FEDERAL REGISTER V O L U M E 33 N U M B ER 204 Friday, October 18, 1968 • Washington, D.C. Pages 15467-15516 PARTI (Part II begins on page 15505)
Agencies in this issue— The Congress Agricultural Research Service Agricultural Stabilization and Conservation Service Agriculture Department Atomic Energy Commission Civil Aeronautics Board Civil Service Commission Commodity Credit Corporation Consumer and Marketing Service Federal Communications Commission Federal Housing Administration Federal Maritime Commission Federal Power Commission Federal Reserve System — Fish and Wildlife Service Housing and Urban Development Department Interior Department ■Interstate Commerce Commission Land Management Bureau Maritime Administration Mines Bureau Securities and Exchange Commission Small Business Administration Social and Rehabilitation Service Detailed list o f Contents appears inside.
No. 204—Pt. I ____ J Volume 81 UNITED STATES STATUTES AT LARGE [90th Cong , 1st Sess.l
Contains laws and concurrent resolu of prior laws affected, a numerical tions enacted by the Congress during listing of bills enacted into public and 1967, reorganization plans, the twenty- private law, and a guide to the legis fifth amendment to the Constitution, and Presidential proclamations. Also lative history of bills enacted into included are: a subject index, tables public law.
Price: $9.00
Published by Office of the Federal Register, National Archives and Records Service, General Services Administration
Order from Superintendent of Documents, U.S. Government Printing Office Washington, D.C. 20402
n r r i C T m Published daily, Tuesday through Saturday (no publication on Sundays, Mondays, nrlllM rI I on the day after an official Federal holiday), by the Office of the Federal Register, Nation FEDERAL% - Archives and Records Service, General Services Administration (mail address Nation Area Code 202 *|V * ,VfWTtO’ '»34 I 4? Phone 962-8626 ***v***»vwArchives Building, u< Washington, .. ____ o______D.C._ 20408), ^pursuant_____ to the authority contained in t ^ Federal Register Act,"approved July 26, l O S s T ^ t a t . 500, asDamended;°44 U.S.C., Ch. 8B )f under regulations prescribed by the* ¿dmto- istrative Committee of the Federal Register, approved by the President (1 CFR Ch. I ) . Distribution is made only by the Supermtenu of Documents, U.S. Government Printing Office, Washington, D.C. 20402. ottq1_,p ln The Federal R egister will be furnished by mail to subscribers, free of postage, for $1.50 per month or $15 per year, payame advance. The charge for individual copies varies in proportion to the size of the issue (15 cents for the first 80 pages and 5cenw . each additional group of 40 pages, as actually bound). Remit check or money'order, made payable to the Superintendent of Docum U.S. Government Printing Office, Washington, D.C. 20402. Dur. The regulatory material appearing herein is keyed to the Code op F ederal R egulations, which is published, under 50 v suant to section 11 of the Federal Register Act, as amended. The Code op Federal R egulations is sold by the Superintenaenv Documents. Prices of books and pocket supplements are listed in the first Federal R egister issue of each month. ations There are no restrictions on the republication of material appearing in the F ederal R egister or the Code op Federal Régulât Contents THE CONGRESS CONSUMER AND MARKETING FEDERAL RESERVE SYSTEM SERVICE Acts approved------— _— .15501 Proposed Rule Making Rules and Regulations Truth'in lending______15506 Meat inspection, post-mortem; EXECUTIVE AGENCIES organs and parts and identify FISH AND WILDLIFE SERVICE AGRICULTURAL RESEARCH ing devices to be held pending Notices final inspection of carcasses___ 15475 Aparicio Bros.; hearing______15484 SERVICE Milk handling in certain market Notices ing areas: HEALTH, EDUCATION, AND Central Arkansas ; suspension of Organization, authorities, and re certain provision______15474 WELFARE DEPARTMENT sponsibilities ______15485 Red River Valley; order amend See Social and Rehabilitation AGRICULTURAL STABILIZATION ing order______15473 Service. AND CONSERVATION SERVICE Oranges, Navel, grown in Arizona and California; handling______;15471 HOUSING AND URBAN Proposed Rule Making Proposed Rule Making DEVELOPMENT DEPARTMENT Tobacco, flue-cured; determina Lamb, yearling mutton, and mut See also Federal Housing Admin tions regarding marketing quo istration. tas on acreage-poundage basis ton carcasses and slaughter for 1969-70 marketing year____ 15481 lambs, yearlings, and sheep; Notices standards for grades; extension Acting Assistant Regional Admin AGRICULTURE DEPARTMENT of time______15482 istrator for Renewal Assistance, See also Agricultural Research Region I (New York); designa Servicer Agricultural Stabiliza FEDERAL COMMUNICATIONS tion ------15487 tion and Conservation Service; COMMISSION Commodity Credit Corporation; INTERIOR DEPARTMENT Notices Consumer and Marketing Serv See also Fish and Wildlife Serv ice. Overseas facilities; inquiry into ice; Land Management Bureau; use of multichannel equip- Mines Bureau. Notices m en t______15492 North Carolina; designation of Hearings, etc.: Notices area for emergency loans-'_____ 15487 Bluegrass Broadcasting Co., Report of appointment and state ATOMIC ENERGY COMMISSION In c______15490 ments of changes in financial Jackson Missouri Broadcasting interests: Notices Co. and Mattoon Broadcast Beck, Howard A______15484 Sacramento Municipal Utility Dis ing Co. (WLBH) ____ 15490 Broaddus, James S______15484 Hieronymus, John W______15484 trict; issuance of provisional Multi-Channel Cable Co______15491 construction permit______15487 Holland, Henry K ______15484 Hrubesky, George F______15484 CIVIL AERONAUTICS BOARD FEDERAL HOUSING Peckheiser, Harry J______15485 ADMINISTRATION Sewell, Kenneth I______15485 Notices Timme, E. F------15485 Hearings, etc.: Rules and Regulations Welch, Edward W______15485 Cable Plying Service, Inc______15488 Property improvement loans, Class Eureka Aero Industries______15488 1 and Class 2 ; miscellaneous INTERSTATE COMMERCE Ross Aviation, Inc______15489 amendments______15478 Sedalia, Marshall, Boonville COMMISSION Stage Line, Inc______15489 FEDERAL MARITIME Notices Fourth section applications for CIVIL SERVICE COMMISSION COMMISSION relief ------15499 Rules and Regulations Notices Motor carriers: Pay ; authorization of hazard pay Agreements filed for approval: Temporary authority applica differential; correction______15471 American President Lines, Ltd., tions ------15499 and Nam Sung Shipping Co., Transfer proceedings______15501 COMMERCE DEPARTMENT L td------15493 See Maritime Administration. Australia, New Zealand and LAND MANAGEMENT BUREAU South Sea Islands Pacific COMMODITY CREDIT Notices Coast Conference______15493 Lands and resources; redelegation CORPORATION Federal New Zealand Lines of authority; correction______15484 Rules and Regulations Joint Service______15493 Cooperative marketing associa MARITIME ADMINISTRATION tions; eligibility requirements FEDERAL POWER COMMISSION Notices for price support; member asso Notices United States Lines, Inc.; applica ciations _____ 15475 Hearings, etc.: tion for approval of cruises___ 15487 Notices Arkansas Louisiana Gas Co___ 15496 livestock feed program; desif Clinton Oil Co. et al______15494 MINES BUREAU tion of emergency area__ 15486 Consolidated Gas Supply Corp__ 15496 Rules and Regulations support programs; 1964 Getty Oil Co. et al______- __ 15495 Purchase of helium by Federal subsequent crops; annou; Taloga, Okla., town of, and Pan agencies and their contractors— 15478 ®ent of interest rate______15487 handle Eastern Pipeline Co__ 15497 (Continued on next page) 15469 15470 CONTENTS
SECURITIES AND EXCHANGE SMALL BUSINESS SOCIAL AND REHABILITATION COMMISSION ADMINISTRATION SERVICE Notices Rules and Regulations Proposed Rule Making Hearings, etc.: , Administration; list of public-use Grants for expansion and devel Caribbean Capital Corp------15497 SBA forms ______15475 opment of undergraduate and Delmarva Power & Light Co— 15497 Small business size standards; def graduate programs in social Mississippi Power Co------15498 inition of small business concern w o rk ______15482 Paramount General Corp----- 15498 for purpose of sales of Govern Technical Fund, Inc------15498 ment-owned timber------15477
List of CFR Parts Affected
The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulative list of parts affected, covering the current month to date, appears at the end of each issue beginning with the second issue of the month. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1, 1968, and specifies how they are affected.
5 CFR 9 CFR 24 CFR 550— ...... 15471 310— 15475 201__ — 15478 7 CFR 12 CFR 30 CFR 907______15471 15473 P roposed R u l e s : 2______15478 1104______— 15506 1108______15474 226______1425______15475 45 CFR Proposed R u l e s : 13 CFR 15482 101 15475 PR01*081® R u l e s : 53______- ...... 15482 725______15481 121 15477 280------15471 Rules and Regulations
designated production area in the same ations of producers who were not en Title 5— ADMINISTRATIVE manner as, and is applicable only to per gaged in processing, distributing, or sons in the respective classes of commer shipping the oranges covered by this PERSONNEL cial or industrial activity specified in, the order) who, during the period November marketing agreement and order upon 1, 1966, through October 31, 1967, han Chapter I— Civil Service Commission which hearings have been held; dled not less than 80 percent of the or (3) The said order, as amended, and as anges covered by said order, as amended, PART 550— PAY ADMINISTRATION hereby further amended, is limited in its (GENERAL) and as hereby further amended; application to the smallest regional pro (2) The issuance of this order, Authorization of Hazard Pay duction area that is practicable con amending the aforesaid order, is favored sistently with carrying out the declared Differential or approved by at least three-fourths of policy of the act; the producers who participated in a Correction (4) The said order, as amended, and referendum on the question of its ap In PH. Doc. 68-12332 appearing at as hereby further amended, prescribes, proval and who, during the determined page 15199 of the issue for Friday, Octo so far as practicable, such different representative period (Nov. 1, 1966, ber 11, 1968, in § 550.904(b) (2), line 3, terms, applicable to different parts of the through Oct. 31, 1967) were engaged preceding the word “ the” insert the word production area, as are necessary to give within the area in the production for “that”. due recognition to differences in the pro market of the oranges covered by the duction and marketing of Navel oranges; said order, as amended, and as hereby and further amended; and (5) All .handling of Navel oranges (3) The issuance of this order, Title 7— AGRICULTURE grown in the designated production area amending the aforesaid order, is favored Chapter IX— Consumer and Market is in the current of interstate or foreign or approved by producers who, during commerce or directly burdens, obstructs, ing Service (Marketing Agreements the aforesaid representative period, pro or affects such commerce. duced for market at least two-thirds of and Orders; Fruits, Vegetables, (b) Additional findings. It is herebythe volume of Navel oranges produced Nuts), Department of Agriculture found, on the basis hereinafter indicated for market within the designated pro that good cause exists for making the PART 907— NAVEL ORANGES duction area. provisions of this amendatory order ef It is, therefore, ordered, That, on and GROWN IN ARIZONA AND DESIG fective not later than November 1, 1968, after the effective date hereof, all NATED PART OF CALIFORNIA and that it would be contrary to the handling of Navel oranges grown in the public interest to postpone such effective production area shall be in conformity Order Amending the Order, as date until 30 days after publication (5 Amended, Regulating Handling to, and in compliance with, the terms U.S.C. 553). The provisions of this order and conditions of the said order, as § 907.0 Findings and determinations. enlarge the production area, redefine the amended, and as hereby further amended prorate districts, and effect changes in as follows: The findings and determinations here the allotment provisions. The fiscal pe inafter set forth are supplementary and 1. The provisions of § 907.4 Produc riod and the new season begins November tion area are amended to read as follows: in addition to the findings and determi 1.1968, and the effective time of the pro nations made in connection with the visions of this amendment should coin § 907.4 Production area. issuance of the order and of the previ cide with this date so that regulatory “Production area” means the State of ously issued amendments thereto; and and other activity may be applicable to all of said previous findings and deter Arizona and that part of the State of the enlarged area and on the basis of California south of a line drawn due minations are hereby ratified and affirm - the redefined prorate districts in accord east and west through the present post ed except insofar as such findings and ance with such provisions. The provi office in Red Bluff, Calif. determinations may be in conflict with sions of this order are well known to file findings and determinations set forth 2. The provisions of § 907.20 Estab herein. producers and handlers. The hearing in lishment and membership are revised so connection therewith was held at Ba that the first sentence reads as follows: (a) Findings upon the basis of the kersfield, Calif., on March 25, 26, and nearing record. Pursuant to the Agricul 27.1968, and continued at Phoenix, Ariz., § 907.20 Establishment and member tural Marketing Agreement Act of 1937, on March 29, 1968, and the recom ship. as amended (7 U.S.C. 601-674), and the mended decision and the final decision applicable rules of practice and procedure There is hereby established a Navel were published in the F ederal R egister Orange Administrative Committee con effective thereunder (7 CFR Part 900), on July 31, 1968 (33 F.R. 10867), and sisting of 11 members, for each of whom a public hearing was held at Bakersfield, October 2, 1968 (33 F.R. 14710), respec there shall be one alternate, and for ^alif., on March 25, 26, and 27,1968, and tively. Copies of the provisions of the each grower member an additional continued at Phoeniz, Ariz., on March 29, amendatory order were made available alternate. * * * upon proposed amendments to the to all known interested parties, and com § 907.22 [Amended] marketing agreement, as amended, and pliance with such provisions will not oriner No’ 907> 85 amended (7 CFR Part require advance preparation on the part 3. The provisions of § 907.22 Nomina W7), regulating the handling of Navel of persons subject thereto which cannot tions are amended in the following ^rown in Arizona and designated be completed prior to the effective time respects: pan of California. Upon the basis of the specified. a. Paragraph (a) is amended to read aence introduced at such hearing and (c) Determinations. It is hereby deas follows: riT K ? 'thereof* il; is found that; termined that: (a) The time and manner of nomi w Ik * e said order* as amended, and as (1) The agreement amending thenating members, alternate members, and aereby further amended, and all of the marketing agreement, as amended, reg terms and conditions thereof, will tend to additional alternate members of the ulating the handling of Navel oranges committee shall be prescribed by the nf9c;U8Je the declared policy of the act; grown in the designated production Secretary. a* ^ sa*d order> as amended, and area, upon which the aforesaid public b. Paragraph (b) is amended by in hnnrfre^y further amended, regulates the hearing was held, has been signed by ing of Navel oranges grown in the serting the phrase “three additional al handlers (excluding cooperative associ ternate grower members” immediately
FEDERAL REGISTER, VOL. 33, NO. 204— FRIDAY, OCTOBER 18, 1968 15472 RULES AND REGULATIONS after the phrase “three alternate grower penses incurred, such excess shall be ac § 907.55 [Amended] members.” counted for in accordance with one of 9. Section 907.55 Overshipments is c. Paragraph (c) is amended to read the following: amended in the following respects: as follows: (1) If such excess is not retained in a a. The phrase “equivalent to 10 per (c) All cooperative marketing organi reserve or used to defray necessary ex cent” in § 907.55 is replaced by the phrase zations which market oranges and penses of liquidation, as provided in sub- “equivalent to 20 percent.” which are not qualified under paragraph paragraph (2) of this section, it shall b. The period at the end of the first (b) of this section, or growers affiliated be refunded proportionately to the per sentence of § 907.55 is changed to a colon therewith, shall nominate one grower sons from whom it was collected: Pro and the following is added: “Provided, member, one alternate grower member, vided, That any sum paid by a person in however, That the committee may, with one additional alternate grower member, excess of his pro rata share of the ex the approval of the Secretary, reduce one handler member, and one alternate penses during any fiscal year may be such 20 percent to a percentage not less handler member. applied by the committee at the end of than 10 percent: And provided further, d. Paragraph (d) is amended to read such fiscal year to any outstanding obli That if, subsequent to the determination gations due the committee from such as follows: of general maturity, allotment (other person. than short life allotment) is forfeited in (d) All growers who are not affiliated (2) The Committee, with the ap any prorate district during any prorate with a cooperative marketing organiza proval of the Secretary, may establish period, such forfeiture shall be used to tion which markets oranges shall homi and maintain during one or more fiscal reduce the amount of maximum permis nate two grower members, two alternate years an operational monetary reserve sible overshipments made during such grower members, two additional grower in an amount not to exceed approxi prorate period, unless the forfeiting han members, one handler member, and one mately one half of a fiscal year’s opera dler shall have made a bone fide and alternate handler member. tional expenses. Upon approval of the timely offer to the committee to lend his 4. The provisions of § 907.23 Selection Secretary, funds in such reserve shall be undershipment. Such forfeitures shall be are revised to read as follows: available for use by the committee (1) first applied to handlers within such dis § 907.23 Selection. for all expenses authorized pursuant to trict in which the forfeiture occurred § 907.40 and (2) to cover necessary ex From the nominations made pursuant and second to qualified handlers in other penses of liquidation in the event of ter districts. Allocation of forfeitures to han to § 907.22(b) or from other qualified mination of this part. Upon termination growers and handlers, the Secretary dlers who have overshipped shall be of this part, any funds not required to made in proportion to, but not in excess shall select three grower members of the defray the necessary expenses of liquida committee, an alternate and an addi of, the quantity overshipped by each such tion shall be disposed of in such manner handier. In the case of short life allot tional alternate to each of such grower as the Secretary may determine to be members; also two handler members of ments, any forfeiture thereof shall be appropriate: Provided, That to the ex credited as above provided only against the committee and an alternate to each tent practical, such funds shall be re of such handler members. From the overshipment of allotments issued pur turned pro rata to the persons from suant to § 907.54. However, no handler nominations made pursuant to § 907.22 whom such funds were collected. (c) or from other qualified growers and who has overshipped more than the max handlers the Secretary shall select one * * * * * imum permissible under this section shall participate in the credits allowed grower member of the committee, an § 907.51 [Amended] alternate and an additional alternate to by this provision.” such grower member; also one handler 7. The provisions of § 907.51 Recom c. The period at the end of the second member of the committee and an alter mendation for volume regulations are sentence in § 907.55 is changed to a nate to such handler member. From the revised in the following respects: comma and the following is added: ‘‘or nominations made pursuant to § 907.22 a. The first sentence of paragraph (b) is entirely reduced by application of (d) or from other qualified growers and to the colon is revised to read as follows: forfeited allotment.” handlers the Secretary shall select two (b) In making its recommendation, d. In the third sentence of § 907.55 the grower members of the committee, an the committee shall provide equity of following is inserted immediately after alternate and an additional alternate to the word “section” : “as,reducecf by the marketing opportunity to handlers in all application of forfeited allotment.” each of such grower members; also onè districts and shall give due considera handler member of the committee and e. The following new sentence is added tion to the following factors: at the end of § 907.55: “The committee, an alternate to such handler member. b. A new paragraph (d) is added read From the nominations made pursuant with the approval of the Secretary, shall to § 907.22(f) or from other qualified ing as f ollows: adopt procedural rules and regulations persons the Secretary shall select one (d) The committee shall, with the ap to effectuate the provisions of this member of the committee and an alter proval of the Secretary, adopt procedural § 907.55.” nate to such member. rules and regulations to effectuate the provisions of this § 907.51. § 907.57 [Amended] § 907.27 [Amended] 8. The provisions of § 907.53 Prorate, 10. The provisions of § 907.57 Allot 5. The provisions of § 907.27 Alternate bases are revised by redesignating para ment loans are revised in the following member are revised so that the proviso graphs (f) and (g) as paragraphs (g) respects: in the first sentence reads as follows : and (h ), respectively, and adding a new a. The first sentences in paragraphs Provided, That a member may designate paragraph (f) reading as follows: (a) and (b) are revised to read as any alternate member to serve in the § 907.53 Prorate bases. follows: place and stead of such member, if the (a) A person to w h om allotments have alternate member so designated was se * * * * * lected from the same group which was been issued under general maturity may authorized to nominate the member; (f) When any person having a pro lend such allotments to other persons unless another alternate member is so rate base has moved all his oranges or within any prorate district to whoni al designated by a grower member, his al has remaining a quantity smaller than lotments have also been issued: Pro ternate shall act for the member and, in his allotment, he shall be removed from vided, That allotments issued under tne the absence of such alternate, the alter the prorate base or his prorate base shall short life provision of this subpart may nate shall so act, and in his absehcé the be reduced so that his allotment based be loaned only to other persons in tne additional alternate shall so act. thereon shall not exceed the quantity of same district to whom such allotments 6. The provisions of paragraph (a) oranges remaining under his control; ex have been issued. * * * § 907.42 Accounting are revised to read cept that he shall receive his allotments (b) A person desiring to loan all or as follows : on his full prorate base to the extent nec part of his allotment shall attempt to _ essary to pay back loans for which he so first within his own district and n § 907.42 Accounting. ■ is obligated in any week that repayment so chooses,Inay request the committee (a) If, at the end of a fiscal year, the of loans may be due. act in his behalf. A person desiringw assessments collected are in excess of ex- * * * * * loan to persons outside his own dist FEDERAL REGISTER, VOL. 33, NO. 204— FRIDAY, OCTOBER 18, 1968 RULES AND REGULATIONS 15473 shall request the committee to arrange through the present post office in Red Act, are not reasonable in view of the the loan on his behalf with the com Bluff, Calif., and north of a line drawn price of feeds, available supplies of mittee first offering the loan to persons due east and west through the present feeds, and other economic conditions within the district who file requests for post office in Gorman, Calif., and west of which affect market supply and de such loans; and failing to do so may the extension of a line drawn due north mand for milk in the said marketing then arrange to offer the loan outside and south through the present post office area, and the minimum prices specified of the district in an equitable man in White Water, Calif., but exclud in the order as hereby amended, are ner. * * * ing San Luis Obispo and Santa Barbara such prices as will reflect the aforesaid b. A new paragraph (f) is added read Counties. factors, insure a sufficient quantity of ing as follows: (b) District 2 shall include that part pure and wholesome milk, and be in the (f) The committee may, with the ap of the State of California west of a line public interest; and proval of the Secretary, adopt proce drawn due north and south through the (3) The said order as hereby amended, dural rules and regulations to effectuate present post office in White Water, Calif., regulates the handling of milk in the provisions of this § 907.57. and south of a line drawn due east and the same manner as, and is applicable § 907.61 [Amended] west through the present post office in only to persons in the respective classes Gorman, Calif., but including San Luis 11. The provisions of § 907.61 Short of industrial or commercial activity Obispo and Santa Barbara Counties. specified in, a marketing agreement life allotments are revised so that the (c) District 3 shall include the State fourth and fifth sentences thereof read as upon which a hearing has been held. of Arizona and that part of the State of (b) Additional findings. It is necessary follows: Such determination and allot California east of a line drawn due north ment issued pursuant thereto shall per in the public interest to make this order and south through the present post amending the order effective upon F ed mit the handling in total during periods office in White Water, Calif. of open movement and under volume reg eral R egister publication. Any delay be ulations of a quantity of short life (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. yond that date would tend to disrupt the 601-674) orderly marketing of milk in the market oranges equal proportionately to the ing area. average to be handled by all handlers of Dated, October 14, 1968, to become oranges within the prorate district. After effective November 1,1968. The provisions of the said order are a handler of short life oranges has re known to handlers. The recommended ceived allotment sufficient to permit O rville L. F reem an, decision--of the Deputy Administrator, such total handling, allotment there Secretary. Regulatory Programs, was issued Sep after due such handler of short life [F.R. Doc. 68-12681; Filed, Oct. 17, 1968; tember 13, 1968, and the decision of the oranges shall be allocated to handlers 8:47 a.m.] Under Secretary containing all amend from whom allotment has been withheld. ment provisions of this order, was issued 12. A new § 907.61a Freeze damage September 30, 1968. It is necessary that allotments is added immediately after Chapter X— Consumer and Marketing producers know, at once, that their cur § 907.61, reading as follows: Service (Marketing Agreements and rent deliveries of milk will not determine Orders; Milk), Department of Agri- bases which will affect payments for § 907.61a Freeze damage allotments. culture future deliveries. This order will not Notwithstanding the provisions of (Milk Order 104] change the obligations of any handler §907.54 whenever one or more districts for milk purchased from producers. experience severe freeze damage, affect PART 1104— MILK IN RED RIVER Neither will it change returns to any in ing a substantial portion of the crop VALLEY MARKETING AREA dividual producer until March 1969, when within the district, but varying in degree, base-excess payments would occur under the committee may issue allotments to Order Amending Order the present order provisions. The changes each handler in such district based upon § 1104.0 Findings and determinations. effected by the order will require no prep aration or alteration in method of opera requests submitted by handlers, the total The findings and determinations here allotment to be allocated among the re inafter set forth are supplementary and tion foY handlers. In view of the fore questing handlers in an equitable man in addition to the findings and determi going, it is hereby found and determined ner. Such allotments may be used only nations previously made in connection that good cause exists for making this during the week for which issued, and with the issuance of the aforesaid order order amending the order effective upon the undershipment of such allotments and of the previously issued amendments publication in the F ederal R egister and shall not entitle such handler to handle thereto; and all of said previous findings that it would be contrary to the public an additional quantity of oranges due and determinations are hereby ratified interest to delay the effective date of to such undershipment. Transfers of al and affirmed, except insofar as such find this order for 30 days after its publica lotment if within the district are subject ings and determinations may be in con tion in the F ederal R egister. (Sec. 553 only to the parties notifying the commit flict with the findings and determina (d), Administrative Procedure Act, 5 tee. Transfer of allotment between han tions set forth herein. U.S.C. 551-559.) dlers not within the same district shall be (a) Findings upon the basis of the (c) Determinations. It is hereby de by the committee and only between han hearing record. Pursuant to the provi termined that: dlers each of whom have been issued sions of the Agricultural Marketing (1) The refusal or failure of handlers allotment pursuant to this section. The Agreement Act of 1937, as amended (7 (excluding cooperative associations spec committee shall, with approval of the U.S.C. 601 et seq.), and the applicable ified in section 8c (9) of the Act) of more Secretary, adopt rules and regulations to rules of practice and procedure governing than 50 percent of the milk, which is effectuate the provisions of this section. the formulation of marketing agreements marketed within the marketing area, to 13. The provisions of § 907.66 Prorate and marketing orders (7 CFR Part 900), sign a proposed marketing agreement, districts are revised to read as follows: a public hearing was held upon certain tends to prevent the effectuation of the § 907.66 Prorate districts. proposed amendments to the tentative declared policy of the Act; marketing agreement and to the order (2) The issuance of this order, amend For purpose of administration of this regulating the handling of milk in the ing the order, is the only practical means Part, and in recognition of the fact that Red River Valley marketing area. Upon pursuant to the declared policy of the there are general differences in maturity the basis of the evidence introduced at Act of advancing the interests of pro ana keeping quality of oranges between such hearing and the record thereof, it ducers as defined in the order as herein certain geographical sections of the pro is found that: amended ; and duction area, the production area shall (1) The said order as hereby amend (3) The issuance of the order amend follows^ three Prorate districts as ed, and all of the terms and conditions ing the order is approved or favored by thereof, will tend to effectuate the de at least two-thirds of the producers who nf ^ ^ rict 1 shall include that part clared policy of the Act; during the determined representative tne State of California which is south (2) The parity prices of milk, as de period were engaged in the production of a line drawn due east and west termined pursuant to section 2 of the milk for sale in the marketing area.
