Federal Register Volume 30 • Number 138
FEDERAL REGISTER VOLUME 30 • NUMBER 138
Tuesday, July 20,1965 Washington, D.C.
Pages 9045-9082
Agencies in this issue— The President Agency for International Development Agricultural Research Service Civil Aeronautics Board Commerce Department Consumer and Marketing Service Federal Aviation Agency Federal Communications Commission Federal Power Commission Fédéral Trade Commission Fish and W ildlife Service Forest Service Internal Revenue Service In tern ation al Commerce Bureau Interstate Commerce Commission Land Management Bureau Maritime Administration Post Office Department Securities and Exchange Commission Small Business Administration Treasury Departm ent Detailed list of Contents appears inside. 5-Year Compilations of Presidential Documents
Supplements to Title 3 of the Code of Federal Regulations
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THE PRESIDENT Proposed Rule Making INTERIOR DEPARTMENT Regulations under Packers and See Fish and Wildlife Service; EXECUTIVE ORDER Stockyards Act; extension of Land Management Bureau. tim e______i______9066 Establishing the President’s Com mission on Crime in the District Notices INTERNAL REVENUE SERVICE of Columbia______9049 Canned and frozen red tart pitted Rules and Regulations cherries; notice of purchase pro- £ gram _____f______J | 9067 . Income tax ; investment credit pro EXECUTIVE AGENCIES visions aiid amendment of de FEDERAL AVIATION AGENCY preciation provisions______9060 AGENCY FOR INTERNATIONAL Rules and Regulations DEVELOPMENT Restricted area; alteration— 9055. INTERNATIONAL COMMERCE Rules and Regulations BUREAU Overseas shipments of supplies by FEDERAL COMMUNICATIONS Notices voluntary nonprofit relief agen COMMISSION Order denying export privileges: cies; shipments eligible for rein- Notices Caramant Industrial T ra d e bursement of freight charges.. 9059 Agency et al______|____ 9067 Hearings, etc,: Morvan, Jçan______9069 AGRICULTURAL RESEARCH Capital Broadcasting Corp. and SERVICE Capital News, Inc ——1 9071 Chapman Radio and Television INTERSTATE COMMERCE Rules and Regulations Co. and Anniston Broadcast COMMISSION Interpretation with respect to - ing Co— ___— 9071 Notices labels for large containers..— 9051 Chicagoland TV Co. and Chi Fourth section applications for re Proposed Rule Making cago Federation of Labor and Industrial Union Council----- 9072 lie f— ______— ______9079 Anti-hog-cholera serum and hog- Greenside, Richard P., et al____ 9072 Motor carrier temporary author cholera virus; proposed budget KXYZ Television, Inc., and ity applications^^______'|_____ 9079 and rate of assessment for Crest Broadcasting Co______9072 Motor carrier transfer proceed 1965____Î ______.>•____ 9066 Missouri-Rlinois Broadcasting ings— — ______J____ 9080 Co. and KGMO-Television Ohio Motor Freight Committee, AGRICULTURE DEPARTMENT Inc. (KGMO)____— ___t 9072 Inc,;. application for approval See Agricultural Research Serv Symphony Network Associa of agreement— ______9080 ice; Consumer and Marketing tion, Inc., and Chapman Service; Forest Service. Radio and Television Co____ 9072 LAND MANAGEMENT BUREAU Triple C Broadcasting Corp. CIVIL AERONAUTICS BOARD (W L O R ) ______.____ 9073 Notices Ultravision Broadcasting Co. New Mexico; termination of pro Notices and WEBR, Inc__._..— _ ___ 9073 posed withdrawal and reserva International Air Transport As WTCN Television, Inc. (WTCN- tion of lands______9067 sociation; agreement adopted . T V ) et a l______.... _* ______9073 regarding specific rates____ 9071 FEDERAL POWER COMMISSION MARITIME ADMINISTRATION COMMERCE DEPARTMENT Rules and Regulations Notices See also International Commerce Statements, reports, and agree Bureau; Maritime Administra Hearings, etc.: ments required to be filed ; forms tion. '';f Humble Oil and Refining Co. of utilization and performance Notices et a l______;______9076 reports prescribed______9065 Idaho Power Co______;______9078 Environmental Science Services Tennessee Natural Gas Lines, Administration; organization I n c ______9077 POST OFFICE DEPARTMENT and functions______9070 Wisconsin Power and Light Co. 9077 Rules and Regulations CONSUMER AND MARKETING FEDERAL TRADE COMMISSION Highway transportation; miscel laneous amendments------9064 SERVICE Rules and Regulations Rules and Regulations Hearing aid industry; trade prac Apricots grown in designated tice rules.______9055 SECURITIES AND EXCHANGE Counties in Washington; ex COMMISSION _ penses and rate of assessment— 9054 FISH AND WILDLIFE SERVICE Avocados grown in South Florida; Rules and Regulations shipment lim itations....______9052 Rules and Regulations Employee stock purchase plans-r-. 9059 Lemons grown in California; Nunivak National W ildlife Refuge; Notices ■ handling lim itations...—.—— 9051 sport fishing; correction.— — 9065 Limes grown in Florida; quality Hearings, etc.: | Jersey Central Power & Light and size regulation.__*___ 9052 FOREST SERVICE 9074 Plums grown in California ; Motion Picture Investors, In c.. 9075 Regulation by grade and size 9053 Notices Regulation by size (2 docu Certain lands acquired; suitabil Washington Gas Light Co— — 9075 ments) 9053, 9054 ity for National Forest purposes. 9067 ( Continued on next page) 9047 9048 CONTENTS
SMALL BUSINESS STATE DEPARTMENT ADMINISTRATION See Agency for International De velopm ent. Rules and Regulations Small business size standards; in TREASURY DEPARTMENT terpretation of “Sales of Gov See also Internal Revenue Service. ernment-owned Timber” - 9055 Notices Notices Assistant Secretary; designation Authority delegations: to serve as member of Foreign- Manager Disaster Field Office, Trade Zones Board______-— 9067 Rock Island, 111______- 9078 Welded wire mesh from Belgium; Regional Offices of New York determination of sales at not area______— 9078 less than fair value______.___ 9067
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 p u b lis h e d separately at the end of each month. The guide lists the parts and sections affected by documents published since January L 1965. and specifies how they are affected.
3 CFR 13 CFR 22 CFR 9059 E x e c u t iv e O rder: 121 9055 202. 11234 — — ______9049 14 CFR 26 CFR 7 CFR 72 9055 1 9060 362______9051 910______9051 16 CFR 39 CFR ______9052 911— ____ — — 214 ______9055 94 ... 9064 915______9052 917 (3 documents)------9053, 9054 922______9054 17 CFR 46 CFR 231- ______9059 999 ______9065 9 CFR P roposed R u l e s : CFR _ 9066 50 131______9065 2 0 1 ______...... 9066 33_. Presidential Documents
T itle 3— THE PRESIDENT Executive Order 11234 ESTABLISHING THE PRESIDENT’S COMMISSION ON CRIME IN THE DISTRICT OF COLUMBIA By virtue of the authority vested in me as President of the United States, it is ordered as follows : Section 1. Establishment of Commission, (a) There is hereby established the President’s Commission on Crime in the District of Columbia (hereafter referred to as the “Commission” ) . (b) The Commission shall be composed of such members as the President shall appoint, one of whom shall be designated by the Presi dent as the Chairman. The members and the Chairman shall serve at the pleasure o f the President. Sec. 2. Functions of Commission, (a) The Commission shall in quire into the following matters in the District of Columbia and make such studies, conduct such 'hearings, and request such information as it deems approp riate fo r this purpose : ' (1) The causés of crime and delinquency and measures for their prevention. \'it t (2) The organization and adequacy of law enforcement and the administration of justice. (3) The correction and rehabilitation of offenders, particularly first offenders, (4 ) The adequacy and effectiveness of the criminal laws. (5 ) The relationships between police authorities and the citizenry in the various sections of Washington and the relationships between police authorities and public or private agencies providing welfare or sim ilar services. (6) Such other matters as the Commission may determine to be relevant to the prevention and control o f crime and the achievement of fair and effective law enforcement. (b) The Commission shall develop standards and make recommendations for : (1) Increasing the level of education and training of police per sonnel and the qualifications necessary for appointment to the police force. (2) Im proving the organization and techniques of the police force and providing it with the best equipment and facilities available. (3 ) Educating the community at large to the problems encountered by the police and other law enforcement authorities, promoting respect for law and achieving community involvement in the field of law enforcement. (4) Coordinating the programs and activities of the police force and those of appropriate public and private organizations. (5) Promoting better public understanding of the causes of crime, and of the means, in addition to law enforcement activities, of preventing and controlling crime. (fi) Im proving the methods used in the correction and rehabilitation o f offenders. 9050 THE PRESIDENT
(T) Devising programs, through new agencies or otherwise, for the disposition of cases of various kinds of misconduct by means alter native to criminal trials. (8) Expediting the handling of criminal cases, at every stage from arrest to completion of trial. ( 9 ) Revising the criminal laws. (10) Carrying out other programs and activities designed to prevent and control crime or to achieve fair and effective law enforcement. S ec. 3¿ Liaison and Goordination. The Attorney General, the Sec retary of the Treasury, the Secretary of Health, Education, and W el fare, the Director of the Office of Economic Opportunity, and the Board of Commissioners of the District of Columbia.each shall desig nate a representative to serve with the Commission as liaison. A ll departments and agencies of the Federal Government and the District of Columbia shall cooperate with the Commission and furnish it such information and assistance, not inconsistent with law, as it may require in the performance of its functions and duties. The Commission shall establish liaison and cooperate with any similar body constituted to study law enforcement and the administration of justice throughout the Nation, and shall consult, as may be appropriate, with members o f the Federal and District of Columbia judiciary and their assistants concerning matters of common interest. Sec. 4. Task Forces, (a) The Chairman of the Commission, after consultation with the other members, and at such times as the Com mission may deem appropriate, shall constitute task forces composed of persons who are authorities in professional or technical fields related to crime or juvenile delinquency, or persons representativo of the general public who are leaders in activities concerned with crime or juvenile delinquency. The task forces, and persons who are members, shall serve at the pleasure o f the Commission. (b) The task forces shall furnish the Commission information, advice and recommendations with respect to the functions set forth in section 2 of this order and shall engage in such other activities as the Commission may deem appropriate. Sec. 5, Personnel and Administration, (a) The Commission is authorized to appoint and fix the compensation of an executive secre tary and such other personnel as may be necessary to enable it to carry out its functions. -K..- (b ) Members of the Commission may be allowed travel expenses and per diem in lieu of subsistence as authorized by law (5 tJ.S.C. 73b-2) for persons serving without compensation. (e ) The Commission is authorized to obtain services, including the services of individuals as members of task forces, in accordance with the provisions of section 15 of the Act of August 2, 1946 (5 U.S.C. 55a), at rates for individuals not to exceed $100 per diem. ■(d) The General Services Administration shall provide adminis trative services for the Commission on a reimbursable basis. (e) AH necessary expenses incurred in connection with the work of the Commission shall be paid from the “Special Projects” fund of the President or such other funds as may be available for the pur poses of the Commission. Sec. 8. Reports and, Termination of Commission. The Commis sion shall make reports and recommendations to the President from time to time as it deems suitable and shall present a final report and recommendations not later than one year from the date of tins order. The Commission shall terminate not later than sixty days after presenting such final report and recommendations. L yndon B . Johnson T h e W hite H ouse, Ju ly 16,1966. [F.R . Doc. 65-7712 ; Filed, July 19,1965 ; 11:17 a.m.] Rules and Regulations
tion statemerit under the provisions of (2) For 5 percent DDT dust sold in a Title 7— AGRICULTURE section 4a of the act. 100-pound barrel. (3) The net contents of the container, DD T Dust Chapter Hi— Agricultural Research or in the case of a label attached to a Service, Department of Agriculture delivery receipt of tank truck delivery, Active Ingredient: Percent Dichlore Diphenyl Trichloroethane [Interpretation 10; Rev. I] the net amount delivered. (DDT) ...... 5 (4) The ingredient statement. PART 362— REGULATIONS FOR EN Inert Ingredients..______95 (5) The registration number assigned T o ta l-....______100 FORCEMENT OF FEDERAL INSECTI to the economic poison as required in Net weight 100 pounds CIDE, FUNGICIDE, AND RODENTI- § 362.6(f). John Doe and Company CIDE ACT (6) Any warning or caution statement New York, N.Y. which may be necessary to prevent in USDA Reg. No. xxx-xx Interpretation With Respect to Labels jury to living man, beneficial animals, and beneficial plants. This statement is Caution: Keep out of reach of children. for Large Containers Avoid breathing dust. Avoid contamination particularly important on large con of feed and foodstuffs. Pursuant to the authority vested in me tainers, since leakage may occur and re by § 362.3 of the regulations (7 CFR sult in injury to persons or property Effective date. This revision of In 362.3) under the Federal Insecticide, unless users or handlers are warned to terpretation 10 shall become effective Fungicide, and Rodenticide Act (7 U.S.C. take adequate precautions. upon its publication in the F ederal R eg 135-135k), Interpretation 10 with respect (7) In the case of an economic poison ister, when it shall supersede Interpre to labels for large containers (7 CFR highly toxic to man, the skull and cross- tation 10. 362.108) is hereby amended to read as bones, the word “POISON” prominently Done this 14th day of July 1965. follows; in red, and an antidote statement. § 362.108 Interpretation with respect to (d ) Directions for use. Directions for Justus C. W ard, labels for large containers. use are required on the labeling of eco Director, Pesticides Regulation nomic poisons whenever they are neces Division, Agricultural Re (a ) Requirements of the Act. Th e search Service. act and the regulations require labels on sary to protect the public. all containers of economic poisons which (1> Detailed directions for use as pre [F.R. Doc. 65-7631; Piled, July 19, 1965; come within the scope of the act. There scribed in Interpretation 7 (Rev. 1) will 8:49 a.m.] is no exemption in the case of large con be required on the labeling of all eco nomic poisons for which the composition, tainers such as tank cars, tank trucks, Chapter IX— Consumer and Market or drums. Therefore, all such contain methods of use, possible hazards in ers must be labeled. volved, and effectiveness for economic ing Service (Marketing Agreements (b ) Where label must appear. (1 ) poison purposes are not well known. and Orders; Fruits, Vegetables, Labels for economic poisons in tank cars, Such directions for use may appear on Tree Nuts), Department of Agricul may be attached to the panel borne by the label or on other printed matter ture such cars fo r the purpose o f attaching which is delivered to the user with the tLemon Reg. 169, Arndt. 1] notices, or they may be placed directly economic poison or otherwise accom on any conspicuous part of the tank panies the economic poison. PART 910— LEMONS GROWN IN where they can be easily read. (2) Detailed directions for use may be CALIFORNIA AND ARIZONA (2) Labels for economic poisons In omitted from the labeling of well known tank trucks may be placed at any con economic poisons which are sold in con Limitation of Handling tainers of 100 pounds or more of a solid spicuous place on the tank • however, Findings. 1. Pursuant to the market when a tank truck is used only to deliver intended primarily for use undiluted, 50 pounds or more of a solid intended pri ing agreement, as amended, and Order economic poisons to the user and the No. 910, as amended (7 CFR Part 910), tank does not remain in the user’s cus marily for use after dilution, 55 gallons or more of a liquid intended primarily regulating the handling of lemons grown tody, a label attached to the tank would in California and Arizona, effective under not be informative to the user. In such for use undiluted, or 20 gallons or more of a liquid intended primarily for use the applicable provisions of the Agricul cases, the label m ay be attached to the tural Marketing Agreement Act of 1937, delivery sheet which is carried by the a fter dilution: Provided: (i) There is readily available general as amended (7 U.S.C. 601-674), and driver of the truck and left with the user Upon the basis of the recommendation at the time of delivery. knowledge of the composition, methods and information submitted by the Lemon (3) Labels for economic poisons in of use, and effectiveness of the product Administrative Committee, established drums may^ consist o f printed labels for economic poison purposes; (ii) Option 1 of the ingredient state under the said amended marketing securely attached to the drums or labels agreement and order, and upon other inay be stenciled on the drums. In ment is followed; and available information, it is hereby found either case labels must be clearly legible (iii) In the Opinion of the Director, and easy to read. such directions are not necessary for the that the limitation of handling of such lemons, as hereinafter provided, will tend (c ) Contents of label. The following protection of the public. (e ) Acceptable type&pf labeling. Th e to effectuate the declared policy of the information must appear on the label: act. (1) The name of the product. This following are examples of acceptable labels for two well known economic 2. It is hereby further found that it must be the name under which it is is impracticable and contrary to the registered with the U.S. Department of poisons. Agriculture. (1) For creosote oil, free of water orpublic interest to give preliminary notice, engage in public rule making pro (2) The name and address of the free carbon. cedure, and postpone the effective date manufacturer, registrant, or person for Creosote Oil of this amendment until 30 days after whom manufactured., Active Ingredient 100% publication hereof in the F ederal R egis .-JP Tf the name is other than that of John Doe an$L£ompany ter (5 U.S.C. 1001-1011) because the the manufacturer, the label should in Washington, D.C. time intervening between the date when dicate this fact. Net contents 55 gallons information upon which this amendment (ii) If the name is not that of the USDA Reg. No. xxx-xx is based became available and the time primary registrant, it must be the name Caution : Avoid prolonged or repeated con when this amendment must become or some other person or firm which has tact with the skin or breathing of the vapors. effective in order to effectuate the de been added by a supplemental registra Keep out of reach of children. clared policy of the act is insufficient,
9051 9052 RULES AND REGULATIONS and this amendment relieves restriction the availability of information on the to meet such applicable size require on the handling o f lemons grown in Cali demand for such fruit; the recommenda ment. fornia and Arizona. tions and supporting information for (4) Terms used in the amended mar Order, as amended. The provisions in regulation of lime shipments subsequent keting agreement and order shall, when paragraph (b) (1) (ii) of § 9X0.469 to July 18, 1965, and in the manner used herein, have the same meaning as (Lem on R egulation 169,30 F R . 8747) are herein provided, were promptly sub is given to the respective term in said hereby amended to read as follows: mitted to the Department after an open amended marketing agreement and or meeting of the Florida Lime Administra der; and terms relating to grade and § 910.469 Lemon Regulation 169. tive Committee on July 14, 1965, held to diameter, as used herein, shall have the * * * * * consider recommendations for regula same meaning as is given to the respec (b ) Order. (1 ) * * * tion; the provisions of this section are tive term in the U.S. Standards for (ii) District 2; 358,050 cartons. identical with the aforesaid recom Persian (Tahiti) limes (§§ 51.1000- * * * * * mendations of the committee, and in 51.1016 of this title ). (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. formation concerning such provisions (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. 601-674) has been disseminated among handlers 601-674) of Florida limes; it is necessary, in order ' Dated: July 15,1965. to effectuate the declared policy of the Dated : July 16,1965. P a u l A . N ic h o l s o n , act, to make this section effective as here F l o y d F . H e d l u n d , Deputy Director, Fruit and inafter set forth; and compliance with Director, Fruit and Vegetable Vegetable Division, Consumer this section will not require any special Division, Consumer and Mar and Marketing Service. preparation on the part of the persons keting Service. subject thereto which cannot be com [F.R. Doc. 65-7632; Filed, July 19, 1965; [FJR. Doc. 65-7687; Filed, July 19, 1965; pleted by the effective time hereof. 8:50 a.m.] 8:49 a.m.] (b ) Order. (1) Lime Regulation 19 (30 FR . 7647) is hereby terminated at [Lime Reg. 20] 12:01 a.m., e.s.t., July 19,1965. [Avocado Order 7, Amdt. 2] (2) During the period beginning at PART 911— LIMES GROWN IN 12:01 a.m., e.s.t., July 19,1965, and end PART 915— AVOCADOS GROWN IN FLORIDA ing at 12:01 a.m., es.t., April 1, 1966, no SOUTH FLORIDA Quality and Size Regulation handler shall handle;/ Limitation of Shipments (i) Any limes of the group known as § 911.322 Lime Regulation 20. true limes (also known as Mexican, West (a ) Findings. (1) Pursuant to the Indian, and Key limes and by other marketing agreement, as amended, and (a ) Findings. (1) Pursuant to the Order No. 915, as amended (7 CFR Part marketing agreement, as amended, and synonyms), grown in the production area, which do not meet the require 915), regulating the handling of avo O rder No. 911, as amended (7 CFR P a rt cados grown in south Florida, effective 911), regulating the handling of limes ments of at least U.S. No. 2 grade for Persian {Tahiti) limes, except as to under the applicable provisions of the grown in Florida, effective under the ap Agricultural Marketing Agreement Act plicable provisions of the Agricultural color; (ii) Any limes of the group known as o f 1937, as amended (7 UJ3.C. 601-674), Marketing Agreement Act of 1937, as and upon the basis of the recommenda amended (7 U.S.C. 601-674) , and upon large fruited or Persian limes (including Tahiti, Bearss, apd similar varieties), tions of the Avocado Administrative the basis of the recommendations of the Committee, established under the afore Florida Lime Administrative Committee, grown In the production area, which do not grade at least U.S. Combination, said m arketing agreem ent and order, and established under the aforesaid amended upon other available information, it is marketing agreement and order, and Mixed Color, with not less than 60 per cent, by count, of such limes in each hereby found that the limitation of upon other available information, it is handling of avocados, as hereinaftér pro hereby found that the limitation of han container thereof grading at least U.S. vided, w ill tend to effectuate the declared dling of limes, as hereinafter provided, No. 1, Mixed Color, and the remainder will tend to effectuate the declared policy thereof grading atleastU.S.No. 2,Mixed policy o f the act. (2) It is hereby further found that o f the act. C olor; or (2) It is hereby further found that it (iii) Any limes of the group known as it is impracticable, unnecessary, and con is impracticable and contrary to the large fruited or Persian limes (including trary to the public interest to give pre public interest to give preliminary notice, Tahiti, Bearss, and similar varieties) liminary notice, engage in public rule engage in public rule making procedure, which are of a size smaller than 1% making procedure, and postpone the and postpone the effective date of this inches in diameter: Provided, That such effective date of this amendment until 30 days after publication thereof in the section until 30 days after publication limes which are of a size smaller than F ederal R e g ister (5 U.S.C. 1001-1011) in th ereof in the F ederal R egister (5 U.S.C. 1% inches in diameter but not of a size 1001-1011) in that, as hereinafter set smaller than 1% inches in diameter may that the time intervening between the forth, the time intervening between the be handled if such smaller limes have date when information upon which this amendment is based became available date when information upon which this an average juice content of at least 50 section is based became available and the percent, by volume, are in one of the and the tim e when this amendment must time when this section must become ef containers specified in paragraph (b) (1) become effective, as hereinafter set forth, fective in order to effectuate th e declared (i) and (iii> of § 911.310 (Lime Regula in order to effectuate the declared policy policy of the act is insufficient ; a reason tion 8, as amended; 29 F.R . 8461, 30 F R . o f the act is insufficient; and this amend able time is permitted, under the circum 2521), and contain the applicable quan ment relieves restrictions on the han stances, fo r preparation fo r such effective tity of limes prescribed for such con dling of certain varieties of avocados. time; and good cause exists for making tainers. (b) It is, therefore, ordered that the the provisions hereof effective not later (3) Notwithstanding the provisions of provisions of paragraph (b) of § 915.307 (30 F.R . 7240; 7893) are hereby further than July 19, 1965. Shipments of Flor subdivision (iii) of subparagraph (2), not to exceed 10 percent, by count, of the amended by revising in Table I, certain ida limes are currently regulated pursu dates and minimum weights and ant to Lime Regulation 19 (30 F.R. 7647) limes in any lot of containers may fail diameters applicable to the Arue, Dr. and are subject thereunder to quality and to meet the applicable minimum size re Dupuis No. 2, Hardee, Pollock, Sim- size restrictions; determinations as to the quirement: Provided, That no individual monds, and Nadir varieties of-avocados, need for, and extent of, continued regu container of limes having a net weight of so that after such revision the portion lation of Florida lime shipments must more than 3 pounds may have more than of such Table I relating to such varieties await the development of the crop and 15 percent, by count, of limes which fail reads as follow s: Tuesday, July 20, 1965 FEDERAL REGISTER 9053
