Federal Register Volume 31 • Number 96

FEDERAL REGISTER VOLUME 31 • NUMBER 96

Wednesday, May 18,1966 • Washington, D.C. Pages 7211-7274

Agencies in this issue— The President Agriculture Department Civil Aeronautics Board Commodity Credit Corporation Consumer and Marketing Service Customs Bureau Defense Department Delaware River Basin Commission Federal Aviation Agency Federal Communications Commission Federal Contract Compliance Office Federal Maritime Commission Federal Power Commission Federal Reserve System Federal Trade Commission Fish and Wildlife Service Food and Drug Administration General Services Administration Immigration and Naturalization Service Indian Affairs Bureau Interagency Textile Administrative Committee Internal Revenue Service Interstate Commerce Com m ission Land Management Bureau Maritime Administration National Park Service Securities and Exchange Commission Tariff Commission Detailed list of Contents appears inside» 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 of records required to be kept under The booklet’s index, numbering over Federal laws and rules. 2,000 items, lists for ready reference the categories of persons, companies, The “Guide” tells th# user (1) what and products affected by Federal records must be kept, (2) who must record-retention requirements.

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THE PRESIDENT DELAWARE RIVER BASIN FEDERAL POWER COMMISSION COMMISSION Rules and Regulations EXECUTIVE ORDER Notices Statements and reports; system Transferring jurisdiction over cer­ flow diagrams______7226 tain blocked assets from the Comprehensive plan; notice of Notices Attorney General to the Secre­ public hearing______7257 Hearings, etc.: tary of the Treasury______7215 Consumers Power Co______7263 FEDERAL AVIATION AGENCY Gardner Gas Fuel and light Co., Rules and Regulations and Gardner Pipeline, Inc__ 7260 EXECUTIVE AGENCIES Restricted areas; alteration and Kansas-Nebraska Natural Gas designation______7217 Co., Inc______7261 AGRICULTURE DEPARTMENT Standard instrument approach Moses, Lucy G., et al______7262 See also Commodity Credit Corpo­ procedures; miscellaneous United Natural Gas Co., and ration; Consumer and Market­ amendments______7218 Iroquois Gas Corp______7260 Transition area; designation____ 7217 United Gas Pipe Line Co., and ing Service. Southern Natural Gas Co___ 7261 Notices FEDERAL COMMUNICATIONS Village of Bluford, 111., and Yadkinville, N.C.; notice of public COMMISSION Trunkline Gas Co_____;____ 7263 hearing regarding application for proposed new market_____ 7256 Rules and Regulations FEDERAL RESERVE SYSTEM Certain frequencies; allocation__ 7235 Rules and Regulations CIVIL AERONAUTICS BOARD FM broadcast stations, Jackson, Membership of State banking in­ Ohio, et al.; table of assign­ Notices stitutions in Federal Reserve ments------______7238 System; acquisition of stock___ 7224 Hearings, etc.: Proposed Rule Making Compania de Aviacion “Fau- cett”, S.A______7256 Television b ro a d c a st station, FEDERAL TRADE COMMISSION Eastem-Mackey merger case__ 7256 Eureka, Calif.; table of assign­ Rules and Regulations Hawaiian Airlines, Inc., and ments------7246 Administrative opinions and Skyway Air Cargo, Inc_____ 7257 UHF assignments and addition rulings: of third channel to Topeka, Common sales agency______7225 K ans------_------7246 COMMERCE DEPARTMENT Merchandising by means of a Notices chance or gaming device___ 7225 See Maritime Administration. Hearings, etc.: Able Paging Service______7258 FISH AND WILDLIFE SERVICE COMMODITY CREDIT American Telephone and Tele­ Rules and Regulations CORPORATION graph Co., et al______7257 Sport fishing: Central Broadcasting Corp., and Idaho___------7225 Rules and Regulations Second Thursday Corp_____ 7258 Montana (2 documents)__ 7225, 7226 Dry edible bean loan and pur­ Haddox Enterprises, Inc., and Proposed Rule Making chase program, 1966 and subse­ WCJU, Inc______7259 Frozen headless dressed whiting; quent crops; correction______7243 Jupiter Associates, Inc., et al__ 7257 standards for grades______7244 Overmeyer, D. H. Communica­ Notices Notices tions Co., and Maxwell Elec­ Krigbaum, Gilbert Lee; notice of Sales of certain commodities; tronics Corp______7258 loan application______7252 May 1966 sales list______7252 WTCN Television, Inc. (WTCN- TV) et al------7257 FOOD AND DRUG CONSUMER AND MARKETING FEDERAL CONTRACT ADMINISTRATION SERVICE COMPLIANCE OFFICE Rules and Regulations Rules and Regulations Notices Color additives; tagetes extract; Plums grown in California; ship­ confirmation of effective date_ 7227 Equal employment opportunity; Drugs; zinc bacitracin______7228 ment limitations (3 docu­ preaward procedure to insure Food additives : ments) ------7241,7242 compliance by Government con­ Tomatoes grown in Lower Rio Cellophane ______7223 tractors; correction______7266 Sodium n - alkylbenzenesulfo- Grande Valley in Texas; ap­ n a te ______7227 proval of expenses and rate of FEDERAL MARITIME assessment ______7243 Food standards; procedure for COMMISSION establishment______7227 Proposed Rule Making Proposed Rule Making CUSTOMS BUREAU Boiler water additives; proposal Notices Practices of independent ocean to require labeling______7245 freight forwarders, ocean freight Depressant and stimulant drugs; Cases made of material containing brokers, and oceangoing com­ proposed listing of lysergic acid ground, shredded, or pulverized mon carriers; participation by and lysergic acid amide as drugs leather; restriction and prohibi­ hearing counsel______7248 subject to control______7245 tion on imports______7249 Notices Notices Conference agreement; modifica­ Petitions filed regarding food ad­ d efen s e d e p a r t m e n t tion______7259 ditives: Rules and Regulations United States Gulf/Japan Cotton Atomic Energy Commission___ 7256 Pool; agreement filed for ap­ Elanco Products Co______7256 Personal commercial affairs____ 7228 proval------7259 ( Continued on next page) 7213 7214 CONTENTS

GENERAL SERVICES INTERIOR DEPARTMENT LAND MANAGEMENT BUREAU ADMINISTRATION See Pish and Wildlife Service; In­ Notices dian Affairs Bureau; Land Man­ Utah; proposed withdrawal and Rules and Regulations agement Bureau; National Park reservation of lands (3 docu­ Motor vehicle requisitioning and Service. ments)______7250,7251 delivery schedule______i_____ 7234 Public buildings and grounds; INTERNAL REVENUE SERVICE MARITIME ADMINISTRATION management______7234 Notices Notices Old Colony Trust Co.; notice of HEALTH, EDUCATION, AND District Directors et al.; delega­ tions of authority regarding in­ approval as trustee____ ¿c.____ 7256 WELFARE DEPARTMENT spection of certain returns (3 NATIONAL PARK SERVICE See Pood and Drug Administration. documents)______7249, 7250 Notices Certain designated officials; dele­ IMMIGRATION AND INTERSTATE COMMERCE gation of authority______— 7251 NATURALIZATION SERVICE COMMISSION Notices SECURITIES AND EXCHANGE Rules and Regulations Fourth section application for re­ COMMISSION Petition to classify alien as im­ lief—______£ ______7266 Notices mediate relative of United Motor carrier: Hearings, etc.: States citizen or as preference Alternate route deviation no­ Fidelity Fund, Inc______,___ 7264 immigrant______k______7217 tices______7266General American Transporta­ Applications and '"certain other tion Corp______7264 INDIAN AFFAIRS BUREAU proceedings (2 documents)__ 7268, Investors Financial Trust Fund. 7265 7271 Jamestown Telephone Corp., et Notices Intrastate applications______7272 al------7265 Specifically designated employees; Transfen proceedings______7272 United Security Life Insurance redelegation of authority re­ Co------7266 garding credit matters and In­ JUSTICE DEPARTMENT TARIFF COMMISSION dian irrigation projects______7250 See Immigration and Naturaliza­ tion Service. Notices INTERAGENCY TEXTILE Leather workshoes from Czecho­ slovakia;, notice of investiga­ ADMINISTRATIVE COMMITTEE LABOR DEPARTMENT tion------’—------7266 See Federal Contract Compliance Notices Office. TREASURY DEPARTMENT Certain cotton and cotton textile See Customs Bureau; Internal products; restraint levels_____ 7263 Revenue Service.

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.

3 CFR 16 CFR 41 CFR E xecutive O rder: 15 (2 documents) ______7225 101-19------7234 8389 (see EO 11281)______7215 101-26______7234 9989 (superseded by EO 11281)— 7215 18 CFR 10348 (superseded by EO 11281) — 7215 10644 (amended by EO 11281) - — 7215 260___ 7226 46 CFR 11281—______7215 P roposed R u les: 21 CFR 510------— 7248 7 CFR 8------7227 917 (3 documents)______7241,7242 10------7227 47 CFR 965______7243 121 (2 documents)______7227,7228 1421_____ 7243 146e______7228 2------—------7235 73— ------7238 8 CFR P roposed R u l es: 91------7235 121— f______7245 204______7217 95------7235 166______7245 P roposed R u l es: 12 CFR 73 (2 documents)______7246 208______7224 32 CFR 43— ______7228 50 CFR 14 CFR 71______7217 33 (3 documents)______7225, 7226 73______7217 P roposed R u les: 97______7218 271_____ 7244 Presidential Documents

Title 3— THE PRESIDENT Executive Order 11281 TRANSFERRING JURISDICTION OVER CERTAIN BLOCKED ASSETS FROM THE ATTORNEY GENERAL TO THE SECRETARY OF THE TREASURY WHEREAS before October 1, 1948, the Secretary of the Treasury administered the blocking controls and other restrictions over property and interests of certain foreign countries or their nationals that had been imposed, under the authority of section 5(b) of the Trading with the Enemy Act, as amended (50 U.S.C. App. 5(b)), by means of and under Executive Order No. 8389 of April 10,1940, as amended; and WHEREAS by Executive Order No. 9989 of August 20, 1948, jurisdiction over the property and interests which remained blocked or restricted under Executive Order No. 8389 on September 30, 1948, was transferred, effective October 1, 1948, to the Attorney General to aid him in carrying out his functions as successor to the Alien Property Custodian, including, among others, the function of vesting property pursuant to the provisions of the Trading with the Enemy Act, as amended; and WHEREAS by Executive Order No. 10644 of November 7, 1955, the Attorney General was designated to carry out the functions of the President under Title II of the International Claims Settlement Act of 1949 (as added by the Act of August 9, 1955, Public Law 285, 84th Congress, 69 Stat. 562), including certain vesting and blocking functions required by section 202 of that Act (22 U.S.C. 1631a), and the Attorney General, as designee of the President, exercises controls under Executive Order No. 8389 with respect to the net proceeds of certain property that are carried, pursuant to section 202, in blocked accounts with the Treasury; and WHEREAS the functions of vesting property under the Trading with the Enemy Act and under section 202 of the International Claims Settlement Act of 1949 have been terminated; and WHEREAS the blocking controls now exercised by the Attorney General under Executive Order No. 8389 are limited in application to property of Hungary or its nationals acquired on or before January 1, 1945; property of Czechoslovakia, Estonia, Latvia, Lithuania or na­ tionals of those countries acquired on or before December 7, 1945; property of East Germany or its nationals acquired on or before De­ cember 31, 1946, and certain securities scheduled in General Rulings No. 5 and No. 5B, as amended (8 CFR 511.205 and 511.205b) ; and WHEREAS the Office of Alien Property, through which the At­ torney General carries out or has carried out the various responsibilities described above, will be abolished on or before June 30, 1966, and the Attorney General thereafter will not be in a position to administer blocking controls under Executive Order No. 8389 efficiently; and WHEREAS in the interest of efficiency it is desirable to return to the Secretary of the Treasury jurisdiction over the property and interests remaining subject to such blocking controls: NOW, THEREFORE, by virtue of the authority vested in me by the Constitution and the laws of the United States, including the Trading with the Enemy Act, as amended, Title II of the Interna­ tional Claims Settlement Act of 1949 and section 301 of Title 3 of the United States Code, and as President of the United States, it is hereby ordered as follows:

FEDERAL REGISTER, VOL. 31, NO. 96— WEDNESDAY, MAY 18, 1966 7216 THE PRESIDENT

S e c t i o n 1. The authority granted to the Attorney General by Executive Order No. 9989 with respect to property and interests blocked or otherwise subject to restriction under Executive Order No. 8389 is hereby terminated and Executive Order No. 9989 is hereby superseded. S ec. 2. The Secretary of the Treasury shall hereafter be responsible for the administration of the controls exercisable under Executive Order No. 8389, and he is authorized and directed to take such action as he may deem necessary with respect to any property or interest that remains blocked or restricted under Executive Order No. 8389 on the effective date of this order. In the performance of the functions and duties hereby reassigned to him, the Secretary of the Treasury may act personally or through any officer, person, agency or instrumentality designated by him. S ec. 3. All orders, regùlations, rulings, instructions or licenses issued prior to the effective date of this order by the Attorney General or the Secretary of the Treasury with respect to any of the property or interests referred to in Section 2 shall continue in full force and effect except as hereafter amended, modified or revoked by the Secre­ tary of the Treasury. S ec. 4. No person affected by any order, regulation, ruling, instruc­ tion, license or other action issued or taken by either the Attorney General or the Secretary of the Treasury in the administration of Executive Order No. 8389 may challenge the validity thereof or other­ wise excuse any action, or failure to act, on the ground that it was within the jurisdiction of the Secretary of the Treasury rather than the Attorney General or vice versa. S ec. 5. Section 1 of Executive Order No. 10644 of November 7, 1955, is hereby amended to read as follows :

“S e c t i o n 1. (a) With the exception of the functions referred to in subsection (b) of this section, the Attorney General, and, as desig­ nated by the Attorney General for this purpose, any Assistant Attorney General are hereby designated and empowered to perform the func­ tions conferred by Title II of the International Claims Settlement Act of 1949 upon the President, and the functions conferred by that title upon any designee of the President. “ (b) The Secretary of the Treasury, and any officer, person, agency or instrumentality designated by the Secretary of the Treasury for this purpose, are hereby designated and empowered to perform the functions conferred upon the President by section 202 of Title II with respect to the release of blocked property and of-the net proceeds of * property that are carried in blocked accounts with the Treasury.” S ec. 6. Executive Order No. 8389, this order and all delegations, designations, regulations, rulings, instructions and licenses issued or to be issued under Executive Order No. 8389 or this order are hereby continued in force according to their terms for the duration of the period of the national emergency proclaimed by Proclamation No. 2914 of December 16,1950. Executive Order No. 10348 of April 26, 1952 is hereby superseded. S ec. 7. Nothing in this order shall be deemed to revoke or limit any powers heretofore conferred on the Secretary of the Treasury by or under any statute or Executive order, or to revoke or limit any powers heretofore conferred upon the Attorney General by or under any statute or Executive order other than Executive Order No. 9989 or No. 10644. S ec. 8. This order shall become effective at midnight, May 15,1966. L yndon B. J ohnson T he W h ite H ouse, May 13, 1966. [F.R. Doc. 66-5462; Filed May 16, 1966; 1:29 p.m.]

FEDERAL REGISTER, VOL. 31, NO. 96— WEDNESDAY, MAY 18, 1966 7217 Rules and Regulations

MSL to 65,000 feet MSL at Fort Sill, Title 8— ALIENS AND Title 14— AERONAUTICS AND Okla. The U.S. Army has concurred in the NATIONALITY SPACE Federal Aviation Agency’s request that Restricted Areas Rr-5601A and R-5601B Chapter I— Immigration and Natural* Chapter I— Federal Aviation Agency be altered to reflect the actual use of the ization Service, Department of SUBCHAPTER E— AIRSPACE areas. While the Army has a continuing [Airspace Docket No. 66-SO-7] requirement for the lower altitudes with­ Justice in R-5601A and R-5601B, its require­ PART 71— DESIGNATION OF FED­ ment for the upper altitudes is intermit­ PART 204— PETITION TO CLASSIFY ERAL AIRWAYS, CONTROLLED AIR­ tent. As a result, the upper portion of ALIEN AS IMMEDIATE RELATIVE OF SPACE, AND REPORTING POINTS the areas can be redesignated as joint A U.S. CITIZEN OR AS A PREFER­ use thereby making possible the release ENCE IMMIGRANT ' Designation of Transition Area of such airspace to the public when it is On March 31, 1966, a notice of pro­ not being used. Accordingly, action is The following amendment to Chapter taken herein to alter R-5601A and R - posed rule making was published in the 5601B by lowering their upper limits and I of Title 8 of the Code of Federal Reg­ F ederal R egister (31 F.R. 5203) stating ulations is hereby prescribed: that the Federal Aviation Agency was to designate a new Restricted Area R - The last sentence of paragraph (a) considering an amendment to Part 71 5601C which will contain that airspace Relative of § 204.1 Petition is deleted and previously included in Rr-5601A and R - of the Federal Aviation Regulations that 5601B above 23,000 feet MSL. the following sentences inserted in lieu would designate the Darlington, S.C., thereof: “Without the approval of a transition area. Since this amendment is less restric­ separate petition in his behalf, an alien Interested persons were afforded an tive to the public, notice and public pro­ spouse or a child defined in section 101 opportunity to participate in the rule cedure are not considered necessary and (b)(1) (A), (B), (C), (D), or (E) of the the amendment may be made effective making through the submission of com­ immediately. Act, may be accorded the same pref­ ments. All comments received were erence classification under section 203(a) favorable. In consideration of the foregoing, Part as his spouse or parent whom hp is ac­ In consideration of the foregoing, Part 73 of the Federal Aviation Regulations companying or following to join, if the is amended, effective immediately, as 71 of the Federal Aviation Regulations is hereinafter set forth. immediate issuance of a visa or condi­ amended, effective 0001 e.s.t., July 21, tional entry is not otherwise available 1. In § 73.56 (31 F.R. 2332), Rr-5601A 1966, as hereinafter,set forth. and R-5601B, Fort Sill, Okla., under des­ under the provisions of section 203(a) In § 71.181 (31 F.R. 2149) the following (1) through (8) of the Act. However, transition area is added: ignated altitude, delete “Surface to 65,000 the alien spouse or child of an alien par­ feet MSL” and substitute therefor “Sur­ ent who has been classified as an imme­ Darlington, S.C. face to 23,000 feet MSL.” diate relative is not within the purview That airspace extending upward from 700 2. In § 73.56 (31 F.R. 2332), the follow­ of section 203(a) (9) of the Act and may feet above the surface within an 8-mile ing is added: not be accorded derivative immediate radius of the Darlington County Airport relative status. No alien may be classi­ (latitude 34°26'50” N., longitude 79°53'23” R-5601C, F ort Sill, Okla. fied as an immediate relative unless he W.). Boundaries. Beginning at latitude 34«- himself is entitled to such status and is (Sec. 307(a) of the Federal Aviation Act of 38'15” N„ longitude 98«17'00'' W.; to lati­ the beneficiary of an approved visa peti­ 1958; 49 U.S.C. 1348(a)) tude 34°38'15” N., longitude 98°45'20” W.; to latitude 34®41'58'' N., longitude 98°45'- tion according him such classification.” Issued in East Point, Ga., on May 10, 20” W.; to latitude 34®41'58” N., longitude (Sec. 103, 66 Stat. 173; 8 U.S.C. 1103) 1966. 98®39'43” W.; to latitude 34®43'30” N., longi­ William M. F lener, tude 98°35'39” W.; to latitude 34®43'30” N This order shall be effective on the Acting Director, Southern Region. longitude 98°21'20” W.; to latitude 34°43'- date of its publication in the F ederal 45” N„ longitude 98®21'00” W.; to latitude [F.R. Doc. 66-5367; Filed, May 17, 1966; Register. Compliance with the provi­ 34°46'06” N., longitude 98°21'00” W.; to 8:46 a.m.] latitude 34°46'06” N., longitude 98°17'00” sions of section 4 of the Administrative W.; to point of beginning. Procedure Act (60 Stat 238; 5 U.S.C. Designated altitude. 23,000 feet MSL to 1003) as to notice of proposed rule mak­ [Airspace Docket No. 66-SW-14] 65,000 feet MSL. Time of designation. Continuous. ing and delayed effective date is unneces­ PART 73— SPECIAL USE AIRSPACE Controlling Agency, Federal Aviation sary in this instance because the rule Agency, Port Worth ARTC Center. prescribed by the order is interpretative Alteration and Designation of Using Agency. Commanding General. Port in nature. Restricted Areas Sill, Okla. The purpose of this amendment to (Sec. 307(a) of the Federal Aviation Act of Dated: May 13,1966. Part 73 of the Federal Aviation Regula­ 1958; 49 U.S.C, 1348) R aymond F. F arrell, tions is to lower the ceiling of Restricted Issued in Washington, D.C., on May 11. Commissioner of Areas R-5601A and R-5601B from 65,000 1966. Immigration and Naturalization. feet MSL to 23,000 feet MSL and to desig­ W illiam E. Morgan, nate a new Restricted Area R-5601C with Acting Director, Air Traffic Service. [F.R. Doc. 66-5424; Piled, May 17, 1966; the same geographic dimensions as R- 8:51 a.m.] [F.R. Doc. 66-5368; Piled, May 17, 1966; 5601A and R-5601B from 23,000 feet 8:46 ajn.]

FEDERAL REGISTER, VOL. 37, NO. 96— WEDNESDAY, MAY 18, 1966 7218 RULES AND REGULATIONS

SUBCHAPTER F— AIR TRAFFIC AND GENERAL OPERATING RULES [Reg. Docket No. 7235; Amdt. 474] PART 97— STANDARD INSTRUMENT APPROACH PROCEDURES Miscellaneous Amendments The amendments to the standard instrument approach procedures contained herein are adopted to become effective when indicated in order to promote safety. The amended procedures supersede the existing procedures of the same classifi­ cation now in effect for the airports specified therein. For the convenience of the users, the complete procedure is republished in this amendment indicating the changes to the existing procedures. As a situation exists which demands immediate action in the interests of safety in air commerce, I find that compliance with the notice and procedure provisions of the Administrative Procedure Act is impracticable and that good cause exists for making this amendment effective within less than 30 days from publication. In view of the foregoing and pursuant to the authority delegated to me by the Administrator (24 F.R. 5662) , Part 97 (14 CFR Part 97) is amended as follows: 1. By amending the following automatic direction finding procedures prescribed in § 97.11(b) to read: A D F Standard I nstrument Approach P rocedure Bearings, headings, courses and radlals are magnetic. Elevations and altitudes are In feet MSB. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles. , _ , ,, . , ,,1 .. , , . If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, nnifl« an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator of the Federal Aviation Agency. Initial approaches shall be made over specified routes. Minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.

Transition Ceiling and visibility minimums

2-engine or less More than Course and Minimum 2-engine, From— To— altitude Condition distance (feet) 65 knots More than more than or less 65 knots 65 knots

Direct______MEA-.___ T-dn...... 300-1 300-1 200-}$ C-dn...... 400-1 500-1 500-1)$ S-dn-33...... 400-1 400-1 400-1 A-dn...... 800-2 800-2 800-2

Procedure turn W side of crs, 164° Outbnd, 344° Inbnd, 2500' within 7 miles. Beyond 7 miles not authorized. Minimum altitude over facility on final approach crs, 1900'. Crs and distance, facility to airport, 344°—3.4 miles...... • t>t» tt j If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 3.4 miles after passing H LR RBn or over Hood 1 M turn right, climb to 2500' and proceed to Hood RBn, thence maintain 2600' on the 164° bearing within 7 miles. Beyond 7 miles not authorized. N ote: Authorized for military use only except by prior arrangement. __ __ MSA within 25 miles of facility: 000°-090°—2600'; 090°-180°—2500'; 180 -270 —2600 ; 270 -360 —2500'. Citv Fort Hood- State, Tex ; Airport name, Fort Hood AAF; Elev., 923'; Fac. Class., MHW; Ident., HLR; Procedure No. 1, Arndt. 2; Eff. date, 23 Apr. 66; Sup. Amdt. No. 1; ’ Dated, 29 July 61

T -dn...... 300-1 300-1 200-}$ C-d...... 600-1}$ 600-1}$ 600-1}$ C-n...... 600-2 600-2 600-2 S-dn-15*...... 600-1 600-1 600-1 A-dn...... 800-2 800-2 800-2

Radar available...... Procedure turn W side of crs, 332° Outbnd, 152° Inbnd, 3000' withm 10 miles. Minimum altitude over facility on final approach crs, 2000'. F/visual contacTnoTStaWish^d upôn^escentTo authorized landing minimums or if landing not accomplished within 2.7 miles after passing GRK RBn, climb to 3000' on 152® bearing within 15 miles. N ote: Authorized for military use only except by prior arrangement. * Reduction in landing visibility below % mile not authorized. . Ma A within 25 miles of facility: 000°-090°—2200'; 090-°180°—2400'; 180®-270°—2700'; 270°-360°—2700'. Citv Fort Hood; State, Tex.; Airport name, Robert Gray AAF; Elev., 1015'; Fac. Class., HW; Ident., GRK; Procedure No. 1, Amdt. 2; Eff. date, 23 Apr. 66; Sup. Amdt. No. 1; Dated, 10 July 65

UA RBn ...... Direct...... 2500 T-dn...... 400-1 400-1 400-1 C-dn...... 500-1 500-1 500-1}$ S-dn-6R...... 400-1 400-1 400-1 A -dn______800-2 800-2 800-2

Deæent'in holding pattern N side of crs, 245® Outbnd, 065® Inbnd to 2500' within 10 miles. Beyond 10 miles not authorized. Left descending turn in holding pattern. Minimum altitude over facility on finaloapproach crs, 2000'. ^ visu al Contact’not estabUshed°upon descent to authorized landing minimums or if landing not accomplished within 4.6 miles after passing, U A RBn, climb Jo 2000' on the 065® bearing and contact Guam approach control. Air Carrier N ote: Sliding scale not authorized...... , N ote: This procedure applies to civil aircraft only and prior approval required from commander, Andersen AFB. MSA within 25 miles of facility: 000®-360°—2400'. City. Guam, Mariana Islands; Aiiport name, Andersen AFB; Elev., 605'; Fac. Class., HW; Ident., UA; Procedure No. 1, Amdt. 1; Eff. date, 23 Apr. 66; Sup. Amdt. No. Orig.; Dated, 29 Aug. 64

FEDERAL REGISTER, VOL. 31, NO. 96— WEDNESDAY, MAY 18, 1966 RULES AND REGULATIONS 7219

AD F Standard I nstrument Approach P rocedure— Continued

Transition Ceiling and visibility minimums

2-engine or less Minimum More than From— Course and 2-engine, T o - distance altitude Condition (feet) 65 knots More than more than or less 65 knots 65 knots

LOM______3000 300-1 300-1 200-J3 LOM______4000 C-d 500-1 500-1 500-1*3 LOM______2500 C-n 500-1*3 500-1*3 500-1*3 LOM______2500 S-dn-4L 400-1 400-1 400-1 TY S VO RTAC...... — LOM______2500 800-2 800-2 800-2 LOM-______2500

Radar available. Procedure turn W side of crs, 226° Outbnd, 045° Inbnd, 2500' within 10 miles. Minimum altitude over facility on final approach crs, 2500'. Crs and distance, facility to airport, 045°—5.3 miles. / If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 5.3 miles after passing LOM, climb on heading, 045° until intercepting 070° bearing from TS RBn. Continue climb to 3000' on 070° bearing from TS RBn within 20 miles or, when directed by ATC, turn left, climb to 3000' on 350° bearing from TS RBn within 20 miles, or climb to 3000' on R 070°, TYS VORTAC within 20 miles. Other change: Deletes transition from Rasar Int. MSA within 25 miles of facility: 000°-090°—4100'; 090°-180°—6600'; 180°-270°—6300'; 270°-360°~4400'. City, Knoxville; State, Tenn.; Airport name, McGhee-Tyson; Elev., 989'; Fac. Class., LOM; Ident., T Y ; Procedure No. 1, Arndt. 22; Eff.,date, 23 Apr. 66; Sup. Arndt. No. 21- Dated, 4 Jan. 64

Upper Sandusky Int______MNN R Bn______2500 T-dn 300-1 Meeker Int______MNN RBn______2500 C-dn 500-1 Kirkpatrick Int______- _ ___ MNN RBn______2500 500-1 A-dn...... NA NA NA

Procedure turn SW side of crs, 330° Outbnd, 150° Inbnd, 2500' within 10 miles. Minimum altitude over facility on final approach crs, 1500'. Facility on airport. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 0 mile of MNN RBn, turn left, climb to 2500' on crs, 330° within 10 miles. Return to M NN RBn, hold NW, 1-minute right turns, 150° Inbnd. Caution: Tower, 1465'—4 miles W of airport. MSA within 25 miles of facility: 000°-360°—2800'. City, Marion; State, Ohio; Airport name, Marion Municipal; Elev., 991'; Fac. Class., MHW; Ident., MNN; Procedure No. 1, Arndt. Orig.; Eff. date, 23 Apr. 66

Moline VOR— LOM...... Direct______2300 T-dn#.. . 300-1 300-1 20O-*3 Muscatine Int. Stockton Int.-. Direct-...... 2300 C-dn . 600-1 600-1 600-1*3 CVA VOR— LOM...... Direct______2600 S-dn-9 600-1 600-1 600-1 Stockton Int— LOM (final)... Direct______1900 800-2 800-2 800-2 Buffalo Int__ LOM...... Direct—______2300 CID V O R ... Muscatine Int. Via CID VOR, 2500 R 124°. IOW VOR— . Muscatine Int. Via IOW VOR, 2300 R 094°.

Radar available. Procedure turn S side of W crs, 267° Outbnd, 087° Inbnd, 1900' within 10 miles. Minimum altitude over facility on final approach crs, 19p0'. Crs and distance, facility to airport, 087°—4.5 miles. 1/ visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 4.5 miles after passing ML LOM, climb to 2100' on of 087° within 20 miles or, when directed by ATC, make right-climbing turn to 2300' and proceed to MLIVOR. #When weather is below 1500-3, aircraft departing Runway 4: Turn right and climb to 1500'on E heading before turning N . Aircraft departing Runway 9 and 31- Climb on runway headmg to 1500' before turning N , due to 1067' tower, 3 miles N E and 1649' tower, 6 miles N N E. MSA within 25 miles of facility: 000°-090°—2700'; 090°-180°—2900'; 180°-270°—2100'; 270°-360°—2100'. City, Moline; State, 111.; Airport name, Quad-City; Elev., 590'; Fac. Class., LOM; Ident., ML; Procedure No. 1, Amdt. 13; Eff. date, 23 Apr.66; Sup. Arndt. No 12- Dated 22 Jan. 66 ’ ’

Oakwood Int...... RAC RBn___ 2100 T-dn. 300-1 MK LOM...... - ...... 300-1 2 0 0 -* 3 RAC RBn___ 2100 C-dn. 700-1 700-1 700—1J^ Pike Int...... RAC RBn__ 2100 A-dn. NA Racine Int...... NA NA RAC RBn 2100 Follow in Int: C-dn* 500-1 500-1*3

Radar available. ^Procedure turn N side of crs, 028° Outbnd, 208° Inbnd, 2100' within 10 miles. Minimum altitude over Marian Int on final approach crs, 1369'. Facility on airport. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished withii 0 mile of RAC RBn, make left-climbing turn to 2100' on 028° bearing from RAC Rbn within 10 miles. ‘Authorized only for aircraft with dual A D F receivers operating simultaneously or Marian Int identified by radar. ' MSA within 25 miles of facility: 000°-270°—2200'; 270°-360°—2800'. City, Racine; State, Wis.; Airport name, Horlick-Racine; Elev., 669'; Fac. Class., MH; Ident., RAC; Procedure No. 2, Amdt. 3; Eff. date, 23 Apr. 66; Sup Amdt No 2- Dated 26 Feb. 66 ’

TVC VOR______TVC R Bn...... 2100 T-f!n* 300-1 300-1 200—*3 C -d n ...... 500-1 500-1 500-1*3 800-2 800-2 800-2

Radar available. Procedure turn E side of crs, 139° Outbnd, 319° Inbnd, 2100' within 10 miles. Minimum altitude over facility on final approach crs, 1600'. Crs and distance, facility to airport, 319°—2 miles. to 2 W m d lretumCtoITVCt R Bnied UP°n descent to authorized landiûg minimums or if landing not accomplished within 2 miles after passing RBn, make climbing right turn Caution. ‘Several antennas from 1132' to 1546' between 3 to 4.5 miles W and NW of airport. Plan departure to avoid this area. MSA within 25 miles of facility: 000°-090°—2300'; 090°-180°—2900'; 180°-270°—3300'; 270°-360°—2600'. City, Traverse City; State, Mich.; Airport name, Traverse City Municipal; Elev., 623'; Fac. Class., SABH; Ident., TVC; Procedure No. 1, Amdt. 2; Eff. date, 23 Apr 66- Sud Amdt. No. 1; Dated, 9 May 64 ’

FEDERAL REGISTER, VOL. 31, NO. 96— WEDNESDAY, MAY 18, 1966 No. 9i -2 7220 RULES AND REGULATIONS

2. By amending the following very high frequency omnirange (VOR) procedures prescribed in § 97.11(c) to read:

VOR Standard I nstrument Approach P rocedure Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL. Ceilings are in feet above airport elevation. Distances are in nautical “ ^ ^ t o t ^ e S t p p ^ f t o M t o e m b f a K t S e f c ^ d u r t e d a t t o e below named airport, it shall be in accordance with the foUowtag instrument approach procedure, unla« a n ^ n ™ h is H with a different procedure for such airport authorized by the Administrator of the Federal Aviation Agency. Initial approaches shall be made over specified routes. Minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.

Transition Ceiling and visibility minimums

2-engine or less More than Course and Minimum 2-engine, From— To— altitude Condition more than distance (feet) 65 knots More than or less 65 knots 65 knots

B T R VORTAC (final)...... - VDirect------1600 T -dn____ — 300-1 300-1 200-^ C -d ...... 800-1 800-1 800-1% C -n...... 800-2 800-2 800-2 S-dn-4*_._ ___ 800-1 800-1 800-1 A -dn______800-2 800-2 800-2

Procedure turn 8 side of crs, 245° Outbnd, 065° Inbnd, 1600' within 10 miles. Minimum altitude over facility on final approach crs, 1600'. F^visual œ rftlic^ n S eïto ^ h e^ u p o n ^ scen t to authorized landing minimums or if landing not accomplished within 7.6 miles after passing B T R V O E , turn left and climb to 1900' on R 041° within 20 miles or, when directed by ATC, turn right, climb to 2000' on R 081°. - •Reduction in landing visibility not authorized. .... „ .. . . . MSA within 26 miles of facility! 000°-090°—lGOO7; 090°-180 —2800 ; 180 -270 —1300 ; 270 -360 1500 . City Baton Rouge; State, La.; Airport name, Ryan; Elev., 70'; Fac. Class., BVORTAC; Ident., BTR; Procedure No. 1, Arndt. 7; Eff. date, 23 Apr. 66; Sup. Arndt. No. 6; x Dated, 26 Dec. 65

GAL VORTAC______i _____ Direct______2500 T-dn...... 300-1 300-1 200-H 10-mile DME, R 066° ...... — D irect...... 2200 C-dn______500-1 500-1 / 600—1% 3-mile DME, R 066°__ 1______Direct-...... 1400 S-dn-25**______400-1 400-1 400-1 GAL VORTAC ...... - Direct-____ }-____ •800 A-dn______800-2 800-2 800-2

Procedure turn not required with DME. Procedure turns side of crs, 066° Outbnd, 246° Inbnd, 2000' within 10 miles. „.¡uw. ,,m/ Minimum altitude oyer 10-mile DME Fix, 2200'; over 3-mile DME, 1400'; over facility on final approach crs, 800 */if DME not available, 1400 . ITvisual w n ^ ^ n ^ ^ ta b lis M ^ p o n descent ^authorized landing minimums or if landing not accomplished within 3.3 miles after passing GAL VO RT AC, climb straight ahead to^25M^ien ^^jjorized by ATC, DME may be used within 20 miles at 5000' in all directions to position aircraft for a straight-in with the elimination of a procedure turn. **400-% authorized, except for 4-engine turbojet aircraft, with operative high-intensity runway lights. 400-% authorized, except for 4-engme turbojet aircraft, with opera­ tive ALS. ^ . MSA within 25 miles of facility: 000o-090°—4300'; 090o-270°—5000'; 270°-360°—2000'. City, Galena; State, Alaska; Airport name, GalenaFAA; Elev., 152'; Fac. Class., H-BVORTAC; Ident., GAL; Procedure No. 1, Arndt. 4; Eff. date, 23 Apr. 66; Sup. Arndt. No. 3; Dated, 12 Mar. 66

T -dn*...... 300-1 300-1 300-1 C-dn______900-1 900-1 900-1lA A-dn**___ i____ NA NA NA

Procedure turn S side crs, 297° Outbnd, 117° Inbnd, 1500' within 10 miles. Minimum altitude over facility on final approach crs, 1500'. ^ - Crs and distance, facility to airport, 117°—10.2 miles. ' ,, , ...... 1 hia' If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 6.pules after passing TBD VOR, climb to 1500 , turn right and return to the TBD VOR. N ote: Air carrier use not authorized. ' . , ,. __ , . Other changes: Deletes note concerning runway lights and note regarding reduction nj landing visibility not authorized. •Aircraft must remain VF R until clearance received from ATC. **No weather service available. _ . „ __ MSA within 25 miles of facility: 000°-090°—1400'; 090°-180—1500 ; 180 -270 —1500 ; 270 -360 —1500 . City, Houma; State, La.; Airport name, Houma Municipal; Elev., 11'; Fac. Class., BVORTAC; Ident., TBD; Procedure No. 1, Arndt. 3; Eff. date, 23 Apr. 66; Sup. Arndt. No. 2; Dated, 25 Bee. 65

TVC VOR ______Direct...... 2100 T-dn**______300-1 300-1 200- C -dn...... 800-1 800-1 800-1% A-dn______800-2 800-2 800-2 VOR/ADF minimums; VOR and AD F receivers 1 V " -■ 111 . required: § C-dn#...... 400-1 500-1 500-1H

Radar available...... „ Procedure turn E side of crs, 160° Outbnd, 340° Inbnd, 2100' within 10 milesy Minimum altitude over facility on final approach crs, i800'; over Hill Int, 1423 . ^ v isu a l

FEDERAL REGISTER, VOL. 31, NO. 96— WEDNESDAY, MAY 18, 1966 RULES AND REGULATIONS 7221 3. By amending the following very high frequency omnirange—distance measuring equipment (VOR/DME) procedures prescribed in § 97.15 to read:

V Q R/DM E Standard I nstrument Approach P rocedure Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles. If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator of the Federal Aviation Agency Initial aoDroaobos shall be made over specified routes. Minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below

Transition Ceiling and visibility minimums

2-engine or less Minimum More than From— T o - Course and 2-engine, distance altitude Condition (feet) 65 knots More than more than or less 65 knots 65 knots

GL L F R ______GAL VORTAC.. 2500 T -d n ..______300-1 300-1 200-1% 20-mile DME, R 246°______12-mile DME, R 246° 2000 C-dn______500-1 500-1 500-1% 12-mile DME, R 246°...... 8-mile DME, R 246° Direct_____ . 1000 S-dn-7**______400-1 400-1 400-1 A -d n ..______800-2 . 800-2 800-2

Procedure turn not required with DME. Procedure turnS side of crs, 246° Outbnd, 066° Inbnd, 2000' within 10 miles, beyond 5-mile DME Fix Minimum altitude over 12-mile DME Fix, 20007; over 8-mile DME Fix, 1000'; over 5-mile DME Fix on final approach crs 552 Crs and distance, 5-mile DME Fix to airport, 066°—0.5 mile. - ’ withinV10milC°ntaCt n0t establlshed upon descent to authorized landing minimums at 5-mile DME Fix, climb straight ahead to GAL VORTAC, continue to 2500'on R 066° procedure"turn.611 authorlzed by ATC’ DME may be used within 20 miles at 5000' in all directions to position aircraft for a straight-in approach with the elimination of a **400-% authorized, except for 4-engine turbojet aircraft, with operative high-intensity runway lights MSA within 25 miles of facility: 000°-090°—4300'; 090°-270°—5000'; 270°-360°—2000'. City, Galena; State, Alaska; Airport name, Galena FAA;Elev., 152'; Fac. Class., H-BVORTAC; Ident., GAL; Procedure No. VOR/DME No 1 Arndt 1- Eff date 23 A nr ne- Sup. Arndt. No. Orig.; Dated, 12 Mar. 66 ’ • > • » -n-pi.

R 196°, DCA VOR clockwise, R 332°, DCA Via 10 NM A R C . VOR. 2500 T-dn...... ^ 300-1 300-1 200-% G-dn#______700-1 700-1 700-2 R 030°, DCA VOR counterclockwise, R Via 10 NM AR C . 2500 332°, DCA VOR. S-dn-18#*_____ 700-1 700-1 700-2 A-dn...... 800-2 800-2 800-2 Radar available. Procedure turn not authorized. Final approach crs, 152° Inbnd from 10-mile DME Fix Minimum altitude over 10-mile DME Fix, 2500'; 7-mile DME Fix, 2000'; 5-mile DME Fix, 1400'; 3-mile DME Fix 800'. moti* Ji,n«ai„COnta^i not es^aJ>ü?])ed upon descent to authorized landing minimums or if landing not accomplished within 0 mile of DCA VOR climb to 1000' on er« of iw» w ln h0,dlng 18‘”0u,bn<’’ “■* ’ •Reduction net authorized. #AU turbojet aircraft, 700-2. MSA within 25 miles of facility: 270°-090°—2500'; 090°-270°—1700'. City, Washington; State, D.C.; Airport name, Washington National; Elev., 15'; Fac. Class., L-VORTAC; Ident., DCA; Procedure No. VOR/DME No. 1, Arndt. Orig.- Eff. date, 23 Apr, 66 4. By amending the following instrument landing system procedures prescribed in § 97.17 to read:

ILS Standard I nstrument Approach P rocedure

m n i Ä . Ä f t o Ä f ä Ä Ä K ' S Ä S “ ™ 1,1 “ Ä Ceilings are In ieet above airport elevation. Distances ate in „a n tic,

shall be made over »recite. routes. Minimum altitudes sball correspond with tbose established lot rente operation ta £ » 5 S S - S S i S M ow . “ppr“ che8

Transition Ceiling and visibility minimums

2-engine or less Minimum More than From— T o - Course and distance altitude Condition 2-engine, (feet) 65 knots More than more than or less 65 knots 65 knots

Akron VOR______;______LOM______Direct 2800 Briggs VOR...... I.IIII...... LOM (final) T -dn.. 300-1 300-1 200-% Direct 2500 C-dn._ 400-1 Int Briggs VOR, R 322°and090°bearing"to’ LOM...... Direct 500-1 500-1% LOM. 2800 S-dn-1 200-% 200-% 200-% Int Briggs VOR, R 282° and 061° bearing to LOM...___ A-dn__ 600-2 600-2 600-2 LOM. Direct. 2800 Int Briggs VOR, R 048° and 270° bearing to LOM_...... LOM. Direct. 2800

Radar available. Procedure turn E side S crs, 186° Outbnd, 006° Inbnd, 2500' within 10 miles ■Mmimum altitude at glide slope interception Inbnd, 2500'. ™ giid? sloPe and distance to approach end of runway at OM, 2415'—3.7 miles; at MM, 1450'—0 7 mile of ILS to Derby I n t N f l - ^ u W f t S s f ' i s ^ t o f f 3111111111,11118 or 11 landing not accomplished within 3.7 miles after passing LOM, climb to 3000' on N crs 400-% required with glide slope inoperative. 400-% authorized with operative ALS, except for 4 engine turbojet aircraft C ty, At,Ohio; A b p M name, Akron-Canton; Elcv., .228-; Fac. Procedure Nc. A m « . .7; Eff. date, 22 Ap,. 66; Sup. A m « No.

FEDERAL REGISTER, VOL. 31, NO. 96— WEDNESDAY, MAY 18, 1966 7222 RULES AND REGULATIONS

ILS Standard I nstrument Approach P rocedure— Continued

Transition Ceiling and visibility minimums

2-engine or less More than Course and Minimum 2-engine, From— To— altitude Condition more than distance (feet) 65 knots More than or less 65 knots 65 knots

Direct'______2700 T -dn**...... — 300-1 300-1 200-% C-dn______500-1 500-1 600-1% S-dn-28L*%___ 200-% 200-% 200-% A-dn______600-2 600-2 600-2

Radar available. ■ ...... , . , , , Procedure t e n N side E crs, 096° Outbnd, 276° Inbnd, 2700' within 10 miles, not authorized beyond 10 miles. Minimum altitude at glide slope interception Inbnd, 2700'. ___ '■ , J nQ Altitude of glide slope and distance to approach end of runway at OM, 2634'—5.4 miles; at MM, 1093 —n>.6 mile. I n . r . ___ ■ jf visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 5.4 miles after passing LOM, climb to 2500 and proceed to CB LOM. Hold W, 1-minute right turns, 096° Inbnd. *When glide slope not utilized, 500-% will apply. %RVR 2400'. Descent below 1016' not authorized unless approach lights are visible. **RVR 2400' authorized 28L. Citv Columbus- State, Ohio; Airport name, Port Columbus International; Elev., 816'; Pac. Class., ILS; Ident., I-CMH; Procedure No. ILS-28L, Arndt. 13; Eff. date, 23 Apr. 66; Sup. Arndt. No. 12; Dated, 30 Oct. 65

2300 T-dn#______300-1 300-1 200-% Cordova VO R 600-1% Moline V O R -. 2300 C-dn______600-1 600-1 2800 S-dn-27*-...... 500-1 500-1 500-1 Cable Int____ 800-2 Polo VO R ___ Via PLL VOR, 2600 A - d n ______800-2 800-2 R 207°. Donna Int___ Green River Int (final)______Direet______2300

Radar available. . ~ T , Procedure turn N side of crs, 087° Outbnd, 267° Inbnd, 2300' within 10 miles of Green River Int. Minimum altitude over Green River Int on final approach crs, 2300'. Crs and distance, Green River Int to airport, 267°—5.5 miles. , ■ ... . ,, „ _ . T , . If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 6.5 miles after passing Green River Int, make Left turn climbing to 2300' and proceed to MLI VO R, or when directed by ATC, climb to 1900' on MLI localizer W crs and proceed to ML LOM. *500-% authorized except for 4-engine turbojets with operative HI RL’s. . ' , . __. . . #When weather is below 1500-3, aircraft departing Runway 4: Turn right and climb to 150V on E heading before turning N . Aircraft departing Runways 9 and 31. Climb on runway heading to 1500' before turning N due to 1067' tower, 3 miles N E and 1649' tower, 6 miles N N E. City, Moline; State, HI.; Airport name, Quad-City; Elev., 590'; Pac. Class., ILS; Ident., I-MLI; Procedure No. ILS-27 (back crs), Amdt. 9; Eff. date, 23 Apr. 66; Sup. Arndt. No. 8; Dated, 22 Jan. 66

Grand Beach Int_____ Prairift VTTP/DMK Tnfc Via OXI, R 345° 2400 T-dn______300-1 300-1 200-% and W crs, ILS. C-dn______500-1 500-1 500-1% Prairie VHF/DME Int Gordon VTTP/DMP (final) 2400 S-dn-9*______500-1 500-1 500-1 SBN y o R ...... — fînrdnn VTTF/DME Int 2400 A-dn______800-2 800-2 800-2 SB LOM______Gordon VHF/DM E Int 2400 Stillwell Int______Prairie VHF/DME Int______Direct...... 2400

Procedure t e n N side of crs, 269° Outbnd, 089“ Inbnd, 2400 within 10 miles of Gordon VHF/DME Int. Minimum altitude over Gordon VHF/DME Int on final approach crs, 2400'. Crs and distance, Gordon VHF/DME Int to Runway 9, 089°—5.14 miles. , ...... , . .. ,, „ . K If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 5.14 miles after passing Gordon VHF/DM k Int, climb

(4) DME distance for Prairie and Gordon VHF/DME Int are predicated on zero reference point abeam SBN ILS (Channel 30) glide slope. Distance should not be used to determine aircraft position over runway threshold. *500-% authorized with operative HIRL except tor 4-engine turbojets. Citv South Bend; State, Ind.; Airport name, St. Joseph County; Elev., 785'; Fac. Class., ILS; Ident., I-SBN; Procedure No. ILS-9 (back crs) Amdt. 3; Eff. date, 23 Apr. 66; Sup. Amdt. No. 2; Dated, 10 Oct. 64

Elkhart VHF/DME Int...... —-...... — Via GSH, R 018° 2400 T-dn...... — 300-1 300-1 200-% and E crs, ILS. C-dn______*400-1 500-1 500-1% LOM ___-______Direct------2900 S-dn-27*______200-% 200-% 200-% LÔM ______Direct______2400 A -dn...... 600-2 600-2 600-2 Elkhart VHF/DME Int______Via E crs, ILS___ 2400 Elkhart VHF/DME Int______Via 325° bearing 2400 from GSH RBn. Direct______2000 Via R 345°, GSH 2400 VOR. tJnrman VTTP/DME Int LOM (final)______Direct...... - 2000

Procedure turn N side of final approach ere, 089° Outbnd, 269° Inbnd, 2200' within 10 miles. V f f i Z i f S d S & S f f i d S S S S i t o ’w S S S S r ^ S k w a y at OM, 1900'-3.8miles; DME distance, 3 9.miles; at MM, 975'-H)6 mile; DME distance, 0.7mile. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 3.8 miles after passing OM, make climbing right turn to 2000' and proceed direct to the SBN VO R or make climbing right turn to 2200' and proceed direct to SB LOM. N ote s?N(i)X When* mitfior lzed^by *AT C )~DM E may be used to position aircraft on final approach crs at 2200' via 14-m ileDM E Arc, 075° clockwise to 138° from SBN VOR with the elimination of the procedure turn. (2) DME distances are predicated on zero reference point abeam SBN ILS (Channel 30) glide slope. DME should not be used to determine aircraft position over MM, runway threshold or runway touchdown point. . . *500-% required when glide slope inoperative. 500-% authorized with operative ALS except tor 4-engine turbojets. Citv South Bend; State, Ind.; Airport name, St. Joseph County; Elev., 785'; Fac. Class., ILS; Ident., I-SBN; Procedure No. ILS-27, Amdt. 19; Eff. date, 23 Apr. 66; Sup- Amdt. No. 18; Dated, 14 Nov. 64

FEDERAL REGISTER, VOL. 31, NO. 96— WEDNESDAY, MAY 18, 1966 RULES AND REGULATIONS 7223

ILS Standard I nstrument Approach P rocedure—Continued

Transition Ceiling and visibility minimums

2-engine or less Minimum More than From— To— Course and 2-engine, distance altitude Condition (feet) 65 knots More than more than or less 65 knots 65 knpts

PBI v o r : ...... LOM______1600 300-1 300-1 200-% LOM...... - ...... 1600 C-dn *400-1 500-1 500-1% LOM...... 1600 S-dn-9* 300-% 300-% 300-% LOM...... 2000 "600-2 600-2 600-2 LOM...... 1600 Willy I n t..— '___— ...... LOM______1600 LOM....______2000

Procedure turn N side of crs, 273° Outbnd, ,093° Inbnd, 1600' within 10 miles. Minimum altitude at glide slope interception Inbnd, 1600'. Altitude of glide slope and distance to approach end of runway at OM, 1560'—5.7 miles; at MM, 217'—0.6 mile. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 5.7 miles after passing LOM, climb to 1600' on E crs of ILS LCZR within 20 miles of LOM. *500-% required when glide slope not utilized. #Shawnee Int may be used in lieu of procedure turn when authorized by Palm Beach approach control. City, West Palm Beach; State, Fla.; Airport name, Palm Beach International; Elev., 19'; Fac. Class., ILS; Ident., I-PBI; Procedure No. ILS-9, Arndt. 6; Eff. date, 23 Apr. ^ 66; Sup. Arndt. No. 5; Dated, 6 Jan. 66 5. By amending the following radar procedures prescribed in § 97.19 to read: Radar Standard I nstrument Approach P rocedure Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet, MSL. Ceilings are in feet above airport elevation. Distances are In nautical miles unless otherwise indicated, except visibilities which are in statute miles. If a radar instrument approach is conducted at the below named airport, it shall be in accordance with the following instrument procedure, unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator of the Federal Aviation Agency. Initial approaches shall be made over specified routes. M inimum altitude(s) shall correspond with those established for en route operation in the particular area or as set forth below. Positive identification must be estab - lished with the radar controller. From initial contact with radar to final authorized landing minimums, the instructions'of the radar controller are mandatory except when (A) visual contact is established on final approach at or before descent to the authorized landing minimums, or (B) at pilot’s discretion if it appears desirable to discontinue the approach, except when the radar controller may direct otherwise prior to final approach, a missed approach shall be executed as provided below when (A) communication on final approach is lost for more than 5 seconds during a precision approach, or for more than 30 seconds during a surveillance approach; (B) directed by radar controller; (C) visual contact is not established upon descent to authorized landing minimums; or (D) if landing is not accomplished.

