FEDERAL REGISTER VOLUME 32 • NUMBER 135

Friday, July 14,1967 • Washington, D.C. Pages 10337-10421 (Part II begins on page 10407)

Agencies in this issue— The President Agricultural Stabilization and Conservation Service Army Department Atomic Energy Commission Business and Defense Services Administration Civil Aeronautics Board Civil Service Commission Commerce Department Economic Development Administration Emergency Planning Office Federal Aviation Administration Federal Communications Commission Federal Deposit Insurance Corporation Federal Home Loan Bank Board Federal Maritime Commission Federal Power Commission Foreign Assets Control Office Immigration and Naturalization Service Interagency Textile Administrative " Committee Interstate Commerce Commission Land Management Bureau Maritime Administration National Park Service Securities and Exchange Commission Small Business Administration Transportation Department United States Information Agency Detailed list of Contents appears inside.

No. 135—Pt, I__ i Announcing First 10-Year Cumulation

TABLES OF LAWS AFFECTED in Volumes 70-79 of the

UNITED STATES STATUTES AT LARGE

Lists all prior laws and other Federal in­ public laws enacted during the years 1956- struments which were amended, repealed, 1965. Includes index of popular name or otherwise affected by the provisions of acts affected in Volumes 70-79.

Price: $2.50

Compiled by Office of the Federal Register, National Archives and Records Service, General Services Administration

Order from Superintendent of Documents, U.S. Government Printing Office Washington, D.C. 20402

Published daily, Tuesday through Saturday (no publication on Sundays, Mondays, or on the day after an official Federal holiday), by the Office of the Federal Register. National FEDEMLÄREGISTER■ . _ Jt Archives and Records Service, General Services Administration (mail address Nat on Area Code 202 V , 1934 ¿ y Phone 962-8626 Archives Building, Washington, D.C, 20408), pursuant to the authority contained in Federal Register Act, approved July 26, 1935 (49 Stat. 500, as amended; 44 U.S.C., Ch. 8B), under regulations prescribed by the Admin­ istrative Committee of the Federal Register, approved by the President (1 CFR Ch. I). Distribution is made only by the Superintende of Documents, U.S. Government Printing Office, Washington, D.C. 20402. T h e F ederal R egister will be furnished by mail to subscribers, free of postage, for $1.50 per month or $15 per year, payable _ advance. The charge for individual copies varies in proportion to the size of the issue (15 cents for the first 80 pages and 5 cents each additional group of 40 pages, as actually bound). -Remit check or money order, made payable to the Superintendent of Docume U.S. Government Printing Office, Washington, D.C. 20402. The regulatory material appearing herein is keyed to the Code of F ederal R egulations, which is published, under 50 titles, P ^ suant to section 11 of the Federal Register Act, as amended. The Code of F ederal R egulations is sold by the Superinten en Documents. Prices of books and pocket supplements are listed in the first F ederal R egister issue of each month. s There are no restrictions on the republication of material appearing in the F ederal R egister or th e Code of F ederal Regula Contenis THE PRESIDENT DEFENSE DEPARTMENT FEDERAL DEPOSIT INSURANCE See Army Department. CORPORATION proclamation Rules and Regulations Captive Nations Week, 1967------10343 ECONOMIC DEVELOPMENT Copyright extension: Germany— 10341 Clarification and definition of de­ ADMINISTRATION posit insurance coverage..____ 10408 Rules and Regulations Notices EXECUTIVE AGENCIES Establishment and organization; Examples of insurance coverage AGRICULTURAL STABILIZATION miscellaneous amendments___ 10365 afforded deposit accounts in Regional action planning commis­ banks insured by FDIC______10410 AND CONSERVATION SERVICE sions ______10365 FEDERAL HOME LOAN BANK Rules and Regulations EMERGENCY PLANNING OFFICE Sugar-containing products or mix­ BOARD tures; limitations on importa­ Notices tion ______10345 Occidental Petroleum Corp., et Rules and Regulations al.; additions to membership in Definitions; amendments relating AGRICULTURE DEPARTMENT voluntary agreement relating to to insurance of accounts______10415 See Agricultural Stabilization and foreign petroleum supply_____ 10396 Notices Conservation Service. FEDERAL AVIATION Examples of insurance coverage afforded accounts in institutions ARMY DEPARTMENT ADMINISTRATION insured by Federal Savings and Rules and Regulations Rules and Regulations Loan Insurance. Corporation 10417 Availability of information— _— 10355 Settlement of insurance______10415 Airworthiness directives; Pilatus ATOMIC ENERGY COMMISSION Model PC-6 Series airplanes FEDERAL MARITIME Serial Numbers to 620______: 10345 Notices Control zone; alteration______10346 COMMISSION California Nuclear, Inc.; pro­ Restricted area; revocation_____ 10347 Notices posed issuance of amendment to Standard instrument approach “Concordia Line” Joint Service; byproduct, source, and special p r o c e d u r e s ; miscellaneous agreement filed for approval__ 10394 nuclear material license______10387 amendments______10348 Vazquez, Adelino J.; rescission of Transition area: BUSINESS AND DEFENSE order revoking ocean freight Alteration (2 documents)____ 10346, forwarder license______10394 SERVICES ADMINISTRATION 10347 Notices Alteration and revocation____ 10346 FEDERAL POWER COMMISSION Designation and alteration___ 10347 Applications for duty-free entry Notices of scientific articles: Proposed Rule Making Hearings, etc.: Agricultural Department et al__ 10377 Airworthiness directives: Cities of Rogersville, Mo., et al_ 10394 San Fernando Valley State Col­ Avions Marcel Dassault Fan Jet Lands withdrawn in Project Nos. lege ------10378 Falcon airplanes (2 docu­ 104 and 1314______10395 Midwestern University et al___ 10378 ments! ______10370,10371 Northern Natural Gas Co., et al. 10395 University of California._____ 10379 British Aircraft Corp. Model Panhandle Eastern Pipe Line BÀC 1-11, 200 and 400 Series Co------10395 CIVIL AERONAUTICS BOARD airplanes______10371 Notices Dart Model 542-4 and 542-10 FOREIGN ASSETS CONTROL Buker Airways, Inc.; order to show engines______10372 OFFICE cause------____ 10388 Control zone; proposed alteration. 19372 Objects affecting navigable air­ Notices CIVIL SERVICE COMMISSION space __ 10373 Government of Hong Kong; cut Rules and Regulations jade stones et al.; availability of FEDERAL COMMUNICATIONS certificates of origin___ ;______10377 Treasury Department; excepted COMMISSION service ------10345 IMMIGRATION AND Notices Rules dnd Regulations NATURALIZATION SERVICE Home economic series; revision of Organization; order relative to educational requirements___ _ 10389 delegation of authority__ 10363 Proposed Rule Making Immigration regulations______10370 COMMERCE DEPARTMENT Proposed Rule Making See also Business and Defense Educational reservations at Sa­ INTERAGENCY TEXTILE Services Administration; Eco­ vannah, Pembroke, Columbus, ADMINISTRATIVE COMMITTEE nomic Development Administra- and Warm Springs, Ga.; table 11011 *' Maritime Administration. of assignments______i _____ 10375 Notices Notices Special emergency radio service; Certain cotton textiles and cotton eligibility of medical associa­ textile products produced or Assistant Secretary of Commerce tions for authorizations______10375 ior Economic Development; manufactured in Greece; entry Notices or withdrawal from warehouse o S S r °f authority------10386 for consumption ______10396 urf anizati°n and functions: Kittyhawk Broadcasting Corp., Administrative Services Office e ta l------10380 et al.; applications for construc­ INTERIOR DEPARTMENT tion permits..______10390 Economic Development Admin- See Land Management Bureau; istration Standard broadcast applications ______ready and available for process­ National Park Service. Maritime Administration_____ 10387 ing ____------10389 (Continued on next page) 10339 10340 CONTENTS

INTERSTATE COMMERCE NATIONAL PARK SERVICE SMALL BUSINESS COMMISSION Notices ADMINISTRATION Notices Crater Lake National Park; notice Rules and Regulations Applications under sections 5 and of intention to negotiate con­ Small business size standards; 210a (b)______10403 cession contract______10377 definition of small business in Fourth section application for engineering and architectural relief______10398 SECURITIES AND EXCHANGE services for purpose of receiving Motor carrier: COMMISSION financial assistance______10364 Temporary authority applica­ Notices tions (2 documents)__ 10398,10401 TRANSPORTATION DEPARTMENT Transfer proceedings______10401 Hearings, etc.: Chevron Overseas Finance Co— 10397 See also Federal Aviation Admin­ JUSTICE DEPARTMENT Northern Instrument Corp____ 10396 istration. Puritan Fund, Inc______10398 Rules and Regulations See Immigration and Naturaliza­ S & P National Corp______10396 tion Service. Steel Crest Homes, Inc______10397 Rule-making procedures—______10363 LAND MANAGEMENT BUREAU TREASURY DEPARTMENT Notices See Foreign Assets Control Office. Nevada ; proposed classification of land ______!______10377 UNITED STATES INFORMATION MARITIME ADMINISTRATION AGENCY Notices Rules and Regulations Union Carbide Corp.; notice of al­ World-wide free flow (export- location of Hospital Ship “USS import) of audio-visual mate­ Haven” ______10387 rials ______10352

List of CFR Parts Affected (Codification Guide) The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulative list of parts affected, covering the current month to date, appears at the end of each issue beginning with the second issue of the month. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1, 1967, and specifies how they are affected.

3 CFR 12 CFR 22 CFR P roclamation : 330. 10408 502_____ 10352 3792 _____ 10341 561 10415 10343 564 10415 3793 _____ 32 CFR 5 CFR 13 CFR 518 10355 213____ 10345 121 10364 301 10365 7 CFR 307 10365 47 CFR 817______10345 0— ___ 10363 14 CFR P r o po sed R u l e s : 8 CFR 39______10345 73 10375 P r o po sed R u l e s : 71 (5 documents) 10346,10347 89 10375 211______10370 73— _— — ____ — 10347 212______10370 97— ______10348 214______10370 P r o po sed R u l e s : 49 CFR 241.1______:___ 10370 39 (4 documents) 10370-10372 10363 292______— 10370 71—___ — ______10372 5— ___ 77—— ______10373 Presidential Documents

Title 3— THE PRESIDENT Proclamation 3^92 COPYRIGHT EXTENSION: GERMANY By the President of the United States of America A Proclamation WHEREAS the President is authorized, in accordance with the con­ ditions prescribed in Section 9 of Title 17 of the United States Code, which includes the provisions of the act of Congress approved March 4,1909,35 Stat. 1075, as amended by the act of September 25, 1941, 55 Stat. 732, to grant an extension of time for fulfillment of the conditions and formalities prescribed by the copyright laws of the United States of America, with respect to works first produced or published outside the United States of America and subject to copyright or to renewal of copyright under the laws of the United States of America, by na­ tionals of countries which accord substantially equal treatment to citizens of the United States of America; and WHEREAS satisfactory official assurances have been received that, since April 15,1892, citizens of the United States have been entitled to obtain copyright in Germany for their works on substantially the same basis as German citizens without the need of complying with any formalities, provided such works secured protection in the United States; and WHEREAS, pursuant to Article 2 of the Law No. 8, Industrial, Literary and Artistic Property Rights of Foreign Nations and Na­ tionals, promulgated by the Allied High Commission for Germany on October 20,1949, literary or artistie property rights in Germany owned by United States nationals at the commencement of or during the state of war between Germany and the United States of America which were transferred, seized, requisitioned, revoked or otherwise impaired by war measures, whether legislative, judicial or administrative, were, upon request made prior to October 3V1950, restored to such United States nationals or their legal successors; and WHEREAS, pursuant to Article 5 of the aforesaid law, any literary or artistic property right in Germany owned by a United States na­ tional at the commencement of or during the state of war between Germany and the United States of America was, upon request made prior to October 3,1950, extended in term for a period corresponding to the inclusive time from the date of the commencement of the state of war, or such later date on which such right came in existence, to September 30,1949; and WHEREAS, by virtue of a proclamation by the President of the United States of America dated May 25, 1922, 42 Stat. 2271, German citizens are and have been entitled to the benefits of the act of Congress approved March 4,1909,35 Stat. 1075, as amended, including the bene­ fits of Section 1(e) of, the aforementioned Title 17 of the United. States Code; and WHEREAS, a letter of February 6, 1950, from the Chancellor of the Federal Republic of Germany to the Chairman of the Allied High Commission for Germany established the mutual understanding that reciprocal copyright relations continued in effect between the Federal Republic of Germany and the United States of America:

FEDERAL REGISTER, VOL. 32, NO. 135— FRIDAY, JULY 14, 1967 10342 THE PRESIDENT NOW, THEREFORE, I, LYNDON B. JOHNSON, President of the United States of America, by virtue of the authority vested in me by Section 9 of Title 17 of the United States Code, do declare and proclaim: (1) That, with respect to works first produced or published outside the United States of America: (a) where the work was subject to copyright under the laws of the United States of America on_or after September 3,1939, and on or before May 5,1956, by an author or other owner who was then a German citizen; or (b) where the work was subject to renewal of copyright under the laws of the United States of America on or after September 3, 1939, and on or before May 5, 1956, by an author or other person specified in Sections 24 and 25 of the aforesaid Title 17 who was then a German citizen, there has existed during several years of the aforementioned period such dis­ ruption and suspension of facilities essential to compliance with condi­ tions and formalities prescribed with respect to such works by the copyright law of the United States of America as to bring such works within the terms of Section 9(b) of the aforesaid Title 17; and (2) That, in view of the reciprocal treatment accorded to citizens of the United States by the Federal Republic of Germany, the time within which persons who are presently German citizens may comply with such conditions and formalities with respect to such works is hereby extended for one year after the date of this proclamation. It shall be understood that the term of copyright in any case is not and cannot be altered or affected by this proclamation. It shall also be understood that, as provided by Section 9(b) of Title 17, United States Code, no liability shall attach under that title for law­ ful uses made or acts done prior to the effective date of this proc­ lamation in connection with the above-described works, or with respect to the continuance for one year subsequent to such date of any business undertaking or enterprise lawfully undertaken prior to such date involving expenditure or contractual obligation in con­ nection with the exploitation, production, reproduction, circulation or performance of any such works. IN WITNESS WHEREOF, I have hereunto set my hand this twelfth day of July in the year of our Lord nineteen hundred and - sixty-seven, and of the Independence of the United States of America the one hundred and ninety-second.

[F.R. Doc. 67-8177; Filed, July 12,1967; 1:26 p.m.]

FEDERAL REGISTER, V O L 3 2 , NO. 135— FRIDAY, JULY 14, 1967 THE PRESIDENT 10343

Proclamation 3793 CAPTIVE NATIONS WEEK, 1967 By the President of the United States of America A Proclamation WHEREAS the joint resolution approved July 17,1959 (73 Stat. 212), authorizes and requests the President of the United States of America to issue a proclamation each year designating the third week in July as “Captive Nations Week” until such time as freedom and independence shall have been achieved for all the captive nations of the world; and WHEREAS freedom and justice are basic human rights to which all men are entitled; and WHEREAS the independence of peoples requires their exercise of the elemental right of free choice; and WHEREAS these inalienable rights have been circumscribed or denied in many areas of the world; and WHEREAS the United States of America, from its founding as a nation has had an abiding commitment to the principles of national independence and human freedom: NOW, THEREFORE, I, LYNDON B. JOHNSON, President of the United States of America, do hereby designate the week beginning July 16,1967 as Captive Nations Week. I invite the people of the United States of America to observe this week with appropriate ceremonies and activities, and I urge them to g;ive renewed devotion to the just aspirations of all peoples for na­ tional independence and human liberty. IN WITNESS WHEREOF, I have hereunto set my hand this twelfth day of July in the year of our Lord nineteen hundred and sixty-seven, and of the Independence of the United States of America the one hundred and ninety-second.

[F.R. Doc. 67-8207; Filed, July 13, 1967; 10:07a.m.]

FEDERAL REGISTER, VOL. 32, NO. 135— FRIDAY, JULY 14, 1967

10345 Rules and Regulations

eming provisions of Presidential Procla­ mations, it is found and determined that Title 14— AERONAUTICS AND Title 7-AGRICULTURE compliance with the notice, public pro­ Chapter VIII— Agricultural Stabiliza­ cedure and 30-day effective date require­ SPACE tion and Conservation Service ments in 5 Ü.S.C. 553 is unnecessary and Chapter I— Federal Aviation Adminis­ (Sugar), Department of Agriculture this amendment shall become effective when filed for public inspection in the tration, Department of Transporta­ SUBCHAPTER B— SUGAR REQUIREMENTS AND Office of the Federal Register. tion QUOTAS Signed at Washington, D.C., this 10th SUBCHAPTER C— AIRCRAFT [Sugar Beg. 817, Amdt. 8] day of July 1967. [Docket No. 7886; Amdt. 39-443] PART 817— REQUIREMENTS RELAT­ O r v il l e L. F r e e m a n , PART 39— AIRWORTHINESS ING TO BRINGING OR IMPORTING Secretary. DIRECTIVES SUGAR OR LIQUID SUGAR INTO [F.R. Doc. 67-8126; Filed, July 13, 1967; CONTINENTAL UNITED STATES 8:47 a m .] Pilatus Model PC—6 Series Airplanes Serial Numbers to 620 Limitations on the Importation of Sugar-Containing Products or Mix­ A proposal to amend Part 39 of the Federal Aviation Regulations to include tures Title 5— ADMINISTRATIVE an airworthiness directive requiring in­ Basis and purpose and basis and con­ spection and repair, where necessary, of siderations. Pursuant to section 22 of the PERSDNNEL the elevator attachment brackets on the Agricultural Adjustment Act, as amended Chapter I— Civil Service Commission Pilatus Model PC-6 Series airplanes, (7 U.S.C. 624), the President issued Proc­ serial numbers to 620 was published in lamation 3790 dated June 30,1967, which PART 213— EXCEPTED SERVICE 32 F.R. 614. among other things established quantity Interested persons have been afforded import limitations for 1967 on butterfat Treasury Department an opportunity to participate in the mak­ containing products. The regulations is­ Section 213.3105 is amended to show ing of the amendment. Although no ob­ sued under the Sugar Act of 1948, as that not to exceed 10 positions in the jections were received, the FAA has de­ amended, limiting the importation of Research and Planning Office in the Of­ termined that the requirement that the products containing sugar and butterfat fice of the Assistant Secretary for In­ “repair” referred to in the AD be accom­ are subject to the quantity import limi­ ternational Affairs are excepted under plished by modifying the part in accord­ tations on butterfat containing products Schedule A when filled by individuals ance with Pilatus Service Bulletin No. imposed by Presidential Proclamations with special qualifications for the par­ 67 is too restrictive and that other equiv­ issued pursuant to section 22 of the Agri­ ticular study being undertaken. The po­ alent methods can be used. Therefore, cultural Adjustment Act, as amended. sitions are at the equivalent of GS-13 the AD has been revised to provide that a The purpose of this amendment is to through GS-17 and are established to cracked part may be replaced with a new correlate such regulations with the im­ supplement the permanent staff in the or used uncracked part or may be modi­ port limitations on butterfat containing study of complex problems relating to fied in accordance with the service bulle­ products established by such Presidential international financial and economic tin, in which event the inspection may Proclamations. policies and programs of the Govern­ be discontinued. Pursuant to authority vested in the ment. Employment under this authority Inasmuch as these changes provide an Secretary of Agriculture by the Sugar is limited to 4 years. Effective on pub­ alternative means of compliance and Act of 1948, as amended (61 Stat. 922, lication in the F ederal R e g is t e r , para­ impose no additional burden on any as amended), § 817.10 paragraph (d) is graph (f) is added under § 213.3105 as person, further notice and public pro­ amended by amending the second sen­ set out below. cedures are not required. tence thereof, preceding the tabulation In consideration of the foregoing, and of countries, to read as follows: § 213.3105 Treasury Department. pursuant to the authority delegated to * * * * * § 817.10 Sugar-containing products and me by the Administrator (25 F.R. 6489), mixtures. (f) Office of the Assistant Secretary § 39.13 of Part 39 of the Federal Aviation * * * * * for International Affairs. (1) Not to ex­ Regulations is amended by adding the (d) ♦ * * The total quantity of all ceed 10 positions in the Research and following new airworthiness directive: such products or mixtures which may be Planning Office at the equivalent of GS- P ilatus. Applies to all Models PC-6 air­ imported during the calendar year 1967 13 through GS-17 to supplement the planes, Serial Numbers to 620. each of the following countries permanent staff in the study of com­ Compliance required as indicated. shall not exceed the amount stated as plex problems relating to international To detect cracks of the elevator attach­ loilows for such country, except that the financial and economic policies and pro­ ment bracket, Part No. 6300.11, accomplish grams of the Government, when filled the following: total quantity of products or mixtures (a) Within the next 50 hours’ time in containing butterfat which may be im- by individuals with special qualifications service after the effective date of this AD, fi0111 a f 1»feign country is also sub- for the particular study being under­ unless already accomplished within the last ii tf Quantity import limitations on taken. Employment under this authority 50 hours’ time in service, and thereafter at butterfat containing products imposed may not exceed 4 years. Intervals not to exceed 100 hours’ time in y Presidential Proclamations issued (5 U.S.C. 3301, 3302, E.O. 10577, 19 F.B. 7521, service from the last inspection, visually in­ pursuant to section 22 of the Agricultural 3 CFR, 1954-1958 Comp., p. 218) spect the elevator attachment bracket, P/N Adjustment Act, as amended (7 U.S.C. 6300.11, for cracks between the welded seams. U n it e d S ta t es C iv il S erv ­ (b) If cracks are detected during the in­ ic e C o m m is s io n , spection required by paragraph (a), before 932; 7 U-S’C- 1153: sec- 2< Ese a l ] J a m es C. S p r y , further flight either replace the defective S t a f l 277) 7 “ amencied by 89-331, Executive Assistant to part with a new or used uncracked part of the same part number or modify the part the Commissioners. in accordance with Pilatus Service Bulletin Since this amendme [F.R. Doc. 67-8128; Filed, July 13, 1967; No. 67 or later Swiss Federal Air office-ap­ rely correlates regulations with go 8:48 a.m .] proved issue, or an FAA-approved equivalent.

No. 135— P t. I ___ 2 FEDERAL REGISTER, VOL. 32, NO. 135— FRIDAY, JULY 14, 1967 10346 RULES AND REGULATIONS

(c) The repetitive inspections required by [Airspace Docket No. 67-WE-26] Interested persons were given 45 days paragraph (a) of this AD may be discontin­ PART 71— DESIGNATION OF FEDERAL to submit written comments, suggestions ued after the elevator attachm ent bracket is or objections regarding the proposed modified in accordance with Pilatus Service AIRWAYS, CONTROLLED AIRSPACE, Bulletin No. 67 or later Swiss Federal Air amendments. office-approved issue, or an FAA-approved AND REPORTING POINTS No objections have been received and equivalent. Alteration of Transition Area the amendments as so proposed are hereby adopted, subject to the following This amendment becomes effective On May 25, 1967, F.R. Doc. 67-5814 changes: August 13,1967. was published in the F ederal R e g is t e r (1) The Civic Memorial Airport, Al­ (Secs. 313(a), 601, and 603 of the Federal (32 F.R. 7634), which altered the 1,200 ton, HI., coordinates recited in the St. Aviation Act of 1958; 49 U.S.C. 1354(a), 1421, foot portion of the Alamosa, Colo., tran­ Louis, Mo., transition area redesignation a n d 1423) sition area. as “latitude 38°53'28" N., longitude Issued in Washington, D.C., on July 6, Interested persons were given 30 days 90°03'02" W.” are changed to read 1967. in which to submit written comments, “latitude 38°53'30" N., longitude E dw ard C. H o d so n , suggestions, or objections regarding the 90°03'00" W.” Acting Director, proposed alteration. No objections were (2) Those portions of the St. Louis, Flight Standards Service. received and the amendment as so pro­ Mo., transition area redesignation recited [F.R. Doc. 67-8117; Filed, July 13, 1967; posed is hereby adopted subject to the in the subject Notice which read “2,500 8:47 a.m .] following changes: feet above the surface” and “4,500 feet In consideration of the foregoing, the above the surface” respectively, are description of the Alamosa, Colo., tran­ changed to read “2,500 feet MSL” and SUBCHAPTER E— AIRSPACE sition area as contained in F.R. Doc. 67- “4,500 feet MSL.” [A irspace D ocket No. 67-CE-58] 5814 (32 F.R. 7634) is changed by delet­ These amendments shall be effective 0001 e.Sit., September 14,1967. PART 71— designation o f f e d e r a l in g“* * * T * * *” in the seventh line, AIRWAYS, CONTROLLED AIRSPACE, “* * * (326° M) * * *” in the eighth (Sec. 307(a) of the Federal Aviation Act of line, “* * * T (114% M) * * *” and 1958; 49 U.S.C. 1348) AND REPORTING POINTS “* * * T (294° * * *” in the 11th line, Issued in Kansas City, Mo., on June 23, Alteration of Control Zone and “* * * M) * * *” in the 12th line. 1967. Since this correction is editorial in D a n ie l E . B arrow, On page 6846 of the F ederal R e g is t e r nature and imposes no additional bur- Acting Director, Central Region. dated May 4, 1967, the Federal Aviation iden on any person, compliance with sec­ Administration published a notice of tion 4 of the Administrative Procedures (1) Redesigiiate the St. Louis, Mo., proposed rule making which would Act (5 U.S.C. section 553) is unnecessary. transistion area as that airspace extend­ amend § 71.171 of Part 71 of the Federal ing upward from 700 feet above the Aviation Regulations so as to alter the Effective date. This amendment is ef­ surface within a 10-mile radius of control zone at Milwaukee, Wis. (Tim­ fective 0001 e.s.t., September 14,1967. Lambert-St. Louis Municipal Airport merman Airport). (Sec. 307(a) of the Federal Aviation Act of (latitude .38°44'50" N., longitude 90°21'- Interested persons were given 45 days 1958, as amended; 72 Stat. 749; 49 U.S.C. 55" W.), within 5 miles southeast and to submit written comments, sugges­ 1348) 8 miles northwest of the Lambert-St. tions or objections regarding the pro­ Issued in Los Angeles, Calif., on Louis Municipal Airport Runway 24 ILS posed amendment. June 29, 1967. localizer northeast course extending from No objections have been received and A . E . H o r n in g , the 10-mile radius area to 12 miles north­ the proposed amendment is hereby Acting Director, Western Region. east of the Runway 24 OM, within 5 adopted without change and is set forth In § 71.181 (32 F.R. 2148) the Alamosa, miles southwest and 8 miles northeast below. Colo., transition area is amended by de­ of the Lambert-St. Louis Municipal This amendment shall be effective 0001 leting all after“ * * * that airspace ex­ *- Airport Runway 12R ILS localizer north­ e.s.t., September 14, 1967. tending upward from 1,200 feet above the west course extending from Runway 12R This amendment is made under the surface * * *”, and substituting there­ OM to 12 miles northwest, within a authority of section 307(a) of the for, “within 7 miles west and 11 miles 5-mile radius of Civic Memorial Airport, Federal Aviation Act of 1958 (49 U.S.C. Alton, HI. (latitude 38°53'30" N., longi­ east of the Alamosa VORTAC 339° radial, tude 90°03'00" W.), within 2 miles each 1348). extending from the VORTAC to 33 miles side of the 009° bearing from the Civic Issued in Kansas City, Mo., on June north, within 8 miles northeast and 5 Memorial Airport, extending from the 27, 1967. miles southwest of the 127° and 307“ radiais, extending from 3 miles north­ 5-mile radius area to 7 miles north of D a n ie l E . B a r r o w , the airport, and within 5 miles south and Acting Director, Central Region. west to 12 miles southeast of the VORTAC.” 8 miles north of the 103° bearing from Redesignate the Milwaukee, Wis. the Civic Memorial Airport, extending (Timmerman Airport), control zone as [F.R. Doc. 67-8120; Filed, July 13, 1967; from the airport to 12 miles east of the that airspace within a 5-mile radius of 8:47 a.m .] airport; and that airspace extending Timmerman Airport latitude 43° 06'40" upward from 1,200 feet above the surface N., longitude 88° 02'05" W .); within 2 [Airspace Docket No. 67-CE-44] within a 33-mile radius of Lambert-St. miles each side of the Timmerman VOR Louis Municipal Airport, within 6 miles PART 71— DESIGNATION OF FEDERAL southwest and 9 miles northeast of the 336° radial, extending from the 5-mile AIRWAYS, CONTROLLED AIRSPACE, radius zone to 7 miles northwest'of the St. Louis VORTAC 328° radial, extend­ AND REPORTING POINTS ing from the 33-mile radius area to VOR; and within 2 miles each side of the miles northwest of the VORTAC, within Timmerman VOR 214° radial, extending Alteration and Revocation of 5 miles northwest and 8 miles southeas from the 5-mile zone to 6 miles southwest Transition Area of the Maryland Heights VORTAC 243 of the VOR. This control zone is effec­ On pages 6579 and 6580 of the F ederal radial extending from the 33-mile radius tive during the specific dates and times R e g is t e r dated April 28, 1967, the Fed­ area to 19 miles southwest of J established in advance by a Notice to eral Aviation Administration published VORTAC, within an area bounded on tne a notice of proposed rule making which west and northwest by the east a Airmen. The effective date and time will would amend § 71.181 of Part 71 of the southeast boundary of V-14S. on thereafter be continuously published in Federal Aviation Regulations so as to al­ northeast by the arc of a 33-mile ra the Airman’s Information Manual. ter the transition area at St. Louis, Mo., circle centered on Lambert-St. lo [F.R. Doc. 67-0118, Filed July 13, 1967; and revoke the transition area at Rich- Municipal Airport, on the southeast uy 8 :47 a m .] woods, Mo. the northwest boundary of V-72, on

FEDERAL REGISTER, VOL. 32, NO. 135— FRIDAY, JULY 14, 1967 RULES AND REGULATIONS 10347 south by the north boundary of V-88, apolis, Minn., transition area, it will not N., longitude 92°30'20" W.) ; and within within a 40-mile radius of Scott AFB, impose any additional burden on any 2 miles each side Of the Duluth, Minn., Belleville, HI. (latitude 38°32'30" N., person. Therefore, notice and public VOR 244° radial, extending from the 5- longitude 89°51'05" W.), and within 5 procedure hereon are unnecessary. mile radius area southwest to 22 miles miles west and 8 miles east of the 009° In consideration of the foregoing, Part southwest of the VOR. bearing from Civic Memorial Airport ex­ 71 of the Federal Aviation Regulations is (2) Redesignate the Duluth, Minn., tending from the airport to 19 miles amended effective 0001 e.s.t., July 20, transition area as that airspace extend­ north of the airport, within an area 1967, as hereinafter set forth: ing upward from 700 feet above the sur­ bounded on the northwest by the arc of In §71.181 (32 F.R. 2148), the Min­ face within an 8-mile radius of Duluth a 40-mile radius circle centered on Scott neapolis, Minn., transition area is International Airport (latitude 46°50'30" APB, on the east by the west boundary amended by deleting the portion which N., longitude 92°H'25" W.) ; within 2 of V-313, on the southwest by the north­ reads: “and that airspace extending up­ miles each side of the Duluth VOR 023° east boundary of V-335; and that air­ ward from 5,000 feet MSL E of Min­ radial, extending from the 8-mile radius space extending upward from 2,500 feet neapolis bounded on the SE by V-26, area to 18 miles northeast of the VOR; mat, within an area bounded on the on the SW by V-2N, and on the N by and within 2 miles each side of the Du­ north by the arc of a 40-mile radius circle V-78.” luth ILS localizer west course, extending centered on the Scott AFB, on the north­ from the 8-mile radius area to 8 miles east by the southwest boundary of V-335, (Sec. 307(a) of the Federal Aviation Act of west of the OM; and that airspace ex­ on the east by the west boundary of 1958; 49 U.S.C. 1348) tending upward from 1,200 feet above the V-313, on the south by the north bound­ Issued in Kansas City, Mo., on June surface within a 35-mile radius of Duluth ary of V-190, on the west by the east 26,1967. International Airport; within a 34-mile boundary of V-191; and that airspace D a n ie l E . B a rro w , radius of the Duluth VOR; and within extending upward from 4,500 feet MSL Acting Director, Central Region. 8 miles northwest and 5 miles southeast of the Duluth VOR 051° radial, extend­ within an area bounded on the north by [FJR. Doc. 67-8122; Filed, July 13, 1967; the south boundary of V-88, on the 8:47 a.m .] ing from the 35-mile radius area to 41 northeast by the southwest boundary of miles northeast of the VOR; excluding V-9W, on the south by the north bound­ the portion which overlies the Hibbing, ary of V-190, on the west by a line 5 miles [Airspace Docket No. 67-CE-48] Minn., transition area. west of and parallel to the St. Louis PART 7 i— DESIGNATION OF FEDERAL [F.R. Doc. 67-8123; Filed, July 13, 1967; 8:47 a.m .] VORTAC 200° radial, òn the northwest by AIRWAYS, CONTROLLED AIRSPACE, the southeast boundary of V-72; within AND REPORTING POINTS an area bounded on the north by the [Airspace Docket No. 67-EA-54] south boundary of V-12, on the southeast Designation and Alteration of by the northwest boundary of V-14N, on Transition Area PART 73— SPECIAL USE AIRSPACE the southwest by the northeast boundary of V-175, on the northwest by a line 5 On Pages 6846 and 6847 of the F ederal Revocation of Restricted Area miles southeast of and parallel to the R e g is t e r dated May 4, 1967, the Federal Aviation Administration published a The purpose of this amendment to Jefferson City, Mo. VOR 041° radial; and Part 73 of the Federal Aviation Regula­ within an area bounded on the northeast notice of proposed rule making which would amend section 71.181 of Part 71 tions is to revoke Restricted Area/Mili- by the southwest boundary of V-52, on tary Climb Corridor R-3902, Limestone, the south by the north boundary of of the Federal Aviation Regulations so as to designate a transition area at Maine. V-4N, on the northwest by the southeast The Department of the Air Force has boundary of V-63, excluding that air­ Cloquet, Minn., and alter the transition area at Duluth, Minn. advised the Federal Aviation Adminis­ space which coincides with the Spring- tration that satisfactory radar departure field, Vandalia, and Centralia, 111., Interested persons were given 45 days procedures have been developed to re­ transition areas. to submit written comments, suggestions, place the Loring Air Force Base, Lime­ (2) Revoke the Richwoods, Mo., tran­or objections regarding the proposed stone, Maine, Restricted Area/Military sition area in its entirety. amendments. Climb Corridor. For this reason, action is IFH. Doc. 67-8121; Filed, July 13, 1967; No objections have been received and taken herein to revoke R-3902. 8:47 a.m .] the amendments as so proposed are here­ At the same time, similar action will be by adopted, subject to the following taken by the Flight Standards and Regu­ changes: [Airspace Docket No. 67-CE-86] lations Division, Civil Aviation Branch, (1) The Cloquet Municipal Airport co­ Department of Transport, Ottawa, On­ PART 71— DESIGNATION OF FEDERAL ordinates recited in the Cloquet, Minn., tario, Canada, to revoke that portion of AIRWAYS, CONTROLLED AIRSPACE, transition area designation as “latitude R-3902 that extends into Canada*. The AND REPORTING POINTS 46°42'02" N., longitude 92°30'23" W.” Canadian portion is designated as are changed to read “latitude 46°42'05" C7R22. Alteration of Transition Area N., longitude 92°30'20" W.” Since this amendment is less restric­ (2) The Duluth International Airport tive to the public, notice and public pro­ d "S16 purpose °f this amendment Part 71 of the Federal Aviation Regu] coordinates recited in the Duluth, Minn., cedure hereon are unnecessary, and the tions is to alter the Minneapolis, Min transition area redesignation as “latitude amendment may be made effective on transition area. 46°50'28" N., longitude 92°11'35" W.” less than 30 days’ notice. On July 20,1967, VOR Federal airw are changed to read “latitude 46°50'30" In consideration of the foregoing, wo. 26 will be realigned west of E N., longitude 92°11'25" W.” Part 73 of the Federal Aviation Regula­ Claire, Wis. This realigned airway se These amendments shall be effective tions is amended, effective July 15, 1967, nient wifl completely overlie the 5,0( 0001 e.s.t., September 14, 1967. as hereinafter set forth. loot MSL floor transition area east (Sec. 307(a) of the Federal Aviation Act of In § 73.39 (32 F.R. 2313) Restricted mneapolis and will provide the nec< 1958; 49 U.S.C. 1348) Area R-3902 at Limestone, Maine, is re­ voked. ry controlled airspace protection pr< Issued in Kansas City, Mo., on June f™tiv»a0ri*e(* ky the Minneapolis 5,0( 28, 1967. (Sec. 307(a) of the Federal Aviation Act of «>ot MSL floor transition area east 1958; 49 U.S.C. 1348) Minneapolis. Therefore, alteration of t D a n ie l E . B a r ro w , Issued in Washington, D.C., on Minneapolis transition area is necesss Acting Director, Central Region. July 6, 1967. to deiete this airspace from the tran (1) Designate the Cloquet, Minn., H. B. HELSTROM, required* <^es^gna^on since it is no long transition area as that airspace extend­ Acting Director, ing upward from 700 feet above the sur­ Air Traffic Service. dn??C+uthe pr°Posed alteration will i face within a 5-mile radius of CloqUet [F.R. Doc. 67-8119; FUed, July 13, 1967; the existing designated Mlnr Municipal Airport (latitude 46°42'05" 8:47 am.]

FEDERAL REGISTER, V O L 32, NO. 135— FRIDAY, JULY 14, 1967 10348 RULES AND REGULATIONS

SUBCHAPTER F— AIR TRAFFIC AND GENERAL OPERATING RULES [Reg. Docket No. 8257; Arndt. 544] 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 classification 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: ADF Standard I nstrument Approach P rocedure Bearings, headings, courses and radials are magnetic. Elevations and altitude^ 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. 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 approaches shall be made over specified routes. M inim um 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— To— Course and altitude Condition 2-engine, distance (feet) 66 knots Morç than more than or less 65 knots 65 knots

Argylelnt.. EOK RBn. Direct. 2300 T-dn__ 300-1 300-1 300-1 Galland Int. EO E RBn. Direct. 2300 C -dn... 500-1 500-1 50O-1M S-dn-13. 500-1 500-1 500-1 A -dn... NA NA NA

Procedure turn W side of crs, 306° Outbnd, 126° Inbnd, 2300' within 10 miles. Minimum altitude over facility on final approach crs., 1171'. Facility on airport; breakoff point to runway, 135°—0.7 mile. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 0 mile of EOK NDB, climb to 2300' on crs of 126“ Within 10 miles and return to EOK NDB. N ote: Use Burlington, Iowa, altimeter setting. MSA within 25 miles of facility: 270°-090°—2200'; 090“-180°—2000'; 180°-270°—1900'. City, Keokuk; State, Iowa; Airport name, Keokuk Municipal; Elev., 671'; Fac. Class., MHW; Ident., EOK; Procedure No. NDB (ADF) Runway 13, Arndt. 3; Eft.date, 5 Aug. 67; Sup. Arndt. No. ADF 1, Arndt. 2; Dated, 16 May 64

FRT V O R ______MHK NDB...... 3000 T-dn* . 300-1 300-1 300-1 Volland Int ...... MHK NDB (final) 2000 C-d$& 600-1 600-1 600-1)4 Ogden Tnt ...... MHK NDB...... 3000 C-n$

Procedure turn E side of crs, 118° Outbnd, 298° Inbnd, 3000' within 10 miles. Minimum altitude over facility on final approach crs, 2000'. Crs and distance, facility to airport, 298°—2.4 miles. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 1.5 miles after passing MHK NDB, make right turn, climbing to 3000' on 118° bearing from MHK NDB within 10 miles, make left turn and return to MHK NDB. N otes: (1) Use Salaina, Kans., altimeter setting when control zone not effective. (2) Final approach from holding pattern at MHK NDB not authorized. Procedure turn required. ' Caution: Restricted área, 1,5 miles W of airport. $Oircling and straight-in ceiling minimums are raised 200' and alternate minimums not authorized when control zone not effective. &These minimums apply at all times for those air carriers with approved weather reporting service: r ♦When IFR flight planned to S, SW, and W, make left or right turn as appropriate climbing to cross MHK NDB at or above 1400', proceed to Ogden Int prior to de­ parting on crs. MSA within 25 miles of facility: 000°-360°—2800'. City, Manhattan; State, Kans.; Airport name, Manhattan Municipal; Elev., 1056'; Fac. Class., HW (city owned); Ident., MHK; Procedure No. NDB (ADF) Runway31, Arndt. 4; Efl. date, 5 Aug. 67; Sup. Arndt. No. ADF 1, Arndt. 3; Dated, 27 Aug. 66

Presque Isle VOR...... 2800 T-dn 300-1 300-1 200-H C-dn...... 600-1 600-1 600-1)4 S-dn-1#.-...... _ 600-1 600-1 600-1 A-dn______NA NA NA

Procedure turn E side of crs, 188° Outbnd, 008° Inbnd, 2800' within 10 miles. Minimum altitude over facility on final approach crs, 1800'. Crs and distance, facility to airport, 008 —3.2 miles. I .. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 3.2 miles after passing SPR RBn, make left-clinioing turn to 2800' direct SPR RBn, hold S of SPR RBn, 008° Inbnd, 1-minute right turns. N otes: (1) Final approach from a holding pattern not authorized. Procedure turn required. (2) Use Loring altimeter setting. #Reduction not authorized. MSA within 25 miles of facility; 000°-090°—2500'; 090°-180°—3100'; 180°-270°—2700'; 270°-360°—2800'. City, Presque Isle; State, Maine; Airport name, Presque Isle Municipal; Elev., 534'; Fac. Class., MHW; Ident., SPR; Procedure No. NDB (ADF) Runway 1, Arndt-1; Efl- A8*®* 6 Aug. 67; Sup. Amdt. No. NDB (ADF) Runway 1, Orig.; Dated, 27 Apr. 67

FEDERAL REGISTER, VOL. 32, NO. 135— FRIDAY, JULY 14, 1967 RULES AND REGULATIONS 10349

ADF Standard I nstrument Approach P rocedure— Continued

Transition Ceiling and visibility minimums

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

BFF NDB...... Direct...... 6200 T-dn •______300-1 300-1 •*200-*4 C-dn— ...... 600-1 600-1 500-1*4 A-dn______800-2 800-2 800-2

Procedure turn E side of crs, 122° Outbnd, 302° Inbnd, 6200' within 10 miles. Minimum altitude over facility on final approach crs, 5100'. Crs and distance, facility to airport, 302°—2.8 miles. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 2.8 miles after passing BFF NDB, make right turn, climbing to 6200', return to BFF NDB. x . . . . N ote- Final approach from holding pattern at BFF NDB not authorized. Procedure turn required. _ ♦SW (180°-240°) and NW (275-3604) IFK departures climb on 260° heading to 6200' before departing on crs, account 6144' tower, NW and bluffs, Sw. MSA within 25 miles of facility: 000°-090°—6800'; 090°-180°—6600'; 180°-270°—6500'; 270°-360°—6300'. nit.v Scottsblufl- State. Nebr.; Airport name, Scottsbluff Municipal^Elev., 3961'; Fac. Class., MHW; Ident., BFF; Procedure No. NDB(ADF)-1, Arndt. 1; Eft. date, 5 Aug. 67; y’ ’ Sup. Arndt. No. ADF1, Orig.; Dated, 25 Apr. 64

T-dn%...... 300-1 300-1 200 -M FSD VOR— LOM ...... 3200 C-dn...... 600-1 600-1 600-1lA Bestland Int. LOM 3200 S-dn-3...... 500-1 600-1 500-1 Lennox Int—, LOM ...... Direct...... 3200 A-dn______800-2 800-2 800-2 Russell Int—. LOM...... - ...... Direct______3200

Procedure turn S side of crs, 206° Outbnd, 026° Inbnd, 3200' within 10 miles. Minimum altitude over facility on final approach crs, 2900'. Crs and distance, facility to airport, 026°—6.8 miles. . . . , . ..., , „ „ . _ „„„. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 5.8 miles after passing LOM, climb to 2700' on 026° bearing from LOM within 10 miles. . I f o r southeastbound^afrcraft ^when weather is below 2100-2, flight below 3900' beyond 5 miles E and SE of airport is prohibited between R 095° and R 135° of the FSD VOR. Restriction due to 3444' tower, 10 miles SE of airport. MSA within 25 miles of facility: 000°-090°—4500'; 090°-180°—4500'; 180°-270°—3100'; 270°-360°—4100'. City, Sioux Falls; State, S. Dak.; Airport name, Joe Foss Field; Elev., 1428'; Fac. Class., LOM; Ident., FS; Procedure No. NDB (ADF) Runway 3, Arndt. 12; Efl. date, 5 Aug. 67; Sup. Arndt. No. NDB (ADF) Runway 3, Arndt. 11; Dated, 28 Jan. 67

LOM (final)...... -...... Direct______1600 T-dn______300-1 300-1 200-K C -d n ...... 500-1 500-1 600-1& S -dn-lR ...... 400-1 400-1 400-1 A-dn______800-2 800-2 800-2

Radar available. Procedure turn W side of crs, 186° Outbnd, 006° Inbnd, 1600' within 10 miles. Procedure turn must be authorized by ATC. Minimum altitude over facility on final approach crs, 1600'. Crs and distance, facility to airport, 006°—4.6 miles. . . If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 4.6 miles after passing DI LOM, proceed direct to Poolesville RBn, hold N, 006° bearing, 186° Inbnd, 2800', 1-minute right turns. MSA within 25 miles of facility: 000°-090°—2100'; 090 -180°—1700'; 180°-270°—2400'; 270°-360°—2500'. City, Washington; State, D.C.; Airport name, Dulles International; Elev., 313'; Fac. Class., LOM; Ident., DI; Procedure No. NDR (ADF) Runway 1 , Arndt. 5; Eff. date, 5 Aug. 67; Sup. Arndt. No. ADF 1, Arndt. 4; Dated, 23 July 66 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 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 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 Minimum 2-engine, From— To— Course and altitude Condition distance (feet) 65 knots More than more than or less 65 knots 65 knots

Paradise Int. 5000 T-dn* 400-1 400-1 400-1 C-dn* 1000-3 1000-3 1000-3 A-dn** 1000-3 1000-3 1000-3

Procedure turn not authorized. Straight-in from Paradise Int only. Mmimum altitude over facility on final approach crs, 3671'. ' f acuity on airport. Tnt «»ntaet not established Upon descent toauthorized landing m inimums or if landing not accomplished over M U E V O R , climb on M UE, R 234°to cross Jacksons N

FEDERAL REGISTER, VOL. 32, NO. 135— FRIDAY, JULY 14, 1967 10350 RULES AND REGULATIONS

VOR Standard I nstrument Approach P rocedure— Continued

Transition Ceiling and visibility minimum«

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

UPP V O R ...... — Jacksons Int ...... 174®—18 miles via 6000 400-1 400-1 400-1 MUE, 243® lead C-dn*_____ 600-2 600-2 600-2 in radial. 8-dn-4 400-1 400-1 400-1 Mynah In t...;______Jacksons Int______4000 800-2 800-2 4000 800-2

Procedure turn N side of era, 234* Outbnd, 054® Inbnd, 4000' within 10 miles of Jacksons Int. Minimum altitude over facility on final approach ers, Jacksons Int, 4000'; Puako Int, 4000'; MUE VOR, 3071'. Facility on airport, breakoff point to runway, 041°—0.7 mile. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished over MUE VOR, climb on MUE, R 056® to cross TTPP R 097® at 6000'. Over UPP, R 097® turn left and intercept UPP, R 082® and proceed to UPP VOR; hold NW on R 338® at 6000' or as assigned by ATC. ’ N otes: (1) Reductions not authorized (minimums). (2) Procedure not wholly within controlled airspace. C aution: (1) ‘ Rapidly rising terrain N of airport. Circling to N not authorized. (2) Approach not authorized unless current Kam nela altimeter setting available. ••Alternate minimums authorized only for air carriers with approved weather reporting service. $600-2 for circling departures. Northeastbound departures: Climb on R 056® to cross UPP, R 097® at 6000' (requires 270'/miles climb). Southwestbound departures- Climb on R 234° to cross Jacksons Int at 4000'. MSA within 25 miles of facility: 000®-090®—11,000'; 090*-180®—15,800'; 180®-270®—11,000'; 270°-360®—7500'. City, Kamuela; State, Hawaii; Airport name, Kamuela; Elev., 2671'; Fac. Class., H-BVOR; Ident., MUE; Procedure No. VOR Runway 4, Arndt. 1: Eft. date 5 Aue 67- Sup. Arndt. No. VOR 1, Orig.; Dated, 31 Dec. 66

Int Little Rock, R 131° and PBF, R 360° PBF VORTAC (final) R 360°. Direct_____ 1200 T-dn...... 300-1 300-1 200-H PBF VORTAC, R 276° clockwise. Via 12-mile 1700 C-dn...... 500-1 500-1 500-1)3 DM E Arc. S-dn-17*______500-1 500-1 500-1 PBF VORTAC, R 060°, counterclockwise.— R 360°...... Via 12-mile 1700 A-dn______800-2 800-2 800-2 DME Arc. DME minimums: 12-mile DME Fix, R 360°.______.... PBF VORTAC (final) D irect...___ 1200 C-dn.. ______400-1 500-1 I 500-1)3 S-dn-17*______400-1 400-1 400-1

Procedure turn W side of ers, 360° Outbnd, 180° Inbnd, 1500' within 10 miles. Minimum altitude over facility on final approach ers, 1200'; over 3-mile DME Fix, R 180°—705'. Crs and distance, facility to airport, 180°—3.9 miles. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 3.9 miles after passing the PBF VORTAC, make immediate right turn, climb to 2000' on PBF, R 208° within 20 miles. •Ji-mile visibility authorized with operative REIL, except for 4-engine turbojets. MS A within 25 miles of facility: 000 -270°—1700'; 270°-360°—3300'. City, Pine Bluff; State, Ark.; Airport name, Grider Field; Elev., 205'; Fac. Class., L-BVORTAC; Ident., PBF; Procedure No. VOR Runway 17, Arndt. 9; Efl. date, 5 Aug. 67; Sup. Arndt; No. VOR Runway 17, Arndt. 8; Dated, 8 July 67

Pawling VO RTAC...... 3000 T-dn 500-1 500-1 C-dn...... 1000-1)3 1000-2 S-dn-1...... 900-1)3 900-1)3 A-dn______NA NA

Radar available. . Procedure turn not authorized. Descend to 3000' in Kingston VOR holding pattern, 1-minute right turns, 010® Inbnd. Minimum altitude over facility on final approach crs, 3000'; over School Int, 1500'. Crs and distance, facility to airport, 010®—18.8 miles; School Int to airport, 010®—5 miles. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 18.8 miles after passing Kingston VO R or 5 miles after passing School Int, make left-climbing turn, proceed direct to Kingston VOR climbing to 3000', hold S, 1-minute right turns, 010® Inbnd. N ote: Use Poughkeepsie altimeter setting. MSA within 25 miles of facility: 000°-090°—3400'; 090®-180®—2600'; 180"-270®—2800'; 270®-360®—4200'. City, Red Hook; State, N.Y.; Airport name, Skypark; Elev., 320'; Fac. Class., L-BVOR; Ident., IGN; Procedure No. VOR Runway 1, Arndt. Orig.; Eft. date, 5 Aug. 67

R 358®, BFF VOR clockwise______Ronfi®, BFF VOR______6100 T-dn* 300-1 300-1 ••200-X Arc. C-dn______500-1 500-1 500-1)3 R 147®, B FF VOR counterclockwise______R 066®, BFF VOR...... Via 7-mile DME 6100 S-dn-23@ 500-1 500-1 500-1 Arc. A-dn______800-2 800-2 800-2 7-mile DME Fix, R 066®, BFF VOR...... BFF VOR (final)...... Direct______5400 Minimums with DME: S-dn-23@_____ 400-1 400-1 400-1

Procedure turn N side of ere, 066® Outbnd, 246® Inbnd, 5600' within 10 miles. Minimum altitude over facility on final approach era, 5400'; over 3-mile DME’Fix, 4461'. Crs and distance, facility to airport, 246®—4.8 miles. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 4.8 miles after passing BFF VOR, make right turn, climbing to 5600', return to BFF VOR. •SW (180®-240°) and NW (275®-360°) IFR departures climb on 260' heading to 5200' before departing on era account 5144' tower, NW and bluffs, SW; ••300-1 required Runway 23. @Reduction not authorized for nonstandard REIL. MSA within 25 miles of facility: O00°-480°—6800'; 180®-270®—6100'; 270®-360®—6300'. City, Scottsbluff; State, Nebr.; Airport name, Scottsbluflt Municipal; Elev., 3961'; Fac. Class., H-BVORTAC; Ident., BFF; Procedure No. VOR Runway 23, Arndt. 3; Efl. date, 5 Aug. 67; Sup. Arndt. No. VOR 1, Arndt. 2; Dated, 21 Sept. 63

FEDERAL REGISTER, VOL. 32, NO. 135— FRIDAY, JULY 14, 1967 RULES AND REGULATIONS 10351

VOR Standard instrum ent Approach P rocedure— Continued

Transition Ceiling and visibility m inimums

2-engine or less Minimum More than From— To— Course and altitude Condition 2-engine, distance (feet) 65 knots More than more than or less 65 knots 66 knots

FSD VOR______Direct. .. _ . 2700 T-dn% . 300-1 300-1 200-J4 R 327°, FSD VOR...... -...... 2700 600-1 600-1 600-1)4 miles DME Arc. S-dn-150______600-1 600-1 600-1 R 061°, FSD VOR counterclockwise------R 327°, FSD VOR...... - Via 7-nautical 2700 A-dn______800-2 800-2 800-2 miles DME Arc. -mile DME Fix, R 327°...... FSD VORTAC (final)...... Direct______2600

Procedure turn W side of crs, 327° Outbnd, 147° Inbnd, 2700' -within 10 miles. . Minimum altitude over facility on final approach crs, 2600'. . . Crs and distance, facility to airport, 147°—4.1 miles. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 4.1 miles, after passing FSD VOR, climb to 3000'on FSD VOR, R 202° within 20 miles. %300-l required for takeoff on Runway 16. %For southeastbound aircraft when weather is below 2100-2, flight below 3900' beyond 5 miles E and southeast of airport is prohibited between R 096° and R 135° of the FSD VOR. Restriction due to 3444' tower, 10 miles SE of airport. ¿Reduction not authorized for nonstandard REIL. MSA within 26 miles of facility: 000°-090°—3800'; 090o-180°—4500'; 180o-270o—4100'; 270°-360°—3100'. City, Sioux Falls; State, S. Dak.; Airport name, Joe Foss Field; Elev., 1428'; Fac. Class., H-BVORTAC; Ident., FSD; Procedure No. VOR Runway 15, Arndt. 6; Eff. date. 5 Aug. 67; Sup. Arndt. No. VOR 1, Arndt. 5; Dated, 20 Aug. 66 3. By amending the following very high frequency omnirange—distance measuring equipment (VOR/DME) procedures prescribed in § 97.15 to read: VOR/DME 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 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 Minimum More than From— T o ^ Course and altitude Condition 2-engine, distance (feet) 66 knots More than more than or less 66 knots 66 knots

PROCEDURE CANCELED, EFFECTIVE 6 AUQ. 1967. City, Scottsbluff; State, Nebr.; Airport name, Scottsbluff Municipal; Elev., 3961'; Fac. Class., BVORTAC; Ident., BFF; Procedure No. VOR/DME No. 1, Arndt. 1; Eff. date, 13 June 64; Sup. Arndt. No. Orig.; Dated, 29 Feb. 64 4. By amending the following instrument landing system procedures prescribed in § 97.17 to read: ILS Standard I nstrument Approach P rocedure Bearings, headings, courses and radiate 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 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 Minimum More than From— Course and 2-engine, T o - distance altitude Condition (feet) 66 knots More than more than or less 65 knots 66 knots

W-müe DME Fix, FWA VOR, R 134° LOM (final)____ Via localizer crs. 2100 T-dn@______300-1 300-1 200-JS Whitely Int...... 1...... LOM...... New Haven Int Direct______2200 C-dn...... 400-1 600-1 600-1)4 LOM...... Direct...... 2200 S-dn-31*#__ 300-14 300-Ji 300-J4 Rock Creek Int ...... LOM...... Direct...... 2200 600-2 600-2 600-2 Fort Wayne VOR ...... I LOM._____ .... Direct...... 2100 R 068°, FWA VOR~clockwise FWA SE ILS crs Via 10-miles 2600 DME Arc. R 233°, FWA VOR counterclockwise. FWA SE ILS crs Via 10-miles 2600 DME Arc.

Radar available. 5 s*de of SE crs, 135° Outbnd, 315° Inbnd, 2100' within 10 miles. Mmunum altitude at glide slope interception Inbnd, 2100'. If vSmi of gild® sl°Pe and distance to approach end of runway at OM, 2045'—3.8 miles; at MM, 1075'—0.7 mile. westhoiiriHai,^0St^ion^ 4 fl;ai>T1i?5i.ed upon descent to authorized landing minimums or if landing not accomplished, climb to 2600' on NW crs, ILS and proceed to Whitely Int ™ ? > FWA V°R . °r as directed by ATC, climb on NW crs, ILS to 2600' and proceed direct to Wolflake VOR. uQRdg slope unusable below 1001'. @RVR 4000/ authorized Runway 31. i:My required when glide slope not utilized, reduction below % mile not authorized, fwuo- ceiling required, RVR as sole operating minimums not authorized. ity, Fort Wayne; State, Ind.; Airport name, Bair Field; Elev., 801'; Fac. Class., ELS: Ident., I-FWA; Procedure No. ILS Runway 31, Arndt. 14; Eff. date, 5 Aug. 67; Sun. Arndt. No. ILS-31, Arndt. 13; Dated, 17 Dec. 66

FEDERAL REGISTER, VOL. 32, NO. 135— FRIDAY, JULY 14, 1967 10352 RULES AND REGULATIONS

ILS Standard I nstrument Approach P rocedcrb—Continued

Transition Ceiling and visibility minimum»

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

R 145°, FSD VOR clockwise______R 160«, FSD VOR______Via 17-mile 3400 T-dn$%—...... 300-1 300-1 200-54 DM E Arc. C-dn—_...... 500-1 500-1 500-154 R 160°, FSD VOR clockwise______R 194°, FSD VOR...... Via 17-mile 3200 S-dn-3*#...... 200-54 200-54 200-54 DM E Arc. A-dn...... 600-2 600-2 600-2 R 297°, FSD VOR counterclockwise____ R 194°, FSD VOR...... Via 17-mile 3200 DM E Arc. 17-mile DM E Fix, R 194°, FSD VOR...... OM (final)...... Via FSD LOC.__ 3200 LOM 3200 Bestland Int _ _. _ _ _ _ ...... LOM 3200 LOM 3200 LOM 3200

Procedure turn S side of crs, 206° Outbnd, 026° Inbnd, 3200' within 10 miles. Minimum altitude at glide slope interception, Inbnd, 3200'. Altitude of glide slope and distance to approach end of runway at OM, 3118'—5.8 miles; at MM, 1623'—0.5 miles. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 5.8 miles after passing LOM, climb to 2700' on NE crs of ILS within 10 miles. %For southeastbound aircraft when weather is below 2100-2, flight below 3900' beyond 5 miles E and SE of airport is prohibited between R 095° and R 135° of the FSD VOR. Restriction due to 3444' tower, 10 miles SE of airport. %300-1 required for takeoff Runway 15. $RVR 2400' authorized runway 3. •RVR 2400'. Descent below 1628' not authorized unless approach lights are visible. #500-34 required when glide slope not utilized. 500-34 authorized with operative ALS except for 4-engine turbojets. 400' m inimums authorized after passing the Marie Int. MSA within 25 miles of LOM: 000°-090°—4500'; 090°-180°—4500'; 180°-270°—3100'; 270°-360°—4100'. City, Sioux Falls; State, S. Dak.; Airport name, Joe Foss Field; Elev., 1428'; Fac. Class., ILS; Ident., I-FSD; Procedure No. ILS Runway 3, Arndt. 14; Eft. date, 5 Aug. 67; Sup. Arndt. No. ILS Runway 3, Arndt. 13; Dated, 28 Jan. 67

Stonewall Int. LOM (final) 1600 T-dn*...... 300-1 300-1 200-34 Direct______1606 C-dn...... 500-1 500-1 500-134 S-dn-lR*...... 200-54 200-54 200-34 A -d n .i______600-2 600-2 600-2 Category II special authorization required: TDZ ele­ vation 313. Decision heights: S-dn-lR, DH 150, RVR-1600, 463 MSL RA, 149'; S-n-lR, DH 1Ó0, RVR-1200, 413 MSL RA, 95'.

Radar available. Procedure turn W side of crs, 186* Outbnd, 006° Inbnd, 1600' within 10 miles. Procedure turn must be authorized by ATC. Minimum altitude at glide slope interception, Inbnd, 1600'. Altitude of glide slope and distance to approach end of Runway at OM, 1597'—4.6 miles; at MM, 515'—0.6 mile; at IM, 413'—0.2 mll,e. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 4.6 miles after passing LOM, proceed direct to Pooles- ville RBn. Hold N, 186° bearing, Inbnd, 2800', 1-minute right turns. •RVR 2000'4-engine turbojet; RVR 1800'other aircraft. Descent below 513'not authorized unless ALS visible. ¿Category II missed approach: Proceed direct to Poolesville RBn. Hold N, 186° bearing, Inbnd, 2800', 1-minute right turns, if contact with visual guidance systemnotes- tablished at DH. MSA within 25 miles of LOM: 000°-090*—2100'; 090M80*—1700'; 180°-270*—2400'; 270°-360°—2500'. City, Washington; State, D.C.; Airport name, Dulles International; Elev., 313'; Fac. Class., ILS; Ident., I-DIA; Procedure No. ILS Runway 1R, Arndt. 5; Eff. date, 5 Aug. 67; r Sup. Arndt. No. ILS-1R, Arndt. 4; Dated, 2 July 66 These procedures shall become effective on the dates specified therein. (Secs. 307(c), 313(a), and 601 of the Federal Aviation Act of 1958 (49 Ü.S.G. 1348(c), 1354(a), 1421; 72 Stat. 749, 752, 775) ) Issued in Washington, D.C., on June 29, 1967. R. S. Sliff, Acting Director, Flight Standards Service. [F.R. Doc. 67-7809; Filed, July 13,1967; 8:45 a n .]