without prior inspection and certifica Variety Date Minimum weight Date Minimum weight Date Minimum weight Date or diameter or diameter or diameter tion. Notwithstanding that shipments may be made without inspection and cer (1) > (2) (3) (4) (6) (© (7) (8) tification, each shipper shall comply with all grade and size regulations applicable 7- 6-65 14 oz. 3?4e in___ 7-26-66 to the respective shipment. Dr. Dupuis 7-19-66 10 oz.______7-26-65 No. 2. (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. 7-12-66 13 oz. 394« in.... 7- 10 19-66oz....____... 7-26-65 601-674) 7-19-65 16 oz. 354# in.... 8- 2-66 7-19-65 14 oz. 3J4« in.... 8- 2-66 D ated: July 16,1965. 7-19-66 10 oz______8-16-66 8-23-66 F l o y d F. H e d l u n d , (c) The provisions of this amendment znittee until the date hereinafter set Director, Fruit and Vegetable shall become effective a t 12:01 a.m., e.s.t., forth on which an open meeting was Division, Consumer and M ar July 19, 1965. held, after giving due notice thereof, to keting Service. (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C, consider the need for, and the extent of, [F.R. Doc. 65-7689; Filed, July 19, 1965; 601-674) . regulation of shipments of such plums. 8:50 a.m.] Interested persons were afforded an op Dated: July 16,1965^ portunity to submit information and [Plum Order 15] F l o y d F . H edlttnd, views at this meeting; the recommenda Director, Fruit and Vegetable tion and supporting information for reg PART 917— FRESH BARTLETT PEARS, Division, Consumer and Mar ulation during the period specified herein PLUMS, AND ELBERTA PEACHES keting Service. were promptly submitted to the Depart GROWN IN CALIFORNIA [P.B. Doc. 65-7688; Filed, July 19, 1965; ment after such meeting was held; ship 8:50 a.m.] ments of the current crop of such plums Regulation by Grade and Size are expected to begin on or about the §917.369 Plum Order 15 (Kelsey). effective date hereof ; this section should (Plum Order 14] be applicable to all such shipments in (a ) Findings. (1) Pursuant to the marketing agreement, as amended, and PART 917— FRESH BARTLETT PEARS, order to effectuate the declared policy of the act; the provisions of this section this part (Order No. 917, as amended), PLUMS, AND ELBERTA PEACHES are identical with the aforesaid recom regulating the handling of fresh Bartlett GROWN IN CALIFORNIA mendation of the committee; and infor pears, plums, and Elberta peaches grown Regulation by Site mation concerning such provisions and in the State of California, effective under effective thne has been disseminated the applicable provisions of the Agricul § 917.368 P lu m " O r d e r 14 (Arrosa, among handlers of such plums and com tural Marketing Agreement Act of 1937, Simca Rosa, and New Yorker). pliance with the provisions of this sec as amended (7 U.S.C. 601-674), and upon (a ) Findings. (1) Pursuant to the tion will not require of handlers any the basis of the recommendations of the marketing agreement, as amended, and preparation therefor which cannot be Plum Commodity Committee, established under the aforesaid amended marketing this part (O rder No. 917, as am ended), completed by the effective time hereof. agreement and order, and upon other regulating the handling of fresh Bartlett Such committee meeting was held on available information, it is hereby found pears, plums, and Elberta peaches grown July 13,1965. that the limitation of shipments of plums in the State of California, effective under (b ) Order. (1) During the period beginning at 12:01 a.m., P.s.t., July 18, of the variety hereinafter set forth, and the applicable provisions of the Agricul in the manner herein provided, will tend tural Marketing Agreement Act of 1937, 1965, and ending at 12:01 a.m., P.s.t., November 1, 1965, no shipper shall ship to effectuate the declared policy of the as amended (7 U.S.C. 601-674), and upon act. the basis o f the recommendations o f the any package or container of Arrosa, Sim ca Rosa, o r New York er plums unless : (2) It is hereby further found that it Plum Commodity Comm ittee, established is impracticable, unnecessary, and con under the aforesaid amended marketing (1) Such plums are o f a size that, when packed in a standard basket, they will trary to the public interest to give pre agreement and order, and upon other liminary notice, engage in public rule- available information, it is hereby found pack at. least a 4 x 4 standard pack; and (ii) The diameters of thé smallest and making procedure, and postpone the that the limitation of shipments of plums effective date of this section until 30 days of the varieties hereinafter set forth, and largest plums in such package or con after publication théreof in the F ederal in the manner herein provided, will tend tainer do not vary more than one-fourth R eg ister (5 U.S.C. 1001-1011) in that, to effectuate the declared policy of the (Î4) inch: Provided, That a total of not act. more than five (5) percent, by count, as hereinafter set forth, the time inter of the plums in the package or container vening between the date when informa (2) It is hereby further found that it is tion upon which this section is based be impracticable, unnecessary, and contrary may fail to meet this requirement. (2) When used herein, “standard came available and the time when this to the public interest to give preliminary section must become effective in order notice, engage in public rule-making pack” shall have the same meaning,as set forth in the revised United States to effectuate the declared policy of the procedure, and postpone the effective act is insufficient; a reasonable time is date of this section until 30 days after Standards for Plums and Prunes (Fresh) (§§ 51.1520-51.1537 o f this title ) ; “ stand permitted, under the circumstances, for publication thereof in the F ederal R eg preparation for such effective time ; and ister (5 U.S.C. 1001-1011) in that, as ard basket” shall mean the standard basket set forth in paragraph 1 of sec good cause exists for making the pro hereinafter set forth, the time interven visions hereof effective not later than ing between the date when information tion 828.1 of the Agricultural Code of California; “diameter” shall mean the the date hereinafter specified. A rea upon which this section is based became sonable determination as to the supply available and the time when this section distance through the widest portion of the cross section o f a plum at righ t angles of, and the demand for, such plums must must become effective in order to effectu await the development of the crop ate the declared policy of the act is in to a line running from the stem to the blossom end; and, except as otherwise thereof, and adequate information sufficient; a reasonable time is permitted, thereon was not available to the Plum under the circumstances, for prepara specified, all other terms shall have the tion for such effective time; and good same meaning as when used in the Commodity Committee until the date cause exists fo r making the provisions amended marketing agreement and hereinafter set forth on which an open hereof effective not later than the date order. meeting was held, after giving due notice hereinafter specified. A reasonable de (3) Section 917.143 sets forth the re thereof, to consider the need for, and the termination as to the supply of, and the quirements with respect to the inspection extent of, regulation of shipments of demand for, such plums must await the and certification of shipments of fruit such plums. Interested persons were development of the crop thereof, and covered by this section. Such section afforded an opportunity to submit in adequate information thereon was not also prescribes the conditions which must formation and views at this meeting; available to the Plum Commodity Com- be met if any shipment is to be made the recommendation and supporting in- No. 138------2 9054 RULES AND REGULATIONS formation for regulation during the pe D ated: July 16,1965. policy of the act; the provisions of this riod specified herein were promptly sub section are identical with the aforesaid F l o y d F . H e d l u n d , mitted to the Department after such Director, Fruit and Vegetable recommendation of the committee; and meeting was held; shipments of the cur Division, Consumer and Mar information concerning such provisions rent crop of such plums are expected keting Service. and effective time has been disseminated to begin on or about the effective date among handlers of such plums and com hereof; this section should be appli [F.R. Doc. 65-7690; Filed, July 19, 1965; pliance with the provisions of this sec cable to all such shipments in order to 8:50 a.m.] tion will not require of handlers any effectuate the declared policy of the act; preparation therefor which cannot be the provisions of this section are identi [Plum Order 16] completed by the effective time hereof. cal with the aforesaid recommendation Such committee meeting was held on of the committee; and information con PART 917— FRESH BARTLETT PEARS, July 13,1965. cerning such provisions and effective PLUMS, AND ELBERTA PEACHES (b ) Order. (1) During the period be time has been disseminated among han GROWN IN CALIFORNIA ginning at 12:01 a.m., P.s.t., July 18, dlers of such plums and compliance with 1965, and ending at 12:01 a.m., P.s.t., the provisions of this section will not re Regulation by Size Novem ber 1, 1965, no shipper shall ship quire of handlers any preparation there § 917.370 Plum Order 16 (Emily, Pres any package or container of Emily, for which cannot be completed by the ident, Late Duarte). President, or Late Duarte plums, unless: effective time hereof. Such committee (1) Such plums are o f a size that, when m eeting was held on July 13,1965. (a ) Findings. (1) Pursuant to thepacked in a standard basket, they win (b ) Order. (1) The provisions ofmarketing agreement, , as amended, and pack at least a 4 x 5 standard pack; and § 917.335 (Plum Order 1; 30 F.R. 6903) this part (Order No. 917, as amended), (ii) The diameters of the smallest shall not apply to Kelsey plums during regulating the handling of fresh Bartlett and largest plums in such package or the period specified in subparagraph (2) pears, plums, and Elberta peaches grown container do not vary more than one- o f this paragraph. in the State of California, effective under fourth (% ) inch: Provided, That a total (2) During the period beginning at the applicable provisions of the Agricul of not more than five (5) percent, by 12:01 a.m., P.s.t., July 18,1965, and end tural Marketing Agreement Act of 1937, count, of the plums in the package or in g a t 12:01 a jn ., P.s.t., Novem ber 1,1965, as amended (7 U.S.C. 601-674), and upon container may fail to meet this re no shipper shall ship any package or con the basis of the recommendations of the quirement. tainer of Kelsey plums, unless : Plum Commodity Committee, established (2) When used herein, “standard (i) Such plums grade at least U.S. under the aforesaid amended marketing pack” shall have the same meaning as No. 1, except that a total tolerance of agreement and order, and upon other set forth in the revised United States ten (10) percent for defects not consid available information, it is hereby found Standards for Plums and Prunes (Fresh) ered serious damage is permitted in ad that the limitation of shipments of plums (§§ 51.1520-51.1537 o f this t it le ); "stand dition to the tolerances permitted by of the varieties hereinafter set forth, and ard basket” shall mean the standard such grade; in the manner herein provided, will tend basket set forth in paragraph 1 of sec (ii) Such plums are of a size that, to effectuate the declared policy of the tion 828.1 of the Agricultural Code of when packed in a standard basket, they act. California; “diameter” shall mean the will pack at least a 4 x 4 standard pack; (2) It is hereby further found that distance through the widest portion of and it is impracticable, unnecessary, and con the cross section of a plum at right (iii) The diameters of the smallest trary to the public interest to give pre angles to a line running from the stem and largest plums in such package or liminary notice, engage in public rule to the blossom end; and, except as container do not vary more than one- making procedure, and postpone the ef otherwise specified, all other terms shall fourth (% ) inch: Provided, That a total fective date of this section until 30 days have the same meaning as when used in of not more than five (5) percent, by after publication thereof in the F ederal the amended m arketing agreement and count, of the plums in the package or R egister (5 U.S.C. 1001-1011) in that, order. container may fail to meet this require as hereinafter set forth, the time inter (3) Section 917.143 sets forth the re ment. vening between the date when informa quirements with respect to the inspection (3) When used herein, “Ü.S. No. 1,” tion upon which this section is based and certification of shipments of fruit ‘‘standard pack/’ and “serious damage” became available and the time when this covered by this section. Such section shall have the same meaning as set forth section must become effective in order also prescribes the conditions which in the revised United States Standards to effectuate the declared policy of the must be met if any shipment is to be for Plums and Prunes (Fresh) (§§51.- act is insufficient; a reasonable time is made without prior inspection and certi 1520-51.1537 o f this t it le );' “ standard permitted, under the circumstances, for fication. Notwithstanding that ship basket” shall mean the standard basket preparation for such effective time; and ments may be made without inspection set forth in paragraph 1 of section 828.1 good cause exists for making the pro and certification, each shipper shall of the Agricultural Code of California; visions hereof effective not later than comply with all grade and size regula “diameter” shall mean the distance the date hereinafter specified. A reason tions applicable to the respective ship through the widest portion of the cross able determination as to the supply of, ment. section o f a plum at righ t angles to a line and the demand for, such plums must (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. running from the stem to the blossom await the development of the crop there 601-674) end; and, except as otherwise specified, of, and adequate Information thereon all other terms shall have the same was not available to the Plum Commod D ated: July 16y 1965. meaning as when used in the amended ity Committee until the date hereinafter F l o y d F. H e d lu n d , m arketing agreem ent and order. set forth on which an open meeting was Director, Fruit and Vegetable (4) Section 917.143 sets forth the re held, after giving due notice thereof, to Division, Consumer and Mar quirements with respect to the inspec consider the need for, and the extent of, keting Service. regulation of shipments of such plums. tion and certification of shipments of [F.R. Doc. 65-7691; Filed, July 19, 1965; fruit covered by this section. Such sec Interested persons were afforded an op 8:50 a.m.] tion also prescribes the conditions which portunity to submit information and must be met if any shipment is to be views at this meeting; the recommenda made without prior inspection and cer tion and supporting information for reg PART 922— APRICOTS GROWN IN tification. Notwithstanding that ship ulation during the period specified here DESIGNATED COUNTIES IN WASH in were promptly submitted to the De ments may be made without inspection INGTON and certification, each shipper shall com partment after such meeting was held; shipments of the current crop of such Expenses and Rate of Assessment ply with all grade and size regulations plums are expected to begin on or about applicable to the respective shipment. the effective date hereof; this section On July 3, 1965, notice of rule making (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. should be applicable to all such ship was published in the F ederal R egister 601-674) ments in order to effectuate the declared (30 F.R. 8525) regarding proposed ex- Tuesday, July 20, 1965 FEDERAL REGISTER 905& penses and the related rate of assessment (b) Section 121.3-9 (b) of Part 121 for the period beginning April 1, 1965, “Sales of Government-owned Timber”. Title 16-COMMERCIAL and ending March 31, 1966, pursuant to Any concern which self-certifies as a the marketing agreement, as amended, small business concern for the purpose PRACTICES and Order No. 922, as amended (7 CF!R of the sale of Government-owned tim Part 922) , regulating the handling of ber is expected to maintain sufficient Chapter I— Federal Trade Commission apricots grown in designated counties in documentary evidence to show that it PART 214— HEARING AID INDUSTRY Washington. This regulatory program did so in good faith. This means that a is effective under the Agricultural concern which sells more than 30 per Trade Practice Rules cent of the purchased timber will have Marketing Agreement Act of 1937, as Due proceedings having been held amended <7 U.S.C. 601-674). After con to maintain the names and addresses of the concerns to whom the timber is sold under the trade practice conference pro sideration of all relevant matters pre cedure in pursuance of the Act of Con sented, including the proposals set forth and the size status of such concerns, un less an exemption has been granted on gress approved September 26, 1914, as in such notice which were submitted by amended (Federal Trade Commission the Washington Apricot Marketing Com-» sales of mixed stumpage of hardwood and softwood species. Further, if the A ct), and other provisions of law admin mittee (established pursuant to said istered by the Commission : timber purchased is not to be resold in marketing agreement and order), it is I t is now ordered, That the trade prac hereby found and determined that: the form of saw logs, but is to be manu factured into lumber and timber by a tice rules as hereinafter set forth, which § 922.204 Expenses and rate o f assess concern other than the bidder, the bid have been approved-by the Commission ment. der must maintain records to show the in this proceeding, be promulgated as of (a ) Expenses. Expenses that are name, address and size status of the July 20,1965. reasonable and likely to be incurred by concern manufacturing the timber into Statement by the Commission. Trade the Washington Apricot Marketing Com lumber or timbers. practice rules for the Hearing Aid Indus mittee during the period April 1, 1965, try as hereinafter set forth are promul Effective date: April 29, 1965. through March 31, 19667will amount to gated by the Federal Trade Commission under the trade practice conference pro $4,110. E u g e n e P. F o l e y , (b) Rate of assessment. The rate of Administrator. cedure. Such rules constitute a revision assessment fo r said period, payable by and extension of the rules for this in [F.R. Doc. 65-7591; Filed, July 19, 1965; dustry as promulgated by the Commis each handler in accordance w ith § 922.41, 8:45 am .] is fixed at $0.80 per ton o f apricots. sion on August 7, 1953, and supersede the 1953 rules. It is hereby further found that good The rules are directed to the preven cause exists for not postponing the ef tion and elimination of various unfair fective date hereof until 30 days after Title 14— AERONAUTICS AND practices deemed to be violative of laws publication in the F ederal R egister (5 administered by the Commission. They U.S.C. 1001-1011) in th at (1 ) shipments SPACE are to be applied to such end and to the of the current crop of apricots grown Chapter I— Federal Aviation Agency exclusion of any acts or practices which in the designated counties in Washing suppress competition or otherwise re ton are now being made; (2) the relevant [Airspace Docket No. 65-SO-22] strain trade. provisions of said marketing agreement PART 73— SPECIAL USE AIRSPACE The industry for which these rules are and this part require that the rate of established is composed of persons, firms, assessment herein fixed shall be appli Alteration of Restricted Area corporations, and organizations engaged cable to all assessable apricots handled The purpose of this amendment to in the manufacture, distribution, or sale during the aforesaid period; and (3) such Part 73 of the Federal Aviation Regula of instruments or devices designed for or period began on A p ril 1, 1965, and said tions Js to change the using agency of represented as aiding, improving, or cor rate o f assessment w ill autom atically ap Restricted A rea R-2902 at Banana R iver, recting defective hearing, and parts and ply to all such apricots beginning with Fla. accessories therefor. such date. The U.S. Air Force has submitted a re Proceedings to revise the existing trade (Sees. 1-19, 48 Stat. 31, as amended; 7 U.S.C. quest to change the using agency of practice rules for the Hearing Aid In 601-674) R-2902 to “Commander, Air Force dustry as promulgated August 7, 1953, were instituted upon application of the Dated: July 14,1965. Eastern Test Range, Patrick AFB, Fla.” Since this amendment is editorial in manufacturers and dealers in industry P a u l A . N ic h o l s o n , nature, action is taken herein to effect products. Drafts of proposed revised and Deputy Director, Fruit and Veg the change and notice and public proce extended rules were published by the etable Division, Consumer dure hereon are unnecessary. Since the Commission and made available to all in and Marketing Serivce. using agency has, in fact, already been dustry members and other interested or [P-R. Doc. 65-7606; Filed, July 19, 1965; changed, this amendment may become affected parties upon public notices 8:46 &.m.] effective on less than 30 days’ notice. whereby they were afforded opportunity In consideration of the foregoing. Part to present their views, suggestions, ob 73 of the Federal Aviation Regulations is jections, or amendments respecting the amended, effective immediately, as rules, and to be heard in the premises. Title 13— BUSINESS CREDIT hereinafter set forth. Pursuant to public notice, a hearing was In § 73.29 (29 F.R. 17739), Restricted held in New York, N.Y., on April 29,1965, AND ASSISTANCE Area R-2902 at Banana River, Fla., is and all matters there presented, or other amended by deleting “Using agency. wise received in the proceedings, were Chapter I— Small Business Commander, Air Force Missile . Test duly considered by the Commission. Administration Center, Patrick AFB, Fla.” and substitut Following suCh hearing and upon full consideration of the entire matter, final [Interpretation 2 of Revision 5] ing therefor “Using agency. Com mander, Air Force Eastern Test Range, action was taken by the Commission PART 121— SMALL BUSINESS SIZE Patrick AFB, Fla.” whereby it approved the rules hereinafter set forth . STANDARDS (Sec. 307(a) Federal Aviation Act of 1958, 49 U.S.C. 1348) . Such rules become operative thirty Interpretation of “Sales of Govern (30) days from the date of promulgation. ment-Owned Timber” Issued in Washington, D.C., on July The rules. These rules prom ulgated by 13,1965. the Commission are designated to foster Section 121.3-14 o f P a rt 121 is hereby C liffo r d P . B u r t o n , and promote the maintenance of fair amended by adding Interpretation 2 Acting Director, thereto, which reads as follows: competitive conditions in the interest of Air Traffic Service. protecting industry, trade, and the public. § 121.3-14 Interpretations. [ F A Doc. 65-7594; Filed, July 19, 1965; It is to this end, and to the exclusion of * * * * * 8:45 a.m.]: any act or practice which fixes or con- 9056 RULES AND REGULATIONS trols prices through combination or composition, dimensions, type, design, offered as advertised and at the ad agreement, or which unreasonably re development, visibility, durability, per vertised price. strains trade or suppresses competition, formance, fit, appearance, efficacy, bene Note: In determining whether there has or otherwise unlawfully injures, destroys, fits, cost of operation, resistance to been a violation of this section, considera or prevents competition, that the rules climatic conditions, or physiological tion will be given to acts or practices indicat are to be applied. benefits of any industry product, or the ing that the offer was not made in good psychological well-being induced by an faith for the purpose of seUing the advertised Sec. industry product; or product, but was made for the purpose of 214.0 Definitions. contacting prospective purchasers and selling 214.1 Misrepresentation in general. (b) With respect to any service or ad them a product or products other than the 214.2 Guarantees, warranties, etc. justment offered, promised, or to be sup product offered. Among acts or practices 214.3 Bait advertising. plied to purchasers of any industry which wiU be considered in making that 214.4 Misrepresentation of earnings of product; or determination are the following: salesmen or agents. (c) With respect to the manufacture, 1. The creation, through the initial offer 214.5 Misrepresentation as to character of distribution, or marketing of any indus or advertisement, of a false impression of business, etc. try product; or the product offered in any. material respect; 214.6 Deception as to benefit of services or 2. The refusal to show, demonstrate, or advice of a physician, etc. (d) With respect to the scientific or sell the product offered in accordance with 214.7 Deception as to visibility, construc technical knowledge, training, experi the terms of the offer; tion, etc. ence, or other qualifications of an indus 3. The disparagement, by acts or words, 214.8 Deception as to availability of suit try member, or of any of his employees, of the product offered, or the disparagement able batteries. relating to the selection, fitting, adjust of the guarantee, credit terms, availability 214.9 Deception respecting novelty of ment, maintenance, or repair of industry of service, repairs or parts, or in any other products. products; or respect, in connection with it; 214.10 Misrepresenting a commercial hear 4. The showing, demonstrating, and in ing aid establishment. (e) In any other material respect. the event of sale, the delivery, of a product 214.11 Deceptive advertising of hearing aid N ote: This section shall be construed as which is unusable or impractical for the parts, accessories or components. prohibiting the false advertisement of hear purpose represented or implied in the offer; 214.12 Misrepresenting installment sales ing aids or devices as the term “false adver 6. The refusal, in the event of sale of the contracts. tisement’’ is defined in section 15 of the product offered, to deliver such product to 214.13 Deceptive endorsements, testimo Federal Trade Commission Act. the buyer within reasonable time thereafter; nials, etc. 6. The failure to have available a quantity 214.14 Deception as to used or rebuilt [R u le 11 of the advertised product at the advertised products. § 214.2 Guarantees, warranties,-etc. price sufficient to meet reasonably anticipated 214.15 Deception respecting tests, accept demands. ance, or approval. (a) It is an unfair trade practice to It is not necessary that each act or prac 214.16 Defamation of competitors or false represent in advertising or otherwise tice set forth above be present in order to disparagement of their products. that a product is “guaranteed" without establish that a particular offer is violative 214.17 Deceptive use or imitation or simu of this section. lation of trade or corporate names, clear and conspicuous disclosure o f: trademarks, etc. (1) The nature and extent of the [R u le 33 guarantee, and 214.18 Procurement of competitor’s confi § 214.4 Misrepresentation o f earnings dential information. (2) Any material conditions or limi of salesmen or agents. 