Transition Ceiling and visibility minimums

2-engine or less Minimum More than From— Course and 2-engine, To— distance altitude Condition (feet) 65 knots More than more than or less 65 knots 65 knots

Within: Surveillance approach 035° 285° 25 miles... 1500 285° 035° 0-10 miles. 1500 T-dn**______300-1 300-1 200-% 285° 035° 10-25 miles 1600 C-dn______400-1 500-1 500-1% S-dn-15#*______400-1 400-1 400-1 S-dn-33*______400-1 400-1 400-1 S-dn-2%______400-1 400-1 400-1 A-dn______800-2 800-2 800-2 Precision ap jroach

S-dn-15##_____ 200-% 200-% 200-% S-dn-3...... 400-1 400-1 400-1 S-dn-33...... 400-% 400-% 400-% A-dn...... 600-2 600-2 600-2

Ail control wil! provide 1000' vertical separation within a 3-mile radius of radio towers, 849' and 1049' located 9 and 11.5 miles SE of Charleston AFB/Municipal Airport All bearings and distances are from radar site on Charleston AFB/Municipal Airport with sector azimuths progressing clockwise. p w flv n n contact not established upon descent to authorized landing minimums or if landing not accomplished, Runway 15: Climb to 2000' on R 149° within 15 miles of |o™ hin I f iS S v O B ° °HS V0R- RUnWay 33: °limb t0 on « 322° within 15 miles of CHS VOR Runway 21:Cltob Note: VASI: Runways 15, 21, 33. ##RVR 2400'. Descent below 245' not authorized unless approach lights visible. authorized, except for 4-engine turbojet aircraft, with operative high-intensity runway lights. #400-% (RVR 2400) authorized, except for 4-engine turbojet aircraft, with operative ALS. • RVR.2400 authorized Runway 15. City, Charleston; State, S.C.; Airport name, Charleston AFB/Municipal; Elev., 45'; Fac. Class., and Ident., Charleston Radar; Procedure No. 1, Amdt 3- Eff date 23 A nr 66- Sup. Arndt. No. 2; Dated, 28 Aug. 65 ' - ’ v ’ ’

FEDERAL REGISTER, VOL. 31, NO. 96— WEDNESDAY, MAY 18, 1966 7224 RULES AND REGULATIONS

Radar Standard I nstrument Approach P rocedure—Continued

Transition Ceiling and visibility minimums

2-engine or less Minimum More than From— Course and 2-engine, To— distance altitude Condition (feet) 65 knots More than more than or less 65 knots 65 knots ' j 1 , 000° ...... - 360°...... 6600 T-dn#*...... 300-1 300-1 200-H C-dn______700-1 700-1 / 700-1)4 S-dn-10R##____ 200-14 200-J4 200-J4 A -dn______700-2 700-2 700-2 S irveillance a pproach

T-dn*...... 300-1 300-1 200-)4 C-dn...... 800-1 800-1 800-1)4 S-dn-28R/ 700-1 700-1 700-1 10 R$** S-dn-20**...... 800-1 800-1 800-1 A-dn______800-2 800-2 800-2

If visual contact not established upon descent to authorized landing minimums or if landing not accomplished, All Runways: Climb to 3000' direct to PD X VO R or, when directed by ATC, Runway 10R: Climb to 3200' direct to IA LOM; Runway 28R: Climb to 3200' direct to Sauvies Island RBn. Air Carrier N ote: Sliding scale for landing not authorized. Caution: 664' terrain, 1.8 miles SE airport. . *200-J4 authorized for Runways 10R-L and 28R-L only. 700-2 required for Runways 2 and 20. $Minimum altitude over 3-mile Radar Fix Inbnd on final to Runway 10R, 900'. #RVR 2400' authorized Runway 10R. ##RVR 2400'. Descent below 226' not authorized unless approach lights are visible. **Visibility reduction not authorized. City, Portland; State, Oreg.'; Airport name, Portland International; Elev., 26'; Fac. Class., and Ident., Portland Radar; Procedure No. 1, Arndt. 11; Eff. date, 23 Apr. 66; Sup. Arndt. No. 10; Dated, 27 May 65 These procedures shall become effective on the dates specified therein. (Secs. 307(c), 313(a), 601, Federal Aviation Act of 1958; 49 U.S.C. 1348(c), 1354(a), 1421; 72 Stat. 749, 752, 775) Issued in Washington, D.C., on March 17,1966. G ordon A. W illiam s, Jr., Acting Director, Flight Standards Service. (F.R. Doc. 66-5461; Filed, May 17, 1966; 9:00 a.m.]

a national bank to purchase “for its own existence of separate corporate entities. Title 12— BANKS AND BANKING account * * * any shares of stock of Consequently, if such acquisitions of any corporation.” That prohibition is stock were permissible, member banks Chapter II— Federal Reserve System also applicable to State member banks, could conduct banking operations SUBCHAPTER A— BOARD OF GOVERNORS OF under section 9 of the Federal Reserve through additional offices without ob­ THE FEDERAL RESERVE SYSTEM Act (12 U.S.C. 335). Legislative history taining supervisory approval, which and judicial interpretations in this field would undermine an important regu­ [Reg. H] support the view that Congress did not latory purpose of the Federal statutes PART 208— MEMBERSHIP OF STATE intend to permit national banks or State relating to multiple-office banking. member banks to acquire, for their own (d) This incompatibility with the BANKING INSTITUTIONS IN THE account, the stock of other banks, either Federal banking statutes is particularly FEDERAL RESERVE SYSTEM directly or through intermediary corpo­ apparent when the offices of the “sub­ rations. The statutory prohibition ap­ sidiary” bank are situated in places Acquisition of Stock plies to any voluntary acquisition of the where the acquiring bank may not law­ § 208.118 Member bank acquisition of stock of another bank, whether the con­ fully establish and maintain direct stock of another bank. sideration given for the stock consists of branches, under applicable State and cash, other bank assets, or shares of Federal laws. If a bank in those cir­ (a) The Board of Governors has stock of the acquiring bank. cumstances could acquire an existing recently considered, in several cases, (c) The Board concluded that suchbank or establish a new one, it could whether a member bank may lawfully acquisitions would also violate the provi­ effectively circumvent public policy and acquire stock of another bank. In some sions of section 5155 of the Revised accomplish indirectly what it could not instances, a direct acquisition was in­ Statutes and section 9 of the Federal accomplish directly—namely, ownership volved; in another, the stock was to be Reserve Act (12 U.S.C. 36 and 321) that and control of banking offices in places purchased by a wholly owned subsidiary prohibit the establishment of branches (even in another State) where it is of the member bank. In one instance, by member banks except under pre­ forbidden by law to conduct banking the bank stock was to be purchased for scribed conditions. Those provisions of operations. cash; in others, the consideration was law were intended to permit national to consist of newly issued shares of stock (12 U.S.C. 248 (i). Interprets 12 U.S.C. 24, banks and State member banks to oper­ 36, 321, 335) of the acquiring bank. All of the cases ate additional banking offices only with involved acquisition of a majority of the the prior approval of the Comptroller Dated at Washington, D.C., this 9th stock of the “subsidiary” bank. day of May 1966. (b) The Board reaffirmed its position, of the Currency or the Board of Gov­ originally taken shortly after enactment ernors, respectively. When one bank By order of the Board of Governors. of the Banking Act of 1933 (1933 Federal owns all or a majority of the stock of Reserve Bulletin 4 4 9 ), that such acquisi­ another, the offices and resources of the [seal] M erritt S herman, tions by member banks are not legally latter are a part of the banking orga­ Secretary. permissible. Section 5136 of the U.S. nization owned by, and subject to the [F.R. Doc. 66-5382; Filed, May 17, 1966; Revised Statutes (12 U.S.C. 24) forbids control of, the parent bank, despite the 8:47 a.m.]

FEDERAL REGISTER, VOL. 31, NO. 96— WEDNESDAY, MAY 18, 1966 RULES AND REGULATIONS 7225

PART 15— ADMINISTRATIVE accordance with all applicable State Title 16-COMMERCIAL OPINIONS AND RULINGS regulations, subject to the following spe­ cial conditions: PRACTICES Common Sales Agency (1) The sport fishing season on the § 15.46 Common sales agency. refuge shall be as follows: Chapter I— Federal Trade Commission (a) The entire refuge shall be closed PART 15— ADMINISTRATIVE (a) The Commission has advised ato all fishing during the migratory water- OPINIONS AND RULINGS manufacturers’ agent that its proposed fowl hunting season. plan to be the sales agent for a number (b) All pond areas within the refuge Merchandising by Means of a Chance of producers of the same product in­ shall be closed to fishing the entire year. or Gaming Device volves grave risk of illegality because one The provisions of this special regula­ of its stated objeètives is market stabi­ tion supplement the regulations which § 15.45 Merchandising by means of a lization. govern fishing on wildlife refuge areas chance or gaming device. Ob) “The mere use of a common sales generally ^ which are set forth in Title 50, (a) The Commission was recently re­ agency will not, in and of itself, result Code of Federal Regulations, Part 33, and quested to furnish an advisory opinion in a violation of law,” the FTC’s advisory are effective to May 1, 1967. with respect to a proposal to distribute opinion stated. However, it continued, prizes to users of trading stamp books. in view of the requesting party’s state­ P aul T. Quick, Under this proposal, distributors of ment that one of the plan’s purposes is Regional Director, Bureau of trading stamps would receive from the to stabilize the market, “it is reasonable Sport Fisheries and Wildlife. stamp company not only the trading to conclude that the use of a common May 3,1966. stamps that are to be pasted in the books marketing agency by a number of dif­ [F.R. Doc. 66-5383; Filed, May 17, 1966; but the books as well. The books would ferent producers of the same product 8:47 a.m.] bear a seal which when broken after the would inevitably lead to a violation of the book is completely filled and presented Federal Trade Commission Act as well as to the store manager would reveal a the Sherman Act. This is especially true PART 33— SPORT FISHING prize ranging from $1.50 to $100. Books when the common agent would be quot­ carrying prizes larger than $1.50 would ing a common price for all the producers Ninepipe National Wildlife Refuge, represent approximately 10 percent of he represents.” Mont. the total books distributed. The stamp (c) The Commission pointed out it is The following special regulation is user would also have the option of not common experience that any arrange­ issued and is effective on date of publica­ breaking the seal and receiving $2 in cash ment aimed at stabilizing the market, tion in the F ederal R egister. or $2.15 in merchandise. “even if not initially so designed, has (b) It was contended that of the three within it the seeds of price fixing, allo­ § 33.5 Special regulations ; sport fish­ essential elements of a lottery, namely, cation of markets, or restriction of pro­ ing; for individual wildlife refuge duction, all of which are classic anti­ areas. consideration, chance and prize, the first Montana would be missing since merchants would trust violations.” distribute the stamps not only to their (38 Stat. 717, as amended; 15 U.S.C. 41-58) NINEPIPE NATIONAL WILDLIFE REFUGE customers in proportion to purchases Sport fishing on the Ninepipe National made, as is normal for trading stamp Issued: May 17,1966. Wildlife Refuge, Mont., is permitted only operations, but also to anyone who would By direction of the Commission. on the area designated by signs as open register in the merchant’s store whether to fishing. This open area, comprising a purchase was made or not. Extensive [seal] J oseph W. Shea, 2,062 acres, is delineated on maps avail­ advertising would inform the general Secretary. able at the refuge headquarters and from public that they may receive 80 stamps [F.R. Doc. 66-5398; Piled, May 17, 1966; the office of the Regional Director, Bu­ per week by just registering with the 8:48 a.in.] reau of Sport Fisheries and Wildlife, 730 merchants without the necessity of Northeast Pacific Street, Portland, Oreg., making a purchase. 97208. Sport fishing shall be in accord­ (c) The Commission advised that it ance with all applicable State regulations, did not need to decide the question of Title 50— WILDLIFE AND subject to the following special condi­ whether or not consideration would ex­ tions : ist, so that the proposal could be held to FISHERIES Area No. 1. North shore from north constitute a technical lottery, for it was Chapter I— Bureau of Sport Fisheries end of main dike to the south end of the still of the view that the plan would and Wildlife, Fish and Wildlife Allentown bridge, and that portion of involve an illegal effort to sell or dispose the refuge lying east of Highway 93, open of merchandise by means of a chance or Service, Department of the Interior all year, exéept closed September 6, 1966, gaming device. In the Commission’s PART 33— SPORT FISHING to the end of the migratory waterfowl view, lotteries are not the only method hunting season. by which the public gambling instinct Kootenai National Wildlife Service, Area No. 2. South shore from south may be aroused, for other methods are Idaho end of main dike to south end of the comprehended within the general con­ Allentown bridge open from July 15,1966, cept of merchandising by gambling. The following special regulation is is­ through February 28, 1967, except closed This proposal appeared to fall into that sued and is effective on date of publi­ from September 6,1966, to the end of the category, for even though each partici­ cation in the F ederal R egister. migratory waterfowl hunting season. pant would always receive something of § 33.5 Special regulation ; sport fishing ; Area No. 3. The area of the main dike value if he persisted long enough to fill for individual wildlife refuge areas. open all year, except closed during the the book with stamps, the amount of migratory waterfowl hunting season. his return would vary greatly with his I daho The provisions of this special regula­ willingness to “take a chance.” Conse­ KOOTENAI NATIONAL WILDLIFE REFUGE tion supplement the regulations which quently, the Commission declined to give govern fishing on wildlife refuge areas Sport fishing on the Kootenai National generally, which are set forth in Title 50, its approval to the proposed plan. Wildlife Refuge, Idaho, is permitted only (38 Stat. 717, as amended; 15 U.S.C. 41-58) Code of Federal Regulations, Part 33, and on the area designated by signs as open are effective to May 1, 1967. Issued: May 17, 1966. to fishing. This open area, comprising P aul T. Quick, By direction of the Commission. 8 miles of streams, is delineated on a map available at the refuge headquarters and Regional Director, Bureau of [seal] J oseph W. Shea, from the office of the Regional Director, Sport Fisheries and Wildlife. Secretary. Bureau of Sport Fisheries and Wildlife, May 3,1966. [PR. Doc. 66-5397; Piled, May 17, 1966; 730 Northeast Pacific Street, Portland, [F.R. Doc. 66-5384; Filed, May 17, 1966; 8:48 a.m.] Oreg., 97208. Sport fishing shall be in 8:47 a.m.] FEDERAL REGISTER, VOL. 31, NO. 96— WEDNESDAY, MAY 18, 1966 7226 RULES AND REGULATIONS

PART 33— SPORT FISHING plication for reconsideration and, in the be revised and adopted as hereinafter light of the arguments advanced, have provided. Pablo National Wildlife Refuge, revised several of the subparagraphs in­ (3) From the circumstances referred Montana cluded in paragraph (b) of § 260.8 as it to in the recitals set forth above, it is was prescribed in Order No. 303. We unnecessary in the public interest that The following special regulation is recognize that the submission of the de­ further notice be had prior to the adop­ issued and is effective on date of pub­ tailed information to be required is, to tion of the revised regulations, and good lication in the F ederal R egister. some extent, duplicative and that its cause exists for making it effective § 33.5 Special regulation; sport fishing; preparation imposes a significant burden forthwith. for individual wildlife refuge areas. upon the companies required to report. The Commission, acting pursuant to We are still of the opinion, earlier ex­ the authority heretofore set forth in Montana pressed in our original order herein, that Order No. 303, orders: PABLO NATIONAL WILDLIFE REFUGE the information is necessary for regula­ (A). Ordering paragraphs (A) and (B) tory purposes and that the public inter­ of Order No. 303, issued herein on Au­ Sport fishing on the Pablo National est in this regard more than compensates gust, 19, 1965 (34 F P C ___ , 30 F.R. , Wildlife Refuge, Mont., is permitted only for the added burden. Furthermore, the 13359), are deleted and the following is on the area designated by signs as open modifications of the original proposal inserted in lieu thereof. to fishing. This open area, comprising which were incorporated in Order No. (A) Part 260, Statements and Reports, 1,900 acres, is delineated on maps avail­ 303, together with those additional Subchapter G, Chapter I, Title 18 of the able at the refuge headquarters, Na­ changes we are now adopting, make the Code of Federal Regulations, is amended tional Bison Range, Moiese, Mont., 59824, burden as light as possible and yet at by adding a new § 260.8 to read as and from the office of the Regional follows: Director, Bureau of Sport Fisheries and the same time supply information con­ sistent with our minimum needs. § 260.8 System flow diagrams. Wildlife, 730 Northeast Pacific JStreet, One reason for granting reconsidera­ Portland, Oreg., 97208. Sport fishing tion of our original order was to provide (a) Each Class A natural gas pipeline shall be in accordance with all applicable the time necessary to complete the steps * company, having a system delivery ca­ State regulations, subject to the follow­ being taken in compliance with the Fed­ pacity in excess of 100,000 Mcf per day ing special conditions: eral Reports Act of 1942 (5 U.S.C. 139c).’ (measured at 14.73 pjs.i.a. and 60° F.), Open season: The east side of the inlet Those steps have now been completed shall file with the Commission by June 1 canal and the north and east shorelines and the Bureau of the Budget has ap­ of each year twelve (12) copies of a dia­ from the inlet canal to the south end proved the collection of the information gram or diagrams reflecting operating of the main dike are open from July 15, in the form here being prescribed. Items conditions on its main transmission sys­ 1966, through February 28, 1967, except 12, 13, and 14 of that information tem during the previous twelve months during the migratory waterfowl hunting (§ 260.8(b), (12), (13), and (14)) are ended December 31. For purposes of season. subject to reapproval after 1 year. system peak deliveries, the heating sea­ The provisions of this special regula­ Two other matters should be noted. son overlapping the year’s end shall be tion supplement the regulations which First, Order No. 303 and our order grant­ used. Facilities shall be those installed govern fishing on wildlife refuge areas ing reconsideration both contemplated and in operation on December 31 of the generally, which are set forth in Title that the initial report would cover the reporting year. All volumes shall be 50, Code of Federal Regulations, Part 33, calendar year 1964. In vieW'Of the fact reported on a uniform stated pressure and are effective to May 1, 1967. that reports will be required annually, and temperature base. P aul T. Quick, our purposes will be served by having the (b) The diagram or diagrams shall Regional Director, Bureau of initial report cover calendar year 1965 include the following items of informa­ Sport Fisheries and Wildlife. and, though succeeding reports will be tion: due by June 1 of each year, we are pro­ (1) Nominal diameter (inches) of May 3,1966. viding that the initial report be filed by each pipeline. [F.R. Doc. 66-5385; Filed,'May' 17, 1966; June 30, rather than June 1, 1966. (2) Miles qf pipeline (to nearest 0.1 8:47 a.m.] Finally, we recognize that the impact mile) between points of intake, delivery, PB8S8 of the reporting burden will be heavier river crossings, storage fields, crossovers, on some companies than on others due, compressor stations and connections mainly, to the diverse nature of system with other pipeline companies. Title 18— CONSERVATION OF operations. The Bureau of the Budget, (3) Direction of flow in the pipelines. therefore, has asked us to remind the re­ If direction of flow can be reversed at POWER AND WATER RESOURCES spondents of the provisions of § 1.7(b) of compressor stations, so indicate. our Rules of Practice and Procedure (18 (4) Maximum permissible operating Chapter I— Federal Power CFR 1.7(b)), pursuant to which we will pressure for each pipeline at discharge Commission entertain a petition to amend or waive side of each compressor station, or other rules.J This rule provides the means critical point, determined by the pro­ [Docket No. R-257; Order No. 303-A] whereby companies with unusual cir­ visions set forth in the American Stand­ PART 260— STATEMENTS AND cumstances may apply for relief in con­ ards Association’s publication B 31.8 nection with any of the detailed require­ “Gas Transmission and Distribution Pip­ REPORTS (SCHEDULES) ments of the report upon an adequate ing System” or by the company’s own System Flow Diagrams showing of a need for the relief requested. standard (whichever governs the com­ Such a petition is now pending before us pany’s operation), provided that the May 10, 1966. and is being granted by separate order. company supplies an explanation of the By order herein issued October 14,1965 Upon further consideration of the standard used. Where company stand­ (34 FPC ___ , 30 F.R. 13359), we granted matter, the Commission finds: ards governs, so designate by appropriate reconsideration of Order No. 303, issued (1) Section 260.8(b) of the regula­ symbol or legend. August 19, 1965 (34 F P C -----, 30 F.R. tions under the Natural Gas Act pre­ (5) Total horsepower of compressor 11101) in which we amended our regula­ scribed by Order No. 303 issued August engines installed at each compressor tions by prescribing a system flow dia­ 19, 1965, herein should be revised for the station. gram to be filed by certain large natural reasons set forth above and in the man­ (6) Designed suction pressure for each gas pipeline companies subject to the ner hereinafter provided. compressor station, p.s.i.g. provisions of the Natural Gas Act. In (2) For convenience, it is appropriate (7) Designed discharge pressure for the October order we also extended the that paragraph (a) of § 260.8 and those each station, p.s.i.g. filing date for the initial submission of subparagraphs of paragraph (b) which (8) Maximum volume, Mcf per day the diagram to “a date to be fixed here­ are not revised hereby be published to­ that can be compressed at each compres­ after.” gether with the revised portions referred sor station under conditions of suction We have given further careful con­ to above and, therefore, that the ordering and discharge set forth in subparagraphs sideration to the points raised in the ap- paragraphs (A) and (B) of Order No. 303 (6) and (7) of this paragraph. If di- FEDERAL REGISTER, VOL. 31, NO. 96— WEDNESDAY, MAY 18, 1966 RULES AND REGULATIONS 7227 ruction of flow affects these factors pro­ withdrawal of the petition and termina­ vide the information for each direction Title 21— FOOD AND DRUGS tion of the rulemaking proceeding will of flow. be published in the F ederal R egister. (9) The fuel requirement at each Chapter I— Food and Drug Adminis­ Notice and public procedure and de­ compressor station under conditions de­ tration, Department of Health, Edu­ layed effective date are unnecessary pre­ scribed in subparagraph (8> of this cation, and Welfare requisites to the promulgation of this paragraph. order, and I so find, since the amendment (10) Pressure in the pipeline at points SUBCHAPTER A— GENERAL only involves procedural regulations. of emergency interconnection with PART 8— COLOR ADDITIVES Effective date. This order shall become other pipeline companies which can effective upon publication in the F ederal normally be expected to exist, and the Subpart D— Listing of Color Additives R egister. volume which could be delivered or re­ for Food Use Exempt From Certifi­ (Secs. 401, 701, 52 Stat. 1046, 1055 as amend­ ceived at such emergency interconnec­ cation ed; 21U.S.C. 341,371) tion points at such pressures. Give the name of the interconnecting company. T agetes Extract; Confirmation of Dated: May 11,1966. (ID For each storage field, connected E ffective Date Winton B. R ankin, to the system and operated by the re­ In the matter of listing tagetes extract Acting Deputy Commissioner spondent pipeline company, the maxi­ as a safe color additive for use in chicken of Food and Drugs. mum dependable daily and seasonal feed and exempting it from certification: [F.R. Doc. 66-5411; Piled, May 17, 1966; withdrawal volumes available under Pursuant to the provisions of the Fed­ 8:50 a.m.) normal conditions of operation. eral Food, Drug, and Cosmetic Act (sec. (12) The average and maximum (co­ 706 (b)(1), (c)(2), (d), 74 Stat. 399, incidental and noncoincidental) daily 402; 21 U.S.C. 376 (b)(1), (c)(2), (d)), PART 121— FOOD ADDITIVES volumes delivered at each takeoff point and in accordance with the authority during the reporting year. Where de­ delegated to the Commissioner of Food Subpart D— Food Additives Permitted liveries to a single customer are made and Drugs by the Secretary of Health, in Food for Human Consumption at two or more points and conjunctive Education, and Welfare (21 CFR 2.120; Subpart F— Food Additives Resulting billing is used to determine charges, the 31 F.R. 3008), notice is given that no ob­ jections were filed to the order in the From Contact With Containers or volumes delivered shall be reported on Equipment and Food Additives the conjunctive basis. Small deliveries above-identified matter published in the F ederal R egister of March 29, 1966 (31 Otherwise Affecting Food (less than 100 Mcf per day) which have F.R. 5069). Accordingly, the regulation little or no effect upon the operation of promulgated by that order will become S odium k-Alkylbenzenesulfonate the pipeline may be grouped in an ap­ effective May 28,1966. The Commissioner of Food and Drugs, propriate manner; i.e., between compres­ (Sec. 706 (b )(1), (c)(2), (d), 74 Stat. 899, having evaluated the data in a petition sor stations or the last mainline com­ 402; 21 U.S.C. 376 (b )(1), (c)(2), (d ))' (FAP 6L1875) filed by Monsanto Co., 800 pressor station and the end of the pipe­ Dated: May 11,1966. North Lindbergh Boulevard, St. Louis, line. If an estimate is used for a Mo., 63166, and other relevant material, J . K . K i r k , delivery, so indicate. Assistant Commissioner has concluded that the food additive (13) The average daily volume re­ regulations should be amended to pro­ for Operations. vide for the safe use of sodium n-alkyl- ceived at each intake point to the trans­ (P.R. Doc. 66-5410; Piled, May 17, 1966; benzenesulfonate in washing fruits and mission pipeline system. 8:49 am .) vegetables and as an emulsifier and/or (14) Hie volume received Into the surface-active agent in the production of transmission pipeline system at each in­ SUBCHAPTER B— FOOD AND FOOD PRODUCTS articles or components of articles used take point on the day of maximum co­ in contact with food. Therefore, pur­ incidental delivery. PART 10— DEFINITIONS AND suant to the provisions of the Federal STANDARDS FOR FOOD Food, Drug, and Cosmetic Act (sec. 409 (15) The information required by sub- (0 (1 ), 72 Stat. 1786; 21 U.S.C. 348 (c) paragraphs (12), (13) and (14), of this Procedure for Esta b lish in g Food (1)), and under the authority delegated paragraph may be furnished in tabular Standards Under the Federal Food, to the Commissioner by the Secretary of form, or by reference to FPC Form No. 2, Drug, and Cosmetic Act Health, Education, and Welfare (21 CFR 2.120; 31 F.R. 3008), Part 121 is amended providing, that the information is suit­ To clarify the procedural food stand­ ably keyed to the diagram (s) by appro­ as follows: ard regulations with respect to a peti­ 1. Section 121.1091(a)(2) is amended priate identifying symbol or number. tioner withdrawing his petition without by adding alphabetically a new item to (Secs. 4, 5, 7, 16, 52 Stat. 823, 824, 825, 830; prejudice, Part 10 is amended as set forth the list of substances, as follows: 15 TJ.S.C. 717c, 717d, 717f, 717o) below. Accordingly, pursuant to the authority § 121.1091 Chemicals used in washing (B) This amendment shall be effectivevested in the Secretary of Health, Edu­ fruits and vegetables. initially for the reporting year 1965 ex­ cation, and Welfare by the Federal Food, * * * * * cept that the last day for filing the flow Drug, and Cosmetic Act (secs. 401, 701, diagrams depicting 1965 operations is 52 Stat. 1046,1055 as amended; 21 U.S.C. (a) * * * postponed to June 30, 1966. 341, 371) and delegated by him to the (2) • * * (B) In all other respects the provisions Commissioner of Food and Drugs (21 Substances Limitations of Order No. 303 remain in full force CFR 2.120; 31 FJR. 3008), §10.2 is • • • * * * and effect. amended by adding a new paragraph (d), Sodium n-alkylben- Not to exceed 0.2 per­ (C) The Secretary shall cause prompt as follows: zenesulfbnate (alkyl cent in wash water. group predom inant— May be used in publication of this order to be made in § 10.2 Procedure for establishing food ly Cu and Cia and washing car to assist the F ederal R egister. standards under the Federal Food, not less tban 95 per­ in the lye peeling Drug, and Cosmetic Act. cent C10 to C16). of fruits and vege­ By the Commission. * * # * * tables. * « • • • * [seal] J oseph H. G utride, (d) At any time prior to the issuance Secretary. of an order acting on his proposal under • * * * * section 701(e)(1) of the act, the peti­ 2. Section 121.2541(c) is amended by [PJt. Doc. 66-5381; Piled, May 17, 1966; tioner may withdraw his petition with­ 8:47 a.m.) alphabetically inserting in the list of sub­ out prejudice to a future filing. Notice of stances a new item, as follows:

No. 96----- 3 FEDERAL REGISTER, VOL. 31, NO. 96— WEDNESDAY, MAY 18, 1966 7228 RULES AND REGULATIONS

§ 121.2541 Emulsifiers and/or surface- amended by inserting alphabetically in § 146e.418 Zinc bacitracin. active agents. the list of substances a new item, as * * ■ * * * * * • * * follows: (C) • * * (c) List of substances: § 121.2507 Cellophane. - (3) The statement “Expiration date ***** ______”, the blank being filled in ***** with the date which is 24 months after Sodium n-alkylbenzenesulfonate (alkyl (c) List of substances: group predominantly Cu and C1S and not the month during which the batch was less than 95 percent C10 and C16), for use Limitations (residue and certified, except that the blank may be only as a component of nonfood articles limits of addition ex­ filled in with the date that is 30 months, complying with §§ 121.2507, 121.2514, 121.- pressed as percent by 36 months, 42 months, 48 months, 54 2524, 121.2526, 121.2534, 121.2535, 121.2559, w eig h t of finished months, or 60 months after the month 121.2562, 121.2569, 121.2571, and 121.2591. packaging cellophane) during which the batch was certified if ***** * * * / * * * the person who requests certification has »-Octyl alcohol-- For use only as a defoam­ submitted to the Commissioner results Any person who will be adversely af­ ing agent in the manu­ of tests and assays showing that after fected by the foregoing order may at any facture of cellophane having been stored for such period of time within 30 days from the date of its base sheet. time such drug as prepared by him com­ publication in the F ederal R egister file * * * * * * plies with the standards prescribed with the Hearing Clerk, Department of therefor by paragraph (a) of this section. Health, Education, and Welfare, Room ***** 5440, 330 Independence Avenue SW., Any person who will be adversely af­ * * * * * Washington, D.C., 20201, written objec­ fected by the foregoing order may at any Notice and public procedure and de­ tions thereto, preferably in quintuplicate. time within 30 days from the date of its layed effective date are unnecessary pre­ Objections shall show wherein the per­ publication in the F ederal R egister file requisites to the promulgation of this son filing will be adversely affected by with the Hearing Clerk, Department of order, and I so find, since the changes the order and specify with particularity Health, Education, and Welfare, Room are such that they cannot be applied to the provisions of the order deemed ob­ 5440, 330 Independence Avenue SW., any specific product unless and until the jectionable and the grounds for the ob­ Washington, D.C., 20201, written objec­ manufacturer thereof has supplied ade­ jections. If a hearing is requested, the tions thereto, preferably in quintuplicate. quate data regarding that article. objections must state the issues for the Objections shall show wherein the per­ Effective date. This order shall be­ hearing. A hearing will be granted if son filing will be adversely affected by the order and specify with particularity thé come effective upon publication in. the the objections are supported by grounds F ederal R egister. legally sufficient to justify the relief provisions of the order deemed objection­ able and the grounds for the objections. (Sec. 507, 59 Stat. 463 as amended; 21 U.S.C. sought. Objections may be accompanied 357) by a memorandum or brief in support If a hearing is requested, the objections thereof. must state the issues for the hearing. Dated: May 11,1966. " A hearing will be granted if the objec­ Effective date. This order shall be­ tions are supported by grounds legally J. K. K irk, come effective on the date of its publi­ sufficient to justify the relief sought. Assistant Commissioner cation in the F ederal R egister. Objections may be accompanied by a for Operations. (Sec. 409(c) (1), 72 Stat. 1786; 21 U.S.C. 348 memorandum or brief in support thereof. ]FJt. Doc. 66-5416; Filed, May 17, 1966; 8:50 a.m.] (c)(1 )) Effective date.' This order shall be­ Dated: May 11,1966. come effective on the date of its publica­ tion in the F ederal R egister. J. K. Kirk, Assistant Commissioner (Sec. 409(c)(1), 72 Stat. 1786; 21 U.S.C. Title 32— NATIONAL DEFENSE for Operations. 348(c)(1)) Chapter I— Office of the Secretary of [F.R. Doc. 66-5415; Filed, May 17, 1966; Dated: May 10, 1966. Defense 8:50 am .] J. K. K irk, SUBCHAPTER B— PERSONNEL; MILITARY AND Assistant Commissioner CIVILIAN for Operations. PART 121— FOOD ADDITIVES PART 43— PERSONAL COMMERCIAL [F.R. Doc. 66-5413; Filed, May 17, 1966; AFFAIRS 8:50 a.m.] Subpart F— Food Additives Resulting The Deputy Secretary of Defense ap­ From Contact With Containers or proved the following revision to Part 43, Equipment and Food Additives Title 32, on May 2,1966. SUBCHAPTER C— DRUGS Otherwise Affecting Food Sec. C ellophane PART 146e— CERTIFICATION OF BAC­ 43.1 Purpose. ITRACIN AND BACITRACIN-CON­ 43.2 Applicability and scope. The Commissioner of Food and Drugs, 43.3 Commercial activities conducted on TAINING DRUGS Military Installations. having evaluated the data in a petition 43.4 Supervision of on-base commercial (FAP 5B1761) filed by E. I. du Pont de Zinc Bacitracin; Change in activities. Nemours & Co., 1007 Market Street, Wil­ Expiration Date 43.5 Denial and revocation of on-base mington, Del., 19898, and other relevant solicitation. material, has concluded that the food Under the authority vested in the Sec­ 43.6 Educational programs and advertising additive regulations should be amended retary of Health, Education, and Wel­ policies. to provide for the safe use of n-octyl al­ fare by the Federal Food, Drug, and 43.7 Exercise of “off-limits” authority. Cosmetic Act (sec. 507, 59 Stat. 463 as 43.8 Indebtedness of military personnel. cohol as a defoaming agent in the manu­ 43.9 Standards of fairness and full disclo­ facture of cellophane base sheet intended amended; 21 U.S.C. 357) and delegated sure by lenders and sellers. for use in food packaging. Therefore, by him to the Commissioner of Food 43.10 Processing debt complaints. pursuant to the provisions of the Federal and Drugs (21 CFR 2.120; 31 F.R. 3008), 43.11 Responsibilities. Food, Drug, and Cosmetic Act (sec. 409 the antibiotic drug regulations are 43.12 Effective date. (c)(1), 72 Stat. 1786; 21 U.S.C. 348(c) amended to change the maximum ex­ 43.13 Implementation. (1)), and under the authority delegated piration date for zinc bacitracin from 24 Attachment A. to the Commissioner by the Secretary of months to up to 60 months within cer­ Attachment B. Health, Education, and Welfare (21 CFR tain conditions. Accordingly, § 146e.418 Authority: The provisions of this Part 43 2.120; 31 F.R. 3008), § 121.2507(0 is (c) (3) is amended to read as follows: issued under sec. 161, R.S., 5 U.S.C. 22.

FEDERAL REGISTER, VOL. 31, NO. 96— WEDNESDAY, MAY 18, 1966 RULES AND REGULATIONS 7229

§ 43.1 Purpose. tion of the military commander, pro­ § 43.4 Supervision of on-base commer­ The purpose of this part is to revise vided such solicitations and transactions cial activities. Part 43, Title 32, and in furtherance of conform to applicable regulations and (a) The solicitation of military per­ the President’s Message of March 21, do not otherwise interfere with essential sonnel and their dependents will be con­ 1966, “Consumer Interests” (H.R. Doc. military activities. No person has au­ ducted on an individual basis, prefer­ No. 413,89th Cong.), to prescribe general thority to enter upon and transact com­ ably by appointment, In such locations, Department of Defense policy regarding mercial business as a matter of right. and at such hours as the military com­ the solicitation and sale of goods, serv­ (b) Because of his broad responsibili­ mander may designate. ices, and commodities on military instal­ ties to maintain discipline, protect prop­ (b) A conspicuous notice of instal­ lations by dealers, tradesmen, and their erty, and safeguard the health, morale, lation regulations will be posted in such agents, to safeguard and promote the and welfare of his personnel, the installa­ form and such place as to give notice welfare and interests of military person­ tion commander may impose reasonable thereof to all those conducting on-base nel as consumers, and to set forth the restrictions on the character and con­ commercial activities. In so far as conditions under which DoD may extend duct of commercial activities. Of spe­ practicable as determined by the military assistance in the collection of debts, cial concern is the need to assure that commander, those conducting on-base wherever incurred, from members of the members of the armed forces are not commercial activities will be presented armed forces. subject to fraudulent, usurious, or un­ with a copy of the applicable installation ethical business practices, and that rea­ regulations and advised that disregard of § 43.2 Applicability and scope. sonable and consistent standards are ap­ the regulations will result in the with­ (a) This part is applicable to all com­ plied to each company and its agents in drawal of solicitation privileges. ponents of the Department of Defense, conducting commercial transactions on (c) The following solicitation prac­ to those desiring the privilege of conduct­ the installation. The word “company” tices are prohibited: ing commercial transactions with mili­ as used herein, includes any commercial (1) Solicitation of recruits, trainees, tary personnel on- military installations organization, company, group, or other “mass” or “captive” audiences, and tran­ (including controlled housing areas), type of legal entity. sient personnel. and to those who seek assistance in the (c) Those seeking to transact personal (2) Solicitation in areas utilized for processing of debt complaints against commercial transactions on military in­ processing or housing transient person­ military personnel, particularly those in stallations in the United States, its terri­ nel; solicitation in barracks occupied as which consumer credit has been ex­ tories and the Commonwealth of Puerto quarters; or the making of appointments tended. Rico will be required, upon demand, to with or soliciting military persons in an (b) For additional provisions govern­ present to the installation commander or “on-duty” status. ing on-base solicitation for certain spe­ his designee documentary evidence that (3) The use of official identification cialized types of commercial enterprises the company and its agents meet the cards by retired or reserve members of see the following DoD directives: licensing requirements of the state in the armed forces to gain access to mili­ (1) Life Insurance companies and which the installation is located, and tary installations for the purpose of their agents—DoD Directive 1344.1, “So­ that they also meet any other applicable soliciting. licitation of Life Insurance on Military regulatory requirements imposed by civil (4) Procuring, or attempting to pro­ Installations,” March 3, 1964 (Part 276 authorities (Federal, State, county, or cure, or supplying roster listings of DoD of this chapter). municipality). For ease of administra­ personnel for solicitation purposes. (2) Automobile Insurance companies tion, the installation commander may is­ (5) The offering of unfair, improper, and their agents—DoD Directive 1344.6, sue temporary permits to agents who and deceptive inducements to purchase “Motor Vehicle Liability Insurance,” meet these requirements and who fre­ or deal. April 15,1964 (Part 278 of this chapter). quently conduct commercial activities on (6) Practices involving rebates to the military installations. Permanent facilitate transactions or to eliminate (3) Credit unions—DoD Directive installation passes will not be issued for 1000.9, “Credit Unions Serving DoD Per­ this purpose. competition. (Credit union interest re­ sonnel,” August 27,1965 (Part 230 of this funds to borrowers are not considered a chapter), and DoD Directive 1000.10, (d) Those seeking to transact per­ prohibited rebate.) “Credit Unions Serving DoD Personnel sonal commercial transactions in foreign (7) The use of any manipulative, de­ on Overseas U.S. Military Installations,” countries will be required to observe the ceptive, or fraudulent device, scheme March 3,1966. applicable laws of the Host Country and or artifice, including misleading adver­ (4) Commercial facilities authorized upon demand to present documentary tising and sales literature. by the Army, Navy, Air Force, or Marine evidence to the installation commander (8) Any oral or written representa­ Corps Exchanges—DoD Directive 1330.9, or his designee that the company and its tions which suggests or give rise to the “Armed Services Exchange Regulations,” agents meet the licensing requirements appearance that the DoD sponsors or January 6,1956. of the Host Country. If the company endorses the company, its agents, or the and its agents also conduct business in goods, services, and commodities it sells. As used herein, credit unions refer to the United States, they must also pre­ those authorized by Part 230 of this sent upon demand, documentary evi­ § 43.5 Denial and revocation of on- chapter, and DoD Directive 1000.10, dence that they meet the licensing re­ base solicitation. “Credit Unions Serving DoD Personnel quirements of the State in which they (a) In furtherance of a commander’s on Overseas U.S. Military Installations,” conduct their principal business. responsibilities, he shall deny or revoke March 3,1966. permission to a company and its agents (c) The provisions of this part re­ (e) Armed Services Exchange facili­ to conduct commercial activities on the lating to processing of debt complaints ties will be approved as authorized by military base if such action would further involving consumer credit transactions DoD Directive 1330.9, “Armed Services the best interests of the command. The do not apply to companies furnishing Exchange Regulations,” January 6,1956. grounds for taking this action shall in­ utility services, milk, laundry, and re­ No other exclusive franchise or conces­ clude, but not be limited to, the follow­ lated delivery services in which credit sion will be awarded for on-base solicita­ ing: is extended solely to facilitate the serv­ (1) Failure to meet the licensing and ice, as distinguished from inducing the tion and sale of goods, services, and com­ other regulatory requirements prescribed purchase of the product of service. For modities to military personnel without by §43.3 (c) or (d). additional exceptions see § 43.10(e). the approval of the Assistant Secretary (2) Commission of any of the solicita­ § 43.3 Commercial activities conducted of Defense (Manpower). All existing ex­ tion practices prohibited by § 43.4(c). on military installations. clusive franchises or concessions of this (3) Substantiated adverse complaints nature will be referred to the ASD(M) or reports regarding the quality of the (a) The solicitation and transaction goods, services, or commodities solicited, of commercial business on military in­ for review. This limitation will not ap­ the manner in which they are offered for stallations with members of the armed ply to service and supply contracts re­ sale, and the method and terms of forces may be permitted at the discre- lated to base operations. financing.

