FEDERAL REGISTER VOLUME 30 • NUMBER 113 Saturday, June 12, 1965 • Washington, D.C

FEDERAL REGISTER VOLUME 30 • NUMBER 113 Saturday, June 12, 1965 • Washington, D.C. Pages 7633-7689

Agencies in this issue— Agricultural Stabilization and Conservation Service Atomic Energy Commission Civil Aeronautics Board Civil Service Commission Consumer and Marketing Service Federal Aviation Agency Federal Communications Commission Federal Maritime Commission Federal Power Commission Federal Trade Commission Interior Department Interstate Commerce Commission Land Management Bureau Securities and Exchange Commission Small Business Administration Detailed list of Contents appears inside. Latest Edition Guide to Record Retention Requirements [Revised as of January 1, 1965]

This useful reference tool is designed keep them, and (3) how long they to keep industry and the general must be kept. Each digest also public informed concerning published includes a reference to the full text requirements in laws and regulations of the basic law or regulation govern­ relating to records-retention. It con­ ing such retention. tains about 900 digests detailing the retention periods for the many types of records required to be kept under The booklet’s index, numbering over Federal laws and rules. 2,000 items, lists for ready reference the categories of persons, companies, The ‘‘Guide” tells the user (1) what and products affected by Federal records must be kept, (2) who must record-retention requirements.

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Published daily, Tuesday through Saturday (no publication on Sundays, Mondays, on the day after an official Federal holiday), by the Office of the Federal Register, m ^ FEDERALWREGISTER"x 'W Archives and Records Service, General Services Administration (mail address «at Area------Code 202 Phone 963-3261 Archives Building, Washington, D.O. 20408), pursuant to the authority contained Federal Register Act, approved July 26, 1935 (49 Stat. 500, as amended; 44 U.S.O., ch. 8B ), under regulations prescribed by the¡ ^ istrative Committee of the Federal Register, approved by the President (1 CFR Ch. I). Distribution is made only by the Supe of Documents, Government Printing Office, Washington, D.C. ¿si20402.r±v*. navable to The Federal Register will be furnished by mail to subscribers, free of postage, for $1.50 per month or $15.00 per year. money advance. The______charge for _individual . copies (minimum 15. cents) . varies . in proportion . . . to the size .... of the issue. Remit checK o order, made payable to the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402. titles pur* The regulatory material appearing herein is keyed, to the Code of F ederal Regulations, which is published, u n d e r ^ o i sold by the^Superintendent suant to section 11 of the Federal Register Act, as amended. The Code of Federal Regulations is Documents.uments. Prices of books and pocket supplements are listedlistea min methe firstnrst Ffederalederal Rkegistekegister issue ofoi each month. regulations. There are no restrictions on the republication of material appearing in the F ederal Register or the Code of Federal Contents

Airworthiness directives: FEDERAL TRADE COMMISSION agricultural stabilization Boeing Models 707 and 720 Se­ and conservation s e r v ic e ries aircraft------7638 Rules and Regulations Rules and Regulations Grumman Model G-159 air­ Prohibited trade practices: craft______- 7638 Allied Stores Corp. et al------— 7652 Tobacco acreage allotment, 1963- Control zone, alteration; and des­ City of Paris et al------7653 64 and subsequent marketing ignation of transition area— _ 7639 Credit and Investigation Bureau years; lease and transfer.,------7646 IFR altitudes ; miscellaneous of Maryland and S. Bruce AGRICULTURE DEPARTMENT amendments______7639 Elieson______7655 Proposed Rule Making Federal Sweets & Biscuit Co., See Agricultural Stabilization and Inc______7655 Conservation Service; Consumer Airborne VOR receiving equip­ Foremost Dairies, Inc------7655 and Marketing Service. ment; withdrawal of proposal— 7663 Control zone, alteration; and des­ John Surrey, Ltd., and Joseph ATOMIC ENERGY COMMISSION Ross______7660 ignation of transition area— .. 7663 Margo’s, Inc., et al______7657 Proposed Rule Making Federal airways: Alteration______—----- 7665 Missouri College of Automation, Computation of quantities of spe­ Alterations and designation----- 7664 Inc., and Marion Shreve____ 7658 cial nuclear material in agree­ Designation____------7665 Permanente Cement Co. and ment states for purposes of ex­ Realignment qnd revocation— 7664 Glacier Sand & Gravel Co___ 7658 emption------' 7662 Revocations (2 documents)----- 7664, Universal Business Forms Co. Notices 7665 and Verl G. Elya_____ ±____ 7661 Aerojet-General Nucleonics; pro­ Transition area; designation—— 7666 posed issuance of facility li­ cense______7674 FEDERAL COMMUNICATIONS INTERIOR DEPARTMENT COMMISSION See also Land Management Bu­ CIVIL AERONAUTICS BOARD Proposed Rule Making reau. Notices Expanded use of UHF television Notices Hearings, etc.: channels ______7671 Wapato-Satus Unit; authority Chicago Helicopter Airways, Field strength curves for FM and delegation. ------7674 Inc______7677 TV broadcast stations------7666 Dean Van Lines, Inc., et al— 7675 Table of assignments, FM broad­ New York-Florida renewal case. 7678 cast stations------7673 INTERSTATE COMMERCE San Francisco & Oakland Heli­ Television network programs not copter Airlines, Inc., et al___ 7676 made available to certain tele­ COMMISSION vision stations------7666 CIVIL SERVICE COMMISSION Notices Notices Finance applications------7687 Rules and Regulations Hearings, etc.: Fourth section applications for re­ Excepted service: Campbell and Sheftall and Fort lief______— >------7686 Army Department______7646 Campbell Broadcasting Co— : 7678 Motor carrier: Defense Department______7646 * Capital Broadcasting Corp. and Property or passengers; appli­ Entire executive civil service__ 7645 Capital News, Inc— ------7679 cations______7688 Navy Department—______7646 Eastern Long Island Broad­ Transfer proceedings (2 docu­ President’s Committee on Con­ casters, Inc., and Reunion ments) ______7688 sumer Interests______7646 Broadcasting Corp------— 7679 Treasury Department______7645 Fine Music Broadcasts, Inc., and Belk Broadcasting Com­ LAND MANAGEMENT BUREAU CONSUMER AND MARKETING pany of Florida, Inc. (2 docu­ SERVICE ments) --- 7680 Notices Nebraska Rural Radio Associa­ Arizona; opening of public lands. 7674 Rules and Regulations tion (KRVN) and Town & Alaska; proposed withdrawal and Cherries, sweet, grown in desig­ Farm Co., Inc. (KMMJ)------7680 reservation of lands------7674 nated counties in Washington; shipments limitation. ______7648 FEDERAL MARITIME Fruit grown in Arizona and Cali­ COMMISSION SECURITIES AND EXCHANGE fornia; handling limitations: Lemons______7647 Notices COMMISSION Agreements filed for approval: Oranges, Valencia______. . . 7647 Notices^ Limes grown in Florida; quality Farrell Lines, Inc., and Liberian and size______7647 National Shipping Lines, Inc. 7682 Selected American Shares, Inc.; Packers and stockyards: Northern Pan America Line and hearing, etc..—------.—----- 7686 Monorail scales__ 1______7649 Mitsui O.S.K. Lines, Ltd------7683 Packer scales. ______7649 FEDERAL POWER COMMISSION Proposed Rule Making SMALL BUSINESS Notices Packers and stockyards; custodial ADMINISTRATION funds ------7662 Hearings etc.: Amerada Petroleum Corp------7683 Rules and Regulations FEDERAL a v ia t io n a g e n c y Continental Oil Co. et al------7683 Investment companies; stock re- El Paso Natural Gas Co------7685 demption privileges------7651 Pules and Regulations Sinclair Oil & Gas Co.------—. 7684 Airborne distance measuring Tennessee Gas Transmission Notices equipment operating w ithin cer- Co______- ______7685 Midwestern Area; delegation of ^ 1 ^ 3 ° frequencies; technical Texas Eastern Transmission authority to conduct program standard order_;______7637 Corp.______7685 activities in regional offices------7686 7635 7636 CONTENTS

List of CFR Parts Affected

(Codification Guide)

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

5 CFR 13 CFR 213 (6 documents) ___ 7645, 7646 107 ____ 7651 7 CFR 14 CFR 7 94 7646 37______7637 908 7R47 39 (2 documents)____, _ 7638 910_ __ — — ___ 7647 71 ______- 7639 911 ______7647 95______*______7639 923______7648- P roposed R u l e s : 37 ______7663 9 CFR 71 (8 documents)___ _ _ 7663-7666 201 (2 documents) 7649 16 CFR P roposed R u l e s : 13 (10 documents)______7652, 201___ . _ __ 7662 7653,7655,7657,7658, 7660, 7661 10 CFR 4 7 CFR P roposed R ules : P roposed R u l e s: 150 _ _ _ 7662 73 (4 documents) _ 7666, 7671, 7673 Rules and Regulations

merly Part 514) indicates, the minimum Comments were also received concern­ .Title 14-AERONAUTICS AND performance standards set forth in the ing the searching speed for DME as set TSOs are the standards with which a forth in paragraph 2.12. In response to SPACE manufacturer must show compliance in such comments, the requirement has order to identify his article with the ap­ been changed to require that the total Chapter I— Federal Aviation Agency plicable TSO marking. Technical Stand­ search cycle after warmup must not ex­ SUBCHAPTER C— AIRCRAFT ard Orders are merely one system under ceed 35 seconds. This change consti­ which equipment may be approved. In tutes a relaxation of the proposal and [Regulatory Docket No. 3065; Amdt. No. 37-1; meeting a regulatory requirement that a is considered to be a more reasonable de­ TSO C66a] certain piece of equipment be “ap­ sign requirement for equipment having PART 37— TECHNICAL STANDARD proved,” an operator may use equipment various operational ranges. ORDER AUTHORIZATIONS that is “approved” by the FAA under any Finally, a clarifying change has been applicable system, unless the operating made to the requirements concerning the Airborne Distance Measuring Equip­ rule concerned specifically requires the antenna voltage standing wave ratio ment Operating Within Radio Fre­ use of equipment “approved” under the (VSWR) set forth in paragraph 2.18. quency Range of 960—1215 Mega­ TSO system. The Agency is now aware that while the The marking requirement of the TSO cycles VSWR on an antenna transmission line has been changed to reflect the fact that might not exceed 5:1 over the radio The purpose of this amendment is to the accuracy requirement for the DME frequency range for which the antenna incorporate new environmental test pro­ is no longer based on altitude. is designed, it is possible that the radio cedures into the present standard for In addition to the foregoing changes frequency range for which an antenna airborne distance measuring equipment to the provisions of the TSO, the per­ is designed could be less than the DME and to specify the new categories which formance standards set forth in the pro­ frequency band. To take care of this have been developed for the various en­ posed FAA document entitled “Minimum possibility, the Standard has been vironmental parameters. This action Performance Standards for Airborne changed to specifically require that the was published as a Notice of Proposed Distance Measuring Equipment Operat­ VSWR produced on the antenna trans­ Rule Making and circulated as Federal ing Within the Radio Frequency Range mission line by the antenna not exceed Aviation Agency Notice No. 64-5 (29 F.R. 960-1215 Megacycles” have also been 5:1 over the entire DME frequency band. 615). changed in response to comments re­ In addition to the aforementioned Interested persons have been given an ceived. In this connection, the provi­ changes, certain minor changes of an opportunity to comment on this regula­ sions of paragraph 1.5 of the Standard editorial nature have also been incor­ tion and due consideration has been giv­ concerning the alarm signal have been porated in the revised performance en to all relevant matter presented. The changed to make it clear that a means standards referenced in this TSO. majority of the comments received con­ must be provided to alert the flight crew These amendments are issued under cerning Notice 64-5 expressed opposition when the equipment is no longer track­ the authority of sections 313(a) and 601 to the proposal to change the applica­ ing a DME signal or is not operating in of the Federal Aviation Act of 1958 (72 bility provision of the Technical Stand­ memory. The accuracy provisions set Stat. 752, 775; 49 U.S.C. 1354(a), 1421). ard Order (TSO) to cover all civil air­ forth in paragraph 2.1 have been changed In consideration of the foregoing, and craft. In response to such comments, to remove the reference to altitude. pursuant to the authority delegated to and after further consideration, the Further studies have shown that an ac­ me by the Administrator (25 F.R. 6489), Agency issued an amended notice (No­ curacy of ± 0.5 nautical mile or 3 percent § 37.171 of Part 37 of the Federal Avia­ tice No. 64-5B) deleting the reference of the distance, whichever is greater, is tion Regulations (14 CFR Part 37) is to “and all other civil aircraft” in the satisfactory for a DME regardless of the amended as follows: proposed applicability provision. This altitude at which the aircraft in which action was taken (as explained in the the equipment is installed, is operated. § 37.171 Airborne distance measuring preamble to Notice No. 64-5B) because Several comments indicated that the in­ equipment (air carrier aircraft)— the Agency recognized the need for less terrogator power required under para­ TSO—C66a. sophisticated equipment (i.e., low-cost, graph 2.7 is a function of the range (a) Applicability. This Technical lightweight) for general aviation than rather than the altitude of the operation. Standard Order prescribes the minimum that described in the proposed TSO and The Agency agrees that the power out­ performance standards which airborne was planning to develop, with the co­ put should be expressed as a function of distance measuring equipment, to be used operation of the industry, minimum per­ the expected range of operation and that on. U.S. civil aircraft engaged in air car­ formance standards specifically designed the interrogator peak output power rier operations, must meet in order to to meet the needs of DME equipment that Should be limited. In this connection, be identified with the applicable TSO |s to be used in general aviation opera­ paragraph 2.7a has been changed so that marking. New models of such equipment tions. In line with this last objective, the output power of the interrogator at which are to be so identified and which the Agency has issued Notice 65-9 (Air­ the peak of the weakest transmitter pulse are manufactured on or after the effec­ borne Radio Navigation and Communi­ must be at least 250 watts for equipment tive date of this section shall meet the cation Equipment for General Aviation intended to be operated to a maximum requirements set forth in the Federal an(* Related Considerations, range of 200 nautical miles and 50 watts Aviation Agency standard entitled “Min­ »05-1975) which solicits the advice of for equipment intended to be operated to imum Performance Standards for Air­ he general aviation industry on (among a maximum range of 100 nautical miles. other things) the formulation of mini- Furthermore, the provisions of para­ borne Distance Measuring Equipment t 1 Performance requirements for gen- graph 2.7b have been revised to require Operating Within the Radio Frequency DME- Accordingly, the ap- that the output power of the interrogator Range 960-1215 Megacycles” 1 dated Feb­ (TOnSi. statement in the revised TSO at the peak of the weakest transmitter ruary 15, 1965, and Federal Aviation ' 0tr~V66a) restricts it to distance pulse must be within 1 db of the peak Agency document “Environmental Test measuring equipment that is to be used power of the strongest pulse and the Procedures for Airborne Electronic ripr J r C1? aircrait engaged in air ear­ Note following this paragraph has been Equipment” dated August 31, 1962.1 ner operations. deleted. Consistent with the foregoing diontp+^ition’ tlle comments clearly in- changes, the references to altitude in 1 Copies may be obtained upon request ad­ with J*16 need for a further clarification subparagraphs a and b of paragraph 2.9 dressed to: The Library Services Division, a«? *SPeci to Applicability of this, have been changed to the appropriate HQ-600, Federal Aviation Agency, Washing­ well as other TSOs. As Part 37 (for­ nautical miles. ton, D.C., 20553. 7637 7638 RULES AND REGULATIONS [Docket No. 6089; Amdt. 39-79] (a) For bolts with 10,500 or more hours’ (b) Marking. (1) In addition to the time in service on the effective date of this marking specified in § 37.7, the equip­ PART 39— AIRWORTHINESS AD, accomplish (c) w ithin 1,500 hours’ time ment must be marked to indicate the en­ in service after the effective date of this AD. vironmental extremes over which it has DIRECTIVES (b) For bolts with less than 10,500 hours’ been designed to operate. There are six time in service on the effective date of this environmental procedures outlined in the Boeing Models 707 and 720 Series AD, accomplish (c) prior to the accumula­ PAA document “Environmental Test Aircraft tion of 12,000 hours’ time in service. Procedures for Airborne Electronic (c) Unless already accomplished, remove Equipment” which have categories es­ A proposal to amend Part 507 of the the nacelle attachment bolts and install new regulations of the Administrator to in­ attachment bolts, Boeing P/N’s 65-23413-1 tablished. These shall be identified on clude an airworthiness directive requir­ through 65-23413-22, as applicable, or bolts the nameplate by the words “Environ­ ing inspection - and. replacement of the reworked in accordance with Boeing Drawing mental Categories” or, as abbreviated, No. 65-23413, or equivalent approved by the “Env. Cat.”, followed by six letters which nacelle strut attachment bolts with new Chief, Aircraft Engineering Division, FAA identify the categories designated in the attachment bolts on Boeing Models 707 Western Region, on inboard and outboard FAA document. Reading from left to and 720 Series aircraft was published in engine nacelles in accordance with Figure 1 right, the category designations shall ap­ 29 F.R. 9675. Since the publication of of Boeing Service Bulletins Nos. 1416 and pear on the nameplate in the following that proposal, Part 507 has been recodi­ 1416A. order so that they may be readily fied into Part 39 of the Federal Aviation (d) Maintain a record of hours’ time in Regulations effective November 20, 1964, service for the bolts in order to comply with identified— th is AD. If past records of bolt time in (1) Temperature-Altitude Test Cate­ therefore this amendment is being made service are unavailable, bolt time in service gory; to Part 39. prior to the effective date of this AD shall (ii) Vibration Test Category; Interested persons have been afforded be considered equal to aircraft time in (iii) Audio-Frequency Magnetic Field an opportunity to participate in the service. Susceptibility Category; making of the amendment. One com­ (Boeing Service Bulletins Nos. 1416 and (iv) Radio - Frequency Susceptibility ment received requested that the AD be 1416A cover this same subject.) Category; revised to permit ultrasonic inspection This amendment becomes effective (v) Emission of Spurious Radio-Fre­ of pylon bolts not chrome plated in ac­ July 12, 1965. quency Energy Test Category; and cordance with AD requirements until replaced at 12,000-hour base overhaul; (Secs. 313(a), 601, and 603, Federal Avia­ (vi) Explosion Test Category. tion Act of 1958 (49 U.S.C. 1354(a), 1421, (2) In some cases, such as under the that an initial and repetitive inspection 1423)) temperature-altitude test category, a program be required until replacement; manufacturer may wish to substantiate and that chrome plated bolts be in­ Issued in Washington, D.C., on June his equipment under two categories. In stalled in accordance with the AD—not 7, 1965. this case, the nameplate must be marked later than the next 12,000-hour base C. W. W alker, with both categories in the space desig­ overhaul. The Agency does not agree. Acting Director, nated for that category by placing one Service experience has indicated that FtigRt Standards Service. letter above the other in the following the earlier cadmium plated, electro­ [F.R. Doc. 65-6108; Filed, June 11, 1965; A plated bolts, or bolts devoid of plating 8:45 a.m.] manner; Env. Cat. D BAAAX. are not adequately protected against (3) Each separate component of corrosion. The bolts become pitted from equipment (antenna, indicator, etc.) the corrosion and cracks originate in [Docket No. 6695; Amdt. 39-80] shall be identified with at least the man- these pit holes. In view of the fact that PART 39— AIRWORTHINESS unfacturer’s name, TSO number, and the corrosion adversely affects structural in­ DIRECTIVES environmental categories over which the tegrity^ it is extremely important that equipment component is designed to these bolts continue to remain in an Grumman Model G-159 Aircraft operate. airworthy condition. Since no substan­ There have been cracks in the nose (c) Data requirements. In accord­ tiation was presented to establish the gear trunnion on Grumman Model G-159 ance with § 37.5, the manufacturer must effectiveness of an ultrasonic inspection aircraft that could have resulted in a furnish to the Chief, Engineering and with respect to the detection of corro­ failure of the nose gear assembly. Since Manufacturing Branch, Flight Stand­ sion, the ultrasonic inspection proposal this condition is likely to exist or develop ards Division, Federal Aviation Agency, has not been adopted. The bolt replace­ in other products of the same type de­ in the region in which the manufacturer ment interval has been increased from sign, an airworthiness directive is being is located, the following technical data: 11,500 to 12,000 hours’ time in service issued to require repetitive inspection of (1) Manufacturer’s operating instruc­ to coincide with established 12,000-hour the nose gear trunnion on these aircraft tions and equipment limitations. base overhaul periods. and replacement if cracks are found. (2) Installation procedures with ap­ Another comment objected to the need As a situation exists which demands plicable schematic drawings, wiring dia­ for bolt change within the 1,500-hour immediate adoption of this regulation, grams, and specifications. Indicate any limits of the AD, since there have been it is found that notice and public pro­ limitations, restrictions, or other condi­ only seven incidents of failed or cracked cedure hereon are impracticable and tions pertinent to installation. pylon bolts. The Agency does not con­ good cause exists for making this amend­ (3) One copy of the manufacturer’s cur with this since the 1,500-hour limit ment effective in less than 30 days. test report. is applicable only to bolts with 10,500 or In consideration of the foregoing and (d) Previously approved equipment. more hours’ time in service. pursuant to the authority delegated to Airborne distance measuring equipment In consideration of the foregoing and me by the Administrator (25 F.R. 6489), approved prior to the effective date of pursuant to the authority delegated to § 39.13 of Part 39 of the Federal Aviation this section may continue to be manufac­ me by the Administrator (25 F.R. 6489), tured and identified with the applicable § 39.13 of Part 39 of the Federal Aviation Regulations is amended by adding the TSO marking under the provisions of its Regulations is amended by adding the following new airworthiness directive. original approval. following new airworthiness directive: Grumman. Applies to Model G—159 a^cr^i equipped with Bendix nose gear sir Effective date: September 10,1965. Boeing. Applies to Models 707 and 720 Series assembly, P/N 172240 or 2570890. aircraft. Compliance required as indi­ To prevent failure of the nose gear tr Issued in Washington, D.C., on June 8, cated. nion, accomplish the following: 1965. Since the existing bolts attaching each (a) Inspect the nose gear trunnion, G. S. M oore, nacelle strut to the wing may be either cad­ dix P/N 171467 in accordance with paragrap Director, mium plated, electro-nickel-plated, or devoid (c) within the next 20 hours’ time in serv Flight Standards Service. of plating, and are not adequately protected after the effective date of this AD u against corrosion, bolt failures from stress replaced within the next 20 hours ti [F.R. Doc. 65-6111; Filed, June 11, 1965; corrosion have occurred. To correct this con­ service after the effective date of tn * 8:45 a.m.] dition, accomplish the following : or unless already inspected within t Saturday, June 12, 1965 FEDERAL REGISTER 7639

