FEDERAL REGISTER VOLUME 32 • NUMBER 26

Wednesday, February 8, 1967 • Washington, D.C. Pages 2599-2691

(Part II begins on page 2687)

Agencies in this issue— Agricultural Research Service Agricultural Stabilization and Conservation Service Army Department Atomic Energy Commission Civil Aeronautics Board Comptroller of the Currency Consumer and Marketing Service Federal Aviation Agency Federal Communications Commission Federal Home Loan Bank Board Federal Maritime Commission Fish and Wildlife Service Food and Drug Administration General Services Administration Immigration and Naturalization Service Interstate Commerce Commission Navy Department Post Office Department Securities and Exchange Commission Small Business Administration Social Security Administration Veterans Administration Wage and Hour Division Detailed list o f Contents appears inside.

No. 26—Pt. I----- 1 Announcing the latest addition to the series of . . . Public Papers of the Presidents of the United States LYNDON B. JOHNSON, 1965

This is the 21st volume in the “Public Papers” series to be released. It contains public messages and statements, verbatim transcripts of the President’s news conferences, and other selected papers released by the White House during 1965. Included in the volume are the President’s inaugural address and his annual message to Congress on the State of the Union; other Presi­ dential messages to Congress; formal statements commemorating events leading to and following the passage of major legislative proposals such as Medicare, the education bills, immigration, voting rights, law en­ forcement assistance, and the war on poverty; joint statements with leaders of foreign governments; and remarks on the bill,creating the Department of Housing and Urban Development. The 1290-page volume, fully indexed, consists of two clothbound books. Book I covers the period from January 1 through May 31, 1965; Book II covers the period from June 1 through December 31, 1965. The books are priced at $6.25 each. All volumes in the “Public Papers” series are sold by the Superin­ tendent of Documents, Government Printing Office, Washington, D.C. 20402. Distribution for official use is governed by the provisions of sections 32.15-32.19 of Title 1 of the Code of Federal Regulations.

Published daily, Tuesday through Saturday (no publication on Sundays, Mondays, or on the day after an official Federal holiday), by the Office of the Federal Register, National FEDERALfiRREGISTERx p. OA, „ „ Archives and Records Service, General Services Administration (mail address National Area Code 202 one 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 R egister will be furnished by mail to subscribers, free of postage, for $1.50 per month or $15 per year, payable in advance. The charge for individual copies varies in proportion to the size of the issue (15 cents for the first 80 pages and 5 cents for each additional group of 40 pages, as actually boun d). Remit check or money order, made payable to the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. The regulatory material appearing herein is keyed to the Code op Federal R egulations, which is published, under 50 titles, pur­ suant to section 11 of the Federal Register Act, as amended. The Code op Federal R egulations is sold by the Superintendent 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 R egister or the Code op Federal Regulations. C o n t e n t s

AGRICULTURAL RESEARCH Proposed Rule Making FEDERAL MARITIME SERVICE Milk in certain marketing areas: COMMISSION Massachusetts-Rhode Is la n d Proposed Rule Making and Connecticut; decision; Notices Hog cholera and other communi­ c o rre c tio n ______2644 Agreements filed for approval: cable swine diseases; interstate Quad Cities-Dubuque et al.; rec­ Foreign Forwarding of Milwau­ m ovem ent______2643 ommended decision______2644 kee et a L ______2670 Pink bollworm; extension of Seeds; hearing and extension of Mediterranean—USA Great quarantine to Florida and time for comments*'______2644 Lakes Westbound Freight Nevada ______2642 C on feren ce______2672 DEFENSE DEPARTMENT South Atlantic Steamship Con­ AGRICULTURAL STABILIZATION ference ______2672 See Army Department; Navy De­ Independent ocean freight for­ AND CONSERVATION SERVICE partment. warder licenses: Rules and Regulations Madison Shipping Co., et al.; FEDERAL AVIATION AGENCY cancellations et al______2671 Sugar, continental; requirements H. C. Miner & Co.; revocation** 2672 and area quotas, 1967______._ 2609 Rules and Regulations Tobacco, burley: FISH AND WILDLIFE SERVICE Community average yields_____ 2603 Control area extensions; revoca­ National average yield factor, tion ______2615 Rules and Regulations and period for determining Proposed Rule Making Sport fishing at wildlife refuge community average yields and areas: preliminary farm yields*._____ 2609 Control zones and transition Mark Twain, Illinois et al_____ 2639 areas: Modoc, Calif______2639 A lte ra tio n ______2650 AGRICULTURE DEPARTMENT Designation______2649 See Agricultural Research Service ; FOOD AND DRUG Agricultural Stabilization and ADMINISTRATION FEDERAL COMMUNICATIONS Conservation Service ; Consumer Rules and Regulations and Marketing Service. COMMISSION Cheese, mozzarella and scamorza; Rules and Regulations effective date of order______2611 ARMY DEPARTMENT Food additives: Rules and Regulations Restricted radiotelephone operator Adhesives______2612 permits; miscellaneous amend­ Procurement; miscellaneous P h ora te______2611 ments ______2626 Sodium stearyl fumarate______2612 amendments______2616 Uniform system of accounts, tele­ Hazardous substances; visual phone and other companies; novelties; exemption______2612 miscellaneous amendments____ 2627 ATOMIC ENERGY COMMISSION Proposed Rule Making Notices Proposed Rule Making Cheese; identity standards: Tritium; increase in quantity limit Hearings, etc.: C ottage______2646 in generally licensed self- California W ater and Telephone Mozzarella and scamorza______2647 luminous aircraft safety devices* 2649 Co. et al. (2 documents)__ 2665, 2666 Color additives: Notices Chapman Radio and Television Alumina, calcium carbonate and Co. et al______2666 talc ______2645 Arizona; proposed agreement for Fulton Community Antenna Ferrous gluconate______2646 assumption of certain AEC reg­ Television System, Inc., and ulatory authority______2661 Inorganic bromides; tolerance for General Electric Cablevision _ residues______2647 C o r p ______2666 Notices CIVIL AERONAUTICS BOARD General Electric Cablevision Filing of petitions regarding pesti­ Notices C o r p ______2667 L & S Broadcasting Co. et al. cides: IATA conference agreements: (2 documents)______2667,2669 FM C Corp______2661 Fare matters______2664 Mount-Ed-Lynn, Inc______2669 United States Rubber Co______2661 Specific commodity rates______2664 Stokes County Broadcasting Co. Orillia Air Services, Ltd. ; hearing* 2665 (W K T E ) (2 documents)_____ 2669 GENERAL SERVICES Ultravision Broadcasting Co. ADMINISTRATION COMPTROLLER OF THE and Couries Cable Co., In c___ 2670 CURRENCY Rules and Regulations Uniform financial statements and FEDERAL HOME LOAN Procurement; miscellaneous reports to stockholders______2640 BANK BOARD am endm ents______2624 CONSUMER AND MARKETING Proposed Rule Making HEALTH, EDUCATION, AND SERVICE Practice and procedure______2650 WELFARE DEPARTMENT Federal Savings and Loan Insur­ Rules and Regulations ance Corporation; miscellane­ See Food and Drug Administra­ Milk in Southern Illinois market­ ous amendments______2658 tion; Social Security Adminis­ tration. ing area ; order suspending cer-r Federal Savings and Loan System; tain provision______.___ 2611 miscellaneous amendments____ 2654 ( Continued on next page) 2601 2602 CONTENTS.

