Pages 2473-2535 A ) u t t ir a T I SCRIPTA I /Q* ( MÄHET I ^ '\J\ FEDERAL REGISTER 7 K . ' W r '*» x< VOLUME 29 “V , 1934 NUMBER 33 ^A/ITED * Washington, Saturday, February 15, ì 964 Contents THE PRESIDENT AIR FORCE DEPARTMENT FEDERAL COMMUNICATIONS Rules and Regulations COMMISSION Procurement; miscellaneous Proposed Rule Making PROCLAMATION amendments_____ ;______2494 National Safe Boating Week, 1964- 2475 Automatic relay stations; use with remote pickup broadcast sta­ EXECUTIVE ORDERS COMPTROLLER OF THE tions—— — ^______2510 Claimants and beneficiaries of CURRENCY Notices Veterans Administration and their attendants; allowance of Notices Show cause orders: Autry, Jerry Stephen------2514 travel expenses______2479 Decisions granting merger and consolidation applications; Ell wood, Richard B ______2515 Public policy against discrimina­ Goddard, Donald M______2515 tion on basis of age------2477 Western Pennsylvania National Bank and Beaver Comity H & H Property Maintenance, Trust Co______2513 Inc___ :______2516 Seaboard Citizens National Holt, Albert S ______2516 EXECUTIVE AGENCIES Bank of Norfolk and Farmers Hughes, Thomas J ______2516 Bank of Holland, Inc______2513 Johnson, Earl L.______2516 Quinn, Henry, et al__ ;______2517 AGRICULTURAL MARKETING DEFENSE DEPARTMENT Hearings, etc.: SERVICE Greaige, Robert L., et al______2517 See Air Force Department. Hamilton, Charles L., Sr., and Rules and Regulations Mildred B. Hamilton Cherries, red tart pitted; stand­ EMERGENCY PLANNING OFFICE (KBAB) ______2518 ards for grades: Notices Integrated Communication Sys­ Canned______;______2481 tems, Inc., of Massachusetts, Frozen______2483 Turner, H. C., Jr.; appointee’s et al_____ 1______2518 Fruit grown in Arizona and Cali­ statement of business interests. 2530 Jo h n sto n , Meredith Colon fornia; handling limitations: (WECP), and William How­ Lemons (2 documents)—------2486 FEDERAL AVIATION AGENCY ard Cole (WHOC)______2520 Navel oranges______—:— 2485 Rules and Regulations Marietta Broadcasting Co., Inc. Notices (WBIE) and Cobb County Control zone, control area exten­ Broadcasting Co______2520 Apples, fresh ; purchase program— 2513 sion, and transition area; alter­ Middlesex Broadcasting Co. Associate Administrator et al.; ation, revocation, and designa­ (WCNX)______q______2520 authority delegation------2513 tion ______2487 Pepino Broadcasters, Inc_____ 2520 Federal airway segments; revoca­ Roman, Raul Santiago.._____ 2520 tion ______i______2487 Rosenson, Alan H., et al. (2 doc­ AGRICULTURAL STABILIZATION Reporting points; alteration_____ 2488 uments) ______2521,2523 AND CONSERVATION SERVICE Transition area; alteration------2488 Spartan Radiocasting Co_____ 2524 Proposed Rule Making Springfield Television Broad­ Rules and Regulations Airworthiness directive; Lycoming casting Corp. et al______2524 Feed grain program, 1964 and VO-540 Series engines.______2509 FEDERAL POWER COMMISSION 1965; corn, grain sorghum, and Control zone; alteration______2505 wheat______- ______2485 Federal airways: Rules and Regulations Alterations (3 documents) _ 2505,2506 Electric utilities and licensees and Revocation------:------2506 natural gas companies; uniform AGRICULTURE DEPARTMENT Federal airway segments: system of accounts; expendi­ Designation______2508 tures for political purposes------2494 See also Agricultural Marketing Revocation (4 documents) _ 2507,2508 Proposed Rule Making Service; Agricultural Stabiliza­ Federal airways, segments, and tion and Conservation Service. transition area; alteration, rev­ Electric utilities and natural gas Notices ocation, and designation------2506 companies; annual reporting of research and development activ­ Designation of areas for emer­ Federal airways, transition area and reporting point; alteration ities______2512 gency loans: Natural gas companies; annual re­ Oklahoma.'______2513 and revocation______2507 ports of system flow diagrams.. 2512 Pennsylvania------2513 Jet routes and reporting points; Texas______2514 alteration and revocation------i 2509 {Continued on next page) 2473 2474 CONTENTS FEDERAL POWER COMMIS­ HEALTH, EDUCATION, AND PRESIDENT’S COMMITTEE ON SION— Continued WELFARE DEPARTMENT EQUAL EMPLOYMENT Notices See Pood and Drug Administra­ OPPORTUNITY tion; Public Health Service. Hearings, etc.: Notices Beta Development Co. et al.; Compliance reports; revision of correction______2526 INDIAN AFFAIRS BUREAU standard form 40 and extension Forgotson, James M., et al.; of time for filing------2531 correction______- 2526 Rules and Regulations Indiana Natural Gas Corp------2527 O p era tio n and maintenance Lario Oil & Gas Co______2527 charges; miscellaneous Indian Montana-Dakota Utilities Co— 2528 irrigation projects in Arizona, PUBLIC HEALTH SERVICE Pacific Gas and Electric Co------2528 Nevada, and Oregon------2494 Notices Pennzoil Co. et al------2529 Notices Licensed biological products^— 2514 Warren Petroleum Corp------2529 Washakie Public Domain Allot­ ments and Yakima Indian Res­ FEDERAL RESERVE SYSTEM ervation; transfer of land rec­ Notices ords to Portland Area Office 2513 SECURITIES AND EXCHANGE Rhode Island Hospital Trust Co.; COMMISSION approval of acquisition of bank’s assets______2530 INTERIOR DEPARTMENT Rules and Regulations See Indian Affairs Bureau; Land Guides for preparation and filing FEDERAL TRADE COMMISSION Management Bureau. of registration documents; in­ terpretative release______2490 Rules and Regulations Notices Prohibited trade practices : INTERSTATE COMMERCE Ideal Toy Corp------2490 Hearings, etc.: Motorola, Inc______2488 COMMISSION Alan-Randal Co., Inc------2531 Wilson Chemical Co., Inc., et al_ 2489 Notices American Insurance Co_— ------2531 Automata International, Inc_ 2532 Central Railroad Company of FOOD AND DRUG New Jersey; rerouting of traffic- 2533 ADMINISTRATION Fourth section applications for re lie f______2532 SMALL BUSINESS Proposed Rule Making Lehigh Valley Railroad; vacation Infection in chickens; nomencla­ of order______— 2533 ADMINISTRATION ture change; extension of time Rules and Regulations for filing comments______2505 LAND MANAGEMENT BUREAU Loan policy; disaster loans and GENERAL SERVICES guarantees------2486 Rules and Regulations ADMINISTRATION Oil and gas leases, and mineral Rules and Regulations deposits in acquired lands and TREASURY DEPARTMENT Public contracts; procurement under rights-of-way; miscel­ forms ...... - ...... - 2490 laneous amendments— ------2502 See Comptroller of the Currency. Codification Guide The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulative list of parts affected, covering the current month to date, appears at the end of each issue beginning with the second issue of the month. , .. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1, 1964, and specifies how they are affected.

3 CFR P roposed R u les: 25 CFR 71 [New] (12 documents) — 2505-2509 221______2494 P roclamation: 75 [New]______- 2509 3574...... 2475 507______'______2509 E xecutive Orders: 32 CFR 10816 (See EO 11142)...... 2479 1001 1003______— 2494-2496 16 CFR — 2499 10881 (See EO 11142)------2479 13 (3 documents)------2488-2490 1007______11141 _.—______2477 1019! _____ .¿ L — 2500 11142 ______A—...... — 2479 1014 ______—— 2500 4 7 CFR 1016------2501 231------2490 1054______2501 10R7 ______—_ 2502 7 CFR 18 CFR 52 (2 documents)______2481,2483 141______2494 41 CFR 775______-______2485 260______2494 ______2490 907______2485 6_16 ___ __ 910 (2 documents)______— 2486 P roposed R u les: | | | ' || _ § 141______2512 43 CFR 260 (2 documents)—------2512 1Q9 __ ___ 2502 13 CFR 200 2502 120______2486 21 CFR P roposed R u les: 47 CFR 121-______2505 14 CFR 146—1460______2505 P roposed R ules: HA ■ H U É 2510 71 [New] (4 documents)----- 2487,2488 146e______2505 Presidential Documents Title 3— THE PRESIDENT Proclamation 3574 NATIONAL SAFE BOATING WEEK, 1964 By the President of the United States of America A Proclamation W H ER EA S recreational boating has become a leading outdoor activity for millions of Americans who enjoy this healthful and relaxing use of leisure time ; and W H ER EA S education of the boating public in safe practices contributes to the enjoyment of the sport and reduces the likelihood of accidents ; and W H ER EA S continuing cooperation between organizations and individuals interested in boating is necessary to insure safe boating throughout the year ; and W H ER EA S thè Congress of the United States, in recognizing the need for emphasis on boating safety, by a joint resolution, approved June 4, 1958 (72 Stat. 179), has requested the President to proclaim annually the week which includes July 4 as National Safe Boating Weekr NOW, THEREFORE, I, LYNDON B. JOHNSON, PRESIDENT O F TH E U N ITED ST A T E S OF AM ERICA, do hereby designate the week beginning June 28,1964, as National Safe Boating Week. In furtherance of the objectives of this proclamation, I strongly urge that all individuals, boating organizations, the boating industry, and Government agencies, both State and Federal, dedicated to safer rec­ reational boating, publicize and observe National Safe Boating Week, and extend their effort throughout the year. I also invite the Governors of the States, the Commonwealth of Puerto Rico, and other areas subject to the jurisdiction of the United States to join in the observance of this Week in order to draw nation­ wide attention to the importance of safety in recreational boating. IN W ITN E SS W H ER EO F, I have hereunto set my hand and caused the Seal of the United States of America to be affixed. DONE at the City of Washington this twelfth day of February in the year of our Lord nineteen hundred and sixty-four, and [ s e a l ] of the Independence of the United States of America the one hundred and eighty-eighth. L yndon B. J ohnson By the President : D ean R u sk , Secretary oj State. [F.R. Doc. 64-1617 ; Filed, Feb. 14,1964 ; 10: 35 a.m.]

Saturday, February IS, 1964 FEDERAL REGISTER 2477

Executive Order 11141, DECLARING A PUBLIC POLICY AGAINST DISCRIMINATION ON THE BASIS OF AGE W H ER EA S the principle of equal employment opportunity is now an established policy of our Government and applies equally to all who wish to work and are capable of doing so; and W H ER EA S discrimination in employment because of age, except upon the basis of a bona, fid e occupational qualification, retirement plan, or statutory requirement, is inconsistent with that principle and with the social and economic objectives of our society; and W H ER EA S older workers are an indispensable source of produc­ tivity and experience which our Nation can ill afford to lose; and W HEREAS President Kennedy, mindful that maximum national growth depends on the utilization of all manpower resources, issued a memorandum on March 14, 1963, reaffirming the policy of the Executive Branch of the Government of hiring and promoting em­ ployees on the basis of merit alone and emphasizing the need to assure that older people are not discriminated against because of their age and receive fair and full consideration for employment and ad­ vancement in Federal employment; and W H ER EA S, to encourage and hasten the acceptance of the prin­ ciple of equal employment opportunity for older persons by all sectors of the economy, private and public, the Federal Government can and should provide maximum leadership in this regard T>y adopting that principle as an express policy of the Federal Government not only with respect to Federal employees but also with respect to persons employed by contractors and subcontractors engaged in the per­ formance of Federal contracts: NOW, T H E R E FO R E , by virtue of the authority vested in me by the Constitution and statutes of the United States and as President of the United States, I hereby declare that it is the policy of the Executive Branch of the Government that (1) contractors and subcontractors engaged in the performance of Federal contracts shall not, in connec­ tion with the employment, advancement, or discharge of employees, or in connection with the terms, conditions, or privileges of their employ­ ment, discriminate against persons because of their age except upon the basis of a bon a fid e occupational qualification, retirement plan, or statu­ tory requirement, and (2) that contractors and subcontractors, or per­ sons acting on their behalf, shall not specify, in solicitations or advertisements for employees to work on Government contracts, a fnaximum age limit for such employment unless the specified maximum age limit is based upon a bon a fid e occupational qualification, retire­ ment plan, or statutory requirement. The head of each department and agency shall take appropriate action to enunciate this policy, and to this end the Federal Procurement Regulations and the Armed Serv­ ices Procurement Regulation shall be amended by the insertion.therein of a statement giving continuous notice of the existence of the policy declared by this order. L y n Don B. J ohnson T h e W h it e H ouse, February 12,196J. [F.R. Doc. 64-1599; Filed, Feb. 13, 1964; 3:05 p.m.]

Saturday, February 15, 1964 FEDERAL REGISTER 2479 Executive Order 11142 PRESCRIBING REGULATIONS GOVERNING THE ALLOWANCE OF TRAVEL EXPENSES OF CLAIMANTS AND BENEFICIARIES OF THE VETERANS' ADMINISTRATION AND THEIR ATTENDANTS By virtue of the authority vested in me by Section 111 of Title 38 of the United States Code, it is hereby ordered as follows: S ection 1. The Administrator of Veterans’ Affairs may authorize or approve the payment of the actual necessary expenses of travel, including lodging and subsistence, of any claimant or beneficiary of the Veterans’ Administration traveling to or from a Veterans’ Admin­ istration facility, or other place, in connection with vocational rehabili­ tation or counseling, or for the purpose of examination, treatment, or care. The Administrator may authorize or approve such payment to the claimant or beneficiary, or, in his discretion, to the person who or the organization which has actually paid the expenses of such travel, including lodging and subsistence. S ec. 2. The Administrator of Veterans’ Affairs may authorize or approve in lieu of actual necessary expenses of travel, including lodg­ ing and subsistence, payment of an allowance of not more than five cents a mile to any claimant or beneficiary of the Veterans’ Adminis­ tration traveling to or from a Veterans’ Administration facility, or other place, in connection with vocational rehabilitation or counseling, or for the purpose of examination, treatment, or care. In addition to such mileage allowance, the Administrator may allow reimburse­ ment for the actual cost of ferry fares, and bridge, road, and tunnel tolls. In his discretion, the Administrator may authorize or approve such payment and such reimbursement to the person who or the or­ ganization which has actually paid the expenses of such travel, includ­ ing lodging and subsistence. The payment of mileage allowances and reimbursement for ferry fares, and bridge, road, and tunnel tolls in connection with vocational rehabilitation or counseling, or upon termination of examination, treatment, or care may be made prior to completion of such travel. S ec. 3. Whenever a claimant or beneficiary requires an attendant other than an employee of the Veterans’ Administration for the per­ formance of travel specified in Sections 1 and 2 hereof, the travel ex­ penses of such attendant may be allowed in the same manner and to the same extent that travel expenses are allowed to such claimant or beneficiary. S ec. 4. The Administrator of Veterans’ Affairs may prescribe such rules and regulations not inconsistent herewith as may be necessary to effectuate the provisions of this order. S ec. 5. Executive Order No. 10810 of April 22, 1959, and Executive Order No. 10881 of July 6,1960, are hereby superseded. L yndon B. J ohnson T h e W h it e H ouse, F eb ru a ry 12, 1964,. [F.R. Doc. 64-1600; Filed, Feb. 13,1964; 3: 06 p.m.] % Rules and Regulations

standards for processed fruits and vege­ (3) are fairly free from defects; (4) have Title 7— AGRICULTURE tables; and a fairly good character; (5) possess a (3) Scoring freedom from pits sepa­normal flavor; and (6) score not less Chapter I— Agricultural Marketing rately from other defects. than 80 points when scored in accord­ Service -(Standards, Inspections, After consideration of all relevant mat­ ance with the scoring system outlined in Marketing Practices), Department ters presented including the proposal set this subpart. There is no size require­ of Agriculture forth in the aforesaid notice, the follow­ ment for canned red tart pitted cherries ing United States Standards for Grades of this grade. PART 52— PROCESSED FRUITS AND of Canned Red Tart Cherries are hereby (c) “Substandard” is the quality of VEGETABLES, PROCESSED PROD­ promulgated pursuant to the authority canned red tart pitted cherries that fail UCTS THEREOF, AND CERTAIN contained in the Agricultural Marketing to meet any requirement of “U.S. OTHER PROCESSED FOOD PROD­ Act of 1946 (Secs. 202-208, 60 Stat. 1087, Grade C.” as amended; 7 U.S.C. 1621-1627). UCTS L iquid Media, F ill op Container, and I d en tity and G rades Drained W eights Subpart— United States Standards for Sec. § 52.773 Designations of liquid media Grades of Canned Red Tart Pitted 52.771 Identity. 52.772 Grades of canned red tart pitted and Brix measurements. Cherries 1 cherries. “Cut-out” requirements for packing A proposal to revise the United States L iquid M edia, F il l o f Con ta in er, and media are not incorporated in the grades Standards for Grades of Canned Red D rained W eig h ts of the finished product since sirup or Tart Pitted Cherries was published in 52.773 Designations of liquid media and any other packing medium, as such, is the F ederal R egister of May 10, 1963 Brix measurements. not a factor of quality for the purpose (28 F.R. 4718). In consideration of com­ 52.774 Recommended fill of container. of these grades. Canned red tart pitted ments and suggestions received indicat­ 52.775 Recommended drained weight. cherries are packed in the optional pack­ ing a need of further study by the pro­ F actors o f Qu a lity ing media referred to in the aforesaid ducing industry, a notice providing an 52.776 Ascertaining the grade of a sample standard of identity for canned cherries extension of time, until December 15, unit. and such packing media include, but are 1963, for the consideration of written 52.777 Ascertaining the rating for each fac­ not limited to, the following, which have data, views or arguments concerning the tor which is scored. the indicated “cut-out” Brix measure­ proposal of May 10, 1963, was published 52.778 Color. ment: in the F ederal R egister of July 3, 1963 52.779 Freedom from pits. Brix (28 F.R. 6835). 52.780 Freedom from defects. Designation of liquid media measurement Further study concerning the proposal 52.781 Character. “Extra heavy sirup”______28° or more but less than was made by the Department and the L ot Co m plian ce 45°. producing industry during the 1963 52.782 Ascertaining the grade of a lot. “Heavy sirup"______22° or more packing season. Additional data con­ but less than cerning the pitting of cherries tended to S core S h ee t 28°. substantiate the conclusions made by 52.783 Score sheet for canned red tart pitted “Light sirup"______18° or more the Department prior to the proposal of cherries. but less than May 10,1963. 2 2 °. Au t h o r it y : The provisions of this sub­ “Slightly sweetened water”_Less than 18°. Statement of consideration leading to part issued under secs. 202-208, 60 Stat. 1087, “Water” (water or any mixture of water and the revised standards. As a result of as amended; 7 U.S.C. 1621-1627. cherry juice). further study and in consideration of in­ dustry comments the number of score Identity and Grades § 52.774 Recommended fill of con­ points assigned to the factor of “char­ § 52.771 Identity. tainer. acter” has been decreased from 40 points The recommended fill of container is to 30 points. The points allocated to the “Canned red tart pitted cherries” not incorporated in the grades of the fin­ factor “freedom from defects” has been means the canned product prepared from ished product since fill of container, as increased from 20 points to 30 points. mature pitted cherries of the red sour such, is not a factor of quality for the The definition of a “pit” is retained as varietal group (Prunus cerasus), as such purpose of these grades. It is recom­ in the current standards. There are no product is defined in the standard of mended that each container of canned other substantive changes in these re­ identity for canned cherries (21 CFR red tart pitted cherries be filled as full vised standards from those proposed on 27.30), issued pursuant to the Federal as practicable without impairment of May 10, 1963. Some slight modification Food, Drug, and Cosmetic Act. quality and that the product and pack­ of wording is included for purposes of § 52.772 Grades of canned red tart ing medium occupy not less than 90 per­ clarification. pitted cherries. cent of the total capacity of the con­ The specific changes in the revised tainer. standards from those currently in effect (a) “U.S. Grade A” (or “U.S. Fancy”) are: is the quality of canned red tart pitted § 52.775 Recommended drained weight. (1) Reduced tolerance Jfor pits in cherries that (1) possess a good color; The drained weight recommendations Grade A from one pit for each 20 ounces (2) are practically free from pits; (3) in Table No. I of this subpart are not of net contents to an average of one pit are practically free from defects; (4) incorporated in the grades of the fin­ for each 40 ounces of drained cherries, have a good character; (5) possess a ished product since drained weight, as with a limitation as to the number of pits normal flavor; and (6) score not less such, is not a factor of quality for the permitted in any one sample unit; than 90 points when scored in accord­ purpose of these grades. The drained (2) Realigned score points to allow 10 ance with the scoring system outlined in weight of canned red tart pitted cherries points for each grade to conform to cur­ this subpart. Canned cherries of this is determined by emptying the contents rent practice in most other U.S. grade grade may contain not more than 5 per­ of the container upon a circular sieve of cent, by count, of cherries that are less proper diameter containing 8 meshes to 1 Compliance with the provisions of these than %6 inch in diameter. the inch (0.097-inch square openings) standards shall not excuse failure to comply (b) “U.S. Grade C” (or “U.S. Stand­ and allowing to drain for two minutes. A with the provisions of the Federal Food, Drug, ard”) is the quality of canned red tart sieve 8 inches in diameter is used for No. and Cosmetic Act or with applicable state pitted cherries that (1) possess a fairly 3 size cans (404 x 414) and smaller, and laws and regulations. good color; (2) are fairly free from pits; a sieve 12 inches in diameter is used No. 33 -2 2481 2482 RULES AND REGULATIONS for containers larger than the No. 3 the requirements of paragraph (b) of § 52.780 Freedom from defects. size can. this section may be given a score of 0 (a) G eneral. The factor of freedom to 15 points and shall not be graded above T able No. I—R ecommended D rained W eights of defects refers to the degree of free­ Substandard, regardless of the total score dom from harmless extraneous material, Overall Packed in for the product (this is a limiting rule). mutilated cherries, and cherries blem­ Container size dimensions Packed any sirup or designation in or “slightly § 52.779 Freedom from pits. ished by scab, hail injury, discoloration, water sweetened scar tissue, or by other means. Width Height water” (a) G eneral. The factor of freedom (1) “Cherry” means a whole cherry, from pits concerns the degree of freedom whether or not pitted, or portions of such Number Inches Inches Ounces Ounces from pits and pit fragments. cherries which in the aggregate approxi­ 3?ie 4M« 11.0 10.2 (b) Definitions. (1) A “pit,” for the 303 cylinder------3Me 59i# 14.4 13.1 mate the average size of the cherries. 3 7Ae 49i« 13.5 12.7 purposes of the allowances in this sec­ 7a 2 (2) “Harmless extraneous material” 10...... 6fis 7 74.0 tion, is a whole cherry pit or portions of means any vegetable substance (in­ pits computed as follows: cluding, but not being limited to, a leaf F actors op Quality (1) A single piece of pit shell, whether or a stem, and any portions thereof) or not within or attached to a whole that is harmless. § 52.776 Ascertaining the grade of a cherry, that is larger than one-half pit sample unit. (3) “Mutilated cherry” means a cherry shell is considered as one pit; that is so pitter-torn or damaged by (a) General. The grade of a sample (ii) A single piece of pit shell, whether other means that the entire pit cavity unit of canned red tart pitted cherries or not within or attached to a whole is exposed and the appearance of the is ascertained by considering the flavor cherry, that is not larger than one-half cherry is seriously affected. of the product and the requirement for pit shell is considered as one-half pit; (4) “Blemished cherry” means any size (in U.S. Grade A) which is not (iii) Pieces of pit shell, within or at­ cherry the skin of which is blemished to scored; the ratings for the factors of tached to a whole cherry, when their the extent that the aggregate blemished color, freedom from pits, freedom from combined size is larger than one-half pit area materially affects the appearance defects, and character which are scored; shell are considered as one pit; and of the cherry. The term “blemished the total score; and the limiting rules (iv) Pieces of pit shell, within or at­ cherry”valso means any cherry the flesh which may be applicable. tached to a whole cherry, when their of which is materially discolored. (b) Factors rated by score points. combined size is not larger than one-half (5) “Seriously blemished” means any The relative importance of each factor pit shell are considered as one-half pit. cherry blemished to the extent that the is expressed numerically on the scale of (2) “Drained cherries” means pitted appearance or eating quality is seriously 100. The maximum number of points cherries that have been drained of pack­ affected. that may be given each factor is: ing medium by the method prescribed (b) (A) classification. Canned red Factors: Points in this subpart. tart pitted cherries that are practically Color______------20 (c) (A) classification. Canned red free from defects may be given a score Freedom from pits------20 tart pitted cherries that are practically of 27 to 30 points. “Practically free from Freedom from defects______——- 30 free from pits may bev given a score of C h aracter------30 defects” means that there may be present 18 to 20 points. “Practically free from (1) not more than 1 piece of harmless Total score------100 pits” means that the number of pits that extraneous material for each 60 ounces may be present in the drained cherries of net contents; (2) not more than a (c) Definition of normal flavor. “Nor­ does not exceed the allowances for this total of 10 percent, by count, of the cher­ mal flavor” means that the flavor is classification as set forth in Table No. ries are mutilated cherries, blemished characteristic of canned red tart pitted II of this subpart. cherries, and seriously blemished cher­ cherries and that the product is free (d) (C) classification. If the Canned ries; and (3) not more than 4 percent, from objectionable flavors of any kind. red tart pitted cherries are fairly free by count, of all the cherries are seriously § 52.777 Ascertaining the rating for from pits a score of 16 or 17 points may blemished. each factor which is scored. be given. Canned red tart pitted cher­ (c) (C) classification. If the canned ries that fall into this classification shall The essential variations within each red tart pitted cherries are fairly free not be graded above U.S. Grade C, re­ from defects, a score of 24 to 26 points factor are so described that the value gardless of the total score for the product may be ascertained for each factor and may be given. Canned red tart pitted (this is a limiting rule). Canned red cherries that fall into this classification expressed numerically. The numerical tart pitted cherries are “fairly free from range for the rating of each factor is shall not be graded above U.S. Grade C, pits” if the number of pits (as defined) regardless of the total score for the prod­ inclusive (for example, “18 to 20 points” does not exceed the allowances for this uct (this is a limiting rule). “Fairly means 18, 19, or 20 points)! classification as set forth in Table n of free from defects” means that there may § 52.778 Color. this subpart. be present (1) not more than 1 piece (a) (A) classification. Canned red (e) (SStd.) classification. Canned red of harmless extraneous material for each tart pitted cherries that possess a good tart pitted cherries that fail to meet the 20 ounces of net contents; and (2) not color may be given a score of 18 to 20 requirements of paragraph (d) of this more than a total of 20 percent, by count, points. “Good color” means a practi­ section may be given a score of 0 to 15 of cherries that are mutilated, blemished, cally uniform color that is bright and points and shall not be graded above and seriously blemished cherries of which typical of canned red tart pitted cherries Substandard, regardless of the total not more than 15 percent, by count, of all which have been properly prepared and score for the product (this is a limiting cherries are blemished and/or seriously properly processed from properly ripened rule). blemished. ' cherries. T able No. II—M aximum P its P ermitted (d) (SStd.) classification. Canned (b) (C) classification. If the canned red tart pitted cherries that fail to meet In any 20 ounces of In total sample used the requirements of paragraph (c) of red tart pitted cherries possess a fairly Grade drained cherries used for this determination good color a score of 16 or 17 points for this determination (accumulated sample this section for any reason may be given may be given. Canned red tart pitted units) a score of 0 to 23 points and shall not eherries that fall into this classification be graded above Substandard, regardless shall not be graded above U.S. Grade A...... 2 pits (as defined). 1 pit (as defined) for of the total score for the product (this This same allow­ each 40 ounces of C, regardless of the total score for the ance applies to any drained cherries. is a limiting rule). product (this is a limiting rule). market container of less than 20 ounces § 52.781 Character. “Fairly good color” means a fairly uni­ of drained cherries. form color, typical of canned red tart (a) General. The factor of character C...... 3 pits or more * ...... 1 pit (as defined) for refers to the degree of ripeness and the pitted cherries which have been properly each 20 ounces of prepared and properly processed and drained cherries. physical characteristics of the flesh of which color may range from a brownish the cherries. (b) (A) classification. Canned red cast to mottled shades of brown. i Sample units falling into this classification for this reason may be considered as “deviants” with respect to tart pitted cherries that have a good (c) (SStd.) classification. Canned Grade A and allowed in accordance with section 52.782, red tart pitted cherries that fail to meet ascertaining the grade of a lot. character may be given a score of 27 to Saturday, February 15, 1964 FEDERAL REGISTER 2483

30 points. “Good character” means a ries which have been in effect since June hereby promulgated pursuant to the au­ firm, fleshy texture, typical of canned 23, 1949. thority contained in the Agricultural red tart pitted cherries which have been Dated: February 11, 1964. Marketing Act of 1946 (Secs. 202-208, properly prepared and properly processed 60 Stat. 1087, as amended; 7 U.S.C. from properly ripened cherries. G. R . G range, 1621-1627). (c) (C) classification. If the canned Deputy Administrator, red tart pitted cherries have a fairly Marketing Services. P roduct Desc r iptio n and G rades Sec. good character, a score of 24 to 26 points [F.R. Doc. 64—1534; Filed, Feb. 14, 1964; may be given. Canned red tart pitted 52.801 Product description. 8:48 am .] 52.802 Grades of frozen red tart pitted cherries that fall into this classification cherries. shall not be graded above U.S. Grade C, regardless of the total score for the prod­ PART 52— PROCESSED FRUITS AND F actors o f Qu a lity uct (this is a limiting rule). “Fairly VEGETABLES, PROCESSED PROD­ 52.803 Ascertaining the grade of a sample good character” means a fairly firm or UCTS THEREOF, AND CERTAIN unit. fairly fleshy texture but not soft, tough, 52.804 Ascertaining the rating for each fac­ very thin-fleshed, or leathery. OTHER PROCESSED FOOD PROD­ tor. UCTS 52.805 Color. (d) (SStd.) classification. Canned 52.806 Freedom from pits. red tart pitted cherries that fail to meet Subpart— United States Standards for 52.807 Freedom from defects. the requirements cf paragraph (c) of this 52.808 Character. section may be given a score of 0 to 23 Grades of Frozen Red Tart Pitted points and shall not be graded above Cherries 1 L ot Co m plian ce Substandard, regardless of the total score A proposal to revise the United States 52.809 Ascertaining the grade of a lot. for the product (this is a limiting rule). Standards for Grades of Frozen Red S core S h ee t L ot Compliance Tart Pitted Cherries was published in 52.810 Score sheet for frozen red tart pitted the F ederal R egister of May 10, 1963 cherries. § 52.782 Ascertaining the grade of a (28 F R . 4720).. In consideration of lot. comments and suggestions received in­ Au t h o r it y : The provisions of this subpart issued under secs. 202-208, 60 Stat. 1087, as The grade of a lot of canned red tart dicating a need of further study by the amended; 7 U.S.C. 1621-1627. pitted cherries covered by these stand­ producing industry, a notice providing an extension of time, until December 15, P roduct Description and Grades ards is determined by the procedures set 1963, for the consideration of written § 52.801 Product description. forth in the Regulations Governing In­ data, views or arguments concerning the spection and Certification of Processed proposal of May 10, 1963, was published Frozen red tart pitted cherries are pre­ Fruits and Vegetables, Processed Prod­ in the F ederal R egister of July 3, 1963 pared from properly ripened fruit of the ucts Thereof, and Certain Other Proc­ (28 F R . 6835). cherry tree of the red sour varietal group essed Food Products (§§ 52.1 to 52.87). Further study concerning the proposal (Prunus cerasus) ; are washed, pitted, was made by the Department and the and sorted; are properly drained before S core Sheet producing industry during the 1963 pack­ filling; may be packed with or without packing media; and are frozen and stored § 52.783 Score sheet for canned red tart ing season. Additional data concerning pitted cherries. the pitting of cherries tended to sub­ at temperatures necessary for the pres­ stantiate the conclusions made by the ervation of the product. Size and kind of container....______Department prior to the proposal of May § 52.802 Grades of frozen red tart pitted Container mark or identification..______10,1963. Label..______...______cherries. Net weight (ounces)______Statement of consideration leading to (a) “U.S. Grade A” (or “U.S. Fancy”) Vacuum (inches)___ ... ______^ ..j__ the revised standards. There are no Drained weight (ounces)..______... is the quality of frozen red tart pitted Sirup designation (extra heavy, heavy, etc.) substantive changes in these revised cherries that (1) possess a good red Brix measurement____ ^______,______standards from those proposed on May Size *...... i color; (2) are practically free from pits; 10, 1963. Some.slight modification of (3) are practically free from defects; (4) wording is included for purposes of clari­ Factors Score points have a good character; (5) possess a fication and the definition of a “pit” re­ normal flavor; and (6) score not less mains the same as in the current stand­ than 90 points when scored in accordance i(A) 18-20 ards. Color . . jjj.. 20 ((C) i 16-17 with the scoring system outlined in this USStd.) 1 0-15 The specific changes in the revised subpart. Pitted cherries of this grade standards from those currently in effect f(A) 18-20 may contain not more than 5 percent, by Freedom from pits__ d...... 20 ((C) 116-17 are: count, of cherries that are less than %6 l(SStd.) » 0-16 (1) Reduced tolerance for pits in Grade inch in diameter. A from one pit for each 20 ounces to an f(A) 27-30 (b) “U.S. Grade C” (or “U.S. Stand­ Freedom from defects...... 30 ((C) » 24-26 average of one pit for each 40 ounces with l(SStd.) » 0-23 ard”) is the quality of frozen red tart a limitation as to the number of pits per­ pitted cherries that (1) possess a reason­ f(A) 27-30 mitted in any one sample unit; ably good red color; (2) are fairly free Character...... 30 ((C) »24-26 (2) Realigned score points to allow 10 USStd.) »0-23 from pits; (3) are fairly free from de­ points for each grade to conform to cur­ fects; (4) have a fairly good character; Total score 100 rent practice in most other U.S. grade (5) possess a normal flavor; and (6) standards for processed fruits and vege­ score not less than 80 points when scored Normal flavor. tables; and Grade______in accordance with the scoring system (3) Scoring freedom from pits sepa­ outlined in this subpart. There is no rately from other defects. size requirement for cherries of this 1 Indicates lim itin g rule. After consideration of all relevant 2 See size limitation for U.S. Grade A or U.S. Fancy grade. only. matters presented including the proposal (c) “Substandard” is the quality of set forth in the aforesaid notice, the fol­ frozen red tart pitted cherries that fail The United States Standards for lowing United States Standards for to meet the requirements of U.S. Grade Grades of Canned Red Tart Pitted Cher­ Grades of Frozen Red Tart Cherries are C. ries (which is the sixth issue) contained F actors of Quality in the subpart shall become effective on 1 Compliance with the provisions of these standards shall not excuse failure to comply § 52.803 Ascertaining the grade of a June 15, 1964, and thereupon will super­ with the provisions of the Federal Food, sample unit. sede the United States Standards for Drug, and Cosmetic Act or with applicable (a) The grade of frozen red tart Grades of Canned Red Tart Pitted Cher­ state laws and regulations. pitted cherries is determined immediately 2484 RULES AND REGULATIONS after thawing to the extent that the § 52.806 Freedom from pits. mutilated cherries, and cherries blem­ cherries may be separated easily and the ished by scab, hail injury, discoloration, (a) G eneral. The factor of freedom scar tissue, or by other means. cherries are free from ice and solidified from pits concerns the degree of free­ packing media. The grade is deter­ (1) “Cherry” means a whole cherry, dom from pits and pit fragments. whether or not pitted, or portions of mined by considering in addition to the (b) Definitions. (1) A “pit” for the requirements of the respective grade (in­ such cherries which in the aggregate purpose of the allowances in this subpart approximate the average size of the cluding the requirement for size in U.S. is a whole pit or portions of pits computed Grade A) the respective ratings of the cherries. as follows: (2) “Harmless extraneous material” factors of color, pits, absence of defects, (1) A single piece of pit shell, whether the total score, and the limiting rules means any vegetable substance (includ­ or not within or attached to a whole ing, but not being limited to, a leaf or a which may be applicable. cherry, that is larger than one-half pit (b) The relative importance of each stem and any portions thereof) that is shell is considered as one pit; harmless. factor is expressed numerically on a scale (ii) A single piece bf pit shell, whether of 100. The maximum number of points (3) “Mutilated cherry” means a or not within or attached to a whole cherry that is so pitter-torn or damaged that may be given each factor is: cherry, that is not larger than one-half Factors: Points by other means that the entire pit cavity pit shell is considered as one-half pit; is exposed and the appearance of the Color ______30 (iii) Pieces of pit shell, within or at­ Freedom from p its ______20 cherry is seriously affected. tached to a whole cherry, when their (4) “Blemished cherry” means any Freedom from defects______20 combined size is larger than one-half pit Character______30 cherry the skin of which is blemished to shell are considered as one pit; and the extent that the aggregate area cov­ Total score______100 (iv) Pieces of pit shell, within or at­ tached to a whole cherry, when their ered by the blemishes exceeds the area (c) “Normal flavor” means that the of a circle % 2 inch in diameter and the combined size is not larger than one-half appearance of the cherry is materially flavor is characteristic of frozen red tart pit shell are considered as one-half pit. pitted cherries and that the product is (2) “Drained cherries” means pitted affected by such blemishes. The term free from objectionable flavors of any cherries that are substantially free from “blemished cherry” also means any kind. any adhering sirup, sugar or other pack­ cherry the flesh of which is materially discolored. § 52.804 Ascertaining the rating for ing medium. (c) (A) classification. Frozen red (5) “Seriously blemished” means any each factor. cherry blemished to the extent that the The essential variations within each tart pitted cherries that are practically free from pits may be given a score of 18 appearance or eating quality is seriously factor are so described that the value affected. may be ascertained for each factor and to 20 points. “Practically free from (b) (A) classification. Frozen red tart expressed numerically. The numerical pits” means that the number of pits that pitted cherries that are practically free range for the rating of each factor is in­ may be present in the drained cherries from defects may be given a score of 18 clusive (for example, “18 to 20 points” does not exceed the allowances for this to 20 points. “Practically free from means 18, 19, or 20 points). classification as set forth in Table I of defects” means that there may be present this section. (1) not more than 1 piece of harmless § 52.805 Color. (d) (C) ^classification. If the frozen extraneous material for each 60 ounces Ted tart pitted cherries are fairly free of net contents; (2) not more than a (a) (A) classification. Frozen red from pits a score of 16 or 17 may be tart pitted cherries that possess a good total of 10 percent, by count, of the cher­ given. Frozen red tart pitted cherries ries are mutilated cherries, blemished red color may be given a score of 27 to that fall into this classification shall not 30 points. “Good red color” means that cherries, and seriously blemished cher­ be graded above U.S. Grade C, regardless ries; and (3) not more than 4 percent, the frozen cherries possess a color that is of the total score for the product (this is bright and typical of properly ripened by count, of all the cherries are seriously a limiting rule). “Fairly free from pits” blemished. cherries and that is reasonably uniform means that the number of pits that may in that not more than 15 percent, by (c) (C) classification. If the frozen be present in the drained cherries does red tart pitted cherries are fairly free count, of cherries vary markedly from not exceed the allowances for this classi­ this color because of discoloration due from defects, a score of 16 or 17 points fication as set forth in table I of this may be given. Frozen red tart pitted to oxidation, improper processing, or section. other causes, or because of undercolored cherries that fall into this classification (e) (SStd.) classification. Frozen red shall not be graded above U.S. Grade C, cherries. tart pitted cherries that fail to meet the (b) (C) classification. If the frozen regardless of the total score for the requirement of paragraph (d) of this product (this is a limiting rule). “Fairly red tart pitted cherries possess a reason­ section may be given a score of 0 to 15 free from defects” means that there may ably good red color, a score of 24 to 26 points and shall not be graded above be present (1) not more than 1 piece of points may be given. Frozen red tart Substandard, regardless of the total harmless extraneous material for each pitted cherries that fall into this classi­ score of the product (this is a limiting 20-ounces of net contents; and (2) not fication shall not be graded above U.S. rule). more than a total of 20 percent, by count, Grade C, regardless of the total score for T able No. I—M aximum P its P ermitted of cherries that are mutilated, blem­ the product (this is a limiting rule). ished, and seriously blemished cherries “Reasonably good red color” means that In any 20 ounces of In total sample used of which not more than 15 percent, by Grade drained cherries used for this determination the frozen cherries possess a color that for this determination (accumulated sample count, of all cherries are blemished and is reasonably bright and typical of prop­ units) or seriously blemished. erly ripened cherries and that is fairly (d) (SStd.) classification. Frozen red A...... 2 pits (as defined). 1 pit (as defined) for tart pitted cherries that fail to meet the uniform in that not more than 25 per­ This same allow­ each 40 ounces of requirements of paragraph (c) of this cent, by count, of cherries vary markedly ance applies to any drained cherries. market container of section for any reason may be given a from this color because of discoloration less than 20 ounces score of 0 to 15 points and shall not be due to oxidation, improper processing, or of drained cherries. C...... 3 pits or more1_____ 1 pit (as defined) for graded above Substandard, regardless of other causes, or because of undercolored each 20 ounces of the total score for the product (this is a cherries. drained cherries. limiting rule). (c) (SStd.) classification. Frozen § 52.808 Character. red tart pitted cherries that fail to meet 1 A sample unit falling into this classification for this reason may be considered as a “ deviant” with respect to (a) General. The factor of character the requirements of paragraph (b) of grade A and allowed in accordance with § 52.809, ascer­ taining the grade of a lot. refers to the degree of ripeness of the this section may be given a score of 0 to cherries and the physical characteristics 23 points and shall not be graded above § 52.807 Freedom from defects. of the flesh of the cherries. Substandard, regardless of the total (a) General. The factor of freedom (b) (A) classification. Frozen red tart score for the product (this is a limiting from defects refers to the degree of free­ pitted cherries that have a good char­ rule). dom from harmless extraneous material, acter may be given a score of 27 to 30 Saturday, February 15, 1964 FEDERAL REGISTER 2485

