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FEDERAL REGISTER VOLUME 33 • NUMBER 199 Friday, October 11, 1968 • Washington, D.C

FEDERAL REGISTER VOLUME 33 • NUMBER 199 Friday, October 11, 1968 • Washington, D.C

FEDERAL REGISTER VOLUME 33 • NUMBER 199 Friday, October 11, 1968 • Washington, D.C. Pages 15195.-15238

Agencies in this issue— Agricultural Research Service Business and Defense Services Administration Civil Aeronautics Board Civil Service Commission Consumer and Marketing Service Defense Department Federal Aviation Administration Federal Communications Commission Federal Home Loan Bank Board Federal Housing Administration Federal Maritime Commission Federal Power Commission Federal Trade Commission Fiscal Service Food and Drug A dministration Immigration and Naturalization Service Interstate Commerce C o m m i s s i o n Land Management Bureau Patent Office Securities and Exchange Commission State Department Detailed list o f Contents appears inside. V

How To Find U.S. Statutes and United States Gode Citations

[Revised Edition— 1965]

This pamphlet contains typical legal eluded. Examples are furnished at- references which require further cit- pertinent points and a list of refer- ing. The official published volumes ences, with descriptions, is carried in which the citations may be found at the end. are shown alongside each refer- This revised edition contains il- ence—with suggestions as to the lustrations of principal finding aids logical sequence to follow in using and reflects the changes made in them. Additional finding aids, the new master table of statutes set some especially useful in citing cur- out in the 1964 edition of the United rent legislation, also have been in- ^States Code.

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Published daily, Tuesday through Saturday (no publication on Sundays, Mondays, or FEDERAWKREGISTER on the day after an official Federal holiday), by the Office of the Federal Register, National Archives and Records Service, General Services Administration (mail address National Area Code 202 Phone 962-8626 r«*ino<'' ’ Archives Building, Washington, D.C. 20408), pursuant to the authority contained in the F e d e ra l R e giste r A ct, a p p ro v e d J u ly 26, 1935 (49 S ta t. 500, as a m e n d e d ; 44 U .S.C ., C h . 8B ), under regulations prescribed by the Admin­ istrative Committee of the Federal Register, approved by the President (1 CFR Ch. I), Distribution is made only by the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. T h e F e d e r a l R e g is t e r will be furnished by mail to subscribers, free of postage, for $1.50 per month or $15 per year, payable In advance. The charge for individual copies varies in proportion to the size of the issue (15 cents for the first 80 pages and 5 cents for each additional group of 40 pages, as actually bound). Remit check or money order, made payable to the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. The regulatory material appearing herein is keyed to the C o d e o f F e d e r a l R e g u l a t i o n s , which is published, under 50 titles, pur­ suant to section 11. of the Federal Register Act, as amended. The C o d e o f F e d e r a l R e g u l a t i o n s is sold by the Superintendent of Documents. Prices of books and pocket supplements are listed in the first F e d e r a l R e g is t e r issue of each month. There are no restrictions on the republication of material appearing in the F e d e r a l R e g is t e r or th e C o d e o f F e d e r a l R egulations. Contents

agricultural r e s e a r c h Notices FEDERAL TRADE COMMISSION SERVICE Humanely slaughtered livestock; Rules and Regulations identification of carcasses; list Proposed Rule Making of establishments; correction.. 15222 Administrative opinions and rul­ ings: Pesticides containing phosphorus Contest and its advertising by paste intended for use in or DEFENSE DEPARTMENT retailer deemed objectionable. 15200 around the home______15214 Rules and Regulations Disclosure of country of origin of Utilization of conscientious objec­ repackaged goods imported in AGRICULTURE DEPARTMENT tors; discontinuance of part____ 15213 b u lk ______15199 See Agricultural Research Serv­ FEDERAL AVIATION Notices ice; Consumer and Marketing National consumer protection and Service. ADMINISTRATION education ; notice of hearing____ 15232 BUSINESS AND DEFENSE Rules and Regulations FISCAL SERVICE SERVICES ADMINISTRATION Airworthiness directives ; certain Piper Model PA-23-250 and P A - Rules and Regulations Notices E23-250 aircraft______15200 Standard instrument approach Payment on account of deposits in Duty-free entry of scientific procedures ; miscellaneous Postal Savings System; correc­ articles: amendments______15201 tion ______15213 Medical College of Ohio at Toledo______i ____ 15222 Proposed Rule Making FOOD AND DRUG Michigan Technological Uni­ Airworthiness directive; Canadair versity et al______15223 a ir c r a ft ___a___ ll______15219 ADMINISTRATION National Institutes of Health___ 15223 Proposed Rule Making Newark College of Engineering. _ 15224 FEDERAL COMMUNICATIONS Rutgers State University et al__ 15224 Drugs; proposed additional official Texas A. & M. University______15225 COMMISSION nam es------.------15219 University of Northern Iowa___ 15225 Notices Hearings, etc.: HEALTH, EDUCATION, AND CIVIL AERONAUTICS BOARD American Telephone and Tele­ WELFARE DEPARTMENT Rules and Regulations graph Co______15226 See Food and Drug Administra­ Regal Broadcasting Corp. tion. ' Classification and continued ex­ (W H R L-F M ) et al. (2 docu­ emption of large irregular air ments) ______15226, 15228 carriers; repeal of part______15212 HOUSING AND URBAN Proposed Rule Making FEDERAL HOME LOAN BANK DEVELOPMENT DEPARTMENT Modification of trade agreement BOARD See Federal Housing Administra­ authorization for local service Notices tion. carriers; extension of part for Great Southern Corp.; application one year------15220 IMMIGRATION AND Notices for permission to acquire control of Zions Savings and Loan NATURALIZATION SERVICE Trans-Texas Airways, Inc.; pro­ Association ______15229 posed approval of application,. 15226 Rules and Regulations FEDERAL HOUSING Miscellaneous amendments to CIVIL SERVICE COMMISSION ADMINISTRATION chapter ______15200 Rules and Regulations Rules and Regulations INTERIOR DEPARTMENT Hazard pay differential; author­ Low cost and moderate income See Land Management Bureau. ization ------15199 mortgage insurance; eligibility requirements______15212 COMMERCE DEPARTMENT INTERSTATE COMMERCE See Business and Defense Services FEDERAL MARITIME COMMISSION Administration; Patent Office. COMMISSION Notices Proposed Rule Making CONSUMER AND MARKETING Fourth section applications for Tariff filing requirements for proj­ relief______15234 SERVICE ect rates; enlargement of time Motor carrier: Rules and Regulations for filing answers______15221 Temporary authority applica­ Notices tions ______15235 Frozen concentrated orange juice; Transfer proceedings______• 15236 standards for grades______15199 Blue Star Line, Ltd., and Port Line Ltd.; notice of agreement filed Proposed Rule Making for approval______15229 JUSTICE DEPARTMENT grown in Oregon and See Immigration and Naturaliza­ Washington; proposed free and FEDERAL POWER COMMISSION tion Service. Notices JjJ ,fls£al year------__------15215 Hearings, etc. : LAND MANAGEMENT BUREAU «uuc m Delaware Valley marketing Denman, William Harvey, et al. 15231 Notices area; recommended decision... 15215 El Paso Natural Gas Co______15231 unions grown in South Texas; Holleman, Jeanne W ashburn.. 15230 Colorado; modification of grazing proposed limitation of ship­ Northern States Power Co______15232 districts; correction______15222 ments . . . ------15214 Tennessee Gas Pipeline Co_____ 15232 ( Continued on next page) 15197 15198 CONTENTS

PATENT OFFICE SECURITIES AND EXCHANGE TRANSPORTATION DEPARTMENT Proposed Rule Making COMMISSION See Federal Aviation Administra­ tion. Rules of practice in patent cases; Notices proposed changes relating to Hearings, etc.: TREASURY DEPARTMENT issuance of certificates of cor­ American Electric Power Co., See Fiscal Service. rection ______15218 Inc., and Michigan Gas Utili­ ties Co______15233 Royston Coalition Mines, Ltd— 15234 STATE DEPARTMENT Notices Lakehead Pipe Co.; notice of ap­ plication for Presidential per- . mit ______15222

List of CFR Parts Affected The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulative list of parts affected, covering the current month to date, appears at the end of each issue beginning with the second issue of the month. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1, 1968, and specifies how they are affected.

5 CFR 14 CFR 24 CFR 550____ 15199 39_!______— ------— ------15200 221------— 15212 29i______1______15212 ^ « V-rK

7 CFR P r o p o s e d R u l e s : ^ 5 7 ------— ------— — 15212 52______— 15199 39______15219 r - „ P r o p o s e d R u l e s : 362______15214 51— ------— 15213 1 K014 959______982...... - 15215 16 CFR 37 CFR 1004______15215 15 (2 documents)______15199,15200 P r o p o s e d R u l e s : 1______15218 8 CFR 21 CFR 46 CFR 103____ 15200 „ _ 15200 P r o p o s e d R u l e s : P r o p o s e d R u l e s . 204____ 238____ 15200 138______15219 536------15221 15199 Rules and Regulations

Title 5— ADMINISTRATIVE Title 7— AGRICULTURE Title 16— COMMERCIAL Chapter I— Consumer and Marketing PERSONNEL Service (Standards, Inspections, PRACTICES Chapter I— Civil Service Commission Marketing Practices), Department Chapter I— Federal Trade of Agriculture Commission PART 550— PAY ADMINISTRATION PART 52— PROCESSED FRUITS AND PART 15— ADMINISTRATIVE (GENERAL) VEGETABLES, PROCESSED PROD­ OPINIONS AND RULINGS Authorization of Hazard Pay UCTS THEREOF, AND CERTAIN Disclosure of Country of Origin of Differential OTHER PROCESSED FOOD PROD­ Repackaged Goods Imported in UCTS Bulk Section 550.904 is revised to authorize the payment of a hazard pay differential Subpart— U.S. Standards for Grades § 15.299 Disclosure of country o f ori­ of Frozen Concentrated Orange gin of repackaged goods imported in for duty specified in Appendix A, that bulk. is not usually involved in carrying out Juice The Commission advised a request­ the duties of an employee’s position, ex­ D e f e c t s ; C o r r e c t i o n ing party that a product imported in cept when the degree of hazard or the In the amendments to— U.S. Stand­ bulk into the United States and there­ hardship has been taken into account ards for Grades of Various Processed Cit­ after broken and wrapped into a number in the classification of that position. rus Juices published in the F e d e r a l R e g ­ or smaller packages and offered for sale i s t e r of August 22, 1968 (33 F.R. 11881) , to the general public should be clearly § 550.904 Authorization of hazard pay under Subpart—U.S. Standards for and conspicuously marked as to country differential. Grades of Frozen Concentrated Orange of origin in such way as to be readily observable to a prospective purchaser (a) An agency shall pay the hazard Juice, the appropriate revision of one figure was inadvertently omitted. on casual inspection. pay differential listed in Appendix A to In § 52.1588, paragraph (d) is revised (38 Stat. 717, as amended; 15 U.S.C. 41-58) an employee who is assigned to and to provide an increase of 0.005 milliliter Issued: October 10,1968. performs any irregular or intermittent of recoverable oil to make the oil limits— duty specified in the appendix when with the revised Scott Oil method— By direction of the Commission. that duty is not usually involved in car­ comparable to the oil limits used prior to Commissioners Elman and Jones dis­ the date of amendment. rying out the duties of his position. Haz­ sent for the reason that the Commission, The corrected paragraph now reads as in disregard of prior decisions and an­ ard pay differential may not be paid follows: nounced Statements of Policy, is ap­ an employee when the hazardous duty § 52.1588 Defects. plying a per se rule requiring disclosure has been taken into account in the clas­ * * * * * of foreign origin of imported products. sification of his position. Commissioner MacIntyre concurred in (d) (B ) Classification. If the recon­ (b) For the purpose of this section: the advice given by the majority for the stituted juice is reasonably free from (1) “Not usually involved in carrying reason that the Commission’s advice defects, a score of 16 or 17 points may be herein is in conformity with the public out the duties of his position” means given. Frozen concentrated orange juice policy declared by Congress in 19 U.S.C. that even though the hazardous duty that falls into this classification shall not 1304. There it is required that any im­ may be embraced within the employee’s be graded above U.S. Grade B, regard­ ported article or the container in which position description it is not performed less of the total score for the product (this is a limiting rule). “Reasonably it is packed shall be marked in such man­ with sufficient regularity to constitute free from defects” means that any com­ ner as to indicate to the ultimate pur­ an element in fixing the grade of the bination of defects present may not seri­ chaser in the United States the English position. ously detract from the appearance or name of the country of origin of such ar­ (2) “Has been taken into account in drinking quality of the juice, and that ticle. The provision of law does not excuse the classification of his position” means there may be no more than 0.040 milliliter the importer from penalties for viola­ the duty constitutes an element used in of recoverable oil per 100 milliliters of the reconstituted juice. tion thereof simply because the importer establishing the grade of the position. ***** removed the imported article or articles (B U.S.O. 5545(d ), 5548(b)) (Secs. 202-208, 60 Stat. 1087, as amended; from the original package and repacked 7 U.S.C. 1621-1627) U n i t e d S t a t e s C i v i l S e r v ­ the article or articles in new packages i c e C o m m i s s i o n , . Dated: Octobers, 1968. which fail to disclose the country of ori­ [ s e a l ] J a m e s C . S p r y , gin. The penalties for violation include G . R . G r a n g e , Executive Assistant to Deputy Administrator, fines of $5,000 or imprisonment for not the Commissioners. Marketing Services. more than 1 year, or both. Commissioner |PJt. Doc. 68-12332; F ile d , O ct. 10, 1968; [F.R. Doc. 68-12411; Filed, Oct. 10, 1968; MacIntyre thinks it would be tragic for 8 :4 5 a .m .] 8:48 a j n . ] the Commission to issue any findings

FEDERAL REGISTER, VO L. 3 3 , N O . 199— FRIDAY, OCTOBER 1 1 , 196 8 15200 RULES AND REGULATIONS which would mislead any businessman of such officer as specified by the Act, or regarding these requirements of the law. this chapter. Title 14— AERONAUTICS AND [ s e a l ] J o s e p h W . S h e a , § 103.4 [Amended] Secretary. SPACE Section 103.4 Certifications is amend­ [F .R . D oc. 68-12395; F ile d , O ct. 10, 1968; ed by adding the following sentence Chapter I— Federal Aviation Adminis­ 8:46 a .m .] after the existing first sentence: “Dis­ tration, Department of Transporta­ trict directors in the United States and tion PART 15—-ADMINISTRATIVE officers in charge in Districts 33, 34, 35, and 37 may certify their decisions to the [Airworthiness Docket No. 68-WE-32-AD, OPINIONS AND RULINGS Arndt. 39-667} appellate authority designated in this Contest ancf Its Advertising by chapter when the case involves an PART 39— AIRWORTHINESS Retailer Deemed Objectionable unusually complex or novel question of DIRECTIVES § 15.300 Contest and its advertising by law or fact.” retailer deemed objectionable. Certain Piper Model PA—23—250 PART 204— PETITION TO CLASSIFY and PA—E23—250 Aircraft (a) The Commission was requested to ALIEN AS IMMEDIATE RELATIVE OF furnish an advisory opinion concerning A UNITED STATES CITIZEN OR AS There have been failures of the ex­ a proposed contest and advertising per­ A PREFERENCE IMMIGRANT haust tailpipe assemblies on Piper Model taining to it. PA-23-250 and PA-E23-250 Aircraft Se­ (b) The Commission observed that § 204.1 [Amended] rial Nos. 27-2505 through 27-3858 that the proposed advertising is deceptive. The fourth sentence of paragraph (a) incorporate AiResearch Turbosuper- Statements of the nature and value of Relative of § 204.1 Petition is amended charged Lycoming IO-540-J4A5 or IO - the prizes are misleading. The proposed to read as follows: “American consular advertisement discloses little of the na­ 540-C4B5 engines installed in accord­ officers assigned to visa-issuing posts ture of the contest in which readers are ance with Supplemental Type Certificate abroad, except those in Austria, Ger­ invited to participate. The contest might many, Greece, Italy, Japan, the Phllip- No. SA909WE or SA978WE, or in ac­ expire at any moment. -pines, Hong Kong, and Mexico are also cordance with Piper Aircraft Corp. (c) On the basis of the facts as pre­ -authorized to approve any petition on Drawing No. 32016, that presented a se­ sented, the Commission concluded that Form 1-130 when the petitioner and ben­ rious hazard from fire. Since this con­ the proposed advertising, if circulated, eficiary are physically present in the area would be in violation of section 5 of the dition is likely to exist or develop in other over’ which the consular officers have aircraft of this model, an airworthiness Federal Trade Commission Act. jurisdiction; while such consular officers (d) The Commission noted that the are authorized to approve such petitions, directive is being issued to require in­ proposed contest is so intertwined with they shall refer any petition which is not spection and modification of the tail­ the proposed advertising that the plan clearly approvable to the appropriate pipe installations in the affected aircraft. as a whole, if implemented, would be in Service office outside the United States Since a situation exists that requires violation of law. for decision.” immediate adoption of this regulation, (38 Stat. 717, as amended; 15 U.S.C. 41-58) PART 238— CONTRACTS WITH it is found that notice and public proce­ Issued: October 10,1968. TRANSPORTATION LINES dure hereon are impractical and good By direction of the Commission. § 238.4 [Amended] cause exists for making this amendment [ s e a l ] J o s e p h W . S h e a , effective in less than 30 days. Secretary. The listing of transportation lines In consideration of the foregoing, and under “At Vancouver” of § 238.4 Pre- [F.R. Doc. 68-12396; Filed, Oct. 10, 1968; pursuant to the authority delegated to 8 :4 7 a .m .] inspection outside the United States is amended by adding the following trans­ me by the Administrator (31 F.R. 13697), portation line in alphabetical sequence: § 39.13 of Part 391 of the Federal Avia­ Great Northern Airways, Ltd. tion Regulations is amended by add­ Title 8— ALIENS AND ing the following new airworthiness (S e c. 103, 66 S ta t. 173; 8 U .S .C . 1103) directive:

NATIONALITY This order shall be effective on the date P ip e r . Applies to Model PA-23-250 and PA- Chapter I— Immigration and Natural­ of its publication in the F e d e r a l R e g i s t e r E23-250 Aircraft Serial Nos. 27-2505 ization Service, '’ Department of except with regard to the amendment to through 27-3858 that Incorporate § 204.1(a) which shall become effective AiResearch Turbosupercharged Lycom­ Justice on October 15,1968. Compliance with the ing IO—540-J4A5 or IO-54C-C4B5 En­ provisions of Part 553 of Title 5 of the gines Installed in accordance with Sup­ MISCELLANEOUS AMENDMENTS TO plemental Type Certificate No. SA909WE CHAPTER United States Code (Public Law 89-554, or SA978WE, or in accordance with Piper 80 Stat. 383), as to notice of proposed rule Aircraft Corp., Drawing No. 32016. The following amendments to Chapter making and delayed effective date is un­ Compliance required within 10 hours of I of Title 8 of the Code of Federal Regu­ necessary in this instance because the aircraft operations after the effective date lations are hereby prescribed: amendment to § 103.1 (i> pertains to of this airworthiness directive, unless previ­ PART 103— POWERS AND DUTIES agency management; the amendment to ously accomplished. § 103.4 is clarifying in nature; and the To preclude failures of the exhaust tailpipe OF SERVICE OFFICERS; AVAIL­ amendment to § 238.4 adds a transporta­ assemblies, AiResearch F/N 286-P23-060-5 ABILITY OF SERVICE RECORDS tion line to the listing. With regard to the and P/N 286-P23-060-9 : Paragraph (i) of § 103.1 Is amended to amendment to § 204.1 (a) which become^ (a) Visually inspect both the left and right hand engine tailpipes for cracks or deforma­ read as follows: effective on October 15, 1968, notice of proposed rule making and delayed effec­ tion. If a crack or deformation is found in § 103.1 Delegations of authority. either tailpipe, retire the affected tailpipe as­ tive date is unnecessary because the ***** sembly and replace with a new tailpipe as­ amendment confers a benefit upon per­ sembly of the same part number. (i) Immigration officer. Any immi­ sons affected thereby. (b) Visually inspect both the left and grant inspector, immigration patrol right hand engine tàilpipes for sufficient inspector, airplane pilot, deportation Dated: October 7,1968. clearance between the tailpipes and the fire­ officer, detention guard, investigator, walls and between the tailpipes and the R a y m o n d F . F a r r e l l , general attorney (nationality), trial at­ cowl flaps in accordance with AiResearch Commissioner of torney (immigration), or supervisory Aviation Service Co. Service Bulletin No. Immigration and Naturalization. officer of such employees is hereby desig­ 14.1.8 d a te d A p r il 25, 1968, or la te r F A A - approved revisions. If sufficient clearance nated as an immigration officer author­ [FJL Doc. 68-12386; Filed, Oct. 10, 1968; ized to exercise the powers and duties 8 :4 6 a.m .]

FEDCRAt REC I STEM, V O L. 33. NO. 199— FRIDAY, OCTOBER TT, 1968 RULES AND REGULATIONS 15201

does not exist, install AiResearch Kit P/N 552(a)(1). All persons affected by this in full is maintained by the FAA at its 301-P23-063 and adjust for sufficient clear­ directive who have not already received headquarters in Washington, D.C., and at ance in accordance with the above service these documents from the manufacturer bulletih. FAA Western Region. may obtain copies upon request to AiRe­ search Aviation Service Co., 6201 West Issued in Los Angeles, Calif., on Oc­ This amendment becomes effective tober 3, 1968. October 28, 1968. Imperial Highway, Los Angeles, Calif. 90045. These documents may also be ex­ A r v i n O . B a s n i g h t , Director, FAA Western Region. (Secs. 3 1 3 (a ), 601, 603, F e d e ra l A v ia tio n A c t amined at FAA Western Region, 5651 of 1958; 49 U .S .C . 1 3 5 4 (a ), 1421, 1423) West Manchester Avenue, Los Angeles, The incorporation by reference provi­ sions in this document were approved by The manufacturer’s specifications and Calif. 90045, and FAA Headquarters, 800 the Director of the Federal Register on procedures identified and described in Independence Avenue SW., Washington, October 10,1968. D.C. 20553. A historical file on this AD this directive are incorporated herein and [F .R . D oc. 68-12377; F iled , O ct. 10, 1968; made a part hereof pursuant to 5 U.S.C. which includes the incorporated material 8:45 a .m .]

SUBCHAPTER F— AIR TRAFFIC AND GENERAL OPERATING RULES [Reg. Docket No. 9168; Arndt. 618]

p a r t 97— STANDARD INSTRUMENT APPROACH PROCEDURES Miscellaneous Amendments The amendments to the standard instrument approach procedures contained herein are adopted to become effective when indicated in order to promote safety. The amended procedures supersede the existing procedures of the same classi­ fication now in effect for. the airports specified therein. For the convenience of the users, the complete procedure is repub­ lished in this amendment indicating the changes to the existing procedures. As a situation exists which demands immediate action in the interests of safety in air commerce, I find that compliance with the notice and procedure provisions of the Administrative Procedure Act is impracticable and that good cause exists for making this amendment effective within less than 30 days from publication. In view of the foregoing and pursuant to the authority delegated to me by the Administrator (24 F.R. 5662), Part 97 (14 C F R Part 97) is amended as follows: 1. By amending §97.11 of Subpart B to delete low or medium frequency range (L/M F), automatic direction finding (A D F ) and omnirange (VOR) procedures as follows: Tampa, Fla.— Tampa International, NDB (ADF) Runway 18L, Arndt. 22, 25 Nov. 1967 (established under Subpart C). Tampa, Fla.— Tampa International, NDB (ADF) Runway 36L, Arndt. 4, 23 Sept. 1967 (established under Subpart C). Cape Girardeau, Mo.— Municipal, VOR Runway 2, Arndt. 2, 23 Sept. 1967 (established under Subpart C). Cape G ira rd e a u , M o.— M u n ic ip a l, V O R R u n w a y 20, A rndt. 2, 23 S ep t. 1967 (e s ta b lis h e d u n d e r S u b p a r t C ) . La Porte, Tex.— La Porte Municipal, VOR 1, Arndt. 1, 13 Jan. 1968 (established under Subpart C). Tampa, Fla.— Tampa, International, VOR Runway 9, Arndt. 2, 14 Oct. 1967 (established under Subpart C). 2. By amending §97.11 of Subpart B to cancel low or medium frequency range (L/M F), automatic direction finding ( A D F ) and very high frequency omnirange (VOR) procedures as follows: G reen w ood , M iss.— M u n ic ip a l, V O R 1, A rn dt. 5, 17 D ec. 1966, canceled , effective 31 O ct. 1968. 3. By amending §. 97.13 of Subpart B to delete terminal very high frequency omnirange (TerVOR) procedures as follows: Enid, Okla.— Enid Woodring Municipal, TerVOR-17, Orig., 24 July 1965 (established under Subpart C). Enid, Okla.— Enid Woodring Municipal, TerVOR-35, Arndt. 1, 24 July 1965 (established under Subpart C).. ■S Kearney, Nebr.— Kearney Municipal, VOR-18, Arndt. 1, 4 Dec. 1965 (established under Subpart C ). 4. By amending § 97.17 of Subpart B to amend instrument landing system (ILS) procedures as follows: Standard I nstrument A pproach P rocedure—T ype ILS Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles. If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator. Initial approaches shall be made over specified routes. Minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.

Transition Ceiling and visibility minimums

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

FCM V O R - LOM. Direct...... 2500 T-dn£...... 300-1 300-1 2 00-V i MSP V O R ...... LOM. D irect...... 2600 C-dn ...... 500-1 500-1 500-U I FOT V O R ../ LOM. Direct------' 2500 $S-dn-29L*_____ 200-M 200-J^ 200-!^ Prior In t...... LOM. Direct------2600 A-dn__.______600-2 600-2 600-2 White Bear Int. LOM. Direct...... 2500 Category II special authorization required: T D Z Elevation, 822'. Decision heights— S^dn-29L, D H 150', R V R 1600', 972' M SL R A 273.'

Radar available. Procedure turn N side of crs, 116° Outbnd, 295° Inbnd, 2500' within 10 miles. Minimum altitude at glide slope interception Inbnd, 2500'. Altitude of glide slope and distance to approach end of runway at OM, 2326'—5.5 miles; at MM, 1006'—0.5 mile. Distance to Inner Marker, 1242', Crs and distance, 2.2-mile D M E Fix and Egan Tank Radar Fix to Airport, 295°—2 miles. L I, visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 5.5 miles after passing LO M , climb to 2500' on NW ire, wit run 10 miles, return to Newport LO M ; or when directed by A T C , make left-climbing turn, climb to 2600' and return to Newport LOM . DH 680ry ** Missed Approach” : Climb to 2500' on N W crs of IL S within 10 miles and return to Newport LO M if contact with visual I guidanceguidance isystem not established at P ™ P sh?uld not be used to determine aircraft position over MM, runway threshold or runway touchdown point. D M E located at glide slope site f KV R 2400' authorized Runway 29L. *inrL_ay ^-engine turbojet: R V R 800' all other aircraft. Descent below 1040' not authorized unless approach lights are visible. riMv re9ui(?d wben glide slope not utilized, 600-M authorized with operative A L S except for 4-engine turbojets. 400' minimum authorized after passing the 2 2-mile rix or the Egan Tank Radar Fix. • 6 Supplementary charting information: 29L LO M named Newport. City, Minneapolis; State, Minn.; Airport name, Minneapolis-St. Paul International (Wold-Chamberlain); Elev., 840'; Fac. Class., ILS; Ident.. I-M SP- Procedure N o ILS Runway 29L, Arndt. 26; Eff. date, 31 Oct. 68; Sup. Arndt. No. 25; Dated, 15 Aug. 68

FEDERAL REGISTER, VO L. 3 3 , N O . 199— FRIDAY, OCTOBER 11, 1968 15202 RULES AND REGULATIONS

5. By amending § 97.17 of Subpart B to delete instrument landing system (ILS) procedures as follows: Tampa, Fla.— Tampa International, ILS Runway 18L, Arndt. 24, 25 Nov. 1967 (established under Subpart C>. Tampa, Fla.— Tampa International, LOC (BC) Runway 36R, Arndt. 11, 23 Sept. 1967 (established under Subpart C).

6. By amending § 97.19 of Subpart B to delete radar procedures as follows: La Porte, Tex.— La Porte Municipal, Radar 1, Orig., 5 Dec. 1964 (established under Subpart C ). Tampa, Fla.— Tampa International, Radar 1, Orig., 9 Sept. 1967 (established under Subpart C). 7. By amending § 97.21 of Subpart C to amend low or medium frequency range (L/M F) procedures as follows: Standard I nstrum ent A pproach P rocedure—T ype LFR Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in ieet M SL, except H A T , H A A , and R A . Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles or hundreds of feet R V R . If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, unless an approach is conducted in accordance with a dinerent procedure for such airport authorized by the Administrator. Initial approach minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.

Terminal routes Missed approach

Minimum From— To— Via altitudes M A P : 1.3 miles after passing K E L F R . " (feet)

E N A V O R ...... K E L F R ...... 1700 Climb to 1700' on S crs of K E L F R within Swanson D M E Fix...... North crs KE LFR (NO PT)'...... 220° heading 3.5 miles_____ 1700 15 miles. Supplementary charting information: An­ tenna 185' 0.8 mile SW Runway 01. Antenna 140' 0.4 mile SW Runway 01.

Procedure turn W side of crs, 009° Outbnd, 189° Inbnd, 1700' within 10 miles of K E L F R . F A F , K E L F R . Final approach crs, 188°. Distance F A F to M A P , 1.3 miles. Minimum altitude over K E L F R , 800'., M SA: N E —2000'; SE—3000'; SW— 1300'; N W —1500'.

Day and N ight Minimums

AB C D Cond. MDAVISHAA MDAVIS HAA MDA VIS HAA MDA"VIS HAA

C ...... 500 1 408 560 1 468 560 IK 468 660 2 568

A ...... Standard. T 2-eng. or less-—Standard. T over 2-eng.— Standard.

City, Kenai; State, Alaska; Airport name, Kenai Municipal; Elev., 92'; Facility, K E ; Procedure No. L F R Runway 19, Arndt. 13; Eff. date, 31 Oct. 68; Sup. Arndt. No. 12; Dated, 11 July 68 8. By amending § 97.23 of Subpart C to establish very high frequency omnirange (VOR) and very high frequency-distance measuring equipment ÎVOR/DME) procedures as follows: Standard I nstrument A pproach P bocedure—T ype VOR Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet M SL, except H A T , H A A , and R A . Ceilings are in feet above airport elevation: Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles or hundreds of feet R V R . If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator. Initial approach minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.

Terminal routes Missed approach

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

Tamms Int___ ...... CGI VOR... ______...... Direct______2000 Climbing right turn to 2000', return to Allen ville In t...... C G I V O R ______Direct_____ ...... 2000 C G I V O R . Supplementary charting information: Final approach crs intercepts runway centerline extended SOSO7 from threshold. Steel tower 12.3 miles N to 2487T. T D Z Elevation, 342'.

Procedure turn W side of crs, 190° Outbnd, 010° Inbnd, 2000' within 10 miles of C Q I V O R . Final approach crs, 010°. Minimum altitude over Kelso Fan Marker, 940'. M SA within 25 miles of C G I V O R : 090°-180°—3000'; 180°-270°—1800'; 270°-090°—3500'. %Plan IF R departures N W , N , and N E to avoid 2487' tower 12.3 miles N . Day and N ight Minimums'

A BC D Cond. MDA VIS HATMDAVIS HAT MDA VIS HAT MDA VIS HAT

S-2...... 940 1 598 940 1 . 598 940 1 598 940 1H ' 698 MDAVISHAA MDAVISHAA MDA VISHAA MDA VIS HAA C ...... 940 1 598' 940 1 598 940 m 598 940 2 598 FM Minimums: MDA VIS HATMDAVIS HAT MDAVISHAT MDA VIS HAT S-2...... 740 1 398 746 I 398 740 I 398 740 1 398 MDA VISHAAMDA VIS HAAMDA VIS HAA MDA VIS HAA C ...... 880 1 538 880 1 538 880 IK 538 900 2 658 A ...... Standard. T 2-eng. or less— Standard.% T over 2-eng.-—Standard.%

City, Cape Girardeau; State, Mo.; Airport name, Municipal; Elev., 342'; Facility, C G I; Procedure No. V G R Runway 2, Arndt. 3; Efi. date, 31 Oct. 68; Sup. Amdt. No. 2; Dated, 23 Sept. 67

FEDERAL REGISTER, VOL. 33, NO. 199— FRIDAY, OCTOBER 11, 1968 RULES AND REGULATIONS 15203

Standard I nstrument A pproach P rocedure—T ype VO R -—Continued

■ Terminal routes Missed approach Minimum From— To— Via altitudes MAP: CGI VOR. (feet)

Tamms Int----- ______C G I V O R ______. Direct______2000 Climbing right turn to 2000' on R 190°. Allenville Int— ______.... CGI VOR ______. Direct...... 2000 Hold on R 190°, 010° Inbnd, left turns, 1-minute pattern. Supplementary charting information: Final approach crs intercepts runway centerline extended 2544' from threshold. Steel tower 12.3 miles N to 2487'. T D Z Eleva­ tion, 337'.

