FEDERAL REGISTER VOLUME 33 • NUMBER 52 Friday, March 15, 1968 • Washington, D.C. Pages 4555-4609

Agencies in this issue— The President Civil Aeronautics Board Coast Guard Consumer and Marketing Service Federal Aviation Administration Federal Communications Commission Federal Power Commission Food and Drug Administration Housing and Urban Development Department Immigration and Naturalization Service Interagency Textile Administrative Committee Interstate Commerce Commission Maritime Administration Monetary Offices National Park Service Post Office Department Securities and Exchange Commission Small Business Administration Detailed list o f Contents appears inside. Just Released

CODE OF FEDERAL REGULATIONS

(As of January 1, 1968)

Title 10—Atomic Energy (Revised)______$1.00

Title 13— Business Credit and Assistance (Revised)___ . 70

Title 21—Food and Drugs (Part 147-End) (Revised)— 1. 00

[A cumulative checklist of CFR issuances for 1J968 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 FEDERAL|pEGISTER Archives and Records Service, General Services Administration (mail address National Area Code 202 «3* ^ Phone 962-0626 C ¿/Jklircn____ 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.O., Ch. 8B), under regulations prescribed by the Admin­ istrative Committee of the Federal Register, approved by the President (1 CFR Ch. I ). Distribution is made only by the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. T he Federal R egister -will be furnished by mail to subscribers, free of postage, for $1.50 per month or $15 per year, payable m 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 op F ederal R egulations, which is published, under 50 titles, pur* suant to section 11 of the Federal Register Act, as amended. The Code op F ederal R egulations is sold by the Superintendent of -Documents. Prices of books and pocket supplements are listed in the first Federal R egister issue of each month. There are no restrictions on the republication of material appearing in the F ederal R egister or the Code op Federal R egulations. Contents

Notices INTERAGENCY TEXTILE THE PRESIDENT Coordination of police frequency requests______4595 ADMINISTRATIVE COMMITTEE EXECUTIVE ORDER Hearings, etc.: Notices Modifying Executive Order No. Kaysbier, Fred, and Sierra Cotton textiles and products under 6868 of October 9, 1934, as Blanca Broadcasting Co. amended, designating the au­ long-term arrangement regard­ (KRRR)______4595 ing international trade; amend­ thority to carry out the provi­ KFPW Broadcasting Co. and sions of the District of Columbia ment to tariff schedules of U.S. Broadcasters Unlimited------4596 annotated numbers______4600 Alley Dwelling Act______4559 Tri-State Broadcasting Co., Inc. (KUPD)______m ____ 4596 EXECUTIVE AGENCIES WMGS, Inc. (WMGS), and INTERIOR DEPARTMENT Ohio Radio, Inc______4596 See National Park Service. AGRICULTURE DEPARTMENT WSTE-TV, Inc. (WSTE)____ 4596 See Consumer and Marketing Service. FEDERAL POWER COMMISSION INTERSTATE COMMERCE CIVIL AERONAUTICS BOARD Notices COMMISSION Notices Hearings, etc.: Notices Hearings, etc.: Cascade Natural Gas Corp____ 4599 Fourth section applications for Redfern Oil Co______4600 relief (2 documents)______4605 Allstates Air Cargo, Inc______4594 Trunkline Gas Co______4600 • Southern Airways route realign­ Increased freight rates, 1968 (2 ment case______4595 documents) ______4603,4604 Space available airlift of mili­ FOOD AND DRUG Motor carriers: tary mail______4594 ADMINISTRATION Temporary authority applica­ tions ______4606 COAST GUARD Rules and Regulations Transfer proceedings (2 docu­ Rules and Regulations Applesauce, canned; standards of ments ______4605, 4606 Drawbridge operation; Bayou identity and fill of container— 4574 Bienvenue, La______4576 Food additives: JUSTICE DEPARTMENT Antioxidants and/or stabilizers COMMERCE DEPARTMENT for polymers______4576 See Immigration and Naturaliza­ See Maritime Administration. Cellophane ______4575 tion Service! Proposed Rule Making CONSUMER AND MARKETING MARITIME ADMINISTRATION Cherry pie; standards of identity SERVICE and quality; extension of time_ 4587 Notices Rules and Regulations Notices List of free world and Polish flag Grapefruit: Petitions: vessels arriving in Cuba since Import regulation______4561 January 1, 1963.______4591 Shipments limitation^.______4561 Grace, W. R., & Co.; food additives______4593 Proposed Rule Making Kendall Co.; food additives___ 4593 MONETARY OFFICES Milk handling in certain market­ ing areas; recommended, de­ Meer Corp.; color additives___ 4593 Rules and Regulations cisions: Shell Chemical Co.; pesticide Transactions in foreign exchange, chemicals ___ 4593 Oklahoma Metropolitan, North transfers of credit, and export of Texas, and Texas Panhandle. 4586 Tri-State et al______4581 HEALTH, EDUCATION, AND coin and currency; foreign debit Wichita, Kans______4585 and credit balances______4576 WELFARE DEPARTMENT federal a v ia t io n See Food and Drug Administration. NATIONAL PARK SERVICE ADMINISTRATION Notices HOUSING AND URBAN Rules and Regulations Authority delegations: Federal airway; designation_____ 4562 DEVELOPMENT DEPARTMENT Deputy Associate Director and Standard instrument approach Notices Assistant ______4591 P roced u res ; miscellaneous Deputy Associate Director et al_ 4591 amendments______;______4563 Assistant Secretary for "Adminis­ tration; authority delegation_ 4593 federal communications POST OFFICE DEPARTMENT COMMISSION IMMIGRATION AND Notices Rules and Regulations NATURALIZATION SERVICE Director, Realty Division, Bu- ^ e s t i c public radio services reau of Facilities: ° “ Jer than maritime mobile; Rules and Regulations Delegation of authority______4589 Exercise of authority______4589 reduction of separation between Miscellaneous amendments assignable frequencies______4577 to chapter______4561 (Continued on next page) 4557 4558 CONTENTS

SECURITIES AND EXCHANGE COMMISSION Notices Hearings, etc.: American Electric Power Co., I n c ______4601 American Natural Gas Co_____ 4601 Liberty Corp______4602 Potomac Edison Co. et al______4603 Rover Shoe Co______4603 SMALL BUSINESS ADMINISTRATION Rules and Regulations Small business size standards; determinations------4562 TRANSPORTATION DEPARTMENT See Coast Guard; Federal Avia­ tion Administration. TREASURY DEPARTMENT See Monetary Offices.

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 , 1968. and specifies how they are affected.

3 CFR 8 CFR 14 CFR E x e c u t iv e O r d e r s: 211___ 4561 71______4562 6868 (modified by EO 11401) 4559 235______4562 97______4563 7784-A (see EO 11401)____ 4559 238______4562 8033 (seeEO 11401)______4559 343a______4562 9344 (seeEO 11401)______4559 21 CFR 9916 (seeEO 11401)______4559 13 CFR 27______4574 10128 (seeEO 11401)____ _ 4559 121______4562 11401.______4559 121 (2 documents)______4575,4576 P ro po sed R u l e s : 7 CFR 28______4587 905______- 4561 944______4561 P ro po sed R u l e s : 31 CFR 1005______4581 128______4576 1033 ______4581 1034 ______4581 1035 ______4581 33 CFR 1046___ 4581 117______4576 1049______4581 1073_____ 4585 1106___ 4586 47 CFR 1126______4586 1132_____ 4586 21...... — 4577 Presidential Documents

Title 3— THE PRESIDENT Executive Order 1T 401 MODIFYING EXECUTIVE ORDER NO. 6868 OF OCTOBER 9, 1934, AS AMENDED, DESIGNATING THE AUTHORITY TO CARRY OUT THE PROVISIONS OF THE DISTRICT OF COLUMBIA ALLEY DWELLING ACT By virtue of the authority vested in me by the District of Columbia Alley Dwelling Act, as amended (D.C. Code, §§ 5-103 to 5-116, inclu­ sive), I hereby designate the Commissioner of the District of Columbia as the Authority to carry out the provisions of the said Act. Such Authority shall be deemed a continuation of the Authority heretofore designated under Executive Order No. 6868 of October 9, 1934, as amended. In carrying out his functions as such Authority, the Com­ missioner shall be known as the “National Capital Housing Authority”. The Assistant to the Commissioner o f the District o f Columbia shall, to the extent the Commissioner may direct, act for him in carrying out the functions of the Authority, and, during the absence or disability of the Commissioner or in the event of a vacancy in the office of Commis­ sioner, the Assistant to the Commissioner shall act as the Authority. Executive Order No. 6868 of October 9,1934, as amended by Execu­ tive Orders Nos. 778^-A of January 5,1938, 8033 of January 11, 1939, 9344 of May 21,1943, 9916 of December 31,1947, and 10128 of June 2, 1950, is modified to the extent provided herein.

T he W hite H ouse, MarchjLS, 1968. [F.R. Doc. 68-3239 ; Filed, Mar. 13,1968 ; 2: 56 p.m.]

FEDERAL REGISTER, VOL 33, NO. 52— FRIDAY, MARCH 15, 1968

4561 Rules and Regulations

3. Paragraph (a) (1) (iv) is revised towith the provisions for the application Title 7— AGRICULTURE read as follows : of tolerances specified in the U.S. Stand­ (iv) Any seedless grapefruit, other ards for Florida Grapefruit. (“Improved Chapter IX— Consumer and Market­ than pink seedless grapefruit, grown in No. 2 Russet” shall mean grapefruit ing Service (Marketing Agreements Regulation Area II, which do not grade grading at least U.S. No. 2 Russet and and Orders); Fruits, Vegetables, at least Improved No. 2, or any pink seed­ also meeting the requirements of the less grapefruit grown in such area which U.S. No. 1 grade as to shape (form) and Nuts), Department of Agriculture color.) [G rapefruit Reg. 66, Arndt. 6] do not grade at least Improved No. 2 Russet; or It is hereby found that it is imprac­ PART 905— ORANGES, GRAPEFRUIT, (Secs. 1—19, 48 Stat. 31, as am ended; 7 U.S.C. ticable, unnecessary, and contrary to the TANGERINES, AND TANGELOS 601-674) public interest to give preliminary notice, GROWN IN FLORIDA engage in public rule-making procedure, Dated March 11, 1968, to become and postpone the effective time of this Limitation of Shipments effective March 11,1968. amendment beyond that hereinafter specified (5 U.S.C. 553) in that (a) the Findings. (1) Pursuant to the market­ P a u l A. N ic h o l s o n , Deputy Director, Fruit and requirements of this amended import ing agreement, as amended, and Order regulation are imposed purusant to sec­ No. 905, as amended (7 CFR Part 905)', Vegetable Division, Consumer and Marketing Service. tion 8e of the Agricultural Marketing regulating the handling of oranges, Agreement Act of 1937, as amended (7 grapefruit, tangerines, and tangelos [F.R. D oc. 68-3166; Filed, Mar. 14, 1968; U.S.C. 601-674), which makes such grown in Florida, effective under the 8:46 a.m .] regulation mandatory; (b) such regula­ applicable provisions of the Agricultural tion imposes the same restrictions on Marketing Agreement Act of 1937, as [Grapefruit Reg. 9, Amdt. 4] imports of all grapefruit as the grade amended (7 U.S.C. 601-674), and upon and size restrictions being made appli­ the basis of the recommendations of the PART 944— FRUIT; IMPORT cable to the shipment of all grapefruit committees established under the afore­ REGULATIONS grown in Florida under amended Grape­ said amended marketing agreement and Grapefruit fruit Regulation 66 (§ 905.495) ; ,(c) com­ order, and upon other available informa­ pliance with this amended import regu­ tion, it is hereby found that the limita-- Pursuant to the provisions of section lation will not require any special prep­ tion of shipments of grapefruit, as 8e of the Agricultural Marketing Agree­ aration which cannot be completed by hereinafter provided, will tend to effec­ ment Act of 1937, as amended (7 U.S.C. the effective time hereof; and (d) this tuate the declared policy of the act. 601-674), the provisions of paragraph amendment relieves restrictions on the (2) It is hereby further found that it is (a) of Grapefruit Regulation 9 (§ 944.105, importation of grapefruit. impracticable, unnecessary, and contrary 32 F.R. 12938, 17425, 33 F.R. 848, 3215) (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. to the public interest to give preliminary are hereby amended as follows: 601-674) notice, engage in public rule-making 1. Paragraph (a) is amended to read procedure, and postpone the effective as follows: Dated March 11, 1968, to become ef­ date of this amendment until 30 days fective March 11, 1968. after publication thereof in the F ederal (a) On and after March 11, 1968, the importation into the United States of any P a u l A . N ic h o l s o n , R egister (5 U.S.C. 553) in that the time Deputy Director, Fruit and intervening between the date when infor­ grapefruit is prohibited unless such grapefruit is inspected and meets the Vegetable Division, Consumer mation upon which this amendment is and Marketing Service. based became available and the time following requirements: when^ this amendment must become [F.R. Doc. 68-3167; Filed, Mar. 14, 1968; 2. Paragraph (a) (2) is amended to 8:46 a.m.] effective in order to effectuate the de­ read as follows: clared policy of the act is insufficient; and this amendment relieves restrictions (2) Seedless grapefruit, other than on the handling of grapefruit grown in pink seedless, shall grade at least Im­ Title 8— ALIENS AND Florida. proved No. 2 and be of a size not smaller Order. The provisions of § 905.495 than 3%6 inches in diameter, except that NATIONALITY (Grapefruit Reg; 66, 32 F.R. 12907, 16525, a tolerance of 10 percent, by count, of 17925, 33 F.R. 221,-847, 3214) are hereby seedless grapefruit smaller than such Chapter I— Immigration and Natural­ minimum size shall be permitted, which amended in the following respects : ization Service, Department of 1. The provisions of paragraph (a) (1) tolerance shall be applied in accordance Immediately preceding subdivision (i) with the provisions for the application of Justice thereof are revised to read as follows: tolerances, specified in the U.S. Stand­ MISCELLANEOUS AMENDMENTS TO ards for Florida Grapefruit. (“Improved (1) During the period beginning No. 2” shall mean grapefruit grading at CHAPTER March 11, 1968, through September 8, least U.S. No. 2 and also meeting the re­ The following amendments to Chap­ 1968, no handler shall ship between the quirements of the U.S. No. 1 grade as to ter I of Title 8 of the Code of Federal production area and any point outside shape (form) and color.) Regulations are hereby prescribed: thereof in the continental United States, Canada, or Mexico : 3. The following provisions are added PART 211— DOCUMENTARY RE­ as paragraph (a) (3) immediately after QUIREMENTS: IMMIGRANTS; 2. Paragraph (a) (1) (iii) is revised to paragraph (a) (2) : WAIVERS read as follows: (3) Pink seedless grapefruit shall The fifth sentence of subparagraph (iii) Any seedless grapefruit, other grade at least Improved No. 2 Russet (1) Form 1-151, Alien Registration Re­ than pink seedless grapefruit, grown in and be of a size not smaller than 3%e ceipt Card of paragraph (b) Aliens re­ Regulation Area I, which do not grade inches in diameter, except that a toler­ turning to an unrelinquished lawful per­ ance of 10 percent, by count, of pink manent residence of § 211.1 Visas is at least U.S. No. 1, or any pink seedless seedless grapefruit smaller than such grapefruit grown in such area which do amended to read as follows: “An alien minimum size shall be permitted, which who proceeded abroad temporarily with­ hot grade at least U.S. No. 1 Golden; tolerance shall be applied in accordance out a reentry permit and in whose case

FEDERAL REGISTER, VOL. 33, NO. 52— FRIDAY, MARCH 15, 1968 4562 RULES AND REGULATIONS subsequent to his departure from and 2. The second sentence of § 343a.2 is (f) Section 121.3-6 of Part 121, “Ap­ prior to his return to the United States deleted. peals” . The Size Appeals Board only has jurisdiction to consider appeals from the Service has approved travel to, in, (Sec. 103, 66 Stat. 173; 8 U.S.C. 1103) or through any of the other place or formal determinations as to a concern’s places named in this subparagraph for This order shall be effective on the small business size status. It has no juris­ which Form 1-151 is not valid may, in date of its publication in the F ederal diction to consider an appeal from an lieu of an immigrant visa or reentry R e g is t e r . Compliance with the provi­ informal opinion or advice concerning a permit, present Form 1-151 together with sions of section 553 of title 5 of the United company’s small business size status, an the letter from an officer of the Service States Code (Public Law 89-554, 80 Stat. opinion as to a company’s future small approving his travel to, in, or through 383), as to notice of proposed rule mak­ business size status based on proposed the place or places named in the letter, ing and delayed effective date, is unneces­ but unexecuted changes in its organiza­ if he is returning to an unrelinquished sary in this instance because the amend­ tion, management or contractual rela­ lawful permanent residence in the ment to § 211.1(b)(1) is clarifying in tions, or an appeal based on an allegation United States after a temporary absence nature; the amendment to § 235.4 relates that the small business size standard abroad not exceeding 1 year.” to agency procedure; the amendments established by SBA for a particular in­ to §§ 238.3(b) and 238.4 add transporta­ dustry or field of operation is improper PART 235— INSPECTION OF PER­ tion lines to the listings; and the amend­ for the purpose intended. SONS APPLYING FOR ADMISSION ment to § 343a.2 confers a benefit upon No te : In accordance with. 5 TJJ3.C. 553, no­ persons affected thereby. tide of and public procedure on, this amend­ Section 235.4 Notations on documents ment to Part 121 of Chapter I of Title 13 of is amended by inserting the following Dated: March 11,1968. the Code of Federal Regulations is omitted sentence after the existing first sen­ R a y m o n d F . F a r r e l l, as it contains only interpretive rules. tence: “In the case of an alien seeking Commissioner of Dated: March 8, 1968. entry as a student, the name of the Immigration and Naturalization. school he is admitted to attend shall R o b e r t C. M o o t , [F.R. D oc. 68-3164; Filed, Mar. 14, 1968; Administrator. be entered on the Form 1-94 by the im­ 8:46 a.m.] migration officer.” [FJt. Doc. 68-3162; Filed, Mar. 14, 1968; 8:45 a.m .] PART 238— CONTRACTS WITH TRANSPORTATION LINES Title 13— BUSINESS CREDIT 1. The listing of transportation lines in paragraph (b) Signatory lines of AND ASSISTANCE Title 14— AERONAUTICS AND § 238.3 Aliens in immediate and contin­ uous transit is amended by adding in Chapter I— Small Business SPACE alphabetical sequence the following Administration Chapter I— Federal Aviation Admin­ transportation line: “Alaska Airlines, Inc.” [Rev. 7, Am dt. 9] istration, Department of Transpor­ 2. The listing of transportation lines PART 121— SMALL BUSINESS SIZE tation under the heading “At Montreal” in STANDARDS SUBCHAPTER E— AIRSPACE § 238.4 Preinspection outside the United [Airspace D ocket No. 67-CE—158] States is amended by adding in aphabet- Size Determinations ical sequence the following transporta­ Section 121.3-14 of Part 121 of Chapter PART 71— DESIGNATION OF FEDERAL tion line: “Canadian Pacific Airlines, I of Title 13 of the Code of Federal Regu­ AIRWAYS, CONTROLLED AIRSPACE, Limited.” lations is hereby amended by adding new AND REPORTING POINTS paragraphs (e) and (f) to § 121.3-14 as PART 343a— NATURALIZATION AND follows: Designation of Federal Airway CITIZENSHIP PAPERS LOST, MUTI­ § 121.3—14 Interpretations. On January 5, 1968, a notice of pro­ LATED, OR DESTROYED; NEW CER­ ***** posed rule making was published in the TIFICATE IN CHANGED NAME; CER­ F ederal R e g is t e r (33 F.R. 150) stating (e) Section 1213-4 of Part 121, “Ap­that the Federal Aviation Administra­ TIFIED COPY OF REPATRIATION plication for Small Business Size Status Determination.” Contracting officers, in tion was considering an amendment to PROCEEDINGS Part 71 of the Federal Aviation Regula­ 1. The first sentence of § 343a.2 Re­ order to determine whether to set par­ tions that would designate a VOR Fed­ turn or replacement of surrendered ticular contracts aside for exclusive eral airway from Dubois, Idaho, to certificate of naturalization or citizen­ award to small business concerns or Drummond, Mont., via Bozeman, Mont. ship is amended to read as follows: “A whether to send invitations for bids to Interested persons were afforded an certificate of naturalization or citizen­ particular concerns, may require infor­ opportunity to participate in the pro­ ship in a Service file which was sur­ mation from SBA concerning the small posed rule making through the sub­ rendered on a finding that loss of United business size status of such concerns and mission of comments. All comments re­ States nationality had occurred directly be unable to wait for a formal small business size determination. In such ceived were favorable. or through a parent by reason of section In consideration of the foregoing, cases informal advice or information may 404 (b) or (c) of the Nationality Act of Part 71 o f the Federal Aviation R e g u la ­ 1940 or section 352 of the Immigration be given based on the best evidence avail­ tions is amended, effective 0001 e.s.t., and Nationality Act and which finding is able concerning the small business size May 23, 1968, as hereinafter set fo rth . no longer valid in view of Schneider v. of such a concern. However, such in­ Section 71.123 (33 F.R. 2009) is Rusk, 377 U.S. 163, or a certificate of formal advice is not a small business size amended by adding the following: naturalization or citizenship in a Service determination within the meaning of that term in the Small Business Size V-343 From Dubois, Idaho, 12 AGL Boze­ file which was surrendered on a finding man, Mont., 51 miles, 12 AGL, 34 miles, 103 that loss of United States nationality Standards Regulation and is not binding MSL, 84 MSL Drummond, Mont. had occurred pursuant to section 401(e) with respect to eligibility as a small busi­ of the Nationality Act of 1940 or section (Sec. 307(a), Federal Aviation Act of 1958; ness for the purpose of a particular 49 UJ5.C. 1348) 349(a) (5) of the Immigration and Na­ Government procurement. Further, an tionality Act and which finding is no Issued in Washington, D.C., on M a rch longer valid in view of Afroyim v. Rusk, opinion as to a concern’s future small 8, 1968. 387 U.S. 253, may be returned to the per­ business, size status, based on proposed H . B. H e l s t r o m , son to whom it was issued, notwith­ but unexecuted changes in its organiza­ Chief, Airspace and Air standing the fact that he has since been tion, management or contractual rela­ Traffic Rules Division. naturalized or repatriated in the United tions, is not a small business size [F.R. Doc. 68-3202; Filed, Mar. 14, 1968; States or abroad.” determination. 8:49 a m .]

FEDERAL REGISTER, VOL. 33, NO. 52— FRIDAY, MARCH 15, 1968 RULES AND REGULATIONS 4563

SUBCHAPTER F— AIR TRAFFIC AND GENERAL OPERATING RULES [Reg. Docket No. 8753; Arndt. 586] PART 97— STANDARD INSTRUMENT APPROACH PROCEDURES Miscellaneous Amendments The amendments to the standard instrument approach procedures contained herein are adopted to become effective when indicated in order to promote safety. The amended procedures supersede the existing procedures of the same classification now in effect for the airports specified therein. For the convenience of the users, the complete procedure is republished in this amendment indicating the changes to the existing procedures. As a situation exists which demands immediate action in the interests of safety in air commerce, I find that compliance with the notice and procedure provisions of the Administrative Procedure Act is impractical and that good cause exists for making this amendment effective within less than 30 days from publication. In view of the foregoing and pursuant to the authority delegated to me by the Administrator (24 F.R. 5662), Part 97 (14 CFR Part 97) is amended as follows: 1. By amending § 97.11 of Subpart B to amend low or medium frequency range (L/MF), automatic direction finding (ADF) and very high frequency omnirange (VOR) procedures as follows: LFR Standard I nstrument A pproach Procedure Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet M S L . Ceilings are In feet above airport elevation. Distances are In nautical miles unless otherwise indicated, except visibilities which are in statute miles. If an Instrument approach procedure of the above type Is conducted at the below named airport, It shall be In accordance with the following instrument approach procedure, unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator of the Federal Aviation Agency. Initial approaches shall be made over specified routes. Minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.

Transition Ceiling and visibility minimum»

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

BUC VO R T A C ...... Elkins L F R ...... 6000 T -d % 1000-2 1000-2 1000-2 T -n i...... NA NA NA C -d ...... 2000-2 2000-2 2000-2 C -n...... NA NA NA A -d ...... 2000-3 2000-3 2000-3 A -n ...... NA NA NA

Procedure turn W side of crs, 354° Outbnd, 174° Inbnd, 4700' within 10 miles. Minimum altitude over facility on final approach era, 4300'. Crs and distance, facility to airport, 177°—2.7 miles. if visual contact not established upon descent to authorized landing minimum» or if landing not accomplished within 2.7 miles after passing E N L F R , climb to 6000' on S crs within 10 miles, make right turn to E N L F R , hold on N era 174° bearing Inbnd, 1-minute right turns. A1® Carrier N o i l: Night operations not authorized. Sliding scale not authorized. No reduction in minimum» authorized due to local conditions. No reduction in take- on mammnms authorized. % Takeoffs all runways: Climb direct to E N L F R , then via 042° bearing to intercept the B U C V O R R 074°, then continue climb on R 074°. MSA within 26 miles of facility: N crs to E era, 5800'; E era to S era, 6100'; S crs to W era, 6900'; W era to N crs, 4500'. City, Elkins; State, W. Va.; Airport name, Elkins-Randolph County; Elev., 1987'; Fac. Class., SB M R A Z; Ident., E N ; Procedure No. L F R -1, Arndt. 6; Efl. date, 4 Apr. 68; Sup. Arndt. No. 5; Dated, 22 July 67 A D F Standard I nstrum ent A pproach Procedure Bearings, headings, courses and radials are magnetic. Elevations and altitudes are In feet M S L . Ceilings are In feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles. . 11 an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, ShorPl811 aPproac^ 13 conducted in accordance with a different procedure for such airport authorized by the Administrator of the Federal Aviation Agency. Initial approaches »nan oe made over specified routes. Minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.

Transition Celling and visibility minimum»

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

EPH V O R .. O M K N D B . 6800 T-rln% C -d »...... 2200-2 2200-2 2200-2 C -n*...... 2200-3 2200-3 2200-3 A-dn#...... 4000-5 4000-5 4000-5

w slde of crs. 165° Outbnd, 335° Inbnd, 6000' within 10 miles, minimum altitude over facility on final approach crs, 3601'; ¿ acuity on airport. to 60(vv^Î^i.20Îlîf?t/A<Æestablislied uP°n descent to authorized landing minimums or if landing not accomplished within 0 mile of O M K N D B , make climbing left turn, climb ® s>.155° Outbnd. 335° inbnd, within 10 miles of OM K N D B . ’ *If» I OMTT f " S T H* ““ !* over V16 • airport,^ o r t to oouu3500'. Climb 155° bearing OM K! N] D B to en route altitude: #A iH11?461 settinS not available, use Ephrata altimeter setting. Authorized circling minimums increased 400' when Ephrata altimeter setting used. Mha Hot authorized except for those with approved weather reporting service. 0 4 wnnin 25 miles of facility: 000°-090°—8300'; 090°-180°—7800'; 180°-270°—8900'; 270°-360°—9300'. City, Omak; State, Wash.; Airport name, Omak; Elev., 1301'; Fac. Class., H ; Ident., O M K; Procedure No. N D B (A D F )-1, Arndt. 2; E fl. date, 4 Apr. 68; Sup. Arndt. No. 1; Dated, 29 July 67

No. 52——2 FEDERAL REGISTER, VOL. 33, NO. 52— FRIDAY, MARCH 15, 1968 4564 RULES AND REGULATIONS

V O R S tan dard I n s t r u m e n t A p p r o ac h P rocedure Bearings, headings, courses and radials are magnetic. Elevations and altitudes are In feet M 8 L . Ceilings are In feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles. If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator of the Federal Aviation Agency. Initial approaches shall be made over specified routes. Minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.

Transition Ceiling and Visibility minimums

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

T -d n ...... 300-1 300-1 200-}* C -d n ______800-1 800-1 800-1}* S -d n ______NA NA NA A -d n ______NA NA NA #The following i ninimnms a iply if Red Bank, NJ., operation altim eter issued 1 )y W R I AP C: C -d n ...... 600-1 600-1 600-1}*

C O L V O R T A C holding pattern, 190° Inbnd, 010° Outbnd, right turns, 1900'. Minimum altitude over facility on final approach crs, 1900'. Crs and distance, facility to airport, 178°—7.7 miles. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 7.7 miles after passing C O L V O R , make a right- dimbing turn, proceed direct to C O L V O R climbing to 1900', hold N , R 010°, 1-minute right turns. #Red Bank operations altimeter normally available 0600-2400 daily. MSA within 25 miles of Facility: 000°-090°—2000'; 090°-360°—1600'. City, Belmar; State, N.J.; Airport name, Monmouth County; Elev., 155'; Fac. Class., L -V O R T A C ; Ident., COL; Procedure No. V O R -1, Arndt. 5; Eff. date, 4 Apr. 68; Sup. Arndt. N o. 4; Dated, 3 Sept. 66

BUC VORTAC. Direct______4000 T -d n ______300-1 300-1 200M flE B V O R (final) 2600 C -d n ...... 700-1 700-1 700-1}* A -d n *...... NANA NA

Procedure turn W side of crs, 220° Outbnd, 040° Inbnd, 3300' within 10 miles. Nonstandard due to terrain. Minimum altitude over facility on final approach crs, 2600'. * Crs and distance, facility to airport, 040°—2.9 miles. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 2.9 miles after passing.CKB V O R , climb to 3300 on R 040° C K B V O R within 10 miles ana return to C K B V O R . Hold SW on R 220° at SSOO7,1-minute left turns, 040° Inbnd. A m Carrier N ote: Sliding scale not authorized. Caution: 2049' antenna, 3.5 miles N W of C K B V O R . •Alternate weather minimums of 1000'—2 miles authorized for those who have approved arrangement for weather service at the airport. MSA within 25 unies of facility: 000°-090°—4000'; 090°-180°—5200'; 180°-270°— 4000'; 270°-360°—3100'. City, Clarksburg; State, W. Va.; Airport name, Benedum; Elev., 1209'; Fac. Class., B V O R ; Ident., C K B ; Procedure No. V O R -1, Arndt. 3; Eff. date, 4 Apr. 68; Sup. Arndt. No. 2; Dated, 12 Dec. 64

T -d % ...... 1000-2 1000-2 1000-2 NA NA NA C -d ...... 2000-2 2000-2 2000-2 NA NA NA A -d ______2500-3 2500-3 2500-3 NA NA NA

Procedure turn S side of crs, 282° Outbnd, 102° Inbnd, 4500' within 10 miles. Minimum altitude over facility on final approach crs, 4000'. Crs and distance, facility to airport, 102°—11.4 miles. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 0 mile, make immediate left-climbing turn to ouuu to B U C V O R , hold W, 1-minute right turns, 089° Inbnd. Caution: Obstructions reaching 3490', 3 miles W of airport. . A m Carrier N ote: Night operations not authorized. Sliding scale not authorized. No reduction in landing visibility for local conditions. N o reduction in takeoff minimums authorized. %Takeofls all runways: Climb direct to E N L F R , then via 042° bearing to intercept the B U C V O R R 074*, then climb on R 074°j MSA within 25 miles of facility: 000°-090°—5100'; 090°-180°—61007; 180°-270°—5600'; 270°-360°—3300'. City, Elkins; State, W . Va.; Airport name, Elkins-Randolph County; Elev., 1987'; Fac. Class., L -B V O R T A C ; Ident., B U C ; Procedure No. V O R -1, Arndt. 3; Eff. date, 4 Apr; 68; Sup. Arndt. No. 2; Dated, 22 July 67

T -d . 300-1 300-1 NA C-d. 800-1 800-1 NA S__ NA NA NA A ___ NA NA NA

operations altimeter issued b y W R IA P C ; C -d .______600-1 600-1 . NA

C O L V O R T A C holding pattern, 190° Inbnd, 010° Outbnd, right turns, 1900'. Minimum altitude over facility on final approach crs, 1900'. Crs and distance, facility to airport 162°—6.3 miles. If visual contact not established upon descent to authorized landing minimums or If landing not accomplished within 6.3 miles after passing C OL VO R, make rigfit-cumum# tum.proceed direct to C O L V O R , climbing to 1900'. Hold N , R 010°, 1-minute right turns. #Red Bank operations altimeter normally available 0600-2400 daily. M SA within 25 miles of facility: 000°-090°—2000'; 090°-360°— 1600'. City, Neptune; State, N J .; Airport name, Asbury Park-Neptune; Elev., 110'; Fac. Class., L -V O R T A C ; Ident., C O L; Procedure No. V O R -1, Arndt. 2; Eff. date, 4 Apt. 68; Sup. Arndt. No. 1; Dated 20 Aug. 66

FEDERAL REGISTER, VOL. 33, NO. 52^—FRIDAY, MARCH 15, 1968 RULES AND REGULATIONS 4565

V O R Stan dard in s t r u m e n t A ppro ac h P rocedure— Continued

Transition Ceiling and visibility minimums

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

T -d n ...... 300-1 300-1 C -dn...... 700-1 700-1 S-dn-9______700-1 700-1 A-dn...... NA NA NA #The following n ninimums a; iply if Red Bank, N.J., operation altim eter issued ay W R I AP 3: C -dn______600-1 500-1 S-dn-9...... 500-1 600-1

COL V O R TA C holding pattern, 086° Inbnd, 266° Outbnd, right turns, 1400'. Minimum altitude over facility on final approach crs, 1400'. Crs and distance, facility to airport, 086°—3.6 miles. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 3.6 miles after passing C OL V O R , make a right-climb­ ing turn proceed direct to C O L V O R , climbing to 1900'. Hold W, COL V O R R 266°, 1-minute right turns. #Red Bank operations altimeter normally available 0600-2400 daily. MSA within 26 miles of facility: 000°-090°—2000'; 090°-360°—1600'. City, Red Bank; State, N J .; Airport name, Red Bank; Elev., 80'; Fac. Class., L -B V O R T A C ; Ident., COL; Procedure No. V O R Runway 9, Arndt. 6; Eff. date, 4 Apr. 68; Sup. Arndt. No. 5; Dated, 1 July 67 2. By amending §97.11 of Subpart B to delete low or medium frequency range (L/M P), automatic direction finding (ADF) and very high frequency omnirange (VOR) procedures as follows: Gulkana, Alaska—Gulkana, LFR 1, Amdt. 7, 16 Jan. 1965 (established under Subpart C ). Middletown, Ohio—Hook Field Municipal, ADF 1, Amdt. 3, 5 Sept. 1964 (established under Subpart C ). Pensacola, Fla.—Pensacola Municipal (Hagler), ADF 2, Amdt. 5, 18 June 1966 (established under Subpart C). Pensacola, Fla.—Pensacola Municipal (Hagler), NDB (ADF) Runway 16, Amdt. 12, 15 July 1967 (established under Subpart C). Alexandria, La.—Esler F’ield, VOR 1, Amdt. 5, 9 Apr. 1966 (established under Subpart C). Alexandria, La.—Esler F’ield, VOR 2, Amdt. 6, 5 Nov. 1966 (established under Subpart C ). Centralia, 111.—Municipal, VOR 1, Amdt. 5, 24 Aug. 1963 (estab lished under Subpart C ). Chanute, Kans.—Chanute Martin Johnson, VOR 1, Amdt. 1, 30 June 1962 (established under Subpart C). Rolla, Mo.—Roll a National, VOR 1, Amdt. 1, 5 Jan. 1963 (established under Subpart C ). 3. By amending § 97.21 of Subpart C to establish low or medium frequency range (L/MF) procedures as follows:

Standard Instrument A pproach Procedure—T ype LFR

Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL, except H A T , H A A , and R A . Ceilings are in feet above airport elevation, instances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles or hundreds of feet R V R . If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator. Initial approach minimum altitudes shall correspond wun tnose established for en route operation in the particular area or as set forth below.

Terminal routes Missed approach

Minimum From To Via altitudes M AP: 2 miles after passing G K N L F R . (feet)

Gulkana V O R . 3200 Climb to 3200' right turn on N W crs within 15 miles. Supplementary charting information: Antenna on airport in building area 320' W of Runway 14,1696'.

£ ™ ^ u retu rn W side of crs, 329° Outbnd, 149° Inbud, 3200' within 10 miles of G E N L F R . LF R . Final approach crs, 143°. Distance F A F to M AP, 2 miles. Minimum altitude over G K N L F R , 2600'. MSA: N , 4000'; E , 13,000'; S, 6800'; W, 4200'. Day and Night Minimums

A B C D Cond.

MDAVIS HAAMDAVIS HAA MDAVIS HAA MDA VIS HAA

C ...... 2020 1 442 2020 1 442 2020 U4 442 2120 2 642 A ...... Standard. T 2-eng. or less—Standard. T over 2-eng.—Standard. 1 1 1 1 1 City, Gulkana; State, Alaska; Airport name, Gulkana; Elev., 1678'; Facility, G K N ; Procedure N o .L F R Runway 14, Am dt. 8; Eff. date, 4 Apr.68; Sup. A m d t.N o .L F R 1 Am dt. 7; Dated, 16 Jan. 66

FEDERAL REGISTER, VOL. 33, NO. 52— FRIDAY, MARCH 15, 1968 4566 RULES AND REGULATIONS

4. By amending § 97.23 of Subpart C to establish very high frequency omnirange (VOR) and very high frequency-distance measuring equipment (VOR/DME) procedures as follows:

Standaed Instrument A pproach Procedure—T ype VOR

Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet M SL, except H A T , H A A , and R A . Ceilings are in feet above airport elevation Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles or hundreds of feet R V R . If an instrument approach procedure,of the above type is conducted at the below named-airport, it shall be in accordance with the following instrument approach procedure, unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator. Initial approach minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.