IMMIGRATION AND NAVY DEPARTMENT SOCIAL SECURITY NATURALIZATION SERVICE Rules and Regulations ADMINISTRATION Notices Navigational light waivers; Proposed Rule Making guided missile destroyers and Organization; border patrol sec­ Health insurance for the aged; gunboats ______2624 tors; El Centro, Calif______2661 criteria for determination of reasonable charges; reimburse­ INTERIOR DEPARTMENT POST OFFICE DEPARTMENT ment for services of hospital See Pish and Wildlife Service. Rules and Regulations interns, residents, and supervis­ INTERSTATE COMMERCE City delivery and international ing physicians______2688 mail; miscellaneous amend­ COMMISSION ments ______* 2624 TREASURY DEPARTMENT Notices See Comptroller of the Currency. Fourth section applications for SECURITIES AND EXCHANGE r e lie f______r ______2680 COMMISSION Motor carrier; VETERANS ADMINISTRATION Alternate route d e v ia t io n Notices Rules and Regulations notices______2681 Vermont Yankee Nuclear Power Standards for collection, compro­ Applications and certain other Corp. et al.; issuance of stock___ 2673 mise, suspension, or termination proceedings______2682 of collection effort, and referral Temporary authority applica­ SMALL BUSINESS of civil claims for money or tions______2680 ADMINISTRATION p rop erty------___------2613 JUSTICE DEPARTMENT Notices WAGE AND HOUR DIVISION See Immigration and Naturaliza­ Delegation of authority to con­ tion Service. duct program activities; Area Proposed Rule Making Coordinators et al.: Puerto Rico; hankerchief and cer­ LABOR DEPARTMENT Middle Atlantic Area______2677 tain other industries; review See Wage and Hour Division. Southwestern Area______2674 committees ______2648

List of CFR Parts Affected (Codification Guide)

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

7 CFR P roposed R u l e s — Continued 32 CFR 548 ______2654 724 (2 documents)______2603, 2609 549 ______2654 591______2616 811______2609 550 ______2654 596 __ 2622 1032 ______2611 551 __ 2654 597 ______2622 P roposed R u l e s : 566______2658 600______2623 201______2644 602______2623 301______2642 14 CFR 606______2623 706______2624 1001____i ______2644 71______2615 1015______2644 P roposed R u l e s : 1063______2644 38 CFR 1070___ 2644 71 (2 documents)______2649, 2650 1______2613 1078 ______2644 1079 ______2644 20 CFR 39 CFR P roposed R u l e s : 155______2624 9 CFR 405______— 2688 P roposed R u l e s : 41 CFR 76______2643 21 CFR 1-1...... ______2624 19______2611 1-2______2626 10 CFR 120______2611 1-12______2626 121 (3 documents)______2611,2612 P roposed R u l e s : 191______2612 47 CFR 31 ______*______2649 P roposed R u l e s : 0- __ _ - 2626 32 _ 2649 8 (2 documents)______2645, 2646 13 - 2626 12 CFR 19 (2 documents)______2646, 2647 31___I . ______2627 120___ 2647 33 ...... - ______■___ 2627 P roposed R u l e s : 34 ______2627 10______-i_____ 2640 29 CFR 35 ______2627 18______2640 P roposed R u l e s : 509______2650 608______—— ...... 2648 50 CFR 547______2654 689______2648 33 (2 documents)------2639 2603