Procedure turn S side of crs, 275° Outbnd, 095° Inbnd, 2000' within 10 miles of C GI V O R. Final approach crs, 095°. Minimum altitude over Scott Fan Marker, 840'. MSA within 25 miles of C G I V O R : 090°-180°—3000'; 180°-270°—1800'; 270°-090°—3500'. Note: Inoperative table does not apply to H IR L Runway 10. %Plan IF R departures N W , N , and N E to avoid 2487' tower 12.3 miles N .

Day and N ight M inimums

A BCD Cond. MDAVIS HAT MDAVIS HAT MDAVIS HAT MDA VIS HAT

S-10..-4 ______840 1 503 840 1 _ 503 840 1 503 840 IK 603 MDA VISHAAMDAVIS HAA MDA • VIS HAA MDA VIS HAA

C.....Î; ...... 880 1 538 880 1 538 880 VA 538 900 2 558 F M Minimums:

MDA VISHATMDAVISHAT MDA VISHAT MDAVIS HAT

S-10....'. ______740 1 403 740 1 403 740 1 403 740 1 403

A ...... Standard. T 2-eng. or less— Standard.% T over 2-eng.-—Standard.%

City, Cape Girardeau; State, Mo.; Airport name, Municipal; Elev., 342'; Facility, C G I; Procedure No. V O R Runway 10, Arndt. Orig.; Eff. date, 31 Oct. 68

Terminal routes Missed approach

Minimum From— 1_ To— Via altitudes M A P : C G I V O R . (feet)

TammsInt...... -■...... -V-...... C G I V O R ...... Direct______3000 Climbing left turn to 2000' on R 190°. Allenville Int...... ,...... C G I V O R . . . : . . . ------Direct...... L it...... 3000 Hold on R 190°, 010° Inbnd, left turns, 1-minute pattern. Supplementary charting information: Final approach crs crosses runway centerline extended 900' from threshold. Steel tower 12.3 miles N to 2487'. T D Z Eleva­ tion, 339'.

Procedure turn E side of crs, 032° Outbnd, 212° Inbnd, 3000' within 10 miles of C G I V O R . Final approach crs, 212°. MSA within 25 miles of C G I V O R : 090°-180°—3000'; 180°-270°— 1800'; 270°-090°—3500'. %Plan I F R departures NW , N , and N E to avoid 2487' tower 12.3 miles N .

Day and N ight Minimums

Cond. ------>------:______MDA VIS HAT MDA VIS HAT MDA VIS HAT MDA VIS HAT

8-2°— -...... 1000 1 661 1000 1 661 1000 IJ* 661 1000 VA 661

MDA VIS HAA MDA VIS HAA MDA VIS HAA MDA VIS HAA

C...... - ...... : ...... 1000 1 658 1000 1 658 1000 VA 658 1000 2 668

A ...... : ...... - ...... Standard. T 2-eng. or less— Standard.% ' T over 2-eng.— Standard.%

City, Cape Girardeau; State, Mo.; Airport najpe, Municipal; Elev., 342'; Facility, C G I; Procedure No. V O R Runway 20, Arndt. 3; Eff. date, 31 Oct. 68; Su d . Arndt No. 2; Dated, 23 Sept. 67

FEDERAL REGISTER, VO L. 33 , N O . 199— FRIDAY, OCTOBER 11 No. 109----- 2 1968 15204 RULES AND REGULATIONS

Standard I nstrument A pproach P rocedure—T ype VOR— Continued

Terminal routes Missed approach Minimum From— To— Via altitudes M A P : 5 miles after passing Wellborn Int. (feet)

Washington Int...... Ju dy Int______360° crs and T N V R 330°.... 1800 Climb to 1800' direct to C L L V O R and Judy Int...... - ...... ______Wellborn Int (N O P T )...... ______Direct______1500 hold. C L L V O R ...... Wellborn Int______...... Direct______1800 Supplementary charting information: Hold W, 1 minute, right turns, 100° Inbnd. T D Z Elevation, 314'.

Procedure turn N side of crs, 100° Outbnd, 280° Inbnd, 1800' within 10 miles of Wellborn Int. F A F , Wellborn Int. Final approach crs, 280°. Distance F A F to M A P , 5 miles. Minimum altitude over Wellborn Int, 1500'. ” ' / M SA: 000°-090°—2100'; 090°-180°—1600'; 180°-360°—1900'. Day and Night Minimums

A R C D

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

S - 2 8 ...... 740 1 426 740 1 426 740 1 426 ' 740 1 426

MDA, VIS HAA, MDA ... VIS HAA MDA VIS ^ HAA MDA VIS . HAA

C ...... 800 1 481 820 1 501 860 . VA 541 880 2 561

A ...... Standard. T 2-eng. or less—Standard. T over 2-eng.— Standard.

City, College Station; State, Tex.; Airport name, Easterwood Field; Elev., 319'; Facility, C L L ; Procedure No. V O R Runway 28, Arndt. Orig.; E£f. date, 31 Oct. 68

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

P N C V O R T A C ...... ______o d G v o r ...... Direct...... t...... 2800 Climb to 2700' on R 166p of O D G VOR IF I V O R T A C .l...... ODGVOR.. ______Direct...... ' 2700 within 20 miles. O K C V O R T A C ...... — ...... ODGVOR...... Direct...... 3500 Supplementary charting information: De­ A N V V O R . O D G V O R ...... Direct...... 3000 pict 5.5-mile Radar Fix from threshold Cashion Int...... - ...... ODGVOR...... Direct...... 3500 as stepdown fix. T D Z Elevation, 1163'.

Procedure turn E side of crs, 346° Outbnd, 166° Inbnd, 2700' within 10 miles of O D G V O R . Final approach crs, 166°. Minimum altitude over 5.5-mile Radar Fix, 1600'. M SA: 000°-090°—2600'; 090°-180°—3600'; 180°-270<>—2700'; 270°-360°—2900', ♦When Control^Zone^s’not effective, except for operators with approved weather reporting service: (1) Use Ponca City, Okla., FSS altimeter setting. (2) Alternate mini­ mums not authorized. (3) Increase straight-in and circling M D A 170'. Day and N ight Minimums

A B C D

C°nd‘ MDA VIS HAT MDA VIS HAT MDA VIS HAT VIS

S-17»...... _...... 1600 1 437 1600 1 437 1600 1 437 NA

MDA VIS HAA MDA VIS HAA MDA VIS HAA

C *...... 1600 1 437 1620 1 457 1620 VA ~ 457 NA

VOR/Radar Minimums: MDA VIS HAT MDA VIS HAT MDA VIS HAT

g_17...... : ...... 1660 1 397 1560 1 397 1560 1 397 NA

MDA VIS HAA MDA VIS HAA MDA VIS HAA

C ...... 1560 1 397 n 1620 1 457 1620 VA 457 N A

\ ______Standard.* T 2-eng. or less—Standard. T over 2-eng.— Standard.

City Enid: State, Okla; Airport name, Enid Woodring Municipal; Elev., 1163'; Facility, O D G ; Procedure No. VO R Runway 17, Arndt. 1;Eft. date, 31 Oct. 68j. Sup. Arndt. No. Ter VOR-17, Orig.; Dated, 24 July 65

FEDERAL REGISTER, VO L. 33 , N O . 199— FR ID AY, OCTOBER ¥1/ I9 fr8 RULES AND REGULATIONS 15205

Standard I nstrument A pproach P rocedure— T ype VOR— Continued

Terminal routes Missed approach

Minimum From— To— Via altitudes M A P : O D G V O R . (feet)

PNC V O R T A C ...... O D G V O R ____ Direct...... 2800 Climb to 2700' on R 356° of O D G V O R IFI V O R T A C .— ------. O D G V O R ____ Direct...... 2700 within 20 miles. OKC V O R T A C ...... O D G V O R ____ Direct______3500 Supplementary charting information: De- a n y VOR ...... - ...... O D G V O R ____ 3000 pict 4.2-mile Radar Fix from threshold Cashion Int-----...... O D G V O R ____ Direct______3500 as stepdown fix. T D Z Elevation, 1150'.

Procedure turn E side of crs, 176° Outbnd, 356° Inbnd, 2700' within 10 miles of O D G V O R . Final approach crs, 356°. Minimum altitude over 4.2-mile Radar Fix, 1600'. MSA: 000°-090°—2600'; 090°-180°—3600'; 180 -270°—2700'; 270°-360°—2900'. Note: Radar vectoring. •When Control Zone is not effective, except for operators with approved weather reporting service: (1) Use Ponca City, Okla., FSS altimeter setting. (2) Alternate minimums not authorized. (3) Increase straight-in and circling M D A 170'. Day and N ight Minimums

A BC D

MDA VIS HAT MDA VIS HAT MDA VIS HAT VIS

S—35* 1600 1 450 1600 1 450 1600 1 450 N A MDA V IS H A A MDA VISHAAMDAVIS HAA c*...... 1600 1 437 1620 1 457 1620 iK 457 • NA VOR/Radar Minimums:

MDA VIS HAT MDA VIS HAT MDAVISHAT

8-35...... ^ . 1520 1 370 1520 1 370 1520 1 - 370 NA

MDA VIS HAA MDA VIS HAA MDA VIS HAA c ...... 1560 1 397 1620 1 457 1620 IK 457. NA A______Standard.* T 2-eng. or less— Standard. T over 2-eng.— Standard.

City, Enid; State, Okla.; Airport name, Enid Woodring Municipal; Elev., 1163'; Facility, O D G ; Procedure No. V O R Runway 35, Amdt. 2; Eff. date, 31 Oct. 68; Sup. Arndt. - No. TerVOR-35, Amdt. 1; Dated, 24 July 66

Terminal routes Missed approach

Minimum From— - To— Via altitudes M A P : E A R V O R . (feet)

Poole Int...... E A R V O R ------. Direct______. ______3600 Climbing left turn to 3600', return to E A R VOR. Supplementary charting information: Final approach crs intercepts runway center- line 4455' from threshold. T D Z Eleva­ tion, 2128'.

Procedure turn W side/Of crs, 350° Outbnd, 170° Inbnd, 3600' within 10 miles of E A R VO R . Final approach crs, 170°. Minimum altitude over Fan Marker, 2600'.* (* 2700' when Control Zone not effective). MSA within 25 miles of facility : 000°-180°—4300'; 180°-270°—3800'; 270°-360°—3700'. Note: Use Grand Island altimeter setting when Control Zone not effective. $Alternate minimums not authorized when Control Zone not effective, except operators with approved weather reporting service. •Circling and straight-in M D A increase 100' when Control Zone not effective.

. DAT AND NlGHT MINIMUMS

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

S-18--^ ...... -- ...... 2600 1 472 2600 1 472 2600 1 472 2600 1 472 F M Minimums:

MDA VIS HAT MDA VIS HAT MDA VIS HAT MDA ViS HAT

8-18 ...... 2440 1 312 2440 1 312 2440 1 312 2440 1 312

MDA VIS HAA MDA VIS HAA MDA VIS HAA MDA VIS HAA

C...... - ...... - - - - - 2600 1 470 2600 1 470 2600 1K 470 2680 2 550

^ ...... ,...... Standard. $ T 2-eng. or less— Standard. T over 2-eng.— Standard.

City, Kearney; State, Nebr.; Airport name, Kearney Municipal; Elev., 2130'; Facility, E A R ; Procedure No. V O R Runway 18, Amdt. 2; Eff. date, 31 Oct. 68; Sup. Amdt. No. Ter VOR-18, Amdt. 1; Dated, 4 Dec. 65

FEDERAL REGISTER, VO L. 33, N O . 199— FRIDAY, OCTOBER 11, 1968 15206 RULES AND REGULATIONS

Standard I nstrument A pproach P rocedure—T ype VOR— Continued

Terminal routes Missed approach Minimum From— To— Via altitudes M A P : 5.9 miles after passing Hyde Int. (feet)

H O U V O R T A C ...... ------______Hyde Int______— ...... Direct____ ...... 1600 Climb to 1600', right turn to intercept HOU VORTAC R 066° to Fry Int and hold. Supplementary charting information: Hold N E , 1 minute, right turns, 246° Inbnd. Depict Hyde Int as a VHF/DM E Fix. Depict M A P also as 11.1 DM E.

Procedure turn N side of crs, 075° .Outbnd, 255° Inbnd. 1600' within 10 miles of Hyde Int. F A F , Hyde Int. Final approach crs, 255°. Distance F A F to M A P , 5.D miles.

M 1^w ^ i n t25Umile7of H O U V O R T A C : 000°-090°—1600'; 090°-180°—2200'; 180°-270°—2500'; 270°-360°—1800'. N otes: (1) A S R . (2) Use Houston, Tex., altimeter setting when L a Porte altimeter setting not received. #MDA increased 30'when La Porte altimetei; setting not received. D a y a n d N ight Min im u m s

Cond. VIS MDA VIS HAA MDA VIS HAA MDA VIS HAA

c# ...... 440 1 411 480 1 451 480 IK 451 N A

A ...... Not authorized. T 2-eng. or less—Standard. T over 2-eng.—Standard.

City La Porte' State, Tex.; Airport name, L a Porte Municipal; Elev., 29'; Facility, H O U ; Procedure No. VO R -1, Arndt. 2; Efl. date, 31 Oct. 68; Sup. Arndt. No. 1; Dated, ^* 1 IS Tan.

Terminal routes Missed approach Minimum M A P : 8.7 miles after passing PIE; From— To— Via altitudes V O RT A C .

1600 Climb to 1600', left turn direct to PIE PicnicNDB...... P IE V O R T A G ...... Direct— R 243°, PIE VORTAC (NOPT)...... 8-mile Are. 1600 V O R T A C , or when directed by ATC, R 132°, P IE V O RT A C clockwise...... 1600 climb to 1700', left turn direct to Van R 330°, P IE V O RT A C counterclockwise. R 243°, PIE VORTAC (NOPT)...... 8-mfle Are. P IE V O R T A C (N O P T > ...... R 270°- — 1600 Dyke LO M and hold. Landfall Int...... - ...... Supplementary charting information: Hold N , 1 minute, right turns, 181° Inbnd. 210' tower on final approach. TDZ elevation, 21'.

Procedure turn S side of crs, 243° Outbnd, 063° Inbnd, 1600' within 10 miles of P IE VORTAC. F A F r P IE V O R T A C . Final approach crs, 063°. Distance F A F to M A P , 8.7 miles. Minimum altitude over P IE V O R T A C , 1600'; over 5-mile D M E , 600 . M SA: 000°-090°—2100'; 090°-180°—2500'; 180°-360°—1500'. N o t e: ASR. D a y a n d N ight M in im u m s

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

579 1 579 600 1 579 600 »?4 B-9.’...... 600 1 579 600 HAA MDA VIS HAA MDA VIS HAA MDAVIS HAA MDA VIS 573 600 2 573 C...... 600 1 573 600 1 573 600 IK D M E Minimums: VIS HAT MDA VIS HAT MDA VIS HAT MDA VIS , H A T MDA 439 1 439 460 1 439 460 1 S-9____ - ...... 460 1 439 460 VIS HAA MDA VIS HAA MDA VTS HAA MDA VIS HAA MDA 553 1 533 560 IK 533 580 2 C ...... T— — 560 1 533 560 18L, R V R 24; Standard all other T 2-eng. or less— Runway 18L, R V R 24; Standard all other T over 2-eng.— Runway ...... ______Standard. A..... runways. runways.

City, Tampa; State, Fla.; Airport name, Tampa International; Elev., 27'; ^ ^ y’14P^ ^ r7ocedure N o ‘ V 0 R Runway 9’ Am dt' 3; Efl>date’ 31 ° Ct 681 SUP’

FEDERAL REGISTER, V O I. 3 3 , N O . 199— FRIDAY, OCTOBER 11, 1968 RULES AND REGULATIONS 15207

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

S t a n d a r d I n s t r u m e n t A p p r o a c h P r o ced ur e—T y p e V O R Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in Teet M SL, except H A T , H A A , and R A . Ceilings are in feet above airoort elevation: Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles or hundreds of feet R V R . If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure unless an approach is conducted in accordance with a different procedure for such airport authorized.by the Administrator. Initial approach minimum

Terminal routes Missed approach Minimum From— To— Via altitudes M A P : 2.5 miles after passing C L L V O R . (feet)

Anthony lut...... CLL VOR (NOPT)...... Direct...... 1000 Climb to 1800' on C L L V O R R 100° fa Judy Int and hold or, when directed by A T C , climb to 1800' right turn to R 141° C L L VO R within 15 miles. Supplementary charting information: Hold E , 1 minute, right turns, 280° Inbnd. T D Z "Elevation, 318'.

Procedure turn S side of crs, 279° Outbnd, 099° Inbnd,1800' within 10 miles of C L L V O R . FAF, C L L V O R . Final approach crs, 099°. Distance F A F to M A P , 2.5 miles. Minimum altitude over C L L V O R , 1000'. MSA: 000°-090°—2100'; 090°-180°—1600'; 180°-360°—1900'. D a y a n d N ight M in im u m s

„ A ® C D Cond. ------—------MDA VIS HAT MDA VIS HAT MDA VIS HAT MDA VIS HAT

MO— ...... 620 1 302 620 1 302 620 1 302 620 1 302

MDA VIS HAA MDA ' VIS HAA MDA VIS ,HAA MDA VIS HAA

C...... 800 1 481 820 1 501 860 1}$ 541 880 2 561

A...... Standard. TT 2-eng.2-eng. oror less—less— Standard. Standard. TT overover 2-eng.—2-eng.— Standard. Standard.

City, College Station; State, Tex.; Airport name, Easterwood Field; Elev., 319'; Facility C L L ; Procedure N o . V O R Runway 10, Arndt. 8; Eft. date 31 Oct 68- Sun Arndt N o .7; Dated, 10 Feb .68 ’

Terminal routes Missed approach Minimum From— To— Via altitudes M A P : 2.4 miles after passing E N A V O R . (feet)

m u . ™ -‘í' ^ I Í ¡ Í l l 1700 Climb to 1700' on R 186° E N A V O R with­ Swanson DME Fix______------1700 in 15 mile.g. Supplementary charting information: A n ­ tenna 185', 0.8 mile SW of airport. Antenna 140', 0.4 mile SW of airport. L F R antenna 228', 1.3 miles N of airport.

Procedure turn W side of crs, 006° Outbnd, 186° Inbnd, 1700' within 10 miles of E N A V O R . FAF, E N A V O R . Final approach crs, R 186°. Distance F A F to M A P , 2.4 miles. Minimum altitude over E N A V O R ,-800'; over K E L F R , 480'. MSA: 000°-090°—2000'; 090°-180°—3000'; 180°-270°—1300'; 270°-360°—1500'. '

D a y a n d N igh t M in im u m s

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

¡ 8-19___ 1 388 480 1 388 480 1 388 480 1 388

MDAVIS HAA MDAVIS HAA MDAVIS HAA MDAVIS HAA C— 1 408 560 1 468 560 IJ* 468 660 3 668 VOR/LFR Minimums:

MDA VIS HAT MDAVIS HAT MDA VIS HAT MDAVIS HAT 8-19___ 1 308 400 1 308 400 1 308 400 1 308 A.... T 2-eng. or less— Standard. T over 2-eng.-—Standard:

pity, Kenai; State, Alaska; Airport name, Kenal Municipal; Elev., 92'; Facility, E N A ; Procedure No. V O R Runway 19, Arndt. 4; Eft. date, 81 Oct. 68; Sup. Arndt. N o 3: Dated, 11 July 68

FEDERAL REGISTER, VOL. 33, NO. 199— FRIDAY, OCTOBER H * 1968 15208 RULES AND REGULATIONS

10. By amending § 97.25 of Subpart C to establish localizer (LOC) and localizer-type directional aid (LDA) procedures as follows: S t a n d a r d I n s t r u m e n t A p p r o a c h P r o ced ur e—T y p e LOC

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

Terminal routes Missed approach Minimum M A P : 6 miles after passing Dawson Int.! From— To— Via altitudes

Dawson Int...... Direct..— 3000 Climb to 1700' direct to Van Dyke LOM, Van Dyke LO M 3000 and hold. PIE VORTAC. Dawson In t...... Direct------Dawson In t...... Direct------3000 Supplementary charting information: Van Picnic N D B ____ 2600 Dyke L O M —Hold N , 1 minute, right South Bay Int_. Westgate Int (N O P T )...... L ()C (B C ) Dawson Int (N O PT )...... - Direct.:.... 1900 turns, 181° Inbnd. 210' tower 0.5 mile Westgate Int...": W, Runway 36L. T D Z Elevation, 20'.

Procedure turn E side of crs, 181° Outbnd, 001° Inbnd, 3000' within 10 miles of Dawson Int. F A F , Dawson Int. Final approach crs, 001°. Distance F A F to M A P , 6 miles. Minimum altitude over Westgate Int, 2600'; over Dawson Int, 1900'. N ote; ASR. 6 ay and N ight Minimums

D A B G Cond. HAT MDA VIS HAT MDA VIS HAT MDA VIS H A T M D A VIS

.3 4 0 360 340 360 1 340 S-36R...... 360 % 340 360 X H MDA VIS HAA MDA VIS HAA MDÀ VIS H A A M D A VIS HAA 533 580 2 553 c ...... 560 1 533 560 1 533 560 V 4 T 2-eng. or less Runway 18L, R V R 24; Standard all other T over 2-eng. —Runway 18L, R V R 24; Standard all other A ...... Standard. runways. runways. .»

City, Tampa; State, Fla.; Airport name, Tampa International; Elev., 27'; Facility, I-T P A ; Procedure No. LO C (B C ) Runway 36R, Arndt. 12; Eff. date, 31 Oct. 68; Sup. Arndt. No. 11|'Pdtcd; 23 Sept* 67 11. By amending § 97.27 of Subpart C to establish non directional beacon (automatic direction finder) (NDB/ADP) procedures as follows: St a n d a r d I n s t r u m e n t A p p r o a c h P r o c ed u r e—T y p e N D B (A D F ) Bearings headings, courses and radials are magnetic. Elevations and altitudes are in feet M SL, except H A T , H A A , and R A . Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles or hundreds of feet RV R; . , . . . ____ HaMratrament approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, unless an approach is ronducted in accordance with a different procedure for such airport authorized by the Administrator. Initial approach minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.

Terminal routes Missed approach Minimum M A P : 5.9 miles after passing Van Dyk« altitudes LOM. From— To— Via -(feet)

1700 Climbing right turn to. 1700 direct to P IE V O R T A C Van Dyke L O M ...... - ¡ . . Direct. Van Dyke L O M ...... : ...... Direct. 1700 P IE V O R T A C via P IE VORTAC! Picnic N D B ___ R 065° or, when directed by ATOj climb to 2000' direct to Picnic NDB. i Supplementary charting information :_210|

elevation, 26'.

Procedure turn W side of crs, 001° Outbnd, 181° Inbnd, 1700' within 10 miles of Van Dyke LO M . F A F , Van Dyke LO M . Final approach crs, 181°. Distance F A F to M A P , 5.9 miles. Minimum altitude over Van Dyke LO M , 1700;. M SA: 000°-090°—1500'; 090°-180°—2500' ;180°-270 —1500'; 270 -360 —1500 . ote ASR. N : B a v a xttv lS Iin tT T M t m t m t t m s

D ____ A B C Cond. HATMDA VIS HAT MDA VIS HAT MDA VIS HAT MDA VIS

434 434 460 R V R 40 434 460 R V R 50 S-18L...... 460 R V R 40 434 460 R V R 40 VIS HAA MDA VIS HAA MDA VIS HAA MDA VIS HAA MDA 580 2 553 e ...... ____ 560 1 533 560 1 533 560 VÁ 533 all other R V R 24; Standard all T over 2-eng. —Runway 18L, R V R 24; Standard A ...... Standard; T 2-eng. or less— Runway 18L, other runways. runways.

Citv Tampa" State, Fla.; Airport name, Tampa International; Elev., 27'; Facility, T P ; Procedure No. N D B (A D F ) Runway 18L, Arndt. 23; Eff. date, 31 Oct. 68, Sup. Am " No. 22; Dated, 25 Nov. 67

FEDERAL REGISTER, VO L. 3 3 , N O . 199— FRIDAY, OCTOBER 11, 196 8 RULES -AND REGULATIONS 15209

St a n d a r d I n s t r u m e n t A p p r o a c h P r o c e d u r e —-Ty p e NDB (ADF)— Continued

Terminal routes Missed approach

Minimum Prom— To— Via altitudes M A P : 6.1 miles after passing Picnic N D B . (feet)

PIB V O R T A C ...... _____- Picnic N D B ______Direct______3000 Climb to 1700' direct to Van Dyke LO M Lagoon Int...... :------.. .. ______Snorkel Int CNOPT1 ____ 181° from A M P N D B ______2600 and hold. gnorkle In t ....------:...... Picnic N D B (N O P T )...... ______Direct______;______1900 Supplementary charting information: Van Dyke—'Hold N , 1 minute, right turns, 181° Inbnd. 210' tower, 0.6 mile W, Run­ way 36L. T D Z Elevation, 12'.

Procedure turn E side of crs, 181° Outbnd, 001° Inbnd, SOOf/ within 10 miles of Picnic N D B . FAF, Picnic N D B . Pinal approach crs, 001°. Distance P A P to.M AP, 6.1 miles. Minimum altitude over Snorkle Int., 2600'; over Picnic N D B , 1000'. MSA: 000°-180°—2500'; 180°-360°—1600'. N ote: ASK. D a y a n d N ight M inim um s

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

8-36L...... 620 1 608 620 1 508 620 1 508 620 1JÎ 608

MDA VIS HAA MDA “ VIS HAA MDA VIS HAA MDA VIS TT A A

C...... 660 1 633 660 1 633 560 13^ 533 580 2 653

A..______Standard. T 2-eng. or less— Runway 18L, R V R 24; Standard all T over 2-eng.—Runway 18L, R V R 24; Standard all other other runways. . runways.

City, Tampa; State, Pia.; Airport name, Tampa International; Elev., 27'; Facility, A M P ; Procedure No. N D B -(A D F ) Runway 36L, Arndt. 5; EfT. date, 31 Oct 6& Sup Arndt. No. 4; Dated, 23 Sept. 67

Terminal routes Missed approach

Minimum From— To— Via " altitudes M A P : 0 mile after passing O E A N D B . (feet)

Decker Int..______O E A N D B ______Direct______2100 Make left turn, climb to 2100' on 255° crs Patton Int______O E A N D B ______Direct______2100 and return to O E A R B N . New Hebron Int______O E A N D B . . . ______Direct______i ______2100 Supplementary charting information: Indi­ cate all way field on chart.

Procedure turn S side of crs, 265° Outbnd, 075° Inbnd, 2100' within 10 miles of O E A N D B . Final approach crs, 075°. Minimum, altitude over O E A N D B , 1120'. MSA: 000°-360°—2200'. N ote: Use Evansville, Ind., altimeter setting.' •Night minimums not authorized. __ D a y a n d N ight Min im u m s

A B C D Cond. ------MDA VIS HAA MDA VIS HAA V IS VIS

C*...... 1120 1 706 1120 1 706 N A NA

A— ______: Not authorized. T 2-eng. or less.— Standard. T over 2-eng— Standard.

City, Vincennes; State, Ind.; Airport name, O ’Neal; Elev., 414'; Facility, O E A ; Procedure No. N D B (A D F )-l, Arndt. Orig; EfT. date, 31 Oct. 68.

FEDERAL REGISTER, VOL. 33, NO. 199— FRIDAY, OCTOBER 11, 1968 15210 RULES AND REGULATIONS

12. By amending § 97.27 of Subpart C to amend nondirectional beacon (automatic direction .finder) (NDB/ADF) procedures as follows: Standard I nstrum ent A pproach P rocedure—T ype N D B . (A D P ) Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet M SL, except H A T , H A A , and R A . Ceilings are in feet above airport elevation Distances are in nautical miles unless otherwise Indicated, except visibilities which are in statute miles or hundreds of feet R V R . If an instrument approach procedure of the above tjnpe is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator. Initial approach minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.

Terminal routes Missed approach Minimum From— To— Via altitudes M A P : 5.7 miles after passing SL LOM. (feet)

S L N V O R T A C ...... - ...... SL L O M ...... _____ Direct____ ...... 3000 1. Climb to 3000' on 351° bearing from SL L O M within 15 miles. Lindsborg 19-mile DME Fix R 175° SLN S L -L O M (N O P T )______...... Direct____ ...... T. . 3000 2. Proceed to S L N V O R T A C climbing to VORTAC. 3000' on S L N R 003° within 10 miles. 3. Left turn climbing to 4000' on 300° heading, intercept R 262° S LN VOR T A C to Glendale Int. Supplementary charting information: TDZ / elevation, 1270'.

Procedure turn E side of crs, 171° Outbnd, 351° Inbnd, 3000' within 10 miles of SL LOM . F A F , S L LOM . Final approach crs, 351°. Distance F A F to M A P, 5.7 miles. Minimum altitude over SL LO M , 3000'. M SA: 000°-090°—2900'; 090°-270°—3000'; 270°-360°—3100'. N ote: Restricted area 7 miles SW of airport. ♦Increase visibility to 1 mile when Control Tower not in operation.

Day and N ight Minimums

A BC D Cond. MDAVIS HATMDAVIS HATMDAVIS HAT MDAVISHAT

S-35*...... 1620 % 350 1620 % 350 1620 *A 350 1620 1 350

MDA VIS HAA MDA VIS HAA MDA VIS HAA MDA VIS HAA

C ...... 1700 1 428 1740 1 468 1740 \A 468 1840 2 668

A...... Standard. T 2-eng. or less—Standard. T over 2-eng.— Standard.

City, Salina; State, Kans.; Airport name, Municipal; Elev., 1272'; Facility, SL; Procedure No. N D B (A D F ) Runway 35, Arndt. 2; Eff. date, 31 Oct. 68; Sup. Arndt. No. 1; Dated, 6 June 68 13. By amending § 97.29 of Subpart C to establish instrument landing system (ILS) procedures as follows: ' Standard I nstrument A pproach P rocedure—T ype ILS Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet M SL, except H A T , H A A , and R A . Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles or hundreds of feet R V R . If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator. Initial approach minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.

Terminal routes Missed approach

Minimum M A P: IL S D H 226'; L O G 5.9 miles after From— To— Via altitudes passing Van Dyke LOM . (feet)

P IE V O R T A C ...... Van Dyke LOM...... ______Direct____ 1700 Climbing right turn to 225° to 1700', inter­ Picnic N D B ...... Van Dyke L O M . ______...... Direct...... 1700 cept R 080° to P IE V O R T A C or when directed by A T C , climb to 2000' to Picnic NDB. Supplementary charting information: 210' tower 0.5 müe W of Runway 36L. TDZ elevation, 26'.

Procedure turn W side of crs, 001° Outbnd, 181° Inbnd, 1700' within 10 miles of Van Dyke LOM . F A F , Van Dyke LOM . Final approach crs, 181°. Distance F A F to M A P , 5.9 miles. M inimum glide slope interception altitude, 1700'. Glide slope altitude at OM, 1689'; at MM, 215'. Distance to runway threshold at OM, 5.9 miles; at MM, 0.5 mile. M SA: 000°-090°— 1500'; 090o-180°—2500'; 180°-270°—1500'; 270°-360°—1500'. N ote: ASR. Day and Night Minimums

DH VIS HAT DH VIS HAT DH VIS HAT DH VIS HAT

S-18L...... — ... 226 R V R 24 200 226 R V R 24 200. 226 R V R 24 200 226 R V R 24 200

LOC: MDA VIS HAT MDA VIS HAT MDA VIS HAT MDA VIS HAT

S-18L...... 400 R V R 24 374 400 R V R 24 374 400 R V R 24 374 400 R V R 40 374

MDA VIS HAA MDA VIS HAA MDA VIS HAA MDAT' VIS HAA

C...... 560 1 533 560 1 533 560 1A 533 580 2 553 X ...... Standard. T 2-eng. or less— Runway 18L, R V R 24; Standard all T over 2-eng.— Runway 18L, R V R 24; Standard all other other runways. • runways.