214.19 Unfair threats of infringement suits. tations in the guarantee which are im 214.20 Inducing breath of contract. posed by the guarantor, and It is an unfair trade practice for any 214.21 Commercial bribery. (3) The manner in which the guar industry member to make or publish, or 214.22 Prohibited forms of trade restraints antor will perform thereunder, and cause to be made or published, any ad (unlawful price fixing, etc.). vertisement, offer, statement, or other 214.23 Arrangements to exclude sale of com (4) The identity of the guarantor. petitors’ products. (The necessary disclosure requires that form of representation, which directly or 214.24 Aiding or abetting use of unfair any guarantee made by the dealer or by implication is false, misleading or trade practices. vendor, which is not backed up by the deceptive: manufacturer, must make it clear that (a ) Concerning the salary, commis A uthority : The provisions of this Part 214 issued under sec. 6, 38 Stat. 721; 15 U.S.G. the guarantee is offered by the dealer or sion, income, earnings, or other remu 46. Interpret or apply sec. 5, 38 Stat. 719, as vendor only.) neration which agents, canvassers, solici amended; 15 U.S.C. 45. (b) Representations that a product is tors, or sales representatives receive or “guaranteed for life” or has a “lifetime may receive; or § 214.0 Definitions. guarantee,” in addition to meeting the (b ) Concerning any conditions or con (a) “Industry products" consist of all above requirements, shall contain a con tingencies affecting such remuneration instruments and devices designed for or spicuous disclosure of the meaning of or the opportunities therefor. [Rule 43 represented as aiding, improving, or cor “life” or “lifetime” as used (whether that § 214.5 Misrepresentation as to charac recting defective hearing, and parts and of the purchaser, the product or other ter o f business, etc. accessories therefor. w ise). (b) “Industry members” are persons, (c) Guarantees shall not be used which It is an unfair trade practice for any firms, corporations, and organizations under normal conditions are impractical industry member falsely to represent, di engaged in the manufacture, distribu of fulfillment or which are for such a rectly or indirectly, through the use of tion, or sale of any industry products as period of time or are otherwise of such any word or term in his corporate or defined above. nature as to have the capacity and trade name, in his advertising or other tendency of misleading purchasers or wise: .. § 214.1 Misrepresentation in general. prospective purchasers into the belief (a ) T h a t he is a manufacturer of hear ing aids or devices, or o f batteries, parts, It is an unfair trade practice for any that the product so guaranteed has a industry member to use, or cause or pro or accessories therefor; or ' greater degree of serviceability, durabil (b) That he is the owner or operator mote the use of, any trade promotional ity, or performance capability in actual literature, advertising /matter, testi of a factory or producing company man monial, guarantee, warranty, mark, in use than is true in fact. ufacturing such products; or signia, depiction, brand, designation, or (d) This section has application not (c) That he owns or maintains a lab representation, however disseminated or only to “guarantees” but also to “war oratory devoted to hearing aid re published, which has the capacity and ranties,” to purported “guarantees” and search, testing, experimentation, or de tendency or effect of misleading or de “warranties,” and to any promise or rep velopment; or ceiving purchasers or prospective pur resentation in the nature of a “guar to misrepresent in any other material chasers, or of aiding, abetting, or caus antee” or “warranty.” [Rule 23 respect the character, extent, or type oi ing sales agents, dealers, distributors, or § 214.3 Bait advertising. his business. [Rule 5 3 other marketers to mislead or deceive the It is an unfair trade practice for an § 214.6 Deception as to benefit of serv purchasing or consuming public; ices or advice of a physician, etc. (a) With respect to the grade, qual industry member to offer for sale any in dustry product when the offer is not (a ) In connection w ith the s^ e ° r ity, quantity, origin, novelty, price, cost, offering for sale of industry products, terms of sale, use, construction, size, a bona fide effort to sell the product so Tuesday, July 20, 1965 FEDERAI REGISTER 9057 it is an unfair trade practice for any in is made that an ear moM or plastic tip is used, any type of advertising or promo dustry member to represent, directly or inserted in the ear if such is the faet. tional literature depicting or describing by implication, that the services or ad
cern, organization, group, or association tion, which has the capacity and tend § 214.22 Prohibited forms of trade re in such manner as reasonably to insure ency or effect of misleading or deceiving straints (unlawful price fixing, etc.).1 the quality and performance of the in purchasers or prospective purchasers as I t is an u nfair trade practice for any strument in relation to its intended usage to the name, nature, or origin of any member of the industry, either directly and the fulfillment of any material product of the industry, or of any ma or indirectly, to engage in any planned claims made, implied, or intended to be terial used therein, or which is false, de common course o f action, or to enter into supported by such representation or ceptive, or misleading in any other ma or take part in any understanding, agree insignia; or terial respect. [Rule 17] ment, combination, or conspiracy, with (b) To represent that a hearing aid or § 214.18 Procurement o f competitor’s one or more members of the industry, or device tested, accepted, or approved by with any other person or persons, to fix any individual, concern, organization, confidential information. It is an unfair trade practice for any or maintain the price of any goods or group, or association has been subjected otherwise unlawfully to restrain trade; to tests based on more severe standards industry member to obtain information concerning the business of a competitor or to use any form of threat, intimida of performance, workmanship, and tion, or coercion to induce any member quality than is in fact true; or by bribery of an employee or agent of of the industry or other person or per such competitor, by false or misleading (c) To make any other false, mislead sons to engage in any such planned com statements or representations, by the ing or deceptive representation respect mon course of action, or to become a impersonation of one in authority, or by ing the testing, acceptance, or approval part to any such understanding, agree of a hearing aid or device by any in any other unfair means, and to use the ment, combination, o r conspiracy. [Rule dividual, concern, organization, group, or information so obtained so as substan 22] association. tially to injure competition or unreason Note: Under this section, it is not neces ably restrain trade. [Rule 18] § 214.23 Arrangements to exclude sale o f competitors’ products. sary for each individual hearing aid or device § 214.19 Unfair threats o f infringement to he tested where the methodsemployed is a suits. It is an unfair trade practice for any sample testing and full and nondeceptive disclosure of this fact is given in all adver The circulation of threats of suit for member o f the industry to sell or con tising and otherwise. infringement of patents or trademarks tract for the sale of any industry prod ucts, whether patented or unpatented, [R u le 15] among customers or prospective cus tomers of competitors, not made in good fo r use or resale, or to fix a price charged § 214.16 Defamation of competitors or faith but for the purpose or with the therefor, or discount from , or rebate false disparagement of their prod effect of harassing or intimidating such upon, such price, on the condition, agree ucts. customers or prospective customers, or ment, or understanding that the pur chaser thereof shall not use or deal in (a) It is an unfair trade practice to of unduly hampering, injuring, or preju dicing com petitors in th eir business, is an new, used, or rebuilt products o f a com defame competitors by falsely imputing petitor or com petitors o f such industry to them dishonorable conduct, inability unfair trade practice. [Rule 19] member where the effect o f such sale or to perform contracts, questionable credit § 214.20 Inducing breach o f contract. contract fo r sale, or such condition, standing, or by other false representa (a) It is an unfair trade practice for agreement, or understanding, may be to tions, or falsely to disparage the products substantially lessen competition or tend of competitors in any respect, or their any industry member knowingly to in duce or attempt to induce the breach of to create a monopoly in any line of com business methods, selling prices, values, merce. [Rule 23] credit terms, policies, or services. existing lawful contracts between com petitors and their customers or between Note: The use of “bait” or “blind” adver § 214.24 Aiding or abetting use of un tisements as a means of accomplishing such competitors and their suppliers, or to fair trade practices. interfere with or obstruct the perform defamation or false disparagement is deemed It is an unfair trade practice for any to be within the prohibitions of this section. ance of any such contractual duties or services, under any circumstance hav person, firm or corporation to aid, abet, (b) Under this section, it is an unfair ing the capacity and tendency or effect coerce, or induce another, directly or in trade practice for an industry member: of substantially injuring or lessening directly, to use or prom ote the use of any (1) To display competitive products competition. u nfair trade practice prohibited by this in his show window, shop, or in his ad (b) Nothing in this section is intended part. [R u le 24] vertising in such manner as falsely to to imply that it is improper for any in disparage them ; or Promulgated by the Federal Trade dustry member to solicit the business of Commission July 20,1965. (2) To represent falsely that competi a customer of a competing industry mem tors are unreliable but that the dis ber; nor is the section to be construed as [ s e a l ] J o s e ph W. S hea, parager is not; or in anywise authorizing any agreement, Secretary. (3) To quote prices of competitive understanding, or planned common [F.R. Doc. 65-7563; Filed July 19, 1965; hearing aids or devices without disclos course of action by two or more industry 8:45 am .] ing that they are not the present current members not to solicit business from, or prices, or to show, demonstrate, or rep sell to, the customers of either of them, 1 The prohibitions of this section are sub- resent competitive models as being the or the customers of any other industry ect to Public Law 542, approved July 14, current models when such is not the fact. member. [Rule 20] .952, 66 Stat. 632 (the McGuire Act, com- [R u le 16] nonly referred to as the Fair Trade Amend- § 214.21 Commercial bribery. nent) which provides that with respect to § 214.17 Deceptive use or imitation or i commodity which bears, or the label or simulation of trade or corporate It is an unfair trade practice for an container of which bears, the trademark, names, trademarks, etc. industry member, directly or indirectly, >rand, or name of the producer or distributor to give, o r offer to give, or perm it or cause >f such commodity and which Is in free ana It is an unfair trade practice for any to be given, money or anything of value »pen competition with commodities of the industry member : to agents, employees, or representatives ame general class produced or distributed (a) TO imitate or simulate the trade of customers or prospective customers, >y others, a seller of such a commodity may marks, trade names, brands, or labels of or to agents, employees, or representa ¡nter into a contract or agreement with a competitors, with the capacity and tend myer thereof which establishes a minimum tives of competitors’ customers or pro >r stipulated price at which such commodity ency or effect of misleading or deceiving spective customers, without the knowl purchasers or prospective purchasers; or nay be resold by such buyer when such con- edge of their employers or principals, as ract or agreement is lawful as applied to in- (b ) T o use in his advertising the name, an inducement to influence their em rastate transactions under the laws of the model name, or tradem ark o f a particular ployers or principals to purchase or con Jtate, Territory, or territorial jurisdiction in manufacturer of hearing aids in such tract to purchase products sold or offered which the resale is to be made or to whic manner as to imply a relationship with he commodity is to be transported for sue for sale by such industry member, or to esale, and when such contract or agreemen the manufacturer that does not exist or influence such employers or principals otherwise to mislead or deceive pur s not between manufacturers, Qr between to refrain from dealing in the products wholesalers, or between brokers, or between chasers or prospective purchasers; or of competitors or from dealing or con actors, or between retailers, or between per' (c) To use any trade name, corporate tracting to deal with competitors. [Rule ►ns, firms, or corporations in competitio name, trademark, or other trade designa 21 ] Tuesday, July 20, 1965 FEDERAL REGISTER 9059
Participation by the employer or an tion of an offer to buy the securities 6f Title 17— COMMODITY AND affiliate will be considered to be suffi the employer company or an affiliate ciently limited, and will not require reg within tiie meaning of the Securities Act SECURITIES EXCHANGES istration, where all communications of a of 1933 and thus require registration of soliciting character are furnished by and such securities as well. Chapter II— Securities and Exchange in the name o f a broker or other agent o f Finally, reference is made to the pro Commission the employees, and if the employer com visions for civil liability and criminal [Release No. 33-4790] pany or an affiliate performs no more sanction for fraud in the sale of securi than the following functions: ties in sections 12(2) and 17 of the Secu PART 231 — INTERPRETATIVE RE 1. The employer company or an affili rities Act of 1933 and section 10(b), and LEASES RELATING TO THE SECURI ate announces the existence of the plan. Rule 10b-5 thereunder (17 CFR 240.10b- TIES ACT OF 1933 AND GENERAL 2. The employer company makes pay 5), of the Securities Exchange Act of RULES AND REGULATIONS THERE roll deductions at the request of em 1934, which are applicable to transac ployees for the purpose of participating tions in securities notwithstanding the UNDER in the plan. availability of exemption from registra Employee Stock Purchase Plans 3. The names and addresses of em tion. Consequently, it is anticipated ployees are made available to the broker that employee stock purchase plans not Questions frequently arise w ith respect or other agent for direct communica subject to registration will be limited to to the necessity for the registration tions by it to such employees regarding the securities of companies about which under the Securities A ct o f 1933 o f se the plan. This may take the form of information Is generally available. curities of the employer company or an addressing the communication to be sent by the broker or other agent, the Orval L. DuBois, affiliate1 purchased through an employee Secretary. stock purchase plan which is In substance inclusion of the broker’s communication the equivalent of a customer’s account with tiie announcement by the employer [ s e a l ] B y: N e l l y e A. T h o r s e n , with a broker for the purchase of shares company, or the holding of an initial Assistant Secretary. on the open market. A similar problem meeting of employees at the company’s J u l y 13,1965. may exist with respect to plans for the premises. purchase o f securities by persons who are 4. The employer company or an affili {F.R. Doc. 65-7596; Filed, July 19, 1965; not technically employees of the issuer ate pays no more than its expense of 8:46 am .] or an affiliate. O f course, where the em payroll deductions and the reasonable ployer or an affiliate directly or indirect fees and charges of the broker or other ly supplies the securities for purchase agent for brokerage commissions and by employees under the plan, the regis bookkeeping and custodial expenses. Title 22— FOREIGN RELATIONS tration provisions of section 5 of the Act Any deviation from these standards Chapter II—‘Agency for International would clearly be applicable absent an may require registration. Development, Department of State appropriate exemption. The Commission will from time to time The question presented is whether reassess the above standards to deter PART 202— OVERSEAS SHIPMENTS OF there is an “attempt or offer to dispose mine whether under these conditions SUPPLIES BY VOLUNTARY NON of, or solicitation of an offer to buy, a employees are in fact being solicited by PROFIT RELIEF AGENCIES security or interest in a security, for employer companies or affiliates to pur value,” as referred to in th e definition o f chase any of their securities. Shipments Eligible for Reimbursement “offer-for sale” in section 2(3) of the The plan participations, as a separate of Freight Charges Securities Act of 1933, by the issuer of security. The above discussion resup such security or underwriter for such poses that the plan involves m inim al A.I.D. Regulation 2 is amended as issuer or an affiliate. In accordance differences from the manner in which follow s: with long-established interpretation by securities are acquired in ordinary bro Section 202.2 is hereby amended to the Commission, a solicitation of an offer kerage transactions and that the rights read as follow s : to buy a security by or on behalf of an and obligations of the employee and. the § 202.2 Shipments eligible for reim issuer or an affiliate o f the issuer o f th a t broker will be consistent with the ordi bursement of freight charges. security is deemed to be subject to the nary broker-client relationship, which registration provisions of the Act not might include the leaving of the securi (a) In order to further the efficient withstanding that the securities are not ties in the custody of the broker or other use of United States voluntary contribu owned by the issuer or an affiliate but person performing the same custodial tions for relief in nations or areas desig are purchased on the exchange or the function. Where substantial variations nated by the Administrator of A.I.D. over-the-counter market by the desig exist, however, such as limitations on the from time to time, agencies may be reim nated agent for the account of partici right of the employee to withdraw from bursed by A.IX). within specified limita pating employees. the plan or to withdraw securities held tions for freight charges incurred and Solicitation of an offer to buy. Some in custody, the granting of management paid in transporting supplies donated Participation by the employer company discretion to someone other than the em to or purchased by such agencies from or an affiliate will exist in almost every ployee, the accumulation o f sums fo r m a United States ports or, in the case of such plan, but the nature and extent of terial periods of time before investment, excess or surplus property supplied by such participation varies substantially the payment of special fees or charges the United States, from foreign ports to m different plans. In some cases, there such as a front-end load, or the diminu initial foreign ports o f entry, or in the is sufficient participation by the em tion of his rights or privileges as a share casé of landlocked countries to points of ployer company or an affiliate to con holder, a separate security may be entry designated by the Committee. stitute a solicitation of an offer to buy, created which will be required to be reg (b) Shipments shall be eligible for so that registration is required under the istered under the Securities Act of 1933 reimbursement of freight charges only Act. A determination whether registra and the issuer of which may be an in where authorized by the issuance by n t11 Is requ*red» therefore, Will turn upon, vestment company required to register AJ.D. of a Procurement Authorization ™ * * ™ e and type of participation by under the Investment Company Act of (Form AID 11-2) . uck Persons in the particular program. 1940.2 Effective date: This amendment shall Furtherm ore, such plans commonly in become effective upon publication in the term “affiliate” Is used hereii volve such participation by the employer F ederal R e g ist e r . rnied^n Rule 405 <17 CFR 230.405), as 3 or an affiliate as to amount to a solicita- aSSiate’ of, or a person ‘affiliate D ated: July 9, 1965. Person, is a person that < 2 Provision in the plan fox reinvestment of W il l ia m S . G a u d , TT1A^fu^rectly through one or meat dividends on a voluntary basis, such, as is meuiaxies, controls, or is controlled i commonly provided in the Monthly Invest Deputy Administrator. . s^ffied ? ^ “ 011 COntro1 ***** the ment Plans of the New York Stock Exchange, ]F H . Doe. 65-7603; Filed, July 19, 1965; will not of itself create a separate security. 8:46 a.m.] 9060 RULES AND REGULATIONS
fire escapes; and other components relat term “elevator” means a cage or plat Title 26-INTERNAL REVENUE ing to the operation or maintenance of a form and its hoisting machinery for con building. However, the term “structural veying persons or freight to or from Chapter I— Internal Revenue Service, components” does not include machinery different levels and functionally related Department of the Treasyry the sole justification for the installation equipment which is essential to its op SUBCHAPTER A— INCOME TAX of which is the fact that such machinery eration. The term includes, for ex is required to meet temperature or hu ample, guide rails and cables, motors [TJX 6838] midity requirements which are essential and controllers, control panels and land pa r t 1— INCOME TAX; TAXABLE for the operation of other machinery or in g buttons, and elevator gates and doors, YEARS BEGINNING AFTER DECEM the processing of materials or foodstuffs. which are essential to the operation of BER 31, 1953 Machinery may meet the “sole justifica the elevator. The term “elevator” does tion” test provided by the preceding not, however, include a structure which Investment Credit P rovisions and sentence even though it incidentally pro is considered a building for purposes of Amendment of Depreciation Pro vides for the comfort of employees, or the investment credit. The term “esca visions serves, to an insubstantial degree, areas lator” means a moving staircase and where such temperature or humidity re functionally related equipment which is On November 6, 1964, notice of pro quirements are not essential. For ex essential to its operation. F o r purposes posed rule making with respect to the ample, an air conditioning and humidi of determining qualified investment amendment of the Income Tax Regula fication system installed in a tex tile plant under section 46(c) and § 1.46-3, the basis tions (26 CFR Part 1) under sections 48 in order to maintain the temperature or of an elevator or escalator does not in and 167(f) of the Internal Revenue Code humidity within a narrow optimum range clude the cost of any structural altera of 1954 to reflect the changes made by which is critical in processing particu tions to the building, such as the cost of section 2 of the Revenue Act of 1962 (76 lar types of yarn or cloth is not included constructing a shaft or of making altera Stat. 962) and to certain provision^ of within the term “structural compo tions to the floor, walls, or ceiling, even section 203 of the Revenue Act of 1964 nents”. For special rules with respect though such alterations may be neces (78 Stat. 33) was published in the F ed to an elevator or escalator, the construc sary in order to install or modernize the er al R eg ister (29 F.R. 15028). After tion, reconstruction, or erection of which elevator or escalator. consideration of all such relevant matter is completed by the taxpayer after June (3 ) Examples. The provisions of this as was presented by interested persons 30, 1963, or which is acquired after June paragraph may be illustrated by the fol regarding the rules proposed, the amend 30, 1963, and the origin al use o f which low ing examples: ment of the regulations as proposed is commences with the taxpayer and com mences after such date, see section 48 Example (1). If an elevator with a total hereby adopted, subject to the changes basis of $100,000 Is completed after June 30, set fo rth below: (a) (1) (C) and paragraph (m) of this 1963, and the portion attributable to con Paragraph (d) of § 1.48-7, as set forth section. struction by the taxpayer after December 31, in paragraph 3 of the notice of proposed * * * * * 1961, is determined by engineering estimates rule making, is changed by revising sub- (m ) (1 ) or by cost accounting records to be $30,000, Elevators and escalators— only the $30,000 portion may be taken into paragraph (1) and by adding example In general. Under section 48(a) (1) (C ), (5) to subparagraph (3). account as an Investment in new section 38 an elevator or escalator qualifies as sec property in computing qualified investment. [ s e a l ] S h e l d o n S. C o h e n , tion 38 property if— Example (2 ). If construction of an eleva Commissioner of Internal Revenue. (1) The construction, reconstruction, tor with a total basis of $90,000 is commenced or erection of the elevator or escalator by the taxpayer after December 31, 1961, and Approved: July 12,1965. is completed by the taxpayer after June is completed after June 30, 1963, the entire basis of $90,000 may be taken into account S t a n l e y S. S u r r e y , 30, 1963, or as an investment in new section 38 property. Assistant Secretary of the (ii) The elevator or escalator is ac Example (3 ). The facts are the same as in Treasury. quired after June 30,1963, and the origi example (2) except that construction of the In order to conform the Income Tax nal use of such elevator or escalator elevator was completed before June 30, 1963. Regulations (26 CFR Part 1) under sec commences with the taxpayer and com The elevator is not considered to be section mences after such date. 38 property. tions 48 and 167(f) of the Internal Rev Example (4). In 1964, a taxpayer recon enue Code of 1954 to certain provisions In'the case of construction, reconstruc ditions an elevator, which had been con of section 2 of the Revenue Act of 1962 tion, or erection of an elevator or esca structed and placed in service in 1962 and (76 Stat. 962) and to certain provisions lator commenced before January 1,1962, which had an adjusted basis in 1964 of $75,- of section 203 of the Revenue Act of 1964 and completed after June 30, 1963, there 000. The cost of reconditioning amounts to (78 Stat. 33), such regulations are shall be taken into account in deter an additional $50,000. The basis of the ele amended as follow s •; mining the qualified investment under vator which may be taken into account in computing qualified investment in section P aragraph 1. Section 1.48-1 is amend section 46(c) only that portion of the 38 property is $50,000, irrespective of whether ed by revising subparagraph (2) of basis which is properly attributable to the taxpayer contracts to have it recondi