points. “Good character” means a firm, Chapter VII— Agricultural Stabiliza­ tion, it is hereby found that the limita­ fleshy texture, typical of frozen red tart tion and Conservation Service tion of handling of such navel oranges pitted cherries which have been properly (Agricultural Adjustment), Depart­ as hereinafter provided will tend to ef­ prepared and properly processed from fectuate the declared policy of the act. properly ripened cherries. ment of Agriculture (2) It is hereby further found that (c) (C) classification. If the frozen SUBCHAPTER C— SPECIAL PROGRAMS it is impracticable and contrary to the red tart pitted cherries have a fairly public interest to give preliminary no­ good character, a score of 24 to 26 points [Arndt. 1] tice, engage in public rule-making pro­ may be given. Frozen red tart pitted PART 775— FEED GRAINS cedure, and postpone the effective date cherries that fall into this classification of this section until 30 days after pub­ shall not be graded above U.S. Grade C, Subpart— 1964 and 1965 Feed Grain lication hereof in the F ederal R egister regardless of the total score for the prod­ Program Regulations (5 U.S.C. 1001-1011) because the time uct (this is a limiting rule). “Fairly intervening between the date when in­ good character” means that the cherries M iscellaneous Amendments formation upon which this section is are fairly firm, fairly fleshy texture but based became available and the time are not soft, tough, very thin-fleshed, The regulations governing the 1964 and when this section must become effective or leathery in character. 1965 Feed Grain Programs, 29 F.R. 590, in order to effectuate the declared policy (d) (SStd.) classification. Frozen red are amended as follows: of the act is insufficient, and a reason­ tart pitted cherries that fail to meet 1. Section 775.302 (q) (2) is amended able time is permitted, under the cir­ the requirements of paragraph (c) of this by changing the corn and grain sorghum cumstances, for preparation for such section may be given a score of 0 to 23 disposal dates as follows: effective time; and good cause exists for points and shall not be graded above M inn esota making the provisions hereof effective Substandard, regardless of the total score as hereinafter set forth. The committee for the product (this is a limiting rule). August 1: All counties. held an open meeting during the current L ot Compliance North Carolina week, after giving due notice thereof, to July 15: All counties. consider supply and market conditions § 52.809 Ascertaining the, grade of a lot. for navel oranges and the need for regu­ The grade of a lot of frozen red tart - T en n e sse e lation; interested persons were afforded pitted cherries covered by these stand­ August 15: All counties. an opportunity to submit information ards is determined by the procedures set and views at this meeting; the recom­ forth in the Regulations Governing In­ 2. Section 775.310 is amended by mendation and supporting information spection and Certification of Processed changing the last sentence thereof to for regulation during the period specified Fruits and Vegetables, Processed Prod­ read as follows: “The number of acres of herein were promptly submitted to the ucts Thereof, and Certain Other Proc­ wheat produced in the current year in Department after such meeting was held; essed Food Products (§§52.1 through excess of the wheat allotment for the the provisions of this section, including 52.87). farm (but not to exceed the acres of its effective time, are identical with the S core S heet feed wheat included in the total feed aforesaid recommendation of the com­ grain base) shall be considered an acre­ mittee, and information concerning such § 52.810 Score sheet for frozen red tart age of feed grains.” provisions and effective time has been pitted cherries. Effective date: Upon publication in the disseminated among handlers of such navel oranges; it is necessary, in order Size and kind of container__ ; ___ k,...... F ederal R egister. Container mark or identification______to effectuate the declared policy of the Label (style of pack, ratio of fruit to sugar, etc., if shown). Signed at Washington, D.C., on Feb­ act, to make this section effective during Net weight (ounces)_____ ?,______ruary 11,1964. Size i.______... ______the period herein specified; and com­ H. D. Godfrey, pliance with this section will not require Administrator, ASCS. Factors Score points any special preparation on the part of [F.R. Doc. 64-1537; Filed, Feb. 14, 1964; persons subject hereto which cannot be completed on or before the effective date f (A) 27-30 8:49 am .] 30 \ (C) 2 24-26 hereof. Such committee meeting was [(SStd.) 2 0-23 held on February 13,1964. [ (A) 18-20 20 \ (C) 2 16-17 Chapter IX— Agricultural Marketing (b) Order. (1) The respective quan­ [(SStd.) s 0-15 tities of navel oranges grown in Arizona f (A) 18-20 Service (Marketing Agreements and 20 { (C) 2 16-17 and designated part of California which [(SStd.) 2 0-15 Orders; Fruits, Vegetables, Tree may be handled during the period be­ f (A) 27-30 Nuts), Department of Agriculture 30 ) (C) 2 24-26 ginning at 12:01 a.m., P.s.t., February 16, [(SStd.) 2 0-23 [Navel Orange Reg. 51] 1964, and ending at 12:01 a.m., P.s.t., 100 February 23, 1964, are hereby fixed as PART 907— NAVEL ORANGES follows: Normal flavor. GROWN IN ARIZONA AND DESIG­ (1) District 1: 725,000 cartons; Grade______NATED PART OF CALIFORNIA (ii) District2: 425,000cartons; (iii) District 3: Unlimited movement; 1 See size limitation for U.S. Grade A, only. Limitation of Handling 2 Indicates limiting rule. (iv) District 4: Unlimited movement. § 907.351 Navel Orange Regulation 51. (2) As used in this section, “handled,” The United States Standards for “District 1,” “District 2,” “District 3,” (a) Findings. (1) Pursuant to the Grades of Frozen Red Tart Pitted Cher­ “District 4,” and “carton” have the same ries (which is the third issue) contained marketing agreement, as amended, and Order No. 907, as amended (7 CFR Part meaning as when used in said amended in the subpart shall become effective on marketing agreement and order. June 15, 1964, and thereupon will super­ 907; 27 F.R. 10087), regulating the han­ sede the United States Standards for dling of navel oranges grown in Arizona (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. Grades of Frozen Red Tart Pitted Cher­ and designated part of California, effec­ 601-674) ries which have been in effect since June tive under the applicable provisions of 18,1949. the Agricultural Marketing Agreement Dated: February 14,1964. Act of 1937, as amended (7 U.S.C. 601- Dated: February 11,1964. 674), and upon the basis of the recom­ P aul A. Nicholson, G. R. Grange, mendations and information submitted Deputy Director, Fruit and Deputy Administrator, by the Navel Orange Administrative Vegetable Division, Agricul­ Marketing Services. Committee, established under the said tural Marketing Service. [F.R. Doc. 64-1535; Filed, Feb. 14, 1964; amended marketing agreement and or­ [F.R. Doc. 64-1620; Filed, Feb. 14, 1964; 8:48 am .] der, and upon other available informa­ 11:30 a.m.] 2486 RULES AND REGULATIONS

[Lemon Reg. 96, Amdt. 1 ] submitted by the Lemon Administrative Committee, established under the said Title 13— BUSINESS CREDIT PART 910— LEMONS GROWN IN amended marketing agreement and or­ CALIFORNIA AND ARIZONA der, and upon other available informa­ AND ASSISTANCE Limitation of Handling tion, it is hereby found that the limita­ Chapter I— Small Business tion of handling of such lemons as here­ Findings.... 1. Pursuant to the market­ inafter provided will tend to effectuate Administration ing agreement, as amended, and Order the declared policy of the act. [Rev. 2, Amdt. 1] No. 910, as amended (7 CFR Part 910; (2) It is hereby further found that it 27 F.R. 8346), regulating the handling is impracticable and contrary to the pub­ PART 120— LOAN POLICY of lemons grown in California and Ari­ lic interest to give preliminary notice, Disaster Loans and Guarantees zona, effective under the applicable pro­ engage in public rule-making procedure, visions of the Agricultural Marketing and postpone the effective date of this Public Law 88-264, approved February Agreement Act of 1937, as amended section until 30 days after publication 5, 1964, broadened the scope of SBA’s (7 Ü.S.C. 601-674), and upon the basis hereof in the F ederal R egister (5 Ufi.C. economic disaster programs for small of the recommendation and information 1001-1011) because the time intervening business concerns by adding other major submitted by the Lemon Administrative between the date when information upon disasters to the previously authorized ex­ Committee, established under the said which this section is based became avail­ cessive rainfall and drought disaster amended marketing agreement and able and the time when this section must programs. It also created a new disaster order, and upon other available informa­ become effective in order to effectuate program to assist small business concerns tion, it is hereby found that the limi­ the declared policy of the act is insuffi­ suffering substantial economic injury tation of handling of such lemons as cient, and a reasonable time is per­ from an inability to process or market ^ hereinafter provided will tend to effec­ mitted, under the circumstances, for product for human consumption because tuate the declared policy of the act. preparation for such effective time; and of disease or toxicity occurring in such 2. It is hereby further found that itgood cause exists for making the pro­ product through natural or undeter­ is impracticable and contrary to the visions hereof effective as hereinafter set mined 'causes. This amendment revises public interest to give preliminary notice, forth. The committee held an open the SBA Loan Policy in accord with the engage in public rule-making procedure, meeting during the current week, after new law. and postpone the effective date of this giving due notice thereof, to consider The Loan Policy Regulation, Revision 2 amendment until 30 days after publica­ supply and market conditions for lemons (13 CFR Part 120, 28 F.R. 6675) is hereby tion hereof in the F ederal R egister (5 and the need for regulation; interested amended by deleting § 120.3 in its en­ U.S.C. 1001-1011) because the time inter­ persons were afforded an opportunity to tirety and substituting the following in vening between the date when informa­ submit information and views at this lieu thereof: tion upon which this amendment is meeting; the recommendation and sup­ § 120.3 Disaster loans and guarantees. based became available and the time porting information for regulation dur­ when this amendment must become ef­ ing the period specified herein were (a) Scope of disaster assistance. Fi­ fective in order to effectuate the declared promptly submitted to the Department nancial assistance for disaster relief will policy of the act is insufficient, and this after such meeting was held; the pro­ be considered on an individual basis in amendment relieves restriction on the visions of this section, including its ef­ the light of circumstances of the appli­ handling of lemons grown in Califor­ fective time, are identical with the afore­ cant and of the particular disaster or nia and Arizona. said recommendation of the committee, business displacement. Such financial Order, as amended. The provisions and information concerning such pro­ assistance will be made as SBA deter­ in paragraph (b)(1) (ii) of §910.396 visions and effective time has been dis­ mines to be necessary or appropriate to (Lemon Regulation 96, 29 F.R. 2305) are seminated among handlers of such relieve the distress and hardships at­ hereby amended to read as follows: lemons; it is necessary, in order to ef­ tendant upon the disasters or business fectuate the declared policy of the act, displacement. Financial assistance may § 910.396 Lemon Regulation 96. to make this section effective during the be extended: * * * * * period herein specified; and compliance (1) To rehabilitate or replace property (b) * * * with this section will not require any damaged or lost as a result of disasters ( 1 ) * * * special preparation on the part of per­ declared by SBA, declarations of which (ii) District 2: 199,950 cartons. sons subject hereto which cannot be are published in the F ederal R egister, (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. completed on onbefore the effective date except that such financial assistance may 601-674) hereof. Such committee meeting was not be used to rehabilitate or replace held on February 11,1964. personal recreation or vacation homes, Dated: February 13,1954. (b) Order. (1) The respective quan­ cabins or similar facilities. However, if P aul A. Nicholson, tities of lemons grown in California and the property is primarily rental property Deputy Director, Fruit and Veg­ Arizona which may be handled during which is an important source of income etable Division, Agricultural the period beginning at 12:01 a.m., P.s.t., for the owner, a rehabilitation loan will Marketing Service. February 16, 1964, and ending at 12:01 be considered (Physical-Loss Disaster [P.R. Doc. 64-1585; Piled, Peb. 14, 1964; a.m., P.s.t., February 23, 1964, are here­ Assistance); 8:52 a.m.] by fixed as follows : (2) To a small-business concern lo­ (1) District 1: 7,440 cartons; cated in an area declared to be a major (ii) District2: 162,750cartons; disaster area by the President or de­ [Lemon Reg. 97] (iii) District 3: Unlimited movement. clared to be a natural disaster area by (2) As used in this section, “handled,” the Secretary of Agriculture or his desig­ PART 910— LEMONS GROWN IN “District 1,” “District 2.” “District 3,” nee, if SBA determines that the concern CALIFORNIA AND ARIZONA and “carton” have the same meaning as has suffered substantial economic injury Limitation of Handling when used in the said amended market­ as a result of such disaster (Substantial ing agreement and order. Economic Injury Assistance); § 910.397 Lemon Regulation 97. (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. (3) To assist in reestablishing the (a) Findings. (1) Pursuant to the 601-674) business of a small-business concern marketing agreement, as amended, and which has been displaced by a federally Order No. 910, as amended (7 CFR Part Dated: February 13,1964. aided urban renewal or highway con­ struction program or by any other con­ 910; 27 F.R. 8346), regulating the han­ P aul A. Nicholson, struction conducted by or with funds dling of lemons grown in California and Deputy Director, Fruit and Veg­ Arizona, effective under the applicable provided by the Federal Government, if etable Division, Agricultural SBA determines that the concern has provisions of the Agricultural Marketing Marketing Service. Agreement Act of 1937, as amended (7 suffered substantial economic injury as U.S.C. 601-674), and upon the basis of [P it. Doc. 64-1586; Plied, Peb. 14, 1964; a result of such displacement, except that the recommendation and information 8:52 a.m.] such financial assistance may not be Saturday, February 15, 1964 FEDERAL REGISTER 2487 made for replacement or rehabilitation of sions, for disaster loans shall not exceed Midway Island. homes or apartment houses (Displaced 20 years. That airspace extending upward from 700 Business Disaster Assistance); and (e) Participation limitations. SBA’s feet above the surface within a 10-nmi ra­ (4) To a small-business concern toshare of immediate participation disaster dius of NAS Midway (latitude 28°12'00" N., longitude 177°23'00" W .); and that airspace continue or reestablish its business if loans shall not exceed 90 percent of the extending upward from 1,200 feet above the SBA determines that the concern has loan. In guaranteed disaster loans the surface within a 100-nmi radius of NAS suffered substantial economic injury as a exposure of SBA under the guaranty may Midway. result of the inability of such concern to not exceed 90 percent of the unpaid process or market a product foi human principal balance and accrued interest. These amendments shall become effec­ consumption because of disease or toxic­ (f) Service fees. No service fees shall tive 0001 e.s.t., April 30, 1964. ity occurring in such product through be charged on disaster loans. (Secs. 307(a) and 1110, 72 Stat. 749 and 800; natural or undetermined causes (Prod­ 49 U.S.C. 1348 and 1510, and Executive Order E ugene P . F o ley, 10854, 24 F.R. 9565) uct Disaster Assistance). Administrator. (b) (1) Limitations on assistance. F ebruary 7, 1964. Issued in Washington, D.C., on Febru­ Farmers, stockmen, and others engaged ary 10, 1964. [F.R. Doc. 64r-1544; Filed, Feb. 14, 1964; primarily in agricultural activities are D. E . B arrow, not small-business concerns and, there­ 8:49 ajn.] Acting Chief, Airspace Regula­ fore, are ineligible for disaster assistance tions and Procedures Division. through SBA programs, except that, [F.R. Doc. 64-1494; Filed, Feb. 14, 1964; where the disaster area is located beyond 8:45 a.m.J the territorial jurisdiction of any other Title 14— AERONAUTICS AND Federal agency otherwise authorized to [Airspace Docket No. 63—CE-113] provide such assistance, such parties SPACE shall be eligible for Physical-Loss Dis­ PART 71— DESIGNATION OF FEDERAL aster Assistance. Chapter I— Federal Aviation Agency AIRWAYS, CONTROLLED AIRSPACE, (2) Religious, eleemosynary, and non­ SUBCHAPTER E— AIRSPACE [NEW] AND REPORTING POINTS [NEW] profit organizations are not small-busi­ [Airspace Docket No. 63-PC-16] ness concerns and, therefore, ineligible Revocation of Federal Airway for assistance except for Physical-Loss PART 71— DESIGNATION OF FEDERAL Segments Disaster Assistance. AIRWAYS, CONTROLLED AIRSPACE, On November 27,1963, a notice of pro­ (3) Disaster assistance may be ex­ AND REPORTING POINTS [NEW] posed rule making was published in the tended only to applicants determined by F ederal R egister (28 F.R. 12626) stating SBA to have suffered substantially the Alteration of Control Zone, Revocation that the Federal Aviation Agency was disaster loss; it will not be extended if of Control Area Extension and Des­ considering amendments to Part 71 SBA determines from the circumstances ignation of Transition Area [New] of the Federal Aviation Regula­ that the applicant assumed the loss or tions which would revoke VOR Federal possibility of loss from the disaster. On September 13, 1963, a notice of airway No. 13 west alternate from Neo­ Therefore, applicants shall not be eligible proposed rule making was published in sho, Mo., to Butler, Mo., VOR Federal where, for example, their concerns have the F ederal R egister (28 F.R. 9950) airway No. 71 west alternate from been acquired or established, or where a stating that the Federal Aviation Agency Springfield, Mo., to Butler, Mo., VOR substantial change of ownership therein (FAA) proposed to alter the Midway Is­ Federal airway No. 132 south alternate occurred, during or following a period of land control zone, revoke the Midway from Chanute, Kans., to Springfield and disaster or after approval of a federally Island control area extension and desig­ VOR Federal airway No. 205 west alter­ aided project, or where the property to nate the Midway Island transition area. nate from Springfield to Blue Springs, be rehabilitated has been acquired after Interested persons were afforded an Mo. the disaster. opportunity to participate in the rule- making through submission of com­ Interested persons were afforded an (4) If SBA determines that funds are opportunity to participate in the rule otherwise available without undue hard­ ments, but no comments were received. making through submission of com­ ship to a disaster victim, its principal Subsequent to the publication of the notice, the FAA found that during pub­ ments. All comments received were owners, shareholders or stockholders, favorable. SBA may require that such funds be ex­ lication, the coordinates for NAS Mid­ way were, in part, erroneously stated as In consideration of the foregoing, the pended prior to the expenditure of Fed­ following actions are taken: eral funds. longitude 177°22’00" W. instead of lon­ gitude 177°23’00" W. Accordingly, the Section 71.123 (29 F.R. 1009) is (c ) (1) Interest. Interest on SBA’si amended as follows: share of financial assistance, excluding corrected coordinate is stated herein. The substance of the proposed amend­ 1. In V-13 “Butler, Mo., including a W loans under the Displaced Business Dis­ alternate;” is deleted and “Butler, Mo.;” aster Assistance program, shall be at the ments having been published and for the reasons stated herein and in the no­ is substituted therefor. rate of 3 percent per annum. Where a 2. In V-71 “Butler, Mo., including a W disaster loan is made for th e acquisition tice, the following actions are taken: or construction (including acquisition of 1. In § 71.171 (29 F.R. 1101) , the Mid­ alternate via INT Springfield 301° and way Island control zone is amended to Butler 178° radials;” is deleted and site therefor) of housing for the personal “Butler, Mo.;” is substituted therefor. occupancy of the borrower, the interest read: rate on the entire loan shall be at the 3. In V-132 all after “Springfield, Mo., Midway Island. 276° radials;” is deleted and “to Spring- rate of 3 percent per annum.' Where a Within a 5-mile radius of NAS Midway field.” is substituted therefor. participating institution’s share of an (latitude 28*12'00" N., longitude 177°23'00" 4. In V-205 “via Blue Springs, Mo., immediate participation loan represents W .); within 2 miles each side of the Midway RBN 244* bearing, extending from the 5- including a W alternate via INT of complete conversion of a predisaster loan mile radius zone to 11 miles SW of the RBN; Springfield 316° and Blue Springs 178° made by such institution, the interest rate within 2 miles each ¿lde of the Midway radials;” is deleted and “via Blue on the participating institution’s share TACAN 232* radial, extending from the 5- Springs, Mo.;” is substituted therefor. rnile radius zone to 8 miles SW of the TACAN, may be at a rate accepted as reasonable These amendments shall become effec­ by SBA. and within 2 miles each side of the Midway TACAN 168° radial, extending from the 5- tive 0001 e.s.t., April 2,1964. (2) Interest on SBA’s share of financial mile radius zone to 8 miles S of the TACAN. (Sec. 307(a), 72 Stat. 749; 49 TT.S.C. 1348) assistance made under the Displaced Issued in Washington, D.C., on Feb­ Business Disaster program shall be at a 2. Section 71.165 (29 F.R. 1073) Is amended by revoking the following con­ ruary 6,1964. rate determined by SBA in conformity trol area extension: D. E . B arrow, with the statutory formula set forth in Midway Island. Acting Chief, Airspace Regula­ the Small Business Act, as amended. tions and Procedures Division. (d) Maturities. The maximum ma­ 3. Section 71.181 (29 F.R. 1160) Is [F.R. Doc. 64-1495; FUed, Feb. 14, 1964; turity, including renewals and exten­ amended by adding the following: 8:45 a.m.1 2488 RULES AND REGULATIONS

[Airspace Docket No. 63—WA—98] k. In Smelt INT: “area.” is deleted and (Sec. 307(a) and 1110, 72 Stat. 740 and 800; 49 U.S.C. 1348 and 1510, and Executive Order “area, at latitude 31*58' N., longitude 10854, 24 FJR. 9565) PART 71— DESIGNATION OF FEDERAL 77*00' W.” is substituted therefor. AIRWAYS, CONTROLLED AIRSPACE, l. In Trout INT: “area.” is deleted and Issued in Washington, D.C., on Feb­ AND REPORTING POINTS [NEW] “area, at latitude 30*23' N., longitude ruary 7,1964. 77*00* W.” is substituted therefor. D. E. B arrow, Alteration of Reporting Points m. In Tuna INT: “area.” is deleted and Acting Chief, Airspace Regula­ “area, at latitude 38*55' N., longitude tions and Procedures Division. The purpose of these amendments to 72*07' W.” is substituted therefor. §§ 71.209, 71.211, 71.213 and 71.215 of the n. In Viperfish INT: “RBN.” is deleted [F.R. Doc. 64-1496; Piled, Peb. 14, 1964; Federal Aviation Regulations is to in­ and “RBN, at latitude 28*14' N., longi­ 8:45 a.m.] clude geographical coordinates in the tude 88*51' N.” is substituted therefor. descriptions of certain off-shore report­ 2. In § 71.211 (27 F.R. 220-174, Novem­ [Airspace Docket No. 63-WE-80] ing points. ber 10, 1962, 28 F.R. 11727) the following It has been the practice of aeronau­ changes are made : PART 71— DESIGNATION OF FEDERAL tical chart producers to print on aero­ a. In Domestic Annette INT: “route.” AIRWAYS, CONTROLLED AIRSPACE, nautical charts, geographical coordinates is deleted and “route, at Lat. 54*15' N, AND REPORTING POINTS [NEW] for certain off-shore reporting points Long. 133*39' W.” is substituted therefor. even though they were not included in b. In Domestic Gustavus INT: “route.” Alteration of Transition Area the description. Since the Federal Avia­ is deleted and “route, at Lat. 56*58' N, tion Agency has not established official On November 28,1963, a notice of pro­ Long. 139*24' W.” is substituted therefor. posed rule making was published in the coordinates for these reporting points, c. In Domestic Sitka INT: “route.” is the possibility exists that various chart F ederal R egister (28 F .R . 12669) stating deleted and “route, at Lat. 55*43' N, Long. that the Federal Aviation Agency pro­ producers would print different coordi­ 136*34' W.” is substituted therefor. nates for a reporting point. The in­ posed to alter the Malad City, Idaho, d. In Domestic Yakutat INT: “route,” transition area. creased use of Doppler navigation de­ is deleted and “route, at Lat. 57*54' N, vices by aircraft operating on the routes Interested persons were afforded an op­ Long. 141*44' W.” is substituted therefor. portunity to participate in the rulemak­ having such reporting points, makes evi­ e. In Granite INT: “Area.” is deleted dent the desirability of establishing and ing through submission of comments. All and “Area,at Lat. 58*43' N, Long. 148*14' comments received were favorable. publishing official geographical coordi­ W.” is substituted therefor. nates. Therefore, action is being taken The substance of the proposed amend­ f. In Marble INT: “Area.” is deleted ment having been published and for the herein to include geographical coordi­ and “Area, at Lat. 57*29' N, Long. 150*30' nates in the descriptions of these off­ reasons stated in the Notice, the follow­ W.” is substituted therefor. ing action is taken: shore reporting points. 3. In § 71.213 (27 F.R. 220-175, Novem­ In § 71.181 (29 F.R. 1160), the Malad Since these amendments are editorial ber 10, 1962, 28 F.R. 11727) the following in nature and do not involve the desig­ City, Idaho, transition area is amended changes are made: to read: nation of airspace, notice and public a. In Domestic Sitka INT: “route.” is procedure hereon are unnecessary. deleted and “route, at Lat. 55*43' N, Long. Malad City, Idaho. However, since it is necessary that suffi­ That airspace extending upward from 1,200 136*34' W.” is substituted therefor. feet above the surface within 9 miles E and cient time be allowed to permit changes b. In Domestic Yakutat INT: “route.” 6 miles W of the Malad City VORTAC 165* to be made on aeronautical charts, these is deleted and “route, at Lat. 57*54' N, and 345* radials, extending from 18 miles amendments shall become effective more Long. 141*44' W.” is subsitiuted therefor. S to 8 miles N of the VORTAC, and within than 30 days after publication. 4. In § 71.215 (27 F.R. 220-176, No­ 5 miles N and 8 miles S of the Malad City For the reasons stated above, the fol­ vember 10, 1962, 28 F.R. 843, 28 F.R. VORTAC 290* radial, extending from the lowing actions are taken: 9428) the following changes are made: VORTAC to 12 miles W of the VORTAC. 1. In § 71.209 (27 F.R. 220-172, Nove*p- a. In Dogwood INT: J ‘W.” is deleted This amendment shall became effec­ ber 10,1962, 27 F.R. 12210, 28 F.R. 721, 28 and “W, at latitude 21“56'00" N.” is sub­ tive 0001 e.s.t., April 2,1964. F.R. 12612, 29 F.R. 133) the following stituted therefor. changes are made. b. In Shark INT: “radiais.” is deleted (Sec. 307(a), 72 Stat. 749; 49 UJS.C. 1348) a. In Albacore INT: “RBN.” is deleted and “radiais, at latitude 22*31' N., longi­ Issued in Washington, D.C., on Feb­ and “RBN, at latitude 27° 22' N., longi­ tude 156*05' W.” is substituted therefor. ruary 6, 1964. tude 95*14' W.” is substituted therefor. c. In Skipjack INT: “radiais.” is de­ D. E. B arrow, ' b. In Bass INT: “Area.” is deleted and leted and “radiais, at latitude 20*28' N., Acting Chief, Airspace Regula­ “Area, at latitude 34*26' N., longitude longitude 154“ 03' W.” is substituted tions and Procedures Division. 73*51' W.” is substituted therefor. therefor. [FH . Doc. 64-1497; Piled, Peb. 14, 1964; c. In Brim INT: “RBN.” is deleted and d. In South Honolulu INT: “radiais,” ,:'s 8:45 am.] “RBN, at latitude 28*15' N., longitude is deleted and “radiais, at latitude 19*43' 91*13' W.” is substituted therefor. N., longitude 158*00' W.” is substituted d. In Catfish INT: “RBN.” is deleted therefor. and “RBN, at latitude 28*15' N., longi­ e. In South Port Allen INT: “radiais.” Title 16-COMMERCIAL tude 90*58' W.” is substituted therefor. is deleted and “radiais, at latitude 20*46' e. In Dolphin INT: “RBN.” is deleted N., longitude 159*29' W.” is substituted PRACTICES and “RBN, at latitude 28*15' N., longi­ therefor. tude 90*02' W.” is substituted therefor. f. In Sunrise INT: “radiais.” is de­ Chapter I— Federal Trade Commission f. In Ear Shell INT: “RBN.” is deleted leted and “radiais, at latitude 22*06' N., [Docket 8473 o.] and “RBN, at latitude 28*15' N., longi­ longitude 155*46' W.” is substituted tude 93*56' W.” is substituted therefor. therefor. PART 13-—PROHIBITED TRADE g. In Eel INT: “area.” is deleted and g. In Swordfish INT: “radiais.” is PRACTICES “area, at latitude 42*02' N., longitude 68“ deleted and “radiais, at latitude 21*18' 00' W.” is substituted therefor. N., longitude 159*32' W.” is substituted Motorola, Inc. h. In Fallfish INT: “RBN.” is deleted therefor. Subpart—Advertising falsely or mis­ and “RBN, at latitude 28*15' N., longi­ h. In Tuna INT: “radiais.” is deleted leadingly § 13.20 Comparative data or tude 89*34' W.” is substituted therefor. and “radiais, at latitude 21*47' N., longi­ m erits; § 13.170 Qualities or properties i. In Hard Head ENT: “RBN.” is de­ tude 155*32' W.” is substituted therefor. of product or service; § 13.170-12 Auxil­ leted and “RBN, at latitude 28*15' N., i. In Vanda INT: “W.” is deleted and iary, improving, or supplementary; longitude 92*45' W.” is substituted there­ “W, at latitude 22*24'00" N.” is substi­ § 13.170-30 Durability or permanence; for. tuted therefor. § 13.280 Unique nature or advantages. j. In Shad INT: “area.” is deleted and These amendments shall become ef­ (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret “area, at latitude 37*43' N., longitude or apply sec. 5, 38 Stat. 719, as amended, 73*00' W.” is substituted therefor. fective at 0001 e.s.t., April 30, 1964. Saturday, February 15, 1964 FEDERAL REGISTER 2489 15 U.S.C. 45) [Cease and desist order, Moto­ rola, Inc., Chicago, 111., Docket 8473, Jan. 14, form in which it has complied with the HE, Charles A. Wilson, Sarah A. Hooker, 1964] order to cease and desist as modified Sally Ann Wilson and Michael B. Wilson, herein. individually and as partners trading Order requiring a Chicago distributor Issued: January 14, 1964. under the name of Wilson Chemical of radio and television sets and replace­ Company, and respondents’ agents, rep­ ment parts therefor to cease misrepre­ By the Commission. resentatives and employees, directly or senting the capabilities, durability and through any corporate or other device, in superiority to competing products, of its [seal! J oseph W. S hea, Secretary. connection with the offering for sale, sale radio and television sets as in the order or distribution in commerce, as “com­ below specifically set out. [F it. Doc. 64-1513: Filed, Feb. 14, 1964; 8:47 ajn.] merce” is defined in the Federal Trade The order to cease and desist is as Commission Act, of respondents’ product, follows : “White Cloverine Brand Salve,” or any It is ordered, That respondent, Moto­ [Docket 6557 o.] other merchandise, do forthwith cease rola, Inc., a corporation, and its officers, PART 13— PROHIBITED TRADE and desist from: agents, representatives, and employees, 1. Representing as free or without cost directly or through any corporate or PRACTICES any article of merchandise, the obtaining other device, in connection with the of­ Wilson Chemical Co., Inc., et al. of which is contingent upon the purchase fering for sale, sale or distribution of of other merchandise or the performance radio sets, television sets and replace­ Subpart—Advertising falsely or mis­ of some service, unless the terms and ment parts therefor in commerce, as leadingly: § 13.80 Free test or trial. conditions upon which such article may "commerce” is defined in the Federal Subpart—Coercing and intimidating: be obtained are clearly and conspicuously Trade Commission Act, do forthwith § 13.358 Distributors. Subpart—Threat­ set forth in immediate conjunction with cease and desist from: ening suits, not in good fa ith :1 § 13.2264 such representation. 1. Representing directly or by impli­Delinquent debt collection * 2. Representing, directly or indirectly, cation: (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret or by implication, that any merchandise (a) That its Model 8 x 26 radio set or apply sec. 5, 38 Stat. 719, as amended; 15 offered for the purpose of obtaining sales or any substantially similar receiver has U.S.C. 45) [Cease and desist order, Wilson agents is offered for any other purpose. 9 times more capability than other re­ Chemical Company, Inc., et al., Tyrone Pa., 3. Using threats of legal action and ceivers to select a desired radio station Docket 6557, Jan. 14, 1964] other forms of coercion and intimida­ or that any of its . receivers have selec­ In the Matter of Wilson Chemical Com­ tion to induce persons to accept and pay tivity in excess of the true facts. pany, Inc., a Corporation, and George for merchandise which is sent to them (b) That its Model 8 x 26 radio set C. Wilson, III, Charles A. Wilson, and as the result of advertisements in vio­ or any substantially similar receiver has Sarah A. Hooker, Individually and as lation of paragraphs 1 and 2, above. the power output of a 10 tube radio or Officers and Directors of Said Corpora­ 4. Using threats of legal proceedings that any of its receivers has a power tion, and Sally Ann Wilson and in an attempt to gain payment of ac­ output in excess of the true facts. Michael B. Wilson, Individually and as counts, when in fact legal proceedings (c) That its Models 8 x 26, L12 and Directors of Said Corporation, and are hot to be employed as a collection L14 radio sets or any substantially simi­ All of Said Individuals as Partners device. lar receivers play for hundreds of hours Trading and Doing Business as Wilson 5. Using correspondence which repre­ on low priced batteries or that any of its Chemical Company, and J. McCellan sents that some person or organization receivers play on batteries for any num­ Davis, an Individual other than the aforementioned respond­ ents is engaged in attempting to effect ber of hours in excess of the true facts. Order requiring sellers in Tyrone, Pa., (d) That the chassis or audio system a cash settlement of an individual’s as­ of their “White Cloverine Brand Salve” serted delinquent account. contained in its Model L14 radio set or to sales agents and others for resale, to that any substantially similar chassis or It is further ordered, That individual audio system contained in any of its re­ cease representing falsely—in advertis­ respondent J. McClellan Davis, his repre­ ing in comic books of national circulation sentatives, agents, and employees, di­ ceivers is revolutionary or new or that to which children were attracted and by any of its chassis or audio systems that rectly or indirectly, in conection with are in general use in the radio industry return of replies to which they unknow­ the offering for sale, sale or distribution are revolutionary or new. ingly ordered merchandise for resale— of a preparation designated “White by such statements as “Genuine Nickel Cloverine Brand Salve” or any other (e) That its sentry system eliminates Silver Ring Absolutely Free”, “Yours 3 out of 4 service calls or that any of its products of the respondent Wilson Chem­ protective devices will reduce the neces­ Free . . . Real Foreign Coins”, that mer­ ical Company, Inc., or the other individ­ sity for repairs of receivers in excess of chandise was sent free and without ob­ ual respondents herein, do forthwith the true facts. ligation,* using threats of legal action cease and desist from: (f) That its sentry system triples TV and other intimidation to induce pay­ 1. Using threats of legal action and life expectancy or that any of its protec­ ment for quantities of their salve sent other forms of coercion and intimida­ tive devices prevent receiver failures for to those replying; and using letterheads tion to induce persons to accept and pay periods in excess of the true facts. and statements of an associated attorney for merchandise which is sent to them as (g) That its picture tubes last 10 times which represented falsely that he was the result of advertisements which are longer than comparable picture tubes or attempting to effect cash settlements of in violation of paragraphs 1 and 2, above. that any of its picture tubes are con­ asserted delinquent accounts; and re­ 2. Using threats of legal proceedings structed to last for periods in excess of quiring said attorney to cease using in an attempt to gain payment of ac­ the true facts. aforesaid threats of legal proceedings not counts, when in fact legal proceedings (h) That its Custom-Matic Tuner or in good faith and aiding and abetting are not to be employed as a collection any substantially similar mechanism will such use by the other respondents. device. not require fine tuning or that any of Thè order to cease and desist, includ­ 3. Permitting, aiding, or abetting the its tuners is the first tuner specifically ing further order requiring report of other respondents herein in the viola­ designed for remote control. compliance therewith, is as follows: tion of paragraph 5, above. (i) That any of its tuners is the only Chemical Company, Inc., a corporation, By “Final Order”, etc., further order tuner to turn out a stronger signal than and its officers, and respondent George C. requiring report compliance is as follows: the one it picks up. Wilson, in, individually and as an offi­ (j) That all or any of its receivers cer of said corporation, and respondents It is further ordered, That respondents have picture power or video drive in Charles A. Wilson, Sarah A. Hooker, herein shall, within sixty (60) days after excess of the true facts. Sally Ann Wilson and Michael B. Wilson service upon them of this order, file with It is further ordered, That respond­ as officers or directors of said corpora­ the Commission a report, in writing, set­ ent shall, within sixty (60) days after tion, and respondents George C. Wilson, ting forth in detail the manner and form service upon it of this order, file with in which they have complied with the the Commission a report, in writing, 1 Amended. order to cease and desist. setting forth in detail the manner and 2 New. Issued: January 14,1964. No. 33------3 2490 RULES AND REGULATIONS (Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c) ) 8. Enforceability of civil liabilities under By the Commission, Commissioner the Act against foreign persons. priman did not participate in the consid­ Effective date. These regulations are 9. Use of proceeds to registrant. eration or decision of this case.- effective upon publication in the F ederal 10. Statement of dividend policy. 11. Current financial statements and related R egister. [ seal] J oseph W. Shea, data. Secretary. Dated: February 10, 1964. 12. Names of customers and competitors. 13. Extractive reserves. [F.R. Doc. 64-1514; Filed, Feb. 14, 1964; L awson B. K nott, Jr., 8:47 a.m.] 14. Liabilities of shareholders to laborers, Acting Administrator servants, or employees under State law. of General Services. 15. Annual reports to security holders. [Docket 8530 o.] [F.R. Doc. 64-1549; Filed, Feb. 14, 1964; 16. Executive committee. 8:49 a.m.] 17. Voluminous and verbose prospectuses. PART 13— PROHIBITED TRADE 18. Introductory statements. PRACTICES 19. Dating of prospectuses. 20. Pictorial representations in prospectuses. Ideal Toy Corp. 21. Promoters. Title 17— COMMODITY AND 22. Identification of members of board of Subpart—Advertising falsely or mis­ directors selected by underwriters. leadingly: § 13.142 Operation.l SECURITIES EXCHANGES 23. Expenses of issuance and distribution. (Sec. 6, 88 Stat. 721; 15 U.S.C. 46. Interprets 24. Permits or licenses to issue securities or applies sec. 5, 38 Stat. 719, as amended; Chapter II— Securities and Exchange required by certain States. 15 U.S.C. 45) [Cease and desist order, Ideal Commission 25. Reports or memoranda concerning the Toy Corporation, Hollis, N.Y., Docket 8530, registrant. Jan. 20, 1964] [Release 33-4666] 26. Distribution of the preliminary pro­ spectus. Order requiring a distributor of toys PART 231— INTERPRETATIVE RE­ 27. Representations from selling stock­ in Hollis, N.Y., to cease representing LEASES RELATING TO THE SECURI­ holders. 28. Securities Act exemption for shares sub­ falsely by means of television commer­ TIES ACT OF 1933 AND GENERAL cials that its toy “Robot Commando” ject to options. would perform acts as directed by vocal RULES AND REGULATIONS THERE­ 29. Registration of options and stock issued or sold to underwriters. commands, including moving forward, UNDER 30. Revision of prospectuses where a company turning, firing a “missile” and firing a Guides for Preparation and Filing of and its employee plan have different “rocket”. fiscal years. The order to cease and desist, includ­ Registration Statements 31. Disclosure of confidential material to ing further order requiring report of In accordance with its practice of pub­ other government agencies. compliance therewith, is as follows: 32. Mailing of amended preliminary prospec­ lishing its views to assist issuers, their tuses to regional offices. It is ordered, That respondent, Ideal counsel, accountants and others partici­ Toy Corporation, a corporation, and its pating in the preparation of registration 1. Indemnification. If the underwrit­ officers, representatives, employees, suc­ statements, the Securities and Exchange ing agreement contains a provision pur­ cessors and assigns, directly or under Commission is publishing the following suant to which the registrant indemnifies any name or through any corporate or policies and practices of its Division of the underwriter and persons in control of other device, in connection with'the of­ Corporation Finance in the administra­ the underwriter with respect to certain fering for sale, sale and distribution of tion of the Securities Act of 1933. It is civil liabilities, including liabilities under toys, in commerce, shall forthwith cease expected that the publication of these the Act, a brief description of such pro­ and desist from: policies and practices will not only be of vision of the underwriting agreement Stating, implying, or otherwise repre­ assistance to registrants, their counsel may be furnished in the response to senting, by words, pictures, depictions, and accountants in the preparation of Item 2 rather than on the facing page. demonstrations or any combination registration statements, but also that it (This represents a change from previous thereof, or otherwise, that any toy per­ will relieve the staff of the Commission of practice.) forms in any manner not in accordance the necessity for commenting on these Disclosure should be made in the pro­ with fact. matters in respect of such statements. spectus of insurance indemnifying Respondent shall, within sixty (60) These policies have been generally against liabilities arising under the Act, days after service of this order upon it, followed by the Division with respect to including the Source of premium pay­ file with the Commission a written report the disclosures required by the Act and ments. setting forth in detail the manner and the rules and regulations promulgated 2. Finders. The last sentence of In­ form of its compliance with the terms of thereunder. Some of the policies may struction 1 to Item 1 of Form S—1 re­ the order. be incorporated later in the rules or quires appropriate disclosure on the cov­ forms. Until such time, the policies are er page of the prospectus of any finder’s Issued: January 20, 1964. subject to change as experience or unique fees or similar payments. Such disclo­ By the Commission, Commissioner factual situations require. These poli­ sure should identify the finder and the Anderson not participating for the rea­ cies do not purport to furnish a complete nature of any relationship between him son he did not hear oral argument. guide for the preparation of registration and the registrant, its officers, directors, statements and additional policies may promoters, principal stockholders and [seal] J oseph W. S hea, Secretary. be published from time to time. underwriters (including in each case, af­ The terms in the following policies filiates or associates thereof). Consid­ [F.R. Doc. 64-1512; Filed, Feb. 14, 1964; and practices have the same meaning eration should be given to all relevant 8:47 a.m.] as those prescribed in the Act and the circumstances in determining whether rules and regulations promulgated participation of the finder in the is­ thereunder, including the forms and in­ suance and sale of the securities being Title 41— PUBLIC CONTRACTS structions thereto, unless the context offered is sufficient to constitute the find­ Chapter 5— General Services requires otherwise. References to items er an “underwriter” within the defini­ of Form S - l also shall be deemed to tion of that term in section 2(11) of the Administration include références to similar items of Act. Ordinarily a finder whose principal PART 5-16— PROCUREMENT related forms where applicable. function is to introduce a registrant to an underwriter for" a cash fee, need not FORMS 1. indemnification. 2. Finders. be' identified as an “underwriter”. If a Subpart 5-16.8— Miscellaneous 3. Over-the-counter trading in capital stock finder receives securities for his serv­ Forms purchase warrants. ices, the securities should be registered. 4. Absence of established trading market. Whenever the finder is deemed to be Subpart 5-16.8 is amended to delete 5. Options issued to underwriters and an underwriter by reason of the receipt § 5-16.853 Identical bid report for pro­ others. of securities for services, or otherwise, curement. 6. Original issue discount of debt securities. 7. Underwriters’ compensation from con­ he should be identified as such in tne version of funds into foreign currency. prospectus. *New. Saturday, February 15, 1964 FEDERAL REGISTER 2491

