FEDERAL REGISTER VOLUME 32 * NUMBER 131 Saturday, July 8, 1967 Washington, D.C. Pages 10043-10147 (Part II begins on page 10131)

Agencies in this issue- The Pre-ident Agriculture Deprtment Atomic EnerCy Commission Budmt Bureau Business and DauEze Services Administration Civil Aeonautlcs Board Commodity Credit Corporation Consumer and 1,arketlng Service Customs Bureau Economic Opportunity Office Education OMce Federal Aviation Administration Federal Highway Administration Federal Maritime Commission Federal Power Commlssion Federal Trade Comml-'on Foreign Ag-rlcultural Service Indlan Aiairs Burcau Interagency Textile Administrative Committce InteriorDepartment International Commerce Bureau Interstate Commerce Commfiion LaborDepartment Land Management Bureau Maritime Administration Narcotics Bureau National Labor Relations Board Securities and Etchange Commizson Small Business Administration Transportation Department Treasury Department DetAlcd list of Contents appears inside.

No. 131-P I--1 Announcing First 10-Year Cumulation

TABLES OF LAWS AFFECTED in Volumes 70-79 of the

UNITED STATES STATUTES AT LARGE

Lists all prior laws and other Federal in- public laws enacted during the years x956-- struments which were amended, repealed, 1965. Includes index of popular name or otherwise affected by the provisions of acts affected in Volumes 70-79.

Price: $2.50

Compiled 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

Published daily, Tuesday through Saturday (no publication on Sundays, Mondays, or FIll ll11lEtJISTEf on the day after an official Federal holiday), by the Office of the Federal Register, Nati, nid Archives and Records Service, General Services Administration (mail address National Area Code 202 Phone 962-8626 Archives Building, Washington, D.C. 20408). pursuant to the authority contained in the Federal Register Act, approved July 26, 1935 (49 Stat. 500, as amended; 44 U.S.C., Ch. 8B), under regulations prescribed by the Admin- Istrative Committee of the Federal Register, approved by the President (1 CFR Ch. I). Distribution is made only by the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. The FEDERAL REGISTER will be furnished by mail to subscribers, free of postage, for $1.50 per month or $15 per year, payable In advance. The charge for individual copies varies in proportion to the size of the issue (15 cents for the first 80 pages and 5 cents fur each additional group of 40 pages, as actually bound). Remit check or money order, made payable to the Superintendent of Dosuments, U.S. Government Printing Office, Washington, D.C. 20402. The regulatory material appearing herein is keyed to the CODE OF FEDERAL REGULATIONS, which is published, under t-0 tltleq, pur- suant to section 11 of the Federal Register.Act, as amended. The CODE OF FEDERAL REGULATIONS Is sold by the Stperintendent of Documents. Prices of books and pocket supplements are listed in the first FEDERAL REGISTER Issue of each month. There are no restrictions on the republication of material appearing in the FEDERAL REGISTER or the CODE Or FEtDFRAL I.AI N4, Contents

CONSUMER AND MARKETING FEDERAL MARITIME THE PRESIDENT SERVICE COMMISSION PROCLAMATION Rules and Regulations Notices World Law Day, 1965------10047 Avocados; import regulations---- 10052 Agreements filed for approval: EXECUTIVE ORDER Handling limitations: Lemons grown in California and Allied Stevedoring and Marine Adding the Secretary of Trans- Corp. et el_10125 of Arizona ------10052 portation to the membership Valencla oranges grown In Ari- American President Lines and the President's Council on Rec- zona and designated part of Luchenbach Steamship Co., Natural Beauty_-- 10049 10123 reation and California ------10051 Inc. Oranges grown in Florida; ship- Hanmburg-Amerika line et al 10123 ment limitations ------10051 Hawail/Europe Rate Agree- EXECUTIVE AGENCIES 10124 Proposed Rule Making ment Keat Navigatlon Co., Ltd., and DEPARTMENT U.S. standards for grades in Flor- Line-...... 10124 AGRICULTURE ida: Orient Overzeas See also Commodity Credit Cor- Grapefruit ------110084 Lykes Bros. Steamship Co., Inc., poration; Consumer and Mar- Oranges and tangelos ------10090 and South Afriean Marine keting Service; Foreign Agri- Tangerines ------10097 Corp., Ltd ------10124 cultural Service. Portugal/U.S. North Atlantic Rules and Regulations CUSTOMS BUREAU Westbound Freight Confer- Procurement by formal advertis- ence 10124 Notices ing; equal low bids ------10083 Spain/U.S. North Atlantic Notices Statement of organization, func- Westbound Frelght Confer- ence ------10125 Organization, functions and avail- tions, and procedures -- --- 10106 ability of information ------10118 ECONOMIC OPPORTUNITY FEDERAL POWER COMMISSION ENERGY COMMISSION OFFICE ATOMIC Rules and Regulations Notices Rules and Regulations Public information, organization Connecticut Yankee Atomic Power Community action programs; reg- Co.; issuance of provisional ulation governing requirement and method of operation-.....- 10052 operating license ------10120 of increase in non-Federal Notices 10073 share ------Hcarings, etc.: BUDGET BUREAU EDUCATION OFFICE El Paco Natural Gas Co ...... - 10114 Notices and Wisconsin Notices Kingsford Co., Tennessee Valley Authority; order Michigan Power Co...... 10114 transferring use, possession, and Construction of noncommercial Natural Gas Pipeline Company control of coal and coal rights in educational television broadcast of Americ...... 10114 notice of acceptance and under lands from General facilities; Public Utility District No. 1 of Administration ------. 10121 for filing of application for Fed- Services ------10120 Snohomish County, Wash., eral financial assistance and City of Everett, Wash_ 10115 BUSINESS AND DEFENSE FEDERAL AVIATION Wflhte, 1arvin E., et al------10110 SERVICES ADMINISTRATION ADMINISTRATION FEDERAL TRADE COMMISSION Notices Rules and Regulations Applications for duty-free entry of Rules and Regulations articles; decision: Airworthiness directives; BrIti-h scientific Aircraft Corp. Model BAC 1-11 Continental Scarf Corp., Inc., et Ohio State University ...-- 10119 10061 Oregon Regional Primate Re- 200 and 400 Series arcraft___ practices-. 10053 Control zone; alteration (2 docu- al.; prohibited trade search Center of the Medical 10001 Research Foundation of Ore- ments) ------FOREIGN AGRICULTRAL 10119 Transition area; designation; cor- gon------rection ------10061 SERVICE CIVIL AERONAUTICS BOARD Proposed Rule Making Notices Airworthiness standards; small func- Notices airplanes capable of carrying Statement of organization, Antillean Airline; no- 10103 of author- Alm Dutch more than 10 occupants ------01tytions and delegations 10117 tice of hearing ------10110 Control zone and transition area; proposed alteration- 10103 COMMERCE DEPARTMENT Operation of hot air balloons with- HEALTH, EDUCATION, AND limiting See Business and Defense Serv- out an airborne heater; WELFARE DEPARTMENT ices Administration; Interna- certain pilot privileges ------10103 tional Commerce Bureau; M~ari- Sce Education Oice. time Administration. FEDERAL HIGHWAY ADMINISTRATION INDIAN AFFAIRS BUREAU COMMODITY CREDIT Rules and Rogulations Rules and Regulations CORPORATION lotor vehicle safety standards: Tllngit and Haida Indians of Rules and Regulations Glazing materials ------10072 A sl:a; rEquirements for en- Barley; 1967 loan and purchase Hydraulic service brake, emer- rollment and deadlines for fl- program 10052 gency brake, and parking ing applicatons_------10053 Rice; loan and purchase program, brake systems------10072 1966 and subsequent crops -----10057 Seat belt assembly anchorages- 10072 (Cortinuedon next vag1) 10045 10046 CONTENTS

INTERAGENCY TEXTILE LABOR DEPARTMENT SECURITIES AND EXCHANGE ADMINISTRATIVE COMMITTEE Proposed Rule Making COMMISSION* Notices Federal service contracts; pro- Notices Certain cotton textiles and cotton posed interpretations ------10132 textile products produced or Hearings,etc.: manufactured in Malaysia; en- LAND MANAGEMENT BUREAU Columbia Fund, Inc ------10126 try or withdrawal from ware- Notices Subscription Television, Ino... 10120 house for consumption ------10125 California; proposed classification SMALL BUSINESS INTERIOR DEPARTMENT of public lands for multiple-use management ------10115 ADMINISTRATION See also Indian Affairs Bureau; Nevada; proposed withdrawal and Land Management Bureau. reservation of lands ------10116 Rules and Regulations Notices MARITIME ADMINISTRATION Administration; miscellaneous Commissioner of Indian Affairs; amendments ------10059 delegation of authority ------10117 Proposed Rule Making INTERNATIONAL COMMERCE Master lump sum repair contract; TRANSPORTATION DEPARTMENT proposed revision ------10102 BUREAU See also Federal Aviation Ad- Rules and Regulations NARCOTICS BUREAU ministration; Federal Highway Exports of copper, nickel and Rules and Regulations Administration. nickel alloys------10077 Public access to information- 10070 Rules and Regulations Miscellaneous amendments to chapter (3 documents) .------10078, Notices Testimony of employees of Olice 10079, 10082 Statement of organization, func- of the Secretary ------10076 tions and procedures ------10108 INTERSTATE COMMERCE NATIONAL LABOR TREASURY DEPARTMENT COMMISSION See also Customs Bureau; Nar- Notices RELATIONS BOARD cotics Bureau. Rules and Regulations Fourth section applications for Rules and Regulations relief ------10126 Statements of procedure; correc- Organization minutes ------10127 tion ------10059 Disclosure of records; correction.. 10059

List of CFR Parts Affected (Codification Guide) The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulative list of parts affected, covering the current month to date, appears at the end of each issue beginning with the second issue of the month. A cumulative guide is published separately at the end of each month. The guide lists the paris and sections affected by documents published since January 1, 1967, and specifies how they are affected.

3 CFR 15 CFR 25 CFR PROCLAMATION: Ch. III ------10077 41 ------10058 3791 ------10047 369 ------10078 EXECUTIVE ORDER: 370 ------10078 29 CFR 10079 11359A ------10049 371 ------101 ------10059 372 ------10078 373 (2 documents) ------10078, 10079 PROPOSED RULES: 7 CFR 379_------10078 4 ------10132 905 ------10051 382 ------10082 908 ------10051 385 ------10079 31 CFR 910 ------10052 399 ------10082 1------10059 944 ------10052 1421 (2 documents) ------10052, 10057 16 CFR 32A CFR PROPOSED RULES: 13 ------10058 PROPOSED RuLES: 51 (3 documents)--- 10084, 10090, 10097 Ch. XVIII (MA): 18 CFR SMR-5 ------10102 13 R 1 ------10062 101 ------10059 3------10062 41 CFR 4-2------10083 14 CFR 21 CFR 39 ------10061 308 ------10070 45 CFR 71 (3 documents) ------10061 1030 ------10073 PROPOSED RULES: 23 CFR 23 ------10103 61 ------10103 255 (3 documents) ------10072 49 CFR 71 ------10103 9------10076 10047 Presidential Documents

Title 3-THE PRESIDENT Proclamation 3791 WORLD LAW DAY, 1967 By the President of the United States of America A Proclamation Our Nation is committed to the Rule of Law. A government of laws, rather than of men, is the very essence of our society. The Rule of Law, in our tradition, demands that -Men be entitled to the government and the representatives of their choice. -No citizen be above the law. -Justice be administered by an independent judicial system. -Disputes be fairly resolved by peaceful means. We wish that relations among nations, as among individual citizens, were always governed by the Rule of Law-that disputes among nations were always adjudicated peacefully-that nations could learn to live with their differences as law-abidng neighbors. One step in making this vision a reality is the joining together of the best judicial and legal minds of many nations. Many men of such eminence will assemble in Geneva on July 10, 19GT, for the World Conference of World Peace Through Law. While other meetings will command more headlines, none will meet for a more important purpose. It is especially fitting in these times of strife that we salute those who seek to establish the Rule of Law as a standard for the world. Our best wishes are with this conference, as it assembles to promote the role of law and legal institutions in the resolution of international disputes and the maintenance of world peace. We join our fellow men throughout the world in reaffirming our commitment to the principles of international justice-and our hope that all men may find the wisdom to implement them. NOW, THEREFORE, 1, LYNDON B. JOHNSON, President of the United States of America, in order to advance the great goal of achieving and securing world peace, do hereby proclaim July 10,196T, as World Law Day, and I call upon all publ' and private oflicials, members of the legal profession, citizens, and all men of good will to demonstrate the importance of the law in mankind's quest for world peace by appropriate observances and ceremonies in courts, schools, universities, and other public places. IN WITrESS WHEREOF, I have hereunto set my hand this third day of July in the year of our Lord nineteen hundred and sixty-seven, and of the Independence of the Urnited States of America the one hundred and ninety-first.

[F.I. Doe. 67-7971; Flied, July 7, 11M7; 10:35 a.m.]

FEDERAL REGISTER, VOL. 32, NO. 131-SATURDAY, JULY 8, 1967

THE PRESIDENT 10049

Executive Order 11359A ADDING THE SECRETARY OF TRANSPORTATION TO THE MEMBERSHIP OF THE PRESIDENT'S COUNCIL ON RECREATION AND NATURAL BEAUTY By virtue of the authority vested in me as President of the United States, Executive Order No. 11278 of May 4, 1000, entitled "Estab- lishing a President's Council and a Committee on Recreation and Natural Beauty", is hereby amended as follows: (1) By inserting in section 101(a) thereof, after "the Secretary of Rousing and Urban Development, the following: "the Secretary of Transportation,". (2) -By substituting for "and the Secretary of Housing and Urban Development,", in section 101(b) thereof, the following: "the Secre- tary of Housing and Urban Development, and the Secretary of Transportation,".

Tnn WHITE RorSE, Jtne 2,9, 137. [P'.R. Doe. 07-7931; Flied, July 0, 1007; 2: 11 p.m.]

FEDERAL REGISTER, VOL 32, NO. 131-SATURDAY, JULY 1, 1967

1051 Rules and Regulations

said recommendation of the committee, (Valencla Orange Pc. 2101 Title 7-AGRCULTURE and Information concerning such pro- visions and effective time has been dis- PART 900--VALENCIA ORANGES Chapter IX-Consumer and Market- seminated among handlers of such or- GROVN IN ARIZONA AND DESIG- ing Service (Marketing Agreements anges; it Is necessary, in order to effec- NATED PART OF CALIFORNIA and Orders; Fruits, Vegetables, tuate the declared policy of the act, to make this regulation effective during the Limitation of Handling Nuts), Department of Agriculture period hereinafter set forth so as to pro- § 903.510 Valencia Orange Regultion [Orane eg. 561 vide for the continued regulation of the 210. handling of oranges, and compliance with PART 905-ORANGES, GRAPEFRUIT, this regulation will not require any spe- (a) Findings. (1) Pursuant to the TANGERINES, AND TANGELOS cial preparation on the part of the per- marketing agreement, as amended, and GROWN IN FLORIDA sons subject thereto which cannot be Order No. 900, as amended (7 CFR Part completed by the effective time hereof. 908), reculating the handling of Valencia Limitation of Shipments oranges grown in Arizona and desig- § 905.494 Orange Regulation 56. Findings. (1) Pursuant to the market- nated part of California, effective under ing agreement, as amended, and Order (a) Order. (1) Orange Regulation 55 the applicable provisions of the Azricul- No. 905, as amended (7 CFR Part 905), (31 F.R. 15189, 15584, 32 F.R. 4507, 8761. tural Marketing Agreement Act of 1937, regulating the handling of oranges, 9081) is hereby terminated July 10, 1907. as amended (7 U.S.C. 601-674), and upon grapefruit, tangerines, and tangelos (2) During the period July 10, 19G7, the basis of the recommendations and grown in Florida, effective under the ap- through September 10, 1907. no handler information submitted by the Valencia plicable provisions of the Agricultural shall ship between the production area Orange Administrative Committee, es- Marketing Agreement Act of 1937, as and any point outside thereof In the con- tablished under the -aid amended mar- amended (7 U.S.C. 601-674), and upon tinental United States, Canada, or keting agreement and order, and upon the basis of the recommendations of the Mexico: other available Information, It is hereby committees established under the afore- (I) Any oranges, except Temple and found that the limitation of handling of said amended marketing agreement and Murcott Honey oranges, grown in the such Valencia oranges, as hereinafter order, and upon other available informa- production area, which do not grade at provided, will tend to effectate the de- tion, it is hereby found that the limita- least US. No. 2, Russet; or clared policy of the act. tion of shipments of oranges, as here- (i) Any oranges, except Temple and (2) It is hereby further found that It inafter provided, will tend to effectuate lurcott Honey oranges, grown in the Is impracticable and contrary to the the declared policy of the act. production area, which are of a size public interet to give preliminary notice, (2) It is hereby further found that smaller than 2,1@ inches in diameter, ex- engage In public rule-making procedure, it is impracticable and contrary to the cept that a tolerance of 10 percent, by and postpone the effective date of this public interest to give preliminary notice, count, of oranges smaller than such ,ection until 30 days after publication engage in public rule-making procedure, minimum diameter shall be permitted, hereof in the FnzDmL Rzor-rr (5 US.C. and postpone the effective date of this which tolerance shall be applied in ac- 553) becaue the time Intervening be- regulation until 30 days after publication cordance with the provisions for the ap- tween the date when information upon thereof in the FEERAT REGIsTER (5 U.S.C. plication of tolerances specified n the which this cection is bas2d became avail- 553) because the time intervening be- U.S. Standards for Florida Oranges and able and the time when this section must otween the date when information upon Tangelos: Provided,That in determining become effective In order to effectuate which this regulation is based became the percentage of oranges in any lot the declared policy of the act is insuf- available and the time when this regula- which are smaller than 2 j,0 inches in ficient, and a reasonable time is per- tion must become effective -in order to diameter, such percentage shall be based mitted, under the circumstances, for effectuate the declared policy of the act only on those oranges in such lot which preparation for such effective time; and is insufficient; a reasonable time is per- are of a size 210,jr inches in diameter or good cauze exists for maLing the provi- mitted,, under the circumstances, for smaller. sions hereof effective as hereinafter set preparation for such effective time; and (3) Terms used in the amended mar- forth. The committee held an open meet- good cause exists for making the pro- keting agreement and order shall, when Ing during the current weal:, after giving visions hereof effective as hereinafter used herein, have the same meaning as due notice thereof, to consider supply set forth. Shipments of oranges, includ- is given to the respective term in said and market conditions for Valencia ing Temple and Mlurcott Honey oranges, amended marketing agreement and oranges and the need for regulation; in- grown in the production area, are pres- order; and terms relating to grade, di- tereted persons were afforded an oppor- ently subject to regulation by grades ameter, standard pack, and standard box. tunity to submit information and viers and sizes, pursuant to the amended mar- as used herein, shall have the applicable at this meeting; the recommendation keting agreement and order; the recom- meaning given to the respective term in and supporting information for re-uIa- mendation and supporting information the U.S. Standards for Florida Oranges tion during the period specified herein for regulation during the period specified and Tangelos (7 CFR 51.1140-51.1178. were promptly submitted to the Depart- ment after such meeting was held; the herein were promptly submitted to the (Sees. 1-19, 48 Stat. 31, as amended; 7 US.C. Department after an open meeting of 601-674) provisions of this section, including its the Growers Administrative Committee effective time, are Identical with the on June 21, 1967, such meeting was held Dated: July 6,1967. aforezald recommendation of the com- to consider recommendations for regula- mittee, and Information concerning such tion, after giving due notice of such FLOYD F. HEDLUND, provisions and effective time has 'been meeting, and interested persons were Director, Fruit and Vegetable dlseminated among handlers of such afforded an opportunity to submit their Division, Consumer and Mar- Valencla oranges; it is necessary, In views at this meeting; the provisions of loeting Service. order to effectuate the decIared policy of this regulation, including the effective [P.R. Dc. 67-7959; flicd. July 7, "1G7; the act, to mahe this section effective time hereof, are identical with the afore- 8:49 an.] during the period herein specified; and

FEDERAL REGISTER, VOL. 32, NO. 131-SATURDAY, JULY 0, 1967 No. 131-Pt. 1-2 10052 RULES AND REGULATIONS compliance with this section will not re- were afforded an opportunity to submit It is hereby found that it is Imprac- quire any special preparation on the part information and views at this meeting; ticable, unnecessary, and contrary to tho of persons subject hereto which cannot the recommendation and supporting in- public interest to give preliminary no- be completed on or before the effective formation for regulation during the tice, engage in public rule making pro- date hereof. Such committee meeting period specified herein were promptly cedure, and postpone the effective time was held on July 6, 1967. submitted to the Department after such of this regulation beyond that herein- (b) Order. (1) The respective quanti- meeting was held; the provisions of this after specilied 15 U.S.C. 553) in that (i) ties of Valencia oranges grown in Ari- regulation, including its effective time, the requirements of this amended Ii- zona and designated part of California are identical with the aforesaid recom- port regulation are imposed pursuant to which may be handled during the period mendation of the committee, and infor- section 8e of the Agricultural Marketing July 9, 1967, through July 15, 1967, are mation concerning such provisions and Agreement Act of 1937, as amended (7 hereby fixed as follows: effective time has been disseminated U.S.C. 601-674), which makes such regU- (i) District 1: 150,000 cartons; among handlers of such lemons; it is lation mandatory; (b) such regulation (ii) District 2: 350,000 cartons; necessary, in,order to effectuate the de- imposes the same grade and comparable (ii) District 3: Unlimited movement. clared policy of the act, to make this maturity requirements on Imports of (2) As used in this section, "handled," section effective during the period here- avocados as are being made applicable "handler," "District 1," "District 2," in specified; and compliance with this to the shipment of avocados grown in "District 3," and "carton" have the same section will not require any special Florida under Avocado Regulation 9,as meaning as when used in said amended preparation on the part of persons sub- amended, which becomes effective July marketing agreement and order. ject hereto which cannot be completed 10, 1967; (c) such domestic and im- (Seca. 1-19, 48 Stat. 31, as amended; 7 U.S.C. on or before the effective date hereof. port restrictions should become effec- 601-674) Such committee meeting was held on tive at as near the same time as prac- July 5, 1967. (d) Dated: July 7,1967. ticable; compliance with this Import (b) Order. (1) The respective quan- regulation will not require any special F. L. SOUHERLAND, tities of lemons grown in California and preparation which cannot be 'comph,ted Deputy Director,Fruit and Veg- Arizona which may be handled during by the effective time hereof; (e) notice etable Division, Consumer and the period July 9, 1967, through July 15, hereof in excess of 3 days, the minimum Marketing Service. 1967, are hereby fixed as follows: prescribed by said section Be, is given [P.R. Doe. 67-7975; Filed, July 7, 1967; (i) District 1: Unlimited movement; with respect to this import regulation, 11:40 a.m.l (if) District 2: 325,500 cartons; insofar as it imposes added restrcton4 (li) District 3: Unlimited movement. and (f) such notice Is hereby determined, (2) As used in this section, "handled," under the circumstances, to be reason- [Lemon Reg. 275) "District 1," "District 2," "District 3," able. and "carton" have the same meaning as PART 910-LEMONS GROWN IN Dated: July 7, 1967, t6 become effective when used in the said amended market- 10, 1967. CALIFORNIA AND ARIZONA ing agreement and order. July F. L.SOUTIERLAND, Limitation of Handling (Sees. 1-19, 48 Stat. 31, as amended; 7 U.S.C. Deputy Director, 601-674) Fruitand Vege- § 910.575 Lemon Regulation 275. table Division, Consumer and (a) Findings. (1) Pursuant to the Dated: July 7,1967. Marketing Service. marketing agreement, as amended, and F. L. SOUTHERLAND, [F.R. Doe. 67-7172; Filed, July 7, 1907; Order No. 910, as amended (7 CFR Part Deputy Director,Fruit and Veg- 11:40 a.m.] 910), regulating the handling of lemons etable Division, Consumer and grown in California and Arizona, effec- Marketing Service. Chapter XIV-Commodity Credit Cor- tive under the applicable provisions of [P.R. Doc. 67-7974; Filed, July 7, 1967; the Agricultural Marketing Agreement 11:40 a.m.l poration, Department of Agriculture Act of 1937, as amended (7 U.S.C. 601- SUBCHAPTER B-LOANS, PURCHASES, AND 674), and upon the basis of the recom- [Avocado Reg. 15, Amdt. 11 OTHER OPERATIONS mendations and information submitted PART [CCO Grain Price Support Begs,, 1167=C'rop by the Lemon Administrative Commit- 944-FRUIT; IMPORT Barley Supp.] tee, established under the said amended REGULATIONS marketing agreement and order, and PART 1421-GRAINS AND SIMILARLY upon other available information, it is Avocados HANDLED COMMODITIES hereby found that the limitation of han- Pursuant to the provisions of section dling of such lemons, as hereinafter pro- 8e of the Agricultural Marketing Agree- Subpart--1967 Crop Barley Loan and vided, will tend to effectuate the declared ment Act of 1937, as amended (7 U.S.C. Purchase Program policy of the act. 601-674), the provisions of paragraph The General Regulations Governing (2) It is hereby further found that it (a) of § 944.7 (Avocado Reg. 15; 32 P.R. Price Support for the 1964 is impracticable and Subse- and contrary to the pub- 7245) are hereby amended to read as quent Crops (Revision 1) (31 P.R. 5941) lic interest to give preliminary notice, follows: and the 1966 and Subsequent Crop Barley engage in public rule-making procedure, § 944.7 Avocado Regulation 15. Supplement (31 F.R. 7984 and 32 F.R. and postpone the effective date of this 9151) which contain regulations of a section until 30 days after publication (a) On and after the effective time of general nature with respect to price sup- hereof in the FEDERAL REGISTER (5 U.S.C. this section, the importation into the port operations are further supplemented 553) because the time intervening be- United States of any avocados is pro- for the 1967 crop of barley tween the date when information upon hibited unless such avocados are in- as follows: which this section is based became avail- spected and meet the following require- Sec. able 1421.2281 Availability. and the time when this section must ments: 1421.2282 Warehouse charges. become effective in order to effectuate (1) All avocados imported during the 1421.2283 Maturity of loans. the declared policy of the act is insuffi- period May 20, 1967, through April 30, 1421.2284 Support rates and discount. cient, and a reasonable time is permitted, 1968, shall grade not less than U.S. No. 3. AuTHoRITY: The provIslons of this subpa Il under the circumstances, for prepara- (2) Avocados of the Pollock variety issued under sec. 4, 62 Stat 1070 as amendul: tion for such effective time; and good shall not be imported prior to July 10, 15 U.S.C. 714b. Interpret or apply see. 5, A2 cause exists for making the provisions 1967, and from July 10, 1967, through Stat. 1072, secs. 105, 401, 63 Mtat 1051 to hereof effective as hereinafter set forth. July 30, 1967, shall not be imported amended; 15 U.SXC. 714c, 7 U.S.C, 1421, 1441. The committee held an open meeting unless the individual fruit in each lot during the current week, after giving due of such avocados weighs at least 18 § 1421.2281 Ainilability. notice thereof, to consider supply and ounces or measures at least 311, inches A producer desiring a price support market conditions for lemons and the in diameter; loan must request a loan on his eligible need for regulation; interested persons barley on or before April 30, 1968, on FEDERAL REGISTER, VOL. 32, NO. 131-SATURDAY, JULY 8, 1967 RULES AND REGULATIONS 10053 barley stored In Alaska, Idaho, Minne- Dcductfor A==_ &i Maturity sota, Montana, North Dakota, Oregon, date of (cen ts pr Toatc per South Dakota, Washington, Apri 30,1068 bu.hcl R ate pes- Wisconsin, (1) County bue and Wyoming, and on or before March (2) 2Conartly buTz'~z Feb. 21-Mar. 11, 1008 ------Apacho ... 0.81 1ohavo __ C9.19 31, 1968, on barley stored in all other 3 Cochisco .03 navalo __ .81 States. To obtain pricm support through Mar. 12-Mar. 31, 1968 ------...---- 2 Coonino .81 Plma __ _ .3 Apr. I-Apr. 30, 108 ...... ------1 Pina .. 1.0C a sale to CCC, a producer must give the Pia 2L...... 03 appropriate ASCS county office notice of 'Storage commenco date, rll dates Inclu- Graham C.13 Santa Cruz .93 his intent to sell his eligible barley to sive. Grcenlec .. .7G Yeavarai----.81 CCC on or before May 31, 1968, for barley 2 Charges shall be reduced by 2 cents per larklcop. 1.8C YUniM.. 1.02 bushel If producer prczents evrdenee that stored in the States named in this section elevation charges were Anxzmsr.z and on or before April 30, 1968, for prepaid. Arhlatas .__ 0.03 Lea - _ $1.02 barley stored in all other States. § 1421.2283 Maturity of loans. Achley .57 Lincoln __ . V3 § 1421.2282 Warehouse charges. Loans mature on demand but not later Baxter .o Little Piver .83 Beaton, G..7 Lc3an .8 j than: May 31, 1968, on barley stored In Boone .83 Subject to the provisions of § 1421.2269, the States of Alaska, Idaho, DinnUcota, the schedules of deductions set forth in Bradley .2.... 2 Montana, North Dakota, South Dahota, Calhoun __ .91 Lono this section shall apply to barley stored Carroll .... . ?Iarion .3431.0C Oregon, Washington, Wisconin, and 11111cr E83 in an approved warehouse operating un- lTladzo ... .1: der the Uniform Grain Wyoming and April 30, 1968, on barley CiCot . .57 Iticaiczalppilizto- __ - 1.02CT Storage Agree- stored in all other States. Clark .91 Meonraa...... __ 01 ment and operated by an Eastern com- clay In3 Uontgoa~nry § 1421.2284 Support rates .83 mon carrier. and discounts. Cleburne 1. C Nlevada - E83 (a)- Warehouses approved under the (a) Basic support rates (terminals). Cleveland .. .04 7e-ton - .03 Uniform Grain Storage Agreement. Basic support rates for Columbia - . C3 Ouachita .9 O loan and rettle- .97 SCHEDuIE OP DEDCUOz-S Ton STORAGE CAnGEs By ment purposes for grade No. 2 or better Conway Perry ... .91 MATURITY DATES Cra!ghead 1.012_ PhillipsPIMLKI --- 1.01EJ0 barley stored in approved warehouses Crawford .... .3 at the terminal markets listed below are Deduc- Crittenden 1.62 Polnzett .... 1.02 Maturity date of tion IMaturity date of as follows: Crcs ____ L 02 Palk__ _ . W April 30; 190S (cents May31, 1 63 rate per Dallas-- .92 Pope . 3 Terminal maarazt bushel Duha...... 3 Prairie .... buhtel) 1. Atchison, Man ...------1.03 PaulknerDrw ------...... n7 PullzI1 .9 3 anmsas City, Io .------.. c Randolph ___ 1.09 (1); Saint Joseph, Mo .------1.03 Franklin .89 St. rana..... 1.02 Prior to May 17, 1B7. 13 Prior to June 17, Omaha. N1ebr. ------Tulton . 4 1967. 1. 0'7 Salne .... .94 May 17-Yune 13, 197_ 12 June 17-July 14, Sioux City, Iowa ------1. 07 Garland .. .01 Scatt, .87 MInnapolls, i... ------1.10 Grant ...... 2 11 1067. s narcy...... 3 June 14-July 11, 1967__ July 15-Aug. 11, Duluth, Minn.------1.10 Greene10------1.01 Se!bastian - .83 1957. Superior, Wls .------Hemp ..d .3 Yly 12-Aug. 8,1967.... 10 Aug. 12-Sept 8, 1.10 Evvier n .83 19067. St. Paul. Min ..------1.10 Hot Spring_ .G2 Sharp .... .14 Aug. 9-Sept. 5,1967.. 9 Howard ------. 3 8 Sept. 9-Oct. 6, 1067. Galveston, Tex ...------1.19 Stone G92 Sept. 6-Oct. 3, 1967._I Oct. 7-Nov. 3, 1067. Houston, Te.x ------1.10 Independence. .05 Union .0...... 3 Oct. 4-Oct. 31,1967-. 7 Nov. 4-Dec. 1,1957. Izard -...... 52 Nov. 1-Nov. 23,1967._ 6 Dec. 2-Dea. 29, 107. Port Arthur, Tex.------1.10 JacTon . .. 0:) Van Buren G.7 Nov. 29-Dec. 26, 1967_ Baton Rouge, La .------1.19 Washington .. .&7 5 Dec.28, 1913.30, 1067-Jan. a. 27-Feb.23, New Orleans, La...------.------1.19 Jeffercon .... 03 white ____ 1.0 Dec. 27,1967-Jan. 23, 4 Beaumont, Jobnson .... .3 196 Tex. ------1.10 Woodruff - 1.01 Jan. 24-Feb. 20, 1g_._ 3 Feb. 24-Mar. 2, Chicago, ...... ------1.14 Lafayette . .. Yell--- - - SO 19M. Saint Louis, Mo.------1.14 Lawrence, 1.Co Feb. 21-Mar. 19, 1968_3 Mtar. 23-Apr. 19, il waukee, Wis.------.. .------1.14 19M.q CU aLws=". 1 Mfemphis, Tenn. ------1.13 Mar. 20-Apr. 30, 10 -. Apr. 20-May 31, Cairo 112G...... -...... ------1.13 Alameda .... 01. 67 Pluma .. _s .193 Longview, Wash. -----...... ------1.14 Tacoma, Wash ...... ------1.14 Alpine ------. 03 River ad 1.03 IDate storage charges start, all dates Inclusive. Anmuclor __.. 1.67 Sacramento - 1.106 Vancouver, Wash. ------1.14 Butte .... 1.04 Can (b) Warehouses operated by Eastern Seattle, Wash .....------Benito.. 1.03 1.14 Coluae ... San common carriers. (1) Eligible barley Xalarna, 'Wash.... -.------1.14 1. C Portland, Oreg .------.... Bernardino- 1.05 stored in the following approved Eastern .------1.14 Contra Costa - 1.07 San Dlezo -_ 1.02 common carrier warehouses Astoria, Oreg .------.....---- -. 14 El Dorado -- 1. 04 may be San PTrancisco, Callf San Joaquin - 1.03 ...... ------1.18 Fremno .... 1. 6 placed under loan or offered for sale to Stockton, Cal ...... ------1.18 San Luls CCC: (i) Glenn 1.03 Ob-pa - 1. 02 Canadian National Railway Oakland, Calf ...... ------1.18 IZ-n ~te - 1.07 Co., Portland Elevator, Warehouse Code Humboldt . 33... Los Angeles, Calif..... ------1.18 Impcral - 1.03 Santa 9-2101, Portland, Maine, and (i) Penn- Long Beach, Calif ...------1.18 Inyo ---. --... .03 sylvania Railroad Co. Canton Elevator, Wilmington. Calf ...... ------Barbar -_ 1.01 18 1em------1.04 Santa Clara.. Warehouse Albany, ...... ------1.23 1. CS Code 9-2151, Baltimore, Md. MrnG. 1.03 Santa Cruz _- 1.0-1 (2) Schedule of deductions for storage Philadelphia, Pa .------.. 1.23 Baltimore, d.------1.23 Lake ------1..2 Sha-7ta...... SS charges: New York, N.Y ...... Laen ... .S2 S!.ra . .91 Duc 1.23 1Ca Angeles.... 1.0-; Slzilyou ..... 09 tion Norfolk, Va.----- ...... ------1.23 Maturity date o1 (cents per Madera .. 1.01 Soallao .___ 1. C3 April 30, 1968 butsh el) (b) Basic support rates (counties). SZnoma 1. CS (5) (3) Basic county support rates for loan and narlpcc3 ..... 1.0 StarnLeaus 1.07 Prior to June 26, 1967 -...... 16 ?endcelno __ .S3 Sutter 1.05 June 26-July 15, 1967 --.----...... settlement purposes for farm-stored and Merced ------1.07 15 Ifcdoa .... s8 Tehama-1.01 July 16-Aug. 4, 1967 ...... 14 country warehouse-stored barley are Telare ..... 1. C4 Aug. 5-Aug. 24, 1967_ ...... 13 established for barley grading No. 2 or Montcrey ___ 1. 04 Tuolumne 1.07 Aug. 25-Sept. 13, 1967...... 12 Niapa ...... 1. 03 Ventum_a 1.05 Sept. 14-Oct. 3, 1967 ...... 11 better and are as follows: Orange ------1.05 Yoo . . .S Oct. 4-Oct. 23, 1967 --...... 10 Placer ------1.03 Yub3 ------1.03 Oct. 24-Nov. 12, 1967 ...... Rate per 9 County braee CorIo: Nov. 13-Dec. 2, 1967...... 8 Dec. 3-Dec. 22, 1967 ...... 7 Adam - O... Dec. 23, 1967-Jan. 11, 1968 ------All counties _. - -. 00 6 Alanosa .01 Bent ...... Jan. 12-Jan. 31, 1968...... 5 Feb. 1-Feb. 20, 1968 ...... Arapahoe .G Boulder _- .8 4 All counties ------...... 1.E 0 Archuleta .-M Chafee ------. 81

FEDERAL REGISTER, VOL 32, NO. 131-SATUP, AY, JULY 8, 1967 10054 RULES AND REGULATIONS OoLOADo-Continued ILLinOIs--Continued IOWA-Continued Rate per Rate per Rate per Rate per Rate per County bushel County bushel Rate per County bushel County bushel County bushel County , bushel Cheyenne ---- $0.86 Lincoln ---- $0.86 Mcflonough -- $0.97 Randolph ----$0.96 Conejos .81 Logan ------. Dallas ------$0.80 Marion ...... $0, 8 86 McHenry ---- 1.02 Richland --. . 95 Davis ------. 91 Marshall .. Costailia- ... .81 Mesa ------. 81 McLean . 119 ... .99 Rock Island_. 1.00 Decatur ----- . 88 Mills ------. 92 Crowley -----. 86 Moffat ------. 81 ----. Macon . 98 St. Clair ... .99 Delaware --. . 91 Mitchell ----- .90 Custer ------. 86 Montezuma -- .81 Macoupin . .98 Saline ...... 93 Des Moines.... .94 Monona ...... 91 Delta ------. 81 Montrose -- .81 Madison ... .99 Sangamon . .97 Dickinson .89 Monroe ...... Denver ------. 86 Morgan ------. Marion ------. [it 86 97 Schuyler - .98 Dubuque .92 Montgomery .92 Dolores .81 Otero ------. 86 Marshall ---- 1.01 Scott Douglas ------. 98 Emmet ------. 90 Muscatine - .114 -----. 86 Ouray ------. 81 Mason ------. 97 Shelby ------. 96 Fayette ------. Eagle ------. 81 90 O'Brien ... . 88 Phillips -----. 86 Massac ------. 95 Stark ------1.00 Floyd ------. 90 Osceola Elbert ------. 86 Pitkn Menard ...... 88 ------. 81 .98 Stephenson -- 1.01 Franklin .. 89 Page ...... -. E Paso ------. 86 Mercer .92 Prowors -----. 86 ------. 99 Tazewell ---. 98 Fremont .92 Palo Alto ...... Fremont -.. .86 Pueblo ------. 86 Monroe ------. 98 Union 89 ------. 96 Greene ------. 88 Plymouth .... 89 Garfield .------81 Rio Blanco _ .81 Montgomery- .97 Vermilion 1--1. 00 Grand ------. Grundy ... .89 Pocahontas .88 81 Rio Grande .81 Morgan ------. 98 Wabash ------. 97 Guthrie ... .89 Polk Huerfano --- _.86 Moultrie ------.88 Routt ...... 81 -----. 98 Warren ------. 99 Hamilton .88 Potta- Jackson ------. 81 11 Ogle ------1.02 Washington Saguache --- . -- .96 Hancock .. .90 wattamle .02 Jefferson --. . 86 San Miguel Peoria ------. 99 Wayne ------. .81 98 Hardin ------. 89 Poweshiek .90 Kiowa ------. 86 Sedgwick ---.. 86 Perry---...... -- 96 White ------. 93 Harrison Kit Carson.... -----. 92 Ringgold .87 .86 Summit --... 81 Piatt------.. 98 Whiteside 1--. 01 Henry ------. 92 La Plata - Pike Sao ------. 80 .81 Washington - .86 ------. 98 Will ------1.02 Howard ----- .90 Larlmer -----. Pope ------. Scott ------. 04 86 Wild ------. 86 94 Williamson .96 Humboldt -.- 88 Shelby Las Animas -- .86 Pulaski ------. 96 Winnebago ------. 02 Yuma ------. 86 1.01 Ida ------. 89 SIoux ...... Putnam --- 1.00 Woodford ---- 1.00 .89 CONNECTICUT Iowa ------. 91 Story ------. 88 All counties ------. 00 INDIANA Jackson -- . 95 Tana ------. 90 Jasper ------. 88 Taylor ...... 89 D=rAw"nx Adams- 8....$0.92 Lawrence ----$0.92 Jefferson ----. 91 Al counties ------$1.001. Allen ------. 92 Union ------. 89 Madison -----. 93 Johnson -----. 92 Van Batholomew - .90 Marion Buren.... .91 FLORIDA ------. 92 Jones ------. 92 Wapello Benton .96 ...... 0 All counties ------8-$0.99 Marshall ... .94 Keokuk ... .90 Warren ... Blackford -.. .94 Martin ------. 91 .88 Kossuth -----. 89 Washington . .91 GEORGIA Boone ------. 92 Miami ------. 94 Lee ------. 95 Wayne ...... All counties ------*- $0.99 Brown ------. 89 Monroe ------. 94 90 Linn ------. 92 Webster ..... 88 Carroll ------. 95 Montgomery - .93 Louisa ------. IDAHO Cass ------. 95 92 Winnebago .90 Ada ------$0.91 Gem Morgan ... .90 Lucas ------. ------$0.91 Clark ------. 87 Newton ... .99 88 Wlnneshiek . .90 Adams ------. 91 Gooding -----. 91 Lyon ------. 87 Woodbury -. .D0 Bannock ---- .90 Idaho ------. Clay ------. 95 Noble ------. 93 Madison ----- .87 92 Clinton ... .94 Ohio ------. 88 Worth ...... 90 Beer Lake.... .89 Jefferson ... .89 Mahaska --. . 90 Wright -.. Crawford ... .97 U9 Benewah .94 Jerome ------. 91 Orange ------. 95 Bingham .89 Kootenai Daviess ------. 90 Owen ------. 90 KANSAS -.. .94 Dearborn Blaine ------. 90 Latah ------. ... .88 Parke ------. 93 94 Decatur ... .90 Allen ------$0.93 Boise ------. 91 Lembl ------. 89 Perry ------. 97 Johnson ---- $0,93 De Kalb -----. 93 Pike ------. 94 Anderson ----- 93 Kearny ------.- Bonner ------. 89 Lewis ------. 93 Kingman . .. 9180 Bonneville . .89 Lincoln Delaware ... .92 Porter ------. 98 Atchinson -.-- 93 .91 Dubois ------. 98 Barber ------. 0 Boundary .88 Madison -----. 89 Posey ------. 95 Kiowa ...... 90 Elkhart ... .94 Barton ------. 90 Butte ------. 89 MInidoka --. . 91 Pulaski ------. 96 Labette ...... 93 Fayette ... .90 Bourbon ...- . D3 Camas ------.90 Nez Perce...... 94 Putnam -----. 92 Lane ------.88 Floyd ------. Brown ------. Canyon ------. 91 Oneida ------. 90 87 Randolph .. .93 03 Leavenworth. .93 Fountain Butler ------. 92 Caribou ... .89 Owyhee ... .91 .93 Ripley ------.88 Lincoln .91 ... 90 Cassia ------. 91 Payette ... Franklin Rush ------. 91 Chase ------. 03 Linn ------. 93 .91 Fulton Clark ------. 89 Power ------. 90 ------. 95 St. Joseph . .95 Chautauqua - .93 Logan ----.- .87 Clearwater -- .93 Shoshone --. . 85 Gibson ------. 95 Scott ------. 88 Cherokee .93 Lyon ...... 03 Custer ------. 90 Teton ------. 89 Grant ------. 93 Shelby ------. 90 Cheyenne .86 McPherson -- .91 Elmore ------. 91 Twin Fals.... .91 Greene ------. 90 Spencer -----. 97 Clark ------. 87 Marion ------. 2 Franklin .90 Valley ------. 91 Hamilton .92 Starke ------. 96 Clay ------. 93 Marshall -.-- .03 Fremont .. .89 Washington -- .91 Hancock .92 Steuben ----- .92 Cloud ------. 92 Meade .....- . 87 Harrison ... 88 Sullivan -----. 95 Coffey ------.93 Miami ...... 93 ILLINOIS Hendricks .92 Switzerland .86 Comanche .. .88 Mitchell .92 Adams - *----$0.98 Henry ------. 92 Tippecanoe .95 Cowley ------. 92 Montgomery . .93 Franklin ---- $0.96 Howard ... Tipton Alexander . .96 Fulton ------. 99 .94 ------. 93 Crawford --.. .93 Morris ------. 93 Huntington -- .93 Union ------. Decatur ... .88 Morton Bond ------. 98 Gallatin ----- .92 90 . ... 84 Boone ------1.02 Jackson ----- .89 Vanderburgh - .99 Dickinson . .92 Nemaha ----- .93 Greene ------. 98 Jasper ------. 98 Doniphan Brown ------. 98 Grundy 1.02 Vermillion -- 1.00 .93 Neosho ...... 03 Bureau ------1.01 Jay ------. 93 Vigo ------. 99 Douglas ----- .93 Ness ------. 90 Hamilton .... .95 ... Calhoun ----- .97 Hancock --- Jefferson 87 Wabash ----- .94 Edwards -----. 90 Norton ...... 90 .97 Jennings ... 89 Warren Elk ------. Carroll ------1.00 Hardin ------. 92 .97 93 Osage ------. 93 Cas ------. 96 Johnson -----. 91 Warrick ... .99 Ellis ------. 90 Osborne ...... - 91 Henderson --.. .98 Knox Champaign -- 1.00 Henry ------1.00 ------. 93 Washington _ .88 Ellsworth --. . 91 Ottawa ...... 92 Christian --. . 97 Iroquois --- Kosciusko .94 Wayne ------.92 Finney ------. 87 Pawnee ----- . 90 1.02 Lagrange .93 Ford ------. Clark ------. 95 Jackson ... .96 Wells ------. 92 89 Phillips ..---- . 90 Clay ------. 96 Lake ------1.00 White ------.97 Franklin .... .93 Pottawat- Jasper ------. 97 La Porte Clinton --- 1.00 Jefferson ---- 1.02 ----- .96 Whitley ----- . 94 Geary ------. 93 orte ------. 93 Gove ------. 88 Pratt ------Coles ------. 97 Jersey ------. 98 10 WA . 90 Cook ------1.02 Graham ----- .90 Rawlins ...... 87 Jo Daviess . .99 Adair ------$0.89 Calhoun - ... Crawford ---.. .96 Johnson ----- .92 $0.88 Grant ------. 86 Reno ...... - 91 Cumberland Adams ------.90 Carroll ------. 90 Gray ------. 88 Republic - .97 Kane ------1.02 Allamakee .92 De Kalb - 1.02 . 90 Cass ------. 90 Greeley -- . . 86 Rice ------. 91 Kankakee ---- 1.02 Appanoose .91 Cedar ------. De Witt ... .98 Kendall - 1---.02 93 Greenwood -- .93 Riley ------. 93 Douglas ----- .98 Audubon --.. 91 Cerro Gordo-. .90 Hamilton ---- .8 6 Rooks ------. Knox ------. 99 Benton 90 Du Page --- 1.02 ... .91 Cherokee --. . 88 Harper ------. 91 Rush ...... Lake ------1.01 Black Hawk-- . 90 Edgar ------. 96 .90 Chickasaw . .90 Harvey ------. 92 Russell ------. 90 La Salle --- 1.02 Boone ------. Edwards ----- .97 Lawrence --. . 94 87 Clarke ------.88 Haskell ------. 87 Saline ...... 93 Emngham . .97 Bremer ------. 90 Clay ...... - 89 Hodgeman ... .90 Scott ------. 87 Lee -. 02 Buchanan . .90 Fayette ------. 96 Clayton------.91 Jackson ----- .93 Sedgwlck --.. .93 Livingston --- 1.01 Buena Vista_- .88 Ford ------Clinton ... .94 Jefferson ---... 93 Seward ------. 8 1.01 Logan ------. 98 Butler ------. 90 Crawford --. .91 Jewell ------. 92 Shawnee .... .93

FEDERAL REGISTER, VOL. 32, NO. 131-SATURDAY, JULY 8, 1967 RULES AND REGULATIONS 10055

K.xsAs-Contlnued LMmnosTA--Contnued hisasoou---Continud per Rate per zate per rate per Rate per Rate per Rate bushel County bushel County lfhel County bushel County bushel County buhel County --- $0.93 Worth __ $9.900_ Sheridan ... $0.88 Trego ------0. 90 Le Sueur.... 00.93 Renvlle .. 0..93 Wayne Sherman ____ -86 Wabaunsee .93 Lincoln ____ .9 Rice ...... (33 W;Vebter------.95 Wright ------. 92 Smith ------. 91 Wallace --- .86 Lyon ...... 94 Rock .00 MONTArsA McLeod ----.. 97 Roseau ____ 8 Stafford - .90 Washington - .93 Beaverhead - $0.79 MeCone 9.72 Stanton .85 Wichita ----... 86 Mahnomen -_ .87 Saint Louis-._ .93 Marshall --- .80 Scott .98 Big Horn .... . C3 Madiz-on .84 Stevens ...... 86 Wilson ------. 93 Blaine ... .70 Me.her .0....0 92 Woodson .... .93 MAhrtan ...... 97 Sherburne -- .95 Sumner------. Broad.ater -- .83 Mineral .83 Thomas ------. 87 Wyandotte __ .93 Meeker ------.94 Sibley .... .08 Mile L .....- 94 Stearns . .93 Carbon --..--- i-oul ... .83 Morrison .... 92 Steele ------. 90 Carter -- .73 Mt::ussahell .76 All counties ------$0.94 Mower ------. 98 Stevens ------. 91 C--cade -- .77 Park __ .. 83 Murray ------. 95 SwIft ------. 92 Chouteau - .75 Petroleum - .72 Cus-ter .... .72 PhI11p3 -- .67 All parishes ------$0.87 Nicollet ... .98 Todd...... 91 Nobles ------. 93 Traverce -. 900 Danilels__ .70 Pondera ... . 76 Norman .88 Wabacha, -- .03 Dazon -----. 72 Powder River .70 Alicounties ..------$1.00 Olmsted ... .98 Wadena ------. 91 Dear Lodge-_ .84 Powell .... . _4 Otter Tal.... .90 Waseca .98 Fallen ------. 73 Prairie ------72 M1ARYLAND Fergua .75 Ravalli, ____ .3 All counties ------$1.00 Pennington -_ .86 Wasbh-ngton .97 Pine ------. 95 Watonwan ___ .93 Flathead -- .83 R.ichland - .73 o Ae ..CHUSMIS Pipestone .. .92 Wlkin . 89 Gallatin .8E4 Re evelt -- .73 All counties ------$1.00 Polk ------. 87 Winona .93 Garfield .71 Rsa'bud .72 Pope ------. 91 Wright...... 95 Glacier .77 Sanders .... 85 MCHG=x Ramsey ------. 96 Yellow Golden Val- Sheridan . 72 Alcona ---- $0.82 Keweenaw ..- $0.83 Red Lake .87 Medicine .07 ley .77 Silver Bow_... .84 Alger ------. 85 Lake ------. 86 Redwood .93 Granite ----... 83 Stillwater-- .77 Allegan ------. 91 Lapeer ------. 90 Hill .72 Sweet; Gra-s..-. 8O Alpena ------. 80 Leelanau .. .82 Missis=Pp Jeffercon .82 Teton ----- .76 Antrim ------. 80 Lenawee .92 All counties ------40. 90 Judith B2!7n- .75 Toole .76 Arenac ------. 86- Livingston . .91 Late ...... 3 Treasure ____ .73 Baraga...... -. 86 Luce ------. 81 TMrouai Lewis and Valley .. .63 Barry ------. 91 Mackinac .... .81 Adair ------$0.92 Le wis ------0.94 Clark .. .76 Wheatland-- .77 Bay ------. 89 Macomb -... .91 Andrew ------. 93 Lincoln ------. 03 Liberty -- .73 W7ibaux ..... 74 Benzie ...... 84 Manistee .... .86 Atchison __..91 iAnn . 02 Lincoln ...... 83 Yellowatone__ .77 Berrien ------. 94 Marquette .... 85 Adurain ------. 95 Livingston .92 Branch ------. 92 Mason ------. 86 Barry ------. 93 McDonald .93 Calhoun ...... 94 Mecosta .... .86 Barton ------. 93 Macon -...... - 93 Adams- ----. $0.91 Jeffercon .... $0.93 Cass ------. 95 Menominee __ .88 Bates ------. 93 Madiron __-_- 1.00 Antelope ... 92 Johnson .... 93 Benton ------. 91 Mane3 ...... 95 Charlevoix -- .79 Midland -... .89 Arthur ..... E3 Kearney .....-90 Cheboygen .79 Missaukee .... .84 Bollinger __.. 99 Marlon ------. 05 Banner...... 81 Keith ...... 85 Chippewa ... 81 Monroe ------. 92 Boone - - .94 Mercer .00 Blan ... .83 Key 'a.... .83 Clare ...... 87 Montcalm. -_ .89 Buchanan . .93 Miller -.-----. 92 Boone .92 Kimrball ...... 82 Clinton ------. 90 Montmorency .81 Butler ------. 99 MImrm4ppI __ .03 Box Butto..... 84 Knox ... .92 .03 Crawford...... 83 Muskegon .... 89 Caldwell ---- .93 Moniteau ____ Boyd ...... 92 Lancaster .... 93 ------. 94 Delta -...... 86 Newaygo ..... 86 Callaway __. 95 Monroe Brown-----..83 Lincoln -- .87 Dickinson . .87 Oakland ---- .90 Camden ------. 97 Montgomery - .90 Buffalo ... .91 L~an 33..... -aton ------. 91 Ocean, ------. 86 Cape Morgan ------. 02 Burt ------. 92 Loup .0..... 0 Rmmet ------. 79 Ogemaw ---- .85 Glrardeau - .99 New 2adrid__ .09 Butler .92 McPhercon .. .87 Genese ------. 91 Ontonagon -_ .84 Carroll ------. 92 Newton ------. 93 Cam ------. 93 Madicon .. .92 Gladvwin -... .87 Osceola ------. 87 Catr t------.90 Nodaway --- .91 Cedar .92 Merrick ------. 92 Gogeblc ------. 88 Oscoda ------. 83 Cass ------. 93 Oregon ------. 93 Ch ..... C5 Merrill ------. 83 Grand Otsego ------. 81 Cedar ------. 93 O-age .05 Cherry...... 8 Zance __.. .92 Traverse __ .82 Ottawa ------. 91 Chariton .92 Ozark ------. 91 Cheyenne .82 Nemaha .93 Gratlot .90 Presque Isle - .79 Christian .93 Pemlircot . 1.00 Clay ...... 2 Nuctolls .... 92 Hillsdale .... . 91 Roscommon - .85 Clark ------. 94 Perry ------1.01 Colfa ...... 92 Otce -..---. 93 Houghton.... .83 Saginaw -... .90 Clay ------. 93 Pettis ---- .91 Cumlng .92 Pawnee ... 93 Huron ------. 89 St. Clair_.... .91 Clinton ------. 93 Phelps ...... - 1.00 Custer .... 00 Peridns .85 gn.ham ------. 91 St. Joseph__ .94 Cole ------. 94 Pike .. .95 Dahota .92 Phelps ... . 90 Ionia ------. 91 Sanilac ------. 89 Cooper ------. 93 Platte ------. 03 Dawes . 82 Pierce .92 ------. 84 Schoolcraft ._ .82 Crawford ---- 1.01 Polk ...... 03 Dawon .00 Platte ...... 92 Iosco 03 Iron ...... 85 Shiawassee .91 Dade ------. 93 Pulaski ------. Duel ...... 85 Polk .... _ .92 Dallas ------. 95 Putnam .89 Isabella ------. 89 Tuscola ------. 89 DIxon .92 Red '1l1ow__ .83 Van Buren.- .93 Davies ...... 92 Rals ...... 05 Dodge . 0.....2 Rchardson -_ .93 Jackson ------. 94 De Kalb------. 93 Randolph ...... 04 - .83 -_ .91 Douglas...... 92 Rck - Kalamazoo -_ .94 Washtenaw Dent ------. 99 Ray ------. 93 Dundy ------. 5 SAline ...... 93 Kalkaska .... .82 Wayne ------. 91 Douglas ------. 92 Reynolds - .97 Fillmore .93 Sarpy...... 93 Kent ------. 90 Wexford ------. 89 Dunkln ------. 99 Ripley .09 Franklin _. .930 Saunders __- .93 Franklin .98 St. Chales.- 1.01 MnnqNOTA Frontler -.- .83 Scotto Bluff - .81 Gasconade.... .96 St. Clair...... 93 Purna-.-...... 3 Seward .... .93 ------$0.91 Altkin $0.94 Douglas Gentry ------. 91 St. Francol-... 1.01 Gage --.... .93 Sheridan .... 6.83 96, Faribault __.. 98 Anoka ------. Greene ------. 94 Ste. Garden ...... 84 Sherman ..... 91 Becker 89 Fillmore ------. 96 ------. grundy ------. 91 Genevieve-_ 1.02 Garfield .... 91 Sioux .82 Beltrami -... .89 Freeborn .98 Harrison ---- .90 St. LOuio .... 1.02 Goper ------.- 9 Stanton ------. 92 ------. 93 Goodhue...... 98 Benton Henry ------. 93 Salne . .92 Grant ...... 84 Thayer _- .93 ------. 90 Big Stone...... 93 Grant Hickory ------. 93 Schuyler .92 Greeley ------. 92 Thomas .... . 87 __.. 97 Blue Earth__ .98 Hennepin Holt ------. 91 Scotland .93 Hall ------. 92 Thurton - .92 98 Houston ---- .95 Brown-- ...... Howard ------. 94 Scott...... 08 Hamilton .. .92 Valley ...... 91 Hubbard ---- .89 Carlton ------. 95 Howell ------. 92 Shannon ---- :0 'Harlan .... .90 Washington - .92 Carver ------. 98 Isant ------. 94 Iron - - 1.01 Shelby .... .04 Haye ...... 85 W ayne ...... 92 Cass ------. 91 Itasca ------. 92 Jackson ------. 93 Stoddard .93 .... 85 Webster .... . 91 Chippewa . .95 Jackson ------. 96 Jasper ------. 93 Stone...... 93 Hitchcock . . .92 Chisago ------. 95 Kanabec- .93 Jefferson ---- 1.03 Sullivan ------. 90 Holt .91 Wheeler Clay ...... 88 Kandlyohi .... 93 Johnson ---- .93 Taney ------. 92 Hooter ------.. York ------. 92 .88 ...... Clearwater.... Kittson 84 Knox ------. 93 Texas .91 Howard ...... 92 Cottonwood -_ .97 Koochiching .86 Laclede .97 Vernon ...... 93 .94 NVADA Crow Wing. .92 Lac Qut Parle - .93 Warren ------. 03 of the Lafayette Dakota ------. 98 Lake $0.91 Dodge ------. 98 Woods .-- .88 Lawrence .93 Washington _ 1.02 counu --...... ---

FEDERAL REGISTER, VOL 32, NO. 131-SATURDAY, JULY 8, 1967 10056 RULES AND REGULATIONS

NEW RAMPSHI- Omo-Oontinued SOUTH CAROLINA Rate per Rate per Rate per Rate per County bushel County bushel County bushel County bushel $1.00 All counties u...... tie...... Miml ------$0.92 Sandusky _-- $0.92 All counties ------$1. 00 Nzw JERSEr Monroe ------. 93 Scioto ------. 91 SOUTH DAKOTA All counties .... nties...... $1.00 Montgomery - .91 Seneca ------. 92 Morgan ------. 93 Shelby ------. 92 Aurora ---- $0. 88 Jackson ...-.. $0.85 NEW M=xio Morrow ------. 92 Stark ------. 93 Beadle ------. 90 Jerauld -----. 89 Muskingum -- .93 Summit ------. 93 Bennett ------. 84 Jones ------. 87 Bernalillo ----$0.83 Mora ...... $0.83 Bon Homme. .89 Kingsbury .... 91 Catron ----. . 83 Otero ...... 83 Noble ------. 93 Trumbull .... .95 Ottawa ------. 92 Tuscarawas -- .93 Brookings ... . 91 Lake ------. D0 Chaves ...... 89 Quay ...... 91 Brown ------. 90 Lawrence ... . 80 Colfax ...... 83 Rio Arriba.... .81 Paulding .. .92 Union ------. 92 Perry ------. 92 Van Wert...... 92 Brule ------. 88 Lincoln ..... 90 Curry ...... 92 Roosevelt .91 Buffalo ------. 88 Lyman ...... 88 Do Baca ...... 87 Sandoval .83 Plckaway .... .92 VInton ------. 92 Pike ------. 91 Warren ------. 91 Butte ------. 80 McCook ---- . 89 Dona Ana... .83 San Juan ... .81 Campbell -- . 82 McPherson -- .80 Eddy ------. 87 San Miguel .. .83 Portage ------. 93 Washington -- .93 Preble ------. 91 Wayne ------. 93 Charles Mix.. .89 Marshall .... . 87 Grant ------. 83 Santa Fe- .83 Clark ------. 91 Meade ------81 . .84 Putnam ------. 92 Williams -.. .92 Guadalupe Sierra ------. 83 Clay ------. 90 Mellette .... . 88 Harding ------. 88 Socorro ------. 83 Richland...... 93 Wood ------. 92 Ross ------. 92 Wyandot .. .92 Codington ---. 91 Miner ------. 00 Hidalgo ... .84 Taos ------. 81 Corson ------. 81 Minnehaha - .89 Lea ------. 90 Torrance --.. 84 OZLAHOWA Custer ------. 82 Moody ------. 02 Lincoln ------. 83 Union ------. 90 Adair ------$0.90 Le Flore --- $0.88 Davison ------. 89 Pennington .03 Luna ------. 84 Valencia ------. 83 Day ------. 91 PerkIns ------. 78 McKinley ---- .83 Alfalfa ------. 91 Lincoln ----- . 92 Atoka ------. 92 Logan ------. 92 Deuel ------. 91 Potter ..... 89 NEw YORK Beaver ------. 91 Love ------. 93 Dewey ------. 84 Roberts ----- D1 All counties ------$1.00 Beckham ... . 92 McClain ... .92 Douglas ------. 89 Sanborn - .89 --. .. IORTH CAROLINA Blaine ------. 92 McCurtain -. .88 Edmunds 89 Shannon .83 Fall River... .80 Splnk ------. 91 All counties ------$1.00 Bryan ------. 91 McIntosh ... 92 Caddo ------. 92 Major ------. 91 Faulk ------. 90 Stanley ------. 80 NORTH DAkoTA Canadian ... .92 Marshall -- .. 92 Grant ------. 92 Sully ------. 89 Carter ------. 92 Mayes ------. 93 Gregory ------g0 Todd ------. 80 ----- McLean --- $0. 80 Adams $0.78 Cherokee .92 Murray ------. 92 Haakon----... 85 Tripp ------. 8 Barnes . 86 Mercer ------. 79 ------.. Hamlin ... .91 Turner ---. 88 Benson ------. 82 Morton ------. 80 Choctaw .... .88 Muskogee .92 Cimarron .91 . Hand ------. 80 Union ------. 90 Billings ------. 77 Mountrail .... 78 Noble ------91 Cleveland ... . 92 Nowata .93 Hanson ------. 89 Walworth ... 87 Bottlneau .. .79 Nelson ------. 84 Coal ------. 92 Okfuskee ... .92 Harding ----- . 81 Washabaugh . .85 Bowman -- . 77 Oliver ------. 80 Hughes ... .88 Yankton ..-.. 8 Burke ------. 78 Pembina ---- .83 Comanche -- .92 Oklahoma __ .92 Cotton ------. 92 Okmulgee ... 92 Hutchinson .81 Zleback -----. 83 Burleigh --- . 83 .Pierce ------. 81 Osage ...... Hyde ------. 8 Can ------. 87 Ramsey ------. 83 Craig ------. 93 . 91 Creek ------. 92 Ottawa .93 Cavalier ------. 82 Ransom ------. 86 TgNNEgsEE Dickey ------. 85 Renville ------. 78 Custer ------. 91 Pawnee ------. 92 Delaware ... . 93 Payne ------. 92 Divide ------. 76 Richland ...... 88 Shelby ---- $0.99 All other . 92 Dunn ------. 77 Rolette ------. 81 Dewey ------. 91 Pittsburg counties -. $0.97 Elis ------. 91 Pontotoc .... .92 Eddy ------. 83 Sargent ------. 87 TEXAS Sheridan .. .82 Garfield .... . 92 Pottawatomie. .92 Emmons - .81 ----- Pushmataha - .88 Poster ------. 84 Sioux ------. 79 Garvin . 92 Grady ------. 92 Roger Mills_. .89 Anderson ---- $1.04 Coryell ...- $1. . Golden Valley .74 Slope ------. 78 Archer Cottle ------. 92 Grant ------. 90 Rogers ------. 93 ------. 93 Grand Forks. .86 Stark ------. 78 Armstrong . .92 Crane ------. 80 Greer ------. 92 Seminole .... . 92 Grant ------. 78 Steele ------. 86 --- Crockett -.. .80 Sequoyah ... . 90 Atascosa 1.00 Griggs ------. 85 Stutsman -.... .85 Harmon---.... 92 Harper ------. 90 Stephens .92 Austin ...... 1.08 Crosby ------. 92 Hettinger .... . 78 Towner ------. 82 Dallam ------. 91 . 91 Bailey ------. 92 Kidder ------. 83 Trall ------. 86 Haskell ------88 Texas ------. ----- .... . 92 Bandera ------. 99 Dallas ------. DO La Moure...... 84 Walsh ------. 84 Hughes . 92 Tillman ----- Jackson .... .92 Tulsa ------. 92 Baylor ------. 92 Dawson ..92 Logan ------. 83 Ward ------. 79 Bee ------1.03 Deaf Smlth. .92 Jefferson ..... 92 Wagoner ... . 92 McHenry .81 Wells ------. 83 Bell ------1.03 Delta ------. Johnston .. .92 Washington - .93 McIntosh ..... 82 Williams --- .77 Denton ------. 97 Kay ------. 91 Washita ... . 92 Bexar ------1.02 McKenzie .... . 75 .--- Kingfisher.... .92 Woods ...... 90 Branco ------1.02 Do Witt 1.05 OHIo Kiowa ...... 92 Woodward -_- .91 Borden ------. 92 Dickens ...... 92 Donley ------. 92 Latimer ----- . 88 Bosque ------1.00 Adams ----- $0.91 Geauga - $0.95$--- Bowie ------. 96 Eastland ----. . 9 Allen ------. 92 Greene ------. 91 Om i~ox Brazorla ----- 1.08 Ector ------. 91 Ashland ------. 93 Guernsey .... .93 Brazos ------1.06 Edwards .92 Ashtabula .... .95 Hamilton ..... 91 Baker ------$0.94 Lake ------$0.95 Brewster .... . 83 Ellis ------1.00 Benton Athens ------. 92 Hancock- .92 ------1.01 Lane ------. 97 Briscoe ---- . 92 El Paso ------. 82 Auglalze ------. 92 Hardin ------. 92 Clackamas --- 1.02 Lincoln ----- . 92 Brown ------. 97 Erath ------. 17 Belmont -... .93 Harrison -... .93 Clatsop ------. 97 Linn ------1.00 Burleson .... 1.06 Falls ------1.04 ---- Brown ------. 91 Henry ------. 92 Columbia .-.... .99 Malheur .90 Burnet ------1.01 Fannin .... .90 Marion -- 1.02 Butler ------. 91 Highland ... .91 Coss ------. 89 Callahan . 95 Fayette .....- 1.00 Crook ------1.00 --- Carroll ------. 93 Hocking ------. 92 Morrow 11. 00 Cameron . 95 Fisher ------. 92 Champaign -- .91 Holmes ------. 93 Curry ------. 91 Multnomah - 1.03 Camp ------. 98 Floyd ------. 92 Clark ------. 91 Huron ------. 92 Deschutes__- 1. 00 Polk ------1.02 Carson ------. 92 Foard ------. 92 Clermont .... .91 Jackson ------. 91 Douglas ----- . 92 Sherman .... 1.03 Cass ------. 97 Fort Bend .... 1,08 Clinton ------. 91 Jefferson -... .94 Gilliam --- 1.01 Tillamook -. 1.04 Castro ------. 92 Franklin .... .10 Columbiana - .94 Knox ------. 93 Grant ------1.00 Umatilla .... 1. 00 Chambers --- 1.0 Freestone .- 1. 03 Coshocton .... 93 Lake ------. 94 Harney ----- . 87 Union ------. 95 Cherokee ---- 1.03 Gaines ------. 92 Crawford ..... 92 Lawrence .... 91 Hood River_. 1. 04 Wallowa ... .93 Chlldress .... . 92 Garza------.. . I2 Cuyahoga...... 93 Licking ----- . 93 Gillespie -.. .19 Wasco ------1. 04 Clay ------. 95 Darke ------. 94 Logan --..-.. .91 Jackson ------. 92 Cochran ------. 92 Gollad ------1. 0 ---- Defiance .... .92 Lorain ------. 93 Jefferson 1.02 Washington - 1.04 Coke ------. 92 Gonzales -.... 1.01 1--- Delaware .... .92 Lucas ------. 92 Josephine .... 92 Wheeler - . 00 Coleman -.. .95 Gray ------. 9 Madison ------. 91 Klamath . 96 Yamhill ----- 1.03 Collin ------. 98 Grayson ------. tin Erie ------. 92 Collings- Gregg ------1.0o Mahoning .... .95 Fairfield ------. 92 worth ------. 92 Grimes ----- 1,07 Fayette ------. 91 Marion ------. 92 All counties ------$1. 00 Oomal ------1.03 Guadalupe -- 1.03 Franklin -----. 92 Medina ------. 93 Comanche .. .97 Hale ------. 92 Fulton ------. 92 Melgs ------. 91 RHODE ISLAND Concho ------. 97 Hall ------. 92 Gaia ------. 91 Mercer ------. 92 Ali counties ------$. 00 Cooke ------. 96 Hamilton . .98

FEDERAL REGISTER, VOL. 32, NO. 131-SATURDAY, JULY 8, 1967 RULES AND REGULATIONS 10057

Trx&-Continued UTAU--Continued. (c) Dicounts. The b3sic support rate Rate per Rate per Rate per Rate per shall be adJus-ted as applicable by dis- County bushel County bushtel County buawl CountJ buhel counts as follows- Hansford $0.91 Ochiltree ---- $0.91 Tooele ------$0.91 Wachington - $0.80 Dirsotunt Hardeman .92 Oldham ----- . 92 Uintah ------EG Wayne ----. . 8G (cents Per Hardin 1.06 Orange ------1.06 Utah ...... E Weber ...... - 91 Reason: bushel) Harris ------1.08 Palo Pinto.... .96 Wasatch . 6 ...... 2 Harrison -.. .99 Panola ------1.01 Clacr-Mixed Barley Hartley ------. 91 Parker ------. 98 Grade: All count - --- 1.00 No...... 3 Haske1 ------. 92 Parmer ------. 92 N'o. 0A------6 Hays ------1.04 Pecos ------. 83 VnGnA z 111o. 5.------15 Hemphill ... .91 Polk------1.07 All counties. $1.00 --- damage (prcent) : Henderson 1. 02 Potter ------. 92 Total10.1-11 -1------Hidalgo ------. 95 Presidio ------. 82 WASIMIsroir Hill ------1.01 Rains ------. 99 Adams . 0. 93 Lowis ------0.97 11.1-12 2 12.1-13 3 Hoeckley ------. 92 Randall __.. 92 Asotin ------. 9 Lincoln -----. 97 13.1-14 a ----- Hood ..------. 97 Reagan 86 Benton ---- 1.01 Maso------. 90 14.1-15 ------5 Hopkins ------. 96 Red River...... 95 Chelan ------. 99 Olrann ... .07 15.1-16 6 Houston --- 1.05 Reeves ------. 84 Clallam ------. 90 Paclf ...... 90 Howard ------. 92 Roberts ... .91 Clark ------1.03 Pend Orelle. .89 16.1-17 ------7 Hudspeth ... .83 Robertson 1.04 Columbia .... .98 Pierce ------1.01 17.1-18 8 Hunt ------. 97 Rockwall .97 Cowlitz 1.00 San Juan..... 93 18.1-19.--0-- 9 Hutchinson.. .91 Runnels -. 95 Douglas ------. 98 SIcgit ------. 98 19.1 and aboe...... ------.. 10 Irion ------. 87 Rusk ------1.01 Ferry ------. 94 -Skania 1.03 Garlicky 10 Jack ------. 95 Sabine ------1.03 Franklin .... .99 Snohominh 1.00 Weed Control Law (where required by Jackson --- 1.06 San Garfield -----. 97 Spok-mnc __. . 95 1421.74) 10 Jasper ------1.05 Augustine _ 1.03 Grant ------. 98 Steven ------. 92 Other factors: CCC may establish Jeff Davis...... 83 San Jacinto.__ 1.08 Grays Harbor. .96 Thurcton .. . 03 Jefferson ____ 1.07 San Saba __.. 97 Island ------1.00 Wabidakum - 1.00 discounts for other quality factors not Jim Wells .... 1.01 Schleicher . .87 Jefferson ...... 91 Walla aVlUla. 1.00 specifled above which affect the value of Johnson -.. .99 Scurry ------. 92 King -..--- 1.02 Whatcom. .98 Jones ... .93 Shackelford__ .94 Kitsap ------. 95 Wntmn .93 the barley, such as (but not limited to) Karnes ------1.03 Shelby ------1.03 Kittitas 1.03 Ya,ma - 1.02 thin barley, moisture, foreign material, Kaufman ... .99 Sherman ... .91 Kllckltat --- 1.03 test weight, heat damage, musty, sour, Kendall ------. 99 Smith ------1.01 Menedy ------. 98 Somervell . 98 W=T Vinoum smutty, stained, weevily, ergoty, and Kent ------. 92 Starr ------. 95 counties ------$0.97 bleached. The discounts established will Kerr ------. 98 Stephens __.. 95 WzscoNsO be based upon the marl:et discounts for Kimble ------. 97 Sterling ------. 88 King ------. 92 Stonewall --.-- 92 Adamns . $0.91 Marathon .... 0. 89 the factors at the tilde the barley is de- Kinney ------. 95 Sutton ..------. 86 Ashland ------. 91 Marinette - .9 livered to CCC, as determined by CCC. Barron ------. 92 Marquette - .92 'Knox ------. 92 Swisher ------. 92 Producers may obtain schedules of such Lamar ------. 95 Tarrant ------. 99 Bayfleld ------. 91 Menomineo _ .91 Lamb ------. 92 Taylor ------. 93 Brown ------. 92 Milwaukee -_ .99 factors and discounts at ASCS county Buffalo ------. 92 Monroe ------. 91 Lampasas -_ 1.00 Terrell ------. 87 Oconto .. .. 91 offices approximately one month prior to Leon ...... - 1.05 Terry ------. 92 Burnett ------. 94 the loan maturity date. Liberty 1.08 Throck- Calumet -.. .93 Oneida ------. 88 __ Limestone --- 1.04 morton ____ .94 Chippewa . .91 Outagamie .92 ITorz: DLcounts are cumulative except Lipscomb ... .91 Titus ------. 98 Clark ------. 89 Oeukeo .... .95 only one grade dbccount nhal be applied. Live Oak .... 1.01 Tom Green... .92 Columbia . .93 Pepin ...... - 93 The dlscounts for total damage in exces3 of Crawford ... . 91 Pierce ...... 95 Llano ------1.00 Travis ------1.04 10 percent are In addition to the discount Tzinity --- 1.07 Dane ------. 94 Polk ------. 94 Loving ------. 84 of 15 cent3 for barley grading No. Lubbock -.. .92 Tyler ------1.05 Dodge ------. 94 Portage ---- .-. 91 5. For the Lynn ------. 92 Upshur ------. 99 Door ------. 87 Price ------. 89 purpose of applying di-counts, factors which Upton ------. 84 Douglas ------. 95 Racino ------. 99 causeI barley of the ubclass Malting Barley McCulloch ___ .97 Dunn MdcLennan --. 1.03 Uvalde .98 ...... -. 93 Richland .. .92 or Blue Malting Barley to have a lower nu- Eau Claire.... .92 Rock ---- - . 95 Madison --- 1.06 Val Verde- . 93 merical grade than If the barley were graded Marion ------. 98 Van Zandt... .99 Florence ... .88 RUsk . ... 91 du under a different subcla - sa be Martin------.92 Victoria -- 1.05 Fond Lac-. .94 Saint Croix---.. .94 Mason ------. 97 Walker ------1.07 Forest ------. 88 Sauk...... 92 dLrer ded. Grant ------. 91 Sawyer ------. 02 Maverick __.. 95 Waller ------1.03 Effective WaXd ------. 87 Green ------. 94 Shawano .. .91. date: Upon publication In Medina ----. 1.00 the FEDvIL REGsr. Menard ------. 97 Washington - 1.06 Green Lake.... 93 Sheboygan -_ .94 Iowa Midland .91 Wharton ---- 1.07 ------. 92 Taylor ... .13 Signed at Washlngton, D.C., on Iron ------. 90 Trempealeau - .80 illam ------1.04 Wheeler ------. 92 June 29, 1967. M ------. 99 Wichita .__.. .93 Jackson ------. 90 Vernon ------. 90 Jefferson __.. 95 VIlas ------. 85 ff. D. GODFrnr, Mitchell ------. 92 Wilbarger...... 92 Juneau -----. 92 ... Executive Vice President, Montague .... .95 Willacy ------. 95 Walworth 90 Kenosha. 1.00 Montgomery - 1.03 Williamson __ 1.04 Washburn .92 Commodity Credit Corporation. Moore ------. 91 Wilson ------1.02 Kewaunee .89 Washington - .95 La Crose --. .90 Woukezba _.. .95 [F.R. Dc. 67-7734; Filed, July 7, 1967. Morris ------. 98 Winkler ------. 90 8:45 am.] Motley ------. 92 Wise ------. 97 Lafayette ...... 92 Waupaca ... . 92 Langlade .... Waunhara .92 Nacogdoches - 1.03 Wood ------. 99 .89 Navarro. - 1.02 Yoakum ------92 Lincoln ------. 88 Winnebago -_ .93 Manitowoc __ .93 Wood ------. 91 [CCO Grain Price Support Begs., 196 and Newton --- 1.05 Young ------. 95 Suh-qucnt Cropo Rce Supp.Ansdt. 11 Nolan ------. 92 Wxoxrzo UTAH Albany ---- $0.80 Natrona t0.80 PART 1421-GRAINS AND SIMILARLY Big Horn . 80 Niobrara Beaver ---- $0.86 Juab ------$0.86 .77 HANDLED COMMODITIES Box Elder- . 91 Kane ------. 86 Campbell .... .4 Park -...... 86 Platte- - :ED Cache ------. 91 Millard ... .86 Carbon ------. 86 Subpart-1966 and Subsequent .... Sheridan .... 72 Carbon ------. 86 Morgan ... .91 Converse .74 Crops, Rice Loan and Purchase Pro- Daggett -----. 86 Plute ------. 86 Crook ------. 75 Subletto .8W Fremont .... .86 Sweettc7r -_ .86 gram Davis ------. 91 Rich ...... 91 -----. Duchesne . .86 Salt Lake...... 91 Goshen ------. 80 Teton .80 COMnW=CrCEQ DM=lEI21TS AND Hot Springs.. .86 Uint ...... 86 Emery ------. 86 San Juan.-.... 86 Johnson Dr-En-w7AroN or QuAnx Garfield. .- .86 Sanpete -----. 86 - .72 Wasbak e .8 Grand ------. 86 Sevier ------. 86 Laramle ------. 82 Weston...... 77 The regulations Issued by the Com- Iron ------. 86 Summit -----. 86 Lincoln -----.- 80 modity Credit Corporation, published In