Rules and Regulations

inclusive, may be used instead of the period B urley Tobacco Co m m u n it y A verage Y ields 1959 to 1963, as determined by the Secretary. Determined U nder Sec. 317 of Agricul­ Title 7— AGRICULTURE tural Adjustm ent Act of 1938, as Chapter VII— Agricultural Stabiliza­ The community average yields set Amended tion and Conservation Service forth in § 724.36n have been determined Alabama on the basis of the 5 years from 1960 (Agricultural Adjustment), Depart­ County Com- County Commu- to 1964, inclusive, from the latest avail­ and munity and nity ment of Agriculture able statistics of the Federal Government com - average commu- average SUBCHAPTER B— FARM MARKETING QUOTAS in accordance with the provisions of sec­ munity yield nity yield Limestone: AND ACREAGE ALLOTMENTS tion 317(a)(5) of the act quoted above. Blount: Section 317 of the Act also provides that 1 com­ 1 com­ PART 724— BURLEY, FLUE-CURED, in counties where less than 500 acres of munity __1,924 munity __ 1 627 the kind of tobacco for which the de­ Clay: Madison: FIRE-CURED, DARK A IR -C U R E D , 1 com­ termination is being made were allotted 1 com­ VIRGINIA SU N -C U R ED , CIGAR- munity —11,855 munity _1, 628 in the last year of the 5-year period, the BINDER (TYPES 51 AND 52), CIGAR- Cullm an: Marshall: county may be considered as one com­ 1 com­ 1 com­ FILLER AND BINDER (TYPES 42, 43, munity. Where this rule has been ap­ munity __1, 753 munity __ 1, 022 44, 53, 54, AND 55), AND MARY­ plied, only one community per county is Jackson: Etowah: LAND TOBACCO 1 com­ 1 com­ shown in the determination. munity __ s 0 munity __ 2 0 Subpart— Determination and An­ The Act requires the holding of a spe­ Lauderdale: cial referendum of burley tobacco farm­ 1 com­ nouncement of Community Aver­ munity __11, 362 ers within 45 days after the announce­ age Yields for Burley Tobacco De­ Arkansas ment of the national marketing quota on termined Under Section 317 of the Boone : Newton: Agricultural A d ju stm e n t Act of an acreage-poundage basis for the 1967- 1 com­ 1 com­ 1938, as Amended 68 marketing year, the national acreage munity __ 1, 742 munity __12, 010 allotment, and the national average yield Carroll : Randolph: Basis and purpose^ Section 724.36n is 1 com­ 1 com­ goal, to determine whether they favor or munity — 1, 329 munity _J 1, 075 issued pursuant to and in accordance oppose quotas on an acreage-poundage with the Agricultural Adjustment Act of G eorgia basis for the 3 marketing years beginning 1938, as amended, particularly by Public Bartow: M urray: October 1,1967, October 1, 1968, and Oc­ Law 89-12 (79 Stat. 66), approved April 1 com­ 1 com­ tober 1,1969. Since burley tobacco farm munity 2 0 munity __ 1,494 16, 1965 (7 U.S.C. 1314c), to determine operators must, under section 317 of the Catoosa: Putnam : and announce community average yields 1 com­ 1 com­ Act, be notified, insofar as practicable, of for burley tobacco under section 317 of munity __ 1, 709 munity __ 2, 779 the marketing quotas for their farms at Chatooga: Towns: the Act. least 15 days prior to the special referen­ 1 com­ 1 com­ Notice that the Secretary was pre­ munity 2 0 munity __ 1,786 dum and community average yields are paring to make certain determinations Fannin: Union: required in the determination of farm 1 com­ with respect to marketing quotas on an 1 com­ yields and fanñ marketing quotas, it is munity __ 1,471 munity __ 1,658 acreage-poundage basis for burley to­ Gilmer: White: hereby found that compliance with the bacco for the 1967-68 marketing year, 1 com­ 1 com­ 30-day effective date provision of 5 U.S.C. munity _ 11,352 including community average yields per munity __11, 567 553 is impracticable and contrary to the Habersham: Whitfield: acre, was given in the November 15, 1966 1 com­ 1 com­ public interest. Therefore, the com­ issue of the F ederal R egister (31 F.R. munity __1, 795 munity _ 11,572 munity average yields contained herein 14560). The community average yields Illin o is shall become effective upon the date of contained in § 724.36n were established Hamilton: Union: filing of this document with the Director, after consideration of the data and rec­ 1 com- 1 com­ Office of the Federal Register. munity - _ 2,193 munity _ _ 2 0 ommendations received pursuant to such Sections 724.35p and 724.35q were ap­ Massac: notices within the limits permitted by the 1 com­ plicable to the determination of farm Act. munity __ 2, 064 marketing quotas on an acreage- I ndiana Section 317(a) (5) of the Act provides: poundage basis for burley tobacco for the Bartholomew: (5) The “community average yield” means 1966-67 marketing year, but for the 1967- 1 com­ Silver Creek. 2, 070 for Flue-cured tobacco the average yield per 68 marketing year the regulations in munity -L 1, 987 U n io n _____ 1, 985 acre in the community designated by the § 724.36n will be applicable. Accordingly, Brown: U tic a ______1, 811 Secretary as a local administrative area un­ 1 com­ W a s h i n g ­ der the provisions of section 8 (b) of the Soil §§ 724.35p and 724.35q are hereby re­ munity __1, 702 ton _____ 2, 340 Conservation and Domestic Allotment Act, pealed and a new § 724.36n is added as Clark: Wood ______2,008 as amended, which is determined by averag­ follows: Bethlehem _ 2, 257 Crawford: Carr ______1,868 1 com­ ing the yields per acre for the 3 highest years §§ 724.35p, 724.35q [Revoked] Charles­ munity __ 1,927 of the 5 years 1959 to 1963, inclusive, except town ____2,117 Daviess: that if the yield for any of the 3 highest years § 724.36n Community average yields for Jefferson­ 1 com­ is less than 80 per centum of the average burley tobacco. ville _____ 1,140 munity _ _ 2 0 for the 3 years then that year or years shall M onroe____ 1,923 Dearborn: The following table sets forth the com­ O reg o n ____ 2,185 1 com­ be eliminated and the average of the remain­ Owen _____ 2, 023 munity __ 1,992 ing years shall be the community average munity average yields which are hereby yield. Community average yields for other determined for burley tobacco. The 1 Adjusted in accordance with the Act. kinds of tobacco shall be determined in like community average yields are expressed 2 No Burley production during the period manner, except that the 5 years 1960 to 1964, in terms of pounds per acre. 1960-64.