80 hours’ time in service, and thereafter at miles each side of a 008° True bearing SUBCHAPTER F— AIR TRAFFIC AND GENERAL intervals not to exceed 100 hours’ time in from the Jackson radio beacon extend­ OPERATING RULES service from the last inspection. ing from the Hawkins Held 6-mile radius [Reg. Docket No. 6694; Arndt. 95-129] (b) Within the next 20 hours’ time in serv­ area to 8 miles north of the radio beacon, ice alter replacement of a nose gear trunnion, PART 95— IFR ALTITUDES and thereafter at intervals not to exceed 100 most of this additional designation is in­ hours’ in service from the last inspec­ corporated in the proposed control zone Miscellaneous Amendments tion, inspect the replacement trunnion in and transition area described in the accordance with paragraph (c ). notice. More accurate information on The purpose of this amendment to (c) Inspect the retract shaft attachment the location of the three airports has Part 95 of the Federal Aviation Regula­ lugs on the nose gear trunnion forward become available since the issuance of tions is to make changes in the IFR alti­ flanges for cracks in the radii above and below the notice. Since all of these changes tudes at which all aircraft shall be flown the area where the retract shaft attachment over a specified route or portion thereof. lugs blend into the trunnion flanges, using are minor in nature and impose no addi­ the dye penetrant method with a 10 power tional burden on the public, they are in­ These altitudes, when used in conjuc- or greater glass or an FAA-approved equiv­ corporated In the final rule. tion with the current changeover points alent. In consideration of the foregoing, Part for the routes or portions thereof, also (d) Replace cracked trunnions w ith a 71 of the Federal Aviation Regulations assure navigational coverage that is ade­ trunnion of the same part number or an is amended, effective 0001 e.s.t., August quate and free of frequency interference equivalent approved by the Chief, Engineer­ 19, 1965, as hereinafter set forth. for that route or portion thereof. ing and Manufacturing Branch, FAA Eastern As a situation exists which demands Region, before further flight except that the 1. In § 71.171 (29F.R. 17581) the Jack- aircraft may be flown in accordance with the son, Miss., control zone is amended to immediate action in the interest of safety, provisions of FAR 21.197, after approval by read; I find that compliance with the notice the Chief, Engineering and Manufacturing J ackson, Miss. and procedure provisions of the Ad­ Branch, FAA Eastern Region, to a base where ministrative Procedure Act is impracti­ the repair can be made. Within a 5-mile radius of Allen C, Thomp­ cable and that good cause exists for mak­ son Field (latitude 32°18'40" N., longitude ing this amendment effective within less This amendment becomes effective 90°04'35" W.); within a 5-mile radius of than 30 days from publication. June 12. Hawkins Field (latitude 32°20'10" N., longi­ tude 90°13'15" W.); within a 3-mile radius In consideration of the foregoing and (Secs. 313(a), 601, and 603, Federal Aviation of Bruce Campbell Field, Madison, Miss, pursuant to the authority delegated to Act of 1958 (49 U.S.C. 1354(a), 1421, and (latitude 32°26'15'' N., longitude 90°06'05'' me by the Administrator (24 F.R. 5662), 1423)) W.) ; within 2 miles each side of the Jackson Part 95 of the Federal Aviation Regula­ VORTAC 195° radial extending from the tions is amended, effective July 22, 1965, Issued in Washington, D.C., on June Hawkins Field 5-mile radius zone to 1 mile as follows: 7,1965. S of the VORTAC; within 2 miles each side 1. By amending Subpart C as follows: C. W. W alker, of the Jackson VORTAC 157° radial extend­ Acting Director, ing from the Alien C. Thompson Field 5-mile Section 95.101 Amber Federal airway 1 Flight Standards Service. radius zone to 1 mile SE of the VORTAC and is amended to reackjn part: to 6 miles SE of the airport; within 2 miles [P.R. Doc. 65-6109; Filed, June 11, 1965; each side of the Jackson VORTAC 142° radial From, to, and MEA 8:45 a.m.] extending from the Bruce Campbell Field Dixon INT, • Alaska; Sitka, Alaska; LFR; 3-mlle radius zone to 1 mile SE of the VOR­ *4,000. *10,000 required without HF air­ TAC and to 7.5 miles SE of the airport. borne communication equipment. SUBCHAPTER E— AIRSPACE 2. Section 71.181 (29 F.R. 17643; is Section 95.1001 Direct routes—United [Airspace Docket No. 64-SO—44] amended by adding the following; States is amended to delete: PART 71 —DESIGNATION OF FEDERAL J ackson, Miss. Eglin AFB, Fla., VOR; Tyndall AFB, Fla., AIRWAYS, CONTROLLED AIRSPACE, VOR; 1,500. That airspace extending upward from 700 Eglin AFB, Fla., VOR; Tyndall AFB, Fla., AND REPORTING POINTS feet above the surface within an 8-mile LF/RBN; 1,500. radius of Allen C. Thompson Field (latitude Greensboro, N.C., VOR; Yadkin INT, N.C.; Alteration of Control Zone and Desig­ 32°18'40" N„ longitude 90°04'35" W.); with­ 2.400. nation of Transition Area in a 6-mile radius of Hawkins Field (latitude Gulfport, Miss., VOR; Mouse INT, Miss.; 32o20'10“ N., longitude 90°13'15" W.); with­ *1,600. *1,500—MOCA. On April 10,1965, a notice of proposed in a 5-mile radius of Bruce Campbell Field, Mouse INT, Miss.; Wiggins INT, Miss.; 2,500. rule making was published in thè F ed­ Madison, Miss, (latitude 32°26'15” N., longi­ Lawton, Okla., VOR; Temple ENT, Okla.; eral Register (30 F.R. 4680) stating that tude 90°06'05" W.) ; within 2 miles each side *2,500. *2,300—MOCA. the Federal Aviation Agency proposed to of the Jackson VORTAC 195° radial extend­ ing from the VORTAC to 1 mile S; w ithin 2 Section 95.1001 Direct routes—United alter the existing control zone and des­ States is amended by adding: ignate a transition area at Jackson, Miss. miles each side of the Jackson VORTAC 142° radial extending from the VORTAC to 1 mile Austin, Tex., VOR, via AUS 115/ELA 290; Interested persons were afforded an SE; within 2 miles each side of the Allen C. Eagle Lake, Tex., VOR; 2,100. opportunity to participáte in the rule Thompson Field ILS localizer N course ex­ Barksdale, La., VOR; Int, 005° M rad, Barks­ making through submission of com­ tending from the control zone to 8 miles N dale VOR and 027° M rad, Shreveport of the OM; within 2 miles each side of a 008° VOR; *4,000. *1,700—MOCA. ments. All comments received were bearing from the Jackson RBN extending favorable. Midway INT, Ala.; Seale INT, Ala.; 2,000. from the Hawkins Field 6-mile radius area to Ventura, Calif.; VOR; Salinas, > Calif., Subsequent to the publication of the 8 miles N of the RBN; and that airspace ex­ VORTAC; #18,000. MAA—45,000. #MEA notice, the instrument approach proce­ tending upward from 1,200 feet above the is established with a gap in navigation surface within a 35-mile radius circle cen­ signal coverage. dure to Bruce Campbell Field was re­ tered at latitude 32°26'30" N., longitude aligned from the 141° radial to the 142° 90°05'00" W., excluding the portion which Section 95.1001 Direct routes— United radial of the Jackson VORTAC. This coincides with the Yazoo City, Miss., transi­ States is amended to read in part: tion area. would require a corresponding realign­ New Orleans, La., VOR; Frank INT, La.; ment of the proposed control zone ex- (Sec. 307(a) of the Federal Aviation Act of *1,500. *1,400—MOCA. 7nn f°n an<* Part of the proposed 1958 (49 U.S.C, 1348(a))) Hot Springs, Ark., LF/RBN; Malvern INT, hoii" to ^ transition area for Bruce Camp- Ark.; 1,900. Additionally, it was found Issued in East Point, Ga., on June 2, Hot Springs, Ark., VOR; Malvern INT, Ark.; a 700-foot transition area extension 1965. 2.400, nSwee?ed to Protect the ADF approach P aul H . B oatman, Bahama Routes Acting Director, Southern Region. 2 Lima: w JJ® J.afkson radio beacon to Hawkins Perrine, Fla., RBN; Int, 091° bearing from dihn« ^though this would require ad- [F.R. Doc. 65-6110; Filed, June 11* 1965; Perrine RBN and 111* bearing from Bimini al transition area designation 2 8;45 a.m.] RBN; *2,000. *1,600—MOCA. 7640 RULES AND REGULATIONS From, to, and MEA From, to, and MEA Section 95.6017 VOR Federal airway 17 Int, 091° bearing from Perrine RBN and Mansfield, Ohio, VOR; Wooster INT, Ohio; is amended to read in part: 111° bearing from Bimini RBN; Nassau, *3,000. *2,500—MOCA. From, to, and MEA Bahamas, RBN; *2,000. *1,200—MOCA. Wooster INT, Ohio; Briggs, Ohio, VOR; 3,000. 53V: Bergheim INT, Tex., via W alter.; Spring Biscayne Bay, Fla., VOR; Int, BSY-095® Section 95.6009 VOR Federal airway 9 Branch INT, Tex., via W alter.; *3,300 and ZBV 111°; *4,000. *1,200—MOCA. is amended to read in part: *2,800—MOCA, Int, BSY-095“ and ZBV 111°; Nassau, New Orleans, La., VOR; Madison INT, La.; Section 95.6019 VOR Federal airway 19 Bahamas, VOR; *2,000. *1,400—MOCA. *1,500. *1,400—MOCA. is amended to read in p art: New Orleans, La., VOR, via E alter.; *Snail Section 95.6002 VOR Federal airway 2 INT, La., via E alter.; **1,500. *2,000— - Sheridan, Wyo., VOR; »Beacon DME fix is amended to read in part: MRA. * * 1,400—MOCA. Mont.; **8,000. . *6,100—MCA Beacon DME fix, southeastbound; **7,000—MOCA. Livingston, Mont., VOR; * Columbus DME fix, Section 95.6010 VOR Federal airway 10 Beacon DME fix, Mont.; Billings, Mont., Mont.; 9,000. *6,200—MCA Columbus is amended to read in part: VOR; 6,000. DME fix, westbound. Sheridan, Wyo., VOR, via E alter.; Woody Columbus DME fix, Mont.; Billings, Mont., Litchfield, Mich., VOR; Adrian INT, Mich.; DME fix, Mont., via E alter.; 8,000. VOR; 6,000. *3,000. *2,500—MOCA. Woody DME fix, Mont., via E alter.; Billings, Alexandria, Minn., VOR; Collegeville INT, Mont., VOR, via E alter.; 6,000. Minn.; *3,100. *2,600—MOCA. Section 95.6011 VOR Federal airway 11 is amended to read in part: Pueblo, Colo., VOR; Hanover INT, Colo., Collegeville INT, Minn.; Minneapolis, Minn., southbound; 7,500, northbound; *9,000. VOR; *3,000. *2,600—MOCA. Edgerton INT, Ohio; Hudson INT, Mich.; *7,500—MOCA. 3,500. Section 95.6003 VOR Federal airway 3 Anderson INT, Tenn., via E alter.; »Humboldt Section 95.6020 VOR Federal airway 20 is amended to read in part: INT, Tenn., via E alter.; **4,000. *4,000— is amended to read in part: Int, 093° M rad, Sparta VOR and 244° M rad, MRA. **2,100—MOCA. Spartanburg, S.C., VOR; Waco INT, N.C.; Carmel VOR; Carmel, N.Y., VOR; 2,000. Section 95.6012 VOi? Federal airway 12 *2,800. *2,300—MOCA. Carmel, N.Y., VOR; Long Hill INT, Conn.; is amended to read in part: Evergreen, Ala., VOR; Montgomery, Ala., 2,000. VOR; *2,000. *1,800—MOCA. Long Hill INT, Conn.; Hartford, Conn., VOR; Borger, Tex., VOR, via N alter.; Int, 239° M New Orleans, La., VOR; Clam INT, La.; 2,700. rad, Gage VOR and 050° M rad, Borger *1,500. *1,400—MOCA. VOR, via N alter.; *4,800. *4,600—MOCA. New Orleans, La., VOR; via N alter.; »Snail Section 95.6005 VOR Federal airway 5 Int, 239° M rad, Gage VOR and 050° M rad, INT, La., via N alter.; **1,500. *2,(XXM is amended to read in part: Borger VOR, via N alter.; Gage, Okla., VOR, MRA. **1,400—MOCA. Mt. Vernon INT, Ohio; Mansfield, Ohio, VOR; via N alter.; *4,700. *4,400—MOCA. *3,000. *2,700—MOCA. Richmond, Ind., VOR; Dayton, Ohio, VOR; Section 95.6021 VOR Federal airway 21 Mason INT, Ohio; Appleton, Ohio, VOR; 2,800. is amended to read in part: 3,100. Dayton, Ohio, VOR; »Plain City INT, Ohio; Long Beach, Calif., VOR; Anaheim INT, 3,000. *4,000—MRA. Section 95.6006 VOR Federal airway 6 Calif.; *3,000. *2,400—MOCA. is amended to read in part: Section 95.6013 VOR Federal airway 13 Section 95.6030 VOR Federal airway 30 is amended to read in part: Reno, Nev., VOR; Wadsworth INT, Nev.; is amended to read in part: *11,000. *10,000—MOCA. Ames INT, Iowa; Mason City, Iowa, VOR; Waterville, Ohio, VOR; Attica, Ohio, VOR; North Platte, Nebr., VOR; Int, 080° M rad, *3,000. *2,500—MOCA. 2.700. North Platt^ VOR and 048° M rad, Hayes Attica, Ohio, VOR; New London INT, Ohio; Center VOR; *5,000. *4,300—MOCA. Section 95.6014 VOR Federal airway 14 2.700. Int, 080° M rad, North Platte VOR and 048° is amended to read in part: New London INT, Ohio; Sharon INT, Ohio; M rad, Hayes Center VOR; Grand Island, Adair INT, Okla.; Neosho, Mo., VOR; *2,900. *3,000. *2,500—MOCA. Nebr., VOR; *5,000. *3,700—MOCA. *2,700—MOCA. Colts Neck, N.J.; Int, 100° M rad, Colts Neck Solberg, N.J., VOR; Int, 104° M rad, Solberg Vinita INT, Okla., via N alter.; Neosho, Mo., VOR and 207° M rad, Kennedy VOR; 2,000. VOR and 355° M rad, Colts Neck VOR; VOR, via N alter.; *2,900. *2,700—MOCA. Int, 100° M rad, Colts Neck VOR and 207° M 2,400. Tulsa, Okla., VOR, via S alter.; »Pryor INT, rad, Kennedy VOR; Kennedy, N.Y., VOR; Int, 104° M rad, Solberg VOR and 355° M Okla., via S alter.; 2,000. *2,900—MRA. 1.700. rad, Colts Neck VOR; Kennedy, N.Y., VOR; Pryor INT, Okla., via S alter.; Neosho, Mo., Section 95.6031 VOR Federal airway 31 2,000. VOR, via S alter.; *2,900. *2,700—MOCA. Waterville, Ohio, VOR; Bay INT, Ohio; 3,000. Springfield, Mo., VOR; Conway INT, Mo.; is amended to read in part: Bay INT, Ohio; Cleveland, Ohio, VOR; *3,000. *3,000. *2,300—MOCA. Elmira, N.Y., VOR; Gibson INT, N.Y.; 3.800. *2,000—MOCA. Gibson INT, N.Y.; Bellona INT, N.Y.; 3,500. Section 95.6007 VOR Federal airway 7 Section 95.6015 VOR Federal airway 15 is amended to read in part: Section 95.6033 VOR Federal airway 33 is amended to read in part: is amended to read in part: Nashville, Tenn., VOR; Springfield INT, Fair Park INT, Tex.; Dallas, Tex., VOR; 2,000. Philipsburg, Pa., VOR; Bradford, Pa., VOR; »Gunter INT, Tex.; Ardmore, Okla., VOR; Tenn.; 3,000. *4,100. *3,600—MOCA. Springfield INT, Tenn.; Central City, Ky., **2,700. *2,600—MRA. **2,300—MOCA. VOR; *3,000. *1,900—MOCA. Mazie INT, Okla.; *Pryor INT, Okla.; 2,700. Section 95.6034 VOR Federal airway 34 *2,900—MRA. is amended by adding: Section 95.6008 VOR Federal airway 8 Pryor INT, Okla.; Neosho, Mo., VOR; *2,900. is amended to read in part: *2,700—MOCA. United States-Canadian Border; Rochester, N.Y., VOR; 2,400. Long Beach, Calif., VOR; Anaheim INT, Section 95.6016 VOR Federal airway 16 Calif.; *3,000. *2,400—MOCA. is amended to read in part: Section 95.6035 VOR Federal airway Akron, Colo., VOR, via S alter.; Int, 081° M 35 is amended to read in part: rad, Akron VOR and 234° M rad, Hayes De Witt INT, Ark., via S alter.; Int, 076° M Center VOR, via S alter.; *6,500. *5,700— rad, Pine Bluff VOR and 220° M rad, Mem­ Int. W. crs I-MFA and 153° M rad, Miami MOCA. phis VOR, via S alter.; *3,000. *1,600— VOR, via W alter.; *Vega INT, Fla., via vv Int, 081° M rad, Akron VOR and 234° M rad, MOCA. alter.; **1,500. *3,100—MRA. **1,30U— Hayes Center, VOR, via S alter.; Hayes »Konnarock INT, Va.; Sugar Grove INT, Va.; MOCA. - Center, Nebr., VOR, southwestbound; 7,700. *7,000—MCA Konnarock INT, Elmira, N.Y., VOR; Watkins Glen, N.Y., vua, *7,900. Northeast bound, via S alter.; northeastbound. 3,700. *6,700. *6,000—MOCA. Sugar Grove INT, Va.; Max Meadows INT, Hayes Center, Nebr., VOR, via N alter.; Int, Va.; *7,700. *6,100—MOCA. Section 95.6036 VOR Federal airway 36 048° M rad, Hayes Center VOR and 080° M Max Meadows INT, Va.; Pulaski, Va., VOR; is amended to read in part: rad, North Platte, VOR, via N alter.; *5,000. *7,700. *4,900—MOCA. *4,100—MOCA. Pulaski, Va., VOR; Roanoke, Va., VOR; 5,000. Elmira, N.Y., VOR; Sayre INT, N Y-:Q3:„n°' Int, 048° M rad, Hayes Center VOR and 080° Blackford, Va., VOR; via N alter; Saltville Sayre INT, N.Y.; Dalton INT, N.Y.; M rad, North Platte VOR, via N alter.; INT, Va., via N alter.; 6,600. Dalton INT, N.Y.; Wilkes Barre, Pa, w . Grand Island, Nebr. VOR, via N alter.; Saltville INT, Va., via N alter.; Bland INT, 4,000. *5,000. *3,700—MOCA. Sparta, N.J., VOR; INT, 108° M rad, Sparta Va., via N alter.; *6,600. *6,500—MOCA. Guardia VOR. Upper Sandusky INT, Ohio; Mansfield, Ohio, Bland INT, Va., via N alter.; Pulaski, Va., VOR and 349° M rad, La VOR; *2,700. *2,200—MOCA. VOR; via N alter.; *6,600. *5,900—MOCA. *2,500. *2,400—MOCA. Saturday, June 12, 1965 FEDERAL REGISTER 7641 From., to, and ME A Section 95.6054 VOR Federal airway 54 Section 95.6076 VOR Federal airway 76 Int. 108° M rad, Sparta VOR and 349° M is amended to read in part: is amended to delete: rad, La Guardia VOR; Northport INT, N.Y.; From, to, and MEA From, to, and ME A *2,000. *1,900—MOCA. Spartanburg, S.C., VOR; »Gaffney INT, S.C.; San Angelo, Tex., VOR; via N alter.; Lometa, Section 95.6037 VOR Federal airway 37 2.500. *3,000—MRA. Tex., VOR; via N alter.; *3,500. *3,100— is amended to read in part: Gaffney INT, S.C.; Fort Mill, S.C., VOR; MOCA. 2.500. Lometa, Tex., VOR; via N alter.; «Liberty Hill Columbia, S.C., VOR; Richburg INT, S.C.; *Maud INT, Ala., via S alter.; Muscle Shoals, INT, Tex., via N alter.; **4,000. *4,000— 2,000. Ala., VOR, via S alter.; **2,600. *4,000— MRA. **2,700—MOCA. Richburg INT, S.C.; Fort Mill, S.C., VOR; MRA. **1,900—MOCA. Liberty Hill INT, Tex.; via N alter.; Austin, 2,400. Tex., VOR; via N alter.; 2,500. Port Mill, S.C., VOR; *Mt. Holly INT, N.C.; Section 95.6055 VOR Federal airway 55 **2,500. *2,600—MRA. **2,300—MOCA. is amended to read in part: Section 95.6076 VOR Federal airway 76 Mt. Holly INT, N.C.; Mooresville INT, N.C.; is amended to read in part: *2,500. *2,300—MOCA. Dayton, Ohio, VOR; *Coldwater INT, Ohio; Port Mill, S.C., VOR, via W alter.; Stanley 2,800. *3,500—MRA. ♦Welch INT, Tex.; Pat INT, Tex.; **5,100. INT, N.C., via W alter.; *3,000. *2,900— Dayton, Ohio, VOR, via E alter.; Int, 344° M *7,000—MRA. * *4,500—MOCA. MOCA. rad, Dayton VOR and 310° M rad, Rose­ Pat INT, Tex.; Big Spring, Tex., VOR; 4,100. Stanley INT, N.C., via W alter.; Hickory, N.C., wood VOR, via E alter.; 2,800. Section 95.6081 VOR Federal airway 81 VOR, via W alter.; *3,500. *3,000—MOCA. Int, 344° M rad, Dayton VOR and 310° M Burch INT, N.C.; Sawmill INT, Va.; *7,000. rad, Rosewood VOR, via E alter.; »Rock­ is amended to read in part: *5,600—MOCA. ford INT, Ohio, via E alter.; **2,800. Lubbock, Tex., VOR; Plainview, Tex., VOR; Sawmill INT, Va.; Pulaski, Va., VOR; *6,000. *3,000—MRA. **2,300—MOCA. *5,000. *4,500—MOCA. *5,600—MOCA. Section 95.6057 VOR Federal airway 57 Pat INT, Tex.; «Welch INT, Tex.; **5,100. Pulaski, Va., VOR; Zenith INT, W. Va.; 6,100. is.amended to read in part: *7,000—MRA. **4,500—MOCA. Section 95.6038 VOR Federal airway 38 Graham, Tenn., VOR; Pleasant View INT, Section 95.6086 VOR Federal airway 86 is amended to read in part: Tenn.; *2,600. *1,900—MOCA. is amended to read in part: Findlay, Ohio, VOR; *Meeker INT, Ohio; Pleasant View INT, Tenn.; Springfield INT, Livingston, Mont., VOR; «Columbus DME **2,500. *2,700—MRA. **2,400—MOCA. Tenn.; *2,500. *1,900—MOCA. fix, Mont.; 9,000. *6,200—MCA Columbus Meeker INT, Ohio; Appleton, Ohio, VOR; Springfield INT, Tenn.; Bowling Green, Ky., DME fix, westbound. *3,100. *2,400—MOCA. VOR; 2,000. Columbus DME fix, Mont.; Billings, Mont., VOR; 6,000. Section 95.6039 VOR Federal airway 39 Section 95.6062 VOR Federal airway 62 Billings, Mont., VOR; «Beacon DME fix, is amended to read in part: is amended to read in part: Mont.; 6,000. *6,100—MCA Beacon DME Casanova, Va., VOR; Herndon, Va., VOR; Plainview, Tex., VOR; Lubbock, Tex., VOR.; fix, southeastbound. *3,000. *2,500—MOCA. , *5,000. *4,500—MOCA. Beacon DME fix, Mont.; Sheridan, Wyo.. VOR; *8,000. *7,000—MOCA. Section 95.6044 VOR Federal airway 44 Section 95.6063 VOR Federal airway 63 is amended to read in part: is amended to read in part: Section 95.6088 VOR Federal airway 88 is amended to read in part: Baltimore, Md„ VOR; Kenton, Del., VOR; McAlester, Okla., VOR; Fayetteville, Ark., 2 ,000 . VOR; *4,000. *2,900—MOCA. Springfield, Mo., VOR; Conway INT, Mo.: Springfield, Mo., VOR; Buffalo INT, Mo.; *3,000. *2,300—MOCA. Section 95.6045 VOR Federal airway 45 *3,000. *2,300—MOCA. is amended to read in part: Section 95.15092 VOR Federal airway 92 Section 95.6066 VOR Federal airway 66 is amended to read in part: Francisco INT, N.C.; Pulaski, Va., VOR; is amended to read in part: *6,000. *5,600—MOCA. Waterville, Ohio, VOR; Attica, Ohio, VOR; Waterville, Ohio, VOR; Adrian INT, Mich.; Hyman, Tex., VOR; Int, 075° M rad, Hyman 2.700. 2,500. VOR and 241° M rad, Abilene, VOR; *4,000. Attica, Ohio, VOR; Mansfield, Ohio, VOR; Section 95.6046 VOR Federal airway 46 *3,900—MOCA. *2,700. *2,200—MOCA. is amended to read in part: Int, 075° M rad, Hyman VOR and 241° M rad, Mansfield, Ohio, VOR; Wooster INT, Ohio; Abilene, VOR; *Lazy X INT, Tex.; **6,000. *3,000. *2,500—MOCA. Kennedy, N.Y., VOR; Deer Park, N.Y., VOR; *4,400—MRA. **3,700—MOCA. Wooster INT, Ohio; Briggs, Ohio, VOR; 3,000. 2,000. Union INT, S.C.; Fort Mill, S.C., VOR; *2,300. *2,000—MOCA. Section 95.6095 VOR Federal airway 95 Section 95.6047 VOR Federal airway 47 is amended to read in part: is amended to read in p art: Section 95.6068 VOR Federal airway 68 ♦Winslow, Ariz., VOR; * «Butte INT, Ariz.; Cincinnati, Ohio, VOR, via W alter.; Camden is amended to read in part: INT, Ohio, via W alter.; 2,500. northeastbound; 11,000. South westbound; Roswell, N. Mex., VOR; Dexter INT, N. Mex.; 8.700. *6,800—MCA Winslow VOR, south- &mden in t , Ohio, via W alter.; Englewood 5,000. INT, Ohio, via W alter.; 2,700. westbound. **13,000—MRA. Butte INT, Ariz.;. «Castle INT, Ariz.; north­ Rosewood, Ohio, VOR; »Maplewood INT, Section 95.6070 VOR Federal airway 70 Ohio; **2,800. *4,000—MRA. **2,100— eastbound; 11,000. South westbound; 8,- MOCA. is amended to read in part: 700. *10,000—MRA. M?o1^ 00d INT’ Ohio: Findlay, Ohio, VOR; Layfayette, La., VOR; *Rose INT, La.; **1,600. Section 95.6096 VOR Federal airway 96 2,800. *2,100—MOCA. *3,000—MRA. **1,500—MOCA. Findlay, Ohio, VOR; Custar INT, Ohio; 2,500. Rose INT, La.; Baton Rouge, La., VOR; *1,600. is amended to read in part: ustar INT, Ohio; Waterville, Ohio, VOR; *1,500—MOCA. Fort Wayne, Ind., VOR; Antwerp INT, Ohio; *2,200. *2,000—MRA. Lafayette, La., VOR, via N alter.; Bar INT, La., 2 ,200 . 2 400ille’ ° hl° ’ VOR’ Samaria LNT. Mich.; via N alter.; 1,500. Antwerp INT, Ohio; McClure INT, Ohio; Bar INT, La., via N alter.; Baton Rouge, La., *2,300. *2,200—MOCA. Saf9a^ ^ T , Mich.; Dundee INT, Mich.; VOR, via N alter.; *1,600. *1,500—MOCA. McClure INT, Ohio; Waterville, Ohio, VOR; *2,400. *2,000—MOCA. Creole INT, La.; «Walker INT, La.; **1,600. *2,200. *2,000—MOCA. * 1,800—MRA. * * 1,400—MOCA. ... ?LCti0R 95-6050 VOR Federal airway 50 Walker INT, La.; Albany INT, La.; 1,400. Stection 95.6097 VOR Federal airway 97 is amended to read in part: Albany INT, La.; Picayune, Miss., VOR; is amended to read in part: Dayton, Ohio, VOR; 3,000. *1,600. *1,400—MOCA. London, Ky., VOR, via W alter.; Lexington, vX n^ 0hi0> vla N ^ter.; Dayton, Ohio Banks INT, Ala.; Eufaula, Ala., VOR; *2,400. Ky., VOR, via W alter.; *3,300. *2,800— VOR, via N alter.; 3,000. *4,000—MRA. *1,800—MOCA. MOCA. is 9^®953 VOR Federal airway 5j Section 95.6074 VOR Federal airway 74 Section 95.6108 VOR Federal airway is amended to read in part: is amended to read in part: 108 is amended to read in part: Tulsa, Okla., VOR; via N alter.; *Pryor INT, He*3¿, 00000016. *oNcn’ *2,600—MOCA. Ind-: Houston INT, Ind.; Hanover INT, Colo., via S alter.: Hugo, Colo., Okla., via N alter.; 2,000. *2,900—MRA. VOR, via S alter.; *9,000. *8,000—MOCA. No. 113---- _2 7642 RULES AND REGULATIONS Section 95.6115 VOR Federal airway Section 95.6140 VOR Federal airway From, to, and MEA 115 is amended to read in part: 140 is amended by adding: Monet INT, Fla.; Pluto INT, Fla.; *1500 From, to, and ME A From, to, and MEA *1,100—MOCA. Tuskegee, Ala., VOR; Central INT, Ala • Central INT, Ala.; Chelsea INT, Ala.; *2,800. Casanova, Va., VOR; Herndon, Va., VOR; *2,000. *1,800—MOCA. *2,300—MOCA. *3,000. *2,500—MOCA. Central INT, Ala.; Chelsea INT, Ala.; *2,800 Chelsea INT, Ala.; Birmingham, Ala., VOR; Herndon, Va., VOR; Bel Air INT, Md.; 4,500. *2,300—MOCA. *3,000. *2,800—MOCA. Bel Air INT, Md.; West Chester, Pa., VOR; Chelsea INT, Ala.; Birmingham, Ala., VOR1 Birmingham, Ala., VOR; Lehigh INT, Ala.; 2,300. *3,000. *2,800—MOCA. *3,000. *2,500—MOCA. Birmingham, Ala., VOR, via E alter.; Truss- Section 95.6140 VOR Federal airway Section 95.6163 VOR Federal airway villeINT,.A la.,yiaE alter.; *3,000. *2,700— 140 is amended to read in part: 163 is amended to read in part: MOCA. Holland INT, Mo.; Dyersburg, Tenn., VOR; Christine INT, Tex.; Leming INT, Tex/ Trussville INT, Ala., via E alter.; Gadsden, *2,000. *1,600—MOCA. 2,500. Ala., VOR, via E alter.; 3,000. Dyersburg, Tenn., VOR; ‘ Bradford INT, San Antonio, Tex., VOR, via W alter.; ‘Gua­ Gadsden, Ala,, VOR, via E alter.; Chatta­ Tenn.; **2,200. *4,000—MRA. **1,700— dalupe INT, Tex., via W alter.; **2,800, nooga, Tenn., VOR, via E alter.; 4,000. MOCA. *4,300—MRA. **2,600—MOCA. Bradford . INT, Tenn.; Burns INT, Tenn.; Section 95.6116 VOR Federal airway Section 95.6167 VOR Federal airway 116 is amended to read in part: *3,000. *2,200—MOCA. Tulsa, Okla., VOR; ‘Pryor INT, Okla.; 2,000. 167 is amended to read in part: Sparta, N.J., VOR; Paterson INT, N.J.; 3,000. *2,900—MRA. Kennedy, N.Y., VOR; Northport INT, N.Y.; Section 95.6120 VOR Federal airway Section 95.6141 VOR Federal airway *2,500. *1,500—MOCA. 120 is amended to read in part: 141 is amended to read in part: Section 95.6170 VOR Federal airway Sioux Falls, S. Dak., VOR; Spirit Lake INT, Concord, N.H., VOR; via E alter,; In t, 026° 170 is amended to read in part: Iowa; *6,000. *2,800—MOCA. M rad, Concord VOR and 298® M rad, Bradford, Pa., VOR; Slate Run, Pa., VOR; Spirit Lake INT, Iowa; Mason City, Iowa, Kennebunk VOR, via E alter.; *4,000. *3,- *4,200. *3,600—MOCA. VOR; *6,000. *2,700—MOCA. 800—MOCA. Section 95.6123 VOR Federal airway Int, 026® M rad, Concord VOR and 298® M Section 95.6171 VOR Federal airway 123 is amended to read in part: rad, Kennebunk VOR, via E alter.; Leba­ 171 is amended by adding: non, N.H., VOR, via E alter.; *6,000. *5,- Bemidji, Minn., VOR; Baudette, Minn., VOR; Washington, D.C., VOR; Int, 231° M rad, Bal­ 200—MOCA. *3,100. *2,700—MOCA. timore VOR and 271° M rad, Kenton VOR; 2,000. Section 95.6144 VOR Federal airway Section 95.6178 VOR Federal airway Int, 231° M rad, Baltimore VOR and 271 M 144 is amended to read in part: 178 is amended to read in part: rad, Kenton VOR; Swan Point INT, Md.; Findlay, Ohio, VOR; *Meeker INT, Ohio; Paducah, Ky., VOR; Central City, Ky., VOR; 3.000. **2,500. *2,700—MRA. **2,400—MOCA. *2,400. *2,000—MOCA. Swan Point INT, Md.; Woodstown, N.J., VOR; Meeker INT, Ohio; Appleton, Ohio, VOR; 2 .000. *3,100. *2,400—MOCA. Section 95.6187 VOR Federal airway 187 is amended to read in part: Section 95.6124 VOR Federal airway Section 95.6147 VOR Federal airway 124 is deleted: 147 is amended to read in part: Farmington, N. Mex., VOR; Cortez, Colo., VOR; 10,600. Section 95.6133 VOR Federal airway Elmira, N.Y., VOR; Genesco, N.Y., VOR; Cortez, Colo., VOR; Dove Creek, Colo., VOR; 133 is amended to read in part: 4.000. 9,800. Fort Mill, S.C„ VOR; Stanley INT, N.C.; Boysen Reservoir, Wyo., VOR; *Pryor DME Section 95.6153 VOR Federal airway fix, Mont.; 11,000. *8,800—MCA Pryor *3,000. *2,900—MOCA. 153 is amended to read in part: Stanley INT, N.C.; Hickory, N.C., VOR; *3,500. DME fix, southbound. *3,000—MOCA. La Guardia, N.Y., VOR; INT, 061° M rad, Pryor DME fix, Mont.; ‘ Billings, Mont., VOR; Tiverton, Ohio, VOR; Mansfield, Ohio, VOR; Solberg VOR and 155® M rad, Sparta VOR; 6,500. *6,500—MCA Billings VOR, south­ *2,900. *2,700—MOCA. 2,500. bound. Int. 061° M rad, Solberg VOR and 155° M Section 95.6139 VOR Federal airway rad, Sparta VOR; Stillwater, N.J., VOR; Section 95.6190 VOR Federal airway 139 is amended to read in part; 3.000. 190 is amended to read in part: Shark INT, N.J.; Int. 124° M rad, Kennedy *Las Vegas, N. Mex., VOR; Dalhart, Tex., VOR and J236° M rad, Hampton VOR; Section 95.6154 VOR Federal airway VOR; **9,500. *11,300—MCA Las Vegas *6,000. *1,500—MOCA. 154 is amended to read in part: VOR, southeastbound. * * 9,000—MOCA. Int, 124° M rad, Kennedy VOR and 236° M Montgomery, Ala., VOR, via S alter.; Fort Ponca City, Okla., VOR; Bartlesville, Okla., rad, Hampton VOR; Beach INT, N.Y.; Davis INT, Ala., via S alter.; *2,000. VOR; *3,000. *2,500—MOCA. *5,000. *1,400—MOCA. *1,500—MOCA. Section 95.6194 VOR Federal airway Fort Davis INT, Ala., via S alter.; Midway Section 95.6140 VOR Federal airway INT, Ala., via S alter.; *2,300. *1,600— 194 is amended to read in part: 140 is amended to delete: MOCA. Lafayette, La., VOR; ‘Rose INT, La.; **1,600. Casanova, Va., VOR; Manassas INT, Va.; *3,000—MRA. **1,500—MOCA. 2,400. Section 95.6157 VOR Federal airway Rose INT, La.; Baton Rouge, La., VOR; *1,600. Manassas INT, Va.; Washington, D.C., VOR; 157 is amended to read in part: *1,500—MOCA. *2,400. *1,800—MOCA. Greenwood, S.C., VOR; Fort Mill, S.C., VOR, Baltimore, Md., VOR; Bel Air INT, Md.; 2,000. *2,200. *2,000—MOCA. Washington, D.C., VOR; Andrews, Md., VOR; Bel Air INT, Md.; New Castle, Del., VOR; 1,900. *2,000. *1,700—MOCA. Section 95.6198 VOR Federal airway Andrews, Md., VOR; Pasadena INT, Md.; Stamford INT, N.Y., Int, 045° M rad, La 198 is amended to read in part: 2 ,000. Guardia VOR and 077° M rad, Carmel Pasadena INT, Md.; Rockhall INT, Md.; VOR; *2,600. *2,100—MOCA. Junction, Tex., VOR; Doss INT, Tex.; *3,700. *1,500. *1,200—MOCA. Colts Neck, N.J., VOR; Int. 100° M rad, Colts *3,400—MOCA. Rockhall INT, Md.; Millville, N.J., VOR; Neck VOR and 207° M rad, Kennedy VOR; *2,000. *1,600—MOCA. Section 95.6210 VOR Federal airway 2 .000 . Millville, N.J., VOR; Coyle, N.J., VOR; 1,500. Int, 100° M rad, Colts Neck VOR and 207° 210 is amended to read in part: Coyle, N.J., VOR; Int, 190° M rad, Colts Neck M rad, Kennedy VOR; Kennedy, N.Y., VOR; ♦Cowan INT, Ohio; Rosewood, Ohio, VOR, VOR and 107° M rad, Robbinsville VOR; 1,700. 1,500. 2,800. *4,000—MRA. Int, 190° M rad, Coits Neck VOR and 107° M Section 95.6159 VOR Federal airway Rosewood, Ohio, VOR; Grindell INT, Ohio, rad, Robbinsville VOR; Colts Neck, N.J., 159 is amended to read in part: 3,200. ' VOR; *1,700. *1,600—MOCA. Lancaster, Pa., VOR; INT, 104° M rad, Lan Colts Neck, N.J., VOR; Preston INT, N.J.; West Palm Beach, Fla., VOR; Monet INT, caster VOR and 152° M rad, Pottstowu 1,700. Fla.; *1,500. *1,300—MOCA. Saturday, June 12, 1965 FEDERAL REGISTER 7643 Section 95.6211 VOR Federal airway Section 95.6249 VOR Federal airway Section 95.6278 VOR Federal airway 211 is amended to read: 249 is amended to read in part: 278 is amended to read in part: From, to, and ME A From, to, and ME A From, to, and ME A Horse Lake INT, Oolo.; »Durango, Oolo., Colts Neck, N.J., VOR; Boonton INT, N.J.; Greenwood, Miss., VOR; College INT, Miss.; VOR, westbound: 11,000. Eastbound; 2 ,00 0 . *2,100. *1,700—MOCA. 13.000. *8,700—MCA Durango VOR, east- Boonton INT, N.J.; Sparta, N.J., VOR; 3,000. College INT, Miss.; Columbus, Miss., VOR; bound. *9,200—MCA Durango VOR, west­ *1,900. *1,800—MOCA. bound. Section 95.6252 VOR Federal airway Durango, Colo., VOR; Cortez, Colo., VOR; 252 is amended to read in part: Section 95.6279 VOR Federal airway 11.000. Watkins Glen, N.Y.; Binghamton, N.Y., VOR; 279 is amended to read in part: Cortez, Colo., VOR; Dove Creek, Colo., VOR; 3,800. »Dublin INT, Ohio; Findlay, Ohio, VOR; 9,800. Sparta, N.J., VOR; Int, 061° M rad, Solberg **3,000. *3,500—MRA. **2,500—MOCA. Section 95.6214 VOR Federal airway VOR and 155° M rad, Sparta VOR; 3,000. Section 95.6280 VOR Federal airway 214 is amended to read in part: < Section 95.6257 VOR Federal airway 280 is amended to read in part: Richmond, Ind., VOR; Liberty INT, Ohio; 257 is amended to read in part: Roswell, N. Mex., VOR; * Dora INT, N. Mex.; 2,900. Prescott, Ariz., VOR; *Anita INT, Ariz.; **6,500. *10,000—MRA. **5,600—MOCA. northbound; 14,000. Southbound; 11,000. »Caprock INT, N. Mex., via S alter.; **Dora Section 95.6219 VOR Federal airway *12,500—MCA Anita INT, northbound. INT, N. Mex., via S alter.; ***9,000. 219 is amended to read in part: 9,000—MRA. **10,000—MRA. ***5,500— Sioux City, Iowa, VOR; Spirit Lake INT, Section 95.6258 VOR Federal airway MOCA. 258 is amended to read in part: Iowa; *6,000. *2,900—MOCA. Section 95.6292 VOR Federal airway Spirit Lake INT, Iowa; Mankato, Minn.,VOR; Charleston, W. Va., VOR; »Sharon INT, W. *6,000. *2,600—MOCA. Va.; 4,000. *4,100—MCA Sharon INT, 292 is amended to read in part: Hayes Center, Nebr., VOR; Int. 048° M rad, southbound. Spring Valley INT, N.Y.; Int, 093° M rad, Hayes Center VOR, and 080° M rad, North Sharon INT, W. Va.; Beckley, W. Va., VOR; Sparta VOR and 244° M rad, Carmel VOR; Platte, VOR; *$5,000. *4,100—MOCA. 5.000. 2,600. Int, 048° M rad, Hayes Center, VOR, and Roanoke, Va., VOR; Pigg INT, Va.; 5,000. Int, 093° M rad, Sparta VOR and 244° M 080° M rad, North Platte, VOR; Wolbach, Pigg INT, Va.; Danville, Va., VOR; 4,000. rad, Carmel VOR; Carmel, N.Y., VOR; Nebr., VOR; *5,000. *3,700—MOCA. 2 , 000 . Section 95.6259 VOR Federal airway Section 95.6222 VOR Federal airway Carmel, N.Y., VOR; Long Hill INT, Conn.; 259 is amended to read in part: 2 ,000 . 222 is amended to read in part: Fort Mill, S.C., VOR; via E alter.; Stanley Long Hill INT, Conn.; Hartford, Conn., VOR; Hattiesburg, Miss., VOR; Evergreen, Ala., INT, N.C., via E alter.; *3,000. *2,900— 2,700. VOR; *2,000. *1,800—MOCA. MOCA. Section 95.6296 VOR Federal airway »Guadalupe INT, Tex.; San Antonio, Tex., Stanley INT, N.C., via E alter.; Hickory, N.C., VOR; **2,800. „*4,300—MRA. **2,600— VOR, via E alter.; *3,500. *3,000—MOCA. 296 is amended to read in part: MOCA. Cherokee INT, N.C.; Fort Mill, S.C., VOR; Section 95.6265 VOR Federal airway *2,500. *2,000—MOCA. Section 95.6226 VOR Federal airway 265 is amended to delete: 226 is amended to read in part: Section 95.6298 VOR Federal airway Riverdale INT, Md.; Beltsville INT, Md.; 298 is amended to read in part: Stillwater, N.J., VOR; Int, 061° M rad, Sol- 2 . 000. berg VOR and 155° M rad, Sparta VOR; Beltsville Int, Md.; Dayton INT, Md.; 2,000. »Dubois, Ida., VOR; Lamont INT, Ida., west­ 3,000. Dayton INT, Md.; Westminster, Md., VOR; bound; 9,000. Eastbound; 13,000. *9,800— Int, 061° M rad, Solberg VOR and 155° M 2,400. MCA Dubois VOR, westbound. *8,700— rad, Sparta VOR; Kennedy, N.Y., VOR; MCA Dubois VOR, eastbound. 2,500. Section 95.6265 VOR Federal airway 265 is amended by adding: Section 95.6310 VOR Federal airway Section 95.6234 VOR Federal airway Reno INT, Md.; Dayton INT, Md.; 2,000. 310 is added to read: 234 is amended to read in part: Dayton INT, Md.; Westminster, Md., VOR; Louisville, Ky., VOR; London, Ky„ VOR; »Conchas Dam INT, N. Mex.; Dalhart, Tex., 2,600. *3,200. *2,500—MOCA. London, Ky., VOR; Rose Hill INT, Va.; 5,000. VOR; **10,000. *8,500—MCA. Conchas Section 95.6265 VOR Federal airway Dam INT, northeastbound. **7,000— Rose Hill INT, Va.; Holston Mountain, Tenn., MOCA. 265 is amended to read in part: VOR; 6.500. *6,400—MOCA. Philipsburg, Pa., VOR; Bradford, Pa., VOR; Holston Mountain, Tenn., VOR; »State line Section 95.6236 VOR Federal airway *4,100. *3,600—MOCA. INT, Tenn.; 6,000. *7,000—MCA State line ¿oo is amended to read in p art: INT, eastbound. Section 95.6268 VOR Federal airway State line INT, Tenn.; West Jefferson INT, int, 218° M rad, Ogden VOR and 249° M rad, 268 is amended to read in part: N.C.; 7,500. West Jefferson INT, N.C.; Burch INT, N.C.; 9000 ke City VOR: § ¡8 1 utah’ VOR; Baltimore, Md., VOR; Kenton, Del., VOR; *6,000. *4,400—MOCA. 2,000. Burch INT, N.C.; Yadkin INT, N.C.; 3,500. Section 95.6238 VOR Federal airw Section 95.6270 VOR Federal airway Yadfcin INT, N.C.; Greensboro, N.C., VOR; is amended by adding: 2,500. 270 is amended to read in part: Rocky Mount, N.C., VOR; Elizabeth City, Ph4,oooburs’Pa" VOR; Harrisbure- Pa., vo Binghamton, N.Y., VOR; Harmony INT, N.Y.; N.C., VOR; *1,600. *1,400—MOCA. 3,600. Section 95.6311 VOR Federal airway 24oe,C^°n ®5.6240 VOR Federal airw Section 95.6275 VOR Federal airway 311 is added to read: ao 1S te n d e d to read in part: 275 is amended to read in part: Int, 084° M rad, Montpelier VOR and 178° Richmond, Ind., VOR, via W alter.; Dayton, M rad, Sherbrooke VOR; United States- dT 3( S Io?a’ MobUe’ Ala-. VOR= Ohio, VOR, via W alter.; 2,800. Canadian border; *9,000. *5,300—MOCA. Camden INT, Ohio; Dayton, Ohio, VOR; 246^ ion 95.6246 VOR Federal airw 2,700. Section 95.6315 VOR Federal airway amended to read in part: Dayton, Ohio, VOR; Findlay, Ohio, VOR; 315 is added to read: *2,800. *2,300—MOCA. Findlay, Ohio, VOR; Custar INT, Ohio; 2,500. Paris, Tex., VOR; Page, Okla., VOR; *4,000. ^ ¡ ^ • ? ^ ™ o < k Meel!er raT' ° h Custar INT, Ohio; Waterville, Ohio, VOR; *3,900—MOCA. *2,200. *2,000—MOCA. Section 95.6316 VOR Federal airway ohl°. vo Waterville, Ohio, VOR; Harbor View INT, Ohio; 2,300. 316 is added to read: “ “».‘l'. “ 1W-S !A Shat0n 1NT’ 0h Harbor View INT, Ohio; Carleton, Mich., Sault Ste. Marie, Mich., VOR; United States- VOR; 2,400. Canadian border; *2,500. *1,900—MOCA. 2ffaLS624iis amended to VOR read inF edpart: era l airw Section 95.6277 VOR Federal airway Section 95.6401 Hawaii VOR Federal 277 is amended to read in part: airway 1 is amended to read: V°ORRS Calif" VOR; Avenal, Cal Rosewood, Ohio, VOR; *Rockford INT, Ohio; Paradise INT, Hawaii; »Hibiscus INT, Ha­ **2,800. *3,000—MRA. **2,300—MOCA. waii; 4,000. *4.000—MRA. 7644 RULES AND REGULATIONS

From, to, and ME A Section 95.6445 VOR Federal airway Section 95.6804 VOR Federal airway Hibiscus INT, Hawaii; »Redwood INT, Ha­ 445 is amended to read in part: 804 is amended to read in part: waii; **2,000. *9,000—MRA. **1,000— From, to, and ME A From, to, and ME A MOCA. La Guardia, N.Y., VOR; Int, 108° M rad, Tiverton, Ohio, VOR; Grindell INT, Ohio' Redwood INT, Hawaii; Hilo, Hawaii, VOR; 2,400. *2,000. *1,900—MOCA. Sparta VOR and 349° M rad, La Guardia, VOR; *2,000. *1,900—MOCA. Grindell INT, Ohio; Rosewood, Ohio, VOR- Section 95.6402 Hawaii VOR Federal Int, 108° M rad, Sparta VOR and 349° M rad, 3,200. airway 2 is amended to read in part: La Guardia, VOR; Kingston, N.Y., VOR; *3,000. *2,600—MOCA. Section 95.6807 VOR Federal airway Mango INT, Hawaii; »Harpoon INT, Hawaii; 807 is amended to read in part: 95.6454 6.000. *6,000—MCA Harpoon INT, east- Section VOR Federal airway Binghamton, N.Y., VOR; Ithaca, N.Y., VOR- bound. 454 is amended to read in part: 3,700. Harpoon INT, Hawaii; Upolu Point, Hawaii, VOR; 7,000. Greenwood, S.C., VOR; Fort Mill, S.C., VOR; *2,200. *2,000—MOCA. Section 95.6810 VOR Federal airway Section 95.6405 Hawaii VOR Federal Banks INT, Ala.; Midway INT, Ala.; $2,200. 810 is amended to read in part: airway 5 is amended to read in part: *1,600—MOCA. Bradford, Pa., VOR; Slate Run, Pa., VOR; *4,200. *3,600—MOCA. Harpoon INT, Hawaii; Lava INT, Hawaii; Section 95.6455 VOR Federal airway 7.000. 455 is amended to read in part: Section 95.6837 VOR Federal airway Lava INT, Hawaii; *Surf INT, Hawaii; **7,- New Orleans, La., VOR; *Snail INT, La.; 837 is amended to read in part: 000. *5,500—MGA Surf INT, northbound. **1,500. *2,000—MRA. **1,400—MOCA. **1,000—MOCA. Evergreen, Ala., VOR; Montgomery, Ala., New Orleans, La., VOR, via W alter.; Madison VOR; *2,000. *1,800—MOCA. Section 95.6423 VOR Federal airway INT, La., via W alter.; *1,500. *1,400— Spartanburg, S.C., VÒR; Waco INT, N.C.; 423 is amended to read in part: MOCA. *2,800. *2,300—MOCA. Madison INT, La., via W alter.; Hattiesburg, Shark INT, N.J.; Int, 124° M rad, Kennedy Binghamton, N.Y., VOR; Ithaca, N.Y., VOR; Miss., VOR, via A alter.; *4,000. *1,500— VOR and 236° Hampton VOR; *6,000. 3,700. MOCA. *1,500—MOCA. Section 95.6425 VOR Federal airway Gulfport, Miss., VOR, via E. alter.; Mouse Int, 124° M rad, Kennedy VOR and 236‘ INT, Miss., via E alter.; *1,800. *1,500— Hampton VOR; Beach INT, N.Y.; *5,000. 425 is amended to read: MOCA. *1,400—MOCA. Brookley, Ala., VOR; Int, 044° M rad, Mobile Mouse INT, Miss., via E alter.; - Hattiesburg, VOR and 353° M rad, Brookley VOR; *2,- Miss., VOR, via E alter.; *2,000. *1,700— Section 95.6839 VOR Federal airway 000. *1,500—MOCA. MOCA. 839 is amended to read in part: Hattiesburg, Miss., VOR; Meridian, Miss., Section 95.6428 VOiJ Federal airway VOR; *2,300. *1,800—MOCA. Columbia, S.C., VOR; Richburg INT, S.C.; 428 is amended to read in part: 2 ,000 . Section 95.6467 VOR Federal airway Richburg INT, S.C.; Fort Mill, S.C., VOR; Elmira, N.Y., VOR; Ithaca, N.Y., VOR; 3,800. 467 is amended to read: 2,400. Fort Mill, S.C., VOR; ‘ Mount Holly INT, Section 95.6433 VOR Federal airway La Guardia, N.Y., VOR; Int, 108° M rad, N.O.; **2,500. *2,600—MRA. **2,300- 433 is amended to read in part: Sparta VOR and 349° M rad, La Guardia MOCA. VOR; *2,000. *1,900—MOCA. Burch INT, N.C.; Sawmill INT, Va.; *7,000. Rocky Hill INT, N.J.; Int, 069° M rad, Yard- Int, 108° M rad, Sparta VOR and 349° M rad, ley VOR and 355° M rad, Colts Neck, VOR; *5,600—MOCA. La Guardia VOR; Huguenot, N.Y., VOR; Sawmill INT, Va.; Pulaski, Va., VOR; *6,000. 2 .000. Washington, D.C., VOR; Int, 231° M rad, 3,000. *5,600—MOCA. Baltimore VOR and 271° M rad, Kenton Section 95.6480 VOR Federal airway Section 95.6845 VOR Federal airway VOR; 2,000. 480 is amended to read in part: Int, 231° M rad, Baltimore VOR and 271° 845 is amended to read in part: M rad, Kenton, VOR; Swan Point INT, Md.; Nenana, Alaska, VOR; Fairbanks, Alaska, Neosho, Mo., VOR; »Pryor INT, Okla.; 3,000. VOR; *4,000. *2,600—MOCA. **2,900. *2,900—MRA. **2,700—MOCA. Swan Point INT, Md.; Kennedyville INT, Md.; Section 95.6485 VOR Federal airway Buffalo INT, Mo.; Springfield, Mo., VOR; 2,500. *3,000. *2,300—MOCA. Kennedyville INT, Md.; New Castle, Del., 485 is amended to read in part: VOR; 2,000. Fellows, Calif., VOR; *Red Hills INT, Calif.; Section 95.6846 VOR Federal airway 846 is amended to read in part: Section 95.6435 VOR Federal airway **7,000. *7,000—MCA Red Hills INT, southeastbound. * *6,000—MOCA. Wolbach, Nebr., VOR; Inti 048° M rad, Hayes 435 is amended to read: Red Hills INT, Calif.; Priest, Calif., VOR; Center VOR and 080° M rad, North Platte Rosewood, Ohio, VOR; Upper Sandusky INT, *7,000. *6,000—MOCA. VOR; *5,000. *3,700—MOCA. Ohio; *3,100. *2,300—MOCA. Section 95.6488 VOR Federal airway Int, 048“ M rad, Hayes Center VOR and 080 Upper Sandusky INT, Ohio; Attica, Ohio, 488 is amended to delete : M rad, North Platte VOR; Hayes Center, VOR; 2,700. Nebr., *5,000. *4,100—MOCA. Tanana, Alaska, VOR; Nenana, Alaska, VOR; Section 95.6438 VOR Federal airway *7,000. *4,700—MOCA. Section 95.6853 VOR Federal airway 438 is amended to read in part: 853 is amended to read in part: Section 95.6488 VOR Federal airway Findlay, Ohio, VOR; »Meeker INT, Ohio; Susitna INT, Alaska, via W alter.; *Tal- 488 is amended by adding: **2,500. *2,700—MRA. * *2,400—MOCA. keetna, Alaska, VOR, via W alter.; 5,000. Tanana, Alaska, VOR; Fairbanks, Alaska, Meeker INT, Ohio; Appleton, Ohio, VOR; *6,000—MCA Talkeetna VOR; northbound. VOR; *7,000. *4,700—MOCA. *3,100. *2,400—MOCA. »Talkeetna, Alaska, VOR; Fairbanks, Alaska, VOR; 10,000. *6,000—MCA Talkeetna Section 95.6492 VOR Federal airway Section 95.6854 VOR Federal airway VOR; northbound. 492 is amended to read in part: 854 is amended to read in part: Fairbanks, Alaska,-VOR; Fort Yukon, Alaska, Dixie Ranch INT, Fla., via N alter.; Pluto Wadsworth INT, Nev.; Reno,. Nev., V0B; VOR; 7,000. INT, Fla., via N alter.; *2,000. *1,200— *11,000. *10,000—MOCA. Fairbanks, Alaska, VOR, via E alter.; Fort MOCA. Yukon, Alaska, VOR, via E alter.; *8,000. Pluto INT, Fla., via N alter.; Monet INT, Fla., Section 95.6859 VOR Federal airway *7,300—MOCA. via N alter.; *1,500. *1,100—MOCA. 859 is amended to read in part: Section 95.6443 VOR Federal airway Section 95.6493 VOR Federal airway Neosho, Mo., VOR; »Pryor 443 is amended to read in part: 493 is amended to read in part: **2,900. *2,900—MRA. * *2,700—MOCA- Conway INT, Mo,; Springfield, Mo.; Tiverton, Ohio, VOR; Reedsburg INT, Ohio; Appleton, Ohio, VOR; Upper Sandusky INT, *2.300— MOCA. . 3,100. Ohio; 3,100. Reedsburg INT, Ohio; Cleveland, Ohio, VOR; Upper Sandusky INT, Ohio; Waterville, Ohio, Section 95.6875 VOR Federal airway *3,000. *2,400—MOCA. VOR; *2,400. *2,000—MOCA. 875 is amended to read in part: Section 95.6444 VOR Federal airway Section 95.6802 VOR Federal airway Meridian, Miss., VOR; Hattiesburg, Mis*- 444 is amended to read in part: 802 is amended to read in part: VOR; *2,300. *1,800—MOCA. _ Dayton, Ohio, VOR; »Plain City INT, Ohio; Hattiesburg, Miss., VOR; Madison > Fairbanks, Alaska, VOR; Big Delta, Alaska, *4,000. *1,500—MOCA. VOR; 5,000. 3,000. *4,000—MRA. Saturday, June 12, 1965 FEDERAL REGISTER 7645

From, to, and ME A Section 95.7065 Jet Route No. 65 is (Secs. 307, 1110, Federal Aviation Act of 1958 Lehigh INT, Ala.; Birmingham, Ala., VOR; amended to read in part: (49 UB.C. 1348, 1510) ) *3,000. *2,500—MOCA. From, to, ME A, and MAA H e r n d o n , Va., VOR; Casanova, Va., VOR; Issued in Washington, D.C., on June 4, *3,000. *2,500—tylOCA. Blythe, Calif., VOR; Int, 109° M rad, Palmdale 1965. R o a n o k e , Va., VOR; Pulaski, Va., VOR; 5,000. VORTAC and 258° M rad, Blythe VOR; C. W . W alker, Pulaski, Va., VOR; Max Meadows INT, Va.; 18,000; 45,000. Acting Director, Flight *7,700. *4,900—MOCA. Int, 109° M rad, Palmdale VORTAC and 258° Standards Service. Max Meadows INT, Va.; Sugar Grove INT, M rad, Blythe VOR; Palmdale, Calif., VOR­ Va.; *7,700. *6,100—MOCA. TAC; 20,000; 45,000. [F.R. Doc. 65-6049; Filed, June 11, 1965; Sugar Grove INT, Va.; »Konnarock INT, Va.; Palmdale, Calif., VORTAC; Int. 276° M rad, 8:45 a.m.] 7.700. *7,000—MCA Konharock INT, Palmdale VORTAC and 133° M rad, northeastbound. Bakersfield VORTAC; 20,000; 45,000. Hartford, Conn., VOR; Long Hill INT, Conn.; Int, 276° M rad, Palmdale VORTAC and 133° 2.700. M rad, Bakersfield VORTAC; Bakersfield, Title 5— ADMINISTRATIVE Long Hill INT, Conn.; Carmel, N.Y., VOR; Calif., VORTAC; 18,000; 45,000. 2,000. Section 95.7071 Jet Route No. 71 is PERSONNEL Carmel, N.Y., VOR; Int, 093° M rad, Sparta added to read : VOR and 244° M rad, Carmel VOR; 2,000. Chapter I— Civil Service Commission Section 95.6881 VOR Federal airway Memphis, Tenn., VORTAC; Centralia, 111., VOR; 18,000; 45,000. PART 213— EXCEPTED SERVICE 881 is amended to read in part: Centralia, 111., VOR; Northbrook, 111., VOR­ Cleveland, Ohio, VOR; Reedsburg INT, Ohio; TAC; 18,000; 45,000._ Entire Executive Civil Service *3,000. *2,400—MOCA. Reedsburg INT, Ohio; Tiverton, Ohio, VOR; Section 95.7074 Jet Route No. 74 is Section 213.3102(u) is amended to ex­ 3,100. amended to read in part: tend for an additional 3-year period the current authority for Schedule A ap­ Section 95.6888 VOR Federal airway Parker, Calif., VORTAC; St. Johns, Ariz., pointment of 100 severely handicapped 888 is amended to read in part: VORTAC; #18,000; 45,000. #MEA* is established with a gap in navigation signal persons who under temporary appoint­ Beach INT, N.Y.; Int, 124° M rad, Kennedy coverage. ment have demonstrated their ability to VOR and 236° M rad, Hampton VOR; perform *the work satisfactorily. Effec­ *5,000. *1,400—MOCA. Section 95.7088 Jet Route No. 88 is tive on publication in the F ederal R eg­ Int, 124° M rad, Kennedy VOR and 236° M amended to read in part : ister, paragraph (u) of § 213.3102 is rad, Hampton VOR; Shark INT, N.J.; *6,000. *1,500—MOCA. Santa Barbara, Calif., VORTAC; Int, 310° M amended as set out below. rad, Santa Barbara VORTAC and 276° M § 213.3102 Entire executive civil service. From, to, ME A, and MAA rad, Palmdale VORTAC; 18,000; 45,000. * 4« * 4c 4: Section 95.7004 Jet Route No. 4 is Int, 310° M rad, Santa Barbara VORTAC and amended to read in part: 276° M rad, Palmdale VORTAC; Salinas, (u) Until June 30, 1968, and for not Calif., VORTAC; 18,000; 45,000. Los Angeles, Calif., VORTAC; Int, 109° M more than 100 positions and subject to rad, Palmdale VORTAC and 258° M rad, Section 95.7093 Jet Route No. 93 is prior approval of the Commissioners, a Blythe VOR; 18,000; 45,000. amended to read in part: position when filled by a severely handi­ Int, 109° M rad, Palmdale VORTAC and 258° capped person who, under temporary M rad, Blythe VOR; Blythe, Calif., VOR; Int, 320° M rad, Medford VOR and 201° M appointment, has demonstrated his abil­ 18,000; 45,000. rad, Portland VORTAC; Portland, Oreg., ity to perform satisfactorily the duties Montgomery, Ala., VORTAC; Atlanta, Ga., VORTAC; 18,000; 45,000. of the position. VORTAC; 18,000; 45,000. * * * * * Atlanta, Ga., VORTAC; Augusta, Ga., VOR­ Section 95.7106 Jet Route No. 100 is TAC; 18,000; 45,000. amended to read in part: (R.S. 1753, sec. 2, 22 Stat. 403, as amended; 5 U.S.C. 631, 633; E.O. 10577, 19 F.R. 7521, 3 Section 95.7006 Jet Route No. 6 is Bryce Canyon, Utah, VORTAC; Grand Junc­ CFR, 1954-58 Comp., p. 218) amended to read in part: tion, Colo., VORTACi 18,000; 45,000. U nited S tates Civil S erv­ Int, 310° M rad, Santa Barbara Palmdale, Section 95.7132 Jet Route No. 132 is ice Co m m issio n, VORTAC and 276 ° M rad, Palmdale VOR­ added to read: TAC; Calif., VORTAC; 20,000; 45,000. [seal] M ary V. W enzel, Fort Dodge, Iowa, VORTAC; Mason City, Executive Assistant to Section 95.7019 Jet Route No. 19 is Iowa, VORTAC; 18,000; 45,000. the Commissioners. added to read: 2. By amending Subpart D as follows: [F.R. Doc. 65-6144; Filed, June 11, 1965; Oakland, Calif., VORTAC; Ukiah, Calif., 8:48 a.m.] VORTAC; 18,000; 45,000. Section 95.8003 VOR Federal airway Ukiah, Calif., VORTAC; Fortuna, Calif., VOR; 18,000; 45,000. changeover points: ^ Calif., VOR; North Bend, Oreg., Airway segment; From; to—Changeover PART 213— EXCEPTED SERVICE VOR; 18,000; 45,000. point: Distance; from Nw , Bend> ° reS-> VOR; Newport, Oreg., Treasury Department VOR; 18,000; 45,000. ? Direct Routes—is amended by adding: Section 213.3105 is amended to show NeÄ > ° reS > VOR; Hoquiam, Wash., VOR; Ventura, Calif., VOR; Salinas, Calif., 18,000; 45,000. VORTAC; 40; Ventura. the exception under Schedule A of one Hoquiam, Wash., VOR; Seattle, Wash., VOR­ V-37 is amended by adding: position of Psychologist (Counseling) at TAC; 18,000; 45,000. Fort Mill, S.C., VOR; Pulaski, Va., VOR; 86; the United States Coast Guard Academy, Fort Mill. New London, Conn. Effective on pub­ 95.7020 Jet Route No. 20 is V—82 is amended to delete: lication in the F ederal R egister, sub- amended to read in part : Minneapolis, Minn., VOR; Farmington, Minn., paragraph (2) of paragraph (c) of VOR; 18; Minneapolis. ^ vop VOR; Int, 118° M rad, Orlando V—257 is amended by adding: § 213.3105 is amended as set out below. 18,000;l R ivin 45,000.339 ° M rad> Vero Beach VORTAC; Prescott, Ariz., VOR; Bryce Canyon, Utah, § 213.3105 Treasury Department. VOR; 98; Prescott. 4c 4c 4c 4c 4: am*«?0^ 95'7047 Jet ROUte No. 47 V—287 is amended to read in part: amended to delete: Portland, Oreg., VOR; Olympia, Wash,'VOR; (c) Coast Guard. * * * 41; Portland. (2) Professors, associate professors, S^ 35TAOg’1QS^ VORTAC: Lexington, K V-488 is amended to delete: Lex” LTAC’ !8,000; 45,000. Tanana, Alaska, VOR; Nenana, Alaska, VOR; assistant professors, instructors, one ÌS ap VORTAC: Dayton, Oh 35; Tanana. principal librarian, one cadet hostess, VURTAC, 18,000; 45,000. V—488 is amended by adding: and one psychologist (counseling) at the Tanana, Alaska, VOR; Fairbanks, Alaska, Coast Guard Academy, New London, 53 VOR; 44; Tanana. Conn. V-839 is amended by adding: ♦ 4c ♦ 4c 4c Fort Mill, S.C., VOR; Pulaski, Va., VOR; 86; Fort Mill. (R.S. 1753, sec. 2, 22 Stat. 403, as amended; 7646 RULES AND REGULATIONS