3. Over-the-counter trading in capital In the case of the issuance to the above sures made in response to Item 3 of Form stock purchase warrants. Disputes have described persons of debt securities with S - l are bona fide. However, such res­ arisen between investors and brokers in options or with conversion privileges ervation is permissible if its inclusion is connection with trading in capital stock prior to or in connection with the under­ due to certain contingencies which are purchase warrants in situations where writing, the foregoing disclosures should adequately discussed in the prospectus in the warrants confer the right to purchase also be made where applicable. terms of an alternative use of proceeds more or less than one share of stock. It &. Original issue discount of debt se­ to be followed in the event that the con­ is understood that under the policy of curities. Where debt securities are to be tingencies arise. the National Association of Securities offered at a price below the par or face 10. Statement of dividend policy. Dealers, Inc., warrants are quoted and value thereof, or where a debt security Generally, objection will be made to a transactions therein are effected on the is sold in a package with another security projection of future dividends in the basis of the right to purchase one share and the allocation of the sale price be­ prospectus. Objection ordinarily will not of stock. In order that investors may tween the two securities may have the be made to a statement in the prospectus not be misled and the disputes between effect of offering the debt security at a as to the policy of the board of directors the investors and brokers may be avoid­ price below its par or face value, the of the registrant to declare dividends on ed, the cover page of the prospectus "discount” should be disclosed in the a stated periodic basis, or that it will be should contain an appropriate disclosure prospectus. The possible effect on the the policy of the board of directors to to the effect that the warrants will be investor of.the “original issue discount” declare as dividends a specified percent­ quoted and traded on the basis of the provision of Section 1232 of the Internal age of profits, provided no projection of right to purchase one share of the reg­ Revenue Code should also be disclosed in dollar amounts is given and a further istrant’s capital stock at the price stipu­ the prospectus. If the provisions of Sec­ statement is made to the effect that there lated in the warrant, even though the tion 1232 are not deemed to be applica­ is no assurance as to future dividends warrant confers the right to purchase ble, the registrant should so advise the since they are dependent upon earnings, more or less than one share and only staff at the time of filing the registration the financial condition of the registrant whole warrants are transferable and statement. and other factors. However, there is no exercisable. T. Underwriters’ compensation from objection to the registrant’s stating the 4. Absence of established trading mar­ conversion of funds into foreign cur­ amount of dividends to be paid for the ket. 11 there is no established trading rency. If the underwriting compensation next succeeding dividend period where market for the securities to be offered may be materially increased through the the dividend has been declared. pursuant to the registration statement, conversion of United States currency into Where a registrant has a record of pay­ the prospectus should so state in a prom­ foreign currency, appropriate disclosure ing no dividends although earnings indi­ inent place, unless it is evident that no should be made on the facing page of cate an ability to do so, the registrant such market exists. the prospectus in response to Item 1 of should consider the question of its in­ 5. Options issued to underwriters and Form S -l. tention to pay cash dividends in the fore­ others. Certain disclosures in addition 8. Enforceability of civil liabilities seeable future, and if no such intention to those required by Item 18 of Form S -l, under the Act against foreign persons. exists, a statement of that fact should Options to Purchase Securities, should In a registration statement of a foreign be set forth in the prospectus. be made in the prospectus if a material private registrant, the forepart of the 11. Current financial statements and amount of options has been or is to be is­ prospectus should clearly state how the related data. The following is furnished sued to promoters, underwriters, prin­ enforcement by investors of civil liabili­ as a guide for determining the need for cipal shareholders, officers, or directors ties under the Act may be affected by the “updating” financial statements and re­ (except “restricted stock options” as de­ fact that the registrant is located in a lated data in registration statements fined by section 421 of the Internal Rev­ foreign country, that certain of its officers under the Act and is a reaffirmation of enue Code of 1954). These additional and directors are residents of a foreign the policies stated in Securities Act Re­ disclosures ordinarily include the follow­ country, that certain underwriters or ex­ lease No. 4475, dated April 13, 1962 (pub­ ing: That for the life of the options the perts named in the registration statement lished in the F ederal R egister of April option holders are given at nominal cost are residents of a foreign country, and 26; 1962,27 F.R. 3990). the opportunity to profit from a rise in that all or a substantial portion of the as-' (a) Financial statements— (1) Form the market for the capital stock of the is­ sets of the registrant and of said persons S - l. Registrants presently subj ect to the suer with a resulting dilution in the in­ are located outside the United States. reporting requirements of the Securities terest of stockholders; that the issuer Such disclosures should indicate: Exchange Act of 1934 and unlisted com­ presently has no need for additional whether investors will be able to effect panies with a substantial record of earn­ working capital in excess of the amount service of process within the United ings which publish financial information to be realized under the present offer­ States upon such persons; whether in­ on a regular basis, should be prepared to ing; that for the life of the options, the vestors will be able to enforce against add later information as to sales and net issuer might be deprived of favorable op­ such persons judgments obtained in income in a paragraph following the portunities to procure additional equity United States courts predicated upon the summary of earnings when such later capital, if it should be needed for the pur­ civil liability provisions of the Act; information has been published or is to pose of the business; and that the holders whether the appropriate foreign courts be published in an interim report prior of such options might be expected to would enforce judgments of United to the effective date of the filing. exercise them at a time when the issuer Whether or not such a report is pub­ would, in all likelihood, be able to obtain States courts obtained in actions against such persons predicated upon the civil lished, later sales and net income infor­ equity capital, if it needed capital then, mation on current and comparable prior by sale of a new offering on terms more liability provisions of the Act, and year bases should be included in para­ favorable than those provided for by the whether the appropriate foreign courts graph form when an adverse trend is options. would enforce, in original actions, lia­ shown. Such disclosure is necessary re­ Information regarding options issued bilities against such persons predicated gardless of the certified or non-certifled to underwriters should be disclosed solely upon the Act. If any portions of status of the financial statements in the briefly in a note to the discount column such disclosures are stated to be based prospectus. It should be understood that of the underwriting table on the cover upon an opinion of counsel, such counsel Page of the prospectus together with a when a fiscal year ends within 90 days should be named in the prospectus and prior to the date of filing and certified statement to the effect that any excess an appropriate manually-signed consent of the price received by the underwriters financial statements for the year are for the options or for the underlying to the use of such name and opinion normally available for publication before stock over the price received by the issuer should be included in the registration the proposed effective date, such state­ may be deemed additional underwriting statement. ments should be substituted for the in­ commission. The note should also refer 9. Use o f proceeds to registrant. In­ terim statements in the registration to a statement elsewhere in the prospec­ clusion in a prospectus of a statement statement as originally filed. tus which sets forth the information that management reserves the right to Companies registering for the first specified in the preceding paragraph and change the use of proceeds may give rise time with no previous record of pub­ that required by Item 18 of Form S -l. to a question as to whether the disclo- lishing information, but with an estab- 2492 nRULES a n d regulations names, no objection is ordinarily raised 18. Introductory statements. In many lished record of earnings and in a sound instances the securities to be offered are financial condition, should be prepared uni«« in the particular case the effect of including such names is misleading. of a highly speculative nature. The spec­ to furnish the above data compared with ulative nature may be due to such factors a similar period of the preceding year, If a substantial part of the business of an issuer is dependent upon a single cus­ as an absence of operating history of the if the amendment when effective would registrant, an absence of profitable op­ otherwise include data over four months tomer, the loss of which would have a materially adverse effect on the regis­ erations in recent periods, the financial old. trant, the name of the customer and position of the registrant or the nature of New registrants with no established the business in which the registrant is record of earnings and old registrants other material facts with respect to the relationship and the importance of the engaged or proposes to engage. In such currently showingiosses or a weak finan­ instances, and particularly where a cial condition should not only furnish business to the registrant should be included. lengthy prospectus cannot be avoided, the above data but be prepared to bring there should be set forth immediately the financial statements np to the latest 13. Extractive reserves. Instruction 2 to Item 1 of Form S -l requires that reg­ following the cover page of the pro­ practicable date not more than 90 days spectus a carefully organized series of prior to filing the amendment upon istrants engaged in extractive operations include in their prospectus, where appro­ short, concise paragraphs summarizing which it is expected the filing will be­ priate, the quantitative amount of their the principal factors which make the come effective. If delay carries the date reserves. If appropriate, the current offering speculative with references to beyond the close of the fiscal year and market price per barrel of oil, m.c.f. of other parts of the prospectus where com­ by applying due diligence the registrant gas, or the assay value per ton of ore may plete information with respect to such and its independent accountant can also be shown but it is deemed inappro­ factors is set forth. have an audit completed prior to the priate to show a dollar amount equal to 19. Dating of prospectuses. The date planned effective date, certified state­ the market price multiplied by the num­ of the prospectus required by Rules 423 ments for the fiscal year should be sub­ ber of barrels of oil, m.c.f. of gas or tons and 433, 17 CFR 230.423 and 230.433, stituted for interim statements whether of ore. should be on the cover page. or not the interim financial statements 14. Liabilities of shareholders to 20. Pictorial representations in pro­ have been certified. taborers, servants, or employees under spectuses. Ordinarily, photographic re­ When later interim financial state­ State law. Statutes of several of the productions of principal properties or ments are to be furnished to supplement states impose joint and several liability important products in prospectuses are either fiscal year or interim statements on corporate shareholders Jfor labor debts permissible where they do not create a which have been certified, the later state­ (i.e., debts, wages, and salaries due and misleading impression. However, art­ ments would in the usual case be un­ owing to employees by the corporation). ists’ architects’ or engineers’ conceptions audited. However, when numerous or The potential liabilities imposed on or renderings may be misleading in that involved financial transactions have shareholders by these statutes should be there is no assurance of completion of been effected since the date of the finan­ appropriately disclosed in the prospectus the structure or because of lack of ac­ cial statements furnished or it is recog­ unless such disclosures would be im­ curacy of the conception or rendering. nized that unusual conditions affect the material because it is unlikely that the 21. Promoters. The term “promoters” determination of earnings, the Commis­ liability would be asserted due to the is defined in Rule 405, 17 CFR 230.405, sion has indicated that later financial financial resources of the registrant. and used in various forms. All persons statements may be requested on a certi­ 15. Annual reports to security holders. coming within the definition of the term fied basis as a condition to acceleration The prospectus should disclose whether “promoters” may be referred to as under section 8(a) of the Act. or not annual reports of the registrant “founders” or “organizers” or some (2) Forms S—2 and S —3. All financial will be furnished to security holders and other term provided the term used is statements on these forms are required whether or not such reports will con­ reasonably descriptive of their activities to be certified. In all cases of extended tain certified financial statements. The and the information called for by the delay later statements should be pre­ nature and frequency of other reports to form as to such persons is disclosed. pared so that at the expected effective be issued by the registrant also should be 22. Identification of members of board date the statements are not over four disclosed. However, this disclosure is of directors selected by underwriters. months old. „ not required in the case of registrants As indicated in Securities Act Release (3) Forms S-4, S-5 and S-6. Wher­ required to send annual reports con­ No. 4475, dated April 13, 1962, published ever practicable, filings on these forms taining certified financial statements to in the F ederal R egister of April 26,1962, should be scheduled so that interim security holders pursuant to the statutes 27 F.R. 3990, the Commission has re­ statements other than mid-year will not or regulations administered by the Com­ fused to accelerate the effective date of be necessary. mission or pursuant to a listing agree­ a registration statement where an under­ (4) Forms S—8 and S —9. In cases of ment with a national securities exchange. writer has the right to designate a di­ unusual delay of effectiveness of the reg­ 16. Executive committee. If the regis­ rector and the person has not been istration statement, consideration should trant has an executive committee, the designated but when designated may be be given to presenting such later finan­ members thereof should be indicated by a director, officer, partner, employee or cial data, including interim earnings, a footnote or other appropriate means affiliate of the underwriter. If the per­ when such information has been pub­ in connection with the disclosures re­ son to be designated will not be so related lished or issued to stockholders. quired by Item 16 of Form S—1. to the underwriter and the underwriter (5) Form 8-11. Principles set forth 17. Voluminous and verbose prospec­ is not otherwise in a position to identify above for Form S - l should be applied to tuses. Prospectuses are sometimes diffi­ such person, "then the prospectus should filings on this form as appropriate. cult to read am| to understand. Regis­ contain a representation so stating. (b) Financial data Volume statistics,trants have been encouraged to reduce 23. Expenses of issuance and distribu­ loss experience in insurance companies, the size of the prospectus by careful or­ tion. In accordance with the usual prac­ bad debt and collection experience in ganization of the material, appropriate tice, the total of the expenses which are finance, real estate and small loan com­ arrangement and subordination of infor­ itemized in Item 23 of Form S -l should panies, backlog and similar data should mation, use of tables and the avoidance be set forth in a note to the net proceeds be brought up to date when later finan­ of prolix or technical expression and un­ column of the underwriting table on the cial statements are furnished. necessary detail. In this connection, at- cover page of the prospectus. 12. Names of customers and competi­tention is directed to Rule 460(f), 17 CFR 24. Permits or licenses to issue securi­ tors. Item 9(b) of Form S-l requires 230.460(f). ties, required by certain states. It is certain disclosures as to the nature of the Material on the cover page of the pro­ understood that California and several market for the registrant’s products or spectus should be as brief as possible with other states require that a permit be ob­ services and as to ther registrant’s com­ an appropriate cross reference to more tained for the issuance of securities by petitive position in the industry. In con­ complete information elsewhere in the any registrant organized under the laws nection with these disclosures the names prospectus, particularly where the under­ of the state or having connections with of either customers or competitors are writers receive multiple benefits that can­ the state such as the location of its prin­ not be completely described on the cover not required in the usual case. If the cipal place of business or having share- registrant voluntarily includes such page. Saturday, February 15, 1964 FEDERAL REGISTER 2493

holders in the state. If a registrant may will be made through dealers and the the stock subject thereto are required to be required to obtain a permit or license underwriters intend to make the offer­ be registered along with the securities in any such state, the opinion of counsel ing during the stockholders’ subscription to be offered to the public, notwithstand­ as to the legality of the securities to be period, in which case copies of the pre­ ing that it is represented that such op­ registered, filed as an exhibit pursuant liminary prospectus must be distributed tions have been acquired for investment to Instruction 6 of the Instructions as to to dealers prior to the effective date of and not with a view to distribution. Exhibits of Form S -l, should state the registration statement in the same Where the options are granted by some whether such a permit or license has fashion as is required in the case of other person other than the issuer, at or about been or will be obtained and, if not, the offerings through underwriters. Where the time of the proposed registered offer­ effect of such failure upon the legality the underwriters do not intend to offer ing, the same registration requirements of the securities and other legal conse­ the securities during the stockholders’ will apply, and the registration statement quences of failure to obtain such a per­ subscription period, distribution to deal­ should be signed by such persons as is­ mit or license, i.e., possible civil liability ers of the preliminary prospectus is not suers of the options. Although regis­ for recovery of the purchase price of the required. tration of non-transferable options will securities. 27. Representations from selling not be required, the underlying stock 25. Reports or memoranda concern­stockholders. When outstanding securi­ should be registered as aforesaid. ing the registrant. If, within the past ties are registered to cover a proposed of­ The same procedure should be followed twelve months, any engineering, man­ fering for the account of selling security with respect to stock sold to underwriters agement or similar report or memoran­ holders, the registrant should forward to in connection with an underwriting. dum relating to broad aspects of the the Division a statement from each sell­ In such cases, the registration state­ business, operations or products of the ing security holder (or in the case of a ment should include an appropriate un­ registrant has been prepared for or by large group of selling security holders, dertaking similar to the following: the registrant, any security holder from the principal members of the named in answer to Item 19(a) pf group) setting forth the reason or rea­ The registrant undertakes with respect Form S -l, or any principal underwriter t o ------shares Issued (or to be issued) to sons for the sale of such securities. The underwriters, that (1) any prospectus re­ of the securities being registered, or if statement should also contain a repre­ vised to show the terms of offering of such any report or memorandum has been sentation that such person is familiar shares (other than a transaction on a na­ prepared for external use by the regis­ with the registration statement and tional securities exchange), and (2) any trant or a principal underwriter in con­ should set forth any material adverse prospectus revised to comply with the re­ nection with the proposed offering, such information known to the selling security quirements of section 10(a)(3) of the Se­ report or memorandum should be fur­ holder with regard to current and pro­ curities Act of 1933, will be filed as a post­ nished to the Division as supplemental effective amendment to the registration state­ spective operations of the registrant not ment prior to any offering thereof; and that information prior to any pre-filing con­ disclosed in the prospectus (or a negative the effective date of each such amendment ference or, if none, at the time of filing representation to such effect, if appli­ shall be deemed the effective date of the the registration statement. There also cable) . registration statement with respect to se­ should be furnished at the same time 28. Securities Act exemption for shares curities sold after such amendment shall a description as to the actual or pro­ subject to options. Registrants with em­ have become effective. posed use and distribution of such ployee stock option plans who have not No exemption to the foregoing regis­ report or memorandum. Such descrip­ registered the underlying stock should tion should identify each class of per­ tration requirement exists where the op­ inform the Division by letter as supple­ tions are not exercisable until some sons who have received or will receive mental information at the time of filing the report or memorandum, and state future date, unless substantially later a registration statement covering securi­ than the proposed effective date of the the number of copies distributed to each ties of the same or other classes whether such class. If no such report or memo­ registration statement. it is intended to register stock to be is­ 30. Revision of prospectuses where a randum has been prepared, the Division sued upon the exercise of the options. should be so informed in writing at the company and its em ployee plan have dif­ If registration is not contemplated, in­ ferent fiscal years. Where securities are time the report or memorandum would formation specifying the exemption from otherwise have been submitted. registered under the Act for offering pur­ the registration requirements intended suant to an employee stock purchase, 26. Distribution of the preliminaryto be relied upon and the pertinent facts prospectus. Rule 460, 17 CFR 230.460, savings or similar plan, and the interests supporting such claim should be submit­ in the plan constitute a separate security, provides in substance that, in ruling ted unless already supplied in Item 26 upon requests for acceleration of the such interests are also required to be of Form S-l. Such information sub­ registered and appropriate financial effective date of a registration state­ mitted should include: the approximate ment, the Commission will consider statements of the plan must be included number of persons who may be eligible in the prospectus. In a number of these whether an adequate distribution of the to receive options under the plan; their preliminary prospectus to underwriters cases the fiscal year of the plan ends on positions with the registrant and their a date different from that of the em­ and dealers who it is reasonably antici­ general salary classification; the extent pated will participate in the proposed ployer company, so that information to which they meet the standards of with respect to the plan may become out offering has been made a reasonable S.E.C. v. Ralston Purina Co., 346 U.S. 119 time in advance of the anticipated effec­ of date for the purpose of section 10(a) (1953) ; and the nature of any restric­ (3) of the Act prior to that relating to tive date of the registration statement. tions on transfer and investment repre­ Accordingly, in each applicable case, the the company, or vice versa. The ques­ sentations required. In addition, if any tion has been raised whether the pro­ registrant should furnish to the Division, purchasers of option stock have resold prior to or at the time of filing a request spectus may continue to be used until up- or transferred their shares, the circum­ to-date financial statements and other for acceleration pursuant to Rule 461, stances of such dispositions, consistent 17 CFR 230.461, the following informa­ information is available for both the plan with the claimed exemption, should be and the company. tion with respect to the extent of the explained by the registrant in its letter. distribution of the preliminary prospec­ In such a case after information with If no such dispositions have occurred, it respect to the plan or the employer com­ tus: (1) The dates of distribution; (2) should be so stated. the number of prospective underwriters pany becomes out of date it is not per­ 29. Registration of options and stock missible to continue using a prospectus and dealers to whom they were fur­ issued or sold to underwriters. As stated nished; (3) the number of prospectuses which does not contain the required up- so distributed; and (4) the number of in Securities Act Release No. 3210, dated to-date information. However, a regis­ prospectuses distributed to others, iden­ April 9, 1947, published in the F ederal trant may file a post-effective amend­ tifying them in general teims. R egister of April 18, 1947, 12 F.R. 2513, ment to the registration statement con­ Distribution of preliminary prospec­ options and the stock to be issued upon taining the required information and tuses to dealers is not ordinarily a con­ exercise thereof which are issued to un­ after the amendment becomes effective dition for acceleration in the case of of­ derwriters in connection with a regis­ may continue to use the old prospectus ferings of securities to stockholders by tered public offering are to be considered with the up-to-date financial statements subscription rights or otherwise, unless part of the same offering as that being and other information attached, until it is contemplated that the distribution registered. Accordingly, such options and the prospectus must be revised to in- 2494 RULES AND REGULATIONS

> elude up-to-date financial statements in the required related amendment of 210; 25 U.S.C. 385,387), the annual basic and other information with respect to the the regulations to provide for the new charges against the lands to which water plan or the employer company, as the schedules. can be delivered under the respective ir­ case may be. A copy of the prospectus The Commission orders: rigation systems of the projects listed in with up-to-date information attached Amend §§ 141.1(d) and260.1 (^ .C h ap ­ this section are hereby fixed in the fol­ need not be furnished to existing par­ ter I of Title 18 of the Code of Federal lowing amounts for non-Indian owned ticipants in the plan who have previously Regulations, by inserting, to immedi­ lands, Indian owned lands leased to non- received a copy of the prospectus and ately precede the line “Common Utility Indians, and Indian owned and operated who are otherwise furnished with a copy Plant” appearing in each, a line reading lands, for the calendar year 1963 and of such up-to-date information, provided “Expenditures for Certain Civic, Politi­ for each succeeding calendar year there­ -the prospectus contains a statement to cal and Related Activities”. As amend­ after until further notice: the effect that such financial statements ed §§ 141.1(d) and 260.1(c) read as Annual P ee Acee Assessment are to be deemed to be incorporated follows : therein by reference for all purposes of § 141.1 Form No. 1, Annual report for Non- Indian Indian the Act and the rules and regulations electric utilities, licensees and others Indian owned land owned Project owned leased to and op­ thereunder. (Class A and Class B). land non-Indians erated 31. Disclosure of confidential material * * * * * land to other government agencies. Rule 485 (d) * * * under the Act, 17 CPR 230.485, provides Duck Valley: the procedure to be followed by regis­ * * * * * Subjugated lands— $3.40 $3.40 $3.40 Native hay lands... 3.40 3.40 1.00 trants who request the Commission to ac­ Expenditures for certain civic, political and Pyramid Lake_____ 8.50 8.50 .60 cord confidential treatment to a contract related activities. San Carlos Reserva- tion______16.00 16.00 6.50 (or portion thereof) on the grounds that * * * * * Warm Springs_____ 2.00 2.00 0 public disclosure would impair the value § 260.2 Form No. 2, Annual report for of the contract and is not necessary for natural gas companies (Class A and W . W ade Head, the protection of investors. In an ap­ Class B). Area Director. plication for such confidential treatment ***** [F.R. Doc. 64-1545; Filed, Feb. 14, 1964; of a material contract or portion thereof, (C) * * * the applicant should state whether or not 8:49 a.m.] the applicant is willing to permit the dis­ ***** closure of the contract to other govern­ Expenditures for certain civic, political and mental bodies. Such permission is one related activities. factor which will be considered by the ***** Title 32— NATIONAL DEFENSE Commission in ruling on the application. By the Commission. Chapter VII— Department of the Air 32. Mailing of amended preliminary [seal] J oseph H. Gutride, Force prospectuses to regional offices. Un­ Secretary. marked copies of the preliminary pro­ SUBCHAPTER W— AIR FORCE PROCUREMENT spectus contained in any material [F .R . Doc. 64-1520; Filed, Feb. 14, 1964; INSTRUCTION amendment to the registration statement 8:47 a.m.] MISCELLANEOUS AMENDMENTS TO should be sent to the Commission’s reg­ SUBCHAPTER ional offices located at 105 W. Adams Street, Chicago, Illinois, 60603, and 225 Subchapter W of Title 32 is amended Broadway, New York, New York, 10007. Title 25— INDIANS as follows: [ seal] O rval L. DtjB ois, Chapter I— Bureau of Indian Affairs, PART 1001— GENERAL PROVISIONS Secretary. Department of the Interior Subpart B— Definition of Terms F ebruary 7, 1964. PART 221— OPERATION AND [F.R. Doc. 64-1515; Filed, Feb. 14, 1964; MAINTENANCE CHARGES § 1001.201-3 [Deleted] 8:47 a.m.] Miscellaneous Indian Irrigation Proj­ Delete § 1001.201-3. ects’in Arizona, Nevada, Oregon Subpart L— Specifications, Plans, and Title 18— CONSERVATION There was published in the F ederal Drawings R egister on September 7, 1963 (28 F.R. Revise § 1001.1207 to read as follows: S OF POWER 9824) a notice of intention to amend § 221.105, Charges, Title 25, Code of Fed­ § 1001.1207 Alternate articles or quali­ [Order No. 276-A; Docket No. R-226] eral Regulations, dealing with the op­ ties. Chapter I— Federal Power eration and maintenance assessments Alternate bids may be used where the Commission against irrigable lands of miscellaneous Government wishes to have a certain Indian irrigation projects in Arizona, quality of work done or items delivered, PART 141— STATEMENTS AND Nevada, and Oregon, by raising the an­ but the cost of such work or items may REPORTS (SCHEDULES) nual per acre assessment rate for non- be so high that the Government’s inter­ Indian owned lands and for Indian est will require procurement of a lesser PART 260— STATEMENTS AND owned lands leased to non-Indians at quality. REPORTS (SCHEDULES) Duck Valley and Pyramid Lake Indian Subpart M is revised to read as Irrigation Projects, Nevada. Interested follows: Annual Report Forms Prescribed for persons were given an opportunity to Electric Utilities and Licensees and submit their comments, suggestions, or Subpart M— Transportation Natural Gas Companies objections with respect to the proposed Sec. amendments to the Phoenix Area Direc­ 1001.1301 General. F ebruary 11,1964. tor, Bureau of Indian Affairs, Phoenix, 1001.1305 Delivery terms. By order issued December 18, 1963, we Arizona, within 30 days of publication of 1001.1305-2 F.o.b. origin or destination. prescribed, among other things, new this notice in the F ederal R egister. No 1001.1305-3 F.o.b. destination. written communications were received. 1001.1305-4 F.o.b. origin. schedules entitled “Expenditures for Consignment and marketing Certain Civic, Political and Related Section 221.105 is hereby amended to 1001.1306 Activities” to be included in the annual read as follows: instructions. 1001.1309 Volume shipments within the reports (FPC Forms Nos. 1 and 2) re­ § 221.105 Charges. United States. quired to be filed by electric utilities, re- Pursuant to the Acts of August 1,1914, 1001.1313 Transportation rates and licensees, and natural gas companies. lated costs. Inadvertently we failed to include there- and March 7,1928 (38 Stat. 583, 45 Stat. Saturday, February 15, 1964 FEDERAL REGISTER 2495 Au th o r ity : The provisions of this Subpaxt Ship via ------V------most economical M issued under sec. 8012, 70A Stat. 488; 10 method. § 1001.1313 Transportation rates and U.S.C. 8012. Interpret or apply secs. 2301- x(Use appropriate statement.) The state­ related costs. 2314, 70A Stat. 127-133; 10 U.S.O. 2301-2314. ment may be amended to cover specific pur­ AFPI Form 28A, Transportation Data § 1001.1301 General. chases such as furnishing addresses of desti­ (IFB or RFP). To enable the evalua­ nations subsequent to issuance of order, or tion of competitive bids to assist in rout­ In the Air Force, traffic management pick up by government vehicle. ing shipments, each IFB or RFP which advice is provided by transportation of­ (b) Other purchases. The clauses in provides for delivery other than f.o.b. ficers. §§ 1007.4004 and 1007.4050 of this sub­ specified destinations will include AFPI § 1001.1305 Delivery terms. chapter will be used according to the in­ Form 28A. structions contained therein. If base § 1001.1305—2 F.o.b. origin or destina­ procurement activities do not desire to tion. use these clauses, an appropriate provi­ PART 1002— PROCUREMENT BY Prior to issuing an IFB, RFP, or RFQ sion will be included in the contract FORMAL ADVERTISING for central procurement supplies, an schedule. When a purchase in excess of Subpart D— Opening of Bids and AFLC Form 354 Transportation Data $2,500 does not justify the issuance of a (PR or M3PR), will be prepared and the GBL, the procedures in paragraph (a) Award of Contract data so furnished will be considered in of this section may be used. The con­ 1. In § 1002.407-9 (b) revise subpara­ solicitations. tracting officer will obtain the advice of a graph (2)(i)(e) as follows: § 1001.1305—3 F.o.b. destination. transportation officer if necessary. When the clause in § 1007.4004 of this § 1002.407—9 Protests against award. When supplies are to be delivered subchapter is used, the following will ap­ ***** “f.o.b. destination” the following will ap­ pear in the schedule: (b) * * * (2) * * * Q) * * * pear in the schedule: (1) F.o.b. carrier’s equipment at the plant F,o.b. destination: Supplies shall be or plants at ------at which (e) Current status of award or con­ shipped direct by the contractor to the spec­ (City and State) tract: If award has been made, indicate ified destination (s) at the expense of the such supplies are to be finally inspected and if performance has commenced, ship­ contractor. accepted. ment or delivery has been made, award (2) F.o.b.------which is action has been suspended or stop work § 1001.1305—4 F.o.b. origin. (dty and State) order issued. the nearest point or points that carrier serv­ This section is mandatory for all pro­ 2. Revise § 1002.408-1 to read as curement activities. ice is available to the plant or plants at which final inspection and acceptance are to be follows: (a) Small purchases (except pettyaccomplished. cash). If a small purchase covers a ship­ § 1002.408—1 Unclassified awards. ment of 20,000 pounds or more to a single § 1001.1306 Consignment and market­ (a) Generally, unsuccessful bidders destination, the procedures in paragraph ing instructions. should be notified in writing that their (b) of this section will be followed. Ship­ bid was not accepted. Determination of ment will not be authorized by prepaid (a) All information on shipping ad­ dresses (except on GFAE and GFAE-type the means of notifying unsuccessful bid­ pared post unless an emergency condi­ ders that their bid was not accepted is at tion exists and time required to furnish items) that is supplied with a purchase request (P R ), a military interdepart­ the discretion of the contracting officer. U.S. Government mailing indicia would Such determination should be based on cause an undue delay. mental purchase request (M IFR), or other document serving as an authoriza­ the contracting officers evaluation of the (1) If the shipment does not qualify tion for procurement, will be incorpo­ economies of form post cards or form for a GBL, the following will be included rated verbatim into the original or letters versus the goodwill derived from in the written solicitation or discussed in amended shipping instruction provisions personal letters. When form letters and the oral solicitation: of the resulting contract. personal letters are used, they should be “F.o.b.” contractors p la n t______(b) Shipping instructions for GFAE similar to the following: (City) (State) and GFAE-type items will not be incor­ Gentlemen : Receipt Is acknowledged of Shipping Instructions will be contained in porated in the contract, but all informa­ your bid in response to our Invitation for Bid the order issued by the Government. Please tion on shipping addresses will be incor­ No------This is to inform you that award furnish the foUowing: porated in the shipping instruction was made to: Contractor ______City ------S ta te ------Item N o.______Shipment may be made by U.S. Postal Serv­ verbatim from the AFPI Form 44, Re­ Price ------The interest shown by your ice. Bequest Ufi. Government mailing In- quest for Issuance of Shipping Instruc­ firm in submitting a bid is appreciated. dicia be furnished with the order. tions, that is processed according to However, we are unable to award you a con­ Shipment cannot be made by parcel post. §§ 1054.1503 and 1054.1505 of this sub­ tract in this instance. Bequest order authorize shipment by prepaid chapter. Very truly yours, freight with charges billed as a separate item

(vii) Set forth the source to be curement standardization action may be delay created by the use of formal adver­ awarded the procurement, if known, or initiated by an individual organization, tising would be prejudicial to the AP the potential sources to whom the pro­ through appropriate channels, to the mission. Where corrective action for the curement may be awarded. The state­ Directorate of Supply and Services, Hq future is indicated such will be discussed ment that a segment of industry will be USAP (APSSSDB). under Category 2 below. In addition, the solicited is not acceptable. Class re­ (2) The, Directorate of Supply and analysis for use of this reason will include quests listing more than 15 sources will Services will forward the request to the the following: give the criteria to be used in selection office of primary responsibility for rec­ ***** of source, for individual procurement ommendations on disposition and prior­ (2) * * * thereunder, (e.g., 10 of the most quali­ ity rating to be placed on the item of fied sources will be solicited for each equipment involved. Recommendations (ii) Efforts to establish competitive procurement, etc.) or standardization action with appropri­ sources and what impediments must be (viii) If sole source, state reason why ate rating will then be forwarded by the overcome to develop a competitive pos­ other sources cannot be considered. Director of Supply and Services to Air ture. (For example: There are many (ix) If initial sole source, state whether Force Departmental Standardization cases where future requirements for an based on solicited or unsolicited proposal. Office (AFSPDPD). item which is the subject of the request Why? (3) in arriving at its decision, Hq for determinations and findings can be (x) If initial sole source and the in­ USAP will apply the criteria and re­ procured competitively if it were possible formation is readily attainable, state who quirements of § 3.213-2 of this title. If to live with the procurement lead time financed the effort which put the pro­ it is decided that standardization is of inexperienced but qualified producers. posed contractor in sole source position. warranted, AFSPDPD will forward its Generally, in this situation funding (Contractor or Government.) recommendations, supported by substan­ limitation is the impediment to be over­ (xi) If follow-on procurement is with tiating data, in quadruplicate, to Hq come and corrective action as shown in the same source: USAP (APSSSDB) for coordination with subdivision (v) of this subparagraph (a) Give a brief statement regarding the office of primary responsibility and will be taken.) the presence or absence of previous com­ subsequent submission to the Secretary ***** petition which led to the original selec­ of the Air Force or his designated repre­ (v) To alert requiring, programing, tion of the proposed contractor. (Pres­ sentative for findings and determina­ and procuring activities to bring about ence of previous competition will be noted tions. an earlier release of future years buying on the D&F by inclusion of statement (4) To facilitate processing, each re­ programs and funds therefor, the follow­ shown in sample format.) quest will be limited to a single item of ing information will be acquired and (b) Are there other sources with com­ supply or group of related items. furnished with each D&F request for parable experience and facilities? (5) In transmitting AF initiated Mili­ items which could be competitively (c) What would be the extent and im­ tary Interdepartmental Purchase Re­ procured if it were possible to live with pact, including loss of time, on duplicat­ quests (MIPRs) requiring procurement the procurement lead time of a qualified ing this source’s experience and facili­ of specific technical commercial-type but inexperienced producer: ties? items of equipment for reasons of stand­ F ormat (d) Are there any other reasons why ardization, the initiating activity will it is necessary to continue with incum­ attach a copy of the approved de­ For information to accompany transmittal letters forwarding Determinations and Find­ bent? termination to standardize, signed by ings under 10 U.S.C. 2304(a) (14) for re­ (3) Additional information requiredthe Assistant Secretary of the Air Force quirements to be procured from a sole source for Category B Programs, (i) What (Materiel). but which can be completed if program plans are being made to advertise or ***** release is earlier. compete the end item in the future? If § 1003.214—50 Format and justification. (a) D&F No. (To be assigned by AFSPM- none, why? PO-1). Description. (a) What are the target dates for (a) * * * (b) FY-19 Leadtime (mos.) Required Re­ above? ***** lease Date to Compete. (b) Do we intend to obtain rights to 2. Authority to Negotiate for Spare Parts U n its_____ Other Producer______all the data needed for effective procure­ (exclude when not applicable). The author­ ment of the end item? ity herein granted to negotiate for spare Dollars_.“__ Present Producer______(c) Do we or will we have title to any parts is limited to those spare parts which FY-19 Leadtime (mos.) Required Re­ are determined, not later than 90 days prior lease Date to Compete. useful special tooling developed? to the scheduled acceptance of the last ar­ U nits------Other Producer______3. Revise §§ 1003.212-50(b) (5), 1003.-ticle under the contract, to be necessary to support the end items being procured under Dollars_____ 213-4, 1003.213-50(b), and 1003.214-50 (c) Date(s) Requiring Activity questioned to read as follows: authority of this determination and findings and are not identical to parts previously pro­ on future requirements ______§ 1003.212—50 Format and justification. cured by the Air Force on other than the Date(s) Requiring Activity submitted future requirements______***** contract to which this determination and finding is applicable. Name(s) of Requiring Activity______(b) * * * (Program Designation or Organiza­ * * * * * (5) Statement that except for security tion) I classification the procurement would 4. Include a statement substantially as (d) Date the Programing Activity notified have been effected by formal advertising follows: Based on the findings above made, of required Program Release date. I hereby determine that the proposed pro­ or by negotiation pursuant to section 10 curement is for technical or special prop­ (e) Other pertinent information: U.S.C. 2304(a), whichever of these two erty requiring (a substantial initial invest­ methods of procurement is applicable. ment) (an extended period of preparation The above information as to all known future year requirements will be obtained § 1003.213—4 Record and reports. for manufacture) 1 and that formal advertis­ ing (would result in additional cost to the from the requiring activities at the time The Directorate of Procurement Policy, Government by reason of duplication of in­ the D&F is prepared. These require­ DCS/S&L (AFSPPB), Hq USAP, will vestment) (would result in duplication of ments will, in turn, be converted into the necessary preparation already made and maintain on a current basis a master list would unduly delay procurement).1 required program release dates and sub­ of items for which determinations and mitted to the programming activity for findings have been made under this au­ * - * * * * their information and action. thority. (b) * * * (vi) Digest examples: (j ) * * * * * * * * §1003.213—50 Format and justification. (v) Where duplication of an extended * * * * * period of preparation for manufacture is § 1003.215-51 [Amended] (b) Application: relied upon as a basis or the basis for 3. In § 1003.215-51 paragraph 3 is (1) Except as noted in subparagraph -satisfying the legal requirement, it must deleted and paragraphs 4 and 5 are (0) of this paragraph, requests for pro- be clearly demonstrated that the undue redesignated paragraphs 3 and 4. No. 33- ■4 2498 RULES AND REGULATIONS make every effort to increase performance 4. Add new § 1003.211-3 as follows: § 1003.303 Determinations and findings below the Secretarial level. and reduce costs. § 1003.211—3 Limitation. (b) For use of cost-plus-incentive-fee con­ The authority to make determinations tract featuring a performance, cost and/or This authority will not be used for such and findings under § 3.303(a) of this title delivery incentive because it is likely to be quantities and kinds of equipment, supplies, is limited to Head of the Procuring less costly and most rewarding to both Gov­ parts, or accessories for experiment, develop­ ernment and contractor: ment, research, or test as can be appropri­ Activity, AFSC/AFLC. The work is for (breadboard or mock-up ately advertised. However, such equipment, § 1003.305 F o rm s of determinations models) (services or evaluation testing) or supplies, and materials as are necessary to and findings. (first production)1 and the uncertainties in­ support performance of laboratory research, volved in contract performance are so great are required on a priority basis, may be (a) Advance payment findings. See as to preclude use of a fixed price incentive procured under this authority if requested § 163.60, Subpart D, Part 163 of this title. arrangement. Use of a cost-plus-incentive- and substantiated by the Director of the (b) Determinations and findings; fee type of contract will assure the contractor using laboratory. method of contracting. Determinations of being rewarded for (improved perform­ iand findings with respect to the use of ance) , (reduction in costs), and/or (im­ Subpart C is revised to read as follows: proved delivery)1 giving him the incentive to a cost type contract, a cost-plus-a-fixed- exert increased diligence in his performance. Subparf C— Determinations and fee contract (including those providing (c) For the use of cost (as distinguished Findings for incentive adjustment of fee), or a from cost-plus-a-fixed-fee) type of contract Sec. fixed-price contract which includes spe­ because it is likely to be less costly: 1003.301 Nature of determinations and cial incentive provisions for redetermi­ The contractor will perform the service de­ findings. nation of the fixed fee will be forwarded scribed above at (cost) or (a predetermined 1003.303 Determinations and findings below by letter to the appropriate authorized portion of cost), whereas the use of a fixed the Secretarial level. price incentive, cost plus incentive fee, or 1003.305 Forms of determinations and find­ official (see § 1003.303) for signature. cost-plus-a-fixed-fee contract will require ings. I The above type determinations and find­ that the Government pay, in addition, a 1003.306 Procedure with respect to deter­ ings will be prepared in substantially the profit or fee. minations and findings. following format. (d) For use of cost-plus-a-flxed-fee con­ tract because it is impracticable to contract A u t h o r i t y : The provisions of this Sub­ D e p a r t m e n t o f t h e A i r F o r c e on any other basis: part C issued under sec. 8012, 70A Stat. 488; DETERMINATIONS AND FINDINGS The work is for (research), (preliminary 10 U.S.C. 8012. Interpret or apply secs. Authorization for Type of Contract explorations) or (studies)1 where the level 2301-2314, 70A Stat. 127-133; 10 US.C. 2301- of contractor effort is unknown. The work 2314. Tbe Department of the Air Force proposes specifications cannot be defined precisely to u s e ______U for the procurement and the uncertainties involved in contractor § 1003.301 N atu re of determinations (See Note 1) and findings. performance are of such magnitude that o f ______at an estimated cost of there is no possibility to establish a firm (a) The policy of the Department of (See Note 2) price or an incentive arrangement at any the Air Force is to make class determina­ Í- ...... -— ------time during the life of the contract; or, This tions for a period normally not to exceed (See Note 3) procurement represents a continuation of I hereby find that ------work now in process under Contract N o.----- one year. In requesting class deter­ (See Note 4) minations and findings, the supporting which has been conducted upon a cost (cost- 1 Upon the basis of findings set forth above, plus-a-fixed-fee) basis. The present pro­ information will be as detailed as the I hereby determine pursuant to 10 U.S.C. curement is so closely related to the work supporting information required for an 2306(c) t h a t ______and I hereby under the above-mentioned contract that it individual determinations and findings (See Note 5) would not be feasible to segregate opera­ under the particular section of the Act authorize the use of said contract. tions and divide applicable costs.1 involved. In addition, the principal Note 5. Insert the applicable kind of de­ Notes referred to in preceding format are termination, such as: items of CFE as defined and within the as follows: purview of APR 70-9 (System Procure­ (a) That the use of (type of contract) is Note 1. Identify the type of contract pro­ likely to be less costly. ment) to be developed by or incorporated (b) That the use of (type of contract) is in the production end item by the con­ posed to be used. Note 2. Insert the description of the sup­ likely to be less costly and most rewarding tractor (s) will be itemized and explained. plies or services sufficiently to identify items to both Government and contractor. When the determinations and findings being purchased. (c) That it is impracticable to secure sup­ covers a weapon or support system, the Note 3. State the amount in round fig­ plies (or services) of the kind or quality re­ major subsystems only will be itemized. ures—even hundreds or thousand of dollars. quired without the use of (type of contract). When it covers a major subsystem, the Note 4. Insert facts concerning reasons 1 Use the statement most applicable to the major CFE equipments and components for use of the particular type of contract. work to be performed. will be itemized. CFE items which are Before preparing the findings and determina­ not within the scope of the approved tions, the buyer will decide on what ground § 1003.306 Procedure with respect to to rest the proposed use of one of the sub­ determinations and findings. determinations and findings will be listed ject type of contracts, viz: that: (1) Such a in the letter forwarding the signed de­ method of contracting is likely to be less (a) Contracting officer’s determina­ terminations and findings. costly than other methods, or (2) it is im­ tions and findings; negotiated contracts. (b) Determinations a n d findings practicable to secure supplies (or services) of There is no approved format for individ­ signed by the Secretary of the Air Force the kind or quality required without the use ual determinations and findings with re­ of the proposed type of contract. The se­ do not in any instance constitute program lection of a reason to be stated in the “find­ spect to the negotiation of contracts or project approval. Authority to ne­ ings” paragraph will depend on the grounds under the authority of §§ 3.202, 3.207 and gotiate is limited, except for those pro­ on which the use of the contract is to be 3.208 of this title, but those set forth for curements specifically exempt from pro­ based. The following examples are suggested the Secretarial determinations and find­ visions of DOD Directive 7200.4, to that reasons which would be considered adequate ings may be used as a guide. portion of the procurement or program to support the specified determination and (b) Approval of determinations and which is currently authorized at the time the use of the indicated type of contract: findings; negotiated contracts. Deter­ of negotiation or within the FY of the (a) For the.use of a fixed-price incentive- m inations and findings required under type contract because it is likely to be less issuance of the determinations and find­ costly and more rewarding to both Govern­ §§ 3.202-3, 3.207-3, 3.208-3, 3.210-3, and ings, whichever is later. To the extent ment and contractor: 3.211-3 of this title for procurements required by § 1003.306(e), subsequent The nature of the work to be performed is under $100,000 require . contracting negotiations which result in increasing such that there is a possibility of achieving officer’s signatures and will be subject the scope of the contract will be covered superior weapons, or improved production to the following written approvals: by additional determinations and find­ techniques leading to a reduction of esti­ (1) Hq AFSC, AFSC centers and divi­ mated labor or material costs. The use of an sions, and AFLC field procurement ings. incentive type contract will assure the con­ (c) Determinations and findings will tractor of being rewarded for superior per­ activities, Director or Deputy Director of in all cases be dated at the time of formance or of participation in any savings Procurement: This authority may be re­ signature. resulting from reduction in costs and he will delegated not below one level above the Saturday, February 15, 1964 FEDERAL REGISTER 2499