City, Tampa; State, Fla.; Airport name, Tampa International; Elev., 27'; Facility, I -T P A ; Procedure No. IL S Runway 18L, Arndt. 25; Eff. date, 31 Oct. 68; Sup. Arndt. No. 24; Dated, 25 Nov. 67

FEDERAL REGISTER, VOL. 3 3 , N O . 199— FRIDAY, OCTOBER I T , 1968 RULES AND REGULATIONS 15211

14. By amending § 97.29 of Subpart C to amend instrument landing system (ILS) procedures as follows: S t a n d a r d I n s t r u m e n t A p p r o a c h P r o ced ur e—T y p e ILS

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

Terminal routes Missed approach

Minimum M A P: ILS , D H , 1470'. L O C 5.7 miles From— To— Via altitudes after passing SL LO M . (feet)

SLN VORTAC... SL L O M .______...... Direct...... 3000 1. Proceed to S L N V O R T A C climbing to Lindsborg 19-mile D M E Fix, R 175° S L N SL LO M (N O P T )______...... S L N LO C --...... 3000 3000' on S L N R 003° within 10 miles. VORTAC. 2. Left turn climbing to 4000' on 300° head­ ing, intercept R 262° S L N V O R T A C , proceed to Glendale Int. Supplementary charting information: T D Z elevation, 1270'.

Procedure turn E side of crs, 171° Outbnd, 351° Inbnd, 3000' within 10 miles of SL LOM . FAF, SL LO M . Final approach crs, 351°. Distance F A F to M A P , 5.7 miles. Minimum glide slope interception altitude, 3000'. Glide slope altitude at OM, 2970'; at MM, 1627'. Distance to runway threshold at OM, 5.7 miles; at MM, 0.7 mile. MSA within 25 miles of SL LO M : 000°-090°—2900'; 090°-270°—3000'; 270°-360°—3100'. N o t e : Restricted area 7 miles SW of airport. •Increase visibility to 1 mile when Control Tower not in operation.

D a y a n d N ight M inim um s

A B_CD Cond. DH VIS HATDHVISHATDHVIS HAT DH VISHAT

S-35*...... 1470 X 200 1470 X 200 1470 X 200 1520 X 250 LOC: J MDA VIS HATMDAVISHATMDAVIS HAT MDA VIS HAT

S-35*...... - - ¿ 1 ^ ...... 1580 X 310 1580 X 310 1580 X 310 1580 X 310 MDA VISHAA MDAVIS HAA MDAVIS HAA MDAVIS HAA c...... 1700 1 428 1740 1 468 1740 IX 468 1840 2 568 A ...... T 2-eng. or less— Standard. T over 2-eng.-—Standard.

City, Salina; State, Hans.; Airport name, Municipal; Elev., 1272'; Facility, I-S L N ; Procedure No. IL S Runway 35, Arndt’. 3; Eff. date, 31 Oct. 68; Sup. Arndt. No. 2; Dated 6 June 68 15. By amending § 97.31 of Subpart C to establish precision approach radar (PAR ) and airport surveillance radar (ASR) procedures as follows: S t a n d a r d I n s t r u m e n t A p p r o a c h P r o c ed u r e—T y p e R ad ar Bearings, headings, courses and radials are magnetic. Elevations and altitudes are In feet M SL, except H A T , H A A , and R A . Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles or hundreds of feet R V R . If a radar instrument approach is conducted at the below named airport, it shall he in accordance with the following instrument procedure, unless an approach is conducted in accordance with a different procedure authorized for such airport by the Administrator. Initial approach minimum altitude(s) shall correspond with those established for en route operation in the particular area or as set forth below. Positive identification must be established with the radar controller. From initial contact with radar to final author­ ized landing minimums, the instructions of the radar controller are mandatory except when (A ) visual contact is established on final approach at or before descent to the author­ ized landing minimums, or (B ) at Pilot's discretion if it appears desirable to discontinue the approach. Except when the radar controller may direct otherwise prior to final approach, a missed approach shall be executed as provided below when (A ) communication on finaLapproach is lost for more than 5 seconds during a precision approach, or for more than 30 seconds during a surveillance approach; (B ) directed by radar controller; (C ) visual contact is not established upon descent to authorized landing minimums; or (D) if landing is not accomplished.

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

As established by Houston A S R minimum vectoring altitude chart______...______Aircraft on radar vector to L a Porte Municipal Air- port in a sector from 076° clockwise to 270° from L a Porte Municipal Airport may descend to M D A after passing 5-mile Radar Fix to La Porte Munici­ pal Airport. Supplementary charting information: 447' tower 3 miles N W of L a Porte Municipal Airport. Use Houston, Tex., altimeter setting.

Missed approach: Climb to 1500' right or left turn direct to L a Porte intersection and hold E, 1 minute, right turns, 262° Inbnd. Or, when directed by A T C , climb to 2500' and proceed direct to H O U V O R T A C .

D a y a n d N ight M inim um s

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

ASR: C______460 1 431 480 1 451 480 I X 4SI NA

A______. Not authorized. T 2-eng. or less.—Standard: T over 2-eng.— Standard:

City, La Porte; State, Tex4 Airport name, L a Porte Municipal; Elev., 29'; Facility, Houston Radar; Procedure No: Radar-1, Arndt. 1; Eff. date, 31 Oct. 68; Sup: Arndt. No. Radar 1, Orig.; Dated, 5 Dec. 64

FEDERAL REGISTER, VOL. 33, NO. 199— FRIDAY, OCTOBER 11, 1968 No. 199- 15212 RULES AND REGULATIONS

St a n d a r d I n s t r u m e n t A p p r o a c h p r o c e d u r e —T y p e R adar— Continued

Radar terminal area maneuvering sectors and altitude^ (séôtors ând distances measùred from ràdar antenna) ■ J ______: ______: : ■ _____ ¿.-¿a — — ;------:------:—i------— ------! ' Notes from— To—• Dis- Alti- Dis- Alti- Dis- Alti- Dis- Alti- D1s- Alti- tance tude tance tude tance tude tance tude tance tude

As established by Tampa A S R minimum altitude vectoring chart. Descend afrcraft to M D Á after P A D . A S R Runways 18 R & L, 36 R & Li, 9, 27, f a f 5.3 miles from threshold. T D Z elevation: Runway 18L—26'. Runway 18R—21'. Runway 36L—12'. Runway 36R—-20'. Runway 9—21'. Runway 27—27'. Radar control will protide 1000' vertical separation within a 3-mile radius of radio towers 1X35', 15.7 miles SE, and 1549', 17.7 miles SB.

Missed approach: s . . „ ' „ . „ Runways 18 L & R — Climb to 1600', right turn direct to P IE V O R T A C . Runways 36 L & R — Climb to 1700', direct to V an Dyke LOM . Runway 9—Climb to 1700', left turn direct to Van Dyke LO M . Runway 27—Climb to 1600', direct to P IE V O R T A C . Day and N ight Minimums

A B C D ______Cond* MD A V IS H AT MDA VIS HAT MDA VIS HAT MDA VIS HAT

ASR: 514 S-18L...... _•...... 540 RVR 514 540 R V R 24 514 540 R V R 24 514 540 R V R 50 8-18R...... ______400 H 379 400 H »79 400 V* 379 400 1 379 448 460 1 448 S-36L...... 460 " V*. 448 460 % 448 460 u ...... 480 % 460 480 V*. 460 480 % 460 480 1 1 460 S-36R...... i 439 S-9...... 460 l 439 460 1 439 460 1 439 400 493 520 V 1 .. .493 S-27— ...... 520 l 493 520 1 493 520 1 MDA VIS HAA MDAVIS HAA MDA VIS HAA MDAVISHAA 533 580 2 553 C ...... -, 560 1 533 560 1 533 • 560 1M T over 2-èrig.— Runway 18L, R V R 24; Standard all other A ...... - — ...... Standard. T 2-eng. of less— Runways 18L, R V R 24; Standard all other runways. runways.

City Tampa' State, Fla.; Airport name, Tampa International; Elev., 27'; Facility, T P A A S R ; Procedure No. Radar-1, Arndt. 1; Eff. date, 31 Otft. 68; Sup. Arndt. No. Radar U Orig.; Dated, 9 Sept. 67 These procedures shall become effective on the dates specified therein. (Secs. 307(c), 313(a), 601, Federal Aviation Act of 1958; 49 U.S.C. 1348(c), (1354(a), 1421; 72 Stat. 749, 752, 775) Issued in Washington, D.Ô., on September 24, 1968. R. S. S l i f f , Acting Director j Flight Standards Service. [F .R . DOC. 68-11859; Filed, Oct. 10, 1968; 8:45 a .m .]

ever, the regulation was retained during Chapter II—-Civil Aeronautics Board the pendency of litigation challenging Title 24— HOUSING AND HOUSING SUBCHAPTER A— ECONOMIC REGULATIONS the Board’s implementation of the legis­ lation. The supplemental air carrier CREDIT [R e g . E R — 545] legislation has now been fully imple­ PART 291— CLASSIFICATION AND mented by the Board through the perma­ Chapter II^Federal Housing Admin­ CONTINUED EXEMPTION OP nent certification proceedings, and no istration, Department of Housing LARGE IRREGULAR AIR CARRIERS purpose is served by a further retention and Urban Development of the part. Repeal of Part Since the repeal of the regulation SUBCHAPTÉR G— HOUSING FOR MODERATE merely effectuates a pro forma recogni­ INCOME AND DISPLACED FAMILIES Adopted by the Civil Aeronautics Board tion of the action taken by the Congress PART 221— LOW COST AND MOD­ at its office in Washington, D.C., on the in Public Law 87-528, compliance with ERATE INCOME MORTGAGE IN­ 8th day of October 1968. the notice, public procedure and effective Public Law 87-528 (76 Stat. 143), en­ date requirements of the Administrative SURANCE acted July 18, 1962, provides in section Procedure Act is unnecessary. 8(b) with respect to supplemental air Subpart A— Eligibility Require­ Accordingly, the Board hereby repeals ments— Low Cost Homes carriers that their “prior authority under Part 291 of the Economic Regulations (14 individual exemptions or Letters of Reg­ CFR Part 291), effective October 8, 1968. istration reinstated by the Board under Subpart B— Contract Rights and Ob­ Order E-10161 of April 3, 1956, shall (Secs. .204(a), 72 Stat. 743; 49 U.S.C. 1324. ligations— Low Cost Homes terminate 30 days f rom the date of enact­ Interpret or apply section 8 (b) of Public Law 87-528, 76 S tat. 146) ment of this Act.” Such 30-day period M iscellaneous A m e n d m e n t s ended August 9, 1962. By this language By the Civil Aeronautics Board. In § 221.60 paragraphs (f) through (k) the Act terminated the last remaining [ s e a l ] H a r o l d R. S a n d e r s o n , are redesignated as paragraphs (h> phase of suppiemental air carrier operat­ Secretary. through (m ); new paragraphs (f) and ing authority theretofore carried under Part 291, thus rendering Part 291 a nul­ [F.R. Doc. 68-12381; Filed, Oct. 10, 1968; (g ) are added; in redesignated para­ lity as of the end of August 9, 1962. How­ 8 :4 5 a .m .) graph (i) subparagraph (1) is amended,

FEDERAL REGISTER, VOt. 33, NO. 199— FRIDAY, OCTOBER it, 1966 RULES AND REGULATIONS 15213 subparagraph (2) is redesignated as sub- gagor) or on the individual mortgage (b) Whenever the interest rate on a paragraph (4), new subparagraphs (2) (where the mortgage finances the re­ mortgage insured under this part as and (3) are added; and the introductory habilitation or improvement and refi­ having met the special requirement of text of redesignated/ paragraph (j ) is nancing of property owned by the mort­ § 221.60 or § 221.65 shall have been in­ amended to read as follows: gagor) . If the property is sold to one of creased to the maximum rate in accord­ § 221.60 Eligibility requirements for the following purchasers, the increase in ance with § 221.60(j), § 221.65(d) (4) low income homeowners. interest rate shall not be required: or § 221.65(d) (5), the provisions of * * * * * * * * * * §§ 203.260 through 203.298 of this chap­ In § 221.65 paragraph (d) (5) is ter relating to mortgage insurance pre­ (f) Maximum mortgage amount. The miums, adjusted mortgage insurance mortgage shall involve a principal obli­ amended and a new paragraph (d) (6) is added to read as follows: premiums, and voluntary termination gation in an amount not exceeding that charges shall apply, except that: portion of the unpaid balance of the § 221.65 Eligibility requirements for * * * * ■ * project mortgage which is allocable to low and moderate income purchaser the dwelling being purchased. o f family unit in condominium. (S ec. 211, 52 S tat. 23; 12 U .S .C . 1715b. In t e r ­ pret or apply sec. 221, 68 S tat. 599, as (g) Mortgage maturity. The mortgage ***** am e n d e d ; 12 U .S .C . 17151) shall be limited to a term not exceeding (d ) Mortgage requirements. * * * the term of the project mortgage re­ Issued at Washington, D.C., October 8, (5) It shall initially bear interest at 1968. maining at the time of the purchase. the rate of 3 percent, 4 percent, 5 per­ * * * * * P h i l i p N . B r o w n s t e i n , cent or 6 percent per annum, depending Federal Housing Commissioner. (1) Mortgage interest rate. ( 1 ) The upon the income of the mortgagor. The mortgage shall initially bear interest at interest rate shall be established at the [F .R . D oc. 68-12400; F iled , O ct. 10, 1968; the rate of 1 percent, 2 percent or 3 per­ highest of such percentages as the 8:47 a .m .] cent per annum depending upon the in­ mortgagor will be able to pay using 20 come of the mortgagor. The 3 percent in­ percent of his annual family income. A terest rate shall apply if 20 percent of provision shall be included in the mort­ the mortgagor’s annual family income is gage to-require that if the Mortgagee Title 31— MONEY AND sufficient to make mortgage payments of determines that 20 percent of the mort­ principal, interest, taxes, and insurance gagor’s annual family income is suffi­ FINANCE: TREASURY at the 3 percent rate. If 20 percent of the cient to make mortgage payments at a mortgagor’s annual family income is in­ greater interest rate than initially estab­ Chapter II-—Fiscal Service, Depart­ sufficient to make such mortgage pay­ lished, the interest rate shall be increased ment of the Treasury ments at the 3 percent rate, but is suf­ in 1 percent increments up to 6 percent SUBCHAPTER A— BUREAU OF ACCOUNTS ficient to make such payments at a 2 per annum with any additional incre­ percent rate, then the interest rate shall ment increasing the interest up to the PART 257— PAYMENT ON ACCOUNT initially be 2 percent per annum. If 20 maximum rate permitted under this sub­ OF DEPOSITS IN THE POSTAL percent of the mortgagor’s annual family part at the time the commitment was SAVINGS SYSTEM income is insufficient to make such mort­ issued for the insurance of the mortgage gage payments at 2 percent, then the pursuant to this subpart. In determining Correction interest rate shall initially be 1 percent the mortgagor’s family income, there In P.R. Doc. 68-11963 appearing at per annum. shall be deducted an amount equal to page 14644 of the issue for Tuesday, Oc­ (2) The mortgage shall provide that $300 for each minor person who is a tober 1, 1968, the word "decreased” in if the initial interest rate is set at 1 member of the immediate family and the first sentence of § 257.2(d) (1) should living with such family; and the earn­ percent, the rate will be increased to 2 read “deceased”. percent when the mortgagee determines ings of the minor person shall not be that 20 percent of the family income of included in family income. the mortgagor is sufficient to make mort­ (6) It shall provide that if the rate of gage payments of principal, interest, interest is increased, such rate shall not taxes, and insurance at the 2 percent thereafter be decreased. Title 32— NATIONAL DEFENSE rate, and to 3 percent when the mort­ ***** gagee determines that 20 percent of the Chapter I— Office of the Secretary of In § 221.254 paragraph (a) and the mortgagor’s income is sufficient to make Defense introductory text of paragraph (b) are such mortgage payments at the 3 percent amended to read as follows: SUBCHAPTER B— PERSONNEL; MILITARY AND rate. The mortgage shall also provide CIVILIAN for comparable increase to a 3 percent § 221.254 Mortgage insurance premi­ interest rate if the mortgage initially ums, ' adjusted mortgage insurance PART 51— UTILIZATION OF CON­ bears interest at 2 percent. premiums, and voluntary termination SCIENTIOUS OBJECTORS AND PRO­ (3) The mortgage shall provide that if charges. CEDURES FOR PROCESSING RE­ the rate of interest is increased, such rate (a) All of the provisions of §§ 203.260 QUESTS FOR DISCHARGE BASED shall not thereafter be decreased. ■ (4) * * * ^ through 203.298 of this chapter relating ON CONSCIENTIOUS OBJECTION to mortgage insurance premiums, ad­ (j) Interest rate increase— discontin­ justed mortgage insurance p r e m i u m s Discontinuance of Part uance of occupancy. The mortgage shall and voluntary termination charges shall Codification of Part 51, Utilization of provide that if the mortgagor does not apply to mortgages insured under this Conscientious Objectors, is discontinued. continue to occupy the property, the in­ subpart, except that as to mortgages terest rate shall increase to the maximum meeting the special requirements of M a u r i c e W . R o c h e , rate in effect under this subpart at the Director, Correspondence and § 221.60 or § 221.65, such provisions shall time the commitment for insurance was Directives Division, OASD issued on the project mortgage (where only be applicable under the circum­ (Administration). stances prescribed in paragraph (b) of the mortgage finances the purchase of [F .R . D oc. 68—12384; F ile d , O ct. 10, 1968; the property from a nonprofit mort­ this section. 8:46 a .m .]

FEDERAL REGISTER, VOL. 33, NO. 199— FRIDAY, OCTOBER 11, 1968 15214 Proposed Rule Making

culture, Washington, D.C. 20250, within ous damage shall not exceed 10 percent DEPARTMENT OF AGRICULTURE 60 days after the date of publication of including not more than 2 percent de­ this notice in the F e d e r a l R e g i s t e r . cay. Double the lot tolerance shall be Agricultural Research Service All written submissions made pursuant permitted in individual packages in per­ to this notice will be made available for centage grade lots. Application of toler­ [ 7 CFR Part 362 1 public inspection at such times and places ances in U.S. Grade Standards shall ap­ and in a manner convenient to the public ply to in-grade lots. PESTICIDES* C O N T A IN IN G PHOS­ business (7 CFR 1.27(b) ). (b) Size requirements. (1) “Small”—1 PHORUS PASTE INTENDED FOR to 2% inches in diameter, and limited to USE IN OR AROUND THE HOME Done at Washington, D.C., this 7th day of October 1968. whites only ; (2) “Repacker”— 1% to 3 inches in Notice of Proposed Interpretation 26 H a r r y W. H a y s , Ph. D., diameter, with 60 percent or more 2 Under Federal Insecticide, Fungi­ Director, inches in diameter or larger; cide, and Rodenticide Act Pesticides Regulation Division. (3) 2 to 3% inches in diameter; or (4) “Jumbo”— 3 inches or larger in Records kept by the National Clear­ [F .R . D oc. 68-12382; F iled , O ct. 10, 1968; 8:46 a.m .] diameter. inghouse for Poison Control Centers and (c) Container requirements. (1) 25- those obtained from State health offi­ pound bags, with not to exceed in any lot cials show that products containing phos­ Consumer and Marketing Service an average net weight of 27 y2 pounds per phorous paste have been involved in bag, and with outside dimensions not many reported accidents, some of which I 7 CFR Part 959 1 larger than 29 inches by 31 inches; or were fatal. It is reasonable to assume (2) 50-pound bags, with not to exceed that many such accidents were not ONIONS GROWN IN SOUTH TEXAS in any lot an average net weight of 55 reported. Notice of Proposed Limitation of pounds per bag, and with outside dimen­ Ingestions of phosphorus paste prod­ Shipments Regulation - sions not larger than 33 inches by 38% ucts have often resulted from their being inches.. used on recognizable foodstuffs as a Consideration is being given to the is­ (3) These container requirements shall poison bait for the control of certain in­ suance of the limitation of shipments not be applicable to onions sold to Fed­ sects or rodents. regulation, hereinafter set forth, which eral Agencies. was recommended by the South Texas Experience has shown that present (d) Minimum quantity exemption. Any Onion Committee, established pursuant labeling requirements for products con­ handler may handle, only as individual to Marketing Agreement No. 143 and Or­ taining phosphorus paste bearing direc­ shipments and other than for resale, not der No. 959, both as amended (7 CFR tions for use around the home have not more than 100 pounds of onions per day, Part 959), regulating the handling of been adequate to protect the public. in the aggregate, without regard to the onions grown in designated counties in Therefore, notice is hereby given that requirements of this section or to the South Texas. This program is effective pursuant to the authority of § 362.3 of inspection and assessment requirements under the Agricultural Marketing Agree­ the regulations (7 CFR 362.3) under the of this part. Federal Insecticide, Fungicide, and Ro­ ment Act of 1937, as amended (7 U.S.C. 601 etseq.). (e) Special purpose shipments and denticide Act (61 Stat. 163, as amended; culls— (1) Experiments shipments. 7 U.S.C. 135-135k) consideration is being All persons who desire to submit writ­ Onions may be handled for experimental given to the issuance of Interpretation ten data, views, or arguments in connec­ purposes as follows: 26 to read as follows: tion with this proposal shall file the same with the Hearing Clerk, U.S. Department (i) Each handler desiring to make § 362.124 Interpretation with respect to such shipments shall first apply to the labeling of phosphorus paste prod­ of Agriculture, Washington, D.C. 20250, not later than 30 days after publication committee for and obtain a Certificate ucts. of Privilege to make such shipments. of this notice in the F e d e r a l R e g i s t e r . All (a) Home use unacceptable. Labeling written submissions jnade pursuant to (ii) After obtaining an approved Cer­ for economic poisons submitted in con­ this notice will be made available for tificate of Privilege, each handler may nection with registration under the Act public inspection at the office of the handle onions packed in 2-, 3-, or 5- bearing directions for use of products Hearing Clerk during regular business pound consumer size containers, or 50- containing phosphorus paste in or around hours (7 CFR 1.27(b)). The proposed pound cartons, if they meet the grade the home is not acceptable. regulation is as follows: and size requirements of paragraphs (a) (b) Acceptable directions for use by and (b) of this section and if they are Government agencies or professional § 959.309 Limitation o f shipments. handled in accordance with the report­ pest control operators. Products bearing During the period beginning March 1, ing requirements established in subpara­ acceptable directions for commercial or 1969, through June 15, 1969, no handler graph (2) of this paragraph on such industrial use and marketed in channels may package or load onions on Sundays, shipments: Provided, That shipments of of trade which are limited to Govern­ or handle any lot of onions grown in the 2-, 3-, and 5-pound containers shall not ment agencies or pest control operators production area, except red onions, un­ exceed 10 percent of a handler’s total will continue to be registered. In addition less such onions meet the grade require­ weekly onion shipments, and provided to other warning and caution statements ments of paragraph (a) of this section,- further that shipments of 50-pound car­ required by the Act and regulations, one of the applicable size requirements tons shall not exceed 19 percent of a labels for such products must bear the of paragraph (b ) of this section, the handler’s total weekly onion shipments following statement in a prominent posi­ container requirements of paragraph (c) of all onions allowed to be marketed tion: “Do not use or store in or around of this section, and the inspection re­ under this section. the home.” quirements of paragraph (f) of this sec­ (iii) The average gross weight of All persons who desire to submit writ­ tion, or unless such onions are handled master containers per lot, as computed ten data, views, or arguments in connec­ in accordance with the provisions of par­ by multiplying the number of packages tion with this matter should file the same agraph (d) or (e) of this section. therein by their weight classification, in triplicate with the Director, Pesticides (a) Minimum grade. Not to exceed 20plus the weight of the master container, Regulation Division, Agricultural Re­ percent defects of U.S. No. 1 grade. In may not exceed 15 percent over the search Service, U.S. Department of Agri­ percentage grade lots, tolerances for seri­ designated net contents.

FEDERAL REGISTER, VO L. 3 3 , N O , 1 9 * — FRIDAY, OCTOBER 11, 1968 PROPOSED RULE MAKING 15215

(iv) The average net weight per lot (Secs.l-19, 48 Stat. 31, as amended; 7 U.S.C. mates, free and restricted percentages of of 50-pound cartons shall not exceed 601-674) 62 percent and 38 percent, respectively, 55 pounds. Dated: October 7,1968. appear to be appropriate for the 1968-69 (2) Reporting requirements for ex­ season. perimental Shipnients. Each handler who P a u l A . N i c h o l s o n , The proposal is as follows: Deputy Director, Fruit and Veg­ handles such experimental shipments of § 982.218 Free and restricted percent­ onions shall report thereon to the com­ etable Division, Consumer and Marketing Service. ages for merchantable filberts dur­ mittee, the inspection certificate num­ ing the 1968—69 fiscal year. bers, the grade and size of onions packed [F.R. Doc. 68-12412; Filed, Oct. 10, 1968; and the size of the containers in which 8:48 a .m .] The following percentages are estab­ such onions were handled. lished for merchantable filberts for 'the fiscal year beginning August 1, 1968: Such reports, in accordance with § 959.- [ 7 CFR Part 982 1 80, shall be furnished to the committee F ree p e rc e n ta g e — ______62 Restricted percentage ______38 in such manner, on such forms and at FILBERTS GROWN IN OREGON AND such times as it may prescribe. Also, each WASHINGTON Dated: October 7, 1968. handler of experimental shipments of Notice of Proposed Free and Restricted P a u l A . N i c h o l s o n , onions shall maintain records of such Deputy Director, Fruit and marketings, pursuant to § 959.80(c). Percentages for the 1968—69 Fiscal Vegetable Division, Consumer Such records shall be subject to review Year and Marketing Service. and audit by the committee to verify re­ Notice is hereby given of a proposal [F.R. Doc. 68-12383; Filed, Oct. 10, 1968; ports thereon. 8:46 a .m .] (3) Onions failing to meet require­ to establish, for the 1968-69 fiscal year, ments. Onions failing to meet the grade_ beginning August 1, 1968, free and re­ stricted percentages of 62 and 38 per­ size, and container requirements of this [ 7 CFR Part 1004 1 cent, respectively, applicable to filberts section, and are not exempted under grown in Oregon and Washington. The [Docket No. AO-160-A39] paragraph (d) of this section, may be proposed percentages would be estab­ handled only pursuant to § 959.126. Culls MILK IN DELAWARE VALLEY lished in accordance with the provisions may be handled pursuant to § 959.126(a) of the marketing agreement, as MARKETING AREA (1). Shipments for relief or charity may amended, and Order No. 982, as amended be handled without regard to inspection Notice of Recommended Decision and (7 CFR Part 982), regulating the han­ and assessment requirements. dling of filberts grown in Oregon and Opportunity To File Written Excep­ (f) Inspection. (1) No handler may Washington, effective under the Agri­ tions on Proposed Amendments to handle any onions regulated hereunder cultural Marketing Agreement Act of Tentative Marketing Agreement (except pursuant to paragraphs (d) or 1937, as amended (7 U.S.C. 601-674). The (e) (3) of this section) unless an ap­ and to Order proposal was recommended by the Fil­ propriate inspection certificate has been bert Control Board. Pursuant to the provisions of the issued with respect thereto and the cer­ All persons who desire to submit writ­ Agricultural Marketing Agreement Act tificate is valid at the time of shipment. ten data, views, or arguments in connec­ of 1937, as amended (7 U.S.C. 601 et seq.), (2) No handler may transport or cause tion with the aforesaid proposal should and the applicable rules of practice and the transportation of any shipment of file the same, in quadruplicate, with the procedure governing the formulation of onions by motor vehicle for which an Hearing Clerk, U.S. Department of Agri­ marketing agreements and marketing inspection certificate is required unless culture, Room 112, Administration orders (7 CFR Part 900), notice is hereby each such shipment is accompanied by Building, Washington, D.C. 20250, not given of the filing with the Hearing Clerk a copy of the inspection certificate ap­ later than 8 days after publication of of this recommended decision with re­ plicable thereto or by documentary evi­ this notice in the F e d e r a l R e g i s t e r . All spect to proposed amendments to the dence on forms furnished by the com­ written submissions made pursuant to tentative marketing agreement and order mittee identifying truck lots to which a this notice will be made available for regulating the handling of milk in the valid inspection certificate is applicable public inspection at the office of the Delaware Valley marketing area. In ­ and a copy of such inspection certifi­ Hearing Clerk during official hours of terested parties may file written excep­ cate or committee document^ upon re­ business (7 CFR 1.27(b)). tions to this decision with the Hearing quest, is surrendered to authorities des­ The proposed percentages are based Clerk, U.S. Department of Agriculture, ignated by the committee. upon the following estimates (in-shell Washington, D.C. 20250, by the seventh (3) For purpose of operation under weight basis) for the 1968-69 fiscal year: day after publication of this decision in this part each inspection certificate or (1) Production of 18.150 million the F e d e r a l R e g i s t e r . The exceptions committee form required as evidence of pounds: should be filed in quadruplicate. All inspection is hereby determined to be (2) Total requirements for 1968 crop written submissions made pursuant to valid for a period not to exceed 72 hours merchantable filberts of 9.574 million this notice will be made available for following completion of inspection as pounds, which is the sum of an in-shell public inspection at the office of the shown on the certificate. trade demand of 10.000 million pounds Hearing Clerk during regular business (g) Definitions. The term “U.S. No. Ì ” and provision for in-shell handler carry­ hours (7 CFR 1.27(b)-). shall have the same meaning as set over on July 31, 1969, of 1.000 million P r e l i m i n a r y S t a t e m e n t forth in the U.S. Standards for Ber- pounds, less the in-shell handler carry­ muda-Granex-Grano Type Onions over on August T, 1968, of 1.426 million The hearing on the record of which (§§51.3195-51.3209 of this title), or in pounds not subject to regulation; and the proposed amendments, as hereinafter the U.S. Standards for Grades of Onions (3) A total supply of merchantable set forth, to the tentative marketing (§§ 51.2830-51.2854 of this title), which­ filberts subject to regulation of 15.449 agreement and to the order as amended, ever is applicable to the particular million pounds which is the estimated were formulated, was conducted at Phil­ variety. production of 18.150 million pounds, less adelphia, Pa., on July 30, 1968, pursuant All terms used in this section shall have 2.723 million pounds nonmerchantable to notice thereof which was issued the same meaning as when used in production, plus 0.022 million pounds of July 12, 1968 (33 F.R. 10284). Marketing Agreement No. 143, as carry-in subject to regulation. The material issues on the record of amended, and this part. On the basis of the foregoing esti- the hearing relate to:

FEDERAL REGISTER, VOL. 3 3 , N O . 199— FRIDAY, OCTOBER 11, 1968 15216 PROPOSED RULE MAKING

1. Modification of the structure and make regular shipments of milk to city situation has presented a problem for a application of location differential plants. Each of these plants holds pool principal cooperative association in the provisions. plant status and they are primarily used market, since a substantial number of 2. Deletion of order provisions that as supply-balancing plants where milk its member producers deliver milk in were effective for a limited period of time not needed for bottling purposes is de­ bulk tanks to pool supply-balancing which has now expired. livered directly for' processing into plants located at Belleville, Pa. (165.1- manufactured dairy products. to 175-mile zone) and at Chambersburg, F i n d i n g s a n d C o n c l u s i o n s In June 1967 when the marketwide Pa. (135.1- to 145-mile zone). These pro­ The following findings and conclusions pool provisions of the order became ducers would prefer that the cooperative on the material issues are based on evi­ effective there were six regulated plants assign them to a city plant outlet. How­ dence presented at the hearing and the beyond the 45-mile zone. Three of these ever, this is not practical since there is a record thereof: plants are the aforementioned supply­ sufficient supply of bulk tank milk al­ 1. Modification of the structure andbalancing plants while the other three ready assigned to its city plant customers. application of location differential were and continue to be operated as re­ Because of this problem and in recogni­ provisions. ceiving stations. During the past year tion of the fact that the additional re­ The location differential rates appli­ there have been as many as six additional ceiving and reloading costs of 15.5 cents cable to the Class I milk, base milk and distant receiving plants associated with presently reflected in the differentials uniform prices at plants located in excess the market, which plants previously had are not incurred when milk is moved di­ of 45 miles from the nearest of Philadel­ been associated with the New York-New rectly to these supply-baldncing plants, phia, Trenton, or Atlantic City should Jersey market. The milkshed for the the cooperative proposed tjie elimina­ be revised in view of the lower cost New York-New Jersey market overlaps tion of such fixed handling allowances. direct-delivery bulk tank method of the Delaware Valley milkshed and con­ This would increase the uniform prices handling milk which has largely replaced sequently plants can shift from one at Belleville and Chambersburg by such the can pickup and receiving station sys­ market to the other. However, much of amount and thereby provide approxi­ tem of assembling milk for transship­ the milk at these distant plants is trans­ mately the same net returns to producer ment to the market. The 15.5 cents per ported from farms in bulk tank trucks members delivering to such plants as they hundredweight receiving station han­ which could bypass the receiving sta­ could realize if their milk were first re­ dling allowance reflected in the present tion if the handler so chose. ceived at city plants. differentials should be eliminated and The direct-delivery bulk tank procure­ The proposal was also supported in the only the transportation rate of 7.5 cents ment system has evolved primarily be­ testimony of another cooperative which at 45 miles plus 1.5 cents for each addi­ cause it is the most economical means operates two plants regulated under the tional 10 miles or fraction thereof should of getting quality milk to market. The order— a bottling plant at Lansdale, Pa., be retained. No change should be made precise cost of the extra handling in­ where no differential applies and a man­ in the location zone structure or in the volved in first receiving milk at country ufacturing-bottling plant in the 45.1- differential rates applicable to the Class receiving stations is difficult to ascertain; to 55-mile zone (Allentown, Pa.) where II milk and excess milk prices. The however, it is a substantial amount— per­ a 24.5-cent location differential (15.5 present procedure for assignment of loca­ haps between 10 and 20 cents per cents fixed and 9 cents transportation) tion credits on milk transferred between hundredweight in most cases. The only is applicable. pool plants should be retained. evidence pertaining to current receiving The only testimony in opposition to Differentials. Historically, bottling station operating costs was presented by the elimination of the fixed costs re­ plants in the densely populated Phila­ the witness for a cooperative which flected in the differentials was by the delphia portion of the marketing area operates three such plants on the Dela­ witness for a cooperative which operates have relied for a major proportion of ware Valley market at which both can three receiving stations pooled under the their milk supplies on milk produced on and bulk tank milk is assembled. He order. farms located in eastern and central stated that his association allocated net This witness contended that elimina­ Pennsylvania, eastern Maryland and in costs per hundredweight of 11.46 cents, tion of the fixed costs associated with Delaware. Initially, the milk was assem­ 15.30 cents, and 16.69 cents, respectively, first receipt of milk at country plants bled at receiving stations located at these plants. No detailed breakdown would not change the association’s costs throughout the production area for of the makeup of such costs was pre­ of operating but would merely increase transshipment to the city. Milk was de­ sented. However, such costs are close to its obligation to the pool on Class I milk livered to the receiving stations in 40- the fixed handling allowance of 15.5 and increase the uniform price an­ quart cans and transshipped to the city cents per hundredweight reflected in the nounced at its respective plant locations. in tank trucks. In recent years there has present location differential provisions The problem of location pricing at been a general conversion by producers of the order. hand is essentially one of determining throughout the milkshed to the bulk The present order differentials also whether to reflect in the minimum price tank method of delivery and such method reflect a variable transportation cost of structure the lower costs assocated with now is dominant in the market. 1.5 cents per 10 miles to cover the costs the direct-delivery system of moving For the most part bulk tank milk is incurred with distance traveled by tank milk to various plant outlets so that shipped directly from the farms to the truck in moving milk from receiving distant bulk producers will more fully city plants, or diverted to country manu­ stations to city"plants. This is compa­ realize the economies of bulk tank han­ facturing plants, as opposed to being rable to the variable costs incurred by dling or to retain the present differentials assembled at receiving stations for trans­ producers shipping direct-delivery milk which reflect the cost of moving milk shipment. Direct-delivery bulk tank to the city. For example, typical hauling through receiving stations. routes now extend over 200 miles west rates for direct-delivery milk are 55 Adoption of location differentials of Philadelphia into south central Penn­ cents for farms located about 220 miles which reflect only the variable costs as­ sylvania which is in the outer extremity from Philadelphia and 40 cents for farms sociated with transportation of bulk tank of the milkshed. Since virtually all of the located about 120 miles. The 15 cents per milk will tend to promote greater effi­ milk associated with the market is pro­ hundredweight lower cost for farms 100 ciency in the handling of milk in the duced within direct-delivery range the miles closer to the market represents an market. development of bulk tank handling has average difference of 1.5 cents per 10 As previously indicated, can milk rep­ rendered the receiving station virtually miles distance from the city. resents only a small percentage of the obsolete in this market. Bulk tank producers who deliver their total market supply. Since receiving sta­ For example, 10 years ago there were milk to plants outside the base zone tions per se are not needed to insure ef­ 34 plants associated with the market where location differentials are applied ficient movement of bulk milk to the which were located more than 45 miles - do not realize as high a net return for central market and the order contains from Philadelphia. Only three of these their milk as they would if their milk appropriate provisions to permit the 34 plants continue to be associated with were delivered directly to city plants at orderly diversion of milk not needed the market but they are not used to which no differential is applicable. This for fluid use to nonpool manufacturing

FEDERAL REGISTER, VO L. 33 , N O . 199— FRIDAY, OCTOBER 11, 1968 PROPOSED RULE MAKING 15217 plants, greater equity among producers two plants are collectively marketed to promote equity as between handlers in will result through elimination of the throughout the cooperative’s entire dis­ cost of milk disposed of in the market­ 15.5 cents fixed costs reflected in the tribution area on an intermingled basis, ing area. present differentials. and (2) more than half of the milk sup­ While the Allentown plant is presently While proprietary handlers formerly ply received at the plants originates in the only regulated plant within 65 miles operated a large number of receiving a geographic area west of the North- of the central market at which location stations in this market, all of these sta­ South Pennsylvania Turnpike in such pricing is applicable there are, never­ tions were closed some years ago to locations that it is transported at identi­ theless, a number of other plants within maximize handling efficiency inherent in cal rates regardless of whether it is de­ a 45 to 65-mile range, or slightly be­ bulk tank handling. The only remain­ livered to the cooperative’s pjants or to yond, which are either presently unreg­ ing stations are operated by cooperative plants in Philadelphia. In addition, the ulated or are regulated under adjacent associations. Presumably such stations cooperative pays the same price to its orders. Such plants could in the future are operated either for the convenience producers regardless of the location of become regulated under this order. Ex­ of remaining can member producers or the plant of delivery. tension of.the base zone would substan­ as a means of performing extra services Extension of the base zone was also tially alter interorder price relationships for buying handlers which services could proposed by the principal bargaining co­ at these plant locations. The fact that not be as effectively performed without operative in the market. The coopera­ there are presently no other plants reg­ plant facilities. Such services, for ex^ tive’s witness supported the application ulated under this order within the 65- ample, might include standardization of of location differentials only at country mile zone is not an appropriate criterion butterfat content and/or in storage fa­ plants which are now operated as pool for modifying the location differential cilities to better control the volume and plants under the order. The witness noted zone structure. time of delivery to the buying handler. that the Allentown plant was the only The location differential structure pro­ Since, as previously indicated, the pre­ pool plant in the 45.1- to 55-mile zone vided will promote uniformity of pric­ ponderance of producers on the market and proposed that a differential not be ing among handlers and at the same have abandoned can handling in favor applied on such plant on the basis of time insure equitable sharing among of the more efficient bulk tank handling the bottling operation at the plant from producers of the proceeds from the sale there is no justification for retaining which milk is distributed in competition of their milk. location differentials which tend to dis­ with distribution from city plants. The In light of the foregoing considera­ criminate against bulk tank producers next closest pool plant beyond the 45- tions it is concluded that the proposals delivering to country supply-balancing mile zone is a can receiving plant in the to extend the base zone should not be plants. To the degree that receiving sta­ 65.1- to 75-mile zone. Thus the coopera­ adopted. tions are operated for the purpose of per­ tive proposed extension of the base zone Transfer adjustments. A cooperative forming extra services for buying han­ to 65 miles. association that operates three receiving dlers this is also no justification for re­ Since the Allentown plant is the only stations which are pool plants proposed flecting handling costs in the location pool plant which would be affected by that Class I location credits on milk differentials. The performance of such the proposed zone extension, its situa­ transferred between pool plants be additional services simply lower the tion is the only one of concern here. prorated in accordance with the utiliza­ overall operating cost of buying handlers While there is a substantial bottling tion at the transferee plant. The order and appropriately the cost of such serv­ and distribution business operated from now assigns such location credits to ices should be recovered by cooperatives the plant, it is also a very large manu­ transfers only in an amount that Class directly from the buying handlers. facturing operation. Its pool status' is I disposition at the transferee plant ex­ In view of the aforementioned consid­ maintained in conjunction with the bot­ ceeds 95 percent of the direct receipts of erations it is concluded that the proposal tling plant at Lansdale pursuant to producer milk and other source milk as­ to eliminate the fixed handling allowance § 1004.8 (d) of the order. Hence, it is signed to Class I at such plant. of 15.5 cents per hundredweight reflected neither required to ship milk to distribut­ The cooperative proposed proration in in the present differentials should be ing plants nor to distribute milk in the the assignment of location credits be­ adopted. marketing area to maintain pool status. cause it has transferred substantial Zone structure. Proponents for the The cooperative has considerable flexi­ amounts of milk under a Class I agreed elimination of the fixed portion of the bility in the operation of its plants under assignment from one of its receiving sta­ location differential also proposed the the order: . tions to city plants but nevertheless had extension of the base zone in which f.o.b. If city plant pricing were applicable such milk assigned to Class n in the ap­ market pricing applies. The present pro­ at the Allentown plant, it would be a plication of the location credits. Such visions apply location differentials at matter of indifference to individual pro­ assignment resulted because the trans­ plants located 45 miles or more from the ducers whether their milk was delivered feree plants had ample direct producer nearest of the city halls in Philadelphia, to such plant or to plants in the central receipts to cover their Class I disposition. Pa.; Trenton or Atlantic City, N.J. One market when their hauling costs from The cooperative witness contended that proposal would extend this zone to 55 farm to plant are the same. In addition, such transfers should be treated equally miles while another would extend it to producers favorably located with re­ with direct receipts in assigning such transfer credits. 65 miles. The first proposal was made to spect to the Allentown plant but now effect city zone pricing at a plant located shipping to the central market would The present provision of the order is intended to deter the movement of milk in Allentown, Pa., which is in the 45.1- 'Bind it advantageous to deliver their between plants for Class II use at pro­ to 55-mile zone. The Allentown plant is milk to Allentown to reduce their haul­ ducer’s expense. used both as a distributing plant and a ing costs. Hence, the cooperative could Milk not needed at city plants for Class manufacturing plant. The second pro­ expand its manufacturing operations by I use can most economically be moved posal was intended to extend the base drawing supplies away from Philadel­ directly to manufacturing plants in the zone to the maximum extent without phia handlers, forcing them to seek out country for processing into manufac­ including additional country plants pres­ more distant sources of supply to ob­ tured products. If a cooperative elects ently associated with the market. tain milk needed for fluid use or to pay to transship milk to city plants for Class The Allentown plant is a pool plant premiums to hold their present supply. II use the order should not prorate the operated by a cooperative association In competing with regulated handlers transportation cost among all producers. which also operates a pool distributing in the marketing area the cooperative Appropriately such cost should be re­ Plant at Lansdale, Pa., which is within necessarily must transport its packaged covered directly from the handler. the 45-mile zone. This cooperative products to the market. Similarly, to the contends that a differential should not extent it transfers bulk milk to other It is intended that the order shall in­ be applicable at the Allentown loca­ handlers additional transportation is in­ sure only an adequate supply of milk tion. It was argued that identical pricing volved. The location differentials herein available at city plants for fluid uses. should apply at both of their locations provided cover only additional transpor­ Because demand varies from day to day since (l) the products processed at these tation per se and, accordingly, will tend some reserve supply necessarily must

FEDERAL REGISTER, VO L. 3 3 , N O . 199— FRIDAY, OCTOBER I T , 1968 15218 PROPOSED RULE MAKING always be available at such plants. It by the presiding officer on the record, is Rate per is for this reason that a Class I location hereby affirmed. hundred- credit is allowed on plant transfers which Distance of plant from nearest weight G e n e r a l F i n d i n g s city hall: (cents) are not in excess of the amount by which Class I disposition of the transferee The findings and determinations here­ 45 m ile s _____!______7,5 inafter set forth are supplementary and Each additional 10 miles or fraction plant exceeds 95 percent of the sum of t h e r e o f a n a d d it io n a l______l. 5 receipts at such plant from producers, in addition to the findings and determi­ from cooperative associations as handlers nations previously made in connection § 1004.63 [Amended] of bulk tank milk and the pounds as­ with the issuance of the aforesaid order 3. In the introductory text of § 1004.63 signed as Class I to receipts from other and of the previously issued amendments the semicolon in the proviso therein is order plants, and from unregulated thereto; and all of said previous findings changed to a period and the text of the supply plants. and determinations are hereby ratified proviso which reads as follows is deleted: There is no indication on the record and affirmed, except insofar as such find­ that the present provisions have in any ings and determinations may be in con­ “except that with respect to this para­ way deterred city plants from maintain­ flict with the findings and determina­ graph and paragraphs (a ), (b)‘, and (c) ing a fully adequate milk supply for fluid tions set forth herein. of this section the initial base-forming use. If this were the case the allowance (a) The tentative marketing agree­ period shall be August through Decem­ to which a Class I location credit is given ment and the order, as hereby proposed ber 1967 and the minimum number of could be appropriately adjusted. This to be amended, and all of the terms and days used to compute the producer’s base does not appear to be the problem, how­ conditions thereof, will tend to effectuate which will be applicable during the ever. It seems clear that in the instant the declared policy of the Act; March through June 1968 base-paying case the transferee handler is, in fact, (b) The parity prices of milk as de­ period shall be not less than 123;” relying on the order to secure milk for termined pursuant to section 2 of the § 1004.82 [Am ended] manufacturing uses. Milk not needed Act are not reasonable in view of the for fluid use is first moved to his pool price of feeds, available supplies of feeds, 4. In § 1004.82 paragraph (a) (1) is plant and subsequently transferred to and other economic conditions which af­ amended by revising the amount “23 his nonpool manufacturing plant. Under fect market supply and demand for milk cents” therein to read “7.5 cents”. the circumstances there is no justifica­ in the marketing area, and the minimum Signed at Washington, D.G., on Octo­ tion for modifying the procedure for as­ prices specified in the proposed market­ ber 8,1968. signing Class I location differential ing agreement and the order, as hereby J o h n C . B l u m , credits to accommodate this operation. proposed to be amended, are such prices Deputy Administrator, 2. Provisions that have expired. as will reflect the aforesaid factors, in­ Regulatory Programs. sure a sufficient quantity of pure and There are two provisions of the order [F.R. Doc. 68-12414; Piled, Oct. 10, 1968; which were effective for a specific time wholesome milk, and be in the public in­ 8:48 a .m .] period which has now expired. Accord­ terest; and ingly, they should be deleted. One is the (c) The tentative marketing agree­ proviso in § 1004.8(b) which accom­ ment and the order, as hereby proposed modated the qualification of pool supply to be amended, will regulate the handling DEPARTMENT OF COMMERCE plants from the time the order was of milk in the same manner as, and will amended to provide for marketwide be applicable only to persons in the re­ Patent Office pooling (June 1967) through October spective classes of industrial and com­ E 37 CFR Part 1 ] 1967. The other is the provision in mercial activity specified in, a marketing § 1004.63 which provided for a shorter agreement upon which a hearing has RULES OF PRACTICE IN PATENT base forming period during the first such been held. CASES period the plan became effective under R e c o m m e n d e d M a r k e t i n g A g r e e m e n t Issuance of Certificates of Correction the order in August through December a n d O r d e r A m e n d i n g t h e O r d e r 1967. The following order amending the or- The Patent Office is currently giving consideration to the desirability of R u l i n g s o n P r o p o s e d F i n d i n g s a n d dér as amended regulating the handling changing two of its rules dealing with the C o n c l u s i o n s of milk in the Delaware Valley marketing issuance of certificates of correction. The Briefs and proposed findings and con­ area is recommended as the detailed and appropriate means by which the fore­ contemplated changes are intended to clusions were filed on behalf of certain simplify and expedite the processing of interested parties. These briefs, proposed going conclusions may be carried out. The recommended marketing agreement requests for certificates of correction by findings and conclusions and the evi­ permitting such certificates, when issued, dence in the record were considered in is not included in this decision because the regulatory provisions thereof would to be physically attached to existing pat­ making the findings and conclusions set ents by the patentees or other parties in forth above. To the extent that the sug­ be the same as those contained in the order, as hereby proposed to be amended ; interest. Under present regulations this gested findings and conclusions filed by function is performed by the Patent interested parties are inconsistent with § 1004.8 [Amended] Office. the findings and conclusions set forth Notice is hereby given, therefore, that herein, the requests to make such find­ 1. In 1004.8(b) the colon which pre­ cedes the proviso Is changed to a period under the authority contained in section ings or reach such conclusions are denied 6 of the Act of July 19,1952 (66 Stat. 792; for the reasons previously stated in this and the proviso which reads as follows is deleted ; 35 U.S.C. 6), the Patent Office proposed to decision. “Provided, That for the months amend Part 1 of Title 37 of the Code of In its brief the Milk Distributors Asso­ through October 1967, this condition Federal Regulations as follows: ciation of the Philadelphia Area, Inc., shall not be applicable to any plant which (1) By amending paragraph (a) of requested consideration of its objection has continuously been a fully regulated § 1.322 to delete from the first sentence made at the hearing to the receipt in plant under the Delaware Valley order the words “and endorsed on the patent for the months of January 1967 to the itself”. As thus amended, paragraph (a) evidence of certain economic material would read as follows: offered by a witness for the Dairymen’s effective date of this amending order.” League Cooperative Association. The § 1004.52 [Amended] § 1.322 Certificate of correction of Of­ fice mistake* presiding officer’s ruling has been re­ 2. In § 1004.52 paragraph (a) is viewed in light of the arguments pre­ amended by revising the table therein (a) A certificate of correction under sented. The ruling, for the reasons stated to read as follows: 35 U.S.C. 254 may be issued at the request

FEDERAL REGISTER, VO L. 3 3 , N O . 199— FRIDAY, OCTOBER 11, 19 6 3 PROPOSED RULE MAKING 15219 of the patentee of his assignee. Such cer­ Official name Chemical name or description Molecular formula tificate will not be issued at the request or suggestion of anyone not owning an Alamecin. A n antibiotic Substance derived from Trichoderma viride Pen. ex . interest in the patent, nor on motion of fries. the Office, without first notifying the pat­ Azaserine______Serine diazoacetate (ester)------— ------C5H7N3O4 Cephaloridine . .. l-[[2-Carboxy-8-oxo-7-[2-(2-thienyl)acetamido]-5-thia-l-azabicyclo CiiHnNsOrSî entee (including any assignee of record) [4.2.0]oct-2-en-3-yl]methyl]pyridinium hydroxide, inner salt. and affording him an opportunity to be Chlorprothixene _ 2-Chloro-fVjAT-dmiethylthioxanthene-A®,7-propylamine------CisHisCINS Citenamide. 5H-Dibenzoto,d]cycloheptene-5-carboxamide..------CieHiaNO heard. Clodazon...... 5-Chloro-l-[3-(dimethylamino)propyl]-3-phenyl-2*benzimida- CisHaoClNsO ***** zolinone. . ‘ Clomegestone.______6-Chloro-17-hydroxy-16a-methylpregna-4,6-diene-3j20-dlone------©22H29GIO.3 (2) By amending § 1.323 to delete Clopidol 3,5-Dichloro-2,6-dimethyl-4-pyridinol...... ------C7H7CI2NO CisH uClN« therefrom the words “which shall be Clozapine-...... 8-Chloro-ll-(4-methyl-l-piperazinyl)-5ff-dibenzo[6,e][l,4] diazepine. Dactinomycin.______Actinomycin D ------— ------w—----—-- CeîHseNiîOn endorsed on the patent itself,”. As thus Decoquinate.. . i . . . . . Ethyl 6-(decyloxy)-7-ethoxy-4-hydroxy-3-qumohnecarboxylate... C24H3sN 0 5 amended, § 1.323 would read as follows: Dibromsalan...... 4',5-Dibromosalieylanilide...... - -j -— ...... ------...... CisH|Br2NOr Diphenidol...... «,a-Diphenyl-l-piperidinebutanol C21H27NO CíílTtóNgOr § 1.323 Certificate o f correction of ap­ Dipyridamole___. . . . 2,2',2",2,"-[(4,8-Dipipendinopyrumdo[5,4-(i]pyrimidine-2,6-diyl) dinitriol] tetraethanol. plicant^ mistake. Dipyrone . . . Sodium (antipyrinylmethylamino)methanesulfonatehydrate- - - - - Ci8HieNsNa0iSH20 Doxapram___ ...... 1-E thyl-4-(2-morpholinoethyl) -3,3-diphenyl:2-pyrrolidinone...... C24HS0N 2O2 Whenever a mistake of a clerical or Ethoxazene...... 4-[(p-E thoxyphenyl)azo]-m-phenylenediamine...... C14H18N4O typographical nature or of minor char­ Fluroxene...... 2,2,2-Trifluoroethyl vinyl ether...... C4H5F8O Hydrocodone...... Dinydrocodeihone------*------— - - - v ...... - CxsHnNOj acter which was not the fault of the Isoetharine______3 ,4-Dihydroxy-a-[l-(isopropylammo)propyl]benzyl alcohol. ------CjsH mNO s Office, appears in a patent and a showing Magaidrate...... Tetrakis(hydroxymagnesium)decahydroxydialuminate dihydrate. A l2Hi4Mg40i4-2H20 Metabromsalan._____3,5-Dibromosalicylamlide------CisHiBrjNOj is made that such mistake occurred in Midafiur 4-Amino-2,2,5,5-tetrakis(tnfluoromethyl)-3-imidazolme...... s CrHjF 12N 4 good faith, the Commissioner may, upon Nequinate ...... 3-Acetoxy-6-butyl-7-benzyloxy-4-oxoquinoline...... - - ...... C22H23NO4 payment of the required fee, issue a cer­ Norgestrel.- . ______(±)-13-Ethyl-17-hydroxy-18,19-dinor-17«-pregn-4-en-20-yn-3-one----- C21H28O2 Oxandrolone______17j5-Hydroxy-17-methyl-2-oxa-5a:-androstan-3-one . ------CnHsoOa tificate of correction, if the correction Oxethazaine...... 2,2'-[(2-Hydfoxyethyl)imino]-bis[Ar-(o!,«-dimethylphenethyl)- C2íBÍ4lNs08 does not involve such changes in the AT-methylacetamide]. Oxilapine - 5-Chloro-ll-(4-methyl-l-piperazinyl)dibenz[6,/][l,4]oxazepine...... CwHisClNsO patent as would constitute new matter or Oxymetazoline...... 6-ter<-Butyl-3-(2-imidazolin-2-ylmethyl)-2,4-dimethylphenol...... CWH24N8O would require re-examination. Pancrelipase__ ^ A concentrate of pancreatic enzymes standardized for lipase con- All persons who desire to present their Paramethasone...... 6«-Fluoro-lli3,17,21-trihydroxy-16a-methylpregna-l,4-diene-3,20- C2lH2»FOj dione. views, objections, recommendations or Phenyramidol____ - - ot-[(2-Pyridylamino)methyl]benzyl alcohol.- - - -.------7------CnHuNjO suggestions in connection with the pro­ Pipazethate...... 2-(2-Piperidinoethoxy)ethyl 10H-pyrido[3,2-6][l,4]benzothiazme- C21H26N8O3S 10-carboxylate. , , . posed Changes are invited to do so by Poldine c. ' .. . 2-(Hydroxymethyl)-l,l-dimethylpyrrolidimumbenzilate...... C21H26NO8 forwarding the same to the Commis­ Pralidoxime...... 2-Formyl-l-methylpyridinium oxime...... - ...... C7HJN2O sioner of Patents, Washington, D.C. Prilocaine...... 2-(Propylamino)-o-propionotoluidide.. ------...... C18H20N2O Protriptyline A7-Methyl-5H-dibenzo[a ,d]cycloheptene-5-propylamine ...... - C mH mN 20231, on or before November 19, 1968, Simethicone ...... A mixture of dimethyl polysiloxanes and silica gel...... on which day a hearing will be held at Stanozolol...... l7-Methyl-5a-androstano[3,2-c]pyrazol-17|3-ol.-.------C 21H 32NÍO Sulpiride ■ - iV-( (1-E t hyl-2-pyrrolid inyl) methyl]-5-sulfamoyl-o-amsamide. . s----- CHH23N8O4S 9 a.m. in Room 3D50 Crystal Plaza Thiothixene - iV,iV-Dimethyl-9-[3-(4-methyl-l-piperazinyl)propylidene]thio- C 23H 29N 3O2S3 Building 3-4, Arlington, Va. xanthene-2-sulfonamide. Tolnaftate...... 0-2-Naphthyl-m,iV-dimethylthiocarbanilate...... — C19H17NOS All persons wishing to be heard orally CisHgBrsNOi are requested to notify the Commissioner V i X l S t i n e . . ------A n alkaloid (vincaleukoblastine) extracted from Vinca rosea...... C4»H{8N40# of their intended appearance in advance of the hearing date. Any interested person may, within 60 wing ribs of the Canadair CL-44 type air­ planes. E d w a r d J . B r e n n e r , days from the date of publication of this There have been reports of cracks in Commissioner of Patents. notice in the F e d e r a l R e g i s t e r , file with the Hearing Clerk, Department of the corners of the access cutouts in the Approved: October 8,1968. Health, Education, and Welfare, Room interspar ribs at wing stations 24, 46,115, 305, 451, and 485. Since this condition is J o h n P . K i n c a i d , 5440, 330 Independence Avenue SW., Assistant Secretary for Washington, D.C. 20201, written com­ likely to exist or develop in other air­ Science and Technology. ments (preferably in quintuplicate) re­ planes of the same type design, the pro­ garding this proposal. Comments may be posed airworthiness directive would re­ [F.R. Doc. 68-12400; Filed, Oct. 10, 1968; quire repetitive inspections at the afore­ 8 :4 8 a a ] accompanied by a memorandum or brief in support thereof. mentioned wing stations. Interested persons are invited to par­ Dated: October 1, 1968. ticipate in the making of the proposed DEPARTMENT OF HEALTH, EDUCA­ H e r b e r t L. L e y , Jr., rule by submitting written data and Commissioner of Food and Drugs. views. Communications should identify the docket number and be submitted in TION, AND WELFARE [F.R. Doc. 68-12346; Filed, Oct. 10, 1968; 8:45 a .m .] duplicate to the Office of Regional Coun­ Food and Drug Administration sel, FAA, Federal Building, John F. Kennedy International Airport, Jamaica, [ 21 CFR Part 138 ] N.Y. 11430. DRUGS DEPARTMENT OF All communications received within 30 days after publication in the F e d e r a l Proposed Additional Official Names TRANSPORTATION R e g i s t e r will be considered before taking action upon the proposed rule. The pro­ Pursuant to the provisions of the Fed­ Federal Aviation Administration eral Food, Drug, and Cosmetic Act (sec. posals contained in this notice may be 508, 76 Stat. 1789; 21 U.S.C. 358) and the I 14 CFR Part 39 1 changed in light of comments received. administrative procedure provisions of All comments will be available in the [Docket No. 68rEA-108] 5 U.S.C. 552 (80 Stat. 383, as amended 81 Office of Regional Counsel for examina­ Stat, 54) and under authority delegated AIRWORTHINESS DIRECTIVE tion by interestedj?arties. to the Commissioner of Food and Drugs In consideration of the foregoing, it is (21 CFR 2.120), the Commissioner pro­ Canadair Aircraft proposed to issue a . new airworthiness poses that § 138.2 be amended by alpha­ The Federal Aviation Administration directive as hereinafter set forth: betically inserting the following items is considering amending § 39.13 of Part Ca n ad air: Applies to CL-44 Type Airplanes. as official names for drugs: 39 of the Federal Aviation Regulations so To detect cracks in certain interspar ribs § 138.2 D ru gs; o ffic ia l names. as to issue an airworthiness directive re­ accomplish the following after the effective ***** quiring inspection of certain interspar d a te o f t h is A D .