FEDERAL REGISTER, VOL. 33, NO. 204— FRIDAY, OCTOBER 18, 1968 15474 RULES AND REGULATIONS Texas and more than 40 miles from (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. Order relative to handling. It is there 601-674) fore ordered, that on and after the ef Wichita Falls, Tex., each handler may fective date hereof, the handling of milk deduct for each hundredweight of milk Effective date: Upon publication in the in the Red River Valley marketing area received during the month an amount for F ederal R egister. shall be in conformity to and in com plant location as set forth in § 1104.52(a). Signed at Washington, D.C., on Octo pliance with the terms and conditions For the purpose of computations pursu ant to §§ 1104.82 and 1104.83, the ber 15,1968. of the aforesaid order, as amended and O rville L. F reeman, as hereby amended, as follows: weighted average price shall be adjusted Secretary. at the rate set forth in § 1104.52(a) §§1104.17, 1104.18, 1104.65-1104.67, which is applicable at the location of the [F.R. Doc. 68-12708; Filed, Oct. 17, 1968; 1104.72 [Revoked!“ nonpool plant from which the milk was v 8:49 a.m.] 1. Sections 1104.17, 1104.18, the cen received. terheading “Determination of Base” 8. In § 1104.80(a), subparagraph (2) is [Milk Order 108] preceding 1104.65, 1104.65, 1104.66, 1104.- revised to read as follows: PART 1108— MILK IN CENTRAL 67, and 1104.72' are revoked. § 1104.80 -Tim e and method of payment 2. In § 1104.27(k) subparagraph (3) for producer milk. ARKANSAS MARKETING AREA is revised to read as follows: (a) * * * Order Suspending Certain Provision § 1104.27 Duties. (2) On or before the 15th day of the Pursuant to the provisions of the Agri ***** following month, an amount equal to not cultural Marketing Agreement Act of (k) * * * less than the applicable uniform price 1937, as amended (7 U.S.C. 601 et seq.), (3) On or before the 12th day of each adjusted by the butterfat and location and of the order regulating the handling month, the uniform price computed pur differentials to producers multiplied by of milk in the Central Arkansas market suant to § 1104.71, and the butterfat dif the hundredweight of milk received ing area (7 CFR Part 1108), it is hereby ferential computed pursuant to § 1104.- from such producer during the month, found and determined that: 73, both for the preceding month. subject to the following adjustments: (a) The following provision of the (i) Less payments made to such producer * * * * * pursuant to subparagraph (1) of this order does not tend to effectuate the de 3. In § 1104.30, paragraph (a) is re clared policy of the Act for the months paragraph, (ii) less marketing service of October, November, and December vised to read as follows : deductions made pursuant to § 1104.85, 1968: § 1104.30 Reports o f receipts and utili (iii) plus or minus adjustments for er rors made in previous payments made to In § 1108.6 the provision: “any day zation. during the months Of February through ***** such producer, and (iv) less proper de ductions authorized in writing by such August, or on n ot. more than 10 days (a) The quantities of skim milk and during any other month.” butterfat contained in milk received producer: Provided, That if by such date such handler has not received full pay (b) Thirty days notice of the effective from producers; ment pursuant to § 1104.83, he may re date hereof are impractical, unnecessary, ***** duce pro rata his payments to producers and contrary to the public interest in 4. In § 1104.31, paragraph (a) is re by not more than the amount of such that.: vised to read as follows: underpayment. Payments to producers (1) This suspension order does not § 1104.31 Reports o f payments to pro shall be completed thereafter not later require of persons affected substantial or ducers. than the date for making payments pur extensive preparation prior to the effec ***** suant to this paragraph next following tive date. after the receipt of the balance due from (2) ' This suspension order is necessary (a) The total pounds of milk received tiie market administrator. to reflect current marketing conditions from each producer and cooperative as and to maintain orderly marketing con sociation, the total pounds of butterfat * * * * * contained in such milk and the number 9. In § 1104.80(b) (1), subdivision (ii) ditions in the marketing area. of days’ production represented by the is revised to read as follows: (3) This suspension action is requested milk received from such producer (s) ; by Milk Producers, Inc., a cooperative as § 1104.80 Time and method of payment sociation of producers representing * * * * * for producer milk. nearly all producers on the market. * * * * * 5. Section 1104.60 is revised to read as (41 Due to shortages of Grade A milk follows: (b) * * * in the surrounding area, milk of produc § 1104.60 Producer-handlers. ( 1 ) * * * ers is diverted to unregulated fluid milk Sections 1104.40 to 1104.46, 1104.50 to (ii) Submit to the cooperative asso plants on days when not needed in this 1104.54, 1104.70 to 1104.74, and 1104.80 ciation on or before the 10th day of each market. Economical handling of the milk to 1104.86, shall not apply to a producer- month written information which shows supply requires diversion of milk of in dividual farmers for more than the 10- handler. for each member-producer (a) the total pounds of milk received during the pre day diversion limit. Unless the limit is 6. In § 1104.71, paragraph (f) is re ceding month, (b) the total pounds of suspended for the October-December vised to read as follows: butterfat contained in such milk, (c) the 1968 period, uneconomical movements of § 1104.71 Computation of uniform number of days of production included milk would be required to maintain pro prices* in such receipts, and (d) the amounts ducer status for dairy farmers regularly * * * * * withheld by the handler in payment for serving this market. (5) Interested parties were afforded (f) Subtract not less than four cents supplies sold; and opportunity to file written data, views, or nor more than five cents per hundred * * * * * arguments concerning this suspension weight. The results shall be the “uniform 10. In § 1104.82(b) subparagraph (1) (33 F.R. 14886). Petitioner submitted price” or “weighted average price” for is revised to read as follows: data, views, and arguments supporting milk received from producers. the suspension. None were filed in oppo § 1104.82 Payments to the producer- sition to the proposed suspension. 7. Section 1104.74 is revised to read as settlement fund. Therefore, good cause exists for mak follows : V / * * * * * ing this order effective October 1, 1968. § 1104.74 Location differentials to pro (b) * * * It is therefore ordered, That the afore ducers and on nonpool milk. (1) The value of such handler’s pro said provision of the order is hereby sus In making payments to producers pur ducer milk at the applicable uniform pended for the months of October, No suant to § 1104.80 for milk received at a price.specified in § 1104.80; and vember, and December 1968. pool plant located outside the State of *****
FEDERAL REGISTER, V O L 33, NO. 204— FRIDAY, OCTOBER 18, 1968 RULES AND REGULATIONS 15475 (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. Signed at Washington, D.C., on Octo 601-674) This amendment shall become effective ber 14,1968. 60 days after publication hereof in the Effective date: October 1,1968. E. A. J aen k e , F ederal R egister. Signed at Washington, D.C., on Octo Acting Executive Vice President, Section 310.2 is amended to read: Commodity Credit Corporation. ber 15,1968. § 310.2 Identification of carcass with T ed J. D avis, [F.R. Doc. 68-12688; Filed, Oct. 17, 1968; 8:47 a.m.] certain severed parts thereof and with Assistant Secretary. animal from which derived. [F.R. Doc. 68-12709; Filed, Oct. 17, 1968; 8:49 a.m.] The head, tail, tongue, thymus gland, and all viscera of each slaughtered Title 9— ANIMALS AND animal, and all other parts and blood of Chapter XIV— Commodity Credit Cor such animal to be used in the prepara poration, Department of Agriculture ANIMAL PRODUCTS tion of meat food products or medical Chapter III— Consumer and Marketing products, shall be handled in such a SUBCHAPTER B— LOANS, PURCHASES, AND manner as to identify them with the rest OTHER OPERATIONS Service (Meat Inspection), Depart ment of Agriculture of the carcass and as being derived from [Amdt. 5] the particular animal involved, until the PART 1425— COOPERATIVE MARKET SUBCHAPTER A— MEAT INSPECTION post mortem examination of the carcass REGULATIONS and parts thereof has been completed. ING ASSOCIATIONS Such handling shall include the reten PART 310— POST-MORTEM tion of ear tags, back tags, implants, and Subpart— Eligibility Requirements for INSPECTION Price Support other identifying devices affixed to the Organs and Parts and Identifying animal, in such a way as to relate them M ember A ssociations to the carcass until the post mortem Devices To Be Held Pending Final examination has been completed. The regulations issued by the Com Inspection of Carcasses modity Credit Corporation, published in (Sec. 21, 34 Stat. 1260, as amended, 81 Stat. 33F.R. 4914, 5865, 7071, 10639, and 12673 On May 28, 1968, there was published 584, 21 U.S.C. 621; 29 F.R. 16210, as amended; and containing eligibility requirements in the F ederal R egister (33 F.R. 7761) a 32 F.R. 11741) for cooperative marketing associations to notice of a proposed amendment to This amendment differs slightly from obtain price support are hereby amended § 310.2 of the Meat Inspection Regula that proposed in the notice of rule mak as follows: tions (9 CFR 310.2). After due considera ing. The differences are due to changes Section 1425.15(a) is amended to ap tion of all relevant matters presented in made pursuant £o comments received ply only to member associations which connection with such notice and under from interested persons. It does not ap deliver commodities to the association on the authority of the Federal Meat In pear that publication of further notice which the association obtains price sup spection Act (34 Stat. 1260, as amended and other public rule making procedure port from CCC or deliver commodities by 81 Stat. 584, 21 U.S.C. 601 et seq.), with respect to the amendment would which are included in the same pool with § 310.2 of the regulations is amended to make additional information available commodities on which the association ob read as set forth below. to this Department. Therefore, under the tains price support. Section 1425.15(a) Statement of considerations. This administrative procedure provisions in as amended reads as follows; amendment provides for maintaining the 5 U.S.C. 553, it is found upon good cause identity of an animal until post mortem § 1425.15 Member associations. inspection has been completed. Inspec that such further procedure is (a) If an association obtains price suptors will have access to all available in unnecessary. port from CCC on any quantity of a com formation regarding an animal that Done at Washington, D.C., this 14th modity delivered by an association mem would assist in determining the whole day of October 1968. ber or if the association obtains price someness of the carcass, thus strength support from CCC on any quantity of ening consumer protection. H . M . S t e in m e t z, the commodity included in the same pool When indicated by post mortem find Acting Deputy Administrator, with the production delivered by such ings, these identifying features can be Consumer Protection, Con association member, the associàtion and reviewed to develop information con sumer and Marketing Serv .such association member must meet the cerning the animal which would aid in ice. making a disposition or deciding if fur requirements of subparagraphs (1), (2), [F.R. Doc. 68-12682; Filed, Oct. 17, 1968; and (3) of this paragraph. ther testing is desirable. 8:47 a.m.] (1) The commodity delivered by the association member must have been pro duced by its members; and the associa tion member must have authority to de Title 13— BUSINESS CREDIT AND ASSISTANCE liver such commodity to the association for marketing. Also, each such associa Chapter I— Small business Administration tion member must have authority to sell [Amdt. 1 1 ] the commodity produced and delivered to such association member by its mem PART 101— ADMINISTRATION bers, obtain a loan on the security there List of Public-Use SBA Forms of, and give a lien thereon. (2) In its charter, bylaws, marketing r e S 7 i o i S r e i f t 2 ' r e ta d % ? fo n o lfederaI is hereb* “ — M agreement, or by other legal means, the association must require each such asso- § 101.4 List o f public-use SBA forms. ciation member to meet the requirements of this subpart. Number Date Reference 1 Title Code > .. ^ l^le association must determine ch such association member is eli- Jv...... sit 7-67 ND 135-5A------Purchase Order p giDie for price support under this sub 4—Part I ------idw m ...... * Order(Cont'inuation Sheet).'IIII ...... £ part and must so certify to CCC. ts r f^ iS r T ...... al™ «Sll...... Application for Loan—Statement of Personal'History...... P 4 schedule A...... 8-66 ND 610-1...... Summary of Collateral Offered by Applicant as Security' P 4A (wm. vtt. kia_i for Loan and SBA Appraiser’s Valuation Report. 4S ...... ‘ - ...... Instruction Sheet (Form 4, Part 1 and Schedule A).... p t a ' S ™ CP° n Publication in the ...... ND 510-1------Essfe^ al ^formation Required for Loans to Producers P of Minerals, Metals, Fuel Except Oil, and Gas (Mining See footnotes at end of table. ns^'
No. 204— Pt. I____2 FEDERAL REGISTER, VOL. 33, NO. 204— FRIDAY, OCTOBER 18, 1968 RULES AND REGULATIONS 1 5 476
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Inserting new paragraph (1- 1) im may include the maximum finance charge mediately following § 121.3-2(1) to read permissible under § 201.4, will be covered Title 30— MINERAL RESOURCES as follows: by insurance if the new obligations meet Chapter I— Bureau of Mines, Depart the requirements of all applicable regu § 121.3-2 Definition o f terms used in lations in this part and the special provi ment of the Interior this part. sions of this section. SUBCHAPTER A— HELIUM AND COAL ***** (b) Maximum maturity. (1) A Class (1-1) “Forest products industry” as 1(a) loan or a Class 2(a) loan may be re PART 2— p u r c h a s e o f h e l iu m by used in § 121.3-9 (b) means logging, financed for an additional period not in FEDERAL AGENCIES AND THEIR wood preserving, and the manufacture of excess of 7 years and 32 days from the CONTRACTORS lumber and wood related products such date of the refinancing, provided that On pages 5219-5220 of the F ederal as veneer, plywood, hardboard, particle the term of the new note does not extend R egister of March 30* 1968, there was board, or wood pulp, and of products of beyond 12 years from the date of the published a notice and text of a pro which lumber or wood related products original note. posed new Part 2 of Subchapter A, are the principal raw material. (2) A Class 1(b) loan may be refi Chapter I of Title 30, Code of Federal ***** nanced for an additional period not in excess of 7 years and 32 days from the Regulations. 2. Revising § 121.3-9 (b) (2) (ii) to read By this and subsequent notices in the date of refinancing, but not to exceed F ederal R egister interested persons were as follows: 12 years from the date of the original given until July 1,1968, to submit written § 121.3—9 Definition o f small business note. comments, suggestions, or objections for sales o f Government property. (3) A Class 2(b) loan may be refi with respect to the proposed new part. * * * * * nanced for an additional period not in Comments, suggestions, and objections excess of 7 years and 32 days from the (b) Sales of Government-owned tim were received from interested persons, ber. * * * date of the refinancing, but not to exceed including private helium distributors (2) * * * 12 years from the date of the original and producers, and have been thoroughly note, except that if a Class 2(b) loan is considered and evaluated. (ii) It agrees that it will not sell to secured by a first mortgage, first deed a concern which is not a small business In consideration of the comments re of trust, or other security instrument, ceived and in order to clarify the text within the meaning of this paragraph constituting a first lien upon the im more than thirty percent (30%) of such of the regulations, the following signifi proved property, the new note may have cant changes have been made: timber or, in the case of timber from a final maturity not in excess of 15 years certain geographical areas set forth in In § 2.3(b) the volume of helium that and 32 days from the date of the refi constitutes a “major requirement of Schedule E of this part, more than the nancing, but not to exceed 25 years from percentage established therein for such helium” has been increased from 1,000 to the date of the original note. 5.000 standard cubic feet of gaseous area. * * * *»— * ***** helium a month, and provisions have Section 201.10 is amended to read as been added relating to “requirements of 3. Adding Schedule E to Part 121 to follows: helium” to enable the Federal agencies read as follows: and their contractors to determine more § 201.10 Report o f loans. Schedule E—G o v e r n m e n t- ow ned T imber clearly the applicability of the regula R esale Standards for Specific G eographi Loans shall be reported on the pre tions to their particular circumstances. cal A reas scribed form to the Federal Housing Ad The text has also been changed to state Area from which timber is cut: Alaska. ministration at Washington, D.C., within more clearly that the term “major re Percentage of timber purchased that may be 31 days from the date of the note or date quirements of helium” includes the first sold to other than small business: 50 percent. upon which it was purchased. Any loan 5.000 standard cubic feet a month of any Dated: October 11,1968. refinanced as provided in § 201.9 shall such requirement as well as quantities likewise be reported on the prescribed in excess of that amount, and to make H oward J. S am u els, ; form within 31 days from the date of clear that this includes liquid helium Administrator. refinancing. Any loan transferred as pro requirements expressed as- gaseous [F.R. Doc. 68-12663; Filed, Oct. 17, 1968; vided in § 201.12(e) shall be reported on helium equivalents. 8:45 am .] the prescribed form within 31 days from In § 2.3(b) provisions have been added the date of such transfer. If the loan or to emphasize that Federal contractors note is not in default, the Commissioner using helium for both Federal and other may, in his discretion, accept a late than Federal purposes shall be required Title 24— HOUSING AND report. to purchase Bureau of Mines helium only Section 201.15 is amended to read as for Federal purposes. Provisions have HOUSING CREDIT follows: been included to permit such Federal contractors to estimate the quantities Chapter II— Federal Housing Adminis § 201.15 Amendments. of helium used for Federal purposes when tration, Department of Housing and The regulations in this part may be such quantities may not otherwise be readily determined, and to eliminate Urban Development amended by the Commissioner at any time, but such amendment shall not ad from consideration any items manu- SUBCHAPTER B— PROPERTY IMPROVEMENT versely affect the insurance privileges of , factured prior to the receipt of a pro LOANS an insured with respect to any loan pre curement order therefor. PART 201— CLASS 1 AND CLASS 2 viously made or in the process of being In § 2.4 a new paragraph (b) has been added to require private helium dis PROPERTY IMPROVEMENT LOANS made. Unless otherwise provided, an amendment shall be applicable to any tributors to initiate their eligibility un Miscellaneous Amendments loan or the refinancing of any loan, when der the regulations by written request the loan or note is made pursuant to an to the Bureau of Mines. This will enable In § 201.9 paragraphs (a) and (b) (1), application dated on or after the effective the Bureau to compile and maintain a (2), and (3) are amended to read as date of such amendment. list of eligible distributors to be made available to Federal agencies, their con follows: (Sec. 2, 48 Stat. 1246, as amended; 12 U.S.C. § 201.9 Refinancing. 1703) tractors, and the public generally. In § 2.4 provision has been made in (a) General requirements. New obli Issued at Washington, D.C., Octo paragraph (d) for the establishment o gations to liquidate loans previously re ber 14, 1968. a beginning inventory of Bureau oi ported for insurance pursuant to title I P h il ip N. B r o w n s t e in , Mines helium at the shipping points o of the Act which may or may not include Federal Housing Commissioner. the eligible private helium distributors an additional amount advanced, to the [P.R. Doc. 68-<-12660; Filed, Oct. 17, 1968; as of the effective date of the regula tions, which will avoid any discontinui y extent permitted by § 201.3, and which 8:45 a.m.] FEDERAL REGISTER, VOL. 33, NO. 204— FRIDAY, OCTOBER 18, 1968 RULES AND REGULATIONS 15479 of sales from such shipping points to of the Helium Act Amendments of 1960 helium required in the performance of a Federal agencies and their contractors. (50 U.S.C. 167-167n). contract or work for a Federal agency In § 2.4 the form prescribed in para (b) “Helium” means the element he may be estimated. The estimated amount graph (g) to be used in reporting and lium regardless of its physical state. shall be the same percentage of the con receipts and distribution of Bureau of (c) “Bureau of Mines helium” means tractor’s total helium requirements as Mines helium from the shipping points of helium sold by the Bureau of Mines pur the contractor’s work using helium for the eligible private helium distributors suant to Part 1 of this chapter. Federal purposes is of all of the contrac has been changed to (1) make all of the (d) “Federal agency” means any de tor’s work using helium. Helium used by reporting on the basis of gaseous helium partment, independent establishment, a contractor in the manufacture of items rather than gaseous and liquid helium commission, administration, board, or prior to the receipt of a contract or pur separately, (2) eliminate the require bureau of the United States and any chase order either from a Federal agency ment for the reporting of sales to other wholly owned Government corporation. or contractor for the purchase of such than Federal customers, and (3) pro (e) “Contractor” means any individ items shall not be considered to be vide for the carryover of unsold Bureau ual, corporation, partnership, firm, asso helium required in the performance of a of Mines helium from one reporting pe ciation, trust, estate, public or private contract or work for a Federal agency. riod to another. institution, or State or political subdivi In § 2.4 provision is made in paragraph sion thereof that requires helium in the § 2.4 Private helium distributors— eligi (h) for an initial report to establish a performance of a contract or work for a bility. beginning inventory of Bureau of Mines Federal agency under either a prime con (a) To be eligible to supply major re helium at the various shipping points tract, subcontract, or cooperative agree quirements of helium of a Federal agency and for subsequent reports thereafter at ment. and its contractors, a private helium dis 6-month intervals. .-(f) “Standard cubic foot” means that tributor must comply with the provisions A recommendation was made by sev volume of helium at a pressure of 14.7 of this section. eral private helium distributors that the pounds per square inch absolute and a (b) Each private helium distributor reporting required by the regulations be temperature of 70° Fahrenheit. desiring to establish and maintain its on a companywide basis rather than by (g) “Private helium distributor” eligibility in accordance with the regu shipping points. This recommendation means any individual, corporation, part lations in this part shall so advise the was not adopted because it would permit nership, firm, association, or other pri Bureau of Mines in writing at the fol private distributors to sell helium to vate agency or organization that sells lowing address: Bureau of Mines Heli Federal agencies and their contractors helium. um Activity, Department of the Interior, from shipping points that receive no Bu Post Office Box 10085, Amarillo, Tex. reau of Mines helium. § 2.3 Purchases by a Federal agency and its contractors. 79106. The Bureau of Mines will main New Part 2 is set forth below and shall tain at this address a current list of eli become effective at the beginning of the (a) A Federal agency and its contrac gible private helium distributors and will 45th calendar day following the date of tors shall purchase all major require supply copies of this list to the Federal publication in the F ederal R egister. ments of helium either (1) directly from agencies, their contractors, and any the Bureau of Mines in accordance with other interested persons upon request. D avid S. B lack , 'Part 1 of this chapter, or (2) from pri Under Secretary of the Interior. (c) Private helium distributors shall vate helium distributors which establish sell and deliver only Bureau of Mines October 15,1968. and maintain their eligibility in accord helium to supply major requirements of Sec. I H ance with the regulations in this part. helium of Federal agencies and their 2.1 Purpose. (b) “Major requirements of helium” contractors. Private helium distributors 2.2 Definitions. means all of a Federal agency’s require are not required to provide physical 2.3 Purchases by a Federal agency and its ments of helium in quantities of five facilities to keep Bureau of Mines helium contractors.. thousand (5,000) standard cubic feet, or separate and apart from any other heli 2.4 Private helium distributors— eligibility. more, of gaseous helium a month, includ um in their distribution systems; and it 2.5 Sales to private helium distributors. ing the first five thousand (5,000) stand is recognized that Bureau of Mines heli 2.6 Navajo Helium Plant production. ard cubic feet of such requirements, um will lose its identity when com Auth ority: The provisions of this Part 2 whether such requirements are purchased mingled with other helium. In the event issued under section 9 of the Helium Act and used directly by the Federal agency of any such commingling, so much of the (50 U.S.C., sec. 167g (1964) ). or by contractors in the performance of commingled helium may be considered § 2.1 Purpose. - contracts or work for the Federal agency. to be Bureau of Mines helium as is For the purposes of the regulations in equal to the volume of Bureau of Mines (a) Subsection (a) of section 6 of the this part, a “requirement of helium” helium contained in such commingled Helium Act (50 U.S.C. 167d(a)) pro means the helium in whatever quantity, vides: helium. Each private helium distributor including the gaseous helium equivalent shall conduct its helium buying and sell The Department of Defense, the Atomic of any liquid helium, that is required ing operations in such a manner as to Energy Commission, and other agencies of' either by a Federal agency or by a con assure that at all times after the effec the Federal Government, to the extent that tractor to accomplish a significant ob tive date of the regulations in this part it supplies are readily available, shall purchase jective, whether or not all of said helium all major requirements of helium from the shall have received at each of its ship Secretary. 'is purchased and used at a single loca ping points supplying major require tion; specifically, for contractors, the ments of helium to Federal agencies (b) The purpose of this Part 2 is to helium required by each contractor or and their contractors a volume of Bu implement this provision of the Act, and subcontractor in the performance of a reau of Mines helium that is no less than the regulations in this part shall govern contract or work for a Federal agency the volume of such helium sold to Fed the purchase of the Federal agencies’ shall comprise a separate “requirement eral agencies and their contractors from major requirements of helium, whether of helium.” each such shipping point. such major requirements are purchased (c) “Helium required in the perform (d) In order to establish beginning and used directly by the Federal agencies ance of a contract or work for a Federal inventories of Bureau of Mines helium °r by their contractors. To the same agency” means only the helium that is at such shipping points on the effective *hd, the regulations prescribe certain actually so used and does not mean or date of the regulations in this part and requirements that must be met by private include helium that a contractor may thus avoid any discontinuity of sales neiium distributors in order to estab use in the performance of a contract or therefrom to the Federal agencies and lish and retain eligibility to supply such work for other than a Federal agency. In major requirements of helium. their contractors, any Bureau of Mines the event that a contractor uses helium helium received at those shipping points § 2.2 Definitions. in the performance of contracts and and not sold to Federal agencies and As used in this part— work for both Federal and non-Federal their contractors within the 30-day purposes and the quantity of helium period immediately preceding the effec helium Act” means the Act of used for Federal purposes may not oth arch 3, 1925, as amended by section 2 tive date of the regulations in this part erwise be readily determined, then the shall be considered for the purpose of FEDERAL REGISTER, VOL. 33, NO. 204— FRIDAY, OCTOBER 18, 1968 15480 RULES AND REGULATIONS Report of Bureau of Mines Helium Receipts the regulations in this part to be Bipeau rillo, Tex. 79106. Copies of the form, in and Distribution for the period commencing of Mines helium received and available blank, may be obtained from the above ______and e n d in g ------for sale to the Federal agencies and their address. Com pany------.------Shipping Point Designation and Address------contractors after the effective date of To: Bureau of Mines Helium Activity, De the regulations in this part: Provided, partment of the Interior, Post Office Box however, That at no time, either at the 10085, Amarillo, Tex. 79106. effective date of the regulations in this Bureau of Mines part or thereafter, shall the inventory of Helium (Mscf)1 Bureau of Mines helium at any shipping Opening inventory (carryover closing balance from previous period or total point be considered to be more than the helium inventory this shipping point, whichever is smaller) *------• — >------total volume of helium in inventory at Receipts: By purchase from Bureau.of Mines------that shipping point. By purchase from another distributor *------— (e) Sales of Bureau of Mines helium By transfer from another shipping point of this distributor *_ ------— by one private helium distributor to Total receipts------' another such distributor, and transfer of Total available for distribution this period-.------Bureau of Mines helium by a private Distribution: helium distributor from one of its ship By sale to Federal agencies and their contractors------— ------■ ping points to another of its shipping By sale to another distributor------—------points shall be accompanied by a cer By transfer to another shipping point of this distributor------*=------tificate in the following form which shall Total distribution------— ------p then become a part of the recipient’s Closing balance2------helium accounting records: 1 Express liquid helium is gaseous helium equivalent. Certificate of R isal e or T ransfer of Bureau 1 liter is equivalent to 26.63 standard cubic feet of gaseous helium. of M in es He l iu m 1 gallon is equivalent to 100.82 standard cubic feet of gaseous helium. 2 Because sales of Bureau of Mines helium to civilian consumers are not required to be I certify that on this ------day of reported on this form, it is possible for the closing balance of Bureau of Mines helium to 19__, ______standard cubic exceed the total helium inventory at a shipping point at the end of a reporting period. feet of Bureau of Mines helium (convert However it is not physically possible for the opening inventory of Bureau of Mines helium liquid helium to its gaseous helium equiva to exceed the total helium inventory at a shipping point at the beginning of a reporting lent) was □ sold, □ transferred, (indicate period. See 30 CFR 2.4(d). _ , _. one) from: * s purchases and transfers from sources other than the Bureau of Mines must be supported (Company) ------» (Shipping Point) ------to by copies of certificates from suppliers. See 30 CFR 2.4(e). (Company) ------* I certify that the foregoing report, is true, ods ending on the immediately pre (Shipping Point)------correct, and complete to the best of my ceding June 30 and December 31, N a m e ------— knowledge and belief. respectively. Title ______N a m e ______- C om pan y------T i t l e ------1— ------§ 2.5 Sales to private helium distributors. Address — _------— C om pan y------From the effective date of the regula (f) Each private helium distributor Address------tions in this part, all contracts for the shall keep such helium accounting rec D a t e ------sale of helium by the Bureau of Mines ords as are necessary to assure compli to private helium distributors shall re ance with the regulations in this part. (h) Each private helium distributorquire that such distributors comply with Such records, together with pertinent shall use the form specified in para the provisions of § 2.4 and shall provide supporting documents, shall be retained graph (g) of this section to report for that the Bureau may withhold deliveries for a period of at least 1 year following each of its shipping points supplying under a contract or terminate a contract the dates of their applicability, and they major requirements of helium to a Fed with a private helium distributor which shall be made available to any duly au eral agency or contractor, as follows: has refused or failed to comply with the thorized representative of the Bureau of - (1) Within 30 days after the effective provisions of § 2.4. Mines for examination during normal date of the regulations in this part, the § 2.6 Navajo Helium Plant production. business hours at the place where the receipts and distribution of Bureau of records are kept. The Director, Bureau of Mines helium within the 30-day period Notwithstanding any other provisions Mines, may require, a private helium dis preceding the effective date of the regu of the regulations in this part, an amount tributor to revise or to augment its he lations in this part. This initial report of helium not to exceed 500,000 stand lium accounting records following such shall establish a beginning inventory as ard cubic feet produced in any calendar an examination to provide whatever ad of the effective date of the regulations month by the Navajo Tribe or by a pri ditional information that the Director in this part, and the opening inventory vate company under contract with the determines to be necessary to assure fu for this initial report shall be zero; Navajo Tribe at the Navajo Helium Plant ture compliance with the regulations in (2) On or before the 30th day of Janu at Shiprock, N. Mex., shall, for the pur this part. ary 1969, the receipts and distribution pose of the regulations in this part, be of Bureau of Mines helium between the deemed to be Bureau of Mines helium: (g) The following form shall be used Provided, That, with respect to sale or by private helium dsitributors to report effective date of the regulations in this part and the close of business on Decem transfer of, and accounting for, helium, on the receipts and distribution of Bu ber 31,1968; and the Navajo Tribe and its contractor shall reau of Mines helium. The completed (3) On or before the 30th day of July comply with the provisions of the regu forms shall be submitted to the Bureau and January of each year thereafter, the lations in this part. of Mines Helium Activity, Department of receipts and distribution of Bureau of [F.R. Doc. 68-12693; Filed, Oct. 17, 1968; the Interior, Post Office Box 10085, Ama- Mines helium within the 6-month peri 8:48 a.m.J FEDERAL REGISTER, V O L 33, NO. 204— FRIDAY, OCTOBER 18, 1968 15481 tional acreage allotment less the reserve pro ing. quotas, were in. effect. under the program DEPARTMENT OF AGRICULTURE vided in subsection1 (e) of this section with established! by this section, is less than or a further downward or upward, adjustment exceeds the farm, marketing quota for such Agricultural Stabilization and to reflect any adjustment in the farm mar year: Provided, That the farm marketing Conservation Service keting quota for overmarketing or under- quota, for any marketing year shall not ba marketing and~ to reflect' any reduction re Increased for undermarketing by an amount [ 7 CFR Part 725 ] quired under subsection (f) of this section, in excess of the number of pounds deter FLUE-CURED TOBACCO and including any adjustment' for errors or mined by multiplying the; acreage allotment, inequities from the reserve.. for the farm for the immediately preceding Notice of Determinations To Be Made (5) The “community average yield” means year prior to- any increase or. decrease, tor. for Flue-cured tobacco the average yield per Regarding Marketing Quotas on undermarketing. or overmarketing by the. acre In the community designated by the farm yield. If, on. account of, excess market Acreage-Poundage Basis for 1969— Secretary as a local administrative' area' un ings in the preceding marketing, year tha 70. Marketing Year der the provisions of section 8 (b). of the Soil farm, marketing, quota for the. marketing Conservation and Domestic Allotment Act, year is reduced, to zero pounds without re Pursuant to the Agricultural Adjust as amended, which, is determined, by aver flecting the entire reduction required, the ment Act of 1938, as amended (7 U.S.C. aging the yields per acre for the 3 highest additional reduction required shall be made 1281 et seq., hereinafter referred to as years of the 5 years 1959: to 1963, inclusive, for the subsequent marketing year or year® the “Act”) , the Secretary under section except that if the yield for any of the. 3 highest years is less than 80 per centum of Seetion. 