5 U.S.C. 631, 633; E.O. 10577, 19 F.R. 7521, 3 § 213.3308 Department of the Navy. 7757, 8018, 9144,11049; 29 F.R. 1315,6520 CFR, 1954-58 Comp., p. 218) (a) Office of the Secretary. 7588, 7763, 9927, 12420, 14099, 14661; 30 U nited S tates C ivil S erv­ (1) Four Civilian Aides or ExecutiveF.R. 823, 6146) are issued (1) to add a ice Co m m issio n, Assistants to the Secretary. paragraph (y) to § 724.67, as amended, of the said regulations to provide that [ seal] M ary V. W enzel, * * * * * Executive Assistant to the lease and transfer of a tobacco al­ the Commissioners. (R.S. 1753, sec. 2, 22 Stat. 403, as amended; lotment for the 1965 crop year shall be 5 U.S.C. 631, 633; E.O. 10577, 19 F.R. 7521, effective if (a) the Secretary finds that [F.R. Doc. 65-6147; Filed, June 11, 1965; 3 CFR, 1954-58 Comp., p. 218) a lease, which is in compliance with the 8:49 am .] U nited S tates Civil S erv­ provisions of § 724.67, as amended, was ice Com m ission, agreed upon no later than April 1, 1965, PART 213— EXCEPTED SERVICE [ seal] M ary V. W enzel, in the States of Alabama, Florida! Executive Assistant to Georgia, North Carolina, South Caro­ Department of Defense the Commissioners. lina, and Virginia; and no later than Section 213.3306 is amende/, to show [F.R. Doc. 65-6145; Filed, June 11, 1965; May 1, 1965, in all other States, and (b) 8:48 a.m.] the terms of the lease are reduced to that one of the two positions of Private writing and filed no later than June 16, Secretary to the Chairman, 'Joint Chiefs 1965, in the county office for the county of Staff, is no longer excepted under PART 213— EXCEPTED SERVICE in which the farms involved are located; Schedule C. Effective on publication in and (2) to add a paragraph (z) to the F ederal R egister, subparagraph (30) President’s Committee on Consumer § 724.67, as amended, to provide that the of paragraph (a) of § 213.3306 is-amend­ Interests dissolution of a leasë shall be effective ed as set out below. Section 213.3371 is amended to show if (a) the county committee, with the §213.3306 Department of Defense. the exception under Schedule C of the approval of the State executive director, (a) Office of the Secretary. * * * position of Congressional Liaison Spe­ finds that such dissolution was agreed (30) One Private Secretary to the upon no later than April 1, 1965, in the cialist. Effective on publication in the States of Alabama, Florida, Georgia, Chairman, Joint Chiefs of Staff. F ederal R egister, paragraph (c) is added North Carolina, South Carolina, and Vir­ * * * * * to § 213.3371 as set oi|t below. ginia; and no later than May 1, 1965, in (R.S. 1753, sec. 2, 22 Stat. 403, as.amended; § 213.3371 President’s Committee on all other States, and (b) the terms of the 5 D.S.C. 631, 633; E.O. 15077, 19 F.R. 7521, Consumer Interests. dissolution are reduced to writing and 3 CFR, 1954-58 Comp., p. 218) * * * * * filed no later than June 16, 1965, in the U nited S tates Civil S erv­ (c) One Congressional Liaison Spe­county office for the county in which the ice Co m m issio n, cialist. farms involved are located. [ seal] M ary V. W enzel, Since these amendments are applica­ Executive Assistant to (R.S. 1753, sec. 2, 22 Stat. 403, as amended; 5 ble to the 1965 crop year and tobacco U.S.C. 631, 633; E.O. 10577, 19 F.R. 7521, 3 the Commissioners. CFR, 1954-58 Comp., p. 218) producers are now engaged in the pro­ [F.R. Doc. 65-6143; Filed, June 11, 1965; duction of the 1965 crop of tobacco, it is 8:48 a.m.] U nited S tates Civil S erv- hereby found and determined that com­ , ice Com m ission, pliance with the public notice, procedure, [seal] M ary V. W enzel, and effective date requirements of the PART 213— EXCEPTED SERVICE Executive Assistant to Administrative Procedure Act (5 U.S.C. the Commissioners. 1003) is impractical and contrary to the Department of the Army [F.R. Doc. /65-6146; Filed, June 11, 1965; public interest and these amendments Section 213.3307 is amended to show 8:48 a.m.] shall become effective upon filing with the exception under Schedule C of an the Director, Office of the Federal Reg­ additional position of Private Secretary ister. in the Office of the Military Aide to the (2) Amendment, (a) New paragraphs President. Effective on publication in Title 7— AGRICULTURE (y) and (z) are added to § 724.67, as the F ederal R egister, subparagraph (2), amended, of the said regulations, to paragraph (b) of § 213.3307 is amended Chapter VII— Agricultural Stabiliza­ read as follows: tion and Conservation Service as set out below. § 724.67 Lease and transfer of tobacco (Agricultural Adjustment), Depart­ § 213.3307 Department of the Army. acreage allotment. ***** ment of Agriculture (b) General. * * * SUBCHAPTER B— FARM MARKETING QUOTAS (y) Notwithstanding the foregoing (2) One Administrative Assistant and AND ACREAGE ALLOTMENTS provisions of this section, the lease and three Private Secretaries to the Military [Arndt. 15] transfer of an allotment for the 1965 Aide to the President. crop year shall be effective if G) the PART 724— BURLEY, FLUE-CURED, Secretary finds that a lease, which is_m (R.S. 1753, sec. 2, 22 Stat. 403, as amended; of this 5 U.S.C. 631, 633; E.O. 10577, 19 F.R. 7521, FIRE-CURED, DARK AIR-CURED, compliance with the provisions 3 CFR, 1954-58 Comp., p. 218) VIRGINIA SUN-CURED, CIGAR- section, was agreed upon no later than BINDER (TYPES 51 & 52), CIGAR- April 1, 1965, in the States of Alabama, U nited S tates Civil S erv­ Florida, Georgia, North Carolina, South ice Co m m issio n, FILLER AND BINDER (TYPES 42, 43, Carolina, and Virginia; and no later [ seal] M ary V. W enzel, 44, 53, 54, AND 55), AND MARY­ than May 1,1965, in all other States, ana Executive Assistant to LAND TOBACCO ALLOTMENT AND (2) the terms of the lease are reduced to the Commissioners. MARKETING QUOTA REGULA­ writing and filed no later than June io, [F.R. Doc. 65-6142; Filed, June II, 1965; TIONS, 1963—64 AND SUBSEQUENT 1965, in the county office for the county 8:48 a.m.] in which the farms involved are locate • MARKETING YEARS (z) Notwithstanding the foregoi s Subpart—-Tobacco Allotm ent and provisions of this section, the dissoluti PART 213— EXCEPTED SERVICE of a lease for the 1965 crop yea*L®,. p M arketing Quota Regulations, pursuant to this section shall be enec Department of the Navy 1963—64 and Subsequent Market­ if (1) the county committee, witn me Section 213.3308 is amended to show ing Years approval of the State executive dire > the exception under Schedule C of one finds that such dissolution was agr Lease and T ransfer of T obacco A creage upon no later than April 1, additional position of Assistant to the A llotment Secretary of the Navy. Effective on pub­ States of Alabama, Florida, Ge &< lication in the F ederal R egister, sub- (1) Basis and purpose. These amend­North Carolina, South Ca-rolin»» paragraph (1), paragraph (a) of § 213.- ments to the above-designated regula­ Virginia^ and no later than May l. j 3308 is amended as set out below. tions (27 F.R. 8937, 9211, 10743,' 28 F.R. in all other States, and (2) the term Saturday, June 12, 1965 FEDERAL REGISTER 7647 the dissolution are reduced to writing ulation during the period specified herein upon which this section is based became and filed no later than June 16, 1965, in were promptly submitted to the Depart­ available and the time when this section the county office for the county in which ment after such meeting was held; the must become effective in order to effectu­ the farms involved are located. provisions of this section, including ate the declared policy of the act is in­ (Secs. 316, 317, 375, 75 Stat. 469, as amended its effective time, are identical with the sufficient, and a reasonable time is per­ by 79 Stat. 118; 79 Stat. 66; 52 Stat. 66, as aforesaid recommendation of the com­ mitted, under the circumstances, for amended; 7 U.S.C. 1314b, 1375; P.L. 89-29 mittee, and information concerning such preparation for such effective time; and and 89-12) provisions and effective time has been good cause exists for making the pro­ Effective date: Date of filing with the disseminated among handlers of such visions hereof effective as hereinafter Director, Office of the Federal Register. Valencia oranges; it is necessary, in set forthT The committee held an open order to effectuate the declared policy of meeting during the current week, after Signed at Washington, D.C., on June the act, to make this section effective giving due notice thereof, to consider 9, 1965. during the period herein specified; and supply and market conditions for lemons E. A. J a e n k e , compliance with this section will not and the need for regulation; interested Acting Administrator, Agricul­ require any special preparation on the persons were afforded an opportunity to tural Stabilization and Con­ part of persons subject hereto which submit information and views at this servation Service. cannot be completed on or before the meeting; the recommendation and sup­ [F.R. Doc. 65-6163; Piled, June 11, 1965; effective date hereof. Such committee porting information for regulation dur­ 8:50 a.m.] meeting was held on June 10, 1965. ing the period specified herein were (b) Order. (1) The respective quanti­promptly submitted to the Department Chapter IX— Consumer and Market­ ties of Valencia oranges grown in Ari­ after such meeting was held; the provi­ zona and designated part of California sions of this section, including its effec­ ing Service (Marketing Agreements which may be handled during the period tive time, are identical with the afore­ and Orders; Fruits, Vegetables, Tree beginning at 12:01 a.m., P.s.t., June 13, said recommendation of the committee, Nuts), Department of Agriculture 1965, and ending at 12:01 a.m., P.s.t., and information concerning such provi­ [Valencia Orange Reg. 124] June 20,1965, are hereby fixed as follows: sions and effective time has been dissem­ (1) District 1: 325,000 cartons; inated among handlers of such lemons; PART 908— VALENCIA ORANGES (ii) District 2: 475,000 cartons; it is necessary, in order to effectuate the GROWN IN ARIZONA AND DESIG­ (iii) District 3: Unlimited movement. declared policy of the act, to make this NATED PART OF CALIFORNIA (2) As used in this section, “handled,” section effective during the period herein “handler,” “District 1,” “District 2,” and specified; and compliance with this sec­ Limitation of Handling “District 3,” and “carton” have the same tion will not require any special prepara­ § 908.424 Valencia Orange Regulation meaning as when used in said amended tion on the part of persons subject hereto 124. marketing agreement and order. which cannot be completed on or before (a) Findings. (1) Pursuant to the (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. the effective date hereof. Such com­ marketing agreement, as amended, and 601-674) mittee meeting was held on June 8, 1965. Order No. 908, as amended (7 CFR Part Dated: June 11, 1965. (b) Order. (1) The respective quan­ 908), regulating the handling of Valen­ tities of lemons grown in California and cia oranges grown in Arizona and des­ F loyd F. H edltjnd, Arizona which may be handled during the ignated part of California, effective Director, Fruit and Vegetable period beginning at 12:01 a.m., P.s.t., under the applicable provisions of the Division, Consumer and Mar­ June 13, 1965, and ending at 12:01 a.m., Agricultural Marketing Agreement Act keting Service. P.s.t., JuneJ20, 1965, are hereby fixed as of 1937, as amended (7 U.S.C. 601-674), [F.R. Doc. 65-6257; Filed, June 11, 1965; follows: and upon the basis of the recommenda­ 11:18 a.m.] (1) District 1: Unlimited movement; tions and information submitted by the (ii) District 2: 325,500 cartons; Valencia Orange Administrative Com­ (iii) District 3: Unlimited movement. mittee, established under the said [Lemon Reg. 165] (2) As used in this section, “handled,” amended marketing agreement and “District 1,” “District 2,” “District 3,” order, and upon other available infor­ PART 910— LEMONS GROWN IN and “carton” have the same meaning as mation, it is hereby found that the lim­ CALIFORNIA AND ARIZONA when used in the said amended market­ ing agreèment and order. itation of handling of such Valencia Limitation of Handling oranges, as hereinafter provided, will (Secs. 1-Î9, 48 Stat. 31, as amended; 7 U.S.C. tend to effectuate the declared policy of § 910.465 Lemon Regulation 165. 601-674) the act. Dated: June 10,1965. . (2) It is hereby further found that it (a) Findings. (1) Pursuant to the is impracticable and contrary to the pub­ marketing agreement, as amended, and * P aul A. N icholson, lic interest to give preliminary notice, Order No. 910, as amended (7 CFR Part Deputy Director, Fruit and Vege­ engage in public rule making procedure, 910), regulating the handling of lemons table Division, Consumer and and postpone the effective date of this grown in California and Arizona, effec­ Marketing Service. section until 30 days after publication tive under the applicable provisions of [F.R. Doc. 65-6190; Filed, June U, 1965; inni *n *Pederal R egister (5 U.S.C. the Agricultural Marketing Agreement 8:50 a.m.] luoi-ioii) because the time interven­ Act of 1937, as amended (7 U.S.C. 601- ing between the date when information 674) , and upon the basis of the recom­ [Lime Reg. 19] upon which this section is based be­ mendations and information submitted came available and the time when this by the Lemon Administrative Committee, PART 911— LIMES GROWN IN ction must become effective in order established under the said amended mar­ FLORIDA effectuate' the declared policy of the keting agreement and order, and upon Quality and Size is « sufficient, and'a reasonable time other available information, it is hereby f p'ermitted, under the circumstances, found that the limitation of handling of § 911.321 Lime Regulation 19. . .Preparation for such effective time; such lemons, as hereinafter provided, will (a) Findings. (1) Pursuant to the nJLg°od cause exists for making the tend to effectuate the declared policy of marketing agreement, as amended, and set f!?1?!?8 effective as hereinafter the act. Order No. 911, as amended (7 CFR Part ffipok« j r^le committee held an open (2) It is hereby further found that it911), regulating the handling of limes eivinlng, durmg.the current week, after is impracticable and contrary to the pub­ grown in Florida, effective under the ap­ sunnvL dUj notice thereof, to consider lic interest to give preliminary notice, plicable provisions of the Agricultural cia 5;0! nd market conditions for Valen- engage in public rule making procedure, Marketing Agreement Act of 1937, as intpr 1965] amended to incorporate § 107.504, Stock (b) Agreements for reciprocal redemp­ Redemption Privileges (30 F.R. 2654). tion privileges. * * * in the Matter of Allied Stores Corp., a Paragraph (b) (2) of § 107.504 dealt with (2) Redemption price. The redemp­ Corporation, Allied Central Stores, the redemption price negotiated and tion price negotiated and agreed upon Inc., a Corporation, Pomeroy’s Inc., à agreed upon between the Licensee and between the parties shall, for the pur­ Corporation, and Almart Stores, Inc., a the issuer small business concern. It poses of this section, be considered valid Corporation and proper if it does not exceed the per­ provided that— missible limits specified in any one (but Consent order, in alleged violation of The redemption price, which shall be ne­ not necessarily all) of the following: the Fur Products Labeling Act, requiring gotiated and agreed upon between the parties, (i) The book value per share at the operators of low markup, mass merchan­ may not exceed any of the following: time demand for repurchase and re­ dising, and self-service retail stores to (i) The book value per share at the time demption is made by the Licensee, sub­ cease falsely invoicing and advertising demand for repurchase and redemption is ject to such adjustments as the parties fur products by : failing to use on invoices made by the Licensee, subject to such ad­ the justments as the parties may have negotiated may have negotiated and agreed upon and in newspaper advertisements and agreed upon with respect to dilution and with respect to dilution and accounting term “Natural” to describe fur products accounting for depreciation, goodwill, re­ for depreciation, goodwill, research and which are not dyed or bleached and the search and development, and similar items; development, and similar items; or true animal name of the fur used in fur or (ii) An agreed multiple of net earn­ products; failing to set forth on invoices (ii) An agreed multiple of net earnings ings per share for a representative the terms “Persian Lamb”, “Dyed Mou­ per share for a period designated by the period following the financing as agreed ton Lamb”, and “Dyed Broadtail-proc­ parties; or essed Lamb” in the required manner; (iii) An agreed percentage of the increase to by the parties; or in gross revenues or net earnings per share (iii) An agreed percentage of the in­ failing to disclose on invoices when fur occurring after the Licensee has provided crease in gross revenues or net earnings products were composed of waste fur financing. per share for a representative period oc­ or composed of two or more sections curring after the Licensee has provided containing furs of different animals; rep­ The purpose of the present amend­ financing. resenting prices falsely as reduced ment is to clarify, by more precise lan­ * * * * * through such statements as “below man­ guage, the original intention of the Ad­ ufacturer’s wholesale price”, “Middle­ ministration that (1) the redemption Dated: June8,1965. man costs have been eliminated”, and “at price would, for the purposes of § 107.- E ugene P. F oley, an auction of fur pelts”; failing to main­ 504, be considered proper if it met the Administrator. tain adequate records as a basis for pric­ maximum price limitations under any ing claims; and failing to comply with one (but not necessarily all) of the cate­ [F.R. Doc. 65-6106; Filed, June 11, 1965; other invoicing and advertising require­ gories comprising subdivisions (i), (ii), 8:45 a.m.] ments of the Act. or (iii) thereof and (2) the criteria set The order to cease and desist, includ­ forth in subdivisions (ii) and (iii), re­ ing further order requiring report of spectively, refer to representative pe­ compliance therewith, is as follows: riods following Licensee’s financing as Title 16-COMMERCIAL It is ordered, That respondent Allied agreed to by the parties. Accordingly, Stores Corp., a corporation, and its of­ the present amendment deletes the in­ PRACTICES ficers, agents, representatives, employees, troductory words of § 107.504(b) and and corporate subsidiaries, and affiliates, substitutes therefor the following; “The Chapter I— Federal Trade Commission as operator and/or operators of low redemption price negotiated and agreed [Docket C-889] markup, mass merchandising, self-serv­ upon between the parties shall, for the ice retail stores of the types heretofore purposes of this section, be considered PART 13— PROHIBITED TRADE operated as “Almart” stores, or stores of valid and proper if it does not exceed the PRACTICES any type similar thereto and whether op­ permissible limits specified in any one Allied Stores Corp. et al. erated under the description “Almart or (but not necessarily all) of the follow­ otherwise, arid respondents Allied Cen­ ing:”. The amendment amplifies the Subpart—Advertising falsely or mis­ tral Stores, Inc., Pomeroy’s, Inc., and Ai- text of subdivisions (ii) and (iii), respec­ leadingly: § 13.30 Composition: 13.30-30 mart Stores, Inc., corporations, and sai tively so that subdivision (ii) explicitly Fur Products Labeling Act; § 13.95 Iden­ respondents’ officers, representatives, refers to an agreed multiple of earnings tity of product: 13.95-20 Fur Products agents, and employees, directly o per share “for a representative period Labeling Act; 1 13.155 Prices: 13.155-50 through any corporate or other device, following the financing as agreed to by Forced or sacrifice sales, 13.155-80 Retail in connection with the introduction in the parties”, and subdivision (iii) refers as cost, wholesale, discounted, etc. Sub­ commerce or the sale, advertising, or o to an agreed percentage of the increase part—Invoicing products falsely : fering for sale in commerce, or in gross revenues or net earnings per § 13.1108 Invoicing products falsely: transportation, or distribution m c share “for a representative period” occur­ 13.1108-45 Fur Products Labeling Act. merce, of any fur product; or in conn • ring after such financing. Subpart—Misbranding or mislabeling : tion with the sale, advertising, one The present amendment merely clari­ § 13.1185 Composition: 13.1185-30 Fur for sale, transportation, or distribu > fies § 107.504. It imposes no additional Products Labeling Act; § 13.1212 Formal of any fur product which is ®aa burdens or obligations upon Licensees or regulatory and statutory requirements: whole or in part of fur which has other parties concerned, but insures 13.1212-30 Fur Products Labeling Act. shipped and received in commer , against possible interpretation as impos­ Subpart—Neglecting, unfairly or decep­ the terms “commerce”, < individually and as an PRACTICES peals, Fifth Circuit, of February 24, 1965, racer of said corporation, and respond- pursuant to the agreement between the representatives, agents and em- Federal Sweets & Biscuit Co., Inc. Commission and Foremost Dairies, Inc., norft!8’ direl tly or through any cor- to include a ban against any further with °r °ther device, in connection Subpart—Discriminating in price un­ acquisitions in the dairy industry with­ lerttn,« '5 s°hcitation of accounts for col­ der section 2, Clayton Act—price dis­ out prior approval of the Federal Trade to cniw+r c°iiection of, or attempts crimination under 2(a) : § 13.715 Charges Commission for the next 10 years, and to «on >co? mte. or to obtain informa- and price differentials; § 13.725 Cumula­ divest itself of the assets and properties S m2 Ern“f toHnqaent debtors. In tive quantity discounts and schedules; incident to this order to a purchaser ap­ § 13.770 Quantity rebates or discounts. the “ S L % ^ 2 erce”, is deflned *= proved by the Commission in advance. forthwith« Trade Commission Act, do (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret The divestiture order of April 30, 1962, forthwith cease and desist from: or apply sec. 2, 49 Stat. 1526, as amended; 15 27 F.R. 8306 (60 FTC 944, 1099) required 7656 RULES AND REGULATIONS respondent to divest itself of ten dairy facturing, processing, or selling at whole­ Columbia, Tenn., District industry concerns it acquired in 1952, sale or on retail milk routes (a) fluid Processing Plant: 1953, and 1955. milk, or (b) ice cream, ice milk, Mel- Columbia. The order in this case, including fur­ lorine, sherbet, or water ices, without the ther order requiring report of compliance prior approval of the Federal Trade Florida Juice therewith, is modified in accordance with Commission. Processing Plant: the final order of the court to read as It is further ordered, That respondent Miami, Fla. follows : shall-ssubmit to the Commission on the Sales Branch: It is ordered, That respondent, Fore­ first day of each calendar month a report Miami, Fla. most Dairies, Inc., before December 31, in writing setting forth its efforts and PHILADELPHIA DAIRY 1965, shall divest itself absolutely, in progress in carrying out the divestiture Philadelphia, Pa., Milk District good faith, of all of the assets and prop­ requirements of this order until all the Processing Plants: erties incident to the operation of the assets have been divested with the ap­ Philadelphia—Milk. facilities referred to in Schedule 1 hereto, proval of the Commission; and respond­ Ardmore—Milk. together with all plants, machinery, ent shall submit to the Commission on Sales Branches: buildings, improvements, equipment, and the first day of each calendar year a re­ Allentown. other property that have been or may port in writing setting forth its com­ Ardmore. be added thereto or placed on such pliance with the cease and desist provi­ Darby. premises by respondent, such divestiture sions of this order. Blenheim, N.J. to be effected subject to prior approval of Philadelphia. Schedule I Paoli. the Commission by sales of assets to Somerton. third persons, firms, or corporations as SOUTHEASTERN REGION D istrict I (Philadelphia—Ice Cream) may be necessary to restore the proper­ Bristol, Va„ District ties as competitive entities, all as here­ Processing Plants: inafter provided. Processing Plants: Philadelphia—Ice cream. Bristol—Milk. Sales Branches: It is further ordered, That such di­ Bristol—Ice cream. Allentown. vestiture shall be effected subject to the Kingsport—Milk. Atlantic City. following: Spartanburg—Ice cream. Harrisburg. 1. Upon the completion of such trans­ Welch—Milk. Laurel. fer of assets to the third person, firm, or Charlotte—Milk. Philadelphia. : corporation (herein called the “trans­ Sales Branches: Pottetown. Appalachia. feree”) , respondent, its officers, directors, Ashland. District II (Northeast, Pa.—Ice Cream) agents, representatives, or employees Bluefield. shall not exercise any control or super­ Bristol. Processing Plants: vision over the policies, control, manage­ Charlotte. Wilkes-Barre—Ice cream. ment, operation, or acts of transferee, or Columbia, S.C. Dushore—Ice cream. any successor in interest to transferee. Johnson City. Sales Branches: Provided, That respondent may license Kingsport. Scranton. Richlands. Wilkes-Barre. the use of any of its trademarks in the Spartanburg. Dushore. territory of the transferee during a Welch. Portville, N.Y. period of twelve (12) years from the Williamson. Sayre. date this order is issued only after it has Williamsport. Jacksonville, Fla., District obtained prior approval by the Com­ D istrict III (Northern New Jersey; New mission of each license. Processing Plants: York—Ice Cream) 2. By these divestitures, none of the Daytona—Milk. stocks, assets, properties, rights, or Savannah—Milk. Sales Branches: privileges, tangible or intangible, shall St. Petersburg—Milk. Asbury Park. Jacksonville—Milk. Newark. be sold or transferred, directly or in­ Jacksonville—Ice cream. Monticello. directly, to anyone who is at the time of Sales Branches: the divestiture an officer, director, em­ Daytona. CRESCENT DAIRY ployee, or agent of, or under the control Gainesville. or direction of, respondent or any of Jacksonville. Sioux Falls, S. Dak., District respondent’s divisions, subsidiaries, or Orlando. Processing Plants: affiliated corporations, or who owns or Savannah. Sioux Falls—Milk. controls, directly or indirectly, more St. Augustine. Sales Branches : St. Petersburg. Hawarden, Iowa. than one (1) percent of the outstanding Tallahassee. shares of common stock of respondent, Madison, S. Dak. Tampa. Sioux Falls. nor to anyone who is not approved as a Valdosta. Worthington, Minn. purchaser by the Federal Trade Com­ San Juan. mission in advance. Miami, Fla., D istrict Richmond, Va., District It is further ordered, That, as used in Processing Plants: Processing Plants; this order, the term “anyone” or “per­ Miami—Milk. Richmond—Milk. son” shall include natural persons who Miami—Ice cream. Richmond—Ice cream. are members of the immediate family Sales Branches: Sales Branches: by reason of blood relationship, mar­ Miami. Richmond. riage, adoption, or living in the same Ft. Lauderdale-West Palm Beach. Waynesboro. household. Montgomery, Ala., District It is further ordered, That for a pe­ Scranton, Pa., District Processing Plants: riod of 10 years after the date of serv­ Atlanta—Milk. Processing Plants : ice of this order upon respondent, re­ Birmingham—Milk. Scranton—Milk. spondent and its successor in interest Montgomery—Milk. Sales Branches : shall cease and desist from acquiring, di­ Sylacauga—Ice cream. Scranton. rectly or indirectly, through subsidiaries Sales Branches: Wilkes-Barre. or otherwise, the whole or any part of Atlanta. Issued: March 5,1965. the stock, share capital or assets (other Birmingham. Columbus, Ga. By the Commission. than products sold in the course of busi­ Fayetteville. ness) of any concern, corporate, or non­ Montgomery. [SEAL] JOSEPH W . SHEA, corporate, engaged principally or as one Huntsville. Secretary. of its major commodity lines at the time Pensacola. of such acquisition in any State of the Sylacauga. [F.R. Doc. 65-6130; Filed, June 11, 19 United States in the business of manu­ Tuscumbia. 8:46 a.m .f Saturday, June 12, 1965 FEDERAL REGISTER 7657

