FEDERAL REGISTER VOLUME 30 • NUMBER 102 Thursday, May 27, 1965 • Washington, D.C. Pages 7089-7148

P A R T I (Part II begins on page 7137)

Agencies in this issue— The President Agricultural Stabilization and Conservation Service Atomic Energy Commission Civil Aeronautics Board Commodity Credit Corporation Consumer and Marketing Service Customs Bureau Federal Aviation Agency Federal Communications Commission Federal Housing Administration Federal Maritime Commission Federal Power Commission Fish and Wildlife Service Indian Affairs Bureau Interior Department Interstate Commerce Commission Land Management Bureau National Park Service Detailed list of Contents appears inside.

No. loa—Pt. I---- 1 Just Released

CODE OF FEDERAL REGULATIONS

(As of January 1, 1965)

Title 45—Public Welfare (Pocket Supplement) $1.00

Title 46—Shipping (Part 200-End) (Revised) $1.75

A cumulative checklist of CFR issuances for 1965 appears in the first issue of each month under Title 1.

Order from Superintendent of Documents, United States Government Printing Office, Washington, D.C. 20402

r r i t r n i i '■■Sy-P u b l i s h e d daily, Tuesday through Saturday (no publication on Sundays, ■ y J ll^ il/ll M ^ n r J l l \ l Jtll on the day after an official Federal holiday), by the Office of the Federal U lster, Archives and Records Service, General Services Administration (mail address Area Code 202 Phone 963-3261 Archives Building, Washington,warning tun, .u D.C.. k s . 20408), ppursuant m o u o u v wto the authority■? j contamea . _ Admin-m Federal Register Act, approved July 26, 1935 (49 Stat. 500, as amended; 44 U.S.C., ch. 8 B), under regulations prescribed by tne aoxiu istrative Committee of the Federal Register, approved by the President (1 CFR Ch. I). Distribution is made only by the Superintenden of Documents, Government Printing Office, Washington, D.C. 20402. „ navable in T h e Federal Reôister will be furnished by mail to subscribers, free of postage, for $1.50 per month or $15.00 P® money advance. The charge for individual copies (minimum 15 cents) varies in proportion to the size of the issue. Remit c order, made payable to the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402. . ■ titles pur- The regulatory material appearing herein is keyed to the Code of F ederal Regulations, which is published, aniie* of _suant______to___ section_____ 11 11 of of the the Federal Federal Register Register Act, Act, as as amended. amended. -- The------Code ---of F------ederal - Regulations is sold by the• faup Documents. Prices of books and pocket supplements are listed in the first F ederal Register issue of each month. __ regulations. There are no restrictions on the republication of material appearing in the F ederal Register or th e Code of Feder Contents

FEDERAL AVIATION AGENCY Missouri-Illinois Broadcasting THE PRESIDENT Co. (KZYM) and KGMO Ra­ Rules and Regulations dio-Television, Inc. (KGMO) _ 7122 EXECUTIVE ORDER Airworthiness directives; Lock­ Sleighter, Dennis A., et al------7126 Designating the International heed Models 18, PV-1, and PV-2 Triple C Broadcasting Corp. Coffee Organization as a public Series aircraft______7098 (WLOR) ______— ------7123 international organization en­ Alterations : United Artists Broadcasting, titled to enjoy certain privileges, Restricted area (2 documents) _ 7100 In c.______:______7126 exemptions, and immunities— 7093 Transition area______7099 United Artists Broadcasting, Control zone and transition area; Inc., and Ohio Radio, Inc----- 7126 determination alteration of designation- 7098 Webster County Broadcasting Determination pursuant to the Designations: Co. and H o lm e s County International Coffee Agreement Federal airway.______.___ 7099 Broadcasting Co. (WXTN)__ 7126 Act of 1965 *______7095 Jet route (2 documents)__ _— 7100 WMOZ, Inc. (2 documents)___ 7127 Federal airway; revocation (2 WTCN Television, Inc. (WTCN- documents) ______— — 7099 TV), et al______7124 EXECUTIVE AGENCIES Jet route and control area; estab­ AGRICULTURAL STABILIZATION lishment and designation— _— 7099 FEDERAL HOUSING AND CONSERVATION SERVICE Proposed Rule Making ADMINISTRATION Control zone and transition area, Rules and Regulations Rules and Regulations alteration of proposed designa­ Urban renewal mortgage insur­ Wheat, farm acreage allotments, tion ______._— ï------— 7111 small farm bases, normal yields, ance and insured improvement Control zone and transition area'; loans; development of property. 7102 1964 and subsequent crop years; proposed designation..------7111 miscellaneous amendments----- 7097 Control zone and transition areas; FEDERAL MARITIME proposed designation and revo­ AGRICULTURE DEPARTMENT cations ______7110 COMMISSION See Agricultural Stabilization and Federal airway; withdrawal of Rules and Regulations Conservation Service; Com­ proposed alteration------7112 Common carriers by water in the modity Credit Corporation; Jet route; withdrawal of proposed foreign commerce of United Consumer and Marketing Serv­ designation ------7112 States and by conferences of ice. Notices such carriers; filing of tariffs— 7138 ATOMIC ENERGY COMMISSION Coral Television Corp.; petition Self-policing systems; reporting for public hearing____ _—------7121 requirements______7102 Notices Deutsch, Alexander T.; applica­ Notices tion for just compensation----- 7118 FEDERAL COMMUNICATIONS Agreements filed for approval: Australia/U.S. Gulf, Atlantic General Dynamics Corp.: COMMISSION Issuance of facility license and Great Lakes Conference. 7127 amendment______7117 Rules and Regulations Pistorino & Co., Inc., et al------7128 Proposed issuance of construc­ Designation of frequency for use U.S. Atlantic and Gulf Ports/ tion permit______7120 by survival craft stations and Bermuda Rate Agreement— 7129 Nuclear Engineering Co., Inc.; by equipment used for survival Norwegian Asia Line et al------7128 issuance of amendment of by­ purposes ______.___ _ 7105 Effects on foreign commerce of product source and special nu- Frequency allocations and radio United States; hearing.______7127 elear material license______7118 treaty matters; miscellaneous MAS International Corp.; appli­ amendments______7102 cation for freight forwarding CIVIL AERONAUTICS BOARD Government aeronautical radio- license; discontinuance of pro­ ceeding ______7127 Notices navigation operations in certain band ; removal of limitations__ ^7105 Hearings, etc.: Television broadcast station, FEDERAL POWER COMMISSION Air New Zealand Ltd______7121 Casper, Wyo.; table of assign­ Wheeler Airlines Ltd______7121 Notices ments ______7106 Hearings, etc.: COMMODITY CREDIT Proposed Rule Making Ashland Oil & Refining Co. et CORPORATION Competition and responsibility in al______7131 network television broadcast­ City of Pikeville, Tennessee___ 7129 Rules and Regulations ing; extension of time for filing Interstate Power Co______7130 Honey; price support regulations. 7097 comments ______— 7113 Michigan Wisconsin Pipe Line Co______7130 Notices CONSUMER AND MARKETING Hearings, etc.: FISH AND WILDLIFE SERVICE SERVICE Fidelity Radio, Inc., et al------7124 Notices Greater Erie Broadcasting Co., Rules and Regulations B and H Sales Stable and Bemidji Inc., and James D. Brown- Salt Plains National Wildlife Sales Bam, Inc.; proposed post­ yard______7125 Refuge, Oklahoma; public ac­ ing of stockyards— ______._ 7117 Integrated Communication Sys­ cess, use, and recreation_____7106 tems, Inc., of Massachusetts CUSTOMS BUREAU and United Artists Broadcast­ HOUSING AND HOME ing, Inc______7125 FINANCE AGENCY Proposed Rule Making Lebanon Valley Radio et al__ _ 7121 Fluorspar imported in railroad Missouri-Illinois Broadcasting See Federal Housing Administra­ cars; change in method of Co. and KGMO Radio-Tele­ tion. sampling for analysis_____ .%_7108 vision, Inc. (KGMO)______7125 (Continued on next page) 7091 7092 CONTENTS

INDIAN AFFAIRS BUREAU Motor carrier transfer proceedings (2 documents)-______7133,7134 Rules and Regulations Railroads serving Illinois et al.; Flathead Indian Irrigation Proj­ rerouting or diversion of traffic- 7132 ect, Montana; operation and maintenance charges______7101 LAND MANAGEMENT BUREAU Rules and Regulations INTERIOR DEPARTMENT Public land orders: See also Fish and Wildlife Service; Colorado______7101 Indian Affairs Bureau; Land Idaho------7101 Management Bureau; National Utah— ______- ____ 7101 Park Service. Notices Notices Arizona; termination of proposed Under Secretary and certain other withdrawal and reservation of officials; delegations of author­ lands (2 documents)------— 7114 ity issued in Departmental Proposed withdrawal and reserva­ Manual- ______7116 tion of lands: Arizona_____ 7115 INTERSTATE COMMERCE Idaho__ — ______—____ — 7115 COMMISSION Montana______:_— 7115 Notices NATIONAL PARK SERVICE Fourth section applications for re­ Proposed Rule Making lief— — ______7132 Investigation of adequacy of rail­ Everglades National Park, Florida; road freight car ownership, car special regulations— ______7108 utilization, distribution, rules and practices; amended service TREASURY DEPARTMENT list— 7132 See Customs Bureau.

List of CFR Parts Affected

(Codification Guide)

The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulative list of parts affected, covering the current month to date, appears at the end of each issue beginning with the second issue of the month. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1, 1965, and specifies how they are affected.

3 CFR P r o po se d R u l e s : 43 CFR 71 (4 documents)______7110-7112 Executive Orders: 75—______7112 P ublic Land Orders: March 23,1912 (revoked in part by 3658 ______7101 PLO 3659)______i —...... 7101 3659 ___ __ 7101 June 13, 1925 (revoked in part by 19 CFR 3660 ______7101 PLO 3658)______7101 P r o p o s e d R u l e s : 11225,--______7093 Ch. I - ______7108 46 CFR P residential D ocuments Other 528 — 7102 T han P roclamations and Execu­ 24 CFR 536 ______. 7138 tive Orders: 220-______7102 Determination of May 22,1965----- 7095 25 CFR 47 CFR 7102, 7105 7 CFR 221___ — ______7101 2 (3 documents)------728______1____ 7097 n ’i _ 1 7106 1434_____ 7097 36 CFR P roposed R ules: P ro po sed R u l e s : — 7113 14 CFR 7—______- ______- 7108 73 39______—,______- 7098 71 (6 documents)______7098,7099 50 CFR 73 (2 documents)— ------.— 7100 — 7106 75 (3 documents)______7099,7100 28______Presidential Documents

Title 3— THE PRESIDENT Executive Order 11225 DESIGNATING THE INTERNATIONAL COFFEE ORGANIZATION AS A PUBLIC INTERNATIONAL ORGANIZATION ENTITLED TO ENJOY CER­ TAIN PRIVILEGES, EXEMPTIONS, AND IMMUNITIES By virtue of the authority vested in me by Section 1 of the Inter­ national Organizations Immunities Act (59 Stat. 669; 22 U.S.C. 288), and having found that the United States participates in d;he Inter­ national Coffee Organization pursuant to the International Coffee Agreement, 1962 (14 UST 1911; TIAS 5055), I hereby designate the International Coffee Organization as a public international organiza­ tion entitled to enjoy the privileges, exemptions, and immunities con­ ferred by the International Organizations Immunities Act. This designation is not intended to abridge in any respect privileges, exemptions, and immunities which the International Coffee Organiza­ tion may have acquired or may acquire by treaty or congressional action. L yndon B. J ohnson T he W hite H ouse, May 22, 1965. [F.R. Doc. 65-5624 ; Filed, May 26,1965 ; 9: 09 a.m.]

Thursday, M ay 27, 1965 FEDERAL REGISTER 7095

Determination of M ay 22, 1965 DETERMINATION PURSUANT TO THE INTERNATIONAL COFFEE AGREEMENT ACT OF 1965 Pursuant to section 8 of the International Coffee Agreement Act of 1965 and on the basis of the facts, technical analysis and counsel available to me I hereby determine that, in my judgment, this Act, which provides the implementing authority for the International Coffee Agreement, 1962, will not result in an unwarranted increase in coffee prices to United States consumers. Under the International Coffee Agreement, 1962, importing nations have sufficient Voting power on the International Coffee Council, the governing board of the Agreement, to prevent any actions which might lead to an unwarranted increase in the price of coffee to consumers. In my judgment, the Agreement furnishes a forum for the adjust­ ment of the interests of both producers and consumers. This will serve to encourage stability of coffee prices over the long run. The Secretary of State is requested to communicate this determina­ tion and the reasons therefor to the Congress. This determination shall be published in the F ederal R egister. L yndon B. J ohnson M ay 22,1965. [F.R. Doc. 65-5623; Filed, May 26,1965 ; 9:08 a.m.]

Rules and Regulations

spring wheat July 15 and for Area 2, winter 29 F.R. 5307 and containing requirements Title 7— AGRICULTURE wheat June 20, spring wheat July 5. of the honey price support program are hereby amended as follows : Chapter VII— Agricultural Stabiliza­ 2. Section 728.10 (n) is amended by deleting the period at the end of the 1. Paragraph (a) of § 1434.52 is tion and C onservation Service sentence, inserting a comma, in lieu amended to provide that cooperative (Agricultural Adjustment), Depart­ thereof, and adding the following lan­ marketing associations desiring to qual­ ment of Agriculture guage: “or as applied to the 1965 crop ify for price support must meet the pro­ of wheat, when certification by the pro­ visions of the Cooperative Marketing As­ SUBCHAPTER B— FARM MARKETING QUOTAS ducer of the acreage of wheat may be sociations Regulations in Part 1425 of AND ACREAGE ALLOTMENTS accepted in lieu of a farm inspection this chapter, to delete the reference to [A rndt. 7] under Part 718 of this chapter, as § 1434.56 and to read as follows: PART 728— WHEAT amended, not later than the disposal § 1434.52 Eligible producers. date specified in paragraph (q) of this Subpart— Regulations Pertaining to section or the date of the final wheat (a) Producer. An eligible producer acreage reported on Form ASCS-477 for shall be an individual, partnership, cor­ Farm Acreage Allotments, Small poration, estate, trust, or other legal Farm Bases and Normal Yields for wheat as certified by the producer, whichever is earlier.” entity, who extracts honey produced by 1964 and Subsequent Crop Years 3. Section 728.15a(d) is amended by bees owned by him, or a cooperative mar­ M iscellaneous A m e n d m e n t s deleting subparagraph (5). keting association which meets the re­ Since the determination of 1965 wheat quirements of Cooperative Marketing As­ Basis and purpose. The amendments acreages is now being made, it is im­ sociations Regulations, Part 1425 of this herein are issued pursuant to and in portant that State and county commit­ chapter, and any amendments thereto, accordance with the Agricultural Adjust­ tees be notified of the amendments and meets the requirements for eligi­ ment Act of 1938, as amended, and are herein as soon as possible so that pro­ bility for price support contained in this issued for the purposes of (1) amending ducers with 1965 excess wheat acreage subpart. the dates for the disposal of excess wheat . ~ * * * « 4c acreage for certain counties and areas may be notified of the final date for util­ in the States of California, Nevada, ization of such excess acreage as wheat 2. Paragraph (b) of § 1434.53 is Texas, and Washington, (2) eliminating cover crop. In addition, 1966 farm allot­ amended to provide that cooperative adjustment provision number (5) con­ ments are now being determined and marketing associations desiring to qual­ tained in § 728.15a (d) for the 1966 and information contained in this amend­ ify for price support must meet the pro­ subsequent crops of wheat, which is ade­ ment is necessary with respect to the de­ visions of the Cooperative Marketing As­ quately covered by § 728.29, (3) revising termination of such allotments. Accord­ sociations Regulations in Part 1425 of the definition of wheat cover crop in ingly, it is hereby found that compliance this chapter, to delete the reference to with the public notice, procedure and 30- § 1434.56 and to read as follows: § 728.10 (n) for 1965 when certification day effective date provisions of section of acreage is provided for in Part 718 4 of the Administrative Procedure Act is § 1434.53 Eligibility requirements. of this chapter. * * * * * The regulations are amended as impracticable and contrary to the public follows: interest. Therefore, the amendment (b) Beneficial interest. To be eligible 1. Section 728.10 (q) is amended so asshall become effective upon its filing with for price support, the beneficial interest to change the disposal dates for Butte, the Director, Office of the Federal in the honey must be in the producer Colusa, Glenn, Sacramento, Sutter, Yolo, Register. tendering it as security for a loan or for and Yuba Counties in the State of Cali­ (Secs. 301, 334, 339, 375, 379b, 52 Stat. 38, purchase and must always have been in fornia from May 1 to May 15; Pershing as amended, 53, as amended, 76 Stat. 622, as him, or. in him and a former producer County in the State of Nevada from June amended, 52 Stat. 66, as amended, 76 Stat. whom he succeeded as owner of the bees 626, sec. 1, 55 Stat. 203, as amended; 7 U.S.C. before the honey was extracted. In the 20 to July 15; Armstrong, Carson, Dal­ 1301, 1334, 1339, 1340, 1375, 1379b) case of a cooperative marketing associa­ lam, Deaf Smith, Gray, Hansford,. tion, the beneficial interest in the honey Hartley, Hemphill, Hutchinson, Lips­ Effective date. Upon filing with the Director, Office of the Federal Register. must have been in the producer-members comb, Moore, Oldham, Ochiltree, Potter, who delivered the honey to the associa­ Randall, Roberts, and Sherman Coun­ Signed at Washington, D.C., on May tion or to member associations or must ties in the State of Texas from May 1 to 24, 1965. always have been in them and former May 15; and in the State of Washington, H . D. G o d f r e y , producers whom they succeeded before Stevens County, winter wheat from Au­ Administrator, Agricultural Sta­ the honey was extracted. Honey ac­ gust 1 to July 15, spring wheat from bilization and Conservation quired by an association shall not be eli­ August 20 to August 15, Lincoln County, Service. gible for price support if the producer- members who delivered the honey to the North Lincoln, winter wheat from July [F.R. Doc. 65-5570; Filed, May 26, 1965; 10 to July 25, South Lincoln, winter association or memb r associations do 8:50 a.m .] not retain the right to share proportion­ wheat from June 30 to July 10. ately in the proceeds from the marketing Section 728.10 (q) is further amended Chapter XIV— Commodity Credit Cor­ of the honey as provided in the Coopera­ by (1) striking out three areas now des­ tive Marketing Associations Regulations, ignated for Klickitat County, Wash., poration, Department of Agriculture Part 1425 of this chapter and any and inserting in lieu thereof the follow­ SUBCHAPTER B— LOANS, PURCHASES, AND amendments thereto. ing two areas: OTHER OPERATIONS * * * 4c * Area 1. That part of Klickitat County west [CCC Honey Price Support Reg. Arndt. 2] 3. Paragraph (b) of § 1434.55 * is of a line starting at the Columbia River on amended to extend the period for filing the township line between ranges 17 and 18, PART 1434— HONEY thence north to the township line between an application for price support and to townships 3 and 4, then east 5 miles, north Subpart— Honey Price Support read as follows: 6 miles, east 19 miles to the township line Regulations § 1434.55 Availability, disbursement, - Between ranges 21 a n d 22, thence north to and maturity of loans. the county lin e. M iscellaneous A m e n d m e n t s Area 2. That part of the county east of the * * * * * «escribed Area 1.; a n d (2 ) showing as dis­ The regulations issued by the Com­ (b) Availability date. Producers de­ posal dates for Area 1, winter wheat June 30, modity Credit Corporation, published in siring price support for 1965 and subse- No. 102—Pt. I- 2 7097 7098 RULES AND REGULATIONS quent crops of honey must file an ap­ Use but considered to be suitable for table include the Model B-34 Series aircraft plication therefor no later than April 30 use in areas in which it is produced. and to delete the Model PV-2 Series air­ of the year following the year in which Such honeys ihclude those with a pre­ craft was published in 30 F.R. 2718. the honey was produced and extracted. dominant flavor of Aster, Avocado, Buck­ Interested persons have been afforded * * * * * wheat (except Western Wild Buck­ an opportunity to participate in the mak­ wheat) , Cabbage Palmetto, Dandelion, ing of the amendment. No objections § 1434.56 [Deleted] Eucalyptus, Goldenrod, Heartsease were received. 4. Section 1434.56 is amended to de­ (Smartweed), Horsemint, Mangrove, In consideration of the foregoing, and lete the entire section which contained Manzanita, Mint, Partridge Pea, Rattan pursuant to the authority delegated to eligibility requirements for cooperative Vine, Safflower, Salt Cedar (Tamarix me by the Administrator (25 F.R. 6489), marketing associations. Gallica), Spanish Needle, Spikeweed, § 39.13 of Part 39 of the Federal Aviation 5. Paragraph (a) of § 1434.57 is Titi-Toyon (Christmas Berry), Tulip- Regulations, Amendment 34 (24 F.R. amended to extend the area of avail­ Poplar, Wild Cherry, and similarly fla­ 6581), AD 59-16-2, as amended by ability of price support to all of the vored honey, or blends of such honeys, Amendment 50 (24 F.R. 8928), is further United States by deleting the word “con­ as determined by the Director, Farmer amende^ by changing the applicability tinental” appearing before the words Programs Division, ASCS. statement to read: “United States” and to read,as follows: 7. Section 1434.80 is amended to A pplies to M odels 18, PV-1 and B-34 Series § 1434.57 Eligible honey. change the reference to the regulations aircraft except those incorporating spar re­ inforcement as covered in Lockheed Aircraft * * * * * defining the person or persons entitled Service Bulletin 18/SB-112. (a) Production. The honey must haveto payment in case of death, incompe­ been produced and extracted in the tency or disappearance of a producer This amendment becomes effective United States by an eligible producer due a sum under a loan or purchase, to June 26, 1965. during the calendar year for which ap­ make minor revisions of language and to (Secs. 313(a), 601, and 603 of the Federal plication is made for price support. read as follows: Aviation Act of 1958 (49 U.S.C. 1354(a), 1421, 1423)) * * * * * § 1434.80 Death, incompetency, or dis­ 6. Section 1434.77 is amended to set appearance. Issued in Washington, D.C., on May 20, forth the support rate for the quality of . In the case of the death, incompetency, 1965. 1965-crop honey placed under loan or or disappearance of any producer who is C. W. Walker, acquired under loan or by purchase, to entitled to the payment of any sum Acting Director, add the designation (a) to the introduc­ under a loan or purchase, payment of Flight Standards Service. tory paragraph thereof, to change desig­ such sum upon proper application to the [F.R. Doc. 65-5498; Filed, May 26, 1065; nations of existing paragraphs from (a) office of the county committee which 8:45 a n . ] to (b) and (b) to (c) and to read as made the loan, shall be made to the per­ follows: son or persons who would be entitled to [Airspace Docket No. 64-AL-6] such producer’s payment under the reg­ § 1434.77 Support rates. ulations contained in Chapter VII, Agri­ PART 71— DESIGNATION OF FEDERAL (a) 1965 crop. The support rate forcultural Stabilization and Conservation AIRWAYS, CONTROLLED AIRSPACE, the quality of 1965-crop honey placed Service (Agricultural Adjustment), De­ AND REPORTING POINTS under loan or acquired under loan or partment of Agriculture, §§ 707.1 to purchase shall be the rate for the re­ 707.7 of this title (Payments Due Persons Control Zone and Transition Area spective class and color set forth below. Who Have Died, Disappeared or Have Designation; Alteration of Amend­ An amendment to this section shall be Been Declared Incompetent) (30 F.R. ments issued for each year for which a honey 6246, May 5,1965). price support program is authorized to On April 6, 1965, Federal Register (Sec. 4, 62 Stat. 1070, as amended; 15 U.S.C. Document 65-3497 was published in the set forth the support rate for the then 714b. Interpret or apply sec. 5, 62 Stat. 1072, current crop of honey. secs. 201, 401, 63 Stat. 1052, 1054; 15 U.S.C. F ederal R egister (30 F.R. 4391) amend­ 714c, 7 U.S.C. 1446, 1421) ing Part 71 of the Federal Aviation Regu­ For Montana, All States east lations by designating a control zone and Wyoming, of Montana, Effective date. Upon publication in transition area at Dillingham, Alaska. Class and color Colorado, Wyoming, the F ederal R egister. Subsequent to this publication, there New Mexico Colorado and and States New Mexico Signed at Washington, D.C., on May has been a delay in establishing the com­ west thereof 24,1965. munications link between Dillingham and the King Salmon, Alaska, Flight H . D. G o d f r e y , Cent* per pound Cents per pound Executive Vice President, Service Station. Also, from April Table honey: through September, weather observa­ 1. White and lighter. 12.0 12.9 Commodity Credit Corporation. 2. Extra light amber. Ü .0 11.9 tions will be available only from 0700 to 3. Light amber____ 9.5 10.4 [FH. Doc. 65-5571; Filed, May 26, 1965; 1800 hours daily instead of from 0600 to 4. Other table 8:50 a.m .] honey______7.5 8.4 2200 hours daily as stated in the present Nontable honey_____ 7.5 . ' 8.4 rule. Therefore, action is taken herein to alter Airspace Docket No. 64-AL-6, by (b) Table honey. Table honey means Title 14-AERONAUTICS AND postponing the effective date until July honey having a good flavor of the pre­ 22,1965, and amending the effective time dominant floral source which can be SPACE of the control zone to 0700 to 1800 hours, readily marketed for table use in all parts local time, daily, April through Septem­ of the country. Such sources include Chapter I— Federal Aviation Agency ber. The effective time from October through March will remain the same. Alfalfa, Bird’s-foot Trefoil, Blackberry, [Docket No. 6501; Arndt. 39-73] Brazil Brush, Catsclaw, Clover, Cotton, Since the postponement of the effec­ Firewood, Gallberry, Huajillo, Lima PART 39— AIRWORTHINESS tive date is procedural in nature and the Bean, Mesquite, Orange, Raspberry, DIRECTIVES effective hours of operation are less re­ Sage, Saw . Palmetto, Sourwood, Star strictive upon the public, notice and pub­ Thistel, Sweetclover, Tupelo, Vetch, Lockheed Models 18, PV—1 and PV—2 lic procedure hereon are unnecessary. Series Aircraft Tn consideration of the foregoing, ex- Western Wild Buckwheat, Wild Alfalfa, fective immediately, Federal Register and similar mild-flavors, or blends of A proposal to amend Part 39 of the Document 65-3497 is amended as here- mild-flavored honeys, as determined by Federal Aviation Regulations to revise lafter set forth. . . the Director, Farmer Programs Division, Amendment 34 (24 FR . 6581), AD 59- 1. The effective date of the amena- ASCS. 16-2, as amended by Amendment 50 (24 lents set forth in Federal Register Doc- (c) Nontable honey. Nontable honey F.R. 8928), Lockheed Models 18, PV-1 ment 65-3497 as altered herein j s means honey having a predominant and PV-2 Series aircraft, by amending hanged from 0001 e.s.t., May 27, 1 > flavor of limited acceptability for table the applicability provision of the AD to i 0001 e.s.t.. July 22, 1965. Thursday, M ay 27, 1965 FEDERAL REGISTER 7099 2. In the text of the control zone de­posed rule making through the submis­ Issued in Washington, D.C., on May 21, scription “effective from 0600 to 2200 sion of comments. All comments re­ 1965. hours, local time, daily, April through ceived were favorable. D a n ie l E . B a r r o w , September” is deleted and “effective from In consideration of the foregoing, Part Chief, Airspace Regulations 0700 to 1800 hours, local time, daily, 71 of the Federal Aviation Regulations is and Procedures Division. April through September” is substituted amended, effective 0001 e.s.t., August 19, [F.R. Doc. 65-5502; Filed, May 26, 1965; therefor. 1965, as hereinafter set forth. 8:45 a.m .] (Sec. 307(a) of the Federal Aviation Act of In § 71.123 (29 F.R. 17509), V-261 is 1958; 49 U.S.C. 1348) revoked. [Airspace Docket No. 64-WA-85J (Sec. 307(a) of the Federal Aviation Act of Issued in Washington, D.C., on May 1958; 49 U.S.C. 1348) pa rt 71— designation o f fed er a l 21, 1965. AIRWAYS, CONTROLLED AIRSPACE, D a n ie l E . B a r r o w , Issued in Washington, D.C., on Mdy 21, Chief, Airspace Regulations 1965. AND REPORTING POINTS and Procedures Division. D a n ie l E . B a r r o w , PART 75— ESTABLISHMENT OF JET [F.R. Doc. 65-5499; F iled, M ay 26, 1965; Chief, Airspace Regulations ROUTES 8:45 a.m .] and Procedure Division. [F.R. Doc. 65-5501; Filed, May 26, 1965; Establishment of Jet Route and 8:45 a.m .] Designation of Control Area [Airspace Docket No. 65-CE-6] On March 17, 1965, a notice of pro­ PART 71— DESIGNATION OF FEDERAL [Airspace Docket No. 63-SW-121] posed rule making was published in the AIRWAYS, CONTROLLED AIRSPACE, F ederal R e g is t e r (30 F.R. 3549) stating AND REPORTING POINTS pa rt 71— designation o f fe d ­ that the Federal Aviation Agency was considering amendments to Part 71 and Designation of Federal Airway er a l AIRWAYS, CONTROLLED AIR­ SPACE, AND REPORTING POINTS Part 75 of the Federal Aviation Regula­ On March 23, 1965, a notice of pro­ tions that would designate a jet route posed rule making was published in the Revocation of Federal Airway from the Oakland, Calif., VORTAC, via Federal R e g is t e r (30 F.R. 3785) stating the Ukiah, Calif., VORTAC; the Fortuna, that the Federal Aviation Agency was On February 11, 1964, a notice of pro­ Calif., VOR; the North Bend, Oreg., considering the designation of a segment posed rule making was published in the VOR; the Newport, Oreg., VOR; the of Victor 171 from Bemidji, Minn., to F ederal R e g is t e r (29 F.R. 2352) stating Hoquiam, Wash., VOR; to the Seattle, Baudette, Minn. that the Federal Aviation Agency was Wash., VORTAC. It was further stated Interested persons were afforded an considering an amendment to Part 71 in the notice that this jet route would be opportunity to participate in the rule of the Federal Aviation Regulations that listed under § 71.161 of the Federal Avia­ making through the submission of com­ would revoke the north alternate of V-76 tion Regulations for the purpose of pro­ ments. All comments received were between San Angelo, Tex., and Austin, viding sufficient controlled airspace favorable. Tex., via Llano, Tex. along portions of the route that would lie In consideration of the foregoing, Part Interested persons were afforded an outside the continental control area. 71 of the Federal Aviation Regulations opportunity to participate in the pro­ Interested persons were afforded an is amended, effective 0001 e.s.t., July 22, posed rule making through the submis­ opportunity to participate in the pro­ 1965, as hereinafter set forth. sion of comments. Due consideration posed rule making through the submis­ § 71.123 (29 F.R. 17509) is amended as was given to all révélant matter pre­ sion of comments. All comments re­ follows: sented. ceived were favorable. In V-171 “to Alexandria, Minn.” is de­ The Air Transport Association of In consideration of the foregoing, leted and “to Alexandria, Minn. From America requested that V-76N not be Parts 71 and 75 of the Federal Aviation Bemidji, Minn., 12 AG via the INT of revoked until a route with controlled Regulations are amended, effective 0001 Bemidji 027° and Baudette, Minn., 178° airspace for the Trans-Texas Airways e.s.t., July 22, 1965, as hereinafter set radials; to Baudette. The portion within operation between Austin and Abilene, forth. R-4304, and the portion outside the Tex., was designated. Controlled air­ 1. In § 75.100 (29 F.R. 17776), the fol­ United States are excluded.” is substi­ space to protect this operation will be­ lowing is added: tuted therefor, come effective 0001 e.s.t., June 24, 1965, Jet Route No. 19 (Oakland, Calif., to as provided in Airspace Docket No. 63- Seattle, Wash.) From Oakland, Calif., via (Sec. 307(a) of the Federal Aviation Act of SW-98. N 1958; 49 U.S.C. 1348) Ukiah, Calif.; Fortuna, Calif.; North Bend, Rule making on the action proposed Oreg.; Newport, Oreg.; Hoquiam, Wash.; to Issued in Washington, D.C., on May herein was held in abeyance at the re­ Seattle, Wash. 21, 1965. quest of the Southwest Region until such 2. In § 71.161 (29 F.R. 17552), the fol­ D a n ie l E . B a r r o w , time as controlled airspace could be pro­ lowing is added: Chief, Airspace Regulations vided for the Trans-Texas Airways op­ Jet Route No. 19 from Fortuna, Calif., to and Procedures Division. eration. Since the latest FAA peak day Hoquiam, Wash. IFR airway traffic survey showed only [F.R. Doc. 65-5500; F iled, M ay 26, 1965; (Secs. 307(a) and 1110 of the Federal Avia­ 8:45 a.m .] one recent aircraft movement for the tion Act of 1958; 49 U.S.C. 1348, 1510, and segment for V-76N and controlled air­ Executive Order 10854; 24 FJt. 9565) space has been provided for the Trans- [Airspace Docket No. 65-EA-5] Texas Airways operation, retention of Issued in Washington, D.C., on May 21, V-76N as assignment of controlled air­ 1965. PART 71— DESIGNATION OF FEDERAL space is unjustified. D a n ie l E . B a r r o w , AIRWAYS, CONTROLLED AIRSPACE, In consideration of the foregoing, Part Chief, Airspace Regulations AND REPORTING POINTS 71 of the Federal Aviation Regulations is and Procedures Division. amended, effective 0001 e.s.t., July 22, [F.R. Doc. 65-5503; Filed, May 26, 1965; Revocation of Federal Airway 1965, as hereinafter set forth. 8:45 a.m .] On March 9, 1965, a notice of proposed In §71.123 (29 F.R. 17509), V-76 is rule making was published in the F ed­ amended by deleting everything after [Airspace Docket No. 65-WE-52] eral R egister (30 F.R. 3224) stating that “Austin, Tex.,” and substituting therefor PART 71— DESIGNATION OF FEDERAL the Federal Aviation Agency was con­ “including a south alternate via INT of AIRWAYS, CONTROLLED AIRSPACE, Llano 129° and Austin 257° radials; sidering an amendment to Part 71 of the AND REPORTING POINTS Federal Aviation Regulations that would Houston, Tex.; to Galveston, Tex. The revoke VOR Federal airway No. 261. airspace within R-6310 is excluded.” Alteration of Transition Area Interested persons were afforded an (Sec. 307(a) of the Federal Aviation Act of The purpose of this amendment to opportunity to participate in the pro­ 1958; 49 U.S.O. 1348) Part 71 of the Federal Aviation Regula- 7100 RULES AND REGULATIONS tions is to alter the description of the Naval Air Bases, 12th Naval District, sidering an amendment to Part 75 of the Blythe, Calif., transition area. Alameda, Calif.” and substituting there­ Federal Aviation Regulations that would The Blythe, Calif., transition area is for “Using agency. Commander, Fleet designate a jet route segment between presently designated, in part, with referr Air, Alameda, Calif.” Fort Dodge, Iowa and Mason City, Iowa. ence to the Blythe radio beacon which (Sec. 807(a) of the Federal Aviation Act of Interested persons were afforded an will be converted to an SABH facility on 1958; 49 US.C. 1348) opportunity to participate in the pro­ May 27, 1965. The instrument approach posed rule making through the sub­ procedure predicated on the radio bea­ Issued in Washington, D.C., on May mission of comments. All comments con will be canceled and the converted 20,1965. received were favorable. beacon will be classified as a VFR aid. Clifford P. Burton, In consideration of the foregoing, Part Therefore, action is taken herein to re­ Acting Director, 75 of the Federal Aviation Regulations voke the transition area based on the Air Traffic Service. is amended, effective 0001 e.s.t., July 22, Blythe radio beacon and redescribe the [F.R. Doc. 65-5505;1 Filed, May 26, 1965; 1965, as hereinafter set forth. transition area based on the Blythe 8 :46 a.m. J In § 75.100 (29 F.R. 17776), the fol­ VORTAC. lowing jet route is added: Since the change effected by this [Airspace Docket No. 65-WE-47] Jet Route No. 132 (Fort Dodge, Iowa, to amendment is less restrictive in nature Mason City, Iowa). From Fort Dodge, Iowa, than present requirements, notice and PART 73— SPECIAL USE AIRSPACE to Mason City, Iowa. public procedure hereon are unnecessary. Alteration of Restricted Areas (Sec. 307(a) of the Federal Aviation Act of In consideration of the foregoing, Part 1958; 49 U.S.C. 1348) 71 of the Federal Aviation Regulations is The purpose of these amendments to amended, effective 0001 e.s.t., May 27, Part 73 of the Federal Aviation Regu­ Issued in Washington, D.C., on May 21, 1965, as hereinafter set forth. lations is to change the using agency of 1965. In § 71.181 (29 F.R. 17649), the Blythe, Restricted Areas R-5701, R-6701, R-6705, Daniel E. Barrow, Calif., transition area is amended to R-6707, R-6708, and R-6713. Chief, Airspace Regulations read: The Department of the Navy has in­ and Procedures Division. B lythe, Calif. formed the Federal Aviation Agency that [F.R. Doc. 65-5507; Filed, May 26, 1965; That airspace extending upward from 700 responsibility for the facilities and ac­ 8:46 a.m .] feet above the surface within 2 miles each tivities at the above restricted areas has side of the Blythe VORTAC 227° radial, ex­ been assumed by the Commander Fleet [Airspace Docket No. 64-WA-76] tending from the ' arc of a 5-mile radius Air Whidbey, NAS Whidbey Island, circle centered on the Blythe Airport (lati­ Wash. For this reason, the U.S. Navy PART 75— ESTABLISHMENT OF JET tude 33°37'15" N., longitude 114°43'00" W.j ROUTES to 8 miles SW of the VORTAC; and that air­ has requested appropriate amendments space extending upward from 1,200 feet above to R-5701, R-6701, R-6705, R-6707, Designation of Jet Route the surface bounded on the N by latitude R-6708, and R-6713. 33°43'00" Nt, on the E by longitude 114°30'- Since these amendments are editorial On November 20, 1964, a notice of 0 0 " W., o n th e s by the arc of an 18-mile in nature, notice and public procedure proposed rule making was published in radius circle centered on the Blythe Airport, hereon are unnecessary and the amend­ the F ederal R egister (29 F.R. 15583) and on the W by longitude 115°00'00" W. ments may be made effective on less than stating that the Federal Aviation Agency (Sec. 307(a) of the Federal Aviation Act of 30 days’ notice. was considering an amendment to Part 1958, as amended; 72 Stat. 749; 49 U.S.C. In consideration of the foregoing, 75 of the Federal Aviation Regulations 1348) Part 73 of the Federal Aviation Regula­ that would designate a jet route from Issued in Los Angeles, Calif., on May tions is amended, effective immediately, the Memphis, Term., VORTAC to the 20,1965. as hereinafter set forth. Northbrook, III., VORTAC, via the Cen- J oseph H. T ippets, ^ 1. In § 73.57 (29 F.R. 17764), Restricted tralia, 111., VOR. On March 19, 1965, a Director, Western Region. Area R-5701 is amended by deleting supplementary notice of proposed rule from the text “Using agency. Com­ making was published in the F ederal [F.R. Doc. 65-5504; Filed, May 26, 1965; manding Officer, NAS Whidbey Island, R egister (30 F.R. 3666), altering the 8:46 a.m .] Wash.” and substituting therefor “Using proposal so that the jet route would agency. Commander Fleet Air Whid­ extend from Memphis via the intersec­ \ [Airspace Docket No. 65-WA-36] bey, NAS Whidbey Island, Wash.” tion of the Memphis 353° and the Cen- 2. In § 73.67 (29 F.R. 17771), Restricted tralia 196° True radiais; Centralia; to PART 73— SPECIAL USE AIRSPACE Areas, R-6701, R-6705, R-6707, R-6708 Northbrook. and R-6713 are amended by deleting Interested persons were afforded an Alteration of Restricted Area from the respective texts “Using agency. opportunity to participate in the pro­ The purpose of this amendment to Commanding Officer, NAS Whidbey posed rule making through the submis­ Part 73 of the Federal Aviation Regula­ Island, Wash.” and substituting therefor sion of comments. All comments re­ tions is to change the Using Agency of “Using agency. Commander Fleet Air ceived on the proposal, as altered in the Restricted Area R-4810 at Desert Moun­ Whidbey, NAS Whidbey Island, Wash.” supplementary notice of proposed rule making, were favorable. tains, Nev. (Sec. 307(a) of the Federal Aviation Act of In consideration of the foregoing, Part The Department of the Navy has in­ 1958 ; 49 U.S.C. 1348) 75 of the Federal Aviation Regulations formed the Federal Aviation Agency that Issued in Washington, D.C., on May is amended, effective 0001 e.s.t., July 22, responsibility for the facilities and activi­ 20,1965. 1965, as hereinafter set forth. ties at this restricted area has been as­ Clifford P. Burton, sumed by the Commander, Fleet Air, In § 75.100 (29 F JR. 17776), the follow­ Acting Director, ing jet route is added: Alameda, Calif. For this reason, the Air Traffic Service. U.S. Navy has requested an amendment Jet Route No. 71 (Memphis, Tènn., to to R-4810. [F.R. Doc. 65-5506; Filed, May 26, 1965; Northbrook, HI.). From Memphis, Tenu., 8:46 ajn .} via INT of Memphis 353° and the Centralia, Since this amendment is editorial in 111., 196° radiais; Centralia; to Northbroox, nature, notice and public procedure 111. . ' n't.-" ' ‘i, ; hereon are unnecessary and this amend­ [Airspace Docket No. 65—WÀ—13] (Sec. 307(a) of the Federal Aviation Act of ment may be made effective on less than PART 75— ESTABLISHMENT OF JET 1958; 49 U.S.C. 1348) 30 days’notice. Issued in Washington, D.C., on May In consideration of the foregoing, Part ROUTES 21, 1965. 73 of the Federal Aviation Regulations is Designation of Jet Route Daniel E. Barrow, amended, effective immediately, as here­ Chief, Airspace Regulations inafter set forth. On March 6,1965, a notice of proposed and Procedures Division. In § 73.48 (29 F.R. 17754), Restricted rule making was published in the F ed­ Area R-4810 is amended by deleting from eral R egister (30 F.R. 2953) stating that [F.R. Doc. 65-5508; Filed, May 26, 1965; the text “Using agency. Commander, the Federal Aviation Agency was con­ 8:46 a.m .] Thursday, M ay 27, 1965 FEDERAL REGISTER 7101