317 (d) of the Act requires the 31T is preparing to determine and an the average for the 3 years'then that year or Secretary to determine and announce nounce on an acreage-poundage basis, years shall be eliminated,, and the average the. national, marketing quota, national with respect to Flue-cured tobacco for of the remaining years shall be the com the 1969-70 marketing year, (a) the munity average yield. acreage allotment, and national average amount of the national marketing quota, (6 ) (A) “Preliminary farm yield” fbr. FLue- yield goal for the 1969-70 marketing year (b) the* national average yield goal, cured tobacco means a farm yield per acre for Flue-cured tobacco on or before De (c) the national acreage allotment, determined by averagihg the yield per acre for the- 3 highest years' off the1 5: consecutive cember 1, 1968. (d) the reserve acreage for making cor crop years beginning with the 1959? crop Section 317(e). provides; rections in farm acreage allotments, ad year except that if. that average exceeds 120 No farm acreage allotment: or farm yield, justing inequities, and for establishing per centum of the community average yield allotments for new farms, (e) the na the. preliminary farm yield shall be the sum shall be established for a. farm. on. which, no tional acreage factor, and (f) the na of 50 per centum of th e average off the. 3 tobacco was produced, or considered produced tional. yield factor. Flue-cured, tobacco highest years and 50 per centum of the na under applicable provisions off law fbr the tional average yield goal but not: less than. immediately preceding 5 years; For each mar farmers approved marketing, quotas on keting year fbr which acreage-poundage an acreage-poundage basis for Flue- 120 per centum off the community average yield, and if the average of the 3 highest quotas are in effect under this section the; cured tobacco for the 1968-69, 1969-70, years is less than 80 per centum of the Secretary in his discretion may establish as and 1970-71 marketing years on July 18,. community average yield the preliminary' reserve from the; national, acreage allotment; 1967? (32 F.R„ 11413), farm yield shall be 80 per centum of the in an, amount equivalent to not more than Section 317(a) of the Act contains,, community average yield. In counties, where; 1 per centum of the national acreage allot for the purposes of section 317, the fol less than 500 acres of Flue-cured tobacco ment to be available for. making, corrections lowing definitions;. were allotted fbr 1964, the county may be. of errors in farm acreage allotments, adjust considered as one community. I f Flue-cured ing- inequities, and' for establishing acreage (1) “National marketing quota” for any tobacco was not produced'on the farm fbr at allotments for new farms, which are farms kind of tobacco for a marketing year means least 3 years of the 5-year period the aver* on which tobacco was not produced or con the amount of the kind of tobacco produced age of the yields for the years in which to sidered produced, during the immediately in the United States which the Secretary es bacco was produced shall, be. used Instead of. preceding 5. years. The part of the reserve timates will be utilized during the market the 3-year average. It no Flue-cured tobacco held for apportionment to new farms shall ing year hr the United States and will be ex was produced on the farm in the 5 -year pe be allotted, on the basis of land,, labor, and ported during1 the marketing year, adjusted riod but the farm is eligible for an allotment equipment available for the production of upward or downward in such amount as the because Flue-cured tobacco was considered to tobacco, crop rotation practices, soil, and Secretary, in his discretion, determines is have been produced under applicable provi other physical factors affecting the produc desirable for the purpose of maintaining an sions of law, a preliminary farm yield for the tion of tobacco and the past tobacco-produc adequate supply or for effecting an orderly farm shall be determined under regulations ing experience of the farm operator. The farm reduction of supplies to the reserve supply of the Secretary taking into account pre yield for any farm for which a new farm level. Any such downward adjustment shall' liminary farm yields of similar farms in the acreage allotment is established shall be de not exceed 15 per centum of such estimated community. termined on the basis of available produc utilization and exports. (7) “Farm yield” means the yield of to tivity- data, for the land involved and farm (2) "National average yield goal” for any bacco per acre for a farm determined by yields for similar farms, and shall not exceed kind of tobacco means the yield per acre multiplying the preliminary farm yield by the community average yield. which on a national average basis the Secret a national, yield, factor which shall be ob Section317(f) provides: ‘arT determines will improve or insure the tained by dlvidihg the national average yield usability of the tobacco and increase the net goal by a weighted national average yield Only the provisions of the last two sen return per pound to the growers. In making computed by multiplying the preliminary tences of subsection (g) of section 313 of nis determination the Secretary shall' give farm yield for each farm by the acreage this Act shall apply with respect to acreage- consideration to such Federal-State prodUc- allotment determined pursuant to para poundage programs established* under this <®Te®earch data as he deems relevant. graph. (4); for the farm prior to adjustments section. The acreage reductions required (3) “National acreage allotment” means for overmarketing, undermarketing, or re under the last two sentences shall be in ad r ® afreage determined by dividing the na- ductions required under subsection (f) and dition to any other adjustments made pur , marketing quota by the national, aver suant to this section, and when acreage re se yield goal. dividing the sum of tha products by the national acreage allotment. ductions are made the farm marketing quota ."Farm acreage allotment” for a to- (8 ) “Farm marketing quota” for any farm shaiL be reduced to reflect such reductions. , 5m’ otiier than a new tobacco farm, for any marketing-year shall be the number The provisions of the next to the last sen e acrea&e allotment determined by of pounds of tobacco obtained by multiply tence of such subsection pertaining to the estih« v® uniformly the acreage allotment ing the farm yield by the acreage allotment filing of any false report with respect to the a w l **6'1 for such farm for the immedi- prior to any adjustment fOr undermarketing acreage of tobacco grown on the farm shall year> Prior to any increase or or overmarketing, increased fbr undermar also be applicable to the filing of any false marirftf in such all°tm ent due to under- keting or decreased for overmarketing by report with respect to the production or mar auy ° r overmai*etings and prior to the number of pounds by which marketings ketings off tobacco grown on a farm for the w f * 11 under subsection (f) , so that of tobacco from the farm during the imme which an acreage allotment and a farm yield total of all allotments is equal to the na diately preceding marketing year, if market are* established? as provided in this section. FEDERAL REGISTER, VOL. 33, NO. 204— FRIDAY, OCTOBER 18, 1968 15482 PROPOSED RULE MAKING In establishing acreage allotments and farm places and in a manner convenient to the are proposed by the Administrator, yields for other farms owned by the owner public business (7 CFR 1.27(b)). All sub Social and Rehabilitation Service, with displaced by acquisition of his land by any missions must, in order to be considered, the approval of the Secretary of Health, agency, as provided in section 378 of this Act, be postmarked not later than 30 days Education, and Welfare. The proposed increases or decreases in such acreage allot regulations relate to the program of ments and farm yields as provided in this from the date of publication of this no section shall be made on account of mar tice in the F ederal R egister. grants for expansion and development ketings below or in excess of the farm mar of undergraduate and graduate pro Signed at Washington, D.C., on Oc grams in social work authorized by sec keting quota for the farm acquired by the tober 14,1968. agency, Acreage allotments and farm mar tion 707 of the Social Security Act, 42 keting quotas determined under this sec E. A. Ja e n k e , U.S.C. 908. tion may (except in case of Burley tobacco, Acting Administrator, Agricul Prior to the adoption of the proposed or other kinds of tobacco not subject to tural Stabilization and Con regulations, consideration will be given section 316) be leased under the terms and servation Service. to any comments, suggestions, or objec conditions contained in section 316 of this Act, except that (1) the adjustment pro [F.R. Doc. 68-12706; Filed, Oct. 17, 1968; tions thereto which are submitted in vided for in the last sentence of subsection 8:49 a.m.] writing to the Administrator, Social and (c) of said section shall be based on farm Rehabilitation Service, Department of Health, Education, and Welfare, 330 In yields rather than normal yields, and (2 ) Consumer and Marketing Service any credit for undermarketing or charge for dependence Avenue SW., Washington, overmarketing shall be attributed to the [ 7 CFR Part 53 1 D.C. 20201, within a period of 30 days farm to which transferred. * * * from the date of publication of this no The Act (7 U.S.C. 1301(b) ) defines the LAMB, YEARLING MUTTON, AND tice in the F ederal R egister. “reserve supply level” of Flue-cured to MUTTON CARCASSES; SLAUGHTER The proposed regulations are to be is bacco as the normal supply plus 5 per LAMBS, YEARLINGS, AND SHEEP sued under the authority contained in centum thereof. “Normal supply” is de section 1102, 49 Stat. 647, 42 U.S.C. 1302; fined as a normal year’s domestic con Standards for Grades; Extension of section 707, 81 Stat. 930, 42 U.S.C. 908. Time for Filing Comments sumption and exports, plus 175 per Dated: October 3, 1968. centum of a normal year’s domestic con On August 16, 1968, a notice was pub [ seal] M a r y E. S w it z e r , sumption and 65 per centum of a nor lished in the F ederal R egister (33 F.R. mal year’s exports. A “normal year’s Administrator, Social and 11663) proposing to amend (1) the stand Rehabilitation Service. domestic consumption” is defined as the ards for grades of lamb, yearling mut yearly average quantity produced in the ton, and mutton carcasses (7 CFR 53.- Approved: October 11, 1968. United States and consumed in the 114-53.118), and (2) the standards for United States during the 10 marketing W ilbur J. C o h e n , grades of slaughter lambs, yearlings, and Secretary. years immediately preceding the market sheep (7 CFR 53.130-53.134), pursuant ing year in which such consumption is to authority conferred by the Agricul Chapter n of Title 45 of the Code of determined, adjusted for current trends tural Marketing Act of 1946, as amended Federal Regulations is amended by add in such consumption. A “normal year’s (7 U.S.C. 1622, 1624). A 60-day period ing a new Part 280. exports” is defined as the yearly average was provided within which interested This part is added to provide regula quantity produced in the United States persons could submit written comments tions for the program of grants for ex which was exported from the United concerning the proposal by filing them pansion and development of undergrad States during the 10 marketing years with the Hearing Clerk. It is now deemed uate and graduate programs in social immediately preceding the marketing advisable to extend the time for filing work authorized by section 707 of the So year in which such exports are deter such comments until December 10, 1968. cial Security Act, 42 U.S.C. 908 (as mined, adjusted for current trends in Therefore, any person who desires to amended by section 401 of the Social 'such exports. submit written data, views, or arguments Security Amendments of 1967 (Public The subjects and issues involved in the concerning the proposal may do so by Law 90-248)). proposed determinations with respect to filing them in duplicate with the Hearing Federal financial assistance extended Flue-cured tobacco for the 1969-70 mar Clerk, U.S. Department of Agriculture, under this part is subject to the Regu keting year are: Washington, D.C. 20250 by December 10, lations in 45 CFR Part 80, issued by the 1. The amount of the national market 1968. Secretary of Health, Education, and Wel ing quota on an acreage-poundage basis. All written submissions made pursuant fare, and approved by the President, to 2. The amount of the national average to this notice will be made available for effectuate the provisions of section 601 yield goal. public inspection at times and places and of the Civil Rights Act of 1964 (42 U.S.C. 3. The amount of the national acreage in a manner convenient to the public 2000d ). allotment. business (7 CFR 1.27(b)). PART 280— GRANTS FOR EXPAN 4. The amount of acreage to be re Done at Washington, D.C., this 15th SION AND DEVELOPMENT OF served from the national acreage allot day of October 1968. ment for making corrections in farm UNDERGRADUATE AND GRADUATE G . R. G range, PROGRAMS IN SOCIAL WORK acreage allotments, adjusting inequities, Deputy Administrator, and for establishing acreage allotments Marketing Services. § 280.1 Purpose. for new farms. [F.R. Doc. 66-12710; Filed, Oct. 17, 1968; The Administrator, Social and Reha 5. The national acreage factor. 8:49 a.m.] bilitation Service, is authorized to make 6. The national yield factor. grants to meet part of the costs of de The community average yields, as com velopment, expansion, or improvement of puted in 1965 (30 F.R. 6207, 9875, 14487), undergraduate programs in social work will be used for the 1969-70 marketing DEPARTMENT OF HEALTH, EDU and programs for the graduate training year. of professional social work personnel. Consideration will be given to data, CATION, AND WELFARE § 280.2 Definitions. views and recommendations pertaining to the proposed determinations, rules, Social and Rehabilitation Service As used in this part: , and regulations covered by this notice [ 45 CFR Part 280 1 (a) “Service” means the Social ana which are submitted in writing to the Rehabilitation Service in the U.S. De Director, Policy and Program Appraisal UNDERGRADUATE AND GRADUATE partment of Health, Education, ana Division, Agricultural Stabilization and PROGRAMS IN SOCIAL WORK W e lf a r e (b) “Administrator” means the Ad Conservation Service, U.S. Department of Grants for Expansion and Agriculture, Washington, D.C. 20250. ministrator, Social and Rehabilitatio Development All written submissions made pursu Service. ant to this notice will be made available Notice is hereby given that the regula (c) “School of social work” means a for public inspection at such times and tions set forth in tentative form below department, school, division, or other aa- FEDERAL REGISTER, V O L 33, NO. 204— FRIDAY, OCTOBER 18, 1968 PROPOSED RULE MAKING 15483 ministrative unit, in a public or nonprofit Applications will be considered by an § 280.10 Termination. private college or university, which pro Advisory Committee which will make vides, primarily or exclusively, a program , recommendations to the. Administrator. If for any reason the grantee discon of education in social work and allied The Administrator then determines the tinues an approved project, the grantee subjects leading to a graduate degree action to be taken with respect to each shall notify the Administrator in writ in social work, and which is accredited application, and informs the applicant ing, giving the reasons for termination, or has been granted candidacy for ac accordingly. an accounting of funds granted for the creditation by the Council on Social project, and other pertinent informa Work Education.. § 280.6 Grant awards. tion The. grant may be terminated, in (d) “Nonprofit” as applied to any col Alt grant awards shall be in writing, whole or in part,, at any time at the dis lege or university refers to a college or shall set forth the amount of funds cretion of the Administrator. The university which is a corporation or as granted, and shall constitute for such grantee will be given prompt notice of sociation, or is owned and operated by amounts the encumbrance of Federal, the termination, including the reasons one or more corporations or associations, funds available for such purpose on the therefor. Such termination shall not no part of the net earnings of which in date of the award. The initial award shall affect obligations incurred prior to the ures, or may lawfully inure, to the bene specify the project period for which sup termination of the grant. Upon termina fit of any private shareholder or individ port is contemplated if the activity is tion of a project, the proportion of un ual. successfully carried out and Federal expended funds attributable to the Fed funds are available. For continuation eral grant shall be refunded. § 280.3 Eligibility for grants. support, grantees must, make separate Grants may be made to: application in the form and detail re § 280.11 Publications and copyright. (a) Public or nonprofit private col quired by the Service. Grantees may publish results of any leges and universities; for expansion, § 280.7 Criteria in judging applications. activity assisted by the grant without development,, and improvement of bac prior review by the Service. Any such Applications will be considered from a publication must acknowledge the as calaureate undergraduate programs in* nationwide perspective of the; relative social work; sistance received under the grant, and need in the regions and States for per copies must be furnished to the Service. (b) Schools of social work, for expan sonnel trained in social work, and with sion, development, and improvement of Where a project results in a book or regard to the potential of the educational other copyrightable material, the author programs for the graduate training of institutions, to contribute increased professional social work personnel; is free to copyright the work, but the numbers of qualified individuals, to the Service reserves a royalty free, nonexclu (c) Public or nonprofit private colleges manpower needs in these areas, by use and universities which have schools of sive, and irrevocable license to repro of these funds. Among relevant factors duce, publish, or otherwise use, and to social work, for the expansion, develop to be considered special emphasis, will be ment, and improvement of combined authorize others to use, all copyrightable placed on innovation in curriculum ob or copyrighted material resulting from graduate-undergraduate programs in so jectives, content and methods. cial work; the grant-supported activity. §¿280.8 Revisions. (d) Associations of schools of social § 280.12 Records and reports., work and regional education associa A. grantee shall request, that the proj tions, for the purposes described in para ect be revised whenever the approved (a) The grantee shall establish and fol graphs (a)., (b) , and (c) of this section. plan of operation or method o f financing low such accounting, budgetary;, and § 280.4 Matching requirements.. is materially changed. Revisions origi other fiscal procedures as are necessary nating with the grantee shall be sub for the proper and efficient administra Federal funds will be granted on the mitted in writing and will be given ap tion of the project, and shall maintain basis of project applications, and may propriate review. Project revisions may fiscal records. Such records shall show pay only part of the cost of the supported be initiated by the Administrator if, on for each grant period the amount and activity. The applicant must identify by the basis of reports, it, appears that Fed disposition by the grantee of project dollar amount its contribution to the eral funds are not being used effectively, funds, the total cost for the grant pe project. or if changes are made in Federal, appro riod, and such other records as^will fa § 280.5 Applications. priations, laws, regulations, or policies cilitate and effective audit. governing these grants. (b) The grantee shall account for all Any applicant for a grant under this, § 280.9’ Use o f f unds. expenditures of project funds by present part may file application therefor with ing or otherwise making available vouch Office of Research, Demonstrations and Project funds are available for the ers or other evidence, satisfactory to the Training, Division of Grants Manage costs of operating projects as approved Service, of such expenditures. ment, Social and Rehabilitation Service, by the Administrator. Funds may be (c) The grantee, shall provide a prog Department, o f Health, Education, and used for: ress report with each submission of an Welfare, Washington, D.C. 20201, on (a) Salaries, cost of travel and re application for continuation support. A such forms and containing such infor lated expenses of project personnel; final project report shall be submitted not mation as the Service may prescribe. (b) Necessary supplies, equipment, later than 3 months after the termina The project application shall cover;, and" related' expenses; tion of a project. (a) The purpose of the project; (c) Administrative costs directly re (d) The grantee shall maintain such (b) A description of the nature and lated to the project, and indirect costs other records and make such other re scope of the; activities to be undertaken at a rate prescribed by the Department ports, in such form and containing such and methods to- be used in accomplish of Health, Education, and Welfare. Ex information, as the Service may require. es the purpose; penditures under the project shall be in (c) A proposed budget: connection with the conduct of the proj Effective date. The regulations in this (d) Designation of an individual as ect as approved; part shall be effective on the date of their Project director; and (d) Minor improvements to existing publication in the F ederal R egister. (e) Such other information as the facilities of undergraduate or graduate oervice may require. [F.R. Doc. 68-12699; Filed, Ofct. 17, 1968; programs in social work. 8:48 a.m.] FEDERAL REGISTER, VOL. 33, NO. 204— FRIDAY, OCTOBER 18, 1968 No. 204— Pt. I----- 3 15484 Notices of section 710(b) (6) of the Defense Pro-? HENRY K. HOLLAND DEPARTMENT OF THE INTERIOR duction Act of 1950, as amended, and Executive Order 10647 of November 28, Report of Appointment and State Bureau of Land Management 1955, the following changes have taken ment of Financial Interests LANDS AND RESOURCES place in my financial interests during O ctober 14,1968. Redelegation of Authority; the past 6 months r Pursuant to section 302(a) of Execu tive Order 10647, the following informa Correction (1) No change. (2) Deletion— Chenango & TJnadilla Tele tion on a WOC appointee in the Depart In FJR. Doc. 68-12240, published Octo phone Corp. Addition— Continental Tele ment of the Interior is furnished for ber 9, 1968 (33 F.R. 15078), paragraph 4 phone Corp. publication in the F ederal R egister: is corrected to read: (3) No change. Name of appointee: Henry K. Holland. 4. A new paragraph (1) is added to (4) No change. Name of employing agency: Office of Oil section 3.2. This statement is made as of October 7, and Gas, U.S. Department of the Interior. The title of the appointee’s position: Re S ec. 3.2 General and miscellaneous 1968. gional Administrator, Emergency Petroleum matters. * * * Dated: October 7,1968. and Gas Administration, Region 6 . (1) Acquisition of easements and The name of the appointee’s private em rights-of-way. H ow ard A . B e c k . ployer or employers: Mobil Oil Corp. J o h n O . C r o w , [F.R. Doc. 68-12672; Filed, Oct. 17, 1968; The statement of “financial interests” Associate Director. 8:46 a.m.] for the above appointee is set forth be low. O ctober 14,1968. S tew art L. U dall, [F.R. Doc. 68—12661; Filed, Oct. 17, 1968; JAMES S. BROADDUS Secretary of the Interior. 8:45 am .]. Statement of Changes in Financial S eptember 13,1968. Interests Fish and Wildlife Service A ppo in tee’s S tatem ent of F inancial In accordance with the requirements I nterests [Docket No. Sub—G—17] of section 710(b) (6) of the Defense Pro In accordance with the requirements APARICIO BROS. duction Act of 1950, as amended, and of section 302(b) of Executive Order Executive Order 10647 of November 28, 10647,1 am filing the following statement Notice of Hearing 1955, the following changes have taken for publication in the F ederal R egister. Aparicio Bros., 3714 Lincoln, Corpus place in my financial interests during (1) Names of any corporations of Christ!, Tex. 78415, has applied for a fish the past 6 months: which I am, or had been within 60 days ing vessel construction differential sub preceding my appointment, on Septem sidy to aid in the construction of a 78- (1) None. ber 16, 1968, as Regional Administrator, foot length overall steel vessel to engage (2) None. Region 6, EPGA, an officer or director: (3) None. in the fishery for shrimp. (4) None. None. (I am a Regional Vice President- Notice is hereby given pursuant to the North American Division— for Mobil Oil provisions of the United States Fishing This statement is made as of Septem Corp.; however, this position is not con Fleet Improvement Act (Public Law 88- ber 30,1968. sidered to be an officer or director of Mobil.) 498) and notice and hearing on subsi Dated: September 30,1968. (2) Names of any corporations in dies (50 CFR Part 257) that a hearing in Jam es S. B roaddus. which I own, or did own within 60 days the above-entitled proceedings will be preceding my appointment, any stocks, held on December 2,1968, at 10 a.m. e.s.t., [F.R. Doc. 68-12673; Filed, Oct. 17, 1968; in Room 3356, Interior Building, 18th and 8:46 a.m.] bonds, or other financial interests: C Streets NW., Washington, D.C. Any Mobil Oil Corp. person desiring to intervene must file a (3) Names of any partnerships in petition of intervention with the Direc JOHN W. HIERONYMUS which I am associated, or had been asso tor, Bureau of Commercial Fisheries, as Statement of Changes in Financial ciated within 60 days preceding my prescribed in 50 CFR Part 257, at least Interests 10 days prior to the date set for the hear appointment:. In accordance with the requirements ing. If such petition of intervention is None. granted, the place of the hearing may be of section 710(b) (6) of the Defense Pro (4) Names of any other businesses changed to a field location. Telegraphic duction Act of 1950, as amended, and which I own, or owned within 60 days notice will be given to the parties in the Executive Order 10647 of November 28, event of such a change, along with the 1955, the following changes have taken preceding my appointment: new location. None. J. L . M cH u gh , place in my financial interests during H e n r y K. H olland, Jr., Acting Director, the past 6 months: Bureau of Commercial Fisheries. (1) No change. O ctober 1, 1968. [F.R. Doc. 68-12662; Filed, Oct. 17, 1968; (2) No change. [F.R. Doc. 68-12671; Filed, Oct. 17, 1968; 8:45 a.m.] (3) No change. 8:46 a.m.] (4) No change. This statement is made as of Septem Office of the Secretary GEORGE F. HRUBESKY ber 27,1968. Statement of Changes in Financial HOWARD A. BECK Dated: September 27,1968. Interests Statement of Changes in Financial J o h n W . H ie r o n y m u s . In accordance with the requirements Interests [F.r . Doc. 68-12674; Filed, Oct. 17, 1968; of section 710(b) (6) of the Defense Pro- In accordance with the requirements 8:46 a.m.] FEDERAL REGISTER, VOL. 33, NO. 204— FRIDAY, OCTOBER 18, 1968 NOTICES 15485. duction Act of 1950, as amended, and my financial interests during the past 6 the Deputy Administrator, Administra Executive Order 10647 of November 28, months: 1955, the following changes have taken tive Management. (1) No change. 4. Establishment of Southeastern Uti place in my financial interests during (2) No change. the past 6 months: lization Research and Development Di (3) No change. vision reporting directly to the Deputy (1) Vice President— Power Generation and (4) No change. Administrator, Nutrition, Consumer and Engineering: (2) No change. This statement is made as of Septem Industrial Use Research. (3) None. ber 30,1968* I. Responsibilities and Authorities of (4) None. the Administrator. A. The Administrator ' Dated: September 30,1968. is responsible for the programs and ac This statement is made as of Septem E. F. Timme. tivities of ARS. The Administrator re ber 30,1968. [F B . Doc. 68-12678; Filed, Oct. 17, 1968; ports to the Director of Science and D ated: September 30, 1968. 8:46 a m .]; Education. B. Subject to the Reservations in the G eorge P. H r u b e s k y . Secretary and the Judicial Officer, the [F.H. Doc. 68-12675; Filed, Oct. 17, 1968; EDWARD W. WELCH Administrator is authorized to execute 8:46 a.m.] any document, authorize any expendi Statement of Changes in Financial ture, and promulgate any rule, regula Interests HARRY J. PECKHEISER tion, order or instruction required by law In accordance with the requirements or deemed by him to be necessary and Statement of Changes in Financial of section 710(b) (6) of the Defense Pro proper to the discharge of the functions, Interests duction Act of 1950, as amended, and assigned to the Agricultural Research Service and to delegate and provide for In accordance with the requirements Executive; Order 10647 of November 28, 1955, the following changes have taken the redelegation of his authority to ap of section 710(b) (6) of the Defense Pro propriate officers and employees consist duction Act of 1950,; as amended, and place in my financial interests during the past 6 monthsr ent with and with due regard to his Executive Order 18647 of November 28, personal, responsibilities for the proper 1955, the following changes have taken (1) Have purchased about $3,000 in. sav discharge of functions assigned to the place in my financial interests during the ings certificate, in last 6 months, Other Service. Delegations and provision for past 6 months: wise, my financial situation is status quo, as of last report, no reduction. redeiegation as appropriate to ARS are (1) None. (2) None. stated in section II below. (2 ) None: (3) None. IT. Delegation of authority, in ARS. A. (3) None. (4) None. To Associate. Administrator: The Asso (4) None. This statement is made as of October ciate Administrator is authorized to act This statement is made as of October 1st, 1968. for the Administrator in performing alL 15,1968. fimction& for which the Administrator is Dated: October 1, 1968. responsible. Dated: October 9,1968. E . W . W elc h . B. To Deputy Administrators and Di H . J . PECKHEISER. vision Directors: The Deputy Adminis [F.R. Doc. 68-12679; Filed, Oct. 17, 1968; [FJR. Doc. 68-12676; Filed, Oct. 17, 1968; 8:47 a.m.] trators and Division Directors, and those 8:46 a.m.] officers they designate—with prior spe cific approval of the Administrator—to. act for them, are delegated the authori KENNETH I. SEWELL ties not specifically reserved in section. DEPARTMENT OF AGRICULTURE Ill below which are necessary to the dis Statement of Changes in Financial Agricultural Research Service charge of responsibilities assigned to Interests them. This delegation does not preclude ORGANIZATION, AUTHORITIES, AND In accordance with the requirements the Administrator from exercising any of section 710(b) (6) of the Defense Pro RESPONSIBILITIES of the powers or functions, or from per duction Act of 1950, as amended, and This notice outlines the basic authori forming any of the duties listed herein, Executive Order 10647 of November 28, ties of the Agricultural Research Serv and such authority is subject at all times’ 1955, the following changes have taken ice as set forth in the Secretary’s state to withdrawal or amendment. place in my financial interests during ment of November 27, 1964 (29 F.R. HL Reservations. The following au the past 6 months: thorities and responsibilities are reserved 16210), as amended at 30 F.R. 286, 30 to the Administrator. F.R. 5801, 31 F.R. 4975, and 32 F.R. 7875, (1) No change. A. The initiation, change, or discon (2) No change. and assignments of overall responsibili (3.) No change. ties within the Agricultural Research tinuance of major areas of research or (4) No change. regulatory and control activities con Service (ARS). This statement consoli ducted by ARS. dates and supersedes the ARS Statement of Organization, Authorities and Re B. The issuance of regulations pur ber27SiS96tement iS m ade &S ° f Septem " suant to law, except as provided in sec sponsibilities published at 30 F.R. 5799, tion V, paragraph D. Dated; September 27, 1968. as amended at 31 F.R. 101, 1208, and 3350, and 31 F.R. 4974. In addition, the C. The transfer of functions, funds, K . I. S e w e l l . property, or personnel between divisions following changes are made: of ARS. (P.R. Doc. 68-12677; Filed, Oct. 17, 1968; 1*. International Programs Division 8:46 a.m.] takes the place of Foreign Research and vj. any cnange m tne Technical Programs Division reporting formal organization of ARS including a section, its equivalent, or higher level. E. F. TIMME directly to the Administrator. 2. Establishment of Program Planning . E. The making of recommendations to Statement of Changes in Financial and Evaluation Staff reporting directly to the Department concerning establish Interests the Administrator and termination of the ment, consolidation, change in location Product and Process Evaluation Staff in or abolishment of (1) Field Administra secMnnC with ^ requirements < the Office of the Deputy Administrator, tive Divisions, Regional, State, and other Oon Act7 (6) o£ the Defense Produ< Nutrition, Consumer and Industrial Use field headquarters offices, and (2) any n Act of 1950, as amended, and Execi Research. region or other program administrative area that includes two or more States or 10647 °f November 28, 195 3. Establishment of Data Systems Ap o lowing changes have taken place i that cuts across a State line (other than plication Division reporting directly to temporary administrative areas). FEDERAL REGISTER, VOL. 33, NO. 204— FRIDAY, OCTOBER 18, 1968 15486 NOTICES F. Authority to establish, consolidate, Entomology Research Division. has responsibility throughout ARS for or change a location, or abolish any field Soil and Water Conservation Research Divi administrative management, including office or change program area boundaries sion. policy formulation, program develop Biometrical Services Staff. ment and effectiveness of operation. The not included in E above. Radiological Safety Staff. G. Approval of all appointments and Divisions and Staff listed below report to promotions to GS—14 and above, and all B. Deputy Administrator, Nutrition, the Deputy Administrator, and assist him reassignments in GS-14 and above in Consumer and Industrial Use Research: in formulating, directing, coordinating volving a basic change in the nature of The Divisions listed below report to the and integrating the overall administra the assignment. Deputy Administrator, Nutrition, Con tive management activities to meet re H. Authorization for foreign travel, sumer and Industrial Use Research. quirements of ARS programs. and recommendation to the Department Working together under the leadership Administrative Services Division. for approval of attendance at interna of the Deputy Administrator, Directors Budget Division. tional and foreign meetings. of these Divisions, either directly or in Finance Division. I. Approval of budget estimates. cooperation with Federal, State, public, Personnel Division. J. Approval of work projects and and private agencies as appropriate, Operations Analysis and Systems Develop recommendation of financial projects to plan, organize, coordinate, and direct a ment Staff. national program of research and devel Data Systems Application Division. the Department. Field Administrative Divisions (3). IV. Responsibilities of divisions and opment to provide new, wider, and more ^ Division of Operations, Agricultural Research staff offices reporting directly to the effective uses for agricultural products Center. Administrator. A. International Pro and by-products. The Administrative Services Division grams Division: Responsible for making Consumer and Food Economics Research grants and executing contracts for the Division. is responsible for the acquisition and Department of Agriculture carried out Eastern Utilization Research and Develop disposition of certain lands under title by foreign governments and scientific ment Division. III of the Bankhead-Jones Farm Tenant organizations under Public Law 83-480 Human Nutrition Research Division. Act and related provisions of title IV Northern Utilization Research and Develop thereof (7 U.S.C. 1011-1012) . The Direc (7 U.S.C. 1704 (a) and (k) ) and related ment Division. legislation, and for overall activities lo tor of the Administrative Services Divi Southeastern Utilization Research and De sion is authorized to make grants undèr cated outside the United States. velopment Division. the provisions of 42 U.S.C. 1891-1893 and B. Information Division: Responsible Southern Utilization Research and Develop 7 U.S.C. 450i, and to execute domestic for the overall information program for ment Division. research and regulatory and control ac Western Utilization Research and Develop research contracts under the provisions of the Research and Marketing Act of tivities in ARS. ment Division. C. Program Planning and Evaluation 1946 (7 U.S.C. 427i and 1624). . The C. Deputy Administrator, Marketing Deputy Administrator, Administrative Staff: Responsible for advising and Research : The Divisions listed below assisting the Administrator in planning, Management, is also specifically respon report to the Deputy Administrator, sible for: programing, and evaluating ARS ac Marketing Research. Working together tivities through analysis of present and 1. Administrative functions (on behalf under the leadership of the Deputy Ad of the Secretary of Agriculture) relating proposed multidivision programs and ministrator, Directors of these Divisions, developing the component of the Depart to the acquisition and administration of either directly or in cooperation with patent rights. ment’s Multiyear Program and Financial Federal, State, public, and private agen Plan. cies as appropriate, plan, organize, co 2. The execution of cooperative agree D. Emergency Programs Staff: Re ordinate, and direct a national program ments and Master Memoranda of Under sponsible for developing and administer of research related to the measurement, standing; all agreements between ARS ing civil defense emergency programs improvement and protection of the qual and another agency of the Department concerning the protection of the Nation’s ity of agricultural commodities as they or with another agency of the Federal crop and livestock industries. . move through the marketing system and Government; and all agreements which E. Legislation and Special Assignments to increased efficiency and the reduction would require signature by more than Staff: Responsible for advising and as of marketing costs. one Deputy Administrator; sisting the Administrator on matters 3. Approval of attendance at national Market Quality Research Division. relating to the ARS legislative programs, Transportation and Facilities Research meetings. committee management, and secretarial Division. Done at Washington, D.C., this 15th and congressional correspondence. day of October 1968. V. Responsibilities of Deputy Adminis D. Deputy Administrator, Regulatory trators. Deputy Administrators are re and Control : The Deputy Administrator, R. J. A nderson, sponsible (1) for assisting and acting for Regulatory and Control, is authorized to Acting Administrator, and as the Administrator in the overall issue regulations (including quarantines) Agricultural Research Service. planning and administration of pro pursuant to law relating to matters with {F.R. Doc. 68-12705; Filed, Oct. 17, 1968; grams and activities of ARS, <2) for ap in his area and may, in such regulations 8:49 a.m.] proval of line projects within their redelégate authority to the Directors of respective areas, and (3) for directing the Divisions under his jurisdiction to is and coordinating the overall program sue administrative instructions and issu Commodity Credit Corporation within their respective areas as indicated ances specified by him. The Divisions in A through E below. listed below report to the Deputy Ad LIVESTOCK FEED PROGRAM A. Deputy Administrator, Farm Re ministrator, Regulatory and Control. Notice of Designation of Emergency Working together under the leadership search: TTie Divisions and staff offices Area listed below report to the Deputy Admin of the Deputy Administrator, Directors istrator, Farm Research. Working to of these Divisions, either directly or in Notice is hereby given that, pursuant gether under the leadership of the cooperation with Federal, State, public, to the provisions of section 407 of the Deputy Administrator, Directors of these and private agencies as appropriate, Agricultural Act of 1949, as amended (7 Divisions, either directly or in coopera plan, organize, coordinate, and direct a U.S.C. 1472, 63 Stat. 1055), and the Act tion with Federal, State, public, and pri national regulatory and control program. of September 21, 1959, as amended (sec vate agehcies as appropriate, plan, orga Animal Health Division. tions 1-4, 73 Sta,t. 574), the Secretary of nize, coordinate, and direct a national Pesticides Regulation Division. Agriculture has designated the county program of farm research; Plant Pest Control Division. specified in this notice as an emergency Plant Quarantine Division. area for purposes of the Livestock Feed Agricultural Engineering Research. Division. Veterinary Biologies Division. Program (7 CFR Part 1475, as amended). Animal Disease and Parasite Research Divi sion. E. Deputy Administrator, Administra Feed grains will be made available for Animal Husbandry Research Division. tive Management: The Deputy Admin sale to livestock owners in this county m Crops Research Division. istrator, Administrative Management, accordance with the terms and condi- FEDERAL REGISTER, VOL. 33, NO. 204— FRIDAY, OCTOBER 18, 1968 NOTICES 15487 tions in the regulations for such pro Act of 1961 (7 U.S.C. 1961), it has been By order of the Maritime Subsidy gram. The designated county is as determined that in the hereinafter- Board. follows: Harney County, Oreg. named counties in the State of North Dated: October 15, 1968. Signed at Washington, D.C., on Carolina, natural disasters have caused October 11, 1968. a need for agricultural credit not readily Jam es S. D a w s o n , Jr., available from commercial banks, coop Secretary. R a y F itzgerald, erative lending agencies, or other re Vice President of the sponsible sources. [F.R. Doc. 68-12704; Filed, Oct. 17, 1968; Commodity Credit Corporation. 8:49 a.m.] North Carolina [F.R. Doc. 68-12680; Filed, Oct. 17, 1968; Caswell. Moore. 8:47 a.m.] Jones. Stokes. Madison. Vance. DEPARTMENT OF HOUSING AND Madison. Washington. [Arndt. 