FEDERAL REGISTER, VOL 32, NO. 131-ATURDAY, JULY 8, 1967 10058 RULES AND REGULATIONS

31 P.R. 8346 and setting forth require- basis or for specified areas within the "commerce" is defined in the Flammable ments with respect to price support for State. The county committee may lower Fabrics Act; or the 1966 and subsequent crops of rice, such percentage on an individual basis (c) Transporting or causing to be are hereby amended as follows: when determined to be in the best inter- transported, for the purpose of sale or 1. Section 1421.2753 is amended to est of CCC. Weights determined on the delivery after sale in commerce; restate price support compliance provi- basis of such percentages shall be ex- Any article of wearing apparel which, sions and reads as follows: pressed in terms of whole units of 100 under the provisions of section 4 of the pounds. Flammable Fabrics Act, as amended, Is § 1421.2763 Compliance requirements. so highly flammable as to be dangerous An eligible producer shall be a pro- (See. 4, 62 Stat. 1070, as amended; 15 U.S.C. when worn by individuals. ducer on whose farm the rice acreage 714b. Interpret or apply sec. 5, 62 St.t. 1072, 2. Manufacturing for sale, selling, or allotment established for the farm under secs. 101. 401, 62 Stat. 1051, as amended, offering for sale any article of wearing the provisions of the Rice Acreage Allot- 1054, sec. 302, 72 Stat. 988; 15 U.S.C. 714c, apparel made of fabric, which fabric has ment Regulations of Part 730 of this title 7 U.S.C. 1421, 1441) been shipped or received In commerce, has not been knowingly exceeded. If the Effective date: Upon publication in and which under section 4 of the Act, as farm is determined to be in compliance the FEDERAL REGISTER. amended, Is so highly flammable as to be with the farm rice acreage allotment un- dangerous when worn by individuals. der the provisions of Parts 718 and 730 of Signed at Washington, D.C., on July 3, It is further ordered, That the respond- this title, the farm rice acreage allot- 1967. ents herein shall, within sixty (60) days ment will not be considered to have been E. A. JAENxE, after service upon them of this order, knowingly exceeded. If a producer has Acting Executive Vice President, file with the Commission a report In an interest in a rice crop produced on Commodity Credit Corporation. writing setting forth In detail the manner more than one farm in the same county, [P.R. Doc. 67-7899; Filed, July 7, 1967; and form in which they have complied he must also, in order to be eligible for 8:49 a.m.] with this order. price support, be entitled to market rice Issued: June 16, 1967. produced on each such farm as penalty free rice under the provisions of the Rice By the Commission. Marketing Quota Regulations of Part Title 16-COMMERCIAL [SzAL] JosEM W. SHA, 730 of this title and any amendments Secretary, thereto. If a producer is engaged in the PRACTICES [P.R. Doc. 67-7865; Plied, July 7, 1987: production of rice in more than one coun- 8:46 a.m.I ty (in the same State or in two or more Chapter I-Federal Trade States) and the requirements of Rice Commission Marketing Quota Regulations of Part [Docket No. C-1216] 730 of this title, and any amendments thereto, are applied to such multiple PART 13-PROHIBITED TRADE Title 25-INDIANS farming unit, he must also, in order to PRACTICES Chapter I-Bureau of Indian Affairs, be eligible for price support, be entitled Department of the Interior to market rice produced on each such Continental Scarf Corp., Inc., et al. farm, wherever situated, as penalty free Subpart-Importing, selling, or trans- SUBCHAPTER F--ENROLLMENT rice under the provisions of such regula- porting flammable wear: § 13.1060; Im- PART 41-PREPARATION OF ROLLS tions. Notwithstanding the provisions of porting, selling, or transporting flam- this section, rice produced on a farm mable wear. OF INDIANS shall be considered as available for mar- keting as penalty free rice for price sup- (See. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret Requirements for Enrollment and or apply sec. 5, 38 Stat. 719, as amended; 67 Deadlines for Filing Applications port purposes if such rice was produced Stat. 111, as amended; 15 U.S.C. 45, 1191) on a farm for which a certification is [Cease and desist order, Continental Scarf That portion of Part 41 of Title 25 of furnished under § 718.21(f) of this title Corp., Inc., trading as Continental Scarf & of the Determination of Acreage and Novelty Co., New York, N.Y., Docket C-1216, the Code of Federal Regulations regulat- Regulations and subsequent June 16, 1967] ing the preparation of a roll of Tlingit Compliance and Haida Indians of Alaska, authorized measurement of the rice acreage on such In the Matter of Continental Scarf the acreage planted by the Act of June 19, 1935 (49 Stat. 388), farm indicates that Corp., Inc., a corporation, and Isaac as amended by the Act of August 19, in excess of the farm rice acreage allot- M. Topol, Individually, as an Officer of to extend exceed the larger of 0.5 1965 (79 Stat. 543), is amended ment does not said Corporation,and Trading as Con- the deadline date for filing applications of an acre, or 5 percent of the farm rice tinental Scarf & Novelty Co. acreage allotment but not to exceed 15 for enrollment with the Tllngit and acres. Consent order requiring a New York Haida Indians of Alaska to December 31, City manufacturer of wearing apparel 1967. 2. Section 1421.2765 (a) (2) is amended to cease importing and selling scarves In § 41.3, paragraph (b) Is revised to to provide for expressing weights in and other items made from dangerously read as follows: whole units of 100 pounds and reads as flammable fabrics. follows: § 41.3 Qualifications for enrollment and The order to cease and desist, includ- the deadline for filing application,;. § 1421.2765 Determination of quantity. ing further order requiring report of * * * a * compliance therewith, is as follows: (a) In warehouse. It is ordered, That the respondents (b) Tlingit and Haida Tribes in Continental Scarf Corp., Inc., a corpora- Alaska: All persons of Tllngit or Halda (2) Identity preserved or modified tion, and its officers, and Isaac M. ToPol, Indian blood residing in the various local commingled. The amount of a loan on individually, as an officer of said corpora- communities or areas In the United the quantity of eligible rice stored iden- tion, and trading as Continental Scarf States or Canada on August 19, 1965, tity preserved or modified commingled & Novelty Co., or under any other name shall be eligible for enrollment provided in an approved warehouse shall be based or names, and respondents' representa- they were legal residents of the Territory on a percentage, as determined by the tives, agents and employees, directly or of Alaska on June 19, 1935, or prior State committee, of the weight specified through any corporate or other device, thereto, or they are descendants of per- on the warehouse receipt representing do forthwith cease and desist from: sons of Tlingit or Haida Indian blood such rice which is pledged as security for 1. (a) Importing into the United who were legal residents of the Territory the loan, or on the supplemental cer- States; or of Alaska on June 19, 1935, or prior there- tificate if applicable. Such percentage (b) Manufacturing for sale, selling, to. Applications for enrollment must be shall not exceed 95 percent of the weight offering for sale, introducing, delivering postmarked no later than December 31, so specified. The State committee's de- for introduction, transporting or causing 1967. termination shall be made on a statewide to be transported in commerce, as * a a * a FEDERAL REGISTER, VOL 32, NO. 131-SATURDAY, JULY 8, 1967 RULES AND REGULATIONS 1059 No further changes are made In the § 101.4 Listofpubllc-useSBAformg text of Part 41. Notice of proposed rule making would " No. n~aco 1a 1 Tilb cclz 2 cause undue delay in the preparation of 1ta I the roll and would be contrary to the 1., 7-0 ND F1....b.PuA<'- - public interest. Therefore, notice and 1--,3 ND 1I-.__ Purc1o .:,1 r public procedure imposed by section 4 of 14-.. 4-C0 ND 61-...... 1LL:z... the Administrative Procedure Act of June, U-65 ND Z10-1.-. Ap !,nL:1 c'-n cncf$2,zY3r:l y).. 11, 1946 (5 U.S.C. 1003), are dispensed -0 ND Z10-1...... _... C :l 74,3 F~arcr6rn-adty cL,= f-L= =1z 513. cBA tbn with under the exceptions provided in rqn< . ntr..h . . . that section. Accordingly, this amend- 40. 2-a7-03..______Puzz~na ND .6...... 1-artL = 'rcln- 4, ,zA 1, =1 S'b A)u- ment shall become effective on June 30, 4-01 ND 610-1 ...... In ma ?Ia rcitrfrI .t:Lato1 pc II czmof 1967. CHARrES F. Lucu, 1-CA ND - ...... c.I n! Acting Secretary of the Interior. 3-05 D -...______- . . Jmu 30, 1967. 11-6 ND ...... Ao.1r;U =V? it Lrd L'72! 1Z53...... Lf-F IFI. Doc. 67-7866; Filed, July 7, 1967; 6-0. N) f...... l...... oI.6t .... atL< 8:46 am.] 3-0 ND 615-1 ...... Arif y . L r ......

iSS.....-B.------4.7...... !J lr-- nica--66 f czm. pu:- Title 31-MONEY AND 2-C3 NO1-.... P2:r!~ ~~ it-zf by lznk). 12-0 ND 010-1 .... SpicIcrymnut 137 ...... &-C0 ND 610-1 ...... n!1 X,raC =t ft 7i= i c--7~, by SBA) FINANCE: TREASURY 1-0G7 M-tC4...... DCtn1cr r tf7u ...... -- 10-.012-061-37 ND .- ,-...... -9-1 ...... -,r c1ia...... _da':= a ...... -j.".c:~ ...... oa ...... Subtitle A-Office of the Secretary of 11V2..,...... ND L _ SBAx 143 .:Z------1-074 ND E.5-1 ...... R' c~c=Cit (tint...... the Treasury 1637...... 1-4-A ND E,-, ...... 1 Td x---aRnl.T $1,O-.------147A... 7-0 ...... o... mao-1Al1 d PART [-DISCLOSURE OF RECORDS 137 14-...... 12-6S T31-137..-...... LGzrfaly (dc!IC) ...... Correction 114...... 9-C3 E,0-M-Z 3... G2MIy...... x~t...... ---- 164B16,5B...... In F.R. Doe. 67-7610, appearing in the iSS...... 2-0 06-11-53 G A.P:a eCzit. issue 4-60 0-3-M-{2. ... o9 ...... for Saturday, July 1, 1967, at page 167...... 10-C-0 .... o tW--M .nat...... 9562, make the following changes: 14.1L ------4-0SC -2.... Vr ciczuat ttzn 6nzzznAy plza).--- - 1. In amendatory 1-G5 VQO-M-ZW..... NO ...... - paragraph 3, the last 7-0 ...... _.. NCW-V7 . pTCMt-t C=1ZX i1=IL_o p=- word in line 4, and all of line 5, should 165q - -.-- 12-CSND6~>3-1. tt:,rz11 .~-1 ,,XW 1u).. read "constituting Part 1 to read as 12-0 N 03l--1 .... CcF!ii26taZ766cZCr .. follows:". 10-05 ttM-11-1 ...... do ...... ------2. In the authority citation, insert "5" 36B...... L 63...... _.. d ...... 8-05 rrt()-M-783 ...... t cciWtae=o...... preceding "U.S.C.". 10.03 ND 1104------,. Ce fl ,n--a rr .,3i C=e1 , 3. In § 1.4(d), line 3, the word "from" should read "room". 0-CA ND U-...... 'c126ar to 12-C0N 0-.. c agccit (dirc~i)------136...... 10-C0S ND of.....1l~i7~! ~zu~7 LzmtI3 Cf: $ BA C3uc5.-oh e...... Title 29-LABOR 0B -...... 3-CZ ND 00-L_..... 11 !66tbn o! ccu!aGr.z 6trt0Z cr -09 ND Z-..... Chapter I-National Labor Relations 6-CS ND OS1.... Board 4-0 ND 7-.... cta zta uLr :!l ybn. 12-CS ~ Er,3cftL r o! x-ztE oa b~cIyL=&k (flz1B- PART 101-STATEMENTS OF 1rz___.352A_ ...-.. . . SE1Z!p). PROCEDURE, SERIES 8 t 7-C5 N 3-E.... No~m oftI~aczjz kncanar:!_ __ Miscellaneous Amendments 2-0 ND 9 ...... fcY6L 42-'S ND oX3L.....1!nz o I n a%r =t dra ------Correction 01-01q CNI)-L..... Aof~utLut~ In F-R. Doc. 67-7411, appearing in the 7-45 ND t95-L...... AutLsrizallm (d _-c L ral~n-fc issue for Saturday, July 1, 1967, at page 12-0 ND 213-1----... BlaucltLcJ...... --- 9547, make the 12-CS ...... rrt iar 1 c 'rgn:'n cfa! zn..... P following change: In 2CS2-0...... Nz -- (fL, al lo:Malb!o zar~mttrptm a-Cr P § 101.9 (c) (2), line 17, should read "agree- ment to the board, the charging". P P 7-05-_____Nladf anzi SBA c~1:a I mmcdfata zpzt PC 2C Ct n!r -, na tramttcmlUr o fm (b anku 0 =c) 3-U7 Litaa52F ' o:o !kcc:__ -_____.... i-- Title 13- BUSINESS CREDIT 670. 12-0 ND 610.-1 .... AuL 66tfz2 (dira:! ln)...... p 483...... ND LIM_.....,. Autlisnta'lm (im-lbo ra.'tb:) _ P 4'M__. . ND 610-1_..... Aut!)!Lzalln ftban f'u.7.r.iy p!n)... p AND ASSISTANCE 03-. .. 11-05 ND 4%3-4...... ApU!sn f_r on 11!:aL mu1 a d1:n__M_3_-_.__-__., P 12-C Chapter I-Small Business ND' ...... ia . p ND zZ-1 ...... D,1gr La to _m'pprtJ U3!_= ...... o ------...... p 12.-064-0 Administration ND lOa6.1.-----Mattdy rc; -rt ofa~!:! -~l dcf-ml. p:-'t!-- P [Amdt. 8-CS pz!Ln L ...U h . 8] 37L.------_--- XD 26.... I4A-!ily rc,, :rt ofc:l~dL~ dcflzrcd pzrtkd P PART 101-ADMINISTRATION 3-CS 9-C158-CS NZDND -266-1....11W-...... Qflc;~rr rxt czy: !2!5a rc7r an dc.'rcI...... ------p3 fpalL or guzatcd 1' Miscellaneous Amendments 3-07 -.- , ...... Q u- E'Ii-qa1 nsI. iu...... P ND 110-1 ...... !L Xez-btuf=-L Part 101 of Title 13 of the Code of 6--0t 7 =d rmusa_ c,6taIvc3 =d p Federal Regulations is hereby amended 0-CA ND .1V-1...... I INCO 6k.t..,.1=.73 ... by adding a new § 101.4 thereto. The new ------t § 101.4 reads as follows: See footnote3 at end of t3ble.

FEDERAL REGISTER, VOL 32, NO. 131-SATURDAY, JULY 8, 1967 No. 131-Pt. I-3 10060 RULES AND REGULATIONS

oo 4

to a,

A to-

, . .

~0 '0 ~z

9

...... sz.

zzz~ ~C, C1,,,4Nz *,.,,.,P4 I -

,",, ,, ,. r.) ,

...... RULES AND REGULATIONS icon1_

unit housing P/N AB32-,09 with now hous- (Sc. C7(a). Federal Aviation Act of 1933, Title 14-AERONAUTICS ing P/N AB32-9011 and locking plunger PIT cs amended; 72 Stat. 7439; 43 U.S.C. 1249) AND AB32-9013 In accordance with BAC 1-11 Service Bulletin No. 27-PL, 2940, or later Issued In Los Angeles, Calif., on SPACE ARB-approved iraue, or FAA-approved equiv- June 29, 1967. alent. A. E. Hom.=za, Chapter I-Federal Aviation Adminis- (d) The repetitive Inpectlona required Acting Director,Western Reg!=. tration, Department of Transporta- by paragraph (a) and the functional hecks tion required by paragraph (b) may be dallcon- 1P.R. De. G7-7&77; Filed, July 7, 19&7; tinued after the new housing Pill AB32-9011 8:4.7 am.] [Docket No. 8261; Amdt. 39-4421 and locking plunger PIN AB32-9013 arc In- stalled In accordance with paragraph (a) or PART 39-AIRWORTHINESS (c) of this AD. [Disis'e N~o. G'7-SW-11] DIRECTIVES This amendment becomes effective British Aircraft Corporation Model July 13, 1967. PART 71-DESIGNATION OF FEDERAL BAC 1-11 200 and 400 Series Air- (Sees. 313(a). COl, C03. Federal Aviation Act AIRWAYS, CONTROLLED AIRSPACE, planes of 1958; 49 U.S.C. 1354(a), 14-11. 1423) AND REPORTING POINTS There has been a failure of the rudder Issued in WashIngton, D.C., on June Designation of Transition Area 30, 1967. pedal reach lock unit spring housing R. S. Sranp, during flight on a BAC 1-11 airplane. Correction The rudder pedal reach lock unit spring Acting Dircctor, In P.R. Dic. 67-G833 appearing at page Flight StandardsService. housing failed circumferentially at its 8709 of the Issue for Saturday, June 17, lower end allowing the spring and lock- [F.R. Doe. 07-7872; Filed, July 7, 1907; ing plungef to move downwards leaving 8:40 a.] 1967, the latitude reading "31003'00" IT" the pedals unlocked. Since failures are in the fifteenth line of the Jasper, Te., likely to occur in other airplanes of the [Airspace Docket No. 07-WF-dO] transition area designation is corrected same type, an airworthiness directive is to read "31007"00' N." being issued to require periodic inspec- PART 71-DESIGNATION OF FEDERAL tion of the housing and, the lock unit AIRWAYS, CONTROLLED AIRSPACE, assembly until the incorporation [Airspace Ds'het No. CS-12A-96I of AND REPORTING POINTS BAC 1-11 Modification PM 2946. PART 71-DESIGNATION OF FEDERAL In view of the possible seriousness of Alteration of Control Zone an inffight failure of the rudder pedal AIRWAYS, CONTROLLED AIRSPACE, reach lock unit spring housing, a situa- The Department of the Navy will de- AND REPORTING POINTS tion exists that requires immediate commission the Oak Harbor Seaplane adoption of this regulation, and it is Base, Whldbey Island, Wash., approxi- Alteration of Control Zone found that notice and public procedure mately July 1967; thus, the portion of On page 1086 of the FzaiL Rn essr hereon are impracticable and good cause the Whidbey Island, Wash., control zone for January 31, 1967, the Federal Avia- designated to protect aircraft operating exists for making this amendment ef- tion Administation published a rule fective in to and from the Oak Harbor Seaplane less than 30 days. under Airspace Dokcet No. 6--1A-93 In consideration of the foregoing, and Base and the Coupeville Airport, Coupe- pursuant to the authority delegated to ville, Wash., will no longer be required. which altered the control zone for Man- me by the Administrator (25 F.R. 6489), Additionally, the Whidley Island (AL- chester, N.IL, by converting it to a part- § 39.13 of Part 39 of the Federal Aviation 451 USN) TACAN approach has been time control zone for the hours 0700 to Regulations. is amended by adding the revised to permit a 1.5 SAT reduction in 2300 hours. following new airworthiness directive: the control zone extension north of Whidbey Island. An ADF approach has Due to requests from the State of New BR-rISH Amcnri'. Applies to Model BAC 1-11 also been developed that will require a Hampshire and users of the Manchester 200 and 400 Series airplanes. 3 SAT control zone extension 2 miles each Airport, the efective date of the conver- Compliance required as indicated. side of the 2830 T bearing from the sion to a part-time control zone has been To prevent failure of the rudder pedal Whidbey Island RBN. The above actions postponed until July 1, 1967, through reach adjuster lock unit housing P/IN AB32- will necessitate an amendment to the 509, accomplish the followeing: several intervening airspace actions. It (a) Within the next 50 hours' time in serv- Whldbey Island, Wash., control zone, and action Is taken herein to accomplish is now apparent that the State of ice after the effective date of this AD, unless New already accomplished within the last 200 this purpose. Hampshire is in a position to con- hours' time in service, and thereafter at in- Since this amendment is minor in na- tinue the operation of the control tower tervals not to exceed 250 hours' time in serv- ture, is less restrictive than the present on a full time basis until at least January ice from the last inspection, visually inspect airspace designation, and Impozes no 1, 1968, at which the rudder pedal reach adjuster lock unit time this matter will housing P/IN A'32-509 for cracks In accord- additional burden on any person, notice be reviewed again. Thus, it sem appro- ance with British Aircraft Corporation BAC and public procedure hereon are unncc- priate to delete all reference to a part- essary. 1-11 Alert Service Bulletin No. 27-A-PAI 2946, time control zone. Issue 1, or later ARB-approved issue. Cracked In consideration of the foregoing, Parb housings must be replaced before further 71 of the Federal Aviation Regulation. Is Since this amendment requires the flight with an unused or serviceable housing amended, effective 00O0 es.t., September deletion of an effective date of July 1, having the same part number or with a new 1907, and to avoid any confusion imme- housing P/N AB32-9011 and locking plunger 14, 1967, as hereinafter set forth: P/N AB32-9013 in accordance with BAC 1-11 In § 71.171 (32 F.R. 2145) the nhildbey diate action Is required and notice and Service Bulletin No. 27-PM 2946, or later Island, Wash., control zone is amended public procedure hereon are impracti- ARB-approved issue, or FAA-approved equiv- as follows: cable and good cause exists for making alent. (b) If no cracks are detected during the Wninasv Iliwm. WAsu. this amendment effective on less than 30 inspection required by paragraph (a), lu- Within a 5-mule radius of Ault Field. WVhd- days notice. * bricate the housing and conduct a functional bey Island. Wash. (latitude 4812r10 11., In view of the foregoing the following check of the lock unit assembly In accord- longitude 122*39'201" W.). within 2 mesc ance with BAC 1-11 Alert Service Bulletin each side of the Whidbey Island TACAIT 3SG rule is hereby adopted effective upon No. 27-A-Pl 294 or later ARB-approved is- radial, extending from the 5-mile radius zone publication in the Fnnxnr Rz s sue. Correct defects found before further to 6 miles north of the TACAIT, and within 1. Amend § 71.171 of Part 71 of the flight' 2 miles each side of the 283* bearing from (c) Within the next 1,200 hours' time in the Whidbey Island RBT, extending from Federal Aviation Regulations so as to service after the effective date of this AD, the 5-mile radius zone to 8 mUs west of the delete n the description of the Man- replace rudder pedal reach adjuster lock RBI. chester, N.H., control zone all after

FEDERAL REGISTER, VOL 32, NO. 131-SATURDAY, JULY 8, 1967 10062 RULES AND REGULATIONS and including the words "on and tion (1.1(f)) in conjunction with § 1.36 vising paragraph (b); revising para- after * * *" (c) and (d). The new consolidation 2. Delete will graph (c); deleting paragraph (d), item 2 of the original notice largely obviate the necessity of analyz- revising paragraph (e) and renumbering of proposed rule making and the rule ing and comparing different sections and It as (d) and adding a new paragraph as originally published on January 31, paragraphs of our rules. Furthermore, (e). As amended, § 1.36 reads as follows: 1967. since the Public Information Act pro- (See. 307(a) of the Federal Aviation Act of vides for judicial review of any with- § 1.36 Public information and requestm. 1958; 72 Stat. 749; 49 U.S.C. 1348) holding of agency records, we are estab- lishing Section 3.102 of this chapter describes Issued in Jamaica, N.Y., on June 30, a procedure for the filing of the methods by which the Comnnsslon 1967. written appeals by complainants. On the basis of past experience however, makes information available to the pub- WAYNE HENDERSHOT, we lic. This section prescribes the rules gov- Acting Director, Eastern anticipate that almost all such cases can Region. be handled orally and informally by the erning public notice of proceedings, [F.R. Doc. 67-7958; Filed, July 7, 1967; Office of Public Information. publication of decisions, and public rec- 8:49 a.m.] The Commission finds: ords of the Commission. (1) It is appropriate and in the public (a) Notice of procecdings. Notice of interest in administering the Federal applications, formal complaints, and Power and Natural Gas Acts and to im- petitions other than petitions to inter- Title 18-CONSERVATION OF plement the provisions of section 3 of vene, is provided for In §5 1.17 and 1.37. the Administrative Procedure Act, as Notice of applications for certificates of POWER AND WATER RESOURCES revised by Public Law 89-487 (80 Statt. public convenience and necessity under 250) codified by P.L. 90-23 (81 Stat. section 7 of the Natural Gas Act is pro- Chapter I-Federal Power 54), in 5 U.S.C. 552, to amend the Com- vided for by § 157.9 of this chapter. Commission mission's general rules as ordered herein. Notice of hearings and of initiation or pendency of rulemaking proceedings is [Docket No. R--328; Order 851] (2) The notice and effective date pro- visions of section 4 of the Administra- provided for in 1 1.19. Notice of applica- PART 1-RULES OF PRACTICE AND tive Procedure Act (5 U.S.C. 553) do not tions under Part I of the act for prelim- PROCEDURE apply with respect to the amendments inary permits and licenses Is provided for here adopted. by §5 4.31 and 4.81 of this chapter. Notice PART 3-ORGANIZATION; OPERA- The Commission, acting pursuant to of proposed alterations or surrenders of TION; INFORMATION AND RE- authority granted by section 309 of the license under section 6 of the Federal Power Act may QUESTS; ETHICAL STANDARDS Federal Power Act, section 16 of the Nat- be given by filing and ural Gas Act (16 U.S.C. 825h; 15 U.S.C. publication in the FXDZRAL REIsTa as Public Information, Organization and 717o) and in accordance with section 3 provided in § 1.19 (a), and, where deemed Method of Operation of the Administrative Procedure Act, as desirable by the Commission, by local amended by P.L. 90-23 (81 Stat. 54), newspaper advertisement. Notice of rates JULY 3, 1967. orders: charged and changes therein Is provided Following enactment of Public Law 89- (A) Parts 1 and 3, Subchapter A, for by the filing requirements of Parts 35 487, an Act to amend section 3 of the Ad- General Rules, Chapter I of Title 18 of and 154 of this chapter. Any other notice ministrative Procedure Act to clarify and the Code of Federal Regulations are required by statute, rule, regulation, or protect the right of the public to infor- amended as follows: order, or deemed desirable, may be given mation (80 Stat. 250, recodifled by P.L. 1. In § 1.1, paragraph (g) Is revised to by filing and publication In the FXD^RAL 90-23, 81 Stat. 54), the Commission read as follows: REGISTER as provided in § 1.19(a) or by has reviewed its existing rules, regula- service as provided in § 1.17(a). § 1. The Commission. tions, practice and procedures relating (b) Notice and publication of deci- to the availability to the public of mate- sions, rules, statements of policy, organi- rial in its files. Our review disclosed that (g) Public information. Requests for zation, and operations. Service of inter- the existing practices with respect to the information may be addressed to the mediate and final decisions upon parties release of information substantially ac- Office of Public Information at the Com- to the proceedings is provided In § 1.30 cord with the revised section 3. We are mission's headquarters in Washington, (a), (b), and (i). Descriptions of the revising our rules on public records D.C. Public records are available for pub- Commission's organization, Its methods ( 1.36 (c) qnd (d)) to describe more lic inspection and copying at that office, of operation, statements of policy and clearly what information is available to as provided in § 1.36. Pleadings and interpretations, procedural and substan- the public. In Part 3 we indicate the other official filings are made as pro- tive rules, and amendments thereto will places at and the method by which such vided in § 1.2(c). A description of the be filed with and published In the FPD- information may be obtained. As required facilities available for public reference RAL RECISTER. Commission opinions to- by the statute we have updated and are and the procedures that may be em- gether with accompanying orders, Com- recodifying the Commission's statement ployed to obtain information, copies of mission orders, and intermediate deci- of "Course and Method of Operation." public records or to secure informal ad- sions will be released to the press and Additionally, as indicated in § 3.102(e), a vice and assistance from or consultation made available to the public promptly. current subject-index of major Commis- with members of the staff on problems Copies of Commission opinions, orders In sion actions issued after July 4, 1967, relating to the statutes and regulations the nature of opinions, rulemaking and will be maintained in the Office of Public administered by the Commission is con- selected procedural orders, and interme- Information where it will be available tained in the material published in Part diate decisions which have become final for public inspection and copying, to sup- 3 of this chapter. are published in the Federal Power Com- plement the indexing services which are 2. In § 1.2, paragraph (c) is revised mission Reports ( .... FPC .... ) and may now being rendered to the public. to read as follows: be procured from the Superintendent of The principal change in § 1.36 is one Documents, United States Government of form. Paragraphs (c) and (d) have § 1.2 The Secretary. Printing Office, Washington, D.C. 20402, been combined into a new paragraph (c). upon payment of prescribed charges. Under this amended paragraph the rec- (c) Pleadings and submittals. Plead- (c) Public records. The public records ords which are available to the public ings and other submittals or papers shall of the Commission, available upon spe- are specifically enumerated and any be filed in the Office of the Secretary cific request for Inspection and copying exceptions noted where appropriate. Pre- of the Commission at Washington, D.C., during regular business hours in the pub- viously, paragraph (c) broadly described within such time limits as are prescribed lic reference room maintained by the the records available to the public and for such filings. Office of Public Information, Include: (1) paragraph (d) listed the exceptions. 3. Section 1.36, Public Information, is All submittals and filings as follows: Moreover, it was necessary to read ap- amended by adding a new paragraph propriate portions of our definitions (i) applications, declarations, com- sec- before the existing paragraph (a); re- plaints (both formal and informal), pett-

FEDERAL REGISTER, VOL. 32, NO. 131-SATURDAY, JULY 8, 1967 RULES AND REGULATIONS 10063 tions and other papers seeking Commis- formation, except to or by another or information not permitted to be sion action; branch, department, or agency of the divulged by section 301 of the Federal (ii) financial and statistical and other Government. Power Act or section 8 of the Natural Gas reports to the Commission (except for (7) Commission correspondenceI with Act because knowledge thereof was the "Curtailments of Main Line In- respect to the furnishing of data, infor- gained during the course of examination dustrial Customers" reports filed as a mation, comments, or recommendations of books, records, data, or accounts pur- supplement to Form No. 2), power system to or by another branch, department, suant to those sections and divulgence statements, statements of claimed cost or agency of the Government where fur- thereof has not been ordered by the of licensed projects, original cost and nished to satisfy a specific requirement Commission; reclassification studies, proposed ac- of a statute or where made public by (Ui) Files and records classified under counting entries, certificates of notifica- that branch, department or agency. Executive Order No. 10501, 3 CFR, 1949- tion (under section 204(e) of the Federal (8) Commission correspondence and 53 Comp., p. 979, for national security Rower Act), rates or rate schedules and reports on legislative matters under con- purposes; related data and concurrences, and other sideration by the Bureau of the Budget (l) The schedule entitled "Curtail- filings and submittals to the Commis- or Congress but only if and after made ments of Main Line Industrial Custom- sion in compliance with the requirement public or released for publication by that ers" prescribed as a supplement to FPC of any statute, executive order, or Com- Bureau or the Committee or Member of Form No. 2 by § 260.1 of this chapter; mission rule, regulation, order, license, or Congress involved. (iv) Written communications between permit; (9) Staff reports on statements of or among the Commission, members of (iii) all answers, replies, responses, claimed cost by licensees where such re- the Commis-ion, the Secretary, and ex- objections, protests, motions,' stipula- ports have been served on the licensee. prLesly dezignated members of the staff tions, exceptions, other pleadings, (10) Commission correspondence on while particularly assigned, in accord- notices, depositions, certificates, proofs interpretation of the Uniform System ance with all applicable legal require- of service, transcripts or oral arguments, of Accounts and letters on such interpre- ments, to aid the Commission in the and briefs in any matter or proceeding; tation signed by the Chief Accountant drafting of any order and findings, with (iv) all exhibits, attachments and ap- and sent to others than the Commics on, or without opinion in any matter or pendices to, amendments and corrections a Commissioner, or any of the staff. proceeding; of, supplements to, or transmittals or (11) Commission correspondence on (v) Unaccepted offers of settlement in withdrawals of, any of the foregoing; the interpretation or applicability of any matter or proceeding unless or until (v)any Commission correspondence any statute, rule, regulation, order, 11- made public by act of the offeror. relating to any of the foregoing. cense, or permit issued or administered (d) Other records. Records not made (2) All other parts of the formal by the Commission and letters of opinion part of the public records by this section record in any matter or proceeding set on that subject signed by the General may be requested in writing, accompa- for formal or statutory hearing and any Counsel and sent to others than the nied by a showing in support thereof, Commission correspondence related Commission, a Commlsoner, or any of filed with the Secretary and will be made thereto. "Matter or proceeding" means the staff. available for public reference upon good the Commission's elucidation of the (12) Copies of all filings, certifications, cause shown by order of the Commission relevant facts and applicable law, con- pleadings, records, briefs, orders, judg- or the Chairman, where consistent with sideration thereof, and action thereupon ments, decrees, and mandates In court the public interest and permitted by the with respect to a particular subject proceedings to which the Commission is Commlson's statutory authority. within the Commission's jurisdiction, a party and all correspondence with the (e) Procedure in event of withholding initiated by a fing or submittal or a courts or clerks of court. of Public records. In any case where Commission notice or order. "Formal (13) The Commisslon's Administrative there is a question of interpretation record" includes in addition to all the and Operating Manuals. under paagraph (c) of this section, the filings and submittals in a matter or (14) All other records of the Commis- question shall be resolved Informally, if proceeding, any notice or Commission sion except for those that are: pozAble, by the Director of the Office of order initiating the matter or proceed- (I) Specifically required by Executive Public Information. If the question can- ing, and, if a hearing is held, the follow- order to be kept secret in the interest of not be resolved informally, the person ing: the designation of the presiding the national defense or foreign policy; seeking such record may request the Sac- officer, transcript of hearing, all exhibits (Ui) Related solely to the internal per- retary, by petition filed pursuant to § 1.7, received in evidence, all exhibits offered sonnel rules and practices of an agency; to male such record available for in- but not received in evidence, offers of (ill) Specifically exempted from dis- spection and copying. The Secretary proof, motions, stipulation, subpenas, closure by statute; shall either cause the record to be made proofs of service, reference to the Com- (iv) Trade secrets and commercial or available or shall state in writing the mission, and determinations made by the financial Information obtained from a bais for his determination that the doc- Commission thereon, certifications to the person and privileged or confidential; ument requested is not a public record Commission, and anything else upon (v) Interagency- or Intra-agency under paragraph (c) of this section. If which action of the presiding officer or memorandums or letters which would the Secretary denies the petition, the the Commission may be based; it does not be available by law to a party other person ,eeldng the record may appeal not include any unaccepted offer of set- than an agency in litigation with the such denial to the Commission by peti- tIement made by a party in the course agency; tlon conforming to the requirements of of a proceeding and not formally sub- (vi) Personnel and medical files and §§ 1.15 through 1.17. mitted to the Commission. similar files the disclosure of which would (f Procedurein event of subpoena. If (3) Any proposed testimony or exhibit constitute a clearly unwarranted nva- an officer or employee of the Commission -filed with the Commission but not yet slon of personal privacy; is served with a subpoena duces tecum, offered or received in evidence. (vii) Investigatory files compiled for material which is not part of the public * (4) All presiding officer actions and all law enforcement purposes except to the file and records of the Commission shall presiding officer correspondence and extent available by law to a party other be produced only as authorized by the memoranda to or from others with the thmn an agency; or Commission. Service of such a subpoena exception of internal communications (viii) Geological and geophysical in- shall Immediately be reported to the within the Office of Hearing Examiners. formation and data, including maps, Commilsson with a statement of all rel- (5) All Commission orders, notices, concerning wells. evant facts. The Commission will there- findings, opinions, determinations, and (15) The following are examples of upon enter such order or give such in- other actions in any matter or proceed- information which is not part of the structions as it deems advisable. ing and all Commission minutes which public records of the Commission: (I) Files and records containing facts 4. The heading of Part 3 is revised to have been approved. read: Part 3--Orcanization; Operation; (6) All Commission correspondence Information and requests; Ethical stand- "elating to any furnishing of data or in- 2As defined In § 1.1(f) (22). ards.

FEDERAL REGISTER, VOL. 32, NO. 131-SATURDAY, JULY 8, 1967 10064 RULES AND REGULATIONS

5. The heading of Subpart A is re- § 3.6 Offices of the Commission; infor- FUNCTIONS UNDER THE NATURAL GAS ACT vised to read: Subpart A-Organization; mation and submittals. Sec. Delegations of Authority. (a) Headquarters of the Federal 3.161 Determination of Jurisdictional status. 6. Subpart A is amended by revising Power Commission are in the General 8.162 Export or import of natural gas. 1 3.1; revising § 3.4(e) by revising the Accounting Office Building, 441 G Street 3.163 Rate schedules. opening paragraph thereof; revising NW., Washington, D.C. Information con- 3.164 Fixing rates and charges. subparagraphs (7), (9), (10), and (12), cerning matters for which the Commis- 3.165 Ascertainment of cost and dsprechtl- and revising paragraphs (a), (b), and sion is responsible may be obtained in tion. (c) of § 3.6. As amended, the affected person at that office, or by written re- 3.166 Extension of facilities. sections read as follows: quest addressed to the Federal Power 3.167 Abandonment. Commission, Washington, D.C. 20426. 3.168 Certificates. § 3.1 Purpose. 3.169 State oompacto. Except as provided in paragraph (b) of 3.170 Approved forms, etc. This subpart describes the central and this section, all formal requests, fflings, 3.171 Other matters. field organization of the Federal Power and submittals should be addressed to Commission, including delegations of the principal office of the Commission, FUNCTIONS UNDER OTHER AUTHORIZATIONS final authority and the established pursuant to § 1.2(c) of this chapter. Sec. places at which, and methods whereby, (b) Regional offices of the Bureau of 3.181 Executive Order 10485. the public may secure information or Power to which should be submitted all 3.182 Flood Control and River and Harbor sub- Acts. make submittals or requests. This prescribed Power System Statements and 3.183 Federal multipurpose projectm. part also describes the plan of organi- Licensed Project Recreation Reports and 3.184 Water Resources Planning Act, zation and operation which will be ob- from which information may be obtained 3.185 Outer Continental Shelf Lands At. served by this Commission in discharg- to the extent available, are located as 3.186 Information relative to mlscellancun ing its lawful duties and responsibilities follows: * * * functions. in the event of an armed attack upon the (c) Public records are available pur- Subpart B-Course and Method of United States, its territories and pos- suant to § 1.36 of this chapter for public sessions, in the event of official notifi- inspection and copying in the Office of Operation cation of the likelihood or imminence Public Information at agency head- of such attack or at a time specified by quarters. GENERAL authority of the President, whichever § 3.100 Introduction. may first occur. 7. The heading and section analysis of Subpart B, currently reserved, is added (a) This subpart describes the general § 3.4 Organization. as follows: course and method by which the public Subpart B-Course and Method of functions of the Commission are chan- (e) The staff. The Commission is com- Operation neled. Section 3.101 et seq., apply gen- prised of the following bureaus and of- GENERAL erally to all Commission matters: § 3,111 Sec. ices. The functions of each element, here 3,100 Introduction. et seq. are concerned with functions re- summarized, are described in greater de- 3,101 Right to conference. lating to matters arising under the Fed- tail in the FPC Administrative Man- 3.102 Public information, requests, and as- eral Power Act; and § 3.161 et seq. with ual. * * * sistance. those under the Natural Gas Act. Func- (7) The Office of Special Assistants to 3.103 Hearings. tions under other authorizations are the Commission, responsible for assisting 3.104 Complaints; answers. treated In § 3.181 et seq. the Commission in the preparation of 3.105 Investigative functions. (b) The rules and regulations of the opinions, orders, 3.106 Accounting. and other legal docu- 3.107 Depreciation. Commission, published In the FrPYRAT, ments, and for analyzing exceptions, pre- 3.108 Reports to the Commission. REGISTER and in Chapter I of Title 18 of paring summaries of facts and issues, and 3.109 Publication and sale of reports. the Code of Federal Regulations, s.t. performing related duties, as assigned. forth the Commission's formal and in- The Office, under the administrative su- FUNCTIONS UNDER PART I OF THE FEDERAL formal procedures, prescribed forms, and pervision of the Chief of the Office, is POWER ACT instructions as to the scope and content directly responsible to the Commission 3.111 Investigations. of all papers, reports, and examintioll. for its operation. 3.112 Declaration of intention. All applications, complaints, declain- * * * * * 3.113 Preliminary permits. tions, petitions, pleadings, protests, re- 3.114 Licenses. (9) The Office of Administrative Op- 3.115 Annual charges. ports, and other documents addre&sscd to erations, responsible for providing con- 3.116 Cost or fair value determinations. the Commission are, unless otherwise tracting ana procurement, travel and 3.117 Headwater benefits. specifically provided, received in its of- transportation, records, dockets, and 3.118 Restoration of Government lands. fices at Washington, D.C. Such materid files, all types of office services, and li- 3,119 Field inspections and revocation of goes to the appropriate Bureaus or Of- permits and licenses by court fices, described n Subpart A of this part. brary services. action. (10) The Office of the Comptroller, 3.120 Other matters. for study and recommendation to the responsible for development and imple- Commission as set out In the subsequent mentation of program and budget plan- FUNCTIONS UNDER PARTS II AND III OF sections of this subpart. Inquiries about ning and review, administrative account- THE FEDERAL POWER ACT the status of such material should be di- ing, audit and payroll services; organiza- 3.131 Determination of jurisdictional sta- rected to the Office of the Secretary of tion and management analysis; direc- tus. the Commission or as may be otherwise tion and coordination of the automatic 3.132 Interconnection and coordination of data processing program and computer facilities. provided in this subpart. The Comnils- operations; administration of the FPC 3.133 Exportation of electric energy. sion or the staff may seek informatlon by staff instruction 3.134 Disposition of property, consolidation, written inquiry, conference, telephton, system; and the Em- purchase of securities, ployees' Suggestion Program in conjunc- 3.135 Issuance of securities; assumption of inquiry, field Investigation, or hia,,wl'. tion with the Commission's Incentive liabilities. Awards Program. 3.136 Rate schedules. § 3.101 Right to conference. 3.137 Fixing rates and charges. 3.138 Ascertainment of cost and deprecia- In any formal or informal proee'dliw', (12) Office of Personnel Programs, re- tion. a party may request a conference for the sponsible for the Commission's personnel 3.139 Interlocking positions. submission and consideration of facts, management, personnel security and 3.140 Investigations relating to electric en- other related employee developments, ergy, etc. arguments, offers of settlement, or pro- utilization and service programs, such as 3.141 Forfeitures. posals of adjustment where time, the recruiting, training, Incentive awards, 3.142 Approved forms, etc. nature of the proceeding, and the public safety and health. 3.143 Other matters. interest permit.

FEDERAL REGISTER, VOL. 32, NO. 131-SATURDAY, JULY 8, 1967 RULES AND REGULATIONS 100l5

§ 3.102 Public information, requests, available to the public through the Is- tion with State commissions pursuant to and assistance. ' suance of reports, maps, statistics and section 209 of the Federal Power Act and (a) A detailed description of the func- other materials on specific subject section 17 of the Natural Gas Act, are sat tions and responsibilities of the Office of matters. forth In § 1.37 of this chapter. If a hear- Public Information, which is responsible (h) Informal assistance and advice. ing Is held under the Federal Power Act, for carrying out the Commission's public Informal procedures are designed to aid section 303 thereof applies; if under the information program is set out in the public and facilitate the execution Natural Gas Act, section 15 thereof § 3.4(e) (11). The office is located in the of the Commission's functions. Opinions applies. In either case they are subject to Commission's headquarters in Washing- expressed by members of the staff do not the requirements of § 1.20 of this chap- ton, D.C., where there is maintained a constitute an official expression of the ter. In general, the following procedure specially staffed and equipped public re- Commission's views. They reprecent, Is followed: The time and place of hear- ference room. More limited facilities for however, the views of persons who are ings and the issues involved are stated public use are provided in the Regional continuously working with the provi- In Commi aonorders or notices served Offices (see § 3.6) where information sions of the statutes and rules which are on the participants and Interested State may be obtained to the extent available. involved. More specifically, the staff pro- agencies and published in the FDzPAL (b) During the Commission's regular vides advisory assistance to members of REosrn. A prehearing conference pro- business hours, the public may examine the general public and to prospective cedure is provided by § 1.18 of this chap- applicants for the several categories ter. Provisions are also made in the rules in the Office of Public Information in of authorizations Washington, D.C., copies of public in- (licenses, certificates, concerning expert witnesses, stipulations, formation filed with the Commission. etd.) granted by the Commission. In- evidence, presiding officers, copies of quiries may be directed to the chief of transcripts, motions, and time require- Photo copies of public material may be the appropriate bureau, office obtained through the public reference or division ments. Evidence may be offered and room. Fees charged for such copies are described in § 3.4(e). cross-examination conducted by any established by an annual contract be- (t) Press releases. The Commission Is- party to the proceeding and by staff tween the Commission and a private sues press releases under authority of counsel. Testimony and exhibits are company which does the work. Current sections 4(d), 307, 311 and 312 of the given and prepared, and other assistance ,schedules of fees for copying work are Federal Power Act and section 14(a) rendered staff counsel by the technical available from the Office of Public In- of the Natural Gas Act. Releases are staff as may be required. Appeals from formation. Inquiries and orders may be issued on major applications, decisions, rulings of presding officers during the made to that office personally, by tele- opinions, major orders, rulemaking ac- course of proceedings may ba made to phone, or by mail. tions, new publications, major personnel the Commission in accordance with 9 1.23 (c) The stenographic reporting of the changes and other matters of general of this chapter. Briefs and oral argu- Commission's hearings is performed by public interest. Releases are primarily ments before presiding officers, and pro- a private company pursuant to an an- intended to inform the public of actions posed findings and orders, are subject nual contract made with the Commis- taken by, and matters pending before, to F 1.29 of this chapter. The presiding sion. Interested members of the public the Commission. The Office of Public officer's decision, exceptions thereto, may obtain copies of the transcript of Information is responsible for the edi- briefs and oral arguments before the public hearings from the contract re- torial preparation, including any neces- Commission, decisions by the Commis- iporter at prices set by tables of charges sary consultation with members of the son, and reopening of proceedings are in the contract, copies of which are on Commission or the staff, and issuance of governed by § 1.30 et seq. of this chapter. file in the Commission offices in Wash- releases. Whether or not a hearing has been held, ington and are available for public in- () Press, television, radio and photo- an application may be made for rehear- spection in the Office of Public graphic coverage of Commission proceed- ing under section 313(a) of the Federal Information. ings. (1) Press tables are provided in Power Act or section 19(a) of the Xat- (d) The Commission's opinions, deci- each hearing room, located as near as ural Gas Act, respectively, and the pro- sions, orders, and rulemaking actions possible to the bench and witness chair. ,isions of § 1.34 of this chapter. Such are published initially in mimeographed The press may attend all sezsons of applications may be filed with respect to form, distributed in the Office of Public hearings, subject to the same rules of any final Commi son order. Information and mailed to persons on conduct as all others present; (2) the use § 3.104 Complaints; answers. request. The opinions, decisions, rules of television, movie and still cameras and recording equipment is permitted in Section 306 of the Federal Power Act. and regulations, and selected categories section 13 of the N7atural Gas Act, and of orders thereafter are printed In: hearing rooms prior to the opening of a hearing or argument and during recese, §§ 1.6 and 1.9 of this chapter provide for 'Preliminary Prints" and bound volumes complaints (and answers) by any person, entitled "Federal pursuant to prior arrangements with the Power Commission Re- Commission or presiding Examiner, as State commission, State or municipaliy ports"; these publications may be ob- on account of any act done or omitted tained from the Superintendent of the case may be. All equipment must be removed from the room before the pro- to be done by any licensee, public utility, Documents, Government Printing Office, or natural gas company. Washington, D.C. ceedings begin or resume; (3) the use of television, movie, still cameras or record- 8 3.105 Investigative functions. (e) A "List of Formal Documents" Ing equipment is not permitted while issued by the Commission is published Commission hearings and oral arguments Investigations made pursuant to the daily and provides a convenient refer- "are in progress; (4) pursuant to prior general authority provided in section 307 ence to current Commission actions. A arrangement with the Director of Public (a) of the Federal Power Act and section current subject-index of major Com- Information, television cameras, pres 14(a) of the Natural Gas Act are con- mission actions since July 1, 1967, is cameras and recording equipment are ducted by the bureau or office primarily also maintained in the Office of Public permitted at FPC press conferences, pro- concerned with the subject matter, with Information where it is available for vided that they are used in such a man- the OGCO participating on the legal public inspection and copying. ner as not to interfere with the orderly aspects thereof. After notice, hearings (f) The Commission publishes an an- conduct of the conference. maybeheld. nual report to the Congress which sets § 3.106 Accounting. forth the result of the Commission's § 3.103 Hearings. operations during the past fiscal year Hearings are not required to be held The Uniform System of Accounts pre- under the various statutes committed to in all of the Commilsslon's proceedings. scribed by the Commission for public its charge. Copies may be obtained from Where no hearing is held, the Commis- 'The the Superintendent of Documents, Gov- sion acts on the basis of the material following abbrovltlons are uz=d in ernment Printing Office, Washington, filed and the staff studies and recom- this ubpart: B IG-Bureau of SITtural Gs; D.C. O.'--Ofcls of Accounting tnd Finance; mendatlons thereon. (See also § 1.32 of O1--OCQ of Economaic; OGC-Office of (g) The Commission also makes other this chapter.) The procedures for the tho General Councel; OPI-Oca of Public information related to its functions possible use of joint boards and coopera- Informatlon; PWR-Bureau of Power.

FEDERAL REGISTER, VOL 32, NO. 131-SATURDAY, JULY 0, 1967 10066 RULES AND REGULATIONS

utilities, licensees, and natural gas com- or complaint. The staff work ih per- be Issued by the Forest Service covering panies pursuant to sections 301 and 8, re- formed by the PWR with the participa- projects of less than 2,000 horsepower. spectively, of the Federal Power and Nat- tion of the OGC on the legal aspects ural Gas Acts is contained in Subehap- thereof. Whenever it appears from such § 3.115 Annual charges. ters C and F of this Chapter. Before pre- investigation that a license is required, Petitions for adjustment of annual scribing any rules or requirements as to the owner of the project may be so in- charges are referred to the Bureau of accounts, records, or memoranda, the formed by the Secretary. If an applica- Power for study and recommendation. Commission notifies interested State tion for license Is not filed an order to Petitions by State or municipal licensees commissions and affords reasonable op- show cause therefor may be Issued and a for exemption pursuant to evction portunity for presentation of their views, hearing held. 10(e) of the act (§ 11.24 and 131.70 of pursuant to the Acts. Studies and ex- this chapter) from payment of such aminations of the accounting practices § 3.112' Declaration of intention. charges are similarly referred to the of the companies are conducted by the Notice of declarations of intention to PWR. Petitions of both types are re- OAF, with the participation of the OG construct a dam or other project works, ferred to the OOC for legal study and on the legal aspects thereof. After notice, pursuant to section 23(b) of the Act, is recommendation. After notice, a hear- a hearing may be held. given to interested public officials and ing may be held. § 3.107 Depreciation. state agencies. The declarations are § 3.116 Cost or fair value d,,zerihiau. referred to the PWR and to the OGC lions. (a) Rules, regulations, and forms of for studies to determine whether the account for depreciation are set forth in interests of interstate or foreign com- The licensee Initiates proceedings for the Uniform System of Accounts referred merce would be affected by the proposed the determination of actual legitimath to in § 3.106. Studies and recommenda- construction. After notice, a hearing original cost or fair value of a licen4ed tions concerning depreciation under the may be held. project by the filing of an Initial state- Acts are made by the OAF and OEC, with ment of cost or value (Form No. 0 pur- the participation of the OG on the legal § 3.113 Preliminary permits. suant to the requirements of the license aspects thereof. Applications for preliminary permits and the Commission's regulations, Such (b) Before prescribing any rules or to maintain priority of applications for statement is referred to the OAF for requirements as to depreciation, the license, under section 4(f) of the act audit and report, with participation by Commission notifies interested State are referred to the PWR and the OGC the OGC on the legal aspects thereof commissions and affords reasonable op- for studies and recommendations. Notice and, when appropriate, with participa- portunity for presentation of their views. of an application filed by any person, tion by OEC and PWR. Such report 1% § 3.108 Reports to the Commission. association, or corporation is published served on Interested state and federal in the FEDERAL REGISTER and in local agencies. Protest thereto may be filed The reports and forms prescribed by newspapers in the vicinity of the pro- by the licensee. If a protest Is filed, a the Commission pursuant to the Federal posed project and is given to States and hearing Is held after notice. In the ab- Power Act are listed in § 3.142; those municipalities likely to be affected, pur- sence of protest, the Commission makeq prescribed under the Natural Gas Act suant to section 4(f) of the act. After the determination upon the basis of the are listed in § 3.169. Rules prescribing notice, a hearing may be held. staff report and recommendations. The public use forms are submitted to the licensee Is required to file thereafter a Bureau of the Budget for clearance as § 3.114 Licenses. statement on Form No. 7 (0 141.12 of thh, required by the Federal Reports Act of (a) Formal procedures relating to the chapter) showing Its compliance with the 1942, as amended. following applications are set out in Parts Commission determination. § 3.109 Publication and ..., of reports. 4, 5, 6, 16, and 131 of this chapter. § 3.117 HeadwaterbenefitI. (b) Applications under the Federal Commission action Pursuant to section 312 and other sec- Power Act for license for proposed major for the deteimina- tions of the Federal Power Act and sec- projects; for constructed major projects; tion of headwater benefits under section tion 14 of the Natural Gas Act, the Com- for amendment of licenses for major 10(f) of the act may be initiated by the mission publishes reports, decisions, and projects and for renewal of licenses for Commission, or by petition of an affected other material on the electric power and major projects are processed in the party, therefor, pursuant to the Commils- natural gas industries. These publica- manner stated in § 3.113, except that sion's regulations. Answers may be sub- tions are available over the counter from those for alteration or surrender of li- mitted. The matter Is referred to the the Office of Public Information and by censes pursuant to section 6 of the act PWR and the OGC for studies and rec- mail or over the counter from the Super- may be acted on by the Commission after ommendations. After notice, a hearing intendent of Documents, GPO, Washing- thirty (30) days' public notice published may be held. ton, D.C. 20402. in the FEDERAL REGISTER and, if deemed §3.118 Restoration of Government FUNCTIONS UNDER PART I OF THE FEDERAL necessary, in local newspapers. lands. POWER ACT (c) Except for the notice require- Applications for restoration of Gov- § 3.111 Investigations. ments, applications for licenses for ernment lands withdrawn for power pur- minor projects; for transmission lines poses under section 24 of the act are (a) Water power resources. Investiga- only; for extension of time for com- referred to the PWR and to the OC for tions under section 4(a) of the act con- mencing or completing construction of studies and recommendations. Aftvr cerning water power resources and their a project; for amendment of licenses notice, a hearing may be held. The? Com- utilization, are initiated by the Commis- for minor projects or primary transmis- mission notifies the Secretary of the In- sion upon its own motion, request of sion lines only; for approval of transfer terior of the determination made in an- another governmental agency or com- of license or lease of project property; cordance with section 24 of the act. plaint. The staff work is performed by for renewal of licenses for minor projects the PWR, with participation of the OGC or primary transmission lines only under § 3.119 Field inspections and revocation on the legal aspects thereof. Such inves- license which expires on a specified date; of permits and licen4eq by court tigations may be conducted in coopera- for approval of plans and exhibits; for action. tion with other governmental agencies. surrender of licenses for minor projects Compliance with the terms of licensei After notice, a hearing may be held. or primary transmission lines only; for and with the approved plans In construc- (b) Jurisdiction. Investigations pur- annual licenses; and applications con- tion, operation, and maintenance of li- suant to section 4(g) of the act to deter- cerning a minor part only of a complete censed projects, and with the terms of mine Federal jurisdiction over water project except for primary transmission preliminary permits, Is enforced by power projects which may require au- lines only (regulations for similar ap- periodic Inspections by the PWR, prin- thorization under the act, are initiated plications for major projects are cipally through the Regional Offices, or by the Commission upon its own mo- applicable) are similarly processed. In through designated Federal agencies. tion, request of another Federal agency, certain cases Special Use Permits may Apparent violations of such terms or

FEDERAL REGISTER, VOL. 32, NO. 131-SATURDAY, JULY 8, 1967 RULES AND REGULATIONS 10,067 plans, or of provisions of the act and of transmission facilities or sale or ex- plication or by Commission order served regulations of the Commission, are re- change of electric energy pursuant to on the parties and interested State agen- ported to the Commission either by the section 202(b) of the act are referred cles and published In the FuER Rzu- staff or other agency or by complaint. to the PWR and the OM for studies z:a,. Staff studies and recommenda- Reports and recommendations thereon and recommendations. Notice is given tions are made by the OAF, the PWR. by the PWR and the OGC are submitted to each State commission and public and the OGC. After notice, a hearing to the Commission and attempts made utility affected and published in the FED- may be held. through correspondence or field investi- ERAL REGISTER. After notice, a hearing gation to secure compliance by the § 3.135 Issuance of securities; assump- per- may be held. Lion of mittees or licensees. If satisfactory (c) The authority of the CommiL -on liailities. adjustments are not made, orders to under section 202(c) of the act to require (a) Written notice of applications for show cause are issued and served upon emergency connections of facilities and authorizations to iszue securities or to the permittees or licensees and interested generation, delivery, interchange, or asume liabilities, pursuant to section 204 State agencies and published in the FED- transmission of electric energy may be of the act Is given to the Governor and ERAL REGISTER. After notice, hearings may exercised upon its own motion or upon the State commission of each State af- be held and the matter referred to the complaint, with or without notice, hear- fected and published in the Frzs.L Rzrs- Attorney General for institution of court ing or report. Staff studies and recom- zsnn. Such applications are referred to proceedings pursuant to sections 13 and mendations are made by the PWR and the OAF, the PWR. and the OGC for 26 of the act. the OGC. If the parties fall to agree studies and recommendations. After no- § 3.120 Other matters. upon the terms or any arrangements tica, a hearing may be held. between them in carrying out a Com- (b) Proceedings for supplemental Information concerning any function, mission order in such a proceeding, orders under section 204(b) of the act form, or procedure of the Commission either party may file an application or may be initiated by application or by under Part I of the act, not described the Commission may by order served Commission order served on the parties in §§ 3.111 to 3.119 inclusive, may be upon the parties and interested State and interested State agencies and pub- secured by written request to the agencies and published in the FDonrAL ished In the F omm RMrs=. Staff Secretary. REGISTER, initiate a proceeding to pre- studies and recommendations are made FUNCTIONs UTDER PARTS II AND IIM OF TME scribe terms pursuant to the last cen- by the OAF, PWR, and the OGC. After FEDERAL POWER ACT tence of section 202(c) of the act. A notice, a hearing may be held. § 3.131 Determination hearing is held after notice. § 3.136 rateschedules. of jurisdictional (d) Applications for approval of per- status. manent connections of facilities for Rate schedules and changes therein In the course of the administration emergency use only, under the last pro- filed under section 205 of the act, and and enforcement of the requirements of vision of section 202(d) of the act, are any accompanying requests for waiver of Parts IT and 111 of the act, persons own- referred to the PWR and the OC for the 30- to 90-day prior notice provision ing or operating electric power facilities studies and recommendations. A hearing are referred to the PWR for study and may initially be classified as to jurisdic- may be held after notice. recommendation, with the participation tional status under the terms of section of the OGC on the legal aspects thereof. 201 of the act. These classifications, § 3.133 Exportation of electric energy. Any complaint under section 205(e) of which are tentative and not binding on (a) Applications for authorization to the act and any answer thereto, are simi- the persons or the Commission, are made transmit electric energy from the United larly referred. Upon such complaint or on the basis of data reported to the States to a foreign country pursuant to upon its own motion the Commission Commission by such persons, supple- section 202(e) of the act and for Presi- may suspend the operation of rate sched- mented when necessary by staff investi- dential Permits under Executive Order ules proposing changes in existing sched- gation of the facilities and their opera- 10485 (3 CFR, 1949-53 Comp., p. 970), uIes, after notice and a statement of tions. The technical phases of such work are studied, and recommendations are reasons therefor. Staff studies and rec- are performed by the Bureau of Power. made by the PWR and the OGC. After ommendations are made by the PWR In all instances, the OGC participates notice, a hearing may be held. Such au- and the OGC. After notice, a hearing may in the legal aspects of the work. If any thorizations are issued simultaneously be held pursuant to sections 205(e) and person involved disagrees with the classi- with the requisite Presidential Permits. 308 of the Act. fication and refuses to comply with the (b) Proceedings for supplemental or- § 3.137 Fixing rates and charges. requirements of the act in accordance ders under the last provision of section therewith, a formal proceeding may be 202(e) of the act may be initiated by Proceedings to determine just and initiated to resolve the questions pre- application or by Commission order reaonable rates, charges, etc., under se- sented. The proceeding is initiated by served on the parties and Interested tion 206(a) of the act are initiated by Commission order served upon such per- state agencies and published in the complaint or by Commission order son and interested State agencies and FEDERAL REGISTER. Staff studies and served on the parties and interested published in the FEDERAL REGISTER. After recommendations are made by the PWR State agencies and published in the Fin- notice, a hearing is held. and the OGC. After notice, a hearing Imn.RrcisTn. Staff studies and recom- § 3.132 Interconnection and coordina- may be held. mendations in such proceedings are tion of facilities. made by the OAF, OEC, PWR, and OCC. § 3.134 Disposition of properly, con"sl. After notice, a hearing is held. (a) To enhance the reliability of bulk idation, purchase of securities. power supply, to strengthen § 3.133 Ascertainment of cost and de- existing (a) Written notice of applications for preciation. mechanisms and to establish new ones approval of disposition of property, con- for coordination in the electric power solidation of facilities, or purchase by Investigations to ascertain the actual industry, and to encourage comprehen- public utilities of securities of another legitimate cost of public utility proper- sive development of power resources of public utility pursuant to section 203 of ties and depreciation therein pursuant to each area and region of the United the act is given to the Governor and section 208(a) of the act, are made by States, national and regional investiga- state commission of each state affected the OAF, with the participation of the tions and power surveys are conducted and published in the FEDERAL REaGsT R. OGC on the legal aspects thereof. Such pursuant to section 202(a) and reports The applications are referred to the thereon published and supplied to inter- Investigations are usually made in con- OAF, PVWR, and the O-C ested parties. These functions are per- for studies nection with rate proceedings under sc- formed by the PWR in cooperation with and recommendations. After notice, a tions 205 and 206, or accounting pro- all segments of the electric power hearing may be held. ceedings under section 301 of the act, industry. (b) Proceedings for supplemental and frequently involve field studies of (b) Applications for orders directing orders under the last provision of section utility records and properties. the establishment of physical connection After no- 203 (b) of the at may be initiated by ap- tice, a hearing may be held.

FEDERAL REGISTER, VOL 32, NO. 131-SATURDAY, JULY 8, 1967 No. 131-Pt. I---4 10068 RULES AND REGULATIONS

§ 3.139 Interlocking positions. (13) Report of securities Issued (38) Form No. 12-E, monthly load ( 131.43 of this chapter). statement (1 141.56 of this chapter). The requirements for applications for (14) Certificate of notification ( 131.- (39) Form No. 12-F, power line and authority to hold interlocking posi- 50 of this chapter). generating plant data ( 141.57 of this tions pursuant to section 305(b) of the (15) Notice of succession of ownership chapter). act, are stated in Part 45 of this chapter. (40) General requirements for annual are referred to the or operation ( 131.51 of this chapter). Such applications of concurrence ( 131.- reports to stockholders and others and the OGC for studies and recom- (16) Certificate OAF 52 of this chapter). (Q 141.100 of this chapter). mendations. After notice, a hearing may (Q 131.53 (41) Report on bulk electric power be held. Authorizations under this sec- (17) Notice of cancellation of this chapter). ,supply interruptions (§ 141.58 of this tion of the act are subject to revocation of application (Q 131.- chapter). for hearing. (18) Verification after notice and opportunity 60 of this chapter). (b) The approved forms listed in para- § 3.140 Investigations relating to elec- (19) Form of application by state and graph (a) (1) to (19), inclusive, and tric energy, etc. municipal licensees for exemption from paragraph (a) (41) of this section, are copies Investigations for the purpose of payment of annual charges ( 131.70 of published in the cited regulations, this chapter). of which may be obtained from the Sec- recommending legislation relating to retary or the OPI upon request. Copies electric energy and other matters re- (20) Form No. 1, annual report public utilities and licensees, Classes A and B of statements and reports listed in para- ferred to in section 311 of the act are graph (a) (20) to (39), inclusive, of this conducted in the manner described in (§ 141.1 of this chapter). (21) Form No. 1-F, annual report for section, may be obtained from the OPI 1 3.105. Unlike the investigations there of the Commission. described, however, the Commission in public utilities and licensees, Classes C conducting an investigation pursuant to and D (privately-owned) (Q 141.2 of this § 3.143 Other nlatters. section 311 of the act may require the chapter). Information concerning any function, submission of information by persons (22) Form No. 1-M, annual report for utilities having annual form, or procedure of the Commission and entities not otherwise subject to its municipal electric under Parts II and MIof the act, not de- regulatory jurisdiction. The results of electric operating revenues of $250,000 or scribed in IJ 3.131 to 3.142, inclusive, may such Investigations may be published by more (Q141.7 of this chapter). statement be secured upon written request to the the Commission pursuant to section 312 (23) Form No. 6, initial cost Secretary, of the act. Lists of titles and prices of for licensed projects (Q 141.11 of this such publications may be secured from chapter). FIMcrMONS UNDER THE NATURAL GOs Acr the Office of Public Information. (24) Form No. 7, statement of actual § 3.161 Determination of jurisdktlional legitimate original cost of construction Atatu. § 3.141 Forfeitures. (§ 141.12 of this chapter). On the basis of staff studies and (25) Form No. 9, annual report form In the course of the administration recommendations, proceedings to fix the for licensees of privately owned major and enforcement of the requirements of amount of forfeitures under section 315 projects (utility and industrial) (§ 141.- the Natural Gas Act, persons engaged in (a) of the act are initiated by Commis- 13 of this chapter). the transportation or sale of natural gas sion order served on the parties and in- (26) Form No. 80, report of recrea- may initially be classified as to Jurisdic- terested state agencies and published in tion facilities (§ 8.11 and 141.14 of this tional status under the terms of section 1 the FEDERAL REGISTER. A hearing may chapter). of the act. These classifications, which be held. (27) Form No. 3, typical net monthly are tentative and not binding on the bills ( 141.21 of this chapter). persons or the Commission, are made on § 3.142 Approved forms, etc. (28) Form No. 4, monthly report of the basis of available information, In- cluding data reported to the Commission (a) The following is a list of approved generation of electric energy consump- tion and stocks of fuel (multiple plant by such persons, supplemented when forms, statements, and reports under the by staff Investigation. The Federal Power Act, descriptions of which utilities) ( 141.22 of this chapter). necessary (29) Form No. 4-A, monthly report of technical phases of such work are per- have been published in the indicated the legal phases sections of Parts 131 and 141 of this generation of electric energy consump- formed by the BNG and tion and stocks of fuel (multiple plant by the OC. If any person Involved dis- chapter. with the classification and refuses (1) Certificate of service ( 131.1 of utilities) ( 141.23 of this chapter). agrees report of to comply with the requirements of the this chapter). (30) Form No. 4-B, monthly in accordance therewith, a formal (2) Application for license for major industrial generation of electric energy act (§ 141.25 of this chapter). proceeding may be initiated to resolve project or minor part thereof (Q 131.2 of the questions presented. The proceeding this chapter). (31) Form No. 5, monthly statement of electric operation revenue and income is initiated by Commission order served (3) Certificate of organization ( 131.3 upon such person and interested State of this chapter). (§ 141.24 of this chapter). (32) Form No. 13, summary for na- agencies, and published In the Ir-nAL (4) Certificate of exhibits ( 131.4 of REGISTER. After notice, a hearing is held, this chapter). tional electric rate book ( 141.26 of this chapter). The requirements for applications for (5) Application for license for pri- exemptions pursuant to section 1(c) of mary transmission lines only ( 131.5 of (33) Form No. 12, power system state- ments for Class I and II systems, and for the act (the Hinshaw Amendment) are this chapter). set out in Part 152 of this chapta' (6) Application for license for minor Class IV and V systems where requested project having installed capacity of 2,000 (§ 141.51 of this chapter). § 3.162 Export or import of natural gaii. horsepower or less ( 131.6 of this (34) Form No. 12-A, power system chapter). statement for Class III, IV and V systems Applications for authorization to ex- (7) Application for preliminary per- (§ 141.52 of this chapter). port or import natural gas from or to mit ( 131.10 of this chapter). (35) Form No. 12-B, industrial elec- the United States, pursuant to section 3 (8) Application for approval of trans- tric generating capacity (detailed infor- of the act, for Presidential Permits under fer of license ( 131.20 of this chapter). mation) ( 141.53 of this chapter). Executive Order 10485, described in (9) Application for amendment of li- (36) Form No. 12-C, industrial electric § 3.191, and for certificates of public cense (§ 131.30 of this chapter). generating capacity (limited informa- convenience and necessity pursuant to (10) Balance sheet ( 131.40 of this tion) (Q 141.54 of this chapter). section 7 necessary in connection there- chapter). (37) Form No. 12-D, power system with, described in § 3.168 are studied and (11) Classifications of utility plant statement for Class 331 systems having recommendations are made by the BNG, and reserves applicable to utility plant annual energy requirements of less than the OAF and the OGC. Notice is given (§ 131.41 of this chapter). 5 million KWH, and Class IV and V sys- to each State commission and gas com- (12) Comparative income statement tems when requested (§ 141.55 of this pany affected and published In the FED- (1 131.42 of this chapter). chapter). XRAL REGISTER. A hearing may be held.