and thereafter until further notice, shall 394; 43 U.S.C. 31), and in section 24 of Title 25— INDIANS be made against all assessable irrigable the Act of June 10, 1920 (41 Stat. 1075; Chapter I— Bureau of Indian Affairs, land in the Camas Division that is not 16 U.S.C. 818), as amended, and pur­ included in an irrigation district organi­ suant to the determination of the Fed­ Department of the Interior zation regardless of whether water is eral Power Commission in DA-456- SUBCHAPTER T— OPERATION AND used. Colorado, it is ordered as follows: MAINTENANCE (2) The minimum charge when paid 1. The Executive Order of March 23, PART 221— OPERATION AND shall be credited on the delivery of the 1912, creating Powersite Reserve No. 253, pro rata per acre share of the available as conformed to survey by Interpreta­ MAINTENANCE CHARGES water up to one and one-half acre feet tion No. 340 of April 13, 1945, and the Flathead Indian Irrigation Project, per acre for the entire assessable area of Departmental order of February 24,1925, the farm unit, allotment or tract. Ad­ Montana creating Powersite Classification No. 89, ditional water, if available, will be de­ as conformed to survey by Interpretation On page 5708 of the F ederal R egister livered at the rate of three dollars and No. 338 of January 17, 1945, are hereby of April 22, 1965, there was published a thirty-four cents ($3.34) per acre foot or revoked so far as they affect the follow­ notice of intention to amend §§ 221.16 fraction thereof. ing-described lands: and 221.17 of Title .25, Code of Federal Ned O. T hompson, Sixth Principal Meridian Regulations, dealing with the irrigable Acting Area Director. lands of the Flathead Indian Irrigation T, 5S., R. 81 W., [F.R. Doc. 65-5518; FUed, May 26, 1965; Sec. 22, lo t 1; Project, Montana, that are not subject Sec. 23, lo ts 5, 9 a n d 10. to the jurisdiction of the several irriga­ 8:46 a.m .] tion districts. The purpose of the Containing 171.58 acres in Eagle amendments is to establish the assess­ County. ment rate for non-district lands of the The lands are situated on a moderate Flathead Indian Irrigation Project for Title 43— PUBLIC LANDS: to steep slope that drains into the Eagle 1965 and thereafter until further notice. River, about one mile downstream from Interested persons were given 30 days INTERIOR and due north of the Town of Minturn. within which to submit written com­ Chapter II— Bureau of Land Manage­ 2. Until 10 a.m. on November 18, 1965, ments, suggestions, or objections with ment, Department of the Interior the State of Colorado shall have a pre­ respect to the proposed amendments. ferred right of application to select the No comments, suggestions, or objections APPENDIX— PUBLIC LAND ORDERS lands as provided by R.S. 2276, as amend­ have been received, and the proposed [Public Land Order 3658] ed (43 U.S.C. 852). At 10 a.m. on No­ amendments are hereby adopted without [Utah 0140674] vember 18, 1965, the lands shall be open change as set forth below. to the operation of the public land laws Section 221.16 is amended to read as UTAH generally subject to existing valid rights, follows: the provisions of existing withdrawals, Partial Revocation of Public Water and the requirements of applicable law. § 221.16 Charges, Jocko Division. , Reserve All valid applications received at or prior (a) An annual minimum charge of By virtue of the authority vested in to 10 a.m. on November 18, 1965, shall be $2.96 per acre, for the season of 1965 and the President by section 1 of the Act of considered as simultaneously filed at that thereafter until further notice, shall be June 25, 1910 (36 Stat. 847; 43 U.S.C. time. Those filed thereafter will be con­ made against all assessable irrigable 141) and pursuant to Executive Order sidered in the order of filing. land in the Jocko Division that is not No. 10355 of May 26, 1952 (17 F.R. 4831), The lands have been open to applica­ included in an irrigation district organi­ it is ordered as follows: tions and offers under the mineral leasing zation, regardless of whether water is The Executive order of June 13, 1925, laws, and to location under the United used, v which established Public Water Reserve States mining laws. (b) The minimum charge when paid No. 91, is hereby revoked so far as it Inquiries concerning the lands should shall be credited on the delivery of the aifects the following described land: be addressed to the Manager, Land Office, pro rata per acre share of the available Bureau of Land Management, Denver, water up to one and one-half acre feet Salt Lake Meridian Colo. per acre for the entire assessable area of T. 36 S., R. 26 E., J ohn A. Carver, Jr., the farm unit, allotment or tract. Ad­ Sec. 28, SE&SW14. Under Secretary of the Interior. ditional water, if available, will be de­ The area described contains approxi­ May 20,1965. livered at the rate of one dollar and mately 40 acres, in San Juan County. ninety-six cents ($1.96) per acre foot or The land is nonpublic land. [F.R. Doc. 65-5521; Filed, May 26, 1965; fraction thereof. 8:46 a.m .] J ohn A. Carver, Jr., Section 221.17 is amended to read as follows: Under Secretary of the Interior. [Public Land Order 3660] § 221.17 Charges, Mission Valley and May 20,1965. [Id a h o 015897] Camas Divisions. [F.R. Doc. 65-5520; Filed, May 26, 1965; 8:46 a.m .] IDAHO (a) (l) An annual minimum charge of $3.27 per acre, for the season 1965 and Partial Revocation of Reclamation thereafter until further notice, shall be [Public Land Order 3659] Withdrawal (Mountain Home Divi­ made against all assessable irrigable land [Colorado 0124331] sion, Snake River Project) in the Mission Valley Division that is not included in an irrigation district organi­ COLORADO By virtue of the authority contained in zation regardless of whether water is section 3 of the Act of June 17, 1902 (32 used. : * • ~ Pow ersite Restoration No. 628; Stat. 388; 43 U.S.C. 416), as amended and (2) The minimum charge when paid Powersite Cancellation No. 218; supplemented, it is ordered as follows: shall be credited on the delivery of the Partial Revocation of Powersite Re­ 1. The departmental order of April 30, Pro rata per acre share of the available 1951, which withdrew lands for reclama­ serve No. 253; and Powersite Clas­ tion purposes is hereby revoked so far as water up to one and one-half acre feet sification No. 89 Per acre for the entire assessable area of it affects the following-described lands: the farm unit, allotment or tract. Ad­ By virtue of the authority vested in B oise Meridian ditional water, if available, will be de­ the President by section 1 of the Act of T,2N.,R.2E„ livered at the rate of two dollars and June 25, 1910 (36 Stat. 847; 43 U.S.C. Sec. 30, W%SE%. twenty-seven cents- ($2.27) per acre foot 141), and pursuant to Executive Order or fraction thereof. No. 10355 of May 26, 1952 (17 F.R. 4831), Containing 80 acres in Ada County. (b) (l) An annual minimum charge and by virtue of the authority contained The land lies on a plateau south of Ten of $4.34 per acre, for the season of 1965 in the Act of March 3, 1879 (20 Stat. Mile Creek, about nine miles south of 7102 RULES AND REGULATIONS Boisé. Topography is rolling. No sur­ Issued at Washington, D.C., May 21, [Docket No. 964; General Order 13] face water is available. 1965. PART 536— FILING OF TARIFFS BY 2. Until 10 a.m. on November 18, 1965, P hilip N. Brownstein, COMMON CARRIERS BY WATER IN the State of Idaho shall have a preferred Federal Housing Commissioner. THE FOREIGN COMMERCE OF THE right of application to select the lands as [F.R. Doc. 65-5540; Filed, May 26, 1965; provided by R.S. 2276, as amended (43 8:47 a.m .] UNITED STATES AND BY CONFER­ U.S.C. 852). After that date and hour ENCES OF SUCH CARRIERS the lands shall become subject to opera­ Cross R eference : For addition of new tion of the public land laws generally, Title 46— SHIPPING Part 536 to Chapter IV of Title 46 of subject to valid existing rights, the pro­ the Code of Federal Regulations, see Part visions of existing withdrawals, and the Chapter IV— Federal Maritime II of this issue of the F ederal R egister. requirements of applicable law. All valid Commission applications received at or prior to 10 a.m. on June 25,1965, shall be considered SUBCHAPTER B— REGULATIONS AFFECTING MAR­ as simultaneously filed at that time. ITIME CARRIERS AND RELATED ACTIVITIES Those filed thereafter shall be considered [General Order 7; Amdt. 2] Title 47— TELECOMMUNICATION in the order of filing. PART 528r—SELF-POLICING SYSTEMS Chapter I— Federal Communications 3. The lands have been open to appli­ Commission cations and offers under the mineral leas­ Reporting Requirements ing laws. They will be open to location Take notice that the Federal Maritime PART 2— FREQUENCY ALLOCATIONS under the United States mining laws AND RADIO TREATY MATTERS; after 10 a.m. on November 18,1965. Commission has amended its Part 528 of Inquiries concerning the lands should Title 46, CFR, to provide that in the GEN ERAL RULES AND REGULA­ be addressed to the Manager, Land Office, event that no complaints were received TIONS Bureau of Land Management, Boise, by the conferences and carriers subject Idaho. to the provisions of the part, or by any Miscellaneous Amendments J ohn A. Carver, Jr., person to whom they have delegated the The Commission having under con­ Under Secretary of the Interior. self-policing authority, during the six- month reporting period, or no actions sideration the desirability of making May 20,1965. certain editorial changes in Part 2, Sub­ were taken on complaints received in the part G of its rules and regulations; and [F.R. Doc. 65-5522; Filed, May 26, 1965; previous six-month period, a negative It appearing, that the amendments 8:46 a.m .] report so stating must be filed. While adopted herein are editorial in nature, most of the conferences and carriers sub­ and, therefore, prior publication of No­ ject to the reporting requirement have tice of Proposed Rule Making under the filed negative reports, inquiries have been provisions of section 4 of the Adminis­ Title 24— HOUSING AND received by the Commission from some trative Procedure Act is unnecessary, and conferences and carriers, subject to the the amendments may become effective self-policing requirements, as to whether HOUSING CREDIT immediately; and negative reports are required. Thus the It further appearing, that the amend­ Chapter II— Federal Housing Admin­ purpose of this minor amendment is to ments adopted herein are issued pur­ istration, Housing and Home clarify the confusion on the part of some suant to authority contained in sections Finance Agency of the conferences and parties to other 4(i), (5) (d) (1) and 303(r) of the Com­ rate-fixing agreements as to the require­ munications Act of 1934, as amended, SUBCHAPTER F— URBAN RENEWAL HOUSING IN­ ments for the filing of negative reports, and § 0.261(a) of the Commission’s rules; SURANCE AND INSURED IMPROVEMENT LOANS in the above instances, so that the Com­ It is ordered, This 21st day of May mission will be fully advised of the self­ PART 220— URBAN RENEWAL MORT­ 1965, that effective June 1, 1965, Part 2, policing activities of the parties subject Subpart G is amended as set forth below. GAGE INSURANCE AND INSURED to the reporting requirements. For these IMPROVEMENT LOANS reasons the Commission is of the opinion Released: May 21, 1965. that the procedure under which inter­ Subpart C— Eligibility Require­ ested parties may comment on proposed F ederal Communications Commission, ments— Projects rules is unnecessary for the purposes of this minor amendment and that the pro­ - [seal] Ben F. Waple, Development of P roperty visions of section 4(b) of the Adminis­ Secretary. In § 220.506 paragraph (b) is amend­ trative Procedure Act (5 U.S.C. 1003(b)) 1. Section 2.601 is amended to read as should be waived; follows: ed to read as follows:, Therefore, pursuant to sections 15, 21 § 220.506 Development of property. and 43 of the Shipping Act, 1916 (46 2.601 General. ***** U.S.C. 814, 820 and 841a), § 528.3 Re­ This subpart is corrected to June porting requirements, 46 CFR is hereby 965. The Commission does not dis- (b) Minimum number of units. Theamended by the addition of the following ribute copies of these documents, in- project shall consist of not less than two sentences “In the event that no com­ uiry may be made to the U.S. Gov- rental dwelling units on one site and may plaints were received during the six- rnment Printing Office concerning be detached, semidetached, or row month period, or no actions were taken vailability for purchase. houses, or a multifamily structure. The on complaints received in the previous 2. In § 2.603, paragraphs (a) and <.d> site may consist of two or more non­ six-month period, a negative report so ,re amended to read as set forth below, contiguous parcels of land whenever the stating must be filed.” he text of paragraph (c) is deleted an Commissioner shall have determined Effective date. This amendment shall he word “ [Reserved] ” is inserted in lie that the parcels are (1) so situated as become effective 30 days after publica­ hereof. to comprise a readily marketable real tion in the F ederal R egister. 2.603 Treaties and other international estate entity, and (2) within an area By the Commission, agreements relating to radio. small enough to allow convenient and (a) The applicable treaties and other efficient management. F rancis C. H urney, Special Assistant to ntemational agreements in force rela * * * * * the Secretary. ng to radio and to which the (Sec. 211, 52 Stat. 23; 12 U.S.C. 1715b. In­ itates of America is a party are Us [F.R. Doc. 65-5546; Filed, May 26, 1965; terprets or applies sec. 220, 68 Stat. 596, as 8:48 a.m .] «ivlnw • amended; 12 U.S.C. 1715k) hrdy Ma 2, 1965 27, ay M Thursday, Citations Subject Date Citations Subject Date

IV Trenwith 4248, 4250 US-UK (also for Canada and Newfoundland) Bilateral Arrange­ 11 UST 413. North American Regional Broadcasting Agreement (NARBA). 1925. ments providing for the Prevention of Interference by Ships oft TIAS 4460. Signed at Washington Nov. 15, 1950. Entered into force Apr. 19, and 4251. 1960. Effective between United States, Canada, Cuba, Dominican TS 724-A. the Coasts of these Countries with Radio Broadcasting. Effected by exchange of notes September and October 1925. Entered into Republic, and the United Kingdom of Great Britain and Northern force Oct. 1, 1925. Ireland for the Bahama Islands. Ratification on behalf of Jamaica 1929 For. Eel., vol. II, p. US-Canada Arrangement governing Radio Communications between pending. 1928 and 1929-~ Private Experimental Stations. Effected by exchange of notes at 2 UST (1) 683. US-Libena Arrangement regarding Radio Communications between 114. Amateur Stations on Behalf of Third Parties. Effected by ex­ TS 767-A. Washington, Oct. 2 and Dec. 29,1928, and Jan. 12, 1929. Entered TIAS 2223. into force Jan. 1, 1929. This arrangement is continued by the change of notes at Monrovia Nov. 9,1950, and Jan, 8,9, and 10,1951. arrangement contained in EAS 62. Entered into force Jan. 11,1951. US-Canada Convention relating to the Operation by Citizens of 1929. IV Trenwith 4787; US-Canada (including Newfoundland) Arrangement relating to 3 UST (3) 3787. TS 777-A. Assignment of High Frequencies on the North American Contir TIAS 2508. Either Country of Certain Radio Equipment or Stations in the nent. Effected by exchange of notes at Ottawa on Feb. 26 and 28, Other Country, Signed at Ottawa Feb. 8, 1951,. Entered into 1929. Entered into force Mar. 1,1929. (Originally, Cuba was also force May 15,1952. a party to this arrangement, but by virtue of notice to the Canadian 3 UST (2) 2860. US-Guba Agreement concerning the Control of Electromagnetic Government, it ceased to be a party effective Oct. 5,1933.) TIAS 7103 2459. Radiation. Effected by exchange of REGISTER notes FEDERAL at Havana Dec. 10 and 18,1951. Entered into force Dec. 18,1951. 1934. 48 Stat. 1876. US-Canada Arrangement relative to Radio Communications be­ FAS 62. tween Private Experimental Stations and between Amateur 3 UST (3) 3892. US-Cuba Arrangement regarding Radio Communications between Stations. Continues the arrangement contained in TS 767-A. TÏAS 2520. Amateur Stations on Behalf of Third Parties. Effected by ex­ Effected by exchange of notes at Ottawa April 23, and May 2 and 4, change of notes at Havana Sept. 17,1951, and Feb. 27, 1952. En­ 1934. Entered into force May 4, 1934. tered into force Feb. 27,1952. US-Peru Arrangement regarding Radio Communications between 3 UST (3) 4443. US-Canada Agreement relating to the Assignment of Television 1934. 49 Stat. 3555. Frequency Channels along United States-Canadian Border. FAS 66. Amateur Stations on Behalf of Third Parties. Effected by ex­ TIAS 2594, change of notes at Dima Feb. 16 and May 23, 1934. Entered into /Effected by exchange of notes at Ottawa Apr. 23 and June 23, 1952. force May 23, 1934. Entered into force June 23,1952. US-Canada Agreement for the Promotion of Safety on the Great 1934. 49 Stat. 3667. US-Chile Arrangement regarding Radio Communications between 3 UST (4) 4926. FAS 72. Amateur Stations on Behalf of Third Parties. Effected by ex­ TIAS 2666. Lakes by Means of Radio. The agreement applies to vessels of all change of notes at Santiago Aug. 2 and 17, 1934. Entered into countries as provided for in Article 3. Signed at Ottawa Feb. 21, force Aug. 17, 1934. _ ' . . 1952. Entered into force Nov. 13, 1954. London Revision (1952) of the London Telecommunications Agree­ 1937. 53 Stat. 1576. Inter-American Radio Communications Convention between the 3 UST (4) 5140. TS 938. United States and Other Powers. Signed at Havana Dec. 13, TIAS 2705. ment (1949) between the United States and Certain British Com­ 1937, (Fust Inter-American Radio Conference.) Entered into monwealth Governments. Signed at London Oct. 1, 1952. En­ force for the United States July 21, 1938 for Parts I, III, and IV; tered into force Oct. 1,1952. This amends the agreement contained Apr. 17, 1939 for Part H. Part n of the Convention (Inter-Ameri­ in TIAS 2435 signed at London Aug. 12, 1949. can Radio Office) terminated for all parties Dec. 20, 1958 (TlAS 5 UST (3) 2840. US-Canada Understanding relating to the Sealing of Mobile Radio 4079): TIAS 3138. Transmitting Equipment. Effected by exchange of notes at 1938...... ¿4« 54 Stat. 1675. Regional Radio Convention between the United States (in behalf o Washington Mar. 9 and 17, 1953. Entered into force Mar. 17,1953. TS 949. the Canal Zone) and Other Powers. Signed at Guatemala City 7 UST 2179.—. US-Panama Agreement regarding Radio Communications between Dec. 8,1938. Entered into force Oct. 8, 1939. TIAS 3617. Amateur Stations on Behalf of Third Parties. Effected by ex­ 1938...... L — — 53 Stat. 2092. US-Canada Agreement regarding Radio Communications between change of notes at Panama July 19 and Aug. 1,1956. Entered into FAS 142. Alaska and British Columbia. Effected by exchange of notes at force Sept. 1,1956. Washington June, July, August, September, October, November, 7 UST 2839. US-Costa Rica Agreement regarding Radio Communications be­ and December, 1938. Entered into force Aug. 1,1938. TIAS 3665. tween Amateur Stations on Behalf of Third Parties. Effected by 1939...... 53 Stat. 2157—- US-Canada Arrangement governing the Use of Radio for Civil Aero­ exchange of notes at Washington’Aug. 13 and Oct. 19, 1956. En­ EAS 143. nautical Services. Effected by exchange of notes at Washington tered into force Oct. 19,1956. •' Feb. 20,1939. Entered into force Feb. 20, 1939. 7 UST 3159. US-NicaraguaAgreement regarding Radio Communications between 1940...... 54 Stat. 2483...... US-Mexico Agreement relating to Radio Broadcasting. Effected by TIAS 3694. Amateur Stations on Behalf of Third Parties. Effected by ex­ EAS 196. exchange of notes at Mexico Aug. 24 and 28, 1940. Entered into change of notes at Managua Oct. 8 and 16, 1956. Entered into force Mar. 29,1941. force Oct. 16, 1956. 1946...... 60 Stat. 1696...... US-USSR Agreement' on Organization of Commercial Radio Tele­ 12 UST 734. US-Mexico Agreement regarding Radio Broadcasting in the Standard TIAS 1527. type Communication Channels. Signed at Moscow May 24, 1946. TIAS 4777. Broadcast Band. Signed at Mexico Jan. 29, 1957. Entered into Entered into force May 24,1946. force June 9,1961, , nu7 61 Stat. (3) 3131. US-UK Agreement regarding Standardisation of Distance Measuring 9 UST 1037. Multilateral Declaration between the United States and Other TIAS 1652. Equipment. Signed at Washington Oct. 13, 1947. Entered into TIAS 4079. Powers terminating Part II (Inter-American Radio Office) of the force Oct. 13,1947. Inter-Amèrican Radio Communications Convention of Dec. 13, 1947...... 61 Stat. (4) 3416. US-UN Agreement relative to Headquarters of the United Nations. 1937 (TS-938). Signed at Washington Dec. 20,1957, Entered into TIAS 1676. Signed at Lake Success June 26,1947. Entered into force Nov. 21, force Dec. 20, 1967. Additionally, a Contract on the Exchange of 1947, by an exchange of notes between the United States Repre­ Notifications of Radio Broadcasting Frequencies between the Pan sentative to the United Nations and the Secretary General of the American Union, the United. States and Other Powers was signed UN. at Washington Dec. 20, 1957. Entered into force Jan. 1,1958. 1947...... 61 Stat. (4) 3800 US-Canada Agreement providing for Frequency Modulation Broad­ 9 UST 1091-. US-Mexico Agreement regarding Allocation of Ultra High Frequency TIAS 1726. casting in Channels in the Radio Frequency Band 88-108 Mc/s. TIAS 4089. . Channels to Land Border Television Stations. Effected by ex­ Effected by exchange of notes at Washington Jan. 8 and Ocjt. 15, change of notes at Mexico July 16,1958. Entered into force July 16, 1947. Entered into force Oct. 15,1947. 1958. 1048 . _ _ 9 UST 621...... Intergovernmental Maritime Consultative Organization (EMCO) 10 UST 2423. Telegraph Regulations (Geneva Revision, 1958) Annexed to the In­ TIAS 4044. Convention. Signed at Geneva Mar. 6, 1948. Entered into force TIAS 4390. ternational Telecommunication Convention. Signed at Geneva Mar. 17,1958. Nov. 29, 1958. Entered into force Jan. 1,1960. 1040 3 UST (2) 2686.. London Telecommunications Agreement between the United States 10 UST 1449. US-Mexico Arrangement regarding Radio Communications between TIAS 2435. and Certain British Commonwealth Governments. Signed at .TIAS 4295. Amateur Stations on Behalf of Third Parties. Effected by ex­ London Aug. 12, 1949. Entered into force Feb. 24, 1950. This change of notes at Mexico July 31,1959. Entered into force Aug. 30, agreement was amended by TIAS 2705 which was signed Oct. 1, 1959. 1952. 11 UST 267.. US-Honduras Agreement regarding Radio Communications between 1949 ...... — — 3 UST (3) 3064. Inter-American Radio Agreement between the United States and TIAS 4442. Amateur Stations on Behalf of Third Parties. Effected by ex­ TIAS 2489. Canada and Other American Republics. Signed at Washington change of notes at Tegucigalpa Oct. 26,1959, and Feb. 17,1960, and July 9,1949. (Fourth Inter-American Radio Conference.) Entered related note of Feb. 19,1960. Entered into force Mar. 17,1960. into force Apr. 13,1952, subject to the provisions of Article 13. id UST 3019. US-Venezuela Arrangement regarding Radio Communications be­ 1950 ..... 3 TJST (2) 2672. U S-Ecuador Arrangement regarding Radio Communications between TIAS 4394. tween Amateur Stations on Behalf of Third Parties. Effected TIAS 2433. Amateur Stations on Behalf of Third Parties. Effected by exchange by exchange of notes at Caracas Nov. 12, 1959. Entered into force of notes at Quito Mar. 16 and 17, 1950. Entered into force Mar. 17, Dec. 12, 1959. 1950. ing countries other than the United States did not become a party to subsequent 7104 Date Oitations Subject treaties and agreements. These include the following:

1959...... 12, UST 1761______International Telecommunication Convention. Signed at Geneva Date Citations if Subject TÍAS 4892. Dec. 21,1959. Entered into force with respect to the United States Oct. 23,1961. 1959 12 UST 2377...... International Radio Regulations Annexed to the International 1912...... 38 Stat. 1672...... __ International Radiotelegraph Convention. : Sighed at London July 5 TIAS 4893. Telecommunication Convention. Signed at Geneva Dec. 21, TS 581. 1912. Entered into force July 1, 1913. Superseded by the Inter­ 1959. Entered into force with respect to the United States Oct. 23, national Radiotelegraph Convention and General Regulations, 1961. Revised by the Partial Revision of the Radio Regulations, Washington, 1927 (TS 767). Geneva, 1959, signed at Geneva Nov. 8,1963 (TIAS 5603). 1927...... 45 Stat. 2760...... International Radiotelegraph Convention and General Regulations, I960 ...... 11 UST 1...... - US-Haiti Agreement regarding Radio Communications between TS 767. Signed at Washington Nov. 26, 1927, Entered into force Jan. t> TIAS 4399. Amateur Stations on Behalf of Third Parties. Effected by ex­ 1929. Superseded by the International Telecommunication Con­ change of notes at Port-au-Prince Jan. 4 and 6,1960. Entered intb vention and General Radio Regulations, Madrid, 1932 (TS 867). force Feb. 5,1960. 1932...... 49 Stat. 2 391...... __— International Telecommunication Convention and General Radio I960 ...... International Convention for the Safety of Life at Sea and Annexed TS 867. Regulations, - Signed at Madrid Dec. 9 1932. Entered into fort» TIAS 5780. Regulations. Signed at London June 17,1960. Entered into force for the United States June 12,1934. The General Radio Regula­ May 26, 1965. tions were replaced by the General Radio Regulations, Cairq I960 ...... - 11 UST 2229...... US-Paraguay Agreement regarding Radio Communications between Revision, 1938 (TS 948). The Convention was superseded by the TIAS 4596. Amateur Stations on Behalf of Third Parties. Effected by ex­ International Telecommunication Convention, Atlantic City, 1947 change of notes at Asuncion Aug. 31 and Get. 6, i960. Entered (TIAS 1901). into force Nov. 5,1960. 1937...... 54 Stat. 2514...... Inter-American Arrangement concerning Radiocommunications and 1961 12 UST 1695...... US-Bolivia Agreement regarding Radio Communications between EAS 200. Annex. Signed at Havana Dec. 13, 1937. (First Inter-American TIAS 4888. Amateur Stations on Behalf of Third Parties. Effected by ex­ Radio Conference.) Entered into force for the United States change of notes at La Paz Oct. 23,1961. Entered into force Nov. 22, July 18,1938. . This arrangement was replaced by the Inter-Ameri­ 1961. : can Agreement concerning Radiocommunications, Santiago, 1940 19fi2 . 13 UST 997...... US-Mexico Agreement relating to the Assignment of VHF Television (EAS 231). TIAS 5043. Channels along United States-Mexican Border. Effected by ex­ 1938...... 54 Stat. 1417...... Général Radio Regulations (Cairo Revision, 1938) Annexed to the change of notes at Mexico Apr. 18, 1962. Entered into force Apr. TS 948, International Telecommunication Convention, Madrid, 1932. 18,1962. Signed at Cairo Apr, 8, 1938. Entered into force Sept. 1, 1939. 1962 •- 13 UST 411...... US-El Salvador Arrangement regarding Radio Communications Superseded by the Radio Regulations, Atlantic City, 1947 (TIAS TIAS 5001. between Amateur Stations on Behalf of Third Parties. Effected

1901). REGULATIONS AND RULES by exchange of notes at San Salvador Apr. 5, 1962, Entered into 1940...... 55 Stat. 1482...... Inter-American Radiocommunications Agreement between the United force May 5,1962. EAS 231. States, Canada and Other American Republics. Signed at Santi­ 1962 .. __ 13 UST 2418...... US-Canada Agreement relating to the Coordination and Use of Radio ago Jan. 26, 1940. (Second Inter-American Radio Conference.) TIAS 5205. Frequencies above 30 Mc/s. Effected by exchange of notes at Entered into force with respect to the United States Feb. 25,1942; Ottawa Oct. 24,1962. Entered into force Oct. 24, 1962. Replaced by the Inter-American Radio Agreement, Washington, 1963 ...... 14 UST 817...... US-Dominican Republic Agreement regarding Radio Communica­ 1949 (TIAS 2489). TIAS 5360. tions between Amateur Stations on Behalf of Third Parties. 1947...... 63 Stat. (2) 1399...... International Telecommunication Convention and Radio Régula Effected by exchange of notes at Santo Domingo Apr. 18 and 22, TIAS 1901. tions. Signed at Atlantic City Oct. 2; 1947, Entered into force 1963. Entered into force May 22,1963. Jan. 1,1949. The Convention was superseded by the international 1963 15 UST 887______Partial Revision of the Radio Regulations, Geneva, 1959. Signed Telecommunication Convention, Buenos Aires, 1962 (TIAS 3266). TIAS 5603. at Geneva Nov. 8,1963. Entered into force Jan. 1,1965. The Radio Regulations were superseded by the International 1963 ___.> 14 UST 1754...... US-Coloinbia Agreement regarding Radio Communications between Radio Regulations, Geneva, 1959 (TIAS 4893). TIAS 5483. Amateur Stations on Behalf of. Third Parties.. Effected by ex­ 1948...... L 3 UST (3) 3450...... International Convention for the Safety of Life at Sea and Annexed change of notes at Bogota Nov. 16 and 29,1963. Entered into force TIAS 2495, Regulations. Signed at London June 10,1948. Entered into force Dec. 29,1963. Nov. 19, 1952. Replaced by the International Convention for the 1964...... US-Costa Rica Agreement regarding Alien Amateur Radio Opera­ Safety of Lifo at Sea and Annexed Regulations, London, 1960 (TIAS TIAS 5649. tors, Effected by exchange of notes at San Jose Aug. 17 and 24, 5780). 1964. Entered into force Aug. 24, 1964. 1949...... 2 UST (1)17..-.^-.— -— Telegraph Regulations (Paris Revision, 1949) Annexed to the Inter­ 1964...... US-Other Governments Agreement establishing Interim Arrange­ TIAS 2175, national Telecommunication Convention. Signed at Paris Aug. 5, 5646. ments for a Global Commercial Communications Satellite System 1949. Entered into force with respect to the United States Sept. 26, and Special Agreement. Done at Washington Aug. 20,: 1964. 1950. Superseded by the Telegraph Regulations, Geneva Revision, Entered into force'Aug. 20,1964. 1958 (TIAS 4390). 1965..j — ____ US-Dominican Republic Agreement regarding Alien Amateur Radio 1952...... 6 UST 1213...... International Telecommunication Convention. Signed at Buenos TIAS 6766. Operators. Effected by exchange of notes at Santo Dorhingo TIAS 3266. Aires Dec. 22,1952. Entered into force with respect to the United Jan. 28 and Feb. 2,1965; Entered into force Feb. 2, 1965. States June 27, 1955. Superseded by the International Telecom­ 1065 US-Bolivia Agreement regarding Alien Amateur Radio Operators. TIAS 5777. Effected by exchange of notes at La Paz Mar. 16, 1965. Entered munication Convention, Geneva, 1959 (TIAS 4892). into force, Apr. 15, 1965. 1965 US-Ecuador Agreement regarding Alien Amateur Radio Operators. TIAS 5779. Effected by exchange of notes at Quito Mar. 16, 1965. Entered into (c) [Reserved] force Mar. 26,1965. (See. 4, 48 Stat. 1066, as amended; 47 U.S.C. 154. Interpret or apply sec. 303, 48 Stat. 1082,, as am ended; sec. 5,6 6 Stat, 713; 47 U.S.C. 803,155) (b) With respect to its relations with several countries, the United States is 1,1 •. ; ■ t ■' - / : r Vi ' ; A, hi, p bound by certain superseded treaties and agreements because some of the contract- [F.R. Doc. 65-5558; Filed, May 26,1965; 8:45 ajn.]

t Thursday, May 27, 1965 FEDERAL REGISTER 7105

[Docket No. 15696; FCC 65-418] cate that the primary requirement for [FCC 65-419; RM-754] the proposed action is not for widespread pART 2— FREQUENCY ALLOCATIONS implementation, but for marker beacons PART 2— FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; operating in generally well-defined loca­ AND RADIO TREATY MATTERS; GENERAL RULES AND REGULA­ tions for limited time periods only and GEN ERA L RULES AND REGULA­ TIONS for special purposes with which civil avi­ TIONS ation will not be concerned. Government Aeronautical Radio- 6. On the basis of the above considera­ PART 87— AVIATION SERVICES navigation Operations tions the matter has been re-negotiated Frequency for Use By Survival Craft 1. Notice of proposed rule making in with the ODTM to meet the original ob­ jectives but in a fashion designed to Stations and By Equipment Used for the above entitled matter was adopted Survival Purposes by the Commission on November 12, afford more equitable treatment to non- Government licensees in the band. To 1964, and was published in the F édéral O rder achieve that end, footnotes US79 and Register on November 18, Î964 (FCC 64- At a session of thé Federal Communi­ 1038, 29 F.R. 15445). Comments on the NG18 are deleted and a new footnote US97 is added. The net result, as shown cations Commission held at its offices in proposal contained therein were due on Washington, D.C., on the 19th day of December 22, 1964 and reply comments in detail in the attachment, will afford protection to all aeronautical radionavi­ May 1965; were due on January 4, 1965. Com­ The Commission, having before it for ments were timely filed by Hastings- gation operations on 1638 and 1708 kc/s from both Government and non-Govern- consideration the desirability of making Raydist, Inc. and by Offshore-Raydist, certain changes to the Table of Fre­ Inc., and no requests for extension of ment radiolocation operations; whereas the expanded Government aeronautical quency Allocations, § 2.106, and to the filing times were received. service rules and regulations affected 2. In the notice, it was proposed to radionavigation service will be accom­ modated throughout the remainder of thereby; and remove the limitation on the band 1605- It appearing,, that the Office of the 1715 kc/s imposed by the present foot­ the band 1605-1715 kc/s on a co-equal basis with the other services to which the Director of Telecommunications Man­ note US79 insofar as it pertains to Gov­ agement and the Commission are in ernment aeronautical radionavigation band is allocated. 7. In view of the foregoing, it is the agreement on the desirability of com­ stations, while retaining the limitation mon availability of frequencies for use insofar as it applies to non-Govemment Commission’s opinion that the public in­ terest will be served by adoption of the by survival craft stations and equipment aeronautical radionavigation operations. used for survival purposes; and Footnote US79 presently reads: changes as set forth befow. Accordingly, it is ordered, This 19th day of May 1965, It further appearing, that Article 5, US79 The aeronautical radionavigation that pursuant to authority contained in Footnote 309, and Article 28, paragraph service m ay b e a u th o riz e d th e u se of th e section 4(1) and 303 of the Communica­ 999 of the international Radio Regula­ frequencies 1638 kc/s and 1708 kc/s only. tions Act as 1934, as amended, Part 2 of tions (Geneva 1959) presently provide 3. In the existing national Table, the the Commission’s rules is amended as set for such operation on a worldwide basis ; band 1605-1715 kc/s is allocated on a forth below effective July 1,1965, and the and co-equal basis to the aeronautical radio- proceeding in Docket No. 15696 is hereby It further appearing, that paragraph navigation, fixed, land mobile, maritime terminated. 2.1.1(d) of Part H Annex 10 to the Inter­ mobile and radiolocation services. This national Civil Aviation Organization basic allocation is then modified by foot­ Released: May 21,1965. Convention provides for the use by avi­ note US79, which says that the aeronau­ F ederal C ommunications ation of 243 Mc/s by survival radio equip­ tical radionavigation service may use C o m m is s io n , ment on a worldwide basis ; and only 1638 and 1708 kc/s. In accord­ [ se a l ] B e n F . W a p l e , It further appearing, that the fre­ ance with footnote NG18 the non-Gov- Secretary. quency 243 Mc/s is in the band 225-328.6 ernment radiolocation service is then In § 2.106, the Table of Frequency Al­ Mc/s which is allocated to Government afforded only secondary status insQfar locations is amended as shown in col­ services only; that the only services as aeronautical radionavigation on 1638 umns 7 and 8 for the frequency band which would be affected thereby are and 1708 kc/s is concerned. By chang­ 1605-1715 kc/s; footnotes ÜS79 and NG Government services; and that the Gov­ ing US79 to an NG footnote, while leav­ 18 are deleted; and footnote US97 is ernment agencies concerned have con­ ing NG18 unchanged, we would find the added in appropriate numerical se­ curred in making the frequency available non-G'overnment radiolocation service quence, as follows: for this purpose; accordingly, public secondary to Government aeronautical notice, as required by section 4 of the radionavigation throughout the band, § 2.106 Table of frequency allocations. Administrative Procedures Act, is neither with no similar constraints applied to * * • * * necessary nor appropriate; and Government radiolocation operations. F ederal C ommunications C ommission It further appearing, that the require­ 4. Both Hastings and Offshore pointed ment that survival craft equipment au­ out the recent increase in the number Band (kc/s) Service thorized the use of 243 Mc/s must also and diverse radiolocation operations be equipped to transmit on 121.5 Mc/s is which they are conducting, the large in­ (7) (8) based on the United States Position to vestment in equipment involved, and the the Seventh Session of the ICAO Com­ necessary harmonic relationship of fre­ • * * ♦ * • munication Division, the recommenda­ 1605-1715 (US- AERONAUTICAL RADIO-NAVI quencies assigned for the operations. 97) GATION. tions of the Radio Technical Commission Consequently, it was argued, correcting FIXED. for Aeronautics and the Aircraft Owners LAND MOBILE. a situation should interference arise m a r it im e Mo b il e . and Pilots Association’s petition for rule could generate considerable hardship to RADIOLOCATION. making (RM-754) ; and the radiolocation operation. It was rec­ It further appearing, that this order ommended by Hastings that the Commis­ * • * * * grants the petition for rule making (RM- sion review all applications for licensing US97 The use of the band 1605-1715 754) filed by Aircraft Owners and Pilots in the band to minimize potential inter­ kc/s by non-Government stations in the Association during the time this matter ference to the radiolocation service. A aeronautical radionavigation service is lim­ was receiving consideration and inter­ shnilar recommendation was made by ited to the frequencies 1638 and 1708 kc/s. agency coordination and is dispositive Offshore except that it was also suggested Stations in the radiolocation service shaU of all issues raised therein; and that an agreement be made whereby not cause harmful interference to stations It further appearing, that the amend­ Government aeronautical radionaviga­ in the aeronautical radionavigation service ments adopted herein are issued pursuant tion use of the 1605-1715 kc/s band be operating on 1638 or 1708 kc/s. to authority contained in sections 4(i) minimized or confined to separate fre­ (Sec. 4, 48 Stat. 1066, as amended; 47 U.S.C. and 303 (c) and (r) of the Communica­ quencies below 1620 kc/s. 154. Interprets or applies sec. 303, 48 Stat. tions Act of 1934, as amended; 5. Discussions with the Office of Direc- 1082, as amended; 47 U.S.C. 303) It is ordered, That the petition for rule frvTk rrelecommunications Management [F.R. Doc. 65-5531; Filed, May 26, 1965; making (RM-754) filed by Aircraft lODTM) concerning the proposal indi­ 8:47 a.m .] Owners and Pilots Association is granted No. 102— P t. 7106 RULES AND REGULATIONS and that effective July 1, 1965, Parts 2 which it is desired to maintain communi­ vation. If demand for an additional and 87 of the Commission’s rules and cation. commercial TV station at Casper arises, regulations are amended as set forth (Sec. 4, 48 Stat. 1066, as amended; 47 U.S.C. it can be met by use of a UHF channel below. 154. Interprets or applies sec. 303, 48 Stat. assigned there, or, if it appears appro­ priate, an additional VHF assignment Released: May 21,1965. 1082, as amended; 47 U.S.C. 303) [F.R. Doc. 65-5532; Filed, May 26, 1965; possibly could be made. F ederal Communications 8:47 a.m .] 4. In view of the foregoing; It is or­ Commission, dered, That effective July 1, 1965, the [seal] Ben F. W aple, Television Table of Assignments Secretary. [Docket No; 15772, RM-656; FCC 65-451] (§ 73.606(b) of the Commission’s rules 1. In §2.106, thé Table of Frequency and regulations) is amended, to read as PART 73— RADIO BROADCAST follows : Allocations, columns 5 and 6 are amended SERVICES with respect to the frequency band 225- § 73.606 Table of frequency assign- 328.6 Mc/s; footnote (309) is deleted; Table of Assignments, Television m e n ts . and a new footnote US98 is added in ap­ Broadcast Stations, Casper, Wyo­ * * * * * propriate numerical sequence to read as ming (b ) * * * follows: 1. The Commission has before it for C ity Channel No. § 2.106 Table of frequency allocations. consideration the Notice of Proposed Casper, Wyo_____ -.------2 -f, *6 + * * * * * Rule Making in this proceeding,1 which ♦ * * ♦ * U nited States asked for comment on a proposal to re­ (Sec. 4, 48 Stat. 1066, as amended; 47 U.S.C. serve Channel 6+ , already assigned to 154. In te rp re ts o r applies sec. 803, 48 Stat. Band (Mc/s) Allocation Casper, Wyo.ras a noncommercial edu­ 1082, as amended; 47 U.S.C. 303) cational channel. No comments were (5) (6) received, although letters from the Gov­ Adopted: May 19,1965. * * * * * * ernor of Wyoming and the National As­ Released: May 21,1965. 225-328.6 G. sociation of Educational Broadcasters F ederal Communications (31.0) have been received endorsing the pro­ (US17) Commission,2 (US98) posal. [seal] Ben F. W aple, 2. The petition was submitted by the Secretary. 4c * * Natrona County High School District and Natrona School District Number Two of [F.R. Doc. 65-5533; Filed, May 26, 1965; US98 The frequency 243 Mc/s is the. fre­ Casper. These public elementary and 8:47 a.m .] quency in this band for use by Government and non-Government survival craft stations secondary schools in Casper (located in and equipment used for survival purposes. Natrona County) have been using tele­ vision for classroom instructional pur­ 2. Section 87.65(a) (6) is amended toposes for the past five years, using the Title 50— WILDLIFE AND read as follows: facilities of Station KTWO-TV, Channel FISHERIES § 87.65 Frequency stability. 2 - f at Casper, and also the local CATV system to bring in Denver's ETV Station (a) * * * Chapter I— Bureau of Sport Fisheries KRMA-TV. The ETV programs broad­ and Wildlife, Fish and Wildlife (6 ) Band 136 to 470 Mc/s: cast over KTWO-TV are also used by Fixed stations : other school systems within the station’s Service, Department of the Interior Pow er 50 w o r less______0. 005 4 service area, and these schools have PART 28— PUBLIC ACCESS, USE, AND Power above 50 w ------*. 002 formed the “Greater Wyoming Instruc­ Land stations ______B. 005 RECREATION Mobile stations; tional Council” to help defray the ex­ Survival craft stations ______. 01 pense of the educational programming Salt Plains National Wildlife Refuge, Land Mobile stations with power on KTWO-TV. An educational station Oklahoma above 50 w ------,------2. 002 at Casper is felt to be a normal outgrowth Aircraft and all other mobile of existing activities, which would per­ The following special regulation is s ta tio n s ______5. 005 mit ETV programming to fit the needs issued and is effective on date of publi­ Radionavigation stations ______*. 005 of Wyoming schools without the limita­ cation in the F ederal R egister. ***** tions of the present arrangement, i.e., the § 28.28 Special regulations; public ac­ 3. In § 87.183, paragraph (1) is deletedneed for relying on material produced for the Denver school system and the diffi­ cess, use, and recreation; fo r indi­ and new paragraphs (1) and (aa) are vidual wildlife refuge areas. added to read as follows: culty of clearing time on the local com­ mercial station. Such a station, it is Oklahoma § 87.183 Frequencies available. stated, would_provide assistance to all SALT PLAINS NATIONAL WILDLIFE REFUGE * * * * * schools throughout the station’s service (1) 243 Mc/s: This is an emergency area and in particular make available Portions of the Salt Plains National and distress frequency available for use specialized instruction and educational Wildlife Refuge, Jet, Okla., are open to by survival craft stations and equipment techniques otherwise unavailable to the public access, use, and recreation, subject used for survival purposes which are also individual schools. to the provisions of-Title 50, Code of equipped to transmit on the frequency a 3. The public interest would be served Federal Regulations, and the public use 121.5 Mc/s. Use of 243 Mc/s shall be by the reservation of Channel 6+ at area is designated on maps available at limited to transmission of signals and Casper as a noncommercial channel, in­ the refuge office and from the Regional communications for survival purposes. asmuch as substantial benefits would Director, Bureau of Sport Fisheries an Types A3 and A2 emission may be flow from the operation. Petitioners Wildlife, Post Office Box 1306, Aiou- querque, N. Mex., 87103, and subject employed. state that they have already commenced ♦ * * * * the following special conditions: work on the overall plan for such an ETV (1) The public is permitted to enter (aa) In addition to the frequencies operation and the apparent intention is upon the Great Salt Plains from the west specifically designated in this part, a li­ to finance the operation through the along designated routes of travel to - censee, when operating an aircraft sta­ Television Council, State and local agen­ lect gypsum (selenite) crystals, v - tion outside the United States as defined cies and the Federal matching-fund hides will be allowed only along in the Communications Act of 1934, as program. Financing would be facili­ travel lanes and parking areas as are amended, may use such frequencies as tated by our presently making the reser- rwstpri for such activity. may be required to maintain communi­ 2 Commissioner Bartley by dissenting and cations by the authority having juris­ 1 Adopted Dec. 23, 1964, released Dec. 28, diction over the ground stations with 1964 (FCC 64-1204; 29 F.R. 19262). Commissioner Wadsworth absent. Thursday, May 27, 1965 FEDERAL REGISTER 7107 (2) Each individual may collect for his personal use up to a maximum of 10 pounds plus one crystal or crystal clus­ ter per day. • (3) Digging for crystals will be con­ fined to areas posted for such activity. (4) The period of use shall be on Saturdays, Sundays and holidays from May 30 through October 10, 1965, inclu­ sive. Gates will be opened to the col­ lecting area at 7 a.m. and closed at 5:30 P .m . The provisions of this speoial regula­ tion supplement the regulations which govern public access, use, and recreation on wildlife refuge areas generally which are set forth in Title 50, Code of Federal Regulations, Part 28, and are effective through October 10, 1965. W il l ia m T, K r u m m e s , Acting Regional Director, Albuquerque, N. Mex. M a y 21,1965. [F.R. Doc. 65-5539; Filed, May 26, 1965; 8:47 a.rri.} Proposed Rule Making