4] Montgomery. Wilson. URBAN DEVELOPMENT PRICE SUPPORT PROGRAMS; 1964 Pursuant to the authority set forth AND SUBSEQUENT CROPS above, emergency loans will not be made ACTING ASSISTANT REGIONAL AD in the above-named counties after June MINISTRATOR FOR RENEWAL AS Announcement of Interest Rate 30, 1969, except to applicants who pre SISTANCE, REGION I (NEW YORK) The announcement issued by Com viously received emergency or special modity Credit Corporation, published livestock loan assistance and who can Designation in 29 F.R. 4109 as amended at 29 F.R. qualify under established policies and The officers appointed to the following 11133, 30 F.R. 7198 and 32 F.R. 17899, procedures. listed positions in Region I (New York) of the rate of interest applicable to price Done at Washington, D.C., this 14th are hereby designated to serve as Acting support programs on 1964 and subse day of October 1968. Assistant Regional Administrator for Re quent crops or production, is hereby fur newal Assistance, Region I, during the ther amended with respect to the interest" O rville L. F reeman, absence of the Assistant Regional Ad rate applicable to a loan secured by col Secretary. ministrator for Renewal Assistance, with lateral with respect to which CCC deter [F.R. Doc. 68-12683; Filed, Oct. 17, 1968; all the powers, functions, and duties re- mines that there has been an innocent 8:47 a.m.] delegated or assigned to the Assistant unlawful disposition. Regional Administrator for Renewal Section (3) is amended to read as Assistance, provided that no officer is follows: authorized to serve as Acting Assistant (3) Notwithstanding the foregoing if DEPARTMENT OF COMMERCE Regional Administrator for Renewal As there has been fraudulent representa Maritime Administration sistance unless all other officers whose tion in the loan documents, in obtaining titles precede his in this designation are the loan, or in connection with settle UNITED STATES LINES, INC. unable to act by reason of absence: ment or delivery under the loan, .or there Notice of Application for Approval 1. Deputy Assistant Regional Adminis has been an unlawful disposition of any trator for Renewal Assistance. part of the commodity under loan, the of Cruises 2. Assistant to Assistant Regional Adminis loan indebtedness and related charges Notice is hereby given that United trator for Renewal Assistance. shall bear interest at the per annum rate States Lines, Inc., has applied for ap 3. Director, Field Service Division. of 6 percent from the date of disburse 4. Chief, Fiscal Management Branch. ment thereof: Provided, That, notwith proval pursuant to section 613 of the Merchant Marine Act, 1936, as amended, The designation effective February 13, standing the provisions of the loan doc of the following cruises by the “SS United 1967 (32 F.R. 3476, Mar. 2, 1967), is uments, if CCC determines that the un States” in 1969: hereby revoked. lawful disposition was an innocent, non- willful conversion, the loan indebtedness (Delegation effective May 4, 1962, 27 F.R. Departs Returns 4319; Dept. Interim Order II, 31 F.R. 815, and related charges shall bear interest New New Itinerary Jan. 21, 1966) at the regular price support rate speci York York fied in paragraphs (1) and (2), as appli Effective as of the 1st day of September cable, of this announcement. Jan. 23 Mar. 3 Curacao, Rio de Janeiro, Cape 1968. Town, Port Elizabeth, Luanda, Judah G ribetz,. (Sec. 4, 62 Stat. 1070, as amended, 15 U.S.C. Dakar, Tenerife, Gibraltar, Regional Administrator, Region I. 714b; 63 Stat. 1051, as amended, 7 U.S.C. Lisbon, Funchal. 1421 et seq.) 1 Mar. 5 Mar. 12 Martinique, St. Thomas. Mar. 28 Apr. 13 Gibraltar, Cannes, Palma, [F.R. Doc. 68-12669; Filed, Oct. 17, 1968; 8:46 a.m.] Effective on date of publication in the Medeira, Bermuda. Federal R egister. 1 Modification of a cruise published in the Federal Signed at Washington, D.C., on Octo R egister of Feb. 21,1968 (33 F .R . 3239), and approved ber 14,1968. by the Maritime Subsidy Board on Apr. 9, 1968. ATOMIC ENERGY COMMISSION E . A . Jaenke, Any person, firm or corporation having [Docket No. 50-312] Acting Executive Vice President, •any interest, within the meaning of Commodity Credit Corporation. Public Law 87-45, in the foregoing who SACRAMENTO MUNICIPAL UTILITY [F.R. Doc. 68-12707; Filed, Oct. 17, 1968; desires to offer data, views, and argu DISTRICT 8:49 a.m.] ments should submit the same in writing, in triplicate, to the Secretary, Maritime Notice of Issuance of Provisional Subsidy Board, Washington, D.C. 20235, Construction Permit Office of the Secretary by the close of business on October 30, Notice is hereby given that, pursuant NORTH CAROLINA 1968. In the event an opportunity to to the initial decision of the Atomic present oral argument is also desired, Safety and Licensing Board, dated Designation of Area for Emergency specific reason for such request should October 10, 1968, the Director of the Loans also be included. The Maritime Subsidy Division of Reactor Licensing has issued Board will consider these comments and For the purpose of making emergency Provisional Construction Permit No. views and take such action with respect CPPR^56 to Sacramento Municipal Util f ursuant to section 321 of the Con- thereto as in its discretion it deems oiidated Farmers Home Administration ity District for the construction of a pres warranted. surized water nuclear reactor, designated FEDERAL REGISTER, VOL. 33, NO. 204— FRIDAY, OCTOBER 18, 1968 15488 NOTICES as the Rancho Seco Nuclear Generating therefor, and the services connected mail by aircraft between Eureka and Station Unit No. 1 to be located on the therewith, shall be 67 cents per great cir San Francisco, Calif. : licensee’s site in Southeast Sacramento cle aircraft mile between Santa Maria No protest or objection was filed County, Calif. and Los Angeles, Calif. against the proposed services during the A copy of the initial decision is on file Accordingly, pursuant to the Federal time for filing such objections. The Post in the Commission’s Public Document Aviation Act of 1958, and particularly master General states that the Depart Room, 1717 H Street NW., Washington, sections 204(a) and 406 thereof, and reg ment and the carrier agree that the D.C. ulations promulgated in 14 CFR Part 302, above rate is a fair and reasonable rate 14 CFR Part 298, and 14 CFR 385.14(f): of compensation for the proposed serv Dated at Bethesda, Md., this 11th day It is ordered, That: ices. Tile Postmaster General believes of October 1968. 1. Cable Flying Service, Inc., the Post these services will meet postal needs in For the Atomic Energy Commission. master General, Air West, Inc., and all the market. He states the air taxi plans other interested persons are directed to to initiate mail service with de Havilland P eter A. M orris, Dove or Cessna Model DH 104 or U-402 Director, show cause why the Board should not adopt the foregoing proposed findings twin-engine aircraft equipped for all Division of Reactor Licensing. and conclusions and fix, determine, and weather operation. [FJt. Doc. 68-12670; Filed, Oct. 17. 1968; publish the final rate specified above for It is in the public interest to fix, de 8:46 a.m.] the transportation of mail by aircraft, termine, and establish the fair and rea the facilities used and useful therefor, sonable rate of compensation to be paid and the services connected therewith as by the Postmaster General for the pro specified above as the fair and reason posed transportation of mail by aircraft, CIVIL AERONAUTICS BOARD able rate of compensation to be paid to the facilities used and useful therefor, and the services connected therewith, (Docket No. 20283; Order 68-10-64] Cable Flying Service, Inc.,* 2. Further procedures herein shall be between the aforesaid points. Upon con CABLE FLYING SERVICE, INC. in accordance with 14 CFR Part 302, and sideration of the notice of intent and notice of any objection to the rate or to other matters officially noticed, it is pro Order To Show Cause Regarding the other findings and conclusions pro posed to issue an order1 to include the Service Mail Rate posed herein, shall be filed within 10 following findings and conclusions: The fair and reasonable final service Issued under delegated authority, days, and if notice is filed, written an swer and supporting documents shall mail fate to be paid to Eureka Aero In October 14, 1968. dustries, in its entirety by the Post The Postmaster General filed a notice be filed within 30 days after service of this order; master General pursuant to section 406 of intent September 24, 1968, pursuant of the Act for the transportation of mail to 14 CFR Part 298, petitioning the 3; If notice of objection is not filed within 10 days after service of this order, by aircraft, the factilities used and useful Board to establish for the above-cap therefor, and the services connected tioned air taxi operator, a final service or if notice is filed and answer,is not filed within 30 days after service of this therewith, shall be 60 cents per great mail rate of 67 cents per great circle circle aircraft mile between Eureka and aircraft mile for the transportation of order, all persons shall be deemed to have waived the right to a hearing and all San Francisco, Calif. mail by aircraft between Santa Maria Accordingly, pursuant to the Federal and Los Angeles, Calif. other procedural steps short of a final decision by the Board, and the Board may Aviation Act of 1958, and particularly No protest or objection was filed sections 204(a) and 406 thereof, and reg against the proposed services during the enter an order incorporating the find ings and conclusions proposed herein ulations promulgated in 14 CFR Part time for filing such objections. The Post 302,14 CFR Part 298, and 14 CFR 385.14 master General states that the Depart and fix and determine the final rate spec ified herein; (f>: ment and the carrier agree that the above It is ordered, That: rate is a fair and reasonable rate of com 4. If answer is filed presenting issues 1. Eureka Aero Industries, the Post pensation for the proposed services. The for hearing, the issues involved in deter master General, Air West, Inc., and all Postmaster General believes these serv mining the fair and reasonable final rate other interested persons are directed to ices will meet postal needs In the market. shall be limited to those specifically show cause why the Board should not He states the air taxi plans to initiate raised by the answer, except insofar as adopt the foregoing proposed findings mail service with twin-engine Beech- other issues are raised in accordance with and conclusions and fix, determine, and craft, Model D-18 aircraft equipped for Rule 307 of the rules of practice (14 CFR publish the final rate specified above for all-weather operation. 302.307); and the transportation of mail by aircraft, It is in the public interest to fix, deter 5. This order shall be served upon the fatalities used and useful therefor, mine, and establish the fair and reason Cable Flying Service, Inc., the Post and the services connected therewith as able rate of compensation to be paid by master General, and Air West, Inc. specified above as the fair and reason the Postmaster General for the proposed able rate of compensation to be paid to transportation of mail by aircraft, the This order will be published in the F ederal R egister. Eureka Aero Industries; facilities used and useful therefor, and 2. Further procedures herein shall be the services connected therewith, be [seal! H arold R. S anderson, in accordance with 14 CFR Part 302, and tween the aforesaid points. Upon con Secretary. notice of any objection to the rate or to sideration of the notice of intent and [FR . Doc. 68-12694; Filed. Oct. 17, 1968; the other findings' and conclusions pro other matters officially noticed, it is 8:48 a.m.] posed herein, shall be filed within 10 proposed to. issue an order1 to include days, and if notice is filed, written answer the following findings and conclusions: and supporting documents shall be filed The fair and reasonable final service (Docket No. 20273; Order 68-10-61 ] within 30 days after service of this mail rate to be paid to Cable Flying Serv EUREKA AERO INDUSTRIES order; ice, Inc., in its entirety by the Postmaster 3. If notice of objection is not filed General pursuant to section 406 of the Order To Show Cause Regarding within 10 days after service of this order, ' Act for the transportation of mail by Service Mail Rate or if notice Is filed and answer is not aircraft, the facilities used and useful Issued under delegated authority, October 14, 1968. 1 As this order to show cause is not a final 1 As m is order to show cause is not a final ction but merely affords interested persons The Postmaster General filed a notice n opportunity to be heard on the matters action but merely affords interested persons of intent September 24, 1968, pursuant herein proposed, it is not regarded as su bject an opportunity to be beard on the matters to 14 CFR Part 298, petitioning the o the review provisions of Part 385 ( 14 CFR herein proposed. It Is not regarded as subject Board to establish for the above cap 'art 385). These provisions for Board review to the review provisions of Part 385 (14 CFR dll he applicable to final action .taken by Part 385). These provisions for Board review tioned air taxi operator, a final service he staff under authority delegated m will be applicable to final action taken by the mail rate of 60 cents per great circle staff under authority delegated in § '385.14(g). aircraft mile for the transportation of 385.14(g). * - FEDERAL REGISTER, V O l. 33, NO. 204— TRIDAY, OCTOBER 18, 1968 NOTICES 15489 filed within 30 days after service of this The fair and reasonable final service By notices of intent filed on Novem order, all persons shall be deemed to have mail rate to be paid to Ross Aviation, Inc., ber 29 and 30, 1967, pursuant to 14 CFR waived the right to a hearing and all in its entirety by the Postmaster General Part 298, the Postmaster General peti other procedural steps short of a final pursuant to section 406 of the Act for the tioned the Board to establish for Sedalia, decision by the Board, and the Board transportation of mail by aircraft, the Marshall, Boonville Stage Line, Inc. may enter an order incorporating the facilities used and useful therefor, and (Sedalia), an air taxi operator, final findings and conclusions proposed herein the services connected therewith, shall service mail rates for the transportation and fix and determine the final rate spec be 60.87 cents per great circle aircraft ified herein; of mail by aircraft. These final rates mile between Reno, Nev., and San Fran were established by Order E-26205, dated 4. If answer is filed presenting issues cisco, Calif., via Sacramento, Calif. January 2,1968. for hearing, the issues involved in deter Accordingly, pursuant to the Federal On September 19, 1968, the Postmaster mining the fair and reasonable final rate Aviation Act of 1958, and particularly General filed petitions on behalf of shall be limited to those specifically sections 204(a) and 406 thereof, and Sedalia requesting the Board to fix new raised by the answer, except insofar as regulations promulgated in 14 CFR Part final service mail rates for this trans other issues are raised in accordance with 302, 14 CFR Part 298, and 14 CFR portation of mail. The current and pro Rule 307 of the rules of practice (14 CFR 385.14(f): posed rates per great circle aircraft mile 302.307); and It is ordered, That: are as follows: 5. This order shall be served upon 1. Ross Aviation, Inc., the Postmaster Eureka Aero Industries, the Postmaster General, Air West, Inc., United Air Lines, Rates in cents General, and Air West, Inc. Inc., Western Air Lines, Inc., and all Docket Between other interested persons are directed to Cur Pro This order will be published in the rent posed Federal R egister. show cause why the Board should not adopt the foregoing proposed findings 19311___ [seal] H arold R . S anderson, and conclusions and fix, determine, and . Sidney and Grand Island 35 39.83 Secretary. via North Platte, Nebr. publish the final rate specified above for 19317___ . Valentine and North 36.15 41. 87 [F.R. Doc. 68-12695; Filed, Oct. 17, 1968; Platte, Nebr. the transportation of mail by aircraft, 19318___ . O’Neill and Grand Island 36 40.58 8:48 a.m.] the facilities used and useful therefor, via Norfolk, Nebr. 19319____. McCook and North Platte, 49 60.80 and the services connected therewith as Nebr. [Docket No. 20278; Order 68-10-63] specified above as the fair and reasonable 19320____. Chadron and North Platte 35 39.74 rate of compensation to be paid to Ross via Alliance, Nebr. ROSS AVIATION, INC. Aviation, Inc.; 2. Further procedures herein shall be The Postmaster General states that Order To Show Cause Regarding in accordance with 14 CFR Part 302, and since the submission by Sedalia of the Service Mail Rate notice of' any objection to the rate or to proposals which resulted in establish Issued under delegated authority, the other findings and conclusions pro ment of the current rates the air taxi October 14, 1968. posed herein, shall be filed within 10 days, operator has experienced increased costs The Postmaster General filed a notice and if notice is filed, written answer and as a result of additional requirements of intent September 24, 1968, pursuant supporting documents shall be filed imposed by the Post Office Department to 14 CFR Part 298, petitioning the Board within 30 days after service of this order; and in some cases new or increased land to establish for the above captioned air 3. If notice of objection is not filed ing and ramp fees imposed by airport taxi operator, a final service mail rate within 10 days after service of this or operators. The Postmaster General fur of 60.87 cents per great circle aircraft der, or if notice is filed and answer is not ther states that these increases in costs mile for the transportation of mail by filed within 30 days after service of this were not known nor reasonably forsee- aircraft between Reno, Nev., and San order, all persons shall be deemed to able at the time the original petitions Francisco, Calif., via Sacramento, Calif. have waived the right to a hearing and all were filed. Because of these increased No protest or objection was filed other procedural steps short of a final costs, the Postmaster General petitions against the proposed services during the decision by the Board, and the Board may the new final service mail rates. The time for filing such objections. The Post enter an order incorporating the findings Postmaster General states that the pro master General states that the Depart and conclusions proposed herein and fix posed rates are acceptable to the Depart ment and the carrier agree that the and determine the final rate specified ment and the carrier and represent fair above rate is a fair and reasonable rate herein; and reasonable rates of compensation of compensation for the proposed serv 4. If answer is filed presenting issues for the performance of these services ices. The Postmaster General believes for hearing, the issues involved in deter under the present requirements of the these services will meet postal needs in mining the fair and reasonable final rate Department. the market. He states the air taxi plans shall be limited to those specifically The Board finds it is in the public in w initiate mail service with twin-engine raised by the answer, except insofar as terest to determine, adjust, and establish Beechcraft, Model 18 aircraft equipped other issues are raised in accordance with the fair and reasonable rates of compen for all-weather operation. Rule 397 of the rules of practice (14 sation to be paid by the Postmaster Gen It is in the public interest to fix, de CFR 302.307); and eral for the transportation of mail by termine, and establish the fair and rea 5. This order shall be served upon Ross aircraft, the facilities used and useful sonable rate of compensation to be paid Aviation, Inc., the Postmaster General, therefor, and the services connected Dy the Postmaster General for the pro- Air West, Inc., United Air Lines, Inc., and therewith, between the aforesaid points. posed transportation of mail by aircraft, Western Air Lines, Inc. Upon consideration of the petitions and a* used and useful therefor, other matters officially noticed, it is pro This order will be published in the posed to issue an order1 to include the ana the services connected therewith, F ederal R egister. oetween the aforesaid points. Upon con following findings and conclusions. sideration of the notice of intent and [ seal] H arold R . S anderson, On and after September 19, 1968, the nr> 1iiat.^ers officially noticed, it is pro- Secretary. fair and reasonable final service mail fnii ^ issue an order1 to include the [F.R. Doc. 68-12696; Filed, Oct. 17, 1968; rates per great circle aircraft mile to be lowing findings and conclusions: 8:48 a.m.] paid in their entirety to Sedalia by the Postmaster General pursuant to section tbis order to show cause is not a final [Docket No. 19311, etc.; Order 68-10-66] . . An but merely affords interested persons 1 As this order to show cause is not a final SEDALIA, MARSHALL, BOONVILLE action but merely affords interested persons her«, FEDERAL REGISTER, VOL. 33, NO. 204— FRIDAY, OCTOBER 18, 1968 15490 NOTICES 406 of the Act for the transportation of tion of evidence and burden of proof mail by aircraft, the facilities used and FEDERAL COMMUNICATIONS under the issue added herein will be on useful therefor, and the services con Bluegrass Broadcasting Co., Inc. nected therewith, shall be as follows: COMMISSION Adopted: October 15,1968. [Docket No. 18285; FCC 68R-430] Released: October 15,1968. Docket Between Cents BLUEGRASS BROADCASTING CO., F ederal C ommunications C o m m is s io n ,1 19311______Sidney and Grand Island via 39.83 INC. North Platte, Nebr. v_ [seal] B e n F . W aple, 19317______Valentine and North Platte, 4L 87 Memorandum Opinion and Order Secretary. Nebr. ■ 19318.. . __ O’Neill and Grand Island via 40.58 Enlarging Issues [F.R. Doc. 68-12700; Filed, Oct. 17, 1968; Norfolk, Nebr. 8:48 ajii.] 19319.. . __McCook and North Platte, Nebr.. 60.80 In re application of Bluegrass Broad 19320.. ___Chadron and North Platte via 39.74 Alliance, Nèbr. casting Co., Inc., Docket No. 18285, File No. BR-1953; for renewal of license of [Docket Nos. 18354,18355; FCC 68-1015] standard broadcast Station WVLK, Lex Accordingly, pursuant to the Federal ington, Ky. JACKSON MISSOURI BROADCASTING Aviation Act of 1958, and particularly 1. The above-captioned application for CO. AND MATTOON BROAD sections 204(a) or 406 thereof, and reg renewal of license was designated for CASTING CO. (WLBH) ulations promulgated in 14 CFR Part hearing by Commission Order, FCC 68- 302, 14 CFR Part 298, and 14 CFR 811, released August 5, 1968. That order Memorandum Opinion and Order 385.14(f) r contained issues with respect to the op Designating Applications for Con It is ordered, That: erating practices of the station licensee solidated Hearing on Stated Issues 1. Sedalia, Marshall, Boonville Stage and alleged misrepresentations to the Line, Inc., the Postmaster General, Fron Commission. Bluegrass Broadcasting Co., In re applications of Robert Neathery, tier Airlines, Inc., and >all other inter Inc. (Bluegrass), the applicant, on Sep jr., and Ann Rebecca Raymond doing ested persons are directed to show cause tember 4,1968, filed the instant motion to business as Jackson Missouri Broadcast why the Board should not adopt the fore enlarge the issues to permit it to show its ing Co., Jackson, Mo., Docket No. 18354, going proposed findings and conclusions record of service to its community over File No. BP-17323; Requests: 1170 kc, and fix, determine, and publish the final a 20-year period in mitigation of any 250 w, DA, Day; Mattoon Broadcasting rates specified above for the transporta adverse findings which might otherwise Co. (WLBH), Mattoon, 111., Docket No. tion of mail by aircraft, the facilities used be made in the proceeding. Bluegrass 18355, File No. BP-17684; Has: 1170 kc, and useful therefor, and the services con noted that under § 1.229(b) of the rules, 250 w, Day, Requests: 1170 kc, 5 kw, DA, nected therewith as specified therein as its motion should have been filed by Au Day; for construction permits. the fair and reasonable rates of compen 1. The Commission has before it for gust 23,1968. However, as good cause for consideration the above-captioned mu sation to be paid to Sedalia, Marshall, its late filing it states that the bill of Boonville Stage Line, Inc.; particulars which the Bureau was re tually exclusive applications. 2. Further procedures herein shall be quired to serve upon it was not received 2. Examination of the financial por in accordance with 14 CFR Part 302, and until August 24, 1968, and that the in tion of the Jackson Missouri Broadcast notice of any objection to the rates or to stant motion was prepared and filed as ing Co. application indicates that the the other findings and conclusions pro soon as practicable following receipt and applicant will require $38,250 to meet estimated first-year construction and op posed herein, shall be filed within 10 days, study of the bill of particulars. and if notice is filed, written answer and 2. Bluegrass relies on Wagoner Radio erating costs, consisting of: Equipment supporting documents shall be filed Co., 12 FCC 2d 978, 13 RR 2d 114 (1968) costs, $4,050; land, $1,200; building, within 30 days after service of this order; and the cases cited therein to justify the $1,500; miscellaneous costs, $1,500; and operating expenses for the first year, 3. If notice of objection is not filed requested issue. The Bureau in its com ments filed September 12, 1968, inter $30,000. Applicant proposes to meet these within 10 days after service of this or costs with $2,000 in existing capital and a der, or if notice is filed and answer is not poses no objection to the requested issue. As the Board noted in Wagoner, supra, $40,000 bank loan. However, the loan filed within 30 days after service of this commitment is deficient because it fails order, all persons shall be deemed to have the public interest is often better served if the licensee is permitted to make a to state the terms of payment or the waived the right to a hearing and all security required. Furthermore, the loan other procedural steps short of a final de showing as to its past broadcast record in mitigation of any adverse findings commitment is not current. The appli cision by the Board, and the Board may cant, therefore, has failed to show that enter an order incorporating the findings which might flow from the record. Ac cordingly, the issues will be enlarged to he will be able to finance the construction and conclusions proposed herein and fix and operation of the new station and a and determine the final rates specified permit such a showing in the instant case. However, no consideration can be financial issue will be included. herein; 3. Analysis of the financial portion of 4. If answer is filed presenting* issues given to alleged meritorious programing instituted after the licensee received no the WLBH proposal indicates that the for hearing, the issues involved in deter applicant will require $67,000 to meet the mining the fair and reasonable final rates tice that action against it was being con templated. Moreover, the issue is added estimated cost of construction, consisting shall be limited to those specifically of: Transmitter, $20,000; antenna sys raised by the answer, except insofar as without prejudice to the rights of the parties to subsequently argue regarding tem, $40,000; and miscellaneous costs, other issues are raised in accordance with $7,000. According to the application over Rule 307 of the rules of practice (14 CFR the weight which should be accorded the evidence adduced under this issue. $80,000 is available to meet these costs. 302.307); and However, since the applicant’s balance 3. it is ordered, That the Motion to 5. This order shall be served upon Se sheet is not current, it will be necessary Enlarge Issues, filed September 4, 1968, for WLBH to establish its financial quali dalia, Marshall, Boonville Stage Line, by Bluegrass Broadcasting Co., Inc., is Inc., the Postmaster General, and Fron granted, and the issues in this proceeding fications in hearing. tier Airlines, Inc. are enlarged as follows: To determine 4. An analysis of the program survey conducted by the Jackson Missoun This order will be published in the whether the programing of Station WVLK, Lexington, Ky., has been meri Broadcasting Co. reveals that its attempt F ederal R egister. to meet the requirements of Minshau torious, particularly with regard to public [ seal] H arold R. S anderson, Broadcasting Co., Inc., 11 FCC 2d 796,1 Secretary. service programs. RR 2d 502, is defective. In that case, tne 4. it is further ordered, That the [F.R. Doc. 68-12697; Filed, Oct. 17, 1968; i Review Board Member Berkemeyer absent. 8:48 a.m.] burden of proceeding with the lntroduc- FEDERAL REGISTER, V O L 33, NO. 204— FRIDAY, OCTOBER 18, 19S8 NOTICES 15491 Commission stated that an applicant 4. To determine whether Mattoon to operate CATV systems in the Colum must provide (a) full information on the Broadcasting Co. is financially qualified bus, Ohio, television market (ARB 28). steps it has taken to become informed of to construct and operate as proposed. 1. The Commission has before it for the real community needs and interests 5. To determine the efforts made by consideration the captioned petitions of the area to be served; (b) suggestions the applicants to ascertain the commu which request waiver of the requirements which the applicant has received as to nity needs and interests of the areas to of § 74.1107 of the rules to permit the how the station could help meet the be served and the means by which they importation of distant television signals area’s needs; (c) the applicant’s evalua propose to meet those needs and into two Ohio communities in the Colum tion of those suggestions; and (d) the interests. bus, Ohio, television market, ranked 28th programing service which the applicant 6. To determine, in the light of section on the basis of a total net weekly circula proposes in order to meet those needs as 307(b) of the Communications Act of tion of 514,800. Television allocations in they have been evaluated. Applicant 1934, as amended, which of the proposals the market are: made personal contact with seven indi would better provide a fair, efficient and viduals who allegedly represented a num Columbus— 4 (NBC), 6 (ABC), 10 (CBS), equitable distribution of radio service. *34 (Ed.), 47 (CP) 1 and *56 (Idle). ber of groups in the city of Jackson in 7. To determine, in the light of the Chillicothe— 53 (Idle). addition to talking with “several mem evidence adduced pursuant to the fore Newark— *28 (Ed.), and 52 (Idle). bers of the retail merchants association going issues which, if either, of the ap Marion— 68 (Appl.). and several members of the farm com plications should be granted. munity”. Btit neither the names of the 8. It is further ordered, That, in the 2. The proposals and contentions in people contacted, the organizations they event of a grant of either of the above support and opposition are as follows: represent, nor the suggestions made were applications, the construction permit A. Multi-Channel Cable Co. (CATV listed. In the absence of this informa shall contain the following condition: 100-44) plans to operate in Whitehall, tion it is impossible to determine if a Any presunrise operation must conform Ohio (20,818), which is about 5 miles representative cross-section of the com with §§ 73.87 and 73.99 of the rules, as east of Columbus. Petitioner would carry munity was surveyed. Cf. Andy Valley amended June 28, 1967 (32 F.R. 1Q437), the following signals: Broadcasting System, Inc., 12 FCC 2d 3, supplementary proceedings (if any) in Local 12 RR 2d 691. Thus, we are unable at this volving Docket No. 14419, and/or the final Channels: time to determine whether the appli resolution of matters at issue in Docket 4 (NBC)------Columbus. cant is aware of and responsive to the No. 17562. 6 (AB C )------Do. 10 (C B S)------Do. needs of the area and a programing issue 9. It is further ordered, That, to avail *34 (Ed.)------Do. will be included. themselves of the opportunity to be 47 (Ind.)*------Do. 5. A programing issue is also required heard, the applicants herein, pursuant to with respect to Mattoon Broadcasting § 1.221(c) of the Commission’s rules, in D istan t Co. In light of the fact that an increase Channels: person or by attorney, shall, within 20 *20 (Ed.)------Athens, Ohio. in daytime power from 250 w to 5 kw days of the mailing of this order, file 18 (ABC-NBC)------Zanesville, Ohio. would result in a doubling of the popu with the Commission in triplicate, a 2 (ABC-NBC)------Dayton, Ohio. lation within WLBH’s protected service written appearance stating an intention 7 (CBS)------Do. area, a programing survey is necessary. to appear on the date fixed for the hear 22 (NBC—CBS— See public notice of August 22, 1968, FCC ing and present evidence on the issues ABC)------Do. 68-847. Since the applicant failed to con specified in this order. In support of its request, Multi-Chan duct a survey, a programing issue will be included. 10. It is further ordered, That the ap nel claims: (1) The system’s economic plicants herein shall, pursuant to section impact on existing stations would be de 6. Except as indicated by the issues 311(a)(2) of the Communications Act minimis since existing stations would be specified below, the applicants are quali of 1934, as amended, and § 1.594 of the helped by providing better reception fied to construct and operate as proposed. Commission’s rules, give notice of the and future UHF stations would bene However, since the proposals are mu hearing, either individually or, if feasible fit by elimination of the need for set tually exclusive, they must be designated and consistent with the rules, jointly, conversion; (2) the proposal would give for hearing in a consolidated proceeding on the issues specified below. within the time and in the manner pre to the residents of Whitehall, for the scribed in such rule, and shall advise the first time, maximum dissemination of 7. It is ordered, That, pursuant to sec Commission of the publication of such information through diversified own tion 309(e) of the Communications Act notice as required by § 1.594(g) of the ership of the mass media; (3) CATV of 1934, as amended, the applications are rules. designated for hearing in a consolidated would expand the utility of the spectrum Adopted: October 9, 1968. and thus enable the operation of satellite proceeding, at a time and place to be TV and other serviceslthat may be de specified in a subsequent order, upon the Released: October 15, 1968. following issues: veloped; (4) Whitehall would be an ideal testing site to determine the proper role 1. To determine the areas and popu F ederal C ommunications of CATV in the Columbus market; (5) lations which would receive primary C o m m is s io n ,1 the system provides the fastest and least service from the proposal of Jackson [ seal] B en F. W aple, Missouri Broadcasting Co. and the avail Secretary. expensive means of providing distribu ability of other primary service to such tion of ETV programing; (6) consider [F.R. Doc. 68-12702; Piled, Oct. 17, 1968; able time and money was expended prior areas and populations. 8:48 a.m.] 2. To determine the areas and popula to the adoption, of the second report and tions which may be expected to gain or order; and (7) the residents of Chilli lose primary service from the proposed [Dockets Nos. 18356,18357; FCC 68-1020] cothe and Marion presently receive dis operation of Station WLBH and the MULTI-CHANNEL CABLE CO. tant signals via CATV and, therefore, availability of other primary service to such areas and populations. Memorandum Opinion and Order Whitehall should not be denied the same service.8 Oppositions have been filed by 3 T° determine, with respect to the Instituting Hearing application of Jackson Missouri Broad casting Co.: In re petitions by Multi-Channel Cable Co., Whitehall, Ohio, Docket No. 18356, 1 An application is presently pending ¡Whether the $40,000 bank loan (BMPCT—6721) to change authorized power File No. CATV 100-44; Multi-jChannel and transmitter and studio site. rnnj!Lava**a*)te'and, if so, the terms and Cable Co., Circleville, Ohio, Docket No. 2 To be carried when operational. conditions thereof. 18357, File No. CATV 100-108; for au 3 Petitioner also requests, on the basis of Whether, in the light of the evi- thority pursuant to § 74.1107 of the rules the above-mentioned contentions, a waiver thfi6 adduced Pursuant to (a) above, of the program exclusivity requirements. This e aPPhcant is financially qualified. request will be denied as unsupported and 1 Chairman Hyde absent. without merit. FEDERAL REGISTER, VOL. 33, NO. 204— FRIDAY, OCTOBER 18, 196* No. 204— Pt, I- 4 15492 NOTICES Taft Broadcasting Co.,4 licensee of Sta Columbus; (5 ) the residents of Chilli- proposed penetration of CATV service tion WTVN-TV, Channel 6, Columbus; cothe presently receive distant signals in the Columbus, Ohio, market; Farragut Television Corp.,5 and Peoples via CATV and, therefore Circleville (2) To determine the effects of cur Broadcasting Corp.,6 applicants for should not be denied the same service;9 rent and proposed CATV service in the Channel 47, Columbus; and The In (-6) the Columbus stations have healthy market upon existing, proposed and po dependent Theatre Owners of Ohio. They revenues and incomes and thus need no tential television broadcast stations in protection; and (7) CATV decreases con the market; claim: (3) To determine (a) the present pol (1) Importation of distant signalscentration, increases mass media com petition and is the only feasible way of icy and proposed future plans of peti would have great cumulative effect since tioners with respect to the furnishing of Whitehall is in the heart of the market providing local programing to small communities such as Circleville. Opposi any service other than the relay of the and would harm existing stations and signals of broadcast stations; and (b) future UHF stations by fragmenting the tions have been filed by Taft, Avco, Peo ples.1* They allege: the impact of such services upon broad viewing audience: (2) Multi-Channel cast stations in the market; and, has not met its burden of showing lack (1) This is a “foot in the door” pro (4) To determine in light of the above of damaging impact; (3) no showing has posal since Multi-Channel proposes to operate systems in six communities in whether the proposals are consistent with been made that existing television serv the public interest. ice is deficient or that the proposed ad the greater metropolitan Columbus area; dition would provide improved service; (2) importation of distant signals might Multi-Channel Cable Co., Avco Broad (4) since Multi-Channel proceeded at prevent activation of the idle allocation casting Corp., Taft Broadcasting Co., its own risk, its argument as to prior fi at Chillicothe; (3) the proposal would Nationwide Communications, Inc., and nancial commitment is not persuasive; adversely affect existing stations and fu The Independent Theatrg Owners of and (5) the petition should be dismissed ture UHF stations especially channel 47 Ohio, are made parties to this proceed for non-compliance with the notifica in Columbus, by fragmenting the viewing ing, and to participate, must comply tion requirements of §§ 74.1105 and audience; (4) there is no shortage of off- with the applicable provisions of S 1.221 75.1109 of the rules. the-air television service since Circleville of the Commission’s rules. The burden B. Multi-Channel Cable Co. (CATV presently receives full network service of proof is upon petitioner. A time and 100-108) proposes to serve Circleville, and will soon receive additional program place for the hearing will be specified Ohio (11,059), which is about 25 miles service from Channel 47 and that four in another order. south of Columbus. It would provide the off-the-air signals are sufficient for Cir It is further ordered, That the re following signals: cleville residents; (5) the distant signals quests of Taft Broadcasting Co., Peoples will not provide significant' additional Broadcasting Corp., and Farragut Tele L ocal programing; and (6) Circleville is polit vision Corp. for dismissal of Multi- Channels: Channel Cable Co.’s waiver petition for 4 (NBC). ____ Columbus ically, geographically, and economically 6 (ABC) ____ Do. a part of the Columbus market. Whitehall, Ohio, are denied. 10 (CBS) ____ Do. 3. The proposals for Whitehall and It is further ordered, That the re *34 (Ed.) Do. Circleville will be set for hearing. While quests of Multi-Channel Cable Co. for waiver of § 74.1103 for its proposed D istant we are fully cognizant of the benefits Channels: which could flow from CATV as outlined, CATV systems at Whitehall and Circle 2 (ABC-NBC)_____ Dayton, Ohio. we cannot conclude on this record that ville, Ohio are denied. 