FEDERAL REGISTER, VOL. 32, NO. 26—-WEDNESDAY, FEBRUARY 8, 1967 2604 RULES AND REGULATIONS

Indiana— Continued K en tu c k y— Continued K entuck y-— Continued County Commu- County Commu- County Commu- County Commu- County Commu- County Commu- and nity and nity and nity and nity and nity and nity commu- average commu- average commu- average commu- average commu- average commu- average nity yield nity yield nity yield nity yield nity yield nity yield Decatur: Lawrence: Anderson : Bullitt: Crittenden: Grant: 1 com­ 1 com- A ______2,090 A ______2,064 1 com- A ------1,896 munity __ 2,468 munity _ 1,960 B ______2,156 B — ______2,042 munity .— 1,489 B — ...... 1,851 Dubois: Monroe: C ______1,932 C ______2,095 Cumberland C ------2,349 1 com­ 1 com- D ______1,872 D ______1,977 A ______2,084 D ------2,461 munity __1, 835 munity _ 2,390 E ______1,734 E ______1,862 B __ 2,134 E ------2,234 Fayette: Morgan: F ______1,749 Butler: C ______— 2,193 F ------2,285 1 com­ 1 com- G ______1,793 1 com­ D ______2,098 G ------1,928 munity _ _ 2, 023 munity _ 2,848 Ballard: munity __1,803 E ______2,084 H J------2,462 Floyd: Ohio: A ______1,985 Caldwell: F ____ _ 1,992 I ...... 2,210 1 com­ 1 com- B ______1,834 A ______1,663 G ______2,059 Graves: munity __1,966 munity _ 2,207 C ______1,860 B ______1,926 H ______— 2,130 1 com­ Fountain: Orange: D ______1,998 C ______1,770 I ______— 2,012 munity __ 1,666 1 com­ 1 com- E ______1,909 D ______1,679 Daviess: Grayson: munity __1, 583 munity _ 2,333 Barren: E ______1,638 A ______— 1,937 A ______2,230 Franklin: Owen: A ______2,232 F ______1,868 B ______1,850 B ------2,169 1 com­ 1 com- B ______2,292 G ______1,591 C ______— 1,819 C ______2,097 munity __2, 227 munity _ 2,140 C ______2,197 Calloway: D ______— 1,724 D ------2,201 Greene: Parke: D ______2,324 1 com­ E ______— 1, 856 E ______2,456 1 com­ 1 com- E ______2,494 munity __1, 595 F ______2,132 F ------2,267 munity __1,966 munity J- 2, 957 F ______2,261 Campbell: G ______„ 1,952 G ______2,268 Harrison: Perry: G ______2,453 1 com­ H ______-_ 1,749 Green: Blue River_ 2,110 1 com- Bath: munity __1,885 J ______— 1,808 A ______2,366 B o o n e_____ 2, 099 munity _ 1,522 A ______2,452 Carlisle: K ______1,981 B ------2,299 F r a n k lin __1,902 Putnam : B ______2,114 1 com­ L ______— 1,941 C ______2,240 H a r r is o n __1,929 1 com- C ___ _ 2,091 munity __1, 705 Edmonson : D ______2,293 H e t h ______2,061 munity _ 2,679 D ___ 2,127 Carroll: A ______— 2,106 E ...... 2,426 Jack so n ___1,917 Ripley: E __ _ 2,197 A ______2,148 B ______— 2,177 F ______2,102 M organ ____ 2, 014 1 com- Bell: B ______2,110 C ______1,995 G — ...... 2,282 Posey _____ 2, 010 munity _ 2,207 1 com­ C ______2,231 D ______2,103 Greenup: Scott______1,931 Rush: munity __2,041 D ______2,263 E ___ __ — 2,438 A ______2,212 S p en ce r___2,036 1 com- Boone: E ______2,205 Elliott : B ______2,207 T aylor_____ 1,985 munity _ 2,024 A __ _ - 2,018 F ______2,509 A ______— 2,313 C ______2,356 Scott: W a s h i n g ­ B ______2,042 G ______2, 360 B ____ _— 2,221 D ______2,260 1 com- ton ______2, 034 C ______1,968 Carter: C ______— 2,476 E ______2,175 W e b ste r___1, 863 munity _ 2,147 D _ ____. _ 1,896 A ______2,207 D ______2,357 F ______2,216 Shelby: Hendricks: E • ' , 2, 202 B ______2,233 E ______— 2,277 G ______2,237 1 com- 1 com­ Bourbon : C ______2, 139 Estin : H ______2,166 munity _ 2,222 munity __ 2,264 A ______2,308 D ______2,192 A ______1,979 I ...... 