FEDERAL REGISTER, VOL. 32, NO. 131-SATURDAY, JULY 8, 1967 - RULES AND REGULATIONS 10069

See also Part 159 of this chapter with § 3.167 Abandonment. (12) Form No. 2, annual report for respect to certain filing fees. Such au- Applications for approval of abandon- natural gas companies (Class A and thorizations are issued simultaneously ment of facilities or service pursuant to Class B) (Q260.1 of this chapter). with the requisite Presidential Permits. section 7(b) of the act are referred to the (13) Form No. 2-A, annual report for natural gas § 3.163 Rate schedules. BNG, OAF and OGC for studies and rec- companies (CLss C and Cla.- D) (§ 260.2 of this chapter). -Rateschedules, ommendations. Notices thereof are served and tariffs and changes upon the parties and Interested State (14) Form No. 11, natural gas pipe- therein filed under section 4 of the act agencies and published in the Frnm-mL line company monthly statement and any accompanying requests for REGISTER. After notice, a hearing Is held. (§ 260.3 of this chapter). waiver of the 30- to 90-day prior notice (15) Form No. 301-A, statement of provision, are referred to the BNG and § 3.168 Certificates. sales and revenues of independent pro- OAF for study and recommendation, Applications for certmlcates of public ducers (§ 260.5 of this chapter). with the participation of the OGC on the convenience and nees=lty authorizing (16) Form No. 301-B, statement of legal aspects thereof. Any complaints un- the construction, extension, acquisition. sales and revenues of independent pro- der section 4(e) of the act and any an- or operation of facilities or the sale of ducers (s 260.6 of this chapter). swers thereto, are similarly referred. natural gas under sections 7(c) and 7(e) (17) Form No. 15 and 15-A, annual Upon such complaint or upon its own of the act are referred to the BNG, OAF report of gas supply and deliverability motion, the Commission may suspend the and OGC for studies and recommenda- for certain natural gas companiez operations of rate schedules or tariff tions, with the participation of OEC. (Q§ 260.7, 260.7a of this chapter). provisions proposing changes, after no- After notice, a hearing is held. Part 157 (18) System flow diagrams (Q 260.8 of tice and- a statement of reasons there- of this chapter applies. Notice of the this chapter). for. Staff studies and recommendations application is given to the parties and (19) General requirements for annual are made by the BNG, OEC, OAF, and interested State agencies, and published reports to stock:holders and others OGC. After notice, a hearing may be held in the FEDEML RExsisn. See Part 159 of (0 260.100 of this chapter). pursuant to sections 4(e) and 15 of the this chapter relative to filing fees. (b) The approved forms listed in par- act. agraph (a) (1) to (11), Inclusive, and 18, § 3.169 State compacts. § 3.164 Fixing rates and charges. of this section, are published in the re;- The information required under sec- ulations, copies of which regulations may Proceedings to determine just and rea- tion 11 of the act concerning matters be obtained from the Secretary or OPI sonable rates, charges, etc., under sec- covered in any proposed State compact upon written request. Copies of state- tion 5 (a) of the act may be initiated by on natural gas is assembled and main- ments and reports listed in paragraph Commission order upon its own motion tained by the BNG. Inquiries concerning (a) (12) to (19), inclusive, of this sc- or upon complaint served on the parties such information may be made to the tion, may be obtained from the OPI of and interested State agencies and pub- Secretary. the Commslsion. lished in the FED-A REGISTEP. Staff studies and recommendations in such § 3.170 Approved forms, etc. § 3.171 Ofhermatters. proceedings are made by the BNG, OEC, (a) The following is a list of approved Information concerning any function, OAF, and OGC. After notice, a hearing forms, statements, and reports under the form, or procedure of the Commission may be held. Natural Gas Act, descriptions of which under the Natural Gas Act, not described have been published in Subchapter § 3.165 Ascertainment of cost and de- G, in §§ 3.101 to 3.170, inclusive, may be preciation. Parts 250 and 260 of this chapter. secured upon written request to the (1) Certificate of service (0 250.1 of Secretary. Investigations to ascertain the actual this chapter). legitimate cost of the properties of nat- (2) Form of proposed cancellation of Futcmmozs Urw.z OT= AuTzozrrAo.,;s ural gas companies and depreciation tariff or part thereof (§ 250.2 of this § 3.181 Executive Order 10485. therein, pursuant to section 6(a) of the chapter). (a) Applications for construction, act, are made by the OAF, with the par- (3) Form of proposed cancellation or op- ticipation of the OGC on the legal as- eration, maintenance, or connection of termination of contract or part thereof facilities for the transmission of electria pects thereof. Such investigations are (§ 250.3 of this chapter). usually made in connection with rate eneras bEtwcen the United States and (4) Form of certificate of adoption foreign countries, under Executive proceedings under sections 4 and 5, or (§ 250.4 of this chapter). Order accounting proceedings under section 8, 10485 (3 CFR 1949-53 Comp., p. 970), ar (5) Form of contract summary to be referred to the PWR and to the OGC for of the act and frequently involve field filed by all applicants for certificates of studies of records and investigation of studies and recommendations. The Com- public convenience, including succeZsors mlsion there.fter acts the properties of natural gas companies. in interest (§ 250.5 of this chapter). upon the basis After notice, a hearing may be held. of the application, staff studies, recom- (6) Form of application to be filed by mendations of the Secretaries of State, § 3.166 Extension of facilities. distributor under section 7(a) seekdng Defen , nd Treasury and other perti- gas service of not more than 2,000 Mcf nent data. If granted, the permit is Action to require the extension or im- per day (3d year of operation) for a provement of transportation facilities, imned by the Chairman. single community (§ 250.6 of this chap- (b) Applications for construction, op- the establishment of physical connection ter). between facilities, and the sale of natural eration. matntenance, or connection of (7) Form of contract summary for facilities for the exportation and Impor- gas under section 7(a) of the act, may be abandonment applications (§ 250.7 of initiated by application or by the Com- tation of natural gas from or into the this chapter). United State, are referred to the BNG mission upon its own motion. An appli- (8) Summary to accompany rate and to the OGC for studies and recom- cation seeking a Commission order di- schedule filed by an ass!gnee as succe- mendations. Thereafter they are prec- recting such attachment and sale may sor in interest (§ 250.8 of this chapter). eczed in the manner described in para- be filed in accordance with (9) Form of notice of proposed can- graph (a) of this section. for applica- the provisions cellation or termination of independent of Part 156 of this chapter. Notice is given tions for the exportation of electrie producer rate schedule or part thereof, energy. to each company affected and interested where no new schedule is to be filed in State agencies, and published in the FED- its place (§ 250.9 of this chapter). § 3.182 Flood Control and RLiver and ERAL Rosra. Staff studies and recom- (10) Application for small producer HarborAcms mendations are made by the BNG, OAF, certificate of public convenience and Beginning with the Flood Control Act necessity (§ 250.10 of this chapter). OEC, and OGC. After notice, a hearing of 1938 (33 U.S.C. 701j) and the Flood (11) Annual statement for independ- Control and River and Harbor Acts of may be held. See Part 159 of this chapter ent producers holding small producer sub-equent years, the Commission stud- relative to certain filing fee. certificates (§ 250.11 of this chapter). ies plans for proposed water resources

FEDERAL REGISTER, VOL 32, NO. 131-SATURDAY, JULY 0, 1967 10070 RULES AND REGULATIONS projects to be constructed by the Depart- by adding a new Part 308 to read as tions, or other activities of the Govern- of the Army, the Department of follows: ment or because of Informational value ment therein. Extra copies the Interior, or other Federal agencies, Sec. of data contained and makes recommendations concern- 308.1 Purpose of regulations. of documents preserved only for con- lug the installation of penstocks and 308.2 Definitions. venience of reference are not records. similar facilities for the development of 308.3 Records made available. The term "records" refers only to records hydroelectric power. 308.4 Records exempt from disclosure. in being and in the possession or under 308.5 Fees for service. the control of a Bureau office covered § 3.183 Federal multipurpose projects. 308.6 Appeal. by these regulations. It does not include The Bonneville Project Act (16 U.S.C. 308.7 Records not to be otherwise with- the compiling or procuring of a record drawn or disclosed. already in existence. Nor does it in- 832), Fort Peck Act (52 Stat. 403), the 308.8 Testimony or the production of not Flood Control Act of 1944 (16 U.S.C. records In a court or other pro- clude objects or articles such as struc- 825s), provide that the Commission re- ceeding. tures, vehicles, equipment, etc. view and, If satisfactory, confirm and 308.9 Regulations not applicable to official (f) The term "Identifiable" means a approve rates proposed for the sale of requests. reasonably specific description of the electric energy generated At the proj- AuTOHvo : The provisions in this Part 308 particular record sought which will en- ects constructed pursuant to these and are issued under 5 U.S.C. 301 and 5 U.S.C. able a Bureau employee to locate the other acts. It also allocates the costs of 552. requested record. The burden of iden- tification rests with the person seeking certain of these projects and participates of regulations. in the allocation of the costs of others. § 308.1 Purpose the record. These regulations are issued to imple- (g) The term "available" means pro- § 3.184 Water Resources Planning Act. ment the public information provisions vided for inspection, copying, and pur. The Commission participates, through of Public Law 89-487, codified by Public chase of copies. its Chairman, as A permanent member Law 90-23 as 5 U.S.C. 552. The publica- § 308.3 Records made available. of the Water Resources Council, in the tion requirements of 5 U.S.C. 552(a) (1) administration of the Water Resources are met through the publication in the (a) Records covered. Within the mean- Planning Act (42 U.S.C. 1962), including FEDERAL REGISTER of statements of the ing of the foregoing definitions, the fol- the review of comprehensive river basin Bureau's organization, functions, and lowing records of the Bureau of Narcotics plans for water and related land re- p r o c e d u r e s available, and revisions covered by these regulations, unless de- sources development. thereof, and through the continuing termined to be exempt from disclosure publication therein of substantive and under the provisions of 5 U.S.C. 552 and § 3.185 Outer Continental Shelf Lands will be made available, Act. procedural regulations of the Bureau. A these regulations, current synopsis of the statements of upon request, in accordance with the Section 5 of this Act (43 U.S.C. 1334) the Bureau's organization, functions and procedures provided in these regulations: provides for the grant of rights-of-way procedures available will be published (1) Opinions and orders, (2) statements across submerged lands for pipelines for annually by the Office of the Federal of policy and interpretations, (3) admin- the transportation of natural gas, oil, Register in the U.S. Government Orga- Istrative staff manuals and instructions sulphur or other mineral. Such grants nizational Manual. to staff, and (4) identifiable records. are upon condition that the gas pipelines (b) Determinationof availability. The shall transport gas produced in the vicin- § 308.2 Definitions. determination of which records are avail- ity of the line in such proportionate As used in this part the following defi- able under this section will be made by amounts as the Federal Power Commis- nitions shall apply: the Commissioner of Narcotics, or his sion shall determine after full hearing. (a) An "opinion" is a statement of delegate, subject to the appeal provided § 3.186 Information relative to iniscel. reasons accompanying an "order". in § 308.6. If a record Is of concern to laneous functions. (b) An "order" is a final disposition another agency whose Interest in the having precedential significance of an record Is paramount, the request shall be Pertinent excerpts from the statutes adjudicative proceeding. referred to that other agency for deter- referred to in H§ 3.181 through 3.185 are (c) "Statements of policy and inter- mination, and the person requesting the set out in the appendices to the pamphlet pretations" are statements and interpre- record shall be advised of the referral. editions of the Federal Power Act and tations of limited rather than general (c) Means o1 access. (1) The matters the Natural Gas Act, copies of which applicability adopted by the Bureau of covered by paragraph (a) (1), (2), and may be obtained from the Office of Public Narcotics upon which the Bureau may (3) of this section, which are issued, Information. Additional Information rely as governing policy or precedents. adopted, or promulgated on or after with respect to these'functions may be They do not include advisory interpre- July 4, 1967, will be made available dur- obtained from the Secretary. tations on a specific set of facts ad- ing office hours in the public reading room (B) These amendments to the Com- dressed to a particular person which are of the Bureau of Narcotics, 633 Indiana mission's rules shall be effective upon the not relied on, used or cited as precedent Avenue NW., Washington, D.C. 20226, or Issuance of this order. in the disposition of other cases. in such other reading room as the Com- (C) The Secretary shall cause prompt (d) "Administrative staff manuals missioner of Narcotics, or his delegate, publication of this order to be made in and instructions to staff" are internal may designate. To the extent feasible, the FEDERAL, REGISTER. instructions that affect a member of such matters issued, adopted, or promul- gated prior to July 4, 1967, are also By the Commission. the public, but they do not include in- structions which set forth criteria or shelved and indexed and are available In [SEAL] GoRDoN M. GRANT, guidelines for the staff in auditing, or the designated public reading room. If Secretary. inspection procedures, or in the selec- not so shelved and indexed, they may be [P.R. Doc. 67-7858; Filed, July 7, 1967; tion or handling of cases, such as opera- requested as identifiable records and 8:45 a.m.) tional tactics, allowable tolerances or shall be subject to the same fees as for criteria for defense, prosecution, or Identifiable records, settlement of cases. (2) Identifiable records covered by (e) The term "records" includes all paragraph (a) (4) of this section will be Title 21-FOOD AND DRUGS books, papers, maps, photographs, or made available upon request in writing Chapter If-Bureau of Narcotics, other documentary materials, regardless to the Deputy Commissioner of Narcotics of any of the Department of the Treasury of physical form or characteristics, made or to any district supervisor or received by the Bureau of Narcotics Bureau's district offices in the United [T.D. 801 in pursuance of Federal law or in con- States. A person appearing In the public nection with the transaction of public reading room to request an identifiable PART 308-PUBLIC ACCESS TO business, and preserved or appropriate record may complete a written request, INFORMATION for preservation by the Bureau as evi- which will be delivered to the Deputy dence of the organization, functions, Commissioner of Narcotics, or his dele- Chapter II of Title 21 of the Code of to obtain a Federal Regulations is hereby amended policies, decisions, procedures, opera- gate. Time will be required FEDERAL REGISTER, VOL 32, NO. 131-SATURDAY, JULY 8, 1967 RULES AND REGULATIONS 10071 record not at hand. The person request- defense or foreign policy, including spe- (7) Investigatory files compiled for Ing a record will be informed as prompt- cifically Executive Order 10501, as Law enforcement purposes except to the ly as possible of the time required to ob- amended; extent available by law to a party other tain it and the approximate cost of mak- (2) Matters related solely to the Inter- than an agency. This exemption protects ing the record available. The person nal personnel rules and practices of the from discelosure, except to litigants in requesting the record will be required to Bureau of Narcotics, including instruc- accordance with law, Investigmtory files make arrangements for payment of the tions, manuals and other records, or parts compiled to enforce all kinds of laws and estimated cost prior to the search for thereof, which set forth operating rules, Is not limited to files compiled to enforce the record. guidelines, procedures, or other criteria criminal statutes. This exemption shall (3) Since reading rooms are not pro- for Bureau employees in audits, examina- not prevent a Bureau employee from vided at the field service level, requests tions, inspections, investigations, and furnishing Information, either oral or at that level for matters covered under negotiations, or in the selection or han- written, to a bank or other lending in- paragraph (a) (1), (2), (3), and (4) dling of cases, such as operational tac- stitutlon seeking to comply with the of this section, must be made in writing tics, allowable tolerances or criteria for policy of the Treasury Department in 31 to the district supervisor of the appro- defense, prosecution, or settlement of CFR 15.1 with respect to the remission priate district office of the Bureau of cases; or mitigation or forfeiture of a vehicle, Narcotics. To the extent possible, the vezel, or aircraft. (3) Matters specifically exempted A may be clasified supervisor will provide the material and from disclosure by statute; see, for ex- (b) record which a reading area. If the district super- ample, 18 U.S.C. 1905 and 26 U.S.C. as exempt pursuant to p3ragraph (a) visor does not have the material or is of this section neverthele--s may be made 7237 (e) ; available, in whole or in part, if it is otherwise unable to comply with the re- (4) Trade secrets and commercial or quest, the request will be transmitted to determined in a particular cas that financial information obtained from a there is no need to rely on the exemption. Bureau headquarters, the material or person and privileged or confidential. copies thereof will be sent to the district This exemption restricts the disclosure § 300.5 Fees for service. office, and will be made available In a of records which would not customarily reading area provided by the Fees for service performed by the district be made public by the person from whom Bureau of Narcotics shall be the same supervisor. it was obtained by the Bureau. It in- (d) Provision as the fees imposed by the Office of the of copies. Copies of rec- cludes, but is not limited to, business Secretary of the Treasury in Part 1 of ords made available in the public read- sales statistics, inventories, customer Title 31 of the Code of Federal Regula- ing room under paragraph (c) of this lists, scientific or manufacturing proc- tions. No fee shall bepaid by a bank or section will be made through photocopy esses or developments; Information cus- other lending institution seeking to on payment of the fees therefor set forth tomarily subject to protection as privi- comply with the policy of the Treasury in § 308.5. Copies made available by mail leged in a court or other proceeding, such Department in 31 CFR 15.1 with respect in response to written request therefor, as information protected by the doctor- to the remission or mitigation or for- or to a requester appearing personally, patient, lawyer-client, or lender-bor- feiture of vehicles, vessels, and aircraft.. will be subject to the same charge. rower privilege; information submitted (e) Deletion of identifying details. by any person to the Bureau in confi- § 303.6 Appeal. Before any records are made available dence or where the Bureau has obligated (a) Any person denied access to rec- under paragraph (a) (1), (2), and (3) itself not to disclose information It ords requested under § 303.3 may, within of this section any identifying details the received; formulae, deigns, drawings, 30 days after notification of such denial, disclosure of which would be a clearly research data, and other records devel- file an appeal to the Commissioner of unwarranted invasion of personal pri- oped by or for the Government which Narcotics. Such an appeal shall be in vacy will be deleted by the appropriate are significant as Items of valuable writing addr--s ed to the Commissioner official and justification therefor will be property; of Narcotics, 633 Indiana Avenue NW., made in writing. (5) Interagency or intra-agency mem- Washington, D.C. 20226. The appeal (f) Deletion of matters exempt. To orandums or letters which would not be shall provide the name and address of the extent that the Commissioner of available by law to a private party in the appellant, the Identification of the Narcotics, or his delegate, may find it litigation with the Bureau of Narcotics record denied, and the dates of the orig- feasible and consistent with the pur- or the Treasury Department, such as, Inal request and Its denial. poses of 5 U.S.C. 552, records that would internal drafts, memoranda between (b) The appeal will be promptly con- be made available under paragraph (a) officials or agencies, opinions, and inter- sidered. The granting or denial of the (1), (2), (3), or (4) of this section, if pretations prepared by Government em- request upon appeal shall constitute not for the application of § 308.4, never- ployees for the use of the Bureau and final agency action. theless may be made available after de- records of the deliberations of the letion of those matters outlined in §308.7 Records not to be otherwi-e Bureau or staff groups, which would not withdrawn or disclosed. § 308.4 that the Commissioner of Nar- routinely be disclosed to a private party cotics, or his delegate, determines need through the discovery process In litiga- E:cept in accordance with this chap- be held exempt. tion with the Bureau or the Department. ter, or as otherwise authorized, Bureau (g) Indexes. Indexes will be periodi- This exemption is also designed to pro- of Narcotics officers and employees are cally prepared and made available in the tect from premature disclosure Govern- prohibited from maldng available to any public reading room with respect to the ment plans, such as those undergoing person, not an officer or employee of the records having precedential significance development and those final plans which Treasury Department, and are prohibited to be made available under paragraph cannot be made available in advance of from withdrawing from the files, pos- (a) (1), (2), and (3) of this section, their effectuation without harm to the session or control of the Bureau, records relating to matters which are issued, authorized and appropriate purpose for or duplicates thereof. adopted or promulgated on or after which they are being used; § 308.0 Testimony or the production of July 4, 1967. (6) Personnel and medical files and rccords in a court or other proceed- ing. § 308.4 Records exempt from disclosure. similar files the disclosure of which would constitute a clearly unwarranted inva- (a) Bureau of Narcotics officers and (a) As determined by the Commis- sion of personal privacy. In addition to employees are prohibited from testifying sioner of Narcotics, or his delegate, sub- exempting all personnel and medical files, or otherwise furnishing information ob- ject to the appeal provided in § 308.6, the this exemption protects all private or tained as a result of their official capaci- following classes of records covered by personal information contained In other ties or in connection with the transaction these regulations are exempt from dis- files, which, if disclosed to the public, of public business, In compliance with a closure: subpoena or other order or demand of (1) Matters that are specifically re- would amount to a clearly unwarranted any court or other authority without the quired by Executive order to be kept invasion of the privacy of any person, prior approval of the Commissioner of secret in the - interest of the national including a Government employee; Narcotics, or his deleate.

FEDERAL REGISTER, VOL 32, NO. 131-SATURDAY, JULY 8, 1967 10072 RULES AND REGULATIONS

(b) Bureau of Narcotics officers and REGIsTER on February 3, 1967 (32 F.R. glazing materials for use in passenger employees are prohibited from furnish- 2418). cars, multipurpose passenger vehicles, ing any record in compliance with sub- Interested persons have been afforded motorcycles, trucks, and buses. poenas duces tecum or other order or an opportunity to participate in the Paragraph $3.2 requires that exposed demand of any court or other authority making of the amendment. Two com- edges of glazing materials be treated in without the prior approval of the Com- ments suggested increasing the average accordance with Society of Automotive missioner of Narcotics, or his delegate. emergency brake deceleration rate from Engineers Recommended Practice J673, (c) In court cases in which the United 6 fps2 to 8 fps2 . Another comment sug- "Automotive Glazing," June 1960. SAE States, the Treasury Department or the gested adopting the 8.5 fps' deceleration J673 specifies that exposed edge radii be Bureau of Narcotics is not a party, where rate of the proposed standards of the not less than 0.187 inch nor grcater than the giving of testimony is desired, an af- Economic Commission for Europe. Since 0.250 inch. fidavit by the litigant or his attorney, these suggestions are beyond the scope The National Highway Safety Burevat setting forth the information with re- of the notice of proposed rule making, has determined that the minimum edi,, spect to which the testimony of a Bureau they were not considered for this amend- radius specified in SAE J673, while suit- officer or employee is desired, must be ment. A higher deceleration rate was not able for glazing of 0.250 inch nominal submitted before permission to testify proposed in the notice, because the Na- thickness, does not provide the same level will be granted. Permission to testify tional Traffic Safety Agency determined of safety for glazing of less than 0.24,0 will, in all cases, be limited to the in- that a rate greater than that proposed inch nominal thickness. Therefoie, formation set forth in the affidavit or would not be reasonable nor practicable Standard No. 205 Is being amended to to such portions thereof as may be for 1968 cars. One comment requested a require that exposed edge radii be nt, deemed proper. change in the pedal pressure require- less than one half the nominal thickiem, (d) Where approval to testify or to ment of SAE J843a as applied to the of the glazing material. furnish records in compliance with a emergency braking system. Since the re- Since this amendment rellevc a r,,- subpoena, order, or demand is not given quirements and test procedures of SAE striction and imposes no additional bur- the person to whom it is directed will, if J843a (except for vehicle loading) do den on any person, notice and public possible, appear in court or before the not apply to the emergency braking sys- procedure hereon are unnecessary. other authority and respectfully state his tem when determining compliance with In consideration of the foregoltwi, inability to comply in full with the sub- paragraph S4.2.1, there is no emergency §255.21 of Part 255--Initial Federal poena, order, or demand, relying for braking system pedal pressure require- Motor Vehicle Safety Standard.q, Motor his action upon this section. ment. Therefore no changes have been Vehicle Safety Standard No. 205 (32 F.I, made in the amendment. 2414), paragraph S3.2, is amended to- § 308.9 Regulations not applicable to read as follows: official requests. In consideration of the foregoing, § 255.21 of Part 255-Initial Federal S3.2 Edges. In vehicles, except school These regulations shall not be appli- Motor Vehicle Safety Standards, Motor buses, exposed edges shall be treated in cable to official requests of other govern- Vehicle Safety Standard No. 105 (32 accordance with Society of Automotive mental agencies or officers thereof acting P.R. 2410), paragraph S4.2.1, is amended Engineers Recommended Practice J673, in their official capacities, unless it ap- to read as follows: "Automotive Glazing," June 1960, except. pears that granting a particular request S4.2.1 Emergency System Perform- that the minimum edge radius dimension would be in violation of law or inimical ance. If failure of a pressure component shall be not less than one half of the to the public interest. Cases of doubt will or insufficient hydraulic fluid in the sys- nominal thickness of the glazing ma- be referred for decision to the Com- tem causes loss of pressure in any part terial. In school buses, exposed ede4 missioner of Narcotics. of the brake system, the remaining por- shall be banded. Effective date. These regulations shall tion of the brake system shall provide This amendment Is made under the be effective as of July 4, 1967. a stop of the vehicle loaded in accord- authority of sections 103 and 119 of the ance with SAE Recommended Practice National Traffic and Motor Vehicle HENRY L. GIORDANO, ISEAL] J843a, June 1966, from a speed of 60 Safety Act of 1966 (15 U.S.C. 1392, 1407) Commissioner of Narcotics. m.p.h., in not more than 646 feet, with- and the delegation of authority of March Approved: June 3, 1967. out pulling or swerving to the extent 31, 1967 (32 F.R. 5606)., as amended April that would cause the vehicle to leave a JAMES POMEROY HENDRICK, 6, 1967 (32 F.R. 6495), and becomes level, 12-foot wide lane on a clean, dry, effective January 1, 1968. Special Assistant to the smooth, Portland cement concrete pave- Secretary (for Enforcement). ment (or other surface with equivalent Issued in Washington, D.C., on June [P.R. Doec. 67-7887; Filed, July 7, 1967; coefficient of surface friction). 30, 1967. 8.48 a.m.l LOWZLL K. BRIDWELL, This amendment is made under the FederalHighway Administrator. authority of sections 103 and 119 of the [P.R. Doc. 67-7888; Filed, July 7, 107; National Traffic and Motor Vehicle 8:47 am.] Safety Act of 1966 (15 U.S.C. 1392, Title 23-HIGHWAYS AND 1407) and the delegation of authority of March 31, 1967 (32 F.R. 5606), as [Docket No. 171 VEHICLES amended April 6, 1967 (32 F.R. 6495), PART 255-INITIAL FEDERAL MOTOR Chapter II-Vehicle and Highway and becomes effective January 1, 1968. VEHICLE SAFETY STANDARDS Safety Issued in Washington, D C., on [Docket No. g] June 30, 1967. Standard No. 210, Seat Belt Assembly Anchorages PART 255-INITIAL FEDERAL MOTOR LOWELL K. BRIDWELL, Highway Administrator. Motor Vehicle Safety Standard No. 210 VEHICLE SAFETY STANDARDS Federal [P.R. Dec. 67-7882; Filed, July 7, 1967; (32 F.R. 2415) specifies requirements for Standard No. 105, Hydraulic Service 8:47 a.m.] seat belt anchorages for passenger cars. Paragraph S4 3.2.1 provides that the Brake, Emergency Brake, and Park- anchorage for the upper end of the upper ing Brake Systems [Docket No. 16] torso restraint shall be to the rear of the the torso line with the seut, A proposal to amend § 255.21 of Part PART 255-INITIAL FEDERAL MOTOR extension of in its rearmost position, and the scat 255-Initial Federal Motor Vehicle Safe- VEHICLE SAFETY STANDARDS ty Standards, Motor Vehicle Safety back in its rearmost driving position. Standard No. 105 (32 F.R. 2410) to in- Standard No. 205, Glazing Materials The National Highway Safety Bureau clude specified emergency system per- has determined that clarification 1s formance of the braking system on pas- Motor Vehicle Safety Standard No. 205 needed with respect to the required posi.- senger cars was published in the FEDERAL (32 F.R. 2414) specifies requirements for tion of the seat and seat back when de-

FEDERAL REGISTER, VOL 32, NO. 131-SATURDAY, JULY 8, 1967 RULES AND REGULATIONS 1073 termining compliance with paragraph § 1030.10 Regulations governing rc- (i) All grantees not eligible for total S4.3.2.1, and that, due to the configura- quirement of increase in non-Federal or partial exemption under paragraph tion of the body structure of certain pas- share. (c) of this section reaching their 33d senger cars, location of the upper an- (a) Purpose. (1) A 1966 amendment month during a program year or grant chorage to the rear of the extended torso period will thus be required to furnish line could result in an unfavorable com- to section 208(a) (42 U.S.C. 2788(a)) of the Economic Opportunity Act increased a non-Federal share of at least 10 par- pound belt angle. Therefore, Standard cent but not more than 20 percent of No. 210 is being amended to require that the basic non-Federal share requirement applicable to community action (CAP) their total program costs during that these anchorages be to the rear of a line program year. Those grantees affected extending 6 inches vertically above the grants under sections 204 and 205(a) (42 U.S.C. 2184, 2785(a)) of Title 1l-A during their current program year, shoulder reference point and (d) then ex- of the Act from 10 to 20 percent, effec- should consult paragraph of this tending rearward at an angle of 80 de- Section. grees above the horizontal, with the seat tive July 1, 1967. However, section 208(a) permits OEO to exercise discretion in (W) For purpozes of computing the in its rearmost driving position and the non-Federal share required under this seat back in its nominal design driving making the transition to the stricter re- quirerhent and in allowing relief from rule, it will be assumed that monthly position. the non-Federal share requirement to program expenditures are made evenly Since this amendment relieves a re- throughout a grant program. The non- striction and provides a clarification and ease the burden on communities where it imposes no additional burden on any real hardship would be felt. Federal share required under the rule (2) This section explains non-Federal therefore depends on the number of pro- person, notice and public procedure gram months which will occur following hereon are unnecessary. share requirements with regard to future grant actions under sections 204 and the 32d anniversary of a grantee's orii- In consideration of the foregoing, 1 nal OEO grant. The resulting percentage § 255.21 of Part 255-Initial Federal 205(a). Paragraph (b) of this zectlon describes general non-Federal share rules Is to be rounded to the nearest whole Motor Vehicle Safety Standards, Motor number, i.e., upward if five-tenths of 1 Vehicle Safety Standard No. 210 (32 F.R. applicable to most communities. The major provision in paragraph (b) of this percent or more, downward If four-tenths 2415), paragraph S4.3.2.1, is amended to of 1 percent or less. The formula for read as follows: section is the adoption of a so-called "32 month rule". In essence, all community computing this Is shown below: S4.3.2.1 With the seat in its rearmost I~on-Fciera = 0 % (basic), . ( 10) driving position, and the seat back in its action agencies (CAA's) and single-pur- nominal design driving position, the pose grantees with the exception of 19G7 anchorage for the upper end of the upper Summer Head Start and Upward Bound A=l umbar of mont - or current pZram torso restraint shall be to the rear of a will have a 32-month operation period year occurring a ter end of 32-month under the 10 percent requirement prior grace p r cd. line extending 6 inches vertically above B=Total number or months in preg-ram the shoulder reference point of the two- to meeting the 20 percent non-Federal year. dimensional manikin described in share requirement as set out in section EZamplC: A community action agency Society of Automotive Engineers Stand- 208 of the Economic Opportunity Act. which receed t 1r-- OCO grant in LMarch ard J826, "Manikins for Use in Defining The rule set forth in paragraph (b) of 1903. rcue ,t O5O , I-stancefor a new Vehicle Seating Accommodation," No- this section is Intended to insure fair component project to run from August 1. vember 1962, and then extending rear- treatment as between grantees which 1907, through March 31, 19C"3. ward at an angle of 80 degrees above have been funded by OEO for a sub- llumboz of months of Grant partilcpation stantial period of time and those initially -3of July 31. 19G7 Ls23. the horizontal. If the angle of the upper A. lumbcr of months torso restraint passing from the shoulder funded in more recent months. (No=: occurring after 32d Paragraph (d) of this section explains (I.e. 1o10.1. 1007, to 1ar. 31, 1063) =5 months. of a seated 95th percentile adult male B. Inclu-cve dates of new grant action (i.e. to the anchorage, or to a structure be- the special steps to be followed by Aug. 1. 207, to Mar. 31, 1963) =8 months. tween grantees which will reach their 33d the shoulder point and the an- lion-Federal-10% =10% + contributlon=lOg 62..5% 6%. (ba.zcc + chorage, is downward from the hori- month of CAP funding during a current zontal, it shall be not more than 40 program year or grant period.) -,hlbit I I attachcd to cerve as a redy degrees. (3) Paragraph (c) of this section ex- gulde to tho non-Federal ohare percent ge This amendment is made under the plains special exemption rules applicable to be approve In all instace when the authority of sections 103 and 119 of the to communities with per capita incomes new grant La on a 12-month bas-, the at- National Traffic and Motor Vehicle below $1,000 per year. These rules are tached table can be ufed to detrmine the Safety Act of 1966 (15 U.S.C. 1392, 1407) intended to provide low.er non-Federal overall non-Federal p=rcentago contributon. The table I- to be used '- follo, : and the delegation of authority of March share requirements for communities and 31, 1967 (32 FR. 5606), as amended April counties which have the most serious 1?ed down Column A until the dzte of Initial 6, 1967 (32 F.R. 6495), and becomes ef- overall poverty. grant from OO. ro.7 fective January 1,1968. (b) Basic non-Federal Ptead across the for that date to the col- share require- un for the ending month of ne: grant Issued in Washington, D.C., on June mcnts.-(1) General rule. (1) Grantees (under D). 30, 1967. that are not eligible for exemption under The number where the latter column Inter- LOWELL M. BRnhWELL, paragraph (c) of this section will be re- cect, the propor row is the non-Federal FederalHighway Administrator. quired to provide a 20 percent non-Fed- percent2ae contributlon. eral share for any portion of their pro- [F.R. Doc. 67-7884; Filed, July 7, 1967; When the new grant perled covers lessz or gram which will be conducted after the more than 12 months, the above fo-muIa 8:47 am.] grantee has been funded by OEO for 32 chould be uced. months. The original groups of CAP grantees funded in November 1964 will (2) Reorganiced grantees and trans- reach their 33d month on July 1, 1907. ferred grants. Where a program has been Title 45-PUBLIC WELFARE Those funded originally in December transferred from a previous grantee to the present one or where the original Chapter X-Office of Economic 1964 will reach their 33d month on Au- gust 1,1967, and so on. grantec has been reorganized or dis- Opportunity solved in favor of the present one, the PART 1030-COMMUNITY ACTION 32 months will be counted from the date 'For information concerning non-Faeeral of the original grant to the original PROGRAMS share requirement- In the project- under grantee. Requirement of Increase in the Community Betterment and E:mploy- (3) Single-purpose agencies. ti) The ment Program under re. 205(d) of the Act non-Federal Non-Federal Share (42 U.S.C. 2785(d)) and the Ilew share of an established sin- Careers gle-purpose grantee in a community Section 1030.10 Program under cc. 205(e) of the Act (42 of Chapter X of Title U.S.C. 2785(e)) administered by the Depart- where there is also a CAA will be deter- 45 of the Code of Federal Regulations Is ment of Labor, ree 29 CER 51.4(c) (1), 32 mined on the basis of the single-purpo-se hereby revised to read as follows: P.R. 6440, 6443 (Apr. 16. 1907). grantee's own history. The same will be

FEDERAL REGISTER, VOL 32, NO. 131-SATURDAY, JULY 8, 1967 10074 RULES AND REGULATIONS true for applicants for independent fund- To determine the total amount of non- 3. Determine the local share percentage ing of new programs. Federal share in dollars that will be required for each county based on the per capita In- (ii) However, the non-Federal share of the CAA, follow the procedure described. come (less than $750; $750-$1,00; over required of an agency which seeks 1. Determine the percentage the popula- $1,000). in- tion of each county is of the total popula- 4. Multiply the dollars apportioned t dependent or direct funding for a pro- tion of the area covered by the CAA. the county by Its local share percentage gram which it previously ran as a dele- 2. Multiply the total dollar amount to be figure. This determines the dllar amnount gate agency of a CAA will be determined requested by the population percentage fig- of local share each county mutt contrlbute, on the basis of the history of the CAA. ure thus obtained for each of the counties. 5. Add the local share dollar amounts for (il) See subparagraphs (5) and (6) of This apportions the total dollars requested each of the counties to obtain the total nIn- this paragraph for rules specially appli- to each county. Federal share that will be required. cable to Summer Head Start programs "'D"-0,009 PortrLTvION; $100,00) (]RAT RF 41T_ rT* and Upward Bound programs. MUflcOrNsr 4 (4) Rule for multicounty CAA's re- Dollar por- 1 L'a ,I sulting from merger. Where two or more Percent of tion of rc- It- a Popula- dr CAA's for different counties (or other County tion total poPU- quest based alo'0 lation on ot-Pula- Cit. gry political jurisdiction) have merged into tlIon a multicounty CAA, the status of each CAA (prior to merger) will be considered in developing the overall rate of the new "R" (Below $7M I per capita) ------0-0 $80. 04 (I "S" (Between $70-$1,000 2per capita) ------60,000 WXeJ 0, Ii $,%I.'! CAA. As a point of practical application, "T" (Over $1,00 per capita and operating for a2 each prior CAA will be considered sepa- months) 2 ...... 90000 30 30, rately and then totaled in arriving at an overall non-Federal cost and rate of the Total local ,hure ...... $8,000 newly formed CAA. However, should any Total Federal share ...... 92, WO of the segments be subject to the relief Total program ..------. 0,00X) granted CAAs in low per capita income I See paragraph (e)of this section for rulc for low-income countes. countries (see paragraph (c) of this sec- 2If County ' T" would not reach its32d monih of operation until 3 nontbq aftertih At rtof ta I, tr..t tion), a further percentage adjustment year, the local share percentage would be only 1711 percent, that i, 10 percent lo,.tl shhaircvuld bie rojull f,'r 11na may be in order. An exception to this first3 months and 20 percent for the last9 montlq. general rule is the adoption of an overall (5) Special rule for Summer Head above $750 but below $1,000 per year 20 percent rate where, at the discretion of Start programs. Commencing with the according to 1960 census data, The ex- the OEO Regional Directors, such an programs funded for summer of 1967, all emption rules are as follows: action would work no hardship on the local agencies which are not eligible for (A) As In the past, grantees serving com- newly formed CAA. relief under paragraph (c) of this sec- munities with per capita Incomes below $750 Zmample 2: tion will be expected to provide a 20 per- per year are expected to provide 10 pecent County °A"--200,000-funded 28 months cent non-Federal share of the costs of of the program cost whenever possible. Ilow. a of June 30, 1967. summer Head Start programs. This will ever, as in the past, such grantees nmy re- County "B"-$400,000-funded 32 months be true even though under preceding quest exemption from that portion of the as of June 30. 1967. required non-Federal share which they are paragraphs of this paragraph (b), the unable to provide. County "C"-$300,000--funded 26 months same grantee may provide a smaller non- as of June 30, 1967. (B) Grantees serving communitles with Federal share for other component pro- per capita Incomes in the $750-$999 range The funding program of the multicounty grams which will be operating at the shall in all cases provide at least 10 percent CAA is from July 1, 1967, to June 30, same time. non-Federal share but may request exemp- 1968. In all counties, the per capita in- (6) Special rule for Upward Bound tion from that portion of the non-eFileral come is over $1,000. Using the attached programs. (I) The round of Project Up- share above 10 percent which they are un. table, the percentage rate is as follows able to provide. for each of the counties. ward Bound grant actions effective April 1, 1967, will all be funded on a 90 per- (iIf) For these purposes, community cent-10 percent basis. This will be true per capita incomes may be based on data Rate Program Non-Federal even when the grantee is a CAA which from the 1960 U.S. amount contribution Census of Population will be required to contribute a 20 per- or any more recent reliable source of per cent local share for its other component capita income data submitted by the ap- Percent County "A"., 17 $200,000 $34,000 programs which are being conducted plicant agency. County "B"____ 20 400,000 80,000 simultaneously. (v) The request for a waiver of the County "C" ... 15 300,000 45,000 (h) Commencing in 1968, all Upward non-Federal share requirements under Total ...... 900,000 109,000=10 Bound grant actions will be funded on paragraph (A) or paragraph (B) above an 80 percent-20 percent basis, without should be in the form of a letter accom- On the basis of the above, an overall regard to the 32-month rule. panying the application for CAP grant rate of 18 percent will be charged the multi- (c) Exemptions from non-Federal and shall state clearly (a) the bash; oil county CAA. Note that any program which share requirements for communities which the commnmity's per capita in- serves all these counties will be required to with per capita incomes below $1,000 per come was determined; (b) the amotint furnish the 18 percent local share. Where the year-M() General rules. (i) The Eco- of non-Federal share which the con- specific amount, by county, is not readily nomic Opportunity Act provides, in sub- munity can provide; and (c that the available, an allocation of the total grant section 208(a) (42 U.S.C. 2788(a)), that applicant has made a reasonable effort should be developed on a judgment basis. the Director of When data is not available to develop a cost OEO may relieve grantees to raise more non-Federal share and htl allocation, the Regional Director will deter- of all or part of the non-Federal share been unsuccessful. OEO may require that mine a non-Federal contribution percentage requirements. Previously, when the basic additional evidence be submitted in sup- based on whatever facts are available. In all non-Federal share required for section port of these representations, cases, at least a 10 percent non-Federal share 204/205 grants was 10 percent, an ex- (2) Rule for multicounty prograniN. shall be required unless the grantee qualifies emption was granted to communities Generally, the waiver of part or all of for total or partial exemption under para- with annual per capita incomes below graph (c) of this section. the non-Federal share will be based oil $750 according to 1960 census data to a showing that the per capita income Example 3: the extent that they were unable to raise "D" is a multicounty CAA which covers of the entire community served by the non-Federal share. This exemption will community action programs is below counties "R," "S," and "T" as shown below. be continued. All of the funds requested are for multi- $750 or $1,000 per year. However, If there county components. None of the components (i) Moreover, with the increase in are one or more counties in a multi- can be associated with any specific county or basic non-Federal share requirements to county area served by a single CAA lav- even any two of the three counties. There- 20 percent, OEO will extend a partial ex- Ing per capita incomes below $750 (or fore the only basis for determining non- emption to an additional group of about $1,000), even though the multicounty Federal share Is population. 500 counties with per capita incomes area, taken as a whole, does not, the

FEDERAL REGISTER, VOL. 32, NO. 131-SATURDAY, JULY 8, 1967 RULES AND REGULATIONS 1075 CAA may request relief from Its overall granted under this paragraph will apply (Iv) Failure to take prompt action to non-Federal share requirement for com- only to the particular component pro- provide the required Increase in non- ponent projects designed to serve only grams serving Indians or migrants, and Federal share and to achieve a corres- the poorest counties. Note that this rule shall not operate to reduce the non- ponding reduction in Federal funds may is not intended to either encourage or Federal share requirements applicable necezsitate remedial action by OEO. discourage the development or continu- to other component programs operated Such action may include suspension or ance of components to serve only one by the same CAA. termination of the grant, and legal ac- county in a multicounty CAA. (d) Instructions to grantees reaching tion to recover non-Federal share deft- Example 4: their 33d montlh during a current pro- clencles and overexpenditureG of Federal "G" a multicounty CAA,serves four coun- gram vear. (I) Grantees who, according funds. ties, '"W," "X," -Y," and "Z." Counties "W" to the rules in paragraph (b) of this (e) General-() Poolingof non-Fed- and "X" have per capita incomes below $750. section, will reach their 33d month of cral share during program years. (i) The other counties have per capita incomes CAP funding during their present pro- Grantees are reminded that the pooling in the $750-$999 range. The entire area gram years (or other grant periods) will of non-Federal shre among all com- served by "G" has a per capita income below of the same grant during a $1,000 but not below $750. Its normal non- be responsible for contributing the ad- ponents Federal share requirement is thus 10 percent, ditional non-Federal share of costs single program year is acceptable. The but for programs serving only county ,r', called for according to the table In -x- policy stated n CAP Guide, Volume II or county "X" it Is entitled to relief from hibit I. They will be expected to submit (Part I, par. 4 (page 20) ) with reference that requirement if it cannot raise the revised CAP Form 25's for affected com- to pooling in terms of the Federal fiscal non-Federal share. ponent projects Identifying the value year is obzolete and under revision. The non-Federal share reQuirement on its and kind of increased local share and (ii) The pooling provision should be grant may be calculated as follows: showing a corresponding reduction In utilized to les-en the burden of the in- Federal funds. creazed non-Federal share requirement Minimun (i) Note that no increase in a for component programs which will have Component projects Total required grantee's level of approved program will the great st difficulty in providing in- cost Non-Federal be permitted on account of the Increase creased non-Federal .qre. share in the required non-Federal share. That (2) For further information. Appli- with Ilead Start In county "W".... $10,000 increase will be offset by a corresponding cants are advised to communicate Legal services In county "X". 25,000 ...... decrease in Federal support for the com- the appropriate OEO Regional Office for 31en Start In county "Y".__. £0 000 ,00 ponent projects in question. any further specific information they Neighborhood Center in 50, 000 5,o0 county "Z". (iii) Following receipt of the revked may need with regard to non-Federal Program adminlstration ..... 20,000 2,(0 CAP Forms 25, the appropriate OEO/ share requirements. Total: ------195,000 1% 000 CAP office will review the changes and, upon approval, will issue a supplemental Dated: June 27, 1967. Note that the Program Administration CAP Form 14 together with coples of SAr.cnxu SHrrm., component, which serves all four counties, the CAP Form 25's showing the approved Director, is required to provide non-Federal share on changes. Office of Economic Opportunitv. the basis of 10 percent because the four- ExmnrrITa~ oDrnn; county area, taken as a 'whole, has a per o;lscA oaurxxPnro o 2M~ R'a capita income below $1,000 but not below $750. (A) (13) OEO will permit pooling of the non-Federal share as between exempt and nonexempt Months -afnth La-t full Maztb if [an di- rs1:d after Juno 10, 1557 Corn. M(1A) counties served by the same CAA. See para- Month of plc!c graph (e) (1) of this section. initial grunt as of JunoO, (3) Special rule for Programs serving M-7 July Au,-a:1 Sc; tcmlcr OclrI Xo7Cat-z_ Icaic reservation Indians and migrant groups. In cases where a CAA or other Title II-A 19m4:Novoratcr__ 12 Fern Nocncr .... 2 11 12 13 141 15 grantee provides a specific component December-... 31 10 U 12 12 13 14 program solely for the benefit of Indians on Federal January ...... 0 10 10 11 12 12 13 or State reservations within February.... 23 10 10 10 11 12 12 the community or for the benefit of March ...... -3 10 10 10 U12 17 groups of migrant farm workers who live, April ...... 10 10 1010 10 11 May...... 5 13 10 10 10 i) or earn their living, outside of the com- Juno...... 10 10 10 10 1f munity 6 months or more a year, the July ...... 24 10 10 10 August ..... 3 10 10 10 10 10 Ii]13 CAA shall be entitled to seek a partial Sptember.- 14 10 10 10 10 10 10 or total exemption of the non-Federal October- . 21 10 10 10 10 Novmber.= 21 10 10 10 10 share requirements for the costs of those Dcembcr .... 10 10 10 10 10 10 IC component programs in cases where the 150: 10 10 January .... 18 19 10 10 10 10 F) per capita income of the groups served Februnry.... 17 1A 10 10 ]0 10. 10 March. ... 16 10 10 10 10 is below $1,000. If the per capita income April...... 15 10 10 10 -May....---- 14 10 10 10 101 10 is below $750, the Regional Director is Jun ...... 13 July...... authorized to grant an exemption for August..... that portion of the non-Federal share September. 10 October-.... 0 which the CAA is unable to provide. If Novcmber 8 ...... Decmber.... 127 ... the per capita income is in the $750- 1957: $999 range, the Regional Director is January ..... G :::::::.::.::.... :: February .... 6 authorized to grant an exemption for the March ...... 4 ...... ApriL. 3 ...... portion of the non-Federal share above May . '2 10 percent of program costs which the June...... 1 July...... 0 CAA is unable to provide. Exemptions ------

FEDERAL REGISTER, VOL 32, NO. 131-SATURDAY, JULY 8, 1967 No. 131-Pt. I--5 _ 10076 RULES AND REGULATIONS

See. (A) (B) (C) (D) 9.1 Purpoee. 9.3 Testimony by employees in proceedings Last full month of funding period after June 30, 1957 (198) involving United States, Monthscorn- ofMonths grace 9.5 Legal proceedings between prIvate Month of pleted after z partles: General rule. Initial grant asof June30, > ' 9.7 Legal proceedings between private June 30, 1907 t = litigants: Subpoena, 196o tao zi 9.9 Legal proceedings between private litigants: Factual testimony. 9.11 Legal proceedings between private Per- Per- Per- Per- Per- Per- Per- Per- Per- Per- Per- Per- Expert or opinivn tcA1- 19064: cent cent cent cent cent cent cent cent cent cent cent cent litigants: November,._. 32------16 17 18 18 19 20 20 20 20 20 20 20 mony. l)PccmbPr_.. 31 I 15 16 17 18 is 19 20 20 20 20 20 20 9.13 Legal proceedings between private 19&5: litigants: Dlscloure of records. January ..... 30 1 14 15 16 17 18 18 19 20 20 20 20 20 Acceptance of service on behalf of February ..... 29 3 13 14 15 16 17 18 18 19 20 20 20 20 9.15 March ------2 4 12 13 14 15 16 17 18 18 19 20 20 20 Secretary. April ... .. 27 5 12 12 13 14 15 16 17 18 18 19 20 20 of this Ptrt 9 May 26 6 11 12 12 13 14 15 16 17 18 18 19 20 AUTHORITY: The proviion. June ... . 25 7 10 1n 12 12 13 14 15 16 17 18 18 19 Issued under .ec. 9 of the Department of Juh ...... 24 8 10 10 11 12 12 13 14 15 16 17 18 1 Transportation Act (PL, 89-670, 49 U,,11, August ------23 9 10 10 10 11 12 12 13 14 15 16 17 18 1657). Septeniber.... 22 10 10 10 10 10 10 12 12 13 14 15 16 17 October ...... 21 11 10 10 10 10 10 11 12 12 13 14 15 16 November .... 20 12 10 10 10 10 10 10 11 12 12 13 14 15 § 9.1 Purpoc. Ilecember .... 19 13 10 10 10 10 10 I0 I0 ii 12 12 13 14 (a) This part prescribes the policies January ...... 1 14 10 10 10 10 10 10 10 10 11 12 12 13 and procedures of the Office of the Secre- February- _ 17 15 10 10 10 1W3 10 10 10 10 10 11 12 12 tary of Transportation with respect to March ...... 16 16 10 10 10 10 10 10 10 10 10 10 11 12 April ...... 15 17 10 10 10 10 10 10 10 I0 10 10 10 1i testimony of Its employees as witneses May_ . .... 14 18 10 10 10 10 10 10 10 10 10 10 10 10 in legal proceedings, the serving of legal Jule ------13 19 -.------July.------12 20 ------process and pleadings in legal Proceed------AugustSept ember ------.... 1011 22...... 21 ------:...... ings involving the Secretary or his office, Oetober ---- 9 23 ------..------and the production of records of that NcoeberNovember ....--- 8 2424 ------...... --.... ------Office pursuant to subpoena. December.... 7 25 ------.------: ------(b) The General Counsel may grant 1967: January ------6 26 ------:-----:---:- : permission to deviate from a policy or 28 ------Marcha ..... 4 procedure prescribed by this part. He Aprilry ---... -- 33 29 ::::::::::::::::::::::::::::::::::: ... 29 ------may grant that permission only when------(1) It Is necessary to prevent a mis- June------1 31 ------carriage of justice; July ------0 32 ...... -----.------.------(2) The Department has an interest am.] in the decision that may be rendered in [F.. Doc. 67-7613; Filed, July 7, 1967; 8:45 the legal proceeding; or (3) The deviation is in the best in- not apply to those private cases in which terests of the United States. Title 49-TRANSPORTATION an employee may be called upon to (c) For the purposes of this part, testify, while on leave, as to facts or "legal proceeding" Includes any proceed- Subtitle A-Office of the Secretary events that have no relationship to his ing before a court of law, administrative of Transportation duties and the functions of the board, hearing officer, or any other body Department. conducting a legal or administrative PART 9-TESTIMONY OF EMPLOY- The new Part 9 also states the method proceeding. whereby records of the Office of the Sec- EES OF OFFICE OF THE SECRETARY (d) This part does not apply to any retary may be subpoenaed and explains an employee be legal proceeding In which This amendment adds a new Part 9 the relationship of records sought to is to testify, while in leave status, as to "Testimony of Employees of Office of the obtained by subpoena to records that no way related request facts or events that are in Secretary" to the regulations of the Of- may be made available, upon to the duties he performs or to the func- fice of the Secretary to state the policies and without a subpoena, under Part 7 tions of the Department. and procedures of that Office with re- "Public Availability of Information." spect to the testimony of its employees Section 9.15 sets forth the titles of § 9.3 Testimony by employee in pro- in legal proceedings, the service of legal the officials of the Office of the Secretary ceeding'i involving United Stutei. process, and the production of records who are authorized to accept service of (a) An employee of the Office of the pursuant to a subpoena. The new Part legal process or pleadings on behalf of Secretary shall testify as a witness for does not apply to the National Transpor- the Secretary. the United States whenever, in any legal tation Safety Board, the U.S. Coast Since this amendment concerns itself proceeding Involving the United States, Guard, the Federal Aviation Adminis- with matters relating to Departmental the attorney in charge of presenting the tration, the Federal Highway Adminis- management, procedures, and practices, case for the United States requests it. tration, the Federal Railroad Adminis- notice and public procedure hereon is (b) An employee of the Office of the tration, or the St. Lawrence Seaway not required, and it may be made effec- Secretary may not testify as an expert Development Corporation. tive in less than 30 days after publica- or opinion witness for an adverse party in the FEDERAL REGISTER. Government agencies are often re- tion in any legal pioceeding in which the to furnish This amendment is made under the United States is involved, but may testify quested by private litigants 9 of the Department expert witnesses as to technical or other authority of section as to facts. of Transportation Act (P.L. 89-670; 49 matters that are within the scope of § 9.5 Legal proceeding-4between privite of the U.S.C. 1657). agency functions. It is the policy partics: General rule. Office of the Secretary of Transportation In consideration of the foregoing, testify Subtitle A of Title 49 is amended, Subject to §§ 9.7 and 9.11, an employee not to authorize its employees to the fol- in these cases for the reasons enu- effective July 10, 1967, by adding of the Office of the Secretary of Traii- this Part does lowing new Part 9 "Testimony by Em- portation Is not authorized to testify a4 merated in § 9.5. However, of the Secretary." establish procedures whereby, under ap- ployees of Office an expert or opinion witness In any legal propriate circumstances, an employee Issued.in Washington, D.C., on July 1, proceeding between private litigants for may testify as to facts within his per- 1967. the following reasons: from ALAN S. BOYD, (a) To conserve the time of employees sonal knowledge, while refraining for conducting official business. opinion testimony. The regulation does Secretary of Transportation.

FEDERAL REGISTER, VOL. 32, NO. 131-SATURDAY, JULY 8, 1967 RULES AND REGULATIONS 10077 (b) To minimize the possibility of panled by an attorney from the Office of criticism of the Department in cases in the General Counsel or the Department Title 15- C0M ERCE AND which-its employees participate in con- of Justice, as appropriate, and explain troversial issues. to the authority conducting the proceed- FOREIGN TRADE (c) To avoid spending the time and Ing that a statute or regulation prohibits money of the United States for private him from producing the records. purposes. (d) If an employee who follows the Chapter 111-Bureau of Interational (c) of this Lc- Commerce, Department of Com- § 9.7 Legal proeeedings between private procedure in paragraph litigants: Subpoenas. tion is ordered to show cause why he morco should not be cited for contempt of court, SUCCHAPTr- W ORT PEGU.ATIONS (a) 'Whenever, in a legal proceeding the General Counsel shall request the between private litigants, an employee Department of Justice to reprcent the Gn vc.:lzportRez2,Amd.31l of the Office of the Secretary is properly employee. EXPOIRTS OF COPPER, NICKEL AND served with a subpoena, he shall im- mediately report the service to the Gen- § 9.15 Acceptance of service on behalf NICKEL ALLOYS eral oCounsel, who shall determine of Secretary. . rxports of copper, July ard August whether the employee is required to com- Process or pleadings in any legal pro- 1967. ply and shall provide legal representa- ceeding may be served, at the option of Purpoe and effect: Short supply con- tion for the employee. the server, on the General Counsel, the troLs over the e.xport of copper and cap- (b) Whenever an employee's compli- Deputy General Coun-el, or the Assstant por products wlll be continued at the ance with a subpoena would adversely General Counsel for Litigation. with the .ame level as during the first half of affect the performance of official duties same effect as f served upon the Scere- 19G7. However, becauze of the current the General Counsel shall attempt to tary. The official accepting the service for unsettled condition of supply and de- have the sub p o e n a withdrawn or the Secretary acknowledges the service mand, export licensing quotas are being modified. and takes further action as appropriate. estabished for a 2-month period, July a § 9.9 Legal proceedings between private [P.R. Doc. 67-7878; liled. July 7, 190. and August 19G7. Teje export licenuing litigants. Factual testimony. 8:47 a.m.] quotas are as follows: (a) An employee of the Office of the Commodity Quo*c Secretary who has been properly sub- (a) Copper scrap, as follows: 5.3 copper content short ton-. poenaed in a legal proceeding between Copper metalliferous ash and residuc (rxport Con- private litigants shall testify as to facts trol Commodity No. 28401); Copper or copper-bas within his personal knowledge, even If alloy waste and scrap, including copper alloy waste the facts are contained in a report that and scrap of Iez than 40 percent copper content he is not allowed to produce. However, where copper Is the component of chief wreight he must obtain the permission of the (Export Control Commodity No. 21402); General Counsel before disclosing any Nickel waste and scrap containing 50 percent or more information that is restricted by statute copper lirrepectlve of nickel content (Export Con- or regulation. trol Commodity No. 28403). (b) Refined copper Including remelted, In cathodeo, 8330 copper content short ton. (b)- An employee who gives factual billets, Ingots (except copper-baze alloy Ingots). -lre testimony shall avoid any statements of bars, and other crude forms (Export opinion. Control Com- modity No. 68212) * § 9.11 Legal proceedings between private (c) Copper-baze alloy Ingots composcd c=antlally of 330 copper content chort tone. litigants: Expert or opinion testi- copper with one or more other metals, for example: mony. Beryllium copper Ingots, devarda alloy Ingoatz gulnea alloy Ingots, ounco metal Ingoto, etc. (Export Control If, while testifying in a legal proceed- Commodity No. 68212). ing between private litigants, an em- (d) Semifabricated copper product, and matcr alloys of 3.0S3 copper content nort ton:. ployee of the Office of the Secretary is copper, as follows: asked for expert or opinion testimony, he shall decline to answer on the grounds 'Shipments of refined copper produced from forclgn-olgln copper raw mzter 'az, that he is forbidden to do so by this part. and refined copper produced from material which was declared as an offcot against an If he is then ordered by competent au- equivalent quantity of forelgn-origin copper ra, materials entered into tha United States thority to testify, he shall do so. under a U.S. Customs Import Entry made wi1thin 3 months preceding the date of the license application, wll ba licensed without a charGe againlst the quota (sea § 373A3lb § 9.13 Legal proceedings between pri- (2)). vate litigants: Disclosure of records. 2 Shipments of cemlfabricated copper product- and master alloys of copper under U., (a) Copies of any records available for military contracts or under contracts financed by the Agency for International Deveop- public inspection under Part 7 "Public ment will be licensed without a charge against the quota (sca 9 373.43(d) (2)). Availability of Information", are avail- able, as provided In that part, to litigants Export Control Commodfty N umber and carbon polymers or cspsiymee, upon request. Commodity Description (b) uzIng a mineral lnulaer di- electric, (c) uing a diheectria aired (b) If copies of records that are avail- 68213 Laster alloys of copper. by discs, be-ads, spiral. sr:ew;., or cny 68221 Bars, rods, angles, shapes, sectlons. 2 able for public inspetion under Part 7 and wire of copper or copper-baso other mean, (d) de-zzgn d for presUriz2t on or use with a gee are subpoenaed, the person subpoenaing alloy. dlelectric, or (e) Intended for SUb- them is liable for the fee established 68222 Plates, sheets, and strips of copper or copper-bace alloy. marine laying. under that part for the production of 68223 Copper foil. 72310 Other coaxial cable. those records, including any search for 68223 Paper backed copper foil. 72310 Communications cable contalning them. 68224 -Copper or copper alloy powderu and more than one pair of conductorz of flakes. which any one of the conduates. (c) If an employee Is served with a 68225 Tubes, pipes, and blanks therefor, rlngle or stranded, ha1 a dlim-te subpoena, calling for records that the and hollow bars of copper or cop- eccec1ing 03 m. (0.035 inch). as General Counsel determines should not per-base alloy. follow: (a) Cable in whIch the 69892 Copper and copper-base alloy cast- nominal mutual capa-cltauce of be released, the General Counsel shall at- ings and forgLngo. paired circuits I- less3 than 53 nane2- tempt to have the subpoena withdrawn 72310 Wire and cable coated with, or insu- farads/iileo (S3 aore/.i. lated with, fluorocarbon polymcrs exccpt conventiona paper and sir or modified. If this cannot be done, the or copolymem. dielectric typez, (b) subnarine c-- employee shall appear at the time and 72310 Coaxial-type communications cable ble, or (c) cable containing fluoro- place specified in the subpoena, accom- as follows: (a) Containing fluoro- carbon polymers or copolymero.

FEDERAL REGISTER, VOL 32, NO. 131-SATURDAY, JULY 8, 1967 10078 RULES AND REGULATIONS

Export Control Commodity Number and Export Control Commodity Number and the power and responsibility for deter- Commodity Description Commodity Description mining and controlling the sending of the 72310 Other communications cable con- 28403 Any nickel or nickel alloy waste and commodities and technical data out of taining more than one pair of scrap, not previously requiring a the United States. conductors and containing any validated license for shipments to Accordingly, the note following 1 309.2 conductor, single or stranded, ex- Country Groups T and V. is revised to read as set forth below. ceeding 0.9 nm. in diameter. 51369 Nickel oxide. 72310 Other copper or copper-base alloy in- 51470 Nickel sulfate. II. Request for waiver of documenta- sulated wire and cable. 67160 Ferronickel containing 90 percent or tion for certainreexports. Licensing under past participationin less of nickel. In accordance with the provisions of exports licensing method. The quotas set 08310 Any nickel or nickel alloys, un- §372.12(c) (2) of the Export Regula- forth above for copper-base scrap, re- wrought, not previously requiring tions, requests for authorization to re- a validated license for shipments to export to certain specified destinations fined copper, and copper-base alloy in- Country Groups T and V. gots will require the submission of documents continue to be licensed entirely 68324 Nickel or nickel alloy electroplating such as Consignee/Purchaser State- in accordance with the Past Participa- anodes. tion in Exports licensing method ments, Swiss Blue Import Certificates, described in § 373.8 of the Shipments of these commodities removed or Yugoslav End Use Certificates. The U.S. export from general license as a result of this Export Regulations are revised to point regulations. change that were on dock for lading, on out that If the document cannot be ob- Of the total quota of 3,000 copper con- lighter, laden aboard an exporting car- tained, the applicant may request a tent short tons established for semi- rier, or in transit to a port of exit pur- waiver of the documentation require- fabricated copper products and master suant to actual orders for export prior ment. alloys of copper, 65 percent (or 1,950 to 12:01 am., June 10, 1967, may be ex- The Office of Export Control will give copper content short tons) will be ported under the previous general license consideration to the waiver request when allocated in accordance with the Past provisions up to and including July 10, a satisfactory explanation accompanies Participation in Exports 1 i c ens in g 1967. Any such shipment not laden the request, and such waiver will not be method. The remaining portion of the aboard the exporting carrier on or be- contrary to the objectives of the U.S. Ex- quota (1,050 copper content short tons) fore July 10, 1967, requires a validated port Control program. again will be reserved to meet essential license for export. export requirements that cannot be Accordingly, a new paragraph is added satisfied Effective date of action: June 10, 1967. to § 372.12(c) (2) (11) (c) as set forth be- under the Past Participation in low. Exports licensing method. Amendments to the U.S. Export Regu- The Office of Export Control will notify I. Parts, components, and materials lations (15 CFR Ch. III, Subch. B) re- in foreign-madeend-products. each exporter of his share of a quota. flecting the above changes will be pub- Time schedules for submitting appli- lished in the near future. Purpose and effect: To avoid any mis- cations. An exporter who qualifies as a understanding of the scope of export (See. 3, 63 Stat. 7; 50 U.S.C. App. 2023; E.O. controls, a specific statement has been "historical exporter" under the Past 10945, 26 F.R. 4487, 3 CFR 1959-63 Comp.; Participation in Exports licensing meth- added to the Export Regulations ex- E.O. 11038, 27 F.R. 7003, 3 CPR 1959-63 plaining that parts, components, ma- od may submit his applications as soon Comp.) terials, or other commodities exported as he receives his notice of entitlement RAUER MEYER, but not later than August 15, 1967. An Director, from the United States and used abroad exporter who does not qualify as a to manufacture or produce a foreign- Office of Export Control. made end-product are subject to the ex- "historical exporter" shall submit his ap- [F.R. plications no later than July 31, 1967. Doe. 67-7493; Filed, July 7, 1967; port control laws of the United States. 8:49 am.] The Department of Commerce exercises The submission of applications for licenses to export semifabricated copper vigilance over exports and reexports of [10 Gen. Rev. of Export Regs., Amdt, 32] these commodities to prevent such ex- products and master alloys of copper is ports or reexports from being used for a not subject to time schedules. Applica- MISCELLANEOUS AMENDMENTS TO purpose detrimental to the national se- tions for these products may be sub- CHAPTER curity or foreign policy of the United mitted at any time. States. Applicability of other provisions. Ex- Parts 369, 370, 372, 373, and 379 of the Code of Federal Regulations are amend- Accordingly, a new § 370.11 Is added, porters are reminded that all other as set forth below. special copper provisions continue in ed as set forth below. IV. Kansas City, Mo., Airport author- effect. These provisions are set forth in (See. 3, 63 Stat. 7; 50 U.S.C. App. 2023; E.O. §§ 373.20 and 373.43. It should be noted 10945, 26 F.. 4487, 3 CFR 1959-63 Comp.; ized to clear air shipments. In particular that applications for E.O. 11038, 27 P.R. 7003, 3 CFR 1959-63 Purpose and effect: Certain inland air- licenses to export copper ores, concen- Comp.) ports in the United States have been au- trates, matte, and blister copper gener- Effective date: June 28, 1967. thorized to clear air shipments for ex- ally are denied. However, applications port, as set forth in J 379.12 of the U.S. for licenses to export these commodities RAUER MEYER, Export Regulations. Kansas City, Mo., Is as well as copper and copper-base alloy Director, now added to the list of airports with waste and certain nickel scrap that can- Office of Export Control. this authority. not be processed commercially in the I. Reporting requirement. Accordingly, 1 379.12(c) is amended as United States will continue to be con- Purpose and effect: The provisions of set forth below. sidered for licensing without a charge § 369.2 of the U.S. Export Regulations V. Additional country adhering to against an export quota. require any U.S. exporter, who receives Limited Nuclear Test Ban Treaty. Effective date: June 20, 1967. a request for any action that has the Purpose and effect: Section 373.7 of the II. Exports of nickel and nickel alloys. effect of furthering or supporting a re- U.S. Export Regulations sets forth the A validated export license will now be strictive trade practice or boycott fos- procedures to be followed when exporting required for shipments to Country tered by any foreign country against any commodities and technical data related Groups T and V of the nickel and nickel country not included in Country Group to nuclear weapons, nuclear explosive alloys and the nickel scrap described S, W, Y, or Z, to report such a request devices, or nuclear testing. Certain pro- below. This added requirement is in addi- to the Office of Export Control. To clarify visions of these regulations do not apply tion to the previous requirement of a the applicability of this reporting re- to destinations subject to the jurisdiction validated export license for shipments of quirement, an "exporter" is construed to of a country which Is an adherent to the these commodities to Country Groups S, be that person who, as the principal party "Limited Nuclear Test Ban Treaty" (see W, X, Y, and Z. in interest in the export transaction, has list of countries adhering to this treaty

FEDERAL REGISTER, VOL. 32, NO. 131-SATURDAY, JULY 8, 1967 RULES AND REGULATIONS 10079 in Part 373, Supplement No. 4 of the U.S. nes3 firm located in, or doing burinezs In, a the United States. The Department of Export Regulations). boycotted country. Commerce exercises viglanlee over ex- I. A restriction prohibiting the U. ex- ports and reexports of these commodi- The Federation of Nigeria deposited an porter or any subsidiary or aflulate of the instrument of ratification with the US. U.S. exporter from using shipping or trans- ties in order to prevent such exports or Department of State on February 28, portation facilities that are "blackllstcd" by reexports from being used for a purpose 1967, and is now added to the list. the importing country: Protdded, hftwerci, detrimental to the national security or United States. Accordingly, Supplement No. 4 to Part That a request or restriction rolely preclud- the foreign policy of the Ing the export of commodities to the im- 373 is amended as set forth below. porting country on (a) chipping or trans- PART P72-PROVISIONS FOR INDI- VI. Exports of copper, July and August portation facilities owned, controlled, oper- VIDUAL AND OTHER VALIDATED. 1967. ated, or chartered by a country or a national LICENSES Supplement 1 of Part 373 is revised of a country, friendly to the United States but not friendly to the importing country, or §372.12 Reexportation. to read as set forth below. (b) a carrier that stops at a port In a country The amendments to Parts 369, 370,372, friendly to the United States but not friendly 373, and 379 are as follows: to the Importing country prior to ctopping at (c) Reexportation request subsequent the port of unlading, is not deemed a restric- to submission of license application. PART 369-REQUEST FOR INFOR- tive practice within the meaning of ection 2(4) of the Export Control Act, but rather MATION OR ACTION IN SUPPORT a precautionary measure to avoid any r-l of (2) Additional special requirements. OF CERTAIN FOREIGN RESTRICTIVE confiscation of the commodities. Accordingly. (f*a a TRADE PRACTICES OR BOYCOTTS the two aforementioned types of rhipping re- strictions are exempted from the reporting (c) requirement of this ccction. § 369.2 ]Reporting requirements. If the required documentation cannot be The above examples of types of requests, obtained, waiver may be requested in ac- which could indicate the furthering or rup- NoTE: 1. Exporter. For the purpose of the porting of restrictive trade practices or boy- cordance with the applicable provisions reporting requirement set forth in § 369.2, an cotts, are merely illustrative, and are not in- of the Export Regulations. (See § 373.65 exporter is construed to be that person who, tended in any cence to be the only examples (b) (6) for waiver of a Consignee/Pur- as the principal party in interest in the ex- of restrictive trpsde practices or boycotts. chaser Statement; 373.2(j) for waiver of port transaction, has the power to determine an Import Certificate; § 373.67(d) for and control and the responsibility for deter- mining and controlling the sending of the PART 370-SCOPE OF EXPORT CON- waiver of a Swiss Blue Import Certifi- commoditles and technical data out of the, TROL BY DEPARTMENT OF COM- cate; and § 373.70(d) for waiver of a United States. MERCE Yugoslav End Use Certificate.) 2. Exanmples of restrictive trade practices or boycotts. The above § 369.2 refers to "a § 370.11 Part-% components, and mate- request for an action that has the effect of rials in foreign-made end-products. PART 373-LICENSING POLICIES AND furthering or supporting a restrictive trade Parts, components, materials, or other RELATED SPECIAL PROVISIONS practice or boycott -fostered by any forelkn commodities eported from the United country against any country not included in Supplement No. I-Time Schedules States and used abroad to manufacture Country Group S, W. Y, or Z * * *." These for Submission of Applications for requests may be received by U.S. exporters in or produce a foreign-made end-product the form of general questionnaires to be are subject to the export control laws of Certain Commodities answered, specific statements or certifications to be supplied in particular transactions, or other types of requests for action. Shown Export datel t~r daztest~: below are some examples of requests that control I lzbtc-ri1zIhb~~ supporting ormod- Cres-AI!y app!Issnts; could indicate the furthering or ity No0. I Wo Is3ter -Jz1- of restrictive trade practices or boycotts. tLsndato ttm d2o a. A request for information as to whether the U.S. exporter or any subsidiary or affil- late of the U.S. exporter has, or intends to 234 1.----Coppr n clifreus n erdan...... Stay 31,EE7 Aa . M,l have, any stockholders, owners, employees, 24 2 Copper or copepxr.Ln alloy qv;zz!o and annp, azaliina ccr'Tr al!5y July 31,lsr7 .An, 34 LI-C or officers who are nationals of a boycotted vasto and rap of i an 43 cruct cepr cnt.n wtat ccppr Is the conmcantefdfci'eLftht. country. 2M-. Nickel alloy wvato and rasp osnt-rlrZ V3 p^.-ccnt or ra copper July 31,115 Auz. 31, -7, b. A request for Information as to whether irreI ctilvo of nIcel contct. the U.S. exporter or any subsidiary or affiliate C8212 ...... Rcfnd coppcr includilg rcmelte , In cattsc,. I!±.i, (Ccxecpt Suly 31, l.7 Ari. 31,5151 coppr-bs z aioy vs.), tro t=r and,ltc cado f=m-. of the U.S. exporter has, or Intends to have, Cs2i2- .. Copprvb=n alloy Inicts cmr--d esatisflly of eeprcr v-ith ens or July 31.1151 M2. n1.I=5 any stockholders, owners, employees, or of- rnore othcr =cWtoo, tr yanrpl: tc.ryiulm copper indlo Scva. ficers who are members of a religious organi- alloy iWroWsCulnac Rly IaZtzw cancs m,al InZs!,, Cc. zation or of a race, creed, or color generally associated with a boycotted country. c. A request for information as to whether Supplement No. 4-Countries Adher- [10 Gen. Plv. ofport e2., Armdt.341 the U.S. exporter or any subsidiary or affiliate ing to the Limited Nuclear Test Ban of the U.S. exporter has, or intends to have, Treaty MISCELLANEOUS AMENDMENTS TO any business relationship with a boycotted CHAPTER country or a national of a boycotted coun- try. These business relationships include but Federation of Nigeria. Parts 371, 373, and 385 of the Code of are not limited to trade in commodities or Federal Regulations are amended as set technical know-how, licensing arrangements, forth below. advertising, or promotion of sale of goods originating in a boycotted country, or use of (Sec. 3. 63 Stat. 7; E0 U.S.C. App.. 2023; m-. such goods as components in a manufac- PART 379-EXPORT CLEARANCE AND 10345, 26 P.R. 4487, 3 CPR 1959-3 Comp.; turing process. 1-.O. 11033, 27 P.R. 7003, 3 CFR 1953-03 DESTINATION CONTROL comp.) d. A request for information as to whether the U.S. exporter or any subsidiary or affiliate § 379.12 Air cargo clearance at certain Director, f the U.S. exporter does any business, or ports of origin. intends to do any business, with any firm Office of Export Control. that has a business relationship with a 1 boycotted country or a national of a boy- (c) Airports designated as ports of L Temporary exports of video tape. cotted country. origin. Iurpoze and effect: The Office of Ex- e. A request for information as to whether 0 0 port Control has established a simplified the U.S. exporter or any subsidiary or affil- 1Vnns City, 11o. late of the U.S. exporter has any investments, 2The reporting requirement-s contained including branches, subsidiaries, affliates, or herein have been approved by the Bureau holdings, or any commercial or legal repre- [P.R. Doe. 67-7494: Piled, July 7, 19G7; of the Budget In accordance with the Fed- sentation in a boycotted country or a busi- 8:49 am.] eral Reports Act of 1942. FEDERAL REGISTER, VOL 32, NO. 131-ATRDAY, JULY 8, 1967 10080 RULES AND REGULATIONS procedure for the temporary export to rectly or indirectly, to a destination in the event that a validated export license destinations in Country Groups T and V Country Group W, Y, or Z. The list of (when required) is not approved by the of blank video tape (raw stock) and materials and equipment subject to this Office of Export Control. video tape containing program material requirement for a written assurance is Effective date of action: July 3, 1067. in order to facilitate the recording and now extended to include technical data Accordingly, 1 385.2(c) (2) of the Ex- broadcasting of news events, sports relating to "Polyimide-polyamide resins port Regulations Is revised to read as set events, entertainment programs, educa- and products made therefrom (Export forth below. tional programs, etc., in the United Control Commodity Nos. 53332, 58120, The amendments to Parts 371, 373, and States and abroad. It provides that an 59958, 66311, and 89300)." 385 are as follows: exporter, without the need for obtaining Effective date of action: August 2, an individual validated license for each 1967. PART 371-GENERAL LICENSES shipment, may make such shipments of Accordingly, § 385.2(c) (4) (i11) (gg) of § 371.10 General Ucenge GLY; ship- video tape over an indefinite period of the Export Regulations is added to read ments of limited value. time for the purpose of (a) recording as set forth below. program material abroad for broadcast- IV. Shipments from the U.S. Virgin (a) Scope. A general license designated ing abroad and in the United States Islands to the British Virgin Islands. GLV is hereby established, subject to and (b) broadcasting in a foreign coun- Purpose and effect: General License the other provisions of this § 371.10, try(ies) program material which has GLV has been amended to permit the ex- authorizing the export in a single ship- been recorded in the United States. port in a single shipment of commodities ment of any commodity on the Com- An exporter may obtain authorization from the U.S. Virgin Islands to the modity Control List: to make such exports by submitting to British Virgin Islands, provided that the (1) To Country Group S, T, V, or X, the Office of Export Control a letter re- net value of the shipment does not ex- provided that the net value of the com- quest, in original and two copies, setting ceed $500 or the amount specified on the modity included In a single entry does Commodity Control List as the GLV dol- not exceed the GLV dollar-value limit forth certain required information and Country certifying that the video tape will be lar-value limit for Country Group T, specified for the appropriate used for authorized purposes only and whichever is greater. These provisions do Group S, T, V, or X In the column headed will be returned to the United States not apply to the export of any com- "GLV $ Value Limits for Shipments to unless other disposition is authorized by modity related to nuclear weapons, nu- Country Groups S, T, V, X"; and the Office of Export Control. The request clear explosive devices, or nuclear test- (2) From the U.S. Virgin Islands to need not be supported by an Import Cer- ing, as described in paragraph 373.7(b) the British Virgin Islands: Provided, tificate, a Single or Multiple Transaction of the Export Regulations. That the net value of the shipment does Statement by Consignee and Purchaser, Effective date of action: July 3, 1967. not exceed $500 or the amount specified a Swiss Blue Import Certificate, or a Accordingly, § 371.10 of the Export as the GLV dollar-value limit for Coun- Yugoslav End-Use Certificate. If the re- Regulations is revised to read as set forth try Group T, whichever Is greater. quest is approved, the Office of Export below. (b) Exception. This General License Control will return to the U.S. exporter V. Technical data supporting a quota- GLV does not apply to the export of any a copy of the letter request bearing the tion, bid, or offer. commodity related to nuclear weapons, validation stamp of the U.S. Department Purpose and effect: General License nuclear explosive devices, or nuclear of Commerce. If the request is disap- GTDU has been revised to permit ex- testing, as described In paragraph proved, the Office of Export Control will ports of certain additional limited types 373.7(b). so advise the U.S. exporter. of technical data to Country Groups W (c) Deflnitions-(1) "Net value." Net Effective date of action: July 3, 1967. and Y. Technical data in support of a value means the actual selling price less quotation, bid, or offer to sell, lease, or shipping charges or the current market Accordingly, a new § 373.57 of the otherwise supply commodities, plants, price to the same type of purchaser In Export Regulations is established to read technical data, or services, may now be the United States, whichever Is the as set forth below. exported, with certain restrictions, to larger. II. Reexports of technical data and these destinations under general license. (2) "Single shipment." Single xhip- exports of the product manufactured Specifically excluded from the general ment means a shipment of commodities abroad by use of U.S. technical data. license coverage are technical data con- which moves at the same time from one Purpose and effect: The Export Regu- cerning the strategic commodities Identi- exporter to one consignee or Inter- lations regarding reexports of U.S. tech- fied by the symbol "A'" on the Com- mediate consignee on the same exporting nical data and exports of the foreign- modity Control List or listed on the U.S. carrier even though such shipment Is to made products of U.S. technical data Munitions List. Furthermore, the quota- be forwarded to one or more ultimate have been restated for purposes of tion technical data authorized by the consignees. However, not more than one greater clarity. In addition, specific in- general license must be of a type custom- shipment may be made by parcel post or structions have been added for request- arily transmitted with a prospective or mail per calendar week from one ex- ing authorization to reexport these tech- actual quotation, bid, or offer; and the details of design, production, or manu- porter to one consignee or Intermediate nical data and to export from abroad consignee. the foreign-made products of such data. facture, or the means of reconstruction, These authorizations shall be requested of either the commodity concerned in. (d) Evasion of "single shipment" pro- by means of a letter to the Office of Ex- the quotation, bid, or offer or of its visions. Shipments designed as a device port Control fully describing the pro- product may not be disclosed by the to evade the requirement of a validated posed transactions. technical data. Similarly, a quotation, export license are prohibited, Such de- Effective date of action: July 3, 1967. bid, or offer for technical data or services vices include, but are not limited to, (1) Accordingly, § 385.6 of the Export must not disclose the technical process the splitting of orders from a single con- Regulations is revised to read as set involved. signee into two or more shipments the forth below. The revision in the regulation makes total value of which exceeds the maxi- III. Revision of General L i c e n s e clear that the use of General License mum GLV dollar-value limit specified for GTDU to send technical data in support a single shipment; (2) the solicitation GTDU. of a quotation, bid, or offer does not mean Purpose and effect: Before exporting from a single consignee of a number of that the US. Government intends or is separate orders each of which conforms unpublished data relating to certain ma- committed to approve an export license to such dollar-value limits but which terials and equipment under the provi- application for any commodity or tech- have a combined value in excess thereof. nical data that may be the subject of the sions of General License GTDU, the NOTE: To determine the net value of a exporter must obtain from the Importer transaction to which the quotation relates. Exporters are advised to include commodity which may be exported in a a written assurance that neither the single shipment under the provisions of in any quotations, bids, or offers, as well General License GLV, the exporter should technical data nor the direct product as in any resulting contracts, a provi- first determine which country group Includes thereof Is Intended to be shipped, w11- sion relieving themselves of liability in the proposed country of destination. (Be