Terminal routes Missed approach

Minimum From To Via altitudes M AP : 3 miles after passing ESF VOR. ~ (feet)

A E X V O R - ESF V O R ...... - Direct___ Î’ï i ______1700 Climb to 1700' left turn direct to ESF VO R. A E X N D B ESF V O R ...... - ...... 1700 Supplementary charting information: TDZ ESF V O R ...... Direct...... 1700 elevation, 108'. ESF V O R ______1700 V-114, V-114N...... ESF V O R ...... ESF R 148°...... 1700 ESF V O R (N O P T )...... Direct______1000

Procedure turn E side of crs, 331° Outbnd, 151° Inbnd, 1700' within 10 miles of ESF V O R . E A F , ESF V O R . Final approach crs, 151®. Distance F A F to M AP, 3 miles. Minimum altitude over ESF V O R , 1000'. MSA: 150°-240°—2700'; 240°-150°—1600'. N ote: Radar vectoring. D a y and N ight Minimums

A BC D Cond.

MDA VIS HATMDAVIS HATMDA VIS HAT MDA VIS HAT

S-14...... 500 1 392 ' 500 1 392 500 1 392 500 1 392

MDAVIS HAA MDAVIS HAA MDA VISHAA MDAVIS HAA

C„ ...... 540 I 432 560 1 452 560 452 660 2 552

A ...... Standard T 2-eng. >r less—St£mdard. T over 2- mg.—Stan lard. ' City, Alexandria: State, La.; Airport name, Esler Field; Elev., 108'; Facility, ESF; Procedure No. V O R Runway 14, Arndt. 6; Eft. date, 4 Apr. 68; Sup. Arndt. No. VOR 1, Arndt. 5; Dated, 9 Apr. 66

Terminal routes Missed approach

Minimum From To Via altitudes M AP : 3.8 miles after passing Cox Int. (feet)

v o n ESF V O R ...... Direct...... 1700 Climb to 1700' direct ESF V O R , hold NW atct ESF V O R ...... Direct...... 1700 on ESF R 331° left turns. ESF V O R ...... Direct______—. 1700 Supplementary charting information: TV A ESF V O R ...... Direct...... 1700 elevation, 92'. V-114 A E X 119/ESF 148...... 1700 Salt Int...... Direct..!.'.______1700 Fftft Tnt Cox Int (N O P T )...... Direct______1300

Procedure turn E side of crs, 148° Outbnd, 328° Inbnd, 1600' within 10 miles of Cox Int. F A F , Cox Int. Final approach crs, 328°. Distance F A F to M AP, 3.8 miles. M inimum altitude over Cox Int, 1300'. M SA: 150°-240°—2700'; 240°-150°—1600'. N ote: Radar vectoring.

D ay A nd N ight Minimums

A B c D Cond.

MDA VIS HATMDA VIS HATMDA VIS HATMDA VIS HAT

388 S-34...... 480 1 388 480 1 388 480 1 388 480 1

MDAVIS HAA MDA VIS HAA MDAVIS HAA MDA VIS HAA 552 C ...... — 540 1 432 560 1 452 560 1M 452 660 2

A ...... Standard T 2-eng. >r less—Standard. T over 2-eng.—Stimdard.' ' City Alexandria; State, La.; Airport name, Esler Field; Elev., 108'; Facility, ESF; Procedure No. V O R Runway 32, Arndt. 7; Eft. date, 4 Apr. 68; Sup. A m d t No. VOR 2, Arndt. 6; Dated, 5 Nov. 66

FEDERAL REGISTER, VOL. 33, NO. 52— FRIDAY, MARCH 15, 1968 RULES AND REGULATIONS 4567

Terminal routes Missed approach

Minimum M AP : 6.1 miles after passing E N L V O R From To Via altitudes TAC. (feet)

Climb to 2100', right turn to E N L V O R TAC.

Procedure turn E side of crs, 207° Outbnd, 027° Inbnd, 2100' within 10 miles of E N L V O R T A C . FAF, E N L V O R T A C . Final approach crs, 027°. Distance F A F to M AP, 6.1 miles. Minimum altitude over E N L V O R T A C , 2100'. MSA: 000°-090°—2100'; 090°-270°—2400'; 270°-360°—1900'. N ote: Use Vandalia altimeter setting. D ay and N ight Minimums

C D

Cond. M D A VIS HAT M D A VIS HAT VIS VIS

S-36...... 1040 506 1040 1 606 NA NA

MDA VIS HAA MDA VIS HAA

C ...... 1040 606 1040 1 606 NA NA

A ...... Not authorized. T 2-eng. or less—Standard. T over 2-eng.—Not authorized. I I I City, Centralia; State, 111.; Airport name, Municipal; Elev., 634'; Facility, E N L ; Procedure No. VO R Runway 36, Arndt. 6; Efl. date, 4 Apr. 68; Sup. Arndt. No. V O R 1, Amdt. 6; Dated, 24 Aug. 63

Terminal routes Missed approach

Minimum From To Via altitudes M AP : 5.7 miles after passing C N U V O R . (feet)

Climbing right turn to 2600' direct to C N U V O R .

Procedure turn S side of crs, 236° Outbnd, 056° Inbnd, 2600' within 10 miles of C N U V O R . FAF, C N U V O R . Final approach crs, 056°. Distance F A F to M AP, 6.7 miles. Minimum altitude oveä- C N U V O R , 2500'. MSA: 000°-090°—2600'; 090°-180°—2500'; 180°-270°—2600'; 270°-360°—2500'. *Night visibility minimum 1J^. D ay and N ight Minimums

A BC D Cond.

MDAVIS HAAVIS VISVIS

C ...... 1480 *1 479 NA NA NA

A...... Standard T 2-eng. >r less—Standard. T over 2- 3ng.—Stan lard.

City, Chanute; State, Kans.; Airport name, Chanute Martin Johnson; Elev., 1001'; Facility, C N U ; Procedure No. V O R -1, Amdt. 3; Eff. date, 4 Apr. 68; Sup. Amdt. No. VO R 1, Amdt. 1; Dated, 30 June 62

Terminal routes Missed approach

Minimum MAP: GKN VOR. From To Via altitudes (feet)

Gulkana L F R 3200 Climb to 3200' right turn to R 315° G K N V O R within 15 miles. Supplementary charting information: Antenna on airport in building area 320' west of Runway 14, 1696';

Procedure turn W side of crs, 315° Outbnd, 135° Inbnd, 3200' within 10 miles of G K N V O R ; Final approach crs, 135°. Minimum altitude abeam G K N L F R , 2200'. MSA: 020 -110°—13,000'; 110°-290°—5800'; 290°-020°—I3700'.

FEDERAL REGISTER, VOL. 33, NO. 52— FRIDAY, MARCH 15, 1968 4568 RULES AND REGULATIONS

Day and Night Minimums

A B C D Cond.

MDA VISHAT MDA VISHATMDA VISHAT MDA VISHAT

S-14_____ 2200 1 622 2200 1 622 2200 1 622 2200 1JÍ 622

MDAVISHAA MDAVIS HAA MDAVIS HAAMDAVIS HAA

C ...... 2200 1 622 2200 1 622 2200 1H 622 2200 2 622

V O R /L F R Minimums:

MDA VIS HATMDAVIS HATMDAVIS HATMDAVIS HAT

S-14...... 1980 1 402 1980 1 y 402 1980 1 402 1980 1 402

MDAVIS HAA MDAVIS HAAMDA VISHAA MDAVIS HAA

C ...... 2000 1 422 2020 1 442 2020 442 2120 2 542

A ...... Standar a. T 2-eng. or less—SI andard. T over 2-eng.—St indard. . City, Gulkana; State, Alaska; Airport name, Gulkana; Elev., 1578'; Facility, G K N ; Procedure No. VO R Runway 14, Am dt. Orig.;EfI. date,4 Apr. 68

Terminal routes Missed approach

Minimum From To Via altitudes MAP: GKN VOR. (feet)

3200 Climb to 3200' left turn on R 315° within 15 miles. Supplementary charting information: Antenna on airport in building area 320' west of Runway 14 1696';

Procedure turn W side of crs, 153° Outbnd, 333° Inbnd, 3200' within 10 miles of G K N V O R . Final approach crs, 333°. Minimum altitude over G K N V O R , I960'. M SA: 020°-110°— 13,000'; 110Q-290°—5800'; 290°-020°—3700'.

Day and N ight Minimums

A B CD Cond.

MDA VIS HATMDA VISHAT MDA VIS HAT MDA VIS HAT

S-32...... 1960 1 382 1960 1 382 1960 _ 1 382 1960 1 382

MDAVIS HAA MDAVISHAA MDAVIS HAA MDA VIS HAA

C ...... 2000 1 422 2020 1 442 2020 1Î* 442 2120 2 542

A ...... Standard T 2-eng. jr less— Sts ndard. T over 2- eng.— Stan lard. * City, Gulkana; State, Alaska; Airport name, Gulkana; Elev., 1578'; Facility, G K N ; Procedure No. V O R Runway 32, Am dt. Orig.; Eft, date,4 Apr. 68

Terminal routes Missed approach

Minimum M A P : 2.9 miles after passing VIH From To Via altitudes VORTAC. (feet)

Climb to 2700', right turn to VIH VORTAC;

Procedure tum N side of crs; 061“ Outbnd, 241° Inbnd, 2700' within 10 miles of V IH V O RT A C ; F A F , V IH V O R T A C . Final approach crs, 241°. Distance F A F to M AP, 2.9 miles. Minimum altitude over V IH V O R T A C , 2000'. M SA: 090°-270°—2600'; 270°-090°—2400'. N oth: Inoperative table does not apply to H IR L Runway 22.

D at and N ight Minimums

A B CD Cond;

MDA VISHAT MDA VIS HAT MDA VISHATVIS

S-22...... 1440 1 292 1440 1 292 1440 1 292 N A

MDAVIS HAA MDA VIS HAA MDA VISHAA

C ------1500 1 352 1600 1 452 1600 452 NA

A ------Standard. T 2-eng. >r less— Stf mdard. T over 2nsng.— Standard;

City, Rolla; State, Mo^ Airport name, RoQa National; Elev., 1148'; Facility, V IH ; Procedure No. V O R Runway 22, Amdt. 2; Eft. date, 4 Apr. 68; Sup; Amdt. No. VOR 1» Amdt. 1; Dated, 5 Jan. 63

FEDERAL REGISTER, VOL. 33, NO. 52— FRIDAY, MARCH 15, 1968 RULES AND REGULATIONS 4569

Terminal routes Missed approach

Minimum From To Via altitudes M AP: 23.8-mile DM E C R P , R 054°. (feet)

CRP VORTAC...... flgfl Wendell D M E Fix INOPTI R054°, C R P ...... 1600 Climb to 1600' left turn to R 045° C R P R 030°, CRP V O R T A C clockwise______R 054°, C R P V O R T A C (NO PT) 10-mile wc C R P , R 043° lead 1600 VORTAC toCopano Int. radial. Supplementwy charting information; M lR L on Runways 14-32 only.

Procedure turn not authorized. FAF, Wendell 18-mile DM E Fix. Final approach crs, 054°. Distance F A F to M AP, 5.8 miles. Minimum altitude over Wendell, 18-mile DM E Fix, R 054°, 1600'. MSA: 000°-090°—1400'; 090°-180°—1400'; 180°-270°—2100'; 270°-360°—1500'. K otes: (1) Radar vectoring. (2) Use Corpus Christi altimeter setting when Aransas County altimeter setting not available. •Circling and straight-in M D A increased to 500' when Aransas County altimeter setting is not used.

D a y and N ight Minimums

A B C D Cond.

MDAVIS HAA MDAVIS HAAMDAVIS HAA VIS

C______380 1 355 480 1 455 480. VA 455 NA A .-. „ -___ Not authorized. T 2-eng. or less— Standard MI R L Runw ays 14-32 T over ! reng.—Staindwd MI] tL Runw lys 14-32 only. only. 1 City, Rockport; State, Tex.; Airport name, Aransas County; Elev., 25'; Facility, C R P ; Procedure No. V O R /D M E -1, Arndt. Orig.; Eft. date, 4 Apr. 68 5. By amending § 97.25 of Subpart C to establish localizer (LOC) and localizer-type directional aid (LDA) procedures as follows: Standard Instrument A pproach Procedure—T ype LOC

Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MLS, except H A T , H A A , and R A . Ceilings we In feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which we in statute miles or hundreds of feet R V R . . u 811 instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, ™ ® , an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator. Initial approach minimum altitudes shall correspond witn those established for en route operation in the particulw wea or as set forth below.

Terminal routes Missed approach

Minimum From To Via altitudes M AP : 4 miles after passing MW LOM. (feet)

Liberty Int— MW LOM.. . .. 3000 Make right-climbing turn to 2500', return h k f n d b . MW LOM ...... 2500 to MW LOM and hold. Mount Hollv Int MW LOM ______2500 Lytle Int. Supplementary charting information: Hold MW LOM____ 2500 N E , 1-minute left turns, 230° Inbnd; T D Z elevation, 647':

turn S side of crs, 050° Outbnd. 230° Inbnd, 2500' within 10 miles of MW LOM. p a f , MW LOM. Final approach crs, 230°. Distance F A F to M AP, 4 miles. Minimum altitude over MW LOM, 2000'. O®?, "150°—2500'; 150°-240°—2800'; 240°-330°—2500'; 330°-060°—3100'; vectoring. (2) Use Dayton altimeter setting. caution: 895 smoke stack SW of airport. 1485' tower 3 miles E of airport;

D a y and N ight Minimums

A B C D Cond.

MDAVISHAT MDA VIS HAT MDAVISHAT VIS

8-23______1140 1 493 1140 1 493 1140 1 493 NA

MDA VIS HAA MDAVIS HAA MDAVIS HAA C______1300 1 653 1360 1 713 1360 VA 713 NA A...______Not authorized: T 2-eng. 1>r less— Standwd. T over 2-eng.— Stani lard; 1 1 1 Q ty, Middletown; State, Ohio; Airport name, Hook Field Municipal; Elev., 647'; Facility, I-M W O ; Procedure N o. LO C Runway 23, Arndt. Orig.; Efl; date, 4 Apc: I

FEDERAL REGISTER, VOL. 33, NO. 52— FRIDAY, MARCH 15, 1968 4570 RULES ANO REGULATIONS

Terminal routes Missed approach

Minimun altitudes M AP: 1.8 miles after passing PNS NDB. From To Via (feet)

PN S N D B ...... - ...... Direct...... - ...... 1700 Climb to 1700' on N Crs PNS LOC or, when directed by A T C , turn right, climb to 2000' on R 054° of N U N VOR. Supplementary charting information: TDZ elevation, 95'. ■

Procedure turn E side of crs, 163° Outbnd, 343° Inbn d,1700' within 10 miles of PNS N D B . F A F , PNS N D B . Final approach crs, 343°. Distance F A F to M AP, 1.8 miles. Minimum altitude over PNS N D B . 700'. M SA within 25 miles of PNS N D B : 000°-180°—1600'; 180°-360°—2400'.

Caution:^?) Warïïnjfàrea 10 miles S of PNS N D B . (2) Extensive V F R student training activity all quadrants.

D ay and Night Minimums

D A C Cond. VIS HAT MDA ' VIS HAT MDA VIS HAT MDA VIS HAT MDA ------5 1 345 440 1 345 S-34...... -1 440 1 345 440 345 440 VIS HAA MDA VIS HAA MDA VIS HAA MDA VIS HAA MDA 462 680 2 562 C ...... J 480 1 362 680 462 580 1H T over 2-eng.—Standard. A ------_J Standard T 2-eng. i ' City, Pensacola; State, Fla.; Airport name, Pensacola Municipal (Hagler); Elev., 118'; Facility, I-P N S ; Procedure No. LOC (BC) Runway 34, Arndt. Orig.; Eft. date, 4 Apr. 68 6. By pmgnriing § 97.27 of Subpart C to establish nondirectional beacon (automatic direction finder) (NDB/ADF) procedures as follows: . Standard Instrument A pproach Procedure-T ype N D B (AD F) Bearings, headings, courses and radlals are magnetic. Elevations and altitude are in feet MSL, except H A T , H A A , and R A . Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute umes or hundreds of feet RV K ...... ^ ■■■------. wo Hi luuuva ____ M ii___i____ t___Köln« nomoH alrnnrt It shall hn In accordance wil 9 a n 7 p p 3 tecomlucted in accordance with a different procedure for such airport authorized by the Administrator. Initial approach minimum altitudes snau dure,dure unless an approacn is wuuuuwu m •: t correspond* _ _ j __with«ai_ Kthose r l_____ established^inii.uA^ «o.for onen route onorotiAuoperation in fViQthe nortiMifurparticular ttroaarea or as satset fnrthforth hftlow.below.

Missed approach Terminal routes

Minimum M AP : 4.4 miles after passing NDB. From To Via altitudes (feet)

Direct______1500 Make climbing right turn to 1500', re^™ P Q V N D B ...... direct to N D B , hold N 192° Inbnd, right P Q V N D B ...... _...... Direct______1900 D irect..,...... 1500 PQV NDB (NOPT)...... Supplementary charting information. An­ % tenna 948', 3.5 miles 8 of airport.

Procedure turn W side of crs, 012° Outbnd, 192° Inbnd, 1500' within 10 miles of P G V N D B . F A F , P Q V N D B . Final approach era, 192°. Distance F A F to M AP, 4.4 miles. M inim um altitude over PQV N D B , 1500'. M SA: 090°-270°—2600'; 270°-090°—15007: - , N otes: (1) Use R M T altimeter setting. (2) Night operations authorized Runways 7-25 only:

D ay and Night Minimums

UDERAL REGISTER, VOL, 33, NO. 52— FRIDAY, MARCH 15, 1968 RULES AND REGULATIONS 4571

Terminal routes Missed approach

Minimum From ' To Via altitudes M AP : 2.6 miles after passing H K F N D B . (feet)

H K F N D B 3000 Make left-climbing turn to 2700', return to H K F N D B . 2600 H KF NDB and bold. MW T.OM ' . ... K . " -, ... H K F N D B 2600 Supplementary charting information: H K F N D B . 2500 H old S, 1-minute right turns, 052° Inbnd. TDZ elevation, 647,

Procedure turn S side of crs, 232° Outbnd, 052° Inbnd, 2500' within 10 miles of H K F N D B . FAF, H KF N D B . Final approach crs, 052°. Distance F A F to M AP, 2.6 miles. Minimum altitude over H K F N D B , 1600'. MSA:,000°-090°—3100'; 090°-180°—2800'; 180°-270°—2800'; 270°-360°—2400'. Notes: (1) Radar vectoring. (2) Use Dayton altimeter setting. Caution: 895' smoke stack SW of airport. 1485' tower 3 miles E of airport.

D ay and Night Minimums

A B C D Cond.

MDAVISHATMDA VIS HAT MDA VIS HAT VIS

S-6...... 1300 1 653 1300 1 653 1300 1JÍ 653 NÀ- MDAVIS HA A MDA VIS H A A MDA VIS HAA

C„ ______1300 1 653 1360 1 713 1360 713 NA

A ...... Not aut larked. T 2-eng. n less—Standard. T over 2- sng.— Stan dard. . City, Middletown; State, Ohio; Airport name, Hook Field Municipal; Elev., 647'; Facility, H K F ; Procedure No. N D B (A D F) Runway 5, Arndt. 4; Eft. date, 4 Apr. 68; Sup Arndt. No. A D F 1, Arndt. 3; Dated, 5 Sept. 64

Terminal routes Missed approach

Minimum From To Via altitudes M AP : 4 miles after passing MW LOM. (feet)

Liberty Int. _____ 'Si' 3000 Make right-climbing turn to 2500', return HKF NDB MW L O M ...... 2500 to MW LOM, and hold. Mount Holly Int MW L O M ...... 2500 Supplementary charting information: Hold Lytle Int... MW L O M _____ 2500 N E , left turns, 230° Inbnd. T D Z eleva­ _ tion, 647'. Procedure turn S side of crs, 050° Outbnd, 230° Inbnd, 2500' within 10 miles of MW L O M FAF, MW LOM. Final approach crs, 230°. Distance F A F to M AP, 4 miles. Minimum altitude over MW LOM, 2000'. MSA: 060V1500—2500'; 150°-240°—2800'; 240°-330°—2500'; 330°-060°—3100'. Notes: (1) Radar vectoring. (2) Use Dayton altimeter setting. Caution: 895' smoke stack SW of airport. I486' tower 3 miles E of airport.

Day and Night Minimums

No. 52____ 9 FEDERAL REGISTER, VOL. 33, NO. 52— FRIDAY, MARCH 15, 1968 4572 RULES AND REGULATIONS

Terminal routes Missed approach

Minimum From To Via altitudes M AP: 4.3 miles after passing PN LOM. (feet)

NTTTNT v o n P N LO M ______1700 Climb to 1700' on crs 163° from PN LOM p m a v n R ...... P N L O M ...... 170Ò within 10 miles or, when directed by PN LOM (NOPT)______1500 A T C , climb to 1700' on crs 100° from P N LO M ______1700 PN S N D B . P N LO M ______1700

Procedure turn E side oí crs, 343° Outbnd, 163° Inbnd, 1700' within 10 miles of PN LOM. F A F , P N LOM. Final approach crs; 163°. Distance F A F to M AP, 4.3 miles. Minimum altitude over P N LOM, 1500'. M 8A within 25 miles of PN LOM: 000°-180°— 1600'; 180°-360°—2400'. N ote: Radar vectoring: Caution: (1) Warning area 10 miles S of PN S N D B . (2) Extensive V F R student training all quadrants.

Day and Night Minimums

A B C D

MDA VIS HATMDAVISHAT MDAVIS HATMDA VISHAT

S-16...... -, 520 X 400 520 X 400 520 X 400 580 1 460. MDAVIS HAAMDAVIS HAAMDA VIS HAAMDAVIS HAA

C-'.______520 1 402 580 1 462 580 VÁ 462 680 2 562

A.— Standard T 2-eng. )r less— Standard. T over 2h>ng.—Standard. . City, Pensacola; State, Fla.; Airport name, Pensacola Municipal (Hagler); Elev.,118'; Facility, P N ; Procedure No. N D B (AD F) Runway 16, Arndt. 13; Efl. date, 4 Apr. 68; Sup. Arndt. No. 12; Dated, 15 July 67

Terminal routes Missed approach

Minimum From To Via altitudes M AP: 1.8 miles after passing PNS NDB. (feet)

NTTN v o r ______P N S N D B ______1700 Climb to 1700' on 343° bearing from PNS P N S N D B ______Direct...... 1700 N D B or, when directed by AT C , turn right, climb to 1700' on bearing 030“ from PN S N D B . Supplementary charting information: TD a elevation, 95'.

Procedure tum E side of crs, 163° Outbnd, 343° Inbnd, 1700' within 10 miles of PNS N D B . F A F , PN S N D B . Final approach crs, 343°. Distance FA F to M AP, 1.8 miles. Minimum altitude over PN S N D B , 700'j MSA within 25 miles of PN S N D B : 000°-180°—1600'; 180°-360°—2400'. N ote: Radar vectoring. Caution: (1) Warning area 10 miles S of PN S N D B . (2) Extensive V F R student training all quadrants.

Day and Night Minimums

A B C D

' M D A VIS HATMDA . VIS H A T MDA VISHATMDA VIS HAT

R-flA 500 1 405 ' 500 1 405 500 1 405 540 1 445

MDA V IS - HAA MDAVIS HAAMDA VISHAAMDA VIS HAA

O ___ ... ------500 1 382 580 1 462 580 IX 462 680 2 662

A ------Standard T 2-eng. ar less— St£mdard. T over 2 ang.—Standard.

City, Pensacola; State, FlaJ Airport name, Pensacola Municipal (Hagler); Elev., 118'; Facility, PN S; Procedure No. N B D (AD F) Runway 34, Arndt. 6; Eft. date,4Apr.68, Sup. Arndt. No. A D F 2, Arndt. 5; Dated, 18 June 66

fEDERAL REGISTER, VOL. 33, NO. 52— FRIDAY, MARCH 15, 1968 RULES AND REGULATIONS 4573

Terminal routes Missed approach

Minimum From To Via altitudes MAP: RKP NDB. (feet)

R K P N D B ...... 1500 Climb to 1500' right turn return to R K P R K P N D B ...... 1500 NDB. R K P N D B ...... 1500 Supplementary charting Information: Austwell Int______— . . . ______R K P N D B ...... 1500 M IR L on Runways 14-32 only.

Procedure turn S side of crs, 305° Outbnd, 125° Inbnd, 1500' within 10 miles of R K P N D B . Final approach crs, 125°. Minimum altitude over R E P N D B , 440'. MSA: 000°-090°, 1300'; 090°-180°. 1400'; 180°-270°—1400'; 270°-360®—1700'. Notes: (1) Radar vectoring. (2) Use Corpus Christi altimeter setting if Aransas County altimeter setting not available. •Circling and straight-in M D A increased to 540' when Aransas County altimeter setting is not used.

D ay and Night Minimums

A B C D Cond.

MDA VIS HAT MDAVISHAT MDA VISHAT VIS

S-14*...... 440 1 415 440 1 415 440 1 415 NA

MDA VIS HAA MDAVIS HAAMDA VIS HAA

C*______440 1 415 480 1 455 480 IX 455 NA A ...... _ Not auth rrized. T 2-eng. >r less—St£ ndard. T over 2- >ng.— Stan lard.

City, Rockport; State, Tex.; Airport name, Aransas County; Elév., 25'; Facility, R K P ; Procedure No. N D B (AD F) Runway 14, Amdt. Orig.; Eft. date, 4 Apr. 68 7. By amending § 97.29 of Subpart C to establish instrument landing system (ILS) procedures as follows:

Standard Instrument A pproach Procedure—T ype ILS

headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL, except H A T , H A A , and R A . Ceilings are in feet above airport elevation; instances are m nautical miles unless otherwise indicated, except visibilities which are in statute miles or hundreds of feet R V R . rt,,r» ,^ i „ ? r rument aliproach F ° cedure oi the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach proce- aPprpach is «inducted in accordance with a different procedure for such airport authorized by the Administrator. Initial approach m inim um altitudes shall corre­ spond with those established for en route operation in the particular area or as set forth below.

Terminal routes Missed approach

Minimum M AP : ILS D H 318'. LO C 4.3 miles after From To Via altitudes passing PN LOM. (feet)

NUN VOR P N LOM 1700 Climb to 1700' on S crs of PN S LOC with­ PNS N D B . P N LO M ____ Gonzales Int 1700 in 10 miles or, when directed by A T C , PN LOM (NOPT) . 1500 climb to 2000' on R 100° of the N U N Harold Int P N L O M .. Elberta In t... 1700 VOR. P N L O M ...... Direct___ 1700

ï W ™ Î1?? Eside of crs, 343° Outbnd, 163° Inbnd, 1700' within 10 miles of P N LOM ; N EOM. Final approach crs, 163°. Distance F A F to M AP , 4.3 miles. ^ P e interception altitude, 1500'. Glide slope altitude at OM, 1428'; at MM, 322'. ^stance to runway threshold at OM, 4.3 miles; at MM, 0.5 mile. N «™ d in 25 miles 01PN LOM: 000°-180°— 1600'; 180°-360°—2400'. diote: Radar vectoring. caution: (1) Warning area 10 miles S of PN S N D B . (2) Extensive V F R student training all quadrants;

D ay and Night Minimums

A B c D Cond.

DH VIS HAT DH VISHAT DH VIS HAT DH VIS HAT

S-16...... 318 X 200 318 X 200 318 X 200 318 X 200 LOC. MDA VISHAT MDA VISHAT MDA VISHAT MDA VIS HAT S-16...... 480 X 362 480 X 362 480 X 362 480 % 362 MDA VIS HAA MDA VIS HAA MDAVIS HAA MDA VIS HAA c._;__ 480 1 362 580 1 462 580 IX 462 680 2 562 A ...... Standard; T 2-eng. >r less—Standard. T over 2- sng.—Stan lard; 1 m Î ity, Pensacola; State, Fla.; Airport name, Pensacola Municipal (Hagler); Elev., 118'; Facility, I-P N S ; Procedure No. ILS Runway 16, Am dt. Orig.; Eff. date ,4 Apr. 68

FEDERAL REGISTER, VOL 33, NO. 52— FRIDAY, MARCH 15, 1968 4574 RUtES AND REGULATIONS 8. By amending § 97.31 of Subpart C to establish precision approach radar (PAR) and airport surveillance radar (ASR) procedures as follows: Standard Instrument A pproach P rocedure—T ype R adar Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL, eKoept H A T , H A A , and R A . Ceilings are in feet above airport elevation- Distances aré in nautical miles unless otherwise indicated, except visibilities which are in statute miles or hundreds of feet R V R . If a radar instrument approach is conducted at the below named airport, it shall be in accordance with the following instrument procedure, unless an approach is conducted in accordance with a different procedure authorized for such airport by the Administrator. Initial approach minimum altitude(s) shall correspond with those established for en route ODeration in the particular area or as set forth below. Positive identification must be established with the radar controller. From initial contact with radar to final author­ ized landing mínimums, the instructions of the radar controller are mandatory except when (A) visual contact is established on final approach at or before descent to the author­ ized landing minimums or (B) at Pilot’s discretion if it appears desirable to discontinue the approach. Except when the radar controller may direct otherwise prior to final anDroach a missed approach «hall be executed as provided below when (A) communication on final approach is lost for more than 5_seconds during a precision approach, or for more than 30 seconds during a surveillance approach; (B) directed by radar controller; (C) visual contact is not established upon descent to authorized landing mínimums; or (D) if landing is not accomplished.

Radar terminal area maneuvering sectors and altitudes (sectors and distances measured from radar antenna) Notes

Altitude From To Distance Altitude Distance Altitude Distance Altitude Distance Altitude Distance

1. Radar antenna site at Tampa Interna­ tional airport. 2. Final approach 340° to airport reference point. F A F 5 miles from reference point. 3. Radar will provide 1000' vertical separa­ tion with 3-mile radius of radio towers 1135', 15.7 miles SE and 1549', 17.7 miles SE. 1 * 0 4. Alternate minimums not authorized when when control zone not effective.

As established by Tampa ASR Minimun altitude vectoring chart. Missed approach: Climb to 1600' direct to P IE V O R T A C or on 340° heading within 10 miles.

D a y and N ight Minimums

A B C D Cond. VIS MDA VIS HAA MDA VIS HAA VIS

793 C ...... 800 1 793 800 IX T over 2- mg. A ...... - ...... Standard T 2-eng or less—Staiidard. ‘ City, St. Petersburg; State, Fla.; Airport name, Albert Whitted; Elev., 7'; Facility, Tampa Radar; Procedure No. Radar-1, Arndt. Orig.; Efl. date, 4 Apr. 68 These procedures shall become effective on the dates specified therein. (Secs. 307(c), 313(a), and 601, Federal Aviation Act of 1958; 49 U.S.C. 1348(c), 1354(a), 1421; 72 Stat. 749, 752, 775) Issued in Washington, D.C., on February 26, 1968. R g SLIFF) Acting Director, Flight Standards Service. [FB Doc. 68-2712; Filed, Mar. 14, 1966; 8:45 a.m.]

Inquiry was made as to whether or not not be peeled and cored, and which may Title 21— FOOD AND DRUGS the proposal was intended to include have added thereto one or more of the strained applesauce marketed as baby optional ingredients specified in para­ Chapter I— Food and Drug Adminis­ food. The Commissioner intended the graph (b) of this section. The apple in­ proposal to include all applesauce that gredient is heated and, in accordance tration, Department of Health, Edu­ with good manufacturing practices, cation, and Welfare purports to be or is represented as the food defined by the standard regardless bruised apple particles, peel, seed, core SUBCHAPTER B— FOOD AND FOOD PRODUCTS of the size or type of container in which material, carpel tissue, and other coarse, hard, or extraneous materials are re­ PART 27— CANNED FRUITS AND it is marketed. Based on the comments received and moved. The food is sealed in containers. FRUIT JUICES other relevant information, it is con­ It is so processed by heat, either before cluded that it will promote honesty and or after sealing, as to prevent spoilage. Canned Applesauce; Standards of The soluble solids content is not less than Identity and Fill of Container fair dealing in the interest of consumers to establish a definition and standard of 9 percent (exclusive of the solids of any In the matter of establishing a defini­ identity and a standard of fill of con­ added optional nutritive sweeteners) as tion and standard of identity and a tainer for canned applesauce as set forth determined by the method present» standard of fill of container for canned below. Accordingly, pursuant to the in “Official Methods of Analysis applesauce: authority vested in the Secretary of the Association of Official Agricultur The Commissioner of Food and Drug, Health, Education, and Welfare by the Chemists,” 10th Edition, page 309, section on his own initiative, published a notice Federal Food, Drug, and Cosmetic Act 20.016, under “Soluble Solids in Fresn of proposed rule making in the above- (secs. 401, 701, 52 Stat. 1046, 1055, as and Canned Fruits. Jams, Marmalades, identified matter in the F ederal R e g is t e r amended 70 Stat. 919, 72 Stat. 948; 21 and Preserves^—Official, First Actio , of May 17, 1967 (32 F.R. 7342). U.S.C. 341, 371) and delegated by him except that no correction is made In response to the proposal, comments to the Commissioner (21 CFR 2.120): water-insoluble solids. were received from 14 firms engaged in It is ordered. That Part 27 be amended (b) Applesauce may contain the op­ the manufacture of applesauce and from by adding thereto the following new tional ingredients set out in this pa graph; but if any such ingredient is a the National Canners Association. None sections: of these opposed the establishment of food additive or a color additive wi standards for applesauce; however, most § 27.80 Canned applesauce; identity; the meaning of section 201 (s) or W urged some changes in the proposed label statement o f optional ingredi­ the Federal Food, Drug, and Cosmeu standards and some requested the ents. Act, it is used only in conformity wit establishment of additional standards. (a) Canned applesauce is the foodregulation established pursuant to " Some of these suggestions have been prepared from comminuted or chopped tion 409 or 706 of the act. Optional. in­ adpoted. apples (Pyrus mains), which may or may gredients that may be used in applesa