paragraph (e) and by adding a new para construction, reconstruction, or erection tioned or reconditions it himself, and irre graph (m) at the end thereof. These re after December 31,1961. Further, if the spective of whether the materials used in the vised and added provisions read as construction, reconstruction, or erection process are new in use. follow s: of such property is commenced after De P ar. 2. Section 1.48-4 is amended by cember 31, 1961, and is completed after § 1.48—1 Definition of section-38 prop revising subparagraphs (1) and (3) of June 30, 1963, the entire basis of the erty. paragraph (k), by adding new examples elevator or escalator shall be taken into (3) and (4) to paragraph (1), and by * * * * * account in determining qualified invest (e ) Definition of building and struc adding a new paragraph (m). These ment under section 46(c). Also, if an revised and added provisions read as tural components. * * * elevator or escalator is reconstructed by (2) The term “structural components” the taxpayer after June 30, 1963, the follow s: includes such parts of a building as basis attributable to such reconstruction § 1.48—4 Election o f lessor of new sec walls, partitions, floors, and ceilings, as may be taken into account in deter tion 38 property to treat lessee as well as any permanent coverings therefor mining the qualified investment under purchaser. such as paneling or tiling; windows and section 46(c), irrespective of the fact doors; all components (whether in, on, or that the original construction or erection (k ) Adjustment of rental deductions adjacent to the building) of a central air of such elevator or escalator may have (1) In general. The rules of this para conditioning or heating system, includ occurred before January 1, 1962. Para graph apply only to section 38 property ing motors, compressors, pipes and ducts; graph (b) of § 1.48-2 shall be applied in placed in service before January 1, 19®4< plumbing and plumbing fixtures, such determining the date of acquisition, and with respect to any such property as sinks and bathtubs; electric wiring original use, and basis attributable to pnly for taxable years of a lessee begin and lighting fixtures; chimneys; stairs, construction, reconstruction, or erection. ning before January 1,1964. iM t lessor escalators, and elevators, including all (2 ) Definition of elevators and escala makes a valid election under this sec components thereof; sprinkler systems; tors. For purposes of this section the tion with resnect to Droperty placed in Tuesday, July 20, 1965 FEDERAL REGISTER 9061 service by the lessee before January 1, 1962, and the amount of such decrease is which the successor lessee assumes the 1964, section 48(g) and § 1.48-7 (relating $134.75. In 1963 there shall be an Increase lessee’s obligations under the lease, such of $134.75 in the deductions otherwise allow increase in rental deductions shall be to adjustments to basis of property) shall able under section 162 for such taxable year not apply to the lessor with respect to with respect to the leased property. taken into account by the successor such property. Thus, the lessor is not Example (4). Assume the same facts as lessee in the manner prescribed in this required to reduce under section 48(g) ip example (1) except that during the year paragraph. ( l ) the basis of such property. How 1963 the property was used by Y predomi (2 ) Examples. The operation of this ever, if such an election is made, the nantly outside the United States within the paragraph may be illustrated by the fol deductions otherwise allowable under meaning of paragraph (g) of § 1.48-1, and lowing examples: thereafter was used in Y ’s trade or business. section 162 to the lessee for amounts Under paragraph (k) (3) of this section, the Example (1)... (a) X Corporation acquired paid or accrued to the lessor under the increase of $134.75 described in example (3) on January 1, 1962, an item of new section 38 lease shall be adjusted in the manner is taken into account ratably as an increase property with a basis of $24,000 and with a provided in this paragraph. For special in rental deductions otherwise allowable un useful life to the lessor of 10 years. Y Cor adjustment for taxable years beginning der section 162 in the amount of $12.25 poration, which makes its returns oh the after December 31, 1963, see paragraph ($134.75 divided by 11 years) for 1963 and basis of a calendar year, leased such property each of the 10 succeeding years. from X Corporation and placed it in service (m) of this section. on January 2, 1962. Under this section, X * * * * * . (m ) increase in rental deductions on Corporation made a valid election to treat Y (3) Increase in rental deductions on account of section 203(a) (2) (B ) of the Corporation as having purchased such prop Revenue Act of 1964— (1 ) In general. erty for purposes of the credit allowed by account of early disposition, etc. ( i ) If, section 38 and supplied the lessee with in as a result of an early disposition, etc., (1) Under section 203(a)(2)(B) of the Revenue Act of 1964, if, for any taxable formation that the property had a useful life in a taxable year beginning before Janu of 10 years. The amount of the credit earned ary 1, 1964, with respect to leased prop year of a. lessee beginning before Janu with respect to such property was $1,680 (7 erty placed in service before such date, ary 1, 1964, the rental deductions other percent of $24,000). For each of the taxable' the lessee’s tax is increased under section wise allowable under section 162 to such years 1962 and 1963, Y Corporation decreased, 47(a) (1) or (2), or an adjustment in a lessee for amounts paid or accrued to the under paragraph (k ) (2) of this section, its lessor under the lease with respect to deductions otherwise allowable under section carryback or carryover is made under 162 with respect to such property by $168 section 47(a) (3) by reduction of an un leased property placed in service before January 1, 1964, were decreased under ($1,680 multiplied by 12/120). used credit, the rental deductions (if (b) For each of the taxable years 1964 any) otherwise allowable under section paragraph (k) (2) of this section, such through 1971, Y Corporation Increases its 162 to such lessee for amounts paid or rental deductions shall be increased. deductions otherwise allowable under section accrued to the lessor under the lease (ii) The increase in rental deductions 162 for amounts paid to X Corporation under with respect to such property shall be described in subdivision (i) of this sub- the lease by $42 ($336 (that is, $168 m ulti paragraph shall be in an amount equal to plied by 2) divided by the remaining useful increased in an amount equal to the life of 8 years) * total decreases previously made in the the total decreases in the lessee’s rental deductions previously made under para Example (2). (a) The facts are the same lessee’s rental deductions under subpara as in example (1) except that the lease is graph (2) of this paragraph. graph (k) (2) of this section less any in terminated on January 3, 1965. (ii) Except as provided in subdivision creases in rental deductions made under (b) For the taxable year 1964, Y Corpora (iii) of this subparagraph, the increase in paragraph (k) (3) of this section. tion increases its deductions otherwise al rental deductions described in subdivi (iii) Except as provided in subdivision lowable under section 162 by $42. sion (i) of this subparagraph shall be (iv) of this subparagraph, the increase (c) For the taxable year 1965, Y Corpora in rental deductions described in sub tion increases its deductions Otherwise al taken into account as an increase in ren t lowable under section 162 for the portion of al deductions otherwise allowable under division (i) of this subparagraph shall be taken into account ratably over the the increase which had not been taken into section 162 for the taxable year in which account as of the time of the termination of the early disposition, etc., occurred. remaining portion of the useful life of the lease. Thus, the amount of such in (iii) If, after the event which caused the property commencing with the first crease for the taxable year 1965 is $294 ($336 section 47(a) (1), (2), or (3) to apply, day olf the first taxable year beginning minus $42). after December 31, 1963. For this pur the lessee continues the use of the prop P ar. 3. Section 1,48-7 is amended by erty in a trade or business or in the pose, the useful life of the property shall be the useful life used in making the de revising subparagraph (1) of paragraph production of income, the increase in (a) and by adding new paragraphs (c), rental deductions described in subdivi creases in rental deductions with respect to the property under paragraph (k) (2) (d), and (e). These revised and added sion (i) of this subparagraph shall be provisions read as follows: taken into account ratably over the re of this section. maining portion of the useful life of the (iv) If the lease is terminated other § 1.48—7 Adjustment to basis. property which was used in making the than by the lessee’s actual purchase of (a ) Reduction of basis; general—:(1 ) the property during a taxable year be decreases in rental deductions with re In general. Under section 48(g) (l), the ginning after December 31,1963, and be spect to the property under subpara basis of “section 38 property” placed in fore the end of the remaining useful life graph (2) of this paragraph. service before January 1, 1964, shall be of the property used in making the de reduced by an amount equal to 7 percent (iv) If subdivision (iii) of this sub- creases in rental deductions, the amount paragraph applies, and if, prior to the of the “qualified investment” with re of the increase in rental deductions de spect to such property. The reduction expiration of the useful life of the prop scribed in subdivision (i) of this sub- erty used in making the decreases in in basis shall be made as of the time such paragraph and not previously taken into property is placed in service by the tax rental deductions, the lease is terminated account shall be allowed as a deduction other than by actual purchase o f the payer. The basis of such property must for the taxable year in which such ter be reduced by 7 percent of the qualified property by the lessee, any increase in mination occurs. rental deductions not previously taken investment even though the limitation (v) The rental deductions With re based on amount of tax under section into account shall be taken into account spect to any section 38 property are not as an increase in rental deductions for 46(a)(2) reduces the amount of the to be increased under this paragraph if credit allowed by section 38 for the tax the taxable year in which the lease is the lessee dies in a taxable year begin terminated. In the case of an actual able year in which the property is placed ning before January 1,1964. in service. The reduction in basis of purchase of the property by the lessee, (vi) The increase in rental deductions see paragraph (e ) o f § 1.48-7. section 38 property placed in service be described in subdivision (i) of this sub- fore January 1, 1964, shall be taken into (1) Examples. * * * paragraph shall ordinarily be taken into account for all purposes of subtitle A of Example (3 ). Assume the same facts as in account by the lessee treated as the pur the Code, except in computing (o r recom example (1) except that the lessee disposes chaser; that is, the lessee entitled to the puting in the case of early disposition, of his interest in the lease on January 1, credit. However, if the property under etc.) the qualified investment with re 1968, and that there is an increase in Y ’s the lease is transferred by the lessee to tax for 1963 under section 47(a) (1) in the spect to such property. Thus, such re amount of $1,764. Under paragraph (k) (2) a successor lessee in a transaction de duction in basis is taken into account in of this section, Y ’s deductions attributable scribed in section 47(b) (other than a determining a reasonable allowance for to the leased property are decreased only in transfer by reason of death) under depreciation under section 167, except No. 138------3 9062 RULES AND REGULATIONS that the additional amount allowed Example (3) . (a) The facts are the same solely for the purposes of determining under section 179 (relating to additional as those in example (1) of paragraph (a) (3) the depreciation adjustment occasioned first-year depreciation allowance for of this section except that the property was by tiie increase in basis (and not for the physically located outside of the United small business) with respect to the cost States during more than 50 percent of the purposes of determining method of de of certain property is determined without taxable year 1963 within the meaning of para preciation, effect of retirements, appli regard to such reduction in basis. Sec graph (g) of § 1.48-1, and section 47(a) (1) cation of sections 1245 and 1250, or other tion 48(g) (1) and this section do not therefore became applicable. purposes) , he may continue to utilize apply to section 38 property placed in (b ) The basis of the property is increased the previous rate for the main account service a fte r December 31, 1963. F or by $700 as of the first day of the taxable year (n ot reflectin g the increase in basis) and increase in basis of property to which 1963. treat the increase in basis as a separate Example ( 4). (a) The facts are the same this section applies, see paragraphs (c ), as example (5) of paragraph (a) (3) of this account to be depreciated over the re (d ), and (e) of this section. section. Assume also that on January 1, maining useful life of the assets to which * * * * * 1963, there is an early disposition, etc., of the increase in basis relates. Except as the three assets as described under section provided in section 167 and the regula (c ) Increase in basis on account of47(a)(1). “ early disposition, etc.— (I> In general. tions thereunder, no change may be (b) Section 48(g) (2) requires that the made in the method of depreciation to If, as a result of an early disposition, etc., basis of asset No. 1 be increased immediately be applied during the remaining life of in a taxable year beginning before Janu before such early disposition, etc., by the the property. For purposes of section ary 1, 1964, with respect to section 38 amount of $1,750 ($1,750 credit allowed less 167(d), any increase in basis under this property placed in service before such credit allowable of 0). Likewise, the basis of asset No. 2 is increased by the amount of paragraph shall constitute a fact not date, the tax imposed under chapter 1 taken into consideration in the adoption of the Code is increased under section $1,750. There is no increase in the basis of asset No. 3 since the basis of such asset was of any agreement under that section fix 47(a) (1) or (2), or an adjustment in an not reduced. ing the rate of depreciation. In no event unused credit carryback or carryover is shall an adjustment be made which made under section 47 (a) (3), then the (d ) Increase in basis of property Would result in recovery of the increase basis o f such property shall be increased. placed in service before January 1,1964— in basis through depreciation allowances Such increase shall be in an amount (1 ) In general. Under section 203(a) (2) (A) of the Revenue Act of 1964, the prior to expiration of the remaining equal to the sum of the portion of such useful life. increase in tax and the portion of such basis of section 38 property placed in (2 ) Special rules, ( i ) T h e increase in adjustment in carrybacks or carryovers service before January 1, 1964, shall be increased by an amount equal to 7 per basis provided by subparagraph (1) of attributable to such property but not in this paragraph shall be taken into ac excess of the reduction in basis made cent of the qualified investment with respect to such property (determined as count ordinarily by the person in whose under paragraph (a) of this section or, hands the basis of the property was re in the case of leased property purchased of the date the property was placed in service) but not in excess of the net duced under section 48(g) (I). However, by a lessee treated as the purchaser, the if the property is transferred in a trans reduction in, basis under paragraph (b) reduction in basis under section 48(g). For this purpose, the net reduction in action described in section 47(b) (other of this section plus the decrease in rental than a transfer by reason of death) deductions made under paragraph (k) basis under section 48(g) is the reduc tion in basis under section 48(g) (1) and prior to the first day of the first taxable (2 ) o f § 1.48-4. See paragraph (a ) (2 ) year of the transferor beginning after of this section for rules indicating when paragraph (a) of this section less any increase in basis under section 48(g) (2) December 31, 1963, then, to the extent basis is not reduced under paragraph that tire basis of such property reflects (a) of this section. The increase in and paragraph (c) of this section. The increase in basis described in this para the net reduction in basis described in basis of such property shall be made im subparagraph (1) of this paragraph in mediately before the event which causes graph shall be made as of the first day of the taxpayer’s first taxable year be the hands o f the transferor, the increase section 47(a) (1>, (2), or (3) to apply, in basis provided for in this paragraph and this increase in basis shall be taken ginning after December 31, 1963. For taxable years beginning after December shall be taken into account by the trans in to account fo r a ll purposes o f subtitle A feree. of the Code. If, after the event described 31, 1963, this increase in basis shall be taken into account for all purposes of (ii) The basis of any section 38 prop in the preceding sentence, the taxpayer erty is not to be increased under sub- continues the use of the property in a subtitle A of the Code. Thus, for exam ple, during that part of the remaining paragraph (1) of this paragraph if the trade or business or in the production of taxpayer dies in a taxable year begin income, the principles described in para useful life of the property falling within the taxable years beginning after De ning before January 1,1964. graph (d) (1) of this section shall be ap (3 ) Examples. The application of plied in computing the allowances for de cember 31, 1963, such increase in basis shall be taken into account in determin this paragraph may be illustrated by the preciation over the remaining useful life following examples: of the property. ing reasonable allowances for deprecia (2 ) Examples. The operation of this tion under section 167. In determining Example (X). (a) A, an individual who depreciation allowances with respect to makes his return on the basis of the calendar paragraph may be illustrated by the year, acquired and placed in service on Jan follow in g exam ples: the property for periods after sueh in crease in basis, appropriate adjustments uary 1 ,1962, asset No. 1 and asset No. 2, both Example (X). (a) The facts are the same o f which assets qualified as new section 38 shall be made (except as otherwise property. Each asset had a basis of $10,000, as those in example (1) of paragraph (a) (3) provided in this paragraph), whenever of this section except that on June 15, 1963, a salvage value of $1,000, and an estimated corporation X sold the property causing sec necessary, to the rate or other factors useful life of 10 years. Depreciation for each tion 47 (a ) (1) to apply. previously applied for taxable years be asset was computed under the straight line (b) Section 48(g)(2) requires that the ginning before January 1, 1964, so that method. For the taxable year 1962, A was basis of said property be increased immedi the total depreciation allowances made allowed under section 38 a credit of $1,400 ately before the sale by the amount of $700, during the remaining useful life of the (7 percent of $20,000). On January 2, 1963, which amount is equal to the Increase in tax property, plus the allowances for the A took asset No, 1 out of his business and for the taxable year 1963 arising under sec on said date commenced to use such prop expired useful life, will equal or approxi erty entirely for personal purposes. Thus, tion 47(a) (1) ($700 credit allowed less credit mate the allowances which would have allowable of 0) for purposes of section 4 8 (g )(2 ), there was Example (2). (a) The facts are the same resulted if section 48(g) (1) had not ap an early disposition, etc., as described under as in example (1) of this subparagraph ex plied. In the case of section 38 property section 47(a) (1 ). . cept that for the taxable year 1962 X Cor contained in a multiple asset account, (b ) Under section 48(g) (1 ), the basis or poration's liability for tax was only $500, and the taxpayer may reflect the increase each asset in 1962 was reduced to $9,300. Thus, depreciation with respect to each asset a $200 unused credit carryover to 1963 In basis by adjusting the basis of the resulted. for the taxable year 1962 was $830 (adjusted account and by adjusting the rate of basis of $9,300 minus salvage value of $1,0OT) (b) The result is the same as in example depreciation applied to the entire ac divided by estimated useful life of 10 years). (1) of this subparagraph, that is, the basis count. In lieu of that, he may continue of the property is increased under section (c) Immediately before the early dispo 48(g) (2) by the amount of $700 ($500 credit to apply to the entire account (reflect sition, etc., with respect to asset No. 1, the allowed plus $200 adjustment in carryover ing the basis increase) the rate previ basis of such asset was increased by $700 to to 1963 less credit allowable of Q ). ously employed. As a third alternative, $9,170 (cost of $10,000 minus reduction In Tuesday, July 20, 1965 FEDERAL REGISTER 9063
1962 under section 48(g) (1) of $700, minus as of January 1, 1964, is determined as allowance which would have resulted if depreciation of $830, and plus the addition follows: section 48(g) (1) had not applied, an ad to basis in 1963 under section 48(g) (2) of Original cost to taxpayer justment in the rate of depreciation would $700) . As of December 31, 1963, the ad ______$165,000 Less: Reduction for invest be necessary. If the taxpayer selects the justed basis of asset No. 2 was $7,640 (origi third alternative described for multiple as ment credit as prescribed nal cost of $10,000 minus reduction in 1962 set accounts in subparagraph (1) of this by paragraph (a) ______$3,850 under section 48(g) (1) of $700, minus de paragraph, the amount of the adjustment Depreciation for 1962____ 48,717 preciation of $830 in 1962, and minus de will be determined with reference to the in Depreciation for 1963___ 38,973 91,540 preciation of $830 in 1963). crease in basis alone. In that case, under the (d) The basis of asset No. 1 is not in taxpayer’s method of depreciation, depre 73,460 creased under this section since the basis of ciation with respect to the increase in basis Add:, Increase prescribed by this such asset had previously been increased un for the taxable year 1964 and for each of the paragraph___** ______,______3,850 der section 48(g) (2) in the amount of $700, seven succeeding years is $1,575 (increase in the full amount of the reduction previously basis of $12,600 divided by estimated remain Adjusted basis as of January 1, 'made under section 48(g) (1). The basis of ing Useful life of 8 years). 1964______77,310 asset No. 2 is increased under this paragraph as of January 1, 1964, by $700 to $8,340 ($7,- (e ) Increase in "basis; purchase of 640 plus 7 percent of $10,000). The rate of Depreciation for the taxable year 1964 is leased property by lessee treated as pur depreciation to be applied to the adjusted $31,155 (adjusted basis of $77,310 minus sal chaser— (1 ) In general. If a lessor of basis of asset No. 2 for the remaining use vage value of $15,000 multiplied by % ). Like property placed in service before Jan ful life of 8 years is adjusted in order to wise, depreciation for the taxable year 1965 uary 1,1964, made a valid election under shall be $20,770 ($77,310 minus $15,000 m ul produce a total depreciation allowance of § 1.48-4 to trea t the lessee as having pur $9,000 at the end of the asset’s useful life. tiplied by %). Depreciation with respect to such asset for Example (4). (a ) The facts are the same chased such property for purposes of the taxable year 1964 and for each of the as in example (2) except that the useful life the credit allowed by section 38 and if succeeding 7 years is $917.50 (adjusted basis was estimated in terms of units of produce the lessee actually purchased the prop of $8,340 minus salvage value of $1,000 di tion and depreciation was computed under erty at a later date prior to the expira vided by estimated remaining useful life of the unit-of-production method. The esti tion of the useful life used in computing 8 years). mated total production of the property was the credit, the basis of the property shall Example ( 2). (a) X Corporation, which 150,000 units, and 30,000 units were produced be increased. If the property was pur annually. Thus, depreciation for the tax makes its return on the basis of the calendar chased by the lessee in a taxable year year, acquired and placed in service on Jan able year 1962 was $29,230 (adjusted basis uary 1, 1962, an asset which qualified as new of $161,150 minus $15,000 multiplied by beginning before January 1, 1964, the section 38 property. The asset had a basis 30,000/150,000). For the taxable year 1963 increase shall be made as of the first of $165,000, a salvage value of $15,000, and depreciation was again $29,230. day of the lessee’s first taxable year be an estimated useful life of 5 years. Deprecia (b) As of January 1, 1964, the basis of ginning after December 31, 1963, in an tion was computed under the declining bal such property is increased in the amount of amount equal to 7 percent of the quali ance method at a rate of 200 percent of the $3,850. In order to permit a total allowance fied investment in the property (deter straight line rate. The qualified Investment of $150,000 over the entire useful life of the property, it is necessary tu adjust the annual mined as of the date the property was with respect to such asset was $55,000 (33% placed in service), but not in excess of percent of $165,000). For the taxable year allowance for depreciation over its remaining 1962, X Corporation was allowed under sec life. Thus, as of January 1, 1964, under the the reduction in basis made under para tion 38 a credit of $3,850 (7 percent of taxpayer’s method of depreciation, a new rate graph (b) of this section plus the decrease $55,000). of 30,000/90,000 is determined for the taxable in rental deductions made under para (b) Under section 48(g)(1), the basis of year 1964. Commencing with such taxable graph (k) (2) of § 1.48-4. If the prop such property in 1962 was reduced to $161,150 year, this new rate is applied against the erty was purchased by the lessee in a ($165,000 minus $3,850), Thus, depreciation adjusted basis of the property of $106,540 taxable year beginning after December with respect to such asset for the taxable minus salvage value of $15,000. The ad justed basis as of January 1, 1964, ls deter 31, 1963, the increase shall be made to year 1962 was $64,460 (adjusted basis of the basis of the property as of the date $161,150 multiplied by 40 percent). Depre mined as follows: ciation for the taxable year 1963 was $38,676 of purchase by an amount equal to any Original cost to taxpayer.