FEDERAL REGISTER, VOL. 32, NO. 131-SATURDAY, JULY 8, 1967 RULES AND REGULATIONS 100sI

US. Department of Commerce and re- tive or actual quotation, bid, or offer par. 370.1(g).) The exporter should then find established business on the Commodity -Control List the com- turn one validated copy to the applicant. (in accordance with modity he proposes to export. For each com- 'Where the request Is not approved, the practice); and not disclose the modity, In the column titled "GLV $ Value applicant will be advised by letter. Cu.s- (c) The export will or manu- Limits for Shipments to Country Groups S. toms Offices will be furnished with the details of desgn, production, a dash (-) is T, V, X" a dollar amount or names of US. exporters approved under facture, or the means of reconstruction. shown for each of the four applicable country of either the quotation Item or Its prod- groups. The exporter may ship this com- these provisions. (c) Export clearance. The exporter uct. Shnlarly, a quotation, bid, or offer modity in an amount not to exceed the dol- data or services must not for the country group shall furnish the Customs Office with an for technical lar-value limit shown the technical process Involved. which includes the proposed destination. additional copy of the Shipper's Export disclose a dash (-) appears, the commodity each shipment Norc: Nelther this authorization nor its Where Declaration covering intends, may not be shipped to that country group these provisions. The Dec- uoe means that the US. Government made under or Is committed, to approve an export lcense under General License GLV. However, de- shall bear the notation "864" in appearing for laration application for any commodity, plant, tech- spite a lesser dollar-value limit the upper right corner, the words "Tem- Country Group T, single shipments of a net nical data. or cervice that may be the subject Porary Export," and the following cer- of the tranaction to which such quotation. value not to exceed $500 may be exported to from the U.S. Virgin Islands to the British tification In the commodity description bid, or offer relates. Exporters are advised Virgin Islands under the provisions of Gen- space: include, in any quotations, bids, or offers, eral License GLV. and in any contracts entered Into pursuant I(We) certify that the video tape deserlbed quotations, bIds, or offers, a provision be returned to the to such PART 373-SPECIAL LICENSING in this Declaration will relloving themselves of liability in the event United States or authorization will be ob- that an export license (when required) Is not POLICIES tained from the OMce of Export Control approved by the Ofce of Export Control. before it is dispofed of abroad, and (contins § 373.57 Temporary exports of video program material recorded In the United tape. States) (will be used to record prozram ma- (4) RequIrements of written assur- (a) Scope. A procedure is established terial abroad). ances for certain data, services, and authorizing temporary exports to desti- documenta- materials, T or V of (d) Waiver of supporting nations In Country Group tion. A request submitted in accordance blank vedeo tape (raw stock) and video (gg) Polyimlde-polyanlde resins and with the provisions of this § 373.57 need products made therefrom (Export Con- tape containing program material (Ex- by an Import Certifi- port Control Commodity No. 89120). not be supported trol Commodity Nos. 53332, 58120, 59953. cate, a Form FC-842, Single Transaction 60311, and 89300). over an indefinite period of time, with- Statement by Consignee and Purchaser, out the need of applying for or obtain- a Form FC--843 Multiple Transactions license to of technical data and ing an individual validated Statement by Consignee and P urcha=r, § 385.6 Reexports cover each shipment. Such exports may Blue Import Certificate, or a exports of the product manufactured a Swiss by use of United States tech- be made from any port in the United Yugoslav End-Use Certificate. abroad States: Provided, That authorization is nical data. obtained from the Office of Export Con- PART 385-TECHNICAL DATA (a) Prohibited exports and reexports. trol and: Unlezs specifically authorized by the (1) The tape is intended for use in the § 385.2 General licenses. Office of Export Control, or otherwise recording of program material abroad authorized under the provisions of para- for broadcasting abroad and in the (c) General License GTDU. * graph (b) of this section of this § 385.6, United States; or (2) Destinationrestrictions. This gen- no person In the United States or in a (2) The tape contains program ma- eral license shall not be applicable to any foreign country may: terial recorded in the United States for export of technical data, directly or In- (1) Reexport any technical data im- broadcasting in a foreign country(ies); directly, to Country Group Z. Only the ported from the United States, directly or and following technical data may be exported indirectly, In whole or In part, from the (3) The tape will be returned to the under this general license to Country authorized country(le ) of ultimate United States unless prior authorization Group W or Y: destination; to dispose of the tape abroad is obtained (I) Technical data such as manuals, (2) Export any technical data from from the Office of Export Control. instruction sheets, or blueprints: Pro- the United States with the knowledge (b) Submission of request. A request vided, That the technical data ire: that It is to be reexported, directly or in- for authorization to make temporary (a) Sent as part of the transaction directly, In whole or in part, from the exports of video tape under the provi- involving, and directly related to, a com- authorized country(tes) of ultimate sions of this § 373.57 shall be submitted modity licensed for export from the destination; or by signed letter, in original and two United States to the sate consignee and (3) Export or reexport to Country copies, to the Office of Export Control destination to which the commodity was Group W, Y, or Z any foreign produced and shall include the following: or will be exported; direct product of US. technical data, or (1) A full description of the nature of (b) Sent no later than 1 year follow- any commodity produced by any plant the business in which the exporter is ing the shipment of the commodity to or major component thereof which is a engaged; which the technical data are related; direct product of U.S. technical data, if (2) A statement as to whether the re- (c) Of a type normally delivered with such direct product or commodity is cov- quest covers blank video tape, video tape the commodity; ered by the provisions of §§ 385.2(c) (4,, containing program material, or both; (d) Necessary to the assembly, Instal- 385.2(c) (5), or § 385.4A(c) (3). (3) A general description of the types lation, maintenance, repair, or operation (b) Permissive reexports. 11) Any of program material, I.e., news events, of the commodity; and technical data which have been e.xported sports events, entertainment, educa- (e) Not related to the production, from the United States may be reex- tional, etc., which will be recorded in the manufacture, or construction of the ported from any destination to any other United States or in a foreign coun- commodity. destination: Provided, That, at the time try(ies); (it)Technical data supporting a pros- of reexport, the technical data is export- (4) The name(s) and address(es) of pective or actual quotation, bid, or offer able directly from the United States to the consignee(s) who will use the video to sell, lease, or otherwise supply a com- the new country of destination under tape (if U.S. exporter, so state); and modity, plant, technical data, or service: General License GTDP, GTDU, or (5) The following certification: Provided, That: GTDS: And provided, That all of the use of (a) The commodity, plant, technical requirements and conditions for I(We) certify that if this request is ap- have been met. in ac- data, or service, Is not (and Is not related these general licenses proved, shipments will be made only Export Control with the provisions of § 373.57 of commodity Identified on the Com- (2) When the Office of cordance to) a of a com- the Comprehensive Export Schedule. modity Control list by the symbol "A". has authorized the export modity from the United States to a des- If the request Is approved, the Office of or shown on the US. Munitions List; and (b) The technical data are of a type tination in Count!y Group W or Y, or Export Control will stamp tjle letter re- the reexport of a U.S. origin commodity quest with the validation stamp of the customarily transmitted with a prospec- FEDERAL REGISTER, VOL. 32, NO. 131-SATURDAY, JULY 8, 1967 10082 RULES AND REGULATIONS

V,

e,n

to .20

E-4 0

0

joqtr 2ujuoom. 1 ______

V5 .0

'c aia

z

cc~

a

V 0

0 I - CD4 z 0 Lui

0 C3 V

Ou z c~ -I mS

cs4 RULES AND REGULATIONS 10083

CC, fez 23-

*~ '0 -C40

060

do .0 ;rh cr

j d~t-. rjV - -0 0 c L L t .1 zn- 0 ZI .0 ~ 0 ~c=ca *0

-Fa

.= w~ 0 L I .121 u>

CL - L. Uo

o~ . = .0 *r C: 0

CA

(2 0

;A ;A : 0 c oC :z ca 0 ~S.CS

0 0 1q to 1

C2 0 10084 Proposed Rule Making

(1) In selecting samples for grade de- TOLERAKM DEPARTMENT OF AGRICULTURE termination, each sample would consist See. of 33 grapefruit. When individual pack- 61.761 Tolerances. Consumer and Marketing Service ages contain at least 33 grapefruit, the STNDARD PAOX sample is drawn from one package; when [ 7 CFR Part 51 3 individual packages contain less than 33 51.762 Standard pack. FLORIDA GRAPEFRUIT grapefruit a sufficient number of adjoin- DXIN'xONS ing packages would be combined to form 51.763 Similar varietal characteristics. Standards for Grades ' a 33-grapefruit sample. The sample size 51.764 Well colored. Notice is hereby given that the U.S. would be constant regardless of the size 51.765 Firm. Department of Agriculture is of the containers. 51.760 Well formed. considering (2) Tolerances: The tolerances for de- 51.767 Mature. the revision of U.S. Standards for Grades 51.768 Smooth texture. of Florida Grapefruit (7 CFR 51.750- fects would be specified as acceptance numbers. The total maximum or mini- 51.769 Injury. 51.783) pursuant to the Agricultural 51.770 Discoloration. Marketing Act of 1946 (60 Stat. 1087, as mum number of defective or off-size 51.771 Fairly well colored. amended; 7 U.S.C. 1621-1627). grapefruit would be specified for all 51.772 Fairly smooth texture. All persons who desire to submit writ- samples selected for grade determina- 51.773 Damage, ten data, views, or arguments for consid- tion in the lot. 51.774 Fairly firm. (3) Under the proposal, individual 33 51.775 Slightly misshapen, eration in connection with the proposal 51.776 Slightly rough texture. should file the same in duplicate, not count samples would be limited to a maximum number of defective or off- 51.777 Serious damage. later than July 31, 1967, with the Hear- 51.778 Slightly colored, ing Clerk, U.S. Department of Agricul- size grapefruit permitted, or to a mini- 51.779 Misshapen. ture, Room 112, Administration Building, mum number of grapefruit having the 51.780 Slightly spongy. Washington, D.C. 20250, where they will amount of discoloration required in cer- 51.781 Very serious damage. be available for public inspection during tain grades. This limitation would be 51.782 Diameter. official hours of business (par. (b) of specified in the tolerance tables under 51.783 Classification of defects. * 1.27, as amended at 29 FR. 7311). the absolute limit heading, and would AUTHoRrrT: The provisions of this subpart Statement of considerations leading replace the Application of Tolerances issued under sees, 203, 205, 60 Stat. 1087, as to the proposed revision o1 the grade section in the existing standards. amended, 1090 as amended; 7 U.SK0. 1022, standards. Trends in production and In these standards a new format is 1624. marketing practices, over the past few proposed in an effort to arrange in logi- GRADES years, have prompted a revision of the cal order the various requirements for § 51.750 U.S. Fancy. U.S. Standards for Grades of Florida the particular grade. This would promote uniformity and bring about better "U.S. Fancy" consists of grapefruit Grapefruit which have been in effect which meet the following requirements: since 1960. understanding and simplifications of the standards. (a) Basic requirements: In proposing this revision, the U.S. De- (1) Discoloration: partment of Agriculture A new Classification of Defects section is introducing would be provided which lists the various (I) Not more than one-tenth of the a new concept in grade standards which grade defects with limitations for these surface, in the aggregate, may be af- would involve the use of statistical prin- defects under the injury, damage, serious fected by discoloration. (See § 51.770.) ciples and procedures in the application damage, and very serious d a m a g e (2) Firm; of tolerances to a greater extent than headings. (3)Mature; heretofore. Representatives of the U.S. Depart- (4) Similar varietal characteristics; During the 1966-67 harvest season ex- ment of Agriculture will be available (5) Smooth texture; perimental studies were conducted in a upon appointment to discuss and demon- (6) Well colored; and, number of Florida fresh fruit packing- strate the proposed revision to interested (7) Well formed. houses utilizing these statistical proce- persons during the period provided for (b) Free from: dures. As a result of these studies and submitting comments. Request for such (1) Ammonation; demonstrations, a quality control master appointments should be made in writing (2)Bruises; note sheet was developed and used under to: Chief, Fresh Products Standardiza- (3) Buckskin; continuous inspection operations. The (4) Caked melanose; note sheet graphically presents the qual- tion and Inspection Branch, Fruit and (5) Cuts not healed; ity level being packed during any given Vegetable Division, C&MS, U.S. Depart- (6) Decay; period in the day. The proposal would in- ment of Agriculture, Washington, D.C. (7) Growth cracks; volve the use of this quality control aid 20250. (8) Scab; during the packing process as well as for The proposed standards, as revised, (9) Sprayburn; and, establishing the grade of grapefruit on (10) Wormy fruit. a lot basis. This would bring about more are as follows: (a) Free from Injury caused by: uniformity and better industry under- GRADES (1) Green spots; standing of the grade standards. Sec. The 51.750 U.S. Fancy. (2) Oil spots; Florida Citrus industry has requested 51.751 U.S. No. 1. (3) Scale; that this new concept be adopted and in- 51.752 U.S. No. 1 Bright. (4)Scars; corporated in the standards. This would 51.753 U.S. No. 1 Golden. (5) Skin breakdown; and, require the following changes in the 51.754 U.S. No. 1 Bronze. (6) Thorn scratches. presentation of tolerances: 51.755 U.S. No. 1 Russet. (d) Free from damage caused by: 51.756 U.S. No. 2. (1) Dirt or other foreign material; 51.757 U.S. No. 2 Bright. ' Packing of the product in conformity with 51.758 U.S. No. 2 Russet. (2) Disease; the requirements of these standards shall not 51.759 U.S. No. 3. (3) Dryness or mushy condition, excuse failure to comply with the provisions (4) Hail; of the Federal Food, Drug, and Cosmetic Act UNCLASSIFIED (5) Insects; or with applicable State laws.and regulations. 51.760 Unclassified. (6) Sprouting;

FEDERAL REGISTER, VOL. 32, NO. 131-SATURDAY, JULY 8, 1967 PROPOSED RULE MAKING 1COS5

(7) Sunburn; and, in § 51.761, Tables I and I=, shall have less than the number of fruits required (8) Other means. - more than one-third of their surface, In In § 51.701, Tables I and IL. sbal have (e) For tolerances see §51.761. the aggregate, affected by discoloration. more tha, one-half of their surace, In § 51.751 U.S. No. 1. The predominating discoloration on the aggregate, affected by discoloration. these fruits sbal be of rust mite type. (a) For tolerance see § 51.761. "U.S. No. 1" consists of grapefruit (a) For tolerances see § 51.161. which meet the follo-wing requirements: § 51.759 U.S. No. 3. (a) Basic requirements: 951.755 US.No. llusset. "u.S. No. 3" consists of grapefruit (1) Discoloration: The requirements for this grade are which meet the following requirements: (i) Not more than one-third of the the same as for U.S. No. 1 except that (a) Basic requirements: surface, in the aggregate, may be af- not less than the number of fruits re- (1) Mature; fected by discoloration. (See § 51.770.) quired fn § 51.761, Tables I and I, rhall (2) Mishapen; (2) Fairly smooth texture; have more than one-third of their sur- (3) Poorly colored: (3) Fairly well colored; face, in the aggregate, affected by any (1) Not more than 25 percent of the (4) Firm; type of discoloration. surface may be of a solid darl green (5) Mature; (a) For tolerances see § 51.761. color. (6) Similar varietal characteristics; § 51.756 U.S. No. 2. (4) Roush texture, not s-dosly and, bumpy; (7) Well formed. "U.S. No. 2" cons sts of grapefruit (5) Similar varietal characteristics; (b) Free from: which meet the following requirements: and, (1) Bruises; - (a) Basic requirements: (6) Slightly sponry. (2) Cuts not healed; (1) Discoloration: (b) Free from: (3) Decay; (I) Not more than one-half of the sur- (1) Cuts not healed; (4) Growth cracks; and, face, in the aggregate, may be affected (2) Dacay; and, (5) Wormy fruit. by discoloration. (See § 51.770.) (3) Wormy fruit. (c) F ee from damage caused by: (2) Fairly firm; (c) Free from very serious danange (1) Ammoniation; (3)Mature; caused by: (2) Buckskin; (4) Similar varietal characteristics; (1) Ammoniation; (3) Caked melanose; (5) Slightly colored; (2) Bruises; (4) Dirt or other foreign material; (6) Slightly Isshapen; and, (3) Buckskdn; (5) Disease; (7) Slightly rough texture. (4) Caked melanose; (6) Dryness or mushy condition; (b) Free from: (5) Disease; (7) Green spots; (1) Bruises; (6) Dryness or mushy conditon; (8) Hail; (2) Cuts not healed; (7) Growth cracs; (9) Insects; (3) Decay; (8) Hail; (10) Oil spots; (4) Growth cracks; and, (0) Insects; (11) Scab; (5) Wormy fruit. (10) Scab; (12) Scale; (c)- Free from serious damage caused (11) Scale; (13) Scars; by: (12) Scars; (14)" Skin breakdown; (1) Ammonlatton; (13) S dn breakdown; (15) Sprayburn; (2) Buckskin; (14) Sprayburn; (16) Sprouting; (3) Caked melanose; (15) Sprouting; (17) Sunburn; (4) Dirt or other foreign material; (16) Sunburn; and, (18) Thorn scratches; and, (5) Disease; (17) Other means. (19) Other means. (6) Dryness or mushy condition; (d) For tolerances see § 51.761. (d) For tolerances see § 51.761. (7) Green spots; (8) Hail; § 51.752 U.S. No. 1 Bright. (9) Insects; § 51.760 Unclassified. The requirements for this grade are (10) o11 spots; ' (11) "UnclasIfLed consists of grapefruit the same as for the U.S. No. 1 except Scab; which have not been classified in accord- that no fruit may have more than one- (12) Scale; (13) Sears; ance with any of the forezoing grades. fifth of its surface, in the aggregate, The term "unclassified" Is not a grade affected by discoloration. (14) Skin breakdown; (a) For tolerances see § 51.761. (15) Sprayburn; within the meaning of these standards (16) Sprouting; but Is provided as a designation to show § 51.753 U.S. No.1 Golden. (17) Sunburn; that no grade has been applied to the lot. (18) Thorn scratches; and, The requirements for this grade are Toi=n uczs the same as for US. No. 1 except that not (19) Other means. more than the number of fruits per- (d) For tolerances see § 51.761. § 51.761 Tolerances. mitted in § 51.761, Tables I and II, shall § 51.757 U.S. No.2 Bright. In order to allow for variations inci- have more than one-third of their sur- dent to proper grading and handling in face, in the aggregate, affected by dis- The requirements for this grade are coloration. the same as for U.S. No. 2 except that no each of the foregoing grades, based on (a) For tolerances see § 51.761. fruit may have more than one-fifth of Its sample inspection, the number of de- surface, in the aggregate, affected by dis- fective or off-size specimens in the in- § 51.754 U.S. No.1 Bronze. coloration. dividual sample, and the number of The requirements for this grade are (a) For tolerances see § 51.761. defective or off-size specimens in the lot, the same as for U.S. No. 1 except that all § 51.758 U.S. No.2 Russet. shall be within the limitations specified fruit-must show some discoloration. Not The requirements for this grade are in Tables I and IL No tolerance shall less than the number of fruits required the same as for U.S. No. 2 except that not apply to wormy fruit.

FEDERAL REGISTER, VOL 32, NO. 131-SATURDAY, JULY 1, 1967 10086 PROPOSED RULE MAKING

TABLz 1-SmpixP PorsTt (a) YOR I TIOUGH 20 S.AMPLS

780tor Grades A16 2 Number of33-count samples I

Decy U.S. Fancy.--- - D..No.c.. 1 0 0 0 1 1 2T2 2 12 2 2 i 3 3 3 st 3 41 4 4 U.S. No. 2 ------

U.S.No. 3 ------1 0 1 11 1 2 2 3 34 s3)a)32 4 4 5 '6

Very serious U.S. Fany - damage includ- U.S. No. 1 ---- 4 3 5 7 8 10 11 13 14 16 17 18 20 21 23 24 2 2 28 31 Ing decay. U.S. No. 2......

Total defects In. All 5 5 9 12 16 19 22 25 28 31 34 37 40 44 48 49 52 55 8 0164 cluding decay and very serious dam- a g e. - i

offsw------7 5 12)16) 1 22)25) 2) 31) 34)37)40 44)46)49)52)6 58)01 A

Discoloration U.S. No. 1..... 7 9 12 16 19 22 25 28 31 34 37 0 44 4 4W U.S.Bright. No. 1 I U.SNo 5 J7 9 12 15 19 2 5 8 104 172 40 454 9 152 1578 1 IV4 U.S No.1 16 13 23 34 44 54 63 73 83 921102 112122 131 140 150 1 18

Golden. I I I

Acceptance numbers ' (minimum required)

U.S. No.1 Bronze. 6 9 20 32 44 56 68 81 93 105 118 130 142 165 168 180 193 2W 218 Z31 2 U.S. No. I Russet. j

USN23ust10 121 4) 1 8 11) 1418) 121)1 25) 26) 32)360)39)1 43) 47) o a 57) 1)

FEDERAL REGISTER, VOL 32, NO. 131-SATURDAY, JULY 8, 1967 PROPOSED RULE MAKING 10OS7

(b) ron 21 T0u=,oU 40 AuniT

Factor Grades ... NumbbALo e cutapes 1

225 M6 3 w 37 33 ' 39 10

Aeseptanco nn mz' (naxlmumrczlte)

Decay - U.S. Fnnyaa U.S. No.L. 1 4 4 S4 4 4 5 5 5 I s 5 6 6 6 6 t U.S.No. 2_- I U.S.No.3 1 5 0 6 0 so 0 7 7 j 7 S 7 8 8 8 8 8 9 9 9 9

Verydamg serious ulnud- U.S. V.Fancy. 1 ... / 4 32 U 5 D3 C3 C3 40 4-2 43 44 45 47 43 4:3 n1 &2 M3 U M ng deeay. U.S. No. 2..4

Total cludingdefectsln- decay All 5 67 70 73 70 70 82 84 87 C-3 V3 V3 21 210 10 110 113 MG U9 and very serious damage.

Off-Size 7 67 70 73 70 TO 27 C2 113 11 1I

Discoloration U.S. No. 1... U.S. No.1 Bright. 67 70 73 76 79 82 84 87 0 C C-3 V3 2 123 197 110 U3 116 113 "U.S. No. 2 ..... 17 U.S. No. 2 Bright. P I

U.S. No. 1 16" 230 216 225 234 217 z i 27t15012-73 . 31, 313 M1 i Z ' .,' 374 Z2- Golden. _ L l

Acc ptanzo numhzr-A nminum IclurJ-) U.S. No. 1 | Bronze. 6 2 , = 2H 320 333 345M -11,13 M ;3 C 4M 4 4 4T 1:0 473 4:13 U.S.BRusst.NO. 1

U.S.'No.2 0 72 74 0 9 E3 o2 C3 C.1 103 1 07110 114 1im 1o 1 137 141 - ,_t. I i i 1 IShipping point, as used in these standards, means the point of origin of the rlp. S faznpob dz-3 cent. mentintheproductionareaoratportoflodlngforshipstoresor overseas shipments 'Aptanc mmL jf~-,smn CmYninl nm umtate cf dcr:cUo Cr cZ-L .ze or in the case of shipments from outside the continental United States, the port of fruit patd. entry into the United States. ,rcnII numntcr ciTrmp .:3 thiW=ccpare nmtnlcr. .A.-Absoiutelimit permitted in individual 33-count rample.

FEDERAL REGISTER, VOL 32, NO. 131-SATURDAY, JUlY 3, 1967 10088 PROPOSED RULE MAKING

TABJx II-rw RouTs oR iT DZxsTmnAToN

Grad- ALI -aotoc Number of 33-count samplea 2

17 2 3 4 5 1 1 8 1 1 10 1n 12 1is 14 1 15 15 17 18 1920

Acceptance numbers I (maximum permitted)

DeAsy All 3 1 2 3 4 5 6 7 47 8 9 49 10 11 411 12 13 413 14 '14 1

Very serious U.S. Fancy damaeother U.S" No. 1 - 4 3 5 7 8 10 11 13 14 16 17 18 20 21 23 24 26 27 28 30 31 than decay U.S. No.2 ---

Total defects including very serious damage All 5 5 9 12 16 19 22 25 28 31 34 37 40 44 46 49 52 SS 88 1 4 other than decay.

Off-size- - ...... 7 5 9 12 16 19 22 25 28 31 34 37 40 44 46 49 82 5 8 804

Discoloration U.S. No. 1..... U.S. No. 1 Bright. U.S. No. 2..... ofI 84 U.S. No. 2 Bright.

U.S. No. 1 231 34 73 831 921 1021 112 1221 131 Golden. Acceptance numbers 3 (minimum required) U.S. No. 1 Bronze. U.S. No. I Russet.

U.S. No. 2 Russet

I AL-Absolute limit permitted in Individual 33-count sample. 3 Acceptance number-Maximum or minumum numer of def'tlve or off-slin frilit ISample sise--33 count. permitted. referred number of samples for this acceptance number. STANDARD PACK TABLE II-DIAMETER IN INCHES DEFINITIONS § 51.762 Standard pack. Pack fMinimum Maximum § 51.763 Similar varietal characteriltics. (a) Fruits shall be fairly uniform in "Simi i a r varietal characteristics" size, unless specified as uniform in size, 36's ------5 5M6 means that the fruits In any container and when 45's or 46's------4% 5M4e are similar in color and shape. packed in boxes or cartons, 54's or 56's ------4%e 416 shall be arranged according to the ap- 4s ------4he 41e § 51.764 Well colored. proved and recognized methods. Each 7s or 72's ------31%e 4%e 80's ------3%3 414e wrapped fruit shall be fairly well en- 3%e 4Me "Well colored" means that the fruit Is closed by its individual wrapper. 112's------3%'6 4 yellow in color with practically no trace (b) All such containers shall be 125's or 126's------3)to 31ma of green color. tightly packed and well filled but the con- § 51.765 Firm. tents shall not show excessive or unneces- (d) "Uniform in size" means that not sary bruising because of overfilled pack- "Firm" means that the fruit Is not soft, more than the number of fruits permit- or noticeably wilted or flabby, and the ages. When grapefruits are packed in ted in § 51.761, Tables I and I1, vary standard nailed boxes, each box shal skin is not spongy or puffy.. more than the following amounts: have a minimum bulge of 2 inches, except § 51.766 Well formed. that boxes packed with grapefruit of a (1) 64 size and smaller-not more than % inch in diameter. "Well formed" means that the fruit size 80 or smaller need only have a bulge 6 has the shape characteristio of the of 1 Y inches. When packed in cartons or (2) 54 size and larger-not more than variety. in wire-bound boxes, each container shall %o inch in diameter. be at least level full at time of packing. (e) In order to allow for variations, § 51.767 Mature. (c) "Fairly uniform in size" means other than sizing, incident to proper that not more than the number of fruits "Mature" shall have the same meaning permitted in § 51.761, Tables I and II, packing, not more than 5 percent of the currently assigned that term In sections are outside the ranges of diameters given packages in any lot may fail to meet the 601.16, 601.17, and 601.18 of the Florida in the following table for various packs: requirements of standard pack. Citrus Code of 1949, as amended (Cho.

FEDERAL REGISTER, VOL. 32; NO. 131-SATURDAY, JULY 8, 1967 PROPOSED RULE MAKING 100S9

28090 and-29760, Laws of Florida, 1953 pearance, or the edible or marketing § 51.781 Very serious damage. and 1955), or as the definition of such quality of the fruit. "Very serious damage" means any spe- term may hereafter be amended. § 51.778 Slightly colored. cllc defect described In § 51.783, Table § 51.768 Smooth texture. "Slightly colored" means that except IV; or an equally objectionable varia- "Smooth texture" means that the skin for two inches in the aggregate of green tion of any one of these defects, any is thin and smooth for the variety and color, the remainder of the fruit surface other defect, or any combination of de- shows some yellow color. fects, which very seriously detracts from size of the fruit. the appearance, or the edible or market- § 51.769 Injury. § 51.779 Misshapen. ing quality of the fruit. "Injury" means any specific defect 'Misshapen" means that the fruit Is §51.782 Diameter. described In § 51.783, Table IV; or an decidedly elongated, pointed, or flat- equally objectionable variation of any sided. 'Diameter" means the greatest dimen- one of these defects, any other defect, or § 51.780 Slightly spongy. slon measured at right angles to a line any combination of defects, which from stem to blossom end. slightly detracts from the appearance, or "Slightly spongy" means that the fruit the edible or marketing quality of the Is puffy or slightly wilted but not flabby. § 51.783 Cassification of defects. fruit. TAnLn IV § 51.770 Discoloration. Factor "Discoloration" means russeting of a f Thuzy J D-mz a~urad~C-,--~e light shade of golden brown caused by U J. LI...... E.r,am crated r A g.,h mare than rust mite or other means. Lighter shades rrc.k ty-. d~at 21 aZ.7rC-aZ- 2T Ycof the of discoloration caused by superficial we thana Iack h I df. scars or other means may be allowed on am Cr aa701z7 a greater area, or darker shades may be iam frailt'. Cucdizadn...... allowed on a lesser area, provided no dis- t aaa ckrC:0 W than25 rarCnT cof than COrceccnt c! coloration caused by speck type melanose ICrhm In dianc~er tho cafzee. or other means may detract from the ap- on a 70 cIozegrop pearance of the fruit to a greater extent Caked melanove... . Agn'cZattnfruit. m ' than the shade and amount of discolora- than 25 ci orfr 112± In dLamcrr n ada1lca a -60 AfgtIthozWfzcu. z =ilrea tion allowed in the grade. riea gra.uII. frult. § 51.771 Fairly well colored. Dryne2s 13u±hy ... Affcz-Unv all r-,cn!3 Affrar:i! all r Affectin7 al1 a az mcro thanjKr1h mzaet-at tothana tfzre. .e 1 =-a than A irn! "Fairly well colored" means that, ex- atfrn. ot e atctcmcmd, the aetcmd2. r-, rt cept for an aggregate area of green color equivazcnt, C th lrlWdato tbn c2wva!=rnt cf thTt astant, by vo:mN, fantbyvolnmocirc!3 I/1=12i awcanibyvolu=, which does not exceed the area of a circle when crrrz In whcn cccrrlr- La 1 inch in diameter, the yellow or orange the fruit. tLh= rcrmtbrI n -color predominates over the green color. Gra spots...... !Icre tan rlIgbUy Moro than 10 rr!3 M mrthan5 r ac cu:td by n!",% carrad by cm!?, § 51.772 Fairly smooth texture. ance. 1et t to . nf "Fairly smooth texture" means that alo,i e1e2±la the skin is fairly thin and not coarse for dtham an a 70 dn ,L4".V70 the variety and size of the fruit. t~zeCarfrult. Not wcli hma!cl, cr 1 C,.*T, C are_ No t r !ha2dach § 51.773 Damage. t n circle % IrI10jr1t3FrUWt. n catr on a T,0re Inchindlazncr Mn bmalcr3 a 70 Iandlatcrona70 "Damage" means any specific defect onlk 70rie Cice grarcaful. Cizzegnr2rwt1. described in § 51.783, Table IV; or an 0 .spots...... grapfrult. Moere than rftbtly o h t, Mcmrtban1Gcpv1,cr equally objectionable variation of any ahfAlcag appear. filethan j'zmc. a clrao I",lr±r one of these defects, any other defect, or on,,. in dmacr c a 70 io '. #in marT any combination of defects, which ma- ladiamazarcaa70 rizecnha grapfrn13.irti212nth terially detracts from the appearance, or Scab ...... _1...... __ Materially drtrac13 the edible or marketing quality of the from the c or tha frui. tature, or z_2tc. texture,'1erc- fruit. uir! msm a a § 51.774 Fairly firm. a a na 70 t tan 2* Tcrcent fl driogra c tl. cIza Crapefralt. the fru. "Fairly firm" means that the fruit may Moe than a fewr Dl!ch in - be slightly soft, but not bruised, and the z~l.ccat tothe mo2re than a circle "buttaa" at the d aZ thinr 0clr, I 1I damCear, thaaacize. skin is not spongy, or puffy. rtcza cad, ar or c'aarri4 r23a r ccurring ra a more than Oarat. rtr2z mcre thana rinj maze than a § 51.775 Slightly misshapen. tecd on ciLtrr crok 4 n trLa3 c.'e~ 2!/ lrzh.. In Ot11na CItho dfractaan a 70 dlamcteroCaa70 "Slightly misshapen" means that the Ihe graverult. fruit has fairly good shape character- Scars.------. Drprca.rd. net CnZO:bga ira3 Deep, rca±.h c: Istic.of the variety and is not more than rmor-th, or do. w.acrzrI. ukfzhtly that slightly elongated or pointed or other- tracts from op. ri1a awl alo. fromaazar-C 0prar13 , tho wise deformed. than amcunt Dnin. mc- on n 7r =,-ant ci dlczear- o! dicalrrIon rhaioaman atrcIyof dl.7 c.r aila gacrmittedl In § 51.776 Slightly rough texture. pe mitted Inthe allonri g1mlted Ia tho Vr 1. grado. the mdae. "Slightly rough texture" means that Skin breakdown.. A.&re-atlti more Affectin'- more than the skin may be slightly thick but not thani, clc7'a I% 11 than aCr'a -6Ir excessively thick, materially ridged or ie Empefrult. dlza e ~rulaft. Sprayburn...... Aa'7res;attns. more grooved. mare than a adrdo th-25erCeaZ cf In dLaicla on a 70 the rurare. § 51.777 Serious damage. ri e grargfrult. zdl-Ic-1.Caa7 0 Cize mrclarait. "Serious damage" means any specific Sprouting ...... 2!are than 0 rcmb. 21!a=0 than a rccd3 Moare than 0 ceed3 arorprazted.ca 1210agrcuted. ar awe sprouited ar defect described in § 51.783, Table IV; mae than I rprcut "r,21cthan 1 tPZ =,re than I upzcut or an equally objectionable variation of 13ma than Y 13 mre tbanA~t-zh 15 mom12than S/ lath any one of these defects, any other de- In I natb In Isnath. jafraglb. fect, or any combination of defects, which seriously detracts from the ap-

FEDERAL REGISTER, VOL 32, NO. 131-SATURDAY, JULY 8, 1967 10090 PROPOSED RULE MAKING

TABLz IV-Continue4 in writing to: Chief, Fresh Products Standardization and Inspection Branch, Factor Injury Damage Serious damage Very serious damage Fruit and Vegetable Division, C&MS, U.S. Department of Agriculture, Wash- Sunburn ...... Skin is flattened, dry, Skin is hard and Affecting more than darkened, or hard affects more than 50 percent of the ington, D.C. 20250. and the affected one-third of the surface. The proposed standards, as revised, area exceeds 25 surface. are as follows: surface.percent of the GZNRAL See. Thorn scratches... Not well healed, or Not well heeled, or Not well healed, or Affecting more thethan more unsightly hard concentrated hard concentratedaggre- 25surface. percent of 51.1140 General. than discoloration thorn injury aggre- thorn injury permitted in the gating more than a gating more than a GRtADX grade. circle 2 inch in circle 1 inch in diameter on a 70 diameter on a 70 51.1141 U.s. Fancy. size grapefruit, size grapefruit. 51.1142 U.S. No. 1 Bright. 51.143 U.S. NO. 1. Dated: June 28, 1967. 51.1144 U.S. No. 1 Golden, G. R. GRANGE, 51.1145 U.S. No.1 Bronze. Deputyi Administrator, Marketing Services. 51.1145 U.S. No. 1 Ruset. 51.1147 U.S. No. 2 Bright. Fl.R. Dec. 67-7518; Filed, July 7, 1967; 8:45 am.] 51.1148 U.S. No. 2. 51.1149 U.S. No. 2 Russet. r7 CFR Part 51 1 control aid during the packing process 51.1150 U.S. No. 3. as well as for establishing the grade of UNCLASSIWI FLORIDA ORANGES AND TANGELOS oranges on a lot basis. This would bring 51.1151 Unclassified. Standards for Grades I about more uniformity and better indus- try understanding of the grade standards. ToLxNnAsc Notice Is hereby given that the U.S. The Florida Citrus industry has re- 51.1152 Tolerances. Department of Agriculture is consider- quested that this new concept be adopted ing the revision of U.S. Standards for and incorporated in the standards. This STANDARD PACX Grades of Florida Oranges and Tangelos would require the following changes in 51.1153 Standard pack. (7 CFR 51.1140-51.1179) pursuant to the the presentation of tolerances: STANWM.W SIzINO Agricultural Marketing Act of 1946 (60 (1) In selecting samples for grade de- Stat. 1067, as amended; 7 U.S.C. 1621- termination, each sample would consist 51.1154 Standard sizing. 1627). of 50 oranges. When individual packages DzFINrTIONS All persons who desire tq submit writ- contain at least 50 oranges, the sample is 51.1155 Similar varietal characteristic. ten data, views, or arguments for con- drawn from one package; when individ- 51.1155 Well colored. sideration in connection with the pro- ual packages contain less than 50 or- 51.1157 Firm. posal should file the same in duplicate, anges a sufficient number of adjoining 51.1158 Well formed. not later than July 31, 1967, with the packages would be combined to form a 51.1159 Mature. Hearing Clerk, U.S. Department of Ag- 50-orange sample. The sample size would 51.1160 Smooth texture. riculture, Room 112, Administration be constant regardless of the size of the 51.1161 Injury. Building, Washington, D.C. 20250, where containers. 51.1162 Discoloration. (2) Tolerances: The 51.1163 Fairly smooth texture. they will be available for public inspec- tolerances for 51.1164 Damage. tion during official hours of business defects would be specified as acceptance 51.1165 Fairly well colored. (par. (b) of § 1.27, as amended at 29 F.R. numbers. The total maximum or mini- 51.1166 Reasonably well colored. 7311). mum number of defective or off-size 51.1167 Fairly firm. Statement of considerationsleading to oranges would be specified for all sam- 51.1168 Slightly misshapen. the proposed revision of the grade stand- ples selected for grade determination in 51.1169 Slightly rough texture. ards. Trends in production and market- the lot. 51.1170 Serious damage. (3) Under the proposal, 51.1171 Misshapen. ing practices, over the past few years, Individual 50 51.1172 Slightly spongy. have prompted a revision of the U.S. count samples would be limited to a 511173 Very serious damage. Standards for Grades of Florida Oranges maximum number of defective or off- 51.1174 Diameter. and Tangelos which have been in effect size oranges permitted, or to a minimum 51.1175 Clasification of defects. number of oranges since 1960. having the amount of STANDARDS FOR INTziNAL QuALrry or CoMmoN In proposing this revision, the U.S. discoloration required in certain grades. Swzrr ORANcxs (Crraus SINEisIS (L) Department of Agriculture is introducing This limitation would be specified in the Osaxcsc) a new concept in grade standards which tolerance tables under the absolute limit 51.1176 U.S. Grade AA Juice (Double A). would involve the use of statistical prin- heading, and would replace the Applica- 51.1177 U.S. Grade A Juice. ciples and procedures in the application tion of Tolerances section in the exist- 51.1178 Maximum anhydrous cltrlo acid of tolerances to a greater extent than ing standards. permissible for corresponding to- heretofore. In these standards a new format is tal soluble solids. During the 1966-67 harvest season ex- proposed in an effort to arrange in logi- 51.1179 Method of juice extraction. perimental studies were conducted in a cal order the various requirements for AuT33oRan: The provisions of this subpart number of Florida fresh fruit packing- the particular grade. This would pro- issued under secs. 203, 205, 60 Stat, 1087, as houses utilizing these statistical pro- mote uniformity and bring about better amended, 100 as amended; 7 U.S.O. 1022, cedures. As a result of these studies and understanding and simplification of the 1624. demonstrations, a quality control master standards. GENERAL note sheet was developed A new Classification of Defects sec- and used un- § 51.1140 General. der continuous" inspection operations. tion would be provided which lists the The note sheet graphically presents the various grade defects with limitations The standards contained In this sub- quality level being packed during any for these defects under the injury, dam- part apply only to the common or sweet given period in the day. The proposal age, serious damage, and very serious orange group and varieties and hybrids would involve the use of this quality damage headings. of varieties belonging to the Mandarin Representatives of the United States group, except tangerines, and to the IPacklng of the product in conformity Department of Agriculture will be avail- citrus fruit commonly known as with the requirements of these standards able upon appointment to discuss and "tangelo"-a hybrid between tangerine shall not excuse failure to comply with the demonstrate the proposed revision to in- or mandarin orange (citrus reticulata) provisions of the Federal Food, Drug, and terested persons during the period pro- with either the grapefruit or pomelo (C. Cosmetic Act or with applicable State laws vided for submitting comments. Request paradisi and C. grandis). Separate U.S. and regulations. for such appointments should be made Standards apply to tangerines, The

FEDERAL REGISTER, VOL 32, NO. 131-SATURDAY, JULY 8, 1967 PROPOSED RULE MAKING 10091 standards for internal quality contained (I)Early and midseason varieties (a) For tolerances see § 511152. in §§ 51.1176 through 51.1179 apply only shall be fairly well colored. (b)Internal quality: to common sweet oranges (citrus sinensis (Ci) For Valencla and other late vari- (1) Lots meeting the internal require- (L)Osbeck). eties, not less than 50 percent, by count, ments for "U.S. Grade AA Juice (Double GRADES shall be fairly well colored and the re- A)" or "U.S. Grade A Juice" may be so mainder reasonably well colored. specified n connection with the grade. § 51.1141 U.S.Fancy. (2) Discoloration: (See §§ 51.1176-51.1179.) "U.S. Fancy" consists of oranges which (i)Not more than one-third of the meet the following requirements: surface, in the aggregate, may be affected § 51.1146 US.No.lRusset. (a) Basic requirements: by discoloration. (See § 5111G2.) The requirements for this grade are (1) Discoloration: (3) Fairly smooth texture; the same as for U.S. No. 1 except that not (i) Not more than one-tenth of the (4) Firm; less than the number of fruits required surface, in the aggregate, may be af- (5) Mature; In § 51.1152, Tables I and 3, shall have fected by discoloration. (See § 51.1162.) (6) Similar varietal characteristics; more than one-third of their surface, in (2) Firm; and, the aggrezate, affected by any type of (3) Mature; (7)Well formed. discoloration. (4) Similar varietal characteristics; (b)Free from: a) For tolerances see § 51.1152. (5) Smooth texture; (1) Cuts not healed; (b) Internal quality: (6) Well colored; and, (2) Bruises; (1) Lots meeting the Internal require- (7) Well formed. (3) Decay; ments for "US.Grade AA Juice (Double (b) Free from: (4) Growth cracks; and, A)" or "US.Grade A Juice" may be so (1)Ammonation; (5) Wormy fruit. specified In connection with the grade. (2) Bruises; (C)Free from damage cauzed by: (See § 51.1176-5L1179.) (3) Buckskin; (1)Ammoniation; § 51.1147 U.S. No. 2 Bright. (4) Caked melanose; (2) Buckskin; (5) Creasing; (3) Caked melanose; The requirements for this grade are the (6) Cuts not healed; (4) Creasing; same as for US. No. 2 except that no (7) Decay; (5) Dirt or other foreign material; fruit may have more than one-fifth of (8) Growth cracks; (6) Disease; its surface, In the aggregate, affected by (9) Scab; (7) Dryness or mushy condition: dis-coloration. (10) Split navels; (8) Green spots; (a) For tolerances see § 51.1152. (11) Sprayburn; (9) Hail; (b) Internal quality: (12) Undeveloped segments; and, (10) Insects; (1) Lots meeting the Internal require- (13) Wormy fruit. (11) Oil spots; ments for "U1S. Grade AA Juice (Double (c)Free from injury caused by: (12) Riciness or woodiness; A)" or "U.S. Grade A Juice" may be so (1) Green spots; (13) Scab; specified in connection with the grade. (2)Oil spots; (14) Scale; (See §§ 51.1176-51.1179.) (3) Rough, wide or protruding navels; (15) Scars; (4)Scale; (16) Skin breakdown: § 51.1143 U.S. No. 2. (5) Scars; (17) Split, rough or protruding navels; "U.S. No. 2" consists of oranges. which (6) Skin breakdawn and, (18) Sprayburn; meet thb following requirements: (7) Thorn scratches. (19) Sunburn; (C)Basic requirements: (d) Free from damage caused by: (20) Thorn scratches; and, (1)Discoloration: (1) Dirt or other foreign material; (21) Other means. (i)Not more than one-half of the sur- (2) Disease; (d) For tolerances see § 51.1152. face, in the aggrezate, may.be affected (3) Dryness or mushy condition; (e)Internal quality: by discoloration. (See § 51.1162.) (4) Hail; (1)Lots meeting the internal require- (2) Fairly firm; (5) Insects; ments for "U.S. Grade AA Juice (Double (3) Mature; (6) Riciness or woodiness; A)" or "US. Grade A Juice" may be so (4) Reasonably well colored; (7) Sunburn; and, specified in connection with the grade. (5) Simila varietal characteristie'; (8) Other means. (See §§ 51.1176-51.1179.) (6) Slightly mlszhapen; and. (e)For Tolerances see § 511152. § 51.1144 U.S. No.1 Golden. (7)Slightly rough texture. (f)Internal quality: (b) Free from: (1) Lots meeting the internal re- The requirements for this grade are the (1) Bruises; quirements for "U.S. Grade AA Juice same as for US. No. 1 except that not (2)Cuts not healed; (Double A)" or "U.S. Grade A Juice" more than the number of fruits permit- (3) Decay; may be so specified in connection with ted in § 51.1152, Tables I and I, shall (4) Growth cracks; and, the grade. (See §§ 51-1176-51.1179.) have more than one-third of their sur- (5) Wormy fruit face, in the aggregate, affected by dis- (c)Free from serious damage caused § 51.1142 U.S. No. LBright. coloration. by: The requirements for this grade are (a) For tolerances see § 51.1152. (1) Ammonlatfon; the same as for U.S. No. 1 except that Cb) Internal quality: (2) Buckskin; no fruit may have more than one-fifth (1)Lots meeting the internal require- (3) Caked melanose; of its surface, in the aggregate, affected ments for "U.S. Grade AA Juice (Double (4) Creasing; by discoloration. A)" or "U.S. Grade A Juice" may be so (5) Dirt or other foreign material; (a) For tolerances see § 51.1152. specified in connection with the grade. (6)Disseze; (b) Internal quality: (See H9 51.1176-51.1179.) (7) Dryness or mushy condition; (1) Lots meeting the Internal require- (8) Green spots; ments for "U.S. Grade AA. Juice (Dou- § 51.1145 U.S.No. lBronze. (9) Hall; ble A)" or "US. Grade A Juice" may The requirements for this grade are the (10) Insects; be so specified in connection with the same as for US. No. 1 except that all (11) Ol spots; grade. (See §§ 51.1176-51.1179.) fruit must show some discoloration. Not (12) Rlcinezs or woodiness; less than the number of fruits required (13) Scab; § 51.1143 U.S. No. 1. in § 51.1152, Tables I and II, shall have (14) Scale; "U.S. No. 1" consists of oranges which more than one-third of their surface, In (s) Sears; meet the following requirements: the aggregate, affected by discoloration. (16) Skin breakdown; (a)Basic requirements: The predominating discoloration on (17) Split, rough or protruding (1) Color: these fruits shall be of rust mite type. navels;

IFEDERAL REGISTER, VOL 32, NO. 131-SATURDAY, JULY 8. 1967 No. 131-Pt. I-7 10092 PROPOSED RULE MAKING (18) Sprayburn; (3) Poorly colored: (19) Other means. (19) Sunburn; (i) Not more than 25 percent of the (d) For tolerances see 1 51.1152. (20) Thorn scratches; and, surface may be of a solid dark green (e) Internal quality: (21) Other means. color. (1) Lots meeting the internal require- (d) For tolerances see 1 51.1152. (4) Rough texture, not seriously ments for "U.S. Grade AA Juice (Double (e) Internal quality: lumpy; A)" or "U.S. Grade A Juice" may be so (1) Lots meeting the internal require- (5) Similar varietal characteristics; specified in connection with the grade. ments for "U.S. Grade AA Juice (Double and, (See H1 51.1176-51.1179.) A)" or "U.S. Grade A Juice" may be so (6) Slightly spongy. UNCLASSIFIED specified in connection with the grade. (b) Free from: (See If 51.1176-51.1179.) (1) Cuts not healed; § 51.1151 Unclasified. (2) Decay; and, "Unclassified" consists of oranges § 51.1149 U.S. No. 2 Russet. (3) Wormy fruit. which have not been classified in accord- The requirements for this grade are (c) Free from very serious damage ance with any of the foregoing grades. the same as for U.S. No. 2 except that not caused by: The term "unclassified" is not a grade less than the number of fruits required (1) Ammonlation; within the meaning of these standards in 1 51.1152, Tables I and II, shall have (2) Bruises; but is provided as a designation to show more than one-half of their surface, in (3) Buckskin; that no grade has been applied to the the aggregate, affected by discoloration. (4) Caked melanose; lot. (a) For tolerances see 1 51.1152. (5) Creasing; TOLERANCES (b) Internal quality: (6) Disease; - § 51.1152 Tolerances. (1) Lots meeting the internal require- (7) Dryness or mushy condition; ments for "U.S. Grade AA Juice (Double (8) Growth cracks; In order to allow for variation, incl-' A)" or "U.S. Grade A Juice" may be so (9) Hail; dent to proper grading and handling in specified in connection with the grade. (10) Insects; each of the foregoing grades, based on (See §§ 51.1176-51.1179.) (11) Riciness or woodiness; sample inspection, the number of de- (12) Scab; fective or off-size specimens in the Indi- § 51.1150 U.S.No.3. (13) Scale; vidual sample, and the number of de- "U.S. No. 3" consists of oranges which (14) Scars; fective or off-size specimens In the lot, (15) Skin breakdown; meet the following requirements: shall be within the limitations specified (a) Basic requirements: (16) Split navels; (1) Mature; (17) Sprayburn; in Tables I and II. No tolerance shall (2) Misshapen; (18) Sunburn; and, apply to wormy fruit. TASLi I-SmPjxo PoiNT 1 (a) FOR 1 T1IROU0II 20 SAMMLS

Number of -count samples' Factor Grades AL' 7 $ 1 9; 1 10 11 12 Ia 14 15 is 1 19

Acceptance numbers I (maximum permitted)

U.S. Fancy ... 1 Decay U.S. No.1 - 1 0 1 81 1 2 '2 2 3 3 3 93 3 4 4 $4 4 a 5 5 U.S. No. 2......

U.S. No. 3 2 0 1 2 52 2 '3 3 4 4 '4 a 5 '5 6 6 86 6 7 7 $7

Very serious U.S. Fancy.. damage lnclud- U.S. No. 1 6 4 6 9 11 14 16 18 20 22 24 26 28 30 33 38 37 39 41 43 4 Ing decay. U.S. No.2.

Total defects in- cluding decay ALL 8 7 12 17 22 27 32 36 41 4 80 54 59 63 68 72 76 81 55 90 94 snd very serious mag.

Off-size 10 7 12 17 22 27 32 36 41 45 0 54 to 63 68 72 76 $1 8 904

U.S. No. I ----- U.S.Bright No. I U.S. o2... 36 1 41 go1 94 U.S. No. 2 Bright.

Dlscolorat ion U.S. NO. 1 22 18 34 49 64 80 93109 122 138 121 126 180 194r726 2 2897 W3 Golden. I I i 1 I 0 ___

Acceptance numbers i (minimum required) U.S. No.1 Bronze. 11 8 32 51 69 88 106 125 144 162 182 201 1 220 24029 78 297 317 336 35 374 U.S.Russet. No. 1

U.S.No.2 Russet. 23 129 134 140 145 1 51 1 6 162 1 N 741 79 102 110

FEDERAL REGISTER, VOL. 32, NO. 131-SATURDAY, JULY 8, 1967 PROPOSED RULE MAKING 10093

(B) ron 2 Tm=oras co V.Usnn.

Factor Grades Aumbc ot.Cunt rmpz

A"cptanco numbc-s 4 (m umr.-mlttcJ) Deeay U.S. Fanny... I i i 7 T U.S.N. 1__ 1 55 61 a 6 s0 7 7 s 7 "U.S.No. 2--1 a 7 8S Sj '8a a 3

U.S.No.3 2 8 8 iS 8 9 0 6O 0 10 10 '10 U1 i1 el 11. 12 12 s12 12 13

Very serious U.S. Fanc_.. dge includ- U.S. No. I .... 6 47 0 U1 3 U tr8 C3 3 C22 A C( I| 73 1 -ngdecay. U.S. No. 2-.... (3 70 1 741 73 ED( 3

Total defects In- cluingdecay All 8 3 103 107 111 S 12GIM 137 141 IS I 1-14 1,13 3 17 71 17 1,3 seriousdage

Off-.slze 10 3 103 107 111 110 120 121 123 I 137 lU 14 M M U IM 1C7 171 173 ID

Discoloration U.S. No.... U.S. No. 1 'U.S.Bright.No. 2_.- 10 03 103 107 111 110 1M 121 123 13 127 141 1(3 1-0 1 3 IC3 1G7 17 17G E- U.S. No. 2 Bright. Golden.U..o.1 22 307 321 335 73 377M~ -1 I 1.I 44 M 7 1 T 01C5 C ,

U.S. No.1 I Bronze. 3M 413 433 .2 471 491 610 ,3C3 r :) (13 C47 C0i1 3 7(3 705 744 7 U.S. No. I M J Russet. 1 1 I 1 U.S. No. 2 1 1 114 12- 131 in7 14 149I,M 11 10 171- 1731 ~ 'l3 ' u s s t.[ I I I I

I Shipping point, as used in them standards, means the point of origin of tho Ehip- s m rlmpzn--3 caah ment In the production area or at port of loading for shp stores or ovrrs= Ebhpmenv-, 4Acz~ptnnco anurzc-Maimum C: miaiteuni numc ol d-: -ttva cr clZ-*, or in the cae of shipments from outside the continental United States, the port of fruit iruintcl. entry nto the UnIted States. 'rrczr cJ aum c cfram! tr thT xtL ua numter. A--Absolnte limit permitted Il individual 8-count sample.

FEDERAL REGISTER, VOL 32, NO. 131-ATURDAY, JULY 8, 1967 10094 PROPOSED RULE MAKING

TABLz II-ENX Ro iz Ox L DXa7MAnTAON

Number of 5-count samples2 Factor Grades AT., 113 12 14 15 16 1 1 10 111 112 1 114 15 is151171is I it 120 3 Acceptance numbers (maximum permitted)

Defty All 4 2 3 5 a 7 8 9 10 11 12 13 14 15 16 17 13 19 30 620 21

Very serious U.S. Fancy -4 thandamage decay. other U.S. No.No.1 2 ------.... 6 4 a 9 U 14 16 18 20 22 24 28 28 30 33 36 37 30 41 4345

Total defects in- All 8 7 12 17 22 27 32 36 41 45 50 54 59 63 68 72 76 81 85 90 94 eluding very otherserious than damage decay.

Ofsz------10 7 12 17 22(27 32 36 41 45 50 54 80 65 68 72 76 81 85 90 94

Discoloration U.S. No. . U.S. No. 1 Brigt. 110 7 12 17 22 27 32 U.S. Po. 2 ...... 36 41 4.5 0 54 59 63 68 72 76 81 35 00 94 U.S. No. 2 Bright.

U.S.o. 1 22 S 4 49 64 80 930 138 151 166 1IS 194 208 2372 2 279 220

Acceptance numbers 3 (minimum required)

Bronze. 11 15 32 51 69 88 10 125 144 162 182 201 220 240 259 278 297 317 330 3&1 374 U.S. No. 1 Ruset.

- U.S. No. 2 1 3 8 12 118 23 29 54140 45 51 56 62 Go 74 79 33191 102 100 Russet. I

I AI-Absolute limit permitted In individual 50-count sfImple. 'Acceptance number-maximum or minimum number of defe,ttve or oiff-Orm 2Sample size-50 count. fruit permitted. IPreferred number of samples for this acceptance number. STANDARD PACK following tables for the various types of TA lx IV § 51.1153 fruit and sizes of containers: (When Temple oranges and Tanglon are pa(.k, i In $ Standard pack. bushel flat wire-bound box) (a) Fruit shall be fairly uniform in "A.BL] Ms. size and shall be place packed in boxes or (When oranges, including navels, are packed in 1 Size and Mininum cartons and arranged according to the bushel wire-bound box) count Pack Rows Layers diamPwtr approved and recognized methods and in I icI's Size and Minimum shall meet the applicable size require- count Pack Rows Layers diameter ments set forth in this section. in Inches 's...... 4x5 ...... 4 a 3%s 66's------X5 ...... 4 3 3ii# (b) All containers shall be tightly 's------4x4 ..... 5 4 :4 ...... 6x5 ...... packed and well filled but the contents (4x4_..... 5 We O's _ 5 4 24ie shall not show excessive or unnecessary t00's- . or 126's ...... 7X6 . 6 4 Ls !.5 -...... 4 5 3mo bruising because of overfilled containers. ------125's 5x5 -- 32 (c) When packed in half-standard 163's - 17 x6...... 5 5 1%6 %-bushel nailed boxes or 13%-bushel 20's- .8x8..... 5 2'He Provided, That when Murcott honey or- 252's-.... 7...... 6 6 2%e anges are packed in this container, or wire-bound boxes, the bulge of any box 324's----- 9 x9-..... 6 6 2 is shall not exceed 1Y4 inches; when packed in %-bushel nailed box, or %-bushel wire-bound box, or %-bushel fiberboard In %-bushel wire-bound boxes including Provided, That when Navel oranges are the %-bushel fiat wire-bound boxes, the packed in this container, the sizes and carton, the sizes, packs, and minimum bulge of any box shall not exceed 1 inch; minimum diameter may be as follows: diameters shall be as follows: when packed in telescope cartons, the Minimum Minhnum bottom of each telescope cover, when in diameter Size and count Pack Layers dlanwvr place, shall not be more than 3/ inch Size and count in inches In Incies above the bottom of the carton container 96's------3%G 125's or 126's ------3& and each container shall be at least level 100's...... 4 x4 .-... 5 150's ------3 120's ...... 5Xi ...... 6 M ,o full at time of packing. 175's or 176's ------21F1 15's...... S (d) Fruit in 216's ------2Y, 176's. 6 2;I each container shall meet 210's. 5x5;. .... 252's------2'e 7 2 the size, count, minimum diameter, and 246'S...... ------6 X 6.... 288's or 294's ------2 294's 7x 7...... 7 pack arrangement given in one of the 324's ------24,

FEDERAL REGISTER, VOL. 32, NO. 131-SATURDAY, JULY 8, 1967 PROPOSED RULE MAKING 10095 TABLE V any combination of defects, which (W oranges Tempo, Navel orages and Tan s are packed, In 4/15bwre-bound box and 4/5 Damctcr In Inclc3 slightly detracts from the appearance, ushel fiberboard c=rton) SILo or the edible or marketing quality of the ______lflfITnI21Jlazmn fruit. Mlnimum § 51.1162 Discoloration. -Size Count Pack Rows Layers diameter In nches lows- ...... 1078e V I 9110 "Discoloration" means russeting of a light shade of golden brown caused by (4- ___.3x3-.. 4 4 3S{e rust mite or other means. Lighter shades 100's..----. os_.... or 3x2.__ 5 4 3W of discoloration caused by superficial 125's ---.-.6. 4x4. 4 4 376o sears or other means may be allowed on 163's___ fSO ;.-_o 5x5_ 4 4 2%71, (c) When oranges are packed in con- a greater area, or darker Shades may be S-0------4x4.- 4 5 2'i- tainers, in order to allow for variations rllowed on a lesser area, provided no dis- .. 0- 5x5-.-5 4 5 2340 coloration caused by speck type mela- tlO .... 4x4.. 5 5 241o Incident to proper packing, not more than 5 percent of the containers in any nose or other means may detract from 52'$--- 125.-- 5x5. 5 5 2;de the appearance of the fruit to a greater -7x6---- lot may fall to meet the requirements of 324's....I 163 r 7x . 5 5 214 standard sizing. extent than the shade and amount of 1163 .- 5.... L 6 6 2$e discoloration allowed for the grade. IDEFnUITIONS § 51.1163 Fairly smooth texture. Provided, That when Navel oranges are § 51.1155 Similar varietal characteris. packed in these containers, the size, tics. "Fairly smooth texture" means, that pack, count, and minimum diameter the sdn is fairly thin and not coarse for "Similar varietal characterLstics" the variety and size of the fruit. may be as follows: means that the fruits In any container are similar in color and Shape. 51.116- Damage. MInImum Size Count Pack Rows L3yer dlmer § 51.1156 Well colored. "Damage" means any specific defect In Inches described in § 51.1175, Table VI; or an "Well colored" means that the fruit is equally obJectionable. variation of any yellow or orange in color with practically 's------4 3x3- 4 4 31e. one of these defects, any other defect, or 1'sor 64 4x4 4 4 33O no trace of green color. any combination of defects, which mate- 12G's. 5x4-_ § 51.1157 Firm. rially detracts from the appearance, or 150's 72 .4 4 31 175'sor 83 4x3-. 5 5 2 ;1e the edible or marketing quality of the 176's. "Firm" as applied to common oranges 1 fruit. 216's------112 4x5.__ 5 5 2 7fe and tangelos means that the fruit Is not 252's...-I 125 5x5-- 5 5 25fe 283's- 150 6x6-. 5 5 291, soft, or noticeably wilted or flabby; as § 51.1165 Fairly well colored. 32'S...... 162 6x7-.. 5 -5 2 e applied to oranges of the Mandarin "Fairly well colored" means that, ex- group (Sat-sumas, King, Mandarin), cept for an aggregate area of green color (e) "Fairly uniform in size", as ap- "firm" means that the fruit Is not ex- which does not exceed the area of a plied to oranges packed in containers as tremely puffy, although the shin may circle 1 inch in diameter, the yellow or set forth in paragraph (d) of this sec- be slightly loose. orange color predominates over the tion, means that not more than the num- § 51.1158 Well formed. green color. ber of fruits permitted in § 51.1152, "Well formed" means that the fruit § 51.1166 Reasonably well colored. Tables I and IIH. are below the minimum has the shape diameters given for the various packs characteristic of the "Reasonably well colored" means that and vary more than the following variety. the yellow or orange color predominates amouhts: § 51.1159 Mature. over the green color on at least two- Diameter (a) thirds of the fruit surface, in the range "Mature" for other than Temple aggregate. Size in inches oranges shall have the same meaning 100's and 125's ..------i currently assigned that term in sections §51.1167 Fairly firm 163's and 200's------i 601.19 and 601.20 of the Florida Citrus "Fairly firm" as applied to common 252's and 324's------Code of 1949, as amended (ch. 25149, oranges and tangelos, means that the Laws of Florida, 1949). or as the defini- but not (f) In order to allow for variations in- tion of such term may hereafter' fruit may be slightly soft, cident to proper packing, not more than bruised; as applied to oranges of the be amended; Mandarin group (Satsumas, King, lkan- 5 percent of the containers in any lot (b) "Mature" for Temple oranges may fall to meet the requirements of darin), means that the skin of the fruit shall have the same meaning currently is not extremely puffy or extremely loose. standard pack. assignedthat term in sections 601.21 and STAN'DARD SIZNG 601.22 of the Florida Citrus Code of 1949, § 51.1163 Slightly mrissapen. as amended (ch. 26492, Laws of Florida, § 51.1154 Standard sizing. "Slightly misshapen" means that the 1951), or as the definition of such term fruit is not of the shape characteristic (a) Boxes, cartons, bag packs, or bulk may hereafter be amended; and, loads in which oranges of the variety but is not appreciably are not packed (c) "Mature" for Tangelos shall have elongated or pointed or otherwise according to a definite pattern do not the same meaning currently assgned deformed. meet the requirements of standard pack, that term in sections 601.231 and 60L232 but may be certified as meeting the re- of the Florida Citrus Code of 1949, as § 51.1169 Slightly rough texture. quirements of standard sizing: Provided, amended (ch. 29757, Laws of Florida, "Slightly rou-h texture" means that That the oranges are fairly uniform in 1955), or as the definition of such term the sldn I- not of smooth texture but is size as defined in this section: And pro- may hereafter be amended. not materially ridged, grooved, or vided further, That when packed in wrin1led. boxes or cartons the contents have been § 51.1160 Smooth texture. properly shaken down and the container "Smooth Texture" means that the § 51.1170 Serious damage. is at least level full at time of packing. skin Is thin and smooth for the variety "Serious damage" means any specific (b) "Fairly uniform in size" as applied and size of the fruit. defect described In § 51.1175, Table VI; to oranges packed as set forth in para- § 51.1161 Injury. or an equally objectionable variation of graph (a) of this section, means that not any one of these defects, any other de- more than the number of fruits permit- "Injury" means any specific defect fect, or any combination of defects, ted in § 51.1152, Tables I and 32, are out- described In § 51.1175, Table VI; or an which seriously detracts from the ap- side the range of diameters given for the equally objectionable variation of any pearance, or the edible or marketing following pack sizes: one of these defects, any other defect, or quality of the fruiL

FEDERAL REGISTER, VOL. 32, NO. 131-SATURDAY, JULY 8, 1967 10096 PROPOSED RULE MAKING

0 0 og

-0 ?. 01

bC4 '4 '

4'.., ~ t~. - 04) .4 414 4 cuS Q) as 0 Cd O 'C 04 .0 4)

z F4

0 0-. rt W .. .0 4 Z,1t, -' 40

~) 4-

0% u 0v .4 4- 4 -4 ~

.4 I'- U'

4 CO .4 - 0

'.4 1') 0 as 44 -I A-A 0

U w I- U' 4)a),. ..

0 02 0 . - .0 , 0 3 J 0 a w U. . k.- w~ 0:7 -(0,9*.=4~0 tp- 3 g_4' ob'o- adr 41 '4 0 4 **4

I ~ ~ ~ ~ Trm . x' ~- o. (4 *j

sc ;4 45~4 ; g 04 = e !a >- 44oEq 00 .m .5 1 4tVu0' 94

4-4 b 4 2 T J03 i4z

CL4~ 0. 4 . ~ . .-.

4)) 44 t e0 4' . x'..d4

I-3

0,C) CCO.' as lC *00 14 U . X: 0 PROPOSED RULE MAKING 10097

§ 51.1178 Maximum anhydrous citric of extra fine mesh to prevent passage of of 50 tangerines. When individual pack- acid permissible for corresponding juice cells, pulp, or seeds. ages contain at least 50 tangerines, the total soluble solids. is drawn from one package; Dated: June 28, 1967. sample For determining the grade of juice, 'when individual pacl:ages contain lez G. R. Grtzor, than 50 tangerines a suffclent number the maximum permissible anhydrous Deputy Administrator. of adjoining packages would be com- citric acid content in relation to corre- marketingServices. bined to form a 50-tangerine sampl, sponding total soluble solids in the fruit [P.R. Doe. 67-7519; Fled, July 7, 197; The sample size would be constant re- is set forth in the following Table VII 8:45 amL] gardlesa of the size of the containers- together with the minimum ratio of total (2) Tolerances: The tolerances for soluble solids to anhydrous defects would be specified as acceptance citric acid: [7 CFR Part 51] numberz. The total maximum or mini- TABLE VII mum number of defective or off-size tan- FLORIDA TANGERINES gerines would be specified for all samples Mifnimum Standards for Grades ' selected for grade determination in the Maximum ratio of lot.. Total soluble solids anhydrous total Notice is hereby given that the U.S. (3) Under the proposal, individual 50- (average percent) citric aeid soluble Department of Agriculture is considering count samples would be limited to a (average solids to the revision of U.S. Standards for Grades percent) auhittle. drousad maximum number of defective or off- of Florida Tangerines (7 CFR 51.1810- size tangerines permitted, or to a mini- 51.1834) pursuant to the Agricultural mum number of tangerines having the 9.0 ------0.947 9.50-1 Marketing Act of 1946 (60 Stat. 1087. as amount of discoloration required in cer- 9.1 ...... 963 9.45-1 amended; 7 U.S.C. 1621-1627). 9.2 ------...... 979 9.40-1 tain grades. This limitation 'would be 9.49.3------...... 995 9.35-1 All persons who desire to submit writ- specified in the tolerance tables under L011 9.30-1 ten data, views, or arguments for con- 9. 5 -- ---...... L.027 9.25-1 the absolute limit heading, and would re- 9.0 ...... sideration in connection with the pro- 1050L043 9.20-1 place the Application of Tolerances se- 9.7------9.15-1 posal should file the same in duplicate, tion in the existing standards. 9.8------. 9.10-1 9.9 ------.------... L 111094 9.05-1 not later than July 31, 1967, with the The requirements for the U.S. No. I 1O.L -.-..-. .- .-.--.-.-----. L M 9.00-1 Hearing Clerk, U.S. Department of Agri- Bronze and U.S. No. 1 Russet grades 8.95-1 culture, Room 112, Administration 10.2 ------.-.-.-.------. 8.90-1 Build- would be changed to correspond to the 10.3 ------.-.-- ...... LIW2 8.55-1 ing, Washington, D.C. 20250, where they U.S. No. 1 Bronze and U.S. No. 1 Ruszet 104. .------...------L200 8.80-1 will be available for public inspection 8.75-1 grades in the present Florida orange and ------. L218 during official hours of business (par. 10.6 ...... L 237 8.70-1 grapefruit standards. 10.7 ...... L2iiL1.4 & 55-1 (b) of § 1.27, as amended at 29 F.R. The existing Bronze grade requires 10.8 ...... 8.50-1 10.9 ...... L=7 7311). at least 75 percent of the fruit shall 1.1041.129 8.5s-1 that 11.0------.. . L3O0 8. 50-1 Statement of considerationsleading to show some discoloration and more than 111 ...... 8.50-1 the proposed revision of the gradestand- 11.2Z ------L318 8.50-1 20 percent shall have more than one- 11.3 ------8.50-1 ards. Trends In production and market- third of their surface affected with 11.4 ...... L 341 11.5 ...... L 8.5-1 ing practices, over the past few years, W3 8.50-1 bronzed russeting. 11.6------L376 8.0-1 have prompted a revision of the U.S. The proposed Bronze grade would re- 11.7 ------8. 50-1 Standards for Grades of Florida Tanger- 11_...... LM quire that all fruit must show some dis- 11.9 ------L412L 40 ines which have been in effect since 1910. coloration and rust mite type discolora- 12.0 ------L424 8. 50-1 In proposing this revision, the US. tion must predominate only on fruitz 12.1------L435 Department of Agriculture is introduc- 12.2------1400L447 8.8.50-1 ZO-1 showing more than one-third of their 12.3 ------L459 8.50-1 ing a new concept in grade standards surface discolored. This 'will accomplish 12.4 ...... L471 8.50-1 which would involve the use of statistical large amount of 12.5------8. 50-1 the elimination of a 12.6 ...... principles and procedures in the appli- other more objectionable types of dis- 12.7 ------L49i 8.50-1 8.50-1 cation of tolerances to a greater extent coloration. The change would facilitate 12.8 ...... L 50S 8.50-1 than heretofore. 12.9 ------L51741 8.50-1 the sorting procedure, eliminate time 13.0- 8.50-1 During the 1966-67 harvest season ex- consuming evaluation of the discolor- 13.1 - -- L 553 8.50-1 13.2 ------L14711 perimental studies were conducted in a ation on each frut and provide for a more 13.3 ------5G53 8.50-1 13.3. 1 59 8. 50-1 number of Florida fresh fruit packing- uniform flow of Bronze grade fruit to 13.4 ------8.50-1 13.5 ------houses utilizing these statistical pro- market. Corresponding changes would be L1494 8.50-1 13.6 ------8. 50-1 cedures. As a result of these studies and made In the Russet grade. 13.7 ------.-.--..... 1.612 181781.6 45 8. 50-1 demonstrations, a quality control master In these standards a new, format is 13.8,,,,,,,,,,,,,,,,,,,----- & 50-1 13.9------8.'0-1 note sheet was developed and used under proposed in an effort to arrange in logi- 14.0 ...... 8.50-1 continuous inspection operations. The cal order the various requirements for 14.1 ...... 8. 50-1 note sheet graphically presents the qual- the particular grade. This 14.2 ---- 1.56511576L 671 8. 50-1 'would promote 14.3 ...... 8.50-1 ity level being packed during any given uniformity and bring about better under- 14.4...... LI I 8. 50-1 period in the day. The proposal would standing and simplification of the 14.5 ...... 1.76 5 8.50-1 14.6------8.50-1 involve the use of this quality control standards. 14.7 ------..----...- L.72910824 14.,,,,,,,,,,,,,,,,,,... 1.635----L741 8.50-1 aid during the packing process as well A new Classification of Defects section- 1.753 8 50-1 as for establishing 14.9 ...... 8.50-1 the grade of tanger- would be provided which lists the var- 15.0 ...... 8. 50-1 ines on a lot basis. This would bring ious grade defects with limitations for 15.1 ...... 8.50-1 these defects under the injury, damage, 15.2 ------&,50-1 about more uniformity and better indus- 15.3 ------8. 50-1 try understanding of the grade stand- serious damage, and very serious damage 15.4 ------L812I 8.50-1 ards. The Florida citrus industry has 15.5 ...... 8.50-1 headings. 15.6 or m ore ------8.50-1 requested that this new concept be Reprezentatives of the US. Depart- aslopted and incorporated in the stand- ment of Agriculture will be available ards. This would require the following upon appointment to discuss and dem- § 51.1179 Method of juice extraction. changes in the presentation of onstrate the proposed revision to in- The juice used in the determining tolerances: terezted perons during the period pro- of (1) In selecting samples for grade de- solids, acid, vided for submitting comments. Request and juice content shall be termination, each sample would consist for such appointments should be made extracted from representative samples in writing to: Chief, Fresh Products as thoroughly as possible with a hand I Packing of the product in conformity Standardization and Inspection Branch, reamer or by such mechanical extractor with the requirements of thLso standards Fruit and Vegetable Division, C&MS, US. or extractors as may be approved. The shall not excuco failure to comply with the Department of Agriculture, Washington, juice shall be strained through cheese provisions of the Federal Food. Drug. and D.C. 20250. Cosmetic Act or with applicable State laws The proposed standards, as revised, are cloth or other approved straining device and regulations. as follows: FEDERAL REGISTER, VOL 32, NO. 131-SATURDAY, JULY 8, 1967 10098 PROPOSED RULE MAKING

GRADES (I) Not more than one-third of the (6) Disease; Sec. surface, in the aggregate, may be affected (7) Dryness or mushy condition; 51.1810 U.S. Fancy. 51.1811 U.S. No. 1. by discoloration. (See § 51.1825.) (8) Green spots; 51.1812 U.S. No. 1 Bronze. (2) Fairly well colored; (9) Hail; 51.1813 U.S. No. 1 Russet. (3) Firm; (10) Insects; 51.1814 US. No. 2. (4) Mature; and, (11) Oil spots; 51.1815 U.S. No. 2 Russet. (5) Well formed. (12) Scab; 51.1816 U.S. No. 3. (b) Free from: (13) Scale; (1) Bruises; (14) Scars; 51.1817 Unclassified. (2) Decay; (15) Skin breakdown; TOLRZRANCES (3) Unhealed skin-breaks; and, (16) Sprayburn; (4) Wormy fruit. (17) Sunburn; 51.1818 Tolerances. (c) Free from damage caused by: (18) Unsightly discoloration; and, STANDARD PACK (1) Ammoniation; (19) Other means. 51,1819 Standard pack. (2)Buckskin; (d) For tolerances see § 51.1818. (3) Caked melanose; DEFINITIONS (4) Creasing; § 51.1815 U.S. No.2 Ruset. 51.1820 Mature. (5) Dirt or other foreign material; The requirements for this grade are 51.1821 Firm. (6) Disease; the same as for U.S. No. 2 except that 51.1822 Well formed. (7) Dryness or mushy condition; not less than the number of fruits re- 51.1823 Damage. § 51.1824 Highly colored. (8) Green spots; quired in 51.1818, Tables I and II, shall 51.1825 Discoloration. (9) Hail; have more than one-half of their sur- 51.1826 Well colored. (10) Insects; face, in the aggregate, affected by 51.1827 Fairly well colored. (11) Oil spots; discoloration. 51.1828 Fairly firm. (12) Scab; (a) For tolerances see 1 51.1818. 51.1829 Fairly well formed. (13) Scale; 51.1830 Serious damage. (14) Scars; § 51.1816 U.S. No. 3. 51.1831 Reasonably well colored. (15) Skin breakdown; "U.S. No. 3" consists of tangerhilec 51.1832 Very serious damage. (16) Sprayburn; which meet the following requirements: 51.1888 Diameter. (a) 51.1884 Classification of defects. (17) Sunburn; Basic requirements: (18) Unsightly discoloration; and, (1) Mature; AuTHORITY: The provisions of this sub- (19) Other means. (2) Not flabby; and, part issued under sees. 203, 205, 60 Stat. 1087, (d) For tolerances see § 51.1818. (3) Not seriously lumpy. as amended, 1090 as amended; 7 U.S.C. 1622, (b) Free from: 1624. § 51.1812 U.S. No. 1 Bronze. GRADES (1)Decay; The requirements for this grade are (2) Unhealed skin-breaks; and, § 51.1810 U.S. Fancy. the same as for U.S. No. 1 except that (3)Wormy fruit. all fruit must show some discoloration. (c)Free from very serious damage "U.S. Fancy" consists of tangerines caused by: which Not less than the number of fruits re- meet the following requirements: quired in § 51.1818, Tables I and I, shall (1) Ammonlation; (a) Basic requirements: (2)Bruises; (1) Discoloration: have more than one-third of their (I)Not more than one-tenth of the surface, in the aggregate, affected by (3) Caked melanose; (4) Creasing; surface, discoloration. The predominating dis- in the aggregate, may be affected coloration on these fruits shall be of (5) Dirt or other foreign material; by discoloration. (See § 51.1825.) (6) Disease; (2) Firm; rust mite type. (a) For tolerances see § 51.1818. (7)Dryness or mushy condition; (3) Highly colored; (8) Hail; (4) Mature; and, § 51.1813 U.S. No. 1 Russet. (9)Insects; (5) Well formed. The requirements for this grade are (10) Scab; (b) Free from: the same as for U.S. No. 1 except that (11) Scale; (1) Bruises; not less than tht number of fruits re- (12) Scars; (2) Caked melanose; Ir, (13) Skin breakdown; (3) Decay; quired in § 51.1818, Tables I and shall (4) Unhealed skin-breaks; and, have more than one-third of their (14) Sprayburn; surface, in the aggregate, affected by any (10) Sunburn; (5) Wormy fruit. type of discoloration. (c) Free from damage caused by: (16) Unsightly discoloration; and, (1) Ammoniation; (a) For tolerances see § 51.1818. (17) Other means. (d) For tolerances see § 51.1818. (2) Buckskin; § 51.1814 U.S. No. 2. (3) Creasing; "U.S. No. 2" consists of tangerines UNCLASSIFIED (4) Dirt or other foreign material; 51.1817 Unclassified. (5) Dryness or mushy condition; which meet the following requirements: § (a) Basic requirements: "Unclassified" consists of tangclnhes (6) Disease; (1) Discoloration: (7) Green spots; which have not been classified In accord- (i) Not more than one-half of the ance with any of the foregoing grades. (8) Hail; surface, in the aggregate, may be af- (9) Insects; The term "unclassified" Is not a grade fected by discoloration. (See § 51.1825.) within the meaning of these standards (10) Oil spots; (2) Fairly firm; (11) Scab; but Is provided as a designation to show (12) Scale; (3) Fairly well formed; that no grade has been applied to the (13) Scars; (4) Mature; and, lot. (5) Reasonably well colored. TOLERANCES (14) Skin breakdown; (b) Free from: (15) Sprayburn; (1) Bruises; § 51.1818 Tolerances. (16) Sunburn; (2) Decay; In order to allow for variations Inci- (17) Unsightly discoloration; and, (3) Unhealed skin-breaks; and, dent to proper grading and handling In (18) Other means. (4) Wormy fruit. each of the foregoing grades, based on (d) For tolerances see § 51.1818. (c) Free from serious damage caused sample inspection, the number of defec- § 51.1811 U.S.No.1. by: tive or off-size specimens In the Individ- (1) Ammoniation; ual sample, and the number of defective "U.S. No. 1" consists of tangerines (2) Buckskin; or off-size specimens in the lot, shall be which meet the following requirements: (3) Caked melanose; within the limitations specified In Tables (a) Basic requirements: (4) Creasing; I and II. No tolerance shall apply to (1) Discoloration: (5) Dirt or other foreign material; wormy fruit. FEDERAL REGISTER, VOL. 32, NO. 131-SATURDAY, JULY 8, 1967 PROPOSED RULE MAKING 10099

(a) 1 T= ) V01 -o-)SAoIir

Factor Grades AL2zNm o .t p 1 231415Numbcr of mcount mmOssp3s

1______II 2______9 10sl"u-du 12 13 1142l 205 Accptuco aumz 4 (m.xmum pc'm-ttcJ)

Decay U.S. Fancy...... : 1 00 1 2 2 2 3 3 3 3 4 4 4 4 5 5 5 5 U.S.No. 2...... J 1 1 U0. . N o. 3 2 0 1 2 2 2 3 3 4 4 4 5 5 s a - G oG[ 7 T - - V e ry s er i o u s U .At 'I 43 4 1 ndea. u.S. No. 2 ...... i ~ 1 4 da=ginclud- US l-:: 6 4 619 14! 1 13 I~ --a 12j 11Z 23 Z 33 Z5 UT -34 Total defects All 8 7 12 17 27 32 Z' 41 45 W. C4 0) C3 23 G 81 853 90 C4 de- cayIncluding and very serious

Discoloration U.S. Fancy--- I 41 __ C4 U.S.No. -----L 10 7 12 17 2 27 3 41 ' 45 M A 3 C3 Q 72 71 81 5 C.3 U.S.No. 2..-- I3 1 2 n IC 741 berouus 2gly2 11 2I I s o 0 10 11 d~cloration.I

U.S. No. 1 U.. oBrne.n .1 22 51 C9 &383 14 I Q 1 2t3 = 273 Z7 31jXS Z5 7 Russet. 1 U.S. No.2 3 8 121 18; 23 2)1311 4)1 41 £ CI3174 79 841 97 102 122 Russet. j I I I111 II I i I I

FEDERAL REGISTER, VOL 32, NO. 131-SATURDAY, JULY 8, 1967 No. 131-Pt. I---8 10100 PROPOSED RULE MAKING

(b) loX 21 5v0Uau 40

Factor Grades AL I Number of 50-count samples rector 4 5 2 ' 2 1 2 2 130I 311 32 133 134 6 36 7 38 89 40

Acceptance numbers ' (maximum permitted)

Decay U.S. . U.S. No.1Z.... 1 '5 6 6 6 6 16 6 7 7 7 7 '7 7 8 S 8 S8 8 9 9 U.S. No. 2----

U.S. No. 3 2 8 8 is 8 9 9 59 9 10 10 110 11 11 J 11 11 12 12 $12 12 IS

Very serious U.S. Fancy. damage lnclud U.S. No.1 6 47 49 51 53 54 56 58 60 62 64 66 68 70 72 74 76 78 80 81 83 ing decay. U.S. No. 2......