Au thority : The provisions of this Part 8, 1966, and Executive Order 11311 of Title 22— FOREIGN RELATIONS 502 are issued under R.S. 161, 5 U.S.C. 301; October 14, 1966, and it is further im­ 22 U.S.C. 1431 et seq.; Pub. Law 89-634 of plemented by these regulations. The U.S. Chapter V — United States Information Oct. 8, 1966; E.O. 11311 of Oct. 14, 1966. Information Agency has been designated Agency § 502.1 Summary; general. by the President to carry out the Agree­ PART 502— WORLD-WIDE FREE FLOW (a) The “Audio-Visual Agreement”ment for the United States. E xport (short title) , also known as the “Beirut certification, import certificate authen­ (EXPORT-IMPORT) OF AUDIO­ tication, rulings, and information, re­ VISUAL MATERIALS Agreement of 1948”, is a multi-nation treaty with the formal title, “Agreement specting the Agreement may be obtained for Facilitating the International Circu­ from the International Communications The following m ateria 1—replaces Media Staff (IMV/C), U.S. Information §§ 502.1-502.14 of Title 22 of the Code of lation of Visual and Auditory Materials of an Educational, Scientific, and Cul­ Agency, Washington, D.C. 20547. Federal Regulations and will constitute (b) This treaty facilitates the free flow Part 502 thereof. tural Character”.1 United States accept­ ance of this treaty was proclaimed by of educational audio-visual materials be­ Sec. President Johnson and deposited with tween nations, by eliminating import 502.1 Summary; general. duties, import licenses, special taxes, 502.2 Implementing statute and Executive the United Nations on October 14, 1966, and formal operations by the United quantitative restrictions and--other re­ O rder. straints and costs, by shipment under 502.3 Procedures. States under the Agreement commenced an international certificate. Each gov­ 502.4 Consultation of experts. January 12,1967. Initial implementation 502.5 Review and appeal. ernment may issue such certificates as to 502.6 Substantive criteria. of the treaty by the United States was materials for which basic ownership is in 502.7 History and background. effected by Public Law 89-634 of October said country. The material must be pri­ 502.8 Miscellaneous; coordination with U.S. marily educational as to its nature and Customs Bureau. 117 U.S.T. 1578 (T.I.A.S. 6116). usefulness (see § 502.6(a) (3)). The term

FEDERAL REGISTER, VOL. 32, NO. 135— FRIDAY, JULY 14, 1967 RULES AND REGULATIONS 1035a

“audio-visual” is defined as embracing § 502.3 Procedures. International Communications Media Staff the categories exemplified by film prints, (IMV/C), U.S. Information Agency, Wash­ (a) Applicant: An “Applicant” is (1) ington, D.C. 20547. motion picture film, filmstrips, videotape, the U.S. holder of “basic rights” in mate­ sound recordings, sound/picture record­ rials he submits for export certification, Applicants seeking certification of mate­ ings, models, charts, posters, maps, (2) the holder of a foreign certificate or rials, should send to the same office, the globes, slides, and the like. his exporter or U.S. importer or the following: § 502.2 Implementing statute and Exec­ agent of any of them as to materials pro­ (1) A completed Application for each utive Order. , posed for import to the United States, or subject or series to be certified. (a) Public Law 89-634 (10/8/66) (3) the U.S. consignee of materials pro­ (2) A notarized document evidencing amends Schedule 8 of the Tariff Sched­ posed for U.S. import under a foreign Applicant’s basic ownership or right in ules of the United States, as follows: certificate. Any “Applicant” may request the materials. USIA to certify materials for export or (1) After th e h ead in g to P a rt 6, in s e r t: (3) A description of the content of the to authenticate a foreign certificate for material (where appropriate and feasible “Part 6 H eadnote: import of materials. “1. No article shall be exempted from duty attachments should be included, such as under item 870.30 unless a Federal agency or (b) Imports: Educational / informa­ narrations, captions, advertising leaflets, agencies designated by th e P re sid en t d e te r­ tional audio-visual materials, as identi­ catalogs, etc.; indicate clearly if these mines that such article is visual or auditory fied in the Substantive Criteria of the attachments are to be returned to the material of an educational, scientific, or cul­ regulations in this part, are permitted Applicant). tural character within the meaning of the duty-free entry into the United States (4) Copies or examples of the mate­ Agreement for Facilitating'the International upon authentication by the United States Circulation of Visual and Auditory Materials rials, if feasible; same to be transmitted of an Educational, Scientific, and Cultural Information Agency of the Certificate of prepaid, and will be returned promptly Character. Whenever the President deter­ the Government of the country wherein (the question can be discussed with the mines that there is or may be profit-making basic ownership is held, or of the certifi­ Agency preliminarily if transmittal exhibition or use of articles described in item cate of the United Nations Educational, seems infeasible due to bulk, fragility or 870.30 which interferes significantly (or Scientific and Cultural Organization large quantities, or because excessive cost threatens to interfere significantly) with do­ (UNESCO), attesting the educational/ would be involved; one item may serve mestic production of similar articles, he may informational character of such mate­ as an example of a series, or the Agency prescribe regulations imposing restrictions rials within the meaning of the “Agree­ on the entry of such foreign articles to in­ may have reviewed the material previ­ sure that they will be exhibited or used only ment”, and compliance with applicable ously in another context). for nonprofitm aking purposes.” Customs entry procedures (see 19 CFR (h) It is anticipated that action of the (2) At the end of Part 6, add this new 10.121). Agency on a certification request will item: (c) In order to establish qualification usually take about 2 weeks. If a longer “870.30 Developed photographic film, in­ for entry into the United States under interval is expected, the Agency will send cluding motion-picture film on which pic­ the provisions of Tariff Item 870.30, the the Applicant an interim acknowledg­ tures or sound and pictures have been re­ Applicant shall forward the foreign cer­ ment indicating the action time esti­ corded; photographic slides; tran sp aren cies; tificate directly to : mated. sound recordings; recorded videotape; mod­ (i) Upon certification, the Applicant els; charts; maps; globes; and posters; all of International Communications Media Staff will receive the original Certificate and the foregoing which are determined to be (IMV/C), U.S. Information Agency, Wash­ visual or auditory materials in accordance ington, D.C. 20547. four signed copies. The Applicant should with headnote 1 of this p a rt ______R a te s of retain the original, so that he may re­ (d) Upon affirmative determination produce it by photocopying, to service Duty (1). Free; Rates of Duty (2) , Free.” by the U.S. Information Agency as to the (b) Executive Order 11311, “Carrying his future needs in connection with sub­ qualification of the certified articles for sequent shipments of identical copies of out Provisions of the Beirut Agreement such entry, the Applicant will be advised of 1948 Relating to Audio-visual Mate­ the same material. A copy of the Certifi­ rials” provides: of the determination, and be provided cate should accompany each shipment with an authenticating document for abroad, but further instructions may be “By virtue of the authority vested in me presentation with the related Customs available from the foreign importer. as President of the United States, including documentation at the Port of Entry, for (j ) If for any reason the Agency is un­ the provisions of the Joint Resolution of duty-free clearance under Item 870.30. October 8, .1966, Public Law 89-634, and sec­ able to certify the materials, the Appli­ tion 301 of Title 3 of the United States Code, (e) If for any reason the U.S. In­ cant will be promptly so notified, to­ I hereby order and proclaim that— formation Agency is unable to accept and gether with either (1) a request for “Pursuant to the ‘Agreement for Facili­ authenticate a foreign certificate, the additional information or (2) the rea­ tating the International Circulation of Vis- Applicant will be promptly so notified, sons why the certificate cannot be issued. ual and Auditory Materials of an Education- together with either (1). rçquest for Qualification or non-qualification of ma­ .* Scientific and Cultural Character’, made additional information or (2) the reasons terial under the Beirut Agreement does Beirut in 1948, the Joint Resolution, and why the certificate cannot be accepted. neadnote 1 to schedule 8, part 6 of the Tariff not affect the right of export, nor the Qualification or non-qualification of right of foreign import under other laws. Schedules of the United States, the United material for entry under Tariff Item i,r!f,lnfomiation Agency is hereby des- gnated as the agency to carry out the pro- 870.30 does not affect its eligibility for § 502.4 Consultation of experts. isions of the Agreement and related proto- entry under other laws of the United (a) The Chief Attestation Officer of . t0 niake any determinations and to States. the United States (International Com­ note i1”6 any regulati°ns required by head- (f) Exports: U.S. educational/infor­ munications Media Staff, U.S.I.A.— mational audio-visual materials, as IMV/C) and the Attestation Officers vjc) Public Law 89-634 further ] identified in the Substantive Criteria of under his supervision will routinely and these Regulations, may, if eligible as continuously receive Agency policy and provided herein, be certified by the U.S. J * * ? be th e d u ty of th e F ederal agi legal guidance, and protests of Appli­ at* ies 80 desig n ated to ta k e apprc Information Agency as being “of inter­ cants will be reviewed by the Review easures for the carrying out of national educational character,” and Board and by the Agency’s Director as provisions of the Agreement including thus entitled to special import privileges provided below. The Chief Attestation issuance of regulations. such as duty-free entry abroad in “Beirut Officer and his staff will regularly consult “Sec. 2. Agencies of the Federal Gov countries” (see § 502.7 on history and experts throughout the Agency and Der«, are authorized to furnish faculties background, for a list of the countries throughout the Government whenever where there is formal and informal par­ the examination of materials (for certifi­ ace«*0061 ^ th ® Pu rP °se of assistin g ticipation under the Beirut Agreement). cation or authentication) indicates the c S L " agencies designated by the P (g) For general information and ap­ desirability of substantive expertise in Agreement^ 6 °Ut * * prOTlslons of plication forms, Applicants should write making a fair evaluation. Whenever ap­ to: propriate, and whenever requested by an

No. 135—p t. I___ 3 FEDERAL REGISTER, VOL. 32, NO. 135— FRIDAY, JULY 14, 1967 10354 RULES AND REGULATIONS

Applicant, experts who have been con­ filmstrips and microfilm; sound record­ sense; the degree and purpose of adver­ sulted will be available for discussions ings; slides, models, charts, maps, and tising may be considered in this connec­ with the Applicant. posters. They include but are not limited tion. In no event, however, will materials (b) In addition to such ad hoc con­to: Motion pictures, videotapes, trans­ be considered eligible which make cate­ sultation of experts, a regular group of parencies, and combinations of sound/ gorical claims of exclusivity. advisors exists as a standing committee picture and sound/printing. (5) The Agency does not regard as to advise this program, both as to broad (2) The country wherein the material augmenting international understanding policy and to evaluate specific materials; originated shall be taken to mean, or or good will and cannot certify or au­ this is the Interdepartmental Committee shall include, the country of “basic own­ thenticate any material which may lend on Visual and Auditory Materials for ership” of the material. The country of itself to misinterpretation, or misrepre­ Distribution Abroad, and its Attestation basic ownership is not necessarily the sentation of the United States or other Subcommittee. The Committee is com­ country of photography or the country countries, their peoples or institutions, posed of members representing the De­ of production, ndr does it necessarily or which appear to have as their pur­ partment of State, U.S. Information mean the country where irrevocable re­ pose or effect to attack or discredit eco­ Agency, Agriculture Department, Atomic production and distribution rights are nomic, religious, or political views or Energy Commission, Commerce Depart­ held; these factors are considered in de­ practices. ment, Defense Department, Department termining the country of basic owner­ (6) The Agency does not certify or au­ of the Army, Department of the Navy, ship. thenticate any materials which have not Department of the Air Force, the Marine. (3) Audio-visual materials shall be in fact already been produced at the time Corps, Federal Aviation Agency, General deemed to be of international educa­ of application. Services Administration, Health, Educa­ tional character: (c) Classes of material: tion and Welfare Department, Educa- When their primary purpose or effect is to (1) Motion picture films, filmstrips Department, Library of Congress, Na­ instruct or inform through the development and microfilm in exposed and de­ tional Aeronautics and Space Adminis­ of a subject or aspect of a subject, or when veloped negative form, or in positive tration, National Gallery of Art, National their content is such as to maintain, increase form, viz., masters or prints; teletrans­ Science Foundation, Treasury Depart­ or diffuse knowledge and augment interna­ ment, and the Veterans Administration. tional understanding and good will; criptions; kinescopes; videotape, and When the materials are representative, au­ prints therefrom. § 502.5 Review and appeal. thentic, and accurate; and (2) Electronic sound recordings and (a) A Review Board for import and ex­ When the technical quality is such that sound/picture recordings of all types and port rulings under this Program consists it does not interfere with the use made of forms; pressings and transfers of same. (within USIA) of three members, ap­ the material. (3) Photographs, transparencies and pointed by the Director, USIA. (b) Interpretation of criteria:slides; models, static and moving; charts, (b) Any Applicant may ask for formal (Though neither purposely selective on globes, maps and posters. review of any ruling of a USIA Attesta­ the one hand nor comprehensive on the (4) Recorded music may be consid­ tion Officer. The request for review must other, the following relate to some of the ered, the Agency recognizing that certain be made in writing and addressed to problem areas most frequently en­ music recordings have as their primary the— countered.) purpose or effect “to instruct or inform” Review Board for the International Audio- (1) The Agency does not certify or and do otherwise conform to the above Visual Program (IMV/C), U.S. Informa­ authenticate materials the primary pur­ requirements. In considering recorded tion Agency, W ashington, D.C. 20547. pose or effect of which is to amuse or music for which certification or authen­ supported by such data and arguments entertain. tication is requested, the Agency may be as he wishes to be considered. If the Ap­ (2) The Agency does not certify or guided by evidence in the recordings or plicant wishes the Review Board to authenticate materials the primary pur­ in collateral submitted material, such screen or examine the materials in ques­ pose of which is to inform concerning as teaching guides, etc., which support tion, he should so state and, as to ex­ timely current events (newsreels, news­ the educational or informational purpose ports, arrange to furnish such materials casts, other forms of “spot news”) . or effect of the recordings. to the Review Board. The Review Board (3) The Agency does not certify or (d) Application of criteria: will render the Applicant a written deci­ authenticate materials which by special (1) The Agency has, as its general ap­ sion, reversing, modifying or affirming pleading attempt to influence opinion, proach to certification and authentica­ the ruling of the Attestation Officer. conviction or policy (religious, economic, tion, the desire to facilitate, in so far as (c) The Applicant may make written or political propaganda), to espouse a appropriate, the international circulation appeal to the Director, USIA, from any cause, to inculcate any dogma, to con­ of visual and auditory materials. How­ decision furnished him by the Review stitute a ritual or denominational service, ever, the Agency in appraising materials Board, provided his Appeal is received or conversely, when they seem to attack submitted will consider their purpose or by the Agency within 30 days after his a particular persuasion. Visual and audi­ effect in relation to their intended educa­ receipt of the Review Board decision. tory materials intended for use only in tional level, and will exercise its judg­ The Director will personally review the denominational programs of moral and ment in determining whether the content Agency record of the case, or will advise religious education and which otherwise of the material is of sufficient substance the Applicant that he is appointing a meet the criteria set forth under para­ to maintain, increase or diffuse knowl­ Designee to do so. In either event, the graph (a) of this section, may be deter­ edge of the subject it covers, at the in­ Director will furnish the Applicant his mined eligible for certification in the tended educational level. written decision on the appeal, which judgment of the Agency. (2) The Agency will avoid the certifi­ (4) The Agency does not certify or cation or authentication of classes of ma­ shall constitute final administrative ac­ terials which it believes participating tion on the case. authenticate materials the purpose or ef­ fect of which is to stimulate the use of countries would be unwilling to admit § 502.6 Substantive criteria. a special.process or products to advertise free of duty under the terms of the (a) For both exports and imports, thea particular organization or individual, Agreement.- Agency applies the criteria set forth in or to raise funds. The Agency considers (e) Assistance without certification. the “Agreement for Facilitating the In­ that an incidental appeal of this sort The Agency may, in its discretion, issue ternational Circulation of Visual and does not invalidate the educational char­ a letter or other document to facilita t Auditory Materials of an Educational, acter of material, such as when the the shipment to a specific c o u n try (or Scientific and Cultural Character” appeal is for service or help in non-com­ countries) of materials intended fo r spe­ (adopted at the Third Session, General petitive, voluntary cooperative participa­ cialized or limited use in an educations, Conference of UNESCO, Beirut, 1948), tion in public services and does not in­ scientific or cultural context, if for any viz: volve contributions of money or market­ technical reason the material may no (1) Audio-visual materials are thoseable commodities. Normal credits or be eligible for general certification, ine exemplified by the following types and mention of a sponsor or product are users and nature of the intended us forms: developed and/or printed films, usually deemed “incidental” in this abroad of such material must be cieariy

FEDERAL REGISTER, VOL. 32, NO. 135^FRIDAY, JULY 14, 1967 RULES AND REGULATIONS 10355

established by the Applicant if this as­ (e) Beirut program countries are as ruling by the District Director of Customs sistance “outside the treaty” is to be follows: as to the dutiability of the articles. For considered; of course, facilitation of en­ (1) Formally participating. customs regulations relating to entry of try comparable to the Beirut standards U.S.A. Iraq. articles conditionally free under item is not obligatory on the importing nation Brazil. Malagasy Republic. 870.30 see 19 CFR 10.121. U.S. importers under this extraordinary procedure. Cambodia. Norway. and consignees who, due either to inad­ Canada. Pakistan. § 502.7 History and background. vertence or lack of knowledge as to these Denmark. The Philippines. procedures, believe that a recent import (a) Educators and producers/distrib- Ghana. El Salvador. shipment of audio-visual materials is utors of educational/informational ma­ Greece. Syria. eligible for duty-free treatment under terials—particularly those items coming Haiti. Yugoslavia. Iran. Trinidad and Tobago. the regulations in this part (regardless to be known as “audio-visual”—noticed of whether the U.S. Customs entry of with respect to international commerce (2) Informally participating. (USIAduty has already been liquidated by pay­ in such materials that the tariff and has reason to believe—judging from ment and delivery effected) may con­ customs laws extant in several countries actual practice reported—that USIA cer­ tact the USIA office identified in the reg­ provided for duty-free, accelerated entry tificates have a significantly salutary ef­ ulations in this part to obtain advice and of same if the nature of the materials was fect upon the waiver of duties and ex­ information respecting steps necessary satisfactorily established. In order to pediting of imports into these countries.) to effect a Customs adjustment for duty­ take advantage of that existing situation, Ceylon. New Zealand. free entry. the Geneva Convention of 1933 and the Costa Rica. Nicaragua. (d) Although U.S. law and the treaty Buenos Aires Convention of 1936 were Dominican Republic. Nigeria. permit the restriction of use of these drafted to provide for a technique of Surinam. Panama. materials to “nonprofitmaking pur­ certified shipments as to this interna­ Ecuador. Rhodesia. tional commerce. However, the United Guatemala. Spain.1 poses”, this Government has not im­ States did not join either convention: India. Sweden. posed such a restriction, so that regular Geneva, because the procedure was Ireland. Taiwan. commercial uses are permissable. Also, Italy.1 Turkey. this treaty does not describe or cate­ thought to be impractical since it in­ Liberia. Uruguay. volved the initial shipment of all ma­ gorize eligible importers or consignees, so terials to a commission located in Italy § 502.8 Miscellaneous ; coordination with that any commercial enterprise may be U.S. Customs Bureau. that was to issue all certificates; Buenos the recipient of these international Aires, because of the manner of handling (a) Nothing in these regulations shall shipments. propaganda materials. preclude normal examinations of im­ (b) In 1938, the U.S. Department of ported materials under the Customs laws (e) Postal clearing fee: Articles de­ State established the policy of this Gov­ and regulations (Title 19, U.S. Code; livered by mail, which are eligible for ernment to assist in every appropriate Title 19, Code of Federal Regulations), duty-free entry under the regulations way the circulation abroad of American or the application of the laws and reg­ in this part, are, additionally, not subject visual and auditory materials, and in ulations governing the importation or to the standard Postal Clearing Fee 1942 implemented that policy by begin­ prohibition against importation of cer­ normally imposed by the U.S. Post Office ning to certify American audio-visual tain materials including seditious or sa­ materials as to their educational/infor­ lacious materials as provided in 19 U.S. Department, provided there has been a mational nature, to facilitate their ship­ Code 1305. timely filing with the appropriate U.S. ment and probable duty-free entry (b) Each USIA action, authenticating Customs Office of the documentation re­ abroad. The program was further de­ a foreign certificate, will be reflected in quired by the regulations in this part. veloped in 1946 by establishment of an an Importation Document furnished the interdepartmental committee on attesta­ Applicant; a copy of each such Importa­ R o b er t W . A k e r s , tion, in order to give attestation officers tion Document will be simultaneously Acting Director. the benefit of government-wide expertise furnished the U.S. Bureau of Customs [F.R. Doc. 67-8125; Plied, July 13, 1967; in the reviewing of motion pictures and (Treasury Department). USIA records 8:47 a.m.] other audio-visual materials. and officers are always available to the (c) Most of the objections to the Ge­ U.S. Bureau of Customs in connection neva and Buenos Aires treaties were with all questions within the competence overcome in the drafting of the Beirut of the Bureau. Title 32— NATIONAL DEFENSE Agreement of 1948 through the device of (c) Refund of duty: If audio-visual Chapter V— Department of the Army certification by an agency of the govern­ materials, which are claimed to be eli­ ment of the country of origin of the ma­ gible for duty-free import under these SUBCHAPTER A— AID OF CIVIL AUTHORITIES terials. That treaty has since 1948 been regulations, are sought to be entered un­ AND PUBLIC RELATIONS the guide for all U.S.A. export certifica­ der item 870.30 of the Tariff Schedules PART 518— AVAILABILITY OF tion. Although delayed in ratification of the United States prior to the filing of INFORMATION ana in the passage of implementing leg­ an appropriate importation document as islation, the U.S.A. has now become a full described herein, a deposit of the esti­ Effective upon publication in the F ed ­ Partner in Beirut, so that (effective Jan- mated duties which will be due if the eral R e g is t e r , Part 518 is revised to read 1967) imports under foreign articles do not qualify for free entry un­ as follows: certificate move in duty-free for the first der item 870.30 will be required. Liquida­ Sec. lime. tion of the entry will be deferred for a 518.1 Purpose. , and over 3.000 differe 518.11 Appeals and exceptions. ti.£ ad E m itted materials f laws. In such case, the importer is al­ 518.12 Appeals to the Secretary of the ^ ert? cf tion- ^ number of tim lowed a period of 60 days after liquida­ Army. shinnww!i5ate*is re_used for subseque tion in which he may protest an adverse 518.13 Unofficial research In Department of samp1?^ ? additional copies of t the Army files by U.S. citizens. item is, of course, unknown. 1 Limited participation; 518.14 Unofficial research in medical records.

FEDERAL REGISTER, V O L 32, NO. 135— FRIDAY, JULY 14, 1967 10356 RULES AND REGULATIONS

Sec. (e) General Accounting Office com­ equipment, etc., whatever their histori­ 518.15 Location of and access by individual prehensive audits—AR 36-20. cal value or value as evidence. concerned or designated repre­ (f) Confinement of persons presently sentative to military personnel (b) Records are not limited to perma­ records by The Adjutant General or formerly confined in the United nent or historical documents but in­ and the Administrator of General States disciplinary barracks (paragraph clude contemporaneous documents as Services. 127, AR 210-170). well. 518.16 Supply of maps to the general (g) Release of information from— § 518.5 Requests for Army records. public. (1) Inspector general reports—AR 518.17 Information published in the Fed­ 20- 1. (a) Subject to the procedural re­ eral R egister or made available (2) Aircraft accident investigations— quirements of this regulation and the for public inspection and copying. AR 95-30. exemptions contained in § 518.10, copies 518.18 Officers to whom requests for infor­ of, or information from, Army records mation may be directed. (3) Traffic accident investigations— AR 190-15. will be made available upon proper re­ Authority: The provisions of this Part 518 (4) Criminal investigation reports— quest from any person. A proper request issued under sec. 3012, 70A Stat. 157, apply AR 195-10. requires: sec. 1, 81 Stat. 54r-56, sec. 3, 60 Stat. 238, secs. (5) Safety reports and records—AR (1) A description of the record re­ 283, 641, 793, 795, 797, 1905, 2507, 62 Stat. quested with sufficient particularity to 697, as amended, 725, 736, 23 amended, 737, 385-40. 738, 791, 977, as amended, sec. 506, 64 Stat. (6) Medical records, and files in Rec­ enable the Department of the Army to 593; 5 U.S.C. 552, 18 U.S.C. 283, 641, 793, 795, ords Centers—AR 345-200. locate the record with a reasonable 797,1905, 28 U.S.C. 2507, 44 U.S.C. 396. (7) Claims reports—AR 27-20. amount of effort. (8) Military personnel records—AR (2) A willingness and ability to pay § 518.1 Purpose. 640-12. the costs associated with locating and The provisions of Part 518 govern pol­ (9) Civilian personnel records—CPR’s providing copies of the record requested. icies and procedures for the release, out­ Cl, E2, Ml, Rl; Federal Personnel Man­ (b) There is no obligation to create a side of the Department of the Army, ual, Chapters 293 and 339. record to satisfy a request for informa­ of information contained in Army (h) Procurement m atters—Armed tion. When the information requested records. Services Procurement R eg u la tio n exists in the form of several records at '(ASPR) (Subchapter A, Chapter I of this several locations the applicant will be § 518.2 General policies. title) and the Army Procurement Pro­ referred to those sources if gathering the (a) The policy of the Department of cedure (APP) (Parts 591 to 612 of this information would be so burdensome as the Army is that maximum information chapter). to interfere materially with the opera­ shall be made available from Army (i) Information to the Federal Bureau tions of the Army. records. Requests for information from, of Investigation for investigation and (c) If the requested record originated or copies of, identifiable Army records prosecution of offenses—AR 22-160. within another agency, the request will will be granted unless the request in­ (j) Defense (classified) information. be promptly referred to that agency for volves a category of information that is Information classified pursuant to AR disposition. A member of the public who exempted from the requirement of dis­ 380-5 (Part 505 of this chapter) may not requests a copy of material primarily closure by 5 U.S.C. 552, and § 518.10. be released pursuant to this Part 518. concerning a member of Congress or a (b) All requests for information will However, if it appears that information Congressional Committee, or a copy of be acted upon fairly, completely, and ex­ from, access to, or copies of defense in­ a transcript of testimony given before peditiously. Delay will not be permitted formation are of proper and direct con­ a Congressional Committee, will be ad­ even though requests appear to be minor cern to a requesting party, and that the vised to direct his request to the mem­ in nature. Information within & category granting of the request would be appro­ ber or committee concerned. which is normally exempt from public priate if the papers were not classified, § 518.6 Examination and reproduction disclosure under § 518.10 should be made declassification will be considered for o f records. available if no legitimate purpose exists the whole document or portions thereof. (a) Authority to release records in­ for withholding it from the public. In­ See paragraph 15, AR 380-6. Necessary cludes authority to permit their exam­ formation from Army files will not be coordination will be made with the com­ ination. When authority to examine withheld from the public because it may mand intelligence officer, or the As­ records is granted, the examination reveal or suggest error or inefficiency. sistant Chief of Staff for Intelligence, normally will be permitted at the place as appropriate. In addition, classified § 518.3 Scope. where the papers are maintained or documente may be used for unofficial re­ stored, during regular business hours, The provisions of this Part 518 apply search purposes under conditions set and under such circumstances and pro­ to requests for Army records received forth in paragraph 66-AR 345-200. cedures as are deemed appropriate by from any source outside the Department (k) Release of information to for­ the custodian. of the Army. It is not intended, however, eign nationals—AR 345-200. (b) Original and record copies of Army to limit release of information to agencies (l) Technical reports—AR 70-31. records may not be released. Copies or individuals in the Federal Govern­ § 5 1 8 .4 D efin ition o f Army records. should be furnished instead. A charge ment whose official duties entitle them may be imposed for conducting a search to secure the records concerned. The For the purpose of this Part 518, the and preparing copies of records m policies set forth in this Part 518 govern following definition of “record,” taken accordance with the provisions of the release of information in all other from 44 U.S.C. 366, applies: AR 37-30 and Part 288, Chapter I of this instances. Requests for Army records will * * * All books, papers, maps, photo­ title. be denied only on the grounds authorized graphs, or other documentary materials, re­ 518.7 Procedure for release of records in this Part 518, the Armed Services gardless of physical form or characteristics, Procurement Regulation (Subchapter A, made or received by any agency of the United to the public. Chapter I of this title), and the Federal States Government in pursuance of Federal (a) Upon receipt of a request _con- Personnel Manual, Notwithstanding any law or in connection with the transaction >rming with the requirements of § 5io- . limitations contained in the other reg­ of public business and preserved or appro­ le commander of a unit, installati , ulations listed in this section. The fol­ priate for preservation by that agency or its legitimate successor as evidence of the or­ : activity will furnish access to, or cop- lowing regulations set forth additional ganization, functions, policies, decisions, pro­ s of, Army records, unless the mf°r procedures for the release of certain cedures, operations, or other activities of on contained therein falls within records or information therefrom: the Government or because of the informa­ r more of the exemptions set form.m (a) News media and other public in­ tional value of date contained therein, 518.10. The appropriate judge aavo- formation channels—AR 360-5. (a) The term “records” does not In­ ite or legal officer should be cons (b) Litigation—AR 27-5. clude objects or articles such as struc­ i matters of legal interpretation. > (c) Patents and inventions—AR 27-6. tures, furniture, paintings, sculpture, le judgment of the commander, tne re (d) Disciplinary actions—AR 345-60. three-dimensional m odels, vehicles, rest involves a record containing i

FEDERAL REGISTER, V O L 32, NO. 135— FRIDAY, JULY 14, 1967 RULES AND REGULATIONS 10357 mation falling within the limitations of search Council, or any other accredited (4) In cases under subparagraphs (1) § 518.10 the applicant should be advised agency, when engaged in cooperative through (3) of this paragraph, requests that he may appeal the commander’s studies undertaken at the specific re­ for information by individuals acting in decision to the appropriate officer desig­ quest of, or with the consent'' of, The a representative capacity on behalf of nated in § 518.11. Such an appeal will be Surgeon General. another individual will include evidence made in writing and will be submitted (viii) In connection with the collec­ in writing of the requestor’s representa­ to the commander to whom the original tion of claims in favor of the Govern­ tive capacity. In cases in which the re­ request was directed. The commander ment, pertinent portions of an injured lease of the requested information is will transmit the request to the appro­ party’s medical records may be fur­ limited to the individuals concerned, the priate officer designated in § 518.11, nished to the judge advocate or legal of­ records may be released to other indi­ together with a statement of his grounds ficer of the command for release to the viduals or organizations upon presenta­ for refusing the request and his recom­ tort-feasor’s insurer, if appropriate, tion of evidence in writing of the con­ mendation if any as to permitting the even though the injured party does not sent of the individual concerned. release of exempted information pur­ consent thereto. suant to § 518.11. § 518.8 Releases to Congress. Information released to third persons (a) Congressional requests. Requests (b) Information releasable by com­under the provisions of subdivisions (v), mands subordinate to Headquarters, by Members of Congress (or staffs of (vi) , and (vii) of this subparagraph will congressional committees) for inspec­ Department of the Army, may also be be accompanied by a statement to the released by the agency within Headquar­ tion or copies of official records will be effect that the information is released handled as follows: ters, Department of the Army, primarily upon condition that it will not be dis­ concerned. closed to other persons, except in ac­ (1) Defense (classified) records: Ap­ (c) The following records, exempt cordance with the accepted limitations plicable provisions of AR 380-5 will be from disclosure to the general public, which relate to privileged communica­ followed. will none the less be released on request tions between doctor and patient. (2) Civilian personnel records: Mem­ to the individuals specified: (2) Military personnel records will be bers of Congress may examine official (1) Medical records. The followingreleased by the custodian as follows: personnel folders subject to observance information will be released by com­ (i) Statement of military service: The of applicable instructions governing the manding officers of medical treatment Department of the Army is required by release of disciplinary action informa­ facilities or records centers: statute to provide certain information tion. See CPR Rl. 3-6 and paragraph 7b, (i) Information on the condition of relating to the service of an individual AR 345-60. sick and injured patients will be released to that individual or his legal repre­ (3) Information pertaining to disci­ to the relative of such patients, in order sentative. (Sec. 601 of the Soldiers’ and plinary action: See paragraph 7b, AR to allay their anxiety. Sailors’ Civil Relief Act of 1940, as 345-60. (ii) Information that the patient’s amended: 50 U.S.C. App. 581.) (4) Military personnel records: These condition has reached a critical stage (ii) Papers relative to applications for, records will not be released except by will be released to the nearest known designation of beneficiaries under, and Headquarters, Department of the Army. relative or the person designated by the allotments in payment of premiums for Requests from Members of Congress (or patient to be informed in case of an National Service Life Insurance are the staffs of congressional committees) will emergency. proper and direct concern of the appli­ be referred direct to the Chief of Legis­ (iii) Information that a diagnosis of cant or insured, and Will be released to lative Liaison, Department of the Army, psychosis has been made will be released him. In the event of his death or insan­ Washington, D.C. 20310. to the nearest known relative or the per­ ity, the beneficiaries designated in the (5) Except for the records set forth in son designated by the patient. policies, or the next of kin, are consid­ this section and in § 518.19 installation (iv) Information will be released to ered to have a direct and proper con­ commanders may furnish the requested local officials with respect to all births, cern in these records, and the records records. deaths, and cases of communicable dis­ will be released to them. (b) Reports to Chief of Legislative eases where such reports are required by (iii) Copies of Army documents record­ Liaison. pertinent local laws. ing the death of a member of the mili­ (1) Upon release of information to (v) Medical records relating to presenl tary service, a dependent, or a civilian Members of Congress or staffs of con­ or former military personnel, dependents employee will be released to his next of gressional committees, the Chief of civilian employees, or patients in a medi­ kin, his life insurance carrier, and legal Legislative Liaison, Department of the cal treatment facility of the Department Representative. Army, will be immediately informed of of the Army, are the proper and direct (iv) Papers relating to the pay and the action taken. concern of the individual to whom thej allowances or allotments of a member (2) Requests from Members of Con­ pertain, and will be released to him. Ir or former member of the military service gress or staffs of congressional commit­ the event he has been adjudged insane will be released to the individual to whom tees for nonreleasable or defense (clas­ or is dead, the records are the proper and they pertain, his authorized representa­ sified) information will be referred by direct concern of the next of kin or hie tive or, in the case of deceased personnel, the most expeditious means to the Chief legal representative, and will be released the next of kin or legal representative. of Legislative Liaison, Department of the to them. If the information might prove (3) Civilian personnel records: Civilian Army, for action. Referrals will include injurious to the physical health of the personnel officers having custody of pa­ the material requested together with the patient, the information will not be re­ pers relating to the pay and allowances recommendations of the transmitting leased to the individual concerned. Ir or allotments of a current or former agency. such a case, the information will be re­ civilian employee will release them to the leased only to his next of kin or legal individual to whom they pertain, his au­ § 518.9 Litigaiion. representative. thorized representative, and, in the case Whenever information is released un­ (vi) Copies of medical records may be of deceased employees, the next of kin der the provisions of this Part 518 for furnished to a Federal or State hospital or legal representative. Authority to use in litigation involving the United r penal institution when the individual release civilian personnel records does States, the official responsible for investi­ to whom they pertain is a patient or an not include authority to release state­ gative reports (paragraph 6b, AR 27-1) inmate therein. If the patient or his le- ments of witnesses, medical records, or will be advised of such release so that he gai representative consents, the medical other reports or documents, pertaining to may include a notation in any investi­ records of the patient will be released to compensation for injuries or death of an a civilian physician. gative report that he may be required to Army civilian employee. See paragraph submit pursuant to section n , AR 27-1. Copies of medical records, or in- 1-4, chapter 339, Federal Personnel therefrom, may be furnished Manual. Such information will be re­ § 518.10 Exemptions. L 4™ « ! representatives of the Na­ leased only by the appropriate officials Except as authorized in §§ 518.7(c), tional Academy of Sciences, National Re­ designated in § 518.11. 518.8 and 518.11, information contained

FEDERAL REGISTER, VOL. 32, NO. 135— FRIDAY, JULY 14, 1967 10358 RULES AND REGULATIONS

In the following records will not be re­ communications within and among an individual’s official duties, the amount leased: agencies and components. Examples in­ of time which has passed since the al­ (a) Those classified in the interests clude: leged misconduct, and the degree to of national defense and foreign policy (1) Staff papers containing staff which the individual’s privacy has pursuant to AR 380-5. advice, opinions, and suggestions, pre­ already been invaded by any investiga­ (b) Those containing rules, regula­ liminary to a decision or action. These tion of proceedings which have taken tions, orders, manuals, directives, and in­ include, for example, reports of inspec­ place. For example, after completion of structions which provide only internal tions, audits, investigations or surveys appellate review, unclassified records of guidance to DoD personnel. Examples which pertain to safety, security, or the court-martial proceedings should always include: internal management, administration, or be made available, since they represent (1) Operating rules, guidelines and operation of the Department of the a record of proceedings open to the pub­ manuals for investigators, inspectors, Army, which contain recommendations lic in which the relevant conduct of the auditors, and examiners, and schedules or advice to an official authorized to take member has been fully explored. (Rec­ or methods involved. action on the subject matter concerned. ords of court-martial proceedings may (2) Negotiating and bargaining tech­ (2) Advice, suggestions, or reports be made available at an earlier stage if niques, positions, and limitations. prepared on behalf of the Department of to do so in the judgement of The Judge (3) Personnel and other administra­ the Army by boards, committees, coun­ Advocate General would not interfere tive matters, such as, examination ques­ cils, groups, panels, conferences, commis­ with their use by counsel and reviewing tions and answers used in training sions, task forces, or other similar authorities.) courses or in the determination of the groups that are formed to provide advice (3) When the sole and exclusive basis qualifications of candidates for employ­ and recommendations. for withholding information is protec­ ment, entrance to duty, advancement, or (3) Advance information on such tion of the personal privacy of an indi­ promotion. matters as proposed plans to procure, vidual, the information will not be with­ (c) Those containing information lease, or otherwise hire and dispose of held from him or from his designated which statutes authorize or require to be materials, real estate, facilities, or legal representative. withheld from the public. Examples functions when such information would (g) Investigatory files compiled for the Include: provide undue or unfair competitive ad­ purpose of enforcing civil, criminal, or (1) Trade and financial information vantage to private personal interests. military law, including Executive orders provided in confidence by businesses (4) Records which are exchanged or regulations validly adopted pursuant <18 U.S.C. 1905). among agency personnel or within and to law. (2) Technical data, including tech­ among components or agencies prepar­ (1) This exemption includes state­ nical data regarding munitions (50 ing for anticipated legal proceedings be­ ments of witnesses and other material U.S.C. 2023 and 22 U.S.C. 1934). - fore any federal, state or military court, based on the information developed dur­ (3) National Security Agency infor­ or before any regulatory body. These in­ ing the course of the investigation and mation (50 U.S.C. 402). clude papers and advice exchanged all materials prepared in connection with (4) Information relating to inven­ internally in preparation for adminis­ related government litigation and adju­ tions which are the subject of patent trative settlement of potential litigation, dicative proceedings. applications on which Patent Secrecy such as claims against the Government. (2) Any rights conferred by existing Orders have been issued (35 U.S.C. (5) Records of evaluations of con­ law or regulation upon specified persons 181-188). tractors and their products which could or classes of persons to obtain access to (d) Documents containing informa­ be used improperly to the advantage or investigatory files are not hereby tion received from an individual, a to the detriment of private interests. diminished. foreign nation, an international organi­ (6) If any such intra- or inter-agency (h) Those contained in or related to zation, a state or local government, a information requested would routinely examination, operating, or condition re­ corporation, or any other private organi­ be made available through the discov­ ports prepared by, on behalf of, or for zation with the understanding that they ery process in the course of litigation with the use of any agency responsible for the will be retained on a privileged or con­ the agency, then it should not be with­ regulation or supervision of financial fidential basis. Such records include held from the general public. If, however, institutions. documents containing: the information would not routinely be (i) Documents containing geological (1) Information customarily consid­ made available through the discovery and geophysical information and data ered privileged or confidential under process except by a decision of the court (including maps) concerning wells. the rules of evidence in the Federal based on the particular needs of a liti­ courts, such as information coming gant balanced against the interests of § 518.11 Appeals and exceptions. within the doctor-patient, lawyer-client, the agency in maintaining its confi­ (a) Authority to take action upon ap­ or priest-penitent privileges. dentiality, then the record or document peals from decisions of local commanders (2) Commercial or financial informa­ is exempt from the requirement of dis­ under § 518.7 and to release exempted tion received in confidence in connection closure to the public. records under paragraph (b) of this sec­ with loans, bids, or proposals, as well as (f) Information in personnel andtion is assigned to the officials indicated other information received in confidence medical files, as well as information in below. The named officials will coordi­ and privileged, such as trade secrets, in­ similar files that, if disclosed to a mem­ nate all matters relating to the release of ventions and discoveries, or other pro­ ber of the public, would result in a exempted information which have public prietary data. clearly unwarranted invasion of privacy. relations aspects with the Chief of Infor­ (3) Statistical data and commercial (1) Examples of .files similar to medi­ mation or with the appropriate informa­ or financial information concerning con­ cal and personnel files include: tion officer in accordance with AR 10-5 tract performance, income, profits, losses (1) Those compiled to evaluate or and AR 360-5. In cases where the and expenditures if received in confi­ adjudicate the suitability of candidates exempted information requested is re­ dence from a contractor or potential for civilian employment and the eligi­ lated to actual or potential litigation by contractor. bility of individuals, civilian, military or or against the United States, its release (4) Commercial information such as industrial, for security clearances; will be coordinated with the Judge Ad­ formulae, designs, drawings, and other (ii) Files containing reports, records,vocate General. In cases in which the technical data submitted in confidence and other material pertaining to indi­ officials designated below determine that in connéction with research, grants or vidual cases in which administrative the information requested is not exempt contracts. action may be taken. under § 518.10 they will release it on their (5) Personal statements given in the (2) In determining whether the re­ own authority and will inform the Chiex course of inspections or investigations, lease of information would result in a of Information or the Judge Advocate where such statements are received in clearly unwarranted invasion of privacy, General of its release, as appropriate. confidence, consideration should be given, in cases (1) The Adjutant General or his des­ (e) Except as provided in subpara­ involving alleged misconduct, to the re­ ignee is authorized to take action upon graph (6) of this paragraph, Internal lationship of the alleged misconduct to all requests involving military personne

FEDERAL REGISTER, VOL. 32, NO. 135— FRIDAY, JULY 14, 1967 RULES AND REGULATIONS 10359 records, and medical records of retired, § 518.13 Unofficial research in Depart* of national defense and the researchers separated, or inactive duty military per­ ment of the Army files by U.S. are trustworthy. sonnel. Requests for medical records of citizens. (2) Delegation of authority. The au­ former military personnel, not covered (a) General. (1) The Chief of Infor­ thority cited in paragraph (a) of this by the provisions of AR 345-200, will be mation, U.S. Army, will monitor for the section is further delegated to the Chief coordinated with The Surgeon General. Secretary of the Army the program of of Information, United States Army. (2) The Surgeon General or his des­ unofficial research in Department of the (3) Responsibility. Access to classi­ ignee is authorized to take action upon Army files. fied files in Army records centers and fa­ all requests involving medical records of (2) Department of the Army files in cilities of the General Services Adminis­ active duty military personnel, former Army records centers and in facilities of tration will be permitted for use in con­ military personnel, dependents, any per­ the General Services Administration, nection with unofficial historical research son given a physical examination in con­ subject to conditions set forth in this only when the Chief of Information, U.S. nection with prospective appointment, section, are available for use in connec­ Army is satisfied after appropriate in­ induction or enlistment, and other tion with approved unofficial research. quiry that: civilians. Space and facilities will be furnished by (i) Access to the information will be (3) The Deputy Chief of Staff. for the custodians to authorized researchers. clearly consistent with the interests of Personnel or his designee is authorized No withdrawal of the files from the national defense and that the persons to to take action on requests for release of premises will be made for the purpose be granted access are trustworthy. information contained in civilian per­ or unofficial research. (ii) The relationship of the researcher sonnel records. (3) All requests for permission to con­ to the research project is established as (4) The Provost Marshal General or duct unofficial research in Department being bona fide. his designee is authorized to take action of the Army files will be submitted in (iii) The researcher agrees that prior on requests for release of information duplicate on DA Form 2740 (Application to publication or dissemination he will contained in criminal investigation re­ To Use Department of the Army Files). submit his manuscript for clearance to ports (DA Form 2800). Requests for DA Form 2740 should be the Chief of Public Information, Attn: (5) Commanders designated in para­ addressed to The Adjutant General, Office for the Freedom of Information, graph 32, AR 380-5, are authorized to re­ ATTN: AGAR, Department of the Army, Office of the Secretary of the Army, lease defense security information under Washington, D.C. 20315. Washington, D.C. 20310. conditions specified in paragraph 32, (b) Use of unclassified files in the Na­ (4) Applications. All requests for AR 380-5. tional Archives and in Federal records access to classified files in Army records (6) The Heads of Procuring Activities centers. Department of the Army files centers and in facilities of the General as listed ASPR 1-201.14 (§ 1.201-14 of this transferred to the General Services Ad­ Services Administration will be submit­ title) are authorized to take action on ministration are maintained in the divi­ ted to the custodian. If the location of requests for release of information con­ sions of the National Archives and in the the files is not known, the request will tained in procurement records. Federal records centers. Requests for be submitted to The Adjutant General, (7) The Judge Advocate General or access to unclassified files should be di­ Attn: AGAR. All applications for ac­ his designee is authorized to take action rected to the appropriate element of the cess to classified files will be submitted on all other requests except those involv­ General Services Administration having in duplicate on DA Form 2740 (Applica­ ing IG reports. Authority to act on IG custody of the files to be used in the un­ tion To Use Department of the Army reports is as prescribed in AR 20-1. The official research. The head of each of Files), accompanied by: Judge Advocate General is also author­ these elements is responsible for author­ (i) DD Form 398 (Statement of Per­ ized to take action on requests within the izing access to unclassified Department sonal History), will be prepared in five purview of subparagraphs (1) through of the Army files in his custody and acts copies. (4) of this paragraph in cases involving on all inquiries relating to the use of (ii) DA Form 1111 (Certificate of Non­ litigation in which the United States these files for unofficial research pur­ affiliation With Certain Organizations) has an interest. poses. Unclassified files and information will be prepared in one copy. (b) The officers named in paragraph therefrom are made available for unof­ (iii) FD Form 258 (FBI U.S. Depart­ (a) of this section may in appropriate ficial research purposes under the con­ ment of Justice Fingerprint Card). cases permit the release of exempted rec­ ditions and procedures specified by the (iv) A signed statement by the re­ ords described in § 518.10 (b) and (i) respective custodians. searcher and his assistants as follows: unless nondisclosure is required by stat­ (c) Use of unclassified files in Army S tatem ent ute. Material exempt under § 518.10(a) records centers. Requests for access to I, the undersigned, fully understand that may not be released under this section, unclassified files in Department of the any classified information which I may re­ but must be declassified before release Army records centers will contain, as a ceive from Army records affects the national in accordance with the provisions of minimum, the name of the requester, a defense of the United States within the AR 380-6. Requests for exceptions under description of the research project, and meaning of the espionage laws and that its this paragraph shall include an explana­ the purpose of the research project. Re­ transmission to an unauthorized person is tion of the applicant’s interest in the quests should be directed to the head prohibited under penalties of thé statutes exempted record and the use proposed to of the récords center having custody of pertaining thereto (Title 18, U.S.C., Sections be made of it. the files in which the research is to be 793 and 794). § 518.12 Appeals to the Secretary of th< conducted. If the location of the files (5) Research operations, notes, and Army. is not known, the requests should be manuscripts—ii) Security review of submitted to The Adjutant General, classified documents. In order to' facil­ If a request for an Army record is ATTN: AGAR, Department of the Army, itate the use of classified records, author­ denied by the officer authorized to take Washington, D.C. 20315. The head of ized researchers will be required to select action upon such request in § 518.11, oi the records center is responsible for au­ the classified documents which are to be his designee, the applicant will be in* thorizing access to unclassified files in his used. After the documents have been ormed in writing of the basis for the custody. selected and before any notes are made denial (with reference to the appropriate (d) Use of classified files—(1) Au­ from the documents, The Adjutant Gen­ exemption set forth in § 518.10) , and oi thority. Discretionary authority is vest­ eral will arrange with the custodian of is opportunity to submit a final appeal ed in the Secretary of the Army by Exec­ the records for a review of the documents m writing to the Secretary of the Army utive Order 10816 (24 F.R. 3777, May for possible declassification. Any docu­ uch appeals will be submitted to the 12, 1959) to permit persons performing ments which are declassified will be made appropriate officer designated in § 518.11 unofficial historical research projects available to the researcher. tJSrlw be transmitted by that officer to have access to classified Army rec­ (ii) Use of classified documents. An tnirf ^eij. ^tth all other materials per- ords when in his judgment or that of authorized researcher also may be per­ t? ^ request, to the Office oi his delegated representative such access mitted to examine documents which are the Secretary of the Army. is clearly consistent with the interests not declassified pursuant to the review

FEDERAL REGISTER, VOL. 32, NO. 135— FRIDAY, JULY 14, 1967 10360 RULES AND REGULATIONS under subdivision (i) of this subpara­ Charges for copy reproduction will be stracts or reproduced copies of medical graph. This examination will be limited made in accordance with prevailing fees. records. to a review for background purposes, and Arrangement of files for copy reproduc­ (5) Any published material or lectures notes will not be made from the docu­ tion purposes will be the responsibility on the particular project or study will ments. An exception may be granted to of appropriate personnel of the records contain a statement as follows: “The use permit the making of a limited number center. of Army medical records in the prepara­ of notes when the researcher can restrict § 518.14 Unofficial research in medical tion of this material is acknowledged, but the documents to only a few which are records. it is not to be construed as implying offi­ vital to his research project. Notes taken cial approval of the Department of the from these documents will be handled (a) General. Army medical records Army of the conclusions presented.” as provided below. in medical treatment facilities, Army (e) Reproductions of documents. Re­ (iii) Format of classified notes. To records centers, and in facilities of the productions of documents may be ob­ facilitate the review and clearance of General Services Administration may be tained under provisions of § 518.13(e). notes made from classified records, as made available to qualified individuals required in subdivision (v) of this sub- for the purpose of unofficial research and § 518.15 Location of and access by indi­ paragraph, researchers will be required study. Space and facilities will be fur­ vidual concerned or designated rep­ to: nished by the custodians to authorized resentative to military personnel rec­ researchers. Medical records will not be ords maintained by The Adjutant (a) Type notes on letter size paper General and the Administrator of (8" x IOV2") using only oneside of sheet. removed from the premises of the cus­ General Services. Each sheet of notes will pertain to not todian for the purpose of unofficial re­ more than one document. search. Commanders of medical facilities (a) Purpose. This section sets forth (b) Indicate at the top of each note will not borrow retired records for use by the locations of and the conditions un­ made from a classified document the unofficial researchers. der which members and former members origin of the document used, its date, (b) Responsibilities. (1) The Surgeon of the Army, in a status shown below, subject, folder number or identification, General is responsible for approving re­ may review their individual official mili­ file location, and security classification. quests for access to medical records for tary personnel files maintained by The (c) Number each sheet of notes con­ unofficial research and study, except as Adjutant General and the Administrator secutively. indicated in subparagraph (2) of this of General Services. (d) Leave the last 3 inches on the bot­ paragraph. (1) Personnel on active duty. tom of each sheet of notes blank for use (2) Commanders of Army medical (2) Reserve Component personnel not by reviewing authorities. facilities are responsible for approving on active duty. (e) Prepare and maintain classified requests from personnel under their com­ (3) Retired personnel notes separately from unclassified notes. mand jurisdictions for access to medical (4) Separated personnel. (iv) Safeguarding classified notes. records in their facilities. (b) Location of records. (1) Records The Adjutant General will arrange with (c) Applications. Except as indicated of the following personnel are located in custodians of classified records to insure in paragraph (b) (2) of this section, all The Adjutant General’s Office, Personnel that notes made from classified records requests for access to medical records Records Division, Department of the are not removed by researchers. Such for unofficial research and study will be Army, The Pentagon, Washington, D.C., notes will be safeguarded as defense in­ addressed to The Surgeon General, De­ 20310: formation until declassified. partment of the Army, Washington 25, (1) All active duty commissioned, war­ (v) Review and clearance of classified D.C., Attn: MEDDD-HO. The applica­ rant officer, and enlisted personnel (in­ research notes, (a) The Adjutant Gen­ tion will contain the following infor­ cluding members of Reserve Components eral will arrange with the custodian for mation: on extended active duty). classified notes made from Army records (1) Name and address of the re­ (ii) General officers of all components to be forwarded to him. The Adjutant searcher, and any assistants. (active, inactive, or retired). General will refer the notes for a security (2) Professional qualifications of the, (2) Records of the following person­ review to the appropriate Hèadquarters, researcher, and any assistants. nel are located in the U.S. Army Records Department of the Army offices having (3) Description of the project or field Center, TAGO, 9700 Page Boulevard, St. primary interest in the subject matter. of study in which the researcher is Louis, Mo. 63132: j, The offices concerned will return the engaged. (j) Officers and warrant officers com­ notes with recommendations on declassi­ (4) Reason for requesting the use of pletely separated on or after October 6, fication to The Adjutant General, Atten­ Army records. 1945. tion: AGAR-S, for declassification (5) Particular records to which access (ii) Officers (except general officers) , action. is requested and their location. warrant officers, and enlisted members of (b) When the security review has been (6) Inclusive dates during which ac­ Reserve Components not on active duty. completed, notes which have been de­ cess is desired. (iii) Enlisted personnel, now sepa­ classified will be returned to the re­ (d) Conditions. Prior to being granted rated, whose last date of entry was on or searcher by The Adjutant General. access to medical records, each indi­ after October 6,1945. Notes or portions thereof which cannot vidual named in the application will be (iv) All retired officers (except general be declassified will be retained by The required to sign an agreement stating officers), and all retired enlisted per­ Adjutant General. that: sonnel. (vi) Review of manuscript. Re­ (1) Information obtained from Army (v) Field personnel files of officers searchers who are permitted access to medical records will be treated in ac­ (including general officers), warrant of­ classified records for unofficial research cordance with the ethical principles of ficers, and enlisted personnel of the will submit their final manuscripts for the medical profession. Standby and Retired Reserve. clearance to the Chief of Public Informa­ (2) The identity of individuals re­ (3) Records of the following person­ tion, Attention: Office for the Freedom ferred to in the medical records will not nel are in the Army Branch, Military of Information, Office of the Secretary be divulged without permission of the "Personnel Records Center, GSA, 9700 of the Army, Washington, D.C. 20310. individuals concerned, and that photo­ Page Boulevard, St. Louis; Mo. 63132: On completion of clearance action, the graphs of an individual, or any exterior (i) Officer and warrant officer per­ Chief of Public Information will return portion of the body of an individual will sonnel who were completely separated ‘the manuscript to the researcher. not be released without the consent of during the period July 1, 1917 through (e) Reproduction of documents. Re­the individual concerned. October 5,1945 inclusive, and who did not production of unclassified documents by (3) The researcher understands that re-enter the Army after October 5, 1945. photographic means may be undertaken permission to examine the records does (ii) Enlisted personnel who were com­ at Army records centers for unofficial not imply approval of the project or field pletely separated during the period No­ research purposes. Cost of copy repro­ of study by The Surgeon General. vember 1, 1912 through October 5, 1945 duction will be borne by the individual (4) All identifying entries pertaining inclusive, and who did not re-enter the for whom the documents are reproduced. to an individual will be deleted from ab­ Army after October 5,1945.

FEDERAL REGISTER, VOL. 32, NO. 135— FRIDAY, JULY 14, 1967 RULES AND REGULATJONS 10361

(c) Access and review. (1) Records of of the Reserve Components not on active the Assistant Chief of Staff for Intelli­ personnel will be made available for ac­ duty). gence, U.S. Army. Signature cess and review by the individual con­ Grade, branch of service § 518.17 Information published in the cerned or his authorized representative. Service number Federal Register or made available (2) Access to records of personnel in for public inspection and copying. § 518.16 Supply of maps to the general a status shown in paragraph (a) of this (a) Information published in the section is permitted either in TAGO, public. Personnel Records Division, The Penta­ (a) The sale or distribution of unclas­ F ederal R e g is t e r . (1) 5 U.S.C. 552 re­ gon, Washington, D.C. or the USARCEN, sified maps and related materials to in­ quires that certain information concern­ TAGO, 9700 Page Boulevard, St. Louis, dividuals and commercial firms is inci­ ing the Army be made available for the dental to the primary function of the use of the general public through pub­ Mo. lication in the F ederal R e g is t e r . The (d) Appointments. Except in unusual Army. When requests for maps and re­ following information is made available circumstances, a person (or his desig­ lated material are received, the following criteria for sale or release will apply: to the public through publication in the nated representative) desiring access to F ederal R e g is t e r : his records will contact The Adjutant (1) Material supplied will contain no (1) An outline of the central and field General, Personnel Records Division, copyright data. organization of the Army, and the estab­ Military Personnel File Review Group (2) Maps of foreign areas supplied lished places at which, the officers from (Oxford 7-1111) to arrange for review will be at a scale of 1:500,000 and smaller whom, and the methods whereby the in Washington, D.C., or the Commanding except as provided in subparagraph (3) public may secure information, make Officer, U.S. Army Records Center, of this paragraph. submittals or requests, and obtain deci­ TAGO, to arrange for review in St. Louis, (3) Unclassified maps of foreign areas sions. Mo., at least 2 normal working days in at a scale larger than 1:500,000 but advance of the time the appointment is (ii) The procedures, both formal and smaller than 7:75,000 may be supplied informal, by which the Army conducts desired. If access necessitates transfer of when considered in the best interests of records between Washington, D.C., and its business with the public. the United States subject to third-nation (iii) Rules of procedure which must be St. Louis, Mo., or vice versa, request for restrictions. Questionable cases will be review should be made 4 working days followed, forms to be completed, sources referred to the Chief of Engineers, De­ from which these forms may be obtained, in advance of the desired appointment. partment of the Army, or appropriate Records will be made available only dur­ and instructions on the scope and con­ oversea command. AH materials so re­ tent of any papers, reports, or examina­ ing normal office hours, Monday through leased will contain an appropriate note Friday. tions required to be submitted pursuant restricting its use to the individual or to such rules of procedure. (e) Representative. An individual may firm concerned. (iv) Statements of general policy and designate in writing a representative, in­ (4) Suitable materials are not avail­ substantive rules of general applicability cluding a legal representative, to review able through commercial organizations affecting the public. his file if he cannot do so himself. Of­ or in civil agencies of the Federal (2) No member of the general public ficers assigned to career management ac­ Government. tivities or to The Adjutant General’s will be required to resort to, or be' ad­ Office may not be designated as repre­ (5) Sale will not deplete stocks below versely affected by, any matter that is sentatives for the purpose of reviewing quantity deemed necessary to fulfill re­ required to be published in the F ederal records. quirements of the military services. R e g is t e r , and not so published, unless he (6) Large-scale maps, aerial photo­ has actual and timely notice of the in­ (1) At the time the review is to be graphs and geodetic control of foreign formation contained therein. made, the written authorization (para­ areas may be released on a need-to-know (b) Information available for public graph (g) of this section) will be pre­ basis as determined by the Chief of En­ inspection and copying. (1) Subject to sented by the representative to an official gineers or appropriate oversea command the exemptions set forth in § 518.19, the employee of the agency or activity (par­ subject to third-nation restrictions or following categories of information will agraph (c) (2) of this section) in which desire of nation concerned. All mate­ be made available for public inspection the review is desired to be conducted. rial so released will contain an appro­ and copying: The authorization will not be mailed. priate note restricting its use to the in­ (i) Final opinions (including concur­ (2) Individuals are cautioned as to dividual or firm concerned. ring and dissenting opinions) and orders the possibility -of misinterpretations of (b) A sales list of maps and related in adjudications that may be used, cited, the facts reflected in their records by material available to the public can be or relied upon as precedent in future representatives who may not be com­ obtained on request to: Army Map Serv­ adjudications. pletely familiar with the personnel poli­ ice, Corps of Engineers, 6500 Brooks (ii) Statements of policy and interpre­ cies of the Department of the Army. Lane, Washington, D.C. 20315. tations of less than general applicability (f) Next of kin. The privilege to re­ (c) Loan of maps to foreign elements: which affect the public, but are not pub­ view records is not extended to survivors Exhibit, loan, or supply of domestic or lished in the F ederal R e g is t e r . or next of kin of deceased personnel. foreign maps or related products to for­ (iii) Administrative staff manuals A power of attorney does not operate to eign elements including governments, and instructions, or portions thereof, pre­ authorize access to records in these in­ military organizations, commercial firms, scribing Army policies that are deter­ stances. individuals, and foreign military or civil minative of the rights of members of the (g) Sample letter of authorization. students attending U.S. military schools: public, unless these documents are pub­ To: The Adjutant General, (1) Requests will be forwarded directly lished and offered for sale. This provision Department of the Army, to the Assistant Chief of Staff for Intel­ does not apply, to instructions for em­ Washington, D.C. 20310 ligence, Department of the Army for ployees on the tactics and techniques to or decision. be used in performing their duties, or to Commanding Officer, (2) Most maps of foreign areas at instructions relating only to the internal XJ.S. Army Records Center, TAGO, scales of 1:250,000 or larger are subject to management of the Army. Examples of 9700 Page Boulevard, third party agreements. That is, the manuals and instructions not normally St. Louis, Mo. 63132 country originally* providing the maps made available are: I (name (typed or printed)) request that (full name and address), my authorized (first party) to the United States (second (a) Those issued for audit and inspec­ representative, be allowed to review my per­ party) has required an agreement that tion purposes or those which prescribe sonnel records in the same manner as would the map will not be released to any third operational tactics, standards of per­ be permitted if I presented myself for this party without prior consent of the first formance, or criteria for defense, prose­ Purpose. party. cution, or settlement of cases. l am (state present status, l.e., whether on (3) Domestic maps on the public sale (b) Operations and maintenance ac"T* duty, retired, separated, or a member list may be released without approval of manuals and technical information con-

FEDERAL REGISTER, V O L 32, NO. 135— FRIDAY, JULY 14, 1967 No. 135—Pt. i- 10362 RULES AND REGULATIONS cerning munitions, equipment and (6) The cost of copying any documen­ ager, National Personnel Records Cen­ systems. tary materials made available pursuant ter, GSA, 111 Winnebago Street, St (iv) Any materials that are publishedto this paragraph will be imposed in ac­ Louis, Mo. 63118. in the F ederal R e g is t e r pursuant to cordance with AR 37-30. (c) Military personnel records. Re­ paragraph (a) of this section. (7) Identifying details which if re­ quests for military personnel records or (2) The following are illustrative of vealed would be a clearly unwarranted information may be routed to the same the information that will normally be invasion of privacy may be deleted from addresses as indicated in paragraph (b) made available for public inspection and a final opinion, order, statement of policy, of this section. copying: interpretation, staff manual, or instruc­ (d) Legal records. (1) Requests in­ (i) Army regulations, special regula­ tion made available for inspection and volving records of trial by general court- tions, general orders, Department of the copying. However, in every case, the jus­ martial—Chief, U.S. Army Judiciary, Of­ Army circulars, Department of the Army tification for deletion must be fully ex­ fice of The Judge Advocate General, De­ pamphlets, the Army Procurement Pro­ plained in writing. partment of the Army, Washington, D.C. cedure, and the Armed Services Procure­ (8) No material described in subpara­ 20315. Requests involving records of ment Regulation. graph (1) of this paragraph, issued, pro­ trial by summary and special court-mar­ (ii) Final decisions by boards of re­ mulgated, or adopted after July 4, 1967, tial—The Adjutant General, Washing­ view created under the Uniform Code of which is not indexed and made available ton, D.C. 20310. Military Justice, decisions of the Armed for public inspection and copying may be (2) Requests involving the adminis­ Services Board of Contract Appeals, and relied upon, used, or cited as precedent trative settlement of claims—Chief, U.S. decisions of the Army Contract Adjust­ against any member of the public unless Army Claims Service, Office of The Judge ment Board. such person has actual or timely notice Advocate General, Fort Holabird, Md. (iii) Any final rules, orders, and of its terms. If the material described in 20219. opinions in the adjudication of cases of subparagraph (1) of this paragraph was (3) Requests involving debarred or general public interest which may be issued, promulgated, or adopted before suspended contractors—The Assistant cited as precedents. July 4, 1967, it need not be indexed, but Judge Advocate General for Civil Law, (3) Except for the material specified must be made available for inspection Office of The Judge Advocate General, in subparagraph (5) of this paragraph, and copying in accordance with this Department of the Army, Washington, any material described in this paragraph paragraph. D.C. 20310. is available for public inspection and (4) All other requests involving legal copying in Room 1A518, The Pentagon, § 518.18 Officers to whom requests for matters—The Judge Advocate General, Washington, D.C. 20310, which is open information may be directed. Department of the Army, Washington, from 0830 to 1700 (8:30 a.m. to 5 p.m.) (a) Army publications. Requests for D.C. 20310. Monday through Friday. copies of Army publications or indexes— (e) Civil Works program. Requests in­ (4) The Army Library maintains an The Adjutant General, ATTN: AGAM- volving records relating to construction index system by subject matter to the DI, Department of the Army, Washing­ operation, and maintenance for improve­ materials available. The following are ton, D.C. 20315. ment of rivers, harbors, and waterways examples of the type of index that will (b) Medical records. (1) Requests in­ for navigation, flood control, and related be maintained for public reference. volving medical records of military per­ purposes, including shore , protection (i) An index of administrative publi­ sonnel may be directed as follows: work of the Department of the Army, cations (DA Pamphlet 310-1). This (1) Army personnel separated on or may be directed to the appropriate divi­ pamphlet includes a topical index to De­ after January 1, 1960, and reservists not sion or district office of the Corps of partment of the Army regulations, spe­ on active duty—Commanding Officer, Engineers, if known; otherwise, to the cial regulations, circulars, pamphlets, U.S. Army Administration Center, 9700 Chief of Engineers, Department of the and general orders. Page Boulevard, St. Louis, Mo. 63132. Army, Washington, D.C. 20315. (ii) An index to all materials pub­ (ii) Army officer personnel separated (f) Civilian personnel records. Re­ lished in the F ederal R e g is t e r in ac­ between July 1, 1917, through December quests involving personnel records of cordance with paragraph (a) of this 31, 1959, and Army enlisted personnel civilian employees other than those per­ section. separated between November 1,1912, and taining to former employees, may be (iii) An index to Court-Martial December 31, 1959—Center Manager, directed to the installation at which the Reports. National Personnel Records Center, GSA, individual is employed. Requests involv­ (iv) An index to the Armed Services 9700 Page Boulevard, St. Louis, Mo. ing personnel records of former civilian Procurement Regulation. This index can 63132. employees may be directed to the Center also be used for reference to the Army (iii) Army personnel separated-prior Manager, National Personnel Records Procurement Procedure, which follows to dates specified in (ii) above—Assist­ Center, GSA, 111 Winnebago Street, St. an identical paragraph numbering ant Archivist for Military Archives, Of­ Louis, Mo. 63118. system. fice of Military Archives, NARS, GSA, (g) Procurement matters. Requests (v) An index to the decisions of the Washington, D.C. 20408. for material relating to procurement ac­ Armed Services Board of Contract (iv) Military personnel on active tivities may be forwarded to the con­ Appeals. duty—the medical treatment facility tracting officer concerned, or if not (vi) An index to the decisions of the where they are maintained, if known. If feasible, to the appropriate procuring Army Contract Adjustment Board issued the medical facility is not known, the activity. If the contracting officer or after July 4,1967. request may be directed to The Adjutant procuring activity is not known, requests (vii) The Army Library maintains a General, ATTN: AGPF, Department of may be forwarded to the Assistant Sec­ master list of all available indexes and the Army; Washington, D.C. 20310, if retary of the Army (I&L). will assist members of the general public involving commissioned or warrant offi­ (h) Other requests. Requests involv­ in their use of these indexes. cer personnel, or to Commanding Offi­ ing records of the Department of tne (5) Final decisions by boards of review cer, U.S. Army Personnel Support Cen­ Army, not otherwise provided for in tm created under the Uniform Code of Mili­ ter, Fort Benjamin Harrison, Ind. 46249, section, may be directed to The Adjutan tary Justice are available for public if involving enlisted personnel. General, Department of the Army. inspection and copying at The U.S. Army (2) Records of civilians. Requests for Washington, D.C. 20310. the medical records of civilian employees Judiciary, Office of The Judge Advocate K e n n e t h G. W ick h a m , General, 5611 Columbia Pike, Washing­ and all dependents may be directed to Major General, U.S. Army, ton, D.C. 20315. An index to all final the medical treatment facility where The Adjutant General decisions of boards of review issued after maintained, if known. If unknown, or if July 4, 1967, is also available at this the records have been retired, requests [P.R. Doc. 67-8032; Piled, July 13, 19«7; facility. may be addressed to the Center Man­ 8:45 a.m.]