7 (CBS)______Do. the damaging impact will not outweigh Adopted: October 9,1968. 22 (NBC—CBS— the benefits.“ This is especially so where, ABC) ______Do. Released: October 15,1968. 3 (N B C )______Huntington, W . Va. as here, there is active UHF interest and 13 (AB C )------Do. the CATV proposals would commence F ederal Communications 5 (NBC)------Cincinnati, Ohio. operation within the very area upon C o m m is s io n ,14 9 (CBS) 7------Do. which the proposed Columbus UHF sta [ seal] B en F . W aple, 8 ( C B S )...... - Charleston, W . Va. tion would be most likely to depend. Secretary. *20 (E d .)______Athens, Ohio. Accordingly, it is ordered, That the 72 and 76 (Ed.) __ IMPATTI8 [F.R. Doc. 68-12701; Filed, Oct. 17, 1963; requests of Multi-Channel Cable Co. for 8:48 a.m.j Petitioner contends that: (1) The sys waiver of the hearing provisions of § 74.- tem’s economic impact on existing sta 1107 of the rules for its proposed CATV tions would be de minimis because of systems at Whitehall and Circleville, [Docket No. 13348; FCC 68-1012] community size and since the system will Ohio are denied; and pursuant to § 74.- OVERSEAS FACILITIES carry all local signals; (2) it would aid 1107 of the Commission’s rules, a hear future UHF stations by eliminating the ing is ordered as to said matter on the Notice of Inquiry Into Use of Multi needs for set conversion; (3) it would following issues: . channel Equipment result in maximum dissemination of in (1) To determine the present and formation and would provide educational In the matter of an inquiry into the television facilities and programs of lim 9 petitioner also requests waiver of the pro use of multichannel equipment for de ited local interest; (4) Circleville is a gram exclusivity requirements on the ground riving telegraph channels from voice separate and distinct economic unit from that no television station has a propriety channels to determine facts relating to interest as a matter of right in its viewing techniques capable of providing greater audience which 1s to be protected at the ex capacity, accuracy, reliability or econ 4 Avco Broadcasting Corp., licensee of Sta pense of infringing upon the rights of others omy in the operation of overseas facili tion WLW—C, Channel 4, Columbus, has re (including the viewing audience). When the quested to be made a party to the hearing. ties, Docket No. 18348.' Commission adopted the second report and 1. The Commission today adopted a WBNS—TV, Inc., licensee of Station W BNS- order it concluded that same-day program TV, Channel 10, Columbus, has stated, by exclusivity best compromised the conflict memorandum opinion, order and au letter, that it takes no position with respect ing interests. Thus, Multi-Channel’s argu thorization increasing to 34 the number to Multi-Channel’s proposal. ment is really an attack on the second re of standard speed (50-baud) telegraph b Application denied and construction per port and order and presents no argument channels, or a total not to exceed l,8w mit award to Peoples In Re Farragut Televi on which a waiver of § 74.1103(e) could be bauds, that may be derived from cable sion Corp______FCC 2 d ------(1967). . based. The request will, therefore, be denied. and satellite voice channels by overseas 8 Peoples now holds the construction per 18 See footnote 5, supra. record carriers for providing their own mit under the corporate name of Nationwide 11 As to the request for dismissal of Multi- services. For reasons set forth therein, Communications, Inc. Channel’s waiver petition for Whitehall for 7 Multi-Channel originally requested au noncompliance with the notification and «Chairman Hyde absent; Commissioner thorization to carry the signal of Channel service requirements of §§ 74.1105 and 74.1109, 12 (ABC). Cincinnati, but subsequently since the opposition has had actual timely Bartley dissenting and voting to 6^ — ,. _ knowledge of the petition and the proposals petitions; Commissioner Wadsworth v B amended its proposal. to grant the petitions regarding Circlevi . ' 8 IMP ATI ceased broadcasting earlier this contained therein, there appears to be sub Ohio. year and will, therefore, not be carried. stantial compliance. FEDERAL REGISTER, VOL. 33, NO. 204— FRIDAY, OCTOBER 18, 1968 NOTICES 15493 the Commission has concluded that it Adopted; October 9, 1968. should invite comments as to known AMERICAN PRESIDENT LINES, LTD., techniques and available equipment for Released: October 15, 1968. AND NAM SUNG SHIPPING CO., the derivation of telegraph or data chan F ederal C ommunications LTD. nels from voice channels with a view to C o m m is s io n ,1 Notice of Agreement Filed for the possibility of increasing further the [ seal] B e n F . W aple, limits set on the number of derived Secretary. Approval channels, or total baud speeds. This in [F.R. Doc. 68-12703; Filed, Oct. 17, 1968; Notice is hereby given that the follow quiry is instituted pursuant to that 8:48 a.m.] ing agreement has been filed with the objective. Commission for approval pursuant to sec 2. Each of the carriers engaged in the tion 15 of the Shipping Act, 1916, as handling of overseas public correspond amended (39 Stat. 733, 75 Stat. 763; 46 ence, as well as interested persons, is FEDERAL MARITIME COMMISSION U.S.C. 814). invited to submit comments and infor AUSTRALIA, NEW ZEALAND, AND Interested parties may inspect and ob mation with respect to equipment and SOUTH SEA ISLANDS PACIFIC tain a copy of the agreement at the operating techniques used in the deriva Washington office of the Federal Mari tion of telegraph or data channels from COAST CONFERENCE time Commission, 1321 H Street NW., voice channels as outlined below: Room 609; or may inspect agreement at (a) Estimated capability in terms of Notice of Agreement Filed for Approval the offices of the District Managers, New number of discrete telegraph channels York, N.Y., New Orleans, La., and San or total number of bauds which can be Notice is hereby given that the follow Francisco, Calif. Comments with refer obtained from one voice channel with ing agreement has been filed with the ence to an agreement including a request available equipment operating either on Commission for approval pursuant to for hearing, if desired, may be submitted cable or satellite channels, or a combina section 15 of the Shipping Act, 1916, as to the Secretary, Federal Maritime Com tion thereof; amended (39 Stat. 733, 75 Stat. 763, 46 mission, Washington, D.C. 20573, within (b) Description of available equip U.S.C. 814). 20 days after publication of this notice in ment, including manufacturer’s identity, Interested parties may inspect and the F ederal R egister A copy of any such nomenclature, model, type number, cost obtain a copy of the agreement at the statement should also be forwarded to data and technical performance; Washington office of the Federal Mari the party filing the agreement (as indi (c) Copies of reports describing tests time Commission, 1321 H Street NW., cated hereinafter) and the comments and the results thereof, including the Room 609; or may inspect agreement at should indicate that this has been done. types of overseas or .other circuits where the offices of the District Managers, New Notice of agreement filed for approval used in the tests, points between which York, N.Y., New Orleans, La., and San by: the tests were conducted, the duration of Francisco, Calif. Comments with refer the tests, and the test results in terms of ence to an agreement including a re Mr. D. J. Morris, Manager, Rates & Confer accuracy, reliability, interference to ad quest for hearing, if desired, may be ences, American Pesident Lines, 601 Cali jacent channels and any other character submitted to the Secretary, Federal fornia Street, San Francisco, Calif. 94108. istics considered to be important ; Maritime Commission, Washington, D.C. Agreement 9749, between American (d) The annual costs per telegraph 20573, within 20 days after publication President Lines, Ltd., and Nam Sung channel, including the required frac of this notice in the F ederal R egister. Shipping Co., Ltd., establishes a through tional costs of overseas voice channels A copy of any such statement should billing arrangement between U.S. Atlan and any other relevant costs, used for also be forwarded to the party filing the tic and Pacific Coast ports of call of telegraph channels, derived by higher agreement (as indicated hereinafter) American President Lines to ports of call capacity telegraph systems as compared and the comments should indicate that of Nam Sung Shipping in Korea with to the annual costs per telegraph channel this has been done. transshipment in Japan in accordance derived by 22-24 channel equipment; Notice of agreement filed for approval with the terms and conditions set forth (e) Estimates of rate reductions for by: in the agreement. leased telegraph channel service, if any, Mr. J. R. Harper, Secretary, Australia, New Dated: October 14, 1968. which could result from the use of higher Zealand, and South Sea Islands Pacific capacity telegraph systems; Coast Conference, 635 Sacramento Street, By order of the Federal Maritime (f) Estimates of the potential demand Room 330, San Francisco, Calif. 94111. Commission. for large numbers of telegraph circuits Agreement 7580-8, between member T h o m as Li s i , (more than 22) in the overseas service; lines of the Australia, New Zealand, and Secretary. and South Sea Islands Pacific Coast Con [F.R. Doc. 68-12685; Filed, Oct. 17, 1968; (g) Such other information as is ference, amends paragraph 2-A of the 8:47 a.m.] deemed relevant and of interest to the basic agreement by changing the con Commission. ference voting requirements for con certed action on matters within the scope 3. Authority for this notice of inquiry FEDERAL NEW ZEALAND LINES is that contained in sections 4 (i), 4 (j), of the agreement from unanimity to 214, and 403 of the Communications Act two-thirds of the membership entitled JOINT SERVICE to vote except changes in the agreement of 1934, as amended, and section 201 Notice of Agreement Filed for » l (4) of the Communications Satellite itself which requires the unanimous con Act of 1962. sent of all of the members entitled to Approval vote. 4. Interested persons desiring to file Notice is hereby given that the follow comments in response to this notice of Dated: October 14,1968. ing agreement has been filed with the inquiry are requested to file such com By order of the Federal Maritime Commission for approval pursuant to sec ments with the Secretary of the Commis Commission. tion 15 of the Shipping Act, 1916, as sion, on or before November 1, 1968. T h om as L i s i, amended (39 Stat. 733, 75 Stat. 763- 46 s i5c,In accordance with the provisions of Secretary. U.S.C. 814). 51.51 of the Commission’s rules, an orig [F.R. Doc. 68-12684; Filed, Oct. 17, 1968; Interested parties may inspect and ob inal and 19 copies of all statements, tain a copy of the agreement at the onefs or comments shall be furnished the 8:47 a.m.] commission. Washington office of the Federal Mari 1 Chairman Hyde absent. time Commission, 1321 H Street NW., FEDERAL REGISTER, VOL. 33, NO. 204— FRIDAY, OCTOBER 18, 1968 15494 NOTICES Boom 609; or may inspect agreement at Until” column, and thereafter until made the offices of the District Managers, New FEDERAL POWER COMMISSION effective as prescribed by the Natural Gas York, N.Y., New Orleans, La., and San {Docket No. RI69-144. etc.] Act: Provided, however, That the supple Francisco, Calif. Comments with refer ments to the rate schedules filed by Re ence to an agreement including a, re CLINTON OIL CO. ET AL. spondents, as set forth herein, shall be come effective subject to refund on the quest for hearing, if desired, may be sub Order Providing lor Hearing on and mitted to the Secretary, Federal Mari date and in the manner herein pre time Commission, Washington, D.C. Suspension of Proposed Changes in described if within 20 days from the date 20573, within 20 days after publication Rates, and Allowing Rate Changes of the issuance of this order Respondents of this notice in the F ederal R egister. A To Become Effective Subject to shall each execute and file under its copy of any such statement should also be above-designated docket number with Refund 1 the Secretary of the Commission its forwarded to the party filing the agree O ctober 10, 1968. ment (as indicated hereinafter) and the agreement and undertaking to comply The Respondents named herein have with the refunding and reporting proce comments should indicate that this has filed proposed changes in rates and been done. dure required by the Natural Gas Act charges of currently effective rate sched and § 154.102 of the regulations there Notice of agreement filed for approval ules for sales of natural gas under Com by: under, accompanied by a certificate mission jurisdiction, as set forth in Ap showing service of copies thereof upon Elkan Turk, Jr., Esq., JBurlinghaxn, Under pendix A hfereof. all purchasers under the rate schedule wood, Wright, White & Lord, 25 Broadway, The proposed changed rates and involved. Unless Respondents are ad Mew York, N.Y. 10004. charges may be unjust, unreasonable, vised to the contrary within 15 days after Agreement 7786-3, among the member unduly discriminatory, or preferential, the filing of their respective agreements lines of the Federal New Zealand Lines or otherwise unlawful. and undertakings, such agreements and Joint Service, modifies Article 2 of the The Commission finds : It is in the pub undertakings shall be deemed to have basic agreement by (1) appointing Nor lic interest and consistent with the Nat been accepted. ton, Lilly & Co., Inc., to represent the ural Gas Act that the Commission enter (C) Until otherwise ordered by the joint service in New York on matters re upon hearings regarding the lawfulness Commission, neither the suspended sup lating to Conference and other obliga of the proposed changes, and that the plements, nor the rate schedules sought supplements herein be suspended and tions and (2 ) allowing for the appoint to be altered, shall be changed until dis their use be deferred as ordered below. position of these proceedings or expira ment by written designation of other rep The Commission orders: tion of the suspension period. resentatives in places other than New (A) Under the Natural Gas Act, par (D) Notices of intervention or peti York. ticularly sections 4 and 15, the regula tions to intervene may be filed with the tions pertaining thereto (18 CFR Ch. I ), Federal Power Commission, Washington, Dated: October 14, 1968. and the Commission’s rules of practice D.C. 20426, in accordance with the rules and procedure, public hearings shall be of practice and procedure (18 CFR 1.8 By order of the Federal Maritime held concerning the lawfulness of the Commission. and 1137(f)) on or before November 27, proposed changes. 1968. T h om as Li s i , (B) Pending hearings and decisions Secretary. thereon, the rate supplements herein are By the Commission. [FJt. Doc. 68-12686; Filed, Oct. 17, 1068; suspended and their use deferred until [ seal] K e n n e t h F. P lu m b, 8:47 a.m.] date shown in the “Date Suspended Acting Secretary. A ppen dix A Cents per Mcf Rate in Rate Sup Amount Date Effective effect Docket Respondent sched ple Purchaser and producing areaof filing date suspended Rate Proposed subject to No. ule ' ment annual tendered unless until— in increased refund in No. No. increase suspended effect rate Dockets Nos. RI69-144.__ Clinton Oil Co., 6810 *4 2 Cities Service Gas Co. (Winchester •$261 9-19-68 8 10-20-68 * 10-21-68 313.0 *<»14.0 West Highway 54, Field, Woods Comity, Okla.) Wichita, Kans. 67209. (Oklahoma “Other” Area). RI69-145...t Marathon Oil Co., 639 41 4 Northern Natural Gas Co. (Ross- 5 9-18-68 8 10-19-68 »10-20-68 » 19.31 6 8 » M 19.325 RI68-51. South Main St., Find ton Area, Beaver County, lay, Ohio 45840, Okla.) (Panhandle Area). ____do...... - 62 4 Michigan Wisconsin Pipe Line Co. 6 9-18-68 8 10-19-68 4 10-20-68 u 20.786 o 8101120.801 RI68-36L (Laverne Field, Harper County, Okla.) (Panhandle Area). RI69-146...Ì Sun Oil Co., Ifj08 Walnut » 161 4 Texas Eastern Transmission 9.000 9-17-68 » 11- 1-68 « 11- 2-68 »M14.6 «»»15.6 St., Philadelphia, Pa. Carp. (Shepherd Field, Hidalgo 19103, Attn: Mr. County, Tex.) (RR. District Charles E. Webber. No. 4)...... do ______22162 4 Texas Eastern Transmission 6.000 9-47-68 »11- 1-68 * 11- 2-68 »8*14.6 **»15.« Corp. (Hidalgo Field, Hidalgo County, Tex.) (RR. District No. 4). 2 Contract dated after Sept. 28, 1960, the date of Issuance of the Commission’s »Includes base rate of 17 cents plus 2.31 cents upward B.t.u. adjustment (1,136 statement of general policy No. 61-1 and proposed rate is below 16 cents per Mcf B.t.u. gas). Base rate subject to upward and downward B.t.u. adjustment, area initial rate ceiling. w Includes 0.015-cont tax reimbursement. . * The stated effective date is the effective date requested by Respondent. u Includes base rate of 19 cents plus 1.786 cents upward B.t.u. adjustment (1,094 t The suspension period is limited to 1 day. B.t.u. gas). Base rate subject to upward and downward B.t.u. adjustment. 5 Periodic rate increase. 12 Contract dated after Sept. 28,1960, the date of issuance of general policy state * Pressure base is 14.65 p.s.La. ment No. 61-1 and proposed rate does not exceed area 16 cent initial rate ceiling- i Subject to a downward B.t.u. adjustment. 12 Initial service rate. » Tax reimbursement increase. The contracts related to the rate filings of 1 day from the proposed effective dates, Oc posed rates exceed the area increased rate Clinton Oil Co. (Clinton) and Sun Oil Co. tober 20, 1968 (Clinton), and November 1, ceiling of 11 cents per Mcf for the Panhandle (Sun) were executed subsequent to Sep 1968 (Sun). Area as announced in the Commission’s state tember 28, 1960, the date of Issuance of the Marathon Oil Co.’s (Marathon) proposed ment of general policy No. 61-1, as amended. Commission's statement of general policy No. rate increases reflect partial reimbursement However, since Marathon’s rate filings relate 61-1, as amended, and the proposed increased of the Oklahoma Excise Tax which was in only to tax reimbursement increases, we con rates are above the applicable area ceilings creased by the State from 0.02 cent to 0.4 clude that such increases should be sus for increased rates but below the initial serv cent per Mcf effective July 1, 1967. The pro- pended for one day from October 19, 1968, ice ceilings for the areas Involved. We believe, the proposed effective date. in this situation, the aforementioned pro 1 Does not consolidate for hearing or dis [FR . Doc. 68-12656; Filed, Oct. 17, 1968; ducers’ rate fillings should be suspended-for pose of the several matters herein. 8:45 am .] FEDERAL REGISTER, VOL. 33, NO. 204— FRIDAY, OCTOBER 18, 1968 NOTICES 15495 [Docket No. G-3735 etc.] Docket. No. Price per Pres and date filed Applicant Purchaser, field, and location Mcf sure GETTY OIL CO. ET AL. base Notice of Applications for Certificates, Abandonment of Service and Pe G-3735...... Getty Oil Co.-,2 Post Office Box 1404, El Paso Natural Gas Co., Levelland 214.21 14.65 8-2-68 1 Houston, Tex. 77001. Gasoline Plant, Levelland Field, titions To Amend Certificates 1 Hockley County, Tex. G-3811...... Sunray DX Oil Co.,2 Post Office Box ...... do_._...... « 14.21 14.65 O ctober 10,1968. 8-12-68 1 2039, Tulsa, Okla. 74102. G-3913______Ashland Oil & Gas Co., Post Office Mississippi River Transmission Corp., V) Take notice that each of the Applicants D 9-27-68 Box 18695, Oklahoma City, Okla. West Unionville Field, Lincoln Par 73118 (partial abandonment).1 ish, La. listed herein has filed an application or G-11181...... Gas Gathering Corp., Post Office Transcontinental Gas Pipe Line 22.0 15.025 petition pursuant to section 7 of the C 9-3-68 * Box Ç19, Hammond, La. 70401. Corp., acreage in Pointe Coupee Natural Gas Act for authorization to sell Parish, La. G-19542...... An-Son Corp., 3814 North Santa Fe, Michigan! Wisconsin Pipe Line Co., 17.0 14.65 natural gas in interstate commerce or C 9-27-68 Oklahoma City, Okla. 73118. Laverne Field, Beaver, County, to abandon service as described herein, Okla. G-20136______Humble Oil & Refining Co., Post Transcontinental Gas Pipe Line Corp. * 16.2160 14.65 all as more fully described in the respec C 9-30-68 Office Box 2180, Houston, Tex. Dilworth Field, McMullen County, tive applications and amendments which 77001. Tex. CI60-50...... D. R. Lauck Oil Co., Inc., 301 South Panhandle Eastern Pipe Line Co., 15.0 14.65 are on file with the Commission and open C 9-25-68 Broadway, Wichita, Kans. 67202. acreage in Edwards County, Kans. to public inspection. C162-1285...... Marvin E. Wilhite et al. (successor to Cumberland and Allegheny Gas Co., 25.0 15.325 Protests or petitions to intervene may E 9-25-68 Superior Oil & Gas, Inc.), Post Union District, Barbour County, Office Box 326, Orange Park, Fla. W. Va. be filed with the Federal Power Commis 32073. sion, Washington, D.C. 20426, in accord C164-540_____ . Jake L. Hamon (Operator) et al., Post Arkansas Louisiana Gas Co., North 15.0 14.65 C 9-23-68» Office Box 663, Dallas, Tex. 75221. Spiro Field, Le Flore County, Okla. ance with the rules of practice and pro CI64-644____ Ashland Oil & Refining Co. (Opera- Natural Gas Pipeline Co. of America, (8) cedure (18 CFR 1.8 or 1.10) on or before D 9-23-68 tor) et al., Post Office Box 18695, Northeast Quinlan Field, Wood Oklahoma City, Okla. 73118. ward County. Okla. November 8, 1968. CI65-1025...... Doyle H. Baird (successor to Pan Mountain Fuel Supply Co., Four Mile 15.0 15.025 Take further notice that, pursuant to E 9-3-68 American Petroleum Corp. (Opera Creek Field, Moffat County, Colo. tor) et al.), 455 Petroleum Club the authority contained in and subject Bldg., Denver, Colo. 80202. to the jurisdiction conferred upon the CI67-248_____ Blackburn Gasoline Plant, Post Office Pan American Petroleum Corp.,» acre io 1.5 15.025 Federal Power Commission by sections C 9-3-68».... Box 396, Minden, La. 71055. age in Webster Parish, La. »« 1.0 CI68-691...... Sinclair Oil & Gas Co.,2 Post Office Natural Gas Pipeline Co. of America, « 16.5 14.65 7 and 15 of the Natural Gas Act and the C 9-23-68 Box 521, Tulsa, Okla. 74102. Worsham-Bayer (Ellenburger) Field Commission’s rules of practice and pro ' Lochridge Area, Reeves County, Tex. cedure, a hearing will be held without CI68-883...... Wigwam Production Co., c/o Lawrence Southern Natural Gas Co-., Block 54, 18.0 15.025 further notice before the Commission on C 9-30-68 E. Donohoe, Jr., attorney, Post Of Chandeleur Sound Area, St. Ber fice Drawer 3507, Lafayette, La. nard Parish, La. all applications in which no protest or 70501. petition to intervene is filed within the CI68-908-...... Douglas Resources Corp., agent et al., Arkansas Louisiana Gas Co., Enid 15.0 14.65 C 9-25-68 310 Kermac Bldg., Oklahoma City, Area, Garfield County, Okla. time required herein if the Commission Okla. 73102. on its own review of the matter believes CI68-1090...... Aikman Bros. Corp., 706 Bank of the Michigan Wisconsin Pipe Line Co., 1117.0 14.65 that a grant of the certificates or the C 9-26-68 Southwest Bldg., Amarillo, Tex. Laverne Field, Harper County, 79109. Okla. authorization for the proposed abandon CI69-312...... Humble Oil& Refining Co., (successor Transwestem Pipeline Co., Mendota « 17.25 14.65 ment is required by the public conven (G-16139) to Gulf Oil Carp.). Field, Hemphill County, Tex. ience and necessity. Where a protest or F 9-18-68 CI69-313...... Tenneco Oil Co. (successor to Sinclair El Paso Natural Gas Co., acreage in » 13.25009 15.025 petition for leave to intervene is timely (G-4547) Oil & Gas Co.), Post Office Box 2511, San Juan County, N. Mex. filed, or where the Commission on its F 9-16-68 Houston, Tex. 77001. CI69-314...... Samedan Oil Corp. (Operator) et al. Natural Gas Pipeline Co. of America, “ 17.015 14.65 own motion believes that a formal hear (CJ65-1001) (successor to Amerada Petroleum acreage in Dewey County, Okla. ing is required, further notice of such F 9-19-68 Corp. (Operator) et al.) Post Office Box 909, Ardmore, Okla. 73401. hearing will be duly given: Provided, CI69-315—...... Midwest Oil Corp., 1700 Broadway, Arkansas Louisiana Gas Co., acreage 15.0 14.65 however, that pursuant to § 2.56, Part 2, A 9-20-68 Denver, Colo. 80202. in Sebastian County, Ark. CI69-316...... William V. Montin et al., 1390 First Arkansas Louisiana Gas Co., Okeene Depleted Statement of General Policy and Inter B 9-18-68 National Bldg., Oklahoma City, Field, Blaine County, Okla. pretations, Chapter I of Title 18 of the Okla. 73102. Code of Federal Regulations, as amended, C169-317...... L. H. Puckett (Operator) et al., Ama Phillips Petroleum Co., West Pan 14.0 14.65 A 9-19-68 rillo Bldg., Amarillo, Tex. 79101. handle Field, Hutchinson County, all permanent certificates of public con Tex. venience and necessity granting applica CI69-318...... Cleary Petroleum, Inc., 310 Kermac Panhandle Eastern Pipe Line Co., « 15.0 14.65 A 9-25-68 Bldg., Oklahoma City, Okla. 73102. Northeast Dacoma Field, Alfalfa tions, filed after July 1, 1967, without County, Okla. further notice, will contain a condition CI69-319_____ Texaco, Inc., Post Office Box 52332,, Michigan Wisconsin Pipe Line Co., 21.25 15.025 A 9-26-68 Houston, Tex. 77052. Block 17 Field, West Cameron Area, precluding any filing of an increased rate Offshore Louisiana. at a price in excess of that designated for CI69-321...... Sohio Petroleum Co., 970 First Na Phillips Petroleum Co., West Pan » 14.0 14.65 the particular area of production for the A 9-25-68 tional Bldg., Oklahoma City, Okla. handle Field, Hutchinson County, 73102. Tex. period prescribed therein unless at the CI69-322.____ Sidwell Oil & Gas, Inc. (Operator) Panhandle Eastern Pipe Line Co., • 18.0 14. 65 time of filing of protests or petitions to A 9-26-68 et al., Post Office Box 2475, Pampa, Hansford Morrow-Lower Field, Tex. 79065. Hansford County, Tex. intervene the Applicant indicates in writ CI69-325-...... Hileman Lease Well No. 1, c/o Hugh Equitable Gas Co., Southwest Dis 25.0 15.325 ing that it is unwilling to accept such a A 9-27-68 K. Spencer, agent, West Union, W. trict, Doddridge County, W. Va. condition. In the event Applicant is un Va. 26456. CI69-326...... Grimm Lease Well No. 1, c/o Hugh ...... do...... 25.0 15. 325 willing to accept such condition the ap A 9-27-68 K. Spencer, agent, West Union, W. plication will be set for formal hearing. Va. 26456. CI69-327...... Union Oil Co. of California, Union Transcontinental Gas Pipe Line 20.5 15.025 Under the procedure herein provided A 9-27-68 Oil Center, Los Angeles, Calif. 90017. Corp., Block 266 Field, Ship Shoal for, unless otherwise advised, it will be Area, Golf of Mexico. CI69-328...... Sunray DX Oil Co______Lone Star Gas Co., Rush Springs “ 16.01 14.65 unnecessary for Applicants to appear or A 9-27-68 Area, Grady County, Okla. be represented at the hearing. * CI69-329-...... RAF Natural Gas Corp., 525 Market Arkansas Louisiana Gas Co.. Long- Depleted B 9-26-68 St., Shreveport, La. 7110L wood Field, Caddo Parish, La. G ordon M . G rant, Filing code: A—Initial service. Secretary. B—Abandonment. C—Amendment to add acreage. D—Amendment to delete acreage. | This notice does not provide for con E—Succession. solidation for hearing of the several matters F—Partial succession: covered herein. See footnotes at end of table: FEDERAL REGISTER, V O L 33, NO. 204— FRIDAY, OCTOBER 18, 1968 15496 NOTICES fulness of Ark-La’s proposed increased Docket No. Price per Pres and date filed Applicant Purchaser, field, and location Mcf sure rate and charge contained in Supple base ment No. 12 to its FPC Gas Rate Sched ule XFS-2. CI69-330...... Bums Trusts et al., c/o Robert W. Texas Eastern Transmission Corp., 16.0 14.65 (B) Pending a hearing and decision A 9-30-68 Thacker, Suite 620, Guaranty Na- Panther Reef Field, Calhoun tional Tower, Corpus Christi, Tex. County, Tex. thereon, Supplement No. 12 to Ark-La’s 78401. FPC Gas Rate Schedule XFS-2 is hereby CI69-331_____ Crown Petroleum, Inc.. 505 Bank of Northern Natural Gas Co., acreage in “ 17.0 14.65 suspended and the use thereof is deferred A 9-27-68 the Southwest Bldg., Amarillo, Tex. Harper County, Okla. 79109. until April 1, 1969, and thereafter until CI69-332...... Charles R. Scoggins, Vaughn Plaza Texas Eastern Transmission Corp., 16.0 14.65 such further time as it is made effective A 9-27-68 Bldg., Corpus Christi, Tex. 78401. East Bishop Field, Nueces County, Tex. in the manner prescribed by the Natural CI69-333___.... Sohio Petroleum Co...... i l l ...... Phillips Petroleum Co., West Pan- **14.0 14.65 Gas Act. A 9-27-68 handle Field, Hutchinson County, Tex. (C) Neither the supplement hereby CI69-335...... Grey Eagle Construction Co., Post United Fuel Gas Co., acreage in Mingo 26.0 15.325 suspended, nor the rate schedule sought A 9-30-68 Office Box 108, Hermit, W. Va. 25674. County, W. Va. to be altered thereby, shall be changed CI69-336...... Myron A. Smith, et al., 702 Fort Worth Arkansas Louisiana Gas Co., South 16.0 14.65 A 9-30-68 National Bank Bldg., Fort Worth, Panola Field, Le Flore County, until this proceeding has been disposed Tex. 76102. Okla. of or until the period of suspension has CI69-337...... Petroleum Management, Inc...... Humble Gas Transmission Co., Buck- Depleted...... B 9-26-68 ner Field, Richland Parish, La. expired, unless otherwise ordered by the CI69-338...... Charles N. Prothro, d.b.a., Perkins- Phillips Petroleum Co., Panhandle 1712.0 14.65 Commission. A 9-27-68 Prothro Co., Operator, Post Office Field, Carson and Hutchinson 1611.6 Box 2099, Wichita Falls, Tex. 76307. Counties, Tex. By the Commission. CI69-339-...... Donzoil, Inc., 412 Empire Bldg., Kansas-Nebraska Natural Gas Co., 15.0 16.4 A 9-30-68 Denver, Colo. 80202. Inc., Otis Field, Washington Coun [seal] K enneth F. Plumb, ty, Colo. CI69-340...... Helmly & Prather Oil Corp. (Oper- Northern Natural Gas Co., North- 1117.0 14.65 Acting Secretary. A 9-30-68 ator) et al., 618 Petroleum Bldg., west Lovedale Field, Harper Coun- Amarillo, Tex. 79100. ty, Okla. [F.R. Doc. 68-12653; Filed, Oct. 17, 1968; CI69-341...... Cities Service Oil Co., Cities Service Panhandle Eastern Pipe Line Co., 1119.0 14.65 8:45 a.m.] A 10-2-68 Bldg., Bartlesville, Okla. 74003. acreage in Dewey and Custer Coun ties, Okla.18 CI69-342______Sklar Producing Co., Inc., c/o John Arkansas Louisiana Gas Co. Colquitt 80 12.653 15.025 A 10-2-68 M. Shuey, attorney, 604 Johnson Field, Clairborne Parish, La. [Docket No. CP69-92] Bldg., Shreveport, La. 71101. CONSOLIDATED GAS SUPPLY CORP. I Application to amend certificate to cover additional volumes of residue gas. 8 Applicant has agreed to accept authorization containing conditions similar to those imposed by Opinion No. 468, Notice of Application as modified by Opinion No. 468-A. 8 Base rate of 14.5 cents per Mcf less 0.29 cent downward B.t.u. adjustment. O ctober 10,1968. * The properties from which sales are proposed to be abandoned will be acquired by Purchaser for use as under ground storage. Take notice that on October 3, 1968, s Dedicates gas to be purchased from Texaco, Inc. Consolidated Gas Supply Corp. (Appli 8 Includes 0.2160-cent tax reimbursement.' cant) , 445 West Main Street, Clarksburg, 7 Amendment to add acreage and amend makeup period. 8 Deletes expired leases. . t ,i ,, W. Va. 26301, filed in Docket No. CP69-92 8 Applicant requests amendment to certificate for authorization to gather and process the subject gas. The gas an application pursuant to section 7(c) will be processed in Applicant’s plant and delivered to Texas Gas Transmission Corp. undef Pan American’s FPC GRS No. 516...... ■■■■';- of the Natural Gas Act and §§ 157.23 to w Gathering charge; to be reduced to one-fourth cents Mcf after cost of gathering facilities have been recovered or 5 157.27 of the regulations thereunder for a years has elapsed from date of initial delivery, w» Compression charge per Stage. certificate of public convenience and II Subject to upward and downward B.t.u. adjustment. necessity authorizing the sale and de 18 Rate in effect subject to refund in Docket No. RI68-133. livery of natural gas as more fully set 18 Plus percentage of liquid products contained in gas. u Rate in effect subject to refund in Docket No. RI68-120. forth in the application on file with the u Less 0.4466 cent per Mcf for sour gas. Commission and open to public inspec m Includes B.t.u. adjustment. Subject to upward and downward B.t.u. adjustment. 17 Sweet gas. tion. m Sour gas. Specifically, Applicant seeks authoriza 18 Formations above the top of the Hunton Formation. 80 Subject to an estimated compression charge of 0.75 cent per Mcf when less than 800 pounds. tion to sell natural gas from certain acre age in East Atchafalaya Bay Field, St. [F.R. Doc. 68-12657; Filed, Oct. 17, 1968; 8:45 a.m.] Mary Parish, La., to Tennessee Gas Pipe line Co., a division of Tenneco Inc. (Ten nessee Gas), under a contract dated [Docket No. RP69-7] ject to refund in accordance with order September 19, 1968, between Applicant issued October 28, 1964, in Dockets Nos. ARKANSAS LOUISIANA GAS CO. and Union Producing Co. as seller and RP62-8 and RP64-7. Tennessee Gas as buyer for transporta Order Suspending Proposed Change The increased rate proposed by Ark- tion in interstate commerce for resale. in Rate and Providing for Hearing La has not been shown to be justified and Applicant has indicated East Atchafalaya may be unjust, unreasonable, unduly Bay Field* St. Mary Parish, La., will be O ctober 9,1968. discriminatory, or preferential or other the point of delivery to Tennessee Gas. Arkansas Louisiana Gas Co. (Ark-La), wise unlawful. The Applicant states that the proposed on September 5, 1968, tendered for filing The Commission finds : It is necessary sale will be made at a price of 21.25 cents Supplement 12 to its Rate Schedule and proper in the public interest and to per Mcf measured at 15.025 p.s.i.a., in XFS-2 proposing to increase the rate for aid in the enforcement of the provisions cluding all adjustments and tax reim a field sale of natural gas to Texas East of the Natural Gas Act that the Commis bursement. Applicant’s initial deliveries ern Transmission Corp. (Texas Eastern) sion enter upon a hearing concerning the are estimated to be approximately 25,361 in the producing area of Jefferson Field, lawfulness of Ark-La’s proposed change Mcf per month. Marion County, Tex. (Railroad Commis in rates, and that Supplement No. 12 to Protests or petitions to intervene may sion District No. 6). The filing, proposed Ark-La’s FPC Gas Rate Schedule XFS-2 be filed with the Federal Power Com to become effective November 1, 1968, be suspended and the use thereof de mission, Washington, D.C. 20426, in amounts to an annual increase of ap ferred as hereinafter ordered. accordance with the rules of practice proximately $9,100. The Commission orders: and procedure (18 CFR 1.8 or 1.10) and Ark-La’s Rate Schedule XFS-2 pres (A) Pursuant to the authority of the the regulations under the Natural Gas ently provides for field sales of natural Natural Gas Act, particularly sections 4 Act (§ 157.10) on or before November 7, gas to Texas Eastern at a rate of 15.6 and 15 thereof, the Commission’s rules 1968. 1 I Bj cents per Mcf which Ark-La would in of practice and procedure and the regu Take further notice that, pursuant to crease to 16.6 cents per Mcf, pursuant to lations under the Natural Gas Act (18 the authority contained in and subject periodic price escalation provisions in CFR Ch. I), a public hearing shall be to the jurisdiction conferred upon the its contract. The 15.6 cents rate under held upon a date to be fixed by notice Federal Power Commission by sections Schedule XFS-2 is being collected sub from the Secretary, concerning the law- 7 and 15 of the Natural Gas Act and FEDERAL REGISTER, VOL. 33, NO. 204— FRIDAY, OCTOBER IB , 1968 NOTICES 15497 the Commission’s rules of practice and Total estimated cost of Applicant’s tion of such company shall cease to be procedure, a hearing will be held with proposed system is stated to be $70,000, in effect, and that, if necessary for the out further notice before the Commis and will be financed entirely through protection of investors, such order may sion on this application if no protest general obligation bonds. be made upon appropriate conditions. or petition to intervene is filed within Protests or petitions to intervene may Notice is further given that any in the time required herein, if the Com be filed with the Federal Power Com terested person may, not later than No mission on its own review of the mat mission, Washington, D.C. 20426, in ac vember 12, 1968, at 5:30 p.m., submit to ter finds that a grant of the certificate cordance with the rules of practice and the Commission in writing a request for is required by the public convenience and procedure (18 CFR 1.8 or 1.10) on or a hearing on the matter accompanied by necessity. If a protest or petition for before November 4,1968. a statement as to the nature of his inter leave to intervene is timely filed, or if est, the reason for such request, and the the Commission on its own motion be G ordon M. G rant, Secretary. issues of fact or law proposed to be con lieves that a formal hearing is required, troverted, or he may request that he be further notice of such hearing will be [F.R. Doc. 68-12655; Filed, Oct. 17, 1968; notified if the Commission shall order a duly given. 8:45 aju .] hearing thereon. Any such communica Under the procedure herein provided tion should be addressed: Secretary, Se for, unless otherwise advised, it will be curities and Exchange Commission, unnecessary for Applicant to appear or Washington, D.C. 20549. A copy of such be represented at the hearing. SECURITIES AND EXCHANGE request shall be served personally or by G ordon M. G rant, COMMISSION mail (airmail if the person being served Secretary. is located more than 500 miles from the [811-1154] point of mailing) upon Caribbean at the [FJi, Doc. 68-12654; Piled, Oct. 17, 1968; 8:45 aan.J address set forth above. Proof of such CARIBBEAN CAPITAL CORP. service (by affidavit or in case of an at Notice of Filing of Application for torney at law by certificate) shall be [Docket No. CP69-91] filed contemporaneously with the re Order Declaring Company Has quest. At any time after said date, as TOWN OF TALOGA, OKLA., AND Ceased to be Investment Company provided by Rule 0-5 of the rules and PANHANDLE EASTERN PIPELINE O ctober 14, 1968. regulations promulgated under the Act, CO. an order disposing of the application Notice is hereby given that Inversiones herein may be issued by the Commission Notice of Application Internacionales, Inc. (“Inversiones”), upon the basis of the information stated on behalf of Caribbean Capital Corp. in said application, unless an order for O ctober 10,1968. (“Caribbean” ) , c/o Inversiones Inter Take notice that on October 2, 1968, hearing upon said application shall be nacionales, Inc., Post Office Box 11212, issued upon request or upon the Com the town of Taloga, Okla., Applicant, Farnandez Juncos Station, Hato Rey, filed in Docket No. CP69-91 an applica mission’s own motion. Persons who re P.R., registered as a nondiversified, quest a hearing or advice as to whether tion pursuant to section 7(a) of the Nat closed-end management investment com ural Gas Act and § 156.3(d) of the reg a hearing is ordered will receive notice pany under the Investment Company of further developments in this matter, ulations thereunder for an order of the Act of 1940 (“Act” ) , has filed an applica Commission directing Panhandle East including the date of the hearing (if or tion pursuant to section 8(f) of the Act dered) and any postponements thereof. ern Pipeline Co., Respondent, to estab for an order declaring that Caribbean lish physical connection of its trans has ceased to be an investment company For the Commission (pursuant to dele portation facilities with the facilities as defined in the Act. All interested per gated authority). proposed to be constructed by the Appli sons are referred to the application on cant and to sell and deliver to Applicant [ seal] O rval L. D tjBois, file with the Commission for a statement Secretary. volumes of natural gas for resale and of the representations contained therein distribution as more fully set forth in the which are summarized below. [F.R. Doc. 68-12664; Filed, Oct. 17, 1968; application which is on file with the 8:45 a.m.] Commission and open to public Caribbean is wholly owned by Inver inspection. siones and Inversiones, in turn, has five security holders. All of Caribbean’s assets [70-4564] Applicant proposes to construct a have been distributed, the company is municipally owned and operated natural in process of dissolution and does not DELMARVA POWER & LIGHT CO. gas distribution system for the con intend to make a public offering of its Notice of Filing of Posteffective venience and benefit of its citizens. securities. Applicant states that the proposed Amendment Regarding Issue and Section 3(c)(1) of the Act excludes Sale of Notes to Banks and to connection is an initial connection of a from the definition of an investment new system and facilities with a pipe company any issuer whose outstanding Dealer in Commercial Paper and line and that at present all domestic, securities are beneficially owned by not Exemption From Competitive Bid institutional, commercial, and industrial more than 100 persons and which is not ding users must secure their heating needs making and does not presently propose O ctober 14. 