contracting officer for procurements the Commander or Deputy Commander 2. In § 1003.604-4 (a) revise subpara­ initially estimated to be in excess of of the initiating activity. They will be graph (1) to read as follows: $50,000 but not in excess of $350,000. forwarded to Hq USAF (AFSPPCA) (2) Purchasing activities other than through the following channels: § 1003.604—4 Delivery of cash pur­ those stated in subparagraph (1) of (i) AFLC activities—AFLC (MCPC). chases by suppliers. this paragraph: Chief or deputy chief (ii) AFSC activities—AFSC (SCK). (a) * * * of the purchasing office—procurements (iii) OAR activities—OAR (RRMK). (1) The total cost of each purchase, initially estimated to be in excess of (iv) Other major commands—AFLC including delivery and c.o.d. charges must $ 10,000. (MCPC). be $100 or less. ($250 or less for emer­ (3) Limitation: No person will exer­ (e) Quantitative change in require­ gency purchases.) cise the authority redelegated in this ments. Whenever a quantitative in­ paragraph if he is the contracting offi­ crease in the requirement or scope of cer in the procurement involved. This effort over that recited in the justifica­ PART 1007— CONTRACT CLAUSES limitation does not apply to SPOs at tion for a Secretarial determinations and Subpart KK— Clauses and Arrange­ ASD (or comparable organizations) findings occurs prior to or after the ex­ where the chief of the SPO is the only ecution of the contract, the following ments for Negotiated Utility Service contracting officer appointed for such policies will govern: Contracts SPO. _Ih these instances, the determi­ (1) In determinations and findings Revise § 1007.3706-3 to read as follows: nation and finding will indicate that the authorizing negotiation for research and person executing the determination and development, the scope of the effort to be § 1007.3706—3 Rates for service. finding is both the contracting officer incorporated in the contract will not ex­ (a) Insert the following clause in con­ and the chief of the SPO and no fur­ ceed the scope of effort recited in the tracts if the rates to be paid are those ther approval of such determination and original request. However, minor modi­ prescribed by a regulatory body and it is findings will be required. In the case fications within the stated scope of the intended to pay such rates as changed of procurements under § 3.211 of this work are authorized. from time to time by the regulatory body: title with more than one phase, in (2) Secretarial determinations and * * * * • which the total estimated cost is over findings authorizing negotiation under $100,000 but which are partially financed 10 U.S.C. 2304(a) (14) will be considered (b) Insert the following clause when by amount of $100,Q00, or less, the total to authorize increase in quantities for the any of the following conditions exist: estimated cost will determine the need configuration changes in items provided (1) Rates are not subject to regulation for a determinations and findings to be by any Federal, state, or local regulatory the net result does not invalidate the agency, or (2) the contractor also acts made by the Secretary. basis for the original determinations and (d) Procedure for Secretarial deter­ as the local regulatory agency and its findings nor constitute a basic change in decisions are not subject to review by a minations and findings. (1) Determi­ the procurement. In any event, if the nations and findings authorizing nego­ higher regulatory agency, or (3) there is aggregate increase in quantities exceeds a regulatory agency, but the negotiation tiation under 10 U.S.C. 2304(a) (11) and 50 percent or if any quantity is to be (14) will be prepared and processed as of special rates for governmental agen­ added to an existing contract not within cies is permitted by such regulatory soon as the procurement program be­ the fiscal year in which the determina­ comes reasonably firm, i.e., at least 3 agency. tions and findings was prepared, an ***** months and preferably, but not more amendment to the determinations and than, 6 months prior to estimated con­ findings must be obtained. Such can be (c) Where the Contractor is a Rural tract placement date. Since, in certain obtained by a message to Hq USAF Electrical Cooperative and the rates to situations, this will require submission (AFSPPCA) setting forth the new be paid have been negotiated and are of determinations and findings prior to quantity and either a statement that the not those established by a regulatory receipt of Purchase Authorizations and agency, the following clause will be used: factors cited to justify the original sub­ .* * * * * Requests, the supporting documentation mission have not altered or a brief ex­ will recite the total estimated quantities, planation of any significant changes in Subpart NN— Special Clauses scope of services, or effort expected to be these factors. procured and will set forth the procure­ 1. Revise §§ 1067.4014, 1007.4038 and (3) If a change in requirements ex­ 1007.4041 to read as follows: ment plan and the assumptions on ceeds the limitations authorized in this which it is based. paragraph, the procurement will not be § 1007.4014 Certificate of conformance. (2) Determinations and findings will consummated until a new determinations The following clause will be incor­ be prepared on plain bond paper, un­ and findings covering the increase has dated, and without signature block. An porated into central procurement supply been obtained according to prescribed and services contracts according to original and 10 copies will be submitted procedures. with a letter of transmittal containing § 1014.204-50 of this subchapter and (f) Cancellation. If total require­ § 14.204 of this title unless exempted by complete justification for the determina­ ments are cancelled or if a signed Secre­ other provisions of this subchapter. The tions and findings. tarial determinations and findings is (3) The letter transmitting a determi­ clause may be incorporated into base cancelled or not used for any other procurement contracts according to nations and findings to the Secretary reason, Hq USAF (AFSPPCA) will be so § 1014.204-51 of this subchapter provided is an important document which will be notified through the same channels pre­ the first phrase ending with the word responsive to the requirements imposed scribed for submission of requests for “accepted” is revised to read: “The sup­ by the individual determinations in­ determinations and findings. This noti­ plies or services to be furnished here­ volved. In addition, the letter of trans­ fication will be made immediately after under shall be accepted.” When the mittal will reference previous determina­ deciding that the determinations and clause is incorporated into the contract tions and findings, if any, authorizing findings will not be needed; and the de­ utilizing DD Form 1155, either central negotiation for the same item during terminations and findings will be marked or base procurement, the portions of the the past two fiscal years and will state “cancelled” and placed, together with a clause inclosed in brackets will be the required contract placement date for copy of the letter of notification, in the the current request. omitted. Omission of portion in brackets cancelled PR/MIPR case file. is required because the DD Form 1155 (4) Letters of transmittal will be sub­ Subpart F— Small Purchases does not include either of the contract mitted in an original and five copies and clauses mentioned therein. When this ' for 10 U.S.C. 2304(a) (11) determina­ 1. The following Note is added immedi­ clause is incorporated into a base pro­ tions and findings may be signed by the ately under the Subpart heading, as curement contract, the Certificate of Director or Deputy Director of Procure­ follows: Conformance will be- attached to or en­ ment or by the Director of Research and tered on the invoice. When the clause is Development Contracting. Letters of No t e : Wherever AF Form 385 (Cash Pur­ chase Receipt) or Standard Form 44 (Order, incorporated into a central procurement transmittal for 10 U.S.C. 2304(a) (12) Invoice, Voucher) are designated to be used, contract utilizing DD Form 1155, the through 10 U.S.C. 2304(a) (16) determi­ DD Form 1155 (Order for Supplies and Serv­ Certificate will be attached to or entered nations and findings will be signed by ices) May 1963, may be used. on the DD Form 250. The central pro- 2500 RULES AND REGULATIONS curement PCO will use the language in § 1007.4041 Descriptive identification PART 1012— LABOR alternate paragraph (a) when items are data to be furnished by Government suppliers. Subpart H— Nondiscrimination in Government standard, Air Force ap­ Employment proved industrial specification, commer­ * * • * * cial standard and catalogued, and like D e sc r iptiv e I dentification D ata To B e F ur­ Revise §1 1012.806-1 and 1012.806-4 to items which do not require technical in­ n ish e d b t G o v er n m en t S u p p lie r s (O ct. read as follows: spection at origin, or when the procure­ 1963) § 1012.806-1 General. ment is for $2,500 or less. (a) In items N o .______the contractor * * * * * C e r t i f i c a t e o f C o n f o r m a n c e ( S e p t . 1963) shall furnish item identification data in accordance with MIL—D—26715 (USAF) as in (d) The, AF Equal Employment Op­ (a) [Notwithstanding (a) of the clause portunity Program functions through the hereof entitled “Inspection” or "Inspection of effect on the date of this contract. This Supplies and Correction of Defects,” as the service is included as an item in the contract contract administration function struc­ case may be], any of the supplies or services schedule. Such data shall be delivered to ture within the Deputy Chief of Staff, the Government in accordance with the time to be furnished hereunder may be accepted Procurement and Production, Hq AFSC, without prior Government Inspection upon cycles contained in the specification. No and utilizes the CMR and CMD to ac­ deliveries shall be made on these items until receipt of a Certificate of Conformance of complish the EEO reguirement. the contractor attached to (an invoice or a the contractor receives notification of the ap­ propriate stock numbers or the contract has (e) The CMR commanders and the DD Form 250 as applicable) for supplies or been amended to include these stock num­ CMD chiefs as well as the DCS/Pro- services reading substantially as follows, pro­ curement and Production, Hq AFSC, have vided the contractor has been notified by the bers. Any delay on the part of the Govern­ Inspection Activity that the Certificate is ment to adhere to the time cycle set forth been designated as DCCOs. in the specification shall be considered an * * * * * appropriate: (Alternate) excusable delay within the meaning of the (a) [Notwithstanding (a) of the clause § 1012.806—4 Compliance reports. hereof, entitled “Inspection” or “Inspection clause of this contract entitled “Default” or “Excusable Delays.” Any such excusable de­ (a) No implementation. of Supplies and Correction of Defects," as the lay will automatically extend the delivery case may be], the Government will accept schedule by the time of the delay. (b) The contracting officer will fur­ any of the supplies or services to be furnished nish the contractors a sufficient number hereunder without prior Government inspec­ [D ate Deleted] of report forms (Standard Forms 40 and tion upon receipt of a Certificate of Conform­ 40a) to satisfy the requirements of ance of the contractor attached to a (DD * * * * * Form 1155 or DD Form 250, as applicable) for § 12.806-4 (a) of this title. Contracting 2. In § 1007.4028, add new Note 3 im­ officers may requisition required forms supplies or services, reading substantially as mediately preceding paragraph (b), as follows: through normal AF distribution channels. I hereby certify that I did, on th e ------follows: - * * * * * (Date) § 1007.4028 Estimated requirements. o f ______19—, ship v ia ------— (d) Compliance reports required by (Month) (Name of Carrier) ***** I 12.806-4(d) of this title and requested o n ______E stim a ted R equirements ( J a n . 1963) by the contracting officer will be sub­ (BUI of Lading No., Receipt, etc.) • • • • • mitted to Hq USAF (AFSPPBA) through accordance with shipping instructions issued (3) When it is contemplated that the pro­AFSC (SCKM). by the Contracting Officer, the supplies caUed cedures in § 1003.653 of this subchapter will (e) Statements required by § 12.806- for by Contract Number ------(Insert contract number) be used in placing requirements against the 4(e) of this title will be submitted to Hq contract, action will be taken to annotate that such supplies were in the quantities and USAF (AFSPPBA) th ro u g h AFSC the “Alterations in Contract” clause to re­ (SCKM). of the quality called for, and were in all re­ quire deletion (ii) of Paragraph (b). spects in accord with the applicable specifica­ ***** tions o r ______called ***** (g ) * * * (Complete the services) 3. Add new § 1007.4068 as follows: for by Contract Number------— (4) The contracting officer will fur­ (Insert contract number) § 1007.4068 Purchase of crude rubber. nish the contractors a sufficient supply Item ______and that such of SF 41 to satisfy the reporting require­ (Insert item number) The following clause will be inserted ments for the prime and its subcontrac­ services were in the quantity and of the in all contracts for aircraft tires. In ad­ tors. Contracting officers may requisi­ quality Called for, and were in all respects dition, any contract for aircraft, under tion required forms through normal AF in accord with the applicable specifications. distribution channels. Requests for sup­ This statement is furnished to support pay­ which the aircraft contractor is to fur­ ment of the attached invoice. nish tires, will contain a provision which plies of SF 41 will not be made directly to ***** requires the contractor to insert the the President’^Committee. * * * *• * ' „ Five copies of the Certificate of Con­ same clause in any subcontract for air­ formance will be attached t° copies of craft tires: the DD Form 1155 or DD Form 250 which P urch ase o f Crude R u bber (N ov. 1963) Part 1014 is revised to read as follows: are provided the Air Force Accounting PART 10T4— INSPECTION AND and Finance Officer paying the contract. The Contractor shall purchase from the General Services Administration, either di­ ACCEPTANCE § 1007.4038 Price warranty. rectly or through a dealer, during the life of this contract, such quantity of crude nat­ Sec. The price warranty clause, while not ural rubber as equals the quantity of natural 1014.000 Scope of part. applicable to advertised procurements, rubber contained in the tires to be delivered Subpart A— Inspection may be used in any negotiated fixed-price under t-hiw contract. Each order for rubber 1014.102 Activities responsible for in­ placed with the General Services Adminis­ contract. This clause is suitable for use spection. tration pursuant to this clause shall state in contracts for commercial items, or 1014.105 Places of inspection. where a cost breakdown of a contractor’s that it has been placed in accordance with 1014.106 Inspection of small purchases costs is not available or not persuasive. the provisions of this clause and shall iden­ ($2,500 or less). For contracts containing escalation pro­ tify this contract by number and name of issuing activity. The price to be paid for Subpart B— Acceptance visions, see § 1003.404—3 of this subchap­ such rubber shall be the same as that 1014.204 Responsibility for acceptance. ter. charged by the General Services Adminis­ 1014.204- 50 Central procurements. £. P r ic e W a r r a n t y tration on its concurrent commercial sales 1014.204- 51 Base procurement. The Contractor warrants that the prices of like quality. Rubber purchased pursuant to *Tda clause may be used in any manner Auth o rity: The provisions of this Part of the items set forth herein do not ex­ 1014 issued under sec. 8012, 70A Stat. 488; ceed those charged by the Contractor to any the contractor desires and need not be ear­ marked in any way after delivery to the 10 U.S.C. 8012. Interpret or apply secs. 2301- other customer purchasing the same items 2314, 70A Stat. 127-133; 10 U.S.C. 2301-2314. in like or comparable quantities. Contractor. Saturday, February IS, 1964 FEDERAL REGISTER 2501 § 1014.000 Scope of part. Inspection and acceptance of the preserva­ tion, packaging, and shipping of the above (c) Supplies or services are being pro­ This part sets forth general policy and material will be at cured by an oversea activity and the basic requirements for the inspection and shipment must cross an international acceptance of supplies and services. (Insert packaging sub-contractor plant(s) border, or location) Subpart A— Inspection Options (a) and (b) will be most com­ PART 1016— PROCUREMENT FORMS § 1014.102 Activities responsible for in­ monly used. Option (c) may be used, Subpart C— Purchase and Delivery spection. for example, where the contractor fur­ nishes supplies requiring source inspec­ Order Forms (a) APSC for the United States, Can­ tion and also performs work, such as in­ 1. The following Note is added im­ ada, Caribbean Area, Bahama Islands, stallation, at destination which requires mediately under the Subpart heading, Bermuda, Ascension Islands, Greenland further inspection prior to acceptance. as follows: and Iceland, and AFLC for overseas and The inspection at source will be complete No t e : Wherever AF Form 385 (Cash Pur­ remaining geographical areas are re­ as to the performance of work required sponsible for assuring the accomplish­ chase Receipt) or Standard Form 44 (Order, of the contractor at that location and Invoice, Voucher), are designated to be used, ment within the Air Force of the procure­ normally should not be duplicated at DD Form 1155 (Order for Supplies and Serv­ ment quality control objectives of the destination. Option (d) may be used in ices) May 1963, may be used. Department of Defense. those instances where it is in the Govern­ (b) AFSC and AFLC within their 2. Revise §§ 1016.303-1 (a) (1) (ii) and ment’s interest for acceptance to pre­ 1016.303-2(b) (5) to read as follows: above assigned geographical areas of re­ cede inspection. Where option (e) is sponsibilities will normally accomplish used, final inspection and acceptance § 1016.303—1 General. inspection and acceptance functions at will be considered to have been accom­ contractor’s facilities. Where contrac­ (a) (1) * * * plished at the packaging subcontractor’s (ii) When the DD Form 1155 is used tors are to perform work or services at plant(s) or location(s). AF installations, the technical and in­ the evidence of receipt may be indicated spection capabilities of such installations § 1014.106 Inspection of small pur­ by completing the receiving portion of will be used to the fullest extent prac­ chases ($2,500 or less). the Form or by use of DD Form 250. If the DD Form 1155 is used as the receiving ticable for accomplishing these func­ (a) Where inspection at source is re­ tions. (For example, see TO 00-25-199, report when utilizing the Certificate of quired a special provision will be in­ Conformance (§§ 1007.4014, 1014.204-50 Administrative Use and Support of Con­ serted in the “schedule” section of the tractor Field Retrofit Teams). and 1014.204-51 of this subchapter), DD Form 1155, Purchase Order or only the block marked “Accepted” will be § 1014.105 Places of inspection. Blanket Purchase Agreement, to so state. checked and the words “and conforms to (b) The PCO will incorporate the contract” deleted. To aid in determining points of in­ Certificate of Conformance clause in ***** spection and acceptance according to § 1007.4014 of this subchapter with al­ §§ 14.105, 14.106, 14.203 of this title and ternate paragraph (a) into central pro­ § 1016.303—2 Conditions for use. § 1001.1302 of this subchapter, the pro­ curement contracts for small purchases ***** curing and quality control (inspection) ($2,500 and under) in all instances except (b) * * * activities will collaborate in establishing where inspection is required. (5) When DD Form 1155 is used for categories of supplies appropriate for central procurement of supplies the source of destination inspection and ac­ Subpart B— Acceptance appropriate clause in § 1007.4014 of this ceptance. Unless there are compelling subchapter, “Certificate of Conform­ reasons, there will be only one inspection § 1014.204 Responsibility for accept­ ance. ance,” will be added (also see § 1014.106 of material. Where preservation, pack­ of this subchapter). aging, packing, and shipping are accom­ § 1014.204—50 Central procurements. plished at a point other than where the PART 1054— CONTRACT supplies are to be manufactured, the ma­ All central procurement contracts for supplies or services, except those of ADMINISTRATION terial must be inspected at the point of $2,500 or less will include the appropriate manufacture. If it is desired that the clause in § 1007.4014 of this subchapter Subpart O— Preparation and Issuance packaging be inspected at the point “Certificate of Conformance.” The de­ of Shipping Instructions where the packaging is accomplished termination as to the use of contractor’s Revise §§ 1054.1502 through 1054.1504 this should be so stated in the contract. certificate of conformance will be made and 1054.1506 (a) and (e) to read as Normally the point(s) of inspection and by the quality control representative of follows: acceptance will be specified in the con­ the administering activity on the basis § 1054.1502 Application. tract by using one of the following of experience, knowledge, and optimum options: utilization of quality control effort, ex­ (a) * * * cept in those cases where the DD Form (4) Call-type or open contracts. (a) Inspection and acceptance at 1155 has directed the use of the certifi­ * * * * * cate of conformance by the contractor (b) * * * (Insert contractor’s plant or other source (J) * * * location(s)) pursuant to § 1014.106 of this subchapter. (b) Inspection and acceptance at (i) Original shipping instructions, if § 1014.204^51 Base procurement. not contained in this contract, and (Insert the destination point(s) ) The clause in § 1007.4014 of this sub­ amendments to existing shipping in­ (c) Inspection at chapter, “Certificate of Conformance,” structions for material on this contract may be issued directly to contractor by (Insert the source location(s) ) may be included in base procurement with acceptance at contracts when the contracting officer (unit code) of applicable Navy Bureau has determined that inspection prior to and Navy Office). (Insert the destination point(s) ) acceptance is unnecessary, the f.o.b. point ***** (d) Inspection at and point of acceptance are specified as (3) Shipping instructions for com­ source and one of the following condi­ plete aircraft, missile and target drones (Insert the destination(s) ) tions exists: (excluding guided aircraft rockets) in with acceptance at (a) Delivery will be made directly Federal Supply Class 1410, 1510, 1520, (Insert the source(s)) from the contractor to an accountable and 1550, as listed in Appendix 9, AFLCR (e) Inspection and acceptance of materialsupply officer at a destination other than 23-1, will be issued by the Aerospace will be at the procuring base. Division (MCSC), Directorate of Supply, (b) Delivery will be made to a POE, Hq AFLC, directly to AF plant repre­ (Insert contractor’s plant(s) or other source APOE, or APO for shipment to an over­ sentative office. location (s) ) sea activity. * * * * * 2502 RULES AND REGULATIONS or electrically transmitted messages. If (Sec. 8012, 70A Stat. 488; 10 U.S.C. 8012. § 1054.1503 Responsibilities. Interpret or apply secs. 2301-2814, 70A Stat. * • • • • • requested by telephone, a confirming 127-133; 10 U.S.O. 2301-2314) [AFPI Rev. No. (b) Contracts executed a t AMAs. AFPI Form 44 will be forwarded to the 35, Oct. 31, 1963. AFPC Nos. 91, Nov. 5, 1963; Designated contracting officers will issue shipping instruction activity within 25 93, Nov. 19, 1963; 94, Nov. 20, 1963; 97, Nov. original and amended shipping instruc­ hours. Electrically transmitted requests 27, 1963] will state “Request Shipping Instruc­ tions (except amended shipping instruc­ By the order of the Secretary of the tions referred to in paragraph (d) of this tions” or “Amended Shipping Instruc­ tions” and be arranged in paragraph Air Force. section on (1) Contracts executed at W illiam L. K och, prime AMAs, (2) contracts assigned for form, each paragraph prefixed by the ht. Colonel, U.S. Air Force, complete buying responsibility, and (3) same number as the equivalent block Chief, Special Activities other AFSC ASD executed contracts as on AFPI Form 44. Group, Office of The Judge specifically directed by ASWGDE. * * * * * Advocate General. (c) Contracts executed by AFSC BSD (e) When distribution is controlled by [F.R. Doc. 64-1548; Piled, Feb. 14, 1964; and AFSC ESD. . (1) For property for directorate of materiel management, 8:49 a.m.] which the directorate of materiel man­ AMA, each AFPI Form 44, initiated to agement, AFLC AMA has distribution request amended shipping instructions, and storage responsibility: will: • * • * * * * * * * Title 43— PUBLIC LANDS: (d) Administrative contracting offi­ cers of certain AFPROs. Administra­ PART 1057— REPORTS INTERIOR tive "contracting officers of the following listed AFPROs are authorized to: (1) Subpart L— Contractor Estimate of Chapter I— Bureau of Land Manage­ Issue amended shipping instructions Provisioning Fund Requirements ment, Department of the Interior upon receipt of AFPI Form 44, Request SUBCHAPTER L— MINERAL LANDS for Issuance of Shipping Instructions, Revise §§ 1057.1201, 1057.1202 and from inventory manager on other air­ 1057.1204 to read as follows: [Circular 2135] craft-missile contracts, AMA executed § 1057.1201 Applicability of subpart. PART 192— OIL AND GAS LEASES contracts, and/or contracts assigned for complete buying and/or shipping in­ (a) The provisions of this subpart are PART 200— MINERAL DEPOSITS IN structions responsibility, (2) make what­ applicable to all directorates of materiel ACQUIRED LANDS AND UNDER ever changes are deemed necessary in management (D/MM) having provision­ RIGHTS-OF-WAY the AFPI Form 44 before issuing the ing monitorship over AF and MAP con­ shipping instructions, and (3) notify rq? tracts and over AF and MAP equities in Miscellaneous Amendments quester of changes made. contracts of other departments and to all activities having administrative re­ On page 10883 of the F ederal R egister ***** of October 10, 1963, there was published § 1054.1504 Shipping instruction activ­ sponsibilities for such contracts. (b) Reports will be submitted on a proposal to amend 43 CFR 192.42, ities. 192.43 and 200.8. * * * • * active production contracts containing AF and MAP funds for the provisioning The primary purpose of the proposed (c) Amended shipping instructionsof spares, spare parts, and aerospace amendments was to facilitate the proc­ against open or call type contracts will ground equipment (AGE) upon deter­ essing of oil and gas lease offers simul­ quote applicable production list or call mination of needs and on an “as called taneously filed pursuant to the regula­ numbers. for” basis only, not to exceed one report tions in 43 CFR 192.43. ***** Interested persons were given 30 days per month. (g) Changes in packaging will be in­ (c) The D/MM having provisioning within which' to submit written com­ corporated into shipping instructions by: monitorship over the contract may call ments, suggestions or objections with (1) Transferring the pertinent packag­ for reporting on contracts, provided both respect to the proposed amendments. ing data to an AFPI 71-163 (reproducible of the following conditions exist: After consideration of all of the com­ master) and indicating in the shipping (1) Items of provisioned spares, spare ments and suggestions received during instructions that packing and packaging parts, tools, test equipment, and aero­ that period the following changes and will be according to attached AFPI 71- space ground equipment on the contract modifications were made in the proposed 163 or (2) including the pertinent detail amendments. The proposal to amend total more than $100,000. paragraph g(2) of § 192.42 has been re­ onto the shipping instruction master, (2) It will take more than 120 days appropriately identified as “Packing” voked. The proposal to establish leasing from date of contract to completely units under § 192.43(b) has been retained and “Packaging.” When AFPI 71-163 define all the item requirements. (reproducible master) is used, all copies but this section has been clarified by of shipping instructions distributed will § 1057.1202 Responsibilities. insertion of the phrase “In accordance have attached the. appropriate packing (a) The D/MM requiring the report with paragraph (c) of this section.” Sec­ tion 192.43(c) has been modified to pro­ and packaging instructions. will: (i) The opinion stated by the packag­ (1) Initiate AFPI Form 73, Report of vide that an entry card on Form 4-1164 ing control officer as to increase and/or Provisioning Fund Requirements, ac­ will constitute an applicant’s offer to decrease in packaging costs of the con­ cording to § 1057.1203 (a) through (I). lease a numbered leasing unit rather than tract will be suitably annotated on copies A sufficient number of copies will be pre­ require that such a card accompany an of the shipping instructions which are pared to provide one copy for the ACO, offer on the standard offer to lease and routed to the administrative contracting one copy for the contractor, and to afford lease form as was originally proposed. officer and on the record copy. distribution to project/program officers Sections 192.42(a) and 200.8(a) have * * _ * * * who will require the data to accomplish been clarified to make it clear that the necessary management of the individual use of an entry card is limited to simul­ § 1054.1506 Initiators of AFPI Form funds projects/programs involved. The taneous filings of oil and gas lease offers 44. copy should reach the ACO no later than under § 192.43. This was accomplished (a) When original or amended ship­ the 25th calendar day of the month the by inserting the phrase, “Except as pro­ ping instructions are required to be report is to cover. vided in § 192.43,” at the beginning of issued, initiators of procurement or ac­ (b) The ACO will assure completion of these respective sections. A new sub- tivities responsible for property distribu­ the report and will be responsible for paragraph (3) has been added to § 192.43 tion will carefully prepare AFPI Form effecting distribution. (cX providing for the earning and de­ positing of advance rentals of the suc­ 44, “Request for Issuance of Shipping § 1057.1204 BOB approval. Instructions,” in duplicate and direct it cessful drawee. as necessary to comply with § 1054.1503. Bureau of the Budget Approval No. The amendments are hereby adopted Where urgency requires, shipping in­ 21-R058.4 is assigned, expiration date as set forth below and shall become effec­ structions may be requested by telephone January 31,1964. tive at the beginning of the 60th calendar Saturday, February 15, 1964 FEDERAL REGISTER 2503

day following publication in the F ederal 200,000 acres may be held under option, the posted list may not be included R egister. or exceeds the permissible acreage in therein. 1. Paragraphs (a), (b), (c), (e)(1), Alaska as set forth in § 192.3(a). The (2) The entry card must be accompa­ and (4)(i), and (g)(1) of § 192.42 are statement by the principal (offeror) may nied by separate remittances covering the amended to read as follows: be filed ■within 15 days after the filing of filing fee of $10 and the first year’s ad­ § 192.42 Offer to lease, and issuance of the offer. This requirement does not ap­ vance rental. The advance rental must lease. ply in cases in which the attorney in fact be paid by cash, money order, certified or agent is a member of an unincor­ check, bank draft, or bank cashier’s (a) Except as provided in § 192.43, to porated association (including a partner­ obtain a noncompetitive lease an offer to check. The filing fee may be paid by a ship), or is an officer of a corporation similar remittance or by uncertified accept such lease must be made on Form and has an interest in the offer or the check. 4-1158. "Offer to lease and lease for lease to be issued solely by reason of the (3) Upon determination of the suc­ oil and gas,” or on unofficial copies of fact that he is a member of the associa­ cessful drawee for a particular leasing that form in current use: Provided, That tion or a stockholder in the corporation. unit, the first year’s rental will not be the copies are exact reproductions of one * * * • * returnable and will be earned and de­ page of both sides of the official approved (g)(1) Except as provided in subpara­ posited in the United States Treasury one page form and are without additions, upon execution of the lease in behalf of omissions or other changes or advertis­ graph (2) of this paragraph, an offer which is not filed in accordance with the United States. However, if an appli­ ing. Form 4-1158 or a valid reproduc­ cant withdraws his entry card prior to the tion of the official form will also consti­ the regulations in this part will be re­ jected and will afford the offeror no drawing or if his offer to lease is rejected, tute the lease when signed by the Man­ the advance rental will be returned to ager of the Land Office. priority. * * * * * him, and if the successful drawee is un­ (b) Five copies of Form 4-1158, or qualified to receive the lease, the lands valid reproduction thereof, for each offer 2. Paragraphs (b) and (c) of § 192.43 are amended to read as follows: in the numbered leasing unit for which to lease shall be filed in the proper land such entry card was submitted shall be office, or for land or deposits in States § 192.43 Availability of lands to further included in a simultaneous filing drawing for which there are no land offices, with lease offers where noncompetitive procedure to be held during the next >the Director of the Bureau of Land lease expires, is cancelled, relin­ or a following month thereafter. Unsuc­ Management, Washington 25, D.C.1 For quished or terminated. cessful drawees will be notified accord­ the purpose of this part an offer will ***** ingly by the return of their respective be considered filed when it is received entry cards. in the proper office during business (b) On the third Monday of each hours. month, or the first working day there­ ***** after, if the land office is not officially (c) If there is any variation in the § 192.44 [Deleted] land descriptions among the five Forms open on the third Monday, there will be 4-1158, the copy showing the date and posted on the bulletin board in each 3. Section 192.44 is deleted. time of receipt in the land office will land office a list of the lands in leases 4. Paragraphs (a), (b), and (d) of control. which expired, were cancelled, were re­ § 200.8 are amended to read as follows: * * * * * linquished in whole or in part, or which terminated, together with a notice stat­ § 200.8 Offer to lease and issuance of (e) Each offer, when first filed, shalling that such lands will become subject lease. be accompanied by: to the simultaneous filings of lease offers, (1) A filing fee of $10 which will be in accordance with paragraph (c) of (a) Except as provided in § 192.43 of retained as a service charge, even though this section, from the time of such post­ this chapter, to obtain a noncompetitive the offer should be rejected or withdrawn ing until 10 a.m. on the fifth working oil and gas lease of an existing mineral in whole or in part. day thereafter. The posted list will interest whether the Government’s in­ * * * * * terest be whole or fractional, an offer describe the lands by leasing units iden­ to lease must be made on Form 4-1196, (4) (i) If the offer is signed by an at­tified by parcel numbers, which will be “Offer to Lease and Lease for Oil and torney in fact or agent, it shall be ac­ supplemented by a description of the Gas; Noncompetitive Acquired Lands” companied by separate statements over lands in accordance with § 192.42a, i.e., by subdivision, section, township and or unofficial copies of that form in cur­ the signatures of the attorney in fact or rent use: Provided, That the copies are agent and the offeror stating whether or range if the lands are surveyed or offi­ exact reproductions of one page of both not there is any agreement or under­ cially protracted, or if unsurveyed, by sides of the official approved one-page standing between them or with any other metes and bounds. The leasing units will form and are without additions, omis­ person, either oral or written, by which be established to coincide to the extent sions or other changes or advertising. the attorney in fact or agent or such possible with the lands in an expired, Form 4-1196, or a valid reproduction, other person has received or is to receive cancelled, relinquished or terminated will also constitute the lease, whfen any interest in the lease when issued, in­ lease except that where two or more such signed by the authorized signing officer cluding royalty interest or interest in any leases were contiguous and contained a of the Bureau of Land Management. operating agreement under the lease, total of 640 acres or less, they may be (b) Seven copies of Form 4-1196, or giving full details of the agreement or consolidated into one leasing unit. valid reproduction thereof, for each understanding if it is a verbal one. The (c) Offers to lease such designated offer to lease shall be filed in the land statement must be accompanied by a leasing units by parcel numbers must be office for the State or land district in copy of any such written agreement or submitted on a “Simultaneous Oil and which the land is situated, or for land understanding. If such an agreement or Gas Entry Card” (Form 4-1664) signed or deposits in States for which there are understanding exists, the statement of and fully executed by the applicant or no land offices, with the Bureau of Land the attorney in fact or agent should set his duly authorized agent in his behalf. Management, Washington 25, D.C., forth the citizenship of the attorney in The entry card will constitute the appli­ except that offers for lands or depos­ fact or the agent or other person and cant’s offer to lease the numbered leas­ its in North Dakota or South Dakota, whether his direct and indirect interests ing unit by participating in the drawing must be filed in the land office at Bill­ in oil and gas leases, applications, and to determine the successful drawee. By ings, Montana; for lands or deposits in offers including options for such leases signing and submitting the entry card, Nebraska or Kansas in the land office or interests therein exceed 246,080 acres the applicant agrees that he will be bound at Cheyenne, Wyoming; and for lands to a lease on Form 4-1158 for the de­ in any one State, of which no more than scribed parcel if such a lease is issued to or deposits in Oklahoma and Texas’ in him as a result of the drawing. Only one the land office at Santa Fe, New Mexico. 1 Offers for lands or minerals deposits in For the purpose of this part an offer the following States should be filed at the entry card will be drawn for each num­ land office named: North Dakota or South bered leasing unit. will be considered filed when it Is re­ Dakota, land office at Billings, Montana; (1) Only one complete leasing unit, ceived in the proper office during busi­ Nebraska or Kansas, at Cheyenne, Wyoming; identified by parcel number may be in­ ness hours. Oklahoma, at Santa Fe, New Mexico. cluded in one entry card. Lands not on * * * * • 2504 RULES AND REGULATIONS (d) Except as provided in § 192.42 (g) (2) of this chapter an offer which is not filed in accordance with the ap­ plicable regulations in Part 192 of this chapter or in this part will be rejected and will afford the applicant no priority. • * * * * S tewart L. Udall, Secretary of the Interior. F ebruary 12, 1964. [FJR. Doc. 64-1580; Plied, Feb. 14, 1964; 8:52 a.m.] Proposed Rule Making

radius zone to 8 miles northwest of the VOR Federal airway No. 169 extends in DEPARTMENT OF HEALTH, EDU­ VOR. part from Smithwick, S. Dak., to Rapid This would provide protection for air­ City, S. Dak. The Agency has under con­ CATION, AND WELFARE craft executing prescribed instrument sideration the extension of this airway approach and departure procedures at from Rapid City via Dupree, S. Dak., to Food and Drug Administration Esler Field based on the Esler VOR Bismarck, N. Dak. Rapid City and Bis­ [ 21 CFR Parts 12T, 146, 146a, 146b, and would eliminate the extension based marck are certified air carrier stops. 146c, 146e 1 on the Esler Field radio beacon which Under Agency Airway Planning Stand­ is to be decommissioned. Further re­ ard No. 2 dated September 1960, these INFECTION IN CHICKENS view of the controlled airspace require­ two terminals qualify for a connecting ments in the Alexandria, La., area will be airway. The alignment of the proposed Proposed Nomenclature Change; Ex­ accomplished under the CAR Amend­ extension of Victor 169 via Dupree would tension of Time for Filing Comments ments 60-21/60-29 implementation pro­ be to provide adequate navigational In the matter of nomenclature change gram. guidance along the proposed extension. with regard to Mycoplasma gallisepti- Interested persons may submit such Interested persons may submit such cum infection in chickens: written data, views or arguments as they written data, views or arguments as they The notice of proposed rule making in may desire. Communications should be may desire. Communications should be the above-identified matter was pub­ submitted in triplicate to the Director, submitted in triplicate to the Director, Southwest Region, Attn: Chief, Air lished in the F ederal R egister of Janu­ Central Region, Attn: Chief, Air Traffic ary 1, 1964 (29 F.R. 15), and granted a Traffic Division, Federal Aviation Agency, Division, Federal Aviation Agency, 4825 period of 30 days for the filing of com­ P.O. Box 1689, Fort Worth, Texas, Troost Avenue, Kansas City, Mo., 64110. ments. The Commissioner of Food and 76101. All communications received All communications received within Drugs has received a request for an ex­ within thirty days after publication forty-five days after publication of this tension of time for filing comments. of this notice in the F ederal R egister notice in the F ederal R egister will be will be considered before action is taken considered before action is taken on the Good reason therefor appearing, the on the proposed amendment. No public time for filing comments in this matter proposed amendment. No public hearing is extended to March 1, 1964. hearing is contemplated at this time, is contemplated at this time, but ar­ but arrangements for informal confer­ rangements for informal conferences This action is taken pursuant to sec­ ences with Federal Aviation Agency offi­ tions 409(d) and 701(e) of the Federal with Federal Aviation Agency officials cials may be made by contacting the Re­ may be made by contacting the Regional Food, Drug, and Cosmetic Act (52 Stat. gional Air Traffic Division Chief, or the 1055 as amended: 72 Stat. 1787; 21 U.S.C. Air Traffic Division Chief, or the Chief, Chief, Airspace Regulations and Pro­ Airspace Regulations and Procedures Di­ 357(d), 371(e)), and under the author­ cedures Division, Federal Aviation ity delegated to the Commissioner by vision, Federal Aviation Agency, Wash­ Agency, Washington, D.C. Any data, ington, D.C., 20553. Any data, views or the Secretary of Health, Education, and views or arguments presented during Welfare (21 CFR 2.90; 29 F.R. 471). arguments presented during such con­ such conferences must also be sub­ ferences must also be submitted in writ­ Dated: February 10, 1964. mitted in writing in accordance with this ing in accordance with this notice in notice in order to become part of the order to become part of the record for Geo. P. L arrick, Commissioner of Food and Drugs. record for consideration. The proposal consideration. The proposal contained contained in this notice may be changed in this notice may be changed in the light [FR. Doc. 64-1546; FUed, Feb. 14, 1964; in the light of comments received. of comments received. 8:49 a.m.] The official Docket will be available The official Docket will be available for for examination by interested persons at examination by interested persons at the the Federal Aviation Agency, Office of Federal Aviation Agency, Office of the the General Counsel: Attention Rules Qeneral Counsel: Attention Rules FEDERAL AVIATION AGENCY Docket, 800 Independence Avenue SW., Docket, 800 Independence Avenue SW., U 4 CFR Part 71 [New] ] Washington, D.C., 20553. An informal Washington, D.C., 20553. An informal docket will also be available for exami­ [Airspace Docket No. 64-SW -l] docket will also be available for exam­ nation at the office of the Regional Air ination at the office of the Regional Air CONTROL ZONE Traffic Division Chief. Traffic Division Chief. This amendment is proposed under This amendment is proposed under sec. Proposed Alteration sec. 307(a) of the Federal Aviation 307(a) of the Federal Aviation Act of Notice is hereby given that the Fed­ Act of 1958 (72 Stat. 749; 49 U.S.C. 1348). 1958 (72 Stat. 749; 49 U.S.C. 1348). eral Aviation Agency is considering an Issued in Washington, D.C., on Febru­ Issued in Washington, D.C., on Febru­ amendment to Part 71 [New] of the Fed­ ary 6,1964. ary 6, 1964. eral Aviation Regulations, the substance D. E . B arrow, D. E. B arrow, of which is stated below. Acting Chief, Airspace Regula­ Acting Chief, Airspace Regula­ The Alexandria, La. (Esler Field) con­ tions and Procedures Divi­ tions and Procedures Divi­ trol zone is designated within a 5-mile sion. sion. radius of Esler Field and within 2 miles [F.R. Doc. 64-1499; Filed, Feb. 14, 1964; [F.R. Doc. 64-1500; FUed, Feb. 14, 1964; either side of the 327# True bearing from 8:45 a.m.] the Esler Field radio beacon extending 8:45 a.m.] from the 5-mile radius zone to the radio beacon. [14 CFR Part 71 [New] ] [14 CFR Part 71 [New] ] The Federal Aviation Agency has un­ . [Airspace Docket No. 63-CE-144] [Airspace Docket No. 63-CE-146] der consideration the alteration of the Esler Field control zone by revoking the FEDERAL AIRWAY FEDERAL AIRWAY control zone extension based on the 327° True bearing from the Hsler Field radio Proposed Alteration Proposed Alteration beacon and designating an extension Notice is hereby given that the Federal Notice is hereby given that the Federal within 2 miles either side of the newly Aviation Agency is considering an Aviation Agency is considering an installed Esler Field VOR (latitude 31 °- amendment to Part 71 [New] of the Fed­ amendment to Part 71 [New] of the 6'512" N., longitude 92°19'18" W.) 338° eral Aviation Regulations, the substahce Federal Aviation Regulations, the sub­ True radial extending from the 5-mile of which is stated below. stance of which is stated below. No. 33------5 2505 2506 PROPOSED RULE MAKING