______$165,000, decrease in rental deductions actually ($161,150 minus $64,460 multiplied by 40 Less: Reduction for invest percent). ment credit as prescribed made under paragraph (k) (2) of § 1.48- (c) As of January 1,1964, the basis of such by paragraph (a) _____ $3,850 4 minus any increase in rental deduc property is increased by $3,850 to $61,864 Depreciation for 1962____ 29,230 tions taken into account by the lessee ($161,150 minus $64,460, minus $38,676, and Depreciation for 1963____ 29,230 62,310 under paragraph (m) of § 1.48-4. Any plus $3,850). No adjustment in the rate of Increase in basis under this paragraph the allowance for depreciation is necessitated 102,690 shall be reduced to the extent of any by the increase in basis under this section Add: Increase prescribed by this increase in basis previously made under since the rate and method applied in 1962 paragrap h ______3,850 and 1963 will produce a total allowance of paragraph (c> of this section on account $150,000 over the entire estimated useful life Adjusted basis as of January 1, of early disposition, etc., of the property. of the property. Thus, depreciation with re 1964______%______106, 540 For taxable years of a lessee beginning spect to such asset for 1964 is $24,746 ($61,864 a fte r December 31, 1963, such increase multiplied by 40 percent), for 1965 is $14,847 Depreciation for the taxable year 1964 ls in basis shall be taken into account for ($61,864 minus $24,746 multiplied by 40 $30,513 (adjusted basis of $106,540 minus all purposes of subtitle A of the Code. percent), and for 1966 is $7,271, since such salvage value of $15,000 multiplied by 30,000/ (2 ) Special rules, (i) The increase in property cannot be depreciated below its 90,000). Likewise, for the taxable year 1965 salvage value of $15,000. basis provided by this paragraph shall be depreciation shall be $30,513 ($106,540 minus Example (3). (a) The facts are the same taken into account ordinarily by the $15,000 multiplied by 30,000/90,000). lessee treated as the purchaser. How as in example (2) except that depreciation Example (5). (a) X Corporation, a cal was computed under the sum of the years- endar year basis taxpayer, acquired and ever, if the property under the lease is digits method. Thus, depreciation with placed in service on January 1, 1962, a num transferred before the purchase by the to such asset for the taxable year ber of assets which qualified as new section lessee to a successor lessee in a transac 1962 was $48,717 (adjusted basis of $161,150 38 property. Such assets had a total basis of tion described in section 47(b) (other minus $15,000 multiplied by % s). For the $180,000, a total salvage value of $18,000 and than a transfer by reason of death) un taxable year 1963 depreciation was $38,973 were accounted for in a multiple asset ac der which the successor lessee assumes ($161,150 minus $15,000 multiplied by %5). count containing other assets similar in kind, (b) As of January 1, 1964, the basis of the lessee’s obligations under the lease, or but not qualifying as section 38 property. if the property is purchased by the lessee S^C * property Is increased in the amount Depreciation was computed under the or $3,850. In order to produce a total straight line method over an average esti in a taxable year beginning before allowance of $150,000 over the entire useful mated useful life of 10 years. January 1,1964, and subsequently trans At ls necessary to adjust the annual For the taxable year 1962, X Corporation ferred in a transaction described in sec allowance. Thus, as of January 1,. 1964, was allowed under section 38 a credit of tion 47(b) (other than a transfer by under the taxpayer’s method of depreciation, $12,600—{7 percent of $180,000). Under sec reason'of death), the increase in basis a new rate of % is determined for the tax tion 48(g)(1), the basis of such property provided for in this paragraph shall be able year 1964. Commencing with such tax- in 1962 was reduced to $167,400. taken into account by the transferee. tv, 6 ^ear’ new applied against (b) As of January 1, 1964, the basis of the (ii) The basis of any section 38 pro the asset’s adjusted basis of $77,310 minus assets is increased in the amount of $12,600. perty is not to be increased under sub- salvage value of $15,000. The adjusted basis To produce a total allowance equal to the paragraph (1) of this paragraph if the 9064 RULES AND REGULATIONS taxpayer dies in a taxable year beginning investment credit under section 38 and for $1,500. C elects to compute his deprecia before January 1, 1964. the additional first-year depreciation allow tion allowance for the asset by the declining (9 ) Examples. The application of ance under section 179. A is entitled to an balance method of depreciation, using a rate this paragraph may be illustrated by the investment credit of $700 (7%.X $10,000) and of 20% which Is twice the normal straight elects to take an additional first-year depre line rate of 10% (without adjustment for following examples: ciation allowance of $2,000 (20% X $10,000). salvage value). C files his income tax re Example ( 1 ). (a) X Corporation acquired The basis fear depreciation (determined in turns on a calendar year basis. In comput on January 1, 1962, an Item of new section accordance with the provisions of section ing his depreciation allowance for the year 38 property with a basis of $10,000, an esti 167(g) and § 1.167(g)-!) Is computed as 1966, C changes his method at determining mated useful life of 10 years, and a salvage follows: the depreciation allowance for the asset from value of $1,000. T Corporation, which makes Purchase price— , — — - $10,000 the declining balance method to the straight line method (in which salvage value is ac its return on the basis of a calendar year, Less: Adjustment required for counted for in determining the annual de leased such property from X Corporation and taxable years beginning placed it in service on January 2, 1962. U n before Jan. 1, 1964, under preciation allowances) in accordance with der § 1.48-4, X Corporation made a valid section 1016(a)(19) for the provisions of section 167(e) and para election to treat T Corporation as having the investment credit____$700 graph (b) of § 1.167(e)-l. He also wishes purchased such property for purposes of the Adjustment required under to reduce the amount of salvage value taken credit allowed by section 38. The amount of section 1016(a)(2) for the into account in accordance with the provi the credit earned with respect to such prop additional first-year de sions of section 167 (f ) and this section. At erty was $700 (7 percent of $10,000). For preciation allowance____ 2,000 the close of the year 1966, the only reduc the taxable year 1962, Y Corporation de ------— 2,700 tions reflected in the basis of the asset are creased. under paragraph (k ) (2 ) of § 1.48-4, for depreciation allowances. Thus, C may its deductions otherwise allowable under sec Basis for depreciation for the tax .reduce the amount of salvage value taken tion 162 for amounts paid to X Corporation able year 1963------!------7,300 into account by $1,000 (10% x $10,000, the tinder the lease with respect to such property basis of the asset when it was acquired), and, therefore, will account for salvage value by $70 ($700 multiplied by i%as). On Janu However, the basis of the property for de ary 1, 1963, Y Corporation purchased such of only $500 in computing his depreciation termining depreciation as of the time as of allowance for the asset in 1966 and subse property from X Corporation for $8,830. which salvage value is required to be deter (b ) As of January 1,1963, Y Corporation in quent years. mined is $10,000, the purchase price of the accordance with paragraph (b) of this section property. A files his income tax returns on (Sec. 7805 of the Internal Revenue Code of reduced the basis of the property by the a calendar year basis and uses the straight 1954; 68A Stat. 917; 26 UB.C. 7805) amount of $630 ($700 minus $70). The ad line method of depreciation. A estimates justed basis of the property for the taxable [F.R. Doc. 05-7476; Filed, July 19, 1965; that he will use the asset In his business for 8:45 a.m.} year 1963 for purposes of determining a 10 years after which it will have a salvage reasonable allowance for depreciation under value of $500, which is less than $1,000 section 167 was $8,200 ($8,830 minus $630). (10 % x $10,000, the basis of the property far Depreciation under the straight line method determining depreciation as of the time as of for such taxable year amounted to $800 (ad which salvage value is required to be deter Title 39— POSTAL SERVICE justed basis of $8,200 minus salvage value of mined). For the taxable year 1963 A ^may $1,000 and divided by estimated remaining deduct $730 as the depreciation allowance. Chapter I-—Post Office Department useful life of 9 years). As of December 31, As of January 1, 1964, the basis of the asset PART 94— HIGHWAY 1963, the adjusted basis had been reduced to is increased by $700 In accordance with para $7,400 ($8,200 minus depreciation o f $800 for graph (d) of § 1.48-7. In computing his TRANSPORTATION the taxable year 1963). total depreciation allowance on the asset, A (c ) As of January 1, 1964, the basis of such may reduce the amount taken into account Postal Services property is increased to $8,100 ($7,400 plus as salvage value to zero and may claim de $700). To permit a total allowance of $7,900 The regulations of the Post Office De preciation deductions (including the addi partment are hereby amended and re over the entire useful life of the property tional first-year depreciation allowance) (treating as a part of the depreciable basis totaling $10,000. See paragraph (d) of vised for tiie purpose of clarification and of the property the decrease of $70 made in § 1.48-7 for the computation of depreciation to show that postmasters will furnish the taxpayer’s rental deductions for the tax for taxable years beginning after December star box patrons with a new Form 5431, able year 1962), it is necessary to recompute 31, 1963, where there is an increase in basis Star Route Box Patron Notice. Also, the annual allowance for depreciation. Thus, of property subject to the investment credit. the amended regulations prescribe the depreciation for the taxable year 1964 and Example (2). Assume tine same facts as use of Form 5431 instead of Form 4232. for each of the 7 succeeding years is $887.50 in example (1) except that A in a subsequent Additionally, the postal regulations are (adjusted basis of $8,100 minus salvage value taxable year redetermines the estimate of the amended to show that if contract re of $1,000 and divided by estimated remaining useful life of the asset and at the same time useful life of 8 years). also redetermines the estimate of salvage quires the carrier to case his mail, he Example (2). (a) The facts are the same value. Assume also that at such time the must prepare and maintain a list of the as in example (1) of paragraph (m) (2) of only reductions reflected In the basis are for names of the patrons served, arranged 1 1.48-4 except that Y Corporation purchased depreciation allowed or allowable. Accord in alphabetical order with the box num the property on January 3, 1965, for $20,000. ingly, the reduction under section 167(f) and ber opposite each name. The amend (b) For the taxable year 1964 Y Corpo this section win be computed with regard to ments to be effective upon publication ration increases its deductions otherwise the purchase price and not the unrecovered are as follows: allowable under section 162 by $42. basis for depreciation at the time of the (c) As of January 3, 1965, Y Corporation redetermination. 1. In § 94.2 Postal Services, paragraph increases the basis of the property ($20,000) Example (3). Assume the same facts as in (b ) Box delivery and collection service by $294 ($336 decrease in rental deductions example (1 ) except that A estimates that the is revised to read as follows: made in 1962 and 1963 minus $42 increased asset will have a salvage value of $1,200 at § 94.2 Postal services. rental deductions taken into account in the end of its useful life. In computing his 1964). depreciation for the asset, A may reduce the * * * * * amount to be taken into account as salvage (b ) Box delivery and collection serv P ar. 4. Paragraph (c ) o f § 1.167( f )—1 value to $200 ($1,200—$1,000). Accordingly, ice— (1 ) Duties of postmasters. is amended by revising examples (1 ), (2 ), A may claim depreciation deductions (in Postmasters shall: (3), and (6) to read as foQows: cluding the additional first-year depreciation allowance) totaling $9,800, i.e., the purchase ( i ) Upon request o f a patron for box § 1.167(f)—1 Reduction of salvage value price of the property ($10,000) less the delivery and collection service, complete taken into account for certain per amount taken into account as salvage value and furnish patron Form 5431, Stax sonal property. ($200). Route Box Patron Notice. If uncertain * * * * * v * * * * as to the type of box service required by the contract, ascertain contract require (c ) Illustrations. * * * Example (6 ). Taxpayer C purchases a new ments from the director, transportation asset for use In his business on January 1, Example ( 1 ). Taxpayer A purchases a new 1963, for $10,000. At the time of purchase, division. asset for use in his business on January 1, the asset has an estimated useful life of 10 (li) Arrange mail addressed to patrons 1963, for $10,000. The asset qualifies far the years and an estimated salvage value of served through boxes in the order of Tuesday, July 20, 1965 FEDERAL REGISTER 9065 delivery by the carrier, unless the con “port”). Operators desiring to submit tract requires that the carrier arrange Title 46— SHIPPING vessel utilization and performance data on punched cards may do so by obtaining his Fifth in proper order for distribution. Chapter II— Maritime Administration, (iii) Make a table and routing case permission from the Maritime Adminis available to the carrier if the contract Department of Commerce tration In which event the data must be requires that he case his mail and in SUBCHAPTER B— REGULATIONS AFFECTING MAR received by the Maritime Administration struct him in the distribution and ar ITIME CARRIERS AND RELATED ACTIVITIES not later than 36 calendar days after entering or clearing a port. Forms M A- rangement of mail in proper order for l General Order 39, 3d Rev., Amdt. 1] delivery to patrons. 7803 and MA-7804 shall be filed within (iv) Deliver to carrier any mail ad PART 222— STATEMENTS, REPORTS, s 15 days after entering or clearing a port. dressed to a patron of his office who: AND AGREEMENTS REQUIRED TO In calculating the due date for the 15 day limitation, Saturdays, Sundays, and (a) lives on or near the star route on BE FILED which box delivery is required. holidays are excluded. Forms MA-578, (b) Has provided suitable box or sack. Forms of Utilization and Performance MA-7803 and MA-7804 are required to See § 49.4. Reports Prescribed be filed in duplicate for all voyages of (c) Has filed request with the post merchant vessels operated by or for the master to Ijave mail delivered by carrier Section 222.2 of this part is hereby account of the Department of Defense and has completed Form 5431. amended to read as set fo rth below which except vessels of the M ilitary Sea Trans (v) Instruct carrier as to proper point reflects the consolidation of Forms M A- portation Service (MSTS) nucleus fleet. at which mail is to be delivered. 7801 and MA-7802 into a new Form M A- The changes effected in this amend 578 and changes in the number of days (vi) Withhold delivery of registered, ment being minor in nature, it is deemed allowed fo r filin g the Forms MA-7803 and insured, certified, and COD m ail to car impracticable to delay the effective date rier, unless contract requires that the MA-7804: thereof; therefore, the foregoing shall be carrier deliver such mail. § 222.2 Forms o f vessel utilization and effective on August 1, 1965. (vii) Tie out and place in pouch mail performance reports prescribed. The reporting requirements herein addressed to patrons of his office who re have been approved by the Bureau of the side along road traveled by carrier after Pursuant to the authority of section 212 (A ) of the Merchant Marine Act, 1936, Budget in accordance with the Federal serving another post office on the route. Reports Act of 1942. This mail is removed from pouch by the as amended (Public Law 6l2, 84th Con postmaster at office last supplied before gress; 70 Stat. 332; 46 U.S.C. 1122a), the (Sec. 204,/ 49 Stat. 1987, as amended; 46 serving such patrons and handed to car Secretary of Commerce has determined U S .0 .1114) rier for delivery. See § 49.3(b) (4). th at it is necessary and desirable in order By order of the Maritime Administra (viii) Mark up and forward mail for to carry out the purposes and provisions tor. of the Merchant Marine Act, 1936, as patrons who have filed change of address Dated: Juljrl4,1965. cards. N o tify carriers who m aintain amended (49 Stat. 1985, et seq.; 46 U.S.C. rosters of patrons served of the changes. 1101 et seq.), to require persons operating J a m e s S. D a w s o n , Jr., vessels in the waterborne foreign com Secretary. Postmasters must not deliver mail to car merce of the United States to file reports [FJR. Doc. 65-7648; Filed, July 19, 1965; rier outside of regular lock pouch before of the utilization and performance of 8:49 am .] it has reached the post office to which it such vessels on Form MA-578 for passen is addressed. ger and dry-cargo vessels and on Forms (2) Duties of carriers and patrons. MA-7803 and MA-7804 for tankers; and (i) See § 49.3 and § 49.4 fo r the principal hereby prescribes and approves such Title 50— WILDUFE AND duties of carriers and patrons. Forms and Instructions for the prepara (ii) If the contract requires that the tion thereof.1 An accurate Form MA- FISHERIES carrier case his mail, he must: 578,'Vessel Utilization and Performance Chapter I— Bureau of Sport Fisheries (a) Report to post office in sufficient Report, must be filed, in duplicate, with time to distribute mail in advance of the appropriate collector of customs, for and Wildlife, Fish and Wildlife scheduled departure tim e. transmittal to the Maritime Administra Service, Department of the Interior (b) Accept mail addressed to patrons tion, by the operator of every self- PART 33— SPORT FISHING of the route, from the postmaster, and propelled passenger and dry-cargo vessel arrange it in order of delivery. of 1,000 or more gross registered tons, be Nunivak National Wildlife Refuge; (c) Prepare and maintain a list of the fore midnight of the 15th day after clear Correction ance from the last United States port. names of the patrons served, arranged In In Federal Register Document 65- alphabetical order vdth the box number If the operator elects, he may file sep arate inbound and ; outbound reports 6898, appearing on page 8412, column opposite each name. * * * 3, o f the issue fo r July 1,1965, the fo llow within 15 days after entering or clearing ***** ing change should be made: Under the a United States port (hereinafter called heading “Nunivak National Wildlife Note: The corresponding Postal Manual section Is 521.22. Refuge”, the last line should read: ‘ Copy each. of the Porm MA-578 and In April 30,1966. structions for its use were filed with the Office (R.S. 161, as amended; 5 U.S.C. 22, 39 U.S.C. H a r r y A . G o o d w in , 501) of the Federal Register; Forms MA-7803 and MA-7804 and Instructions were filed previ Acting Regional Director. H ar vey H . H a n n a h , ously with said Office. These forms and in Ju l y 7,1965. Acting General Counsel. structions may be obtained from the Office IPJR. Doc. 65-7613; Piled, July 19, 1965; of Statistics, Maritime Administration, [F.R. Doc. 65-7605; Filed, July 19, 1965; 8:48 a.m.] Washington, D.C., 20235. 8:46 a.m.] dlers who are manufacturers, '-and fice of the Hearing Clerk during regular DEPARTMENT OF AGRICULTURE $7,504.62 shall be assessed against han business hours (7 CFR 1.27(b)). dlers who are wholesalers. The pro rata (49 Stat. 781; 7 U.S.C. 851 et seq.) Agricultural Research Service share of the expenses of the Control [ 9 CFR Pari 131 1 Agency to be paid for the calendar year Issued this 15th day of July 1965. 1965 by each handler who is a manu E. P. R e a g a n , ANTI-HOG-CHOLERA SERUM AND facturer shall be $19.96 for each ten Acting Administrator, HOG-CHOLERA VIRUS thousand dollars or fraction thereof of Agricultural Research Service. serum and virus sold by such handler Proposed Budget and Rate of Assess during the calendar year 1964 and the [F.R. Doc. 65-7634; Filed, July 19, 1965; 8:49 a.m..] ment for Calendar Year 1965 pro rata share of such expenses to be paid for the calendar year 1965 by ëàch Consideration is being given to the handler who is a wholesaler shall be approval of a budget of expenses of the Consumer and Marketing Service $25.00 for the first ten thousand dollars Control Agency established under the or fraction thereof and $8.06 for each [ 9 CFR Part 201 1 marketing agreement and the marketing additional ten thousand dollars or frac order (9 CFR 131.4 et seq.), regulating tion thereof of serum and virus sold by REGULATIONS UNDER THE PACKERS the handling of anti-hog-cholera serum such handler. Such assessments shall be AND STOCKYARDS ACT and hog-cholera virus, and the fixing of paid by each respective handler in ac the rate of assessment to be paid by han Extension of Time for Filing Comments cordance with the applicable provisions dlers, for the calendar year 1965, as of the marketing agreement and order. ' On June 15, 1965, a notice of proposed follow s: (c ) Terms. As used hérein, the termsrule making was published in the F ederal § 131.165 Budget o f expenses and rates “handler”, “manufacturer”, “whole R egister (30 F.R.^7721) regarding the o f assessment for the calendar year saler”, “virus”, and “serum” shall have amendment of § 201.86 of the regulations 1965. the same meaning as is given to each (9 CFR 201.66) under the Packers and (a ) Budget of expenses. Th e expenses such term in said marketing agreement Btockyards Act, 1921, as amended (7 which will necessarily be incurred by the and m arketing order. Ü.S.C. 181 et seq.). The notice provided Control Agency, established pursuant to Interested parties may obtain copies of that written data, views, or arguments the provisions of the marketing agree the budget mentioned herein from the concerning the proposed amendment ment and of the marketing order, for Executive Secretary of the Control should be filed in duplicate with the the maintenance and functioning of said Agency, 714 Veterans of Foreign Wars Hearing Clerk, U.S. Department of Agri Agency during the calendar year 1965, Building, Kansas City, Mo., 64111. culture, Washington, D.C., on or before w ill amount to $49,565.00 under the rec All persons who desire to submit writ July 16,1965. In response to the requests ommendation of the Control Agency, ten data, views, or arguments in connec of several interested persons, the time for from which shall be deducted the unex tion with the aforesaid consideration filing such written data, views, or argu pended balance o f $8,778.99 on hand w ith shall file the same with the Hearing ments is hereby extended to and includ said Control Agency on January 1, 1965, Clerk, Room 112, Building A, U.S. Depart in g August 2, 1965. from assessments collected during the ment of Agriculture, Washington, D.C., Done at Washington, D.C., this 15th calendar year 1964, leaving a balance of 20250, not later than the close of business day of July 1965. $40,786.01 to be collected during the cal on the thirtieth (30th) day after the pub larence irard endar year 1965. lication of this notice in the F ederal R eg C H. G ,
(b ) Rates of assessment. O f the ister. All documents shall be filed in Deputy Administrator, amount of $40,786.01 to be collected dur quadruplicate. All written submissions Consumer and Marketing Service. ing the calendar year 1965, the sum of made pursuant to this notice w ill be made [FJt._ Doc. 65—7633; Filed, July 19, 1965; $33,281.38 shall be assessed against han- available for public inspection at the of 8:49 a.m.] 9066 Notices DEPARTMENT OF THE TREASURY D ated: July 8,1965. from 1965 crop cherries grown in the [ seal] H enry H. F owler, United States, for subsequent use in Office of the Secretary Secretary of the Treasury. school lunch programs. Purchases will be made on an offer and acceptance basis [Antidumping— AA 643.3-p] [F.R. Doc. 65-7617; Filed, July 19, 1965; as a surplus removal activity. Details 8:48 a.m.] and specifications of the invitation to WELDED WIRE MESH FROM BELGIUM offer these products are contained in A n Determination of Sales at Not Less nouncement FV-370 Issued by the De Than Fair Value DEPARTMENT OF THE INTERIOR partment on July 13, 1965. Quantity purchased will depend upon quantities J u l y 13,1965. Bureau of Land Management and prices offered. Information concern On M ay 28, 1965, there was published [New Mexico 0225991] ing this purchase program may be ob in the F ederai, R egister a “Notice of tained from the Fruit and Vegetable Di Tentative Determination” that welded NEW MEXICO vision, Consumer and Marketing Service, wire mesh for concrete reinforcement U.S. Department of Agriculture, Wash Notice of Termination of Proposed ington, D.C., 20250. imported from Belgium is not being, nor Withdrawal and Reservation of likely to be, sold at less than fair value (Sec. 32, 49 Stat. 774, as amended, 7 U.S.C. within the meaning of section 201 (a) of Lands 612c) the Antidumping Act, 1921, as amended Ju l y 12,1965. (19U.S.C. 160(a)). Notice of an application Serial No. New D ated: July 15,1965. The statement of reasons for the ten Mexico 0225991, for withdrawal and res P aul A. N icholson, tative determination was published in ervation of lands was published as Deputy Director, Fruit and Vege the above-mentioned notice, and inter Federal R egister Document No. 61-11880 table Division, Consumer and ested parties were afforded until June on page 12043 o f the issue for Friday, De Marketing Service. 27, 1965, to make written submissions or cember 15, 1961. The applicant agency to request in writing an opportunity to has canceled its application insofar as [F.R. Doc. 65-7607; Filed, July 19, 1965; present views in connection w ith the ten it involved the lands described below. 8:47 a.m.] tative determination. Therefore, pursuant to the regulations No written submissions or requests contained in 43 C FR P a rt 2300, such lands having been received, I hereby determine will be at 10 am., on August 2, 1965, re Forest Service that for the reasons stated in the tenta lieved of the segregative effect of the CERTAIN LANDS ACQUIRED tive determination welded wire mesh for above-mentioned application. concrete reinforcement imported from The lands involved in this notice of Suitability for National Forest Belgium is not being, nor likely to be, termination are: Purposes sold at less than fa ir value w ithin the" New M exico Principal Meridian’ meaning of section 201(a) of the Anti Pursuant to the requirement of Execu dumping Act, 1921, as amended (19 new Mexico tive Order 10445, dated April 10,1953 (18 U.S.C. 1 6 0 (a )). Carson. National Forest FJR.. 2069), except as to lands within thè This determination is published pur Columbine Forest Camp States Iff Arizona, California, Colorado, suant to section 201 (c ) o f the Antidum p Idaho, Montana, New Mexico, Oregon, ing Act, 1921, as amended C19 UJS.C. T. 28 N., R. 13 E. (unsurveyed), Washington, and Wyoming, all lands 160(c)). That portion of the following subdivision within the exterior boundaries of na lying north of the New Mexico State High [ seal] James P omeroy Hendrick, tional forests which have been acquired way No. 38: Acting Assistant Secretary through exchange since June 30, 1964, of the Treasury. Sec. 11, E ^ E ^ E ^ N E ^ , excluding HES or that are in the process of being ac 101; quired through exchange, by the Forest IPB, Doc. 65-7616; Filed, July 19, 1965; Sec. 12, W H W % NW 54, Ey2N W i4 N W ^ , Service on behalf of the United States 8:48 a.m.] N E & S W & N W ^. under authority of Title H I of the Bank- The area described aggregates 20 acres, head-Jones Farm Tenant Act, as [Treasury Dept. Order 177-23] more or less. amended (7 U.S.C. 1010-1013), are hereby M ichael T. Solan, determined to be suitable for national ASSISTANT SECRETARY hand Office Manager. forest purposes. Designation as Member of Foreign- [ F A Doc. 65-7615; Filed, July 19, 1965; D ated: June 30,1965. 8:48 a. m.] Trade Zones Board M. M . N elson, Deputy Chief, Forest Service. Pursuant to Treasury Department la «* No’ 19°* Revision 2, o f October 23, [FJR. Doc. 65-7604; Filed, July 19, 1965; 1963, the Assistant Secretary of the DEPARTMENT OF AGRICULTURE 8:46 a.m.] Treasury having responsibility for the Consumer and Marketing Service supervision of the Bureau of Customs is Qirected to act for the Secretary of the CANNED AND FROZEN RED TART Treasury with respect to all of the Sec- PITTED CHERRIES DEPARTMENT OF COMMERCE retarys functions as a member of, and with respect to, the Foreign-Trade Zones Notice of Purchase Program GMP 96a Bureau of International Commerce rTfiir ^nd t0 exercise all of the authority In order to encourage the domestic [Case No. 344] t h J ® ecretary of the Treasury under consumption of red tart pitted cherries by CARAMANT INDUSTRIAL TRADE no n o « f June 18’ 1934> 48 Stat. 998 diverting them from the normal chan ( w E S ? * 81a’ et se