FEDERAL REGISTER, VOL. 31, NO. 96— WEDNESDAY, MAY 18, 1966 7230 RULES AND REGULATIONS

(4) Personal misconduct by a com­ continue to encourage individual mili­ “just financial obligation” means one pany’s agents or representatives while on tary members to seek advice from the acknowledged by the military member the military installation. judge advocate or their own lawyer be­ in which there is no reasonable dispute as (5) The possession of or any attempts fore making substantial loan or credit to the facts or the law, or one reduced to obtain allotment forms. commitments. The counseling service to judgment which conforms to the (b) The decision as to whether the and the orientation lectures should in­ Soldiers’ and Sailors’ Civil Relief Act (50 denial or revocation action shall be clude information regarding the need U.S. Code, App. 501, et seq.), if appli­ limited to the agent, or whether it shall for a full disclosure of the terms of the cable. “In a proper and timely manner” also be extended to the company he agreement, how finance and interest means a manner which the military de­ represents, shall be dependent upon the rates are quoted and computed, the partment concerned determines does not, circumstances of the particular case, in­ standards of fairness which should be under the circumstances, reflect discredit cluding among others, the nature of the observed, and the DoD forms available on the military service. violations, their frequency, the extent to for this purpose. See § 43.9 and Attach­ (b) However, the military depart­ which other agents of the company have ment A to this part. ments are without legal authority to re­ engaged in such practices, and any other (c) The DoD expects that commercialquire a member to pay a private debt, or matters tending to show the company’s enterprises soliciting military personnel to divert any part of his pay for the sat­ culpability. through advertisements appearing in un­ isfaction thereof even though the in­ (c) Upon denying or revoking solici­ official military publications will volun­ debtedness may have been reduced to tation privileges the agent and the com­ tarily observe, or will be requested by the judgment by a civil court. The enforce­ pany he represents will be promptly no­ publisher to observe, the highest business ment of tide private obligations of a tified of the reasons, orally or in writing. ethics in describing goods, services, and military member is a matter for civil If the grounds for the action bear sig­ commodities and the terms of sale (in­ authorities. nificantly on the eligibility of the agent cluding guarantees, warranties, etc.). If (c) Those desiring to contact a mili­ and the company to hold a State license credit terms are offered in such adver­ tary member about his indebtedness may or to meet other regulatory require­ tisements, a clear statement of the total obtain the member’s address by writing ments, the appropriate authorities will cash price as well as the total cost of to the locator service of the military de­ be notified. If the grounds for the action credit, including all charges, should be partment concerned and enclosing $1.50 are such that the denial or revocation shown clearly in the company’s adver­ as a fee for the service. action should be extended to additional tisements. Iff time payments are shown, military installations, the installation the number of payments, the amount of § 43.9 Standards of fairness and full commander will make his recommenda­ each, and the time period should also be disclosure by lenders and sellers. tions to the military department con­ shown in order that the reader can easily (a) The Department recognizes that a cerned after affording the company the compute the dollar cost of the loan. great majority of those engaged in mak­ opportunity to show cause why it should ing loans and extending credit to mili­ not be so extended. If so approved, and § 43.7 Exercise of “off-limits” author­ tary personnel deal fairly and justly. when appropriate, the order may be ex­ ity. Attachment A to this part describes the tended to the other military departments (a) In appropriate cases a military principal standards (Part I) which are by the Assistant Secretary of Defense commander may use the services of the considered to characterize fair and just (Manpower), following consultation with Armed Forces Disciplinary Control dealing with servicemen; and itemizes the military departments concerned. Board to. investigate reports that cash the information (Part II) which the or consumer credit transactions offered serviceman needs to know in order to be § 43.6 Educational programs and adver­ military personnel by a business estab­ fully informed on the terms of the con­ tising policies. lishment are usurious, fraudulent, mis­ tract. Adherence to these standards (a) The military departments shall leading, or deceptive. Should it be de­ and disclosure of this information in ad­ maintain information and education termined that the commercial establish­ vance places both parties squarely on programs for the purpose of providing ment engages in such practices, that it notice of their respective obligations, dis­ members of the armed forces with in­ has not taken corrective action upon be­ courages improvident loans, and reduces formation pertaining to the conduct of ing duly notified, and that the health, cases of default. their personal commercial affairs (con­ morale, and welfare of military person­ (b) Those who sell or loan to military sumer credit and financing, insurance, nel would be served thereby, the Armed personnel are expected to subscribe to government benefits, savings, and budg­ Forces Disciplinary Control Board may the standards of fairness and to make eting) . The services of commercial recommend that the offending business full disclosure before the loan or credit agents, including loan or finance com­ establishment be declared “off-limits” to agreement or contract is executed. Be­ panies and thèir associations may not be all military personnel. The procedures cause banks and credit unions operating used for this purpose. The services of for making these determinations are set on military installations owe a special re­ representatives of credit unions, includ­ out in Joint Regulations, “Armed Forces sponsibility to deal fairly with those as­ ing associations of credit unions, may be Disciplinary Control Boards” (AR 15-3, signed to or employed on the installation, used for this purpose provided their pro­ DSAR 5725.1, BUPERSINST 1620.4, AFR they must conform to the requirements grams are entirely educational in nature. 125-11, MCO 1620.1, COMDTINST of Attachment A to this part before ex­ Educational materials prepared by out­ 1620.1) March 12,1965. ecuting the loan or credit agreement or side organizations expert in this field (b) A Secretary of a Military Depart­ contract. may be adapted or used provided such ment or the Secretary of Defense, upon (c) The itemized information required material is entirely educational in nature receiving information that a company in Part II of Attachment A to this part and does not contain or refer to any par­ conducting cash or consumer credit may be presented to the serviceman in ticular commercial product, service, or transactions with members of the Armed the form most convenient to the seller or company. In addition, such experts in Forces on a nation-wide or international lender, as long as all of the information the field of personal commercial affairs basis is engaged in widespread usurious, is disclosed and a copy is provided to the may provide expert advice to those con­ fraudulent, or deceptive practices, may borrower. ducting such educational programs, but direct appropriate Armed Forces Disci­ may not take parts in orientation lec­ plinary Control Boards in all geograph­ § 43.10 Processing debt complaints. tures or individual counseling. ical areas in which these practices have (a) With the growth of borrowing op­ (b) The local military commander will occurred to investigate the charges and portunities and consumer credit, the also make qualified personnel and facili­ take appropriate action. military departments have been called ties available for individual counseling § 43.8 Indebtedness of military person­ upon, with increasing frequency, to pro­ on loans and consumer credit transac­ nel. vide assistance in the processing of debt tions in order to encourage thrift and complaints growing out of such transac­ financial responsibility and promote a (a) A member of the Armed Forces istions. While many of these requests in­ better understanding of the wise use of expected to pay his just financial obliga­ volve loan and credit transactions which credit. Legal assistance programs will tions in a proper and timely manner. A are fair and reasonable, others involve

FEDERAL REGISTER, VOL. 31, NO. 96— WEDNESDAY, MAY 18, 1966 RULES AND REGULATIONS 7231 transactions in which the full cost of intended to benefit the accommodating 4. The debtor shall have the right to re­ credit has not been stated simply and party through payment of interest or move any security for the obligation beyond clearly in advance. Further, some of otherwise; contracts for the purchase, State or national boundaries if he or his these transactions levy exorbitant family moves beyond such boundaries under sale or rental of real estate; claims in military orders and notifies the creditor in charges and other unreasonable obliga­ which the total unpaid amount does not advance of the removal, of the new address tions against the military debtor. Under exceed $50; claims for support of de­ where the security will be located. Removal such circumstances, the Department will pendents; claims based on a revolving of the security shall not accelerate payment not use its facilities and personnel in or open-end credit account if the account of the obligation. processing such debt complaints through shows the periodic rate and its annual 5. No late charge shall be made in excess military channels. For the purpose of rate equivalent and the balance to which of 5 percent of the late payment, or $5., this part, lenders also include all finan­ it is applied to compute the charge; or which ever is the lesser amount. Only one late charge may be made for any tardy cial institutions (such as centralized purchase money liens on real property installment. charge systems) which, although not a (this does not include other liens on real 6. The obligation may be paid in full at party to the original transaction, seek property and related obligations such as any time or through accelerated payments of assistance in the collection of debts. those which represent obligations for im­ any amount. There shall be no penalty for (b) In all loan and credit transactions provement or repair). prepayment and in the event of prepayment subject to this part, the military depart­ that portion of the finance charges which ment concerned will refer letters charg­ § 43.11 Responsibilities. have inured to the benefit of the seller or ing military members with indebtedness The Assistant Secretary of Defense creditor shall be prorated on the basis of (Manpower) shall be responsible for the the charges which would have been ratably through military channels to the debtor payable had finance charges been calculated only under the conditions set forth in administration of the provisions of this and payable as equal periodic payments over subparagraph (1) or (2) of this para­ part and assure its effective implementa­ the terms of the contract and only the pro­ graph. tion throughout the DoD. rated amount to the date of prepayment (1) Lenders and creditors completing § 43.12 Effective date. shall be due. As an alternative the “Rule Attachment A to this part , before execut­ of 78” may be applied, in which case its ing the loan or credit contract must sub­ (a) This part shall be published in the operation shall be explained in the contract. mit a copy of Part n (Full Disclosure) F ederal R egister and shall become 7. No charge shall be made for an insur­ effective July 1, 1966. Part 43, Title 32, ance premium or for finance charges for and Part III (Certificate of Compliance) such premium unless satisfactory evidence to the commanding officer of the military is hereby superseded as of that date and of a policy, or insurance certificate where member concerned or, if unknown, to reissued as provided herein. State insurance laws or regulations permit his military department for forwarding (b) As an exception, any debt com­ such certificates to be issued in lieu of a to the military member concerned. plaints received prior to August 1 which policy, reflecting such coverage has been de­ (2) Those not executing Attachment conform to the "collection procedures” livered to the debtor within 30 days after A to this part before consummating the and attachments of Part 43, Title 32, the specified date of delivery of the item will be processed. After that date, lend­ purchase or the signing of a cash loan loan or credit contract (or who are un­ agreement. able to produce a copy thereof signed by ers or creditors seeking assistance must comply with the terms of this part. 8. If the loan or contract agreement pro­ both parties) must submit an executed vides for payments in installments, each copy of Part II (Full Disclosure) and § 43.13 Implementation. payment, other than the down payment, shall Part III (Certificate of Compliance). be in equal or substantially equal amounts, Requests for assistance which fail to Within thirty (30) days of the date of and installments shall be successive and of meet these requirements and which are issuance the Secretaries of the military equal or substantially equal duration. not modified after the sender has been departments shall submit to the Assist­ 9. If the security for the debt is repos­ so notified, will not be acted upon. ant Secretary of Defense (Manpower) sessed and sold In order to satisfy or reduce (c) Those claims in which there is two copies of their implementing regula­ the debt, the repossession and resale will questionable compliance with these re­ tions. meet the following conditions: (a) The de­ Maurice W. R oche, faulting purchaser will be given advance quirements, or in which the cost of the written notice of the Intention to repossess; loan or credit, including all finance Director, Correspondence and (b) following repossession, the defaulting charges, although stated, appear exces­ Directives Division, OASD purchaser will be served a complete state­ sive or exorbitant, will be referred to the (Administration). ment of his obligations and adequate advance officer responsible for such consideration A t t a c h m e n t A notice of the sale; (c) he will be permitted and disposition as may be appropriate. to redeem the item by payment of the Before deciding on a proper course of PART I ----STANDARDS OP FAIRNESS amount due before the sale, or in lieu thereof action, the appropriate officer will give 1. No finance charge contracted for, made, submit a bid at the sale; (d) there will be a the creditor an opportunity to demon­ or received under any contract shall be in solicitation for a minimum of three sealed excess of the charge which could be made for bids unless sold at auction; (e) the party strate (I) that the finance charges con­ such contract under the law of the place in holding the security, and all agents thereof, form to the law of the State governing which the contract is signed by the service­ are ineligible to bid; (f) the defaulting pur­ the contract and (2) the extent to which man. In the event a contract is signed with chaser will be charged only those charges the finance charges and rates conform to a U.S. company in a foreign country the which are reasonably necessary for storage, the prevailing rates and charges for lowest interest rate of the State or States in reconditioning and resale and (g) he shall be similar consumer credit transactions. which the company is chartered or does busi­ provided a written detailed statement of his (d) Additionally, the fact that a par­ ness shall apply. obligations, if any, following the resale and ticular claim is exempt from the require­ 2. No contract or loan agreement shall pro­ promptly refunded any credit balance due vide for an attorney’s fee in the event of him, if any. ments of Full Disclosure and Standards default unless suit is filed in which event 10. The contract may be terminated at any of Fairness under paragraph (e) of this the fee provided in the contract shall not time before delivery of the goods or services section (e.g., an open-end or revolving exceed 10 percent of the obligation found without charge to the purchaser. However, charge account), does not foreclose the due. No attorney fees shall be authorized if if goods made to the special order of the right by the debtor to question service he is a salaried employee of the holder. purchaser result in preproduction costs, or charges and other finance charges and 3. In loan transactions, defenses which the require preparation for delivery, such ad­ to negotiate a fair and reasonable debtor may have against the original lender ditional costs will be listed in the order form settlement. or its agent shall be good against any sub­ sequent holder of the obligation. In credit or contract. No termination charge will be (e) The following types of debt com­ transactions, defenses against the seller or made in excess of this amount. Contracts plaints are not subject to the processing its agent shall be good against any sub­ for delivery at future intervals may be ter­ requirements of paragraph (b) of this sequent holder of the obligation provided minated as to the undelivered portion, and section; claims by accommodation en­ that the holder had actual knowledge of the the purchaser shall be chargeable only for defense or under conditions where reason­ that proportion of the total cost which the dorsers, comakers or lenders against the able inquiry would have apprised him of goods or services delivered bear to the total party primarily liable on obligations not this fact. goods and services called for by the contract.

FEDERAL REGISTER, VOL. 31, NO. 96— WEDNESDAY, MAY 18, 1966 7232 RULES AND REGULATIONS

PART n — FULL DISCLOSURE (4 above). Read across to find A copy of this form or its equivalent should be provided to the serviceman in advance of executing the contract, between which pair of columns and must be submitted with requests for debt processing assistance. the finance charge per hundred A. Identification Date:. (3 above) falls. Read up and find the approximate annual 1. Purpose ofloan or purchase: 2. Security for loan: percentage rate at the head of the pair of columns (percent) ______3. Borrower’s name and address: 4. Creditor’s n^me and address: or b. A more precise actuarial cal­ culation based on standard an­ nuity tables (percent)______5. Name and address of creditor (if known) to whom 6. Has creditor any financial ties with, or right of ♦For purposes of this calculation, it is the obligation is or will be payable, if other than recourse against seller in event of default? necessary to determine the number of equal above. monthly payments which would be required Yes □ No □ during the period of the contract, regardless of the actual repayment terms specified. Repayment terms if other than level monthly B. Contract termi payments:

1. Quoted cash price of goods or services, or total amount of cash advanced------~ $------2 Ancillary charges from which seller or lender receives no benefit, and which would be paid ' if this were a cash purchase: Taxes; auto license fees; filing or recording fees paid or payable PART I I I ----CERTIFICATE OF COMPLIANCE to a public official, etc.: (If Attachment A is executed before the obligation is incurred) I certify that (1) the Standards of Fair­ $______ness (Part I) have been applied to the loan or credit obligation to which this form refers, 3. Total cash delivered price, or total amount of credit extended (1+2)...... $------(2) a full disclosure of the terms of the _ _A _,__ j _ ».. ($______) obligation has been made by execution of m ^ ^ , j_A \ $______Part II or its equivalent, and (3) that a copy of this disclosure was furnished to the bor­ 6. Finance charges which benefit the seller or creditor, or entities in which either has an interest. These are charges which would not be made if this were a cash purchase: rower (or debtor), whose signature is also indicated below, before the obligation was incurred. c. Insurance premiums (life, disability, accident, health, other)------— —- (Signature of (Signature of $______borrower) creditor) 7. Total amount to be repaid, in accordance with terms of agreement (5+6)...... - ...... $------8 To be repaid in monthly installments, of $------each, with the first payment XXXXXX X (Date) X xxxxxx (If Attachment A is not executed before the 9 The finance charges expressed in approximate annual percentage rate (see reverse side and obligation was incurred) ’ Attachment B). All lenders and all sellers who regularly engage in credit sales must com- ...... % I certify that (1) the Standards of Fair­ ness (Part I) have been applied to the loan N ote: Explain on reverse side if amount is to be repaid in other than level monthly payments. or credit obligation to which this form refers and that the unpaid balance owing has been a. DoD annual rate table (At­ C. Calculation of approximate annual adjusted in accordance therewith as reflected percentage rate* tachment B). This table will give an approximate annual in an executed copy of Part II, or (2) that 1. Total finance charges (B.6)------$--- percentage rate based on the the Standards of Fairness were applied at 2. Total amount to be financed actuarial method. These ap­ the time the loan was made and no adjust­ (B .5 )______$— proximate rates will differ from ment is required in the transaction as indi­ 3. Finance charges per $100 financed precise calculations by no more (divide 1 above by 2 above and than % percent at the left end cated by the executed copy of Part II. multiply the result by $100) — $— of the table and not more than (Name of borrower) (Signature of 4. Number of monthly payments iy2 percent at the right end of ______creditor) (B .8 )------— the table. Read down the left 5. Determine annual percentage rate column of the table to the by using either: number of monthly payments (Date)

FEDERAL REGISTER, VOL. 31, NO. 96— WEDNESDAY, MAY 18, 1966 RULES AND REGULATIONS 7233

A t t a c h m e n t B

_ . TABLE FOR COMPUTING APPROXIMATE ANNUAL PERCENTAGE RATE FOR LEVEL MONTHLY PAYMENT PLANS Example; Finance charge=$38; Total amount to he financed=$250; Number of monthly payments=24. Solution: Step 1—Divide ^ efin m c e charge¡by;the total amount to be financed and multiply by $100. This gives the finance charge per $100 of amount to be financed. X licit IS, $ o8 _^$ 2 5 0 a $ a(K)=:$ 1 5 .2 0 . Step 2—Follow down the left hand column of the table to the line for 24 months. Follow across this line until you find the two numbers between which the finance charge of $15.20 foils. In this example $15.20 falls between $14.66 and $15.80. Reading up between the two columns of figures you will see that the annual percentage rate is 14 percent. For the purpose of this directive the annual percentage rate is the rate appearing at the head of the two columns between which the finance charge per $100 of total amount to be financed falls. (If the finance charge per hundred foils exactly on a tabular value the lower percentage rate may be used.) »

Approximate annual rate Number of level monthly payments; 5% 5'A% 6% 6Ji% 7% ,7A% ; 8% 9% 10% 11% 12% 13% 14% 15% 16% 18% : 20% 22% 24% 126% 28% ' 30% ' 33% 36%

(Finance charge per $100 of balanee to be financed) $0.40 $0.44 $0.48 50. 52 go: 56 gO. 60 $0.65 gO. 71 $0. 79 $0.88 $0.96 $1. 04 $1.12 $1.21 $1.29 $1.42 $1. 58 $1. 75 $1.92 $2. 08 $2. 25 $2.42 $2.62 $2.88 $3.12 .59 . 66 . 72 .78 .84 .91 .97 1.06 1.19 1.31 1.44 1.57 1.69 1.82 1.94 2.13 2.38 2.63 2.88 3.14 3.39 3.64 3.95 4.33 4 71 .79 . 88 . 96 1.04 1.13 1.21 1.29 1.42 1.59 1.76 1.92 2.09 2. 26 2.43 2.59 2.85 3.18 3. 52 3.86 4. 20 4.53 4.87 5.30 5. 80 6 31 .99 1.10 1.20 1.31 1.41 1.51 1.62 1.78 1.99 2.20 2.41 2.62 2.83 3.04 3. 25 3.57 3.99 4.41 4.84 5.28 5.69 6.11 6.65 7. 29 7.93 1.19 1.32 1.44 1.57 L69 1.82 1.95 2.13 2.39 2.64 2.89 3.15 3.40 3.65 3.91 4.29 4.80 5.31 5.82 6.34 6.85 7.37 8.01 8.79 9.57 1.39 1.54 1.68 1.83 1.98 2.13 2.27 2.49 2.79 3.08 3.38 3.68 3.97 4.27 4.57 5.02 5.61 6.21 6.81 7.42 8.02 8.63 9.39 10.30 11.22 1.59 1.76 1.93 2.09 2.26 2.43 2.60 2.85. 3.19 3.53 3.87 4.21 4.55 4.89 5. 23 5.75 6.43 7.12 7.81 8.51 9. 20 9.90 10.77 11.83 12 88 1.79 1.98 2.17 2.36 2.55 2.74 2.93 3.21 3.60 3.98 4.36 4. 74 5.13 5.51 5.90 6.48 7. 26 8. 03 8.82 9.60 10.39 11.18 12.17 13.36 14 57 1.99 2. 20 2.41 2.62 2.83 3.05 3.26 3.57 4.00 4.43 4.85 5. 28 5. 71 6.14 6.57 7.22 8. 08 8.95 9.83 10.70 11. 58 12.47 13.58 14.92 16 27 2.19 2.42 2.65 2.89 3.12 3.35 3.59 3.94 4.41 4.88 5.35 5.82 6.29 6.77 7.24 7.96 8.91 9.88 10.84 11.81 12.79 13.77 15.00 16.48 17 98 2.39 2.64 2.90 3.15 3.41 3.66 3.92 4.30 4.81 5.33 5.84 6.36 6.88 7.40 7.92 8.70 9. 75 10.80 II. 86 12.93 14. 00 15.08 16. 43 18.06 19. 71 2.59 2.87 3.14 3.42 3.69 3.97 4.25 4.66 5.22 5.78 6.34 6.90 7.46 8.03 8. 59 9.45 10. 59 11.74 12.89 14.05 15.22 16.40 17.87 19.66 21.46 2.79 3.•9? ?• 22 3-88 3- 98 4 28 4 58 6-03 6- 63 6.23 6.84 7.44 8.05 8.66 9.27 10. 20 11.43 12.67 13.93 15.18 16.45 17. 72 19 33 21 26 23 22 2.99 3131 3.63 3.95 4.27 4.59 4.91 5.39 6.04 6.69 7.34 7.99 8.64 9.30 9.96 10.95 12.28 13.62 14.97 16.32 17 69 19 06 20 79 22 88 25 00 a 20 a,54 3.88 4.22 4.56 4.90 5.24 5.76 6.45 7.14 7.84 8.53 9.23 9.94 10,64 11.71 13.13 i t 57 13 01 l?! 47 18 93 2ft 41 27 2 4 K 23 79 3.40 a 4 42 448 f-f® 5.58 6.13 6.86 7.60 8.34 9.08,9.83 10.58 11.33 12.46 13.99 15.52 17.06 18.62 20.19 21.76 23.75 26.16 28 60 3.60 a•9? i t ? i m t ' i t t ’t? S’!? Z’ZZ S’°S 8 84 9-63 10.43 11.22 12.02 13.23 14.85 16.48 18.12 19.78 21.45 23.13 25.25 27.82 30 42 3.80 4. 21 4.61 5.02 5.43 5.84 6.25 6.86 7.69 8.52 9.35 10.19 11.03 11.87 12.72 13.99 15.71 17.44 19.19 20.95 22.72 24.51 26.76 29.50 32.26 4.01 4. I! t ’88 t’ Z! S’Z2 H U S'58 Z’23 8- 10 8 98 9- 86 IO. 74 11.63 12.52 13.41 14.76 16. 58 18.41 20.26 22.12 24. 00 25.89 28. 28 31 18 34 1 2 4.21 4 66 5.11 5. 56 6.01 6.46 6.92 7.60 8.52 9.44 10.37 11.30 12.23 13.17 14.11 15.54 17.45 19.38 21 33 23 30 25 28 27 29 29 81 32 88 35 Qq 4.41 4. 88 5 35 5.83 6.30 6.78 7.26 7.97 8.94 9.90 10.88 11.85 12.84 13.82 14.82 16.31 13 33 20.36 22.41 24 49 25 88 28 69 3l! 36 M.W f t “

4.62 5. 11 5. 60 6.10 6 89 Z’ 99 1 5? §’33 9-38 lft 3Z 14 39 12- 41 13-44 14■ 48 15. 52 17. 09 19. 21 21.34 23 50 25.68 27.88 30.10 32.91 30.32 39 78 4.82 5. 33 5. 85 6.37 6 89 7.41 7.93 8.72 9. 77 10.84 11.90 12.97 14.05 15.14 16. 23 17.88 20. 09 22.33 24.60 26.88 29.19 31.53 34.48 38.06 41 70 5.02 5 56 5 10 6.64 7, 18 7.73 8.27 9. 09 10.19 11.30 12.42 13. 54 14.66 15.80 16.94 18.66 20.98 23.33 25. 79 28.09 30.51 32 96 36.05 39.81 43.63 5.23 79 6. 35 6.91 7. 48 8-94 8.61 9.47 10.62 11.77 12 93 14 10 15. 28 15 46 17.65 19.45 21.87 24.32 26.80 29.31 31.84 34 40 37.64 41 58 45 58 5.43 01 6. 60 7.18 7. 77 O to A St S’ S4 i f 04 12- 24 13- 45 14.67 15.89 17.13 18.37 20. 24 22. 77 25.33 27.91 30.53 33.18 35.85 39. 23 43 36 47 54 5.64 24 6 85 7.46 8. 07 8.68 9. 29 15 22 II. 46 12 71 13.97 15. 24 16.51 17.80 19. 09 21. 04 23.67 26.34 29.30 31. 76 3 4 52 37.31 40.84 45.15 45 52 5.84 6. 47 7. 10 7.73 & 38 £ 2 2 9.64 10.60 11.89 13.18 14 49 15.81 17.13 18.47 19.81 21.84 24. 58 27.35 3 5 15 33. 00 35.87 38. 78 42 46 45 95 51 51 505 5 70 7. 35 8.00 8. 66 9.32 9.98 10. 97 12 31 13. 66 15. 01 16. 38 17.75 19.14 20.53 22.64 25.49 28.37 31.28 34.24 37. 23 40. 26 44.09 48.77 53 52 5 25 6. 92 7. 60 8.28 8.1.96 9. 64 10.32 11.35* 12 H 74 i tx 1413 1» 15. t t 54KA 13X * 95 18.38 » « 19.81 *>* *“ 21. —26 — 23.45 — 26.40 —o 29! 39 — 32 42 35! 49 38. i “ 41,75 45.73 «0.00 5554 6.46 7. 15 7. 85 8.55 9. 28 ,9. 96 10. 67 11.73 13.1714 61 15 06 17.53 19.00 20.49 21.99 24. 26 27.32 35 42 33 56 35 75 39. 97 43 34 47.38 52 44 57 53 6.66 7. 38 3 10 8.82 9. £5 15 28 11.01 1211 13 59 15. 09 15 59 13 11 19.63 21.17 22 72 25 07' 28. 24 31.45 34. 71 38. 01 41.36 44. 75 49 05 54 29 69 60 6.87 7. 61 8.35 9.10 9, 85 10.60 11.36 12 49 14 02 15.5717.12 18.69 20.26 21.85 23 46 25.88 29.16 32.49 35.86 39. 28 42 75 46.26 50 72 56 16 61 78 7.08 7. 84 8. 61 9.37 10. i t i?'S? i 4 Z° 12' 88 14 45 16- 05 17.65 19.27 20.90 22 54 24 19 25 70 30.09 33.53 37.02 40.56 44.15 47.79 52 40 58 04 63 7S 7.28 8. 07 8. 86 9.65 10. 48 ì i ’ ZS ÌZ’ 26 14’89 1& 63 18- 18 19-85 24 53 23. 23 24.94 27.52 31.02 34. 58 33 18 41.84 45 56 49 32 54 09 59 93 65 87 7.49 8. 30 9. 11 9.93 10. 75 11.57 12 40 13.64 15.32 17.01 13 71 20.43 22.17 23.92 25.68 28.35 31.96 35 63 39.35 43.14 46.97 55 86 55 80 « t i 62 98 7.70 53 9. 37 10. 20 II. 05 II. 89 ìo Z£ Ì Ì 5? Ì H I JZ’ *S’ Z£ 24 02 IS 81 24161 26142 29-18 32.90 36. 69 40. 53 44 43 48.39 52 41 57.51 63 75 70.11 7.91 76 9. 62 10.48 11. 35 12 22 13. 09 14.41 16.19 17.98 19. 78 21.61 23.45 25 30 27.17 30. 01 33.85 37.75 41.71 45.74 4ft 82 53 97 59 24 65 68 79 9

N ote: The values in this table have been computed by the actuarial or annuity method which conforms to the U.S. Rule. [F.R. Doc. 66-5293; Filed, May 17,1966; 8:45 a.m.J

FEDERAL REGISTER, VOL. 31, NO. 96— WEDNESDAY, MAY 18, 1966 7234 RULES AND REGULATIONS

SUBCHAPTER E— SUPPLY AND PROCUREMENT volume procurement of sedans and sta­ Title 41— PUBLIC CONTRACTS tion wagons set forth in Federal Stand­ PART 101-26— PROCUREMENT ard No. 122 based on purchase authori­ AND PROPERTY MANAGEMENT SOURCES AND PROGRAMS ties submitted as early as practicable Motor Vehicle Requisitioning and after July 1 but not later than October 15. Similarly, a volume procurement of Chapter 101— Federal Property Delivery Schedule light trucks covered by Federal Stand­ Management Regulations Subpart 101-26 is revised to reflect ard No. 122 will be made on the basis modifications in the GSA motor vehicle of purchase authorities received as early SUBCHAPTER D— PUBLIC BUILDINGS AND procurement program. These modifi­ ■as practicable after the beginning of the SPACE cations remove the weight limitation on fiscal year but not later than August PART 101-19— MANAGEMENT OF trucks, increase the payload limit on 15. To obtain greatest possible savings, trailers, and delete motorcycles and mo­ approximately 75 percent of an agency’s BUILDINGS AND GROUNDS tor scooters; establish a new schedule for total annual requirements for these ve­ Subpart 101—19.3— Conduct on the submission of requirements for vol­ hicle types should be included in these ume procurements; and revise the de­ procurements. Federal Property livery schedule for vehicles procured un­ (2) A second volume procurement of P ublic Buildings and G rounds der monthly and volume consolidated trucks covered under Federal Standard purchases. No. 122 will be made based on require­ 1. Section 101-19.300 is amended to The table of contents of Part 101-26 ments submitted after August 15 but no include minor editorial changes. As is amended by revising the caption of later than December 31. revised, the section reads as follows: § 101-26.4902-1781 to read as follows: (3) Additional annual volume pro­ § 101-19.300 General. Sec. curements will be made to cover, insofar 101-26.4902-1781 GSA Form 1781, Motor as practicable, the balance of agency These rules and regulations apply to Vehicle Requisition— total requirements for passenger vehicles all Federal property under the charge Delivery O r d e r — In­ and trucks under Federal Standard No. and control of the General Services voice. 122 not included in earlier volume pro­ Administration and to all persons enter­ curements. These procurements will be Au thority : The provisions of this Part ing in or on such property. Unless 101-26 issued under sec. 205(c), 63 Stat. based on purchase authorities submitted otherwise stated herein, Federal prop­ 390; 40U.S.C. 486(c). as early as practicable but not later than erty under the charge and control of the March 15 for passenger vehicles and General Services Administration is re­ Subpart 101—26.5— GSA April 15 for trucks. ferred to as “property,” and “public Procurement Programs (4) Agency requirements for those space” means the General Services categories of vehicles covered by Federal Administration controlled entrances, Sections 101-26.501-1, 101-26.501-2, Standard No. 122 which cannot be sub­ lobbies, foyers, corridors, and audito­ 101-26.501-3, 101-26.501-4, and 101- mitted in accordance with § 101-26.501-2 riums when used for public meetings. 26.501-5 are revised to read as follows: (c) (1), (2), and (3) due to operating It is the responsibility of the occupant § 101—26.501—1 Applicability. needs, budgetary considerations, or other agencies to require observance of these factors will be received and consoli­ rules and regulations by their employees. (a) All executive agencies, except thedated on a monthly basis in accordance Department of Defense, shall submit to with § 101-26.501-4 (b). 2. Section 101-19.301 is revised to GSA for procurement their requirements (5) Agency requirements for sedans, provide for the closing of buildings to for new passenger and freight carrying station wagons, and light trucks not cov­ the public when it is in the public inter­ motor vehicles to be purchased in the ered by Federal Standard No. 122 will be est to do so and in the event of emergen­ United States^ Specifically included are consolidated on a monthly basis in con­ cies. As revised, the section reads as sedans, station wagons, carryalls, ambu­ sonance with § 101-26.501-4(b). Pur­ follows: lances, buses, trucks, and trailers of not chase authorities for vehicles in this § 101—19.301 Recording presence. less than 5,000 pounds and not more than category shall be accompanied by a Except as otherwise ordered, property 50,000 pounds payload. waiver from the standard approved by shall be closed to the public after nor­ * * * * the Commissioner, Federal Supply Serv­ mal working hours. Properties shall also § 101—26.501—2 Consolidated purchases ice, or by a justification supporting each be closed to the public in emergency situ­ program. deviation from the standard and the rea­ ations and at such other times as may be sons why the standard vehicle types will (a) General. Continuing study by not provide adequate service for the In­ necessary for the orderly conduct of the GSA reveals that the lowest prices can tended use. Where possible, require­ Government’s business. Admission to be obtained when (1) vehicle types ments for all vehicle types listed in properties during periods when such which will provide adequate service for § 101-26.501-4 (b) (i), (ii), (iii), and properties are closed to the public will be the intended use are standardized, (2) (iv) should be submitted as early as limited to authorized individuals who agency requirements for these vehicle practicable in the fiscal year by the 20th types are consolidated, insofar as pos­ or last day of the month as appropriate. may be required to sign the register and/ sible, and (3) volume procurements are or display identification documents when made twice a year for sedans and station § 101—26.501—3 Submission of pur­ requested by the guard, watchman, or wagons and three times a year for light chase authorities. other authorized individuals. trucks. (a) Purchase authorities shall be sub­ (40 U.S.C. 318; sec. 205(c), 63 Stat. 390; 40 * * * * * mitted to the General Services Admin­ U.S.C. 486(c)) (c) Consolidation of agency require­istration, Federal Supply Service, Office of Procurement, Procurement Opera­ Effective date. This regulation is ef­ ments. (1) In addition to the economies achieved as a result of vehicle stand­ tions Division, Washington, D.C., 20406, fective upon publication in the F ederal and must contain consignment and R egister. ardization, experience has shown that prices offered to the Government on shipping instructions and names and Dated: May 11,1966. sedans and station wagons are lowest addresses of persons to receive purchase during the latter part of the calendar documents if different from consignees. Lawson B. K nott, Jr., year when delivery is to be provided * * * * * Administrator of General Services. during the early part of the next cal­ (c) GSA Form 1781, Motor Vehicle [F.R. Doc. 66-5395; Filed, May 17, 1966; endar year. To achieve maximum bene­ Requisition—Delivery O r d e r —Invoice 8:48 a.m.] fit from this situation, GSA will make a (illustrated at § 101-26.4902-1781) has

FEDERAL REGISTER, VOL. 31, NO. 96— WEDNESDAY, MAY 18, 1966 RULES AND REGULATIONS 7235 been specifically Resigned for agency use T ime Schedule Effective date. These regulations are to expedite ordering of vehicles covered effective upon publication in the F ederal by Federal Standard No. 122. The form Vehicle category Monthly consoli- R egister. datiori date also is used by GSA as a purchase order Dated ¡ May 11,1966. and an interagency invoice and by the (i) Sedans; station wagons; arid 10th of each J. E. M oody, consignee as a receiving report. trucks of types covered by month. * * * Federal Standard No. 122. Acting Administrator (ii) Passenger carrying vehicles; 20th of each of General Services. (2) Agencies are requested to use the light trucks of types not covered month. GSA Form 1781, Motor Vehicle Requisi­ by Federal Standard No. 122; [F.R. Doc. 66-5406; Filed, May 17, 1966; tion—Delivery Order—Invoice, as a and ambulances. 8:48 a.m.] (iii) Buses; trucks (other than Last day of each “single-line-item requisition” for stand­ light trucks in category (ii) month. ard-type vehicles. Submission of GSA above), and trailers of not less than 5,000 lbs. and not more Form 1781, properly completed, will sat­ than 50,000 lbs. isfy the requirements regarding sub­ (iv) All other categories and types. Last day of each Title 47— TELECOMMUNICATION of vehicles. month except mission of purchase authorities as set June. forth in § 101-26.501-3 (a). If it is not Chapter I— Federal Communications feasible to accomplish the GSA Form * * * * * Commission 1781 as a purchase authority, agencies [Docket No. 16122; FCC 66-421] may prepare the form as an attachment § 101—26.501—5 Delivery of vehicles. codesheet, identifying each line item on (a) Monthly consolidated purchases. PART 2— FREQUENCY ALLOCATIONS their purchase authorities. Whether ac­ (1) Bid opening dates normally will be AND RADIO TREATY MATTERS; complished as a purchase authority, or from 30 to 40 days after the dates shown GENERAL RULES AND REGULA­ attachment thereto, the GSA Form 1781 in § 101-26.501-4. Delivery will nor­ TIONS permits agencies to eliminate lengthy mally range from approximately 120 to vehicle descriptions. Instructions for 180 days after the bid opening date de­ PART 91 — INDUSTRIAL RADIO preparation of GSA Form 1781 are pending on the type of vehicle. SERVICES printed on the reverse of the form. * * * * * * * * * * PART 95— CITIZENS RADIO (b) Volume consolidated purchases. SERVICE § 101—26.501—4 Procurem ent time (1) Bids will be opened at a date to schedules. permit awards to be made for delivery of Miscellaneous Amendments vehicles on the following schedule based (a) Volume consolidated purchases. 1. The Commission adopted a notice Purchase authorities covering vehicle on the types and cutoff dates established in § 101-26.501-4: of proposed rule making in the above- types included in Federal Standard No. entitled matter on July 21, 1965, which 122 received within the time frames Cutoff date Delivery was published in the F ederal R egister specified in § 101-26.501-2(c) will be con­ Passenger vehicles: on July 29, 1965 (30 F.R. 9493). Inter­ solidated for volume procurement on the Oct. 15______February, March, and ested parties were invited to file com­ dates shown in the time schedule below April. ments on or before October 1,1965, and in this § 101-26.501-4(a) unless a state­ Mar. 15_____ .-_July and August. reply comments on or before October 15, ment justifying the need for earlier Trucks: Aug. 15------December, January, and 1965. The time for filing reply com­ delivery is included. Purchase authori­ February. > ments was subsequently extended to No­ ties containing such statement of justifi­ Dec. 31______April, May, and June. vember 15, 1965. The order extending cation will be handled on a monthly basis Apr. 15______July and August. the reply comments was published in the in accordance with paragraph (b) or (c) * * * * * F ederal R egister on October 21, 1965 of this § 101-26.501-4, depending on the (30 F.R. 13382). Thèse dates have all urgency contained in the justification. Subpart 101—26.49— Illustrations of expired. T ime Schedule Forms 2. The Notice proposed to make the Subpart 101-26.49 is revised to pro­ frequencies 72.08 Mc/s, 72.24 Mc/s, 72.40 Volume consolida­ vide in § 101-26.4902 information con­ Mc/s, 72.96 Mc/s, and 75.64 Mc/s avail­ tion dates able to stations in the Citizens Radio cerning the availability of GSA forms and Vehicle category Service for model aircraft control on a Passen­ to reflect in § 101-26.4902-1781 a modifi­ shared basis with operational fixed sta­ ger ve­ Trucks cation to GSA Form 1781 as follows: tions in the various land mobile radio hicles services and mobile stations in the Man­ § 101-26.4902 GSA forms. ufacturers Radio Service. Sedans; station wagons; and trucks ’Oct. 15 Aug. 15 of types covered by Federal Stand­ Mar. 15 Dec. 31 (a) The GSA forms are illustrated in 3. Formal comments were submitted ard No. 122. Apr. 15 this § 101-26.4902 to show their text, by the following: format, and arrangement and to pro­ Academy of Model Aeronautics (AMA). (b) Monthly consolidated purchase. Aerospace Flight Test Radio Coordinating (1) Requirements for vehicles not in­ vide a ready source of reference. The Council (AFTRCC). cluded in volume procurements must be subsection numbers in this Section cor­ Central Committee on Communication Facil­ received by GSA for consolidation by the respond with the GSA form numbers. ities of the American Petroleum Institute (hereinafter referred to as the Central dates indicated in the schedule set forth (b) GSA forms illustrated in this Committee). below in this § 101-26.501-4 (b) (1). Re­ § 101-26.4902 may be obtained by Federal Association of Maximum Service Telecasters, quirements received after these dates will agencies from General Services Adminis­ Inc. (AMST). be carried over to the following month’s ZHF Electronics. purchase. In the interest of timely and tration Region 3, Office of Regional Man­ National Committee for Utilities Radio orderly preparation of invitations for power and Administration, OFA, Print­ (NCUR). bids, ordering agencies are urged to sub­ ing and Publications Division—3 BRD, Motorola, Inc. (Motorola). mit each requirement as soon as finalized Washington, D.C., 20407, unless otherwise Approximately 33 informal comments in rather than hold for submission with provided in the section prescribing the the form of single page letters were sub­ later requirements. Such requisitions forms. mitted by aircraft modeler clubs which need not specify a delivery date since endorsed the Commission’s proposal. delivery will be in accordance with de­ No te: The form in § 101-26.4902-1781 is Motorola and NCUR were the only en­ livery schedule shown in § 101-26.501-5. filed as part of the original document. The tities outrightly opposing the rule mak­ Requests for special handling of other August 1964 and prior editions of this form are obsolete. ing. The Academy of Model Aeronau­ than strictly emergency requirements tics, the petitioners in this proceeding, shall not be submitted. (Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c)) submitted the only reply comment. All

FEDERAL REGISTER, VOL. 31, NO. 96— WEDNESDAY, MAY 18, 1966 No. 96 4 7236 RULES AND REGULATIONS these have been considered by the Com­ that inasmuch as the Commission’s no­ interference and. disruption of service to mission in arriving at the conclusions set tice provided for adequate protection to stations in the Manufacturers and Power forth below. television, including, if necessary, a Radio Services, respectively, from mod­ 4. AFTRCC filed comments which did complete cessation of operations if inter­ elers’ operations, their comments do not not oppose the Commission’s Notice, but ference to television is caused, the asso­ contain any specific showing or data requested that the rule making be ex­ ciation has no objection to the use of to document the alleged interference panded to allow use to be made of the frequencies in the 72-76 Mc/s band for problems or disruption of service. Un­ frequencies involved for the control of the control of model airplanes. der the technical and operational condi­ steerable parachutes in a fashion which 7. In a letter filed by ZHF Electronics, tions set forth in the notice, under which would further the development of tech­ it was alleged that the Commission is the proposed five frequencies would be niques for controlling parachutes which proposing to make available additional made available for radio control of model are normally dropped from a height of radio channels to people who are not aircraft, it is believed that there will not 2,000 to 3,000 feet with attached cargo. eligible to use them. In support of its be any substantial interference to sta­ The program is presently conducted in position, ZHF Electronics argues that by tions in the Manufacturers and Power the 27 Mc/s band, but is experiencing a the amendments adopted effective April Radio Services. Moreover, the modelers significant amount of interference. The 26,1965, in the proceedings in Docket No. have expressed a willingness to take any Commission does not underestimate the 14843 (30 F.R. 2706), and especially precautions necessary to avoid possible importance of the developmental pro­ § 95.83 Prohibited uses, the Commission interference areas, since, if interference gram being conducted by AFTRCC, nor prohibited the operation of a citizens exists, it may be experienced by the the indicated interference relief sought. radio station as a “hobby.” ZHF’s ques­ modelers as well, resulting in a possible However, the feasibility of utilizing the tion has been decided by the Commission crash of an expensive in-flight model subject frequencies, in the manner pro­ on many occasions. The Commission has aircraft. The Academy, due to its con­ posed by AFTRCC, is beyond the scope always distinguished between the opera­ cern of possible interference to certain of this proceeding and will not be con­ tion of a citizens radio station as a hobby critical uses of the proposed frequencies sidered herein. in and of itself, which is prohibited, and in manufacturing operations, met with 5. The Central Committee recognized the operation of the citizens radio sta­ NAM and voluntarily agreed to accept the interference difficulties which have tion as a communications tool in the an additional non-interference condition disrupted model aircraft radio control on furtherance of some other hobby, which to the use of the subject frequencies for currently available frequencies, but sug­ is permitted (see paragraph (5) of the remote control of industrial ^equipment. gested. that use of the specified 72-76 Commission’s Memorandum Opinion and Such a safeguard offered by the Academy Mc/s channels might be avoided by an Order (FCC 60-515) in Docket No. should serve to allay Motorola’s fears of appropriate frequency exchange between 12987). Here the primary object is the potential interference to stations oper­ Class C and D Citizens Radio Service flying of model aircraft and the use of ating in the Manufacturers Radio allocations. If this were not possible, •citizens radio stations for this purpose Service. perhaps stricter enforcement of the rules is clearly permissible. Such use is the 11. In considering the specific point governing the Class D and Part 15 one same as communications for other raised by NCUR * * * that the opera­ hundred milliwatt operation might cor­ hobbies such as hunting, fishing or tional technique (tone and/or on-off rect the situation. However, the com­ boating. keying of the unmodulated carrier) em­ mittee indicated that if the exchange of 8. Motorola protested the Commis­ ployed by the modelers for controlling frequencies and/or enforcement sug­ sion’s proposal to make available the fre­ the in-flight aircraft would disrupt gestion do not offer a practical solution quencies 72.08 Mc/s, 72.24 Mc/s, and established repeater/control systems to the interference difficulties faced by 72.40 Mc/s, respectively, for model air­ * * *, the Commission feels as does the the modelers, they do not raise any oppo­ craft control stations in the Citizens Academy, that a coded receiver of rea­ sition to the use of the five frequencies Radio Service on a shared basis with sonable quality should easily reject a selected provided the stringent terms operational fixed stations in the various signal resulting from either a few hun­ specified in the Commission’s proposal land mobile radio services and mobile dred-cycle modulated tone, or from the are followed. The Commission appre­ stations in the Manufacturers Radio on-off keying of an unmodulated one- ciates the cooperative attitude shown by Service, arguing that sharing of these watt input transmitter. Such are the the Central Committee and desires to frequencies poses dangerous interference two modes of operation usually employed point out that the potential disruption of possibilities.- Additional objection is by the modelers’ control transmitters. service which might be caused to CJass C taken on the grounds that the assign­ Considering the magnitude of the differ­ and D Citizens Radio Service operations, ment of any frequency in the 72-76 Mc/s ence in the amount of transmitter input plus the economic burden that would be band to uses such as that proposed does power, one watt for the modelers’ trans­ imposed, present sufficient reasons for not appear to be in the public interest, mitters as contrasted to 500 watts nor­ determining that an exchange of fre­ when alternative uses of the frequencies mally permitted for fixed users on these quencies between the Class C and Class D would afford greater safety and economic subject frequencies, it is not likely that licensees is not feasible. More impor­ benefit to the general public. a modeler’s control signal, while it tantly, as requested by AMA and as 9. NCUR contends that the proposed might trigger an uncoded Power Radio pointed out in the Notice, “the particular rule making would," “contribute to the Service receiver, would cause intolerable frequencies were selected to provide from further degradàtion of the valuable 72- interference. In any event, this rule 120-160 kc/s separation between assign­ 76 Mc/s band by what is, at best, a low- making is premised to a great extent able frequencies and at least one with a priority hobby use of the radio spec­ on the fact that the very nature and lo­ separation of one megacycle or more to trum”. NCUR further stated that, cations of fixed .operations and that of permit simultaneous operation of more “* * * fixed relay and control stations the modelers are such as to render their than one aircraft at meets.” The limited in the Power Radio Service operating in mutual use of the subject frequencies frequency separation in the Class D Citi­ the 72-76 Mc/s band utilize very sensi­ compatible, Because of the propagation zens band would not satisfactorily sup­ tive receivers; many of these stations characteristics of frequencies in the 72- port simultaneous control functions on are located on hilltops and could possibly 76 Mc/s band and the minimum input more than one frequency in any given be ‘triggered’ by signals received from signal level (approximately 31 d.b.u.) area. In regard to stricter enforcement a low power transmitter operating on one needed to override the noise level of re­ policies, experience has shown that the watt of power as proposed by the model­ ceivers designed to operate in this band, answer to maximum and efficient spec­ ers.” It is also believed by NCUR that a transmitter with a power limitation trum utilization does not rest solely in aircraft transmitters employing many of one watt input would cause harmful tighter enforcement, but also in the pub­ tones could cause havoc to established interference to fixed operations at a lic’s willingness to comply voluntarily control/repeater systems, even if these sight range distance of 10 miles, as pro­ with the permissible communication re­ systems were equipped with a selective posed by NCUR, only in those cases where quirements. tone feature. the fixed station is located at a height of 6. AMST adopted a neutral attitude 10. Although Motorola and NCUR in­ 500 feet above average terrain. How­ toward the proposal stating, in effect, dicate the possible occurrence of harmful ever, the modeler for the most part, flies

FEDERAL REGISTER, VOL. 31, NO. 96— WEDNESDAY, MAY 18, 1966 RULES AND REGULATIONS 7237 his aircraft in locations removed from sion signals is impaired or destroyed, regard­ 4. Section 95.37(d) is added to read buildings, tall structures and mountain­ less of the strength of the television signals as follows: ous terrain. Aside from this, the mod­ or the distance to the television station. * * * * * § 95.37 Limitations on antenna struc­ eler normally operates at ground level tures. while controlling his model airplane, II. Part 91 is amended as follows: therefore, his transmitter signal atten­ In § 91.730, paragraph (a) is amended ***** uates rapidly with distance over the to add the limitation number 13 in the (d) Class C stations operated on fre­ ground. For these reasons plus the fact third column opposite the frequencies quencies in the 72-76 Mc/s band shall that currently very light use of the five 72.08, 72.24, and 72.40 Mc/s, and new employ a transmitting antenna which frequencies proposed is being made by paragraph (b) (13) is added, to read as complies with all of the following: licensees in the Power Radio Service, the follows: (1) The gain of the antenna shall not Commission does not feel that use of the exceed that of a half-wave dipole; frequencies by the modelers would se­ § 91.730 Frequencies available. (2) The antenna shall be immediately riously degrade existing Power Radio * * * * * attached to, and an integral part of, the Service operations. (b) * -* * transmitter; and 12. For the foregoing reasons and for (13) This frequency is shared with (3) Only vertical polarization shall be the further reason that the Academy has Class C stations in the Citizens Radio used. voluntarily consented to: (a) Publish Service which are used solely for the 5. Section 95.41(c) is amended to read in their monthly journal the location of radio control of model aircraft. as follows: manufacturing plant areas to be avoided III. Part 95 is amended as follows: by modelers and, (b) publish warnings 1. In § 95.3(b) the definition for Class § 95.41 Frequencies available. to model flyers about areas containing ***** NCUR transmitters, if such information C station is amended to read as follows: is furnished the Academy by the latter § 95.3 Definitions. (c) Class C mobile stations may em­ organization, the Commission believes * * * * * ploy only amplitude tone modulation or that the shared use of the frequencies (b) * * * on-off keying of the unmodulated carrier, 72.08 Mc/s, 72.24 Mc/s, 72.40 Mc/s, 72.96 Class C Station. A station in the on a shared basis with other stations in Mc/s, 75.64 Mc/s by the modelers and Citizens Radio Service licensed to be the Citizens Radio Service on the fre­ Manufacturers and Power Radio Serv­ operated on an authorized frequency in quencies and under the conditions speci­ ices licensees is compatible and that the the 26.96-27.23 Mc/s band, or on the fied in the following tables:. adoption of the proposals set forth in frequency 27.255 Mc/s, for the control (1) For the control of remote objects the Notice would promote greater and of remote objects or devices by radio, or or devices by radio, or for the remote more efficient utilization of the subject for the remote actuation of devices which actuation of devices which are used solely frequencies. are used solely as a means of attracting as a means of attracting attention and 13. It should be noted that the re­ attention, or on an authorized frequency subject to no protection from interfer­ ceiver used in the radio control of model in the 72-76 Mc/s band for the control ence due to the operation of industrial, aircraft, when conducted in the 72-76 of model aircraft only. scientific, or medical devices within the Mc/s band, is subject to receiver radia­ 26.96-27.28 Mc/s band, the following fre­ tion requirements of Part 15 of the Com­ 2. Section 95.5(d) is added to read as quencies aré available: follows: mission’s rules. Mc/s Mc/s Mc/s 14. Therefore, pursuant to authority § 95.5 Policy governing the assignment 26.995 27.095 27.195 contained in sections 4(i) and 303 of of frequencies. 27.045 27.145 127.255 the Communications Act of 1934, as * * * , * * 1 The frequencyv27.255 Mc/s also is shared amended, It is ordered, That effective with stations in other services. June 20, 1966, Parts 2, 91, and 95 of the (d) Simultaneous operation on more Commission’s rules are amended in the than one frequency in the 72-76 Mc/s (2) Solely for the radio control of manner set forth below. It is further band by a transmitter or transmitters of model aircraft and subject to the condi­ ordered, That the proceedings in Docket a single licensee is prohibited whenever tions (i) that interference will not be No. 16122 are hereby terminated. such operation will cause harmful inter­ caused to the remote control of indus­ ference to the operation of other li­ trial equipment operating on the same Adopted: May 11,1966. censees in this service. or adjacent frequencies and to the re­ Released: May 12,1966. ception of television transmissions on 3. Section 95.35(c) is amended to read Channels 4 or 5 and (ii) that no protec­ F ederal Communications as follows: Commission,1 tion will be afforded from interference [seal] B en F. W aple, § 95.35 Changes in authorized stations. due to the operation of fixed and mobile Secretary. stations in other services assigned to the ***** same or adjacent frequencies in the I. Part 2 is amended as follows: (c) Proposed changes which will not band, the following frequences are In §2.106, a new footnote (NG56), is depart from any of the terms of the available. added in Column 7 for the frequency outstanding authorization for the sta­ tion involved may be made without prior Mc/s Mc/s Mc/s bands 72-73 and 75.4-76 Mc/s; and a 72.08 72.40 75.64 new footnote NG56 is added to the table Commission approval. Included in such 72.24 72.96 to read as follows: changes is the substitution of various makes or transmitting equipment at any * * * - * * § 2.106 Table of frequency allocations. station, provided that the particular 6. In § 95.43, footnote 1 to the table is * * * * * equipment to be installed is included in amended to read as follows: NG56 The frequencies 72.08, 72.24, 72.40, the Commission’s “Radio Equipment 72.96, and 75.64 Mc/s may be authorized for List, Part C” and is listed as acceptable § 95.43 Station power. low-powered (1 watt input) mobile opera­ for use under this part or, in the case ***** tions in the Citizens Radio Service subject of a Class C or Class D station using to the condition that interference will not crystal control on authorized frequencies 1 On 27.255 Mc/s the average power be caused to remote control of industrial permitted for Class C stations shall not equipment operating on the same or adjacent in the 26.96-27.26 Mc/s band, the sub­ frequencies and to the reception of television stitute equipment is crystal controlled; exceed 30 watts input and 24 watts out­ stations operating on Channels 4 or 5. TV and further provided the substitute put. On frequencies in the 72-76 Mc/s interference shall be considered to occur equipment employs the same type of band the average power for Class C sta­ whenever reception of regularly used televi- emission and does not exceed the fre­ tions shall not exceed 1 watt input and quency tolerance and power limitation 1 Commissioner Cox absent and Commis­ prescribed for the particular class of sta­ 0.75 watt output. sioners Loevinger and Wadsworth dissenting. tion involved. *****