on the proposal, consideration will be Stat. 280), which are hereinafter referred DEPARTMENT OF THE TREASURY given to any data, views, or arguments to as “the acts of 1949 and 1958.” pertaining thereto which are submitted (2) Coordination of activities. The Bureau of Customs in writing to the Commissioner of Cus­ paramount purpose of the Government [ 19 CFR Ch. I 1 toms, Washington, D.C., and received in creating national parks and acquiring within a period of 30 days from the date lands therefor is to conserve the scenery [327.1] of the publication of this notice in the and the natural and historic objects and FLUORSPAR IMPORTED IN RAILROAD F ederal R e g is t e r . the wildlife therein and to provide for the enjoyment of the same in such man­ CARS [ se a l ] L e s t e r D. J o h n s o n , Acting Commissioner of Customs. ner and by such means as will leave them Change in Method of Sampling for unimpaired for the enjoyment of future Analysis Approved: May 20,1965. generations. The acts of 1949 and 1958 provide in part that the mineral rights A notice of a proposal to change the J a m e s A. R e e d , reserved pursuant to those acts in lands method of sampling certain fluorspar Assistant Secretary of the acquired for Everglades National Park for customs analysis purposes was pub­ Treasury. shall be exercised by the owners subject lished in the F ederal R e g is t e r on March [F.R. Doc. 65-5553; Filed, May 26, 1965; to reasonable rules and regulations which 6, 1965 (30 F.R. 2952). It has come to 8:49 a.m .] the Secretary of the Interior may pre­ the attention of the Bureau that the scribe for the protection of the Park; phrase “Change in Method of Analyzing” and further provide that all operations used in the heading of the notice may in the exercise of such rights shall be possibly be misconstrued to mean that DEPARTMENT OF THE INTERIOR carried on under such regulations as the it is proposed to change the method National Park Service Secretary may prescribe to protect the presently in use for chemically analyzing lands and areas for Park purposes. Ac­ the fluorspar. The proposal is not in­ [ 36 CFR Part 7 1 cordingly, all parties in interest under tended to change the method of chemical mineral reservations are required to analysis of the samples but to provide SPECIAL REGULATIONS RELATING TO conform to, and be governed by, the for combining assay samples taken from PARKS AND MONUMENTS regulations in this section pertaining to each railroad car of a multiple car ship­ mineral operations and to all other reg­ ment for the purpose of obtaining a Everglades National Park, Florida ulations applicable to Everglades Na­ composite sample which will be repre­ Notice is hereby given that pursuant tional Park: Provided, That such regu­ sentative of the contents of all the cars. to the authority contained in section 3 lations shall not prevent the parties in In addition, the phrase “on the basis of of the act of August 25, 1916 (39 Stat. interest from exercising their right to the dry weights of the fluorspar in the 535; 16 U.S.C. 3), 245 DM-I (28 F.R. explore for, develop, extract, and remove cars,” has been eliminated as unneces­ 915), National Park Service Order No. the oil, gas and other minerals from the sarily restrictive, since samples may be 14 (19 FR. 8824), Regional Director, Park area in accordance with sound con­ accurately composited on either the wet Southeast Region Order No. 3 (21 F.R. servation practices. or dry basis without affecting the final 1493) as amended, it is proposed to (3) Operator. As used in this section, assay result, which is always given on amend § 7.45 of Title 36, Code of Federal an operator shall mean anyone having the dry basis. This notice is given to Regulations, as is set forth below. The the right (whether as owner of a re­ clarify in these two respects the proposal purpose of this amendment is to re-word served mineral interest, lessee, holder of published on March 6, 1965. and re-group the existing regulations for operating rights, or otherwise) to pros­ v When a consignment of fluorspar, clarity; and to add new paragraphs pect or explore for, develop, produce, or consisting of multiple cars in a railroad which will facilitate management of the remove oil, gas, or other minerals under train, is shipped from one supplier to one area, conserve the natural resources, and a mineral reservation pursuant to the consignee, the method of sampling em­ preserve the wilderness values. acts of 1949 and 1958. ployed by the Bureau of Customs has It is the policy of the Department of (4) Registration. Before entering the been ta take a test sample from each car the Interior, whenever practicable, to Park for the purpose of conducting any and to classify the contents of each car afford the public an opportunity to par­ operations under a reserved minéral in­ for customs purposes on the basis of the ticipate in the rule making process. Ac­ terest, the operator shall register with laboratory test of the sample taken from cordingly, interested persons may sub­ the Superintendent. Such registration each car. mit written comments, suggestions, or shall show the operator’s name and ad­ It has been determined that, under the objections with respect to the proposed dress, the name and address of operator s circumstances described, assays of amendments to the Superintendent, local agent in charge of operations, the samples of each individual railroad car Everglades National Park, Post Office approximate location where operations are not required for tariff classification Box 279, Homestead, Fla., within 30 days are to be conducted, a brief description or other customs purposes. Therefore, of the date of publication of this notice of the proposed operations and the type notice is hereby given that under the au­ in the F ederal R e g is t e r . of equipment to be used, and reference thority of general headnote 12 of the Section 7.45 is deleted in its entirety or citation to the lease, operating agrfe" Tariff Schedules of the United States (19 and a new § 7.45 is added to read as ment or other instrument upon whicn U.S.C. 1202) , it is proposed to continue follows: the operator’s right to conduct opera- to take samples from each car of a multi­ ms is based. ple car shipment of fluorspar from one § 7.45 Everglades National Park. (5) Surface use restrictions. The sur- consignor to one consignee, arid to (a) Mining— (1) Scope. The regula­ ,ce use of land within the Park shall composite such samples to arrive at a stricted to purposes of mineral expiora- tions in this section are made, prescribed, on, development and production, ine final sample the chemical composition of and published to govern the exploration, which, as determined by laboratory tests, jerator shall take such reasonable step will be used to classify the contents of development, extraction and removal of i may be needed to prevent operatic the cars in the multiple car shipment oil, gas, or other minerals on lands ac­ om unnecessarily causing or contrrn - under the provisions of the Tariff quired for Everglades National Park sub­ ig to damage to any vegetation or _ Schedules of the United States. ject to the reservation of the oil, gas or •owth or pollution of the waters of tne This notice is published pursuant to mineral rights therein as authorized irk; and, to the extent not inconsistent section 4 of the Administrative Procedure pursuant to the acts of October 10, 1949 ith the terms of the reserved nnnera Act (5 U.S.C. 1003). Prior to final action (63 Stat. 733) and of July 2, 1958 (72 Lterest. shall conduct operations in such 7108 Thursday, May 27, 1965 FEDERAL REGISTER 7109 manner as to safeguard and protect the (e) Special protection of aquatic life. by the Superintendent and otherwise wildlife, scenic features, and recreational (1) The killing, wounding, capturing, regulated in accordance with the follow­ values and improvements. The operator molesting, removing, or disturbing in ing: shall secure approval of the Superin­ any manner of any aquatic vegetation (i) Crab traps permits for over 5 traps tendent as to the location and purpose or wildlife, including but not limited to and for a maximum of 200 traps will be of any surface structures or buildings to sponges, sea fans, sea whips, other gor- Issued only to applicants who possessed be erected. The operator shall take such gonias, coral, sea turtle, terrapin, por­ crab trap permits in the Park prior to reasonable steps as may be needed to poise, manatee, whale, alligator, croco­ January 1, 1964. Permittees shall serv­ prevent and suppress forest, brush, or dile, and eggs or nests thereof, is pro­ ice their own traps. grass fires. Upon termination of opera­ hibited: Except, That this will not apply (ii) Crab traps shall be made of wood tions, or at any time prior thereto as to fish wherever fishing is permitted in lath with one rectangular opening not to required by the Superintendent as to accordance with applicable provisions of exceed 16 square inches in area and the unneeded facilities, the operator shall this chapter. The unauthorized posses­ longer dimension shall not exceed 5 fill any sump holes, ditches, and other^ sion within the Park of any vegetation inches. Crab traps shall be buoyed; the excavations, remove structures and or of the dead body of any wildlife, or buoys shall be of an approved type and debris or cover same so as to restore the any part thereof, or of the eggs of any color and shall have the permit number surface of the land to its former condi­ wildlife, shall be prima facie evidence painted on in at least two-inch numerals. tion in a manner satisfactory to the that persons having the same are guilty Only male blue and stone crabs may be Superintendent. The right to explore of violating the provisions of this regula­ taken. The claws of stone crabs must for or extract gas, oil, or other minerals tion. be 4 inches in overall length and remain from lands upon which there are mineral (f) Closed areas. When necessary to attached to the body of the crab while in reservations shall be exercised in such protect nesting or roosting birds, or the Park. The equipment or material manner that surface operations therefor nesting crocodiles or sea turtles, the used in crab trapping shall be permitted will at no time come within 500 feet of Superintendent may close any area upon in the Park only during the Florida stone any structure, road, or facility used for the posting of appropriate signs. crab open season. Park purposes. (g) Fishing. The regulations apply (iii) Bait traps shall not be more than (6) Access ways. Access ways by to all waters within the boundaries of two feet by two feet by one foot, built of water, or for roads, vehicle trails, or Everglades National Park as described in Vi” to Vz" wire mesh containing not pipelines, shall be over routes approved the act of July 2, 1958 (72 Stat. 280). more than two openings, two and one- by the Superintendent and subject to (1) All persons taking fish from any half inches by one inch or smaller. Bait such reasonable restrictions as may be of the waters of the Park by any method traps must be buoyed and shall be iden­ imposed by the Superintendent for pro­ and not using such fish because of size, tified by painting the boat registration tection of the Park. Each application edible quality, or other reasons, shall number on the buoy. Not more than for an access way shall be accompanied immediately release and return such fish three bait traps per boat shall be per­ by a map showing the location of the alive to the waters from which taken. mitted. Bait traps shall be used for property to be served and the location No such fish may be left on any bank, the taking of minnows only. A minnow of tiie proposed water route, road, vehi­ shore, beach, dock, fish cleaning table, shall be defined for the purposes of this cle trail,or pipeline. or at any other place out of water. paragraph as being a small non-game (7) Lessee under a mining lease. A (2) The placing or depositing of fish fish under six inches in length of a lessee under a mining lease which was eggs, fish roe, food, or other substance species commonly used as bait, but does granted by the State of Florida prior to in any inland lake, bay, canal, river or not include silver mullet or other fish the enactment of the acts of 1949 and other inland body of water, for the pur­ protected by other federal or Florida 1958, and which is still in force, being pose of attracting, collecting, or feeding laws. Bait fish shall not be taken an operator having the right to prospect fish is prohibited. commercially. or explore for, develop, produce, or re­ (3) Persons engaged in commercial (iv) Bait and crab traps shall be used move oil, gas, or other minerals, shall fishing in the waters of the Park open only in the following described waters comply with the requirements of the for this purpose must possess a com­ of the Park: regulations in this paragraph. mercial fishing license as provided by (b) Use of Park roads. The use of Blackwater Sound, Buttonwood Sound, and Florida laws. that portion of Florida Bay south of a line federally owned roads within Everglades (4) The Superintendent may require drawn from the southern tip of Boggy Key National Park by trucks and other con­ all persons fishing commercially within to the northern tip of Waleback Key, to the veyances for hauling cmt of the Park for, the Park, on waters open for this pur­ southeastern tips of South Nest Key, North commercial purposes, fish, bait, aquatic 5 pose, to obtain an annual commercial Butternut Key, and Bottle Key, and thence life, or other edible products from the fishing permit. southwesterly following the southslde of a Park waters is prohibited. (5) Seahorses, starfish, tropical fish, series of banks to the southern tip of Low (c) Prohibited conveyances. (1) Ve­ Key, Stake. Key, and Manatee Key, thence and non-game fresh water fish shall not westerly to a small unnamed key north of hicles designed to operate cross-country, be taken for commercial purposes. Jimmies Channel, thence south following commonly referred to as “glades bug­ (6) The taking of oysters or clams shoal waters to Captains Key, thence west­ gies”, are prohibited. from the waters of the Park for sale or erly following shoal waters touching a series (2) Amphibious wheeled vehicles shall commercial use is prohibited, provided, of unnamed keys to Panhandle Key, thence be operated only on roadways and water that visitors may gather only by hand or southerly past Gopher Keys, thence follow­ areas open to public travel and use. Op­ rake, a reasonable amount of oysters or ing Twin Key Banks to Twin Keys, thence eration of this type vehicle on any beach clams for personal use only, southerly to North Peterson Key. thence or other land area is prohibited. westerly along shoal waters to the south tip (7) The taking of crawfish by any of Buchanan Keys and continuing westerly (3) Vessels or other conveyances with method for commercial purposes is pro­ to the southernmost Lower Arsniker Key, underwater propellers or jets shall not hibited. Crawfish may be taken by hand thence northwesterly following the west be operated in the grass area of the or bully net during the open season pre­ bank of Nine Mile Bank to Blue Bank and glades. scribed by the State of Florida. continuing northwesterly to Sandy Key, (4) Vessels equipped with a propeller (8) Bully nets may have a spread of thence to the Intracoastal Waterway Marker above the water line, commonly referred No. 2 south of East Cape Sable and in addi­ not more than 3 feet and a pocket of tion the area south and west of a line con­ to as an “airboat” are prohibited. not more than 3 feet measured from rim necting points from said marker to points (d) Applicability of other laws. Ex­ to tip. one mile offshore from East Cape, Middle cept as otherwise provided in this section (9) Cast nets shall be of the type Cape, Northwest Cape, Shark Light, Shark and by Part 1 of this chapter, all fishing, thrown by hand by one person and are Point, Highland Point, Porpoise Point, boating, and other related activities in Seminole Point, Mormon Key, Pavilion Key, not to exceed 18 feet in diameter of Babbit Key, Indián Key Light, to the Park Everglades National Park shall be done spread. boundary corner at approximately 25*50' N. In accordance with the laws of the State (IQ) Traps for the purpose of taking latitude, 80*30' W. longitude. of Florida, and other applicable federal crabs shall be used only by holders of laws. Traps shall not be placed closer than non-transferable annual permits issued 200 feet to any key or marked waterway. 7110 PROPOSED RULE MAKING

(11) Balt nets shall not be more than closed to all fishing: Township 58 South, <4) Motorboats are prohibited in the 100 feet in length, nor more than four Range 37 East, Sections 10 through 15, following inland fresh water areas: Long feet in depth and shall be used for the inclusive. Pine Key Lake, Pine Glade Lake, Sisal taking of minnows for noncommercial (20) The following area bordering the Pond, Big Fiscus Pond, Sweetbay Pond, bait purposes only. Shark Valley Loop Road from Tamiami Paurotis Pond, Nine Mile Pond, Royai (12) Gill nets shall not exceed 400 Trail south is closed to all fishing: Sec­ Palm Pond, Pine Island Pond, and Para­ yards in length and shall have a stretch tions 19, 30, 31, Township 54 South, chute Key Ponds. mesh of not less than two and one-half Range 36 East. Sections 6, 7, 18, 19, (5) Areas closed to motorboats of inches measured from knot to knot after and 30; Township 55 South, Range 36 more than 5% horsepower are as follows: being shrunk. Twine used in gill nets East. Bear Lake, Fox Lakes, Gator Lake, Mud shall be only 9/20 cotton, 16/3 linen, or (21) The following described areas are Lake, Homestead Canal, the flooded Cape number 139 nylon. Only one lead line closed to fishing with nets, seines, or any Sable Flats, The Lungs, Alligator Creek and one cork line shall be permitted and other method of taking fish or other and Little Sable Creek. neither lead nor cork line shall be more products of the sea for sale, and for the (6) Waterborne vessels primarily de­ than Yi inch in diameter. No purses, use of nets or seines for non-commercial signed for living quarters or used for that pockets, trammels, or special devices for purposes: purpose, commonly referred to as a entrapping or catching fish shall be used (1) All inland bays, bights, canals, lakes, “houseboat,” shall not be placed in or bn gill nets, except for commercial pom­ rivers, or other bodies of water lying inland operated in the waters of the Park for pano fishing as provided in subpara­ from the shores of Florida Bay and in addi­ more than 14 days without first obtain­ graph 13. Gill nets shall not be tarred tion the area north of a line drawn from ing a permit issued by the Superintend­ or contain hoops. Gill nets may be tied Christian Point to Shark Point to Mosquito ent, Said permit will prescribe anchor­ together and used in groups of not more Point, including Otter Key, thence to Croco­ age location, length of stay, sanitary re­ than three provided that the nearest net dile Point to Terrapin Point to Madeira Point and then following the mainland quirements, and such other conditions as or groups of nets shall be at least 1,000 shoreline so as to include Little Madeira Bay, considered necessary. yards from any other gill net. Gill nets Mud Bay, Joe Bay and Snag Bay, to Rocky (7) Boat races, regattas, pageants, and shall not be dragged and shall be taken Creek, thence along the south shore of Long other spectacular types of water recrea­ in by hand only. Sound, to Manatee Creek, so as to include tion are prohibited within the Park. \ (13) Trammel nets may be used.for Long Sound. (8) No person shall tamper with or taking pompano only. Trammel nets (ii) All inland bays, lakes, canals, rivers enter, start, move or cause to be moved, a shall be made of number 9 twine having and other bodies of water lying inland from moored or docked boat not lawfully un­ the nearest recognizable mainland shoreline a stretch mesh of not less than 14 inches, from Flamingo to East Cape Sable and north der his control. This restriction shall on gill nets of npt less than 4%-inch to the mouth of the Turner River and then not apply to employees of the National stretch mesh, made with 139 nylon, 9/20 north along that part of Chokoloskee Bay Park Service or other employees of the cotton, or 16/3 linen twine only, and which is within the Park. For the purpose Federal Government or duly authorized shall not exceed 1,200 yards in length. of this paragraph, the mainland shoreline officials in connection with their official Only one cork line and one lead line shall be considered to be that area where duties. may be used, each line being *4 inch in the west coast rivers flow into the Gulf of (9) Except where different speed diameter. Trammel nets shall not be M exico, limits are indicated by posted signs or dragged and shall be taken in by hand (22) West Lake Pond, Coot Bay Pond, markers, speed of boats shall not exceed only. When used at night such nets and other small ponds bordering the 40 miles per hour in the waters of the shall be marked by lighted buoys. Park Road within one mile of Coot Bay Park. Trammel nets shall hot be used within Pond shall be closed to fishing during (10) The following area bordering the the Florida Bay area of the Park. those periods as determined by the Su­ Shark Valley Loop Road from Tamiami (14) Dip nets having a spread of not perintendent that such action is neces­ Trail south is closed to all boating: Sec­ more than three feet and a pocket of not sary to protect feeding and roosting tions 19, 30, and 31, Township 54 South, more than three feet measured from rim birds. Notice of closing shall be given Range 36 East; Sections 6, 7,18, 19, and to tip may be used for taking shrimp for by the posting of appropriate signs at 30, Township 55 South, Range 36 East. personal use only. these areas. S t a n l e y C. J o s e p h , (15) Stopnetting is prohibited in thè (23) Only the passes known as Indian Superintendent, waters of the Park. Stopnetting is here­ Key Pass, Rabbit Key Pass, and Choko­ Everglades National Park. by defined as the placing, setting, or loskee Pass in the vicinity of Everglades using of nets in any manner that closes and Chokoloskee Island may be used to [F.R. Doc. 65-5519; Filed, May 26, 1965; the mouths of rivers, lakes, streams, bays, bring in or take out nets, products of the 8:46 a.m .] passes or bayous, or used on any bank, sea, and gear which is legal in State fiat, or water bottom in a manner that waters, but illegal in Park waters. causes fish to become suffocated because (h) Boating. (1) Cuthbert Lake shall of the lowering tides and prevents their be closed to motorboats; Provided, how­ FEDERAL AVIATION AGENCY passage to deep Water. Possession of fish ever, That when bird rookery conditions E l 4 CFR Part 71 1 with mud in their gills shall be prima- make it administratively desirable to do [Airspace Docket No. 65-WE-9] facie evidence of stopnetting. so, sightseeing boats operated by the au­ (16) Possession of gill nets, trammel thorized Park concessioner may be per­ CONTROL ZONE, TRANSITION AREAS, nets, crab traps or other commercial fish­ mitted on Cuthbert Lake. AND CONTROL AREA EXTENSION ing equipment while in closed waters as (2) West Lake Pond, West Lake, Long provided by this section shall be prima- Lake, The Lungs, and all connecting Proposed Designation and Revocation facie evidence of engaging in prohibited creeks inland from the shoreline of Gar­ The Federal Aviation Agency is con­ commercial fishing activities in said field Bight shall be closed to all vessels sidering amendments to Part 71 of the areas. during those periods, as determined by Federal Aviation Regulations which (17) No other net, seine, trap, spear, the Superintendent, that these areas are would alter the controlled airspace in explosive or other device for entrapping, being used by feeding birds. At all other the Montague, Calif., terminal area. catching, killing, or taking fish, bait or times, these areas shall be open only to The Federal Aviation Agency has com­ other similar edible products of the water hand-propelled vessels or Class A motor- pleted a comprehensive review of the may be used or may be in possession of boats powered by motors not to exceed terminal airspace structure requirements any person within the Park except hook 5 l/z horsepower that can be launched by in the Montague, Calif., terminal area, and line or a pole and line, held in the hand. Notice of closing will be given by including studies attendant to the imple­ hand. . the posting of appropriate signs at these mentation of the provisions of caw (18) No person shall leave unattended areas. - ■ • - ■ amendments 60-21/60-29, and is consid­ for more than five (5) days any fish net, (3) Except to effect a rescue or unless ering the following airspace actions: bait trap, crab trap, or other device used otherwise specifically authorized, no per­ 1. Designate the Montague control in catching products of the sea. son shall land on the keys or beaches of . (19) The following areas in the vi­ Florida Bay except those marked by signs zone as that airspace within a 5-mue cinity of Royal Palm Visitor Center are denoting the area open. radius of Siskiyou County Airport, Mon- Thursday, May 27, 1965 FEDERAL REGISTER 7111 tague, Calif, (latitude 41°46'55" N.t lon­ notice in order to become part of the controlled airspace proposed for desig­ gitude 122°28'00" W.), and within 2 record for consideration. The proposal nation within R-2303A and R-2303B. miles each side of the Siskiyou TACAN contained in this notice may be changed The control zone will be in effect from 194° radial, extending from the 5-mile in the light of comments received. 0600 to 2000 hours, local time, Monday radius zone to 7 miles SW of the TACAN, A public Docket will be available for through Friday, and from 0600 to 1800 excluding the airspace within a 1-mile examination by interested persons in the hours, local time, Saturday and Sunday, radius of Montague-Yreka Airport (lati­ office of the Regional Counsel, Federal excluding Federal legal holidays, the tude 41o43'50,, N„ longitude 122°32'45" Aviation Agency, 5651 West Manchester hours during which the Libby AAF con­ W.). Avenue, Los Angeles, Calif., 90045. trol tower is in operation. 2. Revoke • the presently designated This amendment is proposed under the Interested persons may submit such Montague control area extension. authority of section 307(a) of the Fed­ written data, views, or arguments as they 3. Designate the Montague transition eral Aviation Act of 1958, as amended may desire. Communications should be area as that airspace extending upward (72 Stat. 749; 49 U.S.C. 1348). submitted in triplicate to the Director, from 700 feet above the surface within Issued in Los Angeles, Calif., on May Western Region, Attention: Chief, Air a 7-mile radius of Siskiyou County Air­ 20,1965. Traffic Division, Federal Aviation Agency, 5651 West Manchester Avenue, Post port, Montague, Calif, (latitude 41°46'- W m . S lade H ardee, 55" N., longitude 122°28'00" W .); that Acting Director, Western Region. Office Box 90007, Airport Station, Los airspace extending upward from 1,200 Angeles, Calif., 90009. All communica­ feet above the surface bounded on the [F.R. Doe. 65-5509; Filed. May 26, 1965; tions received within 45 days after publi­ 8:46 a.m .[ 5 by latitude 41°25'00" N., on the W cation of this notice in the F ederal by V-23, on the NW by a line extending R e g is t e r will be considered before action from latitude 41°55'00" N^ longitude [1 4 CFR Part 71 1 is taken on the proposed amendment. 122°45'00" W., to latitude 42°04'00" N., No public hearing is contemplated at longitude 122°38'00" W., on the N by [Airspace Docket No. 65-WE-33] this time, but arrangements for informal latitude 42°04'00" N., on the E by the CONTROL ZONE AND TRANSITION conferences with Federal Aviation Agen­ arc of a 40-mile radius circle centered on AREA cy officials may be made by contacting the Klamath Falls, Oreg., VORTAC, and the Regional Air Traffic Division Chief. on the SE by a line extending from lati­ Proposed Designation Any data, views, or arguments presented tude 41°41'30" N., longitude 122o10'00" during such conferences must also be W., to latitude 41°25'00" N., longitude The Federal Aviation Agency is con­ submitted in writing in accordance with 122620'00" W. sidering amendments to Part 71 of the this notice in order to become part of the 4. Designate the Fort Jones, Calif., Federal Aviation Regulations which record for consideration. The proposal transition area as that airspace extend­ would designate a part-time control zone contained in this notice may be changed ing upward from 9,509feet MSL bounded and a transition area at Libby AAF, Fort in the light of comments received. on the NE by V-23 and V-23W, on the Huachuca, Ariz. A public Docket will be available for S by latitude 41°19'00" N., and on the The Federal Aviation Agency has com­ examination by interested persons in the W by longitude 122631'00" W. pleted a comprehensive review of the office of the Regional Counsel, Federal The controlled airspace proposed for terminal airspace structure requirements Aviation Agency, 5651 West Manchester designation herein will provide protec­ in the Fort Huachuca area, including Avenue, Los Angeles, Calif., 90045. studies attendant to the implementation This amendment is proposed under the tion for aircraft executing prescribed in­ of the provisions of CAR Amendments strument approach, departure, radar authority of Section 307(a) of the Fed­ vectoring, and holding procedures within . 60-21/60-29, and proposes the following eral Aviation Act of 1958, as amended airspace actions: (72 Stat. 749; 49 U.S.C. 1348). the Siskiyou County terminal area. Con­ 1. Designate the Fort Huachuca con­ trol tower service will be furnished by trol zone as that airspace within a Issued in Los Angeles, Calif., on May the U.S, Air Force. Weather reporting 5-mile radius, of Libby AAF, Fort Hua­ 19,1965. service will be furnished by the FAA’s chuca, Ariz. (latitude 31°35'00" N., lon­ L e e E. W a r r e n , Plight Service Station at Montague, Acting Director, Western Region. Calif. gitude 110°20'30" W .), and within 2 miles each side of the 114° bearing from the [FR. Doc. 65-5510; Piled, May 26, 1965; The designation of a transition area Libby AAF RBN, extending from the 8:46 a j n .j with a floor of 9,500 feet m.s.l. at Fort 5-mile radius zone to 14 miles SE of the Jones would provide protection for air­ RBN. This control zone shall be effec­ l 14 CFR Part 71 1 craft executing holding procedures pre­ tive from 0600 to 2000 hours, local time, scribed for the Fort Jones VOR. Monday through Friday, and from 0600 [Airspace Docket No. 65-SO-25] At a future date, after adjacent ter­ to 1800 hours, local time, Saturday and CONTROL ZONE AND TRANSITION minal areas have been examined, it is Sunday, excluding Federal legal holidays. AREA planned that the floors of the airways 2. Designate the Fort Huachuca tran­ adjacent to Siskiyou County Airport will sition area as that airspace extending Afteration of Proposed Redesignation be raised to 1,200 feet or more above the upward from 700 feet above the surface surface. In a notice of proposed rule making within a 6-mile radius of Libby AAF, published in the F ed era l R e g is t e r on Interested persons may submit such Fort Huachuca, Ariz. (latitude 31°35'00" May 7, 1965 (30 FJt. 6399) it was stated, written data, views, or arguments as they N., longitude 110°20'30" W .), and within in part, that the Federal Aviation Agency may desire. Communications should be 2 miles each side of the 114° bearing proposed to redesignate the transition submitted in triplicate to the Director, from the Libby AAF RBN, extending area at Memphis, Tenn. Western Region, Attention: Chief, Air from the 6-mile radius area to 14 miles The proposed redesignated portion of Traffic Division, Federal Aviation Agency, SE of the RBN; that airspace extending the Memphis transition area extending 5651 West Manchester Avenue, Post Of­ upward from 1,200 feet above the sur­ upward from 700 feet above the surface fice Box 90007, Airport Station, Los face bounded on the E by longitude was described as follows: That airspace Angeles, Calif., 90009. All communica­ 110°00'00" W., on the S by latitude extending upward from 700 feet above tions received within 45 days after pub­ 31°25'00'' N., on the W by longitude the surface within a 7-mile radius of the lication of this notice in the F ederal 110°30'00" W., on the N by the Tucson, Memphis Metropolitan Airport (latitude R eg ister will be considered before action Ariz., transition area, and on the NE by 35°03'00" N., longitude 89°58'15" W.) ; is taken on the proposed amendment. V-66. within 2 miles each side of the Memphis No public hearing is contemplated at this The controlled airspace proposed for Runway 9 ILS localizer W course, ex­ time, but arrangements for informal con­ designation herein will provide protec­ tending from the 7-mile radius area to 8 ferences with Federal Aviation Agency tion for aircraft executing prescribed officials may be made by contacting the miles W of the OM; within 2 miles each instrument approach, departure, radar side of the Memphis Runway 9 tt><=} Regional Air Traffic Division Chief. Any vectoring, and holding procedures within localizer E course, extending from the data, views, or arguments presented dur­ the Libby AAF terminal area. Approval 7-mile radius area to 16 miles E of the ing such conferences must also be sub­ from appropriate authority would be re­ airport; within 2 miles each side of the mitted in writing in accordance with this quired before using those portions of Memphis Runway 35 ILS localizer S 7112 PROPOSED RULE MAKING course, extending from the 7-mile radius Southern Region, Attention: Chief, Air 114 CFR Part 75 ] area to 8 miles S of the OM; within an Traffic Division, Federal Aviation 8-mile radius of the West Memphis Air­ Agency, Post Office Box 20636, Atlanta, [Airspace Docket No. 65-WA-15] port (latitude 35°08'24" N., longitude Ga., 30320. All communications re­ JET ROUTE 90°14'00" W .); within an 8-mile radius ceived within 30 days after publication of the Twinkle Town Airport (latitude of this notice in the F ederal R e g is t e r Withdrawal of Proposed Designation 34°55'45" N.f longitude 90°10'05" W.). will be considered before action is taken On March 9, 1965, Federal Register Subsequent to the issuance of the on the proposed amendment. No hear­ Document No. 65-2405 was published in notice of proposed rule making an accu­ ing is contemplated at this time, but ar­ the F ederal R e g is t e r (30 F.R. 3225), and rate plotting of the Twinkle Town Air­ rangements for informal conferences stated that the Federal Aviation Agency port revealed that a 700-foot transition with Federal Aviation Agency officials was considering an amendment to Part area extension, extending from the 8- may be made by contacting the Chief, 75 of the Federal Aviation Regulations mile radius area at Twinkle Town Air­ Air Traffic Division. Any data, views or that would designate a jet route from port to the Memphis'VORTAC, is re­ arguments presented during such con­ Oakland, Calif., via Jet Route No. 80, to quired for the protection of the proposed ferences must also be submitted in writ­ Wilson Creek, Nev.; Hanksville, Utah; VOR approach procedure to Twinkle ing in accordance with this notice in Gunnison, Colo.; thence via Jet Route Town Airport. order to become part of the record for No. 10 to Denver, Colo. The purpose of Also, the proposed redesignated 700- consideration. The proposal contained the proposal was to provide an alternate foot transition area would not provide in this notice may be changed in the Denver-Oakland route in the event un­ protection for a proposed new VOR ap­ light of comments received. favorable meteorological conditions were proach to the Memphis Metropolitan The official Docket will be available encountered on the primary route, and Airport. In order to provide adequate for examination by interested persons at to relieve air traffic congestion over controlled airspace for this approach an the Southern Regional Office, Federal Grand Junction, Colo. extension to the 700-foot transition area Aviation Agency, Room 724, 3400 Recently, a change was made to the would be required along the Memphis Whipple Street, East Point, Ga. Denver-Salt Lake City-Los Angeles VORTAC 354° True radial beyond the This amendment is proposed under ARTC Centers boundaries in the vicinity Memphis Metropolitan Airport 7-mile section 307(a) of the Federal Aviation of Hanksville, Utah. The change was radius area to 8 miles north of a 058® Act of 1958 (49 U.S.C. 1348(a)). made to facilitate inter-Center coordi­ bearing from the Brooks radio beacon. Issued in East Point, Ga., on May 19, nation so that the heavy air traffic on In order to incorporate the two afore­ :J-80/J-60 could proceed between the mentioned 700-foot transition area ex­ 1965. A r v in O . B a s n ig h t , Denver-Salt Lake City Centers or Den- tensions in the proposal to redesignate Director, Southern Region. ver-Los Angeles Centers, as appropriate, the Memphis transition area, the Federal without entering the area of a third Aviation Agency hereby alter the pro­ [F.R. Doc. 65-5511; Filed, May 26, 1965; center. Prior to the recent boundary posal by redescribing the portion of the 8:46 a.m .] change, traffic on J-60 had to traverse a proposed Memphis transition area ex­ comparatively short segment of the Salt tending upward from 700 feet above the [ 14 CFR Part 71 1 Lake City Center area between areas of surface as follows: That airspace extend­ the Denver and Los Angeles Centers. As ing upward from 700 feet above the sur­ [Airspace Docket No. 65-SW-4] a result of the boundary change, desig­ face within a 7-mile radius of the nation of the proposed jet route would Memphis Metropolitan Airport (latitude FEDERAL AIRWAY create an intolerable air traffic conges­ 35°03'00" N., longitude 89°58'15" W .); Withdrawal of Proposed Alteration tion point at Hanksville. Hanksville is within 2 miles each side of the Memphis within the Denver area and is located Runway 9 ILS localizer W course, ex­ On March 6, 1965, Federal Register approximately four minutes from the tending from the 7-mile radius area to 8 Document 65-2344 was published in the Salt Lake City Center area, via the pro­ miles W of the OM; within 2 miles each F ederal R e g is t e r (30 F.R. 2952), and posed route, and approximately three side of the Memphis Runway 9 ILS stated that the Federal Aviation Agency minutes from the Los Angeles Center localizer E course, extending from the was considering an amendment to Part area via J-60. As a result, northeast- 7- mile radius area to 16 miles E of the 71 of the Federal Aviation Regulations bound traffic via these two routes con­ airport; within 2 miles each side of the that would realign VOR Federal airway verging on Hanksville near the Center Memphis Runway 35 ILS localizer S No. 83, in part, from Santa Fe, N. Mex., boundary could compromise the air traf­ course, extending from the 7-mile radius direct to Alamosa, Colo. fic service provided in this area. area to 8 miles S of the OM; within 2 Subsequent to the publication of the The air traffic congestion problem over miles each side of the Memphis VORTAC notice, an additional analysis of the pro­ Grand Junction, referred to in the no­ 354° radial, extending from the 7-mile posal was executed, precipitated, in part, tice, is insignificant when compared with radius area to 8 miles N of a 058° bearing by public comments and it was deter­ the one which would be created at from the Brooks RBN; within an 8- mined that the proposed realignment of Hanksville. The proximity of the pro­ mile radius of the West Memphis V-83 would have an adverse effect on posed route to J-80 would result in no Airport (latitude 35°08'24" N., longitude aviation operations in the Taos, N. Mex. material variation in meteorological con­ 90°14'00" W .); within an 8-mile radius area. ditions over the two routes. of the Twinkle Town Airport (latitude In consideration of the foregoing, Air­ In consideration of the foregoing, Fed­ 34°55'45" N., longitude 90°10'05" W .); space Docket No. 65-SW-4, published as eral Register Document No. 65-2405 (30 within 2 miles each side of the Memphis Federal Register Document 65-2344, and F.R. 3225) is hereby withdrawn. VORTAC 266° radial, extending from the the proposal set forth therein are hereby withdrawn. This withdrawal of the notice of pro­ 8- mile radius area to the VORTAC. posed rule making is made under the The proposals to redesignate the Mem­ This withdrawal of notice of proposed rule making is made under the authority authority of section 307(a) of the Fed­ phis control zone, Memphis transition eral Aviation Act of 1958 (49 U.S.C. area extending upward from 1,200 feet of section 307(a) of the Federal Aviation above the surface, and the transition Act of 1958 (49 U.S.C. 1348). 1348). area at Tupelo, Miss., are not affected by Issued in Washington, D.C., on May Issued in Washington, D.C., on May this supplemental notice of proposed 21,1965. 20, 1965. rule making. D a n ie l E . B a r r o w , D a n ie l E. B arrow , Interested persons may submit such Chief, Airspace Regulations Chief, Airspace Regulations written data, views or arguments as they and Procedures Division. and Procedures Division. may desire. Communications should be [F.R. Doc. 65-5512; Filed, May 26, 1965; [F.R. Doc. 65-5513; Filed, May 26, 1965; submitted in duplicate to the Director, 8:46 a.m .] 8:46 a.m .] Thursday, M ay 27, 1965 FEDERAL REGISTER 7113

the notice until 180 days after the Com­ 5. The entire public record of the Pro­ FEDERAL COMMUNICATIONS mission has acted on those requests, with gram Inquiry has been continuously reply comments to be filed 60 days there­ available as the Inquiry progressed. The COMMISSION after. last public proceedings were held early 3. The factual bases for the Commis­ in 1962. - Additional information is l 47 CFR Part 73 J sion’s rule making are identified in the identified as to source in the notice. [Docket No. 12782; FCC 65-424] notice and for the most part are con­ However, the Commission wishes to be tained in the public record of the Com­ entirely sure that it affords all parties COMPETITION AND RESPONSIBILITY mission’s Program Inquiry (Docket No. including, of eourse, television networks, IN NETWORK TELEVISION BROAD­ 12782). Where such is not the case, reasonable opportunity to give the im­ CASTING sources are clearly indicated in the notice portant matters posed in the Commis­ of proposed rule making. sion’s notice thorough and careful con­ Order Extending Time for Filing 4. The Commission’s transmittal let­ sideration before making comments. Comments ter to Chairman Harris of the House The petitioners have represented that 1. The Commission has before it peti­ Committee on Interstate and Foreign they will be unable to give this matter tion of Columbia Broadcasting System, Commerce dated February 4,1963, stated adequate study, necessary analysis and Inc., for Procedural Relief, petition of that the proposed Part H of the staff re­ consideration within the time presently CBS Television Affiliates Association, pe­ port at that time had not been submitted allowed. tition of National Broadcasting Com­ to the Commission. Such is still the case 6. Accordingly, it is ordered, That the pany, Inc., for Procedural Relief and but it is anticipated that Part H will be time for filing comments in this pro­ statement by ABC in support of the CBS completed and submitted to the Com­ ceeding be extended from June 21, 1965, petition. mission within the reasonably near fu­ to October 21, 1965, and reply comments 2. The petitioners assert that they in­ ture and will be made public shortly from July 21, 1965, to December 1, 1965. tend to file comments in the proceeding thereafter. and that the time presently allowed for Adopted: May 19, 1965. that purpose is inadequate. They re­ purpose would be served by further dis­ quest that (1) the Commission publish closure of the sources of these matters. They Released: May 24,1965. Part n of the Second Interim Report of are inferences based on record evidence or the Office of Network Study1 and (2) “estimates” used to indicate a “trend” in F ederal C ommunications extend the time for filing comments in the economics of program production, in C o m m is s io n , both instances, the information as to their [ se a l ] B e n F . W a p l e , correctness is peculiarly within the knowl­ Secretary. 1 Request was also made in the petition for edge of the network managers, who can, of disclosure of “sources of other data” (i.e., course, submit any appropriate showing in [F.R Doc. 65-5559; Filed, May 26, 1965; directed to footnotes 23 and 30). No useful these respects. 8:49 a.m .] No. 102—Pt. I------4 Notices