Total defectslIn- All 8 98 103 107 111 116 120 1 12 129 133 137 141 146 150 154 159 163 187 171 170 1ti eluding decay and very serious damage.

Off-se...... 10 98 103 107 111 11 120 129 133 137 141 146 10154 159 13 167 171 17 I*J

Discoloration U.S. Fancy ---- U.S. No. I----- 10 98 103 107 111 116 120 124 129 133 137 141 146 150 154 150 163 107 171 170 IM U.S. No. 2 ......

Serious damage by unsightiy 2 E11 12 5 12 12 13 513 14 '14 15 15 '15 16 116 17 17 '17 18 418 discoortion. 19 19

Acceptance numbers 4 (minimum required)

U.S. No. I Bronze 1-1 394 413 433 452 471 491 510 30 549 50 588 WS 627 647 66N 866 706 726 744 764 U.S. No. 1 Russet.

U.S. No. 2 1 114 119 125 131 137 143 149 155 161 166 172 178 184 190 19 202 "* 214 220 226 Russet.

£Shipping point, as used In these standards, means the point of origin of the ship- 'Sample size-0 count. ment in the production area or at port of loading for ship stores or overseas ship- 4 Acceptance number-Maximum or minimum number of defective or oft sirefrult menta, or In the case of shipments from outside the continental United States, the permitted. port of entry into the United States. ' Preferred total number of samples for this acceptance numblr. SAL-Absolute limit permitted In individual 50-count sample.

FEDERAL REGISTER, VOL. 32, NO. 131-SATURDAY, JULY 8, 1967 PROPOSED RULE MAKING 10101

TAi31Z Ur-El RoUra on AT Dr-3W.&cONr

Numbcr ot to2.cunt ramr-32 Factor GradeS ALI _. t 1 2 3 4 a a 1 8 0 10 11 12 13 4 i1 10 17 13 12

Aeeptnn nmlrI(mbeawxmmrrnllc) Decay Al 4 2 3 a a 7 8 O 1 U 1 141 I3G 17 10 2D 20 21

Very Wrserious ro te0..N U.S.:FacH..Xny..1__ ... 4 6 0 UL 14 16 13 M0 22 C1 Z 23 M 23 1_5 37 Z^ 41 43 45 than decay. U.S. No. 2___--

Total defects All 8 7 12 17 22 27 22 Z3, 41 45 to 64 0 C3 C3 72 70 141 85 W Including very serious thandamage decay; other

Off-Size ------10 7 12 17 22 .7 32 Z5 41 CO C0r4 0 3 {:C3 72 7a 81 25 CO C4

Discoloration U.S.3?ancy-1 I 111 U.S. No. 1- 10 7 12 17 22 27 32 5 41 45 C01 M'l 0 Q C3 72. 7G0 1 5 0 4 U.S. No.2 ......

Seiuaae 2 1 2 2 5 0 to 7 7 48184 0 A10 D by unsightly 41 -II_-- discoloration. 01 Ac,,,et.anm numlt,: 3 (mijmniu rc.ed)

U.S. No. 1 Bronze. 1.1 15 32 51 C;3 1033 14 Z 317 =' Z: 7 U.S.- No.1 n 3IM I 144 1 I- Z521 =0 ~ 20 2.-':3

USNo. 2 1 2 8 12 23421 S Russet. 451 ZI n 2 Q 74 -, 5 7 1IC3U

1AL-Absolute limit permitted In Individual -ount i aAcxptairr uuro r-Milmuam cr -Inraurn uumtcz of d&ffctvo or oZ-rzn, a Sample size--O count. fruit i:rmittcd.L ' Pra!red It1 a umlr rf~zi tbb =p!=:3 nuratcz. STANDARD PACE Ttxrx II the sln has not become materially sep- Diameter arated § 31.1819 Standard pack. in inches from the flesh of the tangerine. Pack (minimum) § 51.1622 Wcllformed. The tangerines in each container shall 100 ------2ris be packed in accordance with recognized 12-0------211j "Well formed" means that the fruit 102i------Mis has the characteristc tangerine shape methods. Each container shall be well 180 ------;l and is not deformed. filled and properly marked to indicate 210------iaO 210 ------i the size of the fruit. When the figures 246 ------§ 51.1023 Damnge. 294 - 2 used to indicate size of fruit vary from '"amag" means any specific defect the actual number of tangerines in the (b) In order to dllow for variations dezcribed in § 51.1834, Table IV; or an container, as n the case of fractional incident to proper sizing, not more than equally obJectionable variation of any the number of fruits permitted In § 51.- one of thez- defects, any other defect, or parts of boxes, the figures indicating size 1818, Tables I and 3I, are below the mini- shall be followed by the letter "s" or the mum size for the count as specified In any combination of defects, which ma- word "size," as, for example, "210's," or Table IM terially detracts from the appeaxance, "210 size." Containers which are not so DEEM1oI TS or the edible or marketing quality of the marked shall not be regarded as meet- § 51.1820 Mature. fruit. ing requirements of "standard pack." '"ature" shall have the same mean- § 51.1824 Oghlycolored. "Highly (a) Fruit in each container shall be of ing currently assigned that term in sec- colored" means that the tions 601.21 and C01.22 of the Florida a size not less than the minimum di- ground color of each fruit is a deep tan- Citrus Code of 1949, as amended (Ch. gerine color with practically no trace of ameters specified in Table IrE for the 26492, Laws of Florida, 1951), or as the yellow color. various packs. Packs other than those definition of such term may hereafter be amended. § 51.1023 Discoloration. listed shall have a minimum diameter § 51.1821 Firm. 'Dlscoloration" means not less than specified for the nearest ruzseting of a "Firm" means that the flesh is not roft light shade of golden brown cau ed by count. and the fruit Is not badly puffy and that rust mite or other means. Lighter shades

FEDERAL REGISTER, VOL 32, NO. 131-SATURDAY, JULY 8, 1967 10102 PROPOSED RULE MAKING

of discoloration caused by superficial TABsz IV scars or other means may be allowed on a greater area, or darker shades may be al- Factor Damage Serlous damage Very serious damage lowed on a lesser area, provided no dis- coloration caused by speck type melanose Ammonlatlon. .... Not occurring as light speck Sears are cracked or dark and Aggregating more than 25 or other means may detract from the ap- type, or detracts more than aggregating more than % percent 01 the surface. pearance of the discoloration permitted in Inch in diameter on a 170 fruit to a greater extent the grade. size tangerine. than the shade and amount of disclora- Buckskin ------Aggregating more than a Aggregating more than 25 Aggregating zre than 80 tion allowed circle Y4Inch in diameter percent of the surface. percent of the surface. in the grade. on a 176 size tangerine. § 51.1826 Well colored. Caked melanos ... Aggegating more than a Aggegating more than a Aggregating som than 25 Cakele e Inch in diameter 7cie1 inch in diameter on percent of the surface. "Well colored" means that a good on a 176 size tangerine, a 176 size tangerine. yel- Creasing------Materially weakens the skin, Seriously weakens the skin, Very seriotisly weakeis the low or better ground color predominates or extends over more than or extends over more than skin, or Is dl-itrlhutl ove over the green color on the entire fruit one-third of the surface, one-half of the surface. practically the entire surface. surface with no distinct green color pres-' Dryness or mushy Affecting all segments more Affecting all segments more Alli-eting all segtnenlt srre ent, and that some portion of the sur- condition, than Ysinch at stem end, than 4 Inch at stem end, than % Inch at strm eol, face has a reddish tangerine or the equivalent of this or the equivalent of this or the equivalent oi 0th blush. amount, by volume, when amount, by volume, when aniount, by volume,"whlen occurring In other portions occurring In other portions occurring In other pr,rilntta § 51.1827 Fairly well colored. of the fruit, of the fruit, of the fruit. Green spots ------More than 10 spots caused by More than 25 spots eaused by "Fairly well colored" means that the scale, each spot equivalent scale, each spot equivalent surface of the fruit may have green to the area of a circle 3. to the area of a circle 4 color inch in diameter on a 176 inch in diameter on a 176 which does not exceed the aggre- size tangerine, size tangerine. gate area of a circle 1Y4 inches in diam- lail ...... Not well healed, or aggre- Not well healed, or aggrt, Not well healpd, or agree eter and that the remainder of the sur- gating more than a circle gating more than a cir(le gating more thMana irctle iinch in diameter on a % inch in diameter on a inch in Iianpter tn1 ik face has a yellow or better ground color 176 size tangerine. 176 size tangerine. 176 size tangerine, with some portion of the surface show- 011 spots ...... More than 5 spots, or aggre- More than 10 spots, or aggre- ing reddish gating more than a circle gating more than a circle tangerine blush. Pinch in diameter on a /i inch in diameter on a 176 sze tangerine. 176 size tangerine. § 51.1828 Fairly firm. Scab ...... Materially detracts from the Seriously detracts from the Aggregating ore ttan shape or texture, or aggre- shape or texture, or axgre. pervent of the surfa(, "Fairly firm" means that the flesh gating more than a circle gating more than a circle may be slightly soft but is not bruised N inch in diameter on a %inch in diameter on a or badly puffy, and that the skin 176 size tangerine. 176 size tangerine. has not Scale...... Aggregating more than a Aggregating more than a Aggregating mire thlt 2r become seriously separated from the circle % inch in diameter circle % Inch in diameter percent of the surface, flesh of the tangerine. on a 176 size tangerine, on a 176 sire tangerine. Scars ...... Not smooth, or causing any Not fairly smooth or causing Deep, rough, or unklgltly § 51.1829 Fairly well formed. noticeable depression, or any materially depreed that appearantc is very detracts from appearance area, or detracts from seriously alfotted, "Fairly well formed" more than the amount of appearance more than the means that the discoloration permitted in amount of discoloration fruit may not have the shape character- the grade, permitted in the grale. istlc of the variety but that it is not Skin breakdown..- Aggregating more than a Aggregating more than a Affecting more thtn 2Ml circle . inch in diameter circle Y,.inch In diameter percent of the sUrfWae, badly deformed. on a 176 size tangerine, on a 176 size tangerine. Sprayburn...... Skin Is hard and aggregating Skin Is hard and aggregating Aggregating more titan 2 § 51.1830 Serious damage. more than a circle f inch more than a circle 14 Inches percent of the surface in diameter on a 176 size in diameter on a 176 sire "Serious damage" means any specific tangerine, tangerine. defect described in § 51.1834, Table IV; Sunbu ...... rn. Skin is flattened, dry, Skin is hard and affects more Affe( tig inre than rA or darkened, or hard and the than one-third of the percent of the surfaco, an equally objectionable variation of affected area exceeds 25 surface. any one of these defects, any percent of the surface. other de- Unsightly fect, or any combination of defects, Color and pattern causes an Color and pattern causes a Very olJectiAnlle apptir, discoloration, unattractive apperance. distinctly unattractive ane caused by any UAI, which seriously detracts from the ap- appearance. pearance, or the edible or marketing quality of the fruit. Dated: June 28, 1967. § 51.1831 Reasonably well colored. G. R. CIRANG1:, Deputy Administrator, Marketing Services. "Reasonably well colored" means that [P.R. Doe. 67-7520; a good yellow or reddish tangerine color Flied, July 7, 1067; 8:45 a.m.] shall predominate over the green color on at least one-half of the fruit surface in the aggregate, and that each fruit Maritime Administration Copies of said revised form may be ob- shall show practically no lemon color. tained upon request to the Secretary, I 32A CFR Ch. XVIII, SRM-5, Rev. 3 Maritime Administration. § 51.1832 Very serious damage. MASTER LUMP SUM REPAIR CON- Interested persons may present views "Very serious damage" means any or comments In connection with the fore- specific defect described in § 51.1834, TRACT-NSA-LUMPSUMREP going by filing same in writing, in trip- Table IV; or an equally objectionable Proposed Revision licate, with the Secretary, Maritime Ad- variation of any one of these defects, ministration, 441 G Street NW., Wash- any other defect, or any combination of The Acting Director, National Ship- ington, D.C. 20235, by close of businem defects, which very seriously detracts ping Authority has under consideration on August 31, 1967. from the appearance, or the edible or the revision of the Master Lump Sum marketing quality of the fruit. Repair Contract, NSA-LUMPSUMREP Dated: June 30, 1067. § 51.1833 Diameter. with respect to vessel repairs, etc. JAMrs W. GUoX(c, A copy of the proposed revised form of Acting Director, "Diameter" means the greatest di- contract has been filed with the original National Shipping Authority. mension measured at right angles to a of this document in the Office of the Fed- [F.R. Doo. 67-7005, Filed, July 7, 107; line from stem to blossom end. eral Register. 8:49 am.]

FEDERAL REGISTER, VOL. 32, NO. 131-SATURDAY, JULY 8, 1967 PROPOSED RULE MAKING 10103

(14 CFR 11.45), the time within which routings to Blythe and Imperial, Calif., DEPARTMENT OF- comments on Notice 67-11 wIll be re- VORTAC's. ceived is extended to September 9, 1967. In view of the foregoing, the FAA pro- TRANSPORTATION Issued pozes the following airspace actions; in Washington, D.C., on June 30, In § 71.171 (32 F.R. 2147) the Yuma, Federal Aviation Administration 1967. R. S. SLI', Ariz., control zone Is amended as follows: [14 CFR Part 23 1 Acting Director, Tvzm, Arn- [Docket No. 8070; Notice 67-11A] - Flight StandardsService. Within a 5-mile radlus of Yuma LICAS/ IF.R. Dec. 67-7874; Filed, July 7, 10G7; Yuma International Afrport (latitude 32'- AIRWORTHINESS STANDARDS 8:47 a.m. 391231" I.. longitude 114*36'18" W.), rithin 2 mles each aido of the Yuma VOR.TAG 1811 Small Airplanes Capable of Carrying radial, extending from the 5-mile radlus zone More Than 10 Occupants; Extension [14 CFR1 Part 71 ] to 2 mlcs cuth of the VORTAC. and within of Comment Period 2 mile3 each sido of the 044 bearing from [Airspace Docket No. 67-Wfl-30J the MCAS Ynuma PBI, extending from the The Federal Aviation Administration 5-mile radlus zone to 8 tulles northe-s of proposed in Notice 67-11, published on CONTROL ZONE AND TRANSITION the RBIT. April 7, 1967 (32 F.h. 5698), to amend AREA In § 71.181 (32 FR. 2273) the Yuma, Part 23 of the Federal Aviation Regula- Proposed Alteration Ariz., transition area is amended as fol- tions to provide additional airworthiness lows: standards for small airplanes capable of The Federal Aviation Administration Ymm.A Anrs. carrying more than 10 persons, and in- is considering amendments to Part 71 of That airpace extending upward from 700 tended for use under Part 135, Air Taxi the Federal Aviation Regulations which fcat above the surface, within an 11-mie Operators and Commercial Operators of would alter the controlled airspace in radim of Yuma MCASiEuma Int rnatfonal Small Aircraft. The notice stated that the Yuma, Ariz., area. Airport (latitude 32-39'Z3" ., lonItude consideration would be given to all com- Interested persons may participate in 114'3G'18"*W.), wibln 2 mile, e2ch side of ments received on or before June 30, the proposed rule making by submitting the Yuma VORTAC 181* radial, extending 1967. such written data, views, or arguments from the 11-mile radius area to 21 miles The Aerospace Industries couth of the VOPRTAC; that alrsp2ce extend- Association as they may desire. Communications Ina upward from 1,200 feet above the sur- of America, Inc. (AIA), on behalf of its should be submitted in triplicate to the face. within 12 miles west and 11 mile3 east members, has requested a 168-day exten- Director, Western Rkglon, Attention: of the Yuma VOP.TAC 351' radial, e tending sion of the time for comments on this Chief, Air Traffic Division, Federal Avia- from the north cdge of V-CS to 20 mil s proposed regulatory action. This organi- tion Administration, 5651 West Man- north of the VOIRTAC. withln 5 milre north zation indicates that it has now deter- chester Avenue, Post Office Box 90007. and 8 miles, outh of the Yuma VO1TAC mined that additional work on Notice 67- Airport Station, Los Angeles, Calif. 07" rd!al., extending from the VORTAC to 11 is necessary in order to provide the 14 miles east of the VORTAC, within 11 90009. All communications received miles cast and 8 mles wLst of the Yuma Administration with the information within 30 days after publication of this VORTAG l160 radial, extending from the necessary to prepare regulations that will notice in the FEDERAL REGISTER will be VORTA to the Unitel States/Uexico be readily adaptable to the expected considered before action is taken on the border; and that alrop2ce northwest, of Yuma, large family of air taxi type aircraft. proposed amendments. No public hearing extending upward from 4,000 feet; L, The AIA advises that the 168-day exten- is contemplated at this time, but arrange- bounded on the north by the arc of an 1- mile radlus circle centered sion is necessary since all available man- ments for informal conferences with on the" Blythe. power is being devoted to the preparation Federal C=lif., Airport (latitude 33°37'15' IT, longi- Aviation Administration officials tude ll4143'O" '.), on the east by th3 west of industry response to Notice 67-14, and may be made by contacting the Regional edge of V-135, on the routh by the north -itwill not be possible to begin review of Air Traffic Division Chief. Any data, cdgo of V-GS, and on the northwest and Notice 67-11 until September 1967. views, or arguments presented during we3t by lines 5 mlles northwe=t and wezt of While the FAA recognizes the diffi- such conferences must also be submitted and parallel to the Imperial and Blythe, culties referred to in the petition, the in writing in accordance with this notice Calif., VOP.TAC.. G"4 and 187' rar'b1- re- petitioner has, nevertheless, not shown in order to become part of the record for spectively; ezcludlng that portion outside the good cause for a 168-day extension of the consideration. The proposals contained United Statc. comment period. Moreover, in view of the in this notice may be changed in the light These amendments are proposed under safety considerations which prompted of comments received. the authority of section 307(a) of the the issuance of Notice 67-11, a grant of A public docket will be available for Federal Aviation Act of 1958, as amended an extension for the requested length of examination by interested persons In the (72 Stat. 749; 49 U.S.C. 1348). time would not be consistent with the office of the Regional Counsel, Federal public interest. On the other hand, the Issued in Lva Angeles, Calif., on June Aviation Administration, 5051 West 29, 1967. FAA has previously acknowledged that Manchester Avenue, Los Angeles, Calif. Notice 67-11 contains complex proposals A. E. Homm.i, 90045. Acting Director, Web'tern Region. and that there may be some inconsis- The control zone is required to protect tency with, or some duplication of, the aircraft executing prescribed instrument [PR. Doz. G7-7875: Filed, July 7. 195; proposals set forth in Notice 67-14 (32 approach and departure procedures 8:47 a.m.l F.R. 5791). Therefore, the FAA considers while operating below 1,000 feet above that the comment periods on Notices 67- the surface. The 700-foot [14 CFR Part 61 1 11 and 67-14 should coincide, insofar as transition area will provide controlled airspace for air- (Do:het No. 82E; Notice 67-251 practicable, to permit the simultaneous craft executing prescribed instrument evaluation of the two proposals with re- approach and departure procedures dur- LIMITING CERTAIN PILOT PRIVILEGES spect to any such inconsistencies or ing operation between 700 and 1,200 feet Operation of Hot Air Balloons Without duplications. above the surface. The 1,200-foot transi- In consideration of the foregoing, I tion area will provide controlled airspace an Airborne Heater find that the petitioner has shown a sub- for aircraft executing prescribed instru- The Federal Aviation Administration stantive interest in the proposed rule, ment approach, departure, and holding is considering amending Part 61 of the that good cause exists for extending the procedures above 1,200 feet above the Federal Aviation Regulations to limit the comment period on Notice 67-11 to co- surface. The additional 1,200-foot above privileges of certain student and com- incide with the comment period on No- the surface and 4,000-foot MSL transt- mercial pilots (lighter-than-air) to oper- tice 67-14, and that such an extension is tion areas are required to provide con- ating only hot air balloons without an consistent with the public interest. trolled airspace for aircraft executing airborne heater, If they do not meet all Therefore, pursuant to the authority standard instrument departure proce- of the applicable aeronautical knowledge delegated to me by the Administrator dures from Yuma MCAS and transition and experience requirements.

FEDERAL REGISTER, VOL. 32, NO. 131-SATURDAY, JULY 8, 1967 10104 PROPOSED RULE MAKING

Interested persons are invited to par- should be recognized, while continuing to However, if he exchanges his ceitif- ticipate in the making of the proposed allow presently authorized operations icate--- * * * rule by submitting such written data, of hot air balloons without an airborne (3) The holder of a free balloon pilht views, or arguments as they may desire. heater. certificate is issued a commercial pilot Communications should identify the Accordingly, the FAA proposes to ex- certificate with a lighter-than-air cate- regulatory docket or notice number and tend the general limitations as to class gory rating and free balloon clas rating, be submitted in duplicate to: Federal ratings in §§ 61.16(b) and 61.16(c) to and if appropriate, with the limitation Aviation Administration, Office of the all pilots of lighter-than-air aircraft, provided in § 61.130(c). General Counsel, Attention: Rules except those -who operate hot air bal- * * * * * Docket GC-24, 800 Independence Avenue loons without an airborne heater, and 2. By amending subparagraph (d) (4, SW., Washington, D.C. 20590. All com- also to reflect that change in § 61.15(e). of § 61.16 to read as follows: munications received on or before Sep- The proposed amendment to § 61.15(e) tember 5, 1967, will be considered by the would require holders of the certificates § 61.16 General limitaitionm. Administrator before taking action on named in that paragraph to either ex- * * * * $ the proposed rule. The proposal contained change their certificates or limit their (di ** in this notice may be changed in the pilot activities to operating hot air bal- (4) The holder of a pilot cotlflet, light of comments received. All com- loons without an airborne heater. Hold- with a lighter-than-air category ratliv-" ments submitted will be available, both ers of certificates that now are limited to when operating a hot air balloon without before and after the closing date for "Hot Air Balloons Only", and that either an airborne heater. comments, in the Rules Docket for exam- expire under § 61.9(c) or may be ex- ination by interested persons. changed under § 61.15(e) (3), would be 3. By amending subdivision (a2 Since 1951, the FAA and its predeces- reissued a certificate that bears the new (iv) of § 61.39 to read as follows: sor agencies have allowed pilots to limitations described in proposed § 61.39 Pilot logbook: Except ai~lhi operate hot air balloons upon a demon- § 61.130(c). Proposed amendments to transport pilot. stration of very limited aeronautical a student pilot to § 61.71 would allow * * * knowledge, experience, or skill. At pres- operate a hot air balloon without an (a) ent, the holder of a student pilot airborne heater after his instructor cer- (2) * * * certificate who passes the written test tifies on his student pilot certificate that (iv) Flight instruction from an appro- flight instructor, in the required by § 61.71(c) (1) may act as the student is familiar with the general priately rated pilot in command of a hot air balloon and visual flight rules in §§ 91.1 through case of airplanes or rotorcraft; from an (subject to the limitations in § 61.71(b)). 91.9 and Subpart B of Part 91 (rather appropriately rated flight instructor or After he meets the flight instruction re- than after passing the written test now commercial glider pilot, In the cas, of gliders; from an appropriately rated quirements of § 61.71(c) (2), he may act required). However, he would be limited as pilot in command of any free balloon to operating those balloons until he ac- commercial pilot, in the case of airships; (also subject to § 61.71(b)). At present, quired the necessary aeronautical expe- or from an appropriately rated private In the case of free an applicant for a commercial pilot cer- rience. Under proposed § 61.130(c), an or commercial pilot, tificate (lighter-than-air, free balloon applicant for a commercial pilot certifi- balloons. * a * * * class) who successfully performs the cate (lighter-than-air category, free bal- maneuvers required by § 61.130 may be loon class) who demonstrates his aero- 4. By amending I 61.71 by amendlno issued a commercial pilot certificate with nautical skill under §§ 61.130(a) and the flush paragraph at the end of paxi- lighter-than-air category and free bal- 61.130(b) would be eligible for a certifi- graph (a), by amending paragraph (C, loon class ratings limited to "Hot Air cate limited to "Hot Air Balloons With- and by adding the following new para- Balloons Only", and may give flight in- out Airborne Heater Only". This limita- graph (d), to read as follows: struction in those balloons. After he tion, or a limitation to "Hot Air Balloons § 61.71 Lighter-than.ar operationsi meets the aeronautical knowledge and Only", could be removed when the appli- Flight limitation*. experience requirements of §§ 61.113(c) cant meets the aeronautical knowledge and 61.128, the "Hot Air Balloons Only" and experience requirements of }§ 61.113 (a) * * * limitation may be removed from his (c) and 61.128. Under proposed § 61.131 Subparagraph (2) of this paragiapli commercial pilot certificate. (c), the holder of a certificate issued does not apply to a student pilot who, Originally when hot air was the lift- under § 61.130(c), or one limited to "Hot holds a free balloon class ratinm. uxles, ing means, a ballon was filled with hot Air Balloons Only", would have com- that rating bears a limitation named it air from a heater that was located on mercial pilot and flight instruction priv- i 61.130(c). the ground and that was no longer avail- ileges only as to hot air balloons without * * * * * able after the balloon ascended. As the an airborne heater. balloon rose, the hot air cooled rapidly Present §§ 61.101(a) (5) and 61.101(b) (c) A student pilot (lighter-than-air resulting in flights of limited distance do not clearly reflect that only lighter- may not operate a free balloon as pilot in and altitude. Longer flights at higher than-air category and airship class command until his instructor certifies on altitudes usually were possible only with ratings are issued to private pilots under his certificate that he is familiar with balloons that depended on a captive Subpart C of Part 61. Present § 61.39(a) the general and visual flight rules of lighter-than-air gas for lift, rather than (2) (iv) does not provide for logging free §§ 91.1 through 91.9 and Subpart B of on retained heat, and the present regu- balloon flight instruction received from Part 91 of this chapter. lations reflect the greater aeronautical a private pilot (lighter-than-air, airship (d) A student pilot (lighter-than-air) knowledge, experience, and skill neces- class). Appropriate clarifying amend- may not operate a free balloon, other sary for operating those balloons. ments are proposed to those sections. than a hot air balloon without an air- The development of compact and In consideration of the foregoing, it borne heater, as pilot in command until efficient airborne heaters for hot air is proposed to amend Part 61 of the Fed- his Instructor certifies on his certiflcate balloons in recent years, and their in- eral Aviation Regulations as follows: that he has had at least six instruction creasing use, has greatly extended the 1. By amending the introductory lan- flights, totaling at least 6 hours, in free altitude, distance, and duration capabili- guage of paragraph (e) and subpara- balloons. ties of hot air balloons. Basically, the graph (e) (3) of § 61.15 to read as follows: § 61.101 [Amended] operating characteristics of a hot air § 61.15 Aircraft ratings. 5. By amending the parenthetivil balloon with an airborne heater are more * * * * * similar to those of a lighter-than-air gas clauses in subparagraph (a) (5) and in balloon than they are to the operating (e) Subject to § 61.16, the holder of a paragraph (b) of § 61.101 to read characteristics of a hot air balloon with- lighter-than-air pilot certificate, a pilot "(lighter-than-air, airship class)". certificate with a lighter-than-air cate- out an airborne heater. The FAA believes 6. By amending the introductory lan- that the greater aeronautical knowledge, gory rating, or a free balloon pilot cer- experience, and skill necessary to operate tificate may continue to exercise the guage of paragraph (c) of § 61,113 to a hot air balloon with an airborne heater privileges of that certificate or rating. read as follows:

FEDERAL REGISTER, VOL. 32, NO. 131-SATURDAY, JULY 8, 1967 PROPOSED RULE MAKING 10105

§ 61.113 Aeronautical knowledge. 8. By adding the following new para- (c) Unles3lls certificate Is lssued un- graph (c) at the end of § 61.130: der 9 61.130(c) or is limited to "Hot Air (c) An applicant for a commercial 3alloons Only", a commercial pilot § 61.130 Lighter-thnn-air rating (free (lighter-than-air, free balloon class) pilot certificate (lighter-than-air, free balloon class): aeronautical skill. balloon class), other than a certificate may act as pilot In command of, and give issued under § 61.130(c), must pass a flight instruction in, a free balloon. A written test on the following: (c) An applicant who meets the re- commercial pilot (lighter-than-air, free quirements of this section, but who does balloon clacs) whose certificate Is issued not meet the requirements of §§ 61.113 (c) under § 61.130(c) or is limited to "Hot 7. By amending § 61.128 to read as and 61.128, may obtain a commercial Air Balloons Only", may act as pilot in follows: pilot certificate with lighter-than-air command of, and give flight instruction category and free balloon class ratlnrgs In, only a hot air balloon without an air- § 61.123 Lighter-than-air rating (free borne heater. balloon class): aerongutical expe- limited to "Hot Air Balloons Without rience. Airborne Heater Only". Upon meeting This propozal is made under the au- the requirements of §§ 61.113(c) and thority of sections 313(a), 601, and 602 of An applicant for a commercial pilot 61.128, the "Hot Air Balloons Without L certificate (lighter-than-air, free balloon Airborne Heater Only" limitation, or a the Federal Aviation Act of 1958 (49 class), other than a certificate issued "Hot Air Balloons Only" limitation, may U.S.C. 1354, 1421, and 1422). under § 61.130(c), must have made at be removed. least eight ascents averaging 2 hours in Issued In Washington, D.C., on July 3, duration, substantiated by a logbook, in- 9. By amending paragraph (c) of 1967. cluding six ascents under the supervision § 61.131 to read as follows: R. S. S=- of an appropriately rated private or com- Acting Director, mercial pilot, one ascent in control to an § 61.131 General privileges and litmn. Flight StandardsSerice. altitude of 10,000 feet under that super- tions. [P.R. Dzz. G7-7670: FlIed, July 7. 19G7; vision, and one solo ascent. 8:47 am.]

FEDERAL REGISTER, VOL 32, NO. 131-SATURDAY, JULY 8, 1967 10106 Notices

In the establishment of policies, and has and enforcement activities of the Bureau, DEPARTMENT OF THE TREASURY general administrative supervision and and for supervision of the field person- control, under the general direction of nel of the Customs Agency Service (see Bureau of Customs the Commissioner, over all the work of Part II, see. 2). The designations of the [191.11] the Bureau. He further participates in divisions are generally descriptive of the the supervision of the four Assistant functions and responsibilities of each: STATEMENT OF ORGANIZATION, Commissioners and the Regional Com- Division of Planning and Inspection; FUNCTIONS, AND PROCEDURES missioners. Division of Enforcement; Division of In compliance with 5 U.S.C. 552, this (c) Officers empowered to act during Technical and Fraud Investigations: and notice provides a statement for the guid- absence, disability, or vacancy. The of- Division of Intelligence and Communi- ance of the public of the Bureau of Cus- ficers of customs empowered to act as cations. toms central 'and field organization; the Commissioner of Customs during the (c) Office o1 Operations. Under the established places at which, the officers absence or disability of the Commis- supervision of an Assistant Commissioner from whom, and the methods whereby sioner, or when there is a vacancy in the of Customs, this office Is responsible for the public may secure information, make office, are designated in Customs Dele- the development, Implementation, and submittals or requests, or obtain deci- gation Order No. 27, dated November 25, evaluation of programs relating to the sions; and the general course and 1966, T.D. 66-265 (31 F.R. 15098). If any identification, control, and disposition of method by which the Bureau of Customs change in the order of succession is here- imported merchandise, the control of functions are channeled and determined, after made, a further delegation order carriers arriving In and departing from including the nature and requirements will be published in the FEDERAL the United otates, the procedural and of all formal and informal procedures REGISTER. operational requirements for enforce- available, superseding the material ap- SEC. 3. Office of the Commissioner.The ment of the regulations of other Glovern- pearing in 16 F.R. 6964 [1951]: Commissioner and other Bureau officials ment agencies by Customs personnel, the are assisted by five Assistants to the operational facilitation of the interna- Part Commissioner on Bureau programs in tional movement of land, sea, and air I Central Organization and Functions. the areas of equal employment oppor- carriers, passengers, baggage, and cargo, II Field Organization and Functions. tunity, foreign customs assistance, public for the application of factual Informa- nI Sources and Methods of Securing Infor- mation. information, security, and priority cor- tion concerning matters of value, tariff IV Procedures. respondence. classification, and operational matters V Substantive Rules. SEC. 4. Offlice of the Chief Counsel. pertaining to acceptance and liquidation This office, which is a part of the Office of entries, examination of merchandise, I. CENTRAL ORGANIZATION AND FUNCTIONS of the General Counsel of the Treasury the collection and refund of duties and taxes on SECTION 1. Official address and busi- Department, is under the supervision of imported merchandise, the ad- an Assistant General Counsel. The Chief ministration of import quotas, and for ness hours-(a) Official address. The Counsel serves as the legal advisor to the the furnishing of technical and scientific principal office of the Bureau of Customs information. The responsibilities of the is at 2100 K Street Commissioner and his staff on all matters NW., Washington, pertaining to the administration and en- three divisions, each headed by a direc- D.C. 20226. Communications to the Bu- forcement of the customs and related tor, are indicated in a general way by reau of Customs should be addressed to laws. His office also performs such other the designations of the divisions: Divi- the Commissioner of Customs at the duties of a legal nature as may be as- sion of Inspection and Control; Division above address unless otherwise specifi- signed by the Commissioner of Customs, of Appraisement and Collections; and cally directed. his Deputy, or Assistants. The Chief Division of Technical Services. (b) Business hours. Principal and field Counsel supervises the five Regional (d) Office of Regulations and Rulinrp, offices are open on each business day Counsels located in Chicago, Houston, Under the supervision of an Assistant from 8:30 a.m. to 5 p.m., unless other- Miami, New York, and San Francisco. Commissioner of Customs, this office tv wise posted. (See Part II, sec. 3 of this notice.) responsible for continuing review of cus- SEC. 2. Commissioner and Deputy SEC. 5. Offices and Divisions-(a) Of- toms decisions, programs, and procedure% Commissionerof Customs-(a) Appoint- fice of Administration. Under the super- to assure conformity with the laws and ment. The Commissioner is appointed vision of an Assistant Commissioner of regulations administered by the Bureau pursuant to law by the Secretary of the Customs, this office is composed of six of Customs, for interpretation of the Treasury. divisions, each headed by a director. This Antidumping Act, 1921, the countervail- (b) Authority-(1) Commissioner. office is responsible for the development, ing duty provision of the Tariff Act of Under the general supervision of the implementation and evaluation of in- 1930 (19 U.S.C. 1303), and the laws relat- Secretary of the Treasury, and pur- ternal programs relating to budgeting, ing to the tariff classification of mer- suant to authority delegated by him, accounting, personnel, data processing, chandise, to personal or administrativf, the Commissioner of Customs estab- audit, management analysis, adminis- exemptions, and to entry or valuation of lishes the policies and supervises the trative services, and facilities -manage- merchandise, for decisions on matters re- activities of the Customs Service, in- ment. The designations of the divisions lating to claims, fines, penalties, and for-. cluding the appointment of its person- are generally descriptive of the functions feltures, for interpretation of the law and nel and the management of its fininces. performed in each: Division of Finance for decisions relating to the entrance, The Commissioner is responsible for and Management Analysis; Division of clearance and use of vessels, vehicles, the Implementation and administration Administrative Services; Division of and aircraft, for drafting regulations and of all executive directives and legis- Audits; Division of Personnel Manage- rulings to implement Treasury and Bu- lation relating to customs activities. ment; Division of Data Processing; and reau decisions and procedures, and for He promulgates rules and regulations Division of Facilities Management. drafting or participating in the drafting with the approval of the Secretary of the (b) Office of Investigations. Under the of legislation. The responsibilities of the Treasury, and makes decisions under supervision of an Assistant Commissioner authority delegated to him. four divisions, each headed by a director, of Customs, this office is composed of four are indicated in a general way by the (2) Deputy Commissioner. The Deputy divisions, each headed by a director. Commissioner acts as Commissioner This office Is responsible for the develop- designations of the divisions: Division of when the Commissioner is absent or ment, implementation, and evaluation of Tariff Classification Rulings; Dlvision of when the office is vacant. He participates programs relating to the investigative Entry Procedures and Penalties; Division

FEDERAL REGISTER, VOL. 32, NO. 131-SATUR11AY, JULY 8, 1967 NOTICES 10107 of Marine and Transportation Rulings; of the regional staffs are divided as fol- assisted by one or more Assistant Port and Division of Regulations. lows unless some other division is re- Directors. SEC. 6. Office of Planning and Re- quired by circumstances and authorized IIL SourcEs AND METEOs oF SEC G search. This office is headed by the Direc- by the Commissioner: tor of Planning and Research, who re- (a) Assistant Regional Commissioner ports directly to the Commissioner, and of Customs for Administration.This of- Src'xori 1. The places at which and consults with and provides tecbnical ad- ficer Is responsible for developing, Imple- the methods whereby the public may vice and assistance to the Commissioner menting, and evaluating programs for secure official information in matters ad- and officers of Customs on budget pro- the budget, accounting, personnel, data ministered by the Bureau of Customs gram and planning matters. processing, management analysis, and are as follows: administrative services functions of the (a) A request for information relating IL ORGAiOzATioN Fim region. Under his immediate supervision to the activities or functions of a Dis- SEcTiON. 1. Field audit.Under the di- are the Deputy Assistant Regional Com- trict Director of Customs may be ad- rection of the Division of Audits, Office of missioners of Customs for Personnel dressed to him at the headquarters office Administration, field audit offices, headed Management, and for Financial Manage- of his district or to a port director at a by a director, conduct internal audits of ment, whose responsibilities are Indicated port other than at the headquarters port. regional fiscal procedures, accounts and in a general way by the designations of Oral requests for Information may be records, property, and control of Im- their offices. made at a customhouse in any port hav- ported merchandise, and examine cer- (b) Assistant Regional Commissioner ing Jurisdiction over the subject matter tain aspects of the accounts and records of Customs for Operations. This officer of the request. of customhouse brokers and wool manu- is responsible for the development, Im- (b) A request for information relat- facturers and processors. Field audit of- plementation, ane evaluation of opera- ing to activities or functions of other fices and the regions assigned to them are tional programs relating to the Inspec- field officils of the Customs Service located as set forth in § 1.4a of the Cus- tion and control of persons, carriers, may be addressed to the official in charge toms Regulations (19 CFR 1.4a). cargo, and baggage arriving in the of the appropriate office having juris- SEC. 2. Customs Agency Service. Under United States, the Inspection, Identiflca- diction over the subject matter. the direction of the Office of Investiga- tion, and control, assessment of duties (c) Requests for information may also tions, Customs Agency Service investiga- and taxes upon, and disposition of im- be addressed to the Commissioner of tive and enforcement staffs are respon- ported merchandise, and the enforce- Customs, 2100 K Street NW, Washing- sible for preventing, detecting, and in- ment of the regulations of other Gov- ton, D.C. 20220. vestigating offenses against Customs and ernment agencies. Under his Immediate (d) Oral requests may be made to any related laws, and for providing Informa- supervision are the Deputy Assistant Re- official of the central organization of the tion in matters of personnel security. The gional Commissioners of Customs for Bureau for information on a subject location and jurisdiction of Customs Classification and Value, and for Inspec- within the Jurisdiction of that official. Agency Service offices is set out in § 1.5 tion and Control, and the Chief Chemist SEc. 2. No formal procedures for ob- of the Customs Regulations (19 CFR 1.5). of the region, whose responsibilities are taining information relating to any mat- SEC. 3. Office of the Regional Counsel indicated in a general way by the desig- ter within the Customs jurisdiction are Although assigned to the field and lo- nations of their offices. required unless prescribed In the pub- cated in the offices of the Regional Com- SEc.. 7. District Offices-(a) District lished regulations of the Bureau of Cus- missioners in Chicago, Houston, Miami, toms (19 CFR Ch. I). However, to assure New York, and San Francisco, the Re- Director of Customs. The District Direc- prompt action upon a request, all perti- gional Counsels are under the general tor of Customs represents and acts for nent facts relevant to the subject matter supervision of the Chief Counsel at Bu- the Regional Commissioner and is re- of the inquiry should be furnished. reau headquarters. The Regional Coun- sponsible for the Implementation In his SEC. 3. The availability of informa- sels serve as legal advisors to the princi- district of Bureau and regional policies, tion In all cases shall be subject to any pal customs field officers and their staffs programs, and procedures, the develop- pertinent limitations or restrictions con- and perform such other functions as are ment, Implementation, and evaluation of tained in Parts 14,17, and 26 of the regu- assigned. district programs and procedures, and latlons (19 CFR Parts 14, 17, 26). SEC. 4. Regional and District Offices. the coordination, control, and supervi- There are nine Customs regions, each sion of all customs activities n the dis- IV. Pnoc.ED=s headed by a Regional Commissioner, trict except laboratory; audit, and Szcrou 1. No formal procedures other with their offices in the following cities: Agency Service activities. The district than those relating solely to internal Region I, Boston, Mass.; Region Ir, New director also is the port director for the agency management are required in con- York City, N.Y.; Region 311, Baltimore, district headquarters port. Under his nection with any function of the Cus- Md.; Region IV, Miami, Fla.; Region V, supervision are the Assistant District Di- toms Service except those described by, New Orleans, La.; Region "I, Houston, rectors of Customs for Inspection and or referred to or cited n, the regulations Tex.; Region VII, Los Angeles, Calif.; Control, and for Classification and Value. published in 19 CFR. Chapter I, or regu- Region VIII, San Francisco, Calif.; Re- These officers, as indicated by their lations Issued Jointly by the Secretary gion IX, Chicago, Ill. The geographical designations, are responsible for opera- of the Treasury, or the Commissoner of areas and the location of customs dis- tional functions pertaining to the entry Customs with the approval of the Secre- tricts or areas assigned to each region are and clearance of vessels, inspection and tary of the Treasury, and the heads of as published in § 1.2 of the Customs control of persons, carriers, baggage, and other agencies, Departments, or Bureaus Regulations (19 CFR 1.2). cargo, and for entry, examination, ap- as referred to or cited in the published SEC. 5. Regional Commissioner of Cus- praisement, and ciasflcaton of import- regulations of the Bureau of Customs. In toms. The Regional Commissioner repre- ed merchandise, the liquidation of en- addition to these procedures, interested sents and acts for the Commissioner of tries and the collection of duties and parties may request conferences with Customs and is responsible for effective taxes. appropriate officials of the Bureau to implementation in his region of the poli- (b) Customs Port Director. The Port discuss matters within their responsi- cies, programs, and procedures estab- Director serves as the principal operating bility. lished by the Commissioner. He is also official at each port other than district SEc. 2. In general, required procedures responsible for the development and im- headquarters and is a staff asistant to and any required forms or documents for plementation of regional policies, pro- the District Director of Customs. He is use in connection therewith are de- grams, and procedures, and the coordi- responsible for the final Implementation scribed or Identified in the appropriate nation, control, and supervision of All of customs policies, programs, and pro- part of 19 CF,, Chapter I, although pro- customs activities in his region, except cedures which apply to the every day ac- cedures, forms, or documents applicable those of Field Audit, and the Customs tivities of the port, except audit, labora- to a given situation may be described, Agency Service. tory, and Customs Agency Service activi- Identified, or referred to in more than SEC. 6. Office of the Regional Commis- ties. At each port where the volume of one part or section of that chapter. The sioner. The responsibilities and functions activity justifies it, the Port Director Is part headings and section headings of

FEDERAL REGISTER, VOL 32, NO. 131-SATURDAY, JULY 8, 1967 No. 131-Pt 1-9 10108 NOTICES

the regulations are designated as a gen- its jurisdiction, if addressed to the Com- (d) Ofce of Assistant Commissioner (Nn- eral index of subject matter with suffi- missioner of Customs, 2100 K Street forcement). cient accuracy to enable related proce- NW., Washington, D.C. 20226, will be (e) Office of Assistant Oommlssloner (Ad- dures, forms, or documents to be con- referred to the proper assistant for ap- ministration). (f) Office of Assistant Commiloner (Per- sidered. Information regarding proce- propriate attention. If such communica- missive). dures, forms, or documents are set forth tions concern specific transactions aris- (g) Office of Assistant to the Commissioner in the parts Indicated below: ing at a field office, action thereon will (Information and Law Enforcement Train- Part be expedited if the request, application, Ing). 1 General provisions. petition, or communication so addressed (h) Office of Inspection and Internal Audit, 4 Vessels in foreign and domestic trades. is first submitted to the district director 3. Field organization. 5 Customs relations with contiguous of customs for the district in which the 4. Public Information; submittals, requeqti, foreign territory. decisions. transaction arose, who will transmit it 5. Formal and Informal procedures. 6 Air commerce regulations. to the Bureau with his report thereon. 7 Customs relations with insular posses- SECTION 1. Introduction. Under the sions and Guantanamo Bay Naval There are no forms for or procedures Commissioner of Narcotics, the Bureau is Station. governing the submission of such re- responsible for investigating, detecting, 8 Liability for duties; entry of imported quests, applications, or petitions other and preventing violations of the Federal merchandise. than those set forth in the Customs narcotic and marihuana laws and related 9 Importations by mail. Regulations as amended from time to statutes, including the Harrison Narcotic 10 Articles conditionally free, subject to a time, which may be purchased from the reduced rate, etc. Act, the Narcotic Drugs Import and Ex- Superintendent of Documents, U.S. port Act, the Opium Poppy Control Act, 11 Packing and stamping; marking; trade- Government Printing Office, Washing- marks and trade names; copyrights. the Marihuana Tax Act, the Narcotic 12 Special classes of merchandise. ton, D.C. 20402, or may be consulted at Control Act, and the Narcotics Manu- 13 Examination, measurement, and testing the Bureau headquarters office or at the facturing Act; and seizing and effect- of certain products. customhouse at any port of entry. ing forfeitures of vehicles, vessels, and 14 Appraisement. V. SUBSTANTIVE RULES aircraft under the Act of August 9, 1939, 15 Relief from duties on merchandise lost, used in the transportation or conceal- stolen, destroyed, injured, abandoned, Substantive rules and statements of or short-shipped. ment of contraband narcotic drugs or general policy or interpretations formu- marihuana. In cooperation with the U.S. 16 Liquidation of duties. lated and adopted by the Treasury 17 Protests and reappraisements. Public Health Service, the Bureau deter- 18 Transportation In bond and merchan- Department or the Bureau of Customs mines the quantities of crude opium and dise in transit. for the guidance of the public generally coca leaves to be Imported Into the 19 Customs warehouses and control of mer- are included in the regulations of the United States for medical and scientiflo chandise therein. Bureau of Customs and the joint regula- purposes; Issues permits to Import crude 20 Disposition of unclaimed and abandoned tions heretofore mentioned. Amendments drugs; and limits the quantities of nar- merchandise. of or supplements to such regulations, as 21 Cartage and lighterage. cotic drugs manufactured in the United promulgated from time to time, will be States. The Bureau has authority to Is.- 22 Drawback. published in the FEDERAL REGISTER and 23 Enforcement of customs and navigation sue licenses for the production of poppies laws. the Code of Federal Regulations. and the manufacture of opium products 24 Customs financial and accounting This notice shall be effective upon therefrom If and when such production procedure. publication in the FEDERAL REGISTER. and manufacture shall become necessary 25 Customs bonds. 26 *Disclosure of information. Dated: June 30, 1967. to supply medical and scientific needs for 30 Foreign-trade zones. opium products. The Bureau Issues ex- [SEAL] LESTER D. JOHNSON, port permits for narcotic drugs and 31 Customhouse brokers. Commissioner of Customs. 32 Trade fairs. preparations in accordance with the in- [F.t. Dc. 67-7886; Filed, July 7, 1967; ternational conventions and protocols, Information regarding procedures cover- 8:48 am.] The Bureau cooperates with the State ing temporary situations presently in Department In the discharge of inter- effect and the required forms or docu- Bureau of Narcotics national obligations of the United Statc.4 ments for use therewith are set forth in STATEMENT OF ORGANIZATION, pertaining to the traffic in narcotic drugs the following parts: FUNCTIONS AND PROCEDURES and with the several States in the sup- pression of the abuse of narcotic drugs Part In compliance with 5 U.S.C. 552, this 54 Certain importations temporarily free of and marihuana in their respective Jurls- duty. notice provides a statement for the guid- diction$. The headquarters offico of the 56 Extensions of time pursuant to Procla- ance of the public of the Bureau of Nar- Bureau of Narcotics Is located at 633 mation of the President under section cotics' central and field organization; the Indiana Avenue NW., Washington, D.C. 318, Tariff Act of 1930. established places at which, the employ- 20226. ees from whom and the methods whereby SEC. 3. Except where formal pro- SEC. 2. Central organization-(ni the public may obtain information, make Commissioner of Narcotics. The Com- cedures are required as heretofore indi- submittals or requests or obtain deci- missioner of Narcotics Is appointed by cated, all Informal procedures available sions; and the general course and method the President, and is the head of the for obtaining information, as described by which the Bureau's functions are Bureau of Narcotics. Subject to general in Part III of this notice, are available channeled and determined, including the supervision of the Secretary of the Treaq- for use in appropriate circumstances in nature and requirements of all formal ury, he has the responsibility and au- any application for reconsideration of an and informal procedures available. Any thority to direct the administration of official customs ruling or decision made revision or amendment of this statement the Bureau and enforce the laws and in the field or at headquarters, in any' will be published in the FEDERAL REGISTER. regulations of the United States relating petition for mitigation of a fine, penalty, A current synopsis of the statement will to narcotic drugs and marihuana. or forfeiture, in any request for amend- be published annually by the Office of the Specifically, the Secretary of the Treas- ment of regulations or suggestion for the Federal Register in the U.S. Government ury has imposed upon the Commissioner improvement of the Customs Service, or Organization Manual. The prior state- of Narcotics all the rights, privileges, in any other matter within the jurisdic- ments of organization, functions and pro- powers, and duties relating to- tion of the Customs Service. In making cedures of the Bureau of Narcotics are use of such informal procedures all (1) The detection and punishment of revised to read as follows: violations of the narcotic drug and marl- pertinent facts should be stated in See. correspondence to avoid delay. huana laws, and regulations Issu'd 1. Introduction. thereunder; SEC. 4. Requests, applications, peti- 2. Central organization. tions, or other communications soliciting (a) Commissioner of Narcotics. (2) Exemptions from any of the or contemplating action by the central (b) Deputy Commissioner of Narcotics. provisions of the applicable laws and organization respecting matters within (c) Office of Chief Counsel. regulations;

FEDERAL REGISTER, VOL. 32, NO. 131-SATURDAY, JULY 8, 1967 NOTICES 10109

huana traffic; and establishing and 2. 00 Churi Street, Suite C05, ITew reZk, (3) The books, records, and returns N.Y. 102007. New Yrk State, Newark I.n S. required to be kept or rendered under maintaining liaison with United States DitrIct of New Je.'-.y. any of the applicable laws; and foreign narcotic law enforcement 3. 695 U.S. Custcmhouze. Second and (4) The prescribing of forms and agencies for exchange of information and Chcstnut Stc, Phllsde:pba, Pa. 19106, Penn- order forms under any of the applicable Improvement of cooperation In suppres- cylvanla Delvwsre. New Jerey (except Newark laws; sion of the narcotic and marihuana, I. District). (5) The appointment of a committee traffic. 53.103 Souith CGay Street. Baltimoei M&. Assistant Commissioner 21202. Maryland, District of Columb. North for the certification and disposition of (e) OBice of Carolina, Virginla. W-t VUZrnia confiscated narcotic drugs and mar- (Administration). This office Is rezponsi- 0. 1053 Federal OMci Bliding. Atlanta. huana, and the manner in which applica- ble for policy coordination, supervision Ga. 30303, Georgia, Florida, Alabam.%South tion shall be made for the use of con- and direction of field administrative Carolina, TcnnE-e-,e. fiscated narcotic drugs and marihuana; matters; direction and supervision of the 8. 502 Federal Buildin. Detroit, MIch. (6) The compromise of criminal and Bureau's Fiscal, Personnel, Statistics and 4-n3, mIchigan. Ohio. 1sentusiy. Courthouza and Feder-l Ofise civil cases arising under certain provi- Records, and Supplies and Equipment 0. 1830 US. Divisions; budget programs; and liaion Building. Chicago, 11. 50504, fllinois, Indiana. sions of the applicable laws; WVkconin. (7) Seizures of property for violations in connection with admnistrative control Room 1104. Dal- Department 10. 1114 Comm-rce Stut, of applicable laws, and the custody, con- activities of the Treasury la%, Tex. W-2.02, Texas. Louisiana. Mississi_-ppi. trol, sale, and disposition of property so and other agencies. 11. 502 Federal Oilies Buildina, rlansa seized; (f) 01Zce of Assistant Commissioner City, Mo. C3100, so:3uri, rsansss, Arkan.s, (8) The determination of quantities of (Permissive). This office is responsible OIaboma. South Fourth narcotic drugs which may be imported for policy coordination and direction of 12. 402 Fcderal Building, 110 States for medical and of concern to the Returns Street, Minneapols, Minn. 5A401, L"nnsota into the United matters Io ",, Nebr -za, North DaIota, South Dakota. scientific purposes, and the issuance of Division of the Bureau of Narcotics, per- 13. 3317 U.S. Customhouse, -Denver, Co1o. import and export permits; tmining to Imports, e.ports, storage, 110202, Colorado. Utah. yomlg New MLexico. (9) The determination of the neces- manufacture, and distibution of nar- 14. 4Z0 Golden Gate Avenue, Box 26035, sity to produce opium poppies for medi- cotic drugs through legitimate channels San Francis:o, Calif. 94102, Cal fornia. Ne- cal and scientific use in the United States, for medical and scientific purposes; di- vada. Arizona. rects the activities of the Drugs Dis- 15. 311 US. Courthous., Seattle, W"'h. and the issuance of licenses for that 93104, WV-a-higton, Oregon, Idaho, Mont n . purpose; posal Committee; audits returns of and distribu- Ahzla. Havaii. (10) The administration of the provi- narcotic drug production 16. Amerlcan mba-y. 95 Wlrcls z Road, to the licensing tion; maintains records on Imports, ex- BangisLo!r Thal=d. Address mall to: Tkes- sions of the laws relating manufacture, distribution, seizure, of narcotic drug manufacturers, the ports, ury. American Embar-y APO San Francisco, establishing of basic classes of narcotic and diversion of narcotic drugs; and Callf. 9M.2. Far ris.et. with 17. American ETba,sy, Via Veneto 2A, establishing of quotas, and the establishes and maintains liaison drugs, the manufacturers, medical and paramedical oonm 112, Rome. Italy. Addres- mal to: determination of substances as "opiates"; Narcotics Divion, American Emba-y, APO such regula- groups in connection with narcotic drug (11) The prescribing of controls. Newv- York. NT.Y. 05294 Europe, Middle rast. tions as may be necessary for the execu- 10. American Embas-y, lexico, D.. Me-- tion of the functions imposed under the (g) OfIce of Assistant to Commis- ieo. Address mal to: American Ein--'y- sioner (Information and Law Enlorce- liar. Apartado Postal E3 Bla., Mexico, DY., applicable laws; ment Training). This office correlates Mexico. MezIco, Central end South Am-eric. (12) The appointment of such officers general information on narcotic drugs Sac. 4. Public information;submittals, and employees as may be necessary for and trafficking, and handies public in- the execution of the functions imposed requests, dcLsons.(a) Public informa- formation and correspondence of opinions and all upon the Bureau of Narcotics. pub- tion. Requests for final general nature; writes articles for orders made in the adjudication of case-s , (b) Deputy Commissioner of Nar- lication in various trade journals and cotics. The Deputy Commissioner of those statements of policy and interpre- other news media; prepares the annual have been adopted and not Narcotics acts as Commissioner of Nar- report of the Bureau; directs and con- tations which in his absence; he exercises general published in the FEDzruL REGIS=, ad- cotics ducts the Federal Bureau of Narcotics and instruc- supervision over the Bureau of Narcotics, ministratve staff manuals Training School; and programs techni- the including the field force, with particular tions to staff that affect a member of cal narcotic law enforcement in-Zervice of Narcotics on administrative functions; public and other Bureau emphasis training. in and assists the Commissioner generally records or information may be made (h) OfIce of Inspection and Internal person or by correspondence as provided in all matters of narcotic drug and mari- Audit. This office makes Inspections of law enforcement and admin- in21 CFRPart 308. huana Bureau and field operations; conducts requests, decisions. istration. (b) Submittals, financial audits; and reports on the ef- Submittals, requests for decisions or (c) Office of Chief Counsel. Under the fectiveness of each operation, Including may be made in person or the other requests general supervision and direction of general narcotic law enforcement condi- by correspondence to the Deputy Cola- General Counsel of the Treasury De- tions in the field. missioner of Narcotics at the headquar- Chief Counsel is the chief partment, the SEc. 3. Field organization. The field ters office in Washington, D.C.. or with law official of the Bureau. The Chief organization is responsible for conduct- the appropriate district supervlior in the Counsel is responsible to the Commis- ing investigations of violations of the area described in the above section 3. to the General sioner of Narcotics and narcotic drug, marihuana, and appli- Sac. 5. Formal and informal prace- Counsel for the supervision and coordi- cable statutes; establishing and main- dures. The formal and informal provi- nation of all legal duties of the Bureau. taining lialson with the U.S. attorneys, slons relating to functions of the Bureau include the rendering The legal activities the courts, State and municipal officials of Narcotics may be found in the Code of of advice and the consideration and areas; and Federal Regulations. The provisions re- resolution of all legal problems arising at local levels, and in foreign conducting inspections and examining lating to appeal and review to the Sec- in connection with the administration action or of the retary of the Treasury of the of the duties and functions of the Bureau. procedures for effective control nonaction of. the Commissioner of Nar- (d) Office of Assistant Commissioner legitimate trade. The field organization cotics are in 21 CFR Part 301; the pro- (Enforcement). This office is responsible is divided into districts, each of which viLons relating to Importation and ex- for policy coordination and direction of is headed by a district supervisor, as portatlon of narcotic drugs are in 21 CFR the Bureau's law enforcement activities, follows: Part 302; the provisions relating to the includingthe Bureau's investigations and opium poppies are in 21 CFR Headquartr Office; Territory growing of coordination with the functions of other Number; Part 303; the provisions relating to Federal, State, municipal,, and interna- 1. 1425 Post Ofe and Courthouse, Bocton. adjudication and licenzing procedure are tional law enforcement agencies; study- 11s- 02109, Maine, nhodo el.and, New relat- Hampshire, Vermont, Connecticut, Mass- In 21 CFR Part 304; the provisions ing and reporting trends of the national chusetts. ing to the determination of substances and international narcotic and marl-

FEDERAL REGISTER, VOL 32, NO. 131-ATURDAY, JULY 8, 1967 10110 NOTICES as "opiates" are in 21 CFR Part 305; the certificate Issued in Docket No. CI61-248. provisions relating to the surrender of FEDERAL POWER COMMISSION The pending certificate application Is heroin are in 21 CFR Part 306; the pro- consolidated with Union Texas Petro- visions relating to the manufacture of [Docket Nos. C161-448 etc.] leum et al., Docket No. G_-13221 et al. In- narcotic drugs are in 21 CFR Part 307; MARVIN E. WILHITE ET AL. asmuch as the gas supply is depleted, the the provisions relating to public access to application filed in Docket No. C167-1388 information are in 21 CFR Part 308, Findings and Orders will be construed as an amendment to the the provisions relating to the regula- JUxN 26, 1967. application filed In Docket No. C161-248, tory taxes on smoking opium are In Docket No. C167-1388 will be canceled, 21 CFR Part 150; the provisions re- Findings and orders after statutory hearing issuing certificates the application In Docket No. CI61-248 lating to the regulatory taxes on nar- of public will be severed from the consolidated cotic drugs are in 26 CFR Part 151; the convenience and necessity, amending certificates, canceling docket number, proceeding, and the temporary certifi- provisions relating to the regulatory cate will be terminated. Although the taxes on marihuana are in 26 CFR Part severing proceeding, permitting and ap- proving abandonment of service, termi- temporary certificate which will be ter- 152; and the provisions relating to seiz- minated contained no express refund ures of vehicles, vessels, and aircraft nating certificates, making successor co- respondent, redesignating condition, there Is a possibility that some under the Act of August 9, 1939, are in 26 proceeding portion of the initial price may have to CFR Part 153. Certain other provisions requiring filing of agreement and under- taking, and accepting related rate be refunded, and the termination of the may be found in the procedures pub- certificate should not be construed to lished by the Office of the Secretary of schedules and supplements for filing. Each of the Applicants listed herein relieve Applicant of any such obligation. the Treasury in 31 CFR Subtitle A and Likewise the termination of the tempo- 41 CFR Part 10. has filed an application pursuant to sec- tion 7 of the Natural Gas Act for a rary certificate should not be construed Additionally, provisions relating to to relieve Applicant of any refund obliga- Government employment and the pur- certificate of public convenience and necessity authorizing the tion in Docket No. RI65-216, in which chase, sale, and disposition of Govern- sale and deliv- proceeding an increased rate under the ment property, are found in the respec- ery of natural gas in interstate com- merce, for related rate schedule Is effective subject tive procedures prescribed in the Federal permission and approval to to refund. Personnel Manual and the General Serv- abandon service, or a petition to amend an existing certificate authorization, all The staff has reviewed each application ices Administration regulations. For and recommends each action ordered as specific instructions in connection with as more fully described in the respective applications and petitions (and any sup- consistent with all substantive Commis- these procedures, interested persons may sion policies and required by the public request conferences with the officials plements or amendments thereto) which are on file with the Commission. convenience and necessity. listed in this notice and assistance will After due notice, no petitions to inter- be provided. The Applicants herein have filed re- lated FPC gas rate schedules and propose vene, notices of intervention, or protests Effective date: This notice shall be to initiate, abandon or aad natural gas to the granting of any of the respective effective as of July 4, 1967. service in interstate commerce as in- applications or petitions in this order dicated by the tabulation herein. All have been received. [SEAL] HENRY L. GIORDANO, At a hearing held on June 15, 19067, the Commissionero1 Narcotics. sales certificated herein are at rates either equal to or below the ceiling prices Commission on Its own motion received Approved: June 3, 1967. established by the Commission's state- and made a part of the record in these proceedings all evidence, Including the JAMES POMEROY HENDRICK, ment of general policy No. 61-1, as amended, or involve sales for which per- applications, amendments, and exhibits SpecialAssistant to the thereto, submitted in support of the re- Secretary (for Enforcement). manent certificates have been previously issued; except spective authorizations sought herein, [P.R. Doc. that the sales from the 67-7888; Filed, July 7, 1967; Permian Basin area of Texas are and upon consideration of the record, 8:48 a.m.] authorized to be made at or below the The Commission finds: applicable area base rates and under the (1) Each Applicant herein Is a "nat- conditions prescribed in Opinion Nos. 468 ural-gas company" within the meaning and 468-A. of the Natural Gas Act as heretofore CIVIL AERONAUTICS BOARD found by the Connisslon or will be en- [Docket 185951 Rocanvile Corp. (Operator) et al., Applicant in Docket No. CI61-1806, pro- gaged in the sale of natural gas In in- ALM DUTCH ANTILLEAN AIRLINE terstate commerce for resale for ultimate poses to continue the sale of natural gas public consumption, subject to the Juris- Notice of Hearing heretofore authorized in said docket to diction of the Commission, and will Notice is given herewith, pursuant to be made pursuant to W. H. Hudson (Op- therefore, be a "natural-gas company" the provisions of the Federal Aviation erator) et al., FPC Gas Rate Schedule within the meaning of said Act upon the Act of 1958, as amended, that public No. 2. Said rate schedule will be redesig- commencement of the service under the hearing in the above-entitled proceeding respective authorizations granted here- nated as that of Applicant. The presently inafter. is assigned to be held before the under- effective rate under said rate schedule Is signed Examiner on July 26, 1967, at 10 .(2) The sales of natural gas herein- in effect subject to refund in Docket No. sa.m., e.d.s.t., in Room 911, Universal before described, as more fully described R164-605. Therefore, Applicant will be Building, 1825 Connecticut Avenue NW., in the respective applications, amend- Washington, D.C. made a co-respondent in said proceeding, ments and/or supplements herein, will For information concerning the issues the proceeding will be redesignated ac- be made in interstate commerce, subject involved and other details in this pro- cordingly, and Applicant will be required ceeding, interested persons to the jurisdiction of the Commission, are referred to file an agreement and undertaking to to the prehearing conference report and such sales by the respective Appli- assure the refund of any amounts col- served on June 27, 1967, and other docu- cants, together with the construction and ments which lected by it in excess of the amount de- are in the docket of this operation of any facilities subject to the fproceeding on file in the Docket Section termined to be just and reasonable in jurisdiction of the Commission of the Civil Aeronautics Board. said proceeding. necessary therefor, are subject to the requirements Dated at Washington, D.C., July 3, Forest Oil Corp., Applicant in Docket of subsections (c) and (e) of section 7 1967. No. C167-1388, has filed an application of the Natural Gas Act. [sEAL] RIcHARD A. WALsn, pursuant to section 7(b) of the Natural Hearing Examiner. Gas Act for permission and approval to IP.S.C. of the State of New York v. P.P.0., [P1F.. Doc. 67-7890; Piled, July 7, 1967; abandon the sale of natural gas made 329 P. 2d 242, cert. denied sub nom. Prado O11 8:48 am.] pursuant to an unconditioned temporary & Gas Co. v. P.P..

FEDERAL REGISTER, VOL. 32, NO. 131-SATURDAY, JULY 8, 1967 NOTICES 10111

(3) The respective Applicants are able should be accepted for filing as herein- and CI67-1461 deviates at any time from and willing properly to do the acts and after ordered. the quality standards set forth in Opin- to perform the services proposed and to The CommLion orders: ion No. 468, as modified by Opinion rzo. conform to the provisions of the Natural (A) Certificates of public conven- 468-A, so as to require a downward ad- Gas Act and the requirements, rules, and fence and necesity are Issued upon the Justment of the existing rate, a notice of regulations of the Commission there- terms and conditions of this order, au- change In rate sball be filed pursuant to under. thorizing the sales by the re-pective the provisions of section 4 of the Natural (4) The sales of natural gas by the Applicants herein of natural gas in inter- Gas Act: Proided, hawever, That zd- respective Applicants, together with the state commerce for resale, together with justments reflecting changes in B.t.u. construction and operation of any fa- the construction and operation of any content of the gas shall be computed by cilities subject to the jurisdiction of the facilities subject to the Jurisdiction of the applicable formula and charged Commission necessary therefor, are re- the Commission necessary for such cales. without the Miing of notices of chan-es quired by the public convenience and all as hereinbefore described and as more In rate. necessity and certificates therefore fully described in the respective appli- (G) Within 90 days from the date of should be issued as hereinafter ordered cations, amendments, supplements, tfnd initial delivery Applicants in Docket Nos. and conditioned. exhibits in this proceeding. 0107-1075 and 0167-1461 shall file three (5) It is necessary and appropriate in (B) The certificates granted in pwira- copies each of a rate schedule quality carrying out the provisions of the Nat- graph (A) above are not transferable Opinion No. 460--A. ural Gas Act and the public convenience and shall be effective only so long as statement in the form prescribed in and necessity require that the certif- Applicants continue the acts or opera- (H) Certificates are issued herein in icate authorizations heretofore issued by tions hereby authorized in accordance Docket Nos. 0167-653 and 0167-1301 the Commission in Docket Nos. CI61-448, with the provisions of the Natural Gas authorizing the respective Applicants to CI61-819, C161-874, C161-1096, C161- Act and the applicable rules, regulations, continue the sales of natural gas being 1806, C162-303, C162-578, CI62-1127, and orders of the Commission. rendered on June 7,1954. CI65-403, C166-714, C66-853, C166-867, (C) The grant of the certificates (I) A certificate is Issued herein in CI66-942, and CI67-1104 should be issued in paragraph (A) above shall not Docket No. CI67-1181 authorizing Appli- amended as hereinafter ordered and be construed as a waiver of the require- cant to continue the sale of natural gas conditioned. ments of section 4 of the Natural Gas Act which was being rendered without prior (6) It is necessary and appropriate in or of Part 154 or Part 157 of the Com- Commission authorization by the carrying out the provisions of the Nat- mission's regulations thereunder, and is predecessor. ural Gas Act that the application pend- without prejudice to any findings or (J) The certificates heretofore issued ing in Docket No. C161-248 should be orders which have been or may here- in Docket Nos. 0161-874, CIE&-853, C166-E67, C166-942, severed from the proceeding in Union after be made by the CommnitIon in any and C167-110-1 are Texas Petroleum et al., Docket No. G- proceedings now pending or hereafter amended by adding thereto authoriza- 13221 et al. instituted by or against the respective tion to sell natural gas to the same pur- Applicants. Further, our action in this chazers and in the same areas as covered (7) It is necessary and appropriate in proceeding shall not foreclose nor prej- by the original authorizations pursuant carrying out the provisions of the Nat- udice any future proceedings or objec- to the rate schedule supplements as in- ural Gas Act that Docket No. CI67-1388 tions relating to the operation of any dicated in the tabulation herein. should be canceled and that the appli- price or related provisions in the gas (K) The certificate heretofore issued cation filed therein should be construed purchase contracts herein involved. Nor in Docket No. CI61-819 is amended to as an amendment to the application filed shall the grant of the certificates afore- include the sale of natural gas from the in Docket No. CI61-248. said for service to the particular custom- additional acrcage at 15.0 cents par Mcf (8) The sales of natural gas proposed ers involved Imply approval of all of at 14.65 ps.la., including tax reimburse- to be abandoned by the respective Appli- the terms of the respective contracts ment. plus B.t.u. adjustment; however, cants, as hereinbefore described, all as particularly as to the cessation of service in the event that the Commizzion more fully described in the respective ap- upon termination of said contracts, as amends Its Policy Statement ro. 61-1, plications and in the tabulation herein, provided by section 7(b) of the Natural by adjusting the boundary between the are subject to the requirements of sub- Gas Act. Nor shall the grant of the cer- Panhandle area and the "Other" Okla- section (b) of section 7 of the Natural tificates aforesaid be construed to pre- homa area so as to increaze the initial Gas Act, and such abandonments should clude the imposition of any sanctions wellhead price for new gas in the area be permitted and approved as herein- pursuant to the provisions of the Natural involved herein, Applicant thereupon after ordered. Gas Act for the unauthorized commence- may substitute the new rate reflecting (9) It is necessary and appropriate in ment of any sales of natural gas subject the amount of such increase, and there- carrying out the provisions of the Natural to said certificates. after collect such new rate prospectively Gas Act that the certificates of public (D) The grant of the certificates is- in lieu of the initial rate herein rEquired. convenience and necessity heretofore sued herein on all applications filed after (L) The certificates heretofore i-sued issued to the respective Applicants relat- April 15, 1965, is upon the condition that in Dockets Nos. CI61-448, C161-1035, ing to the abandonments hereinafter per- no increase in rate which would exceed CI61-1800, CI62-303, CI62-573, CY2- mitted and approved should be ter- the ceiling prescribed for the given area 1127, and 0166-714 are amended by minated. by paragraph d) of the Commis ion's changing the certificate holders to the (10) It is necessary and appropriate statement of general poicy No. 61-1, as respective succezors in interest -a indi- in carrying out the provisions of the amended, shall be filed prior to the ap- cated in the tabulation herein. Natural Gas Act that Rocanville Corp. plicable dates, as indicated by footnotes (4) The certificate heretofore issued (Operator) et al., should be a co-re- 2 and 4 in the attached tabulation. in Docket No. CI5-403 is amended by spondent in the proceeding pending in (E) The initial rates for sales author- permitting Applicant to continue the sale Docket No. RI64-605, that said proceed- ized in Docket Nos. C167-1075 and CI67- of natural gas from interest acquired ing should be redesignated accordingly, 1461 shall be the applicable base area from the coowner which was previouly and that Rocanville Corp. should be re- rates prescribed in Opinion No. 468, as covered under said certificate and rate quired to file an agreement and under- modified by Opinion No. 463-A, as ad- schedule pursuant to the rate -chedule taking. justed for quality, or the contract rates, supplements as indicated in the tabula- (11) It is necessary and appropriate whichever are lower; and no increases tion herein. in carrying out the provisions of the in rate in excess of sad initial rates shall (N) The application pending in Dock- Natural Gas Act that the respective re- be filed before January 1, 1968. et No. CI61-243 Is severed from the pro- lated rate schedules and supplements as (F) If the quality of the gas delivered ceeding pending in Union Texas Petro- designated in .the tabulation herein by Applicants in Docket Nos. CI67-1075 leu= et al., Dacket No. G-13221 et al.

FEDERAL REGISTER, VOL. 32, NO. 131-SATURDAY, JULY 8, 1967 NOICES

(0) Docket No. C167-1388 Is canceled. approval of FPC rate schedule to be accepted (P) Permission for and Docket No; Purchaser, field, and the abandonment of service by the re- and Applicant loatio- spective Applicants, as hereinbefore de- date led Description and date No, scribed, all as more fully described In of document the respective applications and in the CE1-448---... Marvin X. Wilhito at al. Consolidated a. Supply Superior Oil and la, tabulation herein are granted. R 4-19-67 (sucessor to Superior Corp. Do Kalb Dls- inc., Ft'C 'UtSq No. (Q) Permission for and approval of Oil and Gas, Inc.). trict, Glmer County, the abandonment in Docket No. C167- I W. Va. Notice o icceksion 10-26_,8 1474 shall not be construed to relieve Assignnent 7 11-61.. 3 Applicant of any refund obligations Effective datA: 7-11-M_ - CI61-819 ------Skelly 011 Co...... Michigan Wl. conqln Pipe Amendatory agreement which may be ordered in the rate sus- C 2-6-072 Line Co., acreage in 10-8-60.' pension proceedings pending in Docket Major County, Okla. C161-874 ------Barnwell, Inc. (Oper- Texas as Tra..ilsion Ratified 11-1 5 '. Nos. G-19914, R161-191, R162-62, RI63- 0 3-17-67 ' ator) et a]. Corp., Minden Field, 158, and RI64-261. Webster and Claiborne (R) The temporary certificate here- Parishes, La. C161-1096 --- Marvin E. Wilhite at al. Consolidated Gas Supply Superior Oil and Olas, 4 tofore issued in Docket No. C161-248 is E 4-19-67 (successor to Superior Corp., De Kalb OL*- Inc., FI'0 OIS terminated and the termination of said Oil and Gas, Inc.). trict Oilmer County, No. 2. W. Va. Not ice of .tuccftilon certificate shall not be construed to re- 10-24r866, lieve Applicant of any refund obligation A"Ignivent 7 11 .... 4 I 1 In said docket or in Docket No. R165-216. Effective ,lte. 7-11-... C161-1806 -.---Rocanville Corp. El Paso Natural Gas Co., W. I1.Hudson ( e0 (S) The certificate heretofore issued E 2-27-67 (Operator) et a. (sue- Baln Dakota Field, afor), et al.. Fl, in Docket No. G-3577 is terminated only cessor to W. H. San Juan County, JitS No,2 Hudson (Operator) N. Mex. Supplement Noe 1-3-.. insofar as it pertains to Maoco Drilling & et al.). A qigntnent 2-1-07...... 1 4 Supply Co.'s FPC Gas Rate Schedule No. A . girnent 2-1-677 ---- - Effective dote: 2-1-07.... 11. CI62-3 ...... Marvin E. Wilhite et al. Consolidated Gas Supply Superior Oil and as, (T) The certificates heretofore issued B 4-1947 (successor to Superior Corp., De Kalb Dis- Inc., Fro (IRS No. In Docket Nos. G-12730, G-16992, and Oil and Gas, Inc.). trGt Ollmeri County, 4. W. Vs. Notice of suee'ion CI66-1158 are terminated. 10-2f-NI, 2 (U) Rocanville Corp. (Operator) et A.sigrnent 7-l t..... Effective date 7-41-8. al., shall be a co-respondent in the pro- C162-578 ...... Rodman Petroleum Northern Natural Gas E. (. Iodinan (Opera- ceeding pending in Docket No. R164-605 E 1-20-67 Cor. (Operator) Co., Hansford tor) eta!., FPo and said proceeding is redesignated et . (successor to (Morrow) Field, Hans- ti RS No . I... 2 E. 0. Rodman ford County, Tex. Supplt'nent No, 5 I accordingly.2 (Operator) et al). Notice Ofsucoession (V) Within 30 days from the issuance A-mignment 9- (161. of this order Rocanville Corp. (Operator) Effective date: 9-1-66.. o et al., shall execute, In the form set out CI621127 ..... Hayward Summers. Coaolidated Gas Supply Henry Cohen et al, 1 E 14-19-67 agent for H & C oi & Crp Union DiRtret, FPC (IRS No. 2, below, and shall file with the Secretary Gas Co. (successor to ltlchie County, W. VOL Notice of suecMlon of the Commission an acceptable agree- Henry Cohenet al.). 4-19-67. A"igntnent 12-14'-,_ I ment and undertaking in Docket No. Effective date 12-1 6.. RI64-605 to assure the refund of any C164-682 ...... Tenneco Oil Co ...... United Gas Pipe Line Notice of cancellation (C161-1273) Co Waskom Field, 12-9-63. ' 12 amounts collected by it, together with D 12-11-3 Caddo Parish La. interest at the rate of 7 percent per C165-403 ...... Mobil Oil Corp. (Oper- El Paso Natural Gas Co., Assignmzent 2--10-47 II.. annum, In excess of the amount deter- F 413-07 1 ator) et al. Pegasus Gasoline Letter agreement Plant, Midland and 217 mined to be just and reasonable in said Upton Counties, Tax. Effective date: 1-1-47... 7 proceeding. Unless notified to the con- C166-714 ...... Sun Oil Co. (Southwest Lone Star (lathering ('o., Shell Oil Co, Fl" I E 4-12-67 DivLon) (successor Speary Field, Kares O( S No. 03 . trary by the Secretary of the Commission to Shell Oil Co.). County, Teax. Supplement Noq. 1-2_.- 12 within 30 days from the date of submis- Notice of%ucV,,9sl0 sion, such agreement and undertaking 4-O-17. A sIgnment 3-14-87 151 shall be deemed to have been accepted Effective late3-1-67. _ for filing. CI66--53 . .. Service Gas Products Panhandle Eastern PIpe Amenlatory agreement C 4-24-67 ' Co. (Operator) et al. Line Co., East Aline 12-22--Oil 1 (W) Rocanville Corp. (Operator) et Processing Plant, al., shall comply with the refunding and Alfalfa County, Oils. 11 S 3 CI66-07 ..... Chevron o1 Co., El Paso Natural (as t'"o., S1Plibmeohdl acrro-. reporting procedure required by the Nat- C04-26-67 Western Division. Huerfanito Mesa Verde mnoit 2- 7 67.' ural Gas Act and § 154.102 of the regu- Unit, San Juan lations thereunder, and the agreement County, N. Mex. 449 C16942. Pan American Petro- Northern Natural as Supplemental agreo- and undertaking filed by Rocanville C 4-21-67 leum Corp. Co., Northeast Arnett Invi'uf4-7-#iLI 3 Corp. in Docket No. R164-605 shall re- Field, Ellis County, Okla. 11 4 main In full force and effect until dis- C167-243 ..... Maco Drining & Cor olfdated Gas Sup- Aoigntnent 8-28-59 H_ 11 charged by the Commission. (0-3577) Supply Co. ply Corp., Benezette Notice of caic,llatlo B 9-1-68 Township, Elk 4-14"7.q (X) The respective related rate sched- 4-17-67 15 County. Pa. 1 ules and supplements as indicated in the C167-658 .... Joe Hobson & Judith United Fuel Gas Co., Contract 1-9-34 1 A 11-15-68 D. Archer, trustees. acreage in Pike County, Letter agreement 1 tabulation herein are accepted for filing; 1-2"7 17 t Ky. 12-1--52. 1 Court order .-20-,M.21 further, the rate schedules relating to the 1 successions herein are accepted and re- Court order 12-17-M.A Court order 5-23-K. S 1 designated, subject to the applicable C167-1075...... The Superior Oil Co... Traaswestrn Pipelino Contract 2-1-67 3...... Commission regulations under the Nat- A 2-17-67 ii Co., Worsham-lBayer Edlenburger Field, ural Gas Act to be effective on the dates Reves 'ounty, Tox. as indicated in the tabulation herein. C167-1104 ----- Humble Oil & Refining Arkansas Louisiana Gas Sippl. it:al agree. C 4-24-67' Co. Co. Kinta Field Le nient 3-2,-67.' By the Commission. Flare County, Ola. Filing code: A-Initial service. [SKALI GORDON M. GRANT, B-Abandonment. C-Amendment to add acreage Secretary. D-Amendment to delete acra ige. F-Successlon. x W. H. Hudson (Operator) et al., and F-Partial successlon. Rocanville Corp. (Operator) et al. See footnotes at and of table.