FEDERAL REGISTER, VOL. 32, NO. 135— FRIDAY, JULY 14, 1967 RULES AND REGULATIONS 10363

tions for Presunrise Service Authority pleadings and no adverse parties, and rule 47— TELECOMMUNICATION (PSA) in accordance with § 73.99 of this any resultant rule would not necessarily chapter, and to suspend, modify, or with­ be based exclusively on the record of the Chapter 1— Federal Communications draw such authority under the circum­ hearing. Commission stances outlined therein. All final rules will be published in the [FCC 67-813] (hh) To grant temporary authority for F ederal R egister, unless, in accordance subchannel operation. with section 552(a) of Title 5, United PART o— c o m m is s io n (ii) In conjunction with the Office of States Code, actual and timely notice ORGANIZATION Chief Engineer, to rule on objections has been given to all persons subject to based on claimed phonetic similarity it. Order Regarding Delegation of Au­ arising under § 1.550 of this chapter. Since this amendment relates to De­ thority to Chief, Broadcast Bureau (jj) In conjunction with the Office of partmental organization, procedures, In the matter of revision of § 0.281 of Chief Engineer, to waive the provisions and practices, notice and public proce­ the Commission’s rules and regulations of § 1.550(d) (1) of this chapter if an dure hereon is unnecessary and it may be concerning Delegations of Authority to examination of the call signs of the made effective in less than 30 days after the Chief, Broadcast Bureau. broadcast stations notified by applicant publication in the F ederal R egister. 1. The Commission has reconsideredclearly indicates that no significant like­ This amendment is made under the its delegations of authority to the Chief lihood of public confusion could arise authority of section 9 of the Department of the Broadcast Bureau contained and that no purpose would be served by of Transportation Act (P.L. 89-670; 49 in § 0.281 of its rules. Upon reap­ the waiting period prescribed. U.S.C. 1657). praisal, the Commission has concluded [F.R. Doc. 67-8135; Filed, July 13, 1967; In consideration of the foregoing, that it would be conducive to the orderly 8:48 a.m.] Title 49 of the Code of Federal Regula­ and expeditious handling of its business tions is amended by adding the following new Part 5 “Rule-making Procedures”, and would serve the public interest to effective July 14, 1967. revise the authority so delegated, as r e ­ flected in the attached rules. Title 49— TRANSPORTATION Issued in Washington, D.C., on July 7, 2. These amendments relate to inter­ 1967. nal Commission organization and prac­ Subtitle A— Office of the Secretary of Alan S. Boyd, tice so that the prior notice provisions Transportation Secretary of Transportation. of section 4 of the Administrative Pro­ PART 5— RULE-MAKING Subpart A— Genera! cedure Act do not apply. Authority for Sec. the promulgation of these amendments PROCEDURES 5.1 Applicability. is contained in sections 4(i), 4(j), 5(b), This amendment adds a new Part 5 5.3 Initiation of rule making. and 303 (r) of the Communications Act “Rule-making Procedures” to the regu­ 5.5 Participation by interested persons. of 1934, as amended. lations of the Office of the Secretary. 5.7 Regulatory docket. 3. Accordingly, it is ordered, Effective The purpose of the part is to describe Subpart B— Petitions for Rule Making or July 18,1967, that Part 0 of the rules and the procedures applicable to that Office Exemptions regulations is amended as set forth in prescribing public rules and provides 5.11 Filing of petitions. below. for appropriate participation by inter­ 5.13 Processing of petitions. ested persons. It does not apply to rule (Secs. 4, 5, 303, 48 Stat., as amended, 1066, Subpart C— Procedures 1068, 1082; 47 U.S.C. 154, 155; 303) making by the National Transportation Safety Board, the U.S. Coast Guard, the 5.21 General. Adopted: July 5,1967. Federal Aviation Administration, the 5.23 Contents of notices. 5.25 Petitions for extension of time to Released: July 10,1967. Federal Highway Administration, the Federal Railroad Administration, or the comment. F ederal C ommunications 5.27 Consideration of comments received. St. Lawrence Seaway Development 5.29 Additional rule-making proceedings. C o m m is s io n ,1 Corporation. 5.31 Hearings. [seal] B e n F . W a p l e , The new part provides for general 5.33 Adoption of final rules. Secretary. notices of proposed rule making, to be Au t h o r it y : The provisions of this Part 5 1. In Part 0 of Chapter 1 of Title 47 of published in the F ederal R egister, ex­ issued under sec. 9, 80 Stat. 944; 49 U.S.C. the Code of Federal Regulations, § 0.281 cept in cases where the Secretary finds 1657. is amended by adding the following: that notice is impractical, unnecessary, Subpart A— General § 0.281 Authority delegated. or contrary to the public interest, and except for interpretive rules, general § 5.1 Applicability. ***** statements of policy, and rules relating (dd) To accept and grant reinstate­ to Departmental organization, proce­ (a) This part prescribes general rule- ment applications beyond the 30-day pe- dure, or practices. The authority to con­ making procedures that apply to the is­ no.d in § 1.534(b) of this chapter. duct rule-making proceedings and to is­ sue, amendment, and repeal of rules of To grant temporary operation by sue final rules may be delegated to any the Secretary of Transportation. It does „.I?1 0 control pending receipt and con- Assistant Secretary or the General not apply to rules issued by the National sideration of a formal application. Counsel. Transportation Safety T3oard, U.S. Coast T„° waive the provisions of the The new Part also provides for the Guard, Federal Aviation Administration, £?? to *1 1-571 and 73.37 of this chap- consideration of petitions for rule mak­ Federal Highway Administration, Fed­ the extent necessary to accept and ing, petitions for exemption from eral Railroad Administration, or St. . an application by an existing adopted rules, and .petitions for exten­ Lawrence Seaway Development Corpora­ standard broadcast facility for change of sion of time to comment on notices of tion. rpm1±Tt antenna efficiency, which would proposed rule making. (b) For the purposes of this part, first „5 new or increased co-channel or Sections 556 and 557 of Title 5, “Secretary” means the Secretary of fonL ? w ent channel overlap, if it is United States Code (formerly sections Transportation or the Under Secretary exkts ihi g00d cause for the change 7 and 8 of the Administrative Procedure of Transportation, or any of the follow­ ing to whom the Secretary has delegated of 9 sVch overlaP is not in excess Act) do not apply to rule making under the new Part. Therefore, hearings are authority to conduct rule-making pro­ Penetratfona °ng line °f maximum not a required part of the rule-making ceedings: grant’. grant in part, or dis- procedure. However, hearings may be (1) Any Assistant Secretary. » as appropriate, informal applica- held as a supplementary fact-finding (2) The General Counsel. procedure, whenever it is considered Any of these officers may redelegate that absent!lmlSSi0ner8 ^ and Wadsworth necessary or desirable. Any hearing held authority to the head of any office who would be nonadversary, with no formal reports to him.

FEDERAL REGISTER, V O L 32, NO. 135— FRIDAY, JULY 14, 1967 10364 RULES AND REGULATIONS (c) Records relating to rule-makingsubject matter of that petition. No pub­ tend the time for petitioner’s comments. proceedings are available for inspection lic hearing, argument, or other proceed­ (b) The Secretary grants the peti­ as provided in Part 7 of this subtitle. ing is held directly oh a petition before tion only if the petitioner shows a sub­ its disposition under this section. stantive interest in the proposed rule § 5.3 Initiation o f rule m aking. (b) Grants. If the Secretary deter­ and good cause for the extension, and if The Secretary initiates rule making on mines that the petition contains adequate the extension is in the public interest. his own motion. However, in doing so, he justification, he initiates rule-making If an extension is granted, it is granted may, in his discretion, consider the rec­ action under Subpart C of this part or as to all persons and is published in the ommendations of other agencies of the grants the exemption, as the case may be. F ederal R e g is t e r . United States and of other interested (c) Denials. If the Secretary deter­ § 5.27 Consideration of comments re­ persons. mines that the petition does not justify initiating rule-making action or granting ceived. § 5.5 Participation by interested persons. the exemption, he denies /the petition. All timely comments are considered Any person may participate in rule­ (d) Notification. Whenever the Secre­ before final action is taken on a rule- making proceedings by submitting writ­ tary determines that a petition should be making proposal. Late filed comments ten information or views. The Secretary granted or denied, the office concerned may be considered so far as possible may also allow any person to participate and the Office of the General Counsel without incurring additional expense or in additional rule-making proceedings, prepare a notice of that grant or denial delay. such as informal appearances or hear­ for issuance to the petitioner, and the § 5.29 Additional rule-making proceed­ ings, held with respect to any rule. Secretary issues it to the petitioner. ings. § 5.7 Regulatory docket. Subpart C— Procedures The Secretary may initiate any fur­ ther rule-making proceedings that he (a) Records of the Office of the Sec­ § 5.21 General. retary of Transportation concerning finds necessary or desirable. For ex­ rule-making actions, including notices (a) Unless the Secretary finds, for ample, he may invite interested persons of proposed rule making, comments re­ good cause, that notice is impractical, to present oral arguments, participate in ceived in response to those notices, unnecesary, or contrary to the public conferences, appear at informal hear­ petitions for rule making or exemption, interest, a notice of proposed rule mak­ ings, or participate in any other proceed­ petitions for rehearing or reconsidera­ ing is issued and interested persons are ing. invited to participate in the rule-making tion, grants and denials of exemptions, § 5.31 Hearings. denials of petitions for rule making, and proceedings with respect to each sub­ final rules are maintained in current stantive rule. (a) Sections 556 and 557 of Title 5, decket form in the Office of the General (b) Unless the Secretary determines United States Code, do not apply to hear­ that notice and public rule-making pro­ ings held under this part. As a fact-find­ Counsel. ing proceeding, each hearing is non­ (b) Any person may examine any ceedings are necessary or desirable, in­ terpretive rules, general statements of adversary and there are no formal plead­ docketed material at that office and may policy, and rules relating to organization, ings or adverse parties. Any rule issued obtain a copy of any docketed material procedure, or practice are prescribed as in a case in which a hearing is held is upon payment of the prescribed fee. final without notice or other public rule- not necessarily based exclusively on the Subpart B— Petitions for Rule Making making proceedings. record of the hearing. (b) The Secretary designates a repre­ or Exemptions (c) In his discretion, the Secretary may invite interested persons to par­ sentative to conduct any hearing held § 5.11 F ilin g o f petitions. ticipate in the rule-making proceedings under this part. The General Counsel (a) Any person may petition the Sec­ described in § 5.29 of this subpart. designates a member of his staff to serve retary to issue, amend, or repeal a rule, § 5.23 Contents of notices. as legal officer at the hearing. or for a permanent or temporary § 5.33 Adoption of final rules. exemption from any rule. (a) Each notice of proposed rule mak­ ing is published in the F ederal R egister, Final rules are prepared by representa­ (b) Each petition filed under this sec­ unless all persons subject to it are named tives of the office concerned and the Of­ tion must— and are personally served with a copy fice of the General Counsel. The rule is (1) Be submitted in duplicate to the of it. then submitted to the Secretary for his Docket Clerk, Office of the General (b) Each notice, whether published in consideration. If the Secretary adopts Counsel, Department of Transportation, the F ederal R egister or personally the rule, it is published in th e F ederal Washington, D.C. 20590; served, includes— R e g is t e r , unless all persons subject to i (2) Set forth the text or substance of (1) A statement of the time, place, are named and are personally served the rule or amendment proposed, or of and nature of the proposed rule-making the rule from which the exemption is proceeding; with a copy of it. sought, or specify the rule that the peti­ (2) A reference to the authority under [F.R. Doc. 67-8124; Filed, July 13, 1967’ tioner seeks to have repealed, as the case which it is issued; 8:47 a.m.] may be; (3) A description of the subjects or (3) Explain the interest of the peti­ issues involved or the substance or terms tioner in the action requested including, of the proposed rule; in the case of a petition for an exemption, (4) A statement of the time within Title 13— BUSINESS CREDI! the nature and extent of the relief sought which written comments must be sub­ and a description of the persons to be mitted and the required number of AND ASSISTANCE covered by the exemption; copies; and Chapter I— Small Business (4) Contain any information and ar­ (5) A statement of how and to what Administration guments available to the petitioner to extent interested persons may partici­ pate in the proceeding. [Rev. 7, Amdt. 4] support the action sought; and (5) In the case of a petition for ex­ § 5.25 Petitions for extension of time to PART 121— SMALL BUSINES5 SIZE emption, unless good cause is shown in com m ent. STANDARDS that petition, be submitted at least 60 (a) Any person may petition the Secretary for an extension of time to lefinition of Small Business in Engi­ days before the proposed effective date neering and Architecture . , of the exemption. submit comments in response to a notice of proposed rule making. The petition for Purpose of Receiving Financial § 5 .1 3 P rocessing o f petitions. must be submitted in duplicate not later Assistance (a) General. Each petition received than 3 days before expiration of the On April 4, 1967, there was^ubhsW time stated in the notice. The filing of under §5.11 of this part is referred to ti the F ederal R eg iste r (32 xn- the hea,d of the office responsible for the the petition does not automatically ex­

FEDERAL REGISTER, VOL. 32, NO. 135— FRIDAY, JULY 14, 1967 RULES AND REGULATIONS 10365 a proposal to amend the Small Business in Department Order 5—A, or any person Sec. Size Standards Regulation by establish­ duly authorized to act for the Secretary 307.61 Procedure for obtaining adminis­ ing a new $2.5 million annual receipts of Commerce in his name or stead. trative expenses. financial assistance size standard for ***** 307.62 Terms and conditions. concerns primarily engaged in SIG In­ 3. Section 301.32 is revised to read: Subpart F— Technical Assistance dustry No. 8911, Engineering and archi­ 307.70 Authority and purpose. tectural services. § 301.32 Assistant Secretary. 307.71 Type and form of assistance. Interested persons were given an op­ (a) The Economic Development Ad­ 307.72 Procedure for obtaining technical portunity to present their comments or ministration is headed by the Assistant assistance. suggestions thereon within 30 days after 307.73 Limitations. ~ Secretary for Economic Development, 307.74 Repayment. publication of the proposal in the who directs the programs and is respon­ 307.75 Additional information. F ederal R e g ist e r . sible for the conduct of all activities of After consideration of information the Administration subject to the policies Subpart G— Coordination of Federal Cochairmen which SBA has obtained from Govern­ and directives prescribed by the Secre­ 307.80 Authority and purpose. ment data, and of all other information tary of Commerce. 807.81 Role of Federal Cochairmen. concerning the proposal, SBA has deter­ (b) He will assist the Secretary in the 307.82 Procedures for coordination. mined to establish a new $2.5 million general supervision and coordination of Subpart H— Advisory Committee annual receipts size standard for finan­ the Federal Cochairmen and in effecting 307.90 Purpose. cial assistance purposes only for con­ a resolution of policy questions between 307.91 Membership. cerns primarily engaged in rendering the Regional Commissions, their Federal 307.92 Meetings. engineering services. Cochairmen, the Federal Development Authority: The provisions of this Part Accordingly, the amendment set forth Committees, and other Federal agencies. 307 issued under sec. 701, 79 Stat. 570; 42 below is hereby adopted. § 301.35 [Amended] U.S.C. 3211. Part 121 of Chapter I of Title 13 of the Code of Federal Regulations is hereby 4. The last phrase of the second sen­ Subpart A— Economic Development amended by adding new subparagraph tence of § 301.35, which reads: “provides Regions the principal point of liaison with and (10) to § 121.3-10(d) thereof to read as § 307.1 Authority. follows: support to the Federal Cochairmen and regional commissions.” is revised to read: The Secretary is authorized by section § 121.3—10 Definition of small business “provides a principal point of liaison 501 of the Act to designate multistate for SBA loans. with and support to the Federal Cochair­ economic development regions, with the * * * * * men and regional commissions.”. concurrence of the States in which such regions will be wholly or partially lo­ (d) Services. * * * Dated: July 6,1967. (10) As small if it Is primarily en­ cated, if he finds that the areas within gaged in rendering engineering services A . B . T r o w b r id g e , such regions are related geographically, and its annual receipts do not exceed Secretary of Commerce. culturally, historically, and economically, $2.5 million. [F.R. Doc. 67-8028; Filed, July 13, 1967; and that the region has lagged behind 8:45 a.m.] the whole Nation in economic develop­ Effective date: This amendment shall ment. become effective on publication in the Federal R e g ist e r . § 307.2 Purpose of designation. Dated: June 12, 1967. PART 307— REGIONAL ACTION Economic development regions are des­ PLANNING COMMISSIONS ignated in order to give the partici­ R. C. Moot, pating States, through the formulation of Acting Administrator. Part 307 of Chapter m of Title 13 is a common economic development pro­ completely revised to place general su­ [F.R. Doc. 67-8110; Filed, July 13, 1967; gram, the advantages of joint and co­ 8:46 a.m.] pervision of the Federal Cochairmen di­ ordinated action on economic problems rectly with the Secretary and to make the extending beyond the boundaries of a regulations conform more closely with single State, and of more effective utili­ statutory language. As revised Part 307 Chapter III— Economic Development zation of the various existing State and reads as follows: Federal programs to implement the re­ Administration, Department of Subpart A— Economic Development Regions gional overall economic development Commerce Sec. program. PART 301— ESTABLISHMENT AND 307.1 Authority. § 307.3 Criteria for designation. 307.2 Purpose of designation. ORGANIZATION 307.3 Criteria for designation. In order to establish an economic de­ 307.4 Documentation required for des- velopment region under the Act, the Sec­ of ChaPter HI, Title 13 of th< retary of Commerce must find that: a, n ? Pederal Regulations is amende« . ignation. as follows: (a) There is a relationship between Subpart B— Modification of Regional Boundaries the areas within such region geograph­ revkpHh+ “Authority” statement i revised to read: 307.20 Authority and purpose. ically, culturally, historically, and eco­ 307.21 Documentation required for modifi­ nomically. cation. 3ofS f,^ ITY:^The provislons of this Par (b) With the exception of Alaska and 17 fiTÄ “ secs‘ 214> 302. 701; 79 Stat Subpart C— Regional Commission Hawaii, the region is within contiguous USC9’ SI?; 40_ U SC - APP- A 214, 302; 4: States, and am„'' J211, Department Order 5- A. a 307.30 Establishment. 307.31 Membership. (c) Upon consideration of the follow­ Number is s 1 P R - *6728- 16729 V olum e 32 ing matters, among others, the region noted ’ Ju ly 44, I®®7, u n less otherw isi 307.32 Voting. 307.33 Initial meeting. has lagged behind the whole Nation in 307.34 Program development (criteria. economic development for the following toLPAra?r?fh (u) of § 301.2 is revis 307.35 Reports. reasons: 10 read as follows: 307.36 Powers and duties generally. (1) The rate of unemployment is sub­ § 301.2 Definitions. 307.37 Hearings. 307.38 Records. stantially above the national rate, ***** (2) The median level of family Income Subpart D— Review of Commission Proposals is significantly below the national in J

FEDERAL REGISTER, VOL. 32, NO. 135— FRIDAY, JULY 14, 1967 10366 RULES AND REGULATIONS or two industries which are in a state for which action by the regional com­ area determined by the State to have a of long-term decline, mission is needed; significant potential for growth; (5) The rate of outmigration of cap­ (f) A comparison of the economic ties (2) The population and area to be ital or labor or both is substantial, of the additional territory to the des­ served by the project or class of projects ignated region as opposed to its economic including the relative per capita income (6) The area is adversely affected by ties to areas outside the designated and unemployment rates in the area; changing industrial technology, region; (3) The relative financial resources (7) The area is adversely affected by (g) The written concurrence of the available to the State or political sub­ changes in national defense facilities or Governor of the State or States whose division or instrumentalities thereof production, and territory would be affected by the ex­ which seek to undertake the projects; (8) Indices of regional production in­ pansion of the region. (4) The importance of the project or dicate a growth rate substantially below Subpart C— Regional Commission class of projects in relation to other proj­ the national average. ects or classes of projects which may be § 307.4 Documentation required for des­ § 307.30 Establishment. in competition for the same funds; ignation. The Secretary, in accordance with (5) The prospects that the project, oh section 502 of the Act, shall invite and a continuing basis, will improve the op­ As a basis for designation, the Secre­ portunities for additional employment, tary may request, over the signature of encourage the States wholly or partially located in a designated economic de­ raise the average level of income, or the respective Governors, a formal docu­ otherwise foster the economic and social ment requesting designation. This docu­ velopment region to establish a multi­ state regional commission. development of the area served by the ment should contain the following ele­ projects. ments; . j. § 307.31 Membership. (a) Compilation of data and statistics (b) In order to assist the Federal Co- about the region which demonstrate t,hat (a) Membership on a regional com­ chairmen in carrying out their responsi­ the region meets the statutory criteria mission consists of one Federal member, bilities under this section, the Secretary under section 501 of the Act, hereinafter referred to as the “Federal may from time to time issue program (b) An outline and discussion of the Cochairman,” and one member from planning guidelines for their use and major general and specific region wide each State participating in the region. convenience. problems, which need to be -resolved on (b) The Federal Cochairman is ap­ § 307.35 Reports. pointed by the President, by and with a regional basis, m accordance with section 509 of the (c) An analysis which demonstrates the advice and consent of the Senate, and may have an alternate who is sim­ Act, each regional commission makes a why a regionwide approach would be comprehensive and detailed annual re­ more effective in solving these problems ilarly appointed. The State member may be the Governor, his designee, or such port each fiscal year to the Congress than a state-by-State approach, and with respect to the commission’s activi­ (d) A list of regionwide programs that other person as may be provided by the law of the State which he represents. ties and recommendations for programs. might appropriately be undertaken in Before the Federal Cochairman ap­ an effort to overcome these problems. Each State member may have an alter­ nate, appointed by the Governor or as proves the report he shall consult with Subpart B— Modification of Regional may otherwise be provided by law. the Secretary, who will insure coordina­ Boundaries tion of any proposals made in the report § 307.32 Voting. with the proposals of the several other § 307.20 Authority and purpose. (a) Decisions by a regional commis­ commissions and those of the interested Section 503(a) (1) of the Act directs sion require the affirmative vote of the Federal departments and agencies. each regional action planning commis­ Federal Cochairman and of a majority, § 307.36 Powers and duties generally. sion established pursuant to the Act to or at least one if only one of two, of the “advise and assist the Secretary in the State members. The regional commission is authorized identification of optimum boundaries (b) An alternate shall vote in the by section 506 of the Act to: for multistate economic development re­ event of the absence, death, disability, (a) Adopt, amend, and repeal bylaws, gions.” The purpose of this subpart is to removal, or resignation of the State rules, and regulations governing the set forth the principles and procedures member or Federal Cochairman. conduct of its business and the perform­ ance of its functions; by which the Secretary will consider and § 307.33 Initial meeting. act upon proposed boundary adjustments (b) Appoint and fix the compensation recommended by the commissions. The Federal Cochairman, after ap­ of an executive director and such other pointment by the President and confir­ personnel as may be necessary to enable 307.21 Documentation required for mation by the Senate, is authorized to modification. the commission to carry out its func­ call the initial organizational meeting tions, except 'that such compensation The recommendations of a regional of the regional commission, at which shall not exceed the salary of the alter­ commission for modifications in existing time, among other things, the State nate to the Federal Cochairman on the regional boundaries should be accom­ members may elect a State Cochairman, commission and no member, alternate, panied by sufficient documentation to and the commission may declare its es­ officer, or employee of such commission, justify the proposed changes, including: tablishment, adopt a charter listing its other than the Federal Cochairman on (a) A statistical analysis of the ex­ functions, and adopt resolutions govern­ the commission and his staff and his panded territory in terms of the criteria ing the internal administration of the alternate, and Federal employees de­ in § 307.3 of the regulations of this part; commission. tailed to the commission under para­ (b) Where appropriate, additional sta­ § 307.34 Program development criteria. graph (c) of this section, shall De tistics and analyses evidencing inad­ deemed a Federal employee for any (a) The Secretary, in accordance with equate or retarded economic develop­ purpose; , , ment; the provisions of section 504 of the Act, through the Federal Cochairman, shall (c) Request the head of any Federal (c) A statistic profile of the expanded department or agency (who is so au­ territory in terms of population, employ­ encourage each regional commission in its development of recommendations for thorized by section 506(3) of the Act ment and income; to detail to temporary duty with tn (d) Information concerning the eco­ programs and projects for future region­ commission such personnel ^ t “11* nomic, cultural, historic, or geographic al economic development, and in the administrative jurisdiction as the co relationship with the areas already situ­ establishment of priority ranking for ated within the designated economic such programs and projects, to follow mission may need for carrying o development region; procedures that will insure consideration functions, each such detail to , vee (e) A description of the specific eco­ of the following factors: loss of seniority, pay, or other employ (1) The relationship of the project or Std/tUS f . - j? nomic development problems which açe (d) Arrange for the services of V* common to the designated region and to class of projects to overall regional de­ the proposed additional territory, and velopment including its location in an spnnel from any State or local g

FEDERAL REGISTER, VOL. 32, NO. 135— FRIDAY, JULY 14, 1967 RULES AND REGULATIONS 10367 ment or any subdivision or agency Subpart D— Review of Commission vestment should be concentrated or thereof, or any intergovernmental Proposals dispersed, and what kinds of public in­ agency; vestments are the most critical for (e) Make arrangements, including § 307.50 Authority and purpose. achieving a higher rate of economic contracts, with any participating State Section 503(b) of the Act requires the growth. government for inclusion in a suitable Secretary to “present such plans and (h) Review of existing program ade­ retirement and employee benefit sys­ proposals of the Commissions as may be quacy. The regional plan should include tem of such of its personnel as may not transmitted and recommended to him a review and analysis of the extent to be eligible for, or continue in, another (but are not authorized by any other which existing Federal, State, and local governmental retirement or employee section of the Act) first for review by programs are adequate to support the benefit system, or otherwise provide for the Federal agencies primarily interested commission’s goals and strategies. It such coverage of its personnel, and the should identify the major gaps, modifi­ Civil Service Commission of the United in such plans and proposals and then, cations, or supplements to existing pro­ States is authorized to contract with together with the recommendations of grams which will help carry out the such commission for continued coverage such agencies, to the President for such commission’s development strategy. of commission employees, who at date action as he may deem desirable.” The (i) Criteria for project identification. of commission employment are Federal Secretary, in cooperation with the Fed­ The regional plan should include an employees, in the retirement program eral Cochairmen, will determine appro­ analysis of the classes of projects which and other employee benefit programs of priate procedures for obtaining review are consistent with the commission’s the Federal Government ; goals and programs and an identifica­ (f) Accept, use, and dispose of gifts of commission proposals by interested tion on a regionwide basis of the loca­ or donations of services or property, departments and agencies. tions and types of projects necessary to real, personal, or mixed, tangible or carry out the regional plan for eco­ intangible; § 307.51 Comprehensive planning. nomic development. (g) Enter into and perform such con­ Commission plans and proposals nor­ § 307.52 Review standards. tracts, leases, cooperative agreements, mally should be supported by” regional or other transactions as may be neces­ programs which have been endorsed by In reviewing the commission’s re­ sary in carrying out its functions and on the commissions which, when fully de­ gional plans and proposals prior to such terms as it may deem appropriate, veloped, will ordinarily include the fol­ making recommendations to the Presi­ with any department, agency, or instru­ lowing elements: dent, the Secretary will consider the mentality of the United States or with (a) Review of prior studies. The re­ following factors: any State, or any political subdivision, gional plan should include a review of (a) Consistency with national eco­ agency, or instrumentality thereof, or prior studies concerning the region’s nomic trends. The projections of eco­ with any person, firm, association, or economy, together with an indication of nomic activity contained in the plans corporation; the relevance of such studies to the re­ will be compared with trends in the na­ (h) Maintain an office in the District gion’s current problems. tional economy. Such projections of of Columbia and establish field offices (b) Framework for analysis. The re­ regional growth should be reasonably at such other places as it may deem gional plan should include an estimate consistent with the projections of na­ appropriate; and of the gaps in research and data needed tional growth and other projections of (i) Take such other actions and incur to conduct effective development plan­ regional growth, particularly when the such other expenses as may be neces­ ning. regional projections depend for their sary or appropriate. (c) Review of the regional economy. success upon growing regional exports The regional plan should include projec­ to national markets. § 307.37 Hearings. tions of population and labor force and (b) Interregional consistency. Re­ In accordance with section 507 of the employment by key industrial sectors, gional plans developed by the commis­ Act, each regional commission may: and an inventory of natural resources. sions should be reasonably consistent (a) Hold such hearings, sit and act It should analyze the present capability with each other, taking into account the as such times and places, take such testi­ of the infrastructure to support economic differing needs and objectives of the mony, receive such evidence, and print growth. It should identify the major various regions. or otherwise reproduce and distribute growth centers within the region which (c) Transference of employment. The are capable of long-term economic regional plans should not provide for so much of its proceedings and reports growth. nor encourage the pirating of industry thereon as it may deem advisable; a (d) Review of conditions inhibiting into the region from other parts of the Cochairman of such commission, or any growth. The regional plan should include Nation. member designated by the commission a review of the major faetors which (d) National benefits. The regional for the purpose, is authorized by the have caused the region to lag behind the plans should attempt to provide reason­ Act to administer oaths when it is deter­ Nation as a whole in economic develop­ able assurance that economic growth ment. within the region can be sustained with mined by the commission that testimony (e) Review of major plans and pend­ a minimum amount of subsidization; shall be taken or evidence received by ing decisions. The regional plan should and that the identifiable benefits from oath, and include a review of public and available the proposed regional program bear a (b) Arrange for the head of any Fed­ private plans for capital expansion and reasonable relationship to the estimated eral, State or local department or agency investment, and should relate these other Federal investment. public and private plans to the com­ who is authorized by the Act, and to the mission’s regional plan. Subpart E— Administrative Grants extent not otherwise prohibited by law, (f) Establishment of regional goals. § 307.60 Authority and purpose. furnish to the commission such in­ The regional plan should include an ex­ formation as may be available to or plicit statement of the region’s economic (a) The Secretary is authorized by Procurable by such department or goals, such as reducing unemployment, section 505(b) of the Act to review and raising personal income, raising educa­ approve the administrative expenses of tional levels, and so forth. “each regional commission, and to pay § 307.38 Records. (g) Determination of a development such expenses as he approves from The Act requires each regional strategy. The regional plan should set Federal funds appropriated for such purposes. For the period ending June 30 mission to keep complete records forth an explicit strategy for achieving of the second full fiscal year following transactions, which shall be made i the region’s specified development goals. ble for public inspection. This strategy should included an anal­ the date of establishment of a commis­ ysis of the extent to which public in­ sion, the entire administrative expenses

FEDERAL REGISTER, VOL. 32, NO. 135— FRIDAY, JULY 14, 1967 10368 RULES AND REGULATIONS of the commission as approved by the provided by the standard travel regula­ penditure of Federal funds that will fa­ Secretary shall be paid by the Federal tions of the Federal Government; cilitate an effective audit. Government. Thereafter, not to exceed (5) The commission should limit both Subpart F— Technical Assistance 50 per centum of such expenses may be the number of its employees and the paid by the Federal Government. funds spent therefor to the number and § 307.70 Authority and purpose. Ob) The purpose of this subpart is to amounts set forth in its application as The Secretary is authorized by section outline the procedures by which such ad­ approved by the Secretary, except that 505(a) of the Act to provide technical ministrative expenses will be paid by the this limitation does not apply to addi­ assistance which would be useful in aid­ Federal Government. tional employees not in any way com­ ing the commissions to carry out their pensated from funds made available un­ § 307.61 Procedure for obtaining admin­ functions under the Act and to develop der the Federal administrative expense recommendations and programs. istrative expenses. grant; (a) As a condition to receiving ad­ (6) The commission must agree to § 307.71 Type and form of assistance. ministrative expense funds from the comply with the Civil Rights Act of (a) Technical assistance may be un­ Federal Government, each commission 1964 and, as a condition to the entitle­ dertaken by the Secretary either (1) on shall submit a proposed budget to the ment to any Federal funds, execute a his own initiative with respect to the re­ Secretary in such form as he may pre­ document of assurance as required by gions generally or with respect to an ex­ scribe. The proposed commission budget regulations of the Department of Com­ isting or proposed region for which a should itemize each category of expendi­ merce (Part 8 of Subtitle A, Title 15, commission has not yet formed, or (2) ture and contain a proposed work state­ Code of Federal Regulations) ; upon the request of any regional com­ ment indicating the work program and (7) Technical information resulting mission. It may include studies and plans schedule of activities for the commission from the commission’s activities should evaluating the needs of, and developing during the period for which funds are be freely made available to the general potentialities for, the economic growth requested. public; of such region, and research on improv­ (b) Such administrative expense funds (8) The commission must agree to as­ ing the conservation of human and nat­ as are approved by the Secretary shall sign any patents resulting from inven­ ural resources of the region. be made available on a quarterly basis. tions developed through Federal funds . (b) Technical assistance may be pro­ Approved funds will be deposited into a to the Federal Government; vided through: special trust account established by the (9) The commission must agree to (1) Members of the staff of the De­ U.S. Treasury for the exclusive use of the assign any copyrights for material pro­ partment of Commerce; regional commissions. Expenditures from duced through Federal funds to the Fed­ (2) The payment of funds to other de­ such trust funds shall be made only upon eral Government, and to obtain neces­ partments or agencies of the Federal the proper certification of a duly au­ sary permissions to use materials Government; thorized officer of the commission, ex­ copyrighted by others; _ (3) The employment of private indi­ cept that expenditures from funds (10) Such othèr térms and conditions viduals, partnerships, firms, corpora­ reserved for payment to the Department as may be imposed in the Offer of Grant tions, or suitable institutions, under con­ of Commerce for the provision of admin­ Assistance. tracts entered into for such purposes. istrative support to the commissions may (b) In appropriate circumstances, and (4) Grants in aid to the commissions. be certified by the Secretary or his after due notice and adequate oppor­ § 307.72 Procedure for obtaining tech­ designee. tunity for hearing, the Secretary may nical assistance. § 307.62 Terms and conditions. suspend the financial assistance ap­ (a) In requesting technical assistance, proved under this subpart upon a formal each commission should submit an over­ (a) Approval of administrative ex­ finding that the commission is in viola­ pense grants are normally subject to the all program for such research and tech­ tion of the terms of the grant offer or the nical assistance for the 12-month period following terms and conditions: provisions of these regulations. (1) Federal grant assistance may be following the first commission request. (c) No part of the Federal grant funds This overall program should take into used only in the performance of the ac­ shall be used, either directly or indi­ tivities and work program outlined in the account existing studies and sources of rectly, to assist, solicit, pr encourage the information and identify the informa­ commission’s budget request as approved relocating of any establishment from one by the Secretary ; tion needed to further the commission’s area to another or to assist, solicit, or planning activities. (2) The procurement of supplies, encourage the transfer of contract or (b) Each commission proposal for re­ materials, equipment, furniture, and subcontract work which would result in search and for technical assistance services shall be in compliance with the a transfer of jobs causing unemployment should be related to its overall program standard procurement procedures estab­ at the location where such work was of research and technical assistance. lished by the commission, except that previously performed, or to pay any part (c) Proposals for research and tech­ such procurement should be channeled, of the compensation or expense of em­ nical assistance may be submitted to the to the maximum extent deemed prac­ ployees who may at any time engage in Secretary or his designee who will assist ticable by the commission, through the such activities for which such funds may the commissions in determining whether established procurement channels of not be used. similar research is underway or results the Department of Commerce; the De­ (d) The commission shall keep such otherwise already available. On request partment may act as agent for the com­ records as will fully disclose the amount the Secretary or his designee will pro­ mission pursuant to a properly executed and disposition of the total budgeted vide technical advice on the scope ana delegation of authority; funds, the purpose of undertaking for objective of the proposed study to the (3) The rate of compensation for posi­ which such funds were used, the amount commission. . tions paid from grant funds should be and nature of all contributions from (d) At the request of the commissions generally comparable to the rate paid other sources, and such other records as the Secretary will arrange for the pro­ by the Federal Government for similar may be necessary. Commission records curement of such research and technic positions, and commission employees who pertaining to the expenditures of Federal assistance. occupy such positions should generally funds should be preserved for a period of meet the comparable Federal experience not less than three (3) years following § 307.73 Limitations. and educational requirements for similar disbursement of funds. Technical assistance funds may not be positions; (e) The Secretary of Commerce and used to cover the cost of work alre (4) Reimbursement for travel costs, the Comptroller General of the United performed or of services alrea y including transportation, food and States or their duly authorized repre­ provided. lodging incurred by personnel in per­ sentatives shall have access for the formance of their official duties while purpose of audit and examination to any § 307.74 Repayment. away from their regular place of duty, books, documents, papers, and records The Secretary may in his discretion should be generally comparable to that of the commission pertaining to the ex- require the repayment of technica

REGISTER, VOL. 32, NO. 135— FRIDAY, JULY [, 1967 RULES AND REGULATIONS 10369 sistance and prescribe the terms and con­ forth in the Act and in the President’s (d) Ascertain, in consultation with ditions of such repayment. letter of June 17, 1966, are effectively the Secretary, Federal policy regarding carried out. major matters to come before the § 307.75 Additional information. commission. The Secretary jnay require such ad­ § 307.81 Role of Federal Cochairmen. ditional information and evidence sup­ Federal Cochairmen appointed by the Subpart H— Advisory Committee plemental to the request for technical President to regional action planning § 307.90 Purpose. assistance as he deems appropriate. commissions represent Federal policies and interests on the commission. In In accordance with section 602 of the Subpart G—-Coordination of Federal carrying out this responsibility, Federal Act, the Secretary shall appoint a Na­ Cochairmen Cochairmen will actively present to the tional Public Advisory Committee on Regional Economic Development to ad­ § 307.80 Authority and purpose. commissions the policies and viewpoints of the executive branch. vise him relative to the carrying out of (a) The Secretary of Commerce is his duties under the Act. § 307.82 Procedures for coordination. authorized by section 601 ta) of the Act § 307.91 Membership. to “coordinate the Federal Cochairmen In carrying out their assigned respon­ appointed heretofore or subsequent to sibilities, the Federal Cochairmen shall The Advisory Committee shall consist this Act.” The President, by letter dated maintain a close working relationship of 25 members and shall be composed of June 17, 1966, asked the Secretary of with the Secretary and, under his guid­ representatives of labor, management, Commerce to “assume the general ance, shall maintain continuous liaison agriculture, State and local government, supervision of the Federal Cochairmen, with the departments and agencies of and the public in general. From the mem­ and otherwise take the lead within the the Federal Government. Federal Government in providing a bers appointed to such Committee, the means for all Federal agencies concerned Pursuant to this responsibility, each Secretary shall designate a Chairman. to present their views and exchange Federal Cochairman shall: § 307.92 Meetings. information as a basis for the develop­ (a) Send minutes of all commission ment of such policies.” The President meetings to the Secretary; The Advisory Committee shall hold also has directed each of the Federal (b) Provide a written monthly report not less than two meetings during each Cochairmen to seek the guidance of the to the Secretary, setting forth the major calendar year and otherwise at the call Secretary and that of the Department policy issues expected to arise in the of the Chairman. of Commerce with respect to each pro­ course of the program and to be consid­ posal coming before their respective Dated: July 6, 1967.. ered by the regional commission; commissions. Alexander B. Trowbridge, (b) The purpose of this subpart is to (c) Keep the Secretary advised of Secretary of Commerce. outline a procedure for insuring that the matters affecting the Federal interest in -fF.Rr Doc. 67-8029; Filed, July 13, 1967; requirements of policy coordination set an important or novel way; 8:45 a.m.J

No. 135—Pt. I----5 FEDERAL REGISTER, VOL. 32, NO. 135— FRIDAY, JULY 14, 1967 10370

Proposed Rule Making

for the spouse of such a student to ac­ Service upon and action by attorney or DEPARTMENT OF JUSTICE cept employment in the United States, representative of record is amended to the spouse must obtain a labor certifica­ read as follows: “Except where other­ Immigration and Naturalization tion notwithstanding the provisions of wise specifically provided in this chap­ Service subparagraph (2) of this paragraph.” ter, whenever a notice, decision, or other [ 8 CFR Parts 211,212, 214, 241,2921 In Part 214—Nonimmigrant Classes, paper is required to be given or served, it the sixth sentence of paragraph (b) Sup­ shall be done by personal service or by IMMIGRATION REGULATIONS porting documents of § 214.3 Petitions first class, certified, or registered mail for approval of schools is amended to upon the attorney or representative of Notice of Proposed Rule Making read as follows: “Except in connection record or upon the person himself if un­ represented.” Pursuant to section 553 of Title 5 of with a petition submitted by a school or school system owned and operated as a (Sec. 103, 66 Stat. 173; 8 U.S.C. 1103) the United States Code (P.L. 89-554, 80 public educational institution or system Stat. 383), notice is hereby given of the by the United States or a State or politi­ Dated: July 10,1967. proposed issuance of the following rules cal subdivision thereof, or by a school R aymond F. Farrell, pertaining to miscellaneous amendments listed in the current U.S. Office of Edu­ to Parts 211, 212,^214, 241, and 292. The Commissioner of cation publication, ‘Accredited Higher Immigration and Naturalization. amendment to § 211.1(b)(1) confers Institutions’ or ‘Education Directory, benefits upon persons affected thereby; [P.R. Doc. 67-8105; Piled, July 13, 1967; Part 3, Higher Education,’ or by a sec­ 8:45 a.m.] the amendment to § 212.8(b) (5) is ondary school operated by or as part of clarifying in nature; the amendment to a school so listed, a school catalogue, if § 214.3(b) relieves restrictions; and the one is issued, shall also be submitted with amendments to § 241.1 and § 292.5(a) each petition.” relate to agency procedure. In accord­ DEPARTMENT OF ance with section 553, interested per­ In Part 241—Judicial Recommenda­ sons may submit to the Commissioner of tions Against Deportation, § 241.1 is TRANSPORTATION Immigration and Naturalization, Room amended to read as follows : Federal Aviation Administration 757, 119 D Street NE., Washington, D.C. § 241.1 Notice; recommendation. 20536, written data, views, or arguments [1 4 CFR Part 391 relative to these proposed rules. Such For the purposes of clause 2 of section representations may not be presented 241(b) of the Act, notice to the district [Docket No. 8278] orally in any manner. All relevant mate­ director having administrative jurisdic­ AIRWORTHINESS DIRECTIVES rial received within 20 days following the tion over the place in which the court day of publication of this notice will be imposing sentence is located shall be re­ Avions Marcel Dassault Fan Jet considered. garded as notice to the Service. The no­ tice shall be transmitted to the district Falcon Airplanes, Serial Nos. 1 In Part 211—Documentary Require­ Through 94 ments: Immigrants; Waivers, the third director by the court, a court official, or sentence of subparagraph (1) Form by counsel for the prosecution or the de­ The Federal Aviation Administration 1-151, Alien Registration receipt card of fense, at least 5 days prior to thè court is considering amending Part 39 of the paragraph (b) Aliens returning to an hearing on whether a recommendation Federal Aviation Regulations by adding unrelinquished lawful permanent resi­ against deportation shall be made. If less an airworthiness directive applicable to dence of § 211.1 Visas is amended to than 5 days’ notice is received and suffi­ Avions Marcel Dassault Fan Jet Falcon read as follows: “An alien regularly cient time remains to prepare proper airplanes, Serial Nos. 1 through 94. There serving as a crewman in any capac­ representations, due notice shall be re­ have been inflight failures of the pres­ ity required for normal operations garded as having oeen made. When less surization control microswitch installa­ and services aboard an aircraft or vessel than 5 days’ notice is received and suffi­ tion which have caused jamming of the of American registry who is returning cient time is not available to prepare engine power levers in a low-power to an unrelinquished lawful permanent proper representations, but the 30-day range. Since this condition is likely to residence in the United States after a statutory period will expire before proper exist or develop in other airplanes of the temporary absence abroad not exceeding representations can be prepared, an ob­ same type, the proposed airworthiness one year may, in lieu of an immigrant jection shall be interposed to the recom­ directive would require the modification visa, present Form 1-151 duly issued to mendation against deportation on the of the type MF 2006 pressurization con­ him, notwithstanding travel to, in, or ground that due notice was not received. trol microswitch installation by the addi­ through any of the restricted places If the ■ notice is received after the tion of a support, P/N MY.20.240.3801, named in this subparagraph pursuant to running of the 30-day statutory period, it and a leaf spring, P/N MY 20.240.3802, in his employment as a crewman.” shall be regarded as an invalid notice accordance with Avions Marcel Dassault In Part 212—Documentary Require­ and whatever Service proceedings are Service Bulletin No. 211 (76-4). ments: Nonimmigrants; Waivers; Ad­ warranted shall be instituted irrespective Interested persons are invited to par­ mission of Certain Inadmissible Aliens; of the recommendation against deporta­ ticipate in the making of the proposed Parole, subparagraph (5) of paragraph tion. The district director, or an official rule by submitting such written data, (b) Aliens not required to obtain labor acting for him, in presenting representa­ views, or arguments as they may desire. certifications of § 212.8 Certification re­ tions to the court, shall advise the court Communications should identify the quirement of section 212(a) (.14) is the effect a favorable recommendation docket number and be submitted in du­ amended to read as follows: “(5) an would have upon the alien’s present and plicate to the Federal Aviation Adminis­ alien who establishes satisfactorily that prospective deportability. A recommen­ tration, Office of the General Counse, he has been accepted by an institution of dation against deportation by the sen­ Attention: Rules Docket, 800 Independ­ learning in the United States for a full tencing court made to the district direc­ ence Avenue SW., Washington, D. • course of study of at least two full con­ tor receiving the notice shall be regarded 20590. All communications received on or secutive academic years and that he has as made to the Attorney General. before August 14,1967, will be considéré sufficient financial resources to support In Part 292—Representation and Ap­ by the Administrator before taking himself and will not seek employment pearances, the last sentence of paragraph action upon the proposed rule. The pro­ during that period. If it will be necessary (a) Representative capacity of § 292.5 posals contained in this notice may

FEDERAL REGISTER, VOL. 32, NO. 135— FRIDAY, JULY 14, 1967 PROPOSED RULE MAKING 10371 changed in the light of comments re­ ence Avenue SW., Washington, D.C. (g) The repetitive inspections, required by ceived. All comments will be available, 20590. AU communications received on paragraphs (a), (b), and (c), may be dis­ both before and after the closing date for or before August 14, 1967, will be con­ continued after the incorporation of Dassault comments, in the Rules Docket for ex­ sidered by the Administrator before tak­ Modifications M1014A, M1014C, and M1057. amination by interested persons. ing action upon the proposed rule. The Issued in Washington, D.C., on July 6, This amendment is proposed under the proposals contained in this notice may 1967. authority of sections 313(a), 601, and be changed in the light of comments re­ Edward C. H odson, 603 of the Federal Aviation Act of 1958 ceived. All comments will be available, Acting Director, (49 U.S.C. 1354(a), 1421, and 1423). both before and after the closing date Flight Standards Service. In consideration of the foregoing, it is for comments, in the Rules Docket for [FJR. Doc. 67-8112; Filed, July 13, 1967; proposed to amend 5 39.13 of Part 39 of examination by interested persons. 8:46 ajn.] the Federal Aviation Regulations by add­ This amendment is proposed under the ing the following new airworthiness authority of sections 313(a), 601, and directive: 603 of the Federal Aviation Act of 1958 [ 14 CFR Part 39 1 Avions Marcel D assault. Applies to Fan (49 U.S.C. 1354(a), 1421, 1423). [Docket No. 7620] Jet Falcon airplanes, Serial Nos. 1 In consideration of the foregoing, it AIRWORTHINESS DIRECTIVES through. 94. is proposed to amend § 39.13 of Part 39 Compliance required within the next 200 of the Federal Aviation Regulations by British Aircraft Corp. Model BAC 1-11, hours’ time in service after the effective date adding the following new airworthiness 200 and 400 Series Airplanes of this AD, unless already accomplished. directive: To prevent jamming of the engine power Amendment 39-321 (31 F.R. 16125), lever, modify the type MF 2006 pressuriza­ Avions Marcel Dassault. Applies to Fan Jet AD 67-1-1, established service life limits tion control microswitch installation by the Falcon Airplanes Serial Nos. 1 through for flap carriage links P/N AB09 A943 on addition of a support P/N MY.20.240.3801, 89, except Serial Nos. 73, 78, 82, 85, and and a leaf spring, P/N MY.20.240.3802, in ac­ 87. British Aircraft Corp. Model BAC 1-11, cordance with Avions Marcel Dassault Serv­ Compliance required as indicated. 200 and 400 Series airplanes until such ice Bulletin No. 211 (76-4), revision 1, dated To detect and prevent corrosion of the links are replaced with modification PM April 4, 1967, or later SGAC-approved re­ wing to fuselage recesses and the wing to 2245 links P/N AB09 A3657. However, vision, or an equivalent approval by the fuselage attachment bolts, accomplish the service experience after the issuance of Chief, Aircraft Certification Staff, FAA, following, unless already accomplished: Amendment 39-321 indicates that it is Europe, Africa, and Middle East Region. (a) For all airplanes, within the next 200 necessary to establish service life limits Issued in Washington, D.C., on July hours’ time in service after the effective date for the post modification PM 2245 flap of this AD, and thereafter at intervals not links P/N AB09 A3657. Therefore, the 6,1967. to exceed 200 hours’ time in service from Edward C. H odson, the last inspection, visually inspect the re­ agency is considering superseding Acting Director, cesses of the wing fuselage junction for signs Amendment 39-321 with a new AD that Flight Standards Service. of corrosion, in accordance with Dassault establishes service life limits for both Service Bulletin No. 282 (57-14), dated April flap carriage links P/N AB09 A943 and [PR. Doc. 67-8111; Filed, July 13, 1967; 8:46 a.m.] 12, 1967, or later SGAC-approved or FAA- post modification PM 2245 flap links approved revision, or in accordance with an P/N AB09 A3657. FAA-approved equivalent. Interested persons are invited to par­ (b) For airplanes without Dassault Modi­ [ 14 CFR Part 39 ] ticipate in the making of the proposed fications M1014A and M1014C and with more rule by submitting such written data, [Docket No. 8277] than 400 hours’ time in service on the ef­ fective date of this AD, within the next 200 views, or arguments as they may desire. AIRWORTHINESS DIRECTIVES hours’ time in service after the effective date Communications should identify the of this AD, and thereafter at intervals not docket number and be submitted in Avions Marcel Dassault Fan Jet to exceed 600 hours’ time in service from duplicate, to the Federal Aviation Ad­ Falcon Airplanes, Serial Nos. 14 the last inspection, inspect the wing to fuse­ ministration, Office of the General Coun­ lage attachment bolts foirsigns of corrosion, sel, Attention: Rules Docket, 800 Inde­ Through 89, Except Serial Nos. in accordance with Dassault Service Bulletin 73, 78, 82, 85, and 87 pendence Avenue SW., Washington, No. 282 (57-14), dated April 12, 1967, or later D.C. 20590. All communications received The Federal Aviation Administration SGAC-approved or FAA-approved revision, or in accordance with an FAA-approved on or before August 14, 1967, will be is considering amending Part 39 of the equivalent. considered by the Administrator before Federal Aviation Regulations by adding (c) For airplanes without Dassault Modi­ taking action upon the proposed rule. an airworthiness directive applicable to fications M1014A and M1014C and with less The proposals contained in this notice Avions Marcel Dassault Fan Jet Falcon than 400 hours’ time in service on the effec­ may be changed in the light of comments airplanes, Serial Nos. 1 through 89, ex­ tive date of this AD, prior to the accumula­ received. All comments will be available, cept Serial Nos. 73, 78, 82, 85, and 87. tion of 600 hours’ time in service, and there­ both before and after the closing-date for Field inspections of these airplanes have after at intervals not to exceed 600 hours’ comments, in the Rules Docket for revealed numerous Incidents of wing to time in service from the last inspection, in­ examination by interested persons. fuselage recess and attachment bolt cor­ spect the wing to fuselage attachment bolts for signs corrosion in accordance with This amendment is proposed under rosion. Since this condition is likely to Dassault Service Bulletin No. 282 (57-14), the authority of sections 313(a), 601, exist or develop in other airplanes of the dated April 12, 1967, or later SGAC-approved and 603 of the Federal Aviation Act of same type, the proposed airworthiness or FAA-approved revision, or in accordance 1958 (49 U.S.C. 1354(a), 1421, and 1423). directive would require repetitive in­ with an FAA-approved equivalent. In consideration of the foregoing, it is spections of the recesses of the wing (d) If corrosion is found when conduct­ proposed to amend § 39.13 of Part 39 of fuselage junction and specified attach­ ing the inspections required by paragraphs the Federal Aviation Regulations by add­ ment bolts for corrosion and the incor­ (a), (b), or (c), within the next 200 hours’ ing the following new airworthiness poration of Dassault Modifications time in service, comply with paragraph (f). directive : M1014A, M1014C, and M1057 when cor­ (e) If no corrosion is found during the inspections required by paragraphs (a), (b), B r it is h Aircraft. Applies to Model BAC rosion is detected but in any event not or (c), incorporate the modifications specified 1-11, 200 and 400 Series airplanes. fater than December 31, 1968. in paragraph (f) prior to the accumulation Compliance required as indicated. Interested persons are invited to par- of 1,200 hours’ time in service from the effec­ To prevent fatigue failures of the flap car­ lcipate in the making of the proposed tive date of this AD, but in any event not riage links P/N AB09 A943 and post modifi­ ttue by submitting such written data, later than December 31, 1968. cation PM 2245 flap carriage links P/N AB09 lews, or arguments as they may desire, (f) Incorporate Dassault Modifications A3657, accomplish the following: communications should identify the M1014A, M1014C, and M1057, in accordance (a) For airplanes equipped with carriage with Dassault Service Bulletins No. 234, re­ links P/N AB09 A943, within the next 500 aocket number and be submitted in vision 1, dated April 12, 1967, and No. 259, landings after January 15, 1967, or before the aupncatc to the Federal Aviation Admin- dated April 12, 1967, or later SGAC-approved accumulation of the number of landings lAtratxon, Office of the General Counsel, or FAA-approved revisions, or an FAA-ap­ specified in Column 2 or Column 3, as ap­ Attention: Rules Docket, 800 Independ­ proved equivalent. plicable, for the respective flap numbers

FEDERAL REGISTER, VOL. 2 2 , NO. 135— FRIDAY, JULY 14, 1967 10372 PROPOSED RULE MAKING specified in Column 1, whichever occurs There have been instances of cracking (a) and (b), before further flight, replace later, and thereafter at intervals not to ex­ and crazing of fuel and oil pressure in­ with a new assembly. ceed the number of landings specified for dicator hoses due to heat deterioration (d) The repetitive inspections required that flap number and series of airplane, re­ resulting in fuel and oil leaks. Since this under (a) or (b) for the fuel hoses may be place carriage links P/N AB09 A943 with new discontinued following the incorporation of links of the same part number; or replace condition is likely to exist or develop in ARB-approved Rolls-Royce Modification 1455 with carriage links P/N AB09 A3657. If car­ other engines of the same type, the pro­ or 1467, or FAA-approved equivalent. riage links P/N AB09 A3657 are used as re­ posed airworthiness directive would re­ (e) The repetitive inspections required placements, they must be replaced in accord­ quire periodic inspection of specified fuel under (a) or (b) for the oil pressine in­ ance with the requirements of paragraph and oil hoses and the replacement of de­ dicator hoses may be discontinued following (b). fective hoses. The proposed AD also pro­ the incorporation of ARB-approved Rolls- vides that the inspections of the fuel Royce Modification 1453, or FAA-approved (Column 2) (Column 3) hoses may be discontinued after the in­ equivalent. (Column 1) Number of Number of Flap No. (link location) landings 200 landings 400 corporation of Rolls-Royce Modifications Issued in Washington, D.C., on July 7, series air­ series air­ 1455 or 1467 and that the inspections of 1967. planes planes the oil pressure hoses may be discon­ Edward C. Hodson, tinued after the incorporation of Rolls- Acting Director, 1...... 3,000 2,000 Royce Modification 1453. 2...... 12,000 8,000 Flight Standards Service. 3...... 24,000 16,000 Interested persons are invited to par­ [F.R. Doc. 67-8114; Filed, July 13, 1967; ticipate in the making of the proposed 8:46 a.m.] (b) For airplanes equipped with carriagerule by submitting such written data, links P/N ÂB09 A3657, within the next 300 views, or arguments as they may desire. landings after the effective date of this AD Communications should identify the [ 14 CFR Part 71 1 or before the accumulation of the number docket number and be submitted in [Airspace Docket No. 67-SW-48] of landings specified in column 2 or column duplicate to the Federal Aviation Admin­ 3, as applicable, for the respective flap num­ istration, Office of the General Counsel, CONTROL ZONE ber specified in column 1, whichever occurs later, and thereafter at intervals not to ex­ Attention: Rules Docket, 800 Independ­ Proposed Alteration ceed the number of landings specified for ence Avenue SW., Washington, D.C. that flap number and series of airplane, re­ 20590. All communications received on or The Federal Aviation Administration place carriage links P/N AB09 A3657 with before August 14,1967, will be considered is considering amending Part 71 of the new links of the same part number, or re­ by the Administrator before taking ac­ Federal Aviation Regulations which place with carriage links P/N AB09 A943. If tion upon the proposed rule. The pro­ would alter the Albuquerque, N. Mex., carriage links P/N AB09 A943 are .used as posal contained in this notice may be control zone. The northerly extension of replacements, they must be replaced in changed in the light of comments re­ the control zone would be increased from accordance w ith the requirements of ceived. All comments will be available, 5.5 to 7 miles so as to conform to revised paragraph (a). both before and after the closing date criteria applicable to control zone exten­ for comments, in the Rules Docket for sions. (Column 2) (Column 3) Interested persons may submit such (Column 1) Number of Number of examination by interested persons. Flap No. (link location) landings 200 landings 400 This amendment is proposed under the written data, views, or arguments as they series air­ series air­ may desire. Communications should be planes planes authority of sections 313(a), 601, and submitted in triplicate to the Chief, Air 603 of the Federal Aviation Act of 1958 Traffic Division, Southwest Region, 1...... 4,000 3,000 (49 U.S.C. 1354(a), 1421, and 1423). Federal Aviation Administration, Post 2...... 16,000 12,000 In consideration of the foregoing, it is 3...... J_ 32,000 24,000 Office Box 1689, Fort Worth, Tex. 76101. proposed to amend § 39.13 of Part 39 of All communications received within 45 the Federal Aviation Regulations by add­ (c) For the purpose of complying with this days after publication of this notice in ing the following new airworthiness di­ the F ederal R egister will be considered AD, subject to acceptance by the assigned rective : FAA maintenance inspector, the number of before action is taken on the proposed landings may be determined by dividing each R olls-R oyce. Applies to Dart Model 542-4 amendment. No public hearing is con­ airplane’s hours’ time in service by the op­ and 542-10 engines. templated at this time, but arrangements erator’s fleet average time from takeoff to Compliance required as indicated, unless for informal conferences with Federal landing for the airplane type. already accomplished. To prevent failure of Aviation Administration officials may be (British Aircraft Carp. (Operating), Ltd. fuel and oil hoses, accomplish the following; made by contacting the Chief, Air Traf­ (Weybridge Division), Alert Service Bulletin (a) For fuel hoses, P/N’s RU.21448, RK.- fic Division. Any data, views, or argu­ No. 27-A-PM 2245, Issue 2, pertains to this 38339A, RK.29902, RK.38340A, RU.21447, RK.- ments presented during such conferences subject.) 29900A, RK.38361, RU.21455A, RK.29901A, must also be submitted in writing in ac­ and oil pressure indicator hose P/N RU.- cordance with this notice in order to be­ This Supersedes Amendment 39-321, 21440A, with 700 or more hours total time in AD 67-1-1. come part of the record for considera­ service on the effective date of this AD, with­ tion. The proposal contained in this Issued in Washington, D.C., on July 6, in the next 100 hours’ time in service after the effective date of this AD and at intervals notice may be changed in the light of 1967. thereafter not to exceed 125 hours’ time in comments received. James P. R udolph, service from the last inspection, remove and The official Docket will be available for Acting Director, inspect for cracks and crazing in accordance examination by interested persons at the Flight Standards Service. with Rolls-Royce Alert Service Bulletin Office of the Regional Counsel, South­ [F.R. Doc. 67-8113; Filed, July 13, 1967; DA73-A49 or later ARB-approved issue, or west Region, Federal Aviation Adminis­ 8:46 a.m.] FAA-approved equivalent. tration, Fort Worth, Tex. An informal (b) For fuel hoses, P/N’s RU.21448, RK.l- Docket will also be available for examina­ 38339A, RK.29902, RK.38340A, RU.21447, RK.- 29900A, RK.38361, RU.21455A, RK.29901A, tion at the Office of the Chief, Air Traffic [ 14 CFR Part 39 1 •and oil pressure indicator hose P/N RU.- Division. [Docket No. 8279] 21440A, with less than 700 hours’ time in It is proposed that the Albuquerque, service on the effective date of this AD, be­ N. Mex., control zone, as described i AIRWORTHINESS DIRECTIVES fore the accumulation of 800 hours’ time in FAR, Part 71, § 71.171 (32 F.R. 2072) service and at intervals thereafter not to be amended to read: Dart Model 542—4 and 542—10 exceed 125 hours’ time in service from the Engines last inspection, remove and inspect for Albuquerque, N. Mex. cracks and crazing in accordance with Rolls- Within a 5-mile radius of Aibuquerque The Federal Aviation Administration Royce Alert Service Bulletin Da 73-A49 or nport Airport/Kirtland AFB .. is considering amending Part 39 of the later ARB-approved isSue7 or FAA-approved ’02'42" N., longitude 106°36'02 W.), Federal Aviation Regulations by adding equivalent. ,hin 2 miles each side of the extenaea an airworthiness directive applicable to (c) If cracking or crazing of the hose is iterline of Runway 35, extending from Dart Model 542-4 and 542-10 engines. detected during the inspections required by nile radius zone to 7 miles N of the N

FEDERAL REGISTER, VOL. 32, NO. 135— FRIDAY, JULY 14, 1967 PROPOSED RULE MAKING 10373 of Runway 35; within 2 miles each side of the be in addition to the present requirement extended centerline of Runway 17, extending Guide, and would require that a civil from the 5-mile radius zone to 5 miles S of applicable to construction or alteration airport must be available for public use the S end of Runway 17; and within 2 miles proposals near an airport that is either to come within the classes of airports to each side of the Albuquerque VORTAC 090° listed in the Airport Directory of the which this Part is applicable. radial, extending from the 5-mile radius zone current Airman’s Information Manual or Section 77.23 contains the standards to the VORTAC. is operated by a Federal military agency. for determining obstructions. In that This amendment is proposed under the Additionally, the proposed amendment section it is proposed to combine that authority of section 307(a) of the Fed­ specifies that the affected airport must portion of the standard contained in eral Aviation Act of 1958 (49 U.S.C. be available for public use. paragraph (a) (8) with the related in­ 1348). The runway lengths referred to in sub­ formation in paragraph (c). divisions (i) and (ii) of § 77.13(a) (2) are It is proposed to clarify the fact that Issued in Fort Worth, Tex., on July 6, the actual lengths of the runways and there are two ends to a primary surface 1967. should not be confused with corrected by changing the phrase “the end of the A. L. Coulter, runway lengths. The amendment would primary surface” to “each end of the Acting Director, Southwest Region. avoid possible confusion by using the primary surface” as it appears in para­ [P.R. Doe. 67-8115; Filed, July 13, 1967; term “actual length” in each instance. graph (b) and (c) of § 77.27. 8:46 a.m.] Paragraph (a) (3) of § 77.13 refers to It is proposed to amend § 77.39 to an interstate highway but does not define clarify the fact that a determination to this term. This proposal would limit this which § 77.39(d) is applicable may be [1 4 CFR Part 77 1 reference to highways designated as revised or extended under the provisions [Docket No. 8276; Notice No. 67-29] part of the National System of Military of § 77.37(b). This is in accordance with and Interstate Highways. These high­ the FAA’s interpretation of that section, OBJECTS AFFECTING NAVIGABLE ways are designated by a “blue shield,” and effects no substantive change AIRSPACE i.e., US No. 95, and are designed with therein. Notice of Proposed Rule Making minimum vertical clearance of 17 feet In consideration of the foregoing, it at crossings. is proposed to amend Part 77 as here­ The Federal Aviation Administration Paragraph (a) (5) of § 77.13 requires inafter set forth: is considering amendments that would a notice of proposed construction or al­ 1. Paragraph (a)(2), (3), (4) and (5) make minor substantive changes and teration when requested by the FAA. The of § 77.13 would be amended as follows: editorial corrections to Part 77 of the objective of this Part is to provide notice Federal Aviation Regulations. § 77.13 Construction or alteration re­ to the FAA of proposed-construction that quiring notice. Interested persons are invited to par­ would be an obstruction to air navigation. ticipate in. the making of the proposed If the FAA is aware of the construction (a) * * * rule by submitting such written data, already, it obviously has no need of fur­ (2) Any construction or alteration of views, or arguments as they may desire. ther notice of that construction. Since the greater height than an imaginary sur­ Communications should identify the FAA has not utilized this provision and it face extending outward and upward at regulatory docket or notice number and serves no useful purpose, it is proposed one of the following slopes: be submitted in duplicate to the Federal to delete this requirement. (i) 100 to 1 for a horizontal distance Aviation Administration, Office of the Paragraph (c) of § 77.15 presently of 20,000 feet from the nearest point of General Counsel, Attention; Rules Dock­ identifies certain types of objects, the the nearest runway of each airport et, 800 Independence Avenue SW., locations and heights of which are fixed specified in subparagraph (5) of this Washington, D.C. 20590. All communica­ by their functional purposes, for which paragraph with at least one runway tions received on or before September 1, notice is not required. FAA-approved more than 3,200 feet in actual length, 1967, will be considered by the Adminis­ aircraft arresting devices are not named excluding heliports and seaplane bases trator before taking action upon the pro­ in this paragraph, therefore, a strict in­ without specified boundaries. posed rule. The proposals contained in terpretation of this paragraph might not (ii) 50 to 1 for a horizontal distance this notice may be changed in the light include FAA-approved aircraft arresting of 10,000 feet from the nearest point of of comments received. All comments will devices. To avoid this possibility, the nearest runway of each airport speci­ be available, both before and after the § 77.15(c) should be amended to include fied in subparagraph (5) of this para­ closing date for comments, in the Rules . specifically an “aircraft arresting device”. graph with its longest runway no more Rocket for examination by interested Additionally, certain editorial changes than 3,200 feet in actual length, exclud­ persons. are proposed that would eliminate unnec­ ing heliports and seaplane bases with­ Currently, subdivisions (i), (ii), and essary repetition. out specified boundaries. ! w..?* § 77.13(a) (2), and paragraph Section 77.17 lists the Regional offices (iii) 25 to 1 for a horizontal distance (a) (4) of § 77.13 specify that the notice of the FAA and specifies that the notice of 5,000 feet from the nearest point of requirements of paragraph (a) of § 77.13 of construction required by § 77.13(a) the nearest landing and takeoff area of apply to certain construction or altera- shall be submitted to the applicable Re­ each heliport specified in subparagraph tion proposals on or near any airport, gional office. The FAA has now estab­ (5) of this paragraph. if that airport is listed in the Airport lished area offices and it is proposed that (3) Any highway, railroad, or other Directory of the current Airman’s Infor­ the notice of construction be submitted traverse way for mobile objects, of a mation Manual or is operated by a Fed­ to the Area Manager of the Federal height which if adjusted upward 17 feet eral military agency. Consequently, civil Aviation Area Office having" jurisdiction for an Interstate Highway that is part airports in the Alaska and Pacific Re- over the area in which the construction of the National System of Military and gions are excluded because they are listed or alteration will be located. A list of Interstate Highways ^here overcrossings ln r1®^a'ska and Pacific Airman’s Guide the area offices and the areas covered by are designed for a minimum of 17 feet and Chart Supplement and not in the each office is shown for the convenience vertical distance, 15 feet for other high­ auport Directory. Furthermore, airports of the public. ways, 25 feet for a railroad, and, for any . at are Planned, proposed, or under con­ Section 77.21 states the scope of Sub­ other traverse way, an amount equal to struction are not listed in any of the part C—Obstruction Standards which the height of the highest unshielded mo­ above-mentioned publications. replaced and revoked similar standards bile objects that would normally traverse This amendment proposes to make the in Technical Standard Order TSO/N18 it, would exceed a standard of subpara­ s^-71 oqmren?erlts of Paragraph (a) when Part 77 was revised effective May 1, graph (1) or (2) of this paragraph. an LIL13. applicable to proposals near 1965. The third sentence of § 77.21 (a) (4) Any construction or alteration on *s listed in the current would be reworded to state more clearly an airport specified in subparagraph (5) Cha^e °r ,Pacific Airman’s Guide and the applicability of the standards to of this paragraph. o n S Supplement, or is a planned or pro- navigation facilities and controlled air­ ***** tinn or airport under construc- space. Section 77.21 (c) would be revised (5) Paragraph (a) applies to any of Dronncaf^ subJect of a notice or to include a reference to the airports the following airports, and to seaplane P oposal on file with the FAA. This would listed in the Alaska and Pacific Airman’s bases with specified boundaries.

