FEDERAL REGISTER VOLUME 34 • NUMBER 12 Friday, January 17, 1969 • Washington, D.C. Pages 695-796 PART I (Part II begins on page 787)

Agencies in this issue— Agricultural Stabilization and Conservation Service Agriculture Department Atomic Energy Commission Business and Defense Services Administration Civil Aeronautics Board Coast Guard Commerce Department Consumer and Marketing Service Customs Bureau Education Office Federal Aviation Administration Federal Communications Commission Federal Contract Compliance Office Federal Crop Insurance Corporation Federal Maritime Commission Federal Power Commission Federal Reserve System Federal Trade Commission Food and Drug Administration Foreign Direct Investments Office Forest Service Indian Affairs Bureau Internal Revenue Service Interstate Commerce Commission Labor Department Land Management Bureau National Aeronautics and Space Administration National Park Service Public Health Service Public Roads Bureau Small Business Administration Social and Rehabilitation Service Detailed list of Contents appears inside.

No. 12—Pt. I---- 1 Announcing First 10-Year Cumulation

TABLES OF LAWS AFFECTED in Volumes 70-79 of the

UNITED STATES STATUTES AT LARGE

Lists all prior laws and other Federal in­ public laws enacted during the years 1956- struments which were amended, repealed, 1965.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

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AGRICULTURAL STABILIZATION CONSUMER AND MARKETING FEDERAL CROP INSURANCE AND CONSERVATION SERVICE SERVICE CORPORATION Rules and Regulations Rules and Regulations Rul es and Regulations Cranberries in certain states; Texas citrus crop insurance------701 Rice; state and county reserve handling ------705 acreages and county acreage Fresh pears, plums, and peaches FEDERAL MARITIME allotments for 1969 crop------703 grown in California; changes in COMMISSION nomination of Plum Commod­ AGRICULTURE DEPARTMENT ity Committee members------705 Notices See also Agricultural Stabilization Proposed Rule Making Agreements filed for approval: American Mail Line Ltd., and ' and Conservation Service; Con­ Navel oranges grown in Arizona sumer and Marketing Service; Everett Orient Line, Inc___ 777 and designated part of Cali­ Blue Star Ltd., et al______777 Federal Crop Insurance Cor­ fornia; expenses and rate of poration; Forest Service. Revocation orders: assessment______757 Rudd, Charles C. Cargo Expe­ diter ______777 Notices CUSTOMS BUREAU Tennessee; designation of areas Sorensen, P. O., Co______777 for emergency loans------768 Notices Retail packages of edible prepara­ FEDERAL POWER COMMISSION ATOMIC ENERGY COMMISSION tions; tariff classification------768 Rules and Regulations Natural gas companies; annual Rules and Regulations EDUCATION OFFICE report form______725 Financial protection requirements Rules end Regulations Proposed Rule Making and indemnity agreements; Federal assistance in construction miscellaneous amendments—— 705 Municipal electric utilities; sales of m in im u m school facilities in of electricity for resale------767 Notices areas affected by Federal ac­ tivities ______745 Notices Geological Survey; proposed is­ Hearings, etc.: suance of facility license------772 FEDERAL AVIATION City of Seattle______777 ADMINISTRATION Morris, Joseph S., et al______778 BUSINESS AND DEFENSE Tenneco Oil Co______779 Rules and Regulations Tenneco Oil Co., and Con­ SERVICES ADMINISTRATION Airworthiness directives: tinental Oil Co______:______779 Notices DeHavilland type aircraft------707 General Electric aircraft en­ FEDERAL RESERVE SYSTEM Duty-free entry of scientific gines ______707 Notices articles; Lycoming engines------707 University of Houston------768 Federal Open Market Committee : Standard instrument approach Current economic directive of University of Rochester------768 p rocedures ; miscellaneous October 8, 1968______780 Yale University et al------769 amendments______708 Authorization for system foreign currency operations______780 CIVIL AERONAUTICS BOARD FEDERAL COMMUNICATIONS Proposed Rule Making COMMISSION FEDERAL TRADE COMMISSION Rules and Regulations Names and addresses of Rul es and Regulations passengers______760 Aviation services; frequency co­ Administrative opinions and rul­ ordination ______752 ings: Notices Radio operator examination Advertising, by manufacturers Hearings, etc.: p oin ts______752 in an independently published Proposed Rule Making periodical______724 Air Carrier Agreements______773 Foreign origin disclosure of im­ Air West, Inc______774 FM broadcast stations; table of ported bearings______724 Sedalia, Marshall, Boonville assignments ------761 Foreign origin disclosure of Stage Line, Inc______775 Low power FM broadcast trans­ wearing apparel partly made lator stations; operation------761 in foreign country—______724 COAST GUARD Notices Common carrier services informa­ FOOD AND DRUG Rules and Regulations tion; domestic public radio serv­ ADMINISTRATION Great Kills Harbor, N.Y.; an­ ices applications accepted for Rules and Regulations chorage regulations_____ .____ 743 filin g______775 Tolerances: COMMERCE DEPARTMENT FEDERAL CONTRACT Carbofuran______726 COMPLIANCE OFFICE Coumaphos______726 See also Business and Defense Rules and Regulations Proposed Rule Making Services Administration; For­ Enforcement regulations for Fair eign Direct Investments Office. Obligations of contractors and subcontractors; miscellaneous Packaging and Labeling Act; Notices amendments______744 proposed exemption of chewing gum Organization; effect on other Proposed Rule Making ------758 orders______» 770 Sex discrimination guidelines___ 758 (Continued on next page) 697 698 CONTENTS

Notices INTERSTATE COMMERCE PUBLIC HEALTH SERVICE Announcements regarding drugs for veterinary use: COMMISSION Rules and Regulations Bloat remedy______771 Notices Commissioned officers; students 706 Coecolysin bengan______771 Motor carrier: Dr. Mayfield 3WC______771 Temporary authority applica­ PUBLIC ROADS BUREAU Purgolettes ______._____ 772 tions ______782 Rules and Regulations Trivermol ______:___ 772 Transfer proceedings (2 docu­ General Mills, Inc.; filing of peti­ ments) ______783 Administration of Federal aid for tion regarding food additives.. 771 Penn Central Co., and Soo Line highways; public hearings and Railroad Co.; rerouting or di­ location and design approval 727 FOREIGN DIRECT INVEST­ version of traffic______781 SMALL BUSINESS MENTS OFFICE LABOR DEPARTMENT ADMINISTRATION Rules and Regulations See also Federal Contract Com­ Rules and Regulations Miscellaneous amendments to pliance Office. chapter ______721 Loan policy; disaster loans and Rules and Regulations guarantees______706 FOREST SERVICE Safety and health standards______788Notices Delegations of authority: Rules and Regulations LAND MANAGEMENT BUREAU Timber export restrictions______743 Assistant Administrator for Mi­ Rules and Regulations nority Entrepreneurship____ 781 HEALTH, EDUCATION, AND Grazing regulations for public Associate Administrator for Pro­ lands; correction______706 curement and Management WELFARE DEPARTMENT Assistance______781 See Education Office; Pood and NATIONAL AERONAUTICS AND W.F.I. Co.; issuance of small busi­ Drug Administration; Public ness investment company li­ Health Service; Social Rehabili­ SPACE ADMINISTRATION cense __ 781 tation Service. Rules and Regulations Source evaluation boards; dele­ SOCIAL AND REHABILITATION INDIAN AFFAIRS BUREAU tion of subpart______721 SERVICE Proposed Rule Making Rules and Regulations NATIONAL PARK SERVICE Leasing and permitting______757 Administration of medical as­ Notices sistance programs; requirements INTERIOR DEPARTMENT Haleakala National Park, Hawaii; for State plans______752 See Indian Affairs Bureau; Land addition______768 Fiscal administration of financial Management Bureau; National assistance programs; recipient Park Service. count, Federal financial partici­ pation ______751 INTERNAL REVENUE SERVICE Rules and Regulations TRANSPORTATION DEPARTMENT Income tax: See Coast Guard; Federal Avia­ Deduction for interest on in­ tion Administration ; Public stallment purchases______'742 Roads Bureau. Distributions by foreign trusts. _ 730 TREASURY DEPARTMENT Proposed Rule Making See Customs Bureau, Internal Liquor dealers______755 Revenue Service. CONTENTS 699 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 cjruide is p u b l i s h e d separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1, 1969. and specifies how they are affected.

7 CFR 16 CFR 36 CFR 413______r_ 701 15 (3 documents)______724 221------743 73(K—-____-_____ 703 917______705 18 CFR 41 CFR 929______705 141______725 50-201______788 P r o p o s e d R u l e s : 260______725 50-204______788 60-1—______744 907— ______757 P r o p o se d R u l e s : 141______7 6 7 P r o p o s e d R u l e s : 758 10 CFR 60-20______140_____ 705 21 CFR 120 (2 documents) ,26 4 2 CFR 21______706 13 CFR P r o p o s e d R u l e s : 1 ______*______—— 758 43 CFR 120— ______706 706 23 CFR 4110______14 CFR 1______727 45 CFR 39 (3 documents)------— 707 114______745 97__ 708 25 CFR 237______751 1209______721 P r o p o s e d R u l e s : 250—______752 P r o p o se d R u l e s : 131______— 757 249—_____ 760 47 CFR 375______760 26 CFR o______752 1 (2 documents) ------730-742 87------752 97______— 752 15 CFR P r o p o s e d R u l e s : 194______755 P r o p o s e d R u l e s : 1025____ 721 761 721 73 ______1040____ 74 ------761 1050____ 721 33 CFR 110______743

701 Rules and Regulations

such person is operating only land for­ Application and Policy. Title 7— AGRICULTURE merly operated by the dissolved enter­ Form FCI-812-Texas Citrus. prise. Upon formation of a joint enter­ U.S. Departm ent o f Agriculture Chapter IV— Federal Crop Insurance prise, the smallest premium reduction FEDERAL CROP INSURANCE CORPORATION Corporation, Department of Agri­ (zero if none), which the Corporation Application and Policy for Texas Citrus Crop culture determines would have been applicable to any insurable acreage brought into Insurance PART 413— TEXAS CITRUS CROP the enterprise if the enterprise had not (F or 19__and Succeeding Crop Years) INSURANCE been formed, may be credited to the joint enterprise contract. (Name of Insured) (Policy Number) Subpart— Regulations for the 1969 § 413.22 Application for insurance. and Succeeding Crop Years (Address of Insured) (Zip Code) (County) Pursuant to the authority contained in Application for insurance may be sub­ 1. The undersigned applicant (herein also the Federal Crop Insurance Act, as mitted, as provided in § 413.25 at the called the "insured”), subject to the ap­ amended, the regulations set forth in office for the county for the Corporation. plicable provisions of the regulations of the this part are hereby issued to be in force The Corporation reserves the right to Federal Crop Insurance Corporation (here­ discontinue the taking of applications inafter called the "Corporation’’) , hereby ap­ and effect with respect to Texas citrus in any county upon its determination plies to the Corporation for insurance on crop insurance contracts for the 1969 that the insurance risk involved is ex­ his interest as a producer in citrus crops of and succeeding crop years until amended cessive or limit the amount of insurance the insurable types designated below (here­ or superseded. inafter called "the Insured crop”) located prior to the closing date for the filing of in the above identified county (hereinafter Sec. applications. Such closing date shall be called “the county”). The applicant applies 413.20 Availability of Texas citrus crop in­ the August 15 of the crop year. The Cor­ for the amount of insurance for the ap­ su ra n ce. plicable type shown below which shall be an 413.21 Premium rates and amounts of in­ poration further reserves the right to reject any application or to exclude any amount shown on the county actuarial table su r a n ce. (hereinafter called the “actuarial table”). 413.22 Application for insurance. definitely identified acreage for any crop The amounts of insurance available each 413.23 Public notice of indemnities paid. year of the contract if upon inspection crop year and prescribed premium rates for 413.24 Creditors. it deems the risk on such acreage is ex­ each crop year are shown by types on the ac­ 413.25 , The application and the policy. cessive. If any such acreage is to be ex­ tuarial table from year to year. The insured Authority : The provisions of this subpart cluded, the insured shall be notified of may with the consent of the Corporation issued under secs. 506, 516, 52 Stat. 73, as such exclusion before insurance attaches change the amount of insurance which was amended; 77, as amended; 7 U.S.C. 1506, 1516. for the crop year for which the acreage is in effect for a prior crop year and elect a new to be excluded. The Manager of the amount of insurance per acre by notifying § 413.20 Availability of Texas citrus the office for the county in writing prior to crop insurance. Corporation is authorized in any crop year to extend the closing date for ac­ the date insurance attaches for the crop year Citrus crop insurance shall be offered ceptance of applications in any comity, for which the change is to become effective. for the 1969 and succeeding crop years The amount of insurance per acre in effect by publishing a notice in the F e d e r a l for a crop year shall be the amount of in­ under the provisions of §§ 413.20 through R e g is t e r , upon his determination that no surance most recently elected by the insured 413.25 in counties in Texas within limits and shown on a form prescribed for such prescribed by and in accordance with the adverse selectivity will result during the purpose but the amount of insurance shall provision of the Federal Crop Insurance period of such extension: Provided, how­ not exceed the maximum dollar amount per Act, as amended. The counties shall be ever, That if adverse conditions should acre shown on the actuarial table for such designated by the Manager of the Corpo­ crop year. The insured hereby elects the re­ develop during such period the Corpora­ spective amounts of insurance entered below ration from a list of counties approved by tion will immediately discontinue the ac­ the Board of Directors of the Corpora­ for the type of citrus on which insurance is tion for citrus crop insurance. The coun­ ceptance of applications. applied for: ties designated by the Manager shall be § 413.23 Public notice of indemnities Amount per published by appendix to this section. paid. Type Crop(s) acre (dollars) § 413.21 Premium rales and amounts of The Corporation shall provide for post­ insurance. I Early and midseason oranges...... $...... ing annually in each county at the county II Late oranges (including temples)...... (a) The Manager shall establish courthouse a listing of the indemnities I ll Grapefruit...... premium rates and the amounts of in­ paid in the county. surance per acre which shall be shown This application, when executed by a per­ on the county actuarial table on file in § 413.24 Creditors. son as an individual, shall not cover his in­ the office for the county. Such premium An interest of a person other than the terest in a crop produced by a partnership rates and amounts of insurance may be or other entity. insured in an insured crop existing by 2. Causes of loss insured against. T h e in ­ changed from year to year. virtue of a lien, mortgage, garnishment, surance provided is against unavoidable loss (b) The following shall apply to the levy, execution, bankruptcy, or any in­ resulting from freeze, hurricane, or tornado transfer of any premium reduction occurring within the insurance period. No voluntary transfer shall not entitle the earned under the provisions of section insurance is provided against loss or damage holder of the interest to any benefit un­ to blossoms or trees. 7 of the Application and Policy set forth der the contract other than as provided 3. Insured crop, (a) Application for insur­ in § 413.25 if the insured is a partner­ ance may be made with respect to all types ship, corporation, or any other joint in the Application and Policy set forth of citrus or with respect to any one or more in § 413.25. types of citrus, as defined in section 22 enterprise and there is no break in con­ hereof, produced by the insured on trees that tinuity of participation. Upon dissolu­ § 413.25 The application and policy. have reached at least the fifth growing sea­ tion of such enterprise, such premium The provisions of the Application and son, after being set out, except that the in­ sured may, subject to approval of the Cor­ reduction may be credited to the con­ Policy for Texas Citrus Crop Insurance poration, elect to insure or exclude from tract of any member, or stockholder for the 1969 and Succeeding Crop Years insurance for any crop year any definitely thereof if the Corporation determines are as follows: described and designated insurable acreage

FEDERAL REGISTER, VOL. 34, NO. 12— FRIDAY, JANUARY 17, 1969 702 RULES AND REGULATIONS

having a potential of less than 4 tons of plying the product thereof by the insured’s amend or change the terms of this contract oranges and 5 tons of grapefruit per acre. interest at the time insurance attaches and, from year to .year. Any such amendment or Acreage so excluded with approval of the where .applicable, applying the discount xhange shall be mailed to. the insured or Corporation shall be disregarded .for ell pur­ herein provided. m ade. available at the office for the county poses of this contract for the crop year (b) The total annual premium for the in­by the May 15 immediately preceding the involved. If the insured fails to elect and sured crop on all units shall be reduced as beginning of the crop year for which such designate any defined acreage, the Corpora­ follows for consecutive years of insurance, amendment or change is to become effective. tion will disregard such acreage if the mini­ without a loss for which an indemnity was Acceptance of such amendment or change mum potential is not produced. However, if paid on any unit, immediately preceding will be conclusive in the absence of any the production meets the minimum, the Cor­ the crop year for which the reduction is ap­ notice from the insured to cancel the con­ poration shall determine the percent of plicable (eliminating any year in which a tract as provided in section 11 hereof. damage on all of the insurable acreage for premium was not earned) : 13. Notice of damage or loss, (a) It shall the unit but will not permit the percent of be a condition precedent to payment of any damage for the unit to be increased by rea­ Percent Consecutive years premium reduction with no loss indemnity on any unit hereunder that the son of the use of the such undesignated insured report in writing each damage to 5 percent after ______l year. acreage. The potential to be used to deter­ the insured crop from an insured cause to 5 percent after ______2 years. mine the percent Of damage under section the office for the county immediately after 10 p e r ce n t a fte r ______3 years. 14 shall never be less than 4 tons of oranges such damage becomes apparent, giving the and 5 tons of grapefruit per acre. Except as 10 percent after ______4 years. 15 percent after ______5 years. date of such damage. If not so reported otherwise provided herein, the insured acre­ within 7 days, the Corporation reserves the age for each crop year shall be all that acre­ 20 percent after ______6 years. 25 percent after ------7 years or more. right to reject any claim arising out of such age in the county of the type(s) of citrus damage on the unit if it determines that.it for which the insured has applied for in­ If any insured has a loss on a crop for which has been prejudiced by. such failure to re­ surance, which is shown as insurable acreage an indemnity is paid, the number of such port or by failure to give notice as required on the actuarial table and not excluded consecutive years of insurance on such crop in subsection (b) of this section. otherwise because of risk, and in which the without a loss for which an indemnity was (b) If damage occurs within the 7-day insured has an interest on the date insur­ paid shall be reduced by 3 years, except, that, period before the beginning of harvest, or ance attaches. where the insured has 7 or more such years, during harvest, and a loss is to be claimed, (b) Insurance for each crop year of thea reduction to 4 shall be made and where the written notice shall be given immediately contract shall cover only citrus fruit which insured has 3 or less such years, a reduction to the office for the county. can be expected to mature in the normal to zero shall be made. 14. Amount of loss and proof of loss, (a) maturity period for the variety for such 8. Premium note. In consideration hereof,Any claim for loss on any unit shall be sub­ crop year. the insured promises to pay to the order of mitted to the Corporation on a form pre­ 4. Responsibility of the insured to report the Federal Crop Insurance Corporation each scribed by the Corporation within 30 days acreage and interest. The insured at the crop year of the contract the annual premium after the amount of loss has been determined time of filing his application shall also file and further agrees that as to any amount by the Corporation. on a form prescribed by the Corporation a thereof not paid by the May 31 of the crop (b) Losses shall be adjusted .separately report of all the acreage of the insured crop year in which earned, it shall be increased by for each unit. The am ount of. loss with respect in the county in which he has an interest 10 percent. It is further agreed that any to any unit shall be determined by (1) and show his interest therein. Such report amount due the Corporation by the insured multiplying the insured acreage of citrus shall include a designation of all the acre­ may be deducted from any indemnity payable on the unit by the applicable amount of age of citrus which is uninsurable or any to the insured and When not prohibited by insurance per acre, (2) multiplying the result acreage not insured under the provisions of law, from any loan or payment otherwise due thus obtained by the average percent of the preceding section. This report shall be the insured under any program administered damage (determined in accordance with sub­ revised for any crop year before insurance by the U.S. Department of Agriculture. sections (c), (d), and (e) of this section) attaches if the acreage to be insured, or in­ in excess of 10 percent, and (3) multiplying terest therein, has changed and the latest ------v ------, .19__ the result by the insured interest. report filed shall bfe considered as the basis . (Signature of applicant) (Date) (c) Subject to theprovisions of subsection for continuation of insurance from year to (d) of this section, the average percent of year, subject to revision as provided herein. damage to the insured crop on any unit shall (W itness to signature) The Corporation reserves the right to de­ be the ratio of the production of the crop termine the insured acreage and the in­ 9. Recommended for acceptance by: lost from an insured cause to the production sured’s interest therein. The acreage and ------, 19__ which would have been produced (herein interest insured shall be the acreage and (Grove Inspector) (D a te ) called the “potential”). The potential shall interest reported by the insured or as not be less than 4 tons of oranges and 5 tons determined by the Corporation. of grapefruit per acre, and shall include 5. The contract. Upon acceptance of this (Corporation Representative) citrus which (.1) was picked before the in­ application by the Corporation, the contract sured damage occurred, (2) remained on the shall be in effect for the crop year specified (Address of Office for County) (Phone) trees after the damage occurred, (3) was lost above and shall continue for each succeeding from an insured cause, and (4) any other crop year Until canceled or terminated in 10. Location of Grove(s) or Headquarterscitrus covered by insurance not included accordance with the applicable provisions Of a n d p h o n e in items (1) through (3), including citrus the contract. This application and policy, lost from causes not insured against other and amendments thereto, if any, and the than normal dropping but not including cit­ 11. Life of contract. The contract is non- .actuarial table for each crop year shall con­ rus lost before insurance attached. Citrus lost cancelable for the first .crop year and shall stitute "the contract for citrus insurance. Any due to hurricane or tornado shall be the continue in effect for each succeeding crop changes made in the contract shall not affect amount of fruit blown from the trees or year until either the insured or Corporation the continuity from year to year. .which fall from the trees as a result of dam­ cancels the contract by giving written notice 6. Insurance period. For each crop year in­ age by hurricane or tornado and which are to the other by May 31 immediately preceding surance attaches on June 1 of the crop year, -not picked up from the ground and marketed. the beginning of the crop year for which the unless the application is accepted by the Cor­ (d) Citrus lost due to freeze shall be cancellation is to become effective. If, how­ poration after that date in which event in­ determined as follows: (1) Fruit which falls ever, the Corporation limits the amount of surance shall attach in the first crop year to the ground due to freeze damage which on the date of acceptance, but in no event insurance, or any acreage is excluded from is not picked up and marketed shall be con­ earlier than the 10th day after the date the . insurance under the contract by the Cor­ sidered totally lost. (2) Fruit partially dam­ application is submitted to the office for the poration because of the risk involved, after aged by freeze will be determined by the county, and as to any portion of the citrus the May 15 immediately preceding the be­ Corporation by sampling representative crop shall cease upon harvest but in no ginning of the crop year for which such fruits by a cut method or any other method event shall the insurance remain in effect lim itation or exclusion is to become effective, wjiich establishes the amount of juice lost later than May 31 of the calendar year fol­ the insured shall have the right to cancel from such cause. If the Corporation deter­ lowing the calendar year in which the in­ the contract within 15 days after notice mines there is less than 16 percent juice loss surance period begins. thereof is mailed to the insured by the Cor­ .in a fruit, the fruit shall be considered un­ 7. Annual premium, (a) The annual pre­ poration. If the premium is not paid by the damaged. If the Corporation determines mium shall be considered as earned on the May 31 of the crop year in which the pre­ there is as much as 16 percent but less than date insurance attaches and shall be deter­ mium was earned, the contract shall termi­ 50 percent of the juice in an individual fruit mined by multiplying the applicable amount nate for nonpayment of premium effective lost due to freeze, it shall be considered that of insurance for the insured acreage on the "beginning with the next crop year. the fruit is 50 percent damaged. If the Cor­ insurance unit (hereinafter called “unit”) 12. Contract Changes. After the first crop poration determines that 50 percent or more by the applicable premium rate and m ulti­ year the Corporation reserves the right to of the juice in an Individual fruit has been

FEDERAL REGISTER, VOL. 34, NO. 12— FRIDAY, JANUARY 17, 1969 RULES ANO REGULATIONS 703 lost due to freeze, it shall be considered 20. Subrogation. The insured (including Chapter VII— Agricultural Stabiliza­ totally lost. P rovided. That any citrus har­ his assignee or transferee) assigns to the vested within 7 days after freeze damage oc­ Corporation all rights of recovery against any tion and Conservation Service curs will not be considered damaged: Pro­ person for loss or damage to the extent that {Agricultural Adjustment), Depart­ vided, further, That any fruit harvested payment hereunder is made and shall ex­ ment ol Agriculture prior to inspection by the Corporation shall ecute all papers required and take appro­ be considered as fruit not damaged. For the priate action to secure such rights. SUBCHAPTER B— FARM MARKETING QUOTAS purposes hereof, a fruit shaH be deemed to 21. Form s. Copies of forms referred to in AND ACREAGE ALLOTMENTS have lost at least 16 percent of its Juice if the contract are available at the office for all segments are dry as shown on a transverse the county. PART 730— RICE cut across the axis of the stem-styler ends 22. Meaning of terms. For purposes of in­ Subpart— 1969-70 Marketing Year when the cut is made one-fourth the distance surance on citrus the terms: from the stem end toward the styler end, or (a) “County actuarial table** means the S t a t e a n d C o u n t y R e s e r v e A c r e a g es a n d the equivalent of this amount by volume actuarial forms and related material (in­ C o u n t y A creage A l l o t m e n t s f o r 1969 when occurring in other portions of the cluding the crop insurance maps where ap­ C r o p fruit. plicable) which are approved by the Cor­ (e) In the event that any claim for in­ poration, which are on file for public in­ S ec. demnity under the provisions of the contract spection in the offioe for the county, and 730.1505 Basis and purpose. is denied by the Corporation, an action on which show the applicable amounts of in­ 730.1506 State reserve acreages. such claim may be brought against the Cor­ surance, premium rates, and related infor­ 730.1507 County acreage allotments and poration under the provisions of 7 U.S.C. mation with respect to citrus crop insurance county reserve acreages. 1508(c): P rovided, That the same is brought for the crop year in the county. Au t h o r it y : Sections 730.1505 to 730.1507 within 1 year after the date notice of denial (b) “Office for the county” means the issued under secs. 301, 353, 375, 52 Stat. 38, of the claim is mailed tq and received by Corporation’s office serving the county shown 61, as amended, 66; 7 Ü5.C. 1301, 1353,1375. the insured. in this application and policy, or such office 15. Payment of indemnity, (a) Any in­as may be designated by the Corporation § 730.1505 Basis and purpose. demnity will be payable within 30 days after from time to time, and may serve more than (a) The State and county reserve a claim for loss is approved by the Corpora­ one county. tion: P rovided, That in no event shall the acreages and county acreage allotments (c) “County" means the area shown on for 1969 crop rice contained in §§ 730.- Corporation be liable for interest or dam­ the actuarial table which may include in­ ages in connection with any claim for surable acreage located in a local producing 1506 and 730.1507 have been determined indem nity. area bordering on the county. pursuant to and in conformity with the (b) If the Insured is an entity other than (d) “Crop year” means the period begin­ provisions of section 353 of the Agri­ an individual and is dissolved or is an in­ ning June 1 and extending through May 31 cultural Adjustment Act of 1938, as dividual who dies or Is judicially declared of the following calendar year and shall be amended. Said sections are issued to an­ incompetent before insurance attaches in any designated by reference to the calendar year nounce: (1) State reserve acreages for crop year, the contract diali terminate as of in which the insurance period begins. the date of dissolution, death, or judicial new farms or new producers in each of declaration, but if such an event occurs after (e) “Harvest” means any severance of cit­ the applicable rice-producing States; insurance attaches in any crop year the con­ rus fruit from the tree either by pulling or (2) State reserve acreages for appeals tract shall terminate at the end of such crop picking, or picking the marketable fruit from and corrections, missed farms, and ad­ year and any indemnity payable shall be th e g ro u n d . justments in factored allotments in the paid to the person(s) the Corporation deter­ (f) “Insurance unit” means all insurable producer States of Arizona, California, mines to be beneficially entitled thereto. acreage in the county of any one of the three citrus types (see (g) below) (1) in Florida, South Carolina, Tennessee, (c) For the purposes of subsection (b) Texas, and the “producer administrative hereof, death of a partner in a partnership which type of citrus the insured has 100 per­ shall dissolve the partnership unless the cent interest on the date insurance attaches area” in Louisiana; (3) the allotment partnership agreement provides otherwise. If for the crop year and which is located on in the rice productivity pool for each two or more persons having a Joint interest contiguous land under the same ownership, rice-producing State which shall not be are insured jointly, death of one of the par­ or (2) in which type of citrus two or more allocated to farms; and (4) county acre­ ties shall terminate the contract. persons have 100 percent interest on the date insurance attaches for the crop year and age allotments and county reserve acre­ 16. Insured interest. For the purpose of which type is located on contiguous land ages for appeals and corrections, missed determining the amount of indemnity, the under the same ownership, excluding any farms, and adjustments in factored al­ interest insured shall not exceed the interest other acreage of such type of citrus in which lotments in the farm States of Arkansas, of the insured at the time of damage, as such persons do not have 100 percent inter­ Illinois, Mississippi, Missouri, North determined by the Corporation. est in such citrus on such date. Land rented Carolina, Oklahoma, and the “farm ad­ 17. Abandonment of crop. There shall be for cash or for a fixed commodity payment ministrative area” in Louisiana. Since no abandonment of the insured crop or por­ shall be considered as owned by the lessee. farm acreage allotments for 1969 crop tion thereof to the Corporation. Contiguous land shall include only land that 18. Misrepresentation and fraud. T h e Cor­ is touching at any point except that land rice in the producer States, including the poration may void the contract without that is separated only by a public or private “producer administrative area” of Loui­ affecting the insured’s liability for premiums way shall be considered contiguous. siana, will be established pursuant to the or waiving any right or remedy including the (g) “Types of citrus” means any of the act primarily on the basis of past pro­ fight to collect any unpaid premiums if at three types of fruit as follows: Type (I), duction of rice by the producer on the any time, either before or after any loss, the Early and midseason oranges; type (II), Late farm in lieu of past production of rice Insured has concealed or misrepresented any oranges (including temples); and type (III), on the farm, the 1969 State acreage al­ material fact or committed any fraud re­ Grapefruit. lating to the contract, and such voidance lotments of rice for those States will be shall be effective as of the beginning of the N o te: The reporting requirements con­ apportioned directly to farms, and county crop year with respect to which any such act tained herein have been approved by the acreage allotments and county reserve or omission occurred. Bureau of the Budget in accordance with the acreages for appeals and corrections, 19. Collateral assignment—Transfer of in­ Federal Reports Act of 1942. missed farms, and adjustment in fac­ terest. The right to an indemnity in any tored allotments will not be determined crop year m a y b e a ssig n ed b y th e In su red Adopted by the Board of Directors on for such States. «Ay as security upon prior approval of the January 13,1969. Corporation. If the insured transfers his (b) The determinations made in interest in the insured crop in any crop year [ s e a l ] E arll H . N i k k e l , §§ 730.1506 and 730.1507 indicate the be may, upon prior approval of the Corpora­ Secretary, Federal Crop amount of State reserve acreages for tion, transfer his right to an indemnity for Insurance Corporation. new farms or new producers in each of such crop year with respect to the trans­ the applicable rice-producing States, the ferred interest in the insured crop. Any Approved on January 13,1969. amount of State reserve acreages for ap­ assignment or transfer shall be made on John A. Schnittker, peals and corrections, missed farms, and assignment or transfer forms prescribed by the Corporation and shall be subject to all Under Secretary. adjustments in factored allotments in the terms set forth thereon and to the terms [F.R. Doc. 69-612; Filed, Jan. 16, 1969; the “producer States”, the amount of hereof. 8 :5 0 a m .] allotment acreage in the productivity

FEDERAL REGISTER, VOL. 34, NO. 12— FRIDAY, JANUARY 17, 1969 N o. 12— P t. 1— 2 704 RULES AND REGULATIONS

pool for each of the rice-producing § 730.1506 State reserve acreages. Illinois States, and the amount of county acre­ The following table sets forth the State age allotments and county reserve acre­ County County ages for appeals and corrections, missed reserve acreages for new farms and for County acreage reserve farms, and adjustments in factored al­ appeals, corrections, missed farms, and allotment acreages1 lotments in the “farm States”. adjustments in factored allotments in Adams 26 0 (c) The State and county reserve acre­ producer States. It also sets forth the al­ State total ...... j 26 0 ages in §§ 730.1506 and 730.1507 were lotment in the State productivity pool Louisiana, F arm Administrative Area established on the basis of the needs which shall not be allocated to producers, therefore as recommended by the State counties, and farms. A cadia..______110,749 2,337 and county committees. A llen...... 28,999 551 (d) The county acreage allotments in Avoyelles...... 3,433 171 State State Beauregard...... '______5,547 0 § 730.1507 were established by appor­ reserve reserve State Bossier...... 1_____ . _ 78 0 tioning the State acreage allotment, less acreage for acreages for pro- Calcasieu...... 79,898 8 State new farms appeals, due- Cameron...... 14,898 1 (1) the State acreage reserve for new or new etc. in tivity Evaneeline. 53,645 50 farms, and (2) the allotment attributable producers producer pool Grant...... 0 0 States i Iberia...... 7,654 2 to history pooled as a result of produc­ Jefferson D avis....'...... 115,420 1,962 tivity adjustments under paragraph (d) Lafayette...... 11,815 10 of section 730.1528 of the regulations for Arizona...... 9 o R apides...... 902 0 Arkansas______0 . 247 St. Landry...... 20,405 5 determination of acreage allotments for California______. . . . 0 50 . St. M artin...... 4,923 12 1964 and subsequent crops of rice, among Florida...... 38 63 . St. Mary...... 3,887 194 Illinois...... 0 . Vermilion...______136,407 50 the counties in the State in the same pro­ Louisiana: Productivitv Pool _ . 51 . portion that they shared in the total Farm administrativo State Reserve...... 22 . area...... 0 . 51 State total, Farm Adminis­ acreage allotted in 1956, as provided by Producer administrar trative Area...... 598, 733 5,353 section 353(c) (1) and section 353(c) (6) ti ve area...... 0 0 Mississippi...... 0 . 20 of the Agricultural Adjustment Act of Missouri...... 0 . Mississippi 1938, as amended, except that in the North Carolina...... 0 . Oklahoma______0 . “farm administrative area” of Louisiana, South Carolina...... 15 0 . Bolivar...... 25,892 « 0 prior to the apportionment among coun­ Tennessee.______0 0 . Coahoma______...... 1,976 0 Texas...... 0 50 . De Soto...... 1,626 0 ties, 22 acres were reserved from the al­ Hancock...... 218 0 lotment for such administrative area Humphreys...... 2,512 0 pursuant to section 353(c) (1) of the act 1 For appeals and corrections, missed producers, and Issaquena...... 127 0 adjustments in factored allotments in producer States Leflore.______...... 4,425 0 and used to adjust upward the county al­ and the “producer administrative area” in Louisiana. Panola...... 94 0 lotment for Rapides Parish on account of Q uitm an...... !...... 1,482 0 § 730.1507 County acreage allotments Sharkey...... 1,252 0 an upward trend in acreage in said Sunflower...... 5,375 0 parish (i.e., county). and county reserve acreages. Tallahatchie. ______...... 606 0 Tate...... __ 293 0 (e) Prior to the determination of State The following table sets forth the Tunica______...... 3,808 0 and county reserve acreages and county Washington...... 11,303 0 county allotments and the county Productivity Pool...... ' 20 . . . . acreage allotments for 1969 crop rice, State total______61,009 0 public notice (3 P.R. 15555) was given in reserve acreages: accordance with 5 U.S.C. 553. Data, views, Arkansas Missouri and recommendations were submitted pursuant to such notice. They have been County County Butler...... 1,878 0 considered to the extent permitted by County acreage reserve Holt...... 3 0 allotment acreages1 L ew is...... 10 0 law. Lincoln...... 44 0 (f) The determinations made in Marion...... 403 0 Arkansas...... 90,898 3.0 Mississippi...... 115 0 §§ 730.1506 and 730.1507 have been made A sh ley...... 7,687 2.0 New Madrid...... 145 0 on the basis of the latest available statis­ Chicot______12,063 0 Pemiscot...... 775 0 Clark______663 0 Ripley...... 600 0 tics of the Federal Government as re­ Clay...... 9,502 0 St. Charles...... 47 0 quired by section 301(c) of the Agricul­ Conway...... 13 0 Scott...... 316 0 Craighead...... 20,804 0 Stoddard...... 1,883 0 tural Adjustment Act of 1938, as Crittenden______8,244 0 State total______...... 6,219 0 amended. Cross...... 42,137 1.0 Dallas______85 0 North Carolina (g) Pursuant to the Agricultural Ad­ D esha.______... 16,703 1.0 justment Act of 1938, as amended, mar­ D rew ...... 5,330 0 keting quotas on the 1969 crop of rice Faulkner...... 549 0 Brunswick ______12 0 G rant...... ___ 41 41.0 Hyde...... ^ __ 38 0 have been proclaimed and the period for Greene...... 6,370 1.0 State total______50 0 the referendum to be held to determine Hot Spring...... 566 0 whether farmers are in favor of or op­ Independence___ 1,033 0.1 Jackson______24,500 0.6 Oklahoma posed to such quotas has been set for Jefferson...... 20,423 0 January 20 to 24, 1969, each inclusive (34 Lafayette______1,048 0 Lawrence______10,115 0.8 McCurtain___ 195 0 F.R. 156). The act requires that, insofar Lee______10,201 3.0 State total. 195 0 Lincoln______11,314 0 as practicable, notices of farm acreage Little River_____ 487 0 allotments, which are based on State and Lonoke______46,588 2.0 1 County reserve acreage for appeals and corrections, Miller______897 0 missed farms, and adjustments. county allotments and reserves, be mailed Mississippi______1,768 0 to producers in time to be received prior Monroe...... 17,346 0 Effective Date: Date of filing with the Perry______1,188 0 Register. to the referendum. Since the referendum Phillips______6,114 1.0 Director, Office of the Federal Poinsett______45,801 0 will be held during the period January 20 Prairie______47,885 0 Signed at Washington, D.C., on Jan­ to 24, 1969, it is necessary to waive the Pulaski______2,639 0 uary 13, 1969. Randolph______2,775 0 H. D. Godfrey, 30-day effective date provision of 5 U.S.C. St. Francis____ ... 21,907 2.0 White...... 1,372 0 Administrator, Agricultural Sta­ 553 at applied to the determinations Woodruff______24,363 3.0 bilization and Conservation Productivity Pool. 247 herein. Accordingly, this document shall State total___ 521,566 61.5 Service. become effective upon filing with the [FJt. Doc. 69-620; Filed, Jan. 14, 1969; Director, Office of the Federal Register. See footnotes at end of table. 2 :5 6 p .m .j

FEDERAL REGISTER, VOL. 34, NO. 12— FRIDAY, JANUARY 17, 1969 RULES AND REGULATIONS 705

Chapter IX— Consumer and Market­ (Secs. 1-19, 48 Stat. 31, as amended; 7 TJ.S.C. (b) This regulation shall not in any 6 0 1 -6 7 4 ) ing Service (Marketing Agreements way be construed to affect the right, of P a u l A . N i c h o l s o n , the Secretary of Agriculture to amend, and Orders; Fruits, Vegetables, Deputy Director, Fruit and Veg­ modify or terminate this regulation, or Nuts), Department of Agriculture etable Division, Consumer and the marketing order under which it is Marketing Service. PART 917— FRESH PEARS, PLUMS, issued as provided by law. [F.R. Doc. 69-661; Filed, Jan. 16, 1969; It is hereby found that it is impracti­ AND PEACHES GROWN IN CALI­ 8 :5 0 a jn .] FORNIA cable, unnecessary, and contrary to the public interest to give further notice and Changes in Nomination of Plum PART 929— CRANBERRIES GROWN IN good cause exists for making the rule and Commodity Committee Members regulation effective at the time herein­ STATES OF MASSACHUSETTS, after set forth and for not postponing Notice was published in the F e d e r a l RHODE ISLAND, CONNECTICUT, the effective date hereof until 30 days R eg ister issue of December 11, 1968 (33 NEW JERSEY, WISCONSIN, MICH­ after publication in the F ed e r a l R e g is t e r F.R. 18381), that the Department was IGAN, MINNESOTA, OREGON, (5 U.S.C. 553) in that (1) there are loan giving consideration to a proposed WASHINGTON, AND LONG ISLAND applications currently pending which amendment of the rules and regulations may be affected by this rule and regula­ (Subpart—Rules and Regulations; 7 CFR IN THE STATE OF NEW YORK tion; (2) the rule and regulation will be 917.100 et seq.) currently in effect under Transfer or Assignment of Base beneficial to the cranberry industry; (3) the marketing agreement, as amended, Quantity the effective date hereof will not require and Order No. 917, as amended (7 CFR of handlers any preparation that cannot Part 917), regulating the handling of Notice was published in the F ed e r a l be completed prior thereto; and (4) no fresh pears, plums, and peaches grown R e g is t e r issue of December 20, 1968 (33 useful purpose will be served to postpone in California, effective under the appli­ F.R. 19019), that the Department was the effective date beyond that herein­ ca b le provisions of the Agricultural Mar­ giving consideration to a proposed rule after specified. keting Agreement Act of 1937, as and regulation pursuant to the provi­ amended (7 U.S.C. 601-674). (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. sions of the marketing agreement, as 601-674) After consideration of all relevant amended, and Order No. 929, as amended matters presented, including the proposal (7 CFR Part 929; 33 F.R. 11639), Dated, January 14, 1969, to become set forth in the aforesaid notice which regulating the handling of cranber­ effective upon publication in the F e d e r a l was submitted by the Control Committee ries grown m Massachusetts, Rhode R e g is t e r . (established pursuant to said marketing Island, Connecticut, New Jersey, Wis­ P a u l A . N ic h o l s o n , agreement and order as the agency to consin, Michigan, Minnesota, Oregon, Deputy Director, Fruit and Veg­ administer the provisions thereof), it is Washington, and Long Island in the etable Division, Consumer hereby found that the amendment, as State of New York. This regulatory pro­ and Marketing Service. hereinafter set forth, of said rules and gram is effective under the Agricultural [F.R. Doc. 69-616; Filed, Jan. 16, 1969; regulations is in accordance with the pro­ Marketing Agreement Act of 1937, as 8 :4 7 a .m .] visions of said amended marketing agree­ amended (7 U.S.C. 601-674). ment and order and will tend to The notice afforded 15 days for inter­ effectuate the declared purposes of the ested persons to submit written data, Agricultural Marketing Agreement Act views, or arguments in connection with Title 10— ATOMIC ENERGY of 1937, as amended. Such amendment said proposal. None were received. is hereby approved; and said rules and After consideration of all relevant Chapter I— Atomic Energy regulations are amended as follows: matters presented, including that in the Commission § 917.116 Changes in nomination of notice, and information submitted by the PART 140— FINANCIAL PROTECTION committee, and other available informa­ Plum Commodity Committee mem­ REQUIREMENTS AND INDEMNITY bers. tion, it is hereby found that the rule and regulation, as hereinafter set forth, is AGREEMENTS Nominations for membership on the in accordance with said amended mar­ Miscellaneous Amendments Plum Commodity Committee shall be keting agreement and order and will made by the growers of plums in the re­ tend to effectuate the declared policy of Under the provisions of section 170 of spective representation areas as follows; the act and of this part. The rule and the Atomic Energy Act of 1954, as (a) Kern District, Tehachapi District, regulation recites the terms under which amended, the holder of a license for a South Coast District, and Southern Cali­ a grower may transfer or assign his base production or utilization facility is re­ quired to have and maintain financial fornia District one nominee. quantity to secure an indebtedness. Therefore, establishment of the said protection to cover public liability claims, (b) Tulare District two nominees. rule and regulation is hereby approved and the Atomic Energy Commission is (c) Fresno District six nominees. as follows: required to indemnify the licensee and (d) Placer-Colfax District one nom­ other persons indemnified against public § 929.150 Transfer or assignment of liability claims in excess of the amount inee. base quantity. (e) North Sacramento Valley District of financial protection required. Subsec­ (a) If indebtedness is incurred withtion 170b requires that for facilities de­ and Central Sacramento Valley District regard to the acreage to which the cran­ signed for producing substantial amounts one nominee. berries are attributed on which the base of electricity and having a rated capacity (f) All of the production area not in­ quantity was established, the base holder of 100 electrical megawatts or more, the cluded in the Kern District, Tehachapi may transfer or assign the base quantity amount of financial protection required District, South Coast District, Southern solely as security for the loan, and during shall be the maximum amount available California District, Tulare District, the existence of such indebtedness no from private sources. For other licensees, further transfer or assignment of the Fresno District, Placer-Colfax District, the Commission may require lesser base quantity by the base holder shall be amounts of financial protection. Finan­ North Sacramento Valley District, and recognized unless the lender agrees cial protection may be in the form of Central Sacramento Valley District one thereto: Provided, That a copy of such private insurance, private contractual nominee. loan agreement shall be filed by any party indemnities, self-insurance or other thereto with the committee before any Dated, January 14,1969, to become ef­ right expressed therein with regard to proof of financial responsibility, or a fective 30 days after publication in the the base quantity shall be recognized combination of such measures. Nonprofit F ederal R e g is t e r . under this paragraph. educational institutions and Federal

FEDERAL REGISTER, VOL. 34, NO. 12— FRIDAY, JANUARY 17, 1969 706 RULES AND REGULATIONS

agencies are not required to obtain fin an - 4. Section 140.92, Appendix B, Article cial protection. dents who have completed at least 3 II, paragraph 8 (a), is amended by delet­ years of collegiate or professional study At present, the maximum amount of ing the number “$57,350,000” wherever leading to the qualifying degree for ap­ financial protection available from pri­ it appears and substituting therefor pointment may be called to active duty vate sources is $74 million, the maximum “$63,550,000.” for the purpose of completing the re­ amount of private nuclear energy liabil­ 5. Section 140.92, Appendix B, Article quirements of § 21.25(a) (3). An appoint­ ity insurance that is available. The in­ II, paragraph 8 (b), is amended by delet­ ment made under this subpart shall be surers who provide such liability insur­ ing the number “$16,650,000” wherever terminated upon the officer’s failure to ance, Nuclear Energy Liability Insurance it appears and substituting therefor continue a full-time course of study or Association and Mutual Atomic Energy “$18,450,000.” failure to meet the requirements of Liability Underwriters, have advised the 6. Section 140.92, Appendix B, Article § 21.25(a) (3) within 18 months after Commission that effective January 1, II, paragraph 8 (c), is amended by delet­ entering on active duty. 1969, the maximum amount of privately ing the number “$74,000,000” wherever 2. This amendment shall be effective available nuclear energy liability insur­ it appears and substituting therefor immediately upon publication in the ance will be increased from $74 million “$82,000,000.” F ed e r a l R e g is t e r . to $82 million. Pursuant to the provi­ 7. Section 140.92, Appendix B, Article sions of subsection 170b of the Act, the III, paragraph 4(b)(2), is amended by W il l ia m H . S t e w a r t , amount of financial protection required changing “$74,000,000” to “$82,000,000.” Surgeon General. for facilities having a rated capacity of 8. Section 140.93, Appendix C, Article Approved: January 9,1969. 100 electrical megawatts or more will be n , paragraph 8, is amended by deleting increased to $82 million, effective Febru­ the number “$74,000,000” wherever it ap­ W il b u r J. C o h e n , ary 1, 1969. The following amendments pears and substituting therefor the num­ Secretary. to 10 CFR Part 140, “Financial Pro­ ber “$82,000,000.” [F.R. Doc. 69-643; Filed, Jan. 16, 1969; tection Requirements and Indemnity 9. Section 140.93, Appendix C, Article 8 :4 9 a .m .] Agreements,” reflect this requirement. III, paragraph 4(b)(2), is amended by The Commission is also considering changing “$74,000,000” to “$82,000,000.” whether to amend other provisions of 10. Section 140.94, Appendix D, Article Part 140 to increase the financial protec­ n , paragraph 6, is amended by changing Title 43— PUBLIC LANDS: tion requirements applicable to licensees “$74,000,000” to “$82,000,000.” of power and testing reactors having an 11. Section 140.95, Appendix E, Article INTERIOR authorized thermal power level in ex­ III, paragraph 4(b)(2), is amended by cess of 1 megawatt but below 100 elec­ changing “$74,000,000” to “$82,000,000.” Chapter II— Bureau of Land Man­ trical megawatts'. This matter will be agement, Department of the Interior the subject of a separate public notice (Sec. 161, 68 Stat. 948; 42 U.S.C. 2201; sec. to be issued in the future. 170, 71 Stat. 576; 42 U.S.C 2210) SUBCHAPTER D— RANGE MANAGEMENT (4000) Since the amendments set out below Dated at Washington, D.C., this 10th [Circular 2255] conform the Commission’s regulations to day of January 1969. PART 4110— GRAZING ADMINISTRA­ a statutory requirement, the Commission For the Atomic Energy Commission. has found that good cause exists for TION (INSIDE GRAZING DISTRICTS) omitting public notice of proposed rule W . B . M cC o o l , (THE FEDERAL RANGE CODE FOR making and public procedure thereon as Secretary, GRAZING DISTRICTS) unnecessary and for making the amend­ [F.R. Doc. 69-697; Filed, Jan. 16, 1969; Grazing Regulations for Public Lands ments effective without the customary 8:5 1 a .m .j 30-day notice. Correction Pursuant to the Atomic Energy Act of In F.R. Doc. 69-526 appearing at page 1954, as amended, and sections 552 and 596 of the issue for Tuesday, January 14, 553 of title 5 of the United States Code, Title 42— PUBLIC HEALTH 1969, the fifth paragraph should read as the following amendments to title 10, follows: Chapter 1, Part 140, Code of Federal Chapter I— Public Health Service, De­ Regulations, are published as a docu­ partment of Health, Education, and The resulting fee formula charges the ment subject to codification, to be effec­ Welfare permittees only for the value of the tive February 1, 1969. public forage grazed after taking into 1. Section 140.11(a) (4) is amended by PART 21— COMMISSIONED account the extent to which public bene­ deleting “$74,000,000” and substituting OFFICERS fits are yielded over and above those therefor “$82,000,000.” Students accruing to the users of the forage re­ 2. Section 140.91, Appendix A, Con­ sources for livestock purposes. ditions, paragraph 4, is amended by 1. Section 21.54 of Part 21, Title 42, deleting footnote 1 and substituting Code of Federal Regulations is amended therefor a new footnote 1 to read as by adding a second exception (b). As follows: “For policies issued by Nuclear amended § 21.54 reads as follows: Title 13— BUSINESS CREDIT Energy Liability Insurance Association § 21.54 Students. the amount will be $63,550,000; for policies issued by Mutual Atomic Energy A potential candidate for appointment AND ASSISTANCE Liability Underwriters, the amount will in the Regular Corps who is pursuing a Chapter I— Small Business be $18,450,000.” course of instruction which, upon com­ Administration 3. Section 140.91, Appendix A, Op­ pletion, would qualify him under §§21.25 or 21.26 for examination for appoint­ [Rev. 3, Arndt. 8] tional Amendatory Endorsement, para­ ment in the junior assistant or assistant graph III, is amended by deleting foot­ grade may be examined for and ap­ PART 120— LOAN POLICY note 1 and substituting therefor a new pointed in the Reserve Corps in the jun­ footnote 1 to read as follows: “For ior assistant grade but shall not be called Disaster Loans and Guarantees policies issued by Nuclear Energy Li­ to extended active duty until the success­ Section 120.4 of Part 120 of Title 13 ability Insurance Association the amount ful completion of such course of instruc­ tion, except that: (a) He may be called of the Code of Federal Regulations is will be $63,550,000; for policies issued by to active duty for purposes of training hereby amended by deleting the last Mutual Atomic Energy Liability Under­ for periods not to exceed 120 days dur­ sentence in subparagraph (b) (4), which writers the amount will be $18,450,000.” ing any fiscal year, and (b) those stu­ read as follows: “This subparagraph (4)

FEDERAL REGISTER, VOL. 34, NO. 12— FRIDAY, JANUARY 17, 1969 RULES AND REGULATIONS 707 does not apply to loans made under the (b) Report the results of inspection find­ Amend § 39.13 of Part 39 of the Fed­ Displaced Business Disaster Assistance ings required by this AD to the Chief, Engi­ eral Aviation Regulations by adding a neering and Manufacturing Branch, FAA, new airworthiness directive as follows: Program.” Eastern Region (Reporting approved by the Effective date: December 30, 1968. Bureau of the Budget under BOB No. G eneral E lectric, Applies to Type OJ805- 04—R0 1 7 4 ). 3, -3A, -3B, -23, -23B, and -23C Turbojet H o w a r d J. S a m u e l s , (c) The repetitive inspection required by E n g in es. Administrator. (a) may be discontinued upon installation Compliance required as indicated. W ithin the next 6,000 hours’ time in serv­ [F.R. Doc. 69-612; Filed, Jan. 16, 1969; of DeHavilland P/N C6WM1133-1 and -2 or equivalent part approved by the Chief, En­ ice after the effective date of this AD or at 8 :4 7 a .m .] gineering and Manufacturing Branch, FAA. the next compressor disassembly, whichever Eastern Region. occurs first, unless already accomplished, (d) The repetitive inspection compliance replace the 12th, 13th, and 14th stage com­ time may be increased by the Chief, Engi­ pressor discs with new ones as indicated Title 14— AERONAUTICS AND neering and Manufacturing Branch, FAA, b elo w : Eastern Region, upon receipt of substan­ tiating data submitted through an FAA Disc stage G.E. P /N ’s to be replaced New P/N SPACE maintenance inspection. Chapter I— Federal Aviation Admin­ This amendment is effective Janu­ 12...... 106R686P1 or 108R627P1-.... 111R232P2. 13...... 106R687P1 or 108R628P1..... 111R233P2. istration, Department of Transpor­ ary 16, 1969 and was effective upon re­ 14...... 106R688P1 or 108R629P1___. 111R234P2. tation ceipt by all recipients of the telegram The information in this AD is similar to SUBCHAPTER C— AIRCRAFT dated December 31, 1968, which con­ that contained in General Electric Service [Docket No. 69-EA-3; Amdt. 39-709] tained this amendment. Bulletins (880) 72-253 and (990) 72-260 and (Sec. 313(a), 601 and 603 of the Federal Revisions Nos. 1 and 2. PART 39— AIRWORTHINESS Aviation Act of 1958; 49 USC 1354(a), 1421 [F.R. Doc. 69-606; Filed, Jan. 16, 1969; and 1423, and sec. 6(c) of the DOT Act; DIRECTIVES 8 :4 6 a .m .j 49 USC 1655(c)) DeHavilland Type Aircraft Issued in Jamaica, N.Y., on January 8, The Federal Aviation Administration 1969. [Docket No. 68-EA-144, Amdt. 39-708] is amending § 39.13 of Part 39 of the R . M . B r o w n , PART 39— AIRWORTHINESS Federal Aviation Regulations so as to Acting Director, Eastern Region. publish an airworthiness directive ap­ DIRECTIVES [F.R. Doc. 69-605; Filed, Jan. 16, 1969; plicable to DeHavilland DHC-6 type i 8:46 am.] Lycoming Engines airplanes. There has been a report of a cracked The Federal Aviation Administration wing front fitting on DHC-6 airplanes [Docket No. 68-EA-117; Amdt. 39-710] is amending § 39.13 of Part 39 of the with resultant loss of support from the Federal Aviation Regulations so as to fuselage for the forward part of the PART 39— AIRWORTHINESS amend airworthiness directive 66-6-3 wing. Since this condition is likely to DIRECTIVES which applies to Lycoming type 10-360- A1A engines. exist or develop in other aircraft of the General Electric Aircraft Engines same type design, an airworthiness di­ A.D. 66-6-3 applies to connecting rod assemblies P/N 74503 and requires their rective is being issued to require an im­ On page 16600 of the F e d e r a l R e g is t e r of November 14, 1968, the Federal Avia­ replacement within certain service limits. mediate inspection followed by repetitive P/N 74308 assembly is similar in design inspections. tion Administration published a pro­ and must also be replaced. The amend­ Since a situation exists that requires posed airworthiness directive which ment, thus, will incorporate P/N 74308 immediate adoption of this amendment, would require replacement of the 12th, into AD 66-6-3. it is found that notice and public pro­ 13th, and 14th stage compressor discs on Since immediate corrective action is cedure herein are impracticable and good the General Electric Type CJ805 aircraft required, notice and public procedure engines. herein are impractical and good cause cause exists for making this amendment exists for making the amendment effec­ effective in less than 30 days. Interested parties were given 30 days tive in less than 30 days. In consideration of the foregoing and after publication in which to submit In view of the foregoing and pursuant pursuant to the authority delegated to written data or views. No objections to to the authority delegated to me by the me by the Administrator, 14 CFR 11.85 the proposed regulations have been Administrator, 14 CFR 11.85 (31 F.R. [31 F.R. 13697], § 39.13 of Part 39 of received. 13697), § 39.13 of the Federal Aviation the Federal Aviation Regulations is Regulations is amended as follows: amended by adding the following new In view of the foregoing and pursuant 1. Amend § 39.13 of Part 39 of- the Airworthiness Directive. to the authority delegated to me by the Federal Aviation Regulations by insert­ Applies to DeHavilland DHC-6 type air­ Administrator, 14 CFR 11.89, F.R. 13697, ing the phrase “and P/N 74308” after planes Serial Nos. 1 through 105 certificate« § 39.13 of Part 39 of the Federal Aviation the numerals “74503” wherever they ap­ in all categories. Regulations is hereby amended by pear in A.D. 66-6-3. (a) Prior to the next flight unless accom­ adopting the rule as proposed. This amendment is effective Janu­ plished within the last 25 hours time ii ary 16, 1969. service, and at intervals thereafter not t< This amendment is effective Febru­ exceed 25 hours tim e in service from the Iasi ary 14,1969. (Sec. 313(a), 601, and 603 of the Federal inspection, inspect the outside faces anc Aviation Act of 1958, 49 U.S.C. 1354(a), 1421 corner Radii of the left and right wing fronl (Secs. 313(a), 601, and 603 of the Federal and 1423, and sec. 6(c) of the DOT Act, 49 fittings, P/N C6WM1031—1, and —2 for cracks Aviation Act of 1958, 49 U.S.C. 1354(a), 1421, U.S.C. 1655(c)) using dye penetrant and a glass of at leasl and 1423; and sec. 6(c) of the DOT'Act, Issued in Jamaica, N.Y., on January 8, 10-power, or an FAA-approved equivalent 49 U.S.C. 1655(c)). 1969. inspection. Replace cracked parts befoit R . M . B r o w n , further flight with a part of the same pan Issued in Jamaica, N.Y., on January number or with an equivalent part approved 8,1969. Acting Director, Eastern Region. oy the Chief, Engineering and Manufactur­ R . M . B r o w n , [F.R; Doc. 69-607; Filed, Jan. 16, 1969; ing Branch, FAA, Eastern Region. Acting Director, Eastern Region. 8 :4 6 a .m .]

FEDERAL REGISTER, VOL 34, NO. 12— FRIDAY, JANUARY 17, 1969 70S r u les a n d regulations

SUBCHAPTER F— AIR TRAFFIC AND GENERAL OPERATING RULES

[Reg. Docket No. 9326; Arndt. 631]

PART 97— STANDARD INSTRUMENT APPROACH PROCEDURES Miscellaneous Amendments The amendments to the standard instrument approach procedures contained herein are adopted to become effective when indicated in order to promote safety. The amended procedures supersede the existing procedures of the same classification now in effect for the airports specified therein. For the convenience of the users, the complete procedure is republished in this amendment indicating the changes to the existing procedures. As a situation exists which demands immediate action in the interests of safety in air commerce, I find that compliance with the notice and procedure provisions of the Administrative Procedure Act is impracticable and that good cause exists for making this amendment effective within less than 30 days from publication. In view of the foregoing and pursuant to the authority delegated to me by the Administrator (24 F.R. 5662), Part 97 (14 CFR Part 97) is amended as follows: 1. By amending § 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:

Standard I nstrument Approach P rocedure—T ype ND B (A D F ) Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles. If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, unless an approach ig conducted in accordance with a different procedure for such airport authorized by the Administrator. 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 mínimums 2-engine or less More than Course and Minimum - 2-engine, From— To— distance altitude Condition 65 knots More more than (feet) or less than 65 65 knots __ £ knots

DSM V O R...... LOM...... 2400 T-rln*% 300-1 200-M Mine In t...... LOM (final)...... 2200 C-dn 400-1 500-1 500-1)4 Grimes In t...... ______LOM...... 2500 S-dn-30#...... 400-1 400-1 400-1 Ankeny Int______...... LOM...... 2500 800-2 800-2 Elkhart Int______...... LOM...... 2500 Beech Int______Mine In t______...... D irect...... 2400 T N U VOR...... Swan In t...... 2500 Swan In t...... Mine Int______...... D irect...... 2400

Radar available. Procedure turn E side of crs, 125° Outbnd, 305° Inbnd, 2400' within 10 miles. Minimum altitude over facility on final approach crs, 2200'. Crs and distance, facility to airport, 305°—4.3 miles. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 4.3 miles after passing LOM, climb to 2800' on 305° bearing from LOM, turn left, proceed direct to DS LOM, or when directed by ATC, climb to 3000', proceed to Grimes Int via 305° bearing from LOM and DSM VOR R 331°. ♦When 1546' tower, 3.2 miles N N E of airport not visible on takeoffs to N and NW, climb to 2100' on 305° heading and takeoffs to NE climb to 2100' on 050° h id in g before turning toward tower. %RVR 2400' authorized Runway 30. #RVR 40 with operative ALS, except 4-engine turbojets. MSA within 25 miles of facility: 000°-090°—2800'; 090°-180°—2300'; 180°-270°—2400'; 270°-360°—2600'. City, Des Moines; State, Iowa; Airport name, Des Moines Municipal; Elev., 9&7'; Fac. Class., LOM; Ident., DS; Procedure No. N D B (ADF) Runway 30, Arndt. 10; Eff. date, 30 Jan. 69; Sup. Arndt. No. 9; Dated, 18 Feb. 67

HSI V O R______HSI RBn...... Direct______3700 T-dn...... 300-1 300-1 300-1 GRI VOR______...... HSI R B n ...... 3700 C-dn&$ 500-1 500-1 500-114 8-dn-14&$_____ 400-1 400-1 400-1 A-dn&$______800-2 800-2 800-2

Procedure turn W side of crs, 326° Outbnd, 146° Inbnd, 3700' within 10 miles. Minimum altitude over facility on final approach crs, 3500'. Crs and distance, facility to airport, 146°—4.9 miles. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 4.9 miles after passing HSI RBn, climb to 3700' on 135° bearing from HSI RBn within 10 miles, turn right and return to HSI RBn. N otes: (1) Use Grand Island, Nebr., altimeter setting when control zone not effective. (2) When instrument flight planned to NW, N , or N E , maintain runway heading 140°-320° as appropriate until 3700' before departing on crs. (3) Lights operating on Runways 14-32 only. Caution: 2707' tower, 2.8 miles N N E of airport. &These minimums apply at all times for those air carriers with approved weather reporting service. $Circling and straight-in ceiling minimums are raised 100' and alternate minimums not authorized when control zone not effective; MSA: 000°-090°—4100'; 090°-180°—3800'; 180°-360°—4300'. City, Hastings; State, Nebr.; Airport name, Hastings Municipal; Elev., 1954'; Fac. Class., HW; Ident., HSI; Procedure No. N D B (ADF) Runway 14, Arndt. 4; Eff. date, 30 Jan. 69; Sup. Arndt. No. A D F 1, Arndt. 3; Dated, 13 Aug. 66

FEDERAL REGISTER, VOL 34, NO» 12— FRIDAY, JANUARY 17. 1969 RULES AND REGULATIONS 709

Standard in strum ent approach P rocedure—T y pe NDB (ADF)—Continued

. . . . LOM...... Direct...... 2900 T-dn* ___ 300-1 300-1 200-H LOM ...... Direct...... 3000 C-dn.______400-1 600-1 500-lJi LOM ______Direct____ _...... 2700 S-dn-13...... 400-1 400-1 400-1 A-dn___ . . ___ 800-2 800-2 800-2

Procedure turn N side of crs, 311° Outbnd, 131° Inbnd, 2500' within 10 miles. Minimum altitude over facility on final approach 2100'. KfvêuMi n t a c t ’not^taM^h^d°upoif descent^Authorized landing minimums or if landing not accomplished within 3.7 miles after passing LOM, climb to 2800' on 131° crs, proceed to Granby Int or, when directed by ATC, make left turn, climbing to 2500' and proceed to LOM. N ote: Final approach from holding pattern at JL LOM not authorized, procedure turn required...... ^ .. , , , »When weather is below 1100-3, southwestbound IFR departures climb to 2500' within 4 miles of the Municipal Airport before proceeding on crs, due to 2049 tower, 4.5 miles SSW of airport. , ______, MSA within 25 miles of facility: 000°-090°—2400'; 090°-180°—3100'; 180°-270°—3000'; 270°-360°—3100'. Citv JoDlin; State, Mo.; Airport name, Joplin Municipal; Elev., 980'; Fac. Class., LOM; Ident., JL; Procedure No. N D B (ADF) Runway 13, Arndt. 14; Eff. date, 30 Jan. 69; Sup. Arndt. No. 13; Dated, 14 Oct. 67

...... LOM...... Direct...... 3000 T-dr*...... 300-1 300-1 200- TOP VOR ...... LOM...... Direct...... 2500 C-dn...... 600-1 600-1 600-1& S-dn-13@-...... 500-1 500-1 500-1 A-dn______800-2 800-2 800-2 ADF/VOR Minimums: S-dn-13@...... 400-1 400-1 400-1

Radar available. Procedure turn N side of crs, 306° Outbnd, 126° Inbnd, 2500' within 10 miles. Minimum altitude over TOP RBn on final approach crs, 2100', over Garfield Int, 1380'. Crs and distance, TOP RBn to Garfield Int, 126°—2.5 miles, Garfield Int to airport, 126°—1.4 miles. „ „ _ _ .. . , If visual contact not established upon descent to authorized landing minimums or if landmg not accomplished within 3.9 miles after passing TOP RBn, climb to 2600 on 126° crs within 15 miles or, when directed by ATC, (1) turn left, climbing to 2600', proceed to TOP VOR or; (2) turn left, climbing to 2500' and return to TOP LOM. Note: Final approach from holding pattern at TOP LOM not authorized, procedure turn required. ©Sliding scale not authorized. , , , ...... , , •When weather is below 1200-3, westbound IFR departures climb to 2500' within 5 miles of the Municipal Amportbefore proceeding on crs due to 2031' tower, 6.2 miles west of airport. - - . . . MSA within 25 miles of facility: 000°-090°—2700'; 090°-180°—2700'; 180°-270°—3600'; 270°-360°—2700'. City, Topeka; State, Kans.; Airport name, Philip Billard Municipal; Elev., 880'; Fac Class., MHW; Ident., TOP; Procedure No. N D B (ADF) Runway 13, Arndt. 20; Eft. date, 30 Jan. 69; Sup. Arndt. No. 19; Dated, 4 Feb. 67

Standard I nstrument Approach P rocedure—T ype VOR Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles. _ . . ., , . . , If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator. Initial approaches shall be made over specified routes. Minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.

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

GRI VOR HSI VOR...... Direct...... 3700 T-dn...... 300-1 300-1 300-1 C-dn&$...... 600-1 600-1 600-1K S-dn-14&$...... 600-1 600-1 600-1 A-dn&$...... 800-2 800-2 800-2 Minimums with VOR/ADF receivers: C-dn&$______500-1 500-1 500-1H S-dn-14&$...... ■ 400-1 400-1 400-1

Procedure turn W side of crs, 328° Outbnd, 148° Inbnd, 3700' within 11 miles. M inimum altitude over Hansen Int on final approach crs, 2554'% (2654'% when control zone not effective). Crs and distance, Hansen-Int to airport, 148°—5 miles; Hansen Int to VOR, 148°—5.2 miles; breakofl point to Runway 14, 140°—0.6 mile. If visual contacirnot established upon descent to authorized landing minimums or if landing not accomplished within 0 mile after passing HSI VOR, climb to 3700' on R 133° within 10 miles, make left turn and return to HSI VOR. Caution: 2707' tower, 2.8 miles N N E of airport. N otes: (1) Use Grand Island altimeter setting when control zone not effective. (2) When instrument flight planned to N , NW, or N E , maintain runway heading 140°-320° as appropriate until 3700' before departing on crs. (3) Lights operating on Runways 14-32 only. &These minimums apply at all times for those air carriers with approved weather reporting service. $Circling and straight-in ceiling minimums are raised 100' and alternate minimums not authorized when control zone not effective. MSA: 000°-090°—4100'; 090°-180°—3800'; 180°-360°—4300'. City, Hastings; State, Nebr.; Airport name, Hastings Municipal; Elev., 1954'; Fac. Class., BVOR; Ident., HSI; Procedure No. VOR Runway 14, Arndt. 7; Eff. date, 30 Jan 69; Sup. Arndt. No. TerVOR-14, Arndt. 6; Dated, 10 Sept. 66

HSI V O R______...... Direct...... 3700 T-dn...... 300-1 300-1 300-1 C-dn&$.____ 600-1 600-1 600-1^ S-dn-32&$__ 600-1 600-1 600-1 A-dn&$...... 800-2 800-2 800-2

Procedure turn E side of crs, 133° Outbnd, 313° Inbnd, 3700' within 10 miles. Minimum altitude over facility on final approach crs 2554'% (2654'% when control zone not effective). Facility on airport. Breakofl point to Runway 32,320°—0.7 mile. . If visual contact not established upon descent to authorized landing minim ums or if landing not accomplished within 0 mile after passing HSI VO R, climb to 3700' on R 328° within 12 miles, make left turn and return to HSI VOR. oN otes: (1) Use Grand Island, Nebr., altimeter setting when control zone not effective. (2) When instrument flight planned to N , NW, or N E , maintain runway heading 140 -320° as appropriate until 3700' before departing on crs. (3) Lights operating on Runways 14-32 only. Caution: 2707' tower, miles N N E of airport. &These minimums apply at all times for those air carriers with approved weather reporting service. SCircling and straight-in ceiling minimums are raised 100' and alternate minimums not authorized when control zone not effective; MSA: 000°090°—4100'; 090°-180 —3800'; 180°-360°—iSOO7. City, Hastings; State, Nebr.; Airport name, Hastings Municipal; Elev., 1954'; Fac. Class., BVOR; Ident., HSI; Procedure No. VOR Runway 32, Arndt. 6; Eff. date, 30 Jan.69; Sup. Arndt. No. Ter VOR-32, Arndt. 4; Dated, 13 Aug. 66

FEDERAL REGISTER, VOL. 34, NO. 12— FRIDAY, JANUARY 17f 1969 710 RULES AND REGULATIONS

Standard I nstrument Approach P rocedure—T ype T erminal VOR

IDA RBn. VOR______Direct______6200 T-dn%._...... _ 300-1 300-1 200-% Rigby Int. VOR______Direct______6200 C-dn_...... 600-1 600-1 500-1% S-dn-2*...... 500-1 600-1 600-1 PIH VOR____ IDA VOR. __ Via PIH R 010° 7000 A-dn...... 800-2 800-2 800-2 and IDA R 206°.

Radar available. __ Procedure turn W side crs, 206° Outbnd, 026° Inbnd, 6200' within 10 miles. Minimum altitude over Shelley Radar Fix (R 206°/10 miles) on final approach crs, 7000'; over VOR, 5240'. Crs and distance, breakofl point to Runway 2, 021°—1 mile. H visual contaet not established upon descent to authorised landing minimums or if landing not accomplished within 0 mile after passing IDA VOR, ««mh to 7000' on R 013 within 10 miles, or w ton directed by ATC, within 0 mile after passing IDA VOR, turn left climbing to 7000' on R 196° of IDA V O R w ithin 10 miiao Note: Chart SheDey Radar Fix in plan view only. *500-% authorized, with operative high-intensity runway lights, except for 4-engine turbojet aircraft. % Takeoff all runways: Shuttle climb on R 196° of IDA VOR within 20 miles to minimum altitude required for direction of flight Direction of flight MCA E V -330...... 6400 MSA within 25 miles of facility: 000°-090°—9400'; 090°-180°—8800'; 180°-270°—7900'; 270°-360°—7000'. City, Idaho Falls; State, Idaho; Airport name, Fanning Field; Elev., 4740'; Fac. Class., L-BVOR; Ident., IDA; Procedure No. VOR Runway 2, Arndt. 10; Eif. Date, 30 Jan 69; Sup. Arndt. No. VOR-2, Arndt. 9; Dated, 10 Sept. 66

IDA RBn. VOR...... 6500 T-dn%_...... 300-1 300-1 Rigby In t. IDA RBn (final)...... Direct...... 5400 C-dn*...... 500-1 500-1 500-1% S-dn-20*#...... 400-1 400-1 400-1 A -dn...... 800-2 800-2 800-2

Radar available. Procedure turn N side of crs, 013° Outbnd, 193° Inbnd, 6200' within 10 miles. Minimum, altitude over IDA RBn on final approach crs, 5400'; over VOR, 5140'. Crs and distance, breakofl point to Runway 20, 201°—0.5 mile. vjsual contact not established upon descent to authorized landing minimums or if landing not accomplished within 0 mile of ID A VOR, elimh to 7000' on R 196 IDA VOK within 10 miles. *ADF equipment required for descent below 5400'. #400-% authorized, except for 4-engine turbojet aircraft, with operative high-intensity runway lights. %Takeofl all runways: Shuttle climb on R 196 of ID A V O R within 20 miles to m inim um altitude required for direction of flight. Direction of flight MCA EV-330...... 6400 MSA within 25 miles of facility: 000°-090°—9400'; 090°-180<>—8800'; 180°-270°—7900'; 270°-360°—70007. City, Idaho Falls; State, Idaho; Airport name, Fanning Field; Elev., 4740'; Fac. Class., BVOR; Ident., IDA; Procedure Nö. VOR Runway 20, Arndt. 6; Eff. date 30 Jan 69; Sup. Arndt. No. VOR-20, Arndt. 5; Dated, 28 May 66

Wilton In t____ JEF VO R...... Direct...... 2900 T -d ...... 500-1 500-1 600-1 Algoa Int____ JEF V O R___ Direct...... 2400 T -n...... 500-2 500-2 500-2 CBI VO R___ Scott Int.,.___ Direct...... 2400 C-dn$&...... 700-1 700-1 700-1% Scott Int...... Cole Int (final) Direct______1800 S-dn-12$&@___ 700-1 700-1 700-1 Guthrie Int__ JEF VOR___ Direct...... 3000 A-dn$&______1000-2 1000-2 1000-2 Jamestown Int. Scott Int_____ Direct______2400

Procedure turn S side of crs, 302° Outbnd, 122° Inbnd, 2400' within 10 miles. Minimum altitude over facility on final approach crs, 1247'*, (1347'* when control zone not effective.) Facility on airport. Crs and distance, Cole Int to airport, 122—5.8 miles; breakofl point to Runway 12,116°—0.9 mil» J -i^ lsJJaLc.on^ ct. n9t established upon descent to authorized landing minimums or if landing not accomplished within 0 mile after passing JEF VOR, climb to 2500' on JEF VOR R 112 within 10 miles, make right turn and return to JEF VOR. Hold SE on JEF VOR R 112°, 292° Inbnd, left turns. N otes: (1) Use Columbia, Mo., altimeter setting when control zone not effective. (2) H weather is below 1300-3, climb to 1200' on runway heading before departing to NE. Caution: 985 tower located 1.3 miles W of airport. 1000' tower located 2.7 miles SE of airport. 1151' tower located 3.9 miles N E of airport. 1784' tower located 6.2 miles NE of airport. ' $Circling and straight-in ceiling minimums are raised 100' and alternate minimums not authorized when control zone not effective. &These minimums apply at all times for air carriers with approved weather reporting service. ©Reduction not authorized for nonstandard REIL. MSA within 25 miles of facility: 000°-090°—2800'; 090°-180°—2300'; 180°-270°—2200'; 270°-360°—2700'. City, Jefferson City; State, Mo.; Airport name, Jefferson City Memorial; Elev., 547'; Fac. Class., L-BVOR; Ident., JEF; Procedure No. VOR Runway 12, Arndt. 6; Eff. date 30 Jan. 69; Sup. Arndt. No. 5; Dated, 7 Dec. 67

T-dn*...... 300-1 300-1 200-% C-dn______600-1 600-1 600-1% S-dn-22#...... 600-1 600-1 600-1 A-dn______800-2 800-2 800-2

Radar available, j. Procedure turn W side of crs, 031° Outbnd, 211° Inbnd, 2600' within 10 miles. Minimum altitude over facility on final approach crs, 2300'. Crs and distance, facility to airport, 211°—4.9 miles. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 4.9 milng after passing TOP VOR. climb to 2600' on R 166° within 20 miles dr, when directed by ATC, turn left, climb to 2600' and return to TOP VOR. •When weather is below 1200—3, westbound IF R departures climb to 2600' Within 5 miles of the Municipal Airport before proceeding on crs due to 2031' tower, 6.2 miles west of the airport. ’ #Reduction not authorized. MSA within 25 miles of facility: 000°-090°—2700'; 090°-180°—2700'; 180®-270°—3600'; 270°-360°—2700'. City, Topeka; State, Kans.; Airport name, Philip Billard Municipal; Elev., 880'; Fac. Class., L-BVORTAC; Ident., TOP; Procedure No. VOR Runway 22, Arndt. 10; Efl. date, 30 Jan. 69; Sup. Arndt. No. 9; Dated, 4 Feb. 67 2. By amending § 97.11 of Subpart B to delete low or medium frequency range (L/MF), automatic direction finding (ADF) and vefy high frequency omnirange (VOR) procedures as follows: Charlotte, N.C.—Douglas Municipal, NDB (ADF) Runway 5, Arndt. 20, 6 Jan. 1968 (established under Subpart C). 3. By amending § 97.11 of Subpart B to cancel low or medium frequency range (L/MF), automatic direction finding (ADF) and very high frequency omnirange (VOR) procedures as follows: Elkins, W. Va.—Elklns-Randolph County, LFR-1, Arndt. 6, 4 Apr. 1968, canceled, effective 30 Jan. 1969.