2,174 Spencer: B ______2,373 Henry: E ______2,338 B ______— 1,853 Hancock: 1 com- ... 2,192 1 com­ C ______Casey: C ______— 2,177 A ...... 1,886 munity __ 1,873 D ___ 2,358 munity __2, 658 A ______2,170 D ______— 1,935 B ______1,840 Sullivan: 2,434 Jackson: E ______B ______2,234 E ______1,921 C ...... 1,696 1 com- F ______. _ 2,388 1 com­ C ______2,205 Fayette: munity __ 2,119 G ______2,409 Hardin: munity __2,140 D ______2,179 A ______2,364 Switzerland: Boyd : A ______2,192 Jefferson: E ______2,079 B ______2,349 C o tto n __ __ 2,283 1 com­ B ______2,556 G ra h a m ___2,180 F ______2,146 C ______— 2,320 C ra ig ____ 2,112 munity __ 2,240 C — ______2,286 H anover___2, 447 G ______2,214 D ______2,242 D ______2,203 Jefferson __ 2,076 Boyle: Christian: E ______2,353 Lancaster _ 2,136 Pleasant __ 2,377 A ___ _ .. 2,070 E ______1,997 A ______1,743 Fleming: p ______2,062 M adison___2,154 Posey _ _ 1,914 B _____ . 2,097 B ______1,806 A ______2,034 M ilt o n ____; 1,993 York _ __ 2,012 C ______. 2, 122 G ______2,158 C ______2,096 B ______2,154 M onroe____ 2,438 Union: D ______. 2,222 H ...... 2,023 D ______1,770 C ______2,254 Republican. 2, 353 1 com- E ______. 2,017 J ...... — 2,035 S a lu d a ____ 2, 247 E ______1,767 D ______2,226 K ______1,936 munity __ 1,974 F ___ _ . 2,136 F ______2,141 S h e lb y ____ 2,345 Warrick: E ______2,392 L ______1,930 G ______. 2,056 G ______2,090 S m y r n a ___2, 285 F ______2,118 Harlan: 1 com- Bracken: H,______2,088 Jennings: G ______„ 2,100 1 com­ munity — 1,885 A ______. 2,444 - J ______2,046 1 com- . Washington Floyd: munity -- 1,933 B ______. 2,254 Clark: 1 com- m u n ity __2,007 1 com- Harrison: Johnson: C ______. 1,975 A ______- 2,153 munity _ 2,095 munity __ 2, 155 D ____ . 1,835 A ______2,450 1 com­ B ______2,324 Franklin : E ______. 2,165 B _____ 2,323 C ______1,889 A ___ — -_ 1,760 munity -1 2, 036 F __ — .. 2,149 C ...... 2,350 D ______2,068 B _____ — 1,948 D ______2,168 K ansas G ______„ 2, 061 E ______1,929 C ------2,009 E ____ 2,022 Atchison: Leavenworth: Breathitt: F ______2,098 D ______2,239 p _____ 1,891 1 com- 1 com- A ______. 1,890 G ______2,188 E ______2,045 G I ______2,302 m u n ity__ 1,935 m unity__ 1, 362 B ___ . 1,813 Clay: F ______2,295 H — 2,046 Doniphan: Linn: G ______2,009 J I ______1,851 C ______- 1,761 A ____,______2,077 1 com- 1 com- H ______1,838 K ...... l,?^5 D ______. 2,113 B ______2,191 munity __ 1,583 m u nity__ 1,374 Fulton: L ...... 1.952 E ______- 1,799 C ______2,075 1 com- Hart: K entucky F ______. 1,948 D ______2,007 munity _ 2,523 A ______2,562 Adair: Allen : G ______. 1,877 E ______2,268 Gallatin: g ______2, 623 A ______1,990 A ______2,001 Breckinridge: F ______1,908 A ______— 2,063 q ______2, 513 j ) ______2,371 B ______2,119 B ______1,849 A ______. 2,204 G ______2,088 B ______2,282 2,187 C ______1,983 — 1,902 E ____._____ 2,390 C ______B ______. 1,930 Clinton: C ______D ______2,183 D ______2,049 Garrard: Henderson: C ______. 1,911 A ...______2,116 E ______2, 224 E ______lì 846 A ______2,168 D . 2,016 B ______- 2,192 F ______2,256 F ______1, 804 ______B ______2,187 G ______2,150 G ______2,138 E ______. 2,244 C ______2,176 C ____ - __ 2,168 F ______. 2,176 D ______2,115 D ______2,335 1 Adjusted in accordance with the Act. G ______. 2,003 E ______2,156 E ______2,376