[Arizona 031307] T. 3 N., R . 8 W., partially surveyed, DEPARTMENT OF THE INTERIOR Sec. 30, N%; ARIZONA Sec. 31, NE%; Bureau of Land Management Notice of Termination of Proposed Sec. 32, NE%. T. 3 N., R. 9 W., [Arizona 031306] Withdrawal and Reservation of Sec. 19, lo ts 1 a n d 2, E%NW % and NE%; ARIZONA Lands Sec. 20, Ni/2; Notice of an application Serial No. Sec. 21, N%; Notice of Termination of Proposed Sec. 22, N%SW%; Arizona 031307 for withdrawal and re­ Sec. 23, NE%, Ny2NW%, SEy4NW%, SEy4; Withdrawal and Reservation of servation of lands was published as Fed­ Sec. 24; Lands eral Register Document No. 62-9138 on Sec. 29, S%; page 9111 of the issue for September 13, Sec. 30, Ey2NW% and SE%. Notice of an application Serial No. 1962. The applicant agency has can­ T. 3 N., R. 10 W., Arizona 031306 for withdrawal and reser­ celed its application insofar as it in­ Sec. 24, E% . vation of lands was published as Fed­ volved the lands described below. T.3N..R.11W ., eral Register Document No. 62-3794 on Sec. 7, lots 1, 2, 3, and 4, Ey2Wy2 and Ei/2. Therefore, pursuant to the regulations T. 3 N., R. 12 W., page 3771 of the issue for April 19,1962. contained in 43 CFR Part 2311, such Secs. 11,12, and 14; The applicant agency has canceled its lands will be at 10 a.m. on June 11, 1965 Sec. 27, W%; application insofar as it involved the relieved of the segregative effect of the Sec. 32, S%. lands described below. Therefore, pur­ above-mentioned application. T. 3 N., R. 13 W., p a rtia lly surveyed, suant to the regulations contained in 43 The lands involved in this notice of Secs. 7,19, and 20; ,CFR Part 2311, such lands will be at termination are: Sec. 24, S% j Sec. 30. 10 a.m. on June 11, 1965, relieved of the Gila and Salt River Meridian, Arizona segregative effect of the above-men­ T. 3 N., R . 14 W., tioned application. T . 5 N., R . 1 E., Sec. 1, lots 1, 2, 3, and 4, S%N% and SE^; See. 27; Sec. 3, lots 3 and 4, S% and sy^NW1^; The lands involved in this notice of Sec. 28, E % . termination are: T. 1 N., R , 7 E „ Sec. 4, lots 1,2,3, and 4, and S%N%; Sec. 17, wy2NWy4 a n d SEy4NWy4; Sec. 5, lots 1 and 2, and S%NE%; Gila and Salt River Meridian, Arizona Sec. 18, NE 14 andEy.NWyi. Sec. 10; T. 5 N., R. 1 E., T. 5 N., R. 1 W., Sec. 11, NW% andS% ; Sec. 21, NW% and Ey2SW%; Sec. 21,8%; Sec. 13, W % ; Sec. 23, sy2; Sec. 22, SW%, Ey2NE%, SWy4NEy4, a n d Secs. 14 a n d 24. S ec. 25, W%NEy4, NWy4, and S%; sy2Nwy4; T. 4 N., R . 14 W „ Sec. 26; Sec. 24, lots 1 and 2; Sec. 5, lots 1, 2, 3, and 4, S%N%, and Sy2; Sec. 28; Sec. 28, Ey2NW% an d SWyfc. Sec. 8 , N% and SE%; T. 4 N.. R. 3 E„ Sec. 29, NEy4, N%SEy4, and SE& SE^. T. 3 N., R . 4 W „ Sec. 9, W %; Sec. 10, NE% ., Sec. 15,sy2; T. 4 N., R. 4 E., Sec. 6 , lots 1 and 2,'NEy4 and E%NWy4. Sec. 35, lots 3 and 4. T. 4 N., R. 4 W., Sec. 18, lots 1, 2, 3, and 4, Ey2w y 2 and T.4N,R.5E., Sec. 14, N% and SWy4; NE%; Sec. 31, NE14SWV4 andNy2SE%. Sec. 22, N%NE%, SWy4NE%, and NW%; Sec. 19, lots 3 and 4, E% and E%SW%; T 1 N R 8 E Sec. 23, SEy4; Sec. 20, W% ; Sec."’ 81, lo t 1, Ei/aNW yi, NE%, Ny2SE%, . Sec. 24; Sec. 21, NE%; andSE% SE% . Sec. 25, N%; Sec. 22, NEy4 ; T. 5 N., R. 1 W., Sec. 26; Sec. 23,Sy2; Sec. 27,8%; Sec. 23; Secs. 25 and 26; Sec. 24, wy2 and wy2Ey2; Sec. 28; Sec. 27, NE%; Sec. 29, SW%SE%; Sec. 31, lots 1, 2, 3, and 4, E:%W% and E%; Sec. 30, lots 2, 3, and 4, E%W% and E%; Sec. 32; Sec. 28, SW % ; Sec. 31, lots 1, 2, 3, 4, 5, 6, and 7, NE%, Sec. 33, N%. Sec. 29; E%NWy4, NE%SW%, and N%SE%. T. 3 N„ R. 5 W., Sec. 32, NE%SWy4; T. 6 N., R. 2 W., Sec. 14, NE% and E%SEy4; Secs. 33, 35, and 36. Sec. 34, lots 1, 2, 3, and 4, N%S% and Sec. 17; T. 5 N„ R. 14 W., Ny2; Sec. 18, lots 3 and 4, E%SW% and E%; Sec. 19, lots 1 and 2, Ey2W% an d E %; Sec. 35, lots 1, 2, 3, and 4, N%S% and N%. Sec. 19, lots 1, 2, 3, and 4, E%W% and E%; Sec. 29, N% and SE%; T.4N..R.3W., . Sec. 20, N%; Sec. 30, NE% andE%NW%; Sec. 15, s y 2; Sec. 21, N%; Sec. 19, lots 1, 2, 3, and 4, and E%E%; Sec. 22, N%. Secs. 32 and 33. Sec. 21, Ny2 and Ny2SE%; T. 3 N.rR. 6 W., T. 5 N., R. 15 W., Sec. 23, NWi4; Sec. 14, SE% ; Sec. 2, lots 1, 2, 3, and 4, sy 2N% and S1^; Sec. 24. Sec. 15, N % ; Sec. 11, N% a n d SE% ; T. 3 N., R. 5 W., Sec. 16, N%; Secs. 12 a n d 13; Sec. 2, lots 1 and 2, S%NEy4 and S%; Sec. 17, N % ; Sec. 24, E%. Sec. 10; Sec. 18, lots 1, 2, 3, and 4, E%W% and T. N..R. 15W., . Sec. 6 11, wy2; NE%; Sec. 3, lots 1, 2, 3, and 4, sy 2N% and Sec. 14, Nwy4, swy4, and wy2SEy4; Sec. 20, SE% ;, Secs. 15 and 16. Sec. 23, SWy4; s y 2; T. 3 N., R. 11 W„ Sec. 30, lots 3 and 4, and E%SWy4- Secs. 10,15, and 22; Sec. 19, lots 1 and 2, E%NW% and NE%. T . 3 N., R . 7 W., Sec. 26,wy2; T. 4 S., R. 9 E., Sec. 22; Sec. 27, N% and SE%; Sec. 21, NEy4, Ey2NWy4, and NE%SE%; Sec. 23, N% and SW%; ’ Sec. 34, E%; Sec. 22, Ni/2 and Ny2sy2; Sec. 24, N%; Sec. 35. Sec. 23, wy2NE%, NW%, and Ny2SW^; Sec. 25, SE%; T . 7 N., R. 15 W., See. 28, N%. Sec. 27, SE%; Sec. 6 , lo ts 1, 2, 3, 4, 5, 6 , an d 7, Sy2NE%, The area described aggregates 12,645.54 Sec. 2 8 , N% a n d SW y4 ; SEy4NW %, Ey2SW%, a n d SE»4; Sec 29* Sec. 18, lots 3 and 4, E%SW% and SEA, acres. Sec. 31, lots 1 and 2, E%NW% and NE%. R a y m o n d C . C l e g h o r n , Sec. 22, S%; T . 2 N., R . 8 W., Sec. 26,Wi/2; Acting State Director. Sec. 3, lo ts 1, 2, 3, a n d 4, a n d S % N % ; Sec. 4, lots 1 and 2, and S%NE%; Secs. 27 a n d 34; ay M 12, 1965. Sec. 6 , lots 1, 2, 3, 4, and 5, S%NE% and Sec. 35, W % . T. N„ R. 15 W., partially surveyed, [F.R. Doc. 65-5523; Piled, May 26, 1965; SE%NWy4; 8 8:46 a.m .] Sec. 10, sy 2. Secs. 19, 30, and 31. 7114 Thursday, M ay 27, 1965 FEDERAL REGISTER 7115 T 7 N., R. 16 W., partially surveyed, [Arizona 035025] The total acreage in this withdrawal Sec. 1, lo ts 1, 2, 3, a n d 4, s y 2Ny2 a n d Sy2; aggregates approximately 390.20 acres. Sec. 2, lo ts 1, 2, 3, a n d 4, Sy2Ny2, SWy4, ARIZONA w y 2SE%, and NE^SE^; F red J. W eiler, Sec. 3, E % ; Notice of Proposed Withdrawal and State Director. Sec. 5; Reservation of Lands May 21, 1965. Sec. 6 , E ^ i Sec. 8 ; The Forest Service, United States De­ [P.R. Doc. 65-5525; Piled, May 26, 1965; Sec. 10, E partment of Agriculture, has filed an 8:47 a.m .] Secs 11 a n d 13; application, Serial Number Arizona Sec. 14, NEV4. 035025 for the withdrawal of the lands T. 8 N., R. 16 W., p a rtia lly surveyed, described below, from mineral location [Idaho 016408] Sec. 1, lo ts 1, 2, 3, a n d 4, s y 2N y2 a n d S 1^ ; and entry under the General Mining IDAHO Sec. 2, s y 2N E ^ a n d SE% ; Laws, subject to valid existing claims. Secs. 3 to 6 , inclusive, and secs., 9 to 15, Notice of Proposed Withdrawal and inclusive; The Forest Service desires the lands Sec. 19, W y2 a n d SEy4; to protect the government’s planned in­ Reservation of Lands Secs. 22 to 26, inclusive; vestment in the administrative site and May 20,1965. Sec. 27, E y2, the three archeological ruins. The ruins Secs. 30 and 31; are important historical sites, which are The Bureau of Sport Fisheries and Sec. 34, E ^ ; to be used for study, research and public Wildlife has filed an application Serial Secs. 35 and 36. use. Number Idaho 016408 for the withdrawal T. 9 N. R. 16 W., p a rtia lly surveyed, of the lands described below, from all Secs. 17, 18, 19, 20, 21, 28, 29, 30, 31, and For a period of 30 days from the date 33* .r'1 ; • of publication of this notice, all persons forms of appropriation under the public Sec. 34, W % . who wish to submit comments, sugges­ land laws including the mining and min­ T. 8 N., R. 17 W., partially surveyed, tions, or objections in connection with eral leasing laws and the disposal of - Secs. 3 and 4; the proposed withdrawal, may present materials under the Act of July 31, 1947 Sec. 9, Ny2; their views in writing to the undersigned (61 Stat. 681; 30 U.S.C. 601-604), as Secs. 10,11,13,14, 23,24, and 25. amended. The applicant desires the land T. 9 N., R. 17 W .^ p artially surveyed, officer of the Bureau of Land Manage­ ment, Department of the Interior, 3022 for a fish hatchery site. Sec. 3; For a period of 30 days from the date Sec. 8, Wi/2 a n d S E ^ ; Federal Building, Phoenix, Ariz., 85025. Sec. 10, E y2 a n d N w y4 ; If circumstances warrant it, a public of publication of this notice, all persons Sec. 11; hearing will be held at a convenient time who wish to submit comments, sugges­ Sec. 12,Sy2; and place, which will be announced. tions, or objections in connection with Sec. 13; The determination of the Secretary on the proposed withdrawal may present Sec. 14, Ey2 a n d NWyt ; their views in writing to the undersigned Sec. 16, w y 2 a n d SE% ; the application will be published in the F ederal R egister. A separate notice .officer of the Bureau of Land Manage­ Secs. 21 and 24; ment, Department of the Interior, Post Sec. 27, w y 2 a n d S E ^ ; will be sent to each interested party of Sec. 28; record. Office Box 2237, Boise, Idaho, 83701. Sec. 32, E 1/^; The lands involved in the application The determination of the Secretary on Secs. 33 and 34. are: the application will be published in the T. 10 N., R. 17 W., F ederal R egister. A separate notice Sec. 2, lots 3, 4, and 5, sy2NWy4, Gila and Salt R iver Meridian, Ariz. will be sent to each interested party of NW14SWV4, a n d Ey2SW»/4; COCONINO NATIONAL FOREST record. Sec. 3, lo ts 1, 2, a n d 3, p a r t lo t 4, lo ts 5, 6, a n d 7, Sy>NEy4 , SE^NW^, Ey2SW % Clear Creek Ruin If circumstances warrant it, a public Nwy4, and SW%; hearing will be held at a convenient time T. 13 N., R. 5 E., and place, which will be announced. Sec. 9, E% SEy4; Sec. 11, lots 3 and 4. Sec. 10, lots 1, 2, 3, 4, and 5, wy> and 80.20 acres. The lands involved in the application swy4SEy4; are: Sec. 11, lo ts 1, 2, 3, 4, a n d 5, E y2 a n d Winona Archeological Ruin Boise Meridian, Idaho Ey2swy4; T. 21 N., R. 9 E„ Sec. 14, w y 2 ; T. 32 N„ R . 4 E., Sec. 15; Sec. 11, SEy4SWi/4SEy4 and S^B E^SE ^; Sec. 10, lots 1,2 and S%NWy4. Sec. 12, SWy4SW%SWy4; Sec. 16, E ys ; Sec. 13, W%NW%NWy4 and NW>/4 SWy4 The area described aggregates 129.37 Sec. 21, N% and SE]4; NW}4; Sec. 28, E%. acres in Idaho County, Idaho. T. 11 N., R . 17 W., Sec. 14, N E 14NE 14, Ey2NWi4NEy4, NE% SW%NEy4, and N ^SE^N E^. Eugene E. Babin, Sec. 29, SW 14 . Acting Land Office Manager. T. 2 S., R . 8 E., 160.00 acres. Sec. 15, w y 2NE& a n d N W & . Chavez Pass Ruin [P.R. Doc. 65-5526; Piled, May 26, 1965; T. 4 S., R. 8 E., 8:47 a m .] T. 16 N„ R . 11 E., Sec, 13, N W 14NE 14, Sy2NEy4, and NE y4 SEy4. Sec. 12, SW 14SE 14SW 14; T. 4 S., R. 9 E., sec. 13, s y2 n y2 n w y4 n w y4, s y 2N w y4 [Montana 070206] N w y4, N i NE % SW NW %, Ny NW Sec, 18, lots 3 and 4, and Ey2SWy4 ; /2 14 2 ]4 Sec. 25, Ny2NWy4 ; SEy4 NWy4 , a n d Wy2NEy4 NWy4 . MONTANA 70.00 acres. Sec. 26, SWy4 NEy4 a n d Sy2NWy4; Sec. 27, S% NEy4. Notice of Proposed Withdrawal and The areas described in the Coconino Reservation of Lands T. 4 S., R . 10 E., National Forest aggregate approximately Sec. 17, SWy4NE% and S^NWy4; 310.20 acres, Sec. 19, lo t 2 a n d S E 14NW 14. May 20,1965. APACHE NATIONAL FOREST On May 14, 1965 the Department of The area described aggregates 99,213.78 Administrative Site Agriculture filed an application, Serial acres. x Number Montana 070206, for the with­ R aymond C. Cleghorn, T .5 N ., R. 30 E., Sec. 14,N^SEy4. drawal of the lands described below, from Acting State Director. 80.00 acres. location and entry under the mining laws, May 12, 1965. subject to existing valid claims in ac­ The area described in the Apache Na­ cordance with Executive Order 10355 of [P.R. Doc. 65-5524; Piled, May 26, 1965; tional Forest aggregates approximately May 26, 1952 (17 F.R. 4831). The appli­ 8:46 ana.} 80.00 acres. cant desires the land in connection with 7116 NOTICES a recreation activities program for camp­ of the Under Secretary (210 DM 1.1), der. If the Executive Order confines re- ground, packer camp, administrative site, and correct reference statements.' * delegation to specified officers (as in summer home area, resort, and airport. The following material is a portion Executive Orders 10355 and 10732), these For a period of 30 days from the date of the Departmental Manual and the specific positions and authorities must be of publication of this notice, all persons numbering system is that of the Manual. referred to in the redelegation. These, who wish to submit comments, sugges­ however, are rare exceptions and gener­ P art 200—G e n e ra l P r o v is io n s tions, or objections in connection with ally apply to redelegations to Secretarial the proposed withdrawal may present CHAPTER 1----DELEGATION OF AUTHORITY Officers. their views in writing to the undersigned 200.1.1 Scope. A. The formal dele­ .5 General limitation—Code of Fed­ officer of the Bureau of Land Manage­ gations of authority by the Secretary eral Regulation documents. Delegations ment, Department of the Interior, 316 are set forth in the Delegation Series of of authority in the Delegation Series do North 26th Street, Billings, Mont., 59101. the Departmental Manual. Delegations not include authority to issue documents The authorized officer of the Bureau of of authority made in Secretary’s orders which are amendments of or additions Land Management will undertake such and other documents are being incor­ to the material in the Code of Federal investigations as are necessary to deter-» porated into Manual issuances as soon as Regulations initiated by the Department mine the existing and potential demand it is feasible to do so. of the Interior unless such authority is for the lands and their resources. B. Part 205, General Delegations, sets specifically mentioned in the delegation. He will also prepare a report for con­ forth the delegations of authority that P art 210—Office of the Secretary sideration by the Secretary of the In­ are made on a functional basis generally terior who will determine whether or not to heads of bureaus and certain other CHAPTER 1— SECRETARIAL OFFICERS the lands will be withdrawn as requested designated officials. 210.1.1 Under Secretary. A. The by the Department of Agriculture. C. Part 210 sets forth the delegations Under Secretary is authorized, subject The determination of the Secretary on of authority to the Secretarial Officers to the limitation in 200 DM 1.4, to exer­ the application will be published in the and the Solicitor. cise the authority of the Secretary, in­ F ederal R e g is t e r . A separate notice will D. Parts 211 to 299 set forth the dele-, cluding: be sent to each interested party of gâtions of authority that are made on (1) The authority to issue amend­ record. an organizational basis. ments of and additions to the material If circumstances warrant it, a public E. The authority delegated in Part 205 in the Code of Federal Regulations. hearing will be held at a convenient time and Parts 211 to 299 does not include any (2) The authority delegated to the and place, which will be announced. authority to perform the legal work re­ Secretary by section 1 of Executive Or­ The lands involved in the application lated to the functions delegated. The der 10250, as amended. are: authority of the Secretary respecting the (3) The authority delegated to the P rincipal Meridian, Montana legal work of the Department is delegated Secretary by Executive Order 10355, re­ LEWIS AND CLARK NATIONAL FOREST to the Solicitor in 210 DM 2. lating to the withdrawal or reservation Benchmark Public Service Site and F. The authority delegated in Parts of certain lands by the issuance of public Recreation Area 211-299 on an organizational basis does v land orders. T. 20 N., R. 10 W., unsurveyed but which not include authority delegated in Part (4) The administration of the oath of probably will be when surveyed, 205 on a functional basis. office or any oath required by law in Sec. 9, SE^SW%NW%, SW%NE%SWV4, .2 Exercise of authority. An officer connection with employment. E%NW»/4SW%, and Sy2S W ^ ; or employee who is delegated or redele­ B. The Under Secretary may not re­ Sec. 15, Wy2SWiASW% gated authority must exercise it in con­ delegate the authority delegated to him Sec. 16, SW%NW%NE%, Wy2S W i4N E i4, formity with any requirements which the in 210 DM 1.1 (2) and (3) above. SE14SW/4NE/4, E1/2N W ^ , N1/2NW% person making the delegation would be .2 Assistant Secretaries. The term NW%, SE%NW%NW%, NWy4 NE% Assistant Secretaries, as used in the SE y4 , Sy2NE%SEi,4 , Ny2N W % SE% , called upon to observe. Such require­ SEy4NWi4SE»4. NE%SW 14SE% , ments may be found in provisions of this Delegation Series, includes the Assistant SEy4 SE%, and SE^SE&SE&j Manual, statutes, regulations issued by Secretary, Mineral Resources; the As­ Sec. 2 2 , s y 2SWy4 NEi/4, S^SE^NE^, other agencies—for example, the Civil sistant Secretary, Public Land Manage­ SW%NE}4 NW 14, NWy4 NWy4 , Ey2SW»A Service Commission and GSA—or Exec­ ment; and the Assistant Secretary, N w y4> S E 14NW 14, N E 14SW 14, N w y 4 utive orders. Delegated authority must Water and Power Development; but does NE % SE 1,4, a n d N W % SE %. be exercised in accordance with relevant not include the Assistant Secretary for Total area 630 acres. policies, standards, programs, organiza­ Fish and Wildlife and the Assistant tion and budgetary limitations, and ad­ Secretary for Administration. R . P aul R ig t r u p , ministrative instructions prescribed by A, The Assistant Secretaries severally Manager, Land Office. officials of the Office of the Secretary or are authorized to: [F.R. Doc. 65-5527; Piled, May 26, 1965; bureau. While failure to comply with (1) Exercise the authority of the 8:47 a.m .] administrative instructions not issued as Secretary except for the limitations con­ limitations on authority will not impair tained in 200 DM 1.4 and 1.5. the legality of an action as far as the (2) Exercise the authority delegated Office of the Secretary public is concerned, it may be grounds to the Secretary by Executive Order UNDER SECRETARY AND CERTAIN for appropriate disciplinary measures. 10355, relating to the withdrawal or OTHER OFFICIALS .3 Effect of delegation. An officer reservation of certain lands by the is­ who delegates or redelegates authority suance of public land orders. Department Manual; Delegations of does not divest himself of the power to (3) Administer the oath of office or Authority exercise that authority nor does the del­ any oath required by law in connection egation or redelegation relieve him of with employment. General provisions for delegation and the responsibility for action taken pur­ B. The Assistant Secretaries may not redelegation of authority issued in the suant to the delegation. redelegate the authority delegated to Departmental Manual under Part 200, .4 Authority of the Secretary to dele­ them in subpar. A. and published in the F ederal R e g is t e r gated The Secretary of the Interior has .3 Assistant Secretary for Fish and (24 F.R. 1348; 25 F.R. 324; 25 F.R. 325) broad power to delegate his authority. Wildlife. A. The Assistant Secretary for have been revised and are republished However, nothing in this Delegation Fish and Wildlife is authorized to: as set forth below. Chapter 1 (Intro­ Series empowers any officer or employee duction) and Chapter 2 (Limitations) (1) Exercise the authority of the of the Department to exercise authority Secretary with respect to any matter have been combined into Chapter 1 which the Secretary by the terms of the (Delegations of Authority), and Chapter relating to fish and wildlife, except for legislation, Executive Order or other the limitations contained in 200 DM 3 (Redelegations of Authority) has been source of authority may not redelegate. renumbered Chapter 2. Part 210 (Office Thus, authority given to the President by 1.4 and 1.5. (2) Administer the oath of office or of the Secretary) published in the F ed ­ law and delegated to the Secretary by any oath required by law in connection eral R e g is t e r (24 F.R. 1348) has been Executive Order cannot be redelegated, revised in part to restate the authority except as provided in the Executive Or­ with employment. Thursday, May 27, 1965 FEDERAL REGISTER 7117 (3) Exercise the authority delegated B. A deputy may not redelegate this eral Dynamics Corp. to operate the to the Secretary by section 2 of Exec­ authority. TRIGA Mark F nuclear reactor located utive Order 10857 relating to the trans­ S tewart L. Udall, at Torrey Pines Mesa, Calif. The fer and conveyance to the State of Secretary of the Interior. amendment authorizes operation of the Alaska of certain property owned or held May 20,1965. reactor optionally without poison disks by the United States. This authority contained in fuel elements, as described shall be exercised with regard to per­ [F.R. Doc. 65-5528; Filed, May 26, 1965; in the licensee’s application for license sonal property in accordance with such 8:47 a.m .] amendment dated February 8, 1965, and policies, conditions, and procedures as teletype supplement thereto dated May may be prescribed by the Secretary of 4,1965. the Interior (see 418 DM 3). DEPARTMENT OF AGRICULTURE The Commission has found that: B. The Assjgtant Secretary for Fish (1) The application for amendment and Wildlife may not redelegate the au­ Consumer and Marketing Service complies with the requirements of the thority delegated to him in subpar, A, Atomic Energy Act of 1954, as amended, except that he may, in writing, authorize B AND H SALES STABLE AND and the Cpmmission’s regulations set officers or employees of the Department BEM1DJI SALES BARN, INC. forth in Title 10, Chapter I, CFR; to sign on behalf of the United States, Proposed Posting of Stockyards (2) The issuance of the amendment fisheries loan authorizations the pro­ will not be inimical to the common de­ visions of which he has approved. The Acting Chief, Rates and Registra­ fense and security or to the health and .4 Assistant Secretary for Adminis­ tions Branch, Packers and Stockyards safety of the public; tration. A. The Assistant Secretary for Division, Consumer and Marketing Serv­ (3) Prior public notice of proposed is­ Administration is authorized to: ice, United States Department of Agri­ suance of this amendment is not required (1) Exercise the authority of the Sec­ culture, has information that the live­ since the amendment does not involve retary except for the limitations con­ stock markets named below are stock- significant hazards considerations dif­ tained in 200 DM 1.4 and 1.5. yards as defined in section 302 of the ferent from those previously evaluated. (2) Administer the oath of office or Packers and Stockyards Act, 1921, as Within fifteen (15) days from the date any oath required by law in connection amended (7 U.S.C. 202), and should bé of publication of this notice in the F ed­ with employment. made subject to the provisions of the eral R egister, the licensee may file a re­ B. The Assistant Secretary for Ad­ Actî_ quest for a hearing and any person whose ministration may, in writing, redelegate B & H Sales Stable, Keedysville, Md. interest may be affected by this proceed­ or authorize written redelegation of that Bemidji Sales Barn, Inc., Bemidji, Minn. ing may file a petition for leave to inter­ portion of the authority delegated to him vene. Requests for a hearing and in subpar. A, which relates to functions Notice is hereby given, therefore, that petitions to intervene shall be filed in assigned to him in 110 DM 2.7, including the said Acting Chief, pursuant to au­ accordance with the provisions of the authority to execute, modify, or termi­ thority delegated under the Packers and Commission’s rules of practice (10 CFR nate contracts for supplies and services, Stockyards Act, 1921, as amended (7 Part 2). If a request for a hearing or a to lease space, and to dispose of surplus U.S.C. 181 et seq.), proposes to issue a petition for leave to intervene is filed property. rule designating the stockyards named within the time prescribed in this notice, The Assistant Secretary for Adminis­ above as posted stockyards subject to the the Commission will issue a notice of tration has redelegated to the head of provisions of the Act, as provided in sec­ hearing or an appropriate order.. each division under his supervision, au­ tion 302 thereof. For further details with respect to this thority relating to functions assigned to Any person who wishes to submit writ­ amendment, see (1) the licensee’s appli­ the division in 110 DM 2. (AMR Reg. 2, ten data, views, or arguments concerning cation for license amendment dated 24F.R. 1349.) the proposed rule may do so by filing February 8, 1965, and teletype supple­ .5 Deputy Secretarial Officer. As them with the Acting Chief, Rates and ment thereto dated May 4, 1965, and (2) used here, the title deputy applies to the Registrations Branch, Packers and the Safety Evaluation prepared by the principal assistant to the Secretarial offi­ Stockyards Division, Consumer and Mar­ Test and Power Reactor Safety Branch cers listed in 210 DM 1.1 through 1.4: keting Service, United States Department of the Division of Reactor Licensing, all the Under Secretary, Assistant Secre­ of Agriculture, Washington 25, D.C., of which are available for public inspec­ tary, Water ''and Çower Development; within 15 days after publication hereof in the F ederal R egister. tion at the Commission’s Public Docu­ Assistant Secretary, Public Land Man­ ment Room, 1717 H Street NW., Wash­ agement; Assistant Secretary, Mineral All written submissions made pursu­ ington, D.C. A copy of item (2) may be Resources; Assistant Secretary for Fish ant to this notice will be made available obtained at the Commission’s Public and Wildlife; and the Assistant Secre­ for public inspection at such time and tary for Administration. The titles places in a manner convenient to the Document Room or upon request ad­ public business (7 CFR 1.27(b) ). dressed to the Atomic Energy Commis­ shall be as follows : Deputy Under Secre­ sion, Washington, D.C., 20545, Attention: tary; Deputy Assistant Secretary, Water Done at Washington, D.C., this 24th Director, Division of Reactor Licensing. and Power Development; Deputy Assist­ day of May 1965. ant Secretary, Public Land Manage­ K. A. P otter, Dated at Bethesda, Md., this 18th day ment; Deputy Assistant Secretary, Acting Chief, Rates and Regis­ of May 1965. Mineral Resources; Deputy Assistant trations Branch, Packers a*nd For the Atomic Energy Commission. Secretary for Fish and Wildlife; and Stockyards Division, Con­ Deputy Assistant Secretary for Admin­ sumer and Marketing Service. Saul Levine, istration. A deputy provides primary Chief, Test and Power Reactor staff assistance to the Secretarial officer [FJt. Doc. 65-5538; Filed, May 26, 1965; Safety Branch, Division of which includes acting for him under 8:47 a jn .] Reactor Licensing. certain' specified circumstances. Am endm ent to Facility License A. In thé absence of the Secretarial officer, or under certain circumstances ATOMIC ENERGY COMMISSION [License No. R-67, Arndt. 16] specified by him, ar deputy is authorized License No. R-67, as amended, issued to to exercise the authority of the Secre­ [Docket No. 50-163] General Dynamics Corp. is hereby amended tarial officer except for the limitations GENERAL DYNAMICS CORP. in the following respects: contained in 200 DM 1.4 and 200 DM 1.5, In addition to the activities previously authorized by the Commission in License and others which the Secretarial officer Notice of Issuance of Facility License No. R-67, as amended, General Dynamics may specify. The purpose of this dele­ Amendment Corp. is authorized to operate the TRIGA gation of authority is to relieve the Sec­ Please take notice that the Atomic Mark F nuclear reactor located at Torrey retarial officer of burdensome routine Pines Mesa, Calif., optionally without poison Energy Commission has issued, effective disks contained in fuel elements, as described correspondence and actions, and to pre­ as of the date of issuance, Amendment vent delays in signature mail when he is in its application for license amendment No. 16, set forth below, to Facility License dated February 8 , 1965, and teletype supple­ absent. No. R-67. The license authorizes Gen­ m ent thereto dated May 4,1965. 7118 NOTICES This amendment Is effective as of the date The license amendment does not au­ Commission’s Public Document Room of issuance. thorize the following operations re­ 1717 H Street NW„ Washington, D.C. A Date of Issuance: May 18,1965. quested in the application. copy of Item 2 above may be obtained 1. The solidification and repackaging at the Commission’s Public Document For the Atomic Energy Commission. of liquids with concentrations greater Room, or upon request to the Atomic Saul Levine, than 10'1 microcuries per milliliter. Energy Commission, Washington, D.C., Chief, Test and Power Reactor 2. Opening of any packages containing 20545, Attention: Director, Division of Safety Branch, Division of Re­ Materials Licensing. actor Licensing. solid waste material for purposes of proc­ essing and repackaging. Dated at Bethesda, Md., May 20, 1965. [F.R. Doc. 65-5496; Filed, May 26, 1965; The license amendment deletes author­ 8:45 a m .] ization, for burial of wastes in the The text of this amendment is set forth Atlantic Ocean. below. [Docket No. 37] The Atomic Energy Commission has For the Atomic Energy Commission. found that:. ALEXANDER T. DEUTSCH A. The applicant’s equipment, facili­ L y a l l J o h n s o n , ties, and procedures are adequate to Acting Director, Notice of Application protect health and minimize danger to Division of Materials Licensing. Notice is hereby given that Alexander life or property; [License No. 4-3766-1; Amdt. 22] T. Deutsch, Washington, D.C., has filed B. The applicant is qualified by train­ Byproduct, Source and Spécial Nuclear an application for just compensation on ing and experience to use the material Material License May 13, 1965, based on UJS. Patent Ap­ in such a manner as to protect health plication S.N. 112,833, “Radioactive and minimize danger to life or property; In accordance with application dated July 8 , 1964, and amendment thereto dated Janu­ Products.” C. The application complies with the ary 27, 1965, License No. 4-3766-1 is hereby The application of Mr. Deutsch is on requirements of the Atomic Energy Act amended in its entirety to read as follows: file with the Patent Compensation of 1954, as amended, and Title 10, Code Pursuant to the Atomic Energy Act of Board. Any person other than the ap­ of Federal Regulations, Chapter 1, and 1954, as amended; 10 CFR 30, “Licensing of plicant desiring to be heard with refer­ is for a purpose authorized by that act; Byproduct Material”; 10 CFR 40, “Licensing ence to the application should file with and of Source Material”; 10 CFR 70, “Special Nu­ the Patent Compensation Board,. United D. Prior public notice of proposed is­ clear Material”; and in reliance upon the suance of this amendment is not required statements and representations contained in States Atomic Energy Commission, the application dated July 8, 1964, and Washington, D.C., 20545, within 30 days since the amendment does not involve amendment thereto dated January 27, 1965, from the date of publication of this significant hazard considerations dif­ Nuclear Engineering Co., Inc., Box 594, Wal­ notice, a statement of facts concerning ferent from those previously evaluated. nut Creek, Calif., is hereby authorized to re­ the nature of his interest. Within fifteen (15) days from the date ceive, process, package, store, and dispose of of publication of this notice in the F e d ­ byproduct, source, and special nuclear ma­ M argaret H . M e l in , er a l R e g is t e r , the applicant may file a te ria l. Acting Clerk. request for a hearing, and any person This license shall be deemed to contain the [F.R. Doc. 65-5497; Filed, May 26, 1965; whose interest may be affected by this conditions specified in section 183 of the 8:45 a m .] Atomic Energy Act of 1954, as amended, and proceeding may file a petition for leave is subject to the provisions of 10 CFR 20, to intervene. Requests for a hearing and “Standards for Protection Against Radia­ [D ocket No. 27-10] petitions for leave to intervene shall be tion,” all other applicable rules, regulations, filed in accordance with the provisions orders of the Atomic Energy Commission now NUCLEAR ENGINEERING CO„ INC. of the Commission’s regulations (10 CFR or hereafter in effect, and to the following Part 2). If a request for a hearing or conditions : Notice of Issuance of Amendment of a petition for leave to intervene is filed 1. The licensee shall not possess at any Byproduct, Source and Special Nu­ one tim e a t its fa c ility n e a r B eatty, Nev., within the time prescribed in this notice, m ore th a n : clear Material License the Secretary will issue a notice of hear­ A. 50,000 curies of byproduct material. Please take notice that the Atomic ing or an appropriate order. B. 25,000 pounds of source material. Energy Commission has issued Amend­ For further details with respect to this C. (a) 500 gram s of U ran iu m 235, 300 ment No. 22 to License No. 4-3766-1 issuance see; (1) the application and grams of Uranium 233 and 300 grams of Plutonium provided that the sum of the which amends the license in its entirety amendments thereto and (2) the related ratios of the quantity of each special nuclear and renews the license for a period of 3 memorandum prepared by the Division material to the quantities specified herein years. of Materials Licensing, all of which are does not exceed unity. Unity shall be deter­ The license amendment provides au­ available for public inspection at the mined by the following formula: thority for certain operations not pre­ viously authorized. grams contained U 235 , grams contained U 233 grams contained Pu _ 1 li Burial of gaseous waste material at 500 " I ~ 300 % ' 300 the licensee’s facility near Beatty, Nevada; (b) No single package shall contain more than 100 grams of Uranium 235 or 60 grams of Uranium 233 or 60 grams of Plutonium or any combination thereof such that the sum of 2. Burial of unpackaged sealed sources the ratios of the quantity of each special nuclear material to the quantities specified herein at the licensee’s facility near Beatty, does not exceed unity. Unity shall be determined by the following formula: Nevada. 3. Provides that shipments of special grams contained U 235 ■ grams contained U 233 grams contained Pu _ 1 nuclear material shall be buried either — 100 "60 1 ' 60 (a) with a minimum of 8 inches of earth (c) No single package shall contain more than 15 grams of any combined Uranium 23 , separating each shipment, or (b) with a Uranium 233, and Plutonium per cubic foot of total volume. minimum distance of 12 feet separating 2. The licensee shall not possess at any one time at its facility in Cowell, Calif., m each shipment in a burial trench. 4. Sealing or placement in undamaged A. 500 grams of Uranium 235, 300 grams of Uranium 233, and 300 grams of Plutonium containers of packages received by the provided that the sum of the ratios of the quantity of each special nuclear material to licensee which may have lost their in­ quantities specified herein does not exceed unity. Unity shall be determined by the o o tegrity during transportation. Author­ ing formula: ity has not been granted for opening of grams contained U 235 grams contained U 233 f grams contained Pu _ , packages and removal of the waste ma­ 3ÖÖ — r 300 terial therein. * 50Ô The license amendment contains the B. No single package shall contain more than 100 grams of Uranium 235 or g ^ _ . following restriction not previously re­ Uranium 233 or 60 grams of Plutonium or any combination thereof such that t ¡n the ratios of the quantity of each special nuclear material to the quantities speci quired. The maximum concentration of does not exceed unity. Unity shall be determined by the following formula. liquid radioactive waste which may be solidified and repackaged is 10_1 micro­ grams contained U 235 gramé contained U 233 t grams contained Pu—^ curies per milliliter. 100 ------+ ------I : 1 60 Thursday, M ay 27, 1965 FEDERAL REGISTER 7119