FEDERAL REGISTER, VOL 32, NO. 131-SATURDAY, JULY 3, 1967 NOTICES 10113

C. o

"4-42

Ci 0 00 C~U -- u - z 10114 NOTICES

[Docket No. CP67-3821 this application if no protest or petition [Docket No. RP07-211 to intervene is filed within the time re- EL PASO NATURAL GAS CO. NATURAL GAS PIPELINE CO. OF quired herein, if the Commission on Its AMERICA Notice of Application own review of the matter finds that a grant of the certificate Is required by the Order Providing for Hearing and Sus- Jusy 3, 1967. public convenience and necessity. If a pending Revised Tariff Sheets Take notice that on June 27, 1967, El protest or petition for leave to intervene Paso Natural Gas Co. (Applicant), Post is timely filed, or if the Commission on JuNx 30, 1967. Office Box 1492, El Paso, Tex. 77999, filed its own motion believes that a formal Natural Gas Pipeline Co. of America in Docket No. CP67-382 an application hearing is required, further notice of (Natural) tendered for filing on May 31, pursuant to section 7(c) of the Natural such hearing will be duly given. 1967, changes in its FPC Gas Tariff, First Gas Act for a certificate of public con- Under the procedure herein provided Revised Volume No. 11 to become effec- venience and necessity authorizing the for, unless otherwise advised, it will be tive on July 1, 1967. The proposed construction and operation of certain unnecessary for Applicant to appear or changes would Increase Natural's sales natural gas facilities for the sale and de- be represented at the hearing. rates by $19,158,000, based on billing de- livery of additional volumes of natural mand units and volumes for the year be- more GORDON M. GRANT, ginning December 1, 1967, and its stor- gas to an existing customer, all as Secretary. fully set forth in the application which age service rate by $757,000 per year. The is on file with the Commission and open [FRt. Doe. 67-7860; Filed, July 7, 1967 proposed Increases would be applicable to public inspection. 8:46 a.m.] to Natural's rate schedules as follows: Specifically, Applicant seeks authori- 11 cents per Mcf In the demand rate and zation to construct and operate the fol- [Project No. 21311 1.9 cents per Mcf in the commodity rate lowing natural gas facilities: of CD-I, CD-2, and PL-1; 1.9 cents per on G-1 (1) Approximately 5.5 miles of 16-inch KINGSFORD CO. AND WISCONSIN Mcf on I-1; 2,62 cents per Mof O.D. pipeline and necessary appurte- MICHIGAN POWER CO. and 0-2. Natural's S-1 storage service nanes, commencing at a point of con- rate which Is a cost-of-service formula Notice of Application for Transfer of rate, would be Increased by changing the nection with its 26-Inch O.D. Sumas percent Mainline and terminating at a point of Interest in License for Constructed rate of return therein from 0/ Project to 7 percent. connection with its existing 16-inch O.D. JuNE 30, In support of Its proposed Increase, North Seattle Leteral loopline, all in 1967. Snohomish County, Wash.; the company states that on or before Public notice is hereby given that ap- December 1, 1967, it will have completed (2) Relocate its existing pressure reg- plication for transfer of interest in li- and placed in service facilities author- ulator station from its present location cense has been filed under the Federal ized in recent dockets' at an estimated of the existing 16-inch at the beginning Power Act (16 U.S.C. 791a-825r) by million. The company alo to the point of intercon- cost of $95.7 O.D. loopline Kingsford Co. of Iron County, Mich. states that It will experience Increased loopline proposed to Kingsford Chem- nection of the 16-inch (corporate successor purchased gas costs during the test pe- in (1) above; and ical Co. to whom the license was original- riod due to new supplies from Southern (3) Add an additional 12% inch O.D. ly issued) and Wisconsin Michigan Louisiana and Increases filed by other orifice meter run and make modifications Power Co. (correspondence to: Owen producers under contract provisions. Ad- to the existing North Seattle Lateral and Pyle, President, Kingsford Co., Post ditionally, Natural claims that its overall 40201, and loop, Snohomish County, Wash. Office Box 1033, Louisville, Ky. rate of return should be 7 percent be- Vice President and Gen- Applicant proposes to sell and deliver John G. Quale, cause its cost of capital has increased Power to Washington Natural Gas Co. (Wash- eral Counsel, Wisconsin Michigan materially due to higher Interest cost on West Michigan Street, Milwau- ington), through the facilities proposed Co., 231 new financing and retirement of older, of Kings- above, additional volumes of natural gas kee, Wis. 53201) for transfer low cost debt. Natural estimates itH ford Co.'s interest in the license to Wis- to meet Washington's estimated needs for the near future at about, consin Michigan Power Co. capital needs during the 1967-68, 1968-69, 1969-70, and $130 million. The proposed rates al re- 1970-71 heating seasons. Applicant states The existing project, known as Kings- fleet normalized taxes and a 12 percent that Washington estimates its needs for ford Hydroelectric Plant, Is located par- rate of return on accumulated deferred the 1970-71 heating season at 123,479 tially in the city of Kingsford, in Dick- income taxes. Analysis of the filing in- Mcf per day of natural gas. Applicant inson County, Mich., and Florence Coun- dicates that, among other things, the states that Washington has experienced ty, Wis., on the Menominee River, and data submitted in support of the pro- continuous load growth in the Seattle affects public lands of the United States posed Increases present Issues concern- area since the inception of natural gas consisting of several islands. The project ing rate base, the overall rate of return, , service and will require the volumes of consists of: (1) A dam about 845 feet the claimed allowance for income taxe., of, a powerhouse intake natural gas proposed above to meet its long composed the use of normalized taxes and a 1 ', growing demands. section, a gated spillway section, and percent rate of return on accumulated Applicant estimates the total cost of two earth sections; (2) a detached earth deferred Income taxes, the estimated the proposed facilities at approximately dike about 313 feet long on the Michigan sales volumes, claimed purchased gas $571,907, said cost to be financed through side of the river; (3) a powerhouse con- costs and rate design. working funds, supplemented, as neces- taining three 3,200 horsepower turbines, The increased rates proposed have nit. sary, by short-term bank loans. each connected to a 2,400 kilowatt gener- been shown to be Justified and may le Protests or petitions to intervene may ator; (4) a double circuit transmis- unjust, unreasonable, unduly discrinit- sion line about three miles long; and natory, preferential or otherwise un- be filed with the Federal Power Com- (5) appurtenant facilities. mission, Washington, D.C. 20426, in ac- lawful. Protests or petitions to intervene The Commission finds: It is necessary cordance with the rules of practice and may be filed with the Federal Power and proper in the public interest and ti proo dure (18 CFR 1.8 or 1.10) and the Commission, Washington, D.C. 20426, aid in the enforcement of the provisions regulations under the Natural Gas Act in accordance with the rules of practice (§ 157.10) on or before July 28, 1967. and procedure of the Commission (18 I The proposed revised sheets Include First last day upon Take further notice that, pursuant to CFR 1.8 or 1.10). The Revised Sheets Nos. 25-B. 2r-E; kecond 14'- which protests or petitions may be filed Is vised Sheets Nos. 25-0, 25-D, 25-F, Third the authority contained in and subject August 18, 1967. The application is on file Revised Sheets Nos. 16, 19, 19-0, 22: Fifth to the jurisdiction conferred upon the with the Commission for public inspec- Revl'ed Sheets Nos. 6, 12, 15, 18 Sixth Re- Federal Power Commission by sections tion. vised Sheets Nos, 9, 13, 19-A, 19-13. 2The dockets referred to are: OP611 7 and 15 of the Natural Gas Act and the GORDON M. GRANT, (Phase II) (not including facilities author- Commission's rules of practice and pro- Secretary. ized on May 15, 1967, by an amendment to cedure, a hearing will be held without [i.R. Doc. 67-7861; Filed, July 7, 1967; the Commission's order), 0P65-160, 0I't6- further notice before the Commission on 8:46 a.m.] 170, and CP64-150. FEDERAL REGISTER, VOL. 32, NO. 131-SATURDAY, JULY 8, 1967 NOTICES 101U5

of the Natural Gas Act that the Commis- [Project No. 21571 (C) Joint licensees shall submit with- sion enter upon a hearing concerning PUBLIC UTILITY DISTRICT NO. 1 OF in 21 days from the date hereof for Com- the lawfulness of the rates, charges, misJon consideration revised Exhibit L classifications and services contained in SNOHOMISH COUNTY, WASH., drawings reflecting the proposed repairs Natural's FPC Gas Tariff, and that the AND CITY OF EVERETT, WASH. or modification of the diversion dam proposed revised tariff sheets listed above facility. be suspended and the use thereof deferred Supplemental Order By the Commission. as hereinafter provided. Jmm 30, 1967. The Commission orders: Pursuant to the Comml-iion's order of [sEAL] Gcnor LL GrANT, (A) Pursuant to the authority of the May 19, 1967, as amended, a hearing Secretary. Natural Gas Act, particularly sections 4 was convened in Seattle, Wash, on inter [t.F. Dac. G7-7863; nLNd July 7. 1967; and 15 thereof, the Commission's rules alia water releases in the Sultan River, 8:46 a.m.) of practice and procedure and the regu- project inspection and consideration of lations under the Natural Gas Act (18 repairs to project structures. Testimony CR CI. I), a public hearing shall be held of witnesses for the joint licensees at on a date fixed by notice from the Pre- pages 76, 77, 86, 87, and 123 of the record DEPARTMENT IFTHE INTERIOR siding Examiner concerning the lawful- makes it clear that repairs to Culmback ness of the rates, charges, classifications Dam outlet tunnel, one of the project Bureau of Land Management and services contained in Natural Gas structures, may be safely gleferred until Is-&&M Pipeline Co.'s FPC Gas Tariff, as proposed next year. However, conditions of the to be amended by First Revised Sheets downstream diversion dam utilized in CALIFORNIA Nos. 25-B, 25-E; Second Revised Sheets water supply to the city of Everett are Notice of Proposed Classification of Nos. 25-C, 25-D, 25-F; Third Revised such that repairs are immediately neces- Sheets Nos. 16, 19, 19-C, 22; Fifth Re- sary this year in order to avoid danger of Public Lands for Multiple-Use vised Sheets Nos. 6, 12, 15, 18; Sixth structural failure and subsequent serlous Management Revised Sheets Nos. 9, 13, 19-A, 19-B. impairment of the city's water supply Jus.ix 23, 1967. (B) Pending such hearing and deci- system. 1. Pursuant to the Act of September 19, sion thereon, the proposed tariff sheets To meet the above conditions by ac- 1964 (78 Stat. 936; 43 U.S.C. 1411-18), listed in paragraph (A) above are sus- complishing necessary repairs to the dl- and to the regulations In 43 CFR, Parts pended and the use thereof deferred un- version dam this summer, staff, joint 2410 and 2411, It is proposed to classify til December 1, 1967, and until such fur- licensees and petitioners State of Wash- for multiple-use management, the public ther time as they are made effective in ington Departments of FIsherles and lands deccribed in paragraph 3 together the manner prescribed by the Natural Game, recognized the need for certain with any lands in the areas described in Gas Act. minimum water releases during the pe- pararaph 3 that may become public (C) Natural, having already served its riod of repair to preserve fish life. The lands in the future. As used herein, "pub- direct evidence, the Commission staff understanding of the Joint licensees and ic lands" means any lands withdrawn or and interveners shall serve their direct petitioners is reflected in an agreement reserved by Executive Order No. 6910 of dated June 15, 1967, pages 239 and 240 November 26,1934, as amended, or within testimony and exhibits in this proceed- of the record. a grazing district established pursuant to Ing upon the Presiding Examiner and Following execution of the June 15, the Act of June 28, 1934 (48 Stat. 1269), all other parties as follows: Staff, on or 1967, agreement the hearing was re- as amended, which are not otherwise before October 24, 1967, and Interveners cessed by the presiding examiner to per- withdrawn or reserved for a Federal use -on or before November 6,1967. mit Joint licensees to begin Immediate or purpose. (D) Pursuant to § 1.18 of the Commis- plans for making repairs as soon as pos- 2. PubicaUon of this notice segre.ates sible to the diversion dam and to pro- (a) all public lands described below from sion's rules of practice and procedure, vide the minimum water releases for fish appropriation under the agricultural land a prehearing conference before the Pre- (Tr. 240-241). laws (43 U.S.C., Chs. 7 and 9, and 25 siding Examiner shall commence at 10 Counsel for the Public Utility District U.S.C. 334) and from sale under section am., es.t., on November 27, 1967, in a at page 237 of the record noted that the 2455 of the Revised Statutes (43 U.S.C. hearing room of the Federal Power Com- June 15 agreement was made with the 1171) and (b) the lands described in mission, 441 G Street NW., Washington, understanding that it would not prej- paragraph 4 from appropriation under udice the rights of the Public Utility the mining laws (30 US.C, Ch. 2). D.C. 20426, for the purpose of effectuat- District or city with regard to future 3. The public lands are located within ing the expeditious disposition of this water releases when repairs are made at the following described areas within proceeding. Culmback Dam and/or the city's diver- Amador and Calaveras Counties, west of (E) Presiding Examiner Ewing G. sion dam in 1968 or beyond. Stanislaus National Forest. For the pur- Simpson, or any other officer or officers The Commission finds: It Is necessary poses of this proposed cla.ssificatlon, the lands have been subdivided into BlocIs, of the Commission designated by it for and appropriate for the purposes of the Federal Power Act, the Commison's reg- each of which has been analyzed in detail that purpose, shall preside at the pre- ulations thereunder and the license for and described in documents and on maps hearing conferences and hearing in this Project No. 2157 to order as hereinafter available for inspection at the Folsom matter, pursuant. to the Commission's provided. 3l-strict Office, Bureau of Land Manag-e- rules of practice and procedure, and par- The Commission orders: ment, 63 Natoma Street, Folsom, Calif. ticularly §§ 1.27, 1.18 and 2.59 thereof: (A) Further hearings in this proceed- 95630, and in the Sacramento Land Of- fice, Bureau of Land Management, 650 Provided, however, That the Presiding ing are continued for a period of 120 days. Capitol Mall, Sacramento, Calif. 95814. Examiner may in his discretion set the (B) The Commission's order of May The overall descriptions of the areas are date for service of rebuttal evidence be- 19, 1967, requiring continuation of pres- as follows: fore or after cross-examination of the. ent flows is modified in accordance with LlOtn D1=0~ hM=zAIr, CAMOIcxAz direct evidence. the terms of the June 15 agreement of the Joint licensees and petitioners which racx ITO. I By the Commiss on. is hereby incorporated by reference in MA1pub1i lands in. [SEAL] GORDON XT GRANT, Its entirety, so as to provide a temporary T. 1 N, . 13 E, Secretary. minimum flow of water for fish during Ees. 2, 4, 5, 8, 9. 11, 15 21, 22, 28, md 29.1 [FP. Doc. 67-7862; Tiled, July 7, 1967; the period the diversion dam Is under T. 2 1.,R. 132., - 8:46 ai.] repair. See. 21,23,24,25, and 2&6.

FEDERAL REGISTER, VOL 32, NO. 131-ATRDAY, JULY 8, 1967 No. 1a1-1. 1-10 10116 NOTICES

T. 2 N., R. 14 X., T. 4 N, R. is X., T. 7 N., R. 13 E., Secs. 4, 5, 6, 8, 9, 17, 19, and 20. Sec. 27, lot 12; Sec. 13, SZ4SW SZY/ and SEJ/4 8 C ; T. 3 N., &. 14 X., Sec. 3, lot L Sec. 23, NB SB and SEV4SW SE 4: Sees. 1, 2, 11, 12, 18, 14, 15, 22, 28, 26, 27, T. 4 N. P. 14 x., Sec. 24, lots 2,3,4, 5, and 6, NXNWYN',I, 31, 33, and S4. Sec. 30, lots 6 and 7. N YN~W !/4 HWY4NWY4, W~aW'q T. 4 N., R. 14 R., NW4, and NW4SY4; Sees. 34,35, and 36. BLOCK NO. T Sec. 26, W NZY NX4, WNCY4, SP1% SE/ NW , NE3'SW , 8EY'WY SW'j/, BLOCK NO. II All public lands In: 4 4 SW/ 4 SW%, and NWY4SX SWY; All public lands In: T.4N.U.PloB Sec. 27, SE SBE/8B ; Secs. 3 and 4. 4 4 4 Sec. 32, S/2 of lot 1, SBE!/4 NW14SW , 1 T. 3 N., n. 11 E., T. 5 N., R. 10 E., SWV SW 4, and portion of N4sEV; Sees. 3, 4, 9, 10, 11, 13, 14, 15, 17, 18, 20, Secs. 32,33, and 34. 4 T. 7 N. U. 11B. Sec. 33, NZ N% S XWYNB4, SNE'j, 21: 23, 24, 25, and 2S. S'/ NWV4, W!/ N SW1, and NWj T. 4 N., n. 11 E., Sees. 10 to 15, inclusive. 4 4 Sees. 25, 26, and 35. T. 6 N., r. 12 E, Sec. 34, N!/ NBZ/ , W'ANWV4, and 8E",j T. 8 N., R. 12 B, Sec. 9. 4 NW'14 ; Seos. 19 and 80. T. 7 N., R. 12 E., Sec. 35, NW1/ NW14NW14. Sees. 1, 2, 9, 10, 12, 13, 14, 17, 18, 19, 20, 28, 4 Except the following public lands: 29, 33, and 34. T. 2 N., . 14 E., Sec. 4, NW/ 4 SW'/ 4 , T. 8 N., R. 11 E., T. 4 N., P. 13 E., Sec. 17. W SWY. Sec. 3, lot 4 and SEV4NEV. Sees. 3, 10, 11, and 15. T. 5 N., R. 13 E., T. 3 N., R. 14 E, BLOCK NO. DrI Sec. 33, SESM'; Sec. 6, secs. 8 to 11, inclusive, secs. 17, 20, Sec. 34, NW4NWY. All public lands in: 27, 33, and 34. T. 6 N., R. 14 E,, T. 6 N., R. 13 E., Sec. 4, WNW1; T. 5 N., R. 11 R., Sec. 31. Sec. 1. Sec. 5,E NE 4: T. 4 N., P. 14 E., Sec. 18, NE %9 ; T. 5 N, R. 12 E., Sees 4,7,22, and 27. 4 Sees. 5 and 6. T. 5 N.,R. 14H, Sec. 26, W/ 2SE',. T. 6 N., R. 12 E., Secs. 11, 13, 14, 18, 19, and 23. Sees. 1, 11, 12, 13, 14, 23, 24, 25, 26, 27, 29, 5. For a period of sixty (60) days from T. 6 N., R. 14 E., the date of publication of this notice in 32, 88, 84, and 85. Sees. 24 and 31. T. 6 N., M. 18 E., the FDERAL R.ZaSTRz, all persons who Sec. 1, 2, 8, 5, 6, 7, 8, 9, 12, 13, 14, and 15, Except the following public lands: wish to submit comments, suggestions, secs. 17 to 27, Inclusive, and sec. 80. or objections In connection with the pro- T. 7 N., 1..13 E., T. 7N., R. 11 E., posed classification may present their Sees. 13, 20, 21, 23 to 29, inclusive, and sec. is, SRI4SEY4. T. 5 N, R. 12 E., views In writing to the Folsom District sees. 81 to 36, inclusive. Manager, Bureau of Land Management, T. 5 N., T. 14 E., Sec. 2, tract in W/ 2 designated as Mineral Secs. 1, 2, and 3. Land. 63 Natoma Street, Folsom, Calif. 95030, T. 6 N., 1. 14 B., T. 7 N., R. 12 E., or at the public hearing. Sees. 4, 5, 7,8, 15, 17, 18, 19, 20, 26, 29, 30, Sec 33, lot 42. 6. A public hearing on this proposed 32, and 35. T. 4 N., R. 13 E., classification will be held at 10 am, on T. 7 N., R5. 14 R., Sec. 10, N NW 4 SE 4 ; July 19, 1967, in the City Hall, San Sec. 30. Sec. 11, NE 4NW4SEY4. T. 5 N., P. 13 E., Andreas, Calif. Except the following public lands: Sec. 33, E SWSEY. For the State Director. T. 6 N., M.13 B., T. 4 N., P. 14 E., Sec. 7, lots 12 and 18. H. CURT HAMMIT, Sec. 80, lots 9 and 7gB. District Mamager. T. 7 N., 1. 13 B., The public lands proposed to be classi- See. 21. lot 2; [P.R Dec. 87-7867; Iled, July 7, 1067; Sec. 26, those portions of lots 2 and 8 lying fled aggregate approximately 30,972 8:46 am.l between Mineral Survey 5082 and lot 46, acres. and those portions of lots 2 and 8 lying 4. As provided in paragraph 2, the east of lot 46; See. 29, lots 1 to 5, inclusive; following lands are segregated from ap- Sec. 82, tract designated as Mineral Land propriation under the mining laws NEVADA in W NW and fractional W W 2WV (totaling approximately 1,997 acres): SE 4 NW 4 ; Notice of Proposed Withdrawal and Sec. 35, tract designated as Mineral Land Mousr D-nLo Mmux, CALnWoRxu In SW NEY,. Reservation of Lands R. T. 8 N., R. 9 E., T. 7N., 14E., JuNx 30, 1907. Sec. 30, lots 8 and4. Sec. 25, N3y4NWY and S NW!. T. 5 N., R. 10 E, The Atomic Energy Commission has BLOCK IV See. 32, NEI4SH'A and SYsBV:; filed the above application for the with- All public lands in: Sec. 33, sWY4NW4 and NWYSWY4. drawal of the lands described below, from T. 4 N., R. 12 B, T. 8 N, R. 10 H., all forms of appropriation including the Sees. 1 and 2, and sees. 11 to 14, inclusive. Taylor Grazing Act and the mining and Sec. 22, SWY4 NW/4. T. 5 N, ,. 12 ., T. 3 N., R. 12 E, mineral leasing laws. Sees. 11, 13, and 14, sees. 22 to 26, inclusive, Sec. 9, E SE4NW/ . The applicant desires the land for an sec. 35. 4 underground nuclear testing and buffer T. 4N., U. 1 B. T. 6 N, 1. 12 E, Sees. 5 to 8, inclusive, sec. 13, sees. 18 to area. Sec. 34, NWY4SE4. For a period of 30 days from the date 30, inclusive, and sees. 38 to 36, inclusive. of publication of this notice, all persons T. 5N, U. 1 E, Sec. 6, SEYNW4. Sec. 80. who wish to submit comments, sugges- T. 4N. R. 14 B., T. 5 N., . is E, tions, or objections In connection with See. 19, and secs. 29 to 82, Inclusive. Sec. 11, W SE/SEY; the proposed withdrawal may present Except the following public lands= Sec. 27, Emma Quartz Mine, their views in writing to the undersigned Sec. 34, NW4NEY4 and H4NWY4. offcer of the Bureau of Land Manage- T. 5 N, P. 12 34, T. 6 N., R. 13 E, ment, Department of the Interior, Room Sec. 11, that portion of lot I lying west of Mineral Survey 6114; Sec- 8, tract in S2NW4 designated as 3008, Federal Building, 300 Booth Street, Sem 24, lot2. Mineral Land. Reno, Nev.

FEDERAL REGISTER, VOL 32, NO. 131-SATURDAY, JULY 8, 1967 NOTICES 1011T

The Department's regulations (43 CFR Palute Indians of the former Lfolheur investigatlons and service work reated 2311.1-3(c)) provide that the authorized Reservation; to current and pros-ective competition officer of the Bureau of Land Manage- (33) Act of Au.gust 20, 19G4, P1.L with and demand for specific U.. agri- ment will undertake such investigations 88-506, 718 Stat. 639: The Nehalem Band cultural products in foreign commodity as are necessary to determine the exist- of the Tillamook Indians and the Tilla- markets; functions under 7 U.S.C. 1761- -ing and potential demand for the lands mook Band of the Tillamook Indians; 1766, 19 U.S.C. 1354, 22 U.S.C. 501, but and their resources. He will also under- (34) Act of October 14, 1966. P.L. excludin balsic and long-range analyzss take negotiations with the applicant 89-655, 80 Stat. 905-906: The Qulleute of world conditions and developments agency with the view of adjusting the and Hoh Tribes; affecting supply, demand, and trade in application to reduce the area to the (35) Act of October 14, 1966, P1. 89- farm products and general economic minimum essential to meet the appli- 656, 80 Stat. 906: The Nooksack Trbe' analyses of the international financial cant's needs, to provide for the maximum (36) Act of October 14, 1966, P1,. 89- and monetary aspects of agricult ral concurrent utilization of the lands for 659, 80 Stat. 909-910: The Mami Indians affairs as assigned to Economic R-arch purposes other than the applicant's, to of Indiana and Oklahoma; Service; (b) ha" responsibility for the eliminate lands needed for purposes more (37) Act of October 14, 1966, P.L. 89- administration of sction 22 of the Agri- essential than the applicant's, and to 660, 80 Stat. 910-911: The Duwamish cultural Adjustment Act (of 1933), as reach agreement on the concurrent man- Tribe of Indians. amended, 7 U.S.C. 624, and export and agement of the lands and their resources. (38) All other acts which may author- Import controls, except thoze under 7 The authorized officer will also prepare ize the Secretary of the Interior to pre- U.S.C. 60ge-1, but including the co- a report for consideration by the Secre- pare a roll for purposes of distributing ordination of Department positions, ac- tary of the Interior who will determine judgment funds and to distribute such tons, and recommendations as they whether or not the lands will be with- funds to those persons whose names pertain to the administration of the Ex- drawn as requested by the applicant appear on the rolls. part Control Act of 1949, as amended, agency. (b) * * * 50 U.S.C. 2021-2032; (0) has re pon- The determination of the Secretary on siblity for the coordination of rela- the application will be published in the CHAnLrs F. LucE, tlon hip in the field of its primary FEDERAL REGISTER. A separate notice will Acting Secretary of the Interior. responsibilities between the Department be sent to each interested party of record. JuLy 3,1967. of Agriculture and the Department of If circmnstances warrant, a public [P.R. Doc. 67-7369; Fled. July 7, 1907; State, other departments and agencies hearing will be held at a convenient time 8:46 azma] of the Government, and the Food and and place, which will be announced. Agriculture Organization of the United The lands involved in the application Nations: (d) has rLsponsibility for act- are: Ing as the iaison agency between the mOUNT DzsLo NfMzIAN, N=VADA Department of Agriculture and the D,- DEPARTMENT OF AGRICULTURE partment of State, and coordinates, to T. 9 N., P- 51 E., unsurveyed, Foreign Agricultural Service Beginning at a point which Is N. 36°08'09" the extent permitted by law, the carrying out by Department agencies of their w., 15,911.46 feet, from the southeast corner STATEMENT OF ORGANIZATION, of T. 9 N., n. 51 E.; thence W., 5,280 feet; functions In foreign arens, Including re- thence N., 5,280 feet; thence E., 5,280 feet; FUNCTIONS AND DELEGATIONS OF lations with the Department of State at thence S., 5,280 feet, to the point of begini- AUTHORITY U.S. diplomatic and consular mis-ions, ning. foreign governments, private and public Pursuant to the authority contained The area described contains 640 acres. organizaons, private firms, and other In 5 U.S.C. 552 and 559, there is hereby departments and agencies of the U.S. DANIEL P. BAKER, published the Statement of Organiza- Government; (e) has responsibility for Land Office Manager. tion, Functions, and Delegations of Au- the administration of commodity e.port thority of the Foreign Agricultural Serv- IF.R. Doc. 67-7868; Piled, July 7, 1967; sales programs including export pricing 8:46 am.] ice. policies, and export subsidy programs, SECTOr 1. Gcneral. The Foreign Agri- other than section 32, 7 U.S.C. 612c; cultural Service, hereinafter referred to (fW has primary responsibility for the Office of the Secretary as "TAS", was established March 10, administration of barter programs under [Order No. 2508, Amdt. No. 72] 1953, by the Secretary of Agriculture which agricultural commodities are ex- pursuant to the authority vested in him ported in exchange for strategic and COMMISSIONER OF INDIAN AFFAIRS by section 161, Revised Statutes, 5 U.S.C. other materials, including strategic and 22, and Reorganization Plan No. 2 of critical materials for the National Stock- Delegation of Authority 1953. The central office of FAS Is located pile, 15 U.S.C. 714b; strategic and other Delegation of authority to Commis- at Washington, D.C., In the South Build- materials for the supplemental stock- sioner of Indian Affairs with respect to ing of the Department of Agriculture. pile, 7 U.S.C. 1856; materials, goods, and the distribution of funds derived from Szc. 2. Functions. FAS is responsIble equipment required in connection with appropriations in satisfaction of awards for the general administration of a wide foreign economic and military aid and assistance programs, to Indian tribes by the Indian Claims range of programs relating to foreign for offshore con- struction programs, Commission and the Court of Claims. trade in agricultural commodities. The and for specific re- quirements of government Order Service (a) has primary rezponsibilitles agencies, 7 2508, as amended, is further U.S.C. 1692; (g) has primary amended to add subparagraphs 32 for Department activities relating to for- responsi- bility for Department functions under through 38 to section eign agricultural trade, including co- 30. As so amended, Title I of the Agricultural Trade Davel- section 30 reads as follows: ordination of U.S. agricultural Interests before bodies such as the Special Repre- opment and Ass.istance Act of 1954 SEC. 30. Authority under specific acts. (Public Iaw (a) In addition sentative for Trade Ne-otiatlons, the 480), as amended, 7 U.S.C. to any authority dele- Trade F_pansion Act 1701-1709, 1731-1736, including market gated elsewhere in this order, the Advisory Commit- tee, and other departmental committees development trade programs under sec- Commissioner of Indian Affairs, except concerned with the tion 104(b) (1) of the Act, but excluding as provided administration of in paragraph (b) of this the Trade Expansion utilization research In aid of market de- section, Act of 1962, the is authorized to perform the Organization for velopment under section 104(b) (1), and functions and exercise the authority Economic Cooperation and Development, the General Agree- farm, forestry, marketing, and utiliza- vested in the Secretary of the Interior ment on Tariffs and Trade, and the tion rezearch under section 104(b) (3) by the following acts or portions of acts European Economic Community (the of the Act; (h) has responsibility for or any acts amendatory thereof: Common Market); development of for- activities involving program develop- e gn markets for agricultural products ment., evaluation and review, including (32) Act of August 20, 1964, PL. of the United States; relationships with related liaison with the Agency for In- 88-464, 78 Stat. 563: The Snake and foreign areas; marketing and economic ternational Development participating

FEDERAL REGISTER, VOL 32, NO. 131-SATURDAY, JULY 8, 1967 10118 NOTICES private relief agencies and intergovern- factors affecting exports and imports of SEc. 5. Availability of Records and In- mental organizations with respect to the U.S. agricultural commodities designed formation. Any person desiring Informa- donation of foods for distribution to for use in the development of programs, tion or wishing to make submittals or needy persons In foreign Countries, but and the provision of such information to requests with respect to the programs excluding responsibilities related to pro- domestic producers, the agricultural and functions of FAS should address his gram execution involving procurement, trade, the public, and other interests; request to the Assistant Adminittrator reprocessing, packaging, delivery of and the promotion of normal commer- for Management, PAS, Department of commodities, and maintenance of rec- cial markets abroad. Agriculture, Washington, D.C. 20250. ords pertaining thereto; and (I) has (f) Assistant Administrator for In- Records of FAS are available for examiii- responsibility for ocean transportation ternationalTrade. The Assistant Admin- nation in accordance with regulations functions under the provisions of Public istrator for International Trade Is pri- governing the availability of records is- Law 480, but excluding the responsibility marly responsible for administering and sued by the Secretary of Agriculture and for designating and moving to port Posi- coordinating the responsibilities of the the Administrator, 7 CFR Parts 1 and tion commodities donated under Title II Department of Agriculture with respect 1520, as amended. of Public Law 480 and the fiscal exam- to international trade agreement pro- ination and accounting functions for grams and negotiations. He also ad- Signed at Washington, D.C., this 30th Public Law 480 transactions, ministers specified agricultural import day of June 1967. SEc. 3. Organizationand Junctionalre- and export controls. RAYMOND A. IOANs, sponsibilities.The Administrator, who is (g) Assistant Administrator for Agri- Administrator, also a Vice President of the Commodity cultural Attaches. The Assistant Admin- ForeignAgricultural Service. Credit Corporation (hereinafter re- istrator for Agricultural Attaches is pri- fe-red to as "CCC"), is responsible to marily responsible for administering the Approved: July 3, 1967. the Assistant Secretary for International worldwide Agricultural Attache program JOHN A. BAK R, Affairs for the general direction and in coordinating the collection, interpre- Acting Secretary. supervision of programs assigned to tation, and reporting by attaches of mar- [P.R. Doc. 87-7879; Filed, July 7, 1007; FAS. keting, economic, and trade information 8.47 a.m.] , (a) Associate Administrator. The As- in foreign areas essential to the admin- sociate Administrator acts for and assists istration of U.S. foreign agricultural the Administrator in formulating and policies and programs, assuring effective Office of the Secretary administering the policies and programs Department liaison through Agricultural of PAS and CCC, and acts in the ca- Attaches with Chiefs of the U.S. Diplo- ORGANIZATION, FUNCTIONS, AND pacity of Vice President, CCC, in the matic Missions, and assuring effective AVAILABILITY OF INFORMATION absence of the Administrator. working relationships by Agricultural Notice Is hereby given for the guid- (b) General Sales Manager.The Gen- Attaches with other U.S. agencies and ance of the general public as to the or- eral Sales Manager is primarily respon- foreign government officials, private ganization, functions, and availability sible for administering CCC and PAS ex- agencies in the fields of agriculture, com- of information of the Office of the Secre- port programs and pricing policies re- merce, industry and finance, trade orga- tary, U.S. Department of Agriculture, lating to foreign sale for dollars of CCC nizations, exporters, distributors, farm- pursuant to 5 U.S.C. 552, 559. owned or price-support commodities, ers, and international trade, farm and SECTION 1. Organizationand functions. and export pricing policies and programs commodity groups, and organizations. The Office with of the Secretary, U.S. Depart- respect to special export programs (h) Assistant Administratorfor Man- ment of Agriculture, consists of the Sec- except for the wheat and flour export agement. The Assistant Administrator retary, Under Secretary, programs. and Assistant for Management assists the Administra- Secretaries of Agriculture, and other (c) Assistant Administrator for Ex- tor in the formulation, coordination, and staff members. The Office of the Secre- port Programs. The Assistant Adminis- evaluation of FAS programs and opera- tary provides the overall policy guidance trator for Export Programs is primarily tions. He also designs and administers and direction of the activities of the De- responsible for the policies and pro- management and information operations partment of Agriculture. Overall policy grams of PAS with respect to Title I of essential to effective conduct of PAS statements and announcements are Public Law 480. He coordinates such pro- activities. made from this Office. grams with other agencies of the Gov- Szc. 4. Delegations of Authority. The The Office of the Secretary Is loeat' d ernment, in making use of foreign cur- Administrator formulates and adminis- in Washington, D.C. Hours of duty are rencies and related appropriations In the ters programs assigned to FAS under from 9 am. to 5:30 pn. development of new, and expansion of delegated authority from the Secretary SEc. 2. Availability of internal direc- existing, foreign markets through such of Agriculture, 29 F.R. 16210. This in- tives. Internal administr;tive and pro- activities as international agricultural cludes authority to execute any docu- gram directives of the Office of the Sec- trade fairs and specialized trade projects. ment, authorize any expenditure, pro- retary are available for public inspec- (d) Barter and Stockpiling Manager. mulgate any rule, regulation, order or tion and copying except as may be ex- The Barter and Stockpiling Manager is instruction required by law or deemed empt under section 3. An index to such primarily responsible for administering by him to be necessary and proper to the material is also available for inspection the program and policies for barter of discharge of the functions assigned to and copying. Facilities for inspection and U.S. surplus agricultural commodities in FAS, and take any other actions incident copying are available In the Administra- meeting specific national objectives, co- to the discharge of such functions. This tion Building, U.S. Department of Agri- operating with other U.S. Government authority is exercised under the general culture, Washington, D.C. Arrangements agencies in determining the impact of direction and supervision of the Assistant for such may be made by contacting current barter activities on foreign policy Secretary for International Affairs and the Chief, Secretary's Records and Com- and the U.S. balance of payments, and is subject to the general responsibilities munications Division, Office of Plant and developing in conjunction with other of the Secretary to the President and to U.S. agencies Operations, U.S. Department of Agri- new opportunities for en- Congress. The Administrator may dele- culture, either in person or by mail. larging the use of barter in support of gate his authority and provide for re- Applicable U.S. Government objectives, fees ere prescribed by the Di- delegation of such authority to appro- rector, Office of Plant and Operations. (e) Assistant Administrator for Com- -- riate officers and employees. However, Szc. 3. Availability of identifiable modity Programs.The Assistant Admin- in no case does any delegation of au- records. All records of the Office of the istrator for Commodity Programs is pri- thority to the Administrator preclude Secretary are available for Inspection and marly responsible for administering the Secretary, Under Secretary, or the copying except exempt records, which policies and programs involving studies appropriate Assistant Secretary from Include the following: of worldwide production, trade, market- exercising any of the powers or functions (a) Matters specifically required by Ing, prices, consumption, and other so delegated. Executive order to be kept secret;

FEDERAL REGISTER, VOL 32, NO. 131-SATURDAY, JULY S, 1967 N6TICES 10119

(b) Mlatters related solely to the In- dcdlgn of snuch -paat,=. The fcra..-n ternal personnel rules and practices of DEPARTMENT OF COMMERCE article proides needed accuracy without the Department; Business and Defense Services requirng correction for paralla or (c) Matters specifically exempt from sps-clailzed =-ray equipment in ordar to disclosure by statute; Administration achieve this accur-acy. The forein article (d) Trade secrets and commercial or OHIO STATE UNIVERSITY alo provides wide veratility in its ran.e financial information obtained from any of application to any area within the person and privileged or confidential; Notice of Decision on Application for human head. In addition, the foreign (e) Interagency or intraagency memo- Duty-Free Entry of Scientific Article article permit- the use of a variety of randa or letters which would not be The following is a decision on an ap- lezion producing methods with a sincde available by law to a party other than an apparatus. In our judgment, the greater plication for duty-free entry of a scien- utility and v ratility of the foreign ar- agency in litigation with the Depart- tific article pursuant to section 6 (c) of ment; ticle can provide not only a greater the Educational, Scientific and Cultural degree of success in the operating theater (f) Personnel and medical files and Materials Importation Act of 19G6 (Pub- or laboratory, It can also in ce tain cass similar files the disclosure of which lic Law 89-651; 80 Stat. 897) and the reg- insure succezs rather than failure. The would constitute a clearly unwarranted ulations issued thereunder (32 P.R. 2433 Department of Commerce Inows of no invasion of personal privacy; and et seq.). Instrument or apparatus being made in (g) Investigatory files compiled for A copy of the record pertaining to this the United States, which Is of equivalent law enforcement purposes except to the decision is available for public review scientific value to the foreign article for extent available by law to a party other during ordinary businezs hours of the the purposes for which such article is than an agency. Department of Commerce, at the 01ca intended to be uied. SEC. 4. Requests for records. Requests of Scientific and Technical Equipment, Department of Commerce, Room 5123, CH~r=L11MD -. o::, for Office of the Secretary records may Director, O0ce of Scientite be made Washington, D.C. 20230. in writing or in person to the and Technical Equipment, Chief, Secretary's Records and Commu- Docket No. 67-00016-33-90000. Ap- plicant: The Ohio State University, 190 Bt,-iness and Defenze Serrices nications Division, Office of Plant and Administration. Operations, Administration Building, North Oval Drive, Columbus, Ohio 43210. US. Department of Agriculture, Wash- Article: Bennett Stereotaxlc Apparatus, [P.I. Da-. 67-75; Filed, July 7, 1057; ington, D.C. 20250. Each request shall be with parts and accesorie. Manufac- 8:45 a.m.] reasonably specific in order to properly turer: Whitby Tool & Engineering Co., identify the record(s) sought. Ltd., United Kingdom. Intended use of SEC. 5. Determination.The Chief, Sec- article: Applicant states: OREGON REGIONAL PRIMATE RE- retary's Records and Communications This apparatu is denIgned to enable the SEARCH CENTER OF THE MEDI- Surgeon to perform any operation of .tereo- CAL RESEARCH FOUNDATION OF Division, shall make records available taxic surgery with certainty and e. * 0 when requested in accordance with sec- Anterior and lateral views define the tar- OREGON tion 4, unless he determines that it is an get In three dlmenslons, fo that the ccral- exempt record. The Chief, Secretary's circular Instrument carricr Is readily cc-t to Notice of Decision on Application for Records and Communications Division, guide to the choren part Q1 the brain any Duty-Free Entry of Scientific Article shall give written notice of any such straight Instrument. eleetrcde, needle, can- nula, X-ray, or ultrasonlc bcam The following Is a dEcislon on an ap- determination, together with the reasons plicatlon for duty-free entry of a sci- therefor. The carrier and Its boaring ar marked off n degreen so that instruments or benms entifle article pursuant to section 6(c) of SEC. 6. Appeals. A denial by the Chief, can be directed to meet at a single point the Educational, Scientific, and Cul- Secretary's Records and Communica- from any combination of approachco. Three- tural Mate rils Importation Act of lS96 tions Division, for an Office of the Sec- dimensional patterns or electrodes or radio- (Public Law 89-651; 80 Stat. 897) and the retary record or records may be appealed, active pellets can be ret up. Latcral ap- ric-ulations Issued thereunder (32 P.R. by the person who made the request, to proachc through the temporal area as in the treatment of temporal lobe opilcpsy can 21433 et caq.). the Assistant Secretary of Agriculture be made with guide platen mounted on the A copy of the record pertaining to this for Administration. The appeal shall.be frame. declson Is available for public re-isw made in writing within 15 days of the For some applications it baa b-en found during ordinary buInesz hours of the date of the notice of denial. The Assist- valuable to use the apparatus to rot the Department of Commerce, at the Om1ca ant Secretary will give written notice of direction of single or multiple hole guldes of Scientific and Technical Equipm nt, the final determination of the Office of fastened subcutaneoutly to the rsLull, ro Department of Commerce, Room 5123, the Secretary. that repeated obzervations or interventlons can be made over a period of time. Such W_-hington, D.C. 20230. SEC. 7. Inspection and copies. A per- guides have been succcznfully uscd in the Daciet Noe.: 67-00017-33-46040. Appli- son requesting available records may in- treatment of Parkinsen's Dlsoase and in cant: Oroeion Rgiaonal Primate R - arch spect them and, upon payment of ap- the exploration of the thalamus. The stereo.- Center of the Medical Rezarch Found- plicable fees, copy, them, in the Office of taxic apparatus measures the distanco from tion of Oregon. 505 Northwest 185th the Chief, Secretary's Records and Com- the surfdee of the indwelling guldez to the Avenue, Beaverton, Oreg. 97005. Article: munications Division, on business days target area. Electron Microzcoe Model E-2,149 S, from 9:30 an.m to 5 p.m. Copies of such Comments: No comments have been No. 30030009; Anticontamination Dae-ac records may also be purchased by mall. received with repect to this application. No. 33300700. and Desiccator No. The applicable fees are prescribed by the 38301000. Manufacturer: Philips Elec- Director, Office of Plant and Operations, Decision: Application approved. No In- tronlc Instruments. Inc., Holland. In- U.S. Department of Agriculture. strument or apparatus of equivalent tcndcd use of article: Applicant states: scientific value to such article, for the The inserummnt will he Tr.l In n wa- Effective Date: The provisions of this purposes for which such article is in- notice are effective on July 4, 1967. tlon with the mciIcnl-lo:ocl rzs=:rch tended to be used, is being manufactured P:-o7ani . Th* p*oje2etn Lncluc2 the JosEPH Ml. ROBERTsoN, In the United States. Reasons: The fowi=ng dlvcr2 a-tlvltfct: Assistant Secretar stereotadc apparatus is to be ured in A. IXvczotfatlon of the ultreetructure of for Administration. the neurosurgical treatment of human tha fetal. neonatal, ad=adult. P-hu mo-key disease. Accuracy in placement of elec- adrenal coetc- with p=ticular reference to Juir 30, 1967. cytoloical eM*PCeslnz of zaxual dlmo:'pif-m trodes, ease and versatility In the use and resp=ase to stress. [FR. Dec. 67-7881; Filed, July 7. 1967; of the Instrument, and comfort of the B. A le-s-tructura 1nvczt -tfo o-, the 8:47 a.m.l patient are of major Importance in the clilbla of the oid t in the -hesuzmen-

FEDERAL REGISTER, VOL 32, NO. 131-SATURDAY, JULY 8, 1967 10120 NOTICES key with emphasis on the control exerted by kilovolts. (See page 1 of specification assistance in the construction of non- various gonadal hormones over ciliary atro- sheet attached to application.) The do- commercial educational television broad- phy and morphogenesis. mestic instrument offers only acceler- C. A study of the development of the fetal cast facilities are accepted for filing In skin, including sweat glands, sebaclous ating voltages of 50 and 100 kilo- accordance with 45 CFR, section 60.7: glands, and hair follicles. volts. (See par. 4(c) (i1i) of comment by Memphis Community Television Foun- D. An ultrastructural investigation of the RCA.) The domestic manufacturer dation, Memphis State University, Box development of epidermal tumors after the states that it has not been demonstrated 80,000, Memphis, Tenn., File No. 202, to administration of carcenogenic agents. that the additional accelerating voltages expand the facilities of noncommercial E. A study of developing elastin in liga- offered by the foreign article have pro- educational television station WKNO, ments and in the aorta in normal animals duced any results. However, it is known Channel 10, Memphis, Tenn. and in copper deficient animals. P. An investigation to describe the ultra- that for certain types of specimens con- Hampton Roads Educational Televi- structural features of cardiac and skeletal trast is increased as the accelerating sion Association, 402 East Charlotte muscle both in normal animals as well as in voltage is reduced below 50 kilovolts. The Street, Norfolk, Va., File No. 170, to animals exposed to special diets (I.e., high applicant has described the scientific amend its application for Improvement fat) or to the effects of various pharmaco- benefits, particularly the maximum con- of WHRO-TV, Channel 15, Norfolk, Va., logical agents. trast obtained in unstained specimens, by adding a transmitter unit which will G. A fine structural study of human which can be achieved through using increase power and expand coverage. melanocytes and melanomas, part of these grown in tissue culture. lower accelerating voltages. (See reply Arizona Board of Regents, Arizona H. The study of simple photoreseptors with of applicant to comments of RCA, dated State University, Tempe, Ariz., File No. emphasis on the correlation of structure and May 4, 1967, p. 3.) The availability of 203, to improve the facilities of non- function of specific cell types. the lower accelerating voltages is, there- commercial educational television sta- I. A descriptive study of fetal, neonatal, fore, pertinent to the research objectives tion KAET, Channel 8, Phoenix, Ariz. and adult pituitary under the influence of the applicant. Northeastern Pennsylvania Education- of hormonal manipulation, such as The domestic manufacturer also claims al Television Association, 29 West North- gonadectomy. hampton Street, Wilkes-Barre, Pa., FIle J. In addition to the aforementioned, other that the microfocus gun is needed as an problems are pursued on a routing service accessory to the foreign article only No. 204, to improve the facilities of non- basis for other investigative staff of this when the lower accelerating voltages are commercial educational television sta- Regional Primate Research Center who have utilized. (See RCA comment par. 4(c) tion WVIA, Channel 44, Scranton, Pa. projects amenable to the electron microscope (v).) However, the applicant has demon- Nebraska Educational Television Com- program. strated the need for the lower accelerat- mission, 1600 R Street, Lincoln, Nebr., Comments: Comments were received ing voltage. Moreover, as cited by the File No. 205, to Improve the facilities of from one domestic manufacturer, Radio applicant (page 4 of applicant's reply to noncommercial educational television Corporation of America (RCA), which RCA comment), the microfocus gun can station KUON, Channel 12, Lincoln, alleged inter alia that "the RCA Model be used advantageouly with other operat- Nebr. EMU-4 Electron Microscope with/ ing voltages. Any interested person may, pursuant named/accessories is of equivalent Therefore, the availability of the to 45 CFR, section 60.8 within 30 calendar scientific value to the instrument and microfocus gun is pertinent to achieving days from the date of this publication, accessories for which duty free entry has the research objectives of the applicant. file comments regarding the above appli- been requested for the purposes stated In our judgment, the differences in cations with the Chief, Educational Tele- in the application for which the instru- resolving power and accelerating volt- vision Facilities Branch, U.S. Office of ment is Intended to be used." (RCA com- ages, plus the availability of the micro- Education, Washington, D.C. 20202. ment, Apr. 27, 1967, par. (3).) Decision: focus gun as an accessory, lead to the (76 Stat. 64, 47 U.S.C. 390) Application Approved. No instrument or conclusion that the domestic instrument is not scientifically equivalent to the for- DONALD M. TRAPP, apparatus of equivalent scientfic value Acting Chief, Educational Tele- to the foreign article, for the purposes eign article for the purposes for which such article is intended to be used. vision Facilities Branch, U.S. for which such article is Intended to be Office of Education. used, is being manufactured in the The Department of Commerce knows United States. Reasons: The pertinent of no other instrument or apparatus [P.R. Doe. 67-7898; Piled, July 7, 1007, characteristics and pertinent specifica- which is of equivalent scientific value 8:49 a,ml tions of the foreign article were com- to the foreign article for the purpose for pared with similar pertinent charac- which the article is intended to be used teristics and pertinent specifications of and is being made in the United States. the RCA EMU-4 electron microscope. CHARLEY M. DENTON, ATOMIC ENERGY COMMISSION With respect to resolving power, the for- Director,Office of Scientific and [Docket No. 50-213] eign article offers 5 Angstroms or better Technical Equipment, Busi- CONNECTICUT YANKEE ATOMIC (the lower the numerical value in terms ness and Defense Services of Angstrom units, the higher the re- Administration. POWER CO. solving power). (See specification sheet [P.R. Doc. 67-7856; Filed, July 7, 1967; Notice of Issuance of Provisional of foreign article attached to application, page L) The domestic instrument offers 8:45 am.] Operating License 8 Angstroms or better. (See RCA com- Please take notice that no request for a ment, par. 4(c) (1).) While the major hearing by the applicant or petition for applications of the foreign article will DEPARTMENT OF HEALTH, EDUCA- leave to intervene by any interested per- involve the use of sectioned materials in son having been filed following publica- which the fine structure beyond the reso- tion of the notice of proposed action in lution capabilities claimed for the TION, AND WELFARE the FEDERAL REGIsTE, the Atomic domestic instrument is not preserved, Office of Education Energy Commission has Issued Provi- the applicant intends to apply the article sional Operating License No. DPR-14 to also to samples prepared by techniques CONSTRUCTION OF NONCOMMER- Connecticut Yankee Atomic Power Co. that do preserve structural detail to the CIAL EDUCATIONAL TELEVISION authorizing the licensee to possess, use, limit of resolution claimed for the for- BROADCAST FACILITIES and operate the Haddam Neck Plant eign article. pressurized water nuclear reactor located The differences in resolution capabili- Notice of Acceptance for Filing of on Connecticut Yankee's site on the east ties between the domestic instrument Application for Federal Financial bank of the Connecticut River, approxi- and the foreign article are therefore per- Assistance mately 21 miles south-southeast of Hart- tinent to the evaluation of scientific ford, in the town of Haddam, Middlesex equivalency. Notice is hereby given that effective County, Conn. The license authorizes The foreign article also offers acceler- with this publication the following de- operation of the reactor at power levels ating voltages of 20, 40, 60, 80, and 100 scribed applications for Federal financial not to exceed 1473 thermal megawatts,

FEDERAL REGISTER, VOL. 32, NO. 131-SATURDAY, JULY 8, 1967 NOTICES 10121 and incorporates Technical Specthca- The above transfers are deemed necca. way line of US. Highway No. CO and the tions. sary and proper for the purposes of the centerline of D_-t Road de-gnated on the Tennessee Valley Authority as stated in reserVa4on road map (attached hereto a- Ex- The Commission has inspected the hlblt A) of Camp BreeiL-nrdge, said p int facility and determined that It has been the Tennessee Valley Authority Act of being lo-ated in the northwst proparty line constructed in accordance with the 1933, as amended. of a tracV of land formerly onted by Mlar- application, as amended, -and the That certain tract of land d"ignated on garel I. Drury (B-15); thence along tha provisions of Construction Permit No. TVA land records as tract CBCR-1, the sald couth right-of-vzay line of U.S. H ghway N~o. CPPR,.J4. land consisting of a portion of the U.S. Ilii- CO in a northeasterly direction to the point The tary Reservation Identified as Camp Br-clin- of Inters-ction of the couth rlght-of-way of provisional operating license, as ridge, situated In the countics of Union. US. Highway l'o. C9 and the northea.-t right- issued, is as set forth in the Notice of Webster, and Hendercon, State of Kentuc!y. of-way line of Ientucky State Highvy N;o. Proposed Issuance of Provisional Operat- and more particularly described as follovs- 141. a comer to a tract of land formerly ing License published in the FzDERAL owned by rcd Doug=a Su=,a#e al. (3-29). 12, NoTE: It Is understood and agreed by the REGisTER on May 1967, 32 P.R. 7187, agencies affected by this transfer that when Thence with said U.S. Highway INo. 60 except for the following changes in para- reference Is made In the following property south right-of-way line NT. 712'35' E. 23.7 graph 3.C. of the license: (1) In line 3 of deserlptions by way of Identifying a given pales more or 1¢z3 to a corner common to the subparagraph (1) the words "a nuclear parcel of land by a number following the land formerly owncl by John C. Robert- Es- system" have been substituted for "the prefix "A," "B," or "E" (as the case may be). tato (B-23) and the said Sugga tract. (-221; thence continuing with the south rght-of- facility" in order to clarify the report- It is the ntention that the came be deemed to refer to parcels correspondingly numbered wany line of U.S. Highway 11o. COIT. 72*25' r ing requirement, and (2) in subpara- 87.0 poles: thence learing the south ri 3ht-of- graph (4) the listing of reporting require- and shown, In a general way and without accurate boundaries, on the "Land Acquisi- vway line of U.S. Highwmy Io. CO and with the ments has been changed to a reference to tion Map-Morganfleld, entucky, Triangu- northc-at line of the said Roberta rzt-te the reporting requirements described In lar Division Camp Site-Portlons, of Union, tract ID-23) S. 43253- E. 92 pales to a paint the Technical Specifications. Henderson. and Webster Counties, F.," a In the center of Beavcr Dam Road; thence copy or which Is attached hereto as Ex- with the centerline of caid Beaver Dam Road Dated at Bethesda, Md., this 30th day hlbIt B. N-. 41000' E1, 3 poles to a cernsr common to of June 1967. the Land formerly owned by Pearl N1ally e. Beginning on the northern boundary of vir. (B-24); thence continuing with the cen- For the Atomic Energy Commission. Camp Brecklnrldge at the point of Interec- terline of Beaver Dam Road N. 33830' M., 95.8 tion of the south right-of-way line of U . poles to a corner common to tracts- of land S. LI=, Highway No. 60 and the center line of Little formerly owned by Charles P. Thm-a For Peter A. Morris, Air Line Road (Young-HarrIs Road), came also being the northwest corner of a tract (12458) and the aforcsaid Robert-a r-tate Director, of land formerly owned by P. B. Waller et al. (B-23), sald corner b-ing tho Inter-ction of Division of Reactor Licensing. (B-1); thence with raid U.S. Hghv.ay No. CO the centerline of Baver Dam ad and the 1. 53.71 centerlino of Highland Lck Road; thence [P.R. Doec. 67-7853; Filed, July 7, 1967; south right-of-way line 78'10' a, with the we;* line of said Them- tract 1N. 8:45 am.] poles to a corner common to a tract of land 03 W., G7 poles to a point in the south formerly owned by the Henderson-Union right-of-way line of US. Hlghway Io. 60; Rural Electric Co-op Corp. et al. (B-2); thence thence continuing with raid U.S. Highway with sald routh right-of-way line of E. US. Hlghway Io. 0 I. 8310' B., 112 poles to BUREAU OF THE BUDGET No. 60 south right-of-way line N1.78*10' a corner common to a tract of land formerly 6.06 poles to a corner common to a tract of owned by Frank C. Rapier (E-15 a d) to land formerly owned by Iinnio Thomas ot TENNESSEE VALLEY AUTHORITY al. (B-3); thence continuing with raid U.S. the aforesaid Thonazo tract (33-153); thence Highway No. COsouth rlght-of-way line In continuing with the south right-of-way line Order Transferring the Use, Posses- the of U.S. Highway No. CO I. 85*10'", 1,30 a northeasterly direction to point of its fcet; thence continuing in a northe,-terly sion, and Control of the Coal and Intersection of the center line of Warehouse direction along the couth right-of-way line Road as designated on the reservation read of U.S. Highway No. COand crossing a dirt Coal Rights in and Under Lands map of Camp Brecl"mldgo (attached hereto From the General Services Admin- as Exhlblt A); thence following the'center- road to a corner of a tract of land formerly ow.ned by 11 R. Rapier et al. (F-178). istration line of Warehouse Road In a coutheasterly direction to a point which Is approximately Thence with the south rlght-of-way Une By virtue of the authority vested In 795 feet northwest of the intcrzsction of of U.S. HSighway No. CO N1. 85-10' E. 132 poles Road W-3 and Warehouse Road as dedg- to a coner of caid Rapier's tract (F-170); the President of the United States by sec- thence leaving sald south right-of-way line tion 7(b) of the Tennessee Valley Au- nated on the rezervation road map of Camp BreckLnridge; thence n a southwesterly di- of U.S. Hlhway No. 9 and with the north- thority Act of 1933 (16 U.S.C. 831f(b)), e=t boundary line of said Racpler tract, S. rection and parallel to Road W-3, a disetanc C4040 ' E., and delegated to the Director of the Bu- of approximately 850 feet; thence at a right 93 pol-e; thence S. 33-25' W. 44 reau of the Budget by section 1(15) of angle in a southeasterly direction and par- poles to a corner of a tract formerly owied Executive Order No. 11230 of June 28, allel to Warehouse Read a distance of ap- by Suzan MI, ot al. (13-177); thence with 1965: proximately 620 feat to a point; thence at said ?m northeast boundary line S. 56 E., ICO poles cro-.ing the old bed of Casey Creek: It is ordered, That the use, possession, a right angle in a southwesterly direction and parallel to Road W-3, approximately to the mo;t easterly corner In said Mil and control of the coal and coal rights 200 feet to a point. tract; thence with the couth bound y line in and under the land hereinafter de- of s3d Mill tract S. 46°32' W.. 91 poles to scribed are transferred from the General Thence at a right angle In a coutheasterly the northeast right-of-way line of House Services Administration to the Tennessee direction and parallel to Road No. 20 as de,- Bridgo Road; thence In a southwesterly dl- ignated on the reservation map of Camp rection and crossing House Bridge , Road S. Valley Authority. Breckinridge, approximately 175 feet to a 33030 V7.. 34 poles to a point In the old bed It is further ordered, That the right point in the centerline of Road W-3: thence of Casy Creek w1hch Is a corner to a tract of to use any surface areas of said land in a northeasterly direction with the center- lad formerly owned by LeRoy Thaomas et ux which are reasonably necessary in order line of Road W-3 to a point of interction (E--170); thence with the northeast line of with the centerline of Warehouse Road; sad Thomn. tract of land S. 50-45' E1, 104 to use any and all methods and processes, thence following the centerline of Ware- whether now known or hereafter devel- poles to the northea t corner of said Thomas house Road In a routheasterly direction to tract; thence with the southeazt boundary of oped, to prospect for, explore, mine, op- its point of interection with Road A as des- said Thoma tract S. 38'40' W., 83 poles to erate, produce, store and remove coal ignated on the reservatlon map of Camp the north corner of a tract of land formerly therefrom and the nonexcluslve right of Breckinrldge; raid point also being Point H, owned by LIelo G. Hcman et Ol. (11-183); use of existing roads on said land for which Is an established Internal property thence with the northeast line of caid Hes- ingress and egress subject to liability to comer located in the ntersection of Road A mn tract S. 53000' E. 53 poles; thence S. the owner or owners of the said surface and Warehouse Road; thence In a generally 38003' W., 116 poles to the most northerly easterly direction along the centerlino of said corner of a 1.03 acre school lot formerly area for actual damage caused thereby Road A to a point where It Intersect with to the surface, growing crops, improve- the centerline of East Road as dezignated on owned by the Board of Education of Union ments, and livestock be and the same are the reservation road map of Camp Brcchin- County, Ky. (1-190); thence with the lines transferred from the General Services ridge, thence following the centerline of East of caid school lot S. 50020' E, 17 poles; thence Administration to the Tennessee Valley Road In a northeasterly direction to the S. 33003 W. 10 poles, to a corner common to Authority. point of Intersection of the south right-of- a tract of land formerly owned by Irene

FEDERAL REGISTER, VOL 32, NO. 131-SATURDAY, JULY 8, 1967 101=2 NOTICES

Fowler et vir. (7-174) and to the tract of (3-680); thence with the northwest line of point in the south line of tract Z--700; thence Board of Education of Union County (3-190). said tract and the centerline of Poole Road leaving Kentucky State Highway No. 66 north , Thence S. 53-20 X. along the northeast N. 3825' E. to a point at the northwest right-of-way line and continuing with It. A. boundary line of said Fowler tract (E-174) corner of said Nannie Tapp tract and in the Tapp's line N. 6'35' X., 13 poles to a corner and a tract of land formerly belonging to the center of Poole Road; thence leaving the of tract formerly owned by Lula Melton et Mary Ann Higginson Estate (E-173) to a centerline of said road and continuing with al. (Z-810); thence along the southerly corner common to a tract of land formerly the northeast line of the Nannie Tapp tract boundary of said Melton tract (3-010) N. owned by William A. Roberts et al. (E-291) S. 52'30' E., 124 poles to the northeast 78'45' W., 53 poles to a point, and thence N. and the Mary Ann Higginson Estate; thence corner of said tract; thence S. 3840' W., 159 78*10' W., 22 poles to a corner of a tract with the northeast line of William poles passing the Henderson-Webster County formerly owned by Gardle Tapp et uix, (E- , A. Roberts' tract S. 54o54 E., 148 poles to a corner com- line to a point in the northeast property line 615); thence N. 76*15' W. along the South- mon to a tract of land formerly owned by of a tract formerly owned by E. C. Tapp et erly boundary line of the Said Gardle Tapp Mary Katherine Roberts et al. (E-293) and ux. (E-677); thence with the northeast line tract 31 poles, more or less, to a point in the the William A. Roberts tract; thence with the of the E. C. Tapp tract S. 51"20' E., 30.5 poles east line of a tract formerly owned by Ditvld northeast line of Mary Katherine to the northeast corner of the said tract Tapp et ux. (P-621); thence along sald Roberts', tract S. 54-50' E., 77 poles; thence N. 28°05 (E-677); thence S. 37"30' W., 73 poles to a David Tapp's east line S. 3"301 X., 15.2 poles Z., 27.5 poles; thence S. 38050' E., 22 poles to corner common to a tract formerly owned to a point in the north right-of-way line of a point in the bed of the Old Highland Creek by Jewel C. Duncan et vir. (F-679) and E. Kentucky State Highway No. 56; thence Ditch, thence with the center of the Old C. Tapp (E-677); thence with the line of continuing along the north right-of-wty Highland Creek bed the following courses Jewel C. Duncan's tract S. 57"25' E., 125 line of said Kentucky State Highway No. and distances: S. 11-00' W., 15 poles, thence poles; thence S. 7"40' W., 27 poles; thence 56 in a westerly direction to the southeast S. 21*00' Z., 5 poles, thence with the center- S. 81"40' E., 12 poles; thence S. 10135" W., corner of a tract of land formerly owned by line of the Old Highland Creek N. 86"00' E., 30.5 poles to a point in the northeast line Rosabella Liles et vir. (3-228); thence con- 15 poles, thence S. 2030' E., 35 poles, thence of a tract formerly owned by Mary Jane tinuing with the north right-of-way line of S. 84-00' Z., 15 poles, thence S. 63-00' E., Melton et al. (3-678); thence with the north Kentucky State Highway No, 56, N. 78"05' 20 poles, thence S. 33000' E., 10 poles, thence line of said Melton tract S. 79*00' E., 88 poles W., 20.5 poles; thence S. 3825' W. crossing S. 45*00' W., 10 poles, thence S. 73o10' W., to a point in the center of the Jonestand said Kentucky State Highway No. 58 and 27 poles; thence leaving the bed of the Old Road (as located at the time of the Gov- continuing the same course In all 6.5 poles to Highland Creek and continuing along the ernment's acquisition of the said tract E- the northeast corner of a tract of land northeast boundary line of said Mary Kath- 678); thence following the centerline of owned by I. C. Russell; thence with the • erine Roberts tract S. 54045 Z., 544.5 feet to Jonestand Road located as aforesaid which is north line of the Russell tract N. 76451 W., a point, said point being the northwest cor- the southeast line of the Mary Jane Melton 40 poles; thence N. 78*30' W., 43 poles to ner of Federal Lease BLM-A-050213 (said tract S. 37°30' W., 96 poles; thence S. 24"20' the southeast corner of a tract of land for- lease being recorded in Oil and Gas Lease W., 19 poles; thence S. 0910' E., 25 poles to merly owned by J. . Caton (R-218). Book 86 at page 643 in the office of the County a point in the northwest line of a tract Thence with the eat line of the said et al. (3- Clerk of Henderson County), said point also formerly owned by R. C. Bumpus Caton tract N. 36"30' X. crossing the center- to Mary being in the northeastern boundary of Camp 702), said line also being common line of said Kentucky State Highway No. 50 Breckinridge and is located 1,320 feet on a Jane Melton tract (E-678). at 5 poles and continuing to the north right- course N. 54-45' W. from the intersection of Thence with the center of Jonestand Road of-way line of said Kentucky State Highway Herman-Corydon Road and the northeast (as located at the time of the Government's No. 56; thence In a northwesterly direction boundary line of said Mary Katherine Rob- acquisition of the tract 3-702) S. 06'35' Z., along the north right-of-way line of said 17 poles, more or less, S. 380' E., 1725 poles, erts tract; thence south 6,630 feet along the Kentucky 568 more or less, S. 2"30' E., 14 poles, more or State Highway No. to Point F, westerly boundary of said Federal Lease said Point F which Isthe Intersection of the less, S. 18'35' Z., 15 poles, more or less, S. BLM-A-050218 to a point being the south- north right-of-way line of Kentucky State 47130' E., 8 poles to a corner common to a west corner of said Federal Lease BLM-A- of the tract formerly owned by J. W. Tapp et ux. Highway No. 56 and the Intersection 050218. northerly line of Richards Road extended to (E-651) and the R. C. Bumpus tract; thence Thence east 6,990 feet along the southerly intersect the north right-of-way with the center of the Jonestand Road (as line of said boundary of said Federal Lease BLM-A- Kentucky State Highway No. 56, said point 050218 to Point 0, said Point 0 being the located at the time of the Government's ac- quisition of the tract 3-651) which Is the also being a corner in a tract of land for- southeast corner of said Federal Lease BLM- merly owned by Ella Bruce Waller (3-204); A-050218, this said Point 0 being located east line of the J. W. Tapp tract, S. 17"45' Z., 29 poles to a point in the east line of the thence in a northwesterly direction in a 2,800 feet due south of a point in the center- straight line to Point C, said Point C being line of Duncan Road, which point Is desig- J. W. Tapp tract; thence S. 05'45' W., 4 poles to a corner common to a tract for- 14,583 feet south of latitude 37"40'00" and niated "X" and is located 132.25 feet on a 2,500 feet west of longitude 87150'00"; thence course of S. 54"45' E. from the intersection merly owned by G. M. Gibson et ux. (E-403) and the J. W. Tapp tract; thence continuing continuing in a straight line in a northwest- of the centerline of Duncan Road and the erly direction to Point B, Said Point B being northwest along the centerline of the Jonestand Road boundary line of a tract of land 10,125 feet south of latitude 37"40'00" and formerly owned by H. KL Tapp et ux. (E-688), (as located at the time of the Government's acquisition of tract F-703) this being the 625 feet west of longitude 87°52'80"; thence the said boundary line also being the south- in a northwesterly direction in a straight line west east boundary line of the Gibson tract (E- line of an 8.8 acre tract formerly own- to Point A, said Point A being 6,000 feet south ed by It. 703) S. 18* W., 8 poles, more or less; thence H. and Barbara Tapp (E-696); of latitude 37"40'0011 and 7.542 feet west of thence north along the east boundary line S. 07"55' W., 18 poles, more or less; thence S. 2735' longitude 87*52'30" thence continuing in a of said Federal Lease BLM-A-050213 to W., 24.5 poles, more or less; thence northwesterly S. 1*25" E., 37.5 poles, more or lees; thence direction in a straight line to Point X; thence from Point X along the G S. 12'25' W, 29 poles, more or less; thence Point G, said Point being 3,542 feet south centerline of Duncan Road and the H. M. of latitude 37"40'00" and 667 feet west Tapp northeast property S. 14'30' W., 35 poles, more or less; thence of line (E,-688) to the longitude 87*55'00", said point being in the corner of a tract formerly owned by Barbara S. 05'20' W., 67 poles, more or less, to a northwest line of traots Tapp et al. point in the north line of a tract formerly of land formerly (3-687); thence with the center- owned by X. n. McBride al, line of Duncan Road S. 54"45' owned by T. T. Fulcher et ux. (E-618), said at (Z-110), and H., 39 poles; B. G. Waller (E-109), said line also thence with the eenterline of Duncan line also being common to G. 3& Gibson being the Road westerly which Is a tract; thence along the centerline of Jone- boundary of Camp Brecklnridge northwest boundary line of the thence in a northeasterly said Barbara Tapp tract (E-687) to the stand Road (as located at the time of the direction along the westerly boundary north corner of said tract in the centerline Government's acquisition of tract E-618) of Camp Breckinridge and of the McBride and of Duncan Road; thence S. 56°00' E. S. 05" W. 56 poles, more or less; thence S. the northwest lines with the Waller tracts centerline of Duncan Road which is the 17*45' E., 28 poles, more or less, to the to the southwesterly corner of northwest boundary northeast corner of a tract formerly owned a tract of land formerly owned by T. S. line of said Barbara Waller, et ux. Tapp tract (Z-687) and a tract of land by R. A. Tapp et ux. (3-700); thence with Jr., (Z-108). formerly owned by Nealie Tapp et al. (E-697) said R. A. Tapp property line and the cen- Thence with said T. S. Waller line N. to a point in the center of White Lick Road terline of the Jonestand Road (as located at 40"00' 3., 148.50 poles to the southwest corner and at the northwest corner of a tract of land the time of the Government's acquisition of of a tract of land formerly owned by Walter formerly owned by Byron Tapp et ux. (3- tract 39-700) S. 03"20' W., 49 poles to the W. Leiter et ux. (E-107); thence with the line 682), said corner also being common to a southeast corner of tract 3-700. of said Leiter tract N. 40"00' X,, 150 poles tract formerly owned by Nealle Tapp, et al. Thence N. 87"55' W., 15 poles along the to a point in the south right-of-way line (3-697). south line of tract 3-700; thence S. 0320' of Kentucky State Highway No. go, thence Thence leaving the centerline of White W., 7.3 poles to a point in the north right- continuing in a northeaoterly direction -rose- Lick Road and following the northeast line of-way line of Kentucky State Highway No. Ing said Kentucky State Highway No. 6a to of said Byron Tapp tract S. 55"10' Z., 197 58; thence with said Kentucky State High- a point In the north right-of-way line of said Highway No. #ad poles to a point in the northwest line of a way No. 58 north right-of-way line and 56, point also being a R. A. Tapp's property line N. 87"55' W, 68 corner to a tract of land formerly owned by tract formerly owned by Nannie Tapp et al. poles; thence N. 76-15' W, 28 poles to a Lonnie Baird et ux. (A-19); thence with the