FEDERAL REGISTER, VOL. 32, NO. 26— WEDNESDAY, FEBRUARY 8, 1967 RULES AND REGULATIONS 2605

K entuck y—-Continued K entuck y—-Continued K e ntuck y-—Continued County Commu- County Commu- County Commu- County Commu- County Commu- County Commu- and nity and nity and nity and nity and nity and nity commu- average commu- average commu- average com mu- average commu- average commu- average nity yield nity yield nity yield nity yield nity yield nity yield Henderson—Con. Lincoln : Mason— Con. Oldham: Shelby: Union: ' P ___ ._i_ 1,562 A ______2,216 H ______2,171 A ______2,282 A ______2,270 1 com- G — ___ 1,748 B ______2,049 J ______2,202 B ______2,161 B ____ 1,950 munity _ 1,627 Henry: C ______2,135 Meade: C ______2,106 C ______2,404 Warren: A ___ „___ 2,465 D ______2,254 A ______2,040 D ______2,234 D ______2,193 A ______„ 2 ,0 5 1 B — ïâ _____2,562 E ______2,132 B ______1,869 E ______2,173 E ______2, 092 B ______1,902 c —¿ M _____2,353 F ______2,220 C ______1,937 Owen: Simpson: C ______2,218 D ______2, 462 G ______2,244 D ______1,909 A ______2,408 A ______------2,193 D ______2,029 E ______2, 401 Livingston : E ______1,960 B ______2,421 B ______2,341 E ______2,185 P ______2,485 1 com- Menifee : C ______2,147 C ______2,196 F __ 2,205 G ______2,105 munity — 11, 775 A ______2,073 D ______1,962 Spencer: G ...... __ 2,098 H ______-, ______2,432 Logan: B ______2,185 E ______>___ 2,119 A ______2,010 H ______2,086 I ______;______2,548 A ______1,952 C ------______2,242 Owsley: B ______2,180 J ______1,944 Hickman: B ______2,122 D ______2,280 A ______2,094 C ______2,174 Washington 1 com- C ______2,148 E ____.______2,249 B ______2,201 D ______2,132 A ______2,050 m unity ___1,605 D ______1,938 Mercer : C ______2,223 E ______2,097 B ______. 2,027 Hopkins: E ______2,252 A ______1,883 D ______2,037 F ______2,143 C ______2 ,111 1 com- F ______1,890 B ______1,973 E ______2,114 G ______------2,055 D __ 2,248 m unity__1, 570 G ______1,860 C ______2,031 Pendleton Taylor: E ______2,257 Jackson: H ______1,910 D ______2,166 A ______2,074 A ______2,341 Wayne: A ...... ______2,139 J ______2,072 E ______2,220 B ______1,926 B ______------2, 380 A ______2,164 B ______2,231 Lyon: Metcalfe: C ______------2,027 C ______2,447 B ______2,277 C ______2,267 1 com- A ______2, 188 D ______1,922 D ______2,316 C ______._ 2,336 D ______2,213 munity _ . 1,708 B ______2,256 E ______2,125 E ______2,294 D ______2,253 E ______2,138 McCracken : C ______2,337 F ______12 , 0 1 1 F ______2,100 E ______2,236 Jefferson: A ______1,649 D ______2,387 G ______1,944 G ...... ______2,293 F ______2,275 1 com- B ______1,898 E ______2,170 Perry: Todd: G ______2,225 m unity__1,962 C ______1,783 Monroe: 1 com­ A ______1,854 H ______2,227 Jessamine: D ______1,894 A ______2,007 munity __1, 737 B ------2,283 J ______2,224 A ...... 1,992 E ______1,966 B ______2,076 Pike: C ------_____ 1,949 K ______2,273 B t ...... 2,279 McCreary: C ______2,304 1 com­ D ------1,803 L ______2,125 C ______2,124 1 com­ D ______2,210 munity __ 1, 763 E ------1,933 Webster: D ...... 2,077 munity __ 2,046 E ______2,117 Powell : F ______2,126 1 com­ Johnson: McLean: F ______2,299 A __^______1,800 G ------2,185 munity _ 1, 737 1 com­ A ______1,839 G ______2,369 B ------1,981 H ------2,141 Whitley: munity __2, 067 B ------1,899 H ______2,297 C ______2,009 J ------,___ 1,829 1 com­ Kenton: C _____ 1,932 J ______2,186 D ______1,980 K ...... 1,800 munity _ 2,033 A ...... 2,030 D ______1,588 Montgomery: E ______1,844 L m ______2,287 Wolfe: B ------2,029 E _____ 2,038 A ______2,265 Pulaski : Trigg: A ______1,983 C - ...... _ 1,883 F ______1,791 B ______2, 108 A ...... 2,196 A ------1,802 B ______2,080 D ...... 2,281 G ______1,869 C ______2,126 B ______2,167 B ------1,847 C ------2,145 E ...... 1,910 Madison: D ______2,252 C ------2,181 C ------2,015 D ______2,258 Knott: A ______2,174 E ______2,146 D ...... 2,153 D ------1,624 E ______2, 282 1 com­ B ______2,020 Morgan : E ______2,239 E ------2,030 Woodford: munity __ 2,272 C ...... 2,130 A ______2,060 F ______2,394 Trimble : A ...... 2,604 Knox: D ______2,382 B ______2,191 G ______2,304 A ------2,452 B ______2,315 1 com­ E ______2,159 C ______2,059 H ------2,531 B ------2,536 C ______2,412 munity __ 2,152 F ______2,347 D ______2,152 J — .------2, 247 C ------2,494 2, 360 Larue: G ------2,117 E ______2, 3@3 Robertson : 2,409 A ...... 2,199 Magoffin: F ______2,053 A ------1,955 F ...... 2, 147 B ------1,909 A ______2,062 G ______2,329 B „ ------1,808 M issouri C ...... 2,224 B ______2,066 Muhlenburg: C ------1,768 D ------2,474 C ______2,039 A ______1,426 Rockcastle: Andrew: Christian: E ------2,317 D ______2,078 B ------1,899 A ______2,292 1 com- l com­ Laurel: E ______2,096 C ______1,784 B ------2,358 munity __ 1,869 munity __ 974 A ------2,264 Marion: D ______1,716 C ------2,333 Atchison : Clay : B ...... 2,294 A ______2,168 E ______1,849 D ___...... 2,179 1 com- i com­ C ...... „ _ _ 2,371 B ______2,566 Nelson: E ------2,125 munity __ 2,011 munity __ 1,656 D —...... 2,181 C ______2,251 A ------1,990 Rowan: Bates : Clinton : E ------2,316 D ______2,290 B ------2,163 A ------2,212 1 com- j com­ p - ...... 2,263 E ______2,460 C ------2, 021 B ------2,309 munity — 1, 236 munity__1, 641 G ------2,396 F ______2,252 D ______2,214 C ------2,224 Bollinger : Col e : Lawrence: E ______2,208 G ______2,289 D ------2,136 1 com- 1 com­ 1 com­ F ______2,303 H ______2,316 E ------___ 2,176 munity _ 11,998 munity __1, 543 munity __ 2, 295 G ______2,277 J ______2,308 Russell : Boone: Cooper: Lee: H ______2,254 K ______2,309 A ------2,047 1 com- 1 com­ 1 com­ J ------2,132 L ______2,475 B ------2,075 munity __ 1, 757 munity __ 1, 813 munity __ 2,019 Nicholas: C ______2,086 Leslie: Marshall: Buchanan : De Kalb : 1 com­ A ______2,092 D ...... 2,107 1 com­ 1 com- 1 com­ munity __1,499 B ______2,070 E ______2,180 munity __ 1, 790 munity __ 1,986 munity __ 1,681 M artin: C ______2,212 F ------2,062 Letcher: Caldwell: Howard: 1 com-' G ------____ 2,146 1 com­ D ______2,093 1 com- 1 com­ m u n ity __2, 272 E ______2,292 Scott: munity - 11,380 munity 1_ 1, 856 munity __ 1, 834 Mason: A ______2,329 Lewis: A ------____ 2,272 Ohio: Callaway : Howell : 1 com- 1 com­ A ------2,163 B ______2,096 A ____------1,763 B ______2,288 munity __ 1, 719 munity __ 1, 813 B ------_ 2,138 C ______2,191 B __------1,693 C ______2,106 Carroll: Knox: G ------2,180 D ____ _ 2,391 C ______1,868 D ------_____ 1,893 1 com- 1 com­ D ------— 2,180 E ______2,402 D ______1,864 E ------1,901 E ------_ 2,233 F ______2,134 munity __ 2, 022 munity __ 1, 806 E ______1,904 F ...... 2,071 F 2,326 G ______2,073 Chariton: Lafayette: G ...... — 2,372 F ____ _ 1,838 G ______2,135 1 com-______1 com­ G ______1,947 munity __ 1,975 m u n ity__1, 347 1 Adjusted in accordance with the Act.'