I Docket Nos. 15688,15708; PCC 65M-918] It appearing, that good cause exists 1965, seeking to have the date for ex why said motion should be granted and change of exhibits, lists of witnesses, CHICAGOLAND TV CO. AND CHI there is no objection thereto: and date of hearing extended; and CAGO FEDERATION OF LABOR Accordingly, it is ordered, This 14th It appearing that cause for grant of AND INDUSTRIAL UNION COUNCIL day of July 1965, that the motion is the relief requested lies in the fact that granted and that the prehearing con simultaneously with the filing of the in Order Scheduling Prehearing ference now scheduled for July 27, 1965, stant motion there was filed with the Conference be and the same is hereby rescheduled Commission a pleading entitled,"“Joint ; in re applications of Frederick B. for September 1,1965,9 am., in the Com Petition to Reconsider Designation for Livingston and Thomas L. Davis, doing mission’s offices, Washington, D.C. Hearing; To Reinstate Grant of KZYM Application; and To Grant KGMO Ap business as Chicagoland TV Cq., Chicago, R eleased: July 14, 1965. 111., “Docket No. 15668, Filé No. BPCT- plication” ; and 3116; Çhicago Federation of Labor and F ederal C ommunications It appearing that grant of the latter Industrial Union Council, Chicago, 111., C o m m is s io n , petition would exhaust cause for hear Docket No! 15708, File No. BPCT- [ s e a l ] B e n F. W a p l e , in g; and \ 3439; for construction permit for new Secretary. It further appearing that counsel for télévision broadcast station. [F.R. Doc. 65-7622; Piled, July 19, 1965; the Missouri-Illinois Broadcasting Co. The H earing Exam iner having fo r con 8:48 am .] and the Broadcast Bureau, the only sideration the Commission’s Memoran other parties to the proceeding, consent to grant of the instant motion and to dum Opinion and Order relating to .[Docket Nos. 15826,15827; PCC 65M-919] firmncia.i qualifications, released on July its early consideration: 2, 1965, in Ultravisiott Broadcasting Co., KXYZ TELEVISION, INC., AND CREST Accordingly, it is ordered. This 13th Docket No. 15254, and the public notice BROADCASTING CO. day of July 1965, that the Motion for in clarification thereof released on July Continuance filed by KGMO Radio- 8,1965; Order Scheduling Prehearing Television, Inc. (KGMO) on July 13, It appearing, that the said documents Conference 1965, is granted; and the dates for ex may he pertinent to this hearing, and an change o f exhibits and lists o f witnesses, In re applications of KXYZ Television, opportunity . should be afforded the now scheduled fo r July 13, 1965, and Inc., Houston, Tex., Docket No. 15826, hearing, now scheduled for July 20, 1965, parties to discuss the matter: File No. BPCT-3220; Crest Broadcasting It is ordered. This 13th day of July are all continued to September 30, 1965. Co., Houston, Tex., Docket No. 15827, 1965; th at a prehearing conference here File No. "BPCT-3302; for construction Released: July 15, 1965. in shall be convened on July 22, 1965, permit for new television broadcast F ederal C ommunications commencing at 9 d.m., in the offices of the station. C o m m is s io n , Commission at Washington, D.C. The Hearing Examiner having for [ s e a l] B e n F . W a p l e , Released: July 14, 1965. consideration the Commission’s Memo Secretary. F ederal C ommunications randum Opinion and Order relating to [F.R. Doc. 65-7624; FUed, July 19, 1965; financial qualifications, released on July C o m m is s io n , 8:48 am .] 2, 1965, in U ltravision Broadcasting Co., tsEALl B e n F . W a p l e , ■ |*■ '. Secretary. Docket No. 15254, and the public notice in clarification thereof released on July [Docket Noe. 15460,15461; FCC 65M-920] |PJl. Doc. 65-7621; Hied, July 19, 1965; 8, 1965; SYMPHONY NETWORK ASSOCIA 8:48 am .] It appearing, that the said documents may be pertinent to this hearing, and TION, INC., AND CHAPMAN RADIO [Docket Nos. 16074-16080; PCC 65M-916] an opportunity should be afforded the AND TELEVISION CO. parties to discuss the matter: RICHARD P. GREENSIDE ET AL. Order Scheduling Prehearing I t is ordered, This 13th day of July Conference Order Continuing Prehearing 1965, th at a prehearing conf erence herein In re applications of Symphony Net Conference shall be convened on July 21, 1965, com mencing at 9 a.m., in the offices of the work Association, Inc., Fairfield, Ala., In re applications of Richard P. Green- Commission at Washington, D.C, Docket No. 15460, File No. BPCT-3238; side, Mattapan, Mass., Docket No. 16074, William A. Chapman and George K. File No. 146-CD-64, and Richard P. Released: July 14, 1965. *’•. Chapman, doing business as Chapman Greenside, trading as Mobilwave, Matta F ederal C ommunications Radio and Television Co., Homewood, pan, Mass., Docket No. 16075, File No. C o m m is s io n , Ala., Docket No. 15461, File No. BPCT- 342-CEW54, fo r Class D station licenses [ s e a l I B e n F. W a p l e , 3282; fo r construction permits for a new in the Citizens Radio Service; Richard Secretary, . television broadcast station. P, Greenside, Mattapan, Mass., Docket (R ife Doc. 65-7628; Piled, July 19, 1965; The Hearing Examiner having for No. 16076, FileN o. 739-CC-64, for a Class 8:48 am .] consideration the applicants’ notices of C station license in the Citizens Radio intent to amend their applications pur S ervice.; • S i -n suant to Supplement No. 1 to the Com Michael S. Greenside, trading as Auto [Docket NoS. 10017,16019; PCC 65M-915] mission’s Fourth Report and Order m wave, Mattapan, Mass., Docket No. 16077, Docket No. 14229; the Commissions MISSOURI-ILLINOIS BROADCASTING Memorandum Opinion and Order relat File No. 664-CD-64; Bertha Greenside, CO. AND KGMO RADIO-TELEVI Mattapan, Mass., Docket No. 16078, File ing to financial qualifications, released No. 665-CD-64; William Greenside, Mat SION, INC. (KGMO) July 2,1965, in Ultravision Broadcasting Co., Docket No. 15254, and its pubnc tapan, Mass., Docket No. 16079, File No. Order Continuing Hearing 666-CD-64; Stephen R. Greenside, trad notice in clarification thereof, refused ing as Northwest TV, Mattapan, Mass., In re applications of Jerome B. Zim July 8, 1965; and the pleadings filed Dy Docket No. 16080, File No. 667-CD-64; mer and Lionel D. Speidel, doing busi Birm ingham Television Corp. seeking for Class D station licenses in the Citi ness as Missouri-Illinois Broadcasting intervention in this proceeding; Co., Cape Girardeau, Mo., Docket No. It appearing, that it would be appro zens Radio Service. priate to afford the parties an oppor The Hearing Examiner having under 16017, File No. BP-15057, for construc tion permit; KGMO Radio-Televisión, tunity to express th eir views on tnes consideration motion filed July 13, 1965, matters, and to set an early date for tne on behalf of Chief, Safety and Special Inc. (KGMO), Cape Girardeau, Mo., Docket No. 16019, File No, BR-2704, for filing of proposed findings herein: Radio Services Bureau, requesting that I t is ordered, This 13th day of JJJ the prehearing conference now scheduled renewal o f license. Under consideration is a Motion for 1965, that a prehearing conference herem for July 27, 1965, be rescheduled to a shall be convened on July 20, 1965, com date subsequent to August 3D, 1965; Continuance filed by KGMO on July 13, Tuesday, July 20, 1965 FEDERAL REGISTER 9073 mencing at 9:00 a.m., in the offices of the Released: July 15,1965. which is a matter within the delegated Commission at W ashington, D.C. jurisdiction of the Review Board; (b) F ederal C ommunications that requests for such forms of inter Released: July 14,1965. C o m m is s io n , locutory relief should be directed to the [ s e a l ] B e n F . W a p l e , F ederal C ommunications appropriate officials; and (c) that MST’s Secretary. C o m m is s io n , petition was improperly directed to the [ seal] B e n F. W a p l e , [FJR. Doc. 65-7627; FUed, July 19, 1965; Commission. Secretary. 8:49 a m .] 3. M S T has now filed a second petition [FJEl. Doc. 65-7625; Filed, July 19, 1965; for reconsideration, in which it notes 8:48 a.m.] [Docket Nos. 15841-15843; FCC 65-619] that we did not consider the merits of its previous petition for reconsideration WTCN TELEVISION, INC. (WTCN-TV), and urges that we reconsider and vacate [Docket No. 14760; FCC 65M-923] ET AL. our order of May 13th and that we treat on the merits its previous petition for TRIPLE C BROADCASTING CORP. Memorandum Opinion and Order (WLOR) reconsideration. MST argues that we Clarifying Issues erred in dismissing its previous petition Order Continuing Hearing In re applications of WTCN Television, in light of section 405 of the Communi Inc. (W TCN-TV), Minneapolis, Minn., cations Act, which provides that any In re application of Triple C Broad party may seek reconsideration of a final casting Corp. (W LOR), Thomasville, Docket No. 15841, File No. BPCT-2850; Midwest Radio-Television, Inc. (WCCO- order, and § 1.106(a) of our rules, which Ga., Docket No. 14760, F ile No. BP-14988; states that a designation order is not an for construction permit. TV), Minneapolis, Minn., Docket No. 15842, File No. BPCT-3292; United Tele interlocutory ruling. MST asserts that By mutual informal agreement and its petition for reconsideration was its request of all parties, together with the vision, Inc. (KM SP-TV), Minneapolis, Minn., Docket No. 15843, File No. BPCT- only means for seeking the relief re belief of the Hearing Examiner that a quested, and even assuming that there short continuance of the above-entitled 3293; fo r construction permits. 1. This proceeding involves the appli are other means to seek th at relief, which matter will actually expedite its conclu it denies, the failure to choose those sion: It is ordered, This 15th day of July cations of three Minneapolis, Minn., television stations for construction per . other means cannot be a proper ground 1965, that the hearing now scheduled for for dismissal of its petition. Both July 19,1965, is rescheduled to commence mits to move their transmitters to a new antenna farm. Each of the applications KMSP-TV and the Broadcast Bureau at 10 am., July 22,1965, in the Commis oppose M ST’s petition, and MST has filed sion's offices in Washington, D.C. was designated for hearing on issues to determine whether the proposed tower a reply. Released: July 15, 1965. height and location would constitute a 4. Since there may be some doubt un der our present rules as to the proper F ederal C ommunications menace to air navigation. The appli forum to consider MST’s requests, we be C o m m is s io n , cation of United Television, Inc. (here lieve that the better procedure would be [ seal] B e n F . W a p l e , inafter KM SP-TV), proposing a trans Secretary. m itter site which is located 21.4 miles to consider MST’s original petition on its less than the minimum required separa merits in order that this matter may be [F.R. Doc. 65-7626; Filed, July 19, 1965; disposed of in an orderly and expeditious 8:49 ajn .] tion from W A O W -T V , Wausau, W is., was additionally designated for hearing on manner. Accordingly, we will grant issues to determine: (a) Whether it Was MST’s present petition for reconsidera [Docket Nos. 15254,15255; FCC 65M-922] entitled to waiver of § 73.610(a) (requir tion, set aside our order (FCC 65-406, released May 13, 1965) dismissing its ULTRAVISION BROADCASTING CO. ing a minimum mileage separation of 190 miles between cochannel VHP sta previous petition for reconsideration, and AND WEBR, INC. tions in Zone I I ), (b) whether it should consider that previous petition on its be required to afford “equivalent protec m erits. Order Scheduling Further Prehearing 5. As we have stated, MST’s original Conference tion” to cochannel station WAOW-TV, Wausau, Wis., on the basis of the stand petition requested dismissal of KMSP- In re applications of Florian R. Bur- ards set forth in Docket No. 13340, and TV’s application or revision of the desig czynski, Stanley J. Jasinski and Roger K. (c) the service gains and losses arising nation order to require that KMSP-TV Lund, doing business as Ultravision out of KMSP-TV’s proposal, as well as prove that it cannot use a transmitter Broadcasting Co., Buffalo, N.Y., Docket the availability of other television sig site which is consistent with our rules. No. 15254, File No. BPCT-3200 WEBR, nals to those areas and populations. MST first urges that there is an avail Inc., Buffalo, N .Y., Docket No. 15255, 2. Th e la tte r issues concerning K M S P - able area within Which KM SP-TV could Pile No. BPCT-3211; for construction TV were raised by the Association of locate its transmitter and meet all sep permits for new television broadcast sta Maximum Service Telecasters, Inc. aration requirements, that KMSP-TV tions. (hereinafter M ST), which urged that an has not shown any reason why it could A further prehearing conference will alternative transmitter location is avail not locate its transmitter in this avail be held on July 26, 1965, beginning at 9 able for KMSP-TV, meeting all of our able area, and that KM SP-TV’s applica 8Jn., in the offices of the Commission, spacing requirements. After being made tion should be dismissed since it has Washington, D.C. a party respondent in this proceeding, failed to make a threshold showing of The matters to be discussed will in MST filed a petition for partial recon good cause for waiver of our rules. clude but will not be limited to the fol sideration of our designation order (FCC 6. MST points out that our designation lowing: 65-103, released February 15, 1965). order held that an applicant need not a. To what extent, if any, either pari MST requested dismissal of KM SP-TV’s prove that it is unable to obtain a site in will amend its presently pending appl application or, in the alternative, revi some area other than the one it has cation pursuant to authorization coi sion of the designation order so that chosen and that an objector has an obli tamed in a Memorandum Opinion ar KMSP-TV would be required to prove gation to furnish facts indicating that Order adopted June 30, 1965, release that it cannot use a transmitter site a site meeting spacing requirements is July 2, 1965, in Ultravision Broadcasts meeting the mileage separations of available. MST asserts that KMSP-TV £?•* et al. (FCC 65-581; Mimeo N § 73.610 of our rules. By our order (FCC must show good cause for waiver, since b.a5 * ’ as e d if ie d by a public noti< 65-406, released May 13, 1965), MST’s it has failed to comply with the spacing adopted July 7, 1965, released July petition was dismissed on the grounds, requirements of our rules; that an ob 1965 (FCC 65—595; M im eo No. 69657) .- inter alia: (a) That its petition was in jector does not have to show that the b. The feasib ility o f establishing a t th effect both a petition requesting dismissal rule should be enforced; and that KM SP- a .^a^e *or the resumption of tl of an application, which is a matter TV, therefore, must demonstrate that its evidentiary hearing in this proceeding. within the delegated jurisdiction of the channel could not be used satisfactorily it is so ordered, This the 14th day < presiding examiner, and a petition seek in an area meeting the spacing require July 1965. ing to modify the designated issues, ments. MST, accordingly, asks us to 9074 NOTICES revise the designation order to make properly designated for hearing rather a nonaffiliate, approximately 0.12 acres clear that KMSP-TV has the burden of than being dismissed as MST urges. of land, together with the three-story proving that it cannot use a transmitter Thus a full record may be compiled of office building located a t 18-20 South site complying with § 73.610 of our rules. all of the factors which must be weighed Street, Morristown, N.J., for a cash con 7. The Broadcast Bureau notes that in order to determine whether grant of sideration o f $150,101. Th is property KMSP-TV selected its transmitter site its application would serve the public was acquired by JCP&L on March 27, in a joint effort to obtain FAA approval interest. As we have stated, KMSP-TV 1925, upon the merger into it of one of of the proposed antenna farm, that has the burden of establishing that its its predecessor constituent corporations KM SP-TV filed its application to obtain proposal will serve the public interest in and had been acquired by the latter in better coverage, and that KMSP-TV light of all of the factors bearing upon 1917 and 1924. JCP&L has used these claim s that by its proposal 27,000 persons that determination. In addition, how premises as a Division Office Headquar would receive their first television service, ever, if KM SP-TV disputes the allegation ters for approximately 40 years and fol 208,000 persons th eir second such service, that there is another transmitter site lowing consummation of the proposed and 422,000 persons a new television serv available which is consistent with our sale w ill continue to occupy th e premises ice. The Bureau urges that KMSP-TV rules and which would provide equivalent as a tenant pursuant to the terms of an has alleged sufficient facts in support of service for the public, it has the risk of agreement with the purchaser until the its request for waiver of the rule to war nonpersuasion on this question. After com pletion o f a new building being con rant this hearing (i.e., it has made the completion of the hearing, the evidence structed for that purpose in the Town necessary threshold showing), particu presented will be evaluated to determine o f M orristown, which new building is ex larly since the grant of WAOW-TV’s whether the public interest would be bet pected to be completed in 1966. The recent transmitter relocation, conditioned ter served by grant or denial of KMSP- filin g states th at the proposed sale price upon equivalent protection to KMSP-TV, T V ’s application. was determined by competitive bidding was made without prejudice to our con Accordingly, it is ordered, This 14th in accordance w ith the rules o f the Board sideration of KM SP-TV’s pending appli day of July 1965, that the petition for o f Public U tility Commissioners o f the cation (FCC 64-1050, released Novem reconsideration, filed on June 3, 1965, by State of New Jersey, invitations for such ber 13, 1964). KMSP-TV agrees with The Association of Maximum Service bids having been published on December the Bureau and also opposes MSTs Telecasters, Inc., is granted; and 22 and December 29, 1964, and bids hav original petition. I t is further ordered, That the Order, ing been received on January 21, 1965. 8. We are convinced that a television FCC 65-406, released May 13, 1965, is JCP&L carries this property at the applicant seeking waiver of § 73.610(a) hereby set aside; and original cost thereof of $11,916.01 for of our rules should have the burden of I t is further ordered, That the petition land and $81,878.21 fo r buildings and proving every element necessary to show for partial reconsideration, filed on improvements, or an aggregate of that the public interest will be served March 17, 1965, by The Association of $93,794.22; and estim ates that its re by the requested derogation of our rules. Maximum Service Telecasters, Inc., is serve for depreciation applicable to said Since the applicant seeks waiver of our granted to the extent reflected herein property amounted to $47,667 as at rules, this is not like the situation in arid is denied in all other respects; and April 30,1965. which an objection is made to the appli I t is further ordered, That the hearing It is further stated that the Board of cant’s proposal on the ground that, al in this proceeding shall be heard on the Public U tility Commissioners of the though it complies with the rules, a bet basis of the issues specified in the order State o f New Jersey has approved the ter service could be provided by another of designation, released February 15, proposed sale; that, by reason of sec proposal. In the latter situation, it is 1965 (FCC 65-103), as clarified herein. tion 318 of the Federal Power Act, the clear that the complexities of consider Released: July 14, 1965. Federal Pow er Commission does not have ing alternative proposals require that the jurisdiction over the proposed sale and F ederal C ommunications hearing be limited to the applicant’s transfer by JCP&L if such sale and trans C o m m issio n ,1 specific proposal, but where the appli fer are authorized by this Commission [ seal] B e n F. W aple, under the Act; and that no other State cant seeks waiver of our rules, we agree Secretary. with MST that the applicant has the commission or Federal commission, other burden of proof on the question, if it is [FJEt. Doc. 65-7628; Plied, July 19, 1965; than this Commission, has jurisdiction raised, as to whether there are other sites 8:49 a.m.] over the proposed transaction. which would equally serve the public in The fees and expenses Incurred in terest and, at the same time, comply connection With the proposed transac with our rules. The applicant may con tions are estim ated a t $2,200, including cede that other transmitter sites meet SECURITIES AND EXCHANGE legal fees o f $500. ing our rules are feasible, but argue that, Notice is further given that any in for other overriding public interest rea COMMISSION terested person may, not later than sons, it should be authorized to build at [File No. 70-4293] August 3, 1965, request In writing that a hearing be held in respect of such its proposed short-spaced site. However, JERSEY CENTRAL POWER & LIGHT CO. if the applicant urges that one of the matters, stating the nature of his in reasons for the relief sought is that no Notice of Proposed Sale of Assets terest, the reasons for such request, and conforming location is available, then it the issues of fact or law which he de should have the burden of proving that Ju l y 14, 1965. sires to controvert; or he may request fact, too. And where as here, another Notice is hereby given th at Jersey Cen that he be notified should the Com mission order a hearing in respect party alleges that transm itter sites m eet tral Power & Light Co. (“JCP&L”), Mor ing the rules are available from which ristown, N.J„ 07960, a public-utility sub thereof. Any such request should be ad dressed: Secretary, Securities and Ex the asserted public interest considera sidiary company of General Public Util ities Corp., a registered holding company, change Commission, Washington, D.C.. tions, or their equivalents, can be 20549. A copy of such request should achieved, then the objecting party should has filed a declaration, pursuant to the Public Utility Holding Company Act of be served personally or by mail (airmail have the burden of going forward with i f the person being served is located more the evidence on this question, but the 1935 (“Act”), designating section 12(d) of the Act and Rule 44 thereunder to the than 500 miles distance from the point applicant, if it does not concede the of mailing) upon the declarant at the facts alleged, has the burden of per extent applicable to the proposed trans action. All interested persons are re above-noted address; and proof of serv suasion on this as on other issues which ice thereof (by affidavit or, in case of an must be resolved in order to reach a ferred to said declaration on file in the office of the Commission for a statement attorn eÿ-at-law , by certificate) should final determination on its request for be filed contemporaneously with the re w aiver. of the proposed transaction which is summarized as follows: quest. At any time after said date, the 9. In this proceeding, KMSP-TV has JCP&L proposes to sell to the First declaration, as filed or as it may be made a sufficient threshold showing of National Iron Bank of Morristown, N.J., amended, may be permitted to how its proposal would improve televi effective as provided in Rule 23 of tn sion service for the public in the sur 1 Dissenting statement of Commissioner general rules and regulations promu- rounding area so that its application was Loevinger filed as part of original document. gated under the Act, or the Commissio Tuesday, July 20, 1965 FEDERAL REGISTER 9075 may grant exemption from such rules as the two films is converted to cash. No For the Commission (pursuant to dele provided in Rules 20(a) and 100 thereof, further investment in securities will be gated authority). or take such oth er action as it m ay deem made. The final liquidating dividend [ seal] N e ll y e A. T horsen, appropriate. will be paid and complete dissolution ef Assistant Secretary. fected when the investment in the two For the Commission (pursuant to dele films is fully realized or sold. [FJR. Doc. 65-7598; Filed, July 19, 1965; gated a u th o rity). A ll of applicant’s undistributed assets, 8:46 a m .] [seal] N e lly e A. T horsen, net of its outstanding liabilities, will be Assistant Secretary. held solely for the benefit of its share [File No. 70-4291] holders by Mercantile Bank & Trust Co. [P.R. Doc. 65-7597; Filed, July 19, 1965; WASHINGTON GAS LIGHT CO. 8:46 a.m.] (“Bank”), Kansas City, Mo., as Cus todian pursuant to the Custodianship Notice of Proposed Acquisition by Agreement between applicant and Bank [811-823] dated March 24, 1959. All income de Exempt Holding Company of Com mon Stock of Nonassociate Public MOTION PICTURE INVESTORS, INC. rived from the distribution of the two motion pictures will be deposited with Utility Co. Notice of Application for Order De the Custodian. Ju l y 14,1965. claring That Company Has Ceased Section 8(f) of the Act provides in Notice is hereby given that Washing To Be Investment Company pertinent part, that when the Commis ton Gas Light