C. No single package shall contain more D. L abeling. Each outside container label 8 . A designated representative of the City than 15 grams of any combined Uranium 235, required under Section 20.203(f) of 10 CFR of Antioch shall notify a designated repre­ Uranium 233 and Plutonium per cubic foot of 20 shall bear the following information: sentative of the licensee at least 48 hours in total volum e. (1) Total activity in millicuries, or in the advance of the resumption or cessation of 3. Operations authorized in this license case of source and special nuclear material, pumping operations. Notification shall be shall be conducted by individuals designated the total weight; by a telephone call with confirmation in by the Nuclear Engineering Co., Inc., Radia­ (2 ) p rin c ip a l radioisotope; writing. In the event of emergency shut­ tion Safety Committee. The Radiation (3) radiation level at the surface of the down of pumping operations by the city, the Safety Committee shall consist of J. S. Cor­ container and at one meter from source; and licensee shall be advised of the probable bett, J. L. Harvey, and A. L. Johnson. Each (4) the name and address of the licensee. duration of the shutdown. For the purpose individual authorized to conduct operations E. Each vehicle in which licensed material of this provision, representatives of the City shall have completed the Radiation Train­ is transported shall be marked or placarded of Antioch are: ing Program described in Attachment 1—C of on each side and the rear with lettering at the application dated July 8 , 1964, and shall least 3 inches high as follows: “dangerous— B. H. Maynard, Director of Public Works, have completed on-the-job training as spec­ RADIOACTIVE MATERIAL." telephone, Plateau 7-3333. ified in Section D, Attachment 5 of the appli­ F . A ccid en ts. In the event of an accident Martin Tillman, Utilities Superintendent, cation dated July 8,1964. involving any vehicle transporting licensed telephone, Plateau 7-0515. 4. The transportation of AEC-licensed ma­ material, immediate steps shall be taken to Leo S. Fancey, City Manager, telephone, terial to and from the processing facility shall prevent radiation exposure of persons and Plateau 7-3333. be subject to the applicable regulations of to control contamination. Representatives of the licensee are: the Interstate Commerce Commission, United G. Exemptions. Specific approval must be States Coast Guard and other agencies of obtained from the Atomic Energy Commis­ J. Stewart Corbett, Chief, Radiation Protec­ the United States having appropriate juris­ sion for modification of, or exemption from, tion Officer, telephone, 686-6042. diction, and where such regulations are not the requirements of this license condition. Alfred L. Johnson, Supervisor, Operations, applicable shall be in accordance with the Requests for such approval should be di­ telephone, 686=6042. following requirements except as specifically rected to the Chief, Isotopes Branch, Division The licensee will require eight hours to provided by the Atomic Energy Commission: of Materials Licensing, Atomic Energy Com­ complete a barge loading operation. Upon A. Outside shipping containers. (1) Ex­ mission, and should contain sufficient in­ receipt of said notice of intention to resume cept for wastes prepared for ocean disposal formation to support such a request. pumping, the licensee agrees to take the fol­ as provided in C o n d itio n 8 of this license, 5. In those cases in which the regulations lowing action with sufficient promptness to the containers shall meet any one of the of the Interstate Commerce Commission, comply with condition (d) below. following specifications described in Appendix United States Coast Guard, or other agency a. Cease loading special nuclear material A a tta c h e d h e re to : of the United States having jurisdiction over waste for transport from Cowell to Antioch a. 15A, 15B, 12B, 6A, 6B, 6C, 17C, 17H, I9A, the transportation of radioactive material are and halt departure of trucks from Cowell or 19B fo r th e c o n ta in m e n t o f rad io activ ity not applicable, transportation of radioactive to Antioch; in amounts not in excess of 2.7 curies; except material may also be carried out in accord­ ance with the following: , b. Remove all special nuclear material polonium, 2 curies, and hydrogen 3, 5 curies. waste from the wharf at Fulton’s Shipyard b. Specification 55 for containm ent of solid A. Interstate Commerce Commission Spe­ cial Perm it No. 2301. by placing it on a sea transport positioned cobalt 60, cesium 137, iridium 192, or gold for ocean disposal. 198 in amounts not in excess of 300 curies. B. Bureau of Explosives Permit No. 68 6 . C. Bureau of Explosives Permit No. 612. c. Remove any loaded or partially loaded (2) There shall be no radioactive contami­ barge or ship from the vicinity of the Antioch nation on any exterior surface of the con­ 6 . Byproduct, source, and special nuclear material may be disposed of by water intake. This provision contemplates tainer in excess of 500 d/m/100 sq. cm. alpha prompt removal of ships or barges loaded or A. Burial in the soil at a site located in and 0.1 mrep/hr beta-gamma radiation. partially loaded with radioactive wastes, to (3) The smallest dimension of the con­ the NWÎ4 of the NE% of Section 35, Town­ an ocean disposal site, weather and sea con­ ship 13 South, Range 47 East, Mount Diablo tainer shall not be less than 4 inches. ditions permitting. A bona fide and good Baseline and Meridian, Nev. (4) The radiation level at any accessible faith exercise of the opinion of the master B. Burial at a minimum depth of 1,000 surface of the container shall not exceed of the transporting vessel to the effect that m re m /h r. fathoms in the Pacific Ocean. 200 such prompt removal would be hazardous (5) At one meter from any point on the ( 1 ) Within an area bounded by points from the standpoint of the prevailing radioactive source the radiation level shall designated as 37°38' N., 123°18' W.; 37°38' weather and sea conditions, shall operate to not exceed m re m /h r. 10 N., 123-30' W.; 37-43' N., 123°24' W.; and excuse a violation of this provision until such 37°43' N., 123°30' W. (6 ) Containers which contain radioactive time as the said weather and sea conditions material emitting only alpha and/or beta (2) Within 5 miles of a point designated are no longer deemed hazardous in the said radiation shall contain sufficient shielding to as 37°40' N„ 124°50' W. opinion of said master. prevent the escape of primary corpuscular ra­ (3) Other locations in the Pacific Ocean d. Conditions (a) to (c) Inclusive hereof, diation to the exterior surface and to reduce when approved by thé Atomic Energy Com­ shall be fully complied with not later than the secondary radiation at the surface of the m ission. sixteen (16) hours prior to the time desig­ container to at least 10 mrem/24 hours at 7. A. The licensee shall load containers of nated for the resumption of pumping/ any time during transportation., special nuclear material waste aboard ves­ 4. The licensee shall utilize all necessary B. inside containers. (1) Solid and gas­ sels for transportation to the ocean disposal cargo handling procedures and equipment to eous radioactive materials shall be packed sites only at locations and under the condi­ prevent dropping of packaged special nuclear in suitable inside containers designed to pre­ tions provided in this license. material waste during the loading operation. vent rupture and leakage under conditions B. The licensee may load containers of spe­ 5. The licensee shall maintain careful su­ incident to transportation, cial nuclear material waste at Fulton’s Ship­ pervision of special nuclear material waste (2) Liquid radioactive materials must be yard near Antioch, Calif., for transport to throughout the period in which it is present packed in sealed glass, earthenware, or other the disposal site in the Pacific Ocean, under at Fulton’s Shipyard or in the vicinity there­ suitable containers. The container must be the following conditions: of. This supervision shall require the pres­ surrounded on all sides by an absorbent ma­ 1, Licensee shall load special nuclear ma­ ence of one of the individuals authorized by terial sufficient to absorb the entire liquid terial waste aboard its barge, the Harbor this license at all times when special nuclear contents and be of such nature that its effi­ Industries No. 1, or aboard" any suitable barge material waste containers are being handled. ciency will not be impaired by chemical re­ or ship, at the Fulton’s Shipyard, only at One individual shall be designated by the actions with the contents. Where shielding süch time as the City of Antioch is not licensee to be responsible for the safety of is required the absorbent material must be pumping water from the San Joaquin River the operation during periods when the spe­ placed within the shield. If the inside con­ and in a manner assuring an interval of time cial nuclear material waste is present but not tainer meets the Specification 2R in Appen­ between the period of loading and resump­ undergoing active handling. All special nu­ dix A, the absorbent material is not required. tion of river pumping, as herein set forth. clear material shall be secured in such a (3) Materials containing radioisotopes of 2. Loading operations shall be coordinated manner as to prevent access to it by other plutonium, americium, polonium, or curium, between the Department of Public Works of than authorized personnel of the licensee. or the isotope strontium 90, in quantities in the City of Antioch, City Hall, Antioch, excess of 100 microcuries, m ust be packed in In the event of an accident or any ocurrence Calif., and the licensee. Communications that might or does involve any possibility of containers which meet Specification 2R in shall be specifically addressed as follows: Appendix A. radioactive contamination of the river or ad­ C. S h ielding. Inside containers must be B. H. Maynard, Director of Public Works, jacent areas, regardless of the degree or completely surrounded with sufficient shield- City Hall, Antioch, Calif., amount thereof, the licensee’s supervising tog to meet the requirements of subpara­ representative shall immediately notify one a n d graphs A(4), A(5), and A(6 ) of this condi­ of the city of Antioch representatives listed tion. The shield m ust be so designed that it J. S. Corbett, Chief Radiation Protection in Paragraph 3 above, as well as the Atomic will not open or break under normal condi­ Officer, Nuclear Engineering Co., Inc., Box Energy Commission, and shall immediately tions incident to transportation. 594, W alnut Creek, Calif. cease all loading activities until given au- 7120 NOTICES thority to proceed by representatives of said the entrance to each facility in which waste taining liquid waste- and records maintain^ Commission. is stored shall be locked when authorized thereof. . > 8 .. For disposal by burial at sea, byproduct, personnel are not present so as to make each E. The licensee shall not dispose of any source and special nuclear material shall be facility inaccessible to unauthorized person­ uncontained waste byproduct, source and packaged only in 55-gallon drums prepared nel when radiation levels exist therein which special n u c le a r m a te ria l. in accordance with procedures described in could cause an individual to receive a dose F. Packages containing special nuclear applications dated August 3, 1960 and Octo­ in excess of 100 millirem in any one hour. material placed in a burial trench shall have ber 28, 1960, and encased in concrete as de­ 15. Notwithstanding the record keeping a minimum of 8 Inches of earth or 12 feet of scribed in application dated March 31, 1961. requirements of 10 CFR Parts 20, 30, 40, and space separating each shipm ent in all direc­ 9. The licensee shall notify the Chief, Iso­ 70, the licensee shall maintain: tio n s. topes Branch, Division of Materials Licens­ A. Records of the following items of in­ G. Vegetation samples shall be obtained ing, Atomic Energy Commission, Washington, formation regarding each container of waste on a semiannual basis in the vicinity of the D.C., and the Director, Region V, Division of received from customers: burial trenches. The licensee will record the Compliance, Atomic Energy Commission, (1) Name and address of customer. result of the measurement of each vegetation 2111 Bancroft Way, Berkeley, Calif., at least (2) Principal radioisotope. sa m p le ta k e n . 20 days prior to each sea disposal or series (3) Total amount of byproduct material H. A water sample shall be taken from the of sea disposals by letter deposited in the in millicuries, the amount of source material licensee’s test well not less than once a month United States mail properly stamped and ad­ in pounds and the amount of special nuclear and analyzed for gross alpha- and beta- dressed, of the proposed date and location for material in grams. gamma radioactivity. Should any water disposal. Information regarding the total (4) Radiation level at the surface of the sample obtained from the test well reveal number of containers, the total activity of container and at 1 m eter. an increase in the concentration of radio­ byproduct material in curies, ' the total (5) Level of removable radioactive con­ active material in the aquifer greater than amount of source material In pounds, the tam ination on the container surface. the concentration of radioactive material total amount of special nuclear material in (6 ) D ate received. determined prior to commencement of burial grams contained in each sea disposal ship­ B. Records of the following items of infor­ operations, the licensee shall perform further m ent shall be supplied to the Director, Divi­ mation regarding each container of waste surveys to determine whether or not the sion of Compliance, specified above, in such packaged for sea disposal. increase is due to land burial operations. a manner that the information is received (1) Total amount of byproduet material Should the radioactivity be determined to by the Director, Division of Compliance, one in millicuries, the amount of source ma­ originate in the burial ground, the licensee working day prior to the loading of the vessel terial in pounds and the amount of special shall notify the Director, Division of Mate­ for each sea disposal trip. Information re­ nuclear material in grams. rials Licensing within thirty (30) days of garding the quantities of byproduct, source (2) Radiation level at the surface of the s u c h findings. and special nuclear material disposed of, the c o n ta in e r a n d a t 1 m eter. (3) Level of removable radioactive con­ This license shall be effective on the date actual date of disposal and the disposal loca­ Issued and shall expire 3 years from the last tion in latitude and longitude shall be sup­ tamination on the container surface. (4) Most hazardous radioisotope. day of the month in which this license is plied to the Chief, Isotopes Branch, Division issued. of Materials Licensing, Atomic Energy Com­ (5) Date of packaging. mission, within thirty (30) days after the (6 ) Weight and volume of final container, D ated a t B ethesda, Md., M ay 20,1965. if prepared for disposal at sea. date of disposal. For the Atomic Energy Commission. 10. The licensee shall not remove solid (7) Disposal location and date of disposal. radioactive wastes from shipping containers 16. The licensee may seal or place in un­ Lyall Johnson, except as follows: damaged containers such packages received Acting Director, A. Any inner container with not more than by the licensee which may have lost their Division of Materials Licensing. 500 curies of byproduct material or not more Integrity dining transportation.- Packages which may have lost their Integrity shall not [F.R. Doc. 65-5554; Filed, May 26, 1965; than the quantity of special nuclear material 8:49 a.m .] specified in Condition l.C.(b) of this license b e opened. may be removed from a shipping cask. Im­ 17. Except as specifically provided other­ wise in this license, the licensee shall receive, mediately upon removal of an inner con­ process, package, and dlspœe of byproduct, [Docket No. 50-227] tainer from a shipping cask, the inner con­ source and special nuclear material in ac­ tainer shall be buried without any interim cordance with the conditions, limitations, GENERAL DYNAMICS CORP. storage or processing. The licensee shall and procedures contained in the application provide written instructions to employees Notice of Proposed Issuance of dated July 8 , 1964, 'and amendment thereto for each operation in which an inner con­ dated January 27, 1965. Construction P&rmit tainer is removed from a shipping cask. The A. All waste byproduct, source and special operations authorized in this condition shall Please take notice that the Atomic nuclear material shall be disposed of by Energy Commission proposes to issue be carried out in accordance with the pro­ burial in the soil within 6 months from the cedures and limitations contained in lèttere date of receipt by Nuclear Engineering Co„ to the General Dynamics Corp. a con­ dated January 29, 1964; February 13, 1964;. In c , struction permit substantially in the and Attachment 8-A of the application dated B. Upon completion of burial operations form set forth below which would au­ J u ly 8, 1964. in a burial trench, the licensee will backfill thorize the construction of a Thermionic B. Any sealed sources with not more than the trench so that there is a minimum of 3 Research TRIGA nuclear reactor on the 50 curies of Cobalt 60 or the equivalent of feet of earth, consisting of both fine and corporation’s laboratory site at Torrey 50 etudes of Cobalt 60 in terms of radiation coarse materials, between the last layer of may be removed from shipping casks and packages and the surface of the ground. The Pines Mesa, Calif. disposed of in accordance with the proce­ licensee will mound earth, including fine The Atomic Energy Commission has dures and limitations contained in thè ap­ and coarse materials, over the trench to a found that: plication dated July 8 , 1964, and the amend­ minimum height of 2 feet at the center of A. The application complies with the ment thereto dated January 27, 1965. the mound in such a manner as to drain requirements of the Atomic Energy Act 11. Packages containing gaseous wastes runoff water away from the trench over which of 1954, as amended, and the Commis­ shall be disposed of by burial in accordance the earth is mounded and away from any sion’s regulations set forth in Title 10, with procedures in section 4, attachment 8 other trench in the process of being filled. of the application dated July 8 , 1964. C. Upon completion of burial operations Chapter I, CFR; 12. The licensee may bury any package in a trench, concrete markers shall be in­ B. The reactor will be a utilization received from another person at its facility stalled at each end of the filled trench. facility as defined in the Commissions near Beatty, Nev., regardless of the levels of These markers shall contain the following regulations contained in Title 10, Chap­ radiation emanating from the package, information: ter I, CFR, Part 50, “Licensing of Pro­ provided that: (1) Date of start and completion of burial duction and Utilization Facilities”; A. The package contains only solid radio­ operations. active materials. , (2) Dimensions of the boundaries of the C. The reactor will be used in the con­ B. Radiation levels at accessible approaches tre n c h . duct of research and development activ­ to a burial trench do not exceed 100 m r /h r (3) Total millicuries of byproduct material ities of the types specified in section except dturing the placement of containers. co n ta in e d . of the Atomic Energy Act of 1954’ 13. Soil samples shall be obtained on a (4) Grams of special nuclear material amended (hereinafter referred to as tne semiannual basis at the surface and at co n tain ed . random 30- to 50-foot depths along the south (5) Pounds of source material contained. 3. General Dynamics Corp. is finan- side of each burial trench (complete or in­ D. No package containing liquid wastes lly qualified to construct the reactor complete). The licensee will record the re­ shall be opened and the contents solidified accordance with the regulation^con- sult of the measurement of each soil sample and repackaged if the concentration of the liquid exceeds 10-1 microcuries per milliliter. ned in Title 10, Chapter I, CFR, to ta k e n . financial responsibility for tne 14. In lieu of the control device require­ Certification of the concentration shall be ments of section 20.203(c)(2), 10 CFR 20, obtained by the licensee for all packages con- Thursday, M ay 27, 1965 FEDERAL REGISTER 7121 special nuclear material and to under­ hereafter in effect, and is subject to the Notice is hereby given, pursuant to the take and carry out the proposed use of additional conditions specified below: provisions of the Federal Aviation Act su c h A. The earliest completion date of the fa­ material for a reasonable period cility is June 15,1965. The latest completion of 1958, as amended, that a hearing on of time; date of the facility is October 15, 1965. . The the above-entitled application is assigned EL General Dynamics Corp. is tech­ term “completion date”, as used herein, to be held on June 2, 1965, at 10 a.m., nically qualified to design and construct means the date on which construction of e.d.s.t., in Room 911, Universal Building, the reactor; the facility is completed except for the in­ Connecticut and Florida Avenues NW., F. General Dynamics Corp. has sub­ troduction of the fuel material. Washington; D.C., • before Examiner mitted sufficient technical information B. The reactor shall be constructed and Joseph L. Fitzmaurice. concerning the proposed facility to pro­ located at the location near Torrey Pines Mesa, Calif., specified in the application. Dated at Washington, D.C., May 21, vide reasonable assurance that the pro­ 3. Upon completion of the construction of1965. posed facility can be constructed and the reactor in accordance with the terms and operated at the proposed location with­ conditions of this permit, upon finding that [ se a l ] F r a n c is W. B r o w n , out endangering the health and safety the facility authorized has been constructed Chief Examiner. of the public; and will operate in conformity with the [F.R. Doc. 65-5557; Filed, May 26, 1965; G. The issuance of a construction per­ application and the provisions of the act and 8:49 a m .] mit to General Dynamics Corp. will not of the rules and regulations of the Commis­ sion, upon filing of proof of financial pro­ be inimical to the common defense and tection and execution of an indemnity agree­ security or to the health and safety of ment as required by section 170 of the act, the public. and in the absence of any good cause being FEDERAL AVIATION AGENCY Within fifteen (15) days from the date shown to the Commission why the granting [OE Docket No. 65-SO-5] of publication of this notice in the F ed ­ of a license would not be in accordance with eral R e g is t e r , the applicant may file a the provisions of the act, the Commission will CORAL TELEVISION CORP. request for a hearing, and any person issue a Class 104 license to General Dynamics Corp. pursuant to section 104c of the act Notice ol Petition for Public Hearing whose interest may be affected by the is­ which license shall expire 10 years after the suance of this construction permit may date of this construction permit, The Coral Television Corp., Miami, file a petition for leave to intervene. A Fla., has filed a petition for public hear­ request for a hearing and petitions to in­ D ate: ing pursuant to § 77.37 (30 F.R. 1837), tervene shall be filed in accordance with For the Atomic Energy Commission. Part 77, Federal Aviation Regulations, in the provisions of the Commission’s rules Saul Levine, appeal of Determination of Hazard to of practice, 10 CFR Part 2. If a request Chief, Test and power Reactor Safety Air Navigation issued in OE Docket No. for a hearing or a petition for leave to Branch, Division of Reactor Li­ 65-SO-5 (30 F.R. 5386), for the proposed intervene is filed within the time pre­ censing. construction of a television antenna scribed in this notice, a notice of hearing [F.R. Doc. 65-5555; Filed, May 26, 1965; structure near Key Biscayne, Fla. or an appropriate order will be issued. 8:49 a m :] Therefore, the determination issued in For further details with respect to this OE Docket No. 65-SO-5 is not and will proposed issuance, see (1) the applica­ not be a final determination p e n d in g tion and amendments thereto, and (2) final disposition of the petition. the related safety evaluation prepared CIVIL AERONAUTICS BOARD by the Test and Power Reactor Safety Issued in Washington, D.C., on May Branch of the Division of Reactor Li­ [Docket No. 16164] 20,1965. censing, all of which are available for AIR NEW ZEALAND LTD. J o s e p h V iv a r i, public inspection at the Commission’s Acting Chief, Public Document Room, 1717 H Street Notice of Prehearing Conference Obstruction Evaluation Branch. NW., Washington, D.C. A copy of item Application for amendment of its for­ [F.R. Doc, 65—5514; Filed, May 26, 1965; (2) above may be obtained at the Com­ eign air carrier permit to authorize 8:46 a.m .] mission’s Public Document Room, or transportation as follows: Between a upon request addressed to the Atomic point or points in New Zealand, the in­ Energy Commission, Washington, D.C., termediate points New Caledonia, the 20545, Attention: Director, Division of Fiji Islands, American Samoa, the Cook FEDERAL COMMUNICATIONS Reactor Licensing. Islands, and Honolulu (Hawaii) and the Dated at Bethesda, Md., this 21st day terminal point Los Angeles (California). COMMISSION of May 1965. Notice is hereby given that a prehear­ [Docket No. 15835; FCC 65 M-632] ing conference on the above-entitled For the Atomic Energy Commission. application is assigned to be held on LEBANON VALLEY RADIO ET AL. June 7, 1965, at 10 a.m., e.d.s.t., in Room S atjl L e v in e , Order Continuing Hearing Chief, Test and Power Reactor 911, Universal Building, Connecticut and Safety Branch, Division of Florida Avenues NW., Washington, D.C., In re applications of Joe Zimmermann, Reactor Licensing. before Examiner James S. Keith. Arthur K. Greiner, Glenn W. Winter, William W. Rakow, Robert M. Lesher Proposed Construction Permit Dated at Washington, D.C., May 21, 1965. doing business as Lebanon Valley Radio, 1. By application dated July 2, 1964, and Lebanon, Pa., Docket No. 15835, File No. amendments thereto dated November 30, [ se a l ] F r a n c is W. B r o w n , BP-16098; John E. Hewitt, Thomas A. 1964, a n d F e b ru a ry 26, 1965 (h e re in a fte r re ­ Chief Examiner. Ehrgood, Clifford A. Minnich and Fitz­ ferred to as “the application”), General Dy­ [F.R. Doc. 65-5556; Filed, May 26, 1965; gerald C. Smith doing business as Cedar namics Corp. requested a Class 104 license 8:49 a.m .] Broadcasters, Lebanon, Pa., Docket No. authorizing construction and operation on 15836, File No. BP-16103; Catonsville the applicant’s site at Torrey Pines Mesa, Broadcasting Co., Catonsville, Md., Calif., of a Thermionic Research TRIGA [Docket No. 16176] nuclear reactor (hereinafter referred to as Docket No. 15838, File No. BP-16105; “th e re a c to r” ) , WHEELER AIRLINES LTD. Radio Catonsville, Inc., Catonsville, Md., 2. Pursuant to the act and Title 10, CFR, Docket No. 15839, File No. BP-16106; Part 50, “Licensing of Production and Utili­ Notice of Hearing Commercial Radio Institute, Inc., Ca­ zation Facilities”, the Commission hereby Application for a foreign air carrier tonsville, Md., Docket No. 15840, File No. issued a construction permit to General Dy­ BP-16107; for construction permits. namics Corp. to construct the reactor in ac­ permit, issued pursuant to section 402 cordance with the application. This permit It is ordered, This 20th day of May of the Federal Aviation Act of 1958, as 1965, because of the illness of the presid­ shall be deemed to contain and be subject to amended, to 'perform operations of a the conditions specified in §§ 50.54 and 50.55 ing Hearing Examiner, that the hearing of said regulations; is subject to all appli­ casual, occasional, or infrequent nature, heretofore scheduled to be convened cable provisions of the act and rules, regula­ in common carriage, into the United June 1, 1965, in the above-entitled pro­ tions and orders of the Commission now or States. ceeding, is continued to a date to be No. 102— P t. I------5 7122 NOTICES specified by subsequent order; and, it is from the Commission’s decision in the The'burden of proof and proceeding with further ordered, That the motion of Missouri-Hlinois Broadcasting Co. case, the introduction of evidence will be Cedar Broadcasters, filed May 19, 1965, 1 R.R. 2d 1 (1963) in which the Commis­ placed on KGMO. for brief continuance of hearing, is dis­ sion denied, without a hearing, its peti­ 4. KZYM, in its petition to designate missed. tion for reconsideration of the Commis­ for hearing, contends that, should a sion’s action in granting, also without a hearing be required on the Carroll issue, Released: May 20,1965. hearing, a construction permit to Mis­ the KGMO renewal application should F ederal C ommunications souri-Illinois Broadcasting Co. KGMO’s be designated for hearing in a consoli­ C o m m is s io n , petition for reconsideration was based on dated proceeding with the KZYM appli­ [ se a l ] B e n F . W a p l e , the grounds that the economic effect of cation. KZYM alleges that it has stand­ Secretary. another station in the area would be ing on the grounds that, in the event [F.R. Doc. 65-5534; Filed. May 26, 1965; detrimental to the public interest. The that it is determined that the revenues 8:47 a.m .] Court of Appeals for the District of are not adequate to support another Columbia Circuit, in the case of KGMO station without a net loss or degradation Radio-Television, Inc. v. F.C.C. 336 F. 2d of service, a grant of the KGMO renewal [Docket Nos. 16017, 16019; FOC 65-437] 920, 2 R.R. 2d 2057 (1964), affirmed the application would be tantamount to a MISSOURI-ILLINOIS BROADCASTING principle set forth in the case of Carroll denial of the KZYM application without Broadcasting Company v. FvC.C. 258 F. a full and fair hearing. KGMO, in its CO. (KZYM) AND KGMO-RADIO- 2d 440, 17 R.R. 2066 (1958) to the extent opposition, contests KZYM’s standing to TELEVISION INC. (KGMO) that the Commission may inquire into file a petition directed against- its re­ Memorandum Opinion and Order the question of whether the economic newal application. KGMO alleges that effect of another broadcast station in the such consolidation is not required or Designating Applications for Con­ area would be to damage or destroy serv­ called for under the Commission’s pro­ solidated Hearing on Stated Issues ice to an extent inconsistent with the cedures. It further alleges that such In re applications of Jerome B. Zim­ public interest. However, the Court of consolidation would violate the Court’s mer and Lionel D. Speidel doing business Appeals remanded the Missouri-Illinois decision in the KGMO Radio-Television, as Missouri-Illinois Broadcasting Co. Broadcasting Co. case, supra, to the Inc. v. F.C.C. case, supra, since no such (KZYM) , Cape Girardeau, Mo., Docket Commission with instructions to give proceeding was contemplated therein. No. 15017, File No. BP-15057; has CP: KGMO an opportunity to amend and The Commission has held that, in the 1220 kc, 250 w, Day, Class II; for con­ amplify its allegations in support of its event it is determined that a community struction permit. KGMO Radio-Tele­ request for a Carroll issue, on the grounds can not economically support another vision, Inc. (KGMO), Cape Girardeau, that KGMO did not have notice of the station, the losing applicant can file at Mo., Docket No. 16019, File No. BR-2704; new pleading requirements which were the existing licensee’s next renewal pe­ has license: 1550 kc, 5 kw, DA-D, Class set forth in the Commission’s decision riod and then it will be entitled to com­ n ; for renewal of iicense. as necessary to support a Carroll issue. parative consideration with the existing 1. The Commission has before it for The Commission’s action on the remand licensee in order to determine which consideration (a) the decision in the case is contained in the Missouri-Illinois party would better serve the public in­ of KGMO Radio-Television, Inc. v. Broadcasting Co. case, FCC 64-748, 3 terest. John Self 24 R.R. 1177 (1963) ; F.C.C. 336 F. 2d 920, 2 R.R. 2d 2057, R.R. 2d 232 (1964). In the latter case, Bigbee Broadcasting Co. 25 R.R. 88 decided May 22, 1964 by the U.S. Court the Commission afforded KGMO an op­ (1963) ; see also William L. Ross 25 R.R. of Appeals for the District of Columbia portunity to amend its petition for re­ 360 (1963). In these cases the Com­ Circuit remanding the Missouri-Illinois consideration and also set forth the ques­ mission refused to advance the existing Broadcasting Co. case, 1 R.R. 2d 1 (1963) tions that had to be answered to enable licensee’s dates for filing their applica­ to the Commission for further proceed­ it to determine whether KGMO has tions. However, it did indicate that the ings; (b) the Commission’s action, on raised substantial and material questions Commission would permit the applicant remand, in the Missouri-Illinois Broad­ of fact that would require an evidentiary for the new station to file its application casting Co. case, F.C.C. 64-748, 3 R.R. hearing on the Carroll issue. The Com­ at the termination of the existing sta­ 2d 232, adopted July 29, 1964, affording mission now has before it the additional tion’s normal licensing period in order to KGMO Radio-Television, Inc., licensee information submitted by KGMO in sup­ receive comparative consideration with of Station KGMO, Cape Girardeau, Mo.,, port of its request for a Carroll issue and such licensee. Here, KGMO’s normal an opportunity to amend and amplify its other related pleadings filed by KGMO licensing period has lapsed and since its petition for reconsideration, filed on and KZYM. renewal application is pending, KGMO is April 12, 1963 (this latter petition, also 3. The Commission has considered thepresently operating its station pursuant before the Commission, is directed contentions of the parties and is of the to section 9(b) of the Administrative against the Commission’s action of opinion that KGMO has met the burden Procedure Act and section 307 (b) of the March 13, 1963, in granting, without a of pleading to the extent required by Communications Act of 1934, as amend­ hearing, the application, File No. BP- Missouri-Illinois Broadcasting Co. 3 R.R.. ed. The purpose of the economic issue is 15057) ; (c) the “Amendment to and 2d 232 (1964), and, therefore, the Car- “not * * * to protect a licensee against Amplification of Petition for Reconsid­ roll issue will be specified. In its detailed competition but to protect the public. eration,” filed on October 5, 1964, by response to the Commission inquiries, F.C.C. v. Sanders Brothers Radio Station KGMO; (d) tiie “Response to the KGMO alleged specific facts and drew 309 Ü.S. 470, 475 (1940). If it should Amendment to and Amplification of Pe­ conclusions which were reasonably re­ be found that this area cannot support tition for Reconsideration,” filed on lated to these factual allegations. In another licensee without a net loss of December 7, 1964, by Missouri-Illinois sum, KGMO has offered to prove that the service to the public, it is important that Broadcasting Co. (KZYM); and (e) the economic effect of a nèw station in Cape the Commission determine that the “Reply to Response of KZYM,” filed on Girardeau would be detrimental to the limited broadcasting facilities available January 4, 1965, by KGMO. The Com­ public interest because it would result in are being operated by the party who will mission also has before it for considera­ a diminution of the existing quantity and better serve the public interest. Having tion: (a) the above-captioned and de­ quality of standard broadcast service to alleged that Cape Girardeau cannot scribed renewal application of Station the area. Although the burden of proof support another station, and assuming KGMO, Cape Girardeau, Mo.; (b) the on KGMO is heavy, it was not required that it can successfully establish this at “Petition to Designate for Hearing and to prove its case prior to hearing. The hearing, KGMO will not be heard to Commission is of the view that KGMO object to the Commission fulfilling its od - for Other Relief,” filed on December 29, ligation to the public by making the fur­ 1964, by KZYM; and (c) the “Opposition has raised substantial and material ques­ ther determination in a comparative to Petition to Designate for Hearing and tions of fact concerning the ability of the hearing of whether KGMO or KZYM for Other Relief,” filed on January 11, Cape Girardeau market to support an­ would better serve the public interest. 1965, by KGMO. other broadcast station without net loss 2. KGMO Radio Television, Inc., li­ or degradation of service to the com­ Accordingly, the KGMO renewal applica­ censee of standard broadcast station munity. These questions can only be tion will be designated for hearing in a consolidated proceeding with the KZYJyl KGMO, Cape Girardeau, Mo., appealed resolved in an evidentiary hearing. Thursday, M ay 27, 1965 FEDERAL REGISTER 7123 application, specifying a contingent com­ going issues which, if either, of the ap­ Corporation (hereinafter WLOR)1 for an parative issue,1 so that a full comparison plications should be granted. increase in power. In its Decision (35 of the parties can be made in the record , It is further ordered, That the Petition F.C.C. 525, released October 16, 1963), in the event that the record shows that for Reconsideration, filed by KGMO the Review Board noted that a showing the public would suffer if both were au­ Radio-Television, Inc. is granted. concerning the impact of WLOR’s ap­ thorized to operate at Cape Girardeau. It is further ordered, That the Petition plication upon other efficient use of the In remanding the case to the Commission, to Designate for Hearing and for Other frequency spectrum would have been the Court of Appeals indicated that the Relief, filed by Missouri-Illinois Broads desirable as an additional factor to be Commission could in its discretion con­ casting Co. (KZYM) is granted to the considered in connection with WLOR’s sider and act upon any of its rules. The extent indicated above. request for waiver of § 73.28(d) (3) of Court in no way precluded the Commis­ It is further ordered, That the burden our rules. . The Review Board then pro­ sion from pursuing its present course of of proceeding with the introduction of ceeded to make an independent evalua­ action. The Commission is of the opin­ evidence and the burden of proof with tion of the effect of WLOR’s proposal ion that the public interest will best be respect to Issue No. 1 are hereby placed upon possible future use of other fre­ served by the action taken herein. on KGMO Radio-Television, Inc. quencies and indicated that upon timely 5. Except as indicated by the issues It is further ordered, That, to avail request any party would be afforded an specified below, KGMO Radio-Television, themselves of the opportunity to be opportunity to show the contrary. Inc. (KGMO) is legally, technically, fi­ heard, the applicants herein, pursuant 2. The Court of Appeals held in its nancially and otherwise qualified to op­ to § 1.221(c) of the Commission’s rules, Opinion that the Review Board’s Deci­ erate as proposed and Missouri-Illinois in person or by attorney, shall, within sion, by raising a new issue after the Broadcasting Co. (KZYM) is legally, 20 days of the mailing of this order, file record was closed and by resolving it technically, financially and otherwise with the Commission in triplicate a with facts only partially reflected in qualified to construct and operate as written appearance stating an intention the record, had significantly prejudiced proposed. However, the Commission is to appear on the date fixed for the hear­ Deep South’s^ rights in this proceeding. unable to make the statutory finding, ing and present evidence on the issues The Court of Appeals stated that there that a grant of the applications would specified in this order. was no burden of proof upon Deep South serve the public interest, convenience and It is further ordered, That the appli­ to establish that WLOR’s application necessity, and is of the opinion that the cants herein shall, pursuant to section should be denied. The Court of Appeals applications must be designated for 311(a) (2) of the Communications Act of also indicated that Deep South had not hearing in a consolidated proceeding on 1934, as amended, and § 1.594 of the been accorded a full hearing since the the issues set forth below. Commission’s rules, give notice of the Review Board’s action had deprived It is ordered, That the grant of the hearing either individually or, if feasible, Deep South of the opportunity to test above-captioned application of the Mis­ and consistent with the rules, jointly, the Review Board’s independent evalu­ souri-Illinois Broadcasting Co. (BP- within the time and in the manner pre­ ation by cross-examination or to counter 15057) is set aside. scribed in such rule, and shall advise the it by evidence of its own. The Court of It is further ordered, That, pursuant to Commission of the publication of such Appeals then concluded that Deep South section 309(e) of the Communications notice as required by § 1.594(g) of the was entitled to request that WLOR’s ap­ Act of 1934, as amended, the subject ap­ rules. plication be remanded to the Hearing plications are designated for hearing in Examiner so that WLOR could seek to a consolidated proceeding, at a time and Adopted: May 19,1965. sustain its burden of proof on the record. place to be specified in a subsequent Released: May 21,1965. 3. In compliance with and consistent order, upon the following issues: with the Court of Appeals’ opinion, we 1. To determine whether there are ade­ F ederal C ommunications are reopening the record and remanding quate revenues to support more than two C o m m is s io n ,1 this proceeding to the Hearing Exam­ standard broadcast stations in the area [ s e a l ] B e n F . W a p l e , iner who presided originally, for further proposed to be served by the Missouri- Secretary. hearings to permit WLOR to adduce evi­ Ulinois Broadcasting Co. (BP-15057) [F.R. Doc. 65-5535; Filed, May 26, 1965; dence concerning the impact of its ap­ proposal without loss or degradation of 8:47 a m .] plication upon other efficient use of the standard broadcast service to such area. frequency spectrum. As indicated above, 2. In the event that Issue No. 1 is Deep South may subject WLOR’s show­ answered in the negative, to determine [Docket No. 14760; FCC 65-426] ing to cross-examination or may counter the areas and populations which would it by the adduction of . relevant evidence. receive primary service from each of the TRIPLE C BROADCASTING CORP. Thereafter, the Hearing Examiner shall applicants and the availability of other (WLOR) issue a Supplemental Initial Decision primary service to such areas and with findings of fact and conclusions of populations. Memorandum Opinion and Order law reflecting the effect of the further 3. In the event that Issue No. 1 is Remanding Application hearing upon the issues as designated in answered in the negative to determine, this proceeding. on a comparative basis, which of the pro­ In re application of Triple C Broad­ casting Corp. (WLOR), Thomasville, Accordingly, it is ordered, This 19th posals would better serve the public in­ day of May 1965, that the record in this terest, convenience, and necessity in light Ga., Docket No. 14760, File No. BP- proceeding is reopened, and that this of the evidence adduced pursuant to the 14988; for construction permit. proceeding is remanded to the Hearing foregoing issues and the record made 1. Before us for consideration is the Examiner for the adduction of additional with respect to the significant differences opinion of April 1, 1965, of the United evidence and the issuance of a Supple­ between the applicants as to : States Court of Appeals for the District mental Initial Decision consistent with (a) The background and experience of Columbia circuit in Deep South this Memorandum Opinion and Order. of each having a. bearing on the appli­ Broadcasting Co. v. Federal Communica­ cant’s ability to own and operate its Released: May 20, 1965. proposed station. tions Commission, __ U.S. App. D.C. ______F. 2d 4 Pike & Fischer, F ederal C ommunications (b) The proposals of each of the ap­ C o m m is s io n ,® plicants; with respect to the management R.R. 2d 2018„(Case No. 18,507), remand­ ing this case for further proceedings. [ s e a l ] B e n F . W a p l e , and opération of the proposed station. Secretary. (c) The programing service proposed The Court of Appeals’ action resulted from an appeal by Deep South from the [F.R. Doc. 65-5536; Filed, May 26, 1965; in each of the said applications. 8:47 a.m .] 4. To determine, in the light of the final Decision in this proceeding, „ in which the Review Board, acting pursu­ evidence adduced pursuant to the fore- iWKTG, the call sign formerly assigned ant to delegated authority, granted the to this standard broadcast station, was 1In view of the substantial difference in application of Triple C Broadcasting changed to WLOR as of June 7, 1964, pur­ operating powers, a contingent comparative suant to the licensee’s request. coverage issue will also be specified. 2 Commissioner Bartley not participating. 2 Commissioner Cox not participating. 7124 NOTICES

[Docket Nos. 15841—15843; POO 65M-619] operate as proposed; that Producers, alternative, to request an exemption Inc., and WHAS, Inc., are financially from its provisions; and WTCN TELEVISION, INC. (WTCN-TV), qualified, but that the financial informa­ It further appearing, that, in view of ET AL. tion submitted by Fidelity Radio, Inc.; the foregoing, the Commission is unable Order Regarding Procedural Dates was filed in 1962 and that, in the absence to make the statutory finding that a of current financial information, it can­ grant of any of the applications would In re applications of WTCN Television, not be determined that Fidelity Radio, serve the public interest, convenience, Inc. (WTCN-TV), Minneapolis, Minn., Inc., is financially qualified; and and necessity and is of the opinion that Docket No. 15841, Pile No. BPCT-2850; It further appearing, that the applica­ the applications must be designated for Midwest Radio-Television, Inc. (WCCO- tions are mutually exclusive in that hearing in a consolidated proceeding on TV), Minneapolis, Minn., Docket No. operation by the applicants as proposed the issues set forth below; 15842, Pile No. BPCT-3292; United Tele­ would result in mutually destructive in­ It is ordered, That, pursuant to section vision, Inc. (KMSP-TV), Minneapolis, terference; and 309(e) of the Communications Act of Minn., Docket No. 15843, File No. BPCT- It further appearing, that the areas 1934, as amended, the applications are 3293; for construction permits. for which the applicants propose to pro­ designated for hearing in a consolidated The Hearing Examiner having under vide FM broadcast service are signifi­ proceeding, at a time and place to be consideration a joint petition filed on cantly different in sizef and that, for specified in a subsequent order, upon the May 13, 1965, on behalf of the three the purposes of coiriparison, the areas following issues: applicants herein requesting the revision and population within the respective 1 1. To determine the areas and popu­ of certain procedural dates; mv/m contours together with the avail­ lations within each of the proposed 1 It appearing, that good cause exists ability of other FM services (at least 1 mv/m contours and the availability of why said petition should be granted and mv/m) within such areas will be con­ other FM services (at least 1 mv/m) to there is no objection thereto; sidered in the hearing ordered below for such areas and populations. Accordingly, it is ordered, This 17th the purpose of determing whether a com­ 2. To determine whether Fidelity day of May 1965, that the Hearing Ex­ parative preference should accure to any Radio, Inc., is financially qualified to - aminer’s Order of April 25, 1965 (FCC of the applicants; and construct and operate its proposed sta­ 65M-527), is revised to the following It further appearing, that Fidelity tion. extent: Radio, Inc., proposes to operate from a 3. To determine, on a comparative 1. That the exchange of the appli­ transmitter site formerly used by Fi­ basis, which of the proposals would cants’ affirmative exhibits shall be on delity in the operation of former FM better serve the public interest, con­ or before May 25,1965; broadcast Station WLIL, the license of venience, and necessity in the light of 2. That respondents’ replies or nega­ which was surrendered in 1961; that the the evidence adduced pursuant to the tive exhibits shall be exchanged on or site proposed does not meet the minimum foregoing issues and the record made before June 23, 1965; and, mileage-separation requirements of with respect to the significant differences 3. That the notification of witnesses § 73.207 of the Commission’s rules in that between the applicants as to: desired for cross-examination shall be said site is located 133.6 miles from the (a) The background and experience accomplished on or before July 1, 1965; site of FM Station WROY, Carmi, HI. of each having a bearing on the appli­ It is further ordered, That the hearing (Channel No. 247) and 102.5 miles from cant’s ability to own and operate the FM herein shall commence on July 19, 1965, FM Station WOXR, (Oxford, Ohio station as proposed. 10 a.m., in the Commission’s Offices, (Channel No. 249); that § 73.207 of the (b) The proposals of each of the ap­ Washington, D.C. rules requires separations of 135 and plicants with respect to the management and operation of the FM broadcast sta­ Released: May 18, 1965. 105 miles, respectively, between the pro­ posed Louisville site and Stations WROY tion as proposed. F ederal C ommunications and WOXR; that Fidelity Radio, Inc., (c) The programing service proposed C o m m is s io n , has requested a waiver of the require­ in each of the above-captioned applica­ [ se a l ] B e n F . W a p l e , ments of § 73.207 of the rules to permit tions. Secretary. the use of the site specified in its applica­ 4. To determine, in the light of the [F.R. Doc. 65-5537; Filed, May 26, 1965; tion; and evidence adduced pursuant to the fore­ 8:47 a.m .] It further appearing, that the sites going issues, which of the applications specified by Producers, Inc., and WHAS, should be granted. It is further ordered, That the request [Docket Nos. 16020-16022; FCC 65-453] Inc., are in compliance with the require­ ments of § 73.207; that therefore the of Fidelity Radio, Inc., for a waiver of FIDELITY RADIO, INC., ET AL. request of Fidelity Radio, Inc., will be § 73.207 of the Rules is hereby denied. denied; but that, since the application It is further ordered, That Fidelity Order Designating Applications for was filed December 21, 1962, prior to the Radio, Inc., shall, within forty-five (45) Consolidated Hearing on Stated effective date of the Commission’s Order days of the release of this order, amend Issues of December 17, 1962, temporarily sus­ its application to specify a transmitter pending the acceptance and grant of ap­ site which shall comply with § 73.207 of In re applications of Fidelity Radio, plications for new FM broadcast stations, the rules and that, in the absence of such Inc., Louisville, Ky., Docket No. 16020, the Commission will provide a period of an amendment within the time specified, File No. BPH-3981; requests: 97.5 me, forty-five (45) days from the release of the application of Fidelity Radio, Inc., #248; 35 kw; 343.75 ft.; Producers, Inc., this order to afford Fidelity Radio, Inc., shall be dismissed with prejudice. Louisville, Ky., Docket No. 16021, File an opportunity to amend its application It is further ordered, That in the event No. BPH-4396; requests: 97.5 me, #248; to specify a site which complies with Producers, Inc., does not amend its pro­ 11.5 kw(H) ; 11.5 kw(V) ; 900 ft.; WHAS, § 73.207 of the rules; and that, in the graming proposal to achieve compliance Inc., Louisville, Ky., Docket No. 16022, absence of such an amendment, the ap­ with the requirements of § 73.242 of the File No. BPH-4630; requests: 97.5 me, plication of Fidelity Radio, Inc., will be rules but instead requests an exemption #248; 100 kw; 496 ft.; for construction dismissed; and from these provisions, the examiner is permits. It further appearing, that Producers, hereby authorized to add an issue to At a session of the Federal Communi­ Inc., proposes to duplicate the program­ determine whether circumstances exist cations Commission held at its offices in ing of its AM station for 12 hours per day, which would warrant an exemption from Washington, D.C., on the 21st day of May which after the October*15," 1965, effec­ its provisions. 1965; tive date would not be in compliance with It is further ordered, That, to avail The Commission having under con­ the provisions of § 73.242 of the rules themselves of the opportunity to be sideration the above-captioned and de­ which limits such duplication to 50 per­ heard, the applicants herein, pursuant scribed applications; cent of the weekly hours broadcast; that to § 1.221(c) of the Commission’s niles, It appearing, that, except as indicated under these circumstances, Producers, in person or by attorney, shall, within by thè issues specified below, each of the Inc. will be afforded 30 days within which twenty (20) days of the mailing of this applicants is legally, technically, and to amend its application to achieve com­ order, file with the Commission in tripli­ otherwise qualified to construct and pliance with the above rule or in the cate, a written appearance stating an Thursday, M ay 27, 1965 FEDERAL REGISTER 7125 intention to appear on the date fixed for proposal would better provide a fair, to appear on the date fixed for the hear­ the hearing and present evidence on the efficient and equitable distribution of ing and present evidence on the issues issues specified in this order. radio service, a determination will be specified in this order. It is further ordered, That the appli­ made under Issue No. 2 specified below It is further ordered, That the appli­ cants herein shall, pursuant to section as to whether the proposal should be re­ cants herein shall, pursuant to section 3 1 1 (a )(2 ) of the Communications Act garded as providing a new service for its 311(a)(2) of the Communications Act of 1934, as amended, and § 1.594 of the nominal community, Lawrence Park, or of 1934, as amended, and § 1.594 of the Commission’s rules, give notice of the whether it should be treated as an appli­ Commission’s rules, give notice of the hearing, either individually or, if feasible cation for the principal city, Erie. hearing, either individually or, if feasible and consistent with the rules, jointly, It further appearing, that, in view of and consistent with the rules, jointly, within the time and in the manner pre­ the foregoing, the Commission is unable within the time and in the manner pre­ scribed in such rule, and shall advise the to make the statutory finding that a scribed in such rule, and shall advise the Commission of the publication of such grant of the subject applications would Commission of the publication of such notice as required by § 1.594(g) of the serve the public interest, convenience, notice as required by § 1.594(g) of the rules. ■ y — -■v'M :v- and necessity, and is of the opinion that rules. It is further ordered, That the issues the applications must be designated for It is further ordered, That, the issues with respect to the applications of Pro­ hearing in a consolidated proceeding on in the above-captioned proceeding may ducers, Inc., and WHAS, Inc., may be the issues set forth below: be enlarged by the Examiner, on his own enlarged by the examiner, on his own It is ordered, That, pursuant to section motion or on petition properly filed by motion or on petition properly filed by 309(e) of the Communications Act of a party to the proceeding, and upon suf­ a party to the proceeding, and upon 1934, as amended, the applications are ficient allegations of fact in support sufficient allegations of fact in support designated for hearing in a consolidated thereof, by the addition of the following thereof, by the addition of the following proceeding, at a time and place to be issue: To determine whether the funds issue: To determine whether the funds specified in a subsequent order, upon the available to the applicant will give rea­ available to the applicant will give following issues: sonable assurance that the proposals set reasonable assurance that the proposals 1. To determine the areas and popu­ forth in the application will be effec­ set forth in the application will be lations which would receive primary tuated. effectuated. service from the respective proposals of Greater Erie Broadcasting Co., Inc., and Released: May 24,1965. Released: May 24, 1965. James D. Brownyard and the availability F ederal C ommunications F ederal C ommunications of other primary service to such areas C o m m is s io n ,1 C o m m is s io n ,1 and populations. [ s e a l ] B e n F . W a p l e , [se a l] B e n F . W a p l e , 2. To determine, in the light of section Secretary. Secretary. 307(b) of the Communications Act of [F.R. Doc. 65-5561; Filed, May 26, 1965; 1934, as amended, which of the proposals [F.R. Doc. 65-5560; Filed, May 26, 1965; 8:49 a.m .] 8:49 a.m .] would better provide a fair, efficient and equitable distribution of radio service. [Docket Nos. 15323, 15324; FCO 65M-640] 3. To determine, in the light of the [Docket Nos. 16023,16024; FCC 65-445] evidence adduced pursuant to the fore­ INTEGRATED COMMUNICATION SYS­ going issues which, if either, of the appli­ TEMS, INC., OF MASSACHUSETTS, GREATER ERIE BROADCASTING CO., cations should be granted. AND UNITED ARTISTS BROADCAST­ INC., AND JAMES D. BROWNYARD It is further ordered, That, in view of the decision of the United States Court ING, INC. Order Designating Applications for of Appeals for the District of Columbia Order Scheduling Hearing Consolidated Hearing on Stated Circuit in the case of Kessler v. F.C.C., Issues 1 RR 2d 2061 (1963) and the Commis­ In re applications of Integrated Com­ sion’s subsequent acceptance of his ap­ munication Systems, Inc., of Massachu­ In re applications of Greater Erie plication for filing (Commission Order setts, Boston, Mass., Docket No. 15323, Broadcasting Co., Inc., Lawrence Park, FCC 64-433, released May 14, 1964), the File No. BPCT-3167; United Artists Pa., Docket No. 16023, File No. BP-14945; “Petition for Reconsideration of Return Broadcasting, Inc., Boston, Mass., Docket requests: 1530 kc, 250 w, D, Class IT; of Application’’, filed on November 13, No. 15324, File No. BPCT-3169; for James D. Brownyard, North East, Pa., 1962, by James D. Brownyard is dis­ construction permit for new television Docket No. 16024, File No. BP-15547; missed as moot. broadcast station. requests: 1530 kc, 1 kw, 250 w (CH), D, It is further ordered, That in view of It is ordered, This 21st day of May Class H; for construction permits. the hearing in a consolidated proceeding 1965, that Charles J. Frederick in lieu At a session of the Federal Communi­ ordered above, the “Petition to Deny” of Sol Schildhause shall serve as presid­ cations Commission held at its offices filed on November 13, 1962, by James D. ing officer in the above-entitled proceed­ in Washington, D.C., on the 19th day of Brownyard, requesting that the Com­ ing, concerning which the hearing is May 1965; mission designate for hearing in a con- scheduled to be convened on June 15, The Commission having under con­ cjlidated proceeding the above-captioned 1965, in the Offices of the Commission, sideration the above-captioned and de­ applications is hereby granted. Washington, D.C. scribed applications; It is further ordered, That in the event Released: May 21,1965. It appearing, that, except as indicated of a grant of either of the above-cap­ by the issues specified below, each of the tioned applications, the construction F ederal C ommunications applicants is legally, technically, finan­ permit shall contain the following con­ C o m m is s io n , cially, and otherwise qualified to con­ dition: Pending a final decision in Docket [ s e a l ] B e n F . W a p l e , struct and operate as proposed; and No. 14419 with respect to pre-sunrise Secretary. It further appearing that tire follow­ operation with daytime facilities, the [F.R. Doc. 65-5562; Filed, May 26, 1965; ing matters are to be considered in con­ present provisions of § 73.87 of the Com­ 8:50 a.m .] nection with the aforementioned issues mission’s rules are not extended to this specified below: authorization, and such operation is [Docket Nos. 16017, 16019; FCC 65M-644] 1. The instant proposals are mutually precluded. exclusive in that operation by the appli­ MISSOURI-ILLINOIS BROADCASTING cants as proposed would result in mu­ It is further ordered, That, to avail CO. AND KGMO RADIO-TELEVI­ themselves of the opportunity to be tually destructive interference. SION, INC. (KGMO) 2. Regarding the application of heard, the applicants herein, pursuant Greater Erie Broadcasting Co., Inc., it to § 1.221(c) of the Commission rules, in Order Scheduling Hearing appears that Lawrence Park, Pa., ad­ person or by attorney, shall, within 20 In re applications of Jerome B. Zimmer joins Erie, Pa. In determining Which days of the mailing of this order, file and Lionel D. Speidel doing business as with the Commission in triplicate, a ’ .Commissioner Lee absent. written appearance stating an intention 1 Commissioner Wadsworth absent. 7126 NOTICES Missouri-Illinois Broadcasting Co., Cape [Docket Nos. 15248,15626; FOC 65M-639] Skelton, Jr., doing business as Holmes Girardeau, Mo., Docket No. 16017, Pile UNITED ARTISTS BROADCASTING, County Broadcasting Co. (WXTN), Lex­ No. BP-15057; for construction permit. ington, Miss., Docket No. 16026, File No. KGMO Radio-Television, Inc. (KGMO), INC., AND OHIO RADIO, INC. BP-16601 ; has: 1150 kc, 500 w, Day, Class Cape Girardeau, Mo., Docket No. 16019, Order Scheduling Hearing III; requests: 1000 kc, 5 kw, Day, Class Pile No. BR-2704; for renewal of license. II; for construction permits. It is ordered, This 21st day of May In re applications of United Artists At a session of the Federal Communi­ 1965, that Thomas H. Donahue shall Broadcasting, Inc., Lorain, Ohio, Docket cations Commission held at its offices in serve as presiding officer in the above- No. 15248, File No. BPCT-3168; Ohio Washington, D.C., on the 19th day of entitled proceeding ; that the hearing Radio, Inc., Lorain, Ohio, Docket No. May 1965; therein is hereby scheduled to commence 15626, Pile No. BPCT-3348; for con­ The Commission having under con­ at 10 a.m., July 20, 1965, at Cape Gi­ struction permit for new television sideration the above-captioned and de­ rardeau, Mo.; and that the initial pre- broadcast station. scribed applications; hearing conference in the proceeding It is ordered, This 21st day of May It appearing, that, except as indicated shall be convened by the presiding officer 1965, that Charles J. Frederick in lieu of by the issues specified below, each of the at 9 a.m., June 15, 1965, in the Offices of Sol Schildhause shall serve as presiding applicants is legally, technically, and the Commission, Washington, D-C.; And, officer in the above-entitled proceeding, otherwise qualified to construct and oper­ it is further ordered, That counsel for concerning which the hearing is sched­ ate as proposed; that Holmes County parties to the proceeding, at the time of uled to be convened on June 15, 1965, in Broadcasting Co. is financially qualified their appearance at the initial prehear­ the Offices of the Commission, Washing­ but that Webster County Broadcasting ing conference, shall be prepared to dis­ ton, D.C. Company may not be financially quali­ cuss to the fullest extent applicable, in Released: May 21, 1965. fied; and light of the governing issues, all of the It further appearing that the following pertinent points enumerated in § 1.251 F ederal C ommunications matters are to be considered in connec­ of the Commission’s rules of practice and C o m m is s io n , tion with the aforementioned issues spec­ procedure. [ s e a l ] ' B e n P . W a p l e , ified below: Secretary. 1. The above proposals are mutually Released: May 21, 1965, [F.R. Doc. 65-5565; Filed, May 26, 1965; exclusive in that concurrent operation F ederal C ommunications 8:50 a m .] would result in prohibited overlap of con­ C o m m is s io n , tours as defined by § 73.37(a) of the Com­ mission’s rules. [ s e a l ] B e n P . W a p l e , [Docket No. 15213; FCC 65M-642] Secretary. 2. Examination of the Webster Coun­ UNITED ARTISTS BROADCASTING, ty application indicates that a total of [F.R. Doc. 65-5563; Filed, May 26, 1966; INC. approximately $16,200 will be needed to 8:50 a.m .] construct the station and to operate it, Order Scheduling Hearing without revenues, for a period of 3 [Docket Nos. 15942,15943; FCC 65M-637] months. This amount is to be financed In re application of United Artists by capital contributions Irom the two DENNIS A. AND WILLARD D. SLEIGH- Broadcasting, Inc., Houston, Tex., Docket equal partners. However, their balance No. 15213, File No. BPCT-3166; for con­ TER (WWDS) AND BEACON BROAD­ struction permit for new television sheets fail to show adequate cash and/ CASTING CONCERN or liquid assets available in sufficient broadcast station. amount to meet their commitments. It is ordered, This 21st day of May Order Regarding Procedural Dates Thus, the Commission cannot now deter­ 1965, that Charles J. Frederick in lieu of mine that they are financially qualified. In re applications of Dennis A. Sleigh- Sol Schildhause shall serve as presiding It further appearing, that, in view of ttr and Willard D. Sleighter (WWDS), officer in the above-entitled proceeding, the foregoing, the Commission is unable Everett, Pa., Docket No. 15942, File No. concerning which the hearing Is sched­ to make the statutory finding that a BP-16325; Kenneth W. Perry trading as uled to be convened on June 15, 1965, in grant of the subject applications would Beacon Broadcasting Concern, Martins- the Offices of the Commission, Washing­ serve the public interest, convenience, burg, Pa., Docket No. 15943, Pile No. BP- ton, D.C. and necessity, and is of the opinion that 16523; for construction permits. Released: May 21, 1965. the applications must be designated for To formalize the agreements and rul­ hearing in a consolidated proceeding on ings made on the record at a prehearing F ederal C ommunications the issues set forth below: conference held on May 20, 1965, in the C o m m is s io n , It is ordered, That, pursuant to section above-entitled matter concerning the [ s e a l ] B e n P . W a p l e , 309(e) of the Communications Act of future conduct of this proceeding; Secretary. 1934, as amended, the applications are It is ordered, This 21st day of May [F.R, Doc. 65-5566; Filed, May 26, 1965; designated for hearing in a consolidated 1965, that: 8:50 a m . ] proceeding, at a time and place to be Preliminary exchange of engineering specified in a subsequent order, upon the exhibits is scheduled for June 18, 1965; [Docket Nos. 16025,16026; FCC 65-446] following issues : Exchange of lay exhibits is scheduled 1. To determine the areas and p o p u ­ for June 22,1965; WEBSTER COUNTY BROADCASTING lations which would receive primary serv­ Pinal exchange of engineering exhibits CO. AND HOLMES COUNTY ice from the proposed operation of Web­ is scheduled for June 24,1965; BROADCASTING CO. (WXTN) ster County Broadcasting Co. and the Notification of witnesses is scheduled availability of other primary service to for June 25, 1965; and Order Designating Applications for such areas and populations. Hearing presently scheduled for June Consolidated Hearing on Stated 2. To determine the areas and p o p u la ­ 10, 1965, is continued to June 29, 1965. Issues tions which may be expected to g a in or lose primary service from the proposed Released: May 21, 1965. In re applications of William E. Hardy operation of Station WXTN and th e F ederal C ommunications and James E. Myers, doing business as availability of other primary service to C o m m is s io n , Webster Comity Broadcasting Co., Eu- such areas and populations. [ se a l ] B e n P. W a p l e , pora, Miss., Docket No. 16025, File No. 3. To determine whether W eb ster Secretary. BP-16372; requests: 1000 kc, 1 kw, Day, County Broadcasting Co. is financially, its [F.R. Doc. 65-5564; Filed, May 26, 1965; Class H ; Marvin L. Mathis, Robin H. qualified to construct and operate 8:50 a.m .] Mathis, Ralph C. Mathis, and John B. proposed station. Thursday, M ay 27, 1965 FEDERAL REGISTER 7127 4. To determine, in the light of section from June 1 to Wednesday, June 2, 1965, proceeding to determine whether the ap­ 307(b) of the Communications Act of in Mobile, Ala., at 10 am . plicant was qualified for an independent 1934, as amended, which of the proposals Released: May 24, 1965. ocean freight forwarder’s license within would better provide a fair, efficient and the meaning of section 44 of the Shipping equitable distribution of radio service. F ederal C ommunications Act, 1916 (46 U.S.C. 821, 841 (b) ). 5. To determine, in the light of the evi­ C o m m is s io n , Subsequent to the institution of this dence adduced pursuant to the foregoing [ s e a l ] B e n F . W a p l e , proceeding, the applicant submitted a issues which, if either, of the applica­ Secretary. divestiture plan that proposed to sever tions should be granted. [F.R. Doc. 65-5568; Filed, May 26, 1965; all relationships, other than that of It is further ordered, That, in the event 8:50 a.m .] freight forwarder-client, with all export­ of a grant of either of the applications ers, shippers, and sellers of shipments to herein, the construction permit shall con­ foreign countries. The divestiture plan tain the following condition: Pending a [Docket Nos, 14208, 14228] was approved by the Commission on final decision in Docket No. 14419 with WMOZ, INC., AND EDWIN H. ESTES March 9, 1965. respect to pre-sunrise operation with On April 2, 1965, Hearing Counsel daytime facilities, the present provisions Notice of Place of Hearing moved for the dismissal of this proceed­ of § 73.87 of the Commission rules are In the matter of WMOZ, Inc., Mobile, ing on grounds that “all present ques­ not extended to this authorization, and Ala., Docket No. 14208, File No. BR-2797; tions pertaining thereto are now moot.” such operation is precluded. for renewal of license of station WMOZ, By letter dated April 29,1965, respond­ It is further ordered, That, to avail Mobile, Ala.[ revocation of license of ent advised the Commission that the di­ themselves of the opportunity to be Edwin H. Estes for standard broadcast vestiture plan as approved by the Com­ heard, the applicants herein, pursuant station WPFA, Pensacola, Fla., Docket mission had been accomplished. to § 1.221(c) of the Commission rules, No. 14228. Now, therefore, it is ordered, That the in person or by attorney, shall, within The hearing on the above-entitled proceeding is hereby discontinued. 20 days of the mailing of this order, file matter presently scheduled for Wednes­ It is further ordered, That a copy of with the Commission in triplicate, a writ­ day, June 2, 1965, will be held at 10 a.m., this order shall be served upon the re­ ten appearance stating an intention to in Room 301, U.S. Court and Custom spondent herein, and that this order be appear on the date fixed for the hearing House, Comer St. Louis and St. Joseph published in the F ederal R e g is t e r . and present evidence on the issues speci­ Streets, Mobile, Ala. fied in this order. By the Commission. It is further ordered, That the appli­ Dated: May 21, 1965. [ s e a l ] T h o m a s L i s i , cants herein shall, pursuant to Section Released: May 24, 1965. Secretary. 311(a)(2) of the Communications Act [F.R. Doc. 65-5548; Filed, May 26, 1965; of 1934, as amended, and § 1.594 of the F ederal C ommunications 8:48 a jn .] Commission’s rules, give notice of the C o m m is s io n , hearing, either individually or, if feasible [ s e a l ] B e n F . W a p l e , and consistent with the rules, jointly, Secretary. AUSTRALIA/U.S. GULF, ATLANTIC, within the time and in the manner pre­ [FJt. Doc. 65—5569; Filed, May 26, 1965; AND GREAT LAKES CONFERENCE scribed in such rule, and shall advise the 8:50 a jn .] Commission of the publication of such Notice of Agreement Filed for notice as required by § 1.594(g) of the Approval rules. Notice is hereby given that the follow­ It is further ordered, That, except FEDERAL MARITIME COMMISSION ing agreement has been filed with the with respect to the application of Web­ [Fact Finding Investigation 6] Commission for approval pursuant to ster County Broadcasting Co., the issues EFFECTS ON FOREIGN COMMERCE section 15 of the Shipping Act, 1916, as in the above-captioned proceeding may amended (39 Stat. 733, 75 Stat. 763, 46 be enlarged by the Examiner, on his own OF UNITED STATES U.S.C. 814). motion or on petition properly filed by Notice of Hearing Interested parties may inspect and ob­ a party to the proceeding, and upon suffi­ tain a copy of the agreement at the cient allegations of fact in support there­ M ay 21, 1965. Washington office of the Federal Mari­ of, by the addition of the following issue: A further hearing in this proceeding time Commission, 1321 H Street NW., To determine whether the funds avail­ will commence at 10 a.m. on June 14, Room 301; or may inspect agreement able to the applicant will give reasonable 1965, in Room 605, 1321 H Street NW., at the offices of the District Managers, assurance that the proposals set forth in Washington, D.C. The hearing will be New York, N.Y., New Orleans, La., and the application will be effectuated. open to the public. San Francisco, Calif. Comments with Released: May 24,1965. reference to an agreement including a R a l p h P . D ic k s o n , request for hearing, if desired, may be F ederal C ommunications Investigative Officer. submitted to the Secretary, Federal C o m m is s io n ,1 [F.R. Doc. 65-5547; Filed, May 26, 1965; Maritime Commission, Washington, D.C., [ se a l] B e n F . W a p l e , 8:48 a.m .] 20573, within 20 days after publication Secretary. of this notice in the F ederal R e g is t e r . [F.R. Doc. 65-5567; Filed, May 26, 1965: [D ocket No. 1202} A copy of any such statement should 8:50 a.m .] also be forwarded to the party filing the MAS INTERNATIONAL CORP. agreement (as indicated hereinafter) [Docket Nos' 14208,14228; FÇC 65M-646] and the comments should indicate that Application for Freight Forwarding this has been done. WMOZ, INC., AND EDWIN H. ESTES License; Discontinuance of Proceed­ Notice of agreement filed for approval ing by: Order Continuing Hearing On June 19, 1964, Mas International Elmer C. Maddy, Esq., Kirlin, Campbell & • !n re application of WMOZ, Inc., Mo­ Corp. (MAS) was notified by the Man­ Keating, 120 Broadway, New York, N.Y., bile, Ala., Docket No. 14208, File No. BR- aging Director that the Commission in­ 10005. 2797; for renewal of license of station tended to deny its application for a li­ Agreement 9450, between MANZ Line WMOZ, Mobile, Ala.; revocation of li­ cense as an independent freight for­ Joint Service (as one member only), cense of Edwin H. Estes for standard warder because of its activities as an ex­ Blue Star Line Ltd., United States Lines broadcast station WPFA, Pensacola, Fla., porter of shipments to foreign countries. Co., A/B Atlanttrafik Columbus Line, Docket No. 14228. The applicant requested the opportunity covers the establishment of a steamship It is ordered, This 21st day of May to show at a hearing that denial of the conference entitled the “Australia/U.S. 1965, that the hearing is rescheduled application would not be warranted. Gulf, Atlantic and Great Lakes Confer­ Therefore, the Commission, by order ence” which will operate in the trade 1 Commissioner Wadsworth absent. dated September 4, 1964, instituted a from the Commonwealth of Australia y'