FEDERAL REGISTER, VOL. 34, NO. 12— FRIDAY, JANUARY 17, 1969 RULES AND REGULATIONS 711

4. By amending § 97.15 of Subpart B to amend very high frequency omnirange-distance measuring equipment (VOR/DME) procedures as follows: Standard I nstrument Approach P rocedure—T ype VOR/DME Bearings, headings, courses and radiate are magnetic. Elevations and altitudes are in feet MSL. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except vteibflities which are in statute miles- . . ^ „ir iw + ** ow i be in accordance with the following instrument approach procedure,

Ceiling and visibility minimums Transition 2-«ngine or less More than Course and Minimum 2-engine, More more than. To— distance altitude Condition 65 knots From— (feet) Or less than 65 65 knots knots

300-1 7-mile DME Fix, R 108° TOP VOR.. .. Direct______2700 T-dn*.. 306-1 300-r TOP V O R ...... - ...... ■ • Direct ...... 2700 C -dn... 600-1 600-1 600-1% . Perrv Int______NA NA . 7-mile DME Fix, R 108° TOP VOR.. .. Via 7-mile DME 2700 A -dn... NA 7-mile DME Fix, R 022°, TOP VOR clockwise.. Arc. 2700 7-mile DME Fix, R 108° TOP VO R...... Perry Int (final)______Direct......

P r w w lS r e t^ N side of crs, 288° Outbnd, 108° Inbnd, 2700'within 10 miles of Perry Int. Minimum altitude over Perry Int on final approach crs, 270U. S v i 5 S S “ A “ l X b M & « tadiM , ».« acaompnshad a. 17.3-mlle DME EH, make left tar», climbing to O T ;

retUi?oT)Ea'e(i? Liriiti o'o RuwaysWO only. (2) Use Topeka, Kans., altimeter setting. .

City, Lawrence; State, K ans, Airport name, Lawrence T 0P ; ”?? ^ “ * 5. By amending § 97.15 of Subpart B to delete very high frequency omnirange-distance measuring equipment (VOR/DME >

Pr^ (lh S o tt|SN0C.—Douglas Municipal, VOR/DME Runway 5, Arndt. 2, 8 July 1967 (established under Subpart C). Charlotte’ N.C.—Douglas Municipal, VOR/DME No. 1, Arndt. 3, 23 June 1966 (established under Subpart C). Charlotte N.C.—Douglas Municipal, VOR/DME No. 2, Amdt. 1, 23 June 1966 (established under Subpart C). Charlotte, N.C.—Douglas Municipal, VOR/DME Runway 36, Amdt. 2, 8 July 1967 (established under Subpart C). 6. By amending § 97.17 of Subpart B to amend instrument landing system (ILS) procedures as follows: Standard I nstrument Approach P rocedure—T ype .ILS Beerings, headings, morses snd tadisls «re magnetic. Elevations and altitudes are in feet MSL. Ceilings are In leet above airport elevation. Distances are In nantleal miles

routes. Mnfmnm altitudes shall correspond with those established for en route operation in the particular area or as set forth below.______

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

LOM...... Direct. 2400 T -d n *#...... 300-1 300-1 200-% Des Moines VOR C-dn...... 400-1 500-1 500-1% Ankeny Int...... LOM...... Direct. 2500 LOM...... -...... Direct. 2500 S-dn-30**#:___ 200-% 200-% 200-% Grimes Int...... 600-2 600-2 600-2 Elkhart In t...... LOM...... - ...... Direct. 2500 A-dn...... Mine Int______LOM (final)...... Direct. 2400 Beech Int_____„. Mine I n t ...... Direct. 2400 TNU VOR...... Swan Int------Direct. 2500 Swan Int______Mine I n t...... Direct. 2400

Radar available. . _ Procedure turn E side of crs, 125° Outbnd, 305° Inbnd, 2400 within 10 miles. Minimum altitude at glide slope interception Inbnd, 2400'.

^C ^U H O N r^h’e^n wVaYher bTlow 600^lVlan IFR departures northbound to avoid 1546' tower, 3.2 miles N of airport. **406-% required when glide slope not utilized; 400-% authorized with operative ALS except for 4-engine turbojets. #RVR 2400'. Descent below 1157' not authorized unless ALS is visible. # R V R 2400' authorized Runway 30. . „ o MSA within 25 miles of facility: 000°-090°—2800'; 090°-180°—2300'; 180 —270 2400 ; 270 360 2600'. City, Des Moines; State, Iowa; Airport name, Des Moines Municipal; Elev., 957'; Fac. Class., ILS; Ident I-DSM; Procedure No. ILS Runway 30, Amdt. 10; EH. date, 30 Jan ’ 69; Sup. Amdt. No. 9; Dated, 18 Feb. 67

300-1 300-1 200- % Granby In t.. LOM. D irect...... 2700 T-dn*...... Direct...... 2900 C-dn...... 400-1 500-1 500-1% Nashville Int. LOM. 300-% 300-% 300-% EOS V O R ... LOM. Direct...... 3000 S-dn-13@. A-dn...... 600-2 600-2 600-2

Procedure turn N side of crs, 311° Outbnd, 131° Inbnd, 2500' within 10 miles* Minimum altitude at glide slope interception Inbnd, 2100'. , . _ ., Altitude of glide slope and distance to approach end of runway at LOM, 2051 —3.7 miles; at MM, 1160 , ,, . _ ■ TT T nlVr .iiTntl oc/vy nn or If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 3.7 miles after passing JL LOM, climb to 2800 on bJS crs ILS, proceed to Granby Int or, when directed by ATC, make left turn, climbing to 2500' and proceed to LOM. N ote: Final approach from holding pattern not authorized. Procedure turn required. SiMin^ua'Cinmr ium llw i •When weather is below 1100-3, southwestbound IFR departures climb to 2500' within 4 miles of the Municipal Airport before proceeding on crs, due to 2049 tower, 4.5 miles 8SW of airport. . . __. . . @400-1 required when glide slope not utilized. 400-% authorized with operative H IR L, except for 4-engine turbojets. MSA within 25 miles of JL LOM: 000°-090°—2400'; 090°-180°—3100°; 180 -270°—3000'; 270 -360 —3100 . City, Joplin; State, Mo.; Airport name, Joplin Municipal; Elev:, 980'; Fac. Class., ILS; Ident., I-JLN; Procedure No. ILS Runway 13, Amdt. 13; Ef£. date, 30 Jan. 69; . ’ ■ Sup Amdt. No. 12; Dated, 14 Oct. 67

FEDERAL REGISTER, VOL. 34, NO. 12— FRIDAY, JANUARY 17, 1969 N o. 12— P t. I- 712 RULES AND REGULATIONS

Standard I nstrument Approach P rocedure—T ype ILS—Continued

Granby Int. Webb City Int (final)...... Direct. JL LOM___ 2700 T -dn *...... 300-1 300-1 20044 Webb City Int...... Direct. 2800 C-dn...... 500-1 500-1 600-1)4 S-dn-31@...... 500-1 600-1 500-1 A-dn__...... 800-2 800-2 800-2

Procedure turn E side of SE crs, 131° Outbnd, 311° Inbnd, 2800' within 10 miles of Webb City Int No glide slope. Minimum altitude over Webb City Int on final approach crs, 2700'. Crs and distance, Webb City Int to airport, 311°—5.9 miles. on the!NWcrs ofJLN^ocaifwr1 4 ° authorized landin8 minimums or if landing not accomplished within 5.9 miles after passing Webb City Int, climb to 2500; Note; Dual VO R receivers required. SS w 7 f e ather iS bel°W 110°”3’ southwestbound IFR departures climb to 2500' within 4 miles of the Municipal Airport before proceeding on crs, due to 2049' tower, 4.5 miles ©Reduction not authorized. City, Joplin; State, Mo.; Airport name, Joplin Municipal; Elev., 980'; Fac. Class., ILS; Ident., I-JLN; Procedure No. LOC (BC) Runway 31, Arndt 11- Eft date 30 Jan 69/ Sup. Arndt. No. 10; Dated, 11 Feb. 67

Narrows VHF Int. LOM (final)...... Direct______Channel VH F Int. 1300 T-dn*...... 300-1 309-1 200-14 Narrows VHF Int. Via JFK VOR, 1600 C-dn...... 600-1 600-1 600-114 R 189° and S-dn-4R# **___ 200-J4 200-14 20044 SBJ VOR, A-dn...... 600-2 600-2 600-2 R 114°. Category II special authorization required: TDZ elevation, 12'. S-dn-4R-DH 150', RVR 1600', 162' MSL, RA 162'.

Radar available. Procedure turn S side of crs, 222° Outbnd, 042° Inbnd, 1300' within 10 ™iiag of LOM. Minimum altitude at glide slope interception Inbnd, 1300'. Altitude of glide slope and distance to approach end of runway at OM, 797'—2.7 miles; at MM, 221'—0.6 mile. K visual contact not established upondescent to authorized landing minimums or if landing not accomplished within 2.7 miles after passing LOM, climb straight ahead to 600'then make a climbing right turn to 3000'on JFK R 077° to Deer Park VOR. Hold E, 1-minute left turns, Inbnd crs 257°. g ’ siraigni aneaa to Category II missed approach: Climb straight ahead to 500', then make a climbing right turn to 3000' on JFK R 077° to’Deer Park VOR. Hold E, 1 minute left turns Inbnd crs, ¿57 • f t overCM " ™ r touchdo^“ ^6 *6 mUes; at 0 M ' 2’8 mUes! at M M > °-75 ™ E should not be used t o determine aircraft position #Glide slope inoperative minimums 400-J4 Categories A. B, C; 40044 Category D. *RVR Runways 4R, 22L, 2000', 4-engine turbojets. 1800' other aircraft. RVR Runway 31L, 2000'. RVR Runway 31 2400' **RVR 2000' 4-engine turbojets. 1800r other aircraft. Descent below 212' not authorized unless ALS visible MSA within 25 miles of LOM: 000°-090°—2000'; 090°-180°—1400'; 180°-270°—1600'; 270°-360°—2600' Supplementary charting information: Category II, D H 162', MSL located 2225' from runway threshold. City, New York; State, N.Y.; Airport name, John F. Kennedy International; Elev^-12'; Fac. Class., ILS; Ident., I-JFK; Procedure No ILS Runwav 4R Arndt 15- Efl date, 28 Jan. 69; Sup. Arndt. No. 14; Dated, 18 Apr. 68 ’ ’

Standard I nstrument Approach P rocedure—T ype LOC C?urses a?*LfiiSSi? are juagnetic. Elevations and altitudes are in feet MSL. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise Indicated, except visibilities which are in statute miles. If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, ^ , aPPr?acbi,s, conducted in accordant with a different procedure for such airport authorized by the Administrator. Initial approaches shall be made over specified routes. MlnlmUm altitudes shall correspond with those established for en route operation in the particular area or as set forth below.

Transition Ceiling and visibility minimums _ 2-engine or less More than Course and Minimum ------2-engine, Dxom— To— distance altitude Condition 65 knots - More more than (feet) or less than 66 66 knots knots

T -dn...... _ ; 300-1 300-1 20043 C-dn...... 600-1 600-1 600-1)5 S-dn-13L 30044 30044 30044 A-dn______600-2 600-2 600-2 Glide slope inoperative minimums: 8-dn-13L#...... 600-1 600-1 600-1

Radar required. Procedure turn not authorized. Crs and distance OM to airport, 132°—4.1 miles. Minimum altitude at glide slope interception Inbnd. 1500'. Altitude of glide slope and distance to approach end of runway at OM, 1371'—4.1 miles; at MM, 212'—0.6 mile. •d estobhshe3 upondescent to ^ttorteedlanding minimumsor if landing not accomplished, climb straight ahead, intercept and proceed via the JFK R 077° to DPK VORTAC climbing to 3000'. Hold at DPK VORTAC, 1 minute, left turns, 257° Inbnd. Supplementary charting information: (1) Start profile at glide slope interception altitude. (2) TDZ elevation, 12'. ^Inoperative components table does not apply to HIRLs. City, New York; State, N.Y.; Airport name, John F. Kennedy International; Elev., 12'; Fac. Class., ILS; Ident.; I-TLK; Procedure No. ILS Runway 13L; Arndt. 1; Efl. date, 30 Jan. 69; Sup. Arndt. No. LOC Runway 13L, Orig.; Dated, 19 Dec. 68 y

FEDERAL REGISTER, VOL. 34, NO. 12— FRIDAY« JANUARY 13* 1969 RULES AND REGULATIONS 713

Standard I nstrum ent Approach P rocedure—-Type ILS Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles...... ___ If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator. Initial approaches shall be made over specified routes. Minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.

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

...... LOM...... Direct...... 3000 T-dn*—...... 300-1 300-1 200-% TOP VOR...... —...... ______LOM...... Direct...... , 2500 C-dn______600-1 600-1 600-1% S-dn-13@...... 300-% 300-% 300-% A-dn...... 600-2 600-2 600-2

Radar available. ' , ...... Procedure turn N side of crs, 306° Outbnd, 126° Inbnd, 2500' within 10 miles. Minimum altitude at glide slope interception Inbnd, 2100'. , ■ ___ , .. Altitude of glide slope and distance to approach end of runway at LOM, 2030'—3.9 miles; at MM, 1078 —0.6 nme. - „ If visual contact not established upon descent to authorized landing mimmums or if landing not accomplished within 3.9 miles after passing TOP LOM, climb to 2600 on SE crs of ILS within 15 miip.q or, when directed by ATC, turn left, climbing to 2600', proceed to TOP VOB or turn left, climbing to 2500' and return to TOP LOM. N otes: (1) Final approach from holding pattern at TOP LOM not authorized, procedure turn required. (2) Glide slope unusable below 1078 . @400-1 required when glide slope not utilized. Reduction not authorized. , . . .. % hen weather is below 1200-3, westbound IFR departures climb to 2500' within 5 miles of the Municipal Airport before proceeding on crs due to 2031 tower, 6.2 miles W6SMSAwtthin 2S miles of TOP LOM: 000°-090°—2700'; 090°-180°—2700'; 180°-270°—3600'; 270°-360°—2700'. Citv ToDeka- State Kans.; Airport name, Philip Bfflard Municipal; EleA., 880'; Facility Class;, ILS; Ident., I-TOP; Proceduft No. ILS Runway 13, Arndt. 21; Eff. date, y’ xupejs-a, v 30 Jan. 69; Sup. Arndt. No. 20; Dated, 4 Feb. 67 7. By amending § 97.17 of Subpart B to delete instrument landing system (ILS) procedures as follows: Charlotte, N.C.—Douglas Municipal, ILS Bunway 5, Amdt. 21, 6 Jan. 1968 (established under Subpart C). 8. By amending § 97.19 of Subpart B to amend radar procedures as follows: Standard I nstrum ent Approach P rocedure—T ype R adar Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles...... , , . . If 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 approaches shall be made over specified routes. Minimum altitude(s) shall correspond with those established for en route operation 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 authorized landing minimums, the instructions of the radar controller are mandatory except when (A) visual contact is established on final approach at or before descent to the authorized landing minimums, or (B) at pilot’s discretion if it appears desirable to discontinue the approach. Except when the radar con­ troller may direct otherwise prior to final approach, a missed approach shall 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 de­ scent to'authorized landing minimum s; or (D) if landing is not accomplished.

Transition Ceiling and visibility minimums 2-engine or less More than Course and MlnimunT ------2-engine, From— To— distance altitude Condition 65 knots More more than (feet) or less than 65 65 knots ’ knots

000°. 360°. 0-25 m iles...... ,2600 Surveillance approach 330°. 030°. 25-35 miles______3000 T-dn*##...... 300-1 300-1 200-% 030°. 090°. 25-35 m iles...... 2700 C-dn ...... 400-1 500-1 500-1% S-dn-12, 30,5#.. 400-1 400-1 400-1 A -d n ...... 800-2 800-2 800-2

All bearings and distance are from radar site located on airport. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished, climb to 2600', proceed direct toDSM VOR, orw hen directed by ATC, climb to 2700', proceed direct to T N U VO R. , , ‘When 1546' tower, 3.2 mil as N N E of airport not visible on takeofls to N and NW, climb to 2100' on 305° heading and takeoffs to N E climb to 2100' on 060° heading before turning toward tower. #400-% authorized Runway 12 with operative SALS, except for 4-engine turbojets, 400-% (RVR 4000) authorized Runway 30 with operative HIRL; 400-% (RVR 2400) authorized with operative ALS, except for 4-engine turbojets. ##RVR 2400' authorized Runway 30. City, Des Moines; State, Iowa; Airport name, Des Moines Municipal; Elev.,957'; Facility, Des Moines Radar; Procedure No. Radar-1, Amdt. 7; Eff. date,. 30 Jan. 69; Sup. Amdtj No. 6; Dated, 23 Dec. 67 9. By amending § 97.19 of Subpart B to delete radar procedures as follows: Charlotte, N.C.—Douglas Municipal, Radar 1, Amdt. 6, 30 Sept. 1967 (established under Subpart C).

FEDERAL REGISTER, VOL. 34, NO. 12— FRIDAY, JANUARY 17, 1969 714 RULES AND REGULATIONS

10. 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:

Standard I nstrument Approach P rocedure—‘T ype VOR Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL, except HAT, HAA, and RA. 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 RVR. 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 m inimum 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 MAP: 5.1 miles after passing Salem City Int. (feet)

CGE N D B ...... SBY R 303°...... 1700 Climb to 1700', right turn direct to Salem PX T VORTAC...... Salem City Int...... 2000 City Int. and hold. SBY VORTAC...... , ...... ::...... Salem City Int (N O P T )...... _____ Direct...... 1700 Supplementary charting information: Hold SE of Salem City Int, 1 minute, right turns, 303° Inbnd.

Procedure tum N side of crs, 123° Outbnd, 303° Inbnd, 1700' within 10 miles of Salem City Int. FAF, Salem City Int. Final approach crs, 303°. Distance FAF to MAP, 5.1 miles. Minimum altitude over Salem City Int, 1700'. MSA: 000°-090°—1700'; 090°-180°—1700'; 180°-270°—1700'; 270°-360°—1700'. N ote: Use Salisbury, Md., altimeter setting. D ay and Night Minimums

A B C D MDA VIS HAA VIS VIS VIS

C ...... 600 1 530 NA NA NA A ...... Not authorized. T 2-eng. or less—Standard. T over 2-eng.--Not authorized.

City, Cambridge; State, Md.; Airport name, Cambridge Municipal; Elev., 20'; Facility SBY; Procedure No. VOR-1, Arndt. Orig.; Eff. date, 30 Jan. 69

Terminal routes Missed approach Minimum From— To— Via altitudes MAP: CLT VORTAC. (feet)

Bradley Int...... CLT VORTAC...... Direct. 3000 Climb to 3000' on CLT VORTAC, R 063° Weddington Int...... CLT VORTAC...... Direct. 2300 to Bradley Int; or, when directed by Bethany I n t ...... CLT VORTAC...... Direct. 2300 ATC, climbing right turn to 2300' on W acolnt...... CLT VO RTAC...... 1...... Direct. 2900 CLT VORTAC, R 133° to Weddington Stanley Int...... CLT VORTAC...... Direct. 2900 Int. Supplementary charting information: Final approach crs intercepts runway center- line 2500' from threshold, REIL Runway 36. TDZ elevation, 717'.

Procedure tum N side of crs, 225° Outbnd, 045° Inbnd, 2300' within 10 miles of Lake Int or 6.5-mile DME Fix. Final approach crs, 045°. Minimum altitude over Lake Int or 5.5-mile DME Fix, 1700'. MSA: 000°-090°—3000'; 090°-180°—3000'; 180°-270°—2800'; 270°-360°—2900'. N ote: ASR. Day and Night Minimums

A B C D . Cond...... — ...... MDA VIS HAT MDA VIS HAT MDA VIS HAT MDA VIS HAT

S-6...... 1160 RVR 24 443 1160 RVR 24 443 1160 RVR 24 443 1160 RVR 50 443 MDA VIS HAA MDA VIS HAA MDA VIS HAA MDA VIS HAA C ...... 1220 1 472 1220 1 472 1220 1H 472 1300 2 552 A------Standard. T 2-eng. or less—RVR 24, Runway 5; Standard all other T over 2-eng.—RVR 24, Runway 5; Standard all other runways. runways.

City, Charlotte; State, N.C.; Airport name, Douglas Municipal; Elev., 748'; Facility, CLT; Procedure No. VOR Runway 5, Arndt. 3; Eft. date, 30 Jan. 69; Sup. Arndt. No; VOR/DME Runway 5, Arndt. 2; Dated, 8 July 67

FEDERAL REGISTER, VOL 34, NO. 12— FRIDAY, JANUARY 17, 1969 RULES AND REGULATIONS 715

Standard I nstrument Approach P rocedure—T ype VOR— Continued

Terminal routes Missed approach Minimum From— To— Via altitudes MAP : C LT V O RTAC. (feet)

FML VORTAC...... CLT VO RTAC...... Direct______2300 Climb to 2300' on CLT VO RTAC, R 185° Bradley Int______CLT VORTAC...... Direct...... 3000 and proceed to FML VO RTAC; or, when ...... CLT VO RTAC...... _____ Direct...... 2300 directed by ATC, climb to 2300' right Bethany Int______CLT VORTAC______...... Direct...... 2300 turn to York Iñt via CLT VORTAC, Waco Int...... CLT V O R T A C ...... _____ Direct...... 2900 R 229°. ßtanley Int...... — ...... CLT VO RTAC...... Direct...... 2900 Supplementary charting information: Final approach crs intercepts runway center­ line 4100' from threshold. REIL Run- way 36. TDZ elevation, 747'.

Procedure tum W side of crs, 005° Outbnd, 186° Inbnd, 2300' within 10 miles of CLT VORTAC. Final approach crs, 185°. Minimum altitude over Railroad 5-mile DME Fix, 1640'. MSA: 000°-090°—3000'; 090°-18P°—3000'; 180°-270°—2800'; 270°-360°—2900'. N otes: (1) ASR. (2) Inoperative component table does not apply to HIRL Runway 18. Day and Night Minimums

MDA VIS HAT MDA VIS HAT MDA VIS HAT MDA VIS HAT g-18...... 1640 IK 893 1640 IK 893 1640 IK 893 1640 2 893 MDA VIS HA A MDA * VIS HAA MDA VIS HAA MDA VIS HAA C...... 1640 IK 892 1640 IK 892 1640 IK 892 1640 2 892 VOR/DM E/RADAR Minimums: MDA VIS HAT MDA VIS HAT MDA VIS HAT MDA VIS HAT g-I8...... 1300 1 553 1300 1 553 1300 1 553 1300 IK 553 ' MDA VIS HAA MDA VIS HAA MDA VIS HAA MDA VIS HAA C...... 1300 1 562 1300 1 552 1300 IK 552 1300 2 552 A Standard. T 2-eng. or less—RVR 24, Runway 5; Standard all other T over 2-eng.—RVR 24, Runway 5; Standard all other runways. runways.

City, Charlotte: State, N.C.; Airport name, Douglas Municipal; Elev., 748'; Facility; CLT; Procedure No. VOR Runway 18, Arndt. 4; Eft. date, 30 Jan. 69; Sup. Arndt. No. VOR/DME No. 1, Arndt. 3; Dated, 23 Jan. 66

Terminal routes Missed approach Minimum From— To— Via altitudes MAP: CLT VORTAC: (feet)

Bradley Int. ______CLT VORTAC______Direct. 3000 Climb to 2300' on CLT VORTAC, R 229° Weddington I n t l...... CLT VORTAC...... Direct. 3000 to York Int; or, when directed by ATC, Bethany I n t ... . . ______CLT VORTAC______Direct. 3000 ¿limb to 2300' left turn via R 185°, CLT Waco Int...... CLT VORTAC...... Direct. 3000 VORTAC to FML VORTAC. Stanley Int."” . " ” " ! . .I ...... CLT VORTAC...... Direct. 3000 Supplementary charting information: Final approach crs intercepts runway centerline 3000' from threshold. REIL Runway 36. TDZ elevation, 748'

Procedure tum N side of crs, 060°, Outbnd, 240° Inbnd, 3000' within 10 miles of Parks Int: Final approach crs, 240°. Minimum altitude over Parks Int or 5-mile DME Fix, 1800'. MSA: 000°-090°—3000'; 090°-180°—3000'; 180°-270°—2800'; 270°-360°—2900'. N otes; (1) ASR. (2) Inoperative component table does not apply to HIRL Runway 23. Day and Night Minimums

A B C D MDA VIS HAT MDA VIS HAT MDA VIS HAT MDA VIS HAT

S-23...... 1300 1 552 1300 1 552 *1300 1 562 1300 IK 552 MDA VIS HAA MDA VIS HAA MDA VIS HAA MDA VIS HAA C...... 1300 1 552 1300 1 552 1300 IK 552 1300 2 552 A...... Standard: T 2-eng. or less—RVR 24, Runway 5; Standard all other T over 2-eng.—RVR 24, Runway 5; Standard all other runways. runways.

City, Charlotte; State, N.C.; Airport name, Douglas Municipal; Elev., 748'; Facility, CLT; Procedure No. VOR Runway 23, Arndt. 2; Eft. date, 30 Jan. 69; Sup. Arndt. No: - VOR/DME No. 2, Arndt. 1; Dated, 23 June 66

FEDERAL REGISTER, VOL. 34, NO. 12— FRIDAY, JANUARY 17, 1969 716 RULES AND REGULATIONS

Standard I nstrument Approach P rocedure—T y pe VOR—Continued

Terminal routes Missed approach Minimum From— To— Via altitudes MAP: CLT VORTAC. (feet)

FML VORTAC...... _...... Ross la t

Procedure tum E side of crs, 173° Outbnd, 353° Inbnd, 2200' within 10 miles of Ross Int. Final approach crs, 353°. Minimum altitude over Ross Int or 6.5-mile DME Fix, 1800'. MSA: O00°-090°—3000'; 090°-180°—3000'; 180°-270°—2800'; 270°-360°—2900'. N ote: ASR. D ay and N ight Minimums

AB C D Cond. MDAVIS- HAT MDA ‘ VIS HAT MDAVISHAT MDA VIS HAT

S-36___ ...... 1120 i* 394 1120 % 394 1120 % 394 1120 1 394 MDAVIS HAA MDA VIS HAA MDAVIS HAA MDA VIS HAA C...... ____ 1220 1 472 1220 1 472 1220 m 472 1300 2 552 A ...... Standard. T 2-eng. or less—RVR 24, Runway 5; Standard all other T over 2-eng. —RVR 24, Runway 5; Standard all other runways. runways.

City, Charlotte; State, N.C.; Airport name, Douglas Municipal; Elev., 748'; Facility, CLT; Procedure No. VOR Runway 36, Arndt. 3; Eff. date, 30 Jan. 69; Sup. Arndt. No. VOR/DME Runway 36, Arndt. 2; Dated, 8 July 67

Terminal routes Missed approach Minimum From— To— Via altitudes MAP: 5.8 mUes after passing Green HUl Int; (feet)

Solberg VORTAC. Flemington Id t ...... Direct______2300 Climbing right turn to 2300' direct to Green Yardley VORTAC Green Hill In t...... Direct...... 2300 Hill Int and hold. Dublin Int______Green Hill Int...... Direct______2300 Supplementary charting information: Hold Flemington Int___ Green Hill Int (NOPT)...... D ireet...... 1200 N E, SBJ R 239°, Inbnd crs, 239°, 1 minute, right turns, 2300'.

Procedure turn N side of crs, 059° Outbnd, 239° Inbnd, 2300' within 10 miles of Green Hill Int. FAF, Green Hill Int. Final approach crs, 239®. Distance FAF to MAP, 5.8 miles. Minimum altitude over Flemington Int, 2300'; over Green Hill Int., 1200'. MSA: 000°-090°—2500'; 090®-180°—1800'; 180°-270°—2000'; 270°-360e—2500'. #Night minimums not authorized. D ay and Night Minimums

A B C D Cond. MDAVIS HAT VIS VIS VIS

S-23#_...... 1000 1 606 N A NA NA MDA VISHAA C#...... 1000 1 606 NA NA NA A ...... Not authorized. T 2-eng. or less—-Standard. T over 2-eng.—Not authorized.

City, Doylestown; State, Pa.; Airport name, Central Bucks County; Elev., 394'; Facility, SBJ; Procedure No. VOR Runway 23, Arndt. Orig; Eft. date, 30 Jan. 69; Sup. Arndt: No. Orig.; Dated, 30 Jan. 69

FEDERAL REGISTER, VOL 34, NO. 12— FRIDAY, JANUARY 17, 1969 RULES AND REGULATIONS 717

11. By amending § 97.25 of Subpart C to establish localizer (LOC) and localizer-type directional aid (LDA) procedures as follows: Standard I nstrument Approach P rocedure—T ype LOC Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL, except HAT, HAA, and RA. 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 RVR. 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 MAP: 6 miles after passing Como Int. (feet)

Grandview LOM____ Como I n t...... CBP LOC crs.______2700 Climb to 2500' direct Grandview LOM and Summit Station LOM. Como Int...... D R 006° and CBP LOC crs__ 2700 hold. Hanover Int______Como Int (NOPT). DR 320° and CBP LOC crs... 2700 Supplementary charting information: Hold APEVORTAC...... Como Int (NOPT) APE R 186° and CBP LOC 2700 W, 1 minute, right turns, 096° Inbnd. crs. Chart 1150' trees located 40°00'25" N., 82°45'35" W. TDZ elevation, 812'.

Procedure turn N side of crs, 096° Outbnd, 276° Inbnd, 2700' within 10 miles of Como Int. FAF, Como Int. Final approach crs, 276°. Distance FAF to MAP, 6 miles. Minimum altitude over Como Int, 2700'. N otes: (1) ASR. (2) Inoperative table does not apply to HIRLs Runway 28R. D ay and Night Minimums

MDA VIS HAT MDA VIS HAT MDA VIS HAT MDA VIS HAT

S-28R...... 1360 1 548 1360 1 548 1360 1 548 1360 VA 548 MDA VIS HAA MDA VIS HAA MDA VIS HAA MDA VIS TTA A C...... 1360 1 544 1360 1 544 1360 1M 544 1380 2 564 A ...... Standard. T 2-eng. or less—RVR 24, Runways 10L and T over 2-eng.—RVR 24, Runways 10L and 28L; Standard all other 28L; Standard all other runways. runways.

City, Columbus; State, Ohio; Airport name, Port Columbus International; Elev., 816'; Facility, I-CBP; Procedure No. LOC (BC) Runway 28R, Arndt. Orie.: Eft date. 30 Jan. 69 ' 12. By amending § 97.27 of Subpart C to establish nondirectiona! beacon (automatic direction finder) (NDB/ADF) procedures as follows: Standard I nstrument Approach P rocedure—T ype N D B (A D F ) Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL, except HAT, HAA, and RA. 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 RVR. 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, “mess an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator. Initial approach m inimum 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 MAP: 4.6 miles after passing LOM. (feet)

CLTVORTAC...... ;...... LO M ...______2300 Turn left, climb to 3000' on FML VO RTAC Fort Mill VORTAC______Clover Int______Direct ...... 2300 R 007° to Mount Holly Int and hold; or, Clover Int_____ ...... LOM (NOPT)...... , ...... Direct ...... 2100 when directed by ATC, turn right, York Int...... Direct ...... 2300 climb to 2300' on FML VORTAC Bradley Int. ______LOM______...... 3000 R 007° to Fort Mill VORTAC and hold. Mount Holly Int___ ...... LOM...... 3000 Supplementary c h a r tin g information: Bethany Int...... LOM...... _____ Direct____ ...... 2300 Mount Holly Int hold N, 1 minute, left turns, 187° Inbnd. FML VORTAC hold S, 1 minute, right turns, 006° Inbnd. REIL Runway 36. TDZ elevation, 717'.

Procedure turn N side of crs, 230° Outbnd, 050° Inbnd, 2300' within 10 miles of CL LOM. î» .F , CL LOM. Final approach crs, 050°. Distance FAF to MAP, 4.6 miles. Minimum altitude over LOM, 2100'. MSA: 000°-090°—3000'; 090“-180°—2300'; 180°-270°—2900'; 270°-360°—2900'. N ote: ASR.

Day and Night Minimums

_ . A B C D Cond; .------,------,.------_ MDA VIS HAT MDA VIS HAT MDA VIS HAT MDA VIS HAT

8-5...... 1200 RVR 40 483 1200 RVR 40 483 1200 RVR 40 483 1200 RVR 50 483 MDA VIS HAA MDA VIS HAA MDA VIS HAA MDA VIS HA A C...... 1220 1 472 1220 1 472 1220 ljg 472 1300 2 552 ------Standard; T 2-eng. or less—RVR 24, Runway 5; Standard all other T over 2-eng.—RVR 24, Rnway 5; Standard all other runways. runways.

City, Charlotte; State, N.C.; Airport name, Douglas Municipal; Elev., 748'; Facility, CL; Procedure No. N D B (ADF) Runway 5, Arndt. 21: Efl. date, 30 Jan. 69; Sud. Arndt; No. 20; Dated, 6 Jan. 68

FEDERAL REGISTER, VOL. 34, NO. 12— FRIDAY, JANUARY 17, 1969 718 RU1ES ANO REGULATIONS

13. By amending § 97.27 of Subpart C to cancel nondirectional beacon {automatic direction finder) (NDB/ADF) procedures cis ioiiowsi Crescent Beach, S.C.—Myrtle Beach, NDB (ADF) Runway 23, Orlg., 27 June 1968, canceled, effective 30 Jan. 1969. 14. By amending § 97.29 of Subpart C to establish instrum oat landing system (ILS) procedures as follows:

Standard I nstrument Approach P rocedure—T ype ILS Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL, except H AT, HA A, and BA . Ceilings are in feet above airnort « w w Distances are in nautical miles unleM otherwise indicated, except visibilities which are in statute miies or hundreds o ff^ t JEWEL g m ieet above airport elevation. ,,r,iílí í ^ lnStrUln^3f approach procedure of the above type is conducted at the below named airport, ^ii”itsball **°**^-be in accordance with the following instrument annroaeh asga nrn»Hnp»

Terminal routes Missed approach Minimum MAP: ILS DH , 917'; LOC 4.6 miles after From— To— Via altitudes passing LOM. (feet)

CLT VOKTAC___ LOM...... Direct. Fort Mill VORTAC. 2300 Turn left, climb to 3000'on FML VORTAC Clover Int____ Direct. 2300 R 007° to Mount Holly Int and hold; or, Clover I n t..._ ...... DOM (NOPT) Direct. Union Int...... 2100 when directed by ATC, right turn, climb York Int_____ Direct. 2300 to 2300' on R OOT to FML VO RTAC and Bradley Int...... LOM...... Direct. 3000 hold. Mount Holly Int___ LOM...... Direct. Fort Mill VORTAC. 3000 Supplementary charting information: LOM...... Direct. 2300 Mount Holly Int, hold N, 1 minute, left Bethany Int______LOM...... Direct. York Int______!__ 2300 turns, 187° Inbnd. FML VORTAC hold Clover______Direct. 2300 S, 1 minute, right turns, 006° Inbnd. REIL Runway 36. LOC back crs un­ usable. Front crs unusable beyond 75° either side of centerline. TDZ elevation, 717'.

Procedure turn N side of crs, 230° Outbnd, 050° Inbnd, 2300' within 10 miles of CL LOM. FAF, CL LOM. Final approach crs, 050°. Distance FAF to MAP, 4.6 mil as Minimum glide slope interception altitude, 2300'. Glide slope altitude at OM, 2090'; at MM, 917' Distance to runway threshold at OM, 4.6 miles; at MM, 0.5 mile. MSA: 000°-090—3000'; 090°-180°—2300'; 180°-270?—2900'; 270°-360°—2900'. Note: ASR. Day and N ight Minimums

Cond. ------? ______®______^ ______DH VIS HAT DH VIS HAT DH VIS HAT DH VIS HAT

8-5...... — 917 RVR 24 200 917 RVR 24 200 917 RVR 24 200 917 RVR 24 200 L0C: MDA VIS HAT MDA VIS HAT MDA VIS HAT MDA VIS HAT 8-5...... -...... 1080 RVR 24 363 1080 RVR 24 363 1080 RVR 24 363 1080 RVR 40 363

MDA VIS HAA MDA VIS HAA MDA VIS HA A MDA VIS ha a ® ------1220 1 472 1220 1 472 1220 lfS 472 1300 2 552 A ...... Standard. T 2-eng. or less—RVR 24, Runway 5; Standard all other T over 2-eng.—RVR 24, Runway 5; Standard all other runways. runways.

City, Charlotte; State, N.C.; Airport name, Douglas Municipal; Elev., 748'; Facility, I-CLT; Procedure No. ILS Runway 6, Arndt. 22; Efl. date, 30 Jan. 69: Sup. Arndt No. 21; Dated, 6 Jan. 68

FEDERAL REGISTER, VOL. 34, NO. 12— FRIDAY, JANUARY 17, 196» RULES AND REGULATIONS 719

15. By amending § 9.7.29 of Subpart C to amend instrument landing system (ILS) procedures as follows: STANDARD INSTRUMENT APPROACH PROCEDURE----TYPE I L S Bearings, headings, courses and radials are magnetic. Elevations and altitudes are In feet MSL, except HAT, HA A, and BA . Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated,' except visibilities whicirare in statute miles or hundreds of feet E V E. ___ If an instrument approach procedure of the above type is conducted at thebelownamed airport, it shall be in accordance withthe 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 MAP: ILS D H 607'; LOC 3.9 miles after From— To— Via altitudes passing SL LOM. (feet)

McCoy Int______'.______SL LOM______Direct______3200 'Climbing right turn to 2500' on SE ers of Crabtree Int____ ;______S cioln t______Direct______3000 ILS within 10 miles of SL LOM. gcio Int___ ” ”______SL LOM-(NOPT)______Direct______1600 Supplementary charting information; CVO V O B ...... - ...... S cioln t...... Direct...... - 3000 LEGO. Chart Turner Int.

¡¡/Procedure turn S’aide of ers, 129° Outbnd, 309° Inbnd, 2500' within 10 miles of SL LOM. FAF, SL LOM. Final approach ers, 309°. Distance FAF to MAP, 3.9 miles. Minimum glide slope Interception altitude, 1600'. Glide slope altitude at OM, 1490'; at MM, 438'. Distance to runway threshold at OM, 3.9 miles; at MM, 0.6 mile. MSA: 000°-090°—6100'; 090o-180°—5800'; 180°-270°—4800'; 270°-360°—3900'. Note: Final approach from holding pattern at SL LOM not authorized, procedure turn required. %IFE departure procedures: Takeoff Eunways 31 and 34 turn right, Eunway 16 turn left; climb direct to SL LOM before proceeding on ers. ¿Procedure turn may commence at Turner Int. •Sliding scale not authorized. Day and Night Minimums

A B CD Cond. DHVIS HAT DHVIS HATDH Vis HATVIS s-31...... ;...... 607 H 300 507 % 300 607 A 300 NA LOC: MDAVIS HAT MDA VIS HAT MDAVIS HAT S-31*...... 920 1 713 920 1 713 920 VA 713 NA MDA VISHAA MDAVISHAA MDAVISHAA C...... 1000 1 793 1000 VA 793 1000 IJi 793 NA A______...... 800r2. T 2-eng. or less—Eunways 34, 31, & 13, Standard; Eun- T over 2-eng.—Eunways 34, 31, & 13, Standard; Eun- way 16, 500-1%. way 16, 500-1%.

City, Salem; State, Oreg.; Airport name.'McNary Field; Elev., 207'; Facility, I-SLE; Procedure No. ILS Eunway31, Amdt. 9; Efl. date, 30 Jan. 69; Sup. Arndt. No. 8; Dated, 21 Nov. 68

FEDERAL ¿REGISTER, V O L . 3 4 , N O . 1 2 — FRIDAY, JANUARY 1 7 , 1 9 6 9 [|K0kl2—Pt. I---- 4 720 RULES AND REGULATIONS

16. By amending § 97.31 of Subpart C to establish precision approach radar (PAR) and airport surveillance radar (ASR) procedures as follows: Standard I nstrum ent Approach P rocedure—T ype Radar _ Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL, except H AT, HAA, and RA. 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 RVR ^ M anon. If a radar instrument approach is conducted at the below named airport, it shah be in accordance with the following instrument procedure, unless an approach is conducted m accordance with a different procedure authorized for such airport by the Administrator. Initial approach minimum altitude^) shall correspond with those established for en route operation in the particular area or asset forth below. Positive identification must be established with the radar controller. From initial contact with radar to final author- ized landing mimmums, 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 mimmums, 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 approach, a missed approach shall be executed as provided below when (A) communication on final approach is lost for more than 6 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 km lingm tnim nm r or (JJ) if landing is not accomplished. “ 1

Radar terminal area maneuvering sectors and altitudes (sectors and distances measured from radar antenna) Notes From— To— Distance Altitude Distance Altitude Distance Altitude Distance Altitude Distance Altitude

000° 360° 0-15 *2300 1. Descend aircraft after passing FAF. 000° 105° 15-30 3000 2. Runway 18 FAF 6 miles from threshold. Mini­ 105° 260° 15-30 2300 mum altitude over 2-mile Radar Fix, 1300'. TDZ 260° 360° 15-30 3000 elevation, 747'. 3. Runway 23 FAF 6 miles from threshold. Mini­ mum altitude over 2-mile Radar Fix, 1300'. TDZ elevation, 748'. 4. Rtrnway 36 FAF 6 miles from threshold. Mini­ mum altitude over 3-mile Radar Fix, 1380'. TDZ elevation, 726'. 5. Runway 6 FAF 6 miles from threshold. Mini­ mum altitude over 2-mile Radar Fix, 1160'. TDZ elevation, 717'. N otes: MTI required for all surveillance approaches. REIL Runway 36. Inoperative component table does not apply to HIRL Runways 18 and 23.

All airways segments 0-35 miles published MEA or sector altitudes whichever is lower. All bearings and distance are from radar site on Douglas Municipal Airport with sector azimuths progressing clockwise. Radar control will provide 1000' vertical clearance within a 3-mile radius of the following towers: 1932', 10 miles N E , 2049', 13 miles E, 1733', 16.5 miles W, 1866', 10 miles NW. Missed approach: Runway 18—Climb to 2300' direct to FML VORTAC, hold S, 1 minute, right turns, 006° Inbnd. Runway 23—Climb to 2300' direct to CLT LOM, hold SW, 1 minute, left turns, 050° Inbnd. Runway 36—Climb to 2600' on FML VORTAC R 007° to Mount Holly Int, hold N, 1 minute, left turns 187° Inbnd. Runway 5—Left turn climb to 2600' on FML VORTAC R 007° to Mount Holly Int, hold N, 1 minute, left turns, 187° Inbnd.

D ay and N ight Minimums

A B C D Cond. MDA _ VIS HAT MDA VIS HAT MDAVIS HAT MDAVIS HAT

S-18„.„...... 1160 1 413 1160 1 413 1160 1 413 1160 1 413 S-23______1160 1 412 1160 1 • 412 1160 1 412 1160 1 412 S-36___ ...... 1060 RVR 40 334 1060 RVR 40 334 1060 RVR 40 334 1060 RVR 50 334 S-5____ ...... 1080 RVR 24 363 1080 RVR 24 363 1080 RVR 24 363 1080 RVR 50 363 MDA VIS HAA MDA VIS HAA MDA VIS HAA MDA VIS HAA C ...... _____ 1220 1 472 1220 1 472 1220 1'A 472 1300 2 552 A ...... Standard. T 2-eng. or less—RVR 24, Runway 5; Standard all other T over 2-eng. —RVR 24, Runway 5; Standard all other runways. runways.

City, Charlotte; State, N.C.; Airport name, Douglas Municipal; Elev., 748'; Facility, Charlotte Radar; Procedure No. Radar-1, Arndt. 7; Eff. date, 30 Jan. 69; Sup; Arndt. No. Radar 1, Arndt. 6; Dated, 30 Sept. 67 These procedures shall become effective on the dates specified therein. (Secs. 307(c), 313(a), 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 Dec. 24,1968. J a m e s F. R u d o l p h , ___ __ - Director, Flight Standards Service. [F.R. Doc. 69-171; Filed, Jan. 16, 1969; 8:45 a.m.]

FEDERAL REGISTER, VOL. 34, NO. 12— FRIDAY, JANUARY 17, 1969 RULES AND REGULATIONS 721

Chapter V— National Aeronautics PART 1025— SETTLEMENT an unintentional compliance problem and Space Administration PROCEDURES may exist, and has furnished the Office with full particulars thereof; PART 1209— 'BOARDS AND Subpart A— General Statement of Policy on Administrative Enforcement (2) That the party has submitted COMMITTEES Sec. affidavits establishing facts which show that noncompliance was unintended, Subpart 2— Source Evaluation Boards 1025.111 General policy. 1025.112 Factors bearing on intent, etc. that it was the result of circumstances 1. Subpart 1209.2 is deleted in its en­ which could not reasonably have been tirety and reserved. Subpart B— Informal, Voluntary Settlement foreseen, and that all available steps to 1025.211 Policy. avoid noncompliance and to correct its T . O . P a i n e , 1025.212 Conditions. effects were promptly taken. Acting Administrator. 1025.213 Form. 1025.221 Formal procedures. (b) The Office may, however, conduct [F.R. Doc. 69-626; Filed, Jan. 16, 1969; an independent inquiry to determine 8 :4 7 a jn .] Subpart C— Consent Agreement Policy and whether noncompliance was uninten­ P ro ced u res tional and unforeseeable, and that 1025.311 Preliminary notice of proposed available steps to avoid it and to cor­ formal proceeding. rect its effects wqpe promptly taken. Title 15— COMMERCE AND 1025.312 Conditions of administrative set­ tle m e n t. Subpart B— Informal, Voluntary FOREIGN TRADE 1025.313 Form of agreement. Settlement 1025.321 Nonconsent procedures. Chapter X— Office of Foreign Direct Au t h o r it y : The provisions of this Part § 1025.211 Policy. Investments, Department of Com­ 1025 issued pursuant to sec. 5 of the Act When the Office has information indi­ merce of Oct. 6, 1917, 40 Stat. 415, as amended, 12 cating that a party may inadvertently U.S.C. 95a; E.O. 11387, Jan. 1, 1968, 33 F.R. have failed or may be failing to comply PART 1025^-SETTLEMENT 47; Department Order 184-A, Jan. 1, 1968, 33 F.R. 54. with the FDIP, the Office may, if it be­ PROCEDURES lieves that such procedure will not prej­ Subpart A— General Statement of Pol­ PART 1040— COMPLIANCE PROCE­ udice the public interest, afford the icy on Administrative Enforcement party the opportunity to have the matter DURES: REPORTS, ADVISORY OPIN­ disposed of on an informal, voluntary IONS, AND ENFORCEMENTS §1025.111 General policy. " administrative basis. (a) Although the act of October 6, PART 1050— MISCELLANEOUS RULES 1917, section 5(b) (3) and section 17, as § 1025.212 Conditions. Notice is given that the Office of For­ amended (12 U.S.C. 95a(3), 50 U.S.C. In determining whether such informal eign Direct Investments, acting under App. 5(b)(3), 17), among other pro­ administrative action will not prejudice the authority conferred in E.O. 11387 visions of law, provides both criminal the public interest, the Office will con­ and pursuant to Department of Com­ and civil procedures to enforce regula­ sider: (1) The nature of the noncom­ merce Order 184-A, hereby amends tions, conditions of exemptions there­ pliance; (2) the prior conduct of the Chapter X of Title 15 of the Code of from, orders, and other agency actions party; and (3) other factors, including Federal Regulations by adding new Parts relating to the Foreign Direct Invest­ adequate assurance of the party’s volun­ 1025, 1040, and 1050 thereto. ments Program (hereinafter referred to tary future compliance. Generally, the The purpose of these parts is to set in this part as the “FDIP”), it is the Office will agree to dispose of compliance forth and establish general statements general policy of the Office1 to utilize matters on the basis of an informal of policy and rules of agency organiza­ administrative or civil, rather than crim­ settlement where the noncompliance is tion, procedure, and practice for the inal, enforcement procedures where the an isolated, inadvertent occurrence in­ administration of the Office’s enforce­ person (referred to hereinafter in this volving a relatively insubstantial ment program. Part 1025 sets forth pro­ part as the “party”) who has failed to amount of money and the party assures cedures and rules governing voluntary comply with the regulations, conditions the Office that it has taken or will take settlements; Part 1040 sets forth proce­ or exemptions therefrom, orders, or other prompt, adequate steps to undo the vio­ dures and rules governing compliance agency actions relating to the FDIP, es­ lation, correct its effects, and prevent its reports and advisory opinion facilities tablishes that: recurrence. available to respondents to orders under (1) The party’s noncompliance was § 1025.213 Form. Part 1030; and Part 1050 sets forth vari­ unintentional; ous miscellaneous rules applicable* to (2) The party acted at all times in (a) Disposition of a matter by an in­ appearances, filing of documents, service good faith; and formal settlement will be in the form of of documents, witnesses, and ex parte (3) The party has cooperated with an exchange of agreed-upon letters communication. the Office in ascertaining the facts, and passing between the party and the Di­ has not attempted to conceal or falsify rector or Deputy Director of the Com­ These amendments shall become effec­ pliance Division. The Office will only tive thirty (30) days following the date information. (b) Where the criteria of paragraph settle compliance matters in writing in of publication in the F ed e r a l R e g is t e r . such form. Interested persons are invited to submit (a) of this section are not met, the Office written comments or suggestions con­ may utilize administrative and/or judi­ (b) The letter from the party to the cerning the amendmfents, in duplicate, cial enforcement procedures. Office will set forth the pertinent cir­ cumstances relating to and constituting to the Chief Counsel, Legal Division, § 1025.112 Factors bearing on intent, Office of Foreign Direct Investments, etc. the noncompliance, the steps taken to Department of Commerce, Washington, undo, correct, and prevent recurrence of (a) The Office will ordinarily considernoncompliance, and other matters agreed D.C. 20230. All such communications the following, among other things, as received within thirty (30) days after upon by the party and Office. The letter relevant in determining that the condi­ from the Office to the party will state publication of this notice in the F e d ­ tions of § 1025.111(a) have been met: the intention of the Office, based on the eral R e g ist e r will be considered. The (1) That the party has voluntarily ad­representations in the party’s letter, to amendments may be further amended or vised the Office, prior to notification of withdrawn by publication in the F ederal an investigation in respect thereto, that dose the matter; the power will be ex­ R eg ister if the comments warrant such pressly reserved to reopen the matter action; in the absence of such further should the public interest so require. comments or withdrawal, the amend­ 1 As used in Parts 1025, 1040, and 1050, the ments shall be effective as published. “Office” means the Office of Foreign Direct § 1025.221 Formal procedures. Investments, U.S. Department of Commerce. The texts of Parts 1025,1040, and 1050 The term “person” is defined in § 1000.307 When the Office, in its discretion, de­ are as follows: ( a ) . termines that informal disposition of a

FEDERAL REGISTER, VOL. 34, NO. 12— FRIDAY, JANUARY 17, 1969 722 RULES AND REGULATIONS

compliance matter is inappropriate, con­ PART T 040— COMPLIANCE PROCE­ § 1040.114 Noncompliance with report­ sent settlement procedures are available, DURES: REPORTS, ADVISORY OPIN­ ing requirements. on a formal basis, as provided in Sub­ IONS, AND ENFORCEMENT In cases of failure to comply with com­ part C of this part. pliance report requirements, the Office Subpart A— Compliance Reports Subpart C— Consent Agreement Policy S ec. may initiate or recommend appropriate and Procedures 1040.111 Compliance reports following Part action (see § 1020.141 of this chapter). 1030 orders. § 1040.121 Comment on report. § 1025.311 Preliminary notice of pro­ 1040.112 Interim compliance reports. posed formal proceeding. 1040.113 Modification, extension. The Office will review compliance re­ Where time, the nature of the matter 1040.114 Noncompliance with reporting ports. The Director or Deputy Director requirements. of the Compliance Division may com­ involved, and the public interest permit, 1040.121 Comment on report. the Office will notify the party (1) of its ment in writing to the respondent in intention to institute a formal proceed­ Subpart B——Advisory Opinions on Compliance respect to whether the actions set forth ing against him and (2) that he will be 1040.211 Request for opinion. in such a report evidence compliance afforded an opportunity to confer with 1040.212 Response by Office. with the order of the presiding officer. the agency staff and to submit an appro­ 1040.213 Form of advisory opinion. Subpart B— Advisory Opinions on priate consent agreement proposal for 1040.214 Advisory opinion during compli­ consideration by the Office. The party ance investigation. Compliance 1040.221 Revocation. may appear personally or he may be rep­ 1040.222 Reliance. § 1040.211 Request for opinion. resented by a person who has entered an Any respondent subject to an order appearance under § 1050.101 of this Subpart C— Enforcement issued under Part 1030 may request ad­ chapter. 1040.311 Enforcement. vice from the Office as to whether a pro­ § 1025.312 Conditions of administrative Au th o rity : The provisions of this Part posed course of action, if pursued by it, settlement. 1040 issued pursuant to sec. 5 of the Act of will constitute compliance with such The Office will consider each case of Oct. 6, 1917, 40 Stat. 415, as amended, 12 order. The request for advice should be noncompliance individually, on the basis U.S.C. 95a; E.O. 11387, Jan. 1, 1968, 33 F.R. submitted in writing to the Office, Atten­ 47; Department Order 184-A, Jan. 1, 1968, tion: Director of Compliance Division; of all relevant facts and circumstances, 33 F.R. 54. including any mitigating or extenuating and should include full information re­ factors. Depending upon the circum­ Subpart A— Compliance Reports garding the proposed course of action. stances of the case, administrative set­ § 1040.111 Compliance reports follow­ §1040.212 Response by office. tlement of compliance matters by a con­ ing Part 1030 orders. sent agreement may entail one or more On the basis of the facts submitted as of the remedies set forth in § 1030.514 of (a) Whenever in a proceeding under well as other information properly avail­ this chapter. Part 1030, an order is entered requiring able to it, the Office will, where it is the respondent to refrain from or to un­ practicable and otherwise appropriate, § 1025.313 Form of agreement. dertake any future act or practice, the inform the respondent whether the pro­ (a) Every consent agreement shall Office will further require the respondent posed course of action, if pursued, would contain an appropriate form of order or to file a compliance report with the Of­ constitute compliance with the order. judgment to be entered, an admission of fice. Such requirement will be by action The Office expressly reserves the power to take such other and/or additional ac­ all jurisdictional facts, and express of the Director or Deputy Director of the Compliance Division pursuant to tion as the public interest may require waivers of further procedural steps, of § 1020.121(a) (2) of this chapter. in the premises. any requirement of findings, and of all (b) Such report shall be in writing, § 1040.213 Form of advisory opinion. rights to seek any form of judicial or signed by the respondent or an officer appellate review or otherwise to chal­ thereof, be made under oath or affirma­ The response of the Office, under § 1040.212, will be in writing, signed by lenge or contest the content, validity, or tion, and be filed with the Office, At­ tention: Director of Compliance Division. the Director or Deputy Director of the finality of the order. In addition, the Compliance Division. agreement may contain a statement that (c) Such report shall set forth in de­ tail the manner and form of the re­ § 1040.214 Advisory opinion during the signing thereof is for settlement pur­ spondent’s compliance with each of the compliance investigation. poses only and does not constitute an provisions of the order of the presiding Once the Office has instituted an inves­ admission by the party that the law has officer. tigation to determine whether a respond­ been violated. (d) Such report shall be filed within ent is in violation of an outstanding (b) The Office will determine whether twenty (20) days after the decision of the order issued against it, the Office will the public interest would be better presiding officer becomes final (see ordinarily consider it inappropriate to served by an agreement providing for § 1030.515 of this chapter), except as give the respondent an advisory opinion otherwise provided under § 1040.113. on the subject. No request for an advisory an administrative consent order or a Further and subsequent such reports opinion, in such circumstances, will cause judicial consent judgment. Among the may also be required. the Office to discontinue such investiga­ factors which the Office will ordinarily § 1040.112 Interim compliance reports. tion. consider in making such determination § 1040.221 Revocation. are: (1) The nature and gravity of the The Office, acting through the Direc­ tor of Deputy Director of the Compli­ The Office may, at any time, reconsider alleged violation, (2) the prior conduct ance Division, may further order the any advice or comment made under of the respondent, and (3) the likeli­ respondent to file an interim report § 1040.121 or § 1040.213, and rescind, al­ hood that subsequent enforcement pro­ stating whether and how the respondent ter, or revoke the same. If it does so, ceedings will be necessary. intends to Comply with the order of the the Office will, whenever possible, give presiding officer. Such order may require prompt notice to the respondent. § 1025.321 Nonconsent procedures. that the report be filed before or after In cases of noncompliance where an the date that the order of the presiding § 1040.222 Reliance. administrative disposition by consent is officer becomes effective. (a) When the Office believes that a. not appropriate or feasible, the Office respondent has violated an order issued § 1040.113 Modification, extension. against it under Part 1030, but the re­ will institute a formal administrative The provisions of §§ 1020.122-1020.123 spondent establishes to the Office that it proceeding in respect thereto, as pro­ of this chapter shall be applicable to acted in actual, properly warranted, and vided in Part 1030. compliance report requirements. good faith reliance upon written advice

' FEDERAL REGISTER, VOL. 34, NO. 12— FRIDAY, JANUARY 17, 1969 RULES AND REGULATIONS 723 to it under § 1040.121 or § 1040.213, then countant maintains his principal place the Clerk from performing any other the Office will not proceed or recommend of business. functions within the Office. any proceeding against such respondent (b) If the Office has reason to believe§ 1050.105 Time computation. in respect to such possible violation with­ that any person is not conforming to out first giving respondent notice under such standards, or that he has been Computation of any period of time § 1040.221 and an opportunity to discon­ otherwise guilty of conduct warranting prescribed or allowed under Parts 1030 tinue the questioned practice or transac­ disciplinary action, the Office may issue or 1040 shall begin with the first business tion and to correct the effects thereof. an order requiring such person to show day following that on which the act, (b) If the respondent effects such dis­cause why he should not be suspended event, or development initiating such continuance and correction promptly and or disbarred from practice before, or period of time shall have occurred. When fully, and satisfies the Office that it is from the preparation of reports or other the last day of the period so computed complying with the requirements of the documents for submittal to, the Office. is a Saturday, Sunday or national holi­ FDIP in regard to the matter, then the The alleged offender shall be granted day, or other day on which the Office Office will take no further action. due opportunity to be heard and may be is closed, the period shall run until the represented by counsel. Thereafter, if end of the next following business day. Subpart C— Enforcement warranted by the facts, the Office may When such period of time, with the in­ §1040.311 Enforcement. issue against the person an order of rep­ tervening Saturdays, Sundays, and na­ rimand, suspension, disbarment, or tional holidays counted, is 5 days or less, When the Office has information indi­ other appropriate sanction. each Saturday, Sunday, and any such cating that a respondent has failed or is holiday shall be excluded from the com­ failing to comply with the provisions of § 1050.103 Requirements as to form and putation. When such period of time, with an order entered against the respondent filing of documents. the intervening Saturdays, Sundays, and under Part 1030, the Office may institute (a) Filing. In formal administrative national holidays counted, exceeds 5 or recommend a civil or criminal enforce­ proceedings under Part 1030, except as days, each of the Saturdays, Sundays, ment proceeding (see, e.g., 50 U.S.C. App. otherwise provided, all documents sub­ and such holidays shall be included in 5(b) (3), 17) or a further administrative mitted to the Office shall be addressed the computation. proceeding under Part 1030 of this to the presiding officer designated in re­ § 1050.106 Service. chapter. spect thereto. Where practicable, such documents shall be filed with him; other­ (a) By the Office. (1) Service of no­ PART 1050— MISCELLANEOUS wise, they shall be filed with the Clerk tices, orders, and other processes of the RULES (see § 1050.104). Informational applica­ Office may be effected as follows: Sec. tions or requests, however, may be sub­ (1) By registered or certified mail. A 1050.101 Appearances. mitted directly to the official in charge copy of the document shall be addressed 1050.102 Standards of conduct. thereof or to the Director of the appro­ to the person to be served, at its resi­ 1050.103 Requirements as to form and filing priate Division. dence, office, or place of business, and of documents. (b) Title. Documents shall clearly sent thereto by registered or certified 1050.104 Clerk. show the file or docket number and title mail; or 1050.105 Time computation. (ii) By delivery to an individual. A 1050.106 S erv ice. of the matter in connection with which 1050.107 Fees. they are filed. copy thereof may be delivered to the 1050.108 Ex parte communications. (c) Copies. Five copies of all formal natural person to be served, or to a mem­ ber of the partnership to be served, or to Authority : The provision of this Part documents shall be filed, unless other­ 1050 issued pursuant to Sec. 5 of the Act of wise specified. Informal applications and any officer or director of the corporation Oct. 6, 1917, 40 Stat. 415, as amended, 12 correspondence should be submitted in or unincorporated association to be U.S.C. 95a; E.O. 11387, Jan. 1, 1968, 33 F.R. the form of an original and two copies served; or 47; Department Order 184-A, Jan. 1, 1968, 33 thereof. (iii) By delivery to an address. A copy F.R. 54. (d) Form. (1) Documents shall be thereof may be left at the office or place § 1050.101 Appearances. printed, typewritten, or otherwise proc­ of business of the person, or it may be left essed in permanent form. at the residence of the person or of a (a) Qualifications. (1) Members of the (2) It is requested that documents bemember of the partnership or of an bar of a Federal Court or of the highest officer or director of the corporation or court of any State or territory of the on paper approximately 8Y2 inches by 11 inches, bound or stapled on the left unincorporated association to be served. United States are eligible to practice be­ side. (2) All other documents may be simi­ fore the Office in any proceeding under larly served, or they may be served by Part 1020 or Part 1030. (e) Signature. (1) One copy of each ordinary first-class mail. (2) Any individual or member of a document filed shall be signed by a per­ son who has entered an appearance (or (b) By other parties. Service of docu­ partnership involved in any such pro­ ments by parties other than the Office ceeding may appear on behalf of -himself in informal matters by a person quali­ fied to do so). shall be by delivering copies thereof as ?r of such partnership upon adequate follows: Upon the Office, by personal de­ identification. A corporation or associa­ (2) Signing a document constitutes alivery or delivery by first-class mail to the tion may be represented by an officer representation by the signer that he has Clerk; upon any other party, by delivery thereof. read it; that to the best of his knowledge, to the party, as specified in paragraph (b) Notice of appearance. Any person information, and belief, the statements (a) of this section. desiring to appear before the Office on made in it are true; and that it is not interposed for delay. (c) Service on attorney of party. behalf of a person or party shall file a When a party is represented by a person written notice of his appearance, stating § 1050.104 Clerk. qualified pursuant to § 1050.101(a), and the basis of his eligibility under this sec­ such representative has filed a notice of tion. No other application shall be re­ The Director of the Office shall desig­ nate an employee of the Office to serve appearance as required by § 1050.101(b), quired for admission to practice, and no any notice, order, or other process or register of attorneys will be maintained. as clerk of the Office. The Clerk shall, in general, perform the functions of the communication required or permitted to § 1050.102 Standards of conduct. Clerk of a district court, in respect to be served upon a person or party may be (a) All persons practicing before theproceedings under Part 1030 and where served upon such representative in lieu Office shall conform to the standards of otherwise appropriate. Papers may be of any other service. ethical conduct required of practitioners filed with him; he shall accept and re- (d) Proof of service. (1) When service ln the courts of the United States. Ac­ cbrd receipt of formal papers; he shall is by registered, certified, or ordinary first countants who prepare reports or other enter the orders of presiding officers and class, it is complete upon delivery of the documents for submittal to the Office cause them to be served upon parties. document by the post office to the person shah conform to the standards of ethical Where it is appropriate, the Clerk shall served. conduct prescribed by the State Board sign documents and other papers in the (2) The return post office receipt for a oi Accountancy or other licensing au­ name of the Office. Nothing contained in document registered or certified and thority for the State in which such ac­ this section shall be deemed to preclude mailed, or the verified return or certifi-

FEDERAL REGISTER, VOL. 34, NO. 12— FRIDAY, JANUARY 17, 1969 724 RULES AND REGULATIONS cate by the person serving the document respect to the legality of payment by (b) Specifically, the Commission ruled by personal delivery, shall be proof of the manufacturers for the purchase of ad­ upon the following two questions: service of the document. All documents vertising space in a periodical published (1) Must a semimanufactured product served by ordinary mail shall have ap­ by a firm which has no connection what­ with less than 50 percent of the value pended thereto a certificate of servicer ever with any retail customer of such added in a foreign country be labeled in setting forth the manner of said service, manufacturers and which will supply or any way before entering the U.S. terri­ including the address of any person so otherwise make the periodical available tory? served. without cost to all retailers. (2) If said product is then finished in § 1050.107 Fees. (b) The advisory opinion noted that Puerto Rico and shipped for distribution payments by a manufacturer for the pur­ (a) Witnesses. Any person compelled in the U.S. mainland, can it be labeled chase of advertising space in a periodi­ “Made in U.S.A.”? to appear in person in response to com­ cal published by a firm which is not pulsory process shall, upon his applica­ owned or controlled by, or in any way (c) In response to the first question, tion therefor, be paid the same fees and directly or indirectly affiliated with, any the Commission said that it will not be mileage as are paid witnesses in the customer of that manufacturer, or group necessary to disclose the foreign country courts of the United States. or class of such customers, do not vio­ of origin where less than 50 percent of (b) Responsibility. The fees and mile­ late sections 2 (d) or (e) of the amended the value is added to the product insofar age referred to in this section shall be Clayton Act where no discriminatory as the laws of the Commission are paid by the party at whose instance the benefit is conferred by such payments on concerned. witness appears. a particular customer, or class or group (d) In regard to the second question, § 1050.108 Ex parte communications. of customers, over competitors. The the Commission expressed the opinion periodical will be given nationwide dis­ that it would be improper to label such (a) In a formal administrative pro­ tribution and will be supplied and other­ a product as “Made in U.S.A.” because ceeding, no person not employed by the wise made available without cost to all this would constitute an affirmative mis­ Office and no employee or agent of the industry retailers; the periodical is not representation that the product is made Office who performs any investigative designed to be usable only by particular in its entirety in the United States. or prosecuting function in connection retailers, or classes or groups of retailers; (38 Stat. 717, as amended; 15 U.S.C. 41-58) with the proceeding, shall communicate every effort will be made to distribute ex parte, directly or indirectly, with any the periodical as broadly as possible Issued: January 16, 1969. person involved in the decisional process among industry retailers; and distribu­ By direction of the Commission. in such proceeding, with respect to the tion will not be limited to any particular merits of that or a factually related retailer, or group or class of industry [ s e a l ] J o s e p h W . S h e a , proceeding. retailers. Secretary'. (b) In a formal administrative pro­ [F .R . D oc. 69-667; F iled , J a n . 16, 1969; ceeding, no person involved in the de­ (c) The Commission advised that if 8 :5 0 a m .] cisional process of such proceeding shall the periodical is made available, in a communicate ex parte, directly or in­ practicable business sense, to all compet­ directly, with any person not employed ing customers of a participating manu­ PART 15— ADMINISTRATIVE by the Office, or with any employee or facturer, then no objection would be OPINIONS AND RULINGS agent of the Office who performs any raised to payments by that manufacturer investigative or prosecuting function in for advertising space therein. Further, Foreign Origin Disclosure of Imported connection with the proceedings, with that appropriate measures should be Bearings respect to the merits of that or a fac­ taken by the publisher to advise partici­ pating manufacturers that the periodical § 15.316 Foreign origin disclosure of tually related proceeding. imported bearings. (d) In a formal administrative pro­ will serve to supplement, not supplant, ceeding, if an ex parte communication their usual methods of notifying retail (a) The Commission rendered an ad­ is made to or by any employee involved customers regarding the availability of visory opinion in regard to the proper in the decisional process, in violation of their sales programs and that advertis­ marking of imported bearings. paragraph (a) or (b) of this section, ing the details of such program in the (b) According to the facts presented such employee shall promptly inform periodical will not relieve them from this in the matter, the top of the container the Office of the substance of such com­ statutory obligation. in which the bearings will be packaged munication and the circumstances (38 Stat. 717, as amended; 15 U.S.C. 41-58; 49 will carry the following statement: “The thereof. The Office will take such action Stat. 1526; 15 U.S.C. 13, as amended) (word of a particular foreign country) thereon as it may consider appropriate. Bearing”. Also printed on the top of the Issued: January 16,1969. container is the statement: “Made in C h a r l e s E . F ie r o , By direction of the Comm ission. (country of origin) ”. Etched on the outer Director, Office of race of each bearing is the inscription of Foreign Direct Investments. [ s e a l ] J o s e p h W . S h e a , the name of the foreign country of Secretary. J a n u a r y 14, 1969. origin. [F.R. Doc. 69-666; Filed, Jan. 16, 1969; (c) Most of the bearings are sold to [F.R. Doc. 69-651; Filed, Jan. 16, 1969; 8 :5 0 a.m .] 8 :4 5 a.m .] domestic manufacturers who use said bearings in their manufacture of heavy PART 15— ADMINISTRATIVE earth moving equipment and farm ma­ chinery. The bearings normally represent Title 16— COMMERCIAL OPINIONS AND RULINGS less than 2 percent of the total cost of Foreign Origin Disclosure of Wearing the finished equipment. Domestic manu­ PRACTICES facturers who use the bearings in their Apparel Partly Made in a Foreign production of machinery and equipment Chapter I—-Federal Trade Commission Country compete with one another for both do­ PART 15— ADMINISTRATIVE § 15.315 Foreign origin disclosure of mestic and foreign markets. wearing apparel partly made in a (d) Specifically, the following two OPINIONS AND RULINGS foreign country. questions were raised: Advertising by Manufacturers in an (a) The Commission rendered an ad­ (1) Are the bearings marked with suf­ Independently Published Periodical visory opinion in regard to the question ficient clarity to disclose they are manu­ of whether it is necessary to disclose the factured in a certain foreign country? § 15.314 Advertising by manufacturers origin of textile products processed in (2) Is it necessary for the manufactur­ in an independently published pe­ Puerto Rico and the Dominican Repub­ ers who use the imported bearings in riodical. lic from fabric produced in the United their machinery and equipment to dis­ (a) The Federal Trade CommissionStates, and thereafter exported to the close the country of origin of the was asked to express an opinion with mainland United States. bearings?