FEDERAL REGISTER, VOL. 33, NO. 199— FRIDAY, OCTOBER 11, 1968 N o. 199------4 15220 PROPOSED RULE MAKING

(a) Inspect for cracks the corners of the amination by interested persons upon re­ senger originations, 89 percent increase access cutouts in the interspar ribs at wing ceipt in the Docket Section of the Board, stations in accordance with the “Inspection in available seat miles, 104 percent in­ Procedure” outlined in Canadair Service In­ Room 712 Universal Building, 1825 Con­ crease in revenue passenger miles, and a formation Circular (SIC) No. 373 dated necticut Avenue Nw., Washington, D.C. 50 percent increase in advertising ex­ J u n e 11, 1968, d isre g a rd in g p a r a g r a p h s 3 a n d By the Civil Aeronautics Board.1 pense. Also, during the same period on 4, or later PAA-approved revision, or an FAA- an industry basis, according to Frontier, approved equivalent inspection. [ s e a l ] H arold R . S a n d e r so n , the trade agreement authorization per (b) Replace cracked parts before further Secretary. passenger origination decreased 48 per­ flight with a part of the same part number or an FAA-approved equivalent part, or repair cent, per available seat mile decreased cracked parts before further flight in accord­ 1 Vice Chairman Murphy’s dissenting state­ 47 percent and per revenue passenger ance with Canadair Service Bulletin No. 475, ment filed as part of the original document. mile decreased 51 percent. Frontier as­ or an FAA-approved equivalent repair. Explanatory statement. Section 403(a) serts that it used its entire trade agree­ (c) The repetitive inspection required by of the Act requires that rates, fares, and ment allowance each year from 1964 to (a) need not be performed if each of the charges shown in any tariff be stated in 1967 inclusive. above ribs are reinforced in accordance with terms of lawful money. This provision, Answers in support of Frontier’s peti­ Canadair Service Bulletin No. 475, or an FAA- together with the requirement of ad­ tion were filed by Pacific Air Lines, Inc., approved equivalent alteration. jmd Bonanza Air Lines, Inc. Pacific (d) Equivalent parts, inspections, altera­ herence to tariffs in section 403(b), pro­ hibits carriers from bartering air trans­ stated that if the present $200,000 limi­ tions, repairs and SIC revisions must be ap­ tation per carrier were applied to the proved by the Chief, Engineering and Manu­ portation for goods or services. However, facturing Branch, FAA, Eastern Region. acting under its exemption powers, the merged carrier (Air West) the new car­ (e) The compliance times may be increased Board in Part 2251 has authorized cer­ rier would have only 8 cents of potential by the Chief, Engineering and Manufactur­ tain categories of carriers2 to exchange trade agreement advertising per revenue ing Branch, FAA.Eastern Region, upon receipt transportation for advertising goods or passenger originated in 1967, whereas of substantiating data through an FAA main­ services up to maximum specified the three individual carriers prior to the tenance inspector. amounts for each category. merger (Bonanza, Pacific, and West Coast) had in 1966 from 24 to 31 cents This amendment is made under the Frontier Airlines, Inc., in Docket’ 19494 per revenue passenger originated avail­ authority of section 313(a), 601, and 603 has petitioned the Board to amend Part able to them. Bonanza suggested a ceil­ of the Federal Aviation Act of 1958 [49 225 to increase the dollar limit of trade ing of $600,000 in view of the pending U.S.C. 1354(a), 1421 and 1423]. agreements for local service carriers from merger of three carriers into one carrier. Issued in Jamaica, N.Y., on October 3, the existing ceiling of $200,000 a year to an annual ceiling of $400,000 or, in the It has been Board policy to establish 1968. uniform trade agreement allowances for alternative, $200,000 plus $3,000 for each G eorge M . G a r y , the local service carriers regardless of Director, Eastern Region. station served with a maximum authori­ zation of $400,000. their size. However, it now appears ap­ propriate to recognize carrier size and [F .R . D oc. 68-12378; F ile d ," O ct. 10, 1968; The carrier states that the ceiling on 8.45 a .m .] route structure as a basis for differing trade agreement authorizations has been allowances. Although this represents a periodically increased from the original departure from past Board policy, we authorization of $25,000 in 1955 to think that this change is warranted in CIVIL AERONAUTICS BOARD $200,000 in 1963. It maintains that the light of the disparities in the size of the time is overdue for the periodic review various local service carriers. Thus, with [1 4 CFR Part 225 1 of trade agreement allowances. The car­ respect to the number of stations rier indicates that since 1963, as a result served— which should have a direct bear­ [Docket No. 20329; EDR-149] of the Frontier-Central merger, normal ing on the amount of advertising needed TARIFFS OF CERTAIN CERTIFICATED growth and the Board’s route strength­ and therefore on the amount of trade ening program, its system has increased AIRLINES; TRADE AGREEMENTS agreement allowance required—the in passenger originations 252 percent; range is from 36 stations in the case Modification of Trade Agreement in revenue passenger miles, 252 percent; of Mohawk to 97 stations in the case Authorization for Local Service in available seat miles, 211 percent; in of the merged carrier, Frontier. All other unduplicated route miles, 56 percent; things being equal, it would seem that Carriers; Extension of Part for One and in cities served, 70 percent. Accord­ Year these factors would affect the amount of ing to Frontier, it served 66 stations in advertising which would be required. O ctober 7, 1968. 1963 and now serves 99 stations and 114 In order to provide greater recognition cities,® more cities than are served by Notice is hereby given that the Civil to the number of stations served by in­ any other certificated carrier. Based on Aeronautics Board has under considera­ dividual carriers, we have decided to the number of cities served, the present tion proposed amendments to Part 225 of modify the trade agreement allowance $200,000 limitation* amounts to $1,750 its Economic regulations which would for the local service carriers from the per city served or about $1,250 less per modify the trade agreement authoriza­ same amount per carrier to a variable city than was authorized in 1963. The tion of .the local service carriers and ex­ allowance dependent upon the number tend the part for an additional year. The carrier further states that its advertising of stations served. At the same time we amendments are fully explained in the expense has increased over threefold have concluded that there should not be attached explanatory statement. since 1963 and the merger will require any increase in the aggregate authority even more advertising to establish a new This regulation is proposed under au­ from what it was prior to the recent identity. It points to similar growth in­ thority of sections 204(a), 403, 404, and mergers, i.e., $2,600,000. It is true that, as creases in the local service carrier indus­ 416 of the Federal Aviation Act of 1958, Frontier points out, the volume of its try in that for the period 1963 to 1967, as amended (72 Stat. 743, 758, 760, and operations (as well as the local carriers 771; 49 U.S.C. 1324, 1373, 1374, 1386). there was a 93 percent increase in pas- generally) is greater than it was when Interested persons may participate in the last increase in the amount of trade the proposed rule making through sub­ 1 Tariffs of Certain Certificated Airlines; allowance authorization was made in mission of twelve (12) copies of written Trade Agreements. 1963 and that advertising expenses have data, views, or arguments pertaining 3 Local service carriers, trunkline carriers increased substantially since that time. thereto, addressed to the Docket Section, with subsidized routes, intra-Hawaiian car­ On the other hand, as the Board has re­ Civil Aeronautics Board, Washington, riers, intra-Alaska carriers, and States- peatedly stated,® Part 255 is an exception D.C. 20428. All relevant matter in com­ Alaskan carriers insofar as intra-Alaskan routes are concerned and certificated heli­ munications received on or before No­ copters serving specified metropolitan areas. 3 See e.g., ER-379, adopted Apr. 12,. 1963; vember 12, 1968, will be considered by 3 As of the present time, Frontier serves 97 E R -2 9 0 , a d o p te d D ec. 15, 1959; ER-227, the Board before taking action. Copies of points or stations. adopted Dec. 26, 1957; ER-218, adopted communications will be available for ex­ 4 S ec tio n 2 2 5 .6 (a ). Dec. 20,1956.

FEDERAL REGISTER, VO L. 3 3 , N O . 199— FRIDAY, OCTOBER 11, 1968 PROPOSED RULE MAKING 15221 to the general statutory principle against the local service carrier industry, in­ specified day, on or before January 1, bartering transportation for services cluding expansion of route systems and 1970; which the Board originally justified on upgrading - of equipment. Accordingly, $ $ $ $ $ we are proposing an extension of the part the basis of a shortage of cash experi­ (1) [Reserved] enced by the local service carrier indus­ for only one year. * * * * * try. We believe that as the local service Proposed rule. The Civil Aeronautics carriers’ route systems are strengthened Board proposes to amend Part 225 of the 4. Amend § 225.6 to read, in part, as and their volume of operations expanded, economic regulations (14 CFR Part 225) follows: their future dependence on this method as follows! § 225.6 Limitation on total value of of paying for advertising should diminish 1. Amend § 225.1(a) by deleting and trade agreements. rather than increase. reserving subparagraph (2) as follows: The total value of trade agreements Accordingly, we propose to grant an § 225.1 Definitions. aggregate authorization of about $2,602,- entered into by any single airline in ac­ 000 a year based upon a per carrier an­ For the purposes of this part : cordance with the provisions of this part nual allowance of $50,000 plus $4,000 for (a) “Airline” means: shall be not more than: each station served.8 Under this arrange­ $ $ H« * He (a) $200,000 in the aggregate each ment, Frontier and Air West— the local (2) [Reserved] year for those airlines identified under service carriers with the largest number § 225.1(a) (3 ); He * * * He of stations to serve— would be authorized $ $ $ $ He 2. Amend § 225.2(a) to read as follows: trade agreement allowances of $438,000 (d) $50,000 pills $4,000 per station and $350,000, respectively. On the other § 225.2 Filing o f notice o f trade agree­ served in the aggregate each year for hand, Ozark, Piedmont, and Southern— ment and cancellation of such agree­ those airlines identified under § 225.1(a) the local service carriers with the ment. h ) . For the purpose of this paragraph, smallest number of stations— would re­ (a) Notice of trade agreement. Any the number of stations served by a partic­ ceive $246,000, $230,000, and $246,000, airline may at any time prior to Decem­ ular carrier on January 1 of each year respectively. ber 18, 1969, file with the Board a notice shall be used in computing such car­ By thé terms of the part, trade agree­ of its intention to furnish air transporta­ rier’s aggregate trade agreement ments to be performed during 1969 must tion in exchange for sfervices or goods for authorization for such calendar year. be filed with the Board prior to Decem­ advertising purposes. Every such notice ber 18, 1968. Therefore, the carriers are [F .R . D oc. 68-12404; F iled , O ct. 10, 1968; shall be accompanied by an executed 8 :47 a m . ] precluded from entering into any new counterpart of a written agreement, con­ contracts during 1969. Mohawk Airlines, taining all the terms of the agreement be­ Inc., in Docket 20251 has petitioned the tween the parties thereto, duly entered Board to institute a rule making pro­ into by such air carrier with the supplier, ceeding, on an expedited basis, to extend FEDERAL MARITIME COMMISSION and by an affidavit by the chief financial the part for a period of at least 3 years, officer or other responsible officer of the [ 46 CFR Pari 536 1 or such longer period as the Board may airline having knowledge of the trans­ [D o c k e t N o . 68—25] deem appropriate.7 However, the Board action in the form required by § 225.4. desires 'to review the trade agreement Every such notice shall be filed at least TARIFF FILING REQUIREMENTS FOR program in the light of the modification 14 days prior to the effective date spèc- PROJECT RATES which we are proposing here as well as ified in the trade agreement. Within the the changes which have taken place in Enlargement of Time for Filing meaning of this part, air transportation shall be deemed to be furnished when Answers •We are also proposing to amend Part 225 the passenger is actually enplaned. At the request of counsel for various by deleting the existing authorization for He He He He He trunkline carriers on subsidy to enter into conferences, and good cause appearing, trade agreements. This provision was placed 3. Amend § 225.5 by modifying para­ time within which answers to the reply of in the rule to assist Northeast Airlines, Inc., graph (a) and deleting and reserving Hearing Counsel may be filed is enlarged when that carrier was on subsidy with re­ paragraph (1). As amended § 225.5 will to and including October 24,1968. spect to its lo cal service op eration s. S in cè read, in part, as follows: no trunkline carrier is at present on subsidy, By the Commission. we tentatively find that these provisions are § 225.5 Provisions of agreement. [ s e a l ] T h o m a s L i s i , no longer req u ired . . Secretary. 7 By ER-453 adopted and effective Feb. 15, Each trade agreement entered into by 1966, the Board last extended the part. This an airline hereunder shall provide: [F.R. Doc. 68-12410; Filed, Oct. 10, 1968; extensioh w as f o r 3 years. (a) That it shall become effective on a 8:48 a .m .]

FEDERAL REGISTER, VO L. 33, N O . 199— FRIDAY, OCTOBER 11, 1968 15222 Notices

September 11,1968, in the column headed Ultramicrotomes, Ivan Sorvall, Inc., DEPARTMENT OF STATE “Name of establishment,” the entry Norwalk, Conn.). The better thin- [Public Notice 298] directly under “Mickelberry’s Food Prod­ sectioning capability of the foreign ucts Co.” now reading “Do” should read article is pertinent because the thinner LAKEHEAD PIPE LINE CO., INC. “John Morrell and Co.”. the section that can be examined under Notice of Application for Presidential an electron microscope, the more is it possible to take advantage of the ulti­ Permit mate resolving power of the electron The Department of State received, on DEPARTMENT OF COMMERCE microscope. (2) The applicant requires August 30, 1968, an application dated Business and Defense Services an ultramicrotome capable of reproduc­ August 20, 1968, from the Lakehead Pipe Administration ing a series of ultrathin sections with Line Co., Inc., a Delaware corporation consistent accuracy and uniformity. We having its main office at 3025 Tower Ave­ MEDICAL COLLEGE OF OHIO AT are advised by the Department of Health, nue, Superior, Wis., to construct, connect, TOLEDO Education, and Welfare (H EW ) in its operate, and maintain an export pipeline memorandum dated September 6, 1968, for crude oil and other hydrocarbons Notice of Decision on Application for that this capability in the required di­ from St. Clair County, Mich., crossing the Duty-Free Entry of Scientific Article mensions can be furnished only with microtomes based on the thermal ad­ international boundary line between the The following is a decision on an ap­ vance principle. The foreign article is United States and Canada in the St. Clair plication for duty-free entry of a scien­ River, and to connect such facility with equipped with a thermal advance system tific article pursuant to section 6(c) of for ultrathin sectioning, in addition to a like facilities in the Province of Ontario, the Educational, Scientific, and Cultural mechanical advance for thicker sections Canada. Materials Importation Act of 1966 (Pub­ (see “Ultrotome III” catalogue cited Notice is hereby given that copies of lic Law 89-651, 80 Stat. 897) and the reg­ above). The Sorvall Model MT-2 is this application are available to the pub­ ulations issued thereunder (32 F.R. 2433 lic and that written comments thereon equipped only with a mechanical advance etseq.). system for all thicknesses. (See Sorvall will be received by the Department of A copy of the record pertaining to this Model MT-2 catalogue cited above.) In State for 30 days from the date of publi­ decision is available for public review connection with Docket No. 67-00024- cation of this notice in the F ederal during ordinary business horns of the R eg ister . 33-46500, which relates to an identical Department of Commerce, at the Scien­ foreign article for which duty-free entry tific Instrument Evaluation Division, De­ Dated: October 2,1968. was requested, H EW advised that ultra­ partment of Commerce, Washington, For the Secretary of State. microtomes employing the mechanical D.C. advance utilize a system of gears to ad­ [ s e a l] C arl F. S a la n s , Docket No. 68-00687-33-46500. Appli­ vance the specimen and, inherent in such Deputy Legal Adviser. cant: MedicpI College of Ohio at Toledo, systems are backlash and slippage no [F .R . D oc. 68-12407; P ile d , O ct. 10, 1968; Post Office Box 6190, Toledo, Ohio 43614. matter how slight. H EW further advises 8 :48 a .m .] Article: LKB 4800 Ultrotome I Ultrami­ that in mechanical systems, the varia­ crotome. Manufacturer: LKB Produkter tion in thickness is bound to be greater AB, Sweden. Intended use of article: The than in thermal systems even when both DEPARTMENT OF THE INTERIOR article will be used by medical students, are functioning at their best. We there­ residents, and faculty in the preparation fore find that the thermal advance of the Bureau of Land Management of ultrathin sections of biological mate­ foreign article is pertinent to the pur­ rial for examination on a high resolution COLORADO poses for which such article is intended electron microscope. It will also be used to be used. (3) The foreign article in­ Modification of Grazing Districts; to provide serial sections of relatively corporates a device which permits meas­ invariant thickness for the systematic Correction uring the knife-angle setting to an ac­ study of tissues, many of which will be curacy of one degree (see catalogue on O ctober 3, 1968. assayed by quantitative cytochemical “Ultrotome III”) , whereas no similar de­ In F.R. Doc. 68-11655, published Sep­ procedures. Comments: No comments vice is specified in the Sorvall catalogue. tember 26, 1968 (33 F.R. 14475), the land have been received with respect to this The capability of accurately measuring in T. 5 S., R. 103 W., described as the application. Decision: Application ap­ the setting of the knife-angle is pertinent S E ^ S E ^ , section 23, is corrected to read proved. No instrument or apparatus of because the thickness of the section is S E ^ S E 1/*, section 13. equivalent scientific value to the foreign varied by varying the angle at which the article, for the purposes for which such knife enters the specimen. J o h n O . C r o w , article is intended to be used, is being For the foregoing reasons, we find that Associate Director. manufactured in the United States. the Sorvall Model M T-2 ultramicrotome [F.R. Doc. 68-12374; Filed, Oct. 10, 1968; Reasons: (1) The only known com­ is not of equivalent scientific value to the 8 :4 6 a .m .] parable domestic instrument is the Model foreign article, for the purposes for M T-2 ultramicrotome manufactured by which such article is intended to be used. Ivan Sorvall, Inc. (Sorvall). For the pur­ The Department of Commerce knows poses for which the foreign article is of no other instrument or apparatus of DEPARTMENT OF AGRICULTURE intended to be used, the applicant re­ equivalent scientific value to the foreign Consumer and Marketing Service quires an ultramicrotome capable of article, for the purposes for which such cutting sections of biological specimens article is intended to be used, which is HUMANELY SLAUGHTERED down to 50 Angstroms. The foreign being manufactured in the United States. LIVESTOCK article has the capability of cutting sec­ tions down to 50 Angstroms (1965 cata­ C h a r l e y M. D e n t o n , Identification of Carcasses; List of logue for the “Ultrotome III” Ultramicro­ i Assistant Administrator for In­ Establishments tome, LKB Produkter AB, Stockholm, dustry Operations, Business Sweden). The thin-sectioning capability and Defense Services Admin* Correction of the Sorvall Model M T-2 is specified as istration. In F.R. Doc. 68-10996 appearing at 100 Angstroms (1966 catalogue for Sor­ [F.R. Doc. 68-12387; Filed, Oct. 10, 1968; page 12058 of the issue for Wednesday, vall “Porter-Blum” MT-1 and MT-2 8 :46 a .m .]

FEDERAL REGISTER, VOL. 33, N O . 199— FRIDAY, OCTOBER 11, 1968 NOTICES 15223

MICHIGAN TECHNOLOGICAL 3. High resolution study of the struc­ partment of Commerce, Washington, UNIVERSITY ET AL. ture of conformation changes of plasma D.C. membrane protein. Docket No. 68-00688-33-46500, Appli­ Notice of Applications for Duty-Free 4. Electron microscope autoradio­ cant: National Institutes of Health, Entry of Scientific Articles graphic localization of H3-serotonin in Building 6, Room 116, BetheSda, Md. human platelets.' 20014. Article: LKB 8800A Ultrotome III ! The following are notices of the receipt Docket No. 69-00187-01-77030. Appli­ ultramicrotome. Manufacturer: LKB ¡of applications for duty-free entry of cant: Georgetown University, 37th and O Produkter AB, Sweden. Intended use of scientific articles pursuant to section 6 Streets, Washington, D.C. 20007. Article; article: The article will be used for thin |(e) of the Educational, Scientific, and Nuclear magnetic resonance spectrom­ sectioning of tumor and tissue culture i Cultural Materials Importation Act jof eter, Model HFX-3/2. Mahufacturer: materials for long term-investigation of 1966 (Public Law 89-651; 80 Stat. 897). Bruker-Physik AG, West Germany. In­ viruses in oncogenesis and tumorigenesis I interested persons may present their tended use of article: The article will in human and other mammalian systems. views with respect to the question of be used to obtain spectra of various nu­ Essential to this aspect is the correlation whether an instrument or apparatus of clei while operating in a locked mode on of sections by phase and electron micros­ ¡equivalent scientific value for the pur- protons and also to conduct experiments copy. Comments: No comments have ! poses for which the article is intended on nuclei that have been observed pre­ been received with respect to this appli­ to be used is being manufactured in the viously such as, protons, carbon, phos­ cation. Decision: Application approved. United States. Such comments must be phorus and nitrogen, primarily for het- No instrument or apparatus of equivalent filed in triplicate with the Director, eronuclear decoupling, as well as nucleus, scientific value to the foreign article, for Scientific Instrument Evaluation Divi­ tungsten, which heretofore has not been the purposes for which such article is in­ sion, Business and Defense Services Ad­ observed. Also, to conduct double and tended to be used, is being manufactured ministration, Washington, D.C. 20230, triple resonance experiments on organic in the United States. ■within 20 calendar days after date on compounds, as well as, heteronuclear spe­ Reasons: (1) The only known com­ which this notice of application is pub­ cific band and very wide band (5 KHz) parable domestic instrument is the Model lished in the F ederal R e g ist e r . decoupling. Application received by Com­ M T-2 ultramicrotome manufactured by Regulations issued under cited Act, missioner of Customs: September 20, Ivan Sorvall, Inc. (Sorvall). For the pur­ published in the February 4, 1967, issue 1968. poses for which the foreign article is in­ of the F ederal R eg ister , prescribe the Docket No. 69-00188-33-46040. Appli­ tended to be used, the applicant requires requirements applicable to comments. cant: Washington University, School of an utramicrotome capable of cutting sec­ A copy of each application is on file, Medicine, 4550 Scott Avenue, St. Louis, tions of biological specimens down to 50 and may be examined during ordinary Mo. 63110. Article: Scanning electron Angstroms. The foreign article has the Commerce Department business hours at microscope, Model Stereoscan Mark IIA. capability of cutting sections down to the Scientific Instrument Evaluation Manufacturer: Cambridge Instrument 50 Angstroms (1965 catalogue for the Division, Department of Commerce, Co., Ltd., United Kingdom. Intended “Ultrotome III” Ultramicrotome, T.tcr Washington, D.C. use of article: The article will be used Produkter AB; Stockholm, Sweden). The Docket No. 69-00182-65-09530. Appli­ to examine the surface of cells with re­ thin-sectioning capability of the Sorvall cant: Michigan Technological Univer­ spect to virus infection, secretion of Model M T-2 is specified as 100 Angstroms sity, Houghton, Mich. 49931. Article: stored products and histochemical locali­ (1966 catalogue for Sorvall “Porter- Laboratory hydrocyclone test set and zation and identification of chemical Blum” MT-1 and MT-2 Ultramicrotomes, laboratory hydrocyclone pump unit. constituents of the cell membrane. Stud­ Ivan Sorvall, Inc., Norwalk, Conn.). The Manufacturer: Liquid-Solid Separations better thin-sectioning capability of the Ltd., United Kingdom. Intended use of ies on inflammation will be accomplished with respect to the mechanism by which foreign article is pertinent because the article: The article will be used for the thinner the section that can be examined following experiments: leucocytes traverse the blood vessel walls and enter the area of inflammation. Also under an electron microscope, the more a. To demonstrate the relationship be­ studies on the interrelationship of nerves is it possible to take advantage of the tween cyclone diameter, vortex finder ultimate resolving power of the electron diameter, apex valve diameter, inlet feed and muscle fibers will be accomplished in order to determine the anatomical microscope. (2) The applicant requires pressure, and inlet feed solid-liquid an ultramicrotome capable of reproduc­ ratio on separation size using ground features of the mode of innervation of muscle fibers. Application received by ing a series of ultrathiri sections with minerals of varying densities. consistent accuracy and uniformity. This b. To prepare samples for flotation Commissioner of Customs: September 20, 1968. capability in thé required dimensions can processing. Many flotation separation be furnished only with microtomes based systems are quite sensitive to the pres­ C h a r l e y M . D e n t o n , Assistant Administrator for In­ on the thermal advance principle. The ence of particles less than 15 microns in foreign article is equipped with a thermal diameter. dustry Operations, Business and Defense Services Admin­ advance system for ultrathin sectioning, c. To visually demonstrate typical istration. in addition to a mechanical advance for flow patterns in hydrocyclones under thicker sections (see “ultrotome III” cat­ varying conditions. [F .R . D oc. 68-12388; F iled , O ct. 10, 1968; 8:46 a .m .] alogue cited above). The Sorvall Model Application received by Commissioner of M T-2 is equipped only with a mechanical Customs: September 19, 1968. advance system for all thicknesses. (See NATIONAL INSTITUTES OF HEALTH Sorvall Model M T-2 catalogue cited Docket No. 69-00184-33-46040. Appli­ above.) Ultramicrotomes employing the cant: National Institutes of Health, Notice of Decision on Application for mechanical advance utilize a system of Laboratory of Clinical Investigation, Na­ Duty-Free Entry of Scientific Article gears to advance the specimen and, in­ tional Institute of Allergy and Infectious herent in such systems are blacklash Diseases, Bethesda, Md. 20014. Article: The following is a decision on an appli­ and slippage ho matter how slight. Electron microscope, Model EM300. cation for duty-free entry of a scientific Manufacturer: N. V. Philips, The Nether­ article pursuant to section 6(c) of the In mechanical systems, the variation in lands. Intended use of article: The article Educational, Scientific, and Cultural M a­ thickness is bound to be greater than in will be used in biomedical research which terials Importation Act of 1966 (Public thermal systems even when both are include the following specific problems Law 89-651, 80 Stat. 897) and the regu­ functioning at their best. We therefore to be investigated: lations issued thereunder (32 F.R. 2433 find that the thermal advance of the 1- Study of the structure of the et seq.). foreign article is pertinent to the pur­ erythrocyte plasma membrane by nega­ A copy of the record pertaining to this poses for which such article is intended tive staining and thin section techniques. decision is available for public review 2. Electron microscopic study of theduring ordinary business hours of the to be used. (3) The foreign article in­ effects of antigen-antibody reaction on Department of Commerce, at the Scien­ corporates a device Which permits meas­ ceH membrane structure and function. tific Instrument Evaluation Division, De­ uring the knife-angle setting to an

FEDERAL REGISTER, VO L. 3 3 , NO * 199— FRIDAY, OCTOBER 11, 1968 15224 NOTICES accuracy of 1° (see catalogue on “U l- and, therefore, is pertinent to this man viruses. Also, the article will be trotome III”), whereas no similar device purpose. used to follow the attachment of specific :s specified in the Sorvall catalogue. The The Department of Commerce knows antibodies on molecules of nucleic acids capability of accurately measuring the of no other instrument or apparatus of acting as antigens. retting of the knife-angle is pertinent equivalent scientific value to the foreign Application received by Commissioner of because the thickness of the section is article, for the purposes for which such Customs: September 13, 1968. varied by varying the angle at which the article is intended to be used, which is knife enters the specimen. being manufactured in the United States. Docket No. 69-00171-33-46040. Appli­ cant : University of Cincinnati, K e t t e r ing For the foregoing reasons, we find that C h a r l e y M . D e n t o n , Laboratory, Eden and Bethesda Avenues, the Sorvall Model M T-2 ultramicrotome Assistant Administrator for Cincinnati, Ohio 45219. Article: Electron is not of equivalent scientific value to the Industry Operations, Business microscope, Model Elmiskop 1A. Manu­ foreign article, for the purposes for which and Defense Services Admin­ facturer: Siemens AG, West Germany. such article is intended to be used. istration. The Department of Commerce knows Intended use of article: The article wili [F .R . D oc. 68-12390; F ile d , O ct. 10, 1968; be used in two major areas. One is the of no other instrument or apparatus of 8:46 a.m .] equivalent scientific value to the foreign subcellular localization of various con­ article, for the purposes for which such stituents of the central nervous system, article is intended to be used, which is RUTGERS STATE UNIVERSITY ET AL. particularly those concerned with neuro- being manufactured in the United States. transmission. In this investigation it is Notice of Applications for Duty-Free necessary to identify storage sites. The C h a r l e y M . D e n t o n , Entry of Scientific Articles second area of research is concerned Assistant Administrator for with the biological effects of various Industry Operations, Business The following are notices of the trace metals, both essential and non- and Defense Services Admin­ receipt of applications for duty-free essential. To be undertaken is the in­ istration. entry of scientific articles pursuant to vestigation of the inhibition or activa­ IF .R . D oc. 68-12389; F iled , O ct. 10, 1968; section 6(c) of the Educational, Scien­ tion of various enzyme systems by the 8:46 a.m.) tific, and Cultural Materials Importation presence or absence of zinc, lead, copper, Act of 1966 (Public Law 89-651; 80 Stat. cadmium, or beryllium. The subcellular 897). Interested persons may present localization of the metal enzymes is of NEWARK COLLEGE OF their views with respect to the question great importance. Application received ENGINEERING of whether an instrument or apparatus by Commissioner of Customs: September of equivalent scientific value for the 16,1968. Notice of Decision on Application for purposes for which the article is intended Docket No. 69-00174-33-01110. Appli­ Duty-Free Entry of Scientific Article to be used is being manufactured in the cant: Yale University, 20 Ashmun Street, United States. Such comments must be New Haven, Conn. 06520. Article: Amino The following is a decision on an appli­ filed in triplicate with the Director, acid analyzer, Model JLC 5AH. Manu­ cation for duty-free entry of a scientific Scientific Instrument Evaluation Divi­ article pursuant to section 6(c) of the facturer: Japan Electron Optics Labo­ sion, Business and Defense Services Ad­ ratory Co., Japan. Intended use of ar­ Educational, Scientific, and Cultural ministration, Washington, D.C. 20230, Materials Importation Act of 1966 (Pub­ ticle: The article will be used to run within 20 calendar days after date on lic Law 89-651, 80 Stat. 897) and the reg­ cyclic peptides and diketopiperazines which this notice of application is pub­ ulations issued thereunder (32 F.R. 2433 which do not give color with ninhydrin. lished in the F ederal R eg ist e r . et seq.). The reproducible exact estimation of Regulations issued under cited Act, these amino acids in enzymatic hydrol­ A copy of the record pertaining to this published in the February 4, 1967, issue yses of synthetic peptides forms an im­ decision is available for public review of the F ederal R eg iste r , prescribe the portant part of the work undertaken during ordinary, business hours of the requirements applicable to comments. with the amino acid analyzer. Applica­ Department of Commerce, at the Scien­ A copy of each application is on file, tion received by Commissioner of Cus­ tific Instrument Evaluation Division, De­ and may be examined during ordinary toms: September 17,1968. partment of Commerce, Washington, Commerce Department business hours Docket No. 69-00175-65-77040. Appli­ D.C. at the Scientific Instrument Evaluation cant: Midwest Research Institute, 425 Docket No. 68-00616-01-72000. Appli­ Division, Department of Commerce, Volker Boulevard, Kansas City, Mo. cant: Newark College of Engineering, 323 Washington, D.C. 64110. Article: Mass spectrometer, Model High Street, Newark, N.J. 07102. Article: A copy of each comment filed with the CH-4B. Manufacturer: Varian-Mat Rheogoniometer, Weissenberg Model Director of the Scientific Instrument GmbH, West Germany. Intended use of R.18. Manufacturer: Sangamo Controls, Evaluation Division must also be mailed article: The article will be used to deter­ Ltd., United Kingdom. Intended use of or delivered to the applicant, or its au­ mine the electron impact fragmentation article: The article will be used to carry thorized agent, if any, to whose applica­ pattern of molecular gases, molecular out sophisticated research on the be­ tion the comment pertains; and the com­ liquids and molecular solids in order to havior of molten polymers, polymers so­ ment filed with the Director must certify deduce the molecular structure, includ­ lutions, and biological fluids. Comments: that such copy-has been mailed or de­ ing molecular weight, of complex organic No comments have been received with re­ livered to the applicant. molecules and to identify and quantify spect to this application. Decision: Ap­ Docket No. 69-00170-33-46040. Appli­ structurally simple molecules. The ma­ plication approved. No instrument or ap­ cant: Rutgers, The State University, terials to be analyzed will be present as paratus of equivalent scientific value to Institute of Microbiology, New Bruns­ pure compounds, as components of sim­ the foreign article, for the purposes for wick, N.J. 08903. Article: Electron micro­ ple and complex mixtures or as separated which such article is intended to be used, scope, Model JEM-120 and accessories. components emerging from a gas chro­ is being manufactured in the United Manufacturer: Japan Electron Optics matographic column directly into the States. Reasons: The foreign article is Laboratory Co., Japan. Intended use of mass spectrometer. Application received capable of measuring normal Stress as article: The article will be used for the by Commissioner of Customs: Septem­ well as viscosity as a function of the shear following investigations*- ber 17,1968. rate. There is no known comparable do­ 1. The localization of organelles as­ Docket No- 69-00179-98-65600. Appli­ mestic instrument being manufactured in sociated with the secretion of enzymes cant: Brookhaven National Laboratory, the United States which has this capa­ by yeast and bacteria. Associated Universities, Inc., Upton, bility. The ability of the foreign article to 2. The study of the ultramicroscopic Long Island, N.Y. 11973. Article: Main measure normal stress as viscosity as a structure of actinomycetes, mainly motile magnet power supply. Manufacturer: function of the shear rate is necessary to actinomycetes. Siemens AG, West Germany. Intended the accomplishment of the purposes for 3. The architecture of virions of use of article: The article will be used which such article is intended to be used, actinophages, bacteriophages, and hu­ as the source of controlled electric power