7128 NOTICES and Pacific Islands to all ports of the ing agreements have been filed with the Leading Forwarders of Rochester, United States of America (excluding Commission for approval pursuant to Inc., Rochester, N.Y______FF-1985 Pacific Coast ports, Alaska, and Hawaii), section 15 of the Shipping Act, 1916, as John A. Steer Co., PhUa., Pa ______FF-1990 Puerto Rico, the Virgin Islands and in­ amended (39 Stat. 733, 75 Stat. 763, 46 Chas. Kurz Co., Philadelphia, Pa., is land points in the United States, under U.S.C. 814). party to the following agreements, the terms and conditions set forth in said Interested parties may inspect and ob­ terms of which are identical. The other agreement. tain a copy of the agreements at the parties are: Dated: May 24,1965. Washington office of the Federal Mari­ Charleston Overseas Forwarders, time Commission, 1321 H Street NW., Inc., Charleston, S.C____.__ .__ FF-1967 By order of the Federal Maritime Room 301. Comments with reference to H. & H. Shipping Co., Inc., New York, Commission. an agreement including a request for N.Y ------FF-2014 T homas Xiisi, hearing, if desired, may be submitted to Reney Forwarding Co., Inc., New Secretary. the Secretary, Federal Maritime Com­ Y ork, N.Y— ______FF-2021 [F.R. Doc. 65-5549; Filed, May 26, 1965; mission, Washington, D.C., 20573, within C. S. Greene & Co., Inc., Chicago, 111., 8:48 a.m.j * 20 days after publication of this notice is party to the following agreements, the in the F ederal R egister. A copy of any terms of which are identical. The other such statement or request for a hearing parties are: NORWEGIAN ASIA LINE AND should also be forwarded to each of the FERN-VILLE LINES parties to the agreement (as indicated Ira Furman & Co., Inc., New York, hereinafter), and the comments should N.Y ______FF-2022 Notice of Agreement Filed for Forwarding Services, Inc., New indicate that this has been done. Y ork, N.Y______FF-2023 Approval Unless otherwise indicated, these agreements are non-exclusive, coopera­ Forwarding and service fees are $.50 for Notice is hereby given that the follow­ passing Shipper’s Export Declaration ing agreement has been filed with the tive working arrangements under which only, additional services such as Tracing, Commission for approval pursuant to the parties may perform freight forward­ Issuing Dock Receipts, etc. as agreed. section 15 of the Shipping Act, 1916, as ing services for each other. Forwarding Forwarding and service fees to non-con- amended (39 Stat. 733, 7S> Stat. 763, 46 and service fees are to be agreed upon sular countries $7.50. Ocean freight U.S.C. 814), on each transaction. Ocean freight brokerage to be divided on the basis of Interested parties may inspect and compensation is to be divided as agreed fifty percent (50 percent) to Ira Fur­ obtain a copy of the agreement at the between the parties. man & Co., Inc. and fifty percent (50 Washington office of the Federal Mari­ percent) to C. S. Greene & Co. The same time Commission, 1321 H Street NW., Pistorino & Co., Inc., Boston, Mass., terms apply to Forwarding Services, Inc. Room 301; or may inspect agreement at Seaboard Forwarding Co., Inc., New Y ork, N.Y.__ ._____ $______FF-1968 Coastal Forwarders, Charleston, S.C., the offices of the District Managers, New Fillette, Green & Co., of Tampa, is party to the following agreements, the York, N.Y., New Orleans, La., and San Tampa, Fla., Gotham Shipping terms of which are identical. The other Francisco, Calif. Comments with refer­ Co., Inc., New York, N.Y______FF-1972 parties are: ence to an agreement including a request C. J. Hanlon Co., Inc., New York, for hearing, if desired, may be submitted N.Y., The Hipage Co., Inc., Nor­ Hudson Shipping Co., Inc., New folk, V a .______FF —1973 York, N.Y— — — ______FF-1986 to the Secretary, Federal Maritime Com­ H. W. Ebert Co., New York, N.Y____FF-2027 mission, Washington, D.C., 20573, within I. C. Harris & Oo., Detroit, Mich., J. S. Lipinski Co., Toledo, Ohio— FF-1976 John H. Faunce, Inc., Philadelphia, 20 days after publication of this notice I. C. Harris & Co., Detroit, Mich., in the F ederal Register. A copy of any W. Helmann, Inc., New York, N.Y_ FF-1987 Pa., is party to the following agreements, such statement should also be forwarded Carmichael Forwarding Service, Los the terms of which are identical. The to the party filing the agreement (as in­ Angeles, Calif., Dunnington & Ar- other parties are: dicated hereinafter) and the comments nold, Inc., New York, N.Y______FF-1993 Mercal International, Inc., New should indicate that this has been done. Triangle Forwarding Corp., New York, N.Y— ___ _ FF-1992 Notice of agreement filed for approval York, N.Y., John V. Carr & Son, W. M. Stone & Co., Inc., Norfolk, by: Inc., Detroit, M ich._— ______FF-1994 Va ______FF-2004 Leyden Shipping Corp., New York, Mr. Arthur G. Smith, Treasurer, Feamley & N.Y j, W all S h ip p in g Co., Inc., B al­ Nordstrom Freighting Corp., New Eger, Inc., 39 Broadway, New York 6, N.Y. tim o re, M d______;____- __;____FF-1995 York, N.Y., is party to the following Baker, Irons & Dockstader, Inc., New agreements, the terms of which are iden­ Agreement 9453, between?« Norwegian York, N.Y., Inter: ational Ship­ Asia Line and Fem-Ville Lines—Fearn- ping Corp., Miami, Fla______L FF-1996 tical. The other parties are: ley & Eger and A, F. Klaveness & Co. A/S, Francesco Parisi Midwest, Inc., Chi­ H. E. Schurig & Co., Houston, Tex— FF-2018 covers the transportation of general cago, 111., F. X. Coughlin Co., De­ Bevon International, Inc., Charles­ cargo on through bills of lading from troit, M ich-— —______FF-1997 ton, S.C______FF-2026 loading ports of Norwegian Asia Line in Wilfred Schade & Co., Inc., Newport Sabah and Sarawak to ports of call of News, Va., Trans-World Shipping Paul Sustek Co., Phila., Pa., is party Fem-Ville Lines—-Feamley & Eger and Service, Inc., Toledo, Ohio_____ FF-1998 to the following agreements, the terms of A. F. Klaveness & Co. A/S on Canadian Heidi’s, Inc., New York, N.Y., Air- which are identical. The other parties Sea Forwarders, Inc., Los Angeles, are: and United States Pacific Coast with C a lif ______F F —2000 transhipment at Hong Kong, under Dumont Shipping Co., Inc., New United Forwarders Service, Inc., terms and conditions set forth in said York, N.Y., Morris Friedman & Co., New York, N.Y— , ______FF-2008 agreement. Philadelphia, Pa ______.__FF-2001 Almac Shipping Co., Inc., New John S. James, Savannah, Ga., ¿¿York, N.Y— —______FF-2025 Dated: May 21,1965. Schaefer & Krebs, Inc., New York, N.Y — ______FF-2003 Express Forwarding & Storage Co., By order of the Federal Maritime Markland Thakar, New York, N.Y., Inc., New York, N.Y., is party to the fol­ Commission. The F. H. Shallus Co., Baltimore, lowing agreements, the terms of which F rancis C. Hurney, M d _ _ .______F F —2012 are identical. The other parties are: Hudson Shipping Co., Inc., New Special Assistant T. J. Hanson, Inc., Beaumont, York, N.Y., Albury & Co., Miami, T e x ______FF-1980 to the Secretary. Fla —2—______FF—2019 Charleston Overseas Forwarding, [F.R. Doc. 65-5550; Filed, May 26, 1965; R. F. Downing & Co., Inc., New York, Inc., Charleston, S.C— — ------FF-1989 8:48 a.m .J N.Y., Carson M. Simon & Co., Phila., Pa ___• ______FF—2032 Cavalier Shipping Co., Inc., Nor- J. B. Wood Shipping Co,,. Inc., New folk, Va__— — — — — — FF"1991 Stone Forwarding Co., Inc., Corpus PI STO RI NO & CO,, INC., ET AL. York, N.Y., Stone & Downer Co., Boston,. Mass______FF-2040 Christi, Tex. (Also Galveston & t Houston, Tex.).,.-*— ------fe------F F - 1 9 9 9 Notice of Agreements Filed for F. L. Kraentier & Co., New York, N.Y., Geo. S. Bush & Co., Inc., Portland, Approval is party to the following agreements, the Oreg— — _____— — _____ — - FF-2030 Notice is hereby given that the follow­ terms of which are identical. The other Argus Shipping Co., Inc., New York, ing freight forwarder cooperative work- parties are: N.Y., is party to the following agree- Thursday, M ay 27, 1965 FEDERAL REGISTER 7129 ments, the terms of which are identical. This division of brokerage will be re­ amended (39 Stat. 733, 75 Stat. 763, 46 T he other parties are: stricted to those shipments handled on U.S.C. 814). Wilfred Scbade & Co., Inc., Newport behalf of each other. Where only pa­ Interested parties may inspect and News, V a______« FF-2002 pers are presented on behalf of another obtain a copy of the agreement at the Paul Sustek Co., Philadelphia, Pa__ FF-2007 forwarder, no brokerage will be divided. Washington office of the Federal Mari­ William H. Masson, Inc., Baltimore, Forwarding and service fees are subject time Commission, 1321 H Street NW., M d ------!— _____ FF—2011 to negotiatioh on each transaction. Room 301; or may inspect agreements at Coastal Forwarders, Charleston, Agreement FF-1981 between Atlas S.C ______F F —2020 the offices of the District Managers, New General Foreign Freight Forward­ Forwarding Co„ Inc., New York, N.Y., York, N.Y., New Orleans, La., and San ers, Norfolk, Va______FF-2024 and Charleston Overseas Forwarders, Francisco, Calif. Comments with refer­ Inc., Charleston, S.C., is a cooperative ence to an agreement including a request Gallagher & Ascher Co., Chicago, HI., working arrangement whereunder com­ for hearing, if desired, may be submitted is party to the following agreements, the pensation received from ocean carriers to the Secretary, Federal Maritime Com­ terms of which are identical. Ther other in the form of freight brokerage shall mission, Washington, D.C., 20573, within parties are: not be shared by the parties. All com­ 20 days after publication of this notice H. W. Ebert Co., New York, N.Y____ FF-2028 pensation of this nature will be received in the F ederal R e g is t e r . A copy of any W. J. Byrnes & Co., San Francisco, only by Atlas Forwarding Co., Inc. For­ such statement should also be forwarded C a l i f ______F F —2029 warding and service fees are subject to to the party filing the agreement (as Inge & Co., Inc., New York, N.Y___ FF-2042 negotiation on each transaction. indicated hereinafter) and the comments Dumont Shipping Co., Inc., New Sunshine Forwarders, Inc,, Jackson­ should indicate that this has been done. York, N.Y_.______._____-._____FF-1984 ville, Fla., is party to the following agree­ Notice of agreement filed for approval Skyline Shipping Corp., New York, ments, the terms of which are identical. by: N.Y., is party to the following agree­ The other parties are: Mr. Elmer C. Maddy, Kirlin, Campbell, and ments, the terms of which are identical. Frederic Henjes, Jr., Inc., New York, Keating, 120 Broadway, New York, N.Y., The other parties are: N.Y___ ------_____!_____ F F —2015 10005. Dumont Shipping Co., Inc., New Coastal Forwarders, Charleston, Agreement 9449, between Cargo Car­ S.C FF-2009 Y ork, N.Y____|§ |______FF-2016 Norton & Ellis, Inc./Norfolk, Va___FF-2010 riers Ltd. and Furness, Withy & Co., Ltd. Forwarding and service fees are to be operating cargo services between U.S. Morris Friedman & Co., Philadel­ as follows: phia, P a _____j______FF—2017 Atlantic and Gulf ports and Bermuda, J. G. R. Williams, Inc., New Or­ Bermuda and Nassau.______j____$2. 50 provides that the parties will confer and leans, L a______.______F F —2031 All other countries: discuss with each other the rates, To pass completed declarations_____ 1. 25 Maron Shipping Agency, Inc., New charges, classifications, and related tariff To pass completed bills of lading___ 1.25 matters to be charged or observed by York, N.Y., 'is party to the following To prepare or complete and pass ex­ agreements, the terms of which are iden­ port declarations______2.50 them in the above trade in order to pro­ tical. The other parties are: To prepare or complete and pass bills mote the commerce and stability of such o f la d in g ______2. 50 trade in accordance with the terms and General Foreign Freight Forward­ Preparation of Consul documents. _ 5. 00 conditions set forth in the agreement. ers, Norfolk, Va__ .______FF-2005 Consular documents (at cost). George W. Wise, Jr., Savannah, Ga__ FF-2006 Telephone calls, teletypes or tele­ Dated: May 24,1965. Silvey Shipping Co., Inc., New York, grams (at cost). By order of the Federal Maritime Com­ N.Y., is party to the following agree­ Ocean freight brokerage is to be di­ mission. vided equally on a 50/50 basis be­ ments, the terms of which are identical. T h o m a s L i s i , The other parties are: tween both parties. Secretary. Seaway Forwarding Co., Cleveland, N o t ic e o f A g r e e m e n t s S u b je c t to [F.R. Doc. 65-5552; Filed, May 26, 1965; O h i o ______i______F F —2033 C ancellation 8:49 a.m .] Gerry Sehm itt & Co., Detroit, Mich. FF-2034 Notice is hereby given that the follow­ Stevens Shipping Co., Savannah, Ga ------F F —2035 ing independent ocean freight forwarder Waters Shipping Co., Wilmington, cooperative working agreements ap­ N.C ______F F —2036 proved by the Commission pursuant to FEDERAL POWER COMMISSION Fillette, Green & Co. of Tampa, section 15 of the Shipping Act, 1916, as [Docket No. CP65—364] Tampa, Fla______FF-2037 amended (39 Stat. 733, 75 Stat. 763, 46 Albury & Co., Miami, Fla__.______F F-2038 U.S.C. 814) are scheduled for cancella­ CITY OF PIKEVILLE, TENN. The Cottman Co., Baltimore, Md___FF-2039 tion inasmuch as in accordance with the Notice of Application International Expediters, Inc., New terms therein the parties to the agree­ York, N.Y., is party to the following ments have requested in writing that'' M a y 20, 1965. agreements, the terms which are identi­ the agreements be terminated. Take notice that on May 14, 1965, the cal. The other parties are: Coastal Forwarders, Charleston, city of Pikeville, Tenn. (Applicant), filed S.C., Major Forwarding Co., Inc., in Docket No. CP65-364 an application Joseph ; K. Ebberwein, Savannah, New York, N.Y______FF-263 pursuant to section 7(a) of the Natural G a ------F F —1969 Heidi’s, New York, N.Y., John L. Gas Act for an order of the Commission J. R. Michels, Inc., Brownsville, W estland & Son, Inc., Los Angeles, directing East Tennessee Natural Gas Tex ...... — ------______F F —1970 C alif------_-______F #-849 William R. Neal, Port Huron, Mich_ FF-1971 Co. (East Tennessee), to sell to Appli­ A. L. Rankin, Corpus Christi, Tex__ FF-1974 Dated: May 24, 1965. cant its third year peak-day require­ Ralph Vails, Corpus Christi, Tex___F F-1975 ments of 605 Mcf per day of natural gas Palmetto Shipping Co., Charleston, T h o m a s L i s i , and to deliver such gas to the city of S c F F —1977 Secretary. Dunlap, Tenn., for Applicant's account, John s. Connor, Inc., Baltimore, [F.R. Doc. 65-5551; Filed, May 26, 1965; all as more fully set forth in the applica­ _ M d ------F F —1978 8:49 a.m .] universal Transcontinental Corp., tion on file with the Commission and New Y ork, N.Y______FF-1979 open to public inspection. Pred E. Gignoux, Inc., Portland, The application states that the lateral M aine — FF-1988U.S. ATLANTIC AND GULF PORTS/ line of the city of Dunlap was constructed Hasler & Co., Newport News, Va____FF-2041 BERMUDA RATE AGREEMENT pursuant to the order of the Commission issued on May 6, 1965, in Docket No. Agreement FP-2013 between Peter A. Notice of Agreement Filed for . CP65-212. Applicant and Dunlap have Bernacki, Inc., Philadelphia, Pa., and Approval entered into an arrangement under Manhattan Shipping Co., New York, N.Y., Notice is hereby given that the fol­ which Dunlap will transport gas from ls a cooperative working arrangemènt lowing agreement-has been filed with the the connection between it and East Ten­ thereunder ocean freight brokerage is to Commission for approval pursuant to nessee and deliver the gas to Applicant ce divided between the parties as agreed. section 15 of the Shipping Act, 1916, as at a point on the north side of Dunlap. No. 102—P t. I-----6 7130 NOTICES

Dunlap will charge $500 per year for this sion, Washington, D.C., 20426, in accord­ interconnection of the systems of Mid­ transportation service. ance with the rules of practice and pro­ western and Applicant near Marshfield, Applicant proposes to serve all poten­ cedure (18 CFR 1.8 or 1.10) and the reg­ Wis., and to redeliver equivalent volumes tial customers north of the delivery ulations under the Natural Gas Act to Trans-Canada Pipe Lines Ltd. (Trans- point, including those within Applicant’s (157.10) on or before June 18,1965. / Canada) ,. at points on the international city limits. Take further notice that, pursuant to boundary near Sault Ste. Marie and Sar­ Applicant proposes to construct ap­ the authority contained in and subject to nia, Ontario. The proposal is comple­ proximately 20 miles of intermediate the jurisdiction conferred upon the Fed­ mentary to that set forth by Midwestern pressure mains and approximately 12 eral Power Commission by sections 7 and in its applications filed with the Commis­ miles of low-pressure distribution mains. 15 of the Natural Gas Act and the Com­ sion in Docket Nos. CP65-349, CP65-350, The total cost of the proposed distribu­ mission’s rules of practice and procedure, and CP65-351. Midwestern proposes to tion system is estimated to be $315,000, a hearing will be held without further import natural gas from Trans-Canada which is to be financed from the sale of notice before the Commission on this ap­ from a point on the international bound­ gas revenue bonds. - plication if no protest or petition to in­ ary near Emerson, Manitoba, and trans­ Applicant anticipates the annual and tervene is filed within the time required port the gas to the interconnection with peak-day requirements of natural gas herein, and the Commission on its own Applicant near Marshfield, Wis. The for the first 3 years of operations to be review of the matter finds that a grant proposals by Applicant and Midwestern as follows: of the certificate is required by the public allegedly are competitive and mutually convenience and necessity. If a protest exclusive with the project proposed by First Second Third or petition for leave to intervene is timely Great Lakes Transportation Co., in its year year year filed, or if the Commission on its own applications filed with the Commission motion believes that a formal hearing is in Docket Nos. CP65-171, CP65-172, and 49,368 61,685 74,661 required, further notice of such hearing CP65-173. '303 453 605 will be duly given. Specifically, Applicant requests au­ Under the procedure herein provided thorization to construct and operate the Protests or petitions to intervene may for, unless otherwise advised, it will be following facilities: be filed with the Federal Power Com­ unnecessary for Applicant to appear or (a) 217.4 miles of 30-inch loop line in mission, Washington, D.C., 20426, in ac­ be represented at the hearing. Wisconsin, Illinois, and Michigan; cordance with the rules of practice and (b) 55.5 miles of 26-inch loop line in J o s e p h H. G tjtrid e, procedure (18 CFR 1.8 or 1.10) on or Secretary. Wisconsin; before June 18, 1965. (c) 168.0 miles of 30-inch line and [F.R. Doc. 65-5516; Filed, May 26, 1965; 228.0 miles of 10-inch line in Michigan; J o s e p h H. G u t r id e , 8 :46 a.m .] (d) 100,850 horsepower at three new Secretary. and seven existing compressor stations [F.R. Doc. 65-5515; Filed, May 26, 1965; [Docket Nos. CP65-357—CP65—359 ] in Wisconsin, Michigan, and Indiana. 8:46 a.m .] Applicant proposes to construct the MICHIGAN WISCONSIN PIPE LINE CO. facilities over a 4-year period and esti­ [Docket No. CP65-360] mates the cost to be $79,600,000, which Notice of Applications is to be financed through the sale of INTERSTATE POWER CO. M a y 20,1965. $40,000,000 principal amount of bonds, $8,000,000 of common stock and the bal­ Notice of Application Take notice that on May 12, 1965, Michigan Wisconsin Pipe Line Co. (Ap­ ance in short-term bank loans. M a y 19,1965. plicant), 1 Woodward Avenue, Detroit, Protests or petitions to intervene may Take notice that on May 14, 1965, Mich., 48226, filed in Docket No. CP65- be filed with the Federal Power Commis­ Interstate Power Co. (Applicant), 1000 358 an application pursuant to section 3 sion, Washington, D.C., 20426, in accord­ Main Street, Dubuque, Iowa, 52003, filed of the Natural Gas Act requesting an ance with the rules of practice and pro­ in Docket No. CP65-360 an application order of the Commission authorizing Ap­ cedure (18 CFR 1,8 or 1.10) and the regu­ pursuant to section 7(c) of the Natural plicant to export natural gas from the lations under the Natural Gas Act Gas Act for a certificate of public con­ United States to the Dominion of Canada (157.10) on or before June 17, 1965. venience and necessity authorizing the (Canada) . On the same date Applicant Take further notice that, pursuant to construction and operation of a natural filed in Docket No. CP65-357 an applica­ the authority contained in and subject gas pipeline extending from a point near tion pursuant to section 7(c) of the Nat­ to the jurisdiction conferred upon the Hooppole, 111., to the Rock River near ural Gas Act for a certificate of public Federal Power Commission by sections Prophetstown, 111., and a river crossing, convenience and necessity authorizing 7 and 15 of the Natural Gas Act and the all as more fully set forth in the applica­ the construction and operation of fa­ Commission’s rules of practice and pro­ tion which is on file with the Commission cilities for the interstate transportation cedure, a hearing will be held without and open to public inspection. of natural gas in the States of Wisconsin, further notice before the Commission on Applicant proposes to construct and Illinois, Indiana, and Michigan. Appli­ this application if no protest or petition operate approximately 10.0 miles of 12- cant filed a third application, on the to intervene is filed within the time re­ inch pipeline from Hooppole to the Rock same day, in Docket No. CP65-359 for a quired herein, and the Commission on River and 1.5 miles of 8-inch pipeline permit pursuant to Executive Order No. its own. review of the matter finds that a fiver crossing. H ie stated reason for the 1048§, dated September 3,1953, authoriz­ grant of the certificate is required by the ing the construction, operation, mainte­ public convenience and necessity. If & proposal is to provide for Applicant’s nor­ protest or petition for leave to intervene mal system growth. Applicant states nance, and connection of facilities at that with only current facilities it will the international boundary between the is timely filed, or if the Commission on United States and Canada for the expor­ its own motion believes that a formal not have any reserve pipeline system hearing is required, further notice of capacity available to provide normal sys­ tation of natural gas to Canada. The tem load growth past the current heat­ proposal involved is more fully set forth such hearing will be duly given. ing season. in the applications submitted in the Under the procedure herein provided Applicant states that the estimated above-docket numbers, and these appli­ for, unless otherwise advised, it will be cost of construction of the proposed facil­ cations are on file with the Commission unnecessary for Applicant to appear or ities is $423,350, which is to be financed and open to public inspection. be represented at the hearing. The applications incorporate a pro­ from a portion of the funds to be raised J o s e p h H. G u tr id e, from the sale of common and preferred posal by Applicant to receive up to 600.4 Secretary. stock and first mortgage bonds. million cubic feet per day of natural gas Protests or petitions to intervene may from Midwestern Gas Transmission Co. [F.R. Doc. 65-5517; Filed, May 26, 1965> be filed with the Federal Power Commis­ (Midwestern), at the existing point of 8:46 a.m .] Thursday, M ay 27, 1965 FEDERAL REGISTER 7131