1968. through use of liquefied petroleum, fuel to make a public offering of its securities. Notice is hereby given that Delmarva oil, or electricity. Applicant’s natural gas Beneficial ownership by a company shall service will not exceed 2,000 Mcf per day Power & Light Co. (“Delmarva” ), 600 be deemed to be beneficial ownership by Market Street, Wilmington, Del. 19899, a and will serve only a single community. one person; except that, if such company Applicant proposes to begin resale registered holding company, has filed owns 10 percent or more of the outstand with this Commission, pursuant to sec immediately after completion and ac ing voting securities of the issuer, the ceptance of the system. tion 6(b) of the Public Utility Holding beneficial ownership shall be deemed to Company Act of 1935 (“Act” ) and Rule Estimated peak day and annual vol be that of the holders of such company’s 50(a) (5) promulgated thereunder, a umes required by the community is as outstanding securities. follows: posteffective amendment to the applica Section 8(f) of the Act provides, in tion in this matter. All interested per pertinent part, that when the Commis sons are referred to the application as First Second Third sion, upon application, finds that a now amended, which is summarized be year year year registered investment company has low, for a complete statement of the pro ceased to be an investment company, it posed transactions. Annual (Mcf) 25,666 26,475 Peak day (Mcf),. 263 272 shall so declare by order, and upon the By order dated December 28, 1967 taking effect of such order, the registra (Holding Company Act Release No. FEDERAL REGISTER, VOL. 33, NO. 204— FRIDAY, OCTOBER 18, 1968 15498 NOTICES 15933), the Commission authorized the should be filed with the request. At any hearing be held on such matter, stating issue and sale by Delmarva of notes to time after said date, the application, as the nature of his interest, the reasons for banks and to a dealer in commercial now amended or as it may be further such request, and the issues of factor law paper. Delmarva proposes to increase its amended, may be granted as provided in raised by said declaration which he de permissible borrowings from the issuance Rule 23 of the general rules and regula sires to controvert; or he may request and sale of unsecured short-term notes tions promulgated under the Act, or the that he be notified if the Commission to banks and to the commercial paper Commission may grant exemption from should order a hearing thereon. Any such dealer from the present $15 million lim such rules as provided in Rules 20(a) request should be addressed: Secretary, itation to $19 million at any one time and 100 thereof or take such other action Securities and Exchange Commission, outstanding, generally under the same as it may deem appropriate. Persons who Washington, D.C. 20549. A copy of such terms, conditions, and limitations stated request a hearing or advice as to whether request should be served personally or by in its original application. Delmarva now a hearing is ordered will receive notice mail (airmail if the person being served proposes to issue and sell short-term of further developments in this matter, is located more than 500 miles from the notes to the commercial paper dealer in including the date of the hearing (if point of mailing) upon the declarant at an aggregate amount not to exceed $9 ordered) and any postponements thereof. the above-stated address, and proof of million at any one time outstanding, an For the Commission (pursuant to del service (by affidavit or, in case of an increase of $1 million over the amount egated authority)./ attorney at law, by certificate) should be previously authorized. The combined ag filed with the request. At any time after gregate amount of short-term notes is [seal] O rval L. DuB ois, said date, the declaration, as filed or as sued to banks and to the commercial Secretary. it may be amended, may be permitted paper dealer will not exceed $19 million [F.R. Doc. 68-12665; Filed, Oct. 17, 1968; to become effective as provided in Rule at any one time outstanding. Delmarva 8:45 a.m.] 23 of the general rules and regulations requests that the exemption from the promulgated under the Act, or the Com provisions of section 6(a) of the Act af mission may grant exemption from such forded to it by the first sentence of sec [70-4682] rules as provided in Rules 20(a) and 100 tion 6(b) thereof, relating to the issue MISSISSIPPI POWER CO. thereof or take such other action as it and sale of short-term notes, be increased may deem appropriate. Persons who re until December 31, 1968, from 5 percent Notice of Proposed Issue and Sale of quest a hearing or advice as to whether to approximately 9.3 percent of the prin Preferred Stock at Competitive Bid a hearing is ordered, will receive notice cipal amount and par value of the other ding and Proposed Amendment of of further developments in this matter, securities of the company at the time Bylaws including the date of the hearing (if outstanding. ordered) and any postponements thereof. Borrowings of up to said $19 million to O ctober 14, 1988. finance a part of Delmarva’s 1967-68 For the Commission (pursuant to dele Notice is hereby given that Mississippi gated authority). construction program would be consum Power Co. (“Mississippi” ) , 2500 14th mated only when qnd as required and Street, Gulfport, Miss. 39501, an electric- [ seal] O rval L. D uBois, would mature on various dates prior to utility subsidiary company of The South Secretary. January 1, 1969. Delmarva had out ern Co., a registered holding company, [F.R. Doc. 68-12666; Filed, Oct. 17, 1968; standing on September 30, 1968, a total has filed a declaration with this Com 8:45 a.m.] of $12 million in unsecured short-term mission, pursuant to the Public Utility notes issued under the Commission’s pre Holding Company Act of 1935 (“Act” ), vious order in this proceeding, $8 million designating sections 6(a) and 7 of the PARAMOUNT GENERAL CORP. of which has been issued and sold Act and Rule 50 promulgated thereunder Order Suspending Trading through a commercial paper dealer and as applicable to the proposed transac O ctober 14, 1968. the remaining $4 million to commercial tions. All interested persons are referred banks. Delmarva proposes to sell $25 to the declaration, which is summarized It appearing to the Securities and Ex million of its first mortgage and collat below, for a statement of the proposed change Commission that the summary eral trust bonds due November 1, 1998, transactions. suspension of trading in the common at competitive bidding on October 28, Mississippi proposes to issue and sell, stock of Paramount General Corp., Los 1968 (Holding Company Act Release No. subject to the competitive bidding re Angeles, Calif., and all other securities 16170). It is anticipated that the bank quirements of Rule 50 under the Act, of Paramount General Corp. being loans and commercial paper will be re 50,000 shares of its cumulative preferred traded otherwise than on a national se paid from the proceeds of the sale of stock, par value $100 per share. The curities exchange is required in the the bonds. dividend rate of the preferred stock public interest and for the protection of It is represented that no State com (which will be a multiple of 0.04 percent investors: mission and no Federal commission, and the price to be paid to Mississippi It is ordered, Pursuant to section other than this Commission, has juris (which will be not less than $100 nor 15(c) (5) of the Securities Exchange Act diction over the proposed transactions. more than $102.75 per share) will be de of 1934, that trading in such securities Notice is further given that any in termined by the competitive bidding. It otherwise than on a national securities terested person may, not later than Oc is further proposed that Mississippi’s by exchange be summarily suspended, this tober 31, 1968, request in writing that a laws be amended to allow for and to es order to be effective for the period Oc hearing be held on such matter, stating tablish the terms of and provisions re tober 15, 1968, through October 24, 1968, the nature of his interest, the reasons lating to the preferred stock. both dates inclusive. for such request, and the issues of fact or The proceeds from the sale of the pre By the Commission. law raised by said posteffective amend ferred stock will be applied by Mississippi ment to the application which he desires to reduce short-term bank loans incurred [seal] O rval L. D uBois, to controvert; or he may request that for construction purposes, which bank Secretary. he be notified if the Commisison should loans are expected to be $7,500,000 at [F.R. Doc. 68-12667; Filed, Oct. 17, 1968; order a hearing thereon. Any such re December 31,1968, and $6 million at De 8:45 a.m.] quest should be addressed: Secretary, cember 31,1969. Securities and Exchange Commission, It is stated that no State or Federal [812-2307] Washington, D.C. 20549. A copy of such commission, other than this Commission, request should be served personally or has jurisdiction over the proposed trans TECHNICAL FUND, INC by mail (airmail if the person being actions. The fees and expenses to be paid Notice of Filing of Application for served is located more than 500 miles in connection with the proposed trans Exemption from the point of mailing) upon the ap actions are to be supplied by amendment. plicant at the above-stated address, and Notice is further given that any inter O ctober 14, 1968. proof of service (by affidavit or, in case ested person may, not later than Novem Notice is hereby given that Technical of an attorney at law, by certificate) ber 5, 1968, request in writing that a Fund, Inc. (“Applicant” ) , 33 Broad FEDERAL REGISTER, VOL. 33, NO. 204— FRIDAY, OCTOBER 18, 1968 NOTICES 15499 Street, Boston, Mass. 02109, an open- 17d-l are necessary before Securities may or upon the Commission’s own motion. end diversified investment company reg sell to Applicant one-half of the Docktor Persons who request a hearing or advice istered under the Investment Company shares it purchased from Docktor’s prin as to whether a hearing is ordered, will Act of 1940, 15 U.S.C. section 80a-l et. cipal underwriter. receive notice of further developments seq. (“Act” ) , has filed an application Applicant states that the Docktor’s in this matter, including the date of the for an order pursuant to sections 17(b) shares have been selling at a price above hearing (if ordered) and any postpone and 17(d) of the Act and Rule 17d-l $10 and that for this and other reasons ments thereof. thereunder exempting from the provi Applicant concludes that the terms of sions of section 17 (a) of the Act, and per the proposed transaction are reasonable For the Commission (pursuant to dele mitting pursuant to section 17(d) of the and fair, do not involve overreaching on gated authority). Act, the sale to Applicant by Securities the part of either party, and that the [ seal] O rval D u B o is , Planners Associates, Inc. (“Securities” ) , proposed transaction is consistent with Secretary. the distributor of Applicant’s shares and its investment policy and with the gen [F.R. Doc. 68-12668; Filed, Oct. 17, 1968; investment adviser to Applicant, of a eral purposes of the Act. 8:46 a.m.] part of the shares of Docktor Pet Centers, The trustees of Securities’ Profit- Inc. (“Docktor” ), owned by Securities. Sharing Plan have filed an undertaking All interested persons are referred to the that so long as Applicant shall own any application on file with the Commission Docktor securities, the trustees will not for a statement of Applicant’s repre dispose of securities of Docktor owned by INTERSTATE COMMERCE sentations which are summarized below. the trustees. On June 11,1968, Securities purchased Securities has undertaken that so long COMMISSION 5,000 common shares of no par value as Applicant shall own any securities of FOURTH SECTION APPLICATIONS stock in Docktor from Docktor’s prin Docktor, Securities will not dispose of cipal underwriter, A. Lomasney and Co., any securities of Docktor which Securi FOR RELIEF at a price of $4.80 per share. Docktor’s ties owns and that so long as Securities O ctober 15, 1968. shares were sold to the public at $5 per owns any Docktor securities neither Se Protests to the granting of an appli share. If the application is granted Se curities nor any of its directors, officers, cation must be prepared in accordance curities proposes to sell to Applicant or employees will recommend the acqui with Rule 1100.40 of the general rules of 2,500 of these shares at a price of $4.80 sition of Docktor securities to Applicant practice (49 CFR 1100.40) and filed per share. Securities has previously or any other registered investment com within 15 days from the date of publica sold 900 of the Docktor shares to thè pany of which Securities shall become tion of this notice in the F ederal trustees of Securities’ Profit-Sharing an investment adviser, unless Securities R egister. Plan. notifies the staff of the Commission with Section 17(a) of the Act, as here per in 30 days prior to such disposition or L ong- a n d -S horT H a u l tinent, prohibits an affiliated person of acquisition, subject to the right of the FSA No. 41471—Iron or steel skelp to a registered investment company, or an staff to reduce such notice period on re Houston, Tex. Filed by Southwestern affiliated person of such affiliated per quest of Securities, and if, within 25 days Freight Bureau, agent (No. B-9120), for son, from selling to such registered in of receipt of such notice the staff shall interested rail carriers. Rates on skelp, vestment company any security or other notify Securities that a substantial ques iron or steel, in carloads, from New Bos property. The Commission, upon appli tion exists whether the action proposed ton and Portsmouth, Ohio, to Houston, cation pursuant to section 17(b) of the is appropriate, Securities will not effect Tex. Act, may grant an exemption from the such disposition and neither Securities Grounds for relief—Water compe provisions of section 17(a) after finding nor any director, officer, or employee of tition. that the terms of the proposed trans Securities shall cause or participate in Tariff—Supplement 81 to Southwest action are reasonable and fair and do causing an acquisition pursuant to such ern Freight Bureau, agent, tariff ICC not involve overreaching and that the recommendation unless Securities files an 4753. proposed transaction is consistent with application under the Act and the Com FISA No. 41472—Soda ash from Salt- the policy of the registered investment mission has entered an order permitting ville, Va. Filed by O. W. South, Jr., agent company and the general purposes of the such disposition or acquisition. (No. A6059), for interested rail carriers. Act. Notice is further given that any inter Rates on soda ash, in bulk, in covered Section 17(d) of the Act and Rule ested person may, not later than Novem hopper cars, in carloads, from Saltville, 17d-l thereunder, taken together, pro ber 4, 1968, at 5:30 p.m., submit to the Va., to Chattanooga and Tyner, Term. vide, among other things, that it shall Commission in writing a request for a Grounds for relief—Market compe be unlawful, with certain exceptions not hearing on the matter accompanied by tition. applicable here, for an affiliated person a statement as to the nature of his in Tariff—Supplement 129 to Southern of a registered investment company or terest, the reason for such request and Freight Association, agent, tariff ICC an affiliated person of such a person, the issues of fact or law proposed to be S-517. controverted, or he may request that he acting as principal, to participate in, or By the Commission. effect any transaction in connection with be notified if the Commission shall order a hearing thereon. Any such communi [ seal] H. N eil G arson, any joint enterprise or arrangement in cation should be addressed: Secretary, which any such registered company is a .Secretary. Securities and Exchange Commission, participant unless an application re [F.R. Doc. 68-12689; Filed, Oct. 17, 1968; Washington, D.C. 20549. A copy of such 8:47 a.m.] garding such arrangement has been request shall be served personally or by granted by the Commission, and that, in Passing upon such an application, the mail (airmail if the person being served is located more than §00 miles from the [Notice 712] commission will consider whether the point of mailing) upon Applicant at the Participation of such registered company address stated above. Proof of such serv MOTOR CARRIER TEMPORARY in such arrangement is consistent with ice (by affidavit or in case of an attorney AUTHORITY APPLICATIONS the provisions, policies and purposes of at law by certificate) shall be filed con O ctober 15, 1968, and the extent to which such temporaneously with the request. At any Participation is on a basis different from time after said date, as provided by Rule The following are notices of filing of or less advantageous than that of other applications for temporary authority Participants. 0-5 of the rules and regulations promul gated under the Act, an order disposing under section 210a(a) of the Interstate Securities is an affiliated person of Ap of the application herein may be issued Commerce Act provided for under the plicant by reason of its position as in by the Commission upon the basis of the new rules of Ex Parte No. MC-67 (49 vestment adviser to Applicant, and, information stated in said application, CFR Part 340), published in the F ederal therefore, the requested orders pursuant R egister, issue of April 27, 1965, effective unless an order for hearing upon said July 1, 1965. These rules provide that to sections 17(b) and 17(d) and Rule application shall be issued upon request protests to the granting of an application FEDERAL REGISTER, VOL. 33, NO. 204— FRIDAY, OCTOBER 18, 1968 No. 204— pt. i ----- a 15500 NOTICES must be filed with the field official named Commission, Bureau of Operations, T~ ities in bulk, such as acetone, methanol, in the F ederal R egister publication, 4009 Federal Building, 701 Loyola Ave isopropyl acetate, ethyl acetate, benzena, within 15 calendar days after the date of nue, New Orleans, La. 70113. methylene chloride, toluene, xylene, hex notice of the filing of the application is No. MC 119880 (Sub-No. 25 TA), filed ane, muriatic acid, liquid caustic soda, published in the F ederal R egister. One October 11, 1968. Applicant: DRUM poultry feeds, poultry feed ingredients, copy of such protest must be served on TRANSPORT, INC., 616 Chicago Street, livestock feeds, and livestock feed in the applicant, or its authorized repre Box 2056, East Peoria, HI. 61611. Appli gredients, from points in Dade, Broward, sentative, if any, and the protests must cant’s representative: B. N. Drum (same and Palm Beach Counties, Fla., to Palm certify that such service has been made. address as above). Authority sought to Beach and Riviera Beach, Fla., transport The protests must be specific as to the operate as a common carrier, by motor ing damaged and rejected shipments on service which such protestant can and vehicle, over irregular routes, transport return. Restricted to traffic having an will offer, and must consist of a signed ing: Alcoholic liquors, in bulk, in tank immediate prior or subsequent movement original and six (6) copies. vehicles, from Pekin, 111., to Baltimore, by water, for 180 days. Supporting ship A copy of the application is on file, and Md., and from Toledo, Ohio, Chicago, pers: F. H. Ross & Co., 200 Northeast can be examined at the Office of the 111., and New Orleans, La., to Peoria, HI., 181st Street, North Miami Beach, Fla. Secretary, Interstate Commerce Com San Francisco and Burlingame, Calif., 33162; J. & L. Feed and Supply, Post mission, Washington, D.C., and also in for 180 days. Supporting shippers: Hiram Office Box 568, Dania, Fla.; Bahamas the field office to which protests are to be Walker & Sons, Inc., Peoria, HI. 61601; Poultry Co., Ltd., Post Office Box 137, transmitted. Joseph E. Seagram & Sons, Inc., 375 Park Freeport, Grand Bahama, Bahamas; M otor C arriers of Property Avenue, New York, N.Y. 10022. Send pro Syntex Corp., Post Office Box 330, Free tests to: Raymond E. Mauk, District port, Grand Bahama Island. Send pro No. MC 95540 (Sub-No. 735 TA ), filed Supervisor, Interstate Commerce Com tests to: District Supervisor Joseph B. October 11, 1968. Applicant: WATKINS mission, Bureau of Operations, U.S. Teichert, Interstate Commerce Commis MOTOR LINES, INC., 1120 West Griffin Courthouse, Federal Office Building, sion, Bureau of Operations, Room 1226, Road, Lakeland, Fla. 33801. Applicant’s Room 1086, 219 South Dearborn Street, 51 Southwest First Avenue, Miami, Fla. representative: Paul E. Weaver (same Chicago, HI. 60604. 33130. address as above). Authority sought to No. MC 124692 (Sub-No. 55 T A ), filed No. MC 129667 (Sub-No. 3 TA), filed operate as a common carrier, by motor October 11, 1968. Applicant: SAMMONS October 9, 1968. Applicant: LONI-JO vehicle, over irregular routes, transport TRUCKING, Post Office Box 933, Mis TRUCKING CORP., 700 East Gate ing: Textiles and textile products, from soula, Mont. 59801. Applicant’s repre Boulevard South, Garden City, N.Y. East Greenwood, S.C., to Anadarko, sentative: Gene P. Johnson, 502 First 11530. Applicant’s representative: Ar Okla., for 180 days. Supporting shipper: National Bank Building, Fargo, N. Dak. thur Liberstein, 160 Broadway, New Monsanto Co., 800 North Lindbergh 58102. Authority sought to operate as a York, N.Y. 10038. Authority sought to Boulevard, St. Louis, Mo. 63166. Send common carrier, by motor vehicle, over operate as a contract carrier, by motor protests to: District Supervisor Joseph B. irregular routes, transporting: Dry fer vehicle, over irregular routes, transport Teichert, Interstate Commerce Commis tilizer and dry fertilizer ingredients, from ing: Such commodities as are dealt in sion, Bureau of Operations, Room 1226, (1) Pine Bend and Savage, Minn., and by retail supermarkets and equipment 51 Southwest First Avenue, Miami, Fla. Minot, N. Dak., to "points in Montana on and supplies used in the operation 33130. and east of U.S. Highway 91; (2) from thereof, between points in the New York, No. MC 118806 (Sub-No. 8 TA), filed Minot, N. Dak., to points in South Da N.Y., commercial zone and the facilities October 11, 1968. Applicant: ARNOLD kota, for 180 days. Supporting shipper: of Waldbaum’s, Inc., in Garden City BROS. TRANSPORT, LTD., 1101 Daw Northwest Nitro-Chemicals Sales, Ltd., (Nassau County), N.Y., under continuing son Road, Winnipeg 6, Manitoba, Room 1828, Soo Line Building, Fifth and contract with Waldbaum’s, Inc., for 150 Canada. Applicant’s representative: F. E. Marquette, Minneapolis, Minn. 55402. days. Supporting shipper: Waldbaum’s, Arnold (same address as above). Au Send protests to: Paul J. Labane, Dis 700 East Gate Boulevard South, Garden thority sought to operate as a common trict Supervisor, Interstate Commerce City, N.Y. 11532. Send protests to: E. N. carrier, by motor vehicle, over irregular Commission, Bureau of Operations, 251 Carignan, District Supervisor, Interstate routes, transporting: Treated poles and U.S. Post Office Building, Billings, Mont. Commerce Commission, Bureau of Op posts, from ports of entry on the United 59101. erations, 26 Federal Plaza, New York, States-Canadian international boundary No. MC 126758 (Sub-No. 2 TA), filed N.Y. 10007. line located in Minnesota and North Da October 9, 1968. Applicant: EUGENE J. No. MC 133140 (Sub-No. 1 TA), filed kota to points in Illinois, Kansas, and GLOSIER AND LEROY F. SOMMER, a October 11, 1968. Applicant: ROY Nebraska, for 180 days. Supporting partnership, doing business as GLOSIER KOTHENBEUTEL AND LUVERNE shipper: Domtar Chemicals Ltd., Wood KOTHENBEUTEL, a partnership, doing Preserving Division, Room 610, 110 12th SERVICE CO., Post Office Box 366, St. Charles, Mo. 63301. Authority sought to business as ROCHESTER CITY DELIV Avenue SW., Calgary, Alberta, Canada. ERY, 521 North Broadway, Rochester, Send protests to: J. H. Ambs, District operate as a contract carrier, by motor vehicle, over irregular routes, transport Minn. 55901. Applicant’s representative: Supervisor, Interstate Commerce Com A. R. Fowler, 2288 University Avenue, St. mission, Bureau of Operations, 1621 ing: Corrugated steel pipe, plain, gal vanized, or asphalt coated, with fittings Paul, Minn. 55114. Authority sought to South University Drive, Room 213, operate as a contract carrier, by motor Fargo, N. Dak. 58102. and accessories, from plantsite of Armco Steel Corp., Topeka, Kans., to points in vehicle, over irregular routes, transport No. MC 112248 (Sub-No. 2 TA), filed St. Charles County, Mo., for 180 days. ing: Such commodities as are dealt in October 9, 1968. Applicant: ALL STATE Supporting shipper: Armco Steel Corp., by retail department stores, between the TRUCK LINES, INC., 474 North Foster Middletown, Ohio 45042, Attention: C. W. sites of the retail store and warehouses Drive, Baton Rouge, La. 70806. Authority Hall. Send protests to: J. P. Werthmann, of The Dayton Co. at Rochester, Minn., sought to operate as a common carrier, District Supervisor, Bureau of Opera on the one hand, and, on the other, points by motor vehicle, over irregular routes, tions, Interstate Commerce Commission, in Iowa on, east and north of a line ex transporting: Steel waste disposal con Room 3248,1520 Market Street, St. Louis, tending from the Iowa-Minnesota State tainers, from Baton Rouge, La., to Fort Mo. 63103. line over U.S. Highway 169 to its junc Bragg, N.C., Fort Hood, Fort Sam tion with U.S. Highway 20 at or near Fort Houston, and Fort Bliss, Tex., Fort No. MC 127227 (Sub-No. 5 TA), filed October 9, 1968. Applicant: BIRDSALL Dodge, Iowa, thence over U.S. Highway Chaffe, Ark., Fort Sill, Okla., and Fort 20 to Dubuque, Iowa, and points in Wis Polk, La., with no return movement ex CONSTRUCTION COMPANY, 821 Av enue E, Riviera Beach, Fla. 33404. Appli consin on, west and south of a line ex cept damaged or rejected steel waste dis tending from the Mississippi River, near posal containers, for 180 days. Support cant’s representative: J. Edward Allen, Post Office Box 1086, Jacksonville, Fla. Dubuque, Iowa, over U.S. Highway 61 to ing shipper: BryMax, Inc., Suite 118, Westby, Wis., thence over Wisconsin 1926 Wooddale Boulevard, Baton Rouge, 32201. Authority sought to operate as a Highway 27 to Osseo, Wis., thence over La. Send protests to: W. R. Atkins, Dis common carrier, by motor vehicle, over U.S. Highway 10 to Prescott, Wis., for trict Supervisor, Interstate Commerce. irregular routes, transporting: Commod 180 days. Supporting shipper: The Day- FEDERAL REGISTER, VOL. 33, NO. 204— FRIDAY, OCTOBER 18, 1968 NOTICES 15501 ton Co., Rochester, Minn. 55901. Send son may file a petition seeking recon Pomona, and Claremont, Calif., and ma protests to: District Supervisor A. N. sideration of the following numbered chinery, from Pomona to Los Angeles Spath, Interstate Commerce Commis proceedings within 20 days from the date and Los Angeles Harbor, Calif. Lynn D. sion, Bureau of Operations, 448 Federal of publication of this notice. Pursuant to Crandall, 1100 Glendon Avenue, Suite Building and U.S. Courthouse, 110 South section 17(8) of the* Interstate Com 2034, Los Angeles, Calif. 90024, attorney Fourth Street, Minneapolis, Minn. 55401. merce Act, the filing of such a petition for applicants. No. MC 133226 TA, filed October 9, will postpone the effective date of the No. MC-FC-70834. By order of Octo 1968. Applicant: TENNIS HAROLD, do order in that proceeding pending its ber 9,1968, the Transfer Board approved ing business as TENNIS TRANSFER disposition. The matters relied upon by the transfer to H. J. Russell’s Inc., Vestal, AND STORAGE CO., 1153 Commercial petitioners must be specified in their N.Y., of certificate in No. MC-35677, is Avenue, Oxnard, Calif. 93030. Applicant’s petitions with particularity. sued April 19, 1956, to Serafini Construc representative: Earnest D. Salm, 3846 No. MC-FC-70797. By order of Octo tion Co., Inc., Binghamton, N.Y., author Evans Street, Los Angeles, Calif. 90027. ber 11, 1968, the Transfer Board ap izing the transportation of: Sand, gravel, Authority sought to operate as a com proved the transfer to Fayette Chemical crushed stone, bituminous road building mon carrier, by motor vehicle, over ir Co., Wood Ridge, N.J., of the operating materials, and road building machinery, regular routes, transporting: Household rights in permits Nos. MC-124886, MC- equipment and supplies, between Bing goods, as defined by the Commission, 124886 (Sub-No. 1), MC-124886 (Sub-No. hamton, Willow Point, and Chenango between points in the Los Angeles Har 2), MC-124886 (Sub-No. 3), MC-124886 Bridge, N.Y., on the one hand, and, on bor, Calif., commercial zone, as defined (Sub-No. 6), MC-124886 (Sub-No. 7), the other, points in New York, and Penn by the Commission, on the one hand, MC-124886 (Sub-No. 9), and MC-124886 sylvania within 80 miles of Binghamton. and, on the other, points in Santa Bar (Sub-No. 10) issued November 1, 1965, Thomas L. Nestor II, 14 Washington bara and Ventura Counties, Calif.; be November 1, 1965, November 1, 1965, Avenue, Endicott, N.Y. 13760, attorney tween Oxnard, Calif., on the one hand, July 16, 1965, October 11, 1965, Decem for applicants. and, on the other, points in Los Angeles ber 27, 1965, September 22, 1966, and County, Calif.; between points in Santa February 21, 1967, respectively, to Philip [ seal] h . Neil G arson, Barbara and Ventura Counties, Calif.; Picariello, doing business as P & F Car Secretary. .between China Lake, Calif., on the one riers, Saddle Brook, N.J., authorizing the [F.R. Doc. 68-12691; Filed, Oct. 17, i968; hand, and, on the other, points in Kern transportation, over irregular routes, of 8:48 a.m.] County, Calif., for 180 days. Supporting nitrocellulose solutions from Newark and shipper: Jet Forwarding Inc., 2945 Co Wood Ridge, N.J., to Alexandria, Va., lumbia Street, Torrance, Calif. 90503. Chamblee, Ga., Cleveland, Ohio, Lan Send protests to: District Supervisor caster, Pa., Lowville and Syracuse, N.Y., Title 2— THE CONGRESS John E, Nance, Bureau of Operations, Bedford, Mass., and Delaware and Cleve Interstate Commerce Commission, Room land, Ohio, from Wood Ridge, N.J., to ACTS APPROVED BY THE PRESIDENT 7708, Federal Building, .300 North Los Chicago, HI., High Point, N.C., and Can E ditorial Note: After the adjourn Angeles Street, Los Angeles, Calif. 90012. ton and Medina, Ohio, and from Chicago, ment of the Congress sine die, and until By the Commission. 111., to Delaware, Ohio, Chamblee, Ga., all public acts have received final Presi and Detroit, Mich., and resins from New dential consideration, a listing of public [seal]- - H. Neil G arson, ark, N.J., to Canton and Medina, Ohio, laws approved by the President will ap Secretary. and from Newark and Wood Ridge, N.J., pear in the daily Federal R egister under [F.R. Doc. 68-12690; Filed, Oct. 17, 1968; to Alexandria, Va., Chamblee, Ga., Cleve Title 2—The Congress. A consolidated 8:47 a.m.] land, Ohio, Lancaster, Pa., Lowville and listing of the new acts approved by the Syracuse, N.Y., and New Bedford, Mass., President will appear in the Daily Digest for named shippers. George A. Olsen, 69 [Notice 230] in the final issue of the Congressional Tonnele Avenue, Jersey City, N.J. 07306; Record covering the 90th Congress, representative for applicants. MOTOR CARRIER TRANSFER Second Session. PROCEEDINGS No. MC-FC-70828. By order of Octo ber 8, 1968, the Transfer Board approved Approved October 16, 1968 O ctober 15,1968. the transfer to Waldon Camall, Inc., Pomona, Calif., of the certificate in No. H.R. 18366------Public Law 90-576 Synopses of orders entered pursuant Vocational Education Amendments of to section 212(b) of the Interstate Com MC-73538, issued October 14, 1949, to 1968. merce Act, and rules and regulations Waldon Carnell, Inc. (name changed to S. 3769— ------Public Law 90-575 prescribed thereunder (49 CFR Part W. J. Trucking, Inc.), Pomona, Calif., Higher Education Amendments of 1132), appear below : authorizing the transportation of: Lum 1968. As provided in the Commission’s spe ber, from Los Angeles and Los Angeles S. 698------Public Law 90-577 Intergovernmental Cooperation Act of cial rules of practice any interested per Harbor, Calif., to La Verne, San Dimas, 1968. FEDERAI REGISTER, V O L 33, NO. 204— FRIDAY, OCTOBER Î8 , 1968 15502 FEDERAL REGISTER CUMULATIVE LIST OF PARTS AFFECTED— OCTOBER The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published to date during October. 3 CFR Page 7 CFR— Continued Page 14 CFR— Continued Page P roclamations: P roposed R ules— Continued P roposed R ules— Continued 3872 ______14617 980. ____ _ 15432 241------14717 3873 ______14695 982_ 15125, 15215 288------14785 3874 ______14859 984. _____ 15254 296a ------15260 3875 ______14941 1004 _____ 15215 302- 14717,14723 3876 ______15049 1009 14784, 15069 399_ ------14717 3877 ______15275 1033 _____ 15254 3878 ______15327 1036 14784, 15069 15 CFR See Proc. 3879 15329 1097 _____ 15433 7______— 14642 3879 ______15329 1104 14884, 15256 1000______15158 Executive O rders: 1108 _____ 14886 16 CFR March 8,1920 (revoked in part 8 CFR by PLO 4529)______14882 13______15016- April 17,1926 (revoked in part 103______- ______15200 15020, 15061-15065, 15110, 15278, by PLO 4529)______14882 204______15200 15279,15414,15415. 11431______14697 238______15200 15_____ 14637,15020, 15021,15199,15200 245______15021 5 CFR 9 CFR P roposed R ules: 213 14777, 14876, 15331 78______14700 247______14648 550 _____ 15199,15471 83______15108 310______15475 17 CFR Proposed R ules: 7 CFR 230______—, 14638 2 6 ______14619 311 15433 318 15027 P roposed R ules: 51______—— 14620 239. 14652 52______15199 240. 14652 101______14699 12 CFR 1______15335 249. 14652 210____ 15243 270 15262 220______- ______15107 217______15408 225______15405 329______15408 18 CFR 318______14621 563______15277 2___ X__ 14943 362______15294 P roposed R ules: 722______15405, 15406 14______14943 204______14648 154____ _ 14638 777______14676 217______14648 850______j_____ 14624 157_____ 14638 226______— 15506 401_____ 15336 855______14699 541______15262 864______— 15013 545______15262 874______14876 19 CFR 905______15243, 15294 13 CFR 4 ______^______15021 907______15471 5 ______15022 909 ______!__ 15295 101______:______- _____ 15475 6 ______15022 121______15477 910 ______14943, 15244 8______14958 947 ______15295 16______15111 948 ______15052 14 CFR 989______14777, 15331 25______15410 24_____ 15022 1033______15407 39______14636, 1062______14625, 15107 14777, 14778, 14861, 14943, 15200, 21 CFR 1071______15107 15244,15410,15411. l —. ______15023,15113,15280 1104______15473 71______14701, 8_ _ . ______15280 1108______15474 14778, 14861, 14862, 15108, 15109, 18— ______14640 1133______15108 15245,15412. 120. ______14640,15024 1425______15475 75_____ - ______14701 121. 15113, 15114,15281,15415,15416 1427______.15015 95______15245,15412 130. ____ 15023 _ 15282 1443—______15331 97______14862,15001,15051,15201 141. 103____ l.______14876,14935,15412 ______15H3 1488______15052,15408 144. 291______15212 146. ___ 15023 P roposed R ules: __ 14818 399______15413 301. ___ 148ig 53______15482 302. 68______15432 P roposed R ules: 303. _ 14826 319______15253 37 _ 15344 305. __ 14827 362______15214 39—I—I—II—I I 148^7,15125' 15219 306. _ 14828 725______15481 71______14647, 307. — _ 14828 815______—...... 15027 14716, 14785, 14887, 15069, 15125, - _ 24836 315. — - ______J4836 907 _ 14710 15126,15259,15260,15434. 316. 908 _____ —______14714 73______15126 319. I—II—III—— __ 14841 919____ - ______15343 151______14887, 15435 ______14842, 14880 932______15253 Ch. II______15260 320. 947______14970 207______—______14888 Proposed R ules: 211______14717 46______15126 959______15214 14647 966______15343 225—______15220,15346 121______FEDERAL REGISTER 15503 2 i CFR— C ontinued Page 32 CFR-—Continued Page 43 CFR— Continued Page Proposed Rules—Continued 870______— ______14957 P ublic Land O rders—Continued 138______- ______15219 873______14957. 4210 (revoked in part by PLO 141b______- ______15433 881_—______15247 4524)____ 14880 146b______- 15433 887-______15404 4270 (corrected )______15251 888____ 15404 4524— ------14880 907______14958 23 CFR 4525 ------14881 4526------:______14881 217____ ——:— - . ____ 14636 32A CFR 14964, 15065 4527 ------14881 255----- BDSA (Ch. V I): 4528 ------14881 Proposed Rules: M-43A..... 15285 4529 ------— 14882 255______15028, 15029 4530— ------—— ______— 14883 275______14971 33 CFR 4531— ------14883 67______15285 4532______— 14883 24 CFR 117____ 15025 4533— — __ 14883 _____ 15114 4534— ______— ______14959 81______14779 36 CFR Proposed R ules: 201______—— _ _ _ 15478 1720— ______14709 14880, 15212 2 1 ______14641 221__ ——— 400______15379 2220______14784 iooo_____ ———; _____ 14880 1500______14953 P roposed R u l e s : 7______14710, 15297 45 CFR 25 CFR 37 CFR 73------15290 Ch. I______15067 P roposed R ules : _ __ 14640 P roposed R u l e s : 131____ . 280------15482 Proposed Rules: 1______15218 151______15429 46 CFR 255______15431 38 CFR 31— ----- 14703 0— ______—______14780 26 CFR 71------14703 3______.______15285, 15286 91______14703 i______——. __ —_ 14779 Proposed R ules: 301—_____ — . ___ 14779 39 CFR 536------— ______15221 Proposed Rules: 125______14780 1______—i —. 14707, 14709, 15027 154 ___ 15416 155 ______15416 47 CFR 27 CFR 161______—— 15416 0— ------15290 4_ . _____ 15024 916______*______15026 73 ------14703, 955— ___¿1'______15286 15067, 15068, 15291, 15292, 15417 23 CFR 74 ------15417 45______14780 41 CFR 81— — ______14705 5A-72 — ______— 15340 83------14705 29 CFR 5A-73______15340 85— ------— „ 14705 1510____ _I—i.——. _____ 15284 8-2______— ______— 14780 Proposed R ules: 8-3______— ______14701 73______14889,15029, 15069, 15261 30 CFR 8-7------— ___ 14701 74_------— ______„ 15072 8-8______14701 87------— 14724 .—— 15478 8- 16—______14702 9- l______— i — 15250, 15289 31 CFR 9-5— ______——— ____ 15289 49 CFR 257_____ 14644, 15213 9-7------15250 171 ____— ____ —— ______14920 Proposed Rules: 12-3___ 15112 172 ____— ______— „ 14920 101-26______.______14958 209 —___ 15426 173— ______14920 P roposed R u l e s : 174______— — 14931 32 CFR 50-201—______14971 175— ______— ______:- 2- i 14932 1 ...... 50-204.______15028, 15297 2 ______177______— ____ 14933 3_...... | 42 CFR 178— ______„ ______— — 14934 4— 81—__— ______— ______14645 1033— i_ 14706, 14959, 15120, 15122, 15341 5___ _ Proposed R ules: 7___ P roposed R u les : 9___ 74— ______15297 1056— ______— — 15030 10___ 81___— ______14886 1060______— ______14972 13____ 1206— ______— — 15346 14___ 43 CFR Page 1240______— ______15346 16._. 1840______— 15066 1249-____ — — 15346 18___ 1850______15066 19— 2230___ ;___ 15066 30___ 50 CFR 50__ _ 3530______— — ______— 15066 32— — — _____— ______— 14706, Public L and O rders: 14781-14783, 14960-14963, 15122- 827a__ 3634 (revoked in part by PLO 15124, 15251, 15252, 15424, 15425 4526)...... „ — 14881 33.