[Docket C-890] It is ordered, That respondents Mar­ 3. Failing to set forth on invoices the go’s, Inc., a corporation, trading as item number or mark assigned to fur PART 13— PROHIBITED TRADE Margo’s-La Mode, and Margo’s-Down- products. PRACTICES town, and Margo’s-Preston, Inc., cor­ B. Falsely or deceptively advertising Margo’s, Inc., et al. porations, and Joseph Glickman and fur products through the use of any ad­ Hyman Glickman, individually and as vertisement, representation, public an­ Subpart—Advertising falsely or mis­ officers of said corporations, and re­ nouncement, or notice which is intended leadingly: § 13.10 Advertising falsely or spondents’ representatives, agents, and to aid, promote, or assist, directly or in­ misleadingly; § 13.30 Composition of employees, directly or through any cor­ directly, in the sale, or offering for sale goods: 13.30-30 Pur Products Labeling porate or other device, do forthwith cease of any fur product, and which: Act; 13.30-75 Textile Fiber Products and desist from introducing into com­ 1. Falsely or deceptively identifies any Identification Act. Subpart—Invoicing merce, or selling, advertising, or offering such fur product as to the name or desig­ products falsely: § 13.1108 Invoicing for sale in commerce, or transporting, or nation of the animal or animals that products falsely: 13.1108-45 Fur Products distributing in commerce, any fur prod­ produced the fur contained/in the fur Labeling Act. Subpart—Misbranding or uct; or selling, advertising, offering, for product. mislabeling: § 13.1185 Composition: sale, transporting, or distributing, any 2. Fails to set forth the term “Dyed 13.1185-30 Fur Products Labeling Act. fur product, which is made in whole or in Broadtail-processed Lamb” in the man­ Subpart—Neglecting, unfairly or decep­ part of fur which has been shipped and ner required where an election is made tively, to make material disclosure : received in commerce, as “commerce”, to use that term instead of the words § 13.1845 Composition: 13.1845-30 Fur “fur”, and “fur product” are defined in “Dyed Lamb”. Products Labeling Act; 13.1845-70 Tex­ the Fur Products Labeling Act unless 3. Fails to i set forth the term “nat­ tile Fiber Products Identification Act; each such product has securely affixed ural” as part of the information required § 13.1852 Formal regulatory and statu­ thereto or placed thereon a stamp, tag, to be disclosed in advertisements under tory requirements: 13.1852-35 Fur Prod­ label, or other means of identification: the Fur Products Labeling Act and the ucts Labeling Act; 13.1852-70 Textile (a) Correctly showing in words and rules and regulations promulgated there­ Fiber Products Identification Act; in figures all of the information required under to describe fur products which are § 13.1865 Manufacture or preparation: to be disclosed by each of the subsections not pointed, bleached, dyed, tip-dyed, or 13.1864-40 Fur Products Labeling Act; of section 4(2) of the Fur Products Label­ otherwise artificially colored. § 13.1900 Source or origin: 13.1900-40 ing Act. 4. Fails to disclose that fur products Fur Products Labeling Act: 13.1900-40 (b) Setting forth the term “natural” are composed in whole or in substantial (b) Place. as part of the information required to part of paws, tails, bellies, sides, flanks, be disclosed on labels under the Fur gills, ears, throats, heads, scrap pieces, or (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret or apply sec. 5, 38 Stat. 719, as amended; sec. Products Labeling Act, and the Rules waste fur. 8, 65 Stat. 179; 72 Stat. 1717; 15 U.S.C. 45, and Regulations promulgated thereun­ It is further ordered, That respondents 69f, 70) [Cease and desist order, Margo’s der to describe fur products which are Margo’s, Inc., a corporation, trading as Inc., trading as Margo’s-La Mode, Etc., et al., not pointed, bleached, dyed, tip-dyed, Margo’s-La Mode, and Margo’s-Down­ Dallas, Tex., Docket C-890, Mar. 25, 1965] or otherwise artificially colored. town, and Margo’s-Preston, Inc., corpo­ (c) Setting forth on labels the item rations, and Joseph Glickman and In the Matter of Margo’s Inc., a Cor­ number or mark assigned to fur products. Hyman Glickman, individually and as poration, trading as Margo’s-La Mode, It is further ordered, That respondents officers of said corporations, and re­ and Margo’s-Downtoum, and Margo’s- Margo’s, Inc., a corporation, trading as spondents’ representatives, agents and Preston, Inc., Corporations, and Joseph Margo’s-La Mode, and Margo’s-Down- employees, directly or through any cor­ Glickman and Hyman Glickman, in­ town, and Margo’s-Preston, Inc., corpo­ porate or other device, in connection dividually and as officers of said Cor­ rations, and Joseph Glickman and Hy­ with the introduction, delivery for intro­ poration man Glickman, individually and as duction, sale, advertising, or offering for Consent order requiring a retailer of officers of said corporations, and re­ sale, in commerce, or in the transporta­ fur products and textile fiber products, spondents’ representatives, agents and tion or causing to be transported in in Dallas, Tex., to cease mislabeling, employees, directly or through any cor­ commerce, or the importation into the falsely invoicing and deceptively adver­ porate or other device, in connection United States, of any textile fiber prod­ tising fur products, in alleged violation with the introduction into commerce, or uct; or in connection with the sale, of­ of the Fur Products Labeling Act, by the sale, advertising or offering for sale fering for sale, advertising, delivery, failing to disclose on attached labels, on in commerce, or the transportation, or transportation, or causing to be trans­ invoices, and in advertisements: the true distribution in commerce, of any fur ported, of any textile fiber product which animal name of the fur used in fur prod­ product; or in connection with the sale, has been advertised or offered for sale ucts; the term “natural” to describe furs advertising, offering for sale, transporta­ in commerce; or in connection with the which were not dyed or bleached, when tion, or distribution, of any fur product sale, offering for sale, advertising, de­ such fur products contained dyed, which is made in whole or in part of fur livery, transportation, or causing to be bleached, or waste fur, or were composed which has been shipped and received in transported, after shipment in com­ of paws, tails, or bellies'; the country of commerce, as “commerce”, “fur”, and merce, of any textile fiber product, origin of imported furs; the item num­ “fur product” are defined in the Fur whether in its original state or contained bers assigned to identify fur products; Products Labeling Act, do forthwith in other textile fiber products, as the iamng to use the term “Dyed Broadtail- cease and desist from: terms .“commerce” and “textile fiber proccssed Lamb” in the required manner A. Falsely iand deceptively invoicingproduct” are defined in the Textile Fiber labels, invoices, and in advertise- fur products by: Products Identification Act, do forthwith r'nrn i failing in other respects to 1. Failing to furnish invoices to pur­ cease and desist from falsely and decep­ comply With requirements of the Act; and chasers of fur products showing in words tively advertising textile fiber products rp_ o cease the alleged violation of the and figures plainly legible all the infor­ by: lextne Fiber Products Identification Act mation required to be disclosed by each 1. Making any representations, by dis­ k° set forth in written news- of the subsections of section 5(b) (1) of closure or by implication, as to the fiber advertisements of textile fiber the Fur Products Labeling Act. contents of any textile fiber product in nnri ^ fin d in g women’s wearing ap- 2. Failing to set forth the term “nat­ any written advertisement which is used orlvLÌ. tnie ge.neric name of the fibers ural” as part of the information required to aid, promote, or assist, directly, or in using “fiber trademarks’’ to be disclosed on invoices under the indirectly, in the sale or offering for sale an i *rtlSmg textile fiber products, in Fur Products Labeling Act and rules and of such textile fiber product, unless the an improper manner. regulations promulgated thereunder to same information required to be shown ine fnvtv!er cease and desist, includ- describe fur products which are not on the stamp, tag, label, or other means com n^er °rder re(luildng report oi pointed, bleached, dyed, tip-dyed, or oth­ of identification under sections 4(b) Cl) Pliance therewith, is as follows: erwise artificially colored. and (2) of the Textile Fiber Products No. 113------4 7658 RULES AND REGULATIONS Identification Act Is contained in the salary claims; and to cease misrepresent­ 15 U.S.C. 18) [Order of divestiture, Perma­ said advertisement, except that the per­ ing that they operate a placement serv­ nente Cement Company (Oakland, Calif.) et centages of the fibers present in the tex­ ice, or assist in any manner in obtaining al., Docket 7939, Mar. 23, 1965] tile fiber product need not be stated. employment for persons completing their In the Matter of Permanente Cement Co., 2. Using a fiber trademark in adver­ courses. a Corporation, and Glacier Sand & tisements without a full disclosure of the The order to cease and desist, includ­ Gravel Co., a Corporation required content information in at least ing further order requiring report of one instance in the said advertisement. compliance therewith, is as follows: Consent order,2 following remand of 3. Using a fiber trademark in adver­ It is ordered, That respondents Mis­ proceeding by the Court of Appeals, tising textile fiber products containing souri College of Automation, Inc., a cor­ Ninth Circuit, on March 18, 1965—! more than one fiber without such fiber poration, and its officers and directors, requiring the second largest cement pro­ trademark appearing in the required and Marion Shreve, individually and as ducer on the west coast, and its sub­ fiber content information in immediate an officer and director of said corpora­ sidiaries—to divest, absolutely and in proximity and conjunction with the tion, and respondents’ representatives, good faith, within 4 years, to purchasers generic name of the fiber in plainly agents and employees, directly or approved by the Commission, all the legible typé or lettering of equal size and through any corporate or other device, in assets, properties, rights and privileges, conspicuousness. connection with the advertising, offering tangible or intangible, of the Olympic 4. Using a fiber trademark in adver­ for sale, sale or distribution of courses of Portland Cement Co., Ltd., a principal tising textile fiber products containing study or instruction in commerce, as competitor in the manufacture and sale only one fiber without such fiber trade­ “commerce” is defined in the Federal of Portland cement, with offices in mark appearing at least once in the ad­ Trade Commission Act, do forthwith Seattle, Wash., acquired by acquisition vertisement, in immediate proximity and cease and desist from representing, di­ in 1958, the divestment prohibits any conjunction with the generic name of the rectly or by implication, that: change which might impair present pro­ fiber, in plainly legible and conspicuous (1) Employment is being offered when duction capacity ; type. the real purpose of such offer is to secure To divest, absolutely and in good faith, It is further ordered, That the re­ leads to persons interested in purchas­ within 2 years, to purchasers approved spondents herein shall, within sixty (60) ing respondents’ courses of study or in­ by the Commission, the ready-mixed days after service upon them of this struction; concrete and cement aggregates facili­ order, file with the Commission a report (2) Persons completing respondents’ ties, including all equipment, acquired in writing setting forth in detail the course in IBM key punch operation will in 1959 from Pacific Building Materials manner and form in which they have thereby have received the training and Co. and Readymix Concrete Co., located complied with this order. experience required to qualify them for at Albina (Portland) and Vancouver employment as experienced IBM key (Washington), the divestiture prohibits Issued: March 25, 1965. punch operators at salaries of $300 to any change of assets which might impair By the Commission. $500 per month; or otherwise misrepre­ present production capacity, and to senting in any manner the employment make available and affirmatively offer to [ seal] J oseph W . S hea, purchasers certain raw materials at Secretary. or salaries for which persons completing respondents’ courses will be qualified or prices, terms, and conditions as pre­ [F.R. Doc. 65-6131; Filed, June 11, 1965; the training and experience afforded by scribed by this order; 8:46 a.m.] respondents’ courses; To cease and desist from acquiring (3) Respondents operate a placement any part of any corporation engaged in service to assist persons completing their the manufacture or sale of ready-mixed [Docket C—884] courses in obtaining employment or that concrete in the States of Oregon and PART 13— PROHIBITED TRADE respondents will actively attempt to ob­ Washington for the next 2 years, or until the Commission institutes a trade PRACTICES tain employment for such persons; or misrepresenting in any other manner regulation rule proceeding concerning Missouri College of Automation, Inc., the assistance furnished by respondents acquisitions in the cement industry, and to comply with other obligations of this and Marion Shreve in obtaining employment for persons completing respondents’ courses of study order as set forth below. Subpart—Advertising falsely or mis­ or instruction. The order of divestiture, including leadingly: § 13.10 Advertising falsely or It is further ordered, That the respond­ further order requiring reports of com­ misleadingly; § 13.15 Business status, ad­ ents herein shall, within sixty (60) days pliance therewith, is as follows: vantages, or connections: 13.15-250 after service upon them of this order, Co unt I Qualification and abilities: § 13.60 file with the Commission a report in writ­ Earnings and profits; § 13.115 Jobs and ing setting forth in detail the manner It is ordered, That respondent Perma­ employment service; § 13.143 Opportuni­ and form in which they have complied nente Cement Co., a corporation, and its ties. Subpart—Offering unfair, im­ with this order. officers, directors, agents, representa­ proper and deceptive inducements to tives, employees, subsidiaries, affiliates, purchase and deal: § 13.1935 Earnings Issued: March 3,1965. successors, and assigns, within four (4) and profits; § 13.2015 Opportunities in By the Commission. years from the date of service of this product or service. order, shall divest, absolutely and in [ seal] J oseph W . S hea, (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret good faith, all stock, assets, properties, or apply sec. 5, 38 Stat. 719, as amended; Secretary. rights, and privileges, tangible or intan­ 15 U.S.C. 45) [Cease and desist order, Mis­ [F.R. DOc. 65-6132; Filed, June 11, 1965; gible, including but not limited to all souri College of Automation, Inc. et al., St. 8:47 ajn.] properties, plants, machinery, equip­ Louis, Mo., Docket C-884, Mar. 3, 1965] ment, raw material reserves, trade In the Matter of Missouri College of [Docket 7939] names, contract rights, trademarks, and Automation, Inc., a Corporation, and good will acquired by Permanente Ce­ Marion Shreve, individually and as an PART 13— PROHIBITED TRADE ment Co. as a result of the acquisition officer and director of said Corporation PRACTICES by Permanente Cement Co. of the stock and assets of the Olympic Portland Ce­ Consent order requiring St. Louis, Permanente Cement Co.1 and Glacier ment Co., Ltd., together with all plants» Mo., sellers of correspondence and resi­ Sand & Gravel Co. machinery, buildings, land, raw material dent training courses, intended to pre­ reserves, improvements, equipment an pare students for employment as IBM Subpart—Acquiring corporate stock or other property of whatever descnptio key punch operators, to cease repre­ assets: § 13.5 Acquiring corporate stock or assets. senting falsely in “Help Wanted” 2This order supersedes the Commissions columns of newspapers and through (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interprets Order of Apr. 24, 1964 ( 29 F.R. 6950) * MC. salesmen offers of employment to secure or applies sec. 7; 38 Stat. 731, as amended; required respondent to divest itsel.thln leads to prospective purchasers of their Olympic Portland Cement Co., Ltd., W courses; to cease making exaggerated 1Now Kaiser Cement & Gypsum Corp. 1 year. Saturday, June 12, 1965 FEDERAL REGISTER 7659 that has been added to or placed on the legal entities as well as natural persons. and sale of ready-mixed concrete and premises of the former Olympic Port­ It is further ordered, That respondent aggregates). The land upon which the land Cement Co., Ltd., so as to restore Permanente shall carry out its obliga­ Albina facility is located shall be sub­ the Olympic'Portland Cement Co., Ltd., tions to sell and divest as provided in this leased to the purchaser thereof on terms as a going concern and effective com­ order as to Count I as follows: (a) Dur­ no less favorable than those contained petitor in the manufacture and sale of ing the second half of the third year of in the lease between respondent Glacier cement. the period herein provided for, said re­ and the Union Pacific Railroad, the owner It is further ordered, That pending spondent shall prepare the required pro­ of said property. The Vancouver Ware­ divestiture, Permanente Cement Co. gram for actively soliciting bids on the house Building (formerly used for the shall not make any changes in any of the properties and assets to be divested and sale of building materials), and the land plants, machinery, buildings, equip­ shall submit a written report to the Com­ upon which it is situated, need not be ment, or other property of whatever de­ mission every sixty (60) days in said half divested, unless the purchaser desires to scription, of the former Olympic Port­ year of the steps so taken by it; (b) acquire said warehouse building and land Cement Co., Ltd., which might im­ during the fourth year of said period land, and offers to pay the fair market pair its present capacity for the produc­ said respondent shall actively solicit and value thereof. Respondents shall, in any tion, sale, and distribution of cement, or make a bona fide effort to sell the proper­ event, lease that portion of said building its market value, unless such capacity or ties and assets to be divested, any such presently used as an office for said Van­ value is fully restored prior to divestiture. sale to be effective at the end of said couver facility to the purchaser of the It is further ordered, That by such fourth year, and shall make a written Vancouver facility. divestiture, none of the stock, assets, report of such activities to the Commis­ It is further ordered, That respondents properties, rights, or privileges herein­ sion every ninety (90) days during said shall begin to make good faith efforts above described in this order as to Count year; (c) in the event that at any time to divest the aforesaid facilities promptly I shall be sold or transferred, directly or during said four year period said re­ after the date of service of this order indirectly, to (a) any person who is at spondent shall receive a written offer to and shall continue such efforts to the the time of the divestiture an officer, purchase said properties and assets, it end that the divestiture thereof shall be director, employee, or agent of, or under shall submit a copy thereof to the Com­ effected within the aforesaid period of the control or direction of, Permanente mission within sixty (60) days after re­ two (2) years. If divestiture of either Cement Co. or any of the subsidiaries ceipt, and if any such offer appears to or both of said facilities shall not have or affiliated corporations of Permanente said respondent or to the Commission to been accomplished within the specified Cement Co., or owns or controls, directly be bona fide said respondent shall use two (2) year period, or any extension or indirectly, more than one (1) percent its best efforts to keep said offer open thereof, the Commission will give re­ of the outstanding shares of common until the fourth year of said period; and spondents notice and an opportunity to stock of Permanente Cement Co., (b) (d) in negotiating for the sale and di­ be heard before the Commission issues any company producing cement in west­ vestment ordered hereby, said respond­ any further order or orders which the ern Washington, as that term is defined ent shall have the right to negotiate with Commission may deem appropriate. If in the complaint, as amended, or (c) any prospective purchaser for, and to respondents are unable to divest either to any purchaser who is not approved in attempt to contract for, the purchase by or both of said facilities, as an entity, advance by the Federal Trade Commis­ said respondent of not in excess of fifty but have received a bona fide offer to sion. (50) percent of the cement produced at purchase the ready-mixed concrete plant It is further ordered, That if Perma­ the Bellingham plant in the three (3) at either or both of said locations, they nente Cement Co. divests the assets, year period following the effective date may apply to the Commission for per­ properties, rights and privileges herein­ of such sale and divestment. mission to divest said ready-mixed con­ above described in this order as to Count C ount n crete plant or plants without divesting I to a new corporation, the stock of which the aggregate facility at the same loca­ is wholly owned by Permanente Cement It is ordered, That respondents and tion. Co., and if Permanente Cement Co. then their subsidiaries, affiliates, officer, di­ It is further ordered, That, in said di­ distributes ail of the stock in said corpo­ rectors, agents, representatives, em­ vestiture, respondents shall not sell or ration to the stockholders of Permanente ployees, successors and assigns, shall, transfer, directly or indirectly, any of Cement Co. in proportion to their hold­ within two (2) years from the date of the aforesaid assets (a) to any corpora­ ings of Permanente Cement Co. stock, service of this order, divest, absolutely tion, or to anyone who is at the time of the preceding paragraph of this and in good faith, and to a purchaser or divestiture an officer, director, employee, order shall be inapplicable, and the fol­ purchasers approved by the Federal or agent of a corporation, engaged in the lowing provisions of this paragraph shall Trade Commission, the ready-mixed con­ production and sale of Portland cement, take force and effect in its stead. No crete and aggregates facilities acquired or the principal business of which is the Person who is an officer, director, or ex­ by respondent Glacier from Pacific distribution of Portland cement, (b) to ecutive employee of Permanente Cement Building Materials Co. and Readymix any corporation or person controlled by j°::or who owns or controls, directly or Concrete Co. which are located at Al­ one of the foregoing corporations or per­ indirectly, more than one (1) percent of bina (Portland)1 and Vancouver (Wash­ sons, (c) to any person who is an officer, shîti u k of Permanente Cement Co., ington),2 including, without limitation, director, employee, or agent of, or under pmi ”e an °®cer> director or executive all machinery or equipment which is the control or direction of, Permanente RJ°?ee any new corporation de­ presently being used 'at either of said Cement Co. or any of its subsidiaries or scribed- in this paragraph, or shall own locations in the manufacture and sale of affiliates, or who owns or controls, di­ t *0»tr°l, directly or indirectly, more ready-mixed concrete and aggregates rectly, or indirectly, more than one (1) tnan one (l) percent of the stock of any (including twelve (12) ready-mixed con­ percent of the outstanding shares of ?ranÎ0rp»ora^ on described in this para- crete mixer trucks at each of said facili­ common stock of Permanente Cement r r ' Any Person who must sell or dis­ ties and such additional other types of Co., or (d) to Ross Island Sand & Gravel own,^ « stocic interest in Permanente vehicles as may be necessary to estab­ Co. or to any officer, director, employee, Co* °T new corporation de- lish such purchaser or purchasers as agent, or stockholder of said company. prwMTvi lr^ this Paragraph in order to effective competitors in the manufacture It is further ordered, That, pending ww*?Ìy0^ L this Paragraph may do so divestiture, respondents shall not make whÎh u “?onths after the date on 1The “Albina facility” to be divested is any changes in any of the assets to be di­ snirisni-,j l„„„„ dlstnb.uti°n —, of the siwis. stock ui of wie the shown by CX 151 B, page 2467 of the record vested which shall impair their present of pPrmo°rati0n is made t0 stockholders (vol. 1-2, 7939-1) entitled in the lower right capacity for the manufacture, sale, and Permanente Cement Co. hand corner: Pacific Building Materials Co., distribution of ready-mixed concrete or this lLk Z ther. ordered> That, as used in Portland, Oreg., Albina Plant, Mar. 1, 1959. aggregates, or their market value. 2 The “Vancouver facility” to be divested son” shnu &-S Count I, the word “per- is shown by CX 151 A, page 2465 of the record It is further ordered, That, for a period iimned?a£ f lncl» de a11 members of th e (vol. 1-2, 7939-1) entitled in the lower right of three (3) years from the date of such m a«? of individual speci- hand corner: Pacific Building Materials Co., sale and divestiture respondent Glacier PartnershimhaU delude corporations, Portland, Oreg., Vancouver Plant (Vancou­ shall, in each calendar year, make avail­ erships, associations and other ver, W ash.), Mar. 1, 1959. able and affirmatively offer: (a) To the 7660 RULES AND REGULATIONS purchaser of the Vancouver facility, in Commission of a trade regulation rule or savings, and quality claims in advertis­ the event said facility is sold and divested report concerning mergers or acquisi­ ing its merchandise by : Using the word as a separate and distinct unit in good tions in the cement industry, if such “Reg.”, or similar words, in comparative faith and at prices, terms, and condi­ event occurs prior to the expiration of pricing claims, to refer to prices which tions, then currently offered by respond­ such two-year period, respondents shall were higher than its regular selling price ent, Glacier, to competing purchasers in cease and desist from acquiring, directly, of such merchandise, thereby misrepre­ the Vancouver area, a quantity of proc­ or indirectly, through subsidiaries or senting the prices at which respondent essed mineral aggregates, for the use of otherwise, any part of the share capital usually sold such merchandise and the such purchaser in the manufacture of or assets of any corporation engaged in savings available to purchasers; using ready-mixed concrete at said facility, the manufacture or sale of ready-mixed the words “manufacturer’s list price”, or equivalent to the quantity consumed by concrete in the States of Oregon and similar words, to refer to retail prices such facility in the manufacture of Washington. which were appreciably higher than pre­ ready-mixed concrete in the calendar It is further ordered, That respondents vailing retail prices of such merchandise year 1964; and the foregoing shall apply shall, within sixty (60) days after the in respondents’ trade area, thereby mis, with like force and effect to the Albina date of service of this order, and every representing the prevailing trade area facility (substituting the phrase “the sixty (60) days thereafter until respond­ retail prices of such merchandise; and Portland area” for “the Vancouver ents have fully complied with the pro­ -falsely representing that its drill bits area”) should respondent receive per­ visions of this order as to Count n, sub­ were precision ground and of high speed mission from the Commission to divest mit in writing to the Federal Trade Com­ quality. only the ready-mixed concrete plant at mission a report setting forth in detail Hie order to cease and desist, includ­ the Albina facility; and (b) to the pur­ the manner and form in which respond­ ing further order requiring report of chaser of the Albina facility, in good ents intend to comply, are complying or compliance therewith, is as follows: faith and at a reasonable price, a quan­ have complied with this order. All com­ It is ordered, That respondents John tity of unprocessed mineral aggregates pliance reports shall include, among Surrey, Ltd., a corporation, and its of­ for the use of such purchaser in the other things that are from time to time ficers, and Joseph Ross, individually and manufacture of ready-mixed concrete at required, a summary of all contacts and as an officer of said corporation, and said facility, equivalent to the quantity negotiations with potential purchasers of respondents’ agents, representatives, and consumed by such facility (and, if the the specified facilities, the identity of all employees, directly or through any cor­ same purchaser acquires the Vancouver such potential purchasers, and copies of porate or other device, in connection with facility, at such facility also) in the man­ all written communications to and from the offering for sale, sale or distribution ufacture of ready-mixed concrete in the such potential purchasers. of drill bits, typewriters, pens, electric can openers, electra maids, or other calendar year 1964. Issued: March 23, 1965. It is further ordered, That respondent products in commerce, as “commerce” Permanente shall not supply in any By the Commission. is defined in the Federal Trade Commis­ sion Act, do forthwith cease and desist calendar year to the purchaser or pur­ [seal] J oseph W. Shea, chasers of the aforesaid facilities, for Secretary. from: consumption in the manufacture of 1. Using the word “Reg.”, or words of [P.R. Doc. 65-6133; Filed, June 11, 1965; similar import, to refer to any amount ready-mixed concrete, more than thirty- 8:47 a.m.] five percent (35%) of the Portland ce­ which is in excess of the price at which ment consumed, in the aggregate, by both such merchandise has been sold or of the divested ready-mixed concrete [Docket 8605 o.} offered for sale in good faith by the plants; provided, however, that: respondents in the recent regular course (i) The foregoing limitations shall not pa rt 13— PROHIBITED TRADE of their business, or otherwise misrep­ apply to sales of Portland cement to ei­ PRACTICES resenting the price at which such mer­ chandise has been sold or offered for ther of the divested facilities following John Surrey, Ltd., and Joseph Ross the expiration of 3 years from the date sale by respondents ; of divestiture of each such facility; and Subpart—Advertising falsely or mis­ 2. Using the words “manufacturer’s (ii) Sales of Portland cement to either leadingly: § 13.10 Advertising falsely or list price”, “suggested list price”, “value”, of the divested facilities as a result of misleadingly; § 13.155 Prices: 13.155-15 or words of similar import, to refer to the specification by a customer of said Comparative, 13.155.35 Discount savings, the price at which any product is gener­ plant, in an oral or written agreement 13.155-40 Exaggerated as regular and ally sold by others, when such amount with the operator of said plant, requir­ customary, 13.155-60 List or catalog as appreciably exceeds the highest price at ing the purchase of respondent Pèr- regular selling, 13.155-80 Retail as cost, which substantial sales of the product manente’s cement shall not be taken wholesale, discounted, etc., 13.155-100 are being made by principal retail out­ into consideration in computing the Usual as reduced, special, etc.; § 13.170 lets in representative communities amount of cement supplied or consumed Qualities or properties of product or throughout respondents’ trade area at in accordance with this paragraph. service; § 13.285 Value. Subpart—Mis­ the time such representation is made; It is further ordered That, for a period representing oneself and goods—Goods: 3. Misrepresenting, in any manner, of eighteen (18) months from the date § 13.1710 Qualities or properties; § 13.- the savings available to purchasers ox of the last divestiture made hereinunder, 1775 Value. Subpart—Misrepresenting respondents’merchandise; , respondents shall not sell or distribute oneself and goods—Prices: § 13.1785 4. Representing, directly or by impli­ ready-mixed concrete in the Portland, Comparative; § 13.1805 Exaggerated as cation, that their drill bits are super Oregon-Vancouver, Washington area regular and customary; § 13.1820 Retail speed or high-speed drill bits unless they except from its Curry Street facility; as cost, etc., or discounted; § 13.1825 are composed of the materials and hav provided, that the above limitation shall Usual as reduced or to be increased. the physical properties and performance not apply to ready-mixed concrete pro­ characteristics generally re q u ire d to duced by any temporary plant estab­ (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret and possessed by high-speed drill mis. or apply sec. 5, 38 Stat. 719, as amended; 15 It is further ordered, T hat responden lished for the purpose of supplying con­ U.S.C. 45) [Cease and desist order, John shall, within sixty (60) days after serva crete to a single project which requires Surrey, Ltd., et al., New York, N.Y., Docket from respondent Glacier at least 15,000 8605, Mar. 16, 1965] upon them of this order, file wlth,L cubic yards of concrete. For the pur­ Commission a report in writing sett pose of the foregoing proviso a single In the Matter of John Surrey, Ltd., a forth in detail the manner and form• “ project shall include, without limitation, Corporation, and Joseph Ross, Indi­ which they have complied with projects such as a shopping center, hous­ vidually and as Officer of Said Cor­ order to cease and desist. ing development, apartment house, poration Issued: March 16, 1965. school, factory, bridge, or a highway Order requiring a direct mail order By the Commission. section. catalog distributor of New York City en­ It is further ordered, That, for a period gaged in selling articles of general mer­ [seal] J o se p h 15 «SS» of two (2) years from the date of service chandise—such as pens, radios, type­ of this order, or until the issuance or writers, tools, and drill bits—to cease fF.R. Doe. 65-6134: Filed, June U. 196 ' announcement by the Federal Trade making false and deceptive pricing, Saturday, June 12, 1965 FEDERAL REGISTER 7661

[Docket C-888] products, or obstructing in any way with attempting to induce in any way any the business of its competitors by induc­ manufacturer or supplier to refrain from PART 13— pr o h ib ited tr a d e ing suppliers of such products to refrain taking orders from or selling to any PRACTICES from taking orders or selling to its com­ competitors of respondents; or petitors; or entering into agreements or 2. Entering into, continuing, cooperat­ Universal Business Forms Co. and carrying out any planned common course ing in, or carrying out any planned com­ Verl G. Elya of action, whereby suppliers would re­ mon course of action or course of deal­ Subpart—Coercing and intimidating: fuse to accept orders or sell said products ing or understanding, agreement, com­ to competitors of respondent. bination, and conspiracy between them­ § 13.375 Suppliers of competitors. Sub­ selves and one or more corporations not p a r t — Combining or conspiring: § 13.397 The order to cease and desist, includ­ To cut off competitor’s supplies. Sub- ing further order requiring report of made respondents herein or between part—Cutting off supplies or service: compliance therewith, is as follows: themselves and others not parties hereto, § 13.617 Inducing suppliers to refuse to It is ordered, That respondent Uni­ to do or perform the act and practice of sell to competitors. Subpart—Interfer­ versal Business Forms Co., a corporation, agreeing that any manufacturer or sup­ ing with competitors or their goods— and its officers, and respondent Verl G. plier will refrain from taking orders from Competitors: § 13.1085 Harassing. Elya, individually and as an officer of or selling to any competitors of said corporation, and said respondents’ respondents. (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret It is further ordered, That the re­ or apply sec. 5, 38 Stat. 719, as amended; 15 agents, representatives, employees, di­ U.S.C. 45) [Cease and desist order, Uni­ rectly, or through any corporate or other spondents herein shall, within sixty (60) versal Business Forms Co. et al., Chicago, device, in or in connection with the of­ days after service upon them of this or­ 111., Docket C-888, Mar. 11,1965] fering for sale, sale or distribution of der, file with the Commission a report in business forms products in commerce, as writing setting forth in detail the man­ In the Matter of Universal Business “commerce” is defined in the Federal ner and form in which they have com­ Forms Co., a Corporation, and Verl G. Trade Commission Act, do forthwith plied with this order. Elya, Individually and as an Officer of cease and desist from: said Corporation Harassing, interfering with, threaten­ Issued: March 11, 1965. Consent order, in alleged violation of ing, or obstructing in any way, the busi­ By the Commission. the Federal Trade Commission Act, re­ ness of any competitor by : [ seal] J oseph W. S hea, quiring a distributor of business forms 1. Initiating, continuing, maintaining, Secretary. products located in Chicago, 111., to cease or effectuating a policy of requesting, so­ foreclosing its competitors from access to liciting, coercing, threatening, persuad­ [F.R. Doc. 65-6135; Filed, June 11, 1965; sources of supply for business forms ing, suggesting, demanding, inducing, or 8:47 a.m.] censee has knowledge is entitled thereto, (d) Any market agency or licensee DEPARTMENT OF AGRICULTURE and to obtain therefrom the sums due who has established and m aintains a the market agency or licensee as com­ separate bank account in accordance Consumer and Marketing Service pensation for its services and for such with paragraphs (a) and (c) of this sec­ [ 9 CFR Part 201 1 sums as are necessary to pay all legal tion may convert a reasonable portion of charges against the consignment of live­ the custodial funds constituting the PACKERS AND STOCKYARDS stock or live poultry which the market “float” to certificates of deposit issued agency or licensee may, in its capacity as by the bank in which such funds are Custodial Funds; Notice of Proposed agent, be required to pay for and on be­ deposited. Any such certificates of Rule Making half of the consignor or shipper.” deposit shall be made payable to the Many market agencies and licensees, market agency or licensee in its fiduciary Notice is hereby given that, pur­ because proceeds checks issued to con­ capacity as trustee of the custodial funds. suant to § 407(a) of the Packers and signors are not promptly negotiated and Any person who wishes to submit writ­ Stockyards Act (7 U.S.C. 228(a)), the presented for payment, maintain size­ ten data, views, or arguments concerning Consumer and Marketing Service pro­ able “floats” in their custodial accounts. the proposed amendments may do so by poses to amend §§ 201.40 and 201.42 In some cases the amount of the “float” filing them in duplicate with the Hearing (9 CFR 201.40, 201.42) of the regulations remains at more than $1,000,000. It is. Clerk, U.S. Department of Agriculture, under the Packers and Stockyards Act, proposed that §§ 201.40 and 201.42 of the Washington, D.C., on or before July 17, 1921, as amended (7 U.S.C. 181 et seq.), regulations be amended to permit market 1965. to permit market agencies and licensees agencies and licensees to convert a rea­ All written submissions made pursuant to convert a portion of the funds in their sonable portion of the idle funds con­ to this notice will be made available for custodial accounts to certificates of de­ stituting the “float” to interest bearing public inspection at such times and posit, and to require that custodial ac­ certificates of deposit. Certificates of places and in a manner convenient to counts be maintained in banks whose deposit could be converted to cash when the public business (7 CFR 1.27(b)). deposits are insured by the Federal needed to honor proceeds checks pre­ Deposit Insurance Corporation. sented for payment by consignors, and, Done at Washington, D.C., this 8th day Statement of considerations. (A) when issued by banks whose deposits are of June 1965. Since July 1, 1963, each market agency insured by the Federal Deposit Insur­ Clarence H. G irard, and licensee engaged in selling livestock ance Corporation, are covered by such Deputy Administrator, or live poultry on a commission or agency insurance protection, as in the case of Consumer and Marketing Service. basis has been required to establish and funds in the custodial account. The maintain a separate bank account for proposed amendment would require that fF.R. Doc. 65-6090; Filed, June 11, 1965; the handling of the proceeds received certificates of deposit be obtained only 8:45 a.m.] ' from the sale of consigned livestock or from the same bank handling the de­ live poultry (9 CFR 201.42). When such posits of custodial funds, and be made accounts are maintained in banks whose payable to a market agency or licensee ATOMIC ENERGY COMMISSION deposits are insured by the Federal De­ in its fiduciary capacity as trustee of posit Insurance Corporation, the interest the custodial funds. [ 10 CFR Part 1501 of each consignor whose funds are de­ It is proposed that § 201.40 of the reg­ COMPUTATION OF QUANTITIES OF posited in the account is insured up to ulations under the Packers and Stock- the maximum $10,000. This important yards Act be amended to read as follows : SPECIAL NUCLEAR MATERIAL IN insurance protection has prevented seri­ AGREEMENT STATES FOR PUR­ ous losses to many producers. § 201.40 Market agencies or licensees POSES OF EXEMPTION At present, 2,629 market agencies en­ not to use shippers* proceeds or funds received for purchases on com­ Notice of Proposed Rule Making gaged in selling consigned livestock mission for own purposes through maintain custodial accounts in insured “bank float** or otherwise. Subsection 274b of the Atomic Energy banks. There are a few market agencies Act of 1954, as amended, authorizes the that do not maintain custodial accounts No market agency or licensee engaged Commission to enter into agreements in banks insured by the Federal Deposit in selling or buying livestock or live poul­ with .individual States for the discon­ Insurance Corporation. The Depart­ try on a commission or agency basis shall tinuance of Commission regulatory au­ ment would like the views of the livestock use shippers’ proceeds or funds received thority Under the Act, with respect to industry as to whether market agencies for the purchase of livestock or live certain atomic energy materials. Among should be required to maintain their cus­ poultry on order for purposes of its own those materials are special nuclear ma­ todial accounts in insured banks, and, if either through recourse to the so-called terials in quantities not sufficient to form so, when those few market agencies who “float” in the bank account in which the a critical mass. do not maintain accounts in insured proceeds or funds are deposited or in any The Commission has, thus far, entered banks should be required to transfer other manner, except as provided in into agreements with nine States1 pur- their uninsured accounts to an insured § 201.42. suant to subsection 274b. It has also bank. It is proposed that § 201.42 of the reg­ promulgated a regulation, 10 CFR Part (B) Section 201.40 of the regulationsulations under the Packers and Stock- 150, to carry out such agreements. precludes market agencies and licensees yards Act be amended by adding new Section 150.10 of Part 150 exempts per­ from using shippers’ proceeds or buyers’ paragraphs (c) and (d) reading as sons in agreement States who manufac­ funds for purposes of their own “either follows: ture, produce, receive, possess, use, or through recourse to the so-called ‘float’ transfer special nuclear material i in the bank account in which the pro­ § 201.42 Custodial accounts. quantities not sufficient to form a critica ceeds or funds are deposited or in any * * * * * mass from the requirements for a hcens other manner.” And § 201.42 of the reg­ contained in the Act and from the com­ ulations precludes a market agency or (c) The separate bank accounts re­mission’s licensing regulations. Par - licensee from drawing on a custodial ac­ ferred to in paragraphs (a) and (b) of graph (a) of § 150.11 sets out the quanu- count for any purpose other than the this section shall be established and t.iAR o f snpp.ifl.1 m iclp a r m aterials wn “payment of the net proceeds to the con­ maintained In banks whose deposits are signor or shipper, or such other person or insured by the Federal Deposit Insurance 1 Referred to hereinafter as “agreement persons who such market agency or li- Corporation. States.” 7662 Saturday, June 12, 1965 FEDERAL REGISTER 7663 jtvG deemed to be not sufficient to form Having completed a comprehensive re­ a critical mass. Paragraph (b) of that FEDERAL AVIATION AGENCY view of the terminal airspace structure requirements in the Sarasota, Fla., termi­ section provides, in effect, that in deter­ [ 14 CFR Part 37 1 mining whether the exemption applies, nal area, including studies attendant to the total quantity of special nuclear ma-^ [Docket No. 1943; Ref. Notices Nos. 63-36, the implementation of provisions of CAR terial which a person is authorized to 63-36A] Amendments 60-21/60-29 (26 F.R. 570, receive, possess or use anywhere in a AIRBORNE VOR RECEIVING 27 F.R. 4012), the Federal Aviation particular agreement State at any one Agency proposes the airspace actions time shall be included in the quantity EQUIPMENT hereinafter set forth. computed under paragraph (a). Withdrawal of Notices of Proposed The Sarasota, Fla., control zone would The Commission is now considering Rule Making be redesignated within a Simile radius amending § 150.11(b) to provide that in of the Sarasota-Bradenton Airport (lati­ determining whether the exemption of The purpose of this action is to with­ tude 27°23'47" N., longitude 82°33'15" § 150.10 applies at any particular plant or draw Notice No. 63—36 (28 P.R. 9957) and W .); within 2 miles each side of the other authorized location of use, only the Notice No. 63-36A (28 P.R. 13549) . Sarasota VOR 299° radial extending from material which the person is authorized In Notice No. 63-36, the Agency pro­ the 5-mile radius zone to 7 miles NW of to receive, possess, or use at that plant or posed to revise the Technical Standard the VOR, from 0600 to 2200 hours, local location at any one time need be included -Order contained in § 514.38 of the Reg­ time, daily. in the computation, Even though the ulations of the Administrator (now A Sarasota, Fla., transition area would total quantity of special nuclear mate­ § 37.138 of the Federal Aviation Regu­ be designated as that airspace extending rial which a person is authorized to lations) covering airborne VOR receiving upward from 700 feet above the surface possess or use within an agreement State equipment. Notice No. 63-36A simply ex­ within a 5-mile radius of Sarasota- may be sufficient to form a critical mass, tended the comment period on Notice No. Bradenton Airport (latitude 27°23'47" no problems of accidental criticality are 63-36 an additional month. N„ longitude 82°33'15" W .); within 2 presented so long as the quantity of ma­ After a review of the comments made miles each side of the Sarasota, Fla., VOR terial possessed and used at any separate in response to Notices Nos. 63-36 and 63- 299° radial extending from the 5-mile location at any one time is insufficient 36A, the Agency believes that certain pro­ radius area to 8 miles NW. of the VOR. to form a critical mass. visions of the VOR Technical Standard The alteration to the control zone is Pursuant to the Atomic Energy Act of Order, not specifically spoken to in the proposed so as to make the control zone 1954, as amended, and the Administra- notice, warrant further study to deter­ extension northwest of the 5-mile radius tiveProcedure Act of 1946, notice is here­ mine the need for further revisions. In zone correspond to the final approach by given that adoption of ^he following view of this, the Agency considers it ap­ radial for the VOR approach procedure amendment to 10 CFR Part 150 is con­ propriate to withdraw these notices for to the Sarasota-Bradenton Airport. the present. The proposed transition area would pro­ templated. All interested persons who Withdrawal of these notices of pro­ vide controlled airspace for this same desire to submit written comments or posed rule making constitutes only that, approach procedure and is also needed suggestions for consideration in con­ and does not preclude the Agency from in lieu of a control zone during the hours nection with the proposed amendment issuing another notice on the same sub­ that the control zone is not in effect. should send them to the Secretary, U.S. ject in the future, nor does it commit the Interested persons may submit such Atomic Energy Commission, Washing­ Agency to any particular course of the written data, views or arguments as they ton, D.C., 20545, within 30 days after action in the future. may desire. Communications should be initial publication of this notice in In consideration of the foregoing, No­ submitted in duplicate to the Director, the Federal R egister. Comments re­ tice No. 63-36 (28 F.R. 9957) and Notice Southern Region, Attn: Chief, Air Traffic ceived after that period will be considered No. 63-36A (28 F.R. 13549) are hereby Division, Federal Aviation Agency, Post withdrawn. Office Box 20636, Atlanta, Ga., 30320. if it is practicable to do so, but assurance All communications received within 30 of consideration cannot be given except Issued in Washington, D.C„ on June 8, days after publication of this notice in as to comments filed within the period 1965. the F ederal R egister will be considered specified. G. S. M oore, before action is taken on the proposed Paragraph (b) of § 150.11 is amended Director, amendment. No hearing is contem­ to read as follows: Flight Standards Service. plated at this time, but arrangements for informal conferences with Federal §150.11 Critical mass. [F.R. Doc. 65-6112; Filed, June 11, 1965; 8:45 a.m.] Aviation Agency officials may be made * * * * * by contacting the Chief, Air Traffic Divi­ (b) To determine whether the exemp­ sion. Any data, views, or arguments tion granted in § 150.10 applies to the [ 14 CFR Part 71 1 presented during such conferences must receipt, possession or use of special nu­ also be submitted in writing in accord­ [Airspace Docket No. 65-SO-37] ance with this notice in order to become clear material at any particular plant or part of the record for consideration. other authorized location of use, a per­ CONTROL ZONE AND TRANSITION The proposal contained in this notice son shall include in the quantity com­ AREA may be changed in the light of comments puted according to paragraph (a) of this received. section the total quantity of special nu­ Proposed Alteration and Designation The official Docket will be available clear material which he is authorized to The Federal Aviation Agency is con­ for examination by interested persons at receive, possess or use at the plant or sidering amendments to Part 71 of the the Southern Regional Office, Federal other location of use at any one time. Federal Aviation Regulations which Aviation Agency, Room 724, 3400 Whipple Street, East Point, Ga. TT^' o61, 274, 68 Stat- 948, 73 Stat. 688; 42 would alter the control zone and desig­ US.C. 2201,2021) nate a transition area at Sarasota, Fla. This amendment is proposed under The Sarasota, Fla., control zone is pres­ section 307(a) of the Federal Aviation Dated at Washington, D.C., this 1st day ently designated within a 5-mile radius Act of 1958 (49 U.S.C. 1348(a) ). of June 1965. of the Sarasota-Bradenton Airport (lati­ Issued in East Point, Ga., on June 2, tude 27°23'47" N., longitude 82°33'15" 1965. For the Atomic Energy Commission. W.), and within 2 miles either side of the Sarasota-Bradenton VOR 305° radial P aul H. B oatman, W. B. McCool, Acting Director, Secretary. extending from the 5-mile radius zone to 8 miles NW of the VOR. The control Southern Region. lPR- Doc- 65-5876; Filed, June 4, 1965; zone is effective from 0600 to 2200 hours [F.R. Doc. 65-6113; Filed, June 1% 1965; 8:47 a.m.] e.s.t. daily. 8:45 a.m.] 7664 PROPOSED RULE MAKING

[ 14 CFR Part 71 1 such written data, views, or arguments The proposals contained in this notice as they may desire. Communications may be changed in the light of comments {Airspace Docket No. 65-SO-33] should identify the airspace docket num­ received.. . FEDERAL AIRWAYS ber and be submitted in triplicate to" the An official docket will be available for Director, Southern Region, Attn: Chief, examination by interested persons at the Proposed Revocation Air Traffic Division, Federal Aviation federal Aviation Agency, Office of the The Federal Aviation Agency is con­ Agency, Po6t Office Box 20636, Atlanta; General Counsel, Attention: Rules Dock­ sidering amendments to Part 71 of the Ga., 30320. All communications received et, 800 Independence Avenue SW., Federal Aviation Regulations that would within 45 days after publication of this Washington,'D.C., 20553. An informal revoke VOR Federal airway No. 5 west notice in the F ederal R egister will be docket also will be available for examin­ alternate and VOR Federal airway No. 51 considered before action is taken on the ation at the office of the Regional Air west alternate - from Jacksonville, Fla. proposed amendments. The proposals Traffic Division Chief. to Alma, Ga. contained in this notice may be changed On or about October 14,1965, the Fed­ Interested persons may participate in in the light of comments received. eral Aviation Agency will install a VOR­ the proposed rule making by submitting An official docket will be available for TAC in the vicinity of Industry, Tex., at such written data, views, or arguments as examination by interested persons at the approximately latitude 29°57'21" N., they may desire. Communications Federal Aviation Agency, Office of the longitude 96° 33'43" W. In order to in­ should identify the airspace docket num­ General Counsel, Attention: Rules Dock­ clude the Industry VORTAC in the air­ ber and be submitted in triplicate to the et, 800 Independence Avenue SW., way structure, the airspace actions here­ Director, Southern Region, Attn: Chief, Washington, D.C., 20553. An informal inafter set forth would be necessary. Air Traffic Division, Federal Aviation docket also will be available for exami­ 1. V-76 which is designated from Aus­ Agency, Post Office Box 20636, Atlanta, nation at the office of the Regional Air tin, Tex., direct to Houston, Tex., would Ga., 30320. All communications re­ Traffic Division Chief. be realigned from Austin, to Industry, ceived within 45 days after publication The alteration of V-37 west alternate Tex., thence via the intersection of the of this notice in the F ederal R egister between Columbia and Ft. Mill, as pro­ Industry 104° T (096° M) and Houston will be considered before action is taken posed above, would improve flight plan­ 287° T (279° M) radials to Houston. on the proposed amendments. The ning and reduce clearance phraseology 2. V-212 which is designated from San proposals contained in this notice may by providing a numbered airway via Antonio, Tex., via College Station to be changed in the light of comments radials used in a revised arrival proce­ Lufkin, Tex., would be realigned from received. dure for Columbia Metropolitan Airport, San Antonio via the intersection of the An official docket will be available for S .C. V-56 north alternate, from Augusta San Antonio 089° T (080° M) and In­ examination by interested persons at the to Columbia, was used as an arrival route dustry 233° T (225° M) radials, Indus­ Federal Aviation Agency, Office of the to Columbia Metropolitan Airport. With try, Navasota, Tex., to Lufkin. General Counsel, Attention: Rules Dock­ the establishment of new arrival proce­ 3. V-222 which is designated from San et, 800 Independence Avenue SW., Wash­ dures, this airway segment will no longer Antonio to Houston via Round Top, ington, D.C., 20553. An informal dock­ serve a useful purpose and should be Tex., Intersection would be realigned et also will be available for examination revoked. from San Antonio via the-intersection of at the office of the Regional Air Traffic These amendments are proposed under the San Antonio 074° T (065° M) and Division Chief. the authority of section 307(a) of the Industry 264° T (256° M) radials, In­ V-5 west alternate and V-51 west al­ Federal Aviation Act of 1958 (49 U.S.C. dustry, intersection of the Industry 104° ternate, presently designated along the 1348). - T (096° M) and Houston 287° T 279° M) same alignment between Jacksonville radials to Houston. Issued in Washington, D.C. on June 7, 4. V-15 west alternate which is desig­ and Alma, are no longer required for air 1965. traffic control purposes and, therefore, nated from College Station, Tex., to they can no longer be justified as assign­ D aniel E. B arrow, Houston via Sealy, Tex., Intersection ments of airspace. Chief, Airspace Regulations would be realigned from College Station These amendments are proposed un­ and Procedures Division. to Houston via the intersection of the der the authority of section 307 (a) of the [F.R. Doc. 65-6115; Filed, June 11, 1965; College Station 149° T (141° M) and 8:45 a.m.] Houston 287° T (279° M) radials. Federal Aviation Act of 1958 (49 U.S.C. 5. V-13 west alternate would be al­ 1348). tered between Houston and' Lufkin via Issued in Washington, D.C. on June [ 14 CFR Part 71 1 the intersection of the Houston 354° T 7,1965. [Airspace Docket No. 65—SW-13] (346° M) and Lufkin 218° T (210° M) D aniel E. B arrow, radials. Chief, Airspace Regulations FEDERAL AIRWAYS 6. V-477 east alternate would be al­ and Procedures Division. tered between Houston and Leona, Tex^ Proposed Alterations and Designation via the intersection of the Houston 354° [F.R. Doc. 65-6114; Filed, June 11, 1965; T (346° M) and Leona 143° T (135° M> 8:45 a.m.] The Federal Aviation Agency is con­ radials. sidering amendments to Part 71 of the 7. A new VOR airway would be desig­ Federal Aviation Regulations that would nated from Austin via Industry, Eagle I 14 CFR Part 71 1 alter, in part, VOR Federal airways Nos. Lake, Tex., to Houston. [Airspace Docket No. 65-SO-34] 76, 212, 222, 15, 13, and 477, and that Realignment of V-76 via the Industry would designate a Federal airway from FEDERAL AIRWAYS VORTAC would provide better en route Austin, Tex., via Industry, Tex,, Eagle navigational guidance b etw een Austin Proposed Realignment and Lake, Tex., to Houston, Tex. and Houston. The same is true for Interested persons may participate in Revocation V-222. The realignment of V-212 would the proposed rule making by submitting reduce the route mileage betw een San The Federal Aviation Agency is con­ such written data, views, or arguments as Antonio and Lufkin a n d w o u l d penna sidering amendments to Part 71 of the they may desire. Communications reduction of altitude limitations on soutn Federal Aviation Regulations that would should identify the airspace docket num­ jet penetrations at Bergstrom A i r Fore realign VOR Federal airway No. 37 west ber and be submitted in triplicate to the Base, Tex. The realignment of tne alternate between Columbia, S.C. and Ft. Director, Southwest Región, Attention: V-13, V-15, and V-477 alternates wouia Mill, S.C., via the intersection of the Chief, Air Traffic Division, Federal Avi­ result in reduction in route mileages. Columbia 294° and. Ft, Mill 201° True ation Agency, Post Office Box 1689, Fort The new airway would provide an an* ‘ radials, and that would revoke VOR Fed­ Worth, Tex., 76101. All communica­ nate route from Austin to Houston. eral airway No. 56 north alternate from tions received within 45 days after These amendments are proposed uno Augusta, Ga. to Columbia, S.C. publication of this notice in the F ederal the authority of section 307(a) of Interested persons may participate in R egister will be considered before action Federal Aviation Act of 1958 (49 !).»• the proposed rule making by submitting is taken on the proposed amendments. 1348). 7665 Saturday, June 12, 1965 FEDERAL REGISTER An official docket will be available for Issued in Washington, D.C. on June 7, should identify the airspace docket num­ ber and be submitted in triplicate to the examination by interested persons at the 1965. Director, Western Region, Attention: Federal Aviation Agency, Office of the D aniel E. B arrow, Chief, Air Traffic Division, Federal Avia­ General Counsel, Attention: Rules Chief, Airspace Regulations tion Agency, 5651 West Manchester Ave­ Docket, 800 Independence Avenue SW., and Procedures Division. nue, Post Office Box 90007, Airport Sta­ Washington, D.C., 20553. An informal rpR Doc. 65-6116; Filed, June 11, 1965; tion, Los Angeles, Calif., 90009. AH com­ docket also will be available for examina­ 1 8:45 a.m.] munications received within 45 days tion at the office of the Regional Air after publication of this notice in the Traffic Division Chief. F ederal R egister will be considered be­ The Federal Aviation Agency proposes [ 14 CFR Part 71 1 fore action is taken on the proposed to establish floors on the above cited air­ [Airspace Docket No. 64—WA—109] amendment. The proposal contained in way segments-as follows: this notice may . be changed in the light 1. V-4 from Baker, Oreg., 1,200 feet FEDERAL AIRWAY of comments received. above the surface (AGL) to Yakima, Proposed Designation An official docket will be available for Wash. The 1,200-foot AGL floor is pro­ examination by interested persons at the posed for these segments to provide com­ The Federal Aviation Agency is con­ Federal Aviation Agency, Office of the patibility with crossing and joining air­ sidering an amendment to Part 71 of the General Counsel, Attention: Rules Dock­ way segments and for aeronautical chart Federal Aviation Regulations that would et, 800 Independence Avenue SW., Wash­ legibility. designate a VOR Federal airway from ington, D.C., 20553". An informal docket 2. V-25 from Yakima 1,200 feet AGL McAllen, Tex., direct to Laredo, Tex., also will be available for examination to Ellensburg, Wash. This floor is re­ with a ceilin g of 9,000 feet MSL. - quired for climb to minimum en route Interested persons may participate in at the office of the Regional Air Traffic Division Chief. altitude (MEA). the proposed rule making by submitting A recent IFR airway traffic survey con­ 3. V-448 from Yakima 1,200 feet AGL such written data; views, or arguments ducted for the Seattle ARTC Center to Ephrata, Wash. This floor is pro­ as they' may desire. Communications posed for climb to MEA, and for aero­ should identify the airspace docket num­ showed little or no use being made of the segments of A-l proposed above for nautical chart legibility. ber and be submitted in triplicate to the 4. V-520 from Prosser Intersection Federal Aviation Agency, Office of the revocation. Additionally, the segment of General Counsel, Attention: Rules Dock­ VOR Federal airways Nos. 4 and 287 be­ 1.200 feet AGL to Lewiston, Idaho. This et, 800 Independence Avenue SW., Wash­ tween Seattle and the Jamestown, floor is proposed for climb to MEA, com­ ington, D.C., 20553. All communications Wash., intersection would provide a par- patibility with crossing airway segments, allel replacement route for this segment and for aeronautical chart legibility. received within 45 days after publication 5. V-112 from Pendleton, Oreg., 1,200 of this notice in the F ederal R egister of A-l. will be considered before action is taken This amendment is proposed under the feet AGL to 35 nautical miles northeast, on the proposed amendment. The pro­ authority of section 307(a) of the Fed­ thence 4,900 feet m.s.l. to 23 nautical posal contained in the notice may be eral Aviation Act of 1958 (49 U.S.C. miles southwest of Spokane, Wash., 1348), thence 1,200 feet AGL to Spokane. changed in the light of comments re­ 6. V-112 west alternate from Pendle­ ceived. All comments submitted will be Issued in Washington, D.C,, on June 7, available in the Rules Docket for exam­ ton 1,200 feet AGL to 28 nautical miles ination by interested persons, both before 1965. northeast of Pasco, Wash., thence 4,500 and after the closing date for comments. D aniel E. B arrow, feet m.s.l. to 23 nautical miles southwest Chief, Airspace Regulations of Spokane, thence 1,200 feet AGL to The airway, as proposed, would provide and Procedures Division. a connecting airway between McAllen Spokane. The 1,200-foot AGL floors for and Laredo which are two permanently [F.R. Doc. 65-6118; Filed, June 11, 1965; V-112 and V-112 west, north of Pendle­ certified air-carrier stops. The 9,000- 8:46 a.m.] ton, are required for climb to MEA. The foot MSL ceiling on the airway would 1.200- foot AGL floors southwest of Pen­ preclude interference with an established dleton are proposed for compatibility acrobatic area with a floor commencing [ 14 CFR Part 71 3 with V-2 south alternate and for aero­ at 10,000 feet MSL and used by Laredo [Airspace Docket No; 64-WE-42] nautical chart legibility. Air Force Base. 7. V-281 from Pendleton 1,200 feet This amendment is proposed under FEDERAL AIRWAYS AGL to 22 nautical miles northeast of section 307(a) of the Federal Aviation Walla Walla, Wash., thence 4,500 feet Act of 1958 (49 U.S.C. 1348). Proposed Alteration m.s.l. to 23 nautical miles south of Spo­ kane, thence 1,200 feet AGL to Spokane. Issued in Washington, D.C. on June 7, The Federal Aviation Agency is con­ The 1,200-foot AGL floor is proposed 1965. sidering amendments to Part 71 of the north of Pendleton and Walla Walla area D aniel E. B arrow, Federal Aviation Regulations that would for climb to MEA. The 1,200-foot AGL Chief, Airspace Regulations apply criteria of CAR Amendments floor south of Spokane is proposed for and Procedures Division. 60-21/60-29 to establish floors on seg­ aeronautical chart legibility. ments of VOR Federal airways Nos. 4, [F.R. Doc. 65-6117; Filed, June 11, 1965; 8. V-281 east alternate from Pendleton 8:46 a.m.] 25, 448, 520, 112, 112 west alternate, 281, 1.200 feet AGL to Walla Walla. This 281 east alternate, 298, 253, 2, 2 south floor is proposée* for compatibility with alternate, and 2 north alternate. V-281. I 14 CFR Part 71 ] Interested persons may participate in 9. V-298 from Pendleton 1,200 feet [Airspace Docket No. 65-WE-40] the proposed rule making by submitting AGL to 74 nautical miles southeast, such written data, views, or arguments as thence 11,500 feet m.s.l. to 11 nautical FEDERAL AIRWAY they may desire. Communications miles northwest of McCall, Idaho, thence should identify the airspace docket num­ Proposed Revocation 9,900 feet m ai. to McCall. The 1,200- ber and be submitted in triplicate to the foot AGL floor is required for climb to The Federal Aviation Agency is com Director, Western Region, Attention: MEA. sidering an amendment to Part 71 oJ Chief, Air Traffic Division, Federal Avia­ 10. V-253 from McCall, 9,900 feet m.s.l. the Federal Aviation Regulations thal tion Agency. 5651 West Manchester Ave­ for 11 nautical miles, thence 11,500 feet would revoke the segment of Amber Fed­ nue, Post Office Box 90007, Airport Sta­ m.s.l. to 33 nautical miles from McCall eral airway No. 1 from Seattle, Wash, tc tion, Los Angeles, Calif ., 90009. All com­ thence 1,200 feet AGL to Lewiston. The e intersection of the south course o: munications received within 45 days after publication of this notice in the 1.200- foot AGL floor is required for climb j. Victoria, British Columbia, Canadi to MEA. aio range (Dungeness Fan Marker) F ederal R egister will be considered be­ fore action is taken on the proposed 11. V-2 from Ellensburg, 1,200 feet tv,interes^ed Pers°ns may participate ii AGL to Mullan Pass, Idaho. This floor «¡n/»v?rop?xed 11119 making by submitting amendments. The proposals contained written data, views, or argument: in this notice may be changed in the is proposed for climb to MEA and for they may desire. Communication: light of comments received. aeronautical chart legibility. No. 113------5 7666 PROPOSED RULE MAKING

