FEDERAL REGISTER VOLUME 31 • NUMBER 110
Wednesday, June 8, 1966 • Washington, D.C. Pages 8041-8108
Agencies in this issue— Agriculture Department Atomic Energy Commission Commerce Department Comptroller of the Currency Consumer and Marketing Service Customs Bureau Defense Supply Agency Federal Aviation Agency Federal Communications Commission Federal Maritime Commission Federal Power Commission Federal Reserve System Federal Trade Commission Fish and Wildlife Service Health, Education, and Welfare Department Housing and Urban Development Department Immigration and Naturalization Service Interagency Textile Administrative Committee Interior Department Interstate Commerce Commission Maritime Administration National Bureau of Standards Saint Lawrence Seaway Development Corporation Securities and Exchange Commission Treasury Department Veterans Administration Detailed list of Contents appears inside* How To Find U.S. Statutes and U.S. Code Citations
[Revised Edition—-1965]
This pamphlet contains typical legal cluded. 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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AGRICULTURE DEPARTMENT FEDERAL AVIATION AGENCY FEDERAL POWER COMMISSION See also Consumer and Marketing Rules and Regulations Notices Service. Airworthiness directives : Hearings, etc.: California Division of Forestry. 8096 Notices Lycoming 0-540-B2B5 engines. 8045 Pratt & Whitney Aircraft Wasp Idaho Power Co______8096 New Jersey; extension of designa Jr. and R^985 Series engines. 8046 Tenneco Oil Co., et al______8097 tion of area for emergency Alterations : loans. ______8082 Federal airways------8046 FEDERAL RESERVE SYSTEM Transition areas (2 documents) _ 8047 Rules and Regulations ATOMIC ENERGY COMMISSION High altitude reporting points and jet routes; designation and al Reserves of member banks; in- Notices teration______— 8047 stalment loans______8060 Puerto Rico Water Resources Au Standard instrument approach Notices thority; notice of proposed issu procedures; miscellaneous State Bank and Trust Co.; order ance of operating authorization amendments------— 8048 approving merger of banks.___ 8097 regarding boiling nuclear super Transition area; designation------8046 heater (BONUS) power sta- Proposed Rule Making FEDERAL TRADE COMMISSION tion______8092 Virginia Polytechnic Institute; no Assignment of identification num Rules and Regulations tice of proposed issuance of fa bers______8077 Prohibited trade practices: cility license amendment------8091 Conformity of products to their Berkley, Philip T., and Berk type designs.______— 8075 ley Associates______8058 Control zone and transition area; Heavy Construction Schools of COMMERCE DEPARTMENT proposed alteration______8077 Illinois, Inc., et al______8058 See also Maritime Administra Portland Terminal area; special LeRoy Knitted Sportswear, Inc., tion; National Bureau of Stand air traffic male______8078 et al______8058 ards. Transition area; proposed desig Leeds, Louis and Leeds Man nation ______8078 ufacturing______8059 Notices Peck and Peck..______i____ 8059 Organization and functions; FEDERAL COMMUNICATIONS Rorer, William H., Inc______8059 Maritime Administration_____ 8087 COMMISSION Universal Publishing & Distrib National Bureau of Standards_ 8083 uting Corp______;___ 8060 Organization units; procurement Rules and Regulations authority______8086 Radio broadcast services : FISH AND WILDLIFE SERVICE Minimum power authorized for Class IV stations______8067 Rules and Regulations COMPTROLLER OF THE Table of assignments : San Andres National Wildlife CURRENCY FM broadcast stations (2 docu Refuge, New Mexico; hunting_ 8065 ments) ______8069, 8071 Rules and Regulations Television broadcast stations (3 HEALTH, EDUCATION, AND Investment securities regulation; documents)______8070, 8072, 8073 WELFARE DEPARTMENT Federal National Mortgage As Proposed Rule Making sociation participation certifi Notices cates ______8060 Addition of UHF television broad Statement of organization and cast channels: delegation of authority___ i___ 8089 Bend, Oreg______8081 CONSUMER AND MARKETING Waynes ville, N.C______„_____ 8079 HOUSING AND URBAN SERVICE Orlando, Fla______8080 Television broadcast station, Dick DEVELOPMENT DEPARTMENT Rules and Regulations inson, N. Dak.; table of assign ments______8081 Notices Lemons grown in California and Regional Director of Administra Arizona; handling limitations._ 8045 Notices tion and Chief, Accounting Brown Broadcasting Co., Inc., and Branch, Administrative Divi CUSTOMS BUREAU Dixie Broadcasting Corp.; con sion, Region IV (Chicago); re- - struction permits______8093 delegation of authority to exe Notices cute legends on bonds, notes or Electric desk lamps; tariff classi FEDERAL MARITIME other obligations______8091 fication------8082 COMMISSION Notices IMMIGRATION AND DEFENSE SUPPLY AGENCY Diaz-Wandembergh; order to NATURALIZATION SERVICE Rules and Regulations show cause why license should Rules and Regulations not be suspended or revoked 8095 Investigating and processing cer Hunter, John H., & Son, Inc., et al.; Documentary requirements; mis tain non-contractual rfa im « independent ocean freight for cellaneous amendments______8045 and reporting related litigation. 8061 warder applications______8095 (Continued on next page) 8043 8044 CONTENTS
INTERAGENCY TEXTILE JUSTICE DEPARTMENT SAINT LAWRENCE SEAWAY ADMINISTRATIVE COMMITTEE See Immigration and Naturaliza DEVELOPMENT CORPORATION Notices tion Service. Rules and Regulations Certain cotton textile products produced or manufactured in MARITIME ADMINISTRATION Seaway regulations and rules; Poland; limitation on entry and Rules and Regulations miscellaneous amendments___ 8062 withdrawal from warehouse for Procedures relating to review by consumption______8098 the Under Secretary of Com SECURITIES AND EXCHANGE merce for Transportation of COMMISSION INTERIOR DEPARTMENT actions by the Maritime Sub See also Pish and Wildlife Service. sidy Board______8065 Notices Notices Hearings, etc.: McGraw, E. Clyde; statement of NATIONAL BUREAU OF Allegheny & Western Rail changes in financial interests 8082 STANDARDS way Co______8098 Kj0benhavns Telefon Aktie- Notices selskab______8099 INTERSTATE COMMERCE 5 1 st National Conference on Pennzoil Co______8099 COMMISSION Weights and Measures; an United Security Life Insur Rules and Regulations nouncement______8082 ance Co______8100 Car service; distribution of box cars ______8064 TREASURY DEPARTMENT Notices See also Comptroller of the Cur Fourth section applications for rency; Customs Bureau. relief______8105 Notices Maximum hours of service of motor carrier employees______8100 United Bonding Insurance Co.; Motor carrier: extension of authority to qualify Alternate route deviation no as surety on Federal bonds____ 8082 tices______8100 Applications and certain other VETERANS ADMINISTRATION proceedings (2 documents)_8101, 8104 Rules and Regulations Intrastate applications______8105 Veterans Administration ceme Transfer proceedings______8106 teries; interment______8064
List of CFR Parts Affected (Codification Guide)
The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulative list of parts affected, covering the current month to date appears at the end of each issue beginning with the second issue of the month. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published sin ;e January 1, 1966, and specifies how they are affected.
7 CFR 47______. —_ ___ 8077 33 CFR 910------8045 71 (2 documents)______8077,8078 93______8078 401______8 CFR 16 CFR 38 CFR 212------8045 13 (7 documents)___ L____ 8058-8060 17______214------8045 236------8045 32 CFR 46 CFR 1250 ______. 202______12 CFR — _____ 8061 ------8065 1------8060 47 CFR 204------8060 73 (6 documents)___— 8067,8069-8073 Proposed Rules: 14 CFR 73 (4 documents) ------8079-8081 39 (2 documents)______8045, 8046 71 (5 documents)______8046,8047 49 CFR 75------8047 95______97— .------_____------8048 P roposed R ules: 50 CFR 21------8075 32______8045 Rules and Regulations
Procedure Act (60 Stat. 238; 5 U.S.C. Title 7— AGRICULTURE 1003) as to notice of proposed rule mak Title 8— ALIENS AND ing and delayed effective date is unneces Chapter IX-—Consumer and Market sary in this instance because the rules ing Service (Marketing Agreements NATIONALITY prescribed by the order relate to agency and Orders; Fruits, Vegetables, Chapter I— Immigration and Nat procedure with the exception of the Nuts), Department of Agriculture amendment to § 214.2(c)(1) which is uralization Service, Department of clarifying in nature. [Lemon Beg. 216, Amdt. 1] Justice Dated: June 2,1966. PART 212— DOCUM ENTARY RE PART 910— LEMONS GROWN IN R aymond F. F arrell, CALIFORNIA AND ARIZONA QUIREMENTS: NONIMMIGRANTS; Commissioner of WAIVERS; ADMISSION OF CER Immigration and Naturalization. Limitation of Handling TAIN INADMISSIBLE ALIENS; PA [F.R. Doc. 66-6267; Filed, June 7, 1966; Findings. (1) Pursuant to the mar ROLE 8:47 am.] keting agreement, as amended, and PART 214— NONIMMIGRANT Order No. 910, as amended (7 CFR Part 910), regulating the handling of lemons CLASSES grown in California and Arizona, effec PART 236— EXCLUSION OF ALIENS Title 14— AERONAUTICS AND tive under the applicable provisions of the Agricultural Marketing Agreement Miscellaneous Amendments SPACE Act of 1937, as amended (7 U.S.C. 601- The following amendments to Chapter Chapter I— Federal Aviation Agency 674), and upon the basis of the recom I of Title 8 of the Code of Federal Regu mendation and information submitted by lations are hereby prescribed: SUBCHAPTER C— AIRCRAFT the Lemon Administrative Committee, 1. The third sentence of paragraph (b) [Docket No. 7192; Amdt. 39-248] established under the said amended mar Application of § 212.6 Nonresident alien keting agreement and order, and upon border crossing cards is amended to read other available information, it is hereby PART 39— AIRWORTHINESS as follows: “A citizen of Mexico shall ap DIRECTIVES found that the limitation of handling of ply on Form 1-190 for a nonresident such lemons, as hereinafter provided, alien border crossing card, supporting Lycoming 0—540—B2B5 Engines will tend to effectuate the declared policy his application with evidence of Mexi of the act. can citizenship and residence, a valid A proposal to amend Part 39 of the (2) It is hereby further found that it unexpired passport or a valid Mexican Federal Aviation Regulations to include is impracticable and contrary to the an airworthiness directive requiring re public interest to give preliminary notice, Form 13, and one photograph, size IV2" x l^s".” placement of the crankshaft idler shafts engage in public rule-making procedure, 2. The first sentence of subparagraph and accessory housing on Lycoming and postpone the effective date of this (1) Without visas oL paragraph (c) 0-540-B2B5 engines was published in 31 amendment until 30 days after publica Transits of § 214.2 Special requirements F.R.4520. tion hereof in the F ederal R egister (5 for admission, extension, and mainte Interested persons have been afforded U.S.C. 1001-1011) because the time inter nance of status is amended to read as an opportunity to participate in the mak vening between the date when informa follows : “Any alien may apply for imme ing of the amendment. There was a tion upon which this amendment is based diate and continuous transit through comment that the compliance time of became available and the time when this the United States, except a citizen of the paragraph (a) was confusing. The for amendment must become effective in Union of Soviet Socialist Republics, mat of the AD has been revised to clarify order to effectuate the declared policy of Estonia, Latvia, Lithuania, Poland, the compliance times. the act is insufficient, and this amend Czechoslovakia, Hungary, Rumania, Bul In consideration of the foregoing, and ment relieves restriction on the handling garia, Albania, Cuba, Communist-con pursuant to the authority delegated to of lemons grown in California and me by the Administrator (25 F.R. 6489), Arizona. trolled China (“Chinese People’s Repub lic”), North Korea (“Democratic Peo § 39.13 of Part 39 of the Federal Avia Order, as mended. The provisions in ple’s Republic of Korea”), the Soviet tion Regulations is amended by adding paragraph (b) (1) (ii) of §910.516 Zone of Germany (“German Democratic the following new airworthiness direc (Lemon Regulation 216, 31 F.R. 7673) tive: are hereby amended to read as follows: Republic”), North Viet-Nam (“Demo cratic Republic of Viêt-Nam”),, and L ycom in g . Applies to Model 0-540-B2B5 § 910.516 Lemon Regulation 216. Outer Mongolia (“Mongolian People’s engines, Serial Numbers 101-40 through Republic”) , resident in one of the coun 8267-40, installed in Piper PA-25 and ***** tries named.” Intermountain Manufacturing Company (b) Order. (1) * * * 3. The second sentence of paragraph airplanes, except engines remanufac (ii) District 2 : 325,500 cartons. tured at Lycoming after November 14, (a) Contents of § 236.3 Decision of the 1965. ***** special inquiry officer; notice to the ap Compliance required as indicated, unless (Secs. 1- 19, 48 Stat. 31, as amended: 7 U.S.O. plicant is amended to read as follows: already accomplished. 601-674) “It shall include a discussion of the evi To prevent further failures of crankshaft dence and findings as to excludability; idler shafts, accomplish the following: Dated: June 3, 1966. the formal enumeration of findings is not (a) For engines with less than 300 hours’ required.” time in service on the effective date of this P aul A. N icholson, AD since overhaul, comply with paragraph Deputy Director, Fruit and Veg (Sec. 103, 66 Stat. 173; 8 U.S.C. 1103) (d) before the accumulation of 400 hours’ etable Division, Consumer and time in service since overhaul. Marketing Service. This order shall be effective on the (b) For engines with less than 300 hours’ date of its publication in the F ederal time in service on the effective date of this [F.R. Doc. 66-6273; Filed, June 7, 1966; R egister. Compliance with the provi AD since new that have never been over 8:48 a.m.] sions of section 4 of the Administrative hauled, comply with paragraph (d) before
FEDERAL REGISTER, VOL. 31, NO. 110— WEDNESDAY, JUNE 8, 1966 8046 RULES AND REGULATIONS the accumulation of 400 hours’ time in serv SUBCHAPTER E— AIRSPACE In consideration of the foregoing, Part ice since new. 71 of the Federal Aviation Regulations (c) For engines with 300 or more hours’ [Airspace Docket No. 66-SO-5] time in service on the effective date of this is amended, effective 0001 e.s.t., August AD since new or overhaul, comply with para PART 71— designation o f f e d er a l 18, 1966, as hereinafter set forth. graph (d) within the next 100 hours’ time AIRWAYS, CONTROLLED AIRSPACE, Section 71.123 (31 F.R. 2009, 3230, in service. AND REPORTING POINTS 3231, 4839, 5055, 6484) is amended as (d) Replace crankshaft idler shaft, P/N follows: 70390, and accessory housing, P/_N 71648, Designation of Transition Area 1. In V-5 all between “Chattanooga with crankshaft idler shaft, P/N 73014, and On March 23, 1966, F.R. Doc. No. 66- 152° radials;” and “12 AGL Bowling accessory housing, P/N 75367 or 71648-85.- Green, Ky.;” is deleted and “12 AGL • (Lycoming Service Bulletin No. 308 per 3047 was published in the F ederal R eg tains to this subject.) ister (31 F.R. 4839) amending Part 71 Nashville, Tenn., including a 12 AGL E of the Federal Aviation Regulations. In alternate via INT Chattanooga 332° and This amendment becomes effective the amendment the Winder, Ga., Nashville 117® radials;” is substituted July 9,1966. transition area extension was de therefor. (Secs. 313(a), 601, 603, Federal Aviation Act scribed as “* * * within 2 miles each 2. In V-7 “Muscle Shoals, Ala,, includ of 1958 (49 U.S.C. 1354(a), 1421, 1423)) side of the Athens, Ga., VORTAC 278° ing an E alternate via INT of Birming radial * * *.” Subsequent to the pub ham 358° and Muscle Shoals 122° radials Issued in Washington, D.C., on June 2, lication of the rule, it was determined and also a W alternate via INT Birming 1966. that the transition area extension ham 313° and Muscle Shoals 178° radials; C. W. W alker, should have been described as “* * * Graham, Tenn.; Nashville, Tenn.;” is de Director, Flight Standards Service. within 2 miles each side of the Athens, leted and “12 AGL Muscle Shoals, Ala., [F.R. Doc. 66-6280; Filed, June 7, 1966; Ga., VORTAC 277° radial * * *.” including a 12 AGL E alternate via INT 8:48 a.m.] Since this amendment is minor in of Birmingham 358° and Muscle Shoals nature and imposes no additional burden 122° radials and also a 12 AGL W alter on any person, notice and public proce nate via INT Birmingham 313® and Mus (Docket No. 1115; Arndt. 39-247] dure hereon are unnecessary. cle Shoals 178° radials; 12 AGL Graham, PART 39-—AIRWORTHINESS In consideration of the foregoing, ef Tenn.; 12 AGL Nashville, Tenn.;” is sub stituted therefor. DIRECTIVES fective immediately, F.R. Doc. No. 66- 3047 is amended as follows:..... 3. In V-9 all between “via Picayune, Pratt & Whitney Aircraft Wasp Jr. and In the fourth line of the Winder, Ga., Miss.;” and “12 AGL Farmington, Mo.;” R—985 Series Engines transition area description “* * * within is deleted and “12 AGL Jackson, Miss., 2 miles each side of the Athens, Ga., including a 12 AGL E alternate and also A proposal to amend Part 39 of the VORTAC 278° radial * * *” is deleted a 12 AGL W alternate via INT McComb Federal Aviation Regulations by super and “* * * within 2 miles each side of the 348° and Jackson 199° radials; 12 AGL seding Amendment 436 (27 F.R. 4552), Athens, Ga., VORTAC 277° radial * * *” Greenwood, Miss., including a 12 AGL E AD 62-11-5, with a new directive requir is substituted therefor. alternate and also a 12 AGL W alternate; ing replacement of 6-rivet and 12-rivet (Sec. 307(a), Federal Aviation Act of 1958; 12 AGL Memphis, Tenn., including a 12 cam reduction drive gear assemblies with 49 U.S.C. 1348(a)) AGL E alternate and also a 12 AGL W a one-piece cam reduction gear on Pratt alternate; 12 AGL Malden, Mo., includ & Whitney Aircraft Wasp Jr. and R-985 Issüed in East Point, Ga., on May 31, ing a 12 AGL W alternate;” is substituted Series engines was published in 31 F.R. 1966. therefor. 5665. W illiam M. F lener, 4. In V-ll all before “12 AGL INT Interested persons have been afforded Acting Director, Southern Region. Paducah 039°” is deleted and “From Mo an opportunity to participate in the [F.R. Doc. 66-6243; Filed, June 7, 1966; bile, Ala., 12 AGL Green County, Miss.; making of the amendment. No objec 8:45 ajn.] 12 AGL Laurel, Miss.; 12 AGL Jackson, tions were received. Miss. From Memphis, Term., 12 AGL In consideration of the foregoing, and Dyersburg, Tenn., including a 12 AGL pursuant to the authority delegated to [Airspace Docket No. 65-SO-91] W alternate via INT Memphis 346° and me by the Administrator (25 F.R. 6489), Dyersburg 235° radials; 12 AGL Paducah, § 39.13 of Part 39 of the Federal Avia PART 71— DESIGNATION OF FED Ky., including a 12 AGL E alternate from tion Regulations is amended by adding ERAL AIRWAYS, CONTROLLED AIR Memphis to Paducah via INT Memphis the following new airworthiness direc SPACE, AND REPORTING POINTS 063°' and Holly Springs, Miss., 028° ra tive: dials and INT Holly Springs 028° and Alteration of Federal Airways P ratt & W h it n e y . Applies to Pratt & Whit Paducah 179® radials;” is substituted ney Aircraft Wasp Jr. and R-985 Series On March 5,1966, a notice of proposed therefor. engines. rule making was published in the F ed 5. In V-16 all between “12 AGL Mem Compliance required at the next engine phis, Tenn., including a 12 AGL S alter overhaul after the effective date of this AD eral R egister (31 F.R. 3468) stating that unless already accomplished. the Federal Aviation Agency was con nate;” and “Knoxville, Tenn.,” is de To prevent failure of the cam reduction sidering amendments to Part 71 of the leted and “12 AGL Jacks Creek, Tenn.; drive gear assembly and resultant loss of Federal Aviation Regulations that would 12 AGL Graham, Tenn., including a 12 engine power, replace cam reduction drive raise the floors of airway segments in AGL S alternate from Memphis to Gra gear assembly, P/N 3965, with cam reduction the Memphis, Tenn., flight advisory area. ham via INT Memphis 078° and Graham drive gear, P/N 331098. Interested persons were afforded an 238® radials; 12 AGL Nashville, Tenn., (Pratt & Whitney Aircraft Service Bulletin opportunity to participate in the rule including a 12 AGL N alternate from No. 1671, Supplement No. 1, Revision A, re making through submission of com Jacks Creek to Nashville via INT Jacks vised November 24, 1959, pertains to this ments. Due consideration was given to Creek 044° and Nashville 284° radials; subject.) all comments received. 12 AGL Crossville, Tenn., including a 12 This supersedes Amendment 436 (27 F.R. AGL S alternate and also a 12 AGL N 4552), AD 62-11-5. The Air Transport Association of America objected to the loss of cardinal alternate via INT Nashville 081° and This amendment becomes effective altitudes on some airway segments which Crossville 301° radials;” is substituted July 9,1966. would result from the actions proposed therefor. (Secs. 313(a), 601, 603, Federal Aviation Act in the Notice. The Agency has agreed 6. In V-18 all between “12 AGL Jack- of 1958 (49 U.S.C. 1354(a), 1421,1423) ) to preserve cardinal altitudes wherever son, Miss., including a 12 AGL N alter possible. No other comments were nate and also a 12 AGL W alternate;” Issued in Washington, D.C., on June 2, received. and “Birmingham, Ala.;” is deleted and 1966. The descriptions of the alignments of “12 AGL Meridian, Miss., including a 12 C. W. W alker, V-7, V-54 and V-57 have been revised to AGL N alternate and also a 12 AGL S Director, Flight Standards Service. reflect amendments promulgated in Air alternate via INT Jackson 134° and Me [F.R. Doc. 66-6281; Filed, June 7, 1966; space Docket No. 65-SO-28, which will ridian 262® radials; 12 AGL Tuscaloosa, 8:48 a.m.] be effective July 21, 1966. Ala.;” is substituted therefor.
FEDERAL REGISTER, VOL. 31, NO. 110— WEDNESDAY, JUNE 8, 1966 RULES AND REGULATIONS 8047
7. In V-54 all between “12 AGL Mem [Airspace Docket No. 66-EA-8] Amend § 71.181 of Part 71 of the Fed phis, Term., including a 12 AGL N alter eral Aviation Regulations so as to delete nate;” and “Harris, Ga.;” is deleted and PART 71— DESIGNATION OF FED in the description of the Youngstown, “12 AGL Muscle Shoals, Ala., including ERAL AIRWAYS, CONTROLLED AIR Ohio, 1,200-foot floor transition area the a 12 AGL N alternate via INT Memphis SPACE, AND REPORTING POINTS phrase, “to the Fitzgerald, Pa. VOR” and 078° and Muscle Shoals 293° radials and insert in lieu thereof the coordinates “to also a 12 AGL S alternate via Holly Alteration of Transition Area Latitude 41°21'12" N, Longitude 79°09'- Springs, Miss., and INT Holly Springs 05" W.” 099° and Muscle Shoals 255° radials; 12 On page 5498 of the F ederal R egister for April 7, 1966, the Federal Aviation (Sec. 307(a), Federal Aviation Act of 1958 AGL Huntsville, Ala., including a 12 AGL (72 Stat. 749; 49 U.S.C. 1348)) N alternate via INT Muscle Shoals 067° Agency published proposed regulations and Huntsville 282° radials; 12 AGL which would alter the State College, Pa., Issued in Jamaica, N.Y., on May 13, Chattanooga, Tenn., including a 12 AGL transition area. 1966. N alternate and also a 12 AGL S alter Interested parties were given 30 days Wayne H endershot, nate via INT Huntsville 097° and Chatta after publication in which to submit Deputy Director, Eastern Region. nooga 229° radials;” is substituted written data or views. No objections to [F.R. Doc. 66-6246; FUed, June 7, 1966; therefor. the proposed regulations have been 8:45 a.m.] 8. In V-57 all before “From Lexington, received. Ky.,” is deleted and “From Birmingham, In view of the foregoing, the proposed [Airspace Docket No. 66-W E-ll] Ala., 12 AGL Decatur, Ala., including a regulations are hereby adopted effective 12 AGL E alternate via INT Birmingham 0001 e.s.t„ July 21, 1966. PART 71— DESIGNATION OF FEDERAL AIRWAYS, CONTROLLED AIRSPACE, 013° and Decatur 130° radials; 12 AGL (Sec. 307(a), Federal Aviation Act of 1958 Graham, Tenn.; 12 AGL Bowling Green, (72 Stat. 749; 49 U.S.C. 1348')) AND REPORTING POINTS Ky.” is substituted therefor. 9. In V-154 all before “Selma, Ala.;” is Issued in Jamaica, N.Y., on May 16, PART 75— ESTABLISHMENT OF JET deleted and “From Meridian, Miss., 12 1966. ROUTES AGL Kewanee, Miss.;” is substituted W ayne H endershot, therefor. Deputy Director, Eastern Region. Designation of High Altitude Re 10. V-176 is amended to read as fol porting Points and Alteration of lows: Amend § 71.181 of Part 71 of the Fed Jet Routes eral Aviation Regulations so as to delete V-176 From Memphis, Tenn., 12 AGL the description of State College, Pa., On April 13, 1966, a notice of proposed Holly,Springs, Miss.; 12 AGL Hamilton, Ala., transition area and insert in lieu thereof rule making was published in the F ed including a 12 AGL S altematé from Mem eral R egister (31 F.R. 5710) stating that phis to Hamilton via INT Memphis 136° and the following: Hamilton 273° radials; 12 AGL INT Hamilton the Federal Aviation Agency (FAA) was That airspace extending upward from 700 considering realignment of Jet Routes 122° and Birmingham, Ala., 298° radials; 12 feet above the surface within a 5-mile radius AGL Birmingham, including a 12 AGL N al of the center, 40°51'05" N., 77°51'00" W., of Nos. 60, 84, and 94 and designation of ternate from HoUy Springs to Birmingham University Park Airport, State College, Pa.; Wilson Creek, Nev., Meeker, Colo., and via INT Holly Springs 099° and Birmingham within a 5-mlle radius of the center 40°46'15" Sidney, Nebr., as high altitude reporting 313° radials. N., 77° 52'50" W., of State College Air Depot points. 11. In V-191 all before “12 AGL Farm Airport, State College, Pa., and within 2 Interested persons were afforded an ington, Mo.;” is deleted and “From Mem miles each side of the State College Air Depot opportunity to participate in the rule Airport Runway 22 centerline extended from making through submission of com phis, Tenn., 12 AGL Walnut Ridge, Ark.;” the State College Air Depot Airport 5-mile is substituted therefor. radius area to 10 miles southwest of the end ments. All comments received were 12. In V-194 “to Meridian, Miss.” is of the runway, excluding that portion that favorable. deleted and “12 AGL Meridian, Miss.” is coincides with the Philipsburg, Pa., transi In consideration of the foregoing, Parts substituted therefor. tion area. 71 and 75 of the Federal Aviation Regula 13. V-209 is amended to read as fol tions are amended, effective 0001 e.s.t., lows: [F.R. Doc. 66-6245; Filed, June 7, 1966; July 21, 1966, as hereinafter set forth. 8:45 a.m.] 1. Section 75.100 (31 F.R. 2346) is V-209 From Mobile, Ala., 12 AGL INT amended as follows: Mobile 356° and Hattiesburg, Miss., 080° ra dials; 10 mi. 12 AGL; 6 mi. wide 12 AGL Ke [Airspace Docket No. 66-EA-43] a. In Jet Route No. 60 “Wolbach” is wanee, Miss.; 7 ml. wide (4 mi. on N, 3 mi. on deleted and “Omaha” is substituted S and within 4.5° of centerline) 12 AGL PART 71— DESIGNATION OF FED therefor. Brookwood, Ala.; 12 AGL Birmingham, Ala. ERAL AIRWAYS, CONTROLLED AIR b. In Jet Route No. 84 all before “Wol bach, Nebr.;” is deleted and “From Oak 14. In V-222 “Hattiesburg, Miss.;” is SPACE, AND REPORTING POINTS land, Calif.; via Stockton, Calif.; Coal- deleted and “12 AGL Hattiesburg, Miss.;” Alteration of Transition Area dale, Nev.; Wilson Creek, Nev.; Meeker, is substituted therefor. Colo.; Sidney, Nebr.;” is substituted 15. In V-278 “Columbus, Miss.;” is de The Federal Aviation Agency is amend therefor. leted and “12 AGL Columbus, Miss.;” is ing § 71.181 of Part 71 of the Federal c. In Jet Route No. 94 “Sacramento” substituted therefor. v Aviation Regulations so as to alter tfie is deleted and “Stockton” is substituted 16. In V-455 all after “Hattiesburg Youngstown, Ohio (31 F.R. 2275), 1,206- therefor. 221° radials;” is deleted and “6 mi. wide, foot floor transition area. 12 AGL Meridian, including a 12 AGL W 2. Section 71.207 (31 F.R. 2284) is alternate via INT Hattiesburg 010° and Due to the decommissioning of the amended by adding the following: Meridian 230° radials.” is substituted Fitzgerald VOR it will be necessary to a. Wilson Creek, Nev. therefor. substitute therefor geographic coordi b. Meeker, Colo. nates of the VOR site. c. Sidney, Nebr. (Sec. 307(a), Federal Aviation Act of 1958 Since this amendment is minor in (49 U.S.C. 1348) ) (Sec. 307(a), Federal Aviation Act of 1958 nature, notice and public procedure (49 UJS.C. 1348)) Issued in Washington, D.C., on June hereon are unnecessary and the amend Issued in Washington, D.C., on June 1,1966. ment may be made effective upon 1, 1966. H. B. H elstrom, publication. H. B. H elstrom, Chief, Airspace and Air In view of the foregoing, the amend Chief, Airspace and Traffic Rules Division. ment is hereby adopted effective upon Air Traffic Rules Division. [F.R. Doc. 66-6244; Filed, June 7, 1966; publication in the F ederal R egister as [FU. Doc. 66-6247; Filed, June 7, 1966; 8:45 am .] follows: 8:46 a.m.]
FEDERAL REGISTER, VOL. 31, NO. 110— WEDNESDAY, JUNE 8, 1966 8048 RULES AND REGULATIONS
SUBCHAPTER F—-AIR TRAFFIC AND GENERAL OPERATING RULES [Beg. Docket No. 7333; Amdt. 480] . PART 97— STANDARD INSTRUMENT APPROACH PROCEDURES Miscellaneous Amendments The amendments to the standard Instrument approach procedures contained herein are adopted to become effective when indicated in order to promote safety. The amended procedures supersede the existing procedures of the same classifi cation 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 CFR Part 97) is amended as follows; 1. By amending the following automatic direction finding procedures prescribed in § 97.11(b) to read; ADF Standard I nstrument Approach P rocedure Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles. If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator of the Federal Aviation Agency. Initial approaches shall be made over specified routes. Minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.
Transition Ceiling and visibility minimum«
2-engine or less Minimum More than From— To— Course and altitude Condition 2-engine, distance (feet) 65 knots More than more than or less 65 knots 65 knots
T-dn...... 300-1 300-1 200-)4 C-dn______600-1 500-1 600-1)4 S-dn-12______500-1 500-1 500-1 A-dn______NA NA NA
Radar available. Procedure turn S side of crs, 298° Outbnd, 118s Inbnd, 2400' within 10 miles. Minimum altitude over facility on final approach crs, 1500'. Crs and distance, facility to airport, 118°—3.1 miles. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 3.1 miles after passing RBn, make left, 180* climbing turn to 2400' and return to AID RBn. N ote: No weather available. Obtain Indianapolis altimeter setting. Other change: Deletes transitions. MSA within 25 miles of facility: 000°-360°—2500'. City, Anderson; State, Ind.; Airport name, Anderson Municipal; Elev., 913'; Fac. Class., MHW; Ident., AID; Procedure No. 1, Amdt. 3; Eff. date, 4 June 66; Sup. Amdt. No. 2; Dated, 14 Mar. 66
ANB VOR...... -...... — ...... Direct 2700 T -d ______300-1 300-1 300-1 T-n 500-1M 500-1)4 500-1)4 C-d...... 1000-1)4 1000-1)4 1000-1)4 C-n...... 1000-2 1000-2 1000-2 S-d-5#...... 800-1)4 800-1)4 800-1)4 S-n-5#...... 800-2 800-2 800-2 A-dn______1000-2 1000-2 1000-2
Procedure turn N side of crs, 230* Outbnd, 050* Inbnd, 2700' within 5 miles of Munford Int (nonstandard due obstruction). Minimum altitude over Munford Int on final approach crs, 2000'. Crs and distance, Munford Int to airport, 050*—5 miles. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 5 miles after passing Munford Int, or 0 mile after passing ANY RBn, climb immediately to 4000' eastbound on R 082* of ANB VOR within 20 miles. Caution: Circling approaches, avoid area N, NW, and SE of airport due high terrain. N ote: This procedure authorized only for aircraft having an operating VOR receiver in addition to an operating ADF receiver and Munford Int is identified. #Reduction not authorized, MSA within 25 miles of facility: 000"-090°—3200'; 090“-180°—4000'; 180*-270*—4000'; 270*-360*—2800'. City, Anniston; State, Ala.; Airport name, Anniston Municipal; Elev., 611'; Fac. Class., BMH; Ident., ANB; Procedure No. 1, Amdt. 3; Eff. date, 4 June 66; Sup. Amdt. No. 2; Dated, 8 May 65
RHM VORTAC______LOM ______2800 300-1 300-1 •20044 LOM 2800 C-dn 800-1 900-1 900-1)4 LOM ...... _ 2800 S-dn-K* 600-1 600-1 600-1 LOM (final) . 2000 1000-2 1000-2 1000-2
Radar available. Procedure turn N side of crs, 232° Outbnd, 052° Inbnd, 2500' within 10 miles. Minimum altitude over facility on final approach crs, 2000'. Crs and distance, facility to airport, 052°—4.5 miles. If visual contact not «established upon descent to authorized landing minimum» or if landing not accomplished within 4.5 miles after passing LOM, climb to 3000' on crs of 052° within 15 miles, or when directed by ATC, turn left, climb to 3000' and proceed to BHM VORTAC. N ote: VASI Runway 23. •Runways 5 and 23 only. ¿Reduction not authorized. MSA within 25 miles of facility: 000°-360°—2900'. City, Birmingham; State, Ala.; Airport name. Municipal; Elev., 643'; Fac. Class., LOM; Ident., BH; Procedure No. 1, Amdt. 17; Eff. date, 4 June 66; Sup. Amdt. No. 16; Dated. 10 July 65
FEDERAL REGISTER, VOL. 31, NO. 110— WEDNESDAY, JUNE 8, 1966 RULES AND REGULATIONS 8049
ADF Standard I nstrument Approach P rocedure— Continued
Transition Ceiling and visibility minimums
2-engine or less More than Course and Minimum From— To— altitude Condition 2-engine, distance (feet) 65 knots More than more than or less 65 knots 65 knots b h m ym ^TA fi ROE RB n______Direct______2800 T-dn...... 300-1 300-1 *200-)4 ROE RB n______Direct______2800 C-dn....._____ 900-1 900-1 900-1^ ROE RB n______Direct...... —...... 2800 S-dn-23#...... 900-1 900-1 900-1 ROE RB n______Direct______2800 A-dn______1000-2 1000-2 1000-2 ROE R B n ...... ______Direct______2800 If aircraft is equipped with dual ADF and crs guidance ROE RBn (final)______Direct______1900 is provided by receiving ROE RBn and LMM oi LOM simultaneously, following minimums apply: S-dn-23#...... 700-1 700-1 700-1
Procedure turn N side of crs, 052° Outbnd, 232° Inbnd, 2800' within 10 miles. Minimum altitude over facility on final approach crs, 1900'. Crs and distance, facility to airport, 232°—4.4 miles. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 4.4 miles after passing ROE RBn, climb to 3000' on crs, 232° within 20 mfleSj N ote: VASI Runway 23. Caution: Tower, 1375'—1,6 miles S of final approach crs. •Runways 5 and 23 only. ¿Reduction not authorized. MSA within 25 miles of facility: 000°-360°—2900'. City,-Birmingham; State, Ala.; Airport name, Municipal; Elev., 643'; Fac. Class., MHW; Ident., ROE; Procedure No. 2, Arndt. 4; Eft. date, 4 June 66; Sup. Arndt. No.3; Dated, 10 July 65
HOTT VOR AAP...... 1800 300-1 300-1 200-H AAP 1800 600-1 600-1 600-1& AAP ...... _ 2500 A-dn NA NA NA AAP 1600 AAP______...... Direct 1700
Radar available. Procedure turn W side of crs, 344° Outbnd, 164° Inbnd, 1600' within 10 miles. Minimum altitude over facility on final approach crs, 800'. Crs and distance, facility to airport, 165°—Oli mile. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 0.4 mile after passing AAP RBn, turn right, climb to 2000' on crs of 270° from the AAP RBn within 10 miles. N otes: No weather service. Unicom 24 hours 122.8 and 122.1.p*Procedure not authorized for air carrier. Runways 50 feet wide. Private facility approved for public use. Other change: Deletes transition from Houston RBn to AAP. MSA within 25 miles of facility: 000°-090°—1800'; 090°-180°—2600'; 180o-270°—1500'; 270°-360°—1600'. City, Houston; State, Tex.; Airport name, Andrau Airport; Elev., SO7; Fac. Class., MHW; Ident., AAP; Procedure No. 1, Arndt. 8; Efl. date, 4 June 66; Sup. Arndt. No. 7; Dated, 3 July 65
HOU V O R .. LOM...... Direct. 2000 T -dn_ 300-1 300-1 200-J^ Fairbanks Int. LOM____ _ Direct. 2000 C-dn.. 400-1 500-1 600-1)4 Areola Int___ LOM (fined) Direct. 2000 S-dn-3. 400-1 400-1 400-1 •1300 A-dn... 800-2 800-2 800-2
Radar available. Procedure turn S side of crs, 216° Outbnd, 036° Inbnd, 2000' within 10 miles. Minimum altitude over LOM on final approach crs, 1300'. Crs and distance, facility to airport, 036°—4.2 miles. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 4.2 miles after passing LOM, climb to 1600' on 036° bearing from LOM within 20 miles. Caution: 1549' tower, approximately 8.5 miles W of LOM; 1235' tower, approximately 9 miles SE of LOM. Other change: Deletes transition Houston RBn to LOM. •Descent below 2000' not authorized until established on final approach crs. MSA within 25 miles of facility: 000°-090°—1600': 090°-180°—2300’: 180°-270°—2600'; 270°-360°—1800'. City, Houston; State, Tex.; Airport name, William P. Hobby; Elev., 48'; Fac. Class., LOM; Ident., HO; Procedure No. 1, Arndt. 24; Efl. date, 4 June 66; Sup. Arndt. No 23; Dated, 17 Apr. 65
Monument Int______PDA RBn (final)...... 1100 T-dn... 300-1 300-1 2 00-H La Porte Int...... PDA RBn...... 1600 C -dn... 400-1 500-1 600-1)4 Fairbanks Int______PDA RBn...... 1800 S-dn-21. 400-1 400-1 400-1 Gulf Coast Int___ PDA RBn______1600 A -dn... 800-2 800-2 800-2 HOU VOR...... PDA RBn____ 1600
Radar available. Procedure turn N side of crs, 036° Outbnd, 216° Inbnd, 1600' within 10 miles Minimum altitude over facility on final approach crs, 1100'. Crs and distance, facility to airport, 216°—4 miles. , ® visual contact not established upon descent to authorized landing minimums or If landing not accomplished within 4 miles after passing PDA RBn, climb to 1600' on 216° Dearrng from PDA RBn within 15 miles, or when directed by ATC, turn right, climb to 1800' on R 306° HOU VOR within 20 miles TY tower> approximately 11 miles SSE of HOU VOR; 1549' TV tower, approximately 13 miles SW of HOU VOR. MSA Within 25 miles of facility: 000°-090°—1600'; 090°-180°—2300'; 180°-270°—2600'; 270<’-360°—1800'. City, Houston; State, Tex.; Airport name, William P. Hobby; Elev., 48'; Fac. Class., MHW; Ident., PDA; Procedure No. 4, Arndt. 3; Efl. date, 4 June 66; Sup. Arndt. No 2: Dated, 17 Apr. 65
No. 110-----2 FEDERAL REGISTER, VOL. 31, NO. 110— WEDNESDAY, JUNE 8, 1966 8050 RULES AND REGULATIONS
ADF Standard I nstrument Approach P rocedure— Continued
Transition Ceiling and visibility minimums
2-engine or less More than Course and Minimum *2-engine, From— T o - distance . altitude Condition (feet) 65 knots More than more than or less 65 knots 65 knots
PTT RBn...... Direct...... - ___ 3500 T-dn...... 300-1 300-1 200-)$ PTT RBn...... Direct______3500 C-dn 600-1)$ 600-1)$ 600-11$ S-d-17...... 600-1 600-1 600-1 S-n-17...... 600-1)$ 600-1)$ 600-11$ NA NA NA
Procedure turn W side of crs, 342° Outbnd, 162° Inbnd, 3500' within 10 miles. Minimum altitude over facility on final approach crs, 2551'. Facility on airport. BreakofT point to Runway 17,171°—0.8 mile. If visual contact not established upon descènt to authorized landing minimums or if landing not accomplished within 0 mile after passing PTT RBn, make right turn climbing to SSOO7 on 342° bearing from P TT RBn within 1Ô miles, make left turn, and return to P TT RBn. N otes: (1) Runway lights on 17-35 only. (2) No weather available. Obtain Hutchinson altimeter setting. Caution: Flood lighted cattle pens on W side of field may be confusing at night—use extreme caution. Other change: Pratt Int name changed to Byers Int. MSA within 26 miles of facility: 270°-180°—3300'; 180°-270°—3500'. City, Pratt; State, Kans.; Airport name, Pratt Municipal; Elev., 1951'; Fac. Class., MH; Ident., PTT; Procedure No- 1, Arndt. 1; Eff. date, 4 June 66; Sup. Arndt. No. Orig.; Dated, 27 Apr. 63
TTTTA VOR TTfl RBn . ______Direct______2600 T-dn______300-1 300-1 200-)$ nr.TT VOR TTS RBn Direct . _ ...... 2600 C-d...... 1000-1 1000-1 1000-1)$ w av v n R TTS RBn Direct...... 2600 C-n...... 1000-2 1000-2 1000-2 TTS RBn ...... Direct__ .... 2600 S-d-35*...... 700-1 700-1 700-1 S-n-35*...... 700-2 700-2 700-2 A-dn _ _ 1000-2 1000-2 1000-2
Radar available. Procedure turn E side of crs, 170® Outbnd, 350® Inbnd, 2600' within 10 miles. Minimum altitude over facility on final approach crs, 2100'. Crs and distance, facility to airport, 350®—5.1 miles. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 5.1 miles after passing ITS RBn, climb to 2600' on crs of 350“ from ITS RBn within 20 miles, or when directed by ATC, climb to 2600', proceed direct to HUA RBn and enter holding pattern. N ote: Authorized for military use only, except by prior arrangements. Caution: High terrain, 1.7 miles E of airport with tower, elevation, 1371'. “Reduction not authorized. MSA within 25 miles of facility: 000®-090®—3000'; 090®-180°—2600'; 180®-270®—2300'; 270®-360®—2600'. City, Redstone Arsenal; State, Ala.; Airport name, Redstone AAF; Elev.,'682'; Fac. Class., MHW; Ident., ITS; Procedure No. 1, Arndt. 6; Eff. date, 4 June 66; Sup. Arndt. No. 5; Dated, 28 Nov. 64
HSV VOR Direct______2600 T-dn...... 300-1 300-1 200-)$ ITS RBn Direct__ _ 2600 C -d...... 1000-1 1000-1 1000-1)$ TTTTA VOR Direct______2600 C-n...... ____ 1000-2 1000-2 1000-2 DOTT VOR Direct______2600 S-d-17*...... 500-1 500-1 500-1 S-n-17#...... 600-1 600-1 600-1 A-dn______1000-2 1000-2 1000-2
Radar available. Procedure turn E side of crs, 354® Outbnd, 174® Inbnd, 2600' within 10 miles of Harvest Int/Radar Fix. Minimum altitude over Harvest Int/Radar Fix on final approach crs, 2100'; over HUA RBn, 1700'. Crs and distance, Harvest Int/Radar Fix to HUA RBn, 174®—2.7 miles, crs and distance, HUA RBn to airport, 174®—3.5 miles. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 3.5 miles after passing HUA RBn, climb to 2600' on crs of 174® from HUA RBn within 20 miles, or when directed by ATC, climb to 2600', proceed direct to ITS RBn and enter holding pattern. N ote: Authorized for military use only, except by prior arrangements. Caution: High terrain, 1.7 miles E of airport with tower, elevation, 1371'. * Reduction below % mile not authorized. # Reduction not authorized. MSA within 25 miles of facility: 000®-090°—3000'; 090®-180®—3000'; 180®-270®—2200'; 270®-360°—2600'. City, Redstone Arsenal; State, Ala.; Airport name, Redstone AAF; Elev., 682'; Fac. Class., HW; Ident., HUA; Procedure No. 2, Arndt. 1; Eff. date, 4 June 66; Sup. Amdt. No. Orig.; Dated, 28 Nov. 64
TRS RBn Direct. ______2500 T -dn______300-1 300-1 200-)$ Direct. ______2500 C-dn...... 800-1 800-1 800-1)$ TRS RBn ______Direct______2500 S-dn-20...... 800-1 800-1 800-1 A-dn______NANA NA VOR/ADF minimums, VOR and ADF receivers required: C-dn...... 600-1 600-1 600-1)$ S-dn-20...... 600-1 600-1 600-1
Procedure turn N side of crs, 060° Outbnd, 240° Inbnd, 2500' within 10 miles. Minimum altitude over Oak Int on final approach crs, 1724'. .... ,.,3 , . , . . • .... ‘ If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 0 mile of IRS RBn, make right turn, climb to 2500 on crs, 060° and return to RBn. N ote: N o weather available. Obtain Battle Creek altimeter setting. MSA within 25 miles of facility: 000°-360°—2400'. City, Sturgis; State, Mich.; Airport name, Kirsch Municipal; Elev., 924'; Fac. Class., MHW; Ident., IRS; Procedure No. 1, Amdt. Orig.: Eff. date, 4 June 66
TV*"! VOTfc TVC RBn ...... Direct______2100 T -dn*...... 300-1 300-1 200-)$ C-dn...... 500-1 500-1 500-1)$ A-dn______800-2 800-2 800-2
Radar available. Procedure turn E side of crs, 139° Outbnd, 319° Inbnd, 2100' within 10 miles. Minimum altitude over facility on final approach crs, 1600'. Crs and distance, facility to airport, 319°—2 miles...... „ „ . ,, , . . , • If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 2 miles after passing RBn, make climbing right turn to 2100' and return to TVC RBn, or when directed by ATC, make right turn, climb to 3000' on 360° crs and return to RBn. Caution: ‘Several antennas from 1132' to 1546' between 3 to 4.5 miles W and NW of airport. Plan departure to avoid this area. MSA within 25 miles of facility: 000°-090°—2300'; 090°-180°—2900'; 180°-270°—3300'; 270°-360°—2600'. City, Traverse City; State, Mich.; Airport name, Traverse City Municipal; Elev., 623'; Fac. Class., SABH; Ident., TVC; Procedure No. 1, Amdt. 3; Eft. date, 4 June 66; Sup. Amdt. No. 2; Dated, 23 Apr. 66
FEDERAL REGISTER, VOL. 31, NO. 110— WEDNESDAY, JUNE 8, 1966 RULES AND REGULATIONS 8051
2. By amending the following very high frequency omnirange (VOR) procedures prescribed in § 97.11(c) to read: VOR Standard I nstrum ent Approach P rocedure Bearings, headings, courses and radlals 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, „„lag« an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator of the Federal Aviation Agency. Initial approaches shall be made over specified routes. Minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.
Transition Ceiling and visibility minimums
2-engine or less More than Course and Minimum 2-engine, From— - To— altitude Condition distance (feet) 65 knots More than more than or less 65 knots 65 knots
T-dn______300-1 300-1 200-34 C-dn...... 400-1 500-1 500-134 S-dn-15 L and R* 400-1 400-1 400-1 A-dn______800-2 800-2 800-2
Procedure turn W side of crs, 332° Outbnd, 152° Inbnd, 1900' within 10 miles. Minimum altitude over facility on final approach crs, 1900' over JA LOM, 6.4-miles DME/Radar Fix, or Ruth Int, 1300'. Crs and distance, facility to Runway 15L, 152°—11.7 miles; JA LOM, 6.4-mile DME/Radar Fix, or Ruth Int to Runway 16L, 152 —5.3 miles. Crs and distance, facility to Runway 15R, 155°—12.2 miles; JA LOM, 6.4-mile DME/Radar Fix, or Ruth Int to Runway 15R, 155°—5.8 miles. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished, Runway 15L: Within 11.7 miles after passing JAN V O RTAC, turn right, climb to 2000'on JAN VORTAC, R 164° within 20miles. Runway 15R: Within 12.2 miles after passing JAN VORTAC, turn right, climb to 2000' on JAN VO R- TAC, R 164° within 20 miles. ' ■' N ote: When authorized by ATC, DME may be used within 30 miles at 3000' to position aircraft for a straight-in approach with the elimination of a procedure turn *400-J
T-dn% ...... 300-1 300-1 2 0 0 -3 4 C -d...... 600-1 600-1 600-134 C-n...... 600-2 600-2 600-2 S-d-29...... 600-1 600-1 600-1 A-dn______800-2 800-2 800-2
Procedure turn S side of crs, 146° Outbnd, 326° Inbnd, 7300' within 10 miles. Final approach from holding pattern at VOR not authorized. Procedure turn required. Minimum altitude over facility on final approach crs, 5300'. Crs and distance, facility to airport, 314°—6.4 miles. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 6.4 miles after passing VOR, make left-climbing turn to VOR, continue climb on R 146° within 10 miles in order to cross VOR on 326° Inbnd at 7300', hold in 1-minute pattern SE of VOR, 326° Inbnd with left turns. Caution: Runways 7-25 and 11-29 unlighted. %Takeoff all runways: Aircraft departing SE on V-536, climb directly to VOR, continue climb on R 1468 within 10 miles to cross VOR on Inbnd heading of 326° at 7300 or above. Continue climb to 9000' in 1-minute left turn holding pattern SE of VOR on R 146° Inbnd heading 326° before departing VOR on crs. Aircraft departing SW on V-536, cross VOR at 5000' or above. Aircraft departing S on V-231, climb directly to VOR, then continue climb directly on crs to assigned altitude. MSA’s within 25 miles of facility: 000°-090°—10,300'; 090°-180°—8700'; 180°-270*—7800'; 270o-360o—7800'. City, Kalispell; State, Mont.; Airport name, Flathead County; Elev., 2972'; Fac. Class., BVOR; Ident., FCA; Procedure No. 1, Amdt. 2; Eft. date, 4 June 66; Sup. Arndt. No. 1; Dated, 30 Apr. 66
Evans Creek FM, V23... MFR VOR (final)...... 4300 T-dn%. 300-1 300-1 200-J4 Evans Creek FM, V23W. MFR VOR (final) _ . . 4300 C-d*.... 1200-1 1200-1 1200-134 C-n*.... 1200-2 1200-2 1200-2 A-dn__ 1200-2 1200-2 1200-2 positively identified, the following >ly: C-dn. 700-1 700-1 700-134
Procedure turn E side of crs, 342° Outbnd, 162° Inbnd, 6300' within 10 miles of MFR VOR. Minimum altitude over MFR VOR on final approach crs, 4300'; over Table Int, 3400'. Crs and distance, MFR VOR to airport, 146°—6.3 miles; Table Int to airport, 146°—4.5 miles. If visual contact not established upon descent to authorized landing m inimums or if landing not accomplished within 6.3 miles after passing M FR VO R or 4.6 miles after passing Table Int, make immediate right turn, climb direct to M FR V O R, thence continue climb to 6300' in a 1-minute right turn holding pattern S of M FR VO R on R 157°. Note: When authorized by ATC, DME may be used between R 216°, MFR VOR, clockwise to R 342°, MFR VOR at 15 miles at 6300' to position aircraft for straight-in approach with elimination of procedure turn. Caution: High terrain in all quadrants. Other change: Deletes transition MFR VOR to Evans Creek FM. ADF equipment required to execute this procedure to the reduced m inim um s. %A11 IFR departures must comply with published Medford SID’s. MSA within 25 miles of facility: 000°-090°—9900': 090°-180°—8600': 180°-270°—7400'; 270°-360°—6300'. City, Medford; State, Oreg.; Airport name, Medford Municipal; Elev., 1330': Fac. Class., H-BVO RTAC; Ident., MFR; Procedure No. 1, Amdt. 8; Efl. date, 4 June 66: Sup. Amat. No. 7; Dated, 30 Oct. 65
PROCEDURE CANCELED, EFFECTIVE 4 JUNE 1966. City, Phoenix; State, Ariz.; Airport name, Sky Harbor Municipal; Elev., 1122'; Fac. Class., BVO RTAC; Ident., PHX; Procedure No. 2, Amdt. 4; Efl. date, 27 July 63; Sup. Amdt. No. 3; Dated, 28 Oct. 61
HSV VOR...... 2600 T-dn 300-1 300-1 200-34 DCU VOR...... 2600 O-d 600-1 600-1 600-1)4 C-n 600-2 600-2 600-2 A-dn _ 1000-2 1000-2- 1000-2
Radar available. ‘Si? 5 s^ e °(®rsi 338° Outbnd, 158° Inbnd, 2600' within 10 miles, Monrovia Int/Radar Fix. ^ ™ M tltude.?ver Monrovia Int/Radar Fix on final approach crs, 2300'; Rainbow Int, 1800'; facility, 1400'. If vitimi Int/Radar Fix to Rainbow Int, 158°—3.4 miles; Rainbow Int to VOR, 158°—2.5 miles; VOR to airport, 158°—0.5 mile, to 2600' o n T i170°'«fwTTa Uk n to authorized landing minimums or if landing not-accomplished within 0.6 mile after passing HUA VOR, turn right, climb w - °n K 170 of H U A VO R witMn 20 miles, or when dfrectedby ATC, turn right, climb to 2600'; proceed direct to ITS RBn and enter holding pattern. VOR receivers.