FEDERAL REGISTER, VOL. 32, NO. 26— WEDNESDAY, FEBRUARY 8, 1967 2606 RULES AND REGULATIONS

M issouri— Continued N orth. Carolina— Continued O h io — Continued County Continu- County Commu- County Commu- County Commu- County Commu- County Commu- and nity and nity and nity and nity and nity and nity commu- average commu- average commu- average commu- average commu- average commu- average nity nity nity yield nity yield nity yield nity yield nity yield Lincoln: St. Clair: Haywood— Con. Surry: Adams— Con. Greene: 1 com- 1 com- Fines 1 com- Scott 2,197 1 com- m u n ity__ 1, 729 munity _ 2,027 Creek____ 2,086 m u n ity__ 2,803 Sprigg ------2,009 m u nity_ 1,909 Moniteau: St. Francois: Panther Swain: Tiffin _____ 2,060 Hamilton: 1 com- 1 com- Creek____ 2,234 1 com- W a y n e ____ 2,185 1 com- m u n ity __ 1,635 munity - 12, 209 Iron du ff___ 2,040 m u nity__ 1,987 Winches- m u n ity __ 1,854 Platte: Saline: Ivy Hill____ 2,149 Transylyania: t e r ______2,119 Highland: C a r r o ll____ 1,811 1 com- Jonathan__ 2,001 1 com- Athens: Brushereek. 2,025 Fair ______2,059 munity 2,803 P ig e o n ____ 2, 226 m u n ity __ 1,873 1 com- Clay ______1,791 G r e e n _____ 2,012 Shelby: Waynes- Watauga: m u n ity __ 2,115 Concord ___ 2,005 L e e ______2,049 1 com- v ille _____ 2,074 A Beaver Brown: D odson ____ 2,246 M a rs h a ll__ 2,181 munity _ 1, 901 White D a m ____ 2, 400 B y r d ______2, 280 Fairfield____ 1,963 Pettis-Wal- Stone: O a k _____ 1,920 B Brushy C la r k _____ 2, 048 H a m e r ____ 1,968 dron ____ 1,747 1 com- Henderson: Fork ____ 2, 411 E agle______2,097 Ja ck so n ___ 2, 038 Preston ____ 1,642 munity _ 1,142 1 com- C Cove F r a n k lin __ 2, 051 Liberty ____ 2, 013 Weston ___ 2,084 Taney: m u n ity __ 1,970 C r e e k ___ 2,494 Green ____ 1, 788 M adison___ 1,869 Randolph: 1 com- Iredell : D Laurel Hunting- M a rs h a ll__ 2,024 1 com- munity _x 1,774 1 com- C r e e k ___ 2,468 ton ____ 1.980 New Market- 2,036 munity _ 1,579 Texas: m u n ity __ 2, 298 E Meat J a c k s o n __ 2.135 Paint 1,980 Ray: 1 com- Jackson: C a m p ___ 2,398 Jefferson__ 2,279 P e n n ______2,009 1 com- munity _ 1,431 1 com- F New Lewis 2,210 S a le m _____ 1,763 munity _ 1,639 m u n ity __ 2,024 R iv e r____ 2, 350 Perry 2, 053 U n io n _____ 1,845 Ripley: McDowell : G North Pike 1,869 Washing- 1 com- 1 com- F o r k ____ 2, 428 P leasant___ 2,156 ton _____ 2,028 munity _ 1,035 m u n ity __ 1,870 H Shaw- Scott 1,964 W hiteoak_ 2,037 Macon: neehaw__ 2, 503 S te rlin g ___ 1,845 Jackson: N orth Carolina 1 com- J Stony Union ____ 2,156 1 com- Alleghany : m u n ity __ 2,045 F o r k ____ 2,443 Washing- m unity__ 2,036 1 com- G French Madison : K Watauga. 2, 416 ton ____ 1,963 Lawrence: munity __ 2, 256 Broad____ 2,174 A—1 ______2,199 Wilkes: Butler: 1 com- Ashe: H Hominy__2,118 B—2 ______2,394 1 com- 1 com- m unity__ 1,882 A Chestnut J Ivy______2, 219 C—3 ...... 2, 345 m u nity__ 2,234 m u n ity __ 2, 044 Licking: Hill 2, 175 K Leicester. 2, 230 D - 4 ______2, 233 Yancey: Clermont: 1 com- B Clifton. __ 2,348 L Lime- E-5 ______2,239 A East A Batavia _ 1,861 m unity__ 1,535 C Creston.. 2,337 stone____ 2, 067 F—6 ______2,268 Burnes- B Franklin. 2, 151 Meigs: D Elk______2,452 M Reems G—7 ______2,088 v ille ____ _ 2, 504 D Jackson _ 1, 870 1 com- E Grassy Creek____ 2,097 H-8 ______2,099 B West E M ia m i__ 1, 737 m u n ity__ 1,708 C r e e k ___ 2, 274 N Sandy J—9______2, 258 Burns- F M onroe__ 1,950 Montgomery: F Helton___ 2, 304 M u sh ____ 2, 376 K - 1 0 ______2,199 v ille _____ 2, 475 G O h i o ___ 2,068 1 com- G Horse * P Swanna- L - l l ______2,227 C Cane H P ie rc e __ 1,773 m u nity_ 1,500 M—12 ...... C r e e k ___ 1,357 noa______2,153 2,222 River ___ 2, 413 J Stone- Monroe: H Hurri- N—13 ______2, 102 D Upper R Weaver- lick ____ 1,686 1 com- cane 2,153 v ille _____ 2,059 0 - 1 4 ______2, 358 Egypt . . . 