FEDERAL REGISTER VOLUME 34 • NUMBER 80 Saturday, April 26, 1969 • Washington, D.C. Pages 6957-7000

Agencies in this issue— The President Agricultural Research Service Agricultural Stabilization and Conservation Service Atomic Energy Commission Coast Guard Commodity Credit Corporation Consumer and Marketing Service Federal Communications Commission Federal Housing Administration Federal Maritime Commission Federal Power Commission Fiscal Service Food and Drug Administration Foreign-Trade Zones Board Interior. Department Interstate Commerce Commission Labor Department Land Management Bureau Monetary Offices Securities and Exchange Commission Social Security Administration Detailed list of Contents appears inside. Just Released

CODE OF FEDERAL REGULATIONS

(As of January 1, 1969)

Title 7—Agriculture (Parts 900-944) (Revised)______$1.50

Title 26—Internal Revenue Part 1 (§§ 1.641-1.850) (R evised)______1. 50 Title 35—Panama Canal (Pocket Supplement)______.35

[A Cumulative checklist of CFR issuances for 1969 appears in the first issue of the Federal Register each month under Title 1~\

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

Published daily, Tuesday through Saturday (no publication on Sundays, Mondays, or on the day after an official Federal holiday), by the Office of the Federal Register, National FEDERALSpEGISTER Archives and Records Service, General Services Administration (mail address National Areaa ..« Coder . j . 202coo \ Î X t fJ* r phone 962-8626 Archives Building, Washington, D.O. 20408), pursuant to the authority contained in the Federal Register Act, approved July 26, 1935 (49 Stat. 500, as amended; 44 U.S.C., Ch. 15), tinder regulations prescribed by the Admin­ istrative Committee of the Federal Register, approved by the President (1 CFR Ch. I). Distribution is made only by the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. The F ederal R egister will be furnished by mail to subscribers, free of postage, for $1.50 per month or $15 per year, payable in advance. The charge for individual copies varies in proportion to the size of the issue (15 cents for the first 80 pages and 5 cents for each additional group of 40 pages, as actually bound). Remit check or money order, made payable to the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. The regulatory material appearing herein is keyed to the Code of Federal Regulations, which is published, under 50 titles, pursuant to section 11 of the Federal Register Act, as amended (44 U.S.C. 1510). The Code of F ederal Regulations is sold by the Superintendent of Documents. Prices of books and pocket supplements are listed in the first F ederal Register issue of each month. There are no restrictions on th e republication of material appearing in the F ederal R egister or the Code of F ederal R egulations. Contents

FEDERAL COMMUNICATIONS FOREIGN-TRADE ZONES THE PRESIDENT COMMISSION BOARD PROCLAMATION Notices Notices Mother’s Day, 1969------— 6961 Honolulu, Hawaii; application for Hearings, etc.: contiguous expansion of For­ Certain TV signal specifica­ eign-Trade Zone No. 9 (Pier EXECUTIVE AGENCIES tions ______6993 39); notice of filing and Chronicle Broadcasting Co___ 6986 investigation______6994 AGRICULTURAL RESEARCH Midwest Radio-Television, Inc_ 6990 SERVICE h e a l t h / e d u c a t io n , a n d Rules and Regulations FEDERAL HOUSING WELFARE DEPARTMENT Mangoes froija Central America ADMINISTRATION See Food and Drug Administra­ and West Indies; revision of ad­ Rules and Regulations tion; Social Security Adminis­ ministrative instructions pre­ tration. scribing method of treatment— 6963 Miscellaneous amendments to chapter ______6980 AGRICULTURAL STABILIZATION HOUSING AND URBAN AND CONSERVATION SERVICE FEDERAL MARITIME DEVELOPMENT DEPARTMENT COMMISSION See Federal Housing Administra­ Rules and Regulations tion. Direct-consumption portion of Notices mainland sugar quota for Puerto Trans-Pacific Freight Confer­ INTERIOR DEPARTMENT Rico; 1969 allotment------6964 ence; notice of agreement filed for approval______6993 See also Land Management Bu­ AGRICULTURE DEPARTMENT Strike surcharges; North Atlan- reau. See Agricultural Research Serv­ tic/Continent trades; order to Rules and Regulations ice; Agricultural Stabilization show cause______6993 Procurement regulations; irregu­ and Conservation Service; Com­ larities in bids and safety and modity C r e d it Corporation; FEDERAL POWER COMMISSION health; correction as of Janu­ Consumer and Marketing Serv­ Proposed Rule Making ary 1,1969______6982 ice. Procurement competition; order Notices ATOMIC ENERGY COMMISSION setting oral argument______6984 Roadbuilding in national parks; revocation of procedures_____ 6985 Rules and Regulations FISCAL SERVICE Commission seal and flag------6972 INTERSTATE COMMERCE Procedure for review of certain Notices nuclear reactors exempt from Superior Insurance Company; ter­ COMMISSION licensing requirements; con­ mination of authority to qualify Proposed Rule Making tents of applications______6972 as surety on Federal bonds____ 6985 Uniform system of accounts for express companies; extension of COAST GUARD FOOD AND DRUG time for filing comments______6984 Notices ADMINISTRATION Notices Equipment, construction, and ma­ Rules and Regulations Louisville and Nashville Railroad terials; termination or approval Food additives: Co., and Illinois Central Rail­ n o tice______i______— 6986 BHT and BHA______6977 road Co.; car distribution____ 6995 Motor carrier: COMMODITY CREDIT Buquinolate ______6976 Human foods; current good man­ Temporary authority applica­ CORPORATION ufacturing practice______6977 tions ______6995 Rules and Regulations 0,0-diethyl O-2-pyrazinyl phos- Transfer proceedings______6996 Honey; price support regulations phorothioate; tolerances______6976 for 1968 and subsequent crops__ 6966 Potassium sodium copper chloro- LABOR DEPARTMENT Texas flaxseed; 1969 purchase phyllin (chlorophyllin-copper Proposed Rule Making program ______6965 complex) ; listing for drug and cosmetic use exempt from cer­ Certain manpower programs; pro­ posed fiscal safeguards______6983 CONSUMER AND MARKETING tification ______6975 SERVICE Proposed Rule Making LAND MANAGEMENT BUREAU Kanamycin sulfate; proposed re­ Rules and Regulations vision knanamycin B content Notices Handling limitations: testing method______6983 Nevada; termination of proposed Grapefruit grown in Indian classification______6985 River District in Florida____ 6965 Notices Lemons grown in California and Methyl m-hydroxycarbanolate m- MONETARY OFFICES Arizona ______6965 methylcarbanilate; establish­ Regulations and standards for in­ ment of tolerance______6985 Rules and Regulations spection and certification of cer­ Old Virginia, Inc.; fruit jelly and Gold regulations; imports of gold tain agricultural commodities jams deviating from standards; c o in ______6982 and products thereof; postpone­ temporary permit for market (Continued on next page) ment of effective date______6963 testing ______6985 6959 6960 CONTENTS

SECURITIES AND EXCHANGE SOCIAL SECURITY TRANSPORTATION DEPARTMENT COMMISSION ADMINISTRATION See Coast Guard. Notices Rules and Regulations Top Notch Uranium and Mining Federal old-age, survivors, and TREASURY DEPARTMENT Corp.; order suspending trad­ disability insurance; procedures, See Fiscal Service; Monetary ing ______6994 payment of benefits, and dis­ Offices. qualifications of representa­ tives ______6973 Notices Statement of organization, func­ tions, and delegations of au­ thority; delegations of author­ ity to Bureau of Hearings and Appeals ______6985

List of CFR Parts Affected 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, 1969, and specifies how they are affected.

3 CFR 20 CFR 29 CFR P roclamation: 404_____ 6973 P roposed R ules: 3910______6961 21 CFR f 52______6983 7 CFR 8______6975 68______6963 120— ______6976 319______6963 121 (2 documents)______6976, 6977 31 CFR 128— ______6977 815______x~~ 6964 54...... 6982 910______6965 P roposed R ules: 912______1___ :1'_____ 6965 148h______6983 1421______6965 41 CFR 1434______6966 24 CFR 10 CFR 207______6980 14-2______6982 1______6972 213-____ 6980 14-7__ 6982 115______6972 220 ______6980 221 _—______6980 232______6981 49 CFR 18 CFR 235 ______1______6981 Proposed R ules: 236 _____ 6981 P roposed R ules: 50______- ______— 6984 1000______6982 160______— 6984 1100______— 6982 1203______6984 Presidential Documents

Title 3— THE PRESIDENT Proclamation 3910 MOTHER’S DAY, 1969 By the President of the United States of America A Proclamation Fifty-five years ago President Woodrow Wilson called upon the American people to display the flag as “a public expression of our love and reverence for the mothers of the country.” The United States of America and the world have changed greatly since then, but the desire and need for a public display of love and affection for our mothers has remained. How has such a day of commemoration survived the changes of taste, of value, of belief that have marked these years ? I am convinced that the answer lies in the fact that the essential things never change at all. Mother’s Day is set aside not only to publicly demonstrate what we all privately, feel about our mothers, but for another purpose: it serves to remind us all that there is, at the heart of things, a sense of mystery and wonder, a dimly-understood but strongly felt feeling of continuity and interdependence which binds all men together and which is most clearly seen in the miracle of motherhood. Nowhere in the complexity of the modern world are we more force­ fully reminded of the power of love against hate, of creation over destruction, of life against death than in the gentle strength, the deep compassion of a mother. On Mother’s Day we demonstrate to our mothers not only love for who they are but reverence for what they represénte the sacredness of human life and the majesty of the ancient principles which enhance it and guide it toward public and private virtue. A joint resolution of the Congress, approved on May 8, 1914, sets aside the second Sunday of May as the special day to pay Tribute to our mothers. NOW, THEREFORE, I, RICHARD NIXON, President of the United States of America, do hereby request that Sunday, May, 11, 1969, be observed as Mother’s D ay; and I direct the appropriate officials of the Government to display the flag of the United States on all Government buildings on that day. I call upon the people of the United States to honor the mothers of our country by displaying the flag at their homes or other suitable places and by expressions of love and respect. IN W ITNESS WHEREOF, I have hereunto set my hand this 25th day of April, in the year of our Lord nineteen hundred and sixty-nine, and of the Independence of the United States of America the one hundred and ninety-third.

[F.R. Doc. 69-5103; Filed, Apr. 25, 1969; 12:31 p.m.]

FEDERAL REGISTER, VOL. 34, NO. 80— SATURDAY, APRIL 26, 1969

6963 Rules and Regulations

Done at Washington, D.C., this 24th (d) Approved fumigation. (1) The ap­ Title 7— AGRICULTURE day of April 1969. proved fumigation shall consist of fumi­ gation with ethylene dibromide for 2 Chapter I— Consumer and Marketing G. R. G range, Deputy Administrator, hours at normal atmospheric pressure, Service (Standards, Inspections, Marketing Services. in a fumigation chamber which has been Marketing Practices) Department of [F.R. Doc. 69-5102; Filed, Apr. 25, 1969; approved for that purpose by the Plant Agriculture 11:30 a.m.] Quarantine Division. The ethylene di­ bromide must be applied as a liquid and PART 68— REGULATIONS AND volatilized within the sealed fumigation STANDARDS FOR INSPECTION AND Chapter III— Agricultural Research chamber in an electrically heated vapor­ CERTIFICATION OF CERTAIN Service, Department of Agriculture izing pan. The electrically heated vapor­ AGRICULTURAL COMMODITIES izing pan shall be controlled by a switch PART 319— FOREIGN QUARANTINE outside the chamber and shall be AND PRODUCTS THEREOF NOTICES equipped with a signal light to indicate Postponement of Effective Dates when the current is on or off. Fifteen Subpart— Fruits and Vegetables minutes after all liquid ethylene dibro­ On March 27, 1969, a revision of the R evision op Administrative I nstruc­ mide has been injected into the vaporiz­ regulations (7 CFR Part 68) under the tions P rescribing M ethod of T reat­ ing pan inside the fumigation chamber, Agricultural Marketing Act of 1946, as ment of Mangoes F rom Central the electric current for the vaporizing amended (7 U.S.C. 1621 et seq.), was pub­ America and W est Indies pan must be turned off, and the 2-hour lished in the F ederal R egister (34 F.R. Pursuant to the authority conferred period of exposure shall begin. The gas 5709) to become effective 30 days after shall be circulated within the chamber publication, except that the provisions by § 319.56-2 of the regulations (7 CFR 319.56- 2) supplemental to the Fruit and continuously for the 2-hour period by deleting references to the inspection of electric fans or blowers. The fans or U.S. grain in Canada and testing of wheat Vegetable Quarantine (Notice of Quar­ antine No. 56, 7 CFR 319.56), under sec­ blowers must be of a capacity to circu­ for protein content and sedimentation late the entire air mass within the cham­ value were to become effective 180 days tions 5 and 9 of the Plant Quarantine ber in 1 minute. after publication. Act of 1912 (7 U.S.C. 159, 162)., admin­ istrative instructions appearing as 7 CFR (2) (i) Mangoes treated because of The members of the rice industry re­ fruit flies of the genus Anastrepha from quested postponement of the effective 319.56- 2Ì are hereby amended to read as follows : the countries of West Indies and Central dates until after a discussion meeting America, except Bermuda, Costa Rica, could be held in New Orleans, La., during § 319.56—2! Administrative instructions Nicaragua, and Panama, shall be fumi­ the week of May 19. In view of the re­ prescribing method of treatment of gated with one of the following schedules: quest it is deemed appropriate to post­ mangoes from Central America and pone the effective dates of the revision, the West Indies. Fruit load in Dosage of ED B in oz./l,000 cu.ft./2 hours and under authority contained in sec­ chamber * ------— ------Fumigation with ethylene dibromide 50° F.-59’ F. 60° F.-69® F. 70° F. or above tions 203 and 205 of the Act (7 U.S.C. upon arrival, in accordance with the pro­ 1622 and 1624), the effective date of the cedures described in this section, is 25% or le s s ... 12 oz...... 10 oz...... 8oz. revision is hereby postponed until June 1, 26% to 49% ... 14 oz...... 12 oz...... 10 oz. hereby authorized as a condition-of- 50% to 80% ... 16 oz...... 14 oz_.¿...... 12 oz. 1969, except that the provisions deleting entry treatment for mangoes from Cen­ references to the inspection of U.S. grain tral America and the West Indies offered 1 % of chamber capacity. in Canada and the testing of wheat for for entry under permit under § 319.56-2. protein content and sedimentation value (a) Central America. As used in this The temperature shall be that of the shall become effective 180 days after the fruit. Cubic feet of space shall be that of section, the term “Central America” the unloaded chamber. date of publication of this notice-in the means the southern portion of North F ederal R egister. America from the southern boundary of (ii) Mangoes treated because of fruit If it appears after such meeting that Mexico to South America, including flies of the genus Anastrepha and the further consideration should be given to Guatemala, British Honduras, Honduras, Mediterranean fruit fly (Ceratitis capi- the merits of the revision, a notice of El Salvador, Nicaragua, Costa Rica, and tata Wiedemann) from the countries of further rule-making therefor will be Panama. Bermuda, Costa Rica, Nicaragua, and published in the F ederal R egister and (b) West Indies. As used in this sec­ Panama shall be fumigated with one of interested persons will be afforded op­ tion, the term “West Indies” means the the following schedules: portunity to comment thereon. Otherwise foreign islands lying between North and the revision shall become effective as Dosage of E D B in oz./1000 South America, the Caribbean Sea, and cu.ft./2 hours herein provided. the Atlantic Ocean, including, among Fruit load in chamber1 This document shall become effective others, Cuba, Jamaica, Hispaniola, and 60° F.-69“ F. 70°F. or above upon issuance. —- the Bahama, Leeward, and Windward 25% or less...... 10 oz______8 oz. 26% to 49%...... 12 o z ...... 10 oz. Since the purpose of the document is Islands, but excluding the chain ' of 50% to 80%...... 14 oz______12 oz. to delay at the request of the affected islands adjacent and parallel to the north industry the effective dates of certain coast of South America (the largest of 1 (% of chamber capacity). amendments which would otherwise take which are Aruba, Curacao, Bonaire, Tor­ The temperature shall be that of the effect on April 26, 1969, it is found upon tuga, Margarita, Trinidad and Tobago). fruit. Cubic feet of space shall be that good cause, under the administrative (c) Ports of entry. Mangoes to be of­ of the unloaded chamber. procedure provisions in 5 U.S.C. 553, that fered for entry must be shipped from the (3) Mangoes to be fumigated may be notice and other public procedure with country of origin directly to New York packed in slatted crates or well perforated respect to this document are imprac­ or such other North Atlantic ports as unwaxed cardboard cartons with wood ticable and good cause is found for may be named in the permit. Further­ excelsior packing material. Fumigation making this document effective less than more, shipments moving by air must be of individually wrapped mangoes is not 30 days after its publication in the so routed as to avoid landing at ports authorized unless wrappers are approved F ederal R egister. south of Baltimore. in advance by the Director of the Plant

FEDERAL REGISTER, VOL. 34, NO. 80— SATURDAY, APRIL 26, 1969 6964 RULES AND REGULATIONS

Quarantine Division. When loaded in the Done at Hyattsville, Md., this 23d day called the “Act”) for the purpose of fumigation chamber the crates or con­ of April 1069. amending Sugar Regulation 815.10 (34 F.R. 425), which established allotments tainers must be stacked evenly over the [seal] F. A. J ohnston, floor surface and the crates or containers Director, of the direct-consumption portion of the in a stack shall be separated at least 2 Plant Quarantine Division. 1969 mainland quota for Puerto Rico. inches on all sides by wooden strips or This amendment of S.R. 815.10 is nec­ other means, to insure adequate gas [F.R. Doc. 69-50071 Filed, Apr. 25, 1969; essary (1) to substitute in the allotment circulation. 8:48 a.m.] formula final 1969 data on entries of di­ (e) Other conditions. The unloading rect-consumption sugar for estimates of of mangoes from the means of convey­ Chapter VIII— Agricultural Stabiliza­ such quantities, (2) to give effect to the direct-consumption portion of the 1969 ance, their delivery to an approved fumi­ tion and Conservation Service gation plant, and the fumigation proce­ mainland quota for Puerto Rico amount­ dure shall be under the supervision of (Sugar), Department of Agriculture ing to 162,000 short tons, raw value, as an Inspector of the Plant Quarantine SUBCHAPTER B— SUGAR REQUIREMENTS AND established in S.R. 811, Amendment 3 (34 Division. The unloading and delivery and QUOTAS F.R. 6469) for 1969 and (3) to allot the any other handling prior to fumigation [Sugar Regulation 815.10, Arndt. 1] entire direct-consumption portion of the shall be conducted in accordance with 1969 quota. Previous 1969 allotments such safeguard requirements as the PART 815— ALLOTMENT OF DIRECT- were limited to 90 percent of the direct- Inspector may require to prevent the dis­ CONSUMPTION PORTION OF consumption portion of the quota in ef­ semination of injurious insects. Final MAINLAND SUGAR QUOTA FOR fect on January 1,1969. The substitution of final data for esti­ release of the mangoes for entry into PUERTO RICO the United States will1 be conditioned mates of 1968 direct-consumption entries upon compliance with such safeguard 1969 in finding (7) results in the 1964-68 aver­ requirements and the prescribed age annual marketings and 1964-68 high­ Basis and purpose. This amendment is est annual marketings as follows, which regulations. issued under section 205(a) of the Sugar (f) Costs. All costs of treatment and are used herein in determining the required safeguards and supervision, Act of 1948, as amended (hereinafter allotments: . other than the services of the supervising Average annual Highest annual Inspector during regularly assigned hours marketings 1964-68 marketings 1964-68 of duty and at the usual place of duty, Processor or refiner Short tons Percent of Short tons Percent of shall be borne by the owner of the fruit, raw value total or his representative. raw value total (g) Department not responsible for (1) (2) (3) (4) damage. The treatment prescribed in Central Aguirre Sugar Co., a trust...... 6,322 4.0956 6,913 4.1519 paragraph (d) of this section is judged Central Roig Refining Co...... 20,781 13.4626 22,508 13.5181 from experimental tests to be safe for Central San Francisco...... 1,009 .6536 1,344 .8072 use with mangoes. However, the Depart­ Puerto Rican American Sugar Refinery, Inc. 102,301 66. 2739 110,769 66.5267 ment assumes no responsibility for any Western Sugar Refining C o.______23,948 15.5143 24,969 14.9961 damage sustained through or in the Total. 154,361 100.0000 166,503 100.0000 course of such treatment, or because of pretreatment or posttreatment safe­ Findings heretofore made by the Sec­ Direct- consumption guards, or compliance with requirements retary in the course of this proceeding allotment imposed under paragraph (e) of this (34 F.R. 425) provide that this order section. shall, be revised without further notice (Short tons, Allottee raw value) (Sec. 9, 37 Stat. 318, 7 U.S.C. 162. Interprets or hearing for the purposes indicated or applies sec. 5, 37 Stat. 316, 7 U.S.C. 159. 29 above and such findings set forth the pro­ Liquid sugar reserve for persons F.R. 16210, as amended, 33 F.R. 15485; 7 CFR other than named above______25 319.56-2) cedure for the revision of allotments. Accordingly, allotments are herein es­ Total ______162, 000 These administrative instructions shall * * * * * become effective upon publication in the tablished on the basis of and consistent with such findings. (Secs. 205, 209, 403; 61 Stat. 926 as amended, F ederal R egister. 928 as amended, 932; 7 U.S.C. 1115,1119, 1153) The principal changes made by this Order. Pursuant to the authority vested revision are: (1) A greater range of tem­ in the Secretary of Agriculture by section Effective date: Allotments established peratures is provided at which mangoes 205(a) of the Act, and in accordance in this order for all allottees are larger may be treated as a condition of entry; with paragraph (c) of § 815.10 of this than the allotments established in S.R. and (2) the importation of mangoes un­ chapter, it is hereby ordered that para­ 815.10 (34 F.R. 425). To afford adequate der permit with fumigation treatment graph (a) of § 815.10 be amended to read opportunity to plan and to market the as a condition of entry is authorized from as follows: additional quantities of sugar in an or­ the Mediterranean fruit fly countries in § 815.10 Allotment of the direct-con­ derly manner, it is imperative that this the West Indies and Central America. It sumption portion of mainland sugar amendment becomes effective as soon as has been determined that these changes quota for Puerto Rico for the calen­ possible. Accordingly, it is hereby de­ can be made without risk of introducing dar year 1969. termined and found that compliance with plant pests into the United States. (a) Allotments. The direct-consump­the 30-day effective date requirement in These instructions relieve certain re­ tion portion of the 1969 mainland sugar 5 U.S.C. 553 is impracticable and con­ strictions and in order to be of maximum quota for Puerto Rico, amounting to 162,- trary to the public interest and, conse­ benefit to persons subject to the restric­ 000 short tons, raw value, is hereby al­ quently, the amendment made herein tions, they should be made effective as lotted as follows: shall become effective when published in promptly as possible. Accordingly, under Direct- the F ederal R egister. the administrative procedure provisions consumption allotment Signed at Washington, D.C., on of 5 U.S.C. 553, it is found upon good (Short tons, April 23,1969. cause that notice and other public pro­ Allottee raw value) Carroll G. Brunthaver, cedure with respect to these instructions Central Aguirre Sugar Co., a trust- 6, 679 Acting Administrator, Agricul­ are impracticable and unnecessary, and Central Roig Refining Co______21,851 tural Stabilization and Con­ Central San Francisco______1,183 they may be made effective less than 30 Puerto Rican American Sugar Refin­ servation Service. days after publication in the F ederal ery, Inc______107, 552 [F.R. Doc. 69-5008; Filed, Apr. 25, 1969; R egister. Western Sugar Refining Co______24, 710 8:48 a.m.]

FEDERAL REGISTER, VOL. 34, NO. 80— SATURDAY, APRIL 26, 1969 RULES AND REGULATIONS 6965

Chapter IX— Consumer and Market­ Arizona which may be handled during held; the provisions of this section, in­ ing Service (Marketing Agreements the period April 27, 1969, through May 3, cluding its effective time; are identical 1969, are hereby fixed as follows: with the aforesaid recommendation of and Orders; Fruits, Vegetables, (1) District 1: 4,650 cartons; the committee, and information con­ Nuts), Department of Agriculture (ii) District 2: 237,150 cartons; cerning such provisions and effective [Lemon Reg. 371] (iii) District 3: Unlimited movement. time has been disseminated among han­ (2) As used in this section, “handled,” dlers of such Indian River grapefruit; PART 910— LEMONS GROWN IN “District 1,” “District 2,” “District 3,” it is necessary, in order to effectuate the CALIFORNIA AND ARIZONA and “carton” have the same meaning as declared policy of the act, to make this when used in the said amended market­ section effective during the period herein Limitation of Handling ing agreement and order. specified; and compliance with this sec­ § 910.671 Lemon Regulation 371. (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. tion will not require any special prep­ (a) Findings. (1) Pursuant to the mar­ 601-674) aration on the part of persons subject hereto which cannot be completed on or keting agreement, as amended, and Or­ Dated: April 24, 1969. der No. 910, as amended (7 CFR Part before the effective date hereof. Such 910), regulating the handling of lemons P aul A. Nicholson, committee meeting was held on April 23, grown in California and Arizona, effec- Deputy Director, Fruit and 1969. tivé under the applicable provisions of Vegetable Division, Consumer (b) Order. (1) The quantity of grape­ the Agricultural Marketing Agreement and Marketing Service. fruit grown in the Indian River District Act of 1937, as amended (7 U.S.C. 601- [F.R. Doc. 69-5049; Filed, Apr. 25, 1969; which may be handled during the period 674), and upon the basis of the recom­ 8:48 a.m.] April 28, 1969 through May 4, 1969, is mendations and information submitted hereby fixed at 185,000 standard packed boxes. by the Lemon Administrative Commit­ [Grapefruit Reg. 62] tee, established under the said amended (2) As used in this section, “handled,” marketing agreement and order, and PART 912—-GRAPEFRUIT GROWN IN “Indian River District,” “grapefruit,” upon other available information, it is INDIAN RIVER DISTRICT IN FLORIDA and “standard packed box” have the hereby found that the limitation of han­ same meaning as when used in said dling of such lemons, as hereinafter pro­ Limitation of Handling amended marketing agreement and order. vided, will tend to effectuate the declared § 912.362 Grapefruit Regulation 62. policy of the act. (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. (2) It is hereby further found that it (a) Findings. (1) Pursuant to the601-674) marketing agreement, as amended, and is impracticable and contrary to the Dated: April 24, 1969. public interest to give preliminary notice, Order No. 912, as amended (7 CFR Part engage in public rule-making procedure, 912), regulating the handling of grape­ P aul A. Nicholson, and postpone the effective date of this fruit grown in the Indian River District Deputy Director, Fruit and Veg­ section until 30 days after publication in Florida, effective under the applicable etable Division, Consumer and hereof in the F ederal R egister (5 U.S.C. provisions of the Agricultural Marketing Marketing Service. 553) because the time intervening be­ Agreement Act of 1937, as amended (7 [F.R. Doc. 69-5050; Filed, Apr. 25, 1969; tween the date when information upon U.S.C. 601-674), and upon the basis of 8:48 a.m.] which this section is based became avail­ the recommendations and information able and the tame when this section must submitted by the Indian River Grape­ become effective in order to effectuate the fruit Committee, established under the Chapter XIV— Commodity Credit declared policy of the act is insufficient, said amended marketing agreement and Corporation, Department of Agri­ and a reasonable time is permitted, under order, and upon other available informa­ culture the circumstances, for preparation for tion, it is hereby found that the limita­ such effective time; and good cause exists tion of handling of such grapefruit, as SUBCHAPTER B— LOANS, PURCHASES, AND for making the provisions hereof effec­ hereinafter provided, will tend to effec­ OTHER OPERATIONS tive as hereinafter set forth.. The com­ tuate the declared policy of the act. [CCC Texas Flaxseed Bulletin, 1969 mittee held an open meeting during the (2) It is hereby further found that it Supplement] current week, after giving due notice is impracticable and contrary to the pub­ PART 1421— GRAINS AND SIMILARLY thereof to consider supply and market lic interest to give preliminary notice, conditions for lemons and the need for engage in public rule-making procedure, HANDLED COMMODITIES regulation; interested persons were and postpone the effective date of this Subpart— 1969 Texas Flaxseed afforded an opportunity to submit in­ section until 30 days after publication Purchase Program formation and views at this meeting; hereof in the F ederal R egister (5 U.S.C. the recommendation and supporting in­ 553) because the time intervening be­ P urchase P rice, P remiums, and formation for regulation during the tween the date when information upon Discounts period specified herein were promptly which this section is based became avail­ A special purchase program has been submitted to the Department after such able and the time when this section must authorized for 1969 crop flaxseed pro­ meeting was held; the provisions of this become effective in order to effectuate duced in designated Texas counties. This section, including its effective time, are the declared policy of the act is insuffi­ subpart contains provisions applicable identical with the aforesaid recommen­ cient, and a reasonable time is permit­ to the 1969 program and together with dation of the committee, and informa­ ted, under the circumstances, for prep­ the provisions contained in CCC Texas tion concerning such provisions and aration for such effective time; and good Flaxseed Bulletin (26 F.R. 3979, 29 F.R. effective time has been disseminated cause exists for making the provisions 6245) constitutes the 1969 Texas Flaxseed among handlers of such lemons; it "is hereof effective as hereinafter set forth. Purchase Program. necessary, in order to effectuate the de­ The committee held an open meeting clared policy of the act, to make this during the current week, after giving § 1421.3101 Purchase prices, premiums, section eff ective during the period herein due notice thereof, to consider supply and discounts. specified; and compliance with this sec­ and market conditions for Indian River (a) 1969 county purchase prices. Basic tion will not require any special prepara­ grapefruit, and the need for regulation; purchase prices per bushel of eligible tion on the part of persons subject interested persons were afforded an op­ flaxseed of the 1969 crop which is pro­ hereto which cannot be completed on or portunity to submit information and duced in the counties listed below and before the effective date hereof. Such views at this meeting; the recommenda­ which is delivered to authorized dealers committee meeting was held on April 22, tion and supporting information for reg­ under this program for the account of 1969. ulation during the period specified CCC will be at the rate established for (b) Order. (1) The respective quanti­ herein were promptly submitted to the the county where the flaxseed is de­ ties of lemons grown in California and Department after such meeting was livered. The basic purchase prices for