[Docket No, Q-3912, etc.] Docket No. and Applicant Purchaser, field and location Price Pressure ASHLAND OIL & REFINING CO. ET AL. date filed per Mcf base Notice of Applications for Certificates, G-3912______Ashland Oil & Refining Co., Post .Cities Service Gas Co., Hugoton (9 Abandonment of Service and Peti­ D 5-6-65 Office Box 1503, Houston, Tex., Field, Grant County, Kans. 77001. tions To Amend Certificates 1 G-9544...... CRA, Inc. .(successor to Roy R. Tennessee Gas Transmission Co., a 16.16947 14.65 E 5-12-65 Gardner), Post Office Box 7305, North Tidehaven Field, Mata­ M ay 18,1965. Kansas City, Mo., 64116. gorda County, Tex. G-9720...... Jenkins and-. Archer, partnership Kentucky-West Virginia Gas Co., 15.0 14.6 Take notice that each of the Applicants E 5-3-65 (successor to Oliver Jenkins,- Middle Creek Field, Floyd Coun­ listed herein has filed an application or Trustee), c/o Margaret J. Wells, ty, Ky. petition pursuant to Section 7 of the agent, Box 869, Paintsville, Ky. Gr-11159...... Transcontinental Gas Pipe Line Assigned Natural Gas Act for authorization to sell D 5-6-65 Rd., Palatine, 111.’, 60067. Corp., Gueydon Field, Vermilion natural gas in interstate commerce or to Parish, La. G-11564__...... Pan American Petroleum Corp., Northern Natural Gas Co., Prentice 10.0 14.65 abandon service heretofore authorized as E 10-2-61 Operator (successor to Honolulu Gasoline Plant, Yoakum County, described herein, all as more fully de­ Oil Corp. (Operator), et al.)y Post Tex. scribed in the respective applications and Office Box69Î, Tulsa, Okla., 74102. G-14950---____ Gulf Oil Corp., Post Office Box 1589, Transwestem Pipeline Co., Waha 16.0 14.65 amendments which are on file with the G 5-28-62 Tulsa, Okla., 74Ï02, and Worsham Fields, Reeves Commission and open to public inspec­ County, Tex. C160-645______CRA, Inc. (successor to Cyprus Oil Tennessee Gas Transmission Co., 20.0 16.025 tion. ~ E 4-19-65 Co., et al.), Post Office Box 7305, Grosse Isle Field, Vermilion Par­ Protests or petitions to intervene may Kansas City, Mo., 64116. ish, La. C161-1273.____ Tenneoo Oil Co., Post Office Box , United Gas Pipe Line Co., Bethany (*) be filed with the Federal Power Commis­ D 5-3-65 2511, Houston. Tex., 77001 (partial Field, Panola County, Tex. sion, Washington, D.C., 20426, in accord­ abandonment). C162-3254_____ Rutter and Co., Ltd., et al. (suc­ El Paso Natural Gas Co., Spraberry 17.2296 14.65, ance with the rules of practice and pro­ E 5-4-65 cessor to Bartessa Oil Corp.), 500 Trend Field, Reagan County, cedure (18 CFR 1.8 or 1.10) on or before North Big Spring, Midland, Tex. Tex. June 9,1965. 0163-1040___ _ R. J. Caraway (Operator), ét al., Arkansas Louisiana Gas Co., Man- 12.99828 14.65 C 5-7-65 Mercantile Bank Bldg., Dallas, ziel Field, Wood County, Tex. Take further notice that, pursuant to TôX; the authority contained in and subject CJ65-703...... Mill Creek Gas & Oil Co.8,517 Main Pennsylvania Gas Co.; Barnes 27.0 15.025 A 1-14-65 * St., Clarion, Pa., 16214. Field, Sheffield Township, Warren to the jurisdiction conferred upon the 3-18-66 » County, Pa. Federal Power Commission by sections C165-1152 8...... Frank H, Walsh (successor to Shell Kansas-Nebraska Natural Gas Co., 4.0 16.4 F 4-26-65 Oil Co.), Post Office Box 30, Inc., Elm Grove and Key Fields, 7 and 15 of the Natural Gas Act and the 5-10-65 1» Sterling, Colo. Logan County, Colo. Commission's rules of practice and pro­ CI65-Ì154-...... CRA, Inc. (successor to W. A. Florida Gas Transmission Co., 17.5 14.65 F 5-3-65 Pruett, et al.), Post Office Box 5 Jones Creek Field, Wharton cedure, a hearing will be held without 7305, Kansas City, Mo., 64116. County, Tex. further notice before the Commission on CI65-1171...... 0. P, Leonard and The Fort Worth El Paso Natural Gas Co., Ignacio- 1113.0 15.025 all applications in which no protest or F 5-6-65 National Bank, Trustee (successor BlanCo Field, La Plata County, to J. M. Leonard), c/o Charles B. Colo. petition to intervene is filed within the Harris, attorney Thompson, time required herein, if the Commission Walker, Smith, and Shannon, 1915 Continental National Bank on it own review of the matter believes Bldg., Fort Worth, Tex., 76l02. that a grant of the certificates or the CI65-1172__ Kerr-McGee Oil Industries, Inez, Mountain Fuel Supply Co., Federal 15.0 15.025 A 5-7-65 Rerr-McGee Bldg.; Oklahoma Four Mile Creek Unit, Moffat authorization for the proposed abandon­ City, Okla., 73102. County, Colo. ment is required by the public conven­ CI65-1173...... Walter Stegmeir, Post Office Box Cumberland Natural Gas Co., 15.0 15.025 ience and necessity. Where a protest A 5-7-65 642, NashviUe, Tenu. Norton ville Field, Hopkins County, Ky. or petition for leave to intervene is timely CI65-1174...... Sinclair Oil & Gas Co. (Operator), Lone Star Gas Co., Ralph R. Fort 15.0 14.65 filed, or where the Commission on its A 5-7-65 et al., Post Office Box 521, Tulsa, t Unit, Stephens County, Okla. Okla., 74102. own motion believes that a formal hear­ CI65-1175...... James H. Holland, Operator (suc­ United Gas Pipe Line Co., South 14.0 14.65 ing is required, further notice of such F 5-7-65 cessor to Sun Oil Co. and Sunraÿ Weesatche Field, Goliad County,- DX Oil Co.), 2111 Alamo National , Tex. hearing will be duly given: Provided, Bldg., San Antonio, Tex., 78205. however, that pursuant to § 2.56, Part 2, CI65-1176--___ Maxwell Herring Drilling Corp., Lone Star Gas Co., Henderson Field. 16.56 14.65 x I A 5-7-65 Operator 619 Citizens First Na^ Rusk County, Tex. Statement of General Policy and Inter­ tional Bank Bldg., Tyler, Tex. pretations, Chapter I of Title 18 of the CI65-1177.. Sinclair Oil & Gas Co., Post Office United Gas Pipe Line Co., Lisbon Depleted Code of Federal Regulations, as amended, B 5-3-65 Box521, Tulsa, Okla., 74102. Field, Claiborne Parish, La. CI65-1178...___ Calvin Michelsori, c/o Frank Kinnie, Almos Gas Gathering Co., Silva 10.5 14.65 all permanent certificates of public con­ A 5-7-65 Esq., Post Office Box 6027, San South West Field, Bee County, venience and necessity granting applica­ Antonio, Tex., 78209. Tex. CI65-1179...... ___ do______Almos Gas Gathering Co., Silva 10.5 14.65 tions, filed after April 15, 1965, without A 5-7-65 South West Field, Live Oak further notice, will contain a condition , County, Tex. CI65-1180___... Western Oil Development Co., c/o Almos Gas Gathering Co., Lenke 12.0 14.65 precluding any filing of an increased rate A 5-7-65 Frank Kinnie, Esq:, Post Office Field, Bee County, Tex. - - at a price in excess of that designated for Box 6027, San Antonio, Tex,, the particular area of production for the 78209. CI65-1182 » ...... Frank H. Walsh (successor to Shell Kansas-Nebraska Natural Gas Co.. 4.0 16.4 period prescribed therein unless at the F 5-5-65 Oil Co. J, Post Office.Box 30, Ster­ Inc., Yenter Field, Logan County! time of filing such certificate application, 5-10-65 18 ling, Colo. Colo. CI65-1183...... Edmund J. Ford, Jr. and Harry W. Valley Gas Transmission, Inc., Bell <“> or within the time fixed herein for the B 5-11-65 Hamilton, 1617 Wilson Tower, Field,-Live Oak County, Tex. Corpus Christi, Tex. filing of protests or petitions to intervene CI65-1184_____ Sherman A, Wengard, 1044 Stanford El Paso Natural Gas Co., Huerfano 12.0 15.025 the Applicant indicates in writing that A 5-10-65 Dr., NE., Albuquerque, N. Mex. - Dakota Unit, San Juan County, N. Mex. it is unwilling to accept such a condition.- CI65-1185...... Continental Oil Co. (successor to Florida, Gas 'transmission Co., H 17.5 14.65 In the event Applicant is unwilling to F 5-10-65 Delhi-Taylor Oil Corp.), Post McGill Ranch Field, Kenedy Office Box 2197, Houston, Tex., County, Tex. accept such condition the application 77001. will be set for formal hearing. CI65-1186- ...... Frio Production Co., c/o Frank Almos Gas Gathering Co., East 11.0 14.65 A 5-10-65 Kinnie, Esq., Post Office Box Tynan Field, Bee County, Tex. Under the procedure herein provided 6027, San Antonio, Tex., 78209. C165-1187...... Russak Oil Co., c/o Frank Kinnie, Almos Gas Gathering Co., Cornelius 10.5 14.65 for, unless otherwise advised, it will be A 5-10-65 Esq., Post Office Box 6027, Sari Field, Live Oak County, Tex. unnecessary for Applicants to appear or Antonio, Tex., 78209. CI05-1188...... Chambers & Kennedy, e/o Frank Almos Gas Gathering Co., Linke 11.0 14.65 be represented at the hearing. A 5-10-65 Kinnie, Esq., Post Office Box Field, Bee County, Tex. 6027, San Antonio, Tex., 78209. J o s e p h H . G u t r id e , Filing code: A- •Initial service. Secretary. B- ■Abandonment. C- ■Amendment to add acreage. D- -Amendment to delete acreage. 1This notice does not provide for consoli­ E - •Succession, dation for hearing of the several matters F- •Partial succession. covered herein, nor should it be so construed. See footnotes at end of table. 7132 NOTICES It is ordered, That: Docket No. Price Per Pres­ Pfahler’s I.C.C. Order No. 186 be, and and Date Filed Applicant Purchaser, Field uid Location Mcf sure Base it is hereby, amended by substituting the following paragraph (g) for paragraph CI65-1189...... Sunray DX Oil Co., Post Office Box Arkansas Louisiana Gas Co., Arpelar 15.0 14.65 (g) thereof: A 5-10-65 2039, Tulsa, Okla., 74102. Field, Pittsburg County, Okla. 065-1190...... Continental Oil Co., Post Offiee Box Michigan Wisconsin Pipe Line Co., 19.5 14.66 (g) Expiration date: This order shall A 5-10-65 2197, Houston, Tex., 77001. Woodward Area, Woodward expire at 11:59 p.m., June 1,1965, unless County, Okla. CI65-1191...... Barbara Oil Co., 33 South Clark St., Cities Service Gas Co., Rhodes ('*) otherwise modified, changed, suspended B 4-12-65 Chicago, 111., 60603. Field, Barber County, Kans. or annulled. 0166-1192...... MAPCO Production Co., 800 Oil Mississippi River Transmission 15.0 14.65 A 5-11-65 Center Bldg., Tulsa, Okla., 74119. Corp., Woodlawn Field, Harrison It isjurther ordered, That this amend­ County, Tex. CI65-1193...... Texas Gas Exploration Corp., 1111 Texas Gas Transmission Corp., 15.0 15.025 ment shall become effective at 11:59 p.m„ A 5-12-65 First City National Bank Bldg., Midland Field, Muhlenberg May 21, 1965, and that this order shall Houston, Tex., 77052. County, Ky. CI65-1194 Engeo Oil & Gas Co., Operator, c/o Engeo Gathering Co., Midway Depleted- be served upon the Association of Amer­ B 5-11-65 Bradford Ross, Esq., Ross, Marsh, Field, San Patricio County, Tex. ican Railroads, Car Service Division, as and Foster, 726 Î5th St. NW., agent of all railroads subscribing to the Washington, D.C.,20005. CI65-1195...... Burdette Graham, Operator, c/o East White Point Gathering Co., Depleted. car service and per diem agreement un­ B 6-11-65 Bradford Ross, Esq., Ross, Marsh, Midway Field, San Patricio der the terms of that agreement, and by and Foster, 725 15th St. NW., County, Tex. Washington, D.C., 20005. filing it with the Director, Office of the CI65-1196...... Joseph E. Seagram & Sons, Inc., Michigan Wisconsin Pipe Line Co., 19.5 14.65 Federal Register. A 5-12-65 dba Texas Pacific Oil Co.,1* SE Dacoma and Dacoma Fields, Post Office Box 747, Dallas, Tex., Woods and Alfalfa Counties, Okla. Issued at Washington, D.C., May 21, 75221. 1965. I n t e r s t a t e C ommerce « Purchaser has not taken the contracted annual minimum volume of gas from Seller and has elected not to pay for the deficiency, and Seller has exercised its right to remove a portion of the subject acreage from dedication Under C o m m is s io n , contract. R. D. P f a h l e r , i Rate in effect subject to refund in Docket No. G-17363. Agent. * Abandons service insofar as Midyett Gulley and Marvin Gulley No. 2 wells, from which all economic production [FH. Doc. 65-5542; Filed, May 26, 1965; ♦ Application erroneously assigned Docket No. CI65-1165 and noticed as a partial succession May 11,1965 in Docket 8:47 a jn .] Nos. G-5077, et al. • Rate in effect subject to refund in Docket No. RI62-187. * Application previously noticed Jan. 25, 1965, in Docket Nos. G-3609, et al. at rates of 32.0 cents and 28.0 cents per Mcf at 14.73 p.s.i.a. [Ex Parte 241] i Amendment to application filed to reflect a total initial rate of 27.0 cents per Mcf in lieu of the original proposed INVESTIGATION OF ADEQUACY OF < By letter dated May 5,1965, applicant agreed to accept permanent certificate at 27.0 cents per Mcf at 15.025 p.s.i.a. • Application previously noticed May 11,1965, in Docket Nos. G-5077, et al. at a total initial price of 7.0 cents per RAILROAD FREIGHT CAR OWNER­ Mcf. i« Amendment to application filed to reflect a total initial price of 4.0 cents per Mcf in lieu of the original proposed SHIP, CAR UTILIZATION, DISTRIBU­ price of 7.0 cents per Mcf. 11 Rate of 14.0 cents per Mcf presently being collected subject to refund in Docket No. RI65-33. TION, RULES AND PRACTICES 12 Application erroneously noticed as a complete succession in Docket No. G-6077 on May 11,1965, and at a total initial price of 7.0 cents per Mcf. Amended Service List w Amendment to application filed to reflect a total initial price of 4.0 cents per Mcf in lieu of the original price of 7.0 cents per Mcf. The order herein dated March 24,1965, n Production ceased due to encroachment of salt water. contained in appendix showing identities i* Gas wells were drowned out as a result of a water flood program. i* Applicant states its willingness to accept permanent certificate conditioned at a total initial price of 15.0 cents of all persons upon whom service of the per Mcf. verified statements and other pleadings [F.R. Doc. 65-5466; Filed, May 26,1965; 8:45 am .] must be served. The order also provided that any respondent not listed and desir­ ing to be listed in that appendix should covered hopper cars, in carloads, from notify the Secretary to that effect prior INTERSTATE COMMERCE Baton Rouge and North Baton Rouge, to May 3, 1965. Several respondents La., to Asheville and Skyland, N.C. have indicated their wish to be added to COMMISSION Grounds for relief—Market competi­ the service list. Set forth below is an tion. FOURTH SECTION APPLICATIONS amended consolidated service list which Tariff—Supplement 58 to Southern contains the names of all persons upon FOR RELIEF Freight Association, agent, tariff I.C.C. whom service of verified statements and M ay 24, 1965. S-397. other pleadings must be served. Protests to the granting of an applica­ FSA No. 39799—Rosin sizing to Zee, It is ordered, That a copy of this order tion must be prepared in accordance with La. Filed by O. W. South, Jr., agent (No. be served upon each respondent; upon Rule 1.40 of the general rules of practice A4693), for interested rail carriers. each person listed in the attached service (49 CFR 1.40) and filed within 15 days Rates on liquid rosin sizing, in tank car­ list; and upon the Public Utility Commis­ loads, from Shamrock, Flai, to Zee, La. sions or Boards or similar regulatory from the date of publication of this Grounds for relief—Market competi­ notice in the F ederal R e g is t e r . bodies of each State; that a copy be tion. posted in the office of the Secretary of L o n g - and-S h o r t H aul Tariff—Supplement 10 to Southern this Commission; and that a copy be de­ FSA No. 39797—Liquid caustic soda Freight Association, agent, tariff I.C.C. livered to the Director, Division of Fed­ and liqtiefied chlorine gas to Georgetown, S-475. eral Register, for publication in the F ed­ S.C. Filed by O. W. South, Jr., agent By the Commission. eral R e g is t e r . (No. A4691>, for interested rail carriers. Dated at Washington, D C., this 17th Rates on liquid caustic soda, in tank car­ [ s e a l ] B e r t h a F . A r m e s , loads, and liquefied chlorine gas, in tank Acting Secretary. day of May A.D. 1965. carloads, in single carloads or straight or [FH. Doc. 65-5541; Filed, May 26, 1965; By the Commission, Commissioner mixed multiple carload shipments of not 8:47 a m .] Murphy. less than eight tank carloads, from Salt- [ s e a l ] B er th a F . A r m e s, ville, Va„ to Georgetown, S.C. [Rev. S .0 .562; Pfahler’s I.C.C. Order No. 186, Acting Secretary. Grounds for relief—Market competi­ A rndt. 1] tion. Amended Service List Tariff—Supplement 7 to Southern RAILROADS SERVING ILLINOIS NAM ES AND ADDRESSES OF PERSONS REPRESENT­ Freight Association, agent, tariff I.C.C. ET AL. ING RESPONDENTS S-517. John C. Ashton, Jr., General Attorney, St. Rerouting or Diversion of Traffic Louis-San Francisco Railway Co., 906 Olive FSA No. 39798—Soda ash to Asheville S tre e t, S t. L ouis 1, Mo. and Skyland, N.C. Filed by O. W. South, Upon further consideration of Pfahl­ James A. Bistline, General Solicitor^ Soutn- Jr., agent (No. A4692)\ for interested rail er’s I.C.C. Order No. 186 and good cause em Railway System. Box 1808, Washing­ carriers. Rates on soda ash, in bulk in appearing therefor: ton 13, D.C. Thursday, M ay 27, 1965 FEDERAL REGISTER 7133

Richard R. Bongartz, General Attorney, The Rowland Posey, Solicitor, Western Maryland James G. Manning, Transportation Manager, Pennsylvania Railroad Co., 1138 Transpor­ Railway Co., 300 St. Paul Place, Baltimore, Western Wood Products Association, 700 tation Center, 6 Penn Center Plaza, Phil­ Md.. 21202. Yeon Building, Portland, Oreg., 97204. adelphia, Pa., 19104. Leo Pou, General Solicitor, Gulf, Mobile & William M. Moloney, Association of American S. R. Brittingham, Jr., The A.T, & S.F. Rail­ Ohio Railroad Co., Post Office Box 881, Railroads, Transportation Building, Wash­ way Co., 80 East Jackson Boulevard, Mobile, Ala., 36601. ington, D.C., 20006. Chicago, 111., 60604. Earl F. Requa, Vice President and General Herman F. Mueller, Attorney, Bureau of In­ Robert D. Brooks, General Solicitor, 466 Counsel, Northern Pacific Railway Co., 1018 quiry and Compliance, Washington, D.C. Lexington Avenue, New York, N.Y., 10017. Northern Pacific Building, St. Paul, Afinn., W. C. Newman, Director of Traffic, Minne­ Charles W. Burkett, General Solicitor, South­ 55101; apolis Grain Exchange Traffic, 104 Grain . ern Pacific Co., San Francisco, Calif., Albert B. Russ, Jr., Attorney, Law Depart­ Exchange Building, Minneapolis, Minn., 94105. ment, Atlantic Coast Line Railroad Co., 500 55415. J. T. Clark, General Attorney, Law Depart- Water Street, Jacksonville, Fla. Donald G. Olson, Western Paper Traffic Con­ . ment, Erie Lackawanna Railroad Co., Mid­ T. J. Slattery, Assistant General Counsel, ference, Post Office Box 600, Lewiston, land Building, Cleveland, Ohio, 44115. Great Northern Railway Co., 175 East Id ah o . Charles H. Clay, General Attorney, Soo Line Fourth Street, St. Paul, Minn., 55101. W. H. Ott, General Transportation M anager,. Railroad Co., 804 Soo Line Building, Min-, Richard D. Stokes, General Attorney, The Kraft Foods, Division of National Dairy neapolis, Minn., 55440. Long Island Railroad Co., Jamaica Station, Products Corp., 500 Peshtigo Court, Chi­ James I. Collier, Jr,, General Counsel, Hie Jam aica, N.Y., 11435. cago, 111., 60690. American Short Line Railroad Association, Elmer B. Trousdale, Attorney, Great Northern Allen K. Penttila, Evans Products Co., 1121 2000 M a ssach u setts A venue NW., W ash in g ­ Railway Co., 175 East Fourth Street, St. Southwest Salmon Street, Portland, Oreg., ton, D.C., 20036. Paul, Minn., 55101. 97208. Clifford T. Coomes, Assistant General Solic­ E. L. Van Dellen, Vice President and General Warren Price, Jr., Attorney, 1000 Vermont' itor, Louisville & Nashville Railroad Co., Counsel, The Western Pacific Railroad Co., Avenue NW., W ashington 5, D.C. 908 West Broadway, Louisville, Ky„ 40201. 526 Mission Street, San Francisco, Calif., National Coal Association, Attention: Myles John C. Danielson, General Attorney, Chi-- 94105. E. Robinson, Director, Economics and cago & North Western Railway Co., 400 Granville Whittlesey, Jr., Donovan, Leisures, Transportation, Washington, D.C., 20036. West Madison Street, Chicago 6, 111. Newton, and Irvine, 2 Wall Street, New James Er Singleton, Director of Transporta-; William E. Davis, Vice President and General York, N.Y., 10005. tion, Public Utilities Commission of Ore­ Counsel, The Kansas City Southern Rail­ R. W. Yost, General Attorney, 210 North 13th gon, Room 206, Public Service Building, way Co., 114 West 11th Street, Kansas City, Street, St. Louis, Mo., 63103. Salem, Oreg., 97310. Mo., 64105. J, C. Mixon, President-General Manager, William B. Thomas, Jr., Assistant to Traffic Samuel P. Delisi, Delisi, Wick, and Vuono, Atlanta & West Point Railroad Co., et al., Manager, Gifford Hill & Co., Inc., Post 1515 Park Building, Pittsburgh, Pa., 15222. Atlanta, Ga., 30303. Office Box 683, Dallas, Tex. Kemper A. Dobbins, General Attorney, Law J. N. Zarves, Assistant to Vice President NAMES AND ADDRESSES OF INTERESTED PARTIES Department, Norfolk & Western Railway Transportation, Continental Grain Co., 2 Co., 8 North Jefferson Street, Roanoke, Va., John M. Cleary, Pope, Ballard, and Loos, Broadway, New York, N.Y., 10004. 24011. Brawner Building, W ashington, D.C., 20006. J. H. Durkin, General Solicitor, 646 Chicago Avery M. Cloninger, National Association of [F.R. Doc. 65—5543; Filed., May 26, 1965; Road, Chicago Heights, 111. Shippers Advisory Boards, 522 Fifth Ave­ 8:47 a.m .] Frank S. Farrell, General Solicitor, Northern nue, New York, N.Y., 10036. Pacific Railway Co., 1018 Northern Pacific Wilton C. Cole, Georgia-Pacific Corporation, [Notice 1180] Building, St. Paul, Minn., 55101. Post Office Box 311, Portland, Oreg. James A. Gillen, General Attorney and Com­ Noel Coleman, Acting Secretary, Public MOTOR CARRIER TRANSFER merce Counsel, 547 West Jackson Boule­ Utilties Commission—State of California, PROCEEDINGS vard, Chicago, 111., 60606. California State Building, San Francisco, J. W. Grady, General Commerce Counsel, The Calif., 94102. May 24, 1965. . N.Y., N.H. & H. R ailro ad Co. (R ich ard John F. Donelan, Pope, Ballard, and Loos, Synopses of orders entered pursuant to Joyce Smith, William J. Kirk, and Harry Brawner Building, 888 17th Street NW., section 212(b) of the Interstate Com­ W. Dorigan, Trustees), New Haven, Conn. W ashington, D.C., 20006. merce Act, and rules and regulations pre­ John W. Hanifin, Assistant General Counsel, Gerald D. Finney, Association of American The Chesapeake & Ohio Railway Co., 3100 Railroads, Transportation Building, Wash-, scribed thereunder (49 CFR Part 179), Terminal Tower, Cleveland, Ohio, 44101. ington, D.C., 20006. appear below: H. D. Koontz, General Attorney, Illinois Cen­ Charles F. Forge, Attorney and Assistant As provided in the Commission’s spe­ tral Railroad, 135 East 11th Place, Ghicago, General Transportation Manager, Morton cial rules of practice any interested per­ 111., 60605. Salt Co., 110 North Wacker Drive, Chicago, son may file a petition seeking recon­ Eldon Martin, Vice President and General 111., 60606. sideration of the following numbered Counsel, 547 West Jackson Boulevard, Chi­ Patsy Fortinberry, Attorney, Bureau of In­ proceedings within 20 days from the date cago, HI., 60606. quiry and Compliance, Washington, D.C. of publication of this notice. Pursuant M. E. Mayes, Assistant Comptroller, Norfolk Byron M. Gray, Gray, Freidberg, and Davis, to section 17(8) of the Interstate Com­ & Western Railway Co., Pittsburgh, Pa. Suite 700 KPL Tower, Topeka, Kans. merce Act, the filing of such a petition F. J. Melia, Vice President and Western Gen­ Donald A. Haakenson, Chief, Service and will postpone the effective date of the; eral Counsel, Union Pacific Railroad Co., Investigation, Public Utilities Commission 1416 D odge S tre e t, O m aha, N ebr., 68102. of Oregon, Room 206, Public Service Build­ order in that proceeding pending its dis­ Thormund A. Miller, General Attorney, ing, Salem, Oreg., 97310. position. The matters relied upon by Southern Pacific Co., 205 Transportation Jonel C. Hill, Public Utilities Commission of petitioners must be specified in their Building, W ashington, D.C., 20006. Oregon, Room 206, Public Service Building, petitions with particularity. P- C. Mullen, 646 Chicago Road, Chicago Salem, Oreg., 97301. No. MC-FC-67631. By order of May Heights, 111. E. W. Hilton, Jr., Transportation Manager, 21, 1965, the Transfer Board approved, Joseph J. Nagle, General Attorney and Com­ American Plywood Association, 1119 A on reconsideration, the transfer to merce Counsel, Chicago, Milwaukee, St. Street, Tacoma, Wash., 98401. Brooklyn Waverly Auto Express Co., Inc., Paul & Pacific Railroad Co., 888 Union A. K. Hinckle, Western Paper Traffic Confer­ Brooklyn, N.Y., of a portion of the op­ Station, Chicago 6, 111. ence, Potlatch Forests, Inc., Post Office Box erating rights in Certificate No. MC- Carl E. Newton, Donovan, Leisure, Newton, 600, Lewiston, Idaho. 30766, issued March 21, 1942, to Alco and Irvine, 2 Wall Street, New York, N.Y., R. F. Hogan, Transportation Manager, War­ Motor Trucking Corp., New York, N.Y., 10005. ner Co., 1721 Arch Street, Philadelphia 3, George M. Onken, General Counsel, Long Pa. authorizing the transportation, over ir­ Island Railroad Co., Jamaica Station, Dwight L. Koerber, The Coal Traffic Bureau, regular routes, of: Paper and paper Jamaica, N.Y., 11435. 1011 Oliver Building, Pittsburgh, Pa., products, between points in the New Ernest Porter, General Attorney and Com­ 15222. York, N.Y., commercial zone, as defined merce Counsel, The Denver & Rio Grande L. D. Mangan, Manager, Freight Rates, by the Commission, on the one hand, Western Railroad Co., Post Office Box 5482, Northwestern Steel & Wire Co., Sterling, and,' on the other, points in specified Denver, Colo., 80217. 111...... counties in New Jersey. George A. 7134 NOTICES Olsen, 69 Tonnele Avenue, Jersey City, nesota, Missouri, Ohio, and Wisconsin, [Notice 1180-A] N.J., representative for transferor. and of sand, In bags, from points in La MOTOR CARRIER TRANSFER Herman B. J. Weckstein, 1060 Broad Salle County, 111., to points in Iowa, Mis­ Street, Newark, N.J., 07102, attorney for souri, Ohio, Indiana, and Wisconsin. PROCEEDINGS trftn sfcrcc Joseph M. Scanlan, 111 West Washing­ M ay 24,1965. No. MC-FC-67751. By order of May ton, Chicago 2, IH., attorney for appli­ Synopses of orders entered pursuant 21, 1965, the Transfer Board, on Recon­ cants. to section 212(b) of the Interstate Com­ sideration, approved the transfer to No. MC-FC-67796. By order of May merce Act, and rules and regulations Warren Delivery Service, Inc., Union, 21, 1965, the Transfer Board approved prescribed thereunder (49 CFR Part 179), N.J., of the operating rights in Certifi­ the transfer to Fred C. Wight, Inc., appear below: J cate No. MC-105822 (Sub-No. 1) issued Alexandria, Va., of the operating rights As provided in the Commission’s spe­ October 26,1948, in the name of Charles in Permit No. MC-20427, issued July 11, cial rules of practice any interested per­ N. Ged and Joseph C. Homey, a partner­ 1941, to J. Vernon Smith, Arlington, Va., son may file a petition seeking recon­ ship, doing business as G&H Motor authorizing the transportation, over ir­ sideration of the following numbered Transportation Co., Paterson, N.J., ap­ regular routes, of concrete products, from proceedings within 20 days from the date proved for transfer to Kay-Len Trans., Alexandria, Va., to Washington, D.C., of publication of this notice. Pursuant to Inc., Paterson, N.J., by order of the Com­ and points in Maryland within 75 miles section 17(8) of the Interstate Com­ mission, the Transfer Board entered De­ of Washington. Ronald E. Madsen, merce Act, the filing of such a petition cember 16, 1964, in the proceeding No. Southern Building, Washington 5, D.C., will postpone the effective date of the MC-FC-67407, authorizing the trans­ attorney for applicants. order in that proceeding pending its dis­ portation, over irregular routes, of: Gen­ No. MC-FC-67810. By order of May position. The matters relied upon by eral commodities, with the usual excep­ 20, 1965, the Transfer Board approved petitioners must be specified in their pe­ tions, , between points and places in the transfer to Harold L. Fisher, doing titions with particularity. Essex, Union, Morris, Passaic, Bergen, business as Fisher’s Moving & Storage, No. MC-FC-67881. By order of May Monmouth, and Middlesex Counties, Blytheville, Ark., of the certificate in No. 24, 1965, the Transfer Board approved N.J., on the one hand, and, on the other, MC-79531, issued June 5,1961, to Gladys the transfer to Norman C. Clemmer and New York, N.Y., and tile and tile prod­ Montague, doing business as Jonesboro Earl Mininger, a partnership, doing busi­ ucts between points and places in Hudson Transfer & Storage Co., Jonesboro, Ark., ness as Clemmer Moving & Storage, and Essex Counties, N.J. George A. authorizing the transportation of: Souderton, Pa., of Certificate No. MC- Olsen, 69 Tonnele Avenue, Jersey City, Household goods, between Jonesboro, 119121 issued March 7, 1960, to Norman N.J., 07306, practitioner for applicants. Ark., and points in Arkansas within 50 H. Clemmer, Souderton, Pa., authorizing No. MC-FC-67763. By order of May miles of Jonesboro, on the one hand, and, the transportation of household goods, 21, 1965, the Transfer Board approved on the other, points in Alabama, Ten­ over irregular routes, between Souderton, the transfer to Wedron Transport Co., nessee, Illinois, Iowa, Kansas, Mississippi, Pa., and points in Pennsylvania within a corporation, Chicago, 111., of the Missouri, Oklahoma, and those specified 10 miles of Souderton, on the one hand, operating rights in Permits Nos. MC- in Kentucky, Louisiana, and Texas. and, on the other, points in New Jersey 95212 (Sub-No. 28) and MC-95212 (Sub- Louis Tarlowski, 914 Pyramid Life Build­ and New York. Irwin S. Rubin, 17 No. 32), issued May 5, 1959, and April 2, ing, Little Rock, Ark., attorney for Washington Avenue, Souderton, Pa., 1962, respectively, to Helen R. Hender­ applicants. attorney for applicants. son, doing business as H. R. Henderson, Seneca, 111., authorizing the transporta­ [ se a l] B e r t h a F . A r m e s , [ se a l ] B er t h a F . A r m es, tion, over irregular routes, of sand, in Acting Secretary. Acting Secretary. bulk, from Wedron, 111., to points in [F.R. Doc. 65-8544; Filed, May 26, 1965; [F.R. Doc. 65-5545; Filed, May 26, 1966; Indiana, Kentucky, Michigan, Iowa, Min­ 8:48 a.m .] 8:48 a.m .] Thursday, M ay 27, 1965 FEDERAL REGISTER 7135

CUMULATIVE LIST OF CFR PARTS AFFECTED— MAY

The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published to date during May.

3 CFR Page 7 CFR—Continued Page 12 CFR P age P roclamations: 362___ 6857 12______6160 1713 (superseded in part by 707— ______:_____ 6246 204— ______.___ 6339 Proc. 3656) ______6571 717______— ___ £ 6144 206—______6731 3172 (superseded by Proc. 719— ______6511, 6975 543______7037 3655)______6467 722______£'ii______6712 561______6517, 6915 3399 (superseded by Proc. 724— _____:___ „ ____ 6144, 6146, 6207 563______7039 3655)______6467 728______i______7097 P r o po sed R u l e s : 3655 ______— ______6467 842— ____ 6338 261—______6275 3656 _____ ;______6571 862______6247 262______— _ 6275 3657 ______:___ 6835 863 ____ 6248 563______6544 E x ec u tiv e O r d e r : 864 _ 6248 Apr. 19, 1892 (revoked in part 905______6638, 6770 13 CFR by PLO 3656)______6437 908____ 6148, 6429, 6681, 6771, 6939, 7037 121______6778 March 23, 1912 (revoked in 909______6430 part by PLO 3659)___ 7101 910—______— — 6148, 14 CFR June 13, 1925 (revoked in part 6430, 6479, 6681, 6712, 6939, 6975 39______;_____ —______6150, by PLO 3658)____ —_____ 7101 917— — ______J ____ 6903-6905 6431, 6577, 6639, 6640, 6837, 6940, 823 (see EO 11220)______6425 918____ — ______6431, 6858 6976, 7098. 10530 (revoked in part by EO 944—— — __ 6638 61_------—______6577 11222) ______._ 6469 959— ______7037 71— ______6150, 10784 (superseded by 965— — — ______6338 6215, 6241, 6384-6387, 6478, 6577- EO 11223)______1:____ _ 6635 970—— — — ___ 6479 6579, 6640-6642, 6682, 6765, 6838, 10845 (superseded by 989— ___ .______6905 6914, 6915, 6940, 6977, 6978, 7098, EO 11223)_____ 6635 1002_;___ __ —______6639 7099. 10939 (revoked by EO 11222) __ 6469 1008—______— ______6975 73------6242, 6387, 6388, 6978, 7100 11071 (superseded in part by 1138___ i______— _____ 6573 75______6150, EO 11224)______6679 1421— ______6338, 6511, 6681 6241, 6242, 6432, 6642, 6915, 7099, 11125 (revoked by EO 11222) __ 6469 1425______6907, 70377100. 11126 (amended by EO 11221) _ 6427 1434______7097 7 7 „ — ------_— 6713 11219— — ____ 6381 1468______6383 91— ______6388 11220 ______6425 1472______r__ * 6383 95______:______6766 11221 _____ 6427 1475______6909 97—------— _____ 6151, 6329, 6714, 6839 11222 _ 6469 1483______6771,99.---- 6976— ...... — — 6242 11223— ______6635 1485— ______6910 121— ____ —— — — ;___ 6432, 6725 11224______— 6679 1487— ______% 6639 127_;-----\ ------_____—_ 6432 11225______;______7093 1488------— ______6249 P r o po se d R u l e s : P residential D o c u m e n t s O t h e r 1602—______6859 1______6921 T h a n P roclamations and E x e c u - P r o po sed R u l e s : 39------6188, 6274 t iv e O r d e r s : 28------6255 67_____ —;______6188 Memorandum of July 20, 1961 31______6350 71------6189, (revoked by EO 11222)____ 6469 33______6782 6225, 6397,6399,6400,6402,6443, Memorandum of May 2, 1963 51______6658 6588, 6589, 6735, 6736, 6793-6795, (revoked by EO 11222)___ 6469 70_____ 6395 6872, 6922-6924, 6984-6986, 7045, Reorganization Plan No. 1 of 777 ______6686 7110-7112. 1965______7035 778 ______7043 73— ...... 6402, 6444, 6736 Determination of May 22, Ch. IX______6355, 6438, 6523, 6917 75------6443, 6924, 7112 1965______7095 905______6983 91------6541, 6921 4 CFR 930______6255 129------6541 993— ______a._____ 6782 399______6650 52...... ___;______6429 1004______6947 5 CFR 1008______6659 15 CFR 213------6215, 1040____ 6163 201------_:____ 6748 6241, 6337, 6478, 6637, 6765, 6857, 1042____ 6163 16 CFR 6903, 6939, 6975. 1097______6534 332______6337 1102______6534 P r o po se d R u l e s : 591------6511 1108______6534 303______6275 6 CFR 1138______6538 17 CFR 73______6573 8 CFR 18 ______6941 7 CFR 214______6479, 6940240— ______6642 28______6637 231— ______6776 18 CFR 29-______6573 251______6776 157______6518 51------6711 332a— ______6940 54— ------6207 336_____ 6940 19 CFR 55------6141, 6207 499______6940 10______6149 56 ______6207 9 CFR P r o po se d ^ R u l e s : 58— _____ 6637 318—______,______6731 Ch. I______7108 70______6207 P r o po sed R u l e s : 13______6686 81______6207 201______6360 210------6207, 6479 20 CFR 3°1------6243, 62453770 TO CFR 601 6941 354______6429 30...... 6575 604. 7039 7136 FEDERAL REGISTER

21 CFR P age 32 CFR—Continued Page 41 CFR—Continued Pas* 121______-____ 6215, 163______6161 9-6------;------6519 6339, 6389, 6433, 6477, 6478, 6579, 175______6682 9-7------6519 6643, 6732, 6837, 6915. 180-______—_ 6682 9-8------6585 130______Sp-,___ M,______M- 6979 516______M ______jg__ E 6341 9-9------6684 133______&_____—______ä£u 6475 815 ——_____M____ g _ J| $ 6343 9-54------_i------___ 6684 141a______g — ____ 6979, 7040 882—______Jt____ g— 6343 101-5------6684 101-44---- 6649 141e__ %____ M____ É___ -_____ß- 6980 33 CFR Page 144______) 6389 42 CFR 146a______6979,7040 80______:__ 6433 146e______6980 82______6434 57------6944 148______s**- 7041 86______*___ 6434 P r o po se d R u l e s : 148p______— 6980 95.______'^__i______6434 73------6795 P r o po se d R u l e s : 135 —______——___ g 6434 43 CFR 203__ Z__ — ___ f t __ =— 6161, 6388 8____Ä_i______6490, 6733-6735 P u b l ic L and O r d e r s : 121_Æ__ g .-i* ___ m___ 6588, 6689 204__4- ______i ____ 6643 3638______6585 125— ______„ 1 6984 205—.^L———— ¿g 6644 3655 ______6392 141a______6795 207____ \______6161, 6644 401______6580 3656 ______x______6437 24 CFR 3657 _____ 6586 36 CFR 3658 ______7101 203___— ______6982 3659 ______7101 220 ______7102 2______6682 7______6861 3660 ______7101 25 CFR 211____ :___ _w—_ 6345 45 CFR 131______—______6579 261__ y>______6982 130______6393 221 _ 7101 311—1______6161 P r o po se d R u l e s : 502______6482 46 CFR 1__—__ i__¿___ 6438 P r o po se d R u l e s : 2 5 „ ______6517 221____ ,______6523 7______7108 137__„__ 6713 37 CFR 528______— 7102 26 CFR 536______7138 1______*______6216,6340, 6480 i ______6391,6644 170______: 6769 3— ______Í______— ___ 6644 47 CFR 250______—______6217 P r o po sed R u l e s : 0 ______6250, 6778 P r o po se d R u l e s : 2______6687 1 ______6778,6780 1______6222, 6349, 6486, 6488 4______6687 2______6219, 6388,7102,7105 31______6222 38 CFR 15______6250 301______6222 25______6862 1 ______6435 73______6251, 6519, 6520, 6869,7106 29 CFR 2 ______6392 83______- _____ 6778 50______._____ —____ 6249 3______6649 87 ______7105 14____ — _J__ 6392 604______6218 P r o po se d R u l e s : 606______6218 39 CFR 2 ______6226 690______6482 4______6436 15 ______6541,6689 P r o po se d R u l e s : 36_i—.—— — 6436 73l______6274, 657__ —______——______- 6224 37—— —__ 6436 6275, 6543, 6590, 6651, 6947, 7113 697_.______L______6225 6436 1501 __ .____ — 1______| 6397 43______— 49 CFR 1502 _ 6397 41 CFR i ______6485 1503 ______- _____ 6397 1-3— ______6581 95______6220 97______6394 4- 2 _ ^ ___ — ___ 6943 6162 32 CFR 4-3— ______6943 141______1 6965 4-5______— ___ 6943 50 CFR 2 6967 4- 16______6944 2« __ ___ 6587 3 _ 6967 5- 60______—______6837 23 “ ______7106 5 6968 ___ 7041 7 6968 8-1______33——I———I——"6344, 6521, 6587,6871 9 ______r 6968 8- 19— ------___ 7041 60-______- ______6149 6483,6519 P r o po se d R u l e s : 1 3 - ____——- ___ - ______6973 9- 1______------QO 15______6973 9-3______6683 102______- ______6942 9-4______6519 26o:::::::::zzi:zzz:i” r— 7042 FEDERAL REGISTER VOLUME 30 • NUMBER 102 Thursday, May 27, 1965 • Washington, D.C. PART II if Federal Maritime Commission

Filing of Tariffs by Common Carriers by Water in the Foreign Commerce of the United States and by Conferences of Such Carriers