City, Redstone; State, Ala.; Airport name, Redstone AAF; Elev., 682'; Fac. Class., TerVOR; Ident., HUA; Procedure No. TerVOR-17, Amdt. Orig.; Efl. date, 4 June 6«
FEDERAL REGISTER, VOL. 31, NO. 110— WEDNESDAY, JUNE 8, 1966 8052 RULES AND REGULATIONS
VOR Standard I nstrument Approach P rocedure— Continued
Transition Ceiling and risibility minimum«
2-engine or less Minimum More than Course and 2-engine, From— To— distance altitude Condition (feet) 65 knots More than more than or less 65 knots 65 knots
HSVVOR...... Bunker Int . - - _ ...... 2600 300-1 300-1 200-H D o n v o R ______Blinker I n t ...... 2600 C-d 1000-1 1000-1 1000-1)4 ITS RBn...... - Bunker In t...... 2600 C-n 1000-2 1000-2 1000-2 fi-d-35* _ . 700-1 700-1 700-1 S-n-35* , 800-2 800-2 800-2 A-dn______1000-2 1000-2 1000-2
Radar available. Procedure turn E side of crs, 1658 Outbnd, 345° Inbnd, 2600' within 10 miles of Bunker Int/Radar Fix. , Minimum altitude over Bunker Int/Radar Fix on final approach crs, 2100'; Wheeler Int/Radar Fix, 1500'. Crs and distance, Bunker Int/Radar Fix to airport, 345°—4.8 miles; Wheeler Int/Radar Fix to airport, 345°—2.7 miles; Bunker Int/Radar Fix to VOR, 345°—6.4 miles. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 0 mile of HUA VO R, climb to 2600' on R 345* of HUA VOR within 20 miles, or when directed by ATC, climb to 2600' on R 338° of HUA VOR, proceed to Monrovia Int and enter holding pattern. N ote: Authorized for military use only except by prior arrangements. Caution: High terrain, 1.7 miles E of airport with tower, elevation, 1371'. * Reduction not authorized. MSA within 25 miles of facility: 000°-090°—3000'; 090°-180°—2600'; 180°-270°—2100'; 270°-360°—2600'. City, Redstone; State, Ala.; Airport name, Redstone AAF; Elev., 682'; Fac. Class., TerVOR; Ident., HUA; Procedure No. TerVOR-35, Arndt. Orig.; Eft. date, 4 June 66
TVC R B n...... TVC VOR...... 2100 T-dn** 301-1 300-1 200-H C -d n ...... 800-1 800-1 800-1)4 A-dn______800-2 800-2 800-2 VOR/ADF minimums, VOR and ADF receivers required:# C-dn#...... 400-1 600-1 BOO-114
Radar available. Procedur turn E side of crs, 160® Outbnd, 340° Inbnd, 2100' within 10 miles. Minimum altitude over facility on final approaoh crs, 1800'; over Hill Int, 1423'. Crs and distance, facility to airport, 340°—4.4 miles. - . . If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 4.4 miles after passing TVC VOR, make climbing right turn to 21007 and return to VOR, or when directed by ATC, make fight turn, climbing to 3000' on 360° crs and return to TVC VOR. Caution: **Several antennas from 1132' to 1546' between 3 to 4.5 miles W and NW of airport. Plan departure to avoid this area. MSA within 25 miles of facility:, 000°-090°—23007; 090°-180°—2900'; 180°-270°-—3600'; 270°-360°—2600'. City, Traverse City; State, Mich.; Airport name, Traverse City Municipal; Elev., 623'; Fac. Class., BVOR; Ident., TVC; Procedure No. 1, Arndt. 6; Eft. date, 4 June 66; Sup Arndt. No. 5; Dated, 23 Apr. 66 3. By amending the following terminal very high frequency omnirange (TerVOR) procedures prescribed in § 97.13 to read: T erminal VOR Standard I nstrument Approach P rocedure Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles. If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator of the Federal Aviation Agency. Initial approaches shall be made over specified routes. Minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.
Transition Ceiling and visibility minimums
2-engine or less Minimum More than From— To— Course and altitude Condition 2-engine, distance (feet) 65 knots More than more than or less 65 knots 65 knots
GVN RBn...... ANN VOR ... 4000 T-dn* 300-1 300-1 200-)4 AT L FR ...... ANN VOR 4000 C-dn* 500-1)4 500-1)4 500-1)4 205° magnetic bearing from GIA RBn**___ 205® magnetic bearing from GVN RBn 104®—16.5 unies__ 4000 S-dn-12#...... 500-1)4 500-1)4 500-1)4 (final). A-dn______800-2 800-2 800-2 With eliminatio n of procedure turn, minimums become:** C-d...... 700-lJi _ 700-1)4 700-1)4 C-u______700-2 700-2 700-2 S-d-12...... 700-1)4 700-1)4 700-1)4 S-n-12...... 700-2 700-2 700-2
Procedure turn W side of crs, 284° Outbnd, 104® Inbnd, 3700' within 10 miles. Minimum altitude over facility on final approach crs, 619'.# Facility on airport, breakoff point to end of Runway 12,123®—1.3 miles. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 0 mile of ANN VOR, turn right, climb to 4200' on R 138° within 15 miles. Caution: Terrain, 1000' within 1.9 miles N through E, 2882'—2.9 miles; E, 3591'—5.1 miles ENE of airport. N ote: All maneuvering for circling to be conducted W of airport. •Runways 2-20: Night operation not authorized. Runway 2: T-d restricted to 600-1 due to high terrain, N through E, 1000' within 2 miles. Make Immediate left turn after takeoff. #Deecent below 3300' not authorized until intercepting 180° bearing from GVN RBn. If 180® bearing from GVN RBn not received, execute missed approach. •♦Procedure turn not required when approaching ANN VOR southbound on V-307 if 205® bearing from GIA RBn and 205° bearing from GVN RBn are received. MSA within 25 miles of f&cflity: 000®-09Q°—6400'; 090®-180®—4600'; 180®-270°—6000'; 270°-360°—5500'. City, Annette Island; State, Alaska; Airport name, Annette FAA Airport; Elev., 119'; Fac. Class., H-BVO R; Ident., ANN; Procedure No. TerVO R-12, Arndt, t; Eft. date, 4 June 66; Sup. Arndt. No. Orig.; Dated, 29 Aug. 64
FEDERAL REGISTER, VOL. 31, NO. 110— WEDNESDAY, JUNE 8, 1966 RULES AND REGULATIONS 8053
T erminal VOR Standard I nstrument Approach P rocedure— Continued
Transition Ceiling and visibility minimums
2-engine or less More than Course and Minimum 2-engine, From— To— altitude Condition distance (feet) 65 knots More than more than or less 65 knots 65 knots
T-dn...... 300-1 300-1 NA C-dn...... 600-1 600-1 NA S-dn-24 600-1 600-1 NA A-dn______NA NA NA
Procedure turn N side of crs, 053° Outbnd, 233° Inbnd, 2300' within 10 miles. Minimum altitude over facility on final approach crs, 1292'. Facility on airport. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 0 mile of DKK VOR, make right-climbing turn, in tercept R 053° of DKK VO R, climb to 2800' within 10miles, return to DKK VOR. Hold NE, 1-minute right turns. MSA within 25 miles of facility: 070°-260°—3200'; 250°-340°—1700'; 340°-070°—2400'- City, Dunkirk; State, N.Y.; Airport name, Dunkirk Municipal; Elev., 692'; Fac. Class., L-BVOR; Ident., DKK'; Procedure No. Ter VO R-24, Arndt. Orig.; Eft. date, 4 June 66
IDA RBn VOR ______Direct______6500 T-dn%...... 300-1 300-1 2 0 0 4 $ VOR Direct______6200 C-dn...... 500-1 500-1 500-1)4 VOR (final) . . D irect...... 5200 S-dn-2*...... 500-1 500-1 600-1 A-dn______800-2 800-2 800-2
Radar available. Procedure turn W side crs, 206° Outbnd, 026° Inbnd, 6200' within 10 miles. Nonstandard due to high terrain, E. Minimum altitude over facility on final approach crs, 5200'. Crs and distance, breakofl point to Runway 2, 021*—1 mile. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 0 mile after passing ID A VO R, climb to 7000' on R 013 within 10 miles, or when directed by ATC, within 0 mile after passing IDA VOR, turn left climbing to 7000' on R 196® of IDA VOR within 10 miles. *500-Ji authorized, except for 4-engine turbojet aircraft, with operative high-intensity runway lights. %Takeofl all runways: Shuttle climb on R 196° of IDA VOR within 20 miles to minimum altitude required for direction of flight. Direction of flight MCA E, V-330...... „____ 6400 MSA within 25 miles of facility: 000®-090®—9400'; 090®-180°—8600'; 180°-270°—7900'; 270°-360°—7000'. City, Idaho Falls; State, Idaho; Airport name, Fanning Field; Elev., 4739'; Fac. Class., BVOR; Ident., IDA; Procedure No. VOR-2, Arndt. 8; Efl. date, 28 May 66; Sup. Amdt. No. 7; Dated, 17 July 65
T-dn______300-1 300-1 NA C-dn...... 400-1 500-1 NA S-dn-9—...... 400-1 400-1 NA A-dn______NANANA
Radar available. Procedure turn S side of crs, 265° Outbnd, 085® Inbnd, 2600' within 10 miles. Minimum altitude over Royalton Int on final approach crs, 1600'. Facility on airport. Breakofl point to runway, 091°—-0.6 mile. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 0 mile of Strongsville VOR, make left-climbing turn to 3000', intercept R 346° of Strongsville VOR, proceed to Crib Int. Hold SE, 1-minute, right turns. Caution: Several towers approximately 6 miles E of airport, highest, 1971'. MSA within 25 miles of facility: 000°-090°—3000'; 090°-180°—2800'; 180°-270°—2300'; 270°-360°—2100'. City, Strongsville; State, Ohio; Airport name, Strongsville Airpark; Elev., 840'; Fac. Class., LBVOR; Ident., STQ; Procedure No. TerVOR-9, Amdt. Orig.; Eft. date, 4 June 66 4. By amending the following very high frequency omnirange—distance measuring equipment (VOR/DME) procedures prescribed in § 97.15 to read: VOR/DME Standard I nstrument Approach P rocedure Bearings, headings, courses and radlals are magnetic. Elevations and altitudes are in feet MSB. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles. If an instrument approach procedure of the above type is conducted at the below named airport, it shall be In accordance with the following instrument approach procedure, unless an approach is conducted In accordance with a different procedure for such airport authorized by the Administrator of the Federal Aviation Agency. Initial approaches shall be made over specified routes. Minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.
Transition Ceiling and visibility minimums
2-engine or less Minimum More than From— Course and 2-engine, To— distance altitude Condition (feet) 65 knots More than more than or less 65 knots 65 knots
Fairbanks Int___ _ _ 16-mile DME 1800 300-1 300-1 20044 Arc. C-dn*_____ 400-1 500-1 500-1)4 16-mile DME Fix, R 298® . 10-mile DME Fix, R 298° Direct - . _. 1800 S-dn-12*...... 400-1 400-1 400-1 10-mile DME Fix, R 298®____ 5-mile DME Fix, R 298° (final)______Direct___ .. _ __ 1300 A-dn*______800-2 800-2 800-2
Radar available. Radar Fixes may be used in lieu of DME Fixes. Procedure turn SW side of crs, 298° Outbnd, 118° Inbnd, 1800' within 10 miles. Minimum altitude over 5-mile DME Fix on final approach crs, 1300'. Crs and distance, 5-mile DME Fix to airport, 118°—4.1 miles; breakofl point to runway, 126°—0.3 mile. R m °Vwithinl5mites?* estabUshe
FEDERAL REGISTER, VOL. 31, NO. 110— WEDNESDAY, JUNE 8, 1966 8054 RULES AND REGULATIONS
VOR/DME Standard in strum en t Approach P rocedure— Continued
Transition Ceiling and visibility m in im u m s
2-engine or less More than Course and M inim um 2-engine, From— To— altitude Condition distance (feet) 65 knots More than more than or less 65 knots 65 knots
5-mile DME Fix, R 017° (final)...... Diréct.______1600 T-dn______300-1 300-1 200—3^ C-dn...... 400-1 500-1 500-134 S-dn-21*...... 400-1 400-1 400-1 A-dn______800-2 800-2 800-2
Radar available. Radar Fix may be used in lieu of DME Fix. Procedure turn W side of crs, 017° Outbnd, 197® Inbnd, 1800' within 10 miles. Minimum altitude over 5-mile Fix on final approach crs, 1500'. Crs and distance, breakoff point to approach end Runway 21, 216°—0.7 mile. ,, , . , Tt If visual contact not established upon descent to authorized landing mimmums or if landmg not accomplished withm 0 mile of HO U VO R, climb to 2500 on R 218 within 20 miles Caution: 1549' tower, approximately 13 miles SW of HOU VOR; 1235' tower, approximately 11 miles SSE of HOU VOR. Other change: Deletes transition from 5-mile DME Fix, R 017° to HOU VOR (final) and deletes altitude over VOR. ■ -*■- «- *40O4i authorized, except for ^engine turbojet aircraft, with operative high-intensity runway lights. MSA within 25 miles of facility: 000°-090°—1600'; 090°-180°—2300'; 180°-270°—260V; 270 -360 180V. Citv Houston- State, Tex.; Airport name, William P. Hobby; Elev., 48'; Fac. Class., H-BVORTAC; Ident., HOU; Procedure No. VOR/DME No. 2, Arndt. 8; Eff. date, , 4 June 66; Sup. Arndt. No. 7; Dated, 21 Aug. 65
R-milft DMFr Fix, u uat° ffinal) Direct______1600 T-dn______300-1 300-1 200-H : C-dn...... 400-1 500-1 500-1)4 S-dn-3**„...... 400-1 400-1 400-1 A-dn...... 800-2 800-2 800-2
Radar available. Radar Fix may be used in lieu of DME Fix. , Procedure turn S side of crs, 231° Outbnd, 051° Inbnd, 2500' withm 10 miles. Minimum altitude over 5-mile DME Fix on final approach crs, 1500'. ^visual mifacTnotestaWished*^upo^desoent to^iShoriz^ landing minimums or if landing not accomplished within 0 mile of HO U VO R, climb to 1600' on R 036° within
^ Caution: 1549' tower, approximately 13miles SW of HOU VOR; 1235' tower, approximately 11 miles SSE of HOUVOR. ^ e s r o S a^ o w 2TOO'^ota^tho^^d^iRfiahCTaftteHLtod on final approach within 10 miles and descent below 1600' not.authorized until passing Simile DME Fix on final * *400^ authoriMdl except for 4-engine turbojet aircraft, with operative high-intensity runway lights. 400-J4 authorized, except for 4-engine turbojet aircraft, with operative MSA within 25 miles of facility: 000°-090°—1600'; 090°-180°—2300'; 180°-270°—2600'; 270°-360° 1800'. City, Houston; State, Tex.; Airport name, William P. Hobby; Elev., 48'; Fac. Class., H-BVORTAC; Ident., HOU: Procedure No. VOR/DME-3, Arndt. 6; Eff. date, 4 June 66; • Sup. Arndt. No. 5; Dated, 21 Aug. oo
T -dn______300-1 300-1 200-34 GLSVOR...... -...... 10-mile DME Fix, R 134°...... Direct...... 1700 Direct______600 400-1 500-1 500-134 10-mile DME Fix, R 134°...... -...... 1.8-mile DME Fix, R 134° (final)...... s—fin-an* 400-1 400-1 400-1 800-2 800-2 800-2
Procedure turn Ê side of crs, 134° Outbnd, 314° Inbnd, 1700' within 10 miles. , Minimum altitude over 1.8-mile DME Fix on final approach crs 600'. Facility on airpoort. trtthi. 0 mile elle, peach* HOUVOR, turn M , climb t. 1800' oxlHO U VO r , R 306°, or, when directed by ATC, turn left, climb to 1800 on HO U VO R R 282 . Caution: 1232' tower, 11 miles SSE of HOU VOR; 753 tower, 6 miles NW of HOU VOR. N ote: HOU RBn or Radar Fix may be used in lieu of 1.8-mile DME Fix. ..__, . •If i 8-mile DME Fix, HOU RBn passage or Radar Fix not received, descent oelow 60V not authorized. MSA wRMn 25 miles of facility: 00V-090®—160V ; 090°-180°—2300 ; 180 -270 —2600'; 270°-360 1800'. City, Houston; State, Tex.; Airport name, William P. Hobby; Elev., 48'; Fac. Class., H-BVORTAC; Ident^HOU; Procedure No. VOR/DME-4, Arndt. 2; Eff. date, 4 June 66; Sup. Arndt. No. 1; Dated, 17 Apr. 65
T-dn______300-1 300-1 200-J4 C-dn...... 400-1 600-1 600-1% S-dn-33R#...... 400-1 400-1 400-1 A-dn______800-2 800-2 800-2
P ro c u re turrf’E side of crs 162° Outbnd, 332° Inbnd, 200V between 19 miles and 29 miles of VORTAC, or between 10-mile and 29-mile Radar Fixes. Minimum altitude over 19-mile DME Fix or 19-mile Radar Fix on final approach crs, 2000. Crs and distance, 19-mile DME Fix or 19-mile Radar Fix to airport, 332 —5.9 miles. » . • ____a ____ J.___ a - a. / l o n n o n t f-A oiithlftnmjlg m iTl iTnilTTIS OT II l& U Q lIlg ______compliehedat Umile DME Fix or Untile Rad« Fix, to™ right, climb [-minute, right turns, 309® Inbnd. “ approach , 1th tb. eUmlmt«.. .1 predare iura. N ote- When authorized by a t u , u m is may ne useu wnuui ou miles at 300V, to position aircraft to *400—54 authorized, except for 4-engine turbojet aircraft, with operativehigh^toisrty rimwayflights. MSA within 26 miles of facility: 000°-090°—170V; 090°-180°—170V; 180 -270 300V; 270 -360 180V. O». MM e-S-Mha.; Aln»r, name, Alle. 0. ’’ *** * “
FEDERAL REGISTER, VOL. 31, NO. 110— WEDNESDAY, JUNE 8, 1966 RULES AND REGULATIONS 8055
VOR/DME Standard I nstrument Approach P rocedure^—Continued
Transition Ceiling and visibility minimums
2-engine or less More than Course and Minimum 2-engine, From— To— altitude Condition distance (feet) - 65 knots More than more than or less 65 knots 65 knots
7.8-mile DME Fix, R 333“______Direct______6000 T-dn%...... 300-1 300-1 200-)$ 3.5-mile DME Fix, R 333°______Direct______3900 C-dn______700-1 700-1 700-1)$ 0-mile DME Fix, R 333°...... Direct______3300 S-dn-14#...... - 500-1 500-1 500-1 MFR VOR___...... — ...... Direct...... 6000 A-dn______1000-2 1000-2 1000-2 10-mile DME Fix) R 157®______MFR VOR______Direct______6000
Procedure turn E side of crs, 333° Outbnd, 153° Inbnd, 5700' within 12 miles. Minimum altitude over 3.6-mile DME Fix, R 333° on final approach crs, 3900'; over MF R VO R, 3300'; over 2.4-mile DME Fix, R 146°, 2500'. Crs and distance, facility to airport, 146°—6.3 miles; 2.4-mile DME Fix, R 146° to airport, 146°—3.9 miles. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 6.3miles after passing MFR VO R, or at the 6.3-mile DME Fix, R 146°, make immediate right turn, climb direct to MFR VOR, thence continue climb to 6000' in a 1-minute right turn holding pattern S of MFR VOR on R 157*. Caution: High terrain all quadrants. . . . N ote: When authorized by ATC, DME may be used between R 216°, MFR VOR clockwise to R 333°, MFR VOR within 15 miles at 6500' to position aircraft for straight-in approach with elimination of procedure turn. %A11 IF R departures must comply with published Medford SID’s. § Sliding scale not authorized. Visibility reduction not authorized. MSA within 25 miles of facility: 000“-090*—9900'; 090°-180°—8600'; 180°-270°—7400'; 270°-360°—6300'. City, Medford; State, Oreg.; Airport name, Medford Municipal; Elev., 1330'; Fac. Class., H-BVORTAC; Ident., MFR; Procedure No. VOR/DME No. 1, Arndt. 3; Eft. date, 4 June 66; Sup. Arndt. No. 2; Dated, 30 Oct. 65
15-mile DME Fix, R 316“ 8 7-mile DME Fix, R 316“ Direct______6000 T-dn%...... 300-1 300-1 200-)$ 8.7-mile DME Fix, R 316° 3900 C-dnl...... 700-1 700-1 700-1)$ 3.5-mile DME Fix, R 316° Direct , - 3300 S-dn-14#...... 500-1 500-1 500-1 A-dn...... 1000-2 1000-2 1000-2
Procedure turn not authorized. Minimum altitude over 8.7-mile DME Fix, R 316° on final approach crs, 6000'; over 3.5-mile DME Fix, R 316°—3900'; over MFR VORTAC, 3300'; over 2.4-mile DME Fix, R 146°—2500'. Crs and distance, facility to airport, 146“—6.3 miles; 2.4-mile DME Fix, R 146^ to airport, 146“—3.9 miles. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 6.3 miles after passing MFR VOR, or at the 6.3-mile DME Fix, R 146“, make immediate right turn, climb direct to MFR VOR, thence continue climb to 6000' in a 1-minute right turn holding pattern S of MFR VOR on R 157°. N ote: When authorized by ATC, DME may be used between R 216“, MFR VOR clockwise to R 333“, MFR VOR within 15 miles at 6500' to position aircraft for straight- in approach. Caution: High terrain-all quadrants. %A111-FR departures must comply with published Medford SID’s. ¿Sliding scale not authorized. Visibility reduction not authorized. MSA within 25 miles of facility: 000“-090°—9900'; 090“-180“—8600'; 180“-270“—7400'; 270“-360“—6300'. City, Medford; State, Oreg.; Airport name, Medford Municipal; Elev., 1330'; Fac. Class., H-BVORTAC; Ident., MFR; Procedure No. VOR/DME No. 2, Arndt. 1; Efl. date, 4 June 66; Sup. Arndt. No. Orig.; Dated, 30 Oct. 65
YK LFR. YAK VOR. Direct. T-dn______300-1 300-1 2004$ C-dn 500-1 500-1 600-1)$ S-dn-29* 400-1 400-1 400-1 A-dn _ 800-2 800-2 800-2
Procedure turn S side of crs, 118“ Outbnd, 298“ Inbnd, 1200' within 10 miles. Descend to 700' after 8-mlle DME Fix. Descend to 400' after 4-mile DME Fix. Crs and distance, breakofl point to approach end of Runway 29, 286“—0.7 mile. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 0 mile of YAK VOR, climb to 1700' on YAK VO R, R 268“ within 15 miles..... ' N ote: When authorized by ATC, DME may be used to position aircraft for final approach at 1200' between radiais 110“ clockwise to 268“ within 10 miles with the elimination of procedure turn. Within 30 miles of YAK VOR when on airways, descent to 1200' authorized. 4004a authorized, except for 4-engine turbojet aircraft, with operative high-intensity runway lights. MSA within 25 miles of facility: 000“-090°—6700'; 090“-180°—2000'; 180"-270°—2000'; 270“—360“—8000'. City, Yakutat; State, Alaska; Airport name, Yakutat; Elev., 37'; Fac. Class., BVORTAC;'ident., YAK; Procedure No. VOR/DME No. 3, Arndt. 2; Efl. date, 4 June 66, Sup. Arndt. No. 1; Dated, 28 Aug. 65
FEDERAL REGISTER, VOL. 31, NO. 110— WEDNESDAY, JUNE 8, 1966 8056 RULES AND REGULATIONS 5. By amending the following instrument landing system procedures prescribed in § 97.17 to read:. ILS Standard I nstrument Approach P rocedure Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSB. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles. If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator of the Federal Aviation Agency. Initial approaches shall bfijnade over specified routes. M inimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.
Transition Ceiling and visibility minimums
2-engine or less More than Course and Minimum 2-engine, From— To— altitude Condition distance (feet) 65 knots More than more than or less 65 knots 65 knots
■RTTM V O R T in T/OM ...... ’ Direct______2800 T-dn%...... 300-1 300-1 *200-% LOM...... Direct______2800 C-dn______800-1 900-1 900-1% LOM...... Direct...... 2800 S-dn-5#**...... 200-% 200-% 200-% LOM (final)...... Direct______2000 A-dn______900-1 900-2 900-2
Procedure turn N side of SW crs, 232° Outbnd, 052° Inbnd 2500' within 10 miles (nonstandard to avoid obstructions). Minimum altitude at glide slope interception Inbnd, 2000'. Altitude of glide slope and distance to approach end of runway at OM, 2000'—4.5 miles; at MM, 815'—0.6 mile. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished, climb to 3000' on crs of 052° via ROE RBn to Trussville Int. Hold NE, 1-minute right turns, or when directed by ATC, turn left, climb to 3000' and proceed to BHM VORTAC. N ote: VASI, runway 23. %RVR 2400'authorized runway 5. #RVR 2400'. Descent below 843'not authorized Unless approach lights are visible. **400-% (RVR 4000') required when glide slope not utilized. 400-% (RVR 2400') authorized with operative ALS, except for 4-engine turbojets. * Runways 5/23 only. City, Birmingham: State, Ala.: Airport name, Municipal; Elev., 643': Fac. Class., ILS; Ident., I-BHM; Procedure No. ILS-5, Arndt. 20; Eff. date, 4 June 66; Sup. Arndt. No. 19» Dated, 10 July 65
T.OM Direct______2000 T-dn ##...... 300-1 300-1 200-% LOM...... - Direct...... i 2000 C-dn...... 400-1 600-1 500-1% LOM (final)...... Via LOC.—— ... *1300 S-dn-3#%...... 200-% 200-% 200-% A-dn...... 600-2 600-2 600-2
Radar available. - _ Procedure turn S side SW crs, 216° Outbnd, 036° Inbnd, 2000' within 10 miles. Minimum altitude at glide slope interception Inbnd, 1300'. Altitude of glide slope and distance to approach end of runway at OM, 1260'—4.2 miles; at MM, 250'—0.6 mile. • • . • . If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 4.2 miles after passing LOM, climb to 1600 on NE crs, ILS within 20 miles, or when directed by A T C jturn left, climb to 1800' on HOU VOR, R 306°. Caution: 1549' tower, approximately 8.5 miles W of LOM; 1235' tower, approximately 9 miles SE of LOM. %400-% required when glide slope not utilized. 400-% authorized, except for 4-engine turbojet aircraft with operative ALS. •Descent below 2000' not authorized until established on localizer. ##RVR 2400' authorized for takeoff runway 3. #RVR 2400', descent below 248' not authorized. City. Houston; State, Tex.; Airport name, William P. Hobby; Elev., 48'; Fac. Class., ILS; Ident., I-HOU; Procedure No. ILS-3, Arndt. 26; Eff. date, 4 June 66; Sup. Arndt. No. 25; Dated, 17 Apr. 65
Direct______1600 T-dn______. . . 300-1 300-1 200-% Direct______1100 C-dn...... 400-1 500-1 600-1% S-dn-21*...... 400-1 400-1 400-1 A-dn______800-2 800-2 800-2
Radar available. ... „ __ ... „ Procedure turn N side NE crs. 036° Outbnd, 216 Inbnd, 1600' within 10 miles of Pasadena RBn or Fix.# No glide slope. Minimum altitude over Pasadena RBn or Fix,# 1100'. Crs and distance, Pasadena RBn or Fix# to Runway 21, 216°—4 miles. j . . . * ...» ... , „ , _. ... , . H visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 4 miles of Pasadena RBn or Fix,# climb to 1600 on SWcrs HOU ILS within 15 miles, or when directed by ATC, turn right, climb to 1800' on R 306 , HOU VOR within 20 miles. Caution: 1235' TV tower, approximately 11 miles SSE, HOU VOR; 1549' TV tower, approximately 13 miles SW, HOU VOR. Other change: Deletes radar transition and final approach notes. #Pasadena Fix is a Houston Radar (ASR) Fix coinciding with location of Pasadena RBn. *400-% authorized, except for 4-engine turbojet aircraft, with operative high-intensity runway lights. Citv Houston; State, Tex.; Airport name, William P. Hobby; Elev., 48'; Fac. Class., ILS; Ident., I-HOU; Procedure No. ILS-21 (back crs), Arndt. 12; Eff. date, 4 June 66; Sup. Arndt. No. 11; Dated, 17 Apr. 65
Florence I n t..... "LOM ...... 1900 T-dn______300-1 300-1 200-% Brauch In t____ T,OM 1900 C-dn...... 400-1 500-1 600-1% Byram In t_.... t.îSm Direct______2000 S-dn-löL*____ 200-% 200-% 200-% Trace In t..-___ LOM 1900 A-dn______600-2 600-2 600-2 Rankin In t___ , T.nM __ Direct______1900 JAN VORTAC LOM (final)...... - Direct______1900
Radar available, — Procedure turn W side of crs, 333° Outbnd, 153° Inbnd, 1900' within 10 miles. Minimum altitude at glide slope interception Inbnd, 1800'...... Altitude of glide slope and distance to approach end of runway at OM, 1778'—5.3 miles; at MM, 489 —0.5 mile. * . . . ,. . . If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 5.3 miles after passing LOM, turn right, climb to 2000'on-JAN VORTAC, R 164° within 20miles. , „ ...... _ _ *400-% required when glide slope not utilized. 400-% authorized, except for 4-engine turbojet aircraft with operative ALS. City, Jackson; State, Miss.; Airport name, Allen C. Thompson Field; Elev., 345'; Fac. Class., ILS; Ident., I-JAN; Procedure No. ILS-15L, Arndt. 3; Eff. date, 4 June 66; Sup Arndt. No. 2; Dated, 2 Oct. 65
FEDERAL REGISTER, VOL. 31, NO, 110— WEDNESDAY, JUNE 8, 1966 RULES AND REGULATIONS 8057
6. By amending the following radar procedures prescribed in § 97.19 to read: R adar Standard I nstrument Approach P rocedure Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet, MSB. Ceilings are In feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles. ^ Z . , , , . . . If a radar instrument approach is conducted at the below named airport, it shall be in accordance with the following instrument procedure, unless an approach is conducted in with a different procedure for such airport authorized by the Administrator of the Federal Aviation Agency. Initial approaches shall be made over specified routes Minimum altitudefs) shall correspond with those established for en route operation in the particular area or as set forth below. Positive identification must be estab lished'with the radar controller. From initial contact with radar to final authorized landing mtnimums, the instructions of the radar controller are mandatory except when (A) visual contact is established on final approach at or before descent to the authorized landing minimums, or (B) at pilot’s discretion if it appears desirable to discontinue the approach except when the radar controller may direct otherwise prior to final approach, a missed approach shall be executed as provided below when (A) communication on final approach is lost for more than 5 seconds during a precision approach, or for more than 30 seconds during a surveillance approach; (B) directed by radar controller; (0) visual contact is not established upon descent to authorized landing minimums; or (D) if landing is not accomplished.
Transition Ceiling and visibility minimums
2-ongine»or less More than Course and Minimum 2-engine, From— To— altitude Condition distance (feet) 65 knots More than more than or less 65 knots 65 knots
Within: Surveillance a pproach 360*...... 15 miles______2500 T -dn______300-1 300-1 *200-)$ ooo® ...... 360°...... 15 to 25 m iles.... 3500 C-dn-5/18/36___ 800-1 900-1 900-1)$ O-dn-23...... 900-1 900-1 900-1)$ S-dn-5#...... - 600-1 600-1 600-1 S-dn-18#...... 700-1 700-1 700-1 S-dn-23“ #...... 900-1 900-1 900-1 S-dn-36#...... 800-1 800-1 800-1 A-dn______1000-2 1000-2 1000-2
Radar control must provide 3 miles separation from radio tower, 1809' located 4 miles SW of airport ormaintain 2800'. All bearings and distances are from radar antenna with sector azimuths progressing clockwise. . If visual contact not established upon descent to authorized landing minimums or if landing not accomplished, Runway 5: Climb to 3000' on crs of 052° from LOM within 15 miles. Runway 23: Climb to 3(W, turn right and proceed to BHM VORTAO, or when directed by ATC, climb to 3000' and proceed to BHM LOM. Runways 36 and 18: Climb to 3000', turn left and proceed to BHM VORTAC. ' N ote: VAS I, Runway 23. ‘Runways 5-23 only. “ Maintain at least 1900' until 4 miles from runway on final approach to Runway 23. ( #R eduction not authorized. City, Birmingham; State, Ala.; Airport name, Municipal; Elev., 643'; Fac. Class., and Ident., Birmingham Radar; Procedure No. 1, Arndt. 7; Eff. date, 4 June ( 5; Sup. Arndt. No. 6; Dated, 17 Apr. 65 R adar Standard Instrument Approach P rocedure Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet, MSL. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles. If a radar instrument approach is conducted at the below named airport, it shall be in accordance with the following instrument procedure, unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator of the Federal Aviation Agency. Initial approaches shall be made over specified routes. Minimum altitude (s) shall correspond with those established for en route operation in the particular area or as set forth below. Positive identification must be estab lished with the radar controller. From initial contact with radar to final authorized landing minimums, the instructions of the radar controller are mandatory except when (A) visual contact is established on final approach at or before descent to the authorized landing minimums, or (B) at pilot’s discretion if it appears desirable to discontinue the approach, except when the radar controller may direct otherwise prior to final approach, a missed approach shall be executed as provided below when (A) communication on final approach is lost for more than 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 Ceiling and visibility minimums
2-engine or less More than From To Dist. Alt. Dist. Alt. Dist. Alt. Dist. Alt. Dist. Alt. Dist. Alt. Condition 2-engine, 65 knots More than more than or less 65 knots 65 knots
Precision ap proach 030 150 10 4000 T-Hn 300-1 300-1 2004$ 150 030 20 2700 n-rt 1000-1 1000-1 1000-1)$ O-n______1000-2 1000-2 1000-2 S-dn-17...... 2004$ 2004$ 200-)$ S-dn-35______3004$ 3004$ 3004C A-dn...... 1000-2 1000-2 1000-2 S irveillance a jproach S-d-17...... 800-1 800-1 800-1 S-n-17...... 800-2 800-2 800-2 S-d-35...... 700-1 700-1 700-1 S-n-35...... 700-2 700-2 700-2
Jtadar terminal transition altitudes: All bearings are from radar site within sector azimuths progressing clockwise. ** visual contact not established upon descent to authorized landing minimums or if landing not accomplished, Runway 17: Climb to 2600', proceed direct to Whitesburg RBn and enter holding pattern. Runway 35: Turn left, climb to 2600', proceed direct to ITS RBn and enter holding pattern. N otes: Authorized for military use only, except by prior arrangement. \ >»- Cautton: High terrain, 1.7 miles E of airport with tower elevation, 1371'; due terrain and towers In maneuvering areas, radar guidance will not be discontinued until the aircraft has either landed or climbed to designated altitude and crs on missed approach. City, Redstone Arsenal; State, Ala.; Airport name, Redstone AAF; Elev., 682'; Fac. Class, and Ident., Redstone Radar; Procedure No. 1, Arndt. 5; Eff. date, 4 June 66; Sup. Arndt. No. 4; Dated, 6 Mar. 65 These procedures shall become effective on the dates specified therein. (Secs. 307(c), 313(a), and 601 of the Federal Aviation Act of 1958; 49 U.S.C. 1348(c), 1354(a), 1421; 72 Stat. 749, 752, 775) Issued in Washington, D.C., on April 29,1966. C. W. Walker, Acting Director, Flight Standards Service. [F.R. Doc. 66-6338; Filed, June 7,1966; 8:50 a.m.]
No* 110 * 3 FEDERAL REGISTER, VOL. 31, NO. 110— WEDNESDAY, JUNE 8, 1966 8053 RULES AND REGULATIONS
It is further ordered, That the re representing In any manner the earn Title 16-COMMERCIAL spondent herein shall, within sixty (60) ings of persons completing respondents’ days after service upon him of this order, courses. PRACTICES file with the Commission a report in writ (4) Respondents have an effective ing setting forth in detail the manner placement service, maintain contact with Chapter I— Federal Trade Commission and form in which he has complied with employers of heavy equipment opera [Docket No. 8673] this order. tors, receive requests for heavy equip Issued: May 5,1966. ment operators or will actively assist PART 13— PROHIBITED TRADE persons completing respondents’ courses PRACTICES By the Commission. in obtaining employment as heavy equip Philip T. Berkley and [seal] J oseph W. S hea, ment operators; or misrepresenting in Secretary. any other manner the assistance fur Berkley Associates nished to persons completing their Subpart—Advertising falsely or mis [F.R. Doc. 66-6257; Filed, June 7, 1966; courses in obtaining employment. leadingly: § 13.60 Earnings and profits. 8:46 a.m.] (5) Persons completing respondents’ Subpart—Misrepresenting oneself and courses in heavy equipment operation goods—Goods: § 13.1615 Earnings and [Docket No. C-1064] will not be required to undergo ap profits, prenticeship training before becoming (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret PART 13— PROHIBITED TRADE qualified for employment as a heavy or apply sec. 5, 38 Stat. 719, as amended, 15 PRACTICES equipment operator. U.S.C. 45) [Cease and desist order, Berkley It is further ordered, That the respond Associates, San Diego, Calif., Docket 8673, Heavy Construction Schools of Illi ents herein shall, within sixty (60) days May 5, 1966] nois, Inc., and Mary_A. Neiman after service upon them of this order, file with the Commission a report in writing Consent order requiring a San Diego, Subpart—Advertising falsely or mis setting forth in detail the manner and Calif., commodity futures analyst, to leadingly: § 13.115 Jobs and employ- cease making false claims regarding his ployment service. Subpart—Misrepre form in which they have complied with advisory and managed accounts services senting oneself and goods—Goods: this order. or exaggerating the profits derived from § 13.1670 Jobs and employment. Issued: May 5,1966. their use. (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret By the Commission. The order to cease and desist, includ or apply sec. 5, 38 Stat. 719, as amended, 15 ing further order requiring report of U.S.C. 45) [Cease and desist order, Heavy [seal] J oseph W. S hea, compliance therewith, is as follows: Construction Schools of Illinois, Inc., et al., Secretary. It is ordered, That respondent Philip Chicago, 111., Docket No. C—1064, May 5, 1966] [F.R. Doc. 66-6258; Filed, June 7, 1966; T. Berkley, an' individual trading as Consent order requiring the operators 8:46 am.] Berkley Associates, or under any other of a Chicago, 111., correspondence school, name or names, and respondent’s agents, to cease making false employment, earn [Docket No. C-1067] representatives and employees, directly ings and other claims for its course for or through any corporate or other device, heavy construction equipment operators. pa rt 13— pr o h ib ited tr a d e in connection with the offering for sale, The order to cease and desist, includ PRACTICES sale or distribution of publications on ing further order requiring report of “Methods” or rules for dealing in com compliance therewith, is as follows: LeRoy Knitted Sportswear, Inc., et al. modity futures, or of advisory and man It is ordered, That respondents Heavy Subpart—Misbranding or mislabeling: aged accounts services for dealing in Construction Schools of Illinois, Inc., a § 13.1185 Composition: 13.1185-90 Wool commodity futures, or of any similar or corporation, and its officers, and Mary A. Products Labeling Act; § 13.1212 Formal related publications or services, in com Neiman, individually and as an officer regulatory and statutory requirements: merce, as “commerce” is defined in the of said corporation, and respondents’ 13.1212-90 Wool Products Labeling Act. Federal Trade Commission Act, do forth agents, representatives and employees, with cease and desist from: directly or through any corporate or (Sec. 6, 38 Stat. 721; 15 U.S.C. 46 Interpret a. Representing, directly or indirectly, or apply sec. 5, 38 Stat. 719, as amended, secs. other device, in connection with the of 2-5, 54 Stat. 1128-1130; 15 U.S.C. 45, 68) that respondent’s “Methods” or rules fering for sale, sale or distribution of [Cease and desist order, LeRoy Knitted have been in existence for as long as 15 courses of study and instruction in heavy Sportswear, Inc., et al., Los Angeles, Calif., years; or misrepresenting the extent, if equipment operation or any other sub Docket No. C-1067, May 17,1966] any, to which past experience suggests ject, trade or vocation, in commerce, as In the Matter of LeRoy Knitted Sports or demonstrates the validity of respond “commerce” is defined in the Federal ent’s “Methods” or rules. wear, Inc., a Corporation, and Samuel Trade Commission Act, do forthwith Scharf, Leon Scharf, and Roy Scharf, b. Representing, directly or indirectly, cease and desist from representing, di that any stated profits or earnings re Individually and as Officers of Said rectly or by implication, that: Corporation sulted from actual trades based on re (1) Upon completion of respondents’ spondent’s “Methods” or rules, or that courses, persons will be competent or Consent order requiring a Los Angeles, they could have been predicted on the fully-trained operators of the types of Calif., manufacturer, importer, and job basis of said “Methods” or rules, or were heavy equipment they have selected to ber of wool products to cease misbrand typical or could be expected generally be trained on; or misrepresenting in any ing wool sweaters and other wool prod by persons employing said “Methods,” other manner the training afforded by ucts. rules or services in the future. respondents’ courses. The order to cease and desist, includ c. Representing, directly or indirectly, (2) Persons completing respondents’ ing further order requiring report of that, the application of respondent’s courses in heavy equipment operation compliance therewith, is as follows: “Methods” Or rules in the managed ac will have immediate or unlimited oppor It is ordered, That respondents LeRoy counts service results in higher profits tunities for employment as a heavy Knitted Sportswear, Inc., a corporation, for customers than would be ordinarily equipment operator; or misrepresenting and its officers, and Samuel Scharf, Leon realized. in any other manner the opportunities Scharf, and Roy Scharf, individually and d. Misrepresenting in any manner, or for employment available to persons as officers of said corporation, and by any means, the profits or earnings completing respondents’ courses. respondents’ representatives, agents and derived by persons making use of re (3) Persons completing respondents’ employees, directly or through any cor spondent’s “Methods” or rules for deal courses in heavy equipment operation porate or other device, do forthwith cease ing in commodity futures or of respond and obtaining employment as a heavy and desist from introducing into com ent’s advisory service or managed ac equipment operator will thus be able to merce, or offering for sale, selling, trans counts service. earn $7,000 to $15,000 a year; or mis porting, distributing or delivering for
FEDERAL REGISTER, VOL. 31, NO. 110— WEDNESDAY, JUNE 8, 1966 RULES AND REGULATIONS 8059
shipment in commerce, wool sweaters to be transported in commerce, as “com that such compensation or consideration or any other wool products, as “com merce” is defined in the Flammable Fab is not made available by such supplier on merce” and “wool product” are defined rics Act; or proportionally equal terms to all of its in the Wool Products Labeling Act of (c) Transporting or causing to beother customers competing with respond 1939: transported, for the purpose of sale or ent in the sale and distribution of such 1. Which are falsely or deceptively delivery after sale in commerce; supplier’s products. stamped, tagged? labeled or otherwise any article of wearing apparel which, It is further ordered, That the respond identified as to the character or amount under the provisions of section 4 of the ent herein shall, within sixty (60) days of the constituent fibers contained Flammable Fabriqs Act, as amended, is after service upon it of this order, file therein. so highly flammable as to be dangerous with the Commission a report in writing 2. Unless each of such products has se when worn by individuals. setting forth in detail the manner and curely affixed thereto, or placed thereon, 2. Manufacturing for sale, selling, or form in which it has complied with this a stamp, tag, label or other means of offering for sale any article of wearing order. identification correctly showing in a apparel made of fabric, which fabric has Issued: May 19,1966. clear and conspicuous manner each ele been shipped or received in commerce, By the Commission. ment of information required to be dis and which under section 4 of the Act, as closed by section 4(a)(2) of the Wool amended, is so highly flammable as to be [seal] J oseph W. S hea, Products Labeling Act of 1939. dangerous when worn by individuals. Secretary. 3. To which is affixed a label wherein It is further ordered, That the respond the term “mohair” is used in lieu of the [F.R. Doc. 66-6261; Filed, June 7, 1966; ent herein shall, within sixty (60) days 8:47 a.m.] word “wool” in setting forth the re after service upon him of this order, file quired information on labels affixed to with the Commission a report in writing such wool products unless the fibers de setting forth in detail the manner and [Docket No. 8599 o.] scribed as “mohair” are entitled to such form in which he has complied with this designation and are present in at least PART 13— PROHIBITED TRADE the amount stated. order. It is further ordered, That the respond Issued: May 12,1966. PRACTICES ents herein shall, within sixty (60) days By the Commission. William H. Rorer, Inc. after service upon them of this order, file with the Commission a report in writ [seal] J oseph W. S hea, Subpart—Discriminating in price un ing setting forth in detail the manner Secretary. der section 2, Clayton Act—Price dis and form in which they have complied [F.R. Doc. 66-6260; Filed, June 7, 1966; crimination under 2(a) : § 13.730 Cus with this order. 8:47 a.m. ] tomer classification. (Sec. 6, 38 Stat. 721; 15 US.C. 46. Interprets Issued: May 17,1966. or applies sec. 2, 49 Stat, 1526; 15 U.S.C. 13) By the Commission. [Docket No. 0-1068] [Cease and desist order, William H. Rorer, Inc., Fort Washington, Pa., Docket 8599, May [seal] J oseph W. S hea, PART 13— PROHIBITED TRADE 9,1966] Secretary. PRACTICES [F.R. Doc. 66-6259; Filed, June 7, 1966; Order requiring a Fort Washington, 8:47 ajn.] Peck & Peck Pa., drug manufacturer, to cease giving ... Subpart—Discriminating in price un a discriminatory discount of 5 percent to der section 5, Federal Tirade Commission customers classified as “chain drug [Docket No. 0-1065] Act: § 13.892 Knowingly inducing or re stores” over the discount granted to in ceiving discriminating payments. dependent drugstores in violation of PART 13— PROHIBITED TRADE section 2(a) of the Clayton Act. PRACTICES (Sec. 6, 38 Stat. 721; 15 TJ.S.C. 46. Interpret The order -to cease and desist, includ or apply sec. 5, 38 Stat. 719, as amended, 15 Louis Leeds and Leeds Manufacturing U.S.C. 45) [Cease and desist order, Peck & ing further order requiring report of Peck, New York, N.Y., Docket C-1Q68, May compliance therewith, is as follows: Subpart—Importing, selling, or trans 19,1966] It is ordered, That respondent William porting flammable wear: § 13.1060 Im H. Rorer, Inc., a corporation, and its of porting, selling, or transporting flam Consent order requiring a New York ficers, representatives, agents and em mable wear. City wearing apparel chainstore to cease ployees, directly, indirectly, or through knowingly inducing or receiving discrim (Sec. 6, 38 Stat. 721; 15 U.S.O. 46. Inter any corporate or other device, in or in prets or applies sec. 5, 38 Stat. 719, as inatory promotional allowances from connection with the sale of prescription amended, 67 Stat. I ll, as amended; 15 U.S.C. its suppliers, in violation of section 5 of a n d nonprescription pharmaceutical 45, 1191) [Cease and desist order, Leeds the Federal Trade Commission Act. products in commerce, as “commerce” is Manufacturing, Bronx, N.Y„ Docket C-1065 The order to cease and desist, includ defined in the amended Clayton Act, do May 12,1966] ing further order requiring report of forthwith cease and desist from dis compliance therewith, is as follows: criminating, directly or indirectly, in the Consent order requiring a Bronx, N.Y., It is ordered, That respondent Peck & importer and manufacturer of sweaters price of such products of like grade and Peck a corporation, and its officers, em quality by selling to some purchasers at to cease importing, manufacturing or ployees, agents and representatives, di selling wearing apparel made from prices higher than the price charged to rectly or through any corporate or other any other purchaser who, in fact, com dangerously flammable fabrics. device, in or in connection with any pur The order to cease and desist, includ petes in the resale and distribution of chase in commerce, as “commerce” is respondent’s products with the pur ing further order requiring report of defined in the Federal Trade Commis compliance therewith, is as follows* chaser paying the higher prices. sion Act, of products for resale, do forth It is further ordered, That, in addition It is ordered, That the respondent with cease and desist from: Louis Leeds, an individual trading as to and apart from the provisions of the Inducing and receiving, receiving, or preceding paragraph, if respondent at Leeds Manufacturing, or under any other contracting for the receipt of, anything name, and respondent’s representatives, any time after the effective date of this of value from any supplier as compensa order institutes a price schedule whereby agents and employees, directly or- tion or in consideration for advertising through any corporate or other device, do it charges a different price for its prod forthwith cease and desist from: services or facilities furnished by or ucts to any person, group or class of its 1. (a) Importing into the United through respondent in magazines, news competing customers on the basis or in States; or papers, catalogs, brochures, enclosures, the belief that such difference in price is or mailing pieces in connection with the (b) Manufacturing for sale, selling, justified by savings to the respondent in offering for sale, introducing, delivering handling, sale or offering for sale of the cost of manufacture, sale or delivery lor introduction, transporting or causing products purchased from such supplier, to the members of such customer group when respondent knows or should know or class, respondent shall—
FEDERAL REGISTER, VOL. 31, NO. .110— WEDNESDAY, JUNE 8, 1966 8060 RULES AND REGULATIONS (a) Promptly notify the Federal Trade offering for sale, sale or distribution of Certificates to the public. The Associa Commission of the institution of such publications, including magazines and tion has guaranteed, in its corporate ca price schedules and submit to the Com paperback books, published, distributed, pacity, payment of principal and interest mission a written statement with neces sold or offer«! for sale by respondent un of Participation Certificates issued under sary underlying data in support of the less such payment or consideration is af the Small Business Obligations Trust. cost justification of such price dis firmatively offered and otherwise made (c) Ruling. It is our conclusion that crimination; and available on proportionally equal terms Participation Certificates in the Small (b) Adequately and regularly pub to all of respondent’s other customers Business Obligations Trust issued by licize to all customers that prices to some competing with such f avored customer in Federal National Mortgage Association, are higher than to others, together with the distribution of such publications, in as Trustee, are participations of, or is reasons and details of the price differ cluding magazines and paperback books. sued by, the Federal National Mortgage ences or discounts. The word "customer” as used above Association within the meaning of para It is further ordered, That the hearing shall be deemed to mean anyone who graph Seventh of 12 U.S.C. 24 and are, examiner’s initial decision, as above purchases from respondent, acting either therefore, eligible for purchase, dealing modified and as modified by the accom as principal or agent, or from a distrib in, underwriting, and unlimited holding panying opinion be, and it hereby is, utor, where such transaction with such by National Banks. adopted as the decision of the Com purchaser is essentially a sale by re Dated: June 3,1966. mission. spondent, acting either as principal or It is further ordered, That respondent. agent. [seal] J ames J. Saxon, William H. Rorer, Inc., shall within sixty It is further ordered, That the re Comptroller of the Currency. (60) days after service upon them of this spondent herein shall, within sixty (60) [F.R. Doc. 66-6277; Filed, June 7, 1966; order file with the Commission a report, days after service upon it of this order, 8:48 a.m.] in writing, setting forth in detail the file with the Commission a report in manner and form in which it has com writing setting forth in detail the man Chapter II—-Federal Reserve System plied with the order to cease and desist. ner and form in which it has complied with this order. SUBCHAPTER A— BOARD OF GOVERNORS OF Issued: May 9, 1966. THE FEDERAL RESERVE SYSTEM By the Commission. Issued: May 13, 1966. [Reg. D] By the Commission. [seal] J oseph W. S hea, PART 204— RESERVES OF MEMBER Secretary. [seal] J oseph W. S hea, BANKS [F.R. Doc. 66-6262; FUed, June 7, 1966; Secretary. Reserves Against'Funds Received by 8:47 a.m.] [F.R. Doc. 66-6263; Filed, June 7, 1966; Member Banks in Connection With 8:47 a.m.] Instalment Loans [Docket No. C-1066] § 204.111 Reserves against funds re PART 13— PROHIBITED TRADE ceived by member banks in connec tion with instalment loans. PRACTICES Title 12— BANKS AND BANKING (a) The Board of Governors has been Universal Publishing & Distributing Chapter I— Bureau of the Comptroller asked to re-examine its 1928 ruling that Corp. of the Currency, Department of the member banks must maintain reserves, Treasury in accordance with Federal Reserve Reg Subpart—Discriminating in price un ulation D (this Part 204), against hy der section 2, Clayton Act—Payment for PART 1— INVESTMENT SECURITIES pothecated "deposits” created by pay services or facilities for processing or sale REGULATION ments on instalment loans. under 2(d): § 13.825 Allowances for serv (b) It appears that in some States the ices or facilities. Federal National Mortgage Associa tion Participation Certificates books of commercial banks show as “de (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Inter posits” the funds that are paid by a bor prets or applies sec. 2, 49 Stat. 1526; 15 US.C. § 1.172 Federal National Mortgage As rower on an instalment loan, until the 13) [Cease and desist order, Universal Pub sociation Participation Certificates. loan is paid in full. The amounts re lishing & Distributing Corporation, New (a) Request. The Comptroller of the ceived are not immediately used to reduce York, N.Y., Docket C-1066, May 13, 1966] Currency has been requested to rule that the unpaid balance du on the note, but Consent order requiring a New York Participation Certificates in the Small are held by the bank until the sum of City publisher of paperback books and Business Obligations Trust, issued by the the payments equals the entire amount of magazines, to cease discriminating Federal National Mortgage Association, principal and interest. It is understood among its competing customers in pay as trustee, are eligible for purchase, that under the terms of the agreement ment of promotional allowances, in vio dealing in, underwriting, and unlimited between the banks and their customers lation of section 2(d) of the Clayton Act. holding by National Banks pursuant to the funds so received are assigned to the The order to cease and desist, includ paragraph Seventh of 12 U.S.C. 24. bank and cannot be reached by the bor ing further order requiring report of (b) Opinion. (1) Paragraph Seventh rower or his creditors. compliance therewith, is as follows: of 12 U.S.C. 24 provides that a National (c) In 1928, the Board first ruled that It is ordered, That respondent Univer Bank may, without limitations or re member banks must maintain reserves sal Publishing & Distributing Corpora strictions, deal in, underwrite, and pur against such hypothecated deposits. An tion, a corporation, its officers, represent chase for its own account participations interpretation to that effect was pub atives, agents and employees, directly or of, or issued by, the Federal National lished in 1931 (1931 Fed. Res. Bulletin through any corporate or other device, Mortgage Association. 538), and the Board has continued to in connection with the distribution, sale (2) Pursuant to the Participationadhere to that position. or offering for sale of publications, in Sales Act of 1966, which amended the (d) The Board has reconsidered its cluding magazines and paperback books, Federal National Mortgage Association earlier rulings and has decided that where in commerce, as “commerce” is defined Charter Act, the Administrator of the the agreement between the bank and in the amended Clayton Act, do forth Small Business Administration, as borrower is such that instalment pay with cease and desist from: trustor, and the Federal National Mort ments on loans are irrevocably assigned Paying or contracting for the payment gage Association, as trustee, have created to the bank and cannot be reached by of an allowance or anything of value di the Small Business Obligations Trust. the borrower or his creditors, such pay rectly or indirectly to, or for the benefit The Federal National Mortgage Associa ments are not “deposits” regardless of the of, any customer as compensation or in tion is authorized to act in a fiduciary terms used in relevant State statutes or consideration for any services or facili and representative capacity with respect in the bank’s books and records and, ties furnished by or through such cus to the trust and, in accordance with the therefore, are not subject to the reserve tomer in connection with the handling, trust indenture, to issue Participation requirements of this part.