Co. (“Washington” ) 1100 sion, on application, finds that a regis H Street NW ., W ashington, D.C., 20005, a Ju l y 14,1965. tered investment company has ceased to public-utllty company and an exempt Notice is hereby given that Motion be an investment company, it shall so holding company pursuant to Rule 2 pro Picture Investors, Inc. (“applicant”) , declare by order and upon the taking ef mulgated under the Public Utility Hold 1000 Power & Light Building, Kansas City fect of such order, the registration of ing Company Act of 1935 (“Act”), has 5, Missouri, a Missouri corporation and a such company shall cease to be in effect: filed with this Commission an applica management, closed-end, nondiversifled Provided, however, That if necessary for tion, pursuant to sections 9(a) (2) and investment company registered under the protection of investors, such an order 10 of the Act, for approval of the acqui the Investment Company Act of 1940 may be made upon appropriate condi sition of the common stock of Martins- (“Act”) , has filed an application pursu tions. Applicant requests an order of burg Gas & Heating Co. (“Martins- ant to section 8 ( f ) o f the A ct fo r an order the Commission declaring that it has burg”), a nonassociated public-utility declaring that applicant has ceased to ceased to be an investm ent company con company. be an investment company. All inter ditioned as follows: (1) That applicaht All interested persons are referred to ested persons are referred to th e ,a p - will file with the Commission abbrevi the application on file at the office of the plication on file with the Commission for ated quarterly unaudited financial re Commission for a statement of the pro a statement of the representations which ports with respect to its progress in the posed transactions and related facts, are summarized below. distribution of the two films referred to which are summarized as follows: Applicant filed its notification of regis in its application, commencing with the Washington has options to purchase, tration pursuant to section 8(a) of the fiscal quarter ending June 30, 1965; and and proposes to acquire, 91.69 percent of Act on July 9, 1958. On July 11, 1958, (2) that applicant will furnish its share the 200,000 outstanding shares of $1.00 applicant filed its Registration State holders and the Commission with annual par value common stock of Martinsburg ment on Form N-8B-4 and subsequently unaudited financial statements for all in exchange for shares of Washington’s issued 43,619 o f th e 200,000 shares being fiscal years ending after March 31, 1965 no par value common stock, on the basis offered thereunder. Applicant states *(at the time such statements would of 1 share of Washington common stock that as o f M arch 31, 1965, such shares otherwise have become due if applicant for each 10 shares of Martinsburg. I n were held by approximately 390 persons. had continued to be a registered invest addition, Washington proposes to offer The application states that at the an ment company), until such time as ap to acquire the remaining outstanding nual meeting o f the shareholders o f ap plicant is fully dissolved and liquidated. shares of Martinsburg common stock on plicant, held on December 10, 1963, a Notice is further given that any in the same exchange basis. No fractional proposal was adopted to dissolve and terested person may, not later than shares of Washington’s common stock liquidate applicant. In connection with August 6, 1965, at 5:30 p.m„ submit to will be issued in connection with the this proposal, all of applicant’s listed se the Commission in writing A request for proposed transactions. Arrangements curities have been sold, and applicant a hearing on the matter accompanied w ill be made whereby M artinsburg stock has made two liquidating distributions. by a statement as to the nature of his holders otherwise entitled under the ex The first such distribution of $5.00 per interest, the reason for such request and change offer to a fractional share of' share, aggregating $218,095.00, was made the issues of fact or law proposed to be Washington will be enabled, through the on December 20,1963. The second such controverted, or he may request that he Riggs National Bank, as Agent, either to distribution of $1.00 per share, aggre be notified if the Commission shall order sell up to nine shares of Martinsburg for gating $43,619.00, was made on October a hearing thereon. Any such communi cash or purchase a maximum of nine 22,1964. cation should be addressed: Secretary, shares to make up one full share of As o f March 31, 1965, applicant’s re Securities and Exchange Commission, Washington. Expenses of the Agent maining assets (adjusted to reflect the W ashington, D.C., 20549. A copy o f such will be borne by Washington. het proceeds on the sale of certain port request shall be served personally or by Washington is engaged in the distri folio securities on M ay 12 and 13, 1965) mail (airmail if the person being served bution of natural gas at retail in the Dis consisted of (1) cash in the amount of is located more than 500 miles from the trict of Columbia and in adjoining areas $15,153.27 and (2) its investments in the point of mailing) upon Motion Picture of Maryland and Virginia. It has two "Wo motion pictures which it is now dis Investors, Inc., at the address stated gas ultility subsidiary companies which tributing, “The Checkered Flag” and above. Proof of such service (by affi distribute natural gas in Frederick Coun Trigger Happy”, which have a book davit or in case of an attorney-at-law ty of Virginia, Berkeley and Jefferson value o f $62,217.25. Applicant’s li by certificate) shall be filed contempo Counties of West Virginia, and Frederick abilities, as of that date, totaled $2,139.87, raneously with the request. At any time County of Maryland. The Washington It is represented that applicant will after such date, as provided by Rule 0-5 system’s supply of natural gas is pur continue to distribute these two films in of the rules and regulations promulgated chased from The Columbia Gas System, an effort to recoup its investment and under the Act, an order disposing of the Inc., and, to a relatively minor extent, |n addition, will attempt to sell outrighl application herein may be issued by the from Transcontinental Gas Pipe Line its interest in the films. At present, ap Commission upon the basis of the infor Corp. At April 30, 1965, Washington’s plicant does not know of any prospec mation stated in said application, unless consolidated assets amounted to tive purchaser for this interest. Fur an order for hearing upon said appli $241,803,000, and fo r the year ended on ther liquidating dividends will be paid cation shall be issued upon request or that date its consolidated revenues and from time to time as the investment in upon the Commission’s own motion. n e t income amounted to $94,719,000 and 9076 NOTICES
$8,848,000, respectively. As o f the same miles from the point of mailing) upon cordance with the rules of practice and date Washington had outstanding, in the applicant at the above address, and procedure (18 CFR 1.8 or 1.10), on or addition to debt securities and preferred proof of Service (by affidavit or, in case before August 4,1965. stocky 3,122,561 shares o f no par value of an attomey-at-law, by certificate) Take further notice that, pursuant to common stock, listed on the New York should be filed contemporaneously with the authority contained in and subject Stock Exchange and on the Philadelphia- the request. At any time after said to the jurisdiction conferred upon the Baltimore-Washington Stock Exchange. date, the application, as filed or as Federal Power Commission by sections 7 Martinsburg, a West Virginia corpora amended, may be granted, as provided and 15 of the Natural Gas Act and the tion, is engaged in the distribution of in Rule 23 of the general rules and regu Commission’s rules o f practice and pro natural gas at retail in the city of Mar lations promulgated under the Act, or cedure, a hearing w ill be held without tinsburg and environs in Berkeley Coun the Commission may grant exemption further notice before the Commission on ty, W. Va.—a distance of about 75 miles from such rules, as provided in Rules 20 all applications in which no protest or from Washington, D.C. Martinsburg is (a) and 100 thereof or take such other petition to intervene is filed within the connected to, and purchases its supply action as it may deem appropriate. tim e required herein, i f the Commission of natural gas from, Washington’s sub on its own review o f the m atter believes For the Commission (pursuant to dele that a grant of the certificates or the sidiary company, Shenandoah Gas Co. gated authority). Martinsburg also conducts a relatively authorization fo r the proposed abandon small L-P gas business which, simul [ seal] N ell ye A. T horsen, ment is required by the public conven taneously with the consummation of the Assistant Secretary. ience and necessity. Where a protest or proposed transactions, is to be sold at petition for leave to intervene is timely [F.R. Doc. 65-7599; Filed, July 19, 1965; filed, or where the Commission on its own the net book value thereof. At April 30, 8 :4 6 a .m .] 1965, Martinsburg’s assets amounted to motion believes that a formal hearing is $998,628, and fo r the year then ended required, fu rth er notice o f such hearing its gross revenues and net operating in will be duly given: Provided, however, come (exclusive of relatively small That pursuant to § 2.56, Part 2, State amounts derived from the L-P gas busi FEDERAL POWER COMMISSION ment of General Policy and Interpreta ness) amounted to $508,000 and $48,437, [Docket Nos. G-12175 etc.] tions, Chapter I of Title 18 of the Code o f Federal Regulations, as amended, all respectively.':" HUMBLE OIL & REFINING CO. ET AL. On June 21, 1965, the date of the ex perm anent certificates o f public conven ience and necessity granting applications, change agreem ent, the 20,000 shares o f Notice of Applications for Certificates, filed after April 15,1965, without further Washington’s common stock to be issued Abandonment of Service and Pe notice, w ill contain a condition preclud (assuming all of Martinsburg’s 200^000 ing any filing of an increased rate at a outstanding shares are exchanged) had titions To Amend Certificates and Pending Certificate Application 1 price in excess of that designated for the an aggregate market value of approxi particular area of production for the m ately $720,000, as compared w ith an Ju l y 13,1965. period prescribed therein unless at the aggregate underlying book value of ap Take notice that each of the Appli tim e o f filin g such certificate application, proxim ately $398,000 o f M artinsburg’s or w ithin the tim e fixed herein for the outstanding shares. Washington pro cants listed herein has filed an applica tion or petition pursuant to section 7 of filing of protests or petitions to intervene poses to record its investment in Mar the Applicant indicates in writing that it tinsburg at cost, equal to the market the Natural Gas Act for authorization to sell natural gas in interstate commerce is unwilling to accept such a condition. value of its shares issued in exchange In the event Applicant is unwilling to plus related expenses, and, in consolida or to abandon service heretofore author ized as described herein, all as more fully accept such condition the application will tion, to charge to consolidated earned be set for formal hearing. surplus the excess of such recorded value described in the respective applications and amendments which are on file with Under the procedure herein provided over the underlying book amount of the for, unless otherwise advised, it will be Martinsburg shares. the Commission and open to public inspection. unnecessary for Applicants to appear or The application states that the acqui be represented at the hearing. sition of the Martinsburg stock and the Protests or petitions to intervene may be filed with' the Federal Power Com : Joseph H . G utride, issuance of the Washington stock (in Secretary. cluding the accounting in respect there mission, Washington, D.C., 20426, in ac of) are subject to the approval of the Pres Docket No. and Price per Public Service Commission of the District sure D ate filed A pplicant Purchaser, field, and location M o f of Columbia and the State Corporation base Commission of Virginia; and that copies of the orders of such commissions will G-12175. „ Humble Oil & Refining Co., Post Northern Natural Gas Co.» Hans Assigned be filed as an amendment to the appli D 7-6-65 Office Box 2180, Houston, Tex., ford Field, Hansford and Hutchin 77001. son Counties, Tex. cation. The fees and expenses to be in 15.325 G-12699___ Bone Creek Gas Co. (successor to ConsoUdated Gas Supply Carp., 20.0 curred by Washington in connection £ 7-1-65 Marathon OU Co.), c/o David D . Union District, Ritchie County, with the proposed transactions are es Taylor, President, Allegheny W . V a . L a n d & Mineral Co., agent, 318 timated at $5,500, including accountant’s Professional Bldg., Clarksburg, fees and expenses of $2,OOO and the ex W . V a ., 26301. 15.025 G-13680- — Continental OU Co., Post Office Tennessee Gas Transmission Co., 120.625 change agent’s fees and expenses of $500. C 7-6-65 B o x 2197, H ouston , T ex., 77001. VermUion Block 46 Field, Off shore, La. _ The fees and expenses of Martinsburg *9.0 1465 are estimated not to exceed $500. G-17022... Soeony Mobü OU Co., Ipc. (suc West Lake Natural Gasoline Co., E 7-2-65 cessor to Franco Western OU Co., Nena Lucian Field, Nolan Notice is further given that any in a division of Franco Wyoming County, Tex. terested person may, not later than Au OÜ Co.), Post Office Box 2444, Houston, Tex., 77001. «15.30 14.65 gust 12, 1965, request in writing that a G-17189 « . . I . R. H. Siegfried, Inc., et al., Post Natural Gas Pipeline Co. of Amer hearing be held on such matter, stating' C 6-21-65 * Office B o x 838, T u lsa , Okla., ica, South Cundifif Field, Jack 7-6-65 8 74101. County, Ter. 5.0 1465 the nature of his interest, the reasons G-18812____ _ Morris R. AntweU d.b.a. Hobbs West Lake Natural Gasoline Co., for such request, and the issues of fact E 7-6-65 Pipe and Supply Co. (successor South Lake Trammel Field, to Hanley Co., Operator), c/o N o la n C ou n ty, T ex. or law raised by said application which Ann E . Headstream, Bookkeeper, he desires to controvert; or he may re Box 2010, Hobbs, N . Mex. quest that he be notified if the Commis Filing Code: A —Initial service. sion should order a hearing thereon. B—Abandonment. C—Amendment to add acreage. Any such request should be addressed: D — A m endm ent to delete acreage. Secretary, Securities and Exchange Com E — Succession. F — Partial succession. mission, Washington, I>.C., 20549. A See footnotes at end of table. copy of such request should be served personally or by mail (airmail if the per 1 This notice does not provide for consolidation for hearing of the several matters covered son being served is located more than 500 herein, nor should it be so construed. Tuesday, July 20, 1965 FEDERAL REGISTER 9077
Protests or petitions to intervene may Docket N o . and Price per Pres be filed with the Federal Power Commis Date filed A pplican t Purchaser, field, and location M c f sure base sion, Washington, D.C., 20426, in ac cordance with the rules of practice and C162-1200 L ~ — Graham-Michaelis Drilling Co. Northern Natural Gas C cl, H arper 0 procedure (18 CFR 1.8 or 1.10), and the D 6-28-66 (Operator) ,etal.,c/o W . F. Schell, Ranch, North Morrow Sand Pool, regulations under the Natural Gas Act attorney, 1400 Wichita Plaza Clark County, Nans. Bldg., Wichita, Nana. (Partial (157.10), on or before August 6, 1965. Abandonment).* Take further notice that, pursuant to C163-150------Sunray D X Ou Co., Post Office Northern Natural Gas Co., acreage Depleted the authority contained in and subject D 6-17-65 Box 2039, Tulsa, Okla* 74102 In Beaver County, Okla. (Partial abandonment). to the jurisdiction conferred upon the C163-1241..*.„- Union Oil Company of California, Michigan Wisconsin Pipe Line Oo., 17.0 14.65 Federal Power Commission by sections 7 0 7-6-65 Union Oil Center, Los Angeles, Northwest Chester Meld, Wood Calif., 90017. ward County, Okla. and 15 of the Natural Gas Act and the 0164-902______Delta Drilling Co. (Operator), et Northern. Natural Gas Co., Ozona 16.0 14.65 Commission’s rules of practice and pro 0 7-6-66 al., Post Office Box 2012, Tyler, Area, Crockett County, Tex. T e x . cedure, a hearing will be held without CI65-881------Union Texas Petroleum, a division Northern Natural Gas Oo., Rosston 17.0 14.66 further notice before the Commission on 07-2-66 of Allied Chemical Oorp., Post Area^llarper County, Okla. Office Box 2120, Houston, Tex* this application if no protest or petition 77001. to intervene is filed within the time re 0165-755------— Texas Crude Oil Co. (Operator), El Paso Natural Gas Oo* Sonora 16.0 14.65 quired herein, if the Commission on its 0 7-2-65 et al., 2601 Ridgmar Plaza, Post Field, Sutton County, Tex. Office Box 12405, Fort Worth, own review of the matter finds that a T ex., 76116. grant of the certificate is required by 0166-1...... Southern Union Production Co., Arkansas Louisiana Gas Co., Gil • 12.03 14.65 A M -6 5 Fidelity Union Tower, Dallas, mer Area, Upshur County, Tex. the public convenience and necessity. If T ex., 75201. a protest or petition for leave to inter CI66-2_„..------Delta Corp., 766 First National Northern Natural Gas Co., South 17.0 14.65 vene is timely filed, or if the Commission A 7-2-65 Bldg., Oklahoma City 2, Okla. east Logan Field, Beaver County, Okla. on its own motion believes that a formal 0166-3------. . . Northwest Production Oorp., Post El Paso Natural Gas Co., South 13.0 15.025 hearing is required, further notice of A 7-2-65 Office Box 1796, E l Paso, Tex., Blanco Field, Rio Arriba County, 79949. N . M ex . such hearing will be duly given. 0166-4...... Humble Oil & Refining Co., Post Natural Gas Pipeline Co. of Amer 17.0 1165 Under the procedure herein provided A 7-2-66 Office Box 2180, Houston, Tex., ica, Putnam Field, Dewey 77001. County, Okla. for, unless otherwise advised, it will be CI66-5...... Austral Oil Go., Ine. (successor to E l Paso Natural Gas Co., San Juan 13.0 15.025 unnecessary for Applicant to appear or F 7-2-65 Socony M obil Oil Co., Inc.), 2700 Basin, San Juan and Rio Arriba Humble Bldg., Houston, Tex., Counties, N . Mex. be represented at the hearing. 77002. J o s e ph H . G u t r id e , 0166-6...... Phillips Petroleum Co., Bartlesville, Cities Service Gas Co., Bradley W B 7-2-65 O kla., 74004. Plant, Golden Trend Area, Garvin Secretary. County, Okla. CI66-7...... J. F. Stephenson (Operator), et al., Lone Star Gas Co., acreage in Carter 15.0 1165 [F.R. Doc. 65-7601; Filed, July 19, 1965; A 7-6-65, c/o George N . O tey, Jr., attorney, County, Okla. 8:46 a.m.] Post Office Box 758, Ardmore, O kla., 73401. CI66-8...... Austral Oil Co., Inc. (Operator), Arkansas Louisiana Gas Co., North « 13.453 15.025 A 7-6-65 ’ et al., 2700 Humble Bldg., Hous west Colquitt Field, Claiborne [Docket No. QP66-2] ton, Tex., 77002. Parish, La. CI66-9______The Bradley Producing Corp., 313 Michigan Wisconsin Pipe Line Co., 19.5 1165 WISCONSIN POWER AND LIGHT CO. A 7-6-65 North Main Street, Wells ville, Northeast Cederdale Field Area, N.Y. Major County, Okla. 0166-10 Calvert-Mid America, Ine., 4th M ich igan W isconsin P ip e L in e Co., «1 7 .0 1165 Notice of Application A 7-6-65 Floor, National Bank of Tulsa Laverne Field, Harper County, Bldg., Tulsa, Okla., 74103. Okla. Ju l y 12,1965. CI66-11____ E d w in I t . Cox, 2100 Adolphus Tow Penton & Penton, acreage in Bean- 15.3 15.025 A 7-6-66 er. Dallas, Tex., 75202. regard Parish, La. Take notice that on July 2, 1965, Wis 0166-12. American Trading and Production El Paso Natural Gas Oo., Brown- »1 1 .5 1165 consin Power and Light Co. (Applicant), A 7-6-65 Corp., Post Office Box 238, Balti Bassett Field, Crockett County, - 122 West Washington Avenue, Madison, m ore, M d ., 21203. Tex. Wis„ filed in Docket No. CP66-2 an ap plication pursuant to section 7(a) of 1 Includes 1.625 cents per M c f tux reimbursement. 2 Bate In effect subject to refund in Docket N o . RI65-322. the Natural Gas Act for an order of •Application previously noticed July 1,1065, In Docket N o s. G-3083, et al. at a total initial price of 15.80 cents per the Commission directing Michigan Wis Mcf—Inclusive of 0.80 cent estimated; B.t.u. adjustment. * In additon to adding acreage am endm ent is also to in d u d e nam e of signatory coowner u nder contract. consin Pipe Line Co. (Michigan Wiscon 1 Corrected application filed to reflect a total Initial price o f 15.30 oents in lieu o f 15.80 cents per M e t sin), to extend its gas transportation ‘ Includes0.25 cent dehydration allowance and 0.80cent estimated B.t.u. adjustment. facilities near Marion, Wis., to establish 2 Pending—no permanent certificate issued; temporary authorization granted June 28, 1062, covering subject sale. * Partial abandonment insofar as acreage covered under F P C G B 8 No. 50, due to depletion of reservoir and water physical connection of such facilities intrusion. with facilities to be constructed by Ap ‘ Subject to reduction for treating and compression charges. “ Gas sales contract provides for the sale of surplus residue gas rem aining at B rad ley P la n t after the fulfillm ent of plicant and to sell natural gas to Appli P™ r contract commitments. There has been no surplus gas available for delivery under this contract since January cant for distribution and resale in 1962, and there is no foreseeable prospect of future deliveries thereunder. “ Includes 1.333 cents per M c f tax reimbursement, Marion, DuPont, Larrabee, and Grant, j?Subject to B .t.u . adjustment. Wis., all as more fully set forth in the " 16.0 cents less 4.6 cents for diluent removal. application which is on file with the [FJt. Doc. 65-7600; Filed, July 19,1965; 8:45 a.m.I it Commission and open to public inspec tion. Applicant requests that Michigan Wis [Docket No. CP66-4] Motor Co. (Ford) from 8,300 Mcf per consin construct and operate approxi TENNESSEE NATURAL GAS LINES, INC. day to 14,300 Mcf per day, all as more mately 4 miles of 4-inch lateral and a fully set forth in the application which is gate station for the delivery of gas to Notice of Application oh file with the Commission and open to Applicant near Marion. The lateral public inspection. would extend from Michigan Wisconsin’s Ju l y 12, 1965 The application states that Ford de Weyauwega-Marinette transmission line. Take notice that on July 6,1965, Ten sires to shift the 6,000 M cf per day from The estimated volumes of natural gas nessee Natural Gas Lines, Inc. (Appli- interruptible to firm because of difficul necessary to meet annual and maximum 1003 Nashville Trust Building, ties experienced in plate glass manufac day requirements for the first 3 years of Nashville 3, Tenn., filed in Docket No. turing. A similar change was heretofore operation of the project are as follows: CP66-4 an application pursuant to sec- authorized in Docket Nos. G-19302 and T(c) of the Natural Gas Act for a CP61-27 to correct difficulties in window First Second T h ird certificate of public convenience and glass manufacturing. Originally, Ford year year year necessity authorizing an increase in A p - used only interruptible service. P icant’s presently authorized firm serv Anrmal (M cfl 30,822 73,312 118,677 No new facilities will be required to Maximum d ay (M cf) . 321 637 625 ice to the Nashville Glass Plant of Ford render the proposed service. No. 138------5 9G78 NOTICES