—______, ______15124, 15425 ■ f l FEDERAL REGISTER VOLUME 33 • NUMBER 204 Friday, October 18, 1968 • Washington, D.C. PART II FEDERAL RESERVE SYSTEM Truth in Lending No. 204— Pt. U ------1 15506 PROPOSED RULE MAKING Sec.. Act and this part will be enforced by the FEDERAL RESERVE SYSTEM 226.11 Calculation of annual percentage Federal Trade Commission. rate. (c) Preservation and inspection of rec [1 2 CFR Part 2261 226.12 Comparative Index of Credit Obst for open end credits ords. Evidence of compliance with this [Reg. Z] 226.13 Exemption of certain State regu part shall be preserved by the creditor lated transactions. for the life of the transaction to which it TRUTH IN LENDING relates or for a period of not less than 2 A u t h o e it y : The provisions of this Part 226 Notice of Proposed Rule Making issued under 15 U.S.C. 1601-1605. years from the date of that transaction, whichever is longer. Each creditor shall, The Board of Governors of the Fed § 226.1 Authority, scope, purpose, etc. when directed by the appropriate admin eral Reserve System is considering the istrative enforcement agency designated adoption of a new Part 226 (Regulation (a) Authority, scope, and purpose. (1) This part comprises the regulations in section 108 of the Act, permit that Z), to be issued pursuant to authority agency to inspect its relevant records and contained in the Truth in Lending Act, which are issued by the Board of Gover nors of the Federal Reserve System pur evidence of compliance with this part. which is Title I of the Consumer Credit (d) Penalties and liabilities. Section Protection Act (Public Law 90-321; 82 suant to Title I (Truth in Lending Act) and Title V (General Provisions) of the 112 of the Act provides for criminal lia Stat. 146). bility for willful and knowing failure to The purpose of the regulation is to Consumer Credit Protection Act (Public Law 90-321; 82 Stat. 146 et seq.). Except comply with any requirement imposed implement the Truth in Lending Act under the Act and this part, and section which covers three broad areas; (1) Dis as otherwise provided herein, this part applies to all persons who in the ordi 130 of the Act provides for civil liability closure by creditors of the terms and on the part of any creditor who fails to cost of credit, including the dollar nary course of business extend, or ar range for the extension of, credit for per disclose any information required under amount of 'the finance charge and the chapter 2 of the Act, and this part. annual percentage rate, (2) the right of sonal, family, household, or agricultural a customer to rescind certain credit purposes. § 226.2 Definitions and rules of con transactions if a lien on his residence is (2) This part implements the purpose struction. or will be involved, and (3) standards for of the Act, which is to assure that every For the purposes of this part, unless the advertising of credit terms. customer who has need for loan or sale the context otherwise requires, the fol The Act directs that the Board’s reg credit for the purposes stated above is lowing definitions and rules of construc ulation shall include certain provisions, given meaningful information as to the tion apply: and further provides that the regulation cost of credit, in most cases expressed in (a) “Act” refers to the Truth in Lend “may contain such classifications, dif dollars of finance charge and an annual ing Act (Title I of the Consumer Credit ferentiations, or other provisions, and percentage rate computed on the declin Protection A ct). may provide for such adjustments and ing unpaid balance. Other relevant terms (b) “Advertisement” means any com exceptions for any class of transactions, must also be disclosed so that the cus mercial message in any newspaper, mag as in the judgment of the Board are nec tomer may readily compare the various azine, leaflet, flyer, or catalog, on radio, essary or proper to effectuate the pur credit terms available to him and use television, or public address system, in poses of this title, to prevent circum consumer credit on an informed basis to direct mail literature or other printed vention or evasion thereof, or to his best advantage. This part also imple material, on any interior or exterior sign facilitate compliance therewith.” ments a provision of the Act under which or display, in any window display, in any The proposed regulation seeks to carry a customer has a right to cancel a credit point-of-transaction literature, or price out the Congressional directives by the transaction winch involves a lien on his tag, or which is delivered or made avail inclusion of provisions which will facili residence, other than a purchase-money able in any manner whatsoever. tate compliance with the Act and insure first lien, and void that lien without any (c) “Agricultural purpose” means a that consumer credit customers will re liability by notifying the creditor of his purpose related to the production, har ceive meaningful disclosures. cancellation within 3 business days. All vest, exhibition, marketing, transporta This notice is published pursuant to advertising of consumer credit terms tion, processing, or manufacture of section 553(b) of title 5, United States must comply with specific standards, and agricultural products by a natural per Code, and § 262.2(a) of the rules of pro certain credit terms may not be adver son who cultivates, plants, propagates, cedure of the Board of Governors of the tised unless they are made available to or nurtures agricultural products. “Agri Federal Reserve System. all who qualify. Certain provisions of the cultural products” includes agricultural, To aid in the consideration of this Act are incorporated in this part to facili horticultural, viticultural,, and dairy matter by the Board, interested persons tate their use. Neither the Act nor this products, livestock, wildlife, poultry, are invited to submit relevant data, part controls consumer credit charges, or bees, forest products, fish, and.'shellfish, views, or arguments. Such comments interferes with trade practices except to and any products thereof, including proc should be submitted in writing to any the extent that such practices may be in essed and manufactured products, and Federal Reserve Bank on or before No consistent with the purpose of the Act. any and all products raised or produced vember 18, 1968. (b) Administrative enforcement. (1) on farms and any processed or manufac As set forth more fully in section 108 of tured products thereof. Dated at Washington, D.C., this 14th the Act, administrative enforcement of (d) “Billing cycle” means the time in day of October 1968. the Act and this part as to certain credi terval for which a creditor bills a cus By order of the Board of Governors. tors is assigned to the Federal agencies tomer. which otherwise regulate or supervise (e) “Board” refers to the Board of [ seal] R obert P. F orrestal, those creditors; namely, Comptroller of Governors of the Federal Reserve Sys Assistant Secretary. the Currency, Board of Directors of the Sec. tem. 226.1 Authority, scope, purpose, etc. Federal Deposit Insurance Corporation, (f) “Cash price” means the price at 226.2 Definitions and rules of construe« Federal Home Loan Bank Board (acting which the creditor would, in the ordinary tion. directly or through the Federal Savings course of business, sell for cash the 226.3 Exempted transactions. and Loan Insurance Corporation)-, Direc property or services which are the sub 226.4 Determination of finance charge. tor of the Bureau of Federal Credit Un ject of a consumer credit transaction. It 226.5 Determination of annual percentage ions, Interstate Commerce Commission, may include the cash price of accessories rate. or services related to the sale such as de 226.6 General disclosure requirements. Civil Aeronautics Board, Secretary of 226.7 Open end credit accounts— specific Agriculture, and Board of Governors of livery, installation, alterations, modi disclosures. fications, and improvements, but shall the Federal Reserve System. not include any charges of the types de 226.8 Credit other than open end— specific (2) Except to the extent that adminis disclosures. scribed in § 226.4. 226.9 Right to rescind certain transac trative enforcement is specifically com (g) “Comparative Index of Credit tions. mitted to other agencies, compliance Cost” means that relative measure of 226.10 Advertising credit terms. with the requirements imposed under the the cost of credit under an open end FEDERAL REGISTER, VOL. 33, NO. 204— FRIDAY, OCTOBER 18, 1968 PROPOSED RULE MAKING 15507 credit account, computed in accordance ,• (r) “Person” means a natural person charges are imposed for delayed pay with § 226.12, which is the expression of or an organization. ment, or discounts are allowed for early ‘‘average effective annual percentage (s) “Real property” means property payment, if such public utility establishes rate of return” and “projected rate of which is real property under the law of to the Board’s satisfaction, by certifica return” which appear in section 127(a) the State in which it is located. tion of a State regulatory body, that its (5) of the Act. (t) “Residence” means a dwelling in charges for public utility services and its (h) “Consumer credit” or “consumer which the customer resides or expects to related delayed payment charges or early loan” means credit offered or extended reside. payment discounts are regulated by that to a natural person, in which the money, (u) “Security interest” and “security” body. property, or service which is the sub mean any interest in property which se § 226.4 Determination o f finance charge. ject of the transaction is primarily for cures payment or performance of an ob personal, family, household, or agricul ligation. The terms include, but are not (а) General rule. Except as otherwise tural purposes and for which either a limited to, security interests under the provided in this section, the amount of finance charge is or may be imposed or Uniform Commercial Code, real property the finance charge in connection with which is payable in more than four in mortgages and deeds of trust, mechan any transaction shall be determined as stallments. ic’s, materialmen’s, artisan’s, and other the sum of all charges, payable directly (i) “Credit” means the right granted similar liens, vendor’s liens in both real or indirectly by the customer, and im by a creditor to a customer to defer pay and personal property, the interest of the posed directly or indirectly by the cred ment of debt or to incur debt and defer seller in a contract for the sale of real itor as an incident to or a condition of its payment or to purchase goods or serv property, and any interest in a lease when the extension of credit, including any of ices and defer payment therefor. (See used to secure payment or performance the following types of charges, whether also paragraph (w) of this section.) of an obligation. paid or payable by the customer, the (j) “Creditor” means a person who in (v) “State” means any State, the Com seller, or any person on behalf of the the ordinary course of business extends monwealth of Puerto Rico, the District customer to the creditor or to a third or arranges for the extension of con of Columbia, and any territory or posses party with the knowledge or consent of sumer credit, or offers to extend or ar sion of the United States. the creditor; range for the extension of such credit, (w) In the succeeding sections of this (1) Interest, time price differential, whether in connection with loans, sales part, unless the context indicates other and any amount payable under a dis of property or services, or otherwise. wise, the term “credit” shall be con count or other system of additional (k) “Credit sale” means any sale with strued to mean “consumer credit,” the charges. respect to which consumer credit is ex term “loan” to mean “consumer loan,” (2) Service, transaction, activity, or tended or arranged by the seller. The and the term ^“transaction” to mean carrying charge.3 term includes any contract in the form of “consumer credit transaction.” (3) Loan fee, points, finder’s fee, or a bailment or lease if the bailee or lessee (x) A transaction shall be considered similar charge. contracts to pay as compensation for use consummated at the time a bilateral con (4) Fee for an appraisal, investigation, a sum substantially equivalent to or in tractual relationship is created between or credit report. excess of the aggregate value of the prop a creditor and a customer irrespective of (5) Charges or premiums for credit erty and services involved and it is the time of performance of either party. life, accident, health, or loss of income agreed that the bailee or lessee will be (y) Captions and catchlines are in insurance, written in connection with4 come, or for no other or for a nominal tended solely as aids to convenient ref any credit transaction unless— consideration has the option to be erence, and no inference as to the intent (i) The coverage of the customer by come, the owner of the property upon full of any provision of this part may be the insurance is not a factor in the ap compliance with his obligations under drawn from them. proval by the creditor of the extension the contract. of credit, and this fact is clearly dis (l) “Customer” means a natural per § 226.3 Exempted transactions. closed in writing to the customer apply son to whom consumer credit is or will This part does not apply to: ing for or obtaining the extension of be extended. (a) Business or governmental credit. credit; and (m) “Dwelling” means a residential- Credit transactions involving extensions (ii) In order to obtain the insurance type structure containing one but not of credit for business or 'commercial pur in connection with the extension of more than four family housing units, poses,1 or to governments or govern credit, the customer is required to give whether or not the customer resides or mental agencies or instrumentalities, or specific affirmative written indication of expects to reside in the structure. to organizations. his desire to do so after written dis (n) “Open end credit” means consumer (b) Certain transactions in securities closure to him of the cost thereof. credit extended on an account pursuant or commodities accounts. Transactions (б) Charges or premiums for insur to an agreement between a creditor and in securities or commodities accounts ance, written in connection with 5 any a customer under which (1) the creditor with a broker-dealer registered with the niay permit the customer to make pur Securities and Exchange Commission. 3 These charges include any additional chases or obtain loans, from time to (c) Nonreal property credit over $25,- charge for the handling of checks, sales slips, time, directly from the creditor or indi 000. Credit transactions, other than real for making account entries, for account rectly by use of a credit card, check, or property transactions, in which the maintenance or otherwise, imposed in con amount financed2 exceeds $25,000, or in nection with an account only during the other device, as the agreement may pro time any balance therein represents an ex vide; (2) the credit so extended and re which the transaction is pursuant to an tension of credit. lated charges are debited to the custom express commitment by the creditor to 4 A policy of insurance owned by the cus er’s account; and (3) a finance charge extend credit in excess of $25,000. For tomer, which is assigned to the creditor or may be imposed periodically by the cred this purpose, a real property transaction otherwise made payable to the creditor to itor on an outstanding unpaid balance. is an extension of credit in connection satisfy a requirement imposed by the cred with which a security interest in real itor, is not insurance “written in connection (o) “Organization” means a corpora with” a credit transaction if the policy was tion, government or governmental sub property is or will be retained or acquired. not purchased by the customer for the pur division or agency, trust, estate, partner pose of being used in connection with that ship, cooperative, or association. (d) Certain public utility bills. Trans extension of credit. (p) “Period” means a day, week, actions of a public utility under public B A policy of insurance owned by the cus month, or other regular subdivision of a utility tariffs involving services for which tomer, which is assigned to the creditor or year. otherwise made payable to the creditor to 1 See § 226.2(h). satisfy a requirement imposed by the credi (q) “Periodic rate” means a percent 2 For this purpose, the amount financed is tor, is not insurance “written in connection age rate of finance charge which is or the amount which is required to be disclosed with” a credit transaction if the policy was may be imposed by a creditor against an under § 226.8 (b)(7), or (c)(5), as applic- not purchased by the customer for the pur unpaid balance in an open end credit ac able, or would be so required if the trans pose of being used in connection with that count for a period or billing cycle. action were subject to this part. extension of credit. FEDERAL REGISTER, VOL. 33, NO. 204— FRIDAY, OCTOBER 18, 1968 15508 PROPOSED RULE MAKING credit transaction, against loss of or erty in which a creditor holds a security a percentage) by the number of billing damage to property or against liability interest shall not be deducted from the cycles in a year. arising out of the ownership or use of amount of the finance charge or other (b) General rule—other credit.1 The property, unless a clear and specific wise taken into consideration in com annual percentage rate for credit other statement in writing is furnished by the puting the annual percentage rates than open end credit shall be determined creditor to the customer setting forth (d) Demand obligations. Obligations in accordance with the actuarial method the cost of the insurance if obtained from payable on demand shall be considered as described in paragraph (a)! of § 226.11, or through the creditor, if applicable, to have a maturity of 6 months for the- or by the use of charts or tables which and stating that the customer may purpose of computing the amount of the conform to the requirements of para choose the agent or other person through finance charge and the annual percent graph (b) of § 226.11. which the insurance is to be obtained.6 age rate. (1) Regulation Z tables. The Regula (7) Premium or other charge for any (e) Computation of insurance premi tion Z tables produced by the Board may other guarantee or insurance protecting ums. If any insurance premium is re be used to determine the* annual per the creditor against the obligor’s default, quired to be included as a part of the centage rate in commonly encountered or other credit loss. finance charge; the amount to be in transactions. An annual percentage rate (8) Charges of the following types cluded shall be the premium for cover determined in accordance with the in when added to the credit extended, un age extending over the period of time’ structions for the use of these tables less itemized and disclosed: the creditor will require the customer will comply with the requirements of this (i) Fees and charges prescribed by to maintain insurance coverage in con part. The tables are available at cost law which actually are or will be paid nection with the transaction. For the from the Board in Washington, D:C., the' to public officials for determining the purpose of computing the amount of in Federal Reserve Banks and branches, existence of, or for perfecting or releas surance premiums included in the fi and the other agencies responsible for ing or satisfying any security related to, nance charge, it shall be assumed that administrative* enforcement of the Act the credit transaction. the rates and classifications applicable and this part. (ii) The premium payable for any in at the time the credit is extended apply (2) Computation by other method, to? surance in lieu of perfecting any security over the full time during which cover any instance where circumstances re interest otherwise required by the credi age is required, unless the creditor quire* that a creditor determine an an tor in connection with the transaction, knows or has reason to know that other nual percentage rate by a method other but the premium shall be included if it rates or classifications wifi be applicable, than that provided m paragraph (a) of exceeds the fees and charges described ih which case such other rates or classi § 226.11, the creditor may use the1 con in subdivision (D of this subparagraph fications shall be used to the extent stant ratio method of computation, as which would otherwise be payable. appropriate. set forth in paragraph (g) of § 226.11,, (iii) Taxes imposed upon the cus provided such use is not for the purpose § 226.5 Determination of annual per of circumvention or evasion of the* re tomer. centage rate. (iv) License fees. quirements of this part. (v) Certificate of title fees. (a) General rule■—open end; credit ac (3) Minor irregularities. If an obliga (vi) Registration fees. counts. The annual percentage rate or tion is payable in equal instalments at (9) Any charge imposed by a creditor rates for open end credit accounts shall scheduled equal intervals,, except for one upon another creditor for purchasing or be computed to the nearest hundredth or both o f the irregularities described in accepting a written order, sales draft, of 1 percent and shall be determined subdivisionsL (i) and (ii) of this sub- or similar obligation to be debited to a as follows: paragraph, and the. period from, the date customer’s open end credit account, un (1) Where the finance charge is ex credit is extended to the date the final less there is a written agreement between clusively the product of the application payment is due is not less than 3 months the two creditors providing that the cus of one or more periodic rates, by multi in the case of weekly payments, 6 months, tomer shall not be required to pay any plying each periodic rate by the num in the case o f biweekly or semimonthly part of that charge through any increase ber of billing cycles in a year to payments, or 1 year in the case of in price or otherwise, and in fact the determine each annual percentage rate, monthly payments, in determining the customer is not required to do so. except that if the finance charge is the annual, percentage rate, the creditor (b) Excluded charges, real property product of the application of two or may, at his option, treat the following transactions. The following charges in. more periodic rates, at the creditor’s op irregularities as if they were regular in connection with any extension of credit tion, a single annual percentage rate amount or time,, as the case may be: secured by an interest in real property, may be determined by dividing the total (i) The amount of one payment is un provided they are bona fide, reasonable finance charge by the stun of the bal equal, but not more than 50 percent in amount, and not for the purpose of ances to which applicable and multiply greater nor 50 percent less than the circumvention or evasion of this part, ing the quotient (expressed as a amount o f a regular payment;, or shall not be included in the finance percentage) by the number of billing cycles in a year. (ii) The interval between the date charge: credit - is- extended and; the date the first (1) Fees or premiums for title exami (2) Where the finance charge exceeds payment is due is unequal, but not less- nations, title insurance, or similar pur 50 cents for a monthly or longer billing than 5. days for an obligation payable in poses. cycle, or the pro rata part o f 50 cents for weekly instalments, not less than 10 days (2) Fees for preparation of a deed, a billing cycle shorter than monthly,' for an obligation payable in biweekly or settlement statement, or other docu and is or includes a minimum, fixed, or semimonthly instalments, or not less ments. other charge not due to the application than 20 days for an obligation payable (3) Escrows for future payments of of a periodic rate, the annual percent in monthly instalments. v'w~ taxes and insurance. age rate shall be determined by dividing (4) Finance charge applicable to range (4) Fees for notarizing deeds and the total finance charge by the amount other documents. of balances. Where a creditor imposes (5) Appraisal fees. of the balance to which applicable and the same finance charge for all balances (6) Credit reports., multiplying the quotient (expressed as within a specified range and requires payments of equal amount, except for a (c) Prohibited offsets. Interest, divi 7 Where the finance charge is not more final payment which may be for a lesser dends, or other income received or to be than 50 cents for a monthly or longer billing amount,, and requires all payments to received by the customer on deposits or cycle, or the pro rata part of 50 cents for a be made at equal, intervals, the, annual on investments in real or personal prop- billing cycle shorter than monthly, and. is percentage rate shall be determined as or includes a minimum, fixed, or other prescribed in paragraph (b)(5) of 8 A creditor’s reservation or exercise of thecharge, the annual percentage rate or rates 1226.11. right to refuse to accept an insurer or agent may be determined by multiplying each ap offered by the customer, for reasonable cause, plicable periodic rate- by- the number of trill (c) Error in a table or chart. In the does not require inclusion of the premium ing cycles in a year irrespective of such min event an error occurs in disclosure of an in the finance charge. imum, fixed, or other charge. annual percentage rate because of a oor- FEDERAL REGISTER, VOL. 33, NO. 204— FRIDAY, OCTOBER 18, 1968 PROPOSED RULE MAKING 15509 responding error in a table or chart ac (f) Unknown, information estimate. If charge, which may be imposed as a quired in good faith by the creditor, that at the time disclosures must be made, an finance charge. error in disclosure shall not, in itself, amount or other item of information re (4) Where one or more periodic rates be considered a violation of this part pro quired to be disclosed, or needed to de may be used to compute the finance vided that upon discovery of the error, termine a required disclosure, is un charge, each such rate, the range of bal that creditor makes no further disclos known or not available to the creditor, ances to which it is applicable, and the ure based on that table or chart and and the creditor has made a reasonable corresponding annual percentage rate ¡immediately notifies the Board or a Fed effort to ascertain it, the creditor may determined by multiplying the periodic eral Reserve Bank in writing of the error use an estimated amount or an approxi rate by the number of billing cycles in a and identifies the inaccurate table or mation of the information, provided the year. chart by giving the name and address of estimate or approximation is clearly (5) If the creditor so elects, the Com I the person responsible for its production identified as such, is reasonable, is based parative Index of Credit Cost in accord and its serial number. Nothing in this on the best information available to the ance with § 226.12. paragraph shall affect the possible civil creditor, and is not used for the purpose (6) The conditions under which any liability of any creditor under section of circumventing or evading the dis other charges may be imposed, and the 130 of the Act. closure requirements of this part. method by which they will be de (d) Rounding. Any annual percentage (g) Overstatement. The disclosure of termined. rate determined in accordance with an amount or percentage which is great (7) The conditions under which the ¡paragraph (a) or (b) of this section may, er than the amount or percentage re creditor may retain or acquire any se for the purpose of disclosure, be rounded quired to be disclosed under this part curity interest in any property to secure ¡to the nearest quarter of I percent in does not in itself constitute a violation the payment of any credit extended on the case of annual percentage rates of of this part, provided that the over the account, and a description of the j 2 percent or more and to the nearest statement is not for the purpose of cir interest or interests which may be so re one-eighth of 1 percent in the case of cumvention or evasion of disclosure re tained or acquired. annual percentage rates of less than 2 quirements. (8) The minimum periodic payment percent. (For example, 18.31 percent may (h) Transitional period. Prior to Jan required. be rounded to 18.25 percent, which also uary 1, 1970, any creditor may utilize (b) Periodic statements required. The may be expressed as 18% percent.) existing supplies of printed forms, irre creditor of any open end credit account spective of type size, for the purpose of shall transmit to the customer, for each § 226.6 General disclosure requirements. complying with the disclosure require billing cycle at the end of which there is (a) Clear and conspicuous disclosure.ments of this part, except that required an outstanding debit balance in excess Disclosures required by §§ 226.7 and under paragraph (b) o f § 226.9, provided of $1 in that account or with respect to 226.8 shall be made clearly and conspicu such forms are altered or supplemented which a finance charge is imposed, a ously in the order and terminology set as necessary to assure that all of the statement, or statements in accordance forth in the applicable section or in sub items o f information the creditor is re with paragraph (c) of this section, stantially similar order or in other termi quired to disclose to the customer are set which the customer may retain,, setting nology conveying substantially the same forth clearly and conspicuously. forth each of the following items to the meaning, except that where the terms (i) Percentage rate as dollars per hun ex'tent applicable; “annual percentage rate”, "annual per dred. Prior to January 1» 1971, any rate (I> The outstanding balance in the centage rate of finance charge”, or required under this part to be disclosed account at the beginning of the billing “Comparative Index of Credit Cost” are as a percentage rate may, at the option cycle using the term "previous balance.” specified, no alternative terminology may of the creditor, be expressed in the form (2) The amount, date, and type of be used. of the corresponding ratio of dollars per each extension of credit during the bill f (b) Use of figures—size of type. All hundred dollars using the term "Dollars ing cycle and, unless previously fur numerical amounts and percentages finance charge per year per $100 of un nished, a brief identification* o f any shall be stated in figures. Except as pro paid balance.” (For example, an add on goods or services purchased, and the vided in 5 226.9(b), terminology identi finance charge of 4 percent on an obli amount of any other charge not part of fying disclosures, numerical amounts, gation payable in 36 equal monthly in the finance charge. and percentages shall be printed in not stalments is equivalent to an annual per (3> Each amount credited to the ac less than 10-point roman boldface type centage rate (rounded to the nearest count during the billing cycle for pay numerals and capital letters, 0.079-inch quarter of 1 percent) of 7.50 percent ments, returns, rebates of finance computer type, elite size typewritten which may be stated as ‘‘$7.50 finance charges, and adjustments, using appro capital letters, or legibly handwritten in charge per year pel $100 of unpaid bal priate descriptive terminology, and un equivalent size figures and letters. ance” .) less previously furnished, a brief identifi cation * of each item credited. (c) Additional information. Additional§ 226.7 Open end credit accounts— I information or explanations may be sup specific disclosures. (4) The amount o f any finance charge, using the term “finance charge,” plied with any disclosure required or in (a) Opening new account. Before any advertisement subject to § 226.,JO, debited to the account during the billing opening any open end credit account, the cycle, itemized and identified to show but none shall be stated, utilized, placed, creditor shall disclose to the customer in or subsequently omitted so as to contra the amounts, if any, due to the applica a single written statement, in terminol tion of periodic rates and the amount dict, mislead, confuse, obscure, or detract ogy consistent with the requirements o f attention from the information required of any other charge included, such as a paragraph (b) of this section, each o f minimum, fixed, check service, or ac to be disclosed by this part. the following items, to the extent appli tivity charge,® using appropriate de I (d) Copy to customer. At the time dis cable: scriptive terminology. closures are made, the creditor shall fur (1> The conditions under which a fi (5) Each periodic rate, using the nish the customer with a duplicate of nance charge may be imposed directly or term “periodic rate” (or “rates” >, that the instrument or statement by which, indirectly, including the time period, if the disclosures required by this part are any, within which any credit extended 8 Identification may be made on an ac made. Such copy shall clearly identify may be paid without incurring a finance companying slip or by symbol relating to I the creditor by name and address. charge. an identification list printed on the state (e) Multiple creditors’, joint disclosure. (2) The method of determining the ment. If there is more than one creditor m a balance upon which a finance charge may 9 These charges Include any additional transaction, each creditor shall be re be imposed. charge for the handling of checks, sales sponsible for the disclosures required by slips, for making account entries, for ac (3) The method of determining the count maintenance or otherwise, Imposed 1 iLPark kw° or more creditors make amount of the finance charge, including in connection with an account only during a joint disclosure, each shaft be clearly the determination of any m in im u m , the time any balance therein represents identified by name and address. fixed, check service, activity, or similar an extension of credit. FEDERAC REGISTER, V O L 33, NO. 204— FRIDAY, OCTOBER 18, 1968 15510 PROPOSED RULE MAKING may be used to compute the finance will become effective, whichever is the credit which is not a credit sale, in addi charge (whether or not applied during earlier date. tion to the items required to be disclosed the billing cycle), and the range of bal (e) Open end accounts existing onunder paragraph (d) of this section, the ances to which it is applicable. July 1, 1969. In the case of any open end following items, as applicable, shall be (6) The annual percentage rate or credit account in existence on July 1, disclosed: rates determined under § 226.5(a) iden 1969, the items described in paragraph (1) The amount of the loan or other tified by the term “annual percentage (а) of this section, to the extent appli credit extended using the term “ amount rate (or ‘rates’) of finance charge,” and cable, shall be disclosed in a notice of loan” or “amount of credit,” as ap where there is more than one rate, the mailed or delivered to the customer not plicable. part of the balance to which each is ap later than July 31, 1969. (2) Any amounts required to be de plicable. § 226.8 Credit other than open end— ducted under paragraph (e) of this sec (7) If the creditor so elects, the Com specific disclosures. tion using, as applicable, the terms “pre parative Index of Credit Cost in accord paid finance charge” and “required de ance with § 226.12. (a) General rule. Any creditor when posit balance,” and the total of such (8) The balance on which the finance extending other than open end credit items using the term “total prepaid charge was computed and a statement shall, to the extent applicable, make the finance charge and required deposit of how the balance was determined. If disclosures required by this section. Ex balance.” the balance is determined without first cept as provided in paragraphs'(g) and (3) The difference between (l) and deducting all credits during the bill (h) of this section, such disclosures shall (2) using the term, “available credit.” ing cycle, that fact and the amount of be made before the transaction is con (4) All charges individually itemized such credits shall also be disclosed. summated. The disclosures shall be made and described which are to be included (9) The outstanding balance in the ac on either— in the amount financed, but which are count at the end of the billing cycle, (1) The face of the note or other in not part of the finance charge, using the using the term “new balance,” accom strument evidencing the obligation; or term “other charges” for the total. panied by the statement, “pay this (2) The face of a separate statement (5) The sum of (3) and (4), using the amount before______to avoid ad- identifying the transaction, no smaller term “amount financed.” (Date) in paper size than the note or other in (6) Except in the case of a loan se ditional finance charges,” or a statement strument evidencing the obligation. cured by a first lien or equivalent secu of the same meaning, if that is the case. (b) Credit sales. In the case of a credit rity interest on a dwelling and made to (c) Location of disclosures. The dis sale, in addition to the items required finance the purchase of that dwelling, closures required by paragraph (b) of to be disclosed under paragraph (d) of (i) The total amount of the finance this section may be made on the periodic this section, the following items, as ap charge, with description of each amount statement and its reverse side, or on the plicable, shall be disclosed: included, using the term “total finance periodic statement supplemented by sep (1) The cash price of the property or charge,” and arate statement forms provided they are service purchased, using the term “cash (ii) The sum of (1), (4), and (6) (i), enclosed together and delivered to the price.” (equals total amount of all payments) customer at the same time, and further (2) The downpayment, consisting of using the term “time loan balance.” provided that— all amounts to be credited against the (d) Additional disclosures in sale and (1) The disclosure required by para cash price as downpayment using, as ap nonsale credit. In any transaction sub graph (b) (1) of this section, the respec plicable, the term “total downpayment,” ject to this section, in addition to the tive totals of the amounts required to be and itemized as to downpayment in items required to be disclosed under disclosed under paragraph (b) (2), (3), money using the term “cash downpay paragraphs (b) and (c) of this section, and (4) of this section and the disclosure ment,” and downpayment in property, the following items, as applicable, shall required by paragraph (b) (9) of this sec using the term “ trade-in.” be disclosed: tion, appear in that order on the face of (3) The difference between the (1) The finance charge expressed as the periodic statement; amounts described in subparagraphs (1) an annual percentage rate, using the (2) The charges and credits required and (2) of this paragraph using the term “annual percentage rate of finance to be disclosed under paragraph (b) (2) term “unpaid balance of cash price.” charge,” except in the case of a finance and (3) of this section, if not itemized (4) All charges, individually itemized, charge— on the statement, are disclosed on sepa which are included in the amount fi (i) Which does not exceed $5 and is rate "slips which identify each charge and nanced but which are not part of the applicable to an amount financed not ex credit, and show the dates and amounts finance charge, using the term “other ceeding $75, or thereof; charges” for the total. (ii) Which does not exceed $7.50 and (3) The disclosures required by para (5) the sum of (3) and (4) using the is applicable to an amount financed ex graph (b) (4), (5), (6), and (8) of this term “ unpaid balance.” ceeding $75. (6) Any amounts required to be de section appear on the face of a single A creditor may not divide an extension supplemental statement; ducted under paragraph (e) of this sec tion using, as applicable, the terms “pre of consumer credit into two or more (4) The face of the periodic state paid finance charge” and “required de transactions to avoid the disclosure of ment states the following, as applicable, posit balance,” and the total of such an annual percentage rate. in type size consistent with the require items using the term “total prepaid fi (2) The number, amount, and due ments of § 226.6(b); “N otice: See re nance charge and required deposit bal dates or periods of payments scheduled verse side for important information” or ance.” to repay the indebtedness. If a final pay “Notice: See accompanying statement - (7) The difference between (5) and ment is more than one and one-half (statements) for important account in (б) using the term “amount financed.” times the amount of regularly scheduled formation;” and (8) Except in the case of a sale of a equal payments, the creditor shall iden (5) The disclosures are not separated dwelling, tify the amount of the final payment by so as to confuse or mislead the customer (i) The total amount of the finance the term “balloon final payment” and or obscure or detract attention from the charge, with description of each amount shall state the conditions, if any, under information required to be disclosed. included, using the term “total finance which that payment may be refinanced (d) Change in terms. If any change is charge,” if not paid when due. to be made in terms previously disclosed (ii) The sum of (1), (4), and (8) (i) (3) The default, delinquency, or simi to the customer, the creditor shall give using the term “time sale price,” and lar charges payable in the event of late the customer written disclosure of such (iii) The sum of (5) and (8) (i) (equal payments. proposed change not less than 30 days to the total amount of all payments) (4) A description of any security in- prior to the effective date of such change using the term “time balance.” terest held or to be retained