FEDERAL REGISTER, VOL. 34, NO. 80— SATURDAY, APRIL 26, 1969 No, 80 2 6966 RULES AND REGULATIONS flaxseed grading No. 1 and containing as amended; 15 U.S.C. 714 b and c; 7 U.S.C. § 1434.1 General statement. from 9.1 to 9.5 percent moisture are as 1447,1421.) This subpart contains the regulations follows: Effective date: Upon publication in the which set forth the requirements with T exas F ederal R egister. respect to price support for the 1968 and Rate per Rate per each subsequent crop of extracted honey bushel County bushel Signed at Washington, D.C., on April County 21,1969. for which a price support program is au­ Atascosa __ __ $2.61 Hidalgo ___$2.57 thorized. Price support will be made B e e ______2. 70 Jackson _. 2.61 K enneth E. F rick, B e n ______2.54 Jim Wells.___ 2.69 Executive Vice President, available through loans on and pur­ Bexar ____ 2.60 Karnes 2. 67 Commodity Credit Corporation. chases of eligible honey. Farm storage loans will be evidenced by notes and CaldweU__ __ 2.58 Lam ar___ 2.44 [F.R. Doc. 69-4991; Filed, Apr. 25, 1969; Calhoun__ — 2.63 Live Oak_.___ 2. 68 8:46 a.m.] secured by chattel mortgages. Coopera­ Comal ___ __ 2.58 McMullen .___ 2.63 tive (warehouse) storage loans will be D eW ltt___ 2. 62 Matagorda ___ 2.62 evidenced by notes and security agree­ Nueces 2.72 D im m it__ __ 2.50 PART 1434— HONEY ments and secured by the pledge of ware­ D u v al___ ^__ 2.64 Refugio 2. 71 house receipts representing eligible honey F rio ______2.57 San Patricio_2. 72 Subpart— Honey Price Support Regu­ Goliad ___ __ 2.68 Victoria ____2.65 in approved warehouse storage. The pro­ G onzales___ 2.60 Wharton _.___ 2.64 lations for 1968 and Subsequent ducer may also sell to CCC any or all of Guadalupe __ 2.59 W ilson_____ 2.64 Crops his eligible honey which is not security for a price support loan by delivering the (b) 1969 terminal market purchase The regulations issued by the Com­ honey tp CCC. As used in this subpart prices. 'The basic purchase price shall be modity Credit Corporation, published in “CCC” means the Commodity Credit $2.83 per bushel for flaxseed grading No. 33 F.R. 5203, 5659, 11705, and 34 F.R. Corporation and “ASCS” means the 1 and containing from 9.1 to 9.5 percent 246, and containing the honey price sup­ Agricultural Stabilization and Conser­ moisture delivered by rail or truck to port regulations for 1968 and subsequent vation Service of the U.S. Department of authorized dealers at the Corpus Christi crops are hereby revised to incorporate Agriculture. and Houston, Tex., terminal markets. amendments 1 through 3 and are There shall be deducted from such rate amended to permit heirs of decedent § 1434.2 Administration. the transportation cost, if any, as deter­ producers to continue or obtain price (a) Responsibility. The Farmer Pro­ mined by the Kansas City ASCS Com­ support loans on the decedents’ produc­ grams Division, ASCS, will administer modity Office, for moving the flaxseed to tion on meeting specified conditions, to this subpart under the general direction a tidewater facility located within the permit lienholders to continue liens on and supervision of the Deputy Adminis­ switching limits of the terminal market honey under loan on execution of a sub­ trator, State and County Operations, in to which it was delivered. In determin­ ordination agreement, to change the lot accordance with program provisions and ing the purchase price for flaxseed de­ sampling requirements, procedures and policy determined by the CCC Board of livered by truck to authorized dealers at cost assumption, to require execution of Directors and the Executive Vice Presi­ such terminal markets, there 'shall also a Purchase Agreement form to be eligible dent, CCC. In the field, this subpart will be deducted from the terminal rate 4.25 to sell honey to CCC, and to make other be administered by the various Agricul­ cents per bushel. minor changes. tural Stabilization and Conservation (c) Premium for low moisture content. Sec. State and County Committees (herein­ A premium of 1 cent per bushel shall be 1434.1 General statement. after severally called State Committee applied to eligible flaxseed which grades 1434.2 Administration. and county committee), ASCS Com­ No. 1 or No. 2 and contains 9.0 percent 1434.3 Eligible producers. modity Office and the ASCS Data Proc­ or less moisture. 1434.4 Eligibility requirements. essing Center. (d) Grade discounts. The following 1434.5 Filing or recording of chattel mortgages. (b) Documents. Any member of the discounts shall be applied to eligible flax­ 1434.6 Availability, disbursement, and ma­ county committee, the county office man­ seed which grades No. 2 or Sample turity of loans. ager, or other employee of the ASCS Grade: 1434.7 Eligible honey. county office designated by the county (1) No. 2—6 cents per bushel. 1434.8 Ineligible honey. office manager to act in his behalf is (2) Sample Grade—6 cents per bush­ 1434.9 Approved storage. authorized to- approve documents in ac­ el plus the following discounts, as 1434.10 Warehouse receipts. cordance with the provisions of this applicable: 1434.11 Applicable forms. program except where otherwise speci­ (i) Moisture: 1434.12 Liens. 1434.13 Fees and charges. fied in this subpart. Any such designa­ Percent Cents 1434.14 Setoffs. tion shall be in writing and a copy there­ 9. 6-10. 0 ______1 1434.15 Determination of quantity. of shall be on file in the county office. 10.1-10.5 _1______2 1434.16 Determination of quality. (c) Limitation of authority. The au­ 10.6-11.0 __T_____— ...... 3 1434.17 Interest rate. thority conferred by this subpart to ad­ Above 11.0______1 3 1434.18 Transfer of producer’s interest minister the honey price support pro­ 1Plus 1 cent for each Ho percent of mois­ prohibited. gram does not include authority to mod­ ture in excess of 11.0 percent. 1434.19 Insurance. 1434.20 Loss or damage. ify or waive any of the provisions of this (ii) Test weight: 3 cents for each one- 1434.21 Personal liability of the producer. subpart. half pound or fraction thereof of test 1434.22 Quantity for loan. (d) State committee. The State com­ weight below 47 pounds. 1434.23 Release of the honey under loan. mittee may take any action which is au­ (iii) Other factors: Amounts deter­ thorized or required by this subpart to be 1434.24 Liquidation of loans. taken by the county committee but which mined by CCC to represent market dis­ 1434.25 Purchases from producers. counts for quality factors not specified has not been taken by such committee. 1434.26 Settlement. The State committee may also (1) cor­ above which affect the value of flaxseed, 1434.27 Foreclosure. such as (but not limited to) heat dam­ rect or require a county committee to age, musty, and sour. Such discounts 1434.28 Charges not to be assumed by CCC. correct any action which was taken by 1434.29 Handling payments and collections such county committee but which is not will be established not later than the not exceeding $3. time delivery of flaxseed to CCC begins in accordance with this subpart or (2) 1434.30 Death, incompetency, or disappear­ require a county committee to withhold and will thereafter be adjusted from ance. time to time as CCC determines ap­ taking any action which is not in accord­ 1434.31 ASCS Commodity Office and Data ance with this subpart. propriate to reflect changes in market Processing Center. conditions. Producers may obtain sched­ (e) Executive Vice President, CCC. No ules of such factors and discounts at Authority : The provisions of this subpart delegation of authority herein shall pre­ issued under sec. 4,62 Stat. 1070, as amended; ASCS county offices. 15 U.S.C. 714b. Interpret or apply sec. 5, 62 clude the Executive Vice President, CCC, (Sec. 4 62 Stat. 1070, as amended; sec. 5, 62 Stat. 1072, secs. 201, 401, 63 Stat. 1052, 1054; or his designee, from determining any Stat. 1072; secs. 301, 401, 63 Stat. 1053, 1054, 15 U.S.C. 714c; 7 U.S.C. 1446, 1421. question arising under this subpart or

FEDERAL REGISTER, VOL. 34, NO. 80— SATURDAY, APRIL 26, 1969 RULES AND REGULATIONS 6967 from reversing or modifying any deter­ “producer” as used in this subpart and production unit shall not constitute mination made pursuant to a delegation on applicable price support forms shall succession. of authority in this subpart. refer both to an eligible producer as de­ (c) Doubtful cases. Any Producer or § 1434.3 Eligible producers. fined in paragraphs (a), (b), and (c) cooperative in doubt as to whether his of this section and to such an approved interest in the honey complies with the (a) Producer. An eligible producer cooperative marketing association. requirements of this section should, be­ shall be a person (i:e., an individual, (e) Approval by county committee. If fore requesting price support, make partnership, association, corporation, a producer has been convicted of a available to the county committee all estate, trust, or other legal entity) who criminal act or has made a misrepre­ pertinent information which will permit extracts honey produced by bees owned sentation in connection with any price a determination to be made by CCC. by him. support program or has unlawfully dis­ (b) Estates and trusts. A receiver of posed of any loan collateral or if the § 1434.5 Filing or recording of chattel an insolvent debtor’s estate, an executor county committee has had difficulty in mortgages. or an administrator of a deceased per­ settling a, loan with the producer because (a) Security. The county office shall son’s estate, a guardian of an estate of of his failure to protect properly the file or record as required by State law a ward or an incompetent person, and mortgaged honey or for other reasons, all chattel mortgages which cover honey trustee of a trust estate will be consid­ the producer may be denied price sup­ under loan and stored on leased prem­ ered to represent the insolvent debtor, port until the county committee is satis­ ises as described in § 1434.9(a) (1). As the deceased person, the ward or incom­ fied that CCC will be fully protected used in this subpart, the term “Chattel petent, and the beneficiary of a trust against any possible loss other than loss Mortgage” means any security instru­ respectively, and the production of the assumed by CCC under the regulations ment which secures a farm storage loan. receiver, executor, administrator, guard­ in this subpart. Where appropriate, the filing or recor­ ian, or trustee shall be considered to be (f) Joint loans. Two or more eligible dation as required by State law may be the production of the person he repre­ producers may obtain a joint loan on made by filing a financing statement sents. Loan or purchase documents eligible honey produced and extracted which describes the identity, quantity, executed by such legal representative will by them if stored in the same storage ownership, and location of the honey be accepted by CCC only if they are facility. Each producer who obtains a placed under loan. The cost of filing and legally valid and such person has the joint loan will be jointly and severally recording shall be for the account of authority to sign the applicable docu­ liable for the obligations under the loan CCC. ^ ments. documents and this subpart. (b) Revenue stamps. A farm storage (c) Minors. A minor who is otherwise § 1434.4 Eligibility requirements. note and chattel mortgage must have an eligible producer shall be eligible for State and documentary revenue stamps price support only if he meets one of (a) Beneficial interest. To be eligible affixed thereto when required by law. the following requirements: (1) The for price support, the beneficial interest (c) Restrictions in use of agents. A right of majority has been conferred on in the honey must be in the producer producer shall not delegate to any per­ him by court proceedings or statute; tendering it as security for a loan or for son (or his representative) who has any (2) a guardian has been appointed to purchase and must have always been in interest in storing, processing, or mer­ manage his property and the applicable him or in him and a former producer chandising honey authority to exercise price support documents are signed by whom he succeeded as owner of the bees on behalf of the producer any of the the guardian; (3) any note signed by the before the honey was extracted, except producer’s rights or privileges under this minor is cosigned by a financially re­ that heirs who (1) succeeded to the bene­ program or any loan agreement or other sponsible person; or (4) a bond is fur­ ficial interest of a decedent producer, (2) instrument executed in obtaining price nished under which a surety guarantees assume the decedent's obligation under support unless the person (or his repre­ to protect CCC from any loss incurred a loan if a loan has already been ob­ sentative) to whom authority is dele­ for which the minor would be liable had tained, and (3) assure continued safe gated is serving in the capacity of a farm he been an adult. storage of the honey, if under farm stor­ manager for the producer. Any delega­ (d) Approved cooperative. A coopera­ age loan, shall be eligible for price sup­ tion of authority given in violation of tive marketing association which is ap­ port as producers whether such succes­ this paragraph shall be without force proved by the Executive Vice President, sion occurs before or after extraction of and effect and shall not be recognized CCC, pursuant to Part 1425 of this the honey. If price support is made avail­ by CCC. chapter, to obtain price support on a able through an approved cooperative crop of extracted honey, may obtain marketing association, the beneficial in­ § 1434.6 Availability, disbursement, and price support on eligible production of terest in the honey must always have maturity o f loans. such crop of the commodity on behalf been in the producer members who de­ (a) Where to request price support. A of its members. A cooperative is not livered the honey to the approved co­ producer shall request price support at eligible to obtain price support on any operative or its member cooperatives or the local ASCS county office of the county quantity of honey produced by a member must always have been in them and in which the honey is stored. An ap­ (1) whose name is entered on a claim former producers whom they succeeded proved cooperative marketing association control record (indicating the indebted­ before the honey was extracted, except must request price support at the ASCS ness of such member) maintained by an as provided in the case of heirs of a county office for the county in which the ASCS county office, or (2) who owes an decedent producer. Honey acquired by a principal office of the cooperative is lo­ installment on a storage facility or dry­ cooperative marketing association shall cated unless the State committee desig­ ing equipment loan which is due, until not be eligible for price support if the nates some other ASCS county office. In the debt then due is paid or the coopera­ producer-members who delivered the the case of an approved cooperative mar­ tive receives information- from the ap­ honey to the cooperative or its member keting association having operations in plicable State or county office showing cooperatives do not retain the right to two or more States, requests may be made that such debt has been paid. Before share in the proceeds from the market­ at the county office for the county in tendering any quantity of honey to CCC ing of the honey as provided in Part 1425 which its principal office for each such for price support, the cooperative shall of this chapter. State is located. obtain from ASCS State or county of­ (b) Succession of interest. To meet the (b) Availability and maturity date. fices lists containing the names and the requirements of succession to a former The availability and maturity date ap­ identifying numbers of such persons. For producer, the rights, responsibilities and plicable to loans and purchases will be the information of the cooperative, these interest of the former producer with re­ specified in the annual crop year lists will also contain (3) names of per­ spect to ownership of the bees which supplement to the regulations in this sons having storage facility and drying produced the honey shall have been sub­ subpart, except that whenever the final equipment loan installments which will stantially assumed by the person claim­ date of availability or the maturity date become due during the period of loan ing succession. Mere purchase of the falls on a nonworkday for ASCS county availability, and (4) the dates such in­ honey prior to extraction without ac­ offices, the applicable final date shall be stallments will become due. The term quisition of any additional interest in the extended to include the next work day.

FEDERAL REGISTER, VOL. 34, NO. 80— SATURDAY, APRIL 26, 1969 6968 RULES AND REGULATIONS (c) Disbursement of loans. Disburse­able dents and rust. The handle of each move the honey from the premises on Its ment of loans will be made to producers container must be firm and strong termination. by means of drafts drawn on CCC or by enough to permit carrying the filled can. (2) Cooperative storage. Approved co­ credit to the producer’s account. The The cover and can opening must not be operative storage shall consist of a stor­ producer shall not present the loan damaged in any way that will prevent a age structure operated by an approved document for disbursement unless the tight seal. Cans which are punctured or cooperative marketing association as de­ honey covered by the mortgage or pledge have been punctured and resealed by fined in § 1434.3(d) and licensed to store has been extracted and is in approved soldering will not be acceptable. honey under the United States Ware­ storage. If the honey was not either in (2) Steel drums. Steel drums must behouse Act. existence or extracted at the time of dis­ open-end type, filled to their rated ca­ (b) Segregation of loan collateral. If bursement, the total amount disbursed pacities and be new, or used drums which the honey in a storage structure secures under the loan shall be refunded have been reconditioned inside and out­ more than one loan, the honey must be promptly by the producer. side. They must be clean, treated to pre­ segregated so as to preserve the identity of the honey securing each loan. Honey § 1434.7 Eligible honey. vent rusting and fitted with gaskets which provide a tight seal. securing a loan must also be segregated Honey must meet the requirements of from any honloan honey in the same this section in addition to other appli­ § 1434.8 Ineligible honey. structure. cable eligibility requirements of this sub­ (a) Floral source. Honey from the fol­ (c) Purchase. Purchases will be made part and the applicable annual supple­ lowing floral sources is not eligible for by CCC without regard to whether the ment thereto in order to be eligible for a price support regardless of whether it honey is in approved storage. loan or for delivery under a loan or meets other eligibility requirements: purchase. Honey described in § 1434.8 is Andromeda, Athel, Bitterweed, Broom- § 1434.10 W arehouse receipts. not eligible. weed, Cajeput, Carrot, Chinquapin, Dog (a) General. Warehouse receipts (a) Production. The honey must have Fennel, Desert Holly Hock, Gumweed, tendered to CCC under this program been produced and extracted in the Mescal, Onion, Prickly Pear, Prune, must meet the requirements of the regu­ United States by an eligible producer Queen’s Delight, Rabbit Brush, Snow­ lations in this subpart and Part 108 of during the calendar year for which price brush (Ceanothus), Snow-on-the-Moun- this title. support is requested. tain, Tarweed, and similar objectionable (b) Manner of issuance and endorse­ (b) Floral source. Honey from the flavored honey or blends of honey as ment. Warehouse receipts must be is­ floral sources listed below and honey determined by the Director, Farmer sued in the name of the approved coop­ having similar flavor shall be eligible Programs Division, ASCS. If any blends erative marketing association. The for price support and shall be classed as of honey contain such ineligible honey, receipts must be properly endorsed in follows: the lot as a whole shall be considered blank so as to vest title in the holder. (1) Table honey. Table honey means ineligible for loan or delivery for Receipts must be issued by a warehouse honey having a good flavor of the pre­ purchase. licensed to store honey under the United dominant floral source which can be (b) Contamination or poisonous sub­ States Warehouse Act and represent a readily marketed for table use in all stances. Honey which is contaminated or lot of extracted honey stored identity parts of the country. Such sources in­ which contains chemicals or other sub­ preserved. The receipt must be nego­ clude Alfalfa, Bird’s-foot Trefoil, Black­ stances poisonous to man or animals is tiable and must represent eligible honey berry, Brazil Brush, Catsclaw, Clover, not eligible for price support. actually in storage in the warehouse. Cotton, Firewood, Gallberry, Huajillo, (c) Containers. Honey packed in steel § 1434.11 Applicable forms. Lima Bean, Mesquite, Orange, Rasp­ drums which have removable liners of berry, Sage, Saw Palmetto, Soybean, The forms for use in connection with polyethylene, or other materials is not this program shall be as follows: Form Sourwood, Star Thistle, Sweetclover, Tu­ eligible for price support regardless of pelo, Vetch, Western Wild Buckwheat, CCC-614, Purchase Agreement; Form whether it meets other eligibility CCC-677, Farm Storage Note, Chattel Wild Alfalfa, and similar mild flavors, or requirements. blends of mild flavored honeys, as deter­ Mortgage, and Security Agreement; mined by the Director, Farmer Programs § 1434.9 Approved storage. Form CCC-678, Warehouse Storage Note % and Security Agreement; Form CCC-679, Division, ASCS. (a) Loans. Loans will be made only on (2) Nontable honey. Nontable honey Lien Waiver; Form CCC-681, Authoriza­ honey in approved farm storage or ap­ tion for Removal of Farm Stored Col­ means honey having a predominant fla­ proved cooperative storage as defined in vor of limited acceptability for table use lateral; Form CCC-687-1, Approval to this section. Move Loan Collateral; Form CCC-691, but which may be considered suitable for (1) Farm storage. Approved farm stor­ Commodity Delivery Notice; Form CCC- table use in areas in which it is produced. age shall consist of a storage structure 692, Settlement Statement; Form CCC- Such honeys include those with a pre­ located on or off the farm (excluding 693, Price Support Settlement Intention dominant flavor of Aster, Avocado, Buck­ public or commercial warehouses) which wheat (except Western Wild Buck­ (Farm Storage); Form CCC-694, Price is determined by the county committee Support Settlement Intention (Ware­ wheat), Cabbage Palmetto, Dandelion, to be under the control of the producer Eucalyptus, Goldenrod, Heartsease house Storage); and Form CCC-828, and to afford safe storage for honey. List Furnished to Cooperative Associa­ (Smartweed), Horsemint, Mangrove, Producers may also obtain loans on Manzanita, Mint, Partridge Pea, Rattan tions; and such other forms as may be honey stored on leased space in facilities prescribed by CCC. These forms may be Vine, Safflower, Salt Cedar (Tamarix owned by third parties in which the Gallica), Spanish Needle, Spikeweed, obtained in ASCS State and county honey of more than one person is stored offices. Titi-Toyon (Christmas Berry), Tulip- if the honey on such leased space to be Poplar, Wild Cherry, and similarly fla­ placed under loan is segregated from all § 1434.12 Liens. vored honey or blends of such honeys, as other honey, is identified by markings on If there are any liens or encumbrances determined by the Director, Farmer Pro­ each container of honey, and if the segre­ on the honey, waivers that will fully pro­ grams Division, ASCS. gated quantity of honey is identified by tect the interest of CCC must be obtained (c) Containers. The honey must be a lot number and the name of the pro­ even though the liens or encumbrances packed in metal containers of a capacity ducer as owner thereof. A copy of the are satisfied from the loan or purchase of not less than 5 gallons or greater than lease shall be obtained by the county proceeds. Notwithstanding the foregoing 70 gallons and of a style used in normal office before a loan is made. The lease provisions, in lieu of waiving his prior commercial practice in the honey shall authorize the producer and any lien on honey tendered as security for industry. a loan, a lienholder may execute a Lien­ (1) Five-gallon. The 5-gallon contain­ person having an interest in the honey holder’s S u b ord in ation Agreement ers must contain approximately 60 to enter on the premises to inspect and (Form CCC-864) with CCC in which he pounds of honey and shall be new, clean, examine the honey and shall permit a subordinates his security interest to the sound, uncased, and free from appreci­ reasonable time to such persons to re­ rights of CCC in the honey subject to the

FEDERAL REGISTER, VOL. 34, NO. 80— SATURDAY, APRIL 26, 1969 RULES AND REGULATIONS 6969 loan or such other quantity of honey as (2) Cooperative storage. The quantity § 1434.18 Transfer of producer’s inter­ is delivered in satisfaction of a loan un­ of honey acquired by CCC in approved est prohibited. der the provisions of this subpart. No cooperative storage in liquidation of a The producer shall not transfer either additional liens or encumbrances shall loan or delivery for purchase shall be his remaining interest in or his right to be placed on the honey after the loan is the net weight shown on the weight cer­ redeem honey mortgaged as security for approved. tificate accompanying and identified to a loan, nor shall anyone acquire such in­ § 1434.13 Fees and eharges. the warehouse receipt pledged to CCC terest or right. Subject to the provisions or representing honey offered to CCC for (a) Loan service fee. A producer shall purchase. of § 1434.23, a producer who wishes to pay a loan service fee of $4 for each farm liquidate all or part of his loan by con­ storage loan disbursed. An approved co­ § 1434.16 Determination of quality. tracting for the sale of the honey must operative marketing association shall pay (a) Quality for loan—(1) Farm stor­ obtain written prior approval of the a loan service fee of $2 for each coopera­ age. Loans on farm stored honey will be county office on a form prescribed by tive storage loan disbursed. The loan made on the basis of the floral source, CCC to remove the honey from storage. service fee is not refundable. color, and class (table or nontable) of the Any such approval shall be subject to (b) Delivery charge. A delivery charge honey as declared and certified by the the terms and conditions set out in the of 1 cent per hundredweight, in addi­ producer on the Farm Storage Work applicable form, copies of which may be tion to any loan service fee, shall be paid Sheet at the time the honey is placed obtained by producers or prospective by producers at time of settlement on under loan. purchasers at the ASCS county office. the quantity of honey acquired by CCC (2) Cooperative storage. Loans on co­ § 1434.19 Insurance. under the loan or purchase. operative stored honey will be made on the basis of (i) the class and (ii) the CCC will not require the producer to § 1434.14 Setoffs. floral source and color of the honey as insure the honey placed under a farm (a) Facility and drying equipment shown on the Extracted Honey Inspec­ stored loan; however, if the producer in­ loans. If any installment or installments tion and Weight Certificate accompany­ sures such honey and an indemnity is on any loan made by CCC on farm stor­ ing the warehouse receipt representing paid thereon, such indemnity shall inure age facilities or drying equipment are such honey. to the benefit of CCC to the extent of its payable under the provisions of the note (b) Samples for delivery. When honey extent of its interest, after first satisfy­ evidencing such loan out of any amount ing the producer’s equity in the honey is delivered to CCC, its quality and color involved in the loss. due the producer under these regulations, shall be determined by the Processed the amount due the producer, after de­ Products Standardization and Inspection § 1434.20 Loss or damage. duction of applicable fees and charges Branch, Fruit and Vegetable Division, The producer is responsible for any and amounts due prior lienholders, shall C&MS, in accordance with U.S. Stand­ loss in quantity or quality or any loss be applied to such installment (s). ards for Grades of Extracted Honey on due to change in color of the honey (b) Producers listed on claims control the basis of samples drawn by ASCS rep­ placed under loan. Notwithstanding the record. If a producer is indebted to CCC resentatives supervising delivery. Sam­ foregoing, any such loss arising solely or to any other agency of the United ples shall not be drawn until the from a physical injury to the honey oc­ States and such indebtedness is listed on producer has designated all lots. Single curring after disbursement of the loan the ASCS county claims control record, containers shall not be considered as lots funds will be assumed by CCC to the ex­ amounts due the producer under the pro­ unless necessitated by color or floral tent of the settlement value at the time gram provided in this subpart, after de­ source. The cost of quality and color de­ of destruction of the quantity of the duction of amounts payable on farm termination for a maximum of four lots honey destroyed up to a quantity not storage facilities or drying equipment shall be for the account of CCC. in excess of that required to secure the and other amounts provided in para­ (c) Segregation by color. Table honey outstanding loan (or, if the honey is not graph (a) of this section, shall be applied shall, insofar as is practicable, be segre­ destroyed, in an amount equivalent to as provided in the Secretary’s Setoff Reg­ gated into lots by color to conform with the extent of the loss as determined by ulations, Part 13 of this title, to such the color categories stated in the crop CCC) less any insurance proceeds to indebtedness. year supplement. If a lot of honey is not which CCC may be entitled and less any (c) Producer’s right. Compliance with segregated so that it can be certified as salvage value of the honey: Provided, the provisions of this section shall not one color in accordance with the U.S. That no such loss shall be assumed by deprive the producer of any right he Standards for Grades of Extracted CCC unless it is established to its satis­ might otherwise have to contest the Honey, the rate for settlement under a faction that: (a) The loss occurred to the justness of the indebtedness involved in loan or purchase shall be based on the honey without fault, negligence, or con­ the setoff action either by administrative darkest color shown on the inspection version on the part of the producer or appeal or by legal action. certificate: Provided, That if the inspec­ on the part of any other person having tion certificate at time of delivery to § 1434.15 Determination o f quantity. control of the storage structure; (b) the CCC shows that the lot of honey contains loss resulted solely from an external cause (a) For loan purposes. The estimated more than two colors and if the number (other than insect infestation, vermin or quantity of honey placed under loan of samples of the darkest color shown animals) such as theft, fire, lightning, shall be determined as provided in on such certificate is not more than one- inherent explosion, windstorm, cyclone, § 1434.22. The estimate shall be made on sixth of the total number of samples, the tornado, flood, or other act of God; (c) the basis of 12 pounds for each gallon of color for the purpose of settlement shall the producer gave the county office im­ rated capacity of the container. be the next lighter color. mediate notice of such loss or damage; (b) At time of acquisition— (1) Farm (d) Segregation by classes. If the and (d) the producer made no fraudulent storage. The quantity of honey acquired honey is not segregated so that it can representation in the loan documents or by CCC on delivery in liquidation of a be classified as table honey, the rate for in obtaining the loan. loan or delivery for purchase shall be settlement under a loan or purchase shall be based on the support rate for § 1434.21 Personal liability of the determined by weighing the honey deliv­ producer. ered under the direction of the State nontable honey. committee. The quantity of honey ac­ (e) Blends. In the case of blends of (a) Fraud relating to loans and un­ quired in 5-gallon cans shall be deter­ table and nontable honeys, the rate for lawful disposition. The making of any mined by using a tare weight of 2.5 settlement under a loan or purchase fraudulent representation by a producer pounds for each can. The quantity of shall be based on the support rate for in the loan documents in obtaining a honey acquired in 55-gallon drums shall nontable honey. loan, or in connection with settlement be determined by using a tare weight of § 1434.17 Interest rate. or delivery under a loan, or the unlawful 53 pounds for each drum unless the pro­ Loans shall bear interest at the rate disposition of any portion of the honey by ducer can furnish evidence of a lesser announced in a separate notice published him will render the producer subject to tare weight. in the F ederal R egister. criminal prosecution under Federal law.

FEDERAL REGISTER, VOL. 34, NO. 80— SATURDAY, APRIL 26, 1969 x

6970 RULES AND REGULATIONS

If a producer has made any such fraud­ establishing a loan percentage lower loan on or prior to maturity by repay­ ulent representation or unlawful dis­ than the maximum loan percentage, the ment of the amount of the loan with position, the loan shall become pay­ State committee shall consider the fol­ respect to the quantity of the honey to able upon demand and the producer shall lowing factors: (1) General crop condi­ be released plus interest. Each partial be personally liable, aside from any ad­ tions, (2) factors affecting quality pecu­ release must cover all of the honey rep­ ditional liability under criminal and civil liar to an area or State, and (3) climatic resented by one warehouse receipt. frauds statutes, for the amount of the conditions affecting storability. A new § 1434.24 Liquidation of loans. loan, for any additional amount paid to loan percentage shall apply only to new the producer in connection with the loans and not to loans already made. (a) General. Except with respect to honey, and for all costs which CCC would The loan percentage established by the the loss or damage CCC will assume not have incurred had it not been for State committee may be lowered by the under § 1434.20, the producer is required the producer’s fraudulent representa­ county committee on an individual pro­ to pay off his loan or deliver to CCC a tion or unlawful disposition, together ducer basis when determined to be neces­ sufficient quantity of eligible honey hav­ with interest on such amounts. If a pro­ sary in order to provide CCC with ade­ ing a price support value equal to the ducer has made any such fraudulent quate protection. Factors to be considered outstanding balance of the loan. Deliv­ representation or any unlawful disposi­ by the county committee are: (i) Condi­ eries may be either of the identical honey tion, the amount for which he shall be tion or suitability of the storage struc­ which is subject to the chattel mortgage credited will be the market value of the ture, (ii) condition of the honey, (iii) or of other honey of his production and honey as determined by CCC on the hazardous location of the storage struc­ extraction eligible for price support and date of delivery to or removal from stor­ ture, such as a location which exposes shall be made in accordance with age by CCC, or the sales price if the the structure to danger of hazards of written instructions issued by the honey is sold by CCC in order to deter­ flood, fire, and theft (when the percent­ county office which shall set forth the mine its market value. If the unlawful age is lowered for one or more of these time and place of delivery. In making disposition of loan collateral is deter­ hazards, the producer shall be notified delivery in liquidation of the loan, any mined by CCC not to have been willful in writing that CCC will not assume ^any quantity of eligible honey delivered in conversion, the value of the honey or loss or damage to the loan collateral re­ excess of the quantity necessary to set­ part thereof delivered to CCC or re­ sulting from the particular hazards to tle the amount due on the loan may be moved by CCC shall be the same as the which the structure was exposed), (iv) delivered to CCC notwithstanding the settlement value for eligible honey ac­ disagreement on the estimated quan­ provisions of § 1434.25 and settlement quired by CCC as provided in this subpart. tity, (v) producers who have been ap­ shall be made under § 1434.26. Delivery (b) Fraud relating to purchases. If the proved under § 1434.3(e), and (vi) fac­ points shall be limited to those approved producer has made a fraudulent rep­ tors peculiar to individual farms or by the Minneapolis ASCS Commodity resentation in a price support purchase producers as reported by the commodity Office. by CCC or in the purchase documents, loan inspector or as known to the county (b) Notice to county committee. If the he shall be personally liable, aside from office ^hich relate to the preservation or producer desires to deliver the honey any additional liability under criminal safety of the loan collateral. Farm stor­ to CCC, he must give the county com­ or civil frauds statutes, for any loss age loans may be made on less than the mittee notice in writing of his intention which CCC sustains upon the honey de­ maximum quantity eligible for loan at to do so within a reasonable time prior livered under the purchase. For the pur­ the producer’s request. In any event, the to the applicable loan maturity date. pose of this program, such loss shall be chattel mortgage shall cover all the (c) Honey going out of condition. If, deemed to be the price paid to the pro­ honey in the lot in which the honey on prior to delivery to CCC, the honey is ducer on the honey delivered under the which the loan is made is stored. going out of condition, the producer shall purchase plus all costs sustained by CCC (b) Cooperative storage. The amountso notify the county office and confirm in connection with the honey together of a loan on the quantity of eligible such notice in writing. If the county com­ with interest on such amounts, less the honey stored in a licensed warehouse mittee determines that the honey is market value, as determined by CCC, as operated by an approved cooperative going ou£ of condition or is in danger of the close of the market on the date of shall be based on a percentage, as de­ of going out of condition and that the delivery, or the net sales price of the termined by the State committee, of the honey cannot be satisfactorily condi­ honey if the honey is sold in order to net weight specified on the warehouse tioned by the producer, and delivery determine its market value. receipt representing the honey offered as cannot be accepted within a reasonable (c) Overdisbursement. If the amount security for the loan. Such percentage length of time, the county committee disbursed under a loan or purchase ex­ shall not exceed 95 percent of the weight shall arrange for an inspection and ceeds the price support value of the so specified. grade and quality determination. When honey upon settlement determined as delivery is completed, settlement shall authorized under this subpart, the pro­ § 1434.23 Release of the honey under loan. be made subject to the provisions of ducer shall be personally liable for re­ § 1434.20 on the basis of such grade and payment of the amount of such excess. (a) Obtaining release—farm storage. quality determination or on the basis of (d) Contamination or poisonous sub­ A producer shall not remove honey the grade and quality determination stances. A producer shall be personally covered by a chattel mortgage until he made at the time of delivery, whichever liable for any damages resulting from has received prior approval in writing is higher, for the quantity actually delivery to CCC of contaminated honey from the county committee. A producer delivered. or honey containing chemicals or other may, at any time, obtain release of all or (d) Delivery before maturity date. substances poisonous to man or animals. part of the honey remaining under loan When considered necessary to protect (e) Joint loans. In the case of joint by paying to CCC the amount of the loan the interest of CCC or when requested loans, the personal liability for the made with respect to the quantity of by the producer, the county committee amounts specified in this section shall be honey released plus interest. When the may call the loan and accept delivery of joint and several on the part of each proceeds of a sale of honey are needed the honey prior to the loan maturity producer signing the note. to repay all or part of the loan, see date. § 1434.18. § 1434.22 Quantity for loan. (b) Release of chattel mortgage. The (e) Storage -deduction for early deliv­ (a) Farm storage. Loans shall be made chattel mortgage shall not be released ery. If the loan maturity date is accel­ on not more than 90 percent (herein­ until the loan has been satisfied in full. erated upon request of the producer and after called “loan percentage”) of the After satisfaction of a loan, the county the acceleration is approved by CCC, the estimated quantity of eligible honey office manager shall release the chattel settlement value of the honey shall be stored in an approved farm storage to be mortgage. reduced by one-twentieth of a cent per covered by the chattel mortgage. The (c) Obtaining release—Cooperative' pound per month or fraction thereof, State committee may establish a lower storage. A cooperative may arrange with from the date delivery is accomplished, or loan percentage on a statewide basis or the county office for release of all or part from the final date for delivery shown for specified areas within the State. In of the honey under a cooperative storage in the delivery instructions, whichever is