FEDERAL REGISTER, VOL. 32, NO. 135— FRIDAY, JULY 14, 1967 10374 PROPOSED RULE MAKING

(i) An airport that is available for (d) San Juan Area Office, San Juan, P.R. time of filing of the notice required by public use and is listed in the “Airport 00913. Puerto Rico and the Virgin Islands. § 77.13(a), that airport is— 3. Southwest Region, Fort Worth, Tex. (1) Available for public use and is Directory” of the current Airman’s In­ (a) Albuquerque Area Office, Albuquer­ formation Manual or in either the Alaska que, N. Mex. 87108. The State of New Mexico listed in the “Airport Directory” of the or Pacific Airman’s Guide and Chart and that area of the State of Texas lying current Airman’s Information Manual or Supplement. west qf the 100th meridian. in either the Alaska or Pacific Airman’s (ii) A planned or proposed airport or (b) Fort Worth Area Office, Fort Worth, Guide and Chart Supplement; or, an airport under construction, that is the Tex. 76101. The States of Arkansas and Okla­ (2) A planned or proposed airport or subject of a notice or proposal on file homa and that area of the State of Texas an airport under construction, that is the lying east of the 100th meridian and north subject' of a notice or proposal on file with the Federal Aviation Administra­ of latitude 31°30'00'' N. tion, provided, except for military air­ (c) Houston Area Office, Houston, Tex. with the Federal Aviation Administra­ ports, it is clearly indicated that that 77060. Thè State of Louisiana and that area tion, provided, except for military air­ airport will be available for public use. of the State of Texas lying east of the 100th ports, it is clearly indicated that that air­ (iii) An airport that is operated by an meridian and south of latitude 31°30'30" N. port will be available for public use; or, Armed Force of the United States. 4. Central Region, Kansas City, Mo. (3) An airport that is operated by an * * * * * (a) Kansas City Area Office, Kansas City, Armed Force of the United States. Mo. 64110. The States of Missouri, Kansas, * * * * * 2. Section 77.15 (c) would be amended Iowa, and Nebraska. to read as follows: (b) Chicago Area Office, Des Plaines, III. 5. Section 77.23 (a) (8) would be amend­ 60018. The States of Illinois, Indiana, and ed to read as follows: § 77.15 Construction or alteration not Michigan. requiring notice. (c) Minneapolis Area Office, Minneapolis, § 77.23 Standards for determining ob­ ***** Minn. 55450. The States of Montana, North structions. (c) Any air navigation facility, air­Dakota, South Dakota, Minnesota, and (a) * * * Wisconsin. port visual approach or landing aid, air­ 5. Western Region, Los Angeles, Calif. (8) The surface of a takeoff and land­ craft arresting device, or meteorological 90045. ing area of an airport or any imaginary device, approved by the Administrator, (a) Denver Area Office, Denver, Colo. surface established under § 77.25, 77.27, the location and height of which is fixed 80207. The States of Colorado and Wyoming. 77.28, or 77.29. However, no part of the by its functional purpose. (b) Los Angeles Area Office, Los Angeles, takeoff and landing area itself may be Calif. 90045. The State of Arizona and that considered an obstruction. Each airport ***** area of the State of California lying within 3. Section 77.17 (a) and (d) would be and south of the counties of Santa Barbara, imaginary surface that is established for amended to read as follows; Kern, and Inyo. a civil airport is based on runway lengths (c) Salt Lake City Area Office, Salt Lake corrected in accordance with the cur­ § 77.17 Form and time of notice. City, Utah 84116. The States of Idaho, Ne­ rent FAA airport design standards to no (a) Each person who is required to vada, and Utah. gradient and standard conditions of tem­ notify the Administrator under §77.13 (d) San Francisco Area Office, Burlin­ perature and elevation. game, Calif. 94010. That area of the State of (a) shall send two executed copies of 6. Section 77.23(c) would be deleted. FAA Form 117, “Notice of Proposed Con­ California lying within and north of the counties of San Luis Obispo, Kings, Tulare, J 7. The first sentence of paragraph (b), struction or Alteration,” to the Area and Mono. Manager, FAA Area Office having juris­ (e) Seattle Area Office, Seattle, Wash. paragraph (c), the first sentence in diction over the area within which the 98108. The States of Washington and Oregon. paragraphs (c) (1), (2) (i), (ii), and (iii) construction or alteration will be located. 6. Alaskan Region, Anchorage, Alaska. of § 77.27 would be amended by striking Copies of FAA Form 117 may be ob­ Alaska. out the words “at the end of the primary tained from the headquarters of the Fed­ 7. Pacific Region, Honolulu, Hawaii. Areas surface” and inserting “at each end of contained within the Honolulu, Wake, and the runway” in place thereof. eral Aviation Administration, the re­ Guam Flight Information regions (exclud­ gional and the area offices. 8. Section 77.39(b) would be amended ing the Pacific Trust Territory Island and to read as follows: The Area offices’ geographic areas of Christmas Island) and American Samoa. jurisdiction for each FAA Region are: ***** § 77.39 Effective period of determina­ 1. Eastern Region, Jamaica, Long Island, tion o f no hazard. (d) Each person who is required to * . * * * * N.Y. notify the Administrator under para­ (a) New York Area Office, John F. Ken­ (b) In any case, including determina­ nedy International Airport, Jamaica, Long graphs (b) and (c) of § 77.13, or both, Island, N.Y. 11430. States of New York shall send an executed copy of FAA Form tions to which paragraph (d) of this sec­ (count ibs of Bronx, New York, flings, 117-1, “Notice of Progress of Construc­ tion applies, where the proposed con­ Queens, Richmond, Nassau, Suffolk, West­ tion or Alteration” to the FAA Area Of­ struction or alteration has not been chester, Rockland, Orange, Putnam, fice having jurisdiction over the area in­ started during the applicable period by Dutchess, Ulster, Sullivan), New Jersey, volved. actual structural work, such as the laying Delaware, and Pennsylvania (counties of of a foundation, but not including ex­ Tioga, Clinton, Centre, Huntington, Frank­ 4. The third sentence of § 77.21(a) andcavation, any interested person may, at lin, and all counties east thereof). paragraph (c) would be amended to read least 15 days before the date the final (b) Boston Area Office, Burlington, Mass. as follows: ,01804. The States of Maine, New Hampshire, determination expires, petition the FAA Vermont, Massachusetts, Rhode Island, Con­ § 77.21 Scope. official who issued the determination to. necticut, and New York (except the counties (a) * * * The standards apply to an (1) Revise the determination based on under the jurisdiction of the FAA New York existing air navigation facility and to the new facts that change the basis on which Area Office). it was made ; or (c) Cleveland Area Office, Rocky River, use of navigable airspace by aircraft, (2) Extend its effective period. Ohio 44116. The States of Ohio, Kentucky, such as an air navigation aid, airport, and Pennsylvania (counties of Potter, Cam­ Federal airway, instrument approach * * * * * eron, Clearfield, Blair, Bedford, Fulton, and procedure, approved off-airway route, This amendment is proposed under the all counties west thereof). control zone, or transition area. Addi­ authority of sections 307, 313 and 1101 ° (d) Washington Area Office, Falls Church, tionally, they apply to a planned facility the Federal Aviation Act of 1958 Va. 22046. The States of Maryland, Virginia, West Virginia, and the District of Columbia. or use, or a change in an existing facility U.S.C. 1348, 1354, and 1501). 2. Southern Region, Atlanta, Ga. or use, if a proposal therefor is on file Issued in Washington, D.C., on July 6, (a) Atlanta Area Office, Atlanta, Ga. with the FAA or the Department of de­ 1967. 30320. The States of Georgia, North Carolina, fense on the date the notice required by and South Carolina. § 77.13(a) is filed. William E. Morgan, (b) Memphis Area Office, Memphis, Ten». ***** Acting Director, 38118. The States of Tennessee, Alabama, A ir Traffic Service. and Mississippi. (c) The standards in this subpart ap­ (c) Miami Area Office, Miami, Fla. 33159. ply to the effect of construction or altera­ [F.R. Doc. 67-8116; Filed, July 13, 1967, The State of Florida. tion proposals upon an airport if, at the 8:46 a.m.]

FEDERAL REGISTER, V O L 32, NO. 135— FRIDAY, JULY 14, 1967 PROPOSED RULE MAKING 10375 6. Pursuant to applicable procedures 4. Accordingly, we propose to amend FEDERAL COMMUNICATIONS set out in section 1.415 of the Commission § 89.507 of our rules to make medical as­ rules, interested parties may file com­ sociations eligible for radio station au­ COMMISSION ments on or before August 14, 1967, and thorizations in Special Emergency Radio reply comments on or before August 24, Service. Under our proposal, eligibility [ 47 CFR Part 73 1 1967. All submissions by parties to this to the Special Emergency Radio Service proceeding or by persons acting in be­ would be limited to associations and [Docket No. 17585; FCC 67-802] half of such parties must be made in societies which are chartered by a na­ EDUCATIONAL RESERVATIONS AT SA­ written comments, reply comments or tional, state, or regional medical associa­ other appropriate pleadings. tion or society, such as the American VANNAH, PEMBROKE, COLUMBUS, 7. In accordance with the provisions Medical Association. However, eligibility AND WARM SPRINGS, GA. of § 1.419 of the rules, and original and 14 would not be confined to the chapters of copies of all written comments, replies, Table of Assignments the AMA, but would be extended to any pleadings, briefs, or other documents bona fide medical association or society. 1. On March 30, 1967, the Georgia shall be furnished the Commission. Associations formed for the primary pur­ State Board of Education (the Board) Adopted: July 5, 1967. pose of rendering a communications filed a petition for rule making request­ service to their members would not qual­ ing that the Commission change the as­ Released: July 10, 1967. ify. Physicians who would wish to oper­ signments of Channel *9— from Savan­ F ederal C ommunications ate a joint radio system independent nah, Ga., to Pembroke, Ga., and of Chan­ C o m m is s io n ,1 from the local medical society would, of nel *28 from Columbus, Ga., to Warm [ se a l ! B e n F . W a p l e , course, be able to do so under the provi­ Springs, Ga. No statements in opposition Secretary. sions of § 89.13. to the petition have been filed. 5. Medical societies would be eligible [F.R. Doc. 67-8138; Filed, July 13, 1967; 2. The Board points out that it is licen­ 8:49 a.m .] in Special Emergency to obtain a license see of Station WVAN-TV, which is op­ to operate a system for the transmission erating on Channel *9 about 1 mile from of messages relating to safety of life, and Pembroke, and about 30 miles from [ 47 CFR Part 89 ] to the medical duties of their member Savannah. Station WJSP-TV is being physicians, including, of course, relaying operated on Channel *28 within 3 miles [Docket No. 17581; FCC 67-797] such messages to individual doctors. The of Warms Springs, approximately 30 SPECIAL EMERGENCY RADIO SERVICE association would be permitted to trans­ miles from Columbus. The locations of mit messages only to its members who are WVAN-TV and WJSP-TV were selected Medical Associations Eligible for eligible to hold licenses in their own as part of an overall plan to achieve Authorizations names. Service would be rendered on a statewide coverage. 1. Notice is hereby given of proposed nonprofit, cost-sharing basis. Records 3. The identification of WVAN-TV rule making in the above-entitled matter. which reflect this cost-sharing, nonprofit with Savannah and of WJSP-TV with 2. The Special Emergency Radio Serv­ basis would be maintained by the as­ Columbus is confusing viewers. Com­ ice was established to provide radio com­ sociation and held available for inspec­ plaints have been received from people munications for certain activities relat­ tion by Commission representatives. who have been unable to find listings of ing to the safety of life and prop­ 6. Authority for the proposed amend­ the stations in the Savannah and Colum­ erty. Section 89.507 of the rules makes ments is contained in sections 4(i) and bus newspapers and who have had mail the service available to physicians 303 of the Communications Act of 1934, addressed to the stations at these locali­ for communications relating to the safe­ as amended. ties returned to them by the post office. ty of life and for urgent messages relat­ 7. Pursuant to applicable procedures Therefore, the Board requests that the ing to their medical duties. In many areas set forth in § 1.415 of the Commission’s channels involved be reassigned to the of the country physicians rely heavily rules, interested persons may file com­ cities requested. on their local medical societies for such ments on or before August 14, 1967, and 4. Since Stations WVAN-TV and services as receiving and relaying tele­ reply comments on or before August 24, WJSP-TV are operating at locations con­ phone requests for medical aid from pa­ 1967. All relevant and timely comments siderably removed from the communities tients, and arranging for available physi­ and reply comments will be considered by listed in the Table of Assignments, we cians to respond to calls for medical aid the Commission before final action is are proposing to adjust the pattern of during evenings, weekends and holidays. taken in this proceeding. In reaching its educational television broadcast chan­ These functions of medical societies also decision, the Commission may also take nels in Georgia by shifting Channel *9— clearly relate to the safety of life and into account other relevant information from Savannah to Pembroke and Chan­ come within the scope of the Special before it, in addition to the specific com­ nel *28 from Columbus to Warm Springs. Emergency Radio Service. Therefore, it ments invited by this notice. The above changes will not require any would appear that medical societies 8. In accordance with the provisions of other changes in the Table of Assign­ should have access to this service for § 1.419 of the Commission’s rules and ments and will have no impact on the un­ radio facilities which would aid in dis­ regulations, an original and 14 copies of assigned channels available for use in the charging these functions more efficiently. all statements, briefs, and comments filed areas. This would be consistent with the pur­ should be furnished the Commission. 5. Accordingly, pursuant to the au­pose for which that Service was estab­ Adopted: July 5,1967. thority contained in sections 4(i), 303 lished and with the types of communica­ and 307(b) of the Communications Act tions permitted in § 89.507. Released: July 10,1967. of 1934, as amended: it is proposed to 3. Individual doctors may, of course, F ederal C ommunications Ta,kle of Assignments in establish joint communications systems C o m m is s io n ,1 s 73.606(b) of the Commission rules by on a cooperative nonprofit basis under Ese a l ] B e n F . W a p l e , changing channel assignments in the the provisions of § 89.13 of our rules. Secretary. btate of Georgia, as follows: Many of these systems operated under § 89.13 have been integrated or are Section 89.507 of the Commission’s associated closely with the above-men­ rules would be amended to read as Channel Nos. City tioned services offered by medical socie­ follows: ties, which indicates that these coopera­ § 89.507 Physicians and veterinarians. Present Proposed tive systems used by physicians can be (a) Eligibility. The following are eli­ Savannah, Ga best operated by or under the auspices of Pembroke, Ga 3 + , *9—, 11,22 3 + , 11,22 local medical societies. gible for authorizations in the Special Columbus, Ga * 9 - "arm Springs, Ga' 3 ,9 + , *28,38,54 3,9+, 38,54 *22 *22,*28 1 Commissioner Lee not participating; 1 Commissioners Bartley and Cox dissent­ Commissioner Cox abstaining from, voting. ing, Commissioner Wadsworth absent.

FEDERAL REGISTER, VOL. 32, NO. 135— FRIDAY, JULY 14, 1967 10376 PROPOSED RULE MAKING Emergency Radio Service under this of the applicant's eligibility. In the event (1) Stations licensed to physicians, category: changes have occurred which affect the schools of medicine, veterinarians, or to (1) An individual p h y sicia n or a original eligibility statements, a new schools of veterinary medicine may be school of medicine; showing must accompany the applica­ used only for the transmission of mes­ sages pertaining to the safety of life or (2) An association of physicians in a tion. (c) Class and number of stations property and urgent messages relating to locality (such as county, city, a metro­ the medical duties of the licensee. politan area) which is chartered by a available. Each physician, veterinarian, school of medicine, or school of veteri­ (2) Stations authorized to associations national, state, or regional association of of physicians may be used only for the physicians; and . nary medicine normally may be author­ ized to operate not more than one base transmission of messages pertaining to (3) A veterinarian or a school of vet­ station and two mobile units. Additional safety of life and urgent messages re­ erinary medicine. base stations or mobile units will be lating to the medical duties of those (b) Eligibility showing. The initial ap­ authorized only in exceptional circum­ members of the association who would be plication shall be accompanied by a stances when the applicant can show a eligible for authorization under para­ statement in sufficient detail to permit a specific need therefor. graph (a) of this section. Radio Service ready determination of the applicant’s (d) Permissable communications. Ex­ may be rendered only on a nonprofit, eligibility. Any subsequent application cept for test transmissions as permitted cost-sharing basis. may refer to information previously filed by § 89.151, stations authorized under [F.R . Doc. 67-8139; Filed, J u ly 13, 1967; if there has been no change in the status this section may be used as follows: 8:49 a.m .]

FEDERAL REGISTER, VOL. 32, NO. 135— FRIDAY, JULY 14, 1967 10377 Notices

The lands affected by this proposal are ager, Bureau of Land Management, Las DEPARTMENT OF THE TREASURY located in Ash Meadows, Nye County, Vegas, Nev. Office of Foreign Assets Control Nevada, and are described as follows: For the State Director. Motjnt Diablo Meridian, Nevada CUT JADE STONES, JADE JEWELRY, A. J ohn H illsamer, CARVINGS, OTHER MANUFACTURES T. 17 S., R. 49 E„ Acting Land Office Manager. - Sec. 25, NE 14NE 14, Wy2Ey2, Wy4; [F.R. Doc. 67-8103; Filed, July 13, 1967; Availability of Certificates of Origin Sec. 26, Lots 4-8, Inclusive, NE%SW^, Ni/2SEi4; 8:45 a.m .] Notice is hereby given that, effective Sec. 35, Lots 8-14, inclusive, NEy4, E% July 3, 1967, certificates of origin issued K w y4 , NEy4sw y 4.N i/2SEy4; by the Department of Commerce and Sec. 36, Ni/4. National Park Service Industry of the Government of Hong T. 18 S., R. 49 E., CRATER LAKE NATIONAL PARK Kong under procedures agreed upon be­ Sec. 1, L ots 10-13, inclusive; Sec. 2, Lots 1-5, inclusive, Sy4NEy4, SEy4 Notice of Intention To Negotiate tween that Government and the Office of NWy4. Foreign Assets Control in connection T. 15 S., R. 50 E., Concession Contract with the Foreign Assets Control Regula­ Sec. 25, Ey4NWy4. Pursuant to the provisions of section 5, tions are again available with respect to T . 17 S., R . 50 E., the importation into the United States Sec. 9, Lots 7-12, inclusive; Pubic Law 89-249, public notice is hereby directly, or on a through bill of lading, Sec. 10, Lots 5, 6,9-14, inclusive; given that thirty (30) days after the from Hong Kong of the following com­ Sec. 11, Lots 11-14, inclusive; date of publication of this notice, the modity: Sec. 14, Lots 3-6, inclusive, 11-14 inclusive; Department of thé Interior, through the Sec. 15, Lots 1—4, inclusive; Director of the National Park Service, Jade, cut stones, jew elry, carvings, o th e r Sec. 16,NWy4NWy4; proposes to negotiate a concession con­ manufactures. se c. 17, NEy4, sy4swy4, wy2SEy4; tract with Crater Lake Lodge, Inc., au­ Sec. 20, Ni/2, Ni4SWy4; [ s e a l ] Margaret W. S chwartz, Sec. 21, Lots 1-6, inclusive; thorizing it to continue to provide con­ Director, Sec. 22, Lot 1; cession facilities and services for the Office of Foreign Assets Control. Sec. 28, Ey2NEy4, Eyaswy4, swy4swy4, public at Crater Lake National Park for [F.R. Doc. 67-8178; Filed, July 12, 1967; SEy4; a period of thirty (30) years. 2:38 p.m .] sec. 29, N w y4NEy4, NEy4N w y4, s w y 4sw y 4, The foregoing concessioner has per­ Ey2SEy4; formed its obligations under a prior con­ Sec. 30, Lots 3-10, inclusive, Ey2SWy4, Wy£ SEy4; tract to the satisfaction of the National Sec. 31; Park Service and, therefore, pursuant to DEPARTMENT OF THE INTERIOR se c. 32, Ey2NEy4, sw y 4NEy4, w y 2w y£, n % the act cited above, is entitled to be given Bureau of Land Management SEy4; preference in the negotiation of a new se c. 33, Ny£NEy4, swy4NEy4, wy2Nwy4; contract. However, pursuant to the act [Serial Nos. N-209 etc.] Sec. 34; cited above, the Secretary is also required NEVADA sec. 36, SEy4NEy4, Ey4SEy4. to consider and evaluate all proposals T . 18 S ..R .5 0 E., received as a result of this notice. Notice of Proposed Classification Sec. 1, L ots 1-4, inclusive; Sec. 2, L ots 3, 4, Sy£NWy4, SWy4; Interested parties should contact the Notice is hereby given of a proposal Sec. 3, Lots 1,2, 3, SEy4; Chief of Concessions Management, Na­ to classify the lands described below, se c. 4, L ot 3, sy2Nwy4, swy4, w y2SEy4; tional Park Service, Washington, D.C. Serial Nos. N-209, 210, 211, 212, 213, 376, Sec. 5, Lots 1-4, inclusive, SyfcNy^, SEy4; 20240, for information as to the require­ 569, 1033, through exchange under sec­ Sec. 6, Lots 1, 2, 8-10, inclusive, Sy,NEy4, ments of the proposed contract. SEy4Nwy4; tion 8 of the Taylor Grazing Act, 43 Dated: July 7, 1967. U.S.C. 315g; for lands in the Hot Springs Sec. 9, Wy2Ey£, Ey2NWy4; se c . 10, Ey^, Nwy4, NEy4swy4; Edward Hummel, Range, Osgood Mountains and Eden Val­ sec. 11, Ny^Nyfc, Nwy4sw y 4, sy2swy4, ley within Humboldt County, Nev. This swy4SEy4; Assistant Director, publication is made pursuant to the Act Sec. 12, NEy4; National Park Service. of September 19, 1964, 43 U.S.C. 1412. Sec. 14, NEy4; [F.R. Doc. 67-8104; Filed, July 13, 1967; The District Advisory Board, local gov­ T. 17 S., R . 51 E„ 8:45 a.m .j ernmental officials, and other interested Sec. 31, Lot 2, Nwy4NEy4, sy£NEy4, Ey^ Parties have been notified of this pro­ N w y4,S E y4; Sec. 32, swy4. posal. Information derived from discus- T. 18 S„ R . 51 E., tv?ns ,and ° ^ er sources indicate that se c. 5, L ots 2, 3, 4, syjNy^, sy£; DEPARTMENT OF COMMERCE wift6,lands meet the criterion of 43 CFR sec. 6, Lots 1, 7, SEy4NEy4, SEy4Swy4; Business and Defense Services 410.1-3 (c) (4), which authorizes classi- Sec. 7, Lots 1,2, SEy4NEy4, Ey4NWy4; cation of lands for “exchange under Sec. 8; Administration ppropriate authority where they are Sec. 17, Wy2Ey2, w y2; DEPARTMENT OF AGRICULTURE ound to be chiefly valuable for public sec. 18, SEy4NEy4, SEy4. voi1?0868 .keeause they have special ET AL. ues, arising from the interest of ex- The areas described aggregate 13,- 663.19 acres. Notice of Applications for Duty Free ange proponents, for exchange for Entry of Scientific Articles *ands which are needed for the For a period of 60 days from the date support of a Federal program.” Informa- of publication of this notice in the F ed­ The following are notices of the receipt rA™^)°nrern*ng the lands, including the eral R egister, all persons who wish to of applications for duty-free entry of fnr wT °* j?uhhc discussions, is available submit comments, suggestions, or ob­ scientific articles pursuant to section 6(c) Dk^w^Lon and study at the Las Vegas of the Educational, Scientific and Cul­ jections in connection with the proposed men?'?o?o^TeLBureau of Land Manage- tural Materials Importation Act of 1966 Vegas Ney1*01^11 Deca*'ur Boulevard, Las classification may present their views in (Public Law 89-651; 80 Stat. 897). In­ writing to the Las Vegas District Man­ terested persons may present their views

No. 135—Pt. FEDERAL REGISTER, VOL. 32, NO. 135— FRIDAY, JULY 14, 1967 10378 . NOTICES with respect to the question of whether To be used by the senior scientific staff 18111 Nordhoff Street, Northridge, Calif. an instrument or apparatus of equivalent and graduate students for research in study­ 91326. Article: Nuclear Magnetic Reso­ ing theory of electron diffraction, multiple nance Spectrometer, model R-20. Manu­ scientific value for the purposes for which beam interactions, and crystalline struc­ the article is intended to be used is being ture of materials using photomicrographs at facturer: Hitachi, Ltd., Japan. Intended manufactured in the United States. Such magnifications of one hundred thousand use of article: Applicant states: comments must be filed in triplicate with times with resolving details separated by less The instrument will be used to instruct the Director, Office of Scientific and than ten angstroms. students in the principles of nuclear mag­ Technical Equipment, Business and De­ netic resonance and the use and operation Application received by Commissioner of NMR spectrometers. * * * fense Services Administration, Washing­ of Customs: June 26, 1967. ton, D.C. 20230, within 20 calendar days I n a d d itio n to th e in stru c tio n a l purposes, after date on which this notice of ap­ Docket No. 67-00143-33-46040. Appli­ the instrument will also be used in a va­ cant: The University of New Mexico riety of research programs by graduate stu­ plication is published in the F ederal School of Medicine, 900 Stanford Drive dents and faculty. These experiments will in­ R egister. NE., Albuquerque, N. Mex. 87106. Article: volve essentially all of the above with the Regulations issued under cited Act, E le c t r o n Microscope, Hitachi-Perkin further limitation that all such experiments published in the February 4, 1967, issue m ust involve a high degree of accuracy and Elmer/ model HS-7S. Manufacturer: precision. This would be particularly impor­ F ederal R egister, of the prescribe the Hitachi, Ltd., Japan. Intended use of ar­ tant in the kinetic and thermodynamic requirements applicable to comments. ticle: Applicant states: experiments. A copy of each application is on file, Training and instruction in biological fine Application received by Commissioner and may be examined during ordinary structure techniques and practice. Commerce Department business hours at of Customs: June 27,1967. the Office of Scientific and Technical Application received by Commissioner Docket No. 67-00146-33-46040. Appli­ Equipment, Departmënt of Commerce, of Customs: June 26, 1967. cant: Duke University Medical Center, Room 5123, Washington, D.C. Durham, N.C. 27706. Article: Electron Charley M. D enton, Microscope, model EM-300. Manufactur­ A copy of each comment filed with the Director, Office of Scientific and er: N. V. Philips, Holland. Intended use Director of the Office of Scientific and Technical Equipment, Busi­ Technical Equipment must also be mailed of article : Applicant states: ness and Defense Services Highest possible resolution electron micro­ or delivered to the applicant, or its au­ Administration. scopic studies of thin sections of nerve tis­ thorized agent, if any, to whose applica­ [F.R. Doc. 67-8095; Filed, July 13, 1967; sue, negative stained preparations of cells tion the comment pertains; and the com­ 8:45 a m .] membrane fractions and macromolecules. ment filed with the Director must certify that such copy has been mailed or de­ Application received by Commissioner livered to the applicant. of Customs: June 27,1967. SAN FERNANDO VALLEY STATE Docket No. 67-00147-70-63550. Ap­ Docket No. 67-00104-60-77030. Appli­ COLLEGE ET AL. plicant: University of Michigan, Flint cant: U.S. Department of Agriculture, Notice of Applications for Duty Free College, 1321 East Court Street, Flint, Agricultural Research Services, Eastern Mich. 48503. Article: Digital Polarim­ Utilization Research and Development Entry of Scientific Articles eter, model 141. Manufacturer: Perkin- Division, 600 East Mermaid Lane, Phila­ The following are notices of the re­ Elmer and Co., Germany. Intended use delphia, Pa. 19118. Article: Nuclear mag­ netic resonance^ spectrometer, JEOL ceipt of applications for duty-free entry of article: Applicant states: model, JNM-C-60H with cooling water of scientific articles pursuant to section We wish to measure the optical rotation conditioner, model JNM-CW-1. Manu­ 6(c) of the Educational, Scientific and of liquids and solutions of compounds Cultural Materials Importation Act of which absorb light in the visible region, facturer: Japan Electron Optics Labora-, 1966 (Public Law 89-651; 80 Stat. 897). ultraviolet region, or both. tory Co., Ltd., Japan. Intended use of article : Applicant states : Interested persons may present their Application received by Commissioner views with respect to the question of of Customs: June 27,1967. A high resolution nuclear magnetic reso­ whether an instrument or apparatus of nance spectrometer is required for determi­ / Docket No. 67-00148-75-42800. Appli­ equivalent scientific value for the pur­ cant: Texas A. & M. University, Cyclotron nations of the molecular structure of organic poses for which the article is intended to compounds synthesized or isolated or derived Institute, College Station, Tex. 77843. from animal fats, for the study of hydrogen be used is being manufactured in the Article: Analyzing Magnet. Manufac­ bonding in such compounds, and for the United States. Such comments must be turer: Instrument AB Scanditronix, determination of the composition of mix­ filed in triplicate with the Director, Office Sweden. Intended use of article: Appli­ tures * * *. of Scientific and Technical Equipment, cant states: Business and Defense Services Adminis­ Application received by Commissioner tration, Washington, D.C. 20230, within To magnetically analyze and direct charge of Customs: June 2, 1967. p a rtic le b eam s e m itte d -.fro m the Texas 20 calendar days after date on which A. & M. U niversity Variable Energy Docket No. 67-00139-33-86500. Appli­ this notice of application is published in cant: University of Louisville, 2301 South C yclotron. the F ederal R egister. Third Street, Louisville, Ky. 40208. Arti­ Application received by Commissioner Regulations issued under cited Act, cle: Viscometer, “Cone-in-Cone,” Gear of Customs: June 27,1967. Box “Zero-Max,” Thermo-Couple Pump published in the February 4, 1967, issue Charley M. D enton, with accessories and ancillary equipment. of the F ederal R egister, prescribe the Manufacturer: Industrial Supply Co., requirements applicable to comments. Director, Office of Scientific Australia. Intended use of article: Appli­ A copy of each application is rn file, and Technical Equipment’ and may be examined during ordinary Business and Defense Services cant states: Administration. Instrument will be used to determine the Commerce Department business hours at viscosity of whole blood and plasma at vary­ the Office of Scientific and Technical \R. Doc. 67-8096; Filed, July 13, l967* ing shear rates. Equipment, Department of Commerce, Room 5123, Washington, D.C. Application received by Commissioner A copy of each comment filed with the MIDWESTERN UNIVERSITY ET AL. of Customs: June 26, 1967. Director of the Office of Scientific and Docket No. 67-00142-65-46040. Appli­ Technical Equipment must also be mailed Notice of Applications for Duty Free cant: University of California, Lawrence or delivered to the applicant, or its au­ Entry of Scientific Articles Radiation Laboratory, East End of thorized agent, if any, to whose appli­ Hearst Avenue, Berkeley, Calif. 94720. cation the comment pertains; and the The following are notices of the receipt Article: Electron Microscope, Hitachi- comment filed with the Director must of applications for duty-free enJJ,. n Perkin Elmer, model HU-650 and ancil­ certify that such copy has been mailed scientific articles pursuant to s lary equipment. Manufacturer : Hitachi, or delivered to the applicant. 6(c) of the Educational, Scientific an Ltd., Japan. Intended use of article: Ap­ Docket No. 67-00145-01-77030. Appli­ Cultural Materials Importation plicant states: cant: San Fernando Valley State College, 1966 (Public Law 89-651; 80 Stat. 8

FEDERAL REGISTER, VOL. 32, NO. 135— FRIDAY, JULY 14, 1967 NOTICES 10379

Interested persons may present their K. Studies of chemical reaction kinetics. Department of Commerce, Room 5123, views with respect to the question of L. Studies of ion-molecule reactions. Washington, D.C. 20230. whether an instrument or apparatus of Application received by Commissioner Docket No. 67-00020-65-46040. Appli­ equivalent scientific value for the pur­ of Customs: June 27, 1967. cant: University of California, Lawrence poses for which the article is intended to Docket No. 67-00152-33-46040. Appli­ Radiation Laboratory, End of East Ave­ be used is being manufactured in the cant: Children’s Hospital Research nue, Livermore, Calif. 94550. Article: United States. Such comments must be Foundation, Elland and Bethesda Ave­ Electron Microscope-Hitachi Model HU- filed in triplicate with the Director, Office nues, Cincinnati, Ohio 45229. Article: 125. Manufacturer: Hitachi, Ltd., Japan. of Scientific and Technical Equipment, Electron Microscope, Norelco, model Intended use of article: Applicant states: Business and Defense Services Adminis­ EM-300. Manufacturer: Philips Elec­ tration, Washington, D.C. 20230, within This instrument will be used for research tronics and Pharmaceutical Industries purposes by the Lawrence Radiation Labora­ 20 calendar days after date on which this Corp., The Netherlands. Intended use of tory under Contract No. W-7405-ENG-48 notice of application is published in the article: This instrument will be used in with the Atomic Energy Commission. Spe­ Federal R egister. biological research and teaching. Specific, cific use will be in studies of “High Z” ma­ Regulations issued under cited Act, research projects include the following: terials such as uranium alloys and other ma­ published in the February 4, 1967, issue terials which, because of their nature, can­ “1. The nature of the structural lesion not be thinned properly. The behaviour of of the Federal R egister, prescribe the in the glycogen storage disease. 2. Studies “High Z” materials is such that an electron requirements applicable to comments. on the structure of the kidney glomer­ microscope of 125 KV is needed to provide A copy of each application is on file, ular basement membrane * * *” 3. De­ adequate penetration. and m ay be examined during ordinary velopment of methods of tracing albu­ Comments: Comments were received Commerce Department business hours at min in intestinal tissue. 4. Research of from one domestic manufacturer, Radio the Office of Scientific and Technical negatively stained viral suspensions. Ap­ Corporation of America (RCA), which Equipment, Department of Commerce, plication received by Commissioner of alleged inter alia that “RCA model No. Room 5123, Washington, D.C. Customs: June 27,1967. EMU-4 Electron Microscope is of equiva­ A copy of each comment filed with Docket No.: 67-00153-33-46500 Appli­ lent scientific value to the instrument the Director of the Office of Scientific cant: The Johns Hopkins University for which duty-free entry has been re­ and Technical Equipment must also be School of Medicine, Department of Anat­ quested for the purposes stated in the mailed or delivered to the applicant, or omy, 725 North Wolfe Street, Baltimore, application for which the instrument its authorized agent, if any, to whose Md. 21205. Article: Ultramicrotome, is intended to be used.” (RCA comment, application the comment pertains; and model “Om U2.” Manufacturer: Rei­ May 5, 1967, par. (3).) Decision: Appli­ the comment filed with the Director must chert, Austria. Intended use of article: cation approved. No instrument or ap­ certify that such copy has been mailed The article will be used to cut more than paratus of equivalent scientific value to or delivered to the applicant. 100 consecutive sections of a single layer such article, for the purposes for which Docket No.: 67-00150-01-77030 Appli­ of cells grown in tissue culture. ^Appli­ such article is intended to be used, is cant: Midwestern University, 3400 Taft cation received by Commissioner of Cus­ being manufactured in the United States. Street, Wichita Falls, Tex. Article: Nu­ toms: June 27, 1967. Reasons: Applicant intends to use the clear Magnetic Resonance Spectrometer, Docket No.: 67-00154-65-61040 Appli­ foreign article in studies of “High Z” model R-20 and accessories. Manufac­ cant: University of California, Lawrence materials such as uranium alloys and turer: Hitachi Ltd., Japan. Intended use other materials which, because of their of article: Applicant states: Radiation Laboratory, Post Office Box 808, End of East Avenue, Livermore, nature, cannot be thinned properly. (Ex­ The instrument will be used primarily in Calif. 94550. Article: Microhardness hibit H to application.) Since these spec­ the training of undergraduate [chemistry] Tester, Nikon High Temperature, model imens cannot be made sufficiently thin, students in NMR technology and for faculty and student research projects. EOFY Type No. 1. Manufacturer: Nippon the electron microscope must be capa­ Kogaku K. K., Japan. Intended use of ble of furnishing an electron beam with Application received by Commissioner article: The article will be used for adequate penetrating power for the of Customs: June 27,1967. measuring and photographically record­ thicker samples. Because penetrating Docket No.: 67-00151-01-77040 Appli­ ing the hardness of metallic and non- power is a function of accelerating volt­ cant: New Mexico State University, Las metallic solids that are at temperatures age, this characteristic is pertinent to Cruces, N. Mex. 88001. Article: Mass to 1600° C. and in a noncorrosive atmos­ the purpose for which the foreign ar­ Spectrometer, Hitachi Perkin-Elmer phere. Application received by Commis­ ticle is intended to be used. The foreign RMU-6E. Manufacturer: Hitachi, Ltd., sioner of Customs: June 28, 1967. article offers a maximum of 100 kilovolts. Japan. Intended use of article: Applicant The domestic manufacturer claims that states: Charley M. D enton, the 100 kilovolt capability of the EMU-4 Director, Office of Scientific and A. Instruct students in mass spectrometry Technical Equipment, Busi­ provides sufficient accelerating voltage and its applications as outlined in the fol­ for the purposes for which the foreign lowing studies. ness and Defense Services Ad­ article is intended to be used and that B. Determination of the molecular weight ministration. the additional 11.5 percent penetrating ?* organic and inorganic compounds with [F.R. Doc. 67-8097; Filed, July 13, 1967; power provided by the foreign article is high precision, and variations in molecular 8:45 a.m .] not a pertinent characteristic. (RCA weight due to isotopic substitution into the molecule. comment, par. (4).) The applicant notes that the increase in penetrating power C. Identification of unknown compound UNIVERSITY OF CALIFORNIA D. Determination of the fragmentatic is around 15 percent and that a 20-per­ patterns of gases, liquids, and solids as Notice of Decision on Application for cent increase has been demonstrated ex­ T?n-ri determining molecular structure. Duty Free Entry of Scientific Article perimentally. (Letter from applicant E. Determination of molecular fragments dated May 12, 1967, p. 1.) mi mechanisms due to electron impact. The following is a decision on an ap­ However, even a difference of 11.5 per­ nnoi+i ^erm.ina^on °* abundance an plication for duty free entry of a scien­ 10n isotopic atomic species in prot cent in penetrating power is significant ,mo‘ecules as a means of determinir tific article pursuant to section 6(c) of because of the additional information nanisms of chemical reactions. the Educational, Scientific, and Cultural derived from observation of the thicker of complex mixtures by gs Materials Importation Act of 1966 (Pub­ samples which are representative of the eintJ!sat08raphlc Partitioning with tt lic Law 89-651; 80 Stat. 897) and the major portion of materials to be inves­ tv,. ®as stream introduced directly in1 regulations issued thereunder (32 F.R. tne mass spectrometer. 2433 et seq.). tigated with the use of the foreign ar­ in of metastable ion transitior A copy of the record pertaining to this ticle. Therefore, we find that the RCA d&naW4-r a ^e^erm^ne whether a suspecte electron microscope is not of equivalent S K ? i0V s a^rue fragment or a decon decision is available for public review position product. during ordinary business hours of the scientific value to the foreign article for J ril+ermi,na^ion °f appearance potential Department of Commerce, at the Office the purposes for which such article is ermination of negative ion spectr of Scientific and Technical Equipment, intended to be used.

FEDERAL REGISTER, V O L 32, NO. 135— FRIDAY, JULY 14, 1967 10380 NOTICES

The Department of Commerce knows to, or loss of, personal property incident .08 The Services Division shall pro­ of no other instrument or apparatus to his service, under the provisions of vide the following services for organiza­ which is of equivalent scientific value Public Law 88-55« (31 U.S.C. 240 et tion units of the Department as to the foreign article for the purposes seq.), filed by an employee (or his duly prescribed in paragraph .03 of this sec­ for which the article is intended to be authorized representative) of the Office tion: Telecommunications, cash receiv­ used and which is being manufactured of the Secretary. For purposes of exercis­ ables, imprest fund, travel services, in the United States. ing this authority, the Director, Office of correspondence routing and control, Administrative Services, is designated mail and messenger services, office ma­ Charley M. Denton, Director, Office of Scientific and Claims Officer. • chine repairs, sales and distribution of Technical Equipment, Busi­ .03 The Director, Office of Adminis­ Department publications, receiving, ship­ ness and Defense Services trative Services, may redelegate his au­ ping, motor vehicle services; and other Administration. thority, to the extent permitted by law, services as assigned. to appropriate officials in the Office of .09 The Property and Records Divi­ [F.R. Doc. 67-8098; Filed, July 13, 1967; Administrative Services and operating sion shall provide the following services 8:45 a.m .] units, subject to such conditions in the for organization units of the Depart­ exercise of such authority as he may pre­ ment as prescribed in paragraph .03 of Office of the Secretary scribe. However, the authority delegated this section: Personal property manage­ to the Director as Claims Officer may not ment, space management, records man­ ORGANIZATION AND DELEGATION be redelegated. agement, forms management, labor OF AUTHORITY Sec. 4 Organization and functions. services, building services liaison with .01 Tfcie Office of Administrative Serv­ General Services Administration,, park­ The orders set forth below were is­ ices shall consist of : ing facilities; and other services as as­ sued by the Assistant Secretary of Com­ Office of the Director. signed. merce for Administration and are Program Development Staff. Sec. 5 Department of Commerce Ad­ published in the Federal Register to Departmental Library Division. ministrative Services Council. There describe the central and field organiza­ Procurement Division. shall be a Department of Commerce Ad­ tion, and the functions and responsibili­ Services Division. Property and Records Division. ministrative Services Council, which ties of the staff offices and staff officers, shall consist of the Director, Office of of the Department of Commerce which .02 The Director shall be an adviser Administrative Services, as Chairman, report to him, and otherwise to to, and serve as the representative of, the Deputy Director, and the chief ad­ comply with the requirements of 5 U.S.C. the Assistant Secretary for Administra­ ministrative services officers of the pri­ 552(a)(1). tion on all matters pertaining to ad­ mary operating units of the Department. Dated: July 11, 1967. ministrative and related support services The Council will meet on call from the throughout the Department consisting Chairman for the purpose of advising and David R. Baldwin, of: Property and supply management, assisting in the development of policy Assistant Secretary procurement, space management, safety, and programs for the maximum effec­ for Administration. motor vehicle management, communi­ tiveness of administrative and faculta­ [Dept. Order 134-1] cations; and other Department-wide tive services throughout the Department. functions as assigned by the Assistant OFFICE OF ADMINISTRATIVE Secretary for Administration. Effective date: June 27, 1967. SERVICES .03 The Director shall also be respon­ [Dept. Order 134-2] sible for providing direct services, per­ S ection 1 Purpose. The purpose of OFFICE OF AUDITS this order is to delegate authority to the formed by the Departmental Library Director, Office of Administrative Serv­ Division, the Procurement Division, the Section 1 Purpose. The purpose of ices, and prescribe the organization and Services Division, and the Property and this Organization and Function Supple­ functions of the Office of Administrative Records Division, for the Office of the ment is to establish the Office of Audits Services. Secretary, and for other operating units as a staff service office in the Office of the in the Department of Commerce as may Assistant Secretary of Commerce for Ad­ S ec. 2 General. The Office of Ad­ be determined by the Assistant Secretary ministration, to delegate authority to ministrative Services shall be headed by for Administration. the Director, and to prescribe the func­ a Director, who shall report and be re­ .04 The Deputy Director shall be the sponsible to the Assistant Secretary for tions of the Office of Audits. chief operating aide to the Director, shall Sec. 2 General. .01 The Office of Administration. The Director shall be provide general direction of the opera­ assisted by the Deputy Director who shall Audits, previously established as the Of­ tions of the Office and shall perform fice of Internal Audit under Department perform the functions of the Director such other duties and assignments as during the latter’s absence. Order No. 175, is hereby established as a the Director may prescribe. staff service office in the Office of the S ec. 3 Delegation of authority. .01 .05 The Program Development Staff Assistant Secretary of Commerce for Pursuant to the authority vested in the shall develop Departmental plans, poli­ Administration. Assistant Secretary of Commerce for cies, standards and control systems, .02 The Office of Audits shall be Administration by Department Order and provide functional assistance and headed by a Director who shaU be an ad­ 134 and subject to the applicable pro­ guidance throughout the Department viser to, and serve as the representative visions of law, regulation, and such pol­ with respect to the management of func­ of, the Assistant Secretary for Adminis­ icies and instructions as the Assistant tions specified in paragraph .02 of this tration in matters relating to auditing, Secretary for Administration may pre­ section. and shall serve as adviser to all Depart­ scribe, the Director, Office of Admin­ .06 The Departmental Library Divi­ mental officials with respect to audit istrative Services, is delegated the sion shall provide direct library services m a tters authority vested in the Assistant secre­ for the Office of the Secretary and such Sec. 3 Delegation of authority. .01 tary for. Administration in the field of other operating units of the Department Pursuant to the authority vested in tne administrative and related support serv­ as may be located in the Commerce Assistant Secretary of Commerce for ices consisting of property and supply Building and serve as a reference source Administration by Department Order No. management, procurement, space man­ for libraries of operating units outside 134 (R ev ised ), an d subject to the appii* agement, safety, motor vehicle man­ the Main Commerce Building. cable provisions of law, regulation an agement, communications, and ‘other .07 The Procurement Division shall such policies and directives as the Assist­ Department-wide functions as assigned. develop plans, policies and standards, ant Secretary for Administration may .02 The Director, Office of Adminis­ and administer and coordinate a pro­ prescribe, the Director, Office of Audits » trative Services, is delegated the au­ gram, for the procurement of property delegated the authority vested in tne thority vested in the Assistant Secretary and services for the Office of the Secre­ Assistant Secretary for Administration for Administration by Department Order tary and assigned operating units in the with respect to auditing the operating, 9 to settle and pay claims for damage Department. administrative, and financial acti

FEDERAL REGISTER, V O L 32, NO. 135— FRIDAY, JULY 14, 1967 NOTICES 10381 ties of all organization units of the [Dept. Order 134-3] review accounting and financial manage­ Department. OFFICE OF BUDGET AND FINANCE ment systems and programs of operating .02 The Director, Office of Audits, may units for conformance with established redelegate his authority to appropriate Section 1 Purpose. The purpose of this policies, standards and criteria, and with officials of the Office of Audits and pri­ order is to delegate authority to the Di­ modern accounting practices, and for mary organization units of the Depart­ rector, Office of Budget and Finance, and effectiveness and efficiency; and provide ment subject to such conditions in the to prescribe the organization and func­ liaison with the General Accounting Of­ exercise of such authority as he may tions of the Office of Budget and Finance. fice, Treasury Department and Bureau prescribe. Sec. 2 General. .01 The Office of of the Budget on accounting and finan­ Budget and Finance is hereby continued cial management matters. Sec. 4. Functions. The Office of Au­ as a staff service office in the Office of the dits shall: .05 The Budget Coordination Division Assistant Secretary of Commerce for shall establish standards and criteria for 1 Develop; prescribe, and coordinate Administration. the Departmental audit policies and preparation of budget estimates and jus­ .02 The Office of Budget and Finance tifications; provide coordination of guidelines for audit organizations in the shall be headed by a Director who shall bureaus and offices to implement the budget programs and activities which report and be responsible to the Assist­ require consolidated action by the De­ programing and execution of compre­ ant Secretary of Commerce for Adminis­ hensive audits; partment; disseminate and interpret tration. The Director shall be assisted by Bureau of the Budget directives and 2 Perform comprehensive audits of a Deputy Director who shall perform the circulars on budget matters; prepare in­ primary organization units that do not functions of the Director during the lat­ structions for submission of budget esti­ have an internal audit staff and prepare ter’s absence. mates and coordinate their preparation related audit reports, including recom­ Sec. 3 Delegation of authority. .01 and review; maintain information on mendations for the improvements of op­ Pursuant to the authority vested in the status and progress of Appropriations erations, to the Assistant Secretary for Assistant Secretary of Commerce for Ad­ Committees activities and appropriations Administration, and direct special audits ministration by Department Order 134 bills; prepare Department budget sum­ and examinations, as required, in the and subject to the applicable provisions maries and analyses; maintain De­ Department’s offices and bureaus; of law, regulation, and such policies and partment’s budget history; coordinate 3 Provide continuous review of audit directives as the Assistant Secretary of administration of interagency budget programs of bureaus and offices to de­ Commerce for Administration may pre­ programs and estimates ; provide techni­ termine whether the scope, emphasis, scribe, the Director, Office of Budget and cal assistance to examining groups and priority and utilization of audit man­ Finance, is delegated the authority vested operating units as requested on technical power are appropriate to the current in the Assistant Secretary for Adminis­ budget matters; and maintain liaison needs of the Department’s offices and tration in the fields of budget and with Bureau of the Budget staff and with bureaus; finance. staffs of Appropriations Committees on 4 Formulate, direct, and prescribe .02 The Director, Office of Budget and budget matters. programs designed to further the career Finance, may redelegate his authority to .06 The Budget Review and Analysis development of individual members of appropriate officials of the Office of Staff shall within their assigned program the audit staffs of the Department’s of­ Budget and Finance and to operating areas examine all budget proposals for fices and bureaus; to obtain high quality units of the Department subject to such conformance to policies, for adequacy of professional staffs of accountants and conditions in the exercise of such author­ justifications and appropriation lan­ auditors; and to obtain appropriate ity as he may prescribe. guage, for existence of statutory authori­ recognition of the professional character Sec. 4 Organization and functions. zation, for feasibility and economy of of the work done by members of the .01 The Office of Budget and Finance the proposals, for accuracy and consist­ audit staffs; Shall comprise: ency of schedules, and for conformity 5 Review, analyze, and evaluate audit a. Office of the Director: Director; with instructions governing submission reports and accomplishments of audit Deputy Director. of budget estimates; examine and clear organizations in the Department’s offices b. Financial Systems Policy Division. apportionment requests; analyze pro­ and bureaus to determine the significance c. Budget Coordination Division. gram and financial plans and proposals and effectiveness of the audit work pro­ d. Budget Review and Analysis Staff. for reprograming for conformance to posed or performed; and to digest and e. Fiscal Services Division. departmental policies and commitments; report to the Assistant Secretary for .02 The Director shall be the Budget maintain a continuous review of the Administration significant findings re­ Officer for the Department of Commerce, status of obligations, expenditures and vealed in these audit reports; shall be the adviser to, and serve as the representative of, the Assistant Secretary program progress; provide staff assist­ 6 Participate in formulating depart­ for Administration in matters relating' ance and advice to Secretarial Officers mental accounting principles, standards, to budget and finance and shall serve as and other officials in the preparation of and procedures through recommenda­ adviser to other departmental officials budgets and related materials, and in the tions contained in audit reports; and with respect to these matters. He shall solution of budgeting and financing 7 Represent the Assistant Secretary problems; evaluate budgeting and finan­ be responsible for the financial manage­ for Administration in conferences and ment of the Working Capital Fund. He cial policies and programs and make negotiations with officials of other Fed­ shall represent the Department on budg­ recommendations to appropriate officials eral agencies or other groups with respect etary and financial matters affecting the when improvements are needed; and to audit matters pertaining to the De­ Department, and shall establish and provide continuous liaison and point of partment’s offices and bureaus; contact between officials in assigned maintain close working relationships program areas and appropriate staff of Sec. 5 Department of Commerce Au­ with the Bureau of the Budget, with the dit Council. There shall be a Department the Office of the Secretary and Bureau Appropriations Committees, and with of the Budget on budget and finance of Commerce Audit Council consisting of other Government agencies. matters. ® Director, as Chairman, and the heads .03 The Deputy Director shall be the of the various audit organizations of the chief operating aide to the Director, shall .07 The Fiscal Services Division shall Department’s offices and bureaus as provide general direction of the opera­ manage the Working Capital Fund and, members. The Council will meet on call tions of the office, and shall perform such on a reimbursable basis through the rom the Chairman for the purpose of other duties and assignments as the Di­ Working Capital Fund, shall provide ac­ assisting in the development of depart­ rector may prescribe. counting and financial reporting services mental audit; policies necessary to .04 The Financial Systems Policy Di­ to the Office of the Secretary and other acnieve maximum effectiveness of the vision shall formulate policies, and estab­ operating units ; provide payrolling serv­ audit activity throughout the Depart­ lish standards and criteria for systems ices to the Office of the Secretary and ment. of accounting, for administrative control other operating units; render consoli­ of funds and other financial resources, dated financial reports for the Depart­ Effective date: January 28, 1963. and for managerial-financial reporting; ment ; and provide budget and related

FEDERAL REGISTER, VOL. 32, NO. 135— FRIDAY, JULY 14, 1967 10382 NOTICES financial services for General Admin­ disaster assistance, and shall serve as that Department resources will be istration, other funds of operating units adviser to other Departmental officials promptly mobilized to provide assistance and miscellaneous accounts. with respect to these matters. to States and local governments in major Sec. 5 Department of Commerce .02 The Office of Emergency Readi­ disasters. Budget and Finance Councils. .01 There ness shall: 10. Provide guidance to State govern­ shall be a Department of Commerce а. Pre-emergency planning. 1. Direct ments, primarily through the Regional Budget Council, which shall consist of the the development, coordination, testing, Emergency Planning Coordinators, in de­ Director, as Chairman, the Chief, Budget evaluation and implementation of emer­ veloping and testing State plans for the Coordination Division, and the budget gency preparedness plans and programs emergency management of national re­ officers of the primary operating units. for the continuity of essential functions, sources assigned to the Department, by The Council will meet on call from the civil defense, defense mobilization, and the Office of Emergency Planning’s Com­ Chairman for the purpose of advising assistance in a major disaster. prehensive Program for the Emergency and assisting in the development of 2. Represent the Department on inter­ Management of Resources, and The Na­ budget policies and programs necessary agency defense mobilization and civil de­ tional Plan for Emergency Preparedness. to achieve maximum effectiveness of such fense planning committees, boards, 11. Participate in planning and eval­ activities throughout the Department. working groups, and related activities. uation of periodic National, Regional .02 There shall be a Department of 3. Serve as the Department’s princi­ and/or Department emergency tests and Commerce Finance Council, which shall pal liaison with the Office of Emergency exercises. consist of the Director, as Chairman, the Planning in the Executive Office of the 12. Keep the Secretary, Assistant Chief, Financial Systems Policy Division, President, the Office of Civil Defense in Secretary for Administration, and the and the chief finance or accounting of­ the Department of Defense and other other officials of the Department advised ficer of each primary operating unit. The Federal, State, and local governments, as to the current status of readiness and Council will meet on call from the Chair­ departments and agencies to assure the capability to carry out emergency func­ man for the purpose of advising and correlation and compatibility of pre­ tions of the Department. assisting in the development of finance paredness plans and programs and the b. Preemergency operations. 1. De­ and accounting policies and programs maximum utilization of existing re­ velop and coordinate Department Orders necessary to achieve maximum effective­ sources and capabilities of the Depart­ and Administrative Orders pertaining to ness of such activities throughout the ment. emergency preparedness planning, pro­ Department. 4. Provide leadership, guidance, and cedures, operations and related programs Effective date: October 18, 1966. assistance to bureaus and offices in the of the Department. development of plans which provide for 2. Review and evaluate emergency [Dept. Order 134—4] an operational capability to carry out preparedness programs in the budgets OFFICE OF EMERGENCY their essential emergency functions. of bureaus and offices of the Department 5. Assure the preparation of emer­ and participate in the revision of esti­ READINESS gency readiness plans for the offices in mates of appropriations affecting the S e c t io n 1 Purpose. The purpose of the Office of the Secretary. programs; this order is to delegate authority to the б. Develop and administer the Depart­ 3. Control the issuance and revision of Director, Office of Emergency Readiness, ment’s policy on: approved plans and supporting docu­ and prescribe the functions of the Office (a) The acquisition, maintenance and ments forming the Department’s emer­ of Emergency Readiness. operations of all emergency relocation gency plans for the continuity of es­ Sec. 2 General. The Office of Emer­ sites; sential functions and operations; gency Readiness shall be headed by a (b) The continuity of essential func­ 4. Establish a Departmental emer­ Director, who shall report and be re­ tions, including: line of succession, pre­ gency operations center for the Main sponsible to the Assistant Secretary for delegation of emergency "authorities, Commerce Building and a Headquarters Administration. The Director shall be composition and training of relocation relocation site; assisted by a Deputy Director, who shall cadres, emergency essential records pro­ 5. Establish and maintain a Defense perform the functions of the Director gram, emergency communications, as­ Condition Alerting Schedule for Wash­ during the latter’s absence. signment and training of the Communi­ ington Headquarters of the Department; Sec. 3 Delegation of authority. .01 cations Corps, civil defense and disaster 6. Coordinate the Department’s Na­ Pursuant to the authority vested in the control organization and training, dam­ tional Defense Executive Reserve pro­ Assistant Secretary of Commerce for Ad­ age assessment, and tests and exercises; gram; ministration by Department Order 134, (c) The National Defense Executive 7. Establish and maintain a program and subject to the applicable provision Reserve; for the selection, protection, and report­ of law, regulation, and such policies, di­ (d) Code of Emergency Federal Regu­ ing of records essential to the emergency rectives and instructions as the Assist­ lations; and functions of the Department; ant Secretary for Administration may (e) Natural and other major disaster 8. Assign responsibility for the con­ prescribe, the Director, Office of Emer- assistance. trol of radiological material issued to the - gency Readiness, is delegated the author­ 7. Review and appraise the emergency Department under Atomic Energy Com­ ity vested in the Assistant Secretary for plans and programs developed by the mission license, together with instru­ Administration in the fields of national bureaus and offices of the Department ments, for training and operations; emergency plans and programs of the to determine their adequacy, complete­ 9. Develop and exercise functional Department for the continuity of essen­ ness, feasibility, and operational capa­ control over civil defense, disaster con­ tial functions, civil defense, defense mo­ bility to be implemented under the vari­ trol, damage assessment, and related bilization, disaster assistance, and related ous contingencies, in terms of the as­ organization, training and operations activities. signed emergency functions and The Na­ programs of the Department; .02 The Director, Office of Emergency tional Plan for Emergency Preparedness. 10. Control approval of the obligation Readiness, may redelegate his authority 8. Assure the development of a civil of funds for emergency relocation activ­ to appropriate officials of the Office of defense and disaster control program for ities charged against the Working Cap­ Emergency Readiness, and operating the Department, and the development ital fund; units of the Department subject to such and maintenance of a capability to pro-? 11. Coordinate the plans, announce­ conditions in the exercise of such author­ vide for the protection and welfare of ments, and arrangements for personnel, ity as he may prescribe. employees at regular and emergency re­ facilities, supplies and equipment re­ Sec. 4 Functions. .01 The Director location sites. This includes radiological quired for the Department’s participa­ shall be an adviser to, and serve as the monitoring and reporting, first aid, res­ tion in civil defense and defense mobili­ representative of, the Assistant Secre­ cue, fire fighting, and the supervision zation tests and exercises; and tary for Administration on all programs control of protective facilities, services, 12. Coordinate the submission of tne of the Department pertaining to the con­ and other related welfare activities. Department’s reports to the Joint Com­ tinuity of essential function, civil defense, 9. Coordinate the plans and proce­ mittee on Defense Production and other and defense mobilization activities, and dures of bureaus and offices to assure Congressional inquiries as well as reports

FEDERAL REGISTER. VOL. 32, NO. 135— FRIDAY, JULY 14, 1967 NOTICES 10383 requested by the Office of Emergency headquarters facilities for the Depart­ b. The Deputy Director, who shall be Planning, Office of Civil Defense, Gen­ ment; the chief operating aide of the Director, eral Services Administration and other (c) Plan, develop and maintain in op­ and in addition shall be responsible for agencies. erational readiness a network of emer­ functions related to personnel security; c. Emergency operations. 1. Activate gency communications for the Depart­ and and manage a Departmental emergency ment including (1) the development and c. The Assistant Director for Physical operations facility in the Main Com­ maintenance of emergency communica­ and Documentary Security, who shall be merce Building; and tions; (2) standing operating procedures; responsible for functions related to 2. Activate and operate an emergency(3) recruitment, training, and mainte­ physical and documentary security. operations facility at the Department’s nance of operating proficiency of the De­ .02 The functions of the Office of In­ Headquarters relocation site. partment’s Communications Corps; and vestigations and Security shall include d. Field activities. 1. Provide support (4) periodic tests and exercises of com­ the following: through Regional Emergency Planning munications equipment, systems and a. Investigations. 1. Conduct all liai­ Coordinators assigned to the Office of facilities; and son with investigative agencies of the Emergency Planning/Office of Civil De­ id) Maintain cognizance over Depart­ Federal Government and with local gov­ fense Regional offices as follows; ment assistance in major disasters. ernments (State, county and municipal) (a) Represent the Department on re­ Effective date: June 27, 1967. on matters of personnel suitability or se­ curity; and gional, State, and local government [Dept. Order 134-5] committees, boards and working groups 2. Investigate suspected misconduct involved in emergency preparedness OFFICE OF INVESTIGATIONS and impropriety on the part of em­ plans and programs, including continu­ AND SECURITY ployees of the Department which are ity of essential functions, emergency brought to the attention of the Director, management of resources, civil defense, S e c t io n 1 Purpose. The purpose of Office of Investigations and Security. this order is to delegate authority to the b. Personnel security. 1. Develop and disaster assistance, and related activi­ Director, Office of Investigations and ties; recommend policies and procedures for (b) Provide guidance and assistance Security, and prescribe the organization the treatment of all security questions to those elements of State governments and functions of the Office of Investi­ pertaining to personnel security within charged with preparedness planning for gations and Security. the Department ; the emergency management of resources Sec. 2 General. The Office of Investi­ 2. Develop, initiate, and supervise for which the Department has been gations and Security shall be headed by programs for the training and indoc­ assigned responsibilities; a Director who shall report and be re­ trination of personnel in internal secu­ (c) Serve as the Department’s princi­ sponsible to the Assistant Secretary for rity and the maintenance of security pal adviser to the Directors of the respec­ Administration. The Director shall be as­ discipline; tive Office of Emergency Planning/Office sisted by a Deputy Director who shall 3. Receive and process all requests for of Civil Defense Regions on matters re­ perform the functions of the Director security clearance of employees to be as­ lating to the bureau and office functions during the latter’s absence. signed to positions that require access of the Department of Commerce; Sec. 3 Delegation of authority. .01 to classified information, material, or (d) Serve as liaison between the field Pursuant to the authority vested in the restricted areas, and review and deter­ installations of the Department and the Assistant Secretary of Commerce for Ad­ mine the security status of personnel Office of Emergency Planning/Office of ministration by Department Order 134, cases which involve the appraisal of de­ Civil Defense Regional Directors in and subject to the applicable provisions rogatory information in connection with emergency preparedness matters; of law, regulation, and such policies and the issuance of certificates of person­ (e) Coordinate the emergency pre­ directives as the Assistant Secretary for nel security clearance, the imposition of paredness planning of field installations; Administration may prescribe, the Direc­ security restrictions on individual em­ (f) Provide guidance and assistance tor, Office of Investigations and Security, ployees, and other decisions affecting to field installations in the selection, ac­ is hereby delegated authority vested in personnel security considerations; quisition and maintenance of relocation the Assistant Secretary for Administra­ 4. Initiate, conduct, and control all sites to be utilized as emergency operat­ tion with respect to investigations, per­ investigations necessary in the security ing facilities in the event of a national sonnel security, physical security, and clearance of individuals for whom cer­ defense emergency; general security. tificates of security clearance have been (g) Establish and maintain an emer­ .02 The Director, Office of Investiga­ requested as provided in the Depart­ gency essential records file at the Office tions and Security, may redelegate his mental security regulations; of Emergency Planning/Office of Civil authority to appropriate officials of the 5. Issue certificates of security clear­ Defense emergency operations center, Office of Investigations and Security and ance to appropriate offices upon request and provide guidance and advice to field to operating units of the Department after determination of employee’s eligi­ installations on provisions for emergency subject to such conditions in the exer­ bility for such clearance within the se­ essential records; cise of such authority as he may pre­ curity regulations of the Department of (h) Establish and maintain a Re­ scribe. Commerce; gional Defense Condition (DEFCON) S e c . 4 Organization and functions. 6. Initiate action, when deemed ad­ Alerting Schedule for field installations; .01 The principal officials of the Office visable, to withhold security clearance (i) Participate in planning and evalu­ of Investigations and Security and their for classified information and material ation of periodic Regional, State and/oi responsibilities are as follows: and, where appropriate, recommend ac­ local government emergency prepared­ a. The Director, who shall be the De­tion in accordance with the provisions of ness tests and exercise; and partment Security Officer and shall be an Public Law 733, 81st Congress, Executive (j) Prepare reports on the status of adviser to, and serve as the representa­ Order 10450 of April 27, 1953, as amend­ emergency preparedness plans, programs tive of, the Assistant Secretary for Ad­ ed, and regulations issued pursuant and operations. ministration on matters relating to thereto; and 2. Furnish Departmental representa- investigations, personnel security, physi­ 7. Carry out any other functions in­ ion at the Office of Emergency Plan­ cal security, and general security; serve herent in the responsibility for the es­ ning special facility division. The De­ as adviser to all other Departmental offi­ tablishment and maintenance of per­ partmental representative shall: cials with respect to these matters; plan, sonnel security within the Department or (a) Serve as liaison officers for the coordinate, and review Departmental implicit in this order. rPCTPa^ men^ officials of the division policies, programs, and procedures with c. Physical security. 1. Establish ap­ tire,« lr!f national emergency plans and respect to these matters; and serve as the propriate policies and procedures with preparedness programs for the con­ liaison representative of the Department tinuity of Government; respect to physical security pertaining with other Departments of Government to the safeguarding of classified docu­ ^ ^ Provide surveillance over emer­ and outside agencies on matters pertain­ ments, information, material, and the gency relocation sites established as ing to security; protection of restricted areas;