FEDERAL REGISTER, VOL. 33, NO. 52— FRIDAY, MARCH 15, 1968 RULES AND REGULATIONS 4575 in such proportions as are reasonably “flavoring,” the common name of the thereof. All documents shall be filed in required to accomplish their intended flavoring. six copies. effects are: (6) When an optional ingredient as Effective date. This order shall become (1) Water. provided for in paragraph (b) (8) (i) of effective 60 days from the date of its (2) Apple juice. this section is used, it shall be declared publication in the F ederal R e g is t e r , ex­ (3) Salt. on the label by the statement “ Erythor­ cept as to any provisions that may be (4) Any edible organic acid added for bic acid added______” or “Ascor­ stayed by the filing of proper objections. the purpose of acidification in an amount bic acid added______,” the blank Notice of the filing of objections or lack such that the titratable acidity of the being filled in with “to preserve color and thereof will be announced by publica­ finished food is not more than 0.7 per­ flavor” or “as a preservative.” tion in the F ederal R e g is t e r . cent by weight calculated as malic acid. (7) Applesauce containing ascorbic (Secs. 401, 701, 52 Stat. 1046, 1055, as (Organic acids generally recognized as acid (vitamin C) as provided for in am ended: 70 Stat. 919, 72 Stat. 948; 21 U.S.C. having a preservative effect are not paragraph (b) (8) (ii) of this section 341,371) permitted in applesauce except as-pro­ shall bear the label statement pre­ Dated: March 6,1968. vided for in subparagraph (8) of this scribed by subparagraph (6) of this paragraph.) paragraph and in addition thereto the J . K . K ir k , (5) Nutritive sweeteners. statement “Vitamin C added” or “With Associate Commissioner (6) Spices. added vitamin C,” and such statements for Compliance. (7) Flavoring, other than artificial shall be accompanied by labeling con­ [F.R. D oc. 68-3170; Filed, Mar. 14, 1968; flavoring. forming to the requirements prescribed 8:46 a.m .] (8) Either of the following: for foods which purport to be or are (i) Erythorbic acid or ascorbic acid represented for special dietary use by as an antioxidant preservative in an regulations established pursuant to sec­ PART 121— FOOD ADDITIVES amount not to exceed 150 parts per tion 403 (j ) of the Act. million; or Subpart F— Food Additives Resulting (ii) Ascorbic acid (vitamin C) in a If two or more of the statements set From Contact With Containers or quantity such that the total vitamin C in forth in this paragraph are required, Equipment and Food Additives each 4 ounces by weight of the finished the words “with” or “added” need ap­ Otherwise Affecting Food food amounts to not less than 30 milli­ pear only once. grams and not more than 60 milligrams. (e) Statements naming the optional C e l l o p h a n e (9) Color additives in such quantity ingredients present as specified in para­ The Commissioner of Food and Drugs, as to distinctly characterize the food un­ graph (d) of this section shall be dis­ having evaluated the data in a petition less such addition conceals damage or played on the label with such promi­ (FAP 8B2216) filed by Geigy Chemical mferiority or makes the finished food nence and conspicuousness as to render Corp., Ardsley, N.Y. 10502, and other appear better or of greater value than them likely to be read and understood relevant material, has concluded that it is. by the ordinary individual under cus­ the food additive regulations should be (c) The name of the food is “apple­ tomary conditions of purchase. amended to provide for the use of N-acyl sauce.” If the applesauce contains a § 27.81 Canned applesauce; fill of con­ sarcosines, as described below, in the color additive, the name of the food shall tainer; label statement o f substandard manufacture of cellophane intended for be immediately preceded or followed by fill. use in packaging food. Therefore, pur­ the statement “Artificially colored” or suant to the provisions of the Federal “Artificially colored ______the (a) The standard of fill of container Food, Drug, and Cosmetic Act (sec. blank being filled in with the word that for canned applesauce is a fill of not 409(c) (1), 72 Stat. 1786; 21 U.S.C. 348(c) accurately describes the color of the food. less than 90 percent of the total capacity (1)) and under the authority delegated If a nutritive sweetener as provided for of the container, as determined by the to the Commissioner by the Secretary in paragraph (b) (5) of this section is general method for fill of containers of Health, Education, and Welfare (21 added, and the soluble solids content of prescribed in § 10.6(b) of this chapter; CFR 2.120), § 121.2507(c) is amended by the finished food is not less than 16.5 except that in the case of glass contain­ alphabetically inserting in the list or percent as determined by the method ers having a total capacity of 6% fluid substances a new item, as follows: referred to in paragraph (a) of this sec­ ounces or less, the fill is not less than tion, the name may include the word 85 percent. § 121.2507 Cellophane. ‘sweetened.” If no such sweetener is (b) If canned applesauce falls below * * * * * added, the name may include the word the standard of fill of container pre­ (c) List of substances: unsweetened.” scribed in paragraph (a) of this section, the label shall bear the general state­ Limitations (residue (d) Optional ingredients used in the and limits of addi­ finished food, as provided for in para- ment of substandard fill specified in tion expressed as 8rap (b) of this section, shall be declared § 10.7(b) of this chapter, in the manner percent by weight of as follows: and form therein specified. finished packaging (1) Added water, apple juice, and salt Any person who will be adversely af­ * * * cellophane) shall be declared as such. * * * fected by the foregoing order may at any N-acyl sarcosines For use only as re­ (2) Nutritive sweeteners shall be de­ time within 30 days from the date of its where the acyl group clared by the common name or names lease agents in publication in the F ederal R e g iste r file is lauroyl or stearoyl. coatings at levels of the sweetener or sweeteners used. with the Hearing Clerk, Department of not to exceed a (3) The optional ingredient provided Health, Education, and Welfare, Room tota l o f 0.3 per­ Para&raPh (b) (4) of this section 5440, 330 Independence Avenue SW., cent by weight of shall be declared by the statement “With Washington, D.C. 20201, written ob­ the finished pack­ ------acid added” or “With jections thereto. Objections shall show aging cellophane. added ------acid,” the blank wherein the person filing will be ad­ filled in with the common name Any person who will be adversely or the acid used. versely affected by the order and specify affected by the foregoing order may at with particularity the provisions of the any time within 30 days from the date (4) Spices shall be declared by the order deemed objectionable and the of its publication in the F ederal R eg­ “s Piced” ° r “Spice added” or grounds for the objections. If a hearing is t e r file with the Hearing Clerk, Depart­ With added spice,” or in lieu of the is requested, the objections must state word “spice,” the common name of the ment of Health, Education, and Welfare, the issues for the hearing, and such ob­ Room 5440, 330 Independence Avenue spice. jections must be supported by grounds (5) Flavoring shall be declared by the legally sufficient to justify the relief SW., Washington, D.C. 20201, written f o m e n t “Flavoring added” or “With sought. Objections may be accompanied objections thereto, preferably in quin- added flavoring,” or in lieu of the word by a memorandum or brief in support tuplicate. Objections shall show wherein

FEDERAL REGISTER, VOL. 33, NO. 52— FRIDAY, MARCH 15, 1968 4576 RULES AND REGULATIONS the person filing will be adversely af­ Any person who will be adversely af­ fected by the order and specify with fected by the foregoing order may at any Title 33— NAVIGATION AND particularity the provisions of the order time within 30 days from the date of its deemed objectionable and the grounds publication in the F ederal R e g is te r file NAVIGABLE WATERS for the objections. If a hearing is re­ with the Hearing Clerk, Department of Chapter I— Coast Guard, Department Health, Education, and Welfare, Room quested, the objections must state the of Transportation v issues for the hearing. A hearing will 5440, 330 Independence Avenue SW., be granted if the objections are sup­ Washington, D.C. 20201, written objec­ SUBCHAPTER J— BRIDGES ported by grounds legally sufficient to tions thereto, preferably in quintuplicate. [CGFR 68-26] justify the relief sought. Objections may Objections shall show wherein the person be accompanied by a memorandum or filing will be adversely affected by the PART 117— DRAWBRIDGE OPERA­ brief in support thereof. order and specify with particularity the TION REGULATIONS provisions of the order deemed objection­ Effective date. This order shall become able and the grounds for the objections. Bayou Bienvenue, La. effective on the date of its publication in If a hearing is requested, the objections the F ederal R e g is t e r . 1. The Louisiana Department of High­ must state the issues for the hearing. A ways by letter dated January 16, 1968, (Sec. 4 0 9 (c )(1 ), 72 Stat. 1786; 21 UJS.C. hearing will be granted if the objections 3 4 8 (c )(1 )) requested the New Orleans District, are supported by grounds legally suffi­ Corps of Engineers, to amend the oper­ Dated: March 6,1968. cient to justify the relief sought. Objec­ ating requirements for the State Route tions may be accompanied by a memo­ La 47 drawbridge at Bayou Bienvenue so J. EL K i r k , randum or brief in support thereof. Associate Commissioner as to place this bridge in a fixed bridge for Compliance. Effective date. This order shall become category. The records indicate that this effective on the date of its publication in drawbridge was not required to be opened [F.R. Doc. 68-3172; Filed, Mar. 14, 1968; for the passage of vessels from 1962 the F ederal R e g is t e r . 8:46 a.m .] through 1966 and that only rowboats, (Sec. 409(c)(1), 72 Stat. 1786; 21 U.S.C. canoes and small motor boats use this 3 4 8 (c )(1 )) PART 121— FOOD ADDITIVES portion of the waterway. This proposed Dated: March 6,1968. revision is therefore accepted. The pur­ Subpart F— Food Additives Resulting pose of this document is to amend the J . K . K i r k , requirements in 33 CFR 117.245 (i) (24) From Contact With Containers or Associate Commissioner Equipment and Food Additives and to prescribe special regulations for for Compliance. the operation of the Bayou Bienvenue Otherwise Affecting Food [F.R. Doc. 68-3171; Filed, Mar. 14, 1968; drawbridge on State Route La 47. 8:46 a.m .] A ntioxidants and/ o r S t a b il ize r s 2. By virtue of the authority vested in fo r P o l y m e r s me as Commandant, U.S. Coast Guard, The Commissioner of Food and Drugs, by 14 U.S.C. 632 and 49 CFR 1.4(a) (3), having evaluated the data in a petition Title 31— MONEY AND the text of 33 CFR 117.245 (i) (24) shall (FAP 6B1933) filed by United States read as follows and shall be effective on Rubber Co., Chemical Division, Elm FINANCE: TREASURY and after 30 days after date of publica­ Street, Naugatuck, Conn. 06770, and tion of this decument in the F ederal other relevant material, has concluded Chapter I— Monetary Offices, Depart­ R e g is t e r : that the food additive regulations should ment of the Treasury § 117.245 Navigable waters discharging be amended to provide for the safe use PART 128— TRANSACTIONS IN FOR­ into the Atlantic Ocean south of and of an additional substance, as set forth including Chesapeake Bay and into below, as an antioxidant and/or sta­ EIGN EXCHANGE, TRANSFERS OF the Gulf o f Mexico, except the Mis­ bilizer in acrylonitrile-butadiene-styrene CREDIT AND EXPORT OF COIN AND sissippi River and its tributaries and copolymers used in the manufacture of CURRENCY outlets; bridges where constant at­ articles intended for food-contact use. tendance of draw tenders is not re­ Therefore, pursuant to the provisions of Foreign Debit and Credit Balances quired. the Federal Food, Drug, and Cosmetic Section 128.20 is being amended to pro­ ***** Act (sec. 409(c)(1), 72 Stat. 1786; 21 vide that reports on Foreign Exchange (i) Waterways discharging into the U.S.C. 348(c) (1)) and under the author­ Form S-4 are henceforth required to be Gulf of Mexico east of the Mississippi ity delegated to the Commissioner by River. * * * the Secretary of Health, Education, and filed quarterly instead of semiannually. (24) Bayou Bienvenue, La.; Louisiana Welfare (21 CFR 2.120), § 121.2566(b) As amended, § 128.20 reads as follows: Department of Highways bridge over is amended by alphabetically inserting § 128.20 Foreign Exchange Form S-4: Bayou Bienvenue on State Route La 47. in the list of substances a new item, as Foreign debit and credit balances. The draws need not be opened for the follows: On this form brokers and dealers in the passage of vessels, and the special regu­ § 121.2566 Antioxidants and/or stabi­ United States are required to report lations contained in paragraphs (b) to lizers for polymers. quarterly, as of the last day of business (e) inclusive, of this section shall not ♦ ♦ * * * of the quarter, to a Federal Reserve bank, apply to this bridge. (b) * * * the debit and credit balances in their * * * * * Limitations accounts carried by or for “foreigners” . ♦ * * * * * (Sec. 5, 28 Stat. 362, as am ended; 33 U.S.C. (Sec. 5, 40 Stat. 415, as am ended, sec. 8, 59 2,2 ' -M ethylenebis ( 4- F or use on ly in 499; 49 CFR 1.4(a) (3) (v) ; 32 F.R. 5606) methyl-6-nonyl- acrylonitrile- Stat. 515; 50 U.S.C. App. 5, 22 U.S.C. 286f; phenol) and 2,6- butadiene- E.O. 6560, Jan. 15, 1934, E.O. 10033, 14 F.R. Dated: March 11, 1968. bis (2-hydroxy-3- styrene copoly­ 561, 3 CFR 1949-53 C om p.) P. E. T r im b l e , nonyl-5-methyl- m ers used in Vice Admiral, U.S. Coast Guard, [ s e a l ] J o h n R . P e t t y , ben zyl) -p -cresol con ta ct ■with n o n ­ Acting Commandant. mixtures (varying alcoholic foods. Acting Assistant Secretary. [F.R. Doc. 68-3163; Filed, Mar. 14, 1968; proportions). [F.R. Doc. 68-3169; Filed, Mar. 14, 1968; * • * • * * 8:46 a.m .] 8:46 a.m .]

FEDERAL REGISTER, VOL 33, NO. 52— FRIDAY, MARCH 15, 1968 RULES AND REGULATIONS 4577

order adopting these standards; all sys­ mission’s rules is amended as set forth Title 47— TELECOMMUNICATION tems authorized prior to November 1, below. 1967 would have until November 1, 1971, 8. It is further ordered, That this pro­ Chapter I— Federal Communications to conform to all of the proposed new ceeding is terminated. Commission technical standards (viz. bandwidth, tol­ (Secs. 4, 303, 307, 48 Stat., as am ended, 1066, [Docket No. 17023; FOC 68-243] erance and roll-off filter). 1082, 1083; 47 U.S.C. 154, 303, 307) 4. No objections were raised to the PART 21— DOMESTIC PUBLIC RADIO proposed channel splitting. Objections Adopted: March 6,1968. SERVICES (OTHER THAN MARITIME were raised to the time table set up for Released: March8,1968. MOBILE) its implementation and suggestions were addressed to proposed allocations F ederal C ommunications Reduction of Separation Between of the new channels. Since the sugges­ C o m m is s io n ,5 Assignable Frequencies tions made for frequency allocation go [ s e a l ] B en F . W a p l e , Secretary. Report and order. In the matter of beyond the scope of the instant rule amendments of Subparts C, G, H, and I making proceeding they will not be con­ 1. Section 21.101 is amended to read of Part 21 of the Commission’s rules to sidered at this time. Further, the effec­ as follows: reduce the separation between assignable tive dates for the implementation of the § 21.101 Frequency stability. technical standards were established in frequencies in the 450-470 Mc/s band for (a) The carrier frequency of each Domestic Public Radio Services (other Docket No. 13847 on the bases of the very urgent need to implement the newly transmitter authorized in these services than Maritime Mobile), Docket No. 17023. shall be maintained within the following 1. This proceeding was instituted by created splits to immediately alleviate a notice of proposed rule making re­ channel congestion. These same urgent percentage of the reference frequency leased December 2, 1966 (PCC 66-1086)1 needs prevail for the common carrier except as otherwise provided in para­ to amend Subparts C, G, H, and I of Part services. In addition, the availability of graph (b) of this section (unless other­ the additional radio channels obtained wise specified in the instrument of station 21 of the Commission’s rules as set forth authorization the reference frequency in the appendix thereto and errata. The by channel-splitting will avoid the ne­ cessity for holding comparative hearings shall be deemed to be the assigned fre­ time for filing comments and reply com­ quency) : ments expired February 9, and March 7, in many situations, or in those cases 1967, respectively.2 The information con­ where hearings must be held, serve to tained in the five comments and three simplify the issues. Therefore, all sys­ Frequency tolerance (percent) reply comments, together with the per­ tems, existing and new, will be required tinent and relevant information con­ to operate with deviation reduced to ± Frequency range All fixed Mobile Mobile 5 kc/s by June 1, 1968. All systems au­ (Mc/s) and base stations stations 3 tained in Docket No. 13847,3 were all stations over 3 watts or considered by the Commission. thorized prior to June 1, 1968, will have watts1 less1 2. In Docket No. 13847 (channel split­ to conform to all of the proposed new technical standards (viz. bandwidth, ting in the Safety and Special Radio 25 to 60...... 0.002 0.002 - 0.005 Services), the Commission adopted tolerance, and roll-off filter) by Novem­ 50 to 450...... 0005 .0005 .005 ber 1,1971. 450 to 470...... 00025 .0005 .0005 technical standards to permit the opera­ 470 to 1,000...... 0005 .0005 .005 tion of radio facilities in the 450-470 5. The Comments filed by Central 2,110 to 2,200...... 001 Watch Service, Inc.l concerning apparent 2,200 to 10,000...... 05 .05 .05 Mc/s band upon frequencies separated 10,000 to 40,000...... 75 .75 .75 by 25 kc/s, as well as certain mandatory variances in the notice of proposed rule dates for the implementation of such making and the appendix attached thereto and the omission of the date for 1 Below 470 Mc/s, transmitter plate power standards. The Commission believed that input to the final frequency stage, as speci­ the public interest would best be served implementation of the roll-off filter for fied in the Commission’s Radio Equipment List. existing facilities are well taken and the Above 470 M c/s, transmitter power output, as by the application of these same techni­ specified in the Commission’s Radio Equipment cal standards and time limits to com­ necessary corrections in the Appendix L ist. mon carrier radio services in this band. have been made. 6. The Commission is of the opinion (b) In the frequency band 450 to 470 Accordingly it issued the above-entitled Mc/s, radio facilities authorized prior notice of proposed rule making. that the benefits to be derived by the public from early implementation of the to June 1, 1968 shall be permitted 3. In the proposed notice the following new split channels will outweigh the in­ to operate within the following fre­ amendments were recommended to Sub- conveniences which may be occasioned quency tolerance (percent) of the ref­ parts C, G, H, and I of Part 21 of the by the dates established in this report erence frequency until November 1, rules: Tightening of frequency tolerance and order, and which conform with the 1971: hmits to 0.00025 percent for fixed and dates set forth in Docket No. 13847. (1) All fixed and base stations: 0.0005 base stations, and to 0.0005 percent for Under the circumstances, we conclude percent. all mobile stations; reduction of fre­ that the public interest convenience, and (2) All mobile stations (over 3 watts): quency deviation due to modulation to 5 necessity would best be served by amend­ 0.0005 percent. *n ^eu T5 kc/s; and the use of a ing Part 21 of the rules as set forth below. (3) All mobile stations (3 watts or Post limiter roll-off filter with character­ The changes in technical standards less): 0.005 percent. istic recommended by Working Group herein adopted will necessitate with­ 2. Section 21.501 (b), (c), and (i) is o of the Land Mobile Advisory Com- drawal of type acceptance as of Novem­ amended to read as follows: All systems, existing and new, ber 1, 1971, for a number of transmitter § 21.501 Frequencies. would be required to operate with devia- types now listed in the Commission’s ”£n educed to ± 5 kc/s within 6 months Radio Equipment List. A list of trans­ ♦ * * * * iter the effective date of the report and mitter types so affected will be issued in (b) For assignment, to stations of the near future. communication common carriers en­ The notice was published in the Fei 7. Accordingly, pursuant to authority gaged also in the business of affording ecister o f Dec. 10, 1966 (31 F.R. 15600) contained in section 4(i), 303 (r), and public landline message telephone serv­ n, for hling comments and reply < ice, for General and Dispatch Communi­ n iS? extended by orders released 307(d) of the Communications Act of ■u and Feb. 24,1967. 1934, as amended: It is ordered, That cations (provided that Signaling Com­ munications may also be furnished by Part« r?latter o f * * * am endm en pursuant to the effective dates stated in 21 +i,87 (formerly 9), 89, 91, 93, 95, paragraph 4, supra, Part 21 of the Com- any facility rendering such General or fremiorS - Commission's rules to reallc Dispatch Service): make Mc/s band ax * For good cause shown, the late-filed Com­ Ssienr^f^*!01131 frequencies available ments by Central Watch Service, Inc., are 5 Chairman Hyde absent; Comxxiissioner gnment in the 450-470 Mc/s band.’ accepted and have been considered. Johnson concurring in result.

FEDERAL REGISTER, VOL. 33, NO. 52— FRIDAY, MARCH 15, 1968 4578 RULES AND REGULATIONS

Mobile, dispatch, (i) In lieu of a wireline circuit for (3) The effective radiated power of the and auxiliary test control of a specific base station trans­ control or repeater station does not ex­ Base station fre­ station frequencies mitter from its required control point ceed 150 watts. quencies (M c/s) : (M c/s) or in lieu of wirelines for an audiocircuit (4) The use of the frequencies by a 152.51______157.77 to a base station control point from a re­ control or repeater station will not cause 152.54 ______157.80 motely located fixed receiver used for harmful interference to any other station 152.57 ______157.83 reception of mobile station transmissions, 152.60 ______157.86 authorized to use such frequencies and 152.63 ______157.89 and upon an affirmative showing that the shall be on a secondary basis to the pro­ 152.66 ______157.92 conditions set forth in subparagraphs (1) vision of mobile and rural radio service 152.69 ______157.95 through (5) of this paragraph are satis­ by other classes of stations. 152.72 ______157. 98 fied, a single control and repeater station 152.75 ______158.01 may be authorized to miscellaneous com­ (5) Series operation of more than one 152.78 ______158.04 mon carriers upon the frequencies in­ control or repeater station is not involved. 152.81______158. 07 ______459.375 dicated below: Note: T he provisions o f subparagraphs (1) 454.375 ______and (2) of this paragraph may be waived by ______459.400 R epeater 454.400 ______the Commission upon a factual showing, sup­ ______459.425 sta tion 454.425 ______ported by such engineering proof as may be ______459.450 fr e - 454.450 ______necessary, that all of the currently assignable ______459. 475 Control station qu en cies 454.475 ______pairs of 152-162 M c/s band frequencies*listed ______459.500 frequencies (M c/s) : (M c/s) 454.500 ______in paragraph (c) of this section are not ______459.525 454.525 ______454.025 ______459.025 assigned or applied for within interference ______459.550 454.550 ______454.050 ______459.050 range of existing or possible station assign­ ______459.575 454.575 ______454.075 459.075 ments within the urbanized area having a ______459.600 454.600 ______454.100 ______459.100 p opu lation o f over 300,000 and, upon a satis­ ______459. 625 454.625 ______454.125 ______459.125 factory showing, that in such area over a ______459.650 454.650 ______454.150 ______459.150 substantial period of years the growth of ______1459. 700 454.7001 ______454.175 ______459.175 the public land mobile radio service has not 454.750 1 ______1459.750 454.200 ______459.200 been hampered and is not likely to be ham­ 454.8001 ______1459.800 454.225 ______459. 225 pered by a shortage of frequencies allocated ______1459.850 454.8501 ...... 454.250 ______459.250 to su ch service in the 152 to 162 M c/s band. 454.9001 ______1459.900 454.275 ______459.275 Facilities authorized under the provisions of 454.9501 ______1459.950 454.300 ______- ______459. 300 such waivers shall be on a secondary basis 454.325 ______459.325 and subject to the condition that, in the i Pending promulgation of rules and^regu- 454.350 ______459.350 lations to govern tiie public air-ground radio­ event the frequencies are required for assign­ téléphone service, and subject to further (1) The control station, and the base ment to base and mobile stations in the area, order of the Commission, frequencies in the station controlled thereby, are located operation thereon shall be terminated within 454.675-455.000 Mc/s and 459.675-460.000 over 50 airline miles from the nearest 60 days after notice is received from the M c/s bands are not available for operation of geographical boundary of the nearest Commission. new radio facilities in the Domestic Public urbanized area having a population over 3. Section 21.507(b) is amended to T.a.nri Mobile Radio Service. In the interim, 300,000 (as determined and defined in read as follows: . the authorizations of stations using such fre­ the most recent census reports of the U.S. quencies may be renewed, subject to Com­ Bureau of the Census). § 21.507 ¿landwidth and emission limi­ mission determination relative to use of such (2) The repeater station, and the point tations. frequencies by the public air-ground radio­ • * * * * telephone service. to which its transmissions are directed, are located over 50 airline miles from the (b) The maximum authorized band­ (c) For assignment to stations of com­ nearest geographical boundary of the width of emission and, for the cases of munication common carriers not also nearest urbanized area having a pop­ frequency or phase modulated emissions, engaged in the business of providing a ulation over 300,000 (as determined and the maximum authorized frequency de­ public landline message telephone serv­ defined in the most recent census reports viation shall be as follows: ice for General and Dispatch Communi­ of the U.S. Bureau of the Census). cations (provided that Signaling Com­ 50-150 M c/s 150-500 Mc/s munications may also be furnished by 25-50 M c/s Type of emission any facility rendered such General or Authorized Frequency Authorized Frequency Authorized Frequency deviation Dispatch service) : , bandwidth deviation bandwidth deviation bandwidth (kc/s) (kc/s) (kc/s) (kc/s) M obile, (kc/s) (kc/s) dispatch, and a u x­ 1 1 1 A1 3 iliary tes t A 9 ,r-______3 3 8 8 sta tion A3 ______8 Ft ______3 3 3 fr e - 15 15 15 >20 — * is Base station fr e - q u en cies F3 -- - 20 6 40 15 quencies (M c /s ) : (M c/s) 152.03 ______!------158. 49 1 In the frequency band 450 to 470 Mc/s, radio _facilities using frequency modulated or ph ,, 152.06 ______,158. 52 modulated emission, authorized prior to June 1,1968,!, will wm continuewuuuuc to be authorized withv ~t _ banawia hv 152.09 ______158. 55 of 40 kc/s until November 1,1971, provided that, frequencynnencv deviation is reduced to 5o kc/s byoy Jun , 152.12 ______158.58 1968. 152.15 ______158. 61 and the modulated stage. At audio­ 152.18 ______158.64 frequencies between 3 kc/s and 15 kc/ * 152.21 ______— 158.67 4. Section 21.508(f) is amended and a the filter shall have an attenuation 454.025 ______459.025 new paragraph (g) is added to read as 454.050 ______459.050 follows: greater than the attenuation of 1 kc/ 454.075 ______459.075 by at least: 454.100 ______459.100 § 21.508 Modulation requirements. 40 log10 (f/3) decibels 454.125 ______459.125 ***** 454.150 ______459.150 where “f” is the audiofrequency iu 454.175 ______459.175 (f) Each transmitter, which operates kilocycles per second. At audiofreque “ 454.200 ______459.200 on frequencies below 450 Mc/s and em­ cies above 15 kc/s, the attenuation s 454.225 ______.______459.225 ploys type A3 or F3 emission, shall be be at least 28 decibels greater than wie 454.250 ______459.250 equipped with a modulation limiter in 454.275 ______459.275 attenuation at 1 kc/s. 454.300 ______459.300 accordance with the provisions of para­ (g) Each transmitter which operates 454.325 ______459.325 graph (e) of this section and also shall be equipped with a low-pass audio filter on frequencies between 450 Mc/s au 454.350 ______^______459.350 470 Mc/s and employs type A3 or t * • • * * installed between the modulation limiter

FEDERAL REGISTER, VOL. 33, NO. 52— FRIDAY, MARCH 15, 1968 RULES AND REGULATIONS 4579 emission, shall be equipped with a modu­ 454.625 1 ______2 459. 625 7. Section 21.605(e) is amended and lation limiter in accordance with the 454.65 2 ______2459. 65 new paragraph (f) is added to read as provisions of paragraph (e) of this sec­ 454.701 3 ______23 459. 70 follows: tion and also shall be equipped with a 454.75 1 3 ______1 3 459. 75 454.80 1 3 ______2 3 459. 80 § 21.605 Modulation requirements. low-pass audio filter installed between 454.85 13______13 459. 85 * * * * * the modulation limiter and the modu­ 454.901 3 ______13 459. 90 lated stage. At audiofrequencies be­ 454.95 18 ______13 459. 95 (e) Each transmitter, which operates tween 3 kc/s and 20 kc/s, the filter shall on frequencies below 450 Mc/s and em­ 1 This frequency is available for assignment ploys type A3 or F3 emission, shall be have an attenuation greater than the only to stations of communication common attenuation at 1 kc/s by at least: carriers also engaged in the business of equipped with a modulation limiter in 60 logj,, (f/3 ) decibels providing a public landline message tele­ accordance with the provisions of para­ phone service. graph (d) of this section and also shall where “f” is the audio frequency in kilo­ 2 This frequency is available for assignment be equipped with a low-pass audiofilter cycles per second. At audio frequencies only to stations of communication common installed between the modulation limiter above 20 kc/s, the attenuation shall be carriers not also engaged in the business of and the modulated stage. At audio­ providing a public landline message tele­ frequencies between 3 kc/s and 15 kc/s, at least 50 decibels greater than the phone service. attenuation at 1 kc/s: Provided, however, 3 Pending promulgation of rules and regu­ the filter shall have an attenuation That in lieu of such filter, transmitters lations to govern the public air-ground greater than the attenuation at 1 kc/s authorized to operate between 450 Mc/s radiotelephone service, and subject to fur­ by at least: and 470 Mc/s prior to June 1, 1968, may ther order of the Commission, frequencies in 401og10 (f/3) decibels continue to operate until November 1, the 454.675-455.000 M c/s and 459.675-460.000 1971, with a filter meeting the require­ M c/s bands are not available for operation of where “f ” is the audiofrequency in kilo­ ments prescribed in paragraph (f) of new radio facilities in the Rural Radio Serv­ cycles per second. At audiofrequencies this section. ice. In the interim, the authorizations of above 15 kc/s, the attenuation shall be stations using such frequencies may be re­ at least 28 decibels greater than the 5. Section 21.601(a) is amended to newed, subject to Commission determination attenuation at 1 kc/s. read as follows : relative to use of such frequencies by the public air-ground radiotelephone service. (f) Each transmitter, which operates § 21.601 Frequencies. ***** on frequencies between 450 Mc/s and 470 Mc/s and employs type A3 or F3 emis­ (a) The following frequencies are 6. Section 21.604 is amended to read sion, shall be equipped with a modulation available primarily to the Domestic as follows: limiter in accordance with the provisions Public Land Mobile Radio Service and §21.604 Emission limitations. of paragraph (c) of this section and also on a secondary basis, to stations in the shall be equipped with a low-pass audio Rural Radio Service, provided no harm­ (a) The maximum authorized band­filter installed between the modulation ful interference is caused to stations in width of emission and, for the cases of limiter and the modulated stage. At frequency or phase modulated emissions, audio frequencies between 3 kc/s and 20 the Domestic Public Land Mobile Radio the maximum authorized frequency Service: kc/s, the filter shall have an attenuation deviation shall be as follows: greater than the attenuation at 1 kc/s Central office and Rural subscriber and by at least: inter-office station interoffice station 50-150 Mc/s 150-500 Mc/s frequencies (M c/s) : frequencies \Mc/s) 60 log10 (f/3) decibels ______2 158.49 ------2 158. 52 Type of Fre­ Fre­ where “f” is the audio frequency in kilo­ emission Authorized quency Authorized quency cycles" per second. At audio frequencies ------3 158. 55 bandwidth devia­ bandwidth devia­ — ...... 2 158.58 (kc/s) tion (kc/s) tion above 40 kc/s, the attenuation shall be ------3 158. 61 (kc/s) (kc/s) at least 50 decibels greater than the ------2 158. 64 attenuation at 1 kc/s: Provided, however, ------2 158. 67 A1______1 * 1 That in lieu of such filter transmitters 152.511 ------2 157. 77 A 2...... 3 3 authorized to operate between 450 Mc/s 152.541 ------2 157.80 A 3...... 8 8 A 4 ...... 12 and 470 Mc/s prior to June 1, 1968, may 152.57 2 ------2 157. 83 12 152.601 F I...... 3 3 continue to operate until November 1, ------2 157. 86 F2...... 3 3 152.631 ------2 157.89 F3...... 40 15 1 20 > 5 1971, with a filter meeting the require­ 152.661 ------2 157, 92 F4_...... 40 15 >20 >5 ments proscribed in paragraph (f) of this 152.691 ------2 157. 95 section. 152.722 ------2 157. 98 2 In the frequency band 450 to 470 M c/s, radio 152.75 2 ------2 158. 01 facilities using frequency modulated or phase 8. Section 21.701(e) is amended to 152.78 2 ------2 158. 04 modulated emission, authorized prior to June 1, split the assignable frequencies (chan­ 152.81 2 1968, will continue to be authorized with band­ ------2 158. 07 width of 40 kc/s until November 1, 1971, pro­ nels) two for one. The table of fre­ 2 459. 025 vided that, the frequency deviation is reduced to quencies following (e) (4) as amended ------2 459.05 5 kc/s by June 1, 1968. reads as follows: 2 459. 075 (b) Bandwidths of emission greater ------2 459.10 than shown in paragraph (a) of this § 21.701 Frequencies. 2 459.125 * * * * * ------2 459.15 section may be authorized for multichan­ nel operation upon an adequate showing /pt * * * 2 459.175 ( 4 ) * * * ------2459.20 of need therefor and provided a showing 2 459.225 is made that the efficiency of frequency M c/s Mc/s ------2 459. 25 utilization per derived communication 454.025------459.025 2459. 275 channel is equivalent to or greater than 454.050______459. 050 ------2 459.30 on a single channel basis. Radio facili­ 454.075------459.075 2 459. 325 454.35 2 . 454.100------459.100 ------3459. 35 ties using frequency modulated or phase 454.3752 454.125______459.125 ------2 459. 375 modulated emission shall not exceed a 454.40 2 . 454.150------459.150 ■...... — 2 459. 40 454.425 2" frequency deviation of 5 kc/s due to 454.175______459.175 ------2 459. 425 454.45 2 . 454.200------459. 200 ------2 459. 45 modulation of the carrier frequency. An 454.475 2' 454.225______459.225 ------2 459. 475 application requesting such authoriza­ 454.50 2 . 454.250______459.250 ------2 459. 50 454.525 2 tion shall fully describe the modulation, 454.275______459.275 454.55 2 ------:___ 2 459. 525 emmission and bandwidth desired and 454.300______459.300 ------2 459. 55 454.325______459.325 454.575 2' shall specify the bandwidth to be 454.60 2 . ------2 459. 575 454.350______459.350 ------2 459. 60 occupied. *****

No.52— i 4 FEDERAL REGISTER, VOL. 33, NO. 52— FRIDAY, MARCH 15, 1968 4580 RULES AND REGULATIONS 9. Section 21.703(e) is amended to read as follows: § 21.703 Bandwidth and emission limi­ tations. ***** (e) The maximum authorized band­ width of emission and, for the cases of frequency or phase modulated emission, the maximum authorized frequency deviation shall be as follows:

50-150 Mc/s 150-500 Mc/s

Type of Fre­ Fre­ emission Authorized quency Authorized quency bandwidth deviar bandwidth devia­ (kc/s) tion (kc/s) tion (kc/s) (kc/s)

A1 1 1 A2 3 3 AS 8 8 TTl 3 3 15 15 F3______40 15 >20 >5

1 In the frequency band 450 to 470 M c/s, radio facilities using frequency modulated or phase modulated emission, authorized prior to June 1, 1968, will continue to be authorized with band­ width of 40 kc/s until November 1, 1971, pro­ vided that, the frequency deviation is reduced to 5 kc/s by June 1, 1968. * * * * * [F.R. Doc. 68-3147; Filed, Mar. 14, 1968; 8:45 a m .]