FEDERAL REGISTER, VOL. 34, NO. 80— SATURDAY, APRIL 26, 1969 RULES AND REGULATIONS 6971

earlier, to and including the original loan honey is less than the amount due on the interest and charges if the collateral maturity date. loan (excluding interest), the amount of honey is sold to third persons as pro­ any deficiency plus interest thereon shall vided in paragraph (a) of this section § 1434.25 Purchases from producers. be paid to CCC. If it is not promptly Instead of full title to such collateral (a) Quantity eligible for purchase. An paid, CCC may, in addition to any of its honey being acquired by CCC as pro­ eligible producer may sell to CCC any or other rights, satisfy the amount of such vided in paragraph (b) of this section. all of his eligible honey which is not deficiency phis interest out of any pay­ (d) Honey sold at less than amount mortgaged to CCC under a loan: Pro­ ment which would otherwise be due the due on loan. If honey is removed from vided, That he executes and delivers to producer under any agricultural pro­ storage by CCC and is sold pursuant to the county office prior to the maturity gram administered by the Secretary of paragraph (a) of this section at less date a Purchase Agreement (Form CCC- Agriculture or any other payments which than the amount due on the loan (ex­ 614) indicating the approximate quan­ are due or may become due the producer cluding interest), the producer shall pay tity of honey he will sell to CCC. The pro­ from CCC or any other agency of the CCC the amount by which the settlement ducer is not obligated, however, to com­ United States. value (or, if higher, the sales proceeds) plete the sale by delivery of any quantity (e) Storage where CCC is unable toof the honey removed by CCC is less of his honey to CCC. Delivery points for take delivery. A producer may be re­ than the amount of the loan, plus inter­ honey under purchase shall be limited quired to retain the honey under loan or est on the amount of such deficiency. to those approved by the Commodity for sale to CCC for 60 days after the loan The amount of the deficiency may be set Office. maturity date without any cost to CCC. off against any payment which would (b) Delivery period. The producer de­ However, if CCC is unable to take de­ otherwise be due the producer under any siring to complete the sale of any quan­ livery of the honey within the 60-day agricultural program administered by tity of honey subject to a purchase agree­ period after the loan maturity date, the the Secretary of Agriculture, or any other ment must make delivery of the honey producer shall be paid a storage payment payments which are due or may become within the period of time, after the honey upon delivery of the honey to CCC. The due the producer from CCC or any other price support loan maturity date shown period for earning such storage payment agency of the United States. in the applicable crop supplement, spec­ shall begin the day following the expira­ ified in delivery instructions issued by § 1434.28 Charges not to be assumed by tion of the 60-day period after such ma­ CCC. the county office. Delivery shall be made turity date and extend through the ear­ to the location specified in such instruc­ lier of: (1) The final date of delivery, CCC will not assume any charges for tions. Notwithstanding any other pro­ or (2) the final date for delivery as insurance, storage, or handling or visions of this § 1434.25, in the case of specified in the delivery instructions is­ processing. eligible honey not under loan, the county sued to the producer by the county office, § 1434.29 Handling payments and col­ committee may, on request of a producer, whichever is earlier. The storage pay­ lections not exceeding $3. purchase and accept delivery of such ment shall be computed at the storage eligible honey prior to loan maturity date. rate stated in the applicable CCC stor­ In order to avoid administrative costs In the event of such purchase and deliv­ age agreement for honey in effect at the of making small payments and h andling ery, the settlement value of the honey delivery point where he delivers. small accounts, amounts of $3 or less shall be reduced as provided in para­ which are due the producer will be paid graph (e) of § 1434.24. § 1434.27 Foreclosure. only upon his request. Deficiencies of $3 or less, including interest, may be dis­ § 1434.26 Settlement. (a) Removal from storage. If the loan indebtedness (i.e., the unpaid amount of regarded unless demand for payment is (a) General. Except as provided in the note, interest and charges) is not made by CCC. §§ 1434.20 and 1434.21 and paragraph (b) satisfied upon maturity of the note, CCC § 1434.30 Death, incompetency, or dis­ of this section, settlement with thè may remove the honey from storage, and appearance. producer for eligible honey acquired by assign, transfer, and deliver the honey CCC under loan or purchase will be made or documents evidencing title thereto at In the case of the death, incompetency, on the basis of the quantity, class, qual­ such time, in such manner, and upon or disappearance of any producer who ity, and color of such honey as provided such terms as CCC may determine, at is entitled to the payment of any sum in this section and other applicable pro­ public or private sale. Any such disposi­ under a loan or purchase, payment of visions of this subpart. The settlement tion may similarly be effected without such sum upon proper application to the value of honey shall be the product of the prior removal of the honey from office of the county committee which the support rate for the class, grade, storage. The honey may be processed be­ made the loan shall be made to the per­ quality, and color times the quantity ac­ fore sale. CCC may become the purchaser sons who would be entitled to such pro­ quired at the time of settlement adjusted of the whole or any part of the honey ducer’s payment under the regulations by the discounts contained in the crop hereunder at either a public or private contained in Chapter VII, Agricultural supplement. The support rate per pound sale. Stabilization and Conservation Service of honey at which settlement will be (b) When CCC takes title to honey. (Agricultural Adjustment), Department made shall be the rate for the State Upon maturity and nonpayment of the of Agriculture, of this title (Payments of where the producer obtained price producer’s note, at CCC’s election, title Amounts Due Persons Who Have Died, support. to all or any part of the unredeemed Disappeared or Have Been Declared In­ (b) Ineligible honey inadvertently ac­ honey securing the note as CCC may des­ competent) . cepted by CCC. If ineligible honey is in­ ignate shall, without a sale thereof, im­ § 1434.31 ASCS Commodity Office and advertently accepted by CCC, the settle­ mediately vest in CCC. Whenever CCC Data Processing Center. ment value shall be the market value as acquires title to the unredeemed honey, of the date of delivery as determined by The Minneapolis ASCS Commodity CCC shall have no obligation to pay for Office serves all States for honey. Ac­ CCC. The provisions of § 1434.21 shall any market value which such honey may be applicable to settlement on ineligible counting, recording, and reporting for have in excess of the loan indebtedness. all States will be handled through the honey where there has been a fraudulent (c) Payments to producer. Nothing representation on the part of the herein shall preclude the making of the Data Processing Center, Post Office Box producer. following payments to the producer or to 205, Kansas City, Mo. 64141. (c) Payments of amount due producer. If the settlement value of the honey de­ his personal representative or heirs who Effective date: Upon publication in the meet the conditions set forth in § 1434.4, F ederal R egister. livered exceeds the amount due on the without right of assignment to or sub­ loan (excluding interest), such excess stitution of any other party: (1) Any Signed at Washington, D.C., on April amount shall be paid to the producer. amount by which the settlement value of 21,1969. Any payment due the producer on either K enneth E. F rick, a loan or purchase will be made by draft the collateral honey exceeds the prin­ Executive Vice President, drawn on CCC by the county office. cipal amount of the loan, or (2) the Commodity Credit Corporation. (d) Payment of deficiency by pro­ amount by which the proceeds of sale [F.R. Doc. 69-4990; Filed, Apr. 25, 1969; ducer. If the settlement value of the exceed the loan indebtedness including 8:46 a.m.]

FEDERAL REGISTER, VOL. 34, NO. 80— SATURDAY, APRIL 26, 1969 6972 RULES AND REGULATIONS The Official Seal is illustrated in (4) At governmental or public appear­ Title 10— ATOMIC ENERGY § 1.266. ances of AEC executives. Chapter I— Atomic Energy § 1.261 Custody of the AEC seal. (5) In private offices of senior officials. (6) As otherwise authorized by the Commission The Secretary shall be responsible for Secretary. custody of the AEC impression seals and PART 1— STATEMENT OF ORGANIZA­ of replica (plaque) seals. (b) The AEC flag must always be dis­ TION, DELEGATIONS AND GENERAL played with the U.S. flag. When the INFORMATION § 1.262 Use of the AEC seal, or replicas U.S. flag and the AEC flag are displayed thereof. on a speaker’s platform in an audi­ Commission Seal and Flag (a) The use of the AEC seal or repli­ torium, the U.S. flag must occupy the The official AEC seal was established by cas thereof is restricted to the following: position of honor and be placed at the .the Commission on March 6, 1957, pur­ (1) AEC letterhead stationery. AEC representative’s right as he faces suant to authority contained in section (2) AEC award certificates and the audience and the AEC flag must be 21 of the Atomic Energy Act of 1954, 42 medals. placed at his left. U.S.C. 2031. Notice of adoption of a seal, (3) Security credentials and employee § 1.265 Compliance and enforcement. together with a description of the seal, identification cards. (4) AEC .documents. These documents In order to insure adherence to the was published in the F ederal R egister on authorized uses of the AEC seal and flag March 19, 1957 (22 F.R. 1744), and is include, without limitation, agreements with States, interagency or intergovern­ as provided herein, a report of each sus­ codified in 10 CFR § 1.260. The Com­ pected violation of this part or ques­ mission has adopted an amendment of mental agreements, foreign patent ap­ plications, certifications, special reports tionable use of the AEC seal or flag 10 CFR Part 1, “Statement of Organiza­ should be submitted to the Secretary. tion, Delegations, and General Informa­ to the President and Congress and, at tion,” to establish criteria for use of the the discretion of the Secretary, other § 1 .2 6 6 Illustration o f the AEC seal. seal. The Commission has also adopted documents as he finds appropriate. criteria for use of the AEC flag, to be (5) Plaques. The design of the seal incorporated in 10 CFR Part 1. may be incorporated in plaques for dis­ play in Commission auditoriums, presen­ Because this amendment relates to tation rooms, lobbies, offices of senior AEC management and to public property, officials, on the fronts of buildings occu­ as described in section 4(2) of the Ad­ pied by AEC and in other appropriate ministrative Procedure Act of 1946, as locations at the discretion of the amended, 5 U.S.C. section 553(a) (2), the Secretary. Commission has found that general no­ (6) The AEC flag (which incorporates tice of proposed rule making and public the design of the seSl). procedure thereon are not required and (7) Official films prepared by or for that good cause exists why this amend­ the Commission, which the Director, Dated at Washington, D.C., this 23d ment should be made effective immedi­ Division of Public Information or his day of April 1969. ately without the customary period of designee determines warrant such For the Atomic Energy Commission. prior notice. identification. Pursuant to the Atomic Energy Act of (8) Official AEC publications which W . B. M cC ool, 1954, as amended, and the Administra­ represent the achievements or mission Secretary. tive Procedure Act of 1946, as amended, of AEC as a whole or which are spon­ [F.R. Doc. 69-4992; Filed, Apr. 25, 1969; the following amendment of 10 CFR sored by AEC and other Government de­ 8:45 a.m.] Part 1 is published as a document sub­ partments or agencies. ject to codification, to be effective upon (9) Such other uses as the Secretary publication in the F ederal R egister. or his designee finds appropriate. PART 115— PROCEDURE FOR REVIEW 10 CFR Part 1, Subpart F, is amended (b) Any use of the AEC seal or rep­ OF CERTAIN NUCLEAR REACTORS to read as follows: licas thereof other than as permitted by EXEMPTED FROM LICENSING RE­ Subpart F—Seal and Flag this section is prohibited. QUIREMENTS Sec. (c) Any person who uses the official 1.260 Establishment oi the AEC seal. AEC seal in a manner other than as per­ Contents of Applications 1.261 Custody of the AEC seal. mitted by this section shall be subject to On April 3,1969, F.R. Doc. 69-3852 was 1.262 Use of the AEC seal, or replicas the provisions of 18 UJS.C. 1017, which published in the F ederal R egister (34 thereof. provides penalties for the wrongful use 1.263 Establishment of the official AEC F.R. 6036), amending, among other flag. of an official seal, and other provisions things, the Atomic Energy Commission’s 1.264 Use of the AEC flag. of law as applicable. regulation 10 CFR Part 115. In paragraph 1.265 Compliance and enforcement. § 1.263 Establishment . of the official 6 of the amendments, the section being AEC flag. amended by deletion of paragraph (e) 1.266 Illustration of AEC seal. was erroneously referred to as § 115.23 Authority: The provisions of this Subpart The official AEC flag is based on the rather than § 115.22. Accordingly, the F issued under sec. 21, 68 Stat. 924; 42 U.S.C. design of the seal and was designed by text of paragraphs 6 and 7 in F.R. Doc. 2031; sec. 161, 68 Stat. 948; 42 U.S.C. 2201. the Heraldry Branch of the Office of the 69-3852 is amended to read as follows: Subpart F— Seal and Flag Quartermaster General in April 1957. The AEC flag is 4 feet 2 inches by 5 feet § 115.22 [Amended] § 1.260 Establishment of the AEC seal. 6 inches in size with a 38-inch diameter 6. Paragraph (e) of § 115.22 is deleted. Pursuant to the Atomic Energy Act of AEC seal incorporated in the center of a 7. A new paragraph (j) is added to 1954, as amended, the Commission has white field and with a yellow fringe. § 115.23 to read as follows: adopted an official seal the design and (Reference: Army QMG Dwg. 5-1-230, description of which follows: Nov. 28, 1956.) § 115.23 Contents of applications: tech­ nical information safety analysis On a dark blue disk, a stylized atomic sym­ § 1.264 Use o f the AEC flag. report. bol consisting of the nucleus, in orange red, (a) The use of the AEC flag is re­ Each application shall state the fol­ surrounded by four electrons tracing their stricted to the following: orbit in gold. On a light blue annulet edged lowing technical information: in gold the inscription “ATOMIC ENERGY (1) On or in front of AEC installation COMMISSION” in upper portion. In lower buildings. * * * * * portion, “UNITED STATES OF AMERICA.** (2) At AEC ceremonies. (j) The technical qualifications of the A five-pointed gold star appears between the applicant to engage in the proposed words “ATOMIC” and “UNITED” and an­ (3) At conferences involving official other between the words "COMMISSION** AEC participation (including permanent activities. and “AMERICA”. display in AEC conference rooms). (Sec. 161, 68 Stat. 948; 42 U.S.C. 2201)

FEDERAL REGISTER, VOL. 34, NO. 80— SATURDAY, APRIL 26, 1969 RULES AND REGULATIONS 6973

Dated at Washington, D.C., this 22d § 404.906 Administrative actions which Bureau of Retirement and Survivors In­ day of April 1969. are not initial determinations. surance, that reasonable doubt exists For the Atomic Energy Commission. * * * * * about whether the individual charged (g) The disqualification or suspen­ should be suspended or disqualified from W. B. M cCool, sion of an individual from acting as a acting as a representative before the Secretary. representative in a proceeding before the Social Security Administration, the [F.R. Doc. 69-4973; Filed, Apr. 25, 1969; Social Security Administration (see charges may be withdrawn. The notice 8:45 a.m.] § 404.979). of withdrawal shall be mailed to the in­ dividual charged at his last known 2. Sections 404.979, 404.980, and address. 404.981 are amended to read as follows: 3. Sections 404.982 through 404.990 Title 20— EMPLOYEES’ § 404.979 Disqualification or suspension are added to read as follows: of an individual from acting as a § 404.982 Referral to Bureau of Hear­ BENEFITS representative in proceedings before ings and Appeals for hearing and the Social Security Administration. Chapter III— Social Security Adminis­ decision. tration, Department of Health, Ed­ Whenever it appears that an individual If action is not taken to withdraw the has violated any of the rules in § 404.978, ucation, and Welfare charges before the expiration of 15 days or has been convicted of a violation, un­ after the time within which an answer [Regs. No. 4, further amended] der section 206 of the Social Security may be filed, the record of the evidence Act, or has otherwise refused to comply in support of the charges shall be re­ PART 404— FEDERAL OLD-AGE, SUR­ with the Secretary’s rules and regulations VIVORS, AND DISABILITY INSUR­ ferred to the Bureau of Hearings and governing representation of claimants Appeals with a request for a hearing and ANCE (1950----) before the Social Security Administra­ a decision on the charges. tion, the Deputy Commissioner, or the Subpart J— Procedures, Payment of Director (or Deputy Director) of the § 404.983 Hearing on charges. Benefits, and Disqualification of Bureau of Retirement and Survivors In­ (a) Hearing officer. Upon receipt of Representatives surance may institute proceedings as the notice of charges, the record, and the herein provided to suspend or disqualify request for hearing (see § 404.982), the On January 7, 1969, there was pub­ such individual from acting as a repre­ lished in the F ederal R egister (34 F.R. Director, Bureau of Hearings and Ap­ 207) a notice of proposed rule making sentative in proceedings before the peals, or his delegate shall designate a with proposed amendments to the Fed­ Administration. hearing examiner to act as a hearing eral Old-Age, Survivors, and Disability § 404.980 Notice of charges. officer to hold a hearing on the charges. No hearing officer shall conduct a hear­ Insurance regulations relating to the The Deputy Commissioner, or the Di­ procedures concerning the suspension or ing in a case in which he is prejudiced or rector (or Deputy Director) of the Bu­ partial with respect to any party, or disqualification of individuals from act­ reau of Retirement and Survivors Insur­ ing as representatives of claimants in where he has any interest in the matter ance will prepare a notice containing a pending for decision before him. Notice proceedings before the Secretary affect­ statement of charges that constitutes the ing matters within the jurisdiction of of any objection which a party to the basis for the preceeding against the in­ hearing may have to the hearing officer the Social Security Administration. In­ dividual. This notice will be delivered to terested persons were given the op­ who has been designated to conduct the the individual charged, either by certified hearing shall be made at the earliest op­ portunity to submit written comments, or registered mail to his last known ad­ views, or objections with regard to the portunity. The hearing officer shall con­ dress or by personal delivery, and will sider the objection (s) and shall, in his proposed regulations. No comments or advise the individual charged to file an discretion, either proceed with the hear­ objections have been received and the answer, within 30 days from the date ing or withdraw. If the hearing officer proposed regulations are hereby adopted the notice was mailed, or was delivered withdraws, another hearing officer shall to him personally, indicating why he be designated as provided in this sec­ without significant change and are set should not be suspended or disqualified forth below. tion to conduct the hearing. If the hear­ from acting as a representative before ing officer does not withdraw, the ob­ (Secs. 205, 206, 1102, and 1872, 53 Stat. 1368, the Social Security Administration. This as amended. 53 Stat. 1372, as amended, 49 jecting party may, after the hearing, 30-day period may be extended for good present his objections to the Appeals Stat. 647, as amended, 79 Stat. 332; sec. 5 cause shown, by the Deputy Commis­ of Reorganization Plan No. 1 of 1953, 67 Stat. Council as reason why he believes the 18, 631; 42 U.S.C. 405, 406, 1302, and 1395ii) sioner, or the Director (or Deputy Di­ hearing officer’s decision should be re­ rector) of the Bureau of Retirement and vised or a new hearing held before an­ Effective date. These regulations shall Survivors Insurance. The answer must other hearing officer. be effective upon publication in the be in writing under oath (or affirma­ (b) Time and place of hearing. The F ederal R egister. tion) and filed with the Social Security hearing officer shall notify the individual Administration, Bureau of Hearings and Dated: March 20,1969. charged and the Deputy Commissioner, Appeals, P.O. Box 2518, Washington, D.C. or the Director (or Deputy Director) of R obert M. Ball, 20013, with a copy to the Bureau of Re­ the Bureau of Retirement and Survivors Commissioner of Social Security. tirement and Survivors Insurance, 6401 Insurance, of the time and place for a Security Boulevard, Baltimore, Md. Approved: April 22, 1969. hearing on the charges. The notice of 21235, within the prescribed time limita­ the hearing shall be mailed to the in­ R obert H. F inch, tion. If an individual charged does not dividual charged at his last known ad­ Secretary of Health, file an answer within the time prescribed, dress and to the Deputy Commissioner, Education, and Welfare. he shall not have the right to present evi­ or the Director (or Deputy Director) of dence. However, see § 404.983(f) relating Subpart J— Procedures, Payment of the Bureau of Retirement and Survivors to statements with respect to sufficiency Insurance, not less than 20 days prior Benefits, and Representation of of the evidence upon which the charges Parties to the date fixed for the hearing. are based or challenging the validity of (c) Change of time and place for Regulations No. 4, as amended, of the the proceedings. hearing. The hearing officer may change Social Security Administration (20 CFR § 404.981 Withdrawal of charges. the time and place for the hearing

FEDERAL REGISTER, V O L 34, NO. «0— SATURDAY, APRIL 26, 1969 No. 80-----3 6974 RULES AND REGULATIONS

for the receipt of additional evidence at decision, or submittal of a recommended finds that the charges have been sus­ any time prior to the mailing of notice decision, reopen the hearing for the re­ tained, he shall either of the decision in the case (see ceipt of such evidence. The order in (1) Suspend the individual for a spec­ § 404.984). Reasonable notice shall be which the evidence and the allegations ified period of not less than 1 year, nor given to the parties of any change in the shall be presented and the conduct of more than 5 years, from the date of the time or place of hearing or of an ad­ the hearing shall be at the discretion of decision, or journment or reopening of the hearing. the hearing officer. (2) Disqualify the individual from (d) Parties. A person against whom (g) Evidence. Evidence may be re­ further practice before the Administra­ charges have been preferred under the ceived at the hearing, subject to the pro­ tion until such time as the individual provisions of § 404.979 shall be a party to visions herein, even though inadmissible may be reinstated under § 404.990. the hearing. The Deputy Commissionei’, under the rules of evidence applicable A copy of the decision shall be mailed to or the Director (or Deputy Director) of to court procedure. The hearing officer the Bureau of Retirement and Survi­ shall rule on the admissibility of evi­ the individual charged at his last known vors Insurance, shall also be a party to dence. address and to the Deputy Commis­ the hearing. sioner, or the Director (or Deputy Direc­ (h) Witnesses. Witnesses at thq hear­ tor) of the Bureau of Retirement and (e) Subpoenas. Any party to the hear­ ing shall testify under oath or affirma­ Survivors Insurance, together with no­ ing may request the hearing officer or a tion. The witnesses of a party may be tice of the right of either party to request member of the Appeals Council to issue examined by such party or by his repre­ the Appeals Council to review the deci­ subpoenas for the attendance and testi­ sentative, subject to interrogation by the sion of the hearing officer. mony of witnesses and for the produc­ other party or by his representative. The (b) Effect of hearing officer’s decision. tion of books, records, correspondence, hearing officer may ask such questions The hearing officer’s decision shall be papers, or other documents which are as he deems necessary. He shall rule upon final and binding unless reversed or relevant and material to any matter in any objection made by either party as to modified by the Appeals Council upon re­ issue at the hearing. The hearing officer the propriety of any question. view (see § 404.988). may on his own motion issue subpoenas (i) Oral and written summation. The (1) If the final decision is that the for the same purposes when he deems parties shall be given, upon request, a individual is disqualified from practice such action reasonably necessary for the reasonable time for the presentation of before the Social Security Administra­ full presentation of the facts. Any party an oral summation and for the filing tion, he shall not be permitted to repre­ who desires the issuance of a subpoena of briefs or other written statements of sent an individual in a proceeding before shall, not less than 5 days prior to the proposed findings of fact and conclusions the Administration until authorized to time fixed for the hearing, file with the of law. Copies of such briefs or other do so under the provisions of § 404.990. hearing officer a written request there­ written statements shall be filed in suffi­ for, designating the witnesses or docu­ cient number that they may be made (2) If the final decision suspends the ments to be produced, and describing available to any party in interest request­ individual for a specified period of time, the address or location thereof with suf­ ing a copy and to any other party de­ he shall not be permitted to represent an ficient particularity to permit such wit­ signated by the Appeals Council. individual in a proceeding before the nesses or documents to be found. The (j) Record of hearing. A complete Social Security Administration during request for a subpoena shall state the record of the proceedings at the hearing the period of suspension unless author­ pertinent facts which the party expects shall be made and transcribed in all ized to do so under the provisions of to establish by such witness or document cases. _ § 404.990. and whether such facts could be estab­ (k) Representation. The individual § 404.985 Right to request review of the lished by other evidence without the use charged may appear in person and he hearing officer’s decision. of a subpoena. Subpoenas, as provided may be represented by counsel or other (a) General. After the hearing officer for above, shall be issued in the name representative. has issued a decision, either of the par­ of the Secretary of Health, Education, (l) Failure to appear. If after due ties (see § 404.983) may request the Ap­ and Welfare, and the Social Security notice of the time and place for the hear­ peals Council to review the decision. Administration shall pay the cost of the ing, a party to the hearing fails to ap­ issuance and the fees and mileage of pear and fails to show good cause as to (b) Time and place of filing request any witness so subpoenaed, as provided why he could not appear, such party for review. The request for review shall in section 205 (cf) of the Act. shall be considered to have waived his be made in writing and filed with the (f) Conduct of the hearing. The hear­ right to be present at the hearing. The Appeals Council within 30 days from the ing shall be open to the parties and to hearing officer may hold the hearing so date of mailing the notice of the hearing such other persons as the hearing officer that the party present may offer evidence officer’s decision, except where the time or the individual charged deems neces­ to sustain or rebut the charges. is extended for good cause. The request­ sary or proper. The hearing officer shall ing party shall certify that a copy of the (m) Dismissal of charges. The hearing request for review and of any documents inquire fully into the matters at issue and officer may dismiss the charges in the that are submitted therewith (see § 404.- shall receive in evidence the testimony of event of the death of the individual 986) have been mailed to the opposing witnesses and any documents which are charged. party. relevant and material to such matters: (n) Cost of transcript. On the request Provided, however, That if the individual of a party, a transcript of the hearing be­ § 404.986 Procedure before Appeals charged has filed no answer he shall fore the hearing officer will be prepared Council on review of hearing officer’s have no right to present evidence but and sent to the requesting party upon the decision. in the discretion of the hearing officer payment of cost, or if the cost is not The parties shall be given, upon re­ may appear for the purpose of presenting readily determinable, the estimated quest, a reasonable time to file briefs or a statement of his contentions with re­ amount thereof, unless for good cause other written statements as to fact and gard to the sufficiency of the evidence or such payment is waived. law and to appear before the Appeals the validity of the proceedings upon § 404.984 Decision by hearing officer. Council for the purpose of presenting which his suspension or disqualification, oral argument. Any brief or other writ­ if it occurred, would be predicated or, in (a) General. As soon as practicableten statement of contentions shall be his discretion, the hearing officer may after the close of the hearing, the hear­ filed with the Appeals Council, and the make or recommend a decision (see ing officer shall issue a decision (or cer­ presenting party shall certify that a § 404.984) on the basis of the record tify the case with a recommended copy has been mailed to the opposing referred in accordance with § 404.982. If decision to the Appeals Council for deci­ party. the individual has filed an answer and if sion under the rules and procedures de­ the Rearing officer believes that there scribed in §§404.942 through 404.944) § 404.987 Evidence admissible on re­ is relevant and material evidence avail­ which shall be in writing and contain view. able which has not been presented at the findings of fact and conclusions of law. (a) General. Evidence in addition to hearing, the hearing officer may at any The decision shall be based upon the evi­ that introduced at the hearing before time prior to the mailing of notice of the dence of record. If the hearing officer the hearing officer may not be admitted

FEDERAL REGISTER, VOL. 34, NO. 80— SATURDAY, APRIL 26, 1969 RULES AND REGULATIONS 6975 except where it appears to the Appeals may be discontinued and dismissed upon •Council that the evidence is relevant and written application of the party or par­ T itle 21— FOOD AND DRUGS material to an issue before it and sub­ ties who filed the request for review ject to the provisions in this section. provided there is no party who objects Chapter I— Food and Drug Adminis­ (b) Individual charged filed answer. to discontinuance and dismissal. tration, Department of Health, Ed­ Where it appears to the Appeals Council (b) Death of party. Proceedings before ucation, and Welfare that additional relevant material is the Appeals Council may be dismissed available and the individua1 charged upon death of a party against whom SUBCHAPTER A— GENERAL filed an answer to the charges (see charges have been preferred. PART 8— COLOR ADDITIVES § 404.980), the Appeals Council shall re­ (c) Request for review not timely filed. quire the production of such evidence A request for review of a hearing officer’s Subpart F— Listing of Color Additives and may designate a hearing officer or decision shall be dismissed when the for Drug Use Exempt From Certifi­ member of the Appeals Council to re­ party has failed to file a request for re­ cation ceive such evidence. Before additional view within the time specified in § 404.985 evidence is admitted into the record, and such time is not extended for good Subpart H— Listing of Color Additives notice that evidence will be received with cause. for Cosmetic Use Exempt From Cer­ respect to certain issues shall be mailed tification to the parties, and each party shall be § 404.990 Reinstatement after suspen­ given a reasonable opportunity to com­ sion or disqualification. P otassium Sodium Copper Chlorophyl- ment on such evidence and to present (a) General. An individual shall be au­ lin (Chlorqphyllin-Copper Com­ other evidence which is relevant and tomatically reinstated to serve as a rep­ plex) ; Listing for D rug and Cosmetic material to the issues unless such notice resentative before the Social Security Use Exempt F rom Certification is waived. Administration at the expiration of any The Commissioner of Food and Drugs, (c) Individual charged did not file period of suspension. In addition, after based on consideration given a petition answer. Where the individual charged 1 year from the effective date of any (CAP 77) filed by Colgate-Palmolive Co., .filed no answer to the charges (see suspension or disqualification, an indi­ 300 Park Avenue, New York, N.Y. 10022, § 404.980), evidence in addition to that vidual who has been suspended or dis­ and other relevant material, finds that introduced at the hearing before the qualified from acting as a representative potassium sodium copper chlorophyllin hearing officer may not be admitted by in proceedings before the Social Security (chlorophyllin-copper complex) is safe the Appeals Council. Administration may petition the Appeals for use in os on drugs and cosmetics under Council for reinstatement prior to the the conditions prescribed in this order § 404.988 Decision by Appeals Council expiration of a period of suspension or and that certification is not necessary on review of hearing officer’s deci­ following a disqualification order. The sion. for the protection of the public health. petition for reinstatement shall be ac­ Therefore, pursuant to the provisions of The decision , of the Appeals Council companied by any evidence the indi­ the Federal Food, Drug, and Cosmetic shall be based upon evidence received vidual wishes to submit. The Appeals Act (sec. 706 (b), (c)(2), (d), 74 Stat. into the hearing record (see § 404.983 Council shall notify the Deputy Commis­ 399-403; 21 U.S.C. 376 (b), (c)(2), (d )) (f)) and such further evidence as the sioner, or the Director (or Deputy Di­ and under authority delegated to the Appeals Council may receive (see § 404.- rector) of the Bureau of Retirement and Commissioner (21 CFR 2.120): It is or­ 987) and shall either affirm, reverse, or Survivors Insurance, of the receipt of the dered, That Part 8 be amended by adding modify the hearing officer’s decision. The petition and grant him 30 days in which § 8.6014 to Subpart F and § 8.8004 to Sub­ Appeals Council, in modifying a hearing to present a written report of any ex­ part H, as follows: officer’s decision suspending the indi­ periences which the Administration may vidual for a specified period shall in no have had with the suspended or dis­ § 8.6014 Potassium sodium copper chlo- rophyllm ^chlorophyllin-copper com­ event reduce a period of suspension to qualified individual during the period p lex) . less than 1 year, or in modifying a hear­ subsequent to the suspension or disquali­ ing officer’s decision to disqualify an in­ fication. A copy of any such report shall (a) Identity. (1) The color additive dividual shall in no event impose a period be made available to the suspended or potassium sodium copper chlorophyllin is of suspension of less than 1 year. Where disqualified individual. a green to black powder obtained from the Appeals Council affirms or modifies (b) Basis of action. A request for rev­ chlorophyll by replacing the methyl and a hearing officer’s decision, the period of ocation of a suspension or a disqualifica­ phytyl ester groups with alkali and re­ suspension or disqualification shall be tion shall not be granted unless the placing the magnesium with copper. The effective from the date of the Appeals Appeals Council is reasonably satisfied source of the chlorophyll is dehydrated Council’s decision. Where a period of that the petitioner is not likely in the alfalfa. suspension or disqualification is initially future to conduct himself contrary to (2) Color additive mixtures for drug imposed by the Appeals Council, such the provisions of section 206(a) of the use made with potassium sodium copper suspension or disqualification shall be Social Security Act or the rules and reg-' chlorophyllin may contain only those effective from the date of the Appeals ulations of the Social Security Adminis­ diluents that are suitable and that are Coundl’s decision. The decision of the tration. listed in this subpart as safe for use in Appeals Council will be in writing and (c) Notice. Notice of the decision on color additive mixtures for coloring a copy of the decision will be mailed to the request for reinstatement shall be drugs. the individual at his last known address mailed to the petitioner and a copy shall (b) Specifications. Potassium sodium and to the Deputy Commissioner, or the be mailed to the Deputy Commissioner, copper chlorophyllin shall conform to the Director (or Deputy Director) of the or the Director (or Deputy Director) of following specifications and shall be free Bureau of Retirement and Survivors the Bureau of Retirement and Survivors from impurities other than those named Insurance. Insurance. to the extent that such other impurities § 404.989 Dismissal by Appeals Council. (d) Effect of denial. If a petition for may be avoided by good manufacturing practice: The Appeals Council may dismiss a reinstatement is denied, a subsequent request for the review of any proceed­ petition for reinstatement shall not be Moisture, not more than 5.0 percent. considered prior to the expiration of 1 Nitrogen, not more than 5.0 percent. ings instituted under § 404.979 pending pH of 1 percent solution, 9 to 11. before it in any of the following year from the date of notice of the pre­ Total copper, not less than 4 percent and not circumstances: vious denial. more than 6 percent. (a) Upon request of party. Proceed­ {F.R. Doc. 69—4997; Piled, Apr. 25, 1969; Free copper, not more than 0.25 percent. ings pending before the Appeals Council 8:47 am.] Iron, not more than 0.5 percent.