FEDERAL REGISTER, VOL. 32, NO. 135— FRIDAY, JULY 14, 1967 10384 NOTICES

2. Prescribe minimum security re­ pertaining to personnel programing and areas of employment, career planning, quirements of the Department with re­ management, which covers the direction, manpower controls, employee utilization! spect to all classified documents, publi­ administration, and processing of all labor and employee relations, equai cations, and material; personnel matters including manpower employment opportunity, and related 3. Prescribe the necessary protective controls, employee utilization, labor rela­ matters. measures with respect to classified and tions and health (with respect to em­ .06 The Employee Development Divi­ restricted areas; ployees of the Department), equal em­ sion shall plan and coordinate Depart­ 4. Prescribe policies and procedures ployment opportunity with respect to ment-wide programs and activities in the governing the access of visitors to clas­ Federal employment (except as otherwise broad areas of employee training and de­ sified areas and information; and provided by directives of the Depart­ velopment, e m p lo y e e performance ment) , and related activities in the De­ evaluation, employee recognition and in­ 5. Establish and enforce regulations partment of Commerce. for the control of all visitors (other thanx centives (including suggestions and casual) to the unclassified areas of the .02 The Director, Office of Personnel, awards), communication with employees, Department. may redelegate his authority to appro­ employee services and activities, general priate officials of the Office of Personnel reports, administrative services for the d. General security. 1. Represent theand to operating units of the Department Office of Personnel, and related matters. Department on all interdepartmental subject to such conditions in the exer­ committees dealing with security; .07 The Medical Division shall plan cise of such authority as he may pre­ and coordinate Department-wide policies 2. Prepare and present security prob­ scribe. and programs in employee health serv­ lems of an interdepartmental character S ec. 4 Organization and functions. ices; represent the Director of Personnel to the appropriate security committees; .01 The Office of Personnel shall com­ in maintaining professional medical liai­ 3. Serve as a focal point for the re­ prise: son with the U.S. Public Health Service, ceipt, examination and treatment of all a; Office of the Director: Director; U.S. Civil Service Commission, and other security questions presented to or aris­ Deputy Director. appropriate agencies; provide advice, ing within the Department which require b. Policy Division. assistance, and consultative services to Departmental action; c. Compensation Division. operating units in employee health mat­ 4. Develop and carry out periodic tests d. Career Management Division. ters as requested; and plan and conduct of the adequacy of the internal security e. Employee Development Division. the employee health service programs of of the Department; and f. Medical Division. the Department’s central health unit. 5. Receive all reports of investigation g. Operations Division. .08 The Operations Division shall of applicants for employment and per­ .02 The Director, Office of Personnel, conduct personnel operations for the Of­ sonnel of the Department; and, depend­ shall be the Director of Personnel for the fice of the Secretary and such other oper­ ing upon the nature of information de­ Department of Commerce and shall be ating units as may be specified by the Di­ veloped during the investigation, channel an adviser to, and serve as the represent­ rector of Personnel. such information to the appropriate or­ ative of, the Assistant Secretary for .09 Any of the functions described ganization official for proper handling. Administration in all matters relating above may be performed by any officer, S ec. 5 Policy support. The Director, to personnel, including manpower con­ employee, or agency of the Department Office of Investigations and Security may trol and utilization, labor relations and as specified by the Director of Personnel. on occasion call upon the persons desig­ health (with respect to employees of the S ec. 5 Department of Commerce Per­ nated as Security Officers of the organi­ Department), equal employment oppor­ sonnel Council. There shall be a Depart­ zations of the Department and upon the tunity with respect to Federal employ­ ment of Commerce Personnel Council, Director of Personnel or his representa­ ment (except as otherwise 'provided by which shall consist of the Director, Office tive for assistance in formulating poli­ directives of the Department), and shall of Personnel, as Chairman, and the per­ cies and procedures relating to the func­ serve as adviser to all other departmen­ sonnel officers for all operating units. The tions described in this order, to promote tal officials with respect to these matters. Council will meet on call from the Chair­ uniform practices, and to provide a The functions assigned herein include man for the purpose of advising and as­ means whereby security matters affecting representation on behalf of the Depart­ sisting in the development and integra­ more than one organization may be ment on boards and committees and be­ tion of personnel policies and programs handled in an orderly and uniform fore other branches of the Government necessary to achieve maximum effective­ manner. concerned with the activities described ness of such activities throughout the Effective date: May 29,1967. herein. Department. The Director shall be assisted in carry­ S ec. 6 Saving provision. All outstand­ [Dept. Order 134-6] ing out his duties by a Deputy Director, ing delegations, rules, regulations, orders, OFFICE OF PERSONNEL who shall be the chief operating aide to certificates, and other actions issued by the Director, serve as authorized alter­ or relating to the Office of Personnel S ection 1 Purpose. The purpose of nate for the Director, and perform other shall remain in effect until amended or this order is to delegate authority to the duties as assigned. revoked by proper authority. Director, Office of Personnel, and to pre­ scribe the organization and functions of .03 The Policy Division shall, in con­ Effective date: December 6, 1966. the Office of Personnel. junction with the appropriate division [Dept. Order 134-7] chiefs, plan and coordinate matters re­ S ec. 2 General. The Office of Person­ nel shall be headed by a Director, who lating to the development of personnel OFFICE OF PUBLICATIONS programs within the Department, man­ shall report and be responsible to the S ection 1 Purpose. The purpose of this Assistant Secretary for Administration. agement aspects of the direction and con­ order is to delegate authority to the Di­ The Director shall be assisted by a trol of the personnel program, formula­ rector, Office of Publications, and pre­ Deputy Director, who shall perform the tion and issuance of personnel policy, scribe the organization and functions of functions of the Director during the lat­ personnel systems and procedures (in­ the Office of Publications. ter’s absence and at other times as speci­ cluding personnel records and reports), S ec. 2 General. The Office of Publi­ fied by the Director. personnel program evaluation, and other cations shall be headed by a Director, S ec. 3 Delegation of authority. .01 matters as assigned. who shall report and be responsible to the Pursuant to the authority vested in the .04 The Compensation Division shall Assistant Secretary for Administration. Assistant Secretary for Administration plan and coordinate Department-wide The Director shall be assisted by a by Department Order 134, and- subject programs and activities in the broad Deputy Director, who shall perform the to such policies and directives as the As­ areas of position classification and pay functions of the Director during the lat­ sistant Secretary'for Administration may administration, allowances, hoürs, and ter’s absence. M prescribe, the Director, Office of Person­ tours of duty, and related matters. S ec. 3 Delegation of authority. .01 nel, is delegated the authority vested in .05 The Career Management Division Pursuant to the authority vested in the the Assistant Secretary for Administra­ shall plan and coordinate Department­ Assistant Secretary of Commerce for Ad­ tion to take final action on all matters wide programs and activities in the broad ministration by Department Order 134

FEDERAL REGISTER, V O L 32, NO. 135— FRIDAY, JULY 14, 1967 NOTICES 10385 and subject to the applicable provisions .04 The Publications Policy and De­ authority vested in the Assistant Secre­ of law, regulation, and such policies and velopment Division shall review requests tary for Administration with respect to directives as the Assistant Secretary for for new Commerce publications against organization planning, the improvement Administration may prescribe, the Direc­ policies and standards of the Depart­ of management systems, techniques, and tor, Office of Publications, is delegated ment; advise bureaus and offices con­ practices, and the development and con­ the authority vested in the Assistant cerning publication possibilities; analyze duct of Department-wide management Secretary for Administration in the the desirability of consolidation or elimi­ improvement programs. fields of publications, printing, and allied nation of existing publications; provide .02 The Director, Office of Manage­ activities, including the. approval of specialized guidance to bureaus and of­ ment and Organization, may redelegate prices for publications sold to the public. fices of the Department on publications his authority to appropriate officials of .02 The Director, Office of Publica­ projects; provide writing and editing as­ the Office of Management and Organiza­ tions, may redelegate his authority to sistance in the preparation of publica­ tion and to operating units of the De­ appropriate officials of the Office of Pub­ tions; review all publications material partment subject to such conditions in lications and operating units of the De­ for conformance to publications policies the exercise of such authority as he may partment subject to such conditions in and standards; and direct the Depart­ prescribe. the exercise of such authority as he may ment’s publications sales promotion S ec. 4 Organization and functions. prescribe. programs. .01 The Office of Management and Or­ Sec. 4 Organization and functions. .05 The Design and Graphics Divi­ ganization shall consist of : .01 The Office of Publications shall sion shall provide central design, illus­ tration, and graphics services and pre­ Office of the Director. comprise: pare or procure the necessary design, ADP Planning Officer. Office of the Director. Management Analysis Staff. * illustration, and art work for all publi­ Administrative Controls Division. Financial Management Division. cations. Publications Policy and Development .02 The Director shall be an adviser Division. .06 The Printing Planning Division Design and Graphics Division. shall procure or approve for procure­ to, and serve as the representative of, the Printing Planning Division. ^ ment all printing and binding and re­ Assistant Secretary for Administration Printing Production Division. lated services for bureaus and offices of on all matters pertaining to functions of the Department; control and schedule the Office of Management and Organi­ .02 The Director, Office of Publica­ zation and shall serve as adviser to other tions, shall be an adviser to, and serve as all printing operations; and investigate and analyze new^printing methods. Departmental officials with respect to the representative of, the Assistant Sec­ these matters. retary for Administration in matters re­ .07 The Printing Production Division lating to publications, printing and allied shall operate the Department’s central .03 The Office of Management and activities, and serve as adviser to all printing plant, and provide all composi­ Organization assists the Assistant Secre­ other Departmental officials with respect tion, microphoto, photographic, printing, tary for Administration in the continu­ to these matters; formulate, direct, and and addressing and mailing services. ing improvement of the organization and coordinate the development of publica­ S ec. 5. Department of Commerce management of the Department. Spe­ tions and printing policies and activities; Publications, Graphics Development, and cifically, the Office will: procure or approve for procurement all Printing Council. There shall be a De­ a. As requested or approved, organize, printing, binding, and allied reproduction partment of Commerce Publications, conduct or collaborate in major manage­ and publications distribution equipment; Graphics Development, and Printing ment surveys and studies throughout the develop standards for essentiality, utility, Council, which shall consist of the Direc­ Department designed to improve organi­ content, format and style for all publi­ tor, Office of Publications, as Chairman, zational structure, introduce new or im­ cations; direct the activities of the De­ and representatives from the operating proved management systems and tech­ partment’s central printing plant and units. The Council will meet on call from niques, or otherwise increase efficiency, related graphics and photographic ac­ the Chairman for the purpose of advis­ effectiveness, and economy of operations; tivities; manage the Working Capital ing and assisting on publications, graph­ and participate, as appropriate, in im­ Fund for printing and related activities; ics and printing policies and procedures plementing accepted recommendations; and conduct sole liaison (a) between the and to consult on problems of common b. Advise Departmental and bureau- Department of Commerce and Joint interest. level officials on questions of organization Committee on Printing and Binding and Effective date: June 27, 1967. structure and management systems, between the Department of Commerce techniques, and practices; and provide and the Government Printing Office on [Dept. Order 134-8] functional guidance to staff elements printing matters, \and (b) between the OFFICE OF MANAGEMENT AND throughout the Department specializing in organization and management studies Department of Commerce and the Su­ ORGANIZATION perintendent of Documents on publica­ and other general management improve­ tions pricing, sales, distribution, promo­ S ection 1 Purpose. The purpose of ment efforts; tion and mailing list activities. He shall this order is to delegate authority to the c. Develop Department-wide manage­ represent the Assistant Secretary for Ad­ Director, Office of Management and ment improvement programs, collabo-, ministration on boards and committees Organization, and prescribe the organi­ rating with other staff service offices of and before other branches of the Gov­ zation and functions of the Office of the Assistant Secretary for Administra­ ernment concerned with the activities Management and Organization. tion as appropriate; and monitor imple­ described herein. The Deputy Director S ec. 2 General. The Office of Manage­ mentation throughout the Department of who shall be the chief operating aide to ment and Organization shall be headed such programs; , , ^ rec^°r. provides general direction by a Director, who shall report and be d. Promote the development and inter­ "ie operations of the Office, serves as responsible to thë Assistant Secretary change of knowledge throughout the De­ tne authorized alternate for the Director, for Administration. The Director shall partment about advances in the Science d performs other duties as assigned. be assisted by a Deputy Director, who and practice of management; and spon­ , TJle Financial Management Divi- shall perform the functions of the Di­ sor, organize or collaborate with others . s , * Pian and direct the financial rector during the latter’s absence. in various efforts designed to bring use­ control operations related to the Depart- S ec. 3 Delegation of authority. .01 ful management knowledge to managers 2 2 : 5 printing plants; develop guide- Pursuant to the authority vested in the and others throughout the Department; °°£ controls for all printing, Assistant Secretary of Commerce for Ad­ e. Assist bureaus and offices in identi­ ami g, an^ related activities; review ministration by Department Order 134, fying and exploiting opportunities to in­ and co.sts of printing, binding and subject to the applicable provisions crease economy, efficiency and effective­ elated activities and develop uni- of law, regulation, and such policies and ness of operations through the use of orm price schedules; and prepare re- directives as the Assistant Secretary of automatic data processing equipment; Commerce for Administration may pre­ develop and monitor Department-wide urred reports relating to the activities scribe, the Director, Office of Manage­ policies and standards on the utilization of the Office of Publications. ment and Organization, is delegated the of ADP equipment; and organize and

No. 135—Pt. I__ 7 FEDERAL REGISTER, V O L 32, NO. 135— FRIDAY, JULY 14, 1967 10386 NOTICES sponsor programs and other efforts to c. Develop orders, policy statements, 1. (a) A new subparagraph .01a.3. Is capitalize on ADP capabilities and ex­ regulations, and other directives de­ added to read: periences within the Department for the signed to amplify and stress the policy (b) Subparagraph .01a.2. is amended benefit of the Department as a whole; of equal opportunity throughout the De­ by deleting the word “and” at the end f. Manage the primary issuance sys­ partment and follow up with Secretarial thereof, and subparagraph .01a.3. is re­ tems of the Department, and coordinate Officers and heads of primary operating designated as .01a.4. units to assure their proper implemen­ the review and issuance of individual di­ (c) A new paragraph .03 is added to rectives thereto; and develop and moni­ tation; read: tor standards for administrative issuance d. Provide staff assistance to the As­ systems throughout the Department; sistant Secretary for Administration in Sec. 4. Delegation of authority. and his role as the Department’s Contracts 3. Coordination of the Federal Co- g. Develop policies, standards, and Compliance Officer; chairmen as required by section 601(a) general procedures for the management e. Gather and synthesize materials for of the Act, and.” by bureaus and offices of records, forms, reports, review legislation and make rec­ .03 The Assistant Secretary shall keep correspondence, and committees; pro­ ommendations for its implementation in the Secretary personally advised of all vide specialized guidance to bureaus and the Department, and undertake other major proposals or actions taken by or offices on these matters; and exercise major assignments to carry out his as­ affecting any Regional Commission, and Departmental appraisal of bureau and signed responsibilities; the Secretary may take such personal office activities in these areas. - f. Maintain technical surveillance action with respect to such matters as Sec. 5 Department of Commerce Man­ over, and provide guidance to the oper­ he may deem appropriate. agement Improvement Council. There ating units in the implementation of the 2. Paragraph .04 is revised to read: shall be a Department of Commerce Department’s equal opportunity respon­ Sec. 5. General functions. .04 Under Management Improvement Council, sibilities, policies and regulations, includ­ the direction and on behalf of the Sec­ which shall consist of the Director, or ing, but not limited to, the conduct of retary, provide staff assistance to Re­ his alternate, as Chairman, and such compliance reviews, complaint investiga­ gional Commissions and Federal Co- officers of the operating units as are tions and other matters related to ne­ chairmen and develop and recommend designated by the heads thereof. The gotiation, conciliation and enforcement; consistent Federal policy regarding Re­ Council will meet on call from the Chair­ g. Review and make recommendations gional Commissions; and provide a staff man to advise and assist in the develop­ with respect to regulations, rules, direc­ review of plans and proposals of the Re­ ment of general management improve­ tives, interpretations and other mate­ gional Commissions, and assist in the ment programs, exchange ideas and ex­ rials having general applicability prior presentation of such programs to other to their issuance by the Secretarial Offi­ concerned Federal agencies. periences toward making such programs cers and heads of primary operating more effective, and propose or sponsor Effective date: July 6, 1967. activities designed to advance the skills units. This review shall be undertaken and practices of management analysts in conjunction with the Office of the David R. Baldwin, and related staff specialists throughout General Counsel; Assistant Secretary h. Serve as Deputy Contracts Compli­ for Administration. the Department. ance Officer for the Office of the Effective date: June 27, 1967. Secretary; [F.R. Doc. 67-8131; Filed, July 13, 1967; 8:48 a.m .] [Dept. Order 134-9] i. Represent, as designated, the De­ partment in meetings and conferences SPECIAL ASSISTANT FOR EQUAL with other governmental agencies, and [Dept. Order 5-B; Arndt. 1] OPPORTUNITY private groups with respect to the equal opportunity policies and programs of the ECONOMIC DEVELOPMENT Section 1 Purpose. The purpose of this ADMINISTRATION order is to prescribe the functions of the Department and its primary operating units; and Organization and Functions Special Assistant for Equal Opportunity j. Perform such other functions as the in the Office of the Assistant Secretary Assistant Secretary for Administration This material amends the material for Administration. may prescribe. appearing in 31 F.R. 16729-16731 of De­ Sec. 2 General. The Special Assistant .02 The Special Assistant for Equal cember 30, 1966. for Equal Opportunity is, except for Opportunity shall, as requested, furnish Department Order 5-B, dated Decem­ functions relating to employment in the technical staff assistance to the Assist­ ber 22, 1966, is hereby amended as Department, the principal staff assistant ant Secretary for Administration with follows: to the Assistant Secretary for Adminis­ respect to the program of equal employ­ 1. Paragraph .01 of Section 3 is re- tration with respect to the latter’s re­ ment opportunity for positions in the vised t/O rcfl/d * sponsibilities for fulfilling the objectives, Department of Commerce, with particu­ Sec. 3 Functions of the Office of the and effecting compliance throughout the lar reference to the investigation, ad­ Assistant Secretary for Economic Devel­ Department with the requirements, of justment, and adjudication of complaints opment. .01 The Assistant Secretary Title VI of the Civil Rights Act of 1964, and the preparation of reports on the directs the programs and is responsible Executive Order 11246, Executive Order status of complaints. for the conduct of all activities of the 11247, and any other statutes, Executive Economic Development Administration Orders and regulatory provisions relat­ Effective date: November 23, 1966. subject to the policies and directives ing to equal opportunity. [F.R. Doc. 67-8132; Filed, July 13, 1967; prescribed by the Secretary of Com­ Sec. 3 Functions. .01 The Special As­ 8:48 a.m .] merce. He assists the Secretary in the sistant for Equal Opportunity shall, with general supervision and coordination oi respect to the subject-matter areas spec­ [Dept. Order 5Â; Arndt. 1] the Federal Cochairmen and in the res­ ified in section 2 of this order: olution of policy questions between the a. Provide advice and assistance to op­ ASSISTANT SECRETARY OF COM­ Federal Cochairmen, the Federal Devel­ erating units in establishing and main­ MERCE FOR ECONOMIC DEVELOP­ opment Committees and other Federal taining their equal opportunity pro­ MENT agencies. grams. 2. Subparagraphs .01a. and .Oil. ar b. Review and appraise policies and Delegation of Authority revised to read: .. practices throughout the Department re­ The following amendment to the or­ Sec. 5 Functions of the Office oj tie lating to equal opportunity and on the der was issued by the Secretary of Com­ Deputy Assistant Secretary for Eco­ basis of such study, develop and recom­ merce on July 6, 1967. This material nomic Development Planning, a. Coor mend the adoption of new or revised pro­ amends the material appearing at 31 nate and direct EDA economic develop­ grams and policies to ensure that the F.R. 16728-16729 of December 30, 1966. ment planning relating to regions., Department’s activities in this area are Department Order 5-A, dated Decem­ tricts (including economic development consistent with the spirit and require­ ber 22, 1966, is hereby amended as centers), redevelopment areas, and o ments of law and Executive Order; follows: areas of substantial need;

FEDERAL REGISTER, V O L 32, NO. 135— FRIDAY, JULY 14, 1967 NOTICES 10387

i. Provide a principal point of liaison Maritime Administration for good cause. The exchange contract with and support to the Federal Co- will provide that in the event the appli­ chairmen and Regional Commissions. UNION CARBIDE CORP. cant fails to complete the conversion within the time stipulated, there shall Effective date: July 7, 1967. Notice of Allocation of Hospital become due and payable liquidated dam­ D avid R. B aldwin, Ship “ U.S.S. Haven” ages in the sum of $1,000 per day for Assistant Secretary In F.R. Doc. 67-5699 appearing in the failure to complete the conversion and for Administration. F ederal R egister issue of May 20, 1967 should this default continue for a period [PJR. Doc. 67-8133; Filed, July 13, 1967; (32 F.R. 7512), notice was given that of more than 60 days, the exchange con­ 8:48 a.m .] pursuant to the Ship Exchange Act (sec. tract will be subject to termination at 510 (i) of the Merchant Marine Act, 1936, the option of the Maritime Administra­ as added by Public Law 86-575 and tion in which event title and possession [Dept. Order 117-B; Amdt. 2] amended by Public Law 89-254, 46 U.S.C. of the U.S.S. Haven will be returned to MARITIME ADMINISTRATION 1160(D), one C4-S-B2 Hospital Ship, the U.S. Government, without obligation U.S.S. Haven, owned by the United States to the applicant. Organization and Functions of America, represented by the Secretary (7) The assignment of the U.S.S. Haven is conditioned upon title to the The following amendment to the order of Commerce, acting by and through the Maritime Administrator, was available ship being taken by the applicant or a was issued by the Secretary of Commerce closely related company. on June 28, 1967. This material amends for trade-out to a nonsubsidized Ameri- the material appearing at 31 FJt. 8246- can-flag steamship operator in exchange By order of the Acting Maritime 8248 of June 11, 1966, and 32 F.R. 7297- for its older and less efficient ship in ac­ Administrator. cordance with the terms therein stated. 7298 of May 16,1967. Dated: July 10, 1967. Department Order 117-B, dated May On the basis of a review of applica­ 20, 1966, as amended, is hereby further tions received in relation to the criteria J ohn M. O’Connell, amended as follows: for assignment of the ship as stated in Acting Secretary. the notice, the U.S.S. Haven has been as­ 1. A new section 5 is added to read: [F.R. Doc. 67-8192; Filed, July 13, 1967; signed by the Acting Maritime Admin­ 8:50 a.m .] Sec. 5 Joint Surface Effect Ship Pro­ istrator to Union Carbide Corporation gram Office. subject to the applicant agreeing to: Pursuant to a Joint Agreement between (1) Convert the U.S.S. Haven to a the Departments of Commerce and Navy chemical carrier of approximately 27,000 ATOMIC ENERGY COMMISSION dated June 20, 1966, the Joint Surface deadweight tons in accordance with con­ Effect Ship Program Office was estab­ version plans approved by the Maritime [D ocket No. 27-39] lished through the Charter signed Feb­ Administration. CALIFORNIA NUCLEAR, INC. ruary 27,1967, by the Assistant Secretary (2) Qualify for the ship exchange in of Commerce for Science and Technology accordance with the provisions of the Notice o.f Proposed Issuance of and the Assistant Secretary of the Navy Ship Exchange Act, P.L. 86-575, as Amendment to Byproduct, Source, for Research and Development. This amended, and with the requirements of and Special Nuclear Material joint organization of the two Depart­ General Order 92 (27 F.R. 2011). License ments carries out, under the two Assist­ (3) Accept the ship assignment within ant Secretaries, cooperative research pro­ 10 days and enter in a Ship Exchange Please take notice that the Atomic grams in surface effect ships. Under the Contract within 90 days after the receipt Energy Commission is considering the Charter, the following arrangements for of notice of assignment, unless addi­ issuance of a license amendment, set the operation of the joint Office were tional time is granted by the Maritime forth below, to License No. 13-10042-1 established: Administration for good cause. The as­ held by California Nuclear, Inc., 2323. .01 The Maritime Administration will signment is contingent upon the execu­ South Ninth Street, Lafayette, Ind. provide part of the funds and personnel tion of a shipyard contract or commit­ 47905. for the joint Office, with the Department ment for the contemplated conversion This amendment would authorize of the Navy providing, on an approxi­ not later than the time of the execution burial of radioactive waste material at mately equal basis, the balance of funds of the exchange contract. The alloca­ the California Nuclear, Inc. site located and personnel required. tion is contingent upon the applicant in Bureau County, 111. California Nu­ .02 The Maritime Administration will meeting all other requirements for the clear, Inc. was issued a license amend­ provide the joint Office with contracting exchanges involved. ment on December 2, 1966, which pro­ services, budgetary services for funds of (4) In the event the assignment is re­ vided for receipt, possession, processing, the Maritime Administration made avail­ jected or the applicant does not comply repackaging and storage of waste, by­ able to the program, and other adminis­ with the conditions of assignment, the product, source and special nuclear ma­ trative support services as may be re­ Maritime Administration reserves the terial at the Bureau County facility. quested by the Office. right to rescind the assignment and take Within fifteen (15) days from the date .03 The Program Manager, as the such action with respect to the ship as of publication of this notice in the head of the joint Office, is responsible to it may deem appropriate. F ederal R egister, any person whose in­ a Joint Steering Committee, which acts (5) The M a r it im e Administration, terest may be affected by the proposed for the Assistant Secretaries of the two without obligation to the applicant, re­ issuance of this license amendment may Departments. The Steering Committee is serves the right to cancel the assignment file a petition for leave to intervene. Re­ composed of two representatives of each prior to the execution of an exchange quests for a hearing and petitions for Department. The Deputy Assistant Sec- contract, if it determines for good cause leave to intervene shall be filed in ac­ Science and Technology and that it would be in the public interest cordance with the provisions of the Com­ fne Chief, Office of Research and De­ to do so, or that the applicant is not pro­ mission’s regulations (10 CFR part 2). velopment of the Maritime Administra- ceeding promptly and in good faith to If a request for a hearing or a petition lon are Commerce’s designated members comply with the conditions of the for leave to intervene is filed within the of the Steering Committee. assignment. time prescribed in this notice, the Com­ Present section 5 is renumbered section 6. (6) The Ship Exchange Contract will mission will issue a notice of hearing contain provisions requiring that the ap­ or an appropriate order. Petitions to in­ Effective date: June 28,1967. plicant complete the conversion of the tervene or requests for public hearing U.S.S. Haven substantially in accord­ may be filed with the Secretary, U.S. D avid R. B aldwin, ance with plans approved by the Mari­ Atomic Energy Commission, Washing­ Assistant Secretary time Administration within 18 months ton, D.C. 20545. If no request for a hear­ for Administration. after execution of the Ship Exchange ing or a petition for leave to intervene [F.R. Doc. 67-8134; Filed, July 13, 1967; Contract, unless additional time is is filed within the time prescribed in this 8:48 a.m .] granted by the Maritime Administration notice, the Director of Regulation will

FEDERAL REGISTER, V O L 32, NO. 135— FRIDAY, JULY 14, 1967 10388 NOTICES issue the license amendment fifteen (15) dition 18. of this license shall be maintained 1. That the fair and reasonable final days from the date of publication in the to minimize erosion. service mail rate to be paid to Buker Air­ F ederal R egister. Date of issuance: July 12, 1967. ways, Inc., pursuant to section 406 of the For further details with respect to this For the Atomic Energy Commission. Federal Aviation Act of 1958 for the proposed issuance, see (1) the applica­ transportation of mail by aircraft, as J o h n A. McBride, authorized by Order E-25395, July 10, tion and amendments thereto and (2) D irector, the related memorandum prepared by Division of Materials Licensing. 1967, the facilities used and useful there­ the Division of Materials Licensing, all for, and the services connected there­ of which are available for public inspec­ [F.R. Doc. 67-8217; Filed, July 13, 1967; with, shall be 78 cents per aircraft mile tion at the Commission’s Public Docu­ 10:48 a.m.] for Lear Jet Model 24 aircraft and other ment Room, 1717 H Street NW„ Wash­ aircraft of similar capacity. ington, D.C. 20545. A copy of Item (2) 2. The final service mail rate here above may be obtained at the Commis­ fixed and determined is to be paid in its sion’s Public Document Room, or upon CIVIL AERONAUTICS BOARD entirety by the Postmaster General. request to the Atomic Energy Commis­ [Docket No. 18562; Order No. E-25396] Accordingly, pursuant to the Federal sion, Washington, D.C. 20545, Attention: Aviation Act of 1958, and particularly Director, Division of Materials Licensing. BUKER AIRWAYS, INC. sections 204(a) and 406 thereof, the reg­ Order To Show Cause ulations promulgated in 14 CFR Part Dated at Bethesda, Md., July 12, 1967. 302, and the authority delegated by the For the Atomic Energy Commission. Issued under delegated authority Board in 14 CFR 385.14(f), July 10,1967. J ohn A. McB ride, It is ordered, That: Petition of Buker Airways, Inc., for the 1. All interested persons, and particu­ Director, establishment of a final service mail rate Division of Materials Licensing. larly Buker. Airways, Inc., the Postmaster for the transportation of mail. General, Trans World Airlines, Inc., Al­ [License No. 13-10042-1; Amdt. No. 9] Buker Airways, Inc. (Buker), an air legheny Airlines, Inc., American Airlines, P roposed A mendment T o B yproduct, taxi operator providing air transporta­ Inc., Mohawk Airlines, Inc., Piedmont S ource and S pecial N uclear Material tion under the provisions of Part 298 of Aviation, Inc., and United Air Lines, Inc., License the Board’s Economic Regulations, by are directed to show cause why the petition filed May 16,1967, has requested Board should not adopt the foregoing The Atomic Energy Commission hav­ the Board to establish a final service proposed findings and conclusions and ing found that: mail rate of 78 cents per mile for the fix, determine, and publish the final rate A. The applicant’s equipment, facili­ transportation of mail -by aircraft be­ specified above as the fair and reason­ ties, and procedures are adequate to pro­ tween Boston, New York, Pittsburgh, and able rate of compensation to be paid to tect health and minimize danger to life Cincinnati. Buker states that it would Buker Airways, Inc., for the transpor­ or property. use Lear Jet Model 24 aircraft in per­ tation of mail by aircraft, the facilities B. The applicant is qualified by train­ forming the service, would provide back­ used and useful therefor and the serv­ ing and experience to conduct the pro­ up aircraft for the operation, and would ices connected therewith as specified posed land burial operation in such man­ be responsible for loading and unloading above; ner as to protect health and minimize the aircraft at all points served. 2. Further procedures herein shall be danger 'to life or property. Buker states in its petition that the in accordance with 14 CFR Part 302; C. The application for license amend­ proposed rate will cover the fully allo­ and, if there is any objection to the rates ment dated August 16, 1966, as amended cated costs of the services to be per­ or to the other findings and conclusions August 31, 1966, November 18, 1966, Feb­ formed. In its answer, the Post Office proposed herein, notice thereof shall be ruary 10, 1967, February 14, 1967, Feb­ supports the proposed rate and states it filed within 10 days, and if notice is filed, ruary 27, 1967, and May 10, 1967, com­ considers it to be fair and reasonable for written answer and supporting docu­ plies with the requirements of the this service. It further states that the ments shall be filed within 30 days after Atomic Energy Act of 1954, as amended, proposed service will eliminate presently the date of service of this order; and Title 10, Code of Federal Regula­ existing schedule deficiencies in these 3. If notice of objection is not filed tions, Chapter 1, and is for a purpose markets, and that the schedules to be within 10 days, or if notice is filed and if authorized by that act. provided and the terms and conditions answer is not filed within 30 days, after D. The issuance of the amendment to set forth in the petition will properly service of this order, all persons shall be the license authorizing the burial of ra­ satisfy postal requirements. No objection deemed to have waived the right to a dioactive wastes at the proposed site will has been filed to the level of the proposed hearing and all other procedural steps not be inimical to the common defense rate. short of a final decision by the Board, and security or the health and safety of By Order E-25395, July 10,1967, in this and the Board may enter an order in­ the public. Docket, the Board determined to permit corporating the findings and conclusions Buker to provide the proposed air trans­ proposed herein and fix and determine Byproduct, Source, and Special Nuclear Material License No. 13-10042-1 is amended portation of mail for the period termi­ the final rate specified herein; as follows : nating December 31, 1968. Since no mail 4. If answer is filed presenting issues The following conditions are added: rate is presently in effect for this carrier for hearing, the issues involved in deter­ 18. Byproduct, source and special nuclear in these markets, it is necessary to fix mining the fair and reasonable final material may be disposed of by burial at a and determine the fair and reasonable rate shall be limited to those specifically site located in the Southwest Quarter of rate of compensation to be paid to Buker raised by the answer, except insofar as Section 27, Township 16 North Range 6 by the Postmaster General for the air other issues are raised in accordance East of the Fourth Prinicpal Meridian, transportation of mail. with Rule 307 of the rules of practice Bureau County, 111., in accordance with pro­ cedures and limitations set forth in the ap­ The Board, therefore, finds it in the (14 CFR 302.307); and plication for license amendment dated Au­ public interest to fix and determine the 5. This order shall be served upon gust 16, 1966, as amended August 31, 1966, fair and reasonable rate of compensa­ Buker Airways, Inc., the P o stm aster November 18, 1966, February 10, 1967, Feb­ tion to be paid to Buker by the Post­ ru a ry j.4, 1967, F eb ru ary 27, 1967, a n d M ay 10, master General for the transportation i As this order to show cause does not con­ 1967. of mail by aircraft, the facilities used stitute a final action and merely affords in­ 19. T h e licensee sh a ll n o t excavate an y and useful therefor, and the services terested persons an opportunity to be near trench for burial of waste materials at its connected therewith, between the afore­ on the matters herein proposed, it is not r site specified in Condition 18. of this license said points. Upon consideration of the garded as subject to the review provisions oi which would intercept the water table. The Part 385 (14 CFR Part 385). The provision seasonal fluctuation of the water table shall petition, the Postmaster General’s an­ of that part dealing with petitions for Boa be taken into account in determining the swer thereto, and the matters officially review will be applicable to any final ac highest likely level of the water table. noticed, the Board proposes to issue an which may be taken by the staff in ^ 20. The mounds over the completed order1 to include the ^following findings matter under authority delegated in 9 > burial trenches at the site specified in Con­ and conclusions: 1 4 (f).

FEDERAL REGISTER, VOL. 32, NO. 135— FRIDAY, JULY 14, 1967 NOTICES 10389

General, Trans World Airlines, Inc., Al­ clothing, housing, and the equipment volves a conflict necessitating a hearing legheny Airlines, Inc., American Airlines, and furnishings that are used in the with an application on this list, must be Inc., Mohawk Airlines, Inc., Piedmont home. Some of the work involves studies substantially complete and tendered for Aviation, Inc., and United Air Lines, Inc. and investigations concerning consumer filing at the offices of the Commission and food economics and changing pat­ in Washington, D.C., by whichever date This order will be published in the terns of family living; diets and nu­ is earlier: (a) The close of business on Federal R egister. tritional levels and the composition, August 17, 1967, or (b) the earlier ef­ [seal] Harold R. S anderson, quality, and nutritional values of differ­ fective cutoff date which a listed appli­ Secretary. ent foods, in relation to the physiological cation or by any other conflicting appli­ [F.R. Doc. 67-8130; Filed, J u ly 13, 1967; requirements of the human body; the cation may have by virtue of conflicts 8:48 a.m .] needs, adequacy, usability, and arrange­ necessitating a hearing with applica­ ments of housing space and equipment; tions appearing on previous lists. and the properties and use of household The attention of any party in interest fabrics. Other work involves the carry­ desiring to file pleadings concerning any CIVIL SERVICE COMMISSION ing out of programs designed to advise, pending standard broadcast application inform, and instruct the public, pro­ pursuant to section 309(d)(1) of the HOME ECONOMIC SERIES fessional and consumer groups, or home­ Communications A c t of 1934, as Prescribed Minimum Educational makers about such matters as the man­ amended, is directed to § 1.580 (i) of the agement of the home or carrying out Commission’s rules for provisions gov­ Requirements programs of a specific nature, e.g., school erning the time of filing and other re­ In accordance with section 3308 of title lunch programs, institutional manage­ quirements relating to such pleadings. 5, United States Code, the Civil Service ment, military feeding, community de­ Commission has decided that the pre­ velopment, etc. Adopted: July 5, 1967. viously approved minimum educational Reasons for requirements. Home Econ­ F ederal Communications requirements for positions in the Home omists apply a sound knowledge of the Commission, Economics Series, GS-493, should be su­ basic biological, physical, and applied [seal] B en F. Waple, perseded by revised requirements. Iden­ sciences, and a more detailed knowledge Secretary. tification of the superseded requirements, of one or more specialized fields of home Appendix the revised requirements, the duties of economics in their work. The duties of Applications from the top of the processing the positions, and the reasons for the research and other highly technical and line Commission’s decision that these require-, scientific positions are particularly de­ ments are necessary are set forth below. manding in this respect and may require BÜÆL-2173 WFAB, Miami, Fla. a detailed and exacting knowledge of United Broadcasting Co. of Flor­ The Home Economics Series, GS-493. ida, Inc. (All positions GS-5 through GS-15.) home economics and of the tool sciences Has: 990 kc, 5 kw, DA-1, U (Mi­ Superseded requirements. The follow­ applied in the work, e.g., chemistry, ami-South Miami, Fla.). ing material supersedes that previously physics, microbiology, statistics, etc. Req: Modification of license to published in the F ederal R egister, Au­ Appropriate scientific training of this maintain one main studio. gust 22, 1964. kind can only be acquired at accredited BML—2185 WCWR, Dunedin, Fla. Minimum educational requirements. colleges and universities that have ap­ Pinellas Broadcasters. propriate facilities available and a staff Has: 1470 kc, 5 kw, D (Tarpon Candidates for Home Economist posi­ Springs, Fla.). tions must have successfully completed of trained instructors who can evaluate Req: Modification of license to one of the following requirements: the students progress in the various sci­ change station location. A. A course of study in an accredited entific subjects properly. BP-16967 • KTHO, South Lake Tahoe, Calif. Emerald Broadcasting Co. college or university leading to a bache­ U nited S tates Civil Serv­ lor’s or higher degree with major study Has: 590 kc, 1 kw, DA, D. ice Commission, Req: 590 kc, 1 kw, D. in home economics or a closely related [seal] J ames C. S pry, BP-17444 New, River Falls, Wis. discipline or field of science. This course Executive Assistant to River Falls Radio, Co. of study must have included at least 20 the Commissioners. Req: 1550 kc, 1 kw, D. semester hours in or directly applicable [F.R. Doc. 67-8129; Filed, July 13, 1967; BP-17483 New, Orleans, Mass. to one or more of the following fields of 8:48 a.m .] Seashore Broadcasting Co., Inc. home economics: Foods and nutrition, Req: 1170 kc, 1 kw, D. home management and household eco­ BP-17494 WBBR, Travelers Rest, S.C. nomics, housing and household equip­ Piedmont Broadcasting Co., Inc Has: 1580 kc, 500 w, D. ment, textiles and clothing, or child and Req: 1580 kc, 1 kw, D. family development. FEDERAL COMMUNICATIONS BP-17506 New, Wabash, Ind. B. A total of at least 20 semester hours Wabash Radio Co. in home economics, as described in A COMMISSION Req: 1510 kc, 250 w, DA, D. above, plus a sufficient amount of addi­ BP-17515 KUMU, Honolulu, Hawaii. tional experience or education to total 4 STANDARD BROADCAST J o h n H u tto n Corp. years of education and experience or 4 APPLICATIONS Has: 1500 kc, 1 kw, U. years of education. The nature and qual­ Req: 1500 kc, 5 kw, U. Availability for Processing BP-17547 New, Ponce, P.R. ity of this additional experience or edu­ Radio Antilles, Inc. cation must have been such that, when July 10,1967. Req: 1490 kc, 250 w, 1 kw-LS, U. combined with the prescribed 20 semes­ Notice is hereby given, by the Chief, BP-17549 KACE, Riverside, Calif. ter hours in home economics, it would Broadcast Bureau, pursuant to § 1.571(c) K-ACE Radio, Inc. give the candidate a professional knowl­ of the Commission’s rules, that on August Has: 1570 kc, 1 kw, DA, D. edge of home economics comparable to R eq: 1570 kc, 5 kw, DA, D. that normally gained by successfully 18, 1967, the standard broadcast appli­ BP-17550 New, Humble, Tex. completing the course of study described cations listed in the attached Appendix Albert L. Crain. in A above. R eq: 850 kc, 500 w, DA, D. will be considered as ready and avail­ BP-17551 New, Lebanon, Tenn. Candidates for positions in research, able for processing. Pursuant to § 1.227 Vernon Broadcasting Co. ^ °Pmen*’ ant* comparable highly (b)(1) and § 1.591(b) of the Commis­ Req: 1170 kc, 500 w, D. technical and scientific functional areas BP-17552 New, Wickenburg, Ariz. oi home economics work must meet the sion’s rules, an application, in order to Wickenburg Radio Co. requirements described in A above. be considered with any application ap­ Req: 1250 kc, 500 w, D. pearing on the attached list or with any BP-17553 New, Charlevoix, Mich. uties. Home economists perform pro- Charlevoix County Broadcasting iessiona1 work concerned with the selec­ other application on file by the close of Co. tion, care, use, and management of foods, business on August 17, 1967, which in­ Req: 1270 kc, 5 kw, D.

FEDERAL REGISTER, VOL. 32, NO. 135— FRIDAY, JULY 14, 1967 10390 NOTICES

BP-17555 KTOH, Lihue, Kauai, Hawaii. BP-17610 WMPT, South Williamsport, Pa. BP-17680 New, M o u n ta in City, T enn. Kauai Broadcasting Co. Will-Mont Broadcasting Co. Johnson County Broadcasting Has: 1490 kc, 250 w, 1 kw-LS, U. Has: 1450 kc, 250 w, U. Co. Req: 1350 kc, 5 kw, IT. Req: 1450 kc, 250 w, 1 kw-LS, IT. Req; 1390 kc, 500 w, D. BP-17559 New, Chariton, Iowa. BP-17611 KIFG, Iowa Falls, Iowa. BM P-12078 WAHT, Annvilie-Cleona, Pa. Chariton Radio Co. PBW Broadcasting Corp. A-C Broadcasters. Req: 1130 kc, 500 w, DA, D. Has: 1510 kc, 500 w, D. Has: 1510 kc, 5 kw, DA, Day. BP-17560 New, Fayetteville, W. Va. Req: 1510 kc, 1 kw, 500 w (CH), Req: Change in DA system. Claude R. Hill, Jr. D. BP-17681 New, Blacksburg, Va. Req: 1450 kc, 250 w, 1 kw-LS, U. BP-17613 New, Cadillac, Mich. BP-17561 New, Reidsville, Ga. Lester I. Williams. Fetzer Broadcasting Co. Req: 1430 kc, 1 kw, D. John M. Masters. Req: 1370 kc, 1 kw, 5 kw-LS, Req: 1080 kc, 1 kw, D. DA-2, U. BP-17683 WCAB, R u th erfo rd to n , N.C. BP-17563 New, Heath, Ohio. BP-17615 KORT, Grangeville, Idaho. Clayton Sparks. Central Ohio Broadcasting Co. Clearwater Broadcasting Co. Has: 1520 kc, 250 w, D. R eq : 1000 kc, 250 w, DA, D. Has: 1230 kc, 250 w, U. Req: 590 kc, 500 w, D. . BP-17564 New, Centreville, Va. Req: 1230 kc, 250 w, 1 kw-LS, U. BP-17684 WLBH, M attoon, 111. Centreville Broadcasting Co. BP-17620 WULA, Eufaula, Ala. Mattoon Broadcasting Co. Req: 1000 kc, 1 kw, DA, D. Dixie Radio, Inc. Has: 1170 kc, 250 w, D. BP-17570 New, Fort Lauderdale, Fla. ' Has: 1240 kc, 250 w, U. Req: 1170 kc, 5 kw, DA, D. Lauderdale Broadcast, Inc. Req: 1240 kc, 250 w, 1 kw-LS, U. BP-17686 New, China Grove, N.C. Req: 1190 kc, 5 kw, DA, D. BP-17629 KBSN, Crane, Tex. China Grove Broadcasting Co. BP-17571 New, Mount Pleasant, Iowa. Albert L. Crain. R eq: -1140 kc, 500 w, D. BC ST C om pany of Iow a, Inos H as: 970 kc, 1 kw, D. BP-17687 New, Clanton, Ala. Req: 1130 kc, 250 w, D. Req: 1060 kc, 5 kw, D. Clanton Broadcasting Corp. BP-17572 W YNK, B a to n R ouge, La. BP-17633 New, Austell, Ga. Req: 1590 kc, 1 kw, D. Miss Lou Broadcasting Corp. South Cobb Broadcasting. BP-17688 New, Blowing Rock, N.C. Has: 1380 kc, 500 w, D. Req: 1600 kc, 1 kw, D. Req: 1380 kc, 5 kw, DA, D. M ountain Broadcasting Corp. BP-17634 New, W atkins Glen, N.Y. Req: 580 kc, 500 w, D. BP-17573 New, Red Springs, N.C. Watkins Glen-Mountour Falls K & R Broadcasting Corp. Broadcasting Corp. BP-17691 New, Clarkesville, Ga. Req : 710 kc, 5 kw, DA, D. Req: 1500 kc, 250 w, D. R - J Co. BP-17574 New, W arren, Ohio. BP-17641 New, Auburn, Ind. Req: 1500 kc, 5 kw, 500 w(CH), H ow ard L. B u rris. C. P. Broadcasters, Inc. D. Req: 1000 kc, 1 kw, DA, D. Req: 1570 kc, 250 w, D. BP-17694 New, Carson City, Nev. BP-17575 New, Anadarko, Okla. BP-17642 New, Waynesville, Mo. Carson City Broadcasting Corp. Allan Pratt Page. Fred Briesacher, Jr. Req: 1250 kc, 1 kw, D. Req: 850 kc, 500 w, DA, D. Req: 1270 kc, 500 w, D. BP-17707 KSEW, Sitka, Alaska. BP-17576 New, Burkburnett, Tex. BP-17643 KIXF, Fortuna, Calif. Christian Broadcasters, Inc. Steve Gose Enterprises, Inc. D ale A. Owens. Req : 850 kc, 1 kw, DA, D. H a s : 1280 kc, 1 kW, D. Has: 1400 kc, 250 w, U. BP-17577 New, Houston, Tex. Req: 1280 kc, 5 kw, D. Req: 1400 kc, 250 w, 1 kw-LS, U. Artlite Broadcasting Co. BP-17644 KYAL, McKinney, Tex. BP-17720 KVOB, Bastrop, La. R eq: 850 kc, 10 kw, DA, D. AHB Broadcasting Corp. Rainey Radio. BP-17579 New, Nassau Bay, Tex. Has: 1600 kc, 1 kw,D. Has: 1340 kc, 250.w, TJ. Jester Broadcasting Co. Req: 1600 kc, 5 kw, DA, D. Req: 850kc, 1 kw, DA, D. BP-17645 WCHL, Chapel Hill, N.C. Req: 1340 kc, 250 w, 1 kw-LS, U. BP-17580 New, Blacksburg, Va. Village Broadcasting Co., Inc. BP-17758 KALG, Alamogordo, N. Mex. Blue Ridge Broadcasting. Has: 1360 kc, 1 kw.D. Basin Broadcasting Co., Inc. Req : 710 kc, 5 kw, DA, D. Req: 1360 kc, lkw, DA-N, U. H as: 1230 kc, 250 w, U. BP-17594 WLIK, Newport, Tenn. BP-17647 New, El Paso, Tex. Req: 123Q kc, 25Q w, 1 kw-LS, U. W LIK, Inc. Jack R. McVeigh. Has: 1270 kc, 5 kw, D. Req: 1060 kc, 10 kw, D. Application deleted from Public Notice of Req: 1270 kc, 500 w, 5 kw-LS, New, Circleville, Ohio. M arch 30, 1967 (M imeo No. 96350) (32 F.R. DA-N, U. George E. Worstell. 5710) BP-17595 New, G reen Bay, W is. Req: 1540 kc, 1 kw, DA, D. F ra n k M. Cowles. BP-17649 New, Sylacauga, Ala. BP-17432 New, Hurricane, W. Va. Req: 1080 kc, 5 kw, DA, D. Heart of Dixie Broadcasting Co. P u tn a m B roadcasting Co., Inc. BP-17596 New, Charlottesville, Va. Req: 1090 kc, 10 kw, DA, D. Req: 1080 kc, 5 kw, DA,D. Dr. Charles William Hurt. BML-2209 WLOE, Leaksville-Spray, N.C. Req : 1400 kc, 250 w, 1 kw-LS, U. WLOE, Inc. (Assigned new File Number BP-17754) BP-17597 New, Jackson, Ala. Has: 1490 kc, 250 w, 1 kw-LS, 67-8136; F iled, Ju ly 13, 1967; R ad io Jackson, In c. [F.R . Doc. U (Leaksville, N.C.). 8:48 a.nx] Req: 1230 kc, 250 w, 1 kw-LS, TT. Req: Modification of license to BP-17600 W TRI, B runsw ick, Md. change station location. Elektra Broadcasting Corp. BP-17650 New, Franklin, Tenn. [Docket No. 17243; FCC 67R-279I Has: 1520 kc, 250 w, D. Harpeth Valley Broadcasting Co. Req: 1520 kc, 500 w, 250 w (CH), R eq: 1380 kc, 1 kw , DA, p . KITTYHAWK BROADCASTING KSEN, Shelby, Mont. BP-17667 WALG, Albany, Ga. CORP. ET AL. BP-17603 Radio Albany, Inc. Tri-County Radio Corp. Has: 1590 kc, 1 kw, DA-N, TJ. Memorandum Opinion and Order Has: 1150 kc, 500 w, 1 kw-LS, Req: 1590 kc, 1 kw, 5 kw-LS, Enlarging Issues DA-N, U. DA-2, U. Req: 1150 kc, 500 w, 5 kw -L S , __ DA-2, U. BP-17672 New, Starkville, Miss. In re applications of Kittyhawk Broad­ BP-17607 WMGA, Moultrie, Ga. Charles Kenneth Irby. casting Corp., Kettering, Ohio, et al-« Req: 980 kc, 1 kw, D. Radio Station WMGA. p p Docket No. 17243, Pile No. BP-16603, WSLC, Clermont, Fla. Has: 1400 kc, 250 w, 1 kw-LS, U. BP-17676 17249, Req: 1130 kc, 250 w, 10 kw-IB, Fidelity Broadcasting Corp. 17244, 17245, 17246, 17247, 17248, 10 kw-DA (C H ), DA-N, Ü. Has: 1340 kc, 250 w, S.H. 17250; for construction permits. BP-17609 KTUI, Sullivan, Mo. Req: 1340 kc, 250 w, 1 kw-LS, 1. This proceeding, involving eight ap­ Meramec Valley Broadcasting S.H. plicants for new or changed standard Co. BP-17677 New, Weatherford, Okla. Has : 1560 kc, 250 w, D. James J. Craddock. broadcast facilities, was designated for Req: 1560 kc, 1 kw, D. Req: 1590 kc, 1 kw, D. hearing by Memorandum Opinion an WMPT, South Williamsport, Pa. BP-17679 KTXO, Sherman, Tex. Order, FCC 67-256, 7 FCC 2d 153, re­ Will-Mont Broadcasting Co. O’Connor Broadcasting Corp. H as : 1450 kc, 250 w, U. Has: 1500 kc, 250 w, D. leased March 16, 1967- Presently before Req : 1450 kc, 250 w, 1 Kw-LS, U. Req: 1500 kc, 1 kw, DA, D. the Board is a petition to enlarge and

FEDERAL REGISTER, V O L 32, NO. 135— FRIDAY, JULY 14, 1967 NOTICES 10391 delete issues, filed April 7,1967, by Kitty- Beerman, a section 1.65 issue would be 4. Kittyhawk, in reply, argues that the hawk Broadcasting Corp. (Kittyhawk) ,l warranted against Gem City. interest on the $150,000 bank loan must seeking: (1) The addition of financial, 3. In opposition, Gem City first dis­be paid during the first year of opera­ programing, and overlap issues2 against putes as erroneous Kittyhawk’s conten­ tion, and therefore Gem City’s estimate the Gem City Broadcasting Co. (Gem tion that approximately $259,133 will be of $219,470 must he increased to $228,- City); (2) vthe addition of technical, required by Gem City to construct and 470; and the validity of the new bank transmitter site, and financial issues operate its proposed station for the first loan is questionable.* With respect to against Western Ohio Broadcasting Serv­ year. Gem City claims that repayment Beerman’s commitment to Gem City, ice, Inc. (Western Ohio); and (3) the on the bank loan is not required for the Kittyhawk reasserts that his net worth deletion of an air hazard issue against first 3 years, and therefore that it re­ is misleading, because (1) his contingent Kittyhawk.3 quires only $219,470 to construct and liabilities are unknown and (2) he faces Gem City’s financial qualifications. 2. operate its proposed station for the first repayment of $927,500 in 90-day notes, In support of its request for the addition year.4 Gem City refers to an amendment while his current assets total $650,144. of financial issues against Gem City, to its application (accepted on May 15, Kittyhawk alleges that there are no as­ Kittyhawk asserts that Gem City will 1967, FCC 67M-818), which adds the fol­ surances that these notes will be re­ require approximately $259,133 (includ­ lowing financial information to its appli­ newed or that they will continue to be ing repayment of principal and interest cation: (1) An updated bank commit­ paid off at the current rate of $249,350 on a proposed bank loan) to construct ment letter raising the amount of the annually. Thus/ petitioner concludes and operate its proposed station for 1 loan to Gem City from $100,000 to $150,- that Beerman faces an impossible year and that Gem City has only $186,000 000; (2) a current balance sheet for financial situation if the notes are not available (a $100,000 bank loan commit­ Thomas B. Andrews, Executive Vice renewed. Finally, Kittyhawk challenges ment: a $36,000 equipment credit; and President of Gem City; (3) a current the nine advertising commitment letters $50,000 in stock subscriptions) to meet balance sheet for Arthur M. Beerman; submitted with Gem City’s amendment its total first year costs. Kittyhawk fur­ and (4) nine advertising commitment alleging that seven of the nine companies ther alleges that part of the funds relied letters totalling $84,700. As to the ability which wrote the letters are affiliated with upon may not be available. Specifically, of Arthur M. Beerman to meet his com­ Beerman’s enterprises or are controlled it is argued that, because of unrevealed mitments, Gem City asserts that even by other Gem City stockholders; that the liabilities, Arthur M. Beerman, Chair­ if Beerman were unable to fulfill his two companies not so controlled would man of the Board of Gem City, will not obligations to Gem City, it would still provide only $17,000 in revenues; and be able to meet his financial commit­ have a surplus of funds; and that Beer- that the letter from one company is not ments, totaling $30,000 (a $25,000 stock man’s net worth of $6,062,463.53 and his a firm advertising commitment. subscription and an agreement to loan current liquid assets of $650,114.52 (as 5. Gem City’s amended application Thomas Andrews $5,000 to meet his opposed to current liabilities of $506,- reflects that it will require a maximum stock subscription) to Gem City. The 553) render absurd petitioner’s conten­ sum of approximately $228,470 (if, as accuracy and relevance of portions of tion that he cannot supply $30,000 to Kittyhawk contends, interest payments Beerman’s balance sheet are questioned. Gem City. Finally, Gem City asserts that on the proposed bank loan must be paid Kittyhawk also contends that Gem City’s its estimated revenues for the first year, during the first year) in order to con­ estimated revenues, $166,200, cannot be $166,200, are based on studies of the struct and operate the proposed station relied upon because they are not ade­ Dayton market and on knowledge of the for 1 year.7 The Board is of the opinion quately supported. Finally, it is suggested area.. The Broadcast Bureau, opposing that Gem City has adequately demon­ that due to the alleged failure of Gem the addition of any financial issues strated that it can meet this require­ City to supply pertinent updated finan­ against Gem City,5 argues that it is un­ ment. The $150,000 bank loan commit­ cial information concerning Arthur M. reasonable to assume that Arthur M. ment, contained in Gem City’s amend­ Beerman could not raise $30,000 when ment, is firm and complete. The facts 1AIso before the Board are the following his total net worth exceeds $5 million. that the commitment requires the per­ related pleadings: (a) Opposition, filed Apr. According to the Bureau, while Gem sonal guarantees of seven of Gem City’s 28, 1967, by the Gem City Broadcasting Co.; City’s showing to justify its estimate of stockholders and that a corporation (b) errata, filed May 1, 1967, by Gem City; revenues, i.e., a study of the' Dayton owned by one of those stockholders is in (c) opposition, filed Apr. 28, 1967, by W estern market and knowledge of the area, was bankruptcy do not raise sufficient doubt Ohio Broadcasting Service, Inc.; (d) petition not convincing, Kittyhawk, which also as to the availability of the loan as to to accept late filing, filed May 1, 1967, by the proposes a station in Kettering, Ohio, require the addition of an issue in this Broadcast Bureau; (e) comments, filed May has made a convincing showing indi­ regard. In the absence of some evidence 1, 1967, by the Broadcast Bureau; (f) reply to Gem City’s opposition, filed May 12, 1967, cating the availability of approximately to the contrary, we must assume that by Kittyhawk; and (g) reply to Western $130,000 in revenues, and the showing stockholders of an applicant are willing Ohio’s opposition, filed May 12, 1967, by made by Kittyhawk can be used as a Kittyhawk. basis for making a finding that Gem to abide by the terms of a loan agree­ 2 Specifically here, Kittyhawk seeks an is­ City can reasonably expect similar rev­ ment that applicant submits, par­ sue to determine whether the applications enues. ticularly where, as here, this question is of Gem City and Treaty City Radio, Inc., are raised in a reply pleading. Moreover, mutually exclusive. In a Memorandum * Gem City’s estimate is as follows : Opinion and Order, FOC 67R-225, released Cost of operations for the June 6, 1967, th e B oard, in disposing of a first year ______$152,630 6 Kittyhawk argues that the loan is con­ motion filed by Gem City, ruled that the two Equipment down payment __ 12,000 ditioned upon the personal guarantee of Gem applications are not mutually exclusive. For RCA equipment installment City’s stockholders; that one of the stock­ the reasons set forth in the forementioned holder’s assets consists solely of stock in a document, Kittyhawk’s request for an issue payment for first year ___ 14,640 Other item s ______40,200 grocery chain which recently filed a bank­ inquiring into this matter will therefore be ruptcy petition; that the bankruptcy peti­ denied. 219,470 tion destroys the validity of the stockholder’s 3 The petition was filed 2 days after the guarantee; and that none of the stockholders me required for filing peitions to enlarge B The Bureau’s comments regarding Kitty­ named in the bank letter have furnished a ^SiUeS'rT?ec^ on *-229(b) of the Commission’s hawk’s petition should have been filed on guarantee to the bank or have assured the les. The late filing was allegedly caused by Apr. 28, 1967; however, due to the workload Commission that they will personally guar­ a misunderstanding on the part of Kitty- of the Commission’s duplicating division, antee the $150,000 loan. nawk s attorney regarding the date the issues they were filed on May 1, 1967. Since no 1 Except with regard to the repayment of “ uiis proceeding were published in the party has been prejudiced by the late filing principal and interest on the bank loan, no „qi,ERa^1 Register. The Board finds that good and since no party objects to the considera­ question is raised concerning Gem City’s “*® been shown to permit considera­ tion of the Bureau’s comments, the Bureau’s estimate of construction and Initial opera­ tion of the pleading. petition to accept late filing will be granted. tion costs.

\

FEDERAL REGISTER, VOL. 32, NO. 135— FRIDAY, JULY 14, 1967 10392 NOTICES there is no reference in the commitment position clearly establishes that a Subur­ wavelength; that Kittyhawk’s engineer letter to the financial condition of any of ban issue is not required. fails to acknowledge the compensating the seven named guarantors, and the Western Ohio’s technical qualifica­ effect of the great mass of Western Ohio’s contention that the bank would not meet tions. 7. Kittyhawk requests the addition proposed ground system which reaches its commitment because a corporation of the following technical issues against more than 0.25 wavelength from the sev­ owned by one of the guarantors was in Western Ohio: eral towers; and that he offers no cal­ bankruptcy is mere conjecture. In our A. To determine whether the mini­ culations or other evidence that Western view, Kittyhawk has also failed to raise mum required RMS can be realized by Ohio’s proposed ground system is inade­ a substantial question regarding the the applicant; quate or that it would contribute signif­ availability of Gem City’s $50,000 in stock icantly to ground loss. subscriptions. Beerman’s balance sheet B. To determine whether the antenna, 10. Considering all of the information reflects over $10 million in total assets as proposed by the applicant, can be submitted, Kittyhawk has failed to al­ and net worth of more than $6 million.* maintained; .. lege sufficient facts to support its allega­ Although Beerman has not disclosed the C. To determine whether the appli­ tion that Western Ohio’s proposed di­ extent of his contingent liabilities, we cant proposes sufficient ' and suitable rectional antenna system cannot be fail to see how such a disclosure could technical equipment to operate its pro­ constructed to achieve the minimum compel a conclusion that he will be un­ posed station; and RMS. Although Kittyhawk in its reply able to meet his $30,000 commitment. D. Whether in light of the evidence to oppositions lists calculated losses Finally, we agree with the Broadcast adduced pursuant to the foregoing is­ (based on measured RMS values) in ex­ Bureau that the remaining $28,470 re­ sues, whether the applicant is technically cess of 2 ohms for certain operating quired by Gem City can be obtained from qualified to construct and operate its broadcast stations, the listing is insuffi­ first year’s revenues. Gem City has proposed station. cient to establish that Western Ohio’s furnished firm advertising commitments 8. In support of its request for Issue array can not attain a loss of 2 ohms or for more than this amount,® and the A, petitioner relies on an analysis by its less. For example, the listed stations ap­ Board has recently credited Kittyhawk consulting engineer of Western Ohio’s parently met Commission requirements with a portion of its $130,000 in estimated technical proposal, in which he concludes with no necessity for improving their revenues for Kettering. See the memo­ that the minimum required RMS value performance through lower losses. The randum opinion and order cited in note will not be achieved by Western Ohio. request for Issue A will be denied sub­ 2, supra. The requested financial issues In his affidavit, petitioner’s engineer stantially for the reasons advanced by will therefore be denied. states that “with a normally assumed the Broadcast Bureau. Gem City’s programing. 6. To support base loss resistance of 2 ohms, the RMS 11. Kittyhawk also challenges the a request for an issue inquiring into the value for the proposed antenna is 0.1 ability of Western Ohio to maintain its efforts made by Gem City to ascertain mv/m above the minimum value of 87.5 proposed antenna, basing its allegations community needs and interests and the mv/m required by § 73.189(b) (2) (ii) of on the fact that there is a drive-in manner it prepares to meet those needs the rules. * * * The ground radials in theater screen at the proposed 1,000 and interests, Kittyhawk alleges that the easterly and westerly directions are mv/m contour. Kittyhawk’s engineer Gem City’s application contains no ref­ 140 feet (59°) long. Due to the short ra­ states in his affidavit attached to the pe­ erence to program preparation efforts; dials the base loss is expected to be tition that the screen cannot be detuned. and, although an amendment to Gem greater than 2 ohms. * * * The outer He further states that “it jnust be as­ City’s application, filed on November 28, towers have a negative operating resist­ sumed that an irreducible and residual 1966, reflects that some survey was ance component * * * The presence of reflection of at least 1 percent of the made, Gem City’s program proposal con­ two negative towers will result in an un­ impinging field will be present * * * tains no mention of Kettering, and nine stable and lossy operation. * * * The screen .will become an uncontrollable of 12 community leaders contacted indi­ [Therefore] * * * the minimum re­ part of the directional array.”* Thus, con­ cated that they had not been contacted quired RMS value of 87.5 mv/m will not cludes petitioners engineer, there will re­ by Gem City. In opposition, Gem City be achieved.” In its opposition, Western sult an “unstable operation” and the pro­ contends that prior to filing its applica­ Ohio, relying on an affidavit of its con­ posed 25 uv/m contour will penetrate the tion, Gem City made an extensive lis­ sulting engineer, disputes the analysis WCAR measured 0.5 mv/m contour. tener survey of the area proposed to be and findings of Kittyhawk’s engineer. Western Ohio’s engineer disputes this served, including over 231 telephone in­ Western Ohio’s engineer concludes that argument ^in his affidavit, asserting that terviews in one week; that Gem City “losses as high as 2 ohms per tower could an “inadvertent error” had been made made numerous community leader con­ occur without RMS dropping below the in the original engineering report where tacts; 10 that Gem City did, in fact, con­ permitted minimum of 87.5 mv/m for it was indicated that the towers would tact many of the persons who told Kitty- 0.25 kw operation. It is not expected that be located within 300 feet of the drive-in hawk’s employee that they had not been losses will occur to this extent, but they theater screen.11 The distance will be ap­ contacted; and that the form submitted can be tolerated without violation of the proximately 1,000 feet, Western Ohio by Gem City did not require a description rules * * states, and a corrective amendment is of the applicant’s survey processes. The 9. The Broadcast Bureau urges the de­ being prepared now. Western Ohio’s en­ nial of requested Issue A on the ground gineer concludes that “the separation Board agrees with the Broadcast Bureau from the drive-in theater screen amount­ that the showing made in Gem City’s op- that Kittyhawk’s allegations are not sup­ ported by facts. The Bureau contends ing to approximately 0.2 mile, is sufficient that Kittyhawk’s assumption that the so that the problem of reradiation of the 8 Beerman’s purchases and loans created no base loss resistance for each of the signal is of no significance, and the substantial and significant changes in his towers in Western Ohio’s proposed di­ pattern can be adjusted within the financial status; therefore, they were not re­ rectional antenna system is expected to quired to be reported under Rule 1.65. Beer­ be greater than 2 ohms is not adequately maximum expected operating values man’s short term notes, being paid at a rate specified.” of $249,350 annually, can be met from the supported; that the Commission’s Rules $393,194 in cash shown on the balance sheet. do not specify a particular value of loss 0 We do not agree with Kittyhawk that the resistance to be used in, directional an­ 11 In an amendment to its application, letters of commitment cannot be relied upon- tenna calculations; and that the loss re­ W estern Ohio noted the presence of the drive- because several of the potential advertisers sistance, which can be as low as 0.5 ohms, in theater screen. In the opinion of the are owned or controlled by Gem City stock­ applicant’s engineer, the proximity °f v*1® holders. depends on the quality of the installa­ screen was not expected to significantly affect 10 Gem City specified 14 community leaders tion. The Bureau further contends that the operation of the proposed directive an­ contacted prior to filing its application; and the ground system about each tower will tenna. Besides, possible effects of reradiation 15 such leaders contacted after its applica­ exceed 0.25 wavelength, except for a were allegedly taken into account in the tion was filed. The results of Gem City’s ef­ specification of MEOV. Furthermore, Western forts and the manner in which these results small sector to the east of the east tower Ohio’s engineer stated that, if the screen ai are reflected in Gem City’s program policy and to the west of the west tower where affect the antenna, steps would be taken to are also set forth. the radials reach a minimum of 0.16 detune the structure.