FEDERAL REGISTER, VO L. 3 3 , N O . 199— FRIDAY, OCTOBER 11, 1968 NOTICES 15225 for the main magnet of the Alternating used for research in the role of sensory ratus of equivalent scientific value to Gradient Synchrotron. The power supply information in orientation of fish and the foreign article, for the purposes for is intended to increase the pulsing rate their movements. Comments: No com­ which such article is intended to be and duty cycle of the synchrotron and to ments have been received with respect used, is being manufactured in the provide greater precision and flexibility. to this application. Decision: Application United States. These two improvements will increase approved. No instrument or apparatus of Reasons: (1) The only known com-«- the proton beam intensity obtainable equivalent scientific value to the foreign parable domestic instrument is the Model from the synchrotron and enhance the article, for the purposes for which such M T-2 ultramicrotome manufactured by capability for conducting advanced ex­ article is intended to be used, is being Ivan Sorvall, InC. (Sorvall). For the pur­ periments in fundamental high energy manufactured in the United States. Rea­ poses for which the foreign article is physics. Application received by Com­ sons: The foreign article is a unique cus­ intended to be used, the applicant re­ missioner of Customs: September 18, tom-built tank for studying the move­ quires an ultramicrotome capable of cut­ 1968. ment of small fish in response to chemi­ ting sections of biological specimens Docket No. 69-00180-33-46040. Appli­ cals released at prearranged points. down to 50 Angstroms. The foreign arti­ cant: The Genesee Hospital, 224 Alex­ Movements are recorded by suitable de­ cle has the capability of cutting sections ander Street, Rochester, N.Y. 14607. vices. There is no known equivalent do­ 50 Angstroms (1965 catalogue for the Article: Electron microscope, Model mestic instrument being manufactured “Ultrotome III” Ultramicrotome, LKB EM300 and accessories. Manufacturer: in the United States. The ability of the Produkter AB, Stockholm, Sweden). The Philips Electronic Instruments, Inc., The foreign article is to be used in the study thin-sectioning capability of the Sorvall Netherlands. Intended use of article : The of small fish movement as necessary to Model M T-2 is specified as 100 Ang­ article will be used for medical research the accomplishment of the purpose for stroms (1966 catalogue for Sorvall and teaching at the Institution. Current which such article is intended to be used “Porter-Blum” MT-1 and MT-2 Ultra- studies include: and, therefore, is pertinent to this microtomes, Ivan Sorvall, Inc., Norwalk, 1. Intracellular localization of specific purpose.. Conn.). The better thin-sectioning capa­ pepsinogens by electron microscopy in­ The department of Commerce knows bility of the foreign article is pertinent volving immunohistochemical tech­ of no other instrument or apparatus of because the thinner the section that can niques. equivalent scientific value to the foreign be examined under an electron micro­ 2. Measurement of membrane thick­ article, for the purposes for which such scope, the more is it possible to take ness in the tubular systems of human article is intended to be used, which is advantage of the ultimate resolving fetal add secreting cells. being manufactured in the United power of the electron microscope. (2) 3. Determination of the frequency of States. The applicant requires an ultramicro­ occurrehce and characterization of nu­ C h a r l e y M. D e n t o n , tome capable of reproducing a series of clear excrescences in neutrophiles of Assistant Administrator for In­ ultrathin sections with consistent accu­ patients suffering from carcinoma and in dustry Operations, Business racy and uniformity. We are advised by appropriate controls. and Defense Services Admin­ the Deartment of Health, Education, and 4. Several projects including electron istration. Welfare (H EW ) in its memorandum microscopic evaluation of biological spec­ [F.R. Doc. 68-12392; Filed, Oct. 10, 1968; dated September 4, 1968, that this capa­ imens are being performed by Research 8:46 a.m .] bility in the required dimensions can be Fellow-Trainees. furnished only with microtomes based on the thermal advance principle. The Application received by Commissioner UNIVERSITY OF NORTHERN IOWA of Customs: September 18,1968. foreign article is equipped with arthermal Notice of Decision on Application for advance system for ultrathin sectioning, C h a r l e y M . D e n t o n , in addition to a mechanical advance for Assistant Administrator for In­ Duty-Free Entry of Scientific Article thicker sections (See “Ultrotome III” dustry Operations, Business The following is a decision on an appli­ catalogue cited above). The Sorvall and Defense Servlets Admin- cation for duty-free entry of a scien­ Model MT-2 is equipped only with a istratiofi. tific article pursuant to section 6(c) of mechanical advance system for all thick­ [F.R. Doc. 68-12391; P iled , O ct. iO, 1968; the Educational, Scientific, and Cultural nesses. (See Sorvall Model MT-2 cata­ 8:46 a.m.] Materials Importation Act of 1966 logue cited above.) In connection with (Public Law 89-651, 80 Stat. 897) and Docket No. 67-00024-33—46500, which re­ the regulations issued thereunder (32 lates to an identical foreign article for TEXAS A. & M. UNIVERSITY P.R. 2433 et seq.). which duty-free entry was requested, Notice of Decision on Application for A copy of the record pertaining to this H EW advised that ultramicrotomes em­ ploying the mechanical advance utilize Duty-Free Entry of Scientific Article decision is available for public review during ordinary business hours of the a system of gears to advance the speci­ The following is a decision on an appli­ Department of Commerce, at the Scien­ men and, inherent in such systems are cation for duty-free entry of a scien­ tific Instrument Evaluation Division, De­ backlash and slippage no matter how tific article pursuant to section 6(c) of partment of Commerce, Washington, slight. H EW further advises that in the Educational, Scientific, and Cultural D.C. mechanical systems, the variation in Materials Importation Act of 1966 (Pub­ Docket No. 68-00686-33-46500. Appli­ thickness is bound to be greater than in lic Law 89-651, 80 Stat. 897) and the cant: University of Northern Iowa, Bi­ thermal systems even when both are regulations issued thereunder (32 P.R. ology Department, Cedar Falls, Iowa functioning at their best. We therefore 2433etseq.)< 50613. Article: LKB 8800A Ultrotome III find that the thermal advance of the A copy of the record pertaining to this ultramicrotome. Manufacturer: LKB foreign article is pertinent to the pur­ decision is available for public review Produkter AB, Sweden. Intended use of poses for which such article is intended during ordinary business hours of the article: The article will be used to pre­ to be Used. (3) The foreign article in­ Department of Commerce, at the Scien­ pare long series of uiiiform sections down corporates a device which permits meas­ tific Instrument Evaluation Division, De­ to 50A thickness for orientation and uring the knife-angle setting to ah partment of Commerce, Washington, measurement by means of phase micros­ accuracy of one degree (see catalogue on D.C. copy and photomicrography of the ef­ “Ultrotome H I”) , whereas no similar Docket No. 68-00643-33-47295. Appli­ fects on membrane systems and orga­ device is specified in the Sorvall cata­ cant: Texas A. & M. University, Depart­ nelles of host cells after the entry of logue. The capability of accurately meas­ ment of Biology, College Station, Tex. parasitic fungus hyphae or haustoria, uring the setting of the knife-angle is ”7843. Article:- Monitoring tank for re­ mycorrhizal hyphae, and certain intra­ pertinent because the thickness of the cording movement of fish. Manufacturer: cellular symbionts. Comments: No com­ section is varied by varying the angle at Assembled by scientists and technicians ments have been received with respect which the knife enters the specimen. at McMasters University, Canada, in ­ to this application. Decision: Applica­ For the foregoing reasons, we find that- tended use of article: The article will be tion approved. No instrument or appa­ the Sorvall Model M T-2 ultramicrotome

FEDERAL REGISTER, V O L. 3 3 , N O . 199— FRIDAY, OCTOBER 11, 1968 15226 NOTICES is not of equivalent scientific value to the No comments or objections to approval of 2. In its motion ARINC requests that foreign article, for the purposes for which the application have been filed. the Commission issue an order specifying such article is intended to be used. Upon review of the application, we con­ the date upon which motions to enlarge clude that the aircraft, engines and inventory or clarify the issues in this proceeding The Department of Commerce knows of parts to be sold by Trans-Texas to Trade­ of no other instrument or apparatus of winds, a person engaged in a phase of aero­ may be filed. ARINC points out that equivalent scientific value to the foreign nautics, constitute a substantial part of the under section 1.229 of the Commission’s article, for the purposes for which such properties of Trans-Texas within the mean­ rules (47 CFR § 1.229), motions to modify article is intended to be used, which is ing of section 408 of the Act. However, we hearing issues are to be filed within 15 being manufactured in the United States. also conclude that the transaction will not days after publication of such issues in affect the control of an air carrier directly the F ederal R eg iste r . However, the C h a r l e y M . D e n t o n , engaged in the operation of aircraft in air Commission, by its memorandum opin­ Assistant Administrator for In­ transportation; will not result in creating a monopoly; and will not tend to restrain ion and order released July 16, 1968 dustry Operations, Business (FCC 68-711, 13 FCC 2d 853), deferred and Defense Services Ad­ competition. Furthermore, no person dis­ closing a substantial interest in the proceed­ hearings in the above-entitled proceed­ ministration. ing is currently requesting a hearing and it is ing until further order of the Commis­ |P.R. Doc. 68-12393; Filed, Oct. 10, 1968; found that a hearing is not required. sion subsequent to a determination of the 8:46 a .m .] The transaction appears to be in the public rate principles in Docket No. 16258 and interest. Trans-Texas will dispose of equip­ the TELPAK sharing issue in Docket No. ment which is surplus to its needs. Moreover, 17457. ARINC indicates that it may wish the carrier has acquired new jet equipment and turbo-prop CV-600’s. Thus, disposition to file a motion for clarification or en­ CIVIL AERONAUTICS BOARD of the DC-3’s should not impair the carrier’s largement of issues and suggests that [D o c k e t N o . 20304] ability to meet its certificate obligations. depending on the outcome of Dockets Notice of intent to dispose of the applica­ Nos. 16258 and 17457, it, as well as other TRANS-TEXAS AIRWAYS, INC. AND tion, without a hearing, has been published parties, may wish to request further TRADEWINDS AEROMOTIVE, INC. in th e F e d e r a l R e g is t e r and a copy of such modification of the hearing issues at a action has been furnished by the Board to later date. Thus, ARINC requests that all Notice of Proposed Approval of Sale the Attorney General not later than the day pleadings by any party, directed to of Aircraft following the date of such application, both in accordance with the requirements of sec­ changes in the hearing issues, be ordered Application of Trans-Texas Airways, tion 408(b) of the Act. to be filed within 15 days after the Com­ Inc., for approval, pursuant to section Pursuant to the authority delegated by the mission’s order removing the deferred 408(b) of the Federal Aviation Act of Board’s regulations, 14 CFR 385.13, it is hearing status of the proceeding. 1958, as amended, of the sale of 13 DC-3 found that the above-described transaction 3. It is the view of the Commission and one Corvair 240 aircraft, engines should be approved under section 408(b) of that the motion filed by ARINC makes a the Act without a hearing. and parts inventory, Docket 20304. Accordingly, it is ordered: reasonable request, that good cause has Notice is hereby given, pursuant to been shown for such delays in filing of 1. That the transaction described in the motions to enlarge, change or delete the the statutory requirements of section instant application be and it hereby is 408(b) of the Federal Aviation Act of approved; and issues herein and that a granting of ARINC’s present motion would contrib­ 1958, as amended, that the undersigned 2. That this action does not constitute a intends to issue the attached order under determination of the reasonableness of the ute to a more orderly administrative delegated authority. Interested persons transaction for rate-making purposes. procedure in this proceeding. are hereby afforded a period of 15 days Persons entitled to petition the Board for Accordingly, it is ordered, That the from the date of service within which to review of the order pursuant to the Board’s “Motion to Fix Date for Pleadings Pur­ file comments or request a hearing with regulations, 14 CFR 385.50. may file such suant to Rule 1.229” is granted and that petitions within 5 days after the date of all pleadings filed in this proceeding respect to the action proposed in the service of this order. order. pursuant to such rule shall be filed not This order shall be effective and become the more than 15 days after publication in action of the Civil Aeronautics Board upon Dated at Washington, D.C., October 8, the F ederal R egister of the order by 1968. expiration of the above period unless within which the Commission reinstitutes the such period a petition for review this order [ s e a l] A. M . A n d r e w s , on its own motion. hearing status in this docket. Director, [ s e a l ] H a r o l d R . S a n d e r s o n , Adopted: October 2,1968. Bureau of Operating Rights. Secretary. Released: October 8,1968. O rder A p p r o v in g T r a n s a c t io n [F.R. Doc. 68-12405; Filed, Oct. 10, 1968; F ederal C ommunications Issued under delegated authority. 8:47 a.m.} * C o m m is s io n ,1 Application for approval of aircraft sales [ s e a l ] B e n F. W a p l e , agreement between Trans-Texas Airways, Inc. and Tradewinds Aeromotive, Inc., pur­ Secretary. suant to section 408 of the Federal Aviation FEDERAL COMMUNICATIONS [F.R. Doc. 68-12397; Filed, Oct. 10, 1968; A c t o f 1958, as am en d ed . 8:47 a .m .] B y a p p lic a tio n filed S e p te m b e r 30, 1968, Trans-Texas Airways, Inc. (TTA), requests COMMISSION approval, without hearing, pursuant to sec­ [D o c k e t N o s. 18210-18212; F C C 68R-413] [Docket No. 18128; FCC 68-988] tion 408(b) of the Federal Aviation Act of 1958, as amended (the Act) of the sale to AMERICAN TELEPHONE AND REGAL BROADCASTING CORP. Tradewinds Aeromotive, Inc. (Tradewinds), (WHRL-FM) ET AL. of 13 Douglas DC-3 aircraft and one Corvair TELEGRAPH CO. CV—240 aircraft, spare engines for both air­ Order Regarding Private Line Rate Memorandum Opinion and O rd e r craft types and an inventory of other DC-3 Enlarging Issues and CV-240 parts, equipment and tools. The Investigation sale price is $400,000. In the matter of American Telephone In re applications of Regal Broadcast­ According to the application TTA has and Telegraph Co., Long Lines Depart­ ing Corp. (W H R L -F M ), Albany, N.Y, acquired by lease sufficient modern aircraft ment, Docket No. 18128; revisions of Docket No. 18210, File No. B PH -6054; (CV-600’s and DC-9’s) to phase out the older Albany aircraft involved in the instant transaction. Tariff FCC No. 260, Private Line Services, Functional Broadcasting, Inc., Only two of the DC-3’s (and no CV-240’s) Series 5000 (T E L P A K ). N.Y., Docket No. 18211, File No. BPH- are being currently used on TTA schedules 1. The Commission has before it: 6124; W POW , Inc., Albany, N.Y., Docket and these will be replaced by two leased A “Motion to Fix Date for Pleadings No. 18212, File No. BPH-6129; for con­ CV-600’s. Thus, the carrier maintains that Pursuant to Rule 1.229,“ filed July 31, although the transaction might appear to struction permits. result in depletion of its fleet, any apparent 1968, by Aeronautical Radio, Inc. decrease in capacity has been more than (A R IN C ), a Petitioner to intervene Commissioner Johnson absent. made up by new aircraft. herein. 1

FEDERAL REGISTER, VOL. 33, NO. 199— FRIDAY, OCTOBER 11, 1968 NOTICES 15227

1. The above-captioned mutually ex­ stereo broadcasting to the general public, Nor can we conclude, absent additional clusive applications were designated for that matter is dealt with in a companion information, that the programing of hearing by Commission order, FCC 68- memorandum opinion and order, FCC Functional's existing stations is not in 612, released June 18, 1968. That order 68R-414 released October 8, 1968. In the public interest. However, the evi­ specified Suburban issues as to Regal that memorandum opinion and order the dence of Functional’s failure to follow Broadcasting Corp. (Regal) and W POW , Board indicated that this question can be through on the proposals it has made in Inc. (W P O W ) as well as a standard fully explored under the existing com­ past applications raises serious questions comparative issue. W PO W has now re­ parative issue. as to the reliability, of its present pro­ quested the Board to enlarge the issues 1 3. In support of the second issue re­ posal. If wé are to compare Functional’s to include the following: quested, W PO W has urged that the proposal with those of W PO W and Regal, (1) To determine the extent, if any, broadcast aspects of the three existing we must have some assurance that each to which the proposed appropriation by FM stations operated by Functional have will adhere to the proposals advanced. Functional Broadcasting, Inc. (Func­ been subordinated to its background The questions thus raised can best be re­ tional), of both subchannels for opera­ music and storecasting businesses; that solved in the context of hearing. The tion of its Upstate New York “Muzak” in fact the programing of all three sta­ Board will, therefore, add an issue to franchise and its supermarket “Store-: tions is now identical; and that they are determine whether the Commission can cast Service” would foreclose needed and operated as a single station with three rely upon Functional to operate its sta­ desired development of FM stereophonic transmitters in three communities with tion as proposed. broadcasting in the Albany area, or no consideration for the local needs of 5. The third requested issue would in­ otherwise be detrimental to the needs the communities involved. Moreover, quire whether there is a special need for and interests of the general listening W PO W alleges that the program pro­ “locally oriented programing” and, if so, public. posal contained in the application for which applicant is most likely to meet (2) To determine whether Functional each of Functional’s three existing sta­ those needs. This request constitutes, in has, in the operation of its existing sta­ tions was very similar to the pro­ effect, an attempt to expand the com­ tions, subordinated its broadcasting graming proposals presently before the parative inquiry to encompass proposed operations to its background, music and Board in Functional’s application for a programing. To support this request, storecasting operations to an extent or station in Albany, N.Y. It notes further W P O W has pointed out significant differ­ in a manner inconsistent with the public that the most recent renewal applica­ ences in the percentage of the broadcast interest and, if so, (1) whether it is qual­ tions of those stations indicate a pro­ day which each applicant proposes to ified to be a licensee, or (2) whether this posal which is essentially 91 percent devote to locally oriented programing. record reflects adversely on its com­ music and 9 percent news with no speci­ Moreover, W PO W has alleged the rela­ parative qualifications. fic provision for any other programing tionship between its more extensive categories. Finally it alleges that each of locally oriented programing proposal and (3) To determine whether there are the stations had originally proposed some its efforts to ascertain community needs significant needs in the Albany area for local live programing and that not one and interests.2 Accordingly, the ' Board locally oriented programing and, if so, of the three in their most recent renewal will add a comparative programing issue which of the applicants is most likely to applications proposes any local live pro­ to this proceeding.3 meet those needs on the basis of present graming. W PO W particularly notes that proposals and past broadcast records. 6. The fourth requested issue seeks to in the original applications for Func­ explore alleged monopolistic aspects of (4) To determine the extent, if any, tional’s stations a number of programs Functional’s proposal with special em­ to which a grant of the application of such as local church services, university phasis on its domination in the back­ Functional would result in airundesirable round tables, high school forums, local ground music and storecasting business concentration of control of FM broad­ health notes, etc., were proposed, but in west central New York. In our view casting in Upstate New York, and partic­ that an examination of the composite the showing advanced by the petitioner ularly control of “background music” weeks submitted with the renewal ap­ is not sufficient to warrant the issue. carried by multiplex on FM. plications of those stations did not in­ There is a plethora of FM service in dicate that any of the above-described A ll four of thé requested issues stem the area proposed to be served by the from the fact that Functional Broadcast­ programs were included in the program­ new Albany station. There is no evidence ing, Inc. (Functional), is a wholly owned ing for that week. In response to this of any signal overlap prohibited by the subsidiary of Amalgamated Music Enter­ Functional has stated that at the time rules among the existing stations or the prises, Inc. Amalgamated Music Enter­ its earlier applications for stations were existing stations and ihe proposed Al­ submitted, FM was just beginning; that prises also owns various companies bany station» Moreover, it is apparent engaged in distribution of background it, as a pioneer in the FM broadcasting from the responses to this petition that music (Muzak) and in, storecasting. business, has developed a number of new there are a number of other companies in These companies have contracted with techniques which have contributed to the background music and storecasting the three existing FM stations owned by the success of FM; and that it has spent business in the west central New York a substantial amount of money to develop Functional to use their subsidiary com­ àrea. To the extent that Functional's a music programing pattern and tech­ munications channels for background station ownership and its distribution nique which results in a program offering music and storecasting. Moreover, Func- of background music has a bearing on tionai’s application for Albany also pro­ which is pleasing to a great percentage its comparative qualifications to be a poses to make the subsidiary channels of the radio, listeners in west central broadcast licensee, this matter may be New York State. Functional also argues available to the associated companies for explored under the diversification cri­ that it is an FM broadcasting company, background music and storecasting. terion of the standard comparative issue. and that it employs a substantial num­ The requested issue will, therefore, be 2. To the extent that the first re­ ber of people to carry out this business. denied. quested issue seeks to explore the effects It concludes that it has not and will not which Functional’s proposal to use both subordinate its FM broadcasting business 7. Accordingly, it is ordered, That the subchannels for subsidiary communica­ to background music or storecasting, Petition To Enlarge Issues filed by tions would have upon its technical each of which is carried on by a separate W POW , Inc:,. July 22, 1968, is granted to ability to provide FM service including corporate entity which gets no more from the e’ktent indicated in this memoran­ Functional than a contract right to use dum opinion and order, and denied in all 1 The Board also has before it for con­ such channels for subsidiary communica­ other respects. sideration Comments on Motion to Enlarge tions. Issues, filed A u g . 16, 1968, b y R e g a l B r o a d ­ 4. In our view, petitioner’s allegations casting Corp.; Opposition by Functional do not show that the similarities of pro­ 2 Chapman Radio, 7 FCC 2d 213, 9 RR 2d Broadcasting, Inc., filed Aug. 22, 1968; 635 (1967). Broadcast Bureau’s Comments on Motion to graming on Functional's existing FM 3 The Board’s finding in this matter is Enlarge Issu es, filed A u g . 27, 1968; a n d R e p ly stations necessarily flow from a subordi­ limited to the allegations in the pleadings by WPOW, Inc., on its Motion to Enlarge nation of its FM broadcasting to its back­ here before it. The questions presented by Issues, filed S ep t. 9,1968. ground music and storecasting activities. the Suburban issue are not reached.

FEDERAL REGISTER, VO L. 3 3 , N O . 199— FRIDAY, OCTOBER 11, 1968 No. 199- -5 15228 NOTIGES

8. It is further ordered, That the issues made by each applicant to ascertain the sion included a Suburban issue as to both in this proceeding are enlarged as needs and interests of the community Regal and W POW . It then asserts that follows: and area each proposes to serve. since no Suburbafi issue was included as (a) To determine the extent to which (3) To determine, in light of repre­ to Functional’s proposal, a prima facie FM stations licensed to Functional sentations made in the programing pro­ case for an issue looking toward compar­ Broadcasting, Inc. have in operation de­ posals of Regal Broadcasting Corp. and ative consideration of the efforts made viated from the proposals made in their W PO W , Inc., whether their respective by the respective applicants to ascertain respective applications and, in light of programing proposals can be relied the needs of the community they propose the facts so ascertained, to determine upon. to serve is appropriate under the doc­ whether Functional Broadcasting, Inc.’s (4) To determine whether any com­ trine set forth in Chapman Radio and proposal for a new FM station at Albany, parative preference ought to be accorded Television Co., 7 FCC 2d 213, 9 RR 2d N.Y., can be relied upon. to Functional Broadcasting, Inc., by vir­ 635 (1967), and other cases following (b) To determine significant differ­ tue of superior utilization of technical that rationale. In support of this posi­ ences with respect to the manner in facilities. tion Functional further alleges that its which the applicants propose to meet es­ (5) To determine on a comparative comprehensive demographic study (in­ tablished FM program needs of Albany, basis the significant differences between cluding information concerning recrea­ N.Y. the applicants with respect to proposed tional and cultural facilities, age distri­ 9. It is further ordered, That the bur­ programing. bution of the population, labor forces, den of proceeding with the introduction The requested issues will be considered income, housing, and other pertinent of evidence and burden of proof under seriatim. data), its personal interviews of 376 per­ issue (a) above will be-on Functional 2. The first issue requested by Func- sons selected at random in the Albany Broadcasting, Inc. tional arises from a series of negotiations area, its telephone survey of 475 persons, among W POW , Inc. (W P O W ), Rens­ its complete analysis of the radio signals Adopted: October 4,1968. selaer Polytechnic Institute (W H A Z), available to the cominunity, and its sur­ Released: October 8,1968. and The Forward Association, Inc. vey of 20 government, civic, educational, (W E V D ), each of which was the licensee business, or religious leaders in Albany F ederal C ommunications of a radio station operating on 1330 is in marked contrast to the efforts of its C o m m is s io n ,1 kHz, Rensselaer operating W HAZ in competitors. In response to this request [ s e a l ] B e n F. W a p le , Regal has taken the position that as the Secretary. Troy, N.Y., and WPOW and WEVD in ¡. These three stations licensee of an existing FM station it is in [F .R . D oc. 68-12398; F ile d , O ct. 10, 1968; shared time on the frequency. There were a position to be fully informed of the 8 :4 7 a .m .] some disagreements among the licensees needs and interests of the FM audience in Albany. Moreover, it argues, the 1 Board Member Berkemeyer abstaining. as to the proper time sharing arrange­ ments and Rensselaer proposed to assign studies relied upon by Functional are the daytime operation of W H AZ to Troy nothing more than “ * * * a carefully [Docket Nos. 18210-18212; FCC 68R-414] Record Co. and its nighttime share of orchestrated program to achieve pre­ REGAL BROADCASTING CORP. the operating hours to W EVD for use in conceived results * * Thus, Regal argues, Functional has failed to make (WHRL-FM) ET AL. New York City. W P O W objected and asked to be made a party to the arrange­ the showing required by Chapman, supra, Memorandum Opinion and Order ments. After correspondence among the for the inclusion of the requested issue. Enlarging Issues parties and the Commission, a new pro­ W PO W states that it does not oppose the posal was presented whereby W P O W issue requested by Functional but would In re- applications of Regal Broad­ would purchase W H AZ’s daytime oper­ prefer to see the matter explored by the casting Corp. (W H R L -F M ), Albany, ation and the nighttime hours (from 6 inclusion of a general Suburban issue as N.Y., Docket No. 18210, File No. B P H - p.m. to' midnight each Monday) would to Functional. Thus each applicant would 6054; Functional Broadcasting, Inc., Al­ be distributed between W PO W and be confronted with a similar issue. The bany, N.Y., Docket No. 18211, File No.- W EVD to be used in each instance in Board agrees with the Bureau’s sugges­ BPH-6124; W POW , Inc., Albany, N.Y., New York City. W P O W paid $40,000 and tion that the allegations in this petition Docket No. 18212, File No. BPH-6129; W EVD $15,000 for the nighttime operat­ indicate that an evidentiary inquiry may for construction permits. ing time formerly used by W HAZ in Troy. well establish significant differences in 1. The above-captioned mutually ex­ This proposal was approved by the Com­ the efforts put forth by each of the ap­ clusive applications for a new FM station mission and W POW , Inc., became the li­ plicants to ascertain the program needs in Albany, N.Y., were designated for censee of WHAZ, June 14, 1967. Based of the community it proposes to serve. hearing by Commission Order, FCC 68- on the foregoing facts, Functional argues We do not, however, concur with the Bu­ 612, released June 18, 1968. That order that W P O W deliberately bargained away reau’s suggestion that the comparative included a Suburban issue as to Regal an opportunity to provide nighttime efforts issue should be held in abeyance Broadcasting Corp. (Regal) and W POW , service to the Albany area and that con­ until after a showing by each of the Inc. (W P O W ), and a standard compara­ sequently an issue looking toward a com­ other parties pursuant to the S u b u r b a n tive issue. Functional Broadcasting, Inc. parative demerit to W PO W should be issue.2 Such a procedure does not appear (Functional) filed a petition to enlarge included in this proceeding. to afford any particular advantage and comparative issues on July 22, 1968,1 re­ may well result in undue delay in the questing the following issues: 3. In the Board’s view the factual al­ legations advanced by Functional do not ultimate disposition of the matter. An (1) To determine, upon examination issue to explore as a comparative matter of the circumstances under which warrant the inclusion of such an issue. There are no allegations of misconduct the efforts made by each of the appli­ W PO W , Inc., voluntarily relinquished cants to ascertain the needs of the com­ opportunities to provide nighttime serv­ on the part of W POW , nor are there any allegations which would warrant a con­ munity it proposes to serve will, there­ ice over Radio Station WHAZ, Troy, N.Y., fore, be included. whether a comparative demerit should clusion that W P O W would not be a suit­ able licensee of an FM station in Albany. 5. Functional has requested an issue be assessed against W POW , Inc. to determine, in light of the representa­ (2) To determine on a comparative The fact that, in settling a three-way tions made, whether programing pro­ basis the significant differences between dispute concerning the sharing of 1330 posals of Regal and W PO W can be relied the applicants with respect to the efforts kHz, the Commission approved an ar­ rangement which resulted in the use at upon. In support of this request, Func­ New York City of six nighttime hours tional asserts that as to W PO W it pro­ iThe Board also has before it oppositions per week, which were formerly available filed by Regal Broadcasting Corp. on Aug. 16, poses a substantial percentage of local for use to Troy, does not warrant con­ 1968, a n d b y W P O W , In c., on A u g . 20, 1968; live programs, and that it has budgeted comments by Broadcast Bureau filed Aug. 20, sideration in this proceeding. Accord­ 1968; and a reply by Functional Broadcast­ ingly, the requested issue will be denied. in g , In c., filed S ep t. 9, 1968. 4. Functional notes that the Commis­ * Azalea Corp., 10 FCC 2d 364, 11 R R 2d 541.