FEDERAL REGISTER, VOL. 34, NO. 12— FRIDAY, JANUARY 17, 1969 RULES AND REGULATIONS 725

(e) In response to the first question, gas companies, 58 responses representing ment will impose an added burden on the the Commission said that its examina­ 70 electric utilities, and 15 responses rep­ reporting companies. However, the In­ tion of the markings revealed they were resenting 25 natural gas companies. ternal Revenue Service already requires adequately marked to show their foreign The Bureau of the Budget held con­ any person engaged in a trade or busi­ country of origin. ferences on November 7,1968 and Decem­ ness to report to it payments of $600 or (f) With respect to the second ques­ ber 19, 1968, pursuant to the Federal more for services paid to outside con­ tion, the Commission said that it would Reports Act, for the presentation of tractors, including consultants and other not be necessary for the manufacturers views by the Commission and the report­ professionals. Under that requirement who use the bearings in their machinery ing utilities. The rule as modified was companies must report the name and ad­ and equipment to disclose the foreign thereupon approved by the Budget dress of the payee and the amount paid. country of origin of the bearings. Bureau. The only additional information which (38 Stat. 717, as amended; 15 U.S.C. 41-58) It is our conclusion, after analyzing we are requesting is a brief description the full range of the comments received, (e.g., legal, engineering, etc.) of the na­ Issued: January 16,1969. that the proposed révision should be ture of the services rendered. Adoption of By direction of the Commission. adopted in a modified form. In arriving the rule as modified will impose the mini­ at this judgment we recognized that the mum additional burden on reporting [ se a l ] J o s e p h W. S h e a , benefits to be gained by more extensive utilities consistent with insuring that Secretary. reporting of payments for outside con­ there is made available to the Commis­ [F.R. Doc. 69-668; Piled, Jan. 16, 1969; sultative and other professional services sion and to the public all relevant infor­ 8 :5 1 a .m .] must be balanced against the burdens mation in a meaningful form. that would be imposed upon the report­ The Commission further finds: (1) The ing utilities and the staff of the Commis­ notice and opportunity to participate in sion. We believe that an appropriate ac­ this rulemaking proceeding with respect Title 18— CONSERVATION OF commodation can be reached by to the matters presently before this Com­ modifying the proposed requirement to mission through the submission, in writ­ POWER AND WATER RESOURCES require detailed reporting of payments ing, of data, views, comments, sugges­ by Class A companies of $10,000 or more tions, and arguments in the manner as Chapter I— Federal Power and payments by Class B companies of described above, are consistent and in Commission $5,000 or more and to permit the report­ accordance with all procedural require­ ing of only the name of the payee, the ments therefor as prescribed in the Ad­ [Docket No. R-332; Order 378] nature of the services rendered, and the ministrative Procedure Act (5 U.S.C. PART 141— STATEMENTS AND amount of the payment for all remaining 553). REPORTS (SCHEDULES) payments in excess of $600 made to an (2) The public should have made individual, group, or partnership. Pay­ available to it more specific information PART 260—-STATEMENTS AND ments to corporations by Class A com­ concerning the expenditures by natural REPORTS (SCHEDULES) panies of less than $10,000 and by Class gas companies, public utilities, and B companies of less than $5,000 need not licensees, concerning outside consulta­ Uniform System of Accounts; Outside be reported. In response to some of the tive and professional services. Consultative and Professional Serv­ comments received, we have excluded (3) The amendment here prescribed ices; Annual Report Forms 1 and 2 from the reporting requirement pay­ will supply that information and is neces­ ments made for medical and related sary and appropriate for the administra­ J a n u a r y 7,1969. services. tion of the Federal Power Act and the On October 31, 1967, the Commission We cannot accept the suggestions that Natural Gas Act. issued a notice of proposed rulemaking the additional information which will be The Commission, acting pursuant to (32 F.R. 15434, November 4, 1967) pro­ elicited as a result of this expanded re­ the provisions of the Federal Power Act posing to amend the schedule “Charges porting requirement serves no useful as amended, particularly sections 304 and for Professional Services”, page 354, of purpose. If the Commission’s rate and 309 thereof (49 Stat. 855, 858; 16 U.S.C. F.P.C. Form No. 1 and FP.C. Form No. accounting surveillance programs are to 825c, 835h) and the Natural Gas Act, as 2. Those schedules currently require the be effective it is imperative that sched­ amended, particularly sections 10 and 16 reporting of specified information on any ules be maintained in sufficient detail so thereof (52 Stat. 826, 830; 15 U.S.C. outside professional service for which as to enable the Commission’s staff to 717i, 717o), orders: payment is made ii. the amount of (1) isolate areas of discrepancy without the (A) Effective for the reporting year $5,000 by a Class B utility, (2) $10,000 by need to undertake a full scale audit. This 1969, the Commission’s annual reports, a Class A utility having operating rev­ is particularly so with respect to outside FPC Form No. 1 and FPC Form No. 2, enues under $25 million and (3) $25,000 consultative and professional services in prescribed respectively by 141.1 of Sub­ by Class A utilities having operating view of the breadth of the activities that chapter D and 260.1 of Subchapter G, revenues of $25 million or more. The pro­ are included within that classification. In Chapter I, Title 18 of the Code of Federal posed revision would have required re­ our view the Commission, and the public, Regulations, are amended with respect to porting on all outside services of a should be in a position to readily ascer­ the schedule “Charges for Professional Professional nature procured by Classes tain the amounts and nature of such Services”, A and B utilities, regardless of the payments particularly as they relate to ( 1 ) By revising the title of such sched­ amount of payment. public relations and legislative services. ule to read “Charges for Outside Pro­ The Commission received comments While we recognize that the specific in­ fessional and Other Consultative from 276 respondents, 197 in support and formation which will be required to be Services”, 79 in opposition to' the proposed revision. reported under the revised forms could (2) By revising Instruction 1 of such The 197 respondents who recommended be obtained by the staff of the Commis­ schedule to read as follows: either adoption of the proposed revision sion through compliance audits or by 1. For payments by Class A companies or an expanded version thereof included issuing specific requests to the individual of $10,000 or more and payments by Class Senator Lee Metcalf, the Borough of utilities, neither of those procedures B companies of $5,000 or more, report the Chambersburg, Pa., the Scenic Hudson would facilitate the Commission’s sur­ information specified below for all Preservation Conference, 51 local un­ veillance program. Moreover, we believe charges made during the year included ions representing approximately 495,000 that we have an obligation to see to it in any account (including plant ac­ members, 10 electric cooperatives and that the public generally has such infor­ counts) for outside consultative and me Kansas City Power and Light mation readily at its disposal. That other professional services, such as serv­ L°.> a Public utility and licensee. The 79 obligation can be discharged only by re­ ices concerning rate, management, con­ respondents in opposition included the quiring the systematic filing of such in­ struction, engineering, research, finan­ ■Edison Electric Institute, the Inde­ formation on prescribed forms. cial, valuation, legal, accounting, pur­ pendent Natural Gas Association of There is no question but that the adop­ chasing, advertising, labor relations, and America, four combination electric and tion of this expanded reporting require­ public relations, rendered the respondent

FEDERAL REGISTER, VOL. 34, NO. 12— FRIDAY, JANUARY 17, 1969 726 RULES ANO REGULATIONS under written or oral arrangements by 1. There is no reasonable expectation PART 120— TOLERANCES AND EX­ any corporation, partnership, individual of residues of the insecticide or its EMPTIONS FROM TOLERANCES FOR (other than for services as an employee metabolites in meat, milk, or eggs. The PESTICIDE CHEMICALS IN OR ON or for payments made for medical and usage is classified in the category RAW AGRICULTURAL COMMODI­ related services), or organization of any specified in § 120.6(a) (3). kind, including legislative services ex­ 2. The tolerances established by this TIES cept for those which should be reported order will protect the public health. Coumaphos in Account 426:4, Expenditures for Cer­ Therefore, pursuant to the provisions A petition (PP 8F0678) was filed with tain Civic, Political and Related of the Federal Food, Drug, and Cosmetic the Food and Drug Administration by the Activities. Act (sec. 408(d)(2), 68 Stat. 512; 21 Chemagro Corp., Post Office Box 4913, For payments by Class A companies of U.S.C. 346a(d) (2) ) and under authority Kansas City, Mo. 64120, proposing the less than $10,000 and in excess of $600 delegated to the Commissioner (21 CFR establishment of a tolerance of 0.1 part and payments by Class B companies of 2.120) Part 120 is amended as follows; per million for residues of the insecticide less than $5,000 and in excess of $600 to 1. Section 120.3(e)(5) is amended by coumaphos (O.O-diethyl 0-3-choloro-4- any one individual, group or partnership alphabetically inserting in the list of methyl-2-oxo - 2H - 1 - benzopyran-7-yl there shall be reported the name of the pesticides two new items, as follows: phosphorothioate) in or on eggs. payee, the predominant nature of the The Secretary of Agriculture has cer­ services performed and the amount of § 120.3 Tolerances for related pesticides. tified that this pesticide chemical is use­ payment. * * • * * ful for the purposes for which the (3) By revising Instruction 1(d) of * * # tolerance is being established. such schedule to read as follows: “Total (5) * * * Based on consideration given the data charges for the year detailing utility de­ Carbofuran (2,3 - dihydro-2,2-dimethyl-7- submitted in the petition and other rel­ partment and account charged;” and benzofuranyl N-methylcarbamate ). evant material, the Commissioner of (4) By deleting the word “profes­ Carbofuran metabolite (2,3-dihydro-2,2- Food and Drugs concludes: sional” in Instruction 2. dimethyl - 3 - hydroxy-7-benzofuranyl N- A. That the tolerance established by methylcarbamate ). (Secs. 304, 309, 49 Stat. 855, 858; 16 U.S.C. this order will protect the public health. 825c, 825h; Secs. 10, 16 Stat. 826, 830; 15 * * * * * B. That residues of the cholinesterase- U.S.C. 7171, 717o) 2. The following new section is added inhibiting oxygen analog of coumaphos (b) The Secretary of the Commissionto Subpart C : may be present as a component of its shall cause prompt publication of this residues and should be included in the § 120.254 Carbofuran; tolerances for tolerances. This applies to the tolerances order to be made in the F ed e r a l R e g is t e r . residues. already established as well as that added By the Commission. Tolerances are established for com­ by this order. bined residues of the insecticide carbo­ [ s e a l ] K e n n e t h F . P l u m b , Therefore, pursuant to the provisions Acting Secretary. furan (2,3-dihydro-2,2-dimethyl-7-ben- of the Federal Food, Drug, and Cosmetic zofuranyl IV-methylcarbamate) and its Act (sec. 408(d)(2), 68 Stat. 512; 21 [F.R. Doc. 69-592; Filed, Jan. 16, 1969; metabolite 2,3- dihydro - 2,2 - dimethyl - 3 - U.S.C. 346a(d) (2)) and under authority 8 :4 5 a.m .] hydroxy- 7-benzofuranyl N-methylcar- delegated to the Commissioner (21 CFR bamate in or on the following raw 2.120), Part 120 is amended as follows: agricultural commodities: 1. Section 120.3(e)(5) is amended Title 21— FOOD AND DRUGS 0.5 part per million in or on corn fodder by deleting the item “Q,0-Diethyl and forage. 0-3-chloro-4-methyl-2-oxo-2H-l-benzo- Chapter I— Food and Drug Adminis­ 0.1 part per million in or on com grain. pyran-7-yl phosphorothioate” and by tration, Department of Health, Edu­ Any person who will be adversely af­ alphabetically inserting two new items, cation, and Welfare fected by the foregoing order may at as follows: SUBCHAPTER B— FOOD AND FOOD PRODUCTS any time within 30 days from the date § 120.3 Tolerances for related pesticide of its publication in the F ed e r a l R e g is t e r PART 120— TOLERANCES AND EX­ chemicals. file with the Hearing Clerk, Department • * * • • EMPTIONS FROM TOLERANCES FOR of Health, Education, and Welfare, Room 5440, 330 Independence Avenue SW., (e) * * * PESTICIDE CHEMICALS IN OR ON (5) * * * RAW AGRICULTURAL COMMODI­ Washington, D.C. 20201, written objec­ tions thereto, preferably in quintuplicate. Coumaphos (0,0-diethyl . 0-3-chloro-4- TIES Objections shall show wherein the person methyl-2-oxo-2H-1 -benzopyran-7-y 1 phos­ Carbofuran phorothioate) . filing will be adversely affected by the Coumaphos oxygen analog (0,0-di- A petition (PP 8F0711) was filed with order and specify with particularity the ethyl 0-3-chloro-4-methyl-2-oxo-2H-l-ben- the Food and Drug Administration by the provisions of the order deemed objec­ zopyran-7-yl phosphate). FMC Corp., 100 Niagara Street, Middle- tionable and the grounds for the objec­ * * * * * port, N.Y. 14105, proposing the establish­ tions. If a hearing is requested, the objections must state the issues for the 2. Section 120.189 is revised to read as ment of a tolerance of 0.1 part per million follows: for residues of the insecticide carbofuran hearing. A hearing will be granted if the (2,3-dihydro-2,2-dimethyl - 7 - benzo- objections are supported by grounds §120.189 Coumaphos; tolerances for furanyl 2V-methylcarbamate) including legally sufficient to justify the relief residues. its metabolite 2,3-dihydro-2,2-diemthyl- sought. Objections may be accompanied Tolerances are established for residues 3-hydroxy - 7 - benzofuranyl AT-methyl- by a memorandum or brief in support Df the insecticide coumaphos (0,0- carbamate in or on the raw agricultural thereof. diethyl 0 -3 -chloro-4-methyl-2 -oxo-2H- commodity com grain. Effective date. This order shall become 1 -benzopy ran-7 -y 1 phosphorothioate ) Subsequently, the petitioner amended effective on the date of its publication and its oxygen analog (O.O-diethyl the petition to request a tolerance of 0.5 D-3-chloro-4-methyl-2-oxo-2H-l-benzo- in the F ed e r a l R e g is t e r . part per million for such residues in or on pyran-7-yl phosphate) in or on raw corn fodder and forage. (Sec. 408(d)(2), 68 Stat. 512; 21 U.S.C. 346a agricultural commodities as follows: The Secretary of Agriculture has certi­ (d)(2)) 1 part per million in or on meat, fat, fied that this pesticide chemical is useful Dated: January 9, 1969. and meat byproducts of cattle, goats, for the purposes for which the tolerances hogs, horses, poultry, and sheep. are being established. J . K . K i r k , ___S i ' l l ______.iilr FûflATT,- Based on consideration given the data Associate Commissioner tor Compliance. ing negligible residues in milk. submitted in the petition, and other 0.1 part per million in eggs. relevant material, the Commissioner of [F.R. Doc. 69-634; Filed, Jan. 16, 1969; Food and Drugs concludes that: 8 :4 8 a m . ] (See also § 121.304 of this chapter.)

FEDERAL REGISTER, VOL. 3 4 , N O . 1 2 — FRIDAY, JANUARY 1 7 , 1 9 6 9 RULES AND REGULATIONS 727

Any person who will be adversely af­ received which opposed it or recom­ the proposing of § 3.17, nor its deletion, fected by the foregoing order may at any mended substantial changes. A number have any impact on any person’s right time within 30 days from the date of its of these comments warrant discussion. to seek court review of highway decisions. publication in the F e d e r a l R e g is t e r file . A number of comments objected to the The appellate procedures were also with the Hearing Clerk, Department of issue of the procedures in the form of a objected to on the grounds that the term Health, Education, and Welfare, Room proposed new Part 3 and recommended “interested person” was too broad and 5440, 330 Independence Avenue SW., instead that, if the procedures were to that since there was no time limit con­ Washington, D.C. 20201, written objec­ be issued at all, they be issued in the cerning the disposition of the appeal, tions thereto, preferably in quintuplicate. form of a Bureau of Public Roads Policy highway construction could be delayed Objections shall show Wherein the person and Procedure Memorandum (PPM). indefinitely. Objections were also raised filing will be adversely affected by the This recommendation has been adopted. concerning the automatic “stay” of order and specify with particularity the However, in view of the widespread pub­ highway projects upon the filing of an provisions of the order deemed objection­ lic interest in the proposal, as evidenced appeal. These objections do have merit able and the grounds for the objections. by the large number of comments re­ and accordingly, the proposed appellate If a hearing is requested, the objections ceived, both in writing and at the public procedures are being withdrawn for fur­ must state the issues for the hearing. A hearing, the Administration is convinced ther review and reconsideration. Pend­ hearing will be granted if the objections that the PPM should be given wide dis­ ing further action in this area, the pres­ are supported by grounds legally suffi­ tribution and should be readily accessible ent practice of entertaining informal cient to justify the relief sought. Objec­ to all affected persons. Accordingly, appeals will continue. The Administra­ tions may be accompanied by a memo­ while the PPM will be printed and dis­ tion intends to solicit suggestions con­ randum or brief in support thereof. tributed in the usual manner, it is also cerning an appellate procedure that will being included in a new Appendix A to serve to facilitate the ultimate disposi­ Effective date. This order shall become Part lr tion of highway issues without unduly effective on the date of its publication in A large number of comments objected delaying needed highway construction. the F ed e r a l R e g is t e r . to the proposal on the grounds that it A number of commentators objected to (Sec. 408(d) (2), 6 8 Stat. 512; 21 U.S.C. 346a would destroy the present State-Federal the proposed § 3.3(a) (4) which stated (d) ( 2 ) ) relationship with respect to the Federal- that a primary purpose of the corridor Dated: January 9,1969. Aid-Highway program. In particular, it public hearing was to “explore the ques­ was argued that by providing an ap­ tion of whether alternative methods of J. K . K i r k , pellate review by the Administrator, transportation would better serve the Associate Commissioner final highway decisionmaking would be public interest.” It was argued that such for Compliance. transferred from the States to the Ad­ an issue should be explored at a much [F.R. Doc. 69-635; Piled, Jan. 16, 1969; ministrator. However, under the laws earlier stage, during the comprehensive 8 :4 8 a .m .j governing the Federal-Aid-Highway transportation planning process required program, final approval authority con­ by 23 U.S.C. 134. The Administration cerning Federal participation is, and has recognizes thè validity of this contention always been, reserved to the Secretary provided that the public has the right to Title 23— HIGHWAYS of Transportation and this authority has actively participate in that process. Ac­ Chapter 1—Bureau of Public Roads, consistently been exercised by the Ad­ cordingly, proposed § 3.3(a)(4) has been ministrator pursuant to a delegation of deleted and PPM 50-9 “Urban Transpor­ Department of Transportation authority from the Secretary contained tation Planning” is being amended to re­ [Docket No. 36] in § 1.37 of Title 23 of the Code of quire that the public be given the right Federal Regulations. to express their views with respect to PART 1— ADMINISTRATION OF The purpose of the proposal was to such issues as the choice between alter­ FEDERAL AID FOR HIGHWAYS strengthen the role of the State in ex-; native methods of transportation. A number of other changes have been Public Hearings and Location and ercising its responsibilities to make ini­ tial decisions on highway location and made as a result of coments received and Design Approval design by ensuring an increased dialogue further internal review of the proposal. On October 21, 1968, the Federal between the State highway departments A provision has been added to paragraph Highway Administration published a no­ and those persons affected by highway 3 (proposed § 3.1) to provide for except­ tice in the F ed e r a l R e g is t e r (33 F.R. development. It was designed to help ing from the applicability of Part 3 high­ 15663) proposing the adoption of a new resolve controversies at the State and way projects urgently needed because Part 3 “Public Hearings and Location local level where they can be best dealt of a national emergency, a natural disas­ and Design Approval.” The notice re­ with. In recent years, more and more ter or a catastrophe. The phrase “process quested that interested persons submit highway controversies have required the of determining” has been substituted for written comments by the close of busi­ personal attention of the Administrator the term “determination” in subpara­ ness on November 22, 1968. On Novem­ and the Secretary because the present graphs (a )(2) and (b )(2) of paragraph ber 21, 1968, by notice published in the coordination and hearing procedures did 4 to make it clear that the actual deter­ F ederal R e g is t e r (33 F.R. 17364 (1968D not provide for adequate public partici­ mination is made by State and Federal the Administrator extended the time for pation in the development of highway officials while interested persons may filing comments to the close of business decisions. Appeals to the Administrator participate in the process of reaching on December 13, 1968. More than 4,000 have become commonplace, many relat­ that determination. comments on the proposed regulation ing to highway decision approvals The listing in paragraph 4c of social, were received. Interested persons were rendered over 10 years ago. economic, and environmental factors has also invited by the latter notice to The appellate procedures contained in been modified as follows: present their views on the proposed regu­ proposed § 3.17 were designed to formal­ 1. Additional language has been added lation at an informal public hearing held ize the present informal appellate pro­ to make it clear that the list is only a cedures and to ensure that appeals were group of examples of factors that may in Washington, D.C., during the period filed in a timely fashion to facilitate their be relevant to a particular undertaking December 16 through 20, 1968. Over 150 disposition. The references to 5 U.S.C. and that the weight of each factor is not Persons appeared to present their views 704 concerning administrative finality necessarily equal. orally. All comments received, oral and were included to preclude repetitive or 2. “Fast, safe, and efficient transpor­ written, have been carefully considered untimely appeals, and not, as many com­ tation” was added as the first factor in in the formulation of the action taken mentators suggested, for the purpose of response to criticism that the proposal conferring jurisdiction over highway dis­ ignored the considerations set forth in herein. While the majority of the com­ putes to Federal courts. This Department 23 U.S.C. 101. ments received supported the purposes has no authority to either confer or take 3. “Parks” was added to paragraph 4c of the proposal, many comments were away Federal court jurisdiction. Neither (5) (proposed § 3.3(c) (4)). *

REGISTER, VOL. 34, NO. 12— FRIDAY, JANUARY 1 7 , 1 9 6 9 «No. —12—Pt. I----5 FEDERAL 728 RULES AND REGULATIONS 4. The phrase “including effect on local before the design hearing. Many com­ come fully acquainted with highway pro­ ments were received that the originally posals of concern to them and to express tax base and social service costs” was their views at those stages of a proposal’s added to paragraph 4c (12) (proposed proposed provision would conflict with development when the flexibility to respond § 3.3(c) (ID ). the intent of 23 U.S.C. 108(c) encourag­ to these views still exists. 5. “Conservation” was further defined ing the advance acquisition of right-of- • 2. A u th o rity. This PPM is issued under to include “wildlife and ecology” in para­ way. Therefore, instead of providing that authority of the Federal-aid Highway Act, graph 4e(13) proposed § 3.3(c)(12)). the acquisition of right-of-way may be 23 U.S.C. 101 et seq., 128, 315; sections 2(a), 6. Noise and air pollution were added authorized by the division engineer be­ 2(b) (2), and 9(e) (1) of the Department of and combined with water pollution in fore design hearing only in “exceptional Transportation Act, 49 U.S.C. 1651(a) and cases”, it is provided that acquisition of (a) (2), 1657(e) (1); 49 CFR § 1.4(c); and 23 paragraph 4c(15). CFR § 1.32. A number of comments expressed con­ right-of-way may be acquired under 3. Applicability. cern over the language “whose functions, criteria to be prescribed by the Federal a. This PPM applies to all Federal-aid interests, and responsibilities can reason­ Highway Administrator. highway projects. ably be anticipated to be affected” used In addition to the foregoing, a number b. If preliminary engineering or acquisi­ in paragraph 5(a) and 8 (proposed of nonsubstantive editorial changes have tion of right of way related to an under­ §§ 3.7(a) and 3.11) concerning coordina­ been made to conform the proposal to taking to construct a portion of a Federal- the format of a PPM and to clarify the aid highway project is carried out without tion of proposals and notification of Federal-aid funds, subsequent phases of the hearings, respectively. It was argued that intent of certain provisions. work are eligible for Federal-aid funding state highway departments would be sub­ This amendment is issued under au­ only if the nonparticipating work after the ject to “second guessing” and charges thority of the Federal-aid Highway Act, effective date of this PPM was done in that they failed to coordinate with, or 23 U.S.C. 101 et seq., 128, 315; sections accordance with this PPM. notify, those agencies and groups which 2(a), 2(b)(2), and 9(e)(1) of the De­ c. This PPM shall not apply to the con­ the proposed language attempted to partment of Transportation Act, 49 struction of highway projects where the Fed­ cover. Upon further review, it has been U.S.C. 1651(a) and (a)(2), 1657(e)(1). eral Highway Administrator has made a In view of the foregoing, and after formal determination that the construction determined more appropriate to require of the project is urgently needed because of the establishment of mailing lists to be full consideration of all comments re­ a national emergency, a natural disaster or maintained by State highway depart­ ceived, Part 1 of Title 23 of the Code of a catastrophic failure. ments. Appropriate persons desiring to Federal Regulations is amended as fol­ 4. Definitions. A s u s e d in th is PPM be notified of proposals and hearings will lows, effective 18 January 1969. a. A “corridor public hearing” is a public be placed on these lists and the highway 1. Section 1.32 is amended by adding hearing that: department will be relieved of the burden the following sentence at the end there­ (1) Is held before the route location is of seeking these persons out. Paragraphs of: “Selected Policy and Procedure approved and before the State highway de­ Memoranda are contained in Appendix partment is committed to a specific proposal; 5(a) and 8 (proposed §§ 3.7(a) and 3.11) (2) Is held to ensure that an opportunity have been revised accordingly. A to this part.” is afforded for effective participation by in­ Paragraph 6 (proposed § 3.5) has been 2. An Appendix A “Policy and Proce­ terested persons in the process of determining revised to specify the specific instances dure Memoranda,” reading as follows, is the need for, and the location of, a Federal- when two hearings are required. Two added to the end of Part 1: aid highway; and (3) Provides a public forum that affords a Appen d ix A hearings are required for (1) all Inter­ full opportunity for presenting views on each state and primary highway projects, and POLICY AND PROCEDURE MEMORANDA of the proposed alternative highway locations, (2) secondary highway projects on larger This appendix contains selected Policy and and the social, economic, and environmental roads; where the project is on a new lo­ Procedure Memoranda issued by the Bureau effects of those alternate locations. cation or will have a different social, of Public Roads. b. A “highway design public hearing” is economic or environmental effect. Two a public hearing that: P olicy and P rocedure Mem orandum 20-8 (1) Is held after the route location has hearings are also required on projects P ublic H earings and Location Approval where the function of connecting roads been approved, but before the State highway would be changed. This would include in­ Par. department is committed to a specific design 1 . P u rp ose. p roposal; stances where a project limits access 2. Authority. (2) Is held to ensure that an opportunity from other roads to the highway in­ 3. Applicability. is afforded for effective participation by in­ volved. These revisions were made in 4. Definitions. terested persons in the process of determin­ response to comments that the original 5. Coordination. ing the specific location and major design provisions were vague, and that the 6 . Hearing Requirements. features of a Federal-aid highway; and smaller secondary road projects should 7. Opportunity for Public Hearings. (3) Provides a public forum that affords be exempted from the requirement for 8 . Public Hearing Procedures. a full opportunity for presenting views on two hearings. The administration be­ 9. Consideration of Social, Economic, and major highway design features, including the Environmental Effects. social, economic, environmental, and other lieves that issues concerning those proj­ 10. Location and Design Approval. effects of alternate designs. ects can be adequately dealt with at a 11. Publication of Approval. c. “Social, economic, and environmental single combined corridor-design hearing. 12. Reimbursement for Public Hearing effects” means the direct and indirect bene­ In addition, it was felt that the necessity E xp en ses. fits or losses to the community and to high­ way users. It includes all such effects that for two hearings should depend upon the 1. Purpose. The purpose of this PPM is to effect of a project rather than whether are relevant and applicable to the particular ensure, to the maximum extent practicable, location or design under consideration such it was located in an urban area of 5,000 that highway locations and designs reflect as: population. The Administration also con­ and are consistent with Federal, State, and (1) Fast, safe and efficien t transportation. local goals and objectives. The rules, poli­ curs in the comments received concern­ (2) National defense. ing the vagueness of proposed § 3.5(c) (3) cies, and procedures established by this PPM (3) Economic activity. and it has been deleted from Paragraph are intended to afford full opportunity for (4) Employment. effective public participation in the consid­ (5) Recreation and parks. 6. In paragraphs (d), (e), and (f), the eration of highway location and design pro­ phrase “opportunity for a hearing” has ( 6 ) Fire protection. posals by highway departments before (7) Aesthetics. been added to make clear that a hearing submission to the Federal Highway Adminis­ ( 8 ) Public utilities. must not necessarily have been held. tration for approval. They provide a medium (9) Public health and safety. Various State highway departments for free and open discussion and are designed (10) Residential and neighborhood char­ requested that they be permitted to fol­ to encourage early and amicable resolution acter and location. low established State hearing and notice of controversial issues that may arise. (11) Religious institutions and practices. procedures. Provisions have been made The PPM requires State highway depart­ (12) Conduct and financing of G o v e rn ­ ments to consider fully a wide range of fac­ m ent (including effect on local tax base an in paragraph 7 to allow the use of those tors in determining highway locations and social service costs). procedures if they are found comparable highway designs. It provides for extensive (13) Conservation (including erosion, sed­ to these procedures. coordination of proposals with public and imentation, wildlife and general ecology ° Paragraph lO.d (proposed § 3.15(d)) private interests. In addition, it provides for has been revised to allow the acquisition a two-hearing procedure designed to give th e a r e a ). of right-of-way in appropriate instances all interested persons an opportunity to be­ (14) Natural and historic landmarks.

FEDERAL REGISTER, VOL. 34, NO. 12— FRIDAY, JANUARY 17, 1969 RULES AND REGULATIONS 729

(15) Noise, and air and water pollution. proval, except as provided in paragraph 6 .C. substantially different social, economic, or (16) Property values. b elow . environmental effect. (17) Multiple use of space. c. Hearings are not required for those proj­ d. The opportunity for a public hearing (18) Replacement housing. ects that are solely for such improvements shall be afforded in each case in which either (19) Education (including disruption of as resurfacing, widening existing lanes, add­ the State highway department or the di­ school district operations). ing auxiliary lanes, replacing existing grade vision engineer is in doubt as to whether a (20) Displacement of families and separation structures, installing traffic con­ public hearing is required. businesses. trol devices or similar improvements, unless e. Public hearing procedures authorized (21) Engineering, right-of-way and con­ the project: and required by State law may be followed struction costs of the project and related (1) Requires the acquisition of additional in lieu of any particular hearing require­ facilities. right-of-way; or ment of paragraph 7 or 8 of this PPM if, in (22) Maintenance and operating costs of (2) Would have an adverse effect upon the opinion of the Administrator, such pro­ the project and related facilities. abutting real property; or cedures are reasonably comparable to that (23) Operation and use of existing high­ (3) Would change the layout or function requirement. way facilities and other transportation fa­ of connecting roads or streets or of the facil­ 8 . Public hearing procedures. cilities during construction and after ity being improved. a. Notice of public hearing: completion. d. With respect to a project on which a (1) When a public hearing is to be held, hearing was held, or an opportunity for a a notice of public hearing shall be published This list of effects is not meant to be exclu­ hearing afforded, before the effective date of at least twice in a newspaper having general sive, nor does it mean that each effect con­ this PPM, the following requirements apply: circulation in the vicinity of the proposed sidered must be given equal weight in mak­ (1) With respect to projects which have undertaking. The notice should also be pub­ ing a determination upon a particular not received location approval: lished in any newspaper having a substantial highway location or design. (a) If location approval is not requested circulation in the area concerned; such as 5. Coordination. within 3 years after the date of the hearing foreign language newspapers and local com­ a. When a State highway department be­ or an opportunity for a hearing, compliance munity newspapers. The first of the required gins considering the development or im­ with the corridor hearing requirements is publications shall be from 30 to 40 days be­ provement of a traffic corridor in a par­ required unless a substantial amount of fore the date of the hearing; and the second ticular area, it shall solicit the views of that right-of-way has been acquired. shall be from 5 to 12 days before the date State’s resources, recreation, and planning (b) If location approval is requested of the hearing. The timing of additional agencies, and of those federal agencies and within 3 years after the date of the hearing publications is optional. local public officials and agencies, and pub­ or an opportunity for a hearing, compliance (2) In addition to publishing a formal lic advisory groups which the State highway with the corridor hearing requirements is not notice of public hearing, the State highway department knows or believes m ight be inter­ req u ired . department shall mail copies of the notice ested in or affected by the development or to appropriate news media, the State’s re­ improvement. The State highway department (2) With respect to those projects which have not received design approval: source, recreation, and planning agencies, shall establish and maintain a list upon and appropriate representatives of the De­ which any federal agency, local public offi­ (a) If design approval is not requested within 3 years after the date of the hearing partments of the Interior and Housing and cial or public advisory group may enroll, Urban Development. The State highway de­ upon its request, to receive notice of proj­ or an opportunity for a hearing, compliance with the design hearing requirements is partment shall also mail copies to other fed­ ects in any area specified by that agency, eral agencies, and local public officials, pub­ req u ired . official, or group. The State highway depart­ lic advisory groups and agencies who have re­ ments are also encouraged to establish a (b) If design approval is requested within quested notice of hearing and other groups or list upon which other persons and groups 3 years after the date of the hearing or an agencies who, by nature of their function, interested in highway corridor locations opportunity for a hearing, compliance with interest, or responsibility the highway de­ may enroll in order to have their views the design hearing requirements is neverthe­ partment knows or believes might be inter­ considered. If the corridor affects another less required unless the division engineer ested in or affected by the proposal. The State, views shall also be solicited from the finds that the hearing adequately dealt with State highway department shall establish appropriate agencies within that State. All design issues relating to major design and maintain a list upon which any federal written views received as a result of coordi­ fe a tu re s. agency, local public official, public advisory nation under this paragraph must be made e. If location approval is not requested group or agency, civic association or other available to the public as a part of the pub­ within 3 years after the date of the related community group may enroll upon its request lic hearing procedures set forth in para­ corridor hearing held, or an opportunity for to receive notice of projects in any area speci­ graph 8 . a hearing afforded, under this PPM, a new fied by that agency, official or group. b. Other public hearings or informal hearing must be held or the opportunity (3) Each notice of public hearing shall public meetings, clearly identified as such, afforded for such a hearing. specify the date, time, and place of the hear­ may be desirable either before the study of f. If design approval is not requested ing and shall contain a description of the alternate routes in the corridor begins or as within 3 years after the date of the related proposal. To promote public understand­ it progresses to inform the public about design hearing held, or an opportunity for a ing, the inclusion of a map or other drawing highway proposals and to obtain informa­ hearing afforded, under this PPM, a new as part of the notice is encouraged. The notice tion from the public which might affect the hearing must be held or the opportunity of public hearing shall specify that maps, scope of the study or the choice of alterna­ afforded for such a hearing. drawings, and other pertinent information tives to be considered, and which might aid 7. Opportunity for public hearings. developed by the State highway department in identification of critical social, economic and written views received as a result of the a. A State may satisfy the requirements and environmental effects at a stage per­ coordination outlined in Paragraph 5.a will for a public hearing by ( 1 ) holding a public mitting maximum consideration of these be available for public inspection and copy­ hearing, or ( 2 ) publishing two notices of effects. State highway departments are en­ ing and shall specify where this information opportunity for public hearing and holding couraged to hold such a hearing or meeting is available; namely, at the nearest State a public hearing if any written, requests for whenever that action would further the highway department office or at some other such a hearing are received. The procedure objectives of this PPM or would otherwise convenient location in the vicinity of the for requesting a public hearing shall be ex­ serve the public interest. proposed project. plained in the notice. The deadline for sub­ 6 . Hearing requirements. (4) A notice of highway design public mission of such a request may not be less a. Both a corridor public hearing and a hearing shall indicate that tentative sched­ th a n 2 1 days after the date of publication design public hearing must be held, or an ules for right-of-way acquisition and con­ of the first notice of opportunity for public opportunity afforded for those hearings, with struction will be discussed. hearing, and no less than 14 days after the respect to each Federal-aid highway project (5) Notices of public hearing shall indi­ date of publication of the second notice of th at: cate that relocation assistance programs will opportunity for public hearing. (1) Is on a new location; or be discussed. (2 ) Would have a substantially different b. A copy of the notice of opportunity for ( 6 ) The State highway department shall social, economic or environmental effect; or public hearing shall be furnished to the furnish the division engineer with a copy of (3) Would essentially change the layout division engineer at time of publication. If the notice of public hearing at the time of or function of connecting roads or streets. no requests are received in response to a first publication. However, with respect to secondary road notice within the time specified for the sub­ b. Conduct of public hearing: programs, two hearings are not required on a mission of those requests, the State highway (1) Public hearings are to be held at a project covered by paragraph 6 (a ) ( 1 ) or (2 ) department shall certify that fact to the place and time generally convenient for per­ unless it will carry an average of 750 vehicles division engineer. sons affected by the proposed undertaking. a day in the year following its completion. c. The opportunity for another public (2) Provision shall be made for submission o. A single combined corridor and highway hearing shall be afforded in any case where of written statements and other exhibits in design public hearing must be held, or the proposed locations or designs are so changed place of, or in addition to, oral statements at opportunity for such a hearing afforded, on from those presented in the notices specified a public hearing. The procedure for the a i other projects before route location ap- above or at a public hearing as to have a submissions shall be described in the notice

FEDERAL REGISTER, VOL. 34, NO. 12— FRIDAY, JANUARY 17, 1969 730 RULES AND REGULATIONS

of public hearing and at the public hearing. other contacts with interested persons or (d) The State highway department has The final date for receipt of such statements groups. submitted the public hearing transcripts and or exhibits shall be at least 1 0 days after 10. Location and design approval. certificates required by section 128, title 23, the public hearing. a. This section applies to all requests for United States Code. (3) At each required corridor public hear­ location or design approval whether or not (e) The requirements of this PPM and of ing, pertinent information about location public hearings, or the opportunity for other applicable laws and regulations. alternatives studied by the State highway public hearings, are required by this PPM. d. The division engineer, under criteria department shall be made available. At each b. Each request by a State highway de­ to be promulgated by the Federal Highway required highway design public hearing in­ partment for approval of a route location Administrator, may in other appropriate formation about design alternatives studied or highway design must include a study instances authorize the acquisition of right- by the State highway department shall be report containing the following: of-way before a design hearing. made available. (1) Descriptions of the alternatives con­ e. Secondary Road Plans shall be amended (4) The State highway department shall sidered and a discussion of the anticipated as necessary to incorporate procedures similar make suitable arrangements for responsible social, economic, and environmental effects to those required for other projects. Second­ highway officials to be present at public hear­ of the alternatives, pointing out the signifi­ ary Road Plans shall include provisions re­ ings as necessary to conduct the hearings cant differences and the reasons supporting q u irin g ( 1 ) route location and highway and to be responsive to questions which may the proposed location or design. In addition, design approval, ( 2 ) preparation of study arise. the report must include an analysis of the reports as described in paragraph 1 0 (b ), and (5) The State highway department shall relative consistency of the alternatives with (3) corridor and highway design public hear­ describe the State-Federal relationship in the the goals and objectives of any urban plan ings in all cases where they would be required Federal-aid highway program by an appro­ that has been adopted by the community for Federal-aid projects not administered priate brochure, pamphlet, or statement, or co n cern ed . under the Secondary Road Plan. Project ac­ by other means. (a) Location study reports must describe tions by the division engineer or submissions ( 6 ) A State highway department may ar­ the termini, the general type of facility, the to the division engineer which are not now range for local public officials to conduct a nature of the service which the highway is required should not be established for Sec­ required public hearing. The State shall be intended to provide, and other major features ondary Road Plan projects as a result of this appropriately represented at such public of the alternatives. PPM. hearing and is responsible for meeting other (b) Design study reports must describe 11. Publication of approval. In cases where requirements of this PPM. essential elements such as design standards, a public hearing was held, or the opportunity (7) The State highway department shall number of traffic lanes, access control fea­ for a public hearing afforded, the state high­ explain the relocation assistance program tures, general horizontal and vertical align­ way department shall publish notice of the and relocation assistance payments available. ment, right-of-way requirements and loca­ action taken by the division engineer on ( 8 ) At each public hearing the State high­ tion of bridges, interchanges, and other each request for approval of a highway loca­ way department shall announce or otherwise structures. tion or design, or both, in a newspaper meet­ explain that, at any time after the hearing ( 2 ) Appropriate maps or drawings of the ing the requirements of paragraph 8 .a .( l) , and before the location or design approval location or design for which approval is w ith in 1 0 days after receiving notice of that related to that hearing, all information de­ req u ested . action. The notice shall include a narrative veloped in support of the proposed location (3) A summary and analysis of the views description of the location and/or design, as or design will be available upon request, for received concerning the proposed under­ approved. Where practicable, the inclusion public inspection and copying. ta k in g . of a map or sketch of that location or design (9) To improve coordination with the (4) A list of any prior studies relevant to is desirable. In any event, the publication State highway department, It is desirable the undertaking. shall state that such maps or sketches as that the division engineer or his representa­ c. At the time it requests approval under well as all other information concerning the tive attend a public hearing as an observer. this paragraph, each state highway depart­ approval is publicly available at a convenient At a hearing, he may properly explain pro­ ment shall publish in a newspaper meeting lo c a tio n . cedural and technical matters, if asked to the requirements of paragraph 8 . a .( l ) , a 1 2 . Reimbursement for public hearing ex­ do so. A Federal Highway Administration notice describing the location or design, or penses. Public hearings are an integral part decision regarding a proposed location or both, for which it is requesting approval. of the preliminary engineering process. Rea­ design will not be made before the State The notice shall include a narrative descrip­ sonable costs associated with public hearings highway department has requested location tion of the location or design. Where prac­ are eligible for reimbursement with federal- or design approval in accordance with para­ ticable, the inclusion of a map or sketch of aid funds on the same basis as other prelim­ gra p h 1 0 . that location or design is desirable. In any inary engineering costs. c. Transcript: event, the publication shall state that such (1) The State highway department shall maps or sketches as well as all other infor­ Issued in Washington, D.C., on Janu­ provide for the making of a verbatim writ­ mation submitted in support of the request ary 14,1969. ten transcript of the oral proceedings at each for approval is publicly available at a con­ public hearing. It shall submit a copy of venient location. [ s e a l ] P. C. T u r n e r , the transcript to the division engineer d. The following requirements apply to the Director of Public Roads. within a reasonable period (usually less than processing of requests for highway location L o w e l l K. B r id w e l l , 2 months) after the public hearing, together or highway design approval: w ith : (1 ) Location approval. The division en­ Federal Highway Administrator. (a) Copies of, or reference to, or photo­ gineer may approve a route location and au­ [F.R. Doc. 69-621; Filed, Jan. 16, 1969; graphs of each statement or exhibit used or thorize design engineering only after the 8 :4 7 a.m .] filed in connection with a public hearing. following requirements are met: (b) Copies of, or reference to, all informa­ (a) The State highway department has tion made available to the public before the requested route location approval. public hearing. (b) Corridor public hearings required by Title 26— INTERNAL REVENUE (2) The State highway department shall this PPM have been held, or the opportunity make copies of the materials described in for hearings has been afforded. Chapter I— Internal Revenue Service, subparagraph 8 .c.(l) available for public in­ (c) The State highway department has spection and copying not later than the date Department of the Treasury submitted public hearing transcripts and the transcript is submitted to the division certificates required by section 128, title 23, en g in eer. SUBCHAPTER A— INCOME TAX United States Code. 9. Consideration of social, economic, and [T.D. 6989] (d) The requirements of this PPM and of environmental effects. State highway de­ other applicable laws and regulations. partments shall* consider social, economic, pa rt I — INCOME TAX; TAXABLE and environmental effects before submis­ (2 ) Design approval. The division engineer YEARS BEGINNING AFTER DECEM­ sion of requests for location or design ap­ may approve the highway design and au­ BER 31, 1953 proval, whether or not a public hearing has thorize right-of-way acquisition, approve been held. Consideration of social, economic, right-of-way plans, approve construction Distributions by Foreign Trusts and environmental effects shall include an plans, specifications, and estimates, or au­ analysis of information submitted to the thorize construction, only after the follow­ On September 13, 1966, notice of pro­ State highway department in connection ing requirements have been met: posed rule making to conform the Income with public hearings or in response to the (a) The route location has been approved. Tax Regulations (26 CPR Part 1) under notice of the location or design for which (b) The State highway department has sections 641, 643, 665, 666, 668, and 669 a State highway department intends to re­ requested highway design approval. of the Internal Revenue Code of 1954 to quest approval. It shall also include consid­ (c) Highway design public hearings re­ eration of information developed by the quired by this PPM have been held, or the section 7 of the Revenue Act of 1962 (76 State highway department or gained from opportunity for hearings has been afforded. Stat. 985), relating to distributions by

FEDERAL REGISTER, VOL. 34, NO. 12— FRIDAY, JANUARY 17, 1969 RULES AND REGULATIONS 731 foreign trusts, was published in the F e d ­ or which distribute corpus (Subpart C), Par. 4. Section 1.643 (a)-6 is amended eral R e g is t e r (31 F.R. 11978). After treatment of excess distributions by to read as follows : consideration of all such relevant mat­ trusts (Subpart D), grantors and other § 1.643(a)—6 Income of foreign trust. ter as was presented by interested persons persons treated as substantial owners regarding the rules proposed, the amend­ (Subpart E), and miscellaneous provi­ (a) Distributable net income of a for­ ment of the regulations as proposed is sions relating to limitations on charitable eign trust. In the case of a foreign trust hereby adopted, subject to the changes deductions, income of an estate or trust (see section 7701(a) (31)), the determi­ set forth below: in case of divorce, and taxable years to nation of distributable net income is sub­ 1. Section 1.643 (d)-l, as set forth in which the provisions of Subchapter J are ject to the following rules: paragraph 5 of the notice of proposed applicable (Subpart F ). Part I has no (1) There is included in distributable rule making, is changed by revising para­ application to any organization which is net income the amounts of gross income graphs (a) and (b). not to be classified for tax purposes as a from sources without the United States, 2. Section 1.665 (a)-1, as set forth in trust under the classification rules of reduced by disbursements allocable to paragraph 7 of the notice of proposed rule §§ 301.7701-2, 301.7701-3, and 301.7701-4 such foreign income which would have making, is changed by revising new para­ of this chapter (Regulations on Proce­ been deductible but for the provisions of graph (b). dure and Administration). Part II of section 265 (relating to disallowance of 3. Paragraphs (a) and (c) of § 1.666 Subchapter J relates to the treatment of deductions allocable to tax exempt in­ (a)-l, as set forth in paragraph 13 of income in respect of decedents. However, come). See paragraph (b) of § 1.643 the notice of proposed rule making, are the provisions of Subchapter J do not (a)-5 for rules applicable when an estate changed by revising paragraph (a) (3) apply to employee trusts subject to Sub­ or trust is allowed a charitable contri­ and example (3) of paragraph (c) -and chapters D and F, Chapter 1 of the Code, butions deduction under section 642(c). by adding a new example (4) after ex­ and common trust funds subject to Sub­ (2) In the case of a distribution made ample (3) in paragraph (c). chapter H, Chapter 1 of the Code. by a trust before January 1, 1963, for 4. Section 1.669 (a)-2, as set forth in *e * * * * purposes of determining the distributable paragraph 17 of the notice of proposed net income of the trust for the taxable P a r . 2. Section 1.643(a) is amended year in which the distribution is made, or rule making, is changed by revising by revising section 643(a)(6) and by paragraphs (a)(1) and (c) (1) and (3). for any prior taxable year; adding a historical note. These amended (i) Gross income from sources within 5. Section 1.669 (a)-4, as set forth in and added provisions read as follows: paragraph 17 of the notice of proposed the United States is determined by tak­ rule making, is changed by revising § 1.643(a) Statutory provisions; estates ing into account the provisions of section paragraph (b). and trusts; definition of distributable 894 (relating to income exempt under 6. There are added immediately after net income. treaty) ; and paragraph 17 the fallowing new para­ S ec. 643. Definitions applicable to Subparts (ii) Distributable net income is deter­ graphs: A, B, C, and D— (a ) Distributable net income. mined by taking into account the provi­ For purposes of this part, the term “distribut­ P ar. 18. Section 1.643 (a)-4 is amended. sions of section 643(a)(3) (relating to able net income” means, with respect to any Par. 19. Section 1.643(b)-2 is amended. exclusion of certain gains from the sale taxable year, the taxable income of the es­ or exchange of capital assets). P ar. 20. Paragraph (a) of § 1.665 (a)-1 tate or trust computed with the following is amended. modifications— (3) In the case of a distribution made Par. 21. Paragraph (b) of § 1.665(e)-2 * * * * * by a trust after December 31, 1962, for is amended. purposes of determining the distributable ( 6 ) Income of foreign trust. In the case P ar. 22. Paragraph (a) of § 1.666 (b)-l of a foreign trust— net income of the trust for any taxable is amended. (A) There shall be included the amounts year, whether ending before January 1, P ar. 23. Paragraph (a) of § 1.666(c)-l of gross income from sources without the 1963, or after December 31, 1962; is amended. United States, reduced by any amounts which (i) Gross income (for the entire for­ P ar. 24. Paragraph (a) of § 1.667-1 is would be deductible in respect of disburse­ eign trust) from sources within the amended. ments allocable to such income but for the United States is determined without re­ provisions of section 265(1) (relating to dis­ P ar. 25. Paragraph (a) (2) of § 1.671-3 gard to the provisions of section 894 (re­ is amended. allowance of certain deductions). (B) Gross income from sources within the lating to income exempt under treaty) ; [ se a l ] S h e l d o n S . C o h e n , United States shall be determined without (ii) In respect of a foreign trust Commissioner of Internal Revenue. regard to section 894 (relating to income create«.' by a U.S. person (whether such exempt under treaty). trust constitutes the whole or only a por­ Approved: January 10, 1969. (C) Paragraph (3) shall not apply to a tion of the entire foreign trust) (see sec­ foreign trust created by a U.S. person. In S t a n l e y S . S u r r e y , tion 643(d) and § 1.643(d )-l), there Assistant Secretary the case of such a trust, (i) there shall be shall be included in gross income gains of the Treasury. included gains from the sale or exchange of from the sale or exchange of capital as­ capital assets, reduced by losses from such sets reduced by losses from such sales or In order to conform the Income Tax sales or exchanges to the extent such losses do not exceed gains from such sales or ex­ exchanges to the extent such losses do Regulations (26 CFR Part 1) under sec­ changes, and (ii) the deduction under sec­ not exceed gains from such sales or ex­ tions 641, 643, 665, 666, 668, and 669 of tio n 1 2 0 2 (relating to deduction for excess changes, and the deduction under section the Internal Revenue Code of 1954 to of capital gains over capital losses) shall not 1202 (relating to deduction for capital section 7 of the Revenue Act of 1962 (76 be taken into account. gains) shall not be taken into account; Stat. 985), such regulations are amended ***** as follows: and [Sec. 643(a) as amended by sec. 7(a), Rev. (iii) In respect of a foreign trust P aragraph 1. Section 1.641 (a)-0 is Act 1962 (76 Stat. 985) ] amended by revising paragraph (a) to created by a person other than a U.S. read as follows: P a r . 3. Section 1.643 (a)-3 is amended person (whether such trust constitutes by revising so much of paragraph (a) the whole or only a portion of the entire § 1.641 (a)—0 Scope of Subchapter J. as precedes subparagraph (1) to read as foreign trust) (see section 643(d) and (a) In general. Subchapter J (sec­follows: § 1.643 (d )-l), distributable net income tions 641 and following), Chapter 1 of is determined by taking into account all the Code, deals with the taxation of in­ § 1.643 (a)—3 Capital gains and losses. of the provisions of section 643 except come of estates and trusts and their (a) Except as provided in § 1.643(a)-section 643(a)(6)(C) (relating to gains beneficiaries, and of income in respect of 6, gains from the sale or exchange of from the sale or exchange of capital as­ decedents. Part I of Subchapter J con­ capital assets are ordinarily excluded sets by a foreign trust created by a U.S. tains general rules for taxation of estates from distributable net income, and are person). and trusts (Subpart A), specific rules not ordinarily considered as paid, (b) The application of this section, relating to trusts which distribute cur­ credited, or required to be distributed to showing the computation of distributable rent income only (Subpart B), estates any beneficiary unless they are: net income for one of the taxable years and trusts which may accumulate income ***** for which such a computation must be

FEDERAL REGISTER, VOL. 34, NO. 12— FRIDAY, JANUARY 17« 1969 732 RULES AND REGULATIONS made, may be illustrated by the following trust constitutes a foreign trust created by property transferred directly or indirectly by examples: a U.S. person. a U.S. person (as defined in section 7701(a) (2) The distributable net income for the (30) ), or under the will of a decedent who at E xam ple (1). (1) A trust is created in taxable year 1964 of the foreign trust created the date of his death was a U.S. citizen or 1952 under the laws of Country X by the by a U.S. person, determined under section r esid e n t. transfer to a trustee in Country X of money 643(a), is $42,000 computed as follows: and property by a U.S. person. The entire [Sec. 643(d) as added by sec. 7(a), Rev. Act trust constitutes a foreign trust created by Interest on bonds of a U.S. corpora­ 1962 (76 Stat. 985) ] a U.S. person. The income from the trust tion (60 percent of $ 1 0 ,0 0 0 ) ______$ 6 , 0 0 0 corpus is to be accumulated until the bene­ Gross income from investments in § 1.643(d)—1 Definition of “foreign ficiary, a resident citizen of the United Country X (60 percent of $40,000) _ 24, 000 trust created by a United States States who was born in 1944, reaches the age Net long-term capital gain person.” o f 2 1 years, and upon his reaching that age, from U.S. sources (60 per­ (a) In general. For the purpose of the corpus and accumulated income are to cent of $30,000)______$ 1 8 ,0 0 0 be distributed to him. The trust instru­ Less: Net short-term capital Part I, subchapter J, chapter 1 of the ment provides that capital gains are to be loss from U.S. sources (60 Internal Revenue Code, the term “for­ allocated to corpus and are not to be paid, percent of $5,000)______3 ,0 0 0 eign trust created by a United States per­ credited, or required to be distributed to any son” means that portion of a foreign beneficiary during the taxable year or paid, 15, 000 trust (as defined in section 7701 (a) (31) ) permanently set aside, or to be used for the attributable to money or property (in­ purposes specified in section 642(c). Under T o ta l ______4 5 ,0 0 0 cluding all accumulated earnings, profits, the terms of a tax convention between the Less: Expenses allocable to income United States and Country X, interest in­ from investments in Country X or gains attributable to such money or come received by the trust from U.S. sources (60 percent of $5,000)______3, 000 , property) of a U.S. person (as defined in is exempt from U.S. taxation. In 1965 the section 7701(a) (30) ) transferred di­ corpus and accumulated income are dis­ Distributable net income ______42, 000 rectly or indirectly, or under the will of tributed to the beneficiary. During the (3) The distributable net income for thea decedent who at the date of his death taxable year 1964, the trust has the follow­ taxable year 1964 of the portion of the entire was a U.S. citizen or resident, to the ing items of income, loss, and expense: foreign trust which does not constitute a foreign trust. A foreign trust created Interest on bonds of a U.S. corpora­ foreign trust created by a U.S. person, deter­ by a person who is not a U.S. person, to tio n _____ - ______$ 1 0 , 0 0 0 mined under section 643(a), is $18,000, com­ which a U.S. person transfers his money Net long-term capital gain from U.S. puted as follows: or property, is a foreign trust created so u rces ______30, 000 Interest on bonds of a U.S. corpora­ by a U.S. person to the extent that the Gross income from investments in tion (40 percent of $10,000)______$4, 000 fair market value of the entire foreign C o u n try X ______!______40, 000 Gross income from investments in trust is attributable to money or property Net short-term capital loss from Country X (40 percent of $40,000) _ 16, 000 U.S. sources____ ;______Z____ 5, 000 of the U.S. person transferred to the for­ Expenses allocable to gross income T o ta l ______..___ 2 0 ,0 0 0 eign trust. The transfer of money or from investments in Country X __ 5 ,0 0 0 Less: Expenses allocable to income property to - the foreign trust may be (2) The distributable net income for the from investments in Country X made either directly or indirectly by a taxable year 1964 of the foreign trust created (40 percent of $5,000)______2, 000 U.S. person. Transfers of money or prop­ by a U.S. person, determined under section erty to a foreign trust do not include 643(a), is $70,000, computed as follows: Distributable net income _____ 18, 000 transfers of money or property pursuant Interest on bonds of a U.S. corpora­ (4) The distributable net income of the to a sale or exchange which is made for tio n ______$ 1 0 , 0 0 0 entire foreign trust for the taxable year 1964 a full and adequate consideration. Trans­ Gross income from investments in is $60,000, computed as follows: fers to which section 643 (d) and this sec­ C o u n try X ______4 0 ,0 0 0 Distributable net income of the for­ tion apply are transfers of money or Net long-term capital grain eign trust, created by a U.S. per­ property which establish or increase the from U.S. sources______$30, 000 so n ______$42, 000 corpus of a foreign trust. The rules set Less: Net short-term capital Distributable net income of that loss from U.S. sources___ 5, 000 forth in this section with respect to portion of the entire foreign trust transfers by a U.S. person to a foreign which does not constitute a for­ trust also are applicable with respect to Excess of net long-term capital gain eign trust created by a U.S. * over net short-term capital loss __ 2 5 ,0 0 0 p e r s o n ______:______18, 0 0 0 transfers under the will of a decedent who at the date of his death was a U.S. T o ta l ______7 5 ,0 0 0 Distributable net income of citizen or resident. For provisions relat­ Less: Expenses allocable to income the entire foreign trust____ 60, 0 0 0 ing to the information returns which from investments in Country X __ 5, 000 It should be noted that the difference be­ are required to be filed with respect to Distributable net income ___ 70, 000 tween the $70,000 distributable net income the creation of or transfers to foreign of the foreign tnist in example ( 1 ) a n d th e trusts, see section 6048 and § 16.3-1 of (3) In determining the distributable net$60,000 distributable net income of the entire this chapter (Temporary Regulations income of $70,000, the taxable income of the foreign trust in this example is due to the under the Revenue Act of 1962). trust is computed with the following modi­ $10,000 (40 percent of $25,000) net capital fications: No deduction is allowed for the gain which under section 643(a)(3) is ex­ (b) Determination of a foreign trust personal exemption of the trust (section cluded from the distributable net income of created by a U.S. person— (1) Trans­ 643(a)(2)); the interest received on bonds that portion of the foreign trust in example fers of money or property only by of a U.S. corporation is included in the trust ( 2 ) which does not constitute a foreign trust a U.S. person. If all the items of money gross income despite the fact that such in­ created by a U.S. person. terest is exempt from U.S. tax under the or property constituting the corpus of a provisions of the tax treaty between Country Par, 5. Section 1.643(c)-2 is redesig­ foreign trust are transferred to the trust X and the United States (section 643(a) ( 6 ) nated § 1.643(d)-2, and §§ 1.643(d) and by a U.S. person, the entire foreign trust (B) ) ; the excess of net long-term capital 1.643 (d )-l are added immediately after is a foreign trust created by a U.S. gain over net short-term capital loss allocable person. to corpus is included in distributable net § 1.643 (c)-l. These added and redesig­ nated sections read as follows: (2) Transfers of money or property by Income, but such excess is not subject to the both a U.S. person and a person other deduction under section 1202 (section 643 § 1.643(d) Statutory provisions; estates ( a ) ( 6 )(C )); and the amount representing than a U.S. person; transfers required to gross income from investments in Country and trusts; definition of foreign be treated as separate funds. Where X is included, but such amount is reduced trusts created by United States there are transfers of money or property by the amount of the disbursements al» persons. by both a U.S. person and a person other locable to such income (section 643(a)(6) S ec. 643. Definitions applicable to sub- than a U.S. person to a foreign trust, (A)). p a rts A, B, C, an d D. * * * and it is necessary, either ,by reason E xam ple (2 ) . ( 1 ) The facts are the same (d ) Foreign trusts created by U.S. persons. of the provisions of the governing instru­ as in example ( 1 ) except that money or property has also been transferred to the For purposes of this part, the term “foreign ment of the trust or by reason of some trust by a person other than a U.S. person trust created by a U.S. person” means that other requirement such as local law, that and, pursuant to the provisions of § 1.643(d)- portion of a foreign trust (as defined in sec­ the trustee treat the entire foreign trust 1, during 1964 only 60 percent of the entire tion 7701(a) (61)) attributable to nioney or as composed of two separate funds, one

FEDERAL REGISTER, VOL. 34, NO. 12— FRIDAY, JANUARY 17, 1969 RULES AND REGULATIONS 733 consisting of the money or property U.S. person transfers to it property having a Immediately after these transfers, the foreign (including all accumulated earnings, fair market value of $60,000 and a person trust created by a U.S. person is 60 percent profits, or gains attributable to such other than a U.S. person transfers to it prop- of the entire foreign trust, determined as money or property) transferred by the erty having a fair market value of $40,000. follows: U.S. person and the other consisting of $60,000 (Value of property transferred by U.S. person) the money or property (including all ac­ $100,000 (Value of entire property transferred to trust) =60 percent cumulated earnings, profits, or gains The undistributed net income for the cal­ of $40,000 increasing the value of the entire attributable to such money or property) endar years 1964 and 1965 is $20,000 which foreign trust to $160,000 ($ 1 2 0 , 0 0 0 p lu s transferred by the person other than the increases the value of the entire foreign $40,000) and increasing the value of the U.S. person, the foreign trust created by tr u s t t o $ 1 2 0 , 0 0 0 ($ 1 0 0 , 0 0 0 p lu s $ 2 0 ,0 0 0 ). portion of the foreign trust created by the a U.S. person shall be the fund consisting Accordingly, as of December 31, 1965, the U.S. person to $112,000 ($72,000 plus $40,000). of the money or property transferred by portion of the foreign trust created by the Immediately, after this transfer, the foreign the U.S. person. See example (1) in para­ U.S. person is $72,000 (60 percent of $120,- trust created by .the U.S. person is 70 percent 000). On January 1, 1966, the U.S. person of the entire foreign trust, determined as graph (c) of this section. transfers property having a fair market value fo llo w s : (3) Transfers of money or property by both a U.S. person and a person other $112,000 (Value of property transferred by U.S. person) than a U.S. person; transfers not required $160,000 (Value of entire property transferred to the trust) = 70 percent to be treated as separate funds. Where Par. 6. Section 1.665 (a)-0 is amended visions of Chapter 1 of the Internal Rev­ the corpus of a foreign trust consists of to read as follows: enue Code. Subpart D does not apply to money or property transferred to the any estate. trust (simultaneously or at different § 1.665(a)—0 Excess distributions by trusts; scope of subpart D. Par. 7. Section 1.665 (a)-1 is amended times) by a U.S. person and by a person by revising so much of paragraph (a) as who is not a U.S. person, the foreign Subpart D (section 665 and following), precedes subparagraph (1) thereof, by trust created by a U.S. person within the Part I, Subchapter J, Chapter 1 of the redesignating paragraph (b) as para­ meaning of section 643(d) is that por­ Internal Revenue Code, in the case of graph (c), and by adding a new para­ tion of the entire foreign trust which, trusts other than foreign trusts created graph (b). These revised, redesignated, immediately after any transfer of money by U.S. persons, is designed generally and added paragraphs read as folows: or property to the trust, the fair market to prevent a shift of tax burden to a value of money or property (including trust from a beneficiary or beneficiaries. § 1.665(a)—1 Undistributed net income. all accumulated earnings, profits, or In the case of a foreign trust created by (a) The term “undistributed net in­ gains attributable to such money or a U.S. person, Subpart D is designed to come”, except in the case of a foreign property) transferred to the foreign prevent certain other tax avoidance pos­ trust created by a U.S. person, means for trust by the U.S. person bears to the fair sibilities. To accomplish these ends, any taxable year the distributable net market value of the corpus (including all Subpart D provides special rules for income of the trust for that year as de­ accumulated earnings, profits, or gains treatment of amounts paid, credited, or termined under section 643(a), less: attributable to the corpus) of the entire required to be distributed by a complex ***** foreign trust. trust (subject to Subpart C (section 661 (b) The undistributed net income of a (c) The provisions of paragraph (b) and following) of such Part I) in foreign trust created by a U.S. person for of this section may be illustrated by the any year in excess of distributable net any taxable year is the distributable net following examples. Example (1) illus­ income for that year. Such an excess income of such trust (see § 1.643 (a)-6 trates the application of paragraph (b) distribution is defined as an accumula­ and the examples set forth in paragraph (2) of this section. Example (2) illus­ tion distribution, subject to the limita­ (b) thereof), less: trates the application of paragraph (b) tions in section 665 (b) or (c). An ac­ (1) The amount of income required (3) of this section in a case where there cumulation distribution, in the case of a to be distributed currently and any other is no provision in the governing instru­ trust other than a foreign trust created amounts properly paid or credited or ment of the trust or elsewhere which by a U.S. person, is “thrown back” to required to be distributed to beneficiaries would require the trustee to treat the each of the 5 preceding years in inverse in the taxable year as specified in para­ corpus of the trust as composed of more order. In the case of a foreign trust graphs (1) and (2) of section 661(a), created by a U.S. person such an accu­ and than one fund. mulation distribution is “thrown back,” Exam ple (1). On January i, 1964, the date in inverse order, to each of the preceding (2) The amount of taxes imposed on of the creation of a foreign trust, a U.S. per­ years to which the Internal Revenue such trust by chapter 1 of the Internal son transfers to it stock of a U.S. corporation Code of 1954 applies. That is, an ac­ Revenue Code, which are attributable to with a fair market value of $50,000. On the items of income which are required to be same day, a person other than a U.S. person cumulation distribution will be taxed to included in such distributable net in­ transfers to the trust Country X bonds with the beneficiaries of the trust in the year come. For purposes of subparagraph (2) a fair market value of $25,000. The govern­ the distribution is made or required, but, of this paragraph, the amount of taxes ing instrument of the trust provides that the in general, only to the extent of the dis­ income from the stock of the U.S. corporation imposed on the trust (for any taxable tributable net income of those years year), by chapter 1 of the Internal Reve­ is to be accumulated until A, a U.S. benefi­ which was not in fact distributed. How­ ciary, reaches the age of 2 1 years, and upon ever, with respect to a distribution by a nue Code is the amount of taxes imposed his reaching that age, the stock and income trust other than a foreign trust created pursuant to the provisions of section 871 accumulated thereon are to be distributed to which is properly allocable to the un­ him. The governing instrument of the trust by a U.S. person, the resulting tax will distributed portion of the distributable further provides that the income from the not be greater than the aggregate of the net income. See § 1.665 (d)-l. The Country X bonds is to be accumulated until taxes that would have been attributable amount of taxes imposed pursuant to the B, a U.S. beneficiary, reaches the age of 21 to the amount thrown back to previous provisions of section 871 is the difference years, and upon his reaching that age, the years had they been included in gross bonds and income accumulated thereon are between the total tax imposed pursuant income of the beneficiaries in those years. to the provisions of that section on the to be distributed to him. To comply with In the case of a foreign trust created by the provisions of the governing instrument foreign trust created by a U.S. person for of the trust that the income from the stock a U.S. person, the resulting tax is com­ the year and the amount which would of the U.S. corporation be accumulated and puted under the provisions of section 669. have been imposed on such trust h^td all distributed to A and that the income from To prevent double taxation, both in the the distributable net income, as deter­ the Country X bonds be accumulated and case of a foreign trust created by a U.S. mined under section 643(a), been dis­ distributed to B, it is necessary that the person, and a trust other than a foreign tributed. The application of the rule in trustee treat the transfers as two separate trust created by a U.S. person, the bene­ funds. The fund consisting of the stock of this paragraph may be illustrated by the the U.S. corporation is a foreign trust created ficiaries receive a credit for any taxes following examples: hy a U.S. person. previously paid by the trust which are E xam ple (1). A trust was created in 1952 Exam ple ( 2 ). On January 1 , 1964, the attributable to the excess thrown back under the laws of Country X by the transfer date of the creation of a foreign trust, a and which are creditable under the pro­ t o a trustee in Country X of money or

FEDERAL REGISTER, VOL 34, NO, 12— FRIDAY, JANUARY 17, 1969 734 RULES AND REGULATIONS property by a U.S. person. The entire trust 60% of $30,000 Country X divi­ excluded from the definition of an ac­ constitutes a foreign trust created by a U.S. d en d s ______1 8 ,0 0 0 cumulation distribution under section person. The governing instrument of the trust provides that $7,000 of income is re­ T o t a l______3 6 ,0 0 0 665(b), or which are excluded under sec­ quired to be distributed currently to a U.S. L ess: tion 663(a) (1), relating to gifts, bequests, beneficiary and gives the trustee discretion (i) Amounts distributed etc. See paragraph (f) (5) of § 1.668(b)-2 to make additional distributions to the bene­ to the beneficiary— for an illustration of the reduction of ficiary. During the taxable year 1963 the Income currently dis­ undistributed net income for any year trust had income of $ 1 0 ,0 0 0 from dividends tributed to the ben­ by a subsequent accumulation distri­ of a U.S. corporation (on which Federal in­ eficiary (60% of bution. come taxes of $3,000 were imposed pursuant $ 7 ,0 0 0 ) ______$ 4 ,2 0 0 to the provisions of section 871 and withheld Other amounts dis­ P ar. 8 . Section 1.665(b) is amended under section 1441 resulting in the receipt tributed to the ben­ by revising so much of section 665(b) as by the trust of cash in the amount of eficiary (60% of precedes paragraph (1) and by adding $7,000), $20,000 An capital gains from the $ 2 1 ,5 0 0 )______1 2 ,9 0 0 a historical note. These revised and sale of stock of a Country Y corporation, and Taxes under sec. 871 added provisions read as follows; $30,000 from dividends of a Country X cor­ deemed distributed poration, none of the gross income of which to the beneficiary § 1.665(b) Statutory provisions; accu­ was derived from sources within the United (60% of $1,500)____ 900 mulation distributions of trusts other States. The trustee did not file a U.S. income than certain foreign trusts. tax return for the taxable year 1963. The Total amounts dis­ S ec. 665. distributable net income of the trust before Definitions applicable to sub­ tributed to the p a rt D. * * * distributions to the beneficiary for 1963 is benefiiciary _____ 1 8 ,0 0 0 $60,000 ($57,000 of which is cash). During (ii) Amount of taxes (b ) Accumulation distributions of trusts 1963 the trustee made distributions to the Imposed on the trust other than certain foreign trusts^ F or p u r­ U.S. beneficiary equaling one-half of the under chapter 1 o f th e poses of this subparfc, in the case of a trust trust’s distributable net income or $30,000. Code (See § 1.665(d)- (other than a foreign trust created by a U.S. Thus, the UJS. beneficiary is treated as hav­ 1) (60% of $1,500)— 900 person), the term “accumulation distribu­ ing had distributed to him $5,000 (composed tion” for any taxable year of the trust means of $3,500 as a cash distribution and $1,500 T o ta l ______1 8 ,9 0 0 the amount (if in excess of $ 2 ,0 0 0 ) b y w h ich as the tax imposed pursuant to the provi­ the amounts specified in paragraph ( 2 ) of sions of section 871 and withheld under sec­ Undistributed net income ____ 17 ,1 0 0 section 661(a) for such taxable year exceed tion 1441) , representing one-half of the in­ distributable net income reduced by the (2) The undistributed net income of the amounts specified in paragraph ( 1 ) o f sec­ come from U.S. sources; $10,000 in cash, portion of the entire trust which is not a tion 661(a). For purposes of this subsection, representing one-half of the capital gains foreign trust created by a U.S. person for the amount specified in paragraph ( 2 ) of from the sale of stock of the Country Y 1963 is $11,400, computed as follows: section 661(a) shall be determined without corporation; and $15,000 in cash, represent­ Distributed net income (40% of regard to section 6 6 6 and shall not include— ing one-half of the income from Country X each item of gross income of ***** entire trust) sources for a total of $30,000. The undis­ [Sec. 665(b) as amended by sec. 7(b), Rev. tributed net income of the trust at the close 40% of $10,000 U.S. dividends___ $4, 000 Act 1962 (76 Stat. 985) ] of taxable year 1963 is $28,500 computed as 40% of $20,000 Country X capital g a in s ------8 , 0 0 0 Par. 9. Section 1.665 (b )-l is amended fo llo w s: 40% of $30,000 Country X divi­ by revising the title and paragraphs (a) Distributable net income ______$ 6 0 ,0 0 0 d en d s ______1 2 , 0 0 0 and (b). These amended provisions read L ess: as follows: (1) A m ounts distrib­ T o ta l ______24, 000 uted to the bene­ L ess: § 1.665(b)—1 Accum ulation distribu­ ficia ry — (i) Amounts distributed tions of trusts other than certain for­ Income currently dis- " to the beneficiary— eign trusts; in general. tributed to the Income currently dis­ beneficiary ______$ 7 ,0 0 0 tributed to the ben­ (a) Subject to the limitations set forth Other amounts dis­ eficiary (40% of in § 1.665(b)-2, in the case of a trust tributed to the $7,000) ______$ 2 ,8 0 0 other than a foreign trust created by a beneficiary ______2 1 ,5 0 0 Other amounts dis­ U.S. person, the term “accumulation dis­ Taxes under sec. 871 tributed to the ben­ tribution” for any taxable year means an deemed distributed eficiary (40% of amount (if in excess of $2,000), by which to the beneficiary __ 1, 500 $ 2 1 ,5 0 0 )______8 ,6 0 0 Taxes under sec. 871 the amounts properly paid, credited, or Total amounts dis­ deemed distributed required to be distributed within the tributed to the to the beneficiary meaning of section 661(a)(2) for that beneficiary ______3 0 ,0 0 0 (40% of $1,500)____ 600 year exceed the distributable net income (2) Amount of taxes (determined under section 643(a)) of the imposed on the trust Total amounts dis­ trust, reduced (but not below zero) by under chapter 1 o f tributed to the the amount of income required to be dis­ the Code (See § 1.665 beneficiary ______1 2 , 0 0 0 tributed currently. (In computing the ( d ) - l ) ______1 ,5 0 0 (ii) Amount of taxes imposed on the trust amount of an accumulation distribution T o ta l ______3 1 ,5 0 0 under chapter 1 o f th e pursuant to the preceding sentence, there Code (See § 1.665(d)- is taken into account amounts applied or Undistributed net income __$ 2 8 ,5 0 0 1) (40% of $1,500) ___ 600 distributed for the support of a depend­ ent under the circumstances specified in Exam ple (2). The facts are the same as T o t a l ______■_____ 12, 600 in example ( 1 ) except that property has section 677(b) or section 678(c) out of corpus or out of other than income for been transferred to the trust by a person Undistributed net income __ 1 1 ,4 0 0 other than a U.S. person, and during 1963 the taxable year and amounts used to the foreign trust created by a U.S. person (c) However, the undistributed net in­discharge or satisfy any person’s legal was 60 percent of the entire foreign trust. come for any year to which an accumula­ obligation as that term is used in § 1.662 The trustee paid no income taxes to Country tion distribution for a later year may be (a)-4.) If the distribution as so com­ X in 1963. thrown back may be reduced by accumu­ puted is $2,000 or less, it is not an accu­ (1) The undistributed net income of the lation distributions in intervening years mulation distribution within the mean­ foreign trust created by a U.S. person for 1963 and also by any taxes imposed on the ing of Subpart D (section 665 and follow­ is $17,100, computed as follows: trust which are deemed to be distributed Distributable net income (60% of ing) , Part X Subchapter J, Chapter 1 of under section 666 by reason of the ac­ the Code. If the distribution exceeds each item of gross income of cumulation distributions. On the other entire trust): hand, undistributed net income for any $2,000, then the full amount is an accu­ 60% of $10,000 U.S. dividends____ $ 6 , 000 mulation distribution for the purposes of 60% of $20,000 Country X capital year will not be reduced by any distribu­ g a in s ______1 2 , 0 0 0 tions in an intervening year which are Subpart D„

FEDERAL REGISTER, VOL. 3 4 , N O . 1 2 — FRIDAY, JANUARY 1 7 , 1 9 6 9 RULES AND REGULATIONS 735

Cb) Although amounts properly paid, means the amount by which the amounts U.S. person by the trust. For example, if credited, or required to be distributed specified in pargaraph ( 2 ) o f s e c tio n 6 6 1 (a ) a nonresident alien receives a distribu­ for such taxable year exceed distributable tion from a foreign trust created by a under section 661(a) (2) do not exceed net income, reduced by the amounts speci­ the income of the trust during the tax­ fied in paragraph (1) of section 661(a). For U.S. person and then pays the amount able year, an accumulation distribution purposes of this subsection, the amount of the distribution over to a U.S. person, may result if such amounts exceed dis­ specified in paragraph (2 ) of section 661(a) the payment of such amount to the U.S. tributable net income reduced (but not shall be determined without regard to sec­ person represents an accumulation dis­ below zero) by the amount required to be tio n 6 6 6 . Any amount paid to a U.S. person tribution to the U.S. person from the distributed currently. This may result which is from a payor who is not a U.S. trust to the extent that the amount from the fact that expenses allocable to person and which is derived directly or in­ directly from a foreign trust created by a received would have been an accumula­ corpus are taken into account in deter­ U.S. person shall be deemed in the year of tion distribution had the trust paid the mining taxable income and hence dis­ payment to have been directly paid by the amount directly to the U.S. person in tributable net income. However, in the foreign trust. the year in which the payment was re­ case of a trust other than a foreign trust ceived by the U.S. person. This section created by a U.S. person, the provisions ♦ * # * [Sec. 665(c) as added by sec. 7(b), Rev. Act also applies in a case where a nonresi­ of Subpart D will not apply unless there 1962 (76 Stat. 985) ] dent ahen receives indirectly an ac­ is undistributed net income in at least cumulation distribution from a foreign one of the five preceding taxable years. § 1.665(c)—1 Accumulation distributions trust created by a U.S. person and then See section 666 and the regulations of certain foreign trusts; in general. pays it over to a U.S. person. An ex­ thereunder. (a) In the case of a foreign trust cre­ ample of such a transaction is one ***** ated by a U.S. person, the term “accu­ where the foreign trust created by a P ar. 10. Section 1.665(b)-2 is amend­ mulation distribution” for any taxable U.S. person makes the distribution to ed by revising the title and paragraph year means an amount by which the an intervening foreign trust created (a). These amended provisions read as amounts properly paid, credited, or re­ by either a U.S. person or a person other follows: quired to be distributed within the mean­ than a U.S. person and the intervening ing of section 661(a)(2) for that year trust distributes the amount received § 1.665(b)—2 Exclusions from accumu­ exceed the distributable net income (de­ to a nonresident alien who in turn pays lation distributions in the case of termined under section 643(a)) of the it over to a U.S. person. Under these trusts (other than a foreign trust cre­ trust, reduced (but not below zero) by ated by a U.S. person). circumstances, it is deemed that the the amount of income required to be dis­ payment received by the U.S. person (a) In the case of a trust other than tributed currently. (In computing the was received directly from a foreign a foreign trust created by a U.S. person, amount of an accumulation distribution trust created by a U.S. person. certain amounts paid, credited, or re­ pursuant to the preceding sentence, there (b) Limitation. In the case of a dis­ quired to be distributed to a beneficiary is taken into account amounts applied or tribution to a beneficiary who is a U.S. are excluded under section 665 (b) in de­ distributed for the support of a depend­ person, paragraph (a) of this section termining whether there is an accumula­ ent under circumstances specified in sec­ does not apply if the distribution is re­ tion distribution for the purposes of Sub­ tion 677(b) and section 678(c) out of ceived by such beneficiary under cir­ part D (section 665 and following), Part corpus or out of other than income for the taxable year and amounts used to cumstances indicating lack of intent on I, Subchapter J, Chapter 1 of the Code. the part of the parties to circumvent the These exclusions are solely for the pur­ discharge or satisfy any person’s legal pose of determining the amount allocable obligation as that term is used in § 1.662 purposes for which section 7 of the to preceding years under section 666 and (a)-4.) Revenue Act of 1962 (76 Stat. 985) was in no way affect the determination under (b) Although amounts properly paid, enacted. Subpart C (section 661 and following) credited, or required to be distributed § 1.665(d) Statutory provisions; excess of such Part I of the beneficiary’s tax under section 661(a) (2) do not exceed distributions by trusts; definition of liability for the year of distribution. tile income of the trust during the tax­ taxes imposed on the trust. Further, amounts excluded from ac­ able year, an accumulation distribution Sec. 665. Definitions applicable to Sub­ cumulation distributions do not reduce may result if such amounts exceed dis­ p a rt D. 1 * * the amount of undistributed net income tributable net income reduced (but not (d ) Taxes imposed on the trust. * * * for the 5 years preceding the year of below zero) by the amount required to be [S ec. 6 6 d(d) as redesignated by sec. 7(b) distribution. distributed currently. This may result Rev. Act 1962 (76 Stat. 985) ] ***** from the fact that expenses allocable to corpus are taken into account in deter­ § 1.665(d)—1 Taxes imposed on the P ar. 11. Sections 1.665(c), 1.665(c)- mining taxable income and hence dis­ trust. 1, 1.665(d), 1.665(d)-l, and 1.665(d)-2 * * * * * are redesignated §§ 1.665(d), 1.665(d)-l, tributable net income. However, the 1.665(e), 1.665(e)-l, and 1.665(e)-2, re­ provisions of Subpart D will not apply § 1.665(e) Statutory provisions; excess unless there is undistributed net income distributions by trusts; definition of spectively. In redesignated § 1.665(d), preceding taxable year. section 665(c) is redesignated section in at least one of the preceding taxable 665(d) and a historical note is added. years which began after December 31, Sec. 665. Definitions applicable to Sub­ 1953, and ended after August 16, 1954. part D. * * * In redesignated § 1.665(e), section 665 (e ) Preceding taxable year. * * * (d) is redesignated section 665(e) and a See section 666 and the regulations historical note is added. Redesignated thereunder. [Sec. 665(e) as redesignated by sec. 7(b), § 1.665 (e) —1 is amended by revising para­