FEDERAL REGISTER, VOL. 31, NO. 96— WEDNESDAY, MAY 18, 1966 7238 RULES AND REGULATIONS 7. In § 95.45, footnote 1 to the table is data required under Subpart F of Part jectionable second-adjacent channel in­ amended to read as follows: 2 ¿of this chapter for type acceptance, terference to reception of WRFD-FM at shall, if not on file with the Commission, Lima (some 25 miles west of Kenton) or § 95.45 Frequency tolerance. accompany the application for station at Marion (some 25 miles east of Ken­ * * * * ♦ license. ton) . Under the plan at that time, Sta­ 1 Class C stations operating on author­ (Sec. 4, 48 Stat. 1066, as amended; 47 U.S.C. tion WMRN-FM, Marion, was to receive ized frequencies between 26.99 and 27.66 154. Interprets or applies sec. 308, 48 Stat. emergency information from WRFD- Mc/s with 3 watts or less power input 1082, as amended; 47 U.S.C. 303) FM. Kenton is about 45 miles north­ which are used solely for the control of. [F.R. Doc. 66-5435; Filed, May 17, 1966; west, and Marion about 30 miles north, remote objects or devices by radio (other 8:52 a.m.] of WRFD-FM. than devices used solely as a means of 3. Operating with facilities of 185 kw attracting attention! are permitted a E.RP. and antenna height of 570 feet frequency tolerance of 0.01 percent. [Docket No. 15543, RM-544; FCC 66-424] A.A.T., WRFD-FM is a “super-maxi- mum” station, i.e., one using facilities 8. Section 95.55 is amended to read as PART 73— RADIO BROADCAST greater than those which it would be au­ follows: SERVICES thorized under present rules if it were a § 95.55 Acceptability of transmitters for Table of Assignments FM Broadcast new station. In our 1962 decision in the licensing. overall FM allocation proceeding (Docket Stations (Jackson, Lima, Kenton, 14185), we decided not to order such (a) Except as provided in § 95.69, and Bellefontaine, Ohio) stations to reduce their facilities to the transmitters authorized for operation at B ackground op T his P roceeding maximum now permitted; but we also Class B stations, and noncrystal con­ stated that they would be protected trolled transmitters authorized for op­ 1. On July 7,1964, the Commission re­ against new assignments only to the ex­ eration at Class C and Class D stations in leased a notice of proposed rule making tent normally afforded by the rules to the band 26.96-27.26 Mc/s under this in this proceeding (FCC 64-615; 29 F.R. stations of their class—for a Class B part shall be type approved by the Com­ 9460, July 10, 1964), which invited com­ station such as WRFD-FM, out to a mission. ments on the following proposal to distance of 40 miles against co-channel (b) Transmitters authorized for op­ amend the Table of Assignments for FM and first-adjacent-channel interference, eration under this part at Class A sta­ Broadcast Stations: with stations on second and third ad­ tions, and at Class C stations in the band jacent channels to be assigned no less 72-76 Mc/s, shall be type accepted by City Present Proposed than that distance away.1 As we pointed the Commission. assignment assignment out in the notice herein, WRFD is seek­ (c) Type approved and type accepted ing substantially greater protection—at transmitters for use under this part are 249A 261A 252A 237A points 70 and 95 miles away against included in the Commission’s Radio 252A first-adjacent-channel interference, and Equipment List, Part C. Copies of this 249A, 271 271,285A against a second-adjacent-channel sta­ list are available for public reference at tion 45 miles away. The notice (pars. 9 the Commission’s Washington, D.C., of­ 2. Except for the new Bellefontaine and 10) set forth certain reservations fices and field offices. assignment—proposed on our own mo­ and questions concerning the proposals. 9. Section 95.57(a) is amended to read tion to provide what appeared to be a We stated our reluctance to change as follows: needed first assignment for that com­ channel assignments, in an area where munity—the above changes were pro­ possible assignments are as scarce as they § 95.57 Type acceptance of equipment. posed in response to a petition by Peoples are in Ohio, if there would be a net loss (a) Any manufacturer of a transmit­ Broadcasting Corp. (WRFD), licensee of in assignment possibilities; and we stated ter to be built for use in this service, ex­ Station WRFD-FM, Columbus-Worth- that, if the deletions requested by WRFD cept Class B station equipment and ington, Ohio. This station operates on were made, we would nonetheless deem noncrystal controlled Class C and Class Channel 250, and the changes were re­ ourselves free in the future to make such D equipment for operation in the band quested to eliminate adjacent-channel use of the channels deleted as the public 26.96-27.26 Mc/s, may request type ac­ assignments in Ohio which, it was interest may warrant, if need for making ceptance for such equipment by following claimed, would interfere with reception assignments at near-minimum separa­ the type acceptance procedure set forth of WRFD-FM at various places in the tions appears to exist. We specifically in Subpart F of Part 2 of this chapter. State and thus impair the potential op­ invited comments as to the actual im­ * * * * * eration of the Ohio Defense Emergency pairing effect of the “interference” FM Network, of which WRFD-FM was claimed by WRFD (considering the dis­ 10. In § 95.69 paragraph (b) is then the key station and would in emer­ tances mentioned above and the possi­ amended and paragraph (c) is added, to gency transmit information to other bility that Emergency Network stations read as follows: Ohio FM stations for rebroadcast. Spe­ might use special equipment to receive cifically, it was claimed: WRFD-FM), and as to what extent the § 95.69 Acceptance of composite equip­ (a) a station on Channel 249A at channels deleted, or the replacement ment. Jackson would cause disruptive inter­ channels, would become unavailable for * * * * * ference to reception of WRFD-FM at other desirable uses in the area if the (b) In the case of crystal controlled Portsmouth, some 95 miles south of proposal were adopted. WRFD-FM and 30 miles from Jackson, Class C or Class D equipment to be oper­ The J ackson and Lima Changes ated on an authorized frequency in the thus destroying the emergency material band 26.96-27.26 Mc/s, supplemental transmitted by WRFD-FM for use by 4. WRFD was the only party filing technical information is not required to Station WPAY-FM, Portsmouth, in re- comments concerning the Jackson and accompany the standard application broatjcast under the state plan; Lima proposals, and its statement was form: Provided, however, That it is (b) a station on Channel 249A at Lima very brief. As to these changes, it stated clearly indicated that the equipment would similarly prevent direct off-air simply that it believed its petition had employs crystal control: And provided pickup of WRFD-FM by WIMA-FM, established that they would be in the further, That the Commission may re­ Lima (however, while WIMA-FM was public interest and that it was still of this quire the applicant to certify that the then part of the Emergency Network view because of the Emergency Network frequency stability of the crystal-con­ plan, the primary plan called for it to considerations mentioned above; and trolled transmitter is within the tolerance receive information not directly from that as a matter of business judgment it specified elsewhere in this part. WRFD-FM but from the FM station at could not justify the substantial costs (c) In the case of nontype accepted Marion), Lima is some 70 miles north­ Class C equipment to be operated on an west of WRFD-FM. 1 Second Report, Memorandum Opinion authorized frequency in the band 72-76 (c) Station WKTN-FM, operating at and Order in Docket 14185, POC 62-1243, 27 Mc/s, the information and measurement Kenton on Channel 252A, could cause ob­ F.R. 12193, Dec. 8, 1962,

FEDERAL REGISTER, VOL. 31, NO. 96— WEDNESDAY, MAY 18, 1966 RULES AND REGULATIONS 7239

involved in the sort of engineering study of the short spacing involved (see FCC that interference from the new assign­ envisaged by the notice. We also note 66-425). In support of the proposal ment would result to WLKR-FM, not that since the petition was filed there Hi-Point asserts the great need of Belle­ within its 1 mv/m contour but in an has been a considerable change in the fontaine and surrounding area for a full­ area it now serves, particularly the town Ohio Emergency Broadcast System plan. time local transmission facility, which of Willard, some 13.5 miles from the The State plan submitted in April 1965, can be provided only in this way. Hi- WLKR-FM transmitter site (WLKR- approved by the Commission in October Point contemplates using FM Channel FM does some programming for and 1965, consists of three phases: Phase 1, 252A at its AM site, at which it would from this communityr and submitted the plan which would presently be in ef­ meet all mileage separations. letters of appreciation from Willard lis­ fect in time of emergency; Phase 2, a 8. Ohio Radio opposes the change inteners) . It is asserted that WLKR-FM plan which might come into future effect channels, which would put its present draws approximately $1,500 a month in after further studies, construction, etc., Channel 252A in Bellefontaine and cause revenue from Willard, which would be have been completed; and Phase 3, a pos­ WKTN-FM to move to Channel 237A. largely lost under the proposed channel sible plan for the more distant future. Referring to independent FM difficulties change, with resulting grievous injury WRFD-FM does not participate at all in generally (small set circulation and lack to WLKR-FM in addition to that to Phase 1. In Phase 2, it transmits to the of advertiser interest) and to its rela­ WKTN-FM. Admittedly, this is not northern part of Ohio, not including tively small billings (said to be less than “interference” against which a station Portsmouth; its transmission chain goes $3,000 per month), it mentions its status would be protected, either under earlier in a counterclockwise direction to various as a pioneer in Ohio FM development FM assignment rules (based on protec­ northwestern and northern Ohio points (three stations and another under com­ tion of the 1 mv/m contour) or under and returns to Columbus via Marion, so mon control, none with AM affiliates) present rules, based on minimum mile­ that it would receive emergency informa­ and states that the forced shift in chan­ age separations which would be met tion from the Marion station rather than nels would mean degradation of the pro­ here. Howjever, Ohio Radio claims it sending to it. Phase 3 is the same in gram service of WKTN-FM (numerous should be taken into account. these respects. No Lima station partici­ programs of local interest are described) 10. Related to this is the matter of pates in these phases. and most likely the demise of the station. a possible increase in the facilities of 5. Thus, there is no reason to make Ohio Radio refers to certain special cir­ WLKR-FM, which now operates with the changes requested by WRFD in order cumstances involved here: With Kenton 1.4 kw E.R.P. and 125 feet effective to protect emergency network operations. and Bellefontaine only some 20 miles antenna height, considerably less than Therefore—and in view of the failure of apart and Kenton and its county having the maximum for Class A facilities. WRFD or any other party to deal with no other station, Hi-Point actively com­ Ohio Radio opposed the proposed change the questions raised in the notice, partic­ petes with WKTN-FM for Kenton busi­ because the new Kenton 237A assign­ ularly as to possible loss of assignment ness, and giving it an FM station also ment would prevent WKLR-FM’s mov­ possibilities—it does not appear that the (no other party has shown an interest ing its site southwest in the direction changes requested by WRFD at Jackson in a Bellefontaine FM channel) would of Kenton and thus being able to in­ and Lima would be in the public inter­ mean a tremendous and undue competi­ crease facilities. Since the comments est. The proposals set forth in the no­ tive advantage. This, it is said, would herein were filed, the rules concerning tice for these communities are not be particularly true since the new FM increases and site moves by short-spaced adopted. station would have WKTN’s old dial po­ stations (here, WLKR-FM and an adja­ K enton and Bellefontaine sition and at least part of its audience, cent-channel Cleveland station to the and it is doubtful if WKTN could recover east) have been liberalized. The pres­ 6. Aside from the arguments urged by from this even with an intensive effort to ent situation is as follows: at its present WRFD (which by themselves would not reattract and reeducate its listeners. It site and operating nondirectionally, warrant a change, for reasons just men­ is asserted that if Hi-Point takes over the WLKR-FM can increase its facilities, tioned) the substitution of channels at WKTN frequency the latter would lose though not to the Class A maximum be­ Kenton was proposed in the notice be­ prestige among its businessmen advertis­ cause of an overlap situation with the cause it appeared the only means of pro­ ers, and even a slight loss of income can viding a needed first assignment at Belle­ commonly owned Port Clinton station be expected to bring disastrous results. some 25 miles to the northwest (see sec­ fontaine. In extensive comments and It is urged that the result of this shift replies this proposal was supported by tion 73.240 of the rules). It can increase might well mean two stations in Belle­ its E.R.P. to 3 kilowatts with its present Hi-Point Broadcasting Co. (Hi-Point), fontaine, one AM and one FM, and none licensee of WOHP (AM, daytime-only) antenna height without causing such in Kenton, a result contrary to section overlap, and by doing so it would put a at Bellefontaine, and opposed by Ohio 307(b) of the Communications Act.® In Radio, Inc. (Ohio Radio), licensee of FM reply to these contentions, Hi-Point as­ signal over Willard sufficiently strong to Station WKTN-FM, Kenton Channel serts that they are incomplete, conjec­ remove the “interference” situation de­ 252A. tural and speculative; that a broadcast scribed in the comments.4 By moving 7. Bellefontaine, population 11,424, is license is not a guarantee of revenue or the site to the east or southeast,'or by the county seat and largest community profit or a monopoly position; that operating directionally so as to suppress in Logan County (population 34,803).2 WOHP now gets only about $40 per week Hi-Point’s daytime-only AM Station (about $2,100 per year) in Kenton reve­ WOHP is the only broadcast facility in nue; and that if the effects would be as 4 In the PM allocation proceeding (Docket the county, and there are no FM assign­ alleged WKTN’s programing must not 14185) it was decided to retain the previously ments. Channel 228A was assigned to be so valuable to listeners and its posi­ existing interference ratios as the basis for Bellefontaine in 1963 when the FM Table tion must indeed be tenuous. mileage separations only. For cochannel of Assignments was adopted; Hi-Point 9. Another main line of argumentsignals, the ratio is 10 to 1, desired to filed an application therefor on August undesired. (See First Report and Order in advanced by Ohio Radio is the asserted Docket 14185, FCC 62-866, 33 FCC 309, 23 30, 1963. Later it was discovered that, effect on another of its stations, WLKR- R.R. 1801, pars. 15—18.) This ratio appears at any location, a station at Bellefontaine FM, Norwalk, Ohio. This station, on in the rule presently governing the assign­ on Channel 228A would have to be short­ Channel 237A, would be co-channel with ment of FM stations on the educational spaced to one or more existing stations, the new Kenton assignment at just channels (§ 1.573). It was the standard and the channel was deleted in a Memo­ minimum spacings (64.6 miles which is used by Ohio Radio’s engineer in describing randum Opinion and Order in Docket rounded out to 65 miles). It is alleged the Willard situation. Operating at its 14185 (FCC 63-976, 28 F.R. 11690, No­ present site with its present antenna height and 3 kw E.R.P., WLKR-FM would put a vember 1, 1963). Hi-Point petitioned 8 Like Bellefontaine, Kenton (population signal of around 400 uv/m (52 d.b.u.) over for reconsideration of that action; we 8,747) is the county seat and largest commu­ Willard. This is more than, ten times the are today denying this petition because nity in its county (population 29,633); and signal strength which would be received WKTN—PM and its PM channel are the only there from the Kenton station (35 uv/m 2 All population figures herein are from station and the only PM assignment in the with present facilities, 38 uv/m with maxi­ the 1960 U.S. Census. county. mum Class A facilities).

FEDERAL REGISTER, VOL. 31, NO. 96— WEDNESDAY, MAY 18, 1966 7240 RULES AND REGULATIONS radiation toward Port Clinton, it could statement that parties other than it fontaine area will have local nighttime increase to maximum Class A facilities. should bear the costs, presumably mean­ service available for the first time. To 11. Other arguments advanced by the ing Hi-Point. reach a contrary result for these reasons parties. Ohio Radio states that the pro­ Conclusions would be to preserve for WKTN-FM a posed Bellefontaine Channel 252A as­ monopoly in FM broadcasting in the two- 13. On consideration of the record, we county area containing Kenton and signment would adversely affect recep­ conclude that the change in channel pro­ tion of WRFD-FM Hi-Point replies that Bellefontaine—a situation we should al­ posed at Kenton—substitution of 237A ways be reluctant to maintain and cer­ this would be true only in a very small for 252A—should be made, and Chan­ area around the transmitter of the-Belle­ tainly should not act to maintain on the nel 252A should be assigned at Bellefon­ basis of the showings made here. fontaine station. Under the circum­ taine. This rearrangement will provide stances here, this is not a matter of con­ 15. We have taken into account the a first FM assignment, and a first full­ particular circumstances of this case, sequence.5 Ohio Radio asserts that if time broadcast outlet, for Bellefontaine they operate with maximum Class B fa­ including the fact that the channel re­ (a larger community than Kenton) and moved from Kenton will be used fairly cilities 4 FM stations in other cities its county. At the same time Kenton (Lima, Piqua, Springfield, all roughly 30 close by, by a station which may com­ will retain an FM assignment. This re­ pete with WKTN-FM for audience and miles from Bellefontaine) would provide sult obviously is in furtherance of the FM service to Bellefontaine. Hi-Point advertising revenue in the area. It must mandate of section 307(b) of the Com­ be borne in mind that competition to replies that they do not in fact so operate, munications Act and in the public, in­ and, being short-spaced to other stations, WKTN-FM might come from a Belle­ terest. We mentioned in the notice our fontaine station on any channel (for cannot increase facilities. Whether or reluctance to disturb existing services; not they could increase under the new, example, it might have been decided to but here this consideration is clearly out­ restore the assignment of Channel 228A more liberal rules, only one of the four weighed by the public interest in the stations now provides a 1 mv/m signal there instead of adding 252A). In order new assignment. to minimize possible disruption of listen­ to Bellefontaine, and of course none pro­ 14. In reaching this decision, we have vides a truly local service. ing and loss of audience, we are making carefully considered the arguments in the channel shift effective only at the 12. Costs of Changing the WKTN-FM opposition urged by Ohio Radio. With Channel: In the notice herein (pai*. 11) expiration of WKTN’s current license, respect to the arguments concerning October 1, 1967, thus giving over a year we pointed out that, while the Kenton economic injury to WKTN-FM at Ken­ channel change may well be in the public for the station to prepare its audience ton, economic injury as such is of course and itself for the change (unless it de­ interest, it would also likely redound to no ground for refusing to take actions the benefit of one or more private parties sires to change sooner). As to the fact which are otherwise in the public in­ that the Bellefontaine AM broadcaster and equity might well require that they terest. Nelson Bros. Bond & Mortgage reimburse WKTN-FM for the costs of may become the FM licensee (thereby Co. v. FRC, 289 U.S. 266 (1932); FCC v. forcing WKTN-FM to compete to some the change. Ohio Radio, opposing the Sanders Brothers Radio Station, 309 U.S. extent with an AN-FM combination), shift, asserts that if it is made it should 470, 9 R.R. 2008 (1940). It is only when this is of course not necessarily true, receive reimbursement of some $7,525, the economic injury to the licensee af­ representing $4,525 in engineering costs since other parties may seek and be fects the public interest that it becomes granted the new assignment.7 But even ($2,400 for a new antenna, $625 for crys­ a relevant factor. There has been no tals and recalibration, $500 for profes­ assuming that this is the final outcome, showing here of sufficient likelihood of we do not conceive that this considera­ sional engineering services, and $1,000 for substantial public injury to warrant re­ tion is of any consequence in view of outside frequency reports and measure­ fusal to make an FM assignment which ments, shipping costs and engineering the benefit from a first Bellefontaine as­ in other respects is clearly in the public signment. It is not one of the Commis­ personnel overtime) and $3,000 in other interest. We appreciate the economic sion’s objectives to protect stations from costs such as new stationery and promo­ problems which independent FM stations competition. tion, overtime, etc.—plus business losses often face (although in the case of in unspecified amount. It urges that the WKTN-FM the economic situation may 16. As to the asserted impact on Ohio benefiting parties (chiefly Hi-Point) be be in part due to its position as a rela­ Radio’s Norwalk station WLKR-FM, as required to make firm commitments in tively new station, commencing opera­ mentioned above this—“interference” this regard. Hi-Point states its “willing­ against which the station is not pro­ tion in June 1963) .* We take note of tected—can be dealt with i,f the station ness to participate” in the costs involved Ohio Radio’s position as a multiple in­ in the shift. WRFD asserts in its brief increases facilities, which it is free to do dependent FM licensee in rather small under the new rules for increases by markets, as well as of the particular cir­ short-spaced stations. Even if this were 5 Hi-Point asserts that WRFD-FM puts a cumstances here which have been called not the case, as long as the only obstacle signal of slightly more than 1 mv/m over to our attention. But we do not find in to such an increase is overlap with a Bellefontaine. On this basis, using the one- any of these matters, or the combina­ commonly owned station—a situation to-ten desired to undesired signal ratio set tion of them, reason not to make the forth in the passages mentioned in footnote 4 needed first Bellefontaine assignment. the licensee has himself brought into for second-adjacent-channel interference, It is urged that the channel shift will being—we would not be justified in let­ interference to WRFD-FM would occur only most likely mean the demise of KWTN- ting such a private consideration serve as where the Bellefontaine signal is at least 10 reason for not making an assignment mv/m. With maximum Class A facilities, FM; we see no reason why this should which is clearly in the public interest. this would be over a distance of about 4.6 occur, and, if it should, it appears rea­ The other objections to the assignment miles around the Bellefontaine transmitter. sonably likely that some other party urged by Ohio Radio are of no conse­ As mentioned above (par. 3) this is not “in­ will seek to use the Kenton assignment, terference’' against which stations are pro­ so that Kenton will continue to have a quence for reasons already stated. tected, since Bellefontaine is about 42 miles, station. As to program degradation, we 17. We believe that equitable consider­ and the WOHP transmitter site about 41 see no reason why this should necessarily ations, as well as the limitations of miles, from WRFD-FM. As a practical mat­ occur to a substantial degree, and if it WKTN’s economic situation, require that ter, in area there is little difference in the should occur in some measure this would Ohio Radio should be reimbursed for the effect on WRFD-FM from a Channel 252A reasonable costs of the channel change, assignment at either Kenton or Bellefontaine, be outweighed by the fact that the Belle- and the effect if anything is less from the and that such reimbursement should Bellefontaine assignment, since Kenton is come from the party benefiting from slightly farther from WRFD-FM (45 miles) •In the memorandum opinion and order and that station’s signal is somewhat weaker concerning application of the AM-FM “non­ at the greater distance. As to effect on re­ duplication” rule (§73.242) we noted that 7 Channel assignment actions are, as they ception of WRFD-FM at Lima (mentioned by in recent years an increasing number of in­ must be, made on consideration of the fair­ Ohio Radio), it Is unlikely that a Bellefon­ dependent FM stations have been showing a est, most equitable and most effective as­ taine station on Channel 252A would be profit, as well as other indications of the signment of broadcast facilities, rather than any closer to Lima than WKTN-FM at Ken­ increasing development of the medium. See the identity of a particular potential ap­ ton is now. 2 FCC 2d 833, adopted Mar. 9, 1966. plicant.

FEDERAL REGISTER, VOL. 31, NO. 96— WEDNESDAY, MAY 18, 1966 RULES AND REGULATIONS 7241 the change; i.e., whoever becomes the any rights it may possess with regard to provided, will tend to effectuate the de­ Bellefontaine permittee. Prom the ma­ that channel. Channel 252A will be as­ clared policy of the act. terial submitted it cannot be determined signed to Bellefontaine on October 1, (2) It is hereby further found that it what the costs should be; Ohio Radio’s 1967, or such earlier date as the Com­ is impracticable, unnecessary, and con­ itemized expense figure of $7,525 is con­ mission authorizes interim operation on trary to the public interest to give pre­ siderably higher than the sums, up to Channel 237A to WKTN-FM as men­ liminary notice, engage in public rule- $2,800, which we have recently approved tioned above. making procedure, and postpone the ef­ in similar situations. We leave the mat­ 20. Authority for the adoption of the fective date of this section until 30 days ter of determining the appropriate costs amendments herein is contained in sec­ after publication thereof in the F ederal to the interested parties, subject to Com­ tions 4(i), 303, and 307(b) of the Com­ R egister (5 U.S.C. 1001-1011) in that, as mission approval in case of dispute. munications Act of 1934, as amended. hereinafter set forth, the time interven­ It is appropriate to set forth two gen­ 21. In view of the foregoing: It is or­ ing between the date when information era! guidelines: (1) costs appropriate for dered, That effective October 1, 1967, the upon which this section is based became reimbursement are not necessarily limit­ FM Table of Assignments, § 73.202 of the available and the time when this section ed to strictly engineering costs since as a rules and regulations of the Commission, must become effective in order to effectu­ practical matter other expenses may be is amended, insofar as the communities ate the declared policy of the act is in­ involved; (2) WKTN-FM is not entitled named are concerned, to read as follows: sufficient; a reasonable time is permitted, to reimbursement for “business losses.” City Channel No. under the circumstances, for preparation These are speculative and conjectural at Bellefontaine, Ohio______;____ 1252A for such effective time; and good cause best, and, moreover, the holding of a Kenton, Ohio______1237A exists for making the provisions hereof license is not a guarantee of revenues or 1 Effective 3 a.m., e.s.t., Oct. 1, 1967 (con­ effective not later than the date herein­ profits, and the holder is not entitled to currently with expiration of the outstanding after specified. This section prescribes reimbursement for loss thereof if the license for Station WKTN-FM on Channel packing requirements applicable to the public interest requires a change in his 252A at Kenton, Ohio), or such earlier date handling of plums; such requirements facilities. as Station WKTN-FM may, upon its request, are the same as those recommended by 18. Although WOHP is the only party cease operation on Channel 252A at Kenton, the Plum Commodity Committee at its which has expressed an interest in using Ohio. meeting on May 12, 1966; such meeting Channel 252A at Bellefontaine, other ap­ * * * * * was held after due notice thereof and in­ plicants are, of course, free to file for 22. It i§ further ordered, That this terested persons were afforded an op­ use of the channel. Pursuant to the pro­ proceeding is terminated. portunity to submit information and visions of § 73.202(a) of the rules, such (Sec. 4, 48 Stat. 1066, as amended; 47 U.S.C. views at this meeting; handlers of plums applications may be/ tendered and ac­ 154. Interpret or apply secs. 303, 307, 48 have been notified of the committee rec­ cepted for filing prior to the effective date Stàt. 1082, 1083; 47 U.S.C. 303, 307) ommendations; the provisions of this of the assignment of Channel 252A to section, including its effective time, are Bellefontaine. By the same token, Adopted ; May 11,1966. identical with the aforesaid recom­ WOHP may amend its application for a Released: May 13,1966. mendations; shipments of the current construction permit on Channel 228A to crop of such plums are expected to begin specify operation on Channel 252A be­ F ederal Communications on or about the effective date hereof; fore the effective date of the assignment Commission,8 this section should be applicable to all (if such an amendment is not tendered [seal] Ben F. Waple, such shipments in order to effectuate the by July 1, 1966, the pending application Secretary. declared policy of the act; compliance of WOHP will be returned). If amended [F.R. Doc. 66-5436; Filed, May 17, 1966; with this section will not require of han­ and thereafter found to be acceptable for 8:52 a.m.] dlers any preparation therefor which filing, that application and any others cannot be completed by the effective for the use of Channel 252A at Belle­ time hereof. fontaine which are accepted for filing Title (b) Order. (1) After the effective time will be processed in accordance with the 7— AGRICULTURE of this section, no handler shall ship any provisions of the Act and of the rules. Chapter IX— Consumer and Market­ package or container of any variety of However, no license or operating author­ ing Service (Marketing Agreements plums except in accordance with the fol­ ity will be granted until the effective lowing terms and conditions: date of the assignment of the channel to and Orders; Fruits, Vegetables, (i) Such plums, when in closed pack­ Bellefontaine as described below. The Nuts), Department of Agriculture ages or containers, shall conform to the party becoming the Bellefontaine per­ [Plum Reg. 1] requirements of standard pack; mittee will be expected to reimburse (ii) The diameters of the smallest and WKTN for the reasonable costs of the PART 917— FRESH PEARS, PLUMS, largest plums in an individual package channel shift; we expect that both par­ AND PEACHES GROWN IN CALI­ or container shall not vary more than ties involved will act in good faith in this FORNIA one-fourth (J4) inch: Provided, That a connection. total of not more than five (5) percent, 19. Since the change is in the public Limitation of Shipments by count, of the plums in the package or interest, the licensee of WKTN-FM shall § 917.372 Plum Regulation 1. container may fail to meet this require­ file its October 1, 1967, renewal applica­ ment; and (a) Findings. (1) Pursuant to the tion specifying operation on Channel (iii) Each package or container of 237A rather than 252A. Transcontinent marketing agreement, as amended, and Order No. 917, as amended (7 CFR Part plums shall bear in plain sight and in Television Corp. v. FCC, 113 U.S. App. plain letters, on one outside end, (a) the D.C. 384, 308 F. 2d 339 (1962). The sta­ 917; 30 F.R. 15990), regulating the han­ dling of fresh pears, plums, and peaches name of the variety, if known, or when tion may continue to operate on Channel the variety is not known, the words “un­ 252A until October 1, 1967, or until such grown in the State of California, effec­ tive under the applicable provisions of known variety,” and (b) the size descrip­ earlier time as, upon its request, the tion of the plums which shall conform to Commission authorizes interim operation the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601- the following, as applicable: under special operating authority on (1) When packed in four-basket Channel 237A, following which it shall 674), and upon the basis of the recom­ mendations of the Plum Commodity crates, the size shall be indicated in ac­ submit (within 30 days) the measure­ cordance with the arrangement of the ment data normally required of an ap­ Committee, established under the afore­ said amended marketing agreement and plums in the top layer of the baskets, plicant for an FM broadcast station li­ such as 5 x 5, 4 x 5, 3 x 4 x 5, etc. cense. On and after the date on which order, and upon other available informa­ tion, it is hereby found that the limita­ (2) When packed in face and fill packs such interim operation is authorized to in cartons or lug boxes, the size shall be commence, the Commission will view the tion of shipments of plums as herein­ after set forth, and in the manner herein indicated in accordance with the number request of WKTN-FM as a relinquish­ of rows in the face, such as 6-row, 8- ment of Channel 252A and a waiver of 8 Commissioner Cox absent. row, etc.

FEDERAL REGISTER, VOL. 31, NO. 96— WEDNESDAY, MAY 18, 1966 7242 RULES AND REGULATIONS (3) When packed or filled in othervisions hereof effective not later than the the Agricultural Marketing Agreement packages or containers, the size shall be date hereinafter specified. A reasonable Act of 1937, as amended (7 U.S.C. 601- indicated in accordance with the number determination as to the supply of, and 647), and upon the basis of the recom­ of plums in the package or container or the demand for, such plums must await mendations of the Plum Commodity by the equivalent four-basket crate size, the development of the crop thereof, and Committee, established under the afore­ such as 5 x 5 size, 4 x 5 size, 3x4x5 size, adequate information thereon was not said amended marketing agreement and etc. available to the Plum Commodity Com­ order, and upon other available infor­ (2) When used herein, “standardmittee until the date 'Thereinafter set mation, it is hereby found that the limi­ pack” shall have the same meaning as forth on which an open meeting was held, tation of shipments of plums of the set forth in the U.S. Standards for after giving due notice thereof, to con­ variety hereinafter set forth, and in the Grades of Fresh Plums and Prunes sider the need for, and the extent of, manner herein provided, will tend to (§ 51.1520-1538 of this title; 31 F.R. regulation of shipments of such plums. effectuate the declared policy of the act. 6240) ; “diameter” shall mean the dis­ Interested persons were afforded an op­ (2) It is hereby further found that it tance through the widest portion of the portunity to submit information and is impracticable, unnecessary, and con­ cross section of a plum at right angles to views at this meeting, the recommenda­ trary to the public interest to give pre­ a line running from the stem to the tion and supporting information for liminary notice, engage in public rule- blossom end; and, all other terms shall regulation during the period specified making procedure, and postpone the have the same meaning as when used in herein were promptly submitted to the effective date of this section until 30 the amended marketing agreement and Department after such meeting was held; days after publication thereof in the order. shipments of the current crop of such F ederal R egister (5 U.S.C. 1001-1011) (c) This section shall become effectiveplums are expected to begin on or about in that, as hereinafter set forth, thë time at 12:01 a m., P.s.t., May 19, 1966. the effective date hereof; this section intervening between the date when in­ (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. should be applicable to all such ship­ formation upon which this section is 601-674) ments in order to effectuate the declared based became available and the time policy of the act; the provisions of this when this section must become effective Dated: May 17,1966. section are identical with the aforesaid in order to effectuate the declared policy Paul A. N icholson, recommendation of the committee; in­ of the act is insufficient; a reasonable Deputy Director, Fruit and Veg­ formation concerning such provisions time is permitted, under the circum­ etable Division, Consumer and and effective time has been disseminated stances, for preparation for such effec­ Marketing Service. among handlers of such plums ; and com­ tive time; and good cause exists for mak­ pliance with the provisions of this section [F.R. Doc. 66-5112; Filed, May 17, 1966; ing the provisions hereof effective not 11:26 a.m.] will not require of handlers any prepa­ later than the date hereinafter specified. ration therefor which cannot be com-, A reasonable determination as to the pleted by the effective time hereof. Such supply of, and the demand for, such [Plum Reg. 2] committee meeting was held on May 12, plums must await the development of 1966. the crop thereof, and adequate informa­ PART 917— FRESH PEARS, PLUMS, (b) Order. (1) During the periodtion thereon was not available to the AND PEACHES GROWN IN CALI­ beginning at 12:01 am., P.s.t., May 19, Plum Commodity Committee until the FORNIA 1966, and ending at 12:01 a.m., P.s.t., date hereinafter set forth on which an November 1, 1966, no handler shall open meeting was held, after giving due Regulation by Grades ship any lot of packages or containers of notice thereof, to consider the need for, § 917.373 Plum Regulation 2. any variety of plums unless such plums and the extent of, regulation of ship­ grade at least U.S. No. 1. ments of such plums. Interested per­ (a) Findings. 7 (1) Pursuant to the (2) When used herein, “U.S. No. 1” sons were afforded an opportunity to marketing agreement, as amended, and shall have the same meaning as set forth submit information and views at this Order No. 917, as amended (7 CFR Part in the U.S. Standards for Grades of meeting; the recommendation and sup­ 917; 30 F.R. 15990), regulating the han­ Fresh Plums and Prunes (§§ 51.1520- porting information for regulation dur­ dling of fresh pears, plums, and peaches 1538 of this title; 31 F.R. 6240), and all ing the period specified herein were grown in the State of California, effective other terms shall have the same meaning promptly submitted to the Department under the applicable provisions of the as when used in the amended marketing after such meeting was held; shipments Agricultural Marketing Agreement Act agreement and order. of 1937, as amended (7 U.S.C. 601-674), of the current crop of such plums are and upon the basis of the recommenda­ (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. expected to begin on or about the effec­ 601-674) tive date hereof; this section should be tions of the Plum Commodity Commit­ applicable to all such shipments in order tee, established under the aforesaid Dated: May 17,1966. amended marketing agreement and to effectuate the declared policy of the order, and upon other available in­ P aul A. N icholson, act; the provisions of this section are formation, it is hereby found that the Deputy Director, Fruit and identical with the aforesaid recom­ limitation of shipments of plums, in the Vegetable Division, Consumer mendation of the committee; informa­ manner herein provided, will tend to and Marketing Service. tion concerning such provisions and ef­ effectuate-the declared policy of the act. [F g. Doc. 66-5513; Filed, May 17, 1966; fective time has been disseminated 11:26 a.m.j among handlers of such plums; and (2) It is hereby further found that it compliance with the provisions of this is impracticable, unnecessary, and con­ section will not require of handlers any trary to the public interest to give pre­ [Plum Reg. 3] preparation therefor which cannot be liminary notice, engage in public rule- completed by the effective time hereof. making procedure, and postpone the PART 917—-FRESH PEARS, PLUMS, Such committee meeting was held on effective date of this section until 30 days AND PEACHES GROWN IN CALI­ May 12,1966. after publication thereof in the F ederal FORNIA R egister (5 U.S.C. 1001-1011) in that, (b) Order. (1) During the period be­ as hereinafter set forth, the time inter­ Regulation by Sizes ginning at 12:01 a.m., P.s.t., May 19, vening between the date when informa­ 1966, and ending at 12:01 a.m., P.s.t., tion upon which this section is based be­ § 917.374 Plum Regulation 3 (Beauty). November 1, 1966, no handler shall ship came available and the time when this (a) Findings. (1) Pursuant to the from any shipping point during any day section must become effective in order to marketing agreement, as amended, and any package or container of Beauty effectuate the declared policy of the act Order No. 917, as amended (7 CFR Part plums, except to the extent otherwise is insufficient; a reasonable time is per­ 917; 30 F.R. 15990), regulating the han­ permitted under this paragraph, unless mitted, under the circumstances, for dling of fresh pears, plums, and peaches such plums are of a size that, when preparation for such effective time; and grown in the State of California, effec­ packed in a standard basket, they will good cause exists for making the pro­ tive under the applicable provisions of pack at least a 4 x 5 standard pack.

FEDERAL REGISTER, VOL. 31, NO. 96— WEDNESDAY, MAY 18, 1966 RULES AND REGULATIONS 7243

(2) During each day of the aforesaid PART 965— TOMATOES GROWN IN of this section until 30 days after pub­ period, any handler may ship from any LOWER RIO GRANDE VALLEY IN lication in the F ederal R egister (5 U.S.C. shipping point a quantity of such plums, 1003) in that (1) the relevant provisions by number of packages or containers, TEXAS of this part require that rates of assess­ which are of a size smaller than the size Approval of Expenses and Rate of ment fixed for a particular fiscal period prescribed in subparagraph (1) of this Assessment shall be applicable to all assessable to­ paragraph if said quantity does not ex­ matoes from the beginning of such pe­ ceed fifty (50) percent of the number of Notice of rule making regarding pro­ riod, and (2) the current fiscal period the same type of packages or containers posed expenses and rate of assessment, began on August 1, 1965, and the rate of of such plums shipped by such handler to be effective under Marketing Order assessment herein fixed will automat­ which meet the size requirements of said No. 965 (7 CFR Part 965) regulating the ically apply to all assessable tomatoes subparagraph (1) of/ this paragraph: handling of tomatoes grown in the Coun­ beginning with such date. Provided, That all such smaller plums ties of Cameron, Hidalgo, Starr, and (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. are of a size that, when packed in a Willacy in Texas (Lower Rio Grande 601-674) standard basket, they will pack at least ederal Valley) was published in the F Dated: May 12, 1966. a 5 x 5 standard pack. R egister May 3, 1966 (31 F.R. 6592). (3) If any handler, during any day This regulatory program is effective un­ P aul A. N icholson, der the Agricultural Marketing Agree­ Deputy Director, Fruit and Veg­ of the aforesaid period, ships from any ment Act of 1937, as amended (7 U.S.C. etable Division, Consumer shipping point less than the maximum 601 et seq.). The notice afforded in­ and Marketing Service. allowable quantity of such plums that terested persons an opportunity to sub­ [F.R: Doc. 66-5377; Filed, May 17, 1966; may be of a size smaller than the size mit data, views, or arguments pertaining 8:46 a.m.] prescribed in subparagraph (1) of this thereto not later than 7 days following paragraph, the quantity of such under­ publication in the F ederal R egister. shipment may be shipped by such han­ None was filed. Chapter XIV— Commodity Credit Cor­ After consideration of all relevant mat­ poration, Department of Agriculture dler only from such shipping point. ters presented, including the proposals (4) When used herein, “standard set forth in the aforesaid notice, which SUBCHAPTER B— LOANS, PURCHASES, AND pack” shall have the same meaning as proposals were adopted and submitted OTHER OPERATIONS set forth in the U.S. Standards for for approval by the Texas Valley To­ [COC Grain Price Support Regulations, 1966 mato Committee, established pursuant and Subsequent Crops Dry Edible Bean Grades of Fresh Plums and Prunes to said marketing order, it is hereby Supplement] -r (§§ 51.1520-1538 of this title; 31 F.R. found and determined that: PART 1421— GRAINS AND SIMILARLY 6240); “standard basket” shall mean the § 965.208 Expenses and rate of assess­ HANDLED COMMODITIES standard basket set forth in paragraph ment. 1 of section 828.1 of the Agricultural Subpart— 1966 and Subsequent Crops Code of California; “diameter” shall (a) The reasonable expenses that are Dry Edible Bean Loan and Purchase likely to be incurred by the Texas Val­ Program mean the distance through the widest ley Tomato Committee, established pur­ portion of the cross section of a plum at suant to Marketing Order No. 965, for its Availability; Correction right angles to a line running from the maintenance and functioning, and for Federal Register Document 66-5203, stem to the blossom end; and, except as such other purposes as the Secretary de­ published at page 6904 in the issue dated otherwise specified, all other terms shall termines to be appropriate, during the Wednesday, May 11, 1966, is corrected have the same meaning as when used fiscal period ending July 31, 1966, will by changing “obtain” to read “request” amount to $7,000. in the second line of § 1421.2461. in the amended marketing agreement (b) The rate of assessment to be paid and order, by each handler pursuant to Marketing Signed at Washington, D.C., on May 12, (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. Order No. 965 shall be one cent ($0.01) 1966. 601-674) per 40-pound crate of tomatoes, or the equivalent quantity thereof in other con­ Effective upon publication in the Dated: May 17,1966. tainers, handled by him as the first han­ F ederal R egister. R obert A. Hanson, P aul A. N icholson, dler thereof during said fiscal period. Deputy Director, Fruit and (c) The terms used in this section Deputy Director, Farmer Pro­ Vegetable Division, Consumer shall have the same meaning as when grams Division, Agricultural and Marketing Service, used in Marketing Order No. 965 (7 CFR Stabilization and Conserva­ Part 965). tion Service. [F.R. Doc. 66-5514; Filed, May 17, 1966; It is hereby found that good cause ex­ [F.R. Doc. 66-5378; Filed, May 17, 1966; 11:26 a.m.J ists for not postponing the effective time 8:47 a.m.]

No. 96-----5 FEDERAL REGISTER, VOL. 31, NO. 96— WEDNESDAY, MAY 18, 1966 7244 Proposed Rule Making

§ 271.2 Grades of frozen headless ination of the product for factors 1, 2, DEPARTMENT OF THE INTERIOR dressed whiting. and 3 is carried out in the frozen state and 4-10 in the thawed state. Factor 11 Fish and Wildlife Service (a) “U.S. Grade A” is the quality of frozen headless dressed whiting that (1) is examined in the cooked state. [ 50 CFR Part 271 ] possess a good flavor and odor and that (a) Factors rated by score points. (2) for those factors that are rated in Points are deducted for variations in the FROZEN HEADLESS DRESSED accordance with the scoring system out­ quality of each factor in accordance with WHITING lined in this part, have a total score of the schedule in Table 1. The-total of 85 to 100 points. points deducted is subtracted from 100 U.S. Standards for Grades (b) “U.S. Grade B” is the quality of to obtain the score. The maximum score Notice is hereby given that pursuant frozen headless dressed whiting that (1) is 100; the minimum score is 0. to the authority vested in the Secretary possess at least reasonably good flavor (b) Factors not rated by score points. of the Interior by section 6(a) of the Fish and odor and that (2) rate a total score The factor of “flavor and odor” is evalu­ and Wildlife Act of August 8, 1956 (16 of not less than 70 points for those fac­ ated organoleptically by smelling and U.S.C. 742e), it is proposed to amend tors of quality that are rated in accord­ tasting after the product has been Title 50 Code of Federal Regulations by ance with the scoring system outlined cooked in accordance with § 278.21. the addition of a new Part 271. The in this part. (1) Good flavor and odor (essential purpose of this amendment is to issue (c) “Substandard” or “Utility” is the requirements for a U.S. Grade A prod­ standards for grades of frozen headless quality of frozen headless dressed whit­ uct) means that the cooked product has dressed whiting in accordance with the ing that meet the requirements of § 271-1 the typical flavor and odor of the species authority contained in Title II of the but that otherwise fail to meet the re­ and is free from rancidity, bitterness, quirements of “U.S. Grade B.” staleness, and off-flavors and off-odors Agricultural Marketing Act of August 14, of any kind. 1946, as amended (7 U.S.C. 1621-1627). § 271.11 Determination of the grade. It is the policy of the Department of (2) Reasonably good flavor and odor the Interior whenever practicable, to af­ In a plan under Continuous USDI (minimum requirements of a U.S. Grade ford the public an opportunity to par­ Inspection the grade is determined by B product) means that the cooked prod­ ticipate in the rule making process. examining the product for factors 1-10 uct is lacking in good flavor and odor, Accordingly, interested persons may sub­ in the thawed state and factor 11 in the but is free from objectionable off-flavors mit written comments, suggestions, or cooked state. For lot inspection, exam­ and off-odors of any kind. objections with respect to the proposed T a b l e 1.— Sc h e d u l e o f P o in t D e d u c t io n s p e r Sa m p l e amendment to the Director, Bureau of FROZEN STATE (LOT INSPECTION ONLY) Commercial Fisheries, U.S. Fish and Wildlife Service, Washington, D.C., 20240, Factors scored Method of determining score Deduct within 30 days of the date of publication of this notice in the F ederal R egister. ' 1 Arrangement of product1 Small degree: 10 percent of fish twisted or bellies and backs 2 not facing the same direction. D o n a l d L. M cK e r n a n , Large degree: More than 10 percent of fish twisted, void 5 Director. present or some fish cross packed. May 12, 1966. 2 Condition of packaging (overall Poor: Packaging material has been soaked, softened or 2 assessment). deteriorated. 3 Dehydration Small degree: Slight dehydration of the exposed surfaces. 2 PART 271 — U.S. STANDARDS FOR Large degree: Deep dehydration of the exposed surfaces___ 5 GRADES OF FROZEN HEADLESS DRESSED WHITING1 THAWED STATE

Sec. 4 Minimum size: Fish 2 oz. or Number of fish less than 2 oz. per lb.: 271.1 Description of the product. over are of acceptable size. Over 0—not over 0.5...______5 271.2 Grades of frozen headless dressed Over 0.5—not over 1 .0 ...______10 Over 1.0—not over 2.0______20 whiting. Over 2,0...... 271.11 Determination of the grade. 30 271.21 Definitions and methods of analysis. 271.25 Tolerances for certification of pffi- S Uniformity: Weight ratio of Weight ratio 10 percent smallest and 10 percent largest: fish remaining. The 10 per- Over 2.0—not over 2.4...... 2 cially drawn samples. cent largest fish divided by Ovei 2.4—not over 2.8______5 the 10 percent smallest fish.1 Over 2.8—not over 3.2______10 Authority: The provisions of this Part Over 3.2—not over 3.6______20 271 are issued under sec. 6, 70 Stat. 1122; 16 Over 3.6______30 U.S.C. § 742e; and secs. 203 and 205, 60 Stat. 1087, 1090, as amended; 7 U.S.C. 1622, 1624. 6 Heading1 Small degree: 10 percent of fish carolessly cut...... 5 § 271.1 Description o f the product. Moderate degree: Over 10 percent of fish carelessly cut...... 15

The product described in this part con­ 7 Evisceration (overall assess- Small degree: Slight evidence of viscera______2 sists of clean, wholesome whiting (silver ment). Moderate degree: Moderate amounts of spawn, viscera, etc. 10 hake) merluccius bilinear is, merluccius Large degree: Large amounts of viscera, spawn, etc______30 albidus; completely and cleanly headed 8 pealing1 Small degree: 10 percent of fish not well scaled...... 2 and adequately eviscerated. The fish are 5 packaged and frozen in accordance with Large degree: Over 10 percent of fish not well scaled______good commercial practice and are main­ 9 Color of the exposed surfaces Small degree: Minor darkening, dulling...... 1 ______2 tained at temperatures necessary for the (overall assessment). - Large degree: Objectionably dark, brown, dull______5 preservation of the product. 10 Bruises and split or broken Presence of bruises and/or broken or split skin per pound: skin. Over 0—not over 0.5______1 1 Compliance with the provisions of these Over 0.5—not over 1.0______2 standards shall not excuse failure to com­ Over 1.0—not over 1.5______4 ply with the provisions of the Federal Food, Over 1.5—not over 2.0______7 Drug, and Cosmetic Act. Over 2.0______10

FEDERAL REGISTER, VOL. 31, NO. 96— WEDNESDAY, MAY 18, 1966 PROPOSED RULE MAKING 7245

T able 1.—Schedule of P oint D eductions per Sample—Continued DEPARTMENT OF HEALTH, EDUCA­ FROZEN STATE (LOT INSPECTION ONLY)______COOKED STATE TION, AND WELFARE Food and Drug Administration Factors scored Method of determining score Deduct E 21 CFR Part 12^1 11 Texture: (overall assessment) Small degree: Moderately dry, tough, mushy, rubbery, 5 watery, stringy. — BOILER WATER ADDITIVES Large degree: Excessively dry, tough, mushy, rubbery, 15 x jwatery, stringy. Labeling The Food and Drug Administration has 110 percent of fish refers to 10 percent by count rounded to nearest whole fish. received information that compliance § 271.21 Definitions and methods of (2) “Uniformity.” From the fish re­ with § 121.1088, the food additive regula­ analysis. maining, select by count 10 percent tion providing