FEDERAL REGISTER, VOL 32, NO. 131-SATURDAY, JULY 8, 1967 NOTICES 10123 property lines of the Lonnie Baird tract and by Ulls M. Woodring (E-80); thence with the ence to an agreement including a reque t running with the north right-of-way line lines of said Woodrin tract of land as fol- for hearing, If desired, may be submitfted of said Kentucky State Highway No. 56 N. lowa: N. 85030' W., 13 polcs; thence I. 0P , Federal Maritime Com- 26.25 W., 28.20 poles to a point in the north E., 18 poles; thence 11. 80"15' W. 9 pol_= to the Secretary, right-of-way line of said Kentucky State thence N. 015' B, 15 poles to the point of mI-ion, Washington, D.C. 20573, within Highway No. 56; thence leaving said high- beginning. 20 days after publication of this notica way. N. 58020' E., 92.50 poles to a point in the 2. All rights of the State of Kentucy. any in the F=EAL REGisTEn. A copy of any west line of the Lonnie Baird tract; thence political subdivIsion thereof, and the public , such statement should also be forwarded N. 37-55 E., 149.20 poles to a point in the in those portions of the above dezeribed to the party fling the agreement (as center of Beaver Dam Road and the point of property lying within roads and highways indicated hereinafter) and the comments the northerly corner of the Baird tract; known or designated as: (a) Xentucky State should indicate that this has been done. thence in a southeasterly direction along the Highway No. 50, (b) Bordley Road, and (c) centerline of Beaver Dam Road to the point House Bridge Road. Notice of Intent to cancel Agreement of its intersection with the centerline of 3. All rights of the State of Kentucky, any 7535 flled by: Coleman Lane; said point also being the political subdivilion thereof, and the publo Mr. 0. =.1Jorclsna, Acting ManerAmeri- southwest corner of a tract of land formerly in that portion of Kentucky State Highway Prasident Lnes, 918 16th Street -,., owned -by Tom Elli et ux. (A-5); thence No. 141 which lies couth of the interrection Wachington, D.C. 20006. along the centerline of Coleman Lane and the of said highway and Kentucky State High- line of Torn Ell N. 38049' E. 182.49 poles, way No. 50 which may be situated within the Agreement 7535, approved on Octo- thence N. 32*04" R., 15 poles; thence N. 36*041 above de:crlbed property. ber 7, 1941, between American President E., 2.4 poles to the southwest corner of a 4. Any right3 which may not have bvan Lines, Ltd., and Luckenbach Steamship tract formerly owned by the Trustees Cole- acquired by the United States of America In Co., Inc., provided that certain vessels of man Cemetery (A-6); thence with the center and to the 2-acre church and cemetery plot Luchenbach were to be used in American of Coleman Lane and the line of said ceme- which was excepted from the deed to Parcel tery N. 36*04 E., 6.30 poles to the northwest E-173 dated July 14, 1942. recorded in Dscd President Lines Trans-Pacific trade and corner of said cemetery, also a corner to Tom Book 110, page 05. Union County. the Luckenbach Co. agreed not to there- after base any claim that it was an estab- Ellis. The above property was duly desig- Thence with the center of Coleman Lane lished operator in said trade. American nated surplus and assigned to the Ad- and Tom Ells ines N. 36004' W., 7.70 poles President Lines has notified the Com- to the southwest corner of a tract of land ministrator of the General Services mission of their intention to terminate formerly owned by Rice Cleveland et ux. Administration for disposal pursuant to their participation in Agreement 7535. (A-3); thence continuing along the center- the provisions of the Federal Property line of Coleman Lane and the line of Rice and Administrative Services Act of 1949, Dated: July 5,1967. Cleveland N. 35*34' E., 51.5 poles; thence N. 63 Stat. 377, as amended, and regula- 47034' E., 19.5 poles; thence N. 39*50 , By order of the Federal Maritime E., tions and orders promulgated there- Commission. 29 poles to a point in the center of Coleman under, and this transfer Is made subject Lane, a corner of a tract formerly owned by Taoms LIsr, Zeda Ellis Wright (A-2); thence continuing to the terms and conditions of Invita- Secretary. tion for Bids GSA Disposal No. D-E.y- with the centerline of Coleman Lane and |P11. DC. 67-7831; Filed, July 7, 1-S7; Zeda Ellis Wright's line N. 40°04" E., 61 poles 432B, as modified and amended by 8:48 am.] to the centerline of Little Air Line Road Addendum No. 1 dated March 25, 1965, (Young-Harris Road); thence along the cen- and the Tennessee Valley Authority's terline of Little Air Line Road N. 50-000 W., agreement to pay the sum of Seven =il- 90.8 feet to the south HAMBURG-AMERIKA LINIE ET AL. right-of-way line of lion Four Hundred and Ten Thousand UtS. Highway No. 60, the point of beginning. Notice of Agreements Filed for containing 30,590 acres, more or less, and Dollars ($7,410,000) to the General being all the land, except as noted belov, Services Administration conditioned Approval within the tracts shown on Map D-Ky-432-B, upon the handling of such payment in Notice is hereby given that the follow- Camp Breckinridge Minerals, a copy of which accordance with the procedure cet forth Ing agreement h'i' been filed with the is attached hereto as Exhibit C. as follows: in the letter of April 17, 1967, from the Commisslon for approval pursuant to Commissioner, Property Management Tract 2-4,975 acres, more or less. cectlon 15 of the Shipping Act, 1916, as Tract 3---3,950 acres, more or less. and Disposal Service, General Services amended (39 Stat. 733, 75 Stat. 763, 46 Tract 4-4,390 acres, more or less. Administration, to the Chairman of the U.S.C. 814). Tract 5--3,600 acres, more or less. Board of Directors of the Tennesseo Interested parties may inspect and Tract 6-5,075 acres, more or less. Valley Authority. obtain a copy of the agreement at the Tract 7--4,270 acres, more or less. Dated: June 29, 1907. Washington office of the Federal Mari- Tract 8-4,330 acres, more Or less. time Commission, 1321 H Street V., Less and excepting from the above PHILIP S. HUGHES, Room 609; or may inspect agreements description and from this transfer: Acting Director. at the offices of the District Managers, [P.R. Doc. 67-7854; Filed, July 7, 1907; New Yoriz, N.Y., New Orleans, La. and 1. The Independent Order of Odd Fellows 8:45 am. San Calif. Cemetery which is located on the south side Francisco, Comments with of Kentucky State Highway No. 56 and west reference to an agreement including a of the intersection of Kentucky State High- request for hearing, if desired, may be way No. 141, described as follows: Beginning submitted to the Secretary, Federal at a point in the south right-of-way line of FEDERAL MARITIME COMMISSION Maritime Commission, Wahington, D.C. Kentucky State Highway No. 56 and the AMERICAN PRESIDEN4T LINES AND 20573, wIthin 20 days after publication of northeast comer of a tract of land formerly LUCKENBACH STEAMSHIP CO., INC. this notice in the FzDaAL P1s=G;Is . A owned by UIis M. Woodring et ux. (E-86). copy of any such statement should also said corner also being common to a tract of Notice of Proposed Cancellation of be forwarded to the party faing the land owned by the Independent Order of Odd Fellows Cemetery (E-10l); thence with Agreements agreement (as indicated hereinafter) and the comments should indicate that the north° boundary line of said cemetery Notice is hereby given that a request S. 85 E., 34.4 poles, said boundary line also this has been done. being the south right-of-way line of Ken- for cancellation of the following agree- Hamburg-Amerla Linle, Norddeut- tucky State Highway No. 56 to a corner of ment, pursuant to section 15 of the Ship- scher Lloyd, and States Larine Lines, ping Act, tract of land formerly owned by L. N. Duncan. 1916, as amended (39 Stat. 733, Inc., Global Bulk Transport Inc. et aL (E-102); thence leaving said Kentucky 75 Stat. 763, 46 U.S.C. 814) has been filed State Highway No. 56 S. 04- W. 15 poles with the Commission. Notice of Agreement filed for approval along a line common to said L. NT.Duncan Interested parties may inspect and ob- by: tract of land and to the Independent Order tain a copy of the agreement at the M. William J. Gestal, Container DIlvtzon, of Odd Fellows Cemetery to a point in the Washington office of the Federal Mari- States 7.rlne-Lotbmlan Agency, Inc. GD north line of tract of land formerly owned Broad Street, IT= Tork N.Y. 15M. by L. N. Duncan et al. (E-100); thence with time Commission, 1321 H Street NW., Duncan's north line 86*15' W. 13 poles; Room 609; or may inspect agreements at Agreement 9638, between Hamburg- thence with the west line of said L. N. Dun- the offices of the District Managers, New Amerila Linle and Norddeutscher Lloyd can tract S. 0400' W., 18 poles to the east York, N.Y., New Orleans, La., and San and States M'arine Lines, Inc., and Global comer of a tract of land formerly owned Francisco, Calif. Comments with refer- Bul Transport Inc, provides for the

FEDERAL REGISTER, VOL 32, NO. 131-SATURDAY, JULY 8, 1967 No. 131-Pt. I- 11 10124 NOTICES interchange of empty cargo containers KEAT NAVIGATION CO., LTD., AND 20 days after publication of this notice and/or related equipment in the trades between ORIENT OVERSEAS LINE In the FEDEAL Rnism. A copy of any Antwerp/Hamburg Range and such statement U.S. North Atlantic ports In the should also be forwarded Hamp- Notice of Agreement Filed for to the party filing the agreement (as ton Roads/Portland, Maine Range In Approval accordance with indicated hereinafter) and the oom- the terms and condi- ments should indicate tions set forth therein. Notice is hereby given that the follow- that this has been ing agreement has been filed with done. Dated: July the Notice 5, 1967. Commission for approval pursuant to of agreement filed for approval By order of the Federal Maritime section 15 of the Shipping Act, 1916, as by: Commission. amended (39 Stat. '733, 75 Stat. '763, 46 Mr. E. W. Patterson, Traffic Manager, African U.S.C. 814). Line, Lykes Bros. Steamship CO., Inc., 821 THOMAS Lisr, Gravler Street, Secretary. Interested parties may inspect and ob- New Orleans, La. 70112. [P.R. Doc. 67-7892; Filed, July 7, 1967; tain a copy of the agreement at the Agreement 9518-1, between Lykes Bros. 8:48 axm.] Washington office of the Federal Mari- Steamship Co., Inc., and South African time Commission, 1321 H Street NW, Marine Corp., Ltd., modifies the basic Room 609; or may HAWAII/EUROPE RATE AGREEMENT inspect agreements at agreement covering cargo moving from the offices of the District Managers, New Portuguese East Africa to Puerto Rico Notice of Agreement Filed for York, N.Y., New Orleans, La., and San via transshipment at U.S. Gulf of Mexico Approval Francisco, Calif. Comments with refer- ports, to provide that transfer charges ence to an agreement including a request on canned fish shall be adjusted as may Notice is hereby given that the follow- for hearing, if desired, may be submitted be necessary to insure ing agreement a minimum divi- has been filed with the to the Secretary, Federal Maritime Com- sion of revenue to Lykes of not less than Commission for approval pursuant to mission, Washington, D.C. 20573, within $22.40 per long ton. section 15 of the Shipping Act, 1916, as 20 days after publication of this notice Dated: July 5, 1967. amended (39 Stat. 733, 75 Stat. 763, 46 in the FEDERAL RzGISTER. A copy of any U.S.C. 814). such statement should also be forwarded By order of the Federal Maritime Interested parties may inspect and to the party filng the agreement (as Commission. obtain a copy of the agreement at the indicated hereinafter) Washington and the com- THOMAS Lxsr, office of the Federal Mari- ments should indicate that this has been Secretary. time Commission, 1321 H Street NW., done. Room 609; or may inspect [F.R. Doc. 67-7895; Filed, July 7, 1987; agreements at Notice of agreement filed for approval 8:48 am.] the offices of the District Managers, New by: York, N.Y., New Orleans, La., and San Francisco, Calif. Comments Mr. K. W. Schmolze, Vice President, Thor with refer- Eckert & Co., Inc., 19 Rector Street, New PORTUGAL/U.s. NORTH ATLANTIC ence to an agreement including a request York, N.Y. 10006. for hearing, if desired, may be submitted WESTBOUND FREIGHT CONFERENCE to the Secretary, Federal Maritime Com- Agreement 9637 between Kest Navi- Notice of Agreement Filed mission, Washington, D.C. 20573, with- gation Co., Ltd. (Eeat), and Orient Over- for in 20 days after publication of this notice seas Line (OOL) provides for the trans- Approval in the FEDERAL REarsTZR. A copy of any portation of rubber under through bills Notice is hereby given that the follow- such statement should of lading from lBhuket, also be forwarded Thailand, served ing agreement has been filed with the to the party filing the agreement (as by Keat to U.S. Atlantic and Gulf ports Commission indicated for approval pursuant to hereinafter) and the com- served by OOL with transshipment at section 15 of the Shipping Act, 1916, as ments should indicate that Penang, Malaysia, this has been under terms and con- amended (39 Stat. 733, 75 Stat. 763, 45 done. ditions as set forth in the agreement. U.S.C. 814). Notice of agreement filed for approval Dated: July 5, Interested parties may by: 1967. Inspect and ob- tain a copy of the agreement at the P. Conger Fawcett, Esquire, Graham James & By order of the Federal Maritime Washington Commission. office of the Federal Mari- Rolph, 810 Sansome Street, San Francisco, time Commission, 1321 H Street Calif. 94104. THoMAs NW., L=, Room 609; or may inspect agreements at Agreement 8410-5, between the mem- Secretary. the offices of the District Managers, New ber lines of the Hawaii/Europe Rate [F.R. Doc. 87-7894; Filed, July 7, 1967; York, N.Y., New Orleans, La., and San Agreement, amends the basic agreement 8:48 a.m.] Francisco, Calif. Comments with refer- to provide for (1) transshipment of car- ence to an agreement Including a request goes destined to for hearing, if desired, may ports in the United LYKES be submitted Kingdom of Great Britain and Northern BROS. STEAMSHIP CO., INC., to the Secretary, Federal Maritime Com- Ireland; Ireland; the Scandinavian Pe- AND SOUTH AFRICAN MARINE mission, Washington, D.C. 20573, within ninsula; Continental Europe, including CORP., LTD. 20 days after publication of this notice ports on and in the Baltic and Mediter- in the FEDERAL Rzczsns. A copy of any ranean Seas, as well as the seas and Notice of Agreement Filed for such statement should also be forwarded waters bordering thereon; Morocco and Approval to the party filing the agreement (as In- the Atlantic Islands of the Azores, dicated hereinafter) and Ma- Notice the comments deira, Canary, and Cape Verdes, and (2) is hereby given that the follow- should indicate that this has been done. by transshipment only at the aforemen- ing agreement has been filed with the Notice of agreement filed for approval tioned ports to ports in West, South, and Commission for approval pursuant to by: section 15 of the Shipping Act, 1916, as East Africa, Iceland, and on the Gulf of Mr. Guy L. Retournat, Aden, and to ports on and in the amended (39 Stat. 733, 75 Stat. 763, 46 Secretary, Portugal/ Red Sea U.S.C. 814). U.S. North Atlantic Westbound Freight and Persian Gulf. The proposed amend- Conference, 10, Place de Ia Jollette, Mar- ment will clarify the trade areas pres- Interested parties may inspect and ob- seilles, France. ently served by the parties directly and/ tain a copy of the agreement at the or via transshipment. Washington office of the Federal Mari- Agreement 9616-1, between the mem- time Commission, 1321 H Street NW., ber lines of the Portugal/U.S. North At- Dated: July 5, 1967. Room 609; or may inspect agreements at lantic Westbound Freight Conference, By order of the Federal Maritime the offices of the District Managers, New provides for the addition of the following Commission. York, N.Y., New Orleans, La., and San provision to Article 1.3 of the basic THoxAs Lisr, Francisco, Calif. Comments with refer- agreement: Secretary. ence to an agreement including a request for hearing, The Initial Admission Pee of $2,800.00 per [P.R, if desired, may be submitted Doc. 67-7898; Filed, July 7, 1967; to the Member, after a 12-month period dating 8:48 Secretary, Federal Maritime Com- from the date of approval, am.] mission, Washington, will carry an in- D.C. 20573, within crease of 10 percent and every 12 months FEDERAL REGISTER, VOL 32, NO. 131-SATURDAY, JULY 8, 1967 NOTICES 10125 thereafter to follow the same procedure, up amended (39 Sat. '133, 75 Stat.. '703, 40 month par od be-inning April 23, 1967, to a ceiling of $5W0. U.S.C. 814). its export to the United States of cotton Dated: July 5,1967. Interested parties may inspect and ob- textilez and cotton textile products in tain a copy of the agreement at the Categorles 9 and 18, produced or manu- By order of the Federal Maritime Washington office of the Federal Mari- factured In =zlaysia. In furtha-nce of Commission. time Commssion, 1321 H Street NW., the objectives of, and under the terms THOMAAS LisI, Room 609; or may Inspect agreements of the Long Term Arrangement Rezad- Secretary. at the offices of the District Managers, Ing Intsrnatn-l Trade in Cotton Tex- [.R. Doc. 67-7896; vled, July 7, 1967; New York. N.Y., New Orleans, I., and tilcs done at Geneva on Februzry 9.1962, - 8:48 aim.] San Francisco, Calif. Comments with Including Article 6(c) relating to non- reference to an agreement including a_ participants, the US. Government is SPAINIU.S. NORTH ATLANTIC WEST- request for hearing, if desired, may be establishing restraints In accordance with that request. These restraintz do not BOUND FREIGHT CONFERENCE submitted to the Secretary, Federal Maritime Commisslon, Washington, D.C. apply to cotton temtiles and cotton textile Notice of Agreement Filed for 20573, within 10 days after publication products produced or manufactured in Approval of this notice In the Franar RnGZSzin. Malayslia and ex ported to the United A copy of any such statement should States prior to Aprl 28. 1967. Notice is hereby given that the follow- also be forwarded to the party filing the There I- pubished below a letter of ing agreement has been filed with the agreement (as indicated hereinafter), June 28, 1907. from the Chairman of the Commission for approval pursuant to and the comments should indicate that President's Cabinet Textile Advisory section 15 of the Shipping Act, 1916, as this has been done. Committee to the Commissioner of amended (39 Stat. 733, 75 Stat. 763, 46 Allied Stevedoring and Marine Corp., Customs, directing that the amounts of U.S.C. 814). Oswego Stevedoring and Trucking Co., cotton textiles and cotton textile prod- Interested parties may inspect and ob- Pasco Rental Service, The Port of Os- ucts in Categorles 9 and 18 produced or tain a copy of the agreement at the wego Authority. mnnufactured in LLaycla. which may be Washington office of the Federal Mari- Notice of agreement filed for approval entered or withdrawn from warehouse time Commission, 1321 H Street NW., by: for consumption In the United States for Room 609; or may inspect agreements at the designated 12-month period be the offices of the District Managers, New Thomas D. Wilcox. Attorney at law, 1625 E"Street limited to designated levels. York, N.Y., New Orleans, L., and San NW.. Washington, D.C. 2000. Francisco, Calif. Comments with refer- Agreement No. T-2064 between Allied STrAZnz NEE=, ence to an agreement including a request Stevedoring and Marine Corp., Oswego Chairman, Interagency Textile for hearing, if desired, may be submitted Stevedoring and Trucking Co. et al., per- Administrative Committee, to the Secretary, Federal Maritime Com- mits the parties thereto to confer with and Deputy Assistant Secre- mission, Washington, D.C. 20573, within each other, discuss, and agree upon tary for Resources. 20 days after publication of this notice rates, charges, regulations and proce- T=m c zn~ayoa? csrczn in the FzDERAL RECSTEr. A copy of any dures pertaining to their marine termi- PnXzrsC-nnasr T=r= such statement should also be forwarded nal operations in Osvego, N.Y. Each AIszrOa COonr to the party filing the agreement (as in- party has the right of independent ac- WV .eTn cz. D.C. 2223. dicated hereinafter) and the comments tion with respect to any matter pre- Junne 28,, 1967. should indicate that this has been done. viously agreed upon, after giving the Co0rnzzo:Vnn or Cuszros, Notice of agreement filed for approval other parties sixty (60) days written no- Dcartmcnt of tMe Trazrj, by: tice of intent to do so. The parties agree Wahington, D.C. 20226. Mr. Guy I,. Retournat, Secretary, Spain/U.S. to publish and file a tariff of rates, rules Dzan . Co-Lio : Under the te--a North Atlantic Westbound Freight Con- And regulations covered by the agree- of the Long Term Anrrngement Rleadlng ference, 10. Place de la Jollette, Marseilles, ment and not deviate therefrom, except Intcrnational Trade In Cotton Textile dome France. under the right of independent action at Geneva on Februar 9, 1262. Inciuding provided for In the Article 6(c) ther relating to nompartel- Agreement 9615-1, between the mem- agreement. Any qual- ified marine terminal operator In the Pato, and In accazdanace with the prece- ber lines of the Spain/U.S. North Atlan- dures outlined in mi-cetive Order 11032oc Port of Oswego may become a party to September 23. 102. as amendcd by Freo.- tic Westbound Freight Conference, pro- the agreement. vides for the addition of the following tive Ordcr 11214 of April 7, 10C3. y=ou -e provision to Article 13 of the basic Dated: dircted to prohlbit. cifective June 20, 19&7, July 6,1967. and for the 12-month period beginning April agreement: By order of the Federal Maritime 28, 1M.and extending througb April 27, The initial Admission Fee of $2,500.00 per Commission. 19063. entry Into the United Stes for con- Member, after a 12-month period dating THom.s Lasmo GUmPtIon and withdrawal frn -. arehoaze from the date of approval, will carry an In- Secretary. f0r con--umption of cotton tcxtiles and cot- crease of 10 percent and every 12 months ton textile products in Ot-ezories 9 and 18, thereafter to follow the same procedure, up [P.. Doe. 67-7962; Flled. July 7, 19G7; pzroduced or manufactured in =Ldaysla, in to a ceiling of $5,000. 8:49 a."] exceas of the folloi.ng dezinated leve of re-tralnt: Dated: July 5,1967. 12-nt- By order of the Federal Maritime a Cecry rcrel Of rastrafnt'2 Commission. INTERAGENCY TEXTILE 18 -- Zo.. 4c3, Cog) THoMAS lam ADMINISTRATIVE •Th level of r-traint h2- not been ad- Secretary. COMMITTEE JuIt=" to refal-t entres made on cr aftzr [F.R. Doc. 67-7M97. Filed, ,July 7, 1967; CERTAIN COTTON TEXTILES AND Apr. 23.1",7. 8:49 am.] COTTON TEXTILE PRODUCTS PRO- Crtton te Il c and cotton te tile prcducts DUCED OR MANUFACTURED IN In C3tCgoIsc 9 and 18. produced or mLnu- factured In L a and which have been ALLIED STEVEDORING AND MARINE MALAYSIA exported to the United States prior to April CORP. ET AL Entry and Withdrawal From Ware- 2, 19G7, rh-1 nat be eubject to this direc- tive. Notice of Agreement Filed for house for Consumption A dctailed des;cription o! the ca-tea=ris in Approval JULr 5, 1967. tcrms of TZU.S-A. numbera was pubhIzzed in tbh 1= -me__ir-- oa July 7. 1255 (31 Notice is hereby given that the follow- On Aprl 28, 1967, after discussions P.r. 0310). ing agreement has been filed with the with the Government of Malaysia, the In carrying out the above direction. en- Commission for approval pursuant to U.S. Government requested the Govern- try into the United Stats fc consumption section 15 of the Shipping Act, 1916, as ment of Malaysia to restrain for the 12- rbe'l ho cons:tued to Include entry for con-

FEDERAL REGISTER, VOL 32, NO. 131-SATURDAY, JULY 8, 1967 10126 NOTICES sumption into the Commonwealth of Puerto Washington, D.C. 20549. A copy of such Trunk Line Committee, agent (No. A- Rico. request shall be served personally or by 2506), for and on behalf of Chicago, Mil- The actions taken with respect to the mail (air mail if the person being served waukee, St. Paul & Pacific Railroad Co. Government of Malaysia and with respect In carloads, from to imports of cotton textiles and cotton tex- is located more than 500 miles from the Rates on corn, In bulk, tile products from Malaysia have been deter- point of mailing) upon the Fund at the points in Iowa, Minnesota, and South mined by the President's Cabinet Textile address set forth above. Proof of such Dakota, to points in Iowa, also La Advisory Committee to Involve foreign service (by affidavit or in case of an Crosse, Wis. affairs functions of the United States. There- attorney at law by certificate) shall be Grounds for relief-Unregulated truck fore, the directions to the Commissioner of filed contemporaneously with the re- competition. Customs, being necessary to the Implemen- quest. At any time after said date, as Tariffs-Supplement 50 to Western tation of such actions, fall within the provided by Rule 0-5 of the rules and Trunk Line Committee, agent, tariff foreign affairs exception to the notice ICC A-4278, and supplements 10 and 38 provisions of 5 U.S.C. 553. This letter will regulations under the Act, an order dis- be published In the FEDERAL REGISTER. posing of the matter may be issued by the to Chicago, Milwaukee, St. Paul & Pa- Sincerely yours, Commission upon the basis of the cific Railroad Co. tariffs, ICC B-8072 information stated in this notice, unless and B-8088, respectively. A. B. TRowsRIUDE, FSA No. 41067-Joint motor-rail Secretary of Commerce and Chair- an order for hearing upon this matter man, President's Cabinet Textile shall be issued upon request or upon the rates-Eastern Central. Filed by the Advisory Committee. Commission's own motion. Persons who Eastern Central Motor Carriers Associa- request a hearing or advice as to whether tion, Inc., agent (No. 451), for interested [F.R. Doc. 67-7885; Piled, July 7, 1967; 8:48 am.] a hearing is ordered, will receive notice carriers. Rates on property moving on of further developments in this matter, class and commodity rates over Joint including the date of the hearing (if routes of applicant rail and motor car- ordered) and any postponements thereof. riers, between points in middle Atlantic or New England territories, on the one SECURITIES AND EXCHANGE For the Commission (pursuant to hand, and points in Central States, mid- COMMISSION delegated authority). dlewest or southwestern territories, on [SEAL] ORvAL L. DuBois, the other. [811-10631 Secretary. Grounds for rellef-Motortruck com- COLUMBIA FUND, INC. [F.R. Doc. 67-7870; Filed, July 7, 1967; petition. 8:46 am.] Tariff-Supplement 22 to the Eastern Notice of Proposal To Terminate Central Motor Carriers Association, Inc., Registration agent, tariff MF-ICC A-268. SUBSCRIPTION TELEVISION, INC. FSA No. 41068-Joint motor-rail rates-Eastern Central. Flied by the JULY 3, 1967. Order Suspending Trading Notice is hereby given that the Securi- Eastern Central Motor Carriers Associa- ties and Exchange Commission proposes, JULY 3, 1967. tion, Inc., agent (No. 452), for interested pursuant to section 8(f) of the Invest- It appearing to the Securities and Ex- carriers. Rates on property moving on ment Company Act of 1940 ("Act"), to change Commission that the summary class and commodity rates over Joint declare by order upon its own motion suspension of trading in the common routes of applicant rail and motor car- that Columbia Fund, Inc. ("Fund"), stock, $1 par value of Subscription Tele- riers, between points in middle Atlantic 1346 Connecticut Avenue NW., Washing- vision, Inc., New York, N.Y., being traded or New England territories, on the one ton, D.C. 20006, a Delaware corporation otherwise than on a national securities hand, and points in Central States, mid- which registered under the Act on May exchange is required in the public in- dlewest or southwestern territories, on 24, 1961 as an open-end nondiversifled terest and for the protection of investors; the other. management investment company, has It is ordered, Pursuant to section Grounds for relief-Motortruck com- ceased to be an investment company. 15(c) (5) of the Securities Exchange Act petition. The Commission has been informed by of 1934, that trading in such securities Tariff-Supplement 22 to the Eastern letter from the President of the Fund otherwise than on a national securities Central Motor Carriers Association, Inc,, that all of the Fund's assets were distrib- exchange be summarily suspended, this agent, tariff MF-ICC A-268. uted to its shareholders by the Bank of order to be effective for the period July FSA No. 41069--J o i n t motor-rail Delaware and the corporation was 5, 1967, through July 14, 1967, both dates rates-Eastern Central. Filed by the formally dissolved on petition to the inclusive. Eastern Central Motor Carriers Associa- tion, Inc., agent (No. 453), for interested Delaware Corporation Commission. The By the Commission. letter also states that the Fund never carriers. Rates on property moving on made a public offering of Its shares. [SEAL] ORvAL L. DuBoIs, class and commodity rates over joint Section 8(f) of the Act provides, in Secretary. routes of applicant rail and motor car- pertinent part, that when the Commis- [P.R. Dec. 67-7871; Piled, July 7, 1967; riers, between points in middle Atlantic sion, on its own motion, finds that a 8:46 a.m.] or New England territories, on the one registered investment company has hand, and points in Central States, mid- ceased to be an investment company, it dlewest or southwestern territories, on shall so declare by order, that upon the the other. taking effect of such order, the registra- INTERSTATE COMMERCE Grounds for relief-Motortruck com- tion of such company shall cease to be petition. in effect, and that, if necessary for the Tariff-Supplement 22 to the Eastern protection of investors, such order may COMMISSION Central Motor Carriers Association, Inc., be made upon appropriate conditions. FOURTH SECTION APPLICATIONS agent, tariff MF-ICC A-268. Notice is further given that any in- FOR RELIEF 'SA No. 41070-Iron and steel articles terested person may, not later than July from Fieldsboro, N.J. Filed by South- 21, 1967, at 5:30 pm., submit to the JULY 5, 1967. western Freight Bureau, agent (No. Commission in writing a request for a Protests to the granting of an appli- B-8989), for interested rail carriers. hearing on the matter accompanied by cation must be prepared In accordance Rates on iron and steel articles, In car- a statement as to the nature of his with Rule 1.40 of the general rules of ioads, as described in the application, interest, the reason for such request, and practice (49 CFR 1.40) and filed within from Fteldsboro, N.J., to specified points the Issues of fact or law proposed to be 15 days from the date of publication of in Louisiana and Texas. controverted, or he may request that he this notice in the FEDERAL REGISTER. Grounds for rellef-Market oompetl- be notified if the Commission shall order LONG-AND-SHORT HAUL tion. a hearing- thereon. Any such communi- Tariff-Supplement 251 to Southwest- cation should be addressed: Secretary, FSA No. 41066-Corn to points in Iowa, ern Freight Bureau, agent, tariff ICC Securities and Exchange Commission, also La Crosse, Wis. Filed by Western 4503.

FEDERAL REGISTER, VOL. 32, NO. 131-SATURDAY, JULY 8, 1967 NOTICES 1012-7 FSA No. 41071--Cass and. commodity (1) Section 210, relating to dual oper- (1i) Section 203 (other than matters rates from and to Hybart, Ala. Filed by ations, except matters assigned to and assigned under Item 6.6(a) relatiag to 0. W. South, Jr., agent (No. A5043), for determined by the Operating Rights Interlocking directorates) and 214, re- interested rail carriers. Rates on proper- Board pursuant to Item 7.11(a). lating to securities, except determination ty moving on class and commodlty rates, of applications which have not involved between Hybart, Ala., on the one hand, the talkin of testimony at a public hear- and points in (a) Section 211, relating to brokerage the United States and Can- licenses, except matters assigned to and ing or the Submission of evidence by op.- .ada, on the other. determined by the Operating Rights posing parties in the form of affidavits, Grounds for relief-New station and unless certified to the Division by an em- grouping. Board pursuant to Item 7.11(a). ployee board or recalled by the Division. FSA No. 41072-Superphosphate from (t) S 3 3 (See Items 7.6 (a) and 712 (d), (f), and Don, Idaho.Filed by Western Trunk Line (0).) Committee, agent (No. A-2505), for in- &eLLc an1 neeJ t and perm ;LJcLion ar) o 2 n 3 terested rail carriers. Rates on super- 3ence and necessity and permits; section Cr Sections 210a(b) and 311(b) ra - phosphate, not defluorinated superphos- 311(a), relating to temporary authori- lating to applications for temporary au- phate, nor feed grade superphosphate, ties, when certified to the Division by the thority when cert1fed to the Division by also ammonium phosphate fertilizer, in Temporary Authorities Board; section areview boardorrecalled bytheDivision. carloads, minimum 100,000 pounds, from 312a, relating to suspension, change, or (See Item 7.12 (e) and (h).) Don, Idaho, to points in Iowa, Minnesota, revocation of certificates and permit- ex- and Wisconsin. cept determination of uncontted pro-. rs oo Grounds for relief-Market competi- ceedings which have not Involved the 3. Item 7.6 is revised to read as follows: tion. taking of testimony at a public hearing 7.6 Finance Board. (a) Determina- Tariff-Supplement 196 to Western unless certified to the Division by the to Of aPPlications under sections 203 Trunk Line Committee, agent, tariff ICC Temporary Authorities Board; section (1) to (11), inclusive, and 214 relating to A-4_11. 410 (a)to , inclusive, section 410 ) securities when not connected with an and (, relating to permits, except mat- applcation under section 1 C18)-(20) or By the Commission. ters assigned to and determined by the section5(2) and which have not Involved , [sEAL] H. NEIL GAnSON, Operating Rights Board pursuant to the tahing of testimony at a public hear- Secretary. Item 7.11(a) or by the Temporary Au- Ing or the ubission of evidence by op- thoritles Board pursuant to Item 'Cc). Posing Parties In the form of affidavits. [F.R. Doc. 67-7873; Flled, July 7, 1967; * Any *a u er b) Any matter referred to the Fi. 8:47 an.] nance Board which Is assigned for the (w) Any matters arising under Parts taidng of testimony at a public hearing 31, I, and IV not specially assigned or shall be carried to a conclusion in ac- ORGANIZATION MINUTES referred to other Divisions, except mat- cordance with the established practices Order. At a general session of the In- ters relating to the Comm.lon's Deva- and asizgnments of work of the Com- terstate Commerce Commission, held at tion Rules (49 CFR Part 311, or as nison. its office in Washington, D.C., on the 22d amended) assigned to and determined (c)The Finance Board may certify to day of June 1967. by the Operating Rights Board, pursuant Divislon 3 any matter which in the Section 17 of the Interstate Commerce to Item 7.11(c). Board's Judgmient Should be pasTed on Act, as amended (49 U.S.C. 17) and other 2. In Item 4.4, paragraphs (c), (g), by that Division, or the Commklion, and provisions of law being under considera- k), and Cr) are amended to read as Division 3 may recall any matter from tion, with a view to reflecting the new follows: the Finance Board. organization of the Office of Proceedings. 4.4 Division three-FinanceandScrv- 4. Item 7.11 is revised to read as fol- It is ordered, That the Organization ice. lows: Minutes of the Interstate Commerce . a a . 7.11 Operating Rights Board. (a) Commission relating to the Organization (C)Section 1 (18) to (20). inclusive, Determination of applicationz under sec- of Division and Boards and Assignment relating to certificates of public conven- tions 204 Ca) (4a), 206, 207, 203, 209, 210, of Work, issue of July 27, 1965, as ienceandnecesslty, except determination 211, 303(1), 309, 310, 410 (a) to (f), in- amended (30 P.R. 11189, 12559 and of applications which have not involved clusIve, and 410 (12) and (i), relating to 13302; 31 P.R. 242, 4762, 9529, 12693, the taking of testimony at a public hr- the Issuance of certificates of public con- 13099, and 14025; and 32 P.R. 431, 7105, Ing or the submission of evidence by op- venlence and necessity and permits to 8000, and 8784), be further amended as posing parties In the form of affidavits, motor and water carriers, permits to follows: freight forwarders, certificates of ex- 1. In Item 4.2, paragraphs (e), ), unless certified to the Division by a r k), (1), (n), t), and (w) are view board or recalled by the Dlviaon. emption to single-State motor carriers, amended (See Item 7.12(f).) licenses to brokers, and dual operation to read as follows: matters which have not involved the tak- 4.2 Division one-Operating Rights S a * ing of testimony at a public hearing or Division. (g)Section 5 (2) to (13), Inclusive the submislon of evidence by opposin, (except matters assigned to Division 1), Parties in the form of affidavits. (e) Section 204(a) (4a), relating to relating to consolidations, mergers, pur- Cb) Determination of issues, raised by certificates of exemption to motor car- chases, leases, operating contracts, and the filing of protests or otherwis, con- xilers operating solely within a single acquisitions of control of carriers, non- cerning applications by holders of intra- State, except matters assigned to and carrier control, and trackage rights, in- state authorities for certificates of determined cluding matters of public convenience registration to engage in operations in by the Operating Rights and necessity under section 207 and con- interstate or foreign commerce under Board pursuant to Item 7.11(a). sistency with the public interest under sections 206() (6) and (7), except those section 209 directly related thereto, ex- applications under section 206(a) (6) in CQ)Sections 206, 207, and 208, relat- cept determination of applications under connection with which petitions for re- ing to certificates of public convenience section 5(2) and aforesaid related mat- conzideration of the finding of the State and necessity, and certificates of regis- ters under sections 207 and 209 which Commission that the public convenience tration, except matters assigned to and have not involved the taking of testi- and necezsity require applicant's pro- determined by the Operating Rights mony at a public hearing or the submis- pozed operations in Interstate or foreign Board pursuant to Items 7.11(a) and sion of evidence by opposing parties in commerce are seasonably filed, not in- 7.11(b). the form of affidavits, unless certified to volving the taking of testimony at a CWiSection 209, relating to permits, the Division by a review board or recalled public hearing before the Commission or except matters assigned to and deter- by the Division. (See Item 7.12 d) and the submission of evidence to the Coin- mined by the Operating Rights Board (g).) misslon by opposing parties in the form pursuant to Item 7.11(a). . . a , of aflIdavits, with the right to designate

FEDERAL REGISTER, VOL 32, NO. 131-SATURDAY, JULY 8, 1967 10128 NOTICES any such matter for hearing and deter- (f) Determination of applications a Review Board any matter in any pro- mination in accordance with the general under section 1 (18) to (20), inclusive, ceeding under the provisions of law set rules of practice where such action is relating to certificates of public con- forth under Item 4.4. deemed necessary or desirable. venience and necessity, and issuance of 6. Under the heading Rehearings and (c) Determination of Issues, raised by securities and assumption of obligations Further Proceedings, Items 8.4 and the filing of protests or otherwise, con- under section 20a in connection there- 8.6(a) are amended to read as follows: cerning the interpretation and applica- with, which have not involved the taking tion of the Deviation Rules, 49 CFR Part of testimony at a public hearing or the REnIZARINGS AND FURITHIR PaocMINGS 311 (20 P.R. 618, 4822), or as amended, submission of evidence by opposing par- not involving the taking of testimony at ties in the form of affidavits. 8.4 Division 1 is hereby designated an oral hearing or the submission of evi- (g) Determination of applications as an appellate division to which appli- dence by opposing parties in the form of under section 5(2) (except matters as- cations or petitions for reconsideration or affidavits, with the right to designate any signed in Item 4.2(a)) relating to con- review, based on an allegation of error such matter for hearing and determina- solidations, mergers, purchases, leases, on the merits, in whole or in part, of any tion in accordance with the general rules operating contracts, and acquisitions of order, action, or requirement of the Tem- of practice where such action is deemed control of carriers, by railroad or water, porary Authorities Board under para- necessary or desirable. noncarrier control of such carriers, and graphs (a) and (b) of Item 7.4, of the (d) Any matter referred to the Op- trackage rights; and applications under Operations Boards under paragraphs (a) erating Rights Board which is assigned section 20a (1) to (11), inclusive, relating and (b) of Item 7.8, of the Operating for the taking of testimony at a public to securities of carriers, in connection Rights Board under paragraphs (a), hearing shall be carried to a conclusion with the aforesaid applications under (b), and () of Item 7.11, and of the Re- in accordance with the established prac- section 5(2), which have not involved the view Boards under paragraph (a) of tices and assignment of work of the taking of testimony at a public hearing Item 7.12, shall be assigned or referred Commission. or the submission of evidence by oppos- for disposition (except as otherwise pro- (e) The Operating Rights Board may ing parties in the form of affidavits. vided in Item 7.4(a)), and the decisions certify to Division 1 any matter which (h) Section 311(b) relating to appli- or orders of the appellate division shall in the Board's judgment should be cations for temporary authority, and be administratively final and not sub- passed on by that Division, or the Com- continuance of temporary authority ject to review by the Commisslon. All mission, and Division 1 may recall any under section 9(b) of the Administrative other petitions seeking modification of matter from the Operating Rights Procedure Act and interpretative special any order, action, or requirement of any Board. rules (49 CFR 102.1 to 102.4). such Board, or supplementary authority 5. In Item 7.12, paragraphs (d), (e), (i) In any proceeding under the pro- in the proceeding, shall be determined and (f) are revised; and paragraphs (g), visions of law set forth under Item 4.2, by the Board, whose order, action, or re- (h), (1), (j), and (k) are added. As 4.3, or 4.4 hereof, in which the parties quirement is sought to be modified. amended, Item 7.12 reads as follows: request the withdrawal of exceptions, a 7.12 Review Board Nos. 1, 2, 3, 4, and Review Board may grant such request 8.6 Division 5: and enter an order making the recom- 3 Is hereby designated mended order of the hearing officer as an appellate division- (other than a Commissioner) effective. (a) To which applications or petitions (d) Determination of applications (ex- (j) In any proceeding under the pro- for reconsideration or review, based on cept matters assigned in Item 4.2(a)) visions of law set forth under Item 4.2, an allegation of error on the merits, in relating to consolidations, mergers, pur- 4.3, or 4.4 hereof, a Review Board may whole or in part, of any order, action, or chases, leases, operating contracts, and enter an order staying the recommended requirement of the Transfer Board under acquisitions of control of motor carriers, order of a hearing officer (other than a Item 7.5 (a), the Finance Board under and noncarrer control of such carriers, Commissioner) and may vacate Item 7.6(a), and the Review Boards under including matters of public convenience such a stay order in the event it concludes later paragraphs (c), (d), (e), (f), (g), and and necessity under section 207 and con- that the recommended order should be (h) of Item 7.12 shall be assigned or sistency with the public interest under allowed to become effective. referred for disposition, and the deci- section 209 directly related thereto, and sions or orders of the appellate division (k) A Review issuance of securities and assumption of Board may certify mat- shall not be subject to review by the obligations under section 214 in con- ters to the Divisions and the Divisions Commission. All other petitions, seeking nection therewith, which have not in- may recall matters from a Review Board, as follows: modification of any order, action, or re- volved the taking of testimony at a public quirement of any such Board, or supple- hearing or the submission of evidence by (1) A Review Board may certify to mentary authority In opposing parties in the form of affidavits. Division 1 and Division 1 may recall from the proceeding, The term "motor carriers" as used here- a Review Board any matter in any pro- shall be determined by the Board, whose in does not include a motor carrier which ceeding under the provisions of law set order, action, or requirement Is sought also Is a carrier subject to Part I or forth under Item 4.2 hereof. to be modified. Part II of the Interstate Commerce Act. (2) A Review Board may certify to * * * * 4, (e) Section 210a(b) relating to appli- Division 2 and Division 2 may recall from By the Commission. cations for temporary authority, and a Review Board any matter in any pro- continuance of temporary authority ceeding under the provisions of law set [SrAL] H. Nnxm Ghssom, under section 9(b) of the Administrative forth under Item 4.3 hereof. Secretary. Procedure Act and interpretative special (3) A Review Board may certify to [P.R. Doc. 67-7889, led, July 7, Ig7 rules (49 CFR 102.1 to 102.4). Division 3 and Division 3 may recall from 8:48 am.)

FEDERAL REGISTER, VOL 32, NO. 131-SATURDAY, JULY 8, 1967 FEDERAL REGISTER 10129

CUMULATIVE LIST OF PARTS AFFECTED-JULY

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 July.

3 CFR Page 7 CFR-Continued 1no 12 CFR-Continued Faza PROCrLAmITIONS: 1813------9614 303-..9638 2101 ------9615 3790 ------9803 305 ..---.------9638 3791 ------10047 PROPOSED RULES: 307 ------9633 .9638 . -9. EXECUTIVE ORDERS: 51 ------10084, 10090, 10097 958 --- 9835 33 . . 9638 EO 9979 (See 11360) ------9787 1001 ------9902 505,. 9520 9988 (See EO 11360) ------9787 1004 ------9836 545 ------. . 9955 10001 (See EO 11360) ...... 9787 1015 ------9902 10008 (See EO 11360)------9787 1067 ------9691 13 CFR 10202 (See EO 11360) ------9787 1090 ----..------...... 9977 ll19977 101 ------10059 10292 (See EO 11360)------9787 ::9977 102 9522 9787 1101------10363 (See EO 11360) ------1102 ------9691 10366 EO 9787 Pnorosm RULES: (See 11360) ------1104. ------9694 10469 EO --- (See 11360) ..- 9787 1127 ------9697 121 - 9980,9982 10562 (See EO 11360) ------9787 1132...... 90694 10659 (See EO 11360)------9787 14 CFR EO 9787 10714 (See 11360) ------1------9640 10735 (See EO 11360) ...... 9787 8 CFR 10809 (See EO 11360) ------9787 100...... 9616 39.. 9641,10061 101------71...... 9641-9643, 9808. 9956, 10061 10984 (See EO 11360) ...- 9787 103 ...... 9622 91 ..... 9640, 9809 11098 (See EO 11360) ------9787 204 9622 91 ------97. ------9-6-0-9899957 11188 (See EO 11360) ------9787 211...... 9624 401 - - ---.-... 9963 11241 (See EO 11360) ------9787 211 ...... 9625 1201 ...... 9524 11266 (See EO 11360) ------9787 213212------9625 11350 (See EQ 11360) ------9787 214 9620 1206 ------9528 11359A ------10049 215 ...... 9626 PnoPos RULES: 11360------9787 221 ------9626 23 ------10103 223 ...... 9626 39 ...... ------9703 5 CFR 231 9626 61 ------10103 9626 71------9571, 9704-9703, 9986 213------9493,9605,9807 234...... 9627 75 -9703 294------9493 235...... 9627 91 ------..... 9340,9937 511 ------9605 236...... 9628 221 ------.-.-- .....------9.41 534 ------9605 238------... 9629 3 .9841 550------9807 399 984-1 242--239...... ------9631 243 ...... 9631 7 CFR 9632 15 CFR 245 ------1 ------9605 9632 Ch. LI...... 10077 248 ...... 9632 ---- 9496,9499,9507 4. 301 (3 documents) 249 ------9632 9643 354 ------9945 9809 251 9632 365 370------9606 ------...... 369 ...... 10078 412 9816 252 ------9632 370 ------253 9633 ------10073 717 --- 9946 371- .. . -100 79 77------94 264 9633 718 ...... 9507 372 10078 9633 ------722 ------9608 292 ...... 373 ------10078,10079 725 9817 299 ------9633 ------312 ------9633 379 ------10078 728 -...... 9819 382------10082 316a...... 9634 751------9821 385 10079 319 ...... 9635 ------798. -...... 9608 399...... ------10082 811 ------9949 334 ------9035 337 900 ------9610,9821 ------935 339 16 CFR 905 ------9508,10051 ------9635 341 ...... 13 ------9645-9648, 10058 908 ------9508,10051 9635 910 ------9509,10052 343a.343 ------. . . . . 9635 PnoPo= RULES: 911 ------9822 343a...... 9635 415 . ------9343 916. 343b ------9636 500---- - 9571 ...... 9612 349 --- --.------.-- -- 9636 917 ------9822 Ann 9636 944 ------10052 17 CFR 980------9509 9 CFR O...... 9648 1032 ------9612 .ffl 9828 1073 ------9510 51 ------9945 1104 ------9823 204 ------9636 18 CFR 1132 ------9823 1421 ------9612, 9824, 10052, 10057 12 CFR 1------10062 1446 9950 1 9--9 2....-.... 9355 ------3 ------10052 1464 ------9826 4 ------9513 1474 ------9510 9516 131-.- 9650 1520 ------9827 272271 9518 PROFO=DIRULES: 1701------9613 272 ------9518 9709 1804 ------9828 301------9638 141 9709 10130 FEDERAL REGISTER 19 CFR Page 29 CFR Page 36 CFR Page 9533 101 ------9547,10059 200 ------9679 ------9533 102 9547 504 ------9682 2 ------9533 516 ------9551 31 ------9537 526 ------9811 39 CFR 1401 ------9811 113...... 9559 20 CFR 1402------9811 200 ------.. ---- 9651 1403 ------9811 262 ------9651 1404 ------9811 41 CFR 405------9537 PROPOSED RULES: 1-8 ...... -...... -... 9683 4-2 ------10083 21 CFR 4------10132 101-25 ------9683 105-60 ------9564 8 ...... ----...... - 9945 31 CFR 141a ------9810 145 ------9810 9562,10059 42 CFR 92 ...... ----- 9664 146a .. 9810 PROPOSED RULES: 256 ------9564 308 ------10070 257- 73 ------9665 9698 PROPOSED RULES: 270 ...... 9665 14 ------9979 323- 43 CFR -9967 351 ...... 9666 22 CFR 9974 32 CFR 212 ------9652 44 CFR 302 ------Ch. XW -- 9679 9654 401 303 ------9654 67------9968 ------9816 501- 9657 68 9968 rno 242------9969 wo ------9657 45 CFR 243 9971 503...... 9560 286 ...... 9666 704 23 CFR 287 9670 ...... 0684 255 --- 10072 1005 ------9685 290 ...... 9671 1009 ...... 9687 800 ...... 9673 1030 ------10073 24 CFR 806 9674 813a ------9677 15 ------I ------9660 46 CFR 200 ------9539 822 9673 iRnn 9662 827 9677 9650 857 9677 25 CFR 870 9677 47 CFR 873 9678 73 ------9815 41 ------10058 1607 ...... 9973 1609 ------9973 26 CFR 1610 ------9973 49 CFR 48 ------9540 Ir9.9 9973 9------10076 601 ------9541 105 --.------9810 32A CFR 195 ------9680 28 CFR PROPOSED RULES: 0------9662 Ch. XVIII MA: 50 CFR 16 ------9662 SMR-5 ------10102 32 ------9600 FEDERAL REGISTER

VOLUME 32 0 NUMBER 131

Saturday, July 8, 1967 Washington, D.C. PART II

Department of Labor

0

Federal Service Contracts

Proposed Interpretations

No. 131-Pt. frl1 10132 PROPOSED RULE MAKING

Subpart C-Application of the COMPENSATIO STANDARDS Sec. DEPARTMENT OF LABOR McNamara-O'Hara Service Con- 4.150 General minimum wage. Office of the Secretary tract Act 4.100 Effect of section 6(e) of the Fair labor Standards Act. INTRODUCTORY [29 CFR Part 4 ] 4.161 Minimum monetary wages under con- Sec. tracts exceeding 42,500. FEDERAL SERVICE CONTRACTS 4.101 Official rulings and Interpretations in 4.162 Fringe benefits under contracts ex- this subpart. ceeding $2,500. Proposed Interpretations 4.102 The Act. 4.163 Locality basis of wage and fringe 4.103 What the Act provides, generally. benefit determinations. Pursuant to sections 2 and 4 of the Mc- 4.104 Administration of the Act. 4.164 Making the determinations and in- Namara-O'Hara Service Contract Act of AGENcIES WHOSE CONTRACTS MAY BE COVERED forming contractors. 1965 (79 Stat. 1035) and Secretary's Or- 4.107 Federal contracts. COMPLIANCE WITH COMPENSATION STANDARDS der No. 36-65 (30 F-R. 15305), I propose 4.108 to amend 29 CPR Part 4 by adding District of Columbia contracts. 4.165 Wage payments and fringe beneflits- thereto a new Subpart C as herein set COVERED CONTRACTS GENEZRALLY In general. 4.166 Wage payments--unlt of payment. out. 4.110 What contracts are covered. 4.167 Wage payments--medium of payment, On September 27, 1966, other regula- 4.111 Contracts "to furnish services". 4.168 W a g e payments-deductions from tions relating to the administration of 4.112 Contracts to furnish services "in the wages paid. the McNamara-O'Hara Service Contract United States". 4.169 Wage payments-work subject to dif- Act of 1965 were published in the FED- 4.113 Contracts to furnish services "through ferent rates. the use of service employees". ERAL REGISTER (31 F.R. 12646) as Subparts 4.170 Furnishing fringe benefits or equva- A and B of a proposal to revise 29 CFR 4.114 Subcontracts. lents. SPECIFC EXCLUSIONS 4.171 Meeting requirements for partlular Part 4. Public comment was invited, and fringe benefits. it was stated that "Subpart C containing 4.110 Exemptions and exceptions generally. 4.172 Computation of hours worked. interpretative materials will be issued at 4.116 Contracts for construction activity. 4.173 Identification of contract work. a later date". Some of the comments re- 4.117 Contracts for carriage subject to pub- ceived requested further opportunity to lished tariff -rates. OVERTIME PAY or COVERED EMrLOyErS comment on Subparts A and B after pub- 4.118 Contracts for services of communica- 4.180 Overtime pay-In general. tions companies. 4.181 Overtime paty provisions of other Acts, lication of Subpart C. Accordingly, fur- 4.119 Contracts for public utility services. views, or argument on Sub- 4.182 Overtime pay of service employees en- ther data, 4.120 Contracts for operation of postal con- titled to fringe benefits. parts A and B as published on September tract stations. 27, 1966 (31 FR. 12646) as well as such 4.121 Contracts for individual services. NOTICE TO EMPLOYEES comment on the Subpart C herein set 4.122 Work subject to requirements of 4.183 Employees must be notified of com- out are invited as provided in that docu- Walsh-Healey Act. pensation required. ment, but during a period which is ex- 4.123 Administrative limitations, variations, 4,184 Posting of notice. tolerances, and exemptions. panded to include 30 days following the RXCORDS publication of this document. PARTICULAR APPLICATIONS Or CONTRACT Part 4 of Title 29 of the Code of COVERAcE PRINCIPLES 4,185 Ilecordkeeplng requirements. Federal Regulations is hereby amended 4.130 Types of covered service contracts SAFETY AND HEALTH PiOVISIONS by adding thereto a new Subpart C as illustrated. 4,186 Contract requirements for safety and herein set out. As this Subpart C relates 4.131 Furnishing services involving more health of workers. only to public contracts, the exemption than use of labor. ENFOXCMENT provided in paragraph (a) (2) makes in- 4.132 Services and other Items to be fur- nished under single contract. 4.187 Recovery of underpayments. applicable the provisions of subsections 4.133 Government as beneficiary of contract (b), (c), and (d) of 5 U.S.C. 553 which 4.188 Ineligibility for further contracts services. when violations occur. otherwise require public procedure and a 4.134 Contracts outside the Act's coverage. delayed effective date. It does not appear 4.189 Administrative proceedings relating to DT RMnNG AMOUNT Or CONTRACT enforcement of labor standards. that any useful purpose would be served 4.190 Contract cancellation. by such procedure and delay insofar as 4.140 Significance of contract amount. 4.191 Complaints and compliance assistance. it relates to this Subpart C. Accordingly, 4.141 General criteria for measuring this amendment shall be effective on the amount. AUTHORTY: The provisions of this Sub- 4.142 Contracts in an Indefinite amount. part C issued under seu. 2(a) and 4, 79 day this document is published in the Stat. 1035; 41 U.S.C. 352. R.S. 161, 5 U.S.C. FEDERAL REGISTER. CHANGES n CONTRACT COvExAG 22, Secretary's Order 36-5 (80 PAR. 15305). On September 27, 1966, other regula- 4.143 Effects of changes or extensions of tions relating to the administration of contracts, generally. INTRODUCTORY the McNamara-O'Hara Service Contract 4.144 Contract modifications affecting § 4.101 Official rulings and Interprei. Act of 1965 were published in the amount. tlions in this subpart. FEDERAL REGISTER (31 F.R. 12646) as Sub- 4.145 Extended term contracts. The purpose of this subpart is to pro- parts A and B of a proposal to revise 29 PERIOD Or COVeRAGE CFR Part 4. Public comment was invited, vide, pursuant to the authority cited In and it was stated that "Subpart C con- 4.146 Contract obligations after award, § 4.103, official rulings and interpreta- taining interpretative materials will be generally. tions with respect to the application of issued at a later date". Some of the com- EMPLOYEES COVERED ST THE ACT the McNamara-O'Hara Service Contract Act for the guidance of the agencies of ments received requested further op- 4.150 Employee coverage generally. portunity to comment on Subparts A and the United States and the District of 4.151 Employees covered by provisions of Columbia which may enter Into and ad- B after publication of Subpart C. Accord- section 2(a). 4.152 Employees subject to prevailing com- minister contracts subject to Its provi- ingly, further data, views, or argument pensation provisions of sections sions, the persons desiring to enter into on Subparts A and B as published on 2(a) (1) and (2). such contracts with these agencies, and September 27, 1966 (31 F.R. 12646) are 4.153 Inapplicability of prevailing compen- the contractors, subcontractors, and em- invited as provided in that document, but sation provisions to some employees. ployees who perform work under such 4.154 Employees covered by sections 2(a) contracts. This subpart supersedes all during a period which is expanded to in- (3) and (4). 4.155 Employee coverage does not depend on prior rulings and interpretations issued clude 30 days following the publication under the Act to the extent, If any, that of this document. form of employment contract. 4.156 Employees In bona fde executive, ad- they may be inconsistent with rules here- The new Subpart C of 29 CPR Part 4 ministrative, or professional ca- In stated. Principles governing the ap- reads as follows: pacity. plication of the Act as set forth In this

FDERAL REGISTER, VOL 32, NO. 131-SATURDAY, JULY 8, 1967 PROPOSED RULE MAKING 10133 subpart are clarified or amplified in par- engaged in performing work on the con- held under the Act; (7) making recom- ticular instances by illustrations and ex- tract less than such Fair Labor Stand- mendations to the Secretary for the Is- amples based on specific fact situations. ards Act minimum wage (or, In the caza mlunce, amendment, or rezcis slon of such Since such illustrations and examples of certain linen supply contractorr, the rules and regulations as he may deem to cannot and are not intended to be ex- alternative minimum wage provided un- be nece=ary or advisable to carry out haustive, no inference should be drawn der sec. 6(e) (2) of such Act). Contracts the provisions of the Act; and (8) mak- from the fact that a subject or illustra- of $2,500 or less are not, however, re- Ing appropriate arransements with the tion is omitted. if doubt arises, inquiries quired to contain the stipulations de- contracting agencies pursuant to section with respect to matters other than safety scribed above. Theze provisions of the 3 of the Act and for their cooperation in and health standards should be directed Service Contract Act are implemented by carrying out If- provisions. to the Administrator of'the Wage and the regulations contained in Subparts A (d) The director has authority and Hour and Public Contracts Divisions, and B of this Part 4, and are discu=ed in responsibility for administration of the U.S. Department-of Labor, Washington, more detail in subsequent cections of this Act's provisions relating to occupational D.C. 20210, or to any Regional or Dis- subpart. health and safety, including (1) formu- trict Office of the Divisions. Safety and § 4.104 Administration of the Act. lating safety and health standards; (2) health inquiries should be- addressed to makig safety and health inspections un- the Director, Bureau of Labor Standards, (a) As provided by section 4 of the der the provisions of the Act; (3) review- Act and under provisions of sections 4 ing findings and declsions of hearing ex- U.S. Department of Labor, Washington, and 5 of the Walsh-Healey Public Con- D.C. 20210, or to any Regional Office of aminers and making revised finding3, tracts Act (49 Stat. 2036, 41 US.C. 38, conclusions, and decisLons concerning the Bureau. A full description of the 39) which are made expressly applicable facts and any relevant documents should compliance with safety and health stand- for the purpose, the Secretary of Labor ards, In administrative enforcement pro- be submitted if an official ruling is de- and directed to administer sired. is authorized ceedings under the Act; (4) reviewing and enforce the provisions of the hearing examine" recommendations for § 4.102 TheAct. McNamara-O'Hara Service Contract Act, relief from the ineligibility list zanction The McNamara-O'Hara Service Con- to make rules and regulations, Issue or- for violations of safety and health stand- tract Act of 1965 (Public Law 89-286. 79 ders, make decisions, and take other ap- ards and making recommendations with Stat. 1034, 41 U.S.C. 351 et seq.), herein- propriate action under the Act, including reopect thereto to the Secretary; and (5) after referred to as the Act, was approved the provision of reasonable limitations other%-se administering enforcement by the President on October 22, I9M5 (1 and the making of such rules and regu- policy and activiltie in connection with Weekly Compilation of Presidential lations allowing reasonable variations, the safety and health standards under Documents 428). It establishes standards tolerances, and exemptions to and from the Act. for minimum compensation and safety provisions of the Act as he may find (e) The Solicitor of Labor has respon- and health protection of employees per- necessary and proper in the public in- Aibility for (1) providing lezal advice and forming work for contractors and sub- terest or to avoid serious Impairment of a.zistance to the Secretary, the Adminis- contractors on service contracts entered the conduct of Government busine. trator, and the Director In the Issuance into with the Federal Government and (b) Functions of the Secretary are of reaulations, rules, and interpretations the District of Columbia. It applies to performed by the Adminitrator of the under the Act and the regulations issued contracts entered into pursuant to nego- Wage and Hour and Public Contracts DI- thereunder; (2) procecuting Judicial en- tiations concluded or invitations for bids visions, subject to the direction of the forcement proceedings, determination in issued on or after January 20, 1966. Assistant Secretary for Labor-Manage- each case whether such proceedings are ment Relations, by the Director of the appropriate to be made by the Solicitor § 4.103 What the Act -provides, gener- Bureau of Labor Standards, subject to of Labor; and (3) assisting the Adminis- ally. the direction of the Assistant Secretary trator and the Director In the develop- The provisions of the Act apply to con- for Labor Standards, and by the Solicitor ment of Policies for the administration tracts, whether negotiated or advertised, of Labor, as provided In Secretary's Or- and enforcement of the Act. the principal purpose of which is to fur- ders 36-65 (30 P.R. 15305) and 12-66 (31 Aom., WHosE CoxtuAcTs MxY Bz nish services in the United States through F.R. 12620), and the regulations in this the use of service employees. Under its part and in Part 6 of this title. CovEz= provisions, every contract subject to the (c) The Administrator has authority § 4.107 Federal contracts. Act (and any bid specification therefor) and responsibility for administration of entered into by the United States or the the Act's provisions relating to matters (a) Section 2(a) of the Act covers District of Columbia in excess of $2,500 other than occupational health and contracts (and any bid secification must contain stipulations requiring (a) safety, including (1) determining mini- therefor) "entered into by the United that specified minimum monetary wages mum wages and fringe benefits pursuant States" and section 2(b) applies to con- and fringe benefits determined by the to section 2(a) of the Act; (2) issuing tract3 entered into "with the Federal Secretary of Labor (based on wage rates interpretations with respect to the Act Government." Within the meaning of and fringe benefits prevailing In the and regulations thereunder on the ad- thee provisions, contracts entered into locality) be paid to service employees vice of the Solicitor; (3) authorizing and by the United States and contracts with employed by the contractor or any sub- instituting investigations and proecut- the Federal Government include gener- contractor in performing the services ing any inquiry with respect to poiuble ally all contracts to which any agency or contracted for; (b) that working condi- violations of the Act; (4) reviewing find- instrumentality of the U.S. Government tions of such employees which are under ings and decisions of the hearing ex- becomes a party pursuant to authority the control of the contractor or subcon- aminers in administrative enforcement derived from the Constitution and laws tractor meet safety and health stand- proceedings and making revised findings, of the United States. The Act does not ards; and (c) that notice be given to such conclusions, and decisions pursuant to authorize any distinction in this respect employees of the compensation due them section 8 of the Administrative Proce- between such agencies and instrumen- under the minimum wage and fringe dure Act as well as reviewing and modi- taities on the basis of their inclusion In benefits provisions of the contract. The fying recommendations to the Secretary or independence from the executive, leg- Act does not permit the monetary wage of Labor concerning application of the islative, or Judicial branches of the Gov- rates specified in such a contract to be ineligibility list sanction; (5) making ernment, the fact that they may be cor- less than the minimum wage specified recommendations to the Secretary of porate in form, or the fact that payment under section 6(a) (1) of the Fair Labor Labor as to exceptions, limitations, varl- for the contract services Is not made from Standards Act, as amended (29 U.S.C. ations, tolerances, and exemptions from appropriated funds. Thus, contracts of 206(a) (1)). In addition, it is a violation the provisions of the Act and from regu- wholly owned Government corporations, of the Act for any contractor or subcon- lations of the Secretary of Labor; (6) and thoze of nonappropriated fund In- tractor under a Federal contract subject making disbursements from the deposit strumentalitlc- under the jurisdiction of to the Act, regardless of the amount of fuhd directly to the underpaid employees the Armed Forces, are included among the contract, to pay any of his employees from any accrued underpayments with- tho:e subject to the general coverage of

FEDERAL REGISTER, VOL 32, NO. 131-SATURDAY, JULY 8, 1967 10134 PROPOSED RULE MAKING the Act. Contracts with the Federal Gov- tracts "entered into with the Federal import to the furnishing of services In ernment and contracts entered into "by Government" within the meaning of sec- the particular case. the United States" within the meaning tion 2(b) of the Act. The legislative his- (b) Determining whether a contract is of the Act do not, however, include con- tory indicates no intent to distinguish for "services", generally. Except Indi- tracts for services entered into on their District of Columbia contracts from the rectly through the definition of "service own behalf by agencies or instrumentali- other contracts made subject to the Act, employee" the Act does not define, or ties of other Governments within the and traditionally, under other statutes, limit, the types of "services" which may United States such as those of the several District Government contracts have been be contracted for under a contract "the States and their political subdivisions, or made subject to the same labor standards principal purpose of which isto furnish of Puerto Rico, the Virgin Islands, Guam, provisions as contracts of other agencies services". As stated in the congressional or American Samoa. and instrumentalities of the United committee reports on the legislation, (b) Where a Federal agency exercises States. the types of service contracts covered by its provisions are varied. Among the its contracting authority to procure serv- COVERED CONTRACTS GENERALLY ices for the Government or Government examples cited are contracts for laundry personnel, the method of procurement § 4.110 What contracts are covered. and dry cleaning, for transportation of utilized by the contracting agency is not The Act covers service contracts of the the mail, for custodial, janitorial, or controlling in determining coverage of Federal agencies described in §§ 4.107- guard service, for packing and crat- the contract as one entered into by the 4.108. Except as otherwise specifically ing, for food service, and for miscellane- United States. Such contracts may be provided (see §§ 4.115 et seq.), all such ous housekeeping services. Covered con- entered into by the United States either contracts, the principal purpose of which tracts for services would also Include through a direct award by a Federal is to furnish services in the United States those for other types of services which agency or through the exercise by an- through the use of service employees, may be performed through the use of other agency (whether governmental or are subject to its terms. This is true of the various classes of service employees private) of authority granted to it to contracts entered into by such agencies Included in the definition in section 8 (b) procure services for or on behalf of a with States or their political subdivisions, of the Act (see 1 4.113). Examples of Federal agency. Thus, sometimes au- as well as such contracts entered into some such contracts are set forth in thority to enter into service contracts of with private employers; however, con- § 4.130 et seq. In determining questions the character described in the Act for tracts between a Federal or District of of contract coverage, due regard must be and on behalf of the Government and Columbia agency and another such given to the apparent legislative intent on a cost-reimbursable basis may be dele- to include generally as contracts for agency are not within the purview of "services" gated, for the convenience of the con- the Act. It makes no difference in the those contracts which have as tracting agency, to a prime contractor coverage of a contract whether the con- their principal purpose the procurement with the Government under the terms of tract services are procured through nego- of something other than the construc- a contract having a principal purpose tiation or through advertising for bids. tion activity described in the Davis- other than the furnishing of services Also, the mere fact that an agreement Bacon Act or the materials, supplies, through the use of service employees (as, is not reduced to writing does not mean articles, and equipment described in the for example, a contract to operate or that the contract is not within the Walsh-Healey Act. The Committee re- manage a Federal installation or facility coverage of the Act. The amount of the ports in both House and Senate, and or a .Federal program). The contracts contract is not determinative of the Act's statements made on the floor of the entered into by such a prime contractor coverage, although the requirements are House, took note of the labor standards with secondary contractors for and on different for contracts in excess of $2,500 protections afforded by these two Acts to behalf of the Federal agency pursuant and for contracts of a lesser amount. employees engaged in the performance to such delegated authority, which have The Act is applicable to the contract if of construction and supply contracts and such services as their principal purpose, the principal purpose of the contract is observed: "The service contract is now are deemed to be contracts entered into to furnish services, if such services are the only remaining category of Federal by the United States and contracts with to be furnished in the United States, and contracts to which no labor standards the Federal Government within the if service employees will be used in pro- protections apply" (H. Rept. 948, p. 1; see meaning of the Act. However, service viding such services. These elements of also S. Rept. 798, p. 1; daily Congres- contracts entered into by Federal con- coverage will be discussed separately in sional Record Sept. 20, 1965, p. 23497). A tractors or State or local public bodies the following sections. similar understanding of contracts prin- with purveyors of services are not deemed cipally for "services" as embracing con- to be entered into by the United States § 4.111 Contracts "to furnish services". tracts other than those for construction merely because such services are paid (a) "Princ*al purpose" as criterion. or supplies is reflected in the statement for with funds of the contractor or pub- Under its terms, the Act applies to a of President Johnson upon signing the lic body which have been received from "contract (and any bid specification Act (1 Weekly Compilation of Presi- the Federal Government as payment therefor) * * * the principal purpose of dential Documents, p. 428). for contract work or as a grant under which is to furnish services * * *" If § 4.112 Contracts to furnish services "ii a Federal program. For example, a the principal purpose is to provide some- the United States." contract entered into by a municipal thing other than services of the char- housing authority for tree trimming, tree acter contemplated by the Act and any (a) The Act covers contract services removal, and landscaping for an urban such services which may be performed furnished "in the United States". The renewal project financed by Federal are only incidental to the performance of geographical area included in the funds is not a contract entered into by a contract for another purpose, the Act "United States" is defined in section 8(d) the United States and is not covered by does not apply. However, as will be seen as "any State of the United States, the the Service Contract Act. by examining the illustrative examples District of Columbia, Puerto Rico, the Virgin Islands, Outer Continental Shelf § 4.108 District of Columbia contracts. of covered contracts in §§ 4.130 et seq., no hard and fast rule can be laid down lands as defined in the Outer Continental Section 2(a) of the Act covers con- as to the precise meaning of the term Shelf Lands Act, American Samoa, tracts (and any bid specification there- "principal purpose." Whether the prin- Guam, Wake Islands, Eniwetok Atoll, for) in excess of $2,500 whioh are cipal purpose of a particular contract Kwajalein Atoll, Johnston Island." The "entered Into by the * * * District of is the furnishing of services through the definition expressly excludes any other Columbia." The contracts of all agencies use of service employees is largely a territory under the jurisdiction of the and instrumentalities which procure question to be determined on the basis United States (e.g. the Canal Zone) and contract services for or on behalf of the of all the facts in each particular case. any United States base or possession District or under the authority of the within a foreign country. Services to be District Government are contracts en- Even where tangible items of substantial performed exclusively on a vessel operat- tered into by the District of Columbia value are important elements of the sub- ing in international waters outside the within the meaning of this provision. ject matter of the contract, the facts geographic areas named in section 8(d) Such contracts are also considered con- may show that they are of secondary would not be services furnished "In the

FEDERAL REGISTER, VOL. 32, NO. 131-SATURDAY, JULY 8, 1967 PROPOSED RULE MAKING 10135

United States" within the meaning of the (2) The coverage of the Act does not and the rezulations (&r 4.6-4.7) require Act. extend, however, to contracts which have the Government prime contractor to (b) A service contract to be performed as their principal purpose the procure- agree that the required labor standards in its entirety outside the geographic ment of a type of service In the fur- will be observed by his subcontractors as limits of the United States as thus de- nishing of which no service employees well as by himself, that the prescribsd fined is not covered and is not subject to will be used. A contract for medical contract clauses relating thereto wil be the labor standards of the Act. See services is an example of such a contract. inserted in all subcontracts, and that ap- § 4.6(c) (8). However, if a service contract So are other contracts under which the propriate sanctions provided under the is to be performed in part within and In desired services called for by the Act may be invoked against him in the part without these geographic limits, the Government are to be performed by bona event of any failure to comply. Subcon- stipulations required by § 4.6 or CFR 4.7, fide executive, administrative, or pro- tractors responsible for violation of the as appropriate, must be included In the fessional personnel as defined in Part contract stipulations are also liable for invitation for bids or negotiation docu- 541 of this title (see paragraph (b) of underpayments of wages which the stip- ments and in the contract, and the labor this section). If the use of service em- ulations require to be paid and are sub- standards must be observed with respect ployees will not be involved in providing ject to the enforcement provisions of the to that part of the contract services that the type of service specified by the Act. The payment by subcontractors to is performed within these geographic Government, the contract Is not subject their employees, performing worl on limits. In such a case the requirements to the Act even though there is some covered contracts with the Federal Gov- of the Act and of the contract clauses incidental employment by the contractor ernment, of less than the minimum wage will not be applicable to the services fur- or a subcontractor of service employees specified under section 6(a) (1) of the nished outside the United States. to do work not specifically called for by Fair Labor Standards Act (29 U.S.C. the contract. 206(a) (1)) is expressly prohibited, ex- §4.113 Contracts to furnish services In "through the use of service em- (b) "Service employees" defined. cept as otherwise provided In the case of ployees". determining whether or not any of the certain linen supply subcontractors un- contract services will be performed by der section 6(e) (2) of such Act. (a) Use of "service employees" in con- service employees, the definition of (b) "Contractor" as including "sub- tract performance. (1) As indicated in "service employee" In section 8(b) of the § 4.110, the Act covers service contracts contractor" F_cept where otherwise Act is controlling. It provides: noted or where the term "Government in which "service employees" will be used The term "scrvica employco" means in -performing the services which it is prime contractor" is used, the term "con- guards, watchmen, and any person engaged tractor" as uzed in this Part 4 shll be the purpose of the contract to procure. In a recognized trade or craft, or other A service contract otherwise subject to skilled mechanical craft, or In u..mldlled, deemed to include a subcontractor. The the Act ordinarily will meet this condi- semiskilIed, or okilled manual labor cccupa- term "contractor" as used in the con- tion if any of the services which it is the tions; and any other employee Including a tract clauses required by Subpart A in principal purpose of the contract to ob- foreman or supervisor in a poAition having any subcontract under a covered con- trade, craft, or laboring experience as the tract shall be deemed to refer to the sub- tain will be furnished through the use of paramount any service employee or employees. Even requirement; and rhahl Includo contractor, or, if in a subcontract entered all such persons regardles of any contractual into by such a subcontractor, shall be where it is contemplated that the services relationship that may be alleged to exist (of the kind performed by service em- batween a contractor or subcontractor and deemed to refer to the lower level ployees) will be performed individually such persons. subcontractor. by the contractor himself, the contract It will be noted that ex- SPr=cirC MCLUSIo:;S cannot be considered outside the reach of the definition pressly includes certain supervisory S4.115 Exemptions and excepton5 gen- the Act unless it is known in advance employees. However, -it is not deemed to that the contractor will in no event use erally. include those employees who are em- The Act, In cection any service employee during the term of ployed In a bona fide executive, admin- 7, specifically ex- the contract in furnishing the services istrative, or professional capacity as cludes from Its coverage certain con- called for. If the contracting officer defined in Part 541 of this title. The tracts and work which might otherwise knows when advertising for bids or con- breadth of the definition is indicated by come within it-s terms as procurements cluding negotiations that no such em- the principal purpose of which is to fur- the fact that much of its language I- nish services through ployee will be used by the contractor in identical with that in the Classification the uze of service any event in providing the contract serv- Act Amendments of 1954 (5 U.S.C. employees. In addition, az noted in ices, the Act will not be deemed appli- 1082(7)) defining the so-called "blue § 4.104 provision is made in section 4 of cable to the contract and the contract collar workers" or "wage board employ- the Act for adminis-rative action by the clauses required by § 4.6 or § 4.7 may be ees" In the Federal service. The legis- Secretary of Labor providing reasonable omitted. However, in all other cases such lative history indicates that such em- limitations and allowing reasonable vari- clauses must be included in the contract ployees are the "counterpart" n Federal ations, tolerances, and exemptions to documents, for application in the event service of the contractors' employees to and from provisions of the Act in ac- service employees are used in furnishing whom the Act was intended to extend. cordance with standards set forth in the the services. The fact that the required (H. Rept. No. 948, 89th Cong. 1st sezi. section. Theze provislons of the Act apply services will be performed by municipal p. 2.) The definition therefore includes as explained in the following disc-usion. employees or employees of a State would as service employees those classes of The limitations stated in this subpart in not remove the contract from the pur- employees described In some detail in defining the scope of the statutory en- view of the Act, as this Act does not con- the Handbook of Blue Collar Occupa- emptions are reasonable limitations that tain any exemption for contracts per- tional Families and Series Issued by the have bz-n found necessary and proper in formed by such employees. Also, where Civil Service Commission (the latest be- the public interest in accordance with the the services the Government wants under ing October 1961). Some of the specifie provtslons of section (4)b of the Act. the contract are principally of a type types of service employees who may be that will require the use of service em- 4.116 Contracts for construction activ- ployees as defined in section 8(b) of the employed on service contracts are noted ity. in subsequent sections which discuss the (a) General Act, including supervisory personnel in application of the Act to employees. scorc of exemptioi2. The positions "having trade, craft, or labor- Act, in paragraph (1) of section 7, ex- ing experience as the paramount require- § 4.114 Subcontract; empts from Its provisions "any contract ment", the contract is not taken out of (a) Requirements applicable to sub- of the United States or District of Co- the purview of the Act by the fact that contractors. The Act's provisions apply lumbia for construction, alteration and/ the manner in which the services of such to the performance not only of the con- or repair. Including painting and deco- employees are performed will be subject tracts entered into with the United rating of public buildings or public to the continuing overall supervision of States or the District of Columbia which works." This language correzpondz to the professional personnel to whose services they cover but also to the performance language used in the Davis-Bacon Act to the Act would not be considered to apply. of any subcontract thereunder. The Act dezcribe Its coverage (40 U.S.C. 270a).