or acquired or 30 days prior to the beginning of the (c) Loans and other nonsale credit. by the creditor in connection with the billing cycle within which such change In the case of a loan or extension of extension of credit, and a clear identan- FEDERAL REGISTER, VOL. 33, NO. 204— FRIDAY, OCTOBER 18, 1968 PROPOSED RULE MAKING 15511 cation10 of the property to which the price, the animal percentage rate, and (3) The amount of the finance charge security interest relates. If after-ac thè number, frequency, and amount of for the deferral or extension. quired 'property will be subject to the payments are set forth in the creditor's CD Series of single payment obliga security interest, this fact shall be current catalog or other printed material tions. Any extension of credit involving stated. If other or future indebtedness distributed to the public, or (2) in the a series of single payment obligations is or may be secured by any such prop case of loans or other extensions of cred shall be considered a single transaction erty, this fact shall be clearly set forth. it, the amount of the loan, the finance subject to the disclosure requirements of (5) A description of any penalty charge, the time loan balance, the num this section. charge for prepayment of the principal ber, frequency, and amount of payments, (m) Permissible periodic statements. of the obligation that may be imposed by and the annual percentage rate for each If a creditor transmits a periodic billing the creditor or his assignee with an ex representative amount or range of credit statement other than a delinquency no planation of the manner in which such are set forth in the creditor’s printed tice, payment coupon book, or payment penalty may be computed, and condi material distributed to the public, in the passbook, in connection with an exten tions under which it may be imposed. contract of loan, or in other printed ma sion of credit made on or after July 1, (6) If the obligation includes a finance terial delivered to the customer, then the 1969, it shall be in a form which the cus charge, identification of the method of disclosures required under this section tomer may retain and shall be subject computing' the unearned portion of the may be made any time not later than to the following requirements: finance charge and a statement of the the date the first payment is due. (1) Such statement shall set forth the amount of any fixed or other charge that (h) Series of sales. If a credit sale is following items to the extent applicable. may be deducted from the amount of one of a series of transactions made pur (D The outstanding balance in the ac any rebate that will be credited to the suant to an agreement providing for the count at the beginning of the billing obligation or refunded to the customer addition of the amount financed plus the cycle using the term “previous balance”. in the event of prepayment. finance charge for the current sale to an (ii> The amount, date, and type of (e) Finance charge payable separately existing outstanding balance, and (1) the each extension of credit during the bill- or withheld; required deposit balances. customer has approved in writing both ¡ing cycle and, unless previously fur In determining the amount financed, to the annual percentage rate or rates and nished, a brief identification13 of any the extent any finance charge is payable the method of computing the finance goods or services purchased, and the separately, in cash or otherwise, to the charge or charges, and (2) the creditor amount of any other charge not part of creditor or, with the creditor’s knowl retains no security interest in any prop the finance charge. edge, to another person, or is withheld erty as to which he has received pay by the creditor from the proceeds of the (iii> Each amount credited to the ac ments aggregating the amount of the count during the billing cycle for pay credit extended,“ and to the extent any sale price including any finance charges deposit balance other than an escrow attributable thereto, then the disclosures ments, returns, rebates of finance account under § 226.4(b) is required13 required under this section for the cur charges, and adjustments, using appro as a condition of the extension of credit, rent sale may be made at any time not priate descriptive terminology and, un an equivalent amount shall— less previously furnished, a brief identi later than the date the first payment fication“ of each. (1) In a credit sale, be deducted as for that sale is due. For the purposes of provided in paragraph (b>(6> of this this paragraph, in the case of items pur (iv) The amount of any finance section; chased on different dates, the first pur charge, using the term “finance charge,” (2) In other extensions of credit, be chased diali be deemed first paid for, and added to the account during the billing deducted as provided in paragraph (c) in the case of items purchased on the cycle, itemized and identified to show (2> of this section. same date, the lowest priced shall be the amount of the balance on which (f) First lien to finance construction of deemed first paid for. imposed. dwelling. In any case where a security in (i) Advances under loan commitments. (v) The annual percentage rate of the terest is to be retained or acquired by a If a loan is one of a series of loans made finance charge as o f the close o f the creditor in connection with the financing pursuant to a written agreement under billing cycle, using the term “annual of the initial construction of a dwelling, which a creditor is committed to extend percentage rate of finance charge.” or in connection with a previously com a specified amount of credit to a cus (vi) The outstanding balance In the mitted loan to satisfy that construction tomer, and the customer has approved account at the end of the billing cycle, loan and provide permanent financing of in writing the annual percentage rate or using the term “new balance,” accom that dwelling, whether or not the cus rates, the method of computing the fi panied by the statement, “pay this tomer previously owned the land on amount before______to avoid ad- nance charge or charges, and any other (Date) which that dwelling is to be constructed, terms, the agreement shall be considered such security interest shall be considered a transaction, and the disclosures re ditional finance charges,” or a statement a first lien against that dwelling to fi quired under this section need be made of the same meaning, if that is the case. nance the purchase of that dwelling. only at the time of consummation of the (2) Such statement need contain only (g) Orders by mail, telephone, or other agreement. the following, to the extent applicable, communication. If a creditor receives a (j) Refinancing, consolidating, or in if it relates only to a single transaction, purchase order or a request for an ex creasing. Any extension of credit with all required disclosures have been made, tension of credit by mail, telephone, or respect to refinancing, consolidating, or and nothing has occurred since the con written communication without person increasing an existing obligation shall summation of the transaction to change al solicitation, and (1) in the case of be considered a new transaction subject the terms originally disclosed: credit sales, the cash price, the downpay to the disclosure requirements of this (i) The annual percentage rate of the ment, the finance charge, the time sale part. For purposes of such disclosure, if total finance charge using the term "an» any unearned portion of the finance nual percentage rate of finance charge.” 10 An identification of the property sufficharge is not credited to the existing (ii) The date by which, or the period cient to satisfy the requirements of the then (if any) within which, payment must be Uniform Commercial Code promul obligation, it shall be added to the new gated by the National Conference of Com- finance charge and shall not be included made in order to avoid additional finance masioners on Uniform State Laws will sat in the new amount financed. charges or other charges. isfy this requirement. (k) Deferrals or extensions. If the (3) If disclosures are made pursuant h Uf'firLance charges deducted as provided creditor defers or extends payment un to subparagraph (1) of this paragraph, J Paragraph shall, nevertheless, be in - der an existing obligation and imposes they may be made on the periodic billing ded in determining the finance charge statement and its reverse side, or on the under § 226.4. a finance charge for the period of de ferral or extension, the creditor shall dis ^ 5 eposit balance which was in existence 13 Identification, may be made on an ac crprit* an 15 days prior to the extension of close to the customer at the time of the deferral or extension— companying slip or by symbol relating to an h i is n °t considered a required deposit identification list printed on the statement. for the purpose of this paragraph, (l) The amount deferred or extended; »Identification may be made on an ac — .Pt t° the extent the creditor requires the (2) The date to which payment is de companying slip or by symbol relating to an customer to increase that balance. ferred or extended; and identification list printed on the statement. FEDERAL REGISTER, VOL. 33, NO. 204— FRIDAY, OCTOBER T8, 1968 15512 PROPOSED RULE MAKING periodic billing statement supplemented the customer shall have the right to re contractor, subcontractor, supplier of by separate forms provided they are en scind that transaction until midnight of material or services, or any of their em closed together and delivered to the cus the third business day15 following the ployees, that may result as a consequence tomer at the same time, and further pro consummation of that transaction or the of agreement of the parties, delivery ot vided that— delivery of the disclosures required under material, work performed, or services (i) The disclosure required by sub- this section and all other material dis rendered pursuant to a transaction paragraph (l)(i), the respective totals closures required under this part, which shall be regarded as a security interest of the amounts required to be disclosed ever is later, by notifying the creditor retained or acquired in real property. under subparagraphs (1) (ii), (iii), and by mail, telegram, or other writing of (e) Effect of rescission. When a cus (iv) and the disclosure required by sub- his intention to do so. Where mail is tomer exercises his right to rescind under paragraph (1) (vi), appear in that order used, notification shall be considered paragraph (a) of this section, he is not on the face of the periodic billing state given at the time of mailing; when tele liable for any finance or other charge, ment; gram is used, notification shall be con and any security interest becomes void (ii) The disclosures required by sub- sidered given at the time of filing; and upon such a rescission. Within 10 days paragraph (1) (iv) and (v) appear on notification by other writing shall be after receipt of a notice of rescission, the face of single supplemental state considered given at the time delivered the creditor shall return to the cus ment; to the creditor’s designated place of tomer any money or property given as business. earnest money, downpayment, or other (iii) The face of the periodic state (b) Disclosure; opportunity to re wise, and shall take any action neces ment states the following, as applicable, scind. In addition to all other disclosures sary or appropriate to reflect the termi in type size consistent with the require required by this part, the creditor shall nation of any security interest created ments of § 226.6 (b ); “N otice : See re clearly and conspicuously disclose to the under the transaction. If the creditor verse side for important information” or customer the customer’s right of rescis has delivered any property to the cus “N otice: See accompanying statement sion by the following notice which shall tomer, the customer may retain posses (statements) for important account in be furnished in duplicate to the cus sion of it. Upon the performance of the formation” ; and tomer and printed in type which is not creditor’s obligations under this sec (iv) The disclosures are not separated less than 12-point roman boldface cap tion, the customer shall tender the prop so as to confuse or mislead the customer ital letters and numerals on the face of erty to the creditor, except that if re or obscure or detract attention from the information required to be disclosed. the disclosure statement, the document turn of the property in kind would be (n) Charge for delaying payment. Excreating the obligation, or on any other impracticable or inequitable, the cus document which also identifies the trans tomer shall tender its reasonable value. cept as provided under § 226.3(d), the action to which it relates: amount of any discount allowed for Tender shall be made at the location payment of an obligation on or before NOTICE TO CUSTOMER: of the property or at the residence of the a specified date, or charge for delaying YOU HAVE A LEGAL RIGHT TO CANCEL customer, at the option of the customer. payment after a specified date, shall be THIS TRANSACTION FOR ANY REASON If the creditor does not take possession WITHOUT ANY PENALTY OR OBLIGATION of the property within 10 days after ten disclosed on the billing statement as a AND VOID ANY LIEN, MORTGAGE, OR der by the customer, ownership of the finance charge imposed on the least OTHER SECURITY INTEREST TO WHICH property vests in the customer without amount payable in satisfaction of the YOUR HOME IS SUBJECTED BY REASON obligation on his part to pay for it. obligation (amount financed) for the OF THIS TRANSACTION, AND RECEIVE A REFUND OF ANY DOWNPAYMENT OR (f) Waiver of right of rescission. If period of time between the specified date (1) the customer has determined that an and the due date of the obligation, or in OTHER CONSIDERATION BY NOTIFYING: ______AT ______extension of credit must be obtained, the absence of a designated due date, (2) the creditor will not or cannot grant the date the billing cycle ends. Except (Name of creditor) (Address of creditor’s ______OF SUCH CANCELLATION the extension of credit without retaining as provided in paragraph (d)(1) of this place of business) or acquiring a security interest in the section, each such billing statement BY MAIL OR TELEGRAM SENT NOT LATER residence of the customer, and (3) a 'shall, in addition to stating the amount THAN MIDNIGHT O F ______OR BY delay of 3 business days in performance of that “finance charge,” using that (Date) of the creditor’s obligation under the term, state the “annual percentage rate ANY OTHER FORM OF WRITTEN NOTICE IDENTIFYING THE TRANSACTION DELIV transaction will jeopardize the peace of of finance charge,” using that term, as a mind, welfare, health, or safety of nat percentage accurate to the nearest hun ERED TO THAT ADDRESS NOT LATER THAN THAT TIME. IF YOU DECIDE TO ural persons or endanger property which dredth of 1 percent, determined by (1) CANCEL, YOU MAY USE THIS NOTICE FOR the customer owns or for which he is dividing the amount of the finance charge THAT PURPOSE BY DATING AND SIGNING responsible, the customer may modify by the amount financed; (2) dividing the BELOW. FOR YOUR PROTECTION, THE USE or waive the right of rescission to which quotient so obtained by tHe number of OF REGISTERED OR CERTIFIED MAIL he is entitled under this section by fur days between the specified date and the WITH RETURN RECEIPT REQUESTED IS nishing the creditor a separate dated due date of the obligation, or in the SUGGESTED. I HEREBY CANCEL THIS TRANSACTION. and signed personal statement describ absence of a designated due date, the ing the situation requiring immediate date the billing cycle ends; and (3) mul (Customer’s signature) remedy, and modifying or waiving his tiplying the quotient so obtained by 360. right of rescission. (For example, a $1,000 purchase of grain, (Date) subject to terms of 2 percent/10 days, (g) First lien to construct residence. net 30 days, results in a “finance charge” (c) Delay of performance. The credi In any case where a security interest is of $20 and an amount financed of $980 tor shall not disburse any money other to be retained or acquired by a creditor for a period of 20 days. The “annual per than in escrow, make any deliveries, in connection with the financing of the centage rate of finance charge” is 36.73 make any physical changes in the prop initial construction of the residence of percent which may be rounded to 36.75 erty of the customer, or perform any the customer, or in connection with a percent or 36% percent. work or service for the customer until previously committed loan to satisfy he has reasonably satisfied himself that that construction loan and provide per § 226.9 Right to rescind certain trans the customer has not exercised his right manent financing of that residence, actions. of rescission. whether or not the customer previously (a) General rule. Except in the crea (d) Nature of security interest. For owned the land on which that residence tion or retention of a first lien or equiva the purposes of this section any lien upon is to be constructed, such security in lent security interest against a residence a residence in favor of a creditor, vendor, terest shall be considered a first lien to finance the acquisition of that resi against that residence to finance the ac dence, in the case of any credit transac 15 For the purposes of this section, a busi quisition of that residence. tion in which a security interest is or ness day is any calendar day except Sunday, §226.10 Advertising credit terms. will be retained or acquired in any real New Year’s Day, Washington’s Birthday, Me property which is used or is expected to morial Day, Independence Day, Labor Day, (a) General rule. No advertisement to be used as the residence of the customer, Veterans’ Day, Thanksgiving, and Christmas. aid, promote, or assist directly or in- FEDERAL REGISTER, VOL. 33, NO. 204— FRIDAY, OCTOBER 18, 1968 PROPOSED RULE MAKING 15513 directly any extension of credit may sales including the sale of residential real (4) It permits, except as provided in state— estate, loan, or other extension of credit, subparagraph (5) of this paragraph, de (1) That a specific periodic credit other than open end credit, subject to termination of the annual percentage amount or installment amount can be the provisions of this part, shall state: rate to the nearest one-eighth of 1 per arranged, unless the creditor usually and (1) The rate of a finance charge un cent up to and including 2 percent and customarily arranges credit payments less it also states the rate of that charge the nearest one-quarter of 1 percent or installments for that period and in expressed as an “annual percentage above 2 percent where the range of rates that amount; rate,” using that term; covered by the chart or table includes (2) That a specified downpayment will (2) The amount of the downpayment such rates. be accepted in connection with any ex or that no downpayment is required, the (5) In addition to the requirements of tension of credit, unless the creditor usu amount of any installment payment, the subparagraphs (1), (2), and (3) of this ally and customarily arranges down- dollar amount of any finance charge, or paragraph, it is prepared to show the payments in that amount; or the number of installments or the period annual percentage rate on the median (3) Any credit terms less conspicu of repayment, unless it states all of the balance within each range where a cred ously or with less emphasis than any following items in terminology consistent itor imposes the same finance charge for other credit terms. For this purpose, cash with the requirements of § 226.8: all balances within a specified range and price is not a credit term. CD The cash price or the amount of requires payments at equal intervals and (b) Catalogs. If a catalog or other the loan, as applicable. in equal amounts, except for a final pay multiple-page advertisement sets forth (ii) The amount of the downpayment ment which may be for a lesser amount, the disclosures required by this section or that no downpayment is required. subject to the following requirements: in a credit terms table, such catalog or (iii) The number, amount, and due (i) If the annual percentage rate de multiple-page advertisement shall be dates or period of payments scheduled to termined on the median balance under considered a single advertisement pro repay the indebtedness if the credit is states the annual percentage rate deter vided: extended. mined on the lowest balance in that (1) The table and the disclosures made (iv) The rate of the finance charge ex range by more than 8 percent of the rate therein are set forth clearly and con pressed as an annual percentage rate. on the lowest balance, then the annual spicuously, and (v) Except in the case of the sale of percentage rate for that range shall be (2) Any statement of credit terms ap a dwelling or a purchase money loan computed upon any balance lower than pearing in any place other than in the secured by a first lien on a dwelling, the the median balance within that range credit terms table clearly and conspicu time sale price or time loan balance, as so that any understatement will not ex ously refers to the page or pages on which appropriate. ceed 8 percent of the rate on the lowest that table appearsr unless that state § 226.11 Calculation o f annual percent balance, and ment discloses all of the credit terms re age rate. (ii) The annual percentage rates to quired to be stated under this section. be used in making the determination re (c) Advertising of open end credit. (a) General rule. The annual per quired under (i) of this subparagraph No advertisement to aid, promote, or as centage rate applicable to any extension shall be computed in accordance with sist directly or indirectly the extension of credit, other than open end credit, paragraph (e) (1) (i) of this section, of open end credit may set forth any of shall be determined as that nominal an where all payments are equal and in the terms described in paragraph (a) of nual percentage rate which will yield accordance with paragraph (e) (1) (ii) of § 226.7, the Comparative Index of Credit a sum equal to the amount o f the finance this section where the final payment is Cost, or that no downpayment, a speci charge when it is applied periodically to less than another payment. fied downpayment, or a specified periodic the unpaid balances of the amount fi (c) Time factors. For the purposes of payment is required unless it also clearly nanced, calculated according to the ac utilizing the formulas set forth in para and conspicuously sets forth all the fol tuarial method of allocating payments graphs (e), (f), and (g) of this section, lowing items in terminology consistent made on a debt between the amount the common interval to be used in com with the requirements of § 226.7: financed and the amount of the finance putations is a month, semimonth, week, (1) The time period, if any, within charge, pursuant to which a payment or day, whichever is the largest, and is which any credit extended may be repaid which exceeds the amount of the finance evenly divisible into the smallest interval without incurring a finance charge. charge is applied first to the accumu between advances or between payments. (2) The method of determining the lated finance charge and the balance is For this purpose, each calendar month balance upon which a finance charge applied to the unpaid amount financed. shall be considered an equal period of may be imposed. If the payment is not sufficient to pay time. The following shall be applicable the finance charge for the period, or if (3) The method of determining the in the determination of the common there is no payment, the amount by interval: amount of the finance charge, including which the finance charge for the period the determination of any minimum, (1) The term of the transaction com exceeds the payment becomes a part of mences on the date of its consummation, fixed, check service, activity, or similar the accumulated finance charge. charge, imposed as a finance charge. except that if the finance charge does (b) Charts and tables. A creditor may not begin to accrue until a later date, the (4) Where one or more periodic rates use a chart or table for the purpose of creditor may, at his option, consider the may be used to compute the finance determining the annual percentage rate term of the transaction as beginning on charge, each such rate, the range of bal provided: the date the finance charge begins to ances to which it is applicable, and the (1) It is prepared by the appropriate accrue. corresponding annual percentage rate adaptation of the formula in paragraph (2) The intervals between date of con determined by multiplying the periodic (e) or (f) of this section, as applicable; summation and date of first advance rate by the number of billing cycles in (2) It bears the name and address of a year. thereafter or date of first payment there the person responsible for its production after are intervals for the purposes of (5) The conditions under which any and a serial number which shall be the this paragraph. other charges may be imposed, and the same for each chart or table so produced (3) If variations from monthly inter method by which they will be deter with like numerical content and config mined. vals are less .than 11 days, from semi uration; monthly intervals are less than 6 days, (d) Advertising credit other than open (3) All dollar amounts and percent and from weekly intervals are less than No advertisement to aid, promote, age figures are accurate to the nearest 3 days, such intervals may be considered or assist directly or indirectly any credit two decimal places ; and as whole intervals: Provided, That if FEDERAL REGISTER, V O L 33, NO, 204— FRIDAY, OCTOBER 18, 1968 No. 204— Pt. II------2 15514 PROPOSED RULE MAKING such variations occur in more than 20 Intervals are months. and $1,000 each January 1 for 4 years. The borrower is to make 50 regular equal monthly percent of the number of intervals in a I /i = $1,000 <7i=0 payments of $240 beginning July 1 prior to transaction, then the common interval Pi=$200 Di = 3 the first advance in September. shall be the next lowèst of a semimonth, P2=$200 D2 = 6 week, or day, so as to reduce the frequen Ps=$200 D 3=9 Intervals are all months. Pi=$600 d* = 1 2 cy of variations within the 20 percent I/i = $1,800 <7 1 = 2 maximum limitation. The equation is adapted as follows: I/2=$1,000 <7 2 = 6 E/s = $1,800 <73 = 14 (d) Symbols. Except where otherwise 200 200 200 600 1,000= + Ut — $1,000 (7* = 18 provided in this section, the following (1+i)« (1+i)«' (1+i)9 1 (1+012 definitions of symbols apply : i/o = $1,800 Qa= 2 6 i = 0.02075. E7e=$ 1,000 <7«= 3 0 U) = The amount of credit advanced di R = 12i = 12 X 0.02075 =0.2491 or 24.91 % . E/7=$l,800 <77=38 rectly or indirectly at the end of the Us—$1,000 <78=42 yth interval. (iii) Payments at unequal intervals, Pi = $240 Di = 0 even amounts:.- P2 = $240 Da = 1 qi = The number of intervals from the date Pa=$240 D3=2 of consummation to the jth ad Assume creditor advances $1,000, customer vance. is to make four payments of $290 each at Püo=$240 Doo= 4 9 to= The number of advances made by the the end of second, sixth, eighth, and 12th creditor. months after consummation. The equation is applied as follows: Pj = The amount of the payment made at Intervals are months. 1,800 1,000 1,800 , 1,000 , 1,800 . 1,000 the end of the ;'th interval. (1+i)8 * (1+i)« 1 (1+i)14 1 (1 , i) « 1 (1+i)»+ (ï+ ïj» The number of intervals from the date I/i = $1,000 <71=0 Pi = $290 Di = 2 of consummation to the jth pay 1,800 1,000 240 , 240 | 240 P = $290 D2 = 6 + =240+ ment. 2 (l+i)38+(l+i)*2 (l+0‘ 1"(l+i)2i' ‘ ‘ - +(l+i)« P3 = $290 D3 = 8 to= T he number of payments. P* = $290 d* = 12 i = 0.02522. 7c= The number of intervals in a year. The equation is adapted as follows: R = 124=12X0.02522 =0.30265 or 30.27%. f=R a te of finance charge per interval. R = Annual percentage rate expressed as (3) Transactions involving required ' 1 nnn 290 290 290 290 deposit balances, (i) Required constant a decimal number which shall be ’ (1+i)8- (1+i)« * (1+i)« 1 (1+i)12 converted into a percentage rate by deposit balance: moving the decimal point two places i =0.021873. Assume creditor advances $1,000 and re to the right. .R = 12i = 12 X 0.021873 =0.26247 or 26.25%. quires that the customer maintain a deposit (e) Installment transactions. The fol (iv) Payments at unequal intervals, balance of $200 during the 12-month loan. lowing relationship among the terms of The customer is to make 12 equal monthly unequal amounts: payments of $90 starting 1 month from date a credit transaction applies to all trans Assume creditor advances $1,000, and cus of consummation. The deposit balance will actions except those involving a single tomer is to make payments as follows: $200 be released to the customer upon final pay advance by the creditor and a single pay at end of second month, $300 at end of fifth ment of the advance. ment by the customer: month, $350 at end of eighth month, and Intervals are all months. Em , Ui . . U m $300 at end of 12th month. (1+0«1 1 (l+O V ’ ‘ ' "h(l+i)«m Intervals are months. I/i=$800 <7i = 0 „ | ? . I/2=$200 Q2= 1 2 P\ \ Pi . Pn l/i = $1,000 Qi = 0 Pi = $9 0 D l= 1 (l-H)’i (H-O’s"1” JÏÏ+OS Pi=$200 d i= 2 P2=$90 ' d2 = 2 P2=$300 d2 = 5 R is determined as follows : Ps=$350 Ds= 8 Pi2=$90 Di2=12 If intervals are months, R = 12i. P*=$300 d* = 12 If intervals are semi-months, R = 24i. The| equation is adapted as follows: The equation is applied as follows If intervals are weeks, R = 52i. If Intervals are days, R =365i. 1,000= 200 . 300 350 300 200 90 , 90 , , 90 (1) Transactions involving a single ad (1+i)1'^(l+i)*+(l+i)« (1+i)» 1 (1+i)» (l+O ^U +i)8*1' • • ' ^(l+i)» vance by creditor, (i) Payments at equal i=0.019886. i = 0.018524. intervals, even amounts: R = 12i = 12 X 0.019886=0.23864 or 23.86 %. R = I2 i= 12 X 0.018524 = 0.22230 or 22.23%. Assume creditor advances $1,000, and cus tomer is to make 24 equal monthly pay (v) Payment intervals greater than 1 (ii) Required varible deposit balance: ments of $47.50 starting 1 month from date year: Assume creditor advances $5,000 and re of consummation. Assume creditor advances $1,000, and cus quires a $1,000 deposit balance which is to Intervals are months. tomer is to .make two payments of $550 each be released in amounts of $500 per quarter I/i = $ 1,000 q i= 0 at the end of the 18th and 36th months beginning at the end of the first quarter from the date of consummation. Pi = $47.50 vi — 1 immediately following consummation. Cus Pa=$47.50 Da = 2 Intervals are months. tomer is to make 6 equal monthly pay ments of $900 beginning 1 month following Pa* = $47.50 Da*= 2 4 I7i=$1,000 <7i =Q Pi =$550 Di = 18 consummation. The equation is adapted as follows: Pa = $550 Da= 3 6 Intervals are all months. 47.50 . 47.50 . 47.50 The equation is adapted as follows: 1,000= I7i = $4,000 <7i = 0 (l+»)i+ (i+f)8+ * * <1+0« 550 550 E/2=$500 q2= 3 1,000= l /s = $500 7 3 = 6 i = 0.01076. (1+i)» 1 (1+i)«« < Pi=$900 Dl = 1 J* = 12f = 12 X 0.01076 =0.1291 or 12.91%. i - 0.003555. P2=$900 d2= 2 (ii) Payments at equal intervals, un R = 12i = 12 X 0.003555=0.04266 or 4.27%. even amounts: Pi2=$900 D i2=12 (2) Transaction involving multiple Assume creditor advances $1,000, and cus The equation is applied as follows: tomer is to make three payments of $200 advances by creditors. each at the end of the third, sixth, and Assume a college loan in which a creditor 500 500 900 900 ■ 900 4,000+ + ninth months and a $600 payment at the end plans to make eight advances to the bor (1+0* (1+*)« (l+i)i+ (l+i)+ + (l+0' of 1 year from the date of consummation. rower: $1,800 each September 1 for 4 years FEDERAL REGISTER, VOL. 33, NO. 204— FRIDAY, OCTOBER 18, 1968 PROPOSED RULE MAKING 15515 ¿=0.029932. involving- a single advance under the (iii> Payments irregular in amounts R —12Ì —12X0.029932= 0.35919 or 35.92%. constant ratio method: and/or intervals r (iii) Transaction where customer is re Assume creditor advances $1,000 (amount financed), and customer is to repay $1,120 quired to make periodic deposits into a ir—C i> Restricted savings account: in accordance with the schedule below. The weighted average time (Tp) In months is de Assume creditor advances $1,000, and cus (2) The following is the relationship termined by computing column (3) and di tomer is to make 12 equal monthly payments among the terms of a credit transaction viding its total by the total payments. ¿110, $90 of which is to be applied to involving multiple advances under the Repayment o f the advance and, the finance constant ratio method: tharge and $2Q of which is to be deposited (1) (2) (3) Into a savings account. The savings account kill be released to the customer upon final Payment Months until, pay a) x(2> Pf ment P,Vj payment o f th e advance. Of intervals are months. (3) For the purposes of this para $50 1 50 60 3 180 i/i=$l,000 q%= 0 graph, the symbols set forth in para 60 4 240 1/2= $240 qx— 12 graph (d) of this section shall apply, as 100 5 5Q0 100 7 700 Pi=$110 Vi=l applicable, as shall the following 300 8 2400 p3=$110 Vx—2 symbols : 300 10 3000 150 11 1650 R ' = The approximate annual percentage Pi2=$110 Vt2 = 1 2 rate expressed as a decimal number 1120. 8720 The equation is applied as follows: which shall be converted into a per centage rate by moving the decimal Weighted average time (T p) is no point two places to the right. 8720 1,OOOH(I+i)« (i+i)*(l+r)2 1 .--Hr(i+O® D=Finance charge in dollars. ------=7.79 months. Te=The number of intervals from the 1120' 4=0.014822. date of consummation to the cen tral point of the payments. P=12i=12 X 0.014822 =0.17787 or 17.79%. Vi.eoo/ P1V1+ P 2V2+ . . . —|-PnVn .R'= =0.18485 or 18.49%. (f) Single advance and single payment 7 .7 9 transactions. The following relationship P1+ P 2 + +Pn (5) Transactions involving multiple among the terms of a credit transaction advances by creditor: applies to those transactions involving a Tp = The number of intervals from the date of consummation to the cen Assume transaction is consummated on single advance by the creditor and a tral point of the advances. single payment by the customer: April 15 under the terms of which creditor U1q1+ U 2q2-\- . . . + Umqm makes equal advances of $900 on April 15, July 15, and November 15, and customer is to make 24 regular equal monthly payments « -(= ) ( ^ ) U i + 1/ 2+ . . . + Um of $120 beginning May 15. I (1) Transactions with maturities of (4) Transactions involving a single 1 + 2 4 [12 months or less : advance by creditor: Tp measured from April 1 5 = ------(i) Payments at equal intervals, even 2 I Assume creditor advances $1,000, and cus- amounts: = 1214 months. rtomer agrees t o make a single payment o f $1,100, 8 m onths from the date o f consum The amount U is financed by 24 monthly Tu measured from April 15 mation. payments of P each starting 1 month from 900(0) +900(3) +900(7) date of consummation. The finance charge -=3.33 months. Intervals are. months. is D. Tp in the case of payments at equal 2,700 intervals of even amounts, whether begin I üi=$l,000 qi—0 ning one or more intervals after date of Pi=$l,100 vi=8 , V 2,700/ consummation, is determined by taking the =0.0872 or 8.72%. [The equation is applied as follows: average of the times to first and last pay- 12.50—3.33 1 + 2 4 D / 12\ / 1, 100- 1,000 \ ment. That is, ------= 1 2 y2 months in this § 226.12 Comparative Index of Credit i,ooo ' ) 2 Cost for open end credit. 5=1.1500 or 15.00% . (a) General rule. Any creditor who ( D) elects to disclose the Comparative Index example so that R' ' 12 . if p were $140 I (2) Transactions with maturities of 12i/a of Credit Cost on open end credit more than 12 months: accounts— and U were $1,000, the result would be (1) Shall compute the Comparative Assume creditor advances $1,000, and cus 0.1344 or 13.44%, The annual percentage Index of Credit Cost in accordance with tomer is to make one payment of $1,212.42, rate determined by the actuarial method is 17 months from date of consummation. 12.91%. The constant ratio method always paragraph (b) of this section; overstates the annual percentage rate de (2) Shall recompute the Comparative Intervals are months. termined by the actuarial method in the Index of Credit Cost in accordance with t/i=$l,000 qi= o case of single payments and payments at paragraph (b) of this section based upon Pi=$l, 212.42 » 1= 17 equal intervals of even amounts, the extent any new open end credit account terms The equation is applied as follows: of overstatement being greater with higher to be adopted and shall disclose the new rates of finance charge and longer terms Comparative Index of Credit Cost in ac p / 12\/ 1, 212.42-1,000\ of payment. R KvJK— — ) cordance with paragraph (c) (2) of this (ii) Sihgle payment : section concurrently with the notice re \ 5=0.1500 or 15.00%. quired under § 226.7(b); Assume creditor advances $1,000 (amount (3) Shall, when making such disclo (g) Approximation of annual percent financed), and customer is to make one sure under the provisions of § 226.7 age rate. Creditors who qualify under payment of $1,052.64, 8 months from date (a) (5) or (b) (7), make the disclosure to P}® Provisions of paragraph (b) (2) of of consummation. The formula is applied all open end credit account customers; s 226.5 may approximate the annual per as follows: and centage rate by using the constant ratio method. (4) Shall not utilize such disclosure /52,64 V so as to contradict, mislead, confuse, ob (1) The following is the relationship V1 non / scure, or detract attention from the re Nhong the terms of a credit transaction jB'x»- ’ g 7 =0.07896o r 7.90%; quired disclosures. FEDERAI REGISTER, Ÿ Q t. JJ, NO. 204 — FRIDAY, OCTOBER 18, 1968 15516 PROPOSED RULE MAKING (b) Computation of Comparative In prior to the 10th day of each subsequent your account may be higher or lower de« dex of Credit Cost. The Comparative In billing cycle. pending on the dates and amounts o f charges dex of Credit Cost shall be computed by (4) The Comparative Index of Creditand payments. applying the terms of the creditor’s open Cost shall be expressed and disclosed as (2) Any newly computed Comparative end credit account plan to the following a percentage accurate to the nearest Index of Credit Cost shall be disclosed in hypothetical factors: hundredth of 1 percent and shall be de the form of the statement prescribed in ( 1 ) A single transaction in the amount termined-by dividing the total amount subparagraph (1) of this paragraph, ex of $100 is debited on the first day of a of the finance charges imposed by the cept that the statement shall be preceded billing cycle to an open end. credit ac sum of the daily balances and multiply by the words “Effective as of______>* count having no previous balance. ing the quotient so obtained by 360. For (Date) I (2) The creditor shall impose all fi this purpose, each billing cycle shall be with the words “will be” substituted for nance charges including periodic, fixed, considered to have an equal number of the word “is” in the second line of the m inim um or other charges applicable to days. statement. (c) Form of disclosure. (1) Any dis such account in amounts and on dates § 226.13 Exemption o f certain State consistent with his policy of imposing closure of the Comparative Index of regulated transactions. such charges upon open end credit ac Credit Cost shall be made in the form of the following statement: Pursuant to the provisions of section counts. 123 of the Act, the Board has determined (3) The exact amount of the required Our Comparative Index of Credit Cost minimum periodic payment is paid in under the terms of our open end credit ac that the specified classes of transactions count plan i s ______percent per year, com in the States designated in Supplement each subsequent and successive billing I to this part are exempt from the re cycle until the amount of the single puted on the basis of a single transaction of $100 debited on the first day of a billing quirements of chapter 2 of the Act and transaction, together with applicable fi cycle to an account having no previous bal the corresponding provisions of this nance charges, is paid in full. The credi ance, and paid in required minimum con part. tor shall select and disclose a common secutive instalments on t h e ______day of N ote : Supplement I to be issued with the payment date, which shall be the same each succeeding billing cycle until the trans final regulations. relative date within each billing cycle, action and all finance charges are paid in [F.R. Doc. 68-12692; Filed, Oct. 17, 1968; provided that in no event shall it be full. The actual percentage cost of credit on 8:45 a.m.] FEDERAL REGISTER, VOL. 33, NO. 204— FRIDAY, OCTOBER M , I9 6 0