FEDERAL REGISTER, VOL. 31, NO. 96-—WEDNESDAY, MAY 18, 1966 7246 PROPOSED RULE MAKING

1. Are the starting materials for the nel 29 and a single applicant, Topeka [ 47 CFR Part 73 1 preparation of LSD, a potent hallucino­ Television, Inc. (BPCT-3662), has filed genic drug, in methods of preparation for Channel 58. The proposed trans­ [Docket No. 16183, RM-776; FCC 66-426] that are being circulated to persons who mitter sites specified by the three appli­ TELEVISION BROADCAST STATIONS, are encouraged to undertake clandestine cants are in a northwesterly direction EUREKA, CALIF. preparation of LSD. from Topeka at distances of from 5 to 8 2. Have been involved in significant miles from the main post office. Table of Assignments diversions from legitimate drug channels 2. Although Topeka is in an area and have been used in the preparation where available additional assignments 1. The Commission has before it for of LSD for sale and distribution in illegal are considered to be scarce, availabilities consideration its notice of proposed rule channels. increase rapidly to the west and north­ making released September 10, 1965 3. Although not satisfactorily evi­ west of Topeka and are classed as “ade­ (FCC 65-778), in response to a petition denced to be hallucinogenic, do have a quate” at the sites proposed by the three of Redwood Empire Educational Tele­ depressant effect on the central nervous applicants. An additional assignment vision, Inc. (REET),1 which was filed on system and, upon conversion to LSD, could be made to Topeka for use at the April 28, 1965, and requested the reser­ exert a powerful hallucinogenic effect. proposed sites without seriously affect­ vation of Channel 13 at Eureka, Calif., Based on the results of the investiga­ ing remaining available assignments that for noncommercial educational use. tion and in order to carry out the pur­ may be needed elsewhere. With the Comments in support of petitioner’s re­ poses of the Drug Abuse Control Amend­ computer program used to create the quest and the proposal herein have been ments of 1965, the Commissioner of Food overall assignment plan, it has been filed by the National Association of Edu­ and Drugs proposes that lysergic acid found that Channels 27, 43, and 49 may cational Broadcasters (NAEB) and the and lysergic acid amide be listed as de­ be assigned to Topeka for use at any Television Advisory Committee of the pressant or stimulant drugs within the of the proposed sites and that this com­ State of California (TAC); comments meaning of section 201 (v) of the Federal bination of three channels is more effi­ opposing the proposal were filed by Food, Drug, and Cosmetic Act. cient in terms of impact on available American Broadcasting Co. (ABC) and Therefore, pursuant to the provisions assignments, than any other three- T & R Broadcasters, Inc. (T & R) .2 of the Federal Food, Drug, and Cosmetic channel combination that would in­ 2. Eureka, with a population of 28,137, Act (secs. 210(v), 511, 701, 52 Stat. 1055, clude the presently assigned Channels is the county seat of Humboldt County as amended, 79 Stat. 227 et seq.; 21 U.S.C. 29 and 58. (104,892),3 and is located on the north­ 321 (v), 360a, 371), and under the au­ 3. The Commission does not consider ern California coast 229 miles north of thority delegated by the Secretary of it to be desirable or necessary to hold San Francisco in a sparsely populated Health, Education, and Welfare to the a hearing solely for the purpose of se­ and rather isolated area. The Eureka- Commissioner (21 CFR 2.120; 31 F.R. lecting one of two qualified applicants Arcata area is presently served by tele­ 3008), it is proposed that § 166.3 Listing competing for a single channel in an vision stations KIEM-TV and KVIQ-TV, of drugs defined in section 201 (v) of the area where additional assignments may Channels 3 and 6 respectively. Accord­ act be amended by adding “lysergic acid” be made without seriously affecting re­ ing to petitioner^ a reasonably powered and “lysergic acid amide” to thé list of maining available assignments for places television station would reach well be­ drugs in paragraph (c) (1). where they may be needed. The tech­ yond the borders of Humboldt County All interested persons are invited to nical characteristics of the three chan­ to include portions of Del Norte County submit their views in writing, preferably nels should be virtually identical. on the north, Mendocino County on the in quintuplicate, regarding this proposal. 4. Accordingly, pursuant to the au­ south, and Trinity County on the east, Such views and comments should be ad­ thority contained in sections 4(i), 303, and by conservative estimate 45,000 pres­ dressed to the Hearing Clerk, Depart­ and 307(b) of the Communications Act ent television families as well as 30,000 ment of Health, Education, and Welfare, of 1934, as amended, it is proposed to elementary and secondary students and Room 5440, 330 Independence Avenue amend the Table of Assignments in several thousand college students could SW., Washington, D.C., 20201, within 30 § 73.606(b) of the Commission’s rules, be served by an educational television days following the date of publication of insofar as the city listed below is con­ facility at Eureka. this notice in the F ederal R egister, and cerned, to read as follows: 3. Petitioner points out that the may be accompanied by a memorandum Eureka-Areata region could be joined to of brief in support thereof. City Channels the California statewide educational net­ Topeka, Kans______*11,13+ , 27, 43, 49 work by a microwave link with the pres­ Dated: May 12,1966. 5. Pursuant to applicable procedures ently existing hookup between San J. K. K irk, set out in section 1.415 of the Commis­ Francisco (Channel *9), Sacramento Assistant Commissioner sion’s rules and regulations interested (Channel *6) and Redding (Channel for Operations. parties may file comments on or before *9), and that Humboldt State College June 20, 1966, and reply comments on or at Areata, with a curriculum leading to [F.R. Doc. 66-5418; Filed, May 17, 1966; before June 30, 1966. All submissions degrees in liberal arts and sciences as 8:50 a.m.] by parties to this proceeding, or by per­ well as applied professional and Voca­ sons v acting on behalf of such parties, tional fields including teaching, has an must be made in written comments, unusually well-equipped television studio reply comments, or other appropriate which is comparable or superior to many FEDERAL COMMUNICATIONS pleadings. small commercial stations. 6. In accordance with the provisions ' 4. In its supporting comments, the COMMISSION of section 1.419 of the Commission’s NAEB observes that Humboldt County rules and regulations, an original, and 14 as the population center of this general I 47 CFR Part 73 J copies of all written comments, reply [Docket No. 16638; FCC 66-^27] comments, pleadings, briefs, or other documents shall be furnished the Com­ 1 Petitioner states that it is a corporation CHANGE THE PRESENT UHF ASSIGN­ organized on Dec. 11,1962, under the General mission. Non-Profit Corporation Law of the State of MENTS AND ADDITION OF THIRD Adopted: May 11,1966. California, empowered by its Articles of In­ CHANNEL TO TOPEKA, KANSAS corporation to construct, operate, use and Released: May 13,1966. maintain noncommercial, educational tele­ Notice of Proposed Rule Making F ederal C ommunications vision broadcasting facilities in order to C o m m i s s i o n ,1 stimulate and advance education by tele­ 1. In the present Table of Assignments vision on a nonprofit basis. for television channels, Channels 29 and [seal] B e n F.W a p l e , Secretary. 2 T & R tendered an application for a con­ 58 are assigned to Topeka, Kans., as un­ struction permit for the channel on Oct. 12, reserved channels. Two applicants, [F.R. Doc. 66-5438; Filed, May 17, 1966; 1965 (BPCT 3646). REET filed a petition Kansas State Network, Inc. (BPCT- 8:52 a.m.] to deny this application on Nov. 30, 1965. 3537), and Highwood Service, Inc. Both documents are presently pending. (BPCT-3561), are competing for Chan- 1 Commissioner Cox absent. 31960 U.S. Census. FEDERAL REGISTER, VOL. 31, NO. 96— WEDNESDAY, MAY 18, 1966 PROPOSED RULE MAKING 7247 area and also the site of Humboldt State stock in California-Oregon Radio Co., ervation of Channel 13 at Eureka have College, needs and deserves its first edu­ which is the licensee of Station KIEM- been presented, by parties seeking to use cational television outlet. NAEB states TV (Channel 3) in Eureka and suggests it for commercial and for educational use, that Channel 13 is eminently suited for that “while these interallied factors re­ respectively, with supporting comments providing a wide-area local educational flect citizens in the Eureka area who are on both sides by other parties. The service in this mountainous service area interested in fostering educational tele­ commercial demand has also been ex­ and observes that it has proposed this vision interests, the fact remains that pressed in application form for some channel for Eureka for educational use certain influential parties in Redwood time; the educational demand has now in its Table of Television Channels. The Empire are also clearly associated in the been- demonstrated to the extent that an Television Advisory Committee4 in its licensee of this Channel 3 station in application for noncommercial educa­ comments supporting the proposal says Eureka, which would be an existing com­ tional use of the channel has been ten­ that the State’s ETV service is presently peting television facility in the com­ dered. We also note that other channels being provided to approximately 1,325,- munity.” ABC in its reply comments could be assigned in this general area, 000 California students located in some observes that there is an applicant ready both VHF and UHF, including Channel 47 of the State’s 58 counties, which are and willing to commence service over 15 or another UHF channel at Eureka being served by seven operating ETV Channel 13; on the other hand, contra itself, and VHF Channel 11 in an area stations, several commercial stations the assertions in the NAEB comments, a few miles south of Eureka on the coast, under contract with school districts Redwood Empire has not shown that it including the community of Fortuna (it for limited broadcast instructional tele­ is ready and willing to activate the chan­ could not be used at the site proposed by vision (ITV) service, and via the in­ nel (see par. 9 below). either applicant and meet required mini­ creasing number of closed circuit tele­ 7. Petitioner in its reply comments mum mileage separations). Thus, while vision (CCTV) facilities owned and states that since the notice herein was Channel 13 may have certain advan­ operated by the public schools of the released, REET has moved actively to­ tages for either commercial or educa­ State; and that Eureka should have a ward the operation of an educational tional use over other possible assign- channel reserved so that it can be in­ station, and in support of this assertion riients,7 it is by no means the only channel cluded in the statewide ETV system. cites planning and cooperation with the available by which significant demands 5. In opposition to the proposal to re­ Television Advisory Committee;, acquisi­ for service in the area may be met. serve the channel, T & R points out that tion of a 5,000 watt transmitter (usable 11. Under the circumstances here, we Station KVIQ-TV is affiliated with both only for VHF—Channels 7 through 13), believe it the preferable course not to re­ NBC and ABC networks and KIEM-TV arrangements for a complete program serve the channel for educational use, is an affiliate of CBS, carrying a portion schedule—daytime and evening, prep­ which would preclude consideration of its of the ABC program service on a “per aration for filing of construction permit possible use for commercial television. program basis”; and it is the position of for commencement of early operation, As we have pointed out elsewhere (see both T & R and ABC that Eureka should and investigation and study of potential Fifth Report and Order in Docket 14229, have a third commercial television out­ sources of financing. 2 FCC, 2d 527, par. 39)., channels not re­ let so as to have an unlimited selection 8. TAC in its reply comments outlines served for education ar$ not reserved for and the essential competition of the steps it has taken in this matter, includ­ commercial use either but are available three basic network program services. ing the filing of a petition to delay the for all qualified applicants, commercial T & R also points out that an educational effective date of the Commission’s Fourth or noncommercial educational. Numer­ outlet would, under petitioner’s project­ Report and Order in Docket 14229 on the ous ETV stations have commenced oper­ ed plans, be used basically for in-school basis that there was no provision therein ation on unreserved channels. In a simi­ instruction and teacher training pur­ for a reserved channel for Eureka- lar situation involving Channel 12 at poses and that the specific needs cited Arcata. It asserts the importance of the Wilmington, Del., we decided not to re­ by petitioner can be fulfilled through the Eureka-Arcata channel to the proposed serve the channel for educational use use of the Commission’s new Instruc­ statewide ETV service for California.6 when there were two commercial applica­ tional Fixed Service. T & R also states TAC questions T & R’s understanding as tions pending, leaving the matter for de­ that the two commercial stations at to the broadcaster’s responsibility and cision in a hearing. See in re Amend­ Eureka, in addition to carrying the functions as to the educational and cul­ ment of § 3.606, Table of Assignments, regularly scheduled network educational tural needs of the community and points Television Broadcast Stations (Wilming­ programs, have regularly carried adult out that it would be a great disadvantage ton, Delaware, and Atlantic City, N.J.), educational courses and documentaries to education to be forced to develop other 18 R.R. 1653 (1959). We conclude that and other types of educational pro­ than a VHF channel, particularly in view a similar approach is appropriate here. grams.5 of the fact that REET has already ac­ We do not, of course, have present views 6. In reply comments T & R suggests quired access to a VHF transmitter suit­ as to what the outcome of a comparative that“* * * it is significant that no rep­ able for conversion to Channel 13. hearing would be, if the educational ap­ resentations or projected plans are set 9. We note one recent development. plication is accepted for filing and both forth (by REET) as to when an educa­ On April 18, 1966, REET tendered an it and the commercial application are tional television facility would be sought application for a noncommercial educa­ prosecuted through the hearing.8 It may in the Eureka area” and that conversely tional station on Channel 13. -This ap­ also develop that one of the interested a grant of T & R’s application for Chan­ plication proposes to use the KIEM-TV parties will wish to explore the possible nel 13 would provide for the establish­ antenna tower. The proposed program other assignments in the area men­ ment of a station expeditiously and for schedule would extend from about 9 a.m. tioned above. Bearing in mind the ad­ the rendition of an important television until 10 p.m. 5 days a week, all but 2 V2 vantages which would accrue to the service. However, see paragraph 9, be­ hours being rebroadcast of the material low, regarding the Channel 13 applica­ presented over KIXE-TV, Redding Chan­ 7 Use of Channel 11 would involve greater tion recently tendered by REET. T & R nel 9. restrictions on site location than Channel 13 C o n c l u s i o n in relation to the applicants’ present pro­ also observes that three of the REET posals. Use of Channel 15 or another UHF Board of Directors also are identified in 10. In this rule making proceeding, channel would not entail such restrictions and are officers and directors and have strong arguments for and against res- taut would involve whatever disadvantages proprietary ownership of the voting presently inhere in UHF operation compared 6 Because REET’s petition for reservation ofto VHF (which might more seriously affect a *TAC Is the authorized State of California Channel 13 was on file prior to the release commercial station, competing with two VHF agency responsible for ETV development in of our Fourth. Report and Order in Docket stations in a small market, than an educa­ the State. 14229 on June 6, 1965, we left the question of tional operation) and might mean more 5 Summarizing the license renewal applica­an education allocation for Eureka for resolu­ expense to the educational group, which now tions as to programing, T & R states that tion in this proceeding. Thus, T & R’s com­ has a VHF transmitter. Stations KVIQ-TV and KIEM-TV devoted ment that the Commission in its Fourth 8 In the Wilmington case, the educational 2.5 percent and 7.2 percent, respectively, of Report and Order “determined that VHF application prevailed in the Initial Decision their broadcast time to educational type pro­ Channel 13 should not be reserved for educa­ in the comparative hearing, and was later grams during the FCC composite week. tional purposes” is incorrect and misleading. granted without opposition.

FEDERAL REGISTER, VOL. 31, NO. 96— WEDNESDAY, MAY 18, 1966 7248 PROPOSED RULE MAKING

Eureka area through provision of a third Notice is hereby given that the Federal competitive commercial and third net­ FEDERAL MARITIME COMMISSION Maritime Commission, Bureau of Com­ work service, we do not believe it appro­ pliance, Office of Hearing Counsel shall priate, by an allocations action, to fore­ [ 46 CFR Part 510 1 participate in this proceeding and shall close consideration of providing such [Docket No. 66-31 ] file Reply to Comments on or before service. June 22, 1966, by serving an original and 12. In view of the foregoing: It isPRACTICES OF INDEPENDENT OCEAN 15 copies on the Federal Maritime Com­ ordered, That, the proposal set forth in FREIGHT FORWARDERS, OCEAN mission and one copy on each party who the notice of proposed rule making here­ filed written comments. Answers to in, that Channel 13 at Eureka, Calif., be FREIGHT BROKERS, AND OCEAN­ GOING COMMON CARRIERS Hearing Counsel’s replies shall be sub­ reserved for noncommercial educational mitted to the Federal Maritime Commis­ use, is not adopted; and this proceeding is sion on or before June 30, 1966. terminated. * Notice of Participation by Hearing Counsel Prior to the promulgation of final rules Adopted: May 11, 1966. in this proceeding the Commission will On May 6, 1966, the Federal Maritime consider hearing oral argument with re­ Released: May 13, 1966. Commission published in the F ederal spect to specific rules. Notice will be F ederal C ommunications R egister (31 F.R. 6792) notice of pro­ issued later of the rules on which the C o m m i s s i o n ,9 posed rule making in Docket No. 66-31 Commission will hear argument and the [s e a l ] B e n F. W apl e , for the purpose of considering written time and place of said oral argument. Secretary. views and arguments filed with the Sec­ By order of the Federal Martime Com­ retary, Federal Maritime Commission, mission. [F.R. Doc. 66-5437; Filed, May 17, 1966; Washington, D.C., 20573, by the close of 8:52 a.m.] business June 6, 1966, concerning the [sea l ] T h o m a s Lisi, proposed amendments to paragraphs Secretary. 9 Commissioner Cox absent, Commissioner(a) of §510.22; (a), (f), (j) of §510.23; [F.R. Doc. 66-5439; Filed, May 17, 1966; Wadsworth dissenting. and (a) and (f) of § 510.24, Title 46 CFR. 8:52 a.m.]

FEDERAL REGISTER, VOL. 31, NO. 96—-WEDNESDAY, MAY 18, 1966 7249 Notices

resentation within the meaning of section. [Order 83 (Rev. 2) [ 43 of the Trademark Act of 1946 and section DEPARTMENT OF THE TREASURY 11,13 of the Customs Regulations. Any im­ DISTRICT DIRECTORS ET AL. Bureau of Customs ported manicure set cases, sewing kit cases, or similar articles made of such material Delegation of Authority To Permit ARTICLES PROHIBITED IMPORTATION which are so labeled shall be detained and inspection of Certain Returns and the procedure prescribed in section 11.13 Cases Made of Material Containing of the Customs Regulations shall be followed. Related Documents Ground, Shredded, or Pulverized This circular shall not affect the classifi­ Pursuant to authority vested in the Leather cation of the subject articles for tariff pur­ poses. Commissioner of Internal Revenue by There is published below Bureau of 4. Effective date. This circular shall ap­26 CFR 301.6103 (a)-1, District Directors, Customs Circular RES-36-RM, May 9, ply to entries for consumption or with­ the Director of International Operations, 1966, relating to the importation of drawals from warehouse or consumption Service Center Directors, and the Di­ manicure set cases, sewing kit cases, and made on or after June 1, 1966. rector of the Collection Division, are au­ similar cases made of material contain­ Lester D. J ohnson, thorized: ing ground, shredded, or pulverized Commissioner of Customs. 1. To permit inspection of returns in leather. [F.R. Doc. 66-5399; .Filed, May 17, 1966; their custody by any applicant eligible 8:48 a.m.] therefor in accordance with paragraph Dated: May 11,1966. (c) of § 301.6103(a)-1, including any [s eal] L ester D. Jo h n s o n , applicant with respect to whom inspec­ Commissioner of Customs. Internal Revenue Service tion is made discretionary with the Sec­ Treasury Department retary or the Commissioner or the dele­ [Order 86 (Rev. 2) ] gate of either, provided such applicant BUREAU OF CUSTOMS DISTRICT DIRECTORS ET AL. meets the requirements embodied by [Circular: RES-36-RM] such paragraph. The authority dele­ Delegation of Authority To Permit gated in this paragraph of this order is Washington, May 9,1966. Inspection of Certain Returns by limited to returns as filed by or on behalf To: Regional Commissioners, Certain Applicants of the taxpayer, including any schedules, District Directors, lists and other written statements which Collectors of dustoms, Pursuant to authority vested in the have been filed with the Internal Rev­ Appraisers of Merchandise. Commissioner of Internal Revenue, au­ enue Service by or on behalf of the tax­ Subject: Restrictions and Prohibitions; Im­ thority is hereby delegated to District payer or which have previously been ported cases made of material containing Directors, Service Center Directors, and furnished by the Service to the taxpayer. ground, shredded, or pulverized leather. the Director of International Operations, References: Section 43, Trademark Act of to permit inspection of returns in their 2. To permit inspection of returns in 1946 (15 U.S.C. 1125); section 11.13, custody, inspection of which may be their custody by United States attorneys Customs Regulations; Federal Trade authorized by the Commissioner of In­ and attorneys of the Department of Commission Trade Practice Rules for the ternal Revenue pursuant to 26 CFR Justice in accordance with paragraph Luggage and Related Products Industry, 601.702(d), to the same persons and sub­ (g) of § 301.6103(a)-1, and to furnish promulgated June 30, 1962 (16 CFR returns, or copies thereof, to such at­ Part 154). ject to the same conditions as prescribed 1. Purpose. To advise customs officers and for such persons in 26 CFR 301.6103(a)- torneys in accordance with paragraph others concerned that material made of 1(c). (h) of such section. The authority ground, shredded, or pulverized leather can­ The authority delegated herein is delegated in this paragraph of this order not be labeled as “Leather." limited to returns as filed by or on be­ is limited to returns as filed by or on 2. Background. Rule 2(h) of the Federal half of the taxpayer, including any behalf of the taxpayer, including any Trade Commission Trade Practice Rules cited schedules, lists and other written state­ schedules, lists- and other written state­ above prohibits any representation that a ments which have been filed with the material in an industry product is leather ments which have been filed with the if such material contains ground, shredded, Internal Revenue Service by or on be­ Internal Revenue Service by or on be­ or pulverized leather and thus is not wholly half of the taxpayer or which have pre­ half of the taxpayer or which have pre­ the hide of an animal. The Federal Trade viously been furnished by the Service to viously been furnished by the Service to Commission has determined that to repre­ the taxpayer. the taxpayer, except that other records sent such material as leather is deceptive Whenever it is determined that a re­ or reports containing information in­ and constitutes a violation of the laws ad­ turn or related document as defined cluded or required by statute to be in­ ministered by it. This is not construed as above is available for disclosure in a cluded in the return may be furnished preventing an accurate representation as (a) when the return or copy thereof is to the ground, pulverized, or shredded leather particular case, a copy or certified copy content of the material. The rules apply to. may be furnished the party requesting requested for official use in the prosecu­ domestic manufacturers and distributors as the same. tion of claims and demands by, and of­ well as importers. The authority delegated herein may fenses against, the United States, or the The Federal Trade Commission has ad­ be redelegated, but not lower than to defense of claims and demands against vised that some domestic marketers are of­ Division Chiefs except that the Director the United States or officers and employ­ fering for sale imported manicure set cases, of International Operations may redele­ ees thereof, in cases arising under the sewing kit cases, and possibly other similar internal revenue laws or related statutes items made of the aforementioned material gate to the Director’s Representative in which are labeled as being made of leather. Puerto Rico. which were referred by the Department The practice, which is said to be extensive, This order supersedes Delegation of the Treasury to the Department of has been so far limited to items manufac­ Order No. 86 (Rev. 1), issued February Justice for such prosecution or defense, tured in Austria and West Germany. The 12,1965. or (b) in cases not so referred, when so Commission has requested the cooperation authorized by the Assistant Commis­ of this Bureau in the prevention of the im­ Issued: May 13,1966. sioner (Compliance). portation of these deceptively labeled items. Effective da^e: May 13,1966. 3. The authority delegated in para­ 3. Action. The labeling of cases made of graph 1 may be redelegated, but ^not material containing ground, shredded, or [seal] S h e l d o n S. C o h e n , lower than to Division Chiefs except that pulverized leather to show the articles as Commissioner. made only of leather and without additional the Director of International Operations marking accurately representing the content [FJt. Doc. 66-5400; Filed, May 17, 1966; may redelegate to the Director’s Repre­ of the material shall be deemed a false rep­ 8:48 ajn.] sentative in Puerto Rico. The authority

FEDERAL REGISTER, VOL. 31, NO. 96— WEDNESDAY, MAY 18, 1966 7250 NOTICES delegated in paragraph 2 may not be under. As so amended, Part 3 reads as proposed withdrawal may present their redelegated. follows: views in writing to the undersigned offi­ 4. This order supersedes Delegation cer of the Bureau of Land Management, P ar t 3—A u t h o r i t y o f S pecifically D es­ Order No. 83 (Rev. 1), issued February Department of the Interior, Post Office 12, 1965. ignated E m p l o y e e s F u n c t i o n s R elat­ Box 11505, Salt Lake City, Utah, 84111. ing T o L a n d s a n d M inerals Issued: May 13,1966. As required by the Department’s regu­ S e c . 3.16. * * * lations (43 CFR 2311.1-3(c)), the au­ Effective date: May 13,1966. FUNCTIONS relating to credit matters thorized officer of the Bureau of Land Management has made a joint investi­ [seal] S h e l d o n S. C o h e n , S ec. 3.132. Approval of mortgages and Commissioner. gation of the area with representatives deeds of trust. The Superintendent, of the Bureau of Reclamation as to ex­ [F.R. Doc. 66-5401; Filed, May 17, 1966; Wind River Agency, may approve mort­ isting and potential demands for the 8:49 a.m.] gages and deeds of trust pursuant to 25 lands and their resources. They deter­ CFR 121.61 given as security for loans mined the minimum area essential to [Order 15 (Rev. 1) ] to finance productive enterprises oper­ meet the project needs, and to provide ated "hy borrowers; to provide housing for the maximum concurrent utilization DISTRICT DIRECTORS ET AL. facilities for borrowers; and for the of the lands for purposes other than the purchase or construction of other im­ Delegation of Authority Regarding applicant’s; they eliminated lands not provements to be utilized by borrowers needed for the project and agreed on the Inspection of Certain Returns by when the loans are made under a loan concurrent management of the lands and Department of Health, Education, guaranty agreement of the Shoshone their resources. and Welfare Tribe approved by the Commissioner or The authorized officer has prepared a his authorized representative. Pursuant to the authority contained in report for consideration by the Secre­ 26 CFR 301.6103 (a)-100, District Direc­ FUNCTIONS RELATING TO INDIAN IRRIGATION tary of the Interior who will determine tors, Service Center Directors, and the PROJECTS whether or not the lands will be with­ Director of International Operations, are S e c . 3.205. Concessions on reservoir drawn as requested by the applicant hereby authorized upon request, in sites and other lands in Indian irriga­ agency. accordance with prescribed procedures, tion projects; leases for agriculture, busi­ The determination of the Secretary on to make available for inspection by any ness, or grazing purposes. The Super­ the application will be published in the duly authorized officer or employee of the intendent- of Flathead Indian Agency F ederal R egister. A separate notice Department of Health, Education, and with the written concurrence of the Flat- will be sent to each interested party of Welfare any individual income tax return head Irrigation Project Engineer is au­ record. made in respect of a tax imposed under thorized to grant concessions on, reser­ If circumstances warrant, a public chapter 1 or chapter 2 of the Internal voir sites, reserves for canals or flowage hearing will be held at a convenient time Revenue Code, as may be needed in its areas, and other lands which have been and place, which will be announced. administration of the provisions of Title withdrawn or otherwise acquired in con­ The lands involved in the application II of the Social Security Act, as amended. nection with the Flathead Irrigation are in Washington County, and are: Such authorization includes the furnish­ Project, and to permit or lease such Salt Lake Meridian, Utah ing of a copy of the return or any data lands for agricultural, business, or graz­ T. 43 S„ R. 13 W., on such return. ing purposes pursuant to 25 CFR Part Sec. 7, NE%; The authority delegated herein may be 203. Sec. 8,NE^NE]4, W1/2NE14, NW]4 . redelegated, but not lower than to Divi­ T. 42 S„ R. 14 W., sion Chiefs except that the Director of — N ed O. T h o m p s o n , Sec. 15, lots 1, 3, 4, 5, N^SW]4. International Operations may redelegate Acting Area Director. T. 40 S., R. 17 W., to the Director’s Representative in Puerto M a y 4,1966. Sec. 33, lots 2, 3. Rico. Approved May 11,1966. Thè areas described aggregate 711.31 This order supersedes Delegation acres. Order No. 15, issued January 11, 1956. F red H. M a s s e y , R. D. N i e l s o n , Issued: May 13,1966. Acting Commissioner. State Director. [F.R. Doc. 66-5392; Filed, May 17, 1966; Effective date: May 13,1966. [F.R. Doc. 66-5388; Filed, May 17, 1966; 8:48 a.m.] 8:47 ajn.] [sea l ] S h e l d o n S. C o h e n , Commissioner. Bureau of Land Management [F.R. Doc. 66-5402; Filed, May 17, 1966; [Utah 0149443] [Utah 069117] 8:49 a.m.] UTAH UTAH Notice of Proposed Withdrawal and Notice of Proposed Withdrawal andv Reservation of Lands DEPARTMENT OF THE INTERIOR Reservation of Lands M a y 6, 1966. Bureau of Indian Affairs M a y 6, 1966. The U.S. Department of Agriculture, [Billings Area Office Redelegation Order 1, The Bureau of Reclamation, Depart­ Forest Service, has filed application for Amdt. 19] ment of the Interior, has filed a request the withdrawal of the lands described to amend their Withdrawal application below, from all forms of appropriation CERTAIN EMPLOYEES U-069117 by adding the lands described except the General Mining and mineral below. The lands are to be withdrawn leasing laws. Redelegation of Authority With Re­ from all forms of appropriation including The applicant desires the land to ex­ spect to Credit Matters and to the mining laws but not the mineral leas­ tend the boundaries of the Fishlake Na­ Indian Irrigation Projects ing laws. tional Forest, Utah, to include eight iso­ The applicant desires the land for the lated parcels of public domain land suit­ Part 3, Authority of Specifically Desig­ implementation and construction of the able for National Forest purposes. nated Employees, of Order 1, as amended, Dixie Reclamation Project, Utah, ap­ For a period of 30 days from the date is further amended by the addition of proved by the Act of September 2, 1964 of publication of this notice, all persons the new unit heading “Functions Relat­ (78 Stat. 848). who wish to submit comments, sugges­ ing to Credit Matters,” and section For a period of 30 days from the date tions, or objections in connection with 3.132 thereunder; and the new unit head­ of publication of this notice, all persons the proposed withdrawal may present ing “Functions Relating to Indian Irri­ who wish to submit comments, sugges­ their views in writing to the undersigned gation Projects,” and section 3.205 there­ tions, or objection in connection with the officer of the Bureau of Land Manage-

FEDERAL REGISTER, VOL. 31, NO. 96— WEDNESDAY, MAY 18, 1966 NOTICES 7251 The applicant desires the land for ex­ T. 1 N., R. 2 E., ment, Department of the Interior, Post Secs. 1, 2 and 3; Office Box 11505, Salt Lake City, Utah, tending the boundaries to include suit­ Sec. 4, sy2NEy4, SW14SW14 , SEi/4; 84111. able lands not now part of the Wasatch Sec. 5; The Department’s regulations (43 CFR National Forest. Sec. 7, lots 1,2,3,4, Ei/2, Ey2 Wy2; 2311.1-3(c) ) provide that the author­ For a period of 30 days from the date Secs. 9,11 and 13; ized officer of the Bureau of Land Man­ of publication of this notice, all persons Sec. 14, SWy4 ; agement will undertake such investiga­ who wish to submit comments, sugges­ Secs. 15,16,17 and 19; tions as are necessapr to determine the tions, or objections in connection with Sec. 20, SEy4SEy4; the proposed withdrawal may present Sec 21* existing and potential demand for the Sec. 22, Ei/2Ey2) NE14NW14; lands and their resources. He will also their views in writing to the undersigned Sec. 23; undertake negotiations with the appli­ officer of the Bureau of Land Manage­ Sec. 24, Wy2; cant agency with the view of adjusting ment, Department of the Interior, Post Secs. 25 and 29; the application to reduce the area to the Office Box 11505, Salt Lake City, Utah, Sec. 31, lots 1, 2, 3, 4, NE14, Ey^Wy^, m inim um essential to meet the appli­ 84111. Ny2SEy4, SW14SE14; cant’s needs, to provide for the maximum The Department’s regulations (43 CFR Sec. 36. T. 1 N„ R. 3 E., concurrent utilization of the lands for 2311.1-3 (c)) provide that the authorized Sec. 7; purposes other than the applicant’s, to officer of the Bureau of Land Manage­ Sec. 17, Wi/2; eliminate lands needed for purposes ment will undertake such investigations Sec. 19; more essential than the applicant’s, and as are necessary to determine the exist­ Sec. 29, lots 3, 4, SWy4; to reach agreement on the concurrent ing and potential demand for the lands Sec. 31; management of the lands and their and their resources. He will also under­ Sec. 32, Wy2. take negotiations with the applicant T. 1 N„ R. 1 W., resources. Sec. 13, SE»4; The authorized officer will also prepare agency with the view of adjusting the Sec. 24, NE»4, Ey2NW^. a report for consideration by the Secre­ application to reduce the area to the T. 2 N., R. 1 E., tary of the Interior who will determine m in im u m essential to meet the ap­ Sec. 17, NW(4SW>4SE|4, Ei/aSW^SE^. whether or not the lands will be with­ plicant’s needs, to provide for the maxi­ T. 2 N„ R. 2 E„ drawn as requested by the applicant mum concurrent utilization of the lands Sec. 29, lots 1 to 8, incl.; agency. for purposes other than the applicant’s, Sec. 33, lots 1 to 8, Incl.; The determination of the Secretary on to eliminate lands needed for purposes Sec. 34, lots 1 to 8, incl.; the application will be published in the more essential than the applicant’s, and Secs. 35 and 36. T. 3 N„ R. 1 E., F ederal R egister. A separate notice will to reach agreement on the concurrent Sec. 7, lots 3 and 4, E(4SW(4; be sent to each interested party of record. management of the lands and their re­ Sec. 18, NWy4NEy4, NEy4NW^. If circumstances warrant, a public sources. T. 3 N., R. 1 W., hearing will be held at a convenient time The authorized officer will also prepare Sec. 1, lots 7 and 10; and place, which will be announced. a report for consideration by the Secre­ T. 4 N., R. 1 W., The lands involved in the application tary of the Interior who will determine Sec. 36, Ei/2Ey2NW%. are: whether or not the lands will be with­ The areas described, including both Salt Lake Meridian, Utah drawn as requested by the applicant public and nonpublic lands, aggregate T. 21 S., E.4W ., agency. 31,807.43 acres, more or less. Sec. 1, SW y4) Ni/aSE^; The determination of the Secretary on The following lands are presently un­ Sec. 12, NWy4, Ei/2SW%. T. 20 S., R. 3 W., the application will be published in the der a military withdrawal. The military Sec. 31, lots 3, 4, S%NE%, SE%NW%, F ederal R egister. A separate notice uses will have priority over National EÎ4SW1/4, SE 14 . will be sent to each interested party of Forest uses until the military withdrawal T. 19 S., R. 2 W., record. is canceled: Sec.9,Ei/2SWi4; If circumstances warrant, a public Salt Lake Meridian, Utah Sec. 21,SW%SE%; hearing will be held at a convenient time Sec. 28,Wy2NE^. T. 1 S„ R. 1 E„ T. 19 S., R. 4 W., and place, which will be announced. Sec. 3, NEy4NE^ (Unsurveyed); Sec. 4, lots 1, 2, 5, 6, 7, 8, 9, 10. The lands involved in the application T. 1 N., R. 1 E., T. 18 S., R. 4 W., are: Sec. 34, All the surveyed and unsurveyed Sec. 33, Unsurveyed E%NEV4, SE 14. Salt Lake Meridian, Utah parts of sec. except lots 2, 3, 4, 8, 9, 10 NWy4NE]4 and Ny2NWy4. T. 17 S., R. 5 W., T 1 S R 1 E Sec; 13, Wi/2. Sec. 2, lots 1, 2, 3, 4, 5, 6, SV^NE^, SE^4 T. 17 S., R. 3 W., R. D. N iel s o n , NW14, Ey2SW%, SE%; State Director. Sec. 11, Eya; Sec. 3, NEy4NE]4 (Unsurveyed). Sec. 12, Wy2SW%; T. 1 S., R. 2 E., [P.R. Doc. 66-5391; Filed, May 17, 1966; Sec. 13, Wi£; Sec. 1; 8:48 a.m.] Sec. 14, Ey2. Sec. 12, SE%NW%, Sy2. T. 15 S., R. 3 W., T. 1 S., R. 3 E., Sec. 22, SE14SE14 ; Secs. 5, and 7; Sec. 26, NE%, Ey2NW%, NW'/4NWy4 ; National Park Service Sec. 8, sy2SW]4. SW14SE14; Sec. 27, NE 14NE 14. Sec. 17. [Order 2] The areas described aggregate 3,413.78 T. 1 N., R. 1 E., BIGHORN CANYON RECREATION sec. 9, sy2sy2; acres. AREA R. D. N iel s o n , Sec. 10, SWi,4; State Director. Secs. 11 and 13; Secs 14, Ny2.Ni/2SWy4; Certain Designated Officials; Delega­ [P.R. Doc. 66-5390; Piled, May 17, 1966; Secs. 15 and 16; tion of Authority Regarding Execu­ 8:48 a.m.] Sec. 17, sy2NE%, Sy2; tion of Contracts and Purchase Or­ Sec. 18, lots 3, 4, Ey2SWy4, SE^; [Utah 0149172] Sec. 19; ders for Supplies, Equipment, or sec. 20, ni/2, Ny2sy2, sy2swy4; Services UTAH Sec. 21* Sec. 22/Sy2SWi4, swyiSEyi; S ection 1. Administrative Assistant. Notice of Proposed Withdrawal and The Administrative Assistant may ex­ Reservation of Lands Sec. 24’,Ni/2SWy4; ecute and approve contracts not in ex­ M ay 6,1966. Sec. 25; cess of $10,000 for supplies, equipment, or U.S. Department of Agriculture, Forest Sec. 26, NWy4; services in conformity with applicable Sec. 27; regulations and statutory authority and Service, has filed application for the sec. 28, NEy4NE%, sy2NEy4, Nwy4Nwy4; withdrawal of the lands described below Sec. 34, All except lots 8, 9 and 10 (Partly subject to availability of allotted funds. from all forms of appropriation except Unsurveyed).; S e c . 2. Supervisory Park Ranger the general mining laws and mineral Sec. 35 (Partly Unsurveyed); (South District Park Ranger). The leasing laws. Sec. 36. Supervisory Park Ranger (South District FEDERAL REGISTER, VOL. 31, NO. 96— WEDNESDAY, MAY 18, 1966 No. 96- 6 7252 NOTICES Park Ranger) may execute and approve The prices at which Commodity Information on commodities available contracts not in excess of $2,000 for Credit Corporation commodity holdings under Title IV, PX. 480, private trade supplies, equipment, or services in con­ are available for sale during May 1966 agreements, and current information on formity with applicable regulations and are as announced by the U.S. Depart­ interest rates and other phases of the statutory authority and subject to avail­ ment of Agriculture. The following program may be obtained from toe Of­ ability of allotted funds. commodities are available: Cotton (up­ fice of the General Sales Manager, For­ (National Park Service Order No. 34 (31 FR. land and extra long staple), wheat, com, eign Agricultural Service, U.S. Depart­ 4255); 39 Stat. 535; 16 U.S.C., sec. 2; Midwest oats, barley, rye, rice, grain sorghum, ment of Agriculture, Washington, D.C., Region Order No. 3 (21 PR. 1494)) peanuts, flax, and linseed oil. 20250. Cheddar cheese, butter, and nonfat The following commodities are cur­ Dated: March 30, 1966. dry milk are withdrawn from sale be­ rently available for barter: Cotton (up­ J oseph C. R umburg, Jr., cause supplies are temporarily ex­ land and extra long staple), tobacco, Superintendent, hausted. If supplies become available wheat, corn, and grain sorghum. (In Bighorn Canyon Recreation Area. during the month, they will be offered addition, free market stocks of cotton­ [PR. Doc. 66-5387; Piled, May 17, 1966; for domestic and export sale as indi­ seed and soybean oils are eligible for 8:47 a.m.] cated under the Dairy Products section barter programing.) This list is subject of the list. to change from time to time. There are no changes in the list from The CCC will entertain offers from re­ Fish and Wildlife Service April. sponsible buyers for the purchase of any [Docket No. S-357] Corn, oats, barley or grain sorghum, commodity on the current list. Offers as determined by CCC, will be sold for accepted by CCC will be subject to the GILBERT LEE KRIGBAUM unrestricted use for “Dealers’ Certifi­ terms and conditions prescribed by the cates” issued under the emergency live­ Corporation. These terms include pay­ Notice of Loan Application stock feed program. Grain delivered ment by cash or irrevocable letter of Gilbert Lee Krigbaum, Westport, against such certificates will be sold at credit before delivery of the commodity, Wash., has applied for a loan from the the applicable current market price, and the conditions require removal of Fisheries Loan Fund to aid in financing determined by CCC. the commodity from CCC stocks within the purchase of a used 48-foot registered In the following listing of commodities a reasonable period of time. Where length wood vessel to engage in the and sales prices or method of sales, “un­ sales are for export, proof of exportation fishery for salmon, albacore and crabs. restricted use” applies to sales which per­ is also required, and the buyer is respon­ Notice is hereby given pursuant to the mit either domestic or export use and sible for obtaining any required U.S. provisions of Public Law 89-85 and “export” applies to sales which require Government export permit or license. Fisheries Loan Fund Procedures (50 CFR export only. CCC reserves the right to Purchases from CCC shall not constitute Part 250, as revised Aug. 11, 1965), that determine the class, grade, quality and any assurance that any such permit or the above entitled application is being availabile quantity of commodities listed license will be granted by the issuing considered by the Bureau of Commercial for sale. authority. Fisheries, Fish and Wildlife Service, De­ The CCC Monthly Sales List, which Applicable announcements containing partment of the Interior, Washington, varies from month to month as addi­ all terms and conditions of sale will be D.C., 20240. Any person desiring to sub­ tional commodities become available or furnished upon request. For easy refer­ mit evidence that the contemplated op­ commodities formerly available are ence a number of these announcements eration of such vessel will cause economic dropped, is designed to aid in moving are identified by code number in the fol­ hardship or injury to efficient vessel op­ CCC’s inventories into domestic or ex­ lowing list. Interested persons are in­ erators already operating in that fishery port use through regular commercial vited to communicate with the Agricul­ must submit such evidence in writing to channels. tural Stabilization and Conservation the Director, Bureau of Commercial If it becomes necessary during toe Service, USDA, Washington, D.C., 20250, Fisheries, within 30 days from the date month to amend this list in any material with respect to all commodities or—for of publication of this notice. If such way—such as by the removal or addition specified commodities—with the desig­ evidence is received it will be evaluated of a commodity in which there is gen­ nated ASCS Commodity Office. along with such other evidence as may eral interest or by a significant change Commodity Credit Corporation re­ be available before making a determina­ in price or method of sale—an announce­ serves the right to amend from time to tion that the contemplated operations of ment of the change will be sent to all time, any of its announcements. Such the vessel will or will not cause such persons currently receiving the list by amendments shall be applicable to and economic hardship or injury. mail from Washington. To be put on be made a part of the sale contracts D onald L. McK ernan, this mailing list, address: Director, Pro­ thereaf ter entered into, Director, curement and Sales Division, Agricul­ CCC reserves the right to reject any or Bureau of Commercial Fisheries. tural Stabilization and Conservation all offers placed with it for the pur­ Service, U.S. Department of Agriculture, chase of commodities pursuant to such M a y 13, 1966. Washington, D.C., 20250. announcements. [P.R. Doc. 66-5425; Filed, May 17, 1966; Interest rates per annum under the CCC reserves the right to refuse to 8:51 ajn.l CCC Export Credit Sales Program (An­ consider an offer, if CCC does not have nouncement GSM-3 Revision II) for adequate information of financial re­ May 1966 are 5 percent for U.S. bank sponsibility of the offerer to meet con­ obligations and 6 percent for foreign tract obligations of toe type contem­ DEPARTMENT OF AGRICULTURE bank obligations, without regard to plated in toe announcement. If a Commodity Credit Corporation credit periods involved up to a maximum prospective offerer is in doubt as to of 36 months. Commodities currently whether CCC has adequate information SALES OF CERTAIN COMMODITIES offered for sale by CCC, plus tobacco with respect to his financial responsibil­ from CCC loan stocks, are available for ity, he should either submit a financial May 1966 CCC Monthly Sales List export sale under the CCC Export Credit statement to toe office named in the in­ Notice to "buyers. Pursuant to the Sales Program as provided under specific vitation prior to making an offer, or policy of Commodity Credit Corporation commodity listings. Commodities from communicate with such office to deter­ issued October 12, 1954 (19 F.R. 6669), private stocks now eligible for financing mine whether such a statement Is desired and subject to the conditions stated under the CCC Export Credit Sales Pro­ in his case. When satisfactory financial therein as well as herein, the commodi­ gram include wheat, wheat flour, bulgur, responsibility has not been established, ties listed below are available for sale com, commeal, grain sorghum, upland CCC reserves the right to consider an and, where noted, for redemption of pay- and extra long staple cotton, tobacco, offer only upon submission by offerer of ment-in-kind certificates on toe price milled and brown rice, cottonseed oil, a certified or cashier’s check, a bid bond, basis set forth. soybean oil, and dairy products. or other security, acceptable to CCC, as-

FEDERAL REGISTER, VOL. 3T, NO. 96— WEDNESDAY, MAY 18, 1966 NOTICES 7253 suring that if the offer is accepted, the B. Nonstorable. At not less than market C. Markups and examples (dollars per price, as determined by CCC. bushel in-store1 basis No. 2 Yellow Corn offerer will comply with any provisions C. Markup and examples (dollars per 14 percent M.T. 2 percent F.M.). of the contract with respect to payment bushel—in store). for the commodity and the furnishing Markup in­ of performance bond or other security store received Markup in-store by— Examples acceptable to CCC. received by— Disposals and other handling of in­ Examples—Agricultural Act of ventory items often result in small quan­ 1949; stat. minimum Truck Truck Rail or tities at given locations or in qualities barge not up to specifications. These lots are $0.14)4 Feed grain program domestic PIK certificate minimums: offered by the appropriate ASCS office $0.18)4 $0.15)4 Minneapolis—No. 1 DNS ($1.58) 108 McLean County, 111. ($1.06+$0.03 promptly upon appearance and there­ percent +$0.15)4; $1.86)4. +$0.14)4); $1.23)4. Portland—No. 1 SW ($1.44) 108 per­ Agricultural Act of 1949 stat. mini­ fore, generally, they do not not appear in cent +$0.W)4; $1.71)4. mums: the Monthly Sales List. Kansas City—No. 1 HW ($1.43) 108 McLean County, 111. ($1.06+$0.20 percent +$0.15)4; $1.70)4. +$0.03); 105 percent +$0.14)4; On sales for which the buyer is re­ Chicago—No. 1 RW ($1.49) 108 per­ $1.50)4. quired to submit proof to CCC of ex­ cent +$0.15)4; $1.76)4. portation, the buyer shall be regularly engaged in the business of buying or D. Availability information. For informa­ D. Availability information. For informa­ tion on CCC corn sales and payments-in- selling commodities and for this purpose tion on the disposition of nonstorable wheat, kind from binsites, contact ASCS State or shall maintain a bona fide business office contact the Evanston, Kansas City, Minne­ county offices. For information on the dis­ in the United States, its territories or apolis, or Portland ASCS grain offices shown position of corn from other locations, con­ possessions and have a person, principal at the end of this sales list. tact the Evanston, Kansas City, Minneap­ or resident agent upon whom service of Export. olis, or Portland ASCS Grain Offices shown judicial process may be had. Sales will be made pursuant to the follow­ at the end of this sales list. Prospective buyers for export should ing announcements : Export. note that generally, sales to U.S. Gov­ A. Announcement GR-345 (revised Aug. 25, Sales for barter and credit are made at the 1964), as amended for export under the wheat applicable export market price, as deter­ ernment agencies, with only minor ex­ export payment-in-kind program. When mined by CCC; export payment-in-kind ceptions, will constitute domestic un­ Hard Winter wheat is delivered on the west rates, if any, are deducted in arriving at restricted use of the commodity. coast by CCC to cover sales under GR—345, barter and credit sales prices. The statutory Commodity Credit Corporation re­ evidence of export must show exportation minimum price referred to in the price ad­ serves the right, before making any sales, from west coast ports. Hard Red Winter justment provisions of the following export to define or limit export areas. wheat exports through Pacific northwest sales announcements is 105 percent of the The Department of Commerce, Bu­ ports will not be eligible for Title I, P.L. 480 applicable price-support rate plus the mark­ sales. HRW wheat exports through Cali­ up referred to in C of the unrestricted use reau of International Commerce, pur­ fornia ports are eligible for Title I, P.L. 480 section for corn. Sales will be made pur­ suant to regulations under the Export sales. suant to the following announcements: Control Act of 1949, prohibits the ex­ B. Announcement GR-346 (revised Sept. 8, A. Announcement GR-368 (revised Mar. 1, portation or reexportation by anyone of 1964), as amended for export as flour. 1965), feed grain export payment-in-kind any commodities under this program to C. Announcement GR-261 (Revision 2, program. Cuba, the Soviet Bloc or Communist- Jan. 9, 1961), as amended and supplemented B. Announcement GR-212 (Rev. 2, Jan. 9, controlled areas of the Par East includ­ for export as wheat and under Announce­ 1961), for application to approved CCC bar­ ing Communist China, North Korea, and ment GR-262 (Revision 2, Jan. 9, 1961, as ter and credit sales. amended) for export as flour for application C. Available. Evanston, Kansas City, Min­ the Communist-controlled area of Viet under arrangements for barter and approved neapolis, and Portland ASCS Grain Offices. Nam, except under validated license CCC credit sales only at prices determined issued by the U.S. Department of daily. HW wheat will not be sold through GRAIN SORGHUM (BULK) Commerce, Bureau of International west coast ports under Announcements GR- Unrestricted use. Commerce. 261 or GR-262. , A. Redemption of domestic payment-in­ For all exportations, one of the des­ D. Available. Evanston, Kansas City, Min­ kind certificates. Such CCC dispositions of tination control statements specified in neapolis, and Portland ASCS grain offices. grain sorghum as CCC may designate will be Com m erce Department Regulations CORN, BU LK in redemption of certificates or rights rep­ (Comprehensive Export Schedule Sec­ resented by pooled certificates under a feed Unrestricted use. grain program. The minimum price at tion 379.10(c)) is required to be placed A. Redemption of domestic payment-in­ which grain sorghum shall be valued for such on all copies of the shipper’s export kind certificates. Such CCC dispositions of dispositions shall be market price, as deter­ declaration, all copies of the bill of lad­ com as CCC may designate will be in re­ mined by CCC, but not less than the pay- ing, and all copies of the commercial demption of certificates or rights repre­ ment-in-kind formula price for such re­ invoices. For additional information as sented by pooled certificates under a feed demption. Such formula price shall be the to which destination control statement grain program. The price at which corn applicable 1965 price-support loan rate for to use, the exporter should communicate shall be valued for such dispositions shall be the class, grade, and quality of the grain with the Bureau of Internatipnal Com­ the market price as determined by CCC, but sorghum, plus the markup shown in C of not less than the payment-in-kind formula this unrestricted use section applicable to merce or one of the field offices of the price for such redemptions. Such formula the type of carrier involved. Department of Commerce. price shall be the applicable 1965 price-sup­ B. General sales. Exporters should consult the appli­ port loan rate for the class, grade, and qual­ 1. Storable. Such CCC dispositions of cable Commerce Department regulations ity of the corn plus the markup shown in C storable grain sorghum as CCC may desig­ for more detailed information if desired of this unrestricted use section. nate as general sales will be made dqring and for any Changes that may be made B. General sales. the month at market price, as determined therein. 1. Storable. Such CCC dispositions of by CCC, but not less than the Agricultural storable corn as CCC may designate as gen­ Act of 1949 formula minimum price for such Sales P rice or M ethod of Sale eral sales will be made during the month sales which is 105 percent of the applicable WHEAT, BULK at market price, as determined by CCC, but 1965 price-support rate2 (published loan not less than the Agricultural Act of 1949 rate plus 35 cents per cwt.) for the class, Unrestricted use. formula minimum price for such sales which grade, and quality of the grain sorghum, A. Storable. All classes of wheat in CCCis 105 percent of the applicable 1965 price plus the markup shown in C of this unre­ inventory are available for sale at market support rate2 (published loan rate plus 20 stricted use section applicable to the type price but not below 108 percent of the 1965 cents per bushel) for the class, grade, and of carrier involved. support price for the class, grade, and protein quality of the corn, plus the markup shown 2. Nonstorable. At not less than market of the wheat plus the markup shown in C in C of this unrestricted use section. price as determined by CCC. below applicable to the type of carrier 2. Nonstorable. At not less than màrkèt C. Markups and examples (dollars per involved. price as determined by CCC. hundredweight in-store1 No. 2 or better).