FEDERAL REGISTER, V O L 34, NO. 80— SATURDAY, APRIL 26, 1969 6976 RULES AND REGULATIONS

Lead (as Pb), not more than 20 parts per wherein the person filing will be adverse­ million. delegated to the Commissioner (21 CFR Arsenic (as As), not more than 5 parts per ly affected by the order and specify with 2.120), Part 120 is amended as follows: million. particularity the provisions of the order 1. By alphabetically inserting two Ratio, absorbance at 405 mp to absorbance at deemed objectionable and the grounds new items in § 120.3(e) (5), as follows: 730 mp, not less than 3.4 and not more for the objections. If a hearing is re­ than 3.9. quested, the objections must state the § 120.3 Tolerances for related pesticide Total color, not less than 75 percent. issues for the hearing, and such objec­ chemicals. * * * * * (c) Uses and restrictions. Potassium tions must be supported by grounds legally sufficient to justify the relief (e) * * * sodium copper chlorophyllin may be (5) * * * safely used for coloring dentifrices that sought. Objections may be accompanied are drugs at a level not to exceed 0.1 per­ by a memorandum or brief in support Diethyl 2-pyrazinyl phosphate. cent. Authorization for this use shall not thereof. All documents shall1 be filed in OjO-Diethyl O-2-pyrazinyl phosphorothioate. be construed as waiving any of the re­ six copies. * * * * * quirements of section 505 of the act with Effective ddte. This order shall become 2. By adding a new section to Subpart respect to the drug in which it is used. effective 60 days from the date of its C, as follows: (d) Labeling. The label of the color publication in the F ederal R egister, ex­ additive and any mixtures prepared cept as to any provisions that may be § 120.264 0,0-Diethyl O - 2 - pyrazinyl therefrom intended solely or in part for stayed by the filing of proper objections. phosphorothioate and its oxygen coloring purposes shall conform to the Notice of the filing of objections or lack analog; tolerances for residues. requirements of § 8.32. thereof will be announced by publication A tolerance of 0.1 part per million is (e) Exemption from certification. Cer­ in the F ederal R egister. established for negligible residues of the tification of this color additive is not (Sec. 706 (b), (c)(2), (d), 74 Stat. 399-403; insecticide 0,0-diethyl O-2-pyrazinyl necessary for the protection of the public 21 U.S.C. 376 (b), (c)(2), (d)) phosphorothioate and its oxygen analog health and therefore batches thereof are Dated: April 21, 1969. diethyl 2-pyrazinyl phosphate in or on exempt from the certification require­ the raw agricultural commodities broc­ ments of section 706(c) of the act. H erbert L. Ley, Jr., coli, brussels sprouts, cabbage, cauli­ Commissioner of Food and Drugs. flower, mint, and strawberries. § 8.8004 Potassium sodium copper chlo­ rophyllin (chlorophyllin-copper com­ [F.R. Doc. 69-4974; Filed, Apr. 25, 1969; Any person who will be adversely af­ p lex) . 8:45 a.m.] fected by the foregoing order may at any time within 30 days from the date of its (a) Identity and specifications. The publication in the F ederal R egister file color additive potassium sodium copper SUBCHAPTER B— FOOD AND FOOD PRODUCTS with the Hearing Clerk, Department of chlorophyllin shall conform in identity PART 120— TOLERANCES AND EX­ Health, Education, and Welfare, Room and specifications to the requirements of 5440, 330 Independence Avenue SW., § 8.6014 (a) C l ) and (b). EMPTIONS FROM TOLERANCES FOR Washington, D.C. 20201, written objec­ (b) Uses and restrictions. Potassium PESTICIDE CHEMICALS IN OR ON tions thereto, preferably in quintuplicate. sodium copper chlorophyllin may be RAW AGRICULTURAL COMMODI­ Objections shall show wherein the per­ safely used for coloring dentifrices that; TIES son filing will be adversely affected by are cosmetics subject to the following the order and specify with particularity conditions: OrO-Diethyl O-2-Pyrazinyl the provisions of the order deemed ob­ (1) It shall not be used at a level in Phosphorothioate jectionable and the grounds for the ob­ excess of 0.1 percent. A petition (PP 9F0777) was filed with jections. If a hearing is requested, the (2) It may be used only in combina­ objections must state the issues for the tion with the following substances: the Food and Drug Administration by American Cyanamid Co.,- Box 400, Prince­ hearing. A hearing will be granted if the Water. . ton, N.J. 08540, proposing the establish­ objections are supported by grounds le­ Glycerin. ment of tolerances for negligible residues gally sufficient to justify the relief Sodium carboxymetbylcellulose. of the insecticide 0,0-diethyl O-2-pyra- sought. Objections may be accompanied Tetras odium pyrophosphate. by a memorandum or brief in support Sorbitol. zinyl phosphorothioate and its oxygen thereof. Magnesium phosphate, tribasic. analog diethyl 2-pyrazinyl phosphate in Calcium carbonate. or on the raw agricultural commodities Effective date. This order shall become Calcium phosphate, dibasic. broccoli, brussels sprouts, cabbage, cauli­ effective on the date of its publication in Sodium IV-lauroyl sarcosinate. flower, mint, and strawberries at 0.1 part the F ederal R egister. Artificial sweeteners that are generally recog­ per million. (Sec. 408(d)(2), 68 Stat. 512; 21 U.S.C. nized as safe or that are authorized under The Secretary of Agriculture has certi­ 346a(d)(2)) Part 121 Of this chapter. fied that this pesticide chemical is useful Flavors that are generally recognized as safe for the purposes for which the tolerances Dated: April 18,1969. or that are authorized under Part 121 of this chapter. are being established. J. K. K irk, Preservatives that are generally recognized as Based on consideration given the data Associate Commissioner safe or that are authorized under Part 121 submitted in the petition, and other for Compliance. of this chapter. relevant material, the Commissioner of [F.R. Doc. 69-4975; Filed, Apr. 25, 1969; Food and Drugs concludes that: 8:45 a.m.] (c) Labeling. The label of the color 1. The tolerances established by this additive shall conform to the require­ order will protect the public health. ments. of § 8.32. PART 121— FOOD ADDITIVES (d) Exemption from certification. Cer­ 2. The insecticide and its oxygen ana­ tification of this color additive is not log should be added to the list of mem­ Subpart C— Food Additives Permitted necessary for the protection of the public bers of the class of cholinesterase- in Feed and Drinking Water of health and therefore batches thereof are inhibiting pesticides. Animals or for the Treatment of exempt from the certification require­ 3. Toleraiices are unnecessary regard­ Food-Producing Animals ments of section 706(c) of the act. ing meat or milk since the proposed usage Any person who will be adversely af­ is not reasonably expected to. result in Subpart D— Food Additives Permitted fected by the foregoing order may at any residues of the insecticide or its oxygen in Food for Human Consumption time within 30 days from the date of its analog occurring in these commodities. Thé usage is classified in the category Buqtjinolate publication in the F ederal R egister file with the Hearing Clerk, Department of specified in § 120.6(a) (3). § 121.291 [Amended] Health, Education, and Welfare, Room Therefore, pursuant to the provisions A. The Commissioner of Food and 5440, 330 Independence Avenue SW., of the Federal Food, Drug, and Cosmetic Drugs, having evaluated the data sub­ Washington, D.C. 20201, written objec­ Act (sec. 408(d)(2), 68 Stat. 512; 21 mitted in a petition filed by The Nor­ tions thereto. Objections shall show U.S.C. 346a(d) (2) ) and under authority wich Pharmacal Co., Post Office Box 191,

FEDERAL REGISTER, VOL. 34, NO. 80—-SATURDAY, APRIL 26, 1969 RULES AND REGULATIONS 6977

Norwich, N.Y. 13815, and other relevant PART 121— FOOD ADDITIVES Effective date. This order shall become material, concludes that § 121.191, the edective on the date of its publication in food additive regulation for buquinolate, Subpart D— Food Additives Permitted the F ederal R egister. should be amended by deleting the in Food for Human Consumption (Sec. 409(c)(1), 72 Stat. 1786; 21 U.S.C. 24-hour withdrawal period limitation. BHT AND BHA 348(c)(1)) Therefore, pursuant to the provisions of the Federal Food, Drug, and Cosmetic The Commissioner of Food and Drugs, Dated: April 18,1969. Act (sec. 409(c)(1), 72 Stat. 1786; 21 having evaluated the data in a petition J. K. K irk, U.S.C. 348(c)(1)) and under authority (FAP 9A2344) filed by Idaho Potato Associate Commissioner delegated to the Commissioner (21 CFR Foods, Inc., Post Office Box 596, Idaho for Compliance. 2.120), § 121.291 Buquinolate is amend­ Falls, Idaho 83401, and other relevant [F.R. Doc. 69-4976; Filed, Apr. 25, 1969; ed in the table in paragraph (a) by de­ material, concludes that the food addi­ 8:45 a.m.] leting from item 1.1 the limitation in tive regulations should be amended to the fifth column “withdraw 24-hours be­ provide for the safe use of BHT arid fore slaughter;”. BHA, alone or in combination, as anti­ PART 128— HUMAN FOODS; CURRENT oxidants in dehydrated potato shreds. B. Based upon the data before him and GOOD MANUFACTURING PRAC­ proceeding under the authority of the Therefore, pursuant to the provisions of act (sec. 409(c)(4), 72 Stat. 1786; 21 the Federal Food, Drug, and Cosmetic TICE (SANITATION) IN MANUFAC­ U.S.C. 348(c)(4)), delegated as cited Act (sec. 409(c)(1), 72 Stat. 1786; 21 TURE, PROCESSING, PACKING, OR above, the Commissioner further con­ U.S.C. 348(c)(1)) and under authority HOLDING cludes that where chickens are treated delegated to the Commissioner (21 CFR 2.120), Part 121 is amended as follows: In the F ederal R egister of Decem­ with the additive in accordance with ber 15,1967 (32 F.R. 17980), the Commis­ § 121.291, as amended herein, tolerance 1. Section 121.1034(b) is amended bysioner of Food and Drugs proposed the limitations are required to assure that alphabetically inserting in the list a new promulgation of Part 128 covering cur­ edible tissues and eggs from treated item, as follows: rent good manufacturing practice (sani­ chickens are safe for human consump­ § 121.1034 BHT. tation) in the manufacture, processing, tion. Accordingly, § 121.1002 is revised to 4« 4c 4c 4: 4c ^ packing, or holding of human foods. read as follows: (b) * * * Comments were received in response § 121.1002 Buquinolate. Limitations thereto which resulted in significant Tolerances for residues of buquinolate (total BHA changes in the proposed regulations, and and BHT) the Commissioner concluded that a re­ (ethyl-4-hydroxy - 6,7 - diisobutoxy - 3 - parts per quinolinecarboxylate) in edible tissues vised proposal should be published. The Food million revised proposal was published Decem­ and eggs of chickens are established as * * 4c * * 4c follows: 0.4 part per million in liver, ber 20, 1968 (33 F.R. 19023), and pro­ Dehydrated potato shreds______50 vided for the filing of comments within kidney, and skin with fat; 0.1 part per * * * * * 4c million in muscle; and 0.01 part per mil­ 30 days. The time for filing comments lion (negligible residue) in eggs. . * ♦ * 4: 4: 4c was extended to February 18, 1969, by a 2. Section 121.1035(b) is amended bynotice published January 10, 1969 (34 Any person who will be adversely af­ F.R. 399). fected by the foregoing order may at any alphabetically inserting in the list a new time within 30 days from the date of its item, as follows: In response to the revised proposal, publication in the F ederal R egister file communications were received from 46 § 121.1035 BHA. firms and trade associations. Some rec­ with the Hearing Clerk, Department of 4c 4c 4< 4c 4c Health, Education, and Welfare, Room ommended issuance of guidelines in place (k) * * * of regulations. Suggestions for changes 5440, 330 Independence Avenue SW., Limitations were mostly of a clarifying nature. A few Washington, D.C. 20201, written objec­ (total BHA offered full endorsement to the proposal. tions thereto, preferably in quintuplicate. and BHT) parts per Having considered the comments re­ Objections shall show wherein the per­ Food ’ million ceived and other relevant material, the son filing will be adversely affected by * 4c * * * * Commissioner concludes that the pro­ the order and specify with particularity Dehydrated potato shreds______50 posed regulations, with some of the sug­ the provisions of the order deemed ob­ * 4: 4c * * * gested changes adopted, should be pro­ mulgated as set forth below. jectionable and the grounds for the ob­ 4t 4c 4« 4c 4« Accordingly, pursuant to the provisions jections. If a hearing is requested, the Any person who will be adversely af­ of the Federal Food, Drug, and Cosmetic objections must state the issues for the fected by the foregoing order may at any Act (secs. 402(a)(4), 701(a), 52 Stat. hearing. A hearing will be granted if the time within 30 days from the date of its 1046, 1055; 21 U.S.C. 342(a)(4), 371(a)) objections are supported by grounds le­ publication in the F ederal R egister file and under authority delegated to the with the Hearing Clerk, Department of Commissioner (21 CFR 2.120), Title 21 gally sufficient to justify the relief Health, Education, and Welfare, Room sought. Objections may be accompanied is amended by adding to Chapter I a new 5440, 330 Independence Avenue SW., Part 128, as follows: by a memorandum or brief in support Washington, D.C. 20201, written objec­ thereof. tions thereto, preferably in quintuplicate. Sec. Objections shall show wherein the per­ 128.1 Definitions. Effective date. This order shall become son filing will be adversely affected by the 128.2 Current good manufacturing practice effective on the date of its publication in order and specify with particularity the (sanitation). the F ederal R egister. provisions of the order deemed objec­ 128.3 Plant and grounds. (Sec. 409(c) (1), (4), 72,Stat. 1786; 21 U.S.C. tionable and the grounds for the objec­ 128.4 Equipment and utensils. 348(c) (1), (4)) tions. If a hearing is requested, the ob­ 128.5 Sanitary facilities and controls. Dated: April 18,1969. jections must state the issues for the 128.6 Sanitary operations. hearing. A hearing will be granted if the 128.7 Processes and controls. J. K. K irk, objections are supported by grounds 128.8 Personnel. Associate Commissioner legally sufficient to justify the relief 128.9 Exclusions. for Compliance. sought. Objections may be accompanied Authority: The provisions of this Part [F.R. Doc. 69-4977; Filed, Apr. 25, 1969; by a memorandum or brief in support 128 issued under secs. 402(a) (4), 701 (a), 52 8:45 a.m.] thereof. Stat. 1046, 1055; 21 U.S.C. 342(a) (4), 371(a).

FEDERAL REGISTER, VOL. 34, NO. 80— SATURDAY, APRIL 26, 1969 6978 RULES AND REGULATIONS

§ 128.1 Definitions. materials as is necessary for sanitary utensils, or containers, or employee The definitions and interpretations operations and production of safe food. sanitary facilities require. contained in section 201 of the Federal Floors, walls, and ceilings in the plant (b) Sewage disposal. Sewage disposal Food, Drug, and Cosmetic Act are appli­ shall be of such construction as to be shall be made into an adequate sewer­ cable to such terms when used in this adequately cleanable and shall be kept age system or disposed of through other part. The following definitions shall also clean and in good repair. Fixtures, ducts, adequate means. apply: and pipes shall not be so suspended over (c) Plumbing. Plumbing shall be of (a) “Adequate” means that which is working areas that drip or condensate adequate size and design and adequately needed to accomplish the intended pur­ may contaminate foods, raw materials, installed and maintained to: pose in keeping with good public health or food-contact surfaces. Aisles or work­ ( 1 ) Carry sufficient quantities of water practice. ing spaces between equipment and be­ to required locations throughout the (b) “Plant” means the building or tween equipment and walls shâll be un­ plant. buildings or parts thereof, used for or in obstructed and of sufficient width to (2) Properly convey sewage and liquid connection with the manufacturing, permit employees to perform their duties disposable waste from the plant. processing, packaging, labeling, or hold­ without contamination of food or food- (3) Not constitute a source of con­ ing of human food. contact surfaces with clothing or per­ tamination to foods, food products or (c) “Sanitize” means adequate treat­ sonal contact. ingredients, water supplies, equipment, ment of surfaces by a process that is ef­ (2) Provide separation by partition, or utensils or create an insanitary fective in destroying vegetative cells of location^ or other effective means for condition. pathogenic bacteria and in substantially those operations which may cause con­ (4) Provide adequate floor drainage reducing other micro-organisms. Such tamination of food products with unde­ in all areas where floors are subject to treatment shall not adversely affect the sirable micro-organisms, chemicals, filth, flooding-type cleaning or where normal product and shall be safe for the or other extraneous material. operations release or discharge water or consumer. (3) Provide adequate lighting to other liquid waste on the floor. § 128.2 Current good manufacturing hand-washing areas, dressing and locker (d) Toilet facilities. Each plant shall practice (sanitation). rooms, and toilet rooms and to all areas provide its employees with adequate where food or food ingredients are ex­ toilet and associated hand-washing fa­ The criteria in §§ 128.3 through 128.8 amined, processed, or stored and where cilities within the plant. Toilet rooms shall apply in determining whether the equipment and utensils are cleaned. shall be furnished with toilet tissue. The facilities, methods, practices, and con­ Light bulbs, fixtures, skylights, or other facilities shall be maintained in a sani­ trols used in the manufacture, processing, glass suspended over exposed food in any tary condition and kept in good repair packing, or holding of food are in con­ step of preparation shall be of the at all times. Doors to toilet rooms shall formance with or are operated or ad­ safety type or otherwise protected to be self-closing and shall not open di­ ministered in conformity with good man­ prevent food contamination in case of rectly into areas where food is exposed ufacturing practices to assure that food breakage. to airborne contamination, except where for human consumption is safe and has (4) Provide adequate ventilation .or alternate means have been taken to pre­ been prepared, packed, and held under control equipment to minimize odors and vent such contamination (such as double sanitary conditions. noxious fumes or vapors (including doors, positive air-flow systems, etc.). § 128.3 Plant and grounds. steam) in areas where they may con­ Signs shall be posted directing employees taminate food. Such ventilation or con­ (a) Grounds. The grounds about a to wash their hands with cleaning soap trol equipment shall not create condi­ or detergents after using toilet. food plant under the control of the op­ tions that may contribute to food con­ erator shall be free from conditions (e) Hand-washing facilities. Adequate which may result in the contamination of tamination by airborne contaminants. and convenient facilities for hand wash­ food including, but not limited to, the (5) Provide, where necessary, effective ing and, where appropriate, hand sani­ following: screening or other protection against tizing shall be provided at each location (1) Improperly stored equipment, lit­ birds, animals, and vermin (including, in the plant where good sanitary prac­ ter, waste, refuse, and uncut weeds or but not limited to, insects and rodents). tices require employees to wash or sani­ grass within the immediate vicinity of § 128.4 Equipment and utensils. tize and dry their hands. Such facilities the plant buildings or structures that shall be furnished with running water at All plant equipment and utensils a suitable temperature for hand wash­ may constitute an attractant, breeding should be (a) suitable for their intended place, or harborage for rodents, insects, ing, effective hand-cleaning and sanitiz­ use, (b) so designed and of such material ing preparations, sanitary towel service and other pests. and workmanship as to be adequately (2) Excessively dusty roads, yards, or or suitable drying devices, and, where cleanable, and (c) properly maintained. appropriate, easily cleanable waste parking lots that may constitute a source The design, construction, and use of such of contamination in areas where food receptacles. equipment and utensils shall preclude (f) Rubbish and offal disposal. Rub­ is exposed. the adulteration of food with lubricants, (3) Inadequately drained areas that fuel, metal fragments, contaminated bish and any offal shall be so conveyed, may contribute contamination to food water, or any other contaminants. All stored, and disposed of as to minimize products through seepage or foot-borne equipment should be so installed and the development of odor, prevent waste filth and by providing a breeding place maintained as to facilitate the cleaning from becoming an attractant and har­ for insects or micro-organisms. borage or breeding place for vermin, and of the equipment and of all adjacent prevent contamination of food, food- If the plant grounds are bordered by spaces. contact surfaces, ground surfaces, and grounds not under the operator’s control water supplies. of the kind described in subparagraphs § 128.5 Sanitary facilities and controls. (1) through (3) of this paragraph, care Each plant shall be equipped with ade­ § 128.6 Sanitary operations. must be exercised in the plant by inspec­ quate sanitary facilities and accommo­ (a) General maintenance. Buildings, tion, extermination, or other means to dations including, but not limited to, the fixtures, and other physical facilities of effect exclusion of pests, dirt, and other following: the plant shall be kept in good' repair filth that may be a source of food (a) Water supply. The water supply and shall be maintained in a sanitary contamination. shall be sufficient for the operations in­ condition. Cleaning opérations shall be (b) Plant construction and design. tended and shall be derived from an conducted in such a manner as to min­ Plant buildings and structures shall be adequate source. Any water that contacts imize the danger of contamination of suitable in size, construction, and design foods or food-contact surfaces shall be food and food-contact surfaces. Deter­ to facilitate maintenance and sanitary safe and of adequate sanitary quality. gents, sanitizers, and other supplies em­ operations for food-processing purposes. Running water at a suitable temperature ployed in cleaning and sanitizing proce­ The plant and facilities shall: and under pressure as needed shall be dures shall be free of significant micro­ (1) Provide sufficient space for such provided in all areas where the process­ biological contamination and shall be placement of equipment and storage of ing of food, the cleaning of equipment, safe and effective for their intended

FEDERAL REGISTER, VOL. 34, NO. 80— SATURDAY, APRIL 26, 1969 RULES AND REGULATIONS 6979 uses. Only such toxic materials as are gating, preparing, processing, and stor­ jected or treated or processed to elimi­ required to maintain sanitary conditions, ing of food shall be conducted in accord nate the contamination where this may for use in laboratory testing procedures, with adequate sanitation principles. be properly accomplished. for plant and equipment maintenance Overall sanitation of the plant shall be (h) Packaging processes and mate­ and Operation, or in manufacturing or under the supervision of an individual rials shall not transmit contaminants processing operations shall be used or assigned responsibility for this function. or objectionable substances to the prod­ stored in the plant. These materials shall All reasonable precautions, including the ucts, shall conform to any applicable food be identified and used only in such man­ following, shall be taken to assure that additive regulation (Part 121 of this ner and under conditions as will be safe production procedures do not contribute chapter), and should provide adequate for their intended uses. contamination such as filth, harmful protection from contamination. (b) Animal and vermin control. No chemicals, undesirable micro-organisms, (i) Meaningful coding of products sold animals or birds, other than those es­ or any other objectionable material to or otherwise distributed from a manufac­ sential as raw material, shall be allowed, the processed product: turing, processing, packing, or repacking in any area of a food plant. Effective (a) Raw material and ingredients activity should be utilized to enable posi­ measures shall be taken to exclude pests shall be inspected and segregated as tive lot identification to facilitate, where from the processing areas and to protect necessary to assure that they are clean, necessary, the segregation of specific against the contamination of foods in or wholesome, and fit for processing into food lots that may have become contam­ on the premises by animals, birds, and human food and shall be stored under inated or otherwise unfit for their in­ vermin (including, but not limited to, conditions that will protect against con­ tendeds use. Records should be retained rodents and insects). The use of insecti­ tamination and minimize deterioration. for a period of time that exceeds the cides or rodenticides is permitted only Raw materials shall be washed or cleaned shelf life of the product* except that they under such precautions and restrictions as required to remove soil or other con­ need not be retained more than 2 years. as will prevent the contamination of food tamination. Water used for washing, (j) Storage and transportation of fin­ or packaging materials with illegal rinsing, or conveying of food products ished products should be under such con­ residues. shall be of adequate quality, and water ditions as will prevent contamination, in­ (c) Sanitation of equipment and uten­ shall not be reused for washing, rinsing, cluding development of pathogenic or sils. All utensils and product-contact or conveying products in a manner that toxigenic micro-organisms, and will pro­ surfaces of equipment shall be cleaned may result in contamination of food tect against undesirable deterioration of as frequently as necessary to prevent products. the product and the container. contamination of food and food prod­ (b) Containers and carriers of raw in­ § 128.8 Personnel. gredients should be inspected on receipt ucts. Nonproduct-contact surfaces of The plant management shall take all equipment used in the operation of food to assure that their condition has not contributed to the contamination or de­ reasonable measures and precautions to plants should be cleaned as frequently as assure the following : necessary to minimize accumulation of terioration of the products. (c) When ice is used in contact with (a) Disease control. No person affected dust, dirt, food particles, and other de­ by disease in a communicable form, or bris. Single-service articles (such as food products, it shall be made from po­ table water and shall be used only if it while a carrier of such disease, or while utensils intended for one-time use, pa­ affected with boils, sores, infected per cups, paper towels, etc.) should be has been manufactured in accordance with adequate standards and stored, wounds, or other abnormal sources of stored in appropriate containers and microbiological contamination, shall handled, dispensed, used, and disposed transported, and handled in a sanitary manner. work in a food plant in any capacity in of in a manner that prevents contamina­ which there is a.reasonable possibility tion of food or food-contact surfaces. (d) Food-processing areas and equip­ of food or food ingredients becoming con­ Where necessary to prevent the intro­ ment used for processing human food taminated by such person, or of disease duction of undesirable microbiological should not be used to process nonhuman being transmitted by such person to organisms into food products, all utensils food-grade animal feed or inedible prod­ other individuals. and product-contact surfaces of equip­ ucts unless there is no reasonable possi­ (b) Cleanliness. All persons, while ment used in the plant shall be cleaned bility, for the contamination of the hu­ working in direct contact with food prep­ and sanitized prior to such use and fol­ man food. aration, food ingredients, or surfaces lowing any interruption during which (e) Processing equipment shall be coming into contact therewith shall: such 'utensils and contact surfaces may maintained in a sanitary condition (1) Wear clean outer garments, main­ have become contaminated. Where such through frequent cleaning including san­ tain a high degree of personal clean­ equipment and utensils are used in a itization where indicated. Insofar as nec­ liness, and conform to hygienic practices continuous production operation, the essary, equipment shall be taken apart while on duty, to the extent neces­ contact surfaces of such equipment and for thorough cleaning. sary to prevent contamination of food utensils shall be cleaned and sanitized (f) All food processing, including products. on a predetermined schedule using ade­ packaging and storage, should be con­ (2) Wash their hands thoroughly (and quate methods for cleaning and sanitiz­ ducted under such conditions and con­ sanitize if necessary to prevent contami­ ing. Sanitizing agents shall be effective trols as are necessary to minimize the nation by undesirable micro-organism)- and safe under conditions of use. Any potential for undesirable bacterial or in an adequate hand-washing facility facility, procedure, machine, or device other microbiological growth, toxin before starting work, after each absence may be acceptable for cleaning and san­ formation, or deterioration or contami­ from the work station, and at any other itizing equipment and utensils if it is nation of the processed product or ingre­ time when the hands may have become established that such facility, procedure, dients. This may require careful monitor­ soiled or contaminated. machine, or device will routinely render ing of such physical factors as time, tem­ (3) Remove all insecure jewelry and, equipment and utensils clean and pro­ perature, humidity, pressure, flow-rate during periods where food is manipulated vide adequate sanitizing treatment. and such processing operations as freez­ by hand, remove from hands any jewelry (d) Storage and handling of cleaned ing, dehydration, heat processing, and that cannot be adequately sanitized. portable equipment and utensils. Cleaned refrigeration to assure that mechanical (4) If gloves are used in food handling, and sanitized portable equipment and breakdowns, time delays, temperature maintain them in an intact, clean, and utensils with product-contact surfaces fluctuations, and other factors do not sanitary condition. Such gloves should be should be stored in such a location and contribute to the decomposition or con­ of an impermeable material except where manner that product-contact surfaces tamination of the processed products. their usage would be inappropriate or in­ are protected from splash, dust, and (g) Chemical, microbiological, or ex­ compatible with the work involved. other contamination. traneous-material testing procedures (5) Wear hair nets, headbands, caps, shall be utilized where necessary to iden­ or other effective hair restraints. §128.7 Processes and controls. tify sanitation failures or food contami­ (6) Not store clothing or other per­ All operations in the receiving, in­ nation, and all foods and ingredients that sonal belongings, eat food or drink specting, transporting, packaging, segre- have become contaminated shall be re- beverages, or use tobacco in any form

FEDERAL REGISTER, VOL. 34, NO. 80— SATURDAY, APRIL 26, 1969 6980 RULES AND REGULATIONS

In areas where food or food Ingredients § 207.19 Required supervision of private endorsement of the loan for insurance, are exposed or in areas used for washing mortgagors. execute a building loan agreement, ap­ equipment or utensils. ***** proved by the Commissioner, setting (7) Take any other necessary precau­ (b) Rate of return. Dividends or other forth the terms and conditions under tions to prevent contamination of foods distributions, as defined in the charter, which progress payments may be ad­ with micro-organisms or foreign sub­ trust agreement, or regulatory agree­ vanced during construction. To be cov­ stances including, but not limited to, ment, may be declared or made only as of ered by mortgage insurance, each Perspiration, hair, cosmetics, tobacco, or after the end of a semiannual or progress payment shall be approved by chemicals and medicants. annual fiscal period. No dividends or the Commissioner. (c) Education and training. Personnel other distributions shall be declared or (Sec. 211, 52 Stat. 23; 12 U.S.C. 1715b. Inter­ responsible for identifying sanitation made except out of surplus cash legally prets or applies sec. 220, 68 Stat. 596, as failures or food contamination should available and remaining after: amended; 12 U.S.C. 1715k) have a background of education or ex­ ***** perience, or a combination thereof, to (c) Requirements incident to insur­ SUBCHAPTER G— HOUSING FOR MODERATE provide a level of competency necessary INCOME AND DISPLACED FAMILIES for production of clean and safe food. ance of advances. * * * Pood handlers and supervisors should (5) Prior to the initial endorsement ofPART 221— LOW COST AND MODER­ receive appropriate training in proper the mortgage for insurance, the mort­ ATE INCOME MORTGAGE INSUR­ gagor and the mortgagee shall execute a food-handling techniques and food-pro­ ANCE tection principles and should be cog­ building loan agreement, approved by the nizant of the danger of poor personal Commissioner, setting forth the terms Subpart C— Eligibility Requirements— hygiene and insanitary practices. and conditions under which progress Moderate Income Projects (d) Supervision. Responsibility for as­ payments may be advanced during con­ struction. To be covered by mortgage in­ In § 221.524(a) (1) a new subdivision suring compliance by all personnel with (iv) is added to read as follows: all requirements of this Part 128 shall be surance, each progress payment shall be clearly assigned to competent supervisory approved by the Commissioner. § 221.524 Prepayment privileges. ***** personnel. (a) Prepayment in full—(1) Without (Sec. 211, 52 Stat. 23; 12 U.S.C. 1715b. Inter­ § 128.9 Exclusions. prets or applies sec. 207, 52 Stat. 16, as prior Commissioner consent. * * * The following operatioijg are excluded amended; 12 U.S.C. 1713) (iv) Where the .mortgage is insured from coverage under these general reg­ pursuant to section 221(h) of the Act ulations, however, the Commissioner will and the prepayment occurs as a result issue special regulations when he believes SUBCHAPTER E— COOPERATIVE HOUSING of a sale of the individual units com­ it necessary to cover these excluded INSURANCE prising the project. operations: Establishments engaged PART 213— COOPERATIVE HOUSING # * * * * solely in the harvesting, storage, or MORTGAGE INSURANCE In § 221.531 the introductory text of distribution of one or more raw agricul­ paragraph (b) is amended to read as tural commodities, as defined in section Subpart A— Eligibility Requirements— follows: 201 (r) of the act, which are ordinarily Projects cleaned, prepared, treated or otherwise § 221.531 Supervision applicable to gen­ processed before being marketed to Section 213.27(d) is amended to read eral mortgagors. the consuming public. as follows: ***** Effective date. This order shall become § 213.27 Assurance of completion. (b) Rate of return. Dividends or other ♦ * * * * distributions, as defined in the charter, effective 30 days after its date of publica­ trust agreement, or regulatory agree­ tion in the F ederal R egister. (d) Prior to the initial endorsementment, may be declared or made only as (Secs. 402(a) (4), 701(a), 52 Stat. 1046, 1055; of the mortgage for insurance, the mort­ of or after the end of a semiannual or 21 U.S.C. 342(a) (4), 371(a)) gagor and the mortgagee shall execute annual fiscal period. No dividends or Dated: April 21,1969. a building loan agreement, approved by other distributions shall be declared or the Commissioner, setting forth the made except out of surplus cash legally H erbert L. Ley, Jr., terms and conditions under which prog­ available and remaining after: Commissioner of Food and Drugs. ress payments may be advanced during ***** [F.R. Doc. 69-4978; Filed, Apr. 25, 1969; construction. To be covered by mortgage 8:45 a.m.] insurance, each progress payment shall Section 221.541 is amended to read as be approved by the Commissioner. follows: * * * * * § 221.541 Building loan agreement. (Sec. 211, 52 Stat. 23; 12 U.S.C. 1715b. Inter­ Prior to the initial endorsement of the Title 24— HOUSING AND prets or applies sec. 213, 64 Stat. 54, as amended; 12 U.S.C. 1715e) mortgage for insurance, the mortgagor and the mortgagee shall execute a build­ HOUSING CREDIT ing loan agreement, approved by the Chapter II— Federal Housing Admin­ SUBCHAPTER F— URBAN RENEWAL HOUSING Commissioner, setting forth the terms istration, Department of Housing INSURANCE AND INSURED IMPROVEMENT and conditions under which progress LOANS payments may be advanced during con­ and Urban Development struction. To be covered by mortgage in­ PART 220— URBAN RENEWAL MORT­ surance, each progress payment shall be MISCELLANEOUS AMENDMENTS TO GAGE INSURANCE AND INSURED CHAPTER approved by the Commissioner. IMPROVEMENT LOANS In § 221.559b paragraph (c) (1) (ii) is The following miscellaneous amend­ amended to read as follows: ments have been made to this chapter: Subpart C— Eligibility Requirements— Projects § 221.559b Eligibility for insurance Subchapter D— Rental Housing under section 221 (j) of mortgage Insurance Section 220.611 is amended to read as financing purchase of existing proj­ follows: ect by cooperative. PART 207— MULTIFAMILY HOUSING §220.611 Building loan agreement. ***** MORTGAGE INSURANCE (C) * * * When the principal amount of the * * * Subpart A— Eligibility Requirements loan exceeds $40,000, and there is to be (ii) The project’s actual cost at the In § 207.19 the introductory text of insurance of advances during construc­ time of completion (as determined by the paragraph (b) and paragraph (c) (5) are tion of the improvements, the borrower Commissioner) or the project’s fair mar­ amended to read as follows: and lender shall, prior to the initial ket value for residential purposes as