12. V-2 south alternate, from Ephrata, contained in this notice may be changed [ 47 CFR Part 73 ] Wash., 1,200 feet to Spokane. This floor in the light of comments received. is proposed for climb to MEA and for The official Docket will be available for [Docket No. 16041; FCC 65-484] aeronautical chart legibility. examination by interested persons at the 13. V-2 north and south alternates, Southern Regional Office, Federal Avia­ TELEVISION NETWORK PROGRAMS from Spokane 1,200 feet AGL to Mullan tion Agency, Room 724, 3400 Whipple UNAVAILABLE TO CERTAIN TELE­ Pass. This floor is proposed for climb to Street, East Point, Ga. VISION STATIONS MEA and for aeronautical chart legi­ This amendment is proposed under bility. section 307(a) of the Federal Aviation Notice of Proposed Rule Making and These amendments are proposed under Act of 1958 (49 U.S.C. 1348(a)). Inquiry the authority of section 307(a) of the Federal Aviation Act of 1958 (49 U.S.C. Issued in East Point, Ga., on June 2, 1. Notice of proposed rule making and 1348). 1965. notice of inquiry, as indicated herein- P aul H . B oatman, below, is hereby given with respect to the Issued in Washington, D.C., on June Acting Director, Southern Region. above-entitled matter. 7, 1965. 2. The Commission has before it for D aniel E. B arrow, [F.R. Doc. 65-6120; Filed, June 11, 1965; ;'J> 8:46 a.m.] consideration a “Petition for Rule Mak­ Chief, Airspace Regulations ing” filed February 18, 1964, by WXlX and Procedures Division. Inc. (WUHF-TV), licensee of UHF tele­ [F.R. Doc. 65-6119; Filed, June 11, 1965; vision station WUHF-TV, Milwaukee1 8:46 a.m.] and oppositions thereto discussed below’. FEDERAL COMMUNICATIONS Section 73.658(b) of our rules concerning territorial exclusivity now forbids, inter I 14 CFR Part 71 1 COMMISSION alia, arrangements or understandings [Airspace Docket No. 65-SO-38] [ 47 CFR Part 73 1 between a TV network and an affiliate which prevent or hinder another station TRANSITION AREA [Docket No. 16004] in the community from carrying pro­ grams not taken by the regular affiliate. Proposed Designation FIELD STRENGTH CURVES FOR FM AND TV BROADCAST STATIONS The petition would add to this an affirm­ The Federal Aviation Agency is con­ ative requirement that the regular affil­ sidering an amendment to Part 71 of the Notice Extending Time To File iate be given a period of 72 hours to Federal Aviation Regulations which Comments exercise its “first refusal” right with would designate a transition area at respect to any program or program Lakeland, Fla. 1. On May 10, 1965, the Commission series offered by the network, and if Having completed a comprehensive re­ issued a notice of proposed rule making clearance by the regular affiliate is not view of the terminal airspace structure (FCC 65-383) in the above-entitled mat­ obtained in that time the network shall requirements in the Lakeland, Fla., ter­ ter which specified that comments were offer the program or series on “equitable minal area, including studies attendant to be filed on or before June 14, 1965, and nondiscriminatory terms” to all to the implementation of the provisions and reply comments on or before June 25, other stations in the community.1 of CAR Amendments 60-21/60-29 (26 1965. Appended* to the notice were new 3. For reasons discussed below, we be­ F.R. 570, 27 F.R. 4012), the Federal Avia­ proposed field strength curves for the lieve rule making in the area covered by tion Agency proposes the airspace action VHF and UHF television channels. The the petition is warranted, although not hereinafter set forth. Association of Federal Communications in the precise form advocated by WUHF- The proposed Lakeland, Fla., transition Consulting Engineers (AFCCE' has re­ TV. We also have under consideration area would be designated as that airspace quested an extension of 30 days time to the following resolution adopted on Feb­ extending upward from 700 feet above file comments. The AFCCE states that ruary 12, 1965, by the Executive Com­ the surface within a 5-mile radius of field strength curves are the basic tools mittee of the Committee on All-Channel Lakeland Airport, Lakeland, Fla. (lati­ of the communications engineering pro­ Broadcasting (CAB), an Industry-Com- tude 27°59'17" N„ longitude 82°00'56" fession and sufficient time for adequate W.) ; within 5 miles northwest and 8 study by the members has not been pro­ 1 As proposed by W X IX , In c., th e new rule miles southeast Of the Lakeland VOR- vided. A similar request was filed by the would read as follows; the passage italicized TAC 233° radial extending from the 5- Association of Maximum Service Tele­ is what would be added : mile radius area to 12 miles SW of the casters, Inc. (AMST), on the same day. “No license shall be granted to a television VORTAC. AMST urges that it needs additional time broadcast station having any contract, ar­ The proposed transition area is needed to complete a study and analysis of the rangement or understanding, express or im­ proposed new curves, including a com­ plied, with a network organization which for the protection of IFR departures prevents or hinders another television sta­ from the Lakeland Airport, a prescribed parison with available field strength data. tion located in the same com m u n ity from instrument approach procedure, and a 2. We are of the view that sufficient broadcasting the network’s programs not holding pattern. reasons have been shown for granting an taken by the former station, or w hich pre­ Interested persons may submit such extension of time. Accordingly, notice vents or hinders another "television station written data, views or arguments as they is hereby given that the time ,for filing located in a different community from broad­ may desire. Communications should be comments in this proceeding is extended casting any program of the network organi­ to July 14,1965, and for reply comments zation. If a program or program series, com­ submitted in duplicate to the Director, mercial or noncommercial, is offered by the Southern Region, Attention: Chief, Air to July 26, 1965. network to its affiliate in any given market Traffic Division, Federal Aviation Agency, 3. This action is taken pursuant to the and clearance is not provided by the affiliate Post Office Box 20636, Atlanta, Ga., 30320. authority contained in sections 4(i), 5 (d) w ith in 72 hours, the network shall, giving All communications received within 30 (1), and 303 (r) of the Communications appropriate notice of the fact, exhaust clear­ days after publication of this notice in Act of 1934, as amended, and § 0.281(d) ance possibilities in the community by offer­ the F ederal R egister will be considered (8) of the Commission’s rules and regu­ ing such program or program series on lations. equitable and nondiscriminatory terms and before action is taken on the proposed conditions to all other operating stations in amendment. No hearing is contemplated Adopted: June 7, 1965. the community. This section shall not be at this time, but arrangements for in­ construed to prohibit any contract, arrange­ formal conferences with Federal Aviation Released: June 8, 1965. ment or understanding between a station Agency officials may be made by contact­ and a network organization pursuant to ing the Chief, Air Traffic Division. Any F ederal Communications which the station is granted the first call w data, views or arguments presented dur­ Com m ission, its community upon the programs of t*je ing such conferences must also be sub­ [seal] B en F . W aple, network organization. As employed in® ~ Secretary. paragraph, the term “community” is _ mitted in writing in accordance with this as the community specified in the instru­ notice in order to become part of the [F.R. Doc. 65-6156; Filed, June 11, 1965; ment of authorization as the location of tn record for consideration. The proposal 8:49 a.m.] station. 7667 Saturday, June 12, 1965 FEDERAL REGISTER vision stations, particularly UHF stations were from AM in the 1940’s, are not ade­ mission group formed to promote the seeking to establish service in intermixed quate in the television area (particularly development of UHF: markets. with the VHF-UHF situation); asser­ Whereas, networks should give considera­ Petitioner urges that such network tions as to the desirability of equitable tion to existing or potential new stations competition “free of artificial barriers”; which may be constructed in areas of fringe practices seriously affect the future of coverage of network affiliation where such the industry, and that only a positive and the argument that the networks are affiliates give secondary or third-rate quality responsibility on the networks actively to unduly reluctant to help UHF, permitting of signal by making available network pro­ seek program placement will meet their artificial barriers to exist In favor of the grams to such stations by primary affiliation obligations to the Nation and to the in­ status quo and protecting their VHF or otherwise and dustry in which they are so dominant. affiliates. Whereas, networks as a matter of policy 5. WUHF-TV states that during the Opposition to the petition. 7. Opposi­ should make available on request of a station tions to the WUHF-TV petition were in the same market, all programs not cleared years 1962 and 1963 more than 40 net­ on their VHF affiliates in any single or m ul­ work programs or program series, in­ filed by the three television networks and tiple VHF station market, cluding all types of programs, were not by Storer Broadcasting Co., licensee of Therefore, be it resolved that the Federal presented in Milwaukee because of non­ numerous television and radio stations Communications Commission should take clearance by the affiliated stations, and including WITI-TV, Milwaukee (ABC- such steps as are possible or necessary to re­ that in only one of these instances (a affiliated). The NBC opposition con­ quire network affiliation with fringe stations somewhat controversial episode of a se­ tains certain specific material discussed or new stations in one or two VHF markets ries which the VHF stations did not wish below. In general, the oppositions at­ and to define such fringe stations from a tack the proposal as beyond the scope of service standpoint. to carry) was WUHF-TV approached about carrying the program, which it did. the Commission’s authority; an attempt The first paragraph of this resolution With particular reference to UHF, to turn the Chain Broadcasting Rules, refers to situations about which we have WUHF-TV cites an NBC report of 1963, which govern network-station relations, received complaints from time to time— listing 60 instances in which network into a means of subsidizing UHF; as a the unwillingness of networks to make programs were cleared over nonaffiliated device which would turn a business judg­ their programing available to stations— stations, but only one of these was a UHF ment in the complex clearance area into both VHF and UHF— located in relatively station. The difficulties involved in try­ a common-carrier relationship with the small markets at some distance from, ing to get programs not cleared by the Commission determining the business though not entirely out of reach of pos­ affiliate are mentioned in support of both terms; as much too inflexible to meet the sible service from, VHF stations in large the 72-hour time limit on “first refusal” varying circumstances which are pre­ markets. Examples of this are a station and the affirmative seeking-out proposed sented in different cases; as presenting at Ada, Okla. (VHF, some 65 miles from to be required of the networks. It is as­ extremely formidable problems which Oklahoma City), and a station at Marion, serted that another station can learn would have to be determined in applica­ Ind. (UHF, some 60 miles from Indian­ of the affiliate’s decision not to clear a tion (such as, with respect to rates, what apolis). There is a question as to ^whether program only from an examination of are “equitable and nondiscriminatory the networks’ refusal in this connection published program schedules, and not in terms”) ; as completely ignoring the has always been consistent with the pub­ time to make an effective effort to “sell” crucial role of the program sponsor who lic interest. We propose below to adopt a the network and the advertiser on using may not want to take one or any alter­ general rule in this area, based on adver­ its facilities, or to make suitable efforts nate station; and as really of little bene­ tiser willingness to “buy” both markets. to publicize and promote the program. fit to UHF stations since the “un-cleared” In the Inquiry portion of this proceed­ WUHF-TV mentions one example of how programs involved are generally the less ing, below, we invite comments as to the clearance process may work under attractive ones. The networks assert whether more specific standards can be the present regulations. In February past and present willingness to help UHF, evolved which will make programing 1963, NBC began a series of 2-hour but that this should be done on a volun­ available to stations so situated, without weekly feature film programs. WTMJ- tary basis, not in the “strait-jacket” con­ doing violence, to reasonable network TV, its Milwaukee affiliate, which had text of a rule like that proposed. Cer­ and advertiser interest in “nonduplica­ been showing its own movies at the same tain specific problems are mentioned; tion” of circulation; and, if so, what such time, continued to do so, not initially Storer asserts that it is often extremely standards should be. clearing the NBC show. WUHF-TV difficult, if not impossible, for an affiliate The WUHF-TV petition. 4. The made strong efforts to get NBC to put to make an informed, conscientious, change requested by WUHF-TV is de­ this program on it, but, it is alleged, met judgment within 3 days whether or not signed to make network programs not with “a consistent practice of indirect­ to accept an offered network program; cleared in a market by the networks’ reg­ ness, evasiveness, delay, and lack of this is particularly true when, as often ular affiliates more readily available to candor.”—refusal Characterized as “ex­ happens, the offer is made in the spring other stations in the market—partic­ clusivity by indirection.” Finally, in or early summer for the fall season. It ularly UHF stations such as WUHF-TV, June 1963, WTMJ-TV began to clear the is asserted that the effect would be to give which is one of four Milwaukee stations, NBC program, which by then was re­ the networks even more control over the other three being VHF and each hav­ runs. According to WUHF-TV, this their affiliates’ programing than they ing a primary affiliation with one of the “manipulation” process— have now, since an affiliate would hesi­ three networks. It is asserted that one tate to refuse clearance if it knows it may of the chief obstacles UHF faces, today took advantage of the absence of a time­ limit on first refusal * * * to protect the NBC never have a further chance at the pro­ as in earlier years, is the lack of desir­ property for eventual clearance on the affili­ gram if it does not clear. It is also able programing with which a UHF sta­ ate while the affiliate took the opportunity questioned how the rule would operate in tion can attract viewers and build up a to clear gross income for close to 5 months the case of the affiliate’s nonclearance— substantial audience. Thus, it is urged, ♦ * * and all this with full knowledge that would the network later be permitted to UHF stations will be benefitted in their “Monday Night at the ^Movies” would be withdraw the program from its alternate uphill struggle, the increase in UHF set waiting at the end of this period. station and put it on its regular affiliate? circulation will be faster and greater, and WUHF-TV asserts that this demon­ It is stated that sometimes—in the case the ABC network, now at some competi­ strates that present § 73.658(b) does not of a “one-shot” program which is offered tive disadvantage because of lack of pri­ prevent evasion, indirectness, planned only shortly before it is to be presented— mary affiliation in “scarcity” markets, delay, and varying degrees of collusion it would be impossible to go through the will be able to compete on more -nearly between network and affiliate, WUHF routine of offering to other stations in equal terms with CBS and NBC. It is also asserts that the networks’ reluctance time. Storer inquires how the further asserted that based on WUHF-TV’s ex­ to seek out alternative facilities leads to offering would be worked out—is it to perience in Milwaukee. undesirable delayed-broadcast situations, be simultaneous to all other stations in where a program is presented over the In actual practice the everyday policy of the market, and if so how will any station regular affiliate at a time quite different know as to the others’ acceptance or re­ me networks tends to lend itself to the very from that sought by the advertiser. pILi prohibited by the Chain Broad- 6. Other more general arguments arejection, or can it be in some order and Rules, hinders competition for pro- if so who is to decide what order? NBC “V*®ung and advertisers, and burdens and urged, including the contention that the burden the development of new tele- Chain Broadcasting Rules, taken as they urges the value of programing on a reg- 7668 PROPOSED RULE MAKING

ular affiliate, giving opportunity for pro­ WUHF-TV would be charged the regu­ source of such program to the new motion throughout the schedule and lar “co-op” fee. On September 4, 1964, stations. building a planned, compatible schedule an agreement was entered into between 12. As mentioned earlier, we do not and audience flow—none of which, it is NBC and WUHF-TV, covering “such believe the specific rule urged by WUHF- said, are served by placing an isolated programs or program series as from time TV is appropriate for consideration. For program on another station. to time may be mutually agreed upon”; one thing, requiring an affiliate to make 8. It appears that WUHF-TV’s chief and providing for no compensation ex­ a clearance decision within 72 hours4 complaints have been against NBC. NBC cept that, if a sponsor orders WUHF- with respect to a program series not attached to its oppositions copies of let­ TV, NBC will accept on the basis of that scheduled to begin for several months, is ters exchanged with WUHF-TV’s execu­ station’s regular network rate and pay unduly restrictive. Nevertheless, it ap­ tive vice president early in 1964, shortly WUHF-TV a specified percentage of that pears that the public interest, as well as after the present petition was filed. NBC rate. It appears that as of November the more effective use of the medium offered to furnish WUHF-TV programs 1964, WUHF-TV was presenting 8 x/2 which we are obligated to further, dic­ not cleared by WTMJ-TV and which hours of NBC programing per week, 2V2 tate steps to achieve improvement in this it could not, or did not believe it could, hours of it in prime time, with no com­ area. Adoption of certain requirements clear on other Milwaukee stations. Stat­ pensation for any of it except % of the designed to make “uncleared” programs ing that it had no “second call”, policy, it applicable hourly rate for one program. more readily available—to other stations refused WUHF-TV’s suggestion that According to NBC, WUHF-TV declined in the community, and to the public— that station be given a position immedi­ NBC’s offer of certain sustaining series appears warranted. We believe that ately behind the regular affiliate. The (“Mr. Wizard” and some religious pro­ programs which are not cleared and are NBC programs offered to and refused by grams) . In other respects the agreement not going to be cleared by the regular the affiliate, and made available to is generally similar to NBC’s proposals affiliate should be made available other­ WUHF-TV (12 Yz hours per week were mentioned above. It should also be wise in the community or market to the listed as then available), would not im- noted that at various times during 1963 extent reasonably possible, and that ade­ . mediately be a source of compensation and 1964 WUHF-TV has carried pro­ quate notice of such availability should to WUHF-TV, since, according to NBC, grams from both of the other networks. be given to other stations, in time for that station did not have the 6,000-home Discussion. 11. It is apparent from them to make a request to the network average quarter-hour evening circulation the foregoing, and from other informa­ and, if required, to the advertiser, and sufficient to justify the granting of the tion we have received, that the picture arrange for adequate program promo­ minimum $100 network rate under with respect to clearance of network pro­ tion. NBC’s standard rate policy. NBC point­ grams not taken by regular affiliates is 13. Before setting forth our general ed out that WUHF-TV could sell ad­ not a satisfactory one. In our view, the and specific proposals, we turn first to jacencies and in-program commercials, public interest is disserved by the exist­ the arguments that we do not have au­ and asserted that the programing offered ence of situations where numerous popu­ thority to adopt a rule along the lines would help WUHF-TV build an audience lar and worthwhile programs are not of that proposed. We are of the view so that in the near future its circulation presented in a market, and yet at the that we do have such jurisdiction, al­ would likely warrant grahting a network same time there are stations in the mar­ though parties may wish to comment on rate. Programs would normally be avail­ ket suffering from a lack of desirable this point. No lengthy discussion is able at the A.T. & T. Milwaukee test board program product. If the network does needed here; suffice it to point to our without line charges to WUHF-TV, and, not offer the uncleared program to an­ recent action in Docket 12782, proposing for the period during which WUHF-TV other station, the station has no oppor­ rules governing network practices relat­ had no network rate, NBC would waive tunity to obtain access to it, and the pub­ ing to program procurement and owner­ its customary charges for sustaining pro­ lic is the loser since the program is not ship (FCC 65-227, 30 F.R. 4065, 4 R.R. grams and its usual “co-op” fee charged shown in the community:2 We recognize 2d 1569, released March 22, 1965, para­ When the station is able to sell locally that some of the problems in the Milwau­ graph 40 and Appendix). Therein, we available slots within NBC programs. kee situation, described above, may have proposed to adopt rides applying to “net­ NBC would have the right to recapture represented differences over terms rather work television licensees”—i.e., at pres­ a program on 28 days’ notice. than network failure to make network ent the three national TV networks, each 9. This arrangement was not satisfac­ programs available to nonafifiliates. Nev­ of which also owns the maximum per­ tory to WUHF-TV, which wanted a net­ ertheless, both here and elsewhere, a missible number of VHF stations. We work rate similar to that on which it was substantial problem, requiring steps to referred to our explicit authority to being paid by ABC and CBS and which alleviate it, appears to exist. In reply­ adopt special rules governing stations it had established with NBC on One pro­ ing to a Commission inquiry of December engaged in chain broadcasting, section gram ("Chet Huntley Reports”). 1963, the networks listed various in­ 303 (i) of the Communications Act. The WUHF-TV asserted that there are 250,- stances of nonclearance, without any same authority would apply in the pres­ 000 UHF homes in the Milwaukee area, offer to an alternate station, in four- ent case.® and argued that, since there is not in­ station markets (Milwaukee, Denver, Substance of proposed rules concern­ volved here an affiliation arrangement Portland, Fresno, etc.).8 With the^ex­ ing programs not cleared by regular af­ covering large blocks of programing, pected development of UHF stations, the filiates. 14. General ride: The special NBC should not base its rate determina­ number of markets with more than 3 Network Study Staff considered the mat­ tion on overall average viewing of stations may be expected to increase, and ter of “uncleared” programs during its WUHF-TV, but rather on what each therefore an adequate means of making study of television networking in the individual NBC program should produce “uncleared” programs available to other 1950’s. In that staff’s report, the “Bar- in the way of audience. NBC refused stations appears to be of even more row Report”, it was recommended that such an arrangement. Its position is significance for the future, both from that this voluntary effort on its part is the Commission adopt a rule to the effect the standpoint of bringing desirable pro­ that where an affiliate is ordered by a the way to achieve the desired goal, grams to the public, and of providing a rather than the fixed rule advocated by sponsor but does not provide clearance WUHF-TV. satisfactory to the sponsor, the network 10. From information received from 2 In this respect the network program mar­ NBC and WUHF-TV, it appears that ket differs from the syndication or feature ¿The period of 72 hours is that specified there have been further developments in film market. For in the latter there is at in the network-affiliate contracts as the pe­ arrangements between these parties since least the potentiality for a station to obtain riod within which the affiliate has “first re­ access to a program not previously leased to fusal” rights. In practice, however, the ex­ the foregoing pleadings were filed. By another station in the community. ercise of this right by the affiliate is seldo . letter of July 30, 1964, NBC stated that 3 There were also instances of nonclearance if ever, so limited. . if a sponsor orders WUHF-TV, NBC will and nonoffer in cities having three stations s There probably is merit to the argumen accept at that station’s regular network assigned and a fourth, licensed to a nearby of WUHF-TV’s opponents that the Pr°P°f®” community, permitted to identify itself with requirements—relating to networks rat rate, and give the station a specified per­ the city (Indianapolis-Bloomington, Seattle- than to affiliates—cannot appropriately centage of that rate. Where it is pos­ Tacoma). Most nonclearances were in one- in § 73.658(b). We would put it in a separate sible to offer “co-op” availabilities, or two-station markets. new section. Saturday, June 12, 1965 FEDERAL REGISTER 7669

shall in good faith undertake to place program, the time of presentation, and cleared only on alternate weeks, and the program on another station in the the sponsor (s) or participating adver­ shortening the 66-day period mentioned community, if the sponsor so chooses. tisers. It need not necessarily amount to to a period of 28 or 30 days. (H R ept. No. 1297, 85th Congress, 2d an offer of the program to a particular (c) Notice and time thereof. As indi­ Session, pp. 267-271, 277-278) | We pro­ station; and the network may continue cated above, we contemplate two no­ pose to adopt a general rule substantially to deal only with whatever station it tices—one simply informing all stations in the market that no station has agreed to the same effect. wishes to use. However, if by September 15. Specific rules: We also believe 15 the network has no firm commitment to clear the program on a basis accept­ more specific requirements to be appro­ from any station in the market to clear able to the advertiser (s), and the other, priate in order to achieve the general at least by November 15, it must give (as later, actually making a general offer of objective to as great a degree as,pos­ nearly simultaneously as possible) a No­ the program if clearance has not been sible, and also to give nonaffiliates ade­ tice and Offer to all stations in the com­ arranged for by the time the general quate notice and an opportunity to exert munity. The terms of the offer are dis­ notice is required. Typically, network efforts to get network programs which cussed below. programing is geared to a “season” be* may be available. We detail below cer­ 18. We turn now to the specific pointsginning early in October. With respect tain specific proposals, which are set involved: to such programs, our primary proposal forth as primary proposals. These pres­ (a) Programs covered by the rule: Fre­ is to require the first notice, “Notice of ently appear to be the minimum require­ quency of broadcast. Our primary pro­ Non-Clearance”, to be sent by August 15. ments which would be appropriate. It posal is that the rule be limited to those By this time, generally* the network will may well be that further requirements programs broadcast at least as often as know its regular affiliate’s plans, and would be in order. Therefore, in most every 2 weeks, which make up the great often will have had time to negotiate areas covered below, in addition to the bulk of television programing. However, with another station in the market if primary proposal we advance possible comments are also invited on whether it prefers one particular alternate out­ alternatives, variations, or extensions the rule should be extended to include let. At the same time, such advance thereof. Rules along these lines, as well programs presented on other bases—e.g., notice will give other stations oppor­ as or in lieu of the primary proposal, a series of four or six “spectaculars” dur­ tunity to make their presentation to the may be adopted herein without further ing the season, or a “one-shot” program network and advertiser. We are pres­ proceedings. Therefore we seek com­ such as an important sporting event. ently of the view that it would be inap­ ments on the various alternatives, varia­ With respect to such other programs, if propriate to require an actual offer of the tions and extensions, as well as on the they are to be included, comments should program at this relatively early stage, primary proposals. discuss what should be appropriate times and therefore we would require only that 16. Generally speaking (and subject to (with respect to time of broadcast) at this notice give brief details as to the the specific details mentioned below) which to require the Notice of Non- program and advertiser (s) involved, and the essence of our proposal is that, at Clearance and Notice and Offer men­ the fact that no clearance arrangement certain times with respect to the presen­ tioned above. In this, connection we had been reached. However, comments tation of a program series, the networks would have to consider the time in ad­ are invited on whether the first notice be required to give one of two types of vance of broadcast that such programs should also include an offer, as well as notices to stations in the community are usually offered to affiliates, what is on whether another date would be more other than their affiliates, with respect a reasonable time for their decision, and appropriate. With respect to the sec­ to programs for which they have not ob­ how the notice and offering process to ond notice—Notice and Offer—we pro­ tained acceptable clearance arrange­ other stations can appropriately be fitted pose to require this with respect to ments. These are: (1) A “Notice of Non- into the picture. One proposal would be any program series (limited as above) Clearance”, to be given fairly early (by to give the regular affiliate half the time for which clearance arrangements have August 15 for programs beginning with between the offer to it and the time of not been made by September 15. By the fall season); and (2) a “Notice and broadcast, and if clearance is not ob­ this point in time, it would appear, Offer”, to be given later (by September tained then require simultaneous notice the network would have exhausted 15 for such programs), if no clearance and offer to other stations. clearance possibilities not only with arrangements have been reached by that (b) What programs are “uncleared”. respect to the regular affiliate, but time. The first would simply be a notice Our primary proposal is to limit the rule as to any other station it might prefer; of the fact that no clearance arrange­ to those programs for which the network and, if the objective of the general rules ments (with the affiliate or other station has not obtained clearance at all by its is to be achieved, an offer to all other in the community) had been reached. regular affiliates (or by another station stations is an appropriate requirement. The second would be an offer of the pro­ in the market before the general notices In the case of both notices, as mentioned gram to all of the other stations in the are required), and where there is not a above, they would not be required if the community not previously dealt with— firm commitment to begin clearance network has a commitment from a sta­ subject of course to whatever conditions within 60 days from the date of the re­ tion in the market to begin clearance concerning advertiser acceptance are re­ quired notice. In other words, as far within 60 days after the notice would quired. .V.. . as the primary proposal is concerned, the otherwise be due. Comments are invited 17. Briefly, the proposals set forth be­ rule would not include situations where on whether this period should be shorter. low (considering for the moment the pri­ the regular affiliate clears the program (d) Program series beginning at other mary proposals only) would operate as five out of six nights of the week, or times. A network may begin presenta­ follows with respect to a fairly typical clears in alternate weeks, or where it will tion of a program series—e.g. a “replace­ situation—a weekly program series not clear immediately but commits itself ment” program—at times other than scheduled to commence on the network to begin clearance within 60 days. It early fall. Also, the regular affiliate may at the beginning of the fall season, as­ appears appropriate to leave to network cancel a network program at some time sumed here to be October 1: If the net­ judgment the question of whether clear­ during the season. In these cases, the work cannot obtain clearance over its ance on a nonaffiliate only one . night a same general principles should apply. regular affiliate, it would be free to nego- week out of six is worth going through Our primary proposal is that: (a) As to hate with such other stations in the the procedures set forth here. Also, program series starting on the network community as it chooses, without any there seems relatively little point in at times other than the beginning of the requirement of notice or other restric­ requiring the notice and offering process fall season, the “Notice of Non- tion, until August 15. At that point, if the regular affiliate (or another sta­ Clearance” should be given 30 days after unless it has a firm commitment from a tion) is commited to begin presentation the network has notified its affiliate that station in the community to clear the of the program within a relatively short it is going to substitute a different pro­ time. However, if the comments herein gram if no clearance commitment (im­ Program at least by October 15, it must warrant we will consider some extension give to all stations in the community the of the scope of the rule in these re­ mediate or within 60 days) has been ob­ otice of Non-Clearance, informing these spects—for example, including within it tained by that time, and, if no clearance stations of the absence of clearance ar­ daily programs where the regular affiliate comfnitment is obtained within the next rangements. This notice should set forth does not clear on more than half of the 30 days, the Notice and Offef shall then e name and brief description of the days of the week, or weekly programs be given. As to programs canceled by the 7670 PROPOSED RULE MAKING