FEDERAL REGISTER, VOL. 34, NO. 12— FRIDAY, JANUARY 17, 1969 No. 12—Pt. i- 736 RULES AND REGULATIONS

(required under the trust instrument to subsection, undistributed net income for a U.S. person In the proportion that the distribute all of its income currently) each of such 5 preceding taxable years shall total undistributed net income for all which received in the preceding taxable be computed without regard to such accu­ mulation distribution and without regard to preceding years of the foreign trust year extraordinary dividends or taxable any accumulation distribution determined created by a person other than a U.S. stock dividends which the trustee in for any succeeding taxable year. In the case person bears to the total undistributed good faith allocated to corpus, but which of a foreign trust created by a U.S. person, net income for all years of the entire for­ are subsequently determined to be cur­ this subsection shall apply to the preceding eign trust. Accordingly, an accumulation rently distributable to the beneficiary. taxable years of the trust without regard to distribution of such a trust is composed See section 643(a)(4) and § 1.643(a)-4. any provision of the preceding sentences of two portions with one portion relat­ The trust would qualify for treatment which would (but for this sentence) limit its application to the 5 preceding taxable ing to the undistributed net income of under such Subpart C for the year of years. the foreign trust created by the U.S. per­ distribution of the extraordinary divi­ son and the other portion relating to the dends or taxable stock dividends, be­ [S ec. 6 6 6 (a) as amended by sec. 7(c), Rev. undistributed net income of the foreign cause the distribution is not out of in­ Act 1962 (76 Stat. 986) ] trust created by the person other than a come of the current taxable year and P ar. 13. Section 1.666(a)-l is amended U.S. person. For these purposes, each would be treated as other amounts prop­ by revising paragraphs (a) and (c) to portion of an accumulation distribution erly paid or credited or required to be read as follows: made in any taxable year is first allo­ distributed for such taxable year within cated to each of such preceding taxable the meaning of section 661(a) (2). Also, § 1 .6 6 6 (a )—1 Amount allocated. years in turn, beginning with the most in the case of a trust other than a foreign (a) (1) If a trust other than a foreign recent year, to the extent of the undis­ trust created by a U.S. person, the dis­ trust created by a U.S. person makes an tributed net income for the applicable tribution would qualify as an accumula­ accumulation distribution in any taxable foreign trust for each of those years. tion distribution for the purposes of such year, the distribution is included in the Thus, each portion of an accumulation Subpart D if in excess of $2,000 and not beneficiary’s gross income for that year distribution is deemed to have been made excepted under section 665(b) and the to the extent of the uiidistributed net in­ from the most recently accumulated in­ regulations thereunder. In the case of come of the trust for the preceding 5 come of the applicable trust. If the for­ a foreign trust created by a U.S. person, years. It is therefore necessary to de­ eign trust created by a U.S. person makes the distribution, regardless of the termine the extent to which there is un­ an accumulation distribution in any year amount, would qualify as an accumula­ distributed net income for the preceding after December 31, 1962, the distribution tion distribution for the purposes of 5 years. For this purpose, an accumula­ is included in the beneficiary’s gross in­ Subpart D. For the purposes only of tion distribution made in any taxable come for that year to the extent of the such Subpart D, the trust would be year is allocated to each of the 5 preced­ undistributed net income of the trust for treated as subject to the provisions of* ing taxable years in turn, beginning with the trust’s preceding taxable years which such Subpart C for the preceding taxable the most recent year, to the extent of the began after December 31, 1953, and year in which the extraordinary or tax­ undistributed net income of each of those ended after August 16, 1954. If the for­ able stock dividends were received and in years. Thus, an aecumulation distribu­ eign trust created by a person other than computing undistributed net income for tion is deemed to have been made from a U.S. person makes an accumulation such preceding year, the extraordinary the most recently accumulated income of distribution in any taxable year, the dis­ or taxable stock dividends would be in­ the trust. tribution is included in the beneficiary’s cluded in distributable net income under (2) If a foreign trust created by a gross income for that year to the extent section 643(a). The rule stated in the U.S. person makes an accumulation dis­ of the undistributed net income of the preceding sentence would also apply if tribution in any year after December 31, trust for the preceding 5 years. the distribution in the later year were 1962, the distribution is included in the (c) Paragraphs (a) and (b) of this made out of corpus without regard to a beneficiary’s gross income for that year section may be illustrated by the follow­ determination that the extraordinary to the extent of the undistributed net ing examples. dividends or taxable stock dividends in income of the trust for the trust’s preced­ Example (1) . In 1964, a domestic trust, question were currently distributable to ing taxable years which began after reporting on the calendar year basis, makes the beneficiary. December 31, 1953, and ended after an accumulation distribution of $25,000. In § 1.665(e)—2 Application of separate August 16,1954. It is therefore necessary 1963, the trust had $7,000 of undistributed to determine thè extent to which there net income; in 1962, none; in 1961, $ 1 2 ,0 0 0 ; share rule. in 1960, $4,000; in 1959, $4,000. The accumu­ * * * * * is undistributed net income for such pre­ ceding taxable years. For this purpose, lation distribution is deemed distributed P ar. 12. Section 1.666(a) is amended an accumulation distribution made in $7,000 in 1963, none in 1962, $12,000 in 1961, by revising section 666(a) and by adding $4,000 in 1960, and $2,000 in 1959. any taxable year is first allocated to each E xam ple (2). In 1964, a foreign trust a historical note. These amended and of such preceding taxable years in turn, created by a U.S. person, reporting on the added provisions read as follows: beginning with the most recent year, to calendar year basis, makes an accumulation § 1.666(a) Statutory provisions; excess the extent of the undistributed net in­ distribution of $50,000. In 1963, the trust had distributions by trusts; allocation of come of each of those years. Thus, an $12,000 of undistributed net income; in 1962, accumulation distribution is deemed to none; in 1961, $10,000; in 1960, $8,000; in accumulation distribution. 1959, $5,000; in 1958, $14,000; in 1957, none; S e c . 666. Accumulation distribution allo­ have been made from the most recently in 1956, $3,000; in 1955, $2,000; and in 1954, cated to 5 preceding years— (a ) A m o u n t a l­ accumulated income of the trust. $1,000. The accumulation distribution is located. In the case of a trust (other than (3) If a trust that is in part a foreign deemed distributed $12,000 in 1963, none in a foreign trust created by a U.S. person) trust created by a U.S. person and in part 1962, $10,000 in 1961, $8,000 in 1960, $5,000 in which for a taxable year beginning after a foreign trust created by a person other 1959, $14,000 in 1958, none in 1957, $1,000 in December 31, 1953, is subject to Subpart C, than a U.S. person makes an accumula­ 1956. the amount of the accumulation distribu­ tion distribution in any year after De­ E xam ple (3). A trust is created in 1952 tion of such trust for such taxable year shall under the laws of Country X by the transfer be deemed to be an amount within the mean­ cember 31, 1962, the distribution is to a trustee in Country X of money and prop­ ing of paragraph (2 ) of section 661(a) dis­ deemed made from the undistributed net erty by both a U.S. person and a person other tributed on the last day of each of the 5 income of the foreign trust created by a than a U.S. person. Both the trust and the preceding taxable years to the extent that U.S. person in the proportion that the only beneficiary of the trust (who is a U.S. such amount exceeds the total of any un­ total undistributed net income for all person) report their taxable income on a distributed net incomes for any taxable years preceding years of the foreign trust cre­ calendar year basis. On March 31, 1964, the intervening between the taxable year with trust makes an accumulation distribution of respect to which the accumulation distribu­ ated by the U.S. person bears to the total $150,000 to the U.S. beneficiary. The distrib­ tion is determined andi such preceding tax­ undistributed net income for all years utable net income of both the portion of the able year. The amount deemed to be distrib­ of the entire foreign trust. In addition, trust which is a foreign trust created by a uted in any such preceding taxable year un­ U.S. person and the portion of the trust der the preceding sentence shall not exceed such distribution is deemed made from which is a foreign trust created by a person the undistributed net income of such pre­ the undistributed net income of the for­ other than a U.S. person for each year is com­ ceding taxable year. For purposes of this eign trust created by a person other than puted in accordance with the provisions of

FEDERAL REGISTER, VOL. 34, NO. 12— FRIDAY, JANUARY 17, 1969 RULES AND REGULATIONS 737 paragraph (b)(3) of § 1.643 (d)-l and the ber 31, 1964, the undistributed net income 1965. Thus, of the $25,000 distribution made undistributed net income for each portion of for 1964 is determined to be $20,000, and that in 1965, the beneficiary is required to include the trust for each year is computed as de­ in accordance with the provisions of para­ a total of $ 2 1 ,0 0 0 in his gross Income for scribed in paragraph (b) of § 1.665(a) -1. For graph (b)(3) of § 1.643(d )-l and paragraph 1965. , (b) of § 1.665 (a)-1, $10,000 is allocated to the taxable years 1952 through 1963, the por­ * ' * * * * tion of the trust which is a foreign trust the portion of the trust which is a foreign created by a U.S. person and the portion of trust created by a U.S. person and $10,000 is P a r . 14. Section 1.668(a) is amended the trust which is a foreign trust created by a allocated to the portion of the trust which is by revising section 668(a) and by adding person other than a U.S. person had the a foreign trust created by a person other a historical note. These amended and following amounts of undistributed net than a U.S. person. On March 31, 1965, the added provisions read as follows: incom e: trust makes an accumulation distribution of $25,000 to the U.S. beneficiary. For the tax­ § 1.668(a) Statutory provisions; excess able years 1952 through 1964, the portion of distributions by trusts; treatment of Undistributed net Undistributed net the trust which is a foreign trust created by income—portion of income—portion of amounts deemed distributed in pre­ Year the trust created the trust created a U.S. person and the portion of the trust ceding taxable years; amounts by a U.S. person by a person other which is a foreign trust created by a person treated as received in prior taxable than a U.S. person other than a U.S. person had the following years. amounts of undistributed net income: S e c . 668. Treatment of amounts deemed $10,000 1963...... $20,0C0 distributed in preceding years— (a ) A m ou n ts 1962.______^ 25,000 12,000 1961...... H None None Undistributed Undistributed net treated as received in prior taxable years. 1960.__ __ _ 16,000 9,000 net income— income—portion of The total of the amounts which are treated 8,000 Year portion of the the trust created by 1959______17,000 under section 6 6 6 as having been distributed 4,000 2,000 trust created by a person other than a 1958______by the trust in a preceding taxable year shall 1957...... « 4 None None a U.S. person U.S. person 1 9 56.. ______8,000 3,000 be included in the income of a beneficiary or 1955___ 11,000 5,000 beneficiaries of the trust when paid, credited, 1964...... $1 0 ,0 00 $1 0 ,0 00 1954...... None None or required to be distributed to the extent 1953...... 12,000 7,000 1963...... None None 1952______7,000 4,000 1962...... None None that such total would have been included 1961______None None in the income of such beneficiary or bene­ Totals___ 120,000 6ft 000 I960...... None None 1959...... None None ficiaries under section 662 (a) ( 2 ) and (b) if 1958...... None None such total had been paid to such beneficiary The accumulation distribution in the amount 1957...... None None or beneficiaries on the last day of such pre­ of $150,000 is deemed to have been distributed 1956...... None None ceding taxable year. The portion of such 1955— ...... 1 ,0 0 0 None in the amount of $ 1 0 0 , 0 0 0 (120,000/180,000 1954...... None None total included under the preceding sentence X $150,000) from the portion of the trust 1953...... 1 2 ,0 00 6 ,0 0 0 in the income of any beneficiary shall be which is a foreign trust created by a U.S. per­ 1952...... 7,000 4,000 based upon the same ratio as determined under the second sentence of section 662(a) son, and in the amount of $50,000 (60,000/ T otals.. 30,000 2 0 ,0 0 0 180,000 X $150,000) from the portion of the ( 2 ) for the taxable year in respect of which trust which is a foreign trust created by a the accumulation distribution is determined, person other than a U.S. person computed as The accumulation distribution is deemed to except that proper adjustment of such ratio follow s: have been distributed in the amount of shall be made, in accordance with regula­ $15,000 (30,000/50,000 x $25,000), from the tions prescribed by the Secretary or his dele­ portion of the trust which is a foreign trust gate, for amounts which fall within para­ Throwback to Throwback to preced­ created by a U.S. person, and in the amount graphs (1) through (4) of section 665(b). preceding years ing years of portion of of $10,000 (20,000/50,000 x $25,000) from the Year of foreign trust the entire foreign trust The tax of the beneficiaries attributable to created by U.S. which is not a foreign portion of the trust which is a foreign trust the amounts treated as having been received person trust created by a U.S. created by a person other than a U.S. person on the last day of such preceding taxable person computed as follows: year of the trust shall not be greater than the aggregate of the taxes attributable to 1963...... $2 0 ,0 0 0 $1 0 ,0 00 Throwback to Throwback to preced­ those amounts had they been included in 1 9 6 2 .___ 25,000 1 2 ,0 0 0 preceding years ing years of portion of the gross income of the beneficiaries on such 1961...... None None I960.-__ Year of foreign trust the entire foreign day in accordance with section 662 (a) ( 2 ) 16,000 9,000 created by UJ3. trust which is not a 1959.... 17,000 8 .0 0 0 and (b). Except as provided in section 669, 1958__ person foreign trust created 4,000 2 ,0 0 0 by a U.S. person in the case of a foreign trust created by a 1957...... None None U.S. person the preceding sentence shall not 1956...... 8 ,0 0 0 3,000 apply to any beneficiary who is a U.S. person. 1955... 1 0 ,0 00 5,000 1954...... None None 1964...... $1 0 ,0 00 $1 0 ,0 0 0 1963...... None None [S ec. 6 6 8 (a) as amended by sec. 7(d), Rev. 1953____ None 1 ,0 0 0 1952..... 1962...... None None Act 1962 ( 76 Stat. 986) ] None None 1961...... None None 1960...... None None Totals.. 1 00,000 P a r . 15. Section 1.668 (a)-4 is amended 50,000 1959...... None None 1958______None None by revising so much of paragraph (a) as 1957...... None None precedes subparagraph (1) thereof to Pursuant to paragraph (a) (3) of this section, 1956...... None None the accumulation distribution in the amount 1955...... 1 ,0 0 0 None read asTollows: of $ 1 0 0 ,0 0 0 from the portion of the trust 1954...... None None which is a foreign trust created by a U.S. 1953...... 4,000 None § 1.668(a)—4 Tax attributable to throw­ person is included in the beneficiary’s gross 1952...... None None back. income for 1964, as this amount represents T otals.. 15,000 1 0 ,0 0 0 (a) The tax attributable to amounts undistributed net income of the trust for deemed distributed under section 666 is the trust’s preceding taxable years which began after December 31, 1953, and ended Pursuant to paragraph (a) (3) of this section, imposed on the beneficiary for the tax­ af ter August 16, 1954. The accumulation dis­ o n ly $ 1 1 ,0 0 0 of the accumulation distribution able year of the beneficiary in which the tribution in the amount of $50,000 from the in the amount of $15,000 from the portion accumulation distribution is made unless portion of the trust which is a foreign trust of the trust which is a foreign trust created the taxable year of the beneficiary is created by a person other than a U.S. person by a U.S. person is includible in the benefi­ different from that of the trust (see sec­ is included in the beneficiary’s gross income ciary’s gross income for 1965 as the $11,000 amount represents undistributed net income tion 662(c) and the regulations there­ for 1964 to the extent of the undistributed under). In the case of a trust (other net income of the trust for the preceding of the trust for the trust’s preceding taxable 5 years. Accordingly, with respect to the por­ years which began after December 31, 1953, than a foreign trust created by a U.S. tion of the trust which is a foreign trust and ended after August 16, 1954. The ac­ person), the tax cannot be greater than created by a person other than a U.S. person cumulation distribution in the amount of the aggregate of the taxes attributable only the undistributed net income for the $ 1 0 ,0 0 0 from the portion of the trust which to those amounts had they been included, years 1959 through 1963 which totals $39,000 is a foreign trust created by a person other in accordance with the provisions of sec­ is includible in the beneficiary’s gross income than a U.S. person is included in the bene­ ficiary’s gross income for 1965 to the extent tion 662 (a) (2) and (b), in the gross in­ for 1964. Thus, of the $150,000 distribution come of the beneficiary for the preceding niade in 1964, the beneficiary is required to of the undistributed net income of the trust nclude a total of $139,000 in his gross in­ for the preceding 5 years. Accordingly, the taxable year or years in which they were come for 1964. e n tir e $ 1 0 ,0 0 0 (representing the undistrib­ deemed distributed. In the case of a for­ Example (4) . Assume the same facts as in uted net income for the year 1964) is includ­ eign trust created by a U.S. person, the example (3) and, in addition, that by Decem­ ible in the beneficiary’s gross income for tax on the beneficiary shall be computed

FEDERAL REGISTER, VOL. 34, NO. 12— FRIDAY, JANUARY 17, 1969 738 RULES AND REGULATIONS in accordance with the provisions of sec­ gard to the inclusion in income required by required to be distributed, and tax for I £ tion 669 ahd the regulations thereunder. s e c tio n 6 6 8 (a) of any amount other than such year will be computed on the basis I ^ The tax liability of the beneficiary of pursuant to paragraph ( 1 ) ( B ) . of the beneficiary’s total taxable income I r a trust (other than a foreign trust cre­ (3 ) Effect of prior election. In computing the limitation on tax under paragraph ( 1 ) for the year after taking into account I ated by a U.S. person), including the of this subsection for any beneficiary— such inclusion in gross income. portion of an entire foreign trust which (A ) Subsequent election under paragraph (c) Year for which tax is payable. The I does not constitute a foreign trust cre­ (1) (A). If an election has been made under tax, regardless of the manner in which I ated by a U.S. person (see § 1.643(d )-l), paragraph (1) (B) of this subsection, for pur­ computed, of the beneficiary which is at- I r for the taxable year is computed in the poses of a subsequent election under para­ tributable to an accumulation distribu- ] following manner: graph (1) (A) the income of any year with tion is imposed on the beneficiary for the I * * * * * respect to which an amount is deemed dis­ tributed to a beneficiary under section 6 6 6 taxable year of the beneficiary in which I 0 P a r . 16. Section 1.668(b)-2 is amended (a) shall include amounts previously deemed the accumulation distribution is made to I c by revising so much thereof as precedes distributed to such beneficiary for such year him unless the taxable year of the bene- I * the example to read as follows: as a result of an accumulation distribution ficiary is different from that of the trust. with respect to which an election under para­ See section 662(c) and § 1.662(c)-1. I 1 § 1.668(b)—2 Illustration of the provi­ graph (1) (B) was made. sions o f Subpart D. (B ) Subsequent election under paragraph § 1 .6 6 9 (a )—2 Rules applicable to sec- I | tion 669 computations. I . The provisions of Subpart D (section (1) (B). If with respect to an accumulation 665 and following), Part I, Subchapter J, distribution an election has been made under (a) In general. (1) Section 668(a) I < either paragraph (l)'(A) or paragraph ( 1 ) Chapter 1 of the Code, other than provi­ provides that the total of the amounts I 1 (B) of this subsection, or the next to the last treated under section 666 as having been I < sions relating to a foreign trust created sentence of section 6 6 8 (a) has applied, for by a U.S. person, may be illustrated by purposes of a subsequent election under distributed by the foreign trust created the following example: paragraph (1)(B) the number of preceding by a U.S. person on the last day of a pre­ * * * * * taxable years of the trust with respect to ceding taxable year of such trust shall which an amount is deemed distributed to a be included in the gross income of the P a r . 17. Immediately after § 1.668 benefiiciary under section 6 6 6 (a) shall be de­ beneficiary or the beneficiaries who are Ob) -2, there are added the following new termined without regard to any such year U.S. persons receiving them. The total of sections: with respect to which an amount was previ­ such amounts is includible in the gross ously deemed distributed to such beneficiary. § 1.669(a) Statutory provisions; special income of each beneficiary to the extent ! rules applicable to certain foreign [Sec. 669(a) as added by sec. 7(e), Rev. Act the amount would have been included in | trusts; limitation on tax. 1962 (76 Stat. 986) ] his gross income under section 662(a) (2) S e c . 669. Special rules applicable to cer­ § 1.669(a)—1 Limitation on tax. and (b) if the total had actually been paid by the trust on the last day of such tain foreign trusts — (a ) Limitation on tax — (a) In general. Section 669 provides (1 ) General rule. At the election of a bene­ preceding taxable year. The total is in­ ficiary who is a U.S. person (as defined in that, at the election of a beneficiary who cluded in the gross income of the bene­ section 7701 (a) (30)) and who satisfies the is a U.S. person (as defined in section ficiary for the taxable year of the bene­ requirements of subsection (b), the tax at­ 7701(a) (30)) and who satisfies the re­ ficiary in which such amounts are in tributable to the amounts treated under sec­ quirements of section 669(b) (that cer­ fact paid, credited, or required to be dis­ t io n 6 6 8 (a) as having been received by him tain information with respect to the from a foreign trust created by a U.S. person tributed unless the taxable year of the operation and accounts of the trust be beneficiary differs from the taxable year on the last day of a preceding taxable year supplied), the tax attributable to the of the trust shall not be greater than— of the trust (see section 662(c) and (A) The tax determined under the* next amounts treated under section 668(a) as § 1.662(c)-l). The character of the to the last sentence of section 6 6 8 ( a ) , or having been received by him, from a amounts treated as received by a bene­ (B) The tax determined by multiplying by foreign trust created by a U.S. persofi, on ficiary in prior taxable years, including the number of preceding taxable years of the the last day of a preceding taxable year taxes deemed distributed, in the hands trust, on the last day of each of which an of the trust shall not be greater than the of the beneficiary is determined by the amount is deemed under section 6 6 6 (a ) to tax computed under section 669(a) (1) rules contained in section 662(b) and have been distributed, the average of the in­ (A) (the computation under this provi­ crease in tax attributable to recomputing the §§ 1.662 (b )-l and 1.662 Ob)-2. sion will hereinafter be referred to as the (2) The total of the amounts treated beneficiary’s gross income for the taxable “exact throwback” method) or under year and each of his 2 taxable years imme­ under section 666 as having been distrib­ diately preceding the year of the accumula­ section 669(a) (1}(B) (the computation uted by the trust on the last day of a tion distribution by adding tp the income of under this provision will hereinafter be preceding taxable year of the trust are each of such years an amount determined by referred to as the “short-cut throwback” included as prescribed in subparagraph dividing the amount required to be included method). This election of the benefici­ (1) of this paragraph in the gross in­ in income under section 6 6 8 (a) by such num­ ary with respect to the taxable year of come of the beneficiary even though as ber of preceding taxable years of the trust. the beneficiary in which the distribution The recomputation for the taxable year shall of that day the beneficiary would not is made shall be made with the district have been entitled to receive them had be made without regard to the inclusion in director before the expiration of the income required by section 6 6 8 (a ) o f a n y they actually been distributed on that amount other than pursuant to this para­ period of limitations for assessment pro­ day. g rap h . vided in section 6501 for such taxable (3) Any deduction allowed to the trust (2 ) Exceptions. (A) When an accumula­ year. in computing distributable net income tion distribution is deemed under section Cb) Where no election is made. If the for a preceding taxable year (such as 6 6 6 (a) to have been distributed on the last beneficiary does not make the election depreciation, depletion, etc.) is not ■ day of less than 3 taxable years of the trust, provided in section 669(a) in the manner the taxable years of the beneficiary for which deemed allocable to a beneficiary be­ a recomputation is made under subsection required in section 669(b) and § 1.669 cause of the amounts included in a bene­ (a) (1) (B) shall equal the number of years to (b) -2, or furnish the information with ficiary’s gross income under this section which section 6 6 6 (a) applies, commencing respect to the operation and accounts of since the deduction has already been with the most recent taxable year of the the foreign trust created by a U.S. person utilized in reducing the amount included beneficiary. required by section 669(b) and § 1.669 in the beneficiary’s income. (B) If a beneficiary was not alive on the (b)-l, the tax on an accumulation distri­ (b) Allocation among beneficiaries of last day of each preceding taxable year of bution treated under section 668(a) as a foreign trust. Where there is more the trust with respect to which a distribution having been received by him from such than one beneficiary the portion of the is deemed made under section 6 6 6 (a ) , p ara­ foreign trust on the last day of a preced­ graph (1) (A) of this subsection shall not total amount includible in gross income apply. In applying paragraph (1) (B) of this ing taxable year of the trust shall be under paragraph (a) of this section subsection, no recomputation shall be made computed without reference to section which is includible in the gross income for a beneficiary for a taxable year for which 668 or 669. In such case, the entire ac­ of a beneficiary who is a U.S. person is he was not alive; if he has no preceding tax­ cumulation distribution will be included based upon the ratio determined under able year, the recomputation shall be made in the gross income of the beneficiary in the second sentence of section 662(a) (2) on the basis of his taxable year without re- the year in which it is paid, credited, or for the taxable year in w h ich distributed

FEDERAL REGISTER, VOL. 34, NO. 12— FRIDAY, JANUARY 17, 1969 RULES AND REGULATIONS 739

(and not for the preceding taxable year). tion. The beneficiary may not elect to taxable year was computed by the short­ This paragraph may be illustrated by use the exact throwback method of com­ cut throwback method provided in sec­ the example in § 1.668 (a)-2. puting, his tax on an accumulation dis­ tion 669(a)(1)(B) and § 1.669(a)-4. (c) Treatment of income taxes paid by tribution as provided in section 669(a) § 1.669(a)—4 Tax attributable to short­ the trust—(1) Current distributions. The (1) (A) if he were not alive on the last cut throwback method. income taxes imposed by the provisions day of each preceding taxable year of the of section 871 on the income of a foreign foreign trust created by a U.S. person (a) Manner of computing tax. If a trust created by a U.S. person shall be with respect to which a distribution is beneficiary has elected under section included in the gross income of the bene­ deemed made under section 666(a). 669(a) to compute the tax on the ficiary, who is a U.S. person, for the tax­ Thus, if a portion of an amount received amounts deemed distributed under sec­ able year in which such income is paid, as an accumulation distribution was ac­ tion 666 by the short-cut throwback cumulated by the trust during years be­ method provided in section 669(a) (1) credited, or required to be distributed to (B), the tax liability of the beneficiary the beneficiary. fore the beneficiary was bom, the bene­ (2) Accumulation distribution, (i) If ficiary is not permitted to elect the exact for the taxable year is computed in the an accumulation distribution is deemed throwback method provided in section following manner: under § 1.666(a)-l to be distributed on 669(a)(1)(A). See § 1.669(a)-4 for the (1) First, determine the number of the last day of a preceding taxable year computation of the tax on am accu­ preceding taxable years of the trust, on and the amount is not less than the un­ mulation distribution by the short-cut the last day of which an amount is distributed net income for such preceding throwback method provided in section deemed under section 666(a) to have taxable year, then an additional amount 669(a) (1) (B) under these circumstances. been distributed. In any case where there equal to the taxes imposed on the trust (b) Computation of tax. The tax re­ has been a prior accumulation distribu­ pursuant to the provisions of section 871 ferred to in paragraph (a) of this section tion with respect to which the bene­ for such preceding taxable year is like­ is computed as follows: ficiary has elected to compute his tax (1) First, compute the tax attributable either by the exact throwback method or wise deemed distributed under section by the short-cut throwback method, or 661(a)(2). to the section 666 amounts for each of (ii) If an accumulation distribution is the preceding taxable years. To deter­ to which the next to the last sentence of deemed under § 1.666(a)-l to be distrib­ mine the section 666 amounts attribut­ section 668(a) has applied, for purposes uted on the last day of a preceding tax­ able to each of the preceding taxable of an election to use the short-cut throw­ able year and the amount is less than the years, see § 1.666 (a)-1. The tax at­ back method with respect to a subse­ undistributed net income for such pre­ tributable to such amounts in each such quent accumulation distribution, in de­ ceding taxable year, then an additional preceding taxable year is the difference termining the number of preceding tax­ amount (representing taxes) is likewise between the tax for such preceding tax­ able years of the trust with respect to deemed distributed under section 661(a) able year computed with the inclusion which an amount of the subsequent ac­ of the section 666 amounts in gross in­ cumulation distribution is deemed dis­ (2). The additional amount is equal to tributed to a beneficiary under section the taxes imposed on the trust pursuant come, and the tax for such year com­ to the provisions of section 871 for such puted without including them in gross 666(a), there shall be excluded any preceding taxable year, multiplied by the income. Tax computations for each preceding taxable year during which any fraction the numerator of which is the preceding year shall reflect the taxpayer’s part of the prior accumulation distribu­ marital and dependency status for that tion was deemed distributed to the bene­ amount of the accumulation distribution ficiary. For example, assume that an attributable to such preceding taxable year. (2) Second, add accumulation distribution of $90,000 year and the denominator of which is the made to a beneficiary in 1963 is deemed undistributed net income for such pre­ (i) The sum of the taxes for the pre­ distributed in the amounts of $25,000 in ceding taxable year. ceding taxable years attributable to the each of the years 1962, 1961, and 1960, (3) Credits under sections 32 and section 666 amounts (computed in ac­ and in the amount of $15,000 in 1959, 668(b). Credit under section 32 is allow­ cordance with subparagraph (1) of this and a subsequent accumulation distribu­ able to the beneficiary for income taxes paragraph), and tion of $85,000 made to the same bene­ withheld at source under subchapters A (ii) The tax for the taxable year of the ficiary in 1964 is deemed distributed in and B of chapter 3 and which are deemed beneficiary in which the accumulation the amount of $10,000 during 1959, and distributed to him. Credit under section distribution is paid, credited, or required $25,000 during each of the years 1958, 668(b) is allowable to the beneficiary for to be distributed to him, computed with­ 1957, and 1956. The accumulation dis­ income taxes imposed upon the foreign out including the section 666 amounts tribution made in 1963 is deemed dis­ trust by section 871(b). These credits in gross income. tributed in 4 preceding taxable years of shall be allowed against the tax of the The total of these amounts is the bene­ the trust (1962, 1961, 1960, and 1959). beneficiary for the taxable year of the Inasmuch as the year 1959 was a year beneficiary in which the income is paid, ficiary’s tax, computed under section 669(a) (1) (A) for the taxable year in during which part of the 1963 accumula­ credited, or required to be distributed to tion distribution was deemed distributed, him, or in which the accumulation dis­ which the accumulation distribution is paid, credited, or required to be dis­ for purposes of determining the number tribution to which such taxes relate is of preceding taxable years in which the made to him. tributed to him. (c) Effect of prior election. In com­ accumulation distribution of $85,000 (d) Credit for foreign income taxes made in 1964 is deemed distributed, the Paid by the trust. To the extent pro­ puting the tax attributable to an accu­ mulation distribution for the taxable year 1959 is excluded and the $85,000 vided in section 901, credit under section accumulation distribution is deemed 33 is allowable to the beneficiary for the year in which such accumulation dis­ tribution is paid, credited, or required to distributed in three preceding taxable foreign taxes paid or accrued by the trust years (1958, 1957, and 1956), to a foreign country. be distributed to him, the beneficiary in computing the tax attributable to sec­ (2) Second, divide the number of pre­ § 1.669(a)—3 Tax computed by the exact tion 666 amounts for each of the preced­ ceding taxable years of the trust, on the throwback method. ing taxable years, must include in his last day of which an amount is deemed (a) Tax attributable to amounts gross income for each such year the sec­ under section 666(a) to have been dis­ treated as received in preceding taxable tion 666 amounts deemed distributed to tributed (determined as provided in sub- years. If a taxpayer elects to compute him in such year resulting from prior paragraph (1) of this paragraph) into the tax, on amounts deemed distributed accumulation distributions made to him the amount (representing an accumula­ under section 666, by the exact throw­ in taxable years prior to the current tion distribution made by a foreign trust back method provided in section 669(a) taxable year. These section 666 amounts created by a U.S. person) required to be (1)(A), the tax liability of the benefici­ resulting from such prior accumulation included under section 668(a) in the ary for the taxable year in which the ac­ distributions must be included in the gross income of the beneficiary for the cumulation distribution is paid, credited, gross income for such preceding taxable taxable year, or required to be distributed Is computed year even though the tax on the accu­ (3) Third, compute the tax of the as provided in paragraph (b) of this sec­ mulation distribution of such prior beneficiary for the current taxable year

FEDERAL REGISTER, VOL. 34, NO. 12— FRIDAY, JANUARY 17t 1969 740 RULES AND REGULATIONS

(the year in which the accumulation the accumulation distribution is paid, in which the taxpayer files his return (or distribution is paid, credited, or required credited, or required to be distributed and the Director of International Operations to be distributed to him) and for each then divide this amount by three (or two, where appropriate), or in a statement of the 2 taxable years immediately pre­ where applicable). The resulting amount attached to his return, the following in­ ceding such year, is then multiplied by the number of pre­ formation with respect to the operation (i) With the inclusion in gross income ceding taxable years of the trust on the and accounts of the foreign trust created of the beneficiary for each of such 3 last day of which an amount is deemed by a U.S. person for each of the preced­ years of the amount determined under under section 666(a) to have been dis­ ing taxable years, cm the last day of subparagraph (2) of this paragraph, and tributed (previously determined under which an amount is deemed distributed (ii) Without such inclusion. subparagraph (1) of this paragraph). under section 666(a): The difference between the amount of The resulting amount is the tax, under (a) The gross income of the trust: tax computed under subdivision (i) of the short-cut throwback method pro­ The gross income should be separated to this subparagraph for each year and the vided in section 669(a) (1) (B), which is show the amount of each type of income amount computed under subdivision (ii) attributable to the amounts treated un­ received by the trust and to identify its of this subparagraph for that year is the der section 668(a) as having been re­ source. For example, the beneficiary additional tax resulting from the in­ ceived by the beneficiary from a foreign should list separately, by type (dividends, clusion in gross income for that year of trust created by a U.S. person on the rents, capital gains, taxable interest, ex­ the amount determined under subpara­ last day of a preceding taxable year. empt interest, etc.) and source (name graph (2) of this paragraph. If the (5) Fifth, add the amount determinedand country of payor), each item of in­ number of preceding taxable years of the under subparagraph (4) of this para­ come included in the gross income of the trust, on the last day of which an amount graph to the beneficiary’s tax for the trust. For this purpose, the gross in­ is deemed under section 666(a) to have taxable year in which the accumulation come of the trust includes gross income been distributed, is less than three, the distribution was paid, credited, or re­ from U.S. sources which is exempt from taxable years of the beneficiary for which quired to be distributed to him, computed taxation under section 894. this recomputation is made shall equal without inclusion of the accumulation (b) The amount of tax withheld under the number of years in which an amount distribution in gross income for that section 1441 by the United States on in­ is deemed under section 666(a) to have year. The total is the beneficiary’s in­ come from sources within the United been distributed, commencing with the come tax for such year. States. taxable year of the beneficiary in which (b) Credit for tax paid by trust. The (c) The amount of the tax paid to the accumulation distribution is paid, income taxes deemed distributed to a each foreign country by the trust. credited, or required to be distributed to beneficiary in the manner described in (d) The expenses of the trust attrib­ him. If tiie beneficiary was not alive paragraphs (c) and (d) of § 1.669 (a)-2 utable to each type of income disclosed during one of the two taxable years im­ are included in the beneficiary’s gross in­ in paragraph (b) of this section, and the mediately preceding the taxable year, come for purposes of the computations general expenses of the trust. the tax resulting from the inclusion of required by this section. To the extent (e) The distributions, if any, made by the amount determined in subparagraph provided in § 1.669(a)-2, credits for such the trust to the beneficiaries (including (2) of this paragraph in the gross income taxes are allowable to the beneficiary. those who are not U.S. persons). These of the beneficiary will be computed only In the computations under the short-cut distributions should be separated into for the taxable year in which the ac­ throwback method provided in section amounts of income required to be dis­ cumulation distribution was paid, cred­ 669(a) (1) (B ), the rules set forth in sec­ tributed currently within the meaning of ited, or required to be distributed to him tion 662(b) and § 1.662(b)-1 shall be ap­ section 661(a)(1), and any other and the preceding year during which the plied in determining the character, in amounts properly paid, credited, or re­ beneficiary was alive. In the event the the hands of the beneficiary, of the quired to be distributed within the mean­ beneficiary was not alive during either amounts, including taxes includible in ing of section 661 (a) (2). of the 2 years immediately preceding the the distribution or deemed distributed, (f) Any other information which is taxable year in which the accumulation treated as feceived by a beneficiary in necessary for the computation of tax on distribution was paid, credited, or re­ prior taxable years. For example, if one- .the accumulation distribution as pro­ quired to be distributed, the tax shall be fifth of such amounts represents tax-free vided in section 669(a). computed on the basis of the beneficiary’s income, then one-fifth of the amount (g) If the foreign trust created by a taxable year without regard to the in­ determined under paragraph (a) (2) of U.S. person is less than the entire foreign clusion in income required by section this section shall be treated as tax-free trust, the information listed in para­ 668(a) of any amount other than pur­ income. graphs (a) through (f) of this section suant to section 669(a)(1)(B). For § 1.669 (b) Statutory provisions; special shall also be furnished with respect to example, assume that a foreign trust rules applicable to certain foreign that portion of the entire foreign trust created by a U.S. person accumulates trusts; information requirements. which is not a foreign trust created by $3,000 of income in 1964 and $7,000 in S ec. 669. Special rules applicable to cer­ aUJS. person. 1963 and then distributes the accumu­ tain foreign trusts * * * lated income on January 1, 1965, to a § 1.669 (b)-2 Manner o f exercising elec- (b ) Information requirement. T h e elec­ tion. beneficiary who is a U.S. person. The tion of a beneficiary to apply the limitations limitation on tax is determined by re­ on tax provided in subsection (a) of this sec­ (a) By whom election is to be made. computing the beneficiary’s gross income tion shall not be effective unless the bene­ Except as otherwise provided in this for 1964 and 1965 by adding $5,000 to his ficiary at the time of making the election paragraph, a taxpayer whose tax liabil­ gross income for each year. If the same supplies such information with respect to the ity is affected by the election shall make operation and accounts of the trust; for each distribution were made to an infant who taxable year on the last day of which an the election provided in section 669(a). was bom in 1965, the limitation on tax amount is deemed distributed under section In the case of a partnership, or a cor­ would be computed by adding $5,000 to 6 6 6 (a), as the Secretary or his delegate may poration electing under the provisions of his gross income for such year. In the by regulations prescribe. Subchapter S, Chapter 1 of the Code, the election shall be exercised by the part­ case of the infant, the resulting increase ISec. 669(b) as added by sec. 7(e), Rev. Act in tax would be multiplied by two to ar­ 1962 (76 Stat. 986)) nership or such corporation. rive at the limitation on the increase in (b) Time and manner of making elec­ his tax for 1965 attributable to such § 1.669(b)—1 Information requirements. tion. The election under section 669(a) distribution. The election of a beneficiary who is a may be made, or revoked, at any time (4) Fourth, add the additional taxesU.S. person to apply the limitations on before the expiration of the period pro­ resulting from the application of sub­ tax provided in section 669(a) shall not vided in section 6501 for assessment ox paragraph (3) of this paragraph for the be effective unless the beneficiary, at or the tax. If an election is revoked, a new taxable year and the 2 taxable years (or before the time the election is made, sup­ election may be made at any time before the 1 taxable year, where applicable) plies, in a letter addressed to the district the expiration of such period, 'pie elec­ immediately preceding the year in which director for the internal revenue district tion (or a revocation of an election) may

FEDERAL REGISTER, VOL. 34, NO. 12— FRIDAY, JANUARY 17, 1969 RULES AND REGULATIONS 741 be made in a letter addressed to the dis­ E xam ple. Assume that under the terms the trust are $3,032. During the taxable trict director of internal revenue for the of the trust, $ 1 0 ,0 0 0 of Income is required to year 1955, an accumulation distribution district in which the taxpayer files his be distributed currently to A and the trustee of $8,000 is made to the beneficiary, has discretion to make additional distribu­ tax return (or the Director of Interna­ tions to A. During the taxable year 1954 the which is deemed under § 1.666(a)-1 to tional Operations where appropriate) or trust had distributable net income of $30,100 have been distributed on the last day of may be made in a statement attached to derived from royalties and the trustee made 1954. The taxes imposed on the trust for the return. In any case where all the distributions of $20,000 to A. The taxable 1954 of $3,032 are also deemed to have information described in § 1.669(b)-1 income of the trust is $ 1 0 ,0 0 0 on which a been distributed on the last day of 1954 is not furnished at or before the time the tax of $2,640 is paid. The undistributed net since the 1955 accumulation distribution beneficiary signifies his intention of mak­ income of the trust as of the close of the is not less than the 1954 undistributed taxable year 1954 is $7,460 computed as ing an election and by reason thereof an fo llo w s : net income. Thus, a total of $11,032 will election has not been made, and subse­ be deemed to have been distributed on quent thereto, but before the expiration D istr ib u ta b le n e t in c o m e ______$30, 100 the last, day of 1954 because of the ac­ of the period provided in section 6501 for L ess: cumulation distribution of $8,000 made Income currently dis­ in 1955. the assessment of the tax, there is fur­ tributable to A______$10, 000 nished the required information not Other amounts distrib­ * * * * * , previously furnished, the election will be u te d to A ______1 0 ,0 0 0 P ar. 23. Paragraph (a) of § 1.666(c)-l considered as made at the time such Taxes imposed on the is amended to read as follows: additional information is furnished. trust (see § 1.665(d)- P ar. 18. S e c tio n 1.643 ( a ) -4 is a m e n d e d 1) ------2 ,6 4 0 § 1.666(c)—1 Pro rata portion of taxes to read as follows: deemed distributed. 22, 640 § 1.643(a)—4 Extraordinary dividends (a) If an accumulation distribution is and taxable stock dividends. Undistributed net income ____ 7, 460 deemed under § 1.666 (a)-1 to be distrib­ uted on the last day of a preceding tax­ In the case solely of a trust which See also paragraphs (e)(1) and (f)(1) of able year and the amount is less than the qualifies under subpart B (section 651 § 1 .6 6 8 ( b ) - 2 for additional illustrations of the application of the rule in this paragraph undistributed net income for such pre­ and following) as a “simple trust”, there to the first year of a trust in which income ceding taxable year, then an additional are excluded from distributable net in­ is accumulated. amount is likewise deemed distributed come extraordinary dividends (whether * * * * * . under section 661(a) (2). The additional paid in cash or in kind) or taxable stock amount is equal to the taxes imposed on dividends which are not distributed or P ar. 21. Paragraph (b) of § 1.665(e)-2 the trust, as defined in § 1.665 (d )-l, for credited to a beneficiary because the is amended to read as follows: such preceding taxable year, multiplied fiduciary in good faith determines that § 1.665(e)—2 Application of separate by the fraction of which the numerator under the terms of the governing instru­ share rule. is the amount of the accumulation dis­ ment and applicable local law such divi­ * * * * * tribution and the denominator is the un­ dends are allocable to corpus. See section distributed net income for such preced­ 665(e) and paragraph (b) of § 1.665 (e )-l (b) The taxes so determined for eaching taxable year. See paragraph (b) of for the treatment of such dividends upon separate share are then reduced by that example (1) and paragraphs (c) and (f) subsequent distribution. portion of the credits against tax allow­ able to the trust under section 642(a) in of example (2) in § 1.666(c)-2, and para­ Par. 19. Section 1.643(b)-2 is amended graph (f)(2) of § 1.668(b)-2 for illus­ computing the “taxes imposed on the trations of this paragraph. to read as follows: trust” which bear the same relation to § 1.643(b)—2 Dividends allocated to the total that the items of income allo­ ***** corpus. cable to the separate share with respect P a r . 24. Paragraph (a) of § 1.667-1 is amended to read as follows: Extraordinary dividends or taxable to which the credit is allowed bear to the stock dividends which the fiduciary, act­ total of such items of the trust. The § 1.667—1 Denial of refund to trusts. amount of taxes imposed on the trust ing in good faith, determines to be al­ (a) If an amount is deemed under lowable to corpus under the terms of the allocable to a separate share as so de­ termined is then reduced by the amount section 666 to be an amount paid, cred­ governing instrument and applicable ited, or required to be distributed on local law are not considered “income” of the taxes allowed under sections 667 and 668 as a credit to a beneficiary of the last day of a preceding taxable year, for purposes of subpart A, B, C, or D, the trust is not allowed a refund or part I, subchapter J, chapter 1 of the the separate share on account of any accumulation distribution determined for credit of the amount of “taxes imposed Code. See section 643(a) (4), § 1.643(a)- on the trust”, as defined in § 1.665 (d) —1, 4, § 1.643(d)-2, section 665(e) and para­ any taxable year intervening between the year for which the determination is which would not have been payable for graph (b) of § 1.665 (e )-l for the treat­ the preceding taxable year had the trust ment of such items in the computation of made and the year of an accumulation distribution with respect to which the in fact made such distribution on the distributable net income. determination is made. See paragraph last day of such year. However, such P ar. 20. Paragraph (a) of § 1.665 (a)-1 (b) of § 1.665(d )-l. taxes are allowed as a credit under sec­ is amended to read as follows: P a r . 22. Paragraph (a) of § 1.666 (b) —1 tion 668(b) against the tax of the bene­ § 1.665(a)—1 Undistributed net income. is amended to read as follows: ficiaries who are treated as having re­ ceived the distributions in the preceding (a) The term “undistributed net in­§ 1.666(b)—1 Total taxes deemed dis­ taxable year. The amount of taxes which come” means for any taxable year the tributed. may not be refunded or credited to the distributable net income of the trust for (a) If an accumulation distribution istrust under this paragraph and which that year as determined under section deemed under § 1.666 (a)-1 to be distrib­ are allowed as a credit under section 643(a), less: uted on the last day of a preceding tax­ 668(b) against the tax of the benefi­ (1) The amount of income required to able year and the amount is not less than ciaries, is an amount equal to the excess be distributed currently and any other the undistributed net income for such of: amounts properly paid or credited or re­ preceding taxable year, then an addi­ (1) The taxes imposed on the trust quired to be distributed to beneficiaries tional amount equal to the “taxes im­ (as defined in section 665(d) and in the taxable year as specified in para­ posed on the trust” (as defined in § 1.655(d)-l) for any preceding taxable graphs (1) and (2) of section 661(a), and § 1.665(d )-l) for such preceding taxable year (computed without regard to the (2) The amount of taxes imposed on year is likewise deemed distributed under accumulation distribution for the taxa­ the trust, as defined in § 1.665 (d )-l. section 661(a) (2). For example, a trust ble year) over The application of the rule in this has taxable income of $11,032 (not in­ (2) The amount of taxes for such pre­ paragraph to the first year of a trust in cluding any capital gains) and undis­ ceding taxable year which would be im­ which income is accumulated may be tributed net income of $8,000 for the posed on the undistributed portion of illustrated by the following example: taxable year 1954. The taxes imposed on distributable net income of the trust for

FEDERAL REGISTER, VOL. 34, NO. 12— FRIDAY, JANUARY 17, 1969 742 RULES AND REGULATIONS such preceding taxable year after the In order to conform the Income Tax chase of educational services providing application of subpart D (section 665 and Regulations (26 CFR Part 1) under sec­ for payment of part or all of the pur­ following), part I, subchapter J, chapter tion 163 of the Internal Revenue Code chase price in installments and there 1 of the Code, on account of the accumu­ of 1954 to section 224(c) of the Revenue is a separately stated carrying charge lation distribution determined for the Act of 1964 (78 Stat. 79) and to make a (including a finance charge, service taxable year. clarifying change therein, such regula­ charge, and the like) but the actual in­ It should be noted that the credit under tions are amended as follows: terest charge cannot be ascertained, a section 667 is computed by the use of a P a r a g r a ph 1. Section 1.163 is amended portion of the payments made during the different ratio from that used for com­ by revising section 163(b)(1) and the taxable year under the contract shall be puting the amount of taxes deemed historical note to read as follows: treated as interest and is deductible un­ distributed under section 666(c). der section 163 and this section. See ***** § 1.163 Statutory provisions; interest. paragraphs (b) and (c) of this section S ec. 163. In terest. * * * for the applicable computation and limi­ P ar . 25. Paragraph (a) (2) of § 1.671-3 (b ) Installment “purchases where interest tations rules. For purposes of section is amended to read as follows: charge is not separately stated — (1 ) G eneral 163(b) and this section, the term “edu­ § 1.671—3 Attribution or inclusion of in­ rule. If personal property or educational cational services” means any service (in­ come, deductions, and credits against services are purchased under a contract— cluding lodging) which is purchased (A) Which provides that payment of part tax. or all of the purchase price is to be made from an educational institution (as de­ (a) * * * in installments, and fined in section 151(e)(4) and para­ (2) If the portion treated as owned (B) In which carrying charges are sep­ graph (c) of § 1.151-3) and which is consists of specific trust property and arately stated but the interest charge can­ provided for a student of such institution. its income, all items directly related to not be ascertained, (3) Section 163(b) and this section that property are attributable to the por­ then the payments made during the taxable do not apply to a contract for the loan tion. Items directly related to trust prop­ year under the contract shall be treated for of money, even if the loan is to be re­ erty not included in the portion treated purposes of this section as if they included paid in installments and even if the bor­ as owned by the grantor or other person interest equal to 6 percent of the average rowed amount is used to purchase per­ unpaid balance under the contract during sonal property or educational services. are governed by the provisions of sub­ the taxable year. For purposes of the pre­ parts A through D (section 641 and fol­ ceding sentence, the average unpaid balance In cases to which the preceding sentence lowing) , part I, subchapter J, chapter 1 is the sum of the unpaid balance outstand­ applies, the portion of the installment of the Code. Items that relate both to ing on the first day of each month beginning payment which constitutes interest (as the portion treated as owned by the during the taxable year, divided by 12. For distinguished from payments of princi­ grantor and to the balance of the trust purposes of this paragraph, the term "edu­ pal and charges such as payments for must be apportioned in a manner that cational services” means any service (in­ credit life insurance) is deductible cluding lodging) which is purchased from under section 163(a) and § 1.163-1. is reasonable in the light of all the cir­ an educational institution (as defined in cumstances of each case, including the section 151 (e) (4)) and which is provided ***** terms of the governing instrument, local for a student of such institution. (d) Illustrations. * * * law, and the practice of the trustee if ***** E xam ple ( 4 ). (i) On September 15, 1968, it is reasonable and consistent. [Sec. 163 as amended by sec. 1 (a) and (c), C registered at X University for the 1968-69 ***** Act of Apr. 10, 1963 (Public Law 88-9, 77 academic year. C entered into an agreement with the X University for the purchase dur­ (Sec. 7805 of the Internal Revenue Code of S ta t. 6 ); sec. 224(c), Rev. Act 1964 (78 S ta t. 7 9 )] ing such academic year of educational serv­ 1054; 6 8 A Stat. 917; 26 U.S.C. 7805) ices (including lodging and tuition) for a [F.R. Doc. 69-490; Filed, Jan. 16, 1969; Par. 2. Section 1.163-2 is amended by total fee of $ 1 ,0 0 0 , including a separately 8 :4 5 a m .] revising paragraph (a), by adding ex­ stated carrying charge of $50. Under the terms amples (4) and (5) to paragraph (d), of the agreement, an initial payment of $ 2 0 0 and by revising paragraph (e). These was to be made by C on September 15, 1968, SUBCHAPTER A— INCOME TAX amended and added provisions read as and the balance was to be paid in 8 m o n th ly installments of $100 each, on the 15th day [TJ3. 6691] follows: of each month commencing with October PART 1— INCOME TAX; TAXABLE § 1.163—2 Installment purchases where 1968. C made all of the required 1968 pay­ interest charge is. not separately ments. Assuming that C is a cash method, YEARS BEGINNING AFTER DECEM­ stated. calendar year taxpayer and that no other BER 31 r 1953 installm ent purchases of services or property (a) In general. (1) Whenever there iswere made, the amount to be treated as in­ Deduction for Interest on Installment a contract with a seller for the purchase terest in 1968 is $10.50, computed as follows: Purchases of personal property providing for pay­ ment of part or all of the purchase price Year 1968 On December 4, 1968, notice of pro­ in installments and there is a separately U npaid "balance posed rule making with respect to the stated carrying charge (including a First day of: outstanding amendment of the Income Tax Regula­ January-September ______finance charge, service charge, and the O c t o b e r ______8 0 0 tions (26 CPR Part 1) under section 163 like) but the actual interest charge can­ of the Internal Revenue Code of 1954 to N o v e m b e r ______700 not be ascertained, a portion of the pay­ D e c e m b e r ______6 0 0 reflect the changes made by section ments made during the taxable year 224(c) of the Revenue Act of 1964 (78 under the contract shall be treated as 2,100 Stat. 79) and to make a clarifying change interest and is deductible under section The sum of unpaid balances ($2,100) divided F ed e r a l therein was published in the 163 and this section. Section 163(b) con­ by 12 is $175; 6 percent thereof is $10.50. The R e g is t e r (33 F.R. 18039). No objection to tains a formula, described in paragraph carrying charges attributable to 1968 are the rules proposed having been received (b) of this section, in accordance with $18.75 (i.e., the total carrying charges ($50), during the 30-day period prescribed in which the amount of interest deductible divided by the total number of payments the notice, the regulations as proposed in the taxable year must be computed. ( 8 ), multiplied by the number of payments are hereby adopted. made in 1968 (3)). Since the amount to be This formula is designed to operate treated as interest in 1968 ($10.50) does not (Section 7805 of the Internal Revenue Code automatically in the case of any install­ exceed the carrying charges attributable to o f 1954; 6 8 A Stat. 917; 26 U.S.C. 7805) ment purchase, without regard to 1968 ($18.75), the limitation set forth in whether payments under the contract paragraph (e) of this section is not [ s e a l ] S h e l d o n S . C o h e n , Commissioner of Internal Revenue. are made when due or are in default. applicable. For applicable limitations when an (ii) The result in this example would be Approved: January 13,1969. obligation to pay is terminated, see the same even if the X University assigned the agreement to a bank or other financial S t a n l e y S . S u r r e y , paragraph (c) of this section. institution and C made his payments di­ Assistant Secretary (2) Whenever there is a contract withrectly to the bank or other financial of the Treasury. an educational institution for the pur­ institution.

FEDERAL REGISTER, VOL. 34, NO. 12— FRIDAY, JANUARY 17, 1969 RULES AND REGULATIONS 743

Exam ple (5). On September 15, 1968, D change the requirements and to amend Subpart B— Anchorage Grounds registered at Y University fpr the 1968-69 the regulations if and when necessary academic year. The tuition for such year was in the public interest. § 110.155 [Amended] $1,500. In order to pay his tuition, D bor­ 2. Paragraph (f) (3) of § 110.155 is rowed $1,500 from the M Corporation, a lend­ 2. The purpose of this document is ing institution, and remitted that sum to to establish and describe the special amended by adding an explanatory note the Y University. The loan agreement be­ anchorage area in Great Kills Harbor in at the end of the paragraph, reading as tween M Corporation and D provided that General Anchorage No. 28, Raritan Bay, follows: D was to repay the loan, plus a service charge, New York Harbor, as described in 33 N o te: A special anchorage area in th is in 1 0 equal monthly installments, on the CFR 110.60 (r-1) below, wherein ves­ anchorage is described in §110.60 (r- 1 ). first day of each month commencing with October 1968. The service charge consisted of sels not more than 65 feet in length, (Sec. 7, 38 Stat. 1053, as amended, sec. interest and the cost of credit life insurance when at anchor in such special anchor­ 6(g)(1), 80 Stat. 940; 33 U.S.C. 471, 49 on D’s life. Since section 163(b) and this sec­ age area, are not required to carry or U.S.C. 1655(g) (1); 49 CFR 1.4(a) (3)) tion do not apply to a contract for the loan exhibit anchor lights The area is prin­ of money, D is not entitled to compute his cipally for use by yachts and other rec­ Dated: January 13,1969. interest deduction with respect to his loan reational craft. The issuing of mooring W . J . S m i t h , from M Corporation under such sections. D Admiral, U.S. Coast Guard, may deduct that portion of each installment permits and the assignment of moor­ payment which constitutes interest (as dis­ ings is under the jurisdiction of the Commandant. tinguished from payments of principal and Captain of the Port, New York. The [F.R. Doc. 69-601; Filed, Jan. 16, 1969; the charge for credit life insurance) under Captain of the Port regulations in 33 8 :4 6 a .m .] section 163(a) and § 1.163-1, provided that CFR 110.155(1) (7) apply. the amount of such interest can be 3. The further purpose of this doc­ ascertained. ument is to amend the description of (e) Effective date. Except in the casethe anchorage grounds in 33 CFR 110.- Title 36— PARKS, FORESTS, of payments made under a contract for 155(f)(3). educational services, the rule provided 4. By virtue of the authority vested AND MEMORIALS in section 163(b) and this section applies in me as Commandant, U.S. Coast to payments made during taxable* years Guard, by 14 U.S.C. 632 and the delega­ Chapter II— Forest Service, Depart­ beginning after December 31, 1953, and tion in 49 CFR 1.4(a)(3) of the Secre­ ment of Agriculture ending after August 16, 1954, regardless tary of Transportation under 49 U.S.C. PART 221— TIMBER of when the contract of sale was made. 1655(g) (1), 33 CFR Part 110 is amend­ In the case of payments made under a ed as follows, to become effective on Export Restrictions contract for educational services, the and after 30 days after publication of Part 221 of Title 36, Code of Federal rule provided in section 163(b) and this this document in the F ed e r a l R e g is t e r . section applies to payments made during Regulations, is amended by revoking taxable years beginning after December Subpart A— Special Anchorage Areas paragraph (c) of § 221.3 and by adding the following: 31,1963, regardless of when the contract 1. Section 110.60 is amended by ad­ for educational services was made. ding a new paragraph (r-1) following § 221.25 Timber export restrictions, re­ [F.R. Doc. 69-655; Filed, Jan. 16, 1969; § 110.60(r), reading as follows: quirements for domestic processing. 8 :4 9 a.m .j The regulations in this section are to § 110.60 Port of New York and vicinity. implement the provisions of Part IV of * * * * * the Foreign Assistance Act of 1968 (82 (r-1) Great Kills Harbor. Beginning Stat. 966) which amends the Act of April Title 33— NAVIGATION AND at a point on the shoreline at latitude 12, 1926 (16 U.S.C. 616), and limits the 40°32'05.6", longitude 74°08'24.2"; amount of unprocessed timber which may NAVIGABLE WATERS thence to latitude 40°32'06.7", longitude be sold for export from Federal lands Chapter I— Coast Guard, Depart­ 74°08'27.6"; thence to latitude 40°- located west of the 100th Meridian to not 32'19", longitude 74°08'23.1"; thence to more than 350 million board feet for ment of Transportation latitude 40°32'27.8", longitude 74°08'- each of the calendar years 1969 through SUBCHAPTER I— ANCHORAGES 25.9"; thence to latitude 40°32'40.2", 1971, inclusive. The Secretary of Agri­ [CGFR 68-161] longitude 74°08'10.5"; thence to lati­ culture, after public hearing, is author­ tude 40°32'44.2"; longitude 74°08'12.9"; ized to designate as available for export PART 110— ANCHORAGE thence along the northern and eastern specific quantities and species of unproc­ REGULATIONS shoreline to the point of beginning. essed timber surplus to the needs of N o t e : Tlie special anchorage area is prin­ domestic users and processors in addition Subpart A— Special Anchorage Areas cipally for use by yachts and other rec­ to the quantity stated above. The Secre­ Subpart B— Anchorage Grounds reational craft. A temporary float or buoy tary may issue rules and regulations to for marking the location of the anchor of carry out the purposes of the Act, in­ G rea t K il l s H a r b o r , N .Y . a vessel at anchor may be used. Fixed moor­ cluding the prevention of substitution of ing piles or stakes are prohibited. Vessels timber restricted from export for ex­ 1. The Commander, Third Coast shall be anchored so that no part of the Guard District, New York, N.Y., by letter vessel comes within FO feet of the marked ported non-Federal timber, and to ex­ dated November 29, 1968, requested the channel. No vessel shall be anchored in clude from the limitations imposed by establishment of a special anchorage such a manner as to interfere with the the Act sales having an appraised value area in Great Kills Harbor in General use of a mooring bucy authorized to be of less than $2,000. Anchorage No. 28, Raritan Bay, New placed by the Captain of the Port, New (a) Unless restricted as provided in York Harbor. A public notice dated Oc­ York. No mooring buoy shall be placed in this section or unless it is determined by this special anchorage area except as au­ the Secretary of Agriculture that the sup­ tober 17,1968, was issued by Commander, thorized by the Captain of the Port, New Third Coast Guard District, New York, York. The Captain of the Port regulations ply of timber for local use is endangered, N.Y., describing the proposed anchorage. in | 110.155(1) (7) apply. timber lawfully cut on any National For­ All known interested parties were noti­ est may be exported from the State where This special anchorage area is with­ fied and requested to comment on the grown to any other State for processing. in the limits of General Anchorage No. As used in this paragraph, “supply of proposal. No objections were received. 28 described in § 110.155(f) (3). timber for local use” means the supply Therefore, the request is granted and of timber necessary for consumption by the establishment of a special anchorage (R.S. 4233, as amended, 28 Stat. 647, as amended, 30 Stat. 98, ac amended, sec. 6 (g ) local users. area as described in 33 CFR 110.60 (r-1) (1), 80 Stat. 940; 33 U.S.C. 180, 258, 322; (b) Unprocessed timber from National below is granted, subject to the right to 49 U.S.C. 1655(g)(1); 49 CFR 1.4(a)(3)) Forest System lands located west of the

„ FEDERAL REGISTER, VOL. 34, NO. 12— FRIDAY, JANUARY 17, 1969 No. 12—Ft. I----7 744 RULES AND REGULATIONS

100th Meridian shall not be sold for ex­ Chief, Forest Service, shall give notice to meet national emergencies or to meet port from the United States during the in the F ed e r a l R e g is t e r of the quantities urgent and unusual needs of the Nation. period January 1, 1969, through Decem­ and species of unprocessed timber which (30 Stat. 34, 35 as amended, 16 U.S.C. 475, ber 31,1971, except that such timber may are determined to be surplus. Hearings 476, 551; 44 Stat. 242, 82 Stat. 966, 16 U.S.C. be sold for export from the United States will be conducted in accordance with the 616) as follows: following procedures: O r v il l e L . F r e e m a n , (1) A total annual volume which, to­ (1) Notice will be published in a news­ Secretary of Agriculture. gether with a volume of unprocessed tim­ paper of general circulation within the ber from other Federal lands located area of the specific quantities and species J a n u a r y 13, 1969. west of the 100th Meridian, does not ex­ under consideration at least 15 days prior [F.R. Doc. 69-619; Filed, Jan. 16, 1969; ceed 350 million board feet; to the hearing, and known parties or or­ 8 :4 7 a.m .] (2) Timber in sales of less than $2,000 ganizations with special interest in the appraised value; quantities and species should be notified (3) After public hearing, such specific directly, quantities and species of unprocessed (2) The time, place, and conduct of Title 41— PUBLIC CONTRACTS timber as determined by the Chief, For­ the hearing will be coordinated with the est Service, to be surplus to the needs Department of the Interior and held at AND PROPERTY MANAGEMENT of domestic users and processors. a convenient, centralized location within Chapter 60— Office of Federal Con­ The regulations in this section shall the area of the specific quantities and tract Compliance, Equal Employ­ apply to timber settlements made pursu­ species under consideration. ant to § 221.29 and to timber sales, in­ (3) The hearing record shall remain ment Opportunity, Department of cluding those set aside under the Small open for at least 5 calendar days follow­ Labor Business Act, but shall not apply to any ing the hearing for receipt of additional PART 60-1— OBLIGATIONS OF CON­ sales or settlements made prior to Janu­ written statements. TRACTORS AND SUBCONTRACTORS ary 1, 1969. (4) The hearing record shall be sent (c) As used in this section, the term to the Chief, Forest Service, with the Miscellaneous Amendments “unprocessed timber” shall mean any Regional Forester’s findings and recom­ logs such as sawlogs, peeler logs, and mendations. Pursuant to Executive Order 11246 (30 pulp logs; cants and squares to be sub­ F.R. 12319), as amended by Executive sequently remanufactured exceeding a (f) Where appropriate contracts for Order 11375 (32 F.R. 14303), 41 CFR nominal 8 inches in thickness; and split the sale of timber from National Forest Part 60-1, as revised on May 28, 1968 System lands located west of the 100th (33 F.R. 7804), is hereby amended in the or round bolts, or other roundwood not Meridian shall include: processed to standards and specifica­ manner set forth below. tions suitable for end-product use. Un­ (1) Restrictions on the export of un­ As these amendments concern matters processed timber shall not mean timber processed timber, including a provision relating to public contracts, neither no­ processed into the following: that if the purchaser sells, exchanges, or tice of proposed rule-making, nor public (1) Lumber and construction timbers, otherwise disposes of the included timber participation therein, nor delay in their regardless of size, manufactured to restricted from export, the purchaser effective date is required by 5 U.S.C. 553. standards and specifications suitable for shall require his buyer, exchangee, or Accordingly, good cause is hereby found end-product uses,-- other recipient to enter into an agree­ to dispense with notice of proposed rule- (2) Chips, pulp, and pulp products ment not to export unprocessed timber as making, public participation, and delay (except that, in Alaska, chips from log­ defined in this section; in effective date. Therefore, these ging and milling wastes only shall be (2) The quantities and species of un­ amendments shall become effective im­ considered to be processed); processed timber, if any, which may be mediately. exported; (3) Green veneer and plywood; § 60—1.1 [Revised] (4) Poles and piling cut or treated for (3) Requirements for showing com­ use as such; pliance with the timber export restric­ In § 60-1.1, the phrase “without regard (5) Cants, squares, and lumber cut for tions and exemptions. to race, creed, color, or national origin”, remanufacture, of a nominal 8 inches in (g) Subject to the other provisions of wherever it appears, is revised to read thickness or less. this Section, timber cut from the Na­ “without regard to race, color, religion, (d) The Secretary of Agriculture and tional Forests in the State of Alaska may sex, or national origin.” the appropriate Secretaries of other De­ not be exported from Alaska in the form § 60—1.4 [Revised] partments administering Federal lands of logs, cordwood, bolts, or other similar west of the 100th Meridian shall deter­ In §60-1.4 (a) and (b), the phrase products necessitating primary manu­ “without regard to race, creed, color, or mine annually the distribution among facture elsewhere without prior consent the Federal lands of the 350 million of the Regional Forester. This require­ national origin”, wherever it appears, is board feet of unprocessed timber which revised to read “without regard to race, ment is determined to be necessary in color, religion, sex, or national origin.” may be sold for export. The volume of order to assure the development and exportable unprocessed timber allocated continued existence of adequate wood § 60—1.8 [Revised] to National Forest System lands shall be processing capacity in that state es­ In § 60-1.8 (a), the phrase “on the basis distributed by the Chief, Forest Service, sential to the sustained utilization of among Forest Service Regions, the Na­ of race, creed, color, or national origin”, timber from the National Forests located wherever it appears, is revised to read tional Forests, and individual timber therein which is geographically isolated sales. “on the basis of race, color, religion, or from other processing capacity. In de­ national origin.” (e) No specific quantities and species termining whether consent will be given of unprocessed timber may be sold for to the export of such timber, considera­ § 60-1.20 [Revised] — export as surplus to the needs of domestic tion will be given, among other things, In § 60-1.20(a), the phrase “without users and processors unless: A public to whether such export will (1) permit regard to race, creed, color, or national hearing is authorized by the Chief, a more complete utilization of material origin”, wherever it appears, is revised Forest Service, and is held to seek ad­ on areas being logged primarily for prod­ to read “without regard to race, color, vice and counsel as to the quantities and ucts for local manufacture, (2) prevent religion, sex, or national origin.” species of unprocessed timber, if any, sur­ loss or serious deterioration of logs un­ plus to the needs of domestic users and salable locally because of an unforeseen § 60—1.41 [Revised] processors, and a determination is made loss of market, (3) permit the salvage In §60-1.41 (a) and (c), the phrase by the Chief, Forest Service, that the of timber damage by wind, insects or fire, “without regard to race, creed, color, or specific quantities and species of un­ (4) bring into use a minor species of little national origin”, wherever it appears, is processed timber are surplus to the needs importance to local industrial develop­ revised to read “without regard to race, of domestic users and processors. The ment, or (5) provide material required color, religion, sex, or national origin.”