FEDERAL REGISTER, VOL 32, NO. 131-SATURDAY, JULY 8, 1967 10136 PROPOSED RULE MAKING

The legislative history. of the McNa- the 50 States and the District of Colum- by section mara-O'Hara Service Contract Act 22 of Part I of the Interstate in- bia are not subject to the Davis-Bacon Commerce dicates that the purpose of the provision Act are not considered to be Act. Such a contract is within the gen- published tariff rates; accordingly, a con- is to avoid overlapping coverage of the eral coverage provisions two acts of the Mc- tract for transportation of personnel or by excluding from the applica- Namara-O'Hara Act, however, tion of if it is to freight performed in accordance with a the McNamara-O'Hara Act those be performed within the "United States" contracts reduced rate under such section is not (and any bid specification as defined in such Act and if its principal therefor) to which the Davis-Bacon Act within the exemption. The contracts ex- purpose is to furnish services through the cluded from the reach of the Act by this is applicable and in the performance of use of service employees. which If the contract exemption are typically those where the labor standards of that Act meets these tests, it will not be deemed are intended to govern the compensa- there is on file with the Interstate Com- exempt under section 7(1) of the Act merce Commission tion payable to the employees of con- or an appropriate even though it calls for construction State or local regulatory body a tariff tractors and subcontractors on the work. activity, since there is no suggestion (See in rate applicable to the transportation in- H. Rept. 798, pp. 2, 5, and H. Rept. the legislative history that the Congress 948, pp. volved, and the transportation contract 1, 5, also Hearing, Special Sub- intended this exclusion to apply to con- committee on Labor, House Committee between the Government and the carrier tracts not subject to the Davis-Bacon is evidenced on Education and Labor, p. 9 (89th Cong., by a bill of lading citing the Act or to leave employees performing published tariff 1st sess.).) The intent of section 7(1) rate. It should be noted such contracts outside the protection of further that only such contracti is simply to exclude from for the the pro- either Act. This is found to be a reason- carriage of "freight visions of the Act those construction con- or personnel" are able limitation of the exemption which exempt. This exemption tracts which involve the employment of thus does not is necessary and proper in the public exclude any contracts persons whose wage rates and fringe for the trans- interest in accordance with the provi- portation of mail from the application of benefits are determinable under the sions of section 4(b) of the Act. Davis-Bacon the Act, because the term "freight" does Act. (c) Partially exempt contracts. (b) Contracts not In- not include the mail. (For an admin- within exemption. stances may arise in which, (1) for the con- istrative exemption of certain contracts Section 7(1) does not exempt con- venience of the Government, instead tracts which, for of with common carriers for carriage of purposes of the Davis- awarding separate contracts for Bacon Act, are not con- mail, see 14.6(c) (9).) considered to be of struction work subject to the the character Davis- described by the corre- Bacon Act and for services of a different § 4.118 Contracts for servicci of cont. sponding language munications companies. in that Act, and to type to be performed by service which the em- provisions of such Act are ployees, the contracting officer may in- The Act, in paragraph (4) of section 7, therefore not applied. Such contracts are clude separate specifications exempts from Its provisions "any con- accordingly for each subject to the McNamara- type of work in a single contract calling tract for the furnishing of services by O'Hara Act where their principal purpose for the performance of both types of radio, telephone, telegraph, or cable com- Is to furnish services in the United States work. For example, a contracting agency panies, subject to the Communications through the use of service employees. For may invite bids for the installation of a Act of 1934." This exemption Is appli- example, a contract for clearing timber plumbing system in a public building and cable to contracts with much companies or brush from land or for the demolition for the maintenance of the system for for communication services regulated or dismantling of buildings or other one year, under separate bid specifica- under the Communications Act. It does structures located thereon may be a con- tions. In such a case, the exemption pro- not exempt from the Act any contracts tract for construction activity subject to vided by section 7(1) will be deemed ap- with such companies to furnish any the Davis-Bacon Act where it appears plicable only to that portion of the con- other kinds of services through the use that the clearing of the site is to be fol- tract which calls for construction activity of service employees. lowed by the construction of a public- subject to the Davis-Bacon Act. The con- building or public work at the same loca- § 4.119 Contracts for public utility ser- tract documents are required to contain ices. tion. If, however, no further construction the clauses prescribed by § 4.6 for appli- activity at the site is contemplated the cation to the contract obligation to fur- The Act, in paragraph (5) of section 1, Davis-Bacon Act may be considered in- nish services through the use of service exempts from its provisions "any con- applicable to such clearing, demolition, employees, and the provisions of the tract for public utility services, including or dismantling work. In such event, the McNamara-O'Hara Act will apply to electric light and power, water, iteam, exemption in section 7(1) of the that portion of the contract. This is a and gas." This exemption Is applicable McNamara-O'Hara Act has no applica- reasonable limitation of the application to contracts for such services with com- tion and the contract will be subject to of the exemption found to be necessary panies whose rates therefor are regu- the Act in accordance with its general and proper in the public interest in ac- lated under State, local, or Federal law coverage provisions. cordance with the provisions of section governing operations of public ttility (2) Also, where the principal purpose 4(b) of the Act. enterprises. Contracts entered Into with of a contract is to furnish public utility companies to furnish serv- services in the § 4.117 United States through the use of service Contracts for carriage subject to ices through the use of service employe", published tariff rates. employees whose wage rates and fringe other than those subject to such rate benefits are not determinable under the The Act, in paragraph (3) of section regulation, are not exempt from the Act. Davis-Bacon Act, the fact that the con- 7, exempts from its provisions "any con- Among the contracts included In the tract may, by a literal reading of section tract for the carriage of freight or per- exemption would be those between Fed- 7(1), be considered to come within its sonnel by vessel, airplane, bus, truck, eral electric power marketing agencies egemptive language does not justify an express, railway line or oil or gas pipeline and investor-owned electric utilities, application of the exemption where this where published tariff rates are in effect". Rural Electrification Administration co- would result in no wage determinations In order for this exemption to be appli- operatives, municipalities and State for these employees under either Act. cable, the contract must be for such agencies engaged In the transmission This is found to be a reasonable limita- carriage by a common carrier described and sale of electric power and energy. tion on the exemption, consistent with by the terms used. It does not, for ex- (See H. Rept. No. 948, 89th Cong., Ist the rule of narrow construction of ex- ample, apply to contracts for taxicab or sess., p. 4.) emptions ambulance service, from remedial statutes and because taxicab and § 4.120 Contracts for operation of poota with the legislative history of this Act, ambulance companies are not among the contract stations. which is necessary and proper in the common carriers specified by the statute. public interest, in accordance with the Also, a contract for transportation serv- The Act, in paragraph (7) of section 7, provisions of section 4(b) of the Act. ice does not come within this exemption exempts from its provisions "any con- (3) It should be noted also that con- unless the service contracted for Is actu- tract with the Post Ofice Department, tracts in the amount of $2,000 or less ally governed by published tariff rates the principal purpose of which Is the and contracts to be performed in geo- in effect pursuant to State or Federal operation of postal oontrat stations." graphic areas outside the boundaries of law for such carriage. Rates governed The exemption Is limited to postal serv-

FEDERAL REGISTER, VOL. 32, NO. 131-SATURDAY, JULY 8, 1967 PROPO£ED RULE MAKING 10137

ice contracts having the operation of Namara-O'Hara Act, for such a contract therefor. when found neces-ary and principal purpose. is not within the general coverage of the proper in accordance with the statutory such stations as their have of the legislation which latter Act. In such cases the exemption in standards. No formal procedures A provision for requesting such ac- exempted contracts section 7(2) is not pertinent It Is per- been prescribed would also have tion. However, a request for exemption with the Post Office Department having tinent, however, In the case of contracts the transpor- exceeding $10.000 which are covered by from the Act's provisions will be granted as their principal purpose show- of the mails the McNamara-O'Hara Act, because they only upon a strong and affirmative tation, handling, or delivery in from the bill during its have as their principal purpose the fur- ing that It is necessary and proper was eliminated interest or to avoid serious by the House Committee nishing of services through the use of the public consideration busine-. If and Labor (H. Rept. 948, service employees, and are also covered impairment of Government -on Education the request for administrative action p. 1, 89th Cong., 1st sess.). by the Walsh-Healey Act, because it ap- plies to contracts in the required amount, under section 4(b) is not made by the § 4.121 Contracts for individual services. irrespective of their principal purpoze, headquarters oMce of the contracting contract services are The.Act, in paragraph (6) of section 7, if the furnishing of materials, supplies, agency to which the provisions ."any em- articles, or equipment in a substantial to be provided, the views of such office exempts from its obtained and providing for direct amount is called for by the contract on the matter should be ployment contract con- agency by an in- or is a significant or independent purpoze submitted with the request or the services to a Federal such a re- or individuals." This exemption, of the contract. Under such contracts, tracting oMcer may forward dividual to the agency applies only to an "employment the "work required to be done in accord- quest through channels which for submission with the contract" for "direct services," makes it ance with the provisions of the Walsh- headquarters the Administrator of clear that the Act's application to Fed- Healey Public Contracts Act," which Is latter's views to contracts for services is intended to exempted by section 7(2), includes only the Wage and Hour and Public Contracts eral of Labor. be limited to service contracts entered the work of those employees who are Divisions, Department into with independent contractors. If a "engaged in or connected with the manu- (o) Documentation of official action contract to furnish services (to be per- facture, fabrication, assembling, han- under section 4(b). All papers and docu- formed by a service employee as defined dling, supervision, or shipment of ma- ments made a part of the oMcial record in-the Act) provides that they will be terials, supplies, articles, or equipment of administrative action pursuant to furnished directly to the Federal agency required under the contract" (41 CFR section 4(b) of the Act are available for by the individual under conditions or 50-201.102). Service employees engaged public Inspection in accordance with the circumstances which will make him an in such work on a contract covered by regulations in 29 CFR 2.6. Idnitations, employee of the agency in providing the both Acts are thus exempt under section variations, tolerances and exemptions contract service, the exemption applies 7(2) from the provisions of the Mc- of general applicability and legal effect and the contract will not be subject to Namara-O'Hara Act and subject only to promulgated pursuant to such authority the Act's provisions. The exemption does the provisions of the Walsh-Healey Act, are published In the FE~rPAT lREcabs not exclude from the Act any contract while other employees such as guards, and made a part of the rules incorpo- for services of the kind performed by watchmen, and employees performing rated in this Part 4. For convenience in service employees which is entered into only general office or clerical work are use of the rules they are set forth in the with an independent contractor whose not covered by the Walsh-Healey Act or sections of this part covering the subject individual services will be used in per- within this exemption, and are cov- matter to which they relate, rather than forming the contract, but as noted ered by the provisions of the McNamara- as a separate listing. (See, for example, earlier in § 4.113, such a contract would O'Hara Act when performing work on a the exemption provided in § 4.5(b) and be outside the general coverage of the contract subject to Its terms. the limitations set forth in §§ 4.115 et - Act if only the contractor's individual § 4.123 Administrative limitations, vamr- seq.) Any rules that are promulgated relating services would be furnished and no serv- iations, tolerances, and exemptions. under section 4(b) of the Act event be used to subject matter not dealt with el-se- ice employee would in any of the Secretary. The in its performance. (a) Authority where in this Part 4 will be set forth Act, in section 4(b) authorizes the Sec- immediately following this paragraph. § 4.122 Work subject to requirements of retary to "provide such reasonable limi- Walsh-Healey Act. tations" and to "make such rules and PAnrrcuLAn AxpLrconois or Co.xc.tcT varia- COVERAGE PrWuCIPL= The Act, In paragraph (2) of section regulations allowing reasonable provisions "any work tions, tolerances, and exemptions to and § 4.130 Types of covered service con- 7, exempts from its this Act required to be done in accordance with from any or all provisions of tracts illustrated. the provisions of the Walsh-Healey Pub- as he may find necessary and proper in the principal or to avoid serious The types of contracts, lic Contracts Act (49 Stat. 2036)." It the public interest purpose of which is to furnish services will be noted that this like the similar impairment of the conduct of Govern- are ment business." This authority is simi- through the use of service employees, provision in the Contract Work Hours too numerous and varied to permit an Standards Act (40 U.S.C. 329(b)), is an lar to that vested in the Secretary is section 6 of the WVals-Healey exhaustive listing. The following list exemption for "work" rather than for under Illustrative, however, of the types of subject to the Walsh-Healey Public Contracts Act (41 U.S.C. 40) and "contracts" of the Contract Work services called for by such contracts that Act. The purpose of the exemption was under section 105 have been found to come within the to eliminate possible overlapping of the Hours Standards Act (40 U.S.C. 331). (b) Administrative action under sec- coverage of the Act. differing labor standards of the two Acts, (a) Aerial spraying. which otherwise might be applied to em- tion 4(b) of the Act. The authority con- by section 4(b) (b) Aerial reconnaissance for fire ployees performing work on a contract ferred on the Secretary detection. by the McNamara-O'Hara Act if of the Act will be exercised with due covered of the (c) Ambulance cervice. such contract and their work under it regard to the remedial purpose (d) Cafeteria and food service. should also be deemed to be covered by statute to protect prevailing labor stand- to avoid the undercutting of (e) Chemical testing and analysis. the Walsh-Healey Act. The Walsh- ards and f) Clothing alteration and repair. Act applies to contracts in excess such standards which could result from Healey of Government work to con- (g) Custodial and janitorial services. of $10,000 for the manufacture or fur- the award (h) Electronic equipment mainte- nisbing of materials, supplies, articles or standards, and whose saving in labor cost and operation. who will not observe such nance equipment. There is no overlap of cov- tractors (i) Flight training. erage, therefore, in the case of contracts therefrom enables them to offer a lower Government than can be (j) Forest fire fighting. in amounts not in excess of $10,000. Nor price to the (k) Geological field surveys. is there an overlap if the principal pur- offered by the fair employers who main- (1)Grounds maintenance. tain the prevailing standards. Adminis- pose of the contract is the manufacture (m) Guard or watchman service. or furnishing of such materials etc., trative action consistent with this stat- (n) (other than part of rather than the furnishing of services of utory purpose may be taken under sec- Landscaping the character referred to in the Mc- tion 4(b) with or without a request construction).

FEDERAL REGISTER, VOL 32, NO. 131-SATURDAY, JULY 8, 1967 10138 PROPOSED RULE MAKING

(o) Laundry and dry cleaning. for the recurrent supply to a Government § 4.133 Government as beneficlary of (p) Linen supply service. agency of freshly laundered items on a contract services. (q) Lodging and meals. rental basis. It is plain from the legisla- (a) in general.The Act does not say to (r) Malil hauling. tive history that such a contract is typi- whom the services under a covered con- (s) Maintenance and repair of motor cal of those intended to be covered by the tract must be furnished; so far as Its equipment. Act. Although tangible items owned by language is concerned, It Is enough If the (t) Maintenance and repair of office the contractor are provided on a rental contract Is "entered into" by and with equipment. basis for the use of the Government, the the Government and if Its principal pur- (u) Miscellaneous housekeeping. service furnished by the contractor in pose is "to furnish services in the United (v) Motor Pool operation. making them available for such use when States through the use of service em- (w) Packing and crating. and where they are needed, through the ployees." The legislative history Indi- (x) Parking services. use of service employees who launder and cates an intention to cover at least con- (y) Snow removal. deliver them, is the principal purpose of tracts for services of direct benefit to (z) Stenographic reporting. the contract. Similarly, a contract in the the Government, Its property, or Its (aa) Support services at military form of rental of equipment with opera- civilian or military personnel for whose installations. tors for the plowing and reseeding of a needs It Is necessary or desirable for the (bb) Taxicab services. park area is a service contract. The Act Government to make provision for such (oc) Tire and tube repairs. applies to It because its principal purpose services. Such contracts as those for fur- (dd) Transporting property or person- is the service of plowing and reseeding, nishing food service and laundry and nel (except as explained in § 4.117). which will be performed by service em- dry cleaning service for personnel at (ee) Trash and garbage removal. ployees, although as a necessary incident military installations, for example, were (ff) Warehousing or storage. the contractor is required to furnish specifically referred to. Where the prin- (gg) Drafting and illustrating. equipment. For like reasons the contracts cipal purpose of the Government con- (hh) Mortuary services. for aerial spraying and aerial reconnais- tract Is to provide these or other services § 4.131 Furnishing services involving sance listed in § 4.130 are covered, even to the Government or Its personnel more than use of labor. though the use of airplanes, an expensive through the use of service employees, the item of equipment, is essential in per- (a) If the principal purpose of a con- contract is within the general coverage forming such services. Contracts under of the Act regardless of the source of tract Is to furnish services in the per- which the contractor agrees to provide will the funds from which the contractor Is formance of which service employees the Government with vehicles or equip- paid for the service and Irrespective of be used, the Act will apply to the con- ment on a rental basis with drivers or absence of an exemption, whether he performs the work in his tract, in the operators are similarly deemed contracts own establishment, on a Government even though the use of nonlabor items to furnish services, in the performance of installation, or elsewhere. The fact that may be an important element in the fur- which service employees will be used. services called for by its the contract permits him to provide the nishing of the (Such contracts are not considered con- services directly to individual personnel terms. The Act is concerned with pro- tracts for furnishing equipment within of workers as a concessionaire, rather than through tecting the labor standards the meaning of the Walsh-Healey Public the contracting agency, does not re- engaged in performing such contracts, Contracts Act.) and is applicable if the statutory cover- quire a different conclusion. age test is met, regardless of the propor- § 4.132 Services and other items to be (b) Special'situations.It is not consid- of furnished under single contract. ered that the Act was Intended to cover tion of the labor cost to the total cost every contract, however, which Is en- furnishing the contract services, the If the principal purpose of a contract the contract is drafted, or tered into with the Government by a form in which specification is to furnish services contractor to furnish services, no mat- the necessity of providing tangible non- through the use of service employees labor items in performing the contract ter how indirect or remote a benefit the within the meaning of the Act, the con- Government may derive therefrom. If, obligations. A procurement that requires tract to furnish such services is not re- for example, a contract with the Govern- tangible items to be supplied as a part of moved from the Act's coverage merely is covered by the ment grants the contractor the privilege the service furnished because, as a matter of convenience in of operating as a concessionaire in a Act so long as the facts show that the procurement, it is combined in a single contract is chiefly for services, and that Government park for the purpose of fur- contract document with specifications nishing services to the public generally the furnishing of tangible items is of for the procurement of different or un- rather than to the Government or to secondary importance. related items. For example, a contracting personnel engaged in Its business, the (b) Some examples of covered con- agency may invite bids for supplying a contract Is not considered subject to the tracts illustrating these principles may quantity of new typewriters and for the Act. Since the statute Itself provides no be helpful. One such example is a con- maintenance and repair of the typewrit- clear line of demarcation, questions of tract for the maintenance and repair of ers already in use, under separate bid contract coverage where doubt arises typewriters. Such a contract may require specifications. The principal purpose of because of remoteness of benefit to the the contractor to furnish typewriter the latter, but not the former, would be Government from the services to be fur- parts, as the need arises, in performing the furnishing of services through the nished should be referred to the Admin- the contract services. Since this does not use of service employees. A typewriter istrator of the Wage and Hour and Putb- change the principal purpose of the con- company might be the successful bidder lic Contracts Divisions for resolution. tract, which is to furnish the mainte- on both items and the specifications for nance and repair services through the each might be included in a single con- § 4.134 Contracl outide the Arts cover. use of service employees, the contract tract for the convenience of the parties. age. remains subject to the Act. In such a case, the contract obligation to (a) Contracts entered into by agen- The same is true of contracts for main- furnish the maintenance and repair cies other than those of the Federal Gov- tenance or repair of motor vehicles or services would be subject to the provi- ernment or the District of Columbia as other equipment. (As noted in § 4.122, if sions of the Act. The "principal purpose" described in §1 4.107-4.108 of this sub- such contracts exceed $10,000 in amount, test would be applicable to the specifica- part are not within the purview of the the Walsh-Healey Public Contracts Act tion for such services rather than to the Act. Thus, the Act does not cover service may also apply to them, in which event combined contract. The Act would not contracts entered Into with any agenels the employees performing work required apply in such case to the contract obliga- of Puerto Rico, the Virgin Islands, Ameri- to be done in accordance with its provi- tion to furnish new typewriters, although can Samoa, or Guam acting In behalf sions would be exempt from the applica- its performance would be subject to the of their respective local governments. tion of the Service Contract Act.) provisions of the Walsh-Healey Public Similarly, it does not cover service con- (c) Another example of the applica- Contracts Act if the amount was in ex- tracts entered into by agencies of States tion of the above principle Is a contract cess of $10,000. or local public bodies, not acting as agents

FEDERAL REGISTER, VOL. 32, NO. 131-SATURDAY, JULY 8, 1967 PROPOSED RULE MAKING 10139 or for or on behalf of the United States service employees the contract would be amount actually expended by the Gov- or the District of Columbia, even though subject to the Act unless excluded there- ernment to $2,500 orl es. Federal financial assistance may be pro- from for some other reason, §4.142 Contracts in an indefinite vided for such contracts under Federal (d) A further category of contracts amOunt. law of the terms nd conditions specified outside the coverage of the Act includes (a) Every contract subject to this Act in Federal law may govern the award those service contracts which would and operation of the contract. (and any bid specification therefor) otherwise be covered but to which the Act which is Indefinite in amount and is not (b) Further, as already noted in §§ does not apply because they were en- otherwise exempt from the requirements 4.111-4.113, the Act does not apply to tered into pursuant to negotiations con- of sectlon 2(a) of the Act and § 4.6 is Government contracts which do not have cluded or invitations for bids Issued required to contain the clauses prescribed as their principal purpose the furnishing before January 20, 1966 (see § 4.102) in § 4.6 for contract- in excess of $2,500, of services, or which call for no services and have remained in effect without unless the contracting officer has definite to be furnished within the United States change since that date. knowledge in advance that the contract or through the use of service employees D=RMunu0 Auaoui; or CorrnACT will not exceed $2,500 in any event. as those terms are defined in the Act. (b) Where contracts or agreements § 4.140 Significance of contract amount. Clearly outside the Act's coverage for between a Government agency and pro- reasons are such contracts as those these As set forth in § 4.103 and in the re- spective purveyor. of services are ne- for the purchase of tangible products quirements of §§ 4.6-47, the obligations gotlated, which provide terms and which the Government needs (e.g. fuel, of a contractor with respect to labor conditions under which services will be vehicles, ofice equipment, and supplies), standards differ in the case of a covered furnished through the use of service em- for the logistic support of an air base in and nonexempt contract, depending on ployees in response to individual pur- a forefgn country, or for the services of a whether the contract is or Is not in ex- chase orders or calls, if any, which may lawyer to examine the title to land. Simi- cess of $2,500. Rules for resolving ques- be Issued by the agency during the life larly, where the Government contracts whether a con- for a lease of building space for Govern- tions that may arise as to of the agreement, these agreements tract Is or is not in excess of this figure would ordinarily constitute contracts ment occupancy and as an incidental are set forth in the following sections. within the Intendment of the Act under part of the lease agreement the building principles Judicially established in owner agrees to furnish janitorial and § 4.141 Gcneral criteria for measuring anount. United Biscuit Co. v. Wlrtz, 17 WH Cases other building services through the use 146 (C.A.D.C.). a case arising under the of service employees, the leasing of the (a) In general, the contract amount is VWalsh-Healey Public Contracts Act, space rather than the furnishing of the measured by the consideration agreed to Such a contract, which may be in the building services is the principal purpose be paid, whether in money or other valu- nature of a bilateral option contract of the contract, and the Act does not able consideration, in return for the ob- and not obligate the Government to apply. Another type of contract which is ligations assumed under the contract. order any services or the contractor to outside the coverage of the Act because Thus, even though a contractor, such as furnish any, nevertheless governs any it is not for the principal purpose of a wrecker entering into a contract with procurement of services that may be furnishing services may be illustrated by the Government to raze a building on a made through purchase orders or calls a contract for the rental of parking space site which will remain vacant, may not issued under Its terms. Since the amount under which the Government agency is be entitled to receive any money from of the contract is indefinite, it is subject simply given a lease or license to use the the Government for such work under his to the rule stated in paragraph (a) of contractor's real property. Such a con- contract or may even agree to pay the this section. The amount of the contract tract is to be distinguished from con- Government in return for the right to is not determined by the amount of any the live storage of vehicles tracts for dispose of the salvaged materials, the individual call or purchase order. which are delivered into the possession contract will be deemed one in excess of or custody of the contractor, who will $2,500 if the value of the property ob- CHros Ir CoSSAcT COVzRAGE provide the required services including tained by the contractor, less anything § 4.143 Effects of changes or extensions the parking or retrieval of the vehicles. he might pay the Government, is in ex- of contract*, generally. (c) There are a number of types of cess of such amount. contracts which, while outside the Act's Sometimes an existing ervice contract coverage in the usual case, may be sub- (b) All bids from the same person on Is modified, amended, or extended in ject to its provisions under the condi- the same invitation for bids will consti- such a manner or at such a time that, if tions and circumstances of a particular tute a single offer, and the total award to originally entered into in Its changed procurement, because these may be such such person will determine the amount form at such time, the application of as to require a different view of the prin- involved for purposes of the Act Vhere provisons of the Act to It would be cipal purpose of the contract. Thus, the the procurement is made without formal dilferent at such time from the applica- ordinary contract for the recapping of advertising, in arriving at the aggre- tion of the Act'Vs provisions to the orig- tires would have as its principal purpose gate amount involved, there must be in- inal contract at the time It was entered the manufacture and furnishing of cluded all property and services which into. One example is a contract to which rebuilt tires for the Government rather would properly be grouped together in a the Act did not originally apply because than the furnishing of services through single transaction and which would be invitations for bids thereon were Issued the use of service employees, and thus included in a single advertisement for prior to January 20, 1966, which is sub- would be outside the Act's coverage. bids If the procurement were being ef- sequently extended by agreement of the Similarly, contracts calling for print- fected by formal advertising. However, Parties. Another example is a contract ing, reproduction, and duplicating ordi- where an invitation is for services in an which, when originally executed, was e- narily would appear to have as their amount in excess of $2,500 and bidders emPted from the provisions of section principal purpose the furnishing in are permitted to bid on a portion of the 2(a) of the Act and § 4.6 requiring specl- quantity of printed, reproduced, or services not amounting to more than fication In the contract of predetermined duplicated written materials rather $2,500, the amounts of the contracts monetary wage ratez and fringe benefits, than the furnishing of the reproduc- awarded separately to individual and un- because no wage determination had been tion services through the use of serv- related bidders will be measured by the made prior to the invitation for bIds; ice employees. However, in a partic- portions of the services covered by their and then, at a later time, contract ular case, the terms, conditions, and cir- respective contracts. amendments relative to the scope of the cumstances of the procurement would be (c) Where a contract Is Issued in an work are incorpmrated by agreement of such that the facts would show its pur- amount in excess of $2,500 this amount the parties after prevailing wage and pose to be chiefly the obtaining of will govern for purposes of application fringe benefit determinations have been services (e.g. repair services, typesetting, of the Act even though penalty deduc- made for classes of service employees in photostating, editing, etc.), and where tions, deductions for prompt payment, the locality which will be engaged in the such services would require the use of and -simia deductions may reduce the contract work. The general rule with

FEDERAL REGISTER, VOL 32, NO. 131-ATURDAY, JULY 8, 1967 ITO. 131-1t iI-2 10140 PROPOSED RULE MAKING respect to such contracts is, that when- same length or other stipulated period. such a contract or any subcontract there- ever changes are made by the parties in If a new appropriation is required to under. The Act, in section 8(b) defines the terms of the contract, the provisions finance such extension, the rule just the term "service employee". The general of the Act and the regulations there- stated will apply. In any event, however, scope of the definition is considered inI under will apply to the changed contract since the exercise of the option results § 4.113(b) of this subpart. in the same manner and to the same in the rendition of services for a new or § 4.152 Employees subject to prevailing extent as they would to a wholly new different period not included in the term compensation provisions of xection contract in the same terms if such a for which the contractor is obligated to 2(a) (1) and (2). contract were entered into at the time furnish services or for which the Govern- of the change. Under this rule, the con- ment is obligated to pay under the orig- Under section 2(a) (1) and (2) of the tract in the first example would become inal contract in the absence of such Act minimum monetary wages and subject to the Act and regulations when action to extend it, the contract for the fringe benefits to be paid or furnished the the changes were effected in it by the additional period, is, within the intend- various classes of service employees per- parties, although it was not originally ment of the Act, in the same position forming such contract work are deter- covered. Similarly, the specified mone- as a wholly new contract with respect to mined by the Secretary of Labor or his tary wages and fringe benefits would application of the Act's provisions and authorized representative In accordance have to be incorporated in the amended the regulations thereunder. with prevailing rates and fringe benefits for such employees in the locality and contract in the second example, although PERIOD or COVERAGE not required in the contract originally are required to be specified in such con- entered into. Whenever an existing serv- § 4.146 Contract obligations after award, tracts and subcontracts thereunder. All ice contract is changed by modification generally. service employees of the classes who ac- a degree as to tually perform the specific services called or amendment to such A contractor's obligation to observe for by the contract (e.g. janitors per- require agreement of both parties, the the provisions of the Act arises on the will be'deemed a con- forming on a contract for office clean- changed contract date he is informed that he has received ing; stenographers performing on a con- tract entered into by the contracting the award of the contract, not neces- agency at such time for purposes of the tract for stenographic reporting) are sarily the date of formal execution. How- covered by the provisions specifying Act. On like principle, such a contract ever, he is required to comply with the such minimum monetary wages and will be deemed entered into when the provisions of the Act and regulations fringe benefits for such classes of service term of an existing contract is extended thereunder only while his employees are employees. by mutual consent of the parties or pur- performing on the contract, provided his suant to an option clause therein so that records make clear the period of such § 4.153 Inapplicability of prevailing the contractor furnishes services over an performance. compensation provisions to sonc,eni. extended period of time, rather than be- ployecs. EMPLOYEES COVERED BY THE ACT ing granted extra time to fulfill his There may be employees, used by it original commitment. § 4.150 Employee coverage generally. contractor or subcontractor in perform- § 4.144 Contract modifications affecting The Act, in section 2 (b), makes it clear ing a service contract in excess of $2,500 amount. that its provisions apply generally to all which is subject to the Act, whose serv- ices, although necessary to the perform- Pursuant to the rule set forth in employees engaged in performing work on a covered contract entered into by the ance of the contract, are not subject to J 4.143, where a contract which was minimum monetary wage or fringe bene- originally issued in an amount not in contractor with the Federal Government, regardless of whether they are his em- fit provisions contained in the contract excess of $2,500 is later modified by pursuant to section 2(a). This may occur mutual consent so that its amount may ployees or those of any subcontractor under such contract. All employees who, either because such employees do not exceed that figure, all the provisions of come within the classes of service em- section 2(a) of the Act and the regula- on or after the date of award, are en- gaged in working on or in connection ployees, directly engaged in performing tions thereunder are applicable from the the specified contract services, which are date of modification to the date of con- with the contract, either in performing the specific services called for by its included in the Secretary's determina- tract completion. In the event of such tions of monetary wages and fringe modification the contracting officer will terms or in performing other duties nec- essary to the performance of the con- benefits and for which such compensa- immediately insert the required contract tion is specified in the contract (an clauses into the contract and notify the tract, are thus subject to the Act unless a specific exemption (see § § 4.115 et seq.) example might be a laundry contractor's Department of Labor of such action. In billing clerk performing billing work the event that a contract for services is applicable. All such employees must be paid wages at a rate not less than the with respect to the Items laundered ; or subject to the Act in excess of $2,500 is because the contract itself is exempted modified by mutual agreement so that minimum wage specified under section 6(a) (1) of the Fair Labor Standards Act from the predetermined wage and fringe it cannot exceed $2,500, compliance with benefit requirements of section 2(a) the provisions of section 2(a) of the Act (29 U.S.C. 206(a) (1)), as amended, un- less the special exception provided in sec- (under the provisions of § 45) as a con- and the contract clauses required there- tract calling for services of classes of under ceases to be an obligation of the tion 6(e) (2) of such Act for certain linen supply contract services is applicable (see service employees with respect to whom contractor when such modification be- there is no currently applicable wage or comes effective. § 4.160). Payment of a higher minimum monetary wage and the furnishing of fringe benefit determination for the lo- § 4.145 Extended term contracts. fringe benefits may be required under the cality. In all such situations the em- ployees, who are engaged in performing., Sometimes services contracts are en- contract, pursuant to the provisions of section 2(a) (1), (2), of the Act. work on the contract but for whom no tered into for a term of years; however, monetary minimum wage or fringe bene- their continuation in effect is subject to § 4.151 Employees covered by provi- 2 fits are specified by its provisions, nre the appropriation by Congress of funds sions of section (a). nevertheless subject to the minimum for each new fiscal year. In such event, The provisions of section 2(a) of the wage provision of section 2(b) (see for purposes of this Act, a contract shall Act prescribe labor standards require- § 4.150) requiring payment of not less be deemed entered into at the beginning ments applicable, except as otherwise than the minimum wage specified under of each new fiscal year during which Labor Stand- the terms of the original contract are specifically provided, to every contract section 6(a) (1) of the Fair is entered into on a made effective by an appropriation for in excess of $2,500 which ards Act to all employees working the purpose. In other cases a service con- by the United States or the District of covered contract, unless specifically tract, entered into for a specified term Columbia for the principal purpose of exempt. The same is true in situations by a Government agency, may contain a furnishing services in the United States where minimum monetary wages and provision such as an option clause under through the use of service employees. fringe benefits have not been specified which the agency may unilaterally ex- These provisions apply to all service em- in the contract for a particular class or tend the contract for a period of the ployees engaged in the performance of classes of service employees because the

FEDERAL REGISTER, VOL. 32, NO. 131-SATURDAY, JULY 8, 1967 PROPOSED RULE MAKING 10141 wage and fringe benefit determinations wage specified under section 6(a) (1) of "'sallpay to each of his employees whose applicable to the locality have been made the Fair Labor Standards Act. Section rate of pay I- not governed by the Service only for other classes of service employees 2(a) (1) provides that the minimum Contract Act of 1965", or to whom sec- who will perform the contract work, and monetary wage specified in any such tion 0(a) (1) of the Fair Labor Stand- not for these. However, although wages contract exceeding $2,500 shall in no case ards Act is not otherwise applicable, lower than the specified Fair Labor be lower than this Fair Labor Standards wages at rates not less than the rates Standards Act minimum may not be Act minimum wage. Section 2(b) (1) is a provided for in section 6(b) of such Act. paid to such employees in classes omitted statutory provision which applies to the The only exemptions permitted from this from those for which monetary wages or contractor or subcontractor without requirement are those provided in sec- fringe benefits were predetermined and regard to whether it is incorporated in tion 13(a) (1) of such Act for employees specified In the contract, the employer the contract; however, §§ 4.4-4.7 provide employed in a bona fide executive, ad- will be required to pay any higher mone- for inclusion of its requirements in minstrative, professional, or outside tary wages together with fringe benefits covered contracts and subcontracts. Be- sales capacity as defined and delimited which may be specified for them pur- cause the statutory requirement specifies in 29 CFR Part 541, and in section 13(f) suant to agreement of the interested no fixed monetary wage rate and refers of such Act for employees employed in parties as provided in § 4.6(b) (1). only to the minimum wage specified workplaces in territory not described in § 4.154 Employees covered by sections under section 6(a) (1) of the Fair Labor that subsection. The minimum wage 2 (a) (3) and (4). Standards Act, and because its applica- rates under section 6(b) of such Act, to tion does not depend on provisions of the which section 6(e) refers, are: $1 an The safety and health standards of contract, any increase in such Fair Labor hour, belinning February 1, 1967; $1.15 section 2(a) (3) (see § 4.186) and the Standards Act minimum wage during the an hour, beginning February 1, 1963; notice requirements of section 2(a) (4) of life of the contract Is, on its effective $1.30 an hour, beginning February 1, the Act (see § 4.183) are applicable, in date, also effective to increase the mini- 1969; $1.45 an hour, beginning February the absence of a specific exemption, to mum wage payable under section 2(b) 1. 1970; and $1.60 an hour on and after every service employee engaged by a con- (1) to employees engaged In performing February 1, 1971. tractor or subcontractor to furnish serv- work on the contract. The minimum (c) Section 6(e) (2) of the FairLabor ices under a contract subject to section wage under section 6(a) (1) of the Fair Standards Act. (1) Section 6(e) (2) of 2(a) ofthe Act. Labor Standards Act was increased from the Fair Labor Standards Act which is § 4.155 Employee coverage does not de- $1.25 to $1.40 an hour effective February effective as to contracts entered into on pend on form of employment con- 1, 1967; such minimum wage effective or after February 1, 1967, is limited in tract. February 1, 1968, is $1.60 an hour. As Its application to "every employer In an explained in § 4.160(c), in certain estab- stablishment providing linen supply The Act, in section 8(b), makes it plain lishments providing linen supply services services to the United States under a that the coverage of service employees under Government contracts entered in- contract with the United States or any depends on whether their work for the to on or after February 1. 1967, section subcontract thereunder." It provides that contractor or subcontractor on a covered 6(e) (2) of the Fair Labor Standards Act every such employer "shall pay to each contract is that of a service employee as has the effect of modifying the require- of his employees in such establishment defined in section 8(b) and not on any ment of section 2(b) of the Service Con- wages at rates not lezs than thoze pre- contractual relationship that may be tract Act, as discussed above. scribed In" section 6Gb) of such Act, "ex- alleged to exist between the contractor or cept that if more than 50 per centum of subcontractor and such persons. §4.160 Effect of section 6(c) of the Fair Labor StandardsAct. the grozs annual dollar volume of sales § 4.156 Employees in bona fide execu- made or businezz done by such establish- tive, administrative, or professional (a) General. Contractors and subcon- ment is derived from providing such capacity. tractors performing work on contracts linen supply services under any such con- As stated in' § 4.113(b), the service subject to the Service Contract Act are, tracts or subcontracts, such employer in general, required not only to comply. shall pay to each of his employees in such employees covered by the Act are not in paying wages for such work, with the deemed to include -employees employed establishment wages at rates not less in a bona fide executive, administrative, general minimum wage standard pro- than thoZe prescribed in" section 6(a) (1) or professional capacity as defined in 29 vided in section 6 (a) (1) of the Fair Labor of the Fair Labor Standards Act. CFR Part 541. This has been found to Standards Act as explained In § 4.159, (2) Where this latter exception is ap- above, but also to pay those of their em- plicable, the effect of section 6(e) (2) is be a reasonable limitation on coverage ployees who are not performing work on which is necessary and proper in the to require all employees in an eztablish- or in connection with such contracts in ment providing linen supply services public interest (Act, sec. 4(b)). Em- accordance with the compensation ployees within the definition of service re- under Government contract and not ju t quirements of section 6(e) of the Fair those performing work on such contracts, employee who are employed in a profes- Labor Standards Act, which applies to sional, administrative, or supervisory to be paid not lezs than the Fair Labor every employer providing any contract Standards Act section 6(a) (1) rate of capacity are not excluded from coverage, services under a contract entered into on however, even though they are highly wages which, as explained In 4.159, is paid, if they fail to meet the tests set or after February 1, 1967 (H. Rept. No. the general minimum wage floor for con- 2004, 89th Cong., 2d sess., p. 20) with the tract work under section 2(b) of the forth in 29 CER Part 541. Thus, such United States, or any subcontract there- employees as laboratory technicians, Service Contract Act. under. In the case of employer providing (3) However, where 50 percent or lezs draftsmen, and air ambulance pilots, linen supply services to the United States though they require a high level of skill of an establishment's gross annual doll=" to perform their duties and may meet the under such contracts, section 6(e) of volume of sales made or business done is salary requirements of the regulations in such Act also has the effect of modifying derived from linen supply servicas under Part 541 of this title, are ordinarily the general minimum wage requirement Government contract, the effect of sec- covered by the Act's provisions because discussed In § 4.159 for their employees tion 6(e) (2) is to modify the general engaged in work on such contracts In minimum wage requirement of section they do not, typically meet the other re- certain establishments providing such quiremehts of those regulations. 2(b) (1) of the Service Contract Act so as linen supply services. (See par. (c) of to permit the payment to employees en- COMPENSATION STANDARDS this section.) gaged in performing such contracts of § 4.159 General minimum wage. (b) Section 6(e) (1) of the FairLabor wagcs at a rate not less than the rate Standards Act. Section 6(e) (1) of the applicable under section 6(b) of the Fair The Act, in section 2(b) (1), provides Fair Labor Standards Act applies to Labor Standards Act, in lieu of the rate generally that no contractor or subcon- "every employer providing any contract applicable under section 6(a) (1) of such tractor under any Federal contract sub- services (other than linen supply serv- Act. (For the minimum rates provided ject to the Act shall pay any of his em- ices) under a contract with the United under section 6(b), see par. (b) of this ployees engaged in performing work on States or any subcontract thereunder." section.) If higher minimum wage rates such a contract less than the minimum It provides that every such employer or fringe benefits are determined and

FEDERAL REGISTER, VOL 32, NO. 131-SATURDAY, JULY 0, 1967 10142 PROPOSED RULE MAKING specified in the contract under the pro- ices which involve supplying the Govern- the Fair Labor Standards Act minimum visions of section 2(a) of the Service ment with cleaned and laundered items wage or by contract changes necessitat- Contract Act for such contract workers, of types not normally provided by linen ing the insertion of new wage provisions the contractor or subcontractor must supply services, such as work uniforms (see §§ 4.143-4.145), the minimum mone- provide such compensation to the em- worn by mechanics and production work- tary wage rate specified in the contract ployees to whom such wage rates or ers in heavy industry, machine shops, for each of the classes of service em- fringe benefits apply, notwithstanding garages, service stations, and the like, ployees for which wage determinations the provisions of section 6(e) (2) of the where the garments are likely to be have been made under section 2(a) (1) Fair Labor Standards Act. Section heavily soiled or greasy by the nature of will continue to apply throughout the 6(e) (2) of such Act provides an alterna- their use. Other examples of contracts period of contract performance. No tive rate only in lieu of the minimum which are not for linen supply services change in the obligation of the contrac- wage floor prescribed in section 2(b) (1) within the meaning of the provision are tor or subcontractor with respect to of the Service Contract Act, and does not those for diaper service and those pro- minimum monetary wages will result supersede the provisions of section 2(a). viding services for industrial wiping from the mere fact that higher or lower With respect to employees in any estab- towels, safety equipment salvage, dust wage rates may be determined to be pre- lishment providing linen supply services control-including treated dust tool vailing for such employees In the locality under Government contract and not de- covers and cloths, treated dust mops and after the award and before completion riving more than 50 percent of its gross treated mats or rugs-and other indus- of the contract. Such wage determina- annual dollar volume from such contract trial laundering services. tions are effective for contracts not yet services, section 6(e) (2) does, however, (2) In order for a contract to qualify awarded, as provided In I 4.5(b). require that a minimum wage not less as a linen supply contract, the linen sup- § 4.162 Fringe benefits under contract%, than that prescribed in section 6(b) of ply items furnished to the Government exceeding $2,500. the Fair Labor Standards Act be paid to must be furnished on a rental basis by each employee, whether or not subject the contractor. If the contractor Is not (a) Section 2(a) (2) of the Act requires to the provisions of the Service Contract furnishing the linen supply items to the that every covered contract In excess of Act, who is employed in such establish- Government on a rental basis, he would $2,500 shall contain "a provision specify- ment and for whom no higher monetary not be considered as furnishing linen ing the fringe benefits to be furnished the wage rate is prescribed under the provi- supply services but merely to be furnish- various classes of service employees, en- sions of section 2(a) (1) of the Service ing a laundering service to the Govern- gaged in the performance of the contract Contract Act. ment. As such, he would be subject to or any subcontract thereunder, as deter- (4) Like section 6(e) (1), section 6(e) the provisions of section 6(e) (1) of the mined by the Secretary or his authorized (2) of the Fair Labor Standards Act Fair Labor Standards Act rather than representative to be prevailing for such limits the exemptions from its provisions section 6(e) (2). employees in the locality. Such fringe benefits shall include medical or hospital under such Act to the executive, ad- § 4.161 Minimum monetary wages under care, pensions on retirement or death, ministrative, professional, outside sales, contracts exceeding $2,500. and geographic exemptions mentioned in compensation for injuries or Illness re- paragraph (b) of this section. The standards established pursuant to sulting from occupational activity, or the Act for minimum monetary wages to insurance to provide any of the fore- (d) "Linen supply services" under be paid by contractors and subcontrac- going, unemployment benefits, life insur- section 6 (e). (1) As noted in paragraphs tors under service contracts in excess of ance, disability and sickness insurance, (b) and (c) of this section, the provisions $2,500 to service employees engaged in accident insurance, vacation and holiday of section 6(e) (1) of the Fair Labor performance of the contract or subcon- pay, costs of apprenticeship or other sim- Standards Act apply to Government con- tracts are required to be specified in the programs and other bona fide frn-e tractors and subcontractors providing ilar contract and in all subcontracts (see contract services "other than linen sup- benefits not otherwise required by Fed- § 4.6). Section 2(a) (1) requires that eral, State, or local law to be providcd by ply services", whereas the provisions of every such contract (and any bid specifi- contractor or subcontractor." section 6(e) (2) are applicable only to the cation therefor) which is subject to the (b) Under this provision, the frlnge employers in establishments "providing Act shall contain a "provision specify- linen supply services to the United benefits, if any, which the contractor or ing the minimum monetary wages to be States under a contract with the United subcontractor s required to furnish ht, paid the various classes of service em- service employees engaged In the per- States or any subcontract thereunder." ployees in the performance of the con- Section 6(e) (2) thus does not apply in formance of the contract are specified tract or any subcontract thereunder, as establishments providing only laundry in the contract documents (see 4,6). determined by the Secretary or his au- How he may satisfy this obligation Is or cleaning, and not linen supply, serv- thorized representative, in accordance ices under Government contracts or sub- dealt with in §§ 4.170-4.171 and In Sub- contracts, as in the case of contracts for with prevailing rates for such employees part B of this part. A change in the frine family laundering, or commercial laun- in the locality, which in no case shall be benefits required by the contract pro- lower than" the minimum wage specified dering and dry cleaning. Also the legis- vision will not result from the mere fact under section 6(a) (1) of the Fair Labor lative history makes it clear that the ex- that other or additional fringe beilelt.- ception for linen supply services is to be Standards Act of 1938, as amended. If are determined to be prevaillng for such some or all of the determined wages in a "construed narrowly so a- not to place employees in the locality at a time subs - other laundering and cleaning establish- contract fall below the level of the Fair quent to the award but before eompl(,tyn ments at a competitive disadvantage in Labor Standards Act minimum by reason of the contract. Such fringe benefit de- bidding for U... contracts." (Daily Con- of a change in that rate by amendment terminations are effective for coittraetb gressional Re c o r d, Sept. 7, 1966, of the law, these rates become obsolete not yet awarded (see § 4.5(b) ),or In the p. 21032.) The stated intent is to include and the employer Is obligated under sec- event that changes in an exIstlng cnn. "standard linen supply services, such as tion 2(b) (1) of the Service Contract Act, tract requiring their Insertion for pins- for sheets, pillowcases, tablecloths, and to pay the new minimum wage rate spective application have occurred ow e so on." Other items recognized as stand- established by the amendment as of the H§ 4.143-4.145). date it becomes effective. A change In the ard linen supply items are dresses, uni- and forms, bibs, aprons, and other wearing Fair Labor Standards Act minimum by § 4.163 Locality batis of wage fringe apparel of the type used by barbers, operation of law would also have the benefit determinationq. doctors, waitresses, waiters, nurses, food same effect on advertised specifications Under section 2(a) of the Act, the Sco workers, beauticians, retail sales person- or negotiations for covered service con- retary or his authorized represitativc, i nel, etc. It is made plain by the legislative tracts, i.e., it would make ineffective and given the authority to determine wht history of the provision, however, that would supplant any lower rate or rates minimum monetary wages and frhg it is not intended to include, in the included in such specifications or nego- benefits are prevailing for varlous ch',es "linen supply services" to which sec- tiations whether or not determined. How- of service employees "in the locality." tion 6(e) (2) refers, any contract serv- ever, unless affected by such a change in The term "locality" has reference to ;eo-

FEDERAL REGISTER, VOL. 32, NO. 131-SATURDAY, JULY 8, 1967 PROPOSED RULE MAKING 10143 graphic space. However, it has an elastic mintstrator may make a determination of () The prevailing rate established by and variable meaning and, if the statu- minimum monetary wages and fringe a wage determination under the Act Is tory purposes are to be achieved, must be benefits for the classes of service em- a minimum rate. A contractor is not pre- viewed in the light of the existing wage ployees who will perform on the contract cluded from paying wage rates in excess structures which are pertinent to the em- or may revise a determination which Is of those determined to be prevailing in ployment by potential contractors of par- currently in effect. the particular locality. I Ior does the Act ticular classes of service employees on (c) Informing contractors of appli- affect or require the changing of any the kinds of service contracts which must cable determinations. Contractors and provisions of union contracts specifying be considered, which are extremely subcontractors on contracts subject to higher monetary wages or fringe bene- varied. It is, accordingly, not possible to the Act are apprised of the Secretary's fits than thoze contained in an applicable devise any precise single formula which determinations applicable at the time determination. However, if a determina- would define the exact geographic limits of the award by specification in the con- tion for a class of service employees ,of a "locality" that would be-relevant or tract of the determined wage rates and contains a wage or fringe benefit appropriate for the determination of pre- fringe benefits. (See § 4.6tb) (1).) A de- provision which is higher than that vailing wage rates and prevailing fringe termination of prevailing wages or speclied in an existing union agreement, benefits in all situations under the Act. fringe benefits made after the date of the determination's provision will prevail The locality within which a wage or the contract award for classes of for any work performed on a contract fringe benefit determination is applicable employees that will be used in perform- subject to the determination. is, therefore, defined in each such detyr- ing the contract does not apply to the § 4.166 Wage payments---unit of pay- mination upon the basis of all the facts performance of the previously awarded ment. and circumstances pertaining to that de- contract. Prospective contractors are termination. Each such determination advised, in the invitations for bids or The standard by which monetary applies only to contracts for the locality negotiation papers Issued 6jy the con- wage payments are measured under the which it includes. tracting agency, of the minimum Act is the wage rate per hour. An hourly monetary wages and fringe benefits wage rate is not, however, the only unit § 4.164 Making the determinations and for payment of wages that may be used informing contractors. required under the most recent applicable determinations of the Secre- for employees subject to the Act. Em- (a) Information considered.The mini- tary for service employees who will ployees may be paid on a daily, weekly, mum monetary wages and the fringe ben- perform the contract wor',. These or other time baa, or by piece or task efits set forth in determinations of the requirements are, of course, the same rates, -a long as the measure of work Secretary are based on information as to for all bidders and none will be placed and compenscation used, when trans- wage rates and fringe benefits in effect at a competitive disadvantage. lated or reduced by computation to an at the time the determination was made. hourly basis, will provide a rate per hour The Department considers all pertinent CoPLIAIIC VITH CoPEisATIO1i that will fulfill the statutory require- information regarding prevailing wage STAMn, s ment. Whatever system of payment is rates and fringe benefits in the locality § 4.165 Wage payments and fringe bene- used, however, mus ensure that each for the classes of service employees for fits-in general hour of work in performance of the which determinations are made. contract is compensated at not less than Such information may be derived from (a) (1) Monetary wages specified un- the required minimum rate. Failure to area surveys made by the Bureau of der the Act shall be paid to the employee pay for certain hours at the required Labor Statistics or other Department to whom they are due, promptly follow- rate cannot be transformed into com- personnel, from Government contracting ing the end of the pay period in which pliance with the Act by reallocating par- officers, and from other availablesources they are earned. No deduction, rebate, tions of payment- made for other hours including employees and their repre- or refund is permitted, except as which are in excess of the specified mini- sentatives and employers and their asso- hereinafter stated. The same rules apply mum. ciations. The determinations may be to cash payments authorized to be paid with the statutory monetary wages as &4.167 Wage payments-medium of based on the wage rates and fringe bene- payment. fits contained in union agreements where equivalents of determined fringe benefits such have been determined to prevail in (see Subpart B of this part). The wage payment requlrements under a locality for a specified occupational (2) The Act makes no distinction, with the Act for monetary wages smecified group. respect to its compensation provisions, under its provisions will ba satfied by (b) Provision for considerationof cur- between temporary, part-time, and full- the timely payment, finally and un- rently prevailing wage rates and fringe time employees, and the wage and conditionally or "free and clear", of such beneftits. (1) Determinations will be re- fringe benefit determinations apply, in wages to the employee either in cash or viewed periodically and where prevailing the absence of an expres, limitation, negotiable instrument payable at par. wage rates or fringe benefits have equally to all such service employees Scrip, tokens, credit cards, "dolae changed, such changes will be reflected in engaged in work subject to the Act's checkm", coupons, and similar devices new determinations. In a locality where provisions. which permit the employer to retain and it is determined that the wage rate which (b) The Act does not prescrlbe the prevent the employee from acquirin-g prevails for a particular class of service length of the pay period. However, for control of money due for the work until employees is the rate specified in a col- purposes of administration of the Act, some time after the pay day for the lective bargaining agreement or agree- and to conform with practices required period n which it wv'- earned, are not ments applicable in that locality, and under other statutes that may be proper mediums of payment under the such agreement or agreements specify in- applicable to the employment, wages and Act. If. as Is pemilsible, they are uszd as creases in such rates to be effective on hours worked must be calculated on the a convenient device for mesuring earn- specific dates, the prior determinations basis of a fixed and regularly recurring ings or allowable deductions during a would be modified to reflect such changes workweek of seven consecutive 24-hour -single pay period, the employee cannot when they become effective, and the re- workday periods, and the records must be charged with the loss or destruction vised determinations would apply to con- be kept on this basis. It is appropriate to of any of them and the employer may tracts entered into after the modifica- use this workweek for the pay period. not, bcau:e the employee has not actu- tion. A biweekly, semimonthly, or monthly ally redsemed them, credit hirs3f with (2) The regulations, in § 4.4, provide pay period may, however, be uzed if any which remain outstanding on the for the filing with the Administrator by agreed upon by the employer and his pay day, in determining whether he ha- the awarding agency, prior to any invi- employees. A pay period longer than 1 met the requirements of the Act. The tation for bids or the commencement of month is not recoanized as appropriate negotiations for contracts exceeding for service employees and wage pay- employer may not include the cost of $2,500, of a notice of intention to make ments at greater intervals will not be fringe benefits or equivalents furnished a service contract which is subject to the considered as constituting proper pay- as required under section 2(a) (2) of the Act. Upon receipt of the notice the Ad- ments in compliance with the Act. Act, as a credit toward the monetary

FEDERAL REGISTER, VOL 32, NO. 131-SATURDAY, JULY 0, 1967 PROPOSED RULE MAKING wages he Is required to pay under sectio 2(a) (1) or 2(b) I thorized or are contrary to law or fronI pension, retirement, or health of the Act (see § 4.51) . which insurance However, the the employer or any affiliate de,- benefits, which may be required by an ap- employer may include, as rives any profit a part of the applicable minimum or benefit directly o:r plicable determination, by irrevocably wagie indirectly, may not be made If they cu which he is required to pay under thi L paying the required contributions for - into the wage required to Act, the reasonable cost or fair , be paid unde:r fringe benefits to a trustee or third per- value the Act. The principles applied in deter.- son pursuant as determined by the Administrator, o: to an existing bona fide furnishing an employee E mining the permissibility of deduction s fund, plan, or program. Where such a with "board , for payments made to third lodging, or other facilities" as defined it persons ar plan or fund does not exist, a contractor Part 531 of this title, 1 explained in more detail in §§ 531.38-- must discharge his obligation relating to in situations whern 531.40 of this title. such facilities are customarily furnishec fringe benefits by furnishing either an to employees and the employees' accept- § 4.169 Wage payments-work subjec equivalent combination of bona fide ance of them is voluntary and uncoerced to different rates. fringe benefits or by making equivalent The determination payments in cash to the employee, as of reasonable cost oi If an employee during a workweek fair value will be in accordance with the authorized by the regulations In Subpart Administrator's works in different capacities in the per- B of this part. regulations under the formance of the When a contractor or Fair Labor Standards contract and two oi subcontractor substitutes fringe benefits Act, contained i. more rates of compensation under sec- such Part 531 of this title. While - not specified in the contract for fringe employ-. tion 2 of the Act are applicable to the benefits ment on contracts subject to the Ac classes of which are so specified, the sub- would work which he performs, he stituted fringe not ordinarily involve situationi must be paid benefits, like those for in which the highest of such rate. which the contract provisions are service employees would for all hours worked in the workweek pre- receive tips from third persons, the treat-. unless scribed, must be "bona fide fringe bene- ment it appears from the employer's fits." No benefit of tips for wage purposes in the records or other affirmative required by Federal, situations where this proof which* State, or local law Is a "bona fide" fringe may ocour should of such hours were included in the be understood. If pursuant to an employ- benefit for purposes of the Act. No con- periods spent in each class of work. The tribution ment agreement tips received by an em- rule is the toward fringe benefits made by ployee same where such an employee the employees themselves, must be accounted for or turned is employed for or fringe ben- over to the a portion of the work- efits provided from monies withheld employer, such sums may week in work not subject to the Act, for from after receipt by the employer be the employees' wages, or benefits statu- used which compensation at a lower rate torily like other funds of the employer in pay- would be proper required of the contractor or sub- ment if the employer by his contractor (such of the wages required under the records or other affirmative as unemployment com- Act. In other words, proof, pensation, workmen's compensation, where there is such segregated the worktime thus spent. or an agreement, so that the tips social security) may be included in sat- received § by an employee are accounted for or 4.170 Furnishing fringe benefits or isfying any fringe benefit requirement turned over by the employee to equivalents. under the Act. Also, the furnishing of fa- the em- cilities ployer as the latter's property, they be- (a) General. Fringe benefits specified which are primarily for the come a source of funds which may under the Act shall benefit or convenience of the employer be be furnished, in ad- or the released or returned to the employee in dition to the specified monetary wages, cost of which Is properly a business payment of the employer's wage by the contractor expense of the employer Is not the fur- obliga- or subcontractor to nishing tions. However, in the absence of an employees engaged in performance of of a "bona fide fringe benefit." agreement the This would be that the tips belong to the contract, as provided In the determina- true of such Items, for employer, they are the employee's prop- tion of the Secretary or his authorized example, as tools and other materials and erty and may not be credited toward the representative and prescribed in services incidental to the employer's per- employer's the con- formance minimum wage obligations tract documents, or, in the event that this of the contract and the carry. under the Act. is not possible or practicable, the ing on of his business, and the cost of obliga- uniforms and § 4.168 Wage payments-deductions tion to furnish such benefits "may be of their laundering where the nature of the work he from wages paid. discharged by furnishing any equivalent has contracted combinations of fringe benefits to perform requires the employee to wear The wage requirements or by a uniform. of the Act will making equivalent or differential pay- not be met where unauthorized deduc- ments in cash under tions, rebates, rules and regula- § 4.171 Meeting requiremen-4 for par. or refunds reduce the tions established by the Secretary." (Act, ticular fringe benefiq. wage payment made to the employee section 2(a) (2).) The governing below the minimum rules (a) Determinations specifying amounts required and regulations for furnishing such under the provisions of the Act and the equivalents amount of fringe benefit. Where a fringe regulations are set forth in Subpart B of benefit thereunder, or where the em- this part. The various determination specifies the ployee fails to receive fringe benefits amount of the employer's such amounts listed in the Act are illustrative of those contribution free and clear because he "kicks back" which to provide the benefit, the amount spec- may be found to be prevailing for ified directly or indirectly to the employer or service employees in a Is the actual amount that must be to another particular locality. provided by the person for the employer's The benefits which an employer will ac- employer for the em- benefit the whole or part of the tually ployee. Thus, if prevailing fringe benefits wage be required to furnish employees for insurance delivered to him. Authorized deductions performing on a specific or retirement are deter- are limited contract will mined in a stated to those required by law, such be specified in the contract documents. amount, and the em- as taxes payable by employees required When an employer ployer provides such benefits through has not made any contributions to be withheld by the employer and provisions for fringe benefits, In a lesser amount, he will amounts he cannot be required to due employees which the em- offset an amount of monetary wages paid furnish the employee ployer is required by court order to pay In excess of with the difference between the amount the wages required under stated in to another; deductions allowable for the the determination, in order to satisfy his the determination and the reasonable cost or fair value of board, fringe benefit obligations under actual cost of the benefits which he pro- lodging, the Act. vides. Unless otherwise and facilities furnished as set Also, the furnishing to the employee of specified In the forth In §4.167; and deductions Items the cost particular wage determination, every em- of or value of which Is ployee performing amounts which are authorized to be paid creditable toward the monetary wages on a covered contract to third persons specified must be furnished the fringe benefits for the employee's ac- under the Act, such as board, quired re- count and benefit pursuant to his volun- lodging, and other facilities by that determination for all in the situa- hours spent working tary assignment or order or a collective tions described in § 4.167, may not be on that contract. bargaining agreement with used Where a fringe benefit determination has bona fide to offset any fringe benefits specified been made representatives of employees which s ap- in the contract. requiring employer contribu- plicable to the employer. tions for a specified fringe Deductions for (b) Meeting the requirements,in gen- benefit in a amounts paid to third stated amount per hour, a contractor persons on the eral. A contractor may dispose of certain employee's account which are not so au- employing his regular employees part of of his fringe benefit obligations, such as the time on contract work and part of the

FEDERAL REGISTER, VOL. 32, NO. 131-SATURDAY, JULY 8, 1967 PROPOSED RULE MAKING 10145

time on other work may credit against nation Is Issued must be counted in deter- employees worling in the establishment the hourly amount required for the hours mining an employee's length of service. or department where such covered work spent on the contract work the propor- (3) Where, however, a fringe benefit Is performed shall be presumed to have tionate part of a weekly, monthly, or determination requirea 1 week's paid worked on or in connection with the con- other amount contributed by him for vacation per year after 1 year's service tract during the period of Its perform- such fringe benefits or equivalent bene- with an employer, no employee, tempo- nce, unles3 affirmative proof establish- fits for such employees. If, for example, rary or permanent, with les than 1 Ing the contrary Is presented. Similarly, the determination requires health and year's service with the contractor, in the absence of such records, an em- welfare benefits in the amount of 10 cents whether or not he was workIng on the ployee performing any work on or in an hour and the employer provides hos- contract, would qualify for this benefit. connection with the contract in a work- pitalization insurance for such employees we& shall be presumed to have continued 'at a cost of $3.50 a week, the employer § 4.172 Computation of hours worked. to perform such work throughout the may credit 8.75 cents an hour toward Since employees subject to the Act are work'week, unles affirmatve proof ez- his fringe benefit obligation to an em- entitled to the minimum compensation tablishing the contrary is presented. ployee who, in a particular workweek, specified under Its provisions for each works 35 hours on the contract work and hour worked in performance of a cov- OvMn',T= PAY oF Covrnnn ERzPLoYs- 5 hours on other work. He cannot, how- ered contract, a computation of their §4.180 Overtime pay-in general. ever, allocate the entire $3.50 to the 35 hours worked in each workweek when hours spent oni The Act does not provide for compen- contract work and take such work under the contract is per- sation of covered employees at premium credit for 10 cents per hour in that formed is e-sential. Determinations of rates for overtime hours of work_ Sec- manner. hours worked will be made in accordance tion 6 recognizes however, that other (b) Determinations not specifying with the principles applied under the Federal laws may require such compen- monetary amount of fringe benefit.. (1) Fair Labor Standards Act as set forth In sation to be paid to employees working Where a fringe benefit determination Part 785 of this title. In general, the on or in connection with contracts sub- provides for a stated number of paid hours worked by an employee nclude all Ject to the Act (see § 4.181) and pre- holidays per year, and the contractor periods in which he is suffered or per- scribes, for purposes of such laws, the does not give the applicable time off for mitted to work whether or not he Is re- manner in which fringe benefits fur- holidays occurring during the period of quired to do so, and all time during nished pursuant to the Act shall be contract performance to temporary or which he s required to be on duty or to treated in computing such overtime com- casual employees, he would be required be on the employer's premises or to be at pensation, as follows: "In determining to pay such employees an equivalent a prescribed workplace. The hours any overtime pay to which such service amount in cash or in the form of other worked which are subject to the com- employees are entitled under any Fed- fringe benefits proportionate to their pensation provisions of the Act are those eral law, the regular or b"zc hourly rate period of employment. The amount of in which the employee is engaged in per- of such an employee shall not include such additional payment could be re- forming work on contracts subject to the any fringe benefit payments computed duced to an hourly basis through the Act; however, unless such hours are ade- hereunder which are excluded from the application of an equitable formula, as quately segregated, as indicated in regular rate under the Fair Labor Stand- provided in § 4.53 (e). § 4.173, compensation in accordance with ards Act by provisions of section 7(e) (2) Some questions have been raised the Act will be required for all hL hours thereof." Fringe benefit payments which about the application of provisions ap- of work in any workweek in which he quallfy for such exclusion are dezeribed pearing in some fringe benefit determi- performs any work in connection with In Part 778, Subpart C of this title. The nations which call for "1 week paid the contract, because it will be presumed interpretations there set forth will be vacation after 1 year of service with a in the absence of affirmative proof to the applied in determining the overtime pay contractor or successor." To determine contrary that such work continued to which covered service employees are when an employee meets the "after 1 year throughout the workweek. entitled under other Federal statutes. of service" test, an employer must take § 4.173 Identification of contract uorli. The effect of section 6 of the Act in situ- two factors into consideration: (I) the ations where equivalent fringe benefits total length of time an employee has been Contractors and subcontractors under or cash payments are provided in lieu of in the employer's service, including both contracts subject to the Act are required the specified fringe benefits (.ee § 4170) the time he has been performing on reg- to comply with Its compensation require- is stated in § 4.55 of Subpart B of this ular commercial work and the time he ments throughout the period of perform- part, and illustrated in § 4.182. has been performing on the Government ance on the contract and to do so with contract itself, and (ii) the total length respect to all employees who in any § 4.181 Overtime pay provisions of other of time an employee has been employed workweek are engaged in performing Act&s. either by the present contractor or pred- work on such contracts. If such a con- (a) Fair Labor Standards Act. Al- ecessor contractors in the performance tractor during any workweek is not er- though provision has not been made for of similar work on the same base. If an clusively engaged In performing such insertion in Government contracts of employee has a year of service under contracts, or If while so engaged he has stipulations requiring compliance with either the first or second consideration, employees who spend a portion but not the Fair Labor Standards Act, contrac- he is eligible for 1 week's vacation with all of their worktime in the workwee tors and subcontractors performing con- pay. For example, if a contractor has an in performing work on such contracts, it tracts subject to the l,6I amara-O'Hara employee who has worked for him for is necessary for him to Identify Accu- Service Contract Act may be required to 2 years on regular commercial work and rately in his records, or by other means., compensate their employees working on only for 6 months on a Government those periods in each such'workweek or in connection with such contracts for service contract, that employee would be when he and each such employee per- overtime work pursuant to the overtime eligible for the vacation since his total formed work on such contracts. In cazes pay standards of the Fair Labor Stand- service with the employer adds up to where contractors are not exclusively en- ards Act. This s true with respect to more than I year. Similarly, if a con- gaged in Government contract work, and employees engaged in interstate or for- tractor has an employee who worked for there are adequate records segregating eign commerce or in the production of 2 years under a janitorial service contract the periods in which work was performed goods for such commerce (including oc- on a particular base for two different on contracts subject to the Act from pe- cupatlons and procezes closely related predecessor contractors, and only 8 riods in which other work was performed, and directly ezsential to such prodiuc- months with the present employer, that the compensation specified under the Act tion) and employees employed in en- employee would also be considered as need not be paid for hours spent on non- terprises which are so engaged, subject meeting the "after 1 year of service" test contract work. However, in the absence to the definitions and exceptions pro- and would thus be eligible for the speci- of records adequately c.gre.-ating non- ided in such Act. Such employees, ex- fied vacation. Work performed before, as covered work from the work performed cept as otherwise specifically provided well as after, a pertinent wage determi- on or in connection with the contract, all in such Act, must receive overtime corn-

FEDERAL REGISTER, VOL. 32, NO. 131-SATURDAY, JULY 0, 1967 10146 PROPOSED RULE MAKING pensation at a rate of not less than 1h wholly or only partly on such work) Fair Labor Standards Act) are specified in times their regular rate of pay for all exceed 40 hours in the workweek or 8 accordance with a determination that thee hours worked n excess of the applicable are the monetary wages and fringe benefits hours in any day therein. In any such prevailing for such employee in the locality. standard In a workweek. See Part 778 workweek the Walsh-Healey Act re- The contractor Is required to continue to pay of this title. However, the Fair Labor quires payment of overtime compensa- at least $3 an hour in monetary wages and at Standards Act provides no overtime pay tion at a rate not less than 1 times the least this amount must be included in the requirements for employees, not within employee's basic rate for such weekly employee's regular or basic rate for overtime such interstate commerce coverage of or daily overtime hours, whichever are purposes under applicable Federal law. HIs the Act, who are subject to its minimum greater in number. The overtime pay fringe benefit obligation under the contract would be discharged if 50 cents of the coin- wage provisions only by virtue of the provisions of the Wash-Healey Act are tributions for fringe benefits were for the provisions of section 6(e), as explained discussed in greater detail in the Rulings fringe benefits specified in the contract or in J 4.160. and Interpretations issued under such equivalent benefits as defined In Subpart B (b) Contract Work Hours Standards Act, copies of which are available from of this part. He may exclude such fringe Act. (1) The Contract Work Hours any office of the Wage and Hour and benefit contributions from the regular or Standards Act (40 U.S.C. 327-332) ap- Public Contracts Divisions, U.S. Depart- basic rate of pay of the service employee in plies generally to Government contracts, ment of Labor. computing overtime pay due. Exclusion of the reminder of the fringe benefit contributions including service contracts in excess of § 4.182 Overtime pay of service employ- from the regular rate under the Fair Labor $2,500, which may require or involve ees entitled to fringe benefits. Standards Act would depend on whether they the employment of laborers and me- are contributions excludable under section chanics. Guards, watchmen, and many Reference is made in § 4.180 to the '7(e) of that Act. other classes of service employees are rules prescribed by section 6 of the Act laborers or mechanics within the mean- and Subpart B of this part which permit NOTICE TO EMPLOYES ing of such Act. However, employees exclusion of certain fringe benefits and § 4.183 Employees must be notified of rendering only professional services, equivalents provided pursuant to sec- compensation required. tion 2(a) (2) of the Act from the regu- seamen, and as a general rule those The Act, in section 2(a) (4), and the whose work is only clerical or super- lar or basic rate of pay when computing overtime compensation of a service em- regulations thereunder in I 4.6(b) (4), visory or nonmanual in nature, are not require all contracts subject to the Act deemed laborers or mechanics for pur- ployee under the provisions of any other Federal law. As provided in §4.55 of Sub- which are in excess of $2,500 to contain poses of the Act. The wages of every a clause requiring the contractor or sub- laborer or mechanic for his performance part B, not only those fringe benefits excludable under section 6 as benefits contractor to notify each employee com- of work on such contracts must include mencing work on a contract to which the compensation at a rate not less than determined and specified under section 2(a) (2), but also equivalent fringe bene- Act applies of the compensation required 1V times his basic rate of pay for all to be paid such employee under section hours worked in any workweek in excess fits and cash payments authorized under Subpart B to be furnished in lieu of the 2(a) (1) and the fringe benefits required of 40 or in excess of eight on any calen- to be furnished under section 2(a) (2). A dar days therein, whichever Is the specified benefits may be excluded from the regular or basic rate of such an em- notice form provided by the Wage and greater number of overtime hours. Ex- Hour and Public Contracts Divisions is emptions are provided for transporta- ployee. The application of this rule may be illustrated by the following examples: to be used for this purpose. It may be de- tion and communications contracts, con- livered to the employee or posted as tracts for the purchase of supplies ordi- (a) The A company pays a service em- narily available in the open market, and ployee $3.50 an hour in cash under a wage stated in § 4.184. work required to be done in accordance determination which requires a monetary § 4.184 Posting of notice. rate of not less than $3 and a fringe benefit with the provisions of the Walsh-Healey contribution of 50 cents which would qualify Posting of the notice provided by the Act. for exclusion from the regular rate under Wage and Hour and Public Contracts Di- (2) Regulations concerning this Act section 7(e) of the Fair Labor Standards visions shall be In a prominent and ac- are contained In Part 5, and § 5.14(c) of Act. The contractor pays the 50 cents in cash cessible place at the worksite, as required this subtitle permits overtime pay to be because he made no contributions for fringe by § 4.6(b) (4). The display of the notice computed in the same manner as under benefits specified in the determination and n a place where it may be seen by em- the Fair Labor Standards Act, subject of the contract. Overtime compensation in this case would be computed on a regular or basic ployees performing on the contract will course to the differences in computations rate of $3 an hour. satisfy the requirement that It be in a required by reason of the daily overtime (b) The B Company has for some time "prominent and accessible place". Should provision of the Contract Work Hours been paying $3.25 an hour to a service em- display be necessary at more than one Standards Act, which has no counter- ployee as his basic cash wage plus 25 cents site, in order to assure that it is seen by part in the Fair Labor Standards Act. an hour as a contribution to a welfare and such employees, additional copies of the (3) Although the application of the pension plan, which contribution qualifies poster may be obtained without cost from Contract Work Hours Standards Act for exclusion from the regular rate under the Fair Labor Standards Act. For perform- the Divisions. The contractor or subcon- does not depend on inclusion of Its re- ance of work under a contract subject to the tractor is required to attach to the poster quirements in provisions physically made Act a monetary rate of $3 and a fringe bene- a listing of all minimum monetary wages part of the contract, the regulations of fit contribution of 50 cents (also qualifying and fringe benefits, as specified in the the Secretary require such provisions to for such exclusion) are specified because contract, to be paid or furnished to the be set forth In contract clauses. (See found to be prevailing for such employees classes of service employees performing 1 5.5(c) of this subtitle.) in the locality. The contractor may credit on the contract. (c) Walsh-Healey Public Contracts his 25-cent welfare and pension contribution toward the discharge of his fringe benefit RECORDS Act. As pointed out in § 4.122, while some obligation under the contract and make an Government contracts may be subject additional contribution of 25 cents for the § 4.185 Recordkeepingrequiremenq. both to the McNamara-O'Hara Service specified or equivalent fringe benefits or pay The records which a contractor or sub- Contract Act and to the Walsh-Healey the employee an additional 25 cents In cash, contractor Is required to keep concerning Public Contracts Act, the employees per- as authorized In Subpart B of this part. These contributions or equivalent payments may be employment of employees in the per- forming work on the contract which is formance of contracts subject to the Act subject to the latter excluded from the employee's regular rate, Act are, when so which remains $3.25, the rate agreed upon as are specified in § 4.6(b) (6) of Subpart A engaged, exempt from the provisions of the basic cash wage. of this part. They are required to be the former. They are, however, subject (o) The C company has been paying $3 maintained for 3 years from the comple- tk the overtime provisions of the Walsh- an hour as its basic cash wage on which the tion of the work, and must be made Healey Act If, in any workweek, any of firm has been computing overtime compen- available for inspection and transcrip- the work performed for the employer Is sation. For performance of work on a con- tion by authorized representatives of the subject to such Act ana if, tract subject to the Act the same rate of in such work- monetary wages and a fringe benefit contri- Administrator. Such records must be week, the total hours worked by the bution of 50 cents an hour (qualifying for kept for each service employee perform- employee for the employer (whether exclusion from the regular rate under the ing work under the contract, for each

FEDERAL REGISTER, VOL 32, NO. 131-SATURDAY, JULY 8, 1967 PROPOSED RULE MAKING 10147

workweek during the performance of the by the United States shall be held In any oface of the Wage and Hour and contract. If the required records are not the deposit fund and shall be paid, on Public Contracts Divisions (or to any separately kept for the service employees the order of the Secretary, directly to the office of the Bureau of Labor Standards, performing on the contract, it will be underpaid employee or employees. Any in instances involving the safety and presumed, in the absence of affirmative sum not paid to an employee because of health provisions), a violation, or appar- proof to the contrary, that all service inability to do so within 3 years shall be ent violation of the act or of any of the employees in the department or estab- covered into the Treasury of the United rules or regulations prescribed there- - lishment where the contract was per- States as miscellaneous receipts. under. Such offices are also available to formed were engaged in covered work §4.188 Ineligibility for further con- assist or provide Information to contrac- during the period of performance. (See tracts when violations occur. tors or subcontractors des ring to ensure § 4.173.) that their practices are in compliance Section 5 of the Act directs the Conip- SAFETY AND HEALTH with the Act. Information furnished is PROVISIONS troller General to distribute a list to all treated confidentially. § 4.186 Contract requirements for safety agencies of the Government giving the (b) A report of breach or violation and health of workers. names of persons or firms that the Fed- relating solely to safety and health re- eral agencies or the Secretary have found quirements may bt, in writing and ad- The Act, in section 2 (a) (3), requires violated this Act. Unless the Secretary every service contract in excess of $2,500 drezed to the Regional Director of a otherwise recommends, no contract of Bureau of Labor Standards' Regional subject to its provisions to contain a stip- the United States, shall be awarded to ulation that "no part of the services cov- Office, U.S. Department of Labor or to the persons or firms appearing on this the Director of the Bureau of Labor ered by this Act will be performed in list or to any firm, corporation, partner- buildings or surroundings or under work- Standards, U.S. Department of Labor, ship, or association in which such per- Washington. D.C. 20210. ing conditions provided by or under the sons or firms have a substantial interest control or supervision of the contractor (c) Any other report of breach or vio- until 3 years have elapsed from the date lation may be in writing and addressed or any subcontractor which are unsani- of publication of the list containing the tary or hazardous or dangerous to the to the Reional Director of a Wage and name of such persons or firms. This Hour and Public Contracts Dlvisions health or safety of a service employee en- prohibition against the award of a con- gaged to furnish the services". Regula- Regional Office, U.S. Department of tract to an Ineligible contractor applies Labor, or to the Administrator of the tions under this provision are set forth in to him in the capacity of either a prime Part 1516 of this title. Wage and Hour and Public Contracts contractor or a subcontractor. Divqions, U.S. Department of Labor, ENFORCELE § 4.189 Administrative proceedings re- 14th Street and Constitution Avenue § 4.187 Recovery of underpayments. lating to enforcement of labor stand- NW., Washington, D.C. 20210. ards. (d) In the event that a Regional (a) The Act, in section 3(a) provides The Secretary is authorized, pursuant Director of the Wage and Hour and Pub- that any violation of any of the contract lic Contracts Divisions is notified of a stipulations required by section 2(a) (1) to the provisions of section 4(a) of the Act, to hold hearings and make such breach or violation which also involves or (2) or of section 2(b) of this Act shall decisions based upon findin_s of fact as safety and health standards, such Direc- render the party responsible therefor are deemed to be necessary to enforce tor shall notify the appropriate Re- liable for a sum equal to the amount of the provisions of the Act. The Secretary's gional Director of the Bureau of Labor any deductions, rebates-, refunds, or un- Standards who shall with respect to the derpayments of compensation due to findings of fact after notice and hearing any are declared to be conclusive upon all safety and health violation take action employee engaged in the performance of - agencies of the United States and, If commensurate with his responsibilities such contract.' So much of the accrued pertaining to safety and health stand- payment due on the contract or any supported by a preponderance of the ards. other contract between the same evidence, conclusive in any court of the con- United States. Rules of practice for ad- (e) The report should contain the tractor and the Federal Government may ministrative proceedings under this following: be withheld as is necessary to' pay such authority are set forth in Part 6 of this (1) The full name and address of the employees. Such withheld sums shall be subtitle. person or organization reporting the -held in a deposit fund. On order of the breach or violations. Secretary, any compensation which the § 4.190 Contract cancellation. (2) The full name and address of the head of the Federal agency or the Secre- As provided in section 3 of the Act, person against whom the report is made. tary has found to be due pursuant to this when a violation is found of any contract (3) A clear and concise statement of Act shall be paid directly to the under- stipulation, the contract is subject upon the facts constituting the alleged breach paid employees from any accrued pay- written notice to cancellation by the or violation of any of the provisions of ments withheld under this Act. contracting agency. Whereupon, the the McNamara-O'Hara Service Con- (b) The Act, in section 5(b), provides United States may enter into other con- tract Act, or of any of the rules or regu- that, if the accrued payments withheld tracts or arrangements for the comple- lations prescribed thereunder. under the terms of the contract are in- tion of the original contract, charging Signed at Washington, D.C., this 5th sufficient to reimburse all service em- day of July 1967. ployees with respect to whom there has any additional cost to the original been a failure to pay the compensation contractor. CL=-Crc T. Luimrnursr, required pursuant to this Act, the United § 4.191 Complaints and compliance aq- Administrator, Wage and Hour States may bring action against the sistance. and Public Contracts Divi- contractor, subcontractor, or any sure- siont, U.S. Deartment of ties in any court of competent jurisdic- (a) Any employer, employee, labor or Labor. tion to recover the remaining amount of trade organization, or other interested IP.n. Des. G7-7900; FULd, July 7. 1357; underpayments. Any sums thus recovered person or organization may report to 8:49 am.]

FEDERAL REGISTER, VOL 32, NO. 131-SATURDAY, JULY 8, 1967