Applicant proposes to construct a reg Office, Disaster No. 2-65 (30 F F . 7409), 13. To take all necessary actions in ulator station, 4.4 miles of 4-inch lateral is hereby rescinded in its entirety. connection with the administration, servicing, collection and liquidation of all extending from the gate station to be Effective date. July 16, 1965. constructed by Michigan Wisconsin to loans and other obligations or assets, in Marion and a distribution system in T homas e . G ause, cluding collateral purchased; and to do Marion at a total estimated cost of Regional Director, Chicago, III. and perform and to assent to the doing $263,710. The cost of construction is to [F.R. Doc. 65-7593; Filed, July 19, 1965; and performance of, all and every act be financed from funds on hand or funds 8:45a.m.] and thing requisite and proper to effectu made available from the sale of securi ate the granted powers, including with ties as may be necessary as part of Ap out limiting the generality of the fore [Delegation of Authority 30—New York going: plicant’s overall construction program. Area (Revision 1) ] Protests or petitions to intervene may a. Th e assignment, endorsement, be filed with the Federal Power Com NEW YORK AREA transfer, and delivery (but in all cases mission, Washington, D.C., 20426, in ac without representation, recourse or war cordance with the rules of practice and Delegation of Authority To Conduct ranty) of notes, claims, bonds, deben procedure (18 CFR 1.8 or 1.10), on or Program Activities in Regional tures, mortgages, deeds of trust, con before August 6, 1965. Offices tracts, patents, and applications therefor, licenses, certificates of stock and of de Joseph H. G utride, 1. Pursuant to the authority delegated posit, and any other liens, powers, rights, Secretary. to the Area Administrator by Delegation charges on and interest in or to property [F.R. DOC. 65-7602; Filed, July 19, 1965; of Authority No. 30 (Revision 10), 30 of any kind, legal and equitable now or 8:46 a.m.] F.R . 972, as amended, 30 F.R. 2742, the hereafter held by the Small Business following authority is hereby redelegated Administration or its Administrator; to the Regional Directors of the New [Project No. 1971] b. The execution and delivery of con York, Puerto Rico, and Syracuse Re tracts of sale or of lease or sublease, IDAHO POWER CO; gional Offices w ithin the New Y ork A rea; quit-claim, bargain and sale or special A . Financial assistance. 1. T o apwarranty deeds, bills of sale, leases, sub Notice of Application for Amendment prove business and disaster loans not ex leases, assignments, subordinations, re of License for Constructed Project ceeding $350,000— (S B A ’s sh a re), leases (in whole or part) of liens, satis-, 2. To decline business and disaster Ju l y 15, 1965. faction pieces, affidavits, proofs of claim loans o f any amount. in bankruptcy or other estates and such Public notice is hereby given that ap 3. T o disburse approved loans. other instruments in writing as may be plication has been filed under the Federal 4. To enter into business loan and appropriate and necessary to effectuate Power Act (16 U.S.C. 791ar-825r), by disaster loan participation agreement the foregoing. Idaho Power Co. (correspondence to: with banks. c. T h e approval o f bank applications T. E. Roach, President, Idaho Power Co., 5. To approve section 502 loans as for use of liquidity privilege under the Boise, Idaho), for amendment of the li follow s: loan guaranty plan. cense for Project No. 1971, located on the a. Direct loans not exceeding $50,000. B. [Reserved] Snake River, in Idaho and Oregon. b. Participation loans when the banks C. Procurement and management as The application seeks to include in the share is TO percent or more—not to ex sistance. 1. T o approve applications for license fo r the project the proposed Boise ceed $100,000. C ertificates o f Competency received from Bench—Midpoint 230 kv. transmission 6. To decline loan applications in the small business concerns which are line crossing Ada, Elmore, Gooding, and categories described in Item I.A.5., above. located within the geographical juris Lincoln Counties, Idaho, and affecting 7. To execute loan authorizations for diction of the area office when the total lands of the United States. The line Washington approved loans and for value of the contract to be awarded as a would provide transmission capacity for loans approved under delegated author result of the issuance of a COC does not tile increasing loads on Idaho Power ity, said éxecution to read as follows: exceed $100,000, except in the case of Co.’s system and serve as a backup line the Puerto Rico Regional Director, when for the existing Boise—Brady 230 kv. (N am e ), Administrator, By the tota l amount o f the contract does not transmission lines. (Nam e) exceed $50,000.* * Protests or petitions to intervene may Regional Director. 2. T o deny art application fo r a Cer be filed w ith the F ederal Pow er Commis (City) tifica te o f Competency when the regional sion, Washington, D.C.; 20426, in accord 8. To cancel, reinstate, modify, and director agrees with an adverse survey ance with the rules of practice and pro report as to the production or credit, un cedure of the Commission (18 CFR 1.8 or amend authorizations for business or dis aster loans. less application for an SBA loan is being 1.10). The last day upon which protests filed, which if approved, might change or petitions may be filed is August 30, 9. To extend the disbursement period on all loan authorizations or undisbursed the credit aspects of the case.* * 1965. The application is on file with the D. Administration. 1. T o advertise Commission for public inspection. portions of loans. 10. To approve, when requested, in ad regarding the public sale o f (a ) col Joseph H. G utride, vance of disbursement, conformed copies la tera l in connection w ith the liquida Secretary. of notes and other closing documents, tion o f loans, and (b ) acquired prop [FJft. Doc. 65-7668; Filed, July 19, 1965; and ce rtify to the participating bank that e rty .** 8:50 a.m.] such documents are in compliance with 2. To purchase reproductions of loan the participation authorization. documents, chargeable to the revolving 11. To approve service charges by par fund, requested by United States At torneys in foreclosure cases. SMALL BUSINESS ticipating bank not to exceed 2 percent 3. To (a) purchase all office supplies per annum on the outstanding principal and expendable equipment, including balance of construction loans and loans -all desk top items, and rent regular office ADMINISTRATION involving accounts receivable and inven equipment; (b) contract for repair ana [Delegation of Authority SO, Chicago Regional tory financing. maintenance of equipment and fumisn- Office; Disaster 2-65] 12. To establish disaster field offices ings; (cX contract for services require MANAGER, DISASTER FIELD OFFICE, upon receipt of advice of the designation in setting up and dismantling and mov ROCK ISLAND, ILL. of a disaster area; to advise oh the mak ing SBA exhibits; and (d) issue Govern ing of disaster loans; to appoint as a ment bills of lading. Delegation Relating to Financial processing representative any bank in the 4. In connection w ith the establisn- Assistance Functions . disaster area; and to close disaster of ment of Disaster Loan Offices, to (®),0 ligate Small Business Administration to Notice is hereby given that Delegation fices when no longer advisable to main reimburse General Services Admmis r Of Authority No. 30, Chicago Regional tain such offices. * * Tuesday, July 20, 1965 FEDERAL REGISTER 9079 tion for the rental of office space; (b) tariffs ICC A—4530 and A-4572, re within 15 calendar days after the date rent office equipment; and (c ) procure spectively. notice of the filing of the application is (without dollar limitation) emergency FS A No. 39906— Freight all kinds from published in the F ederal R e g ister . One supplies and m aterials. Memphis, Term. Filed by Southwestern copy of such protest must be served on 5. To rent motor vehicles from theFreight Bureau, agent (No. B-8746), for the applicant, or its authorized repre General Services Adm inistration and to interested rail carriers. Rates on freight, sentative, if any, and the protest must rent garage space fo r the storage o f such lall kinds, less-than-carload, including certify that such service has been made. vehicles when not furnished by this only articles rated higher than class 70, The protest must be specific as to the Administration. and applicable only as proportional rates service which such protestant can and E. Eligibility determinations. T o de on traffic as described in the application, will offer, and must consist of a signed termine eligib ility o f applicants fo r as from Memphis, Tenn., to Tyler, Tex. original and six ( 6) copies. sistance under any program o f the Grounds for relief—Motor-trUck com A copy of the application is on file, and Agency in accordance w ith Sm all Busi petition. can be examined, at the Office of the ness Administration standards and poli Tariff—Supplement 59 to Southwest Secretary, Interstate Commerce Com cies. ern Freight Bureau, agent, tariff ICC mission, Washington, D.C., and also in P. Size determinations. To make in 4387. the field office to which protests are to itial size determinations in all cases with FS A No. 39907— Returned shipments be transmitted. in the meaning of the Small Business of starch from Indianapolis, Ind. Riled M o to r C arriers o f P r o p e r t y Size Standards Regulations, as amended, by Southwestern Freight Bureau, agent and further, to make product classifica (No. B-8747), for interested rail car No. MC 45736 (Sub-No. 16 T A ), filed tion decisions fo r financial purposes only. riers. Rates on returned shipments of July 13, 1965. Applicant: GUIGNARD Product classification decisions fo r pro starch, in airslide and covered hopper FREIGHT LINES, INC., 646 Atando curement purposes are made by contract cars, in carloads, from original destina Avenue, Charlotte, N.C., 28206. A p p li ing officers. tion to original point of shipment, from cant’s representative: W. Delbert Turner, n. [Reserved] Evadale, Houston, and Silsbee, Tex., to Sr., Planning Consultants, Inc., 1415 East m. The specific authority delegated Indianapolis, Ind. Boulevard, Charlotte, N.C. Authority in subsection 1A..12; subsections i.C. 1 Grounds for relief—Carrier competi sought to operate as a common carrier, and 2; and subsections I.D .1 herein can tion. by motor vehicle, over irregular routes, not be redelegated. These are indicated Tariffs—Supplements 320 and 31 to transporting; Plywood, from the site by asterisks (**). The specific author Southwestern Freight Bureau, agent, of the Multi-Ply Corp., Charlotte, N.C., ity in the remaining subsections may be tariffs ICC 4400 and 4610, respectively. to points in Florida, for 180 days. redelegated to appropriate subordinate FS A No. 39908— Sulphuric acid to Mt. SUPPORTING SHIPPER: Multi-Ply positions within the regions. Pleasant, Tenn. Filed by O. W. South, Corp.,' 4709 Rozzells Ferry Road, Char IV. All authority delegated herein may Jr., agent (No. A-4728), for interested lotte, N.C., 28214. SEND P R O T E S TS be exercised by any Small Business Ad rail carriers. Rates on sulphuric acid, TO: Jack K. Huff, Acting District Super ministration em ployee designated as A ct in tank carloads, subject to minimum visor, Bureau of Operations and Com ing Regional D ire c to r ." shipment of five tank carloads, from pliance, Interstate Commerce Commis V. All authority previously delegated LeMoyne, Ala., Baton Rouge and North sion, Room 206, 327 North Tryon Street, is hereby rescinded without prejudice to Baton Rouge, La., and Copperhill, Tenn., r ’Viarlrrf+.i» N P actions taken under such previous dele to Mt. Pleasant, Tenn. No. MC 78786 (Sub-No. 260 T A ), filed gations o f authority p rior to the date Grounds for relief—Market competi July 13,1965. Applicant: PACIFIC MO hereof. tion. TOR TRUCKING COMPANY (a cor poration), 9 Main Street, San Fran Effective date. July 1 , 1965. Tariff—Supplement 126 to Southern Freight Association, Agent, tariff ICC cisco, C alif., 94105. A pplicant’s repre C h a r le s H . K rxger, S-162. sentative: John MacDonald Smith, 65 Area Administrator, New York Area. FS A No. 39909— Livestock from, to, Market Street, San Francisco, Calif., [P.R. Doc. 65-7592; Filed, July 19, 1965; and within southwestern territory. 94105. Au thority sought to operate as 8:45 a.m.] Filed by Southwestern Freight Bureau, a common carrier, by motor vehicle, agent (No. B-8753), for interested rail over regular routes, transporting: Gen carriers. Rates on livestock, in car eral commodities (except commodities loads, between points within southwest requiring special equipment, commodi INTERSTATE COMMERCE ern territory, also between such points ties in bulk, and household goods), from on the one hand, and points western Klamath Falls, Oreg., to Medford, Oreg., COMMISSION trunk-line territory, on the other. from Klamath Falls over unnumbered Grounds for belief—Carrier competi highway to Lake of the Woods, Oreg., fourth s ec t io n applications tion. thence over unnumbered roads to Lake FOR RELIEF Creek, Oreg., thence over unnumbered By the Commission. roads via Eagle Point, Oreg., to junction J u l y 15, 1965. [ s e a l] H . N e il G a r s o n , Oregon Highway 62, thence over Oregon Protests to the granting of an appli Secretary. Highway 62 to Medford, and return over cation must be prepared in accordance same route, serving Brownsboro, Oreg., [F.R. Doc. 65-7609; Filed, July 19, 1965; with Rule 1.40 of the general rules of 8:47 a.m.l and all other intermediate points on the K tice ^ CPR 1.40) and filed within route to the east of Brownsboro, for 180 15 days front the date of publication of days. SUPPORTING SHIPPERS: R. D. this notice in the F ederal R eg ist e r . [Notice 7] Lien, Regional Traffic Manager, Sears, Roebuck & Co., Seattle, Wash., R. H. L o n g - a n d -S h o r t H a u l MOTOR CARRIER TEMPORARY Bilger, Manager, Odessa Marina (via) No. 39905— Liquefied petroleum AUTHORITY APPLICATIONS Klamath Falls, Oreg., Albert M. Oster- an<* southwestern territories. J u l y 15, 1965. man, Rifiemaker, Box 190, Little Butte *Tied by Western Trank Line Commit- Star Route, Eagle Point, Oreg., Lake ee, agent (No. A-2412), for interested The following are notices of filing of applications for temporary authority Creek Division of Cascade Ranches, Inc., an carriers. Rates on liquefied petro- under section 210a (a) of the Interstate Post Office Box 526, White City, Oreg., . U1^( hi tank carloads, from points U. S. Atkinson, Lake Creek Store, Lake Colorado, Utah, and Wyoming, to Commerce Act provided for under the new rules in Ex P arte No. M C 67 (49 CFR Creek, Oreg., Mrs. M. A. Keefer, Keefer’s P ", „ • southwestern and western Fireside Inn, Box 63, Rocky Point Route, trunk-line territories. Part 240), published in the F ederal R eg ist e r , issue of April 27,1965, effective Klamath Falls, Oreg., Fish Lake Resort Grounds fo r re lief— M odified short-line July 1, 1965. These rales provide that (via) Medford, Oreg., Emery L- Hard- mstanec form ula and grouping. protests to the granting of an application castle, Odessa Mercantile (via) Klamath Tariffs—Supplements 17 and 9 to must be filed w ith the field official named Falls, Oreg., Brownsboro Cafe, Eagle estern Trank Line Committee, agent, in the F ederal R e g ister publication, Point, Oreg., Brownsboro Tavern, Eagle 9080 NOTICES
Point, Oreg., Robert Baldwin, Odessa petitioners must be specified in their corporation, 401 West Railroad Street, Ranch Cafe (via) Klamath Falls, Oreg., petitions w ith particularity. Missoula, Mont., of the certificate of Fletcher Wellington, Lake of the Woods No. MC-FC-35396. By order of July 14, registration in No. MC-121089 (Sub-No. Resort Co., Lake of the Woods, Oreg., 1965, the Transfer Board approved the 1), Issued July 8, 1965, to Harry T. Mrs. A. E. Wampler, Odessa Ranch (via) lease by William Earnhardt, , doing busi Northey and Lyle R. Heath, a partner Klamath Falls, Oreg. SEND PROTESTS ness as Earnhardt Transport, 205 East ship, doing business as Montana Trans TO: Wm. R. Murdoch, District Super Council Street, Salisbury, N.C., of the fer Co., 401 West Railroad Street, Mis visor, Bureau of Operations and Com operating rights of Southern Pine Ex soula, Mont., authorizing transportation pliance, Interstate Commerce Commis press, Inc., Granite Quarry, N.C., Issued in interstate or foreign commerce cor sion, 450 Golden G ate Avenue, Box 36004, A p ril 20, 1960, and A p ril 6, 1961, in Cer responding to the authority in certifi San Francisco,'C alif., 94102. tifica tes Nos. MC—116622, and MC-116622 cate o f public convenience and necessity No. MC 124048 (Sub-No. 24 T A ), filed (S u b -N o>8), authorizing the transpor M.R.C. No. 2705, dated April 5, 1960, July 14, 1965. Applicant: SCHWER- tation, over irregular routes, of lumber issued by the Board of Railroad Com MAN TRUCKING CO. OF INDIANA, I (except plywood and veneer) from points missioners of the State of Montana. INC., 611 South 28th Street, Milwaukee, in specified counties in North Carolina, [ seal] H. N eil G arson, W is., 53246. A pplicant’s representative: to points in Tennessee, Kentucky, Ohio,; James R. Ziperskl, 611 South 28th Street, West Virginia, a described portion of Secretary. M ilwaukee, W is., 53246. A u th ority West Virginia, and a described portion of [F.R. Doc. 65-7611; Filed, July 19, 1965; sought to operate as a common carrier, Pennsylvania, from points in specified 8:47 a.m.} by motor vehicle, over irregular routes, counties in North Carolina to points in transporting: Bulk cement, from E lk Tennessee, Kentucky, Ohio, and a por [Section 5a Application 73 (Amdt.2) ] hart, Ind., to Chicago, HI., Allegan, tion of Virginia, and from points in Bangor, Benton Harbor, Berrien Springs, specified counties in South Carolina to OHIO MOTOR FREIGHT TARIFF Cassopolis, Colon, Constantine, Decatur, points in Tennessee, Kentucky, Ohio, COMMITTEE, INC. Dowagiac, Hartford, Hastings, Kalama West Virginia, a described portion of zoo, Lawton, Niles, Marcellus, New Buf Virginia, and points in a described por Proposed Change in Agreement falo, Saint Joseph, South Haven,; Sturgis, tion of Pennsylvania and of wooden Bylaws Three Rivers, Vicksburg, and White pallets, from AnsonviUe, N.C., to points Ju l y 15,1965. Pigeon, Mich., for 180 days. SUPPORT in Kentucky, Ohio, Pennsylvania, Ten ING SHIPPER: General Portland Ce nessee, Virginia, and West Virginia. The Commission is in receipt of an ment Co., I ll West Monroe Street, Chi No. MC—PC-67646. By order of July application in the above-entitled and cago, HI., 60603. SEND PR O T E S TS T O : 14, 1965, the Transfer Board approved numbered proceeding for approval of W. F. Sibbald, Jr., District Supervisor, the transfer to North Central Freight amendments to the agreement therein Bureau of Operations and Compliance, Lines, Inc., Marshalltown, Iowa, of the approved under th e provisions o f section Interstate Commerce Commission, 108 operating rights issued by the Commis 5a of the Interstate Commerce Act. West Wells Street, Room 511, Milwaukee, sion M ay 4, 1962, under C ertificate No. F iled July 9, 1965, by: W is., 53203. MC-124148, to Andrew G. Nelson, Inc., Jesse L. Himmelreich, 40 West Gay Street, Chicago, HI., authorizing the transpor Columbus, Ohio, 43215. ; B y the Commission. tation, over irregular routes, of new and Amendments Involved: Change in the [ seal] H. N eil G arson, used store fixtures, new and used house bylaws to provide for additional partici ...... Secretary. hold goods, and stock in trade of drug pation by Class “C” members in the ac [F.R. Doc. 65-7610; Filed, July 19, 1963;. stores, between points in Illinois, In tivities of Ohio Motor Freight Tariff 8:47 am .] diana, Iowa, Kentucky, Michigan, Min Committee, Inc. nesota, Missouri, Nebraska, Ohio, and The application may be inspected at Wisconsin. Jack H. Blanshan, 402 West the office o f the Commission in Washing [Notice 1204] Main, Marshalltown, Iowa, attorney for ton, D.C. Any interested person desiring the MOTOR CARRIER TRANSFER No. MC-FC-67914. By order of July PROCEEDINGS Commission to hold a hearing upon such 14, 1965, the Transfer Board approved application shall request the Commission the transfer to John Pulvermaeher, doing Ju l y 15,1965. in writing so to do within 20 days from business as Belleville Truck Lines, Cross the date of this notice. As provided by Synopses of orders entered pursuant to Plains, Wis., of the operating rights in section 212(b) of the Interstate Com the general rules of practice of the Com the certificate of registration in No. mission, persons other than applicants merce Act, and rules and regulations MC-99986 (Sub-No. 1), issued June 17, should fairly disclose their interest, and prescribed thereunder (49 CFR Part 1964, to Marcus Pulvermaeher, doing the position .th ey intend to take at the 179), appear below: business as Belleville Truck Line, Dane, hearing with respect to the application. As provided in the Commission’s spe Wis., evidencing the right of the holder Otherwise the Commission in its discre cial rules of practice, any interested per- thereof to engage in interstate or for tion, may proceed to investigate and de . son may file a petition seeking reconsid eign commerce, corresponding in scope term ine the m atters involved in such ap eration of the following numbered to the Service authorized by the Com plication without further or formal mon Motor Certificate No. CC-841, dated hearing. % proceedings within 20 days from the daté January 25, 1957, issued by th e Public of publication of this notice. Pursuant Service Commission of Wisconsin. John By the Commission, division 2. to section 17(8) of the Interstate Com-- T. Porter, 1 South Pinckney Street, merce Act, the filing of such a petition [ seal] H. N eil G arson, Madison, Wis., attorney for applicants. Secretary. will postpone the effective date of the NO. MC-FC-67936. B y order o f July order in that proceeding pending its dis 14, 1965, the Transfer Board approved [F.R. Doc. 65-7612; Filed, July 19, 1965: position. The matters relied upon by the transfer to Montana Transfer Co., a 8:48 a.m.] Tuesday, July 20, 1965 FEDERAL REGISTER 9081
CUMULATIVE LIST OF CFR 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 14 CFR—Continued Page Proclamations: 916-----r______4______8960 159______8828 3659™ ______8383 917__— 8387-8390, 8748, 8961, 9053, 9054 163___ ■______— ______8676 3660 ______8507 922 _ 9054 241______8829, 9001 3661 _____ i______8663 923 ____ 8823 288____ 8784 3662 ______8773 946 --- S ------8511 3 0 3 ™ ______8473 3663 ______8991 947 ------8961 P roposed R u l e s : Executive O rders: 1136— ------8566 39____— ______8413, July 2, 1910 (revoked in part 1138™ ------8391 8414, 8487, 8488, 8687, 8688, 8798 by PLO 3725)______8792 1400______8457 71------8489- Mar. 29,1912 (revoked in part 1421-----s ------— ______8673, 8823 8491, 8589, 8590, 8634-8637,8689, by PLO 3715)______8789 1427------_____ 8451, 8673, 8748, 8825 8690,8798,8799,8856,8857, 8970, July 9, 1913 (revoked in part 1446_____ 8401 8971, 9008,9009. by PLO 3725)______8792 1464------8512 73------8590, 8638 1238 (revoked by PLO 3728) — 8832 1483____ 8898 75------;_------9009 8647 (revoked in part by PLO P roposed R u l e s : 77------8905 3720)______8791 52------_------8905 91------8799 10530 (superseded in part by 724____ 8630 233------8487 EO 11230)______8447 Ch. I X ______;______8684 10559 (superseded by EO 922-----_------8525 15 CFR 11230)______8447 930______8850 9 -— ______8432 10759 (superseded by EO 993------8850 201 ______8963 11230)______8447 1008______;____ 8855 16 CFR 10766 (superseded by EO 1009------,_ 8855 11230)______214— ------:__ ------9055 8447 1031______9008 401_------8900 10790 (superseded by EO 1048_------;______8856 P roposed R u l e s : 11230)______—. 8447 1135______;_ 8525 303— ...... _____ 8491 10836 (superseded by EO 1137— ,______8525 11230)______8447 9 CFR 17 CFR 10889 (superseded by EO 231------9059 11230)______8447 51— — ------8825 P roposed R u l e s : 10903 (superseded in part by 74--- _____— ------8566 230— ____ 8638 EO 11230) 8447 78------„ ------8463 249_------8639, 8642 10960 (superseded by EO 201— .___------8513 11230)______8447 316 ------8673-8675 19 CFR 10970 (superseded in part by 317------T; _____ 8673 4----- 9006 EO 11230) 8447 318------8463, 8673, 8674 6------9006 11012 (superseded in part by 340—„__------8675 P roposed R u l e s : EO 11230) 8447 P roposed R u l e s : 8------— ------8849 11116 (superseded in part by 78-----___— ------8525 20 CFR EO 11230) 8447 131— ----- 9066 11164 (superseded by EO 201__------8542, 9066 604— — ______8901 11230) 8447 12 CFR 21 CFR 11184 (superseded by EO 563------___------8962 17—__— __------8784 H11230) _____ , ___ _ 8447 570______8963 46------8626 11230 ______8447 P roposed R u l e s : 120 --- i------9002 11231 ------8665 545------8542-8544, 8698 121 --- ._----- 8474,8572, 8627, 8784-8786 11232 ------8745 561------8698 146c------8787 11233 ------8953 563------______8543, 8699, 8972 P roposed R u l e s : 11234 ______9049 121.------8794, 9008 Presidential D ocuments O ther 13 CFR Than Proclamations and Execu 107------8775, 8900 22 CFR tive Orders : 12 1------_ 8825, 9055 12 1— ■&------___ 9034 Reorganization Plan No. 2 of P roposed R u l e s : - 122— ------9037 1965. 8819 107----- — ...... _____ 8906 123 ------9037 7 CFR 124 ------9041 14 CFR 125— ------— ___ 9042 ------8623 21—— — ------— ____ 8464, 8826 126------9043 51------8775 23------— ------___ 8467 127------9043 201------8459 25------_____------__ 8467 202 ------9059 ------8460 29------8777 24 CFR ocq...... - ...... — 8821, 8955, 8958, 8959 39------8407, 8469, 8607, 8826, 8963 7 , 9 ------8509, 8775, 8960, 9051 61------8515 1600------*______8677 72o------8461 71------8470, 25 CFR 7 5 5 ------— — 8565, 8667 8471, 8567, 8568, 8607, 8608, 8676, P roposed R u l e s : 7 7 7 ~ 8669 8749, 8779, 8826-8828, 8999-9001 255____ 8969 778 8385 73------8472, 8608, 9055 8 i3 ~" 8509 75_------8471, 8608, 8828 26 CFR 908 8481 91------8472,8516 1------8573, 8628, 8787, 8902, 9060 9X0 8511, 8747,8998 93------8568 145----- 8903 9Xx ------8511, 8747, 8998, 9051 95------8780 175------8787 9X5 9051 97------8609, 8889 301------8584 ------9052 12 1------8568 701------8517 9082 FEDERAL REGISTER
Page 2 9 C F R 43 CFR page 43 CFR—Continued Pa&e 20 - _ . 9002 2030______8964 P u b l i c L a n d O r d e r s —C o n t in u e d 516 flRftR 3610______8481 3735 ______8834 551 ______... ._ .... _ . R5«5 9230______8411 3736 ______8834 657 8964 P u b l ic L and O r ders: 3737 ______8835 1601 8407 26 (revoked In p art by PLO 3738 _____ 8835 1 6 0 2 ______; 8409 3737)______8835 3739 ______8836 3740 __ 8836 P r o p o s e d R u l e s : 549 (revoked in part by PLO 541______...... 8754 3724)______8791 P r o p o s e d R u l e s : 559 (revoked in part by PLO 2230______8413 3 2 C F R 3720)______8791 3120_____;______8484 90— ______8518 1015 (m odified by PLO 3734) _ 8833 3130______8484 553______...... 8993 1364 (revoked by PLO 3722) __ 8791 3140______,______8484 1811______8410 1394 (revoked in part by PLO 3150______8484 3711)______„ 8788 3160______8484 3 2 A C F R 1524 (revoked in part by PLO 3180______8484 OIA (Ch. X ) : 3711)______8788 3220______8484 O I R e g . 1______8475 1537 (revoked in part by PLO 3320______8484 3724)______8791 3 3 C F R 1709 (revoked in part by PLO 46 CFR 3 ______8749 3737)______8835 171------8836 100...... _ . _____ 8518 1867 (revoked in part by PLO 222_____;______i ______9065 207______- 8410,8831 3713)______8789 527______8836 2460 (corrected by PLO 3729) - 8833 47 CFR 3 6 C F R 2610 (revoked by PLO 3721) __ 8791 221______8519 0______— ______8677,8837 2627 (revoked by PLO 3722) __ 8791 1 —______8837 3 8 C F R 2958 (revoked by PLO 3732) _. 8833 2______— 8678,8838 3560 (amended by PLO 3709) _ 8788 21______8840 2______8607 3607 (corrected by PLO 3723) - 8791 8______8475 73 ______8680, 8681,8964 3611 (see PLO 3719)______8790 74 ______8843 3 9 C F R 3635 (corrected by PLO 3723) _ 8791 87______8678,8838 3648 (corrected by PLO 3710) _ 8788 91______8840 6 ------______8620, 9006 3662 (corrected)______8524 97______8837 13. 8476, 8752, 8904 3707— ______8411 16___ 8477 3708 ______8753 P r o p o s e d R u l e s : 2___ 8691 22__ 8588 3709 _____— ______8788 24___ 8477 3710 ______1______8788 21______8590,8691 31 ______— ______8692 47 ______8620 3711 ______8788 48 ______8620 3712 ______i______8788 73______8491,8692 56___ 8620 3713 _ 8789 74-______8590 62___ 8620 3714 ______8789 83______L______8696,8697 87______8691 94___ 9064 3715 ______8789 91— _____ 8590 151_. 8620 3716 ______8790 3717 ____ 8790 48 CFR 41 CFR 3718 ______8790 411______8792 I- 15______8482 3719 __ 8790 5B-7_____ 8410 3720— ______8791 49 CFR 8-2______8752 3721 ______8791 6 8968 8-7______- ______— 8752 3722 ______8791 8______8847 9- 10______8681 3723 ______8791 71-79______1______8588 9-12______8831 3724 ______- _____ 8791 95______8523,8793,8968 9-30______8682 3725 ______;______8792 9-56-______U______8482 3726 ______8832 50 CFR I I - 2______8519 3727-______8832 28 9007 ll - 7 _ _ i ______8519 3728______8832 32 ______8411, 101-18______8520 3729_— ______8833 8482, 8483, 8628, 8682, 8683, 8848 101-35______8523 3730— ___ 8833 33 ______8412, 8683,9006,9065 3731- _ 8833 255______8412 42 CFR 3732 ______8833 P r o p o s e d R u l e s : 32 8630,8849 P roposed R xjles: 3733 ______8833 401______8797 3734 ____ 8833 33———————______8630,8849 —— LaPest Edition in the sériés of . . . PUBLIC PAPERS OF THE PRESIDENTS OF THE UNITED STATES Jo h n F . Kennedyf 1963 Contains verbatim transcripts of the President’s news conferences and speeches and full texts of messages to Congress and other mate rials released by the White House during the period January 1- November 22, 1963. Among the 478 items in the book are: special messages to the Congress on education, youth conservation, needs Of the Nation’s senior citizens, and on improving the Nation’s health; radio and tele vision addresses to the American people on civil rights and on the nuclear- test ban treaty and the tax reduction bill; joint statements with leaders of foreign governments; and the President’s final remarks at the breakfast of the Fort Worth Chamber of Commerce. Also included is the text of two addresses which the President had planned to deliver on the day of his assassination; President Johnson’s proc lamation designating November 25 a national day of mourning; and remarks at the White House ceremony in which President Kennedy was posthumously awarded the Presidential Medal of Freedom. A valuable reference source for scholars, reporters of current affairs 1007 Pages Price: $ç.oo and the events of history, historians, librarians, and Government officials.
VOLUM ES o f PUBLIC PAPERS o f the PRESIDENTS currently available: Contents: HARRY S. TRUMAN • Messages to the Congress 1945______$5.50 1947— — — ------$5.25 1946______$6.00 1948______$9.75 • Public speeches 1949— — ___ — $6.75 • The President’s news conferences DWIGHT D. EISENHOWER: • Radio and television reports to the 19*3______— $6.75 1957____ $6.75 American people 1954___— ___ — _ $7.25 1958— $8.25 1955— ______$6.75 1959— $7.00 • Remarks to informal groups 1956______$7.25 1960-61 $7.75 • Public letters JOHN F. KENNEDY: 1961— ______$9.00 1962______$9.00 1963______$9.00 Order from th e : Superintendent of Documents Volumes are published annually, soon after the close of each year. Government Printing Office Earlier volumes are being issued periodically, beginning with 1945. Washington, D.C. 20402