FEDERAL REGISTER, VOL. 34, NO. 12— FRIDAY, JANUARY 17, 1969 RULES AND REGULATIONS 745 following terms shall have the meaning §j 60—1.42 [Revised] Public Law 81—815, by Public Law 90—247, approved January 2,1968. indicated in paragraphs (a) thru (v) of In § 60-1.42 (a), the phrase “because of Part 114, as revised, reads as follows: this section: Race, Color, Creed, or National Origin” (a) The “Act” means Public Law 815, is revised to read “because of Race, Color, Subport A— Definitions 81st Congress (64 Stat. 967), as Religion, Sex, or National Origin.” Sec. 114.1. Definitions. amended. Section 60-1.3 is hereby amended by (b) “Commissioner” means the Com­ adding thereto a new paragraph (z) to Subpart B— Fifing Complete Applications and missioner of Education, Department of read as follows: Determining Priority Indices Health, Education, and Welfare. 114.2 Cutoff dates for filing applications. (c) “L o c a 1 educational a g e n c y ” § 60—1.3 Definitions. 114.3 Procedure if funds are inadequate to means a board of education or other ***** make all payments. legally constituted local school authority (z) The term “minority group” as 114.4 Determination of priority indices for (including, where applicable, a State used herein shall include, where appro­ applications. 114.5 Determination of subpriority indices agency which directly operates and priate, female employees and prospective for applications. maintains facilities for providing free female employees. 114.6 Priority and approval conditioned public education) having exclusive ad­ In § 60-1.7, paragraph (a) (3) is upon readiness to proceed with ministrative control and direction of hereby revised to read as follows: construction. free public education, or some phase thereof, in a county, township, inde­ § 60-1.7 Reports and other required in­ Subpart C— Policy Determinations in Processing pendent, or other school district located formation. of Applications within a State. If the local educational (a) * * * 114.11 Membership of nonresident pupils. agency so defined does not have respon­ (3) The Director, the agency or the 114.12 Determination of available and sibility for providing school facilities applicant, on their own motions, may re­ usable school facilities. 114.13 Determination of undue financial and such responsibility is vested in a quire a contractor to keep employment or b u rd en . State agency, the term shall include other records and to furnish, in the form 114.14 Additional payments under section such State agency together with the requested, within reasonable limits, such 8 of the Act. agency having exclusive administrative information as the Director, agency or 114.15 School facilities for children whose control and direction of other phases of the applicant deems necessary for the membership is of temporary dura­ free public education. administration of the order. tio n o n ly . 114.16 Determination of eligibility under (d) “Free public education” means ***** section 14. education which is provided at public (E.O. 11246, 30 F.R. 12319; E.O. 11375, 32 F.R. expense, under public supervision and 14303) Subpart D— Criteria for W aivers Under the Act direction, and without tuition charge Signed at Washington, D.C., this 14th 114.31 Criteria for waiver under section 5 and which is provided as elementary or day of January 1969. (e) of minimum number require­ secondary school education in the ap­ ment of 20 in section 5(c). plicable State. Elementary education W il l a r d W ir t z , 114.32 Criteria for waiver under section 5 may include kindergarten education Secretary of Labor. (e) of percentage requirements for federally connected and non-fed- meeting the above criteria. [F.R. Doc. 69-664; Filed, Jan. 16, 1969; erally connected membership in (e) An “applicant” is a local educa­ 8:5 0 a m .] section 5(c). tional agency which has filed a complete 114.33 Criteria for waiver under section 5 application for assistance in school con­ (e) of the Act for children residing struction under the Act and this part. on ^Federal property. (f) A “complete application” in the 114.34 Criteria for waiver of substantial per­ Title 45— PUBLIC WELFARE centage requirement in section case where an applicant submits only one project by a filing date, consists of Chapter I— Office of Education, De­ 1 4 (a ). 114.35 Criteria for waiver of substantial both Part I (Maximum Grant) and partment of Health, Education, and percentage requirement in section Part n (Project) of the application Welfare 1 4 (b ). Form RSF-2 prescribed by the Com­ missioner for use under this Act, prop­ PART 114— FEDERAL ASSISTANCE Subpart E'— Certification of Payments erly completed and executed, together, UNDER PUBLIC LAW 815, 81 ST 114.41 Certification of payments. with all documents, amendments, and CONGRESS, AS AMENDED, IN CON­ 114.42 Certification of payments, section 14. communications in support thereof. STRUCTION OF MINIMUM SCHOOL Subpart F— General Provisions Where applicant submits more than one FACILITIES IN AREAS AFFECTED BY 114.51 Works of art. project by a filing date, the Part I form FEDERAL ACTIVITIES 114.52 School facilities accessible to, and and all Part II forms, properly executed usable by, the handicapped. and completed, together with all docu­ Federal financial assistance made pur­ 114.53 Excellence of architecture and de­ ments, amendments, and communica­ suant to the regulations' set forth below sign of minimum school facilities. tions in support thereof on file at that is subject to the regulations in 45 CFR 114.54 Flood plains. time, shall be considered as the “com­ Part 80, issued by the Secretary of 114.5§, Preceding provisions not exhaus­ tive of jurisdiction of the Com­ plete application.” Where more than Health, Education, and Welfare and ap­ m issio n er. one Part n application is submitted by proved by the President to effectuate the an applicant, the applicant shall indi­ provisions of section 601 (42 U.S.C. Subpart G— Retention of Records cate the order in which its project ap­ 2000d) of the Civil Rights Act of 1964 plications are to be considered by the (Public Law 88-352). 114.61 Retention of records. Commissioner. Only applications meet­ Auth o rity : The provisions of this Part Part 114, 45 CFR, Chapter I, estab­ 114 issued under sec. 12, 72 Stat. 554. In­ ing the conditions for approval under lishes regulations for applications for terpret or apply secs. 3—6, 8-9, 13—15, 72 the Act shall be considered complete Federal grants for school construction Stat. 548. ^ applications. under Public Law 815, 81st Congress, as (g) “Project application” means amended. The regulations, among other Subpart A— Definitions Form RSF-2, Part II, properly com­ things, provide for cutoff dates for filing pleted and executed, making application such applications and provide for priority § 114.1 Definitions. for Federal assistance for constructing indices to establish the order of approval All terms used in this part which are or providing school facilities under the of such applications and of making pay­ defined in the Act and not defined in this Act. ments from funds available on any cut­ section shall have the meaning given to (h) “Filed” means that all necessary off date. them in the Act. As used in this part, for parts of the complete application, bear­ Part 114 is revised to incorporate purposes of this part and determinations ing the required certifications and veri­ amendments to sections 1 through 15 of under the Act as hereinafter defined, the fications by the State educational

FEDERAL REGISTER, VOL. 34, NO. 12— FRIDAY, JANUARY 17, 1969 746 RULES AND REGULATIONS

agency, are received by the Commis­ (q) The “piority indices” are the in­ § 114.3 Procedure if funds are inade­ sioner, or enclosed in a cover addressed dices established pursuant to this part quate to make all payments. to the Commissioner and postmarked on based on relative urgency of need for the or before the applicable filing date. purpose of determining, under the Act (a) Section 3 of the Act provides that (i) “Minimum school facilities” means the order of approval of project applica­ the Commissioner shall by regulation those instructional and auxiliary rooms tions, and the order of payments. • prescribe an order of priority, based on and initial equipment necessary to oper­ (r) The “subpriority indices” are the relative urgency of need, to be followed ate a program of free public education for indices established pursuant to this part in approving applications in the event the the school members of the applicant at for the purpose of determining the order funds appropriated under the Act and normal capacity in accordance with the of approval of project applications hav­ remaining available on any cutoff date laws and customs of the State. They do ing identical priority indices, when ap­ for payment to local educational agen­ not include athletic stadiums, or struc­ propriated funds are insufficient to fund cies are less than Federal share of the tures, or facilities intended primarily for all such project applications. cost of the projects with respect to which athletic exhibitions, contests, or games (s) The term “base year” means the applications have been filed prior to such or other events for which admission is to third or fourth school year preceding the date (and for which funds under this Act be charged to the general public. fiscal year in which an application was have not already been obligated). Only (j) “Available and usable school facil­ filed under the Act, as may be designated applications meeting the conditions for ities” means those facilities containing in the application, except that in the approval under this Act (other than sec­ pupil stations counted in ascertaining case of an application based on children tion 6(b) (2) (C)) shall be considered children who are “unhoused” or with­ referred to in paragraphs (2) or (3) of applications for purposes of the preced­ out “minimum school facilities.” section 5(a) of the Act, the base year ing sentence. (k) The “normal capacity” of a school shall in no event be later than the regu­ (b) With respect to applications made room is the number of pupil stations lar school year 1965-66. under section 14 of the Act, section 14 which the room accommodates under (t) The term “increase period” means (d) provides in part as follows: ordinary conditions in accordance with the period of four consecutive regular In determining the order in which such the laws and customs of the State gov­ school years immediately following such applications shall be approved, the Com­ erning free public education. Where base year. missioner shall consider the relative educa­ kindergartens may be conducted on a (u) For the purpose of eligibility and tional and financial needs of the local edu­ two-session-per-day basis the number of entitlement under section 5(a) (3) of the cational agencies which have submitted pupil stations of the rooms used for that approvable applications and the nature and Act, the estimated number of children in extent of the Federal responsibility. purpose shall be doubled in determining average daily membership during the kindergarten needs. year shall be 97 percent of the difference (20 U.S.C. 633, 644) (l) Children who are “unhoused” or between (1) the total number of children § 114.4 Determination of priority in­ without “minimum school facilities” are in membership whose parents are em­ dices for applications. those children in excess of the normal ployed (as determined by a parent-pupil capacity of available and usable mini­ survey made as of any specific date dur­ When the Commissioner , has set a date mum school facilities. ing the increase period) in establish­ by which complete applications must be (m) “Contracts-let date” is the date ments with respect to which a responsi­ filed, the priority indices for approval of on which the Commissioner’s notice set­ such applications shall be determined as ble official thereof certifies that there has follows: ting the cutoff dates for the receipt of been an increase in employment subse­ applications for a fiscal year is filed with quent to the base year in order to fulfill (a) A priority index will be deter­ the Office of the Federal Register. Federal contracts or subcontracts, and mined for the first construction project (n) Unless governed by State law or (2) the number of such children whose for each applicant under section 6 or State regulation, a “member” of a class parents moved into the applicant school section 14 of the Act by adding (1) the is a child who presents himself at school district subsequent to such a base year. percentage that the estimated number and is placed on the current roll. Such (v) “Works of art” means those items, of federally connected children count­ a child shall be considered a “member” which may be in the nature of fixtures, able for payment in the school district from the date of enrollment until he that are incorporated in school facilities (or in the approved attendance area ex­ permanently leaves the class or school primarily because of their esthetic value. cept under section 14) is of the total for one of the causes recognized as suffi­ The cost of a work of art that is in the estimated membership of all children in cient by the State. The date of perma­ nature of a fixture shall be the estimated such an area at the close of the appli­ nent withdrawal should be the date on additional cost of incorporating those cable period to (2) the percentage of the which it is officially known that the pupil special esthetic features which exceed the estimated school membership within the has left school, and not necessarily the general requirement of excellence of school district (or in the approved at­ first day after the date of last architecture and design. tendance area except under section 14) attendance. which at the same time is without mini­ (o) “Average daily membership” for a (20 U.S.C. 633, 634, 635, 645) mum school facilities. However, in no given school in a given school year is the Subpart B— Filing Complete Applica­ case shall the amount used in determin­ aggregate days of membership of indi­ tions and Determining Priority ing the priority index exceed twice the vidual children in the school divided by percentage in subparagraph (1) of this the number of days school was actually Indices paragraph. No priority, except under in session. Only days on which pupils § 114.2 Cutoff dates for filing applica­ section 14, shall be established for any were under the guidance and direction of tions. applicant having less than 20 unhoused teachers in the teaching process may be (a) Pursuant to section 3 of the Act, children in the school district (or in the considered as days in session. The aver­ approved attendance area). age daily membership for groups of the Commissioner will from time to time set dates by which applications for pay­ (b) In those cases where an applicant schools having varying lengths of terms has filed more than one project appli­ is the sum of the average daily member­ ments under the Act with respect to con­ ships obtained for the individual schools. struction projects must be filed, except cation, the priority index for the second (p) “Membership of children of tem­ that the last such date with respect to project will be determined by: (1) Divid­ porary duration only” means the school applications for payments on account of ing the normal capacity of the first proj­ membership of children whose residence children referred to in paragraphs (2) or ect by the total estimated membership at (3) of section 5(a) of the Act shall be not in the school area the Commissioner de­ later than June 30,1970. the close of the period and (2) reducing termines probably will be for less than the applicant’s priority index by twice 6 years beyond the date of the approval (b) The cutoff dates for applications of the complete applications and whose during each fiscal year will be set by the the percentage so obtained. Where more number is required to be excluded from Commissioner by notices published in the than two project applications have been computation of maximum payments F ed e r a l R e g is t e r . filed, the applicant’s priority index for under section 5 of the Act. (20 U.S.C. 633) each succeeding project shall be reduced

FEDERAL REGISTER, VOL. 34, NO. 12— FRIDAY, JANUARY 17, 1969 RULES AND REGULATIONS 747 by the cumulative total capacity, as pro­ counted in the applicant’s membership § 114.14 Additional payments under vided in the first sentence of this para­ when a written agreement for such at­ section 8 of the Act. graph, of all the approved projects of the tendance has been entered into between Pursuant to section 8 of the Act: applicant. the local educational agencies concerned, and if that agreement is approved by the (a) Not to exceed 10 percent of any (20 U.S.C. 633, 644) Commissioner. amount appropriated under the Act ex­ clusive of any sums appropriated for ad­ § 114.5 Determination of subpriority (20 U.S.C. 635) indices for applications. ministration) is reserved and may be § 114.12 Determination of available and used by the Commissioner to make grants (a) In the event that the appropriated usable school facilities. to applicants under the Act (except sec­ funds are sufficient to fund only a por­ tion 14 thereof) when (1) the application tion of the project applications with The following school facilities will be would be approved but for the appli­ identical priority indices as determined counted as usable and available in de­ cant’s inability, unless aided by such a under section 114.4 (a) or (b) of this termining “unhoused children” or “chil­ grant, to finance the non-Federal share part, the subpriority index (relative po­ dren without school facilities”: of the cost of a project; or (2) after the sition) of such project applications shall (a) All school facilities which were approval of the application the project be determined by computing the per­ constructed for school use and which cannot, without such grant, be com­ centage that the estimated number of have been used continuously for class­ pleted because of flood, fire, or similar the federally connected children count­ room purposes, unless such facilities emergency affecting either the work on able for payment in the school district have become unsafe or otherwise un­ the project or the applicant’s ability to (or in the approved attendance area ex­ usable to the extent that use of such finance the non-Federal share of the cept under section 14) is of the total facilities or partial use of such facilities cost of the project. estimated membership of all children in has been abandoned or must be aban­ (b) Under paragraph (a) (1) of this such an area at the close of the appli­ doned by the end of the second year section, a complete application (except cable period. following the increase period for which applications under section 14 of the Act (b) In those cases where an applicant the application is filed. Basement rooms, and applications with respect to which has more than one eligible project ap­ hallways, or other space the use of which the Commissioner has waived or reduced plication in an identical priority index for classroom purposes, in view of their eligibility requirements under section group, the subpriority index of the first character, inaccessibility, or other 5(e) of the Act) may be considered for project in such group will be computed equally cogent reason, seriously preju­ payment of part or all of the non-Fed­ in accordance with paragraph (a) of this dices educational objectives or has im­ eral share of the cost of any project section, and the subpriority index of the paired or will impair the health or safety which does not include more than mini­ second project will be determined by (1) of the school children, will not be con­ mum facilities for unhoused children: dividing the normal capacity of the first sidered to be available and usable. These Provided, (1) That the application con­ project by the total estimated member­ criteria shall apply to all facilities owned tains a request for payment hereunder; ship at the close of the applicable period by other Federal agencies which are (2) that the estimated number of chil­ and (2) reducing the applicant’s sub­ available or which may be made avail­ dren countable for payment under sec­ priority index as determined in para­ able for the education of children tion 5 of the Act for the increase period graph (a) of this section by twice the counted by applicants. equals or exceeds the number obtained percentage so obtained. The subpriority (b) All school facilities which are by taking 12 percent of the average daily index for each succeeding project will under contract as of the contracts-let membership of the applicant district, for be reduced by the cumulative total ca­ date. the base year applicable to the increase pacity, as provided in the first sentence (c) All school facilities projects which period under consideration, except that of this paragraph, of all the approved as of the date of approval of the appli­ if 1 or more years in the increase period projects of the applicant. cation, have been approved for the ap­ plicant school district under the Act. were included in a previous application (20 U.S.C. 633, 644) for which payment has been made or (d) With respect to section 14(a) of may be made, the percent shall be 9 per­ § 114.6 Priority and approval condi­ the Act, all minimum school facilities cent if 1 year was included; 6 percent if tioned upon readiness to proceed with which with full utilization of practicably 2 years were included; 3 percent if 3 construction. available financial resources could be years were included; (3) that the appli­ Initial approval of a project applica­ provided from local, State, or other cant has exhausted all fiscal resources, tion meeting the conditions for approval Federal sources will be considered as including State aid, bonding authority, under the Act and under this part will available and usable in making determi­ and Federal aid, which are practicably be subject to cancellation in the event nations, the use of which by the applicant available to it and is unable to pay the the applicant is not ready to proceed shall be a condition precedent to Federal . non-Federal share of the cost of the with construction within 120 days after assistance for the providing of school project; (4) that it has been reached the date of initial approval unless such facilities. In determining practicably on the priority or subpriority indices period is extended by the Commissioner available financial resources, the amount established by this part; and (5) that for good cause shown; and the appli­ representing unused bonding authority Federal money reserved under paragraph cant’s rights to approval and payment of the applicant, up to the legal maxi­ (a) of this section is available. The addi­ may be subordinated by reason thereof mum bonding limit in the State, but not tional payment to the applicant under to other project applications of lower in excess of 12 percent of the assessed this provision will not exceed the cost of rank or the applicant may forfeit its valuation of the applicant school district, providing minimum school facilities for priority in the discretion of the will be considered as an available the number of unhoused children as of Commissioner. resource. the end of the increase period less all (20 U.S.C. 633, 644) (20 U.S.C. 634, 644) financial resources practicably available § 114.13 Determination of undue finan­ to the applicant as of the same period §§ 114.7—114.10 [Reserved] cial burden. nor will it exceed the difference between (i) the actual cost of providing mini­ Subpart C—■Policy Determinations in A determination under section 5(c) of Processing of Applications mum facilities for the federally connect­ undue financial burden on the taxing and ed pupils eligible for payment under the § 114.11 Membership of nonresident borrowing authority of an applicant will Act, or the average cost in the State of pupils. be made on the basis of estimated pupil providing such facilities, whichever is For purposes of sections 5, 8, 9, and 14 membership and the number of children the lesser, and (ii) the Federal funds of the Act and the regulations in this without minimum school facilities as of made available to the applicant under part, in determining an applicant’s mem­ the end of the increase period covered by bership, a nonresident pupil who attends section 5 of the Act plus local and State a school in the applicant district on a the application. funds which may be made available for tuition or nontuition basis may be (20 U.S.C. 635) this purpose.

FEDERAL REGISTER, VOL. 34, NO. 12— FRIDAY, JANUARY 17, 1969 748 RULES AND REGULATIONS

(c) Under paragraph

FEDERAL REGISTER, VOL. 34, NO. 12— FRIDAY, JANUARY 17, 1969 RULES AND REGULATIONS 749 extensive as to be reasonably analogous waiver or reduction in requirement and §114.34 Criteria for waiver of percent­ to a countywide school system. that only children residing on the Fed­ age requirement in section 14(a). (4) There has been an unusually large eral property constituting the federally (a) The Commissioner’s authority in Federal impact in the increase period impacted attendance area will be con­ section 14(a) of the Act to waive the for which the application is made equal sidered in determining the increase in substantial percentage requirement in to at least 10 percent of the average daily membership of federally connected section 14(a) (1) will not be exercised membership in the base year in an at­ children. unless the conditions set forth in sub- tendance area affecting one or more at­ (3) There has been an increase in paragraphs (1) through (6), inclusive, of tendance centers located in an isolated membership of the children residing on this paragraph, are met: or remote part of the school district. the Federal property constituting the (1) The applicant meets all conditions (5) It would not be practicable to federally impacted attendance area in of eligibility under section 14(a) or, on transport students in the federally im­ the increase period for which the appli­ the basis of the authorized waiver of the pacted attendance area to other existing cation is made of at least 50 in number substantial percentage requirement, school facilities of the applicant because and equal to at least 8 percent of the would meet such conditions; of distance, topography, traffic or cli­ average daily membership of such chil­ (2) The applicant makes a request to matic conditions or other equally cogent dren in the base year or there are at waive such percentage requirement; least 50 more children residing on said (3) The applicant’s jurisdictional area reasons. Federal property than were estimated (6) The Commissioner determines that is countywide or is sufficiently extensive to be in the membership of the appli­ as to be analogous to a county wide school other exceptional circumstances exist cant’s schools at the end of the increase system; which in his judgment require such period under the last previous eligible (4) There has been a concentration of waiver or reduction to avoid inequity and application for which payment has been children residing on Indian lands located to avqid defeating the purposes of the made or may be made. in a remote or isolated area; and it would Act. (4) The applicant has need for-addi­ not be practicable to transport such chil­ (b) If the Commissioner, on the basis tional classrooms or related school facil­ dren from the remote or isolated area to of the minimum criteria above set forth, ities on the basis of the district as a other existing school facilities of the ap­ determines, under subsection 5(e) of the whole, or the school facilities of such plicant because of distance, topography, Act, to exercise his authority to waive applicant are not reasonably accessible traffic, or climatic conditions, or other or reduce one or more of the specified to the children residing on the Federal equally cogent reasons; requirements: property constituting the federally im­ (5) The number of children living on (1) He will determine which require­ pacted attendance area because of their Indian lands located in the remote or ment or requirements he will waive, or location or the infeasibility of transport­ isolated area and estimated to be in reduce, and, if the latter, the extent of ing the children residing on said Federal membership in the applicant’s schools as such a reduction; property to such facilities. of the close of the membership period (2) He will determine the geographi­ (5) The estimated number of children for which the application is filed is at cal area of the applicant which shall be who reside on the Federal property con­ least 15 and at least 20 percent of the considered as constituting the “federally stituting the federally impacted attend­ total number of children in membership impacted attendance area”; and ance area and who will be in the district’s in the district as a whole and for whom (3) The application otherwise will be schools at the close of the increase period the applicant is providing free public processed, taking into consideration only covered by the application under con­ education; and the established “federally impacted at­ sideration cannot be housed adequately (6) The area of all Federal lands in tendance area,” but in no case shall pay­ in minimum school facilities within the the school district comprises at least 80 ments hereunder exceed the amounts school district unless additional school percent of the total area of the school computable on the basis of the district facilities are provided in the school district. as a whole taking into consideration the district. (b) If the Commissioner, on the basis waivers or reductions approved by the (6) The school facilities to be con­ of the minimum criteria set forth in Commissioner. structed with the funds made available paragraph (a) of this section, determines (20 U.S.C. 635) to the applicant upon approval of the to exercise his authority to waive the waiver will be located within the Federal specified percentage requirement, the § 114.33 Criteria for waiver under sec­ property or located reasonably close application will be processed under the tion 5(e) of the Act for children re­ thereto so that they will serve the chil­ Act and the regulations in this part, siding on Federal property. dren residing thereon. taking into consideration only the (a) The Commissioner’s authority un­ (b) If the Commissioner, on the basis established remote or isolated attendance der section 5(e) of the Act to waive or of the minimum criteria in paragraph area; but in no case shall payments here­ reduce the percentage increase require­ (a) of this section, determines under sec­ under exceed the cost of construction of ment in section 5(c) of the Act with re­ tion 5(e) of the Act to waive or reduce minimum school facilities in the school spect to children residing on Federal the percentage increase requirement in district of the applicant for the number property, or to waive or reduce the per­ section 5(c) of the Act with respect to of all children in the approved waiver centage increase requirement in section children residing on Federal property, area which the Commissioner determines 5(d) of the Act with respect to nonfed- and/or the percentage increase require­ will be in membership in the schools of erally connected children will be exer­ ment with respect to nonfederally con­ the applicant as of the close of the cised only if the conditions set forth in nected children in section 5(d) of the second year following the close of the subparagraphs (1) through (6), inclu­ Act; membership period for which the appli­ sive, of this paragraph are met: (1) He shall determine which require­ cation is filed, and who would otherwise (1) The applicant otherwise meets all ments he will waive or reduce and the be without such facilities, less the amount the conditions for eligibility under the extent of any such waiver or reduction; of financial resources which the Com­ Act, other than section 14 thereof. and missioner determines to be practicably (2) The applicant specifically states (2) The application will be processed available to the applicant from local, the waiver it desires ¡be made or the ex­ under the Act and the regulations in this State, or other Federal sources. tent to which it desires a reduction in one part, taking into consideration only the (20 U.S.C. 644) established federally impacted attend­ or more of such requirements, and makes § 114.35 Criteria for waiver of substan­ an appropriate request therefor in which ance area, but in no case shall payments hereunder exceed the amount comput­ tial percentage requirement in sec­ he agrees that, if such a request is tion 14(b). granted in whole or in part, only the able on the basis of the district as a Federal property upon which the chil­ whole, taking into consideration the (a) The Commissioner’s authority in dren reside shall be considered as a fed­ waivers or reductions approved by the section 14(b) of the Act to waive the sub­ erally impacted attendance area in com­ Commissioner. stantial percentage requirement in sec­ puting maximum payment under the (20 U.S.C. 635) tion 14(b) (1) will not be exercised unless

FEDERAL REGISTER, VOL. 34, NO. 12— FRIDAY, JANUARY 17, 1969 750 RULES AND REGULATIONS

the conditions set forth in subparagraphs housed children; however, with respect requirement in section 14(b) (1), the (1) through (6), inclusive, of this para­ to payments under the Act (except sec­ Federal share of the cost of a project graph, are met: tion 14 thereof) ; which will be certified for payment (1) The applicant meets all conditions (a) Thè Federal share of the cost of a shall be equal to but shall not ex­ of eligibility under section 14(b) or, on project which will be certified for pay­ ceed the portion of the cost of con­ the basis of the authorized waiver of ment shall, within the maximum other­ structing minimum school facilities in the substantial percentage requirement, wise payable under the Act (except as the school district of the applicant which would meet such conditions; provided in section 8 thereof), be equal the Commissioner determines is attribut­ (2) The applicant makes a request to the cost but shall in no case exceed able to children who reside on Indian to waive such substantial percentage the cost of constructing minimum school lands and who will be in membership in requirement; facilities in the school district of the the schools of such applicant at the close (3) The applicant’s jurisdictional area applicant and shall in no case exceed the of the second year following the close of area is countywide or is sufficiently ex­ cost in such district of constructing min­ the membership period under considera­ tensive as to be analogous to a county­ imum school facilities for the estimated tion and who will otherwise be without wide school system; number of children who will be in the such facilities, and which cost has not (4) There has been a concentration membership of the schools of such appli­ been, and is not to be, recovered by the of children residing on Indian lands lo­ cant at the close of the second year applicant from other sources, includ­ cated in a remote or isolated area; and following the increase period under con­ ing payments by the United States under it would not be practicable to transport sideration and who will otherwise be any other provisions of the Act or any such children from the remote or iso­ unhoused; and other law. lated area to other existing school facil­ (b) Nothing in this part shall be ities of the applicant because of distance, deemed to bar an applicant, with the (20 U.S.C. 644) topography, traffic, or climatic condi­ approval of the State educational agency, §§ 114.43—114.50 [Reserved] tions, or other equally cogent reasons; from using for an approved project, in (5) The number of children living on addition to the Federal grant, money Subpart F— General Provisions Indian lands located in the remote or otherwise obtained to provide a higher §114.51 Works of art. isolated area and estimated to be in type or larger or better implemented membership in the applicant’s schools school facility. The applicant will be The cost of works of art when provided as of the close of the membership period required to , show in such cases that the in an approved construction project fi­ for which the application is filed is at added cost is being thus independently nanced entirely, or in part, with Federal least 15 and at least 5 percent of the met. funds under the Act shall not exceed 1 percent of the Federal share of the total total number of children in member­ (20 U.S.C. 634) ship in the district as a whole and for cost of the project, exclusive of the cost whom the applicant is providing free § 114.42 Certification of payments, sec­ of movable equipment: Provided, how­ public education; and tion 14. ever, That nothing contained in this part shall be deemed to bar an applicant, (6) The area of all Federal lands in Payments to an applicant under sec­ with the approval of the State educa­ the school district comprises at least 20 tion 14 will be made only on the basis of tional agency, from including works of percent of the total area of the school a complete application satisfying con­ art in excess of 1 percent of such total district. ditions for payment under the Act and cost of a project with the use of non- (b) If the Commissioner, on the basis the regulations in this part, and will be Federal money. of the minimum criteria set forth in restricted in amount to the cost of pro­ paragraph (a) of this section, determines viding minimum school facilities for un­ (20 U.S.C. 645) to exercise his authority to waive the housed children; however: § 114.52 School facilities accessible to, specified percentage requirement, the ap­ (a) With respect to payments under and usable by, the handicapped. plication will be processed under the Act section 14(a) of the Act, except applica­ School facilities constructed under the and the regulations in this part, taking tions with respect to which the Commis­ into consideration only the established sioner has exercised his authority to Act, shall be to the extent appropriate remote or isolated attendance area; but waive the substantial percentage require­ in view of the uses to be made of the in no case shall payments hereunder ex­ ment in section 14(a)(1), the Federal facilities, accessible to and usable by ceed the cost of construction of minimum share of the cost of a project which will handicapped persons. Plans for construc­ school facilities for the number of be certified for payment shall be equal to tion of minimum school facilities will be children which the Commissioner deter­ but shall not exceed the portion of the evaluated in light of “American Stand­ mines will reside on Indian lands in the cost of constructing minimum school fa­ ard Specifications for Making Buildings approved remote or isolated area and cilities in the school district of the appli­ and Facilities Accessible to, and Usable who will be in membership in the schools cant for the estimated number of chil­ by, the Physically Handicapped,” ap­ of such applicant as of the close of the dren who will be in membership in the proved by the American Standards Asso­ second year following the close of the schools of such applicant at the close of ciation, Inc., and by other standards membership period for which the appli­ the second year following the close of the which the Secretary may prescribe or ap­ cation is filed, and who would otherwise membership period under consideration prove, affecting ease and safety of access, be without such facilities, and which and who will otherwise be without such egress, and use of school facilities by cost has not been, and is not to be, facilities, minus the amount which the handicapped persons, except that the recovered by the applicant from other Commissioner determines to be prac­ design, construction or alteration of sources, including payments by the ticably available to the applicant from school facilities after the effective date United States under any other provisions local (including unused bonding author­ of standards in that regard prescribed of the Act or any other law. ity) , State and other Federal sources, in­ by the Administrator of General Services cluding payments by the United States relating to access to, and use of, such (20 U.S.C. 644) under any other provisions of the Act or facilities by handicapped persons shall §§ 114.36-114.40 [Reserved] any other law. Such payments may be comply with those standards, unless made upon such terms and in such modified or waived by him. Subpart E— Certification of Payments amounts, subject to the provisions of (20 U.S.C. 645; P.L. 90-480) §114.41 Certification of payments. section 14(a) and the regulations in this part, as the Commissioner may consider § 114.53 Excellence of architecture and Payments to an applicant will be made to be in the public interest. design of minimum school facilities. only on the basis of a complete applica­ (b) With respect to payments under tion satisfying conditions for payment Local educational agencies shall give section 14(b) of the Act, except applica­ due consideration to excellence of archi­ under the Act and this part, and will be tions with respect to which the Com­ restricted in amount to the cost of pro­ missioner has exercised his authority tecture and design when constructing viding minimum school facilities for un- to waive the substantial percentage minimum school facilities under the Act.

FEDERAL REGISTER, VOL. 34, NO. 12— FRIDAY, JANUARY 17, 1969 RULES AND REGULATIONS 751

The applicant shall furnish an appro­ Chapter II— Social and Rehabilitation (1) Eligible recipients in families priate assurance to this effect and any Service (Assistance Programs), De­ which receive a money payment (includ­ ing payments for work performed under other evidence that such consideration partment of Health, Education, and has been given as may reasonably be re­ the work incentive program for that quired by the Commissioner. Welfare month), plus PART 237— FISCAL ADMINISTRATION (ii) Other eligible recipients in fam­ (20 Ü.S.C. 645) ilies in whose behalf vendor payments OF FINANCIAL ASSISTANCE PRO­ § 114.54 Flood plains. for medical care are made during that GRAMS In the planning of the construction of month, plus Recipient Count, Federal Financial (iii) Eligible children in foster care not school facilities under the Act, each local otherwise counted in whose behalf a fos­ educational agency shall, in accordance Participation ter care payment or vendor payment for with the provisions of Executive Order Interim Policy Statement No. 7 set­ medical care is made in such month, plus No. 11296 of August 10, 1966 (31 F.R. (iv) Eligible recipients in families not 10663) and such rules and regulations ting forth the regulations with respect to the recipient count for the programs otherwise counted in whose behalf pro­ as may be issued by the Department of tective or nonmedical vendor assistance Health, Education, and Welfare, to carry administered under Titles I, IV-Fart A, X, XIV, and XVI of the Social Security payments are made for such month, not out those provisions, evaluate flood to exceed 10 percent of the total recipi­ hazards in connection with such school Act was published in the F ed e r a l R e g is t e r of July 17,1968 (33 F.R. 10234). ents counted under subdivisions (i), (ii), facilities, and, as far as practicable, and (iii) of this subparagraph. The 10 avoid the uneconomic, hazardous, or un­ Changes in the regulations were made to conform to 45 CFR 203.1(a) and, as percent limitation does not apply with necessary use of flood plains in connec­ respect to individuals for whom protec­ tion with such construction. amended, such regulations are hereby codified by adding a new § 237.50 in Part tive or nonmedical vendor payments are (E.O. 11296) 237 of Chapter II of the Code of Federal made pursuant to section 402(a) (19) (F) § 114.55 Preceding provisions not ex­ Regulations as set forth below. of the Act because there has been a re­ fusal without good cause to accept em­ haustive of jurisdiction of the Com­ § 237.50 Recipient count, Federal finan­ missioner. ployment, work or training. cial participation. (2) The recipient count may include No provisions of this part now or here­ Pursuant to the formulas in sections all eligible children, plus the eligible after promulgated shall be deemed ex­ 3, 403, 1003, 1118, 1121, 1403, and 1603 relative with whom the children are liv­ haustive of the jurisdiction of the Com­ of the Social Security Act, it is necessary ing (as specified in section 406(a) (1) of missioner under the Act. The provisions to identify expenditures that may be in­ the Act). of this part may be modified or further cluded in claims for Federal financial <3) (i) When at least one of the chil­ regulations may be issued hereafter as participation. Except as stated in para­ dren in a family is eligible due to the circumstances may warrant. graphs (a), (b), (c), and (d) of this sec­ incapacity of his parent in the home, the (20 U.S.C. 642) tion, the quarterly statement of expend­ recipient count may include all eligible itures and recoveries which is required children, the parent, and the parent’s §§ 114.56-114.60 [Reserved] for OAA, AFDC, AB, APTD, and AABD spouse with whom the children are living, Subpart G— Retention of Records must include, as a part of the basis for if the needs of such parent and spouse computing the amount of Federal par­ were included in computing the assist­ § 114.61 Retention of records. ticipation in such expenditures, the ance payment. Local educational agencies receiving number of eligible recipients each month. (ii) As used in subdivision (i) of this Federal payments under the Act are re­ However, where the State is making subparagraph, the term “parent” means quired to keep intact all records support­ claims under section 1118 of the Act or the natural or adoptive parent, or the ing claims for such Federal payments under optional provisions for Federal stepparent who was ceremonially mar­ until 5 years after the date of final pay­ sharing specified in such paragraphs no ried to the child’s natural or adoptive ment under the application involved, or recipient count is involved. Vendor pay­ parent and is legally obligated to support until the local educational agency is noti­ ments for medical care may not be con­ the child under State law of general ap­ fied that such records are not needed for sidered if the State has a plan approved plicability which requires stepparents to under title XIX of the Act. The proce­ support stepchildren to the same extent administrative review, whichever occurs dures for determining recipient count that natural or adoptive parents are re­ earlier. The records involved in any are set forth in such paragraphs. quired to support their children; and the claims or expenditures which have been (a) Adult assistance categories. For term “spouse” means an individual who questioned should be further maintained each adult assistance category under is the husband or wife of the child’s own until necessary adjustments have been title I, X, XTV, or XVI, of the Act, the parent, as defined above, by reason of a recipient count for any month may ceremonial or other legal marriage. made and the adjustments have been re­ (4) (i) For periods beginning on or viewed and cleared by the Federal agen­ include : (1) Eligible recipients who receive after January 1, 1968, when at least one cies making such reviews. The Commis­ money payments or in whose behalf pro­ of the children in a family is eligible due sioner does not require that records be tective payments are made for that to the unemployment of his father in the maintained beyond this period unless, month, plus home, the recipient count may include under special circumstances, the grantee (2) Other eligible recipients in whose all eligible children, the father, and his behalf vendor payments for medical wife with whom the children are living, agency is specifically adviséd that certain if the needs of such father and wife were record materials should be retained until care are made during that month, plus (3) Other eligible recipients in whose included in computing the assistance specific questions are settled. behalf payments are made for institu­ payment. (20 U.S.C. 642) tional services in intermediate care fa­ (ii) As used in subdivision (i) of this Dated: December 20,1968. cilities for that month. However, if the subparagraph, \the term “father” means State elects under section 1121(c) of the the. natural or adoptive father, or the P e t e r P . M u ir h e a d , Social Security Act to receive matching stepfather who was ceremonially mar­ Acting U.S. Commissioner on the basis of the Federal medical as­ ried to the child’s natural or adoptive of Education. sistance percentage for these payments, mother and is legally obligated to sup­ Approved: January 6, 1969. then they cannot be included for the port the child under State law of general purpose of the recipient count. applicability which requires stepparents W ilbtjr J . C o h e n , (b) AFDC category. For the ÀFDC to support stepchildren to the same ex­ Secretary of Health, Education, category under title IV, Part A, of the tent that natural or adoptive parents are and Welfare. Act required to support their children; and [F.8. Doc. 69-633; Piled, Jan. 16, 1969; (1) The recipient count for any monththe term “wife” means an idividual who 8:4 8 a.m .] may include: is the wife of the child’s own father, as

FEDERAL REGISTER, VOL. 34, NO. 12— FRIDAY, JANUARY 1 7 , 1 9 6 9 No. 12— P t. 752 RULES AND REGULATIONS defined above, by reason of a ceremonial title XIX, Social Security Act, must pro­ or other legal marriage. vide that: Title 47— TELECOMMUNICATION (5) The recipient count for a month (1) The State or local agency will take in which only a vendor payment is made reasonable measures to ascertain any Chapter I— Federal Communications for medical services furnished to any legal liability of third parties arising Commission eligible child in the family, to any eligi­ after March 31, 1968, for the medical ble relative with whom the child is living, care and services included under the plan, PART 0— COMMISSION or to any of the “essential persons,” may the need for which arises out of injury, ORGANIZATION include all eligible recipients in the fam­ disease, or disability of applicants for or ily in the month that the medical service recipients of medical assistance. PART 97— AMATEUR RADIO SERVICE was received. (2) The State or local agency, in de­ Radio Operator Examination Points (6) Where there are two or more de­ termining whether medical assistance is pendent children living in a place of payable, will treat any third party lia­ In the matter of amendment of § 0.485 residence with two other persons who are bility as a current resource when such (c) and Appendix 1, Part 97, of the Com­ not married to each other and each of liability is found to exist and payment by mission’s rules regarding radio operator such other persons is a relative who has the third party has been made or will be examination points. responsibility for the care and control of made within a reasonable time. The Commission has under considera­ one or more of the dependent children, (3) The State or local agency will not tion a modification of its commercial and there may be two separate AFDC fami­ withhold payment in behalf of an eligible amateur radio operator license examina­ lies for purposes of aid and recipient individual because of the liability of a tion points. count, if neither of such persons is the third party when such liability or the In view of the decreased demand for parent of all the dependent children. amount thereof cannot be currently es­ examinations at the Commission’s an­ (c) Recipient count involving two tablished or is not currently available to nually scheduled examination point categories. Where a vendor payment is pay the individual’s medical expense. located at Butte, Mont., and the in­ made for medical services rendered to an (4) The State or local agency will seek creased demand for examinations located individual in a month in which he was reimbursement from a third party for at Missoula, Mont., it would be in the eligible only under one Federally-aided assistance provided when the party’s lia­ public interest to transfer the examina­ bility is established after assistance is tion point from Butte, Mont., to Mis­ program, the payment may be included soula, Mont. as assistance and the recipient may be granted and in any other case in which the liability of a third party existed, but The amendments herein ordered are counted under such program in the procedural in nature and not substantive month of payment, even though at the was not treated as a current resource. (b) Federal Financial Participation. and therefore compliance with the time of such vendor payment the indi­ procedures required by section 4 of the vidual may be receiving assistance and The State may claim Federal financial participation in expenditures for medical Administrative Procedure Act (5 U.S.C. included in the recipient count under Section 553) is not required. another Federally-aided program. assistance made in accordance with the provisions for consideration of income It is ordered, Pursuant to authority of (d) Essential person: An “essential § 0.261(b) of the Commission’s rules and person” or other ineligible person who is and resources in the approved State plan. Accordingly, since the liability of a third authority contained in sections 4 (i) and living with the eligible person may not be 303 (r) of the Communications Act of counted as a recipient. party is considered as a resource, the State may not include, in the amount 1934, as amended, and pursuant to sec­ (Sec. 1102, 49 Stat. 647,42 U.S.C. 1302) claimed, payments made for medical care tion 3(a) of the Administrative Proce­ dure Act, that § 0.485(c) and Appendix Effective date. The regulations in this and services rendered recipients, arising out of injury, disease, or disability, to the 1, Part 97, of the Commission’s rules be section shall be effective on the date of amended as sét forth below, effective their publication in the F ed e r a l R e g is t e r . extent that: (1) The third party liability constituted a current resource but was January 21, 1969. Dated: January 6,1969. disregarded when such payments were (Secs. 4, 303, 48 Stat., as amended 1066, 1082; 47 U.S.C. 154, 303) J o s e p h H . M e y e r s , made, (2) the agency failed to take rea­ Acting Administrator, Social sonable steps to collect reimbursement Adopted: January 10, 1969. and Rehabilitation Service. from a third party whose liability was subsequently established, or (3) the Released: January 14, 1969. Approved: January 10,1969. agency received funds from a third party F ed e r a l C ommunications W il b u r J . C o h e n , in satisfying his liability to the recipient. C o m m i s s i o n , Secretary. The Federal Government will receive its [ s e a l ] B e n F . W a p l e , [F.R. Doc. 69-644; Filed, Jan. 16, 1969; pro rata share of any funds received in Secretary. 8:4 9 a.m .] instances representing reimbursements from third parties, if Federal participa­ Section 0.485(c) is amended by de­ tion has been claimed. leting from the listing of Annual Ex­ PART 250— ADMINISTRATION OF amination Points the city of “Butte, (c) For purposes of this section, the Montana”, and adding the city of MEDICAL ASSISTANCE PROGRAMS term “third party” includes an individ­ ual, institution, corporation, public or “Missoula, Montana” after the listing of Subpart A— General Great Falls, Mont. private agency who is or may be liable to Appendix 1, Part 97 is amended by P a y m e n t s f o r M e d ic a l S e r v c e s a n d C are pay all or part of the medical cost of injury, disease or disability of an appli­ deleting from the listing of Annual Ex­ b y T h ir d P a r t y amination Points the city of “Butte, cant or recipient of medical assistance. Montana”, and adding the city of Interim Policy Statement No. 2 setting (Sec. 1102, 49 Stat. 647, 42 U.S.C. 1302) forth regulations with respect to pay­ “Missoula, Montana” in appropriate ments for medical services and care by a Effective date. The regulations in this alphabetical order. third party was published in the F ed e r a l section shall be effective on the date of [F .R . D oc. 69-646; F iled , J a n . 16, 1969; R e g is t e r of July 17,1968 (33 F.R. 10228). their publication in the F e d e r a l 8 :4 9 a.m .] No objections having been received from R e g is t e r . any person, such regulations are hereby Dated: December 31,1968. codified as a new section 250.31 of Part [Docket No. 18234; FCC 69-7] M a r y E . S w it z e r , 250, Subpart A, Chapter II of Title 45 of Administrator, Social and PART 87— AVIATION SERVICES the Code of Federal Regulations as set Rehabilitation Service. Frequency Coordination forth below. Approved: January 6, 1969. In the matter of amendment of Part § 250.31 Payments for medical services W il b u r J . C o h e n , 87 of the Commission’s rules to make and care by a third party. Secretary. provision for the establishment of an (a) Requirements for State Plans. A[F.R. Doc. 69-645; Filed, Jan. 16, 1969; industry frequency advisory committee State plan for medical assistance under 8 :4 9 a .m .] for coordination of frequencies in the

FEDERAL REGISTER, VOL. 34, NO. 12— FRIDAY, JANUARY 17, 1969 RULES AND REGULATIONS 753

1435-1535 Mc/s band, Docket No. 18234, cies with the exception of high frequen­ Tl. The VHF flight test frequencies RM 1198. cies is necessary. It is the position of the are authorized for use on a shared basis Report and order. Council that only by proper and effective by an appreciable number of licensees. 1. The Commission on July 3, 1968, coordination can cochannel interference With the continued growth of aviation adopted a notice of proposed rule mak­ be kept to a minimum, and only through and the expanded flight test eligibility, ing in the above-entitled matter (FCC a Commission recognized coordinator can prudence requires that some provision be 68-692) which made provision for the a single contact point in each area exist made to lessen the impact of the ever filing of comments. The notice was pub­ where assignment records are maintained growing number of flight test licensees lished in the F e d e r a l R e g is t e r on July and where all local area users can sched­ and missions. The inclusion of flight test 12, 1968 (33 F.R. 10020). At the request ule operations when absolute interfer­ VHF in the coordination procedures as of the Aerospace and Flight Test Radio ence free communications are essential proposed by AFTRCC and supported by Coordinating Council (AFTRCC), the for mission accomplishment as well as Collins would appear to be a suitable time for filing comments and reply com­ safety of life and property. method. Accordingly, the rules, as set ments was extended to August 26, 1968, 7. AFTRCC points out that these same forth in the appendix, have been modi­ and September 6, 1968, respectively, by advantages are generally true in regard fied to add the requirement for coordina­ order adopted July 31, 1968. to coordination of the HF flight test tion of the flight test VHF band. 2. The notice of proposed rule making channels. It feels, however, that because 12. Both AFTRCC and Collins have was issued in response to a petition filed propagation at high frequencies is such indicated that they do not favor in­ by AFTRCC which requested amend­ that coordination and sharing pose spe­ cluding flight test HF in the coordination ment of Part 87—Aviation Services to cial problems, the Commission should procedures at this time. The reasons ad­ make provision for an industry fre­ take final action in this proceeding only vanced by both commentators and set quency advisory committee for coordina­ with respect to VHF and the band 1435- forth above appear valid; therefore, no tion of frequencies in the 1435-1535 Mc/s 1535 Mc/s and not include HF until such requirement for coordination of flight band. Subsequently, AFTRCC in com­ time as AFTRCC can study the problems test HF is added to the rules at this time. ments filed in Dockets 17870 and 18004 and submit appropriate proposed lan­ Limiting HF flight test licenses to 1 year requested, among other things, that their guage to the Commission to govern co­ as proposed by AFTRCC would cause an petition be expanded to include all flight ordination of flight test HF. Until such added burden to both the Commission test frequencies. The proposals in the HF procedures are developed AFTRCC and licensees. It is recognized, however, notice were limited to the 1435-1535 recommends that the Commission limit that with the limited number of high Mc/s band; however, it was stated that the licensing of flight test HF to periods frequencies available usage could soon comments detailing the need for co­ not to exceed 1 year. load the frequencies so that any coordi­ ordination of all flight test frequencies 8. The Council feels that for effective nation procedures established at a later would be considered. coordination and possible event schedul­ date could be ineffectual especially if 3. Comments were filed by AFTRCC, ing and to maintain accurate records, the grants were to be for 5 years. Accord­ whose membership consists of major advisory committee would have to be in­ ingly, future grants for flight test HF companies in the aerospace manufactur­ formed of all frequencies assigned or ap­ will be limited to 1 year periods until ing field, and Collins Radio Co. Reply plied for in each area. To this end, it further notice. comments were filed by Collins Radio Co. recommends that the advisory commit­ 13. In view of the foregoing: It is The comments are treated in detail in tee, in addition to having knowledge of ordered, Pursuant to the authority con­ the following paragraphs. It is noted existing licensees, be informed when an tained in sections 4(i) and 303 (f) and that AFTRCC has had many years of application is submitted based on a field (r) of the Communications Act of 1934, experience in the informal coordination study, and of the content of such an ap­ as amended, that effective July 1, 1969, in the use of flight test frequencies plication, so that comments may be sub­ Part 87 of the Commission’s Rules is among its members. mitted when appropriate. It further amended as set forth below. It is further 4. AFTRCC has stated that they will recommends that applications for modi­ ordered, That this proceeding is submit, as a separate matter, data in fication be exempt from coordination terminated. support of the proposition that equip­ where frequencies, power, emission, an­ ment for which licensing is requested in tenna heights and antenna locations are (Secs. 4, 303, 48 Stat., as amended 1066, the 1435-1535 Mc/s must meet Inter- not changed. 1082; 47 U.S.C. 154, 303) Range Instrumentation Group Stand­ 9. Collins Radio Co. filed comments Adopted: January 8,1969. ards 106-66. With regard to remaining and reply comments to the AFTRCC Released: January 14, 1969. matters the Council recommends revised comments. Essentially, Collins does not language in the proposed rules and sub­ object to coordination procedures for fre­ F e d e r a l C ommunications mits justification for expanding the rules quencies above 25 Mc/s but feels, like C o m m i s s i o n , to cover coordination of VHF as well as AFTRCC, that coordination of HF at [ s e a l ] B e n F . W a p l e , the band 1435-1535 Mc/s. this time poses significantly different Secretary. 5. AFTRCC feels that under proposed problems. Collins recommends that the language an advisory committee could 1. A new § 87.334 is added to read as language proposed by AFTRCC § 87.334 follows: comment without indicating the fre­ (c) (1)) be amended to remove from com­ quency that could be used with the least mittee consideration the question of § 87.334 Frequency coordination. adverse impact upon existing operations. eligibility. It feels that eligibility is a It proposes, therefore, that the rules be (a) Except as provided in paragraphs matter strictly within the purview of the (b) and (c) of this section each applica­ changed to specify the obligation of the Commission. frequency committee to make the best tion for a new station license or renewal frequency recommendation and to pro­ 10. The Commission feels that the or modification of an existing license vide that the advisory committee may changes proposed by AFTRCC and sup­ concerning frequencies in § 87.331 shall make whatever comment it deems ap­ ported by Collins concerning a require­ ment for a committee to recommend a be accompanied by: propriate concerning interference that (1) A report, based on a field study, might result or other relevant consider­ frequency and other related matters are ations. improvements to the rules as proposed indicating the degree of probable inter­ 6. With respect to expanding the fre­ in the notice that should assure, to the ference to existing stations operating in quency coordination procedures beyond extent possible, maximum frequency co­ the same area. The applicant shall con­ that requested in its original petition, ordination effectiveness. Appropriate sider all non-Govemment stations oper­ AFTRCC feels because of the expanded changes have been made in the rules to reflect these changes proposed by ating on the frequency or frequencies eligibility for the use of flight test fre­ requested or assigned within 200 miles of quencies (Docket 17870) and the ex­ AFTRCC. Concerning eligibility, the pected increased use of these frequencies Commission agrees with Collins that this the proposed area of operation. that the requirement for preassignment is a matter for the Commission and not (2) A written statement that all exist­ coordination for all flight test frequen- a frequency advisory committee. ing licensees within the frequency and

FEDERAL REGISTER, VOL. 34, NO. 12— FRIDAY, JANUARY 17, 1969 754 RULES AND REGULATIONS mileage limits contained in subpara­ (2) Any application involving a fre­ tions. In addition, committee recom­ graph (1) of paragraph (a) of this sec­ quency below 18 Mc/s. mendations may appropriately include tion and the frequency advisory com­ (3) Any application for 121.5 Mc/s. comments on other technical factors and mittee as defined in subparagraph (2) (c) (1) In lieu of the requirements may contain recommended conditions or of paragraph (c) of this section, have specified in paragraph (a) of this sec­ restrictions which it believes should ap­ been notified of the applicant’s inten­ tion, a statement from a frequency ad­ pear on authorization to lessen the tion to file an application shall be in­ visory committee may be submitted. The possibility of interference. cluded with the report. The notice of committee shall comment on the fre­ (2) A frequency advisory committee intention to file shall provide the licens­ quency or frequencies requested or the must be so organized that it is repre­ ees concerned and the advisory com­ proposed changes in the authorized sta­ sentative of all persons who are eligible mittee with the following information: tion and give the opinion of the commit­ for non-Government radio flight test the frequency and emission; transmitter tee regarding the probable interference facilities. A statement of organization, location and power; and, antenna height of the proposal to existing stations. The service area and Composition of the com­ proposed by the applicant. committee shall consider, as a mini­ mittee must be submitted to the Com­ (b) The following applications need mum, all stations operating on the fre­ mission for approval. The functions of not be accompanied by evidence of fre­ quency or frequencies requested or any advisory committee shall be purely quency coordination: assigned within 200 miles of the pro­ advisory in character to the applicant (1) Any application for modification posed area of operation. The frequency and the Commission, and its recom­ advisory committee statement shall also mendations cannot be considered as where the reason for modification does recommend a frequency or frequencies, binding upon either the applicant or the not involve any change in frequency (ies), which in the opinion of the committee, Commission. power, emission, antenna height, antenna will result in the least amount of inter­ [F .R . D oc. 69-647; F iled , J a n . 16. 1969; location or area of operation. ference to proposed and existing sta­ 8 :4 9 a.m .]

FEDERAL REGISTER, VOL. 34, NO. 12— FRIDAY, JANUARY 17, 1969 755 Proposed Rule Making

tions. As amended, § 194.221 reads as ords) as the records of disposition. As DEPARTMENT OF THE TREASURY follows: amended, § 194.226 reads as follows: Internal Revenue Service § 194.221 General requirements as to § 194.226 Records of disposition. distilled spirits. (a) Information required. Every whole­ [ 26 CFR Part 194 ] Except as provided in §§ 194.223 and sale dealer in liquors shall prepare a daily LIQUOR DEALERS 194.224, every wholesale dealer in liquors record of the physical disposition of each shall, daily, prepare records of the physi­ individual lot of distilled spirits, which Notice of Proposed Rule Making cal receipt and disposition, as prescribed record shall show; (1) name and address Notice is hereby given that the regula­ in §§ 194.225 and 194.226, respectively, of of consignee, (2) date of disposition, (3) tions set forth in tentative form below distilled spirits by him, and shall, daily, brand name, (4) kind of spirits, except are proposed to be prescribed by the prepare a recapitulation record, as pre­ that this may be omitted if the dealer Commissioner of Internal Revenue, with scribed in § 194.230, showing the total keeps available for inspection a separate the approval of the Secretary of the wine gallons if in bottles, or proof gal­ list or record identifying “kind” with Treasury or his delegate. Prior to final lons if in packages, of distilled spirits the brand name, (5) number of pack­ adoption of such regulations, considera­ received and disposed of during the day. ages, if any, and number of cases by size tion will be given to any data, views, (72 Stat. 1342, 1395; 26 U.S.C. 5114, 5555) of bottle, and (6) serial numbers of the or arguments pertaining thereto which cases or packages unless the serial num­ P a r . 2. Section 194.225 is amended by bers are available on supporting docu­ are submitted in writing, in duplicate, prescribing consignors’ invoices (or the ments attached to the record of disposi­ to the Director, Alcohol, Tobacco and consignees’ memorandum receiving rec­ tion. Additional information may also be Firearms Division, Internal Revenue ords) and credit memorandums as the Service, Washington, D.C. 20224, within shown. record of receipt. As amended, § 194.225 (b) Form of record. The record pre­ the period of 30 days from the date of reads as follows: publication of this notice in the F e d e r a l scribed by paragraph (a) of this section R egister. Any written comments or sug­ § 194.225 Records of receipt. shall consist of the wholesale dealer’s in­ gestions not specifically designated as (a) Information required. Every whole­ voices (or, where such invoices are not confidential in accordance with 26 CFR sale dealer in liquors shall maintain a available at the time the spirits are re­ 601.601(b) may be inspected by any per­ daily record of the physical receipt of moved, memorandum shipping records son upon written request. Any person each individual lot or shipment of dis­ prepared at the time of removal of the submitting written comments or sugges­ tilled spirits, which record shall show; distilled spirits) which contain all re­ tions who desires an opportunity to com­ (1) name and address of consignor, (2) quired information. Each such invoice ment orally at a public hearing on these date of receipt, (3) brand name, (4) name (or memorandum shipping record) shall proposed regulations should submit his of producer or bottler, (5) kind of spirits, be preprinted with the name and address request, in writing, to the Director. Al­ except that this may be omitted if the of the wholesale dealer in liquors and cohol, Tobacco and Firearms Division, dealer keeps available for inspection a shall be serially numbered in consecutive within the 30-day period. In such a case, separate list or record identifying “kind” order. The wholesale dealer may start a a public hearing will be held and notice with the brand name, (6) quantity ac­ new series of such numbers annually, or, of the time, place, and date will be pub­ on approval of the assistant regional tually received (showing number of pack­ commissioner, more frequently. lished in a subsequent issue of the F e d ­ ages, if any, and number of cases by size eral R e g is t e r . The proposed regulations of bottle, and explaining any difference (72 Stat. 1342; 26 U.S.C. 5114) are to be issued under the authority from the quantity shown on the com­ P a r . 3a. A new section, § 194.226a, is contained in section 7805 of the Internal mercial papers covering the shipment), added immediately following § 194.226, Revenue Code of 1954 (68A Stat. 917; 26 and (7) serial numbers of packages and to provide that the assistant regional U.S.C. 7805). cases. Additional information may also be commissioner may authorize a wholesale [ sea l] S h e l d o n S . C o h e n , shown. liquor dealer to omit case serial numbers Commissioner of Internal Revenue. (b) Form of record. The record pre­ from records of receipt and disposition. scribed by paragraph (a) of this section New § 194.226a reads as follows: In order to: (1) Prescribe the use of shall consist of consignors’ invoices (or, serially numbered commercial invoices where such invoices are not available on § 194.226a Serial numbers of cases. as records of receipt and disposition; (2) the day the shipment is received, memo­ Upon application, the assistant re­ provide that assistant regional commis­ randum receiving records prepared on gional commissioner may authorize a sioners may relieve wholesale liquor the day of receipt of the distilled spirits), wholesale liquor dealer to omit case dealers of the requirement for recording and credit memorandums covering dis­ serial numbers from the records of re­ case serial numbers on records of receipt tilled spirits returned to the dealer, which ceipt prescribed in paragraph (a) of and disposition, until otherwise notified; contain all required information. Each (3) prescribe that wholesale liquor § 194.225 and from the records of dis­ such invoice (or memorandum receiving position prescribed in paragraph (a) of dealers’ reports on Form 338 shall be record) and credit memorandum shall be filed semiannually instead of monthly; § 194.226. The authorization granted un­ (4) permit assistant regional commis­ numbered by thé consignee dealer in the der this section may be withdrawn if, sequence of the physical receipt of the in the opinion of the assistant regional sioners to authorize the preparation of spirits covered thereby. The consignee recapitulation records at intervals less commissioner, recording of serial num­ frequent than daily ; and (5) make cer­ dealer may start a new series of such bers of cases in such records is necessary tain editorial and clarifying changes, the numbers annually, or on approval of the to law enforcement or to the protection regulations in 26 CFR Part 194 are assistant regional commissioner, more of the revenue. frequently. amended as follows: P a r . 4. Section 194.227 is amended Paragraph 1. Section 194.221 is (72 Stat. 1342; 26 U.S.C. 5114) with regard to the manner in which rec­ amended by deleting specific instruc­ P ar . 3. Section 194.226 is amended by ords of receipt and disposition will be tions for preparing records and reports as such instructions are contained in, prescribing the wholesale dealer’s in­ canceled or corrected. As amended, or have been transferred to, other sec­ voices (or memorandum shipping rec­ § 194.227 reads as follows:

FEDERAL REGISTER, VOL. 34, NO. 12— FRIDAY, JANUARY 17, 1969 756 PROPOSED RULE MAKING

§ 194.227 Canceled or corrected records. thereof would unduly hinder the effec­ dered, and the copy shall be retained by Entries on the records of receipt and tive administration of this part or result the dealer. disposition prescribed by §§ 194.225 and in jeopardy to the revenue. The assistant (72 Stat. 1342; 26 U.S.C. 5114) regional commissioner will forward two 194.226 shall not be erased or obliterated. § 194.232 [Deleted.] Correction or deletion of any entry shall copies of the application to the Director be accomplished by drawing a line together with a report of his findings § 194.233 Discontinuance of business. through such entry, and making appro­ and his recommendation. Variations in type and format of records or methods When a wholesale dealer in liquors dis­ priate correction or explanation. If a continues business as such, he shall wholesale dealer in liquors voids an in­ of preparation shall not be employed until approval is received from the render Form 338, covering transactions voice for any reason, all copies thereof from the first day of the 6-month period shall be marked “Canceled” and be filed Director. (b) Requirements. Any information (referred to in § 194.231) in which busi­ as prescribed in § 194.240. If a new in­ ness is discontinued, through the date of voice is prepared, the serial number required by this part to be kept or filed is subject to the provisions of law and this such discontinuance, mark such report thereof shall be noted on all copies of “Final”, and file the form with the assist­ the canceled invoice. part relating to required records and re­ ports, regardless of the form or manner ant regional commissioner within 10 days (72 Stat. 1342; 26 U.S.C. 5114) in which kept or filed. of the date of such discontinuance. Par. 5. Section 194.228 is amended to P ar . 7. Section 194.230 is amended to (72 Stat. 1342; 26 U.S.C. 5114) provide that a wholesale dealer may con­ provide that assistant regional commis­ Par. 10. Section 194.234 is amended to tinue to use his previously approved rec­ sioners, alcohol and tobacco tax, may include the waiver of filing daily or ords of receipt and disposition, and a authorize the preparation of recapitula­ periodic reports on Forms 52A and 52B, related change is made in the section tion records at intervals less frequent transferred from § 194.221, and to sim­ heading. As amended, § 194.228 reads as than daily. As amended, § 194.230 reads plify the instructions for filing such re­ follows: as follows: ports. As amended, § 194.234 reads as § 194.228 Previously prescribed or ap­ § 194.230 Recapitulation records. follows: proved records of receipt and dis­ Every wholesale dealer in liquors shall, § 194.234 Daily reports, Forms 52A position. daily, prepare a recapitulation record and 52B. A wholesale dealer in liquors may con­ showing the total quantities of distilled Except as provided in §§ 194.223 and tinue to use records of receipt and dis­ spirits received and disposed of during 194.224, every wholesale dealer in liquors position in a format previously pre­ the day: Provided, That, upon applica­ shall prepare and submit, daily, a report scribed, or approved for him, provided tion, and on his finding that preparation on Form 52A of all distilled spirits re­ he gives written notice of such intent of the recapitulation daily is not neces­ ceived by him, and on Form 52B of all to the assistant regional commissioner. sary to law enforcement or protection of distilled spirits disposed of by him. The Such records shall show the information the revenue, the assistant regional com­ reports shall be filed with the assistant required by paragraph (a) of § 194.225 missioner may authorize a dealer to pre­ regional commissioner or other officer or paragraph (a) of § 194.226, as appli­ pare such record less frequently until designated by him. Each report shall cable. Such records shall be preprinted otherwise notified. The assistant regional bear the following declaration signed by with the name and address of the whole­ commissioner’s authorization shall spec­ the dealer or iiis authorized agent : ify the intervals at which the recapitula­ sale dealer. Each sheet or page shall I declare under the penalties of perjury bear a preprinted serial number, or page tion shall be prepared and shall provide that this report, consisting o f ------pages, has serial numbers may be affixed in un­ that the authorization may be withdrawn been examined by me and to the best of my broken sequence during the preparation if, in the opinion of the assistant regional knowledge and belief is a true, correct, and or processing of the records. A serial commissioner, preparation of a daily complete report of all thé transactions which number shall not be duplicated with a recapitulation by the dealer is necessary occurred during the period covered thereby, period of 6 months. to law enforcement or to protection of and each entry therein is correct. (72 Stat. 1342; 26 U.S.C. 5114) the revenue. If in any case the assistant regional com­ P ar . 8. The center heading “Daily and missioner shall so authorize, the reports, P ar. 6 . Section 194.229 is amended to Monthly Reports” immediately preceding in lieu of being filed daily, may be filed provide that the Director, Alcohol and § 194.231 is deleted. fer such periods and at such times as he Tobacco Tax Division, may also author­ P ar. 9. In order to provide for the fil­ may deem necessary in the interest of ize variations in type of record, and to ing of the wholesale liquor dealer’s re­ the Government, or, upon application, recognize the use of data processing port, Form 338, semiannually instead of and a finding by the assistant regional equipment. As amended, § 194.229 reads monthly and to delete extraneous ma­ commissioner that such reporting is not as follows; terial, § 194.232 is deleted and §§ 194.231 necessary to law enforcement or protec­ § 194.229 Variations in format, or and 194.233 are amended to read as tion of the revenue, he may relieve a preparation, of record«. follows: dealer from the requirement of prepar­ ing and submitting such daily or periodic (a) Authorization. The Director may § 194.231 Wholesale liquor dealer’s semiannual report, Form 338. reports on Forms 52A and 52B until approve variations in the type and for­ otherwise notified. mat of records of receipt and disposi­ As of the close of business on June 30 tion, or in the methods of preparing such and December 31 of each year, every (68A Stat. 749, 72 Stat. 1342; 26 U.S.C. 6065, records, where it is shown that varia­ wholesale dealer in liquors who is re­ 5114) tions from the requirements are neces­ quired to keep the records prescribed in P ar. 11. Section 194.238 is amended to sary in order to use data processing § 194.221 shall prepare, on Form 338, in conform to the change in the period for equipment, other business machines, or duplicate, a report showing the total which Form 338 is filed, as set forth in existing accounting systems, and will not quantities of distilled spirits received and § 194.231, to delete extraneous material, (1) unduly hinder the effective admin­ disposed of during the 6-month period and to make conforming changes in sec­ istration of this part, (2) jeopardize the ending on such day. If there were no re­ tion references. As amended, § 194.238 revenue, or (3) be contrary to any pro­ ceipts or disposals of distilled spirits dur­ reads as follows: vision of law. A dealer who proposes to ing the period, Form 338 shall be pre­ § 194.238 Requirements when wholesale employ such a variation shall submit pared showing the quantity on hand the dealer in liquors maintains a retail written application so to do, in tripli­ first day of the period and the quantity department. cate, to the assistant regional commis­ on hand the last day of the period and sioner. Such application shall describe marked “No transactions during, period.” (a) When a wholesale dealer in liquors the proposed, variations and set forth The original of Form 338 shall be filed maintains a separate department on Jus the need therefor. The assistant regional with the assistant regional commissioner premises for the retailing of distilled commissioner will determine the need not later than the 10th day of the month spirits, he shall, except as provided m for the variations, and whether approval succeeding the period for which ren­ paragraph (b) of this section, at the

FEDERAL REGISTER, VOL 34, NO. 12— FRIDAY, JANUARY 17, 1969 PROPOSED RULE MAKING 757 time distilled spirits are transferred to that the sequence of numbers cannot be mit written comments, suggestions, or the retail department, prepare a record, readily traced, a control record shall be objections with respect to the proposed as prescribed in § 194.226, showing such maintained by the wholesale dealer, amendments to the Bureau of Indian disposition. Where it is necessary in the which shall key the numerical sequence Affairs, Washington, D.C. 20242, within fling of an order to transfer distilled of the records to their respective dates. 30 days of the date of publication of spirits from the retail department to the Government file copies shall be filed not this notice i n the F e d e r a l R e g is t e r . wholesale department, a record showing later than the close of the business day Section 131.8, paragraph (a) is re­ receipt in the wholesale department next succeeding that on which the trans­ vised to include the Spokane Reserva­ shall be prepared as prescribed in action occurred. Separate files shall be tion and the Swinomish Reservation, § 194.225, and the entire wholesale sale maintained for records of receipt and Wash., the Hualapai Reservation, Ariz., shall be entered on a record of disposi­ for records of disposition. Supporting and the Pueblos of Cochiti, Pojoaque, tion in the same manner as any other documents such as delivery receipts, and Tesuque, and Zuni, N. Mex., among disposition from the wholesale depart­ bills of lading may be filed in accordance those for which 99-year leases have ment. The provisions of this subpart with the wholesaler’s customary practice. been authorized. As revised, § 138.8(a) relating to submission of reports on (72 Stat. 1342; 26 U.S.C. 5114) Forms 52A and 52B are applicable to all reads as follows: transfers between wholesale and retail Par. 14. Section 194.283 is amended to § 131.8 Duration of Leases. departments. The retail department need provide that a wholesale dealer in liquors $ * • * * * not be maintained in a separate room, or shall submit Form 338 relating to export storage transactions semiannually in­ (a) Leases for public, religious, edu­ be partitioned off from the wholesale cational, recreational, residential, or department, but the retail department stead of monthly. As amended, § 194.283 reads as follows: business purposes shall not exceed 25 shall in fact be separate from the whole­ years but may include provisions author­ sale department. § 194.283 Records. izing a renewal or an extension for one (b) Where retail sales of distilled The provisions of Subpart O regarding additional term of not to exceed 25 spirits normally represent 90 percent or records and reports relating to liquors for years, except such leases of land on the more of the volume of distilled spirits domestic use are hereby extended to ex­ Hollywood (formerly Dania) Reserva­ sold, the dealer may, in lieu of the records tion, Fla.; the Navajo Reservation, Ariz., required by § 194.225 keep records, as pre­ port storage transactions permitted scribed in § 194.239 for all retail dealers under the provisions of this subpart: N. Mex., and Utah; the Palm Springs in liquors, and all distilled spirits at the Provided, That an appropriately identi­ Reservation, Calif.; the Southern Ute premises may be considered as having fied separate Form 338, covering export Reservation, Colo.; the Fort Mohave been received in the dealer’s retail de­ storage transactions in distilled spirits, Reservation, Calif., Ariz., and Nev.; the partment. In addition, as prescribed by shall be submitted for each semiannual Pyramid Lake Reservation, Nev.; the § 194.226, he shall prepare records of period in which there are any such trans­ Gila River Reservation, Ariz.; the San disposition on all distilled spirits sold at actions. Carlos Apache Reservation, Ariz.; the wholesale, and shall prepare recapitula­ [F.R. Doc. 69-656; Filed, Jan. 16, 1969; Spokane Reservation, Wash.; the Hua­ tion records of such spirits, as prescribed 8 :5 0 a.m .] lapai Reservation, Ariz.; the Swinom­ in § 194.230. Distilled spirits which have ish Reservation, Wash.; the Pueblos of been considered as having been received Cochiti, Pojoaque, Tesuque, and Zuni, N. in the retail department, and which are Mex.; and land on the Colorado River involved in a wholesale transaction, shall DEPARTMENT OF THE INTERIOR Reservation, Ariz., and Calif., as stated be considered as having been transferred Bureau of Indian Affairs in § 131.18; which leases may be made to the wholesale department at the time for terms of not to exceed 99 years. of sale. The semiannual report on Form [ 25 CFR Part 131 ] * * * * * 338 shall be submitted in accordance LEASING AND PERMITTING T . W . T a y l o r , with the provisions of § 194.231, even if Acting Commissioner. there have been no wholesale transac­ Hualapai, Swinomish, and Spokane [F.R. Doc. 69-611; Filed, Jan. 16, 1969; tions in distilled spirits. Unless relieved Reservations, and Pueblos of Co- of the requirement, pursuant to applica­ 8 :4 6 a.m .] tion under § 194.234, the dealer shall sub­ chiti, Pojoaque, Tesuque, and Zuni mit daily or periodic reports on Forms J a n u a r y 7, 1969. 52A and 52B of all his wholesale liquor Basis and Purpose. This notice is DEPARTMENT OF AGRICULTURE dealer transactions in distilled spirits. published in the exercise of rule- The dealer’s wholesale department need making authority (hereinafter referred Consumer and Marketing Service not be maintained in a separate room or to) delegated by the Secretary of the In­ [ 7 CFR Part 907 1 be partitioned off from the retail terior to the Commissioner of Indian Af­ department. fairs by 230 DM2. Pursuant to the au­ NAVEL ORANGES GROWN IN ARI­ (72 Stat. 1342, 1345, 1395; 26 U.S.C. 5114, 5124, thority vested in the Secretary of the 5555) ZONA AND DESIGNATED PART Interior by sections 161, 463, and 465 of OF CALIFORNIA P ar. 13. Section 194.240 is amended by the Revised Statutes (5 U.S.C. 301; 25 changing the section heading to include U.S.C. 2 and 9), notice is hereby given Notice of Proposed Rule Making With reference to the time of filing specified that it is proposed to amend Part 131, Respect to Expenses and Rate of records and to delete the word “loose- Subchapter L, Chapter I, Title 25, Code of Assessment for 1968—69 Fiscal Year leaf,” and by making a clarifying re­ Federal Regulations by revising para­ statement of the text. As amended, graph (a) of § 131.8 as set forth below. Consideration is being given to the fol­ s 194.240 reads as follows: The purpose of this change is to im­ lowing proposals submitted by the Navel plement long-term leasing authorities Orange Administrative Committee, es­ § 194.240 Time and manner of filing contained in the Acts of June 20, 1968 tablished under marketing agreement, records of receipt and disposition. (82 Stat. 242); October 12, 1968 (82 Stat. as 'amended, and Order No. 907, as One legible copy of each record of re­ 1003); section 6 of the Act of September amended (T CFR Part 907, 33 F.R. 15471), ceipt and each record of disposition re­ 28, 1968 (82 Stat. 884); and section (f) regulating the handling of Navel oranges quired by this subpart shall be marked of the Act of June 10, 1968 (82 Stat. grown in Arizona and designated part of or stamped as “Government File Copy,” 174). and shall be filed chronologically, and It is the policy of the Department of California, effective under the applicable n7ulumerica'l sequence within each date, the Interior, whenever practicable, to provisions of the Agricultural Marketing where the chronological filing of the afford the public an opportunity to par­ Agreement Act of 1937, as amended (7 record of disposition disarranges the ticipate in the rule-making process. Ac­ U.S.C. 601-674), as the agency to admin­ humerical sequence to such an extent cordingly, interested persons may sub- ister the terms and provisions thereof:

FEDERAL REGISTER, VOL. 34, NO. 12— FRIDAY, JANUARY 17, 1969 758 PROPOSED RULE MAKING s * (1) That the expenses that are reason­ 1299; 15 U.S.C. 1453,1455) and the Fed­ Any person interested in this proposal able and likely to be incurred by the eral Food, Drug, and Cosmetic Act (sec. may file written data, views or argu­ Navel Orange Administrative Committee 701, 52 Stat. 1055, as amended; 21 U.S.C. ment concerning it by mailing them to during the period from November 1,1968, \ 371), and under authority delegated to the Director of the Office of Federal through October 31, 1969, will amount the Commissioner of Food and Drugs Contract Compliance, U.S. Department to $300,000 and (2) that there be fixed, (21 CFR 2.120), it is proposed that of Labor, 14th and Constitution Avenue, at $0.01 per carton of oranges» the rate § l.lc(a) (4) be revised to read as follows: Washington, D.C. 20210 within 30 days of assessment payable by each handler after the date of publication of this no­ in accordance with § 907.41 of the afore­ § 1.1c Exemptions from required label statements. tice in the F ed e r a l R e g is t e r . said marketing agreement and order. The proposed Part 20 of 41 CFR 60 All persons who desire to submit writ­ * * * * 4c reads as follows: ten data, views, or arguments in connec­ (a) Foods. * * * tion with the aforesaid proposals should (4) Individually wrapped pieces ofPART 60-20— SEX DISCRIMINATION file same in quadruplicate with the Hear­ “penny candy” shall be, exempt from the GUIDELINES ing Clerk, U.S. Department of Agricul­ labeling requirements of this part when Sec. ture, Room 112, Administration Building, the container in which such candy is 60-20.1 General. shipped is in, conformance with the 60-20.2 Recruitment. Washington, D.C. 20250, not later than 60-20.3 Job policies and practices. the 10th day after publication of this labeling requirements of this part. Simi­ 60-20.4 Training. notice in the F ed e r a l R e g is t e r . All writ­ larly, when individually wrapped pieces 60—20.5 Discriminatory wages. ten submissions made pursuant to this of candy of less than one-half ounce net 60-20.6 Other conditions of employment. notice will be made available for public weight per individual piece are sold in 60-20.7 Employer’s self-analysis. inspection at the office of the Hearing bags or boxes, such individual pieces 60—20.8 Compliance review reports. Clerk during regular business hours (7 shall be exempt from the labeling re­ 60—20.9 Special inquiries. CFR 1.27(b)). quirements of this part, including the re­ Au t h o r it y : The provisions of this Fart quired declaration of net quantity of 60-20 issued pursuant to sec. 201, E.O. 11246 Dated: January 14,1969. contents specified in this part when the (30 F.R. 12319), and E.O. 11375 (32 FA 14303). P a u l A . N ic h o l s o n , declaration on the bag or box meets the Deputy Director, Fruit and Veg­ requirements of this part. Individually § 60—20.1 General. etable Division, Consumer wrapped pieces of gum of less than one- and Marketing Service. half ounce net weight per individual The purpose of the provisions in this piece shall be exempt from the required part is to set forth the interpretations [F.R. Doc. 69-618; Filed, Jan. 16, 1969; declaration of net quantity of contents and guidelines of the Office of Federal 8 :4 7 a .m .j when the container in which such gum Contract Compliance regarding the im­ is shipped is in conformance with the plementation of Executive Order 11375 labeling requirements of this part. for the promotion and insuring of equal DEPARTMENT OF HEALTH, EDU­ Any interested person may, within 30 opportunity for all persons employed or days fromJJie date of publication of this seeking employment with Government contractors and subcontractors or with notice in the F e d e r a l R e g is t e r , file with CATION, AND WELFARE the Hearing Clerk, Department of contractors and subcontractors perform­ ing under Federally-assisted construc­ Food and Drug Administration. Health, Education, and Welfare, Room 5440, 330 Independence Avenue SW., tion contracts, without regard to sex. Ac­ [ 21 CFR Part 1 I Washington, D.C., 20201, written com­ cordingly, these interpretations are to be ments (preferably in quintuplicate) re­ read in connection with existing regula­ ENFORCEMENT REGULATIONS FOR garding this proposal. Comments may tions, set forth in 41 CFR Chapter 60, THE FAIR PACKAGING AND LA­ be accompanied by a memorandum or Part 60-1. BELING ACT brief in support thereof. § 60—20.2 Recruitment. Proposed Exemption Regarding Dated: January 9, 1969. (a) All the affirmative acts of ex­ Chewing Gum panded recruiting which have become J . K . K ir k , familiar under the Equal Employment Notice is given that the National As­ Associate Commissioner Opportunity program of the Office of sociation of Chewing Gum Manufactur­ for Compliance. Federal Contract Compliance (referred ers, 336 Madison Avenue, New York, [F.R. Doc. 69-636; Filed, Jan. 16, 1969; to hereafter as OFCC) have equal appli­ N.Y. 10017, has submitted a petition pro­ 8 :4 8 a.m .] cation here. Recruiters must include, posing that the regulations for the en­ in the itineraries of their recruiting trips, forcement of the Fair Packaging and women’s colleges, and the female stu­ Labeling Act (21 CFR Part 1) be dents of coeducational colleges, techni­ amended to exempt chewing gum in DEPARTMENT OF LABOR cal institutes and high schools. packages containing less than one-half Office of Federal Contract Compliance (b) Written advertisements should be ounce from the declaration of net quan­ designed to attract women by specifically tity of contents required by § 1.8b. [ 41 CFR Part 60-20 1 inviting them to apply for those jobs Grounds given in support- of the pro­ where they are not typically represented. posal are that: SEX DISCRIMINATION Included among the publications in 1. Prior to the amendment of Part 1 Guidelines which these advertisements are placed to add the Fair Packaging and Labeling should be those read predominantly by Act requirements, packages of gum Pursuant to Executive Order 11246 (30 women. F.R. 12319, Sept. 28, 1965) as amended (c) Women workers should be sought weighing less than one-half ounce were by Executive Order 11375 (32 F.R. 14303, exempt from a quantity of contents dec­ for part-time work. Many women with laration requirement by § 1.8 (m) (1) . Oct. 17, 1967), it is proposed to amend valuable skills are excluded from the job Chapter 60 of Title 41 of the Code of market because of the rigidity of the con­ 2. The label on an item weighing less Federal Regulations by adding a new ventional hours of work. Affirmative ac­ than one-half ounce is normally ex­ Part 60-20 to read as set forth below. tion should include a careful examina­ tremely small. Small labels that lacked These are interpetations as to the tion of the company’s work needs so that adequate space for a prominent declara­ requirements with respect to sex discrim­ these women may not be excluded from tion of net contents were also formerly ination imposed upon Government con­ job opportunities. In some cases a re­ exempt under § 1.8(m) (2) and should tractors and subcontractors and upon design of the hours of work may be a use­ now be exempt. Federally-assisted construction contrac­ ful means of more fully utilizing this im­ Accordingly, pursuant to the provi­ tors and subcontractors by Executive Or­ portant labor source. sions of the Fair Packaging and Label­ der 11246 as amended by Executive Or­ (d) Employers should recruit both ing Act (secs. 5(b), 6(a), 80 Stat. 1298, der 11375. sexes for all jobs if it is at all possible to