FEDERAL REGISTER, VOL. 31, NO. 110— WEDNESDAY, JUNE 8, 1966 RULES AND REGULATIONS 8061
(e) The Board’s earlier rulings on this (a) By civilian and military person (ii) Providing directions and guidance subject are superseded to the extent that nel of the Defense Supply Agency under to Claims Investigating Officers in the they conflict with the conclusion ex Qi TTS P 940—94.9 Investigation and processing of claims. pressed herein. (b) Arising under 10 U.S.C. 2736 (P.L. (b) The Counsel, DSA (DSAH-G) is (Interprets or applies 12 U.S.C. 462) 87-769). responsible for: (c) Arising under the Federal Tort (1) Providing guidance to Counsel at Dated at Washington, D.C., this 25th Claims Act, 28 U.S.C. 1346(b), 2671-2680. DSA field activities on all claims and day of May 1966. ,j (d) In favor of the United States, other litigation matters within the purview of B oard of Governors of the than contractual, for loss, damage, or this Part 1250. F ederal R eserve S ystem , destruction of real or personal property (2) Receiving claims reports and in [seal] Merritt S herman, in the possession, custody, or control of formation on related litigation forwarded Secretary, the Defense Supply Agency. to HQ DSA, Attention: DSAH-G, and (e) Arising out of the operation of processing these in accordance with this [F.R. Doc. 66-6254; Filed. June 7, 1966; 8:46 ajn.] nonappropriated funds and related ac DSAR and appropriate Departmental tivities established pursuant to DSAR regulations. 1330.2 and DSAR 1330.4. (3) Maintaining this Part 1250 in a (f) By industrial employees for mone current status and reviewing it annually. tary restitution under the provisions of Title 32— NATIONAL DEFENSE Department of Defense Directive 5220.6. § 1250.6 Procedures. Chapter XII— Defense Supply § 1250.3 Scope. (a) Claims by military and civilian Agency This Part 1250 is applicable to HQ personnel of DSA for property lost or [DSA Reg. 5515.2] DSA and DSA field activities. damaged incident to service. (1) The Claims Investigating Officer PART 1250— INVESTIGATING AND § 1250.4 General. will conduct his investigation and pre PROCESSING CERTAIN NONCON (a) Policy. All claims within the pur pare all necessary forms and reports in TRACTUAL CLAIMS AND REPORT view of this DSAR, and all related liti accordance with the appropriate portions ING RELATED LITIGATION gation will be processed and reported in of AR 25—501 and AR 25—100, except accordance with these procedures and where the claimant is a member of the March 17,1966. referenced Departmental regulations. Navy or Marine Corps in which event the Part 1250 is added to Title 32 of the (b) Definitions— (1) Claims investi provisions of § 1250.1(h) will be followed. Code of Federal Regulations, reading as gating Officer. A military officer or ci (2) The completed report will be follows: vilian employee of DSA, appointed in ac forwarded by the Claims Investigating Sec. cordance with this Part 1250, to investi Officer-to one of the following activities 1250.1 References. gate and process claims within the pur for settlement: 1250.2 Purpose. view of this Part 1250. (i) Where the claimant is a DSA 1250.3 Scope. (2) Member of the Army, Member ofcivilian employee or a member of the 1250.4 General. the Navy, Member of the Marine Corps, Army; The Staff Judge Advocate for the 1250.5 Responsibilities. Member of the Air Force. Officers and Army Area in which the Claims Investi 1250.6 Procedures. enlisted personnel of these Military gating Officer is located. Au th o r ity : The provisions of this Part Services. (ii) Where the claimant is a member 1250 issued under 5 U.S.C. 22; 10 U.S.C. 125; § 1250.5 Responsibilities. of the Navy or Marine Corps; the cog DoD Directive 5105.22, Dec. 9, 1965. nizant adjudicating authority as listed § 1250.1 References.1 (a) DSA field activities. (1) Headsin § 1250.1(h) (paragraphs 2124 and of DSA primary level field activities are 2125). (a) AR 25-20,1 Oct 59, Subj: Investi responsible for: (iii) Where the claimant is a member gating and Processing of Claims. (1) Designating a qualified individual of the Air Force; the nearest Air Force (b) AR 25-30, 1 Oct 59, Subj: Claims under their command, preferably one ex Arising from Negligence of Military Per Staff Judge Advocate. perienced in the conduct of investiga (b) Claims incident to the use of Gov sonnel or Civilian Employees under the tions, as the Claims Investigating Officer Federal Tort Claims Act. ernment property not cognizable under for the activity. any other law (10 U.S.C. 2736; P.L. (c) AR 25-100, 1 Oct 59, Subj: Claims (ii) Authorizing Heads of subordinate87-769). of Military Personnel and Civilian Em activities to appoint Claims Investigating ployees for Property Lost or Damaged Officers where necessary. (1) The Claims Investigating Officer Incident to Service. (2) The Commander, DSA Adminis will conduct his investigation and pre . FEDERAL REGISTER, VOL. 31, NO. 110— WEDNESDAY, JUNE 8, 1966 8062 RULES AND REGULATIONS (in) A member of the Navy or Marine not have to be referred to the General be processed in the same manner as Corps. The District legal officer of the Accounting Office. claims under paragraph (a) of this sec Naval District in which the incident giv (2) If, at any stage of the processingtion by civilian personnel of DSA. ing rise to the claim occurred. of a claim under paragraph (d) of this (3) Tort claims in favor of non (iv) A member of the Air Force. Thesection, a claim is filed against the Gov appropriated fund activities and related Air Force Staff Judge Advocate nearest ernment arising out of the same inci litigation will be processed in accordance the place where the incident giving rise dent, or it becomes apparent that one with AR 230-8, section VI, and para to the claim occurred. will be filed, the claim under paragraph graph 14.3. (c) Claims under the Federal Tort (d) of this section will be treated as a (4) Appeals to the Armed Services Claims Act arising from negligence of counter-claim, and included under the Board of Contract Appeals from deci DSA military or civilian personnel. report filed in accordance with the ap sions of the contracting officer on non (1) The Claims Investigating Officer plicable section of this Part 1250. appropriated fund contracts will be will conduct his investigation and pre (e) Reporting legal proceedings: processed in thè same manner as appeals pare all necessary forms and reports in (1) All process and pleadings served under DSA appropriated fund contract. accordance with the appropriate portions on any personnel or activity of the De (g) Industrial security claims: Claims of AR 25-20 and AR 25-30. fense Supply Agency, and related to a for monetary restitution determined to (2) The completed report will be for claim covered by this Part 1250 or in be payable under DoD Directive 5220.6,1 warded by the Claims Investigating Offi volving an incident which may give rise paragraph Vc, will be forwarded by the cer to Counsel for his activity, or if his to a claim covered by this Part 1250, to board making the final favorable de activity has no Counsel to the next higher gether with other immediately available termination through HQ DSA, Atten echelon having such a position. data concerning the commencement of tion: DSAH-FI, to the U.S. Army Claims (3) The activity Counsel receiving the legal proceedings, will be promptly re Service, Fort Holabird, Md., 21219, for Claims Investigating Officer’s report will ferred to Counsel for the activity in payment. A copy of the board’s favor review the report and take all necessary volved, or, if the activity has no Counsel', able determination including a determi action to assure that it is complete and to the next higher echelon having such nation of the amount of restitution con in accordance with AR 25-20 and AR a position. sidered to be just and equitable will ac 25-30. He will forward the report to (2) Any Military Service member or company the claim. gether with his comments and recom civilian employee of DSA (or his personal By order of the Director. mendations to one of the following ac representative) against whom a domestic civil action or proceeding is brought for W illiam P aole, tivities for settlement. Where the in Colonel, U.S. Air Force, cident giving rise to the claim was oc damage to property, or for personal in Staff Director, Administration. casioned by an act or omission of: jury or death, on account of his operation (i) DSA civilian personnel or a mem or a motor vehicle (Government or pri [P.R. JDoc. 66-6256; Piled, June 7, 1966; ber of the Army. The Staff Judge Advo vately owned) in the scope of his em 8:46 a.m.] cate of the Army Area in which the in ployment (28 U.S.C. 2679) will: cident giving rise to the claim occurred.- (i) Upon receipt of process and plead (ii) A member of the Navy or Marine ings or any other information regarding Title 33— NAVIGATION AND Corps. The District legal officer of the the commencement of such action or Naval District in which the incident giv proceeding, immediately inform his com NAVIGABLE WATERS ing rise to the claim occurred. mander and Counsel as specified in this Chapter IV— Saint Lawrence Seaway (iii) A member of the Air Force. The paragraph (e). Development Corporation Air Force Staff Judge Advocate nearest (ii) Promptly deliver all process and the place where the incident giving rise pleadings served upon him, or an at PART 401— SEAWAY REGULATIONS to the claim occurred. tested true copy thereof, to Counsel. AND RULES (d) Tort Claims in favor of the United (3) Upon receipt of information or Miscellaneous Amendments States for damage to or loss or destruc process and pleadings pursuant to sub- tion of DSA property. paragraph (1) or (2) of this paragraph, The amendments contained herein (1) These claims will be investigated Counsel will promptly prepare the proc are of a miscellaneous nature and apply and processed in accordance with the ess reports in acordance with the appro to Subpart A—Regulations and Subpart provisions of AR 27-17 except: priate portions of AR 27-1, except that: B—Rules, of 33 CFR Part 401. The St. (i) The duties of the claims officer will (i) If the incident giving rise to the Lawrence Seaway Development Corpora be performed by the Claims Investigating litigation was occasioned by an act or tion is acting jointly with The St. Officer. omission of a member of the Navy or Lawrence Seaway Authority of Canada (ii) The duties of the staff judge advo Marine Corps, or a member of the Air in issuing these regulations, pursuant to cate will be performed by Counsel. Force, information and reports required provisions of the Corporation’s enabling (iii) The reports of the Claims Investi to be furnished The Judge Advocate Gen act (33 U.S.C. 981 et seq.). The present gating Officer will be furnished direct to eral of the Army will be furnished in amendments were first published in the Counsel for his activity, or if his activity stead to The Judge Advocates General of F ederal R egister on March 26, 1966, in has no Counsel to the next higher echelon the Navy and Air Force respectively. a notice of proposed rule making (31 F.R. 5018-5020). having such a position. (ii) If the incident giving rise to the Interested parties were permitted to (iv) With respect to reports referred litigation would be processed as a claim submit written comments, suggestions or to them, Counsel are authorized to give under subdivision (i) of this subpara objections with respect to the proposed receipts for any payments received and graph, the information and reports re changes and no objections having been to execute releases where payment in quired to be furnished The Judge Ad received, they are hereby adopted by the full is received. vocate of the Army will be furnished Corporation. (v) Where payment in full is not re instead to Counsel, DSA. Subpart A—Regulations and Subpart ceived after reasonable efforts have been (f) All claims and related litigationB—Rules of 33 CFR Part 401, as revised made to collect the claim administra arising out of the operation of non- by 28 F.R. 3754-62 and amended by 29 tively, Counsel will refer the case directly appropriated funds and related activities. F.R. 5034-35 and 30 F.R. 6580-81, are to the U.S. Attorney unless: (1) Claims and related litigation aris further amended as follows: (a) The amount of the claim exceeds ing from acts of omissions of employees I. The regulations of Subpart A con $5,000 in which event the case will be of nonappropriated funds will be proc cerning transit of the Seaway in § 401.3 referred to Counsel, HQ DSA. essed in the same manner as claims and dangerous cargo in § 401.9 are (b) The amount of the debt is less under paragraph extreme breadth of vessels transiting the lead aft and two shall lead ahead. On At all other Calling-In Points, vessels Seaway; and by revising § 401.9(a) to vessels in excess of 90 feet and up to 200 must report the name of the vessel and remove the necessity of obtaining the feet in overall length, two of the lines, its position, and it shall report its des “written permission of the Authority” one leading forward and one leading aft, tination, sailing draft and cargo only in for nonhazardous quantities of danger must lead from the break of the bow and the event that these have changed since ous goods; as follows: two, one leading forward and one leading the last report. aft, from the stern quarter. Lines shall § 401.3 Transit of the Seaway. not lead from the extreme bow or stem. § 401.103—5 Calling-in on entering at ***** Pairlead locations on vessels in excess of Montreal. (c) Subject to the regulations of this200 feet in overall length shall be in ac Vessels intending to enter the Seaway part, vessels exceeding 715 feet in overall cordance with Table 2—Location of at Montreal shall report the name of the length and 72 feet in beam, but not ex Fairleads, of this section. vessel, its position and its sailing draft, ceeding 730 feet in overall length and 75 ***** feet 6 inches in extreme breadth includ fore and aft, to the Montreal Harbor Dis ing fenders may, with special instruc T able 2—Location of F airleads patch Station. tions from the Authority, transit during IV. The rules of Subpart B respecting the navigation season. Overall length For mooring lines For mooring lines Transit Instructions, §§ 401.104-1 to of vessel in feet Nos. 1 and 2 Nos. 3 and 4 401.104-48, are amended by revising * ♦ * * * § 401.104-1 (navigation season) to 200 to 3 0 0 ...... Between 30 and Between 30 and change the closing date for main canals § 401.9 Dangerous cargo. 80 feet from the 80 feet from (a) No vessel, carrying dangerous stem. the stern. of the St. Lawrence River Section; by Over 300 to 400.. Between 40 and Between 50 and adding § 401.104-16 (on cargo booms) in cargo to which regulations made under 100 feet from 110 feet from the Canada Shipping Act or regulations the stem. the stern. the interest of safe navigation; and by Over 400 to 500.. Between 40 and Between 50 and^ revising § 401:104-17 (on preparing issued pursuant to the Dangerous Cargo 110 feet horn 130 feet from Act of the United States of America ap the stem. the stem. mooring lines for passing through) for Over 500 to 600.. Between 50 and Between 60 and clarification, as follows: ply, shall transit except in accordance 130 feet from 150 feet from with the requirements of such regula the stem. the stem. § 401.104—1 Navigation season. Over 600 to 730.. Between 60 and Between 70 and tions and in accordance with all direc 160 feet from 170 feet from tions given by the Authority. the stem. the stem. Unless in the opinion of the Authority ***** weather and ice conditions do not allow, navigation on the Seaway will open and n . The rules of Subpart B respecting §401.102—21 Rudder angle indicators. will close on the following dates in each Condition of Vessels, §§401.102-1 to year: 401.102-20, are amended by revising It is strongly recommended that vessels § 401.102-1 (on vessel diminsions) to be equipped with rudder angle indicators specify inclusion of permanent fenders located near the helm. Open Close in the extreme breadth limitation of § 401.102—22 Engine R.P.M. indicators. Welland and Third Welland Canals. Apr. 1 Dec. 15 vessels; by revising § 401.102-13 (on re Sault Ste. Marie Canal (Canada)— Apr. 4 Dec. 12 quirements for mooring lines and It is strongly recommended that vessels South Shore, Beauhamois, Wiley- winches) in order to add Table 2—Loca be equipped with engine R.P.M. indica Dondero, and Iroquois Canals__ Apr. 15 Dec. 3 tion of Pairleads following Table 1— tors located on the bridge. Lachine and Cornwall Canals____ — do___ Nov. 30 Mooring Lines and Winches, Minimum Requirements, and to make a consistent § 401.102—23 Gyro compasses. § 401.104—16 Cargo booms. change in paragraph (b) of this section; It is recommended that vessels be Vessels shall have cargo booms secured and by adding §§401.102-21 (rudder equipped with gyro compasses. in their housings during transit^ angle indicators), 401.102-22 (engine R.P.M. indicators), 401.102-23 (gyro § 401.102—24 Radar equipment. § 401.104—17 Preparing mooring lines compasses), and 401.102-24 (radar for passing through. equipment) as equipment being recom It is recommended that vessels be mended for vessels using the Seaway in equipped with radar. Before a vessel enters a lock, sufficient the interest of safe navigation in re lengths of mooring lines to reach the stricted channels, and § 401.102-25 (on § 401.102—25 Midship draft markings. mooring posts on the lock walls, shall be midship draft markings on vessels) to drawn off the winch drums and laid out It is strongly recommended that vessels on the deck. The eye of the mooring line assist judging the stability of vessels, as be marked on both sides with midship follows: shall be passed outward through the fair- draft markings. leads at the side to be ready for service. i n . The rules of Subpart B respecting § 401.102—1 Dimensions. Radio Communications, §§ 401.103-1 to V. The rules of Subpart B respect 401.103-8, are amended by revising ing Dangerous Cargo, §§401.105-1 to Vessels in excess of 730 feet in overall 401.105-8, are amended by revising length or 75 feet 6 inches in extreme §§ 401.103-4 (calling-in) and 401.103-5 breadth including permanent fenders, (calling-in on entering at Montreal) to § 401.105-1 (general conditions) for if any, shall not transit under any reduce radio reports by vessels to es clarification; and by revising § 401.105-7 circumstances. sential information, as follows: (on calling-in) to reflect the change in § 401.103-4, as follows: § 401.103—4 Calling-in. § 401.102—13 Requirements for moor« § 401.105—1 General conditions. ing lines and winehes. Vessels intending to or in transit must Vessels carrying fuel oil, gasoline, Minimum requirements with respect to report on the assigned frequency to the mooring lines and winches and with re designated station when opposite Call crude oil, or other flammable goods in spect to the location of fairleads on ves ing-In Points 2,7, and 15, when upbound, bulk, including empty tankers which are sels in excess of 200 feet in overall length and 16,14, and 10, when downbound, and not gas free, and vessels carrying are tabulated hereunder and are as except as provided hereunder, the fol dangerous goods to which regulations lowing information will be given: follows: made under the Canada Shipping Act, ***** Nam e of vessel. or to which the Dangerous Cargo Act of Position. (b) All vessels in excess of 90 feet in Destination. the United States of America or regula overall length shall be provided with four Sailing draft fore and aft. tions issued pursuant thereto, apply, mooring lines so positioned that two «Turn Cargo. shall be deemed to carry dangerous FEDERAL REGISTER, VOL. 31, NO. 110— WEDNESDAY, JUNE 8, 1966 8064 RULES AND REGULATIONS cargo, and they may transit only if all (c) Such other persons or classes of Chicago, Rock Island & Pacific Railroad persons as may be designated by the Co.; requirements of the statutes and regula Colorado & Southern Railway Co., The; tions cited and of §§ 401.105-2 to 401.105- Administrator. Fort Worth & Denver Railway Co.; 8 have been fulfilled. (72 Stat. 1114; 38 U.S.C. 210) Missouri-Hlinois Railroad Co.; § 401.105—7 Calling-in. Missouri-Kansas-Texas Railroad Co.; This VA Regulation is effective the date Missouri Pacific Railroad Co.; Vessels carrying any dangerous cargo of approval. St. Louis-San Francisco Railway Co.; shall report the nature of the dangerous Approved: June 2, 1966. Texas & Pacific Railway Co., The. cargo and the Seaway Explosives Permit By direction of the Administrator. (2) The term “boxcars” as used in this number, if applicable, in addition to the order means plain unequipped boxcars of other required information, when call [seal] Cyril F. B rickfield, 50 feet 6 inches or less inside length. ing-in as provided by § 401.103-4. Deputy Administrator. (3) The provisions of this order shall VI. The rules of Subpart B respect apply to intrastate, interstate, and for ing Toll Assessment and Collection, [F.R. Doc. 66-6275; Filed, June 7, 1966; 8:48 a.m.] eign commerce. §§ 401.106-1 to 401.106-10, are amended (b) Each common carrier by railroad by revising § 401.106-9 (on in-transit subject to the Interstate Commerce Act cargo) to remove ambiguous words, as shall observe, enforce, and obey the fol follows: lowing rules, regulations, and practices § 401.106—9 In-transit cargo. Title 49— TRANSPORTATION with respect to its car service: (1) Withdraw all boxcars described in Cargo which is carried both upbound Chapter I— Interstate Commerce paragraph (a) of this section from dis and downbound In the course of the Commission . tribution and return to owners empty same voyage shall be reported in the except as otherwise provided in subpara transit declaration, but this cargo may SUBCHAPTER A— GENERAL RULES AND graphs (2), (3), (4), and (5) of this be deemed to be ballast and not subject REGULATIONS paragraph. to toll assessment. [Rev. S.O. No. 985] (2) Boxcars defined in paragraph (a) (68 Stat. 93-97, 33 U.S.C. 981-990, as of this section available empty at a sta amended) PART 95— CAR SERVICE tion other than a junction with the owner may be loaded to stations on or via the S t. Lawrence S eaway D evel Distribution of Boxcars opment Corporation, owner, or to any station which is closer [seal] J oseph H. McCann, As a session of the Interstate Com to the owner than the point where loaded. Administrator. merce Commission, Railroad Safety and (3) Boxcars defined in paragraph (a) Service Board, held in Washington, D.C., of this section available empty at a junc [F.R. Doc. 66-6240; Filed, June 7, 1966; tion with the owner must be delivered 8:46 a.m.] on the 3d day of June, A.D., 1966. It appearing that there is presently a to the owner at that junction, either shortage of boxcars to meet current re loaded or empty. quirements on the railroads named in (4) Boxcars defined in paragraph (a) section (a) herein; that forthcoming of this section may not be backhauled, Title 38— PENSIONS, BONUSES, grain harvests will further greatly de or held empty more than 24 hours await plete an inadequate supply of boxcars; ing placement for loading for the purpose AND VETERANS'RELIEF that prompt and uninterrupted move of obtaining a load as authorized in sub- paragraphs (2) and (3) of this para Chapter I— Veterans Administration ment of grains from farms to terminals is essential to prevent spoilage and con graph. PART 17— MEDICAL sequent great economic loss; that con (5) A carrier named in paragraph (a) tinued movement of grains from termi of this section will handle boxcars of Interment in Veterans Administration nals to markets and to ports is essential other carriers named in that section un Cemeteries for the national economy and to enable der the provisions of subparagraphs (1), the nation to meet its foreign aid com (2), (3), and (4) of this paragraph and Section 17.200 is revised to read as mitments; that these railroads must also of paragraph (c) of this section. follows: continue to furnish boxcars to shippers of (c) No common carrier by railroad § 17.200 Interment in Veterans Admin other commodities in order to prevent subject to the Interstate Commerce Act istration cemeteries. the closing of industries and unemploy shall accept from shipper any boxcar de ment of their personnel; that present fined in paragraph (a) of this section for Burial is authorized in Veterans Ad regulations and practices with respect to movement contrary to the provisions of ministration cemeteries of the remains the use, supply, control, movement, dis paragraph (b) of this section. of the following: tribution, exchange, interchange, and (d) Effective date: This order shall (a) Any veteran (as defined in § 17.30 return of boxcars owned by these rail become effective at 12:01 a.m., June 6, (a)) who: roads are ineffective. It is the opinion 1966. (1) Dies while receiving hospital, of the Commission that an emergency . (e) Expiration date: This order shall domiciliary, or nursing home care in a exists requiring immediate action to pro expire at 11:59 p.m., July 3, 1966, unless Veterans Administration field station, or mote car service in the interest of the otherwise modified, changed, or sus (2) Dies in the immediate vicinity of public and the commerce of the people. pended by order of this Commission. a Veterans Administration field station Accordingly, the Commission finds that (Sec. 1, 12, 15, 24 Stat. 379, 383, 384, as having a cemetery, whose body is un notice and public procedure are imprac amended; 49 U.S.C. 1, 12, 15, 17(2). Inter claimed, whose relatives cannot be lo ticable and contrary to the public in prets or applies Sec. 1(10-17), 15(4), 40 Stat. cated, and for whom burial expenses are terest, and that good cause exists for 101, as amended 54 Stat. 911; 49 U.S.C. 1(10- payable under § 3.1600 of this chapter. making this order effective upon less 17), 15(4),17(2)) (3) Dies while receiving hospital care at Veterans Administration expense in a than 30 days’ notice. It is further ordered, That a copy of non-Veterans Administration hospital. It is ordered, That: this order and direction shall be served (4) Dies while receiving nursing home § 95.985 Revised Service Order No. 985. upon the Association of American Rail care at Veterans Administration expense roads, Car Service Division, as agent of in a public or private institution. (a) Distribution of boxcars; applicaall the railroads subscribing to the car (b) Any interred veteran’s unremar tion. (1) This order shall apply to box service and per diem agreement under cars owned by the railroads listed below: the terms of that agreement; and that ried widow, unremarried widower, minor notice of this order be given to the gen child or unmarried adult child who was Atchison, Topeka, and Santa Fe Railway eral public by depositing a copy in the physically or mentally disabled and in Co., The; Chicago, Burlington & Quincy Railroad office of the Secretary of the Commission capable of self-support, In the same grave at Washington, D.C., and by filing it with with the veteran. Co.; FEDERAL REGISTER, VOL. 31, NO. 110— WEDNESDAY, JUNE 8, 1966 RULES AND REGULATIONS 8065 the Director, Office of the Federal 50, Code of Federal Regulations, Part 32, thereto. Ten (10) copies of such replies, to and are effective through December 4, gether with proof of service thereof on the Register. petitioner and all other parties of record, 1966. shall be filed with the Under Secretary within By the Commission, Railroad Safety Cecil A. K ennedy, and Service Board. ten (10) days after the date the petition for Refuge Manager San Andres review is timely filed. Petitions for review [seal] H. Neil Garson, National Wildlife Refuge, and replies thereto shall be limited to the Secretary. Las Cruces, N. Mex. record before the Board. If a petition for review is filed within the time prescribed, [F.R. Doc. 66-6296; Filed, June 7, 1966; May 26,1966. a decision, report or order of the Board shall 8:49 a.m.] [F.E. Doc. 66-6264; Filed, June 7, 1966; be final fifteen (15) days after expiration of 8:47 a.m.] the time prescribed for filing a reply thereto unless the Under Secretary, prior to expira tion of the fifteen (15) days, enters a written Title 50— WILDLIFE AND order granting the petition for review. If Title 46— SHIPPING no petition for review is filed within the time FISHERIES prescribed, a decision, report or order of the Chapter II— Maritime Administration, Board shall be final twenty (20) days after Chapter I— Bureau of Sport Fisheries the date of service of the decision unless the Department of Commerce Under Secretary, prior to expiration of the and Wildlife, Fish and Wildlife twenty (20) days, enters a written order stat Service, Department of the Interior PART 202— PROCEDURES RELATING ing that he elects to review the action of the TO REVIEW BY UNDER SECRETARY Board. If upon any review the decision of PART 32— HUNTING OF COMMERCE FOR TRANSPORTA the Under Secretary rests on official notice of a material fact not appearing in the evi San Andres National Wildlife Refuge, TION OF ACTIONS BY MARITIME dence in the record, any party of record N. Mex. SUBSIDY BOARD shall, if request is made within ten (10) days after the date of service of the Under Secre The following special regulation is Part 202 is revised to read as follows: tary’s decision on said party, be afforded an issued and is effective on date of publica Sec. opportunity to show the contrary. The said tion in the F ederal R egister. 202.1 Purpose. ten (10) days shall constitute the period for 202.2 Time and place for filings. a “timely request” within the meaning of § 32.32 Special regulations; big game; 202.3 Form of petitions, requests and re section 7(d) of the Administrative Procedure for individual wildlife refuge areas. plies. Act. N ew Mexico 202.4 Petitions and requests for review— .02 The Under Secretary may on his own content. motion review all actions of the Maritime SAN ANDRES NATIONAL W ILDLIFE REFUGE 202.5 Replies and requests that review not Subsidy Board other than those referred to be exercised—content. in paragraph .01 of this section by entering Public hunting of deer (either sex) on 202.6 Grant or denial of review. a written order stating that he elects to re the San Andres National Wildlife Refuge, 202.7 Supplemental briefs. view the action of the Board. Any person N. Mex., is permitted from December 3 202.8 Oral argument. having an interest in any action of the Board 202.9 Decisions by the Under Secretary of under this paragraph shall have the privilege through December 4,1966, inclusive, only Commerce for Transportation. of submitting to the Under Secretary within on the area designated by signs as open 202.10 Petitions for reconsideration. ten (10) days after the date of such Board to hunting. This area, comprising 57,215 202.11 Ex parte communications. action, a request that the Under Secretary acres, is delineated on maps available at undertake such review. Such request shall Au t h o r ity : The provisions of this Part refuge headquarters, Las Cruces, N. Mex., 202 issued under sec. 204, 49 Stat. 1987, as be in writing and shall state the grounds and from the Regional Director, Bureau amended; sec. 204(b), Merchant Marine Act, upon which the person submitting the same of Sport Fisheries and Wildlife, Post 1936, as amended (46 U.S.C. 1114(b)); Re relies and his interest in the action for which Office Box 1306, Albuquerque, N. Mex., organization Plan No. 7 of 1961 (26 F.Ry7315). review is requested,. Ten (10) copies of such 87103. Hunting shall be in accordance requests shall be submitted to the Under Sec § 202.1 Purpose. retary. Any other person having an interest with all applicable State regulations cov in such matter shall have the privilege of ering the hunting of deer, subject to the The rules of this part prescribe pro submitting within fifteen (15) days after the following special conditions: cedures relating to Secretarial review of date of the Board’s action, a written request (1) Hunters must check in and out in any decision, report, order or action of that the Under Secretary not exercise such person at the check station at the junc the Maritime Subsidy Board (Board) review. Copies of request that the Under tion of U.S. 70 and Jornada road. The pursuant to Department Order 117-A.1 Secretary undertake or not exercise review check station will be open to allow Section 6 of Department Order 117-A is will be open for public inspection at the office of the Secretary of the Board. If either a hunters to start checking in during the reprinted here for the convenience of the request that the Under Secretary undertake late afternoon of December 2, 1966. public. review or a request that he not exercise re Time of entry to the hunting area will Sec. 6. Review and finality of actions by view is submitted within the time prescribed, be at the discretion of the conservation Maritime Subsidy Board. .01 The Under an action of the Board shall be final in ten officer in charge. Any entry permits re Secretary of Commerce for Transportation (10) days after expiration of the time pre quired by the military authorities will be (hereinafter referred to as “Under Secre scribed for submission of a request that re available at the check station. All tary”) may, on his own motion or on the view not be exercised unless the Under Sec hunters must check out no later than basis of a petition filed as hereinafter pro retary, prior to the expiration of the ten (10) 10 p.m., December 4,1966. vided, review any decision, report and/or days, enters a written order stating that he (2) No entry into the hunting area order of the Maritime Subsidy Board based elects to review the action of the Board. If on a hearing held pursuant to (a) statutory neither a request that the Under Secretary from the west will be permitted north of requirements or (b) Board order, by entering undertake review nor a request that he not the Rope Springs road. Hunters will a written order stating that he elects to re exercise review is submitted within the time also not be permitted to enter the east view the action of the Board; Copies of all prescribed, an action of the Board shall be side of the San Andres Range except at orders for review shall be served on all parties final in twenty (20) days after the date of the discretion of the conservation officer of record (which phrase includes the Board). such action unless the Under Secretary, prior in charge. Petitions for review under this paragraph to expiration of the twenty (20) days, enters (3) The conservation officer in charge may be filed by parties of record, shall be in a written order stating that he elects to re may ^restrict the number of hunters writing, and shall state the grounds upon view the action of the Board. Copies of all which petitioner relies. Ten (10) copies of orders for review shall be served upon the an^ one If required by such petitions for review, together with proof Board, and upon all persons filing requests the firing schedule, hunters will be of service thereof on all parties of record, as herein described. cleared from all areas whereon their 6haU be filed with the Under Secretary within .03 If a timely petition for reconsidera safety is endangered. fifteen (15) days after the date of the service tion is filed under the rules prescribed by The provisions of this special regula of the Board’s decision, report or order. Par the Board, the time for filing a petition or tion supplement the regulations which ties of record may file replies in writing request for review by the Under Secretary govern hunting on wildlife refuge areas under paragraph .01 or .02 of this section, respectively, or the entry of an order by the generally which are set forth in Title 1 See F.R. Doc. 66-6236, infra. Under Secretary on his own motion electing No. 110-----4 FEDERAL REGISTER, VOL. 31, NO. 110— WEDNESDAY, JUNE 8, 1966 8066 RULES AND REGULATIONS to review an action of the Board under para proper headings, concise, and free from graph .01 or .02 of this section, shall, in the (f) A conclusion, specifying with par case of actions under paragraph .01 of this irrelevant and unduly repetitious matter. ticularity the action which the submit section run from the date of service of the (e) It will not be necessary to reproting party believes the Under Secretary Board’s action and, in the case of actions duce the opinion of the Board. should take. under paragraph .02 of this section, run from the date of the Board’s action, finally dis § 202.4 Petitions and requests for re § 202.6 Grant or denial of review/ posing of the issues presented by the petition view— content. (a) A petition or request for review by for reconsideration. the Under Secretary of any decision, re .04 In computing any period of time un Petitions and requests for review shall der this section, the time begins with the contain in the order here indicated— port, order or action of the Board will day following the act, event, or default, and (a) A reference to the decision, re not be granted unless significant and im includes the last day of the period unless port, order or action of the Board; portant questions of over-all policy re it is Saturday, Sunday, or national legal holi (b) A concise statement of the interest quiring the Secretary’s attention are day, in which event the period runs Until the of the party submitting the paper; involved or there appears to be signifi end of the next day which is not a Saturday, (c) A concise summary statement of cant legal, policy, or factual error in the Sunday, or such holiday. The prescribed the case containing that which is mate Board’s action. time for action by the Under Secretary in a (b) The parties and the Secretary of proceeding in which additional days have rial to the consideration of the questions been added pursuant to the provisions of presented; the Board will be notified, by Order, of this paragraph shall be extended by the total (d) A listing of each of the grounds the Under Secretary’s decision to review of such additional days. upon which the party seeking review a case on his own motion, and of his de .05 Petitions and requests for review by relies, expressed in the terms and cir cision to review or to deny review of a the Under Secretary shall not be filed: cumstances of the case, each ground set case where a petition or request concern a. Unless the petitioner shall have first ex forth in a separate, numbered para ing review has been filed. hausted his administrative remedies (other (c) Promptly upon notice of a decision than a petition for reconsideration) before graph; the Maritime Subsidy Board; nor (e) The argument, generally amplify by the Under Secretary to review a case b. With respect to interlocutory decisions ing the material in paragraph (d) of this subject to review under section 6.01 of of the Maritime Subsidy Board in actions or -section and exhibiting clearly the points Department Order 117-A, the Secretary proceedings referred to in paragraphs .01 and of law, policy and fact being presented, of the Board shall certify to the Under .02 of this section. citing the authorities, statutes and other Secretary the complete record of the .06 The Under Secretary may, for good material relied upon. The argument proceeding before the Board and shall cause and/or in order to prevent undue should separately identify and treat each serve upon all parties a copy of such cer hardship in any particular case, waive or tification which shall adequately identify modify any procedural provision of this sec of the grounds upon which review is tion by written order. sought. In cases where reversible legal the matter so certified. The Secretary error is contended, a full legal argument of the Board shall further serve upon § 202.2 Time and place for filings. on the points concerned should be pre all parties a copy of any further com All petitions, requests and replies re sented. In cases where policy error is munication from the Board or Maritime lating to Secretarial review of Maritime contended, it should be pointed out what Administration on such a case. Subsidy Board actions shall be filed with policy of the Board is alleged to be wrong, § 202.7 Supplemental briefs. the Office of the Under Secretary of what is wrong with it and what policy Commerce for Transportation, Room the submitting party advocates as the If an order taking review is entered 5838, Department of Commerce. Such correct one. In cases where réversible by the Under Secretary, further briefs papers shall be filed in accordance with factual error is contended, the findings supplementing the arguments set forth the provisions of and within the time of fact alleged to be erroneous should be in the petitions and replies may be re periods prescribed by Department Order pointed out along with citations to the quested in cases where the Under Sec 117-A. record where appropriate. The party retary deems such to be appropriate and should further indicate precisely what it desirable. § 202.3 Form of petitions, requests and contends to be the correct findings of § 202.8 Oral argument. replies. fact, with supporting references; (a) All papers presented to the Under (f) A conclusion, specifying with par Generally, oral argument will not be Secretary, other than records, shall bear ticularity the action which the submit necessary. However, the Under Secre on the cover the name and post office ad ting party believes the Under Secretary tary reserves the right to schedule such dress of the party, and the name and should take. when he deems it desirable. address of the principal attorney or au § 202.9 Decisions by the Under Secre thorized representative (of any) for the § 202.5 Replies and requests that review tary o f Commerce for Transportation. party concerned. Certification shall be not be exercised— content. Decisions of the Under Secretary will made that service of the paper has been Replies and requests that review not made upon all parties of record (if any) be reached in accordance with appli be exercised shall contain in the order cable law and the evidence. Upon the and upon the Secretary of the Maritime here indicated— Subsidy Board. One copy of every paper determination of a case taken under re filed with the Under Secretary must in (a) A reference to the decision, report, view by the Under Secretary, a written addition bear at its close the hand order, or action of the Board; decision and opinion which states the written signature of the party or (b) A concise statement of the inter Under Secretary’s conclusions and an attorney. ests of the party submitting the paper ; - explanation thereof will be issued. (b) All papers presented to the Under (c) Where deemed necessary by the § 202.10 Petitions for reconsideration. submitting party, a concise summary Secretary, other than records, shall, un Petitions for reconsideration of de less they are fewer than 10 pages in statement of the case explicitly pointing out any inaccuracy or omission in the cisions by the Under Secretary in any length, be preceded by a subject index of case taken under review will be con the matter contained therein, with page statement of the other side, with refer ences to the record where appropriate; sidered, upon a showing of good cause, if references, and a table of the cases filed within ten (10) days of service of (alphabetically arranged), textbooks, (d) A listing of the reasons why review the Under Secretary’s decision. statutes and other material cited, with should not be exercised, each reason set references to the pages where they are forth in a separate, numbered para § 202.11 Ex parte communications. cited. graph; Oral or written communications with (c) Whenever a reference is made to (e) The argument generally amplify the Department concerning a matter a transcript, exhibit or other part of the ing the material in paragraph (d) of this subject to Secretarial review under sec record, such reference must be accom section and, in addition, specifically re tion 6.01 of Department Order 117-A, panied by a specific citation identifying plying to the points of law, policy and unless otherwise provided by law or by the document and indicating the relevant fact presented by the other side (each order, rule, or regulation of the Depart page number of the document concerned. stated separately) citing the authorities, ment, shall be deemed ex parte com (d) Papers filed with the Under Sec statutes, and other material relied upon munications and shall not be part of the retary should be logically arranged, with by the submitting party; record and shall not be considered in FEDERAL REGISTER, VOL. 31, NO. 110— WEDNESDAY, JUNE 8, 1966 RULES AND REGULATIONS 8067 making any recommendation, decision P roposed R ule it hopes to be able to increase its power or action; Provided, however, That this 2. The comments filed centered around to 250 watts in the event the rule is rule shall not apply to customary in three basic points; the merits of the adopted. In reply to this party, Tracy formal communications with Depart proposal with regard 'to new Class IV Broadcasting Co., licensee of KGFJ on ment counsel, including discussions di stations, whether or not the proposed 1230 kc/s, 250 w N and 1000 w D, states rected toward the development of a stip minimum power should apply to existing that it is required to reduce power to 100 ulation or settlement between parties ; Class IV stations operating with 100 watts when KPPC is on the air. Tracy communications of a nature deemed watts of power, and whether the pro does not oppose the proposed rule but proper in proceedings in U.S. Federal urges that if the rule is adopted that it posed rules should apply to pending ap either does not apply to existing share courts; and communications with De plications. With respect to the first partment counsel which merely inquire point, both consulting engineers opposed time stations operating with 100 watts as to procedures or the status of a pro or that if it is applied to share-time sta raising the minimum power to 250 watts. tions, authority for 250 watts operation ceeding without discussing issues or ex They submit that the use of 100 watts pressing points of view. Any written must be on a simultaneous basis. In may be the only means of providing another reply to KPPC, Buckley-Jaeger, communication subject to the above stations in communities which need stated rule received by the Department licensee of KGIL, San Fernando, Calif., them, that it permits greater flexibility on 1260 kc/s, 5 kw-DA-2, states that its shall be placed in the correspondence file in allocations, that it would implement of the case, which is available for public the desire of the Commission to halt the station must operate with its nighttime inspection. If an oral communication directional antenna during the hours in increase of new stations in suburban which KPPC operates in order to avoid subject to the above stated rule is re areas designed to serve the nearby met ceived, a memorandum setting forth the overlap of its 2 mv/m contour and the ropolitan areas, and that more cate 25 mv/m contour of KPPC. It requests substance of the conversation shall be gories of stations are needed rather than made and placed in the correspondence less in view of the strict allocation rules that in the event the proposed rule is file. recently adopted. They further chal adopted, existing stations will not be Dated: May 27, 1966. permitted to increase power unless the lenge the basic assumption by the Com new operation is in full compliance with Alan S. B oyd, mission that 100-watt AM stations are all applicable rules. Under Secretary of Commerce inefficient. The arguments advanced to 4. The Association on Broadcast for Transportation. show that the use of 100 watts is more Standards, Inc., is concerned that any [F.R. Doc. 66-6237; Filed, June 7, 1966; efficient than the proposed 250-watt action taken herein may have an adverse 8:50 a.m.] minimum include the following: More effect on stations on adjacent channels stations can be assigned on the basis of to the Class IV assignments and fears 100 watts, the ratio of service to inter that the Commission may declare as a Title 47— TELECOMMUNICATION ference radii for 100 watts compares matter of public policy that existing favorably with that for 250 watts, in the 100-watt stations may increase their Chapter I— Federal Communications FM broadcast service provision is made for 10-watt operation by noncommer power across-the-board. It urges that Commission cial educational stations, and the service the rules apply to new stations only and [Docket No. 16370; FCC 66-506] that applications from existing 100-watt radius of a 100-watt station on 1230 stations be acted upon solely with regard PART 73— RADIO BROADCAST kc/s, with an antenna radiation of 50 mv/m and a ground conductivity of 8 to the individual merits^ SERVICES mmhos is about the same as that for a P ending Applications Minimum Power Authorized for 250-watt Class II station on 1520 kc/s 5. There are five pending applications Class IV Stations with an antenna radiation of 90 mv/m which specify 100 watts power, two of and the same ground conductivity. 1. The Commission has under con which are for the community of Wilkes- sideration its notice of proposed rule ~ Existing S tations boro, N.C. (see order issued on Novem ber 26, 1965, FCC 65-1049), and one each making, FCC 65-1130, issued in this pro 3. One party, the licensee of a Class IV ceeding on December 17, 1965, and pub for Thurmont, Md., Ajo, Ariz., and Mon station, opposes the proposed increases roe, N.C. Two parties urge that pend lished in the F ederal R egister on De for existing stations or applications mi- cember 22, 1965 (30 F.R. 15811), inviting ing applications should be exempt from less a showing is made that, the technical the new rule since they are so few that comments on a proposal to raise the criteria prohibiting overlap contained in minimum permissible power for Class IV they will not decrease efficiency to the § 73.37 is included. This party points extent that the public interest would standard broadcast stations from 100 out that in the event a pending applica watts to 250 watts. The notice also suffer, that they were filed in reliance on tion for a 100-watt station is granted it the present rules, and there may be se pointed out that, in the event the pro would create substantial interference to posal is adopted, we would urge existing lected situations where a 100-watt sta its service area which could impair its tion would fill the need for a local sta 100-watt stations, which can do so in service and prove devastating to its sur conformance with the rules, to apply for tion. vival. Another existing 100-watt sta Conclusions increased power day and night. Com tion supports the proposal for existing ments were filed by several Class IV sta stations and urges that it would provide a 6. After careful consideration of all tion licensees, two applicants for 100 first nighttime service to many people the comments and data submitted in this watt stations, two engineering consul and that similar increases would result proceeding we are of the view that the tants, and an association of regional AM for the 5 Class IV stations which operate proposed rule to raise the minimum licensees.1 with 100 watts in communities with no power for" a Class IV station from 100 1 The parties who filed comments are asother broadcast station.2 The Pasadena watts to 250 watts, day and night, is in follows: Paul L. Cashion and J. B. Wilson, Presbyterian Church operates station the public interest and should be adopted. Jr., doing business as Wilkes County Radio, KPPC during specified hours with 100 We agree with the statement of some of applicant for a 100-watt station at Wilkes- the parties that the lower power may be bor.o, N.C.; Victor A. Leisner, applicant for a watts—6 a.m.-12 p.m. Sunday and 7 the only way in which Class IV stations 100-watt station a t Thurmont, Md.; Pasa p.m .-ll p.m. Wednesday on 1240 kc/s in can be added in certain communities. dena Presbyterian Church, licensee of KPPC, Pasadena, Calif. It agrees that 100-watt Pasadena, Calif.; Sea Island Broadcasting However, we must evaluate this against Corp., licensee of WSIB, Beaufort, S.C.; E. operation is inefficient and states that the detriments which flow from the pres Harold Munn, Jr., consulting engineer; ent rules which permit the assignment WBEJ, Inc., licensee of WBEJ, Elizabethton, 2 There are a total of 9 Class IV stationsof new 100-watt facilities and subsequent Tenn.; Buckley-Jaeger Broadcasting Corp. operating with 100 watts, six of which are power increases to 500 watts (daytime), of Calif., licensee of KGIL, San Fernando, fulltime operations with this power and notwithstanding the interference which Calif.; Association on Broadcasting Stand- three of which operate with 100 watts on is caused to existing facilities. The net ards, Inc., and Nathan Williams, consulting engineer. specified hours. Seven of these are the only result is that the interference caused AM stations in the community. usually outweighs any benefits which FEDERAL REGISTER, VOL. 31, NO. 110— WEDNESDAY, JUNE 8, 1966 8068 RULES AND REGULATIONS may be gained from the limited addi by making exceptions in their cases. erating on local channels with a power tional service provided. In addition, the There are only five such applications at of 0.25 kw, except those sharing time allocation of new 100-watt Class IV sta the present time and we do not believe with other stations may, upon notifica tions may offer an impediment to exist that the four stations which could be tion to the Commission and the Engineer ing 250-watt Class IV stations seeking a granted upon a finding that they would in Charge of the radio district in which daytime power increase to 1 kilowatt or otherwise serve the public interest, would they are located, operate at hours beyond to new Class IV stations in other com negate to a serious degree the objective those specified in their license. munities. The Commission concluded we are seeking to obtain from the pro 3. Section 73.41 is amended to read as at the time the rules were amended to posed rule changes. All of these were follows: raise the daytime power ceiling for Class filed prior to our proposal. IV stations from 250 watts to 1 kilowatt 9. Authority for the adoption of the § 73.41 Maximum rated carrier power; that this relaxation would bring more amendments adopted herein is contained tolerances. effective radio service to sizable seg in sections 4(i), 303(f) and 303(r) and The maximum rated carrier power of ments of the public and benefit Class IV 307(b) of the Communications Act of a transmitter shall be an even power stations to the maximum possible degree. 1934, as amended. step as recognized by the Commission’s It is evident, therefore, that the con 10. In view of the foregoing: It is or plan of allocation (250 watts, 500 watts, tinuance of an allocation system which dered, That effective July 11, 1966, Part 1 kw., 5 kw., 10 kw., 25 kw., 50 kw) and might hinder the accomplishment of 73 of the rules and regulations is shall not be less than the authorized this objective would not be desirable. amended insofar as minimum power au power nor shall it be greater than the Further, in most cases where a 100-watt thorized for Class IV AM stations is con value specified in the following table: station is proposed because a 250-watt cerned as set forth below. assignment would not be feasible, there 11. It is further ordered, That this Maximum is no lack of local service proceeding is terminated. rated Class of Maximum power authorized carrier 7. The arguments that the proposal Adopted: dime 2,1966. station to station power permitted is less efficient than the present rule to be are not supported by any facts or docu Released: June 3,1966. installed mentation. Adding more stations does F ederal Communications not necessarily mean more service to Commission,® Class IV .... 250, 500 or 1,000 watts_____ 1,000 more people. Our experience with TV Class H L __ 500 or 1,000 watts______1,000 [seal] B en F. Waple, 5,000 watts' 5.000 and FM allocations has led us to the Secretary. Class II___ 250, 500, or 1,000 watts. _ 1.000 conclusion that there is a point in which 5.000 or 10,000 watts 10,000 Part 73 is amended as follows: 25,000 or 50,000 watts . 