FEDERAL REGISTER, VOL. 34, NO. 80— SATURDAY, APRIL 26, 1969 RULES AND REGULATIONS 6981 determined by the Commissioner on the from family gross annual income: Sec. basis of operating the project without Cl) 5 percent of such gross annual in­ 236.2 Definitions used In this subpart. the benefit of a below market interest come, in lieu of amounts to be withheld In Part 236, Subpart A a new § 236.2 rate mortgage or rent supplement pay­ (social security, retirement, health in­ is added to read as follows: ments and without the controls by the surance, etc.). Commissioner over the project imposed (2) Any unusual income or temporary § 236.2 Definitions used in this subpart. by the provisions in this subpart, which­ income, as defined by the Commissioner. As used in this subpart, the following ever amount is the greater. (3) The earnings of each minor in the terms shall have the meaning indicated: ***** family who is living with such family, (a) “Adjusted m onthly income” (Sec. 211, 52 Stat. 23; 12 U.S.C. 1715b. Inter­ plus the sum of $300 for each such means one-twelfth of the annual family pret or apply sec. 221, 68 Stat. 599, as minor. income remaining after making certain amended; 12 Ü8.C. 17151) * * * * * exclusions from gross annual income. - (d) “Gross annual income” means the The following items shall be excluded, total income, before taxes and other de­ in the order listed, from family gross SUBCHAPTER J— MORTGAGE INSURANCE FOR ductions, received by all members of the annual income: NURSING HOMES mortgagor’s household. There shall be (1) 5 percent of such gross annual PART 232— NURSING HOMES MORT­ included in this total income all wages, income, in lieu of amounts to be with­ GAGE INSURANCE social security payments, retirement held (social security, retirement, health benefits, military and veteran’s dis­ insurance, etc.). Subpart A— Eligibility Requirements ability payments, unemployment bene­ (2) Any unusual income or temporary fits, welfare benefits, interest and divi­ income, as defined by the Commissioner. Section 232.55 is amended to read as dend payments, and such other income follows: items as the Commissioner considers (3) The earnings of each minor in the family who is living with such family, § 232.55 Building loan agreement. appropriate. ***** plus the sum of $300 for each such minor. Prior to the initial endorsement of the (b) “Family” means two or more per­ mortgage for insurance, the mortgagor In § 235.15 paragraph (c) is amended sons related by blood, marriage, or op­ and the mortgagee shall execute a build­ to read as follows: eration of law, who occupy the same ing loan agreement, approved by the § 235.15 Eligible types of dwellings. dwelling or unit. Commissioner, setting forth the terms ***** (c) “Gross annual income” means the and conditions under which progress (c) A one-family unit in a condomin­total income, before taxes and other de­ payments may be advanced during con­ ductions, received by all members of the struction. To be covered by mortgage ium project (together with an undivided interest in the common areas and fa­ tenant’s household. There shall be in­ insurance, each progress payment shall cluded in this total income all wages, be approved by the Commissioner. cilities serving the project) which is released from a multifamily project, the social security payments, retirement Section 232.61(a) is amended to read construction or substantial rehabilita­ benefits, military and veteran’s disabil­ as follows: tion of which shall have been completed ity payments, unemployment benefits, § 232.61 Equity requirements. not more than 2 years prior to the welfare benefits, interest and dividend filing of the application for assistance payments and such other income items (a) Funds and finances—in general. as the Secretary considers appropriate. The mortgagor shall establish to the payments under Subpart C of this part. Commissioner’s satisfaction that, in ad­ The family unit shall have had no (d) “Handicapped” means a person dition to the proceeds of the insured previous occupant other than the who has a physical impairment which: mortgage, the mortgagor has adequate mortgagor. (1) Is expected to be of long-contin­ funds to meet the expenses of the project ***** ued and indefinite duration. (including the cost of equipment and In § 235.20 paragraphs (a) through (e) (2) Substantially impedes his ability supplies not to be purchased with mort­ are redesignated as paragraphs

FEDERAI REGISTER, VOL. 34, NO. *0— SATURDAY, APRIL Î6, 1959 No. 80------4 6982 RULES AND REGULATIONS

§236.70 Occupancy requirements. tion without a license of gold coins made and E.O. 6359, Oct. 25, 1933, E.O. 9193, as before 1934. Licenses will be required to amended, 7 F.R. 5205; 3 CIR 1943, Cum. (a) Initial occupancy. * * * Supp,, E.O. 10280, 16 F.R. 9499, 3 CFR, 1949- (4) A handicapped person. import any gold coins made during 1934 53 Comp.) * * * * * or later. Licenses for importation may be (Sec. 211, 52 Stat. 23, as amended, sec. 236, issued for coins minted before 1960 which Effective date: These amendments 82 Stat. 498, as amended; 12 U.S.C. 1715b, can be established to the satisfaction of shall become effective on publication in 1715z-l) the Director, Office of Domestic Gold and the F ederal R egister. Silver Operations, to be of recognized Dated: April 22,1969. special value to collectors of rare and SUBCHAPTER V— LAND DEVELOPMENT [seal] P aul A. Volcker, INSURANCE unusual coin and to have been originally issued to circulate as coinage within the Under Secretary for PART 1000— MORTGAGE INSURANCE country of issue. Licenses for importa­ Monetary Affairs. FOR LAND DEVELOPMENT tion may be issued for gold coins made [F.R. Doc. 69-4994; Filed, Apr. 25, 1969; during or subsequent to 1960 only in 8:46 a.m.] Subpart A— Eligibility Requirements cases where the particular coin was li­ Section 1000.80 is amended to read as censed for importation prior to April 30, follows: 1969. Because the amendments relieve an § 1000.80 Building loan agreement. existing restriction and in the case of Title 41— PUBLIC CONTRACTS coins made after‘1933 make no change in Prior to the initial endorsement of the present Regulations and licensing poli­ mortgage for insurance, the mortgagor AND PROPERTY MANAGEMENT cies, it-is found that notice and public Chapter 14— Department of the and the mortgagee shall execute a build­ procedure thereon are unnecessary. ing loan agreement, approved by the Interior Commissioiner, setting forth the terms Section 54.20 is amended to read: and conditions under which progress § 54.20 Rare coin. PART 14-2— PROCUREMENT BY payments may be advanced during con­ (a) Gold coin of recognized special FORMAL ADVERTISING struction. To be covered by mortgage in­ value to collectors of rare and unusual PART 14-7— CONTRACT CLAUSES surance, each progress payment shall be coin may be acquired, held, and trans­ approved by the Commissioner. ported within the United States without Correction of CFR as of Jan. 1, (Sec. 1010, 79 Stat. 464; 12 U.S.C. 1749jj) the necessity of holding a license there­ 1969 for. Such coin may be imported, however, The following amendments to 41 CFR SUBCHAPTER W— GROUP PRACTICE only as permitted by this section or Parts 14-2 and 14-7 published at 3 F.R. FACILITIES INSURANCE §§ 54.28 to 54.30, 54.34 or licenses issued 18579, Dec. 14, 1968, were inadvertently PART 1100— MORTGAGE INSURANCE thereunder, and may be exported only in omitted from 41 CFR Chapters 6 to 17, accordance with the provisions of § 54.25. AND GROUP PRACTICE FACILITIES revised as of Jan. 1,1969. (b) Gold coin made prior to 1934 is Subpart A— Eligibility Requirements considered to be of recognized special §14—2.405—50 Other irregularities in bids. Section 1100.67 is amended to read as value to collectors of rare and unusual follows: coin. All communications with the Comp­ (c) Gold coin made during or subse­ troller General will be conducted by the § 1100.67 Insured advances—building quent to 1934 is presumed not to be of Assistant Secretary for Administration: loan agreement. recognized special value to collectors of Provided, however, That contracting of­ Prior to the initial endorsement of the rare and unusual coin. ficers may submit bid irregularities and mortgage for insurance, the mortgagor (d) Gold coin made prior to 1934, may other questions pertaining to contract and the mortgagee shall execute a build­ awards directly to the Comptroller Gen­ ing loan agreement, approved by the be imported without the necessity of eral when demanded by exigency or pres­ Commissioner, setting forth the terms obtaining a license therefor. sure of circumstance. When time will per­ and - conditions under which progress (e) Gold coin made during or subse­ mit, consultation with members of the payments may be advanced during con­ quent to 1934 may be imported only pur­ Office of the Solicitor, either at its head­ struction. To be covered by mortgage in­ suant to a specific or general license is­ surance, each progress payment shall be quarters or regional or field office, shall approved by the Commissioner. sued by the Director, Office of Domestic be accomplished prior to such communi­ (Sec. 1101, 80 Stat. 1255, 1274; 12 U.S.C. Gold and Silver Operations. Licenses cation. A copy of the letter, with attach­ 1749 aaa-1 et seq.) under this paragraph may be issued only ments, if any, to the Comptroller General Issued at Washington, D.C., April 22, for gold coin made prior to 1960, which shall be forwarded simultaneously to the 1969. can be established to the satisfaction of Director, Office of Survey and Review and William B. Ross, the Director to be of recognized special to the Office of the Solicitor. Acting Federal value to collectors of rare and unusual Housing Commissioner. coin and to have been originally issued § 14—7.602—50(5) (a) Safely and health. [F.R. Doc. 69-4987; Filed, Apr. 25, 1969; for circulation within the country of (a) In the interest of uniformity the 8:46 a.m.] issue. Licenses may be issued for gold heads of bureaus and offices shall require coin made during or subsequent to 1960 in every construction contract the inclu­ in cases where the particular coin was sion of a safety and health clause simi­ Title 31— MONEY AND licensed for importation prior to lar to the one given below, containing April 30, 1969. Application for a specific as a minimum those requirements. Insert FINANCE: TREASURY license under this paragraph shall be in the blank space of the clause the title Chapter I— Monetary Offices, Depart­ executed on Form TG-31 and filed in of (1) the bureaus’ and offices’ own ap­ ment of the Treasury duplicate with the Director. proved construction safety manual, (2) (Sec. 5(b), 40 Stat. 415, as amended, secs. 3, “Construction Safety Standards” of the PART 54— GOLD REGULATIONS 8, 9, 11, 48 Stat. 340, 341, 342; 12 U.S.C. 95a, Bureau of Reclamation,1 or (3) “Manual Imports of Gold Coin 31 U.S.C. 442, 733, 734, 822b, E.O.. 6260, Aug. 28, 1933, as amended by E.O. 10896, 25 of Accident Prevention in Construction” Section 54.20 of the Gold Regulations F.R. 12281, E.O. 10905, 26 F.R. 321, E.O. (latest revised edition) of the Associated is being amended to permit the importa­ 11037, 27 F.R. 6967; 3 CFR, 1959-63 Comp. General Contractors of America, Inc.

FEDERAL REGISTER, VOL. 34, NO. 80— SATURDAY, APRIL 26, 1969 6983 Proposed Rule Making

(b) * * * sons may also submit written data, views, DEPARTMENT OF HEALTH, EDU­ (9) Kanamycin B content—(i) Test or argument by mailing four (4) copies to procedure. Proceed as directed in § 14 L- the Manpower Administrator not later CATION, AND WELFARE 110 (a), (b), and (c) of this chapter, than May 12, 1969, the date of the oral preparing the sample for assay as fol­ proceedings. Food and Drug Administration lows: .To 100 milligrams, accurately The oral proceedings shall be reported, weighed, of kanamycin sulfate in a suit­ and transcripts shall be available to any [ 21 CFR Part 148H 1 able container (such as a serum vial), interested person on such terms as the KANAMYCIN SULFATE add 5.0 milliliters of 6N hydrochloric Hearing Examiner may provide. The acid, and tightly close the container. Hearing Examiner shall regulate the Kanamycin B Content Testing Method Heat in a water bath at 100° C. for 1 course of the oral presentations, dispose hour and cool. Add 4 milliliters of 6N of procedural requests, objections, and Pursuant to the provisions of the Fed­ sodium hydroxide, then dilute with suffi­ comparable matters and confine the eral Food, Drug, and Cosmetic Act (sec. cient 0.1M potassium phosphate buffer, presentations to matters pertinent to this 507, 59 Stat. 463, as amended; 21 U.S.C. pH 8.0 (solution 3), to obtain an activity proposal. He shall have discretion to keep 357) and under authority delegated to equivalent to 1 microgram of kanamycin the record open for a reasonable, stated the Commissioner of Food and Drugs (21 per milliliter (estimated). time to receive written recommendations CFR 2.120), it is proposed that § 148h.l and supporting reasons and additional (b) (9) be revised to read as follows to (ii) Estimation of potency. Proceed as directed in § 141.110(d) of this chapter, data, views or argument from persons provide for an improved testing method who have participated in the oral for kanamycin B content: except calculate the micrograms of kan­ proceedings. § 148h.l Kanamycin sulfate. amycin B per milligram of sample as Upon completion of the oral proceed­ * * * * * follows: ings, the transcript thereof, together with the exhibits, written submissions and all P X 0.46 X dilution factor X 18.5 post-hearing recommendations and sup­ Kb (micrograms of kanamycin B per milligram of sample) porting reasons shall be certified to the Sample weight in milUgrams Assistant Secretary of Labor for Man­ power. Upon consideration of such mat­ where : ters and of such other information as p —Observed potency of the assay solu­ DEPARTMENT OF LABOR may be available, the Assistant Secre­ tion in micrograms of kanamycin tary will issue such regulations as he per milliliter: Office of the Secretary will deem appropriate. 0.46=Empirical factor to correct for the £ 29 CFR Part 52 1 Title 29 of the Code of Federal Regu­ fact that kanamycin B is 2.18 lations is proposed to be amended by times as potent as kanamycin CERTAIN MANPOWER PROGRAMS adding a new Part 52 as follows: on a weight basis; 18.5=Empirical factor to correct for the Proposed Fiscal Safeguards PART 52 — REQUIREMENTS FOR loss of kanamycin B activity due AGREEMENTS PROVIDING FINAN­ to heating the assay solution in To utilize in the summer work and acid. training programs under section 123(a) CIAL ASSISTANCE FOR SUMMER (1) of the Economic Opportunity Act of WORK AND TRAINING PROGRAMS (iii) Calculation of kanamycin B con­1964, as amended (42 U.S.C. 2740) the tent. Calculate the kanamycin B content UNDER TITLE lr PART Bf OF THE fiscal safeguards developed by, and ex­ ECONOMIC OPPORTUNITY ACT OF of the sample as follows: perience of, State employment security 1T6 X 100 agencies in making payments to individ­ 1964, AS AMENDED Percent of kanamycin B = ------, uals and in fraud and overpayment de­ Sec. JTr—1.18XJT» tection, I hereby propose to amend Title 52.1 Purpose. where : 29 of the Code of Federal Regulations by 52.2 General requirements. Kb= Micrograms of kanamycin B per milli­ adding a new Part 52 to include the pro­ 52.3 Exceptions. gram of sample; visions set forth below. The proposal is 52.4 Effective date. K t—Total kanamycin per milligram of made under authority contained in sec­ Authority: The provisions of this Part 52 sample. tion 602 of the Economic Opportunity issued under authority contained in section * * * * * Act of 1964, as amended (42 U.S.C. 2942) 602 of idle Economic Opportunity Act of 1964, and the delegation of authorities to the as amended, and the delegation of authorities Any interested person may, within 30 to the Secretary of Labor by the Director of days from the date of publication of this Secretary of Labor by the Director of the the Office of Economic Opportunity, 33 F.R. notice in the F ederal R eg ister , file with Office of Economic Opportunity published 15139. the Hearing Clerk, Department of in the F ederal R egister at 33 F.R. 15139. Health, Education, and Welfare, Room In order that interested persons may § 52.1 Purpose. 5440, 330 Independence Avenue SW., have an opportunity to participate in The purpose of this part is to provide Washington, D.C. 20201, written com­ the rule making process, oral data, views, for the utilization in summer work and or argument will be received by a Hear­ training programs under section 123(a) ments (preferably in quintuplicate) re­ ing Examiner to be designated for this garding this proposal. Comments may be (1) of the Economic Opportunity Act of purpose, on May 12, 1969, beginning at 1964, as amended, of the fiscal safeguards accompanied by a memorandum or brief 10 a.m. in room 107-A of the UJ3. De­ developed by State employment security in support thereof. partment of Labor building at 14th Street agencies and the experience of such Dated: April 18, 1969. and Constitution Avenue NW., Wash­ agencies in making payments to indi­ ington, D.C. viduals and in fraud and overpayment J. K. K irk, Any person wishing to participate in detection. Associate Commissioner the oral proceedings shall state at the for Compliance. inception thereof his name, address, his § 52.2 General requirements. [PJB. Doc. 69-4979; Piled, Apr. 25, 1969; interest, and the amount of time his All agreements providing financial as­ 8:45 a.m.] presentation will require. Interested per­ sistance for summer work and training

FEDERAL REGISTER, VOL. 34, NO. 80— SATURDAY, APRIL 26, 1969 6984 PROPOSED RULE MAKING programs under section 123(a) (1) of the standards for regulated utilities as pur­ In order to aid the parties in preparing Economic Opportunity Act of 1964, as chasers of specified goods and services their arguments, we note at this point amended, shall contain provisions that exceeding $100,000. that the suggestions with regard to sim­ the sponsor (a) will assure that pay­ In response to this notice of proposed plification of bidding-list procedures (see, ments to enrollees in such programs, rulemaking, comments have been re­ e.g., comments of Consolidated Edison, whether employed by the sponsor or ceived from numerous persons and or­ pp. 6-9) are convincing and well taken others, shall be made by the State em­ ganizations, including Members of Con­ and it will be unnecessary further to ployment security agency of the State gress, Federal and State agencies, public develop this point at the hearing. in which the sponsor is located; (b) will utilities, hydroelectric licensees, natural The Commission orders:’ Oral argu­ furnish the State employment security gas companies,' equipment manufac­ ment before the Commission in Docket agency data on the basis of which such turers, contractors, trade associations, No. R^345 shall be held on May 26, 1969, payments will be made; (c) will provide and various individuals. Some of these at 10 a.m., e.d.s.t., in a hearing room of such access to books, records and work­ comments supported the proposed regu­ the Federal Power Commission, 441 G sites as will enable the State employment lation, others proposed modifications and Street NW., Washington, D.C. All in­ security agency to verify the propriety many were opposed to the regulation. In terested persons desiring to participate of payments by it; and (d) will otherwise addition, a number of persons requested a in the oral argument shall inform the cooperate with the State employment public hearing. Secretary of the Commission in writing security agency to assure the effective In view of the diversity of the com­ not later than April 30, 1969, of the administration of the summer work and ments and the requests for a public hear­ length of time desired for their oral pres­ training program. The services of the ing, we have determined that it would entations. No further written briefs or State employment security agency shall be appropriate to hold oral argument on memoranda should be filed. be procured by the sponsor on a cost re­ the proposed regulation. This argument imbursable basis and in accordance with will be held on May 26, 1969, and it is By the Commission. the applicable agreement between the our intention that it be concluded in 1 [seal] G ordon M. G rant, Secretary of Labor and the State em­ day. In order to accomplish this and to Secretary. ployment security agency for this prevent duplication of argument we are [F.R. Doc. 69-4985; Filed, Apr. 25, 1969; purpose. requiring that parties with the same* or 8:46 a.m.] similar views join together and select § 52.3 Exceptions. one spokesman for such views. To imple­ The provisions contained in § 52.2 ment this we have directed our staff to shall not apply (a) in States where the work with the parties wishing to partici­ INTERSTATE COMMERCE State employment security agency and pate and point out to them those parties the Secretary of Labor have not entered who appear to have similar positions with into an appropriate agreement, and (b) whom they should join in the selection COMMISSION where the Secretary of Labor determines of a spokesman. Mr. Donald L. Young, [4 9 CFR Part 1203 1 that economy and efficiency make other Special Assistant to the Chairman, will [No. 35029] arrangements more appropriate. be in charge of this coordination and any questions should be directed to him (tele­ UNIFORM SYSTEM OF ACCOUNTS FOR § 52.4 Effective date. phone, area code 202, 386-6081). EXPRESS COMPANIES This Part shall be applicable thirty While the regulation as proposed in (30) days after its publication in the the notice of September 13, 1968, will be Extension of Time for Filing Views and F ederal R egister to all agreements pro­ the formal subject of the oral argument, Comments viding financial assistance for summer it should be understood that the Com­ Present: Laurence K. Walrath, Com­ work and training programs under sec­ mission does not wish the presentations missioner, to whom the matter which is tion 123(a) (1) of the Economic Oppor­ to be limited to the regulation exactly as the subject of this order has been as­ tunity Act of 1964, as amended, which proposed but instead any alternatives or signed for action thereon. are in effect on that date, or which are modifications considered desirable should Upon consideration of the record in entered into thereafter. also be presented. In this connection, suggestions have been made that the the above-entitled proceeding and of the Signed at Washington, D.C., this 22d Commission limit its rule several different request of the Railway Express Agency day of April, 1969. ways. The rulemaking could be issued as for a further extension of time to file a set of guidelines rather than as a set comments. Arnold R. Weber, It is ordered, That the time for filing Assistant Secretary for Manpower. of requirements. It could be limited to require only that the company make its views and comments set by the notice [F.R. Doc. 69-4983; Filed, Apr. 25, 1969; procurement policies available on its of proposed rule making served Decem­ 8:46 a.m.] premises along with a list of items ber 9, 1968, and published on page 18496 the company is interested in obtaining of the F ederal R egister be, and it is and that the company keep records for hereby, further extended to October 31, a reasonable period of time. It could be 1969. FEDERAL POWER COMMISSION limited even further to require only that (Secs. 12, 20, 24 Stat. 383, 386, as amended; [18 CFR Parts 50, 160 1 each company file a statement setting 49 U.S,C. 12, 20) forth the procurement policies of the Dated at Washington, D.C., this 16th [Docket No. R-345] company. day of April 1969. PROCUREMENT, COMPETITION On the other hand, some parties have fully supported the rule as proposed or By the Commission, Commissioner Order Setting Oral Argument suggested that it does not go far enough. Walrath. We expect that these parties will be pre­ April 21, 1969. pared to discuss the abuses the rule is [seal] H. Neil G arson, By notice dated September 13,1968, the intended to mitigate and how the rule Secretary. Commission proposed to prescribe regu­ or some stronger version of it would so [F.R. Doc. 60-5001; Filed, Apr. 25, I960; lations setting general procurement mitigate these abuses. 8:47 a.m.]

FEDERAL REGISTER, VOL. 34, NO, 80— SATURDAY, APRIL 26, 1969 6985 Notices

These lands were classified in accord­ jellies (21 CFR 29.2) or preserves and DEPARTMENT OF THE TREASURY ance with section . 2 of the Classification jams (21 CFR 29.3). and Multiple-Use Act of September 19, Labels on the food will name the in­ Fiscal Service 1964 (78 Stat. 986, 43 U.S.C. 1412), and gredient. On each principal panel, the [Dept. Circ. 570, 1968 Rev., Supp. No. 15] their disposal authorized by the Public statement “Made from dried black Land Sale Act of September 19, 1964 (78 raspberries” will immediately precede or SUPERIOR INSURANCE COMPANY Stat. 988, 43 U.S.C. 1421-1427). follow the name of the jelly or jam, as Termination of Authority To Qualify As a result of subsequent review and the case may be. as Surety on Federal Bonds reconsideration, the proposed classifica­ This permit expires August 1, 1969. tion has been determined to be inap­ Notice is hereby given that the Certifi­ propriate. The publication of this notice Dated: April 18,1969. cate of Authority issued by the Secretary shall terminate the proposed classifica­ J. K. K irk, of the Treasury to Superior Insurance tion and its segregative effect, and restore Associate Commissioner Company, Indianapolis, Ind., under the lands to unclassified status. for Compliance. sections 6 to 13 of title 6 of the United States Code, to qualify as an acceptable R olla E. Chandler, [F.R. Doc. 69-4981; Filed, Apr. 25, 1969; surety on recognizances, stipulations, Manager, Nevada Land Office. 8:45 a.m.] bonds and undertakings permitted or re­ [F.R. Doc. 69-4982; Filed, Apr. 25,^ 1969; quired by the laws of the United States, 8:45 a.m.] METHYL m-HYDROXYCARBANILATE is terminated, effective as of Decem­ ber 31,1968. m-METHYLCARBANILATE The Treasury has been advised that, Office of fhe Secretary Notice of Establishment of effective December 31,1968, Superior In­ ROADBUILDING IN NATIONAL PARKS Temporary Tolerance surance Company merged into American Economy Insurance Company, Indian­ Revocation of Procedures Notice is given that at the request of the Morton Chemical Co., Woodstock, 111. apolis, Ind., which is the surviving Notice is hereby given that the pro­ corporation. 60098, a temporary tolerance of 0.1 part cedures adopted on January 18, 1969, per million is established for residues of Bond-approving officers of the Gov­ and published in the F ederal R egister the herbicide methyl m-hydroxycarba- ernment should, in instances where such on January 29, 1969, 34 F.R. 1405, re­ nilate m-methylcarbanilate in or on action is necessary, secure new bonds garding the location and design of major sugar beets. The Commissioner of Food with acceptable sureties in lieu of bonds road projects in the National Park Sys­ and Drugs has determined that this tem­ executed by Superior Insurance Com­ tem administered by the Department of porary tolerance will protect the public pany. the Interior are revoked, effective im­ health. Dated: April 22, 1969. mediately. A condition under which this tempo­ Issued in Washington, D.C., on rary tolerance is established is that the [seal] J ohn K. Carlock, herbicide will be used in accordance with Fiscal Assistant Secretary. April 21,1969. Walter J. H ickel, the temporary permit issued by the U.S. [F.R. Doc. 69-4995; Filed, Apr. 25, 1969; Secretary of the Interior. Department of Agriculture. Distribution 8:46 a.m.] [F.R. Doc. 69-4993; Filed, Apr. 25, 1969; will be under the Morton Chemical Co. 8:46 a.m.] name. This temporary tolerance will expire April 21, 1970. DEPARTMENT OF THE INTERIOR This action is taken pursuant to the Bureau of Land Management DEPARTMENT OF HEALTH, EDU­ provisions of the Federal Food, Drug, [Serial No. N-818] and Cosmetic Act (sec. 408(j), 68 Stat. 516; 21 U.S.C. 346a(j)) and under au­ NEVADA CATION, AND WELFARE thority delegated to the Commissioner (21 CFR 2.120). Notice of Termination of Proposed Food and Drug Administration Classification OLD VIRGINIA, INC. Dated: April 21,1969. J. K. Kirk, April 18,1969. Fruit Jelly and Jams Deviating From Associate Commissioner Notice was given in F.R. Doc. 68-6052, Identity Standards; Temporary Per­ for Compliance. on page 7591 of the issue for May 22,1968, mit for Market Testing of a proposed classification for the dis­ [F.R. Doc. 69-4980; Filed, Apr. 25, 1969; posal of 5,000 acres of land in Clark Pursuant to § 10.5 (21 CFR 10.5) con­ 8:45 a.m.] County, the lands being described as cerning temporary permits to facilitate follows: market testing of foods deviating from Office of the Secretary the requirements of standards of iden­ Mount Diablo Meridian, Nevada tity promulgated pursuant to section 401 SOCIAL SECURITY ADMINISTRATION T. 17 S., R. 58 E., (21 U.S.C. 341) of the Federal Food, Statement of Organization, Functions, Sec. 14, NW>/4SWi4, SV&SW&; Drug, and Cosmetic Act, notice is given Sec. 15, W ^N E ^, W%, SE&; that a temporary permit has been issued and Delegations of Authority Sec. 16, all; Sec. 21, all; to Old Virginia, Inc., Front Royal, Va. Paragraph 8-D.2. of Part 8 (Social Se­ Sec. 22, all; 22630. This permit covers interstate curity Administration) of the Statement Sec. 23, all; marketing tests of black raspberry jelly, of Organization, Functions, and Delega­ Sec. 24, Wy2; apple-raspberry jelly, and black rasp­ tions of Authority of the Department of Sec. 25, W^W i^; berry jam made from dried black rasp­ Health, Education, and Welfare (33 F.R. Sec. 26, all; berries, an ingredient not provided for 5828 et seq., April 16, 1968), is amended Sec. 35, all. by the standard of identity for fruit to read as follows:

FEDERAL REGISTER, VOL. 34, NO. 80— SATURDAY, APRIL 26, 1969 6986 NOTICES

2. Delegations of authority to thefixed structures on the outer Continental Buoyant Cushions, K apok or F ibrous Bureau of Hearings and Appeals. In ac­ Shelf be of types approved by the Com­ G lass cordance with applicable rules and regu­ mandant, U.S. Coast Guard. The pur­ Note: Approved for use on motorboats of lations, the Appeals Council, its mem­ pose of this document is to notify all in­ Classes A, 1, or 2 not carrying passengers bers, and Hearing Examiners in the terested persons that certain approvals for hire. Bureau of Hearings and Appeals, shall have been terminated as herein described exercise all duties, powers, and func­ during the period from September 27, The Wallace Manufacturing Co., 273- tions of the Secretary relating to the 1968, to March 12, 1969 (List Nos.- 3-69 285 Congress Street, Boston 10, Mass., holding of hearings, the administration and 8-69). These actions were taken In Approval No. 160.048/145/0 expired and of oaths and affirmations, the issuance accordance with the procedures set forth was terminated effective March 12, 1969. of subpoenas, the examination of wit­ in 46 CFR 2.75-1 to 2,75-50. Buoyant Vests, Unicellular P lastic nesses, the receipt of evidence, and 2. The statutory authority for equip­ F oam, Adult and Child ment, construction, and material approv­ a. 'Hie rendition of decisions and the Note: Approved for use on motorboats of review of decisions in connection with als is generally set forth in sections 367, Classes A, 1, or 2 not carrying passengers lor administrative appeals: 375, 390b, 416, 481, 489, 526p, and .1333 of hire. title 46, United States Code, section 1333 (1) By individuals from determina­ The Lifo Products Co., 930 York Street, tions made under title H of the Social of title 43, United States Code, and sec­ tion 198 of title 50, United States Code. Cincinnati 22, Ohio, Approval Nos. Security Act, as amended, and affecting 160.052/40/0, 160.052/41/0 and 160.052/ their rights to benefits, lump-sum pay­ The Secretary of Transportation has del­ egated authority to the Commandant, 42/0 expired and were terminated effec­ ments, earnings credited to accounts, and tive March 12, 1969. disability determinations; U.S. Coast Guard with respect to these approvals (49 CFR 1.4 (a) (2) and (g)). The Style-Crafters, Inc., Post Office (2) By individuals from determina­ Box 8277, Station A, Greenville, S.C. tions made under title XVIII of the So­ The specifications prescribed by the cial Security Act and affecting their Commandant, U.S. Coast Guard for cer­ 29604, Approval Nos. 160.052/31/0, tain types of equipment, construction and 160.052/32/0, and 160.052/33/0 expired rights to, and amounts of, benefits; materials are set forth in 46 CFR, Parts and were terminated effective March 6 (3) By institutions or agencies from 160 to 164. 1969. determinations described in section 1869 3. Notwithstanding the termination of Boilers (Heating) (c) of the Social Security Act; and approval listed in this document, the (4) By independent laboratories from The International Boiler Works Co., 1 equipment affected may be used as long Birch Street, East Stroudsburg, Pa., Ap­ determinations made pursuant to sec­ as it* remains in good and serviceable tion 1861 (s) of the Social Security Act, condition. proval No. 162.003/78/1 expired and was as amended, that they do not meet the terminated effective March 12, 1969. Life P reservers, K apok, Adult and Child conditions for coverage of their services; Bulkhead P anels for Merchant Vessels (J acket T ype), Models 3 and 5 b. The recommendation and rendition The United States Plywood Corp., 55 of decisions—in the case of Hearing Ex­ Note: Approved for use on all vessels and motorboats. West 44th Street, New York 36, N.Y., aminers appointed by the Director or Approval No. 164.008/24/1 expired and Deputy Director, Bureau of Hearings and The Liberty Cork Co., Inc., 123 White- was terminated effective March 12, 1969. Appeals, on an ad hoc basis to act as head Avenue, South River, N.J., Approval hearing officers in particular cases—and Nos. 160.002/80/0 and 160.002/81/0 ex­ I ncombustible Materials for Merchant the rendition and review of decisions— pired and were terminated effective Vessels in the case of the Appeals Council, its March 6,1969. The Isoflex Sales Co., 1564 Rollins members—in connection with charges The Steams Manufacturing Co., Di­ Road, Burlingame, Calif., Approval No. proposing the suspension or disqualifica­ vision Street at 30th, St. Cloud, Minn., 164.009/56/0 expired and was terminated tion of representatives from further Approval Nos. 160.002/82/0 and 160.002/ effective March 12, 1969. practice before the Secretary, pursuant 83/0 expired and were terminated effec­ to section 206(a) of the Social Security tive March 6,1969. Dated: April 22,1969. Act. Line-T hrowing Appliance, Shoulder W. J. Sm ith, (Sec. 6, Reorganization Plan No. 1 of 1953) Gun T ype (and Equipment), for Admiral, U.S. Coast Guard, Dated; April 22,1969. M erchant Vessels Commandant. [FJR. Doc. 69-5005; Filed, Apr. 25, 1969; R obert H. F inch, The Naval Co., Route 611, Doylestown, 8:47 a.m.] Secretary. Pa., Approval No. 160.031/5/0 expired and was terminated effective February 7, [P.R. Doc. 69-4998; Piled, Apr. 25. 1969; 1969. 8:47 a.m.] Lifeboats for Merchant Vessels FEDERAL COMMUNICATIONS The C. C. Galbraith and Son, Inc., 99 Park Place, New York 7, N.Y., Approval COMMISSION DEPARTMENT OF No. 160.035/22/3 expired and was ter­ [Docket No. 18500; FCC 69-376] minated effective March 12, 1969. TRANSPORTATION The Lane Lifeboat and Davit Corp., CHRONICLE BROADCASTING CO. Coast Guard 8920 26th Avenue, Brooklyn, N.Y., Ap­ Specification Order proval Nos. 160.035/90/2 and 160.035/ [CGFR 69-44] 254/2 expired and were terminated effec­ In re applications of Chronicle Broad­ casting Co., San Francisco, Calif., for re­ EQUIPMENT, CONSTRUCTION, AND tive March 12, 1969 and September 27, 1968, respectively. newal of licenses of Station KRON-FM MATERIALS and Station KRON-TV, San Francisco, B uoyant Vests, K apok or F ibrous G lass, Calif., Docket No. 18500, File No. BRH- Termination or Approval Notice A dult and Child 926, File No. BRCT-94. # 1. Certain laws and regulations (46 Note: Approved for rise on motorboats of By memorandum opinion and order re­ CFR, Chapter I) require that various Classes A, 1, or 2 not carrying passengers for leased March 20, 1969 (FCC 69-262) the items of lifesaving, firefighting and mis­ hire. Commission designated the above appli­ cellaneous equipment, construction, and The S and M Co., Arthur and Kennedy cation for hearing on four issues as materials used on board vessels subject Streets NW„ Minneapolis, Minn., Ap­ follows: to Coast Guard inspection, on certain proval Nos. 160.047/405/0, 160.047/406/0, (1) Whether Chronicle Publishing Co., motorboats and other recreational ves­ and 160.047/407/0 expired and were ter­ the parent of the licensee, has an undue sels, and on the artificial islands and minated effective January 9, 1969. concentration of control of the media of

FEDERAL REGISTER, VOL. 34, NO. 60— SATURDAY, APRIL 26, 1969 NOTICES 6987 mass communications in the San Fran­ published jointly on Sunday with the San presentation to the review, judgment, cisco Bay area; Francisco Examiner, a daily evening control or other influence of other media (2) Whether the Chonicle Publishing paper, as the San Francisco Examiner (or persons associated with them) with Co. has engaged in anticompetitive or & Chronicle. Oakland has the Oakland which the stations are directly or in­ monopolistic practices in the newspaper Tribune.3 It further appears that Chron­ directly affiliated, or of persons with field in the San Francisco Bay area; icle Publishing Co. has a 50 percent inter­ business or ownership relationships to (3) Whether the licensee has used the est in the San Francisco Newspaper such media. facilities of Stations KRON-FM and Printing Co., of which the other 50 per­ f. Whether the editorial and commen­ KRON-TV to “manage” or slant the news cent is owned by Hearst Corp. Hearst tary treatment of public affairs of and public affairs for the purpose of ad­ Corp. owns the San Francisco Examiner, KRON-FM and KRON-TV has been vancing the interests of the Chronicle the only other major daily newspaper in similar to that of other media with which Publishing Co.; San Francisco. The San Francisco News­ the stations are directly or indirectly (4) Whether in the light of the evi­ paper Printing Co. performs the mechan­ affiliated. dence adduced pursuant to the foregoing ical, circulation, advertising, accounting, g. Whether KRON-FM and KRON-TV issues, a grant of the above-captioned credit, and collection functions of the programing has otherwise been affected applications would serve the public in­ two newspapers, as well as for the San by the other business interests of persons terest, convenience, and necessity. Francisco Sunday Examiner & Chronicle, or companies with which the stations We stated at that time that we would fur­ San Francisco’s only Sunday newspaper. are directly or indirectly affiliated. ther particularize the specification of It further appears that the Chronicle and h. The nature and extent and effect facts and matter in issue in a later opin­ the Examiner offer a combination rate of business relationships among the ion. This specification follows: permitting an advertiser who uses the media of mass communications in the Chronicle to have the advertisement ap­ area or areas, and those- persons with Issue 1. Whether Chronicle Publishing Co., pear in the Examiner by paying another ownership interests in them, including: the parent of the licensee, has an undue (1) Whether any officer, director, or concentration of control of the media of 10 percent above the Chronicle’s rate. mass communications in the San Francisco 4. It is necessary to determine, in lightemployee of the licensee has had an Bay area; of these facts, and under Issue 1, whether ownership interest in, or substantial and, if so, to what extent the Chronicle business relationship (including employ­ 1. KRON-TV and KRON-FM are Publishing Co. has an undue degree of ment) with, other mass communications wholly owned by the Chronicle Broad­ control of the media of mass communi­ media. casting Co., and are both assigned to cations. In the light of information now (2) Whether Chronicle Broadcasting San Francisco. San Francisco has eight available to the Commission, this owner­ Co. in any of its operations uses offices, television stations. Three, including ship appears to be limited to the San facilities, equipment, or any other prop­ KRON-TV, are commercial VHF sta­ Francisco Bay area. In any event, the erty or services in common with or owned tions, one is a noncommercial VHF, and hearing will explore the media influence by persons or entities which have owner­ four are commercial UHF. Oakland of the Chronicle with regard to the fol­ ship interest in, are subject to common across the bay has one commercial VHF lowing particular considerations: ownership interest or common control television station.1 San Francisco and a. The relevant geographic area or with, or have substantial business rela­ Oakland have 30 aural facilities of which areas, whether the city of San Francisco, tionships with local mass communica­ 18 are FM.3 San Francisco-Oakland, or a wider area. tions media. 2. It further appears that the parent b. The extent to which the licensee (3) The nature of contracts or any of Chronicle, the Chronicle Publishing of KRON-FM and KRON-TV, together other agreements between Chronicle Co., wholly owns Western Communica­ with affiliated companies, have domi­ Broadcasting Co. and entities in the area tions, Inc., which in turn holds (1) an 80 nated the furnishing of local, regional, or areas which have ownership interest percent interest in Concord TV Cable, and national news and the presentation in, or are subject to common ownership which owns and operates a community of information and discussion of public interest or common control with Chron­ antenna television (CATV) system in the affairs in the relevant area or areas. icle Broadcasting Co. city of Concord, Calif., and serves unin­ c. What particular effects, if any, have (4) The extent to which there are ad­ corporated areas in Contra Costa County resulted from the present degree of con­ vertisers who deal with both Chronicle adjacent, to and/or near to, the city of centration of control of the mass media Broadcasting Co. and other local mass Concord, (2) and 80 percent interest in in the area or areas in terms of diversity communications media in the area or County TV Cable, which owns and op­ of approach to news and public affairs areas which have ownership interest in erates a CATV system in the unincor­ coverage and presentation. or are subject to common ownership in­ porated areas of San Mateo County, gen­ d. Whether material for news broad­ terest or common control with Chronicle erally west of, and adjacent to, the casts, editorials, public affairs, or any Broadcasting Co., and the proportion of boundaries of Redwod City, San Carlos, other programing broadcast by KRON- the revenues derived from these adver­ Belmont, and San Mateo, and (3) a 100 FM and KRON-TV has been directly or tisers to the total billings of the individ­ percent interest in Western TV Cable, indirectly obtained from other media ual media entities involved. which owns and operates a CATV system with which the stations are directly or (5) The proportion of the advertising in the city of South San Francisco, Calif., indirectly affiliated, or is otherwise jointly revenues of Chronicle Broadcasting Co. and is an applicant for franchises in obtained or prepared. and the other mass communications en­ other northern California communities. e. Whether the editorials, news, public tities in the area or areas which have Western TV Cable also possesses a fran­ affairs, or other programing broadcast ownership interest in or are subject to chise to own, construct and operate a by KRON-FM and KRON-TV have been common ownership interest or common CATV system in the city of San Francis­ subject in its creation, production or control with Chronicle to the total ad­ co, Calif. vertising revenues derived by all local 3. The Chronicle Broadcasting Co.’s mass communications media. 8 The circulation figures for San Francisco- parent, Chronicle Publishing Co., owns Oakland newspapers as compiled by the Issue 2. Whether the Chronicle Publishing the San Francisco Chronicle. This news­ Audit Bureau of Circulation, and reported Co. has engaged in anticompetitive or mo­ paper is a daily morning paper and is in “Editor and Publisher Yearbook—1968’’ nopolistic practices in the newspaper field are as follows: in the San Francisco Bay area. 1We also note that KRON-TV, as is the San Francisco Chronicle (morning)—Daily 1. Prior to 1965, there were three daily case with several other area stations, is car­ circulation—493,020. newspapers of general circulation in San ried by community antenna television sys­ San Francisco Examiner (evening)—Daily Francisco: (1) The independently owned tems with substantial numbers of subscribers. circulation—220,610. 8 San Francisco is the largest city in north­ San Francisco Examiner & Chronicle—Sun­ San Francisco Chronicle in the morn­ ern California with a 1960 U.S. Census popu­ day circulation—691,510. ing; (2) the Hearst-owned San Fran­ lation of 740,316 and an estimated population Oakland Tribune (evening)—Daily circula­ cisco Examiner in the morning; and (3) of 806,204 In 1968. Oakland has a 1960 U.S. tion—226,006, the Hearst-owned San Francisco News- Census population of 367,548 and an esti­ Oakland Tribune—Sunday circulation— Call Bulletin in the evening. On Octo­ mated population of 389,000 in 1968. 254,500. ber 23, 1964, the Chronicle Publishing

FEDERAL REGISTER, VOL. 34, NO. 80— SATURDAY, APRIL 26, 1969 6988 NOTICES

Co. and Hearst Corp. executed an agree­ 3. The licensee by letter of October 28, news features in his San Mateo news­ ment to create a joint operating facility 1968, has denied that its parent corpora­ paper. His inability to buy the rights for their newspapers. The agreement tion has a monopoly and that there is an was due to the fact that the San Fran­ contemplated the creation of the San undue concentration of control of media cisco newspapers had tied up the rights Francisco Newspaper Printing Co., whose in the San Francisco area. It also denies in northern California through rates stock would be owned equally by Chron­ that KRON-TV profits were used to stifle paid by them to the feature distributors. icle and Hearst. The new corporation competition, stating that prior to 1966, 5. The President of Chronicle Publish­ would perform the mechanical, circula­ when Chronicle Publishing Co. was li­ ing Co. also appeared before the Senate tion, advertising, accounting, credit, and censee of the stations, its profits were Antitrust Subcommittee. He denied that collection functions of the newspapers. used for general corporate purposes. there was a connection between news­ The agreement was submitted to the 4. On July 28, 1967, Mr. J. Hart Clin­ paper operations and the operation of Department of Justice and, on August 30, ton, editor and publisher of the San the broadcast stations owned by Chron­ 1965, the Attorney General advised Mateo (California) Times, appeared be­ icle Publishing Co. He stated that the Hearst (and thereafter Chronicle) that fore the Senate Antitrust Subcommittee Chronicle’s syndicated feature contracts it was not the Department’s intention to in connection with its consideration of did contain territorial restrictions and institute antitrust action against imple­ S. 1312, the Failing Newspaper Act. The that the features tied up were not avail­ mentation of the plan. On September 12, Times does not compete with either of able to potential users in the geographi­ 1965, the agreement was put- into effect. the San Francisco newspapers in the San cal areas specified by the contracts/ The Examiner was changed to an after­ Francisco city area, but the Examiner Because the Chronicle territorial exclu­ noon paper and the News-Call Bulletin does compete with the Times in San sivity was said to vary with each con­ was dropped, leaving one morning and Mateo County. Mr. Clinton presented in tract, he was unable to specify how one afternoon daily. The Sunday morn­ his testimony three areas in which many, if any, eliminated competition in ing editions were combined into the he alleged that the Chronicle Pub­ the Whole northern California area: In a single San Francisco Sunday Examiner lishing Co. had engaged in anticompeti­ letter dated December 11, 1967, to Sen­ & Chronicle. tive activities: ator Philip A. Hart, Chronicle Publish­ 2. It has been alleged as "follows: a. The “failing newspaper” status of ing Co.’s president further responded to a. The Chronicle Publishing Co., in the San Francisco Examiner in 1965 was testimony adverse to the Chronicle, not 1965 and prior thereto, used the profits a result of the Chronicle’s extension of only by Mr. Clinton but by a Stanford of KRON-TV to cause the San Francisco its circulation outside the San Francisco University professor who testified that Examiner, its morning competitor, to city zone, through the use of KRON-TV the Chronicle had spent thousands of fail, thereby leaving the Chronicle with profits to finance such circulation. The dollars to tie up syndicated material, a morning newspaper monopoly. The Chronicle became the leading morning some of which it did not use, but wanted Chronicle campaigned extensively to sub­ newspaper, a position once enjoyed by to keep others from using. He denied that stantially increase circulation outside the Examiner, through use of KRON-TV the Chronicle contracted for material the San Francisco city zone by using the profits. which it did not intend to use. He also profits of KRON-TV. The Chronicle then denied that during the period prior to claimed that it, not the Examiner, was b. After the Chronicle and Examiner the joint operating agreement the Chron­ the leading San Francisco newspaper. entered into the joint operating agree­ icle did not produce a sufficient cash flow This conduct resulted in a switch of ad­ ment in 1965, the Chronicle doubled its (except in 1 year when newsprint costs vertising from the Examiner to the advertising rates. The Examiner (which increased) to sustain newspaper opera­ Chronicle, causing the Examiner to fail. has a nearby competitor, the Oakland Tribune) increased its rates by 50 per­ tions, and stated that, contrary to Mr. b. It is also alleged that the Chronicle cent and the newspapers offered to run Clinton’s testimony, the retail advertis­ Publishing Co. has acquired and main­ an advertisement in both newspapers for ing lineage of the San Mateo Times in­ tained an undue and monopolistic con­ just 10 percent more than the rate for creased by more than 33% percent centration of power in the communica­ the Chronicle alone. Since the Chronicle between 1964 and 1966 during which pe­ tions field in San Francisco, with adverse had a morning monopoly, advertisers riod the joint operating agreement was competitive effects/ in effect. wishing to advertise in the morning had 6. These allegations and rejoinders to use it; after the advertiser paid the raise unresolved questions of fact as to * These allegations are set forth in a tele­ Chronicle rate there was great induce­ whether Chronicle has used its television gram of Sept. 20, 1968, and a letter of ment to reach the afternoon audience profits in an attempt to monopolize news­ Sept. 23, 1968 from a San Francisco attorney, by paying the additional 10 percent for Charles Cline Moore, oii behalf of his client, paper ownership or control, and whether Examiner coverage instead of paying the it has achieved ownership or control of Blanche Streeter. full afternoon rate of another newspaper In the applications to renew the licenses the newspaper market to the extent that of stations KRON—FM and KRON-TV, the in the area. As a result of the joint op­ the existence of competitors is jeop­ licensee submitted in response to Question 2 erating agreement, the San Mateo Times ardized by an inability to obtain rights of Section 1 the following information con­ had experienced a drop in retail adver­ to syndicated features or to other­ cerning antitrust suits against the Chronicle tising lineage, especially from the San wise compete with Chronicle’s com­ Publishing Co.: A suit was filed by William F. Francisco department stores. These mercial practices. Wyman against the Chronicle “* * * for in­ stores used the combination rate to cover junctive relief under the antitrust laws be­ the San Mateo area in the afternoon in­ Issue 3. Whether the licensee has used the cause of an alleged combination to restrain stead of advertising separately in the facilities of Stations KRON-FM and KRON- trade in the production, circulation, and sale TV to “manage” or slant the news and public of newspapers.” A second suit was instituted Times. affairs for the purpose of advancing the by Blanche Streeter “* * * for damages and c. Mr. Clinton was unable to obtain interests of Chronicle Publishing Co. other relief under the antitrust laws because rights to publish certain syndicated 1. On September 11, 1968, the Com­ of an alleged combination to restrain trade in the production, circulation, and sale of mission received a letter from Albert newspapers and in newspaper advertising, U.S.C. Sections 15 and 18). The suit asserts Kihn, a KRON-TV cameraman for the and the alleged unlawful acquisition of cer­ that Chronicle has used its profits from past 8 years. Mr. Kihn alleged that own­ tain newspaper assets.” The Streeter suit KRON-TV to: (1) Acquire a monopoly in the ership of KRON-TV by Chronicle Pub­ was dismissed by the U.S. District Court for San Francisco Bay area newspaper market, lishing Co. had resulted in management the Northern District of California and, on and; (2) conspire with Hearst Corp. to Dec. 16, 1968, the plaintiff appealed to the monopolize the entire San Francisco Bay area 8 The Department of Justice has filed suits Court of Appeals. This appeal is pending. newspaper market by eliminating competi­ against three of these feature syndicates (but The licensee has also advised the Commis­ tion in the printing and publishing of news­ not against the individual San Francisco sion that on Mar. 11, 1969, Mr. Moore filed a papers, in the solicitation of newspaper ad­ newspapers) alleging that the contracts be­ suit against Chronicle Publishing Co., et al., vertising, in fixing of arbitrarily high adver­ tween these syndicates and the San Fran­ on behalf of Guy MeCauliff, alleging viola­ tising rates and by entering into agreements cisco newspapers, which preclude the licens­ tions by Chronicle of sections 1 and 2 of the with wire and news services, to refuse to deal ing of features to other newspapers, are Sherman Act (16 U.S.C. Sections 1 and 2) with and withhold their services from com­ arbitrary and contain unreasonably broad and sections 4 and 7 of the Clayton Act (15 petitors of Chronicle and Hearst. territorial restrictions.

FEDERAL REGISTER, VOL. 34, NO. 80— SATURDAY, APRIL 26, 1969 NOTICES 6989 and slanting of news and public affairs d. Mr. Kihn complained that duringthe licensee’s own corporate interests in the publishing company’s interests, the 1968 newspaper strike, KRON-TV did and news preferences.” giving examples which included specific not “fill the gap” and provide expanded 6 . Mr. Kihn further alleged that in alleged instructions to KRON-TV staff news coverage as promised. preparing a 1965 news item on Synanon, personnel. The major allegations of Mr. 4. Mr. Kihn set forth in his letter in­ an organization of former drug addicts, Kihn, with the licensee’s responses formation which he said was evidence the former KRON-TV news director thereto, are set forth below. that Station KRON-TV managed its stated that [Wle don’t want to give these 2. Mr. Kihn alleged that the KRON-TV news and documentary programing to people any credence * * The licensee news department was forbidden in 1965 further the interest of Chronicle Pub­ responded that it devoted more than 30 to comment on the Chronicle-Examiner lishing Co. in obtaining CATV franchises minutes in 14 separate news programs joint operating agreement, except for a in the San Francisco area. Three ex­ to Synanon in the 18-month period prior “last minute statement dictated by amples were presented: to the alleged remark. In addition, the Chronicle management.” The licensee a. Mr. Kahn alleged that the KRON ,station presented, in 1963, a 1-hour responded that the station did not dis­ coverage of “the Chicken’s Ball” in San documentary on drug addiction, includ­ cuss the proposed agreement because it Carlos, Calif., in 1968 was motivated by ing the appearances of three Synanon was not privy to the plans of its parent, the Chronicle Publishing Co.'s desire to directors. Also broadcast was an 1-hour and therefore apy story on KRON-TV obtain a CATV franchise in that area. documentary, in 1967, devoted entirely would be based on speculation and The licensee responded that KRON-TV to the work of Synanon. Attached to the rumor, and that any speculation by had covered this biennial event since licensee's response was a letter from KRON-TV would appear to give credence 1962, before its parent developed an in­ Synanon dated February 17, 1969, com­ to the rumors because of the station’s terest in CATV, and that the 1968 cov­ mending the station with respect to its relationship to one of the parties. erage had no relationship to the CATV publicity of the organization. 3. Mr. Kihn also alleged that KRON- bid for the San Carlos area (which was 7. Mr. Kihn alleged that during TV suppressed news stories regarding submitted in August 1967). August 1966, a documentary writer was strikes which might affect the San Fran­ b. The second allegation regarding ordered by the KRON-TV station man­ cisco Chronicle. Instances of this al­ CATV interests concerned a KRON-TV ager to delete certain comments critical leged suppression are as follows: program on the opening of a new library of advertising, because “COInly the a. In 1965 KRON-TV suspended all in South San Francisco. Mr. Kihn said cookoo fouls its own nest.” The licensee videotaping operation, eliminated public that he had been instructed to give the responded that the unidentified docu­ affairs taping and curtailed public news mayor prominence in the film, allegedly mentary was probably a 1-hour program operations when there was a threatened because the licensee’s parent was “court­ on venereal disease, and that the writer strike against the newspaper. The li­ ing” the city for a CATV franchise. The was told to delete certain material show­ censee responded that some curtailment licensee responded that the library dedi­ ing several magazines “* * * including of public affairs (but not news) program­ cation was filmed at the request of the their names, centerfolds, spreads and ing did occur because the station moved library director and that no mention was other material,” which accentuated sex its mobile unit from the building hous­ made by management to employees re­ and sex symbols to “sell” youth. The ing the newspaper to another area, so garding a connection between the cov­ licensee also stated that it deleted the that picketing of the newspaper would erage and the CATV interest. material upon the advice of two attor­ not disrupt the KRON-TV operation. neys who advised that the showing pre­ c. Mr. Kihn’s third allegation con­ sented copyright and obscenity prob­ b. Mr. Kihn also alleged that KRON- cerned the 1966 filming of a documen­ lems. The licensee stated that certain TV failed to mention threatened strikes tary program in the Vallejo, Calif., area. detrimental references to television ad­ against the San Francisco newspapers The writer assigned to the project vertising as using sex as an inducement in March 1965 and February 1966, and allegedly did not favor a program about for the sale of products were not deleted. did not mention a strike against Station this area and told the KRON-TV man­ The licensee’s president, to whom the KGO-TV in May 1966. The licensee sub­ agement that in fact there was a scandal quotation was attributed, did not deny mitted evidence that the station did pre­ which xould be exposed in the area. The sent news programing of the February making the comment quoted above. writer was then allegedly told by the 8. Mr. Kihn further complained that 1966 strike. As to the threatened strike general manager (now president) of the KRON-TV refused to carry political ad­ in 1965, the licensee stated that it de­ licensee: “CLlook, there’s a reason for vertisements for subscription television termined the story not to be newsworthy, [the documentary], and the reason is (STV) in the months prior to a vote on and that in fact the strike never took that we want that cable franchise.” The this issue, and that in previous years the place. The licensee’s response does not licensee’s response, written by the alleged station had editorialized against STV. make clear to what extent, if any, it author of the quotation, stated that the He also reiterated his charge that the gave coverage to the strike against general manager did mention to the licensee had presented a documentary on KGO-TV in 1966. writer that he had been in Vallejo for Vallejo to further its CATV interest. The c. Mr. Kihn further complained that exploratory talks about CATV, and that CATV interest was desired because, as in KRON-TV coverage of the 55-day a CATV interest might develop, but that he quoted the KRON-TV general man­ strike against Chronicle and Examiner in the writer was not instructed to produce ager, “[I] t isn’t now, but do you realize 1968 the news programs were “slanted the documentary because of the CATV that all you have to do with that com­ in favor of the newspaper management.” interest. The licensee also pointed out munity antenna system is to stick a pro­ The licensee responded with evidence that the CATV interest in Vallejo was jector or a camera at the other end of that six persons favoring the publishers’ dropped prior to completion of the docu­ it and you’ve got pay-TV.” The licensee side of the strike and 20 persons favor­ mentary, and that the Chronicle Publish­ acknowledged that it did not carry the ing the union side appeared on KRON- ing Co. never applied for a CATV fran­ STV political advertisements during the TV. Twenty minutes and 43 seconds of chise there. According to the licensee, period prior to the 1965 election on the news time were devoted to the represent­ the documentary dealt with towns in the issue, because it had adopted the policy atives of the publishers, against 34 min­ area other than Vallejo (which occupied of not accepting commercials for any of utes and 51 seconds to the union repre­ 38 percent of the program tim e). the controversial issues to be voted upon. sentatives. The strike was mentioned on 5. Mr. Kihn later sent another letter The licensee denied that it had editori­ 51 days during the strike in 143 different dated December 22, 1968, which did not alized against STV. As to the motive for news programs. Mr. Kihn alleged that make reference to the licensee’s Decem­ the broadcast of the documentary on the KRON-TV news staff was not allowed ber 12 response to the September 1968 Vallejo, the licensee reiterated its asser­ to use the words “merger” or “monopoly” letter, a copy of which had been sent to tion that the program was unconnected in its news stories about the strike. The him. He termed this third letter a sup­ With the business interest of its corporate licensee did not deny this charge but im­ plement to his original. complaint, and parent. In addition, the licensee submit­ plied that the union representatives ap­ stated that it would give a larger picture ted letters from the city manager of pearing on the station did not use these of “* * * KRON-TV policies and prac­ Vallejo and the present mayor, to the terms. tices of news management in behalf of effect that the telecast was the result

„ FEDERAL REGISTER, VOL. 34, NO. 80— SATURDAY, APRIL 26, 1969 No. 80------5 6990 NOTICES of a luncheon organized by the station 1967 from the news director, apparently had been censored because the article for representatives of the north bay cities to his staff. These memoranda are sum­ urged “citizens to contact the FCC about to discuss with the station how it could marized as follows : violence on television.” Finally Mr. be of greater service to the area. At the a. All stories relating to the public re­ Berner claims “ [lit is part of the folklore luncheon, the city manager pointed out lations image of any radio or television around the newspaper that Mr. Thieriot to the licensee’s general manager the station or its parait company or the [the Chronicle owner] does not like any value of a documentary about Vallejo. networks, and stories relating to the in­ criticism of the TV medium, as his prin­ The city manager, in his letter, stated dividual acts of officers, directors, or em­ ciple revenues derive from that source.” his belief that the luncheon was held ployees of these organizations are to be The licensee responded in a letter of Oc­ after the licensee’s parent had aban­ brought to the attention of the general tober 2, 1968, maintaining that “[Tlhere doned interest in the city’s proposed manager or station manager before is simply nothing to this charge.” CATV franchise. The mayor stated that broadcast. This restriction does not ap­ 14. These allegations and the licensee’s at no time did the general manager ex­ ply to individuals or corporations en­ responses leave substantial unresolved press to her an interest in CATV. The gaged in publishing, except for the fact questions with respect to the issue licensee also submitted a copy of the Chronicle Publishing Co. of. whether the licensee has attempted to original letter from the Vallejo city man­ b. Any news story relating to broad­ slant news and public affairs programs ager requesting that the station do the cast industry labor problems or to local to serve its business interests. It should documentary. The licensee’s president re­ newspaper labor problems is to be cleared be emphasized to the parties that this asserted his denial that the writer was with the news director before broadcast. issue has been designated not to institute told that the program was to be done If the news director, program manager, a generalized examination of the sta­ because of the CATV interest. or production manager cannot be con­ tion’s programs to determine whether 9. Addressing himself again to the tacted, the story is not to be run. they are “unfair” but because of the pres­ charge that KRON-TV was used to 12. The licensee explained the memo­ ence of outside business interests and further the CATV interests of the Chron­ randa as follows: specific allegations that the preparation icle Publishing Co., Mr. Kihn alleged that a. In October 1964, the station broad­ of programs has been deliberately made the writer of a documentary about Eure­ cast an inaccurate and one-sided news compatible with those interests. See, Let­ ka, Calif., in 1968, wanted to include in report of a strike against ABC. Because ter to National Broadcasting Co. regard­ the film the point that Eureka was forc­ of the général manager’s feeling that ing Chet Huntley Broadcast, 14 FCC 2d ing small suburbs to consolidate by broadcast employees as a group seem to 713, Letter to Networks regarding Dem­ threatening to cut off their sewer serv­ have an emotional reaction to their own ocratic National Convention, 16 FCC 2d ices. The KRON-TV program director industry, he issued the memorandum so 650. For this reason, we have omitted commented, “CWle don’t want to stir that a representative of management certain allegations by Mr. Kihn that ap­ up the City Council. Some day we might could review all news stories concerning pear to raise only questions of licensee be going up there to get a CATV fran­ the broadcast industry “to insure their news judgment. chise.” The licensee responded with a accuracy and objectivity.” Management 15. It is further ordered, That the statement by the writer to whom the did not want disgruntled employees plac­ times within which to file a petition for statement was made that the comment ing false or inaccurate stories on the air reconsideration under § 1.111 of the rules was “made in jest. This was obvious to me because of personal bias. Also, manage­ and to file a motion addressed to the at the time, and I may in talking to ment wanted to check the accuracy of issues under § 1.229 are enlarged to 20 A1 [Kihn], have failed to make the capri­ any story adverse to the Chronicle since days from the release of this order. cious nature of the statement obvious the broadcast on KRON-TV would alleg­ Adopted: April 16,1969. to him.” The licensee commented that edly lend a special air of credence to the the documentary did contain the unfa­ news item. The memorandum was also Released: April 23,1969. vorable references to Eureka, and that intended to prevent employees from air­ no one connected with the Chronicle F ederal Communications ing laudatory stories with the intent of Commission,1 Publishing Co. or its subsidiaries had gaining favor thereby. ever applied for a CATV franchise in [seal] Ben F. Waple, Eureka. b. The second memorandum was pre­ Secretary. pared because most of the news employ­ 10. Mr. Kihn stated that on February [P.R. Doc. 69-4999; Piled, Apr. 25, 1969; ees were unionized and it was felt that 8:47 a.m.] 2, 1968, there was a newspaper strike news about specific strikes might not be meeting in San Francisco, and that a presented fairly and impartially by some station reporter told his cameraman that of them, where there is not management [Docket No. 18499; FCC 69-373] “* * * he had received instructions to supervision. This memorandum was spe­ MIDWEST RADIO-TELEVISION, INC. be circumspect in filming the various cifically triggered by the March 29, 1967, speeches to be made at this meeting.” He strike against the networks and their Specification Order also alleged that KRON-TV provided owned and operated stations. As to the only “token” coverage of the event. The second memorandum, the licensee reit­ In re applications of Midwest Radio- KRON-TV news director stated that he erated its earlier statements of objectiv­ Television, Inc., for renewal of licenses had never issued any such instructions. ity concerning strikes, and submitted as of Stations WCCO and WCCO-TV, Min­ The licensee responded to the charge of further evidence of its objectivity in mat­ neapolis, Minn., Docket No. 18499, File token coverage by pointing out that the ters concerning the Chronicle Publishing No. BR-659, File No. BRCT-49. meeting took place on February 1 and Co. the transcript of a September 1967 1. These applications were designated that the station carried a sound on film news broadcast wherein a director of the for hearing by order released March 21, statement on 6 p.m. news that day in 1969 (FCC 69-261), upon the following which the president of the San Francisco Bay Area Rapid Transit District called for a libel suit against the Chronicle. In issues: Labor Council asserted the position of a. To determine whether the licensee the council. This statement was included sum, the licensee asserted that the mem­ and its owners have an undue concentra­ as an exhibit to the licensee’s response, oranda “* * * do no more than insure tion of control of the media of mass and contained a statement wherein the that there will be adequate licensee con­ communications in the Minneapolis-St. council called for a Government investi­ trol of news in specific sensitive areas.” Paul area. gation of the antitrust aspects of the 13. On September 20, 1968, the Com­ b. To determine whether or not Mid­ San Francisco newspaper situation. mission received a letter from Mr. Jeff west Radio-Television, Inc., has used its 11. Mr. Kihn furnished the Commis­ Berner asserting that he had been sus­ position in the newspaper field so as to sion with two KRON-TV memoranda: pended from his position of columnist One dated October 29, 1964, from the with the Chronicle because of an article 1 Chairman Hyde dissenting. Dissenting licensee’s general manager (now presi­ he had written criticizing violence on statement of Commissioner Robert E. Lee television. Mr. Berner further com­ filed as part of the original document. Com­ dent) to the news director and the sta­ plained that an article written by Charles missioner Wadsworth abstaining from voting. tion manager, and one dated April 6, McCabe (another Chronicle columnist) Commissioner H. Rex Lee not participating.