FEDERAL REGISTER, VOL. 34, NO. 12— FRIDAY, JANUARY 17, 1969 PROPOSED RULE MAKING 759 do so. Advertisement in newspapers and portunity to work in some positions be­ In order to comply with the Executive other publications for employment cause they would have to work 7 days Order these lines should be “merged” should not express a sex preference a week, 8 hours a day, which would vio­ with other (“men’s”) lines on related either by placing the ad in a column late a State law limiting the maximum work. Assume the women are clustered headed “Male” or “Female” or by spe­ hours of work for women. Assume that around the mid-point of the new senior­ cifically mentioning sex in the body of the State law also says that female em­ ity rosters. A simple merger of-the lines the ad, unless the employer relies upon ployees over 18 may be permitted to work would have the result, in a layoff, that valid State law restrictions or justifiable in excess of the statutory limitation on men with more seniority would displace occupational qualifications, discussed in hours, provided that a written request women from their jobs and force them § 60-1.76 of this subpart below. is submitted to the State Secretary of into lower-paid more strenuous ones § 60—20.3 Job policies and practices. Labor, who may authorize such an ex­ which they may be unable or very unwill­ ception after an investigation is made ing to perform. One way of avoiding this (a) Personnel policies must expressly to verify that the women involved in fact harsh result—which may be equitable in indicate that there shall be no discrim­ desire such an exception. Since the max­ some situations—has been to separate all ination against employees on account of imum hours’ statute contains a provision plant jobs into three categories: “A” jobs, sex. If the employer deals with a bar­ for an administrative exception, such an being those primarily of interest to gaining representative for his employees exception must be applied for and denied males; “B” jobs, being those primarily and there is a written agreement on con­ if the employer is to justify continuous of interest to females; and “C” jobs, ditions of employment, this policy must exclusion of women from these positions. those of interest to both males and fe­ be explicitly stated in all written (3) In the absence of a valid State males. Job assignments for men can then agreements. law, no employer’s policies or practices be made to jobs in categories A or C, (b) An employer should not deny em­ should exclude women from specific jobs, while those for women can be made in ployment to women with children or to from working certain hours, or from jobs categories B or C. However, all employees married women unless it has similar ex­ requiring ability to lift and carry weights. have the right to try for jobs designated clusionary policies for men; such a de­ For example, in a terminal of a large for the opposite sex (i.e., men for “B” nial would include the termination of passenger transport company 5 years ago, jobs; women for “A” jobs), provided that female employees, but not males, upon women employees in the baggage depart­ they have the requisite seniority and the attainment of a specific age. More­ ment were transferred out when a State ability to either perform or to learn to over, compliance cannot be achieved by official said that their job required lifting perform the job within a reasonable time. simply instituting restrictive policies more than »the 35-pound limit imposed Thus, when a woman is laid off, she will against the employees of the other sex, by the State law. That State law has been normally be permitted to bump down into e.g., by reducing the wages of male em­ repealed. If the company continues to a “B” or “C” job, but she may ask for an ployees to the level of females doing exclude women from that department, it “A” job if she has the necessary ability substantially identical work. should be found to be out of compliance. and seniority. Likewise, a man who is (c) The employer’s policies and prac­ (4) There are serious questions as to laid off may opt for a “B” job if he has tices must assure equal working condi­ whether at least some of the State laws the necessary ability and seniority for tions to both sexes. Where State laws are discriminatory, rather than merely the job. By a careful selection and dis­ provide special minimum wages, over­ protective of women. This issue is now tribution of jobs into these categories, time pay, or brief rest periods for being raised with respect to some of these much of the inequity of a simple mechan­ women, the benefits of these statutory laws, and subsequent OFCC Guidelines ical merger of lines can be avoided. As in provisions must also be given to men. In will be provided as the Federal position all seniority problems, the employer must addition, the employer may not use. these is developed. develop his own way of taking necessary laws as a basis for refusing to hire (5) Job qualifications for employees of affirmative action. women. Affirmative action programs Government contractors should, in al­ should provide for elimination of any most all cases, have no reference to sex. § 60—20.4 Trainings working conditions which are incon­ In the entertainment world the sex of a (a) The reporting system used in con­ sistent with this principle of equal performer may be important to the job. nection with the Federal Equal Employ­ treatment. However, in Government contract work ment Opportunity program since 1962 (d) The employer should provide sub­ there are few instances where there can makes it clear that women are not typ­ stantially equal physical facilities, in­ be a valid reason to exclude all men or all ically found in significant numbers in cluding accommodations such as rest­ women from any given job. If asserted, management. The 1966 Standard Form room lounges for all employees, unless the contractor would have the burden 100 reports show that, in the textile in­ the employer clearly shows that con­ of proving the justification for this ex­ dustry, women are 44.2 percent of the struction or maintenance would be an ceptional condition. work force but only 4.5 percent of the of­ unreasonable expense. (6) Seniority lines and lists should not ficials and managers. In tobacco they are

FEDERAL REGISTER, VOL 34, NO. 12— FRIDAY, JANUARY 17, 1969 No. 12—Ft. i- -9 760 PROPOSED RULE MAKING as those involving skilled crafts and out­ that such a self analysis could be of simi­ and the proposed amendments are set door work, despite their demonstrated lar value there too. out in the proposed rules. This regu­ abilities as artists, dental and laboratory § 60—20.8 Compliance review reports. lation is proposed under authority of technicians and in harvesting crops. sections 204(a) and 1108(b) of the Fed­ Similarly, men are in many cases not (a) Wherever a compliance review re­ eral Aviation Act of 1958, as amended sought for training where work involves veals that an employer may be in viola­ (72 Stat. 743, 798; 49 U.S.C. 1324, 1508). digital dexterity and fine handwork, de­ tion of a Federal law relating to dis­ Interested persons may participate in spite their record as jewelry makers and crimination on account of sex (particu­ the proposed rule making through sub­ brain surgeons. Both sexes should be rep­ larly title VII of the 1964 Civil Rights mission of twelve (12) copies of written resented in all training programs, and Act and section 6(d) of the Fair Labor data, views, or arguments pertaining affirmative action programs should Standards Act), the possible violation thereto, addressed to the Docket Section, include this goal. should be specifically identified in the Civil Aeronautics Board, Washington, Compliance Review Report, and this in­ § 60—20.5 Discriminatory wages. D.C. 20428. All relevant matter in com­ formation should be promptly forwarded munications received on or before Feb­ (a) The employer’s wage schedules by the agency to OFCC. The Compliance ruary 17, 1969, will be considered by the should not be influenced by the sex of Officer should not discuss the possible the employees. The more obvious dis­ violation of these laws with the em­ Board before taking action on the pro­ crimination is where employees of dif­ ployer. However, the Compliance Officer posed rules. Copies of such communica­ ferent sexes are paid different wages on should deal with all compliance ques­ tions will be available for examination jobs which require essentially equal skill, tions under Executive Orders 11246 and by interested persons in the Docket Sec­ effort and responsibility and are per­ tion of the Board, Room 712 Universal formed under similar working condi­ 11375, and all relevant affirmative action commitments should be specifically set Building, 1825 Connecticut Avenue NW., tions. A more subtle form of such dis­ Washington, D.C., upon receipt thereof. crimination, and perhaps a more per­ forth in his report. vasive form, may occur even though all § 60—20.9 Special inquiries. By the Civil Aeronautics Board. of the employees in one or several related job categories are of the same sex. These (a) It is expected that, at least in the [ s e a l ] M a b e l M cC ar t, are usually women in a “ghetto depart­ first year of implementation of Execu­ Acting Secretary. ment”, and they very often are Negro tive Order 11375 (32 F.R. 14303, Oct. 13, Explanatory statement. Part 375 gov- ' women. A typical situation might be a 1967), certain employment policies and erns the navigation of foreign civil air­ production division of an electrical man­ practices and some State laws will pre­ ufacturing company, with three depart­ craft in the United States otherwise than ments: one (assembly! all female where sent policy questions which should be in accordance with a foreign air carrier the average wage is $2 per hour; another handled quickly. Each Federal agency permit issued under section 402 of the (wiring) all male with a $3.75 average should arrange to communicate these Act. Section 375.42(b) (3) (i) provides wage; and a third (circuit boards), also special inquiries to the OFCC Compliance that permits may be issued for occasional all male, with a $3.70 average wage. The Officer who is assigned to work with that planeload charter flights, usually not to highest wage attainable in the assembly agency. department is $2.50 per hour, but in the exceed six within a year for any one ap­ circuit board and wiring departments, Signed at Washington, D.C., this 14th plicant, where it appears that they are new hires with no previous experience day of January 1969. not within the scope of the applicant’s start at $2.60. Although the jobs in the W ard M cC r e e d y , normal holding out of transportation various departments are not exactly Acting Director. services to the general public. Charters alike, they are comparable, and seem to you not different enough to justify [F.R. Doc. 69-665; Filed, Jan. 16, 1969; that involve solicitation of the general paying the males almost twice as much. 8 :5 0 a m .] public are not authorized. Section 375.43 This is a situation where the employer requires that all flights conducted under must take affirmative action to change such permits must be documented and this questionable practice. CIVIL AERONAUTICS BOARD the documents retained for 2 years, but § 60—20.6 Other conditions of employ­ such record requirements relate pri­ ment. [14 CFR Parts 249, 375 1 marily to cargo operations. (sir) There should be no difference for [Docket No. 20653, EDR-153, SPDR-14] The Board occasionally receives com­ male and female employees in either plaints that participants in passenger mandatory or optional retirement age. PRESERVATION OF AIR CARRIER ACCOUNTS, RECORDS AND MEM­ charters performed under Part 375 per­ (b) Employers should allow a preg­ mits have been solicited from the general nant employee to take a leave of absence ORANDA AND NAVIGATION OF for a reasonable time, and be reinstated FOREIGN CIVIL AIRCRAFT WITHIN public in contravention of the authoriza­ in her original job or to a position of UNITED STATES tion. The Board is unable to investigate like status and pay. the validity of such complaints because Names and Addresses of Passengers § 60—20.7 Employer’s self-analysis. the operators are not specifically required to keep the addressés of passengers, who (a) A familiar method of self audit, J a n u a r y 14,1969. developed in recent years in the Federal Notice is hereby given that the Civil are the primary source of information on Equal Employment Opportunity pro­ Aeronautics Board has under considera­ how the charter was organized. The gram, has been for the employer to com­ tion proposed amendments to Parts 249 Board tentatively finds that permit pare its employees’ education, training, and 375 which would require that op­ holders should be required to obtain from experience and skills. Such an analysis erators of foreign civil aircraft obtain the charterer, and retain for 6 months, has often revealed substantial under­ a passenger manifest showing the names utilization of some employees with passenger manifests containing the minority group identification, and pro­ names and addresses of passengers on and addresses of passengers on flights vided employers with a sound basis for commercial (noncommon carrier) flights originating or terminating in the United upgrading minority group employees. It originating or terminating in the United States. Such manifests would be made is quite clear from aggregate data that States and retain such records for 6 available in the United States upon de­ this must be the situation with respect months. The reasons for the proposal are mand. It also appears that a retention to women also in many companies and explained jn the Explanatory Statement period of 1 year for cargo documents

FEDERAL REGISTER, VOL. 34, NO. 12-—FRIDAY, JANUARY 17, 1969 PROPOSED RULE MAKING 761

would be sufficient for the Board’s in­ P eriod day, it has been advised that the Com­ vestigative purposes, in lieu of the pres­ Category of records to be retained mission’s proposal on which comments ent 2-year retention period. The pro­ 1. True copies of aU 1 year, were to be made, suggests a short spac­ cargo manifests, air ing. It therefore feels it is appropriate posed rule would accordingly amend waybills, invoices, that it review its position thereon, as well Part 249 to reflect this change, in addi­ and other documents covering cargo flights as the alternate proposal which is before tion to providing for a retention period originating or termi­ the Commission, prior to the filing of its of 6 months for passenger manifests. nating in the United comments. Proposed rule. The Board proposes to S ta te s . 1 3. We are of the view that the re­ amend Parts 375 and 249 (14 CFR Parts 2. Copies of all passen- 6 m o n th s. quested additional time is warranted and ger manifests, in­ would serve the public interest. Accord­ 375 and 249) as follows: cluding those filed by ingly, it is ordered, That the time for 1. Amend § 375.43 by revising the in­ charterer showing names and addresses filing comments in this proceeding in the troductory sentence-of paragraph (a), of all passengers, for matter of RM-1335 only is extended to and revising paragraphs (b) and (c) to charter flights origi­ and including February 10, 1969, and read as follows: nating or terminating that for replies to February 20, 1969. in the United States . 2 4, This action is taken pursuant to § 375.43 Keeping of records on com­ 1 Pursuant to § 375.43(b) of the Board’s .authority found in sections 4(i), 5(d) mercial transport operations. Special Regulations, the holder of a permit (1), and 303 (r) of the Communications (a) Cargo documents. The holder of authorizing 1 0 or more cargo flights origi­ Act of 1934, as amended and § 0.281(d) nating in the United States in a 90-day period (8) of the Commission’s rules. a permit for cargo operations issued shall maintain a place in the United States under § 375.42 shall issue a manifest where such documents may be inspected at Adopted: January 10, 1969. any proper time by authorized representa­ Released: January 13, 1969. or shipping document with respect to tives of the Board or the Federal Aviation each shipment which shall contain, but Administration. Records of flights termi­ F ed e r a l C ommunications need not be limited to, the following nating in the United States and flights per­ C o m m i s s i o n , formed pursuant to a permit authorizing information: G eo r g e S . S m i t h , less than 10 flights in any 90-day period Chief, Broadcast Bureau. * * * * * need not be maintained in the United States but shall be made available to the Board [F.R. Doc. 69-648; Filed, Jan. 16, 1969; (b) Retention of cargo documents. upon demand. 8 :4 9 a.m .] The holder of a permit for cargo opera­ 2 Pursuant to § 375.43(c) of the Special tions issued under § 375.42 shall keep, Regulations, all manifests for passenger charter flights shall be made available to the [ 47 CFR Part 74 ] for a period of 1 year, true copies of all Board in the United States upon demand. manifests, air waybills, invoices and [Docket No. 17159, FCC 69-33] [F.R. Doc. 69-629; Filed, Jan. 16, 1969; other traffic documents covering flights 8 :4 7 a.m .] OPERATION OF LOW-POWER FM originating or terminating in the United BROADCAST TRANSLATOR AND States. The holder of a permit authoriz­ BOOSTER STATIONS ing 10 or more flights originating in the United States in a 90-day period shall Notice of Proposed Rule Making maintain a place in the United States In the matter of amendment of Part where such documents may be inspected 74 of the Commission’s rules and regu­ at any proper time by authorized repre­ [ 47 CFR Part 73 ] lations to permit the operation of low- power FM broadcast translator and sentatives of the Board or the Federal [Docket No. 18389; RM-1335] booster stations, Docket No. 17159, RM- Aviation Administration. Records of FM BROADCAST STATIONS 909. flights terminating in the United States FM translators and boosters proposed. and flights conducted pursuant to a per­ Table of Assignments; Porterville, 1. Having considered all the comments mit authorizing less than 10 flights in Calif.; Order Extending Time for filed in response to our Notice of Inquiry any 90-day period need not be main­ Filing Comments and Reply Com­ adopted herein February 1,1967, we pro­ tained in the United States but shall ments pose to authorize FM translators under the appended rules, on which comments be made available to the Board upon In the matter of amendment of § 73.- are invited. demand. 202, Table of Assignments FM Broadcast 2. We note from our experience with (c) Contents and retention of docu­ Stations (Porterville, Calif.; Bottineau, television boosters that operation of ments for passenger flights. The holder N. Dak.; Rhinelander, Wis.; Scobey, these units has not been promising. While of a permit for passenger charters orig­ Mont.; and Humboldt, Idaho, Docket No. we have rules for television boosters, 18389, RM-1335, RM-1338, RM-1339, there are no operating stations of this inating or terminating in the United RM-1347, RM-1351. States issued under § 375.42 shall require type at the present time, and the few 1. In a notice of proposed rule making, experimental operations which did exist each charterer to file with it prior to released November 29, 1968, in this pro­ have long since been eliminated. How­ flight a passenger manifest showing the ceeding (FCC 68-1147), the Commission ever, we recognize that new information names and addresses of all passengers invited comments on a number of pro­ may now be available and also that the to be transported on each flight. All posals to amend the FM Table of Assign­ situation in FM may be different from passenger manifests shall be retained ments, including the assignment of that in television. Accordingly, we invite Channel 262 to Porterville, Calif. The comments also on the desirability of si­ for a period of 6 months and be made time for filing comments was designated multaneously adopting similar rules per­ available to . the Board in the United as January 10, 1969, and that for replies mitting the use of on-channel FM States upon demand. as January 20, 1969. “boosters” (repeating devices which re­ 2. Amend the “Category of Records” 2. On January 9, 1969, Gateway transmit on the same channel on which table in § 249.11 to read as follows: Broadcasters, Inc. (proponent of the the incoming signals are received) as Porterville Class C assignment), filed a well as FM “translators” (which retrans­ § 249.11 Period of preservation of rec­ mit on a frequency different from the ords by holders of foreign civil air­ request for a 30-day extension of time in incoming one). Thus, wherever we refer craft permits. which to file comments. Gateway Broad­ to FM translators herein and in the ap­ * • * • * casters, Inc., states that within the last pendix, it should be understood that we

FEDERAL REGISTER, VOL. 34, NO. 12— FRIDAY, JANUARY 17, 1969 762 PROPOSED RULE MAKING propose the possible adoption, at the signals of FM broadcast stations or of from elsewhere to supplement FM pro­ same time, of counterpart rules author­ other FM translators. An FM translator graming broadcast by a local station, izing and similarly conditioning the use may be used incidentally to relay signals they will be permitted to do so. As with of PM boosters. to other FM translators provided it per­ TV translators, the outside station will The need. 3. FM reception within the forms the basic functions of rendering not be permitted to contribute toward the predicted service contours of FM sta­ service to persons living in its vicinity. costs of putting into operation an FM tions is in some instances rendered un­ 8. Limited originations will be per­ translator carrying the signals of an FM satisfactory or precluded because of in­ mitted at the translator, but those will station into areas outside the 1 mv/m tervening mountains or hills blocking be confined to no more than 20 seconds contour of the station whose signals are line-of-sight transmissions. Satisfactory per hour of matter seeking or acknowl­ rebroadcast and inside the 1 mv/m con­ reception in such “pockets” is also de­ edging financial suport for the transla­ tour of another FM roadcast station. terred by the general absence of promi­ tor. Such announcements may include FM stations would be permitted, how­ nent, outdoor FM receiving antennas advertising messages of contributors. ever, to assist financially or otherwise such as are more often used to provide 9. Only one party expressly disfavored with the operation of such FM TV reception. Poor to nonexistent FM permitting FM translators beyond pre­ translators. reception thus results within the pre­ dicted service contours of regular sta­ Operation (§§ 74.1234 and 74.1266 of dicted service areas of FM stations in tions. Most of those commenting on the the proposed rules). 14. We propose to areas with uneven terrain. Some parties point, while emphasizing the primary permit the operation of FM translators referred also to the absence of FM serv­ need to fill in gaps within normal serv­ without having an operator in constant ice in locations beyond the predicted ice areas, did not appear to favor re­ attendance, subject, however, to the pro­ service areas of FM stations, in places stricting FM translators to that use. One vision of an on-and-off control at a loca­ where a dearth of AM service makes it pleading recommended the use of micro- tion from which the translator can be put all the more desirable that FM service, wave relays, where necessary, to bring promptly in a nonradiating condition in unavailable from regular FM stations, FM service to needful areas too remote case of malfunction or interference. be provided by FM translators. from the main station to permit simple 15. We shall, at the outset, however Frequency assignment (74.1202 of the pickup and direct rebroadcast of the have to require that the operation of FM proposed rules. 4. Until guided by program on another output frequency. translators be placed in the charge of a experience with the service and interfer­ 10. We do not find it desirable to licensed operator. Section 318 of the ence potential of FM translators, and restrict FM translators to gap-filling Communications Act of 1934 precludes unless that experience should indicate within predicted service contours of reg­ waiver by the Commission, of operator otherwise, we believe that only the 20 ular FM stations, provided that in indi­ requirements for broadcast stations, with Class A FM channels should be made vidual cases a need is shown for FM the sole exception of TV translators. The available for translators rebroadcasting translator service farther out. We do not, Commission will seek an amendment the signals of commercial FM stations. however, find that sufficient justification broadening the exception to include FM This should provide ample spectrum has been advanced for allocating spec­ translators. Meanwhile, we shall have to space for the initial establishment of FM trum space at this time for microwave require that FM translator operation be translator^ rebroadcasting the signals transmission of signals from remote FM by an operator holding a restricted radio­ of commercial FM stations. The fact stations to translators, for rebroadcast. telephone operators permit. that the 20 channels available for Class As in the case of television translators, 16. Such operators, who under the pro­ A commercial FM stations are not con­ FM translators which serve adjacent posed rules need not possess technical tiguous, but are distributed among the populations would be permitted to per­ qualifications, will have the minimal duty 80 commercial FM frequencies and are form, additionally, the function of relay­ of observing the operation by listening in in most cases at least four channels (800 ing signals to other translators more re­ at least every 6 hours between 8 a.m. (or kHz) removed from each other will— mote from the originating FM station. such later time as the primary station especially in the outlying areas of greater We think it desirable to assess the results starts the day’s broadcasting) and 10 apparent need—provide for multiple FM of this method before considering the p.m. The operator must be prepared to translator services in the same or neigh­ possible needs for microwave relays of discontinue the operation of the FM boring communities and areas. FM signals to FM translators. translator promptly in case of malfunc­ 5. We propose, also, in keeping with Eligibility and licensing requirements tion or interference. the basic purposes of the reservation of (§ 74.1232 of the proposed rules). 11. We 20 FM channels for noncommercial edu­ find no merit either in confining the li­ Power (§74.1235 of the proposed rules). cational broadcasting, to require that censing of FM translators to the licensees 17. In our notice, we indicated our view, translators rebroadcasting the services of regular FM broadcast stations or in based upon TV translator experience, of noncommercial educational FM sta­ prohibiting such licensees from financing that a power of one watt would appear tions be placed on FM channels No. 201 or owning them. We believe, however, to be sufficient for FM translators through 220. The fact that the 20 FM that it would not be desirable to permit (boosters). Some of the commenting channels reserved for noncommercial FM station licensees to place FM trans­ parties have suggested transmitter pow­ use are contiguous in a single band will lators at locations outside their own 1 ers as high as 20 watts for the purpose of place lower limits cm the numbers of mv/m contours and within the 1 mv/m providing wide area coverage. We be­ translators possible in given areas on contours of another FM broadcast sta­ lieve, however, that these comments are those channels. There is no evidence, tion serving a different principal city. misdirected because we do not envisage however, that the spectrum space thus This would permit FM station licensees, the translator as an instrument for pro­ available for translators rebroadcasting in effect, to increase their audiences and viding wide area coverage but rather as noncommercial FM stations is inade­ service areas in places where they would a device for supplying service to con­ quate to any demand which is visible or compete unfairly with one or more reg­ centrated clusters of population who are, can be anticipated for such translators. ular FM stations without having the generally, without service. Interference (§ 74.1203 of the proposed burden of providing local program 18. It should be recognized that in the rules). 6. As in the case of TV transla­ originations. television broadcast service, the aural tors, we propose to authorize and permit 12. If, owing to conditions of terrain, power of a television broadcast station the continued operation of FM transla­ there are gaps in the service area of an must be not less than 10 nor more than tors only where they cause no inter­ existing FM station, they could more 20 percent of the peak visual power. ference to the direct reception of the sig­ suitably be filled by translators rebroad­ Hence a one watt television translator nals of regular broadcast stations or of casting the signals of the local FM sta­ rebroadcasting such a television signal stations operating in nonbroadcast radio tion. Such translators could be licensed would have an effective aural radiated services. either to a local FM station or to qualified power of less than 0.2 watt. To our Purpose and permissible service (§ 74.- organizations representing the inhab­ knowledge, one watt TV translators have, 1231 of the proposed rules). 7. As with itants of the translator’s service area. in the majority of instances, provided TV translators, FM translators will have 13. Should such citizens’ organizations signals of sufficient intensity. In those the sole function of rebroadcasting the find a need for bringing in FM signals cases where complaint was made, the

FEDERAL REGISTER, VOL. 34, NO. 12— FRIDAY, JANUARY 17, 1969 PROPOSED RULE MAKING 763 reason was usually of noise in the pic­ taken in this proceeding. In reaching its (2) Noncommercial FM translators: ture rather than inadequate aural signal decision, the Commission may also take The channels available for noncom­ to noise ratio. We believe, in light of this into account other relevant information mercial use under § 73.501. past history that until further experi­ before it, in addition to the specific com­ (c) No minimum distance separation ence is gained in this field our rules ments invited by this notice. between FM translators operating on the should be so constructed to limit FM 25. In accordance with the provisionssame channel is specified. However, as­ translators to a transmitter power out­ of § 1.419 of the rules, an original and signments which will obviously result in put of 1 watt. We do this with the ex­ 14 copies of all comments, replies, plead­ mutual interference between translators pectation that, at some installations, ings, briefs, and other documents shall will not be made. high gain transmitting antennas will be be furnished the Commission. (d) Adjacent channel assignments will not be made to FM translators in­ utilized to provide effective radiated Adopted: January 9,1969. powers of 10 to 20 watts for the purpose tended to serve all or part of the same of providing greater coverage in given Released: January 15, 1969. area. directions. F ed e r a l C ommunications §74.1203 Interference^ Other requirements as to operation and C o m m i s s i o n , 1 equipment (§§ 74.1236, 74.1237, 74.1250, (a) FM translators will be authorized C se a l ] B e n F . W a p l e , and permitted to continue to operate 74.1251, 74.1261 through 74.1266, Secretary. 74.1267 through 74.1269, and 74.1281 of only where they cause no interference the proposed rules). 19. The above-cited Subpart L— FM Broadcast Translator to the direct reception of any previously sections of the proposed rules con­ or subsequently authorized FM or TV tain additional, self-explanatory require­ Stations broadcast station or of any nonbroad­ ments as to operation and equipment A p p e n d i x I — D e f i n i t i o n s a n d A l l o c a t io n cast station of any class. FM translators which follow the lines of corresponding o f F r e q u e n c ie s which would hazard such interference rules for TV translators. will-not be authorized. Other rule changes. 20. Apart from the § 74.1201 Definitions. (b) Interference will be considered to adoption of the proposed new Subpart (a) FM translator. A station in the occur whenever reception of a regularly L of Part 74, of the rules, we propose broadcasting service operated for the used signal is impaired by the signals corresponding changes to existing rules, purpose of retransmitting the signals radiated by the translator regardless of including: of an FM broadcast station or another the quality of such reception, the Section 74.15. To provide for license FM translator by means of direct fre­ strength of the signals so used, or the renewal dates for PM translators (and quency conversion and amplification of channel on which the protected signal is PM boosters, if authorized) correspond­ the incoming signals without signifi­ transmitted. ing with those established for TV trans­ cantly altering any characteristics of (c) If an- authorized FM translator is lators in the same States. the incoming signal other than its fre­ found to cause interference prohibited Section 13.61(h) (3). To permit the under paragraph (a) of this section it quency and amplitude, in order to pro­ shall immediately suspend operation holder of a restricted radiotelephone vide FM service to the general public. operator permit to operate FM trans­ until the cause of the interference is (b) Commercial FM translator. An eliminated or until the use of a different lators (and FM boosters, if authorized). FM translator which rebroadcasts the Translators adjacent to Canada. 21. FM channel is applied for and author­ signals of a commercial FM broadcast ized. Short test transmissions may be PM translators (or boosters) will not be station. authorized within 10 miles of the United made during the period of suspended op­ States-Canadian border until arrange­ (c) Noncommercial FM translator. eration to check the efficacy of remedial ments mutually agreeable to the Govern­ An FM translator which rebroadcasts measures. If a complainant refuses to ments of Canada and the United States the signals of a noncommercial FM permit the translator licensee to apply are concluded for interference protec­ broadcast station. remedial techniques which demonstrably tion and notification. (d) Primary station. The broadcast will eliminate the interference without 22. Pursuant to this notice, the Com­ station radiating the signals which are impairment to the original reception, the mission proposes: retransmitted by an FM translator. licensee of the translator is absolved of (a) The adoption of the new rules (e) FM "broadcast station. When used further responsibility. authorizing FM translators, set out in in this Subpart L, the term FM broad­ (d) In each instance where suspen­ Appendix 1 hereto. cast station refers both to commercial sion of operation is required, the licensee (b) The adoption of similar rules and noncommercial educational FM shall submit a full report to the Com­ authorizing FM on-channel boosters. broadcast stations, unless the context mission after operation is resumed, con­ (c) The adoption of corresponding indicates otherwise. taining details of the nature of the inter­ changes to existing rules, such as § 74.15 § 74.1202 Frequency assignment. ference, the source of the interfering relating to license terms and § 13.61(h) signals, and the remedial steps taken to (3) relating to restricted radiotelephone (a) An applicant for a new FM trans­ eliminate the interference. operator permits. lator or for changes in the facilities of (e) The requirements of paragraphs We note the fact that CATV’s, like an authorized translator shall endeavor to select a channel on which its opera­ (a) through (d) of this section shall Proposed FM translators, provide some apply irrespective of whether the chan­ aural programing (see pending notice of tion is not likely to cause interference Proposed rule making in Docket No. to the reception of other stations. The nel occupied by the protected station 18397, 33 F.R. 19028, par. 62). Parties re­ application must be specific with regard was listed in the pertinent table of chan­ sponding to this matter may wish to com- to the frequency requested. Only one re- nel assignments when the FM transla­ oient in this regard. broadcast channel will be assigned to tor was authorized and irrespective of each translator. 23. Authority for the adoption of the whether the protected station was au­ Proposed rules and amendments is con­ (b) Subject to compliance with all the thorized before or after the translator tained in sections 4(i), 4(j), and 303(a), requirements of this subpart, FM trans­ ib), (c), (d), (e), (f), (g), (h), (j), lators may be authorized to operate on was authorized. (1), (n), (o), (q), and (r) of the Com­ the following FM channels regardless of (f) An application for a new FM munications Act of 1934, as amended. whether they are assigned for local use translator station or for changes in the 24. Pursuant to applicable procedures in the Table of FM Assignments facilities of an authorized translator will set out in § 1.415 of the rules, interested (§ 73.202(b)): not be granted where it is apparent that Parties may submit comments on or be­ (1) Commercial FM translators: substantial interference will be caused to fore February 17, 1969, and replies to Class A channels so designated in la«*1 comments on or before March 3, § 73.206(a) (1); another FM translator. If interference 1969. All relevant and timely comments develops between FM translators, the and reply comments will, be considered 1 Commissioner Cox concurring in the problem shall be resolved by mutual Py the Commission before final action is r e su lt. agreement among the licensees involved.

FEDERAL REGISTER, VOL. 34, NO. 12— FRIDAY, JANUARY 17, 1969 764 PROPOSED RULE MAKING

A dministrative P r o c e d u r e tion of the apparatus proposed to be used not bar or limit contributions or support, for such local originations. by any station licensee or permittee or any § 74.1211 Cross Reference. (g) The aural material transmittedother person associated therewith, for the See §§ 74.11 to 74.16. operation or maintenance of a translator, as permitted in paragraph (f) of this whether such support is provided in the L ic e n s in g P o l ic ie s a n d G e n e r a l section shall be limited to seeking or form of financial contributions or by pro­ O p e r a t in g R equirements acknowledging financial support deemed viding operational or maintenance services. necessary to the continued operation of § 74.1231 Purpose and permissible the translator. Accordingly, such origi­ (e) The Commission will not act on service. nations are limited to the solicitation of applications for new FM translators or (a) PM translators provide a means contributions toward defrayal of the for changes in the facilities of an exist­ whereby the signals of PM broadcast costs of installation, operating and ing translator where such changes will stations may be retransmitted to areas maintaining the translator or acknowl­ result in an increase in signal range in in which direct reception of such PM edgments of financial support for those any horizontal direction until 30 days broadcast stations is unsatisfactory due purposes. Such acknowledgments may have elapsed since the date on which to distance or intervening terrain include identification of the contribu­ public notice is given by the Commission barriers. tors, the size or nature of the contribu­ of acceptance for filing of such applica­ (b) Except as provided in paragraphs tions and advertising messages of tion, in order to afford licensees^of exist­ (f) and (g) of this section, an FM trans­ contributors. ing FM broadcast stations an opportu­ lator may be used only for the purpose nity to comment with respect to the ef­ § 74.1232 Eligibility and licensing re­ fect of the proposed translator on their of retransmitting the signals of an FM quirements. broadcast station or another PM trans­ operations. lator station which have been received (a) Subject to the restrictions set ^ 74.1234 Unattended operation. forth in paragraph (d) of this section, a directly through space, converted, and (a) An FM translator may be oper­ suitably amplified. license for an FM translator may be issued to any qualified individual, or­ ated without a licensed radio operator in (c) The transmissions of each FM attendance if the following requirements translator shall be intended for direct ganized group of individuals, broadcast station licensee, or local civil govern­ are met: reception by the general public and any (1) If the transmitter site cannot be other use shall be incidental thereto. An mental body, upon an appropriate showing that plans for financing the in­ reached promptly at all hours and in PM translator shall not be operated all seasons, means shall be provided so solely for the purpose of relaying signals stallation and operation of the translator are sufficiently sound to insure prompt that the transmitting apparatus can be to one or more fixed receiving points for turned on and off at will from a point retransmission, distribution, or further construction of the translator and de­ pendable service for the duration of the which is readily accessible at all hours relaying. licensed period. and in all seasons. (d) The technical characteristics of (b) More than one FM translator may (2) The transmitter shall also be the retransmitted signals shall not be de­ be licensed’ to the same applicant, equipped with suitable automatic cir­ liberately altered so as to hinder recep­ whether or not such translators serve cuits which will place it in a nonradiat­ tion on conventionl PM broadcast substantially the same area, upon an ing condition in the absence of a signal receivers. appropriate showing of need for such on the imput channel. (e) An FM translator shall not de­ additional stations. FM translators are (3) The on and off control, if at a liberately retransmit the signals of any not counted as FM stations for purposes location other than the transmitter site, station other than the station it is of § 73.240 of this chapter, concerning and the transmitting apparatus shall be authorized by license to retransmit. Pre­ multiple ownership. adequately protected against tampering cautions shall be taken to avoid uninten­ (c) Only one channel will be assigned by unauthorized persons. tional retransmission of such other to each FM translator. Additional FM (4) The Commission shall be supplied signals. translators may be authorized to pro­ with the name, address, and telephone (f) A locally generated radio fre­ vide additional reception. A separate number of a person or persons who may quency signal similar to that of an FM application is required for each FM be contacted to secure prompt suspension broadcast station and modulated with translator and each application shall be of operation of the translator should aural information may be connected to complete in all respects. such action be deemed necessary by the the input terminals of an PM translator (d) An authorization for a commer­ Commission. for the purpose of transmitting voice cial FM translator which is intended to (5) In cases where the antenna and announcements. The radio frequency sig­ provide reception to places which are supporting structure are required to be nals shall be on the same channel as the beyond the 1 mv/m contour of the pri­ painted and lighted under the provi­ normally used off-the-air signal being mary station and within the 1 mv/m sions of Part 17 of this chapter, the li­ rebroadcast and the duration of such contour of another commercial FM censee shall make suitable arrangements transmissions shall not exceed 20 sec­ broadcast station assigned to a different for the daily inspection, notification and onds at intervals of no less than one principal city will not be granted to: logging of the obstruction lighting and hour. Connection of the locally generated (1) the licensee or permittee of the associated control equipment as required signals shall be made automatically ei­ distant primary FM broadcast station, or by §§ 17.47, 17.48, and 17.49 of this ther by means of a time-switch or upon (2) an applicant who receives from chapter. receipt of a control signal from the FM the distant FM broadcast station licensee (b) An application for authority to station being rebroadcast designed to or permittee or from any person asso­ construct a new FM translator or to actuate the switching circuit. The switch­ ciated therewith, a direct or indirect fi­ make changes in the facilities of an au­ ing device shall be so designed that the nancial contribution toward any costs thorized translator which proposes un­ translator input circuit will be returned incurred up to the time such translator attended operation shall include an to the off-the-air signal within 20 sec­ commences operation. adequate showing as to the manner of onds. The apparatus used to generate Note 1. The 1 mv/m contour of an PM compliance with this section. the local signal which is used to modu­ broadcast station shall be determined as late the PM translator must be capable provided in § 73.313 of this chapter. • § 74.1235 Power limitations. of producing an aural signal which will Note 2. Financial support prohibited in (a) The power output of the final provide acceptable reception on FM re­ paragraph (d) includes only support for the radio frequency amplifier of an FM ceivers designed for the transmission preparation, filing and prosecution of appli­ translator (except as provided for in standards employed by FM broadcast cations for new FM translators, for the acqui­ paragraph (c) of this section) shall not sition and installation of transmitting and stations. Before commencing origina­ other apparatus employed by such FM trans­ exceed 1 watt. This power may be fed tions authorized in this paragraph, the lators, and for the defrayal of any other into a single transmitting antenna or licensee of the translator shall furnish costs necessary to placing such FM transla­ may be divided between two or more to the Commission a complete descrip­ tors in operation. Paragraph (d) thus will transmitting antennas or antenna arrays

FEDERAL REGISTER, VOL. 3 4 , N O . 1 2 — FRIDAY, JANUARY 1 7 , 1 9 6 9 PROPOSED RULE MAKFNG 765 in any manner found useful or desirable of-sight transmission path to the entire decibels and which will not permit power by the licensee. In individual cases, the area intended to be served and at which output to exceed the maximum rated Commission may authorize the use of there is available a suitable signal from power output under any condition. If a more than one 1-watt final radio fre­ the primary station. The transmitting manual adjustment is provided to com­ quency amplifier at a single PM trans­ antenna should be placed above growing pensate for different average signal lator under the following conditions: vegetation and trees lying in the direction levels, provision shall be made for deter­ (1) Each such amplifier shall be used of the area intended to be served, to min­ mining the proper setting for the control, to serve a different community or area, imize the possibility of signal absorption and if improper adjustment of the con­ which must be described by the name by foliage. trol could result in improper operations, used locally to identify the place. More (b) Consideration should be given to a label shall be affixed at the adjustment than one final radio frequency amplifier accessibility of the site at all seasons of control bearing a suitable warning. will not be authorized to provide service the year and to the availability of facili­ (5) The apparatus shall be equipped to all or a part of the same commu­ ties for the maintenance and operation with automatic controls which will place nity or area. of the PM translator. it in a nonradiating condition when no (2) Each final radio frequency ampli­ (c) Consideration should be given to signal is being received on the input fier shall feed a separate transmitting the existence of strong radio frequency channel, either due to absence of a trans­ antenna or antenna array. The transmit­ fields from other transmitters at the mitter signal or failure of the receiving ting antennas or antenna arrays shall be translator site and the possibility that portion of the translator. The automatic so designed and installed that the out­ such fields may result in the retransmis­ control may include a time delay feature puts of the separate 'radio frequency sion of signals originating on frequen­ to prevent interruptions in the translator amplifiers will not combine to reinforce cies other than that of the primary operation caused by fading or other mo­ the signals radiated by the separate an­ station. mentary failures of the incoming signal. tennas or otherwise achieve the effect Equipment (6) The amplifying devices employed of radiated power in any direction in ex­ § 74.1250 Equipment and installation. in the final radio frequency amplifier cess of that which could be obtained shall be of the appropriate power rating with a single antenna of the same design (a) The transmitting apparatus em­ to provide the rated power output of fed by a radio frequency amplifier'With ployed at an PM translator must be type the translator. The normal operating power output no greater than that au­ accepted. constants for operation at the rated thorized pursuant to paragraph (a) of (b) Transmitting antennas, antennas power output shall be specified. The ap­ this section. used to receive signals to be rebroadcast, paratus shall be equipped with suitable (3) PM translators employing multi­ and transmission lines are not subject to meters or meter jacks so that appropriate ple final radio frequency amplifiers will the requirement for type acceptance. Ex­ voltage and current measurements may be licensed as a single station. ternal preamplifiers may also be used be made while the apparatus is in (b) No limit is placed upon the effec­ provided that they do not cause improper operation. tive radiated power which may be ob­ operation of the translator. (7) Wiring, shielding, and construc­ tained by the use of horizontally or (c) The following requirements must tion shall be in accordance with accepted vertically directive transmitting be met before translator equipment will principles of good engineering practice. antennas. be type accepted by the Commission: (d) Type acceptance will be granted (c) In no event shall the PM translator ( 1 ) The frequency converter and asso­ only upon a satisfactory showing that be operated with power in excess of the ciated amplifiers shall be so designed that the apparatus is capable of meeting the manufacturer’s rating. the electrical characteristics of a stand­ requirements of paragraph (c) of this ard PM signal, including stereophonic section. The following procedures shall § 74.1236 Emissions and bandwidth. subchannel, introduced into the input apply: * (a) The license of an PM translator terminals will not be significantly altered (1) Any manufacturer of apparatus authorizes the transmission of the aural by passage through the apparatus except intended for use at PM translator sta­ signal by frequency modulation (F3 or as to frequency and amplitude. The over­ tions may request type acceptance by F9). v-;.^ all frequency response of the apparatus following the procedures set forth in (b) Standard width PM channels will within its assigned channel when operat­ Part 2, Subpart P, of this chapter. Equip­ be assigned and the transmitting appara­ ing at its rated power output and meas­ ment found to be acceptable by the Com­ tus shall be operated so as to limit spu­ ured at the output terminals, shall pro­ mission will be listed in the “Radio rious emissions to the lowest practicable vide a smooth curve, varying within lim­ Equipment List”, published by the Com­ value. Any emissions including inter­ its separated by no more than 3 decibels. mission. These lists are available for modulation products and radio fre­ (2) Radio frequency harmonics of the inspection at any Field Office of the quency harmonics which are not essen­ output carrier frequency, measured at Commission and at the Washington, tial for the transmission of the desired the output terminals of the transmitter, D.C., offices of the Commission. aural information shall be considered shall be attenuated at least 60 decibels (2) PM broadcast translator appa­ to be spurious emissions. below the fundamental output carrier ratus which has been type accepted by

FEDERAL REGISTER, VOL. 34, NO. 12— FRIDAY, JANUARY 17, 1969 766 PROPOSED RULE MAKING by an unskilled person. Repairs which Technical Operation and Operators (b) The call sign of the translator to­ require the replacement of attached § 74.1261 Frequency tolerance. gether with the name, address, and tele­ components* adjustment of critical cir­ phone number of the licensee or local cuits, or technical measurements shall The licensee of an FM translator shall representative of the licensee if the li­ be made only by a person with the maintain the center frequency at the censee does not reside in the community knowledge and skill to perform such output of the translator within 0.005 served by the translator, shall be dis­ tasks. percent of its assigned frequency. played at the translator site on the struc­ (g) Any tests or adjustments which § 74.1262 Frequency monitors and ture supporting the transmitting an­ require the radiation of signals for their measurements. tenna, so as to be visible to a person completion and which could result in standing on the ground at the transmit­ improper operation of the apparatus, (a) The licensee of an FM translator ter site. The display shall be prepared so shall be made by or under the immediate is not required to provide means for as to withstand normal weathering for supervision of a licensed first or second measuring the operating frequency of a reasonable period of time and shall be class radiotelephone operator. the transmitter. However, only equip­ maintained in a legible condition by the (h) The transmitting antenna may be ment having the required stability ~will licensee. designed to produce either horizontal or be approved for use at an FM translator. vertical polarization. (b) In the event that an FM trans­ § 74.1266 Operator requirements. lator is found to be operating beyond the § 74.1251 Equipment changes. (a) An operator holding a valid re­ frequency tolerance prescribed in § 74.- stricted radiotelephone operator permit (a) No change, either mechanical or 1261, the licensee shall promptly suspend shall observe the operation of the FM electrical, except as provided for in operation of the translator and shall not translator by obtaining reception of its § 2.584 of this chapter, may be made in resume operation until the translator has transmissions as frequently as may be PM translator apparatus which has been been restored to its assigned frequency. necessary to assure proper operation, but type accepted by the Commission without Adjustment of the frequency determin­ in any event within one hour of the time prior authority of the Commission. ing circuits of an FM translator shall be the primary station commences opera­ (b) Formal application. (FCC Form made only by a qualified person in ac­ tion or at 8 a.m., whichever is later, and _____ ) is required for any of the fol­ cordance with § 74.1250(g). thereafter at intervals of not more than lowing changes: § 74.1263 Time of operation. 6 hours. ISxcept as necessary in case of (1) Replacement of the translator as malfunction of the translator, such ob­ a whole except in those cases where the (a) An FM translator is not required servations need not be made between 10 replacement is an identical translator or to adhere to any regular schedule of op­ p.m. and 8 a.m. the following day. is a translator of identical power rating eration. However, the licensee of an FM (b) In the event of malfunction, or and is listed in the Commission’s “Radio translator is expected to provide a de­ upon notice by the Commission, the Equipment List”. The Commission’s of­ pendable service to the extent that such operator shall immediately cause the fice in Washington, D.C., and the Engi­ is within its control and to avoid unwar­ operation of the translator to cease until neer in Charge of the Radio District in ranted interruptions to the service the malfunction is corrected or until the which the translator is located shall be provided. interference or other reason for Commis­ promptly notified of translator replace­ (b) If causes beyond the control of sion notice is corrected. ments made without formal authoriza­ the licensee require that an FM trans­ tion pursuant to the exceptions of this lator remain inoperative for a period in § 74.1267 Marking and lighting of an­ paragraph giving the manufacturer and excess of 10 days, the Engineer in Charge tenna structures. type number of the new translator to­ of the radio district in which the station The markiiig and lighting of antenna gether with a statement certifying that is located shall be notified promptly in structures employed at an FM translator, the new installation is operating in ac­ writing, describing the cause of failure where required, will be specified in the cordance with Commission rules and the and the steps taken to place the trans­ authorization issued by the Commission. terms of the license., lator in operation again, and shall be Part 17 of this chapter sets forth the (2) A change in the transmitting an­ notified promptly when the operation is conditions under which such marking tenna system, including the direction of resumed. and lighting will be required and the radiation or directive antenna pattern. (c) Failure of an FM translator to responsibility of the licensee with regard (3) Any change in the antenna which operate for a period of 30 days or more,’ thereto. will increase the overall height of the except for causes beyond the control of § 74.1263 Additional orders. antenna structure. the licensee, shall be deemed evidence (4) Any change in the location of the of discontinuance of operation and the In cases where the rules contained in translator except a move within the license of the translator will be canceled. this part do not cover all phases of op­ same building or upon the same pole or (d) An FM translator shall not be eration or experimentation with respect tower. • permitted to radiate during extended to external effects, the Commission may (5) Any horizontal change in the loca­ periods when signals of the primary sta­ make supplemental or additional orders tion of the transmitting antenna of more tion are not being retransmitted. in each case as may be deemed necessary. than 500 feet. § 74.1264 Station inspection. § 74.1269 Copies of rules. (6) A change of frequency assignment. The licensee of a television broadcast The licensee of an FM translator shall (7) A change of the primary FM sta­ translator station shall make the sta­ have current copies of Part 73, Part 74, tion being retransmitted. tion and the records required to be kept and in cases where antenna marking is (8) A change of authorized operating by the rules in this subpart available for required, Part 17 of this chapter avail­ power. inspection by representatives of the able for use by the operator in charge, (c) Other equipment changes not Commission. and is expected to be familiar with those specifically referred to above may be rules relating to the operation of an FM made at the discretion of the licensee, § 74.1265 Posting of station license. translator station. Copies of the Com­ provided that the Engineer in Charge of (a) The station license and any other mission’s rules may be obtained from the the radio district in which the FM trans­ instrument of authorization or individ­ Superintendent of Documents, Govern­ lator station is located and the Commis­ ual order concerning the construction of ment Printing Office, Washington, D.C. sion’s Washington, D.C. office are notified the station or the manner of operation 20402, at nominal cost.* in writing upon completion of such shall be kept in the station record file Other Operating Requirements changes, and provided further that the maintained by the licensee so as to be changes are appropriately reflected in available' for inspection upon request to § 74.1281 Station records. the next application for renewal of li­ any authorized representative of the (a) The licensee of an FM translator cense of the FM translator station. Commission. shall maintain adequate station records,

FEDERAL REGISTER, VOL. 34, NO. T2— FRIDAY, JANUARY 1 7 , 1 9 6 9 PROPOSED RULE MAKING 767 including the current instrument of au­ broadcast station or another FM 3. The proposed change in FPC Form thorization, official correspondence with translator. No. 1-M is proposed to be issued under the Commission, maintenance records, [F.R. Doc. 69-649; Filed, Jan. 16, 1969; the authority granted to the Federal contracts, permission for rebroadcasts, 8 :49 a .m .] Power Commission by the Federal Power and other pertinent documents. Act, as amended, particularly sections (b) Where an antenna structure is re­ 309 and 311 thereof (49 Stat. 858 and 859; quired to be painted or illuminated, see 16 U.S.C. 825h and 825j). § 17.49 of this chapter. FEDERAL POWER COMMISSION 4. Any interested person may submit (c) The station records shall be made [ 18 CFR Part 141 1 to the Federal Power Commission, Wash­ ington, D.C. 20426, not later than Febru­ available upon request to any authorized [Docket No. R-356] representatives of the Commission. ary 24, 1969, data, views, and comments (d) Station records shall be retained MUNICIPAL ELECTRIC UTILITIES in writing concerning the matters herein for a period of 2 years. proposed. An original and 14 conformed Sales of Electricity for Resale copies should be filed with the Commis­ § 74.1284 Rebroadcasts. January 8, 1969. sion. In addition, interested persons (a) The term “rebroadcast” means the wishing to have their comments con­ 1. Notice is hereby given pursuant to sidered in the clearance of the proposed reception by radio of the programs or section 4 of the Administrative Procedure other signals of a radio or television report form revision under the provisions Act that the Federal Power Commission of the Federal Reports Act of 1942 may station and the simultaneous or subse­ is proposing to revise Instruction 1. of quent retransmission of such programs the schedule titled “Sales of Electricity at the same time submit a conformed or signals for direct reception by the copy of their comments directly to the for Resale”, contained in Commission Clearance Officer, Office of Statistical general public. Form No. 1-M. The proposed revision Standards, Bureau of the Budget, Wash­ (b) The licensee of an FM translator provides a breakdown between firm ington, D.C. 20503. Submissions to the shall not rebroadcast the programs of power sales supplying a customer’s total Commission should indicate the name any FM broadcast station or other FM system requirements or total require­ and address of the person to whom cor­ ments at a specific point of delivery, and respondence in regard to the proposal translator without obtaining prior con­ firm power sales supplementing the cus­ sent of the station whose signals or pro­ tomer’s own generation or other pur­ should be addressed, and whether the grams are proposed to be retransmitted. chases. person filing them requests a conference The Commission shall be notified of the 2. The aforesaid change in FPC Form at the Federal Power Commission to dis­ call letters of each station rebroadcast No. 1-M is needed to obtain data which cuss the proposed revision in the report and the licensee of the FM translator will be reflected in a new Commission form. The Commission will consider all shall certify that written consent has publication to be titled “Sales of Firm such written submissions before acting Electric Power for Resale”. The wording on the matters herein proposed. been received from the licensee of the of the revision in Instruction 1. to the station whose programs are retrans­ schedule titled “Sales of Electricity for By direction of the Commission. mitted. Resale” is as indicated in the sample page [seal] K enneth F. Plumb, (c) An PM translator is not author­ 5 attached hereto.1 Acting Secretary. ized to rebroadcast the transmissions of 1Form filed as part of the original docu­ [F.R. Doc. 69-597; Filed, Jan. 16, 1969; any class of station other than an FM m e n t. 8 :4 6 a.m .]

FEDERAL REGISTER, VOL. 34, NO. 12— FRIDAY, JANUARY 17, 1969 No. 12—Pt. I----10 768 Notices

The map depicting the boundary of tific article pursuant to section 6(c) of DEPARTMENT OF THE TREASURY Haleakala National Park as hereby ex­ the Educational, Scientific, and Cultural tended and revised is on file and available Materials Importation Act of 1966 (Pub­ Bureau of Customs for public inspection in the Offices of the lic Law 89-651, 80 Stat. 897) and the [TX>. 69-24] National Park Service, Washington, D.C., regulations issued thereunder (32 F.R. 2433 et seq.). TARIFF CLASSIFICATION and in the Office of the Superintendent, Haleakala National Park. A copy of the record pertaining to this Retail Packages of Edible Preparations Stewart L. Udall, decision is available for public review Pursuant to § 16.10a(d), Customs Reg­ Secretary of the Interior. during ordinary business hours of the Department of Commerce, at the Scien­ ulations, the Bureau of Customs gave January 10, 1969. notice in the Federal Register of De­ tific Instrument Evaluation Division, De­ cember 12, 1968 (33 F.R. 18449), that it [F.R. Doc. 69-652; Filed, Jan. 16, 1969; partment of Comhrerce, Washington, would review the existing established and 8 :4 9 a.m .] D.C. uniform practice of classifying various Docket No. 69-00163-01-72000. Appli­ edible preparations containing over 5.5 cant: University of Houston, 3800 Cullen percent by weight of butterfat in item Boulevard, Houston, Tex. 77004: Article: 182.95, Tariff Schedules of the United DEPARTMENT OF AGRICULTURE Weissenberg rheogoniometer, Model R.18. States (TSUS), on the basis that the size Office of the Secretary Manufacturer: Sangamo Controls Ltd., and labeling of the package alone are United Kingdom. Intended use of article: sufficient to show that the product is TENNESSEE The article will be used for undergradu­ ate and graduate laboratory work with packaged for retail sale. This review has Designation of Areas for Emergency been completed and all representations Non-Newtonian Fluids from which vis­ received have been carefully considered. Loans cosity, normal stress, and oscillatory data The review shows that the packaging For the purpose of making emergency could be obtained for polymer solutions and labeling of a product containing over loans pursuant to section 321 of the Con­ and melts. Comments: No comments 5.5 percent by weight of butterfat is not solidated Farmers Home Administration have been received with respect to this sufficient in and of itself to establish that Act of 1961 (7 U.S.C. 1961), it has been application. Decision: Application ap­ the product is packaged for retail sale. determined that in the hereinafter- proved. No instrument or apparatus of Accordingly, it is the decision of the named counties in the State of Tennes­ equivalent scientific value to the foreign Bureau that edible preparations contain­ article, for the purposes for which such see, natural disasters have caused a need article is intended tp be used, is being ing over 5.5 percent by weight of butter­ for agricultural credit not readily avail­ fat will not be considered to be packaged able from commercial banks, cooperative manufactured in the United States. for retail sale and classifiable in item Reasons: The foreign article is capable lending agencies, or other responsible of measuring normal stress as well as 182.95, TSUS, in the absence of satisfac­ sources. viscosity as a function of the shear rate. tory evidence showing that the packages T e n n e s s e e There is no known comparable domestic are in fact chiefly used in the retail C hester. H u m p h reys. instrument being manufactured in the trade. C offee. Lauderdale. United States which has this capability. This ruling shall apply only to such C rock ett. L in co ln . The ability of the foreign article to meas­ articles containing over 5.5 percent by F a y e tte. M adison. weight of butterfat as are entered, or F ra n k lin . M oore. ure normal stress as well as viscosity as a withdrawn from warehouse, for con­ H a in v m a n . S h elb y . function of the shear rate is necessary to sumption after the’expiration of 90 days H ayw ood. T ip to n . the accomplishment of the purposes for H en d erson . W arren. which such article is intended to be used after the date of publication of this rid­ H enry. W eakley. and, therefore, is pertinent to this ing in the weekly Customs Bulletin. Pursuant to the authority set forth purpose. [seal] Lester D. Johnson, above, emergency loans will not be made The Department of Commerce knows Commissioner of Customs. in the above-named counties after June of no other instrument or apparatus of [F.R. Doc. 69-654; Filed, Jan. 16, 1969; 30, 1969, except to applicants who pre­ equivalent scientific value to the foreign 8:49 a .m .] viously received emergency or special article, for the purposes for which such livestock loan assistance and who can article is intended to be used, which is qualify under established policies and being manufactured in the United States. procedures. Charley M. Denton, DEPARTMENT OF THE INTERIOR Assistant Administrator for In­ Done at Washington, D.C., this 14th National Park Service dustry Operations, Business day of January 1969. and Defense Services Admin­ HALEAKALA NATIONAL PARK, Orville L. Freeman, istration. HAWAII Secretary. [F .R . D oc. 69-588; F iled , J a n . 16, 1969; [F.R. Doc. 69-663; Filed, Jan. 16, 1969; 8 :4 5 a.m .] Addition 8 :5 0 a.m .] Notice is hereby given that, pursuant to authority contained in the Act of UNIVERSITY OF ROCHESTER June 20, 1938 (52 Stat. 781; 16 U.S.C. Notice of Decision on Application for 391a-15), and in accordance with pro­ DEPARTMENT OF COMMERCE Duty-Free Entry of Scientific Article visions of the Act of September 13, 1960 Business and Defense Services (74 Stat. 881 ; 16 U.S.C. 396b), the bound­ The following is a decision on an appli­ aries of the Haleakala National Park on Administration cation for duty-free entry of a scientific the island of Maui in Hawaii are ex­ UNIVERSITY OF HOUSTON article pursuant to section 6(c) of the Educational, Scientific, and Cultural Ma­ tended and revised to include approxi­ Notice of Decision on Application for mately 880 additional acres of land, as terials Importation Act of 1966 (Public depicted on a map of that park bearing Duty-Free Entry of Scientific Article Law 89-651,80 Stat. 897) and the regula­ the identification 162-20001, January The following is a decision on an ap­ tions issued thereunder (32 F.R. 2433 et I960, RPSSC. plication for duty-free entry of a scien- seq.).

FEDERAL REGISTER, VOL. 34, NO. 12— FRIDAY, JANUARY 1 7 , 1 9 6 9 NOTICES 769

A copy of the record pertaining to this YALE UNIVERSITY (1) Ultrastructure of the synaptonemal decision is available for public review complex In premeiotic cells of the egg cham­ during ordinary business hours of the Notice of Applications for Duty-Free b er o f Drosophila melanogaster. Department of Commerce, at the Scien­ Entry of Scientific Articles (ii) Ultrastructure of the skin of the lam­ prey eel. tific Instrument Evaluation Division, De­ The following are notices of the re­ (iii) Pine Structure and Reconstruction of partment of Commerce, Washington, ceipt, of applications for duty-free entry the Nucleolus in wild type and the sin ged D.C. .... • • . x of scientific articles pursuant to section m u ta n t o f Drosophila melanogaster. Docket No. 69-00014-33-46040. Appli­ 6(c) of the Educational, Scientific, and (iv) Ultrastructure of the Foot Pad Cells cant: The University of Rochester, Pur­ Cultural Materials Importation Act of o f Sarcophaga "bullata a n d Musca domeStica chasing Department, River Campus Sta­ during cuticle formation. 1966 (Public Law 89-651; 80 Stat. 897). (v) Ultrastructural analysis of mitotic tion, Rochester, N.Y. 14620. Article: Elec­ Interested persons may present their tron microscope, Model Elmiskop 101. patterns in the developing egg chamber of views with respect to the question of th e fes mutant of Drosophila melanogaster. Manufacturer: Siemens AG, West Ger­ whether an instrument or apparatus of (vi) Ultrastructural changes in insect many. Intended use of article: The ar­ equivalent scientific value for the pur­ nervous systems during metamorphosis. ticle will be used for research on the poses for which the article is intended (vii) Cytology of the Vitellogenic stages of structure of macromolecular constituents to be used is being manufactured in the oogenesis in Drosophila melanogaster. of cells and particularly of protein mole­ United States. Such comments must be (viii) Ultrastructure of the synaptonemal cules and their subunits. These include: filed in triplicate with the Director, complex in Drosophila virilis. (1) The proteins ferritin and apoferritin, Scientific Instrument Evaluation Di­ Application received by Commissioner of actin, myosin, several phosphorylases and vision, Business and Defense Services Cilstoms: October 29, 1968. antibody molecules; (2) constituents of Administration, Washington, D.C. 20230, isolated cell particles such as mitochon­ Docket No. 69-00257-81-65500. Appli­ within 20 calendar days after date on cant: State University of New York at dria and chromosomes; (3) inorganic which this notice of application is pub­ compounds of iron such as hydrous fer­ Stony Brook, N.Y., Stony Brook, N.Y. ric oxides, located in cells or tissues; (4) lished in the F e d e r a l R e g is t e r . 11790. Article: Direct current compara­ structural components of viruses and Regulations issued under cited Act, tor potentiometer, Model 9930. Manufac­ bacteria. Comments: No comments have published in the February 4, 1967, issue turer: Guildline Instruments Ltd., Can­ been received with respect to this appli­ of the F ed e r a l R e g is t e r , prescribe the ada. Intended use of article: The article cation. Decision: Application approved. requirements applicable to comments. will be used as an essential potentio- No instrument or apparatus of equivalent A copy of each application is on file, metric system required to support the scientific value to the foreign article, for and may be examined during ordinary graduate research program in aiding such purposes as this article is intended Commerce Department business hours both faculty and students for the College to be used, was being manufactured in at the Scientific Instrument Evaluation of Engineering. The second important the United States at the time the appli­ Division, Department of Commerce, function of this article will be to estab­ cant placed the order for the foreign Washington, D. C. lish a DC Standard system directly article (April 1968). Reasons: (1) The A copy of each comment filed with traceable to National Bureau of Stand­ foreign article provided a guaranteed the Director of the Scientific Instrument ards. Application received by Commis­ resolution of 5 angstroms. The only do­ Evaluation Division must also be mailed sioner of Customs: October 29, 1968. mestic electron microscope available or delivered to the applicant, or its au­ Docket No. 69-00258-01-28200. Appli­ prior to July 1,1968 was the Model EMU- thorized agent, if any, to whose applica­ cant: University of Pittsburgh, Fifth 4 which was manufactured by the Radio tion the comment pertains; and the Avenue and Bigelow Boulevard, Pitts­ Corporation of America (RCA). The RCA comment filed with the Director must burgh, Pa. 15213. Article: Electron spin Model EMU-4 had a guaranteed resolu­ certify that such copy has been mailed resonance spectrometer, Model B-ER tion of 8 angstroms. (The lower the nu­ or delivered to the applicant. 418S. Manufacturer: Bruker-Physik merical rating in terms of angstrom Docket No. 69-00251-01-77030. Appli­ A.G., West Germany. Intended use of units, the better the resolution.) The ad­ cant: Yale University, 20 Ashmun Street, article: The article will be used to study ditional resolution of the foreign article New Haven, Conn, 06520. Article: Nu­ the occurrence of antiferromagnetic or­ is considered pertinent to the purposes clear magnetic resonance spectrometer, dering of transition metal ions in solid for which this article is intended to be Model HFX-3. Manufacturer: Bruker state at temperatures in the liquid used. (2) The foreign article provides ac­ Scientific, Inc., West Germany. Intended helium region, and also for teaching and celerating voltages of 40, 60, 80, and use of article: The article will be used general studies of various materials 100 kilovolts, whereas the RCA Model to determine “C (Carbon 13) chemical which are spin resonance active. Appli­ EMU-4 provided only 50 and 100 kilo­ shifts in mixtures of purine and pyrimi­ cation received by Commissioner of Cus­ volt accelerating voltages. It has been dine bases. These studies will give unique toms: October 30,1968. experimentally established that the volt­ information regarding Watson-Crick Docket No. 69-00259-33-28200. Ap­ age intermediate between 50 and 100 kil­ base-pairing. Also “C nuclear magnetic plicant: University of Pittsburgh, Fifth ovolts provides the optimum contrast for resonance spectra for DNA (deoxyribo­ Avenue and Bigelow Boulevard, Pitts­ negatively stained specimens. Therefore, nucleic acid) itself will be accomplished. burgh, Pa. 15213. Article: Electron spin the additional accelerating voltage of In addition, active site studies of 20 resonance instrument, Model B-ER the foreign article is pertinent. umolar solutions of thymidine triphos­ 418S. Manufacturer: Bruker-Physik AG, For these reasons, we find that the phate and 1-(2-deoxy-Beta-dextrose- West Germany. Intended use of article: RCA Model EMU-4 is not of equivalent ribofuranosyl) -5-iodouracil triphosphate The article will be used for both teaching scientific value to the foreign article for with enzyme thymidine kinase are and research purposes in the fields of the purposes for which such article is planned. Application received by Com­ hiomedical sciences for the following: intended. missioner of Customs: October 29, 1968. 1. To determine the exact orientation of The Department of Commerce knows Docket No. 69-00255-33-46040. Appli­ the heme groups in both normal and ab­ of no other instrument or apparatus of cant: Northwestern University, Cresap normal human hemoglobins in the form of equivalent scientific value to the foreign Biology Laboratory, Evanston, 111. 60201. single crystal in both ferro—and ferric states. article, for such purposes as this article 2. To use the spin-labelled technique to Article: Electron microscope, Model HS- investigate the conformations of important is intended to be used, which was being 8. Manufacturer: Hitachi, Ltd., Japan. manufactured in the United States and biological systems, such as a nucleic acids, available at the time the applicant placed Intended use of article: The article will proteins, and cell membranes. the order for the foreign article. be used for both educational and re­ search purposes. Educational use will in­ The Spectrometer will be used for teaching and research in other areas of C h a r l e y M . D e n t o n , clude a course in submicroscopic mor­ Assistant Administrator for In­ biochemistry and biophysics in the near dustry Operations, Business phology—a four credit one quarter course future. Application received by Commis­ and Defense Services Admin­ offered to graduate students. sioner of Customs: October 30,1968. istration. The following research projects will Docket No. 69-00260-01-07520. Appli­ IPJt. Doc. 69-589; Piled, Jan. 16, 1969;' be carried out using the electron cant: The Johns Hopkins School of Med­ 8 :4 5 a m .] microscope: icine, 725 North Wolfe Streets, Baltimore,

FEDERAL REGISTER, VOL 34, NO. 12— FRIDAY, JANUARY 17, 1969 770 NOTICES

Md. 21205. Article: Batch microcalori­ (3) Investigations on the effect of chemo­ Office of the Secretary meter, Model LKB 10700-2B. Manufac­ therapeutic agents on the ultrastructure, turer: LKB Produkter AB, Sweden. In­ particularly the cell membranes and matrices [Dept. Order 83, Arndt. 3] of the above mentioned hemoprotozoan para­ tended use of article: The article will be sites, using both stained and unstained ORGANIZATION CHART used to measure the heats of various pro­ sp e cim en s. Effect on Other Orders tein reactions such as conformational (4) Studies on the host cell and parasite changes and substrate binding. In addi­ interface to evaluate the effect of certain The following amendment to the order tion to these protein studies similar stu­ macro-molecules which bring about a state was issued by the Secretary of Commerce dies of nucleic acids and lipid systems of immunological tolerance within the host, on December 31, 1968. This material fur­ are also being considered. The necessity using negative staining techniques. ther amends the material appearing at to measure small quantities of heats pre­ Application received by Commissioner of 32 F.R. 13422 of September 23, 1967; 32 cisely in the reactions just mentioned us­ Customs: October 31, 1968. F.R. 20819 of December 27, 1967; and 33 ing small quantities of material require Docket No. 69-00263-00-41200. Appli­ F.R. 4894 of March 22, 1968. Department Order 83, dated Septem­ a microcalorimeter of very high precision. cant: Health Research Inc., Roswell Park Application received by Commissioner of ber 13, 1967, is hereby further amended Division, 666 Elm Street, Buffalo, N.Y. as follows: \ Customs: October 30,1968. 14203. Article: Klystron tube, Type VC- In sec. 6. Effect on other orders, para­ Docket No. 69-00261-33-46040. Appli­ 104. Manufacturer: Varian Associates graph .02 is revised to read: cant: U.S. Department of Agriculture, of Canada Ltd., Canada. Intended use of “.02 The attached organization chart, Animal Disease & Parasite Research Di­ article: The article will be used as a, dated December 31, 1968, supersedes the organization chart of the U.S. Depart­ vision, Agricultural Research Center, component to an existing instrument for Beltsville, Md. 20705. Article: Electron ment of Commerce (attachment to De­ the study of radiation damage in organs partment Order 83 of September 13, microscope, Model EM 200. Manufac­ and biological materials. The scope of 1967), dated March 11, 1968.” turer: Philips Electronic Instruments, this work extends to the study of radia­ The revised chart reflects the following The Netherlands. Intended use of article: tion protection measures as well. Appli­ changes: The title of the “Assistant to The article will be used for a broad and the Secretary” is changed to the “Ex­ cation received by Commissioner of ecutive Assistant to the Secretary”; the continuing program of research which Customs: November 5, 1968. has the following objectives: establishment of the position of the Spe­ C h a r l e y M . D e n t o n , cial Assistant to the Secretary for (1) Studies on the ultrastructure of the Assistant Administrator for In­ Regional Economic Coordination; and intraerythrocytic hemoprotozoan parasites the establishment of the Office of Pro­ Anaplasma marginale, Babesia caballi, a n d dustry Operations, Business Babesia equi. and Defense Services Admin­ gram Planning. (2) Identification and characterization of istration. D a vid R . B a l d w in , the above parasites within their arthropod [F.R. Doc. 69-590; Filed, Jan. 16, 1969; Assistant Secretary v ecto rs. 8 :4 5 a .m .] for Administration:

U.S. DEPARTMENT OF COMMERCE

DtMmltf 31,1968 Amendment 3 to do 83 [F.R. Doc. 69-591; Filed, Jan. 16, 1969; 8:45 am .]

FEDERAL REGISTER, VOL. 34, NO. 12— FRIDAY, JANUARY 17, 1969 NOTICES 771

publication of this announcement in the Holders of the new-drug applications DEPARTMENT OF HEALTH, EDU­ Federal Register to submit adequate are provided 6 months from the date of documentation in support of the labeling publication of this announcement in the CATION, AND WELFARE used. F ederal Register to submit adequate Written comments regarding this an­ documentation in support of the label­ Food and Drug Administration nouncement, including request for an ing used. GENERAL MILLS, INC. informal conference, may be addressed Written comments regarding this an­ to the Bureau of Veterinary Medicine, nouncement, including request for an in­ Notice of Filing of Petitions for Food Food arid Drug Administration, 200 C formal conference, may be addressed to Additives Street SW., Washington, D.C. 20204. the Bureau of Veterinary Medicine, Food The holder of the new-drug application and Drug Administration, 200 C Street Pursuant to the provisions of the Fed­ for the drug listed above has been mailed SW., Washington, D.C. 20204. eral Food, Drug, and Cosmetic Act (sec. a copy of the NAS-NRC report. Any The holder of the new-drug application 409(b)(5), 72 Stat. 1786; 21 U.S.C. 348 manufacturer, packer, or distributor of (b) (5)), notice is given that petitions for the drug listed above has been mailed a drug of similar composition and label­ a copy of the NAS-NRC report. Any (FAP 9B2377, 9B2378) have been filed by ing to the drug listed in this announce­ General Mills, Inc., 2010 East Hennepin manufacturer, packer, or distributor of a ment or any other interested person may drug of similar composition and labeling Avenue, Minneapolis, Minn. 55413, pro­ obtain a copy of the NAS-NRC report by posing the issuance of a food addditive to the drug listed in this announcement writing to the Food and Drug Adminis­ or any other interested person may ob­ regulation (21 CFR Part 121) to provide tration, Press Relations Office, 200 C for the safe use of hydroxypropyl guar tain a copy of the NAS-NRC report by Street SW., Washington, D.C. 20204. writing to the Food and Drug Adminis­ gum and sodium ©arboxymethyl guar This notice is issued pursuant to the gum as optional components of paper tration, Press Relations Office, 200 C provisions of the Federal Food, Drug, Street SW., Washington, D.C. 20204. and paperboard intended for food- and Cosmetic Act (secs. 502, 505, 52 Stat. contact use. 1050-53, as amended; 21 U.S.C. 352, 355) This notice is issued pursuant to the provisions of the Federal Food, Drug, Dated: January 8, 1969. and under authority delegated to the Commissioner of Food and Drugs (21 and Cosmetic Act (secs. 502, 505, 52 Stat. R . E . D u g g a n , CFR 2.120). 1050-53, as amended; 21 U.S.C. 352, 355) Acting Associate Commissioner and under authority delegated to the for Compliance. Dated: January 9, 1969. Commissioner of Food and Drugs (21 (F.R. Doc. 69-637; Filed, Jan. 16, 1969; Herbert L. Ley, Jr., CFR 2.120). 8 :4 8 a .m .] Commissioner of Food and Drugs. Dated: January 9,1969.