FEDERAL REGISTER, VOL. 31, NO. 96— WEDNESDAY, MAY 18, 1966 7254 NOTICES

port sales announcements is 105 percent of the applicable price-support rate plus the Markup in-store Markup in-store received by— received by— markup referred to in B of the unrestricted Examples Examples use section for oats. Sales will be made pur­ suant to the following announcements ex­ Truck Rail or Track Rail or cept that oats will not be sold for applica­ barge barge tions to Title I, or Title IV, P.L. 480 purchase authorizations or for barter.' $0.31)3 $0.25)3 Feed grain program domestic PIK $0.17)3 $0.15)3 Feed grain program domestic PIK A. Announcement GR-368 (revised Mar. certificate minimums: certificate minimums: Hale County, Tex. ($1.63+$0.31)3); Cass County, N. Dak. ($0.76 1, 1965), feed grain export payment-in-kind $1.94)3. +$0.17)3); $0.93)3. program. Kansas City, Mo. (ex-rail) ($1.93+ Minneapolis, Minn, (ex-rail) ($0.99 B. Announcement GR-212 (Revision 2, $0.25)3); $2.18)3. +$0.15)3); $1.14)3. Jan. 9, 1961), for applications to approved Agricultural Act of 1949; Stat. mini­ Agricultural Act of 1949; statutory mums: minimums: CCC credit and other designated sales. Hale County, Tex. ($1.63+$0.35); CassCounty.N.Dak. ($0.76+$0.16); C. Available. Kansas City, Evanston, Min­ 105 percent +$0.31)3; $2.39)3. 105 percent +$0.17)3; $1.14)3. neapolis, and Portland ASCS grain offices. Kansas City, Mo. (ex-rail) ($1.93+ Minneapolis, Minn, (ex-rail) ($0.99 $0.35); 105 percent and $0.25)3; +$0.l6); 105 percent +$0.15)3; RY E, B U L K $2.65)3. $1.36)3. Unrestricted use. A. Storable. Market price, as determined D. Availability information. For infor­ D. Availability information. For informa­by CCC, but not less than the Agricultural mation on CCC grain sorghum sales and tion on CCC barley sales from bin sites, con­ Act of 1949 formula price which is 105 per­ payments-in-kind from bin sites, contact tact ASCS State or county offices. For in­ cent2 of the applicable 1965 price-support ASCS State or county offices. For informa­ formation on the disposition of barley from rate for the class, grade, and quality of the tion on the disposition of grain sorghum other locations, contact the Kansas City, grain plus the markup shown in B below ap­ from other locations, contact the Kansas Evanston, Minneapolis, or Portland ASCS plicable to the type of carrier involved. City, Evanston, Portland, or Minneapolis grain offices shown at the end of this sales B. Markups and examples (dollars per ASCS grain offices shown at the end of this list. bushel in-store1 No. 2 or better). sales list. Export. Export. Sales are made at the applicable export Markup in-store Sales are made at the applicable export market price, as determined by CCC; export received by— - market price, as determined by CCC; export payment-in-kind rates, if any, are deducted Examples—Agricultural Act of 1949; payment-in-kind rates, if any, are deducted Stat. minimum in arriving at credit sales prices. The statu­ Truck Rail or in arriving at barter and credit sales prices. tory minimum price referred to in the price barge The statutory m in im u m price referred to in adjustment provisions of the following export the price adjustment provisions of the fol­ sales announcements is 105 percent of the lowing export sales announcements is 105 $0.18)3 $0.15)3 Rollete County, N. Dak. ($0.91); 105 applicable price-support rate plus the-markup percent +$0.18)3; $1.14)3. percent of the applicable price support rate referred to in C of the unrestricted use sec­ Minneapolis, Minn, (ex-rail) ($1.24); plus the markup referred to in C of the un­ tion for barley. Sales will be made pursuant 105 percent +$0.15)3; $1.46)3. restricted use section for grain sorghum. to the following announcements except that Sales will be made pursuant to the following barley will not be sold for applications to C. Nonstorable. At not less than market announcements: Title!, or Title IV, P.L. 480 purchase authori­ price as determined by CCC. A. Announcement GR-368 (revised Mar. 1, zations or for barter. D. Availability information. Sales at bin 1965), feed grain export payment-in-kind A. Announcement GR-368 (revised Mar. 1, sites are made through ASCS county offices; program. 1965), feed grain export payment-in-kind at other locations through the Evanston, B. Announcement GR-212 (Revision 2, program. Kansas City, Minneapolis, or Portland ASCS Jan. 9,1961), for application to arrangements B. Announcement GR-212 (Revision 2, grain offices. for barter, approved CCC credit and other Jan. 9,1961), for application to approved CCC Export. designated sales. credit sales. Sales are made at the applicable export C. Available. Evanston, Kansas City, market price, as determined by CCC; export Minneapolis, and Portland ASCS grain C. Available. Kansas City, Evanston, and payment-in-kind rates, if any, are deducted offices. Minneapolis ASCS grain offices. in arriving at credit sales prices. The stat­ OATS, B U LK utory minimum price referred to in the price BARLEY, BULK adjustment provisions of the following ex­ Unrestricted use. port sales announcements is 105 percent of Unrestricted use. A. Market price, as determined by CCC, the applicable price-support rate plus the A. Redemption of domestic payment-in­ but not less than the Agricultural Act of 1949 markup referred to in B of the unrestricted kind certificates. Such CCC dispositions of formula price which is 105 percent of the use section for rye. Sales will be made pur­ barley as CCC may designate ■will be in re­ applicable 1965 price-support rate2 for the suant to the following announcements ex­ demption of certificates or rights repre­ class, grade, and quality of the oats plus the cept that rye will not be sold for applications sented by pooled certificates under a feed markup shown in B below. to Title I, or Title IV, P.L. 480 purchase grain program. The minimum price at B. Markups and examples (dollars per authorizations or for barter. which barley shall be valued for such dispo­ bushel in-store1 basis No. 2 XHWO). A. Announcement GR-368 (revised Mar. sitions shall be market price, as determined 1, 1965), feed grain export payment-in-kind by CCC, but not less than the payment-in­ program. kind formula price for such redemptions. Markup in­ B. Announcement GR-212 (Revision 2, Such formula price shall be the applicable store received by— Examples—Agricultural Act of 1949; Jan. 9,1961), for application to approved CCC 1965 price-support loan rate for the class, Stat. minimum credit and other designated sales. grade, and quality of the barley, plus the C. Available. Evanston, Kansas City, markup shown in C of this unrestricted use Track Portland, and Minneapolis ASCS grain section applicable to the type of carrier offices. involved. $0.16)3 Redwood County, Minn. ($0.56+$0.03 RICE, ROUGH B. General sales. quality differential); 105 percent +$0.16)3; $0.78)3. Unrestricted use. 1. Storable. Such CCC dispositions of Market price but not less than 1965 loan storable barley as OCC may designate as gen­ rate plus 5 percent plus 41 cents per hun­ eral sales will be made during the month at C. Nonstorable. At not less than the mar­ dredweight, basis in store. market price, but not less than the Agricul­ ket price as determined by CCC. Export. tural Act of 1949 formula minimum price for D. Availability information. Sales at bin As milled or brown under Announcement such sales which is 105 percent of the ap­ sites are made through the ASCS county offi­ GR-369, Revision III, rice export program— plicable 1965 price-support rate2 (published ces; at other locations through the Evanston, payment-in-kind, and under GR-379, Revi­ loan rate plus 16 cents per bushel) for the Kansas City, Minneapolis, or Portland ASCS sion I, for approved credit sales. class, grade, and quality of the barley, plus grain offices. Prices, quantities, and varieties of rough the markup shown in C of this unrestricted Export. rice available from Kansas City ASCS Com­ use section, applicable to the type of carrier Sales are made at the applicable export modity Office. involved. market price, as determined by CCC; export 2. Nonstorable. At not less than market payment-in-kind rates, if any, axe deducted COTTON, UPLAND price as determined by CCC. in arriving at credit sales prices. The statu­ Unrestricted use. C. Markups and examples (dollars per tory minimum price referred to in the price A. Competitive bid under the terms and bushel in-store1 No. 2 or better). adjustment provisions of the following ex­ conditions of Announcement NO-C-16, as

FEDERAL REGISTER, VOL. 31, NO. 96— WEDNESDAY, MAY 18, 1966 NOTICES 7255 amended (Sale of Upland Cotton for Unre­ Availability information. Sale of cotton Available. Through the Minneapolis ASCS stricted Use). Under this announcement, will be made by the New Orleans ASCS Com­ Commodity Office. modity Office and catalogs for upland cot­ upland cotton acquired under price support DAIRY PRODUCTS programs will be sold at the highest price ton and extra long staple cotton showing offered but in no event at less than the quantities, qualities, \and location may be Sales axe in carlots only in-store at storage higher of (a) 105 percent of the current obtained for a nominal fee from that office. location of products. loan rate for such cotton, plus reasonable PEANUTS, FARMERS' STOCK OR SHELLED Submission of offers. carrying charges, or (b) the market price for Submit offers to the Minneapolis ASCS such cotton, as determined by CCC. A. Domestic crushing or export. Commodity Office. B. Competitive offers under the terms and 1. Farmers’ stock peanuts may be pur­ conditions of Announcement NO-C-26 (Dis­ chased for crushing into oil or for export NONFAT DRY MILK position of Upland Cotton—for Exchange of of U.S. No. 1 or better shelled peanuts. Any of the peanuts grading less than U.S. No. Unrestricted use. PIK Certificates or Rights in the Certificate Announced prices, under MP-14: Spray Pool for Upland Cotton), as amended. Up­ 1 must be crushed domestically. 2. Shelled peanuts of less than U.S. No. 1 process, U.S. Extra Grade, 18.60 cents per land cotton may be acquired at its domestic grades may be purchased for foreign or pound. market price which shall be the highest price Export. offered but not less than the minimum price domestic crushing. 3. U.S. Medium—Virginia Type for export. Competitive bid, under MP-10, pursuant to determined by COC. 4. Terms and conditions of sales appear in invitation to bid to be issued by Minneapolis C. Competitive offers under the terms and CCC Peanut Announcement 1 (revised) Jan­ ASCS Commodity Office. Sales under this conditions of Announcement NO-C-31 (Dis? uary 4, 1962, Amendments 1 through 4, announcement may be made for application position of Upland Cotton—In Redemption Supplement 1 and in the lot list and Appen­ to barter and approved CCC credit. of Payment-In-Kind Certificates or Rights dix 1 thereto. Any nonfat dry milk offered but not sold in Certificate Pools, In Redemption of Ex­ B. When stocks of any of the above cate­ under the invitation to bid issued pursuant port Commodity Certificates, Against the gories are available in their area of responsi­ “Shortfall”, and Under Barter Transactions). to MP-10 will be offered for sale through the bility, weekly lot lists are issued by the following Monday noon at prices announced No cotton will be delivered prior to August 1, following: 1966. Cotton may be acquired at its current by press release from the Minneapolis ASCS market price for delivery after August 1, GFA Peanut Association, Camilla, Ga. Commodity Office each Wednesday. 1966, which shall be the highest price offered Peanut Growers Cooperative Marketing Asso­ but not less than the minimum determined ciation! Franklin, Va. BUTTER by CCC, and in no évent at less than the Southwestern. Peanut Growers’ Association, Gorman, Tex. Unrestricted use. loan rate for such cotton at time of delivery. Announced prices, under MP-14; 65 cents Export. All sales are made on the basis of competi­ per pound—New York, Pennsylvania, New A. CCC sales for export. Competitive bid tive bids each Wednesday, by the Producer under the terms and conditions of Announce­ Jersey, New England, and other States Associations Division, Agricultural Stabiliza­ bordering the Atlantic Ocean and Gulf of ments CN—EX-25 (Cotton Export Program— tion and Conservation Service, Washington, Sales—1964-66 Marketing Years) and NO- D.C., to which all bids are submitted. Mexico. 64.25 cents per pound—Washing­ C-29 (Sale of Upland Cotton—Cotton Export ton, Oregon, and California. All other States Program—1964-66 Marketing Years), as FLAXSEED, BULK 64 cents per pound. amended. Unrestricted use. Export. B. CCC credit sales and barter. Competi­ A. Storable. Market price but not less Competitive bid under Announcement tive bid under the terms and conditions of than the applicable 1965 support price for MP-10, pursuant to invitations to bid to be Announcement CN-EX-23 (Purchase of Up­ the class, grade, and quality of flaxseed plus issued by Minneapolis ASCS Commodity Of­ land Cotton for Export under the Export 14 y2 cents per bushel, and plus the respec­ fice. Sales under this announcement may be Credit Sales Program) ; Announcement CN- tive markup shown in B below applicable made for application to barter and CCC EX-24 (Acquisition of Upland Cotton for to the type of carrier involved. credit. Export under the Barter Program), and An­ B. Markups and examples (dollars per nouncement NO-C-28 (Sale of Upland Cot­ bushel in-store*). Any butter offered but not sold under the ton CCC Credit and Barter Programs—1964- invitation to bid issued pursuant to MP-10 66 Marketing Years), as amended. will be offered for sale through the follow­ Markup per Examples of minimum prices ing Monday noon at prices announced by COTTON, EXTRA LONG STAPLE bushel received (ex-rail or barge) b y - press release from the Minneapolis ASCS Unrestricted use. Commodity Office each Wednesday. A. Competitive bid under the terms and Truck Rail or Terminal Class Price CHEDDAR CHEESE (STANDARD MOISTURE BASIS) conditions of Announcements NO-C-6 (re­ bargé and grade vised July 22, 1960), as amended, and NO- Unrestricted use. C-10, as amended. Under these announce­ Cenis C ents Announced prices, under MP-14: 44.5 ments extra long staple cotton (domestically $0.20 $0.15 y 2 Minneapolis-. No. 1______$3.45 grown) will be sold at the highest price cents per pound—New York, Pennsylvania, offered but in no event at less than the New England, New Jersey, and other States higher of (a) 115 percent of the current sup­ C. Nonstorable. At not less than market bordering the Atlantic Ocean and Pacific port price for such cotton plus reasonable price as determined by CCC. Ocean and the Gulf of Mexico. All other carrying charges, or (b) the domestic market D. Available. Through the Minneapolis States 43.5 cents per pound. price as determined by CCC. Grain Merchandising ASCS Office. Export. Export. Export. Competitive bid under Announcement MP- A. CCC sales for export. A. Announcement PS-GR-4, Revision 1, dispositions of flaxseed, as designated by CCC, 10, pursuant to invitation to bid to be Competitive bid under the terms and con­ will be in redemption of export commodity issued by Minneapolis ASCS Commodity Of­ ditions of Announcements CN-EX-20 (For- certificates at the domestic market price as fice. Announced prices under MP-10. Sales eign-Grown Extra Long Staple Cotton Export determined by CCC. under this announcement may be made for Program) and NO-C-23 (Sale of Foreign- B. Announcement GR-212 (Revision 2, Jan. application to CCC credit. Grown Extra Long Staple Cotton). 9, 1961), for application to approved CCC Competitive bid under the terms and con­ Any cheese offered but not sold under the credit sales. Such sales will be at the domes­ invitation to bid issued pursuant to MP-10 ditions of Announcements CN-EX-22 (Extra tic market price as determined by CCC less Long Staple Cotton Export Program) and the applicable export payment allowance.. will be offered for sale through the follow­ NO-C-27 (Sale of Extra Long Staple Cotton), The flaxseed to be exported shall be No. 2 ing Monday noon at prices announced by as amended. grade, or better. press release from the Minneapolis ASCS B. CCC credit sales and barter. C. Available. Through the Minneapolis Commodity Office each Wednesday. Competitive bid under the terms and con­ Grain Merchandising ASCS Office. FOOTNOTES ditions of Announcement CN-EX-26 (Pur­ LINSEED OIL, RAW (BULK) chase of Extra Long Staple Cotton for Export under the Export Credit Sales Program), An­ Export. 1 The formula price delivery basis for bin nouncement CN—EX-27 (Acquisition of Extra Under Announcement PS-GR-4, Revision site sales will be f.o.b. Long Staple Cotton for Export under the 1, dispositions of raw linseed oil, as desig­ 2 To compute, multiply applicable support Barter Program), and Announcement NO- nated by OOC, will be in redemption of export price by 1.05 round product up to nearest C-27 (Sale of Extra Long Staple Cotton), as commodity certificates at the domestic mar­ whole cent and add amount shown in the amended. ket price as determined by CCC. appropriate table and any applicable freight and handling charges.

FEDERAL REGISTER, VOL. 31, NO. 96— WEDNESDAY, MAY 18, 1966 7256 NOTICES

USDA Agricultural S tabilization and of J. A. Miller, Sr., of Route 2, Yadkin­ ELAM CO PRODUCTS CO. Conservation Service Offices ville, N.C., for tobacco inspection and GRAIN OFFICES price support services for a proposed Notice of Withdrawal of Petition for Kansas City ASCS Commodity Office, 8930 new market at Yadkinville, N.C. Food Additives Tylosin, Sulfa­ Ward Parkway (P.O. Box 205), Kansas The hearing will be held in the court­ methazine, and Streptomycin City, Mo., 64141. Telephone: Emerson room of the Yadkin County Courthouse 1-0860. at Yadkinville, N.C., beginning at 9 a.m., Pursuant to the provisions of the Alabama, Alaska, Arkansas, Colorado, e.s.t., on May 26,1966. Federal Food, Drug, and Cosmetic Act Florida, Georgia, Hawaii, Kansas, Louisi­ (sec. 409(b), 72 Stat. 1786; 21 U.S.C. 348 ana, Mississippi, Missouri, Nebraska, The aforesaid public hearing will be (b)), the following notice is issued: New Mexico, North Carolina, Oklahoma, conducted and evidence received pur­ South Carolina, Tennessee, Texas, and suant to the concurrent and identical In accordance with § 121.52 With­ Wyoming. policy statements and regulations gov­ drawal of petitions without prejudice of Branch Office—Evanston ASCS Branch Of­ erning the extension of tobacco inspec­ the procedural food additive regulations fice, 2201 Howard Street, Evanston, 111., tion and price support services to new (21 CFR 121.52), Elanco Products Co., a 60202. Telephone: Long distance—Uni­ markets and to additional sales on desig­ Division of Eli Lilly & Co., Indianapolis, versity 9-0600 (Evanston Exchange). nated markets (7 CFR Part 29, Subpart Ind., 46206, has withdrawn its petition Local—Rogers Park 1-5000 (Chicago, A). (FAP 5C1&05), published in the F ederal 111.). R egister of April 27, 1965 (30 F.R. 5863), Connecticut, Delaware, Illinois, Indiana, Iowa, Kentucky, Maine, Maryland, Mas­ Done at Washington, D.C., this 13th proposing an amendment to § 121.217 sachusetts, Michigan, New Hampshire, day of May 1966. Tylosin to provide for the safe use of a combination drug containing tylosin, New Jersey, New York, Ohio; Pennsyl­ Orville L. F reeman, vania, Rhode Island, Virginia, Vermont, sulfamethazine, and streptomycin in and West Virginia. Secretary. swine feed for the treatment of certain Branch Office—Minneapolis ASCS Branch [F.R. Doc. 66-5427; Filed, May 17, 1966; specified conditions of swine. Office, 310 Grain Exchange Building, 8:51 a.m.] Minneapolis, Minn., 55415. Telephone: The withdrawal of this petition is 334-2051. without prejudice to a future filing. Minnesota, Montana, North Dakota, South Dated: May 11, 1966. Dakota, and Wisconsin. Branch Office—Portland ASCS Branch Of­ DEPARTMENT OF COMMERCE J . K . K ir k , fice, 1218 Southwest Washington Street, Assistant Commissioner Portland, Oreg., 97205. Telephone: 226- Maritime Administration 3361. for Operations. Idaho, Nevada, Oregon, Utah, and Wash­ OLD COLONY TRUST CO. [FJR. Doc. 66-5420; Filed, May 17, 1966; ington (Domestic & Export Sales), Ari­ 8:51 a.m.) zona and California .(Export Sales only), Notice of Approval of Applicant as branch Office—Berkeley ASCS Branch Of­ fice, 2020 Milvia Street, Berkeley, Calif., Trustee 94704. Telephone: Thornwall 1-5121. Arizona and California (Domestic Sales Notice is hereby given that Old Colony CIVIL AERONAUTICS BOARD only). Trust *Co. has been approved as a trustee pursuant to Public Law 89-346 and 46 [Docket 16187] PROCESSED COMMODITIES OFFICE— (ALL STATES) CFR 221.21-221.30. Minneapolis ASCS Commodity Office, 6400 COMPANIA DE AVIACION France Avenue South, Minneapolis, Minn., Dated: May 13, 1966. “ FAUCETT,” S.A. 55435. Telephone: 334-3200. M. I. Goodman, COTTON OFFICES— (ALL STATES) Notice of Prehearing Conference Chief, Office of Ship Operations. New Orleans ASCS Commodity Office, Wirth Application for a renewal of foreign Building, 120 Marais Street, New Orleans, [F.R. Doc. 66-5463; Filed, May 17, 1966; 9:00 a.m.] air carrier permit to engage in foreign La., 70112. Telephone: 527-7766. air transportation with respect to per­ GENERAL SALES MANAGER OFFICES sons, property and mail between a point Representative of General Sales Manager, or points in Peru, the intermediate point New York Area: Joseph Reidinger, 80 DEPARTMENT OF HEALTH, EDUCA­ Panama City, Panama, and the terminal Lafayette Street, New York, N.Y., 10013. Telephones: 264-8439, 8440, 8441. point Miami, Fla. Representative of General Sales Manager, TION, AND WELFARE Notice is hereby given that a prehear­ West Coast Area: Callan B. Duffy, Ap­ ing conference on the above-entitled praisers’ Building, Room 802, 630 Sansome Food and Drug Administration application is assigned to be held on May Street, San Francisco, Calif., 94111. Tele­ 31, 1966, at 10 a.m., e.d.s.t., in Room 911, phone: 556-6185. ATOMIC ENERGY COMMISSION Universal Building, 1825 Connecticut (Sec. 4, 62 Stat. 1070, as amended; 15 U.S.C. Notice of Filing of Petition for Food Avenue NW„ Washington, D.C., before 714b. Interpret or apply sec. 407, 63 Stat. Examiner Leslie G. Donahue. 1066; sec. 105, 63 Stat. 1051, as amended by Additive Gamma Radiation 76 Stat. 612; secs. 303, 306, and 307, 76 Stat. Pursuant to the provisions of the Fed­ Dated at Washington, D.C., May 13, 614-617; 7 U.S.C. 1441 (note)) eral Food, Drug, and Cosmetic Act (sec. 1966. 409(b)(5), 72 Stat. 1786; 21 U.S.C. 348 Signed at Washington, D.C., on [seal] F rancis W. B rown, May 12,1966. (b)(5)), notice is given that a petition Chief Examiner. H. D. Godfrey, (FAP 6M2024) has been filed by the U.S. Executive Vice President, Atomic Energy Commission, Washington, [F.R. Doc. 66-5421; Filed, May 17, 1966; Commodity Credit Corporation. D.C., 20545, proposing the issuance of a 8:51 a.m.] [F.R. Doc. 66-5426; Filed, May 17, 1966; regulation to provide for the safe use of 8:51 am.] gamma radiation from cobalt 60 or cesium 137 sources in the irradiation [Docket 16367] Office of the Secretary of fresh strawberries by an absorbed dose of 100 to 250 kilorads for the con­ EASTERN-MACKEY MERGER CASE TOBACCO INSPECTION AND PRICE trol of microbial spoilage. SUPPORT SERVICES Notice of Oral Argument Dated: May 11,1966. Notice of Public Hearing Regarding Notice is hereby given, pursuant to the J . K . K i r k , provisions of the Federal Aviation Act Application for Proposed New Assistant Commissioner of 1958, as amended, that oral argument Market at Yadkinville, N.C. for Operations. in the above-entitled matter is assigned Notice is hereby given of a public [F.R. Doc. 66-5419; Filed, May 17, 1966; to be held on June 8, 1966, at 10 a.m., hearing to be held upon the application 8:50 a.m.] e.d.s.t., in Room 1027, Universal Building, FEDERAL REGISTER, VOL. 31, NO. 96— WEDNESDAY, MAY 18, 1966 NOTICES 7257

1825 Connecticut Avenue NW., Washing­ Documents relating to the above proj­ fore the FAA to reconsider and modify ton, D.C., before the Board. ects may be examined at the Commis­ its order of April 19, 1963, pertaining to sion’s offices. All persons wishing to the “air hazard” issue also involved Dated at Washington, D.C., May 13, testify are requested to register in ad­ herein. F’avorable action on that plead­ 1966. vance with the Secretary to the Com­ ing by the Administrator of the FAA [seal] F rancis W. B rown, mission. may obviate the need for further litiga­ Chief Examiner. W. B rinton W hit all, tion in this proceeding; [F.R. Doc. 66-5422; Filed, May 17, 1966; Secretary. It further appearing, that good cause 8:51 ajn.] exists why said motion should be granted May 12, 1966. and there is no opposition thereto; [F.R. Doc. 66-5369; Filed, May 17, 1966; Accordingly, it is ordered, This 13th [Docket 16765] 8:46 a.m.] day of May 1966, that the motion is granted and the time for exchange of the HAWAIIAN AIRLINES, INC., AND Twin City Area Educational Television SKYWAY AIR CARGO, INC. FEDERAL COMMUNICATIONS Corp. exhibits is extended from May 23 Notice of Hearing to and including June 7, 1966: And it is further ordered, That the hearing now Notice is hereby given, pursuant to the COMMISSION scheduled for May 26, be and the same is provisions of the Federal Aviation Act of hereby rescheduled for June 20, 1966, 1958, as amended, that hearing on the [Docket Nos. 14755-14757; FCO 66M-686] 10 a.m., in the Commission’s offices, above-entitled complaint is assigned to Washington, D.C. be held on June 1, 1966, at 10 a.m., JUPITER ASSOCIATES, INC., ET AL. e.d.s.t., in Room 213, Universal Building, Order Scheduling Further Hearing Released: May 13,1966. 1825 Connecticut Avenue NW., Wash­ Conference F ederal Communications ington, D.C., before Examiner Barron Commission, Fredricks. In re applications of Jupiter Associates, Inc., Matawan, N.J., Docket No. 14755, [seal] B en F. W aple, Dated at Washington, D.C., May 13, File No. BP-14178; William S. Halpern Secretary. 1966. and Louis N. Seltzer doing business as [F.R. Doc. 66-5429; Filed, May 17, 1966; [seal] F rancis W. B rown, Somerset County Broadcasting Co., 8:52 a.m.] Chief Examiner. Somerville, N.J., Docket No. 14756, File [F.R. Doc. 66-5423; Filed, May 17, 1966; No. BP-14234; Radio Elizabeth, Inc., 8:51 a.m.] Elizabeth, N.J., Docket No. 14757, File [Docket No. 16258; FCC 66M-671] No. BP-14812; for construction permits. Upon the Hearing Examiner’s own AMERICAN TELEPHONE AND motion, it is ordered, this 13th day of TELEGRAPH CO. DELAWARE RIVER BASIN May 1966, that there will be a further hearing conference in this proceeding Order Extending Time for COMMISSION on May 20,1966, 10 a.m„ in the Commis­ Notification sion’s offices, Washington, D.C. COMPREHENSIVE PLAN In the matter of American Telephone Released; May 13, 1966. & Telegraph Co., and the Associated Bell Notice of Public Hearing System Cos., Docket No. 16258; charges Notice is hereby given that the Dela­ F ederal Communications for interstate and foreign communica­ Commission, tions service. ware River Basin Commission will hold [seal] B en F. W aple, a public hearing on May 25, 1966. The Secretary. The Telephone Committee having un­ hearing will take place in I^oom 1600 of der consideration its orders released the Municipal Services Building in Phil­ [F.R. Doc. 66-5428; Filed, May 17, 1966; Februrary 11, 1966 (FCC 66M-234), adelphia, Pa., beginning at 2 p.m. The 8:51 a.m.] April 11, 1966 (FCC 66M-507), and hearing will be on a proposal to amend April 28, 1966 (FCC 66M-596), insofar the Comprehensive Plan so as to include as they relate to the date by which In- the following projects: [Docket Nos. 15841-15843; FCC 66M-680] tervenors and the Commission staff are 1. Pottsville Sewer Authority. A pri­ required to give notification of the names mary sewage treatment plant to serve WTCN TELEVISION, INC. (WTCN-TV), and subject matters of the witnesses to the western section of the city of Potts­ ET AL. be presented by them in connection with ville, Schuylkill County, Pa. Treated Phase 1 of this proceeding; and having effluent averaging 500,000 gallons per Order Continuing Hearing also under consideration a letter from day will discharge to the West Branch In re applications of WTCN Television, counsel for the Bell System Respondents, of the Schuylkill River. Inc. (WTCN-TV), Minneapolis, Minn., dated May 2, 1966, and the “Supple­ 2. Haddon Township. A new well to Docket No. 15841, File No. BPCT-2850; mental Notice of Proposed Testimony of augment public water supply sources in Midwest Radio-Television, Inc. (WCCO- Bell System Respondents” transmitted Haddon Township, Camden County, N.J. TV), Minneapolis, Minn., Docket No. therewith, from which it appears that Withdrawal from the new well would be 15842, File No. BPCT-3292; United Tele­ significant testimony of Respondents will limited to an average of 1 million gallons vision, Inc. (KMSP-TV), Minneapolis, not be distributed until, or about, May per day during any month. Minn., Docket No. 15843, File No. BPCT- 31, 1966; and 3. Delaware State Hospital. Two new 3293; for construction permits. It further appearing that more effi­ wells to develop a supply of potable wa­ The Hearing Examiner having under cient progress may be made in the dis­ ter for Delaware State Hospital, Fam- consideration motion filed May 11, 1966, position of this matter if Intervenors hurst, New Castle County, Del. Each on behalf of WTCN Television, Inc. and Commission staff have a reasonable well is expected to yield about 300 gallons (WTCN-TV), Midwest Radio-Television, opportunity to Study all of Respondents’ per minute. Inc. (WCCO-TV), United Television, testimony before giving notification of 4. Willingboro Municipal Utilities Au­ Inc. (KMSP-TV), and Twin City Area the identity and subject matters of their thority. An increase in the withdrawal Educational Television Corp. (KTCA- witnesses; from an existing well in the Township TV and KTCI-TV), requesting further Accordingly, it is ordered, This 11th of Willingboro, Burlington County, N.J. continuance of the evidentiary hearing day of May 1966, that the time for notifi­ Present withdrawal of 4.8 million gallons and an exchange date; cation by Intervenors and the Commis­ per day will be increased to 6 million It appearing, that movants plead that sion staff of the names and subject mat­ gallons per day. there is presently pending a petition be­ ters of their witnesses in connection with

FEDERAL REGISTER, VOL. 31, NO. 96— WEDNESDAY, MAY 18, 1966 7258 NOTICES Phase 1 of this proceeding is extended 16,1966; formal or Informal requests for that, although the application had been from June 1, 1966, to July 1, 1966. additional information from other coun­ on file since late 1964 and the hearing Released: May 11, 1966. sel shall be made by all counsel on or issues were published in the F ederal before June 23, 1966; R egister on February 12, 1966, peti­ F ederal Communications It is further ordered, That the pre- tioners made no inquiry until March 24, Commission, hearing conference now scheduled for 1966. Columbia contends that it had [seal] B en F. W aple, June 6, 1966, be and the same is hereby reasonable assurance of availability of Secretary. rescheduled for July 6, 1966, 10 a.m., in the Palmetto Building site when it orig­ [F.R. Doc. 66-5430; Filed, May 17, 1966; the Commission’s offices, Washington, inally filed its application; and in sup­ 8:52 a.m.] D.C.; And it is further ordered, That the port of this contention it submitted hearing now scheduled for June 13,1966, affidavits of several persons (none of be and the same is hereby rescheduled whom is an owner or agent of the Pal­ [Docket Nos. 16368, 16369; FCC 66M-674J for July 25,1966,10 a.m., in the Commis­ metto Building) to the effect that Co­ CENTRAL BROADCASTING CORP., sion’s offices, Washington, D.C. lumbia had received oral assurance of AND SECOND THURSDAY CORP. Released: May 12, 1966. the availability of the Palmetto Build­ ing as its transmitter site. Order Continuing Hearing F ederal Communications 3. The affidavits on which the peti­ Commission, tioner and the applicant rely raise a In re applications of Central Broad­ [seal] B en F. W aple, question of fact ;which can be resolved casting Corp., Madison, Tenn., Docket Secretary. only upon the basis of evidence adduced No. 16368, File No. BPH-3773; Second [F.R. Doc. 66-5432; Filed, May 17, 1966; at a hearing; accordingly issues will be Thursday Corp., Nashville, Tenn., Dock­ 8:52 a.m.] added to determine the facts and cir­ et No. 16369, File No. BPH-3778; for con­ cumstances on the basis of which the struction permits. [Docket No. 16508; FCC 66R-187] applicant represented that it had as­ The Hearing Examiner having under surances of the availability of the Pal­ consideration the motion for extension ABLE PAGING SERVICE metto Building as its transmitter site, of procedural dates filed herein on May and whether the facts adduced as to 10, 1966 by Central Broadcasting Corp.; Memorandum Opinion and Order Enlarging Issues such representation reflect adversely It appearing, that all parties have con­ upon the applicant’s qualifications to be sented to immediate consideration and In re application of Columbia Tele­ a licensee of the Commission.2 It also grant of the said motion and that good phone Answering Service, Inc., doing appears that the applicant does not now cause for a grant thereof is shown; business as Able Paging Service, Co­ have a site for its base station, and hence It is ordered, This 11th day of May lumbia, S.C., Docket No. 16508, File No. a site availability issue will also be added. 1966 that the said motion is granted and 2587-C2-P-65; for a construction permit Accordingly, it is ordered, This 12th the date for exchange of exhibits to be to establish new facilities in the Domestic day of May 1966, that the motion to en­ offered in the direct presentations is Public Land Mobile Radio Service at large issues, filed April 11, 1966, by Com­ continued from May 12, 1966, to May 19, Columbia, S.C. munications Technical Sales, Inc., and 1966; and the date for commencement of 1. The Review Board has before it a L. Marion Evans, doing business as Tele­ hearing is continued from May 23, 1966, motion to enlarge issues filed jointly on phone Answering Service is denied; and to May 31, 1966, commencing at 10 a.m. April 11,1966, by Communications Tech­ It is further ordered, That, on the in the offices of the Commission at Wash­ nical Sales, Inc. (CTSI), and L. Marion Board’s own motion, the issues in this ington, D.C. Evans, doing business as Telephone proceeding are enlarged by the addition Released: May 12,1966. Answering Service (TAS), respondents of the following issues: in the proceeding herein.1 The peti­ To determine whether the applicant F ederal Communications tioners request an addition of issues to has a transmitting antenna site available Commission, determine whether Palmetto Building is for its proposed base station. [seal] B en F. W aple, available to the applicant, Columbia To determine the facts and circum­ Secretary. Telephone Answering Service, Inc., doing stances surrounding applicant’s repre­ [F.R. Doc. 66-5431; Filed, May 17, 1966; business as Able Paging Service (Colum­ sentation that it had available to it an 8:52 ajn.] bia), as the site of its proposed base antenna site on the Palmetto Building, station and whether the applicant has and whether such facts and circum­ demonstrated the necessary accuracy, stances adversely reflect upon its quali­ [Docket Nos. 16388,16389; FCC 66M-6761 completeness of information, and candor fications.3 required by Rule 1.65 in failing to apply D. H. OVERMYER COMMUNICA­ for permission to use the proposed base Released: May 13,1986. station site, and, if not, whether it TIONS CO., AND MAXWELL ELEC­ F ederal Communications TRONICS CORP. possesses the requisite character quali­ fications to be a licensee of the Com­ Commission, [seal] B en F. W aple, Order Continuing Hearing mission. The petitioners contend that Secretary. In re applications of D. H. Overmyer an inquiry on March 24, 1966, of the owner of Palmetto Building revealed [F.R. Doc. 66-5433; Filed, May 17, 1966; Communications Co., Dallas, Tex., Dock­ that the applicant has never applied for 8:52 a.m.] et No. 16388, File No. BPCT-3463; Max­ permission to use the building as its base well Electronics Corp., Dallas, Tex., station site; that, because of an agree­ Docket No. 16389, File No. BPCT-3489; 2 The petition was not filed within 15 days for construction permits. ment with TAS, the owner of the Pal­ after publication of the hearing issues in the The Hearing Examiner having under metto Building will not permit the appli­ F ederal R egister, and good cause for the consideration petition filed May 6, 1966, cant to use the building on which the delay of several weeks was not shown. The on behalf of D. H. Overmyer Communi­ TAS base station is located; and that, Board will, therefore, deny the petition on thus, the applicant will not be able to grounds of untimeliness. Because of the cations Co. requesting changes in cer­ construct its facilities as proposed in its important public interest question pre­ tain procedural dates heretofore estab­ application. These contentions are sup­ sented, the Board will, however, consider lished; ported by an affidavit of the Secretary- on its own motion the matters raised by the It appearing, that good cause exists pleadings. why said request should be granted with Treasurer of Palmetto Building, Inc. 8 Should the facts developed at the hear­ one slight variation and there is no ob­ 2. Columbia in opposition states that ing disclose that the applicant had a reason­ jection thereto; the petitioners’ motion is filed late, and able expectation of obtaining a site on the Palmetto Building, but that the site became Accordingly, it is ordered, This 12th 1 Also before the Review Board Is an op­ unavailable to the applicant as a result of day of May 1966, that the petition is position to motion to enlarge Issues, filed any conduct on the part of the respondent, granted in part and denied in part, and by Columbia Telephone Answering Service, such facts will be associated with the re­ the exchange of exhibits by all parties Inc., doing business as Able Paging Service spondent’s file for consideration at the time shall be accomplished on or before June on Apr. 18,1966. of renewal of its license. FEDERAL REGISTER, VOL. 31, NO. 96— WEDNESDAY, MAY 18, 19,66 NOTICES 7259

[Docket Nos. 16636, 16637; FCC 66-422] whether WCJU, Inc., is financially Notice of Agreement filed for approval qualified to construct and operate the by: HADDOX ENTERPRISES, AND WCJU, station for a period of 1 year. Mr. R. J. Flynn, Chairman, United States INC. 2. To determine, in the event issue one Gulf/Japan Cotton Pool, 11 Broadway, New is answered in the affirmative, which of York, N.Y., 10004. Order Designating Applications for the proposals would better serve the Consolidated Hearing on Stated public interest. Agreement 8682-4 among the member Issues lines of the United States Gulf/Japan 3. To determine in light of the evi­ Cotton Pool modifies the basic pool In re applications Haddox Enterprises, dence adduced pursuant to the foregoing agreement by deleting the fixed $20 per Inc., Columbia, Miss., requests: 96.7 me, issues, which of the applications for con­ ton figure allotted overcarrying carriers No. 244; 3 kw; 100 feet, Docket No. 16636, struction permit should be granted. as “adjustment charges” and providing Pile No. BPH-4532; WCJU, Inc., Colum­ 7. It is further ordered, That to avail that such “adjustment charges” shall, in bia, Miss., requests: 96.7 me, No. 244; 3 themselves of the opportunity to be the future, be raised or lowered ajs may kw; 57 feet, Docket No. 16637, File Ifo. heard, the applicants pursuant to § 1.221 be determined by the unanimous vote of BPH-5083; for Construction permits. (c) of the Commission’s rules, in person the member lines. . At a session of the Federal Communi­ or by attorney, shall, within 20 days of By order of the Federal Maritime Com­ cations Commission held at its offices in the mailing of this order, file with the mission. Washington, D.C. on the 11th day of May Commission in triplicate, a written appearance stating an intention to Dated: May 12,1966. 1966; appear on the date fixed for the hearing 1. The Commission has before it for T homas Lis i, consideration the above captioned and and present evidence on the issues Secretary. described applications which are mutu­ specified in this order. ally exclusive in that operation by the 8. It is further ordered, That the ap­ [F.R. Doc. 66-5440; Filed, May 17, 1966; applicants as proposed would cause mu­ plicants herein shall, pursuant to sec­ 8:52 a.m.] tually destructive interference. tion 311(a)(2) of the Communications 2. Data submitted by the applicants Act of 1934, as amended, and § 1.594 of [Docket No. 66-32] indicate that there would be a significant the Commission’s rules, give notice of the difference in the size of the populations hearing, either individually or, if feasible, CONFERENCE AGREEMENT and consistent with the rules, jointly, which would receive service from the Modification proposals. Consequently, for the pur­ within the time and in the manner poses of comparison, the areas and pop­ prescribed in such rule, and shall advise Whereas, on October 6, 1965, the Com­ ulations within the respective 1 mv/m the Commission of the publication of mission issued an order approving Agree­ contours together with the availability of such notice as required by § 1.594(g) of ment 5700-8 under section 15 of the Ship­ other FM services of at least 1 mv/m in the rules. ping Act, 1916, on condition that lan­ such areas will be considered under the Released: May 13,1966. guage changes be made in certain pro­ standard comparative issue for the pur­ visions thereof as specified in the order poses of determining whether a compara­ F ederal Communications granting conditional approval; and tive preference should accrue to either of Commission,1 Whereas, prior to the expiration of the [seal] B en F. W aple, the applicants. Secretary. time allotted for acceptance of the terms 3. WCJU, Inc., has stated that it is re­ of conditional approval, one of the mem­ lying in part on a $15,000 bank loan to [F.R. Doc. 66-5434; Filed, May 17, 1966; ber lines advised that certain language provide the funds required to construct 8:52 a.m.] (particularly the voting provision) was and operate the proposed station. If unacceptable and that it would not agree WCJU, Inc., is credited with this loan, to the required modifications; and it would have sufficient funds to Whereas, the conference is now fore­ finance construction and operation of the FEDERAL MARITIME COMMISSION closed from accepting the terms of con­ station for a period of 1 year. The UNITED STATES GULF/JAPAN ditional approval since such acceptance availability of this loan, however, has may be made only upon the unanimous not been demonstrated. According to COTTON POOL consent of all the member lines; and the June 28, 1965 bank letter, the com­ Notice of Agreements Filed for Whereas, the conference does not now mitment to provide the loan was- to re­ Approval have in effect acceptable self-policing main in effect for 120 days. Since this and membership provisions within the period has expired, an issue will be Notice is hereby given that the follow­ purview of the Commission’s General specified to determine whether these ing agreements have been filed with the Order 7, 46 CFR Part 528 and General funds continue to be available to finance Commission for approval pursuant to Order 9,46 CFR Part 523; and construction and operation of the station. section 15 of the Shipping Act, 1916, as Whereas, examination fails to show 4. Except as indicated by the issues set amended (39 Stat. 733, 75 Stat. 763, 46 the noncontroversial provisions of Agree­ forth below, each of the applicants is U.S.C. 814). ment No. 5700-8 to be unjustly discrim­ qualified to construct and operate as Interested parties may inspect,and ob­ inatory, or unfair as between carriers, proposed. tain a copy of the agreement(s) at the shippers, exporters, importers, or ports, 5. Accordingly, the Commission is un­ Washington Office of the Federal Mari­ or between exporters from the United able to make the statutory finding that time Commission, 1321 H Street NW., States and their foreign competitors, a grant of the subject applications would Room 609; or may inspect agreements detrimental to the foreign commerce of serve the public interest, convenience and at the offices of the District Managers, the United States, contrary to the pub­ necessity, and is of the opinion that they New York, N.Y., New Orleans, La., and lic interest or violative of the Shipping must be designated for hearing in a con­ San Francisco, Calif. Comments with Act, 1916; solidated proceeding on the issues set reference to an agreement including a Now, therefore, by virtue of the au­ forth below: request for hearing, if desired, may be thority vested in the Commission, 6. It is ordered, That pursuant to sec­ submitted to the Secretary, Federal It is ordered, That, with the exception tion 309(e) of the Communications Act Maritime Commission, Washington, D.C., of the items listed below, which are here­ of 1934, as amended, the applications 20573, within 20 days after publication inafter being made the subject of an in­ are designated for hearing in a consoli­ of this notice in the F ederal R egister. vestigation and hearing, Agreement No. dated proceeding, at a time and place to A copy of any such statement should also 5700-8 be and the same is hereby/ ap­ be specified in a subsequent order, upon be forwarded to the party filing the proved; the excepted items being as the following issues: agreement (as indicated hereinafter) follows: 1. To determine whether the $15,000and the comments should indicate that 1. Expansion of the conference trade specified in the WCJU, Inc., application this has been done. area to UJS. Great Lakes ports and es­ ia available in the form of a loan commit­ tablishing the UJS.A. Great Lakes ports ment or otherwise, and as a result 1 Commissioner Cox absent. rate committee, as envisioned in the

FEDERAL REGISTER, VOL. 31, NO. 96— WEDNESDAY, MAY 18, 1966 No. 96------7 7260 NOTICES preamble and subsection IV of Article ing or prehearing conference, shall be authorization to connect its facilities 14. mailed directly to all parties of record. with those of Tennessee Gas Transmis­ 2. The voting provision as contained in sion Co. (Tennessee) and for authoriza­ Article 5. By the Commission. tion to construct a pipeline from the It is further ordered, That, pursuant to THomas Lis i, Fitchburg-Westminster, Mass., town section 15 and 22 of the Shipping Act, Secretary. line to Gardner, Mass., for the transpor­ 1916, the Commission, upon its own mo­ Appen d ix A tation of natural gas, all as more fully tion enter upon an investigation and New York Freight Bureau, Hong Kong, Mr. set forth in the application which is on hearing for the taking of evidence to D. Parker, Chairman/Secretary, P & O file with the Commission and open to determine : BuUding, 17th Floor, 77 Des Voeux Road public inspection. 1. Whether, if the Commission ap­ Central, Hong Kong, B.C.C. By the instant application, Pipeline American President Lines, Ltd., 29 Broadway, proposes to construct a lateral pipeline proves the proposal to expand the scope New York, N.Y., 10006. of the conference to include two separate, Barber-Wilhelmsen Line, Joint Service, c/o extending approximately 8 miles from distinct and normally competitive trade Barber Steamship Line, Inc., 17 Battery Gardner, Mass., to a point at or near the areas without insuring the reservation of Place, New York, N.Y., 10004. Fitchburg-Westminster town line, where autonomous authority to set rates and Blue Sea Line, c/o Funch, Edye & Co., 25 it will connect with the facilities of conditions of carriage to the lines serving Broadway, New York, N.Y., 10004. Fitchburg. Pipeline also proposes to the respective areas, it would not oper­ Central Gulf Steamship Oorp., 1 Whitehall construct a regulating station at the Street, New York, NY., 10004. Gardner connection. ate in violation of section 16, First, of Japan Line, Ltd., c/o A. L. Burbank & Co., the act by giving undue or unreasonable Ltd., 120 Wall Street, New York, N.Y., 10005. The application states that after Ap­ preference or advantage to any particular Kawasaki Kisen Kaisha, Ltd., c/o Kerr Steam­ plicants filed their original application in person, locality, or description of traffic ship Co., 51 Broad Street, New York, N.Y., the instant docket, Fitchburg offered to in any respect, whatsoever, or subject 10004. sell Gardner its natural gas require­ any particular person, locality, or de­ Lykes Bros. Steamship Co., Inc., 17 Battery ments. The application further states scription of traffic to any undue or un­ Place, New York, N.Y., 10004. that the length of the gas line from reasonable prejudice or disadvantage in Marchessini Lines, c/o P. D. Marchessini & Gardner’s point of taking to the point of Co., Inc., 26 Broadway, New York, N.Y., delivery to Pipeline will be shortened any respect whatsoever, or would in any 10004. other manner be detrimental to the com­ Maritime Co. of the Philippines, Inc., c/o Fur­ from 16^ miles to 8 miles thereby reduc­ merce of the United States, contrary to ness, Withy & CO., Ltd., 34 Whitehall Street, ing the cost of gas to Gardner and the public interest or otherwise viola­ New York, N.Y., 10004. enabling Gardner to operate more tive of any other provision of the Ship-, Mitsui O.S.K. Lines, Ltd., 17 Battery Place, economically. ping Act; New York, N.Y., 10004. The total estimated peak day require­ Moller-Maersk Lines, A.P., c/o Moller Steam­ ments of Gardner are stated to be: 2. Whether the conditions peculiar to ship Co., Inc., 67 Broad Street, New York, the trade area served are such that the N.Y., 10004. terms of the basic agreement should be Nedlloyd Lines, Inc., 25 Broadway, New York, 1966 1967 1968 1969' 1970 modified only with the unanimous con­ N.Y., 10004. sent of all the member lines; Nippon Yusen Kaisha, Ltd., 25 Broadway, 500 Mcf__ 850 Mcf. 950 M cf.. 1100 Mcf. 1300 Mcf. 3. Whether the self-policing provi­ New York, N.Y., 10004. States Marine Lines, Joint Service, c/o States sion—Article 10(h) should not be modi­ Marine—Isthmian Agency, Inc., 90 Broad The total estimated cost of Applicants’ fied by adding the following language so Street, New York, N.Y., 10004. proposed construction is $285,000, which that the rights and duties of the member United Philippine Lines, Inc., c/o Stockard will be financed from current funds and lines shall be fully and completely set Shipping Co., Inc., 17 Battery Place, New a first mortgage. forth therein: York, N.Y., 10004. Protests or petitions to intervene may United States Lines Co. (American Pioneer be filed with the Federal Power Commis­ However, It shall not he a breach of this Line), 1 Broadway, New York, N.Y., 10004. sion, Washington, D.C., 20426, in accord­ agreement for any line to refer any matter Yamashita-Shimiihon Steamship Co., Ltd., arbitrated to the Federal Maritime Commis­ c/o Texas Transport & Terminal Co., Inc., ance with the rules of practice and pro­ sion for a decision as to whether or not the 52 Broadway, New York, N.Y., 10004. cedure (18 CFR 1.8 or 1.10) and the regu­ matter arbitrated constitutes a modification lations under the Natural Gas Act of this agreement. [F.R, Doc. 66-5441; Filed, May) 17, 1966; (157.10) on or before June 9, 1966. 8:53 a.m.] It is further ordered, That the carriers J oseph H. G utride, listed in Appendix A hereto be party « Secretary. respondents in this proceeding; and [F.R. Doc. 66-5370; Filed, May 17, 1966; It is further ordered, That this pro­ FEDERAL POWER COMMISSION 8:46 a.m.] ceeding be assigned for public hearing [Docket No. CP66-245] before an examiner of the Commission’s office of Hearing Examiners and that the GARDNER GAS FUEL & LIGHT CO. [Docket No. CP66-349] hearing be held at a date and place to AND GARDNER PIPELINE, INC. be determined and announced by the UNITED NATURAL GAS CO., AND presiding examiner; and Notice of Amended Application IROQUOIS GAS CORP. It is further ordered, That notice of May 11, 1966. Notice of Application this order be published in the F ederal Take notice that on May 4,1966, Gard­ R egister and that a copy thereof and ner Gas Fuel & Light Co. (Gardner) and M a y 11, 1966. notice of hearing be served upon respond­ Gardner Pipeline, Inc. (Pipeline) , 60 Take notice that on May 2, 1966, ents; and Park Place, Newark, N.J., 07102 (col­ United Natural Gas Co. (United), 308 It is further ordered, That any person, lectively referred to as Applicants), filed Seneca Street, Oil City, Pa., 16301, and other than respondents, who desires to in Docket No. CP66-245 an amendment Iroquois Gas Corp. (Iroquois), 10 Lafay­ become a party to this proceeding and to the application filed in said docket on ette Square, Buffalo, N.Y., 14203 (collec­ participate therein, shall file a motion February 2, 1966 (31 F.R. 2873), pursu­ tively referred to as Applicants), filed in to intervene with the Secretary, Federal ant to sections 7(a) and 7(c) of the Docket No. CP66-349 an application for Maritime Commission, Washington, D.C., Natural Gas Act, withdrawing the 7(a) a certificate of public convenience and 20573, on or before May 31, 1966, with portion of said application and amend­ necessity authorizing the construction copy to parties; ing the 7(c) portion thereof by request­ and operation of certain natural gas And it is further ordered, That all ing authorization for the connection of facilities, all as more fully set forth in future notices issued by or on behalf of Pipeline’s facilities with those of Fitch­ the application which is on file with the the Commission in this proceeding, in­ burg Gas & Electric Light Co. (Fitch­ Commission and open to public in­ cluding notice of time and place of hear­ burg) in lieu of the original request for spection.