FEDERAL REGISTER, VOL. 33, NO. 52— FRIDAY, MARCH 15, 1968 4581 Proposed Rule Making

Evansville (hereinafter referred to as and Columbus, 25 cents; for Indianapolis, DEPARTMENT OF AGRICULTURE Louisville) orders. 30 cents; and for Louisville, 40 cents. Findings and conclusions. The follow­ By this means, producers propose to Consumer and Marketing Service ing findings and conclusions on the ma­ eliminate significant fluctuations in E 7 CFR Parts 1005, 1033,1034, 1035, terial issues are based on evidence pre­ differences among uniform prices in sented at the hearing and the record these markets, which compete for 1046, 1049] thereof: supplies, that are not caused by changing [Docket No. AO 177-A31, etc.] (1) The “Louisville” plan for adjust­ patterns in their respective supply-de­ ing uniform prices seasonally should be mand relationships. At the same time, MILK IN TRI-STATE AND CERTAIN revised for each of the six markets. however, the incentive to improve de­ OTHER MARKETING AREAS Major producer associations in the six liveries seasonally would be preserved. Notice of Recommended Decision and markets proposed a coordinated basis for At the hearing a handler, while sup­ determining the spring “ take-out” and porting continuance of Louisville plans Opportunity To File Written Excep­ fall “pay-back” amounts under the in these orders, suggested that for the tions on Proposed Amendments to individual market “Louisville” price- Cincinnati, Miami Valley, Tri-State, and Tentative Marketing Agreements adjustment plans. Columbus orders the monthly rate of and to Orders At present identical plans prevail in spring take-out not exceed 15 cents per the Cincinnati, Miami Valley, Tri-State, Hundredweight. He suggested also reduc­ 7 CFR Marketing area Docket No. and Columbus markets. Under such plans tions greater than proposed by producers Part 20 cents per hundredweight is withheld for the other two orders, but did not from the uniform price in April and July propose specific amounts for such orders. 1005 Tri-State...... AO 177-A31. and 25 cents per hundredweight is so He was concerned mainly with maintain­ 1033 Greater Cincinnati...... AO 166-A36. ing close blend price alignments between 1034 Miami Valley, Ohio...... AO 175-A26. withheld in May and June. Such funds 1035 Columbus, Ohio ______AO 176-A23. are returned to producers at the rate of the subject markets and other markets 1046 Louisville-Lexington-E vans- AO 123-A33. in proximity to them, particularly the ville. 20 percent each month of September and 1049 Indianapolis, Ind...... AO 319-All. December and at a 30 percent rate in producer blend price relationship be­ October and November. tween the Columbus market and the The Louisville and Indianapolis mar­ Northeastern Ohio and Northwestern Pursuant to the provisions of the Ohio markets, which do not have Louis­ Agricultural Marketing Agreement Act of kets have different plans. In Louisville an amount equal to 12 percent of the ville plans. 1937, as amended (7 U.S.C. 601 et seq.), The primary purpose of the seasonal and the applicable rules of practice and previous year’s average basic formula price is withheld in each month of April production incentive plan for each of the procedure governing the formulation of markets, is to induce dairy farmers to marketing agreements and marketing through July. Pay-back of the aggregate monies accumulated is made at the rate increase fall production in relation to orders (7 CFR Fart 900), notice is here­ spring production, thus to encourage a by given of the filing with the Hearing of 25 percent each month in September, October, November, and December. more even pattern of milk deliveries Clerk of this recommended decision with throughout the year. It provides a con­ respect to proposed amendments to the The Indianapolis plan provides for tinuing inducement to dairy farmers to tentative marketing agreements and withholding eight percent of the Class I increase production during the period of orders regulating the handling of milk price effective for each month of April greatest Class I demand relative to sup­ m the aforesaid marketing areas. through July, and pay-back of the ac­ plies and at the time of the year when Interested parties may file written cumulated funds at the monthly rate production costs tend to be highest. The exceptions to this decision with the of 25 percent in each month of Septem­ Louisville plan is the incentive provided Hearing Clerk, U.S. Department of Agri­ ber through December, in each of the six orders for maintaining culture, Washington, D.C. 20250, by the The major producer associations in the seasonal production in line with Class I third day after publication of this deci­ six markets joined in proposing revisions sales and thus reducing the burden of sion in the F ederal R e g is t e r . Nine copies of these individual market plans so as to handling seasonal surplus to the benefit of the exceptions should be filed. All achieve a reduced spread in the amounts of all producers. written submissions made pursuant to deducted, and a fairly constant relation­ Since April 1, 1964, the seasonal pro­ this notice will be made available for ship in such amounts and in the rates of duction incentive plans in the Columbus, public inspection at the office of the pay-back. Cincinnati, and Miami Valley orders Hearing Clerk during regular business In all markets the pay-back would be have been identical as to both rates of hours (7 CFR 1.27(b)). made uniformly both as to months and withholding in the spring months and Preliminary statement. The hearing monthly rate (25 percent in each of the percentages of “pay-out” to be added to on the record of which the proposed 4 months of September through Decem­ the uniform price in the fall months. amendments, as hereinafter set forth, to ber). Identical plans were adopted to remove the tentative marketing agreements and Specifically, the producers’ proposals producer aggravation and disruption of to the orders, as amended, were formu­ called for subtracting, in each market supplies which had developed because of lated, was conducted at Cincinnati, Ohio, separately, a percentage of the average differences in the plans. On May 1, 1965, on February 14, 1968, pursuant to notice monthly basic formula price for the an identical plan was adopted in the Tri- tnereof issued February 6, 1968 (33 F.R. preceding calendar year with respect to State order. Official notice is taken of the ¿786), each hundredweight of producer milk March 20, 1964, decision (29 FJl. 3668) ,, material issues on the record of delivered to the market during April, which adopted the revised and identical the hearing were : May, June, and July. The applicable Louisville plans for the three orders and percentage in each market would be as the April 23,1965, decision (30 FJEt. 5904) 1. Revision of the fall production in­ follows: Cincinnati, Miami Valley, Tri- with respect to the Tri-State order. centive (“Louisville” ) plans in the six orders; State and Columbus, six; Indianapolis, The close marketing relationships eight; and Louisville, 10. The maximum among the three markets, as pointed out f3 Reduction of Class I butterfat dif- amount per hundredweight which would in the March 20, 1964, decision, have rentials under the Columbus, Greater be deducted in any month would be: further developed to involve the Indi­ ncinnati, and Louisville-Lexington- For Cincinnati, Miami Valley, Tri-State, anapolis, Louisville, and Tri-State

FEDERAL REGISTER, VOL. 33, NO. 52— FRIDAY, MARCH 15, 1968 4582 PROPOSED RULE MAKING markets. There is considerable overlap­ proposed, will provide an appropriate of “pay-back” slightly. This would oc­ ping of milk production areas of the six base amount for determining take-out cur because the current rate of “pay­ markets. The Ohio counties of Clinton, rates for all the markets. It is identical back” now is 20 percent in September Payette, Highland, Madison, and Boss, for all the markets. It will permit ad­ and December and 30 percent in Oc­ for example, are a common production vance announcement of the amounts per tober and November, as compared to the area for the Cincinnati, Miami Valley, hundredweight to be deducted in April, 25 percent each fall month herein Tri-State, and Columbus markets. May, June, and July. The producers will adopted. If this amendment had been Further, the Ohio counties of Drake, be better informed concerning these effective in September and December Mercer, Miami, and Shelby are a com­ deductions. The several plans will be 1967, the rate of pay-back would have mon production area for the Cincin­ coordinated. been six cents more than the actual rate nati, Miami Valley, and Indianapolis The following table below sets forth the each month. Conversely, in these mar­ markets. Likewise, the Indiana counties “ take-out” rates, as proposed by pro­ kets for October and November the rate of Adams, Payette, Jay, Randolph, ducers and adopted herein, as applied to of “pay-back” would have been less than Union, and Wayne are a supply area for 1967 and 1968, along with the average the actual amount: For Columbus, by such three markets. of the actual rates for 1967: 4 cents each month; Miami Valley, by Producers in the Indiana counties of R ates of T ake-Out—A ped., M a t , Jun e, July 1967-1968 4 cents each month; Tri-State, by 4 Jefferson, Miami, and Scott deliver to cents in October and 5 cents in Novem­ regulated plants under the Cincinnati, Actual Adopted ber; and Cincinnati, by 5 cents in each Louisville, and Indianapolis orders. In month. the overlapping production areas serv­ 1967 1967 1968 A handler with plants regulated under ing these markets, there are 43 counties the Miami Valley, Columbus, Indian­ apolis, and Louisville orders complained in Ohio, 36 counties in Indiana, and 13 cents cents cents counties in Kentucky where milk from Four markets 1______22.5 23.5 23.9 that any increase in the rates of take-out 44 30 30 and pay-back under the Columbus, Tri- farms located in each county is deliv­ 39.9 ered to at least two of the six markets. 47 39.2 State, Miami Valley, and Cincinnati The similarity in health requirements orders might result in an unsatisfactory among these markets, together with im­ * Tri-State, Columbus, Cincinnati, Miami Valley. price relationship with blend prices for proved roads and transportation facilities The revised rates of “ take-out” will the Northwestern Ohio and Northeastern for moving milk over greater distances, reduce somewhat the differences in the Ohio markets. He suggested a take-out have contributed to the ease with which spring-fall blend price relationship in rate not to exceed 15 cents per hundred­ dairy farmers can shift from one market each of the markets of Indianapolis and weight for the four markets. to another in seeking the most profitable Louisville. The consistent high percent­ The handler testified that producers outlet. age of fall to spring production which delivering high butterf at test milk to the - The present rates as they affect blend exists in these markets is the principal Columbus market would shift to the prices in the respective markets have reason why producers now find some Northeastern Ohio market if the pro­ caused a growing unrest among produc­ reduction in take-out feasible as part ducers’ proposed rate of “take-out” and ers and provided an incentive for oppor­ of a coordinated plan. The percentage of proposed Class I butterfat differentials tunistic movements of milk by individual recent fall to spring production to past were adopted. However, the handler of­ producers from market to market. A periods in the remaining four markets fered no substantive support for reduc­ switching of markets by individual pro­ does not support a reduction at this time ing the rate of “ take-out” which also ducers without regard to the Class I re­ in the present rates of “take-out” . On would reduce the rate of “pay-back” in quirements of the markets is causing the other hand, producers stress that the fall months in these markets. This interferences with economic movements over time they expect less withholding reduction in rate of “pay-back” would of milk by the cooperatives to meet to be necessary to accomplish the pur­ not be waranted in view of producers’ changing Class I requirements of han­ poses of the plan. For this reason, they support for continuation of the present dlers in these markets. suggested maximum limits on the average rate of “pay-back” as the incen­ Having similar provisions in these vari­ amount withheld in the various markets. tive required for fall deliveries to meet ous markets will provide an opportunity The maximum limits for the rate of fluid milk needs of the markets. The ap­ for better understanding among pro­ take-out (Louisville—40 cents, Indian­ propriate Class I butterfat differential ducers as to the requirements for milk apolis—30 cents, other four markets— for the Columbus market is discussed in supplies for the markets and diminish 25 cents) proposed by producers should a later section. The proposed reduction such movements of producers, thus con­ be adopted. of the “take-out” rate in the four markets tributing to more orderly marketing of Since the adopted rates of “ take-out” therefore is denied. milk by cooperative associations. Thus for the Indianapolis and Louisville orders (2) Butterfat differentials for adjust­ competition for available milk supplies will result in a smaller accumulation of ing Class I prices in the Cincinnati, will be based on the respective Class I funds dining the spring “ take-out” Columbus, and Louisville markets should prices and utilizations of the several period, they likewise will result in lesser be modified. markets. amounts of “pay-back” during the fall Major producer associations in the To correct these problems, proponents months. If the proposed amendment had three markets proposed reductions in the proposed that the rate of “take-out” In been effective in Indianapolis and Louis­ Class I butterfat differentials effective each of the six markets be based on a ville during 1967, the rate of “pay-back” in such markets. Butterfat differentials percentage of the basic formula price so per hundredweight of producer milk for are used to adjust Class I prices for point as to provide an identical “base” for com­ the months of September, October, No­ variations (per one-tenth of 1 percent) puting the rates of “take-out”. The dif­ vember, and December would have been in the butterfat content of Class I milk ferent bases currently used to determine lower than the actual rates by the fol­ from 3.5 percent. the rates of “take-out” have caused un­ lowing amounts: Indianapolis 17, 15, 16, due variations in the markets’ blend The present Class I butterfat differen­ and 15 cents, respectively, and for Louis­ tials for the Cincinnati and Louisville prices which have tended to cause tem­ ville 8, 8, 9, and 9 cents, respectively. porary disruptions in supply patterns. markets are computed by multiplying the The adopted rates of “take-out” for Chicago butter price by 12.7 percent and For example, increases in Class I prices the Columbus, Miami Valley, Cincinnati that have occurred during recent years 12.5 percent, respectively. For the Colum* have resulted in increasing the rate of and Tri-State markets would have had bus market, the Class I butterfat differ­ very minor effect on the total monies ential is computed by multiplying the “take-out” for the market (Indianapolis) included in the “pay-back” to producers using such price as a base for computing Class I price by 0.0172. during the months of September In support of their proposals, propo­ such rate, whereas the three markets of through December 1967. On the other Cincinnati, Miami Valley, and Columbus nents pointed out the need for a common have had no change in rate of “take-out”. hand, the new rate of “pay-back” de­ basis of adjusting Class I milk prices m The average of the basic formula termined as one-fourth of the total view of the widely varying butterfat con­ prices of the preceding calendar year, as “take-out” would alter the fall pattern tent of the several product items, such

FEDERAL REGISTER, VOL. 33, NO. 52— FRIDAY, MARCH 15, 1968 PROPOSED RULE MAKING 4583

as milk, skim milk, flavored milk drinks, producer milk for Cincinnati and Louis­ do not preclude, however, further adjust­ low-fat milk, and cream products, within ville were 3.69 and 3.73 percent, respec­ ments of Class I butterfat differentials the class. Their proposal was to compute tively. For 1967 such tests were 3.70 and in the three markets concerned if this the butterfat differential per point of 3.71 percent. In Columbus the 1967 an­ should be warranted as a result of the butterfat as 12 percent of the Chicago nual average test was 3.75 percent com­ Memphis hearing. 92-score butter price. Adoption of the pared to 3.71 percent in 1965. As previously indicated, a Columbus proposal in the three markets would re­ On the other hand, in each of the three handler objected to the proposed reduc­ sult in identical Class I butterfat dif­ markets butterfat differentials on the tion in the Class I butterfat differential ferentials in all six markets involved in blend price, as well as on Class I milk, for the' Columbus market and recom­ this hearing. have increased over the past 3 years. Be­ mended that a differential of 13 percent Two handlers, under the Cincinnati tween 1965 and 1967 the annual average times the Chicago butter price be order, opposed the proposed change in­ differential per point of butterfat on the adopted. This handler opposed the re­ sofar as that order is concerned. Their producers’ uniform prices increased from duction of the Columbus Class I butter­ opposition was based on the fact that the 7.8 to 9.2 cents in Columbus; from 7.4 fat differential from a 1967 monthly minimum price of the skim milk com­ to 8.1 cents in Cincinnati; and from 7.4 average Qf about 14.7 percent, to 12 per­ ponent of Class I milk would be in­ to 8.2 cents in Louisville. cent, of-the Chicago butter price because creased. They also indicated a belief that The disparate trends in butterfat test this change in differential would exceed competition with lower-priced milk from of producer milk deliveries and of Class that adopted for the Eastern Ohio- other markets would be aggravated. One I milk in each of the three markets sug­ Western Pennsylvania order (formerly of these handlers made a similar objec­ gests a reduction in Class I butterfat Northeastern Ohio) in the final decision tion to the change as proposed for the differentials in order to adapt the pric­ of February 21, 1968 (33 F.R. 3466). Louisville market. ing technique to current marketing The Class I butterfat differential for Another handler opposed the butter­ conditions and to provide an improved the latter market was reduced from 13 fat differential proposal as it would ap­ climate for competition in procurement percent to 12 percent of the Chicago but­ ply to the Columbus market. Such han­ and fluid sales for these and the other ter price. It was the handler’s position dler similarly argued that it would have three markets involved in this hearing. that there would be an incentive for a price-increasing effect on the sk im milk The overlapping of milksheds and ex­ producers delivering high butterfat test component of Class I milk in that mar­ pansion of route distribution from some milk to the Columbus market to shift ket. He recommended a more gradual of these markets into others make close to the Northeastern Ohio market because reduction in the butterfat differential to price alignments appropriate. Adoption of the effect the substantial reduction in 13 percent of the Chicago 92-score butter of the butterfat differential proposals the Columbus Class I butterfat differen­ price at this time. The present differen­ for the three markets will aid this ob­ tial would have on the producer butter­ tial in this market ranges from 14-15 jective since all six markets then will fat differential used to adjust the blend percent of the butter price. have identical differentials. The respec­ price. The trend in the average butterfat test tive proposals to employ a Class I but­ Although the Columbus Class I butter­ of Class I milk in each of the three mar­ terfat differential computed as 12 per­ fat differential would be reduced a kets indicates a diminishing need for cent of the Chicago butter price should greater amount than in the Eastern butterfat for fluid milk products. Sales be adopted. Ohio-Western Pennsylvania order, the of fluid skim milk and “low-fat” (2 per­ Handlers who objected to a reduction resulting Class I butterfat differentials cent) milk in each of these markets have in butterfat differentials pointed out the for the two markets (12 percent of the increased as a proportion of the total price-increasing effect of such action on Chicago butter price) would be the same. market over the past 5 years. the skim milk component of Class I milk. Moreover, the percent of butterfat utilized in Class I milk in the Columbus For example, in Louisville sales of 2 This will occur for skim milk when the Class I price per hundredweight of 3.5 market exceeds that for the Northeastern percent milk increased from 5.1 percent Ohio market. For example, in 1967 in the of fluid market sales in July 1962 to 9.6 percent milk remains unchanged. percent in July 1967. During the same The market requirements for skim Columbus market the butterfat utilized milk are not diminishing in these mar­ in Class I averaged 72 percent of the total skkn milk items increased from butterfat in producer milk, as compared n.9 to 16.5 percent of the total market, kets as is the demand for butterfat. On the contrary, such requirements are to about 62 percent for the northeastern in Columbus, 2 percent milk increased Ohio market.1 With this relationship and over the same period from 1.3 to 5.2 per­ increasing. This situation and the fact that handlers in each of the markets identical class butterfat differentials in cent of the market while skim milk items the two markets, the Columbus producer advanced from 8.2 to 11.1 percent of concerned are paying substantial mar­ tai sales. In Cincinnati, there were no ketwide premium (over-order) prices for butterfat differential should exceed the sales of 2 percent milk in July 1962 but milk purchased from producers makes comparable differential for the latter obvious that the skim milk is worth, in market. In this circumstance, it cannot ? L fUlJ ,1967 they constituted 13.7 per- each such market, at least as much as be concluded that producers would have ° £ the market- Skim milk items in the price it will carry under the proposed undue incentive to shift from the Colum­ rSL1 * 1 markefc 111 July 1967 were 20.4 bus market simply because of the Class I Percent of the market as compared to revision of butterfat differentials. The record does not support a reduction in differential herein adopted. The handler’s i J * BDan* > Juiy 1962. In each of the the skim milk values. proposed Class I butterfat differential of mill?6 markets, sales of bottled whole Counsel for a handler pointed out that 13 percent of the Chicago butter price S »« a lesser share of the market review of Class I butterfat differentials therefore is denied. frnm o ?ears ag0- Decreases have ranged under all orders would be under consid­ A proposal to reduce the butterfat dif­ viiw 2,4 Pfrcent of ^ e market in Louis- eration in connection with a national ferential for Class II milk under the chmati a decrease of 89 Percent in Cin- hearing on filled milk and certain other Louisville order was abandoned by pro­ fluid milk products convened at Memphis ponents. A handler, in his brief, indicated content of produci on February 19, 1968, official notice of support for reducing the Class n butter­ S s S 2 % cted in Published statisti which is taken. For this reason he sug­ fat differential. Further, he’opposed any i s t a S respective market adm gested delaying a decision on the butter­ change in the Class I butterfat differen­ °f the three markets over fat differential proposals under review tial in this market until both the Class I taken h!ars’ official notice of whicl here. and Class II butterfat differentials could the npfS f n°u f ollowed the decline ■ Official notice is taken also of the con­ be considered at another hearing called In the cLf<^ butterfat for Class I u tinuance of the Memphis hearing to for such purpose. However, no supporting there and Louisville mark April 23. It is not known, of course, when evidence for reducing the Class II differ­ a v e Ì L ^ L f f n.0 significant change such hearing may be concluded or what ential was introduced by the handler, or In cSumhiÌteÌÌat test of Producer m its result may be. It is concluded that the creaspllÌÌfbUS there has ^ e n a small changes in butterfat differentials made the ar rage butterfat test. In l! in this decision are appropriate at this 1 Official notice is taken of the 1967 monthly ahuual average butterfat tests statistical announcements of the market time for the reasons cited. Such changes administrator.

FEDERAL REGISTER, VOL. 33, NO. 52— FRIDAY, MARCH 15, 1968 4584 PROPOSED RULE MAKING by any other person at the hearing. Con­ T r i -S tate O rder § 1035.52 Butterfat differentials to han­ dlers. sequently, no further action on such pro­ In § 1005.61, paragraphs (h) and (1) posal will be taken on the basis of this are revised to read as follows: record. As previously indicated, the re­ (a) Class I milk. Multiply the Chicago vision in the Class I butterfat differential § 1005.61 Computation o f the uniform butter price for the preceding month by for the Louisville market, as well as for price. 0.120 and round to the nearest one-tenth the other two markets, should be made (h) Subtract for each month of April cent. without delay for the reasons previously through July the amount obtained by * * * * * cited. multiplying the hundredweight of 2. In § 1035.61, paragraphs (h) and (i) Rulings on proposed findings and con­ producer milk included in these com­ are revised to read as follows: clusions. Briefs and proposed findings putations by a rate that is equal to six and conclusions were filed on behalf of percent of the average basic formula § 1035.61 C om p u ta tion o f uniform certain interested parties. These briefs, price for the preceding calendar year but prices. proposed findings and conclusions and that is not more than 25 cents; ♦ * * * * the evidence in the record were con­ (i) Add for each month of September (h) Subtract for each month of April sidered in making the findings and con­ through December, one-fourth of the through July the amount obtained by clusions set forth above. To the extent total amount subtracted pursuant to multiplying the hundredweight of pro­ that the suggested findings and conclu­ paragraph (h) of this section for the ducer milk included in these computa­ sions filed by interested parties are preceding months of April through July; tions by a rate that is equal to 6 percent inconsistent with the findings and con­ * * * * * of the average basic formula price for the clusions set forth herein, the requests to , preceding calendar year but that is not make such findings or reach such conclu­ G reater C in c in n a t i O rder more than 25 cents; sions are denied for the reasons pre­ 1. In § 1033.52, paragraph (a) is (i) Add for each month of September viously stated in this decision. revised to read as follows: through December, one-fourth of the General findings. The findings and § 1033.52 Butterfat differentials to han­ total amount subtracted pursuant to determinations hereinafter set forth are dlers. paragraph (h). of this section for the supplementary and in addition to the ***** preceding months of April through July; findings and determinations previously (a) Class I price. Multiply the Chicago ***** made in connection with the issuance of L o u is v il l e -L e x in g t o n -E vansville the aforesaid orders and of the pre­ butter price for the preceding month by O rder viously issued amendments thereto; and 0.120. all of said previous findings and de­ ***** 1. In § 1046.52, paragraph (a) is re­ terminations are hereby ratified and 2. In § 1033.63, paragraphs (h) and (i) vised to read as follows: affirmed, except insofar as such findings are revised to read as follows: § 1046.52 Butterfat differentials to han-, id determinations may be in conflict dlers. with the findings and determinations § 1033.63 Computation of uniform prices. ***** set forth herein. ***** (a) Class I milk. Multiply the Chicago “ (a) The tentative marketing agree­ butter price for the preceding month by ments and the orders, as hereby pro­ (h) Subtract for each month of April posed to be amended, and all of the through July the amount obtained by 0. 120. terms and conditions thereof, will tend multiplying the hundredweight of pro­ ***** to effectuate the declared policy of the ducer milk included in these computa­ 2. In § 1046.71, paragraph (h) is re­ Act; tions by a rate that is equal to 6 percent vised to read as follows: (b) The parity prices of milk as deter­ of the average basic formula price for the § 1046.71 Computation of weighted mined pursuant to section 2 of the Act preceding calendar year but that is not average and uniform prices. are not reasonable in view of the price more than 25 cents; ***** of feeds, available supplies of feeds, and (i) Add for each month of September (h) Subtract for each month of April other economic conditions which affect through December, one-fourth of the through July the amount obtained by market supply and demand for milk in total amount subtracted pursuant to multiplying the hundredweight of pro­ the respective marketing areas, and the paragraph (h) of this section for the ducer milk included in these computa­ minimum prices specified in the proposed preceding months of April through July; tions by a rate that is equal to 10 percent marketing agreements and the orders, ***** of the average basic formula price tor as hereby proposed to be amended, are M ia m i V a l l e y , O h io , O rder the preceding calendar year but that is such prices as will reflect the aforesaid In § 1034.71, paragraphs (h) and (i) not more than 40 cents; factors, insure a sufficient quantity of ***** pure and wholesome milk, and be in the are revised to read as follows: I ndianapolis O rder public interest; and § 1034.71 Computation of uniform (c) The tentative marketing agree­ price* In § 1049.71, paragraph (h) is revised ments and the orders, as hereby proposed ***** to read as follows: to be amended, will regulate the han­ (h) Subtract for each month of April § 1049.71 Com putation of uniform dling of milk in the same manner as, through July the amount obtained by p ric e s . and will be applicable only to persons multiplying the hundredweight of pro­ * * * * in the respective classes of industrial ducer milk included in these computa­ (h) Subtract for each month of Apru a.nH commercial activity specified in, through July the amount obtained oy marketing agreements upon which a tions by a rate that is equal to 6 percent multiplying the hundredweight of PJ hearing has been held. of the average basic formula price for ducer milk included in these compu Recommended marketing agreements the preceding calendar year but that is Sons by a rate that la equal to 8 percent and orders amending the orders. The fol­ not more than 25 cents; of the average basic formula price ^ lowing orders amending the orders as (i) Add for each month of September the preceding calendar year but t amended are recommended as the de­ through December, one-fourth of the not more than 30 cents; * * * tailed and appropriate means by which total amount subtracted pursuant to the foregoing conclusions may be car­ paragraph (h) of this section for the Signed at Washington, D.C., on March ried out. The recommended marketing preceding months of April through July. 12.1968. _ _ TT,_ agreements are not included in this J o h n C. B l u m , ***** Deputy Administrator, decision because the regulatory provi­ .C o l u m b u s , O h io , O rder Regulatory Programs. sions thereof would be the same as those 1. In § 1035.52, paragraph (a) is re­ [PR. Doc. 68-3205; Filed, Mar. 14, 1®® * contained in the orders, as hereby pro­ 8:49 a.m .] posed to be amended; vised to read as follows: FEDERAL REGISTER, VOL. 33, NO. 52— FRIDAY, MARCH 15, 1968 PROPOSED RULE MAKING 4585

[ 7 CFR Part 1073 ] preceding the pricing month. This “cur­ situation where substantial premiums are [Docket No. AO 173-A21] rent” utilization percentage is compared effective and where they persist for con­ with seasonally adjusted “standards” for siderable periods, the supply-demand ad­ MILK IN WICHITA, KANS., which the annual average midpoint is justor is nullified as a price-making MARKETING AREA 135 percent. The applicable standard for factor. each 2-month period is expressed as a When a supply-demand adjustor is Notice of Revised Recommended De­ minimum and maximum percentage, rendered ineffective by the existence of cision and Opportunity To File Writ­ with a 10-point range within which no substantial premiums, the adjustor be­ ten Exceptions on Proposed adjustment occurs. This provision has comes a disruptive factor wherever milir Amendments to Tentative Market­ been suspended for the period July 1967 is sold at the minimum order prices. ing Agreement and to Order through March 1968 on the basis of a re­ Where premiums are effective the supply- quest made at the hearing for such demand adjustor is not only rendered in­ Pursuant to the provisions of the Agri­ suspension during the pendency of consequential but it usually results in cultural Marketing Agreement Act of proceedings. prices below those which it would provide 1937, as amended (7 U.S.C. 601 et seq.), The two cooperative associations rep­ if it were effective. and the applicable rules of practice and resenting most of the producers in the For example, if a 20-cent premium is procedure governing the formulation of area proposed elimination of the ad­ instituted in a market it may attract an marketing agreements and marketing justor, or in the alternative, that a 12- increase in supply relative to sales which orders (7 CFR Part 900), notice is hereby month mover be used to replace the would normally call for a minus 20 cents given of the filing with the Hearing Clerk present seasonally varied 2-month mov­ supply-demand adjustor. But when the of this revised recommended decision ers and that gross Class I sales of regu­ minus 20 cents is applied to the minimum with respect to proposed amendments to lated handlers plus route sales in the order price, such price may be too low to the tentative marketing agreement and Wichita marketing area by other plants maintain an adequate supply. order regulating the handling of milk in replace the present producer milk in Usually, premium prices apply only the Wichita, Kans., marketing area. Class I as a measure of demand. Stand­ within specified areas or regions. Milk Upon the basis of the evidence intro­ ard utilization percentages of 125 to 135 sold outside these areas or regions is sold duced at the hearing and the record were proposed to replace seasonally at order minimums. When the supply- thereof, the Deputy Administrator, Reg­ varied ratios ranging from 116-126 as demand adjustor gives too low a price, ulatory Programs, on July 28, 1967 (32 the lowest to 145—155 as the highest for milk sold at minimum order prices dis­ P.R. 11233; F.R. Doc. 67-8991) filed with any 2-month period of the year. rupts marketing and price conditions in the Hearing Clerk, U.S. Department of The proponents of this proposal made any area where it is disposed of. Agriculture, his recommended decision it plain at the hearing, and in their ex­ It is necessary, therefore, to eliminate containing notice of the opportunity to ceptions to the recommended decision, the supply-demand adjustor in this mar­ file written exceptions thereto. that they preferred elimination of sup­ ket where substantial premiums now pre­ Elimination of the supply-demand ad­ ply-demand adjustment of the Class I vail which could cause it to result in justor provision is now contemplated, price from the order rather than the inappropriate Class I prices if reinstated rather than revision, as proposed in the proposal they had made for change in at this time. recommended decision. Interested per­ the provision. Since it is concluded that Rulings on proposed findings and con­ sons are being afforded further oppor­ the provision should be eliminated from clusions. Briefs and proposed findings tunity to file exceptions. the order, the application of the alterna­ and conclusions were filed on behalf of Interested parties may file written ex­ tive changes proposed need not be dis­ certain interested parties. These briefs, ceptions to this decision with the Hear­ cussed. proposed findings and conclusions and ing Clerk, U.S. Department of Agricul­ At the present time a supply-demand the evidence in the record were consid­ ture, Washington, D.C. 20250, by the adjustor would be ineffective in modify­ ered in making the findings and conclu­ nith day after publication of this de­ ing producer returns and handlers’ costs sions set forth above. To the extent that cision in the F édérai. R e g is t e r . The ex­ in relation to market conditions. Prices the suggested findings and conclusions ceptions should be filed in quadruplicate. currently paid by Wichita handlers for filed by interested parties are inconsistent AU written submissions made pursuant Class I milk exceed order Class I prices with the findings and conclusions set to this notice will be made available for by 50 cents per hundredweight. The 50- forth herein, the request to make such Public inspection at the office of the cent premium over the order price has findings or reach such conclusions are Hearing Clerk during regular business been paid by handlers beginning with denied for the reasons previously stated hours (7 CFR 1.27(b)). October 1967. Official notice is taken of in this decision. Preliminary statement. The hearing on Class I prices published by market ad­ the record of which the proposed amend- Rulings on exceptions. In arriving at ministrators for periods since the hear­ the findings and conclusions, and the ments as hereinafter set forth, to the ing through February 1968 and prices regulatory provisions of this decision, tentative marketing agreement and to published by the USDA monthly in the each of the exceptions received was care­ e order as amended, were formulated, “Fluid Milk and Cream Report” as paid fully and fully considered in conjunction S?*ii2Sduct*d at Wichita, Kans., on June by milk handlers in Wichita, Kans., for with the record evidence pertaining c, 1967, pursuant to notice thereof which the months of August 1967 through Feb­ thereto. To the extent that the findings 'r*SSUed Jime 5, 1967 (32 F.R. 8247). ruary 1968. and conclusions, and the regulatory pro­ vf material issue on the record of In order for a supply-demand adjustor visions of this decision are at variance viH * relates to elimination or re­ to operate in an appropriate or beneficial with any of the exceptions, such excep­ adjustment.6 ClaSS 1 PriCe supply_demand way in this market, it must have a signifi­ tions are hereby overruled for the reasons cant influence on the effective Class I previously stated in this decision. \nFiZdiJZgs and conclnsions. The follow- price level. In a situation where substan­ General findings. The findings and de­ tJLi • ngs and conclusions on the ma- tial premiums have persisted for a con­ terminations hereinafter set forth are are kased on evidence pre- siderable period the premium price is the supplementary and in addition to the thereof-at *** hearing and record one which influences the supply-sales findings and determinations previously balance rather than the supply-demand made in connection with the issuance revision of the supply- adjustor price. of the aforesaid order and of the pre­ a S Z Î a$ u?tment. The supply-demand The purpose of the supply-demand ad­ viously issued amendments thereto; and w K K , to ? e Cla*s I Price of the justor in this market is to achieve—by the rrho^a erder should be eliminated. all of said previous findings and deter­ timely changes it makes in the Class I minations are hereby ratified and af­ Sunnis 'y chita order presently contains a prices—an appropriate supply-sales bal­ firmed, except insofar as such findings thecia«^n^ ld provision which adjusts ance. If the Class I prices which result and determinations may be in conflict the each month according to from the supply-demand adjustor are not with the findings and determinations set the Qiiantu51111? of producer receipts to in fact the effective prices, obviously the forth herein^ Clas^T^^+v. of 5,1011 receipts used in supply-demand adjustor is not influenc­ ss 1 for the second and third months (a) The tentative marketing agree­ ing the supply-sales balance. Hence, in a ment and the order, as hereby proposed

FEDERAL REGISTER, VOL. 33, NO. 52— FRIDAY, MARCH 15, 1968 4586 PROPOSED RULE MAKING to be amended, and all of the terms and of 1937, as amended (7 U.S.C. 601 et seq.), homa Metropolitan, North Texas and conditions thereof, will tend to effectuate and the applicable rules of practice and Texas Panhandle markets proposed in the declared policy of the Act; procedure governing the formulation of the notice of hearing that a single (b) The parity prices of milk as de­ marketing agreements and marketing supply-demand adjustor be used to ad­ termined pursuant to section 2 of the orders (7 CFR Part 900), notice is hereby just Class I prices in response to changes Act are not reasonable in view of the given of the filing with the Hearing Clerk in receipts and utilization under all nine price of feeds, available supplies of feeds, of this recommended decision with of these orders. The adjustor proposed and other economic conditions which af­ respect to proposed amendments to the would use producer receipts and Class I fect market supply and demand for milk tentative marketing agreements and utilizations under all nine orders, with in the marketing area, and the minimum orders regulating the handling of milk in certain specified adjustments, to de­ prices specified in the proposed market­ the Oklahoma Metropolitan, North termine whether price adjustment should ing agreement and the order, as hereby Texas, and Texas Panhandle marketing occur, and the extent of such adjustment. proposed to be amended, are such prices areas. Interested parties may file written It was proposed that the 12-month period as will reflect the aforesaid factors, insure exceptions to this decision with the ending with the second preceding month a sufficient quantity of pure' and whole­ Hearing Clerk, U.S. Department of should be the period for which actual some milk, and be in the public interest; Agriculture, Washington, D.C. 20250, by experience „should be compared with a “norm” of 75 percent of supply being and the 5th day after publication of this decision in the F ederal R e g is t e r . The used in Class I. It was further proposed

FEDERAL REGISTER, VOL. 33, NO. 52— FRIDAY, MARCH 15, 1968 PROPOSED RULE MAKING 4587 There are thus reasons to believe that inconsequential but it usually results in dling of milk in the same manner as, a common supply-demand adjustor for prices below those which it would provide and will be applicable only to persons in these nine markets could improve inter­ if it were effective. the respective ©lasses of industrial and market price alignment. However, since For example, if a 20-cent premium is commercial activity specified in, a mar­ it is concluded that the present separate instituted in a market it may attract an keting agreement upon which a hearing adjustors should be deleted, the applica­ increase in supply relative to sales which has been held. tion of the proposed single adjustor need would normally call for a minus 20 cents Recommended marketing agreements not be discussed. The effect upon inter- supply-demand adjustor. But when the and order amending the orders. The fol­ market price alignment among these minus 20 cents is applied to the mini­ lowing order amending the orders as nine markets will be identical with no mum order price, such price may be too amended regulating the handling of milk adjustor to that which would occur if a low to maintain an adequate supply. in the Oklahoma Metropolitan and North single adjustor were adopted. Usually, premium prices apply only Texas marketing areas is recommended At the present time a supply-demand within specified areas or regions. Milk as the detailed and appropriate means adjustor would be ineffective in modify­ sold outside these areas or regions is sold by which the foregoing conclusions may ing producer returns and handlers’ costs at order minimums. When the supply- be carried out. The recommended mar­ in relation to market conditions in those demand adjustor gives too low a price, keting agreements are not included in markets. Prices currently paid by regu­ milk sold at minimum order prices dis­ this decision because the regulatory pro­ lated handlers in each of these nine mar­ rupts marketing and price conditions in visions thereof would be the same as kets for Class I milk exceed order Class I any area where it is disposed of. those contained in the respective orders, prices by 50 cents per hundredweight. It is necessary, therefore, to eliminate as hereby proposed to be amended: The 50-cent premiums over the order the supply-demand adjustors in these PART 1106— MILK IN OKLAHOMA prices have been paid by handlers be­ markets where the persistence of sub­ METROPOLITAN MARKETING AREA ginning with September 1967. Official stantial premiums over a period of time notice is taken of Class I prices published In § 1106.51, paragraph (a) is revised would cause them to result in inappro­ to read as follows: by market administrators for periods priate Class I prices, if reinstated at this since the hearing through February 1968 time, whether in the present form or in § 1106.51 Class prices. and prices published by the USDA the form of a single adjustor for the nine ***** monthly in the Fluid Milk and Cream markets. (a) Class I price. The Class I price Report as paid by milk handlers in Law- Rulings on proposed findings and con­ shall be the basic formula price for the ton, Oklahoma City, and Tulsa, Okla., clusions. Briefs and proposed findings preceding month plus $1.78, and plus 20 and Abilene, Amarillo, Austin, Corpus and conclusions were filed on behalf of cents through April 1968. Christ!, Dallas, Lubbock, and San certain interested parties. These briefs, ***** Antonio, Tex., for the months of August proposed findings and conclusions and 1967 through February 1968. the evidence in the record were consid­ When first suspended as of January PART 1126— MILK IN NORTH TEXAS ered in making the findings and conclu­ MARKETING AREA 1967, the present separate supply-de­ sions set forth above. To the extent that mand adjustors were zero for the Okla­ the suggested findings and conclusions In § 1126.51, paragraph (a> is revised homa markets and minus 2 cents for the filed by interested parties are incon­ to read as follows: Texas markets. If now in effect for March sistent with the findings and conclusions 1967 the adjustment for the Oklahoma § 1126.51 Class prices. set forth herein; the requests to make ***** markets would have been minus 31 cents such findings or reach such conclusions and that for the Texas markets would are denied for the reasons previously (a) Class I price. The Class I price have been minus 48 cents. (Official no­ stated in this decision. shall be the basic formula price for the tice is taken of reports of receipts and General findings. The findings and preceding month plus $2.12, and plus 20 utilization published by market admin­ determinations hereinafter set forth are cents through April 1968. istrators for the months of June 1967 supplementary and in addition to the ***** through January 1968.) fin d in g s and determinations previously , 111 order for a supply-demand adjustor made in connection with the issuance Signed at Washington, D.C., on March to operate in an appropriate or benefi­ of the aforesaid orders and of the pre­ 12, 1968. cial way in these markets, it must have a viously issued amendments thereto; and J o h n C . B l u m , significant influence on the effective all of said previous findings and deter­ Deputy Administrator, Class I price level. In a situation where * Regulatory Programs. minations are hereby ratified and af­ [F.R. D oc. 68-3204; Filed, Mar. 14, 1968; 1 substantial premiums have persisted for firmed, except insofar as such findings 8:49 aon.] a considerable period the premium price and determinations may be in conflict is the one which influences the supply- with the findings and determinations set sales balance rather than the supply- forth herein. demand adjustor price. (a) The tentative marketing agree­ DEPARTMENT OF HEALTH, EDU­ The purpose of the supply-demand ad- ments and the orders, as hereby proposed k k* these markets is to achieve— to be amended, and all of the terms and CATION, AND WELFARE oy the timely changes it makes in the conditions thereof, will tend to effectuate Class I prices—an appropriate supply- the declared policy of the Act; Food and Drug Administration saies balance. If the Class I prices which (b) The parity prices of milk as deter­ [ 21 CFR Part 28 ] esult from the supply-demand adjustor mined pursuant to section 2 of the Act re not in fact the effective prices, obvi­ are not reasonable in view of the price of CHERRY PIE ously the supply-demand adjustor is not feeds, available supplies of feeds, and Further Extension of Time for Filing onuencing the supply-sales balance. other economic conditions which affect tn a situation where substantial market supply and demand for milk in Comments on Proposed Standards premiums are effective and where they the marketing areas, and the minimum of Identity and Quality J ov considerable periods, the prices specified in the proposed market­ In the matter of establishing a defini­ a

No. 52------5 < FEDERAL REGISTER, VOL. 33, NO. 52— FRIDAY, MARCH 15, 1968 4588 PROPOSED RULE MAKING its date of publication. Notice was given should be granted. Accordingly, the time in the F ederal R e g is t e r of February 16, for filing comments in this matter is 1968 (33 F.R. 3076), that the time for extended to September 30, 1968. filing comments in this matter was ex­ This action is taken pursuant to the tended to March 29,1968. provisions of the Federal Food, Drug, and The National Red Cherry Institute has Cosmetic Act (secs. 401, 701, 52 Stat. requested the Commissioner of Food and 1046, 1055, as amended 70 Stat. 919, 72 Drugs to further extend the time for Stat. 948; 21 U.S.C. 341, 371) and under filing comments and has supplemented the authority delegated to the Commis­ its request with an outline of research sioner by the Secretary of Health, Edu­ work planned to be undertaken by the Department of Food Science of Michigan cation, and Welfare (21 CFR 2.120). State University. Since it appears that Dated; March 7, 1968. this project may provide a better way for J am e s L . G oddard, . determining the amount or weight of Commissioner of Food and Drugs. cherries in a cherry pie, the Commis­ sioner concludes that the requested ex­ [F.R. Doc. 68-3173; Filed, Mar. 14, 1968; tension is in the public interest and 8:46 a.m.]