FEDERAL REGISTER, VOL. 34, NO. 80— SATURDAY, APRIL 26, 1969 NOTICES 6991

obtain rights to broadcast sporting Inc., the licensee of WREC-AM-TV, interests in media of mass communica­ events, particularly in the area of pro­ Memphis, Terni., and owns Cowles Flor­ tions beyond the Minneapolis-St. Paul fessional baseball, football, and hockey ida Broadcasting, Inc., licensee of area, whose full extent remains to be teams, WESH-TV, Orlando, Fla.* It also has determined. In light of these facts, it is c. To determine whether or not news­ part interest in a community antenna necessary to determine under Issue a, paper ownership of broadcast facilities television system in Memphis and Shelby whether such a degree of concentration in the Minneapolis-St. Paul area has re­ County, Terni. of control in the immediate ,area is sulted in reciprocal advantages to 4. Midcontinent is owned equally by compatible with the public interest. It Midwest Radio-Television, Inc., to the Northwest Publications, Inc. (North­ is also necessary to determine whether disadvantage of competing broadcast west) , and M.T.C. Properties, Inc. North­ there is an undue concentration of con­ licensees, west, publishes the only two general cir­ trol on a wider geographical basis going d. To determine, in the light of the culation daily St. Paul newspapers, the beyond Minneapolis and St. Paul. Issue evidence adduced pursuant to the fore­ Dispatch and the Pioneer Press, and the a will accordingly be amended herein to going issues, whether a grant of the Duluth News Tribune and the Herald, broaden its scope in this respect. As above-captioned renewal applications is licensee of WDSM-AM-TV, Duluth- amended it will include consideration of would serve the public interest. Superior, Wis., the licensee of station the following areas of inquiry (in addi­ At that time, we stated that we would KSSS, Colorado Springs, Colo., and owns tion to facts adduced under Issues b and issue a subsequent specification of the 80 percent of the Aberdeen News Co., c) : facts and matters to be examined in the which publishes the Aberdeen American 1. The nature and extent of all substantial hearing. This specification follows: 1 News and is licensee of KSDN, Aber­ Interlocking relationships affecting ownership deen, S. Dak. Northwest also is a joint or control among WCCO and WCCO-TV and Issue a. To determine whether the licensee other mass communications media in the and its owners have an undue concentration venturer in San Jose Cable TV Serv­ United States. of control of the media of mass communica­ ice, a franchise holder in Campbell tions in the Minneapolis-St. Paul area. 2. The extent of control which the licensee and San Jose, Calif. Seventy-three per­ of WCCO and WCCO-TV together with di­ 2. WCCO and WCCO-TV are licensed cent of the Northwest stock is owned rectly or indirectly affiliated companies have to Midwest Radio-TV, Inc. (Midwest), by Ridder Publications, Inc. (Ridder), over the furnishing of local, regional, and which owns 100 percent of a community which is controlled by the Ridder family. national news and the presentation of infor­ antenna television system in Rice Lake, Ridder publishes the Grand Forks (North mation and discussion of public affairs in Wis., and is owned 53 percent by Mid­ Dakota) Herald, San Jose (California) the Minneapolis-St. Paul area and any Mercury, San Jose (California) News, broader area. continent Radio-TV and 47 percent by 3. What particular effects, if any, have re­ the Minneapolis Star and Tribune Co. Long Beach (California) Independent, sulted from the present degree of concentra­ The latter company publishes the only Long Beach (California) Press Telegram, tion of control of the mass media in Minne- two general circulation Minneapolis Pasadena (California) Star News, apolis-St. Paul and any broader area in terms daily newspapers, the Star and the Trib­ Garden Grove (California) Orange of diversity of approach to news and public une; owns a community antenna tele­ County News, Gary (Indiana) Post Tri­ affairs coverage and presentation? vision system in South Sioux City, Nebr.; bune, and has a minority interest in the 4. Whether material for news broadcasts, Seattle (Washington) Times. éditerais, public affairs or any other program­ 93 percent of the Wichita-Hutchinson ing broadcast by WCCO and WCCO-TV has Co., licensee of KTVH-TV, Hutchinson- 5. Minneapolis and St. Paul appear to been directly or indirectly obtained from Wichita, Kans. (application to sell now constitute a single market for radio, tele­ other media with which the stations are pending);. 50 percent of Harpers Maga­ vision, and newspapers. As noted above, directly or indirectly affiliated, or is otherwise zine; the San Fernando Valley Times there are no other general circulation jointly obtained or prepared. Co., which publishes the San Fernando daily newspapers than those connected 5. Whether the editorials, news, public af­ with WCCO and WCCO-TV. There are fairs, or other programing broadcast by Valley (California) Times; the Rapid WCCO and WCCO-TV has been subject in City (South Dakota) Journal; and the four commercial television stations in its creation, production or presentation to Great Falls (Montana > Tribune and Minneapolis-St. Paul, and two noncom­ the review, judgment, control, or other in­ Leader. mercial, educational stations. There are fluence of other media (or persons associated 3. The Minneapolis Star and Tribune 17 standard broadcast (AM) stations. with them) with which the stations are di­ Co. is owned in part ,(9.9 percent) by the WCCO-TV had 31 percent of total tele­ rectly or indirectly affiliated, or of persons Des Moines Register and Tribune, which vision revenues and 33 percent of total with business or ownership relationships to television income in 1967. WCCO had such media. publishes the Register and the Tribune, 6. Whether the editorial and commentary Des Moines, Iowa. There are also com­ 56 percent of total AM revenues and 112 treatment of public affairs by WCCO and mon ownership interests linking the Des percent of total AM income.* A recent WCCO-TV has been the same or substantially Moines Register and Tribune, Cowles ARB survey cited in Mr. Konynenburg’s similar to that of other media with which Communications, Inc. (CCI), and In­ letter of June 19,1968, shows that “* * * the stations are directly or indirectly dian River Newspapers, which publishes typically, WCCO Radio [is] first among affiliated. the Fort Pierce (Florida) News-Tribune. all stations with four times the audience 7. Whether WCCO and WCCO-TV pro­ CCI publishes Look Magazine, Family of any of its next three competi­ graming has otherwise been affected by the tors * * *.” other business interests of persons or com­ Circle Magazine, Venture Magazine, the panies with which the stations are directly San Juan (Puerto Rico) Star, the 6. The foregoing information indicates or indirectly affiliated. Gainesville (Florida) Sun, the Lakeland thè degree of integration of the media 8. The nature, extent and effect of business (Florida) Ledger, the Suffolk (New York) of mass communications in the Minne­ relationships among the media of mass com­ Sun, the Education News, the Cowles apolis-St. Paul area, and the extent to munications in Minneapolis-St. Paul and Comprehensive Encyclopedia, and Mag­ which WCCO and WCCO-TV are con­ elsewhere (and those persons with ownership interests in them), connected directly or indi­ azines for Industry, Inc. (Paperboard trolled by persons with substantial in­ rectly by ownership, control, or other influ­ Packaging Magazine). CCI is also the terests in the other media in the area. ence with WCCO and WCCO-TV, including : licensee of KRNT-AM-TV, Des Moines, It also indicates substantial interlocking (A) Whether any officer, director, or em­ Iowa, owns Cowles Broadcasting Service, ployee of the licensee has had an ownership interest in, or substantial business relation­ 2 John H. Perry, Jr., a director of Cowles ship (including employment) with, other 1 The hearing order stated that it was based Communications, Inc., who owns no stock of mass communications media in Minneapolis- in part upon allegations by Mr. Garfield that corporation but is one of three trustees St. Paul or elsewhere directly or indirectly Clark, manager of station KSTP, St. Paul, of a 6.6 percent stockholder, is a majority affiliated with the licensee. Minn., licensed to Hubbard Broadcasting, stockholder of Perry Publications, which (B) Whether Midwest Radio-Television, Inc., submitted to the U.S. Senate Antitrust owns 47% percent of the News Journal Corp., Inc., in any of its operations uses offices, Subcommittee in connection with its con­ licensee of station WNDB, Daytona Beach, facilities, or substantial equipment or other sideration of S.1312, the Failing Newspaper Fla., and publisher of the Daytona Beach property or services in common with or Act, a response by Mr. F. Van Konynenburg, News and the Daytona Beach Journal. owned by any directly or indirectly affiliated President of Midwest Radio-Television, Inc., 3 The income related percentage is possible persons or entities, or persons or entities hav­ of June 19, 1968, and a reply by Mr. Clark because of the net losses of stations compet­ ing a substantial business relationship with on Sept. 3,1968. ing in the market. the latter.

FEDERAL REGISTER, VOL. 34, NO. 80— SATURDAY, APRIL 26, 1969 6992 NOTICES

(C) The nature of substantial contracts or Vikings. Mr. Robert Ridder (Chairman other agreements between Midwest Radio- contracts. What were the terms of the Television, Inc., and directly or indirectly of the Board of Midwest) is a director of contracts? affiliated persons or entities, or persons or and owns a 2 percent stock interest in (b) To what extent have sporting entities having a substantial business rela­ the Minnesota North Stars hockey team. events of local interest other than pro­ tionship with the latter. Mr. Henry Domseif (Vice-President for fessional baseball, football, and hockey (D) The extent to which there are adver­ Finance and a Director of Midwest) owns been broadcast by WCCO, WCCO-TV or tisers who deal with both Midwest Radio- one-half percent of the North Stars their competitors. Television, Inc., and other directly or indi­ stock. Midwest owns one-half percent (c) The advertising revenues and rectly affiliated mass communications media of the stock of the Minnesota Twins pro­ profits derived by WCCO and WCCO- in Minneapolis-St. Paul or elsewhere, and fessional baseball team. TV through the presentation of sport­ the proportion of the revenues derived from 9. Mr. Clark also alleges that Midwest these advertisers to the total billings of the ing events, especially those of profes­ individual media entities involved. was aided by its newspaper connections sional teams to which these stations are (E) The proportion of the advertising reve­ in bidding for the broadcast rights to connected by direct or indirect owner­ nues of Midwest Radio-Television, Inc., and various sports events because ** * * if ship interest. the other mass communications entities in the games were not broadcast on WCCO, (d) To what extent, if any, do Minne­ Minneapolis-St. Paul which have ownership it would adversely effect [sic! the pub­ apolis-St. Paul newspapers or their staffs interest in or are subject to common owner­ licity which the team presently receives by agreement, policy or practice, join ship interest or common control with Mid­ in newspapers published by the owners with the stations of Midwest Radio- west Radio-Television, Inc., to the total ad­ of WCCO.” 4 Television, Inc., or their staffs in promo­ vertising revenues derived by all local mass 10. Mr. Van Konynenburg of Midwest, communications media in the Minneapolis- tions or publicity campaigns to benefit St. Paul area, and the same data as between in his letter of June 19, 1968, disputes sports teams, especially those profes­ all directly or indirectly affiliated entities Mr. Clark’s contentions, noting that sional teams whose games are broadcast and total revenues in the United States or WCCO interests have only nominal by WCCO or WCCO-TV. ownership in professional hockey and other relevant areas. Issue c. To determine whether or not Issue b. To determine whether or not Mid­ baseball teams and minority ownership newspaper ownership of broadcast facilities west Radio-Television, Inc., has used its po­ in the football team, and that Midwest in the Minneapolis-St. Paul area has resulted sition in the newspaper field so as to obtain "* * * has no control over the cov­ In reciprocal advantage to Midwest Radio- rights to broadcast sporting events, particu­ erage the local papers give to sports mat­ Television, Inc., to the disadvantage of com­ larly in the area of professional baseball, ters and in the bidding for broadcast peting broadcast licensees. football, and hockey teams. rights—AM or TV—never presumes to 7. On this issue, Mr. Clark (see foot­ give any assurances as to what that cov­ 12. In his letter of September 3, 1968, Mr. Clark alleged that a recent advertis­ note 1, supra) has referred to the large erage may be.” 5 He ascribes Midwest’s number of professional athletic events in success in obtaining broadcast rights to ing campaign by WCCO-TV had been the Minneapolis-St. .Paul area to which professional sporting events to such fac­ undertaken to build up its news broad­ Midwest has obtained the broadcast tors as organization and competitive cast audience. The cost of this cam­ rights. For example, Midwest has had ability, experience and reputation in the paign was indicated to be in excess of radio broadcast rights to the Minnesota sports field, coverage and audience popu­ $120,000, a large portion of which went Vikings football games since 1960, when larity and interest in professional sports. into newspaper advertising. He alleges the rights first became available; home He further notes, to negate Mr. Clark’s that this activity is possible economically games are blacked out on television and allegation that Midwest has a competi­ for WCCO-TV in a way that the sta­ CBS, with which WCCO-TV is affiliated, tive advantage through its ownership tion’s competitors cannot duplicate be­ has the television rights for away games. connections, that WTCN-TV, Minne­ cause the ownership of the station rests The preseason football games to which apolis, Minn., has obtained rights to with the newspapers and other en­ television rights are available have been broadcast professional baseball and tities with newspaper interests, making obtained on various occasions either by hockey and some preseason football in the advertising campaign largely an WCCO-TV or WTCN-TV. Midwest ob­ competitive bidding with Midwest’s tele­ exercise in bookkeeping.7 tained the radio broadcast rights for the vision station.® 13. Mr. Clark further alleged in his Minnesota North Stars hockey games in 11. There is a substantial question of statement before the Senate Antitrust 1967, when these rights first became fact raised by the foregoing pattern and Subcommittee and in his letter of available; television rights were awarded by the consideration that the ownership September 3,1968, that the Minneapolis- to WTCN-TV instead of WCCO-TV. of these professional teams and the St. Paul newspapers which are directly Radio broadcast rights for the Minnesota owners of Midwest and the local news­ or indirectly connected through financial Twins baseball games are owned by the papers do to some extent coincide. We interests with Midwest Radio-Television, Hamm Brewing Co., and WCCO has must resolve the factual questions raised Inc., favor Midwest’s stations by failing broadcast the games since 1960, again by Mr. Clark’s allegations and Mr. Van to mention KSTP programing. Specifi­ when the rights first became available. Konynenburg’s rebuttal. As part of this cally he claimed that the Minneapolis In 1960 and 1963 Midwest submitted bids inquiry, we shall inquire into the follow­ Star and Tribune failed to carry special for the television rights to the Twins ing matters: KSTP-TV programing in the “High­ games, but both times the bids were re­ lights” column for approximately 6 weeks (a) Were the contracts by which Mid­ at the beginning of 1968 and, in so doing, jected in favor of WTCN-TV, the present west obtained broadcast rights to pro­ owner of the rights. fessional baseball, football, and hockey favored a newly introduced program over 8. Mr. Clark alleges that one reason games acquired by competitive bidding WCCO-TV which was mentioned in the for Midwest’s obtaining the rights to and what were the bids of other stations column. Also, Mr. Clark alleged that the broadcast these professional sporting which were rejected in the award of these St. Paul papers refused to mention the events is that the joint ownership of the KSTP call letters editorally. broadcast media and sports teams of­ 14. Mr. Van Konynenburg denied that fered Midwest an advantage in the bid­ 4 Statement of Mr. Garfield Clark before WCCO radio or television received pref­ the Senate Antitrust Subcommittee, Mar. ding for these broadcast rights. Con­ 1968, pp. 2-3. erential treatment from the newspapers, cerning these allegations, it appears that 5 Letter of Mr. P. Van Konynenburg, and complained that their own special Northwest Publications, which has a June 18, 1968, p. 11. programing is often unfairly ignored in substantial ownership interest in Mid­ 8 Mr. Clark says of WTCN-TV’s success in the programing columns of Twin Cities’ west, owns 21.7 percent of the Class A obtaining sports programing that “* * * newspapers in favor of routine programs (nonvoting) common stock and 30 per­ [o]ne can readily understand the deviation of other stations. He also stated that cent of the Class B (voting) common when one becomes aware that the baseball the St. Paul newspapers’ failure to men­ stock of the Minnesota Vikings profes­ team requires 50 telecasts each season,” and tion specific call letters applied to all th at“* * * such number of broadcasts pre­ local stations, including WCCO. sional football team. Mr. Bernard empting network prime time would cause a Ridder, Jr., President of Northwest and great loss in revenue and goodwill to WCCO- a Vice-President of Midwest, is a Direc­ TV from the network * • *” (Letter of Mr. 7 Letter of Mr. Garfield Clark, dated Sept. 3, tor and Chairman of the Board of the Garfield Clark, Sept. 3,1968, p.3). 1968, p. 2.

FEDERAL REGISTER, VOL. 34, NO. 80— SATURDAY, APRIL 26, 1969 NOTICES 6993

15. The practices mentioned above tions contained in §§ 73.682 and 73.699 Washington office of the Federal Mari­ raise the question whether there is a of the rules to facilitate international time Commission, 1405 I Street NW., business relationship between Midwest program exchange. Room 1202; or may inspect agreement Radio Television, Inc., and the news­ 1. On March 25, 1969, the Commission at the offices of the District Managers, papers of the Minneapolis-St. Paul area released a notice of inquiry in this pro­ New York, N.Y., New Orleans, La., and which could favor Midwest over compet­ ceeding (FCC 69-288) inviting com­ San Francisco, Calif. Comments with ing broadcast entities which have no ments on a proposal to adopt more uni­ reference to an agreement including a financial connection through direct or form technical specifications for televi­ request for hearing, if desired, may be indirect ownership interest with news­ sion broadcast signals to facilitate the submitted to the Secretary, Federal Mar­ papers. In this connection, inquiry is international exchange of programs by itime Commission, Washington, D.C. necessary into the following matters: satellite and other means. The time for 20573, within 20 days after publication (a) The extent of financial dealings filing comments was designated as of this notice in the F ederal R egister. for advertising, other services or prod­ April 21, 1969, and that for replies as A copy of any such statement should ucts, between Midwest Radio-Television, April 29, 1969. also be forwarded to the party filing the Inc., and the Minneapolis-St. Paul 2. On April 16, 1969, Electronics In­ agreement (as indicated hereinafter) dustries Association (EIA) filed a re­ and the comments should indicate that newspapers. this has been done. (b) Whether the Minneapolis-St. Paul quest for extension of time in which to newspapers have policies, agreements, or file comments. EIA states the additional Notice of agreement-filed for approval understandings concerning the reporting time is needed in order to generate and by: of radio or television daily programing coordinate industry comments that William L. Griffin, Esq., Law Offices, Charles and the mention of station call signs would be useful in instructing the United P. Warren, Esq., 1100 Connecticut Avenue generally. States CCIR delegation in the matter of NW., Washington, D.C. 20036. allocating certain television scanning Agreement No. 14-28, would modify (c) Whether the Minneapolis-St. Paul lines of the vertical blanking interval for newspapers have in practice sold more the basic agreement of the Trans-Pacific transmission of signal to test the per­ Freight Conference (Hong Kong), Agree­ advertisement space to or mentioned formance of international circuits. It more often in their pages the program­ ment No. 14 as amended, by amending further states that there are many other Article 5 to permit voting by proxy. ing of and the call signs of the stations complexities contained in the docket owned by Midwest Radio-Television, Inc., Under this procedure, one member line which require considerable study and could give its proxy to another so long than other stations in the market, and coordination. whether there is any understanding or as the Chairpian/Secretary is notified of policy in this respect. 3. We are of the view that additional the fact through receipt of a copy of (d) Whether the stations owned by time is warranted and would serve the such an appointment. public interest. However, we feel that an Midwest Radio-Television, Inc., have ad­ Dated: April 22,1969. vertising rates or practices related by extension of 60 days instead of the re­ agreement, contract, policy or practice quested 90 days would be sufficient time By order of the Federal Maritime to the advertising rates and practices of in which to prepare the comments. It is Commission. the Minneapolis-St. Paul newspapers. important to get this matter resolved in T homas Lis i, 16. It is ordered, That Issue a is' time for the forthcoming international Secretary. amended to read as follows: conference. Accordingly, it is ordered, [P.R. Doc. 69-4996; Filed, Apr. 25, 1969; That the request for extension of time 8:47 am.] Issue a. To determine whether the licensee filed by Electronics Industries Associa­ and its owners have an undue concentration of control of the media of mass communica­ tion is granted in part and the time is tions in the Minneapolis-St. Paul area or any extended to and including June 16, 1969, [Docket No. 69-18] broader geographic area including Minne­ for the filing of comments and to and STRIKE SURCHARGES— NORTH apolis-St. Paul. including June 30, 1969, for the filing of reply comments in this proceeding. ATLANTIC/CONTINENT TRADES 17. It is further ordered, That the 4. This action is taken pursuant to Order To Show Cause times within which to file a petition for authority found in sections 4(i), 5(d) (1), reconsideration under § 1.111 of the rules and 303 (r) of the Communications Act The North Atlantic Continental and to file a motion addressed to the is­ Freight Conference (outbound) operates sues under § 1.229 are enlarged to 30 days of 1934, as amended, and § 0.281(d) (8 ) of the Commission’s rules. pursuant to Commission approved from publication of this order in the Agreement 9214 from U.S. North Atlantic Federal R egister. Adopted: April 21, 1969. ports in the Eastport, Maine/Hampton Adopted: April 16,1969. Released: April 22,1969. Roads Range to ports in Belgium, Hol­ land, and Germany (excluding German Released: April 23,1969. F ederal Communications Baltic ports). On December 1, 1968, this Commission, F ederal Communications conference established a 5 percent gen­ [seal] G eorge S. Smith, eral freight rate increase. On March 10, Commission,8 Chief, Broadcast Bureau. [seal] Ben F. W aple, 1969, it placed into effect a 10 percent Secretary. [P.R. Doc. 69-5006; Piled, Apr. 25, 1969; surcharge to enable the lines to recover 8:48 a.m.] [F.R. Doc. 69-5000; Piled, Apr. 25, 1969; expenses directly relating to the U.S. 8:47 a.m.] longshoremen’s strike.1 The Continental North Atlantic West­ bound Freight Conference (inbound) [Docket No. 18505] FEDERAL MARITIME COMMISSION operates pursuant to Commission ap­ TV SIGNAL SPECIFICATIONS TRANS-PACIFIC FREIGHT CON­ proved Agreement 8210 from ports of FERENCE (HONG KONG) Germany, the Netherlands, and Belgium Order Extending Time for Filing in the range between Hamburg (in­ Comments and Reply Comments Notice of Agreement Filed for cluded), and boundary line of Belgium Approval and France to U.S. North Atlantic ports In the matter of inquiry into possible in the Hampton Roads/Portland, Maine change in certain TV signal specifica- Notice is hereby given that the follow­ range. This conference did not establish ing agreement has been filed with the Commission for approval pursuant to sec­ any strike surcharge. 8 Chairman Hyde dissenting. Dissenting tion 15 of the Shipping Act, 1916, as statement of Commissioner Robert E. Lee 1 Recently the conference amended its hied as part of the original document. Com­ amended (39 Stat. 733, 75 Stat. 763, tariff to terminate the strike surcharge and missioner Wadsworth abstaining from voting. 46 U.S.C. 814). institute a 15 percent general freight rate Commissioner H. Rex Lee concurring in the Interested parties may inspect and ob­ increase subject to a maximum of $6 per ton result. tain a copy of the agreement at the as freighted, effective June 1, 1969.

FEDERAL REGISTER, VOL. 34, NO. 80— SATURDAY, APRIL 26, 1969 6994 NOTICES

The outbound group maintains a mem­ argument will be- announced at a later on February 15, 1965 (Board Order bership of 10 carriers—4 American flag date. No. 65; 30 F.R. 2377, February 20, and 6 foreign flag. The inbound group It is further ordered, That a notice of 1965). The requested expansion would consists of seven carriers—four Ameri­ this order be published in the F ederal add approximately 113,525 sq. ft. of can flag and three foreign flag. The R egister and that a copy thereof be covered storage area within the pier shed seven members of the inbound group are served upon all parties of record a list of Pier 39 and contiguous to the pier shed also members of the outbound group. of whom is attached as Appendix A. area of the existing zone. The grantee’s The organic agreement of the out­ It is further ordered, That persons original application contemplated future bound conference (No. 9214) indicates other than those already party to this expansion* to permit utilization of addi­ that rates are fixed based upon a three- proceeding who desire to become parties tional space within the Pier 39 area. quarters majority vote of those members in this proceeding and to participate The Acting Executive Secretary of the present at meetings. The organic agree­ therein shall file a petition to intervene Foreign-Trade Zones Board, pursuant to ment of the inbound conference (No. pursuant to Rule 5(1) of the Commis­ the Foreign-Trade Zones Board Regula­ 8210) indicates the same voting require­ sion’s rules of practice and procedure tions (15 CFR Part 400), designated ments governing the establishment of (46 CFR § 502.72). Jerome Sachs, Director, Transportation rates. It is further ordered, That all docu­ and Insurance Division, Bureau of In­ The'facts within the competence of ments submitted by any party of record ternational Commerce, U.S. Department the Commission, which are recited above, in this proceeding shall be directed to of Commerce, Washington, D.C., as Ex­ show that the outbound conference in­ the Secretary, Federal Maritime Com­ aminer to investigate the application for stituted a strike surcharge to recoup mission, Washington, D.C. 20573 in an compliance with the filing requirements losses from the most recent longshore­ original and 15 copies and shall be mailed of said regulations. The application was men’s strike; the inbound conference did directly to all parties of record. found to be in order on April 16, 1969. not institute such a surcharge. It would By the Commission. Accordingly, the Acting Executive Secre­ appear that the identity of membership tary has appointed an Examiners Com­ is such that the same carriers could have, [seal] T homas Lis i, mittee composed o f: Jerome Sachs, through their majority standing in both Secretary. Chairman; Ernest I. Mural, District conferences, instituted a surcharge in Appendix A Director of Customs, U.S. Bureau 'of in both directions. It further appears that North Atlantic Continental Freight Confer­ Customs, Honolulu, Hawaii; and, Col. the strike imposed similar, if not equal ence, 17 Battery Place, New York, N.Y. John A. Hughes, U.S. Army District expenses, upon the carriers in the trades. 10004. Engineer, Honolulu District, Corps of Therefore, it would appear that the Continental North Atlantic Westbound Engineers, Fort Armstrong, Honolulu, carriers who are members of both con­ Freight Conference, 79 Jozef de Bomstraat, Hawaii, to conduct an investigation of ferences and exercise control over both Antwerpen 1, Belgium. American Export Isbrandtsen Lines, Inc., the application and report thereon to conferences through the relevant voting the Foreign-Trade Zones Board. provisions have elected to recoup their 26 Broadway, New York, N.Y. 10004. Atlantic Container Line, Ltd., 26 Broadway, A copy of the application and accom­ strike expenses through the imposition New York, N.Y. 10004. of an outbound surcharge only. panying exhibits is available for public Belgian Line, Compagnie Maritime Beige inspection at the Office of the District It appears that this imposition of (Lloyd Royal), S.A., 61 St Katelijnevest, Antwerpen, Belgium. Director of Customs, U.S. Bureau of Cus­ charges against the outbound movement toms, Room 228, Federal Building, Hono­ only imposes a burden upon shippers in French Line, Compagnie Generale Trans- atlantique, 6 Rue Auber, Paris 9, France. lulu, Hawaii, and at the Office of the the United States which burden should Hamburg-American Line, Hamburg-Amerika Executive Secretary of the Foreign- be prorated among all the users of the Linie, Ballindamm 25, Hamburg, Germany. Trade Zones Board, Room 3325, U.S. carriers’ service, both inbound and out- Holland-America Line, N.V. Nederlandsch- Department of Commerce, Washington, boimd. This inequality of treatment Amerikaansche, Stoomvaart-Maatschappij, D.C. which is made effective through the ma­ Wilhelminakade 86, Post Office Box 486, chinery of approved section 15 agree­ Rotterdam, Holland. Notice is hereby given that, in connec­ ments appears to be detrimental to the Moore-McCormack Lines, Inc., 2 Broadway, tion with its consideration of the appli­ commerce of the United States and con­ New York, N.Y. 10004. cation, the Examiners Committee invites trary to the public interest. It therefore North German Lloyd, Norddeutscher Lloyd, interested persons to submit their written Schliessfach 47 ( 23), Bremen, Germany. views regarding the application. Such appears that the agreements have oper­ Sea-Land Service, Inc., Post Office Box 1050, ated in a manner in violation of section views must be submitted in writing to Elizabeth, N.J. 07207. Mr. Jerome Sachs, Chairman of the Ex­ 15. United States Lines, United States Lines, Inc., 1 Broadway, New York, N.Y. 10004. aminers Committee (Hawaii- Contiguous Now therefore, it is ordered, That the Expansion), Foreign-Trade Zones Board, respondents, as shown in Appendix A, [F.R. Doc. 69-5070; Filed, Apr. 25, 1969; Washington, D.C. 20230, within 30 cal­ show cause why they should not be found 8:48 a.m.] to be in violation of section 15 because endar days of the publication of this notice in the F ederal R egister. through their affirmative vote or through their nonaction they are responsible for Dated: April 22,1969. the inequitable apportionment of a strike FOREIGN-TRADE ZONES BOARD J ohn J. Da P onte, surcharge, and therefore, why the Com­ Acting Executive Secretary, mission should not order elimination of [Foreign-Trade Zone 9] the inequity. Foreign-Trade Zones Board. PIER 39, HONOLULU, HAWAII; AP­ [F.R. Doc. 69-4986; Filed, Apr. 25, 1969; It is further ordered, That this pro­ PLICATION FOR EXPANSION OF 8:46 a.m.] ceeding shall be limited to the submis­ BOUNDARY sion of affidavits and memoranda, re­ plies, and oral argument. Should any Notice of Filing and Investigation party feel that an evidentiary hearing be required, that party must accompany Notice is hereby given that an appli­ SECURITIES AND EXCHANGE any request for such hearing with a cation has been made to the Foreign- statement setting forth in detail the Trade Zones Board by the State of Ha­ COMMISSION facts to be proven, their relevance to waii, grantee of Foreign-Trade Zone No. 9, located at Pier 39, Honolulu, Hawaii, to p n o tc h uIta nium a n d the issues in this proceeding, and why MINING CORP. such proof cannot be submitted through for permission to contiguously expand affidavit. Requests for hearing and affi­ the boundaries of said Zone No. 9, pur­ Order Suspending Trading davits of fact and memoranda of law suant to the provisions of the Foreign- Trade Zones Act of June 18, 1934, as April 22,1969. shall be filed no later than close of busi­ amended (48 Stat. 998-1003; 19 U.S.C. It appearing to the Securities and Ex­ ness May 6, 1969. Replies shall be due 81a-81u). The grant authorizing the change Commission that the summary on May 16, 1969. Date and time of oral establishment of Zone No. 9 was issued suspension of trading in the common