FEDERAL REGISTER, VOL. 32, NO. 135— FRIDAY, JULY 14, 1967 NOTICES 10393

I 12. The Broadcast Bureau opposes the rented to the corporation for the AM qualifications, Kittyhawk alleges that addition of Issue B because the allega­ facilities.” Kittyhawk argues that the Western Ohio has estimated a total cost tions made by Kittyhawk and its engi­ Conings have not purchased the land of $22,086 for construction and first neer are unsupported by facts. In its and housing being relied upon; that the year’s operation and that such figure is reply, Kittyhawk reasserts that the property in question is presently owned unrealistic.19 Petitioner contends (1) that screen cannot be detuned. The Board by a Beers family; that the Conings had the estimated construction costs of $5,936 I agrees with Western Ohio and the Bu- leased the property from a Robert L. assume that the land and buildings | reau. There is no supporting data to sus- Hudson, Jr., who previously owned the relied upon by Western Ohio would be I tain the contention that the drive-in property (a copy of the lease is attached rented from Mr. and Mrs. Stanley Con­ [ theater screen cannot be detuned. More­ to the petition); that no lease payments ing; and (2) that since it is questionable over, Western Ohio’s original engineer­ have been made to the new owner; and whether the land is actually owned by ing report apparently erred in indicating that there are no existing buildings or the Conings, and that since there are no the distance between the towers and the structures of any kind on the land speci­ buildings thereon, construction costs drive-in screen. However, even if the fied. In opposition, Western Ohio alleges will have to be greater than the figure distance is not greater than that origi­ that the proposed station will be housed estimated. Kittyhawk also questions the nally assumed, Kittyhawk’s request for in a trailer owned by Coning, and regard­ reliability of Western Ohio’s representa­ I issue B must be denied for failure to ing its proposed site, that the lease be­ tions that technical equipment would be i support its request with sufficient data or tween Stanley Coning and Robert Hud­ rented from the Conings, basing its j facts concerning alleged reradiation from son does not require the lessee (Coning) doubts on the alleged discrepancies with the screen—the dimensions of which are to make any payments to the property respect to the representation regarding considerably less than one-quarter wave­ owner unless and until he (the lessee) the ownership of the land; and reasserts length at Western Ohio’s proposed oper­ takes possession of the property. With that at least $9,163 in additional equip­ ating frequency.12 respect to the charge that the property ment will be needed by Western Ohio to 13. In support of its request for Issue in question has been sold, Western Ohio effectuate its proposal. It is also alleged C, Kittyhawk argues that Western Ohio contends that it has contacted the Coun­ that Western Ohio’s estimated operating has not specified adequate or sufficient ty Clerk’s Office of Preble County, Ohio, costs of $16,150 are insufficient since such equipment to operate its proposed sta­ and finds no record of such sale. Finally, estimate is based on the assumption that tion. Kittyhawk’s engineer lists ten items Western Ohio states that, according to no new capital would be necessary to alleged to be necessary for station opera­ the agreement between Coning and purchase land or equipment or to con­ tion, but not listed by Western Ohio in Hudson (a lease-purchase agreement) struct the proposed station. Kittyhawk its application.1* Petitioner also claims the lessee will own the property upon the points out that WCTM-FM, an FM sta­ that spare parts for certain technical expiration of the lease. Kittyhawk, in its tion owned by Western Ohio which will equipment proposed by Western Ohio reply, argues that Western Ohio has not be operated in conjunction with the pro­ may not be available. In opposition, satisfied the question as to the availabili­ posed AM station, suffered losses of Western Ohio, through its engineer’s ty of its proposed site. Petitioner con­ $2,830.52 during 1964 and argues that this affidavit, submits a list of equipment on tends that while Stanley Coning may raises a serious question as to Western | hand and of required items, including have the right to purchase the land in Ohio’s $39,500 estimate of revenues. • some of the items listed by Kittyhawk’s the future, he does not own it now. Fur­ Finally, Kittyhawk questions the avail­ I engineer. The applicant asserts that a thermore, petitioner asserts that the ability of a $20,000 loan by Mrs. Dorothy field strength meter has been purchased property is heavily mortgaged and that Waring to Western Ohio. It is argued j since its application was filed. The Bu­ no steps have been taken to release from that the loan commitment is limited; reau supports the addition of Issue C if the bank’s mortgage the land specified that Mrs. Waring would not assume al­ j Western Ohio fails to show that it has by Western Ohio. leged financial risks; and that Mrs. War­ available the necessary equipment to 16. The Board is of the opinion thating is unable to meet her. commitment. operate the proposed station. Kittyhawk’s allegations do not raise a 18. Western Ohio, in its opposition, 14. It appears from the equipment lists substantial question concerning the states that while there are presently no submitted by the Kittyhawk engineer availability of Western Ohio’s proposed buildings on its alleged transmitter site, that various items of equipment, which site. The pleadings herein establish that a 47-foot trailer, owned by Stanley Con­ Kittyhawk contends will be required, Coning entered into a lease agreement, ing, will be at the site and will house have not been provided for by Western with an option to purchase, with the the station; and that the seemingly low Ohio.14 The Board is unable to resolve, then owner of the site; that the owner construction costs are based on the fact on the basis of the pleadings, whether subsequently entered into a contract to that Stanley Coning contemplates doing Western Ohio has sufficient and ade­ sell the property; and that the contract most of the construction work himself.11 quate equipment to construct its pro­ of sale specifically makes that sale sub­ Coning’s expertise and ability, ques­ posed station. An issue under which this ject to the agreement with Coning.15 Al­ tioned by Kittyhawk, are defended by question can be resolved will therefore though the statement contained in West­ be specified. Western Ohio. It is further contended ern Ohio’s application to the effect that that Kittyhawk’s charges in regard to I Western Ohio’s transmitter site. 15. the property has been purchased was not Kittyhawk requests an issue to deter- Western Ohio’s estimated operating entirely accurate, we do not, in view of revenues are speculative. Specifically, mine whether Western Ohio’s transmit- the option to purchase arrangement, be­ Western Ohio alleges that it has sub­ : r site is available and whether the lieve that it raises a question as to West­ wnership thereof is as represented by ern Ohio’s veracity. Finally, Western mitted to the Commission letters of in­ estern Ohio. In its application, Western Ohio’s allegation that payments under tent from local merchants who expect to ^ « W a n t e d that “land and housing the lease do not commence until it takes spend a total of $47,850 in advertising 1 > ve been purchased by Mr. possession of the property is in accord during the first year of operation of hni^rS‘ ®tanley Coning, majority stock- with the terms of the lease, and we fail Western Ohio’s proposed AM station. olders of the corporation, and will be to see the significance of the fact there Finally, Western Ohio defends the War­ is an outstanding mortgage on the prop­ ing loan, asserting that the loan is not 38 ^ o P0e0nV,e r Area Broadcasters (KDAB), erty in the absence of some indication l RR 2d 895 <1965>• that the mortgage payments are not be­ conditioned upon the discontinuance of lowlns' f k s enSineer specifies th e - f o l- ing met or that foreclosure is being con­ the operation of WCTM-FM, Eaton, I OhiSanCr P“ ent deficiencles in Western templated by the mortgagee. Ohio; that the loan commitment is “firm (2) s a S l , n: (1) Field intensity meter; Western Ohio’s financial qualifications. and unequivocal”; and that Mrs. Waring lasulatora- fg5J°tPS: (3P buildinS: <4> base : network!»™ ,? tOWer fo u n d atio n ; (6) base 17. In support of its request for issues transmitter olngl ,(7) pbasin8 cabinet; (8) inquiring into Western Ohio’s financial “ Western Ohio estimates $5,936 in con­ meters- and /f n w P 8’ rad io freq u en cy struction costs, and $16,150 in operating I n4Thr

No. 135—Pt. i- FEDERAL REGISTER, VOL. 32, NO. 135— FRIDAY, JULY 14, 1967 10394 NOTICES is able (her balance sheet shows $25,000 hazard to air navigation. This letter was Commission for approval pursuant to in cash and listed securities) to meet her mailed.to the Commission one day fol­ section 15 of the Shipping Act, 1916, as commitment. In view of Kittyhawk’s lowing the release of the designation amended (39 Stat. 733, 75 Stat. 763 46 allegations, the Broadcast Bureau sup­ order herein. The Broadcast Bureau does U.S.C. 814). ports the addition of the requested fi­ not object to the request. In view of the Interested parties may inspect and nancial issues. In its reply, Kittyhawk facts that the FAA’s notice was sent to obtain a copy of the agreement at the challenges Stanley Coning’s ability to the Commission only 1 day after the Washington office of the Federal Mari­ construct Western Ohio’s technical fa­ designation order was released; that the time Commission, 1321 H Street NW. cilities. Petitioner also alleges that a request to the FAA to make the deter­ Room 609; or may inspect agreements at trailei is not a proper structure in which mination was made approximately one the office of the District Managers, New to house radio transmitting equipment; month prior to designation; and that York, N.Y., New Orleans, La., and San that Western Ohio’s FM station in Eaton none of the parties object, deletion of Francisco, Calif. Comments with refer­ has had financial difficulty; and that the air hazard issue would be appro­ ence to an agreement including a request Western Ohio failed in its opposition to priate. Cf. D. H. Overmeyer Communica­ for hearing, if desired, may be submitted answer the many financial questions tions Co., FCC 66R-54, 2 FCC 2d 521. to the Secretary, Federal Martime Com­ posed in Kittyhawk’s petition. Accordingly, it is ordered, That the mission, Washington, D.C. 20573, within 19. The requested financial issues willpetition to enlarge and delete issues, filed 20 days after publication of this notice be denied. As previously indicated, we April 7, 1967, by Kittyhawk Broadcast­ in the F ederal R e g is t e r . A copy of any disagree with Kittyhawk’s contention ing Corp., is granted to the extent indi­ such statement should also be forwarded that Western Ohio has not established cated below and denied in all other to the party filing the agreement (as reasonable assurance of the availability respects; that the petition to accept late indicated hereinafter) and the comments of its proposed site. (See par. 15, filing, filed May 1, 1967, by the Broad­ should indicate that this has been done. supra.) Nor can we accept Kittyhawk’s cast Bureau, is granted; that the desig­ Notice of agreement filed for approval contentions that Coning would not be nation order herein, FCC 67-256, re­ by: able to erect the tower and install the leased March 16, 1967, is modified by the Mr. H. J. Griffin, Vice President, Boise- ground system, or that the trailer owned deletion of Issue 12; and Griffin Steam ship Co., Inc., 90 Broad Street, by Coning would be inadequate to house It is further ordered, That the issues New York, N.Y. 10006. the station in the absence of more in this proceeding are enlarged by the specific allegations to support these con­ addition of the following issue: Agreement 7631-5, between the mem­ tentions. Thus, assuming that Western ber lines of the Concordia Joint Service, To determine whether Western Ohio amends th,e scope of the basic agreement Ohio will require all of the additional Broadcasting Service, Inc., proposes suf­ equipment as alleged by Kittyhawk, it to (1) exclude ports in Canada, New­ ficient and suitable technical equipment foundland, and the Canadian Maritimes would require a maximum of $29,078 in to operate its proposed station; and order to construct its proposed station from the range of ports covered, and (2) whether in light of the evidence adduced, extend the geographic scope to include and operate for 1 year.18 To meet this Western Ohio Broadcasting Service, Inc., requirement, Western Ohio relies upon service to west, south, and east African is technically qualified to construct and ports Hi both the eastbound and west­ a $20)000 loan commitment from one of operate its proposed station. its stockholders, Dorothy Waring, and bound trades pursuant to terms and con­ revenues. The loan commitment is un­ Adopted: June 27, 1967. ditions set forth in the agreement. conditional, complete and firm on its Released: July 10, 1967. Dated: July 10,1967. face; and supported by a balance sheet from the stockholder reflecting $25,000 F ederal C ommunications By order of the Federal Maritime in liquid assets, $40,000 in total assets, C o m m is s io n , Commission. and no liabilities.19 While not all of the [ se a l ] B e n F . W a p l e , T hom as L is i, commitment letters from advertisers Secretary. Secretary. submitted by Western Ohio are definite [F.R. Doc. 67-8137; Filed, July 13, 1967; [F.R. Doc. 67-8146; Filed, July 13, 1967; and firm, it is clear that Western Ohio 8:48 a.m .] 8:49 a.m .] should be credited with at least the $9,079 in additional funds needed from these commitments, which total more than the $39,500 which Western Ohio FEDERAL MARITIME COMMISSION FEDERAL POWER COMMISSION has estimated as first year’s revenues. [Independent Ocean Freight Forwarder [Docket No. CP67-385] Under these circumstances, further in­ License No. 1070] quiry into Western Ohio’s financial qual­ CITIES OF ROGERSVILLE, MO., ET AL. ifications is not warranted. ADELINO J. VAZQUEZ Notice of Application Air hazard issue. 20. Finally, Kitty­ Rescission of Order J uly 7, 1967. hawk requests that the air hazard issue, The order of revocation of the ocean Take notice that on June 28,1967, the which is directed against it (Issue 12), freight forwarder license of Adelino J. Cities of Rogersville, Mo., et al. (Appli­ be deleted. In support of its request, Vazquez, 77 Ferry Street, Newark, N-J. cants) , filed in Docket No. CP67-385 an application pursuant to section 7(a) of Kittyhawk submitted a copy of a letter 07105, published in the F ederal R e g is t e r , the Natural Gas Act for an order of the from the Federal Aviation Agency, June 23, 1967 (32 F.R. 8990), is hereby dated March 17, 1967, which states that Commission directing Cities Service Gas rescinded due to the filing of a valid Co. (Respondent) to establish physical the Kittyhawk proposal would not be a surety bond as required by section 44(c), connection of its transportation facilities Shipping Act, 1916 (46 U.S.C. 841(b)). with the facilities proposed to be con­ 18 $22,086, as estimated by Western Ohio; structed by Applicant and to sell ana $4,163 in additional equipment; and $2,830 J a m es E . M a zu re, deliver to Applicant volumes of natural in PM losses. Since Western Ohio does not Director, gas for resale and distribution in the dispute Kittyhawk’s contention that the PM Bureau of Domestic Regulation. station is operating at a loss, we believe it is communities of Rogersville, Fordlana, appropriate in computing the funds re­ [F.R. Doc. 67-8145; Filed, July 13, 1967; Seymour, Mansfield, Ava, Norwood, quired, to consider whether Western Ohio 8:49 a.m .] Mountain Grove, Cabool, Houston, vyi - has sufficient funds to operate both stations. low Springs, Mountain View, W est Plains, However, Kittyhawk’s contention that if Koshkonong, and Thayer, all in the Sta Western Ohio received a grant, it would suf­ “ CONCORDIA LINE“ JOINT SERVICE of Missouri, all as more fully set form fer larger PM losses is not supported by file w adequate factual allegations. Notice of Agreement Filed for in the application which is on 19 Kittyhawk’s allegation that its “investi­ Approval the Commission and open to pu gation” indicates that Mrs. Waring has a net inspection. H worth of only $12,000 is completely unsup­ Notice is hereby given that the follow­ Applicants propose to construct a ported and m ust be rejected. ing agreement has been filed with the operate municipal natural gas distr

FEDERAL REGISTER, VOL. 32, NO. 135— FRIDAY, JULY 14, 1967 NOTICES 10395 tion systems in their respective communi­ March 30, 1938. Project No. 1314 con­ Applicant estimates the third year ties and Applicants also propose that Re­ sisted of, among other project works, a peak daily and peak annual natural gas spondent construct and operate a lateral powerhouse with 10 horsepower of in­ requirements for the service proposed line or lines of sufficient capacity to en­ stalled capacity. A 20-year license was above at 1,302 Mcf and 225,280 Mcf, able them to render the service proposed issued, effective as of May 24, 1937. The respectively. herein. Applicants further propose that license expired on May 24,1957. Applicant estimates the total cost of the costs for such lateral line facilities By letter filed April 14,1967, Applicant the proposed facilities at approximately be apportioned between Respondent and advises that the National Forest land oc­ $339,042, said cost to be financed from Applicants in accordance with Respond­ cupied by both projects have been re­ cash on hand, reserve accruals and re­ ent’s "Construction of Sales Lateral stored to a condition satisfactory to Ap­ tained earnings. Pipelines to Resale Customers” formula plicant. According to available records, as set forth in section 20 of Respondent’s the area formerly occupied by the proj­ Protests or petitions to intervene may PPC Gas Tariff, Second Revised Volume ects is being served by a rural electric be filed with the Federal Power Commis­ No. 1. Applicants estimate their total cooperative. sion, Washington, D.C. 20426, in accord­ third year peak daily and peak annual The Commission finds: The subject ance with the rules of practice and pro­ natural gas requirements at 16,425 Mcf lands no longer have power value, and cedure (18 CFR 1.8 or 1.10) on or before and 1,776,347 Mcf, respectively, their the withdrawals of the lands serve no July 31,1967. individual requirements being set forth use for power purposes. G ordo n M . G r a n t, in the application. The Commission orders: The power Secretary. Applicants estimate the total cost withdrawals of the subject lands pur­ [F.R. Doc. 67-8101; Filed. July 13, 1967; of their proposed municipal distribution suant to applications for Project Nos. 8:45 ajn.] systems at $4,249,000 and their share of 104 and 1314 are hereby vacated. the proposed lateral line facilities at $1,- By the Commission. [Docket No. CP66-244] 199,328, said $5,348,328 total cost to be financed through the issuance and sale [ se a l ] G o rdo n M. G ra nt, PANHANDLE EASTERN PIPE LINE CO. Secretary. of Gas Revenue Bonds to be issued sepa­ Notice of Petition To Amend rately by the individual Applicants. [F.R. Doc. 67-8100; Filed, July 13, 1967; Protests or petitions to intervene may 8:45 a.m .] J u l y 6, 1967. be filed with the Federal Power Commis­ Take notice that on June 27, 1967, sion, Washington, D.C. 20426, in accord­ Panhandle Eastern Pipe Line Co. (Pe­ ance with the rules of practice and pro­ [Docket No. CP67-383] titioner) , 1 Chase Manhattan Plaza, New cedure (18 CFR 1.8 or 1.10) on or before NORTHERN NATURAL GAS CO. ET AL. York, N.Y. 10005, filed in Docket No. August 7,1967. CP66-244 a petition to amend the order G o rdon M. G r a n t, ' Notice of Application issued by the Commission June 6, 1966, Secretary. J u l y 6,1967. as amended August 26, 1966, and Janu­ [Pit. Doc. 67-8099; F iled, J u ly 13, 1967; Northern Natural Gas Co., Peoples ary 26, 1967, by authorizing Petitioner to 8:45 a.m .] Natural Gas Division, Applicant; Natural increase the summer contract demand Gas Pipeline Co. of America, Respondent, of three existing customers for the period Docket No. CP67-383. July 1, 1967, to October 31, 1967, all as WYOMING Take notice that on June 27, 1967, more fully set forth in the petition to Northern Natural Gas Co., Peoples Nat­ amend which is on file with the Commis­ Order Vacating Land Withdrawals in. sion and open to public inspection. Project Nos. 104 and 1314 ural Gas Division (Applicant), 2223 Dodge Street, Omaha, Nebr. 68102, filed By the above-mentioned order, as J u l y 6,1967. in Docket No. CP67-383 an application amended, Petitioner was authorized, in­ Application has been filed by the U.S. pursuant to section 7(a) of the Natural ter alia, to sell and deliver to Battle Forest Service (Applicant) for vacation Gas Act for an order of the Commission Creek Gas Co. (Battle), Missouri Public of the power withdrawals under Section directing Natural Gas Pipeline Co. of Service Co. (Missouri) and Central Il­ 24 of the Federal Power Act pertaining America (Respondent) to establish linois Public Service Co. (Central) cer­ to the following described lands of the physical connection of its transporta­ tain contract demands of natural gas. United States: tion facilities with the facilities proposed By the instant filing, Petitioner states to be constructed by Applicant and to that Battle, Missouri, and Central have Sixth Principal Meridian, W yoming sell and deliver to Applicant volumes of advised it that their current contract de­ T. 52 N., R. 108 W., . natural gas for resale and distribution in mand is not sufficient to meet their cur­ Sec. 21, SEi^N E ^j, N ^ S E % , S E ^ S E U ; the communities of Cumberland and rent summer requirements. Petitioner, Sec. 22, Wy2SWi,4. therefore, seeks authorization to increase (240 acres.) Massena, Cass County, Iowa, and to a pumping station, owned and operated its sales and deliveries to the above- The lands are within the Shoshc by Hydrocarbon Transportation, Inc. mentioned customers as follows: National Forest and are located at i (HTI), near Massena, Cass County, Iowa, confluence of Kitty Creek and No: all as more fully set forth in the appli­ Proposed Fork of Shoshone River. cation which is on file with the Com­ Month Customer ■ increase The lands are withdrawn variously pi mission and open to public inspection. (Mcf) suant to the filing on April 18,1921, of Applicant proposes to construct and July...... 2,000 application for license for Project No. 1 operate approximately 8.80 miles of 200 and the filing on May 8, 1935, of transmission lateral extending north­ 3.000 2.000 i f°r license "for Project ] ward from a point of connection with 200 i nn Commission letters dated Ai Respondent’s transmission line to a point 3.000 1921, and June 12, 1936, resp of connection with the proposed Massena 3.000 notices of the withdrawals w town border station, then approximately 3.000 given to the General Land Office, n 1.32 miles north to a point where the Bureau of Land Management. line will branch approximately 2.77 miles Petitioner states that it presently has n tw ,ect4Na 104 consisted of, amt generally northeast to a connection with the capacity to provide the relatively taim'n^rc>^ec^ worics, a powerhouse c< HTI and approximately 4.43 miles west aimng generating equipment of 6-ki small increases proposed herein and pro­ to the proposed town border station at poses no new or additional facilities. supi Cfpacity- A 25-year license was Cumberland. Applicant proposes ‘that Mav 97r i S e pr°iect, effective as Respondent construct a gas measuring Protests or petitions to intervene may S e fo r J£21>,Pursuant to applicat station and any necessary related facili­ be filed with the Federal Power Commis­ rende?^^.^ommission accepted s ties to render the above proposed natural sion, Washington, D.C. 20426, in accord­ of the license by order gas service. ance with the rules of practice and pro-

FEDERAL REGISTER, V O L 32, NO. 135— FRIDAY, JULY 14, 1967 10396 NOTICES

cedure (18 CFR 1.8 or 1.10) on or before T h e Secretary o p Commerce O ccidental P etro le u m Corp., 10889 Wilshire B oulevard, Los Angeles, Calif. 90024. July 31,1967. P resident’s Cabinet T extile Advisory Gordon M. Grant, Com m ittee Amerada Petroleum Corp., Post Office Box Secretary. 2040, Tulsa, Okla. 74102. W ashington, D.C. 20230, Murphy Oil Corp., 200 Jefferson Avenue, El [F.R. Doc. 67-8102; Filed, July. 13, 1967; July 10, 1907. Dorado, Ark. 71730. 8:45 a.m .] C ommissioner op Custom s, Sun OU Co., 1608 W alnut Street, Philadel­ phia, Pa. 19103. Department of the Treasury, Washington, D.C. 20226. Hunt Oil Co., 1401 Elm Street, Dallas Tex 75201. Dear Mr, Commissioner : Under the terms INTERAGENCY TEXTILE of the Long Term Arrangement Regarding (Sec. 708, 64 Stat. 818, as amended; 50 U.S.C. International Trade in Cotton Textiles done App. Sup. 2158; Executive Order 10480^ at Geneva on February 9, 1962, pursuant to August 14, 1953, 18 F.R. 4939; Reorganiza­ ADMINISTRATIVE COMMITTEE the bilateral cotton textile agreement of July tion Plan No. 1 of 1958, 23 F.R. 4991, as CERTAIN COTTON TEXTILES AND COT­ 17, 1964, as amended on May 23, 1966, be­ am ended; E xecutive O rder 11051, September tween the United States and Greece, and 27, 1962, 27 F.R. 9683) TON TEXTILE PRODUCTS PRO­ in accordance with the procedures outlined DUCED OR MANUFACTURED IN in Executive Order 11052 of September 28, Dated: July 10,1967. GREECE 1962, as amended by Executive Order 11214 F arris B ryant, of April 7, 1965, you are directed, effective Director, Entry and Withdrawal From Ware­ July, 15, 1967 and until further notice, to prohibit entry into the United States for Office of Emergency Planning. house for Consumption consumption and withdrawal from ware­ [F.R. Doc. 67-8106; Filed, July 13, 1967; July 11,1967. house for consumption of any cotton textiles 8:45 a.m .] and cotton textile products in Categories 1, 2, On May 23, 1966, the Government of 3, and 4, produced or manufactured in Greece the United States, in furtherance of the and which have been exported to the United objectives of and under the terms of the States after August 31, 1966, and before Long Term Arrangement Regarding In­ S eptem ber 1, 1967. SECURITIES AND EXCHANGE ternational Trade in Cotton Textiles The foregoing directive is temporary and is done at Geneva on February 9,1962, con­ expected to be the subject of a further di­ COMMISSION cluded an agreement with the Govern­ rective to you_at the conclusion of consulta­ NORTHERN INSTRUMENT CORP. ment of Greece amending the bilateral tions now in progress with the Government of Greece. Order Suspending Trading agreement of July 17, 1964, concerning A detailed description of the categories in exports of cotton textiles and cotton tex­ terms of T.S.U.S.A. numbers was published J uly 10,1967. tile products from Greece to the United in th e F ederal R egister o n J u ly 7, 1966 (31 It appearing to the Securities and Ex­ States. As amended, the agreement pro­ F.R. 9310). change Commission that the summary vides annual limitations on exports of all In carrying out the above directions, entry, suspension of trading in the common cotton textiles and cotton textile prod­ into the United States for consumption shall be construed to include entry for consump­ stock of Northern Instrument Corp., ucts from Greece to the United States tion into the commonwealth of Puerto Rico. Babylon, N.Y., and all other securities for the successive 12-month periods be­ The actions taken With respect to the Gov­ of Northern Instrument Corp. being ginning September 1, 1965, and extend­ ernment of Greece and with respect to im­ traded otherwise than on a national se­ ing through August 31,1970. ports of cotton textiles and cotton textile curities exchange is required in the pub­ Entries into the United States for con­ products from Greece have been determined lic interest and for the protection of sumption and withdrawals from ware­ by the President’s Cabinet Textile Advisory Committee to involve foreign affairs func­ investors; house for consumption of cotton textiles tions of the United States. Therefore, the It is ordered, Pursuant to section and cotton textile products in Categories directions to the Commissioner of Customs, 15(c)'(5) of the Securities Exchange Act 1, 2, 3, and 4, produced or manufactured being necessary to the implementation of of 1934, that trading in such securities in Greece and exported to the United such actions, fall within the foreign affairs otherwise than on a national securities States on or after September 1, 1966, exception to the notice provisions of 5 U.S.C. exchange is summarily suspended, this have exceeded the amount provided for 553. This letter will be-published in the order to be effective for the period July in the agreement. Consultations with the F ederal R egister. 11, 1967, through July 20, 1967, both Government of Greece concerning these Sincerely yours, dates inclusive. exports are now in progress. Such con­ A. B. T rowbridge, sultations will cover the entry of goods Secretary of Commerce, Chairman, By the Commission. affected by the directive published below. President’s Cabinet, Textile Ad­ [ se a l ] O rval L. D u B ois, Accordingly, there is published below visory Committee. Secretary. a letter of July 10, 1967, from the Chair­ [F.R. Doc. 67-8127; Filed, July 13, 1967; [F.R. Doc. 67-8107; Filed, July 13, 1967; man of the President’s Cabinet Textile 8:47 a.m .] __ 8:46 a.m.] Advisory Committee to the Commissioner of Customs directing that beginning July 15, 1967, and until further notice, [File-No. 811-1389] entry into the United States for con­ OFFICE OF EMERGENCY S & P NATIONAL CORP. sumption and withdrawal from ware­ house for consumption of cotton textiles PLANNING Order Suspending Trading and cotton textile products in Categories J uly 10, 1967. 1, 2, 3, and 4, produced or manufactured OCCIDENTAL PETROLEUM CORP. ET AL. It appearing to the Securities and Ex­ in Greece and exported to the United change Commission that the summary States after August 31, 1966, and before Additions to Membership in Voluntary September 1, 1967, be prohibited. The suspension of trading in the Common status of goods exported after August 31, Agreement Relating to Foreign and Class A stock of S & P National Petroleum Supply Corp. being traded otherwise than on a 1967, may be provided for by a further national securities exchange is required directive to the Commissioner of Cus­ Pursuant to section 708 of the Defense in the public interest and for the protec­ toms. Production Act of 1950, as amended, tion of investors ; ,, Stanley Nehmer, there is published herein five additional It is ordered, Pursuant to sectio Chairman, Interagency Textile companies which have accepted the re­ 15(c) (5) of the Securities Exchange Act Administrative Committee, quest to participate in the Voluntary of 1934, that trading in such securities and Deputy Assistant Secre­ 'Agreement Relating to Foreign Petro­ otherwise than on a national securi_ tary for Resources. leum Supply, As Amended. exchange be summarily suspended, tms

FEDERAL REGISTER, VOL. 32, NO. 135— FRIDAY, JULY 14, 1967 NOTICES 10397 order to be effective for the period in securities of Standard’s foreign sub­ governments, foreign financial institu­ July 11,1967, through July 20, 1967, both sidiaries, affiliates or other foreign assets, tions and foreign subsidiaries of Stand­ dates inclusive. in exchange for additional shares of ap­ ard, payable in U.S. dollars or other plicant’s common stock or by contribu­ currencies and in each case maturing By the Commission. tion to applicant’s capital. Any additional in 1 year or less from the date of ac­ [SEALl ORVAL L . DUBOIS, securities which applicant may issue, quisition. Applicant will not acquire the Secretary. other than debt securities, will be issued securities representing its investments [F.R. Doc. 67-8108; F iled. J u ly 13. 1967; only to Standard. Standard will continue or loans for the purpose of resale and 8:46 a.m .] to retain its present holdings of appli­ will not trade in such securities. cant’s stock and any additional securities The notes are to be sold through a of applicant which Standard may ac­ group of Underwriters for offering out­ STEEL CREST HOMES, INC. quire, and Standard will not dispose of side the United States. The notes are to any of applicant’s securities except to be offered and sold under conditions Order Suspending Trading applicant or to a fully owned subsidiary which are intended to assure that the J u l y 10, 1967. of Standard (which term as used herein notes will not be offered or sold in the It appearing to the Securities and means a corporation all of the outstand­ United States, its territories or posses­ Exchange Commission that the sum­ ing securities of which are owned, di­ sions or to nationals or citizens or resi­ mary suspension of trading in the com­ rectly or indirectly, by Standard); and dents of the United States, its terri­ mon stock of Steel Crest Homes, Inc., Standard will cause each fully owned tories or possessions. Any additional King of Prussia, Pa., and all other securi­ subsidiary not to dispose of applicant’s debt securities of applicant which may ties of Steel Crest Homes, Inc., being securities except to Standard, applicant be sold to the public in the future will traded otherwise than on a national or another fully owned subsidiary of be sold under substantially similar securities exchange is required in the Standard. conditions. public interest and for the protection of Standard is engaged directly and Counsel has advised applicant that investors; through its subsidiaries in the acquisi­ U.S. persons will be required to report tion and development of prospective and and pay an interest equalization tax with It is ordered, Pursuant to section proven oil and gas lands and leases, the respect to acquisition of the notes, ex­ 15(c) (5) of the Securities Exchange Act production, purchase, sale, transporta­ cept where a specific statutory exemption of 1934, that trading in such securities tion and refining of crude oil and its is available. Applicant has applied to otherwise than on a national securities derivatives and the transportation and the Internal Revenue Service for a ruling exchange be summarily suspended, this wholesale and retail marketing of petro­ to this effect prior to the sale of the order to be effective for the period leum products, petrochemicals and agri­ notes. Thus, by financing its foreign op­ July 11,1967, through July 20, 1967, both cultural chemicals. erations through applicant rather than dates inclusive. Applicant has been organized to raise through the sale of its own debt obliga­ By the Commission. funds abroad for financing the expan­ tions, Standard will utilize an instru­ sion and development of Standard’s mentality, the acquisition of whose debt [seal] O rval L. D u B o is , foreign operations while at the same time obligations by U.S. persons would, Secretary. providing assistance in improving the generally, subject such persons to the [F.R. Doc. 67-8109; F iled, J u ly 13, 1967; balance of payments position of the interest equalization tax, thereby dis­ 8:46 a.m .] United States in compliance with the couraging them from purchasing such voluntary cooperation program instituted debt obligations. [812-2146] by the President in February 1965. Applicant submits that it is appropri­ Applicant intends to issue and sell $25 ate in the public interest and consistent CHEVRON OVERSEAS FINANCE CO. million principal amount of its guaran­ with the protection of investors and the Notice of Filing of Application for teed notes due 1972 (“notes”). Stand­ purposes fairly intended by the policies ard will guarantee the principal, interest and provisions of the Act for the Order Exempting Company From payments and premium, if any, on said Commission to enter an order exempting All Provisions of Act notes. Any additional debt securities of applicant from each and every provision J u l y 11, 1967. applicant which may be issued to or held of the Act for the following reasons: (1) by the public will be guaranteed by A principal purpose of applicant is to Notice is hereby given that Chevron Standard in a manner substantially assist in improving the balance of Overseas Finance Co. (“applicant”) , 225 similar to the guarantee of the notes. payments program of the United States Bush Street, San Francisco, Calif. 94104, It is intended that upon completion of by serving as a vehicle through which a Delaware corporation, has filed an ap­ the long-term investment of applicant’s Standard may obtain funds in foreign plication pursuant to section 6(c) of the assets, substantially all of the assets of countries for its foreign operations; (2) Investment Company Act of 1940 (“Act”) applicant (exclusive of U.S. Government the public policy underlying the Act is for an order exempting it from all pro­ securities and cash items) will be in­ not applicable to applicant and the visions of the Act and the Rules and Reg­ vested in or loaned to foreign companies security holders of applicant do not re­ ulations thereunder. All interested per­ which are primarily engaged in a busi­ quire the protection of the Act, because sons are referred to the application on ness or businesses other than investing, the payment of the notes, which is guar­ °*e the Commission for a statement reinvesting, owning, holding, or trading anteed by Standard, does not depend on of the representations therein, which are in securities and which are, or upon the summarized below. the operations or investment policy of making of such investment will be (1) applicant, for the noteholders may Applicant was organized by Standa majority-owned subsidiaries of Standard ultimately look to the business enterprise un Co. of California (“Standard”) unc within the meaning of section 2(a) (23) of Standard rather than solely to that e laws of the State of Delaware of the Act, (2) companies under Stand­ of applicant; (3) none of the securities une 5,1967. All of the outstanding sec ard’s control within the meaning of other than debt securities of applicant nties of applicant consists of 5,000 shai section 2(a) (9) of the Act or (3) com­ will be held by any person other than nrv.^'u11111011 ^ c k without par value, panies which are engaged in a business Standard or a fully owned subsidiary of sllares have been purchas related to the business of Standard, in Standard; (4) applicant will not deal nÌ $1u°P0 and are held by Standa: which Standard or applicant owns 10 or trade in securities; (5) the notes will beJore the issuance of the Notes percent or more of the total combined be offered and sold abroad to foreign ^Pbcant described below, Standard v voting power of the stock. Applicant will nationals under circumstances designed applicant all of the oi proceed as expeditiously as practicable to prevent the sale in the United States, nrH’c f ?i stock of one or more of Stan with the long-term investment of its as­ its territories-or to nationals or residents ?wned subsidiaries having sets in the manner described above. thereof; and (6) the burden of the in­ value of approximat< Pending such investment, applicant will terest equalization tax will tend to invpstm00-«. ®tandard niay make furti invest temporarily in debt obligations discourage purchase of the notes by any investments in applicant, either in ca: (including time deposits) of foreign U.S. person.

FEDERAL REGISTER, VOL. 32, NO. 135— FRIDAY, JULY 14, 1967 10398 NOTICES Notice is further given that any inter­ beneficially by two individuals and is ex­ tary, Securities and Exchange Commis­ ested person may, not later than July 20, empt from registration under the Act by sion, Washington, D.C. 20549. A copy of 1967, at 5:30 p.m., submit to the Com­ reason of the provisions of section 3(c) such request shall be served personally mission in writing a request for a hearing (I) thereof. Pursuant to an agreement or by mail (airmail if the person being on the matter accompanied by a state­ between applicant and Wilbert, assets served is located more than 500 miles ment as to the nature of his interest, the owned by Wilbert with a value of approx­ from the point of mailing) upon appli­ reason for such request and the issues imately $1,360,366 as of January 31,1967, cant. Proof of such service (by affidavit of fact or law proposed to be contro­ will be transferred to applicant in ex­ or in case of an attorney at law by cer­ verted, or he may request that he be change for shares of its capital stock. tificate) shall be filed contemporane­ notified if the Commission shall order a The number of shares of applicant to ously with the request. At any time after hearing thereon. Any such communica­ be issued to Wilbert is to be determined said date, as provided by Rule 0-5 of tion should be addressed: Secretary, Se- by dividing the aggregate market value the rules and regulations promulgated curities and Exchange Commission, (subject to certain adjustments set under .the Act, an order disposing of the Washington, D.C. 20549. A copy of such forth in the application) of the assets application herein may be issued by the request shall be served personally or by of Wilbert to be transferred to appli­ Commission upon the basis of the infor­ mail (air mail if the person being served cant by the net asset value per share of mation stated in said application, unless is located more than 500 miles from the applicant, both to be determined as of an order for hearing upon said applica­ point of mailing) upon applicant at the the valuation time, as defined in the tion shall be issued upon request or upon address stated above. Proof of such serv­ agreement. If the valuation under the the Commission’s own motion. Persons ice (by affidavit or in case of an attorney- agreement had taken place on Janu­ who request a hearing or advice as to at-law by certificate) shall be filed con­ ary 31,1967, Wilbert would have received whether a hearing is ordered will receive temporaneously with the request. At any 127,854 shares of applicant’s stock. notice of further developments in this time after said date, as provided by Rule When received by Wilbert, the shares matter, including the date of the hearing 0-5 of the rules and regulations promul­ of applicant are to be distributed to the (if ordered) and any postponements gated under the Act, an order disposing Wilbert stockholders on the liquidation thereof. of the application herein may be issued of Wilbert. Applicant has been advised For the Commission (pursuant to dele­ by the Commission upon the basis of the by the management of Wilbert that the gated authority). information stated in said application, stockholders of Wilbert do not have any unless an order for hearing upon said present intention of redeeming or other­ [ seal] O rval L. D uB ois, application shall be issued upon request wise transferring the shares of applicant Secretary. or upon the Commission’s own motion. to be received on such liquidation follow­ [FJEt. Doc. 67-8144; Filed, Ju ly 13, 1967; Persons who request a hearing or advice ing the sale of assets transaction. Appli­ 8:49 a.m.] as to whether a hearing is .ordered will cant does not have any present intention receive notice of further developments in of selling any securities acquired from this matter, including the date of the Wilbert subsequent to their acquisition. hearing (if ordered) and any postpone­ No affiliation exists between Wilbert INTERSTATE COMMERCE ments thereof. or its officers, directors, or stockholders For the Commission (pursuant to dele­ and applicant, its officers or directors, COMMISSION gated authority). and the agreement was negotiated at FOURTH SECTION APPLICATION arm’s length by the two companies. The [ seal] O rval L. DtrBois, FOR RELIEF Secretary. Board of Directors of applicant approved the agreement as being in the best inter­ J uly 11, 1967. [F.R. Doc. 67-8143; Filed, July 13, 1967; ests of its shareholders, taking all rele­ 8:49 a.m .] Protests to the granting of an applica­ vant considerations into account. tion must be prepared in accordance Section 22(d) of the Act provides that with Rule 1.40 of the general rules of [812-2134] registered open-end investment com­ practice (49 CFR 1.40) and filed within panies may sell their shares only at the PURITAN FUND, INC. 15 days from the date of publication of current public offering price as described this notice in the F ederal R egister. in the prospectus. Section 6(c) permits Notice of Filing of Application for the Commission upon application, to ex­ Long- and-S hort H aul Order Exempting Sale by Open-End empt such a transaction if it finds that FSA No. 41074—Returned shipments— Company of Securities at Other such exemption is necessary or appro­ beet or cane sugar. Filed by Western Than Public Offering Price priate in the public interest and consist­ Trunk Line Committee, agent (No. A- ent with the protection «f investors and J uly 11, 1967. 2507), for interested rail carriers. Rates the purposes fairly intended by the policy on beet or cane sugar, in carloads, on Notice is hereby given that Puritan and provisions of the Act. shipments returned from original desti­ Fund, Inc. (“applicant”) , 31 Milk Street, Applicant contends that the proposed Boston, Mass., a Massachusetts corpora­ nations in southwestern and western offering of its stock will comply with the trunkline territories, also Montana, to tion registered under the Investment provisions of the Act, other than section original points of shipments in south­ Company Act of 1940 (“Act”) as an 22(d) and submits that the granting of western, transcontinental and western open-end diversified management in­ the application would be in accordance trunkline territories. Grounds for relief— vestment company, has filed an applica­ with established practice of the Commis­ tion pursuant to section 6(c) of the Act sion, is necessary and appropriate in the Carrier competition. requesting an order of the Commission public interest and consistent with the By the Commission. exempting from the provisions of sec­ protection of investors and the purposes [ seal] H. N eil G arson, tion 22(d) of the Act a transaction in fairly intended by the policy and pro­ Secretary. which applicant’s redeemable securities visions of the Act. will be issued at a price other than the Notice is further given that any inter­ [FJt. Doc. 67-8140; Filed, July 13, 1967, current public offering price described ested person may, not later than July 8:49 a m .] in the prospectus in exchange for sub­ 25, 1967, at 5:30 p.m., submit to the stantially all of the assets of Wilbert Se­ Commission in writing a request for a [Notice 419] curities, Inc. (“Wilbert”). All interested hearing on the matter accompanied by MOTOR CARRIER TEMPORARY persons are referred to the application a statement as to the nature of his in­ on file with the Commission for a state­ AUTHORITY APPLICATIONS ment of applicant’s representations terest, the reason for such request and which are summarized below. the issues of fact or law proposed to be J uly 11, 196T* controverted, or he may request that he The following are notices of filing Wilbert, a New York corporation, is a be notified if the Commission should personal holding company all of whose order a hearing thereon. Any such com­ applications for temporary authority outstanding stock is owned of record and munication should be addressed: Secre­ under section 210a(a) of the Inters

FEDERAL REGISTER, VOL. 32, NO. 135— FRIDAY, JULY 14, 1967 NOTICES 10399

Commerce Act provided for under the No. MC 45736 (Sub-No. 30 TA), filed Applicant’s representative: Francis J. new rules of Ex Parte No. MC 67 (49 July 6, 1967. Applicant: GUIGNARD Ortman, 1700 Pennsylvania Avenue NW., CFR Part 340), published in the F ederal FREIGHT LINES, INC., Post Office Box Washington, D.C. 20006. Authority r e g i s t e r , issue of April 27,1965, effective 26067, Highway 21 North, Charlotte, N.C. .sought to operate as a common carrier, July 1, 1965. These rules provide that 28213. Applicant’s representative: Fran­ by motor vehicle, over irregular routes, protests to the granting of an applica­ cis J. Ortman, 1700 Pennsylvania Ave­ transporting: Plywood, faced or not tion must be filed with the field official nue NW., Washington, D.C. 20006. Au­ faced with a protective or decorative ma­ named in the F ederal R e g is t e r publica­ thority sought to operate as a common terial, and boards or sheets, wood parti­ tion, within 15 calendar days after the carrier, by motor vehicle, over irregular cle, faced or not faced with a protective date of notice of the filing of the applica­ routes, transporting: Hardboard sheets or decorative material, moving separately tion is published in the F ederal R e g is t e r . and boards, plywood, faced or not faced or with hardboard sheets and boards, One copy of such protest must be served with a protective or decorative material, from Catawba, S.C., and points within on the applicant, or its authorized repre­ and boards or sheets, wood particle, faced 5 miles thereof, to points in Connecticut, sentative, if any, and the protests must or not faced with a protective or decora­ Illinois (except points in the Chicago, certify that such service has been made. tive material, moving separately or in 111., commercial zone, as defined by the The protest must be specific as to the mixed loads, from Catawba, S.C., and Commission), Kentucky (except points service which such protestant can and points within 5 miles thereof, to points in in the Cincinnati, Ohio, commercial will offer, and must, consist of a signed West Virginia, Virginia, Ohio, Indiana, zone, as defined by the Commission), original and six copies. Michigan, Pennsylvania, New Jersey, Maryland (except points in the Balti­ A copy of the application is on file, Delaware, Tennessee, New York, Ken­ more, Md., commercial zone, as defined and can be examined at the Office of tucky, and points in North Carolina by the Commission), and that part of the Secretary, Interstate Commerce within 225 miles of Concord, N.C., in­ Tennessee on and east of U.S. Highway Commission, Washington, D.C., and also cluding Concord; for 180 days. Support­ 27 and on and north of U.S. Highway 70; in the field office to which protests are ing shipper: U.S. Plywood-Champion for 180 days. Supporting shipper: U.S. to be transmitted. Papers, Inc., Knightsbridge, Hamilton, Plywood-Champion Papers, Inc., Ohio 45011 (N. J. Leiberg, corporate Knightsbridge, Hamilton, Ohio 45011 M otor C a rriers o f P r o pe r t y traffic). Send protests to: Jack K. Huff, (N. J. Leiberg, Corporate Traffic). Send No. MC 730 (Sub-No. 285 TA), filed District Supervisor, Bureau of Opera* protests to: Jack K. Huff, District Super­ July 6, 1967. Applicant: PACIFIC IN­ tions, Interstate Commerce Commission, visor, Bureau of Operations, Interstate TERMOUNTAIN EXPRESS CO., 14th Room 206, 327 North Tryon Street, Char­ Commerce Commission, Room 206, 327 and Clay Streets, Post Office Box 958, lotte, N.C.28202. North Tryon Street, Charlotte, N.C. Oakland, Calif. 94604. Applicant’s repre­ No. MC 50069 (Sub-No. 381 TA), filed 28202. sentative: Edward G. Bazelon, 39 South July 6, 1967. Applicant: REFINERS No. MC 107409 (Sub-No. 32 TA), filed LaSalle Street, Chicago, HI. 60603. Au­ TRANSPORT & TERMINAL CORPORA­ July 6, 1967. Applicant: RATLIFF & thority sought to operate as a common TION, 930 North York Road, Hinsdale, RATLIFF, INC., Post Office Box 399, carrier, by motor vehicle, over irregular HI. 60521. Applicant’s representative: Highway 742, Wadesboro, N.C. 28170. Ap­ routes, transporting: General commodi­ Robert H. Levy, 29 South La Salle Street, plicant’s representative: Francis J. Ort­ ties (except those requiring armored ve­ Chicago, 111. Authority sought to operate man, 1700 Pennsylvania Avenue NW., hicles or armed guards, classes A and B as a common carrier, by motor vehicle, Washington, D.C. 20006. Authority explosives, household goods as defined by over irregular routes, transporting: Lu­ sought to operate as a common carrier, the Commission, commodities in bulk, bricating oil, from Cleveland, Ohio, to by motor vehicle, over irregular routes, and those requiring special equipment), Kansas City, Mo.; for 150 days. Support­ transporting: Plywood, faced or not between the plantsites and warehouse ing shipper: Mobil Oil Corp., 150 East faced with a protective or decorative ma­ facilities of Rockwell-Standard Oorp. at 42d Street, New York, N.Y. 10017 (H. B. terial, and boards or sheets, wood parti­ or near Winchester, Ky., on the one Brown, general traffic manager). Send cle, faced or not faced with a protective hand, and, on the other, points in Cali­ protests to: William E. Gallagher, Dis­ or decorative material, moving separate­ fornia, Colorado, Connecticut, Idaho, Il­ trict Supervisor, Bureau of Operations, ly or with hardboard sheets and boards, linois, Indiana, Iowa, Kansas, Maryland, Interstate Commerce Commission, Room from Catawba, S.C., and points within Massachusetts, Michigan, > Minnesota, 1086, 219 South Dearborn Street, Chica­ 5 miles thereof, to points in Connecticut, Missouri, Nebraska, Nevada, New Jersey, go, HI. 60604. Hlinois (except points in the Chicago, New York, Ohio, Oregon, Pennsylvania, No. 55811 (Sub-No. 92 TA), filed 111., commercial zone, as defined by the Rhode Island, Utah, Washington, Wy­ July 7,1967. Applicant: CRAIG TRUCK­ Commission), Kentucky (except points oming, and the District of Columbia; for ING, INC., State Road 67, Albany, Ind. in the Cincinnati, Ohio, commercial zone, 180 days. Supporting shipper: Rockwell- 47320. Applicant’s representative: Ed­ as defined by the Commission), Mary­ Standard Corp., Winchester, Ely. 40391. ward G. Bazelon, 39 South La Salle land (except points in the Baltimore, Send protests to: William E. Murphy, Street, Chicago, HI. 60603. Authority Md., commercial zone, as defined by the District Supervisor, Bureau of Opera­ sought to operate as a common carrier, Commission), and that part of Tennessee tions, Interstate Commerce Commission, by motor vehicle, over irregular routes, on and east of U.S. Highway 27 and on 450 Golden Gate Avenue, Box 36004, San transporting: General commodities (ex­ and north of U.S. Highway 70; for 180 Francisco, Calif. 94102. cept articles of unusual value, classes A days. Supporting shipper: U.S. Plywood- No. MC 34930 (Sub-No. 23 TA), filed and B explosives, household goods as de­ Champion Papers Inc., Knightsbridge, July 7, 1967. Applicant: PRUE MOTOR fined by the Commission, commodities Hamilton, Ohio, 45011 (N.J. Leiberg, TRANSPORTATION, INC., Mast Road, in bulk, and those requiring special Corporate Traffic). Send protests to: Dover, N.H, 03820. Applicant 's repre­ equipment), between the plantsites and’ Jack K. Huff, District Supervisor, Bureau sentative: Arthur J. Piken, 160-16 Ja­ warehouses of Rockwell-Standard Corp. of Operations, Interstate Commerce maica Avenue, Jamaica, N.Y. 11432. Au­ at or near Winchester, Ky., on the one Commission, Room 206, 327 North Tryon thority sought to operate as a common hand, and, on the other, points in Indi­ Street, Charlotte, N.C. 28202. carrier, by motor vehicle, over irregular ana, Ohio, and Michigan; for 180 days. No. MC 107515 (Sub-No. 579 TA) , filed routes, transporting: Gasoline, kerosene, Supporting shipper: Rockwell-Standard July 7, 1967. Applicant: REFRIGER­ uieseZ fuel, and distillates, in bulk, from Corp., Transmission and Axle Division, ATED TRANSPORT CO., INC., Post South Portland, Maine, to Exeter and Winchester, Ky. 40391. Send protests to: Office Box 10799, Station A, 3901 Jones­ New Market, N.H.; for 180 days. Support­ J. H. Gray, District Supervisor, Bureau boro Road SE., Atlanta, Ga. 30310. ing shipper: Community Oil Co., Inc., of Operations, Interstate Commerce Applicant’s representative: B. L. Gund- Post office Box 2328, South Portland, Commission, 308 Federal Building, Fort lach (same address as above). Authority Maine 04106. Send protests to: Ross J. Wayne, Ind. 46802. sought to operate as a common carrier, oeymour, District Supervisor, Bureau of No. MC 107409 (Sub-No. 32 TA), filed by motor vehicle, over irregular routes, operations, Interstate Commerce Com- July 6, 1967. Applicant: RATLIFF & transporting: Frozen foodstuffs, from 24 Hanover Street, Lebanon, RATLIFF, INC., Post Office Box 399, Louisville, Ky., to Atlanta, Ga., and N.H. 03766. Highway 742, Wadesboro, N.C. 28170. points in its commercial zone; for 180

FEDERAL REGISTER, V O L 32, NO. 135— FRIDAY, JULY 14, 1967 10400 NOTICES days. Supporting shipper: Standard No. MC 117427 (Sub-No. 62 TA), filed District Supervisor, Bureau of Opera­ Foods Inc., 1101 East Washington Street, July 6,1967. Applicant: G. G. PARSONS tions, Interstate Commerce Commission, Louisville, Ky. 40206. Send protests to: TRUCKING CO., Post Office Box 1085, Room 206, 327 North Tryon Street, William L. Scroggs, District Supervisor,. North Wilkesboro, N.C. 28659. Applicant’s Charlotte, N.C. 28202. Bureau of Operations, Interstate Com­ representative: Francis J. Ortman, 1700 No. MC 123952 (Sub-No. 9 TA), filed merce Commission, 680 West Peachtree Pennsylvania Avenue NW.,'Washington, July 6, 1967. Applicant: RENTAR Street NW., Atlanta, Ga. 30308. D.C. 20006. Authority sought to operate TRUCKING, INC., 89-89 Union Turn­ No. MC 116483 (Sub-No. 4 TA), filed as a common carrier, by motor vehicle, pike, Glendale, N.Y. 11227. Applicant’s July 6, 1967. Applicant: JOHN P. FON­ over irregular routes, transporting: Ply­ representative: Arthur Ratner (same TANA, doing business as J & J TRANS­ wood, faced or not faced with a protec­ address as above). Authority sought to PORT, 100 Florida Street, Laurium, tive or decorative material, and boards operate as a contract carrier, by motor Mich. 49913. Applicant’s representative: or sheets, wood particle, faced or not vehicle, over irregular routes, transport­ John P. Boeschenstein, Hackley Union faced with a protective or decorative ma­ ing: Such commodities as are dealt in National Bank Building, Muskegon, terial, moving separately or with hard- by retail department stores, and mate­ Mich. Authority sought to operate as a board sheets and boards, from Catawba, rials, supplies, equipment and fixtures common carrier, by motor vehicle, over S.C., and points within 5 miles thereof, used in the operation of such stores; be­ irregular routes, transporting: Wood to points in Illinois, Indiana, Michigan, tween New York, Carle Place, West Islip, products, from the port of entry on the Iowa, Wisconsin, Nebraska, Kansas, Mis­ Huntington, Nanuet, Lawrence, Scars- international boundary line between the souri, Pennsylvania (except points in the dale, and Port Chester, N.Y.; Jersey United States and Canada, located at Philadelphia, Pa., commercial zone), City, North Brunswick, Watchung, Au­ Saulte Ste. Marie, Mich., to points in Virginia (except points in the Richmond, dubon, Trenton, West Orange, and Pa- Michigan; for 180 days. Supporting Va., commercial zone, and points in Cul­ ramus, N.J.; Hartford and Trumbull, shippers: Hayden Lumber Co., city of peper, Madison, and Rappahannock Conn.; Camp Hill, Springfield, Phila­ Saulte Ste. Marie, District of Algoma, Counties), Fairmont, W. Va., and points delphia, and King of Prussia, Pa.; Tow- Province of Ontario, Canada; and L. H. in the Cincinnati, Ohio, commercial son, Glen Bumie, Baltimore, and Rock­ Shay Veneer Co. of Canada, Ltd., city zone; for 180 days. Supporting shipper: ville, Md.; and Baileys Cross Roads, Va.; of Saulte Ste. Marie, District of Algoma, U.S. Plywood-Champion Papers Inc., restricted to shipments moving from, Province of Ontario, Canada. Send pro­ Knights-Bridge, Hamiliton, Ohio 45011 to, or between suppliers, wholesale or tests to: C. R. Flemming, District Super­ (N. J. Leiberg, Corporate Traffic). Send retail outlets, warehouses, and other fa­ visor, Bureau of Operations, Interstate protests to: Jack K. Huff, District Super­ cilities of E. J.: Korvette, division of Commerce Commission, 221 Federal visor, Bureau of Operations, Interstate Spartans Industries, Inc., of New York, Building, Lansing, Mich. 48933. Commerce Commission, Room 206, 327 N.Y.; for 150 days. Supporting shipper: No. MC 116886 (Sub-No. 32 TA) , filed North Tryon Street, Charlotte, N.C. E. J. Korvette. Inc., 629 Grove Street, July 7, 1967. Applicant: HOWELL’S 28202. Jersey City, N.J. 07302. Send protests to: MOTOR FREIGHT, INCORPORATED, No. MC 117898 (Sub-No. 21 TA), filed Anthony Chiusano, District Supervisor, 2210 Winston Avenue SW., .Roanoke, July 6, 1967. Applicant: WILLIAM Bureau of Operations, Interstate Com­ Va. 24014. Applicant’s representative: EARNHARDT, doing business as EARN­ merce Commission, 346 Broadway, New R. Roy Rush, Shenandoah Building, HARDT TRANSPORT, Post- Office Box York, N.Y. 10013. Roanoke, Va. 24011. Authority sought 376, 205 East Council Street, Salisbury, No. MC 128814 (Sub-No. 6 TA), filed to operate as a common carrier, by N.C. 28144. Applicant’s representative: July 6, 1967. Applicant: TRI-STATE motor vehicle, over irregular routes, Francis J. Ortman, 1700 Pennsylvania MOTOR TRANSIT CO., Lessee H. Mes- transporting: Meat,. meat products, Avenue NW., Washington, D.C. 20006. sick, Inc., Post Office Box 113, East on meat byproducts, dairy products, and Authority sought to operate as a com­ Interstate Business Route 44, Joplin, articles distributed by meat packing- mon carrier, by motor vehicle, over ir­ Mo. 64801. Applicant’s representative: houses, as defined by the Commission, regular routes, transporting: Plywood, Max G. Morgan, 450 American National in appendix I, sections A, B, and C, to faced or not faced with a protective or Building, Oklahoma City, Okla. 73102. the report in Descriptions in Motor Car­ decorative material, and boards and Authority sought to operate as a con­ rier Certificates, 61 M.C.C. 209 and 766, sheets, wood particle, faced or not faced tract carrier, by motor vehicle, over ir­ between Louisville, Ky., and points with­ with a protective or decorative material, regular routes, transporting: Explosives, in 100 miles of Louisville, Ky.; for 180 moving separately or with hardboard sheets and boards; from Catawba, S.C., blasting agents, and blasting supplies, days. N o t e : Applicant states that it in­ between Ishpeming, Mich., and Virgin­ tends to tack authority sought with that and, points within 5 miles thereof, to ia, Minn., on the one hand, and, on the previously held. Supporting shipper: Dover, Del.; Fairmont, W. Va., and points other, points in Illinois south of Route Oscar Mayer & Co., Inc., Madison, Wis. in Arkansas, Kentucky (except points in the Cincinnati, Ohio, commercial 36; for 180 days. Supporting shipper: Send protests to: George S. Hales, Dis­ Hercules, Inc., Suite 500, 120 Oakbrook trict Supervisor, Bureau of Operations, zone, as defined by the Commission), Center Mall, Oak Brook, 111. 60521. Send Interstate Commerce Commission, 215 Louisiana, Maryland (except points in protests to: John V. Barry, District Su­ Campbell Avenue SW., Roanoke, Va. the Baltimore, Md., commercial zone, as pervisor, Bureau of Operations, Inter­ 14011. defined by the Commission), Mississippi, Missouri, New Jersey (except points in state Commerce Commission, 1100 Fed­ No. MC 117395 (Sub-No. 13 TA), filed the Trenton, N.J., Philadelphia, Pa., and eral Office Building, 911 Walnut Street, July 7, 1967. Applicant: SOUTHERN New York, N.Y., commercial zones, as de­ Kansas City, Mo. 64106. CEMENT TRANSPORT, INC., Post fined by the Commission), New York No. MC 129200 (Sub-No. 1 TA), med Office Box 188, Okay, Ark. 71854. (except points in the New York, N.Y., ruly 7,1967. Applicant: WELDON MOV- Authority sought to operate as a con­ commercial zone, as defined by the Com­ NG & STORAGE CO., INC., 228 South tract carrier, by motor vehicle, over ir­ mission) , Pennsylvania (except points in J.S. Highway 1,_ Sharpes, Fla. 329W- regular routes, transporting: Ground the Philadelphia, Pa., commercial zone, Applicant’s representative: Robert • barite, in bulk, from Magnet, Ark., to as defined by the Commission), Virginia jallagher, Professional Building, points in Mississippi, Louisiana, Okla­ (except points in the Richmond, Va., Central Street, Wellesley, Mass. 02i»n homa, and Texas; for the account of commercial zone, as defined by the Com­ Authority sought to operate as acommon Baroid Division, National Lead Co.; for mission, and points in Culpeper, Madi­ ;arrier, by motor vehicle, over inegui& 180 days. Supporting shipper: Baroid son, and Rappahannock Counties), and •outes, transporting: Used ftowse/i Division, National Lead Co., Post Office that part of Tennessee on and east of loods, between points in Florida, Box 1675, Houston, Tex. 77001. Send U.S. Highway 27 and on and north of itricted to shipments moving °h protests to: D. R. Partney, District Su­ U.S. Highway 70; for 180 days. Support­ ading of a forwarder operating un pervisor, Bureau of Operations, Inter­ lection 402(B)(2) exemption, and nav ing shipper: UJS. Plywood-Champion ng an immediate, prior or subsequent state Commerce Commission, 2519 Fed­ Papers, Inc., Knightsbridge, Hamilton, eral Office Building, Little Rock, Ark. Ohio 45011 (N. J. Leiberg, corporate traf­ ine haul movement by rail, motor, wa » >r air; for 180 days. Supporting shippers. 72201. fic). Send protests to: Jack K. Huff,