FEDERAL REGISTER, VOL. 33, NO. 52— FRIDAY, MARCH 15, 1968 4589 N otices

a. Accept agreements to rent space 2. To make lease extension agreements POST OFFICE DEPARTMENT b. Exercise or reject options to renew or supplemental agreements for terms not agreem ents exceeding 5 years and $100,000 annual rental. DIRECTOR, REALTY DIVISION, 2. To make agreements or amend agree­ 3. To make agreements or amend agree­ BUREAU OF FACILITIES ments or invitations to bid for: ments, leases or invitations to bid for: a. Increases in space, building require­ a. Increases in space, building require­ Delegation of Authority Regarding ments, services or improvements, or ments, services or improvements; or Real Property b. Repairs and replacements which, under b. Repairs and replacements which, under the terms of the agreement, are the respon­ the terms of the lease, are the responsibility The following is the text of Order No. sibility of the Post Office Department, of the Post Office Department; 275 signed on January 31, 1968, by the when: The amount of each agreement or when: The amount of each agreement or Assistant Postmaster General, Bureau of amendment does not exceed $3,000. amendment does not exceed $25,000. Facilities, delegating to the Director, 3. To accept agreements for sites for self- Realty Division, thé authority to ac­ service postal units within the preferred 1. Repairs and maintenance. To accept location provided the annual rental does not bids for repairs and maintenance to leased quire, manage, repair, develop, improve, exceed $1. and rented facilities and to authorize deduc­ and dispose of real property. B. Temporary space. To make agreements tion of the cost of same from lessor’s rental I hereby delegate to the Director, Realty fo r space: payments when leased or rented facilities Division, the authority vested In m e to take 1. For holiday or seasonal needs for fixed are improperly maintained, providing the final action in his own name to acquire, periods not in excess of 2 months when the amount of the deduction will not exceed manage, repair, develop, im prove, and d is­ monthly rental does not exceed $25,000. $25,000. pose of real property in clu d in g im provem ent 2. For fixed periods not in excess of 6 J. Federal building improvement projects. thereon, used or to be used fo r postal pur­ months to meet emergency conditions when 1. To approve Federal Building Improvement poses, regardless of the method employed, the monthly rental does not exceed $15,000. Projects for repair, alteration, preservation, Provided, how ever, That the following is C. Land options. 1. T o determ ine w hether renovation, extension, and improvement of excluded from this D elegation o f A uthority advertisements for postal space will be federally owned property used for postal pur­ with respect to actions concerning postal handled with or without benefit of assignable poses provided the cost will not exceed facilities which will exceed 50,000 square site option procedures. $750,000. feet net interior: ( 1) selection and acqui­ 2. To take, approve, and use assignable 2. To make changes to authorizations sition of real property; (2) award of Archi­ site options for advertising purposes as sites made by higher authorities for the repair, tect-Engineer contracts; and (3>. award of for postal buildings provided the option price alteration, preservation, renovation, exten­ contracts involving the construction and/ does not exceed: sion, and improvement of federally owned or lease o f postal facilities. T he déterm in a- &. $ 100,000 . property used for postal purposes provided twm by the Director, Realty Division, that b. 35 percent of the total estimated cost the cost will not exceed 10 percent of the the postal facility will not exceed 50,000 of land and improvements. initial obligation or $50,000, whichever is square feet net interior shall be conclusive. 3. To take, approve, and use assignable the lesser. The Director, Realty Division, is authorized ground leases for advertising purposes as K. Miscellaneous expenditures. To commit to redelegate all or such part of this au­ sites for postal buildings provided the annuli the Post Office Department for the payment thority as in his Judgment may be in the rates does n o t exceed $6,000. of fees for services not specifically enumer­ oest interest of the postal service. 4. To assign approved site options to suc­ ated herein but necessary in the per­ ■All prior Assistant Postmaster General cessful bidder regardless of amount of pur­ formance of the authority herein delegated orders delegating authority with respect to chase price. where the cost of such services does not real property actions to th e D irector, R ealty D. Site investigation and preparation con­ exceed $5,000. invision; to the Assistant Director for Realty tracts. 1. To accept contracts for appraisals, L. Cancellation or termination. To cancel Maniement, Realty Division, to all Chiefs surveys, title evidence, topographical and site or terminate leases or other agreements or Asstetant Chiefs, Real Estate Branches, survey maps and subsoil investigations pro­ commitments where he is authorized to enter r™ ™ Real Estate Officers, and to Direc­ vided the amount of the contract does not into in the'first instance. t s . Engineering and Facilities Divisions, are exceed $10,000. M. Authority To Act as Director. In the nereby cancelled. 2. To accept contracts for the protection absence of the Director, Realty Division, to (5 U.S.C. 301, 39 U.S.C. 501) and demolition of improvements and reloca­ act as Director, Realty Division, and exercise tion of utilities of Government-owned sites all authority normally delegated to that T im o t h y J . M a y , to be used for postal purposes provided the official. amount of the contract does not exceed ***** General Counsel. $2 0 ,0 0 0 . Order No. 2 March 11, 1968. E. -Architectural and engineering con­ [FR. Doc' 68-3160; Filed, M ar. 14, 1968; tra cts. For site architectural and engineering February 1,1968. 8:45 a m .] contracts to : ***** 1. Approve progress or partial paym ents. A. To execute leases for postal facilities. 2. To make changes to such contracts, pro­ B. To approve extensions or contract com­ d ir e c t o r , r e a l t y d iv is io n , vided to total amount of changes to any single contract shall not exceed 25 percent pletion dates provided the size of the facility b u r e a u o f f a c il it ie s of the original contract or $100,000 which­ does n o t exceed 50,000 sq. ft. ever is the lesser regardless of whether the C. To accept assignments of executory Exercise of Authority payment is to be made by the Post Office contracts. Department or by the lessor. Orders are excerpts fror ***** F. Outleases. To accept outleases of Gov­ Order No. 3 by the nirkJ+ 2’ 4’ 5’ 6> and 7> signer ernment-owned property where the monthly of FaciHH0 t°r’ Realty ^vision, Bureai rental does not exceed $1,500. February 1,1968. gated tohf^^Ur^ ant t0 authority dele G. Bid advertising. 1. T o com m it th e G ov­ ***** General n f1 by Assistant Postmaste ernment and to authorize payment for ad­ A. To issue obligating documents to the ^ « ^ B u r e a u of Facilities in his Orde vertising for postal space when the cost of General Services Administration for the • 2 <5 signed on January 31, 1968: advertising does not exceed $1,000. initiation of approved Federal Building Im­ Order No. l H. Leases. 1. W hen the basic leaise term provement projects. covered by the lease or agreement is for February 1, 1968. B. To accept contracts for appraisals, sur­ * * „ 20 years or less and does not exceed $100,000 veys, title evidence, subsoil investigations annual rental t o : provided the amount of the contract does te ^ i R™ v ? r J 9l eemZ n ts- When the basi a. Accept agreements to lease space. not exceed $5,000. for 60 m onth« ^7 7*® rmtal agreement i b. Execute lease documents. C. To accept outleases of Government- c. Exercise or reject options to renew iS.OOOannuaSentaiS:^ ***** n0t excee< owned property provided the monthly rental leases. does not exceed $1,000.

FEDERAL REGISTER, VOL. 33, NO. 52— FRIDAY, MARCH 15, 1968 4590 NOTICES 2. To make lease extension or supplemental D. To accept contracts for the protection G. Repairs and maintenance. To accept bids for repairs and maintenance to leased agreements for terms not exceeding 5 years and demolition of improvements and reloca­ and $15,000 annual rental. tion of utilities on Government-owned sites and rented facilities and to authorize deduc­ tion of the cost of same from lessor’s rental 3. T o m ake agreem ents or amend agree­ to be used for postal improvements provided ments, leases, or invatations to bid for: the amount of the contract does not exceed payments when leased or rented facilities are improperly maintained providing the a. Increases in space, building require­ $ 10,000. amount of the deduction will not exceed ments, services, or improvements; or $7,500. b. Repairs and replacem ents which, under Order No . 4 H. Miscellaneous expenditures. T o pur­ the terms of the lease, are the responsibility of the Post Office Department; F ebruary 5,1968. chase personal property or services or pay fees necessary in the performance of the when: The amount of each agreement or ***** authority herein delegated including but not am endm ent does n o t exceed $3,750. A. Rental agreements. 1. W hen th e basic limited to committing the Government for term covered by the rental agreement is for title commitments, land surveys, test borings, F. Repairs and maintenance. To accept 60 months or less and does not exceed real estate appraisals and to the purchase of bids for repairs and maintenance to leased and rented facilities and to authorize deduc­ $3,000 annual rental to: maps and/or photographs where the cost of a. Accept agreements to rent space. such property, services or fee does not ex­ tion o f th e cost o f same from lessor’s rental payments when leased or rented facilities b. Exercise or reject option to renew ceed $5,000 and to authorize payment of are improperly maintained providing the agreements. same, except that not more nor less than 2. To make agreements or amend agree­ $1 shall be paid as consideration for an am oun t o f the dedu ction w ill not exceed ments or invitations to bid for: option to purchase land. $3,750. a. Increases in space, building require­ I. Cancellation or termination. To cancel G. Miscellaneous expenditures. T o purchase" ments, services or improvements; or or terminate leases or other agreements or personal property or services or pay fees b. Repairs and replacements which, under commitments which he is authorized to enter necessary in the performance of the author­ the terms of the agreement, are the respon­ into in the first instance. ity herein delegated including but not sibility of the Post Office Department; * * * * * limited to committing the Government for title commitments, land surveys, test bor­ when: The amount of each agreement or Order No. 5 ings, real estate appraisals and to the amendment does not exceed $3,000. F e b r u a r y 1, 1968. purchase of maps and/or photographs where 3. To except agreements for sites for self- the cost of such property, service or fee does service postal units within the perferred ***** not exceed $500, and to authorize payment location provided the annual rental does A. Rental agreements. 1. W hen the basic of same, except that no more nor less than not exceed $1. term covered by the rental agreement is for $1 shall be paid as consideration for an B. Temporary space. To make agreements 60 months or less and does not exceed $3,000 option to purchase land. for space : annual rental to: H. Cancellation or termination. To cancel 1. For holiday or seasonal needs for fixed a. Accept agreements to rent space. or terminate leases or other agreements or periods not in excess of 2 months when b. Exercise or reject option to renew agree­ com m itm ents w h ich he is authorized to enter the monthly rental does not excess $10,000. m ents. into in the first instance. 2. For fixed periods not in excess of 6 2. To make agreements or amend agree­ I. Authority to act as chief. In the absence months to meet emergency conditions when ments or invitations to bid for: of the Chief, Real Estate Branch, to act as the monthly rental does not exceed $5,000. a. Increases in space, building require­ Chief, Real Estate Branch, and exercise all C. Land options. In those cases when the ments, services or improvements. auth ority norm ally delegated to that official. consideration paid for the option does not b. Repairs and replacements which, under exceed $1. the terms of the agreement, are the responsi­ ***** 1. To determine whether advertisements bility of the Post Office Department. Order No. 6 for postal space will be handled with or F e b r u a r y 1, 1968. without benefit of assignable site option when: The amount of each agreement or amendment does not exceed $1,500. procedures. ***** 3. To accept agreements for sites for self- 2. To take, approve, assign, and use assign­ A. Miscellaneous expenditures. To pur­ service postal units within the preferred lo­ able site options for advertising purposes as chase personal property or services or pay sites for postal buildings provided the option cation provided the annual rental does not fees necessary in the performance of the price does not exceed : exceed $1. authority herein delegated including but not B. Temporary space. To make agreements a. $50,000; and limited to committing the Government for b. 30 percent of the total estimated cost fo r sp ace: title com m itm ents, lan d surveys, real estate 1. For holiday or seasonal needs for fixed of land and improvements. appraisals and to the purchase of maps and/ 3. To assign approved site options to suc­ periods not in excess of 2 months when the or photographs where the cost of such prop­ cessful bidder when the acceptance of the monthly rental does not exceed $10,000. erty, service or fee does not exceed $100, an agreement to lease falls within his dele­ 2. For fixed periods not in excess of 6 to authorize payment of same, except tha months to meet emergency conditions when gated authority. not more than nor less than $1 shall be pal D. O utleases. To accept outleases of Gov­ the monthly rental does not exceed $5,000. as consideration for an option to purchase ernment-owned property when the monthly C. Land options. In those cases when the consideration paid for the option does not land. rental does not exceed $500. B. Cancellation or termination. T o cancel E. Bid advertising. To commit the Govern­ exceed $1. 1. To determine whether advertisements or terminate agreements or c o m m it m e n ment and to authorize payment for adver­ which he is authorized to enter into the tising for postal space when the cost of for postal space will be handled with or with­ instance. advertising does not exceed $250. out benefit of assignable site option pro­ F. Leases. 1. When the basic lease term cedures. ***** covered by the lease or agreement is for 20 2. To take, approve, assign, and use assign­ Order No. 7 years or less and does not exceed $30,000 able site options for advertising purposes as F ebruary 1, 1968. annual rental to: sites for postal buildings provided the option a. Accept agreements to lease space. price does not exceed: * * * b. Execute lease documents. a. $25,000; and o approve requests to th e General S e ces c. Exercise or reject options to renew b. 25 percent of the total estimated cost of oinistration Regional Offices for leases. land and improvements; rations and improvements of postalsp 2. To make lease extension agreements 3. To assign approved site option to suc­ federal B uildings provided the estima- or supplemental agreements for terms not cessful bidder when the acceptance of the } for a single project will not exceeding 5 years and $30,000 annual rental. agreement to lease falls within his delegated ,000, plus 10 percent override « » “ 3. To make agreements or amend agree­ authority. tn of $27,500; and provided ^ ^ « d s ments, leases or invitations to bid for: D. Bid advertising. To commit the Govern­ jects may not be split to circumv , tg a. Increases in space, building require­ ment and to authorize payment for advertis­ jgation and no combination of Pr 1 ments, services or improvements; or ing for postal space when the cost of advertis­ y exceed regional fund allotments. ing does not exceed $ . b. Repairs and replacements which, under 100 * * * * the terms of the lease, are the responsibility E. Leases. 1. When the basic lease term U.S.C. 301, 5 U.S.C. 501) of the Post Office Department; covered by the lease or agreement is for 10 years or less and does not exceed $15,000 when: The amount of each agreement or annual rental to: amendment does not exceed $7,500. a. Accept agreements to lease space. 4. To negotiate and execute agreements M arch 11, 1968. b. Execute lease documents. with lessors to substitute POD Form 1419, 14, c. Exercise or reject options to renew [F.R. Doc. 68-3161; Filed, Mar. Tax Clause Rider, February 1965, for existing 8:45 a.m.] Tax Escalation Clause Riders. leases.

FEDERAL REGISTER, VOL. 33, NO. 52— FRIDAY, MARCH 15, 1968 NOTICES 4591

priate Departments the following list of Flag of Registry and Name of Ship DEPARTMENT OF THE INTERIOR vessels which have arrived in Cuba since • Gross January 1, 1963, based on information Cypriot— Continued tonnage National Park Service received through March 6, 1968, ex- * ‘ Aegis Hope (trips to Cuba under [Order 49] clusive of those vessels that called at ex-name Huntsmore—British)__ 5, 678 Cuba on U.S. Government-approved A genor ------7, 139 DEPUTY ASSOCIATE DIRECTOR AND * *Aiolos II— (trips to Cuba— ASSISTANT noncommercial voyages and those listed L e b a n e s e )_____ .______7, 256 in section 2. Pursuant to established U.S. Akamas (previous trips to Cuba— Delegation of Authority Regarding Government policy, the listed vessels are L e b a n e s e )______7, 285 “ Alice (previous trips to Cuba— Representation on Zoning Commis­ ineligible to carry U.S. Government-fi­ G reek) ------7,189 sion of District of Columbia nanced cargoes from the United States. Amfithea (previous trip to Cuba under ex-name Antonia— S ection 1. The authority delegated by Flag of Registry and Name of Ship G r e e k )______5, 171 the Secretary of the Interior to the Direc­ Gross A m o n ______7, 227 tor, National Park Service to serve as a tonn age A ngeliki ------_------8, 482 member of the Zoning Commission of the Total, all flags (204 ships) _ 1, 482, 302 A nka ------7,314 District of Columbia is hereby redele­ Antonia II (previous trip to Cuba gated to the Deputy Associate Director, British (54 ships)______427, 166 under ex-name Stylianos N. National Park Service and, in the event Vlassopuios— Greek) ______7, 281 of his inability to serve, to the Assistant A ntarctica ______.______8, 785 A pollon ian ______7, 229 Arctic Ocean______8, 791 Areti (previous trips to Cuba— to the Deputy Associate Director, Na­ L e b a n e s e )______7, 176 tional Park Service. Ardrossmore______5, 820 A r d r o w a n ______1______7, 300 A r te m id a ______7, 247 Sec. 2. Delegation Order No. 44 of Au­ Athelcrown (tanker)______11,149 ‘ Captain Papalios (tanker) ______11,676 gust 7, 1967 (32 F.R. 12014) is hereby Athelmere (tanker)______7, 524 Claire (previous trips to Cuba— revoked. Athelmonarch .(tanker)______11,182 L e b a n e s e )______^ ____ 5,411 Dorine Papilios (previous trips to (Act o f Mar. 1, 1920, 41 Stat. 500; sec. 2, R e­ A v is fa it h ______7, 868 Baxtergate ______8, 813 Cuba under ex-name Formen- organization Plan No. 3 o f 1950, 245 DM .1, tor—British) ______8, 424 27 F.R. 6395) Changpaishan ______8, 929 Cheung Chau______8, 566 E. D. P a p a lio s______9, 431 Dated: February 12,1968. Chiang Kiang______10, 481 El T oro ______------5, 949 East Sea______9, 679 Free Enterprise (previous trips to G eorge B . H art zo g , J r., Eastfortune ______8, 789 Cuba—British) ______jf 6, 805 Director. Eastglory ______8,995 Free Navigator (previous trips to Fortune Enterprise______7, 696 Cuba under ex-name Newdene— [P.R. Doc. 68-3158; Piled, Mar, 14, 1968; B ritish) ------7, 165 8:45 a.m.] G la is d a le ______6, 854 Hemisphere ______8, 718 Free Trader (previous trips to Cuba—Lebanese) ______7, 061 [Order 50] Ho F un g______7,121 Huntsfleld ______9, 483 Katerina (previous trips to Cuba— Lebanese) ______9, 357 DEPUTY ASSOCIATE DIRECTOR H untsland ______9, 353 Marika (trips to Cuba—Leba­ ET AL. Huntsville .______'______9, 486 I n c h s t u a r t ______7, 043 nese) ------7,290 Delegation of Authority Regarding “ Jeb Lee (trip to Cuba under ex­ Newf orest (previous trips to name Garthdale—British) _____ 7, 542 Cuba—British) ______7, 189 Representation on National Capital Jollity ------8, 819 Newgate (previous trips to Cuba— Planning Commission “ Kali Elpis (trips to Cuba under B ritish) ------6, 743 ex-name Ardmore—British)____ 4,664 Newmoor (previous trips to Cuba S ection 1. The authority vested in the * * Kelso (trips to Cuba under ex­ — B ritish) ------____------7,168 Director, National Park Service to serve name Ardgem—British)______6,981 Olga (trips to Cuba—Lebanese as an ex officio member of the National K inross ______5, 388 and G reek )______7, 265 Capital Planning Commission is hereby La Hortensia______9, 486 Protoklitos ______6 154 redelegated to the following officials of M a g is t e r ______,______2, 239 Sunrise'(previous trips to Cuba the National Park Service. N ancy Dee______6, 597 under ex-nam e Anatoli— Greek) 7, 216 “ Tina (trips to Cuba—Greek)___ 7,362 1st Alternate—Deputy Associate Di­ Nebula ______; 8, 907 rector. Newglade ______7,368 Vassiliki (previous trips to Cuba— N e w h e a th ______7, 643 Lebanese) ______7,192 2d Alternate—Assistant Deputy As­ Newlane ______7, 043 Zela M. (previous trips to Cuba— sociate Director. Newm oat ______:______7, 151 B ritish) ------7, 237 3d Alternate—Chief, Division of De­ O ceantram p ______6, 185 velopment Planning and Project Control. Oceantravel ______10,419 Lebanese (23 ships)______-____ 162,767 Sec. 2. Delegation Order No. 45 of P eony ______9,037 August 7, 1967 (32 F.R. 12015) is hereby Red Sea (previous trip to Cuba Alaska ------6. 989 revoked. under ex-name Grosvenor Mar­ A n t o n i s ------6, 259 iner—British) ______7,026 A s t i r ------5,324 (Act of July 19, 1952; 66 Stat. 781) *‘ Rosetta, Maud— (trips to Cuba A t t i c o s ______7 257 under ex-name Ardtara—Brit­ G ia n n is ------5’ 270 Dated: February 12, 1968. ish) ------5, 795 Giorgos Tsakiroglou______7, 240 R u th y A n n ______7, 361 G r a n ik o s ______7] 282 G eorge B . H artzo g , J r., I l e n a ------5. 925 Director. Santa Granda______7, 229 Sea A m ber__ ...------10,421 Ioannis Aspiotis______. 7, 297 [PJt. Doc. 68-3159; Piled, Mar. 14, 1968; Sea C oral______10, 421 M a n t r ic ------7,255 8:45 a.m .] Sea Empress______9,841 Marichristina ______7,124 ______, 330 Seasage 4 M o u s s e ------9, 307 S h ie n fo o n ______7, 127 Southgate— (previous trips to N ictric ------7, 296 d epartm en t o f co m m er c e Cuba under ex-name Arlington N oelle ______7, 251 Court—British) ______9, 662 Panagos ______7,134 Maritime Administration V enice ______8, 611 R io ------.------7,194 Vercharmian ______7, 265 San Spyridon______'¡t 260 [Report 87] V e r g m o n t ______7,381 Stevo ------7, 066 UST OF FREE WORLD AND POLIS Y u n g fu ta ry ______5, 388 Yunglutaton ______5,414 T e r t r i c ------7,045 5 * G VESSELS ARRIVING IN CUB T o n y ------7,176 SINCE JANUARY 1, 1963 Cypriot (33 ships)______240, 942 T o u l a ------6,426 Vergolivada ______;______6, 339 S ection 1, The Maritime Administn A cm e ______7,173 Y a n x ila s ------10,051 °h is making available to the appr< See footn otes at end o f table.

FEDERAL REGISTER, VOL. 33, NO. 52— FRIDAY, MARCH 15, 1968 4592 NOTICES

Plag op Registry and Name of Ship Flag op Registry and Name op Ship Sec. 2. In accordance with approved procedures, the vessels listed below which G ross Gross ton n age ton n age called at Cuba after January 1, 1963, Panamanian (9 ships)------59,429 have reacquired eligibility to carry U.S. Greek (14 ships)------99,357 Government-financed cargoes from the Agios Therapon------7, 205 ♦♦Ampuria (trips to Cuba under United States by virtue of the persons ** Aliar tos (trip to Cuba under ex-nam e R oula Maria— G reek) _ 10, 608 who control the vessels having given sat­ ex-name Loradore—British)------8, 078 * *Avranchoise (trip« to Cuba isfactory certification and assurance: Andromachi (previous trips to under ex-name Avranches— (a) That such vessels will not, thence­ French) ______-7,199 Cuba under ex-name Penel­ forth, be employed in the Cuba trade so ope— G reek) ------6, 712 *‘ Cathay Trader (trips to Cuba under ex-name Suva Breeze— long as it remains the policy of the U.S. ♦♦Anna Maria (trips to Cuba un­ Government to discourage such trade; der ex-name Helka—British) — 2, 111 B ritish) ------4,996 ♦♦Chung Thai (trip to Cuba under B a r b a r in o ______?— ------7,084 and ex-name Somalia—Italian)------3, 352 Calliopi Michalos------7, 249 (b) That no other vessel under their E ft y h ia ______.------9,844 ♦♦Thalie (trip to Cuba under ex­ control will thenceforth be employed in name Maroudio—Greek)------7, 369 Irena ------7, 232 the Cuba trade, except as provided in ♦♦Tung Yih (trip to Cuba under * *Lambros M. Fatsis (trip to Cuba ex-name Aristefs—Lebanese) — 6, 995 paragraph (c) ; and under ex-name—Western Trader ♦♦Tynlee (trip to Cuba under ex­ (c) That vessels under their control — G reek) ______9. 268 name Ardenode—British)------,7,036 which are covered by contractual obliga­ M ery ______7, 258 ♦♦White Daisey (trips to Cuba un­ tions, including charters, entered into Nicolaos P. (previous trip to Cuba der ex-nam e Anacreon— G reek) _ 6,935 under ex-name Nicolaos Fran- prior to December 16, 1963, requiring ♦ *Yu Lee (trips to Cuba under ex­ gistas—G reek) ______7,199 their employment in the Cuba trade shall name Dairen—British) ------4, 939 N ikolis M ______7,176 be withdrawn from such trade at the R edestos ------8« 911 French (7 ships)------33,975 earliest opportunity-consistent with such S o p h i a ______7*030 contractual obligations. * ‘ Atlanta (trip to Cuba under ex­ Polish. (20 ships) Flag op Registry and Name of Ship ------143, 525 name Enee—French)------1,232 C i r c e ______2, 874 a. Since last report: B altyk ------6, 984 Foulaya ______3, 739 • : .. Gross B ia ly s to k ______— 7, 173 M ungo ______4, 820 " tonnage B ytom ______8,967 N e le e ______2, 874 British (3 ships)------23,739 Chopin------9, 231 P e n ja ______,------3,777 C horzow ______.------7, 237 Senanque (tanker)------14,659 G le n m o o r ------7,792 E n e r g e ty k ______10» 876 Hazelm oor ______7,792 G rodziec ______- 3> 319 Y ugoslav (8 s h ip s )------58, 063 Linkm oor ______8,155 Huta Florian______— 7, 258 Huta Labedy------7,221 b. Previous reports: B a r ______— ------8, 776 Number Huta Ostrowiec------7,179 C e t in je ______7, 220 o f ships H uta Zgoda------6» 840 K olasin ______7, 217 .... 108 H u t n ik ------10, 847 M o j ko va c ______—------7,142 Flag of Registry (total) Kopalnia Bobrek------7,221 Piva ------7, 519 Kopalnia Czladz------— ------7, 252 B r it is h ------41 Plod ______3,657 3 Kopalnia Miechowice------7,-223 Subicevac ------9, 033 Cypriot ______Kopalnia Siemianowice------— 7,165 D a n is h ______1 T a r a ______:______-T------7, 499 2 Kopalnia Wujek ------7,033 F innish ______1 P i a s t ______3» 184 M altese (4 sh ip s)------27,097 F r e n c h ______R ejow iec :------3,401. German (West) 1 29 T ra n s p o r to w ie c ______10,854 Amalia (previous trips to Cuba— G r e e k ______Israeli ______1 B ritish) ------,------7, 304 5 Italian (12 ships)------107,428 I s p a h a n ______7,169 I t a l i a n ______1 Socdyve (previous trips to Cuba— Japanese ______A c h i l l e ______6,950 K u w a iti______1 B ritish) ______7, 291 9 A gostino B ertani------8, 380 Timios Stavros (previous trips to L e b a n e se ______Atria (tanker)------. 12,845 N orwegian ____ 5 Cuba—British and Greek)------5, 333 6 Caprera ______7,189 Spanish ______1 Elia (tanker)------11,021 Moroccan (4 ships) ------32, 746 S w e d is h ____ — Geremia (previous trips to Cuba Y u g o s la v ______1 under èx-name Mariasusanna— A t l a s ______10,392 Italian ) ______2, 479 Sec. 3. The following number of vessels M a rra k e ch ______3, 214 have been removed from this list, since Giuseppe Giulietti (tanker)------17,519 M auritanie ------10,392 * »Graziella Zeta (trips to Cuba T o u b k a l______8, 748 they have been broken up, sunk, etc. under ex-name Montiron— Broken up, sunk I t a l i a n ------1,895 Netherlands (2 ships)------1,615 Flag of registry wrecked N ino B ixio______8, 427 B r it is h ______Jq San Francesco------»------9,284 M e ik e ------500 C y p r io t______— * San Nicola (tanker)------12. 461 T em p o ______1,115 F ren ch ------— ------Santa Lucia______9, 278 G r e e k ______3 Pakistani (2 s h ip s )------15, 762 I t a l i a n ______„2 L e b a n e s e ------« Finnish (9 ships) ------57,178 ♦♦Haringhata (trip to Cuba under M altese ______^ ex-name Ardpatrick—British)— 7,054 M o n a c o _____ ------j ♦♦Aleksi (trip to Cuba under ex­ * »Maulabaksh (trip to Cuba under M o ro c c a n ______j ex-name Phoenician Dawn and name Amfred—Swedish)------2, 828 N orwegian — .— ------% East Breeze—British) ------8, 708 South African ------^ A t l a s ------3» 916 S w e d is h ______*------^ A ugusta P aulin------7, 096 Guinean (1 ship)------,------852 Y ugoslav ______— I s o m e r i------3,576 Jytte Paulin______7, 010 * *Drame Oumar (trip to Cuba un­ -Total ______der ex-name Neve—French)------852 Margrethe Paulin------7, 251 S e c . 4. The ships listed in sections 1 Ragni Paulin______6, 823 Somali (2 ships)------14,400 and 2- have made the following num°er Sword (ta n k e r)------11,631 of trips to Cuba since January 1. ♦Verna Paulin------— 7, 047 A r a g o n ------7,201 based on information received through Erato (previous trips to Cuba un­ See footnotes at end of table. der ex-name Eretria—Greek) —_ 7,199 March 6,1968.

FEDERAL REGISTER, VOL. 33, NO. 52— FRIDAY, MARCH 15, 1968 NOTICES 4593

carmine. Exemption from certification is Number of ships requested.

Flag of registry 1967 1968 Dated: March 6,1968. 1963 1964 1965 1966 Total J. K . K ir k , J a n .- Oct. Nov. Dec. Jan. Feb. Associate Commissioner Sept. for Compliance. [F.R. Doc. 68-3176; Filed, Mar. 14. 1968; B ritish ______133 180 126 101 55 12 4 7 2 2 622 Lebanese______64 91 58 25 14 1 1 256 8:47 a.m .] G reek ______99 27 23 27 24 1 3 206 Ita lia n ...... 16 20 24 11 9 1 1 83 1 17 27 31 94 SHELL CHEMICAL CO. Y u g o s la v ______12 11 15 10 10 4 62 F ren ch _ _ . 8 9 9 10 6 1 2 1 46 Notice of Filing of Petition Regarding F in n ish _ - 1 4 5 11 11 1 1 35 S p a n ish ______8 17 25 Pesticide Chemicals N o r w e g ia n ______14 10 24 M oroccan..•— 9 13 1 23 Pursuant to the provisions of the M a ltese______2 6 1 4 1 14 Netherlands. 4 2 6 Federal Food, Drug, and Cosmetic Act Swedish-- BBf| 3 3 6 (sec. 408(d) (1),'68 Stat. 512; 21 U.S.C. K u w a it i______2 Ï 3 346a(d) (1)), notice is given that a peti­ Israeli . . 2 2 D a n ish . . 1 1 tion (PP 8F0706) has been filed by the G erm a n (West)____ 1 1 Shell Chemical Co., a Division of Shell H a itia n ______1 1 Japanese 1 1 Oil Co., 1700 K Street NW., Washington, M o n a c o ______;____ 1 1 D.C. 20006, proposing the establishment Somali- ... 1 1 2 of tolerances for residues from post­ Polish^ _ 370 394 290 224 165 22 13 18 8 10 1,614 harvest application of the insecticide 18 16 12 10 8 1 2 67 2,2-dichlorovinyl dimethyl phosphate in G r a n d total.. 388 410 302 234 173 22 14 20 8 10 1,581 or on the raw agricultural commodities peanuts at 2 parts per million and beans N ote: Trip totals in this section exceed ship totals in secs. 1 and 2 because some of the ships made more than 1 (dry), cocoa beans, and rice at 0.25 part mp to Ouba. Monthly totals subject to revision as additional data become available. per million.