VOR Federal airway No. 170 is desig­ Livingston. VOR Federal airway No. 86 I 14 CFR Part 71 [New! 1 nated in part from Nodine, Minn., to is designated in part from Whitehall, [Airspace Docket No. 63—SO-83] Dells, Wis. The Federal Aviation Agency Mont., to Bozeman. VOR Federal air­ is considering the designation of an ad­ way No. 127 is designated from Living­ FEDERAL AIRWAYS, SEGMENTS, AND ditional segment of Victor 170 from ston, via the intersection of Livingston TRANSITION AREA Sioux Falls, S. Dak., via Worthington, 323° and Helena 119° True radials; to Minn., intersection of Worthington 090° Helena. Alteration, Revocation, and and Mankato, Minn., 212° True radials; The FAA is considering the following Designation Mankato to Farmington, Minn. This ac­ airspace actions: tion would provide a connecting airway 1. Redesignate V-2 airway segment Notice is hereby given that the Fed­ between the permanently scheduled air- from Helena via the intersection of eral Aviation Agency is considering carrier stops of Sioux Falls, Worthing­ Helena 119° and Livingston 323° True amendments to Part 71 [New] of the ton, Fairmont, Minn., Mankato and radials; to Livingston. Federal Aviation Regulations, the sub­ Farmington. 2. Extend V-86 airway from Bozeman stance of which is stated below. via the intersection of Bozeman 157° and VOR Federal airways Nos. 97 and 843 Interested persons may submit such are designated in part from Albany, Ga., written data, views or arguments as Livingston 261° True radials; to Living­ they may desire. Communications ston. via the intersection of Albany 350° and should be submitted in triplicate to the 3. Revoke V-127 airway from Living­ Atlanta, Ga., 179° True radials; to At­ ston to Helena. lanta, including an east alternate to Director, Central Region, Attn: Chief, Victor 97 via the intersection of Albany Air Traffic Division, Federal Aviation This proposed realignment of V-2, ex­ tension of V-86 and revocation of V-127 010° and Atlanta 164° True radials. Agency, 4825 Troost Avenue, Kansas City, VOR Federal airway No. 243 west alter­ Mo., 64110. All communications received would provide better route continuity for air traffic operating between Helena and nate is designated in part from Vienna, within forty-five days after publication Ga., to Atlanta via the intersection of F ederal R egister Livingston and from Bozeman to Living­ of this notice in the Vienna 286° and Atlanta 164Q True will be considered before action is taken ston. The FAA’s latest IFR peak day airway traffic survey shows no aircraft radials. on the proposed amendment. No public The Federal Aviation Agency is con­ hearing is contemplated at this time, but movements for the airway segment be­ sidering the realignment of Victors 97 arrangements for informal conferences tween Helena and Bozeman. Therefore, it appears that the retention of this air­ and 843 direct between Albany and At­ with Federal Aviation Agency officials lanta. It is also proposed to revoke the may be made by contacting the Regional way segment is unjustified as continued assignment of airspace. The segment of segment of Victor 97 east alternate be­ Air Traffic Division Chief, or the Chief, •> V-127 between Helena and Livingston tween Albany and Atlanta and to revoke Airspace Regulations and Procedures Di­ would be replaced by the realigned seg­ the segment of Victor 243 west alternate vision, Federal Aviation Agency, Wash­ ment of V-2. between Vienna and Atlanta. The re­ ington, D.C., 20553. Any data, views or Interested persons may submit such alignment of Victors 97 and 843 as pro­ arguments presented during such con­ written data, views or arguments as they posed would improve air navigation and ferences must also be submitted in writ­ may desire. Communications should be reduce the route mileage between Atlanta ing in accordance with this notice in submitted in triplicate to the Director, and Albany. The latest Federal Aviation order to become part of the record for Central Region, Attn: Chief, Air Traffic Agency IFR peak day airway traffic sur­ consideration. The proposal contained Division, Federal Aviation Agency, 4825 vey for these alternate airway segments in this notice may be changed in the light Troost Avenue, Kansas City, Mo., 64110. shows a maximum of one aircraft move­ of comments received. All communications received within ment between Albany and Atlanta and The official Docket will be available forty-five days after publication of this no aircraft movements between Vienna for examination by interested persons at notice in the F ederal R egister will be arid Atlanta. Therefore, it would appear the Federal Aviation Agency, Office of considered before action is taken on the that these segments of Victor 97 east the General Counsel: Attention Rules proposed amendment. No public hear­ alternate and Victor 243 west alternate Docket, 800 Independence Avenue SW., ing is contemplated at this time, but ar­ are unjustified as assignments of air­ Washington, D.C., 20553. An informal rangements for informal conferences space and that they could be revoked. docket will also be available for examina­ with Federal Aviation Agency officials The revocation of the segments of Victor tion at the office of the Regional Air may be made by contacting the Regional 97 east alternate and Victor 243 west Traffic Division Chief. Air Traffic Division Chief, or the Chief, alternate as proposed herein, would re­ This amendment is proposed under Airspace Regulations and Procedures Di­ voke controlled airspace now utilized for sec. 307(a) of the Federal Aviation vision, Federal Aviation Agency, Wash­ radar vectors of aircraft arriving at At­ Act of 1958 (72 Stat. 749; 49 U.S.C. 1348). ington, D.C., 20553. Any data, views or lanta from the south and departing from Issued in Washington, D.C., on Febru­ arguments presented during such con­ Atlanta for points south. Therefore, to ary 6,1964. ferences must also be submitted in writ­ retain this controlled airspace, it is pro­ D. E. B a r r o w , ing in accordanuce with this notice in posed to designate the Junction City, Ga., Acting Chief, Airspace Regula­ order to become part of the record for transition area as that airspace extend­ tions and Procedures Divi­ consideration. The proposal contained ing upward from 1,200 feet AG within sion. in this notice may be changed in the light that area bounded on the east by the arc [F.R. Doc. 64-1501; Filed, Feb. 14, 1964; of comments received. of a circle 35 miles in radius centered 8:45 a.m.] The official Docket will be available on the Macon, Ga., VORTAC, on the for examination by interested persons at southeast by VOR Federal airway No. 35 the Federal Aviation Agency, Office of west alternate, on the south by VOR the General Counsel: Attention Rules Federal airway No. 70, on the west by [ 14 CFR Part 71 [New! 1 Docket, 800 Independence Avenue SW., realigned Victor 97 and on the north by [Airspace Docket No. 63-CE-147] " Washington, D.C., 20553. An informal the arc of a circle 50 miles in radius docket will also be available for exami­ centered on the Atlanta Airport. FEDERAL AIRWAYS nation at the office of the Regional Air Interested persons may submit such Proposed Alteration and Revocation Traffic Division Chief. written data, views or arguments as they This amendment is proposed under may desire. Communications should be Notice is hereby given that the Federal section 307(a) of the Federal Aviation submitted in triplicate to the Director, Aviation Agency (FAA) is considering Act of 1958 (72 Stat. 749 ; 49 U.S.C. 1348). Southern Region, Attn: Chief, Air Traffic amendments to Part 71 [New] of the Issued in Washington, D.C., on Feb­ Division, Federal Aviation Agency, P.O. Federal Aviation Regulations, the sub­ Box 20636, Atlanta, Ga., 30320. All com­ stance of which is stated below. ruary 6, 1964. D. E. B a r r o w , munications received within forty-five VOR Federal airway No. 2 is designated days after publication of this notice in in part from Helena, Mont., via the inter­ Acting Chief, Airspace Regula­ tions and Procedures Divi- the F ederal R egister will be considered section of Helena 119° and Bozeman, before action is taken on the proposed Mont., 338° True radials; Bozeman; - sion. intersection of Bozeman 157° and Liv­ [F.R. Doc. 64-1502; Filed, Feb. 14, 1964; amendment. No public hearing is con­ ingston, Mont., 261° True radials; to 8:45 ajn.] templated at this time, but arrangements Saturday, February IS, 1964 FEDERAL REGISTER 2507

for informal conferences with Federal of Victor 12 south) and direct from Pres­ of the General Counsel: Attention Rules Aviation Agency officials may be made cott to Winslow. Docket, 800 Independence Ave. SW., by contacting the Regional Air Traffic 2. Realign Victor 105 east from Pres­ Washington, D.C., 20553. An informal Division Chief, or the Chief, Airspace cott via the intersection of the Prescott docket will also be available for examina­ Regulations and Procedures Division, 319° and the Peach Springs 134° True tion at the office of the Regional Air Federal Aviation Agency, Washington, radials to Peach Springs. Traffic Division Chief. D.C. Any data, views or arguments pre­ 3. Realign Victor 257 from Prescott This amendment is proposed under sented during such conferences must also northward and extend this airway direct section 307(a) of the Federal Aviation be submitted in writing in accordance to Bryce Canyon, Utah, thence via the Act of 1958 (72 Stat. 749; 49 U.S.C. 1348). with this notice in order to become part intersection of the Bryce Canyon 338® of the record for consideration. The and the Delta 186° True radials to Delta. Issued in Washington, D.C., on Febru­ proposal contained in this notice may This proposal will eliminate the present ary 6,1964. be changed in the light of comments segment of Victor 257 from Kanosh In­ D. E . B arrow, received. tersection to Delta. This airway would Acting Chief, Airspace Regula­ The official Docket will be available for be expanded beginning at 45 nautical tions and Procedures Divi­ examination by interested persons at the miles from Prescott in graduated steps sion. Federal Aviation Agency, Office of the of one mile for every five nautical miles [FJR. Doc, 64-1504; FUed, Feb. 14, 1964; General Counsel: Attention Rules Dock­ in length to 75 nautical miles from Pres­ 8:46 ajn.] et, 800 Independence Avenue SW., Wash­ cott, thence 17 miles wide to 75 nautical ington, D.C., 20553. An informal docket miles from Bryce Canyon, thence de­ will also be available for examination at creasing in width of one mile for every [14 CFR Part 71 [Newl 1 the office of the Regional Air Traffic Di­ five nautical miles in length to 45 nauti­ [Airspace Docket No. 63-CE-143] vision Chief. cal miles from Bryce Canyon. This amendment is proposed under 4. Revoke Drake as a reporting point. FEDERAL AIRWAY SEGMENT section 307(a) of the Federal Aviation 5. Revoke the portion of the Prescott Proposed Revocation Act of 1958 (72 Stat. 749; 49 UJS.C. transition area described above (in the 1348). vicinity of the Drake VOR). Notice is hereby given that the Fed­ The alteration of these airways in the eral Aviation Agency (FAA) is consider­ Issued in Washington, D.C. on Feb­ ing an amendment to Part 71 [New] of ruary 6,1964. vicinity of Prescott would permit the elimination of the Drake VOR. The the Federal Aviatibn Regulations, the D. E . B arrow, substance of which is stated below. Acting Chief, Airspace Regula­ alteration of Victor 257 and its extension to Bryce Canyon would provide an un­ VOR Federal airway No. 63 extends in tions and Procedures Divi­ part from Burlington, Iowa, to the Char­ sion. derlying low altitude airway for trans­ ition to and from the intermediate air­ lotte, Iowa, Intersection. The FAA’s lat­ [F.R. Doc. 64-1503; Filed, Feb. 14, 1964; way over this route. The expansion in est IFR peak day airway traffic survey 8:46 a.m.] width of this altered and extended seg­ shows two aircraft movements on this ment of Victor 257 would provide ade­ portion of the airway. Therefore, it ap­ quate controlled airspace for aircraft pears that the retention of this segment 114 CFR Par» 71 OMewl ] operating along the airway while at a of Victor 63 is unjustified as an assign­ [Airspace Docket No. 63-WE-88] distance greater than 45 nautical miles ment of airspace. Accordingly, the FAA from either facility. The extension of proposes its revocation. The revocation FEDERAL AIRWAYS, TRANSITION V-257 from Bryce Canyon to Delta would of this segment of Victor 63 will necessi­ AREA, AND REPORTING POINT provide for airway continuity from tate a change in the boundary descrip­ Prescott to Salt Lake City, Utah. The tion of the Moline, HI., control area ex­ Proposed Alteration and Revocation elimination of the Drake facility from tension. This would be accomplished by Notice is here given that the Federal the airway structure would obviate its use substituting for Victor 63 a line five miles as a reporting point and the portion of east of and parallel to the Burlington Aviation Agency (FAA) is considering 005° True radial. amendments to Part 71 [New] of the the transition area utilized for holding Federal Aviation Regulations, the sub­ pattern airspace based on this facility. Interested persons may submit such stance of which is stated below. Interested persons may submit such written data, views or arguments as they VOR Federal airway No. 12 extends in written data, views or arguments as they may desire. Communications should be part from Needles, Calif., via the inter­ may desire. Communications should be submitted in triplicate to the Director, submitted in triplicate to the Direc­ Central Region, Attn: Chief, Air Traffic section of the Needles 077* and the Drake, Division, Federal Aviation Agency, 4825 Ariz., 274° True radials, Drake, to Wins­ tor, Western Region, Attn: Chief, Air low, Ariz., including a south alternate Traffic Division, Federal Aviation Agen­ Troost Avenue, Kansas City, Mo., 64110. cy, 5651 West Manchester Avenue, P.O. All communications received within from Needles via Prescott, Ariz., and the forty-five days after publication of this intersection of the Prescott 095° and the Box* 90007, Airport Station, Los Angeles, notice in the F ederal R egister will be Winslow 248° True radials to Winslow. Calif., 90009. All communications re­ ceived within forty-five days after pub­ considered before action is taken on the An east alternate of VOR Federal air­ proposed amendment. No public hearing way No. 105 extends in part from Prescott lication of this notice in the F ederal R egister will be considered before action is contemplated at this time, but ar­ via Drake to Peach Springs, Ariz. VOR rangements for informal conferences Federal airway No. 257 extends in part is taken on the proposed amendment. No public hearing is contemplated at with Federal Aviation Agency officials from Prescott via Drake to the intersec­ may be made by contacting the Regional tion of the Drake 002° and the Tuba City, this time, but arrangements for informal conferences with Federal Aviation Agen­ Air Traffic Division Chief, or the Chief, Ariz., 258° True radials and from the Airspace Regulations and Procedures Di­ Kanosh, Utah, Intersection (intersection cy officials may be made by contacting the Regional Air Traffic Division Chief, or vision, Federal Aviation Agency, Wash­ of the Delta, Utah, 174° and the Milford, ington, D.C. Any data, views or argu­ Utah, 051° True radials) to Delta. the Chief, Airspace Regulations and Procedures Division, Federal Aviation ments presented during such conferences Drake is designated as a reporting point. must also be submitted in writing in A portion of the Prescott transition area Agency, Washington, D.C. Any data, views or arguments presented during accordance with this notice in order to includes the area within 10 miles north become part of the record for considera­ and seven miles south of the Drake 082° such conferences must also be submitted in writing in accordance with this notice tion. The proposal contained in this and 262° True radials, extending from notice may be changed in the light of nine miles west to 20 miles east of Drake. in order to become part of the record for consideration. The proposal contained comments received. The FAA has under consideration the The official Docket will be available for following alterations to the airways and in this notice may be changed in the light examination by interested persons at the transition area described above: of comments received. Federal Aviation Agency, Office of the 1. Revoke Victor 12 south and realign The official Docket will be available General Counsel : Attention Rules Victor 12 from Needles to Prescott (using for examination by interested persons Docket, 800 Independence Avenue SW., the present alignment of this segment at the Federal Aviation Agency, Office Washington, D.C., 20553. An informal 2508 PROPOSED RULE MAKING docket will also be available for exami­ Issued in Washington, D.C., on Feb­ [ 14 CFR Part 71 [New! 1 nation at the office of the Regional Air ruary 6, 1964. [Airspace Docket No. 63-SO-85] D. E . B arrow, Traffic Division Chief. FEDERAL AIRWAY SEGMENT This amendment is proposed under Acting Chief, Airspace Regula­ section 307(a) of the Federal Aviation tions and Procedures Divi­ Proposed Revocation sion. Act of 1958 (72 Stat. 749; 49 U.S.C. 1348). Notice is hereby given that the Fed­ [F.R. Doc. 64-1506; Piled Feb. 14, 1964; eral Aviation Agency is considering an Issued in Washington, D.C., on Febru­ 8:46 axn.] ary 6, 1964. amendment to Part 71 [New] of the D. E . B arrow, Federal Aviation Regulations, the sub­ Acting Chief, Airspace Regula­ [ 14 CFR Part 71 [New! 1 stance of which is stated below. tions and Procedures Divi­ VOR Federal airway No. 152 north sion. [Airspace Docket No. 63-SO-79] alternate is designated in part from Or­ lando, Fla., to Daytona Beach, Fla. The [P.R. Doc. 64-1505; Piled, Feb. 14, 1964; FEDERAL AIRWAY SEGMENT 8:46 a.m.] latest Federal Aviation Agency IFR peak Proposed Revocation day airway traffic survey for this air­ way segment shows no aircraft move­ Notice is hereby given that the Federal ments between Orlando and Daytona [ 14 CFR Part 71 [New! 1 Aviation Agency (FAA) is considering an Beach. It would appear, therefore, that amendment to Part 71 [New] of the [Airspace Docket No. 63—CE—145] this airway segment is unjustified as an Federal Aviation Regulations, the sub­ assignment of airspace. Accordingly, FEDERAL AIRWAY SEGMENT stance of which is stated below. the Federal Aviation Agency is con­ VOR Federal airway No. 18 includes a sidering revoking the segment of Victor Proposed Designation south alternate airway extending from 152 north alternate between Orlando and Allendale, S.C., to Charleston, S.C., via Daytona Beach. Notice is hereby given that the Federal the intersection of the Allendale 117° Interested persons may submit such Aviation Agency is considering the al­ and the Charleston 262° True radials. written data, views or arguments as they teration of Part 71 [New] of the Federal The FAA’s latest IFR peak day airway may desire. Communications should be Aviation Regulations, the substance of traffic survey shows no aircraft move­ submitted in triplicate to the Director, which is stated below. ments on this alternate airway. There­ Southern Region, Attn: Chief, Air Traffic VOR Federal airway No. 13 is desig­ fore, it appears that the retention of this Division, Federal Aviation Agency, P.O. nated in part from Grantsburg, Wis., to south alternate of Victor 18 is unjustified Box 20636, Atlanta, Ga., 30320. All com­ Duluth, Minn. The Federal Aviation as an assignment of airspace. Accord­ munications received within forty-five Agency is considering the designation of ingly, the FAA proposes its revocation. days after publication of this notice in a standard east alternate to this segment Interested persons may submit such the F ederal R egister will be considered of Victor 13. This would improve air written data, views or arguments as they before action is taken on the proposed traffic service in the Duluth terminal may desire. Communications should be amendment. No public hearing is con­ area by providing means of reducing the submitted in triplicate to the Director, templated at this time, but arrangements requirement for off-course climb-out and Southern Region, Attn: Chief, Air Traffic for informal conferences with Federal low altitude restrictions in the separa­ Division, Federal Aviation Agency, P.O. Aviation Agency officials may be made tion of traffic operating between Grants­ Box 20636, Atlanta, Ga., 30320. All com­ by contacting the Regional Air Traffic burg and Duluth. munications received within forty-five Division Chief, or the Chief, Airspace Interested persons may submit such days after publication of this notice in Regulations and Procedures Division, written data, views or arguments as they the F ederal R egister will be considered Federal Aviation Agency, Washington, may desire. Communications should be before action is taken on the proposed D.C. Any data, views or arguments pre­ submitted in triplicate to the Director, amendment.- No public hearing is con­ sented during such conferences must also Central Region, Attn: Chief, Air Traffic templated at this time, but arrangements be submitted in writing in accordance Division, Federal Aviation Agency, 4825 for informal conferences with Federal with this notice in order to become part Troost Avenue, Kansas City, Mo., 64110. Aviation Agency officials may be made of the record for consideration. The All communications received within by contacting the Regional Air Traffic proposal contained in this notice may forty-five days after publication of this Division Chief, or the Chief, Airspace be changed in the light of comments notice in the F ederal R egister will be Regulations and Procedures Division, received. considered before action is taken on the Federal Aviation Agency, Washington, The official Docket will be available proposed amendment. No public hear­ D.C. Any data, views or arguments pre­ for examination by interested persons at ing is contemplated at this time, but sented during such conferences must also the Federal Aviation Agency, Office of arrangements for informal conferences be submitted in writing in accordance the General Counsel: Attention Rules with Federal Aviation Agency officials with this notice in order to become part Docket, 800 Independence Ave. SW., may be made by contacting the Regional of the record for consideration. The Washington, D.C., 20553. An informal Air Traffic Division Chief, or the Chief, proposal contained in this notice may docket will also be available for examina­ Airspace Regulations and Pocedures Di­ be changed in the light of comments tion at the office of the Regional Air vision, Federal Aviation Agency, Wash­ received. Traffic Division Chief. ington, D.C., 20553. Any data, views or The official Docket will be available This amendment is proposed under arguments presented during such conf er­ for examination by interested persons at section 307(a) of the Federal Aviation ences must also be submitted in writing the Federal Aviation Agency, Office of Act of 1958 (72 Stat. 749; 49 U.S.C. 1348). in accordance with this notice in order the General Counsel: Attention Rules Issued in Washington, D.C., on Feb­ to become part of the record for consid­ Docket, 800 Independence Avenue SW., eration. The proposal contained in this ruary 6,1964, Washington, D.C., 20553. An informal D. E. B arrow, notice may be changed in the light of docket will also be available for exami­ Acting Chief, Airspace Regula­ comments received. nation at the office of the Regional Air tions and Procedures Divi­ The official Docket will be available for Traffic Division Chief. sion. This amendment is proposed under examination by interested persons at the [F.R. Doc. 64-1508; Filed, Feb. 14, 1964; Federal Aviation Agency, Office of the section 307(a) of the Federal Aviation 8:46 a.m.] General Counsel: Attention Rules Dock­ . Act of 1958 (72 Stat. 749; 49 U.S.C. 1348). et, 800 Independence Avenue SW„ Issued in Washington, D.C., on Feb­ [1 4 CFR Part 71 [New! 3 Washington, D.C., 20553. An informal ruary 6,1964. [Airspace Docket No. 63-SO—86] docket will also be available for examina­ D. E. B arrow, ; tion at the office of the Regional Air Acting Chief, Airspace Regula­ FEDERAL AIRWAY SEGMENT Traffic Division Chief. tions and Procedures Divi­ Proposed Revocation This amendment is proposed under sion. section 307(a) of the Federal Aviation [P.R. Doc. 64-1507; Piled, Peb. 14, 1964; Notice is hereby given that the Federal Aviation Agency (FAA) is considering Act of 1958 (72 Stat. 749; 49 U.S.C. 1348). 8:46 a.m.] Saturday, February IS, 1964 FEDERAL REGISTER 2509 an amendment to Part 71 [New] of the Jet Route No. 6 is presently designated Issued In Washington, D.C., on Febru­ Federal Aviation Regulations, the sub­ in part from the Hector, Calif., VORTAC ary 6, 1964. stance of which is stated below. via the Prescott, Ariz., VORTAC; the D. E . B arrow, VOR Federal airway No. 154 includes Grants, N. Mex., VOR; the Albuquerque, Acting Chief, Airspace Regula­ a north alternate airway extending from N. Mex., VORTAC; to the Amarillo, Tex., tions and Procedures Divi­ Lotts Intersection, Ga., to Savannah, Ga. VORTAC. The FAA has under consider­ sion. The FAA’s latest IFR peak day airway ation the realignment of this segment of [F.R. Doc. 64-1510; Filed, Feb. 14, 1964; traffic survey shows no aircraft move­ J -6 from the Hector VORTAC via the 8:47 ajn.] ments on this alternate airway. There­ Needles, Calif., VORTAC; the Prescott fore, it appears that the retention of this VORTAC; the Winslow, Ariz., VORTAC; north alternate of Victor 154 is unjusti­ the Albuquerque VORTAC; the Tucum- [14 CFR Part 507 ] fied as an assignment of airspace. Ac­ cari, N. Mex., VOR; to the Amarillo [Reg. Doc. No. 1964] cordingly, the FAA proposes its revoca­ VORTAC. tion. Je t Route No. 78 is presently desig­ AIRWORTHINESS DIRECTIVE Interested persons may submit such nated in part from the Prescott VORTAC written data, views or arguments as they via the Albuquerque VORTAC to the Lycoming VO—540 Series Engines may desire. Communications should be Amarillo VORTAC. The FAA has under The Federal Aviation Agency has un­ submitted in triplicate to the Director, consideration the alteration of this seg­ der consideration a proposal to amend Southern Region, Attn: Chief, Air Traf­ ment of J-78 from the Prescott VORTAC Part 507 of the regulations of the Admin­ fic Division, Federal Aviation Agency, via the Winslow VORTAC; the Albu­ istrator to include an airworthiness di­ P.O. Box 20636, Atlanta, Ga., 30320. All querque VORTAC; the Tucumcari VOR; rective for Lycoming Model VO-540 communications received within forty- to the Amarillo VORTAC. Series engines. In the notice of proposed five days after publication of this notice Such action would provide more pre­ rule making published in 28 F.R. 10361, in the F ederal R egister will be con­ cise navigational guidance on J -6 and regulatory docket No. 1964, it was pro­ sidered before action is taken on the J-78 and would permit the use of flight posed to require replacement of the con­ proposed amendment. No public hearing levels 240 to 270, inclusive, between necting rod bolt P/N 71087 and modifica­ is contemplated at this time, but ar­ Prescott and Albuquerque. These flight tion of the connecting rod P/N 71947 in rangements for informal conferences levels are not usable presently due to lack certain Lycoming Model VO-540 Series with Federal Aviation Agency officials of continudhs navigational signal cover­ engines. Subsequent to issuance of the may be made by contacting the Regional age. proposal, new failure data received by Air Traffic Division Chief, or the Chief, There would be no requirement for the the Agency revealed that the connecting Airspace Regulations and Procedures Di­ designation of the Needles VORTAC, the rods are also failing in the forked section vision, Federal Aviation Agency, Wash­ Winslow VORTAC, or the Tucumcari at the crankshaft end of the rod. There­ ington, D.C. Any data, views or argu­ VOR as compulsory reporting points. fore, the original proposal is hereby with­ ments presented during such conferences Additionally, the Prescott VORTAC drawn and a new airworthiness directive must also be submitted in writing in would be revoked as a compulsory report­ is being proposed which includes inspec­ accordance with this notice in order to ing point on J -6 and J-78. tion prior to modification of the connect­ become part of the record for considera­ Interested persons may submit such ing rods. tion. The proposal contained in this written data, views or arguments as A comment received on the initial pro­ notice may be changed in the light of they may d e s i r e . Communications posed rule making questioned why a comments received. should be submitted in triplicate to the compliance time of 600 hours was per­ The official Docket will be available Director, Western Region, Attn: Chief, mitted since bolt failures had occurred for examination by interested persons at Air Traffic Division, Federal Aviation on engines with less than 600 hours’ time the Federal Aviation Agency, Office of Agency, 5651 West Manchester Avenue, in service. The low time failures of the the General Counsel: Attention Rules P.O. Box 90007, Airport Station, Los An­ bolts have been attributed to quality Docket, 800 Independence Avenue SW„ geles, Calif., 90009. All communications items which have since been eliminated Washington, D.C., 20553. An informal received within forty-five days after and the time of compliance as originally docket will also be available for exami­ publication of this notice in the F ederal proposed is considered satisfactory. nation at the office of the Regional Air R egister will be considered before ac­ Interested persons are invited to par­ Traffic Division Chief. tion is taken on the proposed amend­ ticipate in the making of the proposed This amendment is proposed under ment. No public hearing is contem­ rules by submitting such written data, section 307(a) of the Federal Aviation plated at this time, but arrangements for Views or arguments as they may desire. Act of 1958 (72 Stat. 749; 49 U.S.C. informal conferences with Federal Avia­ Communications should identify the reg­ 1348). tion Agency officials may be made by ulatory docket number and be submitted contacting the Regional Air Traffic Di­ in duplicate to the Federal Aviation Issued in Washington, D.C., on Feb­ vision Chief, or the Chief, Airspace Agency, Office of the General Counsel: ruary 6,1964. Regulations and Procedures Division, Attention Rules Docket, 800 Independ­ D. E. B arrow, Federal Aviation Agency, Washington, ence Avenue SW., Washington, D.C., Acting Chief, Airspace Regula­ D.C. Any data, views or arguments pre­ 20553. All communications received on tions and Procedures Divi­ sented during such conferences must or before March 16, 1964, will be con­ sion. also be submitted in writing in accord­ sidered by the Administrator before ance with this notice in order to become [F.R. Doc. 64-1509; Piled, Peb. 14, 1964; taking action upon the proposed rule. 8:47 a.m.] part of the record for consideration. The proposals contained in this notice The proposal contained in this notice •may be changed in the light of comments may be changed in the light Of comments received. All comments submitted will received. be available, both before and after the [ 14 CFR Parts 71 [New] ,75 [New] 1 The official Docket will be available for closing date for comments, in the Rules [Airspace Docket No. 63-WE-64] examination by interested persons at the Docket for examination by interested Federal Aviation Agency, Office of the persons. JET ROUTES AND REPORTING POINT General Counsel: Attention Rules Dock­ This amendment is proposed under the et, 800 Independence Avenue SW., Wash­ Proposed Alteration and Revocation authority of Sections 313(a), 601 and 603 ington, D.C., 20553. An informal docket of the Federal Aviation Act of 1958 (72 Notice is hereby given that the Federal will also be available for examination at Stat. 752, 775, 776; 49 U.S.C. 1354(a), Aviation Agency (FAA) is considering the office of the Regional Air Traffic Divi­ 1421,1423). amendments to Part 71 [New] and Part sion Chief. In consideration of the foregoing, it is 75 [New] of the Federal Aviation Regu­ This amendment is proposed under proposed to amend § 507.10(a) of Part lations, the substance of which is stated section 307(a) of the Federal Aviation 507 (14 CFR Pt. 507), by adding the fol­ below. Act of 1958 (72 Stat. 749; 49 UJS.C. 1348). lowing airworthiness directive: 2510 PROPOSED RULE MAKING

L t c o m in g . Applies to VO-540 Series engines 2. While we have recognized the need 6. In the light of the foregoing, we find with Serial Numbers 101-43 through 724- for automatic relay stations in the re­ that there is sufficient merit in the pro­ 43, 727-43 through 743-43, 747-43 and mote pickup service, we have been con­ posal to warrant the initiation of rule 753—43, except remanufactured engines cerned about the hazard of harmful making. The necessary amendments to . shipped from Lycoming after October interference to other remote pickup the rules are proposed below. 29,1962. Compliance required as indicated. stations. Individual broadcasters are not 7. Accordingly, it is proposed to amend To preclude the possibility of connecting granted exclusive frequency assignments Part 74 of the Commission rules as set rod P/N 71947 failure, the inspection and for remote pickup operation and when forth below. Pursuant to applicable pro­ modification set forth in paragraph (c) shall the use of a particular frequency is con­ cedures set out in § 1.415 of Commission be accomplished at the times specified in templated, the operator in charge of the rules, interested parties may submit com­ paragraphs (a) and (b). remote pickup unit is expected to monitor ments on or before March 20, 1964, and (a) On engines which, as of the effective the frequency on which operation is to replies to such comments on or before date of this AD, have less than 550 hours’ be conducted before turning the trans­ March 30,1964. All relevant and timely time in service since new or since overhaul, compliance with (c) is required at 600 hours’ mitter on to be sure that it is not in comments and reply comments will be time in service. use by some other broadcaster. This considered by the Commission before (b) On engines which, as of the effective concern over inadvertent interruption final action is taken in this proceeding. date of this AD, have 550 or more horns’ time of a program in progress is warranted In reaching its decision in this proceed­ in service since new or since overhaul, com­ because “live” broadcast material which ing, the Commission may also take into pliance with (c) is required within the next is lost due to interference is often un­ account other relevant information be­ 50 hours’ time in service after the effective recoverable. An unattended, automatic fore it, in addition to the specific com­ date of this AD. (<>) The following shall be accomplished in relay transmitter could be turned on by ments invited by this notice. accordance with the instructions contained the signals of a remote pickup trans­ 8. Authority for the adoption of the in the latest revision of Lycoming Service mitter at some other location where the rules proposed herein is contained in Bulletin No. 296. operator would not be aware that the sections 4fi) and 303 (a), (b), (c), (e), (1) Inspect each connecting rod P/N 71947 frequency on which the relay transmitter and (r) of the Communications Act of for galling on the surface facing the bearing operates, was in use. 1934, as amended. insert. 3. In an effort to overcome this draw­ 9. In accordance with the provisions (2) If there is any evidence of galling, the back, we have held discussions with of § 1.419 of the rules, an original and 14 entire rod assembly shall be replaced. (3) If there is no evidence of galling, various broadcasters and have come up copies of all comments, replies, plead­ modify the connecting rod P/N 71947 and with a possible solution to the problem. ings, briefs, and other documents shall replace connecting rod bolt P/N 71087 with It involves the use of a “lock-out” device be furnished the Commission. Atten­ new stretch bolt P/N 74033 and nut P/N which will not permit the automatic re­ tion is directed to the provisions of 72796. lay transmitter to be turned on if there paragraph (c) of § 1.419 which require Issued in Washington, D.C. on Febru­ is another signal on the frequency used that any person desiring to file identical ary 7,1964. by the relay transmitter. In simple documents in more than one docketed W . H. W eek s, terms, a receiver located at the site of rule making proceeding shall furnish the Acting Director, the automatic relay transmitter would Commission two additional copies of any Flight Standards Service. be connected to the transmitting antenna such document for each additional dock­ and tuned to the frequency on which the et unless the proceedings have been [F.R. Doc. 64-1511; Filed, Feb. 14, 1964; automatic relay transmitter operates. consolidated. 8:47 a.m.] If it detected another signal on the fre­ quency it would actuate a holding de­ Adopted: February 5, 1964. vice that would prevent the automatic Released: February 11, 1964. FEDERAL COMMUNICATIONS relay transmitter from being turned on. F ederal C ommunications Of course, the system would be designed C ommi s s i o n , 1 so that the relay transmitters own sig­ COMMISSION [seal] B e n F. W aple, nals would not actuate the holding Secretary. [ 47 CFR Part 74 3 device. 4. If such a technique is feasible, it 1. It is proposed to amend § 74.401 by [Docket No. 15329; FCC 64-98] removes one of the major objections to inserting the following new definition in USE OF AUTOMATIC RELAY STATIONS automatic relay operation. We realize the appropriate alphabetical sequence: WITH REMOTE PICKUP BROAD­ that the system may not be absolutely § 74.401 Definitions. CAST STATIONS fool-proof but it would reduce the hazard * » ■ • • of interference to manageable propor­ Notice of Proposed Rule Making tions. That leaves only the problem of Automatic mobile relay station. A re­ designing the automatic relay station so mote pickup broadcast base designed to In the matter of amendment of Part that it will not be actuated by signals be actuated automatically and operated 74, Subpart D of the Commission rules of other licensees. In recent years, a for the purpose of relaying mobile com­ and regulations to provide for the use of number of selective calling systems have munications of a common licensee. automatic relay stations with remote been developed which could be used to ***** pickup broadcast stations; Docket No. prevent the transmitter from being 15329, RM-323... 2. It is proposed to amend § 74.431 by turned on accidentally. adding the following new paragraph (i) : 1. When using remote broadcast pick­ 5. Some frequencies for remote pickup up transmitters for on-the-spot coverage operation are likely to be in relatively § 74.431 Permissible service. of news events or other broadcast pro- short supply in many parts of the coun­ * * * * * grams, broadcasters often find that the try and we have been concerned some­ (i) Remote pickup broadcast base sta­ portable or mobile transmitters must what with the fact that at least two operate from unfavorable transmitting tions authorized to operate as automatic frequencies are required for automatic mobile relay stations may be used to relay locations. The use of other remote pick­ relay operation. One is used by the re­ up broadcast stations to relay the signals any authorized transmissions of other mote pickup base or mobile station remote pickup base and mobile stations is sometimes employed. However, under originating the transmission and the our present rules, such relay stations operated by the same licensee. The relay other is needed by the automatic relay may be made either directly to the in­ must be attended by a qualified operator station to relay the transmission. The when being used for this purpose. On tended destination or via other attended lower remote pickup frequencies are base and mobile stations. April 2, 1962, New Mexico Broadcasting quite heavily loaded and some are Company, Inc., licensee of Station shared with other services. Therefore, 3. It is proposed to amend § 74.432(d) KGGM, Albuquerque, New Mexico, filed we believe that automatic relay station by adding the following new subpara­ a petition , to amend the remote pickup graph (5) : broadcast rules so that automatic, operation should be confined to the less heavily loaded 450-451 Mc/s and 455- unattended relay stations could be i Commissioner Loevinger absent. authorized. 456 Mc/s bands. Saturday, February 15, 1964 FEDERAL REGISTER 2511