50.000 the greatest service to the largest areas Class I____ 10,000 watts______10.000 and populations is provided and increas 1. In §73.21 paragraph (c) (1) is 25,000 or 50,000 watts 50,000 ing the number of stations (by shorter amended to read as follows: separations in TV or FM or by lower § 73.21 Classes of standard broadcast 4. In § 73.52 paragraph (b) is amend power in AM) soon results in “islands channels and stations. ed to read as follows: of service” and “oceans of interference.” * * * * * See discussion in report and order is § 73.52 Operating power; indirect meas (c) Local channel. * * * urement. sued on July 7, 1964, in Docket 15084, in (1) Class IV station. A Class IV sta which the present AM technical rules tion is a station operating on a local * * * * * were adopted. It is true that we per channel and designed to render service (b) * * > mit noncommercial educational FM primarily to a city or town and the sub stations with only 10 watts of transmit urban and rural areas contiguous there Factor Method of Maximum rated Class of ter power. However, these stations are to. The power of a station of this class (F) modulation carrier power amplifier intended to serve only an educational shall not be less than 0.25 kilowatt, and institution and the surrounding cam 0.70 0.25-1.0 kw .. not more than 0.25 kilowatt nighttime .80 puses, not a community of any appreci and 1 kilowatt daytime, and its service .35 Low Level___ 0.25 kw and over.. B able size. The example cited of the same area is subject to interference in accord .65 Low Level___ 0.25 kw and over.. BC 1 service range for a 100-watt station and ance with § 73.182. Stations which are .35 Grid...... 0.25 kw and over.. that for a Class II station is also not licensed to operate with 100 watts day or convincing. Much of the difference is 1 All linear amplifier operation where efficiency ap might continue to do so. proaches that of Class C operation. made up by the difference in frequency. * * * * * Further, since there is no ceiling to the • * • * • nighttime limitation of a Class IV sta 2. In § 73.23 paragraphs (c) and (e) are amended so as to delete the expres 5. In § 73.182 that portion of para tion and there is for a Class n station, graph (a) (4) preceding the Note, and the Class IV station’s service area at sion “0.1 kw or” from each so as to read as follows: paragraph (f) are amended as set forth night would be much smaller than that below. In paragraph (v) the Table is of the Class n . Hie fact that the ratio § 73.23 Time of operation of the several amended in Column 3 for Class of sta of the radii of the service to interference classes o f stations. tion IV to read: “0.25 kw (night), and signals for the 100 and 250 watts is the * * * * * 0.25 to 1 kw (day)”. same is also not significant. On balance, (c) Daytime permits operation during therefore, we are of the view that the § 73.182 Engineering standards of allo the hours between average monthly lo=- cation. new minimum power for Class IV sta cal sunrise and average monthly local tions should be 250 watts. sunset. Daytime stations operating on (a) * * * 8. As to existing stations which local channels with a power of 0.25 kw (4) Class IV stations operate on local operate with 100 watts, we stated in our may, upon notification to the Commis channels, normally rendering primary notice that we would urge such stations sion and to the Engineer in Charge of service only to a city or town and the which can do so in conformance with the radio district in which they are lo suburban or rural areas contiguous there the rules to seek increased power day cated, operate at hours beyond those to, with powers not less than 250 watts, and night. We did not intend to infer specified in their license. nor more than 250 watts nighttime and 1 kilowatt daytime (for restrictions on that such stations would be granted such * * * * ♦ increases automatically but that those daytime power of local stations located which could conform to the rules and (e) Specified hours means that thenear the Mexican border or in an area Communications Act and if otherwise exact operating hours are specified in within the State of Florida, see § 73.21 consistent with the public interest, would the license. (The minimum hours that (c)). Such stations are normally pro be considered favorably. We shall con any station shall operate are specified tected to the 0.5 mv/m contour daytime. sider such requests upon the merits of in §73.71.) Specified hours stations op- On local channels the separation required the individual application. With re for the daytime protection shall also de spect to pending applications, we believe 3 Commissioner Hyde dissenting; Commistermine the n ig h ttim e separation. that the public interest would be served sioner Cox concurring in part. Where directional antennas are employed FEDERAL REGISTER, VOL. 31, NO. 110— WEDNESDAY, JUNE 8, 1966 RULES AND REGULATIONS 8069 daytime by Class IV stations operating the case of a Class IV station assigned to would still be available in a large area to with more than 250 watts power, the a regional channel Curve A shall apply.) the east and south of that city and that separations required shall in no case be * * * * . * there are 23 other FM channels which less than those necessary to afford pro (Secs. 4, 303, 307, 48 Stat. 1066 as amended can be assigned to Idaho Falls for future tection, assuming nondirectional opera 47 TJ.S.C. 154, 303, 307) use, 10 of which could be used simul taneously, Eastern further states that tion with 250 watts. In no case will 250' [P.R. Doc. 66-6285; Piled, June 7, Ì966; watts nighttime operation be authorized 8:48 a.m.] any resulting interference to TV recep to a station unable to operate nondirec- tion in this area would have grave con tionally at 250 watts in the daytime. sequences to the people of Idaho Falls The actual nighttime limitation will be [Docket No. 16587, RM-896; PCC 66-504] since they receive no other service than calculated. PART 73— RADIO BROADCAST that provided by KIFI-TV and KID-TV, * * * * * the second television station in the mar SERVICES ket, and that it would result in competi (f) The signals necessary to render Table of Assignments, FM Broadcast tive Imbalance in the television situation primary service to different types of serv in this relatively small market. Finally, ice areas are as follows: Stations, Idaho Falls, Idaho Field intensity Eastern requests that the construction Area groundwave1 1. The Commission has before it forpermit of KGVM-FM be modified to City business or factory consideration its Notice of Proposed Rule specify the proposed channel in lieu of areas ______10 to 50 mv/m. - Making issued on April 15, 1966 (FCC Channel 223 with appropriate conditions. City residential areas___ 2 to 10 mv/m. 66-320) and published in the F ederal 3. KGVM-FM submits measurements Rural—all areas during R egister on April 20,1966 (31 F.R. 6065) purporting to show that its operation winter or northern inviting comments on a proposal to sub would not cause interference to recep areas during summer_0.1 to 0.5 mv/m. tion of KIFI-TV and states that observa Rural—southern areas stitute Channel 256 for 223 at Idaho during summer______0.25 to 1.0 mv/m. Falls, Idaho as follows : tions at homes nearest the transmitter indicate that no interference exists to the 1 See § 73.184 for curves showing distance to Channel No. color and other portions of the KIFI-TV various groundwave field intensity contours signals. Eastern questions both the for different frequency and ground conduc City tivities and § 73.183. equipment used and the results of the Present Proposed measurements as to their reliability and All these values are based on an ab validity. It repeats its request that sence of objectionable fading, either in Idaho Falls, Idaho------223,241 241,256 Channel 256 be substituted for Channel changing intensity or selective fading, the 223 at Idaho Falls and states that it is usual noise level in the area, and an ab The Notice was issued in response to a willing to reimburse KGVM-FM up to sence of limiting interference from other petition filed by Eastern Idaho Broad $1,000 and possibly more for reasonable broadcast stations. The values apply casting and Television Company (East costs stemming from the change in as both day and night but generally fading ern), the licensee of television Station signment. KGVM-FM states that it or interference from other stations limits KIFI-TV, Channel 8 at Idaho Falls. In would like to proceed on Channel 223 at the primary service at night in all rural addition to the subject petition (RM- its own risk but that in the event it is areas to higher values of field intensity 896) , Eastern also filed a Petition for Re considered that the operation on Channel than the values given. The Commission consideration of a construction permit 223 presents a problem, it is willing to will authorize a directive antenna for a granted to Golden Valley FM, Inc. shift to Channel 256. Class IV station for daytime operation (BPH-4908) for a new FM station in 4. After consideration of all the com only with power in excess of 250 watts. Idaho Falls on Channel 223, KGVM- ments and data submitted in this pro In computing the degrees of protection FM. In view of an agreement signed by ceeding we are of the view that the pro- which such antenna will afford, the radi both Eastern and KGVM-FM requesting posed substitution of Channel 256 for 223 ation produced by this antenna shall be deferral of action by the Commission on at Idaho Falls would serve the public in assumed to be no less, in any direction, the reconsideration request and other re terest. The change would eliminate the than that which would result from non lated pleadings, no action has been taken possibility of future interference to the directional operation, utilizing a single on the petition for reconsideration of the reception of one of the two TV signals element of the directional array, with KGVM-FM grant. in the community and would conform 250 watts. 2. The purpose of the subject petitionto our policy of making FM channel N o te: Standards have not been established is to remove the possibility of the inter changes announced in our Public Notice for interference from atmospherics or man ference petitioner feels is likely to occur of February 3,1966. made electric noise as no uniform method of to the reception of its TV station in the 5. Authority for the adoption of the measuring noise or static has been estab area of the FM transmitter due to the amendments contained herein is con lished. In any individual case objectionable fact that the second harmonic of the tained in sections 4(i), 303, 307(b), and interference from any source, except other FM signal (185.0 Mc/s) falls within the broadcast signals, may be determined by 316 of the Communications Act of 1934, comparing the actual noise interference re range of Channel 8 (180-186 M c/s). See as amended. produced during reception of a desired broad Information Bulletin FCC 65-130, dated 6. In view of the foregoing; It is or cast signal to the degree of interference, that February 19, 1965, and Public Notice, dered, That effective July 11,1966, § 73.- would be caused by another broadcast sig FCC 66-106, dated February 3, 1966. 202 of the Commission’s Rules, the FM nal within 20 cycles of the desired signal and Eastern fears that this interference will Table of Assignments,, is amended to having a carrier ratio of 20 to 1 with both be severe in this case since the TV station read, with respect to the community signals modulated 100 percent on peaks of is far (30 miles) from the center of pop named below, as follows: usual programs. Standards of noise meas ulation while the FM station is situated urements and interference ratio for noise are City Channel No. now being studied. much closer to the city (about 8 miles northeast) and near the populated area. Idaho Falls, Idaho-.______,____ 241,256 6. In § 73.189 paragraph (b) (2) (i) isIt cites the example of the interference 7. It is further ordered, That the out amended to read as follows: which was caused to reception of WILX- standing construction permit held by TV on Channel 10 at Lansing, Mich., Golden Valley FM, Inc., for Station § 73.189 ^ Minimum antenna heights or around the transmitter of WKFRr-FM on KGVM-FM on Channel 223 at Idaho field intensity requirements. Channel 243 at Battle Creek, Mich. Falls, Idaho, is modified, to specify op ***** Eastern urges that the proposed substi eration on Channel 256 subject to the (b) * * * tution of Channel 256 for 223 at Idaho following conditions: ( 2) * * * Falls will conform to the policy included (a) That the permittee shall submit to (i) Class IV stations, 150 feet or a in the February 3, 1966, Public Notice the Commission in writing by June 20, minimum effective field intensity of 150 since there will not result any loss of po 1966, its consent to the above modi tential FM service nor will it shift the fication. mv/m for 1 kilowatt (75 mv/m for 250 problem to any other community or tele (b) The permittee shall submit to the watts). (This height applies to a Class vision station. Eastern submits that Commission by June 20, 1966, all the IV station on a local channel only. In Channel 223, if deleted from Idaho Falls, technical information normally required FEDERAL REGISTER, VOL. 31, NO. 110— WEDNESDAY, JUNE 8, 1966 8070 RULES AND REGULATIONS for the issuance of a construction permit Kans., and is affiliated with the National ment to Colby would preclude the use of for operation on Channel 256, including Broadcasting Co.3 needed future assignments in other com any changes in antenna and transmis 3. As pointed out by petitioner, the munities.” sion line. requested assignment of Channel 4 to 7. The balance of KLOE’s opposition (c) The permittee shall cease anyColby will meet the Commission’s sepa argument is premised on the assumption further tests on Channel 223 or any ration requirements only if the trans the petitioner will be the applicant and other operation on this channel until mitter is located in an area approxi ultimately the licensee of the requested the station is ready to commence equip mately 17 miles west of the city.* MST Channel 4 facility. Thus KLOE observes ment tests on Channel 256. takes note of this in its statement which that Station KAKE-TV, Wichita, whose 8. It is further ordered, That this proit filed for this purpose, pointing out that signal will be rebroadcast by the proposed ceeding is terminated. it has consistently opposed proposals in station, is the licensee of AM stations at (Secs. 4, 308, 307, 48 Stat. 1066, 1082, 1083, derogation of the Commission’s mini Wichita and Garden City, Kans., and has as amended, sec. 316, 66 Stat. 717; 47 U.S.C. mum mileage separation requirements television translators at Great Bend, 154, 303, 307, 316) and taking the position that the re Russell, Herington, and Hays, Kans., quested assignment should therefore be and further, is applicant for Station Adopted: June 2, 1966. conditioned upon the aforesaid site loca KUPK, Garden City, a satellite operation, Released f June 3, 1966. tion meeting all spacing requirements. on Channel 13. Therefore, contends 4. In support of its request for the as KLOE, the operation of another TV F ederal Communications signment of Channel 4 to Colby petitioner satellite at Colby will enable a metro Commission,1 states that on the basis of discussions politan area station to control media of [seal] B en F. W aple, with the licensee of Station KAKE-TV, mass communication over a distance of Secretary. Wichita (KAKE-TV & Radio, Inc.), the several hundred miles between Wichita contemplated VHF station at Colby [F.R. Doc. 66-6286; Piled, June 7, 1966; and the Colorado border. Also, KLOE 8:49 a.m.] would be authorized to rebroadcast the claims, since the satellite station at Colby programs presented by Station KAKE- must rely for most of its revenues on TV—both the ABC network and also the what KAKE-TV will pay it for carrying [Docket No. 16185, RM-795; FCC 66-489] nonnetwork programs of interest in the its programs, the new station will be area. Petitioner states that the alloca virtually at the mercy of KAKE-TV, and PART 73— RADIO BROADCAST tion of a VHF channel to provide wide further, no one else will be in a position SERVICES area coverage in the Colby area is essen to purchase the station without the con tial for this arrangement and "‘ultimately sent of RAKE-TV to rebroadcast its pro Table of Assignments, Television to make possible the presentation of grams and receive an adequate compen Broadcast Stations, Colby, Kans. programs designed to meet local sation therefor. 1. The Commission has before it for needs *-* 8. In reply comments Colby addresses consideration its notice of proposed rule 5. ABC, in its supporting comments, itself to KLOE’s objections to the pro making released September 10, 1965 points out that Colby has no television posed satellite arrangement with KAKE- (FCC 65-782), in response to a petition station" or channel allocation and that a TV, noting that KLOE-TV is itself a of Colby Development, Inc.1“ (Colby), re third service for the area would provide satellite (of KAYS-TV) and indeed (un questing the assignment of Channel 4 essential competition; also, that it ap like petitioner) is a wholly owned satel to Colby, Kans. In addition to those of pears that there would be adequate eco lite. Colby also points out the incon petitioner, comments in support of the nomic support in the Colby area for the gruity of KLOE’s arguments against a request and the proposal herein have station assuming facilities comparable to new service in the Colby area in light of been filed by the American Broadcasting the two existing stations serving Colby, KLOE’s own efforts to obtain ABC pro Co. (ABC); comments in opposition a 60 percent sets-in-use factor and a 30 grams for the (Colby-Goodland) area. thereto by KAYS, Inc. (KLOE), licensee percent share of the audience, As to the economic arguments, Colby of Station KLOE-TV, Goodland, Kans. 6. In its comments opposing the pro states that KLOE has not attempted to posed assignment, KLOE questions the The Association of Maximum Service make an economic study or to determine economic feasibility of another television the support which the area could pro Telecasters, Inc. (MST), filed a state station in the sparsely populated Colby vide a Colby facility, and further, that ment concerning the transmitter site lo area, inasmuch as both stations—KLOE- the Commission will review the financial cation of the proposed facility. TV and a Channel 4 facility—would be feasibility when acting on an applica 2. Colby, with a population of 4,210, is serving the same general area, stating tion for the facility. located in a rather sparsely populated that “* * * KLOE-TV could weU be forced to curtail some .of its efforts in Conclusion area in the northwestern part of Kansas. providing and expanding its local live 9. It is of course true that the Com It is the largest community and county services * * KLOE also states that mission does follow a policy designed to seat of Thomas County, which has a the allocation of an additional VHF- encourage the development of UHF. population of 7,358.a Colby has no tele channel in this area of flat terrain would However, in this case there is no demon vision service of its own and no channel be contrary to the Commission’s policy strated or apparent demand or interest of furthering UHF development and also in a UHF channel in the Colby area at assignment at the present time. How observes that “* * * since this channel ever, it is within The Grade A contour of this time, and similarly, although it is can be used in other communities in a obviously true that the requested channel Station KLOE-TV (Channel 10), Good- very large area which do not have any could also be assigned in areas which land, Kans., and the Grade B contour AM or TV stations, the proposed assign- have no stations, KLOE does not indicate of Station, KOMC-TV (Channel 8), any specific city in this general area McCook, Nebr. Station KLOE-TV is op 8 Part of the area which would be served where there is in fact a demand or po erated as a satellite of Station KAYS- by the proposed facility on Channel 4 is also tential demand for the channel. In any within the Grade B contour of Station case, there is now a request and a case TV, Hays, Kans., and is affiliated with KHPL—TV (Channel 6), Hays Center, Nebr. the Columbia Broadcasting System. (which is a satellite of KHOL-TV, Kearney, made for the VHF channel assignment Station KOMC-TV is operated as a Nebr., and is affiliated with the ABC net for Colby. While it is of course im satellite of Station KARD-TV, Wichita, work). However, this area does not extend possible to finitely predict the financial to Colby. success or viability of a new station, we * Petitioner states that there is a relatively 1 Commissioner Cox dissenting. large area at this location where it could op believe the economic facts here provide la According to petitioner, it is a corpora erate and provide the required city grade a sufficient basis for making the channel tion formed by a group of local businessmen service to Colby. (The standard reference available. Beyond this, the arguments to stimulate the development of Colby and point at Colby for a Channel 4 assignment surrounding area. is short spaced as to Station KHTL-TV, of the opposition in this regard are spec 2 All population figures—1960 U.S. Census. Channel (4) Superior, Nebr. ulative, and largely irrelevant in this FEDERAL REGISTER, VOL. 31, NO. 110— WEDNESDAY, JUNE 8, 1966 RULES AND REGULATIONS 8071 Broadcast Stations; Carrollton, Ky., proceeding.* Similarly, all pertinent Channel No. questions concerning specific program Columbia, Tenn., San Clemente and ing plans and capabilities of the peti Lancaster, Calif.; Providence, R.I., Salt City tioner and any other party who might Present Proposed apply for a construction permit for the Lake City and Toole, Utah, Carroll, Denison Broadcasting Co. channel would be considered and decided Cherokee, and Algona, Iowa, Nacog (KDSN, Denison, Iowa): in a licensing proceeding rather than in doches and Lufkin, Tex., Charleroi and Denison, Iowa______296A 200 Northwest Broadcasting Co. this rule making proceeding. Uniontown, Pa., Clarksburg, Fairmont, (KVFD, Fort Dodge, 10. In view of the foregoing, we are of Iowa): Fort Dodge, Iow a... 221A, 233 221A, 233, Morgantown, and New Martinsville, 291 the view that the public interest, con North Central Iowa Broad venience and necessity would be served W. Va., Denison, Iowa, Immokalee, Fla., casting Co. (KSMN, by the assignment of Channel 4 to Colby, Mason City, Iowa): New London, Neenah-Menasha, and Mason City, Iowa_____ 252A 252A, 260 Kans. In view of the foregoing: It is Austin, Minnesota_____ 260 291 ordered, effective July 11, 1966, that the Green Bay, Wis., Mason City, Iowa, and RM-808, RM-817, RM-837, RM-825, Table of Assignments contained in 2. In view of the spacings between § 73.606 of the Commission’s rules and RM-838, RM-841, RM-844, RM-918. these communities, Channel 290 and regulations is amended insofar as the 1. The Commission has before it forChannel 291 cannot be assigned to Deni community named is concerned, to read son and Fort Dodge, respectively, and as follows: consideration its Further Notice of Pro posed Rule Making, FCC 66-191, issued Channel 291 cannot be assigned to both City Channel No. Fort Dodge and Austin, Minn. _In order Colby, Kans_;______4 Austin, Minn.; Docket No. 16212, RM- to meet the required minimum separa 11. This assignment is made on the 818, RM-819, RM-816, RM-830, RM-822, tions, Channel 291 at Austin would have basis that any applicant for this channel in this proceeding on February 28, 1966 to be located to the south of the city. will utilize a transmitter site which will (31 F.R. 3348) and all the comments and Thus, either Channel 291 can be assigned meet the Commission’s mileage separa to Fort Dodge alone or Channel 290 can tion requirements and otherwise comply data filed in response thereto. The fur be assigned to Denison and Channel 291 with the Commission’s rules. ther notice was intended to dispose of the to Austin at a location out of town (with 12. Authority for this action is con last remaining matter in the subject pro 260 for Mason City). The communities tained in sections 4(i), 303, and 307(b) of involved in the requests and the per the Communications Act of 1934, as ceeding and invited comments on three tinent data concerning them are as amended. conflicting proposals as follows: follows: 13. It is further ordered, That this proceeding is terminated. Population Present assignments (Sec. 4, 48 Stat. 1066, as amended; 47 U.S.C. City Proposed FM assignments 154. Interpret or apply secs. 303, 307, 48 Stat. City County 1082,1083; 47 U.S.C. 303, 307) AMFM Adopted: June 2,1966. Denison______4,930 18,669 296A 290(0) 28)399 47,810 221A, 233 221A, 233(C), 291(C) Released: June 3,1966. One Class TV .. Mason C ity.. ______30,642 49,894 262A 262A, 260(C) F ederal Communications One Class IV_ . .. . Commission,* [seal] B en F. Waple, 27,908 48,498 260 291(C) Secretary. [F.R. Doc. 66-6287; Filed, June 7, 1966; All of the cities are the largest in their times larger than Denison and is grow 8:49 a.m.] respective counties and are the county ing at a greater rate, that it is the hub seats. of a large trading area and focal point 3. In support of its request for a Class for medical, educational, cultural and [Docket No. 16212; FCC 66-490] C assignment (Channel 290) in lieu of religious interests in the surrounding its present Class A assignment (Channel area, and that it would provide competi PART 73— RADIO BROADCAST 296A), Denison points out that it is lo tive equality with the other Class C as SERVICES cated in the center of a rural area and signment in the city. Northwest further that it is quite distant from any substan argues that Fort Dodge is also the center Certain FM Broadcast Stations; tial centers of population. Denison is of a large rural area and is far removed Table of Assignments about equidistant (approximately 65 from large cities and so is deserving of In the matter of amendment of miles) from Fort Dodge, Sioux City, a second Class C assignment. § 73.202, Table of Assignments, FM Iowa, and Omaha, Nebr., all of which 5. North Central points out that Mason have Class C assignments. There are in City is the largest of those under con addition Class C assignments at Storm sideration in this proceeding, and that * The leading cases on economic injury, Lake (43 miles) and at Carroll (23 miles). the county is also the largest of the coun Carroll Broadcasting Co. v. FCC (258 F. 2d A station operates at Storm Lake and an ties. It submits that Mason City is the 440) and Sanders Brothers Radio Stations v. application has been filed for the Carroll commercial center of a rich farming, FCC (309 U.S. 470) were both cases involving assignment. Petitioner states that the license applicants. In any case, the Com dairying, and stock-raising region, and mission has stated (Carroll Broadcasting) area of the six adjoining counties are has many industrial and commercial es that “* * * the burden of proceeding with without any local broadcast or television tablishments. It urges that Channel 260 the introduction of evidence and the burden stations. With respect to the Fort is the only available Class C assignment of proof as to this issue (i.e., whether a grant Dodge-Mason City conflict, Denison urges which can be made to Mason City with of the application would result in such eco that the proposal to add a Class C to out extensive changes in the FM Table nomic injury as would impair the protes- Mason City would equalize the FM as and that it can be made with but the tant’s ability to continue serving the public) signments to these communities,. with shall be on the protestant * * Further substitution of Channel 291 to Austin, more, the courts stated in Carroll Broad one Class A and one Class C to each. It and that the proposal would best fulfill casting that “* * * private injury is by no therefore supports the Mason City re the statutory mandate of equitable and means always, or even usually reflected in quest as well as its own. efficient distribution of frequencies. public detriment. Competitors may severely 4. Northwest opposes the assignment Finally, it states that the transmitter for injure each other to the great benefit of the of Channel 290 to Denison and urges the Channel 291 at Austin would have to be public * * assignment of Channel 291 to Fort Dodge. located about 2 to 3 miles south of the * Commissioner Lee absent. It submits that Fort Dodge is over five city but that one of the AM stations and FEDERAL REGISTER, VOL. 31, NO. 110— WEDNESDAY, JUNE 8, 1966 8072 RULES AND REGULATIONS the television station are located about Dodge. It is the largest community of would be able to serve 125,000 persons. 2.5 miles south of Austin. the three, is located in the county with Both the petition and subsequent in 6. Minnesota-Iowa Television Co., li the largest population, and is similarly formal comments indicate that a UHF censee of Stations KAUS(AM) and situated with respect to large cities and channel would not be used. The Be KMMT(TV), Austin, Minn., opposes the metropolitan areas. The assignment of midji City Council adopted a resolution substitution of Channel 291 at Austin for Channel 291 to Mason City would give opposing the rule making because it Channel 260. It points out that the as that community one Class C and one would seriously jeopardize the possibility signment of Channel 291 to Austin would Class A assignment, retain a Class C and of future commercial television broad require the location of a site about 22 Class A in Fort Dodge, and retain a Class casts originating in the city of Bemidji. miles south of Austin, due to the assign A assignment in Denison. We believe There is no indication, however, that ment of Channel 292A at River Palls, Wis. that this arrangement would be the most anyone intends to apply for a commercial (apparently overlooked by the proponent equitable distribution of available fre station on Channel 9. of Channel 260 for Mason City). Min quencies in spite of the mixing of Class 3. Numerous letters and other commu nesota-Iowa submits that this assign A and C assignments, which we believe nications have been received from edu ment would not be suitable for Austin but to be warranted in this case. Finally, cational and public-spirited organiza since the location of a site would be closer the changes adopted would retain a more tions indicating that they are ready, will to Mason City than to Austin, would be suitable assignment for the city of ing, and able to proceed with the con more appropriate for the latter. The Austin. struction of. an ETV station on Channel engineering showing attached to these 8. Authority for the adoption of the 9 and that programing will be avail comments indicates that Channel 291 amendments contained herein is con able. The principal communication of can be located in the city of Mason city tained in sections 4(i), 303, and 307(b) this sort is from the Twin City Area ETV itself as well as in Fort Dodge. Minne of the Communications Act of 1934, as Corp. which states that it has formally sota-Iowa further states that the com amended. been requested to act for the Bemidji ments of Denison and North Central are 9. In view of the foregoing; it is or area schools to apply for a construction made on the basis that a substitute chan dered, That effective July 11, 1966, permit and Department of Health, Edu nel (291) can be assigned to Austin but § 73.202 of the Commission’s rules, the cation, and Welfare funds, while funds urges that this is not so since the trans FM Table of Assignments, is amended are already available to interconnect mitter for its use would have to be about to read, with respect to the community with the Minnesota ETV network and 22 miles south of Austin in view of the named below, as follows: permit full programing immediately. assignment of Channel 292A to River City Channel No, The apparent intention is to take these Palls, Wis., and the application which Mason City, Iowa______252A, 291 steps promptly to activate a station on was recently filed for this assignment. Channel 9. Twin City Area ETV Corp. It submits that in the event Channel 260 10. It is further ordered, That this also stated that it is organizing a staff for is retained in Austin, it will file an appli proceeding is terminated. the station and making program plans. cation for its use. In its reply comments (Sec. 4, 48 Stat. 1066, as amended; 47 U.S.C. 4. Other comments indicate that many North Central alters its request and sup 154. Interpret or apply secs. 303,307, 48 Stat. organizations will help develop, use, or ports the proposal to assign Channel 291 1082, 1083; 47 U.S.C. 303, 307) financially support the station. In to Mason City. It urges that this assign Adopted: June 2,1966. cluded are: Minnesota Education Asso ment, while it would preclude the assign ciation; Minnesota Adult Education As ment of Channel 290 to Denison and 291 Released : June 3, 1966. sociation; Clearbrook Public School; to Fort Dodge will lead to the most equi F ederal Communications Beltrami County Schools; Independent table and efficient distribution of fre Commission 1 School District No. 601; Laporte Public quencies. It contends that, because of [seal] B en F. W aple, Schools; Bemidji Area Council on Chil the size and importance of Mason City to Secretary. dren and Youth; Bi-County Community the natural market area around it, a [F.R. Doc. 66-6288; Filed, June 7, 1966; Action Program; Beltrami County Wel Class C facility is necessary to serve the 8:49 am.] fare Department; Indian Education market, that it merits a first Class C as Unit, State Department of Education; signment before the smaller city of Fort Lions American Legion, and other simi Dodge merits a second such assignment, [Docket No. 16467, RM-874; FCC 66-488] lar groups. and before Denison, a small, rural com PART 73— RADIO BROADCAST 5. AMST is concerned with the mileage munity, merits a first Class C channel. separation of a station on Bemidji’s 7. In the Further Notice the Commis SERVICES Channel 9 to Station KMSP-TV, Chan sion was presented with three conflict Table of Assignments, Television nel 9, Minneapolis, Minn. There is a ing requests for a first Class C assign Broadcast Stations, Bemidji, Minn. slight short-spacing from the Bemidji ment in Denison (Channel 290), a sec reference point to KMSP-TV’s present ond Class C in Fort Dodge (Channel 291), 1. The Commission has before it for site and slightly more to the proposed and a first Class C in Mason City (Chan consideration the proposal to amend the transmitter site which is in hearing in nel 260), The third proposal would re Television Table of Assignments (§ 73.606 part because of FAA’s objections to the quire that Channel 291 be substituted for of the Commission’s rules and regula tall towers at the proposed Minneapolis Channel 260 at Austin, Minn. The rec tions) to reserve Channel 9, already as antenna farm (see Docket Nos. 15841, ord discloses (and none of the parties re signed to Bemidji, Minn., for noncom 15842, and 15843). In the notice, we fute this) that Channel 291 would not be mercial use.1* stated that we need not defer acting a satisfactory substitute for Channel 260 2. As our notice pointed out, Bemidji on the Bemidji proposal, since it would at Austin in view of the need to place is centrally located in the north central suffice to provide a condition that the the site about 22 miles south of the city. part of Minnesota in a rattier sparsely Bemidji station’s transmitter site com In fact, this would place the site much populated area.® There is little direct ply with the mileage separation require closer to Mason City than to Austin and, television service with some service from ments to KMSP-TV’s proposed site. for this reason, it is proposed that Chan translators and CATV. There is no edu AMST suggests that the Commission nel 291 be assigned to Mason City, where cational television service, and an ETV “explicitly declare that the transmitter it can be used in the city itself. We are station on Channel 9 with maximum of any station (on Channel 9 at Bemidji) of the view that the North Central pro power and 1,066-foot antenna height be required, in particular, to meet mile posal to assign Channel 260 to Mason age separation requirements to KMSP- 1 Commissioner Lee absent. TV’s site, whether on the Foshay Tower City should be rejected. However, we ls Channel *26, assigned by the Fifth Re are also of the view that Mason City port and Order in Docket No. 14229, would (present location) or at another loca merits the assignment of a first Class C become a commercial channel. tion that the Commission may ultimately assignment in preference to Denison and 2 Bemidji’s population is 9,958 (1960 Cen authorize.” AMST seems to suggest that it merits this assignment as against sus) , and Beltrami County in which Bemidji that action on the application for a second Class C assignment to Fort is located has a population of 17,287. Bemidji’s Channel 9 station be held in FEDERAL REGISTER, VOL. 31, NO. 110— WEDNESDAY, JUNE 8, 1966 RULES AND REGULATIONS 8073 abeyance pending resolution of problems ford for commercial use were filed by is a VHF market and furthermore the as to KMSP-TV’s proposed site at the American Broadcasting Co. (ABC). terrain in the area is extremely rough Minneapolis antenna farm or any other Comments in support of the Oregon and mountainous and thus a UHF fa location that may ultimately be author Board request for allocation of Channel cility cannot provide adequate coverage ized. We do not believe that such ac 8 to Medford for noncommercial educa to the areas sought to be served in the tion is necessary or required. However, tional use were filed by National Associ southern section of the State. Petitioner in the light of KMSP-TV’s application ation of Educational Broadcasters also states that with Channel 8 it could to change transmitter site, which is also (NAEB). T & R filed comments and utilize certain VHF equipment which it is the location of the antenna farm, we reply comments and Oregon Board filed now replacing, and that it would be in a would expect any application for the comments in support of their requests. position to make prompt utilization of Bemidji channel to meet the separation In addition to the foregoing, comments the VHF channel there.* requirements to the existing site or the were filed by Everett A. Faber on alleged 4. In its reply comments, T & R states proposed KMSP-TV site.3 comments attributed to him by James L. that “ * * * the overwhelming ma 6. We conclude that the public in Hutchens (T & R) regarding educational jority of channel assignments projected terest, convenience, and necessity would television and Oregon Broadcasting in the Oregon Board’s plan were UHF be served by reserving Channel 9 at Company cable systems in southern Ore channels * * *,” and points out that the Bemidji, Minn. gon, and supplemental reply comments plan suggested that allocation of Chan 7. Authority for the amendment in response thereto were filed by T & R.1 nels 8, 25, or 48 for noncommercial edu adopted herein is contained in sections 2. Medford, with a population of cational use at Medford; also, that the 4 (i) and (j), 303, and 307(b) of 24,425 (Jackson County, population NAEB plan has proposed the assignment the Communications Act of 1934, as 73,962) 8 is located in a rather sparsely of UHF Channel 48 for education in Med amended. populated and mountainous area in ford. T & R also observes that the 8. In view of the foregoing: It is or southwestern Oregon, approximately 75 Oregon Board’s projected program sched dered, That effective July 11, 1966, the miles inland from Brookings on the coast. ule would tie up the channel during day Television Table of Assignments (§ 73.606 Pointing out that Medford’s population time hours for in-school instruction and (b) of the Commission’^ rules and regu has increased 41 percent in the last ten that the Commission’s “instructional lations) is amended as follows: year census period, T & R presents eco fixed service” was adopted for this kind City Channel No. nomic and trade data which reflects a of televising.' ABC in turn suggests that Bemidji, Minn______*9, 26 Significant growth for Medford and Jack- the educators could apply for Channel son County since 1960. In addition to 8—even if it is allocated on a commercial 9. It is further ordered that this pro the foregoing, the thrust of this peti basis, or the reserved UHF channel, or ceeding is terminated. tioner’s (and also ABC’s) argument for they could present programs on Channel (Sec. 4, 48 Stat. 1066, as amended; 47 U.S.C. a third VHF assignment for Medford is 8 “* * * thereby increasing the number 154. Interpret or apply secs. 303, 307, 48 that by reason of the shared affiliation of educational programs already carried Stat. 1082, 1083; 47 U.S.C. 303, 307) (ABC) between the existing stations— by the two existing stations in Medford.” Adopted: June 2,1966. KTVM-TV (Channel 5) and KMED-TV 5. The comments of Everett A. Faber (Channel 10) —the full network program and the supplemental reply comments Released: June 3,1966. services of the national networks can of T & R are the result of a comment F ederal Communications not be made available to the public in which was filed as an attachment to the Commission/ Medford or within the service area of T & R comments' and described therein [seal] B en F. Waple, the stations, and furthermore, since the as “further evidence of the existence of Secretary. Commission has not allocated any UHF CATV systems in the southern Oregon channels to Medford the advent of a [P.R. Doc. 66-6289; Piled, June 7, 1966; third VHF channel there would not area, the extent (sic) of providing tele 8:49 ajn.] thwart the future development of UHF. vision signals including educational tele 3. Oregon Board, licensee of Stations vision programs.” 4 T & R claims that [Docket No. 16158, RM-764; FCC 66-495] KOAC-TV (Channel *7), Corvallis, based on Faber’s statements as to his Oreg., and KOAP-TV (Channel *10), present and planned installations, “* * * PART 73— RADIO BROADCAST Portland, Oreg., points out that both of southern Oregon, for the most part, al SERVICES these stations are located in the central northern section of the State and that no ready has complete service from the edu Table of Assignments Television noncommercial educational television cational station in Corvallis” and that Broadcast Stations, M edford, service is now available to the southern “* * * the present growth of the cable Brookings, Oreg. sections, where a substantial portion of television systems in thé Medford-Cen the population is located. Petitioner de tral Point-Ashland area is being acceler 1. The Commission has before it for scribes its present educational service of consideration its notice of proposed rule both in-school instruction and over-the- ated by the lack of fully diversified cov making released July 30, 1965 (FCC 65- air evening programs of an “educational, erage from all three networks.” Faber, 731), in response to petitions filed by cultural and informative nature” for the on the other hand, claims that he was T & R Broadcasters, Inc. (T & R ), and the public, and states that with the use of its misquoted, and misrepresented and that State of Oregon acting by and through present microwave system it could trans the State Board of Higher Education mit its programs to the contemplated (Oregon Board). The notice invited * Oregon Board received grants of $315,415 comments on a proposal to reassign Medford educational facility. Oregon from HEW and $105,138 from the State of Board asserts that although the Com Oregon, and Commission authority to in Channel 8 from Brookings to Medford, mission’s new table reserves a UHF chan Oreg., and also on a counterproposal crease its power and install a new transmit nel for educational use at Medford, this ter, tower and antenna for KOAC-TV, and which would reserve the channel, if so the old equipment could be used with a reassigned, for noncommercial educa 1In response to a telegram received Sept. Channel 8 allocation (but not a UHF chan tional use. Comments and reply com 29, 1965, from Everett A. Faber, we requested nel) at Medford. ments in support of T & R’s request for a written statement from him, which was 4 According to Television Factbook (1965 the reassignment of Channel 8 to Med- received Oct. 22, 1965. On Nov. 22, 1965, we edition), Faber is manager of Jackson An granted a request of T & R for permission tenna Cable TV, which is owned by Oregon and time to review and respond to Mr. Fa Broadcasting Co. The system for Medford *The notice pointed out that the Bemidji ber’s statement, and said response was re is described as a 12 channel system with 100 reference point was 3 miles short to KMSP- ceived from T & R, in the form of “supple TV’s proposed site and about 1 mile to its customers and a potential of 5,000, with present site. mental reply comments to notice of proposed Stations KTVM and KMED-TV, Medford, rule making,” on Nov. 26, 1965. KVAL-TV, Eugene, KOAC-TV, Corvallis, and 4 Commissioner Lee absent. 3 1960 U.S. Census. KPTV, Portland. No. 110----- 5 FEDERAL REGISTER, VOL. 31, NO. 110— WEDNESDAY, JUNE 8, 1966 8074 RULES AND REGULATIONS there is as a matter of fact very little T & R Broadcasters, can support another ably have a greater impact on a com interest in cable service in Medford.® television service. And indeed both T & mercial operation. R and ABC have stated that the re 8. As the Commission has demon Conclusion quested assignment (as an unreserved strated many times in the past, we have I. Question of reassignment of Chanchannel) will result in a third competi adopted a policy of providing all pos nel 8 from Brookings to Medford. 6. Al tive service and a complete choice of sible encouragement and assistance for though none of the comments filed in network services for the Medford audi the development of educational television. this proceeding oppose the request to ence. With regard to any adverse im However, in this case the educator’s use delete Channel 8 at Brookings and as pact such assignment would have on the of the existing Channel *18 assignment, sign it at Medford, this will deprive growth of UHF we believe the effect while possibly entailing certain immedi Brookings of its only commercial assign would be negligible. There are no UHF ate disadvantages to the educators, ment in order to give Medford a third stations in operation nor applications on should not present serious difficulties for VHP assignment. However, there has file for such in this general area. In ad a noncommercial operation. On the been no application for the channel at dition, the relatively small size of the other hand, a reservation of the only Brookings, and considering its size (popu market would make it very difficult for a possible VHF channel would doubtless lation 2,637) and the fact that it is UHF station to compete with 2 VHF sta preclude a third local commercial broad tions. receiving some television service at the cast service at Medford at this time. n . Question of commercial versus edu In view of the foregoing: It is ordered, present time (Stations KIEM-TV and cational use. 7. This question is a more Effective July 11, 1966, that the table of KVIQ-TV, Eureka, Calif.), the possibil difficult one insofar as it involves certain assignments contained in § 73.606 of the ity of applicants for the channel would technical and economic considerations Commission rules and regulations is seem remote. Moreover, in the event which would affect both petitioners and amended insofar as the communities that there is a need for a channel at some the public. On the basis of Oregon named are concerned, to read as follows: future date, consideration can be given Board’s comments (Exhibit E -5), it plans City Channel No. to serve, from a studio at Ashland (which Brookings, Oreg______- ______*14 to assigning a UHF channel to the area is approximately 12 miles southeast of Medford, Or6g______5, 8+, 10+, *18 at that time.® Medford, on the other Medford), the Medford-Ashland (and 9. This action is taken pursuant to hand, while not a large metropolis, is a presumably the Rogue River Valley) authority found in sections 4(i), 303, growing community which, according to area. Indeed, both the topography and and 307(b) of the Communications Act of 1934, as amended. demography of this region would ap 10. It is further ordered, That this B Although, there Is a large amount of com parently limit the coverage outlined in ment material filed herein on this subject, proceeding is terminated. we are not devoting more space or according the Board’s plan to precisely the Rogue (Sec. 4, 48 Stat. 1066, as amended; 47 U.S.C. it decisional significance. As we have stated River Valley area. Under these circum 154. Interpret or apply secs. 303, 307, 48 in other proceedings, we consider CATV as a stances, there should be no significant Stat. 1082,1083; 47 U.S.C. 303, 307) supplement to, rather than a replacement for, the regular broadcast services. And al advantage as to signal coverage and re Adopted: June 2,1966. though there are serious implications and in ception quality (assuming comparable Released: June 3,1966. dications possibly giving rise to questions of equipment), as between a VHF and a candor and character qualifications, this has UHF facility. Furthermore, the “VHF F ederal Communications not been considered as a relevant factor or Commission/ consideration in this—a rule making—pro market” argument—that receivers pres [seal] B en F. Waple, ceeding. ently in use and installed in the Medford • In view of the policy of the Commission as Secretary. set forth in par. 14 of the Fourth Report community are equipped for VHF re [F.R. Doc. 66-6290; Filed, June 7, 1966; and Order in Docket No. 14229—to avoid se ception only—would apply also to the 8:49 a.m.] lecting specific communities of less than commercial petitioner; in fact, any eco 25,000 population for commercial UHF as signments, we are not making a replacement nomic disadvantage inherent in a UHF 7 Commissioner Lee absent; Commissioner assignment for Brookings at this time. facility in a VHF market would presum Wadsworth dissenting. FEDERAL REGISTER, VOE. 31, NO. 110— WEDNESDAY, JUNE 8, 1966 8075 Proposed Rule Making would be added to minimize the hazards silent as to the required contents of the FEDERAL AVIATION AGENCY involved in the testing of aircraft during statement of conformity. For aircraft type certification. During this period, engines and propellers, the quoted lan [ 14 CFR Part 21 1 the Agency’s primary means of prevent guage is adequate since it is not practical [Docket No. 7411; Notice No. 66-21] ing unnecessary hazard is familiarity to specify the exact stage, during type with submitted type design data plus an certification, at which the statement of CONFORMITY OF PRODUCTS TO assurance that all materials, products, conformity will be required for every air THEIR TYPE DESIGNS parts, manufacturing processes, con craft engine or propeller. For these struction methods, and assembly methods products, the only rule change necessary Notice of Proposed Rule Making conform to submitted type design data. is the specification of the contents of the The Federal Aviation Agency is con Since the purpose of the tests by the Ad required statement of conformity, namely sidering amending Part 21 of the Federal ministrator is to determine compliance a statement that the product conforms Aviation Regulations with respect to (1) with applicable airworthiness require to its type design. This change reflects showings of conformity to type design ments, proposed new (a) (1) would not present practice in administering § 21.53. data that must be made before an air incorporate (b) (1) which requires com For aircraft, on the other hand, the craft may be presented by the applicant pliance with those requirements. words “presented for type certification” for FAA tests during type certification; Proposed new (a) (2) is necessary be are not precise enough since the effective (2) contents of certain statements of cause proposed new (a) (1) gives the ap administration of Proposal 1, above, re conformity; and (3) showings of con plicant flexibility concerning the time quires that the statement of conformity formity to type design data that must be that compliance with (b) (2) through (b) for each aircraft be submitted when the made for the issue of a standard air (4) is shown. Where this showing is aircraft is “presented to the Administra worthiness certificate for a new aircraft made in advance of presentation of the tor for tests” as these words are used not manufactured under a production aircraft to the Administrator for test, in proposed new § 21.33 (a) (1) and certificate or under a type certificate. proposed new (a) (2) would ensure that (a)(2). This is because the consistent Interested persons are invited to par the aircraft, as accepted by the Adminis administration of proposed new § 21.33 ticipate in the making of the proposed trator for tests, has not been changed (a)(1) and (a)(2) requires an under rules by submitting such written data, since the time that compliance with pro standing, between the applicant and the views, or arguments as they may desire. posed (a) (1) was shown. Finally, if the Administrator, with respect to (1) when Communications should identify the Administrator should find that certain an aircraft is regarded as “presented to regulatory docket or notice number and tests are necessary before the applicant the Administrator for tests,” and (2) the be submitted in duplicate to the Federal has complied with proposed new (a)(1) nature of the conformity requirements Aviation Agency, Office of the General or (a)(2), the language “unless other relied on by the Administrator in accept Counsel, Attention: Rules Docket, 800 wise authorized by the Administrator,” ing an aircraft for FAA tests. The ap Independence Avenue SW., Washington, which precedes (a) (1) and (a) (2), would plicant who submits the Statement of D.C., 20553. All communications re let the applicant comply with the re Conformity, form FAA-317, for an air ceived on or before August 8, 1966, will quirement to allow the Administrator to craft that is to be presented to the Ad be considered by the Administrator be make necessary tests (present § 21.33 ministrator for tests would, under this fore taking action on the proposed rules. (a)) without at the same time appearing proposal, realize that by submitting the The proposals in this notice may be to place himself in violation of proposed form he is stating to the Administrator changed in the light of comments re (a) (1) or (a) (2). The quoted language that (1) he (the applicant) regards the ceived. All comments submitted will be would also let the applicant make any aircraft as “presented to the Adminis available, both before and after the changes to the aircraft that are author trator for test” as of the time the form closing date for comments, in the Rules ized by the Administrator. is submitted, and (2) his showing of Docket for examination by interested Proposal 2. Statement of conformity compliance with §21.33 (a) is current as persons. for aircraft presented to the Adminis of the time the form is submitted. Proposal 1. Conformity to type design trator for test during type certification Proposal 3. Statement of Conformity data as a prerequisite to FAA tests dur (§2153). Section 21.53 would be amend for products manufactured under type ing aircraft type certification (§21.33). ed by— certificate only (§§ 21.130 and 21.183(b)). Section 21.33(a) would be amended by (1) Designating the present language(a) Section 21.130 would be amended by deleting the word “flight” between the as paragraph (a); inserting the words “, or an aircraft words “any” and “tests”, and by adding - (2) Striking out the word “prototype” engine or propeller Airworthiness Ap the following at the end thereof : between the words “each” and “pre proval Tag (FAA Form 186) ” between the However, unless otherwise authorized by the sented” and inserting the words “aircraft words “certificate” and “give”; by re Administrator— engine and propeller” -in place thereof; designating paragraphs (a) and (b) as (1) No aircraft or part thereof may be (3) Adding the following at, the end paragraphs (b) and (c), respectively; presented to the Administrator for tests un of the present language: “This statement and by adding a new paragraph (a) less compliance with paragraphs (b) (2) through (b) (4) of this section has been of conformity must include a statement reading as follows: shown for that aircraft or part; and that the aircraft engine or propeller con (a) For each product, a statement that (2) No change may be made to an air forms to the type design therefor;” and the product conforms to its type cer craft between the time that compliance with (4) Adding the following paragraph tificate and is in condition for safe op paragraphs (b) (2) through (b) (4) of this (b ) : “(b) For aircraft, a statement of eration. section is shown for that aircraft or part conformity must be submitted when the (b) Section 21.183(b) would be thereof and the time that the aircraft or part is presented to the Administrator for tests. aircraft is presented to the Administrator amended by deleting the words “for the for tests, and must include a statement aircraft issued by the manufacturer, Explanation. The word “flight” would that the applicant has complied with and” between the, words “conformity” be deleted since this proposal would re § 21.33(a) (unless otherwise authorized and “if”, and by inserting the words “pre quire that each applicant allow the Ad-- under that paragraph) .” scribed in § 21.130” in place thereof. ministrator to make any tests, ground or Explanation. Present § 21.53 requires Explanation. For products manufac flight, necessary to determine that an air that a statement of conformity must be tured under a type certificate only, the craft meets the applicable requirements. submitted for each prototype that is manufacturer is required to maintain all New subparagraphs (a)(1) and (a) (2) “presented for type certification” but is information necessary for the Adminis- FEDERAL REGISTER, VOL. 31, NO. 110— WEDNESDAY, JUNE 8, 1966 8076 PROPOSED RULE MAKING trator to determine conformity to type (1) He presents a statement from the was added to eliminate administrative design data, and (for products manu holder of a production inspection system difficulties arising in the standard air factured more than six months after the approval for the aircraft under § 21.123 worthiness certification of “other than date of issue of the type certificate) to (c) , or the holder of a production certifi newly manufactured aircraft” such as establish and maintain an approved pro cate for the aircraft, that all necessary "aircraft which were used in military duction inspection system that ensures production inspections and tests, includ service and later released for civil use that each product conforms to its ty p e ing production flight tests, have been and * * * other aircraft which had not design and is in condition for safe op conducted and have shown that the air had their airworthiness status main eration. To implement these require craft conforms to type design data and tained.” For these aircraft, the general ments, the statement of conformity, is in a condition for safe operation, and requirement in § 21.183(d) (1) to present Form FAA 317, required by § 21.130 now the Administrator finds after inspection evidence of conformity to an approved gives the Administrator the statement, that the aircraft conforms to the type type design, and the inspection require by responsible employees of the manu design and is in a condition for safe ments in § 21.183(d) (2), have been ade facturer, that each product is manufac operation; or quate since they are used, in most cases, tured in conformity with the type design (2) Compliance is shown with the fol to determine whether an airworthiness data forming the basis for its type cer lowing and the Administrator finds that status that has not been maintained tificate. This form is now used admin the aircraft conforms to the type design should be restored. Section 21.183(d) istratively for engines and propellers for and is in condition for safe operation: would therefore be unchanged for these which an Airworthiness Approval Tag is (i) The applicant must show that each aircraft (but redesignated as paragraph sought as well as for aircraft for which component of the aircraft conforms (e) under this proposal). However, an airworthiness certificate is sought. to the type design, is assembled and in § 21.183(d), because of its general nature, This amendment would simply make this stalled in conformity with approved type is currently being administered to cover practice explicit, in addition to the re design data, is in condition for safe op a class of aircraft not originally con quirements now in § 21.130 (a) and (b). eration, and is within its established templated by Amendment 1-2. This Finally, the statement of conformity re service life limits. class is composed of new aircraft that ferred to in § 21.183(b) is the same state (ii) The applicant must conduct all are not manufactured under a produc ment of conformity as that prescribed flight tests prescribed in the production tion certificate or under a type certifi in § 21.130 for aircraft for which an air flight test procedures for the holder or cate. These aircraft are built from ma worthiness certificate is sought. The licensee of the type certificate of the terials, parts, “and appliances that may amendment to § 21.183(b) would make aircraft. be obtained as spare or surplus com this clear in order to preclude an appear (d) Import aircraft. An applicant ponents from the holder of the type or ance of duplication. This change ap for an original airworthiness certificate production certificate for the aircraft, pears in the further amendment made for an import aircraft type certificated in the holders of other production ap to § 21.183 under Proposal 4, below. accordance with § 21.29 of this Part is provals, or from unknown sources. Since Proposal 4. Shourings of conformity to entitled to an airworthiness certificate these aircraft are built entirely outside type design data that must he made for if the country in which the aircraft was of any approved system designed to en the issue of a standard airworthiness manufactured certifies, or the Adminis sure conformity with type design data, certificate for a new aircraft not manu trator finds, that the aircraft conforms the possibilities of nonconformity in factured under a production certificate to the type design and is in a condition processes and components are great or under a type certificate. Section for safe operation. enough to require that a detailed proce 21.183 would be amended to read as fol (e) Other aircraft. An applicant for dure be used in every case to provide the lows: an airworthiness certificate for an air same degree of assurance of conformity § 21.183 Issue of standard airworthiness craft not covered by paragraphs (a) to approved type design data as is now certificates for normal, utility, acro through (d) of this section is entitled to provided for aircraft individually pro batic, and transport category aircraft. an airworthiness certificate if— duced under a type certificate only. (1) He presents evidence to the Ad Such a procedure has been administered (a) New aircraft manufactured under ministrator that the aircraft conforms under present § 21.183(d). However, a production certificate. An applicant to a type design approved under a type the class of aircraft built from spare and for a standard airworthiness certificate certificate or a supplemental type cer surplus components is now large enough for a new aircraft manufactured under a tificate and to applicable Airworthiness to require that this detailed procedure production certificate is entitled to a Directives; be set forth as a separate rule of general standard airworthiness certificate with (2) The aircraft (except an experi applicability. This is done in proposed out further showing, except that the Ad mentally certificated aircraft that pre § 21.183(c). ministrator may inspect the aircraft to viously had been issued a different air Several changes would also be made to determine conformity to the type design worthiness certificate under this section) paragraphs (a) and (b) of § 21.183. and condition for safe operation. has been inspected and found air Those paragraphs would be« amended to (b) New aircraft manufactured under worthy— make it clear that they apply to newly type certificate only. An applicant for a (i) By the manufacturer; manufactured aircraft. This change, to standard airworthiness certificate for a (ii) By an appropriately certificated gether with the applicability of proposed new aircraft manufactured under a type domestic repair station; new paragraph (c) to new aircraft, certificate only is entitled to a standard (iii) By a certificated air carrier hav would make it clear that present para airworthiness certificate upon presenta ing adequate overhaul facilities and hav graph (d), redesignated as paragraph tion, by the holder or licensee of the type ing a maintenance and inspection or (e), applies to aircraft other than newly certificate, of the statement of conform ganization appropriate to the aircraft manufactured aircraft, consistent with ity prescribed in § 21.130 if the Adminis type; or the intent of Amendmeht 1-2. Under trator finds after inspection that the air (iv) In the case of a single-engine this proposal, even aircraft built from craft conforms to the type design and is airplane, by the holder of an inspection spare and surplus components would be in condition for safe operation. authorization issued under Part 65 of handled under present paragraph (d), (c) New aircraft not manufactured this Chapter; and redesignated as paragraph (e), if their under a production certificate or under a (3) The Administrator finds after in airworthiness status is not maintained type certificate. An applicant for a spection, that the aircraft conforms to and standard airworthiness certification standard airworthiness certificate for a the type design, and is in a condition for is later sought. Paragraph (a) would new aircraft for which a type certificate safe operation. also be amended to make it clear that has been issued but which was not manu Explanation. As stated in the pre the Administrator’s power to inspect the factured under a production certificate amble to Amendment 1-2, effective Octo aircraft is not limited to inspections for or under the type certificate therefor, is ber 1, 1959 (24 F.R. 7065), § 1.67(d) of conformity to type design data but in entitled to a standard airworthiness the Civil Air Regulations, now § 21.183 cludes inspections to determine condition certificate if— (d) of the Federal Aviation Regulations, for safe operation. Paragraph (b) would FEDERAL REGISTER, VOL. 31, NO. 110— WEDNESDAY, JUNE 8, 1966 PROPOSED RULE MAKING 8077 also be amended to make it clear that the Registry issues numbers to aircraft last the U.S. identification number from the statement of conformity referred to is previously registered in a foreign coun FAA Registry by request in writing de the same statement of conformity pre try (under § 47.15(a)), issues blocks of scribing the aircraft by make, type, scribed in § 21.130 and, as such, must be numbers to aircraft manufacturers (un model and serial number (or, if it is submitted by the holder or licensee of the der § 47.15(c)) , issues changed numbers amateur-built, as provided in § 47.33 (b) type certificate. Present paragraphs (c) (under § 47.15(d)), issues three symbol of this Part) and stating that the aircraft and (d) would be redesignated, without numbers (under § 47.15 (d), (e), and has not previously been registered any change, as paragraphs (d) and (e), (f)), issues other special numbers (under where. If the aircraft was brought into respectively. § 47.15 (d) and (f)), and reassigns and the United States from a foreign country, Proposal 5. Conformity with supple reissues numbers (under § 47.15 (g) and the Applicant must submit evidence that mental type design (§21.115). Section (h )). For the most part, assignments by the aircraft has never been registered in 21.115 would be amended by designating FAA inspectors are for amateur-built air a foreign country. the present language as paragraph (a) craft, and for aircraft assembled from (2) Aircraft last previously registered and by adding the following paragraph parts to conform to an approved type in the United States. Unless he applies (b) : design by a person other than the holder for a different number under paragraphs (b) Each applicant for a supplemental of the type certificate. At present, the FEDERAL REGISTER, VOL. 31, NO. 110— WEDNESDAY, JUNE 8, 1966 8078 PROPOSED RULE MAKING The Jamestown, N. Dak., VOR will be forty-five days after publication of this procedure during descent from 1,500 to relocated to a site on the airport and be notice in the F ederal Register will be 700 feet above the surface. converted to a VORTAC in November considered before action is taken on the The proposed 1,200-foot floor transi 1966. Relocation and conversion of the proposed amendment. No public hear tion area will provide protection for air NAVAID facility requires cancellation of ing is contemplated at this time, but craft executing the procedure turn area the present instrument approach proce arrangements for informal conferences of the prescribed instrument approach dure and establishment of two new in with Federal Aviation Agency officials procedure and while in the holding pat strument approach procedures at James may be made by contacting the Regional tern at the Grand Rapids VOR. The town. Air Traffic Division Chief. Any data, floors of the airways that would traverse The Federal Aviation Agency, having views, or arguments presented during the transition area proposed herein will completed a comprehensive review of the such conferences must also be submitted automatically coincide with the floor terminal airspace structural require in writing in accordance with this notice of the transition area. ments in the Jamestown, N. Dak., termi in order to become part of the record for Since a new approach procedure is nal area, as a result of the above consideration. The proposal contained being established, no procedural changes mentioned relocation and conversion of in this notice may be changed in the will be effected in conjunction with the the NAVAID facility and the establish light of comments received. actions proposed herein. ment of new instrument approach proce The public Docket will be available for Specific details of the new approach dures, proposes the following airspace examination by interested persons in procedure for the Grand Rapids, Min actions : the office of the Regional Counsel,federal nesota, Municipal Airport and of the pro (1) Alter the Jamestown, N. Dak., con Aviation Agency, 601 East 12th Street, posal contained herein may be examined trol zone by redesignating it as that air Kansas City, Mo., 64106. by contacting the Chief, Airspace space within a 5-mile radius of James This amendment is proposed under the Branch, Air Traffic Division, Central town Municipal Airport (Lat. 46°55'48" authority of section 307(a) of the Fed Region, Federal Aviation Agency, 601 N., Long. 98°40'42" W.) ; within 2 miles eral Aviation Act of 1958 (49 U.S.C. 1348). East 12th Street, Kansas City, Mo., 64106. each side of the Jamestown VORTAC Interested persons may submit such Issued at Kansas City, Mo., on May 26, written data, views or arguments as they 308° radial, extending from the 5-mile 1966. radius zone to 8 miles NW of the VOR may desire. Communications should be Edward C. Marsh, submitted in triplicate to the Director, TAC; and within 2 miles each side of the Director, Central Region. Jamestown VORTAC 140° radial, extend Central Region, Attention: Chief, Air ing from the 5-mile radius zone to 8 miles [F.R. Doc. 66-6249; Filed, June 7, 1966; Traffic Division, Federal Aviation SE of the VORTAC. 