•Added to Rept. No. 86, appealing in the F e d e r a l R e g i s t e r issue of Feb. 2,1968. The analytical methods proposed in * * Ships appearing on the list which have made no trips to Cuba under the present registry. the petition for determining residues of the insecticide are: (1) A cholinesterase By order of the Acting Maritime Administrator. inhibition spectrophotometric method Dated: March 8,1968. with measurement of the absorbance of J a m e s S. D a w s o n , Jr., the unhydrolyzed acetylcholine chloride Secretary. remaining by means of the color formed [F.R. Doc. 68-3168; Filed, Mar. 14,1968; 8:45 a.m.] with alkaline hydroxylamine and ferric chloride; and (2) a gas-liquid chromato­ graphic technique using an electron 409(b)(5), 72 Stat. 1786; 21 U.S.C. capture detector. DEPARTMENT OF HEALTH, EDUCA­ 348(b) (5)), notice is given that a petition Dated: March6,1968. (FAP 7B2062) has been filed by The Ken­ TION, AND WELFARE dall Co., Chicago Division, 309 West J. K . K i r k , Jackson Boulevard, Chicago, 111. 60606, Associate Commissioner Food and . Drug Administration proposing that § 121.2522 Polyurethane for Compliance. W. R. GRACE & CO. resins be amended to provide for the safe [F.R. Doc. 68-3177; Filed, Mar. 14, 1968; use of polyurethane resins as a com­ 8:47 a.m.] Notice of Filing of Petition for Food ponent of single use, disposable nursing- Additives bottle nipples that contact liquid food. Pursuant to the provisions of the Fed- Dated: March 6,1968. DEPARTMENT OF HOUSING AND Drug, and Cosmetic Act (sec. J . K . K ir k , 72 Stat. 1786; 21 U.S.C. Associate Commissioner URBAN DEVELOPMENT * * 'notice is given that a petition for Compliance. (FAP 8B2263) has been filed by W. R. ASSISTANT SECRETARY FOR Grace & Co., Dewey and Almy Chemical [F.R. Doc. 68-3175; Filed, Mar. 14, 1968; ADMINISTRATION "yision, 62 Whittemore Avenue, Cam­ 8:46 a.m .] bridge, Mass. 02140, proposing an amend- Delegation of Authority Regarding ment to § 121.2550 Closures with sealing MEER CORP. Procurement Regulations and Re­ gaskets for food containers to provide for lated Rules Notice of Filing of Petition Regarding rne safe use of zinc diethyl dithiocar- The Assistant Secretary for Admin­ amate as an optional component of Color Additive Cochineal Extract aling gaskets for food containers. istration is authorized to exercise the Pursuant to the provisions of the power and authority of the Secretary Dated; March 6,1968. Federal Food, Drug, and Cosmetic Act of Housing and Urban Development with respect to the procurement of personal J . K . K i r k , (sec. 706(d), 74 Stat. 402;.21 U.S.C. 376 (d )), notice is given that a petition property and nonpersonal services (in­ Associate Commissioner cluding construction) as follows: for Compliance. (CAP 60) has been filed by Meer Corp. 1. Issue the Department of Housing [p -R. Doc. 68-3174; Filed, Mar. 14, 1968; c/o Mr. Daniel Thompson, Attorney, and Urban Development Procurement 8:46 a.m.J Carr, Bonner, O'Connell, Kaplan & Scott, Regulations (HUDPR, 41 CFR Chapter 1001 Connecticut Avenue NW., Washing­ 24) and related rules. KENDALL CO. ton, D.C. 20036, proposing that § 8.317 2. Authorize deviations from the Fed­ Carmine and § 8.6009 Carmine be eral Procurement Regulations in indi­ Notice of Filing of Petition for Food vidual cases and classes of cases. revised to provide for the use of a con­ Additives 3. Authorize deviations from HUDPR centrated alcoholic or aqueous extract of in individual cases and classes of oases. Pursuant to the provisions of the Fed­ cochineal for the same purposes that eral Food, Drug, and Cosmetic Act (sec. 4. Redelegate to a chief officer respon­ those sections presently prescribe for sible for procurement the authority to

FEDERAL REGISTER, VOL. 33, NO. 52— FRIDAY, MARCH 15, 1968 4594 NOTICES deviate from HUDPR in individual cases Under the provisions of § 222.3(c) of 39 of the United States Code when air­ and classes of cases. Part 222, interested persons may file an lifted on a space available basis in ac­ answer in opposition to or in support of cordance with paragraph (2) below.” (Sec. 205(c), Federal Property and Admin­ 2. The first three lines of paragraph 2 istrative Services Act of 1949, as amended, this application within fifteen (15) days 40 U.S.C. 486(c); FPR 1-1.008; sec. 7(d), after publication of this notice in the shall be stricken and the following lan­ Dept, of HUD Act, 42 US.C. 3535(d) ) F e d e r a l R e g i s t e r . An executed original guage substituted in place thereof: and nineteen copies of such answer shall “2. SAM mail services for which rates Effective date. This delegation of be addressed to the Docket Section, Civil of compensation are established herein authority is effective as of March 15, Aeronautics Board, Washington, D.C. shall be subject to the following terms 1968. 20428. It shall set forth in detail the and conditions: ” R o b e r t C. W e a v e r , reasons for the position taken and in­ 3. Subparagraph (A) under paragraph Secretary of Housing and 2 shall be amended to read as follows: Urban Development. clude such economic data and facts as are relied upon, and shall be served upon “ (A) The air transportation to be [FR. Doc. 68-3201; Filed, Mar. 14, 1968; the applicant and state the date of such compensated at such rate shall be limited 8:49 a.m.] service. to that involving the transportation of SAM mail between points where section [ s e a l ] H a r o ld R . S a n d e r s o n , 4303(d)(5) of Title 39, United States Secretary. Code, authorizes space available airlift of CIVIL AERONAUTICS BOARD [F.R. Doc. 68-3192; Filed, Mar. 14, 1968; certain mail matter at rates fixed by the ALLSTATES AIR CARGO, INC. 8:48 a.m.] Civil Aeronautics Board under section 406 of the Federal Aviation Act, except that Notice of Application for Tariff-Filing [Docket No. 17909; Order No. E-26499] the r.ates established herein shall not Authority Pickup and Delivery Zone apply to the transportation of SAM mail SPACE AVAILABLE AIRLIFT OF between points within the State of M a r c h 11,1968. MILITARY MAIL Alaska.” In accordance with Part 222 (14 CFR 4. In subparagraph B under paragraph Part 222) of the Board’s Economic Reg­ Order To Show Cause Regarding 2, strike “Public Law 89-725” and substi­ ulations (effective June 12, 1964), notice Establishment of Service Rates tute in place thereof “39 United States is hereby given that the Civil Aeronau­ Code section 4303(d) (5) tics Board has received an application, Adopted by the Civil Aeronautics 5. In paragraph 3 strike “Public Law Docket 19697, from Allstates Air Cargo, Board at its office in Washington, D.C., 89-725” and substitute in place thereof on the 12th day of March 1968. Inc., Post Office Box 2128, Newark, N.J. “39 United States Code section 4303 Establishment of service rates for (d)(5).?’ 07114, for authority to provide pickup space available airlift of certain military Accordingly, pursuant to the Federal and delivery service between Newark and mail categories pursuant to Public Law Aviation Act of 1958, and particularly the following points: 90-206, Docket No. 17909. sections 204(a) and 406 thereof and the Points County On September 8,1967, the Board issued Board’s rules of practice (14 CFR Part Alexandria Township ------Hunterdon. Order E-25654 establishing a service mail 302) : B ethlehem T ow nship ------— Do. rate of 11.4 cents per ton-mile applicable It is ordered: Clinton Township ------Do. to certain mail matter, for convenience 1. That all interested parties and par­ Delaware Township------Do. referred to as SAM mail, mailed at or ticularly Airlift International, Inc., East Amwell Township------Do. destined to overseas Armed Forces Post Alaska Airlines, Inc., American Airlines, Franklin Township ------Do. Offices (AFPO’s) and which, pursuant Inc., Braniff Airways, Inc., Continental Holland Township ------D o. to Public Law 89-725, was to be airlifted Kingwood Township ------Do. Air Lines, Inc., Delta Air Lines, Inc., Lebanon Township ------Do. on a space available basis. Public Law Eastern Air Lines, Inc., The Flying Tiger Raritan Township ------•.— — Do. 90-206 has authorized the space avail­ Line Inc., National Airlines, Inc., North­ Readington Township ------D o. able airlift of certain additional cate­ east Airlines, Inc., Northwest Airlines, Tewksbury Township------Do. gories of mail. Inc., Pan American World Airways, Inc., Union Township ------Do. On January 2, 1968, the Postmaster Seaboard World Airlines, Inc., Trans West Amwell Township------Do. General filed a motion requesting the Caribbean Airways, Inc., Trans World Cranbury Township ------Middlesex. Board to amend E-25654 so as to extend Airlines, Inc., United Air Lines, Inc., West East Brunswick Township------Do. the application of the 11.4 cents rate to Edison Township ------Do. Coast Airlines, Inc., Western Air Lines, Helmetta Township ------Do. a part of the space available airlift of Inc., the Postmaster General, and the M adison T o w n s h ip ------Do. certain of the categories of mail covered Department of Defense are each directed Monroe Township ------Do. in Public Law 90-206. The Department to show cause why the Board should not New Brunswick Township------Do. of Defense has answered in support of issue a final order amending Order Piscataway Township ------Do. the petition. There have been no answers E-25654, September 8, 1967, as proposed Plainsboro Township ------Do. in opposition. above, effective on and after January 7, South Brunswick Township— Do. The Board has tentatively determined West Brunswick Township------Do. 1968. , . Atlantic Township______M onm outh that it is appropriate to amend Order 2. That all further procedures herein Freehold T ow nsh ip------D o. E-25654 in the manner requested by the oViqII Vio 4 n a nnnrH a nrp with the rules 01 M analapan T ow nsh ip------D o. Postmaster General. Holmdel Township------D o. Upon consideration of the facts recited debarkation as well as between embarkation/ Marlboro Township. ------D o. above and matters officially noted, the debarkation ports and overseas AFP O s. How­ M atawan T o w n sh ip .------D o. Board proposes to amend Order E-25654, ever, transportation between orlgina M iddletow n T ow nsh ip------D o. September 8,1967, as follows: destination points within the 48 c°nt n Millstone Township------D o. States and ports of embarkation/debarkatip Neptune Township------D o. 1. Paragraph 1 shall be amended tois not subject to the rate established h • O cean T ow nsh ip------D o. read as follows: In accordance with paragraph 2 (A ) > Raritan Township— ------.— — D o. “ 1. The rate established herein shall be such mail matter shall be subject to Shrew sbury T ow nsh ip------Do. established herein only to the extent o* Upper Freehold Township------D o. applicable only to a new class of mail space available transportation betw^n o _ W all T ow nsh ip------D o. (hereinafter referred to as SAM mail) seas AFPO’s and between overseas AFPO s B edm inster T ow nsh ip------Som erset consisting of the mail matter described ports of embarkation/debarkation. Bernards Township------Do. in section 4303(d) (5) and 45601 of Title master General has moved that J*® In­ Branchburg Township------D o. applicable to space available transpo Bridgewater T ow nsh ip------Do. of military mail between origination/desun Franklin T ow nsh ip------Do. 1 Space available airlift of the mail matter tion points within the 48 co^t!5u?^t1on pe Green B rook T ow nship------« D o. described in 39 U.S.C. 4560, unlike the cate­ and ports of embarkation/debarkation ^ gories covered by 39 U.S.C. 4303(d) (5) is au­ H illsborough T ow nship— ------Do. considered in D ocket 18381, Nonprio y Montgomery Township------D o. thorized between domestic origination/desti- ice M ail Rate Case. Warren Township— ------— D a nation points and ports of embarkation/

FEDERAL REGISTER, VOL. 33, NO. 52— FRIDAY, MARCH 15, 1968 NOTICES 4595

practice (14 CFR Part 302) and if there urged by the Commission on Law En­ is any objection to the rates or other FEDERAL COMMUNICATIONS forcement. The FCC notes that such findings specified herein, notice thereof coordination and cooperation among must be filed within eight days, and, if COMMISSION local agencies is required both for service notice is filed, written answer, and sup­ [FCC 68-256] to the public and for efficient utilization porting documents must be filed within of the radio spectrum. 15 days, after the date of service of this COORDINATION OF POLICE The additional police frequencies are order. FREQUENCY REQUESTS not available for actual assignment until 3. That, if notice of objection is not M a rch 8, 1968. the first of June, but the applications re­ filed within eight days, or if notice is filed quire careful consideration, and will be and answer is not filed within 15 days The Federal Communications Com­ given immediate attention by the staff after service of this order, all parties mission has received its first application of the Commission. The Commission in­ shall be deemed to have waived all fur­ for additional police frequencies made vites comments from other communities ther procedural steps before an order available in recent action by the Com­ and municipalities in the Washington fixing final rates, and the Board may mission from the Washington, D.C. Police Department. metropolitan area regarding their plans enter an order fixing the rates proposed and needs for enlarged mobile radio herein. On February 9, 1968, the Commission issued an order providing immediate communications facilities and their re­ 4. That, if any answers are filed, the substantial relief for congestion in the lation to the District of Columbia issues involved in determining the fair land mobile services by doubling the proposals. and reasonable rates shall be limited to number of communication channels in The Commission also invites the atten­ those specifically raised thereby, except the 450-470 mega-Hertz band. The Com­ tion of local government and police offi­ insofar as other issues are raised in ac­ mission order increased the number of cials in other metropolitan areas to these cordance with Rule 307 of the rules of problems and to the need and desirability channels available for police use from 19, both of local cooperation and coordina­ practice. " which were shared with other local gov­ 4. That, if any answers are filed, the ernment units, to a total of 55, including tion and of advance planning and con­ issues involved in determining the fair 20 which were allocated exclusively for sultation with the staff of the Commis­ an dreasonable rates shall be limited to police use. sion in order to make the most efficient use of the additional new communi­ those specifically raised thereby, except The Commission action was responsive insofar as other issues are raised in ac­ cations channels that have become to President Johnson’s message to Con­ available. cordance with Rule 307 of the rules of gress asking for “the highest priority in practice. The staff 6f the Commission will the allocation of new radio channels to endeavor to work closely with the Dis­ 5. That this order be served upon the police and other emergency services in parties specifically listed in paragraph 1 our largest cities,” and to the report of trict of Columbia communications offi­ above. the President’s Commission on Law En­ cers in processing their application, and is prepared to extend similar help and This order will be published in the forcement and the Administration of Justice, which stressed a need for addi­ cooperation to communications officials F ederal R eg iste r . tional radio channels for police com­ of other areas in preparing and proc­ By the Civil Aeronautics Board. munication. The report of the President’s essing plans and applications to utilize Commission also stated that: the new communications channels. [ seal] H arold R . S a n d e r so n , Adopted: March 6, 1968. Secretary. Frequencies should be shared through the development of larger and morë inte­ F ederal C ommunications [F.R. Doc. 68-3193; Filed, Mar. 14, 1968; grated police mobile radio networks. C o m m is s io n ,1 8:48 a.m .] The FCC should require metropolitan areas to submit coordinated requests for addi­ [ s e a l ] B e n F . W a p l e , tional frequencies, with the manner in which Secretary. [Docket No. 18610] action on a local level is coordinated left to [F.R. Doc. 68-3197; Filed, Mar. 14, 1968; SOUTHERN AIRWAYS ROUTE the discretion of local governments. 8:48 a.m.] Greater use should be made of multi­ REALIGNMENT CASE channel radio trunks. Notice of Postponement of Hearing The Federal Communications Commis­ [Docket Nos. 17624,17625; FCC 68M-409] sion notes the pertinence of these rec­ Notice hereby is given that the hear­ FRED KAYSBIER AND SIERRA BLANCA ommendations to the District of Colum­ BROADCASTING CO. (KRRR) ing in the above-entitled proceeding for bia application. The District of Columbia the civic parties now assigned to begin is the central city of a metropolitan area Order Scheduling Hearing comprising numerous smaller communi­ on March 26, 1968, is postponed until In re applications of Fred Kaysbier, April 9,1968, at 10 a.m., in the Assembly ties and municipalities. The assignment Alamogordo, N. Mex., Docket No. 17624, Room of the Atlanta Public Library, 126 of all 20 of the newly authorized police frequencies to the central city would File No. BP-16965; Edward D. Hyman Carnegie Way NW., Atlanta, Ga. Fur­ create problems that might hinder ex­ trading as Sierra Blanca Broadcasting ther hearing for the receipt of testimony Co. (KRRR), Ruidoso, N. Mex., Docket pansion of other police communications No. 17625, File No. BP-17487; for con­ of the remaining parties will be held on systems in the area and the integration struction permits: April 15, 1968, atfTO a.m., in Room 726, of systems urged by the Commission on It is ordered, That H. Clifford Irion Universal Building, 1825 Connecticut Law Enforcement. Preliminary coordina­ shall serve as Presiding Officer in the Avenue NW., Washington, D.C. tion among the police agencies in the above-entitled proceeding; that the hear­ area might avoid or lessen the problems. ings therein shall be convened on June 1968ated at Washington- D.C., March 11, An additional reason for coordination 4,1968, at 10 a.m,; and that a prehearing arises from the recently announced availability of a single universal emer­ conference shall be held on April 30, [ seal] H erber t K . B r y a n , 1968, commencing at 10 a.m.: And, it is Hearing Examiner. gency telephone number (911). The use of this number will require cooperation further ordered, That all proceedings [FR. Doc. 68-3194; Filed, Mar. 14, 1968; and coordination among the local police 8:48 a.m .] 1 Commissioners Hyde, Chairman; and Lee and emergency agencies, of the kind absent.

No. 62-----6 FEDERAL REGISTER, VOL. 33, NO. 52— FRIDAY, MARCH 15, 1968 4596 NOTICES 1. To determine which of the proposals It is ordered, That the request in the shall take place in the offices of the Com­ aforesaid letter is granted and the hear­ mission, Washington, D.C. would better serve the public interest. 2. To determine, in the light of the ing will commence on June 11, 1968. Issued: March 6, 1968. evidence adduced pursuant to the fore­ Issued: March 7, 1968. going issue, which of the applications Released: March 11, 1968. Released: March 11, 1968. should be granted. F ederal C ommunications It is further ordered, That, in the event F ederal C ommunications C o m m is s io n , of a grant of the application of George C o m m is s io n , e n a p l e [ s e a l ] B F . W , [ s e a l ] B e n F . W a p l e , Secretary. T. Hemreich trading as KFPW Broad­ casting Co., such grant shall be made Secretary. [F.R. Doc. 68-3195; Filed, Mar. 14, 1968; subject to the following condition: Prior [FJR. Doe. 68-3198; Filed, Mar. 14, 1968; 8:48 a.m.] to the commencement of construction, 8:48 a m .] authority shall be obtained to determine [Docket Nos. 18046,18047; FCC 68—226] the operating power of Station KFPW by the indirect method and upon com­ [Docket Nos. 16290,16291; FCC 68M-402] KFPW BROADCASTING CO. AND pletion the antenna resistance shall be WMGS, INC. (WMGS), AND OHIO BROADCASTERS UNLIMITED remeasured and the results submitted RADIO, INC. with Form 302 as a request to determine Order Designating Applications for the operating power by the direct Order Scheduling Hearing Consolidated Hearing on Stated method. Data submitted shall include a Conference Issues sketch of the completed installation. It is further ordered, That, to avail In re applications of WMGS, Inc. In re applications of George T. Hern- themselves of the opportunity to be (WMGS), Bowling Green, Ohio, Docket reich trading as KFPW Broadcasting heard, the applicants pursuant to § 1.221 No. 16290, File No. BR-3097; for renewal Co., Fort Smith, Ark., Docket No. 18046, (c) of the Commission’s rules, in person of license; Ohio Radio, Inc., Bowling File No. BPCT-3937; Cleve L. Cotner, or by attorney, shall, within twenty (20) Green, Ohio, Docket No. 16291, File No. Mike Meyer, Carle Robbins, Ernest S. days of the mailing of this order, file with BP-16423; for construction permit. Stephens, and Gilbert Forsgren doing the Commission, in triplicate, a written Pursuant to a written request dated business as Broadcasters Unlimited, Fort appearance stating an intention to ap­ March 6, 1968, from counsel for Ohio Smith, Ark., Docket No. 18047, File No. pear on the date fixed for the hearing Radio, Inc.: It is ordered, That there BPCT-3963; for construction permit for and present evidence on the issues speci­ will be a further hearing conference o n new television broadcast station. March 21, 1968, 9 am., in the C om m is­ 1. The Commission has before it for fied in this order. sion’s offices, Washington, D.C. consideration the above-captioned appli­ It is further ordered, That the appli­ cations for a construction pennit for a cants herein shall, pursuant to section Issued: March 7,1968. new television broadcast station to op­ 311(a) (2) of the Communications Act of Released: March 8,1968. erate on Channel 24, Forth Smith, Ark. 1934, as amended, and § 1.594 of the F ederal C ommunications 2. There appears to be a significant Commission’s rules, give notice of the C o m m is s io n , disparity in the proposed Grade B con­ hearing within the time and in the man­ [ s e a l ] B e n F . W a p l e , tours of the applicants. In accordance Secretary. with the Commission’s policy evidence ner prescribed in such rule, and shall with respect to which of the proposals advise the Commission of the publication [FJJ. Doc. 68-3199; Filed, Mar. 14, 1968; would represent a more efficient use of of such notice as required by 1 1.594(g) of 8:49 a.m .] the frequency may be adduced under the the rules. comparative issue.1 [Docket Nos. 18048, 18049; FCC 68-227] 3. Since George T. Hemreich trading Adopted: February 28, 1968. WSTE-TV, INC. (WSTE) as KFPW Broadcasting Co. proposes to Released: March 11, 1968. mount its antenna structure atop the F ederal C ommunications Memorandum Opinion and Order existing tower of Standard Radio Designating Applications for Con­ Broadcast Station KFPW, replacing the C o m m is s io n , present six-bay FM antenna now located [ s e a l ] B e n F . W a p l e , solidated Hearing on Stated Issues Secretary. there, in the event of a grant of this ap­ in re applications of WSTE-TV, Ihc. plication, the grant shall be made subject [F.R. Doc. 68-3196; Filed, Mar. 14, 1968; (WSTE), F a ja rd o, P.R.,_ FM® No‘ to an appropriate condition. 8:48 a.m.] BMPCT-5678; for modification of con­ 4. The applicants are both qualified struction permit; W S T E - T V , Inc. to construct, own and operate the pro­ [Docket No. 17777; FCC 68M-414] (WSTE), Fajardo, P.R., Docket no. posed new television broadcast station. 18048, File No. BMPCT-5777; for exten­ The applications are, however, mutually TRI-STATE BROADCASTING CO., INC. sion of time within which to construct; exclusive in that operation by the appli­ (KUPD) cants as proposed would result in mu­ WSTE-TV, Inc. (WSTE), Fajardo, P.RJ tually destructive interference. The Com­ Order Regarding Procedural Dates Docket No. 18049, File No. BMPCT-6029; mission, is therefore, unable to make In re application of Tri-State Broad­ for modification of construction permit. the statutory finding that a grant of the 1. The Commission has before it for casting Co., Inc. (KUPD), Tempe, Ariz., applications would serve the public in­ consideration (a) the above-caption Docket No. 17777, File No. BP-16895; for terest, convenience and necessity, and is applications1 of WSTE-TV, Inc. of the opinion that they must be desig­ construction permit. nated for hearing in a consolidated pro­ The Hearing Examiner having under i The filing of the modification ceeding on the issues set forth below. consideration a letter dated March 5, (BMPCT-6029) indicates that WSTE It is ordered, That, pursuant to sec­ 1968, requesting the following schedule abandoned its intention to «m tru rt tion 309(e) of the Communications Act station in accordance w ith the facilities of 1934, as amended, the above-captioned of dates by counsel for the applicant: quested In its pending modification PP n_ applications are designated for hearing Preliminary exhibit exchange: May 10, tion (BMPCT-5678). ^nnlica- in a consolidated proceeding at a time 1968. struction in accordance with that app and place to be specified in a subsequent Final exhibit exchange: May 20, 1968. tion has now been rendered moot, the ^ mission will set aside its action c o r o .- order, upon the following issues: Notification of witnesses: May 24,1968. 1962, granting the application and t ^ nt Commencement of hearing: June 11, mission will dismiss the application, p 1 Harriscope, Inc., FCC 65—1165, 2 FCC 2d to § 1.568(b) of the Commissions nues. 223. 1968.

FEDERAL REGISTER, VOL. 33, NO. 52— FRIDAY, MARCH 15, 1968 NOTICES 4597

(WSTE), permittee of Television Broad­ Construct Radio Station” (FCC Form interest of El Mundo, Inc.) which indi­ cast Station WSTE, Channel 13, Fajardo, 701), to which were attached 15 pages cated their objections to a grant of the P.R.; (b) its opinion in WSTE-TV, Inc., of exhibits which purported to change modification application as amended. In FCC 62-583, 23 RR 804, adopted May 29, certain aspects of the proposal contained addition, a Petition to Deny the amended 1962, which was subsequently appealed in the modification application. These application was filed, on March 9, 1967, to the Comi of Appeals for the District of exhibits included certain findings from by Amrex Construction Co., Inc., et al. Columbia Circuit, Case No. 17,139, sub a survey of the applicant’s proposed (Amrex), licensees of mobile radio sys­ nom WAPA-TV Broadcasting Corpora­ service area, new proposed programing tems with transmitting and receiving fa­ tion v. Federal Communications Com­ based on such survey, changes in the cilities located in the vicinity of WSTE’s mission, and which was remanded to the estimate of equipment requirements as proposed site. Furthermore, on April 14, Commission by order of October 26,1962; the result of changes in programing 1967, Telesanjuan, Inc. (Telesanjuan), and (c) the various pleadings filed in (including live programing), changes in licensee of Television Broadcast Station this proceeding which are listed in the the applicant’s plans for the staffing of WTSJ, Channel 18, San Juan, P.R., filed appendix hereto.2 its station, and an upward revision in the informal objections, pursuant to § 1.587 2. Since this proceeding is more than estimated cost of operation and the esti­ of the Commissions rules. 6 years old, a review of the sequence of mated revenues for the first year. Since 5. WAPA, Telemundo and Amrex events is essential to an understanding of these exhibits had not been associated ■claim standing in this proceeding as the controversy. On November 16, 1961, with the application for a change in “parties in interest” within the meaning WSTE filed an apaplication (BMPCT- transmitter site, they were not consid­ of section 309(d) of the Communications 5678) for modification of construction ered by the Commission in the prepara­ Act of 1934, as amended, on the grounds permit to relocate its transmitter from tion of its opinion of May 2?, 1962. Fol­ that the proposed operation of Station Sardinera Barrio, 1.5 miles north of Fa­ lowing discovery of the fact that the rec­ WSTE would divert advertising revenues jardo, to the top of El Yunque Moun­ ord before the Commission had not been from WAPA and Telemundo and cause tain, 8.5 miles west of Fajardo; to in­ complete, the Commission, on September interference to the facilities of Amrex crease visual effective radiated power in 10, 1962, filed an appropriate motion in and the other licensees of mobile radio the horizontal plane from 2.82 kw to 31.6 the Court of Appeals for remand of the systems located in the vicinity of the pro­ kw; and to increase antenna height above case to the Commission. On October 26, posed transmitter site. Telesanjuan does average terrain from 350 feet to 2,900 1962, the Court of Appeals issued an not claim standing as a “party In In­ feet. The proposed move would have en­ order remanding the case to the Com­ terest”, but claims the status only of an abled Station WSTE, for the first time, mission, which provided that, objector, pursuant to § 1.587 of the Com­ mission’s rules. In addition, the El to furnish a predicted principal com­ (T)his case is hereby remanded to the munity signal to San Juan, which is lo­ Commission with directions to reopen the Yunque Radio Users Advisory Commit­ cated approximately 30 miles northwest record to the extent necessary to determine tee (Advisory Committee), which repre­ of Fajardo. Petitions to deny this appli­ the import of the exhibits filed by intervenor sents the operators of a large number of cation were filed by Ponce de Leon [applicant] on February 26, 1962. radio facilities located in the vicinity of Broadcasting Co., Inc., of Puerto Rico, 4. The Commission then advised thethe proposed site, has filed an informal licensee of Station WAPA-TV, Channel objection to a grant of the modification parties that it had associated the exhibits application. WSTE disputes the stand­ 4, San Juan, P.R., and El Mundo, Inc., with the modification application and be­ licensee of Station WKAG-TV, Channel ing of the petitioners on the grounds that lieved it appropriate to allow the parties the pleadings directed against a grant 2, San Juan, P.R. The petitioners al­ the opportunity to supplement their leged, in essence, that the applicant had of the amended modification application earlier pleadings before the Commission were not timely filed. However, in view failed to disclose material facts to the considered the matter further. Comments Commission in connection with its plans of our determination (discussed in suc­ were filed by the parties and subse­ ceeding paragraphs hereof) that an evi­ mr the construction of Station WSTE- quently, on May 27, 1964, Counsel for TV and that the applicant had failed to dentiary hearing will be necessary in WSTE requested that action on the order to resolve a number of public in­ ?ocduct a Programing survey. On May 29, modification application be delayed while 1962, the Commission adopted an opin- terest considerations in connection with an effort was made to locate a better WSTE’s proposal and the petitioners’ ion, WSTE-TV, Inc., FCC 62-583, 23 R.R. site. On October 26,1964, WSTE filed an w4, denying the petitions to deny and manifest interest in the resolution of application (BMPCT-6029) for modifi­ those issues, we will, therefore, on our granting the modification application. cation of construction permit to make 3. On July 2, 1962, WAPA-TV Broad­ own motion, make WAPA, Telemundo, changes in the station’s authorized fa­ Amrex, Telesanjuan, and the Advisory casting Corp. ( WAPA-successor in in- cilities. The applicant proposed to operate erest to Ponce de Leon Broadcasting Committee parties to this proceeding. from a transmitter site located near East Consequently, we do not reach the ques­ * c” of P R-) • filed in the U.S. Court Peak, approximately 7.5 miles southwest tion of standing. oi Appeals for the District of Columbia of Fajardo and approximately 3 miles '-'ircuit an appeal (WAPA-TV Broad- 6. Amrex and the Advisory Committee southeast of the transmitter site pro­ object to a grant of the modification ap­ casttag Corporation v. Federal Commu- posed in its then pending modification Commission, Case No. 17139), plication on the grounds that WSTE’s application (BMPCT-5678), with visual operation from the proposed transmitter Commission’s decision. By effective radiated power of 67.5 kw in the fho n 0f J.ul? 1962, toe Court stayed horizontal plane from an antenna height site would cause extensive disruptive p m 7 ^ ssion's action pending the out- of 3,170 feet above average terrain. Since interference to the mobile radio systems tirm J# .r16 apPeal. During the prepara­ located in the vicinity of the proposed a Federal Aviation Administration site. In support of their view, they have nti, pw ke record of the case for filing (FAA) study revealed that operation of APPeals, it was dis- from the proposed site would result in submitted feasibility studies which indi­ overed that on February 26, 1962, the harmful interference to radar and com­ cate that there is a substantial probabil­ applicant had filed With the Commission munications facilities utilized by the ity of harmful interference from the proposed operation to the numerous an Application for Additional Time to FAA and the Department of the Navy, the applicant, on January 20, 1967, filed mobile radio systems located on El an amendment to its application to Yunque Peak. On the other hand, WSTE specify a new transmitter site located ap­ has submitted an engineering study Stay was fi i ^ K r“ 7 26, 1968> a Petìtion for which indicates that the possibility of ing stav Joaquin Baez, Jr., request­ proximately 5 miles northwest of its pre­ interference to any of the other services ed a petttiorw18 Proceeding until resolution viously proposed site, approximately 9 located near the proposed site is minis­ reassfg^eit nf ™ ® making looking toward miles west of Fajardo, with effective ra­ M ayaSS p ? (^ aXie\ 13 from Fajardo to diated power of 163 kw in the horizontal cule. An additional consideration arises staying «Ma R‘ is no necessity for plane, and an antenna height above aver­ from the fact that since the proposed rule P^^f^ug since action on the age terrain of 2,000 feet. Supplementary transmitter site is located on National heari^oider^ 1 ^ be PreJudlced by the Forest lands, under the jurisdiction of questi™ d herein. Therefore, the re- pleadings were filed by WAPA and Tele- Huest for stay will be denied. the Department of Agriculture, it will be mundo, Inc. (Telemundo-successor in necessary for WSTE to secure a “use

FEDERAL REGISTER, VOL. 33, NO. 52— FRIDAY, MARCH 15, 1968 4598 NOTICES site to be subsequently determined. permit” from that agency before the UHF Channel 24 and reserved Channel 74, for which no application is pending. Furthermore, the fact that WSTE’s land can be utilized. However, the De­ coverage area will increase as a result partment of Agriculture has indicated Operating as proposed, Station WSTE would place a predicted principal city of the proposed move does not necessitate that while the land is available, it will a conclusion that there will be a de facto withhold issuance of a “use permit” to signal over all of San Juan and thus provide San Juan with its fourth com­ reallocation of the channel. The Com­ WSTE until there has been a resolution mission encourages the operation of of the objections raised by the Advisory mercial VHF signal. We think that under these circumstances, it is necessary to television broadcast stations with maxi­ Committee. On the basis of the informa­ mum facilities where such operation will tion presently before us, the Commission explore in a hearing whether the pro­ posed operation would have an adverse not conflict with Commission rules or is unable to resolve the conflict concern­ policy. Therefore, since there is sub­ ing the question of possible interference impact upon the development of. UHF television broadcast in WSTE’s proposed stantial evidence to support the conclu­ to other services from the operation of sion that if the proposed transmitter Station WSTE at its proposed trans­ service area. Accordingly, an appropriate issue will be specified. The burden of move is granted, the station will continue mitter site. Accordingly, we believe that to meet its obligations to its principal an evidentiary hearing will be necessary proceeding with the introduction of evi­ dence and the burden of proof with community, Fajardo, no issue with in order to resolve this matter. There­ respect to de facto reallocation of Chan­ fore, an appropriate issue will be specified respect to the UHF impact issue will be placed on the respondents. nel 13 has been specified. Cosmos Broad­ and the burden of proof -fath respect casting Corporation, 5 FCC 2d 690, 8 RR thereto will be placed on the applicant. 9. Since the necessity for an evidentiary hearing with regard to the modifica­ 2d 975. 7. Petitioner, WAP A, contends that the tion application is clear on independent 11. It is appropriate at this time also applicant is not financially qualified to grounds, a question arises as to the dis­ to designate for hearing the applicant’s construct and operate Station WSTE as position to be made of the various allega­ pending application (BMPCT-5777) for proposed. To finance the construction tions and arguments advanced by the extension of time within which to com­ and first-year operation of Station petitioners to the effect that WSTE failed plete construction, so that all of its WSTE, the applicant relies upon the to disclose material facts to the Com­ pending applications will be before the availability of a $1 million bank loan mission within the meaning of Hall et al., Commission in the same proceeding. from The First National Bank and v. Federal Communications Commission, Consequently, and for this reason only, Trust Company of Oklahoma City. Since 99 U.S. App. D.C. 86, 237 F. 2d 567, 14 the applicant’s pending extension appli­ the proposed loan does not contain a RR 2009, and failed to study the pro­ cation is being consolidated for hearing definite commitment on the part of the gramming needs and interests of its With the modification application. bank to lend the funds, it cannot be proposed service area as required by 12. We have carefully considered all determined that the applicant will have Suburban Broadcasters, 30 FCC 1021, 20 of the matters raised in the various available $1 million with which to finance RR 951; affirmed sub nom, Suburban pleadings and, except as indicated by the the station. In the event that WSTE is Broadcasters v. Federal Comunications issues specified below, we find that the able to satisfactorily demonstrate the Commission, il2 U.S. App. D.C. 257, 302 applicant is qualified to construct and availability of the bank loan, cash in F. 2d 191, 23 RR 2016. Under the cir­ operate as proposed and that, except as the amount of $1,181,200 will be needed cumstances, we are specifying appropri­ indicated in the preceding paragraphs for the construction and first-year opera­ ate issues on these matters. hereof, no substantial and material tion of the station, consisting of down 10. Petitioners have also alleged that questions of fact have been raised by the payment on equipment—$180,000; first- the proposed transmitter move would pleadings. The Commission, however, is year payment on equipment including constitute a de facto reallocation of unable to make the statutory finding interest—$180,000; cost of equipment not Channel 13 from Fajardo to San Juan. that a grant of the applications would subject to deferred credit—$2,000; In support of this view, petitioners state serve the public interest, convenience buildings—$92,000; other items—$39,- that the use of Channel 13 at the pro­ and necessity, and is of the view that tne 500; first-year payment including inter­ posed site and with the facilities re­ applications must be designated for hear­ est on bank loan—$270,000; first-year quested will .result in WSTE providing ing on the issues set forth below: cost of operation—$417,700. Thus, even a predicted principal city signal to San It is ordered, That, upon the Commis­ if WSTE is able to show the availability Juan and coverage to almost 90 percent sion’s own motion, its action of May > of the $1 million bank loan, it will still of Puerto Rico. Petitioners also allude 1962, granting WSTE-TV, Inc.’s applica­ need an additional $181,200 to finance to the history of certain other television tion (BMPCT-5678) for modification oi the station and the applicant has not stations in which Mr. James C. Leake, construction permit is set aside and indicated the source of such additional principal stockholders of WSTE, has had application is dismissed, pursuant to funds. Therefore, appropriate financial a substantial ownership interest, in order § 1.568(b) of the Commission’s rules. issues have been specified. to substantiate their contention that Mr. It is further ordered, That, pursuan 8. Telesanjuan alleges that a grant of Leake has a history of persuading the to section 309(e) of the Communications WSTE’s application will have an adverse Commission to permit the relocation of Act of 1934, as amended, the above impact on UHF television broadcasting such stations toward larger communities. captioned applications in San Juan, P.R. An examination of the We do not believe that this history is and BMPCT-6029) of WSTE-TV. ^ present situation in San Juan reveals relevant to this proceeding, since in each are designated for hearing at a tone t that this concern with the impact of the case where action has been taken, the place to be specified in a subsequent proposed transmitter move on UHF de­ Commission determined that Mr. Leake’s order upon the following issues. velopment may be valid. At the present proposal would serve the public interest, 1. To determine to what exte™ d time, San Juan has three operating com­ convenience, and necessity. Further­ operation of Station WSTE as proposed mercial VHF television broadcast sta­ more, we do not agree that grant of the might cause harmful interference tions- (Station WKAQ-TV, Channel 2, modification application would result in other radio facilities located Station WAPA-TV, Channel 4, and Sta­ a reallocation of Channel 13. WSTE’s Yunque Peak, and if harmful i . tion WKBM-TV, Channel It, Caguas), proposed transmitter site will only be ence is caused, the extent .to ,.on an operating noncommercial VHF tele­ located a short distance from Fajardo. WSTE-TV, Inc., with the cooper tio^ vision broadcast station (Station WIRP— Moreover, from the proposed site, the of the owners and operators of th lye TV, Channel 6), an operating UHF com­ station will continue to provide a pre­ radio facilities, should beabletores^v mercial television broadcast station dicted principal city signal to its principal problems oi harmful ifterfereme tootM (Station WTSJ, Channel 18) an au­ community, Fajardo. In addition, the radio facilities located on Li thorized UHF commercial television applicant indicates that it will still serve broadcast station (Station WITA-TV, the needs of Fajardo and while the ap­ 2. To determine whether WSTE^T^ Channel 30, which has been authorized plicant has not indicated a specific loca­ to remain temporarily silent pending the tion for its main studios in Fajardo, it Inc., will have available a $1 has indicated that the main studios will loan from The First National filing of an application for a new trans­ Trust Company of Oklahoma y mitter site), a pending application for continue to be located in Fajardo at a