§ 74.432 Licensing requirements. cessation of operation of the station 432(d) (5) may be operated unattended. • * • • • being relayed or failure of the Relay Re­ The licensee shall provide for periodic (d) * * * ceiver or Control Unit, will automatically inspection and testing of the equipment (5) Base stations may be authorized atplace the relay transmitter in an inop­ to insure proper operation. In cases suitable locations to operate as automatic erative condition. A suitable time-delay where a remote pickup broadcast mobile relay stations. Such operation will be factor may be incorporated to prevent station is taken to the scene of an event authorized only on frequencies in Group actuation of the automatic cut-off due to be broadcast and the operator- N of § 74.402(a). A single licensee may to momentary failures of the incoming reporter wishes to leave the location of be authorized to use more than one au­ signals. the transmitter in order to move about tomatic mobile relay station. However, (c) Relay Receiver: One or more re­ freely at the scene with a hand-carried each licensee will be limited to the use ceivers tuned to frequencies used by the or pack-carried transmitter in order to of a single frequency in Group N. The stations which are to be relayed by the conduct interviews, obtain a better van­ priorities of § 74.403(b) apply to the automatic relay station, may be installed tage point to view the scene or other­ operation of automatic mobile relay sta­ at the automatic relay station site. wise more effectively cover the event, the tions. Base stations operated as auto­ The receivers shall be installed so that mobile station may be operated as a matic mobile relay stations shall com­ they will turn the relay transmitter on temporarily unattended automatic re­ ply with the requirements of § 74.438. and off only through the Control Unit. lay station subject to the following con­ The choice of receivers and receiving an­ ditions : 4. It is proposed to add a new § 74.438tennas is left to the discretion of the (1) The input power to the plate of to read as follows: licensee. the final radio frequency amplifier of § 74.438 Special requirements for auto­ (d) The automatic relay station may the hand-carried or pack-carried trans­ matic relay stations. accomplish the retransmission of the in­ mitter shall not exceed 1 watt. coming signals by simple heterodyne (2) The unattended transmitter shall An automatic relay station installa­ frequency conversion or by modulating be so equipped that it will be activated tion shall include a Monitor Receiver, a the transmitter with aural signals ob­ by the carrier of the hand-carried or Control Unit, and one or more Relay Re­ tained by demodulation of the incoming pack-carried transmitter and will trans­ ceivers. signal. If the relay transmitter is to be mit only when relaying the transmissions (a) Monitor Receiver: A receiver tuned modulated with such aural signals the of the hand-carried or pack-carried to the frequency assigned to the auto­ transmitter or the receiver or both shall transmitter or when relaying the trans­ matic relay station and connected to the be equipped with automatic controls missions of an associated base station transmitting antenna used by the auto­ which will prevent overmodulation of operating on the same frequency as the matic relay station shall be in operation the relay transmitter. hand-carried or pack-carried trans­ at the automatic relay station site at all (e) The transmitting apparatus and mitter and directed to the operator- times when the relay transmitter is control equipment shall be adequately reporter at the scene of the event. capable of being turned on automati­ protected against tampering by unau­ (3) Unless the operator-reporter is cally. The Monitor Receiver shall com­ thorized persons. equipped to monitor continuously the ply with the following requirements: (f) An application for authority to frequency on which the unattended (1) The receiver shall be equipped construct an automatic relay station transmitter operates, while moving with a control circuit which will pre­ shall include a satisfactory showing as about at the scene of the event, he shall vent the relay transmitter from being to the manner of compliance with the observe the frequency before leaving the turned on automatically whenever a requirements of this section. location of the mobile transmitter to signal other than the signal of the relay 5. It is proposed to amend § 74.464 by ascertain whether it is in use so as to transmitter is being received. adding a new paragraph (a) (3) to read avoid interference to other users. (2) The sensitivity of the Monitor Re­ as follows: ceiver shall be such that a signal of 2 7. It is proposed to amend § 74.482 to microvolts or more across the antenna § 74.464v Station and operator licenses; read as follows: posting of. input terminals will actuate the “lock­ § 74.482 Station identification. out” control which prevents the trans­ (a) * * * mitter from being turned on automati­ (3) If the station is authorized to (a) Except for stations licensed pur­ cally. operate as an automatic relay station suant to the provisions of § 74.437, each (3) The “lock-out” control shall be so and is operated at an unattended site, remote pickup broadcast base and mobile designed that if the Monitor Receiver is the call sign and location of the asso­ station will be assigned an individual inoperative the relay transmitter cannot ciated broadcast station together with call sign. This call sign shall be trans­ be turned on automatically. the legend “Automatic Relay Station” mitted over the transmitter to which it is (b) Control Unit: The Control Unit shall be displayed at the relay transmit­ assigned, at the beginning and end of may be an integral part of the Relay Re­ ter site on the transmitter housing or each period of operation. A period of op­ ceiver or may be a separate unit into antenna supporting structure so as to eration may consist of a single continuous which the output of one or more Relay be visible to a person standing on the transmission or a series of intermittent Receivers is fed. The Control Unit shall ground at the transmitter site. The dis­ transmissions related to the broadcast of meet the following requirements: play shall be prepared so as to withstand a single event. (1) The Control Unit shall be so de­ normal weathering for a reasonable (b) In cases where a period of opera­ signed that it will turn the relay trans­ period of time and shall be maintained tion is of more than one hour dura­ mitter on only upon receipt of a pre­ in a legible condition by the licensee. tion, identification of the remote pickup determined coded signal consisting of at The original of the station license and stations participating in the operation least two tones which may be transmitted any other instrument of authorization shall be accomplished either by the either simultaneously or sequentially, or or individual order, shall be kept in the transmission of the call signs assigned a series of at least three dissimilar pulse files of the associated broadcast station to the individual transmitters or iden­ combinations transmitted sequentially, so as to be available for inspection upon tification of the associated broadcast (2) The Control Unit shall be capable request of any authorized representative station. of turning the transmitter off upon re­ of the Commission. (c) In cases where an automatic relay ceipt of an appropriate signal. The com­ * * * * * station is a part of the circuit, the call sign of the relay transmitter may be plexity of the signal used to turn off the 6. It is proposed to amend § 74.465(b) to read as follows: transmitted automatically by the relay relay transmitter is left to the discretion transmitter or by the remote pickup of the licensee. § 74.465 Operator requirements. broadcast or mobile station that actuates (3) The Control Unit shall also be de­ ♦ * * * * the automatic relay station. signed so that the absence of a signal (b) Automatic relay stations author­ [F.R. Doc. 64-1550; Filed, Feb. 14, 1964; from the Relay Receiver either due to ized pursuant to the provisions of § 74.- 8:49 am .] 2512 PROPOSED RULE MAKING

6. In consideration of the foregoing,mittals before taking any action upon FEDERAL POWER COMMISSION it is proposed to amend the Commission’s the proposed amendments. An original Annual Report FPC Form No. 1 and FPC and nine copies of any such submittals [ 18 CFR Parts 141, 260 1 Form No. 2, prescribed, respectively, .by should be filed. §141.1 and §260.1, Chapter I of Title 5. This amendment to the Commis­ [Docket No. R-256] 18 of the Code of Federal Regulations, sion’s Regulations is proposed to be is­ ELECTRIC UTILITIES AND NATURAL by adding to each a new schedule en­ sued pursuant to section 16 of the Natural Gas Act, as amended (52 Stat. 830; 15 GAS COMPANIES titled “Research and Development Ac­ tivities”. The two schedules proposed to U.S.C. 717o), and in furtherance of the Annual Reporting of Research and be added are appended hereto,1 marked objectives of Executive Order 11095. 6. For the reasons set forth above, it is Development Activities Appendix A and Appendix B, respec­ tively. proposed to amend Part 260, Statements and Reports, Subchapter G, Chapter I, F ebruary 11,1964 By direction of the Commission. 1. Notice is given pursuant to section Title 18 of the Code of Federal Regula­ 4 of the Administrative Procedure Act J oseph H. Gutride, tions by adding a new § 260.8 to read as that it is proposed to amend, effective Secretary. follows: for the reporting year 1963, the Com­ [F.R. Doc. 64-1521; Filed, Feb. 14, 1964; § 260.8 System flow diagrams. mission’s Annual Report Form No. 1, 8:47 am .] (a) Each Class A and Class B natural prescribed by § 141.1 for use by public gas pipeline company shall file with the utilities and licensees, and Annual Re­ [18 CFR Part 2601 Commision on or before February 1 of port Form No. 2, prescribed by § 260.1 each year twelve (12 ) copies of a system for use by natural gas companies. [Docket No. R-257] flow diagram reflecting the maximum 2. Each report form would be amended NATURAL GAS COMPANIES daily deliveries of which the company’s by the addition of a new schedule, ap­ facilities in existence on December 31 of pended hereto,1 entitled “Research and Emergency Planning; Annual Reports the prior year would be capable of Development Activities” relating respec­ of System Flow Diagrams achieving under , the most favorable tively to electric utility and natural gas conditions. research and development performed by F ebruary 12,1964. (b) The diagram shall show: the reporting company or in conjunction 1. Notice is given pursuant to section (1) Diameter, wall thickness and with others. In the event such schedules 4 of the Administrative Procedure Act length of pipe installed. are prescribed, §§ 141.1(d) and 260.1(c) that the Commission is proposing to re­ (2) Size, type and number of installed would be amended to include in the lists quire the annual filing by natural gas compressor units, horsepower utilized, of schedules those paragraphs containing pipeline companies of system flow dia­ volume of gas used as fuel suction and the titles of the new schedules. grams reflecting the maximum daily de­ discharge pressures, compression ratio 3. The schedules are designed primari­ liveries of which a company’s transporta­ and volumes compressed. ly to obtain information as to the general tion facilities would be capable of (3) Pressure and volumes of gas at the nature of research projects rather than achieving under the most favorable con­ mainline inlet and outlet connections at merely aggregate research expenditures ditions. each compressor station. and the accounting therefor. The Com­ 2. On November 27,1963, the Commis­ (4) Pressure and volumes of gas at mission believes that such information, sion following formal rulemaking pro­ each intake and takeoff point. while still maintained in a form which ceedings in Docket No. R-247, issued its (c) The diagram shall be accompanied should avoid unnecessary public disclo­ Order No. 274 (28 F JR. 12866), amend­ by a statement of engineering design sure of business secrets, should substan­ ing our rules with respect to certain de­ data in explanation and support of the tially enhance its ability to stay abreast fense-related plans or activities of the diagrams and setting forth: of developments in the two important natural gas industry believed to be re­ (1) Assumptions, bases, formulae, and industries over which Congress has given quired by our defense emergency plan­ methods used in development and prepa­ it regulatory responsibility. ning role pursuant to the provisions of ration of the diagrams and accompany­ 4. Any interested person may submit Executive Order 11095. The present ing data. to the Federal Power Commission, Wash­ proposal is a further development of such (2) A description of the pipe and fit­ ington, D.C., 20426, on or before March planning and, like the earlier effort, tings installed specifying the diameter, 16, 1964, data, views and comments in stems from discussions held in the Emer­ wall thickness, yield point, ultimate ten­ writing concerning the amendments pro­ gency Advisory Committee for Natural sile strength and method of fabrication. posed herein. The Commission will con­ Gas established by the Department of the (3) Where lines are looped, the length sider these written submittals before Interior pursuant to its responsibilities and size of the pipe in each loop. taking any action upon the proposed under the Executive Order. (4) Type, capacity (seasonal and amendments. An original and nine (9) 3. Since natural gas provides approxi­ daily) and location of each natural gas copies of any such submittals should be mately one-third of the nation’s energy storage field or facility, and of each de­ filed. requirement, information with respect hydration, desulphurization, natural gas 5. These amendments to the Commis­ to the location and capacity of the fa­ liquefaction, hydrocarbon extraction or sion’s annual report forms are proposed cilities used in its transportation is of other similar plant or facility directly at­ to be issued under the authority of the vital significance to the defense-plan­ tached to the applicant’s system, indi­ Federal Power Act, as amended, particu­ ning program. The amendment here be­ cating which of such plants are owned or larly sections 304, 309 and 311 thereof ing proposed would provide a method to operated by applicant and which by (49 Stat. 855, 858, 859; 116 U.S.C. 825c, obtain the needed information. . others, giving their names and addresses. 825h, 825j) and the Natural Gas Act, as 4. Any interested person may submit By direction of the Commission. amended, particularly sections 10 and to the Federal Power Commission on or before March 24, 1964, data, views, and Joseph H. G utride, 16 thereof (52 Stat. 826, 830; 15 U.S.C. Secretary. 717i, 717o). comments in writing concerning the amendments proposed herein. The Com­ [F.R. Doc. 64-1533; Filed, Feb. 14, 1964; » Piled as part of the original document. mission will consider these written sub­ 8:48 a.m.] N otices

Amendment No. 49 to Secretarial Order ASSOCIATE ADMINISTRATOR ET AL. DEPARTMENT OF THE TREASURY 2508 (26 F.R. 11395), notice is hereby Comptroller of the Currency given that all source title documents and Delegation of Authority land records pertaining to the Washakie Pursuant to authority (28 F.R. 11647) SEABOARD CITIZENS NATIONAL Public Domain Allotments, in the State delegated to the Administrator of the BANK OF NORFOLK ^VND FARM­ of Utah, and to trust or restricted Agricultural Marketing Service, the As­ ERS BANK OF HOLLAND, INC. Indian-owned land on the Yakima sociate Administrator and the Deputy Indian Reservation, have been trans­ Administrators of the Agricultural Mar­ Decision Granting Application To ferred from the City of Washington, keting Service are hereby delegated au­ Merge D.C., to the Portland Area Office, Bureau thority to make the determinations as of Indian Affairs, 1002 NE. Holliday On November 27,1963, the $90 million Street, Portland, Oregon. to the availability of official records and Seaboard Citizens National Bank of Nor­ information made or obtained in con­ , Effective February 10, 1964, the Port­ nection with the administration of the folk, Norfolk, Virginia, and the $2.5 mil­ land Area Office will be the office for the lion Farmers Bank of Holland, Incorpo­ Packers and Stockyards Act, 1921, as maintenance of records for all such trust amended (7 U.S.C. 181 et seq.), and which rated, Holland, Virginia, applied to the and restricted lands. Comptroller of the Currency for per­ are considered confidential under such mission to merge under the charter and Jo h n O. C r o w , Act or the regulations of the Depart­ title of the former. Deputy Commissioner. ment. On January 24, 1964, the Comptroller F ebruary 1 1 , 1964. No delegation made herein shall pre­ of the Currency granted this application. clude the Administrator of the Agri­ [F.R. Doc. 64^1530; Filed, Feb. 14, 1964; cultural Marketing Service from per­ Copies of this decision are available on 8:48 a.m.] request to the Comptroller of the Cur­ forming any of the duties or exercising rency, Washington 25, D.C. any of the functions or powers delegated hereby. The delegations made hereby Dated: February 12, 1964. DEPARTMENT OF AGRICULTURE are subject at all times to withdrawal or [SEAL] A. J. FAULSTICH, V Agricultural Marketing Service amendment by the Administrator. Administrative Assistant to the Done at Washington, D.C., this 12th Comptroller of the Currency. FRESH APPLES day of February 1964. [F.R. Doc. 64-1572; Filed, Feb. 14, 1964; Notice of Purchase Program EMP 32a S. R. S m i t h , 8:52 a.m.] Administrator. In order to encourage the domestic [F.R. Doc. 64-1536; Filed, Feb. 14, 1964; consumption of apples by diverting them 8:48 a.m.] WESTERN PENNSYLVANIA NATIONAL from the normal channels of trade and BANK AND BEAVER COUNTY commerce in accordance with Section 32, TRUST CO. Public Law 320, 74th Congress, approved Office of the Secretary August 24, 1935, as amended, the United Decision Granting Application To States Department of Agriculture will OKLAHOMA Consolidate purchase fresh apples of the 1963 crop, Designation of Area for Emergency grown in the United States. Although Loans On November 26, 1963, the $556.7 mil­ the program is not restricted to any one lion Western Pennsylvania National State, it is expected that purchases will For the purpose of making emergency Bank, McKeesport, Pennsylvania, and center principally in Washington State loans pursuant to section 321 of the Con­ the $8.6 million Beaver County Trust where the industry is experiencing the solidated Farmers Home Administration Company, New Brighton, Pennsylvania, most difficulty in marketing its record Act of 1961 (7 U.S.C. 1961), it has been applied to the Comptroller of the Cur­ crop of last fall. determined that in Craig County, Okla­ rency for permission to consolidate under The Agricultural Marketing Service homa, a natural disaster has caused a the charter and title of the former. will distribute the apples for use in school need for agricultural credit not readily On January 24, 1964, the Comptroller lunch programs and other eligible out­ available from commercial banks, co­ of the Currency granted this application. lets. Purchases will be made on an offer operative lending agencies, or other re­ Copies of this decision are available on and acceptance basis as a surplus re­ sponsible sources. request to the Comptroller of the Cur­ moval activity. Details and specifica­ Pursuant to the authority set forth rency, Washington 25, D.C. tions of the invitation to offer fresh above, emergency loans will not be made Dated: February 12, 1964. apples are contained in Announcement in the above-named county after Decem­ FV-346 issued by the Department on ber 31, 1964, except to applicants who [seal] F aulstich, a . J. February 7,1964. The amount to be pur­ previously received emergency or special Administrative Assistant to the chased will depend upon quantities and livestock loan assistance and who can Comptroller of the Currency. prices offered and the ability of outlets qualify under established policies and [F.R. Doc. 64-1573; Filed, Feb. 14, 1964; to use the applies without waste. procedures. 8:52 a.m.] Information concerning this purchase Done at Washington, D.C., this 11th program may be obtained from the Fruit day of February 1964. and Vegetable Division, Agricultural DEPARTMENT OF THE INTERIOR Marketing Service, Department of Agri­ O rville L. F r e em a n , culture, Washington, D.C., 20250. Secretary. Bureau of Indian Affairs (Sec. 32, 49 Stat. 774, as amended, 7 U.S.C. [F.R. Doc. 64-1538; Filed, Feb. 14, 1964; WASHAKIE PUBLIC DOMAIN ALLOT­ 612c) 8:49 am .] MENTS AND YAKIMA INDIAN RES­ Dated: February 12,1964. ERVATION P aul A. N icholson, PENNSYLVANIA Transfer of Land Records fo Portland Deputy Director, Fruit and Veg­ etable Division, Agricultural Designation of Area for Emergency Area Office Marketing Service. Loans In accordance with 25 CFR Part 120 [F.R. Doc. 64-1571; Filed, Feb. 14, 1964; For the purpose of making emergency and pursuant to authority delegated by 8:52 a.m.] loans pursuant to section 321 of the Con- No. 33 2513 2514 NOTICES solidated Fanners Home Administration These lists are supplementary to the E stablishment Licenses I ssued Act of 1961 (7 U.S.C. 1961), it has been lists of licensed establishments and prod­ determined that in the hereinafter- ucts, in effect on April 15, 1963, pub­ Establishment License No. Date named counties in the State of Pennsyl­ lished on July 2, 1963 in 28 F.R. 6792, vania natural disasters have caused a as amended by two lists, one of license Pioneer Blood Service, Inc., 278 12- 3-63 need for agricultural credit not readily actions taken from April 16,1963 through Fairfax Hospital Blood Bank, available from commercial banks, co­ July 15, 1963, published on August 7, 365 12- 4-63 Southwest Blood Banks,: Inc., operative lending agencies, or other re­ 1963 in 28 F.R. 8050, and one of license 183 12-18-63 sponsible sources. actions taken from July 16,1963 through Scott County Medical Society October 15, 1963, published on Novem­ Blood Bank, Inc., Davenport, P ennsylvania 366 1-10-64 ber 14, 1963 in 28 F.R. 12141. ./ 1 Bucks. Delaware. Cameron. Luzerne. P roduct L icenses Issued Crawford. Montgomery. Pursuant to the authority set forth Product Establishment License No. Date above, emergency loans will not be made in the above-named counties after De­ Reagent Red Blood Cells (Human)------>— Philadelphia Serum Exchange______! 139 19 - 17-63 Radio-Iodinated (I125) Serum Albumin (Hu­ Nuclear Consultants Corp.------281 , 11- 8-63 cember 31,1964, except to applicants who man). previously received emergency or special Radio-Iodmated (I1M) Serum Albumin (Hu­ E. R. Squibb and Sons, Division of Olin S2 11- 13-63 man). Mathieson Chemical Corp., Biological livestock loan assistance and who can Laboratories. qualify under established policies and Single Donor Plasma (Human)------Metro Blood Service, I n c . ------3S2 11- 36-63 Single Donor Plasma (Human)------Western Pennsylvania Blood Center, Inc. 276 11- 29-63 procedures. Citrated Whole Blood (Human)______Fairfax Hospital Blood Bank______365 12 - 4-63 Fibrinogen with Anthihemophilic Factor Merck Sharp & Dohme, division of Merck 2 12- 18-63 Done at Washington, D.C., this 11th (Human). & Co., Inc. day of February 1964. Diphtheria and Tetanus Toxoids and Per­ Parke, Davis and Co------¡ 1 13- 20-63 tussis Vaccine Aluminum Phosphate Ad­ Orville L. F reeman, sorbed and Poliomyelitis Vaccine. Anti-Rh Typing Serum, Anti-rh' (Anti-C)---- National Bio Serums, Inc______349 12- 27-63 Secretary. Single Donor Plasma (Human).,.------University of Cincinnati Blood Trans­ 235 1- 8-64 fusion Service. [F JJ. Doc. 64-1539; Piled, Feb. 14, 1964; Heparinized Whole Blood (Human)—.----— Dallas Blood Bank______353 1- 8-64 8:49 am .] Packed Red Blood Ceils (Human)------__ .do.:______>*______... Packed Red Blood Cells (Human)______Blood Bank, N.C., Memorial Hospital, 314" ""'Ï-944 University of North Carolina. Citrated Whole Blood (Human)------Scott County Medical Society Blood 366 1-40-64 Bank, Inc. TEXAS Single Donor Plasma (Human)------___ do ;___ _— 1— ------— Designation of Area for Emergency Loans i Omitted from 28 F.R. 12141. E stablishment Licenses R evoked Without For the purpose of making emergency P rejudice loans pursuant to section 321 of the Con­ solidated Farmers Home Administration ' Establishment License No.' Date Act of 1961 (7 U.S.C. 1961), it has been determined that in Reeves County, Texas, Brooklyn Donor Center, Inc., Brooklyn, N.Y______278 12- 3-63 natural disasters have caused a need for Southwest Blood Banks, Inc., agricultural credit not readily available Phoenix, Ariz______183 12-18-63 from commercial banks, cooperative lending agencies, or other responsible P roduct Licenses R evoked Without P rejudice sources. Pursuant to the authority set forth Establishment License No.1 Date above, emergency loans will not be made Product in the above-named county after June 30, Anti-Rh Typing Serum, Anti-Rho' (Anti-CD) J Burean of Laboratories, New York City 14 11-13-63 1964, except to applicants who previously Department of Health. received emergency or special livestock Diphtheria Toxoid Aluminum Phosphate Ad­ loan assistance and who can qualify un­ sorbed. ___ do______der established policies and procedures. ___ do______. . . Anti-Ä Blood Grouping Serum...... Btood Bank of thè Alameda Contra : 191 11-13-63 Done at Washington, D.C., this 11th Costa Medicai Association. day of February 1964. Bacterial Antigen with Antibdstammic______Merck Sharp & Dotane, division of 2 f 1-9-64 Orville L. F reeman, Merck & Co., Ine. Secretary (P.R. Doc. 64-1540; Filed, Feb. 14, 1964; Approved: R oderick Murray, 8:49 a.m.] Director, Division of Biologies Standards, National Institutes of Health, Public Health Service, UJS. Department of Health, Education, and Welfare. Approved: DEPARTMENT OF HEALTH, EDU­ J. S tewart Hunter, Assistant to the Surgeon General for Information, Public Health Service, CATION, AND WELFARE UJS. Department of Health, Education, and Welfare. [F R . Doc. 64-1547; Filed, Feb. 14, 1964; 8:49 a.m.] Public Health Service der to show cause why there should not LICENSED BIOLOGICAL PRODUCTS FEDERAL COMMUNICATIONS be revoked the license for Radio Station Notice is hereby given that pursuant COMMISSION 6W1592 in the Citizens Radio Service. to section 351 of the Public Health Serv­ The Commission, by the Chief, Safety ice Act, as amended (42 U.S.C. 262), and ]Docket No. 15334] and Special Radio Services Bureau, under regulations issued thereunder <42 CFR JERRY STEPHEN AUTRY delegated authority, having under con­ Part 73), the following establishment li­ sideration the matter of oertain alleged cense and product license actions have Order To Show Cause violations of the Commission’s rules in been taken from October 16,1963 to Jan­ In the matter of Jerry Stephen Autry, connection with the operation of to® uary 15,1964, inclusive. Atlanta, Georgia, Docket No. 15334; or­ above-captioned station; Saturday, February 15, 1964 FEDERAL REGISTER 2515

It appearing, that, pursuant to § 1.89 May 10,1963, to November 29,1963, under not be revoked, and appear and give (formerly § 1.76) of the Commission’s the call sign KFA—2742 and alter Novem­ evidence in respect thereto at a hearing rules, written notice of violation of the ber 29, 1963, under the call sign KFA- to be held at a time and place to be Commission’s rules was served upon the 9030; specified by subsequent order: above-named licensee at his address of It appearing, that, on September 12, And it is further ordered, That the record as follows: “Official Notice of Vio­ 1963, October 6 and 12,1963, and Decem­ Secretary send a copy of this order by lation dated November 22, 1963, alleging ber 1 and 21,1963, the licensee’s Citizens certified mail—return receipt requested violation of §§ 19.36(a), 19.61 (a) and (f), radio station was operated with excessive to the said licensee at his last known and 19.62 (now 55 95.51(a), 95.81 (a) frequency deviation, in violation of address of 12726 Buaro Avenue, Apart­ and (f), and 95.87) of the Commission’s § 95.45 (formerly § 19.33) of the Com­ ment A, Garden Grove, California. rules. mission’s rules; and It further appearing, that said licensee It further appearing, that, on Septem­ Released: February 12,1964. did not reply to such communication or ber 18, 1963, October 6, 23, and 27, 1963, F ederal Communications to a follow-up letter dated December 9, and November 10, 1963, the licensee’s Commission, 1963, also mailed to the licensee at his Citizens radio station was used to com­ [seal] B en F . W aple, address of record; and municate with units of other stations in Secretary. It further appearing, that, in view of the Citizens Radio Service other than [F.R. Doc. 64-1555; Filed, Feb. 14, 1964; the foregoing, the licensee has repeatedly when necessary for the exchange of sub­ 8:49 a.m.] violated § 1.89 of the Commission’s rules; stantive messages related to the business and or personal activities of the individuals It further appearing, that the viola­ concerned, in violation of § 95.81 (a) [Docket No. 15268] tions of § 1.89 of the Commission’s rules (formerly 5 19.61(a)) of the Commis­ DONALD M. GODDARD and the related facts create apparent sion’s rules; and liability by the respondent to a monetary It further appearing, that, on Septem­ 1 Order To Show Cause forfeiture of $100 under section 510 of ber 18, 1963, and October 6, 1963, the the Communications Act of 1934, as licensee’s Citizens radio station, while en­ In the matter of Donald M. Goddard, amended, and § 1.80 of the Commission’s gaged in communication with units of Fullerton, California, Docket No. 15268, rules; and also subject the license of the other Citizens radio stations, participated order to show cause why there should not above-captioned station to revocation in the exchange of communications be revoked the license for Radio Station under the provisions of section 312 of the which exceeded five consecutive minutes 11W8599 in the Citizens Radio Service. Communications Act of 1934, as in violation of 5 95.81(f) (formerly The Commission, by the Chief, Safety amended; but further proceedings in this 5 19.61(f)) of the Commission’s rules; and Special Radio Services Bureau, un­ Docket should be limited to action look­ and der delegated authority, having under ing toward a determination as to whether It further appearing, that, on Septem­ consideration the matter of certain al­ an order of revocation should be issued: ber 18, 1963, and October 6, 23, and 27, leged violations of the Commission’s rules It is ordered, This 11th day of February 1963, the licensee’s Citizens radio station in connection with the operation of the 1964, pursuant to section 312(a) (4) and was operated without transmitting its above-captioned station; (c) of the Communications Act of 1934, authorized call sign at the beginning and It appearing, that, pursuant to 5 1.89 as amended, and 5 0.331(b)(8) of the end of communications, in violation of (formerly 5 1.76) of the Commission’s Commission’s rules, that licensee show 5 95.87 (formerly 5 19.62) of the Com­ rules, written notice of violation of the cause why the license for the above- mission’s rules; and Commission’s rules was served upon the captioned radio station should not be It further appearing, that, in view of above-named licensee at his address of revoked, and appear and give evidence the foregoing, the licensee has repeatedly record as follows: Official Notice of Vio­ in respect thereto at a hearing to be held violated 55 95.45, 95.81(a), and 95.81(f) lation mailed on June 5, 1963, alleging at a time and place to be specified by and 95.87 of the Commission’s rules; and violation of 5 19.33 of the Commission’s subsequent order; It further appearing, that, pursuant to rules. And it is further ordered, That the 5 1.89 (formerly 5 1.76) of the Commis­ It further appearing, that said licensee Secretary send a copy of this Order by sion’s rules, written notices of violation, did not reply to such communication or Certified Mail—Return Receipt Re­ dated September 13 and 27, 1963, and to follow-up letters dated August 7 and quested to licensee at his last known October 7, 1963, requiring explanatory October 1, 1963, also mailed to the li­ address of 1055 Rosehaven Terrace, responses, were served upon the licensee censee at his address of record; and Atlanta 10, Georgia. at his address of record, but that no re­ It further appearing, that, in view sponses were made thereto by the of the foregoing, the lincensee has re­ Released: February 12 , 1964. licensee; and peatedly violated 5 1.89 of the Commis­ F ederal Communications It further appearing, that, in view of sion’s rules; and Commission, the foregoing failures to reply, the li­ It is ordered, This 11th day of Febru­ [seal] B en F . W aple, censee has repeatedly violated 5 1.89 of ary 1964, pursuant to section 312(a) (4) Secretary. the Commission’s rules; and and (c) of the Communications Act of 1934, as amended, and 5 0.331(b) (8) of [F.R. Doc. 64-1553; FUed, Feb. 14, 1964; It further appearing, that the forego­ 8:49 ajn.] ing violations of 5 95.45 of the' Commis­ the Commission’s rules, that the said li­ sion’s rules and the related facts create censee show cause why the license for apparent liability by the licensee to a the above-captioned radio station should [Docket No. 15332] monetary forfeiture of $100 under sec­ not be revoked, and appear and give evi­ tion 510 of the Communications Act of dence in respect thereto at a hearing RICHARD B. ELLWOOD 1934, as amended, and 5 1.80 of the Com­ to be held at a time and place to be Order To Show Cause mission’s rules; and also subjects the li­ specified by subsequent order; and cense of the above-captioned radio sta­ It is further ordered, That the Secre­ In the matter of Richard B. Ellwood, tion to revocation under the provisions tary send a copy of this Order by Certi­ Garden Grove, California, Docket No. of section 312 of the Communications Act 15332; order to show cause why there fied Mail—Return Receipt Requested to of 1934, as amended; but further pro­ the said licensee at his last known ad­ should not be revoked the license for ceedings in this Docket should be limited Radio Station KFA-9030 in the Citizens dress of 328 North Orchard, Fullerton, to action looking toward a determination California. Radio Service. as to whether an order of revocation The Commission, by the Chief, Safety should be issued: Released: February 12,1964. and Special Radio Services Bureau, It is ordered, This 10th day of Feb­ F ederal Communications under delegated authority, having under ruary 1964, pursuant to section 312(a) consideration the matter of certain al­ (4) and (c) of the Communications Act Commission, leged violations of the Commission’s rules of 1934, as amended, and 5 0.331(b) (8) of [seal] B en F . W aple, in connection with the operation of a the Commission’s rules, that the said li­ Secretary. Citizens (Class D) radio station licensed censee show cause why the license for [F.R. Doc. 64-1556; Filed, Feb. 14, 1964; to Richard B. Ellwood. authorized from the above-captioned radio station should 8:49 a.m.] 2416 NOTICES [Docket No. 15311] [Docket No. 153371 [Docket No. 15335] H & H PROPERTY MAINTENANCE, ALBERT S. HOLT THOMAS J. HUGHES Order To Show Cause INC. Order To Show Cause Order To Show Cause In the matter of Thomas J. Hughes, In the matter of Albert S. Holt, Comp­ Boston, Massachusetts, Docket No. 15311, In the matter of H & H Property Main­ ton, California, Docket No. 15335, order order to show cause why there should tenance, Inc., West Hollywood, Florida, to show cause why there should not be not be revoked the license for Citizens Docket No. 15337, order to show cause revoked the license for Radio Station Radio Station KDB-1335. why there should not be revoked the li­ KEJ-3522 in the Citizens Radio Service. The Commission, by the Chief, Safety cense for Radio Station KDI-2737 in the The Commission, by the Chief, Safety and Special Radio Services Bureau, Citizens Radio Service. and Special Radio Services Bureau, un­ under delegated authority, having under The Commission, by the Chief, Safety der delegated authority, having under consideration certain alleged violations and Special Radio Services Bureau, un­ consideration the matter of certain al­ in the operation of Citizens radio station der delegated authority, having under leged violations of the Commission’s rules KDB-1335; consideration the matter of certain al­ in connection with the operation of the It appearing, that, on or about Decem­ leged violations of the Commission’s rules above-captioned station; ber 6, 1963, the licensee willfully trans­ in connection with the operation of the It appearing, that, pursuant to § 1.89 mitted, by means of the captioned radio above-captioned station; (formerly § 1.76) of the Commission’s station, communications containing ob­ It appearing, that, pursuant to § 1.89 rules, written notice of violation of the scene, indecent, or profane language, (formerly § 1.76) of the Commission’s Commission’s rules was served upon the in violation of Title 18, United States rules, written notice of violation of the above-named licensee at his address of Code, section 1464; and Commission’s rules was served upon the record as follows: Official Notice of Vio­ It further appearing, that, on or about above-named licensee at his address of lation dated October 23, 1963* alleging December 6, 1963, the licensee willfully record as follows: Official Notice of Vio­ violation of §§ 19.61(a) and 19.62 (now used the captioned radio station for the lation dated October 10, 1963, alleging §§ 95.81(a) and 95.87) of the Commis­ transmission of communications to units violation of § 19.33 (now § 95.45) of the. sion’s rules. of other Citizens radio stations which Commission’s rules. It further appearing, that said licensee were not necessary for the exchange of It further appearing, that said li­ did not reply to such communication or substantive messages related to the censee did not reply to such communica­ to a follow-up letter dated November 22, business or personal affairs of the in­ tion or to a follow-up letter dated Novem­ 1963, also mailed to the licensee at his- dividuals concerned, in violation of ber 5,1963, also mailed to the licensee at address of record; and § 95.81(a) of the Commission’s rules; his address of record; and It further appearing, that, in view of and It further appearing, that, in view of the foregoing, the licensee has repeatedly It further appearing, that, based on the the foregoing, the licensee has repeatedly violated § 1.89 of the Commission’s rules; usage made of the captioned radio sta­ violated § 1.89 of the Commission’s rules; and tion by the licensee on December 6,1963, and It further appearing, that the viola­ the Commission would be warranted in It further appearing, that the viola­ tions of § 1.89 of the Commission’s rules refusing to grant an application from tions of § 1.89 of the Commission’s rules and the related facts create apparent this licensee for the same class of radio and the related facts create apparent liability by the respondent to a monetary station license if the original application liability by the respondent to a monetary forfeiture of $100 under section 510 of were now before it; forfeiture of $100 under section 510 of the Communications Act of 1934, as It is ordered, This 11th day of February the Communications Act of 1934, as amended, and § 1.80 of the Commission’s 1964, pursuant to section 312(a) (2), amended, and § 1.80 of the Commission’s rules; and also subject the license of the (4) and (6) and (c) of the Communica­ rules; and also subject the license of the above-captioned station to revocation tions Act of 1934, as amended, and above-captioned station to revocation under the provisions of section 312 of § 0.331 (b) of the Commission’s rules, that under the provisions of section 312 of the Communications Act of 1934, as the licensee show cause why the license the Communications Act of 1934, as amended; but further proceedings in this for the captioned radio station should amended; but further proceedings in this Docket should be limited to action look­ not be revoked and appear and give evi­ Docket should be limited to action look­ ing toward a determination as to dence with respect thereto at a hearing ing toward a determination as to whether an order of revocation should to be held at a time and place to be speci­ whether an order of revocation should be be issued; fied by subsequent order; and issued; It is ordered, This 11th day of February It is further ordered, That the Secre­ It is ordered, This 11th day of February 1964, pursuant to section 312(a) (4) and tary send a copy of this order by cer­ 1964, pursuant to section 312(a) (4) and (c) of the Communications Act of 1934, tified mail—return receipt requested to (c) of the Communications Act of 1934, as amended, and 5 0.331(b)(8) of the the licensee at his last known address of as amended, and § 0.331(b) (8) of the Commission’s rules, that licensee show 22 Darlington Street, Boston, Massachu­ Commission’s rules, that licensee show cause why the license for the above- setts. cause why the license for the above-cap­ captioned radio station should not be tioned radio station should not be re­ revoked, and appear and give evidence Released: February 12,1964. voked, and appear and give evidence in in respect thereto at a hearing to be F ederal Communications respect thereto at a hearing to be held held at a time and place to be specified Commission, at a time and place to be specified by sub­ by subsequent order; and [seal] Ben F. Waple, sequent order; and It is further ordered, That the Secre­ Secretary. It is further ordered, That the Secre­ tary send a copy of this Order by tary send a copy of this Order by Certi­ Certified Mail - Return Receipt Re­ [F.R. Doc. 64-1561; Filed, Feb. 14, 1964; fied Mail—Return Receipt Requested to quested to licensee at his last known 8:50 ajtn.] licensee at his last known address of 1009 address of 407 West Magnolia Street, S.W. 58th Avenue, West Hollywood, Compton 4, California. [Docket No. 15336] Florida. Released: February 12,1964. EARL L. JOHNSON Released: February 12,1964. F ederal Communications Order To Show Cause F ederal Communications Commission, Commission. In the matter of Earl L. Johnson, Bal­ [seal] B en F. Waple, [seal] Ben F. Waple, timore, Maryland, Docket No. 15336; Secretary, Secretary. order to show cause why there should not Station [F.R. Doc. 64-1558; Filed, Feb. 14, 1964; [F.R. Doc. 64-1560; Filed, Feb. 14, 1964; be revoked the license for Radio 8:50 a.m.]' 8:50 am .] KCG-0478 in the Citizens Radio Service. Saturday, February 15, 1964 FEDERAL REGISTER 2517