[F.R. Doc. 69-638; Filed, Jan. 16, 1969; Herbert L . L e y , J r ., BLOAT REMEDY 8 :4 8 a.m .] Commissioner of Food and Drugs. Drugs for Veterinary Use— Drug Effi­ [F.R. Doc. 69-639; Filed, Jan. 16, 1969; COECOLYSIN BENGAN 8 :4 8 a.m .] cacy Study Implementation The Food and Drug Administration* Drugs for Veterinary Use— Drug Effi­ has received and evaluated a report from cacy Study Implementation DR. MAYFIELD 3WC the National Academy of Sciences—Na­ The Pood and Drug Administration has Drugs for Veterinary Use— Drug Effi­ tional Research Council, Drug Efficacy evaluated a report received from the Na­ cacy Study Implementation Study Group, on. the following prepara­ tional Academy of Sciences—National tion: Bloat Remedy; contains 10 percent Research Council, Drug Efficacy Study The Food and Drug Administration has weight-to-volume of pelargonic acid, 10 Group, on the following preparation: evaluated a report received from the Na­ percent weight-to-volume of propylene Coecolysin Bengan; contains active or­ tional Academy of Sciences—National glycol laurate, and 45 percent by volume ganic substance extracted from the walls Research Council, Drug Efficacy Study of isopropyl alcohol; manufactured by of horse and bovine intestines; marketed Group, on the following preparation: Dr. Chas. Pfizer & Co., 235 East 42d Street, by Dr. Stephen Jackson, 7801 Woodmont Mayfield 3WC; contains 5 percent diam­ New York, N.Y. 10017. Avenue, Washington, D.C. 20014. monium arsenate; marketed by Dr. The Food and Drug Administration The Academy has evaluated this drug Mayfield Laboratories, 1209 South Main concurs with the conclusions of the as probably not effective for increasing Street, Charles City, Iowa 50616. Academy that the preparation is prob­ peristalsis of the gastrointestinal tract The Academy concluded that this ably not effective as a bloat remedy and in horses, cattle, sheep, hogs, and dogs. preparation is probably not effective for that evidence is insufficient to support More data are necessary to justify the the removal of large roundworms (As- the claim for effectiveness in bloat. claim. Trie Food and Drug Administra­ caridia) in chicken broilers and that no This evaluation of the drug is con­ tion concurs in the evaluation. data are available to support effiicacy cerned only with its effectiveness and This evaluation of the drug is con­ claims. The Food and Drug Administra­ safety to the animal to which it-is ad­ cerned only with its effectiveness and tion concurs with the conclusions of the ministered. It does not take into account safety to the animal to which it is ad­ Academy. the safety for food use of food derived ministered. It does not take into account This evaluation of the drug is con­ from drug-treated animals. Nothing in the safety for food use of food derived cerned only with its effectiveness and this announcement will constitute a bar from drug-treated animals. Nothing in safety to the animal to which it is ad­ to further proceedings with respect to this announcement will constitute a bar ministered. It does not take into account questions of safety of the drug or its to further proceedings with respect to the safety for food use of food derived metabolites as residues in food products questions of safety of the drug or its from drug-treated animals. Nothing in derived from treated animals. metabolites as residues in food products this announcement will constitute a bar This announcement is published (1) derived from treated animals. to further proceedings with respect to to inform the holders of new-drug ap­ This announcement is published (1) questions of safety of the drug or its plications of the findings of the Academy to inform the holders of new-drug appli­ metabolites as residues in food products and of the Food and Drug Adminis­ cations of the findings of the Academy derived from treated animals. , tration and (2) to inform all interested and of the Food and Drug Administra­ This announcement is published (1) Persons that such articles to be marketed tion and (2) to inform all interested to inform the holders of new-drug appli­ must be the subject of approved new- persons that such articles to be marketed cations of the findings of the Academy drug applications and otherwise comply and of the Food and Drug Administration with all other requirements of the must be the subject of approved new- and (2) to inform all interested persons Federal Food, Drug, and Cosmetic Act. drug applications and otherwise comply that such articles to be marketed must be Holdens of the new-drug applications with all other requirements of the Fed­ the subject of approved new-drug appli­ are provided 6 months from the date of eral Food, Drug, and Cosmetic Act. cations and otherwise comply with all

FEDERAL REGISTER, VOL. 34, NO. 12— FRIDAY, JANUARY 17, 1969 772 NOTICES other requirements of the Federal Food, and (2) to inform all interested persons metabolites as residues in food products Drug, and Cosmetic Act. that such articles to be marketed must derived from treated animals. Holders of the new-drug applications be the subject of approved new-drug ap­ This announcement is published (1) to are provided 6 months from the date of plications and otherwise comply with all inform the holders of new-drug applica­ publication of this announcement in the other requirements of the Federal Food, tions of the findings of the Academy and Federal Register to submit adequate Drug, and Cosmetic Act. of the Food and Drug Administration documentation in support of the label­ Holders of the new-drug applications and (2) to inform all interested persons ing used. are provided 6 months from the date of that such articles to be marketed must Written comments regarding this an­ publication of this announcement in the be the subject of approved new-drug nouncement, including request for an in­ Federal Register to submit adequate applications and otherwise comply with formal conference, may be addressed to documentation in support of the labeling all other requirements of the Federal the Bureau of Veterinary Medicine, Food used. Food, Drug, and Cosmetic Act. and Drug Administration, 200 C Street Written comments regarding this an­ Holders of the new-drug applications SW., Washington, EÎ.C. 20204. nouncement, including requests for an are provided 6 months from the date of The holder of the new-drug applica­ informal conference, may be addressed publication of this announcement in the tion for the drug listed above has been to the Bureau of Veterinary Medicine, Federal Register to submit adequate mailed a copy of the NAS-NRC report. Food and Drug Administration, 290 C documentation in support of the labeling Any manufacturer, packer, or distributor Street SW., Washington, D.C. 20204. used. of a drug of similar composition and The holder of the new-drug application Written comments regarding this an­ labeling to the drug listed in this an­ for the drug listed above has been mailed nouncement, including request for an nouncement or any other interested per­ a copy of the NAS-NRC report. Any informal conference, may be addressed to son may obtain a copy of the NAS-NRC manufacturer, packer, or distributor of the Bureau of Veterinary Medicine, Food report by writing to the Food and Drug a drug of similar composition and label­ and Drug Administration, 200 C Street Administration, Press Relations Office, ing to that drug or any other interested SW., Washington, D.C. 20204. 200 C Street SW., Washington, D.C. person may obtain a copy of the report The holder of the new-drug applica­ 20204. by writing to the Food and Drug Admin­ tion for the drug listed above has been This notice is issued pursuant to the istration, Press Relations Office, 200 C mailed a copy of the NAS-NRC report. provisions of the Federal Food, Drug, and Street SW., Washington, D.C. 20204. Any manufacturer, packer, or distributor Cosmetic Act (secs. 502, 505, 52 Stat. This notice is issued pursuant to the of a drug of similar composition and 1050-53, as amended; 21 U.S.C. 352, 355) provisions of the Federal Food, Drug, and labeling to the drug listed in this an­ and under authority delegated to the Cosmetic Act (secs. 502, 505, 52 Stat. nouncement or any other interested per­ Commissioner of Food and Drugs (21 1050-53, as amended; 21 U.S.C. 352, 355) son may obtain a copy of the NAS-NRC CFR 2.120). and under authority delegated to the report by writing to the Food and Drug Dated: January 9,1969. Commissioner of Food and Drugs (21 Administration, Press Relations Office, CFR 2.120). 200 C Street SW., Washington, D.C. Herbert L. Ley, Jr., Commissioner of Food and Drugs. Dated: January 9,1969. 20204. This notice is issued pursuant to the [F.R. Doc. 69-640; Filed, Jan. 16, 1969; Herbert L. Ley, Jr., Commissioner of Food and Drugs. provisions of the Federal Food, Drug, and 8 :4 8 a.m .] Cosmetic Act (secs. 502, 505, 52 Stat. [F.R. Doc. 69-641; Filed, Jan. 16, 1969; 1050-53, as amended; 21 U.S.C. 352, 355) 8 :4 8 a.m .] PURGOLETTES and under authority delegated to the Commissioner of Food and Drugs (21 Drugs for Veterinary Use— Drug TRIVERMOL CFR 2.120). Efficacy Study Implementation Dated: January 9,1969. Drugs for Veterinary Use— Drug Effi­ The Food and Drug Administration cacy Study Implementation Herbert L. Lby, Jr., has evaluated a report received from the Commissioner of Food and Drugs. National Academy of Sciences—National The Food and Drug Administration has Research Council, Drug Efficacy Study evaluated a report received from the Na­ [F.R . D oc. 69-642; F iled , J a n . 16, 1969; Group, on the following preparation: tional Academy of Sciences—National 8 :4 8 a.m .] Purgolettes; contains 150 milligrams Research Council, Drug Efficacy Study of diacetyldioxyphenylisatin (acetphe- Group, on the following preparation: nolisatin) per bolette; marketed by Tfivermol; contains 0.2 gram of copper ATOMIC ENERGY COMMISSION Norden Labs., Inc., Lincoln, Nebr. 68501. sulfate, 0.2 gram of nicotine sulfate, 0.2 The Academy concludes (1) that this gram of copper acid arsehate, 1.0 cubic [Docket No. 50-274] drug is probably not effective as'a pur­ centimeter of carbon tetrachloride, and GEOLOGICAL SURVEY, DEPARTMENT gative for cattle, horses, sheep, and swine 3.0 cubic centimeters of mineral oil per OF THE INTERIOR and (2) that the claims made for the each 10 cubic centimeters of aqueous drug are inappropriate and unwarranted suspension; marketed by Jensen-Sals- Notice of Proposed Issuance of Facility for the above species in the absence of bery Laboratories, Kansas City, Mo. License sound documentation. The Food and 64141. The Atomic Energy Commission (“the Drug Administration concurs with the The Academy has evaluated this drug Commission”) is considering the issu­ conclusions of the Academy. as probably not effective for oral use in ance of a facility license, substantially This evaluation of the drug is con­ sheep, goats, lambs, and kids against in the form set forth below, to U.S. cerned only with its effectiveness and nematodes, tapeworms, and flukes. Avail­ Geological Survey, Department of the safety to the animal to which it is ad­ able data are inadequate to support effi­ Interior (USGS) which would authorize ministered. It does not take into account cacy claims for this combination of in­ the possession, use, and operation of a the safety for food use of food derived gredients. The Food and Drug Adminis­ TRIGA Mark I type nuclear research from drug-treated animals. Nothing in tration concurs in the evaluation. reactor facility at steady-state power this announcement will constitute a bar This evaluation of the drug is con­ levels up to 1,000 kilowatts (thermal) on to further proceedings with respect to cerned only with its effectiveness and its Federal Center site in Denver, Colo. questions of safety of the drug or its safety to the animal to which it is ad­ Construction of the reactor was author­ metabolites as residues in food products ministered. It does not take into account ized by Construction Permit No. CPRR- derived from treated animals. the safety for food use of food derived 102 issued October 10, 1967. This announcement is published (1) to from drug-treated animals. Nothing in inform the holders'of new-drug applica­ this announcement will constitute a bar Prior to issuance of the license, the tions of the findings of the Academy and to further proceedings with respect to facility will be inspected by representa­ of the Food and Drug Administration questions of safety of the drug or its tives of the Commission to determine

FEDERAL REGISTER, VOL. 34, NO. 12— FRIDAY, JANUARY 17, 1969 NOTICES 773 whether it has been constructed in ac­ f. USGS is a Federal agency and need not ( 6 ) Records of tests and measurements cordance with the provisions of Con­ furnish proof of financial protection as would performed pursuant to the Technical Speci­ struction Permit No. CPRR-102. Upon otherwise be required by subsection 170a of fic a tio n s. issuance of the license, USGS will be re­ th e A ct. D . R eports. In addition to reports other­ Facility License No. R - ______effective as wise required by applicable regulations: quired to execute aii indemnity agree­ of the date of issuance, is issued as follows: (1) The licensee shall inform the Com­ ment as required by section 170 of the 1. This license applies to the TRIG A Mark mission of any incident or condition relating Atomic Energy Act of 1954, as amended, I type nuclear reactor (herein "the reactor”), to the operation of the reactor which pre­ and 10 CFR Part 140 of the Commis­ owned by U.S. Geological Survey, Depart­ vented or could have prevented a nuclear sion’s regulations. ment of the Interior and located on the system from performing its safety function Within fifteen (15) days from the date USGS Federal Center site, Denver, Colo., and as described in the technical specifications which is described in the application for or in the safety analysis report. For each such of publication of this notice in the Fed­ license dated January 13, 1967, and supple­ occurrence, USGS shall promptly notify by era l Register, the applicant may file ments thereto dated February 27, June 21, telephone or telegraph the Director of the a request for a hearing, and any person and August 11, 1967, and May 10, and June appropriate Atomic Energy Commission Re­ whose interest may be affected by the 26, 1968 (herein referred to as “the appli­ gional Compliance Office listed in Appendix issuance of this facility license may file cation”), and authorized for construction by D of 10 CFR Part 20 and shall submit within a petition for leave to intervene. Re­ Construction Permit No. CPRR-102. ten (10) days a report in writing to the Di­ quests for a hearing and petitions to 2. Subject to the conditions and require­ rector, Division of Reactor Licensing (here­ ments incorporated herein, the Commission inafter, “Director, DRL”), with a copy to the intervene shall be filed in accordance hereby licenses USGS: Regional Compliance Office. with the provisions of the Commission’s A. Pursuant to section 104c of the Act (2) As promptly as practicable, but no rules of practice, 10 CFR Part 2. If a and Title 10, Chapter 1, CFR, Part 50, "Li­ later than sixty (60) days after the initial request for a hearing or a petition for censing of Production and Utilization Facili­ criticality of the facility, USGS shall submit leave to intervene is filed within the time ties”, to possess, use and operate the reactor a written report to the Director, DRL, de­ prescribed in this notice, the Commis­ as a utilization facility in accordance with scribing the measured values of the operating sion will issue a notice of hearing or an the procedures and limitations, described in conditions or characteristics listed below and the application and in this license; evaluating any significant variation of a appropriate order. B. Pursuant to the Act and Title 10, Chap­ measured value from the corresponding pre­ For further details with respect to this ter 1, CFR, Part 70, “Special Nuclear Ma­ dicted value: proposed license, see (1) the application terial”, to receive, possess and use up to 4 (a) Maximum excess reactivity of the dated January 13, 1967, and supplements kilograms of uranium-235 for use in con­ facility, not including the worth of control thereto, (2) a related Safety Evaluation nection with operation of the reactor; and rods or other control devices such as bum - prepared by the Division of Reactor C. Pursuant to the Act and Title 10, Chap­ able poison strips or soluble poison, or any Licensing, and (3) the proposed Techni­ ter 1, CFR, Part 30, “Rules of General Ap­ experiments; plicability to Licensing of Byproduct Ma­ (b) Total control rod reactivity worth; cal Specifications, all of which are avail­ terial’’, to receive, possess and use up to 3 (c) Minimum shutdown margin both at able for public inspection in the Com­ curies of sealed americium-beryllium neu­ room and operating temperatures; mission’s Public Document Room, 1717 tron source and a 1 0 -curie sealed polonium- (d) Maximum worth of the single control H Street NW., Washington, D.C. A copy beryllium neutron source, either of which rod of highest reactivity value; and of the Safety Evaluation may be obtained may be used for reactor startup; and to (e) Maximum total and individual reac­ at the Commission’s Public Document possess, but not to separate, such byproduct tivity worth of any fixed or movable experi­ Room or upon request addressed to the material as may be produced by operation ments inserted in the facility. Atomic Energy Commission, Washington, of the reactor. (3) The licensee shall report to the Direc­ D.C. 20545, Attention: Director, Division 3. This license shall be deemed to contain tor, DRL, in writing within thirty (30) days and be subject to the conditions specified in of its occurrence any substantial variance of Reactor Licensing. Part 20, § 30.34 of Part 30, §§ 50.54 and 50.59 disclosed by operation of the reactor from Dated at Bethesda, Md., this 13th day of Part 50, and § 70.32 of Part 70 of the performance specifications contained in the of January 1969. Commission’s regulations; is subject to all safety analysis report or in ^the Technical applicable provisions of the Act and rules, Specifications. regulations, and orders of the Commission For the Atomic Energy Commission. (4) The licensee shall report to the Direc­ now or hereafter in effect, and is subject to tor, DRL, in writing within thirty (30) days D onald J. Skovholt, the additional conditions specified or in­ of ts occurrence, any significant change in corporated below: Assistant Director for Reactor the transient or accident analysis, as de­ Operations, Division of Re­ A. Maximum power level. The licensee may scribed in the safety analysis report. operate the reactor at steady-state power actor Licensing. 4. This license is effective as of the date levels up to a maximum of 1 , 0 0 0 k ilo w a tts » S. G e o l o g ic a l S u r v e y , D e p a r t m e n t o f t h e (t h e r m a l). of issuance and shall expire at midnight, October 10, 2007. I n t e r io r (USGS) B . Technical specifications. The technical [Docket No. 50-274; License No. R-______] specifications contained in Appendix A to Attachment: Appendix A—Tech Specs . 1 this license are hereby incorporated in this PROPOSED FACILITY LICENSE license. The licensee shall operate the reactor Date of Issuance; The Atomic Energy Commission (“the in accordance with these technical specifi­ For the Atomic Energy Commission. cations. No changes shall be made in the Commission”) having found with respect to D o n a l d J. S k o v h o l t , the application for license of U.S. Geological technical specifications unless authorized by Assistant Director for Reactor Op­ Survey, Department of the Interior (herein­ the Commission as provided in section 50.59 erations, Division of Reactor Li­ after “USGS” or “the licensee”), that: of 10 CFR Part 50. censing. ,,a- The application for license complies with C. Records. In addition to those otherwise [F.R. Doc. 69-628; Filed, Jan. 16, 1969; the requirements of the Atomic Energy Act required under this license and applicable 8 :4 7 a.m .j °f 1954, as amended (hereinafter “the Act”), regulations, the licensee shall keep the fol­ and the Commission’s regulations set forth lowing records: m Title 10, Chapter 1, CFR; (1) Reactor operating records, including b. The reactor has been constructed in power levels and periods of operation at each conformity with Construction Permit. No. power level. CIVIL AERONAUTICS BOARD (2) Records showing radioactivity released CPRR- 1 0 2 and will operate in conformity [Docket No. 17160 etc.; Order 69-1-54] With th e a p p lic a tio n a n d in co n fo r m ity w ith or discharged into the air or water beyond he Act and the rules and regulations of the the effective control of the licensee as meas­ AIR CARRIER AGREEMENTS commission; ured at or prior to the point of such release c. There is reasonable assurance that the or discharge. Order Regarding Accessorial Cargo reactor can be operated at the designated (3) Records of emergency shutdowns and location without endangering the health and inadvertent scrams, including reasons Services safety of the public; th erefo r. (4) Records of maintenance operations in­ Adopted by the Civil Aeronautics n.d'rYSGS ls technically and financially volving substitution or replacement of re­ Board at its office in Washington, D.C., qualified to engage in the proposed activities actor equipment or components. on the 13th day of January 1969. ^accordance with the Commission’s regula- (5) Records of experiments installed in­ cluding description, reactivity worths, loca­ 1 This item was not filed with the Office l !?' The issuance of this license will not be tions, exposure time, total irradiation and of the Federal Register but is available for mnncal to the common defense and security any unusual events involved in their inspection in the public document room of to the health and safety of the public; h a n d lin g . the Atomic Energy Commission.

FEDERAL REGISTER, VOL. 34, NO. 12— FRIDAY, JANUARY 17, 1969 774 NOTICES

Dockets Nos. 17160, 17167, and 18070. do not agree with the conclusion of So­ [Docket No. 20606] By Order 68-10-105, dated October 18, ciety that the air carriers have a basic 1968, the Board proposed to approve nine obligation to provide written evidence AIR WEST, INC. direct air carrier agreements on acces­ that delivery was effected by the fur­ Notice of Proposed Approval for Lease sorial cargo sendees, to disapprove one nishing of a photocopy of a signed de­ Transaction agreement relating to Advance Charges, livery receipt.2 and to impose certain reporting require­ As to the additional reporting require­ Application of Air West, Inc. for ap­ ments on the carriers as to actions ments on informal self-enforcement proval under section 408 or an exemption taken pursuant to the self-enforcement activities, the Board was aware of the under section 416 of the Federal Aviation provisions contained within said agree­ prior reporting requirements on formal Act of 1958, as amended, with respect ments. Interested persons were provided actions® at the time of the release of to an aircraft lease transaction, Docket a period of 30 days for comment on the Order 68-10-105. However, the Board 20606. Board’s proposed action. wants to find out if self-enforcement in Notice is hereby given, pursuant to the Responses were received from the Air this area is of benefit. If many self-en­ statutory requirements of section 408(b) Transport Association (ATA) ,* the soci­ forcement investigations are resolved of the Federal Aviation Act of 1958, as ety of American Florists (Society), and without formal action, there would be no amended, that the undersigned intends Harvey Aluminum, Inc. (Harvey). The means under current reporting require­ to issue the attached order under dele­ ATA has also filed a motion for leave ments by which the Board could deter­ gated authority. Interested persons are to file an accompanying reply to the com­ mine if the practices agreed upon were ments of the latter two respondents. being policed, or what corrective meas­ hereby afforded a period of 15 days from In brief, Society protests the agree­ ures are taken. Lastly, until the filing of the date of service within which to file ment (CAB 19847) on proof-of-delivery, the instant agreements, virtually .no comments or request a hearing with based on their conclusion that an air cargo matters have been subject to self- respect to the action proposed in the carrier has an obligation to prove, by enforcement. For these reasons, the order. means of a photocopy of a delivery re­ Board will finalize its proposed additional ceipt, that delivery was in fact accom­ reporting requirements. However, in rec­ Dated at Washington, D.C., Janu­ plished. The agreement provides that a ognition of the requested simplification, ary 10,1969. charge will be assessed for such photo­ the Board will accept quarterly reports. [seal] A. M. Andrews, copy. Society and Harvey also protest Accordingly, pursuant to the Federal Director, Bureau of the agreement (CAB 19727) concern­ Aviation Act of 1958, and particularly Operating Rights. ing special procedures for shippers docu­ sections 204(a), 412, and 414 thereof, Issued under delegated authority. ments, on the premise that they will be It is ordered, That: Application of Air West, Inc. for approval precluded (a) from inserting in their under section 408 or an exemption under shipping documents certain shipper or 1. The agreements listed below are section 416 of the Federal Aviation Act of consignee-oriented numbers, such as approved: . 1958, as amended, with respect to an air­ purchase order number; or (b) from at­ CAB No. 10973-A58 craft lease transaction, Docket No. 20606. taching to their shipping documents cer­ CAB No. 10973-A59 By application filed January 3, 1969 Air tain other related papers, such as a CAB No. 10973-A76 West, Inc. (Air West) requests approval un­ manifest or additional surface carrier CAB No. 10973-A77 der section 408 of the Federal Aviation Act bill-of-lading for onward carriage beyond CAB No. 19726 of 1958, as amended, (the Act) or, in the CAB No. 19727 alternative, an exemption from such section the air destination. CAB No. 19846 pursuant to section 416 of the Act with re­ In response to the foregoing protests CAB No. 19847 spect to the lease of two DC-9-31 aircraft of agreement CAB 19727, ATA states that CAB No. 19849 (the aircraft) from the McDonnell-Douglas none of the practices cited are prohibited provided that the carriers file with the Finance Corporation (Finance). by the agreement for the reason that it Air West has agreed to lease the aircraft relates primarily to invoicing for ship­ Board4 copies of all written opinions from Finance for a term of 12 years at a basic ments. and reports submitted by their enforce­ rent in an amount equal to a percentage ATA also requests elimination of the ment office, and decisions of the arbitra­ of the lessor’s cost .1 Air W est has also agreed proposed additional monthly self-en­ tors thereon. In addition, the carriers to pay Finance an amount equal to 3.225 forcement * reporting requirements, or shall file a quarterly report with the percent of the lessor cost as a security de­ modification thereof to permit a semi­ Board listing all formal and informal posit, which sum shall be refunded at the actions related to enforceable freight termination of the lease. In addition, Air annual report. ATA also requests a 60- West has the option to purchase the aircraft day deferment of the Board’s proposed agreements or resolutions, and all such reports shall contain full disclosure of all at the expiration of the lease term at the disapproval of the agreement (CAB then current fair market value . 2 pertinent details of the practices or 19848) On Advance Charges for the pur­ The instant transaction was originally pose of developing additional factual shipments involved, and the actions filed by Air West under Part 299 of the data. taken. Board’s Economic Regulations. However, after 2. Final action on disapproval of consideration of a pre-existing debtor- Upon consideration of the responses agreement CAB No. 19848 is deferred for creditor relationship, whereunder Finance and other relevant matters, the Board 60 days; and holds notes of Air West amounting to ap­ will issue final approval of the earlier- 3. The protests of the Society of proximately $3,600,000 representing McDon­ announced nine agreements, will defer American Florists, and Harvey Alu­ nell-Douglas participation in prior aircraft final action on agreement CAB 19848 minum, Inc., concerning agreements deliveries, it was concluded that the lease (Advance Charges), and will modify the CAB Nos. 19727 and 19847 are denied. transaction did not qualify for the exemp­ proposed carrier reporting requirements tion provided for in Part 299 and that a as to self-enforcement activities. This order will be published in the A review of agreement CAB 19727 sup­ F ederal R egister. 2Air West’s payments to Finance are ia ports the view that the desired shipper By the Civil Aeronautics Board. advance quarterly installments pursuant to practice concerning insertion of con- the following schedule: signor/consignee numbers on shipping [seal] Harold R. Sanderson, Secretary. Payments Percent of lessor’s cost documents is not prohibited as alleged, 1 th r o u g h 8 ______2.150 per quarter. neither is the attachment thereto of re­ [F.R. Doc. 69-631; Filed, Jan. 16, 1969; 9 through 36______3.225 per quarter. lated documents. With respect to agree­ 8 :4 8 a .m .] 37 through 48______1.6125 per quarter. ment CAB 19847—Proof of Delivery, we 2 The carriers’ agreement does not precludeThe lessor’s cost for each aircraft is 1 On behalf of Airlift International, Inc.,verbal confirmation of delivery when re­ $3,759,220.63. American Airlines, Inc., Delta Air Lines, Inc., quested by the shipper. 2 Applicants advise that the effective in­ Eastern Air Lines, Inc., The Flying Tiger 8 See Order E-14015, dated June 10, 1959. terest rate is approximately 4.47 percent and Line Inc., National Airline®, Inc., Northwest 4 Copies of the carriers’ reports shaU be filed) that the offer by Finance which resulted in Airlines, Inc., Trans World Airlines, Inc., with the Directors of the Bureau of Eco­ the lease agreement was the most favorable and United Air Lines, Inc. nomics and the Bureau of Enforcement. of five such offers received by the carrier.

FEDERAL REGISTER, VOL. 34, NO. 12— FRIDAY, JANUARY 17, 1969 NOTICES 775 filing for approval under section 408 was No protest or objection was filed 3. If notice of objection is not filed n ecessa ry .3 against the proposed services during the within 10 days after service of this or­ No comments relative to the application time for filing such objections. The Post­ der, or if notice is filed and answer is have been received. not filed within 30 days after service of Notice of intent to dispose of the applica­ master General states that the Depart­ tion without a hearing has been published ment and the carrier agree that the this order, all persons shall be deemed to in th e F e d e r a l R e g is t e r and a copy of such above rate is a fair and reasonable rate have waived the right to a hearing and notice has been furnished by the Board to 9f compensation for the proposed serv­ all other procedural steps short of a final the Attorney General not later than 1 day ices. The Postmaster General believes decision by the Board, and the Board following such publication, both in accord­ these services will meet postal needs in may enter an order incorporating the ance w ith section 408 (b) of the Act. the market. He states the air taxi plans findings and conclusions proposed herein Upon consideration of the foregoing, it is to initiate mail service with Beechcraft, and fix and determine the final rate concluded that the transaction involves the lease of a substantial portion of the assets Model Super 18, twin-engine aircraft specified herein; of a person engaged in a phase of aeronautics equipped for all-weather operation. . 4. If answer is filed presenting issues otherwise than as an air carrier. However, It is in the publiq interest to fix, de­ for hearing, the issues involved in de­ it is further found that the transaction does termine, and establish the fair and rea­ termining the fair and reasonable final not affect the control of a direct air carrier, sonable rate of compensation to be paid rate shall be limited to those specifically does not result in creating a monopoly and by the Postmaster General for the pro­ raised by the answer, except insofar as does not tend to restrain competition. Fur­ posed transportation of mail by aircraft, thermore,'no person disclosing a substantial other issues are raised in accordance interest in the proceeding is currently re­ the facilities used and useful therefor, with Rule 307 of the rules of practice questing a hearing and it is concluded that and the services connected therewith, (14 CFR 302.307) ; and the public interest does not require a hearing. between the aforesaid points. Upon con­ 5. This order shall be served upon The transaction is similar to others which sideration of the notice of intent and Sedalia, Marshall, Boonville Stage Line, have been approved by the Board and does other matters officially noticed, it is pro­ Inc., the Postmaster General and North not, essentially, present any new substantive posed to issue an order1 to include the Central Airlines, Inc. issues to the Board . 4 It therefore appears that following findings and conclusions: approval of the lease transaction would not The fair and reasonable final service This order will be published in the be inconsistent with the public interest. Federal Register. Pursuant to authority duly delegated by mail rate to be paid to Sedalia, Marshall, the Board in the Board’s Regulations, 14 Boonville Stage Line, Inc., in its entirety [seal] Mabel McCart, CFR 385.13, it is found that the foregoing by the Postmaster General pursuant to Acting Secretary. transaction should be approved under sec­ section 406 of the Act for the transpor­ tion 408(b) of the Act, without a hearing. tation of mail by aircraft, the facilities [F.R. Doc. 69-682; Filed, Jan. 16, 1969; Accordingly, it is ordered: used and useful therefor, and the serv­ 8 :4 8 a .m .] 1, That the transaction described herein ices connected therewith, shall be 54.77 involving Air West and Finance be and it hereby is approved; and cpnts per great circle aircraft mile be­ 2. That this action shall not be deemed tween Minneapolis/St. Paul (AMP Twin FEDERAL COMMUNICATIONS a determination for rate-making purposes Cities) and Oshkosh, Wis. via Wausau of the reasonableness of the transaction. and Green Bay, Wis. Persons entitled to petition the Board for Accordingly, pursuant to the Federal COMMISSION review of this order pursuant to the Board’s Aviation Act of 1958, and particularly [Report No. 422] Regulations, 14 CFR 385.50, may file such sections 204(a) and 406 thereof, and petitions within 5 days after. the date of regulations promulgated in 14 CFR COMMON CARRIER SERVICES service of this order. -* This order shall be effective and become Part 302, 14 CFR Part 298, and 14 CFR INFORMATION1 the action 6 l the Civil Aeronautics Board 385.14(f). unless within such period a petition for re­ It is ordered, That: Domestic Public Radio Services Appli­ view is filed, or the Board gives notice that cations Accepted for Filing 2 it will review this order on its own motion. 1. Sedalia, Marshall, Boonville Stage Line, Inc., the Postmaster General, January 13, 1969. [ s e a l ] H a r o ld R. Sa n d e r s o n , North Central Airlines, Inc., and all Pursuant to §§ 1.227(b) (3) and 21.26 S ecretary. other interested persons are directed to [F.R. Doc. 69-630; Filed, Jan. 16, 1969; (b) of the Commission’s rules, an appli­ 8 :4 7 a m .] show cause why the Board should not cation, in order to be considered with any adopt the foregoing proposed findings domestic public radio services applica­ and conclusions and fix, determine, and tion appearing on the attached list, must [Docket No. 20594; Order 69-1-57] publish the final rate specified above for be substantially complete and tendered the transportation of mail by aircraft, SEDALIA, MARSHALL, BOONVILLE the facilities used and useful therefor, for filing by whichever date is earlier: STAGE LINE, INC. and the services connected therewith as (a) The close of business 1 business day Order To Show Cause Regarding specified above as the fair and reason­ preceding the day on which the Com­ Service Mail Rate able rate of compensation to be paid to mission takes action on the previously Sedalia, Marshall, Boonville Stage Line; filed application; or (b) within 60 days Issued under delegated authority on Inc.; January 14,1969. after the date of the public notice listing 2. Further procedures herein shall be the first prior filed application (with The Postmaster General filed a notice in accordance with 14 CFR Part 302, of intent December 26, 1968, pursuant and notice of any objection to the rate which subsequent applications are in to 14 CFR, Part 298, petitioning the or to the other findings and conclusions conflict) as having been accepted for Board to establish for the above cap­ proposed herein, shall be filed within 10 filing. An application which is subse­ tioned air taxi operator, a final service days, and if notice is filed, written answer quently amended by a major change will mail rate of 54.77 cents per great circle and supporting documents shall be filed aircraft mile for the transportation of within 30 days after service of this mail by aircraft between Minneapolis/ order; 1 All applications listed in the appendix St. Paul (AMF Twin Cities) and Osh­ are subject to further consideration and re­ kosh, Wis. via Wausau and Green Bay, view and may be returned and/or dismissed Wis. 1 As this order to show cause is not a final if not found to be in accordance with the action but merely affords interested persons Commission*» rules, regulations, and other an opportunity to be heard on the matters requirements. 3 It has been decided not to enforce the herein proposed, it is not regraded as sub­ 2 The above alternative cut-off rules apply doctrine expressed in Sherman Control and ject to the review provisions of Part 385 (14 to those applications listed in the appendix Interlocking Relationships, 15 CAB 876 (1952) CFR Part 385). These provisions for Board as having been accepted in Domestic Public to the extent applicable, and to consider the review will be applicable to final action taken Land Mobile Radio, Rural Radio, Point-to- application on its merits. by the staff under authority delegated in Point Microwave Radio, and Local Television 4 See Order E-24078, August 12,1966. § 385.14(g). Transmission Services (Part 21 of the rules).

No. 12—Pt. I— n FEDERAL REGISTER, VOL. 34, NO. 12— FRIDAY, JANUARY 17, 1969 - i NOTICES

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: mtt mtt mttt to w a rd , , 1969, * 0 6 mtt toward Odell, mttz ) ; ) ; C.P. to change frequency from 6210 to 6 8 Telegraph Co.; (KEM29); C.P. to add 3990 MHz CORRECTION & MAJOR AMENDMENT MAJOR MAJOR AMENDMENT [F.R. Doc. 69-650; Filed, Jan. 16, 1969; 8:49 a.m.] POINT-TO-POINT RADIO MICROWAVE SERVICE (NONTELEPHONE) POINT-TO-POINT RADIO MICROWAVE SERVICE (TELEPHONE CARRIER) 152.51 MHz instead 152:21 MHz. All other particulars same as reported on public notice frequency from 6360.3 MHz to 6271.4 MHz. All other terms to remain same as existing C.P. dated Dec. 30,1968, ReportNo. 420. * Street, Fort Worth, Tex., operating on frequency 152.24 MHz. All other terms same as reported on public notices dated Oct. 28, 1966, Report No. 411 and Jan. Champaign, at111., station located at 3.7 miles northwest of Saybrook, 111. MHz toward Galena, at111., station located at 2221at111., Carterstation Road, located Dubuque, at 2.8 Iowa. m iles east-southeast of Norway, 111. 111., at111., station located at 3.5 m iles west-northwestfrequency of Odell, from 111. 6264.0 MHz frequency to 6323.3 1.2 milesfrom MHz towardwest-northwest6011.9 MHz Glendora,to 6071.2 of Miss., MHzGlendora, toward at Miss. stationGreenwood, located Miss., at at station located at R ep o rt N o. 421. toward PortJenkins, Republic N.J. and Cedar Brook, N.J., at station located at 0.7 mile north of toward Port Republic, N.J., at station located at 1609 Pacific Avenue, Atlantic City, N.J, Lake Charles, Là., at station located at intersection of State Highway No. 27 and Davison Chemical Company Road, Carlyss, La. toward Jenkins, N.J., at station located at 2.1 miles north-northwest of Cedar Brook, N.J. 201 East George Street, Greenwood, Miss. toward Eola, 111., at station located at 1.2 miles south of intersection of U.S. Highway No. toward Atlantic City, N.J., and Jenkins, N.J., at station located at 1.7 miles northwest of 30 and Route No. 23, De Kalb, 111. quencies from 6060 and 6160 to 6152.8 and 6182 MHz. All other terms same as the quency from 6210 to 6212.0quency MHz. All fromother 6020terms to 6212.0 same MHz. as Allthe other existing terms C.P. same as the existing C.P. Port Republic, N.J, existing C.P. lat. 41°14'47''particulars N.,are as reported long. in 78°38'51" publicjtiotice W. dated to Sept. lat. 30,1968. 41°14'56" N., long. 78°38'33" W. Other 6212.0 MHz toward Butte and Anaconda, Mont., at station located at 3 miles east of Butte, Monti 2201—C2-69—FWS Radio, Inc.; (New); Correction: To add location No. 2: 4905 Bridge 4082— 4082— Cl—P-69—Illinois Bell Telephone Co.; (KS041); C.P. to add 3830 toward TV/TTTz 3917—Cl—MP—69—Northwestern Bell Telephone Co.; (KY042) ; Modification of C.P. to change 3872—Cl—P—69—Northwestern Bell Telephone Co.; (KBI49); C.P. to add 6137.9 and 6Ò78.6 4081— C l-P—69—Illinois Bell Telephone Co.; (KS077) ; C.P. to add 3790 MHz toward Saybrook, 4080— 4080— C1—P-69—Illinois Bell Telephone Co.; (KSN61) ; C.P. to add 3830 3627—C2—MP—69—South Central Bell Telephone Co.; (KGI276); Correct frequency to read 4087—Cl—MP-69— South Central Bell Telephone Co.; (KLP20) ; Modification of C.P. to change 4068-C1-MP-69—South Central Bell Telephone Co.; (KLG99) ; Modification of C.P. to change 4089— 4089— C1—P—69—Cameron Telephone Co.; (KKT50) ; C.P. to add 6197.2 and 6315.9 4093— 4093— Cl—P—69— American Telephone 4092— Cl—P—69—American Telephone & Telegraph Co.; (KEM28) ; C.P. to add 3950 4091— 4091— Cl-P—69—American Telephone & Telegraph Co.; (KEM33); C.P. to add 3990 MTfgi 4099-C1-P-69—Illinois Bell Telephone Co.; (KSN57) ; C.P. to add 6301.0 and 10775 1632-C1-P-69—New York Penn Microwave Cprp.; (KZA85) ; To change station location from 4090— 4090— Cl—P—69—American Telephone & Telegraph Co.; (KEM32) ; C.P. to add 3950 4095- C1-MP-69—Western Microwave, Inc.; (KPJ36); Modification of C.P. to change fre­ 4096- C1-P-69—Western Microwave, Inc.; (KPS 4098- Cl-MP-69—Western Microwave, Inc.; (KPY90); Modification of C.P. to change fre­ 4097- Cl-MP-69—Western Microwave, Inc.; (KPJ37) ; Modification of C.P: to change fre­

: 6

, , ommunications aple Secretary. C F. W ommission C en ederal F B f i l i n g

] f o r

seal [ The attention of any party in interest 1934, 1934, as amended, concerning any do­ desiring to filepleadings pursuant to sec­ tion 309 of the Communications-Act of accepted for filing, is directed to 21.27 § governing the time for filing and other mestic public radio services application requirements relating to such pleadings. of the Commission’s rules for provisions

c c e p t e d p p e n d ix A A pplications A DOMESTIC PUBLIC LAND MOBILE RADIO SERVICE East Broad Street, Columbus, Ohio, to operate on frequency 152.24 MHz. 8 8 operate onTampa, frequencies Fla., and location152.24 and No. 158.702: 6501 MHz 49th at Street location North, No.Pinellas 1: Park, 101 NorthFla. Tampa Street, State Telephone Co., Assignor, to: Allied. Telephone Co. of Oklahoma, Inc., assignee. new two-way station to onbe frequencylocated at 152.18 4 MHzmiles at southweststation located of Hattiesburg, atop mountain Miss., peak, to operate 10 miles north of Liver­ license Afroih ssignee. Mobilfone Communications, Inc., Assignor to Waco Communications, Inc., located at Creek Mountain, 3.75 miles north of Snow Camp, N.C., to operate on frequency, Airpage Co., Assignor, to: Modern Communicationsfield, Calif., and Corp.,repeater Assignee. transmitter operating on frequency 75.72 MHz at location No. on base frequency 152.18 MHz. be locatedon frequencyat 1.75 miles 454.075 MHz.northwest of Squaw Valley, Calif., at Bear Mountain, to operate more, Calif. mitter operating on frequency 72.64 MHz at location No. 2: 215 East 18th Street, Bakers­ operating on frequency 152.510 MHz at station located at Roberts and Clark Streets, LaCima, Kettlem an Hills,mitter 3.5 miles on east 152.75 of MHz Avenal, at Calif.location No. 1: 1.7 miles north-northeast of Sweetlake, La., and Quincy, Fla. frequency from 152.72 MHz to 152.51 MHz all other terms to remain same as the existing 152.24 MHz. replace base384, 9.5 transmittermiles south-southwest operating on of Lake 152.57 Charles, MHz La. at location No. 2: Along Highway No. lic e n se. Stations: KLB508, Burns Plat, Okla., KLB684, Cold Springs, Okla. , , on base frequency 152.06 MHz at station located at 833 East Elm Street, Springfield, Mo. ! 3697^-C2-AL—(2)-69—New State Telephone Co.; Consent to assignment of license from New 4100-C2-P-69—Airslgnal International, Inc.; (New); C.P. for a new one-way station to 8645—C2-P—69—AAA Anserphone and Doctors Exchange of Hattiesburg; (New); C.P. for a applications will be entitledto considera­ be considered to be a newly filed applica­ tion. It is to ;be noted that the cutoff dates are set forth in the alternative— action with respect to any one of the 4014—C2-AL—69—The Airpage Co.; (KGC402); Consent to assignment of license from The suant to the first alternative earlier date. 3846-C2—P-69—Tracy Mobilphone; (KMM630) C.P. ;• to change the antenna system operating 409A-C2-AL-69—Mobilfone Communications, Inc.; (KLB498); Consent to assignment of The mutual exclusivity rights application of are a governed by new the earliest filed by the only end if of the the upon 60-day the Commission application period, has by not that time acted pur­ tion with those listed in the appendix if earlier conflicting filed- applications. 4086- C2—P-69—Columbus Radio Paging Co,; (New); C.P. for a new one-way station to be 4079- C2-F-69—Atlas Security Service, Inc.; (KFL946); C.P. to replace transmitter operating 4076-C2-P-69—Kidd’s Communications, Inc.; (KMA257); C.P. to replace the control trans­ 4085- C2-P-69—Hanford Radiotelephone Service; (New); C.P. for a new two-way station to 4084- C2-P-69—Quincy Telephone Co.; (KIY727); C.P. to replace the base transmitter 4083- C2—ML—69—Hager City Telephone Co.? (KJU798); Modification of license to change 4019-C2-P-69—South Central Bell Telephone Co.; (KKI448); C.P. to replace base trans­ 4078- C2-P-69—T, D. Miller III; (New); C.P. for a new one-way station to be located at Cane

FEDERAL REGISTER, VOL. 34, NO. 12— FRIDAY, JANUARY 17, 1969 NOTICES 777

for hearing, if desired, may be submitted cense No. 1152 be returned to the Com­ FEDERAL MARITIME COMMISSION to the Secretary, Federal Maritime Com­ mission for cancellation. mission, Washington, D.C. 20573, within It is further ordered, That a copy of AMERICAN MAIL LINE LTD. AND 20 days after publication of this notice this order be published in the F e d e r a l EVERETT ORIENT LINE, INC. in the F ed e r a l R e g is t e r . A copy of any R e g is t e r and served upon the licensee. such statement should also be forwarded Notice of Agreement Filed for L e r o y F . F u l l e r , to the party filing the agreement (as in­ Director, Approval dicated hereinafter) and the comments Bureau of Domestic Regulation. should indicate that this has been done. Notice is hereby given that the follow­ Blue Star Line Ltd., Port Line Ltd., [F.R. Doc. 69-659; Filed, Jan. 16, 1969; ing agreement lias been filed with the 8 :5 0 a.m .] Commission for approval pursuant to and Ellerman Lines Ltd.: section 15 of the Shipping Act, 1916, as Notice of agreement filed for approval amended (39 Stat. 733, 75 Stat. 763, 46 by: [Independent Ocean Freight Forwarder U.S.C. 814). John Mahoney, Esq., Casey, Lane & Mitten- License No. 231] Interested parties may inspect and dorf, 26 Broadway, New York, N.Y. 10004. P. O. SORENSEN CO. obtain a copy of the agreement at the Agreement No. 9767 establishes a co­ Washington office of the Federal Mari­ operative working arrangement between Order of Revocation time Commission, 1405 I Street NW., Blue Star Line Ltd., Port Line Ltd., and On November 13, 1968, the St. Paul Room 1202; or may inspect agreement Ellerman Lines Ltd., which would permit Fire and Marine Insurance Co. notified at the offices of the District Managers, the parties to inaugurate a containership the Commission that the Independent New York, N.Y., New Orleans, La., and service in the trade between the United Ocean Freight Forwarder Surety Bond San Francisco, Calif. Comments with States and Australasia in late 1970 or No. 431FH8913, underwritten in behalf reference to an agreement including a re­ early 1971. In order to accomplish this of P. O. Sorensen doing business as P. O. quest for hearing, if desired, may be sub­ objective the parties have agreed (1) to Sorensen Co., One Broadway, New York, mitted to the Secretary, Federal Mari­ provide Associated Container Lines (Aus­ New York, would be canceled effective time Commission, Washington, D.C. tralia) Ltd., a corporation of the parties December 12,1968. 20573, within 20 days after publication of registered in London, with funds for the P. O. Sorensen Co. was notified that this notice in the F ed e r a l R e g is t e r . A construction of containerships, con­ unless a new surety bond was submitted copy of any such statement should also be tainers, related equipment and other fa­ to the Commission, its Independent forwarded to the party filing the agree­ cilities necessary to a container service; Ocean Freight Forwarder License No. ment (as indicated hereinafter) and the (2) to establish a branch office of Asso­ 231 would be canceled effective Decem­ comments should indicate that this has ciated Container Lines (Australia) Ltd., ber 12, 1968, pursuant to General Order been done. in the United States to manage and oper­ 4, Amendment 12 (46 CFR 510.9). Notice of agreement filed for approval ate the Australasia/United States con­ P. O. Sorensen Co. has failed to submit by: tainer service; and (3) to coordinate the a valid surety bond in compliance with Mr. W. R. Purnell, District Manager, Ameri­ withdrawal of their conventional break the above rule. can Mail Line Ltd., 601 California Street, bulk vessels from the trade. It is ordered, That the Independent Suite 610, San Francisco, Calif. 94108. Dated: January 14, 1969. Ocean Freight Forwarder License No. Agreement No. 9766 between American 231 is revoked effective December 12, By order of the Federal Maritime 1968; and Mail Line Ltd. and Everett Orient Line, Commission. Inc. establishes a through billing ar­ It is further ordered, That the Inde­ T h o m a s L i s i , pendent Ocean Freight Forwarder Li­ rangement from ports of call of Ameri­ Secretary. can Mail Line in Alaska, Washington, cense No. 231 be returned to the [F.R. Doc. 69-658; Filed, Jan. 16, 1969; Commission for cancellation. and Oregon to ports of call of Everett 8 :5 0 a .m .] Orient Line in Indonesia with transship­ It is further ordered, That a copy of ment at Hong Kong or Japan in accord­ this Order be published in the F ed e r a l ance with the terms and conditions set [Independent Ocean Freight Forwarder R e g is t e r and served on the licensee. License No. 1152] forth in the Agreement. L e r o y F . Fi l l e r , Dated: January 14,1969. CHARLES C. RUDD CARGO Director, Bureau of Domestic Regulation. By order of the Federal Maritime EXPEDITER Commission. [F.R. Doc. 69-660; Filed, Jan. 16, 1969; Order of Revocation 8 :5 0 a .m .] T h o m a s L i s i , Secretary. By letter dated December 16, 1968, Charles C. Rudd doing business as [F.R. Doc. 69-657; Filed, Jan. 16, 1969; Charles C. Rudd Cargo Expediter, Post 8 :5 0 a.m .] Office Box 13030, Port Everglades, Fla. FEDERAL POWER COMMISSION 33316, advised the Commission that its [Project No. 2144] firm merged with Thomas E. Flynn & Co., BLUE STAR LINE LTD. ET AL. FTMC License No. 750, and has voluntarily CITY OF SEATTLE Notice of Agreement Filed for requested the cancellation of its Inde­ Notice of Land Withdrawal pendent Ocean Freight Forwarder Li­ Approval cense No. 1152. J a n u a r y 13,1969. Notice is hereby given that the follow­ By virtue of authority vested in me City of Seattle, licensee for constructed ing agreement has' been filed with the by the Federal Maritime Commission as Project No. 2144 filed on January 19, Commission for approval pursuant to set forth in manual of orders, Commis­ 1968, and supplemented April 5 and section 15 of the Shipping Act, 1916, as sion Order 201.1, section 6.03. September 25, 1968, an application for amended (39 Stair. 733, 75 Stat. 763, 46 It is ordered, That the Independent approval of revised maps, Exhibit K pur­ U.S.C. 814). Ocean Freight Forwarder License No. suant to Articles 37 and 50 of its license. Interested parties may inspect and ob­ 1152 of Charles C. Rudd doing business Conformable to the provisions of sec­ tain a copy of the agreement at the as Charles C. Rudd Cargo Expediter be tion 24 of the Act of June 10, 1920, as Washington office of the Federal Mari­ and is hereby revoked effective Janu­ amended, notice is hereby given that the time Commission, 1405 I Street NW., ary 2,1969. lands hereinafter described, insofar as Room 1202; or may inspect agreement at It is further ordered, That this cancel­ the offices of the District Managers, New lation is without prejudice to reapplica­ title thereto remains in the United States, York, N.Y., New Orleans, La., and San tion at a later date. are included in power Project No. 2144 Francisco, Calif. Comments with refer­ It is further ordered, That the Inde­ and are from the date of filing of said ence to an agreement including a request pendent Ocean Freight Forwarder Lic- application, reserved from entry, location

FEDERAL REGISTER, VOL. 34, NO. 12— FRIDAY, JANUARY 17, 1969 778 NOTICES

or other disposition under the laws of the a proposed change in his presently effec­ Natural Gas Act and no monies have United States until otherwise directed by tive rate schedule for sales of natural been collected subject to refund under this Commission or by the Congress. gas subject to the jurisdiction of the the rate schedule involved, we believe W il l a m e t t e M e r id ia n , W a s h in g t o n Commission. The proposed change, that it would be in the public interest to which constitutes an increased rate and grant Morris’ request to withdraw Sup­ All portions of the following described lands lying within the boundary of Project charge, is designated as follows: plement No. 9 to his FPC Gas Rate No. 2144, as constructed (both horizontal and Description: (1) Contract Agreement , 2 Schedule No. 4 and to terminate the re­ vertical measurement) and delimited upon dated October 3, 1968. (2) Notice of change, lated suspension proceeding in Docket maps, Exhibit K sheet 1—revised, sheets 2 to dated December 11, 1968. No. RI66-124. 8 , sheet 9—revised (PPC Nos. 2144-72 to -80 Purchaser and producing area: United Gas Morris’ proposed increased rate and respectively) : Pipeline Co. (Burnell Field, Bee and Karnes charge exceeds the area increased rate Counties, Tex.) (RR. District No. 2). T. 39 N„ R. 43 E., ceiling of 14 cents per Mcf for Texas Rate schedule designation: (1) Supple­ Sec. 2, lots 2, 3, 4, 5, 6 , 7, a n d 8 ; Railroad District No. 2 as announced in m ent No. 10 to Morris’ PPC Gas Rate Sched­ Sec. 3, lots 5 and 6 ; ule No. 4. (2) Supplement No. 11 to Morris’ the Commission’s statement of general Sec. 10, lots 1, 3, 4, 5, 6 , 7, an d 8 ; PPC Gas Rate Schedule No. 4. policy No. 61-1, as amended (18 CFR Sec. ll,NW % NW % f Effective date: (1) and (2) January 13, 2.56). > Sec. 15, lots 1, 2, 3, 4, 5, 6 , N y 2 N W i/iN W % NE%, Mineral Survey No. 1282 (Big 1969.3 The proposed changed rate and charge Chief, Victor and Charlotte Lodes) , M in ­ Amount pf Annual Increase: (2) $456. may be unjust, unreasonable, unduly eral Survey No. 1240 (Riverside Bluff Effective rate: 14 cents per Mcf , 4 discriminatory, or preferential, or other­ Lode) (Riverside Bluff Lode-unpatented) Proposed rate: 16 cents per Mcf .B 6 wise unlawful. (Sunday Lode) (Sunday Lode-unpat­ Pressure base: 14.65 ps.i.a. The Commission finds: e n te d ) ; Morris requests that his proposed rate (1) Good cause exists for permitting Sec. 16, lots 1, 2, SE 1 4 SE 1 4 ; increase be permitted to become effective the withdrawal of Supplement No. 9 to Sec. 21, lots 1 and 2; Sec. 22, lots 1 and 2; on October 1, 1968. Good cause has not Morris’ FPC Gas Rate Schedule No. 4 and Sec. 28, lots 8 and 9, Block 5 plat of Town been shown for waiving the 30-day notice for terminating the related rate suspen­ of Metaline. requirement provided in section 4(d) of sion proceeding in Docket No. RI66-124. T. 40 N., R. 43 E„ the Natural Gas Act to permit an earlier (2) Good cause has been shown for Sec. 3, lots 4 and 7; effective date for Morris' rate filing and accepting for filing Morris’ contract Sec. 10, lots 1, 2, 5, 6 , SE%NW%, SE^SW ^ such request is denied. agreement, designated as Supplement (acquired); Concurrently with the filing of his rate No. 10 to Morris’ FPC Gas Rate Schedule Sec. 11, lots 1, 2, 3, SW ^NW ^NW ^; increase, Morris submitted a contract Sec. 14, lots 1, 3, 4, 6 , 7, NE^NWi4, No. 4, and for permitting such supple­ SW14SW14; agreement dated October 3, 1968, desig­ ment to become effective on January 13, Sec. 23, lots 1, 2, 3, 4, 6 , 7, a n d 8 ; nated as Supplement No. 10 to Morris’ 1969, the date of expiration of the statu­ Sec. 26, lots 2, 3, 4, 5, 8 , 9, and 11; FPC Gas Rate Schedule No. 4, which tory notice. Sec. 35, lots 1, 2, 3, 4, 5, 6 , 7, 8 , S E ^ N E ^ , provides the basis for his proposed rate (3) It is necessary and proper in the NE14SE14, NW)4 SW 5 4 . increase. We believe that it would be in public interest and to aid in the enforce­ N o t e : Lands in italic are patented subject the public interest to accept for filing ment of the provisions of the Natural to the conditions and limitations of sec. 24, Morris’ proposed contract amendment to Gas Act that the Commission enter upon Act of June 10, 1920 (approximately 22.94 become effective on January 13,1969, the a hearing concerning the lawfulness of a c r e s ). expiration date of the statutory notice, the proposed change, and that Supple­ The total area of U.S. lands reserved but not the proposed rate contained ment No. 11 to Morris’ FPC Gas Rate pursuant to the filing of the subject therein which is suspended as herein­ Schedule No. 4 be suspended and the use application and supplement is 938.59 after ordered. thereof deferred as hereinafter ordered. A prior increase, from 14 cents to The Commission orders: acres which have been variously witti- 15.485 cents per Mcf, designated as Sup­ drawn for power purposes in connec­ (A) Supplement No. 9 to Morris’ FPC tion with Power Site Reserve Nos. 72, plement No. 9 to Morris’ FPC Gas Rate Schedule No. 4, was suspended in Docket Gas Rate Schedule No. 4 is permitted to 384; Power Site Classification Nos. 109, No. RI66-124 until April 1, 1966, and be withdrawn and the suspension pro­ 328, 408; earlier Project Nos. 44, 1393, thereafter until made effective in the ceeding in Docket No. RI66-124 is 2144 (this project) or 2250. Of the total maimer prescribed by the Natural Gas terminated. area reserved approximately 609.24 acres Act. The increased rate has not been (B) Morris’ contract agreement, des­ are within the Colville National Forest. made effective pursuant to section 4(e) ignated as Supplement No. 10 to his FPC Copies of the aforementioned map of the Natural Gas Act and, no monies Gas Rate Schedule No. 4, is accepted for exhibits (FPC Nos. 2144-72 through -80) have been collected subject to refund filing and permitted to become effective have been transmitted to the Geological under the rate schedule involved. Morris on January 13,1969. Survey, Bureau of Land Management, has requested that the rate proceeding in (C) Pursuant to the authority of the Forest Service and the Office of the Chief Docket No. RI66—124 be terminated and Natural Gas Act, particularly sections of Engineers. the related rate filing be permitted to be 4 and 15 thereof, the Commission’s rules Gordon M. Grant, withdrawn. Since the suspended 15.485 of practice and procedure, and the reg­ Secretary. cents rate contained in the aforemen­ ulations under the Natural Gas Act (18 [P.R. Doc. 69-594; Piled, Jan. 16, 1969; tioned supplement has not been made CFR Ch. I ), a public hearing shall be 8 :4 6 a.m .] effective pursuant to section 4(e) of the held upon a date to be fixed by notice from the. Secretary concerning the law­ [Docket No. RI69-469] 2 Provides, among other things, for a rene­ fulness of the proposed increased rate gotiated rate of 16 cents for the 5-year period and charge contained in Supplement No. JOSEPH S. MORRIS ET A L commencing Oct. 1, 1968, with 1 cent in­ 11 to Morris’ FPC Gas Rate Schedule creases every 5 years thereafter; deletes rede­ No. 4. Order Accepting Contract Amendment, termination provisions and provisions for Providing for Hearing on and certain taxes; provides for downward B.t.u. (D) Pending such* hearing and deci­ sion thereon, Supplement No. 11 to Mor­ Suspension of Proposed Change In adjustment and seller’s right to file for any higher applicable area rate established by the ris’ FPC Gas Rate Schedule No. 4 is Rate, Permitting Withdrawal of Rate Commission. hereby suspended and the use thereof Supplement and Terminating Pro­ 3 The stated effective date is the first day deferred until June 13, 1969, andJJiere- ceeding after expiration of the statutory notice. after until such further time as it is 4 Increase to 15.485 cents suspended in January 10, 1969. made effective in the manner prescribed Docket No. RI166—124 but has not been made by the Natural Gas Act. On December 13, 1968, Joseph S. Mor­ effective. Seller requests withdrawal of such (E) Neither the supplement suspended ris, et al., (Morris) 1 tendered for filing increase and termination of the related sus­ pension proceeding. nor the rate schedule sought to be 1 Address is: 820 Alamo National Building, 5 Renegotiated rate increase. altered thereby, shall be changed until San Antonio, Tex. 78205. 9 Subject to a downward B.t.u. adjustment. this proceeding has been disposed of or

FEDERAL REGISTER, VOL. 34, NO. 12— FRIDAY, JANUARY 17, 1969 NOTICES 779 until the period of suspension has ex­ The proposed changed rate and charge Respondent shall execute arid file under pired, unless otherwise ordered by the may be unjust, unreasonable, unduly dis­ its above-designated docket number with Commission. criminatory, or preferential, or otherwise the Secretary of the Commission its (P) Notices of intervention or peti­ unlawful. agreement and undertaking to comply tions to intervene may be filed with the The Commission finds; It is in the with the refunding and reporting pro­ Federal Power Commission, Washington, public interest and consistent with the cedure required by the Natural Gas Act D.C., 20426, in accordance with the rules Natural Gas Act that the Commission and § 154.102 of the regulations there­ of practice and procedure (18 CFR 1.8 enter upon a hearing regarding the law­ under, accompanied by a certificate and 1.37(f)) on or before February 26, fulness of the proposed change, and that showing service of a copy thereof upon 1969. the supplement herein be suspended and the purchaser under the rate schedule involved. Unless Respondent is advised By the Commission. its use be deferred as ordered below. The Commission orders; (A) Under to the contrary within 15 days after the [seal] Gordon M. Grant, the Natural Gas Act, particularly sec­ filing of its agreement and undertaking, Secretary. tions 4 and 15, the regulations pertaining such agreement and undertaking shall be deemed to have been accepted. [F.R. Doc. 69-593; Filed, Jan. 16, 1969; thereto (18 CFR Chapter I), and the 8:4 5 a.m .] Commission’s rules of practice and pro­ (C) Until « otherwise ordered by the cedure, a public hearing shall be held Commission, neither the suspended sup­ [Docket No. RI69-468] concerning the lawfulness of the pro­ plement, nor the rate schedule sought to posed change. be altered, shall be changed until dispo­ TENNECO OIL CO. (B) Pending hearing and decision sition of this proceeding or expiration of the suspension period. Order Providing for Hearing On and thereon, the rate supplement herein is (D) Notices of intervention or peti­ Suspension of Proposed Change in suspended and its use deferred until date shown in the “Date Suspended Until” tions to intervene may be filed with the Rate, and Allowing Rate Change To Federal Power Commission, Washington, Become Effective Subject to Refund column, and thereafter until made ef­ fective as prescribed by the Natural Gas D.C. 20426, in accordance with the rules January 10, 1969. Act: Provided, however, That the sup­ of practice and procedure (18 CFR 1.8 Respondent named herein has filed a plement to the rate schedule hied by Re­ and 1.37(f)) on or before February 26, proposed change in rate and charge of a 1969. currently effective rate schedule for the spondent shall become effective subject sale of natural gas under Commission to refund on the date and in the manner By the Commission. jurisdiction, as set forth in Appendix A herein prescribed if within 20 days from [seal] Gordon M. Grant, hereof. the date of the issuance of this order Secretary.

Appendix A

Gents per Mcf R a te in Sup­ A m o u n t Effective D ate effect Docket No. Respondent sched­ ple- Purchaser and producing area of D ate date su s­ R ate Proposed subject to ule m e n t ann u al filing unless pended in increased refund in N o. N o. increase tendered sus- ' u n til— effect rate dockets pended N os.

RI69-468___ Tenneco Oil Co., Post Office Box 2 164 4 El Paso Natural Gas Co. (Ignacio $288 12-13-68 2 1-13-69 41-14-69 7 814.0 5 e r is. o 2511, H ouston, Tex. 77001, Blanco Field, La Piatta Attention: Joseph Tamasy, County, Colo.). E sq.

s Contract dated after Sept. 28,1960, the date of Issuance of statement of general policy 5 Periodic rate increase. No. 61-1. . . . 6 P ressure base is 15.025 p.s.i.a. * The stated effective date is the first day after expiration of the statutory notice. 7 Includes 1 cent per Mcf minimum guarantee for liquids. 4 The suspension period is limited to 1 day. 8 Rate suspended in Docket No. RI64-453. Tenneco Oil Co. (Tenneco) requests that [Docket No. RI64-484] the gas will now be taken into a low pres­ its proposed rate increase be permitted to become effective as of January 1, 1969. Good TENNECO OIL CO. AND sure system at a 1 cent per Mcf reduced cause has not been shown for waiving the CONTINENTAL OIL CO. rate. The proposed decreased rate filings 30-day notice requirement provided in sec­ are set forth in Appendix “A” hereof. tion 4(d) of the Natural Gas Act to permit Order Accepting Decreased Rate Fil­ Although the reduced rates do not ex­ an earlier effective date for Tenneco’s rate ings Subject to Refund in Existing ceed the area increased ceiling rate of filing and such request is denied. Rate Suspension Proceeding 13 cents per Mcf for the San Juan Basin The contract related to the rate filing ^ f Area as announced in the Commission’s Tenneco was executed subsequent to Septem­ January 10, 1969. statement of general policy No. 61-1, as ber 28, 1960, the date of issuance of the Commission’s Statement of General Policy Tenneco Oil Co. (Tenneco), on Decem­ amended, they do include partial reim­ No. 61-1, as amended, and the proposed in­ ber 20,; 1968, and Continental Oil Co. bursement for the full 2.55 percent New creased rate of 15 cents per Mcf exceeds the (Continental), on December 13, 1968, Mexico Emergency School Tax. Since El area increased rate ceiling of 13 cents per submitted for filing proposed rate de­ Paso is expected to follow its customary Mcf for Colorado, but does not exceed »the creases, designated as Supplement No. 7 practice of protesting such tax reim­ initial service ceiling established for the area to Tenneco’s FPC Gas Rate Schedule No. bursement, we conclude that the pro­ involved. We believe, in this situation, 161 and Supplement No. 5 to Conti­ Tenneco’s proposed rate filing should be nental’s FPC Gas Rate Schedule No. 277, posed rate decreases should be accepted suspended for 1 day from January 13, 1969, which are due to the incapability of Re­ for filing-subject to the existing rate pro­ the date of expiration of the statutory notice. spondents’ wells to produce in the high ceeding in Docket No. RI64-484, which [F.R. Doc. 69-595; Filed, Jan. 16, 1969; pressure system erf the buyer, El Paso deals with the tax reimbursement issue. 8 :4 5 a.m .] Natural Gas Co. (El Paso); therefore, The Commission finds:

FEDERAL REGISTER, VOL. 34, NO. 12— FRIDAY, JANUARY 17, 1969 780 NOTICES

Good cause exists for accepting for date, subject to the existing rate suspen­ and permitted to become effective as of filing Tenneco and Continental’s pro­ sion proceeding in Docket No RI64-484. September 1, 1965, the proposed effective posed rate decreases, designated as Sup­ The Commission orders: The proposed date, subject to the existing rate suspen­ plement No. 7 to Tenneco’s FPC Gas 12.2295 cents per Mcf rates contained in sion proceeding in Docket No. RI64-484 Rate Schedule No. 161 and Supplement Supplement No. 7 to Tenneco’s FPC Gas and refund obligation related thereto. No. 5 to Continental’s FPC Gas Rate Rate Schedule No. 161 and Supplement By the Commission. Schedule No. 277, ' effective as -of Sep­ No. 5 to Continental’s FPC* Gas Rate [seal] Gordon M. Grant, tember 1, 1965, the proposed effective Schedule No. 277 are accepted for filing Secretary. Appendix A

Cents per Mcf R a te in R ate Sup­ A m ount D ate Effec­ effect sub­ D ocket R espondent sched­ ple­ Purchaser and producing area of filing tiv e R ate in Proposed ject to -N o. ule m e n t ann u al tendered date effect decreased refund in N o. N o. decrease rate dockets Nos.

RI64-484... Tenneco Oil Co., Post 161 ‘7 El Paso Natural Gas Co., $1,878 1 2 t 2 0 -6 8 2 9-l-65 A ccepted « « 14.2486 3 4 « 12.2295 RI64-484. Office B ox 2511, H ouston, (H uerfano U n it, San J u a n subject to Tex. 77001, A tten tio n : County, N. Mex.) (San Juan refund. Joseph Tamasy, Esq. Basin Area). RI64-484... Continental Oil Co., Post 277 15 ___ do...... 948 12-13-68 2 9-1-65 ...... do...... 3 3 14.2486 3 4 « 12. 2295 RI64-484. Office Box 2197, H ouston, T ex. 77001.

1 Filing pertains only to gas delivered into low pressure line by agreement dated 4 Pressure base is 15.025 p.s.i.a. Nov. 11,1963 (Supplement No. 6). ____ 8 Rate includes partial reimbursement for the full 2.55 percent New Mexico Emer­ 2 The stated effective date is the effective date requested by Respondent. gency School Tax. 3 Rate reduction due to incapability of certain wells to produce into buyer’s high 6 Rate includes 1-cent minimum guarantee for liquids. pressure system; therefore they must produce into buyer’s low pressure system with a corresponding 1-cent per Mcf reduction in rate and deletion of the 1-cent per Mcf minimum guarantee for liquids. [F.R. Doc. 69-596; Filed, Jan. 16, 1969; 8:45 a.m.] ment of reasonable equilibrium in the which are among those designated by FEDERAL RESERVE SYSTEM country’s balance of payments. the Board of Governors of the Federal To implement this policy, System open Reserve System under section 214.5 of FEDERAL OPEN MARKET COMMITTEE market operations until the next meet­ Regulation N, relations with foreign Current Economic Policy Directive of ing of* the Committee shall be conducted banks and bankers, and with the ap­ October 8, 1968 with a view to maintaining about the proval of the Committee to renew such prevailing conditions in money and arrangements on maturity: In accordance with § 271.5 of its rules short-term credit markets; provided, A m ou n t of regarding availability of information, however, that operations shall be modi­ arrangement there is set forth below the Committee’s fied, to the extent permitted by the (millions of Current Economic Policy Directive forthcoming Treasury refunding opera­ dollars issued at its meeting held on October 8, tion, if bank credit expansion appears Foreign bank equivalent) 1968.1 to be significantly exceeding current Austrian National Bank ______100 National Bank of Belgium ______225 The information reviewed at this projections. B a n k o f C an ad a______1, 000 meeting suggests that over-all economic Dated at Washington, D.C., the 2d day National Bank of Denmark ______100 expansion has moderated, although less of January 1969. B a n k o f E n g la n d ______2, 000 than projected, from its very rapid pace Bank of France ______700 earlier in the year, but upward pressures By order of the Federal Open Market German Federal Bank ______1,000 on prices and costs are persisting. Most Committee. Bank of Italy ______1, 000 market interest rates have changed little Arthur L. Broida, Bank of Japan ______1, 000 on balance in recent weeks. Bank credit Assistant Secretary. Bank of Mexico______130 Netherlands Bank ______400 and time and savings deposits expanded [F.R. Doc. 69-609; Filed, Jan. 16, 1969; Bank of Norway______100 rapidly this summer, but the money 8 :4 6 a.m .] Bank of Sweden ______250 supply has shown no net growth since Swiss National Bank ____ .______600 July after rising substantially for sev­ Bank for International Settlements: eral months. The earlier improvement FEDERAL OPEN MARKET COMMITTEE System drawings in Swiss francs— 600 in the U.S. balance of payments was not System drawings in authorized maintained in August and September, Authorization for System Foreign European currencies other than according to preliminary indications, Currency Operations S w iss fr a n c s______1» 000 and the foreign trade balance and un­ In accordance with § 271.5 of its rules (N ote.—For remainder of paragraph 1 of derlying payments position continue to the authorization, see 33 F.R. 3665 (except regarding availability of information, for paragraph IB(3), which appears at 33 be matters of serious concern. In this there is set forth below paragraph 2 of F.R. 12344, and for paragraph 1C(1), which situation, it is the policy of the Federal the Committee’s Authorization for Sys­ appears at 33 F.R. 15464); for paragraph 3, Open Market Committee to foster finan­ tem Foreign Currency Operations, as see 33 F.R. 8470; and for paragraphs 4 cial conditions conducive to sustainable amended by action taken at its meeting through 10, see 32 F.R. 9583.) on March 14, 1968, that became effective Dated at Washington, D.C., the 2d economic growth, continued . resistance on October 8,1968. day of January 1969. to inflationary pressures, and attain- 2. The Federal Open Market Commit­ tee directs the Federal Reserve Bank of By order of the Federal Open Market 1 The Record of Policy Actions of the Com­ New York to maintain reciprocal cur­ Committee. mittee for the meeting of October 8 , 1968, is rency arrangements (“swap” arrange­ Arthur L. Broida, filed as part of the original document. Copies ments) for System Open Market Account Assistant Secretary. are available on request to the Board of Governors of the Federal Reserve System, for periods up to a maximum of 12 [F.R. Doc. 69-610; Filed, Jan. 16, 1969; W ashington, D.C. 20551. months with the following foreign banks, 8 :4 6 a.m .j

FEDERAL REGISTER, VOL. 34, NO. 12— FRIDAY, JANUARY 17, 1969 NOTICES 781

[Delegation of Auth»rity No. 8 ] The license was issued in Washington, SMALL BUSINESS ASSISTANT ADMINISTRATOR FOR D.C. on January 6,1969. ADMINISTRATION MINORITY ENTREPRENEURSHIP For the Small Business Administration. Delegation of Authority To Provide J a m e s T h o m a s P h e l a n , [Delegation of Authority No. 5-B, Rev. 1] Acting Associate Administrator Financial Assistance ASSOCIATE ADMINISTRATOR FOR for Investment. PROCUREMENT AND MANAGE- Pursuant to the authority vested in the [F.R. Doc. 69-615; Filed, Jan. 16, 1969; Administrator of the Small Business Ad­ 8 :4 7 a.m .j MENT ASSISTANCE ministration by sections 402(c) and Delegation of Authority To Provide 602(d) of the Economic Opportunity Act of 1964, as amended, the following au­ Financial Assistance thority under section 406 of the Eco­ Delegation of authority No. 5-B (33 nomic Opportunity Act of 1964, as INTERSTATE COMMERCE F JR. 8624) is hereby revised to read as amended, is hereby delegated to the follows: Assistant Administrator for Minority COMMISSION Pursuant to the authority vested in Entrepreneurship: [S.O. 994; I.C.C. Order No. 18] the Administrator of the Small Busi­ To execute grants, agreements, and ness Administration by sections 402(c) contracts providing financial assistance PENN CENTRAL CO. AND SOO LINE and 602(d) of the Economic Opportu­ to public or private organizations to pay RAILROAD CO. nity Act of 1964, as amended, the follow­ all or part of the costs of technical and Rerouting and Diversion of Traffic ing authority under section 406 of the management assistance projects de­ Economic Opportunity Act of 1964, as signed to furnish centralized services In the opinion of R. D. Pfahler, Agent, amended, is hereby delegated to the As­ with regard to public services and gov­ the Penn Central Co. and the Soo Line sociate Administrator for" Procurement ernment programs, including programs Railroad Co. are unable to interchange and Management Assistance : authorized under section 402 of the Eco­ traffic via car ferry between Mackinaw To exedute grants, agreements, and nomic Opportunity Act of 1964, as City, Mich., and St. Ignace, Mich., be­ contracts providing financial assistance amended, with special attention to small cause of heavy ice accumulations. to public or private organizations to pay business concerns located in urban areas It is ordered, That: all or part of the costs of the following of high concentration of unemployed or (a) Rerouting traffic: The Penn Cen­ kinds of projects designed to provide low-income individuals or owned by low- tral Co. and the Soo Line Railroad Co. technical and management assistance to income individuals. This authority may being unable to interchange traffic via individuals or enterprises eligible for as­ be exercised by any person designated as car ferry between Mackinaw City, Mich., sistance under section 402 of the Eco­ Acting Assistant Administrator for Mi­ and St. Ignace, Mich., because of heavy nomic Opportunity Act of 1964, as nority Entrepreneurship. ice accumulations, the Penn Central Co. amended, with special attention to small Effective date: January 10,1969. and tiie Soo Line Railroad Co. are hereby business concerns located in urban areas authorized to reroute or divert such traf­ of high concentration of unemployed or H o w a r d J . S a m u e l s , fic over any available route to expedite low-income individuals or owned by low- ■ Administrator. the movement. The billing covering all income individuals: [F.R. Doc. 69-614; Filed, Jan. 16, 1969; such cars rerouted shall carry a reference a. Planning and research, including 8:4 6 a.m .j to this order as authority for the feasibility studies and market research; rerouting. b. Hie identification and development (b) Concurrence of receiving roads to of new business opportunities ; [License No. 12/12-0147] be obtained: The railroad desiring to di­ c. The establishment and strengthen­ W.F.I. CO. vert or reroute traffic under this order ing of business service agencies, includ­ shall receive the concurrence of other ing trade associations and cooperatives; Notice of Issuance of Small Business railroads to which such traffic is to be d. The encouragement of the place­ Investment Company License diverted or rerouted, before the rerout­ ment of subcontracts by major businesses On October 31, 1968, a notice of appli­ ing or diversion is ordered. with small business concerns located in cation for a license as a small business (c) Notification to shippers: Each urban areas of high concentration of investment company was published in carrier rerouting cars in accordance with unemployed or low-income individuals or this order shall notify each shipper at the the F ed e r a l R e g is t e r (33 F.R. 16046) owned by low-income individuals, includ­ time each car is rerouted or diverted and ing the provision of incentives and assist­ stating that an application had been shall furnish to such shipper the new ance to such major businesses so that filed with the Small Business Administra­ routing provided under this order. they will aid in the training and upgrad­ tion (SBA) pursuant to section 107.102 (d) Inasmuch as the diversion or re­ ing of potential subcontractors or other of the Regulations Governing Small routing of traffic by said Agent is deemed small business concerns; Business Investment Companies (13 CFR to be due to carrier’s disability, the rates e. The furnishing of business counsel­ applicable to traffic diverted or rerouted ing, management training, and legal and Part 107, 33 FJR. 326) for a license as a small business investment company by by said Agent shall be the rates which other related services, with special em­ were applicable at the time of shipment phasis on the development of manage­ W.F.I. Co., 464 California Street, San on the shipments as originally routed. ment training programs using the re­ Francisco, Calif. 94120. (e) In executing the directions of the sources of the business community, in­ Interested parties were given to the Commission and of such Agent provided cluding the development of management close of business November 5, 1968, to for in this order, the common carriers training opportunities in existing busi­ involved shall proceed even though no nesses, and with emphasis in all cases submit their written comments to SBA. No comments were received. contracts, agreements, or arrangements upon providing management training of now exist between them with reference to sufficient scope and duration to develop Notice is hereby given that pursuant the divisions of the rates of transporta­ entrepreneurial and managerial self-suf- to section 301(c) of the Small Business tion applicable to said traffic. Divisions fjpiency on the part of the individuals Investment Act of 1958, as amended, served. shall be, during the time this order re­ after having considered the application mains in force, those voluntarily agreed Effective date: January 10, 1969. and all other pertinent information and upon by and between said carriers; or facts with regard thereto, SBA has issued upon failure of the carriers to so agree, H o w a r d J . S a m u e l s , said divisions shall be those hereafter A dministrator. License No. 12/12-0147 to W.F.I. Co. to fixed by the Commission in accordance [F.R. Doc. 69-613; Filed, Jan. 16, 1969; operate as a small business investment with pertinent authority conferred upon 8 :4 6 a .m .] company. it by the Interstate Commerce Act.