FEDERAL REGISTER, VOL. 33, NO. 52— FRIDAY, MARCH 15, 1968 NOTICES 4599

finance the construction and first-year 311(a)(2) of the Communications Act 21. Supplement to petition to deny, filed operation of Station WSTE. of 1934, as amended, and § 1.594 of the May 4, 1967, by W A P A -T V B roadcasting 3. To determine, in the event that (2) Commission’s rules, give notice of the Corp. (WAPA-successor in interest to Ponce above is resolved in the affirmative, how hearing within the time and in the man­ de Leon), directed against (10) above. WSTE-TV, Inc., will obtain sufficient ner prescribed in such rule, and shall 22. O pposition, filed M ay 17, 1967, by additional funds with which to finance advise the Commission of the publication WSTE, to (21) above. the construction and first-year operation 23. R eply, filed, M ay 25, 1967, by WAPA, of such notice as required by § 1.594(g) to (22) above. of the station. of the rules. 4. To determine whether a grant of [FR. Doc. 68-3200; Filed, Mar. 14, 1968; the application would impair the ability Adopted: February 28,1968. 8:49 a n ] of authorized and prospective UHF tele­ Released: March 11,1968. vision broadcast stations in the area tò compete effectively, or would jeopardize, F ederal C ommunications in whole or in part, the continuation of C o m m is s io n , FEDERAL POWER COMMISSION [ s e a l ] B e n F . W a p l e , existing UHF television service. [Docket No. CP68-242] 5. To determine whether WSTE-TV, Secretary. Inc., concealed material facts with re­ A p p e n d i x CASCADE NATURAL GAS CORP. spect to the operation proposed in its APPLICATIONS AND PLEADINGS FILED various applications involving Station Notice of Application WSTE. 1. Application (BMPCT-5678) filed No­ vem ber 16, 1961, by W ST E -T V , Inc. (W S T E ), M a rch 8, 1968. 6. To determine the efforts made by requesting modification of construction per­ Take notice that on March 4, 1968, WSTE-TV, Inc., to ascertain the com­ mit to make changes in authorized facilities Cascade Natural Gas Corp. (Applicant), munity needs and interests of the area of Television Broadcast Station WSTE, 222 Fairview Avenue North, Seattle, to be served and the means by which C hannel 13, Fajardo, P R . Wash. 98109, filed in Docket No. CP68- the applicant proposes to meet those 2. Petition to deny, filed January 2, 1962, 242 an application pursuant to section needs and interests. by Ponce de Leon Broadcasting Co., Inc., of 7 (c) of the Natural Gas Act for a certifi­ 7. To determine, in the light of the Puerto Rico (Ponce de Leon), licensee of Television Broadcast Station WAPA-TV, cate of public convenience and necessity evidence adduced pursuant to the fore­ Channel 4, San Juan, P.R., against (1) above. authorizing the construction and opera­ going issues, whether a grant of the 3. P etition to deny, filed January 2, 1962, tion of an additional 4,050 horsepower above-captioned applications (BMPCT- by El Mundo, Inc. (El Mundo), licensee of compressor station and related facilities 5777 and BMPCT—6029) would serve the Television Broadcast Station WKAQ-TV, in the Dragon Trail Area, Rio Blanco public interest, convenience, and neces­ Channel 2, San Juan, PR., against (1) County, Colo., all as more fully set forth sity. above. in the application which is on file with It is further ordered, That, to the 4. Oppositions to petitions to deny, filed January 31, 1962, by WSTE, to (2) and (3) the Commission and open to public extent indicated herein, the petitions above. inspection. to deny filed by WAPA-TV Broadcast­ • 5. Reply, filed February 21, 1962, by Ponce The estimated cost of the facilities to ing Corp., Telemundo, Inc., and Amrex de Leon, to (4) above. be constructed under the requested au­ Construction Co., Inc., et al., and the in­ ' 6. R eply, filed February 21, 1962, b y El thorization is $685,000 to be financed formal objections filed by Telesanjuan, Mundo, to (4) above. from cash on hand, cash generated from hie., and the El Yunque Radio Users 7. Application (BMPCT-5777) filed Au­ normal operations and from financing Advisory Committee are granted, and in gust 20, 1962, by WSTE requesting extension currently being negotiated. all other respects are denied, and the of time within which to complete construc­ Petition for stay filed by Joaquin Baez, tio n o f Station WSTE. The application further states that the Jr., is denied. 8. Application (BMPCT-6029) filed Octo­ proposed facilities, coupled with in­ ber 26, 1964, by WSTE, requesting modifica­ creased supplies of gas from Continental It is further ordered, That WAPA-TV tion of construction permit to make changes Oil Co., will enable Applicant to increase Broadcasting Corp., Telemundo, Inc., in authorized facilities of Station WSTE. its ability to meet its authorized deliver- leiesanjuan, Inc., Amrex Construction 9. Informal objections, filed December 20, ability obligation to Mountain Fuel Sup­ u>., Inc., et al., and the El Yunque Radio 1966, by El Yunque Radio Users Advisory Committee (Advisory Committee), against ply Co. It is stated that the authorization sere Advisory Committee are made ( 8) above. here requested will not enable Applicant Parties respondent in this proceeding 10. Amendment to Application (BMPCT- to increase its jurisdictional sales beyond upon the Commission’s own motion. 6029) filed January 20, 1967, by WSTE, re­ presently authorized limits. It is further ordered, That, the burden questing changes in the facilities proposed Protests or petitions to intervene may f proceeding with the introduction of in (8) above. 11. Response, filed February 27, 1967, by be filed with the Federal Power Commis­ evidence and the burden of proof with sion, Washington, D.C. 20426, in accord­ respect to Issues 1, 2, 3, 6, and 7 is hereby WSTE, to (9) above. 12. Letter, filed M arch 9, 1967, by Tele­ ance with the rules of practice and pro­ hm?d U?°n WSTE-TV, Inc., and. the mundo, Inc. (Telemundo-successor in in­ cedure (18 CFR 1.8 or 1.10) and the regu­ Dinaen of proceeding with the introduc- terest to El Mundo), directed against (10) lations under the Natural Gas Act uon °f evidence and the burden of proof above. (§ 157.10) on or before April 8r 1968. lirvm respect to Issue 4 is hereby placed 13. P etition to deny, filed M arch 9, 1967, iW>n respOTidents WAPA-TV Broadcast- by Amrex Construction Co., Inc,, et al. (Am­ Take further notice that, pursuant to the authority contained in and subject to imLC tP" Telemundo, Inc., and Telesan- rex), licensees of mobile radio systems lo­ cated on El Yunque Peak, PR., directed the jurisdiction conferred upon the Fed­ S , ™ ' - and with respect to Issue 5 is against ( 10) above. eral Power Commission by sections 7 and in* n i Placed on WAPA-TV Broadcast­ ing Corp. and Telemundo, Inc. 14. O pposition, filed M arch 16, 1967, by 15 of the Natural Gas Act and the Com­ WSTE, to (13) above. mission’s rules of practice and procedure, thpmîli! urthe? ordered, That, to avail 15. Supplement to petition to deny, filed a hearing will be held without further heard61«^ °f °PPortunity to be M arch 17, 1967, by Amrex, against (10) above. notice before the Commission on this ap­ résonnât aPPiicant and the parties 16. Motion to strike supplement to peti­ tion to deny, filed. M arch 22, 1967, by WSTE, plication if no protest or petition to inter­ (c)Pn? t^V.*10101?1’ .Pursuant to § 1.221 against (15) above. vene is filed within the time required or hv a+f6 Comrnission’s rules, in person 17. R eply, filed M arch 30, 1967, b y Amrex, herein, if the Commission on its own re­ dav the appli- 20. Reply, filed April 28, 1967, by Tele­ required, further notice of such hearing nerein shall, pursuant to section sanjuan, to (19) above. will be duly given.

FEDERAL REGISTER, VOL. 33, NO. 52— FRIDAY, MARCH 15, 1968 NOTICES 4600 be suspended for 5 months from March 313, Centerville, La., in order to utilize a Under the procedure herein provided long-term transportation agreement for, unless otherwise advised, it will be 11, 1968, the proposed effective date, as herein ordered. The proposed rate will whereby Tennessee will transport gas for unnecessary for Applicant to appear or be Applicant from Centerville to a point in represented at the hearing. also be subject to rejection, as of the date of filing, if Permian is upheld upon the vicinity of Kinder, La., all as more G o r d o n M . G r a n t , final court review. fully set forth in the application which Secretary. The proposed changed rate and charge is on file with the Commission and open [F.R. Doc. 68-3154; Filed, Mar. 14, 1968; may be unjust, unreasonable, unduly to public inspection. 8:45. a.m.] discriminatory, or preferential, or other­ Specifically, the agreement provides wise unlawful. for an initial quantity of 200,000 Mcf per The Commission finds: It is necessary day which can be increased by Appli­ [Docket No. RI68-492] and proper in the public interest and to cant to 500,000 Mcf per day. REDFERN OIL CO. aid in the enforcement of the provisions Applicant estimates the cost of the of the Natural Gas Act that the Com­ facilities to be $300,000 to be financed Order Providing for Hearing on and mission enter upon a hearing concerning from funds on hand. Suspension of Proposed Change in the lawfulness of the proposed change, The Applicant states that the agree­ and that Supplement No. 5 to Redfern’s ment, if authorized, will result in sub­ Rate stantial savings and increased ability to M arch 8, 1968. FPC Gas Rate Schedule No. 1 be sus­ supply its transmission facilities with On February 9, 1968, Redfem Oil Co. pended and the use thereof deferred as hereinafter ordered. increasing volumes of gas. (Redfern) 1 tendered for filing a pro­ Protests or petitions to intervene may posed change in its presently effective The Commission orders: (A) Pursuant to the authority of the be filed with the Federal Power Commis­ rate schedule for sales of natural gas sion, Washington, D.C. 20426, in accord­ subject to the jurisdiction of the Com­ Natural Gas Act, particularly sections 4 and 15 thereof, the Commission’s rules ance with the rules of practice and pro­ mission. The proposed change, which cedure (18 CFR 1.8 or 1.10) and the constitutes an increased rate and charge, of practice and procedure, and the regu­ lations under the Natural Gas Act (18 regulations under the Natural Gas Act is designated as follows: CFR Ch. I ) , a public hearing shall be (§ 157.10) on or before April 5, 1968. Description: Notice of change, dated Feb­ held upon a date to be .fixed by notice Take further notice that, pursuant to ruary 6, 1968.2 from the Secretary concerning the law­ the authority contained in and subject Purchaser and producing area: El Paso fulness of the proposed increased rate to the jurisdiction conferred upon the Natural Gas Co. (Denton Gasoline Plant, Lee Federal Power Commission by sections 7 County, N. Mex.) (Permian Basin Area). and charge contained in Supplement No. Rate schedule designation: Supplement 5 to Redfern’s FPC Gas Rate Schedule and 15 of the Natural Gas Act and the No. 5 to Redfern’s FPC Gas Rate Schedule Commission’s rules of practice and pro­ No. 1* J . cedure, a hearing will be held without No. 1. (B) Pending such hearing and de­ Effective date: March 11,1968.2 cision thereon, Supplement No. 5 to Red­ further notice before the Commission on Amount, of annual increase: $125. fem ’s FPC Gas Rate Schedule No. 1 is this application if no protest or petition Effective rate: 17.0816 cents per M cf.1 hereby suspended and the use thereof to intervene is filed within the time re­ Proposed rate: 18.2758 cents per Mcf.® quired herein, if the Commission on its Pressure b a se : 14.65 p.s.i.a. deferred until August 11,1968, and there­ after until such further time as it is made own review of the matter finds that a The subject sale is being made under effective in the manner prescribed by the grant of the certificate is required by the Redfern’s small producer certificate is­ Natural Gas Act. public convenience and necessity. If a sued July 20,1967, in Docket No. CS67-66. (C) Neither the supplement hereby protest or petition for leave to intervene The order issuing thè small producer suspended nor the rate schedule sought is timely filed, or if the Commission on certificate did not terminate Redfem s to be altered thereby, shall be changed its own motion believes that a formal FPC Gas Rate Schedule No. 1 so that until this proceeding has been disposed hearing is required, further notice of such Redfem could continue to collect, sub­ of or until the period of suspension has hearing will be duly given. ject to refund, a rate in excess of the expired, unless otherwise ordered by the Under the procedure herein provided applicable area base rate ceiling pre­ Commission. for, unless otherwise advised, it will be scribed in Opinion No. 468. Such action (D) Notices of intervention or peti­ unnecessary for Applicant to appear or was consistent with the Commission’s be represented at the hearing. order issued February 6,1967, in Rodman tions to intervene may be filed with the Federal Power Commission, Washington, G ordon M. G rant,- and Late et al., Docket No. CS66-48 Secretary. et al., granting relief to small producers D.C. 20426, in accordance with the rules by permitting them to continue to col­ of practice and procedure (18 CFR 1.8 [F.R. Doc. 68-3156; Filed, Mar. 14, 1968; lect rates in excess of the applicable area and 1.37(f)) on or before April 24, 1968. 8:45 a m .] ceiling rates. In addition, the order is­ By the Commission. suing the small producer certificate [ s e a l ] G ord o n M. G r a n t , stated that Redfem’s 17.0816 cents per Secretary. INTERAGENCY TEXTILE Mcf rate was subject to rejection as of the date of issuance of the order in the [F.R. Doc. 68-3155; Filed, Maf. 14, 1968; event the Permian court stay is dissolved 8:45 a.m .] ADMINISTRATIVE COMMITTEE or the moratorium provision in Opinion COTTON TEXTILES AND C9I!2,N Nos. 468 and 468-A are upheld ultimately [Docket No. CP68-244] TEXTILE PRODUCTS UNDER LONG­ upon judicial review. TERM ARRANGEMENT REGARD­ Since Redfern’s proposed rate exceeds TRUNKLINE GAS CO. ING INTERNATIONAL TRADE the applicable area base rate prescribed Notice of Application in Opinion No. 468, as amended, it should COTTON TEXTILES M a rch 8, 1968. Take notice that on March 5, 1968, Tariff Schedules of U.S. Annotated 1 Address is: Post Office Box 1747, Midland, Trunkline Gas Co. (Applicant), Post Numbers Tex. Attention: John J. Redfern, Jr. Office Box 1642, Houston, Tex. 77001, M arch 12, 1968- 2 Sale being made under small producer filed in Docket No. CP68-244 an applica­ certificate issued July 20, 1967, in Docket No. There was published in the CS67-66. „ „ . tion pursuant to section 7 (c) of the R e g is t e r on January 17, 196 3 The stated effective date is the effective Natural Gas Act for a certificate of date proposed by Redfern. public convenience and necessity author­ 582), a list of the Tariff Schedules of the * Effective subject to refund in Docket No. izing it to interconnect its facilities with U.S. Annotated Numbers arranged by RI62—290; included in Permian Basin order those of Tennessee Gas Pipeline Co., a 64 Categories of cotton textiles an ^ to Show Cause issued Aug. 5, 1965, in Docket division of Tenneco, Inc. (Tennessee), ton textile products to be used by Nos. AR61-1, et al. near Applicant’s Compressor Station No. B Favored-nation rate increase.

FEDERAL REGISTER, VOL. 33, NO. 52— FRIDAY, MARCH 15, 1968 NOTICES 4601

United States in administering the Long- authorized, (b) for future stock divi­ hereby is, reserved with respect to the Term Arrangement Regarding Interna­ dends, and (c) to permit the acquisition expense thereof. tional Trade in Cotton Textiles beginning of operating properties or securities of on January 1, 1968. The purpose of this one or more public-utility companies. For the Commission (pursuant to notice is to announce the following The proposed amendment will require the delegated authority). amendments to the aforesaid list: affirmative vote of ¿he holders of the [ s e a l ] ' O rval L. DtrBois, 1. The unit of measure for Category majority of the 47,448,903 outstanding Secretary. 62 is amended to read “Pounds” instead shares of common stock. AEP intends to of “Dozen”. [F.R. Doc. 68-3179; Filed, Mar. 14, 1968; solicit proxies, which are to be mailed on 8:47 a m .] 2. T.S.U.S.A. Nos. 380.3993 and or about March 20, 1968, the date of 380.3995 and the description of the same record for voting eligibility, from its are striken and amended to read common stockholders to obtain the requi­ [70-4598] “380.3994 Other.” site approval of the proposed amend­ 3. T.S.U.S.A. Nos. 382.3393 and ment. AEP proposes to make telephonic, AMERICAN NATURAL GAS CO. 382.3395 and the description of the same telegraphic, or personal solicitation to Notice of Proposed Issue and Sale of are striken and amended to read some stockholders through its officers Installment Notes to Banks and “382.3394 Other.” and regular employees. Proposed Charter Amendment and 4. TJS.U.S.A. No. 390.3980 is striken It is stated that the fees and expenses, and amended to read “380.3980.” excluding State taxes, of AEP to be paid Order Authorizing Solicitation of Accordingly, the list of Long-Term In­ in connection with the proposed amend­ Proxies ternational Cotton Textile Agreement ment will not exceed $5,000, including M a r c h 11, 1968. Categories by Tariff Schedules of the U.S. legal fees. It is further stated that no Annotated Numbers published in the Notice is hereby given that American State commission and no Federal com­ Natural Gas Co, (“American Natural” ), Federal R egister on January 17, 1968 mission, other than this Commission, has (33 F.R. 582), is hereby amended. 30 Rockefeller Plaza, Suite 4950, New jurisdiction over the proposed transac­ York, N.Y. 10020, a registered holding S t a n l e y N e h m e r , tions. AEP has filed its proxy solicitation company, has filed a declaration and an Chairman, Interagency Textile material and requests that the effective­ amendment thereto with this Commis­ Administrative Committee, ness of its declaration with respect to the sion pursuant to the Public Utility Hold­ and Deputy Assistant Secre­ solicitation be accelerated as provided in ing Company Act of 1935 ("Act” ) , desig­ tary for Resources. Rule 62. nating sections 6, 7, and 12(e) of the Act [FH. Doc. 68-3184; Piled, Mar. 14, 1968; Notice is further given that any inter­ and Rule 62 promulgated thereunder as 8:47 a.m .] ested person may, not later than applicable to the transactions proposed. March 29,1968, request in writing that a All interested persons are referred to the hearing be held on such matter, stating declaration, which is summarized below, the nature of his interest, the reasons for for a complete statement of the proposed SECURITIES AND EXCHANGE such request, and the issues of fact or transactions. law raised by said declaration which he American Natural proposes to issue COMMISSION desires to controvert; or he may request and sell its installment promissory notes that he be notified if the Commission [70-4597] to two banks in an aggregate principal should order a hearing thereon. Any such amount of $27 million. The banks and AMERICAN ELECTRIC POWER CO., request should be addressed: Secretary, their commitments are as follows: First Securities and Exchange Commission, INC. National City Bank, New York, N.Y., $18 Washington, D.C. 20549. A copy of such million, and Manufacturers Hanover ^°i’ce. Proposed Amendment of request should be served personally or Trust Co„ New York, N.Y„ $9 million. Certificate of Incorporation To In­ by mail (airmail if the person being American Natural intends to borrow $24 served is located more than 500 miles million in May or June 1968 and the crease Authorized Shares of Com- from the point of mailing) upon the mon Stock and Order Authorizing remaining $3 million by the end of the declarant at the above-stated address, year. The notes will be unsecured, and Solicitation of Proxies in Connection and proof of service (by affidavit or, in there is no commitment fee. The notes • herewith case of an attorney at law, by certificate) may be prepaid at any time without should be filed with the request. At any M arch 11, 1968. penalty Unless the prepayment is made time after said date, the declaration as out of the proceeds of borrowings from Ele^rS5 *1 hereby given that American filed or as it may be amended, may be 2 Power Co-, Inc. (“AEP” ) , other banks, in which case a premium of permitted to become effective as provided one-quarter of 1 percent per annum is York’ N-Y- 10004’ a in Rule 23 of the general rules and regu­ payable on the amount prepaid for a d S v o « 1 hol rrrn ^ of the Act and action as it may deem appropriate. Per­ PlSabS £ T lUsated thereunder as ap- amount of the commitment of each bank. sons who request a hearing or advice as The notes will be dated as of the date of SitSestei ? e proposed transactions. All to whether a hearing is ordered, will re­ dedaraH nnpei??rif are referred to the issuance and will mature serially to ceive notice of further developments in October 31, 1973, as follows: $5 million for aS notes banks become effective forthwith pursuant to commercial paper notes, heretofore of each succeeding February, May, Rule 62, and that jurisdiction be, and it August, and November. Interest will be

FEDERAL REGISTER, VOL. 33, NO. 52— FRIDAY, MARCH 15, 1968 4602 NOTICES computed on a bond interest basis and service (by affidavit or, in case of an at­ Carolina legal reserve life insurance com­ will be payable quarterly on the last day torney at law, by certificate) should be pany. Its capitalization consists of 5 mil­ of January, April, July, and October. filed with the request. At any time after lion shares of capital stock, all of which American Natural will use the pro­ said date, the declaration, as amended are outstanding. Under section 2(a)(3) ceeds of the notes, together with funds or as it may be further amended, may be of the Act, since Fund holds 7.9 percent generated internally, to acquire addi­ permitted to become effective as provided of the capital stock of Liberty Life and tional shares of the common stock of its in Rule 23 of the general rules and regu­ Liberty Life and Applicant may be subsidiary companies in order to pro­ lations promulgated under the Act, or deemed under common control,. Liberty vide funds to be applied by such com­ the Commission may grant exemption Life is an affiliate of Fund and Applicant panies toward financing their 1968 from such rules as provided in Rules is an affiliate of Liberty Life. construction programs, estimated to 20(a) and 100 thereof or take such other On January 22, 1968 Applicant aggregate $150 million. The notes will be action as it may deem appropriate. Per­ directed an offer to all of the share­ paid from funds generated internally. sons who request a hearing or advice as holders of Liberty Life, undertaking to American Natural also proposes to to whether a hearing is ordered will exchange one share of Applicant’s com­ amend its certificate of incorporation, receive notice of further developments in mon stock for each outstanding share of pursuant to the General Corporation Law this matter, including the date of the Liberty Life’s capital stock. The effec­ of the State of Delaware, to increase its hearing (if ordered) and any postpone­ tiveness of this offer is contingent upon authorized capital stock from 15,650,000 ments thereof. the receipt by Applicant of 95 percent of shares of par value of $10 common stock It appearing to the Commission that the outstanding shares of Liberty Life to 17 million shares. At January 31, 1968, American Natural’s declaration regard­ capital stock, subject however, to the American Natural had outstanding ing the proposed solicitation of proxies right of Applicant to declare the offer 15,512,232 shares of common stock and should be permitted to become effective effective upon the receipt of not less 116,511 shares reserved for issuance to forthwith pursuant to Rule 62: than 80 percent of the outstanding shares holders of outstanding options, leaving It is ordered, That the declaration re­ of Liberty Life capital stock. The offer 21,257 shares‘ available for other pur­ garding the proposed solicitation of expires on March 22, 1968, or on such poses. American Natural deems it ad­ proxies be, and hereby is, permitted to date prior thereto as Applicant shall have visable that additional authorized shares become effective forthwith pursuant to received 95 percent of the outstanding of its common stock be made available Rule 62 and subject to the terms and stock of Liberty Life. As of February 26, for general corporate purposes. conditions prescribed in Rule 24 under 1968 holders of 88.93 percent of the stock of Liberty Life had tendered their shares Adoption of the proposed amendment the Act. will require the favorable vote of the in acceptance of the exchange offer. holders of a majority of the common For the Commission (pursuant to dele­ immediately upon the effectiveness of stock of American Natural entitled to gated authority). the offer the only asset of Applicant will be the shares of Liberty Life and $500 in vote at its annual meeting of stock­ [ s e a l ] O r v a l L. DtrBois, holders to be held on April 24, 1968. Secretary. cash representing initial capital required American Natural intends to submit the under South Carolina law. Since the offer [F.R. Doc. 68-3180; Filed, Mar. 14, 1968; is on a share for share basis to each proposed amendment to its common 8:47 a.m .] stockholders for their approval at such shareholder of Liberty Life, if the offer meeting. In connection therewith, Ameri­ becomes effective the shareholders of can Natural proposes, pursuant to Rule [812-2286] Applicant will own the same proportion­ 62 under the Act, to solicit proxies from ate interest in Liberty Life, through their holders of its outstanding common stock LIBERTY CORP. holdings in Applicant, as they to be voted at the annual meeting. prior to the effectiveness of the offer. The Notice of Filing of Application for immediate effect of the offer will be Fees and expenses to be incurred in Order Exempting Transaction merely to change the manner of holding connection with the proposed transac­ M arch 11,1968. the investment in Liberty Life of the tions are estimated at $4,500, including former shareholders of that company. legal fees of $2,500. The declaration states Notice is hereby given that The Liberty that no State commission and no Federal Corp. (“Applicant” ) , Post Office Box 789, Neither Applicant nor Liberty Life has commission, other than this Commission, Greenville, S.C., a South Carolina cor­ any director or officer in commofi with has jurisdiction over the proposed trans­ poration, has filed an application pur­ the Fund or with its investment adviser and underwriter, Insurance & Secunties, actions. suant to sections 6(c) and 17(b) of the Investment Company Act of 1940, 15 Inc., and neither Applicant nor Liberty American Natural has requested that Life controls, is controlled by, or is under the effectiveness of its declaration with U.S.C. section 80a-l et seq. (“Act” ) , for an order exempting from the provisions common control with the Fund or sai respect to the solicitation of proxies from adviser. Neither Applicant (which has no its common stockholders be accelerated of section 17(a) of the Act the proposed purchase by Applicant from Insurance subsidiaries) nor Liberty Life or its su - as provided in Rule 62. sidiaries owns any shares or has any Notice is further given that any inter­ Securities Trust Fund (“Fund” ) , a regis­ tered open-end diversified investment ownership interest in the Fund or sa ested person may, not later than April 8, adviser. 1968, request in writing that a hearing company, of 397,594 shares (7.9 percent) of the outstanding capital stock of Section 17(a) of the Act, as here perti­ be held with respect to the proposed is­ nent, prohibits an affiliated person sue and sale of notes and the proposed Liberty Life Insurance Co. (“Liberty Life” ) in exchange for 397,594 shares of registered investment company, amendment of the Certificate of Incor­ affiliated person of such a Prison, fr_ poration, stating the nature of his in­ common stock of Applicant, as part of a terest, the reasons for such request, and plan of exchange described below. All selling to or purchasing from such interested persons are referred to the tered company any securities or o the issues of fact or law raised by said property unless the Commission, upon declaration which he desires to con­ application on file with the Commission for a statement of the representations application pursuant to section 1* • trovert; or he may request that he be grants an exemption from the provi notified if the Commission should order made therein, which are summarized be­ low. of section 17(a) after finding that the a hearing thereon. Any such request terms of the proposed transaction, should be addressed: Secretary, Securi­ Applicant was incorporated on No­ vember 27, 1967, for the purpose of be­ eluding the consideration to be paid ties and Exchange Commission, Wash­ received, are reasonable and fair and ington, D'.C. 20549. A copy of such re­ coming the parent of Liberty Life. Its quest should be served personally or by capitalization consists of 2 million shares not involve overreaching ° n. of preferred stock, of which no shares are any person concerned and that tne p mail (airmail if the person being served posed transaction is consistent with is located more than 500 miles from the outstanding, and 10 million shares of common stock, of which 75 shares are policy of such investment comP8^ . 8, point of mailing) upon the declarant at with the general purposes of the Act. the above-stated address, and proof of outstanding. Liberty Life is a South

FEDERAL REGISTER, VOL. 33, NO. 52— FRIDAY, MARCH 15, 1968 NOTICES 4603 Section 6(c) of the Act provides that Edison is a subsidiary company of Al­ 20549. A copy of such request should be the Commission, by order upon applica­ legheny Power System, Inc., also a reg­ served personally or by mail (airmail if tion, may conditionally or uncondition­ istered holding company. Applicants- the person being served is located more ally exempt any person, security or declarants have designated sections 6, than 500 miles from the point of mailing) transaction from any provision or provi­ 7, 9, 10, and 12 o i the Act and Rules 43 upon the applicants-declarants at the sions of the Act, if and to^ie extent that and 44 promulgated thereunder as ap­ above-stated address, and proof of serv­ such exemption is necessa^ or appropri­ plicable to the proposed transactions. ice (by affidavit, or, in case of an attorney ate in the public interest and consistent All interested persons are referred to the at law, by certificate) should be filed with the protection of investors and the joint application-declaration, which is with the request. At any time after said purposes fairly intended by the policy summarized below, for a complete state­ date, the joint application-declaration, as and provisions of the Act. ment of the proposed transactions. filed or as it may be amended, may be Notice is further given that any in­ PE-Pa, PE-Va and PE-W. Va. (here­ granted and permitted to become effec­ terested person may, not later than inafter collectively referred to as the tive as provided in Rule 23 of the general March 21, 1968, at 5:30 p.m., submit to “Subsidiary Companies” ), in order to rules and regulations promulgated under the Commission in writing a request for provide funds for necessary property ad­ the Act, or the Commission may grant a hearing on the matter accompanied by ditions and improvements, will issue and exemption from such rules as provided a statement as to the nature of his inter­ sell, from time to time prior to Decem­ in Rules 20(a) and 100 thereof or take est, the reason for such request and thè ber 31, 1968, to Potomac Edison shares such other action as it may deem appro­ issues of fact or law proposed to be con­ of their authorized but unissued common priate. Persons who request a hearing troverted, or he may request that he be stock, for a cash consideration equal to or advice as to whether a hearing is notified if the Commission shall order a the aggregate par or stated value there­ ordered, will receive notice of further de­ hearing thereon. Any such communica­ of, as follows: velopments in this matter, including the tion should be addressed: Secretary, date of the hearing (if ordered) and any Securities and Exchange Commission, Number Cash postponements thereof. Washington, D.C. 20549. A copy of such Name of company of shares considera­ tion For the Commission (pursuant to dele­ request shall be served personally or by gated authority). mail (airmail if the person being served PE-Pa.: 500 [ s e a l ] O rval L . D u B o is , is located more than miles from the Common stock, stated value Point of mailing) upon Applicant at the $5 per share...... 180,000 $900,000 Secretary. address set forth above. Proof of such PE-Va.: Common stock, par value [F R . D oc. 68-3182; Filed, Mar. 14, 1968; service (by affidavit or in case of an $100 per share...... 12,000 1,200,000 8:47 a.m .] attorney at law by certificate) shall be PE-W. Va.: Common stock, par value filed contemporaneously with the re­ $100 per share...... 38,000 quest. At any time after said date, as pro­ 3,800,000 ROVER SHOE CO. vided by Rule 0—5 of the rules and regu­ lations promulgated under the Act, an Potomac Edison owns all of the out­ Order Suspending Trading standing shares of the common stock of order disposing of the application herein M arch 11, 1968. may be issued by the Commission upon the Subsidiary Companies, and has pledged them under the indenture dated It appearing to the Securities and Ex­ the basis of the information stated in change Commission that the summary said application, unless an order for as of October 1, 1944, as supplemented, securing its first mortgage and collateral suspension of trading in the common nearing upon said application shall be stock of Rover Shoe Co., Bushnell, Fla., issued upon request or upon the Com­ trust bonds. Potomac Edison will simi­ larly pledge the shares of common stock and stock purchase warrants of Rover mission’s own motion. Persons who re- Shoe Company being traded otherwise aU^ 5 bearing or advice as to whether proposed to be acquired. The fees and expenses to be paid in than on a national securities exchange is order©d will receive notice required in the public interest and for the w lurther developments in this matter, connection with the issue, sale, and ac­ quisition of the shares of common stock protection of investors : ^ date of the hearing (if It is ordered, Pursuant to section 15 ordered) and any postponements thereof. of the Subsidiary Companies are esti­ mated to. total $670, including counsel (c) (5) of the Securities Exchange Act of For the Commission (pursuant to dele­ fees of $300. 1934, that trading in such securities gated authority). otherwise than on a national securities The j o i n t application-declaration exchange be summarily suspended, this [SEAL] ORVAL L. DUBOIS, states that the Pennsylvania Public order to be effective for the period Secretary. Utility Commission has jurisdiction over the issue of the common stock by PE-Pa; March 12, 1968, through March 21, 1968, [F.R, Doc. 68-3181; Piled, Mar. 14, 1968; both dates inclusive. 8:47 a.m.J the State Corporation Commission of Virginia has jurisdiction over the issue By the Commission. and acquisition of the common stock of [ s e a l ] O rval L . D u B o i s , [70-4603] PE-Va.; and the Public Service Commis­ sion of West Virginia has asserted juris­ Secretary. POTOMAC EDISON CO. ET AL. diction over the acquisition of all of the [F.R. Doc. 68-3183; Filed, Max. 14, 1968; 8:47 a.m .] N«°nÌÌe* 0f Proposed lssue and Sale, common stocks by Potomac Edison. The ana Acquisition of Common Stock orders of these commissions, when issued, will be filed herein by amendment. No M arch 11, 1968, other State commission, or Federal com­ mission, other than this Commission, has INTERSTATE COMMERCE PotonS p ï hereby given that T jurisdiction over said transactions. 200 Pncf ^°‘ (“Potomac Edison’ Notice is further given that any in­ COMMISSION terested person may, not later than April is t e r e d T S ^ ^ company an<* a re [Ex Parte No. 259; Special Permission sidiarv company, and its su 2,1968, request in writing that a hearing 68-4000] be held on such matter, stating the na­ The p°tomac Edis- INCREASED FREIGHT RATES, 1968 The^P/S^ °f Pennsylvania (“PE-Pa.' ture of his interest, the reasons for such request, and the issues of fact or law At a General Session of the Interstate ginia (‘‘S M 7-!,E»?SOn Company of Vi raised by said joint application-declara­ Edison CrvmrZ3” *. anc* The Potom Commerce Commission held at its office W. Va »')°I?Pan^ of West Virginia (“F tion which he desires to controvert; or he in Washington, D.C., this 8th day of may request that he be notified if the March 1968. declaration a ^oint aPPhcatio: Commission should . order a hearing suant Z 5? ™th *** Commission, pu Upon consideration of a petition filed thereon. Any such request should be ad­ by Edward A. Kaier, and other attorneys, a ® * P"“ « Utility Holding Coi dressed: Secretary, Securities and Ex­ ^ Act » ! 1935 (“Act”). Potom, dated March 7,1968, for and on behalf of change Commission, Washington, D.C. substantially all Class I Railroads of the

No. 62------7 FEDERAL REGISTER, VOL. 33, NO. 52— FRIDAY, MARCH 15, 1968 4604 NOTICES

United States, and some railroads of mitted. This and all other relief from the 15, and 15a of the Interstate Commerce other classifications, and on behalf of Commission’s tariff-publishing rules Act (49 U.S.C. sections 4, 6, 15, and 15a) certain water and motor carriers having authorized herein shall expire with any person may submit statements, with joint rates with said railroads, for au­ March 8,1969. or without exhibits attached, as set forth thority to depart from the Commission’s 4. Outstanding orders of the Commis­ hereinafter. All such statements shall be tariff-publishing rules to the extent nec­ sion are modified only to the extent duly verified in the manner provided by essary to enable such carriers to publish necessary to permit the filing of tariffs Rule 1.50 and Form No. 6 of the general containing the proposed increased rates rules of practice. general increases in varying amounts in (a) Statements in support of petition freight rates and charges by means of a andcharges, and all tariffs filed shall master tariff and other short-form meth­ be subject to protest, suspension, or re­ and in justification of proposed tariffs ods, and for modification of all outstand­ jection. shall be filed and served on or before ing orders of the Commission to the And it is further ordered, That notice March 25,1968. An original and 24 copies extent necessary to permit only the publi­ of this order be given to the general of such statements shall be furnished to public by depositing a copy in the Office the Commission, a copy served upon cation of the aforesaid increases in rates each party of record in Ex Parte No. 256, , and charges; of the Secretary of the Commission at For good cause shown; It is ordered: Washington, D.C., and by filing it with and one copy shall be sent by first-class 1. Carriers for and on whose behalf the the Director, Office of the Federal Reg­ mail to each of the Regional Offices of above-mentioned petition was filed, and ister. the Commission listed in the appendix to this order, where it will be open to their tariff-publishing agents, be, and By the Commission. they are hereby, authorized to depart public inspection. A copy of such state­ from the Commission’s tariff-publishing [ s e a l ] H. N e il G a rso n , ments shall be furnished to any inter­ rules when posting and filing tariffs to Secretary. ested person upon request. Evidence in become effective on not less than 75 days’ support of the petition to meet the peti­ notice to the Commission and to the pub­ [F.R. Doc. 68-3185; Filed, Mar. 14, 1968; tioners’ burden of proof shall be respon­ lic but not earlier than May 27, 1968, 8:47 a.m.] sive to the admonitions of the Commis­ providing for increased rates and charges sion as set forth at pages 283 through set forth above in the following manner: [Ex Pajrte No. 259] 290 of the final report in Docket No. 256, “Increased Freight Rates, 1967.” (a) By publication and filing of a INCREASED FREIGHT RATES, 1968 master tariff of increased rates and (b) On or before April 22, 1968, any party opposing the above-described tar­ charges, which shall contain a provision M a rch 12,1968. iffs and petition may file and serve veri­ reading substantially as follows: At a General Session of the Interstate fied statements as provided hereinafter. In the event any Increases resulting from Commerce Commission, held at its office An original and 24 copies of each ven­ the application of this tariff exceed the in­ in Washington, D.C., on the 12th day of ded statement shall be furnished to the creases subsequently approved or prescribed March A.D. 1968. by the Interstate Commerce Commission, the Commission. Service of 25 copies upon carriers will refund the difference between It appearing, that on March 11, 1968, Mr. Edward A. Kaier, 1036 Transporta­ the increases resulting from the application substantially all of the Class I railroads tion Building, Washington, D.C., shall o f t.hig tariff and any increases w h ich m ay and many other railroads filed sched­ constitute service upon all petitioners. subsequently be approved or prescribed by ules of increased freight rates and One copy of each statement shall be sent the Interstate Commerce Commission. charges under authority of section 6 of by first-class mail to each of the Regions In the event an increase resulting from the Interstate Commerce Act and Special Offices of the Commission, where it will the application of this tariff is disapproved Permission Order No. 68-4000 issued by be open to public inspection. A copy shall by the Commission and no increase is au­ the Commission said tariff schedules to thorized, the carriers will refund the full be furnished to any interested person amount of the increase collected. become effective May 27, 1968, subject lpon request. , - . to possible investigation and suspension (c) In lieu of such verified statements, (b) By publication and filing of con­ by the Commission as provided by the protests against the above-described necting-link supplements to one or more Act; ;ariffs may be filed by any interested tariffs connecting such a tariff or tariffs It further appearing, that on March 7, larty in accordance with the provision with the master tariff of increased rates 1968, the above railroads together with if Rule 42 of the general rules of prac­ and charges. certain water and motor carriers filed a tice, provided, however, that such pro­ (c) By publication and filing of tariffs petition requesting the issuance of or­ tests are filed with the Commission an or supplements of specific increased ders granting relief from outstanding served upon the petitioners on or nei rates and charges, subject to the same orders entered by the Commission in April 22,1968. provision concerning refunds as con­ previous cases, for relief from section 4 (d) Replies by petitioners to verified tained in paragraph 1 (a ); and of the Act, and for all other relief neces­ statements and protests of opp?^f p (d) By publication of provisions in sary to permit the aforesaid schedules to may be filed and served on or before tariffs or supplements subjecting the go into effect without suspension but A p ril 29, 1968. An original and 24 copie rates and charges therein to the pro­ subject to the condition that refund be shall be furnished to the Commission ana visions of the master tariff. made in the event that, after full in­ the person whose verified stateme 2. (1) Master tariffs, supplements vestigation, no increase qr a lesser in­ being replied to shall be served with a thereto, and supplements to tariffs which crease than that set forth in the copy of the reply by fhst-class a are issued in short-form method shall schedules is allowed with respect to par­ copy of each verified reply bear notation reading substantially as ticular rates;' and also asking that the shall be sent to each of the Regiona follows: Commission grant all final relief, after flees of the Commission where it wh The form of this publication is permit­ complete investigation, necessary to the open to public inspection. A copy shan a ted by authority of Interstate Commerce charging of the aforesaid increased rates furnished to any interested par y Commission Permission No. 86-4000 of andcharges: request. I , . . March 8,1968. It is ordered, That pursuant to the It is further ordered, That briefssup (2) Other tariffs or supplements con­ provisions of section 17 of the Interstate plemental to or in lieu of oral a g taining specific increased rates or Commerce Aot, 49 U.S.C. section 17, as­ may be filed and served on or before charges shall bear notation reading: signment of responsibilities to any Divi­ May 6, 1968. Filing and sendee by P sion or Board with respect to the matters ties opposing the petition and tanffs sh^ This publication is issued under authority conform to the requirements^regarding of Interstate Commerce Commission Per­ presented by the above-described peti­ mission No. 68-4000 of March 8, 1968. tion are hereby rescinded as to this pro­ verified statements set f orth i . by graph (b) above. Filing and service y 3. Connecting-link supplements au­ ceeding and the determination thereof reserved to the Commission. the petitioners shall be as provided xo thorized herein shall be exempt from verified statements subParag^ hupon the Commission’s tariff-publishing rules It is further ordered, That under sec­ tion 4 of the Administrative Procedure above, except that in lieu of ser e P relating to the number of supplements parties of record in Docket No. and volume of supplemental matter per- Aot (5 U.S.C. section 553), sections 4, 6,