FEDERAL REGISTER, V O L 32, NO. 135— -FRIDAY, JULY 14, 1967 NOTICES 10401

Kingpak, Inc., Post Office Box 18292, No. MC-FC-69734. By order of June 30, served on the applicant, or its authorized Wichita, Kans. 67218; Pyramid Van 1967, the Transfer Board approved the representative, if any, and the protests Lines, Post Office Box 2373, Station B, transfer to Dan Gaich Trucking, Inc., must certify that such service has been San Francisco, Calif. 94126; and Van- Rillton, JPa., of the operating rights in made. The protest must be specific as to pac, 4114 MacDonald Avenue, Richmond, certificate No. MC-85886 (Sub-No. 1), the service which such protestant can Calif. 94802. Send protests to: G. H. issued November 18, 1966, to Dan Gaich, and will offer, and must consist of a Fauss, Jr., District Supervisor, Bureau of doing business as Dan Gaich Delivery, signed original and six copies. Operations, Interstate Commerce Com­ Rillton, Pa., and the rights evidenced by A copy of the application is on file, and mission, Box 35008, Federal Office Build­ the certificate of registration in No. MC- can be examined at the Office of the Sec­ ing, 400 West Bay Street, Jacksonville, 85886 (Sub-No. 2), issued February 2, retary, Interstate Commerce Commis­ Fla. 32202. 1965, to Francis Joseph Toomey, Pitts­ sion, Washington, D.C., and also in the By the Commission. burgh, Pa., and transferred to Dan field office to which protests are to be Gaich, doing business as Dan Gaich transmitted. [ s e a l ] H. Neil Garson, Delivery, Rillton, Pa., March 18, 1966, Secretary. pursuant to No. MC-FC-68432, authoriz­ Motor Carriers of P roperty [FH. Doc. 67-8141; Filed, July 13, 1967; ing transportation under the said certif­ No. MC 75406 (Sub-No. 30 TA), filed 8:49 a.m.] icate, of glass products, rubber products, July 5, 1967. Applicant: SUPERIOR toys, iron and steel products, and furni­ FORWARDING COMPANY, INC., 2600 ture, between Jeannette, Pa., and Pitts­ South Fourth Street, St. Louis, Mo. [Notice 7] burgh, Pa., serving the off-route point 63118. Applicant’s representative: G. M. MOTOR CARRIER TRANSFER of Grapeville, Pa.; and under the certif­ Rebman, Suite 1230, Boatmen’s Bank icate of registration, such commodities Building, St. Louis, Mo. 63102. Authority PROCEEDINGS as are authorized in the certificate of sought to operate as a common carrier, J uly 11, 1967. public convenience granted in docket No. by motor vehicle, over regular routes, Synopses of orders entered pursuant 70527, date January 26, 1948, as modified transporting: General commodities (ex­ to section 212(h) of the Interstate Com­ and amended prior to October 15, 1962, cept those of unusual value, household merce Act, and rules and regulations issued by the Pennsylvania Public Utility goods, commodities in bulk, and those prescribed thereunder (49 CFR Part Commission. Louis H. Artuso, 416 Frick requiring special equipment), serving the 279), appear below: Building, Pittsburgh, Pa., attorney for plantsite of International Paper Co., applicants. As provided in the Commission’s spe­ Long Bell Division, Flakeboard Plant, cial rules of practice any interested per­ No. MC-FC-69745. By order of June approximately 4 miles north of Malvern, son may file a petition seeking recon­ 30, 1967, the Transfer Board approved Ark., and 3 miles east of U.S. Highway sideration of the following numbered the transfer to Stevenson’s Refrigerated 67 at or near Gifford, Ark., as an off- proceedings within 20 days from the date Truck Service, Inc., Muncie, Ind., of the route point, in conjunction with appli­ of publication of this notice. Pursuant operating rights in certificates Nos. MC- cant’s regular route authority as set out to section 17(8) of the Interstate Com­ 114463, MC-114463 (Sub-No. 1), MC- in MC 75406 and subs thereunder; for merce Act, the filing of such a petition 114463 (Sub-No. 3), and MC-114463 180 days. N ote: Applicant states that it will postpone the effective date of the (Sub-No. 5), issued August 24, 1954, intends to tack with authority under order in that proceeding pending its October 8,1959, April 11, 1962, and April MC 75406 and subs thereunder. Support­ disposition. The matters relied upon by 11, 1962, respectively, to J. Frederick ing shipper: Thomas E. Gates & Sons, petitioners must be specified in their Stevenson and Hester L. Stevenson, do­ Inc., 3640 South Santiam Highway, petitions with particularity. ing business as Stevenson’s Refrigerated Lebanon, Oreg. 97355. Send protests to: Truck Service, Muncie, Ind., authorizing J. P. Werthmann, District Supervisor, No. MC-FC-69727. By order of June the transportation of: Meats, packing­ Bureau of Operations, Interstate Com­ 30, 1967, the Transfer Board approved house products, and commodities used merce Commission, Room 3248-B, 1520 the transfer to Lee Malcom, Inc., doing Market Street, St. Louis, Mo. 63103. business as Lee Malcom, 832 Stewart by packinghouses, meat products and byproducts, and articles distributed by No. MC 107286 (Sllb-No. 24 TA), filed Avenue, Lewiston, Idaho, of certificate meat packinghouses, and dairy products, July 3, 1967. Applicant: M. PASCALE No. MC-100875, issued January 15, 1954, TRUCKING, INC., 8-10 Rice Street, to Lee Malcom, 832 Stewart Avenue, between points in Indiana, Ohio, and Illinois. Warren C. Moberly, 1212 Fletch­ South Attleboro, Mass. 02703. Applicant’s Lewiston, Idaho, authorizing the trans­ representative: Russell B. Curnett, 36 portation of: Agricultural commodities, er Trust Building, Indianapolis, Ind. 46204, attorney for applicants. Circuit Drive, Edgewood Station, Provi­ stock-salt, processed feeds, seeds, live­ dence, R.I. 02905. Authority sought to stock, and wool, between points in Aso- [ seal] H. Neil Garson, operate as a common carrier, by motor tm, Garfield, Columbia, Walla Walla, Secretary. vehicle, over irregular routes, transport­ whitman, and Spokane Counties, Wash., [F.R. Doc. 67-8142; Filed, July 13, 1967; ing: Brick, from Somerville, N.J., to on the one hand, and, on the other, 8:49 ajn.] points in Nez Perce and Latah Counties, Attleboro and Ayer, Mass.; for 180 days. Note: Applicant states that it intends Idaho; and between the above specified to tack authority sought with that pre­ Washington Counties on the one hand, [Notice 418] viously held. Supporting shippers: P. L. &nd on the other, Portland, Oreg., and MOTOR CARRIER TEMPORARY points in Wallowa, Union, and Umatilla Monroe & Son, Inc., 1 Worthington Counties, Oreg. AUTHORITY APPLICATIONS Road, Cranston, R.I.; and Dolben & Co., 250 Boylston Street, Boston, Mass. Send ^C-FC-69733. By order of June J uly 10, 1967. protests to: Gerald H. Curry, District jv’ i"®'» the Transfer Board approved The following are notices of filing of Supervisor, Bureau of Operations, Inter­ he transfer to Root’s Express, Inc., applications for temporary authority state Commerce Commission, 187 West­ inghamton, N.Y., of the operating under section 210a (a) of the Interstate minster Street, Providence, R.1.02903. ngnts m certificate No. MC-4910, issued Commerce Act provided for under the No. MC 107496 (Sub-No. 576 TA), filed November 19, 1965, to Alvin J. Lawrence, new rules of Ex Parte No. MC 67 (49 July 5, 1967. Applicant: RUAN TRANS­ aomg business as Randall’s Express, CFR Part 340), published in the F ederal PORT CORPORATION, Third and N-Y- authorizing the R egister, issue of April 27,1965, effective Keosauqua Way, Post Office Box 855, Des •^asportation, over a regular route, of July 1, 1965. These rules provide that Moines, Iowa 50304. Applicant’s repre­ hptnro <^mmodities, with exceptions, protests to the granting of an applica­ sentative: H. L. Fabritz (same address as between Geneva, N.Y., and Rochester, tion must be filed with the field official above). Authority sought to operate as a snp„i’fifJVinj; a11 intermediate points and named in the F ederal R egister publica­ common carrier, by motor vehicle, over d °ff~route Points. Herbert M. tion, within 15 calendar days after the irregular routes, transporting: Acids and Warrt^c? 345 South date of notice of the filing of the appli­ chemicals, in bulk, in tank vehicles, from Srracuse’ N-Y ' attomey cation is published in the F ederal R eg­ Wyandotte Chemicals Corp. plantsite at ister. One copy of such protest must be Port Edwards, Wis., to points in Illinois,

No. 135—Pt. I-----9 FEDERAL REGISTER, VOL. 32, NO. 135— FRIDAY, JULY 14, 1967 10402 NOTICES

Indiana, Iowa, Michigan, and Minne­ flatbed trailers, from Dedham, Mass., to injurious or contaminating to other lad­ sota; for 180 days. Supporting shipper: Brunswick and Sebago Lake, Maine; ing) ; restricted to the transportation of Wyandotte Chemicals Corp., Wyandotte, Wilmington, Montgomery, and K illin g - shipments having an immediately prior Mich. 48192. Send protests to: Ellis L. ton, Vt.; Barnstead, Sunapee, Wolf boro, or subsequent movement by air; between Annett, District Supervisor, Bureau of and Gilmanton Iron Works, N.H.; Po- O’Hare Air Field, Cook County, 111., on Operations, Interstate Commerce Com­ noco Farms, Lake Como, and Naomi, Pa.; the one hand, and, on the other, points mission, 227 Federal Office Building, Des Montauk, N.Y.; Rehoboth Beach, Del.; in Milwaukee, Racine, and Kenosha Moines, Iowa 50309. and Burgess, Va.; for 150 days. Support­ Counties, Wis., under a continuing con­ No. MC 107839 (Sub-No. 112 TA), filed ing shipper: Spacemakers, 750 Washing­ tract with North Central Airlines; for July 7, 1967. Applicant: DENVER- ton St;, Dedham, Mass. 02026. Send pro­ 180 days. Supporting shipper: North ALBUQUERQUE MOTOR TRANS­ tests to: James F. Martin, Jr., District Central Airlines, Inc., 6201 34th Avenue PORT, INC., 4985 York Street, Post Supervisor, Bureau of Operations, Inter­ South, Minneapolis, Minn., 55450 (John Office Box 16021, Denver, Colo. 80202. state Commerce Commission, John F. S. Minerich, Manager, Cargo Admin.). Applicant’s representative: Edward T. Kennedy Building, Government Center, Send protests to: W. F. Sibbald, Jr., Dis­ Lyons, Jr., 420 Denver Club Building, Boston, Mass. 02203. trict Supervisor, Bureau of Operations, Denver, Colo. 80202. Authority sought No. MC 111594 (Sub-No. 33 TA), filed Interstate Commerce Commission, 135 to operate as a common carrier, by motor July 5, 1967. Applicant: C W TRANS­ West Wells Street, Room 807, Milwaukee, vehicle, over irregular routes, transport­ PORT INC., 610 High Street, Wiscon­ Wis., 53203. ing: Meats, meat products, meat by­ sin Rapids, Wis. 54494. Applicant’s rep­ No. MC 127737 (Sub-No. 1 TA), filed products, articles distributed by meat resentative: Edward G. Bazelon, 39 July 3, 1967. Applicant: JIM EDWARD packinghouses, and dairy products, as South La Salle Street, Chicago, 111. GODFREY, Route 3, Gaffney, S.C. 29340. defined in sections A, B, and C of appen­ 60603. Authority sought to operate as a Applicant’s representative: John L. dix I to the report in Descriptions in common carrier, by motor vehicle, over Brown, 6120 Bridgeport Drive, Charlotte, Motor Carrier Certificates, 61 M.C.C. 209 irregular routes, transporting: General N.C. 28205. Authority sought to operate and 766, from Albuquerque, N. Mex., to commodities (except articles of unusual as a common carrier, by motor vehicle, Grants and Gallup, N. Mex.; and value, classes A and B explosives, house­ over irregular routes, transporting: Fer­ Window Rock, Ft. Defiance, St. Michaels, hold goods as defined by the Commis­ tilizer and fertilizer materials, in bags, Ganado, Chinle, and Many Farms, sion, commodities in bulk, and those re­ from Augusta, Ga., to points in Cherokee Ariz.; for 150 days. N ote: Applicant pro­ quiring special equipment), between the and Spartanburg Counties, S.C., and poses to tack authority applied for at plantsites and warehouses of Rockwell- Cleveland and Rutherford Counties, Albuquerque, N. Mex., with permanent Standard Corp. at or near Winchester, N.C.; for 180 days. Supporting shippers: authority held in MC 107839 (Sub-No. Ky., on the one hand, and, on the other, Agrico Chemical Co., Forest City, N.C.; 101) where shipments originated at points in Illinois, Indiana, Wisconsin, International Minerals & Chemical Corp., Denver, Colo. Supporting shipper: and Minneapolis-St. Paul, Minn.; for 180 Spartanburg, S.C.; and Southern Fer­ Cudahy Packing Co., 4801 Brighton days. Supporting shipper: Rockwell- tilizer & Chemical Co., Roebuck, S.C. Boulevard, Denver, Colo. Send protests Standard Corp., Transmission and Axle Send protests to: Arthur B. Abercrombie, to: Herbert C. Ruoff, District Supervisor, Division, Winchester, Ky. 40391. Send District Supervisor, Bureau of Opera­ Bureau of Operations, Interstate Com­ protests to: C. W. Buckner, District Su­ tions, Interstate Commerce Commission, merce Commission, 2022 Federal Office pervisor, Bureau of Operations, Inter­ 303A Federal Building, 901 Sumter Building, Denver, Colo. 80202. state Commerce Commission, 214 North Street, Columbia, S.C. No. MC 109521 (Sub-No. 6 TA), filed Hamilton Street, Madison, Wis. 53703. No. MC 128862 (Sub-No. 3 TA), filed No. MC 127384 (Sub-No. 3 TA), filed July 3,1967. Applicant: B. J. CECIL, do­ July 5, 1967. Applicant: WALTER E. July 5, 1967. Applicant: CHARDEL ing business as B. J. CECIL TRUCKING, COY, doing business as COY BROS., TRANSPORTATION CORP., 573 West Post Office Box 278, Claypool, Ariz. 85532. Post Office Box 416, Canfield, Ohio 44406. Street, New York, N.Y. Applicant’s rep­ Applicant’s representatives: Galland, Authority sought to operate as a common Kharasch, Calkins, and Lippman, 1824 R carrier, by motor vehicle, over irregular resentative: Arthur J. Piken, 160-16 Jamaica Avenue, Jamaica, N.Y. Author­ Street NW., Washington, D.C. 20009. routes, transporting: Clay and clay prod­ Authority sought to operate as a com­ ucts, in bulk, in dump vehicles equipped ity sought to operate as a contract car­ rier, by motor vehicle, over irregular mon carrier, by motor vehicle, over ir­ with specialized conveyor unloading regular routes, transporting: Iron ore, equipment, from the Pinny Dock & Stor­ routes, transporting: Meats, meat prod­ ucts, meat byproducts, and articles dis­ from the CF & I Steel Corp. mine site age Co. docks at Ashtabula, Ohio, to on the San Carlos Indian Reservation points in New York, Ohio, Pennsylvania, tributed by meat packinghouses, as de­ scribed in sections A and C of appendix located approximately 50 miles from West Virginia, New Jersey, Kentucky, Snowflake, Ariz., to Snowflake, Ariz.; Illinois, Indiana, Michigan, and Wiscon­ I to the report in Descriptions in Motor Carrier Certificates, 61 M.C.C. 209 and restricted to traffic having a subsequent sin; restricted to traffic moving in for­ out-of-state movement by rail; for 150 eign commerce with a prior movement 766, in temperature-controlled vehicles, for the account of Charles Holzer, from days. Supporting shipper: CF & I Steel by water; for 150 days. Supporting ship­ Corp., Post Office Box 1920, Denver, Colo. pers Moore & Munger, 33 Rector Street, Spencer and Des Moines, Iowa, Luveme, Minn., Omaha, Nebr., to New York, N.Y.; 80201. Send protests to: Andrew V. Bay* New York, N.Y.; and Paper Makers Im­ lor, District Supervisor, Bureau of Op- porting Co., Inc., Easton, Pa. Send pro­ for 180 days. Supporting shipper: Charles Holzer, 573 West Street, New York, N.Y. 'erations, Interstate Commerce Commis­ tests to: G. J. Baccei, District Supervisor, sion, 3427 Federal Building, Phoenix, Bureau of Operations, Interstate Com­ Send protests to: Paul W. Assenza, Dis­ merce Commission, 435 Federal Build­ trict Supervisor, Bureau of Operations, A tH'z Interstate Commerce Commission, 346 No. MC ¿29165 (Sub-No. 1 TA), fUed ing, 215 Superior Avenue, Cleveland, July 3, 1967. Applicant: BIRD TRUCK­ Ohio 44114. Broadway, New York, N.Y. 10013. No. MC 127730 (Sub-No. 2 TA), filed ING & CARTAGE, INC., 7447 Dix, De­ No. MC 109632 (Sub-No. 25 TA), filed July 3, 1967. Applicant: A A. A. CART­ troit, Mich. 48209. Applicant’s represent­ July 3, 1967. Applicant: LOPEZ AGE, INC., 8636 West Harrison Ave­ ative: Robert A. Sullivan, 1800 Bum TRUCKING, INC., 131 Linden Street, nue, Milwaukee, Wis. 53227. Applicant’s Building, Detroit, Mich. 48226. Authority Waltham, Mass. 02154. Applicant’s rep­ representative: Rolfe E. Hanson, 121 sought to operate as a common carrier, resentative: Kenneth B. Williams, 111 West Doty Street, Madison, Wis. 53703. by motor vehicle, over irregular route , State Street, Boston, Mass. Authority Authority sought to operate as a contract transporting: Automobile parts, assem­ sought to operate as a common carrier, carrier, by motor vehicle, over irregular blies, and materials used in the manu­ by motor vehicle, over irregular routes, routes, transporting: General commodi­ facture of automobiles, between points transporting: Prefabricated wooden ties (except those of unusual value, in Wayne County, Mich., and points i buildings, and in connection therewith, household goods as defined by the Com­ the Detroit, Mich., commercial zone, as component parts thereof and equipment mission, commodities requiring special defined by the Commission, on the one and material incidental to the erection equipment, commodities in bulk, classes hand, and, on the other, Detroit Mew and completion of such buildings, on A and B explosives, and commodities politan Airport, Romulus, Mich., ana

FEDERAL REGISTER, VOL. 32, NO. 135— FRIDAY, JULY 14, 1967 NOTICES 10403

Willow Run Airport, Ypsilanti, Mich., No. MC 129220 TA, filed July 5, 1967. mission, and points on and east of U.S. having prior or subsequent movement Applicant: TED M. HOSLER, doing Highway 41), Illinois (except points in by air; for 150 days. Supporting shipper: business as HOSLER MOVING & STOR­ the Chicago, HI., commercial zone, as de­ Ford Motor Co., The American Road, AGE, 826 North Price, Junction City, fined by the Commission), Indiana, (ex­ Dearborn, Mich. Send protests to: Ger­ Kans. 66441. Applicant’s representative: cept Indianapolis and that part of the ald J. Davis, District Supervisor, Bu­ Paul F. Sullivan, Colorado Building, 1341 Chicago, 111., commercial zone, as defined reau of Operations, Interstate Commerce G Street NW., Washington, D.C. 20005. by the Commission, in the State of In­ Commission, 1100 Broderick Tower, 10 Authority sought to operate as a common diana) , Minnesota and Ohio from Witherell, Detroit, Mich. 48226. carrier, by motor vehicle, over irregular L’Anse, Mich., to points in North Dakota, No. MC 129210 (Sub-No. 1 TA), filed routes, transporting: Household goods, South Dakota, Nebraska, Iowa and Mis­ July 3, 1967. Applicant: ASTRON FOR­ as defined by the Commission, between souri, from Freeport, HI., to points in WARDING COMPANY, 75 Market points in Geary, Riley, Dickinson, Saline, Wisconsin, between Warren, HI., on the Street, Post Office Box 161, Oakland, Morris, Clay, Pottawatomie, Wabaunsee one hand, and, on the other, points in Calif. 94604. Applicant’s representative: Counties, Elans.; for 180 days. Support­ Indiana, Kansas, Michigan, Minnesota, Alan F. Wohlstetter, 1 Farragut Square ing shippers: Jet Forwarding, Inc., 2945 Nebraska, Ohio, Pennsylvania, and South, Washington, D.C. Authority Columbia Street, Torrance, Calif. 90503 ; South Dakota; roofing, roofing materials sought to operate as a common carrier, Burnham World Forwarders, Inc., 1632 and supplies, paint, building paper, and by motor vehicle, over irregular routes, Second Avenue, Columbus, Ga. 31901; insulation and insulation materials, transporting: Household goods, as de­ Delcher Intercontinental Moving Service, from Minneapolis, Minn., to points in the fined by the Commission, between points a division of Delcher Brothers Storage Upper Peninsula of Michigan; roofing in Hawaii; restricted to the handling of Co., 262 Riverside Avenue, Jacksonville, granules, in bulk, from Wausau and traffic originating at or destined to out- Fla.; and Trans Ocean Van Service, Post Kremlin, Wis., to Minneapolis and St. of-state points; for 180 days. Supporting Office Box 7331, Long Beach, Calif. 90807. Paul, Minn., Waukegan, Chicago, Chi­ shippers: Raytheon Co., Lexington, Send protests to : I. C. Peterson, District cago Heights, Joliet, and Wilmington, Mass. 02173; Independent Printing Co., Supervisor, Bureau of Operations, Inter­ 111., and South Bend, Ind; crushed, 209 11th Street, Richmond, Calif.; Fed­ state Commerce Commission, 234 Fed­ ground, or pulverized stone, stone dust, eral Sign & Signal Corp., Post Office Box eral Building, Topeka, Kans. 66603. and quarry waste, in bulk, from Kremlin, 4035, Oakland, Calif. 94623; Permanente By the Commission. Wis., to Minneapolis and St. Paul, Minn., Cement, 300 Lakeside Drive, Oakland, Waukegan, Chicago, Chicago Heights, Calif. 94612; and Headquarters, Defense [ seal] H. Neil Garson, Joliet, and Wilmington, HI., and South Traffic Management Service, Washing­ Secretary. Bend, Ind.; prefabricated buildings, ton, D.C. 20305. Send protests to: Wil­ [F.R. Doc. 67-8072; Filed, July 12, 1967; complete, knocked down, or in sections, liam E. Murphy, District Supervisor, Bu­ 8:49 a.m.] including all components parts, equip­ reau of Operations, Interstate Commerce ment, and materials incidental to the erection and completion of such build­ Commission, 450 Golden Gate Avenue, [Notice 1084] Box 36004, San Francisco, Calif. 94102. ings, when shipped therewith, from No. MC 129215 TA, filed July 3, 1967. Litchfield, Minn., to points in Colorado, APPLICATIONS UNDER SECTIONS Hlinois, Iowa, Kansas, Michigan, Mis­ Applicant: RONALD G. MONTGOM­ 5 AND 210a(b) ERY, doing business as Ron Montgom­ souri, Montana, Nebraska, North Dakota, ery Trucking Co., 17620 Southeast Tib- July 12, 1967. South Dakota, Wisconsin, and Wyoming; bets, Portland, Oreg. 97236. Authority The following applications are gov­ and animal feeds, poultry feeds, animal sought to operate as a contract carrier, erned by the Interstate Commerce Com­ feed ingredients and poultry feed in­ by motor vehicle, over irregular routes, mission’s special rules governing notice gredients, from Minneapolis, Minn., to transporting: Groceries, from points in of filing of applications by motor car­ points in the Upper Peninsula of Mich­ California to points in Oregon; for 180 riers of property or passengers under igan. SAWYER TRANSPORT, INC. days. Supporting shipper: Cordi Sales sections 5(a) and 210a(b) of the Inter­ (MINNESOTA CORP.), holds no author­ Co., 2606 Southeast 12th Avenue, Port­ state Commerce Act, and certain other ity from this Commission. However, its land, Oreg. 97202. Send protests to: S. F. proceedings with respect thereto. (49 sole stockholder, is affiliated with R. C. Martin, District Supervisor, Bureau of CFR 1.240.) WILSON, doing business as WILSON Operations, Interstate Commerce Com­ TRUCK SERVICE, 2424 Minnehaha mission, 450 Multnomah Building, Port­ Motor Carriers of P roperty Avenue, Minneapolis, Minn. 55404, which land, Oreg. 97204. No. MC-F-9813. Authority sought for is authorized to operate as a common No. MC 129219 TA, filed July 5, 1967. control and merger by SAWYER carrier in Iowa, Minnesota, Illinois, and Applicant: CMD TRANSPORTATION, TRANSPORT, INC. (MINNESOTA Wisconsin. (This carrier’s authority is INC., 3750 Southeast Belmont, Portland, CORP.), 2424 Minnehaha Avenue, Min­ presently pending in MC-F-8909.) Oreg. 97214. Applicant’s representative: neapolis, Minn. 55404, of the operating Other proceedings relating to that ac­ Oliver Crowther, 6359 Southwest Capitol rights and property of SAWYER quisition are MC-F-9233 and MC-C- Highway, Portland, Oreg. 97201. Author­ TRANSPORT, INC. (ILLINOIS CORP.), 4915. Applicant proposed to become the ity sought to operate as a contract car­ 2424 Minnehaha Avenue, Minneapolis, substituted party in all respects to these rier, by motor vehicle, over irregular Minn. 55404, and for acquisition by proceedings. Application has not been routes, transporting: Electric storage ROBERT W. SAWYER, also of Minneap­ filed for temporary authority under sec­ batteries, from Portland, Oreg., to points olis, Minn., of control of such rights tion 210a(b). Note: Protest must be filed in Washington and Idaho; and junk bat­ and property through the transaction. within 15 days from date notice is pub­ teries, batteries returned for service or Applicants’ attorneys: Alan Foss, and lished in the F ederal R egister of this adjustment to shipper, on return; for 180 Van Osdel, 502 First National Bank section 5 application. The proposed days. Supporting shipper: Standard Building, Fargo, N. Dak. 58102. Operat­ transaction arises from Hlinois reciproc­ Batteries, Inc., 3750 Southeast Belmont, ing rights sought to be controlled and ity laws. Portland, Oreg. 97214. Send protests to: merged: Building materials, as a com­ By the Commission. S. F. Martin, District Supervisor, Bureau mon carrier, over irregular routes, from [seal] H. Neil Garson, of Operations, Interstate Commerce L’Anse, Mich., to points in Wisconsin Secretary. Commission, 450 Multnomah Building, (except points in the Milwaukee, Wis., [F.R. Doc. 67-8205; Filed, July 13, 1967; Portland, Oreg. 97204. commercial zone, as defined by the Com­ 8:50 a.m.]

FEDERAL REGISTER, VOL. 32, NO. 135— FRIDAY, JULY 14, 1967 10404 FEDERAL REGISTER

CUMULATIVE LIST OF PARTS AFFECTED— JULY

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 July.

3 CFR Page 7 CFR— Continued Page 9 CFR Page P roclamations: 1474______9510 51------...... 9945 3790 ______— 9803 1520______9827 204______9636 3791 ______10047 1701______9613 3792______——______10341 1804______9828 10 CFR 3793 ______10343 1813______9614 P roposed R ules: 2101______9615 E x e c u t iv e O r d e r s : 50------10213 9979 (See EO 11360)______9787 P roposed R ules: 9988 (See EO 11360)______9787 51______10084, 10090, 10097 12 CFR 10001 (See EO 11360).______9787 958______9835 l ______9809 10008 (See EO 11360)______9787 1001______9902 4______9513 10202 (See EO 11360)______9787 1004______9836 261_____ 9516 10292 (See EO 11360)______9787 1006______10308 271 _ 9518 10363 (See EO 11360).;_____ 9787 1015______9902 272 _ 9518 10366 (See EO 11360)______9787 1032______10203 301_____ 9638 10469 (See EO 11360)______9787 1050______10203 303_____ 9638 10562 (See EO 11360)______9787 1062______10203 305_____ 9638 10659 (See EO 11360)______9787 1067______9691,10203 307_____ 9638 10714 (See EO 11360).______9787 1090____— ______9977 309_____ 9638 10735 (See EO 11360)______9787 1101______9977 328_____ 10189 10809 (See EO 11360)______9787 1102______9691 330_____ 10408 10984 (See EO 11360)______9787 1104______9694 334_____ 9638 11098 (See EO 11360)_____ 9787 1127 ______9697 505_____ 9520 11188 (See EO 11360)______9787 1128 ______10206 545_____ 9955 11241 (See EO 11360) ______9787 1132______9694 561___ 10415 11266 (See EO 11360)______9787 564_____ 10415 11278 (Amended by EO 11359).. 10049 8 CFR 11350 (See EO 11360)______9787 100______9616 13 CFR 11359A ______10049 101______9622 101 ______10059 11360______9787 103______9622 102 ______9522 * 11361______10153 204______9624 114______10190 211______9625 121______10364 5 CFR 212______9625 301______10365 213 ______9626 307_____ ;______10365 213. 9493, 9605, 9807, 10249, 10293, 10345 214 ______9626 294______9493 215 ______9626 P roposed R ules: 511______9605 221______9626 121______9980, 9982 534______9605 223______9626 550______9807 231— — ______9626 14 CFR 234 ______9627 1. ______9640,10250 7 CFR 235 ______9627 39 ___ 9641, 10061, 10345 236 ______9628 1______9605 71. “" " I I ______9641- 238 ______9629 9643, 9808, 9956, 10061, 10192, 301 (3 documents)_____ 9496, 9499, 9507 239 ______9631 354.______9945 10193,10346,10347. 242______9631 73— 10194, 10296, 10347 370___ 9606 243— ______9632 _ 9640,9809 412______i ______&_____ 9816 OI­ _ 10250 245______9632 OS— 601______10155 248 ______9632 717 ______9946,10293 97— 9957,10348 249 ______9632 401- 9963 718 ______9507 251 ______9632 __ 9524 722______9608 1201. 252 ___— 9632 1206 9528 725______9817, 10293 253 _____ 9633 728______9819 Proposed R ules: 264______9633 ______10103 751______9821 292— ______9633 23. 798______9608 I_9703, 10370-10372 299______9633 39. _ 10103 811______9949 312— ______9633 61 817______10345 316a______9634 71. —I—I——-I---- 9571 ’ 900______9610, 9821 319______9635 9704-9708, 9986, 10103, 10210- 905______9508,10051 334______9635 10213,10309,10372. 908______9508,10051 75. 9708,10212 337______9635 ------"““" Ill______10373 910______9509,10052 339______9635 77_. 911— ______9822 341______91------9840. 9987,^ 10311 10310 915 ______10156 9635 343______121. ------____ 9841 916 ______9612 9635 343a______9635 221 9841,10265 917 ______9822,10296 343b______9636 389. ------^ 9841 944______10052 349______9636 399 980______„______9509 499— ______9636 1032______9612 15 CFR 1073______9510 P roposed R ules: 10252 1104______9823 211______10370 3— ____ 9643 1132______9823 212______10370 4______10194 1421------9612, 9824, 10052,10057 214______10370 200____ 10198 1446______9950 241______10370 235_____ 10252 1464______9826,10249 292______10370 256_____ FEDERAL REGISTER 10405

15 CFR— Continued Page 25 CFR Page 32 CFR—Continued Page Ch. in ______10077,10297 41______10058 1609 ______9973 365----- 9809 73______10253 1610 ______9973 369 ______— ------10078 1622______9973 370 ______10078 26 CFR 371 ______10079 48______9540 32A CFR 372 ______10078 601______9541 P ro po sed R u l e s : 373 ______10078,10079 P r o po sed R u l e s : Ch. XVIII (MA): 379______10078 SM R-5______10102 382______10082 1______10261 385______10079 33 CFR 399______10082 27 CFR P ro po sed R u l e s : 207_____ 10299 5______10208 16 CFR 36 CFR 13______9645-9648, 10058 15______10297,10298 28 CFR 200______9679 504______9682 P roposed R u l e s : 0 ______9662 415______9843 16_,______9662 39 CFR 500_____ 9571 29 CFR 118------9559 17 CFR ioi______9547, 10Ö59 P r o po sed R u l e s : 143------10308 140______9648 102______5 ____ 9547 200_____ 9828,10198 516______9551 526______9811 41 CFR 18 CFR 1401______9811 1-8------9683 1402 ______9811 4-2______10083 i______10062 101-12______10299 2______9955 1403 ______9811 3______10062 1404______9811 101-25______“ 9683 131_____ 9650 1605______10298 101-43______10255 P r o po sed R u l e s : 105-60______9564 P roposed R u l e s : 101______9709 4______10132,10265 42 CFR 141___ &___ 9709 31 CFR 57------1_____ 10202 19 CFR P r o po sed R u l e s : 1 ______9562,10059 73------9698 Ch. I___ 10200 92______9664 14______9533 205______10201 43 CFR 17_____ 9533 256 ______9564 26___ 9533 257 ______9665 2------9974 31._____ 9537 270______9665 21______10299 323______9967 P u b l ic L and O r d e r s : 20 CFR 351.______I 9666 4237 ___ 10255 200___ _ 9651 4238 ______10256 262____ 9651 32 CFR 4240 ______10257 405____ 9537 1 ______10157 4241 ______10257 2 ______10158 4242 ______10258 21 CFR 3 ______10159 4243 ______10258 4 ______10161 4244 ______10258 9945,10199 4245 ______10259 141a______9810 6______10167 7______10167 4246 ______10259 141c______10298 4247 _ 10259 141e__ ,______10199 9______10172 10______10172 4248 ______10259 145______9810 4249 ______10260 146a___ 13______10173 _____ 9810 4250 ______10260 146c______10298 16______10173 146e______10199 18______10174 4251 ______10260 308______7 ___._ 10070 22______10174 30 ______10180 44 CFR P roposed R u l e s 67 ______9968 401------9816 14___ 9979 68 ______9968 166______10308 242 ______9969 45 CFR 243 ______9971 503_____ 22 CFR 286______9666 9569 704_____ 212__ 287______9670 9684 9652 290______1005_l _ 9685 302 ______9654 9671 303 ______518______10355 1009____ 9687 9654 800______501 ______~ 9657 9673 1030____ 10073 502 ______10352 806______:__ 9674 503____ IIIIIII! 9657 813a______9677 46 CFR 822______9673 530______9650 23 CFR 827______9677 47 CFR 10072 857______9677 870______9677 0------10363 24 CFR 873______9678 2 -______10181,10299 15__ 9660 1455______10299 73 ______9815, 10184, 10300, 10303, 10306 200______" Ch. XVI______9679 74 ______10306 1600_ 9539 9662 1607______9973 87___ 10299 W*

10406 FEDERAL REGISTER

4 7 CFR—Continued Page P r o po se d R u l e s : 73______10375 89______10375 49 CFR 5______10363 9______10076 105a______—— ______9816 195______9689 292______10306 50 CFR 32______9690

\ FEDERAL REGISTER

VOLUME 32 • NUMBER 135

Friday, July 14, 1967 Washington, D.C.

PA RT II

Federal Deposit Insurance Corporation

Federal Home Loan Bank Board

Insurance of Accounts and Deposits

No. 135—P t. II___ i 10408 FEDERAL REGISTER

Sec..|* ■ '.• separately insured if the value of the FEDERAL DEPOSIT INSURANCE 330.4 Accounts held by executors or ad trust interest is capable of determina­ ■ ministrators. tion, Without evaluation of contingen­ 330.5 Accounts held by a corporatior or CORPORATION partnership. cies, except for those covered by the 330.6 Accounts held by an uninccrporated present worth tables and rules of cal­ association. - ' i I HHKI culation for their use set forth in Title 12— DANKS AND BANKING 330.7 Independent activity. § 20.2031-7 of the Federal Estate Tax Chapter III— Federal Deposit 330.8 Public unit accounts. * Regulations (26 CFR 20.2031-7). 330.9 Joint accounts. Insurance Corporation (2) In connection with any trust in 330.10 Trust accounts. which certain trust interests are not SUBCHAPTER B— REGULATIONS AND 330.11 Deposits evidenced by negotiable in­ capable of evaluation in accordance with STATEMENTS OF GENERAL POLICY stru m e n ts. 330.12 Deposit obligations for payment of the foregoing rule, payment by the Cor­ PART 330— CLARIFICATION AND DEF­ items forwarded for collection by poration to the trustee with respect to all such trust interests shall not exceed INITION OF DEPOSIT INSURANCE bank acting as agent. 330.13 Continuation of prior coverage. the basic insured amount of $15,000. COVERAGE 330.14 Notification. (3) Each trust interest in any trust On January 27, 1967, a noticfe of pro­ I nterpretation established by two or more settlors shall posed rule making was published in the 330.101 Recognition of deposit ownership in be deemed to be derived from each F ederal R e g is t e r (32 F .R . 996) stating custodial accounts. settlor pro rata to his contribution to the trust. that the Board of Directors of the Fed­ Au th o r ity : The provisions of this Part 330 eral Deposit Insurance Corporation was issued under sec. 9, 64 Stat. 881; 12 U.S.C. (4) The term “trust interest” means considering the adoption of new rules 1819; sec. 3, 80 Stat. 1056; 12 U.S.C. 1813. In­ the interest of a beneficiary in an ir­ and regulations regarding insurance terpret or apply secs. 3, 7, 11, 12, 64 Stat. 873; revocable express trust, whether created coverage of deposit accounts. Interested 12 U.S.C. 1813, 1817, 1821, 1822. by trust instrument or statute, but does not include any interest retained by the parties were afforded an opportunity to R eg u l a t io n s participate in the rule making through settlor. the submission of comments within 60 § 330.1 General principles applicable in (5) With respect to trust funds held days from the date of publication in the determining insurance of deposit by an insured bank in a fiduciary capac­ F ederal R e g is t e r . After consideration of accounts. ity pursuant to section 7(i) of the Act, all such relevant matter as was submit­ (a) General. This Part 330 provides the term “trust interest” shall mean the ted by interested persons, the rules and for determination by the Corporation, of same as the term “trust funds” as used regulations as so proposed are hereby the insured depositors of an insured in section 3(p) of the Act. adopted, with certain changes,- as set bank and the amount of their insured § 330.2 Single ownership accounts. forth below. deposit accounts. The rules for deter­ The purpose of the rules and regula­ mining the insurance coverage of de­ Funds owned by an individual and tions adopted in revised Part 330 is to posit accounts maintained by depositors deposited in the manner set forth below define and clarify insurance coverage of in the same or different rights and ca­ shall be added together and insured up deposits in insured banks so as to carry pacities in the same insured bank are set to $15,000 in the aggregate. out the concept of limited coverage in­ forth in the following provisions of this (a) Individual-accounts. Funds owned tended by Federal deposit insurance. part. Insofar as rules of local law enter by an individual (or by the community The Federal Deposit Insurance Act is in­ into such determinations, the law of the between husband and wife of which the terpreted to limit the various devices jurisdiction in which the insured bank’s individual is a member) and deposited commonly used to increase such cover­ principal office is located shall govern. in one or more deposit accounts in his age beyond that meant to be provided (b) Records. (1) The deposit account own name shall be insured up to $15,000 by law. records of the insured bank shall be con­ in the aggregate. Specifically, the rules and regulations clusive as to the existence of any rela­ (b) Accounts held by agents or nomi­ set forth certain general principles re­ tionship pursuant to which the funds in nees. Funds owned by a principal and lating to record keeping requirements the account are deposited and on which deposited in one or more deposit ac­ and valuation of trust interests which a claim for insurance coverage is counts in the name or names of agents provide a basis for determining the founded. Examples would be trustee, or nominees shall be added to any in­ amount of insurance available to de­ agent, custodian or executor. No claim dividual deposit accounts of the princi­ posits held by depositors in the same or for insurance based on such a relation­ pal and insured up to $15,000 in the different rights and capacities. ship will be recognized in the absence aggregate. As to each right and capacity, the rules of such disclosure. (c) Accounts held "by guardians, cus­ and regulations state the various owner­ (2) If the deposit account records of todians, or conservators. Funds held by ship interests and the amount of insur­ an insured bank disclose the existence a guardian, custodian, or conservator ance applicable thereto. Single owner­ of a relationship which may provide a for the benefit of his ward or for the ship accounts, including those held by an basis for additional insurance, the de­ benefit of a minor under a Uniform Gifts individual or someone acting for him, tails of the relationship and the interests to Minors Act and deposited in one or testamentary accounts, accounts owned more deposit accounts in the name of the of other parties in the account must be guardian, custodian, or conservator shall and held by executors or administrators, ascertainable either from the records of corporations, partnerships and unincor­ be added to any individual deposit ac­ the bank or the records of the depositor counts of the ward or minor and insured porated associations, public unit ac­ maintained in good faith and in the counts, jointly owned accounts and trust regular course of business. up to $15,000 in the aggregate. accounts are defined and the amount of (3) The deposit account records of an >30.3 Testam entary accounts. insurance coverage available to each such insured bank in connection with a trust [a) Funds owned by an individual and category of ownership is specified. account shall disclose the name of both sosited in a revocable trust account, Effective September 1, 1967, Part 330 the settlor (grantor) and the trustee of itative or “Totten” trust account, of the rules and regulations of the Fed­ the trust and shall contain an account lyable-on-death” account or similar eral Deposit Insurance Corporation (12 signature card executed by the trustee. :ount evidencing an intention that on CFR Part 330) is revised to read as (4) The interests of the co-owners of death the funds shall belong to his follows: a joint deposit account shall be deemed >use, child or grandchild shall be m- Regulations equal, unless otherwise stated on the •ed up to $15,000 in the aggregate as Sec. insured bank’s records in the case of a each such named beneficiary, sepa" 330.1 General principles applicable in de­ ely from any other accounts of tne termining insurance of deposit tenancy in common. acco u n ts. (c) Valuation of trust interests. (1) ner. 330.2 Single ownership accounts. Trust interests in the same trust de­ b) If the named beneficiary of such 330.3 Testamentary accounts. posited in the same account will be account is other than the owner

FEDERAL REGISTER, VOL. 32, NO. 135— FRIDAY, JULY 14, 1967 FEDERAL REGISTER 10409

spouse, child or grandchild, the funds in (b) Public bond issues. Where an of­his name and interest were disclosed on such account shall be added to any in­ ficer, agent or employee of a public unit the records of the bank provided the in­ dividual accounts of such owner and in­ has custody of certain funds which by strument was in fact negotiated to such sured up to $15,000 in the aggregate. law or under the bond indenture are re­ owner prior to the date of the closing of § 330.4 Accounts held by executors or quired to be paid to the holders of bonds the bank. Affirmative proof of such ne­ administrators. issued by the public unit, any deposit of gotiation must be offered in all cases to such funds in an insured bank shall be substantiate the claim. Funds of a decedent held in the name deemed to be a deposit by a trustee of of the decedent or in the name of the trust funds of which the bondholders are § 330.12 Deposit obligations for pay­ executor or administrator of his estate ment of items forwarded for collec­ pro rata beneficiaries, and each such tion by bank acting as agent. and deposited in one or more deposit beneficial interest shall be separately in­ accounts shall be insured up to $15,000 sured up to $15,000. Where a closed bank has become obli­ in the aggregate, separately from the in­ gated for the payment of items for­ dividual deposit accounts of the bene­ § 330.9 Joint accounts. warded for collection by a bank acting ficiaries of the estate or of the executor (a) Separate insurance coverage. De­ solely as agent, the owner of such items or administrator. posits owned jointly, whether as joint will be recognized for all purposes of § 330.5 Accounts held by a corporation tenants with right of survivorship, as claim for insured deposits to the same or partnership. tenants by the entireties, as tenants in extent as if his name and interest were disclosed on the records of the bank Deposit accounts of a corporation or common, or by husband and wife as partnership engaged in any independent community property, shall be insured when such claim for insured deposits, if separately from deposit accounts indi­ otherwise payable, has been established activity shall be insured up to $15,000 by the execution and delivery of pre­ in the aggregate. A deposit account of a vidually owned by the co-owners. corporation or partnership not engaged (b) Qualifying joint accounts. A joint scribed forms. Such bank forwarding deposit account shall be deemed "to exist, such items for the owners thereof will in an independent activity shall be be recognized as agent for such owners deemed to be owned by the person or per­ for purposes of insurance of accounts, sons owning such corporation or com­ only if each co-owner has personally ex­ for the purpose of making an assign­ prising such partnership and, for de­ ecuted a deposit account signature card ment of the rights of such owners posit insurance purposes, the interest of and possesses withdrawal rights. The re­ against the closed insured bank to the each person in such a deposit account strictions of this subsection shall not ap­ Federal Deposit Insurance Corporation shall be added to any other deposit ac­ ply to holders in due course of a deposit and for the purpose of receiving pay­ counts individually owned by such per­ obligation of a bank evidenced by a ne­ ment on behalf of such owners. son and insured up to $15,000 in the ag­ gotiable instrument which had, in fact, § 330.13 Continuation of prior coverage. gregate. been negotiated prior to the closing of the bank. All deposit accounts insured under the § 330.6 Accounts held by an unincorpo­ (c) Failure to qualify. A deposit ac­ rules and interpretations heretofore in rated association. count owned jointly which does not effect shall continue to be insured, any­ Deposit accounts of an unincorporated qualify as a joint account for purposes thing in this part to the contrary not­ association engaged in any independent of insurance of accounts shall be treated withstanding, until April 15, 1968. activity shall be insured up to $15,000 as owned by the named persons as indi­ § 330.14 Notification of depositors. in the aggregate. A deposit account of viduals and the actual ownership inter­ est of each such person in such account Each insured bank is required to pro­ an unincorporated association not en­ vide notice of these revisions to the Rules gaged in an independent activity shall shall be added to any other accounts in­ be deemed to be owned by the persons dividually owned by such person and in­ and Regulations for Clarification and sured up to $15,000 in the aggregate. Definition of Insurance Coverage of De­ comprising such association and, for de­ posit Accounts, Part 330, prior to Feb­ posit insurance purposes, the interest of (d) Same combination of individuals. each owner in such a deposit account All joint deposit accounts owned by the ruary 1, 1968, to the depositors of each shall be added to any other deposit ac­ same combination of individuals shall deposit account which had a balance in counts individually owned by such per­ first be added together and insured up excess of $5,000 on any date selected by son and insured up to $15,000 in the to $15,000 in the aggregate. the bank between September 1,1967, and aggregate. (e) Interest of each co-owner. The February 1, 1968. Such notice shall con­ interests of each co-owner in all joint sist of mailing to such depositors at their § 330.7 Independent activity. deposit accounts owned by different last known address as shown on the The term “independent activity” combinations of individuals shall then records of the insured bank, a question means any activity other than one di­ be added together and insured up to and answer brochure on insurance of rected solely at increasing insurance $15,000-in the aggregate. deposit accounts prepared by the Federal coverage. Deposit Insurance Corporation. Such § 330.10 Trust accounts. brochure shall also be made available to § 330.8 Public unit accounts. All trust interests for the same bene­ the public at each teller’s station or (a) General. Where different officers,ficiary deposited in deposit accounts es­ window where deposits are normally re­ agents or employees of the same public tablished pursuant to valid trust agree­ ceived and at new account stations of an urut, having by law the official custody ments created by the same settlor insured bank. Additional explanatory or public funds of the unit, deposit the (grantor) shall be added together and materials may also be sent to depositors same in an insured bank, each such of- insured up to $15,000 in the aggregate, at the option of the insured bank. ucer agént or employee shall be sepa­ separately from other deposit accounts I nterpretations rately insured up to $15,000 in such cus- of the trustee of such trust funds or the oial capacity. An officer, employee, or settlor or beneficiary of such trust § 330.101 Recognition of deposit own­ agent of a public unit shall be deemed to arrangements. ership in custodial accounts. ~^1?lUre,d only up to $15,000 with re- (a) The opinion of the Board of Di­ spect to all public funds of the same unit § 330.11 Deposits evidenced by nego­ tiable instruments. rectors has been requested as to whether nfR k? Wm, regardless of how many a fractional or percentage computation 2 ^ eS*he holds in such unit or the pur- If any insured deposit obligation of of the interests of owners of commingled S ^ ™ r whfch such funds are held or a bank be evidenced by a negotiable cer­ funds on deposit in custodial accounts fi0^ ateá; If the same Person is an of- tificate of deposit, negotiable draft, ne­ in banks insured by the Federal Deposit , employee, or agent of more than gotiable cashier’s or officer’s check, ne­ Insurance Corporation meets the re­ one public unit, he shall be separately gotiable certified check, or negotiable quirements of § 330.1. nsured up to $15,000 with respect to the traveler’s check or letter of credit, the (b) Section 330.1 provides that if the owner of such deposit obligation will be name and interest of an owner of any unif 0 funds hy him of each such recognized for all purposes of claim for portion of a specifically designated cus­ insured deposits to the same extent as if todial deposit is disclosed on the records

FEDERAL REGISTER, V O L 32, NO. 135— FRIDAY, JULY 14, 1967 10410 FEDERAL REGISTER of the person in whose name the deposit purposes of computing his maximum B had deposited these funds as agent for A, insurance claim. his undisclosed principal. W hat is the insur­ is maintained and such records are main­ ance coverage? tained in good faith and in the regular The examples, as well as the rules Answei'f^Since the available evidence shows course of business, such owner will be which they interpret, are predicated that A is the actual owner of the funds in recognized for all purposes of claim for upon the assumption that deposited the $5,000 account, the Federal Deposit In­ insured deposits to the same extent as funds are actually owned in the man­ surance Corporation may, at its option, add if his name and interest were disclosed ner indicated on the bank’s records. If these funds to the $15,000 individual ac­ on the records of the bank. available evidence shows that ownership count held by A (rather than to B’s $12,000 (c) The Board of Directors has con­is different from that on the bank’s rec­ account) and insure the total of $20,000 to ords, the Federal Deposit Insurance the $15,000 maximum, leaving $5,000 unin­ cluded that, if the records of the deposi­ sured. In that event B’s $12,000 individual tor, maintained in good faith and in the Corporation may pay claims for insured account would be separately insured regular course of business, reflect, at all deposits on the Jaasis of actual rather (§ 330.2 (a) and (b)). than ostensible ownership. times, the name and ascertainable in­ Example 5 terest of each owner in a specifically des­ Single ownership accounts. All funds ignated custodial deposit, such interest owned by an individual (or the com­ Question: C, a minor, maintains an in­ may be determined on a fractional or munity between husband and wife of dividual account of $150 in connection with which the individual is a member) and a school savings program. C’s grandfather percentage basis. This may be accom­ makes a gift to him of $10,000 which is de­ plished in any manner which indicates deposited by him in one or more individ­ posited in another account by C’s father, des­ that where the funds of an owner are ual accounts are added together and in­ ignated on the bank’s records as custodian commingled with other funds held in sured up to the maximum of $15,000. under a Uniform Gifts to Minors Act. C’s custody and a portion thereof is placed This is true whether the accounts are father also maintains an individual account on deposit in one or more insured banks, maintained in the name of the individual of $10,000. W h a t is th e insu ran ce coverage? his interest in a custodial deposit in any owning the funds, in the name of his Answer: C’s individual account and the one insured bank would represent at any agent or nominee, or in the name of a custodianship account held for him by his guardian, conservator or custodian hold­ father are added together and insured to the given time the same fractional share as $15,000 maximum (§ 330.2(c)). The individ­ his share of the total commingled funds^ ing the funds for his benefit. ual account held by C’s father is separately insured (§ 330.2(a)). F ederal D e p o s it I n su r a n ce E xample 1 C o r po r a t io n , Question: A and B, husband and wife, each E xample 6 [ se a l] E . F . D o w n e y , * maintain an individual account containing Question: G, a court appointed guardian, Secretary. $15,000. In addition, they hold a joint ac­ deposits in a properly designated account count containing $15,000. W hat is the insur­ $15,000 of fu n d s in h is cu stody w hich belong [F.R. Doc. 67-8195; Piled, July 13, 1967; ance coverage? 8:50 a.m .] to W, his ward. W and G each maintain Answer: Each account is separately in­ $5,000 individual accounts. What is the in­ sured to $15,000, for a total coverage of surance coverage? $45,000. The coverage would be the same Answer: W’s individual account and the EXAMPLES OF INSURANCE COVER­ whether the individual accounts contain guardianship account in G’s name are added AGE AFFORDED DEPOSIT AC­ funds owned as community property or the together and insured in the aggregate to individual property of the spouses (§ 330.2(a) $15,000. The fact that a guardian has been COUNTS IN BANKS INSURED BY THE and § 330.9(a)). FEDERAL DEPOSIT INSURANCE judicially appointed does not alter the fact E xample 2 that the guardianship funds legally belong CORPORATION to W, the ward, and are insured as W’s in­ Question: H and W, husband and wife, dividually owned funds (§ 330.2(c)). G’s in­ The Board of Directors of the Federal reside in a community property state. H dividual account is separately insured Deposit Insurance Corporation h a s m aintains a $15,000 account consisting of his (§ 330.2(a)). adopted rules and regulations to clarify, separately owned funds and deposits $15,000 define and limit deposit insurance cov­ of community funds in another account. Testamentary accounts. The term erage in insured banks, which rules and Both of the accounts are in his name alone. “testamentary account” refers to a rev­ regulations, revised Part 330 (12 CFR What is the insurance coverage? ocable trust account, tentative or Answer: The two accounts are added to­ “Totten” trust account, “payable-on- Part 330), have been published in the gether and insured to a total of $15,000. F ederal R e g is t e r . death” account or any similar account $15,000 is uninsured (§ 330.2(a)). which evidences an intention that the The Board of Directors has further E xample 3 determined that it would be in the pub­ funds shall pass on the death of the lic interest to publish concurrently its Question: A has $12,000 deposited in an owner of the funds to a named benefici­ official interpretations of the aforesaid individual account, and his agent, B, de­ ary. If the beneficiary is a spouse, child, rules in the form of questions and an­ posits $5,000 of A’s funds in a properly des­ or grandchild of the owner, the funds in ignated agency account. B also holds a all such accounts are insured for the swers setting forth insurance coverage $15,000 individual account. What is the in­ afforded accounts in insured banks. Such owner up to $15,000 in the aggregate as surance coverage? from interpretations are hereby adopted as Answer: A’s individual account and the to each such beneficiary, separately set forth below. agency account are added together and in­ any other individual accounts of the sured to the $15,000 maximum, leaving $2,000 owner of the funds. If the beneficiary of E x a m p l e s - D emonstrating I n su r a n ce uninsured. The depositing of funds through such an account is other than a spouse, C overage o n D e p o s it A c c o u n t s i n t h e an agent does not result in additional insur­ child or grandchild of the owner, the S am e I n su r e d B a n k ance coverage for the principal (§ 330.2 (b)). funds in the account are, for insurance B’s individual account is insured separately The following examples illustrate in­ purposes, added to any other individual from the agency account. However, if the up surance coverage on deposit accounts records of the bank do not show the agency accounts of the owner and insured to maintained in the same insured bank. relationship under which the funds in the $15,000 in the aggregate. In the case of a They are intended to cover various types $5,000 account are held, the $5,000 in B’s revocable trust account, the person who of ownership interests and combinations name could, at the option of the Federal holds the power of revocation is deemed of accounts which may occur in con­ Deposit Insurance Corporation, be added to to be the owner of the funds in tne nection with deposited funds and which his individual account and insured to $15,000 account. If a revocable trust account is in the aggregate, leaving $5,000 uninsured held in the name of a fiduciary other are the subject matter of the insurance (§ 330.1(b)(1)). coverage rules in Part 330. than the owner of the funds, any otn Example 4 accounts held by the fiduciary are in­ The type of account (whether check­ Question: A holds a $15,000 individual sured separately from such revocao ing, savings, certificate of deposit or account. B holds two accounts in his own trust account. other form of deposit) has no bearing name, the first containing $5,000 and the Example 1 on the amount of insurance coverage. All second containing $12,000. In processing the Question: H deposits $25,000 in a revocable such forms of deposit accounts owned claims for payment of insurance on these accounts, the Federal Deposit Insurance trust account with his son, S, and by the same depositor in the same right Corporation discovers that the funds in the daughter, D, as named beneficiaries. Wn and capacity will be added together for $5,000 account actually belong to A and that the insurance coverage?

FEDERAL REGISTER, VOL. 32, NO. 135— FRIDAY, JULY 14, 1967 FEDERAL REGISTER 10411

Answer: Since S and D are children of H, estate and are not apportioned among the ent activity. If the club funds are, in fact, the owner of the account, the funds are in­ beneficiaries under the will. Since the title legally owned by the club itself and not the sured up to $15,000 as to each beneficiary of the estate account discloses its fiduciary church, each account is separately insured (5 330.3(a)). Assuming that S and D have nature, X’s individual account is insured sep­ to the $15,000 maximum (§ 330.6). arately. In addition, A’s individual account equal beneficial interests ($12,500 each), H Example 5 is fully insured for this account. is separately insured to the $15,000 maximum (§ 330.4). Question: The PQR Union has three lo­ E xample 2 cals in a certain city. Each of the locals Question: H, as settlor-trustee, creates a Accounts held by a corporation, part­ maintains a deposit account containing revocable trust for the benefit of his son, S. nership or unincorporated association. funds belonging to the parent organization. H creates a second revocable trust with T as All funds deposited in an account or ac­ All three accounts are in the same insured trustee, for the benefit of his nephew, N. H counts by a corporation, a partnership bank. What is the insurance coverage? deposits $15,000 of the funds of the first or an unincorporated association en­ Answer: The three accounts are added to­ trust in a revocable trust account. T deposits gaged in any independent activity are gether and insured up to the $15,000 maxi­ $10,000 of the funds of the second trust in added together and insured to the $15,000 mum (§330.6). another account. In addition, H, S, N and T maximum. The term “independent ac­ Public unit accounts. For insurance each maintain individual accounts contain­ tivity” means any activity other than purposes, the official custodian of funds ing $15,000. W h at is th e in su ran ce coverage? belonging to a public unit, rather than Answer: Since S is a child of H, the ac­ one directed solely at increasing insur­ count established under the first trust is in­ ance coverage. If the corporation, part­ the public unit itself, is insured as the sured up to $15,000 separately from any other nership or unincorporated association is depositor. All funds belonging to a public accounts held by H (§ 330.3(a)). Since N is not engaged in an independent activity, unit and deposited by the same custodian not a spouse, child or grandchild of H, the any account held by the entity is insured are added together and insured to the $10,000 in the account held by T under the as if owned by the persons owning or $15,000 maximum, regardless of the second trust is deemed to be owned by H and comprising the entity, and the imputed number of accounts involved. If there is is added to the $15,000 in H’s individual ac­ more than one official custodian for the count and insured up to $15,000 in the aggre­ interest of each such person is added for gate, leaving $10,000 uninsured (§ 330.3(b)). insurance purposes to any individual ac­ same public unit, the funds deposited by The individual accounts of S, N, and T are count which he maintains. each custodian are separately insured up separately insured to the $15,000 maximum to $15,000. If the same person is cus­ Example 1 (5 330.2(a)). todian of funds for more than one public E xample 3 Question: X Corporation maintains a unit, he is separately insured to $15,000 $15,000 account. The stock of the corporation Question: H deposits $15,000 in each of with respect to the funds of each such is owned by A, B, C and D in equal shares. four “payable-on-death” accounts. Under the unit deposited by him in properly desig­ Each of these stockholders also maintains terms of each account contract, H has the nated accounts. an individual account with the same bank. right to withdraw any or all of the funds in E xample 1 the account at any time. Any funds remain­ W hat is the insurance coverage? Answer^ Each of the accounts would be in­ ing in the account at the time of H’s death Question: S, as County Treasurer, deposits sured to $15,000 if the corporation is en­ are to be paid to a named beneficiary. The $5,000 In each of the following accounts: gaged in an independent activity and has “General Operating Account”, “Road and respective beneficiaries of the four accounts not been established merely for the purpose are H’s wife, his mother, his brother and his Bridge Fund”, “School Transportation of increasing insurance coverage. The same son. H also holds an individual account con­ Fund”, “Local Maintenance Fund”, and would be true if the business were operated taining $15,000. What is the insurance “Payroll Fund.” What is the insurance cov­ coverage? - as a bona fide partnership instead of a cor­ erage? p o ra tio n (§ 330.5). Answer: The accounts payable on death to Answer: Since all of these funds are owned H’s wife and son are each separately insured E xample 2 by the same public unit (i.e., the county) to the $15,000 maximum (§ 330.3(a)). The Question: A and B each has a $12,000 ac­ and are deposited by the same public offi­ accounts payable to H’s mother and brother cial, the five accounts are added together and are added to H’s individual account and in­ count in his own name and X Corporation has a $12,000 account. One third of the stock insured in the aggregate to the $15,000 sured to $15,000 in the aggregate, leaving maximum, leaving $10,000 uninsured $30,000 uninsured (§ 330.3 (b)). of X Corporation'is owned by A and two- thirds by B. X Corporation was set up solely (1330.8(a)). Accounts of executors or administra­ to obtain additional insurance. What is the Example 2 tors. All funds belonging to a decedent insurance coverage? Question: As Comptroller of Y Consoli­ and deposited in one or more accounts, Answer: Since X Corporation is not en­ dated School District, A maintains a $20,000 whether gaged in an independent activity, the funds account containing school district funds. He held in the name of the dece­ in its account are insured as if owned by also maintains his own $10,000 savings ac­ dent or in the name of his executor or A and B in proportion to their interest in count. What is the insurance coverage? administrator, are added together and the corporation. For insurance purposes, Answer: The two accounts will be sep­ insured to the $15,000 maximum. Such $4,000 of the corporate account is imputed arately Insured, assuming the bank’s records funds are insured separately from the to A and added to his individual account indicate that the account containing the individual accounts of any of the bene­ and $8,000 is added to B’s individual account. school district funds is held by A in a fidu­ ficiaries of the estate or of the executor A has an aggregate individual interest, of ciary capacity. Thus, $15,000 of the school’s or administrator. $16,000, of which $15,000 is insured, leaving funds and the entire $10,000 in A’s personal $1,000 uninsured. Of B’s total interest of account will be insured (§ 330.1(b)(1) and E xample 1 $20,000, $5,000 is uninsured (§ 330.5). § 330.8(a)). Question: A, administrator of D’s estate, E xample 3 Example 3 sells D’s automobile and deposits the pro­ ceeds of $2,500 in an account entitled: “A, Question: C College maintains three sep­ Question: A, as City Treasurer, and B, as chief of the city police department, each Administrator of the estate of D.” In the arate accounts with the same bank under 6ame bank there is an account containing the titles: “General Operating Fund”, have $15,000 in city funds deposited in cus­ todial accounts. W hat is the insurance cover­ $15,000 w hich D h a d opened ju s t p rio r to h is "Teachers Salaries”, and “Building Fund”. age? death. What is the insurance coverage? W hat is the insurance coverage? Answer: Since all of the funds are the Answer: The two accounts are added to­ Answer: Assuming that both A and B have property of the college, the three accounts official custody of the city funds, each ac­ gether and insured up to the $15,000 maxi­ are added together and insured only to the mum, leaving $2,500 uninsured (§ 330.4). count would be separately insured to the $15,000 maximum (§330.5 and § 330.6). $15,000 maximum (§ 330.8(a)). E xample 2 E xample 4 Example 4 Question: X is executor of the will of T, Question: The men’s club of X Church Question: A is Treasurer of X County and under which A, B and C are beneficiaries in carries on various social activities in addi­ collects certain tax assessments, a portion of equal shares. X deposits $40,000 of T’s estate tion to holding several fund raising cam­ which m ust be paid to the State under statu­ m an account entitled: "X, Executor of the paigns for tile church each year. The club is tory requirement. A maintains an account *i k on« T '', A anc* x m a in ta in acco u n ts of supported by membership dues. Both the for general funds of the county and estab­ £15,000 each in th e sam e b a n k . W h at is th e club and X Church maintain accounts in lishes a separate account for the funds which insurance coverage? the same bank. W hat is the insurance cover­ belong to the State Treasurer. The bank’s ^?swer: The account held by X as executor age? records indicate that the separate account rm!?!,Ured only to $15,000. Such funds are Answer: The men’s club is an unincor­ contains funds held for the State. What is idered the property of the decedent’s porated association engaged in an independ­ the insurance coverage?