FEDERAI REGISTER, VOL. 34, NO. 12— FRIDAY, JANUARY 17, 1969 782 NOTICES

(f) Effective date: This order shall ing special equipment, and those injuri­ BROTHERS, INC., 46 Orange Street, become effective at 11 a.m., January 13, ous or contaminating to other lading; Salt Lake City, Utah 84104. Authority 1969. (1) between Riverton, Wyo., and Jack- sought to operate as a common carrier, (g) Expiration date: This order shall son, Wyo., from Riverton over U.S. High­ by motor vehicle, over irregular routes, expire at 11:59 p.m., January 31, 1969, way 26 to Jackson, and return over the transporting: Feeds and feed ingredi­ unless otherwise- modified, changed, or same route, serving all intermediate ents, between Idaho, Oregon, and Wash­ suspended. points between Jackson and Dubois, ington, for 180 days. Supporting shipper: Wyo.; including Dubois, for 180 days. Albers Milling Co., General Offices, Car­ It is further ordered, That this order N o t e : Applicant states it intends to tack nation Building, Los Angeles, Calif. Send shall be served upon the Association of with its presently held authority and to protests to: John T. Vaughan, District American Railroads, Car Service Divi­ interline at any authorized point. The Supervisor, Bureau of Operations, Inter­ sion, as Agent of all railroads subscribing purpose of this partial republication is to state Commerce Commission, 6201 Fed­ to the car service and per diem agree­ clarify part (1) above by indicating Du­ eral Building, Salt Lake City, Utah 84111. ment under the terms of that agreement; bois is intended also to be served as an No. MC 123392 (Sub-No. 12 TA), filed and that it be filed with the Director, intermediate point. The authority sought January 3, 1969. Applicant: JACK B. Office of the Federal Register. in part (2) and the rest of the applica­ KELLEY, doing business as JACK B. Issued at Washington, D.C., Janu­ tions remain as previously published. KELLEY CO., 3901 Virginia, Amarillo, ary 13,1969. No. MC 116254 (Sub-No. 88 TA), filed Tex. 79109. Applicant’s representative: January 3, 1969. Applicant: CHEM- (same address as above). Authority I n t e r s t a t e C o m m e r c e HAULERS, INC., Post Office Drawer M, sought to operate as a common carrier, C o m m i s s i o n , Sheffield, Ala. 35660. Applicant’s repre­ by motor vehicle, over irregular routes, [ s e a l ] R. D. P f a h l e r , sentative: William D. Biggs, Chem- transporting: Carbon monoxide, in bulk, Agent. Haulers, Inc., Post Office Drawer M, from Houston, Tex., and commercial [F.R. Doc. 69-623; Filed, Jan. 16, 1969; Sheffield, Ala. 35660. Authority sought to zone, to Seattle, Wash., and commercial 8 :4 7 a.m .] operate as a common carrier, by motor zone, for 150 days. Supporting shipper: vehicle, over irregular routes, transport­ J. C. Saele, Equipment Manager, Liquid ing: Liquid caustic soda, from Hunts­ Carbonic Corp., 135 South La Salle [Notice 761] ville, Ala. to points in Georgia, Missis­ Street, Chicago, 111. 60603. Send protests sippi, and Tennessee, for 180 days. Sup­ to: Haskell E. Ballard, District Super­ MOTOR CARRIER TEMPORARY porting shipper: Stauffer Chemical Co., visor, Interstate Commerce Commission, AUTHORITY APPLICATIONS 299 Park Avenue, New York, N.Y. 10017, Bureau of Operations, 918 Tyler Street, Attention: John R. Ural, Product Trans­ J a n u a r y 13, 1 9 6 8 . Amarillo, Tex. 79101. portation Manager. Send protests to: B. No. MC 133373 TA„ filed January 3, The following are notices of filing of R. McKenzie, District Supervisor, Inter­ 1969. Applicant: A. G. BRIGGS, doing applications for temporary authority un­ state Commerce Commission, Bureau of business as BRIGGS TRUCK LINE, der section 210a(a) of the Interstate Operations, Room 823, 2121 Building, Sidney, Iowa 51652. Applicant’s repre­ Commerce Act provided for under the Birmingham, Ala. 35203. sentative: Robert Leonard, Sidney, Iowa new rules of Ex Parte No. MC-67, (49 No. MC 116859 (Sub-No. 7 TA), filed 51652. Authority sought to operate as a CFR Part 340) published in the F ed e r a l January 7, 1969., Applicant: CLARK contract carrier, by motor vehicle, over R e g is t e r , issue of April 27, 1965, effective TRANSFER, INC., 829 North 29th Street, irregular routes, transporting: Crude oil; July 1, 1965. These rules provide that Philadelphia, Pa. 19130. Applicant’s rep­ (1) from Falls City, Nebr.; and (2) from protests to the granting of an application resentative: James W. Patterson, Mor­ oil well storage tanks located in Richard­ must be filed with the field official named gan, Lewis, and Bockius, 123 South Broad son County, Nebr., and Brown and in the F ed e r a l R e g is t e r publication, Street, Philadelphia, Pa. 19109. Authority Nemaha Counties, Kans., to points in within 15 calendar days after the date sought to operate as a common carrier, Missouri, Nebraska, Kansas, South of notice of the filing of the application by motor vehicle, over irregular routes, Dakota, and Iowa over irregular routes, is published in the F ed e r a l R e g is t e r . One transporting: Pretzels, from Easton, Pa., for 150 days. Supporting shipper: Car­ copy of such protest must be served on to points in Connecticut, Delaware, ter-Waters, 2440 Pennway, Kansas City, the applicant, or its authorized repre­ Indiana, Iowa, Maryland, Massachusetts, Mo. 64108. Send protests to : K. P. Kohrs, sentative, if any, and the protests must Michigan, New Hampshire, New Jersey, District Supervisor, Interstate Commerce certify that such service has been made. New York, Ohio, Vermont, West Virginia, Commission, Bureau of Operations, 705 The protests must be specific as to the and the District of Columbia, for 150 Federal Office Building, Omaha, Nebr. service which such protestant can and days. Supporting shipper: Snack Time 68102. will offer, and must consist of a signed Foods, Inc., Easton, Pa. Send protests to: No. MC 133377 (Sub-No. 1 TA), filed original and six copies. F. W. Doyle,- District Supervisor, Inter­ January 8, 1969. Applicant: COMMER­ A copy of the application is on file, and state Commerce Commission, Bureau of CIAL SERVICES, INC., Post Office Box can be examined at the Office of the Operations, 900 U.S. Customhouse, Sec­ 117, Lakeside, Iowa 50588. Applicant’s Secretary, Interstate Commerce Commis­ ond and Chestnut Streets, Philadelphia, representative: William A. Landeau, Post sion, Washington, D.C., and also in the Pa. 19106. Office Box 1634, Des Moines, Iowa 50306. field office to which protests are to be No. MC 117815 (Sub-No. 140 TA), filed Authority sought to operate as a common transmitted. January 3, 1969. Applicant: PULLEY carrier, by motor vehicle, over irregular M o to r C a r r ie r s o f P r o p e r t y FREIGHT LINES, INC., 405 Southeast routes, transporting: Meats, meat prod­ No. MC 59856 (Sub-No. 30 TA) (Clari­ 20th Street, Des Moines, Iowa 50317. Ap­ ucts, packinghouse products and articles fication), filed November 25, 1968, pub­ plicant’s representative: William L. distributed by meat packinghouses as set Fairbank, 610 Hubbell Building, Des forth in sections A and C, Descriptions in lished F ed e r a l R e g is t e r , issue of Decem­ ber 10,1968, and republished as corrected Moines, Iowa 50309. Authority sought to Motor Carrier Certificates 61 MCC 209 this issue. Applicant: SALT CREEK operate as a common carrier, by motor and 766, from Fort Dodge, Iowa, to points FREIGHTWAYS, 408 Industrial Avenue, vehicle, over irregular routes, transport­ in Iowa and Missouri, for 150 days. Sup­ Post Office Box 1411, Casper, Wyo. 82601. ing: Canned goods and groceries from porting shipper: George A. Hormel & Co., Applicant’s representative: Alvin J. Des Moines, Iowa, to Grand Rapids and Post Office Box 800, Austin, Minn. 55912. Meiklejohn, Jr., 420 Denver Club Build­ Plymouth, Mich., for 150 days. Support­ Send protests to: Carroll Russell, District ing, Denver, Colo. 80202. Authority sought ing shipper: Tone Bros., 201 Southwest Supervisor, Interstate Commerce Com­ to operate as a common carrier, by motor Second Street, Des Moines, Iowa 50309. mission, Bureau of Operations, 304 Post vehicle, over regular routes, transport­ Send protests to: Ellis L. Annett, Dis­ Office Building, Sioux City, Iowa 51101. trict Supervisor, Bureau of Operations, ing: General commodities, except those By the Commission. of unusual value and except livestock, Interstate Commerce Commission, 677 Federal Building, Des Moines, Iowa [ s e a l ] H. N e il G a r s o n , classes A and B explovises, household 50309. Secretary. goods as defined by the Commission, No. MC 123061 (Sub-No. 47 TA), filed [F.R. Doc. 69-624; Filed, Jan. 16, 1969; commodities in bulk, commodities requir- January 3, 1969. Applicant: LEATHAM 8 :4 7 a .m .]

FEDERAL REGISTER, VOL. 34, NO. 12— FRIDAY, JANUARY 17, 1969 NOTICES 783

[Notice 277] tion of lumber, between Flintstone, Md., [Notice 278] MOTOR CARRIER TRANSFER and Moorefield, W. Va.; from Flintstone, MOTOR CARRIER TRANSFER Md., and Moorefield, W. Va., to Winches­ PROCEEDINGS ter, Va., and points in Connecticut, Dela­ PROCEEDINGS January 14,1969. ware, Massachusetts, New Jersey, New January 15, 1969. Synopses of orders entered pursuant York, and Pennsylvania; from Moore­ field, W. Va., to points in Maryland; and Application filed for temporary au­ to section 212(b) of the Interstate Com­ thority under section 210(a) (b) in con­ merce Act, and rules and regulations from Winchester, Va., to Baltimore, Md. prescribed thereunder (49 CFR Part Donald E. Freeman, Post Office Box 806, nection with transfer application under 1132), appear below: Westminster, Md. 21157. Attorney for section 212(b) and Transfer Rules, 49 applicants. As provided in the Commission’s spe­ CFR Part 1132; No. MC-FC-71011. By order of Jan­ No. MC-FC-71074. By application filed cial rules of practice any interested uary 8, 1969, the Transfer Board ap­ person may file a petition seeking recon­ proved the transfer to Harold D. Patton, January 8, 1969, DEPENDABLE sideration of the following numbered doing business as Patton’s Transfer, 29 TRUCKING COMPANY, INC., 4527 proceedings within 20 days from thé Loma Vista, Los Angeles, Calif. 90058, date of publication of this notice. Pur­ South Loudoun Street, Winchester, Va. suant to section 17(8) of the Interstate 22601, of Certificate No. MC-8736, issued seeks temporary authority to lease the Commerce Act, the filing of such a peti­ August 17, 1956, to Raymond Patton and operating rights of FREIGHT TRANS­ Harold D. Patton, a partnership, doing PORT COMPANY (CARLYLE MICHEL- tion will postpone the effective date of business as Patton’s Transfer, 29 South the order in that proceeding pending its Loudoun Street, Winchester, Va. 22601, MAN, Receiver), Suite 539, Douglas disposition. The matters relied upon by authorizing the transportation of : mar­ Building, 257 South Spring Street, Los petitioners must be specified in their ble, granite, tombstones, soap, soap Angeles, Calif. 90012, under section 210a petitions with particularity. powder, soda, fruit containers, pipe, elec­ No. MC-FC-71008. By order of Jan­ (b). The transfer to DEPENDABLE tric stoves washing machines, refrigera­ TRUCKING COMPANY, INC., of the uary 8, 1969, the Transfer Board ap­ tors, ironing machines, electrical ap­ proved the transfer to Francis E. Reaver, pliances, household goods, and woolen operating rights of FREIGHT TRANS­ George W. Reaver and Franklin R. mill machinery and equipment from, to, PORT COMPANY (CARLYLE MICHEL- Reaver, doing business as Charles B. and between Winchester, Va., and points MAN, Receiver), is presently pending. Reaver & Sons, Taneytown, Md., of Per­ in Maryland, West Virginia, Virginia and mit in No. MC-124555, issued August 17, the District of Columbia. By the Commission. 1965, to Francis E. Reaver, George W. Reaver, Mabel E. Reaver and Franklin [seal] H. Neil Garson, [seal] H. Neil Garson, R. Reaver, a partnership, doing business Secretary. Secretary. as Charles B. Reaver & Sons, Taney­ [F.R. Doc. 69-625; Filed, Jan. 16, 1969; [F.R. Doc. 69-696; Filed, Jan. 16, 1969; town, Md., authorizing the transporta­ 8 :4 7 a.m .] 8:5 1 a.m .j

CUMULATIVE LIST OF PARTS AFFECTED— JANUARY

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

3 CFR Pas® 5 CFR page 7 CFR—Continued Page Proclamations: 213______239 980-______128 Jan. 9, 1936 (terminated by 550______123 1421—______:______6 Proc. 3885)______591 831______593 1427______8 May 7, 1936 (terminated by 1434______246 Proc. 3885)______591 7 CFR 1483—______•. ______609 Nov. 28,1940 (see Proc. 3885) _ 591 53-______¿______239 P r o p o s e d R u l e s : 2954 (terminated in part by 68____ 189 Proc. 3885)___ 591 250___ 547 26_____ 151 3099 (terminated by Proc. 301 — — ______303, 305 724______324 3885)______591 401— ______313, 376, 377 777______397 3548 (see Proc. 3884) ___.____ 235 413______701 907______'______1____ 757 3558 (see Proc. 3884)______235 706______313 913______— _ 151 3562 (see Proc. 3884)__ 235 719______244 929______13 3597 (see Proc. 3884)______235 722______5,55 945—_____ !______152 3709 (see Proc. 3884)______235 729 ______56 1071______78 3790 (see Proc. 3884) ___ „___ 235 730 ______1 124, 703 1104______— 78 3822 (see Proc. 3884)______235 775______5 1106______78 3856 (see Proc. 3884)______235 814 ------125 1130______466 3870 (see Proc. 3884)______235 815 ______;______56, 425 3884 ------235 817— ______:____ _ 378 8 CFR 3885 ------591 905______245, 246, 379, 428 212______129 Executive Orders: 907— ______57,127, 318, 428, 609 235______129 11442______187 910______6,127, 246, 428, 495 299______129 11443—____ 541 915______.______495 11444 _ 543 917 ______705 9 CFR 11445 ___ 545 918 _ 380 929______— ; 705 112— ...... 610 944______z ______547 4 CFR 945 _ 495 P r o p o s e d R u l e s : 2°1——...... 303 966______128 Ch. m ______»._____ 207

FEDERAL REGISTER, VOL. 34, NO. 12— FRIDAY, JANUARY 17, 1969 No. 12—Pt. I----12 784 FEDERAL REGISTER

10 CFR P age 16 CFR— Continued P a g e 25 CFR Page 140______705 15______724 P r o p o s e d R u l e s : 301______380, 553 131 757 12 CFR P r o p o se d R u l e s : 221 14 21_____ *______612 419______218 211______614 26 CFR 216______615 l ______254, 502, 554, 730-742 218______57 17 CFR 1______599 201______------363 265______*______617 514______------135 326______J______618 140______s 321 330______247231______382 P r o p o se d R u l e s : 509______318 249______554 1______. 397, 508 545______271______547 383 194______442, 755 547______547 P r o p o s e d R u l e s : 201______260, 442 549______547 150_____ 624 561______247 28 CFR 563______550 18 CFR 21______436 563a______621 141__------725 P r o p o s e d R u l e s : 260______725 545______P r o324 p o s e d R u l e s : 29 CFR 141__ 767 4__. 555 13 CFR 20— 143 19 CFR 694. 254 120______706 1------197 727 601 14 CFR 10______384 728. 74 729. 75 21______- 363 14------434 778. 144 23______189 18______58, 384 860 322 39______8, 129, 130, 550, 707 25------384 67______248, 550 30 CFR 71___ 130, 131, 248-250, 429, 430, 550, 593 20 CFR 73______430 P r o p o s e d R u l e s : 401______197 75___ 4______250, 431 55 ______656 95______365 404 ______58, 322, 385-387 405 ______387 56 ______666 97______- ____ 35, 368, 708 57 ______677 135______422______189 435 151______131, 551 P r o p o se d R u l e s : 31 CFR 208______431 404______207 295______432 91______!___ 503 378______21 CFR432 1209______7.21 2______32 CFR P r o p o se d R u l e s : _____ 553 8______250, 435 86—_- ______436 21______453 19______251 518______391 23______210 42______251 1460______436 25______120_____ 465 252, 726 36______121____ 453 252, 253, 553 32A CFR 39l______14,152, 261 146a______253 71______15, OIA (Ch. X) : 147______254 Reg. 1— 391, 602 153-155, 261-264, 400-402, 561, 148q______254 625. 305-______496 73______625 33 CFR 121______264, 465 P r o p o s e d R u l e s : 110______392, 743 123______465 1______758 204______— 393 127______264 3______260 208______75 135______— 210 121— ______260 157______16 128______399 36 CFR 249______760 138______516 221____ 743 302______625 191______260 231_____ 504 375______760 389______625 P r o p o s e d R u l e s : 23 CFR 7_1______624 15 CFR l ______727 37 CFR 6______;______1 __ 132 24 CFR 9______132 P r o p o s e d R u l e s : 384______132 5______496 1 324 1020______71______593 133 1025______201______721 497 39 CFR - 1030______203______593 497 125 145 1040______207 721______!______497, 554 134 255 1050______721 220 ______498 136 145 221 ______498 957 602 P r o p o s e d R u l e s : 232______499 7______398 234 ______499 10______483 235 ______— 499 41 CFR 236 ______500 4 4 — 9,146 16 CFR 241______—______74, 501 4_in 146 13______319-321, 551, 552 810______501 4-18______146 FEDERAL REGISTER 785

41 CFR—Continued page 42 CFR—Continued Page 47 CFR P a g e 5A-1______436 P r o p o s e d R u l e s : 0------752 5A-2______438 81------399, 400 5A-72______438 2------556 5A-73______438 73 ------505, 558 43 CFR 74 ------396 7-3______76 87------752 7-4______256 1720______393 97------11, 752 7-6__ 256 4110------506, 706 P r o p o s e d R u l e s : 7-16______76,258 P u b l ic L a n d O r d e r s : 10-12______9 73 ------483, 761 12B-7______438 4560 ______76 74 ------517, 761 12B-16____ 438 4561 ______£ 200 81------517 14-1__ 198 4562 ______259 83------517 14-2______199 14-7______199 45 CFR 49 CFR 50-201______— _ 788 50-204— ______788 4______555 71------605 60-1______744 8______201 371------113, 115, 559 101-26______200, 439 114______7______I — 745 1000______441 101-27______200 123______201 1033------11, 12, 206 105-61______200 233______10, 393 1100______441 114-1______439 237______11, 751 1131------. ______441 114-3______440 250______205, 752 1307______206 P r o po se d R u l e s : P r o p o s e d R u l e s : 60-20______758 46 CFR 375______17 17ll______394 42 CFR 173______394 21______706 50 CFR 73------10 P r o p o se d R u l e s : 28______- ______323,607 81------555 540...... 217 33______77, 206, 505, 559, 560, 607

FEDERAL REGISTER

VOLUME 34 • NUMBER 12

Friday, January 17, 1969 • Washington, D.C. PA R T II

DEPARTMENT OF LABOR

©

Safety and Health Standards

.II- ■ l 788 RULES AND REGULATIONS

Sec. gation, shall treat a failure to comply Title 41— PUBLIC CONTRACTS 50-204.34 AEC licensees—AEC contractors with, or violation of, any of the safety operating AEC plants and facili­ and health measures contained in this AND PROPERTY MANAGEMENT ties—AEC-agreement State li­ Part 50-204 as resulting in working con­ censees or registrants. ditions which are “unsanitary or hazard­ Chapter 50—-Public Contracts, Depart­ 50-204.35 Application for variation from radiation levels. ous or dangerous to the health and safety ment of Labor 50-204.36 Radiation standards for mining. of employees” within the meaning of sec­ tion 1(e) of the Act and the contract PART 50-201— GENERAL Subpart D— Gases, Vapors, Fumes, Dusts, and stipulation it requires. Every such in­ REGULATIONS M ists vestigator or every such officer shall have PART 50-204— SAFETY AND HEALTH 50-204.50 Gases, vapors, fumes, dusts, and technical competence in safety, indus­ m ists. trial hygiene, or both as may be appro­ STANDARDS FOR FEDERAL SUP­ 50-204.65 Inspection of compressed gas priate, in the matters under investigation PLY CONTRACTS cy lin d ers. 50-204.66 Acetylene. or consideration. Safety and Health Standards 50-204.67 O xygen. (c) Whenever any applicable standard 5 0-204.68 H ydrogen. in this Part 50-204 is relied upon by the On November 6, 7, and 8, 1968, inter­ 50-204.69 Nitrous oxide. Department of Labor in a formal en­ ested persons were afforded an oppor­ 50-204.70 Compressed gases. forcement proceeding under section 5 of tunity to submit orally data, views, and 50-204.71 Safety relief devices for com­ the Walsh-Healey Public Contracts Act arguments on proposals to revise Part pressed gas containers. to support a finding of violation of the 50-204 of Title 41, Code of Federal Reg­ 5Q-204.72 Safe practices for~ welding and cutting on containers which safety and health provisions of the Act ulations, and section 50-201.502 of that have held combustibles. and of a contract subject thereto, any title published in the F ed e r a l R e g is t e r respondent in the proceeding shall have on September 20, 1968 (33 F.R. 14258). Subpart E— Transportation Safety the right and shall be afforded the op­ Interested persons were also afforded 50-204.75 Transportation safety. portunity to challenge the legality, an opportunity to submit written data, Subpdrt F— Variations fairness or propriety of any such reliance. views, and arguments concerning the (d) The standards expressed in this proposals. 50-204.80 Variations. Part 50-204 are for application to ordi­ After consideration of all such relevant Authority: The provisions of this Part nary employment situations; compliance matter as 'Was presented by interested 50-204 issued under secs. 1, 4, 49 Stat. 2036, with them shall not relieve anyone from 2038, as amended; 41 U.S.C. 35, 38; 5 U.S.C. the obligation to provide protection for persons, Part 50-204 and § 50-201.502 are 556. hereby revised as indicated below. The the health and safety of his employees in revised § 50-204.36 republishes the radia­ Subpart A-—Scope and Application unusual employment situations. Neither tion standards for mining published in do such standards purport to describe all the F e d e r a l R e g is t e r on December 28, § 50—204.1 Scape and Application. of the working conditions which are un­ 1968 (33 F.R. 19947), which are pres­ (a) The Walsh-Healey Public Con­ sanitary or hazardous or dangerous to ently in effect. tracts Act requires that contracts entered the health and safety of employees. The revisions shall become effective 30 into by any agency of the United States Where such other working conditions days following the date of publication in for the manufacture or furnishing of may be found to be unsanitary or the F ed e r a l R e g is t e r . materials, supplies, articles, and equip­ hazardous or dangerous to the health 1. Part 50-204 is revised to read as ment in any amount exceeding $10,000 and safety of employees, professionally follows: must contain, among other provisions, a accepted safety and health practices will stipulation that “no part of such con­ be used. Subpart A— Scope and Application tract will be performed nor will any of the (e) Compliance with the standards Sec. expressed in this Part 50-204 is not 50-204.1 Scope and application. materials, supplies, articles, or equipment to be manufactured or furnished under intended, and shall not be deemed, to Subpart B— General Safety and Health Standards said contract be manufactured or fabri­ relieve anyone from any other obliga­ 50-204.2 General safety and health stand­ cated in any plants, factories, buildings, tion he may have to protect the health ards; incorporation by refer­ or surroundings or under working condi­ and safety of his employees, arising from en ce. tions which are unsanitary or hazardous sources other than the Walsh-Healey 50-204.3 Material handling and storage. or dangerous to the health and safety of Public Contracts Act, such as State, local 50-204.4 Tools and equipment. employees engaged in the performance of law or collective bargaining agreement. 50-204.5 Machine guarding. ’** said contract” (sec. 1(e), 49 Stat. 2036,41 50-204.6 Medical services and first aid. (f) Whenever this part adopts by 5 0 -204.7 Personal protective equipment. . U.S.C. 35(e) ). This Part 50-204 expresses reference standards, specifications and 50-204.8 Use of compressed air. the Secretary of Labor’s interpretation codes published and available elsewhere, 50-204.10 Occupational noise exposure. . and application of this provision with re­ it only serves to adopt the substantive, gard to certain particular working condi­ technical portions of such standards, Subpart C— Radiation Standards tions. In addition, §§ 50-204.27,50-204.30, specifications and codes. 50-204.20 Radiation—Definitions. 50-204.31, 50-204.32, 50-204.33, and 50- 50-204.21 Exposure of individuals to radia­ 204.36 contain requirements concerning Subpart B— General Safety and tion in restricted areas. the instruction of personnel, notification Health Standards 50-204.22 Exposure to airborne radioactive m a teria l. of incidents, reports of exposures, and § 50—204.2 General safely and health 50-204.23 Precautionary procedures and maintenance and disclosure of records. standards ; incorporation by refer­ personnel monitoring. (b) Except in the conduct of formal ence. Caution signs, labels and signals. enforcement proceedings provided for in 50-204.24 (a) Every contractor shall protect the 50-204.25 Exceptions from posting require­ Part 50-203 of this chapter and as other­ m e n ts. wise provided in this part, every investi­ safety and health of his employees by 50-204.26 Exemptions for radioactive mate­ gator conducting investigations and complying with the applicable standards, rials packaged for shipment. specifications, and codes developed ana 50-204.27 Instruction of personnel posting. every officer of the Department of Labor published by the following organizations. 50-204.28 Storage of radioactive materials. determining whether there are or have United States of America Standards Institute 50-204.29 Waste disposal. been violations of the safety and health (American Standards Association). 50-204.30 Notification of incidents. Reports of overexposure and ex­ requirements of the Walsh-Healey Public National Fire Protection Association. 50-204.31 American Society of Mechanical Engineers. cessive levels and concentra­ Contracts Act and of any contract sub­ American Society for Testing and Materials. tio n s. ject thereto, and whether a settlement of United States Governmental Agencies, in­ R ecords. 50-204.32 cluding by way of illustration the following 50-204.33 Disclosure to former employee of the resulting issues should be made with­ individual employee’s record. out resort to administrative or court liti­ publications of the indicated agencies.

FEDERAL REGISTER, VOL. 3 4 , N O . 1 2 — FRIDAY, JANUARY 1 7 , 1 9 6 9 RULES AND REGULATIONS 789

(1) U.S. Department of Labor 3. South Atlantic Region, 1371 Peachtree ods are—Barrier guards, two hand trip­ Street NE., Suite 723, Atlanta, Ga. 30309 ping devices, electronic safety devices, Title 29 (CFR) : (Alabama, Florida, Georgia, Mississippi, etc. Part 1501—Safety and Health Regulations South Carolina and Tennessee). (b) General requirements for machine for Ship Repairing. 4. Great Lakes Region, 848 Federal Office Part 1502—Safety and Health Regulations Building, 219 South Dearborn Street, guards. Guards shall be affixed to the for Shipbuilding. Chicago, 111. 60604 (Illinois, Indiana, Ken­ machine where possible and secured else­ Part 1503—Safety and Health Regulations tucky, Michigan, Minnesota, Ohio and where if for any reason attachment to for Shipbreaking. W isconsin). the machine is not possible. The guard Part 1504—Safety and Health Regulations 5. Mid-Western Region, 1906 Federal Office shall be such that it does not offer an for Longshoring. Building, 911 Walnut Street, Kansas City, accident hazard in itself. (2) U.S. Department of Interior, Mo. 64106 (Colorado, Iowa, Kansas, Missouri, (c) Point of Operation Guarding. Montana, Nebraska, North Dakota, South Bureau of Mines Dakota, Utah, and W yoming). (1) Point of operation is the area on (i) Safety Code for Bituminous Coal and 6. West Gulf Region, Room 601, Mayflower a machine where work is actually per­ Lignite Mines of the United States, Part I— Building, 411 North Akard Street, Dallas, formed upon the material being Underground Mines, and Part H—Strip Tex. 75201 (Arkansas, Louisiana, New Mexico, processed., Mines. Oklahoma, and Texas). (2) Where existing standards pre­ (ii) Safety Code for Anthracite Mines of 7. Pacific Region, 10353 Federal Building, pared by organizations listed in § 50- the United States, Part I—Underground 450 Golden Gate - Avenue, Box 36017, San 204.2 provide for point of operation Mines, and Part n —Strip Mines. Francisco, Calif. 94102 { Alaska, Arizona, (iii) Safety Standards for Surface Auger California, Hawaii, Idaho, Nevada, Oregon, guarding such standards shall prevail. Mining. Washington and Guam). Other types of machines for which there (iv) Respiratory Protective Devices Ap­ are no specific standards, and the opera­ proved by the Bureau of Mines, Information (c) In applying the safety and healthtion exposes an employee to injury, the Circular 8281. * standards referred to in paragraph (a) point of operation shall be guarded. The of this section the Secretary may add to, (3) U.S. Department of Transporta­ guarding device shall be so designed and strengthen or otherwise modify any constructed so as to prevent the opera­ tion. standards whenever he considers that tor from having any part of his body in 49 CFR 171-179 and 14 CFR 103 Hazardous the standards do not adequately protect the danger zone during the operating materials regulation—Transportation of the safety and health erf employees as cycle. compressed gases. required by the Walsh-Healey Public (3) Special hand tools for placing and (4) U.S. Department of Health, Edu­ Contracts Act. removing material shall be such as to cation, and Welfare, Public Health § 50—204.3 Material handling and stor­ permit easy handling of material with­ Service. age. out the operator placing a hand in the (i) Publication No. 24—Manual of Indi­ (a) Where mechanical handling equip­ danger zone. Such tools shall not be in vidual Water Supply Systems. ment is used, sufficient safe clearances lieu of other guarding required by this (ii) Publication No. 526—Manual of shall be allowed for aisles, at loading section, but can only be used to supple­ Septic-Tank Practices. docks, through doorways and wherever ment protection provided. (iii) Publication No. 546—The Vending of turns or passage must be made. Aisles (4) The following are some of the Food and Beverages. machines which usually require point of (iv) Publication No. 934—Food Service and passageways shall be kept clear and Sanitation M anual. in good repair, with no obstruction operation guarding: (v) Publication No. 956—Drinking Water across or in aisles that could create a Gullotine cutters. Standards. hazard. Permanent aisles and passage­ S h ears. (vl) Publication No. 1183—A Sanitary ways shall be appropriately marked. Alligator shears. Standard for M anuf actured Ice. (b) Storage of material shall not cre­ Power presses. (vii) Publication No. 1518—Working with ate a hazard. Bags, containers, bundles, Milling machines. Silver Solder. Power saws. etc. stored in tiers shall be stacked, J o in ter s. (5) U.S. Department of Defense. blocked, interlocked and limited in height Portable power tools. (i) AFM 127—100—Air Force—Explosives so that they are stable and secure against Forming rolls and calenders. Safety Manual. sliding or collapse. (ii) AMCR 385-224—Army Material Com­ (c) Storage areas shall be kept free (d) Revolving drums, barrels and con? mand—AMC Safety Manual. from accumulation of materials that con­ tamers shall be guarded by an enclosure (iii) NAVORD OP5—Navy—Ammunition stitute hazards from tripping, fire, ex­ which is interlocked with the drive Ashore, Handling, Stowing, and Shipping. plosion, or pest harborage. Vegetation mechanism, so that the barrel, drum or (6) U.S. Department of Agriculture. . control will be exercised when necessary. container cannot revolve unless the (d) Proper drainage shall be provided. guard enclosure is in place. Respiratory Devices for Protection against (e) When the periphery of the blades Certain Pesticides—ARS 33-76-2. (e) Clearance signs to warn off clear­ ance limits shall be provided. of a fan is less than seven (7) feet above (b) Information as to the standards, (f) Derail and/or bumper blocks shall the floor or working level, the blades specifications, and codes applicable to a be provided on spur railroad tracks where shall be guarded. The guard shall have particular contract or invitation for bids a rolling car could contact other cars be­ openings no larger than one half (%) and as to the places where such docu­ ing worked, enter a building, work or inch. ments and those incorporated by refer­ traffic area. (f) Machines designed for a fixed lo­ ence in other sections of this part may (g) Covers and/or guard rails shall be cation shall be securely anchored to pre­ be obtained and is available at the provided to protect personnel from the vent walking or moving. Office of the Director of the Bureau of hazards of open pits, tanks, vats, ditches, § 50—204.6 Medical services and first Labor Standards, U.S. Department of etc. aid. Labor, Railway Labor Building, Wash­ § 50—204.4 Tools and equipment. ington, D.C. 20210, and at any of the (a) The employer shall ensure the Each employer shall be responsible for ready availability of medical personnel following regional offices of the Bureau: the safe condition of tools and equipment for advice and consultation on matter of 1. North Atlantic Region, 341 Nintl used by employees.. plant health. Avenue, Room 920, New York, N.Y. 1000: § 50—204.5 Machine guarding. (b) In the absence of an infirmary, (Connecticut, Maine, Massachusetts, Nev clinic or hospital in near proximity to Hampshire, New York, Rhode Island, Ver (a) One or more methods of machine mont, New Jersey and Puerto R ico). the work place which is used for the 2. Middle Atlantic Region, 1110-A or I guarding shall be provided to protect the treatment of all injured employees, a operator and other employees in the ma­ Federal Building, Charles Center, 31 Hopkim person or persons shall be adequately Fiaza, Baltimore, Md. 21201 (Delaware chine area from hazards such as those istrict of Columbia, Maryland, North Caro created by point of operation, in going trained to render first aid. First aid sup­ hna, Pennsylvania, Virginia, and Wes nip points, rotating parts, flying chips plies approved by the consulting physi­ V irginia). and sparks. Examples of guarding meth­ cian shall be readily available.

FEDERAL REGISTER, VOL. 34, NO. 12— FRIDAY, JANUARY 17, 1969 790 RULES AND REGULATIONS

(c) Where the eyes or body of anyresponse: Provided, however, That a The continuous noise exposure equiv­ person may be exposed to injurious cor­ maximum permissible steady (or equiv­ alent for the composite noise exposure rosive materials, suitable facilities for alent) noise level in the working envi­ index is then read from Table II follow­ quick drenching or flushing of the eyes ronment not exceeding 92 decibels “A” ing paragraph (d) of this section. and body shall be provided within the scale, slow response will be considered in (c) In all cases where the noise levels work area for immediate emergency use. compliance until January 1, 1971, if an regularly exceed 85 decibels “A” scale in § 50—204.7 Personal protective equip­ effective hearing conservation program such a manner as to be likely to cause ment. is established and carried out (i) to any impairment to hearing (AAOO protect the hearing of employees, and (ii) method*) to the employees, then annual Protective equipment, including per­ to reduce the steady or equivalent noise audiometric examinations shall be per­ sonal protective equipment for eyes, face, level to 85 decibels, “A” scale, slow formed on such exposed employees. Rec­ head, and extremities, protective cloth­ response. ords of the audiometric examinations ing, respiratory devices, and protective (2) In all cases, feasible engineering shall be available for examination by a shields and barriers, shall be provided controls must first be determined and qualified industrial hygienist, physician and maintained in a sanitary and reli­ implemented. Methods of control in the or safety engineer representing the U.S. able condition wherever it is necessary working environment include reducing Department of Labor. Positive action by reason of hazards of processes or the amount of noise produced at the shall be taken to assure that audiometric environment, chemical hazards, radio­ source, reducing the amount transmitted examinations and noise level readings logical hazards, or mechanical irritants through the air, and substituting quieter shall be done in accord with the appli­ encountered in a manner capable of machinery or procedures. If the noise cable standards of the United States of causing injury or impairment in function levels cannot be restricted within the America Standards Institute. of any part of the body through absorp­ maximum permissible (or equivalent) (d) (1) At the request of an employee tion, inhalation or physical contact. level by such methods, employees hear­ (or former employee) a report of the em­ Where employees provide their own pro­ ing shall be safeguarded by adequate ployee’s audiometric examinations as tective equipment, the employer shall be personal protective equipment. shown in records maintained by the em­ responsible to assure its adequacy, in­ (b) If the variations in noise level in­ployer pursuant to paragraph (c) of this cluding proper maintenance and sanita­ volve maxima at the intervals or 1 sec­ section, shall be furnished to him. The re­ tion of such equipment. All personal ond or less, it is to be considered steady. port shall be in writing and contain the protective equipment shall be of safe If the intervals are more than 1 second following statement: design and construction for the work to and the duration of the maxima are less This report is furnished to you under the be performed. than 1 second each, maximum is to be provisions of the U.S. Department of Labor, § 50—204.8 Use o f compressed air. considered as 1 second. Where the noise Safety and Health Standards (41 CFR Part is not steady the equivalent steady noise 50-204). You should preserve this report for Compressed air shall not be used for future reference. cleaning purposes except where reduced level is determined by the following to less than 30 p.s.i. and then only with procedure: The duration over 1 week of (2) The former employee’s request effective chip guarding and personal pro­ each clearly distinguishable sound level should include appropriate identifying tective equipment. is located in Column 1 of Table I follow­ data, such as social security number and ing paragraph (d) of this section and dates and locations of employment. § 50—204.10 Occupational noise expo­ the partial noise exposure index is read sure. at the intersection of this row with the 1 Guide for Conservation of Hearing in (a) (1) The maximum permissible appropriate sound level column. The Noise, 1964: steady (or equivalent) noise level in the Sub-Committee on Noise Research, American working environment shall not exceed partial noise exposure indices thus ob­ Academy of Ophthalmology and Otolaryn­ 85 decibels as measured on the “A” scale tained are added arithmetically. The sum gology, Callier Hearing & Speech Center, of a standard sound level meter at slow is the composite noise exposure index. 3819 Maple Avenue, Dallas, Tex. 75219.

FEDERAL REGISTER, VOL. 34, NO. 12— FRIDAY, JANUARY 17, 1969 RULES AND REGULATIONS 791

T able I.—Duration/Week

ate 80 82 84 86 88 90 92 94 96 98 100 102 104 106 108 110 112 114 116 118 120 122 124 126 128 130

10 5 5 5 5 10 10 15 20 25 30 40 50 65 70 90 110 140 165 12 5 5 5 10 10 15 20 25 30 35 45 55 70 85 105 135 165 200 14 5 5 5 10 15 15 20 30 35 45 55 65 80 100 125 155 195 16 5 5 5 10 10 15 20 25 30 40 50 60 75 90 115 145 180 18 6 5 5 10 15 15 20 30 35 45 55 70 85 105 130 160 200 20 5 5 10 10 15 20 25 30 40 50 60 75 95 115 145 180 25 5 5 10 15 20 25 30 40 50 65 75 95* 120 145 180 30 5 5 10 10 15 20 30 35 45 60 75 90 115 145 170 40 5 5 10 15 20 30 40 50 65 80 100 125 155 190 50 5 10 15 . 20 25 35 45 60 80 100 125 155 190 1 60 5 5 10 15 25 30 45 55 75 95 120 150 185 70 5 5 10 20 25 35 50 65 85 110 140 175 80 5 5 15 20 30 40 55 75 100 125 160 200 m 90 5 10 15 25 35 45 65 85 110 140 180 100 5 5 10 15 25 40 55 70 95 125 155 200

2 120 5 5 10 20 30 45 65 85 115 150 190 5 5 15 25 40 55 80 105 140 185 2M / 3 5 5 10 15 30 45 70 95 130 170

3 ^ 5 5 10 20 35 55 80 110 150 200 4 5 5 , 5 10 20 40 60 90 125 170 5 5 5 10 15 25 50 75 115 160 6 5 5 10 15 30 55 90 135 190 7 5 5 5 10 20 40 65 105 160 8 5 5 10 15 20 45 75 120 180 9 5 5 10 15 25 50 85 135 10 5 5 5 10 15 25 55 95 150 12 5 5 5 10 20 30 65 115 180 14 5 5 10 15 20 35 75 135 16 5 5 10 15 2/ 40 85 150

18 5 ff 10 20 SO 45 95 170 20 5 10 15 20 30 50 105 190

25 5 1 0 15 25 40 65 135

30 10 10 20 30 45 ' 75 160

35 10 15 2 0 35 55 90 190

40 10 15 i 25 40 65 190 1 k. Table II Subpart C— Radiation Standards dividuals from exposure to radiation or radioactive materials. C om posite E qu ivalen t § 50—204.20 Radiation— definitions. noise con tin u ou s (d) “Unrestricted area” means any exposure sound level As used in this subpart: area access to which is not controlled by in dex dBA (a) “Radiation” includes alpha rays, the employer for purposes of protection 10 ______80 beta rays, gamma rays, X-rays, neutrons, of individuals from exposure to radia­ 15 ___\.______82 high-speed electrons, high-speed pro­ tion or radioactive materials. 20 ______83 tons, and other atomic particles; but (e) “Dose” means the quantity of 25 ------84 such term does not include sound or radio 30 ______85 ionizing radiation absorbed, per unit of 40 ______86 waves, or visible light, or infrared or mass, by the body or by any portion of 50 ______87 ultraviolet light. the body. When the provisions in this 6 0 ___ ,______88 (b) “Radioactive material” means any subpart specify a dose during a period of 80 ______.______89 material which emits, by spontaneous time, the dose is the total quantity of 100 ______90 nuclear disintegration, corpuscular or radiation absorbed, per unit of mass, by I3 5 ------91 electromagnetic emanations/ the body or by any portion of the body 150 ______92 180 ______93 (c) “Restricted area” means any area during such period of time. Several dif­ 210 ______94 access to which is controlled by the em­ ferent units of dose are in current use. 250 ______9 5 ployer for purposes of protection of in- Definitions of units used in this subpart

FEDERAL REGISTER, VOL 34, NO. 12— FRIDAY, JANUARY 17, 1969 792 RULES AND REGULATIONS are set forth in paragraphs (f) and (g) ing radiation in such a manner as to (3) The four periods in a calendar year of this section. cause any individual in a restricted area may consist of the first 14 complete, con­ (f) “Rad” means a measure of the to receive in any period of one calendar secutive calendar weeks; the next 12 dose of any ionizing radiation to body quarter from sources in the employer’s complete, consecutive calendar weeks, tissues in terms of the energy absorbed possession or control a dose in excess of the next 14 complete, consecutive cal­ per unit of mass of the tissue. One rad the limits specified in the following endar weeks, and the last 12 complete, is the dose corresponding to the absorp­ table: consecutive calendar weeks. If at the end tion of 100 ergs per gram of tissue (1 R em s per of a calendar year there are any days not ' calen dar falling within a complete calendar week millirad (mrad) =0.001 rad). qu arter (g) “Rem” means a measure of the of that year, such days shall be included 1. Whole body: Head and trunk; ac­ (for purposes of this part) within the dose of any ionizing radiation to body tive blood-forming organs; lens of tissue in terms of its estimated biological eyes; or gonads______:------1% last complete calendar week of the year. effect relative to a dose of 1 roentgen (r) 2. Hands and forearms; feet and If at the beginning of any calendar year of X-rays (1 millirem (mrem) =0.001 a n k les ______18% there are days not falling within a com­ rem). The relation of the rem to other 3. Skin of whole body ______7% plete calendar week of that year, such days shall be included (for purposes of dose units depends upon the biological (b) An employer may permit an indi­ effect under consideration and upon the this part) within the last complete week vidual in a restricted area to receive of the previous year. conditions for irradiation. Each of the doses to the whole body greater than following is considered to be equivalent those permitted under paragraph (a) of (e) No employer shall change the to a dose of 1 rem: method used by him to determine calen­ this section, so long as: dar quarters except at the beginning of (1) A dose of 1 rad due to X- or (1) During any calendar quarter the a calendar year. gamma radiation; dose to the whole body shall not exceed (2) A dose of 1 rad due to X-, gamma, 3 rems; and - - § 50—204.22 Exposure to airborne radio­ or beta radiation; (2) The dose to the whole body, when active material. (3) A dose of 0.1 rad due to neutrons added to the.accumulated occupational (a) No employer shall possess, use or or high energy protons; dose to the whole body, shall not exceed transport radioactive material in such (4) A dose of 0.05 rad due to particles 5 (N-18) rems, where “N” equals the a manner as to cause any employee, with­ heavier than protons and with sufficient individual’s age in years at his last birth­ in a restricted area, to be exposed to energy to reach the lens of the eye; , day; and airborne radioactive material in an av­ (5) If it is more convenient to measure (3) The employer maintains adequate erage concentration in excess of the lim­ the neutron flux, or equivalent, than to past and current exposure records which its specified in Table I of Appendix B to determine the neutron dose in rads, as show that the addition of such a dose 10 CFR Part 20. The limits given in Table provided in subparagraph (3) of this will not cause the individual to exceed I are for exposure to the concentrations paragraph, 1 rem of neutron radiation the amount authorized in this paragraph. specified for 40 hours in any workweek of may, for purposes of the provisions in As used in this paragraph “Dose to the 7 consecutive days. In any such period this subpart be assumed to be equivalent whole body” shall be deemed to include where the number of hours of exposure is to 14 million neutrons per square centi­ any dose to the whole body, gonad, active less than 40, the limits specified in the meter incident upon the body; or, if bloodforming organs, head and trunk, or table may be increased proportionately. there is sufficient information to estimate lens of the eye. In any such period where the number of with reasonable accuracy the approxi­ (c) No employer shall permit any em­ hours of exposure is greater than 40, the mate distribution in energy of the neu­ ployee who is under 18 years of age to limits specified in the table shall be de­ trons, the incident number of neutrons receive in any period of one calendar creased proportionately. per square centimeter equivalent to 1 quarter a dose in excess of 10 percent of (b) No employer shall possess, use, or rem may be estimated from the following the limits specified in the table in para­ transfer radioactive material in such a table: graph (a) of this section. manner as to cause any individual with-' (d) “Calendar quarter” means any 3- in a restricted area, who is under 18 years N etjtron F lux Dose E quivalents month period determined as follows: of age to be exposed to airborne radioac­ tive material in an average concentration Number of Average flux to (1) The first period of any year may Neturon energy neutrons per deliver 100 begin on any date in January: Provided, in excess of the limits specified in Table (million electron square centimeter millirem in That the second, third, and fourth pe­ 11 of Appendix B to 10 CFR Part 20. For volts [Mev]) equivalent to a 40 hours dose of 1 rem (neutrons/cm2 riods accordingly begin on the same date purposes of this paragraph, concentra­ (neutrons/cm2) per sec.) in April, July, and October, respectively, tions may be averaged over periods not and that the fourth period extends into greater than 1 week. T h e rm al...... 970X10® 670 January of the succeeding year, if nec­ (c) “Exposed” as used in this section 0.0001...... 720X10« 500 0.005...... 820X10« 570 essary to complete a 3-momth quarter. means that the individual is present in an 0.02...... 400X10« 280 During the first year of use of this airborne concentration. No allowance 0.1...... 120X10« 80 shall be made for the use of protective 0.5...... 43X10« 30 method of determination, the first period 1.0...... 26X10« 18 for that year shall also include any ad­ clothing or equipment, or particle size, 2.5 ...... 29X10« 20 ditional days in January preceding the except as authorized by the Director, 5.0...... 26X10« 18 7.5 ...... 24X10« 17 starting date for the first period; or Bureau of Labor Standards. 1 0 -...______24X10« 17 10 to 3 0 ...... 14X10« 10 (2) The first period in a calendar year § 50—204.23 Precautionary procedures of 13 complete, consecutive calendar and personnel monitoring. weeks; the second period in a calendar (h) For determining exposures to X-year of 13 complete, consecutive calen­ (a) Every employer shall make such or gamma rays up to 3 Mev., the dose dar weeks; the third period in a calendar surveys as may be necessary for him to limits specified in this part may be year of 13 complete, consecutive calen­ comply with the provisions in this sub­ assumed to be equivalent to the “air dar weeks; the fourth period in a calen­ part. “Survey” means an evaluation of dose”. For the purpose of this subpart dar year of 13 complete, consecutive cal­ the radiation hazards incident to the pro­ “air dose” means that the dose is meas­ endar weeks. If at the end of a calendar ured by a properly calibrated appropri­ year there are any days not falling within duction, use, release, disposal, or presence ate instrument in air at or near the body a complete calendar week of that year, of radioactive materials or other sources surface in the region of the highest such days shall be included within the of radiation under a specific set of con­ dosage rate. last complete calendar week of that year. ditions. When appropriate, such evalua­ § 50—204.21 Exposure of individuals to If at the beginning of any calendar year tion includes a physical survey of the lo­ radiation in restricted areas. there are days not falling within a com­ cation of materials and equipment, and plete calendar week of that year, such (a) Except as provided in paragraph days shall be included within the last measurements of levels of radiation or (b) of this section, no employer shall complete calendar week of the previous concentrations of radioactive materia possess, use, or transfer sources of ioniz- year; or present.

FEDERAL REGISTER, VOL. 34, NO. 12— FRIDAY, JANUARY 17, 1969 RULES AND REGULATIONS 793

(b) Every employer shall supply ap­ (2) In addition to the contents of signs posted with a sign or signs bearing the propriate personnel monitoring equip­ and labels prescribed in this section, em­ radiation caution symbol and the words : ment, such as film badges, pocket ployers may provide on or near such signs C A U TIO N 2 chambers, pocket dosimeters, or film and labels any additional information RADIOACTIVE MATERIALS rings, to, and shall require the use of such which may be appropriate in aiding in­ equipment by: dividuals to minimize exposure to radia­ (f) Containers. (1) Each container in (1) Each employee who enters a re­ tion or to radioactive material. which is transported, stored, or used a stricted area under such circumstances (b) Radiation areas. Each radiation quantity of any radioactive material that he receives, or is likely to receive, a area shall be conspicuously posted with (other than natural uranium or thorium) dose in any calendar quarter in excess of a sign or signs bearing the radiation greater than the quantity of such ma­ 25 percent of the applicable value speci­ caution symbol and the words: terial specified in Appendix C to 10 CPR fied in paragraph (a) of § 50-204.21; and Part 20 shall bear a durable, clearly visi­ C A U TIO N 2 ble label bearing the radiation caution (2) Each employee under 18 years of RADIATION AREA age who enters a restricted area under symbol and the words: such circumstances that he receives, or is (c) High radiation area. (1) Each high c a u t i o n 2 likely to receive, a dose in any calendar radiation area shall be conspicuously RADIOACTIVE MATERIALS quarter in excess of 5 percent of the posted with a sign or signs bearing the radiation caution symbol and the words: (2) Each container in which natural applicable value specified in paragraph uranium or thorium is transported, (a) of § 50-204.21; and c a u t i o n 2 (3) Each employee who enters a high HIGH RADIATION AREA stored, or used in a quantity greater than radiation area. 10 times the quantity specified in Ap­ (c) As used in this subpart: (2) Each high radiation area shall be pendix C to 10 CPR Part 20 shall bear equipped with a control device which (1) “Personnel monitoring equipment” a durable, clearly visible label bearing the means devices designed to be worn or shall either cause the level of radiation carried by an individual for the purpose to be reduced below that at which an radiation caution symbol and the words : of measuring the dose received (e.g., film individual might receive a dose of 100 c a u t i o n 2 badges, pocket chambers, pocket dosim­ millirems in 1 hour upon entry into the RADIOACTIVE MATERIALS eters, film rings, etc.); area or shall energize a conspicuous vis­ (3) Notwithstanding the provisions of (2) “Radiation area” means any area, ible or audible alarm signal in such a manner that the individual entering and subparagraphs (1) and (2) of this para­ accessible to personnel, in which there graph a label shall not be required: exists radiation at such levels that a the employer or a supervisor of the ac­ tivity are made aware of the entry. In (i) If the concentration of the ma­ major portion of the body could receive terial in the container does not exceed in any one hour a dose in excess of 5 the case of a high radiation area estab­ lished for a period of 30 days or less, such that specified in column 2 of the de­ millirem, or in any 5 consecutive days a scribed Table 1, or dose in excess of 100 millirem; and control device is not required. (d) Airborne radioactivity area. (1) As (ii) For laboratory containers, such as (3) “High radiation area” means any beakers, flasks, and tests tubes, used area, accessible to personnel, in which used in the provisions of this subpart, “airborne radioactivity area” means (i) transiently in laboratory procedures, there exists radiation at such levels that when the user is present. a major portion of the body could receive any room, enclosure, or operating area in in any one hour a dose in excess of 100 which airborne radioactive materials, (4) Where containers are used for millirem. composed wholly or partly of radioactive storage, the labels required in this para­ material, exist in concentrations in ex­ graph shall state also the quantities and § 50—204.24 Caution signs, labels, and cess of the amounts specified in column kinds of radioactive materials in the con­ signals.' 1 of Table 1 of Appendix B to 10 CPR tainers and the date of measurement of (a) General. (1) Symbols prescribed Part* 20 or (ii) any room, enclosure, or the quantities. by this section shall use the conventional operating area in which airborne radio­ § 50—204.25 Exceptions from posting radiation caution colors (magenta or active materials exist in concentrations requirements. purple on yellow background). The sym­ which, averaged over the number of bol prescribed by this section is the con­ Notwithstanding the provisions of hours in any week during which individ­ § 50-204.24: ventional three-bladed design: uals are in the area, exceed 25 percent (a) A room or area is not required to R a d ia t io n S y m b o l of the amounts specified in column 1 of the described Table 1. be posted with a caution sign because of 1. Cross-hatched area is to be magenta the presence of a sealed source, provided or purple. (2) Each airborne radioactivity area the radiation level 12 inches from the shall be conspicuously posted with a sign 2. Background is to be yellow. surface of the source container or hous­ or signs bearing the radiation caution ing does not exceed 5 millirem per hour. symbol and the words: (b) Rooms or other areas in on-site C A U T IO N 2 medical facilities are not required to be AIRBORNE RADIOACTIVITY AREA posted with caution signs because of the (c) Additional requirements. (1) Eachpresence of patients containing radioac­ area or room in which radioactive ma­ tive material, provided that there are terial is used or stored and which con­ personnel in attendance who shall take tains any radioactive material (other the precautions necessary to prevent the than natural uranium or thorium) in any exposure of any individual to radiation amount exceeding 10 times the quantity or radioactive material in excess of the of such material specified in Appendix limits established in the provisions of this C to 10 CPR Part 20 shall be conspiciously subpart. posted with a sign or signs bearing the ra­ (c) Caution signs are not required to diation caution symbol and the words: be posted at areas or rooms containing radioactive .materials for periods of less c a u t i o n 2 than 8 hours: Provided, That (1) the RADIOACTIVE MATERIALS materials are constantly attended during (2) Each area or room in which nat­ such periods by an individual who shall ural uranium or thorium is used or take the precautions necessary to prevent stored in an amount exceeding 100 times the exposure of any individual to radia­ the quantity specified in Appendix C to tion or radioactive materials in excess of the limits established in the provisions 10 CFR Part 20 shall be conspicuously of this subpart; and (2) such area or room is subject to the employer’s 2 Or “Danger”. control.

FEDERAL REGISTER, VOL. 34, NO. 12— FRIDAY, JANUARY 17, 1969 794 RULES AND REGULATIONS

§ 50—204.26 Exemptions for radioactive (1) Exposure of the whole body of any of radioactive material, the employer materials packaged for shipment. individual to 25 rems or more of radia­ shall also notify such individual of the Radioactive materials packaged and tion; exposure of the skin of the whole nature and extent of exposure. Such labeled in accordance with regulations of body of any individual to 150 rems or notice shall be in writing and shall con­ the Department of Transportation shall more of radiation; or exposure of the feet, tain the following statement: “You be exempt from the labeling and posting ankles, hands, or forearms of any indi­ should preserve this report for future requirements during shipment, provided vidual to 375 rems or more of radiation; reference.” or that the inside containers are labeled in § 50—204.32 Records. accordance with the provisions of (2) The release of radioactive material § 50-204.24. in concentrations which, if averaged over (a) Every employer shall maintain rec­ a period of 24 hours, would exceed 5,000 ords of the radiation exposure of all em­ § 50—204.27 Instruction of personnel times the limit specified for such mate­ ployees for whom personnel monitoring posting. rials in Table II of Appendix B to 10 CPR is required under § 50-204.23 and advise Employers regulated by the AEC shall Part 20. each of his employees of his individual be governed by “§ 20.206” (10 CPR Part (3) A loss of 1 working week or more exposure on at least an annual basis. 20) standards. Employers in a State of the operation of any facilities affected; (b) Every employer shall maintain named in § 50-204.34 (c) shall be gov­ or records in the same units used in tables erned by the requirements of the laws (4) Damage to property in excess of in § 50-204.21 and Appendix B to 10 and regulations of that State. All other $ 100,000. CFR Part 20. employers shall be regulated by the (b) Twenty-four hour notification. following: Each employer shall within 24 hours fol­ § 50—204.33 Disclosure to former em­ (a) All individuals working in or fre­lowing its occurrence notify the Regional ployee of individual employee’s quenting any portion of a radiation area Director of the appropriate Wage and record. shall be informed of the occurrence of Labor Standards Administration, Office (a) At the request of a former em­ radioactive materials or of radiation in of Occupational Safety of the Bureau of ployee an employer shall furnish to the such portions of the radiation area; shall Labor Standards of the U.S. Department employee a report of the employee’s ex­ be instructed in the safety problems asso­ of Labor, for employees not protected by posure to radiation as shown in records ciated with exposure to such materials AEC by means of 10 CFR Part 20, § 50- maintained by the employer pursuant to or radiation and in precautions or de­ 204.34(b) of this part, or the require­ § 50-204.32 (a ). Such report shall be fur­ vices to minimize exposure; shall be in­ ments of the laws and applicable regula­ nished within 30 days from the time the structed in the applicable provisions of tions of States named in § 50-204.34(c), request is made, and shall cover each cal­ this subpart for the protection of em­ by telephone or telegraph of any incident endar quarter of the individual’s employ­ ployees from exposure to radiation or involving radiation which may have ment involving exposure to radiation or radioactive materials; and shall be ad­ caused or threatens to cause: such lesser period as may be requested by vised of reports of radiation exposure (1) Exposure of the whole body of any the employee. The report shall also in­ which employees may request pursuant individual to 5 rems or more of radia­ clude the results of any calculations and to the regulations in this part. tion; exposure of the skin of the whole analysis of radioactive material deposited (d) Each employer to whom this sub­body of any individual to 30 rems or more in the body of the employee. The report part applies shall post a current copy of radiation; or exposure of the feet, shall“ be in writing and contain the fol­ of its provisions and a copy of the operat­ ankles, hands, or forearms to 75 rems or lowing statement: “You should preserve ing procedures applicable to the work more of radiation; or this report for future reference.” under contract conspicuously in such (2) A loss of 1 day or more of the (b) The former employee’s request locations as to ensure that employees operation of any facilities; or should include appropriate identifying working in or frequenting radiation (3) Damage to property in excess of data, such as social security number and areas will observe these documents on $ 10,000. dates and locations of employment. the way to and from their place of em­ § 50—204.31 Reports of overexposure § 50—204.34 AEC licensees—AEC con­ ployment, or shall keep such documents and excessive levels and concentra­ tractors operating AEC plants and available for examination of employees tions. facilities—AEC agreement State li­ upon request. (a) In addition to any notification re­ censees or registrants. § 50—204.28 Storage of radioactive ma­ quired by § 50-204.30 each employer shall (a) Any employer who possesses or terials. make a report in writing within 30 days uses source material, byproduct material, Radioactive materials stored in a non­ to the Regional Director of the appro­ or special nuclear material, as defined in radiation area shall be secured against priate Wage and Labor Standards Ad­ the Atomic Energy Act of 1954, as unauthorized removal from the place of ministration, . Office of Occupational amended, under a license issued by the storage. Safety of the Bureau of Labor Standards Atomic Energy Commission and" in ac­ of the U.S. Department of Labor, for em­ cordance with the requirements of 10 § 50—204.29 Waste disposal. ployees not protected by AEC by means CFR Part 20 shall be deemed to be in No employer shall dispose of radioac­ of 10 CFR Part 20, or under section compliance with the requirements of this tive material except by transfer to an 50-204.34 (b) of this part, or the re­ subpart with respect to such possession authorized recipient, or in a manner ap­ quirements of the laws and regulations of and use. proved by the Atomic Energy Commis­ States named in § 50-204.34(c), of each (b) AEC contractors operating AEC sion or a State named in § 50-204.34(c). exposure of an individual to radiation plants and facilities: Any employer who or concentrations of radioactive material possesses or uses source material, by­ § 50—204.30 Notification of incidents. in excess of any applicable limit in this product material, special nuclear ma­ (a) Immediate notification. Each em­subpart. Each report required under this terial, or other radiation sources under ployer shall immediately notify the Re­ paragraph shall describe the extent of a contract with the Atomic Energy Com­ gional Director of the appropriate Wage exposure of persons to radiation or to mission for the operation of AEC plants and Labor Standards Administration, radioactive material; levels of radiation and facilities and in accordance with the Office of Occupational Safety of the and concentrations of radioactive ma­ standards, procedures, and other require­ Bureau of Labor Standards of the U.S. terial involved, the cause of the exposure, ments for radiation protection estab­ Department of Labor, for employees levels of concentrations; and corrective lished by the Commission for such con­ not protected by AEC by means of 10 steps taken or planned to assure against tract pursuant to the Atomic Energy Act CFR Part 20, § 50-204.34 (b) of this part, a recurrence. of 1954 as amended (42 U.S.C. 2011 et or the requirements of the laws and reg­ (b) In any case where an employer is seq.), shall be deemed to be in compliance ulations of States named in § 50-204.34 required pursuant to the provisions of with the requirements of this subpart (c), by telephone or telegraph of any in­ this section to report to the U.S. Depart­ with respect to such possession and use. cident involving radiation which may ment of Labor any exposure of an indi­ (c) AEC-agreement State licensees or have caused or threatens to cause: vidual to radiation or to concentrations registrants:

FEDERAL REGISTER, VOL. 34, NO. 12— FRIDAY, JANUARY 17, 1969 RULES AND REGULATIONS 795

(1) Atomic Energy Act Sources. Any such variation is necessary to obtain a (2) For other than uranium mines and employer who possesses or uses source beneficial use of radiation or atomic for surface workers in all mines, sub- material, byproduct material, or special energy, (2) such benefit is of sufficient paragraph (1) of this paragraph will be nuclear material, as defined in the Atomic value to warrant the variation, (3) ein- applicable: Provided, however, That if Energy Act of 1954, as amended (42 ployees will not be exposed to an undue no environmental sample shows a con­ U.S.C. 2011 et seq.), and has either regis­ hazard, and (4) appropriate actions will centration greater than 0.33 working tered such sources with, or is operating be taken to protect the health and safety level in any occupied part of the mine, under a license issued by, a State which of such employees. the maintenance of individual occupancy has an agreement in effect with the (b) Applications for such variations records and the calculation of individual Atomic Energy Commission pursuant to should be filed with the Director, Bu­ exposures will not be required. section 274(b) (42 U.S.C. 2021(b)) of the reau of Labor Standards, U.S. Depart­ (d) (1) At the request of an employee Atomic Energy Act of 1954, as amended, ment of Labor, Washington, D.C. 20210. (or former employee) a report of the em­ and in accordance with the requirements § 50—204.36 Radiation standards for ployee’s exposure to radiation as shown of that State’s laws and regulations shall mining. in records maintained by the employer be deemed to be in compliance with the pursuant to paragraph (c) of this sec­ radiation requirements of this part, inso­ (a) For the purpose of this section, a tion, shall be furnished to him. The re­ far as his possession and use of such ma­ “working level” is defined as any com­ port shall be in writing, and contain the terial is concerned, unless the Secretary bination of radon daughters in 1 liter of following statement: air which will result in the ultimate of Labor, after conference with the This report is furnished to you under the Atomic Energy Commission, shall deter­ emission of 1.3 x 105 million electron provisions of the U.S. Department of Labor, mine that the State’s program for con­ volts of potential alpha energy. The Radiation Safety and Health Standards (41 trol of these radiation sources is incom­ numerical value of the “working level” CFR 50—204.36). You should preserve this patible with the requirements of this part. is derived from the alpha energy released report -.'or future reference. Such agreements currently are in effect by the total decay of short-lived radon daughter products in equilibrium with (2) The former employee’s request only in the States of Alabama, Arkansas, should include appropriate identifying California, Kansas, Kentucky, Florida, 100 pico-curies of radon 222 per liter of air. A working level month is defined as data, such as social security number and Mississippi, New Hampshire, New York, dates and locations of employment. North Carolina, Texas, Tennessee, Ore­ the exposure received by a worker gon, Idaho, Arizona, Colorado, Louisiana, breathing air at one working level con­ Subpart D— Gases, Vapors, Fumes, Nebraska, and Washington. centration for 4Vá weeks of 40 hours Dustsf and Mists (2) Other sources. Any employer who each. possesses or uses radiation sources other (b) (1) Occupational exposure to § 50—204.50 Gases, vapors, fumes, dusts, than source material, byproduct mate­ radon daughters in mines shall be con­ and mists. rial, or special nuclear material, as de­ trolled so that no individual will receive (a) No employee shall be exposed by fined in the Atomic Energy Act of 1954, an exposure of more than 2 working inhalation, ingestion; skin absorption or as amended (42 U.S.C. 2011 et seq.), and level months in any consecutive 3-month contact to any material or substance at a has either registered such sources with, period and no more than 4 working level concentration above that Specified in the or is operating under a license issued by months in any consecutive 12-month “Threshold Limit Values of Airborne a State which has an agreement in effect period. Actual exposures shall be kept Contaminants for 1968” of the American with the Atomic Energy Commission as far below these values as practicable. Conference of Governmental Industrial pursuant to section 274(b) (42 U.S.C. (2) In enforcing this section, the Di­ Hygienists except for the following 2021(b) ) of the Atomic Energy Act of rector of the Bureau of Labor Standards standards—the values listed in Table I 1954, as amended, and in accordance may at any stage approve variations in of this section which are the subject of with the requirements of that State’s individual cases from the limitation set current USASI standards and except for laws and regulations shall be deemed to forth in subparagraph (1) of this para­ the values of Mineral Dusts—Table n of be in compliance with the radiation re­ graph to comply with the requirements this section as they appear herein. quirements of this part, insofar as his of the Act upon a showing to the satis­ (b) In all cases, feasible engineering possession and use of such material is faction of the Director by an employer controls must first be determined and ftn- concerned, provided the State’s program having a mine with conditions resulting plemented. Methods of control in the for control of these radiation sources is in an exposure of more than 4 working level months but not more than 12 work­ working environment include local ex­ the subject of a currently effective deter­ haust ventilation, general room air ven­ mination by the Secretary of Labor that ing level months in any 12 consecutive such program is compatible with the re­ months that (i) under the particular tilation for dilution of the contaminant, quirements of this part. Such determina­ facts and circumstances involved the substitution of less toxic material, and tions currently are in effect only in the working conditions of the employees so isolation or enclosure of the process or States of Alabama, Arkansas, California, exposed are such that their health and operation. In cases where protective Kansas, Kentucky, Florida, Mississippi, safety are protected, and (ii) the em -‘ ployer has a bona fide plan to reduce the equipment or protective equipment in New Hampshire, New York, North Caro­ addition to other measures is used as the lina, Texas, Tennessee, Oregon, Idaho, levels of exposure 'to those specified in Arizona, Colorado, Louisiana, Nebraska, subparagraph (1) of this paragraph as method of protecting the employee, such and Washington. soon as practicable, but in no event later protection must be approved for each than January 1, 1971. specific case by a competent industrial 8 50—204.35 Application for variations (c) For uranium mines, records of en­ from radiation levels. vironmental concentrations in the occu­ hygienist. T able I (a) In accordance with policy ex­ pied parts of the mine, and of the time 8-hr. tim e pressed in the Federal Radiation Coun­ spent in each area by each person in­ w eigh ted cil’s memorandum concerning radiation volved in underground work shall be es­ average protection guidance for Federal agencies tablished and maintained. These records Hydrogen Sulfide (Z37.2-1966)----- 20ppm (25 F.R. 4402), the Director, Bureau of Toluene (Z37.12-1967)______200ppm shall be in sufficient detail to permit cal­ Formaldehyde (Z37.16-1967)____ 3ppm Labor Standards may from time to time culations of the exposures, in units of grant permission to employers to vary Carbon Tetrachloride from the limitations contained in §§ 50- working level months, of the individuals (Z37.17—1967)------lOppm and shall be available for inspection by Trichlorethylene (Z37.19-1967)__ lOOppm 204.21 and 50-204.22 when the extent of Tetrachloroethylene (Z37.22-1967) lOOppm variation is clearly specified and it is the Secretary of Labor or his authorized Hydrogen Fluoride (Z37.28-1966) _ 3ppm demonstrated to his satisfaction that (1) agents. Fluoride Dust as F (Z37.28-1966) _ 2.5mg/M3

FEDERAL REGISTER, VOL. 34, NO. 12— FRIDAY, JANUARY 17, 1969 No. 12—Pt. II----2 796 RULES AND REGULATIONS

T able II cylinders shall be in accordance with 204.2(a)(3) shall be conducted in ac­ MINERAL DUSTS Compressed Gas Association Pamphlet cordance with the U.S. Department of G-l-1966. Transportation requirements. Where Substance Mppcf • Mg/M8 (b) The piped systems for the in-plant such requirements do not apply, Chapters transfer and distribution of acetylene 10, 11, 12, and 14 of-the Uniform Vehicle Silica: shall be designed, installed, maintained, Code of the National Committee on Uni­ Crystalline— and operated in accordance with Com­ form Traffic Laws and Ordinances, 1962 Quartz (Respirable)...... 250* lOmg/M*™ pressed Gas Association Pamphlet G-1.3- Edition, shall be used. %SiOs+5 %SiOs+2 1959. (c) Plants for the generation of acety­ Subpart F— Variations Quartz (Total D ust).______30mg/M8 lene and the charging (filling) of acety­ § 50—204.80 Variations. %SiOj+2 lene cylinders shall be designed, Cristobalite: Use Yi the value (a) Upon the written request of any calculated from the count or constructed, and tested in accordance mass formulae fqr quartz. with the standards prescribed in Com­ interested person, the Director of the Tridymite: Use Yi the value Bureau of Labor Standards may in par­ calculated from the pressed Gas Association Pamphlet G-1.4- formulae for quartz. 1966. ticular cases apply variations from the Amorphous, including natural provisions of this part in enforcing the diatomaceous earth...... 20 80mg/M3 § 50—204.67 Oxygen. Walsh-Healey Public Contracts Act fol­ %SiOa The in-plant transfer, handling, stor­ lowing consideration of the particular age, and utilization of oxygen as a liqüid facts and circumstances involved when­ Tremolite______5 20mg/M8 or a compressed gas shall be in accord­ ever he is satisfied that the safety and %SiOa ance with Compressed Gas Association health of employees is equally protected Silicates (less than 1% crystal­ line silica): Pamphlet G-4-1962. by such variations. Asbestos—12 fibers per milli­ (b) The provisions of this section shall liter greater than 5 microns § 50—204.68 Hydrogen. in length i o r...... 2 not apply to §§ 50-204.35 and 50-204.36, Mica...... — 20 The in-plant transfer; handling, stor­ which contain separate and specific Soapstone...... 20 age, and utilization of hydrogen shall be Talc...... 20 variations procedures. Portland Cement______60 in accordance with Compressed Gas As­ 2. Section 50-201.502 is revised to read Graphite (natural)______15 sociation Pamphlets G-5.1-1961 and G- Coal Dust (Respirable fraction ‘ 5.2-1966. as follows: less than 5% SiOj)...... 1.6mg/M8 § 50—201.502 Record of injuries. or § 50—204.69 Nitrous oxide. lOmg/M8 (a) Every person who is or shall be­ %SiOa+2 The piped systems for the in-plant come a party to a Government contract Inert or Nuisance Dust: transfer and distribution of nitrous oxide- which is subject to the provisions of the Respirable Fraction...... 15 5mg/M3 shall be designed, installed, maintained, Total Dust...... 50 15mg/M3 Walsh-Healey Public Contracts Act and and operated in accordance with Com­ the regulations thereunder, or who is pressed Gas Association Pamphlet G- N ote: Conversion factors 8.1-1964. performing or shall perform any part of mppcfX35.3=million particles per cubic meter such contract subject to the provisions = particles per c.c. § 50—204.70 Compressed gases. of such act or regulations, shall maintain «Millions of particles per cubic foot of air, based on The in-plant handling, storage, and the records specified below which shall be impinger samples counted by light-field technics. available for inspection by authorized 1 The percentage of crystalline silica in the formula is utilization of all compressed gases in cyl­ the amount determined from air-borne samples, except inders, portable tanks, rail tankcars, or representatives of the Secretary of in those instances in which other methods have been Labor: shown to be applicable. motor vehicle cargo tanks shall be in iAs determined by the membrane filter method at accordance with Compressed Gas Asso­ (1) Records of all injuries to em­ 430 X phase contrast magnification. ployees, including a brief description of kAs counted by the standard impinger, light-field ciation Pamphlet P-1-1965. Compressed count technique. gas cylinders, portable tanks, and cargo the manner of occurrence and the date “ Both concentration and percent quartz for the and duration of disability. application of this limit are to be determined from the tanks shall have pressure relief devices fraction passing a size-selector with the following char­ which shall be installed and maintained (2) Records of injury frequency rates, acteristics: in accordance with Compressed Gas calculated annually on a calendar year Association Pamphlets S -l.1-1963 (with basis commencing the first of January Aerodynamic diameter % passing selector 1965 addenda) and S-l.2-1963. of each year, as defined in United States (unit density sphere) of America Standards Institute, Z16.1- § 50—204.7i Safety relief devices for compressed gas containers. 1967 “Method of Recording and Measur­ 2 90 ing Work Injury Experience.” 2.5 75 3.5 50 Compressed gas cylinders, portable (3) Records of injury severity rates, 6.0 25 tanks, and cargo tanks shall have pres­ year 10 0 calculated annually on a calendar 0 sure relief devices installed and main­ basis commencing the first of January tained in accordance with Compressed of each year, as defined in United S tates Gas Association Pamphlets S -l. 1-1963 of America Standards Institute, Z16.1- § 50—204.65 Inspection of compressed and 1965 addenda and S-l.2-1963. gas cylinders. 1967 “Method of Recording and M easur­ § 50—204.72 Safe practices for welding ing Work Injury Experience.” Each contractor shall determine that and cutting on containers which have (b) The records required in paragraph compressed gas cylinders under his held combustibles. control are in a safe condition to the (a) of this section shall be kept on file at Welding or cutting or both on con­ least 3 years from the date of entry. extent that this can be determined by tainers which have held flammable or visual inspection. Visual and other in­ combustible solids, liquids, or gases, or (c) Where records are kept on a fiscal spections shall be conducted as prescribed have contained substances which may or insurance year basis, they sh all be in the Hazardous Materials Regulations produce flammable vapors or gases will accepted as being in compliance with of the Department of Transportation not be attempted until the containers (49 CFR Parts 171-179 and 14 CFR Part subparagraphs (2) and (3) of paragraph have been thoroughly cleaned in strict (a) of this section. 103). Where those regulations are not accordance with the rules and proce­ applicable, visual and other inspections dures embodied in American Welding (Sec. 4, 49 Stat. 2036; 41 U.S.C. 2038) shall be conducted in accordance with Society Pamphlet A-6.0-65, edition of Signed at Washington, D.C. this 10th Compressed Gas Association Pamphlets 1965. day of January 1969. C-6-198 and C-8-1962. Subpart E— Transportation Safety W il l a r d W ir t z , § 50—204.66 Acetylene. § 50—204.75 Transportation safety. Secretary of Labor. (a) The in-plant transfer, handling, Transportation in connection with [F.R. Doc. 69-563; Filed, Jan. 16, 1969; storage, and utilization of acetylene in public contracts, as listed in § 50- 8:45 a.m.]

FEDERAL REGISTER, VOL. 34, NO. 12— FRIDAY, JANUARY 17, 1969