FEDERAL REGISTER, VO L. 33, N O . 199— FRIDAY, OCTOBER 11, 1968 NOTICES 15229 only $30,000 for its first year of opera­ to be achieved by the use of the channels tion; that the production of such pro­ assigned to FM broadcasting is the op­ FEDERAL HOME LOAN BANK BOARD grams requires extensive editorial super­ timum FM service to the general public [H .C . N o . 6 ] vision by talented people, and that con­ and that Functional’s proposed use of the sequently it cannot be expected that subchannels for Muzak and storecasting ' GREAT SOUTHERN CORP. WPOW will in fact present the program is at the expense of daytime FM stereo, schedule it has proposed. Further Func­ Monday through Friday. Moreover, it is Notice of Receipt of Application for tional alleges that Regal’s reliance on Its argued that the extensive subsidiary use Permission To Acquire , Control of existing programing is a basically in­ of the FM frequency to some extent di­ _ Zions Savings and Loan Association adequate showing, and that'there is no minished the quality of the FM signal factual foundation upon which the Com­ broadcast on the primary channel, thus O ctober 8,1968. mission can base a judgment as to that adversely affecting reception at the outer Notice is hereby given that the Federal applicant’s proposed programing. These edges of the predicted service area. In Savings and Loan Insurance Corporation allegations do not warrant the inclusion view of these conflicting arguments and has received an application. from the of the requested issue as to Regal or allegations, it appears that the matter Great Southern Corp., Houston, Tex., on WPOW. In its Policy Statement on Com­ can best be resolved in the hearing proc­ behalf of itself and its parent companies, parative Broadcast Hearings,3 the Com­ ess. Such hearing is not precluded by Great Southern Life Insurance Co., mission stated that no independent fac­ section 73.294(b) of the rules. The ques­ Houston, Tex., and the Greenwood Corp., tor or likelihood of effectuation of pro­ tions which will be explored do not deal Houston, Tex., for permission to acquire posals will be utilized. Thus, Functional’s with the public interest aspects of the control of the Zions Savings and Loan allegations regarding W PO W actually re­ programing of Functional’s Subsidiary Association, Salt Lake City, Utah, an in­ late to its financial qualifications and Communications Authorization (SCA) sured institution, under the provisions of the adequacy of its staffing proposal. To but rather with the technical aspects of section 408(e) of the National Housing the extent that Functional is suggesting the applicant’s abilities to provide an FM Act, as amended (12 U.S.C. 1730(a) ) and that W PO W may not havé estimated broadcast service, including stereo serv­ section 584.4 of the.Regulations for Sav­ sufficient funds to meet its first year’s ice, to the general public. In these cir­ ings and Loan Holding Companies (12 cost of operation, Functional’s allega­ cumstances, the technical aspects of each CFR 584.4). The proposed acquisition tions fall short of the specificity and of the proposals may be explored under would be effected by the purchase of 98 substantiation required by section 1.229 the -efficiency criterion of the standard percent of the guarantee stock of the (c) of the Commission’s rules. Thus comparative issue, particularly the ef­ Zions Savings and Loan Association from based on the allegations here before it, fects of Functional’s proposed subsidi­ the Zions Utah Bancorporation of Nevada the Board finds no justification for in­ ary uses upon its ability to provide FM by the State Savings and Loan Asso­ clusion of such an issue.4 service, including FM stereo, to the gen­ ciation, Salt Lake City, Utah, a wholly 6. Functional has pointed to the Com­eral public.5 owned subsidiary of the Great Southern mission’s Policy Statement on Compara­ 7. Functional has also requested the Corp. Comments on the proposed acquisi­ tive Broadcast Hearings, supra, noting inclusion of an issue looking toward com­ tion should be submitted to the Director, particularly that in comparative cases parison of the significant differences Office of Examinations and Supervision, the efficiency aspects of the various en­ among the applicants with respect to Federal Home Loan Bank Board, Wash­ gineering proposals should be considered, their proposed programing. In a compan­ ington, D.C. 20552, within 30 days of the taking into account all aspects of the ion memorandum opinion and order, FCC date this notice appears in the F ederal service proposed in determining which 68R-413, released October 8, 1968,------R eg ister . of the applicants should be preferred. FCC 2d------, the Board added a com­ [ s e a l ] Ja c k C arter, Further, Functional noted that the Com­ parative programing issue. Functional’s Secretary. mission has already indicated that the request is therefore moot. comparative consideration in this case 8. It is ordered., That the petition to [F .R . D oc. 68-12394; F iled , O ct. 10, 1968; 8:46 a .m .] will take into account the differences %in enlarge comparative issues, filed by the proposed service areas of the three Functional Broadcasting, Inc., July 22, applicants. Functional then suggests that 1968, is granted to the extent indicated since it proposed “a concept of total ra­ herein and denied in all other respects. dio,” it should receive a comparative 9. It is further ordered, That the is­ FEDERAL MARITIME COMMISSION preference for this aspect of its proposal. sues in the above-captioned proceeding BLUE STAR LINE, LTD., AND In support of this position Functional are enlarged to include the following notes that it will offer FM programing issue: PORT LINE LTD. 24 hours per day on the main channel, a To «determine on a comparative basis Notice of Agreement Filed for “Muzak” service on the first subchannel, whether there are significant differences Approval and on the second subchannel will pro­ among the applicants with respect to the vide a storecasting service from 9 a.m. efforts made by each applicant to ascer­ Notice is hereby given that the follow­ to 6 p.m. during the weekdays, and a tain the needs and interests of the com­ ing agreement has been filed with the stereo broadcasting service from 6 p.m. munity it proposes to serve. Commission for approval pursuant to until 9 a.m. weekdays and 24 hours per section 15 of the Shipping Act, 1916, as day during the weekends. Thus, argues Adopted: October 4,1968. amended (39 Stat. 733, 75 Stat. 763, 46 Functional, the maximum possible com­ Released: October 8,1968. U.S.C. 814). munication services will be provided by Interested parties may inspect and its proposed use of the frequency. Fur­ F ederal C ommunications - obtain a copy of the agreement at the thermore it notes that it has proposed C o m m is s io n , Washington office of the Federal Mari­ both vertical and horizontal polarization [ s e a l ] B e n F. W a p l e , time Commission, 1321 H Street NW., for better reception throughout its entire Secretary. Room 609; or may inspect agreement at service area. In opposition to this request, [P .R . D oc. 68-12399; P iled , O ct. 10, 1968; the offices of the District Managers, New it is argued that the principal objective 8 :4 7 a .m .] York, N.Y., New Orleans, La., and San Francisco, Calif. Comments with refer­ * 1 F C C 2d 393, 5 R R 2 d 1901. B In another memorandum opinion and ence to an agreement including a request ‘ On Sept. 17, 1968, th e B o a r d g ra n te d order, the Board deals with related questions for hearing, if desired, may be submitted Functional’s petition requesting a staffing concerning Functional’s proposed subsidi­ to the Secretary, Federal Maritime Com­ issue against W POW in the instant proceed­ ary uses. See FCC 68R-413 released October 8, mission, Washington, D.C. 20573, with­ ing, POO 6 8 R -3 8 6 ,______F C C 2 d ______1968,------F O C 2 d ------. in 20 days after publication of this notice

FEDERAL REGISTER, VOL. 33, NO. 199— FRIDAY, OCTOBER 11, 1968 15230 NOTICES in the F e d e r a l R e g i s t e r . A copy of any ience and necessity. Where a protest or nated for the particular area of produc­ such statement should also be forwarded petition for leave to intervene is timely tion for the period prescribed therein un­ to the party filing the agreement (as in­ filed, or where the Commission on its less at the time of filing of protests or dicated hereinafter) and the comments own motion believes that a formal hear­ petitions to intervene the Applicant in­ should indicate that this has been done. ing is required, further notice of such dicates in writing that it is unwilling to Notice of agreement filed for approval hearing will be duly given: Provided, accept such a condition. In the event by: however, That pursuant to § 2.56, Part 2, Applicant is unwilling to accept such con­ Edmund C. Smith, Esq., Casey, Lane & Mit- Statement of General Policy and Inter­ dition the application will be set for tendorf, 26 Broadway, New York, N.Y. pretations, Chapter I of Title 18 of the formal hearing. 10004. Code of Federal Regulations, as amended, Under the procedure herein provided all permanent certificates of public con­ Agreement 9748, between Blue Star for, unless otherwise advised, it will be venience and necessity granting appli­ unnecessary for Applicants to appear or Line, Ltd., and Port Line, Ltd., appoints cations, filed after July 1, 1967, without Blue Star Port Lines, Ltd., to act as agent be represented at the hearing. further notice, will contain a condition for the parties in New Zealand for the precluding any filing of an increased K e n n e t h F . P l u m b , solicitation and booking of cargoes, col­ rate at a price in excess of that desig- Acting Secretary. lection of freights, and adjustment of sailing schedules of vessels ip New Zea­ land ports. Docket No. and Pres- date filed Applicant Purchaser, field, and location Price per Mcf sure Dated: Octobers, 1968. base By order of the Federal Maritime G-3162____ Jeanne Washburn Holleman, Mississippi River Transmission (l) Commission. D 9-9-68 c/o Wilbur J. Holleman, Corp., West Unionville Field, T h o m a s L i s i , National Bank of Tulsa Lincoln Parish, La. Secretary. Bldg., Tulsa, Okla. 74103 (partial abandonment). [F .R . D oc. 68-12409; F ile d , O ct. 10, 1968; G—3169____ M. H . Marr, 2500 Republic (‘) 8:48 a.m .] D 9-9-68 National Bank Bldg., Dallas, Tex. 7520T (partial abandonment). G-4579____ Cities Service Oil Co., Cities Northern Natural Gas Co., Eumont (*) D 9-9-68- Service Bldg., Bartlesville, Field, Lea County, N . Mex. Okla. 74003 (partial abandon­ FEDERAL POWER COMMISSION ment). G-8524____ Charles K . Williams, c/o Mississippi River Transmission (‘) — ...... Corp., West Unionville Field, [Docket Nos. G-3162, etc.] D 9-6-68 Wilbur J. Holleman, N a­ tional Bank of Tulsa Bldg., Lincoln Parish, La. Tulsa, Okla. 74103 (partial JEANNE WASHBURN HOLLEMAN abandonment). ET AL. G-11479___ Pan American Petroleum El Paso Natural Gas Co., House « 10.0 14.65 C 6-21-68 Corp. (Operator) et al.,s A bo Field, Lea County, N . Mex. Post Office Box 591, Tulsa, Notice of Applications for Certificates, Okla. 74102. G-13322____ Lincoln Converse Co., 1105 Mississippi River Transmission ( ‘) Abandonment of Service and Peti­ D 9-13-68 Southland Center, Dallas, Corp., West Unionville Field, tions To Amend Certificates 1 Tex. 75201. Lincoln Parish, La. CI62-706___ Alco Oil & Gas Corp. (Oper­ E l Paso Natural Gas Co., acreage 17.7 16.026 in San Juan County, Utah. O c t o b e r 1,1968. C 9-11-68 ator) et al., Post Office Box 52027, OCS, LaFayette, Take notice that each of the Applicants La. 70501. CI63-489___ Ashland Oil & Refining Co., Michigan Wisconsin Pipe Line Co.; *15.0 14.65 listed herein has filed an application or C 9-18-68 Post Office Box 18695, Okla­ Dacoma, Southeast Field, Alfalfa petition pursuant to section 7 of the Nat­ homa City, Okla. 73116. County, Okla. ural Gas Act for authorization to sell CI67-142-... N . G. Clark, c/o DaCosta Equitable Gas Co., Hacker’s Creek 25.0 15.325 C 8-2-68 Smith, Jr., attorney, 135 District, Lewis County, W. Va. natural gas in interstate commerce or Main Ave., Weston, W. Va. to abandon service as described herein, 26452. CI67-286___ Monsanto Co., 1300 Main St., Arkansas Louisiana Gas Co., Ar- 15.0 14.65 all as more fully described in the respec­ C 9-12-68 Houston, Tex. 77002. koma Area, Haskell County, Okla. tive applications and amendments which CI67-1009- Lewis E. and Clyde L . Warner, A . A . Pursley, acreage in Tyler • 19.615 15.325 A 2-9-67 Alma, W. Va. 26320. County, W. Va. ’ 17.654 are on file with the Commission and open CI67-1622-- W. C. McBride, Inc., c/o James 'Arkansas Louisiana-Gas Co., Cam­ 15.0 14.65 to public inspection. C 9-18-68 F. McCarthy, attorney, eron Field Area, Le Flore Cpunty, 25 North Brentwood Blvd., Okla. Protests or petitions to intervene may Clayton, Mo. 63105. be filed with the Federal Power Commis­ CI67-1772-. Texota Oil Co. (Operator) Arkansas Louisiana Gas Co., acre­ 15.0 14.65 sion, Washington, D.C. 20426, in accord­ C 9-16-68 et al., 811 San Jacinto Bldg., age in Franklin, Sebastian, Logan, Houston, Tex. 77002. and Scott Counties, Ark.; Le ance with the rules of practice and pro­ Flore, .Haskell, Latimer, Pitts­ cedure (18 CFR 1.8 or 1.10) on or before burg, Atoka, Coal, Sequoyah, and McIntosh Counties, Okla. October 25,1968. CI68-7Q5...... A. A. Pursley, Box 51, Leroy, The Manufacturers Light & Heat 20.596 16.325 Take further notice that, pursuant to A 11-15-67 W. Va. 25252. Co., acreage in Tyler County, W. Va. the authority contained in and subject CI68-1148---...... Appalachian Exploration & United Fuel Gas Co., Poca District 28.0 15.325 to the jurisdiction conferred upon the C 9-16-68 Development, Inc., Post Kanawha County, W. Va. Federal Power Commission by sections Office Box 1473, Charleston, _ W. Va. 25325. 7 and 15 of the Natural Gas Act and the CI69-263...... - ...... Crown Petroleum, Inc., c/o Panhandle Eastern Pipe Line Co., ‘ 17.0 14.65 Commission’s rules of practice and pro­ A 9-12-68 Sherman S. Poland, attorney, acreage in Ellis County, Okla. Ross, Marsh, and Foster, 725 cedure, a hearing will be held without 15th St., NW ., Washington, further notice before the Commission on D .C . 20005. CI69-264______Joseph Rubin, B or 6357, Consolidated Gas Supply Corp., Uneconomical all applications in which no protest or B 9-11-68 Charleston, W. Va. Ravenswood District, Jackson petition to intervene is filed within the County, W. Va. C I 6 9 - 2 6 5 . ___ Stanley-Hager, c/o Joseph H . Consolidated Gas Supply Corp., 25.0 15.325 time required herein if the Commission A 9-13-68 Hager, Huntington, W. Va. Weston District, Lewis County, on its own review of the matter believes 25700. W. Va. 15.025 that a grant of the certificates or the au­ CI69-266—...... Shell Oil Co., 50 West 50t.h St., Texas Eastern Transmission Corp., 21.25 A 9-13-68 New York, N .Y . 10020. Vermilion Block 164 Field, On- thorization for the proposed abandon­ shore, Louisiana. ment is required by the public conven- Filing code: A —Initial service. B —Abandonment. C—Amendment to add acreage. i TTita n otice does n o t p ro v id e fo r co n so li­ D —Amendment to delete acreage. E — Succession. dation for hearing of the several matters F —Partial succession. covered herein. See footnotes at end of table.

FEDERAL REGISTER, V O L 3 3 , N O . 199— FRIDAY, OCTOBER 11, 196 8 NOTIGES 15231

changes would result in an estimated in­ D ocket No. and Pres­ crease in jurisdictional revenues of d a te filed Applicant Purchaser, field, and location Price per Mcf sure base $29,677,486 annually. The changes are proposed to become effective October 7, 1968. ■CI69-267 ------AHM . Sabine Oil Industries, Inc., c/o Northern Natural Gas Co., Mocane 17.0 14.65 A 7 -5 -6 » 9 Harry C. Marberry, attorney, Laveme Field, Beaver County, El Paso states that the principal rea­ 2207 First National Bldg., Okla. sons for its proposed increase are a need Oklahoma City, Okla. 73102. CI69-268...... — --41 Sabine Oil Industries,'Inc. 16.0 14.65 for a 7.5 percent rate of return, increased (0-19337) (successor to Southwest Oil Federal, State, and local taxes, and in­ F 7-5-68 Industries, Inc.10). CI69-269...... - Spartan Gas Co., Post Office United Fuel Gas Co., Poca District, 28.0 15.325 creased costs of labor, material, and A 9-18-68 Box 766, Charleston, W. Va. Kanawha County, W. Va. supplies. 25323. El Paso urges that if the proposed C169-270------— Commonwealth Gas Corp., ____ do...... 28.0 15.325 A 9-18-68 Post Office Box 1433, Charles­ changesTn its tariff are suspended that ton, W. Va. .25325. the suspension period be no longer than CI69-271...... — . Alan IA Lam b and Clifton Gall, Michigan Wisconsin Pipe Line Co., »17.0 14.65 A 9-16-68 C/o Monnet, Hayes, Bullis, Laveme Field, Harper County, 1 day beyond the proposed effective date. Grubb & Thompson, 1719 Okla. In support of its motion El Paso alleges First National Bldg., Okla­ homa City, Okla. 73102. that since 1960 it has reduced its rates CI69-272„— - Nielson Enterprises, Inc., c/o Northern Natural Gas Co., Mocane »17.0 14.65 by some $45 million annually despite ris­ ; A 9-18-68 Gordon L. Llewellyn, attor­ Field, Harper County, Okla. ney, 900 Southland Center, ing costs during this period,. El Paso Dallas, Tex. 75201. alleges that if the suspension exceeds C169-273...... - L . L. Wilkins E & O Co. Lone Star Gas Co., Katie Field, 10.25 14.65 1 day it will suffer irreparable injury be­ (G-15066) (successor to Tenneco Oil Garvin County, Okla. 1 (0-17863) Co. et al.), Box 757, Heald- cause of the increased costs. Good cause F 9-11-68 ton, Okla. 73438. has not been shown for shortening the ’0169-274...... Ü 9 E . C. Ware, Post Office Box United Fuel Gas Co., acreage in 23.0 15.325 A 9-16-68 7348, Beauty, K y. 41203. Knott County, Ky, suspension period permitted by the Nat­ CI69-275...... —V. Trio OH & Gas Co., Inc., Box Consolidated Gas Supply Corp., Uneconomical ural Gas Act. B 9-16-68 264, West Union, W. Va. N ew Milton District, Doddridge 26456. County, W. Va. A review of the filing indicates that CI89-276_____ —-, Haught Drilling Co. (successor Pennzoil United, Inc., acreage in 12.0 15.325 certain issues are raised therein which (0-8411) to Bowser Gas & Ou Co.), Ritchie County, W. Va. require development in an evidentiary F 9-13-68 c/o L. E. Haught, attorney, Smithville, W. Va. 26178. proceeding. The proposed increased rates CI69-278...... -CS, Viking Drilling Co. (successor Florida Gas Transmission Co., 16.0 14.65 and charges have not been shown to be ! (CI60-497) ■ to Marathon Oil Cò.), 900 Citrus Grove Field, Matagorda F 4-11-68 Northeast Loop Expressway, County, Tex. justified and may be unjust, unreason­ San Antonio, Tex. 78209. able, unduly discriminatory, or pref­ CI69-279____ — - — Viking Drilling Co. (successor ...... do...... ’...... 16.0 14.65 S (0-18384) to Mobil Oil Corp.). erential, or otherwise unlawful, F 4-11-68 We contemplate that some of the issues involved ih this proceeding may be sus­ I 1 The properties from which sales are proposed to be abandoned will be acquired by Purchaser for use as under­ ceptible of hearing and decision within ground storage. . ; the 5-month suspension period or shortly | ! Well is no longer capable of producing commercial volumes of gas into Buyer’s line. thereafter. In order that the collection ! By letter dated Aug. 23, 1968, Applicant expressed willingness to accept permanent authorization conditioned as Opinion No. 468, as modified b y Opinion No. 468-A. and refunding of any possible excess I * Sell also receives payment for liquid products recovered, based on percent of value; charges may be avoided or limited, we I 5 Plus B.t.u. adjustment. I * Sale from March 1965 to September 1966 to The Manufacturers Light and Heat Co. and from September 1966 to will prescribe a procedure under which [November 1966 to Duntt-Mar Oil and Gas Co. such issues may be tried in an initial ' Sale from November 1966 to February 1967 to Dunn-Mar Oil and Gas Co. and from February 1967 to A . A. Puraley. 1 Subject to upward and downward B.t.u. adjustment. phase of the hearing. 1 For acreage acquired from Southwest Oil Industries, Inc. N o certificate filing was ever made by Southwest to The Commission finds: cover subject acreage. : (1) It is necessary and proper !n the 10 Successor in interest to Anadarko Production Co. Southwest never made succession filing to cover subject acreage. public interest and aid in the enforce­ [F.R. Doc. 68-12308; Filed, Oct. 10, 1968; 8:45 a.m.} ment of the provisions of the Natural Gas Act that the Commission enter upon a hearing concerning the lawfulness of [Docket No. RI67-113] By direction of the Commission. the rates and charges contained in El WILLIAM HARVEY DENMAN ET AL. Paso’s FPC Gas Tariff, as proposed to K e n n e t h P . P l u m b , be amended, and that the proposed tariff Acting Secretary. Notice Postponing Oral Argument sheets listed above be suspended, and use [F.R. Doc. 68-12369; Filed, Oot. 10, 1968; thereof be deferred as herein provided. O c t o b e r 4,1968. 8:45 a .m .] (2) It is necessary and proper in the William Harvey Denman, Trustee, et public interest and to aid in the enforce­ al. v. J. M. Huber Corp., Docket No. RI67- ment of the provisions of the Natural Gas [D o c k e t N o . R P 6 9 -6 ] 113; Mobil Oil Corp. v. Carl P. Matzen Act that the disposition of this proceed­ et al., Docket No. RI67-1I4; Western EL PASO NATURAL GAS CO. ing be expedited in accordance with the Natural Gas Co. v. Elmer Hennigh et al., procedures set forth below. Docket No. RI67-310; Pan American Order Providing for Hearing, Suspend­ The Commission orders: Petroleum Corp. v. Leland C. Waechter ing Proposed Revised Tariff Sheets et al., Docket No. RI67-400. (A ) Pursuant to the authority of the and Providing Hearing Procedures Natural Gas Act, particularly sections 4 On September 26, 1968, counsel for and 15 thereof, the Commission’s rules Carl P. Matzen et al., Elmer Hennigh O c t o b e r 4.J968. of practice and procedure, and the reg­ et al., and Leland C. Waechter et al., El Paso Natural Gas Co. (El Paso), on ulations under the Nautral Gas Act (18 landowner defendants in the above- September 6,1968, filed proposed changes CFR Ch. I ), a public hearing shall be ¡ designated matter, filed a motion to con­ in its presently effective PPC Gas Tariff, held commencing October 17, 1968, at tinue the oral argument presently sched­ 10 a.m., e.s.t., in a hearing room of the Original Volume No. !•> The proposed uled for October 21, 1968. No objections Federal Power Commission, 441 G Street to the motion have been filed. NW., Washington, D.C., concerning the Notice is hereby given that the oral 1 Proposed revised tariff sheets; Ninth Re­ lawfulness of the rates, charges, classi­ argument presently scheduled to com­ vised Sheet No. 27-B; Tenth Revised Sheet fications and services contained in El mence at 10 a.m. (e.d.t.), on October No. 27-1; Eleventh Revised Sheet Nos. 11-A Paso’s FPC Gas Tariff, as proposed to be i, 1968, is postponed to 10 a.m. (e.s.t.), and 34; Twelfth Revised Sheet Nos. 4, 17, 18, and 27-fi; Fourteenth Revised Sheet Nos. amended. +l°Jê^ er 1968, in a hearing room of 6 a n d 8; Fifteenth Revised Sheet NoS. 19 and (B ) Pending such hearing and de­ ne Federal Power Commission, 441 G 36; and Sixteenth Revised Sheet Nos. 10 and cision thereon, El Paso’s proposed revised street N.W., Washington, D.C. 11. tariff sheets listed above are hereby sus-

FEDERAL REGISTER, VOL. 33, NO. 199— FRIDAY, OCTOBER 11, 1968 15232 NOTICES pended and the use thereof is deferred standing promissory notes) will be used, Protests or petitions to intervene may until March 7, 1969, and until such fur­ among other things, to pay in part the be filed with the Federal Power Commis­ ther time as they are made effective in expenditures to be made in 1968 and sion, Washington, D.C. 20426, in accord­ the manner prescribed by the Natural 1969 in connection with the Applicant’s ance with the rules of practice and pro­ Gas Act. construction program. cedure (18 CFR 1.8 or 1.10) and the (C ) At the hearing on October 17, Principal items in Applicant’s 1969 regulations under the Natural Gas Act 1968, El Paso’s prepared testimony construction program include $150,000 (§ 157.10) on or before October 31, 1968. (Statement P ) filed and served on Sep­ for electric production facilities, $6,079,- Take further notice that, pursuant to tember 20, 1968, together with its entire 000 for electric transmission facilities the authority contained in and subject to rate filing as submitted and served on and $9,718,000 for electric distribution the jurisdiction conferred upon the Fed­ September 6, 1968, shall be admitted to facilities. eral Power Commission by sections 7 and the record as El Paso’s complete case-in­ Any person desiring to be heard or to 15 of the Natural Gas Act and the Com­ chief as provided in the Commission’s make any protest with reference to said mission’s rules of practice and pro­ regulations, § 154.63(e) (1), and Order application should, on or before Octo­ cedure, a hearing will be held without No. 254, 28 FPC 495,496. ber 25, 1968, file with the Federal Power further notice before the Commission on this application if no protest or petition (D ) Following admission of El Paso’s Commission, Washington, D.C. 20426, petitions or protests in accordance with to intervene is filed within the time re­ complete case-in-chief, the parties shall quired herein, if the Commission on its present their views and the Presiding the requirements of the Commission’s rules of practice and procedure (18 CFR own review of the matter finds that a Examiner, in the exercise of his discre­ grant of the certificate is required by the tion, shall determine whether there shall 1.8 or 1.10). The application is on file and available for public inspection. public convenience and necessity. If a be an initial phase and, if so, which issues protest or petition for leave to intervene shall be heard therein. If he determines K e n n e t h F. P l u m b , is timely filed, or if the Commission on that there shall be an initial phase hear­ Acting Secretary. its own motion believes that a formal ing, he shall fix dates for service of Staff’s [F .R . D oc. 68-12371; F ile d , O ct. 10, 1968; hearing is required, further notice of such and Intervenors’ evidence and El Paso’s 8:45 a .m .] hearing will be duly given. rebuttal evidence on such issues; fix dates Under the procedure herein provided for witnesses to appear for adoption of for, unless otherwise advised, it will be their testimony and to stand cross- [Docket No. CP69-86] unnecessary for Applicant to appear or be examination thereon; and proceed with represented at the hearing. such hearing as expeditiously as feasible. TENNESSEE GAS PIPELINE CO. (E) Presiding Examiner Max L. Kane, Notice of Application K e n n e t h F. P l u m b , or any other designated by the Chief Ex­ Acting Secretary. O cto ber 3, 1968. aminer for that purpose (see Delegation [F.R. Doc. 68-12372; Filed, Oct. 10, 1968; of Authority, 18 CFR 3.5(d)), shall pre­ Take notice that on September 27, 8:45 a .m .] side at the hearing in this proceeding; 1968, Tennessee Gas Pipeline Co., a divi­ shall prescribe relevant procedural mat­ sion of Tenneco Inc. (Applicant), Post ters not herein provided; and shall con­ Office Box 2511, Houston, Tex. 77001, trol this proceeding in accordance with filed in Docket No. CP69-86 an applica­ the policies expressed in § 2.59 of the tion pursuant to section 7(c) of the FEDERAL TRADE COMMISSION Commission’s rules of practice and Natural Gas Act for a certificate of public NATIONAL CONSUMER PROTECTION procedure. convenience and necessity authorizing AND EDUCATION the delivery of natural gas to Algonquin By the Commission. Gas Transmission Co. (Algonquin) at an Notice of Hearing existing interconnection of the pipeline [ s e a l ] K e n n e t h F. P l u m b , Notice is hereby given that the Fed­ Acting Secretary. facilities of Algonquin and Applicant eral Trade Commission will hold a public near Mahwah, N.J., for the account of [F .R . D oc. 68-12370; F ile d , O ct. 10, 1968; hearing before the Commission on No­ Consolidated Edison Company of New 8:45 a .m .] vember 12, 13, 21, 22, 25, 26, 1968, and on York, Inc. (Consolidated Edison), an Mondays and Tuesdays weekly thereafter existing customer of Applicant, all as so long as hearing sessions are necessary, [Docket No. E-7445] more fully set forth in the application which hearing will afford representatives- which is on file with the Commission and NORTHERN STATES POWER CO. of Federal, State, and local governments, open to public inspection. consumer-interest organizations, legal Notice of Application The application states that a trans­ assistance groups, trade associations, and portation service has been agreed upon O c to ber 4, 1968. the consuming public an opportunity to whereby Applicant will deliver to Algon­ Take notice that on September 30, present their views and comments con­ quin up to 9,000 Mcf per day of its exist­ cerning national consumer protection 1968, Northern States Power Co. (Ap­ ing authorized CD and SS contract plicant), filed an application seeking and education. The hearing sessions will quantities of natural gas at an existing be- in Room 532 of the Federal Trade an order pursuant to section 204 of the interconnection between the pipelines of Federal Power Act authorizing the is­ Commission Building, Pennsylvania Ave­ Applicant and Algonquin near Mahwah, nue at Sixth Street NW., Washington, suance of up to $13 million in short term N.J. Algonqqin will transport and deliver promissory notes. D.C., and all sessions will be open to the equivalent daily quantities to Consoli­ general public. Should circumstances so Applicant is incorporated in Wisconsin dated Edison at Peekskill, N.Y. At this dictate, sessions after November 12,1968, with its principal business office at Eau point, Consolidated Edison will accept may be held in the Auditorium of the Claire, Wis., and is engaged in the elec­ delivery of the gas into its system for Smithsonian Institution’s Museum of tric utility business in the State of distribution and consumption by the Natural History. Hearing sessions will Wisconsin. ultimate consumer. run from 9:30 a.m. to 12:30 p.m., e.s.t., The securities to be issued will consist The application further states that, daily. of promissory notes issued to commercial except for possible minor modifications As announced in a general press re­ banks to mature not more than 12 of the existing metering facilities at the lease of July 8,1968, which received wide months after the date of their issue or interconnection of Applicant’s and Al­ dissemination through the news media, renewal and in any event not later than gonquin’s pipeline near Mahwah, N.J., comments, views, and suggestions and December 31, 1970, and will not be for Applicant, will not be required to con­ notifications of the desire to appear at resale to the public. struct any facilities to render this service the hearing.were asked to be filed by in* The proceeds from the bank borrow­ nor will the rendering of this service terested parties with the Commission ings made by Applicant during the bal­ jeopardize Applicant’s ability to render ance of 1968 and during 1969 (except service presently authorized by the Com­ Secretary, preferably during the months for the renewal or refunding of out- mission to its existing customers. of July and August 1968. This submis-

FEDERAL REGISTER, VO L. 33, N O . 199— FRIDAY, OCTOBER 11, 1968 NOTICES 15233

si'on period was established because of bution of materials by State, local, and On July 24,1967 the Commission issued the Commission’s need to have an official private consumer groups. its findings and opinion and order (Hold­ schedule formulated as soon as possible 4. Guidance of retail merchants. ing Company Act Release No. 15800), au­ and because of its desire to ascertain the Guidance of and supplying of informa­ thorizing AEP (a ) to acquire 522,193 depth o f interest of groups and persons tion to retail merchants, especially those shares of $2 par value common stock of involved in the'consumer protection and who are selling to low-income groups. M GE from M G U at a price equal to the education areas prior to the hearing it­ Information and comment in this area cost of the shares to MGU, including self. In addition to general notification, may involve attempts to help business­ commissions, (b) to acquire at a price of [special invitations were issued to persons men avoid unfair or deceptive acts and $115 per seven such shares, all shares of and groups who specifically inquired practices by the use of advice, definitive M G E common stock tendered pursuant to concerning the hearing and to organiza­ guidance, or distribution or information an offer which AEP proposed to make to tions having interests in consumer pro­ supplied by the Federal Trade Commis­ M GE shareholders other than MGU, (c) tection, whose interests were brought to sion as well as by State and local con­ to pay an additional $15 per seven such the attention of the Commission’s staff, sumer boards and agencies charged with shares to those persons from whom | information received in the study of the administration of State laws and shares were purchased by M G U pursuant [the D.C. Consumer Protection Program local regulations and ordinances to a tender offer, (d) to purchase shares [indicates that consumers are frequently respectively. of M GE common stock in the open mar­ [confused and deceived by the use of Due to the overwhelming response to ket or otherwise at a price of $115 per [numerous techniques designed for the the invitation announced in the earlier seven such shares, plus applicable com­ purpose of luring the consumer into a press release, the Commission has limited missions, contemporaneously with, or [purchase. Similarly, the study report re­ the time for making oral statements to within a 6-month period following the peals that failure of some merchants to twenty (20) minutes per organization. purchase of shares under the proposed [adequately reveal the full amount of pur­ When the record of the hearing has tender offer, and (e )’> to dispose of the gas chase price and financing charges is an­ been completed, the data, views or argu­ utility properties of M GE to MGU, pur­ other practice by means of which the ments presented orally and in writing suant to the terms and provisions of an [consumer is victimized. Problems of re­ will be available for examination by in­ agreement, dated July 1, 1966, between hail merchants, especially those operating terested parties at the Federal Trade AEP and M G U (“agreement”). [in the lower-income areas, were also Commission, Washington, D.C., and The Commission in its findings and [revealed. As the Commission believes comments thereon may be filed. opinion and order of July 24, 1967, re­ [that such practices probably also *iare Issued: October 10,1968. served jurisdiction, among other things, pound in many areas throughout the with respect to (i) further requisite ap­ [Nation, it is holding the subject hearing By the Commission. provals by the Commission in connection nor the basic purpose of obtaining the [ s e a l ] J o s e p h W. S h e a , with the proposed transactions relating wiews of concerned parties to assist it Secretary. to the gas properties of MGE, (ii) all In reaching a determination as to what accounting entries to be made in connec­ [action the Commission may take in the [F .R . D oc. 68-12408; F ile d , O ct. 10, 1968; tion with the proposed transactions, and public interest under the statutes ad­ 8 :4 8 a .m .] (iii) tax recitals requested by AEP in ministered by it and as to what specific cqnnection with the Commission’s ap­ proposals the Commission might wish to proval of the proposed transfer of the gas make to the U.S. Congress, to State and properties of MGU. local governments and to appropriate SECURITIES AND EXCHANGE Since July 24, 1967, AEP has acquired fconsumer-oriented groups for the pur­ the 522,193 shares of common stock of pose of effecting improved consumer COMMISSION M GE previously owned by M G U and has protection and education on a nation­ [7 0-43 8 9] purchased, through the tender offer and wide scale. purchases in the open market authorized I Among the subjects which are open AMERICAN ELECTRIC POWER CO., by the Commission, additional shares of [for discussion and comment at the hear­ INC. AND MICHIGAN GAS UTILITIES common stock of M GE so that at Sep­ ing are: CO. tember 15,1968, AEP owned an aggregate I 1. Corrective action. What kind of cor­ of 1,405,235 shares, or approximately rective action is needed to provide maxi­ Notice of Filing of Posteffective 98.2 percent, of the outstanding shares of mum consumer protection. This line of Amendment Regarding Sale of Gas common stock of MGE. discussion is to include establishment by Utility Assets to Nonaffiliate and AEP and MGE propose to sell the MGE the Federal Trade Commission and other the Issue, Sale and Acquisition of gas properties to MGU, and for this pur­ fcgencies and organizations of special Securities Related Thereto pose AEP proposes to organize MacLane lonsumer complaint offices to elicit, re­ Gas Co. (“M GC”) under the laws of ceive, and analyze reports of unfair or de­ O cto ber 7, 1968. Michigan. M GC will purchase the MGE ceptive practices by which the consumer Notice is hereby given that American gas properties and, as indicated below, Is victimized and the development of Electric Power Co., Inc. (“AEP”) , New will issue and sell to AEP its securities, paison arrangements between the Com­ York, N.Y., a registered holding company, which AEP will sell to MGU. The gas mission and consumer-minded organiza­ its public-utility subsidiary company, assets to be transferred by M GE to MGC, tions such as the Office of Economic Op­ Michigan Gas and Electric Co. (“M G E”) , as defined in the agreement consist, in portunity, Neighborhood Legal Services and Michigan Gas Utilities Co. (“M G U ”) , brief, of the gas plant and property of ¡offices, and others. Monroe, Mich., a nonaffiliated gas utility MGE, certain common property of MGE |2 . Guidance of and liaison action with company and an exempt holding com­ to be agreed upon by AEP and MGU, the wonsumers and consumer groups. Guid­ pany, have filed with this Commission a capital stock of Michigan Gas Explora­ ance of consumers and consumer groups posteffective amendment to a joint appli­ tion Company, a wholly owned subsidiary Bid establishment of liaison programs cation-declaration pursuant to the Public company of MGE, together with certain Involving consumers and national, local, Utility Holding Company Act of 1935 current or other miscellaneous assets of Biu regionl consumer protection and ed­ (“Act”) regarding a proposal by AEP to M GE related to its gas business. ucation groups. Social and economic as- cause M GE to effect the disposition of its The proposed transactions, which will Pcts in this area may be considered. gas properties to MGU. Sections 6, 7, 9, be consummated concurrently on the I , br°klems of low-income consumers 10, and 12(c) of the Act and Buies 42, 43, date of closing,, will be as follows: of particular interest. 44, 45, and 46 have been designated as (1) MGC will issue and sell to AEP, for Dissemination and distribution of 1 3. applicable to the proposed transactions. cash, (a) $10 million principal amount of pwniisszon m aterials. Improved dissem- All interested persons are referred to the demand notes of MGC, bearing interest pation and content of Commission ma- at an annual rate equal to one-half of 1 posteffective amendment, which is sum­ Ir'als Pertaining to consumer protec- percent plus the prime commercial loan ■on and the value of such distribution, marized below, for a complete statement rate from time to time of Manufacturers pso of interest is the increased distri- of the proposed transactions. Hanover Trust Co., and (b ) 4 million