No. 102—pt. n — 1 7138 RULES AND REGULATIONS by the Department of Economics and Objection: Enormous and prohibitive costs Title 46— SHIPPING Social Affairs of the United Nations. are involved which would have to be borne Such commodity code numbers would en­ by subscribers. Chapter IV— Federal Maritime Reply: Carriers and conferences are re­ able the Commission to undertake a sys­ quired by law to file their tariffs with the Commission tem of Automatic Data Processing of Commission. No part of this cost should be SUBCHAPTER B— REGULATIONS AFFECTING MAR­ freight rates. The results of the study passed on to subscribers. Tariffs will be ITIME CARRIERS AND RELATED ACTIVITIES indicated that it would not be possible enlarged to some extent by the requirements for the Commission to code freight rates of the rules but the Commission doubts if [Docket No. 964; General Order 13] applicable to commodities moving in the the enlargement will be as great as that envisioned by carriers and conferences. PART 536— FILING OF TARIFFS BY foreign commerce of the United States O bjection: Overly verbose tariffs will result COMMON CARRIERS BY WATER IN without a requirement in the tariff rules from the rules requirements. THE FOREIGN COMMERCE OF THE that freight rates be filed in a uniform Reply: The rules were not constructed to manner on forms prescribed by the Com­ create wordage. The rules were constructed UNITED STATES AND BY CONFER­ mission .and that the aforementioned to provide for statutory requirements, Com­ ENCES OF SUCH CARRIERS commodity code numbers be shown mission requirements, to see that tariffs are alongside the commodity descriptions in clear and unambiguous, implicit, uniform, Section 18(b) of the Shipping Act, and of benefit to users and subscribers. A 1916, requires every common carrier by the tariff. There would be no manda­ tariff complete in all respects need not be water in foreign commerce and every tory requirement that commodity de­ verbose. conference of such carriers to file with scriptions published in tariffs would have Objection: Contract and noncontract rates the Federal Maritime Commission, and to conform to descriptions published in should not be required to be shown on each keep open to public inspection, tariffs the S.I.T.C. Carriers and conferences r a te page. showing all the rates and charges of such could continue to publish commodity Reply: Reference to mathematical formu­ descriptions currently in use. Adher­ las, various rate charts, etc., to obtain a rate carrier or conference for transportation would completely frustrate the Commission’s to and from United States ports and for­ ence to the rate forms prescribed, -q and efforts to timely place codified information eign ports between points on its own the use of commodity code numbers into a machine system. Further the Com­ route and on any through route which is would enable the Commission to build mission believes that tariff users and sub­ established. It is further required that and establish an internal commodity scribers are entitled to see a published rate such tariffs shall plainly show the places coding file which would lend itself to an rather than resort to mathematical compu­ between which freight will be carried, Automatic Data Processing system of tation or thum b through a tariff looking for and shall contain the classification of freight rates. the companion rate where contract systems The Commission must undertake stud­ are employed. freight in force, and shall also state sep­ Objection: Ports should not be required arately such terminal or other charge, ies of and analyses of freight rates appli­ to be shown on each page. privilege, or facility under the control of cable to commodities moving in the for­ Reply: This should present no difficulty to the carrier or conference which is eign commerce of the United States in any carrier or conference. Many carriers granted or allowed, and any rules or reg­ the performance of its statutory respon­ now show such information on each rate ulations which in anywise change, affect, sibilities. It must be in a position to re­ page including some of the carriers and or determine any part or the aggregate trieve freight rates and information re­ conferences objecting to the requirement. lated thereto as promptly as possible For codification and machine purposes the of such aforesaid rates, or charges, and Commission would need such information shall include specimens of any bill of from the tariff files. An Automatic Data without resorting to various pages where the lading, contract of affreightment, or Processing system would permit the information might be published. other document evidencing the transpor­ Commission to expeditiously carry out Objection: Rate basis should not be re­ tation agreement. Copies of such tariffs its statutory mandates. quired to be shown on each page. shall be made available to any person, ~ On April 21, 1964, there was published Reply: This requirement will be beneficial and a reasonable charge may be made in the F ederal R e g ist e r a notice stating to all tariff users and subscribers and even that the Commission was considering a to carriers and conferences. Additionally therefor. the rate basis m ust appear on each page for On December 23, 1961, proposed tariff codification requirement and a further internal Commission purposes in codifying filing rules governing the form and man­ requirement that carriers and confer­ and m achining rates efficiently. ner of filing tariffs by common carriers ences would have to adhere to a specific Objection: No requirement should restrict by water in the foreign commerce of the format in the filing of rate pages. Com­ left-hand page supplements. United States and conferences of such ments of interested parties concerning Reply: With but few exceptions left-hand supplements are not used. Permissive sup­ carriers were published in. the F ederal this proposal were invited and reviewed. The written comments concerning this plementing would destroy uniformity of R e g is t e r . The comments received which tariffs, tends to be confusing, and would pre­ were generally critical that the rules were proposal were divided into two categories. sent difficulty to all concerned in a codified too complicated and in many ways not Category I relates to the objections system . properly adapted to the practical prob­ raised concerning the prescribed forms Objection: Rules will require complete lems of common carriers by water oper­ and the other technical requirements. revision of tariffs. ating in the United States foreign trade Category n relates to objections raised Reply: Any useful rules issued by the Com­ mission would require complete revision of were carefully reviewed and, to the ex­ concerning codification of tariffs through tariffs. This appears to be a comment for tent possible under the Commission’s au­ the use of commodity numbers published the sake of commenting. thority, the rules were simplified, revised in the Standard''' International Trade Objection: New revisions revoke sub silen- and republished in the F ederal R e g ist e r Classification. tio concessions previously granted. on May 4, 1963, again as proposed rules. Reply: The Commission does not agree. The comments .received after the publi­ Category I Concessions are still to be gained by car­ riers and conferences. The format require­ cation of the revision were generally re­ Objection: Blanket uniformity does not petitive of those Comments received after consider characteristics of various trades. ment is not a complete revocation of pre­ the initial publication. Some suggested Reply: The characteristics of the various viously granted concessions. changes involving language and techni­ trades are not so unique that standardized Category II cal requirements have been accepted and requirements would create severe problems. are reflected in the final rules. In ad­ The Commission has taken into account all Carriers, conferences and an independent trades in considering the rules. ita processing corporation (employed by dition, while the comments received after Objection: Complexity creates confusion. >rtain conferences) all commented on the the second publication were under re­ Too much information required on one page. se of the Standard International Trade view, the Commission undertook a study Reply: Other than commodity code num­ lassification both generally and specificai y to determine the feasibility of requiring bers, the Commission will not require that ith reference to unsuitability, inconsist- carriers and conferences to publish in much additional information be shown on icy, ambiguity, inadequacy, impracticabil- their tariffs, on forms specified in the tariff pages. y, lack of equivalency of definitions, and Objection: Repetition increases chance of □acceptability as a standard to which ocean rules, commodity code numbers as indi­ erro r. eight tariffs could conform. The Commis- cated in the commodity indexes of the Reply: The Commission cannot see how on does not believe that the Standar Standard International Trade Classifica­ the rules are the cause of repetition. There international Trade Classification is such a _____ i v—v o n 4* llfifi I Or tion, Revised, Volumes 1 and 2, published are no repetitive requirements. Thursday, May 27, 1965 FEDERAL REGISTER 7139 codification purposes. The Commission Is iffs or completely reissued tariffs would a tariff, for the common carriers who are prepared to work closely with carriers and have to meet the format requirements of members of the approved conference. conferences in any area in which a problem the rules after July 1 and up to Janu­ (d) Local rates. The term “local might arise. However, recognizing that some problems would be present under any ary 1, 1966. Tariff amendments may rates” means rates or charges for trans­ circumstance regardless of the code em­ continue to be made in the same format portations over the route of an individual ployed, and further to relieve carriers of the used in a tariff lawfully filed prior to water carrier (or participating carrier burden of selecting code numbers and to in­ July 1 but only up to January 1,1966. in conference tariffs) which is not con­ sure uniformity from the beginning, the These rules are not applicable to cargo ditioned upon any prior or subsequent Commission has decided that it will now loaded and carried in bulk without mark movement of the cargo, or the point of assume the burden and responsibility of or count, nor to cargo which is lumber. origin or ultimate destination thereof. coding all initial filings. (End of Category As used here, “the term ‘lumber’ means (e) Class rate. The term “class rate” II.) lumber not further manufactured than means rates applicable to all articles The rules have again been revised. passing lengthwise through a standard which have been grouped according to The Commission has changed the format planing machine and crosscut to length, class ratings set forth in a classification requirements of rate pages, and certain logs, poles, piling, and ties, including tariff or a classification section of a rules now give carriers and conferences such articles preservatively treated, or commodity tariff. an option in respect to the manner in bored, or framed, but not including ply­ (f) Proportional rates. The term which rates may be filed, e.g., contract wood or finished articles knocked down “proportional rates” means rates or and noncontract rates may be shown or setup.” 77Stat. 129. charges for water transportation which along side each other rather than one A common carrier by water in foreign are conditioned upon a prior or subse­ over the other, class rates need not be commerce may comply with the tariff quent (movement of the cargo, or upon filed as required by the Commission’s filing requirements of section 18(b) of the point of origin or ultimate destina­ prior proposal, carriers and conferences the Shipping Act, 1916, and with these tion thereof. may increase or decrease the width of rules, by filing its own individual tariffs, (g) Commodity rates. The term certain required columns on rate pages, or by participating in a conference tariff “commodity rates” means rates applying permanent filings need not be made in filed pursuant to authorization contained on a commodity or on commodities spe­ instances in which temporary filings in an agreement approved by the Com­ cifically named or described in the tariff have been rejected, and partial rejection mission pursuant to section 15 of the in which the rate or rates are published. of a tariff filing in lieu of complete re­ Shipping Act, 1916. (h) Open rate. The term “open rate” jection have all been incorporated in the Therefore, pursuant to the authority of applies when a conference relinquishes rules. These considerations were all re­ section 4 of the Administrative Proce­ or suspends rate making authority, in quested by carriers and conferences. dure Act (5 U.S.CL 1003) and sections 14b, whole or in part, over a specified com­ It has been indicated that coding will 18(b), and 43 of the Shipping Act, 1916 modity or commodities, thereby permit­ be done within the Commission. How­ (46 U.S.C. 813a, 817(b), and 841a), 46 ting each individual carrier member of ever, a carrier or conference will be per­ CFR is hereby amended by the addition the conference to fix its own rates on mitted to assign code numbers upon of a new Part 536 as follows: such commodity or commodities. request and with written approval of the Sec. (i) Dual rates. The term “dual rates” Commission, subject to such terms and 536.1 Definitions. means the two rates offered by a car­ conditions as may be prescribed by the 536.2 Filing of tariffs; general. rier or conference of such carriers in the Commission. The staff after coding 536.3 Form and preparation of tariffs. foreign commerce of the United States, tariffs will return a copy of each filing 536.4 Contents of tariffs. the lower rate applicable to a shipper or to carriers and conferences and there­ 536.5 Statement of rates. consignee who agrees to give all or any after when filing revised tariff matter 536.6 Amendments to tariffs. 536.7 Supplements. fixed portion of his patronage to such it will only be necessary for the carriers 536.8 Application for special permission. - carrier or conference, and the higher and conferences to insert thereon the 536.9 Statement of terminal or other rate applicable to shippers or consignees code numbers previously furnished to charges. who have not so agreed. them. At no time will a carrier or con­ 536.10 Other governing publications. (j) Tariff. The term “tariff” means ference be obligated to make reference 536.11 Transfer of operations; changes in a publication containing the actual to any publication to determine a code name and control; changes in con­ rates, charges, classifications, rules, reg­ number. The Commission will under­ ference membership. ulations, and practices of a carrier or take this function in its entirety, pro­ 536.12 Delegation of authority to file tariffs. 536.13 Effective date of this part and time conference of carriers for transportation vided it does not receive requests from limit within which tariff format by water. For the purposes of this carriers or conferences to do their own m ust comply therewith. tariff circular, the term “practices” re­ coding. fers to those usages, customs or modes Detailed study, review/ and analysis Authority : The provisions of this Part 536 issued under secs. 14b, 18(b), 43 of the of operation which in anywise affect, de- has been made by the Commission in all Shipping Act, 1916, 46 U.S.C. 813a, 817(b), términe or change a transportation rate, areas of tariff filing. The comments of 841a. charge or service provided by the car­ interested parties have all been care­ § 536.1 Definitions. rier and, in the case of conferences, must fully considered and where possible and be restricted to those practices author­ if consisterft with the needs of a coding The following definitions of terms used ized by the basic conference agreement. system concessions have been made. in this tariff circular shall apply unless (k) Tariff filing. The term “tariff The Commission, if it is to fulfill its the context indicates otherwise. filing” means any tariff, or modification statutory obligations, must be in a posi­ (a) Person. The term “person” in­ thereto, which is received by the Com­ tion to expeditiously retrieve rate data cludes individuals, firms, partnerships, mission as filed pursuant to these rules. from tariffs. The final rules will enable corporations, companies, associations, (l) Commission. The term “Commis­ the Commission to store rate data joint stock associations, trustees, re­ sion” means the Federal Maritime Com­ promptly and retrieve it with maximum ceivers, assignees, or personal repre­ mission. dispatch, thereby enabling the Commis­ sentatives. ' ‘ (m) Open for public inspection. The sion to make valid rate comparisons, and (b) Carrier. The term “carrier” term “open for public inspection” means to review and analyze rates as required means a common carrier by water in that each carrier shall maintain a com­ for any lawful purpose. The Commission foreign commerce of the United States plete and current set of the tariffs issued believes that the rules can be imple­ as defined in section 1 of the Shipping by it or to which it is a party in each of mented by carriers and conferences Act, 1916. its offices and those of its agents in any without creating a hardship upon them (C) Conference. For the purposes of city where it transacts business involv­ snd without imposing an unreasonable this tariff circular only, the term “con­ ing such tariffs. burden. ference” means any association of com­ (n) Act. The term “Act” means the The new rules will become effective mon carriers by water, in the foreign Shipping Act, 1916. July 1, 1965, and it should be noted that commerce of the United States, which is | 536.13 requires all tariffs to be in con­ permitted, pursuant to an agreement § 536.2 Filing of tariffs; general. formity with the rules within 6 months approved by the Commission under sec­ (a) Where used in this part, the &fter that date. Only new complete tar­ tion 15 of the Shipping Act, 1916, to file words “filing,” “filed,” or “file” when 7140 RULES AND REGULATIONS used with respect to time of filing with accomplished as hereafter set forth in or tariffs canceled by the issuance of such the Commission shall mean actual re­ § 536.6(d) (1) . tariff. For example: ceipt by the Federal Maritime Commis­ (l) Copies of all tariffs, subsequent re­ Sm ith Line Tariff FMC-14 cancels Smith Line sion at its offices in Washington, D.C., visions and changes thereto on file with Tariff FMC—5 and Sm ith Line Tariff FMC-9 United States of America. the Commission and in effect, shall be or (b) All tariffs shall be published and made available by carriers and confer­ filed by an officer or employee of the ences to any person, and a reasonable Sm ith Line Tariff FMC-14 cancels Smith Line carrier, or if a conference tariff, by an charge may be made therefor. T ariff FMC—12. officer or employee of the conference. (m) Any new or initial tariffs shall It shall not be necessary for a carrier In the alternative, publication and filing be published and filed with the Com­ or conference to reissue a tariff, or any may be accomplished through an agent mission to become effective not earlier portion thereof, immediately on the ef­ authorized to act for such carrier or con­ than 30 days after such publication and fective date of this part solely for the ference as provided in § 536.12. filing with the Commission, unless spe­ purpose of assigning the proper FMC (c) No carrier or conference shall pub­ cial permission to become effective on number of such tariff as required by this lish and file any tariff or modification less than said 30 days has been granted section. It will be sufficient for each thereto which duplicates or conflicts with by the Commission pursuant to § 536.9. carrier and conference to file with the any other tariff on file with the Com­ § 536.3 Form and preparation of tariffs. Commission an amendment to the title mission to which such carrier is a party page of each tariff or file with the Com­ whether filed by such carrier or by an (a) AH tariffs which are filed and kept mission assigning to such tariff the new authorized agent. open to public inspection shall be clear FMC number. Thereafter, each modi­ (d) All tariffs published in a foreign and legible and shall be plainly printed, fication filed to such tariff shall bear language shall be accompanied, when mimeographed, multilithed, or prepared the proper FMC number on each page. submitted for filing with the Commis­ by other similar permanent process on However, within 1 year after the effec­ sion, by three true copies translated into durable paper of good quality. tive date of this part,.all tariffs on file the English language. (b) No alteration in writing or erasure with the Commission must have been (e) All tariffs filed with the Commis­ shall be made in any tariff publication. properly reissued with the FMC number sion, except temporary filings as per­ (c) Sufficient marginal space of not required by this part. mitted hereafter in § 536.6(c) (1) shall less than three-fourths of an inch shall (3) When an individual carrier, part­ be accompanied by a letter of transmittal be allowed at the left side of each tariff nership or joint service operates under in duplicate which shall clearly identify page to permit insertion in tariff binders. a trade name, the individual name or the tariff and pages involved. The du­ In addition, a margin of, not less than names shall be shown as well as the trade plicate letter of transmittal will be one-half inch shall be allowed at the name, or reference may be made to an stamped with the date of receipt by the bottom of each tariff page for insertion internal tariff page where this informa­ Commission and returned to the sender. by the Commission of its receipt stamp. tion is shown. (f ) All tariffs, except as hereafter pro­ (d) Tariffs shall be in looseleaf form (4) (i) A list of the ports covered by vided, shall be filed in triplicate. Tem­ and shall be on pages approximately 8Y2 the tariff, or reference to an internal porary filings made by mail, as permitted by 11 inches. If other than a looseleaf tariff page where such ports are listed. in § 536.6(C) (1) shall be filed in tripli­ tariff is to be filed, application for per­ In lieu of such listing of ports, a state­ cate. Temporary filings made by tele­ mission to make such filing shall be made ment of the range of ports served will graph or cable, as hereafter provided in to the Commission, If permission to be accepted, provided any exclusion of § 536.6(c) (1) are not subject to the trip­ file other than a looseleaf tariff is granted any port within the range and any re­ licate filing requirements of this section. by the Commission, such permission will striction applying at any port within the (g) Tariffs sent for filing shall be ad­ set forth the form and manner of filing range are specifically stated. dressed to: the tariff and any amendments or sup­ (ii) Whenever tariff application is plements thereto. — shown by identification, of a range of Bureau of Foreign Regulation, Federal Mari­ (e) Tariff pages shall be printed on time Commission, W ashington, D.C., 20573. ports in lieu of listing of ports, such ^one side only, and each page after the range of ports must be within a geo­ and will not be accepted unless delivered title page shall be numbered in the upper graphical area generally served by the to the Commission free from all charges, right-hand corner. Each page must carrier or carriers participating in the including claims for postage. show the name of the carrier or confer­ tariff. (h) Each carrier shall keep open for ence for whose account the tariff is is­ (5) A statement showing the type of public inspection all tariffs published by sued, the effective date, the page number, rates contained in the tariff. For ex­ it or to which it is a party in the foreign the FMC number of the tariff, etc.» as ample: Local, proportional, class, com­ commerce of the United States. prescribed in Exhibit No. 1. modity, etc. Where a carrier or con­ (i) Where carriers are participants in § 536.4 Contents of tariffs. ference tariff includes contract rates, as a conference tariff this does not relieve described in § 536.5 (m), the title page such individual carriers from the neces­ (a) The first page of every tariff shall shall state that such rates are included. sity of complying with the Commission’s be a title page and should be printed on (6) A reference to other publications regulations and the requirements of sec­ paper heavier than that used in the body which in any manner govern the tariff, tion 18(b) of the Act with regard to of the tariff. The title page shall con­ or reference may be made on the title keeping tariffs open for public inspection. tain the following information: page to an internal tariff page identify­ (j) The obligation of a common car­ (1) The name of the carrier or con­ ing such governing publications. rier to file tariffs pursuant to section ference for whose account such tariff is (7) The date on which the tariff will issued. become effective. Every tariff in w hich 18(b) of the Act, and this part must be (2) An FMC tariff number assigned carried out by each such carrier filing its any provision is to become effective upon by the carrier or conference. For ex­ a date different from the general effec­ own tariff or tariffs or by being a par­ ample: ticipating carrier in a conference as de­ tive date of such tariff, shall so in d icate Smith Line Tariff FMC-1. in substantially the following form: fined in this part. No carrier or confer­ ence may be shown as a participant in a Each tariff issued by a carrier or con­ Effective: (except as otherwise ference shall be assigned the next, open, herein provided) or (except as provide tariff filed by another carrier or confer­ Item ) or (except as provided on r&g ence where such participation has not consecutive, FMC Number not previously used. In the case of an initial tariff filed ■ ■>< been approved by the Commission pur­ pursuant to section 18(b) of the Act the suant to section 15 of the Act. (8) The name, title and address of the first tariff shall be assigned tariff num­ person issuing the tariff, or if the c a rrie r (k) Any tariff submitted for filing, ber FMC-1. Each other tariff thereafter which fails to conform with section 18 (b) or conference has authorized an agen issued by the carrier or conference shall other than an official thereof to file a of the Act or with the provisions of this be assigned a different FMC number in part, is subject to rejection by the Com­ consecutive order. Under the FMC tariff with the Commission as authorized mission and, upon rejection will be void tariff number shall be shown the FMC in § 536.13, the name, title and ad dress and its use unlawful. Rejection will be tariff number or numbers of any tariff of such filing agent. Thursday, M ay 27, 1965 FEDERAL REGISTER 7141 (9) An expiration date, if the entire (8) All rates applicable to the trans­ modity code numbers are assigned, a tariff publication is to expire on a speci­ portation of the articles or classes of coded triplicate copy of a tariff or tariff fied date. articles on which rates are named in the filing initially filed pursuant to these (10) The name of all participating tariff. Rates shall be set forth as re­ rules will be returned to the carrier and/ carriers in the tariff, if more than one quired by § 536.5. or conference. Thereafter upon amend­ such carrier participates, or reference (9) Rules and regulations which in ment each coded tariff or tariff filing may be made to an internal page on anywise affect the application of the shall contain the assigned code number. which are listed the names of all par­ tariff. Rules and regulations shall be Whenever a tariff page is revised and ticipating carriers, governed by the following requirements: contains an item previously coded by (b) All pages after the title page shall (i) The rules shall include specimens the Commission but published on a dif­ be numbered beginning with “Original of any bill of lading, contract of ferent page the assigned code number Page 1”, “Original Page 2”, etc. Each affreightment or other document evi­ shall be shown on such revised page. page as thereafter revised shall be a con­ dencing the transportation agreement, Code numbers shall not be assigned by secutively numbered revision of the same unless a separate bill of lading tariff is carriers or conferences upon initial fil­ page. For example: on file with the Commission as permitted ings made pursuant to these rules nor The 7th page in a tariff as originally filled in § 536.10(a). shall code numbers be assigned by car­ would be titled “Original Page 7.“ The first (ii) Where a rule affects only a par­ riers or conferences to any commodity revision of this page 7 would be titled “First ticular item or rate, such item or rate not previously published in a tariff; pro­ Revised Page 7,” cancels original page 7. See must specifically refer to such rule. vided, however, a carrier or conference §536.6(b) (3). (iff) Each rule or regulation shall be may assign code numbers upon request The body of the tariff shall contain the numbered. and written approval of the Commission, following: (iv) No rate tariff shall require ref­ subject to such terms and conditions as (1) The full corporate name of each erence to any other rate tariff for de­ may be prescribed by the Commission. participating carrier with address of the termination1 of any applicable rate. (d) Where rates are stated in amounts principal office, if not shown on the title (v) Where a carrier or conference uses per package, the type of package must page. a contract rate system the tariff shall be described. Method of packing with (2) The trade name, if any, and the fully and clearly explain the application specifications showing size, measurement carrier or carriers, if not shown on the of the contract rate system, and shall or weight of the packages on which such title page. include a true copy of the approved con­ rates applies shall be shown. (3) A list of the ports or range of ports tract. (e) Where rates vary depending upon to and from which the tariff rates apply, (vi) Where a conference opens rates whether cargo is packed, crated, pallet­ if not shown on the title page. See as permitted in § 536.5 (n) and (o) the ized, bundled, strapped, loose, or other­ § 536.4(a) (4). tariff shall fully and clearly explain the wise prepared or delivered for shipment, (4) A statement indicating the extent extent to which rates have been opened. there shall be a statement clearly and of any limitation or restriction, if the Any restriction or limitation on the right specifically governing the application of application of any of the rates, charges, of participating carriers to fix their own such rates. (See Exhibit No. 2.) rules, or regulations stated in the tariff rates on open rate items, and the extent (f) Where rates from or to designated are restricted to any particular port, pier, to which applicable rules and regulations ports are determined by the addition or etc., or otherwise limited. of the conference tariff will continue to deduction of arbitrarles or differentials to (5) A single, complete index alpha­ govern the rates filed by each individual or from rates applicable at other porte, betically arranged for commodities for line, shall be stated. such application shall be clearly shown. which rates in the tariff are named, to­ (vii) Where it is not desirable or prac­ (g) A commodity item may, by use of gether with a reference to each item or ticable to include the governing rules or a generic term, provide rates on a num­ page where a particular article is shown. regulations, or specimens of the bill of ber of articles without naming such ar­ Class rate tariffs and tariffs containing lading or other contract of affreightment ticles, provided such term contains refer­ both class and commodity rates shall in a rate tariff, such rules and regulations ence to an item in the tariff which clearly contain, in addition to item or page ref­ or bill of lading may be published and defines the type of commodities con­ erence where applicable, the ratings of filed in separate tariffs, provided special tained in such generic term or which commodities to which class rates apply reference is made in the rate tariff to contains a complete list of such articles, (see Exhibit No. 6). Such index may be such separate governing publication as or contains reference to the FMC number omitted where rates on less than 25 com­ required in § 536.10(a). of a separate tariff of the same carrier modities are included in the tariff. All (viii) Tariffs which contain rates for or conference containing such definition articles generic to different species of the the transport of explosives, inflammables, or list of Such articles. same commodity should be grouped to­ corrosive material, or other dangerous Example: Packinghouse products, as de­ gether. For example: articles, shall contain the rules and reg­ scribed in Item __or packinghouse products, ulations of the carrier or conference gov­ Paper, building: paper, printing; paper, as described under heading “Packinghouse wrapping. erning the transportation of such arti­ products” in FMC N o._, or successive issues cles, or shall bear reference to a separate th ereo f: (6) A full explanation of any symbols, publication which contains such rates (h) A separate tariff, not containing reference marks or abbreviations used in and regulations. rates, may be filed by a carrier or con­ the tariff, if such explanation does not (ix) Tariffs shall clearly state all of ference showing a list of the commodities appear on the page where the reference the services provided to the shipper and on which rates published by reference to marks or symbols are used, such page included in the transportation rates set generic terms will apply, and rate tariffs shall refer to the page in the tariff where forth therein. the explanation is given. The symbols shall be made subject thereto as provided shown in § 536.6(b) (2) shall be used § 536.5 Statement of rates. above. only for the purpose indicated therein. (a) The application of all rates shall (i) When commodity rates are estab­ (7) If governed in any manner by lished, the description of the commodity be clear and definite and explicitly stated must be specific. Rates may not be ap­ other publications, as may be permitted per 100 pounds, per cubic foot, per ton of plied to analogous articles. herein, a reference thereto substantially 2,000 pounds, per ton of 2,240 pounds, or (j) The rate section of a tariff may m the following form: some clearly defined unit. contain a rate applicable to all commodi­ This tariff is governed, except as otherwise (b) Commodities and commodity ties, or all commodities of a class, on provided herein, by Bill of Lading Tariff groupings on which rates are stated shall which specific commodity rates are not PMC No. (dr by Rules Tariff FMC No. , be listed in alphabetical order and item stated in the tariff, to be called cargo, numbers shown if published in the index. n.o.s. (not otherwise specified), general Where such reference is fully made on All rates shall be stated in a simple and cargo, or other identifying name, or by the title page, reference in the tariff else­ systematic manner. broad generic heading such as chemicals, where is unnecessary. Governing pub- (c) The Commission shall assign com­ n.o.s. hcations must be on file with the Fed- modity code numbers to tariffs and tariff (k) A separate tariff naming rates on oral Maritime Commission. filings as rapidly as possible. As com­ a group of related commodities may be 7142 RULES AND REGULATIONS published, provided however, that such properly identified, may be shown in changing only the matter on the page tariff shall contain all of the rates ap­ column form (side-by-side) rather than which is modified. Changes made in plicable to such commodities which are the manner shown in Exhibit No. 3. existing rates, charges, classifications, published by the same carrier or confer­ (s) The number of rate columns mayrule, or other provisions shall be indi­ ence to or from the same ports. When be varied as required to state rates to cated by the following uniform symbols: such tariffs are published, reference shall one or more ports, groupings or ranges of (R) To denote reduction. be made thereto in the tariff of general ports. The width of all columns in the (A) To denote increase. application for the same carrier or con­ rate block section of tariff rate pages (C) To denote changes in wording which ference, to or from the same ports. may be varied as required, provided, how­ result in neither increase ijor reduction in (l) Publication of rates which dupli­ ever, that the width of the commodity charges. code column is not less than 1 inch. (D) To denote deletion. cate or conflict with the rates published (E) To denote an exception to a general in the same or any other tariff Is not § 536.6 Amendments to tariffs. change. permissible, and, except as otherwise au­ (N) To denote reissued matter. thorized in this part, the publication of (a) General tariff amendments. (1) (I) New or initial matter. a statement in a tariff to the effect that All changes in, additions to, or deletions the rates published therein take prece­ from a tariff shall be known as amend­ An explanation of such symbols shall be dence over the rates published in some ments. All amendments to tariffs shall set forth in the tariff as required by other tariff, or that the rates published be in permanent form as set forth here­ § 536.4(b) (6). in some other tariff take precedence over after. (3) Each revised page filed to accom­ or alternate with the rates published (2) Amendments which provide for plish a tariff amendment shall cancel the therein, is prohibited, provided however, new or initial rates, or amendments previously issued page of that number that where a carrier or conference pub­ which provide for changes in rates, upon which thé change is made. Im­ lishes both commodity and class rates a charges, rules, or other provisions re­ mediately under the designation of the statement shall be published in the tariff sulting in an increase in cost to the new revised page number shall be indi­ clearly indicating which of the two rates shipper shall be published and filed with cated the previous page which is being shall apply on the commodity or com­ the Commission to become effective not canceled. For example: modities on which both class rates and earlier than 30 days after the date of First revised page 1 cancels original page 1 commodity rates are published. publication and filing with the Commis­ or (m) Where a conference or carrier sion, unless special permission to become uses a dual rate system approved by the effective on less than said 30 days notice Fifth revised page 21 cancels fourth revised Commission and states in its tariff two has been granted by the Commission page 21 rates pursuant to such system, each com­ pursuant to § 536.8. All matter on the page to be canceled modity item in the tariff subject to dual (3) Amendments which provide for which is not being changed shall be re­ rates shall indicate such “Contract changes in rates, charges, rules, regula­ issued on the revised page as it was in Rates” and “Noncontract Rates” as pre­ tions, or other provisions resulting in a the page being canceled. See Exhibits scribed in Exhibits Nos. 3 through 7. decrease in cost to the shipper, or amend­ Nos. 1 through 7. (n) Where a conference opens any or ments which result in no change in cost (4) Each revised page to accomplish a all rates, each tariff item so opened shall to the shipper may become effective upon tariff modification shall, in the upper be amended to indicate the word “open” the publication and filing with the right-hand comer of the page, state the in place of the previously stated rate, and Commission. effective date of the changes made on shall indicate a reference to a published (4) An amendment containing a rate that page. Such effective date shall be rule in the tariff clearly defining the on a specific commodity not previously subject to the requirements of section word “open” as used in such tariff. named in a tariff is a reduction or no 18(b) of the Act and of this section. Re­ (o) Where a conference opens rates change in cost to the shipper and may vised pages may, if desired, also show an pursuant to paragraph (n) in this sec­ become effective upon publication and issue date. tion, for an individual conference mem­ filing with the Commission, provided that (5) When a revised page canceling a ber to then charge rates on such an item, the tariff contains a cargo, n.o.s. rate or previous page deletes any matter con­ there must be on file with the Commis­ similar general cargo rate, which rate tained in the previous page, the deletion sion the individual member’s proper tariff would otherwise be applicable to the shall be indicated by the symbol (D) rate covering such item as required by specific commodity, and further provided and the appropriate symbol in subpara­ these rifles. This may be accomplished that the specific commodity rate is equal graph (2) of this paragraph further by each individual carrier filing a com­ to or lower than the previously applicable indicating the effect of the deletion on plete tariff pursuant to this part, or by cargo, n.o.s. rate or general cargo rate. rates or charges. the official or tariff agent of the con­ (5) An amendment which provides for (6) Every tariff amendment which ac­ ference, or the carrier, filing as a sep­ the elimination of a specific commodity complishes a change in the tariff upon arate supplement at the end of thé con­ and rate applicable thereto from a tariff, less than statutory notice pursuant to ference tariff a page or pages indicating thereby resulting in the application of special permission granted by the Com­ the rates which will be charged by each a higher cargo, n.o.s. rate, or general mission, shall show in connection with individual carrier, and the governing cargo rate, is a rate increase and shall be such change a notation as provided for rules and provisions of the conference published and filed with th e Commission in § 536.8. tariff which will apply to each carrier. to become effective not earlier than 30 (7) Increased rates brought forward Separate open rate tariffs may be pub­ days after the date of publication and without change, prior to becoming effec­ lished by an official or tariff agent of a filing with the Commission in the absence tive, from a tariff page which has not conference, of special permission for an earlier effec­ been in effect 30 days shall be designated (p) If only a portion of particular tive date pursuant to § 536.8. “reissued”, and shall show the original rates or other provisions will expire with (b) Permanent tariff amendments. effective date. a specified date, a notation to that effect (1) Amendments to looseleaf tariffs shall (8) If, on account of expansion of shall clearly be shown in connection with be made by reprinting the page upon matter on any page, it becomes necessary such item, as indicated in Exhibit No. 2. which such amendments are made. to add an additional page in order to take (q) Temporary or special or emer­ Such page shall be designated in the up­ care of the additional matter, such addi­ gency rates or rates conditioned upon an per right-hand corner as a revised page. tional page (except when it follows the expiration date or other factor shall be For example: final page) shall be given the same num- shown under the same commodity or First revised page 1 ber as the previous page with a lette generic heading or class in the same place or suffix unless all subsequent pages are in the tariff as the ordinarily applicable reissued and renumbered. For examp e. Fifth revised page 21 rates. See Exhibit No. 5. Original Page 4-A, Original Page 4-B, etc. (r) All rate pages shall be filed in the See Exhibits Nos. 1 through 7. form and manner as prescribed in Ex­ (2) The revised page filed to accom­If it is necessary to change matter on hibits Nos. 1 through 7. Where space plish a tariff amendment shall reprint Original Page 4-A, it may be done y permits, contract and noncontract rates, the page to be replaced in its entirety, issuing First Revised Page 4-A, wmcn Thursday, M ay 27, 1965 FEDERAL REGISTER 7143 shall indicate the canceUation of Origi­ as required in subparagraph (I) of this shall appear on the new amendment or nal Page 4-A. paragraph. other tariff publication issued to replace (9) When a revised page is issued (5) All temporary filings permitted by that which has been rejected, reading which deletes rates, rules7 or other pro­ this section must be followed by the per­ substantially in accordance with the fol­ visions previously published on the page manent filing of a revised page to accom­ lowing example: which it cancels, and such rates, rides, plish tariff changes as required by this 6th revised page No. 8 (issued in. lieu of or provisions are published on a different section. Such permanent modifications 5th revised page No. 8 rejected by the Federal page, the revised page shall make specific to take the place of the temporary filing Maritime Commission) cancels fourth revised reference to the page on which the rates, must be received by the Commission page No. 8. rules or provisions will be found, and within 15 days after receipt of the tem­ (2) Any amendment or other tariff the page to which reference is made porary filing for carriers or conferences publication submitted for filing contain­ shall contain the following notation in making such filing from within the con­ ing more than one change, one or more connection with such rates, rules or other tinental United States, and within 30 hut not all of which fails to conform with provisions, etc. days after receipt of such temporary fil­ section 18(b) of the Act or with the pro­ For (here insert rates, rules, other pro­ ing when the carrier or conference is visions of this part is subject to partial visions, etc., as case may be) in effect prior located outside the continental United rejection. When an amendment or to the effective date hereof see page —. States. other tariff publication is partially re­ (6) A permanent filing need not be Subsequently revised pages of the same jected, the Commission, acting through made where a temporary filing is rejected a designated administrative officer, will number shall omit this notation insofar by the Commission. However, all tariff as this particular matter is concerned. subscribers must be notified that the inform the carrier, conference, or agent (10) The following method shall be tendering such amendment or other temporary filing has been rejected. tariff publication for filing, by telegram, used in identifying and checking revised (7) In the event a carrier or confer­ pages filed for the purpose of amending cablegram, or letter, of such partial re­ ence which has filed a rate change by jection. tariffs: temporary filing as permitted by this sec­ (i) When the original tariff is filed, (i) Upon receipt of notice of a partial tion should fail to properly file the per­ rejection, the carrier, conference, or the page following the title page shall manent tariff modification to take the be designated a “check sheet”. place of such temporary filing in the agent shall immediately notify all sub­ (11) The check sheet shall contain cor­ form and within the time limit above scribers to the tariff of the partial rejec­ rection numbers which shall be in con­ provided, a warning letter or collect tele­ tion. The carrier, conference or agent secutive numerical order beginning with shall then resubmit a revised amendment gram shall be sent to such carrier or con­ or other tariff publication to the Com­ the number one (1), with a blank space ference. Immediate steps shall be taken provided with each correction number. mission deleting the partially rejected by the carrier or conference to properly matter or otherwise conforming such A correction number shall be placed in file the followup permanent filing. If a the upper right-hand—corner of each matter to section 18(b) of the Act or carrier or conference fails to correct with the provisions of this part. revised page. This procedure will pro­ such delinquent permanent filing after vide a cross reference and a permanent one warning, or if a carrier or conference (ii) The number assigned to an record of all corrections made to the amendment or other tariff publication tariff. after correction of one such delinquent which has been rejected in part may not filing, should fail a second time to file a be used again. Resubmission of the re­ (c) Temporary tariff amendments. permanent tariff modification to take the In order to facilitate the filing of rate place of a temporary filing within the vised amendment or other tariff publi­ changes as quickly as possible, without time limits provided, the Commission cation shall be accomplished as pre­ the delay necessitated by preparation scribed in subparagraph (1) of this shall notify such carrier or conference paragraph. and filing of permanent revised pages that it no longer has the privilege of as required above, temporary filings will making rate changes by temporary filing § 536.7 Supplements. be permitted subject to the following as permitted in this section and there­ (a) Supplements to tariffs may be filed conditions: after, until further notice from the Com­ (1) Temporary filings may be made to accomplish the following: mission, such carrier or conference may (1) To cancel a tariff in whole or in by telegram or cable, or by mailing to make tariff amendments only by filing of the Commission letters, rate advices, rate part. permanent tariff modifications as set (2) To provide for a general rate de­ circulars, rate advances, etc. Such tem­ forth in this section. porary filings must contain the following crease applicable to all, or substantially (d) Rejection of tariff amendments orall, of the commodities listed in a tariff. information: other tariff publications, (1) Any (i) The identification of the carrier (3) To provide for a general rate in­ amendment or other tariff publication crease applicable to all, or substantially or conference. submitted for filing which fails in all re­ (ii) Identification of the tariff being all, of the commodities listed in a tariff. spects to conform with section 18(b) of (4) To indicate seasonal discontinu­ amended. the Act or with the provisions of this (iii) Any code number previously as­ ance or temporary suspension or rein­ part, is subject to rejection. When an stitution of service covered by a tariff. . signed by the Commission. amendment or other tariff publication is (iv) An exact description of the com­ (5) To provide for change in name of rejected, the Commission, acting through carrier or agent. modity on which a rate is being changed. a designated administrative officer, will (v) The previously issued page upon inform the carrier, conferences, or agent When supplements are filed as provided which the item being changed is con­ tendering such amendment or other tar­ for in subparagraphs (2) and (3) of this tained. iff publication for filing, by telegram, (vi) The new rate to be filed. paragraph and the rate increase or de­ cablegram, or letter, of such rejection. crease is not applicable to all commodi­ (vii) The effective date of the rate

(c) Supplements shall be numberedon less than the statutory period required rier, the carrier which will thereafter consecutively on the upper right-hand in section 18(b) of the Act. operate the service shall make appro­ comer of each page as follows : (f) Every tariff filed pursuant to apriate tariff filings to indicate the change Supplement No. 1 to FMC Tariff No. —. special permission granted by the Com­ in name. Subsequent filings to such mission shall contain a notation to such tariff shall indicate the new name of § 536.8 Application for special permis­ effect in the following form: the carrier involved. sion. Issued under authority of the Federal (b) Wherever the name of a carrier (a) Section 18(b) of the Act author­ Maritime Commission Special Permission No. who participates in a conference is izes the Commission, in its discretion F (here fill in assigned num ber). changed, the conference shall file an ap­ and for good cause shown, to permit in­ § 536.9 Statement of terminal or other propriate amendment to the tariff to in­ creases in rates or issuance of new or charges. dicate the change in name to the new initial rates on less than statutory notice. carrier. The Commission may also in its discre­ (a) Every tariffifiled pursuant to this (c) Whenever a new carrier becomes tion and for good cause shown permit part shall state separately any terminal a participant in a conference tariff and departure from the regulations in this or other charge, privilege, or facility un­ the rates published in the conference part. The Commission will grant such der the control of the carrier or confer­ tariff are equal to or lower than the new permissions only in cases where real ence which is granted or allowed. carrier’s previously filed rates, cancel­ merit is shown. Where correction of (b) Wherever a tariff includes charges lation of the new carrier’s tariff and pub­ clerical or typographical errors results in for terminal services, canal tolls or other lication of a revised participating car­ a rate increase, section 18(b) of the Act additional charges not under the control rier’s page in the conference tariff may requires such correction to become effec­ of the carrier or conference, which become effective upon filing with the tive not earlier than 30 days after filing merely acts as a collection agent for the Commission. However, where such par­ with the Commission. Clerical or typo­ charges, and the agency making such ticipation of a new carrier in a confer­ graphical errors will be considered to charges to the carrier increases the ence tariff results in higher rates being constitute good cause for the exercise of charges without notice to the carrier or charged by the new carrier than pre­ this authority, but every application conference, such charges may be in­ viously stated in its individual tariff such based thereon must plainly specify the creased in the carrier or conference tariff participation and cancellation of the error, together with a full statement of without being subject to the 30-day ad­ previous individual tariff shall not be­ the attending circumstances and must vanced filing requirement of this part come effective earlier than 30 days after be presented with reasonable promptness whether included in the through rate or the date of filing with the Commission after issuance of the defective tariff separately stated on the bill of lading. unless special permission is granted to publication. § 536.10 Other governing tariffs. file on less than such period of time pur­ (b) Application for special permission suant to § 536.8. to establish increase in rates on less than (a) If it is not desirable or practicable to include governing rules of a tariff, as § 536.12 Delegation o f authority to file statutory notice, or for waiver of the tariffs. provisions of this tariff circular must be required by § 536.4(b) (9), or bills of made by the carrier, conference, or agent lading or contracts of affreightment as (a) A carrier or conference may grant that holds authorization to file the pro­ required by § 536.4(b) (9) (i), in the gen­ authority to a person, not an official or posed publication. eral rate tariff, these may be separately employee of such carrier or conference, (c) Application for special permission filed and published in a rules tariff as agent to act for such carrier or con­ shall be made by cable, telegram, or and/or bill of lading tariff. When rules, ference in the issuance of all its tariffs, letter. In an emergency situation special regulations, bills of lading, or other gov­ or any particular tariff. permission applications may be made by erning provisions are thus separately (b) Whenever there is such delega­ telephone provided that such applica­ published, rate tariffs shall be made sub­ tion of authority by a carrier or confer­ tion is promptly followed by cable, ject thereto by specific FMC reference ence, there shall be filed with the Com­ telegram, or letter. in the rate tariff as follows: mission a statement indicating the ap­ pointment of such agent and setting (d) If the authority granted by special Governed, except as otherwise provided permission is used, it must be used in its herein by (rules or regulations) (bills of forth the exact limits of the authority of entirety and in the manner set forth in lading) shown in tariff FMC No.. such appointed agent. such special permission. If it is not (b) Tariffs naming rates for the § 536.13 Effective date of this part and desired to use all of the authority granted transportation of explosives, inflam­ time limit within which tariff format and less or more extensive or different mables, or corrosive material, or other must comply therewith. authority is desired, a new application dangerous articles, shall contain as re­ This part shall become effective on complying with the requirements of this quired by § 536.4(b) (9) (viii), the rules July 1, 1965. Any completely new tariff part in all respects and referring to the and regulations issued by the carrier or or completely reissued tariff made on or previous permission must be filed. conferences governing the transportation after said date must comply in all re­ (e) Application for special permission of such articles, or shall if possible, bear spects with this part. Any tariff amend­ shall contain the following information: reference to a separate publication where ment made on or after July 1, 1965, to a (1) The name of the conference or such regulations are available to the gen­ tariff lawfully on file with the Commis­ carrier in whose name the special per­ eral public. sion prior to that date may be filed in the mission is requested. same format as used in such lawfully (2) Identification of the specific tariff § 536.11 Transfer of operations; filed tariff; provided however, that such involved. changes in name and control; tariffs and amendments thereto must on (3) The rate, commodity, code num­ changes in conference membership. or after July 1, 1965, include required ber if previously assigned by the Com­ (a) Whenever the name of a common matter otherwise prescribed in this part. mission, rules, etc. (related to the ap­ carrier having an individual tariff on Within 6 months from said effective date plication) , and the special circumstances file with the Federal Maritime Commis­ all tariffs and amendments thereto must which the applicant believes to consti­ sion is changed, or its operating control be made to conform in all respects with tute good cause to make a tariff change is transferred to another common car­ this part. Thursday, M ay 27, 1965 FEDERAL REGISTER 7145

E xhibit N o. 1

Name of Carrier or Conference and Tariff Number Orig./Rev. Page

Cancels Page

From: (Range or ports) To: (Range or ports) Effective date

Correction

Except as otherwise provided herein, rates apply per ton of —■— or — cubic------, whichever produces the greater revenue, Rate Type* basis 1 . 2 Item* Commod­ Commodity description and packaging ity code

Explanation for use of this exhibit: All tariff pages, except the title page, shall be filed in the form and maimer as pre­ scribed above the rate block on this page.

*As applicable.

E xhibit No . 2

Name of Carrier or Conference and Tariff Number Orig./Rev. Page

Cancels Page

From: (Range or ports) To: (Range or ports) Effective date

Correction

Except as otherwise provided herein, rates apply per ton of (2,000 lbs.) or (40) cubic (feet) whichever produces the greater revenue. Rate basis Item* Com­ modity Commodity description and packaging code

Fans, electric— ___ ——..—I ___ W/M. 78.00 Glasses, su n ..______M-__ 63.76 Lime, hydrated, packed..______1 ._ W___ 29.26 Tractors: Unpacked.*.___...... W/M. 45.00 Packed...... ____ ..---L._-._I__ II*__ W/M. 40.00 Zinc, VIZ: Bars, circles, ingots, pigs, plates, sheets, shot, 2240 or 40 CF_ 29.00 slabs. Ingots: Special rate effective Apr. 1,196-, expiring May 2240...‘.....‘J. 27.00 1 .196- . Ingbts: Special rate effective May 1,196-, expiring June 2240-.— ..'.... 28.00 1 .196- . (Broken Line Not To Be Used) Explanation for use pi this exhibit: Conference or Carrier: Single level or rates; one port or the same rate to several ports, or range of ports; temporary rates.

‘Optional column.

No. 102—P t. II ----- 2 7146 RULES AND REGULATIONS

EXHIBIT No. 3

Name of Carrier or Conference and Tariff Number Orig./Rev. Page

Cancels Page

From: (Range or ports) To: (Range or ports) Effective date

Correction

Except as otherwise provided herein, rates apply per ton of (2,240 lbs.) or (40) cubic (feet) whichever produces the greater revenue. Rate (Ports or (Ports or Type ' basis range) range) Item** Commod­ Commodity description and packaging ity code

Alcohols (effective May 10,6-)* (I)* C__. 100# . 3.30 3.55 NC. 3.88 4.17 Canned goods: F is h .....— . ------— ...... - C._. 100#. 2.15 2.15 NC. 2.65 2.65 Vegetables: 48/9 oz. tins— C... Case. .93 .98 NC. 1.01 1.08 48/7 0z. tins— C... Case. .70 .75 NG. ►75 .90 24/16 oz. tins. C_._ Case. 1.17 1.25 NC. 1.24 1.35 (Broken Line Not To Be Used) Explanation for use of this exhibit: Conference or Carrier: Dual-rate system; two ranges of destination ports; rates per case or per 100 lbs.

•Issued under authority of the FMC Special Permission No. —. applicable. •»♦Change symbols must be shown in the commodity description column either to the left or right of the commodity

E xhibit N o. 4

Name of Carrier or Conference and Tariff Number Orig./Rev. Page

Cancels Page

From: (Range or ports) Tor (Range or ports) Effective date

Correction

Except as otherwise provided herein, rates apply per ton of (2,240 lbs.) or (40) eubic (feet) whichever produces the greater revenue. Rate -Type* basis Item* Commod- Commodity description and packaging : ity code

Fans, electric_____—------...------C... W/M. 63.75 NC. 70.75 Glasses, sun______— ------—...(I)* C... 63.75 NC. 70.75 Lime, hydrated, packed______C... 23.75 NC. 26.50 Liquors------—...... Open Min. 36.00 Transferred to medicines, patent preparations (D)(R)** Transferred to liquors______(D)(1)**

(Broken Line Not To be Used) Explanation for use of this exhibit: Conference or Carrier: Dual-rate system: One range of ports; deletion of rates show­ ing reduction and increase in rates due to deletion.

•As applicable. ••Change symbols must be shown in the commodity description column either to the left or right of the com­ modity. Thursday, M ay 27, 1965 FEDERAL REGISTER 7147

E x h ib it No. 5

Name of Carrier or Conference and Tarili Number Orig./Rev. Page

Cancels Page

From: (Range or ports) To: (Range or ports) Effective date

Correction

Except as otherwise provided herein, rates apply per ton of (2.240 lbs.) or (40) cubic (feet) whichever produces the greater revenue. Rate (Ports or (Ports or Type* basis range) range) Item* Commod­ Commodity description and packaging ity code

Iron and steel: Turnbuckles. C .. 29.50 32.50 NC. 32.25 35:50 T ^ p o erary}R^ e «ffective June ^ 6~ to C._ 26.00 28.50 Special J 31, 6------„_„(»)** NC 28.50 31.25 \ Medicines, patent preparations: Value not exceeding $500.00 per 40 cubic feet. C.. 34.00 37.50 NC, 37.25 41.00 Value exceeding $500.00 but not exceeding C.. 52.75 58.00 $1,000.00 per 40 cubic feet-. NC, 57.75 63.50 Value exceeding $1,000.00 per 40 cubic feet .. C.. 67.75 74.50 NC, 74.25 81.50

(Broken Line Not To Be Used) Explanation for use;of this exhibit: Conference or Carrier: Dual-rate system: Valuation rates and special, emergency or temporary rates.

•As'applicable. “ Change symbols must be shown in the commodity description column either to the left or rightof the commodity.

E xh ibit Nò. 6

Name of Carrier or Conference and Tariff Number ... . . Orig./Rev. Page

Cancels Page

From: (Range or ports) To: (Range or ports) Effective date

Correction

Commodity index

Com­ Class Com­ Class modity jr Commodity or item modity Commodity or item code No.* code No.*

Abrasive______.1______2 Iron or steel articles, viz: Absorbent cotton..______160 1 Ale, ginger ______3 M 365 Ammonia, anhydrous______45 Forgings___I...... 365 Animal feed supplements..--i-— . 257 2 W

(Broken line not to be used) Explanation for use of this exhibit: Conference or. Carrier: Single level Or dual-rate system; class or class and commodity tariff. Commodity code numbers on index pages will be assigned by the Commission only for class- rated commodities.

•Where tariff publishes both class and commodity rates, as abofe, the first nine (9) digits should be reserved for class ratings. 7148 RULES AND REGULATIONS I

E x h ib it N o. 7

Name of Carrier or Conference and Tariff Number Orig./Rev. Page ' . - 'K •- dft' • :< "• ' ' ■

, Cancels Page

From: (Range or ports) To:. (Range or ports) Effective date

Correction

Class rates

Except as otherwise provided herein, rates apply per ton of (2,240 Class lbs.) or (40) cubic (feet) whichever produces the greater revenue.

Ports to Which Rates Apply 1 2 3

Ports A, B, C: * $100.00 $70.00 $30.00 Noncontract 115.00 80.50 34.50 Ports T), E, F* _ 80.00 60.00 20.00

•As applicable to dual rate or single level raj* tariffs. By the Commission. T h o m a s L i s i , Secretary. [F.R. Doc. 65-6572; Piled, May 26, 1965; 8:50 a.m.]