The Commission, by the Chief, Safety suant to section 312 (b) and (c) of the munity Publishing does not desire to and Special Radio Services Bureau, un­ Communications Act of 1934, as avail itself of its opportunity to appear der delegated authority, having under amended (47 U.S.C. sec. 312), §§ 0.111(f) before the Commission and give evidence consideration the matter of certain al­ and 0.311(a) (4) of the rules of the Fed­ on the matters specified herein, it shall, leged violations of the Commission’s eral Communications Commission (28 within 30 days of receipt of this Order, rules in connection with the operation of F.R. 12397, 12406) to Henry Quinn and file with the Commission, in triplicate, the above-captioned station; C. O. Tÿsor d/b/a Community Publish­ a written waiver of hearing. Such It appearing, that, pursuant to § 1.89 ing Co., 209 Broad Street, Edenton, waiver may be accompanied by a state­ (formerly § 1.76) of the Commission’s North Carolina, hereinafter referred to ment of the reasons why Community rules, written notice of violation of the as Community Publishing, to cease and Publishing believes that a cease and Commission’s rules was served upon the desist from operating industrial heating desist Order should not issue: above-named licensee at his address of equipment without a proper license or And it is further ordered, That failure record as follows: “Official Notice of Vio­ certificate as required by Part 18 of the of said Community Publishing timely to lation dated October 29, 1963, alleging rules of this Commission; respond to this Order or its failure to violation of § 19.33 (now § 95.45) of the It appearing, that Community Pub­ appear at the hearing designated herein Commission’s rules.” lishing operates in its plant at 209 Broad will be deemed a waiver of hearing: It further appearing, that said licensee Street, Edenton, North Carolina certain And it is furthered ordered, That the did not reply to such communication or industrial heating equipment which Secretary send a copy of this Order by to a follow-up letter dated November 25, utilizes a radio frequency generator of Certified Mail—Return Receipt Re­ 1963, also mailed to the licensee at his generators and transmits radio fre­ address of record; and quested to Community Publishing Com­ quency energy on frequencies allocated pany at 209 Broad Street, Edenton, It further appearing, that, in view of for use by authorized radio services, and North Carolina. the foregoing, the licensee has repeatedly It further appearing, that said in­ violated § 1.89 of the Commission’s rules; dustrial heating equipment is subject to Released: February 10, 1964. and the provisions of Part 18 of the Com­ F ederal Communications It further appearing, that the viola­ mission’s rules (28 F.R. 12533 et seq.) ; Commission, tions of § 1.89 of the Commission’s rules and [seal] B en F . W aple, and the related facts create apparent It further appearing, that the above Secretary. liability by the respondent to a monetary facts have been called to the attention forfeiture of $100 under section 510 of of Community Publishing by the Com­ [F.R. Doc. 64-1554; Filed, Feb. 14, 1964; the Communications Act of 1934, as mission, both orally and in writing, and 8:49 a.m.] amended, and § 1.80 of the Commission’s that Community Publishing has been rules; and also subject the license of afforded an opportunity to demonstrate the above-captioned station to revo­ or achieve compliance with all lawful [Docket Nos. 15299, 15300] cation under the provisions of section requirements but such demonstration ROBERT L. GREAIGE ET AL. 312 of the Communications Act of 1934, has not been made and such compliance as amended; but further proceedings in has not been accomplished. Order Designating Applications for this Docket should be limited to action It is ordered, This 7th day of Febru­ Consolidated Hearing on Stated looking toward a determination as to ary 1964, pursuant to section 312 (b) and Issues whether an order of revocation should (c) of the Communications Act of 1934, be issued: as amended (47 U.S.C. sec. 312), and In re applications of Robert L. Greaige It is ordered, This 11th day of Febru­ §§ 0.111(f) and 0.311(a)(4) of the rules and Roderick C. Maxson d/b as Great ary 1964, pursuant to section 312(a) (4) of the Federal Communications Commis­ Northern Broadcasting System, Traverse and (c) of the Communications Act of sion (28 F it. 12397, 12406) that Henry City, Michigan, Requests: 101.9 me, 1934, as amended, and § 0.331(b) (8) of Quinn and C. O. Tysor d/b/a Community #270; 100 kw; 483.75 ft., Docket No. the Commission’s rules, that licensee Publishing Co., show cause why there 15299, File No. BPH-3982; Midwestern show cause why the license for the should not be issued an order command­ Broadcasting Company, Traverse City, above-captioned radio station should ing them to cease and desist from operat­ Michigan, Requests: 101.9 me, #270; not be revoked, and appear and give ing industrial heating equipment in 38.2 kw; 715 ft., Docket No. 15300; File evidence in respect thereto at a hearing. violation of the provisions of Part 18 of No. BPH-4079; for construction permits. to be held at a time and place to be the Commission’s rules. That is: the The Commission, by the Chief of the specified by subsequent order : said Henry Quinn and C. O. Tysor d/b/a Broadcast Bureau under delegated au­ And it is further ordered, That the Community Publishing Co., their agents, thority, considered the above-captioned Secretary send a copy of this order by employees, privies, assigns, successors in applications on February 10, 1964; certified mail—return receipt requested interest, or other parties acting in con­ It appearing, that the above-captioned to licensee at his last known address of cert with them shall cease and desist applications are mutually exclusive in 511 Cherry Hill Road, Baltimore, Mary­ from operating industrial heating equip­ that operation by the applicants as pro­ land, 21225. ment without a proper license or certifi­ posed would result in mutually destruc­ cate as required by Part 18 of the rules tive interference; and Released: February 12,1964. of this Commission; It further appearing, that the areas F ederal Communications And it is further ordered, That a for which the applicants propose to pro­ Commission, hearing in this matter be held before a vide FM broadcast service are signifi­ [seal] B en F . W aple, Commission hearing examiner and at a cantly different in size and that for pur­ Secretary. time and place to be designated by sub­ poses of comparison, the areas and popu­ lations within the respective 1 mv/m [F.R. Doc. 64-1563; Filed, Feb. 14, 1964; sequent order but in no event less than 8:51 a.m.] 30 days from the receipt of this order to contours together with the availability determine whether said cease and desist of other FM service (at least 1 mv/m) order should be issued, and that Com­ within such areas will be considered in [Docket No. 15333] munity Publishing is herewith called the hearing ordered below for the pur­ upon to appear at this hearing and give pose of determining whether a compara­ HENRY QUINN ET AL. evidence upon the matters specified tive preference should accrue to either applicant; and Show Cause Order herein: And it is further ordered, Pursuant to It further appearing, that upon due In the matter of cease and desist order § 1.91 of the rules, that Community Pub­ consideration of the above-captioned ap­ to be directed to Henry Quinn and C. O. lishing is directed to file with the Com­ plications, the Commission finds that Tysor d/b/a Community Publishing Co., mission within 30 days of receipt of this pursuant to section 309(e) of the Com­ 209 Broad Street, Edenton, North Caro­ Order a written appearance in triplicate, munications Act of 1934, as amended, a lina; Docket No. 15333. stating that Community Publishing will hearing is necessary; that each of the The Commission having under con­ appear and present evidence on the mat­ applicants is legally, financially, tech­ sideration the issuance of an order pur­ ters specified in this Order. If Com­ nically and otherwise qualified to con- 2518 NOTICES struct, own and operate the FM broad­ I Docket No. 15317; FCC 64M-112] under the circumstances here presented cast facilities proposed; the Commission must look behind the CHARLES L. HAMILTON, SR., AND corporate veil of United Artists Broad­ It is ordered, That, pursuant to sec­ MILDRED B. HAMILTON (KBAB) tion 309(e) of the Communications Act casting, Inc., and notice the character of of 1934, as amended, the above-captioned Order Scheduling Hearing the parent corporation (Mansfield Jour­ applications are designated for hearing nal Co. v. Federal Communications Com­ in a consolidated proceeding at a time In re application of Charles L. Hamil­ mission, 180 F. 2d, at page 37). Pursuant and place to be specified in a subsequent ton, Sr., and Mildred B. Hamilton to its policy as expressed in its “Report Order, upon the following issues: (KBAB), Indianola, Iowa, Docket No. on Uniform Policy as to Violation by 1 . To determine the area and popula­ 15317, File No. BMP-10047, for construc­ Applicants of Laws of United States: tion within the proposed 1 mv/m con­ tion permit. (Docket No. 9572, 1 R R [Part Three] tours, the areas and populations therein It is ordered, This 10th day of Febru­ Page 91:495-503, April, 1951), the Com­ which would be served by the proposed ary 1964, that Isadore A. Honig will pre­ mission must determine, in the light of stations and the availability of other side at the hearing in the above-entitled the past history of the parent corpora­ FM services (at least 1 mv/m) to such proceeding which is hereby scheduled to tion, whether the applicant has the commence on March 31, 1964, in Wash­ requisite qualifications to be a broadcast proposed service areas. 2. To determine, on a comparative ington, D.C. And it is further ordered, licensee. That a prehearing conference in the pro­ (b) United Artists Corporation is a basis, which of the proposals would ceeding will be convened by the presid­ publicly-owned corporation having ap­ better serve the public interest, con­ ing officer at 9:00 a.m., March 2, 1964. - proximately 7,000 stockholders repre­ venience and necessity in the light of the senting ownership of 1,803,542 shares of evidence adduced pursuant to the fore­ Released: February 11, 1964. voting stock. The applicant states that going issue and the record made with re­ F ederal Communications it has determined, by means of a sample spect to the significant differences be­ Commission, survey, that less than 25 percent of its tween the applicants as to: [seal] B en F . W aple, outstanding stock is owned by persons (a) The background and experience of Secretary. not citizens of the United States. Since each, bearing on its ability to own and the basis for this conclusion has not been operate the FM broadcast station as [F.R. Doc. 64-1559; Filed, Feb. 14, 1964; 8:50 a.m.] adequately disclosed, it cannot be deter­ proposed. mined that the said survey is statistically (b) The proposals of each with re­ valid. An issue is necessary, therefore, spect to the management and operation [Docket Nos. 15323-^15325; FCC 64-96] to determine whether a grant of the of the FM broacast station as proposed. INTEGRATED COMMUNICATION SYS­ application of United Artists Broadcast­ (c) The programming services pro­ ing, Inc., would be consistent with the posed in each of the above-captioned ap­ TEMS, INC., OF MASSACHUSETTS, provisions. of section 310(a)(5) of the plications. ET AL. Communications Act of 1934, as 3. To determine, in the light of the Order Designating Applications for amended. evidence adduced pursuant to the fore­ (c) It appears that a significant por­ going issues which of the applications Consolidated Hearing on Stated tion of the voting stock of United Artists should be granted. Issues Corporation is owned by holding com­ It is further ordered, That, to avail panies, nominees, or others for and on themselves of the opportunity to be In re applications of Integrated Com­ munication Systems, inc. of Massachu­ behalf of persons unknown. Under these heard, the applicants herein, pursuant circumstances, it is not possible to de­ to § 1.221(c) of the Commission’s rules, setts, Boston, Massachusetts, Docket No. 15323, File No. BPCT-3167; United termine whether, as stockholders, such in person or by attorney, shall, within nominal or beneficial owners have broad­ twenty (20) days of the mailing of this Artists Broadcasting, Inc., Boston, Mas­ Order, file with the Commission in tripli­ sachusetts, Docket No. 15324, File No. cast interests which, considered in con­ cate a written appearance stating an BPCT-3169; WGBH Educational Foun­ nection with the application of ««United intention to appear on the date fixed for dation, Boston, Massachusetts, Docket Artists Broadcasting, Inc., would be in­ the hearing and present evidence on the No. 15325, File No. BPCT-3277; for con­ consistent with the multiple ownership issues specified in this Order. struction permits for new television provisions of the Commission’s rules. It It is further ordered, That the appli­ broadcast stations. must be determined, therefore, whether a cants herein shall, pursuant to section At a session of the Federal Communi­ grant of the application of United Artists 311(a)(2) of the Communications Act cations Commission held at its offices in Broadcasting, Inc., would be consistent of 1934, as amended, and § 1.594 of the Washington, D.C., on the 5th day of with the provisions of § 73.636 of the Commission’s rules, give notice of the February 1964; Commission’s rules. hearing, either individually or, if feasi­ The Commission, having under con­ (d) Integrated Communication Sys­ ble and consistent with the rules, jointly, sideration, the above-captioned applica­ tems, Inc., owns 73.5 percent of the issued within the time and in the manner pre­ tions, each requesting a construction stock of the applicant, Integrated Com­ scribed in such rule, and shall advise the permit for a new television broadcast munication Systems, Inc. of Massachu­ Commission of the publication of such station to operate on Channel 44, Boston, setts, but no information has been fur­ notice as required by § 1.594(g) of the Massachusetts; and nished as to the nature of the business rules. It appearing, that the above-captioned of the parent corporation. It cannot be It is fu rther ordered, That the issues in applications are mutually exclusive in determined, therefore, what effect, if the above-captioned proceeding may be that operation by the applicants as pro­ any, such business may have on the enlarged by the Examiner, on his own posed would result in mutually destruc­ ability of the applicant to construct, motion or on petition properly filed by a tive interference; and own and operate a television broadcast party to the proceeding, and upon suffi­ It further appearing, that the follow­ station in the public interest. cient allegations of fact in support ing matters are to be considered in con­ (e) The application of Integrated thereof, by the addition of the following nection with the issues specified below: Communication Systems, Inc. of Massa­ issue: (a) United Artists Broadcasting, Inc.,chusetts shows that Meyer Gasner is the To determine whether the funds avail­ a new corporation, is a wholly-owned owner of 3 percent of the stock of the ap­ able to the applicant will give reasonable subsidiary of, and is completely con­ plicant corporation, but no information assurance that the proposals set forth in trolled by, United Artists Corporation, a has been furnished as to his citizenship, the applications will be effectuated. distributor of motion picture films. business, or broadcast interests, if any. United Artists Corporation has been An issue to elicit such information will, Released: February 12, 1964. involved in numerous antitrust actions, accordingly, be specified. including a major civil antitrust suit (f) Based on the information con­ F ederal Communications brought by the United States in which tained in the application of Integrated Commission, United Artists Corporation was adjudged Communication Systems, Inc., of Massa­ [ seal] B en F . W aple, chusetts, cash in the amount of approxi­ Secretary. to be in violation of laws of the United States. Notwithstanding the fact that mately $218,000 will be required for the [F.R. Doc. 64-1557; Filed, Feb. 14, 1964; the applicant herein did not exist at the construction and initial operation of the 8:50 a.m.] time of the above-mentioned violation, proposed station. The applicant’s plan / Saturday, February 15, 1964 FEDERAL REGISTER 2519

of financing calls for the use of exist­ rule making (RM-356) on August 15, It further appearing, that, upon due ing capital of approximately $5,000 and 1962, requesting the reservation of Chan­ consideration of the above-captioned ap­ loans from eight stockholders, totalling nel 44 in Boston for noncommercial edu­ plications, the Commission finds that, $219,000. The applicant, however, ap­ cational use, and on May 15, 1963, filed pursuant to section 309(e) of the Com­ pears to have available to it existing an informal objection pursuant to § 1.587 munications Act of 1934, as amended, a capital of approximately $2,200 and of the Commission's rules, requesting hearing is necessary and that the said loans totalling $144,000 from six stock­ that action on the applications of Inte­ applications must be designated for hear­ holders who appear to be financially grated Communication Systems, Inc., of ing in a consolidated proceeding on the qualified to meet their commitments. Massachusetts and United Artists Broad­ issues set forth below: Stockholders Meyer Gasner and Harold casting, Irtc., be deferred pending de­ It is ordered, That, pursuant to section L. Turobiner have not shown current termination by the Commission of the 309(e) of the Communications Act of and liquid assets in excess of liabilities said rule making proceeding. Opposi­ 1934, as amended, the above-captioned in sufficient amount to meet their com­ tions to the objection were filed by Inte­ applications of Integrated Communica­ mitments. It cannot be determined, grated and United Artists and WGBH tion Systems, Inc. of Massachusetts, therefore, that the applicant is finan­ Educational Foundation filed a reply to United Artists Broadcasting, Inc., and cially qualified. The evidence to be ad­ the oppositions. On October 28, 1963, WGBH Educational Foundation are des­ duced with respect to the financial is­ the Commission released a “Further No­ ignated for hearing in a consolidated sue specified in connection herewith will tice of Proposed Rule Making” in Docket proceeding at a time and place to be be restricted to the deficiencies described, No. 14229 (FCC 63-975) proposing a re­ specified in a subsequent Order, upon or to an alternate showing of financial vised allocation plan of UHF channels the following issues: qualifications. which would add new assignments to the 1. To determine, in the light of the (g) WGBH Educational Foundation present Table of Assignments. This pro­ past conduct of United Artists Corpora­ proposes to locate its main studio at the posal contemplates, inter alia, the assign­ tion, whether United Artists Broadcast­ same location as the present studios of ment of Channel *25 to Boston for non­ ing, Inc., has the requisite qualifications Television Broadcast Station WGH-TV, commercial educational use and the re­ to be a licensee of a television broadcast which are located outside the corporate tention of Channel 44 for commercial station. limits of the City of Boston. It must use. The Commission has stated, in its 2. To determine whether a grant of be determined, therefore, whether ma “Further Notice of Proposed Rule Mak­ the application of United Artists Broad­ grant of the application would be con­ ing” in Docket No. 14229, that petitions casting, Inc., would be consistent with sistent with the provisions of § 73.613(a) for UHF assignments now pending (such the provisions of section 310(a) (5 ) of of the Commission’s rules and, if not, as that filed by WGBH Educational the Communications Act of 1934, as whether circumstances exist which would Foundation in RM-356) will be treated amended. warrant a waiver of said section. as comments in that proceeding. On 3. To determine whether a grant of (h) Based on the information con­ January 2, 1964, the three applicants the application of United Artists Broad­ tained in the application of WGBH Ed­ herein filed a “Joint Statement” urging casting, Inc., would be consistent with ucational Foundation, cash in the the addition of Channel 25 to Boston the provisions of § 73.636 of the Commis­ amount of approximately $270,000 will as a commercial channel, and the res­ sion’s rules. be required for the construction and ini­ ervation of Channel 44 for noncommer­ tial operation of the proposed station. 4. To determine the nature of the cial educational use. In view of the fact business of Integrated Communication The applicant's plan for financing calls that the proposed rule making proceed­ Systems, Inc., and the effect, if any, for the use of existing capital of $95,000, ing could result in the substitution of which the said business may have on the* donations of $42,000 and a Federal grant another UHF commercial channel in of $133,000 from the Department of ability of the applicant to construct, own Boston in lieu of Channel 44, or other­ and operate a television broadcast sta­ Health, Education, and Welfare. It ap­ wise operate to make Channel 44 unavail­ tion in the public interest. pears, however, that the applicant has able for commercial use in Boston, the 5. To determine, the citizenship, busi­ not received approval by the Department Commission. is of the opinion that a grant ness, and broadcast interest, if any, of of Health, Education, and Welfare for a of any of the instant applications must Meyer Gasner. Federal grant. It further appears that be made subject to the condition that the applicant, having applied for a com­ 6. To determine whether Integrated the Commission may, without further Communication Systems, Inc. of Massa­ mercial channel, rather than for a chan­ proceedings, substitute for Channel 44 nel reserved for noncommercial educa­ chusetts is financially qualified to con­ such other commercial channel as may struct, own and operate the proposed tional use, may not be eligible for a Fed­ be assigned to Boston, Massachusetts, in­ television broadcast station. eral grant under the applicable rules of stead of Channel 44, in the rule making the Department of Health, Education, 7. To determine whether a grant of proceeding proposed in Docket No. 14229. the application of WGBH Educational and Welfare. It cannot be determined, In view of the “Joint Statement” filed therefore, that the applicant is finan­ Foundation would be consistent with the herein, it appears that WGBH’s objec­ provisions of § 73.613(a) of the Commis­ cially qualified. The evidence to be ad­ tion is now moot and will, accordingly, be duced with respect to the financial issue sion’s rules and, if not, whether circum­ denied. stances exist which would warrant a specified in connection herewith v/ill be It further appearing, that the appli­ waiver of said section. restricted to the deficiencies described, or cations of United Artists Broadcasting, to an alternate showing of financial 8. To determine whether WGBH Edu­ Inc., for construction permits for new cational Foundation is financially quali­ qualifications. television broadcast stations in Houston, It further appearing, that, except as fied to construct, own and operate the Texas, and Cleveland, Ohio, have previ­ proposed television broadcast station. indicated above, Integrated Communica­ ously been designated for hearing with tion Systems, Inc. of Massachusetts is 9. To determine, on a comparative mutually exclusive applications; that the basis, which of the operations-proposed legally, technically, and otherwise quali­ question as to its basic qualifications to fied to construct, own and operate the in the above-captioned applications be a licensee is in issue in those proceed­ would best serve the public interest, con­ proposed television broadcast station; ings as well as in the instant proceed­ and that, except as indicated above, venience and necessity in light of the ing; that all of the parties to the three significant differences between the appli­ United Artists Broadcasting, Inc., is tech­ cants as to: nically and financially qualified to con­ proceedings have previously indicated struct, own and operate the proposed their acceptance of the procedure where­ (a) The background and experience of television broadcast station; and that, by the same Examiner will preside in each, bearing on its ability to own and all three proceedings; that it would be operate the proposed television broadcast except as indicated above, WGBH Ed­ station. ucational Foundation is legally, tech­ conducive to the efficient dispatch of the nically and otherwise qualified to con­ (b) The proposals of each with respect Commission’s business for this 'common to the management and operation of the struct, own and operate the proposed basic qualifications issue relative to Unit­ television broadcast station; and proposed television broadcast stations. ed Artists Broadcasting, Inc., to be heard (c) The programming services pro­ It further appearing, that WGBH Edu­ at one time with all of the parties to the cational Foundation filed a petition for posed in each of the above-captioned three proceedings participating. applications. 2520 NOTICES [Docket No. 15318; FCC 64M-113] 10. To determine, in the light of the [Docket Nos. 15269,15270; FCC64M-116] evidence adduced pursuant to the fore­ MEREDITH COLON JOHNSTON MIDDLESEX BROADCASTING CO. going issues, which, if any, of the instant (WCNX) applications should be granted. (WECP) AND WILLIAM HOWARD It is further ordered, That, in the event COLE (WHOC) Order Scheduling Hearing of a grant of any of the above-captioned Order Regarding Procedural Dates In re application of The Middlesex applications, such grant shall be made Broadcasting Company (WCNX), Mid­ subject to the condition that the Com­ In re applications of Meredith Colon dletown, Connecticut, Docket No. 15318, mission may, without further proceed­ Johnston (WECP), Carthage, Mississippi, File No. BP-14055; for construction ings, specify operation by the permittee Docket No. 15269, File No. BP—15088; permit. on such other commercial channel as William Howard Cole (WHOC), Phila­ It is ordered, This 10th day of Febru­ may be assigned to Boston, Massachu­ delphia, Mississippi, Docket No. 15270, ary 1964, that James D. Cunningham will setts, in lieu of Channel 44, in the Rule File No. BP-15231; for construction preside at the hearing in the above- Making proceeding proposed in Docket permits. entitled proceeding which is hereby No. 14229: Pursuant to agreements reached at a scheduled to commence on March 30, And it is further ordered, That the in­ prehearing conference held on Febru­ 1964, in Washington, D.C. And, it is formal objection filed herein by WGBH ary 10,1964: It is ordered, This 10th day further ordered, That a prehearing con­ Educational Foundation is denied as of February 1964, that the following ference in the proceeding will be con­ moot: schedule of procedural steps shall be vened by the presiding officer at 9:00 And it is further ordered, That, with effected on the dates specified: a.m., March 9,1964. respect to the common basic qualifica­ tions issue relative to United Artists February 19, 1964, Johnston will notify Released: February 11,1964. Broadcasting, Inc., this issue is hereby other parties of station location coordinates. March 19, 1964, Hearing will be held on F ederal Communications consolidated to the extent that all of the issues 7 and 8. Commission, parties are to participate in the presenta­ April 1, 1964, Exchange of direct presenta­ [seal] Ben F. Waple, tion of evidence before the Hearing tions addressed to issues 1 to 6. Secretary. Examiner and that the evidence adduced April 15, 1964, Informal Engineering Con­ [F,R. Doc. 64-1566; Filed, Feb. 14, 1964; under this consolidated issue is to be ference. 8:51 a.m.] considered and evaluated in the Initial April 22, 1964, Parties’ direct presentations Decision to be issued in all three will not be altered after this date. proceedings. April 27, 1964, Hearing on Issues 1 to 6. [Docket No. 15321; FCC 64M-115] It is further ordered, That the issues Released: February 11,1964. PEPINO BROADCASTERS, INC. in the above-captioned proceeding may be enlarged by the Examiner, upon his F ederal Communications Order Scheduling Hearing own motion or upon petition properly Commission, filed by a party to the proceeding, and [seal] Ben F. Waple, In re application of Pepino Broad­ upon sufficient allegations of fact in sup­ Secretary. casters, Inc., San Sebastian, Puerto Rico, Docket No. 15321, File No. BP-14253; for port thereof, by the addition of the fol­ [F.R. Doc. 64-1564; Filed, Feb. 14, 1964; lowing issue: “To determine whether the 8:51 a.m.] construction permit. funds available to the applicant will give it is ordered, This 10th day of Febru­ reasonable assurance that the proposals ary 1964, that Jay A. Kyle will preside set forth in the application will be [Docket Nos. 15319,15320; FCC 64M-114] at the hearing in the above-entitled pro­ ceeding which is hereby scheduled to effectuated.” It is further ordered, That, to avail MARIETTA BROADCASTING CO., INC. commence on April 2, 1964, in Washing­ (WBIE) AND COBB COUNTY ton, D.C. And, it is further ordered, themselves of the opportunity to be That a prehearing conference in the pro­ heard, Integrated Communication Sys­ BROADCASTING CO. ceeding will be convened by the presiding tems, Inc., of Massachusetts, United Artists Broadcasting, Inc., and WGBH Order Scheduling Hearing officer at 9:00 a.m., March 12,1964. Educational Foundation, pursuant to Released: February 11, 1964. § 1.221(c) of the Commission’s rules, in In re applications of Marietta Broad­ casting Company, Inc. (W BIE), Marietta, F ederal Communications person or by attorney, shall, within Commission, twenty (20) days of the mailing of the Georgia, Docket No. 15319, File No. B P - 15405; Sheridan W. Pruett and Charles [seal] Ben F. Waple, Order, file with the Commission, in trip­ Secretary. licate, a written appearance stating an M. Erhard, Jr., d/b as Cobb County Broadcasting Company, Marietta Geor­ [F.R. Doc. 64-1567; Filed, Feb. 14, 1964; intention to appear on the date set for 8:51 am .] the hearing and present evidence on the gia, Docket No. 15320, File No. BP-15443; issues specified in this Order. for construction permits. It is further ordered, That the appli­ It is ordered, This 10th day of Febru­ [Docket No. 15135; FCC 64R-70] cants herein shall, pursuant to section ary 1964, that Herbert Sharfman will 311(a)(2) of the Communications Act preside at the hearing in the above- RAUL SANTIAGO ROMAN of 1934, as amended, and § 1.594(a) of entitled proceeding which is hereby Memorandum Opinion and Order the Commission’s rules, give notice of scheduled to commence on April 6, 1964, Amending Issues the hearing either individually, or, if in Washington, D.C. And, it is further In re application of Raul Santiago feasible, jointly, within the time and in ordered, That a prehearing conference in the manner prescribed in such rule, and Roman, Vega Baja, Puerto Rico, Docket the proceeding will be convened by the No. 15135, File No. BP-15145; for con­ shall advise the Commission of the publi­ presiding officer at 9:00 a.m., March 2, cation of such notice as required by struction permit. § 1.594(g) of the rules. 1964. 1. The Broadcast Bureau requests.U) that the issues in this proceeding be en­ Released: February 12, 1964. Released: February 11,1964. larged to include a determination as to F ederal Communications whether the application filed in 1961 by F ederal Communications Commission, the applicant herein, for permisstonto Commission, seal en aple transfer control of Station WMNi, [seal] Ben F. Waple, [ ] B F. W , Secretary. Manati, Puerto Rico, contained omissions Secretary. of material facts; and (2 ) that the rec­ [F.R. Doc. 64-1562; Filed, Feb. 14, 1964; [F.R. Doc. 64-1565; Filed, Feb. 14, 1964; ord be reopened so that evidence pertain­ 8:51 am .] 8:51 a.m.] ing to the requested issue may be act- Saturday, February 15, 1964 FEDERAL REGISTER 2521

duced. The applicant (Roman) and re­ view Board will not specify the manner (3) an application by Abe Schonfeld, spondent (Arecibo) raise no objections in which this evidence may be developed d/b as Tel-Car (Tel-Car) for a con­ to the inclusion of the issue, but each before the Hearing Examiner. struction permit to modify the facilities seeks alternative methods by which the Accordingly, it is ordered, This 7th day of station KTB527, now providing two- facts may be ascertained.1 of February 1964, That the Petition to way communications service in the Do­ 2. Raul Santiago Roman and his wife Enlarge Issues and Reopen the Record, mestic Public Land Mobile Radio Serv­ Zaida Santos Rivera owned 50 percent of filed by the Broadcast Bureau on Janu­ ice at Miami, Florida, by changing its the stock in the licensee corporation of ary 2, 1964, is granted to the extent in­ operating frequencies from 454.35 Mc/s Station WMNT. On July 8 and 10, 1961, dicated herein; that the following issue (base) and 459.35 Mc/s (mobile) to each respectively signed an application is added: “To determine whether prior 152.18 Mc/s (base) and 158.64 Mc/s for transfer of control thereof to Efrain to August 11,1961, Raul Santiago Roman (mobile); (4). an application from Pro­ Archilla-Roig, Pedro Collazo-Barbosa, and Zaida Santos Rivera transferred fessional Radio Service Corporation (Pro­ Luis G. Estades and Ernesto Archilla- their interest and/or relinquished nega­ fessional) for a construction permit to Rivera;* the applications were filed with tive control of Station WMNT without establish new two-way and one-way the Commission on July 24, 1961; and receiving prior Commission consent in communications services on the base sta­ approval granted on August 11, 1961. contravention of section 310(b) of the tion frequency 152.18 Mc/s and for au­ During the course of the hearing herein, Communications Act of 1934, as thorization to operate mobile transmit­ which took place on December 9 and 10, amended, and the Commission’s rules ters on several Miscellaneous Common 1963, it appeared that the actual transfer and policies promulgated thereunder Carrier mobile frequencies in the Do­ occurred prior to August 11, 1961, al­ and, if so, the facts and circumstances mestic Public Land Mobile Radio Serv­ though the exact date could not be deter­ relating to such relinquishment.” ice at Miami, Florida; (5) a Petition to mined because of the vagueness of the Released; February 11,1964. Deny Application of Professional, filed testimony of Roman and Archilla. September 5, 1963 by All-Florida, licen­ 3. The Bureau urges that the substan­ F ederal Communications see of stations KIN643 and KIN645 in tial question as to whether the transfer Commission, the Domestic Public Land Mobile Radio was effectuated prior to the Commission B en F . W aple, Service at Miami, Florida; (6) an Op­ consent in violation of section 310(b) Secretary. position to Petition to Deny Application, of the Act would reflect upon Roman’s [F it. Doc. 64-1568; Filed, Feb. 14, 1964; filed by Professional on September 12 , qualifications as a broadcast licensee, and 8:51 am .] 1963; (7) A Reply to Opposition to Peti­ that the appropriate issue should be tion to Deny, filed by All-Florida on added. The Bureau points out that September 27, 1963; (8) A Motion to although the record contains some testi­ [Docket Nos. 15312—15315; FCC 64-72] Strike Petition to Deny and Reply to mony which would be relevant to the ALAN H. ROSENSON ET AL. Opposition, filed by Professional on Octo­ requested issue, further evidence is es­ ber 1, 1963; (9) an Opposition to Motion sential in order that the matter may be to Strike Petition to Deny and Reply to fully explored through the hearing proc­ Memorandum Opinion and Order Designating Applications for Con­ Opposition, filed by All-Florida on Octo­ ess and therefore asks that the record ber 8, 1963; and (10) a Reply to the be reopened. As indicated previously, solidated Hearing on Stated Issues Opposition to Motion to Strike, filed by neither Arecibo nor Roman questions the In re applications of Alan H. Rosenson, Professional on October 10, 1963. need for the inclusion of an issue. Are­ 2. All-Florida and Cutler are each cibo contends, however, that the infor­ d/b as All-Florida Communications Company, Docket No. 15312, File No. seeking to establish one-way communi­ mation may readily be made available cations service of the voice type on 43.22 through stipulation and therefore op­ 2437-C2-MP-63, for modification of a construction permit for station KIN645 Mc/s at Miami, Florida. It appears that poses the reopening of the record. Ro­ the proximity of the proposed base sta­ man bases his agreement to the enlarge­ in the Domestic Public Land Mobile Radio Service at Miami, Florida; Benja­ tion locations make these applications ment of the issues “upon understand­ mutually exclusive, by reason of potential ings of counsel and the Examiner that min Cutler, Docket No. 15313, File No. 3320-C2-P-63, for a construction permit electrical interference, and that with re­ every effort would be made to develop spect to each other a comparative hear­ such additional facts as may be pertinent in the Domestic Public Land Mobile Ra* dio Service a t Miami, Florida; Abe ing is necessary to determine whether through stipulation or by interrogatory a grant to either of the applicants would procedure * * *” Schonfeld, d/b as Tel-Car, Docket No. -15314, File No. 3536-C2-P-63, for a con­ serve the public interest, convenience 4. In view of the foregoing, the issues and necessity. will be enlarged to permit a determina­ struction permit for station KEB527 in the Domestic Public Land Mobile Radio 3. Tel-Car and Professional are each tion of the question of the possibility of seeking to establish a two-way communi­ an unauthorized transfer with respect to Service at Miami, Florida; Professional Radio Service Corporation, Docket No. cations service on the frequencies 152.18 Station WMNT.* It is not for the Review 15315, File No. 5080-C2-P-63, for a con­ Mc/s (base) and 158.64 Mc/s (mobile) Board to determine whether the evidence struction permit in the Domestic Public at Miami, Florida. It appears that these relevant to the added issue can be devel­ Land Mobile Radio Service at Miami, applications are mutually exclusive, by oped by stipulation, or whether testi­ Florida. reason of potential electrical interfer­ mony will be required. Hence, the Re- 1. The Commission has before it (1)ence, and that a comparative hearing is an application by Alan H. Rosenson, d/b necessary to determine whether a grant to either of these applicants would serve before the Review Board for considera­ as All-Florida Communications Company tion are: (1) petition to enlarge issues and (All-Florida) for a modified construc­ the public interest, convenience and reopen record, filed by the Broadcast Bureau tion permit to change the facilities (now necessity. on Jan. 2, 1964; (2) qualified opposition filed authorized to construct a one-way FM 4. Professional, in addition to its pro­ oy Arecibo Broadcasting Corporation, Inc., signaling service on 35.22 Mc/s) of sta­ posed two-way communications service, on Jan. io, 1964; (3) opposition filed by Raul tion KIN645 in the Domestic Public proposes one-way communications serv­ Santiago Roman, on Jan. 15, 1964; (4) Land Mobile Radio Service at Miami, ice at Miami, Florida. It appears that reply filed by the Broadcast Bureau, on Jan. the Professional, All-Florida and Cutler 21, 1964; and (5) comments filed by Raul Florida, in order to render such, one-way Santiago Roman on Jan. 28, 1964. FM signaling service on 43.22 Mc/s cov­ applications are economically competi­ s Since the other 50 percent of the stock was ering a larger area, with a change from tive and raise substantial questions of owned by Efrain Archilla-Roig and Pedro AM and FM operations on a single chan­ public need for additional one-way serv­ Collazo-Barbosa, the transfer constituted a nel (35.22 Mc/s) to separate operations ice in the subject area, thereby establish­ relinquishment of negative control and a gain on two channels (AM on 35.22 Mc/s and ing the necessity for a consolidated pro­ or positive control by Efrain Archilla-Roig ceeding which will resolve all the end his father, Ernesto Archilla-Rivera, as a FM on 43.22 Mc/s); (2) an application iamily group. by Benjamin Cutler (Cutler) for a con­ apparent conflicts posed by the four r * 1*he issue as added incorporates the fo­ struction permit to establish a new one­ applications. rmation sought by the Bureau in its mov- way signaling service on the frequency Petition to deny. 5. All-Florida alleges ant* the position taken by Roman 43.22 Mc/s in the Domestic Public Land that it is furnishing the identical one­ mais ‘Comments.’’ Mobile Radio Service at Miami, Florida; way and two-way communications serv- No. 33------7 2522 NOTICES

ices proposed by Professional and that Reply to opposition to petition to deny. “knowledge and belief”, the Commission it has the capacity to serve additional 8. All-Florida claims that the affidavit should not be required to speculate on customers and therefore there is no need attached to its Petition to Deny does con­ which, if any, matters are based upon or demand for the proposed service. All- tain sufficient factual allegations which personal knowledge. Florida further alleges that Professional are based upon the affiant’s own knowl­ Opposition to motion to strike petition intends to provide a common carrier serv­ edge. It further claims that it has stand­ to deny and reply to opposition. 12. All- ice of limited character-performing fune- ing to protest because each of the three Florida opposes the motion to strike be­ tions mainly for doctors and allied enter­ transmitters proposed by Professional’s cause Professional did not get Commis­ prises. It is also alleged that Profes­ application is located within several sion authorization to file an additional sional’s functions are to be supervised hundred yards of one of All-Florida’s pleading pursuant to § 1.13(c) (now by a busy physician; that the service will transmitters so that they will serve sub­ § 1.45(c)) of the Commission’s rules. be associated with the Medical Service stantially the same area; that Profes­ Other argumentative statements are con­ Bureau, which provides a telephone an­ sional’s service is aimed primarily at tained in this pleading relating to the swering service to doctors and hospitals; doctors who constitute a large part of sufficiency of the affiidavit attached to and that the intention is to “expand a All-Florida’s clientele; and that of the the reply to opposition so far as the monopoly” in this area of communica­ three types of service proposed by Profes­ personal knowledge requirements of the tions (telephone answering services) at sional, two are now offered by All- statute are concerned. Although Pro­ the expense of regularly authorized com­ Florida’s stations (two-way mobile serv­ fessional filed “A Reply to the Opposition to Motion to Strike”, no authority for mon carriers. ice and one-way signaling without voice). Opposition to petition to deny. 6. All-Florida alleges that its existing one­ such pleading was requested or author­ Professional submits that the petition to way and two-way stations have sub­ ized. (See § 1.45(0 of the rules.) deny should be dismissed as defective on stantial unused capacity and that other Disposition. 13. All-Florida is an its face in that it is not supported by existing stations in Miami likewise have established common carrier radio an affidavit of a person having personal unused capacity. licensee offering one-way and two-way knowledge of the material facts alleged, 9. All-Florida further alleges that the signaling service generally in the Miami as required by § 21.27(c) of the Com­ existing need for one-way selective sig­ area and has pending an application mission’s rules and section 309(d) (1 ) of naling with voice message service will be (hereinabove cited) to expand its one­ the Communications Act of 1934, as met by its pending application (File No. way communications service in the same amended. Professional further alleges 2437-C2-MP-63), but will not be satis­ general area to be covered by Profes­ that the petition and supporting affi­ factorily met by the Professional proposal sional’s proposal. All-Florida; alleged davit do not contain sufficient specific which would cram three distinct services that Professional’s proposed services will allegations of fact to show that All- on one frequency (152.18 Mc/s) and be in direct competition with its existing Florida is a party in interest or to show would result in a degradation of service. and proposed services. We find and con­ that a grant of such application would 10. All-Florida also challenges the va­ clude that All-Florida is a party in inter­ be prima facie inconsistent with section lidity of the survey referred to in Profes­ est within the meaning of section 309 of 309(a) of the Communications Act. sional’s application because Professional the Act; that All-Florida has raised a Professional denies that All-Florida has fails to disclose the methods used and the substantial question of fact with respect the capacity to serve the public need persons involved in the alleged compi­ to the proposal by professional; and that for one-way signaling service, pointing lation of data. It dismisses Professional’s All-Florida has substantiated its allega­ to the pending application to modify argument that its service is needed be­ tions by essentially proper affidavits All-Florida’s license for station KIN645 cause of the area’s rapid growth in popu­ manifestly based on the personal knowl­ and charging that such application is lation as irrelevent in view of substantial edge of the affiant. Said affidavits inconsistent with its statement in the unused capacity of existing stations state basic facts within the personal petition concerning the adequacy of offering like services. All-Florida claims knowledge of affiant and go on to state existing facilities. Further; Professional that the conclusion that its services are ultimate facts based thereon. However alleges that it has made a survey which inadequate is refuted by the substantial on page 3 of the affidavit supporting the establishes the inadequacy of the existing customer acceptance it has achieved and Petition to Deny it is alleged: “Affiant’s services, in terms of existing and poten­ by the fact that its signal is superior to station as well as the two competing tial need as well as type of signaling or that which is proposed by Professional. licensees in Miami are already in severe general communications services offered,1 In other respects the Reply is argumen­ competition with each other, and to and that All-Florida’s receiving units tative and devoted to details which may affiant’s knowledge and belief, all of the and service have been of poor quality. be submitted as evidence in an eviden­ existing licensees are operating well be­ 7. Professional denies that the pro­tiary proceeding. low capacity and are accommodating all posed services are limited to doctors, Motion to strike petition to deny and demands for service.” Said affidavit goes dentists, hospitals, ambulance services reply to opposition. 11. Professional al­ on to say that Professional’s proposed and allied medical enterprises, except leges in its motion to strike that neither service would in no way fulfill a public to the extent that the priority pro­ the petition to deny nor the reply to need which cannot be met by the three visions of § 21.512 of the rules so require. opposition to petition to deny is sup­ existing licensees. The above quoted Professional argues that other segments ported by an affidavit of a person with conclusory statements are obviously not of the public want its proposed services personal knowledge of the stated facts, based upon the personal knowledge of and that it intends to solicit business as required by section 399(d)(1) of the the affiant and are therefore denied any from the public generally, as evidenced Communications Act of 1934, as further consideration in this matter, by the fact that its survey of need in amended, and by § 21.27(c) of the Com­ 14. We find that the applications of the subject area was not limited to mission’s rules. It is also claimed that All-Florida and Cutler are mutually ex­ doctors and allied enterprises. Further, the affiidavit filed in support of the clusive by reason of potential electrical Professional states that it has no written petition to deny contains many state­ interference and that, with respect to agreement with the Medical Service ments obviously not within the personal each other, a comparative hearing is Bureau, that it does not anticipate such knowledge of the affiant and contains necessary to determine which, if sny> an agreement, and that the said Bureau statements labeled as “opinion”, “belief” of these proposals would serve the public will have no control over the proposed and “knowledge and belief”. It is further interest, convenience and necessity. operation. Professional also asserts that alleged that the statement attached to Similarly, we find that the applications supervision of its prospective operations the reply to opposition to petition to of Tel-Car and Professional are mutually will be assumed by its several corporate deny is supported only by a statement exclusive by reason of potential electrical officers and does not depend on the asserted to be on the basis of “knowl­ interference and that, with respect to availability of Dr. Baker, a practicing edge and belief”. It is also claimed each other, a comparative hearing is physician. that since few, if any, of the material necessary to determine which, if 8ny, o matters in the petition to deny can con­ these proposals would serve the pub ic 1 All-Florida’s one-way services do not in­ ceivably be based on personal knowl­ interest, convenience and necessity. clude combined selective signaling and voice edge and since the affidavit attached to 15. Since All-Florida and Cutler are communications or message relay services, each seeking to establish new one-way as proposed by Professional. the reply states that it is based on Saturday, February 15, 1964 FEDERAL REGISTER 2523