8:46 a.m.] Agency, 601 East 12th Street, Kansas (2) Alter the Jamestown, N. Dak., City, Mo., 64106. All communications transition area by redesignating it as that received within 45 days after publication airspace extending upward from 700 feet [ 14 CFR Part 71 3 of this notice in the F ederal R egister above the surface within a 7-mile radius [Airspace Docket No. 66-CE-44] will be considered before action is taken of Jamestown Municipal Airport (Lat. on the proposed amendment. No public 46°55'48" N., Long. 98°40'42" W,) ; and TRANSITION AREA hearing is contemplated at this time, but arrangements for informal conferences that airspace extending upward from Proposed Designation 1200 feet above the surface within a 14- with Federal Aviation Agency officials mile radius of Jamestown Municipal The Federal Aviation Agency is con may be made by contacting the Regional Airport. sidering an amendment to Part 71 of the Air Traffic Division Chief. Any data, The proposed control zone would pro F ed eral Aviation Regulations which views, or arguments presented during vide controlled airspace protection for would designate controlled airspace at such conferences must also be submitted aircraft departing the Jamestown Mu Grand Rapids, Minn. in writing in accordance with this notice nicipal Airport during climb to 700 feet The Federal Aviation Agency, having in order to become part of the record for above the surface and for aircraft execut completed a comprehensive review of the consideration. The proposal contained ing the new prescribed instrument ap terminal airspace structural require in this notice may be changed in the proach procedures during descent below ments in the Grand Rapids, Minn., ter light of comments received. 1,000 feet above the surface. minal area, proposes the following air The public docket will be available for The proposed 700-foot floor transition space actions; examination by interested persons in area would provide controlled airspace Designate the Grand Rapids, Minn., the office of the Regional Counsel, Fed for aircraft departing Jamestown during transition area as that airspace extending eral Aviation Agency, 601 East 12th climb from 700 to 1,200 feet above the upward from 700 feet above the surface Street, Kansas City, Mo., 64106. surface. The proposed 1,200-foot floor within a 5-mile radius of the Grand This amendment is proposed under transition area would provide controlled Rapids Municipal A ir p o r t (latitude the authority of section 307(a) of the airspace protection for the procedure 47°12'45" N., longitude 93°30'35" W.), Federal Aviation Act of 1958 (49 U.S.C. turn and DME arc areas of the pre and within 2 miles each side of the Grand 1348). scribed new instrument approach pro Rapids VOR 160° radial, extending from Issued at Kansas City, Mo., on May cedures, and for the holding patterns the VOR to 8 miles south of the VOR; 27,1966. at Jamestown. and that airspace extending upward from Edward C. M arsh, The floors of the airways that traverse 1,200 feet above the surface within 8 Director, Central Region. the transition area proposed herein will miles east and 5 miles west of the Grand automatically coincide with the floors of Rapids VOR 160° radial, extending from [F.R. Doc. 66-6283; Filed, June 7, 1966; the transition area. the VOR to 12 miles south of the VOR. 8:48 a.m.] Specific details of the new procedures The State of Minnesota is relocating a upon which the action proposed herein state owned VOR from the Grand Rapids [ 14 CFR Part 93 3 was based may be examined by con Municipal Airport to a point 3 nautical tacting the Chief, Airspace Branch, Air miles south of the airport. A public use [Regulatory Docket No. 7410; Notice No. Traffic Division, Central Region, Fed instrument approach procedure has been 66- 20] developed using this facility and it will eral Aviation Agency, 601 East 12th PORTLAND TERMINAL AREA Street, Kansas City, Mo., 64106. be effective concurrent with the designa Interested persons may submit such tion of controlled airspace. Special Air Traffic Rule written data, views or arguments as they The proposed 700-foot floor transition may desire. Communications should be area will provide controlled airspace The Federal Aviation Agency has un submitted in triplicate to the Director, protection for departing aircraft during der consideration a proposal to amend Central Region, ATTN : Chief, Air Traffic climb from 700 to 1,200 feet above the Part 93 of the Federal Aviation Regula Division, Federal Aviation Agency, 601 surface. It will also provide controlled tions to establish special air traffic rules East 12th Street, Kansas City, Mo., 64106. airspace protection for aircraft executing for the Portland International Airport All communications received w i t h i n the prescribed instrument approach Traffic Area. FEDERAL REGISTER, VOL. 31, NO. 110— WEDNESDAY, JUNE 8, 1966 PROPOSED RULE MAKING 8079 Interested persons may participate plane base will overlap and conflict with pose of landing at or taking off from in the making of the proposed rule traffic patterns for runway 10L/28R and Pearson Airpark, or the Columbia River by submitting such written informa runway 20 at the Portland international Seaplane Base, Vancouver, Wash., shall tion, views, or arguments as they Airport. operate such aircraft in accordance with may desire. Communications should Portland International Airport has an the rules set forth in this section. identify the regulatory docket or notice elevation of 26 feet MSL and houses 48 (a) Communications with the Port number and be submitted in duplicate military and 96 civil aircraft. There land International Tower. Each person to the Federal Aviation Agency, Office of were 162,901 airport operations during operating an aircraft to or from the the General Counsel, Attention: Rules the calendar year 1965. The Portland Pearson Airpark or the Columbia River Docket, 800 Independence Avenue SW., Tower controlled 88,350 instrument op Seaplane Base shall establish and main Washington, DC., 20553. All communi erations during the same period. Air tain two-way radio communications with cations received on or before August 8, craft using this airport include single- the Portland International Airport 1966, will be considered by the^Adminis engine private; multi-engine propeller Traffic Control Tower. trator before taking action on the pro driven and multi-engine turbojet com (b) Pearson Airpark Airport Traffic posed rule. The proposed amendment mercial, and high-performanfce military Pattern—Landing. Except when the may be changed in the light of comments turbojet fighter. VFR clearance-from-cloud rules of Part received. All comments submitted will An area of potential conflict is con 91 require otherwise, each person pilot be available, both before and after the centrated in the final approach portion ing an aircraft landing at the Pearson closing date for comment, in the rules to runways 10L and 10R at Portland In Airpark shall enter the traffic pattern docket for examination by interested ternational Airport. The proposed ex north of the airport at or above 1,000 feet persons. tension of runway 10R/28L 1,700 feet in MSL and execute a left traffic pattern The purpose of this special air traffic a westerly direction will increase the po for a landing to the east or a right traf rule is to reduce the possibility of con tential conflict between traffic on the fic pattern for a landing to the west. flict between aircraft operating to and final approach to land east at Portland (c) Pearson Airpark Airport Traffic from Portland International Airport, or departing to the west and traffic oper Pattern—Departing. Each person pilot Pearson Airpark, and the proposed Co ating at Pearson Airpark. ing an aircraft departing from Pear lumbia River Seaplane Base, Vancouver, Conflict between Portland traffic and son Airpark shall leave the airport traf Wash. This rule would establish an air proposed Columbia River Seaplane traffic fic pattern to the north. port traffic pattern at or above an alti will occur when Portland traffic is oper (d) Columbia River Seaplane Base tude of 1,000 feet MSL to the north of ating to and from the NE/SW runway. Airport Traffic Pattern—Landing. Ex Pearson Airpark, a seadrome traffic pat The communications provision of this cept when the VFR clearance-from-cloud tern at an altitude of 700 feet MSL to rule will enable the Portland Tower to rules of Part 91 require otherwise, each the north of the proposed Columbia River issue traffic advisories to Pearson Airpark person piloting an aircraft landing at the Seaplane Base, and requires pilots of air traffic, the Seaplane Base traffic, and Columbia River Seaplane Base shall en craft operating to or from Pearson Air Portland International traffic. While ter the traffic pattern north of the air park and the proposed Columbia River this rule will give Portland Tower the port at 700 feet MSL and execute a left Seaplane Base to maintain two-way radio capability to control traffic operating to traffic pattern for a landing to the east communications with the Portland or from Pearson Airpark or Columbia or a right traffic pattern for a landing to Tower while operating within the Port River Seaplane Base, it is anticipated the west. land International Airport Traffic Area. that, for the most part, they will exer (e) Columbia River Seaplane Base Pearson Airpark is a general aviation cise this capability in an advisory Airport Traffic Pattern—Departing. airport located approximately 3% miles capacity. Each person piloting an aircraft depart northwest of Portland International Air The traffic at Pearson Airpark is pres ing from the Columbia River Seaplane port at an elevation of 30 feet MSL. One ently a problem because flight paths nor Base shall leave the seaplane base traf hundred and eight civil aircraft are based mally followed by Pearson traffic are not fic pattern to the north. at this location. A proposal to extend readily ascertainable from the Portland These amendments are proposed un runway 8/26 westerly by approximately Tower, nor are the controllers at Port der the authority of section 307 of the 900 feet, to an overall length of 4,500 feet, land International Airport able to deter Federal Aviation Act of 1958 (49 U.S.C. will probably attract larger aircraft than mine the intended flight paths of pilots 1348). are now using the airport. There were operating to or from Pearson Airpark. Issued in Washington, D.C., on June 1, approximately 35,000 airport operations Because the most likely area of traffic at Pearson Airpark during the calendar 1966. confliction is south to southwest of Pear W illiam E. Morgan, year 1965 with an average of 1,500 itiner son Airpark in the vicinity of the Port ant operations per month. Acting Director, land International approach to runways Air Traffic Service. The proposed Columbia River Seaplane 10R and 10L, it appears that traffic pat Base is located one-half mile north of terns established north of Pearson Air [F.R. Doc. 66-6250; Filed, June 7, 1966; Portland International Airport and 2 park will minimize the area of conflict. 8:46 a.m.] miles southeast of Pearson Airpark. This In consideration of the foregoing, it base will occupy an area approximately is proposed to amend Part 93 of the Fed 500 feet wide and 8,000 feet long oriented eral Aviation Regulations by adding the in an east-west direction in the Columbia Subpart H as follows: FEDERAL COMMUNICATIONS River channel and centered on latitude 45°36'25" N., longitude 122°36'00" W. Subpart H— Portland, Oregon, COMMISSION at an elevation of approximately 20 feet Airport Traffic Area MSL. I 47 CFR Part 73 ] § 93.101 Applicability. The eastern portion of the seaplane [Docket No. 16671, RM-911; FCC 66-491] landing area will lie 3,900 feet north of This subpart prescribes special air the threshold of runway 20 at Portland traffic rules for persons operating air ADDITION OF COMMERCIAL UHF International Airport and is directly un craft to or from the Pearson Airpark or TELEVISION BROADCAST CHAN der the approach path to this runway. the Columbia River Seaplane Base NEL Aircraft approaching Portland Interna within the Portland International Air tional to land on runway 20 in a normal port traffic area. Waynesville, N.C. three degree glide angle would pass over 1. On January 28, 1966, Video Cable the seaplane landing area at an altitude § 93.103 Pearson Airpark and Columbia River Seaplane Base Airport Traffic. Co., Inc., filed a petition (RM-911) re approximately 230 feet above the water. questing the assignment of a commercial The proximity of the proposed Seaplane Unless otherwise authorized by Air UHF channel to Waynesville, N.C. In Base to Portland International Airport Traffic Control, each person operating an support thereof the petitioner states that gives rise to conflict. Any seaplane traf aircraft within the Portland Interna there are no television stations or as fic pattern established south of the sea- tional Airport traffic area for the pur- signments in Waynesville or Haywood FEDERAL REGISTER, VOL. 31, NO. 110— WEDNESDAY, JU N E'S, 1966 8080 PROPOSED RULE MAKING County in which Waynesville is located. 7. In accordance with the provisions ofpurpose of delaying processing of the Petitioner is of the belief that there is a § 1.419 of the Commission’s rules and pending applications for Channel 35 and need for a local TV station in Waynes- regulations, an original and 14 copies of that Omicron could at some time in the ville and if a channel is provided, it will all written comments, reply comments, future file appropriate pleadings con promptly apply for authority to con pleadings, briefs, or other documents cerning the public interest aspects of the struct and operate a new UHF television shall be furnished the Commission. delay in bringing UHF television service to Orlando which might be occasioned by broadcast station in that area. Adopted: June 2,1966. 2. Video Cable Co., Inc., currently a comparative hearing or the need or operates a CATV system in Way nesville Released :.June 3,1966. lack of need of additional television serv ice that could be provided by the addi and believes that a UHF facility will en F ederal Communications able it to greatly expand its service to tional UHF channel in Orlando. Commission,1 4. We have used the electronic com the public. Such an operation would [seal] B en F. W aple, provide a medium for local expression to Secretary. puter to examine the assignment pos Waynesville and Haywood County.. Ac sibilities in Orlando, particularly with [F.R. Doc. 66-6291; Filed, June 7, 1966; respect to the site specified by Gordon cording to the 1966 edition of the Tele 8:49 a.m.] vision Factbook, the CATV system has Sherman. It has been determined that 1,100 subscribers out of a potential 2,000 Channel 48 is available for assignment and brings in the signals of WBTV, and employing the criteria used to de Charlotte; WLOS-TV, Asheville, both in [ 47 CFR Part 73 1 velop the overall UHF assignment plan, North Carolina; WFBC-TV, Greenville, [Docket No. 16672, RM-928; FCC 66-492] Channel 48 is the most efficient assign and WSPA-TV, Spartansburg, S.C.; ment in terms of the impact on remain WBIR-TV, Knoxville, and WJHL-TV, ADDITION OF UHF TELEVISION ing available assignments. Orlando is Johnson City, Term.; WCYB-TV, Bris BROADCAST CHANNEL in an area where remaining available assignments are considered to be ade tol, Va.; and WGTV, Athens, Ga. Fif Orlando, Fla. teen FM stations are also carried on the quate to meet potential future needs for system. All of the stations are picked up 1. Gordon Sherman, applicant for au additional channels. Channel 48 -is directly off-the-air. thority to construct a new UHF television available only in a relatively narrow strip 3. Waynesville is situated in the west broadcast station on Channel 35 in Or running between the east and west coast ern part of North Carolina, some 25 miles lando, Fla., filed a petition on February of Florida and its use at Orlando will south and west of Asheville and near the 28, 1966, requesting the assignment of have little impact on the reservoir of re Tennessee border. Its 1960 population Channel 48 to Orlando, Fla. Orlando is maining available assignments. In the was 6,096, that of the adjoining com currently assigned Channels 6, 9, *24, few places where it might be used, other munity of Hazelwood, 1,960 and that of and 35. Channel 24 is reserved for edu UHF channels are available for assign Haywood County, 39,711. Its economy cational use. The petitioner and Omi- ment. is based upon agriculture, manufactur cron Television Corp. are both applicants 5. Orlando with a population of nearly ing and tourist and resort trade. The for Channel 35 in Orlando and the ap 170,000 is ranked by ARB as the 66th annual value of agricultural products is plications have been designated' for market in combination with Daytona more than $6 million; the annual indus hearing (Docket Nos. 16536 and 16537). Beach. The assignment of a fourth un trial payroll is in excess of $34 million 2. In support of its request, the peti reserved channel at Orlando would give and annual income from tourist and re tioner points out that a hearing will delay the combined market six unreserved sort trade exceeds $7 million and in for an indeterminate time the institution channels which is not inconsistent with creases each year. of UHF television service in Orlando. the pattern of assignments adopted in The addition of another UHF channel to the Fifth Report and Order in Docket 4. It has been found that Channel 59 Orlando will make it possible for one of No. 14229 (par. 65). Although neither is most efficient in terms of the impact the applicants to amend to the new chan applicant is obliged to amend to the on other available assignments. Al nel and eliminate the mutual exclusivity new channel, the assignment will afford though Waynesville is in an area where problem that now exists. The petitioner an opportunity to avoid a hearing on the remaining available assignments are further states that preliminary consid issue of mutual exclusivity. For those considered to be scarce, Channel 59 is eration has been given to a site at 28 °- reasons the petition is considered to have available only in a few small communi 34'30" N. latitude and 81°34'30" W. sufficient merit to warrant the institu ties and its use at Waynesville does not longitude and that Channel 48 used at tion of rule making. deprive any other community of its only this site would meet all of the required 6. Accordingly, pursuant to the au thority contained in Sections 4(i), 303, available assignment. geographic separations specified in the rules. and 307(b) of the Communications Act 5. Accordingly, pursuant to the au 3. On March 9, 1966, Omicron Tele of 1934, as amended, it is proposed to thority contained in sections 4(i), 303, vision Corp. filed a comment concerning amend the table of assignments in sec and 307(b) of the Communications Act the petition of Gordon Sherman, point tion 73.606(b) of the Commission rules of 1934, as amended, it is proposed to ing out that the petition alludes to the insofar as the city listed below is con amend the table of assignments in possibility that “one of the applicants” cerned, to read as follows: § 73.606(b) of the .Commission rules, in may amend to the new channel which City Channels sofar as the city listed below is concerned might give the impression that Omicron Orlando, Fla______6-, 9, *24, 35, 48 supported such a solution. Omicron as to read as follows: serts that it does not join, either directly 7. Pursuant to applicable procedures City Channels or by inference, in Sherman’s request for set out in section 1.415 of the Commis Waynesville, N.C______59 an additional channel in Orlando and sion’s rules and regulations interested that it has no present intention of parties may file comments on or before 6. Pursuant to applicable proceduresamending its application in that regard July 11, 1966, and reply comments on or set out in § 1.415 of the Commission’s at any time. Omicron further urged before July 21, 1966. All submissions rules and regulations interested parties that the petition of Gordon Sherman by parties to this proceeding, or by per may file comments on or before July 11, should not be used as the basis for a sons acting on behalf of such parties, 1966, and reply comments on or before delay in the orderly processing of its must be made in written comments, re July 21,1966. All submissions by parties application or the conduct of the hearing. ply comments, or other appropriate Sherman replied to the comments of pleadings. to this proceeding, or by persons acting Omicron on March 23, 1966, by stating 8. In accordance with the provisions of on behalf of such parties, must be made that the petition was not filed for the § 1.419 of the Commission’s rules and in written comments, reply comments, or regulations, an original and 14 copies of other appropriate pleadings. 1 Commissioner Lee absent. all written comments, reply comments, FEDERAL REGISTER, VOL. 31, NO. 110— WEDNESDAY, JUNE 8, 1966 PROPOSED RULE MAKING 8081 pleadings, briefs, or other documents 5. Accordingly, pursuant to the au 18,451), is served by Station KDIX-TV, shall be furnished the Commission. thority contained in sections 4(i), 303, Channel 2.a KDIX-TV, it appears, is Adopted: June 2, 1966. and 307(b) of the Communications Act affiliated with the CBS and ABC net of 1934, as amended, it is proposed to works; and, by arrangement with peti Released: June 3,1966. amend the table of assignments in tioner, it also rebroadcasts some special F ederal Communications § 73.606(b) of the Commission rules inso NBC programs and 2 weekly NBC pro Commissifn,1 far as the city listed below is concerned, grams on a delayed basis.* \ [seal] B en F. W aple, to read as follows: 4. Because of Dickinson’s inability to Secretary. City Channels economically support another regular Bend, Oreg_____ .w ______*15,21 television station, petitioner feels that [P.R. Doc, 66-6292; Filed, June 7, 1966; the only realistic basis for additional 8:49 a.m.] 6. Pursuant to applicable procedures television service would be by a 100-watt set out in § 1.415 of the Commission’s television translator on Channel 7. An rules and regulations interested parties engineering study demonstrates the [ 47 CFR Part 73 ] may file comments on or before July 11, availability of a site for a Channel 7 100- 1966, and reply comments on or before [Docket No. 16673, RM-946; FCG 66-493] watt translator transmitter west of Dick July 21, 1966. All submissions by par inson complying with co-channel mile ADDITION OF UHF TELEVISION ties to this proceeding, or by persons act age separations. Since Dickinson is ing on behalf of such parties, must be BROADCAST CHANNEL ASSIGN- within 250 miles of the Canadian-U.S. made in written comments, reply com border the proposed assignment must be MENT ments, or other appropriate pleadings., coordinated with the Canadian Govern Bend, Oreg. 7. In accordance with the provisions ment in accordance with the Canadian- of section 1.419 of the Commission’s rules 1. Liberty Television, Inc., licensee of United States Television Agreement of and regulations, an original and 14 copies 1952. television broadcast station KEZI-TV, of all written comments, reply comments, Channel 9, Eugene, Oreg., filed a petition 5. Accordingly, comments are invited pleadings, briefs, or other documents on petitioner’s proposal to amend the TV (RM-946) on April 15, 1966, requesting shall be furnished the Commission. the assignment of an unreserved UHF Table qf Assignments as follows: television broadcast channel at Bend, Adopted: June 2,1966. Oreg. Released: June 3, 1966. Channel No. 2. In support thereof, the petitioner City states that it desires to provide television Federal Communications service to the area of Bend and the cur Commission,1 Present Proposed * rent table of assignments provides only [seal] B en F. W aple, Channel 15 at Bend and that channel is Secretary. Dickinson, N. Dak______2+, *4 2+,*4,7 reserved for educational use. If an un [F.R. Doc. 66-6293; Filed, June 7, 1966; reserved channel is provided, Liberty 8:49 a.m.] 6. Authority for the adoption of the Television, Inc., will promptly apply for amendment proposed herein is con authority to construct and operate a new tained in sections 4 (i) and (j), 303, and UHF television broadcast station at Bend. I 47 CFR Part 73 3 307(b) of the Communications Act of 3. Bend is situated in central Oregon, [Docket No. 16681, RM-912; FCC 66-505] 1934, as amended. approximately 90 miles due east of Eu gene. Its 1960 population was 11,936. TELEVISION BROADCAST STATIONS, 7. Pursuant to applicable procedures set out in § 1.415 of the Commission’s The nearest commercial TV stations are DICKINSON, N. DAK. KEZI-TV, Channel 9 and KVAL-TV, rules and regulations, interested parties Channel 13 at Eugene. Three 1 watt Table of Assignments may file comments on or before July 11, VHF television translators are operated 1966, and reply comments on or before 1. Notice is hereby given of proposed July 21,1966. All submissions by parties at Bend by Video Utility Corp., bringing rule making in the above-entitled matter. in the signals of KOIN-TV, Channel 6, to this proceeding, or by persons acting 2. The Commission has before it for on behalf of any party, must be made KGW-TV, Channel 8 and KPTV, Chan consideration a petition, filed January 25, nel 12, all of Portland, Oreg. Accord in written comments, reply comments, or 1966, by Meyer Broadcasting Co., licensee other appropriate pleadings. ing to the 1966 edition of the TV Fact- of Station KFYR-TV, Channel 5, Bis book, Bend Cable TV Co. operates a marck, N. Dak., requesting the Commis 8. In accordance with the provisions of CATV system at Bend with 3,494 sub sion to assign Channel 7 to Dickinson, § 1.419 of the Commission’s rules and scribers out of an estimated potential of N. Dak. The purpose of such assignment regulations, an original and 14 copies 4,000. The CATV carries the three is to permit Translator Station K07GV, of all written comments, reply comments, Portland stations carried by the VHF pleadings, briefs, or other documents, of which the Colored Tower Television, shall be furnished the Commission. translators and in addition carries Inc., is the licensee, to operate a 100-watt KOAP-TV, Channel 10, Portland and TV translator, as permitted by § 74.702 Adopted: June 2,1966. KEZI-TV, Channel 9, Eugene. KOAP- (g) of the Commission’s Rules and Reg TV is an educational television broad Released: June 3,1966. cast station. ulations.1* Colored Tower, by letter dated January 14, 1966, to the Commis 4. We have employed the electronic F ederal Communications sion, a copy of which is appended to the Commission, computer to examine the assignment pos petition, advises that it “supports” the sibilities at Bend and have determined [seal] B en F. W aple, petition because service to the Dickinson Secretary. that Channel 21 would have the least audience would be greatly improved. impact on remaining available assign Translator Station K07GV is authorized [F.R. Doc. 66-6294; Filed, June 7, 1966; ments. Bend is in an area where avail to rebroadcast programing from peti 8:49 a.m.] able UHF assignments are considered to tioner’s station. be plentiful. On the assumption that 3. Further data and information is ad the petitioner will apply for authority to “Also assigned to Dickinson is Channel 4 duced to support the petition. Dickin which is reserved for educational noncom operate a television broadcast station on son, population 9,971 (1960 Census), lo the channel if authorized to do so, there mercial use. See Docket No. 14864, adopted cated in Stark County (population March 3, 1963 (28 F.R. 2450). appears to be sufficient merit to warrant * Petitioner states that its broadcast of ABC the institution of rule making. I Commissioner Lee absent. programing (16% hours weekly), does not II Promulgated by Report and Order In conflict with KDIX—TV’s programing from 1 Commissioner Lee absent. Docket No. 15858, adopted July 7, 1965 (1 the same source, since all of the latter’s ABC FCC 2d 15). • ' programing is on a delayed broadcast basis. No. 110—...6 FEDERAL REGISTER, V O L 31, NO. 110— WEDNESDAY, JUNE 8, 1966 8082 Notices proved July 30, 1947 (6 U.S.C. 6-13), to New Jersey: Present designation qualify as sole surety on recognizances, Atlantic______.___ 30F.R. 9114 DEPARTMENT OF THE TREASURY Burlington______30 F.R. 9114 Bureau of Customs stipulations, bonds, and undertakings permitted or required by the laws of the Camden______30 F.R. 9114 [431.1] Cape May______30F.R. 9114 United States, expiring on May 31, 1966, Cumberland______30F.R. 9114 ELECTRIC DESK LAMPS has been extended to August 31, 1966, Gloucester______— 30 F.R. 9114 with an underwriting limitation of Mercer______- 30 F.R. 9114 Tariff Classification $50,000. Ocean______30 F.R. 9114 Salem______. 30 F.R. 9114 June 2, 1966. Dated: June 3,1966. Pursuant to the authority set forth Pursuant to section 16.10a (d) of the [seal] J ohn K. Carlock, Customs Regulations (19 CFR 16.10a Fiscal Assistant Secretary. above, emergency loans will not be made (d) ), the Bureau of Customs gave notice in the above-named counties after June in the F ederal R egister of February 19, [F.R. Doc 66-6279; Filed, June 7, 1966; 30, 1967, except to applicants who pre 1965 (30 FR . 2287), that it would review 8:48 am.] viously received emergency or special the existing established and uniform livestock loan assistance and who can practice of classifying' certain electric qualify under established policies and desk lamps, referred to as “Lampettes,” procedures. in chief value of brass but by weight DEPARTMENT OF THE INTERIOR Done at Washington, D.C., this 2d day predominantly of iron, under the provi Office of the Secretary of June 1966. sion for illuminating articles * * * of Orville L. F reeman, base metal: * * * other: table, floor E. CLYDE McGRAW Secretary. and other portable lamps for indoor il lumination, of brass, in item 653.35, Statement of Changes in Financial [F.R. Doc. 66-6231; Filed, June 7, 1966; Tariff Schedules of the United States Interests 8:45 a.m.] (TSUS). That review has been com In accordance with the requirements pleted, after careful consideration of all of section 710(b) (6) of the Defense Pro representations received. duction Act of 1950, as amended, and DEPARTMENT OF COMMERCE In the review consideration was given Executive Order 10647 of November 28, to classification under the provision for 1955, the following changes have taken National Bureau of Standards illuminating a rticles * * * of base place in my financial interests during the 51ST NATIONAL CONFERENCE ON metal: * * * other: * * * other, in item past 6 months: 653.40 pursuant to Headnote 2(d), WEIGHTS AND MEASURES Schedule 6, TSUS. (1) None. (2) Delete: Kaneb Pipe Line Co. Add: Announcement of Conference However, since Headnote 2(d) requires Atchison-Topeka & Santa Fe Railway Co., classification on the basis of the base General Telephone & Electronics Corp., In The 51st National Conference on metal of predominant weight only when land Steel Co., National Lead Co., Southern Weights and Measures will convene in the competing provisions are equally Railway, United States Pipe & Foundry Co., Statq of California Series L Bonds. Denver, Colo., on July 11,1966, under the specific and since item 635.35 is the more sponsorship of the National Bureau of specific in being limited to portable lamps (3) None. (4) None. Standards, U.S. Department of Com for indoor illumination, Headnote 2(d) merce. The Conference, a meeting of does not apply. Accordingly, under Gen This statement is made as of June 1,- Federal and State weights and measures eral Headnote 9 (f ) (i), classification de 1966. officials and interested representatives of pends upon a finding as to the material Dated: May 27, 1966. industry, business, and consumers, again of chief value. will have standing committees contem The Bureau finds that the desk lamps E. Clyde McG raw. plating changes in model weights and in question are in chief value of brass, [FJt. Doc. 66-6266; Filed, June 7, 1966; measures law, regulations, specifications, portable, and used for indoor illumina 8:47 am.] and tolerances. tion. Therefore, classification under the The Conference will consider changes provisions of item 653.35, with duty at in the “Model State Law on Weights and the rate of 10.5 percent ad valorem, is Measures” and “Model State Regulation proper. DEPARTMENT OF AGRICULTURE Pertaining to Packages” and changes in [seal] Lester D. J ohnson, Handbook 44, Specifications, Tolerances, Commissioner of Customs. Office of the Secretary and Other Technical Requirements for [F.R. Doc. 66-6278; Filed, June 7, 1966; NEW JERSEY Commercial Weighing and Measuring 8:48 a.m.] Devices. Conference committees this Extension of Designation of Area year will deal with package sales, label ing of glass and plastic containers, retro Office of the Secretary for Emergency Loans activity of technical requirements on [Dept. Circ. 570,1965 Rev. Supp. No. 19] For the purpose of making emergency sales of weights and measures devices, loans pursuant to section 321 of the Con and technical requirements for scales, UNITED BONDING INSURANCE CO. solidated Farmers Home Administration liquid-measuring devices, and milk Extension of Authority To Qualify Act of 1961 (7 U.S.C. 1961), it has been bottles. determined that in the hereinafter- These changes, when adopted by the as Surety on Federal Bonds named counties in the State of New National Conference, are recommended Notice is hereby given that the Certifi Jersey natural disasters have caused a to the States for action. Anyone hav cate of Authority issued by the Secretary continuing need for agricultural credit ing an interest in these proceedings may of tile Treasury to United Bonding Insur not readily available from commercial obtain the tentative program and ten ance Co., Indianapolis, Ind., under the banks, cooperative lending agencies, or tative reports of Conference committees provisions of the Act of Congress, ap other responsible sources. by addressing a request for the An- FEDERAL REGISTER, VOL. 31, NO. 110— WEDNESDAY, JUNE 8, 1966 NOTICES 8083 nouncement of the 51st National Confer industry, and commerce of current in and in other engineering standards ac ence on Weights and Measures to : formation in all fields of industrial tivities, both domestic and international; M. W. Jensen, Executive Secretary, National technology; and (d) a Center for Com develops criteria and priorities for par Conference on Weights and Measures, puter Sciences and Technology which ticipation in engineering standards com National Bureau of Standards, Washing conducts research and provides tech mittees, and allocates travel funds for ton, D.C., 20234. nical services designed to improve cost international engineering standards par effectiveness in the conduct of agency ticipation; develops programs of educa Dated: May 25, 1966. programs through the use of computers tion and promotion at NBS toward in A. V. Astin, and related techniques. creased engineering standards commit Director. .05 The National Bureau of Standards tee participation; evaluates effectiveness [F.R. Doc. 66-6238; Filed, June 7, 1966; shall comprise the organizational units of NBS engineering standards activities; 6:46 am.] enumerated in subsequent sections of initiates technical-economic studies to this order. assist in developing effective engineering S ec. 3. Office of the Director. .01 The standards programs; and develops rec Office of the Secretary Director determines the policies of the ommendations for engineering standards [Department Order 90-B] Bureau and directs the development and policy and legislation. execution of its programs. .05 The Office for Program Develop NATIONAL BUREAU OF STANDARDS .02 The Deputy Director assists the ment and Evaluation undertakes such Director in the direction of the Bureau, studies, research, investigations and Organization and Functions with particular regard to planning and other related activities as will provide This material supersedes the material internal coordination of its programs, authoritative and definitive guidance to appearing at 30 F.R. 1204-1208 of Feb and performs the functions of the Direc the Director on how the Bureau’s sub ruary 4,1965, and 30 F.R. 12549-12550 of tor in the latter’s absence. stantive' programs must change, grow, October 1, 1965. S ec. 4. Spècial offices reporting to the and develop so that their outputs will Director. .01 The Office of Public In become and remain optimally related to Section 1. Purpose. The purpose of this order is to prescribe the organization formation conducts the public informa the needs of American science and and assignment of functions within the tion activities of the Bureau, including industry. National Bureau of Standards. coordination of relations with the gen .06 The Director will have available eral press, and policy guidance for in to him the services of a legal counsel S ec. 2. Organization. .01 The Na quiry service for the general public, ex under the supervision of the General tional Bureau of Standards is a principal hibits, tours, and informational films Counsel of the Department of Commerce focal point in the Federal Government programs. to provide necessary legal advice. This for assuring maximum application of the .02 The Office of Industrial Services includes preparation of legislation, pro physical and engineering sciences to the establishes and operates services and viding legal advice regarding patent advancement of technology in industry activities to: (a) examine the existing questions, advising on legal problems and commerce. To this end the Bureau’s and likely future needs for joint indus- connected with grants and contracts, and research and central national services are try-NBS research, data collection, data advising on problems connected with the conducted in three broad program areas: evaluation and dissemination, and im use of proprietary rights and in the ap (a) basic measurement standards, (b) plement responses to the findings; (b) plications of standards of practice. He materials research, and (c) engineering examine and recommend how NBS also provides legal assistance, where nec standards and applied technology. - An generated data, techniques and other re essary, in negotiations with private in “Institute” is established for each of search results may best be transmitted dustry to establish cooperative research these program areas to facilitate coor for utilization in industry and commerce; associations and in the negotiation of dination and management of programs (c) promote cooperative research in and grants and contracts. - involving similar technical objectives, by industry for the solution of its tech S ec. 5. Office of the Associate Director staff, and facilities. nical problems; and (d) develop and ex«» for Administration. .01 The Associate .02 The Institute for Basic Standards pand the Research Associate Program of Director for Administration makes cer conducts programs of basic measurement NBS, under which qualified individuals tain that the Bureau’s programs are car standards, which include research and sponsored by industrial and professional ried forward within applicable regula services oriented toward the needs of the organizations, conduct research tempo tory and procedural restraints, plans and scientific and engineering community of rarily at NBS in collaboration with NBS operates centralized services in the fields the Nation. The Institute comprises a staff on technical problems of widespread of administrative management, and series of divisions, each serving a classical significance. serves as the Director’s principal staff subject matter area of science and engi neering. .03 The Office for Academic liaison adviser on management matters. On serves as the focal point for the Bureau’s matters pertaining to administration and .03 The Institute for Materials Re cooperation with the academic sector, management, the Office of the Associate search conducts materials research and coordinates arrangements for staff ex Director for Administration and all other provides associated reference material changes between the Bureau and aca organizational components, as applicable, services. Beyond their direct interest to demic institutions, provides information of the National Bureau of Standards are the Nation’s scientists and engineers, the to colleges and universities regarding subject to the authorities of the depart activities of this Institute yield services career opportunities in the Bureau, and mental staff offices in the Office of the which are essential to the advancement also serves as liaison office for coopera Assistant Secretary for Administration of technology in industry and commerce. tive research activities between the Bu as provided in Department Order 134, The Institute comprises a series of divi reau and other Government agencies. and supplements thereto. sions organized primarily by technical .02 Functions of each of the organi field. .04 The Office of Engineering Stand ards Liaison and Analysis provides liai zation units (at Gaithersburg, Md.), re .04 The Institute for Applied Tech son between the National Bureau of porting to the Associate Director for Ad nology stimulates technical innovation Standards and engineering standards ministration are: and industrial use of the results of mod bodies, both domestic and international, a. The Accounting Division adminis em science and technology. The prin and coordinates NBS participation with ters the official system of central fiscal cipal elements of the Institute are: (a) a respect to engineering standards in the records, payments and reports, provides Textiles and Apparel Technology Center programs of other Government agencies; test administration service, and provides furnishing specialized technical services supplies assistance to these organizations staff assistance on accounting and re to that industry; (b) technical divisions where necessary, to support their com lated matters; which provide services in technology of mittee activities and help make the Bu b. The Administrative Services Divi more general applicability; (c) the Clear reau resources available for whatever sion has staff responsibility for security, inghouse for Federal Scientific and Tech- other functions are appropriate; coordi safety, emergency relocation planning, nical Information which promotes widest nates the participation of NBS personnel and civil defense activities, and adminis effective use by the scientific community, in engineering standards committees ters mail and messenger and teletype FEDERAL REGISTER, VOL. 31, NO. 110— WEDNESDAY, JUNE 8, 1966 8084 NOTICES service, directory and locator service, b. The Shops Division designs, con Director for Radio Standards, Institute guard services, custodial functions, du structs, and repairs precision scientific for Basic Standards, assists in the direc plicating service., and local transporta instruments and auxiliary equipment for tion of the Institute’s programs at the tion service; and auditorium and confer the NBS and ESSA activities at Boulder, Boulder Laboratories relating to radio ence room services ; Colo. science. c. The Budget and Management Divi c. The Plant Division operates and .03 The Office of Standard Référence sion advises on financial management maintains the physical facilities at the Data administers the National Standard and provides staff assistance in the prep Boulder, Colo., Laboratories; and plans Reference Data System which provides aration of estimates and the utilization of alterations and expansion of physical critically evaluated data in the physical funds, provides staff assistance in im facilities as required by NBS and tenant sciences on a national basis. This re provement of management practices, agencies. quires arrangement for the continuing makes organization and procedures S ec. 6. Office of the Associate Director systematic review of the national and studies, provides advisory service on ad for Technical Support. .01 The Asso international scientific literature in the ministrative requirements of technical ciate Director for Technical Support physical sciences, the evaluation of the programs, develop« and maintains allied plans and operates centralized technical data it contains, the stimulation of re programs such as issuances, records and services which directly support the Bu search needed to fill important gaps in forms management, and coordinates ad reau’s technical programs. He also the data, and the compilation and dis ministrative procedures and actions serves as the Director’s principal staff semination of evaluated data through a where several administrative divisions adviser on technical support matters. variety of publication and reference serv are affected; .02 The functions of each of the or ices tailored to the user needs in science ganization units reporting to the Asso and industry. d. The Internal Audit Division assists .04 The other organizational units of the Director and other Bureau officials ciate Director for Technical Support are: by conducting independent, objective, a. The Office of Technical Informa the Institute for Basic Standards are and constructive appraisals of the effec tion and Publications fosters the outward as follows : tiveness and efficiency with which the communication of the Bureau’s scientific Applied Mathematics Division,. Bureau’s operating administrative and findings and related technical data to Electricity Division. science and industry through reports, Metrology Division. financial programs are being carried out Mechanics Division. and reporting its findings and recom articles, conferences and meetings, films, correspondence and other appropriate Heat Division. mendations for consideration and action; Atomic Physics Division. mechanisms; and assists in the prepara Physical Chemistry Division. e. The Personnel Division advises on tion, scheduling, printing and distribu personnel policy and utilization, and ad Laboratory Astrophysics Division. tion of Bureau publications; Radiation Physics Division. ministers recruitment, placement, classi b. The Research Information Division ♦Radio Standards Laboratory: Radio Stand fication, training and employee relations furnishes diversified information serv ards Physics Division, Radio Standards activities, and assists operating officials ices to the staff of the Bureau, including Engineering Division. on these and other aspects of personnel conventional library services, biblio management; а. Each division except the Applied graphic, reference, and translation serv Mathematics Division engages in such of f. The Plant Division maintains the ices, and conducts studies associated the following functions as are appro physical plant at Washington, D.C., and with the mechanization of the foregoing Gaithersburg, Md„ and performs staff priate to~ the subject matter field indi services; cated generally by the division title: work in planning and providing grounds, c. The Office of Radiation Safety is buildings, and improvements at all Bu 1. Develop and maintain the national responsible for radiation safety in the standards for physical measurement, de reau locations; and Bureau, operation of health physics velop appropriate multiples and sub g. The Supply Division performs or activities, AEC licensing for radiation multiples of prototype standards, and facilitates the procurement and distribu sources, and accountability for radio develop transfer standards and standard tion of material, keeps records and pro active materials; instruments; motes effective utilization of property, d. The Instrument Shops Division 2. Determine important fundamental acts as the contracting office for all re designs, constructs, and repairs precision physical constants which may serve as search, construction, supply and lease scientific instruments and auxiliary reference standards, and analyze the self contracts entered into by the Bureau, equipment; and consistencies of their measured values; and administers communication services. e. The Measurement Engineering Di 3. Conduct experimental and theoreti .03 In addition to the above organiza vision serves the Bureau in an engineer cal studies of fundamental physical tional units, the Executive Officer for ing consulting capacity in measurement phenomena of interest to scientists and Boulder Support (at Boulder, Colo.) re technology. It provides technical advice engineers with the general objective of ports to the Associate Director for Ad and apparatus development supported improving or creating new measurement ministration. The administrative and by appropriate research, especially in methods and standards to meet existing technical activities reporting to the Ex electronics and in the combinations of or anticipated needs; ecutive Officer for Boulder Support pro electronics with mechanical; thermal, 4. Conduct general research and de vide administrative guidance, facilities and optical techniques. velopment on basic measurement tech and management planning and technical S ec. 7. Institute for Basic Standards. niques and instrumentation, including and administrative supporting services .01 The Institute for Basic Standards research on the interaction of basic for all NBS activities conducted at provides the central basis within the measuring processes on the properties of Boulder, Colo., and are responsible for United States of a complete and con matter and p h y s i c a l and chemical the effective servicing of the Environ-, sistent system of physical measurement; processes; mental Science Services Administration coordinates that system with the meas 5. Calibrate instruments in terms of activities at Boulder, Colo., and appro urement systems of other nations; and the national standards, and provide other priate field stations. Functions of the furnishes essential services leading to measurement services to promote ac administrative and technical support accurate and uniform physical measure curacy and uniformity of p hysical divisions at Boulder, Colo, are: ments throughout the Nation’s scientific measurements; a. The Administrative Services Divicommunity, industry, and commerce. б. Correlate with other nations the sion performs procurement, property .02 The Director, Institute for Basic national standards and definitions of the management, office services (including Standards, directs the development, units of measurement; and security) and financial management execution, and evaluation of the pro functions as delegated by the Director grams of the Institute. The Deputy Di ♦(The closely allied Radio Standards which are necessary to the adequate sup rector, Institute for Basic Standards, Physics and Radio Standards Engineering port of the NBS and ESSA activities at assists in the direction of the Institute Divisions are grouped under the Radio Stand Boulder, Colo., and their associated field and performs the functions of the Direc ards Laboratory for facility in administra stations. tor in the latter’s absence. The Deputy tion.) FEDERAL REGISTER, VOL. 31, NO. 110— WEDNESDAY, JUNE 8, 1966 NOTICES 8085 7. Provide advisory services to Governof importance to science and industry The Clearinghouse channels and directs ment, science, and industry on basic such as fatigue and fracture, crystal the flow of significant Government R & D measurement problems. growth and imperfections, stress cor to the technical industrial community, b. The Applied Mathematics Division: rosion, etc.; both nationally and regionally, function 1. Conducts research in various fields d. Develop techniques for measure ing as a wholesaler of technical reports of mathematics important to physical ment of the properties of materials under and information to state-industry-uni and engineering sciences, automatic data carefully controlled conditions extending versity development groups, trade asso processing, and operations research with to the extremes of high and low tempera ciations and the technical press. Fur emphasis on statistical, numerical and ture and pressure, and exposure to dif ther, the Clearinghouse provides basic combinatorial analysis and mathematical ferent types of radiation; information and counsel regarding tech physics; e. Assist in the development of stand nical, industrial production matters to 2. Provides consultative services to the ard methods and equipment for testing countries participating in the programs Bureau and other Federal agencies; and materials; of the Agency for International Develop 3. Devélops tools for mathematical f. Conduct research and develop meth ment (AID). work; such as mathematical tables, hand odology leading to the production of .04 The Textile and Apparel Technol books, manuals, mathematical models, standard reference materials and pro ogy Center (a) cooperates with trade as and computational methods and advises duce these materials; and sociations and other appropriate organi on their use. g. Provide advisory services to Gov zations to identify obstacles to technical S ec. 8. Institute for Materials Re ernment, science and industry on basic innovation in the textile industry and to search. .01 The Institute for Materials materials problems. formulate programs to overcome these; Research assists and stimulates industry S ec. 9. Institute for Applied Tech (b) collects, analyzes and disseminates in the development of new and improved nology. .01 The Institute for Applied technical information of particular im products by supplying increased under Technology provides technical services to portance to industry; (c) develops cri standing of basic properties of materials. promote the use of available technology teria for evaluation of textiles and ap The main functions of the Institute are: and to facilitate technological innovation parel ; (e) cooperates in the development (a) Conduct research on the fundamen in industry and Government. The main of industry standards; and (f) provides tal properties of matter and materials functions of the Institute are: (a) To support for research in private labora which are of importance to science, in identify and evaluate obstacles to tech tories on problems of general importance dustry, and commerce, and the collection nical innovation and to participate in in the industry. and dissemination of data on these prop overcoming them; (b) to provide indus .05 The Center for Computer Sciences erties; (b) develop techniques for the try and Government with technical bases and Technology conducts research and preparation of experimental materials for their evaluation of technological provides technical services to the Ad and for the measurement of their prop products and services; (c) to maintain ministrator of General Services (with re erties; (c) develop criteria by which the cooperation with public and private or spect to his responsibilities under Public performance characteristics of basic ma ganizations leading to the development Law 89-306) and to other Government terials may be evaluated; and (d) de Of technological standards (including agencies on request designed to aid in velop, produce, and distribute standard mandatory safety standards), codes and improving cost effectiveness in the con reference materials which provide a basis methods of test; (d) to disseminate tech duct of their programs through the selec for comparison of measurements on nical information; and (e) to provide tion, acquisition, and effective utilization materials and aid in the control of pro technical advice and services to Govern of automatic data processing field in duction processes in industry. ment agencies upon request in (1) tech volved (a) Providing advisory and con .02 The Director, Institute for Ma nical analysis, simulation, and appraisal sultative services to executive agencies terials Research, directs the development, concerning the achievement of increased on the methods for developing informa execution and evaluation of the programs cost-effectiveness, including operations tion systems based on the use of com of the Institute. The Deputy Director, research and benefit-cost analysis; and puters and the programing and lan Institute for Materials Research, assists in (2) the design of information systems guages thereof; (b) undertaking re in the direction of the Institute and per and the utilization of automatic data search in computer sciences and tech forms the functions of the Director in the processing. niques, including system design, oriented latter’s absence. .02 The Director, Institute for Applied primarily toward Government applica .03 The Office of Standard Reference Technology, directs the development, tions; (c) providing day-to-day guidance Materials evaluates the requirements of execution, and evaluation of the pro and monitorship of an executive branch science and industry for carefully char grams of the Institute. The Deputy Di program for supporting the development, acterized reference materials, stimulates rector, Institute for Applied Technology, measurement, and testing of voluntary the Bureau’s efforts to develop methods assists in the direction of the Institute commercial standards for automatic data for production of needed reference ma and performs the functions of the Di processing equipment, techniques, and terials and directs their production and rector in the latter’s absence. computer languages; and (d) improving distribution. .03 The Clearinghouse for Federal compatibility in automatic data process .04 The other organizational units of Scientific and Technical Information ing equipment procured by the Federal the Materials Research Institute are as provides a single point of contact in the Government by recommending uniform follows: Federal Government through which cur Federal standards for automatic data rent research efforts and the results of Analytical Chemistry Division. processing equipment, techniques, and Polymers Division. Government-sponsored research in sci computer languages. Functions of the Metallurgy Division. ence and technology are made available organization units of the Center are: Inorganic Materials Division. to industry, commerce, and the general a. The Director is responsible for Reactor Radiations Division. public, and provides for a central service establishment of operating policy; plan Cryogenics Division. for the translation of foreign and tech ning; coordination and direction of all nical documents. The Clearinghouse the functions and responsibilities as Each division engages in such of the collects, organizes and publicizes un signed to the Center. The Deputy and following functions as are appropriate classified Government-generated techni Technical Director assists the Director in to the subject matter field indicated gen cal reports and provides reference, re the direction of the Center, with particu erally by the division title: ferral, and sales services for technical lar regard to planning and internal co a. Conduct research on the chemical reports and translations received from ordination of its programs, and performs and physical constants, properties, con domestic and foreign sources. The pri the functions of the Director in the lat stitution and structure of matter; mary aim of the Clearinghouse is to ter’s absence. b. Devise and improve methods for the achieve through interagency agreement b. The Office for Information Process preparation, purification, analysis, and and cooperation a unified documenta characterization of materials; ing Standards administers and coordi tion and distribution system for Gov nates all activities involved in the devel c* Investigate fundamental chemical, ernment-generated technical reports and metallurgical, and physical phenomena opment, testing, and coordination of pro information on research in progress. posed standards in the field of informa- FEDERAL REGISTER, VOL. 31, NO. 110— WEDNESDAY, JUNE 8, 1966 8086 NOTICES tion processing including preparation of a. The Office of Weights and Measures priate, for other agencies of the Execu recommendations to foster the general provides technical assistance to the tive Branch. use of approved standards throughout States with regard to model laws and Effective date: May 16, 1966. the Government. technical regulations, and to the States, c. The Technical Information Ex business, and industry in the areas of D avid R. B aldwin, change functions as a specialized infor testing, specifications, and tolerances for Assistant Secretary for mation center on computer sciences and weighing and measuring devices, the de Administration. technology which provides a referral sign, construction, and use of standards [F.R. Doc. 66-6241; Filed, June 7, 1966; service for the formal literature and a of weight and measure of associated in 8:45 a.m.] reference service for the informal litera struments, and the training of State and ture and related materials such as gen local weights and measures officials. eral use computer programs. It also b. The Office of Engineering Stand [Department Order 46, Amdt. 2] serves as a repository for source material ards Services cooperates with and assists for case histories and for the complete producers, distributors, users and con PROCUREMENT record of ADP standardization efforts by sumers of products, and agencies of the the American Standards Association, In Federal, State and local governments in Delegated Authority ternational Standards Organization and the development of standards for prod the Federal Government. In addition, it ucts (these functions are performed The following amendment to the order assists in the preparation of special tech through the Product Standards Pro was issued by the Secretary of Com nical summaries and state-of-the-art gram) ; develops safety standards re merce oh May 20, 1966. The material reports. quired by statute and conducts appro appearing at 29 F.R. 13541-13542 of Oc d. The Computer Services Division pro priate sampling, testing and evaluation; tober 1, 1964, is hereby further amended vides computing and data conversion and provides information services with and the material appearing at 30 F.R. services to NBS and other agencies on a respect to engineering standards, public 6548 of May 12, 1965, is superseded. reimbursable basis, together with the and private. 