station presenting them, normally the through later negotiations, with what­ tiser or advertisers about carrying the network has at least 28 days notice of ever station(s) it would prefer to use program, and to restrict the rule or re­ such cancellation. Therefore, it appears as an alternate outlet, it must then offer fuse to adopt it for this reason would appropriate to require the first Notice of the program to all other stations (with defeat this objective. In our view, the Non-Clearance to be given if no commit­ the exceptions mentioned above), at ap­ matter can be handled by simply making ment has been obtained by the day before propriate times as proposed and dis­ the offer of the program contingent on the last broadcast on the canceling sta­ cussed above. While comments on the whatever acceptance by the advertiser is tion; and (if no commitment is later question are invited, we do not believe required. The proposed rule, which obtained) the Notice and Offer should there are legitimate reasons for refusing would come into play when a program be given 30 days after that broadcast. to offer a program to any station where is offered by the network to its affiliate Comments are invited on whether other other stations in the community have in a fnarket and is not cleared by the times are appropriate, in either situation. been offered it and have refused to pro­ affiliate, would contain a provision that (e) Stations to be notified. Present vide acceptable arrangements. the offer shall contain whatever condi­ § 73.658(b) reads in terms of stations in (h) Terms of the offer. WUHF-TV’s tions concerning advertiser acceptance the “community”; WUHF-TV’s proposed proposal would require the offer to other are required in the circumstances. amendment uses both that term and the stations to be on “equitable and nondis- 20. We do not anticipate that in prac­ term “market”. Our primary proposal is criminatory terms.” This clearly does tice this consideration will present the to have the rule require notice to the not mean, nor do we propose, that the great problem that some of WUHF-TV’s other stations in the same “market”. We terms offered all other stations must be opponents seem to believe. It is true recognize that the concept of a television the same; clearly there are differences that with respect to programs licensed “market”—and what stations are in it— in set circulation, and perhaps other to or owned by the advertiser, his ac­ is not always an easy one to define or factors, which warrant differentiation. ceptance must clearly be obtained before apply, and differs with different appli­ What we envisage is a good-faith effort the program can be presented on any cations. However, we believe that the on the part of the network to achieve station. However, with respect to net­ “community” concept is too narrow to clearance, and on the part of the sta­ tions receiving offers under the rule a work-owned or controlled programs achieve the full objectives of the rule. such acceptance does not always appear We invite comments on how the “mar­ good-faith effort to provide it. We as­ sume the networks in pursuance of the to be a sine qua non for presentation ket” should be defined—e.g., as set forth of a program. For example, in the case in our annual TV financial reports. Also, purpose of the rule will offer “reasona­ ble” terms, taking into account all rele­ of “participating” programs, w here an we invite comments on whether, rather advertiser buys a commercial position in than using a “market” concept, the vant factors, and we propose that the rule so state, without more specificity. a program rather than the program it­ rule should require notice to all stations self or a portion thereof, different “par­ putting a principal-city or Grade A sig­ It is not our intent, and we do not be­ lieve it will be necessary for us to be­ ticipating” advertisers may or m ay not nal over the city to which the regular order a particular market. The failure affiliate is licensed. come, rate arbiters. In determining what are “reasonable” terms, numerous of one of the participants to order a (f) Exceptions to notice requirement. market does not prevent the presenta­ There is no point in requiring notice to factors come into play. With respect to rates, for example, applicable criteria tion of the program in that market, with stations which have already failed to that advertiser’s commercial deleted.7 It provide acceptable clearance arrange­ may be what rates other networks charge ments; therefore we propose that the for a station’s times, how the particular appears at least likely that suitable ar­ rule provide that notice need not be given network treats other stations similarly rangements in this area can be worked the network’s regular affiliate, or any situated, comparative circulation and out. Comments on this subject are spe­ other VHF station with which it has had audience, the actual circulation achieved cifically invited. Moreover, of course, negotiations concerning the program with the programs in question, and other these considerations do not apply at all before the notice is required. Also, it factors. Our present proposal is simply to sustaining programs, which would be may well be that, in markets containing to require that the offer be made in good covered by the proposed rule as well as three or fewer VHF stations, the other faith and on reasonable terms. commercial programs. stations are regular affiliates of and are (i) Recapture. The “Barrow Report” 21. Comparative position of the net­ regularly supplied with programs by recommended that once a program is works. One other factor which we have other networks, and the chance that they placed on an alternate station, the net­ taken into account in reaching our tenta­ would be interested in a particular pro­ work not be permitted, “for a reasonable tive conclusions above is the matter of gram not cleared by another regular period of time”, to recapture it for pres­ comparative network positions. ABC, in affiliate are small, unless their own net­ entation on the regular affiliate (H. its opposition to the WUHF-TV position, work is not programing the time. Rept. No. 1297, 85th Congress, 2d Session, quoted from its reply to our December Therefore, our primary proposal would pp» 277-278). We believe it is appro­ 1963, inquiry of the networks concerning not require notice to other VHF stations priate to propose a similar restriction. their willingness to make programs avail­ in the market which are regular affiliates We have used above a period of 60 days able to UHF stations. As it has in the of other networks, with respect to pro­ for determining when a future clear­ past, in the quoted portion of that reply grams presented during hours when such ance commitment will obviate the re­ other networks are presenting program s quirement of notice. A similar period 7 Usually, participating advertisers pay a We would require notice tQ all other VHF appears appropriate here (modified to flat fee to the network for each commercial 56 days, or 8 weeks). Therefore, we minute, provided the program is cleared over stations, and to all UHF stations (other stations having an aggregate network rate than where the UHF station is the regu­ propose that any offer made pursuant to falling within a fairly wide range (e.g., be­ lar affiliate and has failed to clear for the this rule provide for no recapture on less tween a minimum of $90,000 and a maximum program). Comments are invited on than 56 days* notice. Comments are in­ of $120,000). If the clearance exceeds the whether these exceptions are appropri­ vited on whether a different restriction, maximum, the participating advertiser has ate.® such as a different period, would be more a choice—he can take the extra stations and (g) Nature of the offer required. In appropriate. pay an additional fee, or he can cancel our view, one of the most essential ele­ 19. Advertiser acceptance. As men­enough stations so that the aggregate rate tioned above, the opponents of WUHF- falls within the maximum. Some may choose ments in the present matter is that, be­ one course, some another, leading to dif­ fore a decision is made that a program TV’s proposal urge that one obstacle to ferences in the “lineups” purchased for the is not to be presented in a market, all offering programs to stations in a market same program. Where one advertiser does clearance possibilities must be, to use generally is that the advertiser may not not order a market where the program is WUHF-TV’s expression, , “exhausted.” find the alternative station acceptable. presented, his commercial is deleted. ABC We recognize that this is an important and NBC usually let the station sell this com­ In other words, if a network is not able consideration. However, in our view it mercial position locally, paying the networ to work out acceptable clearance ar­ should not substantially affect the a “coop” fee; CBS usually does not permi rangements with its regular affiliate, or, process described above. One of the pur­ such local sale. “Participating” programs are increasing in number. As NBC P011“" poses of giving notice of nonclearance out, participating advertisers are genera 7 «Also, notice would not be required to be is so that the stations involved may have interested in overall circulation rather th given to a station owned by another network. an opportunity to approach the adver­ identification with a particular station. Saturday, June 12, 1965 FEDERAL REGISTER 7671 ABC pointed to its position as the net­ cluding a full description of their meth­ amount or percentage of “incremental” work with the fewest VHP affiliates in ods for determining circulation attrib­ circulation (or a combination of the the “scarcity” markets, repeated its posi­ utable to a potential affiliate and “dupli­ two) ; circulation of the large-market tion that it should not be called upon to cated” circulation in overlap areas; and station in the home county of the bear the brunt of supplying network pro­ that if an affiliate is carrying a program smaller-market station (net weekly cir­ graming to new UHF stations, and as­ and the advertiser also wishes to have culation or average weekly quarter-hour serted that it will continue to make every it carried on a station in another com­ circulation). effort to clear its programing on VHP munity, the network should be required (c) To what extent should the stand­ stations. However, it stated that if such to undertake to place the program on ards in relation to questions (a) and efforts are not successful, it would con­ the other station. The Report noted (b) be different for: (1) Sustaining pro­ sider making uncleared programs avail­ (pp. 234-235) instances of large-market grams; (2) commercial programs where able to UHF stations on a nonprimary affiliate pressure on networks not to affili­ the advertiser is not willing to order the affiliation basis, depending on the facts ate with stations in communities within additional station but where the network of each case, including the coverage the present affiliate’s service area. controls the program and presentation needs of it and its advertisers, and if a 24. We recognize the legitimate inter­ thereof over the small-market station satisfactory agreement can be reached. ests of networks and advertisers in avoid­ with commercials deleted might be 22. While comments on this aspect ofing excessive “duplication” of circulation feasible; (3) commercial programs our proposal are invited, in our view the which might occur if two stations with a where more than one advertiser is in­ arrangements proposed here do not un­ high degree.of overlapping service area volved in each program (multiple spon­ duly hinder ABC (or other networks) present the same network program. sorship or participation) and some ad­ from a competitive standpoint. As we Nevertheless, it appears likely that in vertisers do and some do not wish to have mentioned, with respect to pro­ some situations this principle has been order the additional station, and presen­ grams beginning with the fall season carried further than is consistent with tation with some commercials deleted ABC, and the other networks, are free the public interest. In general, it ap­ may be possible. to seek clearance on any station they pears, at least prima facie, that where Procedural matters. 26. Authority for wish, without any notice requirement, an advertiser is willing to order both the adoption of rules as proposed in para­ until August 15, and can still continue large-market and the smaller-market graphs 14 through 22, above, is con­ such efforts until September 15, Only station, there is no reason why the net­ tained in sections 4(i), 303(g), 303(i), at that point in time—by which it would work should not attempt to place it on and 303 (r) of the Communications Act appear that clearance over preferred sta­ both. We therefore propose to adopt a of 1934, as amended. Authority for the tions would have been obtained if it can rule providing that where a network af­ institution of the Inquiry covered in be at all—would an offer to other sta­ filiate is carrying or is about ot carry a paragraph 23, above, is contained in tions be required. If possible placement network commercial program, and the section 403 of said Act. on a VHP station develops during the advertiser wishes also to order a station 27. With respect to the matters con­ course of the season, ABC may exercise in another community, the network shall tained in the notice of proposed rule its “recapture” rights on relatively short make a good-faith attempt to place the making herein (paragraphs 14 through notice, as mentioned above. In sum we program on that station. The rule would 22, above), pursuant to applicable pro­ do not believe that the requirements pro­ of course cover singly-sponsored pro­ cedures set forth in § 1.415 of the Com­ posed will significantly affect ABC (or grams; it would also apply to series under mission’s rules all interested parties are other networks) vis-a-vis each other, alternate sponsorship to the extent the invited to file comments on or before and in our view this consideration is out­ advertisers involved wish to order the September 3, 1965, and reply comments weighed by the desirability of making second station, but it would not apply on or before October 5, 1965. With re­ network programing more generally to require placement of programs each spect to the matters contained in the available, to independent stations and of which is multiple-sponsored or “par­ notice of inquiry herein (paragraph 23 to the public. ticipating”, except where a majority of above) all interested parties are invited Furnishing programs to smaller-mar- the advertisers wish such placement. to file comments on or before October 5, ket stations.—Discussion and proposed However, one of the subjects set forth 1965, and reply comments on or before rule. 23. As mentioned above, a source for inquiry below is the possibility of November 4, 1965. In reaching its deci­ of complaint in the past, and a concern presentation where some but not all of sion herein, the Commission may also of the Committee on All-Channel Broad­ the advertisers wish to buy both stations. take into account any other relevant casting, is the failure of networks, in Notice of inquiry. 25. We also are of information before it, in addition to the some instances, to affiliate with, or make the view that inquiry into possible fur­ comments invited. In accordance with programs available to, stations in smaller ther regulation in this area is warranted the provisions of § 1.419 of the Commis­ markets located at some distance from in order to determine whether measures sion’s rules, an original and 14 copies of large-market stations but not completely can be taken to improve the position of all comments, replies, briefs, or other out of the reception range of such sta­ small-market stations in these situations. documents filed in this proceeding shall tions. In the Ada and Marion situations We are not now proposing other specific be furnished the Commission. mentioned, the distance is in the order rules, but comments are invited upon, Adopted : June 2,1965, of 60 or 65 miles, and these cities receive the following questions. As a result of Released: June9,1965. Grade B but not Grade A coverage from the comments, rule making may be in­ at least some of the stations in Oklahoma stituted later. The questions are as F ederal Communications City and Indianapolis respectively. This follows: Co m m issio n,8 of course contrasts with the situation (a) To what extent should the na­ [seal] B en F. W aple, where two large cities are located con­ tional networks be required to affiliate Secretary. siderably closer to each other and where with, or offer programs on a reasonably [P.R. Doc. 65-6153; Piled, June 11, 1965; all three networks have regular affiliates extensive basis to, stations in smaller 8:49 a.m.] jn both (e.g., Baltimore and Washing­ markets located at some distance (e.g., ton). WUHF-TV argues that: 60 miles) from large-market affiliates, [ 47 CFR Part 73 1 but within possible reception range of +wifre every indication that networks use [Docket No. 14229; FCC 65-505] e long” VHP reach to protect the far-flung the large-market stations? mnge areas of their major market VHP afflli- (b) What standards are appropriate EXPANDED USE OF UHF TELEVISION creat^I1S almost insurmountable ob- for use in determining the answer to CHANNELS question (a), taking into account the station t0 *ounc*inS> °* smaller market factors of “duplicated” or “incremental” Further Notice of Proposed Rule m3*« “Barrow Report” discussed this circulation? Possible standards might Making 9ocooi1 at some length (pp. 216-220, include the location of the small-market 1. It has been customary in television S 3;. 264-274, 277-278). The recom- station with respect to a particular sig­ for assignment plans to be based on v.p^.rftlons reached (insofar as they are nal-intensity contour of the large- E ™ ? ? here) were that the networks market station; extent of overlap of sig­ 8 Commissioner Bartley concurring and to file detailed statements nal-intensity contours; amount or per­ issuing a statement filed as part of original concerning their affiliation criteria, in­ centage of “duplicated” circulation and document; Commissioner Loevinger absent. 7672 PROPOSED RULE MAKING maximum facility stations. This philos­ radiated power of 10 kilowatts (10 dbk) nity TV station will be eligible for an ophy has worked out fairly well on the and a maximum antenna height of 300 assignment. There will be no prohibi­ whole, particularly in the larger urban­ feet above average terrain. At greater tion against the assignment of commu­ ized areas where wide coverage is heeded. antenna heights the power would be re­ nity TV stations to individual cities which In such areas it is desirable to provide duced to produce coverage equivalent to are beyond the distances specified in sufficient channels for the three major that provided by 10 kw at 300 feet. paragraph 6 above, even though such networks plus an additional channel for 6. The noise limited Grade B (64 dbu) cities have regular TV assignments. If a fourth national network. It is also contour from such a station would extend an applicant desires to specify more than désirable to set aside one or more addi­ out to approximately I6V2 miles. The one principal city for a community TV tional channels for large independent Grade A (74 dbu) contour would reach station a signal strength of 80 dbu or stations and of course adequate channels out to approximately 9 miles and the more must be placed over the main post must be earmarked for education. If required principal city service contour office in each such city specified. such an array of channels can be pro­ .(8*' dbu) would reach approximately 6 8. UHF translators now assigned vided in the large urbanized areas there miles. In most cases, thsr"average clut­ channels between 70 and 83 will not be is a reasonable likelihood that they will ter losses in smaller cities would be sub­ required to abandon operation because be utilized. stantially lower than those encountered of the new community TV assignments 2. However, if a sufficient number of in the central cities in the urbanized as long as channels are available. There channels are placed in the large urban­ areas and less signal strength would be will of course be more TV broadcast sta­ ized areas the number of channels avail­ needed for satisfactory reception. tions on these channels than before and able for assignment to cities and towns Therefore, 90 percent or more of the thus diminish somewhat the number of surrounding these areas is reduced. receiving locations within the principal channels available to translators, how­ Therefore, past assignment plans have city could obtain satisfactory reception ever, this will also to some extent de­ attempted to strike a compromise where­ for 90 percent or more of the time with crease the need for translators in such by the large urbanized areas were limited less than the 80 dbu normally required areas. Some. translators may have to to fewer assignments than they could in the large cities.1 There may be a change to different channels to improve support so that more of the cities and temptation to use these channels to serve their efficiency on these channels. UHF towns outside the urbanized areas could a part of thé population of large metro­ translators will be able to operate closer have an assignment. This could be justi­ politan areas. This is not the purpose of to community TV stations than to pres­ fied because the dispersal of assignments the new service. Therefore, certain re­ ent UHF stations since the limitation would provide multiple reception over a strictions will be placed on the use of the on location of UHF translators is con­ wider area and at the same time provide channels. The channels may not be ditioned only on observance of the mile­ more cities with their own local outlet. used by transmitters located within 25 age separations specified in the rules and 3. Such a compromise might not be miles of the main post office or other these will be lower for community TV necessary if there existed a class of TV standard reference point of the principal stations. stations similar to the Class A FM broad­ city in any urbanized area (described 9. The proposed separation require­ cast station. A great many of the as­ in the 1960, United States Census) which ments between community stations is signments in our current TV assignment has regular TV channel assignments, or shown below: table are in communities where there is within 10 miles of the nearest boundary Miles little likelihood that a full-powered TV of such an urbanized area, whichever Cochannel ______, ______50 station employing a high antenna will is the least restrictive. Furthermore, ± I channel______20 ever be built. Nonetheless, the assign­ community TV stations will be required ± 2 , 3, 4, 5, and 8 channels______12 ments are so spaced and limited in num­ to place a signal intensity of 80 dbu (10 ± 7 , 14, and 15 channels-______25 ber as to provide nominal protection with millivolts) over the main post office or powers ranging up to 5 million watts other standard reference point of the 10. The proposed separation require­ from an antenna up to 2,000 feet in city intended to be served. This latter ments between community stations and height above average terrain. restriction will provide reasonable flexi­ assignments on channels below 70 (maxi­ 4. One of the undesirable results of the bility for the selection of antenna sites mum facility stations) is shown below: compromise has been the use of “leap­ but will keep the station close to the Miles. frogging” to move the dispersed channels community intended to be served. Com­ ±1 channel - ______—— back into the large cities in fact if not in munity TV channels may be assigned to ± 2 , 3, 4, 5, and 8______— 20 name. This is a technique in which commercial or noncommercial educa­ ± 7 ______:...... 40 channels assigned to outlying cities are tional stations. The restrictions apply ±14 and 15 .______— 50 granted to cities closer to the urbanized to both. 11. Except for the changes proposed areas under the “fifteen mile rule” and 7. Channels for community TV sta­ above, community stations would oper­ subsequently the transmitters are moved tions will not be assigned in advance to ate under the same rules and technical in still closer. In such cases the city to communities through an assignment standards specified for maximum facility which the assignment was originally plan. They will be assigned to qualified stations. made may not receive a local service nor applicants for use in communities speci­ 12. Authority for the institution of will the area which was supposed to fied by such applicants if such is con­ this proceeding, and adoption of rules benefit from the dispersal of these chan­ sistent with the rules proposed herein concerning the matters involved, is nels, receive the service originally in­ or with such modifications as may be found in sections 4(i), 303(c), (f) tended. It is difficult to defend the re­ finally adopted. Applicants will be ex­ (r) of the Communications Act of 1934, tention of these high powered channels pected to select channels that will have as amended. in places where they are unlikely to be the least impact on potential assign­ 13. Pursuant to applicable procedure used for the purposes intended. There ments to other communities in a manner set forth in § 1.415 of the Commissions is therefore need for a relatively low- similar to the system used in our com­ rules and regulations, interested Pe^SOIJ? powered class of station tailored to the puter-derived Table of Assignments for may file comments on or before July i < needs of the medium and small sized regular TV channels. No more than one 1965, and reply comments on or be10. communities but unsuitable for use in commercial and one educational com­ August 5, 1965. All relevant and timeiy the large cities. munity TV station will be assigned to comments and reply comments mil 5. The effective use of channels for this any single city and no city the post office considered by the Commission bei new class of TV station requires the or other standard reference point of final action is taken in this proceeds- designation of a block of channels for which is located within 10 miles of the In reaching its decision in this pr°c® their exclusive use. In this way, co­ transmitter site of an existing commu- ing, the Commission may also take channel spacing can be reduced substan­ account other relevant information tially and the impact of the “taboos” 1 The Committee for Full Development of fore it, in addition to the specific minimized. We are, therefore, proposing All Channel Broadcasting (CAB) has recom­ mended that the required principal city sig­ ments invited by this notice. the channels between 70 and 83 inclusive, nal be increased from 80 dbu to 90 dbu. 14. In accordance with the mov . for this new class of service. Stations If this action is considered it will be the of § 1.419 of the rules, an original_ an would be limited to a maximum effective subject of a separate rule making proceeding. 14 copies of all comments, replies, P Saturday, June 12, 1965 FEDERAL REGISTER 7673 ings, briefs, and other documents shall Louisville, Ga., Copperhill, Clinton, Day- 2. We are of the view that the re­ be furnish ed the Commission, ton, and Oak Ridge, Tenn., Winter Park quested extension is warranted in this and Leesburg, Fla., Crossville and Ath­ case. Since RM-745 (Clinton, Tenn.), Adopted: June 4, 1965. ens, Tenn., and Tucson, Ariz.), Docket is related to one of the petitions involved R eleased: June 8, 1965. No. 16006; RM-694, RM-739, RM-740, in this request we believe that it too RM-743, RM-731, RM-750, RM-736, should have the time for filing comments F ederal Communications RM-675, RM-745, RM-693, M-751. extended. Accordingly, notice is hereby C om m ission, 1. On May 7, 1965, the Commissiongiven that the time for filing comments [seal] B en F. W aple, in this proceeding, insofar as RM-740, Secretary. issued a notice of proposed rule making (FCC 65-386) in the above-entitled RM-675, RM-745, and RM-751 are con­ [F.R. Doc. 65-6154; Filed, June 11, 1965; cerned only, is extended to June 14,1965, 8:49 a.m.] matter inviting comments on a number and for reply comments to June 25, 1965. of proposals to change the FM Table of 3. This action is taken pursuant to the Assignments. The time for filing com­ authority contained in sections 4(i), 5(d) [ 47 CFR Part 73 1 ments was given as June 7, 1965, and for (1), and 303 (r) of the Communications reply comments as June 18, 1965. On Act of 1934, as amended, and § 0.281(d) TABLE OF ASSIGNMENTS, FM June 4, 1965, Mr. Ray R. Paul, counsel (8) of the Commission’s rules and regu­ BROADCAST STATIONS for petitioners in RM-740 (Elizabethton, lations. Tenn.), RM-675 (Copperhill, Tenn.), Adopted: June 7, 1965. Notice of Extension of Time To File and RM-751 (Crossville, Tenn.), filed a Comments request for an extension in which to file Released: June 8, 1965. In the matter of amendment of § 73.- comments in these portions of the pro­ F ederal Communications 202, Table of Assignments, FM Broadcast ceeding until June 14, 1965, and reply Com m ission, comments until June 25, 1965. Mr. Paul [seal] B en F . W aple, Stations (New Albany, Ohio, Decatur, Secretary. Ind., Elizabethton, Tenn., Ocean City, submits that, due to illness, he will not N.J., Oakland (Western) Md., Fairmont have sufficient time to prepare and file [F.R. Doc. 65-6155; Filed, June 11, 1965; and Keyser, W. Va., Aiken, S.C., and the necessary comments. 8:49 ajn.] No. 113------6 Notices

tions, or objections in connection with thority to the Commissioner of Indian DEPARTMENT OF THE INTERIOR the proposed withdrawal may present Affairs), as amended, is further amended their views in writing to the undersigned by the addition of a new subparagraph Bureau of Land Management officer of the Bureau of Land Manage­ to read as follows: [Arizona 032235] ment, Department of the Interior, Fair­ S ec. 30. Authority under specific acts. ARIZONA banks District and Land Office, Post (a) In addition to ahy authority dele­ Office Box 1150, Fairbanks, Alaska. gated elsewhere in this order, the Com­ Order Providing for Opening of The authorized officer of the Bureau of missioner of Indian Affairs, except as Public Lands Land Management will undertake such investigations as are necessary to deter­ provided in paragraph (b) of this section, J une 8,1965. is authorized to perform the functions mine the existing and potential demand and exercise the authority vested in the 1. Pursuant to the Act of May 13,1946 for the lands and their resources. He Secretary of the Interior by the following (60 Stat. 179), the following lands are will also undertake negotiations with the acts or portions of acts or any acts open to entry, subject to the terms and applicant agency with the view of ad­ justing the application to reduce the amendatory thereof: conditions cited below: * * 41 * Gila and Salt R iver Meridian, Arizona area to the minimum essential to meet T. 19 S., R. 26 E., the applicant’s needs, to provide for the (29) Sec. 6 of the Act of September 26, Sec. 16, Si/2. maximum concurrent utilization of the 1961 (75 Stat. 680). lands for purposes other than the appli­ S tewart L. U dall, The area described aggregates 320.00 cant’s, to eliminate lands needed for pur­ Secretary of the Interior. acres. poses more essential than the applicant's 2. The lands are located in Cochise and to reach agreement on the concur­ J u ne 5, 1965. County, approximately 6 miles north of rent management of the lands and their [F.R. Doc. 65-6125; Filed, June 11, 1965; Elfrida. The soil ranges from clay, resources. 8:46 a.m.] sandy to gravelly loam. The topography He will also prepare a report for con­ is relatively level with a westerly slope, sideration by the Secretary of the In­ vegetation consists of tobosa, cane beard, terior who will determine whether or not feather finger and black grama desert the lands will be withdrawn as requested ATOMIC ENERGY COMMISSION grasses, and mesquite trees, by the Department of the Army. [Docket No. 50-228] 3. No application for these lands will The determination of the Secretary on be allowed under the homestead, desert the application will be published in the AEROJET-GENERAL NUCLEONICS land or any other nonmineral public land F ederal R egister. A separate notice Notice of Proposed Issuance of law unless the lands have already been will be sent to each interested party of classified as valuable, or suitable for such record. Facility License type of application, or shall be so classi­ If circumstances warrant it, a public Notice is hereby given that unless a fied upon consideration of a petition-ap­ hearing will be held at a convenient time request for a hearing is filed with the U.S. plication. Any petition-application that and place, which will be announced. Atomic Energy Commission (“the Com­ is filed will be considered on its merits. The lands involved in the application mission”) by Aerojet-General Nucleonics The lands will not be subject to occu­ are: (“the licensee”), or a petition for leave pancy or disposition until they have been Clearwater Lake to intervene is filed by any person whose classified. A tract of land situated on the south bank interest may be affected, as provided by 4. Inquiries concerning these lands of the Tanana River approximately 5.8 miles and in accordance with the Commission’s shall be addressed to: U.S. Bureau of Northeast of Delta Junction, Alaska, more rules of practice, 10 CFR Part 2, within Land Management, Arizona Land Office, specifically described as follows; 15 days after publication of this notice in 3022 Federal Building, Phoenix, Ariz., “What will be when surveyed” the F ederal R egister, the Commission 85025. T .9 S ..R . H E ., F.M., Sec. 33, W i/2 NE % NE % NE 1,4, N W ^N E^ proposes to issue a facility license sub­ F red J. W eiler, NE^4, Ni/2NWy4NEi/4, NE14NE14NW14, stantially in the form set forth below. State Director. Ei/2NWy4NEi/4NWy4 ; The proposed license would authorize the Sec. 28, Wy2Ey2Ey2SEy4 southwest of Ta­ licensee to possess and operate a pool- [FJR, Doc. 65-6149; Filed, June 11, 1965; nana River, W%E%SE% southwest of type nuclear reactor at a maximum ther­ 8:49 a.m.] Tanana River, W%SE% southwest of mal power level of 250 kilowatts at the Tanana River, E%E%SW^4 southwest of AGN plant site near San Ramon, Calif. Tanana River, Ey2E^Ey2SW»4, SE& Construction of the reactor was author­ ALASKA SE%NW]4 southwest of Tanana River Ei/2SWy4SE]4NWy4 southwest of Tanana ized by Construction Permit No. CPRR- Notice of Proposed Withdrawal and River, SE^NW^SE^NW1^ southwest of 86 issued April 16,1965. Tanana River. Prior to issuance of the license the re­ Reservation of Lands actor will be inspected by representatives The area described aggregates approx­ J une 4,1965. of the Commission to determine whether imately 240 acres. The Department of the Army has filed a finding can be made that the reactor an application, Serial Number Fairbanks Ross A. Y oungblood, has been constructed in accordance with 034596, for withdrawal of the lands de­ Manager, Fairbanks District the provisions of Construction Permit No. scribed below, from all forms of appro­ and Land Office. CPRR-86. priation under the public land laws, [F.R. Doc. 65-6136; Filed, June 11, 1965; The Commission has found that: including the mining laws, mineral leas­ 8:47 a.m.] 1. The application complies with tne ing laws, grazing laws, and disposal of requirements of the Atomic Energy A materials under the Material Act of 1947, of 1954, as amended, and the Comnu- as amended. The applicant desires the Office of the Secretary sion’s regulations set forth in Title . land for military purposes as authorized [Order 2508, Arndt. 67] Chapter I, CFR; . t by the Act of June 25, 1910, 36 Stat. 847; 2. There is reasonable assurance t 43 U.S.C.A. 141, and the Act of October WAPATO-SATUS UNIT (i) the activities authorized by wus 31, 1951, 3 U.S^C.A. 301; 65 Stat. 712. cense can be conducted at the designs, ■ For a period/of 30 days from the date Redelegation of Authority; Irrigation location without endangering the n of publication of this notice, all persons Order 2508 (an order by which the and safety of the public, and (l1' . e who wish to submit comments, sugges- Secretary of the Interior delegates au­ activities will be conducted in compi 7674 7675 Saturday, June 12, 1965 FEDERAL REGISTER A. Maximum Power Level. The licensee is attached order under delegated author­ with the rules and regulations of the authorized to operate the reactor at thermal ity. Interested persons are hereby af­ Commission; s , . . ., , power levels up to a maximum of 250 kilo­ forded a period of fifteen days from date 3 The licensee is technically and watts. of service within which to file comments, financially qualified to engage in the pro­ B. Technical Specifications. The Techni­ or request a hearing, with respect to the posed activities in accordance with the cal Specifications contained in Appendix A action proposed in the order. Commission’s regulations; to this license (hereinafter the “Technical 4 The issuance of this license will not Specifications”) are hereby incorporated in Dated at Washington, D.C., June 9, this license. The licensee shall operate the be inimical to the common defense and reactor only in accordance with the Tech­ 1965. security or to the health and safety of nical Specifications. No changes shall be [ seal] J. W. R osenthal, the public. . JT. made in the Technical Specifications unless Chief, Routes and Agreements For further details with respect to this authorized by the Commission as provided Division, Bureau of Economic proposed license, see (1) the license ap­ in 10 CFR 50.59. Regulation. plication dated September 14, 1964, and C. Authorization of Changes, Tests, and supplements thereto dated December 23, Experiments. The licensee may (1) make [Docket 15855] 1964 changes in the reactor as described in the , February 19,1965, and April 9,1965, hazards summary reports, (2) make changes Order Approving Control and I nterlocking (2) a related safety evaluation prepared in the procédures as described in the hazards R elationships by the Research and Power Reactor summary report, and (3) conduct tests or Safety Branch of the Division of Reactor experiments not described in the hazards By application filed February 10, 1965, as Licensing, and (3) the Technical Specifi­ summary report only in accordance with the amended April 1, and May 3, 1965, the Board provisions of § 50.59 of the Commission’s has been requested to approve under section cations referred to as Appendix A to the 408 of thè Federal Aviation Act of 1958, as proposed facility license, all of which are regulations. D. Reports. In addition to reports other­ amended (the Act), relationships resulting available for public. inspection at the from the common control by A. E. Dean of Commission’s Public Document Room, wise required under, this license and appli­ Dean Export International, Inc. (Export), cable regulations: 1717 H Street NW., Washington, D.C. A (1) The licensee shall report in writing and Dean Van and Storage, Inc. (Storage) copy of item (2) above may be obtained and, through Storage of Dean Van Lines, to the Commission within 10 days of its ob­ Inc. (Van). The application also requests at the Commission’s Public Document served occurrence any incident or condition Room, or upon request addressed to the relating to the operation of the facility which approval of certain interlocking relationships Atomic Energy Commission, Washing­ prevented or could have prevented a nuclear as set forth in Appendix A hereto.1 system from performing its safety function Van is an interstate motor common car­ ton, D.C., 20545, Attention: Director, rier of household goods and an applicant Division of Reactor Licensing. as described in the Technical Specifications or in the hazards summary report. for domestic and international air freight (2) The licensee shall report to the Com­ forwarder authority restricted to the move­ Dated at Bethesda, Md., this 9th day ment of household goods.2 Export is a sur­ of June 1965. - mission in writing within 30 days of its ob­ served occurrence any substantial variance face freight forwarder of household goods; and Storage is an intrastate motor common For the Atomic Energy Commission. disclosed by operation of the facility from performance specifications contained in the carrier of household goods. R . L. D oan, hazards summary report or the Technical No adverse comments or requests for a Director, hearing have been received. Division of Reactor Licensing. Specifications. Notice of intent to dispose of the applica­ (3) The licensee shall report to the Com­ tion without a hearing has been published mission in writing within 30 days of its oc­ Proposed Facility License in the F ederal Register, and a copy of such currence any significant change in transient notice has been furnished by the Board to 1. This license applies to the pool-type or accident analysis, as described in the haz­ the Attorney General not later than the day nuclear reactor, known as the AGN Indus­ ards summary report. following the date of such publication, both trial Reactor (hereinafter “the reactor”) E. Records. In addition to those other- in accordance with the requirements of sec­ . wise required under this license and appli­ which is owned by Aerojet-General Nucleon­ tion 408(b) of the Act. ics (hereinafter “the licensee”), located at cable regulations, the licensee shall keep the Upon consideration of the application, it is the AGN plant site near San Ramon, Calif, following records: concluded that Export and Storage are com­ and described in the application dated Sep­ (1) Reactor operating records, including mon carriers within the meaning of section tember 14, 1964, and supplements thereto power levels. 408 of the Act, and that the common control dated December 23, 1964, February 19, 1965 (2) Records of in-pile irradiations. of Van, Export and Storage by Mr. Dean is and April 9, 1965 (hereinafter “the applica­ (3) Records showing radioactivity released tion”) . subject to section 408 of the Act. However, or discharged into the air or water beyond it has been further concluded that such re­ 2, Subject to the conditions and require­ the effective control of the licensee as meas­ lationships do not affect the control of an ments incorporated herein, the Atomic En­ ured at the point of such release or discharge. air carrier directly engaged in the operation ergy Commission ^(hereinafter “the Commis­ (4) Records of emergency reactor scrams, of aircraft in air transportation, do not result including reasons for emergency shutdowns. sion”) hereby licenses Aerojet-General in creating a monopoly and do not tend to Nucleonics : 4. This license is effective as of the date of restrain competition or Jeopardize another A. Pursuant to section 104c of the Atomic issuance and shall expire at midnight April air carrier not a party to the acquisition of Energy Act of 1954, as amended (hereinafter 16, 2005. control. Furthermore, no person disclosing “the Act”) and Title 10, CFR, Chapter I, Date of issuance : a substantial interest in this proceeding has Part 50, “Licensing of Production and Uti­ requested a hearing. And it is found that lization Facilities,” to possess, use and oper­ For the Atomic Energy Commission. • the public interest does not require a hear­ ate the reactor as a utilization facility at the R. L. Doan, ing. It therefore appears that approval of designated location at the AGN plant site Director, the control relationships would not be in­ »ear San Ramon, Calif.; Division of Reactor Licensing., consistent with the public interest. B. Pursuant to the Act and Title 10, CFR, It is also concluded that interlocking rela­ Chapter I, Part 70, “Special Nuclear Mate­ [F.R. Doc. 65-6171; Filed, June 11, 1965; tionships within the scope of section 409(a) rial,” to receive, possess and use up to 2.6 8:50 a.m.] of the Act will exist between the companies kilograms of contained uranium-235 in con­ as a result of the holding by Miss Harben nection with operation of the reactor; and Messrs. Dean, Steffens, Peters, Eggleston, C. Pursuant to the Act and Title 10, CFR, Wakeling, and Sax of the positions described Chapter I, Part 30, “Licensing of Byproduct CIVIL AERONAUTICS BOARD Material,” (l) to receive, possess and use a -curie americium-beryllium neutron source 1W. C. Fogle, Executive Vice President, and or reactor startup and (2) to possess, but DEAN VAN LINES, INC., ET AL. a Director of Van, holds no other positions to separate, such byproduct material as Notice of Proposed Approval which are within the scope of sec. 409 of the ay be produced by operation of the reactor. Act. Accordingly, the application will be 3' p 1*8 license shall be deemed to contain Application of Dean Van Lines, Inc., dismissed insofar as it requests approval of . g g subject to the conditions specified et al., for approval of control and inter­ interlocking relationships involving Mr. An-fo of Part 50> § 70.32 of Part 70 and locking relationships under sections 408 Fogle. 0.32 of Part 30 of the Commission’s regu- and 409 of the Federal Aviation Act of 2 The term “household goods” has been P?» arwl to be subject to all applicable defined by the Board in the Air Freight For­ nnrt 181°ns °i the Act and rules, regulations 1958, as amended, Docket 15855. warder Authority Case, Order E -21056, July af, orc*ers °f the Commission now or here- Notice is hereby given, pursuant to the 10, 1964, Docket 12193, et al. For the pur­ effect: arwt Is subject to the addi­ statutory requirements of section 408 (b), poses of the instant proceeding, Van is con­ tional conditions specified below: that the undersigned intends to issue the sidered to be an air carrier. 7676 NOTICES

in Appendix A hereto. However, it is further sions of Part 251 of the Board’s Economic copter carriers4 and two6 of them indi­ concluded that the parties have made a due Regulations, as now in effect or hereafter showing in the form and manner prescribed amended; and cated they would look with favor on such that such interlocking relationships will not 3. That, to the extent not granted above,action. The present multielement rate adversely affect the public interest. the application be and it hereby is dismissed. for domestic carriers is comprised of a Pursuant to authority duly delegated by Persons entitled to petition the Board for line-haul rate of 30.17 cents per ton- the Board in the Board’s Regulations, 14 CFR review of this Order pursuant to the Board’s mile of priority mail carried and a ter­ 385.13, it is found that the foregoing control Regulations, 14 CFR 385.50, may file such minal charge which varies by class of relationships should be approved under sec­ petitions within 5 days after the date of serv­ station as follows: tion 408(b) of the Act, without a hearing, ice of this Order. and that the interlocking relationships This Order shall be effective and become should be approved under section 409. Terminal rate the action of the Civil Aeronautics Board Class of station Revenue tons all traffic per pound of Accordingly, it is ordered: upon, expiration of the above period unless enplaned per year priority air­ 1. That the common control by A. E. Dean within such period a petition for review mail of Dean Export International, Inc., Dean Van thereof is filed, or the Board gives notice & Storage, Inc., and Dean Van Lines, Inc. be that it will review this Order on its own Cents T> and it hereby is approved; motion. A______-4 8 § 0 4 3.32 2. That the interlocking relationships B______750-6,999.. 6.64 By J. W. R osenthal, C...... 60-749 ____ 9.96 existing by reason of the holding by Miss D...... 33.21 Harben and Messrs. Dean, Steffens, Peters, Chief, Routes and Agreements Division, Bureau of Economic Regulation. Eggleston, Wakeling, and Sax of the positions At the rate now in effect the helicopter set forth in Appendix A hereto be and they (seal] Harold R. Sanderson, carriers as a group received $239,601 for hereby are approved, subject to the provi- Secretary. the carriage of 91,650 ton-miles of prior­ ity mail during calendar year 1964; un­ Appendix A der the multielement rate this carriage INTERLOCKING RELATIONSHIPS IN DOCKET 15855 would have produced compensation of $392,076 to those carriers, as follows: Individual Van Export - Storage Airmail Ton-mile Airmail revenues yield A. E. Dean______President and director. Carrier Ton- revenue under under A. D. Steffens_____ Vice president and director. Vice president and director__ Vice president. miles received multi- multi- M. Audry Harben... Director_____ ...... 1 .. Executive vice president and element element director. rate rate. Donald M. Peters... Vice president and director. Vice president and director__ Vice president and director. Treasurer. S. T. Wakeling____ Assistant treasurer______Vice president, treasurer, and Chicago Heli- director. copter....__ 1,906 $4,903 $7,301 $3.83 Samuel E. Sax.____ Secretary and director____ Secretary and director...... Secretary and director. Los Angeles Airways___ 67,334 174,618 300,050 4.46 New York [F.R. Doc. 65-6167; Filed, June 11, 1965; 8:50 a.m.] Airways__ i 19,782 53,801 68,663 3.47 San Francisco and Oakland 6.Tl (Docket No. 16222 etc.; Order E-22281] carriers is de minimis, and is not “like Helicopter... 2,628 6,279 .16,062 service” so as to bring SFO Helicopter Total...... 91,650 239,601 392,076 4.28 SAN FRANCISCO & OAKLAND HELI­ within the concept of the multielement COPTER AIRLINES, INC., ET AL. mail rate formula which is geared! to like Application of the current domestic payment for like services. The answer multielement rate appears to be war­ Order Instituting Proceeding and also stated that, since alternative motor ranted on several grounds. First, the Order To Show Cause vehicle service is available at lower cost, higher rate per ton-mile yielded by the Adopted by the Civil Aeronautics Board the proposed rate increase would lead multielement rate would more closely ap­ at its office in Washington, D.C., on the to even more curtailment2 and possible proximate the true costs of current 9th day of June 1965. complete termination of the use of the helicopter services than does the current On February 4, 1964, San Francisco & SFO Helicopter service for carriage of rate of $2.58 per ton-mile. The multi­ Oakland Helicopter Airlines, Inc. (SFO mail. element rate is designed to give recog­ While SFO Helicopter in fact carries nition to the higher unit costs of short- Helicopter), petitioned for the same serv­ comparatively little mail in competition haul transportation and service to the ice mail rate as that now in effect for the with fixed-wing carriers, the considera­ smaller points. Finally, such action domestic trunkline, local service, and all­ tions here are much broader than the would bring the helicopter carriers un­ cargo carriers.1 The carrier asserted mail rate for this one carrier and extend der the same rate by which all other that it is in competition with various to all four certificated helicopter carriers domestic carriers are currently compen­ certificated fixed-wing carriers in the and the adequacy of the service mail rate sated for the carriage of air mail. carriage of mail across San Francisco of $2.58 per mail ton-mile8 which has Since we have heretofore established Bay but that it fails to receive the same been in effect since 1953 without revision. service mail rates for the helicopter car­ compensation for its service* It is stated In the light of current developments with riers as a class, and since we propose to that the fixed-wing carrier compensation regard to the subsidy of three of the adhere to that policy herein, it is appro­ is $70.02 for a ton of mail hauled the carriers, and the financial condition of priate that the proposed revision be ef­ twelve miles between the San Francisco SFO, it appears critical that the exist­ fected on a prospective basis for all four and Oakland Airports whereas its com­ carriers.8 Accordingly, we will also pro- pensation for the same service by heli­ ing rate be revised and be increased to copter is only $30.96. SFO Helicopter accord with the current facts. However, a protracted proceeding to determine the 4 At a meeting arranged by the Bureau of further pointed out that because of the cost of helicopter mail services is not Economic Regulation and held at the Board expanding nature of its operation so­ feasible at this time, and we believe that on Mar. 18, 1965, with the P ost Office Depart­ phisticated costing would be speculative consideration should be given to con­ m ent participating. but it believes it is clearly entitled to re­ 5 Chicago Helicopter Airways, Inc., and New ceive at least the existing multielement forming the mail rate to the formula in York Airways, Inc. mail rate paid the other domestic effect for other domestic carriers. 8 The service mail rates of the Chicago, Ne carriers. Comments were informally solicited York, and Los Angeles helicopter carriers ar from the other three certificated heli- not open at this time and thus no retroacti By answer of September 4, 1964, the adjustment is possible for these carriers, Postmaster General opposed the petition addition, the action proposed herein shah of SFO Helicopter on the grounds that 4 SFO Helicopter’s priority mail tonnage open the service mail rates of these tnree the service competitive with fixed-wing has declined from 93 tons in the first quarter carriers and they shall continue to oper of 1964, to 32 in the second, 17 in the third, under the presently closed service mail ra and 8 in the fourth (per Form 41). until such time as may be established m 1 Order E-9630, 21 CAB 894 (1955). 8 Order E-7721,17 CAB 898 (1953). proceeding. 7677 Saturday, June 12, 1965 FEDERAL REGISTER Dose to reestablish the rate of $2.58 per service mail rate to be paid entirely by This order will be published in the mail ton-mile as the final service mail the Postmaster General under section F ederal R egister. rate for SFO Helicopter for the period 406(c) of the Act and shall not include By the Civil Aeronautics Board. from February 4, 1964, to June 18, 1965, any issue as to the subsidy to be paid such inclusive. „ carriers by the Board pursuant to section [ seal] H arold R . S anderson, Upon consideration of the foregoing, 406(b) (3) of the Act; Secretary. SFO Helicopter’s petition, the answer of B. That the petition of San Francisco Appendix A the Postmaster General, the need of the & Oakland Helicopter Airlines, Inc., for HELICOPTER AIR MAIL SERVICE helicopter operators for compensatory the determination and fixing of a final service mail rates and matters officially service mail rate in Docket 15012 is here­ Classification of Stations for Determination noticed the Board proposes to issue an by consolidated into this proceeding; of Terminal Charges order to include the following findings C. That all interested persons, and Class A Stations 1 and conclusions: particularly Chicago Helicopter Airways, 1. The fair and reasonable final rates Inc., Los Angeles Airways, Inc., New York John P. Kennedy International Airport, N.Y. of compensation to be paid Chicago Heli­ Airways, Inc., San Francisco & Oakland Los Angeles International Airport, Calif. Helicopter Airlines, Inc., and the Post­ Newark Airport, N.J. copter AirWays, Inc., Los Angeles Air­ Oakland International Airport, Calif. ways, Inc., New York Airways, Inc., and master General, are directed to show O’Hare Field, 111. San Francisco & Oakland Helicopter Air­ cause why the Board should not adopt San Francisco International Airport, Calif. lines, Inc., for the transportation of mail the foregoing proposed findings and con­ by aircraft, the facilities used and useful clusions, and fix, determine, and publish Class B Stations 1 therefor, and the services connected the rates stated in numbered paragraphs Anaheim/Disneyland Heliport, Calif. therewith between the points which the 1 and 2 of the foregoing proposed find­ Berkeley Heliport, Calif. carriers have been, are presently, or here­ ings and conclusions as to the fair and Burbank-Bockheed Air Terminal, Calif. after may be authorized to transport reasonable rates to be paid the afore­ Los Angeles Terminal Annex Heliport, Calif. mail by their certificates of public con­ mentioned carriers for the transporta­ Manhattan Heliport, N.Y. tion of mail by aircraft, the facilities used Midway Airport, 111. venience and necessity or Board exemp­ Newport Beach Heliport, Calif. tion order on and after June 19, 1965, and useful therefor, and the services Oakland Heliport, Calif. are the rates specified in paragraph B, connected therewith between the points Ontario Airport, Calif. Order E-9630, dated October 7, 1955, 21 which the carriers have been, are pres­ Pomona Heliport, Calif. CAB 894, except that the stations in­ ently, or hereafter may be authorized San Bernardino Heliport, Calif. cluded in the cited station classes shall to transport mail by their certificates of be as specified in Appendix A attached public convenience and necessity or Class C Stations 1 hereto, and any station not listed in said Board exemption order on and after Chicago Loop Heliport, 111. appendix shall be classified as a Class C the dates specified in the above-num­ Gary Heliport, Ind. station. bered paragraphs 1 and 2; Glendale Heliport, Calif. 2. The fair and reasonable final rate D. That all further procedures herein Marin County Heliport, Calif. shall be in accordance with the rules Riverside Heliport, Calif. of compensation to be paid San Fran­ Santa Monica Heliport, Calif. cisco & Oakland Helicopter Airlines, Inc., of practice (14 CFR Part 302); and if Van Nuys Heliport, Calif. for the transportation of mail by air­ there is any objection to the rate or to craft, the facilities used and useful there­ the other findings and conclusions pro­ Class D Stations 1 for, and the services connected therewith posed herein, notice thereof shall be filed Whittier Heliport, Calif. between the points which the carrier has within 7 days, and, if notice is filed, written answers and supporting docu­ [F.R. Doc. 65-6168; Filed, June 11, 1965; been, is presently, or hereafter may be 8:50 a.m.] authorized to transport mail by its cer­ ments shall be filed within 30 days, after tificate of public convenience and neces­ the date of service of this order; sity or Board exemption order from E. That if notice of objection is not February 4, 1964, through June 18, 1965, filed within 7 days, or if notice is filed [Docket No. 15684] is $2.58 per mail ton-mile. and answer is not filed within 30 days, CHICAGO HELICOPTER AIRWAYS, 3. Such service mail rates shall be paid after service of this order, all persons in their entirety by the Postmaster Gen­ shall be deemed to have waived the right INC. eral pursuant to section 406(c) of the to a hearing and all other procedural Notice of Hearing Federal Aviation Act of 1958, and no steps short of a final decision by the part of such amount shall be paid by Board, and the Board may enter an order Notice is hereby given, pursuant to the the Board. incorporating the findings and conclu­ provisions of the Federal Aviation Act of Accordingly, pursuant to the Federal sions proposed herein and fixing and de­ 1958, as amended, that hearing in the Aviation Act of 1958, and particularly termining the final rate specified herein; above-entitled proceeding is assigned to sections 204(a) and 406 thereof, F. That if answer is filed it shall spec­ be held on July 7,1965, at 10 a.m., e.d.s.t., It is ordered: ify the helicopter carrier or carriers to in Room 1027, Universal Building, Florida A. That a proceeding is hereby in­ which objection is made to the adoption and Connecticut Avenues NW., Washing­ stituted to fix and determine the fair of the service mail rates proposed herein ton, D.C., before the undersigned Ex­ and reasonable final rates of compensa­ and such objection relative to any one aminer. or more helicopter carriers shall not op­ tion to be paid to Chicago Helicopter Dated at. Washington, D.C., June 8, Airways, Inc., Los Angeles Airways, Inc., erate to preclude the Board from adopt­ ing a final order establishing the service 1965. and New York Airways, Inc., for the mail rates proposed herein for any other transportation of mail by aircraft, the [seal ] J ames S . K eith , helicopter carrier or carriers against Hearing Examiner. acuities used and useful therefor, and which no objection is made; and, the he services connected therewith between issues involved in determining the fair [F.R. Doc. 65-6169; Filed, June 11, 1965; he points which the carriers have been, and reasonable final rates shall be 8:50 a.m.] are presently, or hereafter may be au­ limited to those specifically raised by thorized to transport mail by their cer- answer, except insofar as other issues cates of public convenience and neces- are raised in accordance with Rule 307 ,?r ^ oard exemption order, to be of the rules of practice (14 CFR 302.307); Class of Revenue tons all Terminal rate station traffic enplaned effective on and after June 19,1965. The and per year per pound ns ltution of this proceeding shall not G. That this order be served Upon Chi­ n the effective final mail rates of cago Helicopter Airways, Inc., Los Cents A 3.32 fr«ie i hree carriers during the period Angeles Airways, Inc., New York Air­ B _ 750-6,999...... ----- 6.64 iqfi. the date of this order to June 19, ways, Inc., San Francisco & Oakland c 60-749______9.96 33.21 r>w«' j Proceeding shall be con­ Helicopter Airlines, Inc., and the Post­ D . ed only with the fair and reasonable master General. 7678 NOTICES