FEDERAL REGISTER, VOL. 31, NO. 96— WEDNESDAY, MAY 18, 1966 NOTICES 7261

Specifically, United proposes to con­ lic convenience and necessity authorizing Under the procedure herein provided struct and operate 8 miles of 24-inch the construction of approximately 11.0 for, unless otherwise advised, it will be transmission pipeline extending from a miles of 6-inch pipeline between Newman unnecessary for Applicant to appear or point in Potter County, Pa., near United’s Grove and Norfolk, Nebr., to parallel an be represented at the hearing. Ellisburg compressor station to the existing 6-inch pipeline, and for permis­ J oseph H. Gutride, Pennsylvania State line. Simultane­ sion and approval for the removal of Secretary. approximately 25.5 miles of 6-inch and ously, Iroquois proposes to construct [F.R. Doc. 66-5372; Filed, May 17, 1966; and operate 75 miles of 24-inch trans­ 8-inch pipeline between Mitchell and 8:46 am.] mission pipeline extending from the Northport, Nebr., all as more fully set terminus of United’s proposed construc­ forth in the application which is on file tion at the Pennsylvania State line to a with the Commission and open to public [Docket No. CP66-352] point in Erie County, N.Y., near the city inspection. UNITED GAS PIPE LINE CO., AND of Buffalo. Applicant states that it has approxi­ SOUTHERN NATURAL GAS CO. Applicants state that the increased mately 11.0 miles of 6-inch, old, recon­ capacity to be provided by the new pipe­ ditioned pipeline, installed in 1951 in its Notice of Application line is required for the substantial in­ line between Newman Grove and Nor­ May 11, 1966. creases in the Iroquois distribution mar­ folk, Nebr., and that in view of the age ket in the State of New York, particularly of this pipeline it believes it necessary to Take notice that on May 3,1966, United the Buffalo-Niagara Palls distribution operate this section at a lower pressure Gas Pipe Line Co. (United), Post Office area. than it has been operated in the past. Box 1407, Shreveport, La., 71102, and The total estimated cost of Applicants’ Applicant further states that the most Southern Natural Gas Co. (Southern), proposed construction is $8,172,000, economical means to replace the capacity Post Office Box 2563, Birmingham, Ala., which cost will be financed in part out that will be lost by lower operating pres­ 35202 (collectively referred to as Appli­ of available company funds and in part sure is to parallel this 11.0 miles of 6- cants) , filed in Docket No. CP66-352 an from funds to be obtained by issuing to inch pipeline with a new 6-inch pipeline. application pursuant to section 7(c) of the Natural Gas Act for a certificate of their parent corporation, National Fuel The application states that due to the Gas Co., notes or stock, or both, at face public convenience and necessity author­ poor condition of the aforementioned 6- izing the replacing and rearranging of or par value. inch and 8-inch pipeline extending be­ Protests or petitions to intervene may existing metering facilities at the existing tween Mitchell and Northport, Nebr., Ap­ point of interconnection in West Carroll be filed with the Federal Power Commis­ plicant has found it necessary to reduce sion, Washington, D.C., 20426, in accord­ Parish, La., and the use of another exist­ the operating pressure of said pipeline to ing point of interconnection near Kosci­ ance with the rules of practice and pro­ 100 p.s.i.g. and to use it only to serve the cedure (18 CFR 1.8 or 1.10) and the usko, Attala County, Miss., in order to rural customers connected to it. The implement the exchange of gas between regulations under the Natural Gas Act application further states that since (157.10) on or before June 8, 1966. the parties, as more fully set forth in the there are no rural customers being served application which is on file with the Take further notice that, pursuant to on much of the line (approximately 25.5 the authority contained in and subject to Comrhission and open to public inspec­ miles) it is no longer needed and Appli­ tion. the jurisdiction conferred upon the Fed­ cant believes it is more economical to eral Power Commission by sections 7 and Specifically, Applicants propose to re­ permanently abandon and to salvage the place and rearrange existing metering 15 of the Natural Gas Act and the Com­ pipeline. Applicant states that the re­ mission’s rules of practice and procedure, facilities at United's intersection with moval apd abandonment of the 25.5 miles Southern’s 22-inch gas pipeline in sec. 23, a hearing will be held without further of pipeline will not affect service to any notice before the Commission on this T. 20 N., R. 10 E., West Carroll Parish, of its existing customers and will elimi­ La. The existing facilities were installed application if no protest or petition to nate the maintenance and leakage pres­ intervene is filed within the time required prior to the passage of the Natural Gas ently experienced thereon. Act. Applicants state that United will herein, if the Commission on its own re­ The total estimated cost of Applicant’s view of the matter finds that a grant of own, operate and maintain any and all proposed construction is $115,000, which facilities necessary to effect the exchange the certificate is required by the public will be financed from current working convenience and necessity. If a protest of natural gas, provided, that Southern or petition for leave to intervene is timely capital. will own any tap and flange connections filed, or if the Commission on its own Protests or petitions to intervene may that may be existing on Southern’s fa­ motion believes that a formal hearing is be filed with the Federal Power Commis­ cilities at the point of delivery in West required, further notice of such hearing sion, Washington, D.C., 20426, in accord­ Carroll Parish, La. will be duly given. ance with the rules of practice and pro­ Applicants also seek authorization for Under the procedure herein provided cedure (18 CFR 1.8 or 1.10) and the the exchange of equivalent volumes of for, unless otherwise advised, it will be regulations under the Natural Gas Act gas pursuant to an agreement dated unnecessary for Applicant to appear or (157.10) on or before June 8, 1966. March 10, 1966, which provides for said be represented at the hearing. Take further notice that, pursuant to exchange at two points of interconnec­ the authority contained in and subject tion between their systems in West Car- J oseph H. Gutride, to the jurisdiction conferred upon the roll Parish, La., and near Kosciusko, At­ Secretary. Federal Power Commission by sections tala County, Miss. Applicants state that [F.R. Doc. 66-5371; Piled, May 17, 1966; 7 and 15 of the Natural Gas Act and the service by United to its Delhi-Oak Grove- 8:46 a.m.] Commission’s rules of practice and pro­ Lake Providence, La., area can be pro­ cedure, a hearing will be held without tected without disruption to Southern’s further notice before the Commission on operations by the delivery of gas by [Docket No. CF66-351 ] this application if no protest or petition Southern to United at one point of inter­ KANSAS-NEBRASKA NATURAL GAS to intervene is filed within the time re­ connection and the return of correspond­ CO., INC. quired herein, if the Commission on its ing amounts of gas by United to South­ own review of the matter finds that a ern at the other point of interconnection. Notice of Application grant of the certificate and permission The total estimated cost of Applicants’ and approval for the proposed abandon­ proposed construction is $2,980, which M a y 11,1966. will be financed from funds on hand. Take notice that on May 2, 1966, ment are required by the public con­ Protests or petitions to intervene may Kansas-Nebraska Natural Gas Co., Inc. venience and necessity. If a protest or be filed with the Federal Power Commis­ (Applicant), 300 North St. Joseph Ave­ petition for leave to intervene is timely sion, Washington, D.C., 20426, in accord­ nue, Hastings, Nebr., 68901, filed in filed, or if the Commission on its own ance with the rules of practice and pro­ Docket No. CP66-351 an application pur­ motion believes that a formal hearing is cedure (18 CFR 1.8 or 1.10) and the regu­ suant to sections 7(b) and 7(c) of the required, further notice of such hearing lations under the Natural Gas Act (157.- Natural Gas Act for a certificate of pub­ will be duly given. 10) on or before June 9, 1966.

FEDERAL REGISTER, VOL. 31, NO. 96— WEDNESDAY, MAY 18, 1966 7262 NOTICES Take further notice that, pursuant to ruary 3, 1966, by Hunt Oil Co. and was ico, together with the construction and the authority contained in and subject to denied by order issued March 4, 1966. operation of any facilities subject to the the jurisdiction conferred upon the Fed­ An order denying rehearing of said order jurisdiction of the Commission necessary eral Power Commission by sections 7 and was issued on April 26,1966. No further therefor, all as hereinbefore described 15 of the Natural Gas Act and the Com­ petitions for leave to intervene have been and as more fully described in the Ap­ mission’s rules of practice and proce­ received. pendix hereto and in the applications in dure, a hearing will be held without fur­ At a hearing held on May 5, 1966, the this proceeding. - ther notice before the Commission on Commission on its own motion received (B) The certificates granted in para­ this application if no protest or petition and made a part of the record in this graph (A) above are not transferable and to intervene is filed within the time re­ proceeding all evidence, including the shall be effective only so long as Appli­ quired herein, if the Commission on its applications, submitted in support of the cants continue the acts or operations own review of the matter finds that a authorizations sought herein, and upon hereby authorized in accordance with the grant of the certificate is required by the consideration of the record, provisions of the Natural Gas Act and public convenience and necessity. If a The Commission finds : the applicable rules, regulations, and protest or petition for leave to intervene (1) Each Applicant herein is a “nat­ orders of the Commission, and partic­ is timely filed, or if the Commission on ural-gas company” within the meaning ularly, its own motion believes that a formal of the Natural Gas Act as heretofore (a) The subject certificates shall be hearing is required, further notice of found by the Commission. applicable only to all previous and all such hearing will be duly givèn. (2) The sales of "natural gas herein­ future “small producer sales,” as defined Under the procedure herein provided before described, as more fully described in § 157.40(a) (3) of the regulations un­ for, unless otherwise advised, it will be in the applications herein and in the Ap­ der the Natural Gas Act, from the Per­ unnecessary for Applicant to appear or pendix hereto, will be made in interstate mian Basin area, be represented at the hearing. commerce subject to the jurisdiction of the Commission, and such sales by Ap­ (b) Sales shall not be at rates in excess J oseph H. Gutride, plicants, together with the construction of those set forth in § 157.40(b) (1) of the Secretary. and operation of any facilities subject to regulations under the Natural Gas Act, [F.R. Doc. 66-5373; Filed, May 17, 1966; the jurisdiction of the Commission nec­ and 8:46 a.m.] essary therefor, are subject to the re­ (c) Applicants shall file annual state­ quirements of subsections (c) and (e) of ments pursuant to § 154.104 of the reg­ section 7' of the Natural Gas Act. ulations under the Natural Gas Act. [Docket Nos. CS66-6—OS66-9] (3) Applicants are able and willing (C) The certificates granted in para­ LUCY G. MOSES ET AL. properly to do the acts and to perform graph (A) above shall remain in effect the service proposed and to conform to for small producer sales until the Com­ Findings and Order After Statutory the provisions of the Natural Gas Act and mission on its own motion or on applica­ Hearing the requirements, rules and regulations tion terminates said certificates because of the Commission thereunder. Applicants no longer qualify as small May 11,1966. (4) Applicants are independent pro­ producers or fail to comply with the Lucy G. Moses, Docket No. CS66-6; ducers of natural gas who are not affili­ requirements of the Natural Gas Act, the Henry and Lucy Moses Foundation ated with natural gas pipeline companies regulations thereunder, or the terms of Trust, Docket No. CS66-7; Bankers and whose total jurisdictional sales on the certificates. Upon such termination Trust Co. as Trustee of William L. a nationwide basis, together with sales of Applicants will be required to file sep­ Hemstadt 1950 Trust, Docket No. CS66- affiliated producers, were not in excess arate certificate applications and indi­ 8; Estate of William L. Hernstadt, de­ of 10,000,000 Mcf at 14.65 p.s.i.a. during vidual rate schedules for future sales. ceased, Docket No. CS66-9. thé preceding calendar year. To the extent compliance with the terms Each Applicant herein has filed an ap­ (5) The sales of natural gas by Appli­ and conditions of this order is observed, plication pursuant to section 7(c) of the cants, together with the construction and the small producer certificates will still Natural Gas Act and § 157.40 of the operation of any facilities subject to the be effective as to those sales already regulations thereunder for a small pro­ jurisdiction of the Commission necessary included thereunder. ducer certificate of public convenience therefor, are required by the public con­ (D) The grant of the certificates and necessity authorizing the sale for re­ venience and necessity, and small pro­ issued in paragraph (A) above shall not sale and delivery of natural gas in inter­ ducer certificates of public convenience be construed as a waiver of the require­ state commerce from the Permian Basin and necessity therefor should be issued as ments of section 7 of the Natural Gas area of Texas and New Mexico, all as hereinafter ordered and conditioned. Act or Part 157 of the Commission’s more fully set forth in the Appendix (6) It is necessary and appropriate in regulations thereunder, and is without hereto and in the applications. carrying out the provisions of the Na­ prejudice to any findings or orders which Applicants have heretofore been au­ tural Gas Act that the certificates here­ have been or may hereafter be made by thorized to sell natural gas from the Per­ tofore issued to Applicants for sales of the Commission in any proceeding now mian Basin area; and, therefore, the natural gas from the Permian Basin, pending or hereafter instituted by or small producer certificates issued to which sales will be continued under the against the respective Applicants. Fur­ them shall be effective on the date of this small producer certificates issued here­ ther, our action in this proceeding shall order. Applicants’ presently effective inafter, should be terminated, and the not foreclose nor prejudice any future certificates for sales from the Permian related FPC gas rate schedules should be proceedings or objections relating to the Basin area proposed to be continued canceled. operation of any price or related pro­ under small producer certificates will be (7) It is necessary and appropriate in visions in the gas purchase contracts terminated and the related FPC gas rate carrying out the provisions of the Natural herein involved. Nor shall the grant of schedules will be canceled. Gas Act that the proceedings pending in the certificates aforesaid for service to Applicants have heretofore filed in­ Docket Nos. RI62-116, RI62-117, RI62- the particular customers involved imply creases in rate which were suspended in 118, and RI62-124 should be severed from approval of all of the terms of the Docket Nos. RI62-116, RI62-117, RI62- the proceeding on the Order To Show respective contracts, particularly as to 118, and RI62-124 and have not been Cause issued August 5, 1965, in Docket the cessation of service upon termination made effective. Said suspension pro­ No. AR61-1, et al., and terminated. of said contracts, as provided by section ceedings, which are consolidated with The Commission orders: the proceeding on the Order To Show (A) Small producer certificates of7 (b) of the Natural Gas Act. Nor shall Cause issued August 5, 1965, in Docket public convenience and necessity are is­ the grant of the certificates aforesaid No. AR61-1, et al., will be severed from sued upon the terms and conditions of be construed to preclude the imposition said proceeding and terminated. this order authorizing the sale for resale of any sanctions pursuant to the provi­ After due notice no notices of inter­ and delivery of natural gas in interstate sions of the Natural Gas Act for the vention have been received. A petition commerce by Applicants from the Per­ unauthorized commencement of any for leave to intervene was filed on Feb­ mian Basin area of Texas and New Mex­ sales subject to said certificates.

FEDERAL REGISTER, VOL. 31, NO. 96— WEDNESDAY, MAY 18, 1966 NOTICES 7263

(E) The small producer certificates the east side of Applicant. Applicant successful bidder in the bids submitted issued herein shall be effective on the also proposes to construct a complete by such bidder upon competitive bidding. date of this order. distribution system to serve all pro­ According to the Applicant the net (P) The certificates heretofore issued spective customers in Applicant and vi­ proceeds from the sale of the New Bonds to Applicants for sales proposed to be cinity, including the adjoining unincor­ will be used first to discharge short-term continued under small producer certifi­ porated area known as Markham City, bank loans to be incurred prior to the cates are terminated and the related and along the proposed transmission line, sale of the New Bonds to secure funds for FPC gas rate schedules are cancelled. including the Village of Keenes. construction purposes (which at Apr. 30, (G) The proceedings pending in The total estimated volumes of natural 1966, amounted to $14 million) and sec­ Docket Nos. RI62-116, RI62-117, RI62- gas necessary to meet Applicant’s annual ond to provide a portion of the funds 118, and RI62-124 are severed from the and peak day requirements for the ini­ required for the construction or acquisi­ proceeding on the Order to Show Cause tial 3-year period of proposed operations tion of permanent improvements, exten­ issued August 5, 1965, in Docket No. are stated to be: sions and additions to the Applicant’s AR61-1, et al., and terminated. property. The plans call for the expend­ First Second Third iture of approximately $141.7 million in By the Commission. year year year 1966 for the construction or acquisition [seal] J oseph H. Gutride, of property additions. The 1966 expend­ Secretary. Annual (Mcf)______34,799 44,275 53,969 iture includes an estimated $31.5 mil­ Peak day (Mei)______399 538 678 Appendix lion on generating stations, including an estimated $29 million on the second unit Canceled Terminated The total estimated .cost of Applicant’s of 385 mw rated capacity of the James H. Docket FPC certificate proposed transmission and distribütion Campbell plant, located 10 miles north No. and Applicant gas rate docket schedule No. facilities is $290,000, which will be of Holland, Mich. filing date financed through the issuance of gas Any person desiring to be heard or to revenue bonds. make any protest with reference to said CS66-6...... Lucy G. Moses___ 41 G-20378 Protests or petitions to intervene may application should oil or before June 8, 9-17-65 12 G-20378 be filed with the Federal Power Commis­ 1966, file with the Federal Power Com­ CS66-7____ Henry & Lucy 2 3 1 Ó-20370 9-17-65 Moses Founda­ 2 3 2 G-20370 sion, Washington, D.C., 20426, in ac­ mission, Washington, D.C., 20426, peti­ tion Trust. cordance with the rules of practice and tions or protests in accordance with the CS66-8____ Bankers Trust 41 G-20369 9-21-65 Co., Trustee. 4 2 G-20369 procedure (18 CFR 1.8 or 1.10) on or be­ requirements of the Commission’s rules CS66-9__ _ Estate of William 5 0 1 G-20373 fore June 8. 1966. of practice and procedure (18 CFR 1.8 or 9-24-65 L. Hemstadt, 6 0 2 G-20373 1.10). The application is on file and deceased. Joseph H. Gutride, Secretary. available for public inspection. 1 Increase in rate is suspended in Docket No. RI62-117- [F.R. Doc. 66—5379;/ Filed, May 17. 1966; J oseph H. Gutride, and is not effective. ? Bate schedules are designated as H. L. Moses FPC 8:47 a.m.] Secretary. Gas Rate Schedule Nos. 1 and 2. 3 Increase in rate is suspended in Docket No. RI62-116 [F.R. Doc. 66-5380; Filed, May 17, 1966; and is not effective. [Docket No. E-7289] 8:47 a.m.] 4 Increase in rate is suspended in Docket No. RI62-124 and is not effective. 8 Rate schedules are designated as William L. Hem- CONSUMERS POWER CO. stadt FPC Gas Rate Schedule Nos. 1 and 2. 6 Increase in rate is suspended in Docket No. RI62-118 Notice of Application and is not effective. INTERAGENCY TEXTILE May 10, 1966. [F.R. Doc. 66-5374; Filed, May 17, 1966; 8:46 a.m.] Take notice that on May 5,1966, Con­ ADMINISTRATIVE COMMITTEE sumers Power Co. (Applicant), filed an application with the Federal Power Com­ CERTAIN COTTON TEXTILES AND [Docket No. CP66-350] mission pursuant to section 204 of the COTTON TEXTILE PRODUCTS Federal Power Act seeking authority to VILLAGE OF BLUFORD, ILL., AND issue and sell at competitive bidding First Announcement of ITAC Actions and TRUNKLINE GAS CO. Mortgage Bonds in the aggregate princi- Restraint Levels . pal amount of $65 million. Applicant is Notice of Application incorporated under the laws of the State May 13, 1966. of Maine and is qualified to do business The purpose of this notice is to an­ M a y 10, 1966. in Michigan with its principal place of nounce certain actions taken by the U.S. Take notice that on May 2, 1966, the business office at Jackson, Mich., and is Government in furtherance of the objec­ Village of Bluford, Jefferson County, 111. engaged in the generation, purchase, dis­ tives of, and under the terms of, the (Applicant), filed in Docket No. CP66- tribution and sale of electricity in 1,522 Long-Term Arrangements Regarding 350 an application pursuant to section communities and townships including International Trade in Cotton Textiles, 7(a) of the Natural Gas Act for an order rural areas, and in the purchase, distri­ done at Geneva on February 9, 1962. of the Commission directing Trunkline bution and sale of natural gas in 658 This information is also published in De­ Gas Co. (Respondent) to establish physi­ communities and townships all in the partment of Commerce Press Release cal connection of its transportation fa­ State of Michigan. G 66-89, dated May 9, 1966, and supple­ cilities with the facilities proposed to be The New Bonds which Applicant pro­ ments that contained in earlier Depart­ constructed by Applicant and to sell and poses to issue on or about July 20, 1966 ment of Commerce press releases, the deliver to Applicant volumes of natural will mature on July 1, 1996 and will not most recent of which was G 66-39, dated gas for resale and distribution in Ap­ have any voting privileges. The New February 8, 1966. plicant, all as more fully set forth in the Bonds will constitute an additional se­ 1. Bilateral agreements. On April 22, application which is on file with the ries of First Mortgage Bonds to be issued 1966, notes were exchanged amending Commission and open to public inspec­ under the Applicant’s indenture dated the bilateral cotton textile agreement tion. as of September 1, 1945, and to be sup­ with the Republic of China. (See De­ Applicant proposes to interconnect a plemented by all indentures supplemen­ partment of State Release No. 97 of lateral pipeline with Respondent’s pipe­ tal thereto, including a 13th supplemen­ April 26, 1966.) line near the point where said pipeline tal to be dated as of July 1, 1966. The 2. Completed Article 3 restraint ac­ crosses Illinois State Highway No. 15 and company proposes to sell the New Bonds tions. Discussions have been completed from this point of connection to con­ at competitive bidding in accordance with the governments of the following struct1 a 3-inch high pressure lateral with the applicable requirements of the countries in regard to restraints pre­ extending westward along said highway Commission’s Regulations under the viously requested in various categories. a distance of approximately 5 Vz miles to Federal Power Act. The interest rate Final figures have been set for these the town border station to be located at of the Bonds will be determined by the restraints in the quantities indicated and

FEDERAL REGISTER, VOL. 31, NO. 96— WEDNESDAY, MAY 18, 1966 7264 NOTICES for the 12-month period beginning on shares are offered to the public at a price quest shall be served personally or by the effective date: which includes a sales charge in addi­ mail (airmail if the person being served tion to the net asset value which Appli­ is located more than 500 miles from the Country Effective date Category Quantity cant receives from the underwriter point of mailing) upon Applicant, at the through whom such offering is made. address set forth above. Proof of such Singapore. Apr. 1,1966 31 (shop 13.850.000 pieces. However, since the shares of Applicant service (by affidavit, or in case of an at­ towels will be exchanged at their net asset value torney at law, by certificate) shall be filed only). 43______33.000 dozen. for Pan American’s assets on the basis contemporaneously with the request. At 45_____ 20.000 dozen. of the net value of Pan American’s assets any time after said date, as provided by 46_____ 30,OOP dozen. after an adjustment has been made 5 0 _____ 79.000 dozen. Rule 0-5 of the rules and regulations pro­ 51...... 46.000 dozen. therein to compensate for the differences mulgated under the Act, an order dis­ 60_____ 100.000 dozen. in the capital appreciation included in posing of the application may be issued Pakistan.. Dec. 23,1965 26 (duck 2.200.000 s yds. only). the valuation of Applicant’s assets and by the Commission upon the basis of the Pan American’s assets respectively, an information stated in the application un­ exemption is requested. On the basis of exceptional circum- less an order for hearing upon said ap­ stances in the case of Pakistan, an addi­ Pan American, a New York corpora­ plication shall be issued upon request or tional 5,500,000 square yards of duck in tion, is a personal holding company with upon the Commission’s own motion. three shareholders. Pursuant to an For the Commission (pursuant to Category 26 can be shipped from agreement between Applicant and Pan delegated authority). Pakistan during the period from Decem­ American, substantially all the assets of ber 23, 1965, to June 30, 1966. Pan American will be transferred to Ap­ [seal] Orval L. D tjB ois, 3. Other actions. (1) Bilateral con­ Secretary. sultations on trade in cotton textiles plicant in exchange for stock of Appli­ have been continuing with the Republic cant which will thereafter be distributed [F.R. Doc. 66-5363; Filed, May 17, 1966; to shareholders of Pan American in com­ 8:45 a.m.] of Korea, Hong Kong, and other plete liquidation. Neither Pan Ameri­ countries. (2) On April 13, 1966, the Unitedcan nor its shareholders have any present intention of redeeming shares of Ap­ [22-3450, 22-4121] States agreed, on an exceptional one­ plicant following the aforementioned time basis, to permit Yugoslavia to ship exchange. GENERAL AMERICAN TRANSPOR­ 156,248 sheets in Category 34 during the The application and the exhibits an­ current agreement year on the basis of TATION CORP. a compensating adjustment in Category nexed thereto indicate that the amount 31. of stock of Applicant to be delivered to Notice of Application and Oppor­ Pan American will be determined by di­ tunity for Hearing S tanley N ehmer, viding the net asset value per share of Chairman, Interagency Textile May 11,1966. Administrative Committee, Applicant into the value of the net assets and Deputy Assistant Secre­ of Pan American, as adjusted. The ad­ Notice is hereby given that General tary for Resources. justment, which is to be made in the American Transportation Corp. (“Com­ manner stated in the application, is to pany”) has filed an application pursuant [F.R. Doc. 66-5442; Filed, May 17, 1966; compensate Applicant for potential Fed­ to clause (ii) of section 310(b) (1) of the 8:53 a.m.] eral income taxes which would become Trust Indenture Act of 1939 (herein­ payable upon the realization of the ap­ after referred to as the Act) for a finding preciation in the value of the securities by the Commission that the trusteeship of Pan American to the extent that any of the Manufacturers Hanover Trust Co. SECURITIES AND EXCHANGE such appreciation may proportionately (Manufacturers Trust) under the in­ exceed the appreciation in the value of dentures with respect to seven existing COMMISSION the securities of Applicant. series of equipment trust certificates of As of December 31,1965, the net assets the Company, namely Series 41, 44, 47, [812-1945] of Applicant amounted to $636,453,829 of 49, 53, and 56, which were not qualified FIDELITY FUND, INC. which $209,136,124 represented unreal­ under the Act, and Series . 60, which was ized gain and the net assets of Pan Amer­ qualified under the Act, and the trustee­ Notice of Filing of Application ican amounted to $1,205,505 of which ship of Manufacturers Trust under a new $577,376 represented unrealized gain. indenture which is proposed to be quali­ May 12, 1966. Applicant presently intends to sell, sub­ fied under the Act is not so likely to in­ Notice is hereby given that Fidelity sequent to acquisition, approximately 5 volve a material conflict of interest as to Fund, Inc. (“Applicant”) , 35 Congress percent of the assets of Pan American make it necessary in the public interest Street, Boston, Mass., a Massachusetts to be acquired. Such assets as of De­ or for the protection of investors to dis­ corporation which is registered under the cember 31, 1965, amounted to $59,200 of qualify Manufacturers Trust from act­ Investment Company Act of 1940 (“Act”) which $30,981 represented unrealized ing as trustee under the existing seven as an open-end diversified investment gain. Applicant’s per share asset value trusteeships and under the indènture to company, has filed an application pur­ as of December 31, 1965, was equal to be qualified. suant to section 6(c) of the Act for an $20.34 and if the exchange had been con­ Section 310(b) of the Act, which is order of the Commission exempting from summated that day, 58,821 shares would included in section 9.07 of the proposed the provisions of section 22(d) of the have been delivered to Pan American indenture, provides in part that if a Act the proposed issuance of its shares as a result of the adjustment in the val­ trustee under an indenture qualified to Pan American Securities Corp. (“Pan uation of Pan American’s net assets. under the Act has or shall acquire any American”) in exchange for substan­ Notice is further given that any in­ conflicting interests (as defined in that tially all of the assets of Pan American. terested person may, not later than June section), it shall within ninety days All interested persons are referred to the 2, 1966, at 5:30 p.m., submit to the Com­ after ascertaining that it has such con­ application as filed with the Commis­ mission in writing a request for a hearing flicting interest, either eliminate such sion for a statement of the representa­ on the matter accompanied by a state­ conflicting interest or resign. Subsec­ tions therein which are summarized ment as to the nature of his interest, the tion (1) of this section provides, with below. reason for such request and the issues of certain exceptions stated therein that a Section 22(d) of the Act, provides in fact or law proposed to be controverted, trustee under a qualified indenture shall pertinent part that no registered open- or he may request that he be notified if be deemed to have a conflicting interest end investment company shall sell any the Commission shall order a hearing if such trustee is trustée under another redeemable security issued by it to any thereon. Any such communication indenture under which any other securi­ person except at a current public offer­ should be addressed: Secretary, Securi­ ties, or certificates of interest or par­ ing price described in its prospectus. ties and Exchange Commission, Wash­ ticipation in any other securities of the Applicant’s prospectus indicates that its ington, D.C., 20549. A copy of such re­ same issuer are outstanding.

FEDERAL REGISTER, VOL. 31, NO. 96— WEDNESDAY, MAY 18, 1966 NOTICES 7265

The present application would permit curity or the use of any security under so declare by order and upon the tak­ Manufacturers Trust to serve as trustee any of the other indentures, so that ex­ ing effect of such order, the registration under the seven existing indentures istence of the other indentures would in of such company shall cease to be in referred to above and as trustee under any way inhibit or discourage the trust­ effect. the new Indenture to be qualified if the ee’s actions. Notice is further given that any inter­ Company shall have sustained the For a more detailed statement of the ested person may, not later than May 31, burden of proving, by this application matters of fact and law asserted, all 1966 at 5:30 p.m. submit to the Com­ to the Commission and after opportunity persons are referred to said application mission in writing a request for a hear­ for hearing thereon that the trusteeship which is on file in the offices of the Com­ ing on the matter accompanied by a of Manufacturers Trust under the pres­ mission at 500 North Capitol Street, statement as to the nature of his inter­ ently outstanding indentures and under Washington, D.C. est, the reason for such request and the the proposed new indenture is not so Notice is further given that an order issues of fact or law proposed to be con­ likely tio involve a material conflict of granting the application may be issued troverted, or he may request that he be interest as to make it necessary in the by the Commission at any time on or notified if the Commission should order public interest or for the protection of after May 31, 1966, unless prior thereto a hearing thereon. Any such communi­ investors to disqualify Manufacturers a hearing upon the application is ordered cation should be addressed: Secretary, Trust from acting as trustee under said by the Commission, as provided in clause Securities and Exchange Commission, indentures. (ii) of section 310(b) (1) of the Trust In­ Washington, D.C., 20549. A copy of The Company alleges that: denture Act of 1939. Any interested per­ such request shall be served personally (1) The Company proposes to issue son may, not later than May 27,1966, at or by mail (airmail if the person being and sell approximately $40,000,000 ag­ 5:30 p.m., e.d.s.t., in writing, submit to served is located more than 500 miles gregate principal amount of Equipment the Commission, his views or any addi­ from the point of mailing) upon appli­ Trust Certificates due December 1, 1986 tional facts bearing upon this applica­ cant. Proof of such service (by affi­ (Series 63), to be issued under a new tion or the desirability of a hearing davit or in case of an attorney at law by indenture to be executed by the Com­ thereon. Any such communication or certificate) shall be filed contemporane­ pany with Manufacturers Trust as request should be addressed: Secretary, ously with the request. At any time trustee. Securities and Exchange Commission, after said date, as provided by Rule 0-5 (2) The Company proposes to issue 500 North Capitol Street, Washington, of the rules and regulations promul­ and sell the new equipment trust certifi­ D.C., 20549, and should state briefly the gated under the Act, an order disposing cates to the public. Accordingly, it will nature of the interest of the person sub­ of the application herein may be issued file a registration statement under the mitting such information or requesting a by the Commission upon the basis of the Securities Act of 1933, including an in­ hearing, the reasons for such request, and information stated in said application, denture to be qualified under the Trust the issues of fact and law raised by the unless an order for hearing upon said Indenture Act of 1939. application which he desires to con­ application shall be issued upon request (3) Manufacturers Trust, the pro­ trovert. or upon the Commission’s own motion. posed trustee under the indenture to be For the Commission (pursuant to dele­ For the Commission (pursuant to dele­ qualified is presently the trustee under gated authority). gated authority). indentures with respect to seven existing series of equipment trust certificates of [seal]- Orval L. D uB ois, [seal] Orval L. D uB ois, the Company. The trust certificates Secretary. Secretary. comprising such series (except Series 60) [F.R. DoC. 66-5364; Filed, May 17, 1966; [F.R. Doc. 66-5365; Filed, May 17, 1966; were privately placed with institutional 8:45 a.m.] 8:45 a.m.] investors and therefore were not regis­ tered under the Securities Act of 1933, and the indentures with respect thereto [811-1282] [01-5-01-7] were not qualified under the Trust In­ denture Act of 1939. The trust certifi­ INVESTORS FINANCIAL TRUST FUND JAMESTOWN TELEPHONE CORP. cates comprising Series 60 were publicly Notice of Application ET AL. issued and were so registered and the Series 60 indenture was so qualified. M a y 12, 1966. Order Postponing Hearing $53,296,000 in aggregate principal Notice is hereby given that Investors May 12, 1966. amount of such certificates were out­ Financial Trust Fund (“applicant”), standing on May 1, 1966, under the In the matter of Jamestown Telephone 1125 Republic National Bank Building, Corp., 01-5; Meadville Telephone Co., present Manufacturers Trust trustee­ Dallas, Tex., 75201, a common law trust ships. organized under the laws of Texas and 01-6; Home Telephone Co. of Ridgway, (4) Differences between the terms of an open-end, diversified investment com­ 01-7. the existing identures with respect to A hearing is now scheduled for May 16, pany registered under the Investment 1966, upon applications filed by James­ which Manufacturers Trust is trustee Company Act of 1940 (“Act”), has filed and the new indenture will not give rise an application pursuant to section 8(f) town Telephone Corp., Meadville Tele­ to a conflict of interest in the trustee as of the Act for an order declaring that phone Co., and Home Telephone Co. of to make it necessary in the public interest applicant has ceased to be an invest­ Ridgway for exemption from the regis­ or for the protection of investors to dis­ ment company as defined in the Act. tration provisions of section 12(g) of the qualify Manufacturers Trust from acting All interested persons are referred to the Securities Exchange Act of 1934. as trustee under the new indenture. application on file with the Commission It appearing that current discussions (5) An event of default by the Com­ for a statement of the representations between the parties may result in a stipu­ pany under the existing indentures of therein, which are summarized below: lation which, among other things, would which Manufacturers Trust is trustee, Applicant represents that it has issued avoid the necessity of a hearing herein, will also be an event of default under the no securities, has no assets and has no It is ordered, That, in order to provide proposed new indenture. The Series 60 present intention of offering its securi­ additional time for these discussions to indenture contains a comparable provi­ ties to the public. Applicant further be brought to a conclusion, the hearing sion, the other six indentures do not. states that it has not, nor does it intend is hereby postponed to May 31,1966. (6) Each series of the Company’s ex­ to engage in the business of investing, re­ For the Commission (pursuant to dele­ isting trust certificates is secured by a investing or trading in securities. gated authority). separate lot of identified railroad cars. Section 8(f) of the Act provides in In the event that the trustee should have pertinent part, that when the Commis­ [seal] Orval L. D uB ois, occasion to proceed under any such in­ sion, on application, finds that a reg­ Secretary. denture against the cars securing such istered investment company has ceased [F.R. Doc. 66-5366; Filed, May 17, 1966; indenture, this would not affect the se­ to be an investment company, it shall 8:45 a.m.j

FEDERAL REGISTER, VOL. 31, NO. 96— WEDNESDAY, MAY 18, 1966 7266 NOTICES

UNITED SECURITY LIFE INSURANCE mission, under the Commission’s Devia­ CO. DEPARTMENT OF LABOR tion Rules Revised, 1957 (49 CFR 211.1 (c) (8)) and notice thereof to all inter­ Order Suspending Trading Office of Federal Contract Compliance ested persons is hereby given as provided M a y 12, 1966. EQUAL EMPLOYMENT OPPORTUNITY in such rules (49 CFR 211.1(d) (4)). Protests against the use of any pro­ It appearing to the Securities and Ex­ Preaward Procedure To Insure Com­ change Commission, Birmingham, Ala., posed deviation route herein described that the summary suspension of trading pliance by Government Contrac­ may be filed with the Interstate Com­ tors; Correction merce Commission in the manner and in the common stock, $1 par value, of form provided in such rules (49 CFR United Security Life Insurance Company Paragraph 3c(2) of the above cap­ 211.1(e)) at any time, but will not oper­ otherwise than on a national securities tioned notice published in the F ederal ate to stay commencement of the pro­ exchange is required in the public in­ R egister May 10,1966 (31 F.R. 6882), er­ posed operations unless filed within 30 terest and for the protection of investors : roneously used the identification, “2k days from the date of publication. It is ordered, Pursuant to section 15(c) (3),” where it should have used the (5) of the Securities Exchange Act of Successively filed letter-notices of the identification “2e(3).” The paragraph is same carrier under the Commission’s 1934, that trading in such securities corrected to read as follows: otherwise than on a national securities Deviation Rules Revised, 1957, will be (2) Such employers are within the numbered consecutively for convenience exchange be summarily suspended, this definition of “employer” of section 2e(3) in identification and protests if any order to be effective for the period May of the instructions to the compliance re­ 13,1966, through May 22,1966, both dates port Standard Form 100 (EEO-1). should refer to such letter-notices by inclusive. number. Signed at Washington, D.C., this 10th By the Commission. day of May 1966. Motor Carriers of P roperty No. MC 3560 (Deviation No. 10), GEN­ { seal] Orval L. DuBois, Edward C. S ylvester, Jr., Secretary. ERAL EXPRESSWAYS, INC., 1205 Director. South Platte River Drive, Denver, Colo., [F.R. Doc. 66-5394; Filed, May 17, 1966; [F.R. Doc. 66-5393; Filed, May 17, 1966; 80223, filed May 6, 1966. Applicant’s 8:48 a.m.] 8:48 a.m.] representative: Ken Wolford, same ad­ dress as applicant. Carrier proposes to operate as a common carrier, by motor vehicle of general commodities, with cer­ TARIFF COMMISSION INTERSTATE COMMERCE tain exceptions, over a deviation route [AA1921-4S] as follows: From junction U.S. Highways COMMISSION 6 and 127 approximately 2 miles south of LEATHER WORKSHOES FROM Bryan, Ohio, over U.S. Highway 6 to CZECHOSLOVAKIA FOURTH SECTION APPLICATION FOR RELIEF junction U.S. Highway 20, at or near Notice of Investigation Fremont, Ohio, thence over U.S. Highway M a y 13,1966. 20 to Cleveland, Ohio, and return over Having received advice from the the same route, for operating conven­ Treasury Department on May 11, 1966, Protests to the granting of an appli­ cation must be prepared in accordance ience only. The notice indicates that the that workshoes, leather, men’s and carrier is presently authorized to trans­ boys’, from Czechoslovakia are being, or with Rule 1.40 of the general rules of practice (49 CFR 1.40) and filed within port the same commodities over perti­ are likely to be, sold in the United States nent service routes as follows: (1) From at less than fair value, the U.S. Tariff 15 days from the date of publication of this notice in the F ederal R egister. Fort Wayne, Ind., over Indiana Highway Commission has instituted an investiga­ 37 to the Indiana-Ohio State line, thence tion under section 201(a) of the Anti­ Long-and-S hort Haul over Ohio Highway 2 via Hicksville, dumping Act, 1921, as amended (19 FSA No. 40475—Joint motor-rail Ohio, tojunction U.S. Highway 127 (for­ U.S.C. 160(a)), to determine whether an rates—Central and Southern. "Filed by merly portion Ohio Highway 2), at or industry in the United States is being Central and Southern Motor Freight near Bryan, Ohio, thence over U.S. High­ or is likely to be injured, or is prevented Tariff Association, Inc., agent (No. 107), way 127 to junction unnumbered high­ from being established, by reason of for interested carriers. Rates on prop­ way (formerly portion Ohio Highway 2), the importation of such merchandise erty moving on class and commodity near Pulaski, Ohio, thence over unnum­ into the United States., rates over joint routes of applicant rail bered highway to junction Ohio Highway No hearing in connection with this and motor carriers, between points in 2, at or near Stryker, Ohio, thence over investigation has been ordered. If a southern territory, on the one hand, and Ohio Highway 2 to Toledo, Ohio,, (2) hearing is ordered, due notice of the points in Central States territory, on the from Fort Wayne, Ind., to Hicksville, time and place thereof will be given. In other. Ohio, as specified in (1) above, thence this connection, interested parties are Grounds for relief—Motortruck com­ over Ohio Highway 18 to junction U.S. referred to § 208.4 of the Commission’s petition. Highway 127, thence over U.S. Highway rules of practice and procedure (19 CFR Tariff—Supplement 39 to Central and 127 to West Unity, Ohio, thence over un­ 208.4) which provides that interested Southern Motor Freight Tariff Associa­ numbered highway to Alvordton, Ohio, parties may, within 15 days after the tion, Inc., agent, tariff MF-I.C.C. 309. thence over U.S. Highway 20 to junction date of publication of this notice in the Ohio Highway 120, thence over Ohio F ederal R egister, request that a public By the Commission. Highway 120 to Toledo, Ohio, and (3) hearing be held, stating reasons for the [seal] H. N eil Garson, from Chicago, 111., over U.S. Highway 20 request. Secretary. to junction Ohio Highway 120, thence Interested parties are also referred to over Ohio Highway 120 to Toledo, Ohio, § 208.5 of the Commission’s rules regard­ [F.R. Doc. 66-5403; Filed, May 17, 1966; thence over Ohio Highway 2 to Lorain, ing the submission of written statements 8:49 a.m.] Ohio, thence over Ohio Highway 57 to of pertinent information. Written junction Ohio Highway 254, thence over statements must be filed not later than [Notice 395] Ohio Highway 254 to Cleveland, Ohio, June 15, 1966. thence over U.S. Highway 20 to junction Issued: May 12, 1966. MOTOR CARRIER ALTERNATE ROUTE U.S. Highway 62, thence over U.S. High­ DEVIATION NOTICES way 62 to Buffalo, N.Y., thence over New By order of the Commission. York Highway 384 to Niagara Falls, N.Y., M a y 13,1966. and return over the same routes. [ seal] D onn N. B ent, The following letter-notices of pro­ No. MC 8968 (Deviation No. 2), Secretary. posals to operate over deviation routes HARRY B. WILSON, doing business as [FJR. Doc. 66-5361; Filed, May 17, 1966; for operating convenience only have been WILSON’S MOTOR TRANSIT, 2500 8:45 a.m.] filed with the Interstate Commerce Com­ South Main Street, Post Office Box 408,

FEDERAL REGISTER, VOL. 31, NO. 96— WEDNESDAY, MAY 18, 1966 NOTICES 7267

Middletown, Ohio, 45042, filed May 5, operate as a common carrier, by motor U.S. Highway 66 to junction U.S. High­ 1966. earner proposes to operate as a vehicle, of general commodities, with way 66, thence over U.S. Highway 66 to common carrier, by motor vehicle, of certain exceptions, over a deviation route junction Missouri Highway 100 at or general commodities, with certain excep­ as follows: Between Sayre, Okla., and near Gray Summit), thence over U.S. tions, over a deviation route as follows: Oklahoma City, Okla., over Oklahoma Highway 66 to junction unnumbered Prom Cincinnati, Ohio over Interstate Highway 152, for operating convenience highway at or near Bourbon, Mo., thence Highway 74 to junction Interstate High­ only. The notice indicates that the over unnumbered highway via Bourbon, way 465, thence over Interstate High­ carrier is presently authorized to trans­ Cuba, and Fanning, Mo., to junction way 465 to junction Interstate Highway port the same commodities over a per­ U.S. Highway 66, thence over U.S. High­ 65, thence over Interstate Highway 65 tinent service route as follows: between way 66 to junction U.S. Highway 63, to junction U.S. Highway 52, thence over Amarillo, Tex., and Oklahoma City, thence over U.S. Highway 63 to Rolla, U.S. Highway 52 to junction U.S. High­ Okla., over U.S. Highway 66. Mo., thence over unnumbered highway to junction U.S. Highway 66, thence over way 41, thence over U.S. Highway .41 to Motor Carriers of P assengers Chicago, 111., and return over the same U.S. Highway 66 to junction unnumbered route, for operating convenience only. No. MC 1515 (Deviation No. 310), highway near Waynesville, Mo., thence The notice indicates that the carrier is GREYHOUND LINES, INC., Western over unnumbered highway via Waynes­ presently authorized to transport the Division, Market and Fremont Streets, ville, Mo., to junction U.S. Highway 66, same commodities over a pertinent serv­ San Francisco, Calif., 94106, filed May 6, thence over U.S. Highway 66 to Buck- ice route as follows: Prom Cincinnati, 1966. Applicant’s representative: W. T. horn, Mo. Ohio, over U.S. Highway 127 to Eaton; Meinhold, 371 Market Street, San Fran­ Thence over Missouri Highway 17 to Ohio, thence over U.S. Highway 35 to cisco, Calif., 94105. Carrier proposes to junction County Highway AB, thence junction U.S. Highway 30, thence over operate as a common carrier, by motor over County Highway AB to junction U.S. Highway 30 to Valparaiso, Ind., vehicle, of passengers and their baggage, U.S. Highway 66 at or near Hazelgreen, thence over Indiana Highway 130 to and express and newspapers in the same Mo., thence over U.S. Highway 66 to junction Indiana Highway 51, thence vehicle with passengers, over deviation junction unnumbered highway near over Indiana Highway 51 to junction routes as follows: (1) From junction Lebanon, Mo., thence over unnumbered U.S. Highway 6, and thence over U.S. Business Route U.S. Highway 97 and In­ highway via Lebanon, Mo., to junction Highway 6 to Chicago, 111., and return terstate Highway 82 (North Yakima U.S. Highway 66, thence over U.S. High­ over the same route. Junction, Wash.), over Interstate High­ way 66 to junction relocated U.S. High­ No. MC 72300 (Deviation No. 5), LEE way 82 to Yakima, Wash., (2) from way 66 near Conway, Mo., thence over AMERICAN FREIGHT SYSTEM, INC., Yakima, Wash., over Interstate Highway relocated U.S. Highway 66 to junction 418 Oliver Street, St. Louis, Mo., 63102^ '82 to junction U.S. Highway 410 (Union Missouri Highway 125 and old U.S. High­ filed May 9, 1966. Carrier proposes to Gap Junction, Wash.), (3) from Yakima, way 66 southwest of Strafford, Mo. operate as a common carrier, by motor Wash., over Interstate Highway 82 to (also from junction old U.S. Highway 66 vehicle of general commodities, with Union Gap, Wash., and (4) from junc­ and relocated U.S. Highway 66 near Con­ certain exceptions, over a deviation tion Business Route U.S. Highway 97 and way, Mo., over unnumbered highway, route as follows: From Memphis, Tenn., Interstate Highway 82 (North Yakima formerly U.S. Highway 66, to Conway, over U.S. Highway 79 to junction U.S. Junction, Wash.), over Interstate High­ thence over County Highway CC to Highway 641, thence over U.S. Highway way 82 to junction U.S. Highway 410 Marshfield, Mo., thence over unnum­ 641 to junction U.S. Highway 41, thence (Union Gap Junction, Wash.), and re­ bered highway to junction relpcated U.S. over U.S. Highway 41 to junction Indi­ turn over the same routes, for operating Highway 66, thence over relocated U.S. ana Highway 57, thence over Indiana convenience only. The notice indicates Highway 66 to junction Missouri High­ Highway 57 to junction Indiana High­ that the carrier is presently authorized way 125), thence over Missouri High­ way 67, thence over Indiana Highway to transport passengers and the same way 125 to Strafford, Mo., thence over 67 to junction Interstate Highway 465, property over pertinent service routes as Missouri Highway 125 to junction re­ thence over Interstate Highway 465 to follows: (1) From Seattle, Wash., over located U.S. Highway 66, thence over junction Indiana Highway 100, thence Washington Highway 5 via Kent to Au­ relocated U.S. Highway 66 to Springfield, over Indiana Highway 100 to junction burn, Wash., thence over U.S. Highway Mo., thence over Missouri Highway 266 U.S. Highway 31, and thence over U.S. 410 to Yakima, Wash., (2) from Ellens- (formerly portion U.S. Highway 66) to Highway 31 to South Bend, Ind., and burg, Wash., over U.S. Highway 97 to junction U.S. Highway 66 west of Hall- return over the same route, for operat­ Yakima, Wash., and (3) from Yakima, town, Mo., thence over U.S. Highway 66 ing convenience only. The notice indi­ Wash., over U.S. Highway 410 to Pasco, via Baxter Springs, Kans., and Com­ cates that the carrier is presently au­ Wash., and return over the same routes. merce and Sapulpa, Okla., to junction thorized to transport the same commodi­ No. MC 1515 (Deviation No. 311) (Can­ unnumbered highway near Edmond, ties over pertinent service routes as cels Deviations Nos. 153, 158, 159, 162, Okla., and return over the same routes. follows: (1) From Memphis, Tenn., over and 219), GREYHOUND LINES, INC., No. MC 13028 (Deviation No. 9), THE U.S. Highway 61 to junction Missouri Central Division, 210 East Ninth Street, SHORT LINE, INC., Post Office Box 1116 Highway 74, thence over Missouri High­ Fort Worth, Tex., 76162, filed May 9, Annex Station, Providence, R.I., 02901, way 74 to the Missouri-Hlinois State line, 1966. Carrier proposes to operate as a filed May 5, 1966. Carrier proposes to thence over Illinois Highway 146 to common carrier, by motor vehicle, of operate as a common carrier, by motor junction Illinois Highway 3, thence over passengers and their baggage, and ex­ vehicle, of passengers and their baggage, Illinois Highway 3 to junction Illinois press and newspapers, in the same ve­ and express and newspapers, in the same Highway 159, thence over Illinois High­ hicle with passengers, over deviation vehicle with passengers, over a deviation way 159 to junction Illinois Highway 13, routes as follows: From St. Louis, Mo., route as follows: Prom junction Inter­ thence over Illinois Highway 13 to East over Interstate Highway 44 to Joplin, state Highway 195 and exit road to U.S. St. Louis, 111., (2) from East St. Louis, Mo. (also from junction Interstate High­ Highway 6, at Swansea, Mass., over In­ 111., over U.S. Highway 66 (Interstate way 44 and Business Route Interstate terstate Highway 195 to junction Inter­ Highway 55 and Alternate U.S. Highway Highway 44 approximately 5 miles east, state Highway 195 and U.S. Highway 6, at 66) to Joliet, HI., and (3) from Joliet, of Joplin, Mo., over Business Route In­ North Westport, Mass., and return over HI., over U.S. Highway 6 to junction terstate Highway 44 to Joplin, Mo.), and the same route, for operating conven­ Indiana Highway 2, thence over Indiana return over the same routes, for operat­ ience only. The notice indicates that Highway 2 to South Bend, Ind., and re­ ing convenience only. The notice indi­ the carrier is presently authorized to turn over the same routes. cates that the carrier is presently au­ transport passengers and the same prop­ No. MC 110325 (Deviation No. 16), thorized to transport passengers and the erty, over a pertinent service route as fol­ TRANSCON LINES, 1206 South Maple same property over pertinent service lows: From Providence, R.T., over U.S. Avenue, Los Angeles, Calif., 90015, Mail­ routes as follows: From St. Louis, Mo., Highway 6 to junction unnumbered ing address: Post Office Box 54005, Ter­ over Missouri Highway 100 to junction highway (formerly U.S. Highway 6), minal Annex, Los Angeles, Calif., 90054, U.S. Highway 66 at or near Gray Sum­ thence over unnumbered highway to See- filed May 4, 1966. Carrier proposes to mit, Mo. (also from St. Louis over City konk, Mass., thence over Alternate