1. Appendix A, dated April 28, 1965, supporting problem analysis and com .07 The Office of Invention and In to Department Order 46 of September puter programing, as required. novation analyzes the effect of Federal 16, 1964, is hereby amended to read: e. The Management Applications Plan laws and policies (e.g., tax, antitrust, and “Part I. Organization units delegated ning Division provides assistance on re regulatory policies) on the national cli procurement authority: quest to Federal agencies in the planning mate for invention and innovation; un “National Bureau of Standards. and development of management infor dertakes studies in related areas with “Environmental Science Services Ad mation systems which make effective use çther agencies; and assists and encour ministration (except as specified in Part of available computers and related tech ages inventors through inventors’ serv n hereof). niques. In addition, it develops recom ices and programs, including cooperative “Bureau of the Census (except as mendations for methods of measuring activities with the States, specified in Part II hereof). and improving the effectiveness with .08 The other organizational units of which computers are selected and used by “Maritime Administration (except as the Institute for Applied Technology and specified in Part II hereof). Federal agencies. the functions of each are as follows: f. The Systems Research and Devel “Bureau of Public Roads (except as opment Division conducts investigations a. The Building Research Division de specified in Part n hereof). into advanced concepts for the develop velops criteria for performance stand \ “Part II. Organization units for which ment, organization, and implementation ards of building products, structures, the Assistant Secretary for Administra of systems dependent upon available and systems; and cooperates with indus tion exercises procurement authority: computers, including the innovation or try, other Government agencies, and the professional associations of the industry “Office of the Secretary, including all extension of those techniques needed for in the development of standards and components thereof. the design of advanced prototype methods of measurement. “All operating units not enumerated in systems. Part I hereof. g. The Information Processing Tech b. The Electronic Instrumentation Di vision develops criteria for the evaluation “Bureau of Public Roads (procure nology Division conducts research and ment of personal property and nonpro development and collaborates therein of products and services in the general field of electronic instrumentation; co fessional and nontechnical service con with other Federal agencies in selected tracts for headquarters office use). areas of information processing tech operates with appropriate public and pri nology and related disciplines to improve vate organizations in identifying needs ^ “Census Bureau (all procurement un methodologies and to permit the match for improved technology in this field; der $2,500). ing of developing needs with new or im and cooperates in the development of “Maritime Administration (procure proved techniques and tools; as directed, standards, codes and specifications. ment of administrative equipment and makes available central research facili Further, it applies the technology of supplies for headquarters use). ties in support of the research and de electronic instrumentation to the devel “Environmental Science Services Ad velopment responsibilities of the Center. opment of methods of practical measure ministration (all procurement and con h. The Information Sciences Division tracts for nontechnical items, items of maintains awareness of emerging de ment of physical quantities and proper common use within the Department, and velopments in the field of information ties of materials. selected items or services of a scientific sciences and related disciplines in order c. The Technical Analysis Division or technical nature as designated to select those areas in which the Center conducts benefit-cost analyses and other through mutual agreement between the should conduct (or arrange for the con basic studies required in planning and Director of Administration of ESSA and the Director, Office of Administrative duct of) investigations needed to provide carrying out programs of the Institute. technical insight for fostering advances Services, Office of the Secretary).” in the information sciences of broad fu This includes the development of simula 2. This amendment supersedes ture significance to the Federal Govern tions of industrial systems and of Gov Amendment 1 of April 28,1965. ment. ernment interactions with industry, and .06 The Manager, Engineering Stand the conduct of studies of alternative In Effective date: May 20, 1966. ards, plans and administers the programs stitute programs. On request, the Divi D avid R. B aldwin, of the Office of Weights and Measures sion provides similar analytic sendees Assistant Secretary for and the Office of Engineering Standards Administration. Services and participates in the formula for other programs of the Department tion of policy with respect to engineering of Commerce, in particular those of the [F.R. Doc. 66-6242; Filed, June 7, 1966; standards activities. science-based bureaus, and, as appro 8:45 a.m.] FEDERAL REGISTER, VOL. 31, NO. 110— WEDNESDAY, JUNE 8, 1966 NOTICES 8087 [Department Order 117-A] the functions and exercise the powers referred to in section 301(a) of the Mer MARITIME ADMINISTRATION and authorities vested in the Secretary chant Marine Act, 1936, as amended (46 of Commerce by: UJ5.C. 1101, et seq.). Organization and Functions a. Reorganization Plan No. 21 of 1950 b. All functions transferred to the Sec and section 202 of Reorganization Plan retary of Commerce by section 202(b) (2) The following order was issued by the No. 7. of 1961, except those functions, (except requiring the filing of reports, Secretary of Commerce on May 20, 1966. powers and authorities delegated to the accounts, records, rates, charges, and This material, together with Department Maritime Subsidy Board by section 4 of memoranda under section 21 of the Ship Order 117-B of May 20, 1966, supersedes this order; ping Act, 1916, as amended, and making the material appearing at 30 F.R. 14534 b. Title VI of the Civil Rights Act of reports and recommendations to Con of November 20, 1965; 27 F.R. 7687 of 1964, which are applicable to the Mari gress) and section 202(b)(3) of Reor August 3, 1962; and 27 F.R. 3637-3641 of time Administrator, as provided in De ganization Plan No. 7 of 1961, insofar as April 17, 1962. ' partment Order 195 and the regulations said functions relate to the functions S ection 1. Purpose. The purpose of referred to therein; described in subparagraph a. of this this order is to delegate authority to the c. Executive Orders 10480 and 10999, paragraph. Maritime Administrator and the Mari as amended, and any present or subse c. All functions under Title VI of the time Subsidy Board, Maritime Adminis quent delegations or implementing or Civil Rights Act of 1964, which are ap tration, and prescribe the general func ders under mobilization statutes, with plicable to the Maritime Subsidy Board, tions of the Maritime Administration. respect to intercoastal, coastwise, and as provided in Department Order 195 and S ec. 2. General. .01 Maritime Admin overseas shipping and ports and port fa the regulations referred to therein, which istration. The Maritime Administration cilities, including the use thereof; delegated authority shall be performed in established in the Department of Com d. Any other existing or subsequent accord with the provisions of said De merce by Reorganization Plan No. 21 of legislation and Executive Orders with re partment order and regulations, and 1950, effective May 24, 1950, as affected spect to the promotion and maintenance shall be exempted from review under by Reorganization Plan No. 7 of 1961, of the American merchant marine, ex effective August 12, 1961, is continued as section 6 of this order . cept those relating to the functions, d. All functions vested in the Secretary a primary operating unit in the Depart powers and authorities delegated by sec ment of Commerce. The Maritime Ad of Commerce by any existing or subse tion 4 of this order ; and quent legislation and Executive orders ministration is headed by the Maritime e. Any existing or subsequent legisla Administrator appointed by the Presi tion providing for the transfer, or other relating to the functions described in sub- dent, by and with the advice and consent wise making available, o f vessels under paragraphs a and b of this paragraph. of the Senate. The Maritime Adminis the jurisdiction of the Department to .02 Any member of the Maritime Sub trator shall report and be responsible to another Federal agency. sidy Board or the Secretary or an Assist the Under Secretary of Commerce for .02 The authority granted by subpara ant Secretary of the Maritime Subsidy Transportation. The Maritime Admin graph .01c. of this section shall not be Board is authorized to execute and sign istrator is vested with the residual pow deemed to include authority to grant contracts and other documents author ers and authorities of the Director, Na exceptions from, or amend, modify or re ized or approved pursuant to section 4 tional Shipping Authority, which was vise the provisions of Transportation or 6 hereof or paragraph b of section 3 established by the Secretary of Com -, Orders T -l and T-2, as amended. of Department Order 117-B. The execu merce, effective March 13, 1951, and is tion of such contracts or documents may designated Commandant of the U.S. .03 Any condition or limitation which be attested, under the seal of the Mari Maritime Service. may be imposed by the Secretary of Com time Administration, by the Secretary .02 Maritime Subsidy Board. -The merce or the Under Secretary of Com or an Assistant Secretary of the Mari Maritime Subsidy Board is continued merce for Transportation on the author time Subsidy Board. ity delegated in paragraph .01 of this within the Maritime Administration. .03 The Maritime Subsidy Board may, The Board is composed of the Maritime section and which requires public notice under the provisions of section 3(a) of with the approval of the Secretary of Administrator, the Deputy Maritime Ad Commerce, redelegate the authority dele ministrator and the General Counsel of the Administrative Procedure Act will be published in the F ederal R egister. gated herein, and prescribe necessary the Maritime Administration. In the limitations, restrictions and conditions case of a vacancy in the Board or the .04 The Maritime Administrator may on the exercise of such authority. Ac absence or disability of one of its mem redelegate his authority to officials of tion taken by any redelegatee pursuant bers, the Comptroller of the Maritime the Maritime Administration subject ta to the authority herein contained shall Administration shall act as a member of such limitations in the exercise of such be exempt from the provisions of section the Maritime Subsidy Board. Each authority as he may prescribe. 6 of this order. member of the Maritime Subsidy Board, S ec. 4. Delegations of authority to the S ec. 5. General functions. .01 The while serving in that capacity, shall act Maritime Subsidy Board. .01 Pursuant Maritime Administration, in accordance pursuant to direct authority from the to the authority vested in the Secretary with the declaration of policy stated in Secretary of Commerce and exercise of Commerce by Reorganization Plan No. Title I of the Merchant Marine Act, 1936, judgment independently of authority 21 of 1950, as affected by Reorganization as amended, shall be responsible for otherwise delegated to the Maritime Ad Plan No. 7 of 1961, and Reorganization fostering the development and mainte ministrator. The Maritime Administra Plan No. 5 of 1950, the Maritime Sub nance of an American merchant ma tor or the Acting Maritime Administrator sidy Board is authorized to perform the serves as Chairman of the Maritime Sub rine sufficient to meet the needs of the functions and exercise the powers and national security and of the domestic and sidy Board. The concurring votes of two authorities vested ih the Secretary of members shall be sufficient for the dis foreign commerce of the United States. Commerce as follows: The functions of the Maritime Adminis position of any matter which may come a. All functions heretofore vested in before the Board. tration include the award of construc the Federal Maritime Board pursuant to tion-differential and operating-differen S ec. 3. Delegations of Authority to section 105(1) (except the last proviso the Maritime Administrator. .01 Pur tial subsidies to the American merchant thereto), section 105(2), and, insofar as marine; trade-in of ships of new con suant to the authority vested in the Sec- applicable to these functions section 105 retary °f Commerce by Reorganization struction; administration of construc (3) of Reorganization Plan No. 21 of tion reserve funds; providing insurance Plan No. 21 of 1950, as affected by Re 1950, as the same have been transferred organization Plan No. 7 of 1961, and Re on construction loans and ship mort to the Secretary of Commerce by section gages obtained from private sources for organization Plan No. 5 of 1950, and 202(b) (1) of Reorganization Plan No. 7 subject to such policies and directives as ship construction and reconstruction; of 1961, except investigations, hearings providing assistance to the shipping in the Secretary of Commerce and the Un- and determinations, including changes aer Secretary of Commerce for Trans dustry to generate increased trade and in determinations, with respect to mini cargo shipments on UJS.-flag ships; ad portation may prescribe, the Maritime mum manning scales, minimum wage Aaministrator is authorized to perform ministration of charters and general scales and minimum working conditions agency agreements for operation of Gov- FEDERAL REGISTER, VOL. 31, NO. 110— WEDNESDAY, JUNE 8, 1966 8088 NOTICES emment-owned ships; custody and pres on official notice of a material fact not action and, in the case of actions under ervation of ships in National Defense appearing in the evidence in the record, paragraph .02 of this section, run from Reserve Fleets; exchange of war-built any party of record shall, if request is the date of the Board’s action, finally dis ships with unsubsidized operators; de made within ten (10) days after the date posing of the issues presented by the peti sign and construction of ships for Gov of service of the Under Secretary’s de tion for reconsideration. ernment account; furnishing of war risk cision on said party, be afforded an op .04 In computing any period of time insurance on privately owned merchant portunity to show the contrary. The under this section, the time begins with ships; training of merchant marine offi said ten (10) days shall constitute the the day following the act, event, or de cers; and administration of a research period for a “timely request” within the fault, and includes the last day of the and development program in the mari meaning of section 7(d) of the Admin period unless it is Saturday, Sunday, or time field. The functions of the Mari istrative Procedure Act. national legal holiday, in which event the time Administration also include the .02 The Under Secretary may on his period nms until the end of the next day making of rules and regulations with re own motion review all actions of the which is not a Saturday, Sunday, or such spect to the foregoing functions. Maritime Subsidy Board other than holiday. The prescribed time for action .02 Insofar as deemed desirable, the those referred to in paragraph .01 of this by the Under Secretary in a proceeding Chairman of the Maritime Subsidy Board section by entering a written order stat in which additional days have been added may make use of officers and employees ing that he elects to review the action of pursuant to the provisions of this para of the Maritime Administration to per the Board. Any person having an inter graph shall be extended by the total of form activities for the Maritime Subsidy est in any action of the Board under this such additional days. Board. Employees of the Maritime Ad paragraph shall have the privilege of .05 Petitions and requests for review ministration may be designated as the submitting to the Under Secretary, by the Under Secretary shall not be filed: Secretary or Assistant Secretaries of the within ten (10) days after the date of a. Unless the petitioner shall have first Board. such Board action, a request that the exhausted his administrative remedies (other than a petition for reconsidera S ec. 6. jReview and finality of actions Under Secretary undertake such review. by Maritime Subsidy Board. .01 The Such request shall be in writing and shall tion) before the Maritime Subsidy Under Secretary of Commerce for Trans state the grounds upon which the person Board; nor portation (hereinafter referred to as submitting the same relies and his inter b. With respect to interlocutory de “Under Secretary”) may, on his own mo est in the action for which review is re cisions of the Maritime Subsidy Board in tion or on the basis of a petition filed quested. Ten (10) copies of such re actions or proceedings referred to in as hereinafter provided, review any de quests shall be submitted to the Under paragraphs .01 and .02 of this section. cision, report and/or order of the Mari Secretary. Any other person having an .06 The Under Secretary may, for time Subsidy Board based on a hearing interest in such matter shall have the good cause and/or in order to prevent held pursuant to (a) statutory require privilege of submitting within fifteen undue hardship in any particular case, ments or (b) Board order, by entering a (15) days after the date of the Board’s waive or modify any procedural provision written order stating that he elects to action, a written request that the Under of this section by written order. review the action of the Board. Copies Secretary not exercise such review. S ec, 7. Basic organization structure. of all orders for review shall be served Copies of request that the Under Secre Department Order 117-B prescribing the on all parties of record (which phrase tary undertake or not exercise review will basic organization structure and assign includes the Board). Petitions for re be open for public inspection at the office ment of functions within the Maritime view under this paragraph may be filed of the Secretary of the Board. If either a Administration, shall be developed and by parties of record, shall be in writing, request that the Under Secretary under issued by the Administrator, with the ap-s> and shall state the grounds upon which take review or a request that he not proval of the Under Secretary for Trans petitioner relies. Ten (10) copies of exercise review is submitted within the portation and the Assistant Secretary for such petitions for review, together with time prescribed, an action of the Board Administration. proof of service thereof on all parties of shall be final in ten (10) days after ex S ec. 8. Savings provision. .01 All record, shall be filed with the Under Sec piration of the time prescribed for sub orders, determinations, rules, regula retary within fifteen (15) days after the mission of a request that review not be tions, permissions, delegations, approval, date of the service of the Board’s de exercised unless the Under Secretary, agreements, rulings, certificates, direc cision, report or order. Parties of rec prior to the expiration of the ten (10) tives and other actions heretofore issued ord may file replies in writing thereto. days, enters a written order stating that or taken by or relating to the Federal Ten (10) copies of such replies, together he elects to review the action of the Maritime Board, Maritime Administra with proof of service thereof on the Board. If neither a request that the tion, Maritime Subsidy Board, National petitioner and all other parties of record, Under Secretary undertake review nor a Shipping Authority and their predeces shall be filed with the Under Secretary request that he not exercise review is sub sor agencies, and in effect on the effective within ten (10) days after the date the mitted within the time prescribed, an date of this order shall, insofar as they petition for review is timely filed. action of the Board shall be final in relate to the functions referred to here twenty (20) days after the date of such in and are not inconsistent herewith, re Petitions for review and replies thereto main in full force and effect until here shall be limited to the record before the action unless the Under Secretary, prior Board. If a petition for review is filed to expiration of the twenty (20) days, after suspended, amended or revoked un enters a written order stating that he der appropriate authority. within the time prescribed, a decision, .02 All actions, proceedings, hearings report or order of the Board shall be final elects to review the action of the Board. fifteen (15) days after expiration of the Copies of all orders for review shall be or investigations pending on the effec time prescribed for filing a reply thereto served upon the Board, and upon all per tive date of this order before the Mari sons filing requests as herein described. time Administration or the Maritime unless the Under Secretary, prior to Subsidy Board in respect to the functions expiration of the fifteen (15) days, .03 If a timely petition for reconsid enters a written order granting the eration is filed under the rules prescribed referred to in this order shall be con by the Board, the time for filing a petition tinued before the Maritime Administra petition for review. If no petition for tion or the Maritime Subsidy Board, as review is filed within the time prescribed, or request for review by the Under Sec a decision, report or order of the Board retary under paragraph .01 or .02 of this the case may be, in accordance with the shall be final twenty (20) days after the section, respectively, or the entry of an delegations made pursuant to this order. date of service of the decision unless the order by the Under Secretary on his own Effective date : May 20,1966. Under Secretary, prior to expiration of motion electing to review an action of D avid R. B aldwin, the twenty (20) days, enters a written the Board under paragraph .01 or .02 of Assistant Secretary for order stating that he elects to review the this section, shall, in the case of actions Administration. action of the Board. If upon any review under paragraph .01 of this section run [F.R. Doc. 66-6236; Filed, June 7, 1966; the decision of the Under Secretary rests from the date of service of the Board’s 8:50 ajn.j FEDERAL REGISTER, VOL. 31, NO. 110— WEDNESDAY, JUNE 8, 1966 NOTICES 8089 (b) The order of succession in the Ofamended, 20 U.S.C. 15 i-m, o-q, aar-jj, DEPARTMENT OF HEALTH, EDU fice of Education is as follows: aaar-ggg). (1) During the absence or disability of (10) Public Law 74-741 approved June CATION, AND WELFARE thë' Commissioner of Education or in 22, 1936 (studies of and reports on the event of a vacancy in that office, the library services) (49 Stat. 1797, as Office of the Secretary first official listed below who is available extended). STATEMENT OF ORGANIZATION AND shall act as Commissioner. (11) Extension of the George-Barden DELEGATIONS OF AUTHORITY a. Deputy Commissioner. Act to the Virgin Islands (vocational ed b. Associate Commissioner for Federal- ucation) (P.L. 81-462 approved March Part 6 of the Statement of Organiza State Relations. 18, 1950, 64 Stat. 27, 20 U.S^J. 31-33). tion and Delegations of Authority of the c. Other Associate Commissioners in order (12) Agreement with Housing and Department of Health, Education, and of the seniority of their appointments as Home Finance Agency under Title IV of Welfare (22 F.R. 1045) is hereby Associate Commissioner or, in the event of the Housing Act of 1950 (college housing concurrent appointments, in order of the amended to read as follows: seniority of their appointments to the Office loans) (P.L. 81-475 approved April 20, P art 6—Office of E ducation of Education. 1950, 64 Stat. 79, as amended, 12 U.S.C. d. Assistant Commissioner for Administra 1749a(c)(2)). Sec. 6.00 Mission. The Office of Edu tion. (13) Section 18 of Public Law 81-740 cation is responsible for providing pro -approved August 30,1950 (Future Farm fessional and financial assistance to (2) During the absence or disability ers of America) (64 Stat. 567, 36 U.S.C. strengthen education in the United of the Deputy Commissioner or in the 288). States in accordance with Federal laws event of a vacancy in that office, the first (14) Public Law 81-815 approved Sep and regulations. official listed in b through d, above, who tember 23, 1950 (assistance to federally S ec. 6.10 Organization, (a) The Office is availablé shall act as Deputy Commis affected areas and disaster relief areas of Education, which is under the super sioner. for construction of schools) (64 Stat. vision and direction of the Commissioner S ec. 6.20 Functions, (a) Except as 967, as amended, 20 U.S.C. 631-645). of Education, consists of the following: provided in Part 2 (Office of the Secre (15) Public Law 81-874 approved Sep tary) and section 6.30 of this Part tember 30, 1950 (assistance to federally Office of the Commissioner: (Reservation of Authority), the Com Commissioner. affected areas and disaster relief areas Deputy Commissioner. missioner of Education shall exercise the for operation and maintenance of schools Associate Commissioner for Federal-State functions vested in or delegated to the and assistance to local educational agen Relations. Secretary, the Department of Health, cies for meeting the special educational Associate Commissioner for International Education, and Welfare, the Commis needs of educationally deprived chil Education. sioner, or the Office of Education by or dren) ; except the functions of the Sec Associate Commissioner for Field Services. under the following: retary in section 203(d) relating to de Office of Administration. (1) Reorganization Plan Number 1, Office of Information. terminations with respect to payments Office of Legislation. 53 Stat. 1424, July 1, 1939, and Reorga under the program of aid to families with Office of Program Planning and Evaluation. nization Plan Number 1, 67 Stat. 631; dependent children and in section 212(b) Division of Program Planning. 20 U.S.C. 1, April 11, 1953; derived from relating to assistance to the National Division of Program Evaluation. the Acts of March 2, 1867, 14 Stat. 434, Advisory Council on the Education of Office of Equal Educational Opportunities. and July 20, 1868, 15 Stat. 92 (establish Disadvantaged Children (64 Stat. 1100, Office of Disadvantaged and Handicapped. ment of Federal agency). as amended, 20 U.S.C. 236-244). Contracts and Construction Service. (2) Morrill Acts (establishment of and National Center for Educational Statistics. (16) Immigration and Nationality Office of the Assistant Commissioner. assistance to land-grant colleges and Act (approval of schools for aliens under Division of Data Sources and Standards. universities) ; except that authority to student visas) (P.L. 82-414 approved Division of Data Processing and Data Anal certify funds is reserved to ¿he Secretary June 27, 1952, 66 Stat. 166, as amended, ysis. (Act of July 2, 1862, 12 Stat. 503, and 8 U.S.C. 1101(a) (15) (F) ). Division of Statistical Analysis. Act of August 30, 1890, 26 Stat. 417, as (17) Veterans Readjustment Assist Division of Operations Analysis. amended, 7 U.S.C. 301-329). Bureau of Elementary and Secondary Educa ance Act of 1952 (approval of accredit tion: (3) Joint Resolution No. 8, 52d Cong., ing agencies and membership on advisory Office of the Associate Commissioner. approved April 12, 1892 (availability of committee to Administrator of Veterans Division of Plans and Supplementary Cen lib rary facilities) (27 Stat. .395, as Affairs) (P.L. 82-550 approved July 16, ters. amended, 20 U.S.C. 91). 1952, 66 Stat. 672, as amended, 38 U.S.C. Division of Program Operations. (4) Act of May 28, 1896 (publications 1644, 1653, 1662-1664, 1667). Division of State Agency Cooperation. and international education studies) (29 (18) Executive Order 10521 of March Division of School Assistance in Federally Affected Areas. Stat. 171, 20 U.S.C. 3). 17,1954 (consultation with National Sci Division of Educational Personnel Train (5) Smith-Hughes Act (vocational ence Foundation on study of effects on ing. education) (P.L. 64-347 approved Febru educational institutions of Federal con Bureau of Adult and Vocational Education: ary 23, 1917, 39 Stat. 929, as amended, tracts and grants for scientific research of the Associate Commissioner. 20 U.S.C. 11-15, 16-28). and development). Division of Vocational and Technical Ed ucation. (6) Section 8 of the Act of March 2, (19) Cooperative Research Act (P.L. Division of Library Services and Educa 1867 (inspection of Howard University) 83-531 approved July 26, 1954, 68 Stat. tional Facilities. (P.L. 70-634 approved December 13,1928, 533, as amended, 20 U.S.C. 331-332). division of Adult Education Programs. 45 Stat. 1021, as amended, 20 U.S.C. 123). (20) Public Law 83-532 approved Bureau of Higher Education: (7) Section 4 of Public Law 70-831 July 26, 1954 (membership on National Office of the Associate Commissioner. approved February 27, 1929 (member Advisory Committee on Education) (68 Division of Student Financial Aid. Stat. 533, 20 U.S.C. 333-337). Division of Foreign Studies. ship on D.C. Commission on Licensure) Division of Graduate Programs. (45 Stat. 1327, as amended, 2 D.C. Code (21) Library Services and Construc Division of College Facilities. 103). tion Act (P.L. 84-597 approved June 19, Division of College Support. (8) Extension of the Smith-Hughes 1956, 70 Stat. 293, as amended, 20 U.S.C. Bureau of Research: Act to Puerto Rico (vocational educa 351-358). Office of the Associate Commissioner. Division of Elementary and Secondary Re tion) (P.L. 71-791 approved March 3, (22) Extension of the George-Barden search. 1931, 46 Stat. 1489, 20 U.S.C. 30). Act to Guam (vocational education) Division of Adult and Vocational Research. (9) George-Barden Act (vocatioiial (P.L. 84-896 approved August 1, 1956, 70 Division of Higher Education Research. education) ; except the function of ¿he Stat. 909, 20 U.S.C. 34). Division of Laboratories and Research De Secretary in section 206(b) relating to (23) National Defense Education Act velopment. the fixing of compensation for advisory of 1958, including functions of the Sec Division of Research Training and Dis semination. committee members (P.L. 74-673 ap retary under section 1001(d) to study proved June 8, 1936, 49 Stat. 1488, as Federal programs in higher education, No. n o ----- 7 FEDERAL REGISTER, VOL. 31, NO. 110— WEDNESDAY, JUNE 8, 1966 S090 NOTICES after initial contact has been made by • (32) Executive Order 11034 of June 25, 352 approved July 2, 1964, 78 Stat. 246, the Secretary with the heads of depart 1962, in connection with the administra 42 U.S.C. 2000C-C9, d-84). ments and agencies concerned; except tion of section 102(b) (6) of the Mutual (41) Extension to the Trust Territory the functions of the Secretary in sections Educational and Cultural Exchange Act of the Pacific Islands of any program or 761 (a) and (d) relating to the approval of 1961 (promotion of modern foreign of assistance under any program admin of members^ of the Advisory Committee language training and area studies) istered by the Commissioner of Educa on New Educational Media and the fix (P.L. 87-256 approved September 21, tion; except financial assistance under a ing of compensation therefor and in sec 1961, 75 Stat. 527,22 U.S.C. 2452). grant-in-aid program (P.L. 88-487 ap tion 1002(a) relating to the establish (33) Migration and Refugee Assist proved August 22, 1964, 78 Stat. 601, 48 ment of advisory committees and the fix ance Act of 1962 (CUban refugee educa U.S.C. 1681). ing of compensation therefor (PJL. tional assistance) ; programs as assigned (42) Sections 841 (a) and 843(f) of the 85-864 approved September 2, 1958, 72 by the Commissioner of Welfare (P.L. Public Health Service Act as added by the Stat. 1581, as amended, 20 U.S.C, 401- 87-510 approved June 28, 1962, 76 Stat. Nurse Training Act of 1964 (membership 592). 121, as amended, 22 U.S.C. 2601-2605). on National Advisory Council on Nurse (24) Public Law 85-874 approved Sep (34) Extension to American Samoa Training and approval of bodies for ac tember 2,1958 (membership on Board of of the George-Barden Act (vocational ed crediting schools of nursing (P.L. 88-581 Trustees of the John F. Kennedy Center ucation) and of scientific, technical, and approved September 4,1964, 78 Stat. 917, for the Performing Arts) (72 Stat. 1698, other assistance under any program ad as amended, 42 U.S.C. 298). as amended). ministered by the Commissioner of Edu (43) Executive Order 11183 of October (25) Public Law 85-875 approved Sep cation except financial assistance under 6,1964 (membership on and assistance to tember 2, 1958 (science clubs) (72 Stat. a grant-in-aid program (P.L. 87-688 ap President’s Commission on White House proved September 25, 1962, 76 Stat. 586, Fellowships). 1700, 20 U.S.C. 2 note). 48 U.S.C. 1666-1667). (44) Executive Order 11185 of October (26) Public Law 85—905 approved Sep (35) Sections 721(b) and 725(a) of the 16, 1964 (coordination of Federal educa tember 2, 1958 (captioned films for the Public Health Service Act, as amended, tion programs); except the functions of deaf) (72 Stat. 1742, as amended, 42 by the Health Professions Educational the Secretary thereunder. U.S.C. 2491-2495). Assistance Act of 1963 (approval of bodies (45) Delegation of Authorities dated (27) Public Law 85-926 approved Sep for accrediting schools of medicine, den October 23, 1964, from Director, Office of tember 6, 1958 (handicapped children) tistry, osteopathy, pharmacy, optometry, Economic Opportunity (29 F.R. 14764), (72 Stat. 1777, as amended, 20 U.S.C. podiatry, nursing, and public health and with'respect to Part B of Title H, and 611-618). membership on National Advisory Coun section 602 of the Economic Opportunity (28) Section 106 of the Mutual Edu cil on Education for Health Professions) Act of 1964 (adult basic education pro cational and Cultural Exchange Act of (P.L. 88-129 approved September 24, grams) ; except that the policies, stand 1961 (representation on Board of For 1963, 77 Stat. 165, as amended, 42 U.S.C. ards, criteria, and procedures for the eign Scholarships) (P I. 87-256 approved 293a(b)(1)). exercise of such authorities are those set September 21, 1961, 75 Stat. 532, 22 (36) Section 302 of the Mental Re forth in such rules and regulations as U.S.C. 2456). tardation Facilities and Community may be prescribed jointly by the Director, (29) Executive Order 11001 of Febru Mental Health Centers Construction Act Office of Economic Opportunity, and the ary 16,1962, section 5, and those portions of 1963 (research and demonstration Secretary; preference must, to the ex of sections 6, 7, 9, 10, and 12 which projects in education of handicapped tent feasible, be given to programs and pertain to education (preparation of na children) ; except the function of the projects that are components of a com tional emergency plans and development Secretary in subsection (d) relating to munity action program approved under of preparedness programs covering edu the fixing of compensation for commit Part A of Title II; and the reporting and cation functions and educational insti tee or panel members (P.L. 88-164 ap coordination provisions of section 611 tutions) . proved October 31, 1963, 77 Stat. 295, as must be followed (P.L. 88-452 approved (30) Manpower Development and amended, 20 U.S.C. 618). August 20,1964, 78 Stat. 508, as amended, Training Act of 1962 (retraining) ; ex (37) Higher Education Facilities Act 42 U.S.C. 2751-2756, 2801-2807, 2942). cept that responsibility for overall pol of 1963; except the functions of the (46) Executive Order 11197 of Feb icy direction, including liaison with the Secretary in sections 203 (a) and (c) and ruary 5,1965 (membership on President’s Department of Labor and coordination section 402(c) relating to the approval of Council on Equal Opportunity); except with other departments and agencies, advisory committee members and the fix the functions of the Secretary there and authority to submit reports to Con ing of compensation therefor (P.L. 88- under. gress required by section 309(b), to ap 204 approved December 16, 1963, 77 Stat. (47) Section 211 and, with respect to prove State agreements under section 363, as amended, 20 U.S.C. 701-757). programs administered by the Commis 231 and agreements or arrangements (38) Vocational Education Act of sioner of Education, section 214 of the with the Department of Labor, and to 1963; except the functions of the Secre Appalachian Regional Development Act approve apportionments and reappor tary in sections 9 (a) and (c) relating of 1965 (vocational education facilities tionments under section 301 are reserved to approval of advisory committee mem and supplements to certain grant-in-aid to the Secretary (P.L. 87-415 approved bers and the fixing of compensation programs) (P.L. 89-4 approved March 9, March 15, 1962, 76 Stat. 23, as amended, therefor and in section 12 relating to 1965, 79 Stat. 16, 17, 40 App. A, U.S.C. 42 U.S.C. 2571-2620). periodic review of vocational education 211,214). (31) Part IV of Title i n of the Com programs and laws (P.L. 88-210 approved (48) Elementary and Secondary Edu munications Act of 1934 (grants for con December 18,1963, 77 Stat. 403, 20 U.S.C. cation Act of 1965; except the functions struction of educational television broad 35-35n). of the Secretary in sections 306 (a) and casting facilities) ; except that authority (39) Executive Order 11155 of May 23, (c) relating to the approval of members to establish policies for administration 1964 (Presidential Scholars). of the Advisory Committee on Supple of the grants program, to- give final ap (40) Title IV and, with respect to pro mentary Educational Centers and Serv proval or approval subject to specified grams administered by the Commissioner ices and the fixing of compensation conditions to project grants, to effect of Education, Title VI of the Civil Rights therefor, in section 510 relating to peri liaison with other Federal departments Act of 1964 (desegregation of public edu odic review of the program and laws for and agencies on matters involving policy cation and nondiscrimination in Fed strengthening State departments of edu and program coordination, and to issue erally assisted programs) ; except that cation, and in section 602 relating to the rules and regulations authorized by sec no termination of or refusal to grant or establishment of advisory councils and tion 396 is reserved to the Secretary to continue Federal financial assistance the fixing of compensation therefor (P.L. (P.L. 87-477 approved May 1, 1962, 76 under section 602 shall be made without 89-10 approved April 11, 1965, 79 Stat. Stat. 64, 47 U.S.C. 390-397). the approval of the Secretary (P.L. 88- 27, 20 U.S.C. 821-885). FEDERAL REGISTER, VOL. 31, NO. 110— WEDNESDAY, JUNE 8, 1966 NOTICES 8091 (49) Sections 3 (b) and 6 of the Na , excess reactivity from 0.5 percent to 0.6 tional Technical Institute for the Deaf DEPARTMENT OF HOUSING AND percent, (3) the use of a second core for Act (accrediting agencies and member low power experiments,; ahd (4) would ship on National Advisory Board on Es URBAN DEVELOPMENT ‘ incorporate technical specifications in tablishment of the National Technical the license. The proposed amendment Institute for the Deaf) ; except the func Office of the Secretary was requested by the licensee in an ap tions of the Secretary thereunder (P.L. REGIONAL DIRECTOR OF ADMINIS plication dated December 7, 1965, and a supplement thereto dated March 5, 1966. 89-36 approved June 8, 1965, 79 Stat. TRATION AND CHIEF, ACCOUNT 125, 20 U.S.C. 682(b), 685). The Commission would issue the amend (50) Sections 9, 12, and 13 of the Na ING BRANCH, ADMINISTRATIVE ment upon making the findings set forth tional Foundation on the Arts and the DIVISION, REGION IV (CHICAGO) in the proposed amendment. Humanities Act of 1965 (membership on Redelegation of Authority To Execute Within fifteen (15) days from the the Federal Council on the Arts and the date of publication of this notice in the Humanities) (P i. 89-209 approved Sep Legends on Bonds, Notes, or Other F ederal R egister, the applicant may file tember 29, 1965, 79 Stat. 851, 20 U.S.C. Obligations a request for a hearing, and any person 958, 961, 962). The Regional Director of Administra whose interest may be affected by the (<51) National Vocational Student Loan tion and the Chief, Accounting Branch, issuance of this amendment may file a Insurance Act of 1965 (student loan in Administrative Division, Region IV petition for leave to intervene. Requests surance) except the functions of the Sec (Chicago), Department of Housing and for a hearing and petitions to intervene retary prescribed by section 15 (P.L. 89- Urban Development, are hereby author shall be filed in accordance with the 287 approved October 22, 1965, 79 Stat. ized within the Region to execute, on provisions of the Commission’s rules of 1037, 20 U.S.C. 981-996). behalf of the Secretary of Housing and practice, 10 CFR Part 2. If a request (52) Higher Education Act of 1965 Urban Development, any legend appear for a hearing or a petition for leave to (community service programs, college ing on any bond, note, or other obliga intervene is filed within the time pre library assistance and library training tion being acquired by the Federal Gov scribed in this notice, a notice of hearing and research, strengthening developing ernment from a local public agency on or an appropriate order will be issued. institutions, student assistance, teacher account of a loan to such local public If no request for a hearing or a petition programs, financial assistance for the agency pursuant to Title I of the Housing for leave to intervene is filed within the improvement of undergraduate instruc Act of 1949, as amended (42 U.S.C. 1450 time prescribed in this notice, the Com tion) except the functions of the Secre et seq.), which legend indicates the mission will issue the license amendment tary prescribed by sections 109, 205, 303, Federal Government’s acceptance of the fifteen (15) days from the date of pub and 433 (P.L. 89-329, 79 Stat. 1219, 20 delivery of the particular bond, note, or lication of this notice in thé F ederal U.S.C. 1001-1144). other obligation and its payment there R egister. (b) The Commissioner of Education for on the date specified in the particular . For further details with respect to this shall be responsible for carrying out re legend. proposed amendment, see (1) the ap sponsibilities assigned by or under agree This redelegation of authority super plication and the supplement thereto, ments made with the Department of sedes the redelegation effective January and (2) a related safety evaluation pre State in connection with educational as 18, 1963 (28 F.R. 504, January 18, 1963). pared by the Research and Power Re pects of international educational ex (79 Stat. 670, 5 U.S.C. 624d(d); Secretary of actor Safety Branch of the Division of change and international technical co Housing and Urban Development delegation Reactor Licensing, both of which are operation programs under the following : effective March 22, 1966 (31 F.R. 4814, March available for public inspection in the (1) Agricultural Trade Development 22,1966)) Commission’s Public Document Room, and Assistance Act of 1954 (P.L. 83-480 1717 H Street NW., Washington, D.C. approved July 10, 1954, 68 Stat. 454, as Effective as of the 8th day of June A copy of the safety evaluation may be amended, 7 U.S.C. Ch. 41). 1966. obtained at the Commission’s Public J ohn P. M cCollum, (2) Act for International Development Document Room or upon request ad Regional Administrator, dressed to the Atomic Energy Com of 1961 (P.L. 87-195 approved September Region IV (Chicago). 4, 1961, 75 Stat. 424, as amended, 22 mission, Washington, D.C., 20545, Atten U.S.C. Ch. 32). [F.R. Doc. 66-6284; Filed, June 7, 1966; tion: Director, Division of Reactor (3) Mutual Educational and Cultural 8:48 a m.] Licensing. Exchange Act of 1961 (P.L. 87-256 ap Dated at Bethesda, Md., this 3d day of proved September 21, 1961, 75 Stat. 527, June 1966. as amended, 22 U.S.C. Ch. 33). ATOMIC ENERGY COMMISSION Sec. 6.30 Reservation of authority. For the Atomic Energy Commission. No State grant-in-aid funds shall be [Docket No. 50-124] M arvin M. Mann, withheld nor shall any State plan or VIRGINIA POLYTECHNIC INSTITUTE Acting Director, amendment thereto submitted pursuant to any statute administered by the Office Notice of Proposed Issuance of Division of Reactor Licensing. of Education be finally disapproved with Facility License Amendment P roposed F acility Lic en se Am en d m en t out the Commissioner’s prior consulta tion and discussion with the Secretary. Please take notice that the Atomic [License No. R-62; Arndt. 1] Energy Commission (“the Commission”) S ec. 6.40 Delegation of authority. is considering the issuance of Amend The Atomic Energy Commission having Authority contained in section 6.20, ex ment No. 1, set forth below, to Facility found that: cept the making of regulations, may, to License No. R-62 which authorizes Vir a. The application for license amendment the extent permitted by law, be delegated dated December 7, 1965, as supplemented ginia Polytechnic Institute (“the li March 5, 1966, complies with the require or redelegated by the Commissioner of censee”) to operate the Argonaut-type ments of the Atomic Energy Act of 1954, as Education to such officials of the Office nuclear reactor (“the reactor”) located amended, and the Commission’s regulations of Education as he may deem appro on the Institute’s campus at Blacksburg, set forth in Title 10, Chapter I, CFR; priate. Va. b. There is reasonable assurance that (i) The proposed amendment, which re the activities authorized by the license, as Dated: June 2, 1966. amended, can be conducted at the desig vises the license in its entirety, would nated . location without endangering the [seal] J ohn W. Gardner, authorize (1) an increase in the maxi health and safety of the public, and (ii) Secretary. mum steady state power level of the such activities will be conducted in com- [PR. Doc. 66-6307; Filed, June 7, 1966; reactor from 10 kilowatts to 100 kilowatts plicance with the rules and regulations of 8:50 a.m.] thermal, (2) an increase in the limit on the Commission; FEDERAL REGISTER, VOL. 31, NO. 110— WEDNESDAY, JUNE 8, 1966 8092 NOTICES c. The licensee is technically and finan (1) The licensee shall report in writing to authorization would be issued upon the cially qualified to engage in the activities the Commission within 10 days of' its ob Commission’s making the findings set authorizedi by this license, as amended, in served occurrence any incident or condition forth in the proposed operating author accordance •with the rules and regulations of relating to thè operation of the reactor which ization. the Commission; prevented or could have prevented a nuclear d. The licensee is a nonprofit educational system from performing its safety function The BONUS nuclear reactor is located institution and will operate the reactor for as described in the Technical Specifications at Punta Higuera, near Rincon, Puerto the conduct of educational activities. The or in the hazards summary report. Rico. The boiling water reactor was con licensee is therefore exempt from the finan (2) The licensee shall report to the Com structed by Combustion Engineering, cial protection requirement of subsection mission in writing within 30 days of its ob Inc,, for the Atomic Energy Commission, 170a. of the Atomic Energy Act of 1954, as served occurrence any substantial variance and has been operated jointly by Com amended; and disclosed by operation of the reactor from bustion Engineering, Inc., and the Puerto e. The issuance of this license amend performance specifications contained in the Rico Water Resources Authority since ment will not be inimical to the common hazards summary report or the Technical defense and security or to the health and Specifications. April 2, 1964, under a provisional oper safety of the public. (3) The licensee shall report to the Com ating authorization which will be super Facility License No. R-62 is hereby mission in writing within 30 days of its occur seded by the proposed operating author amended in its entirety to read as follows: ence any significant change in transient or ization. 1. This license applies to the Argonaut- accident analysis, as described in the hazards For further details with respect to this type nuclear reactor (hereinafter “the reac summary report. proposed issuance, see (1) the applica tor”) which is owned by Virginia Polytechnic E. Records. In addition to those otherwisetion and amendment thereto filed by the Institute (hereinafter “the licensee”) , located required under this license and applicable on the Institute’s campus in Blacksburg, Va., regulations, the licensee shall keep the fol Puerto Rico Water Resources Authority, and described in the application for license lowing records: (2) the report of the Advisory Committee dated February 5, 1959, and amendments (1) Reactor operating records, including on Reactor Safeguards (ACRS), dated thereto dated April 1, 1959, July 2, 1959, No power leyels. May 11,1966, (3) a related safety evalua vember 20, 1959, December 14, 1959, Decem (2) Records of in-pile irradiations. tion prepared by the Research and Power ber 7, 1965, and March 5, 1966 (hereinafter (3) Records showing radioactivity released Reactor Safety,Branch of the Division of “the application”). or discharged into the air or water beyond Reactor Licensing, and (4) the Technical 2. Subject to the conditions and require the effective control of the licensee as meas ments incorporated herein, the Atomic En ured at the point of such release or discharge. Specifications, designated as Appendix A ergy Commission (hereinafter “the Commis (4) Records of emergency reactor scrams, to the authorization, all of which are sion”) hereby licenses Virginia Polytechnic including reasons for emergency shutdowns. available for public inspection at the Institute: 4. This license amendment is effective asCommission’s Public Document Room, A. Pursuant to section 104c of the Atomic of the date of issuance and shall expire at 1717 H Street NW., Washington, D.C. Energy Act of 1954, as amended (hereinafter midnight November 16, 1969, unless sooner A copy of the safety evaluation and a “the Act”) and Title 10, CFR, Chapter I, terminated. copy of the ACRS report, dated May 11, Part 50, “Licensing of Production and Utiliza 1966, may be obtained at the Commis tion Facilities,” to possess, use and operate Date of issuance : the reactor as a utilization facility at the For the Atomic Energy Commission. sion’s Public Document Room, or upon designated location in Blacksburg, Va. request addressed to the Atomic Energy B. Pursuant to the Act and Title 10, CFR, R . L . D o a n , Commission, Washington, D.C., 20545, Chapter I, Part 70, “Special Nuclear Material,” Director, Attention; Director, Division of Reactor to receive, possess and use in connection with Division of Reactor Licensing. Licensing. operation of the reactor 16 grams of pluto Enclosure: Appendix A, Technical Speci nium contained in an encapsulated pluto fications. Dated at Bethesda, Md., this 6th day nium-beryllium neutron source, and up to 8.0 of June 1966. kilograms of contained uranium-235; and [F.R. Doc. 66-6336; Filed, June 7, 1966; C. Pursuant to the Act and Title 10, CFR, 8:50 am.] For the Atomic Energy Commission. Chapter I, Part 30, “Licensing of Byproduct R. L. D oan, Material,” to possess, but not to separate, Director, such byproduct material as may be produced [Docket No. 115-4] ' by operation of the reactor. Division of Reactor Licensing. 