FEDERAL REGISTER, VOL. 33, NO. 52— FRIDAY, MARCH 15, 1968 NOTICES 4605 service shall be made upon parties filing Grounds for relief—New station and person may file a petition seeking re­ and serving protests and statements in grouping. opposition in this proceeding. consideration of the following numbered By the Commission. proceedmgs within 20 days from the date It is further ordered, That an oral of publication of this notice. Pursuant argument will be held before the Com­ [seal] h . N e il G a r s o n , to section 17(8) of the Interstate Com­ mission at its offices in Washington, Secretary. merce Act, the filing of such a petition D.C., begining at 10 a.m.( May 16, 1968. [F.R. Doc. 68-3187; Filed, Mar. 14, 1968; will postpone the effective date of the Any person desiring to participate in 8:47 a.m.] order in that proceeding pending its oral argument shall, on or before May 1, disposition. The matters relied upon by 1968, request an allotment of time. The petitioners must be specified in their oral argument will include the issues of FOURTH SECTION APPLICATIONS FOR petitions with particularity. whether to grant the relief requested in RELIEF No. MC-FC-70123. By order of Feb­ the above-described p e t i t i o n , and ruary 29, 1968, the Transfer Board ap­ whether to suspend or investigate the M a rch 12, 1968. Protests to the granting of an appli­ proved the transfer to Charles E. proposed tariff schedules in whole or in Danbury Co., a corporation, Williams­ part. cation must be prepared in accordance with Rule 1100.40 of the general rules of burg, Ohio, of the operating rights in And it is further ordered, That a copy practice (49 CFR 1100.40) and filed permit Nos. MC-21684 (Sub-No. 6), of this order be filed with the Director, within 15 days from the date of publica­ MC—21684 (Sub-No. 8), MC-21684 (Sub- No. 10), MC-21684 (Sub-No. 12), MC- Office of the Federal Register, for publi­ tion of this notice in the F ederal R e g is t e r . 21684 (Sub-No. 13), MC-21684 (Sub-No cation in the F ederal R eg iste r as notice 15), MC-21684 (Sub-No. 18), and to Interested parties. L o n g - a n d -S h o r t H au l MC-21684 (Sub-No. 19), issued Septem­ By the Commission. FSA No. 41257—Petroleum products ber 11, 1951, September 11, 1951, Sep­ tember 11, 1951, September 11, 1951 [seal] h . N e il G a r s o n , and related articles from Plaquemine, La. Filed by Southwestern Freight Bureau, August 30, 1956, June 2. 1958, June 27, Secretary. 1963, and August 19, 1964, respectively, A p p e n d i x agent (No. B-9050), for interested rail carriers. Rates on petroleum, petroleum to Charles E. Danbury, Inc., Williams­ Regional Offices of the Commission to burg, Ohio, authorizing the transporta­ which a copy o f verified statem ents are to products, and related articles, in tank carloads, as described in the application, tion of commercial motor vehicle trailers, be sent. Other copies are to be sent to the trailer chassis, and accessories and equip­ Commission, W ashington, D.C. 20423, as*pro­ from Plaquemine, La., to points in south­ vided by the order. ern, southwestern, and western trunk­ ment therefor, in or attached to the Regional Office, Interstate Commerce Com­ line territories, also returned shipments transported trailers, in initial move­ mission, John Fitzgerald Kennedy Building, in the reverse direction. ments, in truckaway service, commercial Government Center, Room 2211B, Boston. Grounds for relief—Market competi­ motor vehicle trailers, trailer chassis, Mass. 02203. tion. and accessories and equipment therefor, Regional Office, Interstate Com m erce C om ­ Tariffs—Supplement 175 to South­ in or attached to the transported trailers, mission, 900 U.S. Custom house, Second in secondary movements, in truckaway and Chestnut Streets, Philadelphia, Pa. western Freight Bureau, agent, tariff 19106. ICC 4486, and other schedules named in service, new trailers and semitrailers, Regional Office, Interstate Com m erce C om ­ the application. other than those designed to be drawn by mission, 1252 W est Peachtree Street N W „ FSA No. 41258—Ethylbenzene from, to, passenger automobiles, and chassis Atlanta, Oa. 30306. and between points in southwestern and therefor, in initial movements, in truck­ Regional Office, Interstate C om m erce C om ­ away service, over irregular routes, truck mission, 1086 U.S. C ourthouse & Federal midcontinent territories. Filed by South­ western Freight Bureau, agent (No. bodies and trailer bodies and accessories Office Building, 219 South Dearborn Street, and equipment therefor when moving in Chicago, 111. 60604. B-9053), for interested rail carriers. connection therewith, over irregular Regional Office, Interstate Com m erce Com ­ Rates on ethylbenzene, in tank carloads, mission, Room. 9A27, Federal B uilding, 819 from, to, or between points in south­ routes, trailers, other than those designed ~7yl°r Street, Fort Worth, Tex. 76102. western and midcontinent territories, to be drawn by passenger automobiles, Regional Office, Interstate Com m erce C om ­ and returned shipments from origi­ trailer chassis, and accessories and mission, Federal Office Building, 450 nal destinations to original points of equipment therefor, pressure vessel tank wm en Gate Avenue, Post Office Box 36004, trailers, in initial movements, by truck­ »an Francisco, Calif. 94102. shipments. Grounds for relief—Carrier competi­ away method, and accessories and [F.R. Doc. 68-3186; Filed, Mar. 14, 1968; tion. equipment therefor, in or attached to the 8:47 a.m.] Tariffs—Supplement 25 to South­ transported trailers, cargo containers western Freight Bureau, agent, tariff designed to be fastened or mounted on specially built chassis or cargo-carrying fourth s e c t io n application f o r ICC 4714, and other tariffs named in the application. vehicles and parts and accessories there­ RELIEF for when moving with such containers, By the Commission. trailers (except those designed to be xviAtttn o, lijo- drawn by passenger automobiles), and Protests to the granting o f an appli [ s e a l ] h . N e il G a r s o n , Secretary. trailer chassis, in initial movements, in on must be prepared in accordance v truckaway service, from, to, and between h 1100-40 of the general rules [F.R. Doc. 68-3188; Filed, Mar. 14, 1968; all points in the United States, varying 8:48 a.m .] (49 CPR1100-40) and filed wi with the commodities transported. Jack x,. days from the date o f publicatioi B. Josselson, 700 Atlas Bank Building [Notice 105] Cincinnati, Ohio 45202, attorney for notice in the F ederal R e g is t e r . applicants. L ong- an d-S h o r t H a u l MOTOR CARRIER TRANSFER No. MC-FC-70152. By order of Feb­ PROCEEDINGS —Class and commoi ruary 29, 1968, the Transfer Board M arch 8, 1968. approved the transfer to Arbe Transfer FiitJ and io Burnham Siding, i Co., Inc., Jersey City, N.J., of a portion A ^ w ° - W- South' agent (: Synopses of orders entered pursuant of the operating rights in certificate No. to section 212(b) of the Interstate Com­ . ’ *or Interested rail carriers. Ra MC-127163 issued October 21, 1965, to property moving on class and cc merce Act, and rules and regulations Louis Mauro, Summit, N.J., authorizing prescribed thereunder (49 CFR Part ity rates, between Burnham Sidi 27 9), appear below: the transportation of, various commodi­ ties of a general commodity nature, and Unitp^Qw °ne hand> and Points in As provided in the Commission’s spe­ a States and Canada, on the otl general commodities, with the usual ex­ cial rules of practice any interested ceptions, between specified points in New

FEDERAL REGISTER, VOL. 33, NO. 52— FRIDAY, MARCH 15, 1968 4606 NOTICES

York and New Jersey. George A. Olsen, CFR Part 340) published in the F ederal to operate as a common carrier, by motor 69 Tonnele Avenue, Jersey City, N.J. R egister, issue of April 27,1965, effective vehicle, over irregular routes, transport­ 07306, registered practitioner. July 1, 1965. These rules provide that ing: Anhydrous ammonia, in bulk, in No. MC-FC-70153. By order of Feb­ protests to the granting of an application tank vehicles, from Hercules, Inc., plant ruary 29, 1968, the Transfer Board ap­ must be filed with the field official named near Louisiana, Mo., to points in proved the transfer to Casco Services, in the F ederal R egister publication, Arkansas, Kansas, Kentucky, Missouri, Inc., Fanwood, N.J., of a portion of the within 15 calendar days after the date of Illinois, Iowa, Indiana, Michigan, operating rights in certificate No. MC- notice of the filing of the application is Minnesota, Nebraska, South Dakota, 127163, issued October 21, 1965, to Louis published in the F ederal R egister. One Wisconsin, and Oklahoma, for 150 days. Mauro, Summit, N.J., authorizing, the copy of such protest must be served on Supporting shipper: Hercules, Inc., 120 transportation of, general commodities, the applicant, or its authorized repre­ Oakbrook Center Mail, Oak Brook, 111. with the usual exceptions, between speci­ sentative, if any, and the protests must 60521 (A. Good, District Traffic Man­ fied points in New Jersey on the one certify that such service has been made. ager). Send protests to: Keith P. Kohrs, hand, and, on the other, New York, N.Y. The protests must be specific as to the District Supervisor, Interstate Commerce George A. Olsen, 69 Tonnele Avenue, service which such protestant can and Commission, Bureau of Operations, 705 Jersey City, N.J. 07306, registered prac­ will offer, and must consist of a signed Federal Office Building, Omaha, Nebr. titioner. original and six copies. 68102. A copy of the application is on file, No. MC 107129 (Sub-No. 7 TA), filed [seal] H. N eil G arson, March 5, 1968. Applicant: E. K. MOTOR Secretary. and can be examined at the Office of the Secretary, Interstate Commerce SERVICE, INC., 2609 North Broadway, [Fit. Doc. 68-3189; Filed, Mar. 14, 1968; Commission, Washington, D.C., and Joliet, 111. 60435. Applicant’s representa­ 8:48 a jn .] tive: Car 11 V. Kretsinger, Suite 450, also in the field office to which protests Professional Building, 11.03 Grand Ave­ are to be transmitted. nue, Kansas City, Mo. 64106. Authority [Notice 106] M otor Carriers of Property sought to operate as a contract carrier, by motor vehicle, over irregular routes, MOTOR CARRIER TRANSFER No. MC 2428 (SUb-No. 2* T A ), filed PROCEEDINGS transporting: Roofing and building March 4, 1968. Applicant: H. PRANG materials, and supplies used in the in­ M arch 12, 1968. TRUCKING CO., INC., 112 New Bruns­ stallation thereof; and materials, equip­ wick Avenue, Hopelawn, N.J. 08861. Ap­ Synopses of orders entered pursuant ment, and supplies used in the manu­ plicant’s representative: Morton E. Kiel, facture or shipping of roofing and build­ to section 212(b) of the Interstate Com­ 140 Cedar Street, New York, N.Y. Author­ merce Act, and rules and regulations ing materials, between Kansas City, Mo., ity sought to operate as a contract car­ on the one hand, and, on the other, prescribed thereunder (49 CFR Part rier, by motor vehicle, over irregular 279), appear below; points in Brown, Pottawatomie, Atchison, routes, transporting: Expanded urethane Leavenworth, Wabaunsee, Osage, John­ As provided in the Commission’s beams, and commodities used in con­ special rules of practice any interested son, Franklin, Coffey, Linn, Doniphan, nection therewith, and materials used in Jackson, Jefferson, Wyandotte, Shawnee, person may file a petition seeking recon­ the installation and finishing thereof, sideration of the following numbered Douglas, Lyon, Miami, and Anderson and plastic accessories, from Perth Am­ Counties, Kans., for 180 days. Supporting proceedings within 20 days from the boy, N.J., to points in Massachusetts, date of publication of this notice. Pur­ shipper: General Aniline & Film Corp., Rhode Island, Connecticut, New - York, General Traffic Department, South suant to section 17(8) of the Interstate Pennsylvania, Delaware, Maryland, and Commerce Act, the filing of such a peti­ Bound Brook, N.J. 08880. Send protests Washington, D.C., and returned ship­ to: Roger L. Buchanan, District Super­ tion will postpone the effective date of ments in the opposite direction, for 180 the order in that proceeding pending its visor, Interstate Commerce Commission, days. Supporting shipper: Paeco, Inc., Bureau of Operations, Room 1086, 21» disposition. The matters relied upon by 500 Market Street, Perth Amboy, N.J. petitioners must be specified in their South Dearborn Street, Chicago, In- 08861. Send protests to: District Super­ 60604. _. N , petitions with particularity. visor Robert S. H. Vance, Bureau of No. MC-FC-69865. By order of Febru­ No. MC 107496 (Sub-No. 640 TAL Operations, Interstate Commerce Com­ March 4, 1968. Applicant: Kuan ary 28, 1968, the Transfer Board ap­ mission, 970 Broad Street, Newark, N.J. TRANSPORT CORPORATION, Keo- proved the transfer to Holdcroft Trans­ 07102. sauqua Way at Third, 50309, Post Office portation Co., an Iowa corporation, No. MC 52709 (Sub-No. 301 TA ), filed Box 855, Des Moines, Iowa 50304. Appli­ Sioux City, Iowa, of that portion of the March 5, 1968. Applicant: RINGSBY cant’s representative: H. L. Fabn operating rights in certificate No. MC- TRUCK LINES, INC., 3201 Ringsby (same address as above). Autnon y 54837, issued by the Commission, No­ Court, Denver, Colo. 80216. Applicant’s sought to operate as a common carr,e ’ vember 23, 1964, to Charles E. Danbury, representative: Eugene Hamilton (same by motor vehicle, over irregular routes, Inc., Williamsburg, Ohio, authorizing the address as above). Authority sought to transporting: Nitrogen solution (fertili­ transportation of general commodities, operate as a common carrier, by motor zer) , in bulk, in tank vehicles, itom ua over regular routes, between St. Paul- vehicle, over irregular routes, transport­ coin Air Base (Air Park West), Nebr., to Minneapolis, Minn., and Winsted, Minn. ing: General commodities, serving the points in Nebraska, Missouri, K* ’ Donald E. Leonard, Box 2028, 605 South Mohave Steam Electric Generating Wyoming, Colorado, and South O& ’ 14th Street, Lincoln, Nebr. 68501, at­ Plant, Clark County, Nev., as an off- for 150 days. Supporting shipper: iexr torney for applicants. route point in connection with carrier’s Chemicals International, Inc., 507 sat [seal] H. N eil G arson, authorized operations in Nevada. N ote: Street, Sioux City, Iowa SHOl. Sendpr Secretary. Carrier intends to tack with existing tests to: Ellis L. Annett, Oistrict SuPJ visor, Bureau of Operations Intestate [F.R. Doc. 68-3190; Filed, Max. 14, 1968; authority at or near Las Vegas, Nev., 8:48 a.m.] 180 days. Supporting dripper: J. W. Har­ Commerce Commission, 677 * ris, Traffic Manager, Southern California Building, Des Moines, Iowa, 5030«. Edison Co., Post Office Box 351, Los No. MC 111231 (Sub-No. 156 T A h ^ [Notice 566] Angeles, Calif. 90053. Send protests to: March 4, 1968. Applicant: JC££ TRUCK LINES, INC., 610 East Em MOTOR CARRIER TEMPORARY District Supervisor C. W. Buckner, Inter­ state Commerce Commission, Bureau of Avenue, Springdale, Ark. 7^ 64j ^ 26 AUTHORITY APPLICATIONS Operations, 2022 Federal Building, Den­ cant’s representative: John H. Joy > 'M arch 12, 1968. ver, Colo. 80202. North College, Fayetteville, Ar^- mon No. MC 61396 (Sub-No. 201 T A ), filed Authority sought to operate as a j ar The following are notices of filing of carrier, by motor vehicle, over irr S '" , applications for temporary authority ¡March 5, 1968. Applicant: HERMAN under section 210a(a) of the Interstate BROS. INC., 2501 No. 11 Street, Post Of­ routes, transporting: Iran. & fice Box 189, Downtown Station 68101, articles, from the plantsite of J . Commerce Act provided for under the Laughlin Steel Corp., Putnam new rules of Ex Parte No. MC 67 (49 Omaha, Nebr. 68110. Authority sought

FEDERAL REGISTER, VOL. 33, NO. 52— FRIDAY, MARCH 15, 1968 NOTICES 4607

HI., to points in Arkansas, Missouri, Mis­ Weiler, District Supervisor, Interstate mission, Room 369, Federal Building, sissippi, Kansas, Oklahoma, and Texas, Commerce Commission, Bureau of Oper­ Pierre, S. Dak. 57501. for 180 days. Supporting shipper: Jones ations, Room 307, 76 Pearl Street, Port­ No. MC 128527 (Sub-No. 8 TA ), filed & Laughlin Steel Corp., 3 Gateway Cen­ land, Maine 04112. March 4, 1968. Applicant: MAY TRUCK­ ter, Pittsburgh, Pa. 15230. Send protests No. MC 116459 (Sub-No. 39 TA), ING COMPANY, Post Office Box 398, to: District Supervisor D. R. Partney, filed March 4, 1968. Applicant: RUSS 1619 Second Avenue South, Payette, Interstate Commerce Commission, Bu­ TRANSPORT, INC., Post Office Box Idaho 83661. Applicant’s representative: reau of Operations, 2519 Federal Office 4022, Pineville Road, Route 5, Chatta­ C. Marvin May, Post Office Box 398, Building, Little Rock, Ark. 72201: nooga, Tenn. 37405. Applicant’s repre­ Payette, Idaho. Authority sought to op­ No. MC 114239 (Sub-No. 22 TA), filed sentative: Charles Wilbur (same address erate as a common carrier, by motor ve­ March 4, 1968. Applicant: FARRIS as above). Authority sought to operate hicle, over irregular routes, transporting: TRUCK LINE, 3209 South Highway 169, as a common carrier, by motor vehicle, Laminated beams, components and parts St. Joseph, Mo. 64503. Applicant’s repre­ over irregular routes, transporting: Acet­ thereof, from Ontario, Oreg., to points in sentative: Carll V. Kretsinger, 450 Pro­ ylene, argon, carbon dioxide, compressed Washington, Idaho, Montana, Wyo­ fessional Building, Kansas City, Mo. air, helium, hydrogen, nitrogen, oxygen, ming, Utah, Colorado New Mexico, Ne­ 64106. Authority sought to operate as a propane, mapp, and materials incidental vada, and California for 180 days. Sup­ contract carrier, by motor vehicle, over to the use of these commodities on porting shipper: Timber Laminators, irregular routes, transporting: Fertilizer, shipper-owned trailers, from Chatta­ Inc., Post Office Box 397, Ontario, Oreg. fertilizer materials, from points in the nooga, Tenn., to Augusta and Gaines­ 97914. Send protests to: Clyde W. Camp­ Kansas City, Mo.-Kans., commercial ville, Ga.; Enka, N.C.; Greenville, S.C.; bell, District Supervisor, Interstate Com­ zone (as defined by the Commission), to and from Ringgold, Ga.; to Nashville and merce Commission, Bureau of Opera­ points in Missouri, Kansas, Nebraska, Knoxville, Tenn.; Enka, N.C.; Green­ tions, 455 Federal Building & U.S. Court­ Iowa, and South Dakota, for 150 days. ville, S.C.; and return of empty cylinders house, 550 West Fort Street, Boise, Idaho Supporting shipper: W. R. Grace & Co. on shipper-owned trailers, for 180 days. 83702. Agricultural Products Division, Memphis, Supporting shipper: Selox, Inc., Post Of­ No. MC 129697 (Sub-No. 1 T A ), filed Tenn. Send protests to: H. J. Simmons, fice Box 6128, Chattanooga, Tenn. 37401. March 6, 1968. A p p lica n t: RAUL District Supervisor, Interstate Commerce Send protests to: J. E. Gamble, District TAMAYO A. AND JOSE ALFONSO Commission, Bureau of Operations, 1100 Supervisor, Interstate .Commerce Com­ GRIJALVA, Ave. Juarez 544, Ensenada, Federal Oflice Building, 911 Walnut mission, Bureau of Operations, 803-1808 Baja California, Republic of Mexico. Ap­ Street, Kansas City, Mo. 64106. West End Building, Nashville, Tenn. plicant’s representative: Milton W. No. MC 116273 (Sub-No. 103 TA ), filed 37203. Flack, Suite 400,1813 Wilshire Boulevard, March 5, 1968. Applicant: D&L TRANS­ No. MC 116564 (Sub-No. 19 TA), filed Los Angeles, Calif. 90057. Authority PORT, INC., 3800 South Laramie, Cicero, March 4, 1968. Applicant: LEWIS W. sought to operate as a contract carrier, 111. 60650. Applicant’s representative: McCURDY, doing business as Mc- by motor vehicle, over irregular routes, William R. Lavery (same address as CURDY’s TRUCKING CO., 571 Unity transporting: Tin plate or fiber contain­ above). Authority sought to operate as a Street, Latrobe, Pa. 15650. Applicant’s ers, from points in Los Angeles, Riverside, common carrier, by motor vehicle, over representative: Paul F. Sullivan, Colo­ Orange, and San Bernardino Counties, irregular routes, transporting: Diam­ rado Building, 1341 G Street NW„ Wash­ Calif, to port of entry at or near San monium phosphate, in bulk, from (1) ington, D.C. 20005. Authority sought to Ysadro, Calif., and return movements of P^Pue> 111 , to points in Ohio, Illinois, operate as a contract carrier, by motor refused or damaged shipments, for 180 Indiana, Michigan, Wisconsin, Minne­ vehicle, over irregular routes, transport­ days. Supporting shipper: Fabricas Mon­ sota, Iowa, Kansas, Missouri, Nebraska, ing: Malt beverages, in containers, from terrey, S.A., Ensenada, Baja California, North Dakota, and South Dakota, and Latrobe, Pa., to points in North Caro­ Republic of Mexico. Send protests to: (2) from Riverdale and Colfax, 111., to lina, restricted to service performed District Supervisor W. J. Huetig, Inter­ Points in Indiana, Michigan, Missouri, under contract with the Latrobe Brew­ state Commerce Commission, Bureau of utuo, and Wisconsin, and (3) from Des ing Co., for 150 days. Supporting shipper: Operations, Roam 7708, Federal Build­ Moines, Iowa, to points in Kansas, Min­ Latrobe Brewing Co., Latrobe, Pa. Send ing, 300 North Los Angeles Street, Los nesota, Missouri, Nebraska, North Da­ protests to: Frank L. Calvary, District Angeles, Calif. 90012. kota, and South Dakota, and Wisconsin, Supervisor, Bureau of Operations, Inter­ No. MC 129735 TA, filed March 4,1968. or 180. days. Supporting shipper: The state Commerce Commission, 2109 Fed­ Applicant: FLOYD G. HOULISTON, do­ wew Jersey Zinc Co., 160 Front Street, eral Building, 1000 Liberty Avenue, ing business as HOULISTON, St. Croix ew York, N.Y. 10038. Send protests to: Pittsburgh, Pa. 15222. Falls, Wis. 54024. Applicant’s representa­ aymond E. Mauk, District Supervisor, No. MC 127551 (Sub-No. 4 T A ), filed tive: A. R. Fowler, 2288 University Ave­ interstate Commerce Commission, Bu- March 4, 1968. Applicant: GEORGE F. nue, St. Paul, Minn. 55114. Authority reau of Operations, U.S. Courthouse and DAVTS, JRi, doing business as GEORGE sought to operate as a common carrier, “ J*1 Offiee Building, Room 1086, 219 DAVIS TRUCKING COMPANY, 429 East by motor vehicle, over irregular routes 60604 Dearborn street> Chicago, 111. Waterloo Street, Rapid City, S. Dak. transporting: (1) Dirt, rock, sand, gravel, 57701. Authority sought to operate as a and cinders, from points in Polk County! contract carrier, by motor vehicle, over Wis., to points in Chisago, Washington! M?rnhMCi.116282 (Sub“N°- 18 T A ), filed and Ramsey Counties, Minn.; (2) black BAKPRv4,™ i?68- APPUcarit: NEIL’s irregular routes, transporting: Meats, Tt™ ? ^ PRODUCTS TRANSPORT A- meat products, and meat byproducts, top paving mix and washed sand, from Main* 2 *6 Br°ad Street, Auburn, dairy products, and articles distributed points in Washington and Chisago Counties, Minn., to points in Polk County, Marv t^21t0. Applicant’s representative: by meatpacking houses, as described in £ l l Kelley' 10 Tremont Street, sections A, B, and C of appendix 1 to the Wis.; (3) contractors construction equip­ ate nc * Mass- Authority sought to oper- Report in Descriptions in Motor Carrier ment and machinery, between points in hicie ™ c?ntract carrier, by motor ve- Certifioates, 61 M.C.C. 209 and 766 (ex­ Polk County, Wis., and points in Minne­ Bakp’rn 1iregular routes, transporting: cept hides and commodities in tank ve­ sota, for 180 days. Supporting shipper: to Bel in from Middleton, Mass., hicles), from Sioux Falls, S. Dak., to Houliston Contracting Co., Inc., Taylors Falls, Minn. Send protests to: District and re7S Palls and East Montpelier, Vt., points in Boyd, Brown, Cherry, Dawes, vroduot^t^ containers and bakery Holt, Keya Paha, Rock, Sheridan, and Supervisor A. E. Rathert. Interstate Commerce Commission, Bureau of Oper­ Montoen a Bellows Palls and East Sioux Counties, Nebr., for 180 days. Sup­ ations, 448 Federal Building, and U.S. s t r i c t e d Middleton* Mass., re­ porting shipper: John Morrell & Co., formed ,, \ transportation service per- Courthouse, 110 South Fourth Street, Pepnerido^1^ la te ra l contract to 1400 North Weber Avenue, Sioux Falls, Minneapolis, Minn. 55401. for parm, Inc., Norwalk, Conn., S. Dak. 57103 (Claude Stewart, Traffic M o t o r C a r rier o f P assen g ers Manager) . Send protests to: J. L. Ham­ Peridge S m SUTPOrting shiPPer: Pep- No. MC 129736 TA, filed March 4, 1968. Ogocn 0Farm> Inc., Norwalk, Conn. mond, District Supervisor, Bureau of • Send protests to: Donald G. Applicant: NEWTON BUS SERVICE, Operations, Interstate Commerce Corn- INC., Route 1, Box 8-D, Gloucester, Va.

FEDERAL REGISTER, VOL. 33, NO. 52— FRIDAY, MARCH 15, 1968 4608 NOTICES District Supervisor, Interstate Com­ 23061. Applicant’s representative: Alvin ing to Raleigh, Durham, High Point, L. Newton (same address as above). Au­ Thomasville, Winston-Salem, Burling­ merce Commission, Bureau of Opera­ thority sought to operate as a contract ton, Wilson, Rocky Mount, Greensboro, tions, 10-502 Federal Building, Rich­ carrier, by motor vehicle, over irregular and Kinston, N.C., for 180 days. Support­ mond, Va. 23240. ing shippers: Tidewater Community routes, transporting: Passengers and By the Commission. their baggage and equipment, restricted Baseball Corp., Post Office Box 145, to individuals who are players, officials, Portsmouth, Va. 23705; Peninsula Base­ [ s e a l ] H. N e il G arson, and employees of Peninsula Baseball ball Club, Inc., Post Office Box 1305 Secretary. Club, Inc., and Tidewater Community Wythe Station, Hampton, Va. 23361. [PR. Doc. 68-3191; Piled, Mar. 14, 1968; Baseball Club Corp., beginning in Hamp­ 8:48 a.m.] ton, and Portsmouth, Va., and extend- Send protests to: Robert W. Waldron,

CUMULATIVE LIST OF PARTS AFFECTED— MARCH The following numerical guide is a list of the parts of each title of the Code¡ of Federal Regulations affected by documents published to date during March.

Page 7" CFR— Continued 14 CFR 3 CFR Page on __ 3621,4249,4366 P roclamations : P ro posed R u le s—Continued ß1 ______4402, 4404 ox— j______4093- 3831 ______3619 908------3641 3832 ______4091 4188 4095, 4171, 4249, 4366-4368, 4404, 3833 ______4167 932. 4107 4405,4509-4511, 4562. 3834 _i______4363 _ 4188 >7Q _ 4095, 4096, 4172 4517 „ ------4368 3835 ______4397 953— ID ------4Q96 4188 E x e c u t iv e O r d e r s : 966— » 1 ------4096 989— . 3641 5903 (revoked by PLO 4371)— 3636 991— 4417 07 _ 3622,4311, 4563 6697 (revoked by PIG 4371)— 3636 4419 not ___ 4096,4144 1001- 6868 (modified by EO 11401) — 4459 4419 i o i ------H i ______4456 1002- 7784-A (see EO 11401)----- — 4459 1003- _ 4419 HI ------3631 8033 (see EO 11401)——------4459 1004- 4419 389------P ______3632 8647 (revoked in part by PLO 1005- 4581 399______4459 4374)____ 4333 1015- 4419 8652 (revoked in part by PLO P roposed R u l e s : 1016- 4419 ______3641 4376)______4333 1033- 4581 on------„ 3642 9344 (see EO 11401)------4459 1034- 4581 ¿y ------__ 4420 9916 (see EO 11401)------4459 1035- 4581 4d------—- ______4523 10128 (see EO 11401)------4459 1040- 4 2 6 1 ,4 51 7 65------_____ 3642) 10830 (amended by EO 11398) _ 4169 4268 1043- 4201, 4202, 4270, 4271, 4375-4377, 11074 (revoked by EO 11398)— 4169 1046- 4581 11248 (amended by EO 11400) _ 4507 4421,4525-4527. .... 1049- 4581 01 3643. 4108,4420,4523 11398-______4169 4474, 4585 1073. m u ______4523 11399 ______— - 42451106. 4586 11400 ______4507 1125- 4191 III- ____ 4340 11401 ------4459 4586 1126. i o n ------— 3645, 4340 1132. 4586 5 CFR ------4340 214------4340 213 ______4399, 4451 8 CFR 221------3645 550:::::::::----. ------4399 4561 o 211— 2 8 8 ------434 235— 4562 7 CFR 238— 4562 111::::::::::::"—::-— se« 4562 ______- 4104343a. 16 CFR 401______4399 13- . — 4097, «3 5 ,4136,4249,4250,4« 601______4309 9 CFR >722 ______- ______4451 4248 905 ______4514, 4561 97______-— P ro po sed R u l e s : 4271 906 ______4247 P ro po sed R u l e s : 244...... 907 __4247, 4514 51______4260 17 CFR 908~ I— - 4247,4514 4369 200______910 ___ 4105, 4365, 4399 10 CFR 4369 913—III—I______4105, 4365 201______4369 944______4561 P ro posed R u l e s : 230______4369 948______4452 150______4109, 4377260______4369 950______— 4515 270______P r o po s e !) R u l e s : 980______4106,12 4365 CFR 4209 230______1125______4515 207______— 4248, 4249, 4452 3651, 4209 240______4209 1464______3633 220 ______4249, 4453 250______1474______4452 221 ______4249, 4455

P ro posed R u l e s : 18 CFR CFR ____ 4460 52 ______- — 4335 13 260. 68______4375 101. 4400 P ro posed R u l e s : 3539 907 ______3639,4417 121. 4562 607______

FEDERAL REGISTER, VOL. 33, NO. 52— FRIDAY, MARCH 15, 1968 4fc

FEDERAL REGISTER 4609 Page 19 CFR 31 CFR—Continued Page 41 CFR— Continued Page l______3633,3634 405 ------4257 11-1------3636 8______- ______4406 406 ------4257 39-1------4185 10______4373, 4461 16______101-47------4408 ------4461 32 CFR 109—40______*______4140 18______4406 156______32______4323 803______43 CFR Proposed R ules: 809a ______3100______4465 25. 4260 1001 3120______m : : : : : 4465 __1_____ 1002 Public Land O rders: 20 CFR 1003______614______1004______2546 (revoked in part by PLO 1005 4377)___ i______4332 Proposed R ules: 1006______4317 (corrected by PLO 4376)"_ 4333 405______1007 . 4371-______3636 4372 _____ 4333 21 CFR 1009______4373 _____ 1 0 1 5 ______4332 2____ 4374 _,_____ 1018______4333 27______1054______4375 ______4333 31 ______1060______4376 ____ 4333 120______4138, 4172, 4326, 4407 4377 ___ 4332 121______4378 ______33 CFR 4400 4138, 4173, 4327, 4408, 4575, 4576 4379 _____ 4513 141______117______141a___...... 204 46 CFR I41d______207______Proposed R ules: 145____ 208______146d______514------4208 36 CFR 281______4462 47 CFR 200 o______Proposed R ules: ------3637 2______— ------4258 I ______4420 38 CFR 21______3 ------4577 ___ 4144 l ______25______3638 28______4587 17______73 ______4102»4186, 4187, 4408 26 CFR 74 ______------4258, 4408 89______------4103 Proposed R u l e s : 39 CFR 93______------4103 1 Ch. I ______.... 4414 - 3635, 4141, 4185, 4310, 4465 97______------4466 124______Proposed R u les: 29 CFR 126______151 73______4110, 102 __ 4139 155______4202, 4204-4206, 4378, 4474." 1600____ m i n i 4329 221______246 49 CFR 30 CFR P ro posed R u l e s : 1000______4370 1041______Proposed-R u les : 151_____ 4467 II ____ _ Proposed R u les: 4468 155______173______4340 31 CFR 41 CFR 178______4340 128 _ 1048______4208 __ 7 -1 316 4576 _ 7 -6 ______401 ____ 4256 50 CFR 4257 9 - 7 ______402 _I~ 2 8 ------4104 4257 9 -8 403 ____ 32 ------4104 4257 9 - 1 6 - ...... __ 33 ------4104, 4187, 4259, 4513 KNOW YOUR GOVERNMENT

U.S. G overnm ent Organization Mammal

1 0 0 7 - 1 0 6 8

Presents essential information about Government agen* cies (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, 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 Govern­ m ent $900 per copy* Paperbound, with charts 'Order from Superintendent of Documents^ U.S. Government Printing Office, Washington, D.C. 20402,