FEDERAL REGISTER, VOL. 32, NO. 135— FRIDAY, JULY 14, 1967 10412 FEDERAL REGISTER

Answer: Since two public units own the the account on the same basis as other No. 6 B and C, as joint tenants with right funds held by A, the accounts would each be co-owners. of survivorship—$15,000. separately insured to the $15,000 maximum No. 7 A, B, and C, as joint tenants with (§ 330.8(a)). All funds deposited in joint accounts rig h t of survivorship—$15,000. E xample 5 owned by the same combination of in­ dividuals are first added together and W hat is the insurance coverage? Question: A City Treasurer deposits $15,000 insured to the $15,000 maximum. Where Answer: Accounts numbered 1, 2, and 3 of city funds in each of the following am­ are each se p ara te ly in su re d for $15,000 as ounts: “General Operating Account,” “School a depositor has an interest in more than individual accounts held by A, B, and C, re­ Transportation Fund,” “Local Maintenance one joint account and different joint spectively (5 330.2(a)). With regard to’ac­ Fund,” and “Payroll Fund.” All of the funds owners are involved, his interests in all counts numbered 4, 5, 6, and 7, the respective in the various accounts have been allocated of such joint accounts are then added to­ in te re sts of A, B, a n d C in su c h accounts are to the specific use indicated by city ordi­ gether and insured to $15,000 in the added together for Insurance purposes nance or by statute. What is the insurance aggregate. (5 330.9(e)). The interests of the co-owners coverage? of each joint account are deemed equal for Answer: All of the accounts would be added For insurance purposes, the co-owners insurance purposes (5 330.1(b) (4)). Thus, A together and insured in the aggregate to of any joint account are deemed to have has an interest of $7,500 in account No. 4, $15,000. The allocation of the city’s funds by equal interests in the account, except in $7,500 in account No. 5, and $5,000 in account ordinance or by statute for a specific purpose the case of a tenancy in common. With No. 7, for a total joint account interest of would not cause such funds to be maintained a tenancy in common, equal interests $20,000, of which $15,000 is insured. The in­ in separate rights and capacities. are presumed unless otherwise stated on terests of B and C are similarly insured. E xample 6 the records of the bank. E xample 5 Question: A City Treasurer deposits $15,- E xample 1 Question: A, B, and C hold accounts as 000 in a “General Fund” acount and $20,000 Question: A and B maintain an account as set forth in Example 4. A and B are husband in a “Meter Deposit” account. The funds in joint tenants with right of survivorship and, and wife. C, their minor child has failed to the Meter Deposit account belong to users in addition, each holds an Individual ac­ execute the signature card for account No. of gas and are held by the official custodian count. Is each account separately insured? 7. In account No. 5, C cannot make a with­ drawal without A’s written consent. In ac­ in a fiduciary capacity as security for damage Answer: If both A and B have executed the to gas meters. What is the insurance count No. 6, the signatures of both B and signature card and possess withdrawal rights C are required for withdrawal. A has provided coverage? with respect to the joint funds, each account Answer: Each account would be separately all of the funds for accounts numbered 5 is separately insured to the $15,000 maxi­ insured. However, if the City Treasurer held and 7. W hat is the insurance coverage? m u m (5 330.9 (a) a n d (b)). such funds as agent for the users of gas, Answer: If any of the co-owners of a joint account have failed to meet any of the joint their interest in the Meter Deposit account E xample 2 would be added to their individual accounts account requirements, the account is not in­ in computing insurance coverage. On the Question: H and W, husband and wife, re­ sured as a joint account. Instead, the ac­ other hand, if the meter deposits are actually side in a community property state. Each count is insured as if it consisted of com­ held in trust, pursuant to statute or con­ holds an individual account and, in addition, mingled individual accounts of each of the tract, such funds would be separately insured they hold a qualifying joint account. The co-owners in accordance with his actual from any individually owned funds of the funds in all three accounts consist of com­ ownership of the funds, as determined under gas users. m unity property. Is each account separately applicable State law (5 330.9(c)). Account Example 7 in su red ? No. 5 is not insured as a joint account be­ Answer: Yes. An account in the individual cause C does not possess the right to with­ Question: In addition to the public fund name of a spouse will be insured up to draw the funds in accordance with his pur­ accounts listed in Example 1, the County $15,000, whether the funds consist of com­ ported interest in the account. Account No. Treasurer also maintains a “Bond Payment munity property or separate property of the 6 does qualify as a joint account for insur­ A cco u n t” co n ta in in g fu n d s req u ired by law to spouse. A joint account containing com­ an ce purposes, since each co-ow ner possesses be paid to 2,000 holders of bonds issued by munity property is also insured up to the right to withdraw funds on the same the county. The account contains $200,000. $15,000. Thus, community property can be basis (5 330.9(b)). Account No. 7 is not in­ W hat is the insurance coverage? used for individual accounts in the name of sured as a joint account since C did not per­ Answer: The interest of each bondholder each spouse and for a joint account in the sonally execute the signature card. Assuming is separately insured to the $15,000 maxi­ name of both spouses, each of which ac­ that, under applicable State law, A has the mum. Where a public official deposits funds counts is separately insured up to $15,000 entire actual ownership interest in accounts in an account which are required by law to (5 330.2(a) and 5 330.9(a)). 5 and 7, all of the fluids in these accounts be held for the payment of a particular bond are treated for insurance purposes as indi­ issue, the account is deemed to be held in E xample 3 vidually owned by A (5 330.9(c)). Thus, the trust for the individual bondholders. The $30,000 in these accounts is added to the title of such an account, however, m ust indi­ Question: Two accounts of $15,000 each are $15,000 in account No. 1, A’s individual ac­ cate its fiduciary nature (§ 330.8(b)). held by a husband and his wife under the count, and insured up to $15,000 in the ag­ following names: John Doe and Mary Doe, gregate, leaving $30,000 uninsured. Accounts. Joint accounts. Accounts held under husband and wife, joint tenants, with right 4 and 6, the remaining joint accounts, are any form of joint ownership valid under of survivorship. Mrs. John Doe and John Q. each insured to the $15,000 limit, since they State law (whether as joint tenants with Doe (community property). Are the accounts are owned by different combinations of indi­ right of survivorship, tenants by the en­ separately insured? viduals and no co-owner has an aggregate tireties, tenants in common or by hus­ Answer: No. Both accounts are considered in te re s t in th e tw o acco u n ts in excess of band and wife as community property) Joint accounts owned by the same combina­ $15,000 (5 330.9 (d) and (e)). tion of individuals, regardless of the form of are insured up to $15,000. This insurance joint ownership. Reversal of names or use of E xample 6 is separate from that afforded individual different styles does not change the result, as Question: Three qualifying joint accounts accounts held by any of the co-owners. long as the account owners are, in fact, the are owned by A, B and C, as joint tenants An account is insured as a joint ac­ same in both cases. For insurance purposes, with right of survivorship, as follows: count only if each of the co-owners has the accounts are added together for a total 3. 1 A and B—$15,000. personally executed an account signa­ of $30,000, of which $15,000 is insured a. 2 A and B—$5,000. ture card and possesses withdrawal (5 330.9(d)). 3. 3 A and C—$10,000. E xample 4 What is the insurance coverage? rights. An account owned jointly which Answer: Since accounts numbered 1 and does not qualify as a joint account for Question: The following accounts are held are owned by the same combination oi insurance purposes is insured as if owned by A, B, and C, each of whom has personally dividuals, they are first added together by the named persons as individuals. In executed signature cards for the accounts in id insured to $15,000 in the aggrega , that case, the actual ownership interest which he has an interest. Each co-owner of aving $5,000 uninsured (5 330.9(d)). Since in the account of each person is added a joint account possesses the necessary with­ te respective interests of the co-owners to any other accounts individually owned drawal rights. ,ch joint account are deemed equal by such person and insured up to $15,000 No. 1 A, as an individual—$15,000. surance purposes, A has an interes in the aggregate. No. 2 B, as an individual—$15,000. ',500 in account No. 1, $2,500 in accoun • No. 3 C, as an individual—$15,000. and $5,000 in account No. 3, t Any individual, including a minor, may No. 4 A and B, as joint tenants with light int account interest of $15,000. A s in be a co-owner of a joint account pro­ of survivorship—$15,000. $10,000 in accounts numbered 1 vided, under State law, he may execute a No. 5 A and C, as joint tenants with right ceives a $7,500 proportionate share o signature card and withdraw funds from of survivorship—$15,000. .5,000 insurance coverage on the two

FEDERAL REGISTER, VOL. 32, NO. 135— FRIDAY, JULY 14, 1967 FEDERAL REGISTER 10413 counts, as does B’s interest, leaving $2,500 trustee of the trust and must contain an from the accounts owned by S (§ 330.10). uninsured in each case. A is entitled to account signature card indicating the The revocable trust account is insured to $15,000 of insurance on the total of his fiduciary capacity of the trustee and exe­ $15,000 as a testamentary account owned by interests in joint accounts . owned by S with his child as beneficiary, separately different combinations of individuals cuted by him. In addition, the interests from S’s individual account (§ 330.3(a)). (§ 330.9(e)). $7,500 of this $15,000 is allocated of the beneficiaries under the trust must The three accounts are fully insured. be ascertainable from the records of to A’s interest in accounts numbered 1 and Example 4 2, leaving $7,500 of insurance available for either the bank or the trustee. his $5,000 in te re st in ac c o u n t No. 3, w h ich Although each ascertainable trust in­ Question: An account in the amount of is fully insured. C’s $5,000 interest in account terest in an irrevocable trust is separately $25,000 is held pursuant to an irrevocable No. 3 is also fully insured. Thus, $12,500 of insured, it should be noted that in short­ trust for the benefit of A and B. Under the A’s total interest of $15,000 is insured; $7,500 term trusts the insurable interest or in­ terms of the trust instrument, A is to re­ of B’s $10,000 interest is insured; and all of ceive the income for life and B is to receive C’s $5,000 in te re st is in su red . O f th e $30,000 terests may be very small, since the in­ the remainder at A’s death. At the time of invested in the three joint accounts, a total terests are computed only for the dura­ insolvency, A is 70 years of age. W hat is the of $25,000 is in su red . tion of the trust. Thus, if a trust is made insurance coverage? irrevocable for a specified period of time, Answer: The proportionate value of A’s life E xample 7 the beneficial interests will be calculated estate can be determined by the use of the Question: A and B own a $15,000 joint ac­ in terms of the length of time stated. A present worth tables found at 26 CFR § 20.- count evidenced by a negotiable certificate reversionary interest retained by the 2031-7. To ascertain A’s beneficial interest of deposit. Subsequent to purchase and in the account, the appropriate multiplier prior to the closing of the bank, the certifi­ settlor is treated in the same manner as (0.27370) indicated by Table I is multiplied cate is negotiated to C and D. O also main­ an individual account of the settlor. by the amount in the account. A’s interest tains a $15,000 individual account in the As stated, the trust must be valid under is found to be $6,842.50. The difference of issuing bank. What is the insurance local law. A trust which does not meet $18,157.50 represents B’s beneficial interest coverage? local requirements, such as one impos­ in the account. The trustee is entitled to an Answer: The joint account owned by C ing no duties on the trustee or conveying insurance payment of $21 ¡842.50, representing and D and C’s individual account are no interests to the beneficiary, is of no A’s complete interest ($6,842.50) and $15,000 separately insured. Since the certificate of B’s interest (§ 330.10 and § 330.1(c) (1)). evidencing the joint account was negotiated effect for insurance purposes. An account prior to the closing of the bank, signature in which such funds are deposited is E xample 5 cards as to each subsequent joint owner considered to be an individual account. Question: The situation is the same as in are not required (§ 330.9(b)). An account established pursuant to a Example 4, except that A is to receive the revocable trust arrangement is insured income for life or until she marries, with Trust accounts. A trust interest is the as a form of individual accouiit and is remainder over to B. What is the insurance interest of a beneficiary in an irrevo­ treated under § 330.3, dealing with Testa­ coverage? cable express trust, whether created by mentary Accounts. Answer: Both interests in the trust are trust instrument or statute, that is valid subject to a contingency (A’s marriage) E xample 1 under State law. Thus, funds deposited which precludes their evaluation by the use in an account by a trustee under an ir­ Question: T is a trustee of an irrevocable of the present worth tables. The insurance revocable express trust are insured on trust created by S, settlor, for the benefit of coverage with respect to all trust interests the basis of the beneficial interests under A and B in equal shares. T holds an account in the account is limited to the $15,000 maxi­ such trust. The interest of each bene­ containing $30,000 in trusit funds. A and B, mum (§ 330.1(c) (2)). The trustee is entitled ficiary in an account (or accounts) as well as T and S, each m aintain individual to an insurance payment of $15,000. accounts in the am ount of $15,000 each. W hat established under such a trust arrange­ is the insurance coverage? Example 6 ment is insured up to $15,000, separately Answer: The trust interests of A and B Question: S establishes an irrevocable trust from other accounts held by the trustee, deposited in the account are each insured to fund of $75,000 for the equal benefit of A, B, the settlor (grantor) or the beneficiary. the $15,000 maximum, assuming that neither C, D, and E. The trustee deposits the entire However, in cases where a beneficiary has A nor B have beneficial interests in any other amount in a properly designated trust ac­ an interest in more than one trust ar­ accounts established pursuant to an irrev­ count. The trust provides that each bene­ rangement created by the same settlor, ocable trust created by the same settlor. ficiary is to receive Income in equal shares the interests of the beneficiary in all Since A and B have equal beneficial interests until the age of 35, at which time the prin­ under the trust, each has a proportionate in­ cipal is to vest in equal shares, except that accounts established under such trusts terest in the trust account of $15,000, and are added together for insurance pur­ if either D or E does not complete college the account is fully insured. The individual by age 35, his share of the principal is to go poses, and the beneficiary’s aggregate accounts of A, B, T, and S are each separate­ to X Church. W hat is the insurance coverage? ly insured to $15,000 (§330.10). interest derived from the same settlor Answer: The proportionate (one-fifth) in­ is separately insured to the $15,000 Example 2 terests in the account of A, B, and C are each maximum. insured up to $15,000 as separate trust estates. A beneficiary’s interest in an account Question: S is the settlor of an irrevo­ The interests of D, E, and X Church are sub­ cable trust for the sole benefit of his son, ject to contingencies (completion of college) established pursuant to an irrevocable B. T, the trustee, maintains an account in which cannot be evaluated by use of the express trust arrangement is insured Y Bank containing $15,000 in trust funds. S separately from other beneficial interests subsequently creates a separate irrevocable present worth tables. Therefore, the insur­ (trust interests) deposited in the same trust, also for B’s sole benefit, with X Bank ance coverage on their interests is limited to account if the value of the beneficiary’s as trustee. X Bank deposits $5,000 of the $15,000 in the aggregate, resulting in a total trust funds in another account in Y Bank. insurance coverage of $60,000 for the trust interest (trust interest) can be deter­ account (§ 330.1(c) (1) and (2)). mined without evaluation of contingen­ W hat is the insurance coverage? cies except for those covered by the Answer: B has the sole beneficial interest Example 7 in two accounts established under trusts present worth tables and rules of calcu- created by the same settlor. Both accounts Question: G is settlor of a short-term ir­ on ono, f2r their use set f°rth in Sec. are added together and insured up to $15,000 revocable trust for the benefit of H Univer­ ^u.2031-7 of the Federal Estate Tax in the aggregate, leaving $5,000 uninsured. sity. Under the terms of the trust instrument, Regulations (26 CFR 20.2031-7). If any The fact that two different trustees are in­ the university is to receive all of the income rust interests in such an account cannot volved is immaterial (§ 330.10). . (payable annually) for 2 years. At the end of the 2-year period, the trust is to terminate, determined, the insurance with re- E xample 3 and the corpus is to revert to G. The trustee r? ; to a11 such trust interests together Question: S is the settlor of an irrevo­ deposits $20,000 in a trust account. At the Q u exceed the basic insured cable trust fund for the sole benefit of his date of insolvency 1 year of the 2-year amount of $15,000. son B. T, trustee, deposits $15,000 of the term of the trust has expired. What is the t to order for insurance coverage of trust funds in a trust account. S establishes insurance coverage? ac.??unts to be effective in accord- a revocable trust account in the amount of Answer: Although this arrangement con­ $15,000 for the sole benefit of B. S also has toe f°regoing rules, certain an individual account of $15,000. What is stitutes an express irrevocable trust, G’s ecord-keepmg requirements must be the insurance coverage? reversionary interest is treated, for insurance cntmwif0^1160*1011 with each trust ac- Answer: B’s trust estate in the account purposes,* as an individual account owned by thp toe bank’s records must indicate established pursuant to the irrevocable trust him (§ 330.1(a)). To ascertain the value of be name of both the settlor and the arrangement is insured to $15,000 separately H University’s remaining 1-year income in-

FEDERAL REGISTER, VOL. 32, NO. 135— FRIDAY, JULY 14, 1967 10414 FEDERAL REGISTER terest in the trust account, the appropriate mortgagors and commingles these funds in insured as trust funds. If held on an agent- multiplier (0.03382) indicated by Table II of a single account. The account contains principal basis, they are insured as the indi­ the present worth tables is multiplied by the $200,000. W hat is the insurance coverage? vidually owned property of the various prin­ account balance. H University’s trust estate Answer: The amount of insurance cover­ cipals (§ 330.2(b) and §330.10). age depends upon the terms of the contract in the account is $676.40. G’s reversionary Example 11 interest is worth $19,323.60. Assuming that or instrument under which X Corporation G has no individual interest in any other collects the funds. If it acts in the capacity Question: C, a cemetery, maintains an ac­ account, the trustee is entitled to an in­ of a trustee for the benefit of the mortgagors, count consisting of its general funds in the surance payment of $15,676.40, representing the interest of each mortgagor is separately am ount of $15,000. It also maintains a prop­ H University’s entire trust estate in the insured to the $15,000 maximum. If it acts in erly designated trust account containing per­ account ($676.40) and $15,000 of G’s rever­ the capacity of a trustee for the lenders, the petual care funds held in trust pursuant to sionary interest (§ 330.1(c) (1) and §330.10). interest of each lender is separately insured s ta tu te or tr u s t in s tru m e n t for th e benefit to the $15,000 maximum. In either case, this of the various cemetery lots in the amount Example 8 insurance is separate from that afforded the of $50,000. No single perpetual care fund in Question: H and W create an irrevocable individually owned funds of X Corporation the trust account exceeds $15,000. What is trust for the benefit of their children, S and invested in the institution or the individual the insurance coverage? D, in equal shares. The trust contains accounts of any of the mortgagors or lenders Answer: The general funds account is in­ $100,000, of which $20,000 was contributed by (§ 330.10). If X Corporation is found to act sured up to $15,000 (§330.5 and 6). Since W. As joint trustees, H and W deposit $40,- in the capacity of an agent for either the each separate trust interest in the trust ac­ 000 of these funds in a trust account. What mortgagors or the lenders, the interest of count is separately insured, the trust account is the insurance coverage? each such principal is separately insured as is fully insured to $50,000 (§ 330.1(c)(4) and his individual account (but - added to any §330.10). Answer: The trust interests of S and D other individual accounts which the prin­ E xample 12 are deemed to be derived from H and W in cipal holds in the same institution) (§ 330.2 proportion to the contribution of each to the (b)). If X Corporation is found to hold the Question: G creates a charitable trust trust. W has contributed 20 percent of the funds as owner, or principal, with only a under which the principal and income are to funds and H has contributed 80 percent. S contractual obligation to pay to its creditors, be used for the furtherance of legal educa­ and D have equal beneficial interests in the and not as trustee or agent, the account trust account. Of S’s beneficial interest of tion, in the discretion of the trustee. The would be insured only to the $15,000 limit trustee deposits $25,000 of the trust funds in $20,000, $4,000 (20 percent) is deemed to be (§ 330.5). a properly designated account. What is the derived from W and $16,000 (80 percent) is E xample 10 deemed to be derived from H. D’s beneficial insurance coverage? interest is similarly derived. The trust inter­ Question: What is the insurance coverage Answer: Since the beneficiaries under the est of each beneficiary derived from each set­ on other fiduciary accounts, such as clients’ tlor is separately insured to the $15,000 maxi­ funds invested in the name of a lawyer, rent trust are indefinite and cannot be ascer­ mum. The $4,000 interest derived from W is security funds invested in the name of the tained, there can be insurance only to the fully insured, and $15,000 of the interest landlord, escrow funds invested in the name basic insured amount (§ 330.1(c) (2)). Thus, derived from H is insured, leaving $1,000 un­ of a real estate broker, litigants’ funds in­ th e ac c o u n t is in su re d only to $15,000, leaving insured in the case of each beneficiary. The vested in the name of a representative of a $10,000 uninsured (§330.10). account is insured to a total of $38,000 court, consignors’ funds invested in the name (§ 330.1(c) (3)). of a market servicing agent, and similar F ederal D e p o s it I nsurance o r po r a t io n E xample 9 funds invested in other custodial accounts? C , Answer: Such funds are insured in the [ se a l ] E. F. D o w n e y , Question: X Corporation acts as servicing same maner as Indicated in Example 9. If Secretary. agent for FHA, VA and conventional mort­ gage loans. Each month X Corporation col­ the funds are held in irrevocable trust pur­ [F.R. Doc. 67-8176; Filed, July 13, 1967; lects payments from approximately 2,000 suant to statute or trust instrument, they are 8:50 a.m .]

FEDERAL REGISTER, V O L 32, NO. 135— FRIDAY, JULY 14, 1967 FEDERAL REGISTER 10415

§ 561.4 'Trust estate. 1. Section 564.1 of the Rules and Reg­ FEDERAL HOME LOAN BANK BOARD The term “trust estate” means the in­ ulations for Insurance of Accounts is terest of a beneficiary in an irrevocable hereby revised to read as follows: Title 12— BANKS AND BANKING express trust, whether created by trust § 564.1 Settlement of insurance upon instrument or statute, but does not in­ default. C h a p te r V— Federal Home Loan Bank clude any interest retained by the (a) General. In the event of a default Board settlor. by an insured institution, the Corpora­ SUBCHAPTER D— FEDERAL SAVINGS AND LOAN 6. Section 561.5 of the Rules and Reg­ tion will promptly determine the insured INSURANCE CORPORATION ulations for Insurance of Accounts is members thereof and the amount of hereby revoked. [No. 20,723] their insured accounts. The Corporation 7. Three new sections, §§ 561.5, 561.5a, will give to each insured member of an PART 561— DEFINITIONS and 561.5b to read as follows, are hereby insured institution in default written added immediately following § 561.4 of notice of the time and place of payment Amendments Relating to Insurance of the Rules and Regulations for Insurance of insurance by mail at the last known Accounts of Accounts. address as shown by the books of the J u l y 7, 1967. § 5 61.5 Public unit. insured institution. (b) Determination of amount of in­ Resolved that, notice and public pro­ The term “public unit” means the sured account. The amount of each in­ cedure having been duly afforded (32 United States, any state of the United sured account will be determined from P.R. 998) and all relevant material pre­ States, the District of Columbia, any ter­ the savings account contract and from sented or available having been con­ ritory of the United States, Puerto Rico, the books and records of the insured in­ sidered by it, the Federal Home Loan the Virgin Islands, any county, any stitution as of the date of default. The Bank Board, upon the basis of such con­ municipality or any political subdivision insured amount is the amount which the sideration and of determination by it of thereof. insured member would have been en­ the advisability of amendment of Part § 561.5a Political subdivision. titled to withdrawal as of the date of the 561 of the Rules and Regulations for In­ last dividend paid prior to default, plus surance of Accounts (12 CFR Part 561) The term “political subdivision” payments on, and less repurchases and as hereinafter set forth, and for the pur­ means any subdivision of a public unit, withdrawals from, such account subse­ pose of effecting such amendment, here­ as defined in § 561.5, to which some quent to such date and without regard by amends said Part 561, as follows, ef­ functions of local government have been to (1) any earnings attributable to the fective September 1, 1967: delegated and, in addition, includes account since such date and (2) whether 1. Section 561.2 of the Rules and Reg­drainage, irrigation, navigation, improve­ the account is subject to any pledge. The ulations for Insurance of Accounts is ment, levee, sanitary, school or power insured amount does not include the hereby revised to read as follows: districts and bridge or port authorities amount of the dividend preceeding de­ created by state statute or compacts § 561.2 Insured member. fault if unlawfully declared or credited, between the states. contrary to instructions from a super­ The term “insured member” means § 561.5b Independent activity. visory authority. the holder of an account or accounts in (c) Multiple accounts. In the event an an institution insured by the Corpora­ The term “independent activity” means any activity other than one di­ insured member holds more than one tion. Such holder is a separate insured insured account in the same capacity, member in each of the capacities and to rected solely at increasing insurance coverage. and the aggregate amount of such ac­ the extent provided in Part 564 of this counts exceeds the amount of insurance chapter. (Secs. 402, 403, 405, 48 Stat. 1256, 1257, 1259, afforded thereon, the insurance cover­ 2. Section 561.3 of the Rules and Reg­ as amended; 12 U.S.C. 1725, 1726, 1728. Reorg. age will be prorated among the member’s P la n No. 3 of 1947, 12 P.R. 4981, 3 CFR, ulations for Insurance of Accounts is 1947 Supp.) interests in all accounts held in the same hereby revoked. capacity on the basis of their withdraw­ 3. A new section, § 561.3, to read as By the Federal Home Loan Bank able value as of the date of default. In follows, is hereby added immediately fol­ Board. ' the case of individual accounts the in­ lowing § 561.2 of the Rules and Regula­ [ s e a l ] H arry W. C a u l s e n , surance proceeds shall be paid to the tions for Insurance of Accounts. Secretary. holder of the account, whether or not the beneficial” owner. In the case of ac­ § 561.3 Insured account. [F.R. Doc. 67-8197; Filed, July 13, 1967; counts which are owned jointly the in­ An “insured account” is a withdraw­ 8:50 a.m .] surance proceeds shall be paid to the able or repurchasable share, investment owners jointly. In the case of trust certificate, deposit, or savings account [No. 20,724] estates the insurance proceeds shall be held by an insured member in an insti­ paid to the indicated trustee unless tution insured by the Corporation. Ac­ PART 564— SETTLEMENT OF otherwise provided for in the trust in­ counts which by the terms of the con­ INSURANCE strument or under State law. In the case tract of the holder with the institution of corporations, partnerships and un­ orby provisions of state law cannot be Amendments Relating to Settlement of incorporated associations, whether or withdrawn or the value thereof paid to Insurance not engaged in an independent activity, the holder until all of the liabilities, in- J u l y 7, 1967. the insurance proceeds shall be paid to ciuding other classes of share liabilities, Resolved that, notice and public pro­ the indicated holder of the account. J ,“le “ stitution have been fully liqui- cedure having been duly afforded (32 Where insurance payment is in the form Jf1 paid upon the winding up of F.R. 999) and all relevant material pre­ of a transferred account, the same rules me institution are not insurable, and are sented or available having been consid­ shall be applied. hereinafter referred to as “nonwith- ered by it, the Federal Home Loan Bank 2. Part 564 of the Rules and Regula­ arawable accounts” Board, upon the basis of such considera­ tions for Insurance of Accounts is hereby 4. Section 561.4 of the Rules and Reg­ tion and of determination by it of the amended by adding, immediately after ulations for Insurance of Accounts is advisability of amendment of Part 564 § 564.1, as revised, the following new sec­ hereby revoked. of the Rules and Regulations for Insur­ tions: 5. A new section, § 561.4, to read as ance of Accounts (12 CFR, Part 564) as § 564.2 General principles applicable in o ows, is hereby added immediately hereinafter set forth, and for the pur­ determining insurance of accounts. pose of effecting such amendment, here­ (a) General. Section 564.1 of this part ° owing § 561.3 of the Rules and Regu- by amends said Part 564 as follows, ef­ provides for determination by the Cor­ ations for Insurance of Accounts. fective September 1,1967: poration of the insured members of an

No. 135—P t. II-----2 FEDERAL REGISTER, VOL. 32, NO. 135— FRIDAY, JULY 14, 1967 10416 FEDERAL REGISTER insured institution and the amount of nees. Funds owned by a principal and and insured up to $15,000 in the aggre­ their insured accounts. The rules for invested in one or more accounts in the gate. determining the insurance coverage of name or names of agents or nominees accounts in the same insured institution shall be added to any individual accounts § 564.8 Public unit accounts. are set forth in the following provisions of the principal and insured up to $15,000 (a) General. Where different officers, of this part. Insofar as rules of local in the aggregate. agents or employees of the same public law enter into such determinations, the (c) Accounts held by guardians, cus­unit, having by law the official custody law of the jurisdiction in which the in­ todians or conservators. Funds held by of public funds of the unit, invest the sured institution’s principal office is lo­ a guardian, custodian or conservator for same in an insured institution, each such cated shall govern. the benefit of his ward or for the benefit officer, agent, or employee shall be sep­ (b) Records. (1) The account records of a minor under a Uniform Gifts to arately insured up to $15,000 in such of the insured institution shall be con­ Minors Act and invested in one or more custodial capacity. An officer, employee, clusive as to the existence of any rela­ accounts in the name of the guardian, or agent of a public unit shall be deemed tionship pursuant to which the funds in custodian or conservator shall be added to be insured only up to $15,000 with the account are invested and on which to any individual accounts of the ward respect to all public funds of the same a claim for insurance coverage is found­ or minor and insured up to $15,000 in unit held by him regardless of how ed. Examples would be trustee, agent, the aggregate. many offices he holds in such unit or the custodian or executor. No claim for in­ purposes for which such funds are held surance based on such a relationship § 564.4 Testamentary accounts. or designated. If the same person is an will be recognized in the absence of its (a) Funds owned by an individual and officer, employee or agent of more than disclosure on such records. invested in a revocable trust account, one public unit, he shall be separately (2) If the account records of an in­ tentative or "Totten” trust account, pay­ insured up to $15,000 with respect to the sured institution disclose the existence able-on-death account or similar account public funds held by him of each such of a relationship which may provide a evidencing an intention that on his unit. basis for additional insurance, the de­ death the funds shall belong to his (b) Public bond issues. Where an of­ tails of the relationship and the interests spouse, child or grandchild, shall be in­ ficer, agent or employee of a public unit of other parties in the account must be sured up to $15,000 in the aggregate as has custody of certain funds which by ascertainable either from the records of to each such named beneficiary, sepa­ law or under the bond indenture are re­ the association or the records of the ac­ rately from any other accounts of the quired to be paid to the holders of bonds count holder maintained in good faith owner. issued by the public unit, any invest­ and in the regular course of business. (b) If the named beneficiary of such ment of such funds in jm insured in­ (3) The account records of an insured an account is other than the owner’s stitution shall be deemed to be an in­ institution in connection with a trust spouse, child or grandchild, the funds in vestment by a trustee of trust funds of account shall disclose the name of both such account shall be added to any indi­ which the bondholders are pro rata bene­ the settlor (grantor) and the trustee of vidual accounts of such owner and in­ ficiaries, and each such beneficial inter­ the trust and shall contain an account sured up to $15,000 in the aggregate. est shall be separately insured up to signature card executed by the trustee. § 564.5 Accounts held by executors or $15,000. (4) The interests of the co-owners of administrators. § 564.9 Joint accounts. a joint account shall be deemed equal, Funds of a decedent held in the name unless otherwise stated on the insured (a) Separate insurance coverage. Ac­ of the decedent or in the name of the counts owned jointly, whether as joint institution’s records in the case of a executor or administrator of his estate tenancy in common. tenants with right of survivorship, as and invested in one or more accounts tenants by the entireties, as tenants in (c) Valuation of trust interests. (1) shall be insured up to $15,000 in the common, or by husband and wife as Trust estates in the same trust invested aggregate, separately from the individ­ community property, shall be insured in the same account will be separately ual accounts of the beneficiaries of the separately from accounts individually insured if the value of the trust estate estate or of the executor or administra­ owned by the co-owners. is capable of determination, as of the tor. (b) Qualifying joint accounts. A joint date of default, without evaluation of account shall be deemed to exist, for contingencies except for those covered § 564.6 Accounts held by a corporation or partnership. purposes of insurance of accounts, only by the present worth tables and rules if each co-owner has personally executed of calculation for their use set forth in Accounts of a corporation or partner­ an account signature card and possesses ship engaged in any independent activity section 20.2031-7 of the Federal Estate withdrawal rights. Tax Regulations (26 CFR 20.20,31-7). shall be insured up to $15,000 in the (c) Failure to qualify. An account (2) In connection with any trust in aggregate. An account of a corporation owned jointly which does not qualify as which certain trust estates are not capa­ or partnership not engaged in an inde­ a joint account for purposes of insurance ble of evaluation in accordance with the pendent activity shall be deemed to be of accounts shall be treated as owned foregoing rule, payment by the Corpora­ owned by the person or persons owning by the named persons as individuals ana tion to the trustee with respect to all such corporation or comprising such the actual ownership interest of eacn such estates shall not exceed the basic partnership and, for insurance purposes, such person in such account shall d insured amount of $15,000. the interest of each person in such ac­ added to any other accounts individually (3) Each trust estate in any trust es­ count shall be added to any other ac­ owned by such person and insured up ^ tablished by two or more settlors shall counts individually owned by such per­ $15,000 in the aggregate. be deemed to be derived from each set­ son and insured up to $15,000 in the (d) Same combination of individual*. tlor pro rata to his contribution to the aggregate. All joint accounts owned by the same trust. . § 564.7 Accounts held by an unincorpo­ combination of individuals shall firs rated association. added together and insured up to $w>ww § 564.3 Single ownership accounts. Accounts of an unincorporated asso­ in the aggregate. _ Funds owned by an individual and ciation engaged in any independent ac­ (e) Interest of each co-owner, in invested in the manner set forth below tivity shall be insured up to $15,000 in interests of each co-owner in all A shall be added together and insured up the aggregate. An account of an unin­ accounts owned by different comb to $15,000 in the aggregate. corporated association not engaged in an tions of individuals shall then be ad (a) Individual accounts. Funds owned independent activity shall be deemed to together and insured up to $15,000 by an individual (or by the husband- be owned by the persons comprising such the asrerreeate. wife community of which the individual 5 564.10 Trust accounts. is a member) and invested in one or association and, for insurance purposes, more accounts in his own name shall be the interest of each owner in such ac­ All trust estates for the> same insured up to $15,000 in the aggregate. count shall be added to any other ac­ jiary invested in accounts nts (b) Accounts held by agents or nomi­ counts individually owned by such person pursuant to valid trust arra g

FEDERAL REGISTER, VOL. 32, NO. 135— FRIDAY, JULY 14, 1967 FEDERAL REGISTER 10417

created by the same settlor (grantor) pretations of the regulations of the uninsured. The investment of funds through shall be added together and insured up Board; an agent does not result in additional in­ to $15,000 in the aggregate, separately Be it further resolved, That the Secre­ surance coverage for the principal (§ 564.3 (b)). B’s individual account is insured sep­ from other accounts of the trustee of tary to the Board is directed to submit arately from the agency account (§ 546.3(a)). such trust funds or the settlor or bene­ copies of this resolution and these ap­ However, if the account records of the in­ ficiary of such trust arrangements. proved examples to the Office of the Fed­ stitution do not show the agency relation­ § 564.11 Continuation of prior coverage. eral Register for publication. ship under which the funds in the $5,000 account are held, the $5,000 in B’s name All accounts insured under the rules By the Federal Home Loan Bank could, at the option of the Insurance Cor­ and interpretations heretofore in effect Board. poration, be added to his individual account shall continue to be insured, anything [s e a l ] H arry W . C a u l s e n , and insured to $15,000 in the aggregate, leav­ in this part to the contrary notwith­ Secretary. ing $5,000 uninsured (§ 564.2(b) (1)). standing, until April 15, 1968. The following examples illustrate in­ Example 4 § 564.12 Notification of account holders. surance coverage on accounts maintamed Question: A holds a $15,000 individual ac­ in the same insured institution. They are count. B holds two accounts in his own Each insured institution is required name, the first containing $5,000 and the to provide notice of these amendments intended to cover various types of own­ second containing $12,000. In processing the to the Rules and Regulations for Insur­ ership interests and combinations of ac­ claims for payment of insurance on these ance of Accounts, prior to February 1, counts which may occur in connection accounts, the Insurance Corposation dis­ 1968, to the holders of each account with funds invested in insured institu­ covers that the funds in the $5,000 account which had a balance in excess of $5,000 tions. These examples interpret the rules actually belong to A and that B had invested at the close of the last dividend period for insurance of accounts contained in 12 these funds as agent for A, his undisclosed CFR Part 564. principal. What is the insurance coverage? prior to notification. Such notice shall Answer: Since the available evidence shows consist of mailing to such holders, at The examples, as wel^ as the rules that A is the actual owner of the funds in the their last known address as shown on the which they interpret, are predicated $5,000 account, the Insurance Corporation records of the institution, a question and upon the assumption that invested funds may, at its option, add these funds to the answer brochure on insurance of ac­ are actually owned in the manner indi­ $15,000 individual account held by A (rather counts prepared by the Federal Savings cated on the institution’s records. If than to B’s $12,000 account) and insure the and Loan Insurance Corporation. Such available evidence shows that ownership total of $20,000 to the $15,000 maximum, is different from that on the institution’s leaving $5,000 uninsured. In that event B’s brochure shall also be made available $12,000 individual account would be sep­ to the public at each office of an in­ records, the Federal Savings and Loan arately insured (§564.3 (a) and (b)). sured institution. Additional explana­ Insurance Corporation may pay claims tory materials may also be sent to ac­ for insured accounts on the basis of ac­ Example 5 count holders at the option of the in­ tual rather than ostensible ownership. Question: C, a minor, maintains an indi­ sured institution. A. Single ownership accounts. All fundsvidual account of $150 in connection with a owned by an individual (or by the hus­ school savings program. C’s grandfather (Sec. 5, 48 S ta t. 132, as am ended; 12 U 8.C . makes a gift to him of $10,000, which is in­ 1464. Reorg. P lan. No. 3 of 1947, 12 F.R. 4981, band-wife community of which the indi­ vested in another account by C’s father, des­ 3 CFR, 1947 Supp.) vidual is a member) and invested by him ignated on the Institution’s records as cus­ By the Federal Home Loan Bank in one or more individual accounts are todian under a Uniform Gifts to Minors Act. Board. added together and insured to the $15,000 C’s father also maintains an individual ac­ maximum. This is^true whether the ac­ count of $10,000. What is the insurance cov­ [seal] H arry W . C atjlsen, counts are maintained in the name of erage? Secretary. the individual owning the funds, in the Answer: C’s individual account and the name of his agent or nominee, or in the ' custodianship account held for him by his [P.R. Doc. 67-8198; F iled, Ju ly 13, 1967; father are added together and would be in­ 8:50 a.m .] name of a guardian, conservator or cus­ sured to the $15,000 maximum (§ 564.3(c)). todian holding the funds for his benefit. The individual account held by C’s father is separately insured (§ 564.3(a)). [No. 20,725] E xample 1 Question: A and B, husband and wife, E xample 6 EXAMPLES OF INSURANCE COVER­ each maintain an individual account con­ Question: G, a court appointed guardian, AGE AFFORDED ACCOUNTS IN IN­ taining $15,000. In addition, they hold a joint invests in a properly designated account account containing $15,000. What is the in­ $15,000 of funds in his custody which belong STITUTIONS INSURED BY THE FED­ surance coverage? ERAL SAVINGS AND LOAN INSUR­ to W,, his ward. W and G each maintain Answer: Each account is separately in­ $5,000 individual accounts. What is the in­ ANCE CORPORATION sured to $15,000, for a total coverage of surance coverage? $45,000. The coverage would be the same Answer: W’s individual account and the uly J 7,1967. whether the individual accounts contain guardianship account in G’s name are added funds owned as community property or as Whereas, by Federal Home Loan Bank together and insured to $15,000 in the ag­ Board Resolutions Nos. 20,723 and 20,724, individual property of the spouses (§ 564.3(a) gregate. The fact that a guardian has been and § 564.9(a)). dated July 7, 1967, this Board has judicially appointed does not alter the fact amended pertinent provisions of the E xample 2 that the guardianship funds legally belong to W, the ward, and are Insured as W’s in­ Rules and Regulations for Insurance of Question: H and W, husband and wife, Accounts (12 CFR, Chapter V, Subchap­ dividually owned funds (§ 564.3(c)). G’s in­ reside in a community property state. H dividual account is separately insured ter D) to define, limit and clarify the in- maintains a $15,000 account consisting of (§ 564.3(a)). su[ ^ ce coverage afforded investors in his separately owned funds and invests withdrawable accounts in institutions in­ $15,000 of community property funds in an­ Example 7 ured by the Federal Savings and Loan other account, both of which are in his name Question: M Savings and Loan Association insurance Corporation; and alone. What is the insurance coverage? declares and pays a dividend on June 30, al­ Answer: The two accounts are added to­ though ordered by its supervisory authority ^ e r e a s , this Board has determined gether and insured to a total of $15,000; not to do so because it is insolvent. A re­ that it would be in the public interest to $15,000 is uninsured (§ 564.3(a)). ceiver is thereupon appointed for the pur­ puohsh concurrently interpretations of E xample 3 pose of liquidation, and no further dividends aforesaid rules in the form of ques- are declared. A holds an account to which the 2 2 1 ? * answers setting forth insurance Question: A has $12,000 invested in an in­ June 30 dividend has been credited. B holds dividual account, and his agent, B, invests an account on permanent dividend order and insStfonsT°rded accounts in insured $5,000 of A’s funds in a properly designated has received a check for the June 30 dividend. agency account. B also holds a $15,000 indi­ What is the insurance coverage of the divi­ ThJlVÎd herefore> U is hereby resolved, vidual account. What is the insurance dend? e examples of insurance coverage coverage? Answer: If the last dividend prior to de­ Answer: A’s individual account and the 20 79?e? hereto and identified as Exhibit fault is unlawfully declared or credited, con­ agency account are added together and in­ trary to instructions from a supervisory au­ -A are adopted as official inter­ sured to the $15,000 maximum, leaving $2,000 thority, an amount equal to the last dividend

FEDERAL REGISTER, VOL. 32, NO. 135— FRIDAY, JULY 14, 1967 10418 FEDERAL REGISTER may be deducted in determining the insured each maintain Individual accounts contain­ ity” means any activity other than one amount of the account (§ 564.1(b)). Since ing $15,000. W hat is the insurance coverage? directed solely at increasing insurance the association has so declared and paid its Answer: Since S is a child of H, the account last dividend unlawfully, the amount of the established under the first trust is insured up coverage. If the corporation, partnership dividend will be deducted from the insur­ to $15,000 separately from any other accounts or unincorporated association is not en­ ance payment on both accounts—on A's held by H (5 564.4(a)). Since N is not a gaged in an independent activity, any account because the dividend was improperly spouse, child or grandchild of H, the $10,000 account held by the entity is insured as credited and on B’s account to reflect the in the account held by T under the second if owned by the persons owning or com­ am ount improperly paid but already received. trust is deemed to be owned by H and is prising the entity, and the imputed inter­ added to the $15,000 in H’s individual ac­ E xample 8 est of each such person is added for count and insured up to $15,000 in the ag­ insurance purposes to any individual Question: L Savings and Loan Association gregate, leaving $10,000 uninsured (§ 564.4 has a monthly-payment bonus plan under (b)). The individual accounts of S, N and T account which he maintains. which a bonus of % percent is payable after are separately insured to the $15,000 maxi­ E xample 1 mum (5 564.3(a)). regular payments have been made for 36 Question: X Corporation maintains a months and a bonus of y2 percent is pay­ E xample 3 $15,000 account. The stock of the corporation able after 60 months. At the time of default, is owned by A, B, C and D in equal shares. A has made payments on his bonus account Question: H invests $15,000 in each of Each of these stockholders also maintains an for 24 months and B for 40 months. W hat is four “payable-on-death” accounts. Under individual account with the same institu­ the insurance coverage with regard to the the terms of each account contract, H has the tion. W hat is the insurance coverage? bo n u s? right to withdraw any or all of the funds in Answer: Each of the accounts would be Answer: The amount of an insured account the account at any time. Any funds remain­ insured to $15,000 if the corporation is en­ ing in the account at the time of H’s death Includes only the earnings which an insured gaged in an independent activity and has not member would have been entitled to with­ are to be paid to a named beneficiary. The been established merely for the purpose of draw as of the date of the last dividend paid respective beneficiaries of the four accounts in creasin g in su ra n c e coverage. The same prior to default (§ 564.1(b)). As of that date are H’s wife, his mother, his brother and his would be true if the business were operated A did not have a right to withdraw any por­ son. H also holds an individual account con­ as a bona fide partnership instead of as a tion of the bonus, but B would have been taining $15,000. What is the insurance cov­ corporation (5 564.6). entitled to a bonus of % percent. Thus, the erage? insurance payment to B would include an Answer: The accounts payable on death to E xample 2 amount equal to a bonus of % percent, but H’s wife and son are each separately insured Question: A and B each has a $12,000 the payment to A would not include any to the $15,000 maximum (5 564.4(a)). The account in his own name and X Corporation portion of the bonus. accounts payable to H’s mother and brother has a $12,000 account. One third of the stoek are added to H’s individual account and in­ B. Testamentary accounts. The term, o f X C o rp o ratio n is ow ned by A and two sured to $15,000 in the aggregate, leaving th ird s b y B. X C o rporation was set up solely “testamentary account” refers to a rev­ $30,000 uninsured (5 564.4(b)). to obtain additional insurance. What is the ocable trust account, tentative or “Tot­ C. Accounts of executors or adminis­ insurance coverage? ten” trust account, “payable-on-death” trators. All funds belonging to a decedent Answer: Since X Corporation is not en­ account or any similar account which and invested in one or more accounts, gaged in an independent activity, the funds evidences an intention that the funds in its account are insured as if owned by A whether held in the name of the decedent m id B in proportion to their interest in the shall pass on the death of the owner of or in the name of his executor or admin­ the funds to a named beneficiary. If the corporation. For insurance purposes, $4,000 istrator, are added together and insured of the corporate account is imputed to A beneficiary is a spouse, child or grand­ to the $15,000 maximum. Such funds are and added to his individual account and child of the owner, the funds in all such insured separately from the individual $8,000 is added to B’s individual account. A accounts are insured for the owner up accounts of any of the beneficiaries of the has an aggregate individual interest of to $15,000 in the aggregate as to each estate or of the executor or administrator. $16,000, of which $15,000 is insured, leaving such beneficiary, separately from any $1,000 uninsured. Of B’s total interest of other individual accounts of the owner. E xample 1 $20,000, $5,000 is uninsured (5 564.6). If the beneficiary of such an account is Question: A, administrator of D’s estate, E xample 3 other than a spouse, child or grandchild sells D’s automobile and invests the pro­ Question: C College maintains three sepa­ of the owner, the funds in the account ceeds of $2,500 in an account entitled: “A, rate accounts with the same institution are, for insurance purposes, added to any Administrator of the estate of D.” In the under the titles: “General Operating Fund”, same institution there is an account con­ “Teachers Salaries”, and “Building Fund”. other individual accounts of the owner taining $15,000 which D had opened just prior and insured up to $15,000 in the aggre­ to his death. W hat isjthe insurance coverage? W hat is the insurance coverage? gate. In the case of a revocable trust ac­ Answer: Since all of the funds are the Answer: The two accounts are added to­ property of the college, the three accounts count, the person who holds the power of gether and insured up to the $15,000 maxi­ are added together and insured only to the mum, leaving $2,500 uninsured (5 564.5). revocation is deemed to be the owner of $15,000 maximum (5 564.6 and 5 564.7). the funds in the account. If a revocable E xample 2 trust account is held in the name of a E xample 4 fiduciary other than, the owner of the Question: X is executor of the will of T, Question: The men’s club of X Church under which A, B and C are beneficiaries in carries on various social activities in addition funds, any other accounts held by the equal shares. X invests $40,000 of T’s estate fiduciary are insured separately from to h o ld in g several fu n d raising campaigns for in an account entitled: “X, Executor of the the church each year. The club is supported such revocable trust account. will of T.” A and X maintain individual ac­ by membership dues. Both the club and x counts of $15,000 each in the same institu­ E xample 1 Church m aintain accounts in the same insti­ tion. What is the insurance coverage? tution. W hat is the insurance coverage? Question: H Invests $25,000 in a'revocable Answer: The account held by X as execu­ Answer: The men’s club is an unincorpo­ trust account with his son, S, and his daugh­ tor is insured only to $15,000. Such funds are rated association engaged in an independen ter, D, as named beneficiaries. What is'the considered the property of the decedent’s activity. If the club funds are, in fact, legacy insurance coverage? estate and are not apportioned- among the ow ned by th e d u b itse lf an d n o t the onurcn* Answer: Since S and D are children of H, beneficiaries under the will. Since the title of each account is separately insured to the owner of the account, the funds are in­ the estate account discloses its fiduciary na­ m e nr\n < K RRA 7 \ sured up to $15,000 as to each beneficiary ture, X’s individual account is insured sep­ (5 564.4(a)). Assuming that S and D have arately. In addition, A’s individual account E xample 5 equal beneficial interests ($12,500 each), H is separately insured to the $15,000 maximum Q u estio n : T h e PQ R U nion has three locals is fully Insured for this account. (5 564.5). In a certain city. Each of the locals main __ E xample 2 D. Accounts held "by a corporation, a, savings account containing fur^ £| c. partnership or unincorporated associa­ tng to the parent organization. All tnr Question: H, as settlor-trustee, creates a uounts are in the same insured institutoo revocable trust for the benefit of his son, S. tion. All funds invested in an account What is the insurance coverage? H creates a second revocable trust, with T as or accounts by a corporation, a partner­ Answer: The three accounts are added trustee, for the benefit of his nephew N. ship or an unincorporated association g eth er a n d in su red u p to th e $15,00 H invests $15,000 of the funds of the first engaged in any independent activity are trust in a revocable trust account. T invests E. Public unit accounts. For Insurance $10,000 of the funds of the second trust in added together and insured to the $15,000 another account. In addition, H, S, N, and T maximum. The term “independent activ­ purposes, the official custodian of

FEDERAL REGISTER. VOL. 32, NO. 135— FRIDAY, JULY 14, 1967 FEDERAL REGISTER 10419 belonging to a public unit, rather than by ordinance or by statute for a specific pur­ the case of a tenancy in common. With a the public unit itself, is insured as the pose would not cause such funds to be tenancy in common, equal interests are account holder. All funds belonging to a separately Insured (§ 564.8(a)). presumed unless otherwise stated on the public unit and invested by the same E xample 6 records of the institution. custodian are added together and in­ Question: A city treasurer invests $15,000 E xample 1 sured to the $15,000 maximum, regard­ in a “General Fund” account and $20,000 less of the number of accounts involved. in a “Meter Deposit” account. The funds in Question: A and B maintain an acoount as If there is more than one official custo­ the Meter Deposit account belong to users of Joint tenants with right of survivorship and, dian for the same public unit, the funds gas and are held by the official custodian in in addition, each holds an individual ac­ invested by each custodian are sepa­ a fiduciary capacity as security for damage count. Is each account separately insured? to gas meters. What is the insurance Answer: If both A and B have executed the rately insured up to $15,000. If the same signature card and possess withdrawal rights person is custodian of funds for more coverage? Answer: Each account is separately and with respect to the joint funds, each account than one public unit, he is separately in­ fully insured. However, if the city treasurer is separately insured to the $15,000 maximum sured to $15,000 with respect to the held such funds as agent for the users of (§ 564.9 (a) and (b)). funds of each such unit held by him in gas, their interests in the Meter Deposit E xample 2 properly designated accounts. - account would be added to their individual Question: H and W, husband and wife, re­ E xample 1 accounts in computing insurance coverage (§ 564.3(b)). On the other hand, if the meter side in a community property state. Each Question: X, as county treasurer, invests deposits are actually held in' trust pursuant holds an individual account and, in addition, $5,000 in each of the following accounts: to statute or contract, such funds would be they hold a qualifying joint account. The “General Operating Account,” “Road and separately insured from any individually funds in all three accounts consist of com­ Bridge F und,” “School T ra n s p o rta tio n owned funds of the gas users. (§564.10). munity property. Is each account separately Fund,” “Local Maintenance Fund,” and in su red ? “Payroll Fund.” W hat is the insurance cov­ E xample 7 Answer: Yes. An account in the individual erage? Question: In addition to the public fund name of a spouse will be insured up to Answer: Since all of these funds are owned accounts listed in Example 1, the county $15,000, whether the funds consist of com­ by the same public unit (the county) and treasurer also maintains a “Bond Payment munity property or separate property of the are invested by the same public official, the Account” containing funds required by law spouse. A joint account containing com­ five accounts are added together and insured to be paid to 2,000 holders of bonds issued munity property is also insured up to in the aggregate to the $15,000 maximum, by the county. The account contains $15,000. Thus, community property can be leaving $10,000 u n in su re d (§ 5 6 4 .8 (a)). $200,000. What is the insurance coverage? used for individual accounts in the name of each spouse and for a Joint account in the Example 2 Answer: The interest of each bondholder is separately insured to the $15,000 maxi­ name of both spouses, each of which ac­ Question: As Comptroller of Y Consoli­ mum. Where a public official invests in an counts is separately insured up to $15,000 dated School District, A m aintains a $20,000 account funds which are required by law (§ 564.3(a) and § 564.9(a)). account containing school district funds. He to be held for the payment of a particular Example 3 also maintains his own $10,000 savings ac­ bond issue, the account is deemed to be count. What is the insurance coverage? held in trust for the individual bondholders. Question: Two accounts of $15,000 each Answer: The two accounts will be sepa­ The title of such an account, however, must are held by a husband and his wife under rately insured, assuming the institution’s indicate its fiduciary nature (§ 564.8(b)). the following names: records indicate th a t th e ac c o u n t c o n ta in in g John Doe and Mary Doe, husband and the school district funds is held by A in a F. Joint accounts. Accounts held underwife, as joint tenants with right of survivor­ fiduciary capacity. Thus, $15,000 of the any form of joint ownership valid under ship. Mrs. John Doe and John Q. Doe (com­ school’s funds a n d th e e n tire $10,000 in A’s State law (whether as joint tenants munity property). Are the accounts sep­ personal account will be insured (§ 564.2(b) with right of survivorship, tenants by arately insured? (1) and § 564.8(a) ). the entireties, tenants in common or by Answer: No. Both accounts are considered joint accounts owned by the same combina­ Example 3 husband and wife as community prop­ tion of individuals, regardless of the form Question: A, as city treasurer, and B, as erty) are insured up to $15,000. This in­ of joint ownership. Reversal of names or use chief of the city police department, each surance is separate from that afforded of different styles does not change the result, have $15,000 in city fu n d s in v ested in c u sto ­ individual accounts held by any of the as long as the account owners are in fact the dial accounts. What is the insurance cover­ co-owners. same in both cases. For insurance purposes, age? An account is insured as a joint ac­ the accounts are added together for a total Answer: Assuming that both A and B have count only if each of the co-owners has of $30,000, of which $15,000 is insured mcial custody of th e city fu n d s, each a c ­ personally executed an account signa­ (§ 564.9(d)). count is separately insured to the $15,000 maximum (§ 564.8(a)). ture card and possesses withdrawal E xample 4 rights. An account owned jointly which Question: The following accounts are held E xample 4 does not qualify as a joint account for by A, B, and C, each of whom has personally Question: A is Treasurer of X County insurance purposes is insured as if owned executed signature cards for the accounts in collects certain tax assessments, a by the named persons as individuals. In which he has an interest. Each co-owner of a ?inrtÎ^n °fi wihlch m « s t be p a id to th e S ta te that case, the actual ownership interest joint account possesses the necessary with­ ana!f Sta*utory requirement. A maintains in the account of each person is added to drawal rights. aid « S v°r général funds of the county any other accounts individually owned No. 1 A, as an individual—$15,000. funriMtau«liShes a seParate account for the No. 2 B, as an individual—$15,000. by such person and insured up to $15,000 No. 3 C, as an individual—$15,000. belong to the State Treasurer. in the aggregate. s e n J ritUti0n’S records indicate that the No. 4 A and B, as Joint tenants w/r/o sur­ thfsStP contains ^nds held for Any individual, including a minor, may vivorship—$15,000. . What is thé insurance coverage? be a co-owner of a joint account pro­ No. 5 A and C, as Joint tenants w/r/o sur­ fund«« ®ince two public units own the vided that, under State law, he may vivorship—-$15,000. senaratfolfiby A’ the acc°nnts would each be execute a signature card and withdraw No. 6 B and C, as joint tenants w/r/o sur­ (i 5648(a) *nsured to tbe $15,000 maximum. funds from the account on the same vivorship—$15,000. basis as the other co-owners. No. 7 A, B, and C, as joint tenants w/r/o Example 5 survivorship—$15,000. All funds invested in joint accounts What is the insurance coverage? ofQcr ^ A «City treasurer invests $15,000 owned by the same combination of in­ A nsw er: A ccounts n u m b ered 1, 2, a n d 3 counts- «o ln each of the following ac- dividuals are first added together and in­ are each separately insured for $15,000 as in­ ‘S2,1 £ eneral Operating Account.” sured to the $15,000 maximum. Where an dividual accounts held by A, B, and C re­ Maintenan^aTOSP°rtation Fund,” “Local investor has an interest in more than one spectively (5 564.3(a)). With regard’ to AH of ihp f F"nd;” and “Payroll Fund.” accounts numbered 4, 5, 6, and 7, the respec­ have been ln th e v a jious acco u n ts joint account and different joint owners tive interests of A, B, and C in such accounts dicated the sPecIfic use in- are involved, his interests in all of such What is the ordinance or by statute, joint accounts are then added together are added together for insurance purposes s the insurance coverage? (§ 564.9(e)). The interests of the co-owners Answer* au a# au and insured to $15,000 in the aggregate. together knîr « the accounte are added For insurance purposes, the co-owners of each joint account are deemed equal for *15,000. The^ alhfèn+T* *n th e &Sgreg&te to of any joint account are deemed to have insurance purposes (§ 564.2(b) ( 4 ) ). T h u s, A allocation of the city’s funds equal interests in the account, except in has an interest of $7,500 in account No. 4,

FEDERAL REGISTER, VOL. 32, NO. 135— FRIDAY, JULY 14, 1967 10420 FEDERAL REGISTER

$7,500 in account No. 5, and $5,000 in account G. Trust accounts. A trust estate is An account established pursuant to a No. 7, for a total joint account interest of the interest of a beneficiary in an irrevo­ revocable trust arrangement is insured $20,000, of which $15,000 is insured. The in­ cable express trust, whether created by as a form of individual account and is terests of B and G are similarly insured. trust instrument or statute, that is valid treated under Section B, supra, dealing E xample 5 under State law. Thus, funds invested in with Testamentary Accounts. Question: A, B, and C hold accounts as set an account by a trustee under an irrevo­ Example 1 cable express trust are insured on the forth in Example 4. A and B are husband and Question: T is a trustee of an irrevocable wife. C, their minor child, has failed to basis of the beneficial interests under trust created by S, settlor, for the benefit of execute the signature card for account No. 7. such trust. The interest of each benefi­ A and B in equal shares. T holds an account In account No. 5, C cannot make a with­ ciary in an account (or accounts) estab­ containing $30,000 in trust funds. A and B, drawal without A’s written consent. In ac­ lished under such a trust arrangement is as well as T and S, each maintain individual count No. 6, the signatures of both B and C insured to $15,000, separately from other a c c o u n ts in th e a m o u n t of $15,000 each. are required for withdrawal. A has provided W hat is the insurance coverage? all of the funds for accounts numbered 5 and accounts held by the trustee, the settlor 7. W hat is the insurance coverage? (grantor) or the beneficiary. However, Answer: The trust estates of A and B in­ vested in the account are each insured to Answer: If any of the co-owners of a joint in cases where a beneficiary has an inter­ est in more than one trust arrangement the $15,000 maximum, assuming that neither account have failed to meet any of the joint A nor B have beneficial interests in any other account requirements, the account is not created by the same settlor, the interests accounts established pursuant to an irrevo­ insured as a joint account. Instead, the ac­ of the beneficiary in all accounts estab­ cable tr u s t c reated by th e sam e settlor. Since count is insured as if it consisted of com­ lished under such trusts are added to­ A and B have equal beneficial interests under mingled individual accounts of each of the gether for insurance purposes, and the the trust, each has a proportionate interest co-owners in accordance with his actual beneficiary’s aggregate interest derived in the trust account of $15,000, and the ac­ ownership of the funds, as determined under count is fully insured. The individual ac­ applicable state law (§ 564.9(c) )u Account No. from the same settlor is separately in­ sured to the $15,000 maximum. counts of A, B, T and S are each separately 5 is not insured as a joint account because insured to $15,000 (§ 564.10). C does not possess the right to withdraw the A beneficiary’s interest in an account funds in accordance with his purported in­ established pursuant to an irrevocable E xample 2 terest in the account (§ 564.9(b)) . However, express trust arrangement is insured Question: S is the settlor of an irrevocable account No. 6 does qualify as a Joint account separately from other beneficial inter­ trust for the sole benefit of his son, B. T, for insurance purposes since each co-owner ests (trust estates) invested in the same the trustee, maintains an account contain­ possesses the right to withdraw funds on the account if the value of the beneficiary’s ing $15,000 in trust funds. S subsequently same basis. Account No. 7 is not insured as creates a separate irrevocable trust, also for a Joint account since C did not personally interest (trust estate) can be determined (as of the date of default) without B’s sole benefit, with X Bank as trustee. X execute the signature card. Assuming that, Bank invests $5,000 of the trust funds in under applicable state law, A has the entire evaluation of contingencies except for another account. What is the insurance actual ownership interest in accounts 5 and those covered by the present worth ta­ coverage? 7, all of the funds in these accounts are bles and rules of calculation for their Answer: B has the sole beneficial interest treated for insurance purposes as individually use set forth in Sec. 20.2031-7 of the Fed­ in two accounts established under trusts owned by A (§ 564.9(c)). Thus, the $30,000 eral Estate Tax Regulations (26 CFR created by the same settlor. Both accounts in these accounts is added to the $15,000 in 20.2031-7). If any trust estates in such are added together and insured up to $15,000 account No. 1, A’s individual account, and an account cannot be so determined, in the aggregate, leaving $5,000 uninsured. insured up to $15,000 in the aggregate, leav­ The fact that , two different trustees are in­ ing $30,000 uninsured. Accounts 4 and 6, the the insurance with respect to all such volved is immaterial (§ 564.10). remaining joint accounts, are each insured trust estates together shall not exceed to the $15,000 limit, since they are owned by the basic insured amount of $15,000. E xample 3 different combinations of individuals and no In order for insurance coverage of Question: S is the settlor of an irrevoc­ co-owner has an aggregate interest in the trust accounts to be effective in accord­ able trust fund for the sole benefit of his two accounts in excess of $15,000 (§ 564.9 (d) ance with the foregoing rules, certain son, B. T, trustee, invests $15,000 of the trust a n d (e)). funds in a trust account. S establishes a E xample 6 recordkeeping requirements must be met. In connection with each trust account, revocable trust account in the amount of Question: Three qualifying joint accounts the institution’s records must indicate $15,000 for the sole benefit of B. S also has are owned by A, B and C, as joint tenants the name of both the settlor and the an individual account of $15,000. What is the with right of survivorship, as follows: trustee of the trust and must contain an insurance coverage? No. 1 A and B—$15,000. account signature card indicating the Answer: B’s trust estate in the account No. 2 A a n d B— 5,000. established pursuant to the irrevocable trust No. 3 A a n d C— 10,000. fiduciary capacity of the trustee and arrangem ent is insured to $15,000 separately W hat is the insurance coverage? executed by him. In addition, the inter­ fro m th e a c c o u n ts ow ned by S (§ 564.10). Answer: Since accounts numbered .1 and ests of the beneficiaries under the trust The revocable trust account is insured to 2 are owned by the same combination of must be ascertainable from the records $15,000 as a testamentary account owned by individuals, they are first added together of either the institution or the trustee. S with his child as beneficiary, separately and insured to $15,000 in the aggregate, Although each ascertainable trust from S’s individual account (§ 564.4(a)). leaving $5,000 uninsured (§ 564.9(d)). Since estate is separately insured, it should be The three accounts are fully insured. the respective interests of the co-owners of noted that in short-term trusts the in­ Example 4 each joint account are deemed equal for in­ surable interest or interests may be very surance purposes, A has an interest of $7,500 Question: An account in the amount of in account No. 1, $2,500 in account No. 2, and small, since the interests are computed $25,000 is held pursuant to an irrevocable $5,000 in account No. 3, for a total Joint ac­ only for the duration of the trust. Thus, trust for the benefit of A and B. Under the count interest of $15,000. A’s Interest of if a trust is made irrevocable for a speci­ term s of the trust instrum ent, A is t0 irece.1^® $10,000 in accounts numbered 1 and 2 re­ the income for life and B is to receive ceives a $7,500 proportionate share of the fied period of time, the beneficial inter­ remainder at A’s death. At the time o $15,000 insurance coverage on the two ac­ est will be calculated in terms of the fault, A is 70 years of age. What is the in­ counts, as does B’s interest, leaving $2,500 length of time stated. A reversionary in­ surance coverage? , uninsured in each case. A is entitled to $15,- terest retained by the settlor is treated Answer: The proportionate value of a s 000 of insurance on the total of his interests life estate can be determined by R in joint accounts owned by different com­ in the same manner as an individual ac­ the present worth tables found at 26 binations of individuals (5 564.9(e)). $7,500 count of the settlor. § 20.2031-7. To ascertain A’s beneficial in of this $15,000 is allocated to A’s interest in As stated, the trust must be valid un­ est in the account, the appropriate multi­ accounts numbered 1 and 2, leaving $7,500 plier (.27370) indicated by Table 1 is “ u . of insurance available for his $5,000 interest der local law. A trust which does not p lied by th e a m o u n t in th e ^ ° u n !;;fF; rpnce in account No. 3, which is fully insured. C’s meet local requirements, such as one terest is found to be $6,842.50. The diff $5,000 interest in account No. 3 is also fully imposing no duties on the trustee or of $18,157.50 represents B’s beneficial inte insured. Thus, $12,500 of A’s total interest in the account. The trustee is entitled to ^ of $15,000 is insured; $7,500-^ef B’s $10,000 conveying no interest to the beneficiary, insurance payment of $21,842.50, repr interest is insured; and all of C’s $5,000 inter­ is of no effect for insurance purposes. An in g A’s est is insured. Of the $30,000 Invested in the account in which such funds are invested $15,000 of B ’s in te re st (§ 56412(C) 1-U three joint accounts, a total of $25,000 is § 564.10). in su red . is considered to be an individual account.

FEDERAL REGISTER. VOL. 32, NO. 135— FRIDAY, JULY 14, 1967 FEDERAL REGISTER 10421

Example 5 in the account is $676.40. G’s reversionary in­ to any other lndvidual accounts which the Question: The situation is the same as in terest is worth $19,323.60. Assuming that G principal holds in the same institution) has no individual interest in any other ac­ Example 4, except that A is to receive the (§ 564.3(b)). If X Corporation is found to count, the trustee is entitled to an insurance income for life or until she marries, with hold the funds as owner, or principal, with payment of $15,676:40, representing H Uni­ remainder over to B. W hat is the insurance only a contractual obligation to pay to its versity’s entire trust estate in the account creditors, and not as trustee or agent, the coverage? ($676.40) and $15,000 of G’s reversionary in­ Answer: Both trust estates are subject to account would be insured only to the $15,000 terest (§ 564.2(c) (1) and §564.10). a contingency (A’s marriage) which pre­ limit (§564.6). cludes their evaluation by the use of the Example 8 Example 10 present worth tables. The insurance cover­ Question: H and W create an irrevocable age with respect to all trust estates in the Question: What is the insurance coverage trust for the benefit of their children, S and on other fiduciary accounts, such as clients’ account is limited to the $15,000 maximum D, in equal shares. The trust contains (§ 564.2(c) (2)). The trustee is entitled to an funds invested in the name of a lawyer, rent $100,000, of which $20,000 was contributed insurance payment of $15,000. security funds invested in the name of the by W. As joint trustees, H and W invest landlord, escrow funds invested in the name E x a m p l e 6 $40,000 of these funds in a trust account. of a real estate broker, litigants’ funds in­ What is the insurance coverage? Question: S establishes an irrevocable vested in the name of a representative of a trust fund of $75,000 for the equal benefit Answer: The trust estates of S and D are court, consignors’ funds invested in the name of A, B, C, D, a n d E. T he tru s te e in v ests th e deemed to be derived from H and W in of a market servicing agent, and similar entire amount in a properly designated trust proportion to the contribution of each'to the funds invested in other custodial accounts? account. The trust provides that each bene­ trust. W has contributed 20 percent of- the Answer: Such funds are insured in the ficiary is to receive incom e in eq u al sh ares funds and H has contributed 80 percent. S same manner as indicated in Example 9. If until the age of 35, at which time the prin­ and D have equal beneficial interests in the the funds are held in irrevocable trust pur­ cipal is to vest in eq u al shares, except th a t trust account. Of S’s beneficial interest of suant to statute or trust instrument, they if either D or E does not complete college $20,000, $4,000 ( 20 percent) is deemed to be are insured as trust funds. If held on an by age 35, his share 6f the principal is to go derived from W and $16,000 ( 80. percent) is agent-principal basis, they are insured as to X Church. What is the insurance cover­ deemed to be derived form H. D’s beneficial the individually owned property of the vari­ age? interest is similarly derived. The trust estate ous principals (§ 564.3(b) and §564.10). of each beneficiary derived from each settlor Example 11 Answer: The proportionate (one-fifth) in­ is separately insured to the $15,000 maximum. terests in the account of A, B, and C are The $4,000 interest derived from W is fully Question: A cemetery maintains an ac­ each insured up to $15,000 as separate trust insured, and $15,000 of the interest derived count, consisting of its general funds, in the estates. The interests of D, E and X Church from H is insured, leaving $1,000 uninsured am ount of $15,000. It also m aintains a proper­ are subject to contingencies (completion of in the case of each beneficiary. The account ly designated trust account, containing per­ college) w hich c a n n o t be ev alu ated by use is insured to a total of $38,000 (§ 564.2 petual care funds held in trust pursuant to of the present worth tables. Therefore, the (c)(3)). insurance coverage on their Interests is lim­ statute or trust instrument for the benefit Example 9 ited to $15,000 in the aggregate, resulting of various cemetery lots, in the amount of in a total insurance coverage of $60,000 for Question: X Corporation acts as servicing $50,000. No single perpetual care fund in the the trust account (§ 564.2(c) (1) and (2)). agent for FHA, VA and conventional mort­ trust account exceeds $15,000. What is the gage loans. Each month X Corporation col­ insurance coverage? Example 7 lects payments from approximately 2,000 Answer: The general funds account is Question: G is settlor of a short-term ir­ mortgagors and" commingles these funds in separately Insured to $15,000. Since each sep­ revocable trust for the benefit erf H Univer­ a single account. The account contains arate trust estate in the trust account is sity. Under th e term s of th e tr u s t in stru m e n t, $200,000. What is the insurance coverage? separately insured, the trust account is fully the university is to receive all of the income Answer: The amount of insurance cover­ insured in the amount of $50,000 (§ 564.10). (payable annually) for 2 years. At the end of age depends upon the terms of the contract Example 12 the 2-year period, the trust is to terminate, or instrument under which X Corporation and the corpus is to revert to G. The trustee collects the funds. If it acts in the capacity Question: G creates a charitable trust invests $20,000 in a trust account. At the of a trustee for the benefit of the mortgagors, under which the principal and income are to date of default, 1 year of the 2-year term of the interest of each mortgagor is separately be used for the furtherance of legal educa­ the trust has expired. W hat is the insurance insured to the $15,000 maximum. If it acts tion, in the discretion of the trustee. The coverage? in the capacity of a trustee for the lenders, trustee invests $25,000 of the trust funds in Answer: Although this arrangement con­ the interest of each lender is separately in­ a properly designated account. What is the stitutes an express irrevocable trust, G’s re­ sured to the $15,000 maximum. In either case, insurance coverage? versionary interest is treated, for insurance this insurance is separate from that afforded Answer: Since the beneficiaries under the purposes, as an individual account owned the individually owned funds of X Corpora­ trust are indefinite and cannot be ascer­ by him (§561.4). To ascertain the value of tion invested in the institution or the indi­ tained, there can be insurance only to the H University’s remaining one-year income vidual accounts of any of the mortgagors basic insured amount (§ 564.2(c) (2)). T h u s, or lenders (§564.10). If X Corporation is interest in the trust account, the appropriate the account is insured only to $15,000, leav­ multiplier (0.03382) indicated by Table n of found to act in the capacity of an agent for either the mortgagors or the lenders, the ing $10,000 uninsured (§ 564.10). the present worth tables is multiplied by the interest of each such principal is separately account balance. H University’s trust estate [F.R. Doc. 67-8199; Filed, July 13, 1967; insured as his individual account (but added 8:50 a.m.]

FEDERAL REGISTER, V O L 32, NO. 135— FRIDAY, JULY 14, 1967