[Docket No. 12285 etc.] 2. C & S’s application when originally parties may seek intervention pursuant filed on May 11, 1962, requested use of to § 1.223 of the Commission’s rules. NEW YORK-FLORIDA RENEWAL CASE Channel 233 in Clarksville. However, Likewise, since the Fort Campbell appli- Notice of Prehearing Conference because of conflicts with other then- cation has been on file for almost as long, pending applications and later because a party desiring to file a competing appli­ Notice is hereby given that a prehear­ of the FM allocation rule-making pro­ cation was on notice that that applica­ ing conference in the above-entitled ceeding (Docket No. 14185) C & S’s ap­ tion could have been acted upon immedi­ matter is assigned to be held on July 8, plication remained in pending status. ately if C & S’s waiver request had been 1965, at 10 a.m., e.d.s.t., in Room 1027, Ultimately, Channel 300 (but not Chan­ denied and therefore had ample oppor­ Universal Building, Connecticut and nel 233) was allocated to Clarksville and tunity to file a competing application. Florida Avenues NW., Washington, D.C., C & S tendered an amendment to specify 5. Fort Campbell’s application, al­ before Examiner William J. Madden. Channel 300. This amendment has not though mutually exclusive with that of In order to facilitate the conduct of been accepted because C & S proposed an C & S does not specify use of the channel the conference, interested parties are in­ operation on that channel from its AM 300 in Clarksville, instead they propose structed to submit to the examiner and site which would be short-spaced to Sta­ use of that channel in a different city. other parties on or before June 24, 1965: tion WCOR-FM Lebanon, Tenn., on Rather, Fort Campbell’s application is (1) Motions with respect to the scope Channel 297. Along with its tendered premised on § 73.203(b), the “25-mile’’ of the issues or for consolidation of ap­ amendment. C & S submitted a request rule which permits applicants to specify plications; (2) statements of position as for waiver of the minimum separations a community not listed in the table if it to use which should be made of existing required by § 73:207 of the rules in which is within 25 miles of the community to record; (3) proposed statements of is­ it points out that the proposed spacing which the channel is assigned in the sues; (4) proposed stipulations; (5) re­ would be 64.05 miles, only 0.95 mile less table. Because the applicants propose quests for information; (6) statements than the 65 miles required. C & S argues different cities, a 307 (b) issue is required. of positions of parties; and (7) proposed that the only way it could avoid the In addition, since there is a significant procedural dates. short-spacing would be to operate at a difference in the populations to be served Dated at Washington, D.C., June 8, site some distance from its standard by the two proposals, a comparative 1 1965. broadcast station WJZM or to change the mv/m coverage issue is required in the WJZM site so that an FM operation event the 307(b) issue is not determina­ [ seal! F rancis W . B row n, would meet the spacing requirements. tive. Chief Examiner. Either course of action it feels, would 6. On November 7, 1962, the Commis­ [F.R. Doc. 65-6170; Filed, June, 11, 1965; create serious problems adversely af­ sion granted Fort Campbell’s application 8:50 a.m.j fecting the public interest. According for a new standard broadcast station at to C & S there are few FM receivers in Fort Campbell, and in so doing found it the Clarksville area and until such time to be a community within the meaning as the listening audience is developed FM of § 73.30(a) of the rules. The condi­ FEDERAL COMMUNICATIONS revenues will be low. Thus, in its opin­ tion attached to that permit requiring ion, the economies1 offered by operation that station identification must be made COMMISSION in conjunction with WJZM are indispens­ in a way to indicate the private character [Docket Nos. 16037, 16038; FCC 65-481] able to the success of its proposed FM of the station is equally relevant here station. Likewise, C & S states that it and will be attached to Fort Campbell’s CAMPBELL AND SHEFTALL AND FORT cannot relocate WJZM to permit a joint permit if its application is granted. CAMPBELL BROADCASTING CO. operation from a site meeting the sep­ 7. Except as indicated by the issues aration requirements because such a specified below, the applicants appear to Memorandum O pinion and Order move would create new areas of AM be legally, technically, financially, and interference with station WABD, Fort otherwise qualified to operate as pro­ Designating Applications for Con­ Campbell, Ky. solidated Hearing on Stated Issues posed; however, the Commission is un­ 3. We have concluded that under these able to make the statutory finding that In re applications of Gladys W. Camp­ circumstances the 0.95 mile proposed a grant of either of the above-captioned bell, John Parry Sheftall, and John H. short-spacing is justified and that waiver applications would serve the public in­ Bailey doing business as Campbell and of § 73.207 of the rules to permit accep­ terest, convenience, and necessity and is Sheftall, Clarksville, Tenn., Docket No. tance of the amendment is warranted.2 of the opinion that the applications must 16037, File No. BPH-3770, requests 107.9 4. Section 1.580(b) of the rules speci­ be designated for hearing in a consoli­ me, #300; 28.5 kw, 159 feet; J. Shelby fies that action will not be taken on an dated proceeding on the issues s p e c ifie d McCallum, Gary H. Latham, and E. T. application as filed or amended until 30 below: Breathitt, Jr., doing business as Fort days after public notice of the filing of Accordingly, it is ordered, This 2d day Campbell Broadcasting Co., Fort Camp­ the application or major amendment. of June 1965, That the provisions of bell, Ky., Docket No. 16038, File No. Section 309(b) of the Communications § 1.580(b) of the Commission’s rules are BPH-4209, requests 107.9 me, #300; Act of 1934, as amended, imposes a sim­ waived on the Commission’s own motion, 38.9 kw, 156 feet; for construction ilar 30-day waiting period, but by its that, pursuant to section 309(e) of the permits. terms applies only to grant of the appli­ Communications Act of 1934, as 1. The Commission has before it for cation. Thus, simultaneous acceptance amended, the applications are designated consideration: (a) The above-captioned of the amendment and designation of for hearing in a consolidated proceed­ and described applications; (b) petition the application for hearing is in conflict ing, at a time and place to be specified in for waiver of § 73.207 of the Commis­ with our rules, but not with the act. We a subsequent Order, upon the following sion’s rules filed by Campbell and have concluded that waiver of this pro­ issues: Sheftall (“C & S” herein) on September vision on our motion is warranted. Our 1. To determine whether the proposal 12, 1963; (c) petition to withhold action action designating this application and of Fort Campbell Broadcasting Co. would on application of Fort Campbell Broad­ the mutually exclusive Fort Campbell provide a signal strength of at least 3.io casting Co. in the event of denial of proposal discussed infra will not operate mv/m to the entire Fort Campbell nun" Campbell and Sheftall’s pending peti­ to deprive interested parties of their op­ tary reservation, as required by § J3“" tion for waiver of § 73.207 of the Com­ portunity to object, since interested (d) and if not, whether circumstances mission’s rules filed by C & S on Janu­ ___ u : - i ______v» 4- TTToivPr Of tfllS ary 28, 1964; and (d) answer to petition 1C & S has estimated that construction section. . to withhold action on Application of Fort costs would be $25,635 at the WJZM site 2. To determine, in the light of sect“ , Campbell Broadcasting Co. in the event and $44,635 elsewhere, and that operational 307(b) of the Communications Act m of denial of Campbell and Sheftall’s costs of the first year would be increased 1934, as amended, which of the Pr°P°® , from $12,000 to $15,900. would better provide a fair, efficient, a pending petition for waiver of § 73.207 2 Consequently, C & S’s petition request­ of the Commission’s rules filed by Fort ing us to withhold action on the Fort Camp­ equitable distribution of radio servic . Campbell Broadcasting Co. (Fort Camp­ bell proposal in the event we deny their re­ 3. To determine in the event it is con­ bell) on February 12, 1964. quest, will be dismissed as moot. cluded that a choice between the app Saturday, June 12, 1965 FEDERAL REGISTER 7679 cations could not be based solely on con­ It is further ordered, That in the event cially, and otherwise qualified to con­ siderations relating to section 307(b) of a grant of the Port Campbell applica­ struct and operate as proposed; and the populations within each of the pro­ tion, the construction permit shall con­ It further appearing, that the above- posed 1 mv/m contours and the avail­ tain the following condition: The au­ captioned applications are mutually ex­ ability of other PM services (at least 1 thority granted herein is subject to the clusive in that operation by the appli­ mv/m) to such populations. condition that station identification must cants as proposed would result in mu­ 4. To determine, in the event it is con­ be made so as to indicate clearly that the tually destructive interference; and cluded that a choice between the appli­ radio station is a privately owned civilian It further appearing, that since the cations would not be based solely on con­ activity which is in no way sponsored by Eastern Long Island Broadcasters, Inc. siderations relating to section 307(b), or in any manner connected with the De­ proposal specifies Sag Harbor and the which of the operations proposed in the partment of the Army or other agency Reunion Broadcasting Corp. proposal above-captioned applications would bet­ of the U.S. Government. specifies East Hampton it is necessary to determine, pursuant to section 307 (b) of ter serve the public interest, in light of Released: June 7, 1965. the evidence adduced pursuant to the the Communications Act of 1934, as foregoing issues and the record made F ederal Communications amended, which of the proposals would with respect to the significant differences Co m m issio n , better provide a fair, efficient and equi­ between the applicants as to: [seal] B en F . W aple, table distribution of radio service; and (a) The background and experience Secretary. It further appearing, that it has not of each having a bearing on the appli­ [F.R. Doc. 65-6157; Filed, June 11, 1965; been determined whether the antenna cant’s ability to own and operate the pro­ 8:49 a.m.] proposed by Eastern Long Island Broad­ posed PM broadcast station. casters, Inc., will constitute a menace to (b) The proposals of each of the ap­ air navigation; and plicants with respect to the management [Docket Nos. 16031, 16032; FCC 65M-739] It further appearing, that, in view of and operation of the proposed stations. CAPITAL BROADCASTING CORP. AND the foregoing, the Commission is unable (c) The programing services proposed CAPITAL NEWS, INC. to make the statutory finding that a in each of the applications. grant of the subject applications would 5. To determine in the light of the Order Scheduling Hearing serve the public interest, convenience, evidence adduced pursuant to the fore­ and necessity, and is of the opinion that going issues, which of the applications In re applications of Capital Broad­ the applications must be designated for should be granted. casting Corp., Frankfort, Ky., Docket No. hearing in a consolidated proceeding on It is further ordered, That the petition 16031, File No. BPH-4195; Capital News, the issues set forth below. for waiver of § 73.207 of the Commis­ •Inc., Frankfort, Ky., Docket No. 16032, It is ordered, That, pursuant to section sion’s rules filed by Campbell and Shef- File No. BPH-4249; for construction 309(e) of the Communications Act of tall is granted and said section of the permits. 1934, as amended, the applications are rules is waived. It is ordered, This 8th day of June designated for hearing in a consolidated It is further ordered, That Campbell 1965, that Herbert Sharfman shall serve proceeding, at a time and place to be and Sheftall’s petition to withhold action as the presiding officer in the above-en­ specified in a subsequent Order, upon the on application of Port Campbell Broad­ titled proceeding; that the hearings following issues: casting Co. in the event of denial of therein shall commence at 10 a.m. on 1. To determine the area and popula­ Campbell and Sheftall’s pending petition September 9, 1965; and that a prehear­ tion within each of the proposed 1 mv/ for waiver of § 73.207 of the Commis­ ing conference shall be convened at 9 m contours and the availability of other sion’s rules and Fort Campbell Broad­ a.m. on July 13, 1965; And, it is further FM service (at least 1 mv/m) to such casting Co.’s answer to this petition are ordered, That all proceedings shall be areas and populations. dismissed as moot. held in the Offices of the Commission, 2. To determine whether there is a It is further ordered, That, to avail Washington, D.C. reasonable possibility that the tower themselves of the opportunity to be Released: June 9,1965. height and location proposed by Eastern heard, the applicants herein, pursuant Long Island Broadcasters, Inc., would to § 1.221(c) of the Commission rules, in F ederal Communications constitute a menace to air navigation. person or by attorney, shall, within 20 Com m ission, 3. To determine, in the light of section days of the mailing of this order, file with [ seal] B en F . W aple, 307(b) of the Communications Act of the Commission in triplicate, a written Secretary. 1934, as amended, which of the proposals appearance stating an intention to ap­ [FJt. Doc. 65-6158; Filed, June 11, 1965; would better provide a fair, efficient, and pear on the date fixed for the hearing 8:49 am .] equitable distribution of radio service. and present evidence on the issues speci­ 4. To determine, in the event it is con­ fied in this order. cluded that a choice between the applica­ It is further ordered, That the appli­ [Docket Nos. 16033,16034] tions should not be based solely on con­ cants herein shall, pursuant to section EASTERN LONG ISLAND BROADCAST­ siderations relating to section 307 (h), 311(a) (2) of the Communications Act ERS, INC., AND REUNION BROAD­ which of the operations proposed in the of 1934, as amended, and § 1.594 of the above-captioned applications would Commission’s rules, give notice of the CASTING CORP. better serve the public interest, in light hearing, either individually, or if feasi- Order Designating Applications for of the evidence adduced pursuant to the oie and consistent with the rules, jointly, Consolidated Hearing on Stated foregoing issues and the record made ^me and in the manner pre­ with respect to the significant differences scribed in such rule, and shall advise the Issues between the applicants as to: ^ommission of the publication of such In re applications of Eastern Long Is­ (a) The background and experience of notice as required by § 1.594(g) of the land Broadcasters, Inc., Sag Harbor, each having a bearing on the applicant’s rules. N.Y., Docket No. 16033, File No. BPH- ability to own and operate the FM sta­ . J s further ordered, That the issues 4321, requests: 92.1 me, #221; 3 kw; 300 tion as proposed. the above-captioned proceeding may ft.; Reunion Broadcasting Corp., East (b) The proposals of each of the appli­ oe enlarged by the Examiner, on his own Hampton, N.Y., Docket No. 16034, File cants with respect to management and or on P otion properly filed by a No. BPH-4460, requests: 92.1 me, #221; operation of the FM broadcast station as party to the proceeding, and upon suf- 3 kw; 300 ft.; for construction permits. proposed. ¡ f f f , allegations of fact in support The Commission, by the Chief of the (c) The programing services proposed = eo/’J3y the addition of the following Broadcast Bureau under delegated au­ in each of the above-captioned applica­ nwo«SLT 1“determine whether the funds thority, considered the above-captioned tions. «nnoKi e aPPlicant will give rea- applications on June 8th, 1965; 5. To determine, in the light of the evi­ sonawe assurance that the proposals set It appearing, that, except as indicated dence adduced pursuant to the foregoing tuated1*1 the application will be effec- by the issues specified below, each of the issues which, if either, of the applica­ applicants is legally, technically, finan­ tions should be granted. 7680 NOTICES

It is further ordered, That, the Federal It further appearing, that, in view of [Docket Nos. 16039, 16040; FCC 65M-734] Aviation Agency is made a party to the the foregoing, the Commission is unable proceeding. to make the statutory finding that a FINE MUSIC BROADCASTS, INC., AND It is further ordered, That, to avail grant of the subject applications would BELK BROADCASTING CO OF themselves of the opportunity to be serve the public interest, convenience, FLORIDA, INC. heard, the applicants and party respond­ and necessity, and is of the opinion that ent herein,-pursuant to § 1.221(c) of the the applications must be designated for Order Scheduling Hearing Commission’s rules, in person or by at-N hearing in a consolidated proceeding on In re applications of Fine Music Broad­ tomey, shall, within 20 days of the mail­ the issues set forth below. casts, Inc., Jacksonville, Fla., Docket No ing of this order, file with the Commis­ It is ordered, That, pursuant to section 16039, File No. BPH-3604; Belk Broad­ sion in triplicate, a written appearance 309(e) of the Communications Act of casting Co. of Florida, Inc., Jacksonville stating an intention to appear on the 1934, as amended, the applications are Fla., Docket No. 16040, File No. BPH- date fixed for the hearing and present designated for hearing in a consolidated 4772; for construction permits. evidence on the issues specified in this proceeding, at a time and place to be It is ordered, This 7th day of June order. specified in a subsequent Order, upon 1965, that Basil P. Cooper shall serve as It is further ordered, That, the appli­ the following issues: the presiding officer in the above-entitled cants herein shall, pursuant to section 1. To determine which of the opera­ proceeding; that the hearings therein 311(a) (2) of the Communications Act of tions proposed in the above-captioned shall commence at 10 a.m., 6n September 1934, as amended, and § 1.594 of the applications would better serve the pub­ 14, 1965; and that a prehearing confer­ Commission’s rules, give notice of the lic interest in light of the evidence ad­ ence shall be convened at 9 a.m„ on July hearing, either individually or, if feasible duced and the record made with respect 2, 1965; And, It is further ordered, That and consistent with the rules, jointly, to the significant differences between the all proceedings shall be held in the Offices within the time and manner prescribed applicants as to: of the Commission, Washington, D.C. in such rule, and shall advise the Com­ (a) The background and experience mission of the publication of such notice of each having a bearing on the appli­ Released: June 8,1965. as required by § 1.594(g) of the rules. cant’s ability to own and operate the FM F ederal Communications It is further ordered, That, the issues station as proposed. Com m ission, in the above-captioned proceeding may (b) Proposals of each of the appli­ [ seal] B en F. W aple, be enlarged by the Examiner, on his own cants with respect to the management Secretary. motion or on petition properly filed by a and operation of the FM broadcast sta­ [F.R. Doc. 65-6161; Filed, June 11, 1965; party to the proceeding, and upon suffi­ tion as proposed. 8:49 a.m.] cient allegations of fact in subport there­ (c) TTie programing services proposed of, by the addition of the following issue: in each of the above-captioned appli­ To determine whether the funds avail­ cations. [Docket Nos. 15812,15813; FCC 65R-216] able to the applicant will give reasonable 2. To determine, in the light of the NEBRASKA RURAL RADIO ASSOCIA­ assurance that the proposals set forth evidence adduced pursuant to the fore­ in the application will be effectuated. going issue, which of the applications TION (KRVN) AND TOWN & FARM CO., INC. (KMMJ) Released: June 9, 1965. should be granted. It is further ordered, That, to avail Memorandum Opinion and Order F ederal Communications themselves of the opportunity to be Com m ission, heard, the applicants herein, pursuant Amending Issues [ seal] B en F. W aple, to § 1.221(c) of the Commission’s rules, In re applications of Nebraska Rural Secretary. in person or by attorney, shall, within Radio Association (KRVN), Lexington, [Fja. Doc. 65-6159; Filed, June 11, 1965; 20 days of the mailing of this Order, file Nebr., Docket No. 15812, File No. BP- 8:49 a.m.] with the Commission in triplicate, a writ­ 15348; Town & Farm Co., Inc. (KMMJ), ten appearance stating an intention to Grand Island, Nebr., Docket No. 15813, appear on the date fixed for the hearing File No. BP-15354; for construction per­ [Docket Nos. 16039, 16040; FCC 65-482] and present evidence on the issues speci­ mits. FINE MUSIC BROADCASTS, INC., AND fied in this Order. 1. Before the Review Board for con­ BELK BROADCASTING CO. OF It is further ordered, That the appli­ sideration is a petition to enlarge issues cants herein shall, pursuant to section in this proceeding, filed February 23, FLORIDA, INC. 311(a)(2) of the Communications Act 1965, by Nebraska Rural Radio Associa­ Order Designating Applications for of 1934, as amended, and § 1.594 of the tion (KRVN) .x KRVN would have the Commission’s rules, give, notice of the Board add a contingent standard com­ Consolidated Hearing on Stated hearing, either individually or, if fea­ parative issue and the following further Issues sible and consistent with the rules, issues: In re applications of Fine Music Broad­ jointly, within the time and in the man­ To determine whether the proposal of casts, Inc., Jacksonville, Fla., Docket No. ner prescribed in such rule, and shall Town & Farm Co., Inc. (KMMJ), would 16039, File No. BPH-3604, requests: advise the Commission of the publication comply with § 73.35(a) of the Commis­ 96.9 me, No. 245; 26kw; 206 feet; Belk of such notice as required by § 1.594(g) sion’s rules. Broadcasting Co. of Florida, Inc., Jack­ of the rules. To determine (a) whether there is a sonville, Fla., Docket No. 16040, File No. It is further ordered, That, the issues need for specialized agricultural-oriented BPH-4772, requests: 96.9mc, No. 245; in the above-captioned proceeding may programing in the area proposed t o be 30kw; 286 feet; for construction permits. be enlarged by the Examiner, on his own served; and (b) the extent to w h i c h th e At a session of the Federal Communi­ motion or on petition properly filed by programing proposals of the applicants cations Commission held at its offices in a party to the proceeding, and upon suffi­ would meet such need. Washington, D.C., on the 2d day of June cient allegations of fact in support there­ To determine (a) whether Town & 1965; of, by the addition of the following Farm Co., Inc., did in fact attempt to The Commission having under consid­ issue: To determine whether the funds ascertain the programing needs ana eration the above-captioned and de­ available to the applicant will give rea­ interests of its proposed service area; an scribed applications; sonable assurance that the proposals set (b) how the applicant intends to mee It appearing, that, except as indicated forth in the application will be effec­ such needs. by the issues specified below, each of the tuated. 2. KRVN, Lexington, Nebr. (ÎOK¡JJ applicants is legally, technically, finan­ Released: June 7,1965. 25 kw, Day, DA, Class H) and KMMJ. cially, and otherwise qualified to con­ struct and operate as proposed; and F ederal Communications Com m ission, 1 Also before the Board are: °PP°slti°c’ It further appearing, that, the above- filed Mar. 24, 1965, by Town & Farm co., • captioned applications are mutually [ seal] B en F . W aple, (KMMJ); corrigendum to opposition. _ exclusive in that operation by the appli­ Secretary. Mar. 25,1965, by KMMJ; comments, cants as proposed would result in [F.R. Doc. 65-6160; Filed, June 11, 1965; 24,1965, by the Broadcast Bureau; ana r y mutually destructive interference; and 8:49 a.m.] filed Apr. 12, 1965, by KRVN. 7681 Saturday, June 12, 1965 FEDERAL REGISTER Grand Island, Nebr, (750 kc, 10 kw, Grand Island as a trade, transportation, Up-to-the-minute legislative news from L-WSB DA-1, Class II) seek construc­ communications, and administrative cen­ the State capital, as well as timely news tion permits for 880 kc, 50 kw, U, DA-2, ter;” contrary to KRVN’s assertion in its from other areas having special bearing Class n-A facilities. The mutually ex­ petition, engineering figures allegedly on the region’s rural farm and ranch clusive applications were set for hearing demonstrate that KMMJ would serve population; (7) A full discussion of ur­ by Commission Order (FCC 65-54) re­ substantially greater areas and popula­ gent problems facing agriculture and leased January 29,1965, on issues includ­ tions than would KRVN ; nighttime rural areas, such as roads, taxes, schools, ing section 307(b); areas and popula­ KMMJ would bring a first primary serv­ etc.; and (8) Religious and entertain­ tions to be served; adjustment and main­ ice to 34,238 more people than would ment programs geared to meet the needs tenance of nighttime directional antenna KRVN; and, finally, particularly in view and desires of the rural farm and ranch arrays; whether KMMJ would cause ob­ of the white area coverage differences, population. Each of these categories jectionable interference to Station KJSK, which the Commission has stated must be is discussed at some length in the peti­ Columbus, Nebr.; Whether KMMJ’s tower the primary consideration in Class II-A tion and attached affidavits. would be a menace to air navigation; cases, a decisive section 307(b) distinc- 9. KMMJ and the Broadcast Bureau whether in light of evidence adduced tion is stated to exist. oppose addition of this issue. KMMJ ar­ under the directional antenna issues, the 6. In reply, KRVN notes that: The gues that addition of the requested issue proposed stations would adequately pro­ population differences cited by KMMJ would delay the hearing almost as much tect the 0.5 mv/m-50 percent secondary are of little significance since KRVN as a comparative issue; that KRVN has service area of Station WCBS, New York would bring Lexington its first local not made the threshold showing of facts City; and compliance by KMMJ with nighttime transmission service, while of decisional significance which is a § 73.188(b) (1) of the rules. KMMJ would bring Grand Island its prerequisite to addition of programing 3. KRVN’s request for an issue as to second; and delay caused by addition of issues in section 307(b) cases; that none compliance with Rule 73.35(a) (duopoly a comparative issue would not justify of the cases cited in support of the re­ issue), based on extensive overlap be­ refusal to add it if section 307(b) fac­ quest is a section 307(b). case; and that tween KMMJ and commonly owned Sta­ tors prove not to be decisive; and recep­ neither the nature nor the material re­ tion KXXX in Colby, Kans., must be tion aspects must be given primary con­ sult of KRVN’s alleged “continuing sur­ denied in view of subsequent Commission sideration when service areas are simi­ vey” is reported, and the letters and af­ action. On May 6, 1965 (FCC 65-368) lar. KRVN asserts that, notwithstand­ fidavits connected with these allegations the Commission denied KRVN’s motion ing KMMJ’s measurements, the areas are are ‘‘not factual statements of the need for reconsideration of its designation in fact similar; those measurements have for special programing in the Nebraska- Order and dismissal of KMMJ’s applica­ not been accepted in evidence and KRVN Kansas community” but “are at best tion and held that the KMMJ application “believes they are seriously defective.” endorsements of Radio Station KRVN.” could be accepted if any grant thereof 7. The requested issue will be added The only factual data submitted by were conditioned on disposal of KXXX on a contingent basis. As noted by KRVN, argues KMMJ, are a letter from prior to commencement of the expanded KRVN the transmission aspects of these a Professor of Agricultural Economics KMMJ operation. Accordingly, no du­ proposals, so heavily relied upon by at the University of Nebraska and three opoly question remains. KMMJ, may not be of decisive signifi­ U.S. Census maps of Nebraska showing 4. Petitioner next requests addition of cance, especially since these are Class “demographic” characteristics, and a standard comparative issue, or “at the II-A applications. See Kent-Ravenna “while these maps may illustrate the very least” a contingent standard com­ Broadcasting Co., FCC 61-1350, 22 R.R. rural character of the central Nebraska parative issue, because: although Rule 605. If, as asserted by KMMJ, conclu­ community, they in no sense show the 73.22 allocates 880 kc for Class II-A use sive section 307(b) differences between need for a special programing issue.” in Nebraska and the Dakotas, the instant the applicants do exist, the comparative However, continues KMMJ, assuming applications are the only such applica­ issue need not be reached; however, that arguendo that such needs exist, the evi­ tions before the Commission; both KRVN determination is to be made initially by dence would not be of decisional signif­ and KMMJ propose 50 kw unlimited time the Examiner. Rockland Broadcasting icance according to Commission pre­ operation in the same general area of Co., FCC 62-577, 23 R.R. 789. Addi­ cedent unless KRVN had demonstrated Nebraska; and they would serve substan­ tion of a contingent issue at this time that KMMJ would fail to serve such tially the same area, as attached engi­ will expedite the proceeding in the event needs. And, concludes KMMJ, its own neering exhibits show. KRVN argues that, after hearing on the section 307 application and related pleadings and that 307 (b) considerations are “only one (b) issue, it is found that no decisive dif­ documents in support thereof in fact facet” of the determination herein and ferences have been demonstrated. constitute a “threshold showing that that the reception service to be provided 8. KRVN has also requested an issuesuch facts would not be of deqisional “to the same widespread region much to determine whether the area to be significance.” The Broadcast Bureàu dis­ of it ‘white area’ ” is of greater signifi­ served has a need for specialized agricul­ tinguishes the cases cited by KRVN ; cance than the transmission aspects of tural programing and, if so, the extent to states that white area service is the the proposals. The Broadcast Bureau which the applicants’, respective pro­ prime consideration in the instant case; supports addition of a contingent stai posals would meet it. In support of its and concludes with the observation that ard comparative issue. request, KRVN alleges that the area to KRVN’s and KMMJ’s respective pro­ 5. In opposition, KMMJ states Ü. be served is largely rural in nature; that graming proposals presently contemplate addition of a comparative issue wo a substantial number of the workers in 14.9 and 14.8 percent agricultural pro­ greatly increase the complexity i the area are farm laborers or workers in graming. jcugth of this proceeding, delaying related Industries; and that there is an 10. KRVN attacks the Bureau’s oppo­ advent of service on 880 kc; that si urgent need for programing directed to elay would be inconsistent with the agricultural community. Station sition on the ground that it is manifest ommission’s expressed purpose of “i KRVN has allegedly conducted a continu­ that “bare category percentages cannot ®ng Class Ii-A facilities to bring i ing survey of programing needs, both in show how the programing to be offered ¡¡¡* service as rapidly as possible its current service area and in the wider by each applicant would meet the par­ nJr ifeas. ^ d populations which area proposed to be served and deter­ ticular needs, of the area for specialized without such service;” tha mined the existence of need for the fol­ programing.” KMMJ’s argument that « v e issue should accordingly lowing types of programing, among oth- the petition fails to make the proper except for compelling reasc ers: (1) Technical information to assist threshold showing “is similarly without pYiof• •no suc^- reasons exist here, the farmer and rancher in the operation merit.” KRVN concludes: in being “entirely adequs of their business [sic]; (2) Complete Neither the Bureau nor Town & Farm has £ £ £ “5 choice between the applica: and timely market reports; (3) Up-to- shown that such a need does not exist. In thn a ílal 307(b) differences betw the-minute weather information at fre­ such circumstances it is imperative that the GrnrÜf^r1fants are alleged by KM1 Commission add a special programing issue munitv “ J’s principal c< quent and key intervals; (4) Broadcast in order that it may (1) determine whether timfJ a population almost time for the Agricultural College to there is such a need and (2) evaluate the than Lexington’s, and I reach the rural population; (5) Broad­ programing proposals of the applicants in is in no way comparable v cast time for farm organizations; (6) this respect. No. 113------7 7682 NOTICES

11. The requested issue will not be with civic organizations, Government of the evidence adduced pursuant to the added. As the above statement from its agencies and community leaders, both by issues herein and the record made with reply pleading indicates, KRVN appears personal interview and letter. In addi­ respect to the significant differences be­ to have misconceived the requirement tion to these survey methods, KMMJ tween the said applicants as to: of Cookeville Broadcasting Co., PCC 60- cites its broadcast experience and that (a) The background and experience 101, 19 R.R. 897, that the moving party of KXXX in the area; the fact that eight “Of each having a bearing on the appli­ make a threshold showing of facts of members of its staff have been residents cant’s ability to own and operate the decisional significance in support of a and employees for 20-38 years; and the proposed standard broadcast station; requested programing issue. No such fact that KMMJ’s principal stockholder (b) The proposals of each of the ap­ showing is made by the petitioner here; has been active in broadcasting since plicants with respect to the management the mere assertion that its allegations of 1925 and associated in ownership and/or and operation of the proposed stations; need for specialized programing are not managerial positions with eight stations (c) The programing services proposed refuted does not constitute a sufficient in Nebraska, Kansas, Iowa, and Colorado in each of the applications. basis for addition of an issue. As pointed which blanket the entire proposed serv­ out by KMMJ, the petitioner makes ab­ ice area in addition to his connection Released: June 9, 1965. solutely no showing that the need is not with KXXX and KMMJ. In reply, F ederal Communications met by existing services or that it would KRVN challenges the adequacy of Com m ission, not be met equally well by either appli­ KMMJ’s survey, which it alleges was [ seal] B en F. W aple, cant, especially since both parties have conducted only among residents of Secretary. shown specific efforts to serve the needs KMMJ’s present service area, and states [F.R. Doc. 65-6162; Filed, J u n e 11, 1965; of agriculture. Cf. Spanish Interna­ that KMMJ’s principal stockholder has 8:50 a.m.] tional Television Company, Inc., PCC not for some years been a resident of the 65-425, released May 21, 1965. Under area and his broadcast experience is such circumstances, “specialized pro­ therefore without relevance to the pres­ FEDERAL MARITIME COMMISSION graming” evidence would not be of de­ ent requested issue. cisional significance. Moreover, the 14. The Board can find no basis forFARRELL LINES, INC., AND LIBERIAN contingent comparative issue, if reached, addition of a Suburban issue. It is clear NATIONAL SHIPPING LINES, INC. will permit comparison of the program­ from its application and the pleadings ing proposals of the applicants in light herein that KMMJ has made diligent Notice of Agreement Filed for of all relevant factors. and continuing efforts to ascertain the Approval 12. KRVN’s final request is for an issue needs and interests of its present service Notice is hereby given that the follow­ to determine whether KMMJ has at­ area. It is also clear, although the peti­ ing agreement has been filed with the tempted to discover and to meet the pro­ tioner did not respond to this portion of Commission for approval pursuant to graming needs and interests of its pro­ KMMJ’s opposition pleading, that simi­ section 15 of the Shipping Act, 1916, as posed service area (Suburban issue). lar efforts continue to be made on behalf amended (39 Stat. 733, 75 Stat. 763,46 The petitioner’s request is based upon its of the commonly owned Colby, Kans. U.S.C. 814). “information and belief” that no survey Station, KXXX. Moreover, as we stated Interested parties may inspect and as to the needs of the proposed gain area in Bootheel Broadcasting Co., PCC 62R- obtain a copy of the agreement at the has been made by KMMJ in connection 47, 24 R.R. 292, “Although familiarity Washington office of the Federal Mari­ with the instant application, since the with the community and its needs is es­ time Commission, 1321 H Street NW., addenda to KMMJ’s proposed program sential, the Commission did not, in its room 301; or may inspect the agreement schedule relate only to inquiries in the Suburban decision, limit the means of at the offices of the District Managers present service area and none of the 60 acquiring such familiarity.” The Com­ New York, N.Y., New Orleans, La., and community leaders from whom KRVN mission and the Board have in the past San Francisco, Calif. Comments with submitted letters in connection with the recognized the validity of such sources reference to an agreement including a instant petition had reportedly then been of information as local residence (see request for hearing, if desired, may be solicited by KMMJ in connection with Community Telecasting Corporation, 32 submitted to the Secretary, Federal the area’s programing needs. PCC 923, 24 R.R. 1) and association with Maritime Commission, Washington, 13. The request for a Suburban issue stations in the gain area (see Selma Tele­ D.C., 20573, within 20 days after publica­ is opposed by both the Bureau and vision, Incorporated, PCC 65-216, re­ tion of this notice in the F ederal R egis­ KMMJ. The Bureau cites the similarity leased March 22, 1965; Arthur D. Smith, t e r . A copy of any such statement of the two proposals, the fact that Jr. (WMTS), PCC 63R-559, 1 R.R. 2d should also be forwarded to the party KMMJ is an operating station with ex­ 915). In the instant case KMMJ has not filing the agreement (as indicated here­ perience in the area, and its claim to only conducted surveys in its present inafter) and the comments should indi­ familiarity with the expanded area pro­ service area and most of the gain area, cate that this has been done. posed to be served as precluding addi­ but also has utilized both methods of Notice of agreement filed for approval tion of a Suburban issue. KMMJ states familiarizing itself with area needs cited by: that while a survey is not a prerequisite above. Moreover, KRVN does not chal­ Mr. J. Gerald Shea, to meeting the Suburban test under Re­ lenge KMMJ’s familiarity with the gain Traffic Manager—Operations, view Board precedent, it has nevertheless area’s needs or present any facts what­ Farrell Lines Inc., in fact made “a systematic diligent sur­ soever to counter the evidence in support One Whitehall Street, vey of its proposed service area,” which of that station’s claim of familiarity with New York, N.Y., 10004. was used as a guide in formulation of and efforts to serve the needs of its pro­ Agreement 9363-1, between Farrell program plans for the expanded opera­ posed gain area. In view of the fore­ Lines, Inc., and Liberian National Ship­ tion. This survey, conducted by both going, KRVN’s request for a Suburban ping Lines, Inc., provides for a change KMMJ and commonly owned KXXX, issue will be denied. from a fixed rate to a fixed percentage which presently serves most of the pro­ Accordingly, it is ordered, This 8th day apportionment of the through rate posed gain area (see paragraph 2, supra), of June 1965, that the petition to enlarge charged by the parties thereto for the employed four major methods. As listed issues in this proceeding, filed February movement of latex from Harbel, Liberia, in addenda to the proposed program 23, 1965, by Nebraska Rural Radio As­ to U.S. Atlantic Ports with transhipment schedule submitted with KMMJ’s June sociation (KRVN) is granted in part and at Monrovia, Liberia, under terms ana 9, 1964, amendment, these four ways is denied in part; and that the issues in were (1) Daily on-the-air announce­ this proceeding are enlarged by addition conditions set forth in the agreement. ments inviting program and service con­ of the following: Dated: June 9, 1965. tacts; (2) Personal contact with the aud­ To determine, in the event it is con­ By order of the Federal Maritime ience through contacts by the staff and cluded that a choice between the appli­ management; s (3) Questionnaires mailed cation should not be based solely on con­ Commission. to a list of area people picked at random siderations relating to section 307(b), T homas Lisi, from area telephone directories. This which of the operations proposed in the Secretary. questionnaire supplies in-depth program above-captioned applications would bet­ [F.R. Doc. 65-6150; Filed, June It. 196 ’ ideas and information . . .; (4) Contact ter serve the public interest, in the light 8:49 a.m.] Saturday, June 12, 1965 FEDERAL REGISTER 7683

NORTHERN PAN AMERICA LINE AND an increase in the through rate charged previously filed rate increase reflected by the parties thereto for the through tax reimbursement for New Mexico taxes MITSUI O.S.K. LINES, LTD. movement of synthetic resin from on all gas being delivered under the rate Notice of Agreement Filed for Houston, Tex., and New Orleans, La., to schedule and failed to indicate that a Approval Durban, South Africa, with tranship­ portion of such gas is produced in the ment at Buenos Aires, Argentina, under State of Colorado. The instant filing Notice is hereby given that the follow­ terms and conditions set forth in the corrects the present rate of 14.2486 cents ing agreement has been filed with the agreement. per Mcf by making the 0.2486 cent per Commission for approval pursuant to Mcf tax reimbursement inapplicable for section 15 of the Shipping Act, 1916, as Dated: June 9,1965. the Colorado portion of the sale. The amended (39 Stat. 733, 75 Stat. 763; 46 By order of the Federal Maritime decreased rate is set forth in Appendix A U.S.C. 814). Commission. below. Interested parties may inspect and Under the circumstances, we believe obtain a copy of the agreement at the T homas Lis i, that Amerada’s decreased rate should Washington office of the Federal Mari­ Secretary. be accepted for filing to become effective time Commission, 1321 H Street NW., [F.R. Doc. 65-6151; Filed, June 11, 1965; as of December 21, 1964, the date the room 301; or may inspect the agreement 8:49 a.m.[ previously filed rate increase went into at the offices of the District Managers, effect subject to refund, subject to the New York, N.Y., New Orleans, La., and existing rate suspension proceeding in San Francisco, Calif. Comments with Docket No. RI65-332 and refund obliga­ reference to an agreement including a FEDERAL POWER COMMISSION tion related thereto. request for hearing, if desired, may be [Docket No. RI65-332] The Commission finds: It is necessary submitted to the Secretary, Federal and proper in carrying out the provisions Maritime Commission, Washington, D.C., AMERADA PETROLEUM CORP. of the Natural Gas Act and the regula­ 20573, within 20 days after publication of tions thereunder to accept the notice of this notice in the F ederal R egister. A Order Accepting Decreased Rate change listed in Appendix A below as of copy of any such statement should also Filing the date indicated therein, subject to the be forwarded to the party filing the existing rate suspension proceeding in agreement (as indicated hereinafter) J u ne 4, 1965. Docket No. RI65-332, and refund obli­ and the comments should indicate that Amerada Petroleum Corp. (Amerada), gation related thereto. this has been done. ort May 10, 1965, tendered for filing a The Commission orders: The notice Notice of agreement filed for approval proposed rate decrease to a periodic rate of change designated in Appendix A be­ W> for gas sold to El Paso Natural Gas Co. low is accepted for filing as of the date from the Blanco Field, San Juan County, shown therein subject to Amerada’s Oivind Lorentzen, Inc., N. Mex. (San Juan Basin Area). The General Agents for Nopal Line, existing rate suspension proceeding in 21 West Street', proposed rate, which represents a de­ Docket No. RI65-332 and refund obliga­ crease from an increased rate which was tion related thereto. New York, N.Y., 10006. suspended by the Commission’s order Agreement 9376-1, between the North­ issued November 30, 1964, in Docket No. By the Commission. ern Pan America Line A/S (Nopal) and R165-332, and is presently being collected [ seal] J oseph H . G utride, Mitsui O.S.K. Lines, Ltd., provides for subject to refund in said docket. The Secretary. Appendix A

Cents per Mcf Rate in Rate Sup­ Amount Date Date sus­ effect sub­ Docket Respondent sched­ ple­ Purchaser and producing area of annual filing Effective pended ject to No. ule ment decrease tendered date until—. Rate in Proposed refund in No. No. effect increased docket rate Nos.

RB5-332... Amerada Petroleum 2 l’Ito 5 El Paso Natural Gas Co. (Blanco $930 5-10-65 512-21-64 «14.2486 3 4 « « 14.0 RI65-332. Corp., Post Office Field, La Plata and Archuleta Box 2040, Tulsa, Counties, Colo.). Okla., 74102, Attention: Mr. W. H. Bourne.

2 S?rrects Notice of Change filed Nov. 4,1964 (Supplement No. 6). 4 Pressure base is 15.025 p.s.i.a. . , e stated effective-date is the date Supplement No. 5 became effective subject 6 Includes 1.0 cent per Mcf minimum guarantee for liquids, to refund in Docket No. RI65-332. 6 For gas sold in Colorado on which no tax is collected. The previously filed in- lax reimbursement decrease. creased rate of 14.2486 cents per Mcf for New Mexico production remains unchanged. [F.R. Doc. 65-6054; Filed, June 11, 1965; 8:45 a.m.]

[Docket No. RI65-627, etc.] duly discriminatory, or preferential, or date shown in the “Date Suspended Un­ otherwise unlawful. til” column, and thereafter until made CONTINENTAL OIL CO. ET AL. The Commission finds: It is in the effective as prescribed by the Natural Order Providing for Hearings on and public interest and consistent with the Gas Act. Suspension of Proposed Changes in Natural Gas Act that the Commission (C) Until otherwise ordered by the Rates 1 enter upon hearings regarding the law­ Commission, neither the suspended sup­ fulness of the proposed changes, and plements, nor the rate schedules sought J une 4,1965. that the supplements herein be suspended to be altered, shall be changed until dis­ flies 6 in d e n ts named herein have and their use be deferred as ordered position of these proceedings or expira­ chaw pr°P°sed increased rates and below. tion of the suspension period. ule« I™ currently effective rate sched- The Commission orders : (D) Notices of intervention or peti­ mis

Appendix A

Effective Cents per Mcf Rate in Rate Sup- Amount Date date Date sus- effect sub­ Docket Respondent sched­ ple- Purchaser and producing area of annual filing unless pended ject to No. ule ment increase tendered sus­ until— Rate in Proposed refund in No. No. pended effect increased docket rate Nos.