3. This license shall be deemed to contain PUERTO RICO WATER RESOURCES. P roposed Operating Authorization N o. and is subject to the conditions specified in AUTHORITY DPRA-4 §§ 50.54 and 50.59 of Part 50, § 70.32 of Part 70 and § 30.32 of Part 30 of the Commission’s Boiling Nuclear Superheater (Bonus) The U.S. Atomic Energy Commission hav regulations; is subject to all applicable pro ing found that: visions of the Act and rules, regulations and Power Station; Notice of Proposed a. The application for this operating au orders of the Commission now or hereafter Issuance of Operating Authoriza thorization meets the standards and require in effect; and is subject to the additional con tion ments of the Commission’s regulations; ditions specified below: b. .There is reasonable assurance (i) that A. Maximum power level. The licensee is Notice is hereby given pursuant to the activities authorized by this operating authorized to operate the reactor at steady § 115.46(b), 10 CFR Part 115, that, unless authorization can be conducted without en state power levels up to a maximum of 100 within thirty (30) days after publication dangering the health and safety of the public, kilowatts thermal. of this notice in the F ederal R egister and (ii) that such activities will be con B. Technical specifications. The Technical a request for a hearing is filed with the ducted in compliance with the rules and reg Specification contained in Appendix A to ulations of the Commission; this license (hereinafter the “Technical U.S. Atomic Energy Commission (the c. The Puerto Rico Water Resources Au Specifications”) are hereby incorporated in Commission) by the applicant, or a peti thority is technically qualified to engage in this license. The licensee shall operate the tion for leave to intervene is filed'by any the activities authorized by this operating reactor only in accordance with the Technical person whose interest may be affected, as authorization in accordance with the rules Specifications. No changes shall be made in provided by and in accordance with the and regulations of the Commission; and the Technical Specifications unless author Commission’s “Rules of Practice,” 10 d. The issuance of this operating author ized by the Commission as provided in 10 CFR Part 2, the Commission is consider ization is not inimical to the health and CFR 50.59. safety of the public; C. Authorisation of changes, tests, and ing the issuance of an operating author Operating Authorization No. DPRA-4 is experiments. The licensee may (1) make ization (substantially as set forth in the hereby issued, effective as of the date of is changes in the reactor as described in the attachment hereto) which would author suance, to read as follows: hazards summary report, (2) make changes ize the Puerto Rico Water Resources Au 1. This Operating Authorization applies to in the procedures as described in the hazards thority to use and operate the Boiling the Boiling Water Nuclear Superheater summary report, and (3) conduct tests or Water Nuclear Superheater (BONUS) (BONUS) Reactor (the reactor) owned by experiments not described in the hazards Reactor at powers up to 50 megawatts the U.S. Atomic Energy Commission (the summary report only in accordance with the Commission) and to be operated by Puerto provisions of § 50.59 of the Commission’s thermal. This authorization was re Rico Water Resources Authority (PRWRA) regulations. quested by the Puerto Rico Water Re under contract with the Commission. The D. Reports. In addition, to reports other sources Authority in its application dated reactor is located at Punta Higuera at the wise required under this license and appli November 30, 1964, and amendment western tip of Puerto Rico, approximately 2 cable regulations: thereto dated December 24, 1965. The miles from the town of Rincon and approxi- FEDERAL REGISTER, VOL. 31, NO. 110— WEDNESDAY, JUNE 8, 1966 NOTICES 8093 mately 13 miles from the city of Mayaguez, (2) PRWRA shall report to the Commis against Dixie Broadcasting Corporation and is described in the Final Hazards Sum sion in writing within thirty (30) days of its (Dixie).1 The four issues sought are: a mary Report, PRWRA-GNEC 5, dated Feb observed occurrence any substantial variance ruary i, 1962, as amended, and in other por disclosed by operation of the reactor from Suburban issue, a strike application tions of the application identified as the performance specifications contained in the issue, a concentration of control issue, Interim Report, GNEC 210, Design and Technical Specifications. and a character qualifications issue. Fabrication of the BONUS Reactor Pressure (3) PRWRA shall make a report in writing 2. Brown is an applicant for a new Vessel, dated February 10, 1962, and supple to the Division of Reactor Licensing at the standard broadcast station (1290 kc, 1 ments thereto. end of each monthly period which sum kw, Day) in Jacksonville, N.C.; Dixie is 2. Subject to the conditions and require marizes the following: an applicant for 1290 kc, 1 kw, Day, in ments incorporated herein, including the (a) Total number of hours of operation Aurora, N.C. The mutually exclusive Technical Specifications hereto, the Com and total energy generated by the reactor. mission hereby authorizes PRWRA, pursuant (b) Number of shutdowns of the reactor applications were designated for hearing to the Atomic Energy Act of 1954, as amend with a brief explanation of the cause of each by Order, FCC 66-155, released February ed (the Act) and Title 10, CFR, Chapter 1, shutdown. 23,1966. Part 115, “Procedures for Review of Certain (c) Operating experience including a sum S uburban Issue Nuclear Reactors Exempted from Licensing mary of the number of malfunctions in the Requirements,” to use and operate the Boil control and safety systems with brief ex 3. In its application, Dixie stated, “The ing Water Nuclear Superheater (BONUS) planation of each. needs and interests of Aurora and the Reactor. (d) Measurements and tests performed on surrounding area w e r e determined 3. This authorization shall be deemed to the nuclear systems and results thereof. through personal interviews with the contain and is subject to the cOhditions spec (e) Principal maintenance performed and community leaders, including business ified in sections 115.42 and 115.47 of Part 115 replacements made in the reactor and asso men, church leaders, the local banker and is subject to all applicable provisions of ciated systems including a report on various the Act and rules, regulations, and orders of tests performed on components of the reactor and members of the general population.” the Commission now or hereafter in effect; and associated systems. Attached to the Brown petition to enlarge and is subject to the additional conditions (f) A description of the tests performed to is an affidavit from its president quot specified below: demonstrate that the leak rates meet the ing conversations with various individ A. PRWRA is authorized to operate the re Technical Specifications, the results of such uals in the town of Aurora. These in actor at steady state power levels up to 50 tests, and a description of any necessary cor dividuals, most of whom are the heads megawatts thermal. rective measures taken to meet the require of the organizations which Dixie had al B. Technical Specifications. The Techni ments of the Technical Specifications. legedly contacted, stated that no one rep cal Specifications contained in Appendix “A” (g) Changes made in the facility design hereto1 are hereby incorporated into this and operating procedures pursuant to Section resenting Dixie Broadcasting Corp. had authorization. Except as hereinafter pro 115.47 of Part 115. ever contacted them about establishing vided, PRWRA shall operate the reactor in (h) Significant changes in plant organi a radio station in that community. In accordance with the Technical Specifica zation and transient or accident analyses as cluded in the affidavit are statements tions. No changes shall be made in the described in the Final Hazards Summary from the bank manager, mayor, police Technical Specifications unless authorized by Report. chief, American Legion post commander, the Commission as provided in Section 115.47 (i) The kind and quantity of radioactive of Part 115. volunteer fire chief, and president of the material released to the environment as re local Ruritan Club. In its opposition, C. Records. In addition to those other corded at both on-site monitoring stations wise required under this authorization and and off-site sampling stations. Dixie says Robert L. Winslow, general applicable regulations, PRWRA shall keep the 4. This authorization shall be effective as manager of another station owned by following records: of the date of issuance and, unless extended the principals of Dixie, conducted, the (1) Reactor operating records, including for good cause shown, shall expire ten (10) survey. Dixie states that Winslow did power levels and periods of operation at each years from the said date: Provided, however, in fact have a conversation with the bank power level. That this authorization shall expire in any manager, “but did not reveal his interest (2) Records showing the radioactivity re event upon termination of the contract be in a radio station for the community.” leased or discharged into the air or water be tween PRWRA and the Commission for oper yond the effective control of PRWRA as ation of the reactor. Fearing that possible competitors would measured at or prior to the point of such re 5. Effective with its issuance, this authori realize its interest in the market, Dixie lease or discharge. zation terminates and supersedes Provisional conducted its ^“investigation into com (3) Records of radioactivity levels at both Operating Authorization DPRA-4, as munity needs * * * without disclosure on-site monitoring stations and off-site sam amended, issued jointly to Combustion Engi of the corporate applicant.” A copy of pling stations. neering, Inc., and the Puerto Rico- Water the report filed by Winslow after his visit (4) Records of emergency shutdowns and Resources Authority. inadvertent scrams, including reasons there to Aurora is included as an exhibit with for. For the Atomic Energy Commission. the opposition. The report gives sum (5) Records of principal maintenance op R,- L. Doan, maries of conversations Winslow had erations involving substitution or replace Director, with three persons in the town: the bank ment of reactor equipment or components Division of Reactor Licensing. manager, a leading businessman, and a and the reasons therefor. [F.R. Doc. 66-6376; Filed, June 7, 1966; clergyman. (6) Records of facility tests and measure 11:19 a.m.j 4. Even taking the survey submitted ments performed pursuant to the require ments of the Technical Specifications. by Dixie in its most favorable light, it is D. Reports. In addition to reports other clear that no significant inquiry into the wise required under this authorization and FEDERAL COMMUNICATIONS programing needs of Aurora was made applicable regulations of the Commission: by Dixie as far as Winslow’s affidavit and (I) PRWRA shall inform the Commission COMMISSION report reflect. At best, Winslow’s state of any incident or condition relating to the ment shows only an effort to determine operation of the reactor which prevented or [Docket Nos. 16465, 16466; FCC 66R-206] the economic potential of a station in could have prevented a nuclear system from performing its safety functions as described BROWN BROADCASTING CO., INC., Aurora. None of the principals of Dixie in the Technical Specifications. For each AND DIXIE BROADCASTING CORP. is a resident of Aurora, and no show such occurrence, PRWRA shall promptly no ing has been made by Dixie of familiarity tify by telephone or telegraph, the Director Memorandum Opinion and Order with Aurora’s needs other than that of the appropriate Atomic Energy Commis Enlarging Issues based on the alleged contacts. Accord sion Regional Compliance Office listed in Ap ingly, a Suburban issue will be added. pendix D of 10 CFR 20, and shall submit In re applications of Brown Broadcast See Don L. Huber, 36 FCC 638, 2 RR 2d within ten (10) days a report in writing to ing Co., Inc., Jacksonville, N.C^ Docket 243 (1964); see also Higson-Frank Radio the Director, Division of Reactor Licensing, No. 16465, File No. BP-16700; Dixie with a copy to the Regional Compliance Broadcasting Corp., Aurora, N.C., Docket Enterprises, 36 FCC 1391, 2 RR 2d 755 Office. No. 16466, File No. BP-17036; for con (1964). struction permits. T 1 Also before tbe Board are: (a) Opposi 1 This item was not filed with the Office 1. Before the Review Board is a petition to petition to enlarge issues, filed April or the Federal Register but will be avail tion to enlarge issues, filed March 16, 8, 1966, by Dixie; (b) comments, filed April able for inspection in the Public Document 1966, by Brown Broadcasting Co., Inc. 15, 1966, by tbe Broadcast Bureau; and (c) Room of the Atomic Energy Commission. (Brown), seeking to add four issues reply, filed April 21, 1966, by Brown. FEDERAL REGISTER, VOL. 31, NO. 110— WEDNESDAY, JUNE 8, 1966 8094 NOTICES S trike Application I ssue inadequacy of Brown’s allegations, the principals of Dixie * are in a direct line Bureau does not support addition of this from the Virginia border across north 5. In support of its request for an is issue. In its reply, Brown submits that eastern North Carolina and in total cover sue to determine whether Dixie’s appli the delay incident to a hearing obviously 227,649 persons. The proposed outlet in cation was filed to block or delay the will be longer (and the expense greater) Aurora would add another station to the grant of Brown's application, Brown al than with an amended and possibly un line and would bring the population leges the following: Desiring to avoid a contested application. Brown again covered to 272,965 persons. Further hearing on the mutually exclusive ap argues that the factors cited in its re more, a fourth presently owned station6 plications, Brown—with acquiescence by quest for the Suburban issue also raise raises this potential total population Dixie—had a frequency study conducted a question as to Dixie’s bona tides. figure to 337,619.® Brown contends that for Aurora. The study showed 1360 kc to Brown does not, however, respond to the such concentrated area coverage would be available for uncontested application question raised by the Bureau as to why be contrary to the intent of section 73.35 at Aurora. Dixie, however, stated that Brown did not amend to avoid a hearing, (b) of the Commission’s rules. Brown it was unwilling to amend, preferring to since no showing was made by Brown also points out that the three stations in engage in a hearing for 1290 kc. Brown that 1360 kc was not as available to it a line (see note 4, supra) are presently points out that, in addition to Dixie’s ap as it was to Dixie. sold in combination7 and the fourth parent failure to have had a frequency 8. In the Board’s view, Brown’s con (Aurora) will be in a geographic posi study made before it filed, Dixie submit tentions rest largely upon surmise and tion to be sold in combination also. ted the application for 1290 kc on the last suspicion. Jacksonville has two stand 10. Dixie argues that the concentra day that the Commission would accept ard broadcast stations and Aurora has tion of control test is not the mere loca an application on this frequency in con none. Hence, there is substance in tion of stations, but their location vis-a- flict with Brown’s 1290 kc application for Dixie’s argument that it would prefer a vis competition. It then asserts that Jacksonville, and it further contends 307(b) contest with Brown on 1290 kc each of its existing stations faces direct that—— rather than to amend to 1360 kc and competition from at least one other sta the absence of a bona fide survey by Dixie possibly rim the risk of a 307 (b) pro tion in each market. The proposed out to establish the need for a new station at ceeding with some community which let in Aurora while it would not Aurora * * *, the extremely small popula tion of Aurora (less than 500) and the almost does not presently have a station. have competition in that particular com phantomlike character of the other com Brown does not contend that its pro munity, will serve much thevsame market munities which Dixie claims it will serve posed station would compete with Dixie's as four other stations within 22 miles of by its proposed Aurora station, add further station in Jacksonville; instead, it relies Aurora. However, Dixie does not deny circumstantial evidence to support the con upon a hypothetical possibility that Brown’s contention that combination clusion that Dixie’s purpose is not just to Dixie is desirous of increasing the power selling occurs with Stations WIZS, establish a new station at Aurora. of its Sanford station, and that for that WRMT, and WPXY, nor does it negative Arguing that Dixie is trying to protect its reason Dixie seeks to block a grant of the possibility that the Aurora outlet interest in Station WEYE, 1290 kc, 1 kw, Brown’s application. That Brown is re would be sold in combination as well. It Day, Class III, Sanford, N.C., licensed to lying solely upon a hypothetical possi is on the latter aspect that the Bureau Crest Broadcasting Corporation,2 Brown bility is indicated by the absence of any supports addition of tl\e issue. submits an engineering statement in sup factual allegations that Dixie is in fact 11. Section 73.35(b) of the Commis port of its assertion that a grant of its planning such power increase, and its sion’s rules prohibits any grant which Jacksonville application would preclude suspicion to this effect is undermined by “would result in a concentration of con WEYE from increasing power, whereas a the engineering affidavit presented by trol of standard broadcasting in a man grant of Dixie’s Aurora proposal would Dixie that the power of the Sanford sta ner inconsistent with public interest, not prevent WEYE from increasing tion cannot be increased without a direc convenience, or necessity.” Joint rates power. tional array, the expense of which would and the possibility thereof on the pro 6. In its opposition, Dixie states it did not be justified by the Sanford market.8 posed station raise a sufficient question not consider an amendment to 1360 kc While Dixie does not present any sup to add a concentration issue. See Des because it believed it would prevail in porting economic data, the Board does Moines County Broadcasting Co., 37 FCC the section 307(b) determination; that not regard the absence of such data as 638; 3 RR 2d 416 (1964); cf. North At at least 6 months would elapse before fatal in view of Brown’s reliance upon lanta Broadcasting Co., 37 FCC 1145, 4 Commission consideration of an amended suspicion and surmise for the requested RR 2d 476 (1964). In the latter case, as application; and that there could be no issue. Finally, Brown, in its reply the Bureau correctly points out, it was foretelling the competitive problems pleading, completely ignores the Bureau’s specifically found that there were no Dixie would face with an amended ap question as to whether Brown could joint rates between the stations within plication. Dixie points to the growth amend to 1360 kc; for if it could, there the circumscribed area. Id. at 1147, 4 potential of Aurora and, in reference to is no apparent reason why Dixie, rather RR 2d at 478. The danger to be avoided the charges concerning Station WEYE, than Brown, should amend to 1360 kc, is that in facing competition from serv states that in light of existing overlap particularly in view of the fact that an ices of comparable magnitude, the sta of WEYE’s 0.5 mv/m contour with the amendment by Dixie could result in a tions able to offer joint rates might be 0.025 mv/m contour of another station less favorable 307(b) position than it at a considerable economic advantage. (WHKY, Hickory, N.C.), a directional now has vis-a-vis Brown on 1290 kc. Cf. Amendment of the Commission’s antenna would be required for a 5 kw For the reasons stated, Brown’s request Rules Relating to Multiple Ownership of operation at WEYE and it had already for a strike application issue will be Standard, FM and Television Broadcast been determined that this would not be denied. - * WIZS, 1450 kc, 250 w, 1 kw-LS, U, Class IV economically feasible for that station. Concentration op Control I ssue The potential growth argument and the (licensed to Radio- Corp.), Henderson N.C.; 9. In support of its request for a con WRMT, 1490 kc, 250 w, 1 kw-LS, U, Class IV economic feasibility argument consist (licensed to Atlantic Radio Oorp.), Rocky primarily of contentions, without sup centration of control issue, Brown alleges Mount, N.C.: WPXY, 1550 kc, 1 kw, Day, Class porting factual data to permit an evalu that three stations already owned by the II (licensed to Bell Broadcasting Carp.), ation of these arguments. Greenville, N.C. 7. The Bureau questions why, if 1360 3 Dixie’s statement in this regard is being 5 WEYE, Sanford, N.C. See paragraphs kc was available and Brown really sought relied upon by the Board as a material repre 5-8, supra. to avoid a hearing, Brown did not amend. sentation underlying the denial of the re * The four stations presently owned cover Based on Dixie’s response and the alleged quested issue. For this reason, the Board’s 3,471 square miles. A grant of the Aurora Memorandum Opinion and Order will be as application would increase the coverage of sociated with the WEYE file for considera 4,791 square miles. 2 The principals in Dixie own 85 percent oftion in connection with any possible future 7 48 Standard Rate and Data Service, No. the stock in Crest. application by WEYE for a power increase. 3, pt. 1, pp. 578, 582; No. 3, pt. 2, p. 139. FEDERAL REGISTER, VOL. 31, NO. 110— WEDNESDAY, JUNE 8, 1966 NOTICES 8095 Stations, FCC 64-445, 2 RR 2d 1588, the morale of the sales staff, but at the Section 44(c) of the Shipping Act, 1916 1591. Therefore, the requested concen same time instructed the salesmen not (46 U.S.C. 841b) and § 510.5(f) of Gen tration of .control issue will be added. to use the, ratings in selling time on the eral Order 4 (46 CFR) provide that no station. Character Qualifications I ssue license shall remain in force unless such 15. Brown’s request for a character forwarder shall have furnished a bond. 12. Brown alleges that Station WPXY, qualifications issue against Dixie based Section 44(d) of the Shipping Act, 1916 Greenville, N.C.—whose licensee, Bell on the facts underlying the now-dis (46 U.S.C. 841b) provides that licenses Broadcasting Co. (Bell) is 85 percent missed suit against Bell must be denied. may, after notice and hearing, be owned by the principals of Dixie—delib The Commission’s letter of August 30, suspended or revoked for willful failure erately altered a September 1964 Hooper 1965, reflects the fact that it has con to comply with any provision of the Act, rating for the Greenville market which sidered the matter thoroughly and that or with any lawful rule of the Commis had shown a WPXY competitor, Station the Commission “does not contemplate sion promulgated thereunder. WOOW in Greenville, to have a substan any further action.” Brown has alleged Therefore, it is ordered, That John E. tially greater proportion of the audience. no facts which would permit the Board Diaz doing business as Diaz-Wandem This was done to stimulate sales and for to alter the Commission’s disposition of bergh, on or before June 10, 1966, either on-the-air promotion. Suitr was brought the matter. Fidelity Radio, Inc., 1 FCC (1) submit a valid bond effective on or against Bell by WOOW, Inc., in August 2d 661, 6 RR 2d 140 (1965).8 before June 18, 1966, or (2) show cause 1965; Bell and its general manager (both Accordingly, it is ordered, This 27th in writing or request a hearing to be held party-defendants to the suit) demurred; day of May 1966, that the petition to at 10 a.m., on June 14,1966, in Room 505, on February 1, 1966, a judgment of non enlarge issues, filed March 16, 1966, by Federal Maritime Commission, 1321 H suit was entered at the election of the Brown Broadcasting Co., Inc., is granted Street NW., Washington, D.C., 20573, to plaintiff. Though pending at the time to the extent indicated herein and is de show cause why its license should not be of the Dixie application, this litigation nied in all other respects; and that the suspended or revoked pursuant to sec was not reported in response to Question issues in this proceeding are enlarged by tion 44(d), Shipping Act, 1916. 10(d) or 10(e) of Form 301. Brown addition of the following issues: It is further ordered, That the Director, concludes that “the failure of Dixie to (a) To determine the efforts made by Bureau of Domestic Regulation forth reveal the pendency of this litigation in Dixie Broadcasting Corp. to ascertain the with revoke license No. 743 if the licensee its application, coupled with the serious programing needs and interests of the fails to comply with this order. nature of the allegations made in the area proposed to be served and the man It is further ordered, That a copy of complaint, raises a substantial question ner in which the applicant proposes to this order to show cause and all subse as to the character qualifications of the meet such need and interests; and quent orders in this matter be served principals of Dixie.” It says the non (b) To determine whether a grant of upon the licensee and be published in the suit of the plaintiff indicates an out-of- the application of Dixie Broadcasting F ederal R egister. court settlement, but this should not be Corp. will result in undue concentration dispositive of the question in that “the of control of broadcast stations in north [seal] T homas Lis i, issues raised in the complaint were never eastern North Carolina in contravention Secretary. adjudicated, and * * * the allegations of § 73.35(b) of the Commission’s rules [F.R. Doc. 66-6305; Filed, June 7, 1966; are of such serious import that an in and of the Commission’s diversification 8:50 am.] quiry into them at the hearing is policy underlying said rules. warranted.” 13. Dixie’s opposition to the addition Released: May 31, 1966. JOHN H. HUNTER AND SON, of the issue may be summarized as fol F ederal Communications INC., ET AL. lows: The suit was settled out-of-court Commission,* for $1,500. A letter dated August 12, Independent Ocean Freight Forwarder 1965, informed the Commission of a suit [seal] B en F. Waple, Applications pending against Bell and of what steps Secretary. Notice is hereby given of changes in were being taken to prevent further dis [F.R. Doc. 66-6295; Filed, June 7, 1966; the following independent ocean freight semination of the falsified ratings. The 8:49 a.m.] forwarder licenses and applications Commission was kept further informed therefor filed pursuant to section 44, through letters dated August 18 and 23, Shipping Act, 1916 (75 Stat. 522 and 46 1965. In addition, according to WPXY’s U.S.C. 841(b)). general manager, the motive behind the falsification “was to boost the morale of FEDERAL MARITIME COMMISSION G randfather Applic a n t the sales force and not to deceive the [Independent Ocean Freight Forwarder John H. Hunter & Son, Inc., 44 Whitehall public.” Full disclosure to the Commis License 743] Street, New York, N.Y., 10004; Application No. 531, withdrawn May 24, 1968. sion indicated that there was no attempt DIAZ-WANDEMBERGH to conceal the nature of the act, and the L icensees ln cc^ ^ i011’ a ^e^ er dated August 30, Order To Show Cause Cosdel International Co., 230 California iy65, indicated no action would be taken Street, San Francisco, Calif.; License No. against Bell. The failure to include any On May 19, 1966, Roanoke Agency, 337, canceled May 2, 1966. information in Dixie’s Form 301 was Inc., in its capacity as General Surety Cargo Fas>t Pacific, Inc., 396 Broadway, New cased on a conclusion that Bell was not Bond Agents for St. Paul Mercury Insur York, N.Y., 10013; License No. 968, canceled the applicant here and the parties to the ance Co. notified the Commission that May 3,1966. lxie application were not the defendants the surety bond filed pursuant to sec Bermuda Forwarders (Manuel C. Gomez, in the WOOW suit. tion 44(c), Shipping Act, 1916 (46 U.S.C. d.b.a.), Post Office Box 396, Fair Lawn, N.J.; License No. 1074, canceled May 10, tv,14 !?116 Bureau opposes addition of 841b) by John E. Diaz doing business as 1966. tne character issue. It states that the Diaz-Wandembergh, 5435 Northwest 36th Star Foreign Freight Forwarding, Inc., 132 ! S mis^on was fuUy aware of the con- Street, Miami Springs, Fla., 33166, would Front Street, New York, N.Y., 10005; License ,°.f when the issues were desig- be canceled effective 12:01 a.m., June 18, No. 1014, canceled May 10,1966. 1966. nateam the present case. Furthermore, N ew Applicants states tha,t the full disclosure vitiates Transport Expediters (Hudson Tarte, d.b.a.), qu®stlon of intent to deceive. In its 8 As the ownership in the two corporations 3507 Rainier Avenue, Seattle, Wash.; Appli J J : „ F 1 Points out that the admis- is almost totally identical, the better practice cation denied May 11,1966. 3 L by BeU■coxae nearly a year after the would have been for Dixie to disclose the Royal Household Goods Shipping Co., Inc., h» ,was ^rst taken and was prompted existence of the suit against Bell in its appli 95 Broad Street, New York, N.Y., 10004; 2 ,f la? suit, rather than “forthright- cation. Nevertheless, the Board does not find Application withdrawn May 27, 1966. if f 8;. reply questions the logic of this to be reflection enough on the character by WPXY’s general man of the applicant to add the issue. Notice is hereby given that the follow ager that he altered the figures to boost * Board Member Kessler dissenting and ing applicants have filed with the Federal Board Member Nelson not participating. Maritime Commission, applications for FEDERAL REGISTER, VOL. 31, NO. 110— WEDNESDAY, JUNE 8, 1966 8096 NOTICES licenses as independent ocean freight Puerto Rican Forwarding Co., Inc., 271 Cul [Project No. 2128] ver Avenue, Jersey City, N.J.; License No. forwarders, pursuant to section 44(a) of CALIFORNIA DIVISION OF FORESTRY the Shipping Act, 1916 (75 Stat. 522 and 873, issued May 17,1966. 46 U.S.C. 841(b)). N ew Applicants L icensed Order Further Vacating Withdrawal Persons knowing of any reason why May 1966 May 26, 1966. any of the following applicants should not receive a license are requested to Major Van Lines, Inc., 601 Ocean Avenue, An application (C-4-D3 2321 9217) by Jersey City, N.J.; License No. 1117, issued the California Division of Forestry (Ap communicate with the Director, Bureau May 24,1966. of Domestic Regulation, Federal Mari plicant) was forwarded to this Commis time Commission, Washington, D.C., Dated: June 3,1966. sion by the Sacramento District Office of 20573. Protests received within 60 days THOMAS Lisi, the Bureau of Land Management, De from the date of publication of this Secretary. partment of the Interior, for use of the notice in the F ederal R egister will be [F.R. Doc. 66-6306; Filed, June 7, 1966; following described lands of the United considered. 8:50 am.] States withdrawn for power purposes: Mario J. Macchione, 156 State Street, Boston, M o u n t D iablo M eridian, California Mass., 02109; Mario J. Macchione, owner. T. 4 N„ R. 10 E., sec. 5, lot 2, SW ^NE^. Joan Berns, 2 West 31st Street, New York, T. 5 N„ R. 10 E., sec. 32, SW&SE^. N.Y.; Joan Berns, owner. FEDERAL POWER COMMISSION R. J. Bolte Go. (Richard J. Bolte, d.b.a.), Inasmuch as the SWi4SExA of sec. 32 12133 Rambler Road, Philadelphia, Pa., [Project No. 1971] is not withdrawn for power purposes, we 19114; Richard J. Bolte, own». IDAHO POWER CO. will give it no further consideration in Notice is hereby given of changes in this order. the following independent ocean freight Notice of Application for Amendment Applicant desires to use the above-de forwarder licenses. of License for Partly Constructed scribed lands as a training ground for Project truck drivers and heavy equipment op Address Changes J une 1, 1966. erators and plans to construct a road and Seven Seas Mercantile Transport, Inc., 42 Public notice is hereby given that ap firebreak across portions of the tracts. Broadway, New York, N.Y., 10004; License The lands lie on the north shore of No. 563. plication has been filed under the Federal Power Act (16 U.S.C. 791a-825r) by the Camanche Reservoir, a flood control J. Cortina, Exchange National Bank Building, and water supply for irrigation and 605 North Franklin Street, Suites 606, 607, Idaho Power Co. (correspondence to: Tampa, Fla., 33602; License No. 105. T. E. Roach, President, Idaho Power Co., domestic uses only project, recently com Vandegrift Forwarding Co., Inc., >32 Broadway, Boise, Idaho, 83701) for amendment of pleted by East Bay Municipal Utility Suite 300, New York, N.Y., 10004; License the license for partly constructed Project District, (District) of Oakland, Calif. No. 370. No. 1971, located on the Snake River The lands are part of the remaining por Pan American Forwarders, Inc., 95 Broad Idaho and Oregon, and affecting lands tions of lands still withdrawn pursuant Street, New York, N.Y., 10004; License No. of the United States within the Wal to the filing on February 25, 1953, of an 653. application by District for a preliminary M. J. Corbett & Co., Inc., 80 Broad Street, New lowa—Whitman National Forest in Wal York, N.Y., 10004; License No. 737. lowa County, Oreg. permit for the then proposed Camanche, M. Harrison & Co., Inc. (Affiliate of M. J. The licensee seeks to include in the Middle Bar and Railroad Flat Develop Corbett & Co., Inc.), 80 Broad Street, New license for the project the proposed Pal- ments comprising Project No. 2128. York, N.Y., 10004; License No. 737. lette J u n c t i o n—Enterprise 230—kv These three developments were later included in an application for license Change o f Name transmission line, which will form part of the transmission system of Project No: filed on August 28, 1957, by the District, International Express Co. (S. B. Navarro, 1971, and will connect Enterprise, Oreg., which also included the rehabilitation of d.b.a.) to International Express Co., Inc., with a line to be built from Enterprise to the existing Pardee Development operat 348 Camp Street, New Orleans, La.; License Walla Walla, Wash., by Pacific Power & ing under Congressional authorization. No. 501. However, following the filing of the ap Change o f O fficers Light Co. The Pallette Junction—En terprise line will provide an additional plication, studies by engineers retained W. R. Keating & Co., Inc., 90 Broad Street, intertie between the licensee’s system and by District indicated that Middle Bar New York, N.Y., 10004; License No. 190, the Northwest Power Pool, thereby allow and Railroad Flat developments and re William J Augerot, vice president. development of Pardee should be aban Eastern Freight Forwarders, Inc., 309 St. ing power to flow to and from the North Michael Street, Mobile, Ala.; License No. west Power Pool. The line would also be doned in favor of an enlarged Camanche 1107, M. Woodrow Myers, president and used for the delivery of power to Pacific development for flood control and water general manager; Harry D. Hardy, treas Power & Light Co. under a contract be supply for irrigation and domestic uses, urer-secretary. tween the latter and the licensee a copy but with no provision for power genera Albert E. Bowen, Inc., 17 Battery Place, New of which is on file with the Commission. tion. A Commission staff study of the York, N.Y.; License No. 918, Bernard D. At The subject line will initially receive feasibility of power at the enlarged wood, secretary; William A. Phelps, assist power from the Brownlee Development Camanche development supported the ant secretary. , District’s engineers’ conclusion that pro Pan American Forwarders, Inc., 95 Broad of Project No. 1971, but upon completion •Street, New York, N.Y.; License No. 653, of the Hells Canyon power plant and vision for power generation at Camanche William V. Young, president and treasurer; construction of the Hells Canyon—Pal was not economically justified. Con Eugene D. Palmier!, vice president; Myrtle lette Junction transmission line, the struction at a later date of the Middle De Vita, assistant secretary. power will then be routed directly from Bar and Railroad Flat developments Dumont Shipping Co., Inc., 11 Broadway, New Hells Canyon. would not be precluded by construction York, N.Y.; License No. 887, Charles J. Protests or petitions to intervene may of the enlarged Camanche dam and res Mueller, Jr., president; Eugene Schramm, ervoir. In these circumstances, and pur vice president; Charles J. Mueller, Jr., be filed with the Federal Power Commis treasurer; John P. McQuade, secretary; Sol sion, Washington, D.C., 20426, in accord suant to application therefor, the Com Abraham, assistant secretary. ance with the rules of practice and proce mission permitted withdrawal of Dis dure of the Commission (18 CFR 1.8 or trict’s application for license for Project G randfather Applicants Licensed 1.10). The last day upon which protests No. 2128 by its order issued March 12, May 1966 or petitions may be filed is July 19, 1966. 1962. As recited above, the Camanche The application is on file with the Com Reservoir, without power generation, has American Express Co., 65 Broadway, New been completed. York, N.Y.; License No. 289, issued May 17, mission for public inspection. Pursuant to the application therefor 1966. J oseph H. G utride, Penn Shipping & Forwarding Co. (Julius by District, the Commission by its order Berkovits, d.b.a.), 101 West 31st Street, Secretary. issued September 10, 1962, in Docket No, Room 800, New York, N.Y.; License No. 286, [F.R. Doc. 66-6251; Filed, June 7, 1966; DA-1030-California, vacated the NE}4 issued May 18,1966. 8:46 am.] NW%NW}4, sec. 8 (about 10 acres) of FEDERAL REGISTER, VOL. 31, NO. 110— WEDNESDAY, JUNE 8, 1966 NOTICES 8097 the above township and range which suant to the filing of the application for r, ,, [Docket No. RI66 -396 J was a portion of the lands withdrawn Project No. 2128, insofar as it withdrew fdr thé Camanche Reservoir of Project lands for the Camanche Reservoir, TENNECO OIL CO., ET At. No. 2128. The Commission’s order serves no useful purpose and vacation stated, among other things, that a Com of their withdrawal is in the public Order Providing for Hearing on and mission staff study supports the conclu interest: Suspension of Proposed Change in sion that provision for power generation T. 4 N., R. 9 E., sec. 10, N%NE%. Rate at the Camanche Reservoir “is not eco T. 4 N., R. 10 E., sec. 5, lot 2, SW%NE^. nomically feasible.” Consequently, we May 27, 1966. The Commission orders: The existing are herein ordering vacation of all of the On April 27, 1966,1 Tenneco Oil Co. lands remaining withdrawn (comprising power withdrawal, insofar as it pertains 159.52 acres) for the Camanche Reser to the lands described in the above find (Operator), et al. (Tenneco) ,2 tendered voir development of Project No. 2128. ing,' is hereby vacated. for filing a proposed change in its pres The Commission finds: Inasmuch as By the Commission. ently effective rate schedule for sales of the following described lands have no [seal] G ordon M. Grant, , natural gas subject to the jurisdiction of power value, the existing power with Acting Secretary. the Commission. The proposed ehange, drawal pertaining to the lands under [F.R. Doc. 66-6252; Filed, June 7, 1966; which constitutes an increased rate and section 24 of the Federal Power Act pur 8:46 a.m.] charge, is designated as follows: Effective Cents per Mcf Rate in Rate Sup Amount Date date Date sus effect Sub Docket Respondent sched ple Purchaser and producing area of annual filing unless pended No. ject to : ule ment increase tendered sus . until— Rate in Proposed refund iff No. No. pended effect increased docket rate Nos. RI66-396. . Tenneco Oil Co. 3 128 1 Tennessee Gas Pipeline Co.3 (El $2,334 ? 4-27-66 * 6-1-66 11-1-66 »14.6 ‘ « 16.0 (Operator), et al., Ebanito Field, Starr County, Tex.) Post Office Box (R.R. District No. 4). 2611, Houston, Tex., 77001. Î ^ Tennessee are wholly owned subsidiaries of Tenneco Inc. 1 Pressure base is 14.65 p.s.i.a. : The stated effective date is the effective date proposed by Respondent. » Permanently certificated rate authorized in Docket No. CIfll-1272, approving Fractured” rate increase. Tenneco contractually entitled to file for periodic rate increase to 18.24347 cents. Tennessee’s transfer of on-systein sale to its subsidiary, Tenneco. Tenneco’s proposed increased rate and to be altered thereby, shall be changed form approved by the Board, has been charge exceeds the applicable area price until this proceeding has been disposed published pursuant to said Act. level for increased rates as set forth in of or until the period of suspension has Upon consideration of all relevant ma the Commission’s Statement of General expired, unless otherwise ordered by the terial in the light of the factors set forth Policy No. 61-1, as amended (18 CFR Commission. in said Act, including reports furnished 2.56). (D) Notices of intervention or peti by the Comptroller of the Currency, the The proposed changed rate and charge tions to intervene may be filed with the Federal Deposit Insurance Corporation, may be unjust, unreasonable, unduly dis Federal Power Commission, Washington, and the Attorney General on the com criminatory, or preferential, or otherwise D.C., 20426, in accordance with the rules unlawful. petitive factors involved in the proposed of practice and procedure (18 CFR 1.8 merger: The Commission finds: and 1.37(f)) on or before July 13, 1966. It is necessary and proper in the publi It is hereby ordered, For the reasons interest and to aid in the enforcemen By the Commission. set forth in the Board’s Statement1* of of the provisions of the Natural Gas Ac [seal] J oseph H. Gtjtride, this date, that said application be and wiat the Commission enter upon a hear Secretary. hereby is approved, provided that said mg concerning the lawfulness of the pro merger shall not be consummated (a) posed change, and that Supplement N< [F.R. Doc. 66-6253; Filed, June 7, 1966; , Tenneco’s FPC Gas Rate Schedul 8:46 a.m.] before the 30th calendar day following no. 128 be suspended and the use therec the date of this order or (b) later than deferred as hereinafter ordered. three months after said date. The Commission orders: FEDERAL RESERVE SYSTEM Dated at Washington, D.C., this 1st day •nt f ursuant to the authority of th of June 1966. Natural Gas Act, particularly sections STATE BANK AND TRUST CO. and 15 thereof, the Commission’s rule By order of the Board of Governors.2* of practice and procedure, and the reg Order Approving Merger of Banks the Natural Gas Act (1 [seal] Merritt S herman, y Y* Ch- M» a Public hearing shall b In the matter of the application of the Secretary. State Bank & Trust Co. for approval of 1iS0nr,a date be Axed by notic [F.R. Doc. 66-6255; Filed, June 7, 1966; from the Secretary concerning the law merger with The Ney State Bank. 8:46 a.m.] °f the Pr°P°sed increased rat There has come before the Board of and charge contained in Supplement Nc Governors, pursuant to the Bank Merger Act, as amended (12 U.S.C. 1828(c), Pub 1 Amended by filing submitted on May 9, N o l ï f 1111600'8 FPC Gas Schedul lic Law 89-356), an application by the 1966, proposing a rate of 16.0 cents in lieu State Bank & Trust Co., Defiance, Ohio, of 18.24347 cents originally proposed. J „ BL Pending such hearing and deci 2 Address is: Post Office Box 2511, Houston, J2? ,thereon, Supplement No. 1 to Ten a State member bank of the Federal Re Tex., 77001. neco s FPC Gas Rate Schedule No. 12 serve System, for the Board’s prior ap 18 Filed as part of the original document. rt0?ere*,y suspended and the use thereo proval of the merger of that bank and Copies available upon request to the Board until November 1, 1966, an« the Ney State Bank, Ney, Ohio, under the of Governors of the Federal Reserve System, Washington, D C., 20551, or to the Federal thereafter until such further time as i charter and title of the State Bank & Reserve Bank of Cleveland. 5 r S f f eKe5 ctive ^ the manner pre Trust Co. As an incident to the merger, 2a Voting for this action: Vice Chairman scribed by the Natural Gas Act. the sole office of the Ney State Bank Robertson,: and Governors Shepardson, *J£L ?either the supplement hereb; would become a branch of the resulting Maisel, and Brimmer. Absent and not vot suspended, nor the rate schedule sough ing : Chairman Martin, ‘ and Governors bank. Notice of the proposed merger, in Mitchell and Daane. No. 110----- 8 FEDERAL REGISTER, VOL. 31, NO. 110— WEDNESDAY, JUNE 8,. 1966 8098 NOTICES be construed to include entry for consump gheny’s corporate organization. . Pay INTERAGENCY TEXTILE tion into the Commonwealth of Puerto Rico. ment of the interest and dividends is The actions taken with respect to the guaranteed by Buffalo. . All of the prop Government of Poland and with respect to ADMINISTRATIVE COMMITTEE imports of cotton textile products from Po erty of Buffalo (including its leasehold land have been determined by the Presi interest in Allegheny) constitutes a part CERTAIN COTTON TEXTILE PRODUCTS dent’s Cabinet Textile Advisory Committee of the B&O railroad system, pursuant to PRODUCED OR MANUFACTURED to involve foreign affairs functions of the agreements dating from December 15, IN POLAND United States. Therefore, the directions to 1931, in which B&O covenants to pay the the Commissioner of Customs, being neces rentals called for by Allegheny’s lease Limitation on Entry and Withdrawal sary to the implementation of such actions, to Buffalo. From Warehouse for Consumption fall within the foreign affairs exception to the The Board of Directors of Allegheny notice provisions of section 4 of the Adminis consists of officers and employees of B&O J une 3,1966. trative Procedure Act. This letter will be published in the F ederal R egister. chosen and nominated by it. The direc By an exchange of letters concluded on tors and officers of Allegheny serve as May 20, 1966, the U.S. Government, in Sincerely yours, such without compensation from, or ex furtherance of the objectives of, and J o h n T. Con n o r, pense to Allegheny. Allegheny presently under the terms of the Long-Term Ar Secretary of Commerce, and Chair has outstanding 32,000 shares of Capital rangements Regarding International man, President’s Cabinet Textile Stock, which shares are registered with Trade in Cotton Textiles, done at Geneva Advisory Committee. the Securities and Exchange Commission on February 9, 1962, entered into an [F.R. Doc. 66-6239; Filed, June 7, 1966; pursuant to the Securities Exchange Act agreement with the Government of 8:45 a.m.] of 1934 and listed for trading on the New Poland providing that exports from Po York Stock Exchange. As of March 24, land to the United States of cotton 1966, B&O owned 12.46 percent of the shirts in Category 46 would be limited to aforesaid Capital Stock. No other single 8,400 dozen for the 12-month period be SECURITIES AND EXCHANGE person owned more than 1,000 shares. ginning May 26,1966. Also, B&O owns all but 2 shares of the There is published below a letter of COMMISSION 60,000 outstanding shares of preferred June 1, 1966, from the Chairman, Presi [File No. 81-66] stock of Buffalo, and all but 1 share of dent’s Cabinet Textile Advisory Com the latter’s 104,987 outstanding shares of mittee, to the Commissioner of Cus ALLEGHENY & WESTERN RAILWAY common stock. toms, directing that the amount of cotton CO. As of March 24, 1966, the number of textile products in Category 46, pro holders of Allegheny’s Capital Stock ag duced or manufactured in Poland, and Notice of Application and gregated 719. In 1965,1990 shares of Al exported to the United States from Po Opportunity for Hearing legheny Capital Stock were traded on the land on or after May 26 1966, which may J une 1,1966. New York Stock Exchange. Allegheny be entered into the United States for filed annual reports containing financial consumption or withdrawn from ware Notice is hereby given that Allegheny information together with other signifi house for consumption, for the period be & Western Railway Co., a Pennsylvania cant data with the Interstate Commerce ginning May 26, 1966, and extending corporation (Allegheny), and the Balti Commission and with this Commission. through May 25,1967, be limited to 8,400 more & Ohio Railroad Co. (B&O) have Allegheny mails notice of its annual dozen. made application to the Securities and meeting to registered holders of its stock. S tanley N ehmer, Exchange Commission seeking an ex The applicants have undertaken to dis Chairman, Interagency Textile Ad emption under section 12(h) of the Se tribute to such stockholders, with the ministrative Committee, and curities Exchange Act of 1934 (Act) from notice, a current annual report of Al Deputy Assistant Secretary the requirements of section 14(c) of the legheny, including balance sheet and in for Resources. Act, for and in connection with any an come statement information. With the nual meeting of stockholders of Alle knowledge of the New York Stock Ex T h e Secretary op Comm erce gheny at which the only action to be change no proxies have been solicited president’s cabinet textile advisory taken is the election of director and/or from stockholders since 1938. COMMITTEE such other action as does not directly or The applicants have waived notice and W a sh in g ton , D.C., 20230, June 1,1966. indirectly affect the interests of the hold opportunity for hearing but if the Com ers of such stock. mission finds itself unable to grant the C ommissioner o p Cu st o m s, - Section 12(h) of the Act permits the application, the waiver shall not apply. Department of the Treasury, Commission, upon application of an in Notice is hereby given that any inter Washington, D.C. terested person, by order, after notice ested person may, hot later than June 22, D ear M r . Commissioner : Under the terms and opportunity for hearing, to exempt 1966, at 5:30 a.m., submit to the Com of the Long-Term Arrangements Regarding in whole or in part any issuer or class mission in writing his views or any ad International Trade in Cotton Textiles, done of issuers from section 14 upon such ditional facts bearing upon the appli at Geneva on February 9, 1962, and in ac terms and conditions and for such pe cordance with procedures outlined in Execu cation or the desirability of a hearing tive Order 11052 of September 28, 1962, as riod as it deems appropriate, if the Com thereon. Any such communication or re amended by Executive Order 11214 of Apiril mission finds, by reason of the number quest should be addressed to the Secre 7, 1965, you are directed to prohibit, effective of public investors, amount of trading tary, Securities and Exchange Commis as soon as possible, entry into the United interest in the securities, the nature and sion, Washington, D.C., 20549, and should States for consumption and withdrawal from extent of the activities of the issuer, in state briefly the nature of the interest warehouse for consumption of cotton textile come or assets of the issuer, or otherwise, of the person submitting such informa products in Category 46, produced or manu that such action is not inconsistent with factured in Poland, in excess of 8,400 dozen tion or requesting a hearing, the reason for the period beginning May 26, 1966, and the public interest or the protection of for such request and the issues of fact or extending through May 25, 1967. investors. law raised by the application which he A detailed description of Category 46 in According to the present application, desires to controvert. At any time after terms of T.S.U.S.A. numbers was published all of the property of Allegheny con such date, an order granting the appli in the F ederal R egister on October 1, 1963 stitutes a part of the B&O railroad sys cation may be issued, by the Commission (28 F.R. 10551), and amendments thereto on tem. This property is leased in per unless an order for hearing upon said March 24, 1964 (28 F.R. 3679). petuity under agreements dating from application is issued upon request or upon Goods in Category 46, produced or manu October 1,1898, to the Buffalo, Rochester the Commission’s own motion. factured in Poland, which have been ex and Pittsburg Railway Co. (Buffalo), at ported to the United States from Poland an annual rental equivalent to (a) 4 per- For the Commission (pursuant to dele prior to May 26, 1966, shall not be subject to gated authority). this directive. The level designated above ent per annum interest on outstanding has not been adjusted to reflect entries made bonds of Allegheny; (b) dividends of 6 [seal] Orval L. D uB ois, on or after May 26, 1966. percent per annum on Allegheny’s Capi Secretary. In carrying out the above directions, entry tal Stock; and (c) an annual sum not to [F.R. Doc. 66-6268; Filed, June 7, 1966; into the United States for consumption shall exceed $500 for maintenance of Alle 8:47 a.m.] FEDERAL REGISTER, VOL. 31, NO. 110— WEDNESDAY, JUNE 8, 1966 NOTICES 8099 [Pile Nos. 2-20318 ( 22-3339), 2-21180 indenture (the “1962 Indenture”) be [File No. 70-4388] (22-3505)] tween the Company and First National PENNZOIt CO. AND ELK KJ0BENHAVNS TELEFON City Bank, Trustee, The 1962 Indenture has been qualified under the Act (File REFINING CO. AKTIESELSKAB Nos. 2-20318, 22-3339); Notice of Proposed Sale and Ac (b) $15,000,000 principal amount of Notice of Application and Oppor quisition of Assets and Securities tunity for Hearing its 5% percent Sinking Fund Dollar Debentures due April 15, 1978, under an Incident to Change of Corporate June 1, 1966. indenture (the “1963 Indenture”) be Domicile Notice is hereby given that Kj0ben- tween the Company and First National May 31,- 1966. havns Telefon Aktieselskab (Copen City Bank, Trustee. The 1963 Indenture Notice is hereby given that Pennzoil hagen Telephone Co., Inc., the “Com has been qualified under the Act (File Co. (“Pennzoil”), 900 Southwest Tower, pany”) has filed an application pursuant Nos. 2-21180, 22-3505); Houston, Tex., 77002, a registered holding to clause (ii) of section 310(b) (1) of the (c) $15,000,000 principal amount of its company, and its wholly owned nonutil Trust Indenture Act of 1939 (hereinafter 5% percent Sinking Fund Debentures due ity subsidiary company, Elk Refining Co. referred to as the “Act”) for a finding by July 1, 1984, under an indenture (the (“Elk-Pa.”) , a Pennsylvania corporation, the Commission that the trusteeship of “1964 Indenture”) between the Company have filed a joint application-declaration First National City Bank (New York) and First .National City Bank, Trustee. pursuant to the Public Utility Holding under three indentures (the “Bank In The 1964 Indenture has not been qualified Company Act of 1935 (“Act”) , proposing dentures”) of the Company, dated as of under the Act. to reincorporate Elk-Pa. as a West Vir June 1, 1962 (the “1962 Indenture”), 2. The Company has issued $10,000,000 ginia corporation with the same corpo dated as of April 15, 1963 (the “1963 principal amount of its 6% percent rate name (“Elk-W. Va.”). Applicants- Indenture”), which have been qualified Sinking Fund Dollar Debentures due declarants designate sections 6, 7, 9, 10, under the Act, and dated as of July 1, April 1, 1986 under an indenture (the and 12 of the Act as applicable to the 1964 (the “1964 Indenture”), which has “1966 Indenture”) between the Company proposed transactions. All interested not been qualified under the Act, and and First National City Bank, Trustee. persons are referred to said application- trusteeship by First National City Bank The 1966 Indenture has not been quali declaration, which is summarized below, under an indenture dated as of April 1, fied under the Act. for a complete description of the pro 1966 (the “1966 Indenture”) , into which 3. The 1962 Indenture, the 1963 In posed transactions. First National City Bank has entered and denture, the 1964 Indenture and the 1966 Elk-Pa. is engaged, directly and which has not been qualified under the Indenture are wholly unsecured. through two wholly owned subsidiary Act, Is not likely to involve a material 4. Aside from differences as to companies, in the refining of crude oil at conflict of interest as to make it neces amounts, dates and interest rates, the Falling Rock, W. Va., and the marketing sary in the public interest or for the provisions of the four indentures are sub of gasoline and other petroleum products. protection of investors to disqualify First stantially identical, except for certain At December 31, 1965, the total consoli National City Bank from acting as differences which, in the opinion of the dated assets, less related reserves for de Trustee under the three Bank Indentures Company, is unlikely to cause any con preciation, depletion and amortization, and the 1966 Indenture. flict of interest between the respective of Elk-Pa. amounted to approximately Section 310(b) of the Act, which is in trusteeships of First National City Bank $10,000,000, and total consolidated lia cluded in section 8.08 in the 1962 Inden under such indentures. bilities amounted to approximately ture, the 1963 Indenture and the 1964 The Company waives notice of hearing, $1,600,000. Indenture provides, in part, that if a and waives hearing, in connection with Elk-W. Va. will issue all of its capital trustee under an indenture qualified the matter. stock to Pennzoil in exchange for all of under the Act has or shall acquire any For a more detailed statement of the the capital stock of Elk-Pa. Elk-Pa. will conflicting interest (as defined in the matters of fact and law asserted, all per then be merged into Elk-W. Va. which, as section), it shall within ninety days after sons are referred to said application the surviving corporation, will acquire ascertaining that it has such conflicting which is on file in the offices of the Com Elk-Pa.’s properties, and assets and will interest, either eliminate such conflicting mission, 500 North Capitol Street NW., assume its liabilities. It is stated that interest or resign. Subsection (1) of Washington, D.C. on the effective date of the merger, the this section provides, with certain excep Notice is further given that any inter Board of Directors of Elk-W. Va. will be tions stated therein, that a trustee is ested person may, not later than June composed of the same persons who now deemed to have a conflicting interest if 30,1966, request in writing that a hearing constitute the Board of Directors of it is acting as trustee under a qualified be held in such matter, stating the nature Elk-Pa. indenture and becomes trustee under of his interest, the reasons for such re Fees, commissions and expenses in another indenture of the same obligor. quest, and the issues of fact or law connection with the proposed transac However, pursuant to clause (ii) of sub raised by said application which he de tions are estimated at $5,900 including section (l), there may be excluded from sires to controvert; or he may request legal fees of $5,200. It is stated that no the operation of this provision another that he be notified if the Commission State commission and no Federal com “ denture or indentures under which should order a hearing thereon. Any mission, other than this Commission, has other securities of such obligor are out such request should be addressed: Secre jurisdiction over the proposed trans standing, if the issuer shall have sus tary, Securities and Exchange Commis actions. tained the burden of proving, on applica sion, Washington, D.C., 20549. At any Notice is further given that any tion to the Commission, and after time after said date, the Commission may interested person may, not later than opportunity for hearing thereon, that issue an order granting the application, June 20, 1966, request in writing that a trusteeship under a qualified indenture upon such terms and conditions as the hearing be held on such matter, stating and another indenture is not so likely to Commission may deem necessary or ap the nature of his interest, the reasons for involve a material conflict of interest as propriate in the public interest and the such request, and the issue of fact or law to make it necessary in the public inter interest of investors, unless a hearing is raised by said joint application-declara est or for the protection of investors to ordered by ¿he Commission. tion which he desires to controvert; or disqualify such trustee from acting as For the Commission (by delegated au he may request that he be notified if the trustee under any of such indentures. thority). Commission should order a hearing The Company alleges that: thereon. Any such request should be 1. It has outstanding [seal] Orval L. D uB ois, addressed: Secretary, Securities and Ex (a) $15,000,000 principal amount of Secretary. change Commission, Washington, D.C., 5» 5% percent Sinking Fund Dollar [F.R. Doc. 66-6269; Filed, June 7, 1966; 20549. A copy of such request should be Debentures due June 1, 1977, under an 8:47 a.m.] served personally or by mail (airmail if FEDERAL REGISTER, VOL. 31, NO. 110— WEDNESDAY, JUNE 8, 1966 8100 NOTICES the person being served is located more of the Interstate Commerce Act relating merce Commission in the manner and than 500 miles from the point of mailing) to the qualifications and maximum hours form provided in such rules (49 CFR upon Pennzoil Company at the above- of service of employees of motor carriers 211.1(e)) at any time, but will not op stated address, and proof of service (by engaged in interstate commerce. Under erate to stay commencement of the pro affidavit or, in case of an attorney at law, section 13(b)(1) of the Fair Labor posed operations unless filed within 30 by certificate) should be filed contempo Standards Act, the effect of such a find days from the date of publication. raneously with the request. At any time ing would be to exempt petitioner’s me Successively filed letter-notices of the after said date, the joint application- chanics from the overtime compensation same carrier under thè Commission’s declaration may be granted and permit provisions of section 7 (a) of this act. Deviation Rules Revised, 1957, will be ted to become effective as provided in Petitioner conducts no motor carrier numbered consecutively for convenience Rule 23 of the general rules and regula operations. It is engaged exclusively in in identification and protests if any tions promulgated under the Act, or the the leasing and servicing of motor car should refer to such letter-notices by Commission may grant exemption from rier equipment. With the exception of number. such rules as provided in Rules 20(a) two units of equipment leased to a firm and 100 thereof or take such other action engaged in private carriage, all petition M otor Carriers of P roperty as it may deem appropriate. er’s equipment is leased to Reisch Truck No. MC 903 (Deviation No. 1), FAL- For the Commission (pursuant to dele ing Co., a motor common carrier of prop WELL FAST FREIGHT, INC., Post gated authority). erty, operating in interstate -commerce Office Box 937, 3915 Campbell Avenue, pursuant to certificates Nos. MC-16513 Lynchburg, Va., filed May 26,1966. Car [seal] Orval L. D uB ois, and MC-16513 (Sub-No. 1). This car rier proposes to operate as a common Secretary. rier owns no equipment of its own. Pe carrier, by motor vehicle, of general com [F.R. Doc. 66-6270; Filed, June 7, 1966; titioner employs 22 mechanics whose sole modities, with certain exceptions, over a 8:47 ajn.] duties consist of maintaining the equip deviation route as follows: From junc ment leased to Reisch Trucking Co. Pe tion U.S. Highways 60 and 21, south of titioner and Reisch Trucking Co. are Gauley Bridge, W. Va., over U.S. High UNITED SECURITY LIFE INSURANCE commonly owned and controlled and way 60 to junction U.S. Highway 220, at CO. share common office facilities and clerical Clifton Forge, Va., thence over U.S. High Order Suspending Trading help. The findings in Ex Parte No. MC 2, way 220 to Roanoke, Va., and return over 28 M.C.C. 125, regarding the qualifica the same route, for operating conven June 1,1966. tions and maximum hours of service of ience only. The notice indicates that It appearing to the Securities and Ex interstate motor carrier employees do not the carrier is presently authorized to change Commission that the summary relate to mechanics employed by estab transport the same commodities over suspension of trading in the common lishments such as petitioner. It believes pertinent service routes as follows: (1) stock, $1 par value, of United Security that the circumstances described above From Bluefield, W. Va„ over U.S. High Life Insurance Company, Birmingham, warrants modification of these findings way 19 to Princeton, W. Va., thence over Ala., otherwise than on a national secu in such a manner as to extend the pro U.S. Highway 219 to Rich Creek, Va., rities exchange is required in the public visions of section 204(a) of the Interstate thence over U.S. Highway 460 (formerly interest and for the protection of Commerce Act to its mechanics. Virginia Highway 8) to Christiansburg, investors: No oral hearing is contemplated at this Va„ thence over U.S. Highway 11 to It is ordered, Pursuant to section 15 time, but anyone wishing to make repre Roanoke, Va., (2) from Bluefield, W. Va., (c) (5) of the Securities Exchange Act sentations in favor of, or against, the over U.S. Highway 19 to junction U.S. of 1934, that trading in such securities modification proposed above may do so Highway 21 (formerly U.S. Highway 19), otherwise than on a national securities by the submission of written data, views, thence over U.S. Highway 21 to Gauley exchange be summarily suspended, this or arguments. An original and five cop Bridge, W. Va., thence over U.S. High order to be effective for the period ies of such data, views, or arguments way 60 to Charleston, W. Va„ and (3) June 2,1966, through June 11,1966, both must be filed with the Commission on or from Bluefield, W. Va., over U.S. High dates inclusive. before July 11,1966. way 19 to Beckley, W. Va., thence over Notice to the general public of the mat West Virginia Highway 3 to Racine, By the Commission. ter herein under consideration will be W. Va., and thence over U.S. Highway [seal] Orval L. DuB ois, given by depositing a copy of this notice 119 to Charleston, W. Va., and return Secretary. in the office of the Secretary of the Com over the same routes. mission for public inspection and by fil No. MC 2136 (Deviation No. 3), [ [F.R. Doc. 66-6271; Filed, June 7, 1966; ing a copy thereof with the Director, Of L 8:48 a.m.J CLEMANS TRUCK LINE, INC., 815 fice of the Federal Register. West Sample Street, South Bend, Ind., By the Commission. 