FEDERAL REGISTER, VOL. 34, NO. 80— SATURDAY, APRIL 26, 1969 NOTICES 6995 stock of Top Notch Uranium and Min­ tion must be filed wth the field official between Caldwell, Tex., and Bryan, Tex., ing Corp., a Utah corporation; and all named in the F ederal R egister publica­ from Caldwell, over Texas Highway 21 other securities of Top Notch Uranium tion, within 15 calendar days after the to Bryan, and return over the same and Mining Corp. being traded otherwise date of notice of the filing of the appli­ route, serving all intermediate points, than on a national securities exchange is cation is published in the F ederal R egis­ for 150 days. Note: Applicant does pro­ required in the public interest and for the ter. One copy of such protest must be pose to tack and coordinate the above protection of investors; served on the applicant, or its authorized with all presently held authority, and to It is ordered, Pursuant to section 15 representative, if any, and the protests interline with other carriers. Support­ (c) (5) of the Securities Exchange Act of must certify that such service has been ing shippers: There are approximately 38 1934, that trading in such securities made. The proteste must be specific as statements of support attached to the otherwise than on a national securities to the service which such Protestant can application, which may be examined exchange be summarily suspended, this and will offer, and must consist of a here at the Interstate Commerce Com­ order to be effective for the period signed original and six copies. mission in Washington, D.C., or copies April 23, 1969, through May 2, 1969, both A copy of the application is on file, and thereof which may be examined at the dates inclusive. can be examined at the Office of the field office named below. Send protests Secretary, Interstate Commerce Com­ to: Billy R. Reid, District Supervisor, By the Commission. mission, Washington, D.C., and also in Interstate Commerce Commission, Bu­ [seal! Orval L. DttBois, the field office to which protests are to reau of Operations, 9A27 Federal Build­ Secretary. be transmitted. ing, 819 Taylor Street, Fort Worth, Tex. 76102. [F.R. Doc. 69-4984; Filed, Apr. 25, 1969; M otor Carriers of P roperty 8:46 a.m.] No. MC 61396 (Sub-No. 215 TA), filed No. MC 3252 (Sub-No. 57 TA), filed April 17, 1969. Applicant: HERMAN April 17, 1969. Applicant: PAUL E. MER­ BROS. INC., 2501 North 11 Street, RILL, doing business as MERRILL Omaha, Nebr. 68103. Authority sought to INTERSTATE COMMERCE TRANSPORT CO., 1037 Forest Avenue, operate as a common carrier, by motor Portland, Maine 04104. Applicant’s rep­ vehicle, over irregular routes, transport­ resentative: Francis E. Barrett, Jr., 536 ing: Vegetable oil (edible), in bulk, in COMMISSION Granite Street, Braintree, Mass. 02184. tank vehicles, from Archer Daniels Mid­ [S.0.1002; Car Distribution Direction Authority sought to operate as a com­ land Plant near Lincoln, Nebr., to points No. 28-A] mon carrier, by motor vehicle, over irreg­ in Iowa, Kansas, Missouri, South Da­ LOUISVILLE AND NASHVILLE RAIL­ ular routes, transporting: Petroleum kota, and Minnesota, for 180 days. Sup­ ROAD CO., AND ILLINOIS CENTRAL products, in bulk, in tank vehicles, from porting shipper: Archer Daniels Midland Plattsburg, N.Y., to points in Vermont, Co., 4666 Faries Parkway, Decatur, 111. RAILROAD CO. for 150 days. Supporting shipper: Green 62526 (William J. Whiting). Send pro­ Car Distribution Mountain Petroleum Corp., 345 Pine tests to: Keith P. Kohrs, District Super­ Street, Burlington, Vt. Send protests to: visor, 705 Federal Office Building, Upon further consideration of Car Donald G. Weiler, District Supervisor, Omaha, Nebr. 68102. Distribution Direction No. 28 (Louisville Interstate Commerce Commission, Bu­ No. MC 107496 (Sub-No. 726 TA), filed and Nashville Railroad Co.; Illinois Cen­ reau of Operations, Room 307, 76 Pearl April 17, 1969. Applicant: RUAN tral Railroad Co.) and good cause ap­ Street, Portland, Maine 04112. TRANSPORT CORPORATION, Third pearing therefor: No. MC 30837 (Sub-No. 368 TA), filed and Keosauqua Way, Post Office Box It is ordered, That: April 17, 1969. Applicant: KENOSHA 855, Des Moines, Iowa 50309. Applicant’s Car Distribution Direction No. 28 be, AUTO TRANSPORT CORPORATION, representative: H. L. Fabritz (same ad­ and it~ÏS hereby vacated. 4200 39th Avenue, Kenosha, Wis. 53140. dress as above). Authority sought to It is further ordered, That this order Applicant’s representative: Albert P. operate as a common carrier, by motor shall become effective at 4 p.m., April 22, Barber (same address as above). Author­ vehicle, over irregular routes, transport­ 1969, and that it shall be served upon ity sought to operate as a common car­ ing: Edible vegetable oils, in bulk, in the Association of American Railroads, rier, by motor vehicle, over irregular tank vehicles, from Lincoln, Nebr., to Car Service Division, as agent of all rail­ routes, transporting: Seat cabs, in truck - points in Kansas, Minnesota, South Da­ roads subscribing to the car service and away service, from Waterloo, Iowa, to kota, Iowa, and Missouri, for 150 days. per diem agreement under the terms of Racine, Wis., for 180 days. Supporting Supporting shipper: Archer Daniels Mid­ that agreement; and that it be filed with shipper: J . I . Case Co., Racine, Wis. land Co., 4666 Faries Parkway, Decatur, the Director, Office of the Federal 53404 (James P. Mooney, Traffic Depart­ 111. 62526. Send protests to: Ellis L. An- Register. ment, Components Division, Clausen nett, District Supervisor, Bureau of Op­ Issued at Washington, D.C., April 22, Plant). Send protests to: District Super­ erations, Interstate Commerce Commis­ 1969. visor Lyle D. Heifer, Interstate Com­ sion, 677 Federal Building, Des Moines, I nterstate Commerce merce Commission, Bureau of Opera­ Iowa 50309. Commission, tions, 135 West Wells Street, Room 807, No. MC 107496 (Sub-No. 727 TA), filed [seal] N. T homas Harris, Milwaukee, Wis. 53203. April 17, 1969. Applicant: RUAN Agent. No. MC 30867 (Sub-No. 176 TA), filed TRANSPORT CORPORATION, Third [F.R. Doc. 69-5002; Filed, Apr. 25, 1969; April 17, 1969. Applicant: CENTRAL and Keosauqua Way, Post Office Box 8:47 a.m.] FREIGHT LINES, INC., 303 South 12th 855, Des Moines, Iowa 50309. Applicant’s Street, Post Office Box 238, Waco, Tex. representative: H. L. Fabritz (same ad­ 76703. Applicant’s representative: H. L. dress as above). Authority sought to op­ [Notice 820] Patterson (same address as above). Au­ erate as a common carrier, by motor MOTOR CARRIER TEMPORARY thority sought to operate as a common vehicle, over irregular routes, transport­ AUTHORITY APPLICATIONS carrier, by motor vehicle, over regu­ ing: Petroleum products, in bulk, in tank lar routes, transporting: General com­ vehicles, from Huntington, Ind., to St. April 23, 1969. modities (except those of unusual value, Marys and Lima, Ohio, for 150 days. The following are notices of filing of household goods as defined by the Com­ Supporting shipper: Cheker Oil Co., Post applications for temporary authority mission in 17 M.C.C. 467, commodities in Office Box 216, Chicago Heights, 111. under section 210a(a) of the Interstate bulk, commodities requiring special 60411. Send protests to: Eillis L. Annett, Commerce Act provided for under the equipment, and those injurious or con­ District Supervisor, Interstate Com­ new rules of Ex Parte No. MC-67 (49 taminating to other lading); (1) between merce Commission, Bureau of Opera­ CFR Part 340) published in the F ederal Waco, Tex., and Hempstead, Tex., from tions, 677 Federal Building, Des Moines, Register, issue of April 27,1965, effective Waco over Texas Highway 6 to Hemp­ Iowa 50309. July 1, 1965. These rules provide that stead, and return over the same route, No. MC 115669 (Sub-No. 100 TA), filed protests to the granting of an applica­ serving all intermediate points; and (2 ) April 17, 1969. Applicant: HOWARD N.

FEDERAL REGISTER, VOL. 34, NO. 80— SATURDAY, APRIL 26, 1969 6996 NOTICES

DAHLSTEN, doing business as DAHL- Newark Airport, Newark, N.J., for 180 erations, 26 Federal Plaza, New York, STEN TRUCK LINE, Post Office Box days. Supporting shippers: Eastern Air N.Y. 10007. 95, Clay Center, Nebr. 68933. Authority Lines Inc., JFK International Airport, sought to operate as a common carrier, Jamaica, N.Y. 11430; American Airlines, Motor Carrier of P assengers by motor vehicle, over irregular routes, JFK International Airport, Jamaica, No. MC 129914 (Sub-No. 2 TA), filed transporting: Animal and poultry feed N.Y. 11430. Send protests to: District April 17, 1969. Applicant: YELLOW and ingredients thereof (other than Supervisor Anthony Chiusano, Interstate COACH LINES, INCORPORATED, Post liquid), from the plantsite of Schreiber Commerce Commission, Bureau of Op­ Office Box 287, 520 East Mary Street, Mills, Inc., at St. Joseph, MOi, to points erations, 26 Federal Plaza, N.Y. 10007. Bristol, Va. 24201. Applicant’s represent­ in Iowa and Nebraska, restricted to traf­ No. MC 128642 (Sub-No. 4 TA), filed ative: Clifford E. Sanders, 321 East Cen­ fic originating at the named origin and April 17, 1969. Applicant: SKYLINE ter Street, Kingsport, Tenn. 37660. Au­ destined to the named destinations, for TRANSPORT, INC., 6120 Eastbourne thority sought to operate as a contract 180 days. Supporting shipper: Schreiber Avenue, Baltimore, Md. 21224. Appli­ carrier, by motor vehicle, over irregular Mills, Inc., St. Joseph, Mo. 64502. Send cant’s representative: J. Meredith Rus­ routes, transporting: Passengers and protests to: District Supervisor Johnston, sell (same address as aboye). Authority their baggage, for the account of Appa­ Bureau of Operations, Interstate Com­ sought to operate as a common carrier, lachian League, Inc., between Kingsport merce Commission, 315 Post Office Build­ by motor vehicle, over irregular routes, and Johnson City, Tenn., and between ing, Lincoln, Nebr. 68508. transporting: Liquid sugar, invert sugar, Kingsport, Tenn., and Bristol, Va.-Tenn., No. MC 119543 (Sub-No. 6 TA), and blends of sugar, in bulk, from Balti­ for 180 days. Supporting shipper: Appa­ filed April 17, 1969. Applicant: HENRY more, Md., to Harlan, Hazard, and Pike- lachian League, Inc., Post Office Box 927, N. LANCIANI, Leominster Road, Ster­ ville, Ky., for 180 days. Supporting ship­ Bristol, Va. Send protests to: Clatin M. ling, Mass. 01564. Applicant’s represent­ per: W. Allen Adams, American Sugar Harmon, District Supervisor, Interstate ative: Arthur A. Wentzell, Post Office Co., 120 Wall Street, New York, N.Y. Commerce Commission, Bureau of Oper­ Box 720, Worcester, Mass. 01601. Au­ 10005. Send protests to: William L. ations, 215 Campbell Avenue SW., Ro­ thority sought to operate as a common Hughes, District Supervisor, Interstate anoke, Va. 24011. carrier, by motor vehicle, over irregular Commerce Commission, Bureau of Op­ routes, transporting: Coke, in bulk, in erations, 1125 Federal Building, Balti­ By the Commission. dump vehicles, from West Upton, Mass., more, Md. 21201. [seal] H. Neil Garson, to Amesbury, Beverly, Boston, Bridge- No. MC 133540 (Sub-No. 1 TA), filed Secretary. water, Brockton, Concord, Easton, Fitch­ April 17, 1969. Applicant: S. AND L. [F.R. Doc. 69-5003; Filed, Apr. 25, 1969; burg, Franklin, Graniteville, Lawrence, TRANSPORT, INC., Box 657, Huron, S. 8:47 a.m.] Lowell, Lynn, North Andover, Norwood, Dak. 57350. Applicant’s representative: Walpole, Whitman, Winchendon, Wol­ Daniel C. Lamke (same address as laston, Worcester, Mass., and Brentwood, above). Authority sought to operate as [Notice 334] Laconia, and Nashua, N.H., for 150 days. a common carrier, by motor vehicle, over MOTOR CARRIER TRANSFER Supporting shippers: Philadelphia Coke irregular routes, transporting: Grain, PROCEEDINGS Division, Eastern Associated Coal Corp., grain products, soybeans, flax seed, and Philadelphia, Pa., and 26 consignees. bulk fertilizer, from Kampeska, Henry, April 23, 1969. Send protests to: District Supervisor Elrod, Clark, Raymond, Doland, Frank­ Synopses of orders entered pursuant to Joseph W. Balin, Bureau of Operations, fort, Redfield, Zell, Rockham, Miranda, section 212(b) of the Interstate Com­ Interstate Commerce Commission, Room Faulkton, Burkmere, Seneca, and Leba­ merce Act, and rules and regulations pre­ 338, Federal Building, Springfield, Mass. non, S. Dak., to rail sites at Redfield, scribed thereunder (49 CFR Part 1132), 01103. Watertown, and Gettysburg, S. Dak., on appear below: No. MC 119702 (Sub-No. 35 TA), filed traffic having prior or subsequent move­ As provided in the Commission’s spe­ April 17, 1969. Applicant: STAHLY ment by rail, for 180 days. Supporting cial rules of practice any interested per­ CARTAGE CO., Post Office Box 486,130A shipper: Chicago and North Western son may file a petition seeking recon­ Hillsboro Avenue, Edwardsville, 111. Railway Co., 500 West Madison Street, sideration of the following numbered 62025. Authority sought to operate as a Chicago, 111. 60606, Harold E. Schwarz, proceedings within 20 days from the date common carrier, by motor vehicle, over Supervisor Piggyback Operations. Send of publication of this notice. Pursuant to irregular routes, transporting: Calcium protests to: J. L. Hammond, District section 17(8) of the Interstate Commerce chloride, in bulk, from Dubuque, Iowa, to Supervisor, Interstate Commerce Com­ Act, the filing of such a petition will post­ points in Minnesota, Wisconsin, Illinois mission, Bureau of Operations, Room pone the effective date of the order in (except to points in the East St. Louis, 369, Federal Building, Pierre, S. Dak. that proceeding pending its disposition. 111., commercial zone), and Iowa, for 57501. The matters relied upon by petitioners 180 days. Supporting shipper: The Dow No. MC 133640 (Sub-No. 1 TA), filed must be specified in their petitions with Chemical Co., General Office Building, April 17, 1969. Applicant: CORRIDOR particularity. 2030 Abbott Road Center, Midland, Mich. INTERURBAN TRANSPORT CORPO­ No. MC-FC-71144. By order of April 17, 48640. Send protests to: Harold C. Jol- RATION, 36-21 193d Street, Flushing, 1969, the Motor Carrier Board approved liff, District Supervisor, Interstate Com­ N.Y. Applicant’s representative: Bert the transfer to Southern Missouri merce Commission, Bureau of Opera­ Collins, 140 Cedar Street, New York, N.Y. Freight, Inc., 227 East Sunshine, Spring- tions, Room 476, 325 West Adams Street, 10006. Authority sought to operate as a field* Mo. 65804, of the certificate of . reg­ Springfield, 111. 62704. contract carrier, by motor vehicle, over istration in No. MC-129207 (Sub-No. 1) No. MC 127748 (Sub-No. 2 TA), filed irregular routes, transporting: Precast issued October 9, 1967, to L. N. Tolbert April 17, 1969. Applicant: FOURMEN products and articles, materials and and W. C. Short, a partnership, doing DELIVERY SERVICE, INC., 153-27 equipment used in connection with the business as Southern Missouri Freight, Rockaway Boulevard, Jamaica, N.Y. installation thereof in vehicles equipped Springfield, Mo., and transferred to L. N. 11434. Applicant’s representative: Bert with booms, from plant and storage Tolbert, doing business as Southern Mis­ Collins, 140 Cedar Street, New York, N.Y. sites of Precast, Inc., New York, N.Y., to souri Freight, 227 East Sunshine, Spring- 10006. Authority sought to operate as a points on the New Jersey Turnpike lo­ field, Mo. 65804, July 23, 1968, pursuant common carrier, by motor vehicle, over cated in Bergen, Hudson, Essex, Union, to No. MC-FC-70649, evidencing the irregular routes, transporting: Such and Middlesex Counties, N.J., returned right to engage in transportation in in­ commodities as are used or useful in shipments in opposite direction, for 180 terstate or foreign commerce solely with­ the maintenance, repair, and operation days. Supporting shipper: Precast, Inc., in the State of Missouri, corresponding of aircraft, except aircraft engines and 31-01 Union Street, Flushing 54, New to certificate of public convenience and commodities in bulk, between LaGuardia York, N.Y. Send protests to: District Su­ necessity No. T-25,449, issued July 17, Airport and JFK Airport at New York, pervisor Anthony Chiusano, Interstate 1967, by the Missouri Public Service N.Y., on the one hand, and on the other, Commerce Commission, Bureau of Op­ Commission.

FEDERAL REGISTER, VOL. 34, NO. 80— SATURDAY, APRIL 26, 1969 NOTICES 6907 No. MC-FC-71152. By order of A. Aubrey, Hoboken, N.J.; authorizing in bulk, and other specified commodities, April 17, 1969, the Motor Carrier Board the transportation of: Meat, meat by­ between Richmond, Va., on the one hand, approved the transfer to Berwick & products and other related commodities, and, on the other, points in those por­ Sons, Inc., West Lebanon, N.H., of the from Random Lake and Milwaukee, tions of King William and King and operating rights in permits Nos. Wis., to Rochelle Park and Hillside, N.J^ Queen Counties, Va., southeast of U.S. MC-117816 and MC-117816 (Sub-No. 1) and empty egg cases on the return; steel Highway 360, except points within 1 mile issued November 9, 1961, and August 5, junction boxes and other related com­ of U.S. Highway 360. Jno. C. Goddin, 200 1963, respectively, to Northeastern- modities, from, to, or between specified West Grace Street, Richmond, Va. 23220, Maiden Barrel Co., Inc., Malden, Mass., points in Connecticut, New York, New attorney for applicants. authorizing the transportation o f: Jersey, Pennsylvania, Ohio, Illinois, and No. MC-FC-71252. By order of Empty steel barrels, drums, pails, and Michigan, and, cheese from Smithfield, April 17, 1969, the Motor Carrier Board containers from Jersey City, N.J., to Utah, to New York, N.Y.; and cheese approved the transfer to Paul W. Hill, points in New York, Connecticut, Rhode from Monroe, Wis., to specified points in doing business as Hill Truck Line, Post Island, Massachusetts, Vermont, New New York, New Jersey, and Pennsyl­ Office Box 4, Onaga, Kans. 66521, of the Hampshire, and Maine. Prank J. Weiner, vania. George A. Olsen, 69 Tonnele Ave­ certificate in No. MC-84574, issued Octo­ Investors Building, 536 Granite Street, nue, Jersey City, N.J. 07306, represent­ ber 19, 1951 to Lester Brimer, Post Office Braintree, Mass. 02184, attorney for ing applicants. Box 262, Onaga, Kans. 66521, authoriz­ applicants. No. MC-FC-71189. By order of ing the transportation of general com­ No. MC-FC-71158. By order of April 17, 1969, the Motor Carrier Board modities and specific named commodities April 16, 1969, the Motor Carrier Board approved the transfer to Blanton Enter­ between named points in Kansas and approved the transfer to Aubrey Freight prises, Inc., Milford, Va., of a portion of Missouri. Lines, Inc.; Hoboken, N.J., of permits in certificate No. MC-61620, issued Decem­ Nos. MC-110884, MC-110884 (Sub-No. ber 13, 1966, to M & G Transportation [seal] H. Neil G arson, 4), and MC-110884 (Sub-No. 5), issued Co., Inc., Gloucester, Va., authorizing the Secretary. September 29, 1949, August 4, 1961, and transportation o f: General commodities, [F.R. Doc. 69-5004; Filed, Apr. 25, 1969; December 4,1962, respectively, to Francis excluding household goods, commodities 8:47 a.m.]

/

FEDERAL REGISTER, VOL. 34, NO. 80— SATURDAY, APRIL 26, 1969 No. 80----- 6 6998 FEDERAL REGISTER

CUMULATIVE LIST OF PARTS AFFECTED-—APRIL

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

3 CFR Page 7 CFR— Continued Page 10 CFR— Continued Page P roclamations: 815______6964 P roposed R ules: 3908 ______6467 849______— 6237 1______6002 3909 ______6679 862______6651 2______:__ 6002, 6540, 6931 3910 ______6961 905 _ 6277 50______6002, 6540, 6599 906 ______6075, 6651, 6848 115______6002 Executive Orders: 907 ______6034, 6325, 6572, 6848 Sept. 7, 1917 (revoked in part 908 ______6035, by PLO 4604)____ 6685 6325, 6326, 6470, 6572, 6729, 6849 12 CFR Sept. 27,1917 (revoked in part 910 _ 6181, 6437, 6470, 6681, 6729, 6965 201______i ______6417 by PLO 4604)______6585 911 __ 6438 204______:______6329 June 8, 1926 (revoked in part 912 ______6181, 6439, 6681, 6965 224____ 6472 by PLO 4604) — ______6585 913______6182, 6439, 6681 226______6417 Mar. 14,1927 (revoked by PLO 944______6516 329______6574 4600)______6584 959______6439, 6573 508-____ — ______„ 6575 718 (revoked by PLO 4597) ___ 6584 966______6326 563______6279 1357 (revoked by PLO 4623) __ 6689 980______6326 650—___ ;______— ______6329 1568 (revoked in part by PLO 987______6471 654____ ;______6329 4625) ______6690 1073______6516 P roposed R ules: 2067 (revoked in part by PLO 1103___ 6516 4596) —______;______6583 210______6739 1133______—_____ —___ _ 6182- 217______6200 4872 (revoked by PLO 4620) __ 6689 1421___ :______6965 5289 (revoked in part by PLO 226______6295 1430______6471 329______6198 4602)______6585 1434______6966 5327 (see PLO 4615)-______6658 526-______6199 1468______6328 545______6542 6276: 1472______6327 Revoked in part by PLO 563______6543 1483— ____ 6768,6769 569______6200 4610____ 6697 1601______:___ 6328 Revoked in part by PLO 4635______6779 P roposed R ules : 14 CFR 6544 (revoked in part by PLO 28______—___ 6244, 6852 4613)______. 6657 81______6283 39______6330, 6583: 362______6106,6194 6375, 6376, 6472, 6518, 6519, 6639, Revoked in part by PLO 725______6785 6640,6729, 6770 4610______,______6687 908______6787 71______—______5895, 5896 Revoked in part by PLO 913____ 6693 6038, 6075-6079, 6173, 6280, 6331, 4619—______6688 932______6482 6376, 6473-6475, 6519, 6640, 6682, 7106 (revoked in part by 950______6787 6683, 6771, 6907 PLO 4641)______6781 980______6396 73______5986, 6079, 6080, 6837 7415 (see PLO 4620)______6689 1004 ______6788 75______6979 8598 (revoked in part by PLO 1005 ______6531 93______6475 4617)______6688 1009______6531 97______6174, 6377, 6641, 6998 11248 (amended by EO 11463) _ 6029 1036— ______6531 203______i ______6771 11368 (amended by EO 11464) _ 6233 1060______6738 207 ______6772 11462 ______5983 1064______6482 208 ______6081,6773 11463 ______6029 1079______6589 212______6773 11464—______6233 1125____ 6697 214______6087,6773 11465 ______6415 1103______5998 249______6774 11466 ___ 6727 1138______6001 302______6838 1201______6738 385______6091 5 CFR 389______6838 1204______6393 213______5985, 8 CFR P roposed R ules: 6035, 6036,6180, 6515, 6639, 6730, 214___ 6036 6767, 6837 238__ _ 6036 23______6195 315______6639 316a__ 6036 25______6443 550—______5985, 6277 29______6196 735______6515 9 CFR 39______6398, 6659 P roposed R ules: 61______6112, 6484 83------_ 6573 71______6001, 890______6799 P roposed R ules: 6122, 6197, 6288, 6289, 6486-6489, 76______6047 6540, 6697, 6698, 6794 7 CFR 317______6284, 6538 73______6050 51 ______6180 75____ 6289,6660,6795 52 ______— 643710 CFR 91______6196 68------6963 121_____ 6112, 6196, 6198, 6333, 6443 215------6515 1 - 6972 123______6443 220______6321 2 ------6037 127______6196, 6198 319------6571,6963 30 ------6652, 6653 135____ 6195,6198 718------6235, 657231 ------6652 225______6489 777 ______6907 32 ------6652, 6653 244______—_ 6853 778 ______6767 50------6037,6769 296 ______6853 811------6469 73— ------6277 297 ___ 6853 813 ------6321 115------6037, 6972 298 ______6256 814 ------6031 150------6517,6770 399—______6853 FEDERAI REGISTER 6999 Pago 15 CFR pag” 22 CFR page 36 CFR 30______— ______6183 41______6479 7______6331, 6523 372 ______6091 P roposed R ules: 373 ______6092 24 CFR 7______6283,6660, 6931 379______6094 25 ______6421 385______6096 200______6183, 6575 37 CFR Proposed R ules: 207—s,—______6980 1______6843 1000______6246, 6254 213______6980 P roposed R ules: 220 ______6980 1______6852 16 CFR 221 ______6980 232—______—______6981 39 CFR 13______6039, 235 ______6981 6040, 6097-6100, 6393, 6476-6478, 201______6101 236 ______6981 542______6190 6774-6776 242______6183 15...... 6519, 6654, 6655, 6907 822______5989 1000______6982 832______6101 303______6776 1100______6982 Proposed R ules: 1906______6421 P roposed R ules: 132______5998 250—_____ 6857 P roposed R ules: 17 CFR 1907______6245 41 CFR 1______6478 25 CFR 1-3™ ______6844 150______6777 1-6______6844 231______6575 503______6838 5-1____ 6192 240______6101 P roposed R ules: 5-2------6192 249______6730 257______6783 5-3______6192 279______6730 5-53______5990 8 - 6 Proposed R ules: 26 CFR ------6730 8 - 8 ------6730 240______6700 601______6424 8-12------— 6731 18 CFR P roposed R ules: 8- 18______6732 41______6244, 6333 9- 1------6578 141______*______6520 9-2------6578 Proposed R ules: 29 CFR 9-3------6579 9-6------6579 50______6984 1504______6150 160______6984 9-7______6579 P roposed R ules: 9-8------6579 19 CFR 52______6983 9-14—----- —------—______6579 850______6396 9-18------6579 1______6375, 6923 9-58______6582 8______6418 30 CFR 12-3------6242 10______6520, 6655 12-7------6243 16_____ „ ______5986, 6418 P roposed R ules: 12-15— '------6243 14...... 6735 12B-3______6687 20 CFR 55 ------6737 14-2______6982 404______6973 56 __ 6737 14-7------6982 57 ...... 6737 50-201__ 6687 21 CFR 50-204______6779 2______— 6237 31 CFR 101-18______6732 101-19______6192 8______6777, 697,5 54------6982 17______6479 82------6393 42 CFR 120 __ 6041, 6239, 6418, 6419, 6655, 6976 205------6521 121 ____ 6043, P roposed R ules: 81------6394, 6436 6239, 6240, 6419, 6684, 6778, 6976, 306______6930 P roposed R ules: 6977 73------6047 128______6977 32 CFR 76------6122 130— ______6778 81------6539 138____ 6043 198------5987 141______6420 200-______6375 43 CFR 145______6044 536 ------6241, 6839 146,.______6237 537 ------6433 4------6924 147______6241 806a______6841 P ublic Land Orders: 148p______6420 1711»------6778 191 (revoked in part by PLO 148v______6044 1812------6843 4607)_—______6587 149d______6420 235 (revoked by PLO 4615)__ 6658 281______u 5987 32A CFR 261 (revoked in part by PLO 320______6685 4607)______6587 NSA (Ch. XVIII) : 881-(see PLO 4607)______6587 Proposed R ules: AGE 1______6522 1227 (revoked in part by PLO 3______6441 INS-1______6188, 6656 4624)______6690 8------6396 1273 (revoked in part by PLO 120______6442 33 CFR 4607)______6587 121—______6194, 6284, 6442 1564 (revoked in part by PLO 130-,______— 6443 110______5988, 6480, 6577, 6685 4624)______6690 141______6443 117------5989, 6280 1567 (revoked in part by PLO 141c______6284 204— ------6656 4639)__ 6780 146c______i______6284 207------—------6480, 6924 1626 (amended by PLO 4636) _ 6780 146d______6284 401—------6685 2198 (revoked in part by PLO 146e______6284, 6443 P roposed R ules: 4593)______6583 148h______— 6983117—------6539 2375 (revoked by PLO 4633)— 6779 7000 FEDERAL REGISTER

43 CFR—Continued Page 43 CFR—Continued Page 47 CFR Page Public Land Orders—Continued P ublic Land Orders—Continued 0 ------6480, 6524 2400 (amended by PLO 4621) _ 6689 4621------6689 1 ------6480 2548 (revoked by PLO 4595)_ 6583 4622 ------6689 17—------6480 2671 (see PLO 4609)______6656 4623______6689 21------6525 2712 (revoked in part by PLO 4624------6690 43------6526 4624)______6690 4625—------6690 73------5996,6781 2931 (revoked in part by PLO 4626 ______1 6690 81------6527 4624)______6690 4627 ------6690 83------6527 3707 (revoked in part by PLO 4628 ______6691 87------;------6528 4605)______6586 4629—______6691 97------—_____ 6528 4498 (revoked in part by PLO 4630 ------6691 P roposed R u l e s: 4612)______6657 4631 ------6691 4513 (revoked by PLO 4608)_ 6587 1------6932 4632 ------6692 21------——_ 6932 4522 (see PLO 4615)______6658 4633 ------6779 4582: 4634 ______6779 43------6932 Modified by PLO 4589_____ 6331 4635 ------6779 63------6290,6799 See PLO 4618___ 6688 7 3 „ 6293, 6397, 6698, 6699, 6800, 6932 4636 _____ 6780 95 4589 ______- ______6331 4637 ------6780 ------6293 4590 ______6524 4638 _____ 6780 97------6294, 6334 4591 __ 6524 4639 ------6780 4592 ______6583 4640 ------6781 49 CFR 4593 ______6583 4641 ------6781 1------6395, 6692 4594 ______6583 4642 ------6781 7------6436 4595 ______6583 4643 ------6845 71------6849 4596 ______6583 4644 ------6845 173------6437 4597 _____ 6584 4645 ------6846 371------6102 4598 ______6584 4646 ------6846 389------6851 4599 ______6584 4647 ------6848 393------6851 4600 ______6584 4648 ------6846 395------6851 4601_.______6585 4649 ----- 6847 1033------5997, 4602 ______6585 4650 ------„------6847 6281, 6395, 6529, 6530, 6587, 6588, 4603 ______6585 4651 ------6847 6733 4604 ______6585 4652 ------6847 P roposed R ules : 4605 ______I______6586 4653 ------6847 4606 ______6587 171------6795 4607 ______6587 45 CFR 173______6290, 6444, 6795, 6797 4608 ___ 6587 178______6795,6797 40----- _I1------5990 180______6798 4609 ______6656 121------6281 4610 ______6687 371______6739 393______6001, 6852 4611 ------6657 46 CFR 4612 ______6657 Ch. X______6800 4613 ______6657 255------5991 1048______6050,6801 4814______6657 309------5991 1203——______6984 4615 ______6658 370------6928 1307——______6296 4616 ______6688 375------6929 4617 ______6688 P roposed R ules: 50 CFR 4618 ______6688 527 ______6502 28______61Û3, 6282, 6331, 6733, 6782 4619 ______6688 528 ______6502 33______6104, 4620 ______6689 537______6502 6105, 6282, 6332,6529,6734,6782

g o v e rn m e n t organization S manual GOVERNMENT 196« 196» Presents essential Information about Government agencies (updated and republished annually). Describes the creation and authority, organization, and functions of the agencies in the legislative, judicial, and executive branches. This handbook is an indispensable reference tool for teachers, librarians, researchers, scholars, lawyers, and businessmen who need current official information about the U.S. Government. The United States Government Organization Manual is the official guide to the functions of the Federal Government. 00 2per c o p y . Paperbound, with charts Order from Superintendent of Documents, U .S. Government Printing Office, Washington, D.C. 20402.