RI65-627— Continental Oil Co., 247 7 United Gas Pipe Line Co. (Theall $11,000 2 5-13-65 8 6-13-65 11-13-65 «20.25 4 4 »22,25 Post Office Box Field, Vermilion Parish, La.). 2197, Houston, Tex., 77001, Attention: Mr. Fred T. O’Leary and Mr. Bruce R. MerriU. RI66-628-— Marathon Oil Co. 58 3 Cities Service Gas Co. (Dietz Unit, 235 5-12-65 ? 6-12-65 11-12-65 io u i2. o 8 9 10 1114.0 (Operator), et al., Grant County, Okla.) (Oklahoma 539 South Main “Other” Area). Street, Findlay, Ohio, 45840. RI65-629— Petroleum, Inc. 8 5 Cities Service Gas Co. (Barber 500 5-14-65 U 6-14-65 11-14-65 « 13.0 9 10 13 14. 0 RI60-58. (Operator), etal., County, Kans.). . 352 North Broad­ way, Wichita, Kans. RI66-630— K. S. Adams, Jr., et 6 2 Cities Service Gas Co. (S. Blunk 460 5-14-65 12 6-15-65 11-15-65 » 12.0 4 91® 13.0 al., Post Office Box Field, Barber County, Kans.). 844, Houston 1, Tex. RI65-631— Ashland Oil & Refin­ 124 11 Natural Gas Pipeline Co. of America 2,000 " 5-17-65 »2 6-17-65 11-17-65 1» 17.6 19 M 17.8 RI64-760. ing Co., Post Office (Camrick Southeast Gas Pool, Box 1503, Houston, Texas and Beaver Counties, Okla.) Tex., 77001. (Panhandle Area).

2 Original Notice of Change filed Apr. 29,1965. Corrected by revised page 2 filed 8 Two-step periodic rate increase. May 13, 1965. 9 Pressure base is 14.65 p.s.i.a. 3 The stated effective date is 30 days after the corrected Notice of Change was filed. 10 Subject to a downward B.t.u. adjustment. 4 Periodic rate increase. 11 Includes 0.75 cent per Mcf deducted by buyer for dehydrating gas. * Pressure base is 15.025 p.s.i.a. « The stated effective date is the effective date requested by respondent. • Includes 1.75 cents per M cf tax reimbursement. *? Renegotiated rate increase. i The stated effective date is the first day after expiration of the required statutory notice. Marathon Oil Co. (Operator), et al. (Mara­ The proposed changed rate and charge Respondent shall execute and file under thon), request an effective date of June 11, may be unjust, unreasonable, unduly its above-designated docket number with 1965, for their proposed rate increase. Good discriminatory, or preferential, or other­ the Secretary of the Commission its cause has not been shown for waiving the 30-day notice requirement provided in sec­ wise unlawful. x agreement and undertaking to comply tion 4(d) of the Natural Gas Act to permit The Commission finds: It is in the pub­ with the refunding and reporting pro­ an earlier effective date for Marathon’s rate lic interest and consistent with the Nat­ cedure required by the Natural Gas Act filing and such request is denied. ural Gas Act that the Commission enter and § 154.102 of the regulations there­ All of the proposed increased rates and upon a hearing regarding the lawfulness under, accompanied by a certificate charges exceed the applicable area price levels of the proposed change, and that the showing service of a copy thereof upon for increased rates as set forth in the Com­ supplement herein be suspended and its the purchaser under the rate schedule mission’s Statement of General Policy No. use be deferred as ordered below. involved. Unless Respondent is advised 61-1, as amended (18 CFR, Ch. I, Pt. 2, § 2.56). The Commission orders: to the contrary within 15 days after the [F.R. Doc. 65-6055; Filed, June 11, 1965; (A) Under the Natural Gas Act, par­ filing of its agreement and undertaking, 8:45 adn.] ticularly sections 4 and 15, the regula­ such agreement and undertaking shall tions pertaining thereto (18 CFR Ch. I), be deemed to have been accepted. and the Commission’s rules of practice (C) Until otherwise ordered by the [ Docket No. RI65-626 ] and procedure, a public hearing shall be Commission, neither the suspended sup­ SINCLAIR OIL & GAS CO. held concerning the lawfulness of the plement, nor the rate schedule sought to proposed change. be altered, shall be changed until dispo­ Order Providing for Hearing on and (B) Pending hearing and decision sition of this proceeding or expiration of Suspension of Proposed Change in thereon, the rate supplement herein is the suspension period. Rate; Effective Subject to Refund suspended and its use deferred until date (D) Notices of intervention or peti­ shown in the “Date Suspended Until” tions to intervene may be filed with the J u n e 3, 1965. column, and thereafter until made effec­ Federal Power Commission, Washington, Respondent named herein has filed a tive as prescribed by the Natural Gas D.C., 20426, in accordance with the ru es proposed change in rate and charge of Act: Provided, however, That the supple­ of practice and procedure (18 CFR a currently effective rate schedule for ment to the rate schedule filed by Re­ and 1.37(f) ) on or before July 21, I960. the sale of natural gas under Commission spondent shall become effective subject By the Commission. jurisdiction, as set forth in Appendix A to refund on the date and in the manner below. herein prescribed if within 20 days from [seal] J oseph H. Gtjtride, the date of the issuance of this order Secretary. Appendix A

R a te to Effective Cents per Mcf effect sub­ Rate Sup­ Amount Date date Date sus­ pended je c t to Docket Respondent sched­ ple­ Purchaser and producing area of annual filing unless Proposed re fu n d to No. ule ment increase tendered sus­ until Rate in dock et pended effect increased No. No. rate N os.

»4 4418.4138 R I65-39. RI65-626... Sinclair Oil & Gas 222 5 El Paso Natural Gas Co. (King $1,597 ' 5-7-65 16-7-65 26-8-65 18.0 Co. (Operator), Booster, Lea County, N. Mex.) Post Office Box 521, (Permian Basin Area). Tulsa, Okla., 74102, Attention: Mr. W. L. Min turn.

1 The stated effective date is the first day after expiration of the required statutory 4 Pressure base is 14.65 p.s.t.a. . notice. ' 4 For gas sold on which Sinclair is entitled to tax reimbursement. Emergency 8 The suspension period is limited to 1 day. 6 Includes partial reimbursement for full 2.55 percent New Mexiw * Tax reimbursement increase. School Tax. 7685 Saturday, June 12, 1965 FEDERAL REGISTER [Docket No. CP60-94] The proposed tax increase filed by Sinclair Sinclair to Cities, together with other nil & Gas Co. (Operator) (Sinclair), reflects gas to be produced by Sinclair from TENNESSEE GAS TRANSMISSION CO. nartial reimbursement for the full 2.55 per- deeper horizons. Applicant will then L ,t New Mexico Emergency School Tax dehydrate and transport the gas to a Notice of Petition To Amend which was increased from 2.0 to 2.55 percent point of delivery to Northern at the J une 7, 1965.. April 1 1963. The buyer, El Paso Natural interconnection of Applicant’s proposed co (El Paso), in accordance with its facilities and Northern’s existing facili­ Take notice that on May 27,1965, Ten­ nolle? of protesting all tax filings proposing nessee Gas Transmission Co. (Peti­ reimbursement for the New Mexico Emer­ ties in Grant County, in exchange for gency School Tax in excess of 0.55 percent, the concurrent delivery of equal quan­ tioner), Post Office Box 2511, Houston, is expected to file a protest to this rate in­ tities by Northern to Applicant at the Tex., 77001, filed in Docket No. CP60-94 crease. El Paso questions the right of Sin­ existing point of interconnection of a petition to amend the certificate of clair under the tax reimbursement clause to Applicant’s and Northern’s facilities at public convenience and necessity, here­ file a rate increase reflecting tax reimburse­ Applicant’s Plains Compressor Station, tofore issued on September 19, 1963, in ment computed on the basis of an increase Yoakum County, Tex. The estimated Opinion No. 403 (30 FPC 759), which au­ in tax rate by the New Mexico Legislature in thorized Petitioner to sell and deliver excess of 0.55 percent. While El Paso con­ reserves in the acreage dedicated under cedes that the New Mexico tax legislation the purchase agreement with Sinclair a total quantity of 14,325 Mcf of natural effected a higher rate of at least 0.55 percent, are 400 "billion cubic feet. Average daily gas per day to The Hartford Electric it claims there is controversy as to whether quantities to be delivered by Sinclair to Light Co. (Hartford) for the service or not the new legislation effected an in­ Applicant are estimated to be 47,000 Mcf. areas of Stamford and Torrington, all as creased tax rate in excess of 0.55 percent. To carry out these proposals, Appli­ more fully set forth in the petition to Under the circumstances, we shall provide cant will purchase from Cities a gather­ amend which is on file with the Commis­ that the hearing provided for herein shall sion and open to public inspection. concern itself with the contractual basis as ing system consisting of approximately well as the statutory lawfulness of Sinclair’s 49.6 miles of gas gathering pipelines of Pursuant to a request by Hartford, Pe­ proposed increased rate which El Paso has various lengths and diameters and ap­ titioner seeks authority to make a new or will protest. Since the rate increase is purtenances, well ties and well meters. allocation between the Stamford and limited to tax reimbursement, the suspension Applicant also proposes to construct and Torrington service areas of the 14,325 period may be shortened to 1 day from June operate an additional 73.8 miles of gath­ Mcf per day authorized by the order of 7, 1965, the date of expiration of the statu­ September 19, 1963, as follows; tory notice. • « ^ ering pipeline of various lengths and Sinclair’s proposed increased rate and diameters, and appurtenances. The charge exceeds the applicable price level for gathering facilities are to be constructed Author­ Proposed ized in realloca­ Increase increased rates in the Permian Basin Area as in the Hugoton Field in Grant and Stan­ Service area Docket tion of or set forth in the Commission’s Statem ent of ton Counties, Kans. Applicant further No. Docket (decrease) General Policy No. 61-1, as amended (18 CFR, CP60-94 No. proposes to construct and operate a CP60-94 Ch. I, Pt. 2, § 2.56). 3,600 horsepower compressor station, a [F.R. Doc. 65-6056; Piled, June 11, 1965; dehydration plant, 12.0 miles of 14-inch Stamford (M cf).. 10,985 11,402 417 8:45 a.m.] pipeline to connect the compressor sta­ Torrington tion with Northern’s 24-inch line, and (Mcf)...... — - 3,340 2,923 (417) [Docket No. CP65—384] three meters, all to be located in Grant Total (Mcf).. 14,325 14,325 County, Kans. EL PASO NATURAL GAS CO. Applicant estimates the total cost of facilities to be $4,530,000, including The application further states that the Notice of Application . 886 Mcf per day authorized to be sold by $211,000 as the cost of the acquisition Applicant to Hartford by the Commis­ J une 7,1965. of the facilities to be purchased from sion’s order issued in Docket No. CP63- Take notice that on June i> 1965, El Cities. 247 on May 16., 1963, was also for the Paso Natural Gas Co. (Applicant), Post Protests or petitions to intervene may purpose of increasing deliveries to the Office Box 1492, El Paso, Tex., 79999, be filed with the Federal Power Commis­ Stamford service area. The total pro­ filed in Docket No. CP65-384 an appli­ sion, Washington, D.C., 20426, in accord­ posed allocation to the Stamford area cation pursuant to section 7(c) of the ance with the rules of practice and will therefore be 15,211 Mcf per day. Natural Gas Act for a certificate of pub­ procedure (18 CFR 1.8 or 1.10) and the Protests or petitions to intervene may lic convenience and necessity authorizing regulations under the Natural Gas Act be filed with the Federal Power Commis­ (1) the acquisition from Cities Service (157.10) on or before July 2, 1965. Take further notice that, pursuant to sion, Washington, D.C., 20426, in accord­ Gas Co. (Cities) and operation of certain ance with the rules of practice and gathering facilities situated in the Hugo­ the authority contained in and subject procedure (18 CFR 1.8 or 1.10) and the ton gas area of Grant and Stanton Coun­ to the jurisdiction conferred upon the Federal Power Commission by sections regulations under the Natural Gas Act ties, Kans.; (2) the construction and (157.10) on or before July 2, 1965. operation of certain gathering, dehydra­ 7 and 15 of the Natural Gas Act and the tion, compression, and transmission Commission’s rules of practice and pro­ J oseph H. G utride, facilities in the said Hugoton gas area; cedure, a hearing will be held without Secretary. and (3) the receipt from Sinclair Oil & further notice before the Commission on [F.R. Doc. 65-6123; Filed, June 11, 1965; Gas Co. (Sinclair) and delivery to North­ this application if no protest or petition 8:46 a.m.] ern Natural Gas Co. (Northern), on an to intervene is filed within the time re­ exchange basis, of natural gas to be pro­ quired herein, and the Commission on duced by and purchased from Sinclair in its own review of the matter finds that [Docket No. RP65-59] the said Hugoton gas area, all as more a grant of the certificate is required by TEXAS EASTERN TRANSMISSION the public convenience and necessity. fully set forth in the application on file CORP. with the Commission and open to public If a protest or petition for leave to inter­ inspection. vene is timely filed, or if the Commission Notice of Proposed Changes in Rates The application states that Sinclair is on its own motion believes that a formal and Charges Presently delivering gas to Cities from hearing is required, further notice of acreage in the Hugoton gas area of such hearing will be duly given. J une 7,1965. Grant and Stanton Counties, which sale Under the procedure herein provided Take notice that on June 1, 1965, pv • ^tinted under an agreement which for, unless otherwise advised, it will be Texas Eastern Transmission Corp., pur­ expired by its own terms on April 1,1960. unnecessary for Applicant to appear or suant to § 1.18(e) of the Commission’s PPlicant states that it had the first and be represented at the hearing. rules of practice and procedure, ten­ E B * « right to receive the gas de- dered a proposal to reduce the rates and ered under the contract and that it J oseph H. G utride, charges set out in its presently effective has exercised this right. Secretary. tariff. The proposal would reduce Texas Rir.^ ^ c^ht proposes to purchase from [P.r . Doc. 65-6122; Filed, June 11, 1965; Eastern’s jurisdictional rates by 0.42 ciair the gas previously delivered by 8:46 a m ] oenit per Mcf, or approximately $3,500,- 7686 NOTICES 006 annually, based upon 1964 adjusted May 20, 1965. Russ has two individual For the Commission (pursuant to del­ test year volumes of 840,150,000 Mcf. stockholders and is excepted under sec­ egated authority). Such reduction would be made effective tion 3(c) (1) of the Act from the defini­ as of June 1, 1965, in all rate schedules tion of an investment company. [SEAL] ORVAL L. DUBOIS, and would be made in the commodity Pursuant to an agreement between Secretary. component of all two-part rate sched­ Selected and Russ, substantially all the [F.R. Doc. 65-6121; Filed, June 11, 1965; ules. cash and securities of Russ will be trans­ 8:46 a.m.] Texas Eastern’s proposal also pre­ ferred to Selected in exchange for shares serves its present refund obligations with of Selected. The exchange will be made respect to gas purchased between No­ on the basis of the net asset value of the vember 10, 1957, and June 1, 1965; pro­ Selected shares and the value of the Russ SMALL BUSINESS ADMINISTRA­ vides for a flow-through of refunds and assets to be transferred, both determined rate reductions received from producer at the close of business on the day pre­ TION suppliers; reserves the rights of all ceding the closing. The closing will take [Delegation of Authority No. 30 (Chicago) parties and the Commission with respect place on June 30, 1965, or at such other Arndt. 1] to Rayne Field gas costs and provides for time as may be mutually agreed upon. MIDWESTERN AREA a flow-through of any refunds and rate The application states that it is be­ reductions Texas Eastern receives with lieved that the transactions constitute Delegation of Authority To Conduct respect thereto; and, finally, provides for a tax-free reorganization and that Se­ Program Activities in the Regional a flow-through of both annual liberalized lected will take over the tax basis of Russ Offices depreciation tax savings and the deduc­ in the securities to be acquired. It is tion of accumulated deferred tax bal­ further stated that the unrealized ap­ I. Pursuant to the authority delegated ances in Account 282 from the rate base, preciation of the Selected portfolio, to the Area Administrator by Delegation subject to certain specified conditions. which is approximately 24\ percent, ex-' of Authority No. 30 (Revision 10) 30 F.R. Copies of the proposal have been ceeds the percentage of unrealized ap­ 972, as amended, 30 F.R. 2742; Delegation served by Texas Eastern on its cus­ preciation of the portfolio securities of of Authority No. 30 (Chicago) 30 F.R. tomers. Comments may be filed with Russ, which is approximately 17 percent, 3252 is hereby amended by revising Item the Commission on or before June 17, so that protection of the shareholders II in its entirety to read as fo llo w s: 1965. of Selected does not require an adjust­ II. To the regional directors of Des J oseph H. G utride, ment for potential tax liability upon sale Moines, Indianapolis, Madison, and St. Secretary. by Selected of the portfolio securities of Louis, within the Midwestern Area, the Russ. If on the valuation date the un­ following authority is hereby redele­ [F.R. Doc. 65-6124; Filed, June 11, 1965; realized appreciation of the portfolio gated : 8:46 a.m.] securities of Russ exceeds that of the 1. To approve the following: portfolio of Selected the basis of the a. Direct loans not exceeding $100,000. exchange will be adjusted to discount b. Participation loans not exceeding the value of the Russ assets to the extent $250,000 (SBA share). SECURITIES AND EXCHANGE of 12.5 percent of any such excess. c. Simplified bank participation loans The application recites that the terms not exceeding $350,000 (SBA share). COMMISSION of the entire transaction were arrived at d. Simplified early maturities partici­ [812-1797] through arm’s-length bargaining be­ pation loans not exceeding $350,000 tween Selected and Russ and that there (SBA share.) SELECTED AMERICAN SHARES, INC. is" no affiliation or relationship of any e. Direct disaster loans not exceeding kind between Selected or its affiliated $250,000. Notice of Application for Exemption persons and Russ or its affiliated f. Participation disaster loans not ex­ Order persons. ceeding $250,000 (SBA share). Notice is further given that any inter­ 2. To decline the following: J une 8, 1965. ested person may, not later than June 25, a. Business loans not exceeding Notice is hereby given that Selected 1965, at 5:30 p.m., submit to the Com­ $250,000. American Shares, Inc. (“Selected”) , 135 mission in writing a request for a hear­ b. Disaster loans not exceeding South LaSalle Street, Chicago, 111., a ing on the matter accompanied by a $350,000. Delaware corporation and a registered statement as to the nature of his inter­ 3. To disburse approved loans. open-end investment company, has filed est, the reason for such request, and the 4. Items I.A. 4 and 7 through 11, above. an application pursuant to section 6(c) issues of fact or law proposed to be 5. Item I.A. 13, above. of the Investment Company Act of 1940 controverted, or he may request that he 6. Items I.D. 1 through 5, above. (“Act”) . Selected requests an order of be notified if the Commission should 7. Item I.E., above. the Commission exempting from the pro­ order a hearing thereon. Any such com­ 8. Item I.F., above. visions of section 22(d) of the Act the munication should be addressed: Secre­ 9. St. Louis only. Items I.C. 1 and 2, proposed issuance of its shares at net tary, Securities and Exchange Commis­ above—but not exceeding $50,000. asset value for substantially all the cash sion, Washington, D.C., 20549. A copy * * * * and securities of Russ Investment Corp. of such request shall be served person­ Effective date: June 1,1965. (“Russ”), an Illinois corporation. All ally or by mail (air mail if the person interested persons are referred to the being served is located more than 500 R ichard E. Lassar, application on file with the Commission Area Administrator, miles from the point of mailing) upon Midwestern Area. for a complete statement of the repre­ Selected at the address stated above. sentations therein which are summarized Proof of such service (by affidavit or in [F.R. Doc. 65-6107; Filed, June 11, 1965; below. 8:45 a.m.] Shares of Selected are offered to the case of an attorney-at-law by certifi­ public on a continuous basis at net asset cate) shall be filed contemporaneously value plus a sales charge which varies with the request. At any time after said dependent upon the amount purchased. date, as provided by Rule 0-5 of the INTERSTATE COMMERCE As of May 20, 1965, the net assets of rules and regulations promulgated under Selected amounted to approximately the Act, an order disposing of the appli­ COMMISSION $160.2 million. cation herein may be issued by the Com­ FOURTH SECTION APPLICATIONS Since its organization in 1956 Russ has mission upon the basis of the informa­ FOR RELIEF been engaged in the business of investing tion stated in said application, unless an and reinvesting in securities, and its order for hearing upon said application June 9,196®' principal assets now consist of cash and be issued upon request or upon the Com­ Protests to the granting of an aPPjj^ securities having a value of $274,223 at mission’s own motion. tion must be prepared in accordance 7687 Saturday, June 12, 1965 FEDERAL REGISTER Rule 1.40 of the general rules of practice to Huber and McIntyre, Ga., Catawba FSA No. 39824—Iron and steel articles (49 CPR 1-40) and filed within 15 days and Lugoff, S.C. to points in Ohio. Filed by Traffic Ex­ Grounds for relief—Market competi­ ecutive Association-Eastern Railroads, from the date of publication of this no­ agent (E.R. No. 2780), for interested rail tice in the F ederal R egister. tion. Tariff—Supplement 11 to Southern carriers. Rates on iron and steel articles, Long- and-S hort H aul Freight Association, agent, tariff I.C.C. in carloads, from points in official (in­ FSA No. 39819—Grain and grain prod- S-517. ,. cluding Illinois) territory, to Valley ucts to Gulf and Florida ports for export. FSA No. 39827—Chlorine from Nixon, Junction (Hamilton County) and White- Filed by Southwestern Freight Bureau, Ga. Filed by O. W. South, Jr., agent water, Ohio. agent (No. B-8729), for interested rail (No. A4701), for interested rail carriers. Grounds for relief—Maintenance of carriers. Rates on grain, grain products; Rates on chlorine, in tank carloads, from depressed rates established to meet mar­ and related articles, in carloads, from Nixon, Ga., to Ferhandina Beach, Jack­ ket competition without use of such rates points in Arkansas, Colorado, Illinois, sonville, So. Jacksonville and Quinlin, as factors in constructing combination Iowa, Kansas, Missouri, Nebraska, Okla­ Fla. rates. homa, and Wyoming, to Gulf ports, Grounds for relief—Market competi­ By the Commission. Pensacola, Fla., to Corpus Christi, Tex., tion. also Port Everglades and Port of Palm Tariff—Supplement 192 to Southern [ seal] B ertha F. A rmes, Beach, Fla. (for export). Freight Association, agent, tariff I.C.C. Acting Secretary. Grounds for relief—Domestic rate S-194. [F.R, Doc. 65-6137; Filed, June 11, 1965; relationship. FSA No. 39828—T.O.F.C. rates from 8:47 a.m.] Tariffs—Atchison, Topeka, and Santa and to points in western trunkline terri­ Fe Railway Co. tariff, I.C.C. 15044, and tory. Filed by Western Trunk Line , [Notice No. 31] Committee, agent (No. A-2411), for in­ eight other schedules named in the FINANCE APPLICATIONS application. terested rail carriers. Rates on property FSA No. 39820—Grain, grain products moving on class and commodity rates J une 9, 1965. and related articles to Gulf ports. Filed loaded in trailers and transported on The following publications are gov­ by Southwestern Freight Bureau, agent railroad flatcars, between points in westr erned by the Interstate Commerce Com­ (No. B-8737), for interested rail carriers. em trunkline territory, on the one hand, mission’s General Requirements govern­ Rates on wheat, bulgur, wheat flour, and points in official territory, on the ing notice of filing of applications under grain (other than:wheat), and soybeans, other. sections 20a except (12) and 214 of the in carloads, from points in Kansas, Grounds for relief—Motor-truck com­ Interstate Commerce Act. The Commis­ Missouri, and Oklahoma, to Gulf ports, petition, grouping and short-line dis­ sion’s order of May 20, 1964, providing Pensacola, Fla., to Corpus Christi, Tex. tance formula. for such publication of notice, was pub­ Grounds for relief—Truck-barge FSA No. 39829—Substituted service— lished in the F ederal R egister issue of competition. CRI&P for Trans-Cold Express, Inc. July 31,1964 (29 F.R. 11126), and became Tariffs—Atchison, Topeka, and Santa Filed by Trans-Cold Express, Inc. (No. effective October 1, 1964. Fe Railway Co. tariff, I.C.C. 15044, and 1), for itself and on behalf of Chicago, All hearings and prehearing confer­ four other schedules named in the Rock Island, and Pacific Railroad Co. ences, if any, will be called at 9:30 a.m., application. Rates on property loaded in trailers and U.S. standard time unless otherwise FSA No. 39821—Commodities between transported on railroad flatcars, between specified. points in Texas. Filed by Texas-Louisi- Dallas, Tex., on the one hand, and Chi­ F.D. No. 23677—By application filed ana Freight Bureau, agent (No. 541), cago, HI., and St. Louis, Mo., on the June 8, 1954, Signal Trucking Service, for interested rail carriers. Rates on other, on traffic originating at or destined Ltd., 4455 Fruitland Avenue, Los Angeles chemicals, plastic bags or wrapping, to such points or points beyond as de­ 58, Calif., seeks authority under section shipping containers, sewing thread, and scribed in the application. 214 of the Interstate Commerce Act to tea or tea dust, in carloads, from, to, and Grounds for relief—Motor-truck com­ assume obligations of Paxton Trucking between points in Texas, over interstate petition. Co. and Paxton Truck Lines, Inc. in the routes through adjoining States. FSA No. 39830—Soda ash to Asheville form of promissory notes totaling $234,- Grounds for relief—Intrastate rates and Skyland, N.C. Filed by Traffic Ex­ 161.10. Applicant’s attorney: Edward M. and maintenance of rates from and to ecutive Association-Eastern Railroads, Berol, Berol, Loughran & Geernaert, points in other States not subject to the agent (E.R. No. 2781), for interested rail Shell Building, 21st floor, 100 Bush same conditions. carriers. Rates on soda ash, in bulk, in Street, San Francisco, Calif., 94104. Pro­ Tariff—Supplement 33 to Texas- covered hopper cars, in carloads, from Louisiana Freight Bureau, Agent, tariff tests must be filed no later than 15 days specified points in Michigan, New York, from date of publication in the F ederal I.C.C. 998. and Ohio, to Asheville and Skyland, N.C. FSA No. 39823—Iron or steel articles to Grounds for relief—Market competi­ R egister. points in Ohio. Filed by Traffic Execu- tion and restoration of rate relationship. Note: This application is directly related tive Association-Eastern Railroads, agent Tariffs—Supplements 164 and 98 to to MC-F—9131. . No. 2779), for interested rail ear­ Traffic Executive Association-Eastern F.D. No. 23676—By application filed ners. Rates on iron or steel articles, in Railroads, agent, tariffs I.C.C. C-102 and June 3, 1965, Atlas Van-Lines, Inc., 1212 carloads, from points in official (includ- C-334, respectively. m .5*°^ territory, to Valley Junction St. George Road, Evansville, Ind., 47703, juanuiton County) and Whitewater, A ggregate of I ntermediates seeks authority under section 214 of the Interstate Commerce Act to issue its FSA No. 39822—Commodities between short term collateral promissory notes I°r relief—Market competi- points in Texas. Filed by Texas-Louisi- and/or to assume obligation and liability ana Freight Bureau, agent (No. 542), for as guarantor of similar notes to be issued /il0-’ 89828—Woodpulp to Chilli- interested rail carriers. Rates on chem­ by International Sea Van, Inc., its sub­ PUed by °- w - South, Jr., icals, iron or steel containers, plastic sidiary, in the aggregate principal carriAi’o^°-D ^ 4704) ■ for interested rail bags or wrapping, shipping containers, amount not to exceed $3,250,000. Ap­ derpri rf« on woodpulp, not pow- sewing thread, and tea or tea dust, in plicant’s attorney: Herbert Burstein, to C w S S h e! Ohio&° m D° Ct0rt0Wn’ G a ' carloads, from, to, and between points Esq., Zelby & Burstein, 160 Broadway, in Texas, over interstate routes through New York, N.Y., 10038. Protests must be Tariff ^Sc5or relief—Rate relationship adjoining States. filed no later than 15 days from date of F raw . pplement 88 to Southern Grounds for relief—Maintenance of publication in the F ederal R egister. S_l43 Association, agent, tariff I.C.C depressed rates published to meet intra­ state competition without use of such By the Commission. 88828—Sulphur Dioxide from rates as factors in constructing combi­ [ seal] B ertha F . Armes, l J Z f?£’Va' Piled by O.W. South nation rates. Acting Secretary. carriers 2*°* A4699)*for interested rai: Tariff—Supplement 33 to Texas- tant i ^ te s on sulphur dioxide, ir Louisiana Freight Bureau, agent, tariffs [F.R. Doc. 65-6138; Filed, June 11, 1965; 14 carloads, from West Norfolk, Va. I.C.C. 998. 8:47 a.m.] 7688 NOTICES

[Notice No. 780] 1964, respectively, in the name of Lois No. MC-FC-67907. By order of June M. Fogleman doing business as Fogleman 7,1965, the Transfer Board approved the APPLICATIONS BY MOTOR CARRIERS Truck Line, Crowley, La., authorizing the OF PROPERTY OR PASSENGERS transfer to Lilac City Express, Inc., Spo­ transportation of salt, from Anse La- kane, Wash., of Permit No. MC-125764 J une 9, 1965. Butte, La., to points in Arkansas; and issued August 21, 1964, to Elmer H The following applications are gov­ salt and products, from the plantsite Loehlein and Allen C. Hammond, a part­ erned by the Interstate Commerce Com­ of Cargill, Inc., at Chalmette, La., to nership, doing business as Lilac City Ex­ mission’s special rules governing notice points in Alabama, Arkansas, Florida, press, Spokane, Wash., authorizing the of filing of applications by motor car­ Georgia, Mississippi, South Carolina, transportation of canned and bottled riers of property or passengers under Tennessee, and Texas; and Permits Nos. foodstuffs, over irregular routes, from sections 5(a) and 210a(b) of the Inter­ MC-41116, MC-41116 (Sub-No. 1), MC- points in Alameda, Sacramento, Contra state Commerce Act and certain other 41116 (Sub-No. 6), MC-41116 (Sub-No. Costa, San Joaquin, Stanislaus, and proceedings with respect thereto. (49 13), MC-41116 (Sub-No. 15), MC-41116 Butte Counties, Calif., to points in Spo­ CFR 1.240.) (Sub-No. 17), and MC-41116 (Sub-No. kane County, Wash. Donald A. Ericson, 20), issued January 22, 1951,. January Suite 708, Old National Bank Building’ M otor Carriers of P roperty 22, 1951, August 29, 1960, December 30, Spokane 1, Wash., representative for ap­ No. MC—F-8711 (R. E. SHORT CO — 1964, April 27, 1964, November 10, 1964, plicants. CONTROL—RYDER TRUCK LINES OP and December 29, 1964, respectively, to Mrs. Lois M. Fogleman doing business as [ seal] B ertha F. Armes, MO., INC.), published in the April 8, Acting Secretary. 1964, issue of the F ederal R egister on Fogleman Truck Line, Crowley, La., au­ thorizing the transportation of cleaned [F.R. Doc. 65-6140; Filed, June 11, 1965; page 4940, as amended May 10, 1965, to 8:47 a.m.] reflect change of corporate name of rice, in truckload lots only.; clean and RYDER TRUCK LINES OF MO., INC., rough rice, rice bran, rice polish, and rice to SOUTHERN PLAZA EXPRESS, INC. hulls, rice mill supplies, dry ammonium [Notice No. 1188-A] nitrate, fertilizer, in bulk or in bags, dry By second amendment to application MOTOR CARRIER TRANSFER filed June 7, 1965, ADMIRAL-MER­ fertilizer, bags, bagging, steel cotton bale CHANTS MOTOR FREIGHT, INC. (In ties, and twine dry fertilizer, anhydrous PROCEEDINGS ammonia, in bulk, in tank vehicles, bur­ lieu of R. E. SHORT CO., a subsidiary J une 9,1965. noncarrier company), seeks to become lap, from to and between points and areas in the States of Alabama, Ar­ Synopses of orders entered pursuant primary applicant to acquire control of kansas, Florida, Georgia, Louisiana, Mis­ to section 212(b) of the Interstate Com­ SOUTHERN PLAZA EXPRESS, INC., sissippi, Oklahoma, South Carolina, merce Act, and rules and regulations pre­ and to merge immediately after the ac­ Tennessee, and Texas, varying with the scribed thereunder (49 CFR Part 179), quisition of stock control. commodities transported. Austin L. appear below: Note: Hearing in this proceeding, con­ Hatchell, 1102 Perry Brooks Building, As provided in the Commission’s gen­ solidated with No. MC—F—9041 (CONSOLI­ Austin, Tex., representative for appli­ eral rules of practice any interested per­ DATED FREIGHTWAYS CORPORATION cants. son may file a petition seeking reconsid­ OF DELAWARE—CONTROL—SOUTHERN- eration of the following numbered pro­ PLAZA EXPRESS, INC.), began May 24, 1965, No. MC-FC-67442. By order of June and is in process. 8, 1965, the Transfer Board, on recon­ ceedings within 30 days from the date sideration, approved the transfer to Ko- of. service of the order. Pursuant to sec­ By the Commission. kanee Transport Ltd., Nelson, B.C., tion 17(8) of the Interstate Commerce Act, the filing of such a petition will post­ [seal] B ertha F. A rmes, Canada, of the operating rights in Cer­ Acting Secretary. tificate No. MC-109548, issued January pone the effective date of the order in 4, 1949, to Michael Frank Ozelle, doing that proceeding pending its disposition. [F.R. Doc. 65-6139; Filed, June 11, 1965; business as Kelly’s Cartage, Nelson, B.C., The matters relied upon by petitioners 8:47 a.m.] Canada, authorizing the transportation must be specified in their petitions with of: Fresh fruits and vegetables and particularity. [Notice No. 1188] mining machinery, equipment, and sup­ No. MC-FC-67628. By order of June plies, over regular routes, between Spo­ 4,1965, Division 3, acting a s an Appellate MOTOR CARRIER TRANSFER kane, Wash., and the boundary of the Division, approved the tra n sfer to Telleri PROCEEDINGS United States and Canada at or near Trucking Co., a corporation, Elizabeth, N.J., of Permits in Nos. MC-124770 and J une 9, 1965. Nelway, B.C., Canada: From the bound­ ary of United States and Canada over MC-124770 (Sub-No. 3) , issued May 16, Synopses of orders entered pursuant Washington Highway 6 to Newport, 1963 and February 9, 1965, respectively, to section 212(b) of the Interstate Com­ Wash., and thence over U.S. Highway to Frank G. Telleri, doing business as merce Act, and rules and regulations 195 to Spokane, and return over the same Telleri Trucking Co., Elizabeth, N.J., prescribed thereunder (49 CFR Part route. Service is not authorized to or authorizing the transportation o f: Meats 179) .appear below: from intermediate points. F. A. Abfal- and meat products, from Linden, N.J, As provided in the Commission’s spe­ ter, 200 Medical Arts Building, Nelson, to specified points in New York, Phila­ cial rules of practice any interested per­ B.C., Canada, representative for appli­ delphia, Pa., Stanford, Danbury, New son may file a petition seeking recon­ cants. Haven, and Hartford, Conn., and Boston, sideration of the following numbered No. MC-FC-67797. By order of June Mass., from New York, N.Y., to East proceedings within 20 days from the date 7, 1965, the Transfer Board approved the Orange and Kearny, N.J., from New of publication of this notice. Pursuant transfer to Arthur W. Weidke & Sons, York, N.Y., to Newark, N.J., and Phila­ to section 17(8) of the Interstate Com­ Inc., Readville, Mass., of the operating delphia, Pa. and returned shipments merce Act, the filing of such a petition rights of Frank Dimodana, Jr., doing from the above destination points to the will postpone the effective date of the business as Dimodana Trans., Lowell, above origin points, and, meats from order in that proceeding pending its dis­ Mass., authorizing the transportation in Hoboken, N.J., to Philadelphia and Har­ position. The matters relied upon by Certificate of Registration No. MC-99738 risburg, Pa., and Mt. Kisco, Elmsfora, petitioners must be specified in their Garden City, and Farmingdale, N. • petitions with particularity. (Sub-No. 2), issued September 24, 1964, of property in containers and bundles Bert Collins, 140 Cedar Street, New y w No. MC-FC-67906. By order of June 6, N.Y., representative for applicants, 7, 1965, the Tranfer Board approved the and manufactured products; within 50 transfer to Fogleman Truck Line, Inc., mile radius of the State House, Boston. B ertha F. Armes, Crowley, La., of Certificates Nos. MC- Francis P. Barrett, 25 Bryant Avenue, Acting Secretary. 123993 and MC-123993 (Sub-No. 1), is­ East Milton (Boston), Mass., 02186, at­ [F.R. Doc. 65-6141; Filed, June 11,. *9 ’ sued December 21, 1961, and October 2, torney for applicants. 8:48 a.m.] Saturday, June 12, 1965 FEDERAL REGISTER 7689

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

3 CFR Page 14 CFR— Continued 39 CFR Page Executive Orders: 71______^______7276, 15 ______- — 7390 7655 (revoked in part by PLO 7312, 7372, 7373, 7517, 7557, 7558, 1 6______-____ 7390 3661)___„----- 7521 7598,7639. 22 —______— ______7391 11227----- 7369 95.______— _____ 7639 2 3 .______- 7391 97______— 7374, 7598 24 ______:...... 7391 5 CFR 141—______— 7517 25 ______- ___ 7391 213______— ------— 7271, 151-______—— 7484 43______7392 7311, 7425, 7426, 7473, 7515, 7557, 221______7558 45 ______7392 7595, 7645, 7646. P roposed R u l e s: 46— ______v;______7394 630______—------— 7557 37______——___ 7663 41 CFR 7 CFR 39______'0. 7573 5B-2______¿ it______7436 16______— ------______7426 61______72928-1 — ______—______— 7437 28...... — ------______7426 71— _____ — 7316, 8-2 ______- ______7437,7599 29 ______- ______7385 7396, 7502, 7503,7524,7525,7573, 8-3______-__ 7599 30 ...... ______7385 7612,7613,7663-7666. 8-7____ 7600 34______7385 73—_____ — ___— 7503 _____ 7595 8-14 ______— ______— 7600 51-______— 16 CFR 8-15______■______7601 160______7385 ______7427 13______7652, 8-16______i 7602 718______7653, 7655, 7657, 7658, 7660, 7661 8-75.__;______—— 7602 722.______7271, 7385 8-95___ 7603 724—...... ______7646 17 CFR 101-38—. _____1...... —- 7489 728______7434 240___:______7276 730______7272 249______7566, 7568 42 CFR 750...... ______7311 57...... 7394, 7395 775______7515 18 CFR 845.. ______7273 8______43 CFR 73-13 908 ...... 7311,7435, 7647 157______728018______-...... 7394 909 ______7273 19 CFR 2230______7605 9 1 0 -...... ____ 7435, 7647 1—______3540. ______7569 7606 911______£ ______7647 4______75984110______7606 915.. . ______7436 P ublic Land O rders: 917______7473-7475 21 CFR 3661 _ 7521 923______— — 7648 8______7484 3662 ______7606 944______7436 20 ______7280 45 CFR 958______... _____ 7596 27______— 7484 60______7371 970______7274 120.______— 7280, 7385, 7485, 7569 1421.. ______7475 121______—______J_____ 7280, 46 CFR Proposed R ules: 7386, 7485-7487, 7518, 7519, 7570, 146______-______7437 29...... ______7494 7599. 221______7490 51 ______7396 141d______7487 527______- 7490 52 ______7524 146d__-______7487 P roposed R u l e s: 911______7501 P roposed R u l e s: 248______7291 915...... ______7501 20______7292 533______-_____ 7574 916_...... ____ . . . 7284 121__ 7501 1133______7284 47 CFR 1138__ _ _ 22 CFR 0 __——______7521 ______7288 204__ :______7571 1 _ 7419 8 CFR 73______——______- 7314 103__ 7516 24 CFR 89______7522 264_____ 203______7599 7312 P roposed R u l e s: 9 CFR 25 CFR 1______7446 51— 1______7520 17—— —— —— _____— 7446 74. Ml ___ 7596 73—__l...... 7446, ___ 7274 26 CFR 201_____i i i n n 7275, 7649 7525,7666,7671, 7673. Proposed Rules* 1______—______7281 94__ P roposed R u l e s : 49 CFR — _ 7445 1______7493 72 _____—...... — 7420 101__ ___ 7608 73 ______7420 103__ ___ 7608 28 CFR 74 ______:______7423 201_ ___ 7662 0______7599 77 _ 7423 10 CFR 16______7488 78 __ 7423 Proposed R ules* 42—______7386 79______7425 150__ 7445, 7662 29 CFR 95______——______7522 12 CFR P roposed R u les: 192 ______—______—— 7491 193 ______£______7522 l - ---- 7371 1504______7608 i7 .__ n i m i m ---- 7275 32 CFR 50 CFR Proposed R ules* 1001______7389 3______7315 545___ 7316 10—______—____ — ______7571 13 CFR 33 CFR 32 _ 7523 107...... 124------7314 ------— 7597, 7651 33 ______7282, 7572 14 CFR ~ 38 CFR 253______7607 37.. 1—...... 7389 260_____ 7282 39------7637 3______7390, 7489 262^______7444 7275, 7371,7372, 7638 36...... 7521 266.—— ______7282 No. 113----- R

Latest Edition in the series of . . . PUBLIC PAPERS OF THE PRESIDENTS OF THE UNITED STATES John F. Kennedyy 1963 Contains verbatim transcripts of the President’s news conferences and speeches and full texts of messages to Congress and other mate­ rials released by the White House during the period January 1- November 22, 1963. Among the 478 items in the book are: special messages to the Congress on education, youth conservation, needs of the Nation’s senior citizens, and on improving the Nation’s health; radio and tele­ vision addresses to the American people oh civil rights and on the nuclear test ban treaty and the tax reduction bill; joint statements with leaders of foreign governments; and the President’s final remarks at the breakfast of the Fort Worth Chamber of Commerce. Also included is the text of two addresses which the President had planned to deliver on the day of his assassination; President Johnson’s proc­ lamation designating November 25 a national day of mourning; and remarks at the White House ceremony in which President Kennedy was posthumously awarded the Presidential Medal of Freedom. A valuable reference source for scholars, reporters of current affairs jooj Pages Price: $q.oo and the events of history, historians, librarians, and Government officials.

VOLUMES o f PUBLIC PAPERS o f th e PRESIDENTS cu rren tly available: C ontents: HARRY S. TRUMAN • Messages to the Congress & 1945______— $5.50 1947...... ___ $5.25 1946______$6.00 1948...... __ $9.75 • Public speeches 1949------____ $6.75 • The President’s news conferences DWIGHT D. EISENHOWER: • Radio and television reports to the 1953— - ______$6.75 1957—------$6.75 American people 1954______$7.25 1958______$8.25 1955______$6.75 1959------.___ $7.00 • Remarks to informal groups 1960-61...... $7.75 1956______$7.25 • Public letters JOHN F. KENNEDY: 1961______$9.00 1962______$9.00 ____ $9.00 1963------Order from the: Superintendent of Documents Volumes are published annually, soon after the close of each year. Government Printing Office Earlier volumes are being issued periodically, beginning with 1945. Washington, D.C. 20402