FEDERAL REGISTER, VO L. 3 3 , N O . 199— FRIDAY, OCTOBER 11, 1968 15234 NOTICES shares of common stock, par value $1 M G E’s pro forma capitalization and tion Mines, Ltd., being traded otherwise per share, of MGC, for a consideration surplus, as of June 30, 1968, giving effect than on a national securities exchange; equal to the gas assets purchase price, to the proposed transactions, aggregated and referred to hereinafter, less the principal $12,564,237 and included first mortgage It appearing to the Securities and Ex­ amount of the demand notes. AEP will bonds of $5,050,000, or 40.2 percent there­ change Commission that the summary ' transfer to MGU, for cash, such MGC of, and common stock and surplus of suspension of trading in such securities demand notes and common stock at the $7,514,237, or 59.8 percent thereof. Elec­ on such exchange and otherwise than on» same price, plus the incidental costs of tric utility plant of M GE is stated on a national securities exchange is required« incorporating MGC. its books at original cost. Such plant, on in the public interest and for the protec-? (2) MGE will sell the MGE gas assets a pro forma basis, as of the same date, tion of investors; to MGC for cash at a price of $20,696,456. was $13,795,066. Depreciation reserve It is ordered, Pursuant to sections 15 : Such price represents an amount which amounted to $3,363,277 or 24.4 percent of (c )(5 ) and 19(a)(4) of the Securities; AEP and M G U agree would have been total electric plant. Exchange Act of 1934, that trading in* payable by M G U for the gas properties It is stated that the Michigan Public such securities on the Salt Lake Stock! had the purchase been consummated on Service Commission has jurisdiction with Exchange and otherwise than on a na-* December 31, 1967. It reflects the esti­ respect to the issuance and sale by MGC tional securities exchange be summarily i mated price of $18,400,000 as of Decem­ of its common stock and demand notes suspended, this order to be effective for ber 31, 1966 (as indicated in the Com­ and the purchase money mortgage and the period October 8, 1968, through Octo- j mission’s prior findings and opinion, related note. It is further represented ber 10, 1968, both dates inclusive. Holding Company Act Release No. 15800; that no other State commission and no By the Commission. p. 10) as adjusted primarily for property Federal commission, other than this [ s e a l ] O rval L. D u B ois, additions during the year 1967; and is Commission, has jurisdiction over the Secretary. ] subject to further adjustments With re­ proposed transactions. spect to a number of items, principally Notice is further given that any inter­ IF.R. Doc. 68-12375; Filed, Oct. 10, 1968; additions to gas plant of MGE to the ested person may, not later than Octo­ 8:45 a.m.] closing date. ber 24, 1968, request in writing that a (3) Certain of the gas assets to be sold hearing be held on such matter, stating are subject to the lien of M GE’s inden­ the nature of his interest, the reasons for INTERSTATE COMMERCE ture, and to secure from the trustee under such request, and the issues of fact or law the indenture a release of such proper­ raised by said posteffective amendment COMMISSION ties, M GE will deposit with the trustee which he desires to controvert; or he may the cash received from MGC and, in ad­ request that he be notified if the Com­ FOURTH SECTION APPLICATIONS dition, a purchase money mortgage and mission should order a hearing thereon. FOR RELIEF related note, issued by MGC, maturing in Any such request should be addressed; 90 days, giving M GE a first lien on the Secretary, Securities and Exchange Com­ O ctober 8, 1968. gas assets released from the lien to secure mission, Washington, D.C. 20549. A copy Protests to the granting of an app lica­ the amount of a postclosing adjustment of such request should be served per­ tion must be prepared in accordance with not to exceed $750,500. sonally or by mail (airmail if the person Rule 1100.40 of the general ru les of (4) M GE will withdraw so much of the being served is located more than 500 practice (49 CFR 1100.40) and filed' cash deposited with the trustee as may be miles from the point of mailing) upon within 15 days from the date of p u b lic s -! allowed under the provisions of its in­ the applicants-declarants at the above- tion of this notice in the F ederal | denture by certification to the trustee stated addresses, and proof of service R e g ister . (by affidavit or, in case of an attorney of unused net expenditures for bondable L o n g - a n d -S h o r t H aul property. It is stated that as of Decem­ at law, by certificate) should be filed with ber 31, 1967, after giving effect to deduc­ the request. At any time after said date, FSA No. 41463— Newsprint paper to■ tions applicable to its 1968 obligations the application-declaration, as amended , III. Filed by Traffic E xecutive; under the maintenance and sinking fund or as it may be further amended, may be Association-Eastern Railroads, agent1; provisions of the indenture, M GE had granted and permitted to become effec­ (E.R. No. 2923), for interested rail available approximately $18,400,000 of tive as provided in Rule 23 of the gen­ carriers. Rates on newsprint pap er, as; described in the application, in carloads,! unused net expenditures for bondable eral rules and regulations promulgated from Cap-de-la-Madeleine, G rand’Mere, property. under the Act, or the Commission may grant exemption from such rules as pro­ Port Alfred, Shawinigan, and TroiS| (5) M GE also proposes to redeem its vided in Rules 20(a) and 100 thereof or Rivieres, Quebec, Canada, to Chicago,; 4.40 percent and 4.90 percent series of take such other action as it may deem HI. cumulative preferred stock, both $100 appropriate. Persons who request a hear­ Grounds for relief— Water com peti-j par value, at the redemption prices of ing or advice as to whether a hearing is tion. $102 and $100, respectively. As of Decem­ ordered will receive notice of further Tariffs— Supplement 24 to C anadian ber 31,1967, MGE had outstanding 14,000 developments in this matter, including Nation Railways tariff ICC E.543, and shares of its 4.40 percent series and 1,562 the date of the hearing (if ordered) and supplement 55 to Canadian Pacific Rail- ' shares of its 4.90 percent series. any postponements thereof. way Co. tariff ICC E.2631. (6) M GE will pay to AEP the amount FSA No. 41464— Soda ash from Baton of open account advances made by AEP, By the Commission. Rouge and North Baton Rouge, La. Filed; which as of June 30, 1968 amounted to [ s e a l ] O r v a l L . D tjB o i s , by O. W. South, Jr., agent (No. A 6057),, $3 million. M GE also will distribute to Secretary. for interested rail carriers. R a te s on; AEP such portion of the funds with­ sodium (soda) ash, in bulk, in covered] drawn which MGE does not require to [F .R . D oc. 68-12376; F ile d , O ct. 10, 1968; hopper cars, in carloads, as d escrib ed in] 8:43 a .m .] pay off current liabilities. As of June 30, the application, from Baton R o u g e a n d; 1968, such funds amounted to $11,076,986. North Baton Rouge, La., to A tlanta, East j The pro forma effect upon the corpo­ [File No. 1-2879] Point, and Fairburn, Ga. rate balance sheet of AEP, as of June 30, Grounds for relief— rate relationship. ROYSTON COALITION MINES, LTD. 1968, of the transactions (1) through (6) Tariff— Supplement 71 to Southern^ will be to reduce AEP’s investment in the Order Suspending Trading Freight Association, agent, tariff 10*1 common stock of M GE from a total of S-699. $23,820,101, including purchase of the O ctober 7, 1968. minority interest in such common stock, The capital stock 1 cent par value of By the Commission. to $12,743,115 by the payment in cash Royston Coalition Mines, Ltd., being !s e a l ] H . N e i l G arson, of a potential liquidating dividend in the listed and registered on the Salt Lake Secretary. amount $11,076,986 and to return to AEP Stock Exchange pursuant to provisions open account advances previously made of the Securities Exchange Act of 1934 R. Doc. 68-12401; Filed, Oct. 10, 1968; to M GE in the amount of $3 million. and all other securities of Royston Coali-

FEDERAL REGISTER, VO L. 33, N O . 199— FRIDAY, OCTOBER 11, 1968 NOTICES 15235

[Notice 707] Interstate Commerce Commission, Bu­ drews, District Supervisor, Bureau of m otor c a r r ie r t e m p o r a r y reau of Operations, 332 Federal Building, Operations, Interstate Commerce Com­ Davenport, Iowa 52801. AUTHORITY APPLICATIONS mission, Post Office Box 10885, Cameron No. MC 41404 (Sub-No. 79 T A ), filed Village Station, Raleigh, N.C. 27605. O c t o b e r 8, 1968. October 2, 1968. Applicant: ARGO-COL- No. MC 114949 (Sub-No. 2 TA), filed The following are notices of filing of LIER TRUCK LINES CORPORATION, October 4, 1968. Applicant: APPOMAT­ pplications for temporary authority Post Office Box 440, Fulton Highway, TOX TRUCKING COMPANY, INCOR- • nder section 210a(a) of the Interstate Martin, Tenn. 38237. Applicant’s repre­ PORATED, Post Office Box 714, ommerce Act provided for under the sentative: Tom D. Copeland (same ad­ Appomattox, Va. 24522. Applicant’s rep­ ew rules of Ex Parte No. MC-67 (49 dress as above). Authority sought to op­ resentative: Robert Bolling Lambeth, erate as a common carrier, by motor ve­ PR Part 340) published in the F e d e r a l Bedford, Va. 24523. Authority sought to hicle, over irregular routes, transporting: eg iste k, issue of April 27, 1965, effec- operate as a contract carrier, by motor ive July 1, 1965. These rules provide Meats, meat products and meat by­ vehicle, over irregular routes, transport­ jhat protests to the granting of an ap­ products, and articles distributed by meat ing: Lumber, from Drakes Branch, Va., plication must be filed with the field packinghouses as described in section to Bargersville, Ind., for 180 days. Sup­ Official named in the F e d e r a l R e g i s t e r A and C of appendix I to the report in porting shipper: Stanley Land and Lum­ publication, within 15 calendar days after, Motor Carrier Certificates 61 M.C.C. 209 ber Corp., Stanleytown, Va. 24168. Send ¡he date of notice of the filing of the and 766, except hides and commodities protests to: George S. Hales, District in bulk, from plantsite of Reelfoot Pack­ ipplication is published in the F e d e r a l Supervisor, Bureau of Operations, 215 ing Co., at Union City, Tenn., and Stor­ Re g is te r . One copy of such protest must Campbell Avenue SW., Roanoke, Va. ie served on the applicant, or its au- age Facilities of Reelfoot Packing Co., at 24011. jhorized representative, if any, and the Humboldt, Tenn., to Chicago, 111., and No. MC 126555 (Sub-No. 10 T A ), filed protests must certify that such, service its commercial zone, and to Detroit, October 2, 1968. Applicant: UNIVERSAL kas been made. The protests must be Mich, and its commercial zone, for 180 TRANSPORT, INC., Post Office Box 268, jpeciflc as to the service which such days. Supporting shipper: Reelfoot Pack­ Rapid City, S. Dak. 57701. Applicant’s (¡rotestant can and will offer, and must ing Co., Union City, Tenn. (Frank Hays, representative: Truman A. Stockton, Jr., [onsist of a signed original and six copies. Reelfoot Plant Manager). Send protests The 1650 Grant Street Building, Denver, A copy of the application is on file, to: William W. Garland, District Super­ Colo. 80203. Authority sought to operate Ind can be examined at the Office of the visor, Interstate Commerce Commission, as a common carrier, by motor vehicle, Secretary, Interstate Conjmerce Com- Bureau of Operations, 390 Federal Office over irregular routes, transporting: pission, Washington, D.C., and also in Building, 167 North Main Street, Mem­ Industrial sand products, in bulk and in pe field office to which protests are to be phis, Tenn. 38103. bags, from Pringle, S. Dak., to points in ransmitted. No. MC 43269 (Sub-No. 56 T A ), Montana, Wyoming, North Dakota, filed October 2, 1968. Applicant: WELLS Nebraska, Kansas, Colorado, and Utah, M o t o r C a r r ie r s o f P r o p e r t y CARGO, INC., 1775 East Fourth Street for 150 days. Supporting shipper: South [No. MC 23441 (Sub-No. 7 T A ), filed 89502, Post Office Box 1511, Reno, Nev. Dakota Sand Corp., Post Office Box 38, October 3, 1968. Applicant: LAY 89505. Applicant’s representative: Berol, Pringle, S. Dak. 57773, attention: Robert [RUCKING COMPANY, INC., 1312 Lake Loughran, and Geemaert, 100 Bush L. Cullum. Send protests to: J. L. Ham­ itreet, La Porte, Ind. 46350. Applicant’s Street, San Francisco, Calif. 94104. Au­ mond, District Supervisor, Interstate fepresentative: Donald W. Smith, 900 thority sought to operate as a common Commerce Commission, Bureau of Oper­ Circle Tower Building, Indianapolis, Ind. carrier, by motor vehicle, over irregular ations, Room 369, Federal Building, 6204. Authority sought to operate as a routes, transporting: Silver concen­ Pierre, S. Dak. 57501. pmmon carrier, by motor vehicle, over trates, in semiliquid form, in bulk, in No. MC 126899 (Sub-No. 33 T A ), filed [regular routes, transporting: Tractors, roll-over dump truck equipment, from October 2, 1968. Applicant: USHER jower mowers, hand mowers, attach­ Leeds, Utah, to Inspiration Mine, Inspi­ TRANSPORT, INC., 3925 Ols Benton ments, attaching tools, and parts there- ration, Ariz., for 150 days. Supporting Road, Post Office Box 3051, Paducah, Ky. * or, from South Bend, Ind., to points in shipper: Sierra Silver Mining Co., Room 42001. Applicant’s representative: W. A. Colorado, Connecticut, Georgia, Illinois, 1905, 100 West Clarendon Avenue, Phoe­ Usher (same address as above). Author­ Kentucky, Massachusetts, Maryland, nix, Ariz. 85013. Send protests to: Daniel ity sought to operate as a common car­ Michigan, New Mexico, Missouri, New Augustine, District Supervisor, Inter­ rier, by motor vehicle, over irregular tersey, North Carolina, North Dakota, state Commerce Commission, Bureau of routes, transporting: Malt beverages and Jhlo, Pennsylvania, South Dakota, Ten- Operations, 222 East Washington Street, incidental advertising materials and lessee, Texas, Virginia, West Virginia, Carson City, Nev. 89701. premiums when shipped with malt bev­ Wisconsin, and the District of Columbia, No. MC 86913 (Sub-No. 26 TA), erages, from Newport, Ky., to points in or 180 d a y s.- Supporting shipper: filed October 2, 1968. Applicant: EAST­ Illinois, Indiana (except Delphi, Good- pheelhorse Products, Inc., 515 West Ire- ERN MOTOR LINES, INC., Post Office land, Monticello, Evansville, and Rens- and Road, South Bend, Ind. Send pro­ Box 649, Warrenton, N.C. 27589. Appli­ sealaer); Ohio; Virginia and West Vir­ mts to: District Supervisor J. H. Gray, cant’s representative: W. S. Bugg (same ginia, for 180 days. Supporting shipper: pureau of Operations, Interstate Com­ address as above). Authority sought to G. Heilleman Brewing Co., Inc., 925 South merce Commission, Room 204, 345 West operate as a common carrier, by motor Third Street, La Crosse, Wis. 54601, F. W. payne Street, Fort Wayne, Ind. 46802. vehicle, over irregular routes, transport­ Liegois, General Traffic Manager. Send I No. MC 30844 (Sub-No. 262 T A ), filed ing: Fencing, wooden, in sections: fence protests to: William W. Garland, Dis­ £ctober 4, 1968. Applicant: KROBLIN pickets, wooden; poles, wooden; and trict Supervisor, Interstate Commerce REFRIGERATED XPRESS, INC., Post posts, wooden; whether or not creosoted Commission, Bureau of Operations, 39G Office Box 5000, 2125 Commercial Street, or otherwise preservatively treated, from Federal Office Building, 167 North Main Waterloo, Iowa 50704. Applicant’s repre­ Scotland Neck, N.C., and points within Street, Memphis, Tenn. 38103. sentative: Larry L. Strickler (same ad- 25 miles thereof, to points in Connecti­ No. MC 133107 (Sub-No. 2 T A ), filed F f as above). Authority sought to op- cut, Delaware, District of Columbia, Il­ October 4, 1968. Applicant: TENOPIR f?’". as a common carrier, by motor linois, Indiana, Michigan, Massachusetts, TRUCKING, INC., 200 Granville, Bea­ llii ’ over ^figular routes, trans- Maryland, Maine, New Jersey, New trice, Nebr. 68310. Applicant’s represen­ K>rtmg: Foodstuffs, other than frozen, Hampshire, New York, Ohio, Pennsyl­ tative: C. E. Danley, Box 362, Beatrice, pm Aspers, Pa., to points in Kansas, vania, Rhode Island, Virginia, Vermont, Nebr. 68310. Authority sought to operate wumana, Arkansas, Oklahoma, and West Virginia, Tennessee, Georgia, South as a contract carrier, by motor vehicle, r>.v»vor 188 days. Supporting shipper: Carolina, and Kentucky, for 180 days. over irregular routes, transporting: r^fry-Mott Co., Inc., 370 Lexington Ave- Supporting shipper: Carolina Wood Pre­ Canned goods and processed foods, un­ [ue New York, N.Y. 10017. Send protests serving Co., Inc., Scotland Neck, N.C. frozen, from Muscatine, Iowa, to Lincoln, r ' tilas- C. Biggers, District Supervisor, 27874. Send protests to: Archie W. An­ Nebr., for the account of Schnieber Fine

FEDERAL REGISTER, VOL. 33, NO. 199— FRIDAY, OCTOBER IT, T968 No. 199------6 15236 NOTICES

Foods, Inc., for 150 days. Supporting the operating rights in certificate No. ience granted in Docket No. 82526 shipper: Schnieber Fine Foods, Inc., 810 MC-64828 issued June 8, 1966, as modi­ Folder 2, dated February 9, 1959, as South 26th Street, Lincoln, Nebr. 68510. fied by order entered May 10, 1968, to amended by Docket No. 82526, Folder Send protests to: District Supervisor Max Charles H. Waldron, doing business as No. 2, Am-A, dated January 30, 1961, isJ H. Johnston, Bureau of Operations, In­ Gartland Motor Lines, Poughkeepsie, sued by the Pennsylvania Public TJtilit^ terstate Commerce Commission, 315 Post N.Y., authorizing the transportation of Commission. William J. Lavelle, 2310 Office Building, Lincoln, Nebr. 68508. general commodities, with exceptions Grant Building, Pittsburgh, Pa. 152191 No. MC 133208 TA, filed October 3, between Poughkeepsie and Barrytown, attorney for applicants. 1968. Applicant: KAYLON T. HOWARD, N.Y., serving the intermediate points of No. MC-FC-70792. By order of Septem] Post Office Box 647, Twin Falls, Idaho Hyde Park, Staatsburg, and Rhinecliff, ber 30,1968, the Transfer Board approved 83301. Applicant’s representative: Ken­ N.Y.; and between Poughkeepsie and the transfer to Quillian Junior Cauthen] neth G. Bergquist, Post Office Box 1775, Garrison, N.Y., serving the intermediate doing business as Cauthen Gin and Bad Boise, Idaho 83701. Authority sought to points of New Hamburg, Chelsea, Bea­ Co., Monroe, N.C., of the certificate in No; operate as a contract carrier, by motor con, and Cold Springs, N.Y., and the off- MC-15242, issued May 2, 1968, to B & G vehicle, over irregular routes, transport­ route point of Peekskill, N.Y.; and pack­ Transport, Inc., St. Paul, N.C., authoriz­ ing: Steel pipe and steel well casing, be­ inghouse products, meats, meat products ing the transportation of: Peanuts, to­ tween points in Idaho, California, Ore­ and meat byproducts, dairy products, and bacco, fertilizer, fertilizer materials] gon, Washington, Nevada, Montana, W y­ articles distributed by meat packing­ agricultural implements, cotton yarns, oming, Colorado, Nebraska, Kansas, houses, from and to, and between points household goods, cotton, cotton seed; Oklahoma, Utah, Texas and port of entry as specified in New York. John M. Zach- cotton seed products, built-up wood, ply­ on the international boundary line, be­ ara, Post Office Box Z, Paterson, N.J. wood, veneer, insecticides, and kaolin tween the United States and Canada at 07509, representative for applicants. clay, from and to or between points as or near Raymond, Mont., for 180 days. No. MC-FC-70783. By order of Sep­ specified in Delaware, Georgia, Maryland, Supporting shipper: Southwest Pipe of tember 30, 1968, the Transfer Board ap­ New Jersey, New York, North Carolina^ Idaho, Inc., Post Office Box 1301, Twin proved the transfer to Dale E. Vainer, Pennsylvania, South Carolina, Tennes­ Falls, Idaho 83301. Send protests to: doing business as Weiner- Truck 'Line, see, Virginia, and the District of Colum­ C. W. Campbell, District Supervisor, In­ Humboldt, Kans., of certificate in No. bia. Vaughn S. Winborne, 1108 Capital terstate Commerce Commission, Bureau MC-9104, issued September 30, 1966, to Club Building, Raleigh, N.C. 27601, attor­ of Operations, 455 Federal Building and Joseph P. Weiner and Dale E. Weiner, ney for applicants. U.S. Courthouse, 550 West Fort Street, a partnership, doing business as Weiner No. MC-FC-70805. By order o f Sep­ Boise, Idaho 83702. Brothers Truck Line, Humboldt, Kans., tember 30, 1968, the Transfer B oard ap­ authorizing the transportation of: Gen­ proved the transfer to The Z. L. Travis By the Commission. eral commodities, with exceptions, from Co., a corporation, Steubenville, Ohio, of [ s e a l ] H . N e i l G a r s o n , Kansas City and North Kansas City, Mo., the certificate of registration in N o. MC- Secretary. and Kansas City, Kans., to Blue Mound, 121223 (Sub-No. 1) issued July 14, 1965, to Ft. Steuben Express Co., a corporation, [F .R . D oc. 68-12402; ‘Piled , O ct. 10, 1968; Kans., and points within 15 miles 8:47 a .m .] thereof; and, a wide variety of specified Steubenville, Ohio, evidencing a right to commodities from, to, or between, speci­ engage in transportation in interstate fied points in Kansas, Missouri, Iowa, and or foreign commerce corresponding in [Notice 225] Nebraska. Robert L. Briley, Post Office scope to the grant of authority in certifi­ cate No. 5100-1 dated February 2, 1962, MOTOR CARRIER TRANSFER Box 249, Chanute, Kans. 66720, attorney for applicants. issued by the Public Utilities Commission PROCEEDINGS No. MC-FC-70784. By order of Sep­ of Ohio. A. Charles Tell, 100 E a st Broad O ctober 8, 1968. tember 30, 1968, the Transfer Board ap­ Street, Columbus, Ohio 43215, attorney for applicants. Synopses of orders entered pursuant to proved the transfer to Ira Johns, Phenix No. MC-FC-70810. By order of Sep­ section 212(b) of the Interstate Com­ City, Ala., of permit in No. MC-109727 (Sub-iio. 1), issued October 18, 1948, to tember 30, 1968, the Transfer B oard ap­ merce Act, and rules arid regulations Perry Riley, Phenix City, Ala., Mail ad­ proved the transfer to Earl G. Oldham, prescribed thereunder (49 CFR Part dress, Post Office Box 1178, Columbus, 33 Fulkerson Circle, Liberty, M o. 64068, 1132), appear below: Ga. 31902; authorizing the transportation of the operating rights in certificates: As provided in the Commission’s spe­ of: Tile and clay products, between Phe­ Nos. MC-123299 (Sub-No. 1) an d MC^ cial rules of practice any interested per­ 123299 (Sub-No. 2) issued April 13,1962, son may file a petition seeking reconsid­ nix City, Ala., and points in Alabama and April 13, 1964, respectively to J. Hj eration of the following numbered pro­ within 10 miles of Phenix City, on the one hand, and, on the other, points in Oldham Concrete Co., a corporation. ceedings within 20 days from the date of Liberty, Mo. 64068, a u th o r iz in g the publication of this notice. Pursuant to Georgia. Richard Y. Bradley, Post Office transportation of rock s a lt (sodium section 17(8) of the Interstate Com­ Box 469, Columbus, Ga. 31902, attorney for transferee. chloride), in dump trucks a n d dump merce Act, the filing of such a petition No. MC-FC-70788. By order of Sep­ trailers, from points in W yandotte Coun­ will postpone the effective date of the tember 30, 1968, the Transfer Board ap­ ty, Kans., to points in 67 nam ed Missoun order in that proceeding pending its dis­ proved the transfer to Milo Express, Inc., counties, and rock salt (sodium chloride) position. The matters relied upon by pe­ Oakmont, Pa;, of certificate of registra­ and calcium chloride, in d u m p vehicles, titioners must be specified in their peti­ tion No. MC-121009 JSub-NoT 1), issued from points in Jackson C o u n ty , Mo., t^ points in 55 named counties in Kansas: tions with particularity. February 3, 1965, to Zigmund A. Milos, No. MC-FC-70035. By order of Sep­ doing business as Milos Motor Express, [ s e a l ] H . N e i l G a r s o n , Secretary, j tember 30, 1968, the Transfer Board, on Oakmont, Pa., authorizing transporta­ reconsideration, approved the transfer to tion in interstate or foreign commerce [F.R. Doc. 68-12403; Filed, Oct. 10, 1968; | Vincent J. Herzog, Honesdale, Pa., of pursuant to certificate of public conven­ 8:47 a.m .]

FEDERAL REGISTER, VO L. 3 3 , N O . 199— FRIDAY, OCTOBER 11, 1968 FEDERAL REGISTER 15237

CUMULATIVE LIST OF PARTS AFFECTED— OCTOBER 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 October.

3 CFR Pase 14 CFR . Page 21 CFR— Continued Page Proclamations: 39______14636, 305 ------14827 m2—------—— 14617 14777, 14778, 14861, 14943, 15200 306 ------14828 3873— ____ 14695 71— *------14701, 307— ----— ------14828 3874 ______— ______14859 14778, 14861, 14862, 15108, 15109 315— ------14836 3875 _ 1494175------14701 316------___ 14836 3876 ______l______15049 97______14862, 15001, 15051, 15201 319— ------14841 103______14876, 14935 Executive O r d e r s : 320— ------___ 14842, 14880 291______,__ 15212 March 8, 1920 (revoked in part P r o p o s e d R u l e s : P r o p o s e d R u l e s : by PLO 4529>______14882 46------15126 April 17,1926 (revoked in part 39______14887,15125, 15219 121— ------__------14647 by PLO 4529>—x_____— 14882 71—;______14647, 138_------15219 11431______— ______14697 14716, 14785, 14887, 15069, 15125, 15126. 23 CFR 5 CFR 73_____ ,______15126 217------_ i ______14636 151— ______14887 255— ---- 14964, 15065 2 1 3 --— — — — 14777, 14876 207— ______,______14888 P r o p o s e d R u l e s : 550— — ______15109 211____ 14717 225— ______15220 255------15028, 15029 7 CFR 241______14717 275_------14971 26______14619 288— — — ____ 14785 51_____ — ______14620 302_------14717, 14723 24 CFR 52 ...... ______15199 399______— ______14717 0______15114 101______14899 81______14779 220...... ______15107 15 CFR 221______14880, 15212 318______14621 1000______7— ______14642 ______14880 777..______14676 1500______1000______15158 _____._ 14953 850______._____ 14624 ¡855______14699 16 CFR 25 CFR 1864...... ___ __ 15013 Ch. I ______' 15067 1874______14876 13 ______15016-15020,15061-15065, 15110 131______14640 910______14943 15------14637, 15020, 15021, 15199, 15200 ‘948______15052 245— ------_-______15021 26 CFR 989______14777 P r o p o s e d R u l e s : l ______1062______14625, 15107 247______14648 14779 1071______15107 301______14779 1133______15108 17 CFR P r o p o s e d R u l e s 1427...... ______15015 230______14638 1______14707, 14709, 15027 1488______15052 P r o p o s e d R u l e s : Proposed R u l e s r 27 CFR 239 ____ 14652 362______15214 4______240 _____ 14652 15024 815______15027 249______14652 [ ’ 907______14710 28 CFR 908______14714 18 CFR 947______14970 45------____ 14780 959______15214 2------_!______14943 982...... 15125,15215 14 ------l______14943 31 CFR . 1004______15215 154______14638 257------14644, 15213 1009______14784, 15069 157______— ______14638 1036____ 14784, 15069 32 CFR 1104______14884 19 CFR 51— _____ 15213 „ 1108______I ______14886 4 ------15021 827a_____ 14953 8 CFR 5 ------_ _ „ 15022 870______14957 6 ------15022 103— 873___:___ 14957 15200 8------14958 907-_____ 14958 204— 152Q0 16— ______15111 238---T—II—HZ 15200 24------15022 33 CFR 9 CFR 21 CFR 117------15025 78— 14700 83____ 1111111"“ 1_------15023, 15113 15108 18------14640 36 CFR Proposed R u l e s : 120 ------14640, 15024 21______14641 318______15027 121 ------15113, 15114 P r o p o s e d R u l e s : 130------15023 7------— i______14710 12 CFR 144— ------15113 146------!______15023 Proposed R u l e s : 37 CFR 204______301 ------14818 14648 302 ------14819 P r o p o s e d R u l e s : 217___ 14648 303 ------14826 1 15218 15238 FEDERAL REGISTER

38 CFR Page 43 CFR— Continued page 47 CFR 0 14780 3530______15066 73------14703, 15067,15(d 81------1470 P u b l ic L and O r d e r s: 39 CFR 83------1470 3634 (revoked in part by PLO 85------1470 125______,______14780 4526)______14881 P ro po sed R u l e s : 916______15026 4210 (revoked in part by PLO 4524)______14880 73 ------14889, 15029,1506S 74 - 15072 41 CFR 4524 ______14880 8-2______14780 4525 ______14881 87------14724 8-3______14701 4526 ______14881 8-7______14701 4527 ______14881 49 CFR 8-8______14701 4528 ______14881 171 ------1492C 8-16______14702 4529 ______14882 172 ------14920 12-3______15112 4530 ______173 14883______14920 101-26______14958 4531 ______14883 174 ______*__ 14931 P ro po sed R u l e s : 4532 ______14883 175 ------1493! 50-201______14971 4533 ______14883 177 ______1493! 50-204______15028 4534 ______14959 178 ---- 14934 P roposed R u l e s : 1033______14706, 14959, 15120-1512S 42 CFR 1720______14709 P roposed R u l e s : 81______14645 2220______14784 1056______15031 1060______1497! P roposed R u l e s : 81______14886 46 CFR 31______5014703 CFR - 43 CFR 71______1470332______■;______— 14706 91______14703 1840__ :______15066 14781-14783, 14960-14963, 15122- 1850______15066 P ro po sed R u l e s : 15124. 2230______15066 536 15221 33 15124 V

government organization manna |g GOVERNMENT 1069

Presents essential information about Government agencies (updated and republished annually). Describes the creation and authority, organization, and functions of the agencies in the legislative, judicial, and executive branches. . This handbook is an indispensable reference tool for teachers, librarians, researchers, scholars, lawyers, and businessmen who need current official information about the U.S. Government. The United States Government Organization Manual is the official guide to the functions of the Federal Government. 00 2 per copy. Paperbound, with charts Order from Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402.