communications services and Profes­ lishing the location of such service KIN643 and KIN645 within their respec­ sional’s proposal includes a one-way (F50.50) and interference (F50,10) con­ tive 43 dbu and 37 dbu contours, based communications service, the application tours of the facilities involved in t.hia upon the standards set forth in para­ of Professional is economically competi­ proceeding. graphs 18 and 19 above; and to deter­ tive with the applications of All-Florida 19. It also appears that § 21.504 of our mine their capacity for rendering addi­ and Cutler. Furthermore, we find that rules prescribes a median field strength tional service of the kind proposed by a resolution of the economic conflict be­ contour of 43 decibels above one micro­ other applicants herein within the said tween All-Florida or Cutler and Profes­ volt per meter as the limits of reliable reliable service areas. sional, and the facts adduced on the pub­ service area for base stations engaged in (g) To determine, in the light of the lic need for additional one-way service one-way communications service, and evidence adduced on all the foregoing in the area may affect the ultimate choice that the Commission’s Report No. T.R.R. issues, whether the public interest, con­ between the competing two-way applica­ 3.3.1, entitled “Service Field Intensity venience or necessity will be served by tions of Professional and Tel-Car. Inas­ Required For Radio Paging Service At a grant of one or more of the captioned much as the said applicants seek to serve 40 Mc/s” which constitutes a proper applications and the terms or conditions the same general area, the possibility of basis for establishing the location of such which should attach thereto. wasteful duplication of common carrier service (F50.50) and interference (F50, 22. It is further ordered, That the bur­ facilities is raised by the conflicting alle­ 10) contours of the facilities involved den of proof on issues (a ), (b ), (c ), (d), gations of said applicants regarding de­ herein, using the radio wave propagation (e) and (g) is placed upon the applicants mand for the new services proposed by charts for TV channel 2 (contained in so far as their respective applications are Professional. Therefore, a consolidated Part 73 of the Commission’s rules and the affected; and the burden of proof on proceeding which will resolve all the ap­ Commission’s Sixth Report and Order issue (f) is placed upon All-Florida. parent conflicts posed by the four appli­ in Docket Nos. 8736, et al) adjusted 23. It is further ordered, That any ap­ cations is required. downward in field strength by 6 decibels, plicant desiring to participate herein, 16. Professional’s proposal is associated to compensate for the change in receiving shall file its notice of appearance on or with a telephone answering service that antenna height to 6 feet above ground in before the time specified in § 1.221 of our apparently limits its present services to lieu of the 30-foot height for which the rules. the medical profession and allied fields. charts are drawn. It is therefore necessary to determine 20. IVe find that except for the matters Adopted: February 5, 1964. whether the establishment of the serv­ placed Tn issue herein, all applicants Released: February 10, 1964. ices proposed by Professional, on fre­ are financially, legally, technically and quencies allocated to common carriers, otherwise qualified to render the services F ederal Communications are designed to satisfy a general public they have proposed. Commission, (seal] Ben F. Waple, need or the need of a special class of po­ 21. Accordingly, in view of our deter­ tential subscribers and, in the light of minations in paragraphs 13-20: Secretary. the public need that may be shown, It is ordered, That the Motion to Strike [F.R. Doc. 64-1551; Filed, Feb. 14, 1964; whether the possibility of specialization Petition to Deny and Reply to Opposition 8:49 a.m.] by Professional will serve the public con­ is denied; that the captioned applica­ venience or necessity. To that extent, tions are designated for hearing in a con­ [Docket Noe. 15312-15315; FCC 64M-111] the Petition to Deny Application of Pro­ solidated proceeding at the Commission’s fessional raises a substantial question of offices in Washington, D.C., on a date to ALAN H. ROSENSON ET AL. fact concerning the need for a new serv­ be hereafter specified, upon the following ice that may be limited or specialized and issues: Order Scheduling Hearing appropriate evidence relating thereto (a) To determine whether any harm­ may be submitted under the issues cover­ ful co-channel electrical interference In re applications of Alan H. Rosen- ing public need. So far as All-Florida’s would result from simultaneous opera­ son, d/b as All-Florida Communications contention that it has sufficient capacity tions on 43.22 Mc/s by All-Florida and Company, Docket No. 15312, File No. on its existing facilities is concerned, we Cutler, and if so, whether such interfer­ 2437-C2-MP-63, for modification of a must assume that such statements are ence would be intolerable or undesirable. construction permit for station KIN645 modified by its own assumption that its (b) To determine whether any harm­ in the Domestic Public Land Mobile R a­ application herein will be granted. Of ful co-channel electrical interference dio Service at Miami, Florida; Benjamin course, any such determination must would result from simultaneous opera­ Cutler, Docket No. 15313, File No. 3320- await the outcome of the instant pro­ tions on 152.18 Mc/s and 158.64 Mc/s by C2-P-63; for a construction permit in the ceedings. Tel-Car and Professional, and if so, Domestic Public Land Mobile Radio Serv­ 17. Professional’s motion to strike is whether such interference would be in­ ice at Miami, Florida; Abe Schonfeld, d/b largely an attempt to reargue a position tolerable or undesirable. as Tel-Car, Docket No. 15314, File No. previously taken in the opposition to (c) To determine, on a comparative 3536-C2-P-63, for a construction permit petition, which we have considered in basis, the nature and extent of the serv­ for station KIB527 in the Domestic Public connection with that pleading, and is ices proposed by All-Florida, Cutler, Tel- Land Mobile Radio Service at Miami, defective because of Professional’s fail­ Car and Professional, respectively, in Florida; Professional Radio Service Cor­ ure to obtain Commission authorization Miami and Miami Beach, Florida, includ­ poration, Docket No. 15315, File No. to file an additional pleading pursuant ing rates, charges, practices, classifica­ 5080-C2-P-63, for a construction permit to § 1.45(c) (formerly § 1.13(c) of the tions, personnel, regulations and facili­ in the Domestic Public Land Mobile Ra­ Commission’s rules.) It is not entitled ties pertaining thereto. dio Service at Miami, Florida. to consideration. Publix Television Cor­ (d) To determine, on a comparative It is ordered, This 10th day of Febru­ poration, PCC 59-641. Therefore, the basis, the areas and population that All- ary 1964, that H. Gifford Irion will pre­ responsive and dependent pleadings are Florida, Cutler and Professional propose side at the hearing in the above-entitled rendered moot. to serve within their respective 43 dbu proceeding which is hereby scheduled to 18. It appears that § 21.504 of the rules contours, based upon the standards set commence on April 2, 1964, in Washing­ ana regulations of this Commission de- forth in paragraph 19 above; and to de­ ton, D.C.: 5r*_be a median field strength contour of termine the need for the proposed service And, it is further ordered, That a pre- decibels above one microvolt per meter in these areas. hearing conference in the proceeding will us the limits of reliable service area for (e) To determine, on a comparative be convened by the presiding officer at ase stations engaged in two-way com­ basis, the areas and population that Tel- 10:00 a.m., March 4,1964. munications service, and that the Com- Car and Professional propose to serve Released: February 11,1964. jmssion’s Report No. T.R.R. 4.3.8, en- within their respective 37 dbu contours, htled “A Summary of the Technical based upon the standards set forth in F ederal Communications fetors Affecting the Allocation of Land paragraph 18 above; and to determine Commission, mobile Facilities in the 152 to 158 Mega- the need for the proposed service in these [seal] Ben F. Waple, areas. Secretary. fnfv! , Band” and procedures set (f) To determine the areas and popu­ orth therein are a proper basis for estab- [F.R. Doc. 64-1552; Filed, Feb. 14, 1964; lations that aré served by stations 8:49 am .] 2524 NOTICES

[Docket No. 15322; FCC 64-95] ville is within Station WSPA-TV’s pre­ est, convenience, and necessity, and is of dicted principal city contour and that, in the opinion that the application must be SPARTAN RADIOCASTING CO. any event, Station WJHL-TV does not designated for hearing on the issues set deliver service to Asheville. forth below. Memorandum Opinion and O rder 3. The Commission appreciates Spar­ Accordingly, it is ordered, That, pur­ Designating Application for Hear­ tan’s interest in furnishing a “fill-in” suant to section 309(e) of the Communi­ ing on Stated Issues translator service to Asheville and would cations Act of 1934, as amended, the have no reason for hesitation in approv­ above-captioned application of Spartan In re application of Spartan Radio­ ing the proposal if it contemplated the Radiocasting Company is designated for casting Company, Asheville, North Caro­ use of a UHF translator. Since, how­ hearing at a time and place to be spec­ ling Docket No. 15322, Pile No. BPTTV- ever, the proposal is for a VHF transla­ ified in a subsequent Order upon the fol­ 1996; for construction permit for new tor, the Commission believes that a sub­ lowing issues: Television Broadcast Translator Station. stantial policy question is presented. 1. To determine whether a grant of the 1 . The Commission has before it for Asheville is one of the relatively few above-captioned application would re­ consideration the above-captioned appli­ communities in the United States which tard the development of UHF television cation for a construction permit for a has had an operating UHF television in and about Asheville, North Carolina. new VHF television broadcast translator broadcast station for an extended period 2. To determine in view of the evi­ station on Output Channel 9 to serve of time. As a result, it must be presumed dence adduced pursuant to the foregoing Asheville, North Carolina, filed June 26, that a significant number of persons in issue whether a grant of the above- 1963, by Spartan Radiocasting Com­ and around Asheville have already in­ captioned application would serve the pany (Spartan), licensee of Station vested in the additional equipment re­ public interest, convenience and neces­ WSPA-TV, Channel 7 (CBS), Spartan­ quired to receive UHF signals. This be­ sity. burg, South Carolina. Spartan proposes ing the case, it may further be presumed It is further ordered, That to avail that the translator rebroadcast Station that all-channel receiver sales, resulting itself of the opportunity to be heard, the WSPA-TV in Asheville, North Carolina. from the all-channel receiver legislation, applicant, pursuant to § 1.221 of the 2. In an exhibit attached to this appli­ will rapidly bring Asheville to a level of Commission’s rules, in person or by cation, which seeks to justify this pro­ set conversion which could either attract attorney, shall within 20 days of the posal, the applicant alleged as follows: applicants for new commercial UHF tele­ mailing of this Order file with the Com­ that Station WSPA-TV is not providing vision broadcast stations in Asheville,2 or mission, in triplicate, a written appear­ satisfactory service to Asheville from its persuade the licensee of Station WISE- ance stating an intention to appear on new site on Hogback Mountain; that TV of the feasibility of expanding its the date fixed for the hearing and Asheville actually receives service from programing. present evidence on the issues specified Station WLOS-TV, Channel 13 (ABC), 4. The Commission is keenly aware of in this Order. Asheville; Station W ISE—'TV, Channel its responsibility to encourage expanded It is further ordered, That the appli­ 62 (NBC), Asheville and Station W FBC- use of the UHF and, consistent with this cant herein shall, pursuant to section TV, Channel 4 (NBC), Greenville, South responsibility, the Commission believes 311(a) (2) of the Communications Act of Carolina; that this limits Asheville to that every effort must be made to protect 1934, as amended, and § 1.594 of the the program service of only two of the areas such as Asheville which appear, for Commission’s rules, give notice of the three networks; that since Station whatever reason, to offer a heightened hearing, within the time and in the W ISE-TV has extremely limited live potential for the future expansion of manner prescribed in such rule, and programing, Asheville in effect receives UHF. Thus, on the basis of the informa­ shall advise the Commission of the pub­ live programing from only two stations; tion presently available to it, suggesting lication of such notice as required by that Station WSPA-TV is under a heavy the likelihood that grant of the present § 1.594 of the rules. competitive handicap since its chief application could retard future develop­ Adopted: February 5,1964. competitors, Stations WLOS—TV and ment of UHF service in the Asheville WFBC-TV, serve the three principal area, the Commission is unable to con­ Released: February 12,1964. cities in the area—Asheville, Greenville clude that a grant of the present appli­ Federal Communications and Spartanburg—while it can serve cation would serve the public interest, Commission, only Greenville and Spartanburg; that convenience and necessity. In reaching [seal] Ben F. Waple, § 74.732(d) of the rules1 should not be this decision for these reasons, it should Secretary. considered applicable since Asheville is be clear that the Commission is not at­ already intermixed by the VHF signals of tempting mechanically to apply § 74.732 [F.R., Doc. 64-1569; Filed, Feb. 14, 1964; Stations WLOS-TV and WFBC-TV; that (d) of the rules but is, instead, concerned 8:52 a.m.] Station W ISE-TV could not be signifi­ only with the long term disadvantages it cantly affected since its programing con­ fears could result from a grant of this [Docket Nos. 15326—15328; FCC 64-97] sists almost wholly of NBC network pro­ application. grams, most of which are carried by 5. In view of the foregoing, except as SPRINGFIELD TELEVISION BROAD­ Station WFBC-TV; that the licensee of indicated by the issues specified below, CASTING CORP. ET AL. Station W ISE-TV not only does not the applicant is legally, technically, fi­ object to this proposal but is willing to nancially, and otherwise qualified to con­ Drder Designating Applications for cooperate by making its tower available struct and operate as proposed. How­ Consolidated Hearing on Stated for the proposed translator; that Ashe­ ever, the Commission is unable to make ville is located within the Grade A con­ the statutory finding that a grant of the Issues tour of Station WJHL—T V, Channel 11 application would serve the public inter­ In re application of Springfield Tele­ (ABC, C B S), Johnson City, Tennessee, vision Broadcasting Corporation, Toledo, but that no question is presented under other television broadcast station for which Ohio, Docket No. 15326, File No. BPCT- § 74.734(e) (2) of the rules2 since Ashe­ a construction permit or license has been 3157; D. H. Overmyer, Toledo, omo. granted and the programs rebroadcast by the Docket No. 15327, File No. BPCT-3173, 1 Section 74.732(d) of the rules provides proposed VHF translator will duplicate all or any part of the programs broadcast by such Producers, Inc., Toledo, O h io , Docket that, “A VHF translator will not be author­ No. 15328, File No. BPCT-3178; for con­ ized to serve an area which is receiving satis­ other television broadcast stations: Provided, factory service from one or more UHF tele­ however, That this will not preclude the struction permits for new televisi vision broadcast stations or UHF translators authorization of a VHF translator intended broadcast stations. ___ unless, upon consideration of all applicable to improve reception of the parent station’s At a session of the Federal Comm public interest factors, it is determined that, signal to any community, any part of the cations Commission held at its offices m exceptionally, such intermixture of VHF and corporate limits of which is within the Washington, D.C., on the 5th day UHF services is justified.” principal city service contour of such station.” February 1964; 2 Section 74.734(e) (2) of the rules provides The Commission, having under c that, a VHF translator wUl not be granted to 3 Channel 78 is now assigned to Asheville a television station licensee “Where the pro­ for commercial use and the Commission has sideration the above-captioned &PP ® posed VHF translator is intended to provide proposed to add Channel 72. Further Notice tions, each requesting a copstru^o reception to all or a part of any community of Proposed Rule Making, Docket No. 14229, ru»rmit for a new television broadcast located within the Grade A contour of any FCC 63-975. Saturday, February 15, 1964 FEDERAL REGISTER 2525

station to operate on Channel 79, Toledo, Ohio. It must be determined, therefore, to Toledo, Ohio, instead of Channel 79, Ohio; and whether a grant of the application would in the Rule Making proceeding proposed It appearing, That the above-captioned be consistent with the provisions of in Docket No. 14229; and applications are mutually exclusive in § 73.613(a) of the Commission’s rules It further appearing, that the Detroit that operation by the applicants as pro­ and, if not, whether circumstances exist Public Schools, Detroit, Michigan, has posed would result in mutually destruc­ which would warrant a waiver of said tive interference; and filed an informal objection for the Com­ section. mission’s consideration pursuant to It further appearing, That the follow­ (f) Based on information contained § 1.587 of the Commission’s rules, ex­ ing matters are to be considered in con­ in the application of Producers, Inc., cash pressing concern that, in the event of a nection with the issues specified below: in the amount of approximately $525,000 grant of any of these applications, there (a) Based on the information con­will be required for the construction and may be interference with signals trans­ tained in the application of Springfield initial operationjof the proposed station. mitted by Television Translator Stations Television Broadcasting Corporation, The applicant has submitted a letter W79AE and W83AB in Detroit, which cash in an amount in excess of $392,000 from Polaris, Inc., purporting to be a rebroadcast on Channels 79 and 83 the will be required for the construction and commitment to lend the applicant programs broadcast by Midwest Program initial operation of the proposed station. $500,000, but the said letter is not sup­ on Airborne Instruction, Inc. (MPATI), .The precise amount of cash necessary ported by a financial statement of and further stating that interference is cannot be determined since the appli­ Polaris, Inc., showing the availability of likely to result with signals transmitted cant has made no provision for the costs current and liquid assets in excess of by the MPATI aircraft. Authorization of legal and engineering fees, instal­ liabilities in amount sufficient to fulfill for the operation of Television Translator lation, freight, miscellaneous costs, and its said commitment. Additionally, the Station W79AE was granted August 1, contingencies. The applicant’s plan for financial statement furnished by the 1962 (BPTT—712), to Purdue University, financing relies upon existing capital of applicant shows current liabilities in and an assignment of the license to approximately $85,400, an offer by the excess of current and liquid assets. It MPATI was granted March 14, 1963 firm of Kinsley and Adams to form an cannot be determined, therefore, that the (BALTT-23). The said license was made underwriting group, and a proposed banl: applicant is financially qualified. The subject to the following condition: “That loan from Third National Bank. The evidence to be adduced with respect to this authorization shall cease to be ef­ offer of Kinsley and Adams, however, is the financial issue to be specified in con­ fective and operation of the translator not a commitment to furnish funds, and nection therewith will be restricted to the station shall be terminated coincident the letter from Third National Bank deficiencies described, or to an alternate with the commencement of operation of does not constitute a commitment to showing of financial qualifications. a duly authorized TV station on Channel furnish any specific sum of money upon (g) Producers, Inc., is incorporated 79 at Toledo, Ohio, or at any other loca­ any specific terms. It further appears under the laws of the State of Indiana., tion involving separations from the that the applicant will require funds in No showing has been made, however, translator station less than those re­ connection with applications which it that the applicant is authorized to do quired by § 4.702 of the Commission’s has pending involving television broad­ business in the State of Ohio. It cannot rules.” cast stations WONE-TV (BAPCT-335), be determined, therefore, that the appli­ WRLP (BPCT-3199) and WWOR cant is legally qualified. Since the authorization for operation (BPCT-3120), the requirements for all It further appearing, that, except as of the translator stations will thus be­ four of the pending applications aggre­ indicated above, Springfield Television come inoperative upon the commence­ gating in excess of $1,216,000. To finance Broadcasting Corporation is technically ment of broadcasting by the permittee the costs of all four of its sending ap­ and otherwise qualified to construct, of any grant which may be made herein, plications, iqpluding those which have own and operate the proposed station; no interference problem will be pre­ been granted but construction of which and, except as indicated above, D H. sented for the Commission’s considera­ has not been completed, the applicant Overmyer is legally, technically, finan­ tion with respect thereto. Concerning, appears to have available to it a total of cially and otherwise qualified to con­ possible interference with the signals approximately $571,000. No profits will struct, own and operate the proposed transmitted by the MPATI aircraft, the be available from existing operations station; and, except as indicated above, authorization for Experimental Airborne since total estimated expenses exceed Producers, Inc., is technically and other­ Television Station KS2XGD (including total estimated revenues by more than wise qualified to construct, own and both the main transmitter and the alter­ $185,000. Accordingly, it cannot be de­ operate the proposed station; and nate main transmitter) was granted to termined that the applicant is finan­ Purdue University on June 9, 1961 It further appearing, that Midwest (BLEX-95 for the main transmitter and cially qualified. Program on Airborne Television Instruc­ (b) The application of Springfield BLEX-96 for the alternate main trans­ tion, Inc. (MPATI) filed a Petition for mitter), subject to, inter alia, the fol­ Television Broadcasting Corporation fails Rule Making (RM-407) requesting the to disclose any information concerning lowing condition: “3. Authorization of deletion of Channel 79 from Toledo, this experimental program on the stated its plans for staffing the proposed station. Ohio, and the substitution of channel It must be determined, therefore, the television frequencies shall not preclude 62 in lieu thereof.. On October 28, 1963, Commission., consideration of applica­ manner in which the applicant will staff the Commission released a “Further the proposed station. tions specifying any facility contained in Notice of Proposed Rule Making” in the Commission’s Table of Assignments (c) Springfield Television Broad­ Docket No. 14229 (FCC 63-975) pro­ casting Corporation is incorporated (§3.606) which might be in conflict posing a revised allocation plan of UHF with the operation herein specified.” under the laws of the Commonwealth channels which would add new assign­ of Massachusetts. No showing has been ments to the present Table of Assign­ No showing has been made that opera­ made, however, that the applicant is ments. The Commission has stated tion on Channel 79, Toledo, would cause authorized to do business in the State of therein that petitions for UHF assign­ interference with the signals transmitted Ohio. Accordingly, it cannot be deter­ ments now pending (such as that filed by MPATI aircraft on Channel 76. The mined that the applicant is legally by MPATI in RM-407) will be treated Commission’s rules require a separation qualified. as comments in that proceeding, in of twenty miles between Channels 76 and (d) Springfield Television Broad­ view of the fact that the proposed Rule 79 because of the “intermodulation” casting Corporation has failed to disclose Making proceeding in Docket No. 14229 taboo. Inasmuch as there is a separa­ ^ p o licy which it proposes to pursue could result in the substitution of an­ tion of approximately 130 miles between with respect to making time available other UHF channel in Toledo, Ohio, in the MPATI Channel 76 and the proposed for the discussion of public issues. lieu of Channel 79, the Commission is Toledo operations on Channel 79, it does Accordingly, the applicant’s policy in this of the opinion that a frant of any of not appear that the proposed operations respect must be ascertained. the instant applications must be made on Channel 79 could affect reception of the MPATI signals in the Toledo area. (e) The application of D. H. Overmyer subject to the condition that the Com­ shows that the applicant proposes to Accordingly, no issue with respect there­ mission may, without further proceed­ to appears warranted. ocate his main studio at a point outside ings, substitute for Channel 79 such other It further appearing, that Polaris Cor­ ine corporate limits of the City of Toledo, commercial channel as may be assigned poration, owner of 100 percent of the 2526 NOTICES stock of Producers, Inc., is presently in ance with § 73.613(a) of the Commis­ manner prescribed in such rule, and violation of the numerical restrictions of sion’s Rules with repect to location of shall advise the Commission of the pub­ the Commission’s multiple ownership the main studio and, if not, whether lication of such notice as required by rules by virtue of the broadcast interests circumstances exist which would war­ § 1.594(g) of the rules. of its subsidiaries and stockholders in rant a waiver of said section. Released: February 12, 1964. seven VHP television broadcast stations 6. To determine whether Producers, (WTVW - TV, Evansville, Indiana; Inc., is financially qualified to construct, F ederal Communications KEND-TV, Fargo, North Dakota; KCND- own and operate the proposed television Commission, TV, Pembina, North Dakota; KNOX-TV, broadcast station. [seal] B en F. Waple, Grand Forks, North Dakota; WTIC—'TV, 7. To determine whether Producers, Secretary. Hartford, Connecticut; WDSM-TV, Su­ Inc., is legally qualified to construct, own [F.R. Doc. 64-1570; Filed, Feb. 14, 1964; perior, Wisconsin; and WKGB—TV, Sche­ and operate the proposed television 8:52 a.m.] nectady, New York) ; that the Commis­ broadcast station. sion, in consenting to the transfer of 8. To determine, on a comparative control of Radio Station KOME, Tulsa, basis, which of the operations proposed Oklahoma, from Franklin Broadcasting in the above-captioned applications FEDERAL POWER COMMISSION Company to Producers, Inc. (FCC 63- would best serve the public interest, con­ 1147, December 4,1963) , made the grant venience and necessity in light of the [Docket Nos. RI64-394, etc.] upon condition that Producers, Inc., significant differences between the appli­ BETA DEVELOPMENT CO. ET AL. demonstrate compliance with the Com­ cants as to: mission’s multiple ownership rules; that (a) The background and experience of Hearings on and Suspension of Pro­ the Commission has afforded the appli­ each, bearing on its ability to own and posed Changes in Rates, Correction cant reasonable time within which to operate the proposed television broadcast bring itself into compliance with such station. F ebruary 6,1964. rules; that, however, unless Polaris Cor­ (b) The proposals of each with respect In the order providing for hearings poration demonstrates, prior to the clos­ to the management and operation of the on and suspension of proposed changes ing of the record in this proceeding, that proposed television broadcast stations. in rates, issued December 19, 1963 and it is in compliance with such rules, it will (c) The programming services pro­ published in the F ederal R egister De­ be disqualified in this proceeding; and posed in each of the above-captioned cember 27, 1963 (F.R. Doc. 63-13353; 28 It further appearing, thatTihe multiple applications. FR-14346-14348), after the conclusion ownership interests of Producers, Inc., 9. To determine, in the light of the of the Finding paragraph (D)| insert the and Springfield Television Broadcasting evidence adduced pursuant to the fore­ heading “The Commission o rd ers and Corporation can be explored within the going issues, which, if any, of the instant include thereunder the following order­ framework of comparative issue “8(a )” applications should be granted. ing paragraph (A) which was inadvert­ herein; and It is further ordered, That, in the event ently omitted: It further appearing, that, upon due of a grant of any of the above-captioned (A) Pursuant to the authority of the consideration of the above-captioned ap­ applications, such grant shall be made Natural Gas Act, particularly sections 4 plications, the Commission finds that, subject to the condition that the Com­ and 15 thereof, the Commission’s Rules pursuant to section 309(e) of the Com­ mission may, without further proceed­ of Practice and Procedure and the Regu­ munications Act of 1934, as amended, ings, specify operation by the permitee lations under the Natural Gas Act (18 a hearing is necessary and that the said on such other commercial channel as CFR Ch. I ) , public hearings shall be held applications must be designated for may be assigned to Toledo, Ohio, in lieu upon dates to be fixed by notices from hearing in a consolidated proceeding on of Channel 79, in the Rule Making pro­ the Secretary concerning the contrac­ the issues set forth below: ceeding proposed in Docket No. 14229: tual basis of Continental’s proposed rate It is ordered, That, pursuant to sec­ And it is further ordered, That the filing which El Paso has protested, and tion 309(e) of the Communications Act issues in the above-captioned proceeding the statutory lawfulness of all of the of 1934, as amended, the above cap­ may be enlarged by the Examiner, on producers’ proposed rate changes con­ tioned applications of Springfield Tele­ his own motion or on petition properly tained in the above-designated rate vision Broadcasting Corporation, D. H. filed by a party to the proceeding, and Overmyer, and Producers, Inc., are des­ supplements. upon sufficient allegations of fact in sup­ J oseph H. Gutride, ignated for hearing in a consolidated port thereof, by the addition of the Secretary. proceeding at a time and place to be following issue: “To determine whether specified in a subsequent Order, upon the funds available to the applicant will [F.R. Doc. 64-1522; Filed, Feb. 14, 1964; the following issues : give reasonable asurance that the pro­ 8:47 a.m.] 1. To determine whether Springfield posals set forth in the application will Television Broadcasting Corporation is be effectuated.” ' [Docket No. G—16530 etc.] financially qualified to construct, own It is further ordered% That, to avail and operate the proposed television themselves of the opportunity to be JAMES M. FORGOTSON ET AL. broadcast station* heard, Springfield Television Broadcast­ 2. To determine the manner in which ing Corporation, D. H. Overmyer, and Applications for Certificates and Peti­ Springfield Television Broadcasting Cor­ Producers, Inc., pursuant to § 1.221(c) of tions To Amend Certificates; Cor­ poration will, in the event of a grant the Commission’s rules, in person or by of its application, staff the proposed tele­ rection attorney, shall, within twenty (20) days F ebruary 10, 1964. vision broadcast station. of the mailing of the Order, file with 3. To determine whether Springfield the Commission, in triplicate, a written In the notice of applications for cer­ Television Broadcasting Corporation is appearance stating an intention to ap­ tificates and petitiohs to amend certifi­ legally qualified to construct, own and pear on the date set for the hearing and cates, issued January 31, 1964 and operate the proposed television broadcast present evidence on the issues specified published in the F ederal R egister Feb­ station. ruary 7, 1964 (F.R. DOC. 64-1222; 29 F.K. in this Order. 1856), in chart, after “Initial price per 4. To determine the policy which It is further ordered, That the appli­ Springfield Television Broadcasting Cor­ Mcf” add footnote “2 Prices include all poration will pursue with respect to mak­ cants herein shall, pursuant to section applicable tax reimbursement.” 311(a)(2) of the Communications Act ing time available for the discussion of J oseph H. G utride, public issues, in-the event of a grant of 1934, as amended, and § 1.594(a) of Secretary. of its application. the Commision’s rules, give notice of the hearing, either individually, or, if fea­ [FJ&. Doc. 64-1523; Filed, Feb. 14, 1964, 5. To determine whether the instant 8:47 a.m.] proposal of D. H. Overmyer is in compli­ sible, jointly, within the time and in the Saturday, February 15, 1964 FEDERAL REGISTER 2527 [Docket Nos. CP61-45, CP63-292] Commission’s rules of practice and pro­ Lario’s proposed favored-nation rate INDIANA NATURAL GAS CORP. cedure, a hearing will be held on March increase of 12.35 cents per Mcf for low 17, 1964, at 10:00 a.m. e.s.t. in a Hearing pressure gas exceeds the increased ceil­ Notice of Application, Consolidation, Room of the Federal Power Commission, ing of 11.0 cents per Mcf for the Okla­ and Date of Hearing 441 G Street NW., Washington, D.C., homa “Other” Area as set forth in the concerning the matters involved in and Commission’s Statement of General F ebruary 11,1964.' the issues presented by said applications. Policy No. 61-1, as amended (18 CFR Take notice that Indiana Natural Gas Protests or petitions to intervene may Ch. I, P. 2, § 2.56) and should be sus­ Corporation, an Indiana corporation be filed with the Federal Power Com­ pended. (Applicant), having its principal place mission, Washington, D.C., 20426, in The proposed changed rate and charge of business in Paoli, Indiana, filed on accordance, with the rules of practice and may be unjust, unreasonable, unduly April 29, 1963, an application (Docket procedure (18 CFR 1.8 or 1.10) on or discriminatory, or preferential, or other­ No. 34.0 14.73 duly discriminatory, or preferential, or G-7416__ -do. .do. otherwise unlawful. 12-26-63 »34.0 14.73 G-7417...... -do. The Commission finds: It is necessary 12-26-63 .do. >34.0 14.73 and proper in the public interest and to G-7418. . -do. 12-26-63 .do. *34.0 14.73 aid in the enforcement of the provisions G-8313...... West Virginia Development Hope Natural Gas Co., Jefferson of the Natural Gas Act that the Com­ E 2-5-64 Co. (successor to Bernard F. 20.0 15.325 Rinehart, et al.). District, Pleasants County, W. Va. mission enter upon a hearing concerning G-8314...... do___I...... the lawfulness of the proposed change, E 2-5-64 .do. 20.0 15.325 G-8315...... do. and that Supplement No. 2 to Warren’s E 2-5-64 20.0 15.325 FPC Gas Rate Schedule No. 29 be sus­ G-12576.... Logue and Patterson (successor Texas Eastern Transmission Corp pended and the use thereof deferred as E 2-3-64 to Slade, Inc., et al.). 13.8733 14.65 G-12912 Norristown Gas Co., et al. Enke Field, Goliad County, Tex hereinafter ordered. E 1-26-64 (successor to Jules G. Franks, Hope Natural Gas Co., Sherman 20.0 15.325 The Commission orders: et al.) District, Calhoun County, W. Va. G-15533...... Jake L. Hamon (Operator), et (A) Pursuant to the authority of the Lone Star Gas Co., East Ayles- 11.0 14.65 E 1-27-64 al. (successor to Union Texas worth Field, Bryan County, Natural Gas Act, particularly sections 4 Petroleum, a division of Al­ Okla. lied Chemical Corp. (Opera­ 15 thereof, the Commission’s rules tor), et al.). of practice and procedure, and the regu- G-18610__ _ Norristown Gas Co., et al. (suc­ Hope Natural Gas Co., Lee Dis­ ktío*18 under the Natural Gas Act (18 El-29-64 cessor to J. G. Franks, et al.). trict, Calhoun County, W. Va. 15.325 CI60-475___ Belco Petroleum Corp...... CPR Ch. I), a public hearing shall be El Paso Natural Gas Co., acreage 16.0 15.025 C 1-30-64 in Lincoln and Sublette Coun­ held upon a date to be fixed by notice ties, Wyo. irom the Secretary concerning the law­ Filing code: A—Initial service. fulness of the proposed increased rate . B—Abandonment. C—Amendment to add acreage. and charge contained in Supplement D—Amendment to delete acreage. no. 2 to Warren’s FPC Gas Rate Sched­ E—Succession. ule No. 29. See footnotes at end of table. . Pending such hearing and deci­ sion thereon, Supplement No. 2 to War­ ren s FPc Gas Rate Schedule No. 29 is nereby suspended and the use thereof b X sriS rä .““ 4*““ íot h“ r‘ng the Mverai <*>«*«> ReferredNo. 33- until July 14, 1964, and there- aiter untfi such further time as it is made in the manner prescribed by me Natural Gas Act. • -

homfdreSS is: P O- Box 158&> Tulsa, Okla- effective date is the effective a ®1guested by Respondent. exDirprf ,!^ al ?ate Crease. Basic contract 1963 Q Under its own terms on December 1, 2530 NOTICES

Docket No. and Pres­ OFFICE OF EMERGENCY Applicant Purchaser, field and location Price per Mcf sure date filed base PLANNING C160-691 », Continental Oil Co. (Operator), Panhandle Eastern Pipe Line Co., 15.0 14 65 H. C. TURNER, JR. 1-30-64 et aL acreage in Major and Dewey Counties, Okla. Appointee’s Statement of Business CI61-465...... David Law (successor to Ridge- Hope Natural Gas Co., Courthouse 25.0 15.325 C&E 2-3-64 dale Oil & Gas Co., Inc.). District, Lewis County, W. Va. Interests C161-660...... Lario Oil

CUMULATIVE CODIFICATION GUIDE— FEBRUARY 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 February. Page Page 12 CFR— Continued 3 CFR 7 CFR—Continued Page P roposed R ules—Continued 9. 1719 P roclamations: 204______1796,2447 1717 1040 2002, 2460, 2462 3572 ______1041 _ 2002, 2460,2462210______2447 3573 _____ —------2327 2475 1042 _ 2002, 2460, 2462213______2448 3574 ______1043 _ 2002, 2460, 2462215____ H ______------2448 E xecutive Orders: 1044 ______- ____ 2002, 2460 Nov. 26, 1921 (See PLO 3326) _ 2423 3 CFR 1045 ______.______~______2102,120 ______2460 2486 Apr. 4, 1922 (See PLO 3326)— 2423 1046 ______2002, 2460 Apr. 17, 1926 (See PLO 3326) - 2423 1047______2002,2460,2462 4 CFR Feb. 23, 1928 (See PLO 3323) - 1723 1048 ______2002, 2460, 2463 44_.______:_____ 1719 9993 (See EO 11140)------— 1637 1049 _____ 1656,2002, 2460, 2463 71 [New]______1841-1844, 10031 (See EO 11140)------1637 1050 ______2102, 2460 2306-2308, 2336, 2337, 2419, 2420, 10280 (See EO 11140)------— 1637 1051 ______2102, 2460 2487, 2488. 10354 (See EO 11140)------— 1637 1061 ______2102, 2460 97 [New]______1781,1845,2369 10497 (See EO 11140)——----- 1637 1062——______- 2102,2460, 2463 129 [New]______1719 10506 (See EO H140)------1637 1063______- 2102, 2460 133 [New]______1850 10810 (See EO 11142)------2479 10641______2102,2460 507____ 1680,1721,1850,2309,2338,2377 10881 (See EO 11142)------r- 2479 1065 ______2204, 2461 P roposed R u l e s : 11140 ______—__ 1637 1066 __ —L ______2204, 2461, 2463 I ______p ______2349 11141 ______—------v 2477 1067 ______2102,2460, 2463 4b 1692 11142 ______2479 1068 ______2102, 2460 I I ______2467 5 CFR 1069 ______2102,2460 71 [New]______1693-1696, 213______1835,1836, 2301 1070______—.______2102, 2460 2312, 2350-2353, 2505-2509 352______i------2301 1071 ______2204, 2461 75 [New]— ______— 2509 511______— 2447 1072-1___ —______2204, 2461, 2463 241 ______1658,1737 534______Si------2447 1073______2204, 2461 507—______1739,2313,2509 539—.______— ------2377 , 1074 ______2204,2461 1075 ______2204, 2461, 2463 15 CFR 591______- ______— — 2447 370 ______2449 1076 ______2204, 2461 3 7 1 ...... - 2338,2449 7 CFR 1078 ______2102, 2460 373______2338,2449 51______— ______- 1794 1079 ______2102, 2460 52______. ______2481, 2483 377_____ 2449 1090______— — 2002, 2460, 2463 379 ______2449 319 ______2329 1094______2102, 2460 4 0 1 - - - - - ” —______1795 1096 ______— 2102, 2460,2463 380—1——————______2449 722 „ _ 2301, 23021097 .______2102, 2460 399______2450 724______1639,1641 1098 _- ______— 2002, 2460, 2463 16 CFR 775______2302, 2485 1099 ______2102,2460 _ 1644, 770______2329 1101 _ 2002, 2460, 2463 1721, 1796-1799, 2339, 2341, 2379- 868______2330 1102 ______2102,2460 2381, 2450, 2451, 2488-2490. 905 2303, 23041103 ______2102,2460, 2461 P roposed R u l e s: 907______1642,1643,1719, 2304, 2485 1104 ______2204, 2461 67------2428 910______1643, 2305, 2486 1105 ______2102, 2460, 2461 303______2429 993______%-- ,,------2331 1106 _ 2204, 2461 1464______:____ „ _ 2305 1107 ______- ___ 2102, 2460, 2461 17 CFR 2420 P roposed R u l e s : 1108 ______2102, 2460 230 ______231 ------2490 729 ______i ______2466 1120______2204, 2461, 2464 2420 1125 2204, 2461, 2464 240______730 ______— ------1853 2420 916___ 1736 1126 _____ 2204, 2461, 2464, 2465 250______------2420 987______.______1737 1127 ______2204, 2461 260 2420 1001 ______1646 1128 ______2204, 2461, 2464270______1002 ______1646 1 1 2 9 ______2204, 2461, 246418 CFR 1 1 3 0 ______— 2204,2461,2464 2494 1003 _____ - ____ 1646, 2002, 2460 141______1004—______—------1646 1 1 3 1 ______—_ 2204, 2461, 2464 2494 1132— ______2204,2461,2464 260______1005 ______2002, 2460 Proposed R u l e s: 2512 1006 ______1646 1133 ______— 2204, 2461,2464 141— ------— 1007 ______1646 1134 __ ;______2204,2461,2465 2512 260______2312 1008 ______2002, 2460, 2461 1 1 3 5 ______2204, 2461, 2465 Ch. H I------1009—.——______2002, 2460, 2462 1136 ______2204, 2461 10 11______2002, 2460 1137 ______2204, 2461, 246519 CFR 2333 1013 ______2002, 2460 1 1 3 8 _____ 1656, 2204, 2461, 2465 I ------_ 2335 1014 ______1646 ------__ 2335 1015— ______1646 CFR 1016— ____ 1646, 2002, 2460 1679 I18— I ------—— —------^ :::zz_ _2335 2336 1030 ______2102, 246074__ 1851,2378 19------gggg 78______1679,1719 1031 ______2102,2460,2462 21. ------— - ; 2309,2336 1032 ______2102, 2460201______——------1795 24. ------—:------2336 1033— ______2002, 2349, 2460 P roposed R u l e s : 31. 1034______2002, 2349, 2460 17 I ______—_ 1696 20 CFR 1035—______2002, 2349,2460, 2462 18______1657,1696 .. 1799 1036 ______2002, 2460, 2462 27______— 1696 422______1037 ______—_ 2002, 2460 1038______- ____ 2102, 2460 12 CFR 2 ! CFR 1801 1039______2102, 2460 2419 Saturday, February 15, 1964 FEDERAL REGISTER 2535 Page 21 CFR— Continued 32 CFR— Continued Page 43 CFR— Continued Page 19______—— ------1802 1005.______P roposed R ules: 25___ ------■ ------2382 1007______1682,1838, 2499 1 6 1 ______45______— — 2383 1009______12 0 ___ PH———------1802 10 12______46 CFR 121—------2309, 2382, 2384 1013 ______171— ___ _ 1690, 1691 141d — ------_ 1802 1014 ______P roposed R ules: 191------2 .:‘. ____ 1802,2310 1015 ______35______Proposed R ules: 1016______45______2 9 ______------1807 1054______1689,1840, 2501 7 8 ______37 ______1807 1057 ______9 7 ______534 _ _ __ 12 1______1807,1808, 2505 33 CFR 1853 146-146C______2505 47 CFR 146e______2505 202 ______203 _____ P roposed R ules: 24 CFR 207 ______1 — _ _ 207_____ P w l M M ------2422 3 ______213______H 36 CFR 73______. 1739, 2428 221____ 1______242Ï 311__ 9499! 74______P roposed R u l e s : 87______25 CFR 1 ______221___ 2494 2 ______49 CFR Proposed Rules: 7 ______P roposed R ules: 34______------2426 131______221______1736 41 CFR 50 CFR 26 CFR 1-5 ______33 ______5-16______Proposed R ules: 1723, 1724, 1805, 1806, 2424, 2425 8-4______260 ______1______8 -11 ____ 186______201 9-7 ____ 1725, 1852 9-15______9-56 ______Subscriptions Now Being 28 CFR Accepted o______14-1______29 CFR 43 CFR SLIP LAWS 526_____ ..... __ 63— ______531_____ 101 ____ 88th Congress, 2d Session 782_...... 140______192 ______Separate prints of Public Laws, published 30 CFR 200______immediately after enactment, with mar­ ginal annotations and legislative history Proposed Rules: P ublic L and Orders : 14_____ 3012______references 3321 ______Subscription Price: 31 CFR 3322_____ — 1723 $12.00 per Session 316____ 'm'_Z 3323 ______3324 ______Published by Office of the Federal Register, 32 CFR 3325 ______National Archives and Records Service, 155___ _ 3326 ____ General Services Administration 719____ 3327______1001____ Order from Superintendent of Documents, 1680,1836, 2494 3328___ Government Printing Office, Washington 1002 ___ _ 3329 ___ D.C., 20402 1003_ 1681,1838, 2496 3330 _

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Official guide to the functions o f thè Federal Government PAPER BOUND, WITH CHARTS

Order from Superintendent of Documents, U.S. Government Printing Office, Washington, D.C., 20402