FEDERAL REGISTER, VOL. 31, NO. 96— WEDNESDAY, MAY 18, 1966 No. 96- 8 7268 NOTICES

Massachusetts Highway 114 (formerly aerated) , boxes or fruit tins, coffee 53246. Applicant’s representative: U.S. Highway 6) to junction U.S. High­ whitener, in cartons, plastic bottles, for James R. Ziperski (same address as ap­ way 6, thence over U.S. Highway 6 via use in tea, coffee, cereals, and cooking plicant) . Authority sought to operate as Pall River, New Bedford and Wareham and in dry form, when shipped in small a common carrier, by motor vehicle, Mass., to junction unnumbered highway quantities not to exceed 10 percent of over irregular routes, transporting: (formerly U.S. Highway 6), and return the truckload, bakery goods, such as Commodities, in bulk, from Flexi-Flo over the same route. eclairs, chocolate rolls, in boxes, not to rail-motor interchange terminal facili­ No. MC 59238 (Deviation No. 5), VIR­ exceed 10 percent of the truckload, from ties on the lines of the New York Central GINIA STAGE LINES, INCORPO­ Buffalo, N.Y., to Princeton, Charleston, Railroad Co. in Ohio, exclusive of team RATED, Fourth and Water Streets, Clarksburg, Huntington, and Parkers­ track or other public facilities, to (1) Charlottesville, Va., filed May 5, 1966. burg, W. Va.; Roanoke, Lynchburg, points in Ohio; (2) points in Erie, Craw­ Carrier proposes to operate as a common Salem, and Bristol, Va.; and points in ford, Mercer, Warren, Forest, Clarion, carrier, by motor vehicle, of passengers North Carolina, South Carolina, Ken­ Armstrong, Butler, Venango, Lawrence, and their "baggage, and express and tucky, Georgia, Tennessee, Alabama, Beaver, Allegheny, Washington, Greene, newspapers in the same vehicle with Florida, Louisiana, Mississippi, and Westmoreland, and Fayette Counties, passengers, over deviation routes as fol­ Arkansas. Pa.; (3) points in Marshall, Ohio, Brooke, lows: (1) From Roanoke, Va., over Inter­ HEARING: June 30, 1966, at the Post Hancock, Mason, Jackson, Wood, Pleas­ state Highway 581 to junction Interstate Office Building, Ellicott and Swan ants, Tyler, Wetzel, Wirt, Clay, Mingo, Highway 81, thence over Interstate Streets, Buffalo, N.Y., before Examiner Ritchie, Putnam, Cabell, Wayne, Lin­ Highway 81 to Dixie Caverns, Va., and Samuel Horwich. coln, Kanawha, Boone, Roane, Calhoun, (2) from Christiansburg, Va., over Inter­ No. MC 115841 (Sub-No. 287) (Repub­ Gilmer, Doddridge, and Logan Counties, state Highway 81 to junction Virginia lication), filed April 18, 1966, published W. Va.; (4) points in Pike, Floyd, Martin, Highway 100, thence over Virginia High­ in F ederal R egister May 5, 1966, and Magoffin, Johnson, Lawrence, Boyd, way 100 to Pearisburg, Va., and return republished this issue. Applicant: CO­ Greenup, Grant, Carter, Elliott, Morgan, over the same routes, for operating con­ LONIAL REFRIGERATED TRANS­ Wolfe, Lewis, Rowan, Menifee, Powell, venience only. The notice indicates that PORTATION, INC., 1215 Bankhead Gallatin, Woodford, Jefferson, Trimble, the carrier is presently authorized to Highway West, Post Office Box 2169, Anderson, Shelby, Carroll, Mason, Rob­ transport passengers and the same prop­ Birmingham, Ala. Authority sought to ertson, Fleming, Bath, Clark, Montgom­ erty over a pertinent service route as operate as a common carrier, by motor ery, Bourbon, Nicholas, Owen, Spencer, follows: From Roanoke, Va., over com­ vehicle, over irregular routes, transport­ Oldham, Bracken, Fayette, Scott, Harri­ bined U.S. Highways 460 and 11 to Chris- ing: (1) Foodstuffs, from Springdale, son, Pendleton, Campbell, Kenton, tiansburg, Va., thence over U.S. Highway Ark., to points in Kansas, Missouri, Boone, Franklin, Bullitt, and Henry 460 to Pearisburg, Va., and return over Kentucky, and Alton, Cairo, Carbon- Counties, Ky.; and (5) points in Monroe, the same route. dale, Centralia, East St. Louis, Eldorado, Lenawee, Hillsdale, Branch, Calhoun, By the Commission. Granite City, Marion, Mount Vernon, Jackson, Washtenaw, Wayne, Macomb, Murphysboro, Staunton, Litchfield, Oakland, Livingston, Ingham, and Eaton [seal] H. Neil Garson, Quincy, and Scott Air Force Base, 111., Counties, Mich.; restricted to shipments Secretary. and (2) foodstuffs and baby supplies, having a prior movement by rail. [F.R. Doc. 66-5404; Filed, May 17, 1966; from Fort Smith, Ark., to points in HEARING: June 6,1966, at the offices 8:49 a.m.] Kansas, Missouri, Kentucky, and Alton, of the Interstate Commerce Commis­ Cairo, Carbondale, Centralia, East St. sion, Washington, D.C., before Examiner Louis, Eldorado, Granite City, Marion, Jerry F. Laughlin. [Notice 919] Mount Vernon, Murphysboro, Staunton, No. MC 124078 (Sub-No. 220), filed MOTOR CARRIER APPLICATIONS AND Litchfield, Quincy, and Scott Air Force May 3, 1966. Applicant: SCHWERMAN Base, 111. N ote : The purpose of this re­ TRUCKING CO., a corporation, CERTAIN OTHER PROCEEDINGS publication is to show the hearing in­ 611 South 28th Street, Milwaukee, M a y 13, 1966. formation. Wis., 53246. Applicant’s representative: The following publications are gov­ HEARING: June 9, 1966, at the Ar­ James R. Ziperski (same address as erned by the new Special Rule 1.247 of kansas Commerce Commission, Justice above). Authority sought to operate as the Commission’s rules of practice, pub­ Building, State Capitol, Little Rock, Ark., a common carrier, by motor vehicle, over ederal egister before Examiner Frederick G. Smithson. irregular routes, transporting: Dry lished in the F R , issue of cement, in bulk, from Flexi-Flo rail- December 3, 1963, which became ef­ MC 118292 (Sub-No. 14), filed May 6, motor interchange terminal facilities on fective January 1, 1964. 1966. Applicant: BALLENTINE PROD­ the lines of the New York Central Rail­ The publications hereinafter set forth UCE, INC., Alma, Ark. Applicant’s road Co. located in New Jersey, exclusive reflect the scope of the applications as representative: Lester M. Bridgeman, of team tracks or other public facilities, filed by applicant, and may include 1027 Woodward Building, Washington, to points in New Jersey; points in descriptions, restrictions, or limitations D.C., 20005. Authority sought to oper­ Suffolk, Nassau, Westchester, Rockland, which are not in a form acceptable to ate as a common carrier, by motor ve­ Putnam, Dutchess, Orange, Sullivan, the Commission. Authority which ul­ hicle, over irregular routes, transporting: Greene, Columbia, and Ulster Counties, timately may be granted as a result of Foodstuffs and baby supplies, from Fort N.Y.; points in Fairfield, New Haven, the applications here notice will not Smith, Ark., to points in Kansas, Mis­ Litchfield, Hartford, and Middlesex necessarily reflect the phraseology set souri, and Kentucky, and to Alton, Cairo, Counties, Conn., and New York, N.Y.; forth in the application as filed, but also Carbondale, Centralia, East St. Louis, restricted to shipments having a prior will eliminate any restrictions which are Eldorado, Granite City, Marion, Mount movement by rail. not acceptable to the Commission. Vernon, Murphysboro, Staunton, Litch­ HEARING: June 6, 1966, at the offices Applications Assigned for field, Quincy, and Scott Air Force Base, of the Interstate Commerce Commission, N ote: Oral H earing 111. Applicant is also authorized Washington, D.C., before Examiner to conduct operations as a contract car­ Jerry F. Laughlin. MOTOR CARRIERS OF PROPERTY rier in permit No. MC 118434; therefore, No. MC 107583 (Sub-No. 26) (Repub­ No. MC 107515 (Sub-No. 547), filed dual operations may be involved. lication), filed June 17, 1964, published April 28, 1966. Applicant: REFRIG­ HEARING: June 9,1966, at the Arkan­ F ederal R egister issue of July 1, 1964, ERATED TRANSPORT CO., INC., Post sas Commerce Commission, Justice and July 22, 1964, respectively, and re­ Office Box 10799, Station A, 3901 Jones­ Building, State Capitol, Little Rock, Ark., published this issue. Applicant: SALEM boro Road' SE., Atlanta, Ga., 30310. before Examiner Frederick G. Smithson. TRANSPORTATION CO., INC., doing Authority sought to operate as a common No. MC 124078 (Sub-No. 218), filed business as ATLANTIC CITY TRIPS, 113 carrier, by motor vehicle, over irregular May 3, 1966. Applicant: SCHWERMAN West 42d Street, Suite 1004, New York, routes, transporting: Frozen foods, des­ TRUCKING CO., a corporation, 611 N.Y., 10036. Applicant’s representative: sert topping, in cans (aerated or non­ South 28th Street, Milwaukee, Wis., George H. Rosen, 291 Broadway, New

FEDERAL REGISTER, VOL. 31, NO. 96— WEDNESDAY, MAY 18, 1966 NOTICES 7269

York, N.Y., 10036. By application filed jected shipments and empty containers Cleveland, Ohio, to points in Florida. June 17, 1964, as amended, applicant from North Judson and Rensselaer, Ind., Because it is possible that parties who seeks a certificate of public convenience to the Continental Baking Co., River have relied upon the notice of the appli­ and necessity authorizing operation, in Forest, 111. By order of Operating cation as published may have an interest interstate or foreign commerce, as a Rights Board No. 1 entered herein on in and would be prejudiced by the lack common carrier by motor vehicle, over February 17,1966, applicant/was granted of proper notice of the authority de­ irregular routes, of passengers and their authority to transport the considered scribed in the findings in this decision baggage and effects, in special opera­ commodities from and to the points indi­ and order, a notice of the authority ac­ tions, in door-to-door service, limited to cated above, but that an amendment tually granted will be published in the the transportation of not more than II which would have substituted South F ederal R egister and issuance of a cer­ passengers in any one vehicle, not in­ Haven, Ind., as a destination point in lieu tificate in this proceeding will be with­ cluding the driver thereof and not includ­ of North Judson, Ind., was not called to held for a period of 30 days from the ing children under 10 years of age who do the Board’s attention. By petition date of such publication, during which not occupy a seat or seats, between (which includes a supplementary state­ period any proper party in interest may Ventnor, Margate, Longport Boro, cities ment from the supporting shipper), dated file an appropriate protest or other of Absecon, Pleasantville, Northfield, Lin- March 31, 1966, applicant and the ship­ pleading. wood, and Somers Point, N.J., on the one per request that the order entered herein No. MC 127364 (Republication), filed hand, and; on the other, Atlantic City, be modified to authorize the transporta­ June 21, 1965, published F ederal R egis­ N.J. tion of cakes and cookies to South Haven, ter issue of July 21, 1965, and repub­ A report of the Commission, Operating Ind., in lieu of the original destination lished, this issue. Applicant: PARAMUS Rights Review Board No. 3, decided April point of North Judson, Ind. TAXI CO., INC., S-30, Route No. 17, Pa- 20, 1966, and served May 4, 1966, finds A supplemental order of the Commis­ ramus, N.J. Applicant’s representative: that the present and future public con­ sion, Operating Rights Board No. 1, dated Anthony Anzalone, 215 Union Street, venience and necessity require operation April 8, 1966, and served April 27, 1966, Hackensack, N.J. By application filed by applicant, in interstate or foreign finds that operation by applicant, in in­ June 21, 1965, applicant seeks a permit commerce, as a common carrier by mo­ terstate or foreign commerce, as a con­ authorizing operation, in interstate or tor vehicle, over irregular routes, of tract carrier by motor vehicle, over ir­ foreign commerce, as a contract carrier passengers, and their baggage, in the regular routes, of cookies and cakes, by motor vehicle, over irregular routes, same vehicle with passengers, in special from the plantsite of Continental Baking of computer data, with or without pas­ operations, in nonscheduled, door-to- Co. at or near River Forest, 111., to South sengers carrying computer data, from door service, limited to the transporta­ Haven and Rensselaer, Ind., under a con­ Paramus to New York, N.Y., and points tion of not more than 11 passengers in tinuing contract with Continental Baking in Nassau, Suffolk, Westchester, and any one vehicle (not including the driver Co., of Rye, N.Y., will be consistent with Dutchess Comities, N.Y., .and Fairfield thereof, and not including children un­ the public interest and the national County, Conn., and returned processed der 10 years of age who do not occupy a transportation policy; that applicant is materials on return, under a continuing seat or seats), between Ventnor, Mar­ gate, Longport Borough, Absecon, fit, willing, and able properly to perform contract or contracts with I.T.T. Data Pleasantville, Northfield, Linwood, and such service and to conform to the re­ Processing, of Paramus. The applica­ Somers Point, N.J., on the one hand, and, quirements of the Interstate Commerce tion was referred to Examiner Samuel on the other, New York, N.Y., and Phila­ Act and the Commission’s rules and regu­ Horwich for hearing and the recommen­ delphia, Pa., that applicant is fit, willing, lations thereunder. Because it is pos­ dation of an appropriate order thereon. and able to properly to perform such sible that other parties, who have relied Hearing was held on December 10, 1965, service and to conform to the require­ upon the notice of the application as at Newark, N.J. A report and order of ments of the Interstate Commerce Act published, may have an interest in and the Commission, served April 8, 1966, and the Commission’s rules and regula­ would be prejudiced by the lack of proper which became effective May 9,1966, finds tions thereunder; and that a certificate notice of the authority described in the that applicant is fit, willing, and able authorizing such operation should be is­ findings in this order, a notice of the properly to perform the service of a con­ sued, after the lapse of 30 days from the authority actually granted will be pub­ tract carrier by motor vehicle and to con­ F ederal R egister date of republication in the F ederal lished in the and issu­ form to the provisions of the Interstate Register. Because it is possible that ance of a permit in this proceeding will Commerce Act and with the lawful re­ other parties, who have relied upon the be withheld for a period of 30 days from quirements, rules, and regulations of the notice of the application as published, the date of such publication, during Commission thereunder, and that opera­ may have an interest in and would be which period any proper party in inter­ tion by applicant in interstate or foreign prejudiced by lack of proper notice of the est may file an appropriate protest or commerce, as a contract carrier by motor authority described in the findings'in this other pleading. vehicle, under a continuing, contract or report, a notice of the authority actually No. MC 115841 (Sub-No. 237) (Repub­ contracts with I.T.T. Data Processing, of granted herein will be published in the lication), filed April 22, 1965, published Paramus, N.J., of (a) computer data and Federal R egister, and any proper party F ederal R egister issue of May 19, 1965, (b) passengers, in the same vehicle with in interest may file an appropriate plead­ and republished, this issue. Applicant: computer data, between Paramus, N.J., ing within a period of 30 days from the COLONIAL REFRIGERATED TRANS­ on the one hand, and, on the other, New date of such publication. PORTATION, INC., 1215 Bankhead: York, N.Y., and points in Nassau, Suffolk, Highway West, Post Office Box 2169, Bir­ Westchester, and Dutchess Counties, No. MC 115668 (Sub-No. 9) (Republi­ mingham, Ala. In the above-entitled N.Y., and Fairfield County, Conn., will cation), filed November 18, 1965, pub­ proceeding the examiner recommended be consistent with the public interest and lished Federal R egister issue of Decem­ ber 9, 1965, and republished, this issue. the issuance to applicant of a certificate the national transportation policy. The Applicant: WYLLIS B. HERRICK, do­ authorizing the transportation, over ir­ examiner further finds that prior to the ing business as W. B. HERRICK, Rural regular routes, of frozen foods from issuance of an appropriate permit herein, Route No. 2, Kendallville, Ind. Appli­ Cleveland, Ohio, to points in Florida, re­ a proper notice of the complete scope cant’s representative: William L. Car­ stricted to the transportation of traffic in of the authority granted herein should consolidated lots moving on a single bill be published in the F ederal R egister in ney, 105 East Jennings, South Bend, of lading, the components of which are order to allow a 30-day period during Ind. By application filed November 18, destined to points in more than one State. which any interested party affected by 1965, applicant seeks a permit authoriz­ A decision and order of the Commission, the broadened scope of such grant, with ing operations, in interstate or foreign Operating Rights Review Board No. 2, respect to the notice of the application commerce, as a contract carrier by mo­ dated April 27, 1966, and served May 3, as previously filed, may file an appropri­ tor vehicle, over irregular routes, of 1966, finds that the present and future ate pleading. cookies and cakes, from the plantsite of public convenience and necessity require Continental Baking Co. at or near River operation by applicant, in interstate or N otice of F iling of P etition Forest, 111., to North Judson and Rens­ foreign commerce, as a common carrier No. MC 48956 (Sub-No. 2) (Notice of selaer, Ind., and stale returned or re­ by motor vehicle, of frozen foods, from filing of petition for modification of per-

FEDERAL REGISTER, VOL. 31, NO. 96— WEDNESDAY, MAY 18, 1966 7270 NOTICES mit), filed April 28, 1966. Petitioner: mission’s special rules governing notice dria, La., to certain specified points in JAMES FLEMING TRUCKING, INC., of filing of applications by motor car­ Texas; blasting powders and supplies and Suffield, Conn. Petitioner’s representa­ riers of property or passengers under classes A and B explosives, between tive: Thomas W. Murrett, 410 Asylum sections 5(a) and 210a(b) of the Inter­ points in Oklahoma (except from Okla­ Street, Hartford, Conn. Petitioner state Commerce Act and certain other homa City, Okla., and points within 19 states it holds authority from this Com­ proceedings with respect thereto. (49 miles of Oklahoma City, to points in mission in No. MC 48956 (Sub-No. 2), CFR 1.240.) Oklahoma); and explosives, except ni­ dated December 6, 1965, authorizing it troglycerin, between Joplin, Mo., and to conduct operations, over irregular MOTOR CARRIERS OF PROPERTY points in Missouri within 15 miles of routes, in the transportation of: Such No. MC-F-9410 (Correction). (P & G Joplin, Mo., on the one hand, and, on the merchandise as is dealt in by wholesale, MOTOR FREIGHT, INC.—Purchase— other, points in New Mexico, between retail, and chain grocery and food busi­ COMMERCIAL TRANSPORT, INC.), points in Kansas, Louisiana, Mississippi, ness houses (except commodities in published in the May 4, 1966, issue of the and New Mexico. Restriction: The au­ bulk), from Winslow, Portland, Pine F ederal R egister, on page 6650. Errone­ thority granted herein is subject to the Point, and Farmington, Maine, Hinsdale ously, the addresses of Frank J. Weiner condition that no single portion of the and Manchester, N.H., Georgetown, Mil­ and Louis Barsky, were shown in the authority contained in this certificate ford, Milton, and Bridgeville, Del., prior R egister as 556 Granite Street and shall be tacked or joined, directly or in­ Baltimore, Md., points in New York (ex­ 400 Court Street, respectively, and which directly, with any other authority con­ cept Port Chester, Port Ivory, Fort Ed­ should have been shown as 536 Granite tained in this certificate for the purpose ward, arid Albany), that part of Mary­ Street and 40 Court Street, respectively. of performing any through service. land south of the Chesapeake and Dela­ No. MC-F-9416. Authority sought for TRI-STATE MOTOR TRANSIT CO. is ware Canal and east of the Chesapeake control by RUSSELL R. GORE, doing authorized to operate as a common car­ Bay, and that part of Virginia east of business as THE SPRINGDALE COR­ rier in all States in the United States the Chesapeake Bay, to Suffield, Conn., PORATION, 1425 Bedford Street, Stam­ (except Hawaii) and the District of Co­ with no transportation for compensa­ ford, Conn., of THE SPRINGDALE lumbia. Application has not been filed tion on return, except as otherwise au­ CORPORATION, 1425 Bedford Street, for temporary authority under section thorized, limited to a transportation Stamford, Conn. Applicants’ attor­ 210a(b). N ote: If a hearing is deemed service to be performed, under a con­ ney: John E. Fay, 79 Lafayette Street, necessary, Applicants request Washing­ tinuing contract, or contracts, with Hartford, Conn. Operating rights ton, D.C. Springfield Sugar & Products Co., of sought to be controlled: Sheet copper No. MC-F-9418. Authority sought for Suffield, Conn. By the instant petition, and brass, as a common carrier, over ir­ purchase by FOX-SMYTHE TRANS­ petitioner requests permission so as to regular routes, from Springdale, Conn., PORTATION CO., Post Office Box 82307, add to the authority to perform the pres­ to Troy and Green Island, N.Y.; and Stockyards Station, Oklahoma City, ently authorized service the transporta­ scrap copper and brass and empty con­ Okla., of the operating rights and prop­ tion of frozen foods, from Salisbury, Md., tainers used in transporting sheet copper erty of GEORGE B. DUNN, 602 West to Suffield, Conn., under a continuing and brass, from Green Island, N.Y., to Randolph, Enid, Okla., and for acquisi­ contract or contracts with Campbell Springdale, Conn. RUSSELL R. GORE, tion by CARL P. SMYTHE and GUY Soup Co. Any interested person desir­ doing business as THE SPRINGDALE FOX, both also of Oklahoma, City, Okla., ing to participate, may file an original CORPORATION holds no authority of control of such rights and property and six copies of his written representa­ from this Commission. However, he is through the purchase. Applicants’ at­ tions, views or argument in support of, affiliated with THE GORE FREIGHT torney: John E. Jandera, 641 Harrison or against the petition within 30 days LINE, INCORPORATED, 641 Connec­ Street, Topeka, Kans. Operating rights from the date of publication in the ticut Avenue, South Norwalk, Conn., sought to be transferred: Condensed F ederal R egister. which is authorized to operate as a com­ milk, buttermilk, empty barrels, and mon carrier in Connecticut, Massa­ cream, as a common carrier, over regular Applications for Certificates or P er­ chusetts, New Jersey, Pennsylvania, routes, between Wichita, Kans., and mits W hich Are T o B e P rocessed Rhode Island, and New York. Appli­ Oklahoma City, Okla.; empty containers, Concurrently W ith Applications cation has not been filed for tempo­ butter, and cream, from Oklahoma City, U nder S ection 5 Governed by S pecial rary authority under section 219a(b). Rule 1.240 to the Extent Applicable Okla., to Wichita, Elans., serving the in­ N ote: Attached hereto is a motion to termediate point of Enid, Okla., without No. MC 109397 (Sub-No. 141), filed dismiss application for want of jurisdic­ restriction; and certain specified inter­ April 27, 1966. Applicant: TRI-STATE tion. mediate points, restricted to northbound MOTOR TRANSIT CO., a corporation, No. MC-F-9417. Authority sought for traffic only; condensed milk and con­ Post Office Box 113, Joplin, Mo. Appli­ control and merger by TRI-STATE densed buttermilk, in containers, and cant’s representative: Max G. Morgan, MOTOR TRANSIT CO., Post Office Box empty containers, from Wichita, Kans., 443-54 American Building, Oklahoma 113, Joplin, Mo., of the operating rights to Dallas, Tex., serving certain specified City 2, Okla. Authority sought to op­ and property of DeTAR DISTRIBUT­ intermediate points, restricted to de­ erate as a common carrier, by motor ve­ ING COMPANY, INC., 233 Southwest livery; cream, in containers, from Terral, hicle, over irregular routes, transport­ 21st Street, Post Office Box 94784, Okla­ Okla., to Wichita* Kans., serving all in­ ing: (1) General freight, within a 50- homa City, Okla. Applicants’ attorney termediate points south of El Reno, mile radius of 464 West 24th Place, and representative: Albert Thomson, Okla., and the off-route points of Ana- Chicago, 111., to or from any point out­ Floor 3, Union National Bank Building, darko and Lawton, Okla.', restricted to side of such authorized area of operation Kansas City 6, Mo., and Morris Bradford, pick-up; empty cream containers, empty for a shipper or shippers within such 1910 First National Bank Building, Tulsa, butter tubs, condensed milk, in contain­ area, (2) general commodities moving on Okla., 74103. Operating rights sought ers, and dairy equipment and supplies, Government bills of lading, between to be controlled and merged: Classes A over irregular routes, from Wichita, points in Illinois, and (3) classes A, B, and B explosives, except nitroglycerin, Kans., to certain specified points in and C explosives and dangerous articles, as a common carrier, over irregular Kansas and Oklahoma; sour cream in between points in Illinois. N ote: This routes, between Joplin, Mo., and points containers, butter in tubs, milk bottles application is directly related to Docket within 15 miles of Joplin, and Columbus in crates, and dairy equipment and sup­ No. MC-F 9411 published May 4, 1966. and Turck, Kans., on the one hand, and, plies, from points in Kansas and Okla­ If a hearing is deemed necessary, appli­ on the other, Oklahoma City, Okla., and homa territory as immediately above, to cant requires it be held at Washington, points within 10 miles of Oklahoma City, Wichita, Kans.; glassware, including D.C. from Oklahoma City, Okla., and points within 10 miles of Oklahoma City, to fruit jars, fruit jar tops, jelly glasses, Applications U nder S ections 5 and points in Arkansas, Kansas, Oklahoma, caps and lids, from Sand Springs, Okla., 210a(b) and Texas, from Atlas, Mo., to Alex­ to Wichita, Elans., and points within 150 The following applications are gov­ andria, La., Dallas and Houston, Tex., miles thereof; condensed milk, from erned by the Interstate Commerce Com­ and points in Oklahoma, from Alexan­ Wichita, Kans., to Shreveport, La., and

FEDERAL REGISTER, VOL. 31, NO. 96— WEDNESDAY, MAY 18, 1966 NOTICES 7271

Little Rock, Ark.; empty containers for [Notice 921] value, classes A and B explosives, house­ hold goods as defined by the Commis­ condensed milk, from Little Rock, Ark., MOTOR CARRIER APPLICATIONS AND to Shreveport, La., to Wichita, Kans.; sion, commodities in bulk, commodities condensed milk, in barrels, from Ottawa, CERTAIN OTHER PROCEEDINGS requiring special equipment, and those Kans., to Enid, Tulsa, and Oklahoma May 13,1966. injurious or contaminating to other City, Okla., Dallas and Fort Worth, Tex., The following publications are gov­ lading), serving the plantsite of the P. H. Shreveport, La., and Little Rock, Ark. erned by the new Special Rule 1.247 of Gladfelter Paper Co. at Spring Grove, Restriction; The separate grants of Pa., as an off-route point in connection the Commission’s rules of practice, pub­ with applicant’s regular-route authority authority described above shall not be lished in the F ederal R egister, issue of tacked or joined,'dirfectly or indirectly, December 3,1963, which became effective over Maryland Highway 30, Pennsyl­ for the purpose of performing any January-1,1964. vania Highways 94 and 194, and U.S. through service; commercial fertilizer, The publications hereinafter set forth Highway 30 between Reisterstown, Md., in bulk and in bags, from Dallas, Tex., reflect the scope of the applications as and York, Pa. to points in Oklahoma (with excep­ filed by applicant, and may include HEARING: June 21, 1966, at the tions) ; glass bottles and glass fruit jars descriptions, restrictions, or limitations offices of the Interstate Commerce Com­ not exceeding 1 gallon capacity, packing which are not in a form acceptable to mission, Washington, D.C., before Ex­ glasses and tumblers, and jar closures the Commission. Authority which ulti­ aminer James A. McKiel.' for glass bottles and glass fruit jars, all mately may be granted as a result of the No. MC 95540 (Sub-No. 674), filed in boxes, barrels, crates, carriers, or car­ applications here noticed will not neces­ May 9, 1966. Applicant: WATKINS tons, from Sapulpa, Okla., to certain sarily reflect the phraseology set forth MOTOR LINES, INC., Albany Highway, specified points in North Dakota and in the application as filed, but also will Thomasville, Ga. Applicant’s repre­ South Dakota, from Sand Springs, Okla., eliminate any restrictions which are not sentative: Jack M. Holloway, Director of to points in North Dakota and South acceptable to the Commission. Operating Rights, Watkins Motor Lines, Dakota; returned shipments of the com­ Inc., Albany Highway, Thomasville, Ga. modities specified next above, from Applications Assigned for Oral H earing Authority sought to operate as a com­ points in North Dakota and South Da­ MOTOR CARRIERS OF PROPERTY mon carrier, by motor vehicle, over ir­ regular routes, transporting: Meats, kota, to Sapulpa and Sand Springs, The applications immediately follow­ Okla.; and glassware, and closures for meat products, meat byproducts, and ing are assigned for hearing at the time articles distributed by meat packing­ glass containers, from Sapulpa, Okla., and place designated in the notice of to points in North Dakota (with excep­ houses, as described in sections A and filing as here published in each proceed­ C of appendix I to the report in Descrip­ tions) , and points in South Dakota (with ing. All of the proceedings are subject exceptions). Vendee is authorized to tions in Motor Carriers Certificates, 61 to the Special Rules of Procedure for M.C.C. 209 and 766 (except hides and operate as a common carrier in Okla­ Hearing outlined below: homa, Texas, New Mexico, Colorado, commodities in bulk, in tank vehicles), Utah, Kansas, Nevada, Arizona, Missouri, S pecial R ules of P rocedure for H earing from points in Adams County, Nebr., to Arkansas, Nebraska, South Dakota, and (1) All of the testimony to be adduced points in Tennessee (except Memphis Iowa. Application has been filed for by applicant’s company witnesses shall and points in the Memphis commercial temporary authority under section be in the form of written statements zone as defined by the Commission), 210a(b). which shall be submitted at the hearing North Carolina, South Carolina, Geor­ No. MC-F-9419. Authority sought for at the time and place indicated. gia, Alabama, and Florida. N ote: Com­ purchase by THE E. J. KELLEY CO., (2) All of the written statements by mon control may be involved. INC., Railroad Square, Torrington, applicant’s company witnesses shall be HEARING: June 13, 1966, at the Conn., of the operating rights and prop­ offered in evidence at the hearing in the Sheraton-Fontenelle Hotel, 1806 Douglas erty of MID-HUDSON EXPRESS, INC., same manner as any other type of evi­ Street, Omaha, Nebr., before Examiner Vineyard Avenue, Highland, N.Y. Ap­ dence. The witnesses submitting the Robert H. Murphy. plicants’ attorney: John R. Sims, Jr., written statements shall be made avail­ No. MC 114284 (Sub-No. 32), filed May 1750 Pennsylvania Avenue NW., Wash­ able at the hearing for cross-examina­ 10, 1966. Applicant: FOX-SMYTHE ington, D.C., 20006. Operating rights tion, if such becomes necessary. TRANSPORTATION CO., a corporation, (3) The writtén statements by appli­ Post Office Box 82307, Stockyards Sta­ sought to be transferred: General com­ tion, Oklahoma City, Okla. Applicant’s modities, as a common carrier, over ir­ cant’s company witnesses, if received in evidence, will be accepted as exhibits. representative: John E. Jandera, 641 regular routes, between Kingston, N.Y., To the extent the written statements Harrison Street, Topeka, Kans., 66603. on the one hand, and, on the other, refer to attached documents such as Authority sought to operate as a common points in Ulster, Dutchess, and Orange copies of operating authority, etc., they carrier, by motor vehicle, over irregular Counties, N.Y.; and under a certificate should be referred to in written state­ routes, transporting: Meats, meat prod­ ment as numbered appendices thereto. ucts, meat byproducts,' and articles of registration, in Docket No. MC-90421 distributed by meat packinghouses, as (Sub-No. 3) covering the transportation (4) The admissibility of the evidence contained in the written statements and described in sections A and C of appendix of general commodities, as a common the appendices thereto, will be at the I to the report in Descriptions in Motor carrier in intrastate commerce, within time of offer, subject to the same rules Carrier Certificates, 61 M.C.C. 209 and the State of New York. Vendee is au­ as if the evidence were produced in the 766 (except hides and commodities in thorized to operate as a common carrier usual manner. bulk, in tank vehicles), from points in (5) Supplemental testimony by a wit­ Morgan and Logan Counties, Colo., to in Massachusetts, Connecticut, New points in Utah, Nevada, Arkansas, Kan­ York, New Jersey, Pennsylvania, Ver­ ness to correct errors or to supply inad­ vertent omissions in his written state­ sas, Nebraska, South Dakota, North mont, New Hampshire, and Rhode Is­ ment is permissible. Dakota, Oklahoma, Texas, New Mexico, land. Application has not been filed for No. MC 69281 (Sub-No. 38), filed May Iowa, Arizona, and California. temporary authority under section 210a 2, 1966. Applicant: THE DAVIDSON HEARING: June 20, 1966, at the New (b). Note: Docket No. MC-2830 (Sub- TRANSFER & STORAGE CO., a corpo­ Courthouse and Federal Building, 1961 No. 6) is a matter directly related. ration, 6201 Pulaski Highway, Baltimore, Stout Street, Denver, Colo., before Ex­ Md. Applicant’s representative: Clif­ aminer Harry M. Shooman. By the Commission. ford E. Sanders, 321 East Center Street, By the Commission. Post Office Box G, Kingsport, Tenn., [SEAi.] H. N eil Garson, 37662. Authority sought to operate as [seal] H. N eil G arson, Secretary. a common carrier, by motor vehicle, over Secretary. [F.R. Doc. 66-5405; Piled, May 17, 1966; regular routes, transporting: General [Fit. Doc. 06-5407; Filed, May 17, 1966; 8:49 am.] commodities (except those of unusual 8:49 a.m.]

FEDERAL REGISTER, VOL. 31, NO. 96— WEDNESDAY, MAY 18, 1966 7272 NOTICES

[Notice 1348J the transfer to DeWall Trucking Serv­ NOTICE OF FILING OF MOTOR CAR­ ice, Inc., Rockford, 111., of the operating RIER INTRASTATE APPLICATIONS MOTOR CARRIER TRANSFER rights of Urban DeWall, doing business PROCEEDINGS as, DeWall Trucking Service, Rockford, May 13, 1966. 111., in certificate No. MC-119362 and M a t 13, 1966. The following applications for motor No. MC-119362 (Sub-No. 1), issued by common carrier authority to operate in Synopses of orders entered pursuant to the Commission October 10, 1962, and intrastate commerce seek concurrent section 212(b) of the Interstate Com­ March 29, 1965, respectively, authorizing motor carrier authorization in interstate merce Act, and rules and regulations pre­ the transportation of: Corrugated pulp- or foreign commerce within the limits of scribed thereunder (49 CFR Part 179), board boxes, knocked-down, and ship­ the intrastate authority sought, pursu­ appear below: ping containers, knocked-down, includ­ ant to section 206(a)(6) of the Inter­ As provided in the Commission’s spe­ ing necessary partitions and separaters state Commerce Act, as amended Octo­ cial rules of practice any interested per­ used therein from Rockford, HI., to spec­ ber 15, 1962. These applications are son may file a petition seeking recon­ ified points in Wisconsin and Iowa. governed by Special Rule 1.245 of the sideration of the following numbered John W. Hallock, 807 Talcott Building, Commission’s rules of practice, published proceedings within 20 days from the date Rockford, 111., 61101, attorney for appli- in the F ederal R egister, issue of April of publication of this notice. Pursuant 11, 1963, page 3533, which provides, to section 17(8) of the Interstate Com­ No. MC-FC-68721. By order of May among other things, that protests and merce Act, the filing of such a petition 12, 1966, the Transfer Board approved requests for information concerning the will postpone the effective date of the the transfer to Commercial Hotshot time and place of State commission hear­ order in that proceeding pending its Service, Inc., Natchez, Miss., from James ings or other proceedings, any subse­ disposition. The matters relied upon by H. Swiney, Jr., doing business as Com­ quent changes therein, and any other petitioners must be specified in their mercial Hotshot Service, Vidalia, La., of related matters shall be directed to the petitions with particularity. the operating rights in certificate No. State commission with which the appli­ No. MC-FC-68697. By order of MC-123752 (Sub-No. 1), issued July 25, cation is filed and shall not be addressed May 12, 1966, the Transfer Board ap­ 1962, to Samuel P. Tiffee, doing business to or filed with the Interstate Commerce proved the transfer to Franklin Bus as Tiffee’s Light Oil Field Hauling, Commission. Service, Inc., Franklin, Va., of certifi­ Natchez, Miss., and acquired by James H. cate in No. MC-123126 (Sub-No. 1), is­ Swiney, Jr., doing business as Commer­ State Docket No. M-4007, filed April sued May 15, 1963, to Gumie Lee Blunt, 27, 1966. Applicant: ALVIN G. HASEN, cial Hotshot Service, pursuant to No. doing business as HASEN TRUCK LINE, doing business as Blunt’s Bus Line, MC-FC-67426, consummated March 17, Franklin, Va., authorizing the transpor­ 1965, authorizing the transportation, over Booneville, Ark. Applicant’s represent­ tation of: Passengers and their baggage, ative: Thomas Harper, Kelley Building, irregular routes, of: Machinery, equip­ Post Office Box 43, Fort Smith, Ark. in charter operations, beginning and end­ ment, materials and supplies used in ing at points in Nansemond, Sussex, Certificate of public convenience and replacing, servicing, and repair of ma­ necessity sought to operate a freight Isle of Wight, and Southampton Coun­ chinery and equipment used in, or in ties, Va., and extending to New York, service as follows: Transporting general connection with the discovery, develop­ commodities (except those of unusual N.Y., Washington, D.C., and points in ment and production of natural gas and Maryland and North Carolina. Henry value, classes A and B explosives, house­ petroleum and their products and by­ hold goods, commodities in bulk, com­ E. Ketner, 1028 State Planters Bank products, restricted to shipments weigh­ Building, Richmond, Va., representative modities requiring special equipment and ing 1,500 pounds or less each, between those injurious or contaminating to other for applicants. points in Adams County, Miss., on the No. MC-FC-68700. By order of May lading, all as defined by the Interstate one hand, and, on the other, points in Commerce Commission), between Boone­ 10, 1966, the Transfer Board approved Alabama, Arkansas, and Louisiana. the transfer to Floyd David Bullock, Sr., ville, Ark., and Danville, Ark., over Ar­ Lucien C, Gwin, Post Office Box 1061, kansas Highway 10, serving all interme­ doing business as Floyd Bullock, Hatties­ Natchez, Miss., 39120, attorney for ap­ diate points. burg, Miss., of the operating rights in plicants. permit No. MC-123919, issued January No. MC-FC-68724. By order of May HEARING: June 8, 1966, at 10 a.m., 24, 1966, to James Lamar Stewart, doing 10, 1966, the Transfer Board approved at the Justice Building, Little Rock, Ark. business as Stewart Trucking Co., Can­ the transfer to Ivan I. Pratt, doing busi­ Requests for procedural information, ton, Miss., authorizing the transporta­ ness as Pratt Motor Freight, Milbank, S. including the time for filing protests, tion, over irregular routes, of farm sup­ Dak., of certificate No. MC-82082, issued concerning this application should be ad­ plies from Birmingham and Mobile, Ala., November 21, 1963, to Matth Kanthak dressed to the Arkansas Commerce Com­ and New Orleans, La., to points in a and LeRoy Kanthak, a partnership, mission, Justice Building, Little Rock, specified area in Mississippi, with cer­ doing business as Kanthak Trucking, Ark., 72201, and should not be directed tain restrictions. Donald B. Morrison, Nassau, Minn., authorizing the trans­ to the Interstate Commerce Commission. Box 961, Jackson, Miss., attorney for portation of: Feed, livestock, agricul­ State Docket No. H-4932, filed April transferee. tural commodities, household goods as 26, 1966. Applicant: RAYMOND F. No. MC-FC-68701. By order of May defined by the Commission, lumber, HUGHES, doing business as HUGHES 10, 1966, the Transfer Board approved emigrant movables, twine, and farm FREIGHT LINE, 105 South 13th Street, the transfer to Kenneth E. Vaughn, machinery and parts thereof, over ir­ Centerville, Iowa. Applicant’s repre­ doing business as Vaughn’s Transfer, regular routes between Nassau, Minn., sentative: Kenneth F. Dudley, 901 South Monmouth, 111., of the operating rights and points in Minnesota within 35 miles Madison Avenue, Box 279, Ottumwa, in certificate No. MC-68610, issued De­ thereof, on the one hand, and, on the Iowa, 52501. Certificate of public con­ cember 2, 1952, to Amanda J. Vaughn, other, points in Roberts, Grant, Deuel, venience and necessity sought to operate doing business as Vaughn’s Transfer, and Codington Counties, S. Dak., and a freight service as follows: Transporting Monmouth, 111., authorizing the trans­ between points in South Dakota within general commodities, between Ottumwa, portation, over irregular routes, of petro­ 35 miles of Nassau, Minn., on the one Iowa, and Lineville, Iowa, over U.S. leum products and gasoline filling sta­ hand, and, on the other, Minneapolis, Highway 63 to junction Iowa Highway tion supplies and equipment between St. Paul, South St. Paul, and Newport, 2, thence over Iowa Highway 2, to junc­ Waterloo, Iowa, and Monmouth, HI., and Minn. A. R. Fowler, 2288 University household goods between points in Hli- tion U.S. Highway 65, thence over U.S. Avenue, St. Paul, Minn., 55114, repre­ Highway 65 to Lineville, Iowa, serving nois and Iowa. William A. Landau, sentative for applicants. 1307 East Walnut Street, Des Moines, all intermediate points and the off-route Iowa, 50316, representative for appli­ [seal] H. N eil Garson, points of Allerton, Clio, Drakesville, cants. Secretary. Floris, Harvard, Numa, Paris (Bunch), No. MC-FC-68717. By order of May [F.R. Doc. 66-5408; Filed, May 17, 1966; Rathburn, Seymour, Udell, and Union- 10, 1966, the Transfer Board approved 8:49 a.m.] ville, Iowa.

FEDERAL REGISTER, VOL. 31, NO. 96— WEDNESDAY, MAY 18, 1966 NOTICES 7273 HEARING: July 19, 1966, 10 o’clock ajn., c.d.s.t., at the office of the Iowa State Commission, State Capitol, Des Moines, Iowa, 50319. Requests for procedural information, including the time for filing protests, concerning this application should be addressed to the Iowa State Commission, State Capitol, Des Moines, Iowa, 50319 and should not be directed to the Inter­ state Commerce Commission. By the Commission. [ seal] H. Neil Garson, Secretary. [F.R. Doc. 66-5409; Filed May 17, 1966; 8:49 a.m.]

CUMULATIVE LIST OF PARTS AFFECTED— MAY

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 May.

3 CFR Page 7 CFR— Continued Page 12 CFR—Continued Page P roclamation: ^ 729______6581,6957 16______6955 3718______6567 813______6819 208______7224 3719-______6607 815______6860 220______— 7169 3720 ______6679 905______6958 522______6905, 3721 ______6817 908______6825, 7030, 7109 524— 1______— _ 6905 3722 ______6855 909______6825, 7109 3723 ______6945 910______6826, 7110 14 CFR 3724 ______7027 917 ______7241, 7242 39______6582, 3725 ______—— 7107 918 ______6958 6685, 6790, 6959, 7031, 7ill, 7170 Executive Order : 944______6959 71______6582, 8389 (see EO 11281)______7215 959______6860 6584, 6791, 6826, 6827, 6864, 6959, 9989 (superseded by EO 965— ______7243 6960, 7031, 7112, 7171, 7172, 7217 11281)______- 7215 980______6629 73— ______6893, 7032, 7112, 7217 10348 (superseded by EO 1098 ______— 6581 95------7112 11281)__ 7215 1099 ______6861,7110 97______6612, 6685, 6828, 6894, 7218 10644 (amended by EO 1421______6904,7243 137— ------6685 11281).______7215 1427—___ :______6861, 7110 151------6686 11017 (Superseded by EO 1434______.— _____ 6582 208______6620 11278)______-______6681 1490______6862 223______6584 11069 (Superseded by EO P roposed R ules: 320______6585 11278)______6681 52______6871, 7185 378 ______6621 11218 (Superseded by EO 58______— 6715 Proposed R ules: 11278)______6681 916______— ___ 6871 37------;______7084 11277 ______6609 965______6592 39--- ______7148 11278 ______6681 1032______— 6631 71------6716, 11279 ______6947 1038 ______— 7061 6717, 6837, 6838, 6873, 6908, 6987, 11280 ______7167 1039______— ___ 7061 7149, 7187. 11281 ______7215 1050______6631 75------7085 Presidential D ocuments Other 1065______6873 105______6988 Than P roclamations and Exec­ 1068______7129 121— — i______6592 utive Orders: 1099______7129 246— ______6986 Reorganization Plan No. 2 of 1125 ______7062 1966______6857 1126 ______6631 15 CFR 1133____ 1______6986 5 CFR 30------6587 213___ 6769, 6859, 6903, 6949, 7169 8 CFR 369------7037 772______6569, 6949 204------7217 372 ------7038 214— ------6611, 7170 373 ------6707, 7038 6 CFR 374— i------6707 70______7029 9 CFR 377------6707 7 CFR 76______7029 379 ______6709 7-1------6569 382------6707, 6709, 7038 50------.w------6570 12 CFR 384 ------6709, 6864 51 ------7169 l ______6826, 6905 385 ------6709 68------*____i ______6629 10 _ ___ 6949 399------6707, 6709, 6829, 6866, 7038 701------6957, 7169 11 _ — 6950 718 ------6859 12 _ ___ 6952 16 CFR 719 ------7030 13 ______6953 13 ------— 7056-7059 722______6573, 6580, 6859 14 _ ___ 6954 15------6866, 6906, 7225 724------6819 15 _ ___ 6955 59------6960

FEDERAL REGISTER, VOL. 31, NO. 96— WEDNESDAY, MAY 18, 1966 7274 FEDERAL REGISTER

17 CFR Page 31 CFR—Continued Page 43 CFR page 200______6588 316______6831 P ublic Land Orders: 240_____ 6705, 6706 332______6686,6831 3977 (amended by PLO 4000)____ 6868 3999 _____ 6907 10 CFR 32 CFR 4000 ______— ______6868 260_____ 7226 43______7228 P roposed R ules: 601_____ 7114 300______6831 1727______— 6984 606_____ 7127 706______6962 2221______6985 1472______6906 3130__ 6834 19 CFR 1810_.______6962,7175 3160______6836 i ______6611 10______6769 32A CFR 45 CFR P roposed R ules: BDSA (Ch. VI) : 90 ______7128 1______6871 BDSA Reg. 2__ 6590 171______7128 20______6908 M -11A ______7036 177______6591 20 CFR 801______6591 404______6611 33 CFR 46 CFR P roposed R ules: 203______6907,7175 309______6891 405______7131, 7143 207 ______6590, 6622, 6867 500______7180 208 ______6707 21 CFR , P roposed R ules: 35 CFR 290___: ______—_ 7131 8__ —______7172, 7227 , 510______¿______6792, 7248 10______7227 255______6831 512 ______6838 120______7172 513 ______6838 121______6830, 7173, 7227, 7228 38 CFR 131______6705, 6906 2______6770 47 CFR 146c______6830 9______7175 0______6627, 6831 146e____ —. ______7228 21______6771 1______6831,6868 148______7173 2___ 7235 166______7174 39 CFR 73______6627, 6628, 6868, 7238 91 ______7235 191______6622 P roposed R ules: P roposed Rules: 95______7235 21______6715 P roposed R ules : 51______6792 24______6715 121______7245 2______¿______6909,7086 133______7185 41 CFR 73___ :______6637, 166______7245 6638, 6792, 6838, 6874, 7086, 7246 6 -1 ______6622 87______6909, 7086 24 CFR 6 -2 ______6623 200______6866 6 -3 ______6623 48 CFR 6 -5 ______;______6624 16 ______7032 26 CFR 6 -7 ______6624 17 ______7033 1______6589,6966 6-11______6624 18 ______7034 31______6589, 7183 6-30______6624 19 ______7034 P roposed R ules : 6-60_____—______6625 49 CFR 1 _ „ ______6966 8- 7______7178 71-79—______6591 8-12______7179 95—______6832 28 CFR 9 - 12______6907 142_____ 6964 0______- ______6867 22-60______6625 188______6964 29 CFR 101-19—______7234 50 CFR 548_____ 6769 101-26______6963,7234 33______6629, 800_____ 6770 101-45______6831 6832» 6869, 6893, 6964, 7225, 7226 60______6833 31 CFR 42 CFR P roposed R ules: 90______6960 55______7128 32______— 7061 202____ 6590 81_____— 7128 271______7244