46221, filed May 3!, 1966. Carrier pro poses to operate as a common carrier, INTERSTATE COMMERCE [seal] H. N eil G arson, by motor vehicle, of general commodities, - Secretary. with certain exceptions, over a deviation COMMISSION [F.R. Doc. 66-6297; Filed, June 7, 1966; route as follows: From South Bend, Ind., 8:49 a n .] over Indiana Highway 23 to the Indiana- [Ex Parte No. MO 40 (Sub-No. 2) ] Michigan State line, thence over Michi [Notice 398] gan Highway 62 to junction Michigan MAXIMUM HOURS OF SERVICE OF Highway 60 at or near Cassopolis, Mich., MOTOR CARRIER EMPLOYEES MOTOR CARRIER ALTERNATE ROUTE thence over Michigan Highway 60 to DEVIATION NOTICES junction U.S. Highway 131 near Three J une 3, 1966. Rivers, Mich., and return over the same Petition by Dependable Trucking Co. June 3, 1966. route, for operating convenience only. requesting modification of findings in Ex The following letter-notices of pro The notice indicates that the carrier is Parte No. MC 2, 28 M.C.C. 125, so as to posals to operate over deviation routes presently authorized to transport the bring the mechanics employed by it un for operating convenience only have been same commodities over a pertinent serv der the provisions of section 204(a) of filed with the Interstate Commerce Com ice route as follows: From South Bend, the Interstate Commerce Act; petition mission, under the Commission’s Devia Ind., over U.S. Highway 33 to Elkhart, er’s representatives: John C. Peet, Jr., tion Rules Revised, 1957 (49 CFR 211.1 Ind., thence over Indiana Highway 120 and U. Baker Smith, 2107 Fidelity-Phila (c)(8)) and notice thereof to all inter to Bristol, Ind., thence over Indiana delphia Tr. Building, Philadelphia, Pa., ested persons is hereby given as provided Highway 15 to the Indiana-Michigan 19109. By petition filed May 9,1966, De in such rules (49 CFR 211.1(d)'(4) ). State line, thence over U.S. Highway 131 pendable Trucking Co. requests that the Protests against the use of any pro to junction Michigan Highway 60 at or mechanics employed by it be found sub posed deviation route herein described near Three Rivers, Mich,, and return ject to the provisions of section 204(a) may be filed with the Interstate Com over the same route. FEDERAL REGISTER, VÓL. 31, NO. 110— WEDNESDAY, JUNE 8, 1966 NOTICES 8101 No. MC 108298 (Deviation No. 3), {Notice 9301 received from or delivered to other for- ELLIS; TRUCKING CO., INC., 1600 MOTOR CARRIER APPLICATIONS AND hire carriers; that applicant is fit, will ing, and able properly to perform such Oliver Avenue, Indianapolis, Ind., 46207, CERTAIN OTHER PROCEEDINGS filed May 27, 1966. Carrier proposes to service and to conform to the require operate as a common carrier, by motor June 3, 1966. ments of the Interstate Commerce Act vehicle, of general commodities, with The following publications are gov and the Commission’s rules and regula certain exceptions, over a deviation route erned by Special Rule 1.247 of the Com tions thereunder. Because it is possible as follows: From junction U.S. Highways mission’s rules of practice, published in that other parties, who have relied upon 23 and 25, at Toledo, Ohio, over U.S. the F ederal R egister issue of April 20, the notice of the application as published, Highway 23 to junction U.S. Highway 10 1966, which became effective May 20, may have an interest in and would be at Flint, Mich., and return over the same 1966. prejudiced by the lack of proper notice route, for operating convenience only. The publications hereinafter set forth of the authority described in the findings The notice indicates that the carrier is reflects the scope of the application as in this order, a notice of the authority presently authorized to transport the filed by applicant, and may include de actually granted will be published in the same commodities over pertinent service scriptions, restrictions, or limitations F ederal R egister and issuance of a cer routes as follows: (1) From Flint, Mich., which are not in a form acceptable to tificate in this proceeding will be with over U.S. Highway 10 to Detroit, Mich., the Commission. Authority which ulti held for a period of 30 days from the date and (2) from Detroit, Mich., over U.S. mately may be granted as a result of the of such publication, during which period Highway 25 to Toledo, Ohio, and return applications here noticed will not neces any proper party in interest may file an over the same routes. sarily reflect the phraseology set forth appropriate protest or other pleading. in the application as filed, but also will No. MC 116254 (Sub-No. 62) (Cor Motor Carriers of P assengers eliminate any restrictions which are not rected republication), filed November 4, No. MC 1515 (Deviation No. 315) (Can acceptable to the Commission. 1965, published F ederal R egister issues cels Deviation No. 171), GREYHOUND of November 18, 1965, and May 11, 1966, Applications Assigned for Oral respectively, and republished this issue. LINES, INC. (Western Division), Market Hearing and Fremont Streets, San Francisco, Applicant: CHEM-HAULERS, INC., Post Calif., 94106, filed May 31, 1966. Car MOTOR CARRIERS OF PROPERTY Office Box 245, Sheffield, Ala. Appli rier’s representative: W. T. Meinhold, No. MC 111196 (Sub-No. 31) (Republi cant’s representative: Walter Harwood, 371 Market Street, San Francisco, Calif., cation), filed April 8, 1965, published Nashville Bank & Trust Building, Nash 94105. Carrier proposes to operate , as a F ederal R egister issue of April 28, 1965, ville, Tenn. By application filed Novem common carrier, by motor vehicle, of and republished, this issue. Applicant: ber 4, 1965, as amended, applicant seeks passengers and their "baggage, and ex R. KUNTZMAN, INC., 1805 West State a certificate of public convenience and press and newspapers in the same vehicle Street, Alliance, Ohio. Applicant’s rep necessity authorizing operation, in inter with passengers, over deviation routes as resentative: James R. Stiverson, 50 West state or foreign commerce, as a common follows: (1) From Grants Pass, Oreg., Broad Street, Columbus 15, Ohio. By carrier by motor vehicle, over irregular over access highways to Interstate High application filed April 8,1965, as amend routes, of dimethyl terephthalate and way 5, thence over Interstate Highway ed, applicant seeks a certificate of pub terephthalic acid, in bins of 4,000 pounds 5 to Medford, Oreg., (2) from Medford, lic convenience and necessity authoriz to 5,500 pounds capacity each, from the Oreg., over Interstate Highway 5 and ing operation, in interstate or foreign plant site of Amoco Chemicals Corp. access highways to Ashland, Oreg., (3) commerce, as a common carrier by motor located at or near Decatur, Ala., to points from North Grants Pass Interchange, vehicle, of general commodities (except in Alabama, Georgia, Illinois, Indiana, over Interstate Highway 5 to Medford, those of unusual value, classes A and B Mississippi, North Carolina, Ohio, Ken Oreg., (4) from Medford, Oreg., over explosives, livestock, household goods, as tucky, South Carolina, Tennessee, Vir Interstate Highway 5 to South Ashland defined by the Commission, commodities ginia, and West Virginia, restricted to Interchange, and (5) from Siskiyou, in bulk, and those requiring special traffic which is loaded in bins or con Oreg., over Interstate Highway 5 to equipment), serving Beach City, Bolivar, tainers prior to placement on vehicles, South Summit Junction, Oreg., and re Brewster, Canal Fulton, Crystal Spring, which is destined to Kingsport, Tenn., turn over the same routes, for operating East Sparta, Harmon, Magnolia, Mar- and points in Virginia and West Virginia. convenience only. The notice indicates shallville, McDonaldsville, Minerva, Na An order of the Commission, Operating that the carrier is presently authorized to varre, Newman, North Lawrence, Stan- Rights Board No. 1, dated April 21, 1966, transport passengers and the same prop wood, Waynesburg, and Wilnot, all in and served April 28, 1966, finds that the erty over a pertinent service route as fol Stark County, Ohio, as offroute points in present and future public convenience lows: From Portland, Oreg., over Inter conjunction with applicant’s regular- and necessity require operation by ap state Highway 5 to junction U.S. High route operations at Alliance and Canton, plicant, in interstate or foreign com way 99E (North Salem Junction), thence Ohio, subject to the restriction that the merce, as a common carrier by motor ve over U.S. Highway 99E to junction Inter service so authorized shall be for the pur hicle, over irregular routes, of dimethyl state Highway 5, thence over Interstate pose of joinder only with carriers' exist terephthalate and terephthalic acid, Highway 5 to Albany, Oreg., thence over ing authority to transport general com other than in bulk, from the plantsite of US. Highway 99E to Junction City, modities, with usual exceptions, and that Amoco Chemicals Corp., at or near Deca Oreg., thence over U.S. Highway 99 to service authorized herein shall be for the tur, Ala., to points in Georgia, Illinois, Eugene, Oreg., thence over Interstate purpose of interchange of traffic. Indiana, Mississippi, North Carolina, Highway 5 to Canyonville, Oreg., thence An order of the Commission, Operating Ohio, Kentucky, South Carolina, Tennes over US. Highway 99 to Rock Point, Rights Board No. 1, dated May 16, 1966, see, Virginia, and West Virginia; that Oreg., thence over Interstate Highway 5 and served May 24, 1966, finds that the applicant is fit, willing, and able properly to junction U.S. Highway 99 (Seven present and future public convenience to perform such service and to conform Oaks), thence over U S. Highway 99 to and necessity require operation by ap to the requirements ,of the Interstate junction Interstate Highway 5 (South plicant, in interstate or foreign com Commerce Act and the Commission’s Ashland Junction), thence over Inter merce, as a common carrier by motor rules and regulations thereunder. Be state Highway 5 to Siskiyou, Oreg., vehicle, of general commodities (except cause it is possible that other parties, tttence oyer U.S. Highway 99 to Oregon- those of unusual value, classes A and B who have relied upon the notice of the California State line (connects with Cali explosives, household goods as defined application as published, may have an fornia Route 41). by the Commission, commodities in bulk, interest in and would be prejudiced by and those requiring special equipment), the lack of proper notice of the author By the Commission. serving Canal Fulton, Minerva, Navarre, ity described in the findings in this order, [seal] h . N eil Garson, N. Lawrence, Magnolia, and Waynes a notice of the authority actually granted burg, Ohio, as off-route points in will be published in the F ederal R egister Secretary. connection with applicant’s otherwise and issuance of a certificate in this [P R . Doc. 66-6298; Piled, June 7. 1966; authorized regular-route operations, re proceeding will be withheld for a period 8:50 a.m.| stricted to the transportation of traffic of 30 days from the date of such pub- FEDERAL REGISTER, VOL. 31, NO. 110— WEDNESDAY, JUNE 8, 1966 8102 NOTICES lication, during which period any proper cessories, pet tonics, and pet insecticides as a, common carrier by motor vehicle, party in interest may file an appropriate (except commodities in bulk), from Har over irregular routes, of sodium phos protest or other pleading. N ote: The rison and Bloomfield, N.J., to the Dis phate, in bulk, in hopper type vehicles, purpose of this corrected republication is trict of Columbia, Baltimore, Md., points from Long Beach, Calif., to St. Louis, to show applicant’s correct name and in Connecticut, Delaware, Maine, Mas Mo.; that applicant is fit, willing, and representative. sachusetts, New Hampshire, Rhode Is able properly to perform such service and No. MC 123615 (Sub-No. 4) (Repub land, Vermont, points in Albany, Bronx, to conform to the requirements of the In lication), filed October 27, 1965, pub Broome, Cayuga, Chemung, Chenango, terstate Commerce Act and the Commis lished F ederal R egister issue of Novem Columbia, Cortland, Delaware, Dutchess, sion’s rules and regulations thereunder. ber 18, 1965, and republished, this issue. Fulton, Greene, Herkimer, Kings, Madi Because it is possible that other parties, Applicant: TRANSPET, INC., 36 Cooper son, Monroe, Montgomery, Nassau, New who have relied upon the notice of the Square, New York, N.Y. Applicant’s rep York, Oneida, Onondaga, Orange, Os application as published, may have an resentative: A. David Millner, 1060 Broad wego, Otsego, Putnam, Queens, Rens interest in and would be prejudiced by Street, Newark, N.J., 07102. By applica selaer, Richmond, Rockland, Saratoga, the lack of proper notice of the authority tion filed October 27, 1965, as amended, Schenectady, Schoharie, Schuyler, Suf described in the findings in this order, a applicant seeks a permit authorizing op folk, Sullivan, Tioga, Tompkins, Ulster, notice of the authority actually granted eration, in interstate or foreign com Washington, Wayne, and Westchester will be published in the F ederal R egister merce as a contract carrier by motor Counties, N.Y., points in Berks, Bucks, and issuance of a certificate in this pro vehicle, over irregular routes, of pet sup Carbon, Chester, Columbia, Dauphin, ceeding will be withheld for a period of plies, pet foods, pet accessories, pet Delaware, Lackawanna, Lancaster, Leb 30 days from the date of such publica tonics, and insecticides, except in bulk, anon, Lehigh, Luzerne, Monroe, Mont tion, during which period any proper from Harrison and Bloomfield, N.J., to gomery, Northampton, Northumberland, party in interest may file an appropriate points in Connecticut, Delaware, the Dis Philadelphia, Pike, Schuylkill, and York protest or other pleading. trict of Columbia, Maine, Massachusetts, Counties, Pa., and points in Anne Arun No. MC 126705 (Sub-No. 3) (Repub New Hampshire, Rhode Island, Vermont, del, Baltimore, Caroline, Carroll, Fred lication) filed July 1, 1965, published points in Albany, Bronx, Broome, Cayuga, erick, Harford, Howard, Kent, Mont F ederal R egister issue of July 29, 1965, Chemung, Chenango, Columbia, Cort gomery, Prince Georges, Queen Annes, and republished, this issue. Applicant: land, Delaware, Dutchess, F u 11 o n, and Talbot Counties, Md., and (2) re CLIFFORD N. ROOK, doing business as Greene, Herkimer, Kings, Madison, Mon turned shipments of the commodities CLIFFORD ROOK & SONS, R.F.D. No. 1, roe, Montgomery, Nassau, New York, specified above from the above described Allenton, Wis. Applicant’s representa Oneida, Onondaga, Orange, Oswego, destination points to Harrison and tive: Roger W. McKenna, Kewaskum, Otsego, Putnam, Queens, Rensselaer Bloomfield, N.J., will be consistent with Wis. By application, as amended, filed Richmond, Rockland, Saratoga, Sche the public interest and the national July 1,1965, applicant seeks a permit au nectady, Schoharie, Schuyler, Suffolk, transportation policy; and that a permit thorizing operation, in interstate or for Sullivan, Tioga, Tompkins, Ulster, Wash should be issued, after the elapse of 30 eign commerce, as a contract carrier by ington, Wayne, and Westchester Coun days from the date of republication in motor vehicle, over irregular routes, of ties, N.Y., points in Berks, Bucks, Carbon, the F ederal R egister of the authority stone, in dump vehicles or dump trucks, Chester, Columbia, Dauphin, Delaware, granted, and any proper party in in from Oakfield, Wis., and points within 10 Lackawanna, Lancaster, Lebanon, Le terest may file a petition for further miles thereof, to points in Illinois on and high, Luzerne, Monroe, Montgomery, hearing within 30 days of the date of such north of U.S. Highway 36, under a con Northampton, Northumberland, Phila republication. tinuing contract with Oak Stone Co. A delphia, Pike, Schuylkill, and York Coun No. MC 125417 (Sub-No. 6) (Republi Report and Order of the Commission, ties, Pa., and points in Anne Arundel, cation) , filed November 1,1965, published served April 15,1966, which became effec Baltimore, Caroline, Carroll, Frederick, F ederal R egister issue of November 18, tive May 16,1966, finds that operation by Harford, Howard, Kent, Montgomery, 1965, and republished, this issue. Ap applicant, in interstate or foreign com Prince Georges, Queen Annes, and Talbot plicant: BULK FREIGHTWAYS, 8332 merce, as a contract carrier by motor Counties, Md., and returned, rejected, Wilcox Avenue, South Gate, Calif. Ap vehicle, over irregular routes, of stone, and damaged merchandise, on return, plicant’s representative: Warren N. in dump vehicles, from points in Dodge restricted to service under contract with Grossman, 740 Roosevelt Building, 727 County, Wis., north and east of Wiscon Aquarium Supply Co. (division of Stemco West Seventh Street, Los Angeles 17, sin Highway 33 and south and east of Industries, Inc.), Long Life Fish Products Calif. By application filed November 1, Wisconsin Highway 68, and in Fond du (division of Stemco Industries, Inc.), 1965, applicant seeks a certificate of pub Lac County, Wis., south and east of a Pet Needs, Inc., Hartz Mountain Prod lic convenience and necessity authorizing line formed by Wisconsin Highways 49, ucts Corp., and Sternco Industries, Inc. operation, in interstate or foreign com 23, and 26, and south of Wisconsin High The application was referred to Ex merce, as a common carrier by motor way 149, to points in Illinois on and north aminer Kenneth A. Jennings for hear vehicle, over irregular routes, of sodium of U.S. Highway 36, under a continuing ing and the recommendation of an ap phosphate, in bulk, in hopper type equip contract with Oak Stone Co., will be con propriate order thereon. Hearing was ment, from Los Angeles, Calif., to points sistent with the public interest and the held on March 24, 1966, at New York, in the St. Louis, Mo.-East St. Louis, 111., nation transportation policy. It further N.Y. At the hearing, applicant moved commercial zone. By order of Operating finds that applicant is fit, willing, and to amend its application to include Balti Rights Board No. 1 entered herein on able properly to perform such service and more City as a destination point. A re April 22, 1966, applicant was granted au to conform to the requirements of the In port and recommended order of the Com thority to transport sodium phosphate, in terstate Commerce Act and the Commis mission, served April 25, 1966, which be bulk, in hopper tirpe vehicles, from Los sion’s rules and regulations thereunder, came effective May 16, 1966, finds that Angeles, Calif., to St. Louis, Mo. By let and that a permit be issued to applicant applicant is fit, willing, and able prop ter date May 3, 1966, applicant requests authorizing operation, in interstate or erly to perform the service of a con that the order entered herein be modified foreign commerce, as a contract carrier tract carrier by motor vehicle and to to authorize the transportation of the by motor vehicle of the commodities conform to the provisions of the Inter considered commodities from Long described, and in the manner described, state Commerce Act and with the lawful Beach, Calif., in lieu of the original origin in the findings in said report, subject to requirements, rules, and regulations of point of Los Angeles, Calif., inasmuch as prior publication in the F ederal Register the Commission thereunder, and that op the plant site of the supporting shipper is of the authority actually granted herein. eration, in interstate or foreign com located at Long Beach. A supplemental merce by applicant as a contract carrier order of the Commission, Operating N otice op F iling op P etition by motor vehicle, over irregular routes, Rights Board No. 1, dated May 16, 1966, No. MC 52743 (Notice of filing of peti under continuing contracts with Hartz and served May 27, 1966, finds that the tion for correction of certificate), filed Mountain Products Corp., Pet Needs, Inc., present and future public convenience April 8, 1966. Petitioner: MIA-Ml and Stemco Industries, Inc., transport and necessity require operation by appli TRANSPORTATION COMPANY, INC., ing (1) pet supplies, pet foods, pet ac cant, in interstate or foreign commerce, OF INDIANA, Cincinnati, Ohio. Peti- FEDERAL REGISTER, VOL. 31, NO. 110— WEDNESDAY, JUNE 8, 1966 NOTICES 8103 tionei’s representative: John P. McMa 27 to junction Michigan Highway 20, transportation of livestock. Vendee is hon* 100 East Broad Street, Columbus, thence along Michigan Highway 20 to authorized to operate as a common car Ohio, 43215. Petitioner states it is the Lake Michigan, thence along the shore of rier in Wisconsin, Minnesota, Illinois, holder of certificate No. MC 52743, is Lake Michigan to the Michigan-Indiana Indiana, Iowa, North Dakota, Kentucky, sued May 13, 1948, which reads, in part, State line and thence along the Mich Michigan, Missouri, Ohio, South Dakota, as follows: “General commodities, except igan-Indiana State line to points of be Pennsylvania, and Nebraska. Applica those of unusual value, classes A and B ginning ; iron and steel mill products (not tion has not been filed for temporary au explosives, household goods as defined by requiring special equipment, because of thority under section 210a(b). the Commission, commodities in bulk, size or weight), from Apollo, Pa., to No. MC-F-9436. Authority sought for commodities requiring special equip points in Michigan on and south of Mich purchase by PALMER BROTHERS, ment, and those injurious or contami igan Highway 20 from Lake Michigan to INCORPORATED, 1434 South Third nating to other lading, between Madi the junction of Michigan Highway 20 West, Salt Lake City, Utah, of the son, Ind., and Indianapolis, Ind., serving and U.S. Highway 27, and on and west operating rights and property of the intermediate and off-route points of of U.S. Highway 27 from said junction CHARLES TAYLOR, doing business as South Columbus, Elizabethtown, Scipio, to the Michigan-Indiana State line; and TAYLOR TRUCK LINE, 3626 South 350 Queensville, North Vernon, Vernon, Du forgings and castings, from South Haven, West, Bountiful, Utah, and for acquisi pont, Wirt, Pleasant Point, and North Mich., to Canton, Ohio. Vendee is au tion by ROBERT A. PALMER, 1160 Mill- Madison, Ind.: From Madison over Indi thorized to operate as a common carrier brook Way, Bountiful, Utah, and ana Highway 7 to Columbus, Ind., thence in Ohio, Indiana, Illinois, Michigan, LUTHER W. PALMER, 2995 East 3125 over U.S. Highway 31 to Indianapolis, Kentucky, Missouri, Iowa, Wisconsin, South, Salt Lake City, Utah, of con and return over the same route.” By Maine, New Hampshire, Vermont, New trol of such rights and property through the instant petition, petitioner requests York, Massachusetts, Rhode Island, the purchase. Applicants’ attorney: that the above-numbered certificate be Connecticut, Pennsylvania, New Jersey, Harry D. Pugsley, 600 El Paso Gas Build reissued and that the route description in Delaware, Maryland, West Virginia, Vir ing, Salt Lake City, Utah. Operating question be corrected to authorize serv ginia, North Carolina, South Carolina, rights sought to be transferred: Under a ice to the intermediate point of Colum Georgia, Florida, Alabama, Tennessee, certificate of registration in Docket No. bus, Ind., instead of South Columbus, Mississippi, Louisiana, Arkansas, Minne MC-58325, Sub 2, covering the trans Ind. Any interested person desiring to sota, Nebraska; Kansas, Oklahoma, Colo portation of commodities generally, as a participate may file an original and six rado, and the District of Columbia. Ap common carrier, in intrastate commerce, copies of his written representations, plication has not been filed for tempo in the State of Utah. Vendee is author views or argument in support of, or rary authority under section 21Qa(b). ized to operate as a common carrier in against the petition within 30 days from No. MC-F-9435. Authority sought for the State of Utah. Application has not the date of publication in the F e d e r a l purchase by BEAVER TRANSPORT CO., been filed for temporary authority under R e g is t e r . 100 South Calumet Street, Post Office section 210a(b). Box 339, Burlington, Wis., of a portion of No. MC-F-9437. Authority sought for Applications Under S ections 5 and the operating rights of ARVILLE control and merger by SIGNAL DE 210a(b) STONECIPHER and WILSON BRAN LIVERY SERVICE, INC., 5321 West The following applications are gov DENBURG, doing business as STEPRO Madison Street, Chicago, 111., 60644, of erned by the Interstate Commerce Com TRANSFER LINE, Corydon, Ind., and for the operating rights and property of mission’s special rules governing notice acquisition by QUALITY CARRIERS, H & M TRUCKING CO., INC., 2000 of filing of applications by motor car INC., and, in turn by ALLAN H. TOR- Kendall Street NE., Washington, D.C., riers of property or passengers under HORST and LELAND S. BARNEY, all of and for acquisition by LEASEWAY sections 5(a) and 210a(b) of the Inter 100 South Calumet Street, Burlington, TRANSPORTATION CORP., and, in state Commerce Act and certain other Wis., of control of such rights through turn by H. M. O’NEILL, F. J. O’NEILL, proceedings with respect thereto (49 the purchase. Applicant’s representa and W. J. O’NEILL, all of 21111 Chagrin CFR 1.240). tive: Fred H. Figge, 513 Lewis Street, Boulevard, Cleveland, Ohio, 44122, of Burlington, Wis., 53105. Operating control of such rights and property MOTOR CARRIERS OF PROPERTY rights sought to be transferred: General through the transaction. Applicants’ No. MC-F-9434. Authority sought for commodities, excepting, among others, attorneys: Ewald E. Kundtz, 1050 Union purchase by C. J. DAVIS, doing business household goods and commodities in Commerce Building, Cleveland, Ohio, as ST. LOUIS FREIGHT LINES, West bulk, as a common carrier, over regular 44115, and Roland Rice, 618 Perpetual Relief Highway, U.S. 20, Michigan City, routes, between Fredericksburg, Ind., and Building, Washington, D.C., 20004. Ind., of a portion of the operating rights Louisville, Ky., serving all intermediate Operating rights sought to be controlled of MICHIGAN EXPRESS, INC., 1122 points; general commodities, excepting, and merged: Such commodities, as are Freeman Avenue Southwest, Grand among others, commodities in bulk, but sold by retail stores, as a common carrier, Rapids, Mich., 49502. Applicants’ attor not excepting household goods, between over irregular routes, between points in ney and representative: Robert A. Sulli Corydon, Ind., and Louisville, Ky., serv the District of Columbia, between points van, 1800 Buhl Building, Detroit, Mich., ing the intermediate points of Lanes- in the Washington, D.C., commercial 48226, and C. J. Davis, 1000 Michigan ville, Edwardsville, and New Albany, Ind., zone, as defined by the Commission, on Avenue, St. Louis, Mich., 48880. Oper without restrictions, and the off-route the one hand, and, on the other, points ating rights sought to be transferred: points within 10 miles of Corydon, Ind., in Fairfax County, Va., Anne Arundel, Forgings and steel, as a common carrier, restricted to livestock and household Charles, Howard, and St. Marys Coun over irregular routes, between Muskegon, goods as defined by the Commission; ties, Md., and that part of Montgomery Muskegon Heights, Lansing, and East general commodities, excepting, among and Prince Georges Counties, Md., not Lansing, Mich., and points within 8 miles others, household goods and commodities included in said commercial zone, from of each, on the one hand, and, on the in bulk, over irregular routes, between Washington, D.C., to Alexandria, Va., other, points in that part of Ohio on and Louisville, Ky., on the one hand, and, and points in Arlington County, Va.; north of a line beginning at the Indiana- on the other, points in Floyd and Harri damaged or rejected shipments of the Ohio State line and extending along U.S. son Counties, Ind., south of a line com above-specified commodities, from Alex Highway 36 to Cadiz, Ohio, and thence mencing at New Albany, Ind., and ex andria, Va., and points in Arlington along U.S. Highway 22 to the Ohio- tending along U.S. Highway 460 to junc County, Va., to Washington, D.C. Appli West Virginia State line at Steubenville; tion Indiana Highway 64, and thence cants’ requests that the above operating metal and metal products, from Toledo, along Indiana Highway 64 to the Har- rights be restricted to the extent that no Ohio, and points in that' part of Ohio on rison-Crawford County line, except service be performed by SIGNAL DE and north of U.S. Highway 30 and on and Corydon, Lanesville, Grandall, New LIVERY SERVICE, INC., thereunder, to, east of Ohio Highway 13, to points in that Salisbury, and Corydon Junction, Ind. from, or between the stores or other part of Michigan bounded by a line be Restriction: The authority granted here places of business of Montgomery Ward aming at the Michigan-Indiana State in is restricted against service at points & Co., Inc., located within the zones and line and extending along U.S. Highway within 10 miles of Corydon, Irid., for the areas described in said operating rights. FEDERAL REGISTER, VOL. 31, NO. 110— WEDNESDAY, JUNE 8, 1966 8104 NOTICES SIGNAL DELIVERY SERVICE, INC., is Seventh Avenue, New York, N.Y; Oper the F ederal R egister f issue of April 20, authorized to operate as a contract car ating rights sought to be transferred; 1966, which became effective May 20, rier in Rlinois, Indiana, and Michigan. General commodities, excepting, among 1966. • • :i ,V Application has not been filed for tem others, household goods and commodities The publications hereinafter set forth porary authority under section 210a(b). in bulk, as a common carrier, over irreg reflect the scope of the applications as No. MC-F-9438. Authority sought for ular routes,'between points in the New filed by applicant, and may include de purchase by ST. MARYS TRUCKING York, N.Y., commercial zone, as defined scriptions, restrictions, or limitations CO., INC., St. Marys, Ohio, of a portion by the Commission, between points in the which are not in a form acceptable to of the operating rights of WABASH New York, N.Y., commercial zone, as de the Commission. Authority which ulti VALLEY TRUCKING, INC., Brazil, Clay fined by the Commission, on the one mately may be granted as a result of the County, Ind., and for acquisition by LEO hand, and, on the other, points in Ber applications here noticed will not nec W. BRINGWALD and MILDRED M. gen, Essex, Hudson, Middlesex, Morris, essarily reflect the phraseology set forth BRINGWALD, both of 1622 Ritterskamp Passaic, Somerset, and Union Counties, in the application as filed, but also will Avenue, Vincennes, Ind., of control of N.J., and Westchester and Nassau Coun eliminate-any restrictions which are not such rights through the purchase. Ap ties, N.Y-. Vendee is authorized to oper acceptable to the Commission. plicants’ representative: W. L. Jordon, ate as a common carrier in Connecticut, 201 Merchants Savings Building, Terre New York, Massachusetts, New Jersey, Applications Assigned for Oral H earing Haute, Ind. Operating rights sought to and Pennsylvania. Application has not MOTOR CARRIERS OF PROPERTY be transferred: Waste paper, as a com been filed for temporary authority un mon carrier, over irregular routes, from der section 210a(b). Note: See also re The applications immediately follow Chicago, 111., to Terre Haute, Ind. lated applications in Docket Nos. MC-F- ing are assigned for hearing at the time Vendee is authorized to operate as a 9439 (UNITED HAULAGE CO., INC.— and place designated in the notice of common carrier in Indiana, Ohio, Illi Purchase (Portion)—PROMPT MOTOR filing as here published in each proceed nois, and West Virginia. Application has LINES, INC.), and MC-F-9441 (FRIED ing. All of the proceedings are subject not been filed for temporary authority MAN’S EXPRESS, INC.—Purchase (Por to the special rules of procedure for hear upder section 210a(b). N ote: If a hear tion)—THE EL DORADO TRANSPOR ing outlined below: ing is deemed necessary, Applicants re TATION CO., INC.) , published this same Special rules of procedure for hearing. quest such a hearing be held at Colum issue. (1) All of the testimony to be adduced bus, Ohio. No. MC-F-9441. Authority sought for. by applicant’s company witnesses shall No. MC-F-9439. Authority sought for purchase by FRIEDMAN’S EXPRESS, be in the form of written statements purchase by UNITED HAULAGE CO., INC., 220 Conyngham Avenue, Wilkes which shall be submitted at the hearing INC., 11-22 Welling Court, Long Island Barre, Pa., of a portion of the operating at the time and place indicated. City (Queens), N.Y., of a portion of the rights of THE EL DORADO TRANS (2) All of the written statements by operating rights of PROMPT MOTOR PORTATION COMPANY, INCORPO applicant’s company witnesses shall be LINES, INC., 448 Ninth Avenue, New RATED, 1718 Boston Post Road, Milford, offered in evidence at the hearing in the York, N.Y., and for acquisition by HER Conn. Applicants’ attorneys: Edward same manner as any other type of evi- BERT MINTZER and LAWRENCE Nehez, 10 East 40 Street, New York, N.Y., dence. The witnesses submitting the SCHWARTZ, both also of Long Island Koenig, Siskind, and Drabkin, 84 William written statements shall be made avail City, N.Y., of control of such rights Street, New York, N.Y., 10038, and Bowes able at the hearing for cross-examina through the purchase. Applicants’ at and Millner, 1060 Broad Street, Newark, tion, if such becomes necessary. torneys: Schindel and Cooper, 450 Sev N.J.; 07102. Operating rights sought to (3) The written statements by appli enth Avenue, New York, N.Y., 10001, and be transferred: General commodities, cant’s company witnesses, if received in Bowes and Millner, 1060 Broad Street, excepting among others, household goods evidence, will be accepted as exhibits. Newark, N.J., 07102. Operating rights and commodities in bulk, as a common To the extent the written statements re sought to be transferred: General com carrier, over irregular routes, between fer to attached documents such as copies modities, excepting, among others, Newark, Elizabeth, Irvington, and Har of operating authority, etc., they should household goods and commodities in rison, N.J., on the one hand, and, on the be referred to in written statement as bulk, as a common carrier, over irregu other, New York, N.Y., and points in numbered appendices thereto. lar routes, between points in the New Westchester and Nassau Counties, N.Y. York, N.Y., commercial zone, as defined (4) The admissibility of the evidence Vendee is authorized to operate as a com contained in the written statements and by the Commission, on the one hand, and, mon carrier in New York, Pennsylvania, on the other, points in Suffolk County, the appendices thereto, will be at the and New Jersey. Application has not time of offer, subject to the same rules N.Y. Vendee is authorized to operate as been filed for temporary authority under a common carrier in New York and New as if the evidence were produced in the section 210a(b). N ote: See also related usual manner. Jersey. Application has not been filed applications in Docket Nos. MC-F-9439 for temporary authority under section (UNITED HAULAGE CO., INC.—Pur (5) Supplemental testimony by a wit 210a(b). N ote: See also related appli chase (Portion)—PROMPT MOTOR ness to correct errors or to supply in cations in Docket Nos. MC-F-9440 (THE LINES, INC.) , and MC-F-9440'(THE EL advertent omissions in his written state EL DORADO TRANSPORTATION CO., DORADO TRANSPORTATION CO., ment is permissible. INC.—Purchase (Portion) —PROMPT INC.—Purchase (Portion) —P R O M P T No. MC 123639 (Sub-No. 91), filed MOTOR LINES, INC.), and MC-F-9441 MOTOR LINES, INC.), published this May 18, 1966. Applicant: J. B. MONT (FRIEDMAN’S EXPRESS, INC.—Pur same issue. GOMERY, INC., 5150 Brighton Boule chase (Portion)—THE EL DORADO vard, Denver, Colo. Applicant’s repre TRANSPORTATION CO., INC.), pub By the Commission. sentative: James C. Hardman, Tower lished this same issue. [seal] - H. N eil Garson, Suite 3600, 33 North La Salle Street, No. MC-F-9440. Authority sought for Secretary. Chicago, 111., 60602. Authority sought purchase by THE EL DORADO TRANS to operate as a common carrier, by motor PORTATION COMPANY, INCORPO [F.R. Doc. 66-6299; Filed, June 7, 1966; vehicle, over irregular routes, transport RATED, 1718 Boston Post Road, Milford, 8:50 a.m.] ing: Meats, meat products, meat 'byprod Conn., of a portion of the operating ucts, and articles distributed by meat rights Of PROMPT MOTOR LINES, INC., packinghouses, as described in sections 448 Ninth Ave., New York, N.Y., and for [Notice 932] A and C of appendix I to the report in acquisition by JOHN MARINO, 517 Over MOTOR CARRIER APPLICATIONS AND Descriptions in Motor Carrier Certifi look Drive, Orange, Conn., and ANGELO CERTAIN OTHER PROCEEDINGS cates, 61 M.C.C.' 209 and 766 (except MARINO; 5 Grassland Road, Milford, animal hides and commodities in bulk, in Conn., of control of such rights through June 3,1966. tank vehicles), from points in Morgan the purchase. Applicants’ attorneys: The following publications are gov and Logan Counties, Colo., to points in Bowes & Millner, 1060 Broad Street, New erned by Special Rule l.247 of the Com Arizona, Nevada* Utah, California, Ore ark, N.J., 07102. and Hylan Cooper, 450 mission’s rules of practice, published in gon, and Washington. , FEDERAL REGISTER, VOL. 31, NO. 1 ] 0-—WEDNESDAY, JUNE 8, 1966 NOTICES 8105 HEARING: June 20, 1966, at the New terchanging freight at appropriate points ties, over the following routes in Arkan Court and Federal Building, 1961 Stout with other carriers, subject to the follow sas: State Highway 14, Junction U.S. Street, Denver, Colo., before Examiner ing restrictions. The service proposed Highway 63 to Batesville; State High Harry M. Shooman. herein is subject to the following con way 10, Little Rock to Perry; State ditions: No service shall be rendered in Highway 60, Arkansas River to Plain- By the Commission. the transportation of any package or view; State Highway 113, Junction State [seal] H. N eil Garson, article weighing more than 50 pounds. Highway 60 to Junction State Highway Secretary. No service shall be provided in the trans 10 (serving Fourche as off-route point); [F.R. Doc. 66-6300; Filed, June 7, 1966; portation of packages or articles weigh State Highway 7, Junction State High 8:50 a.m.j ing in the aggregate more than 100 way 60 to Ola; State Highway 28, Rover pounds from one consignor at one loca to Ola (serving Kingston as off-route tion on any one day. Newspapers, pot point); State Highway 27, Rover to Dan NOTICE OF FILING OF MOTOR CAR ted plants and cut flowers over the fol ville; State Highways 23 and 116, Boone- RIER INTRASTATE APPLICATIONS lowing routes: State Highways 259 and ville to Sanatorium. N ote: Applicant 237 and U.S. Highway 290 between La intends to tack with its presently cer J une 3, 1966. Grange and Brenham via Oldenburg and tificated routes at all common points of The following applications for motor Burton; over State Highway 36 between joinder and to serve all intermediate common carrier authority to operate in Brenham and Caldwell; State Highway points on routes sought. intrastate commerce seek concurrent 21 between Caldwell and Bryan; State HEARING: Thursday, June 16, 1966, motor carrier authorization in interstate Highway 6 between Bryan and Hearne. at 10 a.m„ Justice Building, Little Rock, or foreign commerce within the limits of HEARING: Application has not been Ark. Requests for procedural informa the intrastate authority sought, pursuant assigned for hearing. Contact should tion, including the time for filing pro to section 206(a) (6) of the Interstate be made with Railroad Commission of tests, concerning this application should Commerce Act, as amended October 15, Texas to determine date and place of be addressed to the Arkansas Commerce 1962. These applications are governed hearing. Requests for procedural in Commission, Justice Building, Little by Special Rule 1.245 of the Commis formation, including the time for filing Rock, Ark., 72201, and should not be di sion’s rules of practice, published in the protests, concerning this application rected to the Interstate Commerce F ederal R egister, issue of April 11,1963, should be addressed to the Railroad Com Commission. page 3533, which provides, among other mission of Texas, Austin, Tex., and State Docket No. 15787, filed May 25, things, that protests and requests for should not be directed to the Interstate 1966. Applicant: ROSS NEELY EX information concerning the time and Commerce Commission. PRESS, INC., 3691 5th Avenue North, place of State Commission hearings or State Docket No. 3506, filed May 20, Birmingham, Ala. Applicant’s repre other proceedings, any subsequent 1966. Applicant: THOMAS Q. JOHN sentative: John W. Cooper, 1301 City changes therein, and any other related SON, doing business as HAZARD EX Federal Building, Birmingham, Ala., matters shall be directed to the State PRESS, Hazard, Ky. Applicant’s repre 35203. Certificate of public convenience Commission with which the application sentatives: Julius Rather, 259 West Short and necessity sought to operate a freight is filed and shall not be addressed to or Street,' Lexington, Ky., and Catlett and service as follows: Transporting general filed with the Interstate Commerce Amato, McClure Building, Frankfort, Ky. commodities (except commodities in Commission. Certificate of public convenience and ne bulk, commodities requiring special State Docket No. 2709, filed March 29, cessity sought to operate a freight service equipment, commodities injurious to 1966. Applicant: BLUEBONNET EX as follows: transporting general com other lading, and high explosives), serv PRESS, INC., 5009 Rusk, Houston, Tex. modities, except classes A and B explo ing the plantsite of Macmillan, Bloedel, Applicant’s representative: Joe G. Fen sives, household goods, and commodities and Powell River Ltd., near Pine Hill, der, 2033 Norfolk Street, Houston, Tex. in bulk, over irregular routes, between Ala., as an off-route point to applicant’s Certificate of public convenience and Louisville, Jefferson County, Ky., and Alabama Highway 5 and U.S. Highway 43 necessity sought to operate a freight serv Lexington, Fayette County, Ky., serving routes. ice as follows: Transporting general com no intermediate points, from Louisville HEARING: Not known; modities, over the following routes in over Interstate Highway 64 to junction Requests for procedural information, Texas: U.S. Highway 90 between Hous of interstate Highway 64 and U.S. High including the time for filing protests, ton and Flatonia; State Highway 95 be way 60, near Frankfort, Ky., thence over concerning this application, should be tween Flatonia and Shiner; U.S. High U.S. Highway 60 to Lexington, and re addressed to the Secretary of the Ala way 90A between Shiner and Halletts turn over the same routes, as an exten bama Public Service Commission, Post ville; U.S. Highway 77 between Halletts- sion of applicant’s existing authority, but Office Box 991, Montgomery, Ala., 36102, ville and Schulenburg; U.S. Highway 90A restricted against the transportation of and should not be directed to the Inter between Houston and Hallettsville; U.S. traffic originating at, destined to, or in state Commerce Commission. Highway 77A between Hallettsville and terchanged at, Lexington, Ky., or Jen By the Commission. Quero; State Highway 72 between Quero kins, Ky., or their commercial areas as and Kennedy; State Highway 239 be defined by section 281.012(2) of the Ken [seal] H. N eil Garson, tween Kennedy and Goliad; U.S. High tucky Revised Statutes. Secretary. way 59 between Goliad and Victoria; HEARING: July 6, 1966, in the Offices [F.R. Doc. 66—6301; Filed, June 7, 1966; State Highway 71 between Columbus and of the Department of Motor Transporta 8:50 a.m.] Austin, restricted against transportation tion, Fourth Floor, State Office Build from Austin to Bastrop; State Highways ing, Frankfort, Ky. Requests for pro 259 and 237 and U.S. Highway 290 be cedural information, including the time FOURTH SECTION APPLICATIONS tween La Grange and Brenham via for-filing protests, concerning this appli FOR RELIEF Oldenburg and Burton; Over State High cation, should be addressed to Depart way 36 between Brenham and Caldwell; ment of Motor Transportation, State J une 3, 1966. State Highway 21 between Caldwell and Office Building, Frankfort, Ky., 40691, Protests to the granting of an ap Bryan; State Highway 6 between Bryan and should not be directed to the Inter plication must be prepared in accordance and Heame; U.S. Highway 59 between state Commerce Commission. with Rule 1.40 of the general rules of Houston and Nacogdoches; State High State Docket No. M-4019, filed May 25, practice (49 CFR 1.40) and filed within way 185 between Victoria and Seadrift; 1966. Applicant: ATLAS TRANSIT & 15 days from the date of publication of State Highways 238 and 316 between WAREHOUSE CO., INC., 14th and Geyer this notice in the F ederal R egister. Seadrift and Port Lavaca; State High Streets, Little Rock, Ark. Applicant’s ways 35 and 172 between Port Lavaca and representative: James N. Clay HI, 340 Long-and-S hort Haul Ganada, serving all intermediate points Sterick Building, Memphis, Tenn. Cer FSA No. 40518—Joint motor-rail along said routes and coordinating the tificate of public convenience and neces rates—Middlewest Motor Freight. Filed service with service presently being ren sity sought to operate a freight service as by Middlewest Motor Freight Bureau, dered under existing certificates and in follows: Transporting general commodi agent (No. 372), for interested carriers. No 110_____ Q FEDERAL REGISTER, VOL. 31, NO. 110— WEDNESDAY, JUNE 8, 1966 8106 NOTICES Rates on property moving on class and and Donald F. Sacco, a partnership, do eral commodities anywhere within the commodity rates over joint routes of ap ing business as Sacco Bros. Trucking Commonwealth of Massachusetts, over plicant rail and motor carriers, between Service, Wheeling, W. Va., authorizing irregular routes. points in Central States, middlewest and the transportation of: Slag, sand, gravel, No. MC-FC-68792. By order of May southwestern territories, on the one stone, dirt, cinders, paving brick, red 31, 1966, the Transfer Board approved hand, and points in Canada, on the dog, and bituminous road materials, from the transfer to Raymond A. Harsch, Inc., other. Martins Ferry, Ohio, to points in West Elmont, N.Y., of permit in No. MC- Grounds for relief—Motortruck com Virginia, and from Benwood and Holli 125778 (Sub-No. 1), issued November 6, petition. day’s Cove, W. Va., to points in Ohio 1964, to Raymond A. Harsch, Elmont, Tariff—Supplement 5 to Middlewest within 50 miles of Benwood, and points N.Y., authorizing the transportation of: Motor Freight Bureau, agent, tariff MF- in Ohio within 50 miles of Holliday’s Kitchen equipment as defined by the ICC 491. Cove; and coal, from Wellsburg, W. Va., Commission, kitchen cabinets, moldings, FSA No. 40519—Soybean cake or meal and points within 10 miles of Wellsburg, vanity cabinets, exhaust fans, garbage from points in Arkansas. Filed by to Toronto, Ohio, and points in Ohio disposal units, and parts, accessories and Southwestern Freight Bureau, agent (No. within 25 miles of Toronto. Ronald W. materials used in the installation and B-8861), for interested rail carriers. Kasserman, 900 Riley Law Building, assembly of the above-described com Rates on soybean cake or meal, in car Wheeling, W. Va., attorney for applicants. modities, from East Rockaway (Nassau loads, from points in Arkansas, to points No. MC-FC-68766. By order of May County), N.Y., to points in Connecticut, in southern territory. 31, 1966, the Transfer Board approved Delaware, Maryland, Massachusetts, Grounds for relief—Market competi the transfer to William Earnhardt, New Jersey, North Carolina, Pennsyl tion. doing business as Earnhardt Transport, vania, Rhode Island, Virginia, and the Tariffs—Supplements 10 and 7 to Post Office Box 376, 1315 South Main District of Columbia and returned ship Southwestern Freight Bureau, agent, Street, Salisbury, N.C., of the operating ments of the above-specified commodi tariffs ICC 4634 and 4673, respectively. rights in certificates Nos. MC-116622 and ties, under continuing contract with By the Commission. MC-116622 (Sub-No. 3) issued April 20, Whitehall Cabinets, Inc., of East Rock 1960, and April 6, 1961, to Southern Pine away, N.Y. Arthur J. Piken, 160-16 [seal] H. N eil Garson, Express, Inc., Route 2, Rockwell, N.C., Jamaica Avenue, Jamaica, N.Y., attor Secretary. authorizing the transportation of: Lum ney for applicants. [F.R. Doc. 66-6302; Filed, June 7, 1966; ber, and wooden pallets, between points No. MC—FC-68795. By order of May 8:50 a.m.] in North Carolina, Tennessee, Kentucky, 31, 1966, the Transfer Board approved Ohio, West Virginia, Virginia, and the transfer to William Kellett & Sons, [Notice 1360] Pennsylvania. Inc., Keansburg, N.J., of certificate in No. MC-FC-68767. By order of May No. MC-43328, issued May 7, 1942, to MOTOR CARRIER TRANSFER 31, 1966, the Transfer Board approved William H. A. Weber, Irvington, N.J., PROCEEDINGS the transfer to Alfred M. Flategraff, do authorizing the transportation of: ing business as Gardner Truck Line, Pine Household goods, over irregular routes, J une 3, 1966. River, Minn,, of the operating rights in between points and places, in Essex, Synopses of orders entered pursuant to certificates Nos. MC-1718 and MC-1718 Union, Hudson, Bergen, and Passaic section 212(b) of the Interstate Com (Sub-No. 9) issued October 10, 1962, and Counties, N.J., on the one hand, and, on merce Act, and rules and regulations pre November 1, 1965, to Henry O. Flate the other, points and places in New Jer scribed thereunder (49 CFR Part 179), graff and Alfred M. Flategraff, doing sey, New York, Pennsylvania, Connecti appear below: business as Gardner Truck Line, Pine cut, Rhode Island, and Massachusetts, As provided in the Commission’s spe River, Minn., authorizing the transpor machinery, over irregular routes, be cial rules of practice any interested per tation, of: Butter, wooden spools, reels, tween points and places in Essex, Union, son may file a petition seeking recon new stove and office fixtures, between Hudson, Bergen, and Passaic Counties, sideration of the following numbered points in Minnesota, Iowa, North Dakota, N.J., on the one hand, and, on the other, proceedings within 20 days from the date South Dakota, and Wisconsin. A. R. New York, N.Y., Easton and Philadel of publication of this notice. Pursuant Fowler, 2288 University Avenue, St. phia, Pa., and points and places in West to section 17(8) of the Interstate Com Paul, Minn., 55114, representative for chester and Nassau Counties, N.Y., and merce Act, the filing of such a petition applicants. electrical equipment, over irregular will postpone the effective date of the No. MC-FC-68791. By order of May routes, between Newark, N.J., and New order in that proceeding pending its dis 31, 1966, the Transfer Board approved York, N.Y. . Herman B. J. Weckstein, position. The matters relied upon by the transfer to Merrimack Motor Trans. 1060 Broad Street, Newark, N.J., attorney petitioners must be specified in their pe Co., Inc., 75 Sunset Road, Dracut, Mass., for transferee. Bernard F. Flynn, Jr., titions with particularity. of the certificate of registration No. MC- York-Flynn Building, East Blackwell No. MC-FC-68610. By order of May 85545 (Sub-No. 1), issued December 11, Street, Dover, N.J., attorney for trans 31, 1966, the Transfer Board approved 1963, to Ubald W. Bergeron, doing busi feror. the transfer to Sacco Bros. Truck Serv ice, Inc., Wheeling, W. Va., of the certifi ness as Merrimack Motor Trans., 118 [seal] H. N eil Garson, cate in No. MC-95495, issued April 25, Aiken Street, Lowell, Mass., evidencing Secretary. 1957, to Edward J. Sacco, Harold C. a right to engage in interstate or foreign [F.R. Doc. 66-6303; Filed, June 7, 1966; Sacco, William F. Sacco, James P. Sacco, commerce, in the transportation of: Gen 8:50 a.m.] FEDERAL REGISTER, VOL. 31, NO. 110— WEDNESDAY, JUNE 8, 1966 FEDERAL REGISTER 8107 CUMULATIVE LIST OF PARTS AFFECTED— JUNE The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published to date during June. Page Page 5 CFR 7 CFR—Continued Page 17 CFR 213------7733, 7734, 7959 P roposed R u l e s—C o n tin u e d 211— ______7821 ______7881 1076______:______7757 230— ______7738 1078 _ 7831 239 ______7738 1079 _ :______7831 240 ______7740 7 CFR 1090______r______7911 276______— 7821 28—...... ______7734 1094______»______7831 P roposed R ules: 701______7735,7814 1096______— 7831 270— _____ 7913 728______- ______7814 1097 ______7831 778______7997 1098 _ 7911 18 CFR 811...... ______7999 1099 _____ — _____ i 7758, 7831 1101 __— ______- 7911 101____ _—— 7897 845 ______7815 141_.______7897 893______7816 1102 _ 7831 1103 ______7831 201______7897 908______— ______7961 260______7897 910______7962r8045 1104______7831 911______— 1—.______7962 1106____ 7831 20 CFR 917— ______. 7963 1108______7831 602______7966 918______7735 1120______7831 P roposed R ules: 944______. 8000 1125 ______7757 405__:__ ___ 7864 1074______8000 1126 ______7831 1099______7963 1127______7831 21 CFR 1128 ______—______7831 120______7741 1421______7964,8000, 8003 1129 ______7831 ______— 7817 121—______8008, 8009 1483______1130 ______7831 130______8009 1486 ______— _ 7735 1131 ______—_ 7757 Proposed Rules: 1132 ______- ______22 CFR 7831 7741 51______7757 1133 ______— 7757, 7831 41____ — 1134 ______7757 42______7741 905______7971 1136 ______„______7757 994 __ ___ .______8021 24 CFR 1001 .... 1137 _____ 7757 ______7911 1138 ______7757 200______7743 1002______7911 221______7743 1003______7911 8 CFR 1004______7911 212______8045 25 CFR 1005 ______7911 214______8045 41 ______7744 1008______—____ 7911 236_____ 8045 42 ______&— ___ 7745 1009 ______7911 1011’ ______7911 9 CFR 26 CFR 1012 97— — ______8020 ______7911 l — ______7789 1013 ______7829,7911 10 CFR 1015 ______7911 31 CFR 1016_ 36_____ 7959 ______7911 40______—______— 7959 202——______7899 1031 ______7831 203______7899 1032 12 CFR 500______7745, 7899 1033______7911 1______8060 1034______204______8060 32 CFR 1035 _ 563______^...... 8004 i— — ______7807 1036______571______8004 3 _——— 7807 1038___ — 14 CFR 4 ______;______7810 1039______7 __ —— 7811 1040_____ 39______7735, 7881, 7882, 8045, 8046 1041______8 ______— 7812 71— ______7736, 7827, 8046, 8047 16______7814 1043__ __ 73=r______7736, 7827, 7882 1044____ 75______7736, 7827, 8047 30______7814 1045______97______7883, 7893, 8010, 8048 273______8007 1046...... P roposed R u l e s : 502______7966 1047_____ 21______8075 1250______8061 1048____ 47______8077 1049____ 71______7760-7762, 32A CFR 1051____ 7836, 7975-7977, 8025, 8077, 8078 OIA(Ch.X): 1061___ 73______—_ 7977 OI REG. 1_____ 7745 1062____ .75—s.______7762 1063___ 91______. ______8026 33 CFR 1064___ 93______, ______8078 1065___ 203______7827 1066__ 15 CFR 208—___ : _____ 7751 1067___ 230------— 7737, 7819, 7968 401______8062 1068__ P roposed R u l e s : 1069___ 9------7833 36 CFR 1070____ 16 CFR 251______7899 1071------7831 13— ------7960, 7961, 8058-8060 261______7902 1073------L t 15------7737, 7806 1074__ P roposed R u l e s : 38 CFR 1075------7757 45— ------„— ______U 7757 17_,____ L_____ 8064 8108 FEDERAL REGISTER 39 CFR Pag© 43 CFR— Continued Page 47 CFR—Continued Page 13______7752 P ublic Land O rders: P roposed R ules: 22_____ 7752 1______7837 4023______7969 21______7837 25______7752 4024...... 7969 23______7837 43______7752 4025______7969 73 ______7837, 7838, 8077-8081 74 ______7837, 8026 41 CFR 81______7837 45 CFR 4-1__ ___ 7819 87______7837 4-6______7819 801_____ 7755 89______7837 91______7837 4-50_____ 7902 46 CFR 93...... 7837 8 -1 _____ 7820 95______7837 8-2_____ 7820 202______— 8065 97 ______t i ...... 7837 101-15___ 7752 308_____ 7970 49 CFR 95______7806, 8064 42 CFR 47 CFR P roposed R ules: 57______7755 18______7821 170...... 7841 193...... 7911 76______7902 21______;______7822 73 ______7904, 8067, 8069-8073 50 CFR 43 CFR 74 _ 7822 3 2 „ — ...... — 7909, 8065 3120_____ 7806 91...... 7822 33______7756, 7910, 7970 PUBLIC PAPERS OF THE PRESIDENTS OF THE UNITED STATES Now available Lyndon B. Johnson 1963-64 Book I (November 22, 1963 to June 30, 1964) Price $6.75 Book II (July 1, 1964 to December 31, 1964) Price $7.00 Contents • Messages to the Congress • Public speeches and letters • The President’s news conferences • Radio and television reports to the American people • Remarks to informal groups Prior volumes Published by Prior volumes covering most of the Truman Office of the Federal Register administration and all of the Eisenhower and National Archives and Records Service Kennedy years are available at comparable General Services Administration prices from the Superintendent of Documents, O rder from Government Printing Office, Washington, D.C. Superintendent of Documents 20402. U.S. Government Printing Office Washington, D.C. 20402