2,446 K T a t e ____ 2, 016 m u nity_ 1,875 J Jefferson. 2,271 S West Bun- P-15 __ 2,220 E Lower K Laurel___ 2,268 com be___2,133 Q - 1 6 ______2, 201 Egypt . . . 2, 420 L U n io n __ 1,756 Morgan: L North Burke: Mitchell : F Ramsey- M Washing- 1 com- F o r k ____ 2, 299 1 com- A Bakers- town ___ 2, 253 ton 1,935 m u n ity_ 2,363 v ille _____ 2, 284 G Green M Obids___ 2, 500 m u n ity__1,671 N W a y n e __ 1,949 Noble: N Old B Brad- Moun- Caldwell: O Williams- 1 com- F ie ld s ___ 2,545 1 com- s h a w ____ 2,315 tain ____ 2, 294 1,755 O Peak m u n ity __1,968 C Cane H Brush b u r g ____ 2, 083 m u n ity _ C r e e k ___ 2,322 Catawba: Creek____ 2, 323 C r e e k ___ 2, 341 Clinton: Pickaway: P Piney 1 commu- D Fork J Upper 1 com- 1 com- Moun- Creek ___ 2,198 n ity _____ 20 Jacks m unity__ 1,803 munity __ 1,510 Q Pine t a in _____ 2,517 Creek ___ 2, 417 Cherokee: Delaware: Pike: S w am p __ 2,501 1 com- E Grassy K Lower R Pond munity __ 2,118 Creek____ 2, 236 Jacks 1 com- 1 com- Moun- Clay: F Herrell A . 2,421 C r e e k ___ 2,279 m u n ity __ *0 m u n ity _ 1,897 tain ____ 2,457 1 com- G Herrell B_ 2, 471 L East Crab- Fayette: Preble: H Little S Walnut m u n ity __1,912 t r e e _____ 2,259 1 com- 1 com- H i l l _____ 2, 264 Cleveland: R o c k ____ 2, 610 M West m unity__ m u n ity _ 1, 500 T West Jef- 1 com- J Poplar____ 2,301 Crab- 1, 756 ferson___ 2, 315 m u n ity __1,431 K Red Hill. 2,343 tree ____ 2,405 Gallia: Ross: Avery: Davidson: L. Snow • N Upper A d d iso n ___ 1,835 1 com- 1 com- 1 com- Creek____ 2, 570 South C h e sh ire __ 1,929 munity . . 1,741 Polk: niunity __ 2, 511 m u n ity __1, 889 T o e _____ 1,998 C l a y ------2, 034 »Scioto: Brunswick: Gaston: 1 com- O Lower Gallipolis__ 1 com- 1 com- 1 com- m unity__ 2, 254 South 1,850 2, 044 m u n ity__ 1,578 m u n ity __ 2 0 Rutherford : Toe 2, 309 G r e e n _____ 1,923 m u n ity_ Buncombe: Graham: 1 com- P Pensa- Greenfield . 1,802 Union: A Asheville. 2,019 1 com- munity __ 1,393 c o la _____ 2, 517 G u y a n ____ 2, 006 1 com- B Avery’s munity __ 2,121 Stokes : Q Prices H a rris o n __ 1,855 munity — »0 Creek____ 1, 835 Granville: 1 com- Creek ___ 2, 394 Huntington. 1,970 Vinton: C Black 1 com- Moun- m u n ity __12,971 m unity__ 2,122 M o r g a n ___ 1,873 1 com- tain ____ Ohio _ . 1,865 munity — 2,068 1,983 Haywood: Ohio D Broad Beaverdam _ 2,142 Perry 1,919 Warren: River ____ 2,091 Clyde______2,091 Adams : Raccoon ___ 1,876 1 com- E Fairview__ 2, 028 Crabtree___2,108 B ra t to n ___ 2,041 L ib erty ____ 2, 151 Springfield. 1,806 munity __ .1,964 F Flat East Fork_2, 255 Brush Man- . Creek____ 2,134 W a ln u t _____ 1,945 C r e e k ___ 1,955 Chester__ 2,178 P ennsylvania 1 Adjusted in accordance with the Act. F r a n k lin __ 1,890 Meigs 1, 925 2 No Burley production during the period G r e e n _____ 1,938 M o n r o e ___ 1,936 Lancaster: 1960-64. Jefferson__ 2, 052 Oliver ____ 1,973 1 community______2,231

FEDERAL REGISTER, VOL. 32, NO. 26— WEDNESDAY, FEBRUARY 8, 1967 RULES AND REGULATIONS 2607

So uth Carolina T ennessee— Continued T ennessee— Continued County Commu- County Commu- County Commu- County Commu- County Commu- County Commu- and nity and nity and nity and nity and nity and nity commu- average commu- average commu- average commu- average commu- average commu- average nity yield nity yield nity yield nity yield nity yield nity yield Cherokee: York: Giles: Hancock: Johnson— Con. 1 com­ 1 com­ A ______1,483 A ______2,302 E ______2,493 R ______.__ 1,661 munity — 1, 645 munity __ 2 0 B ______— _ 996 B ______2,152 P _____ — _ 2,433 S ______— 1,647 Spartanburg: C ______.___ 1,700 C ______2,015 G ______.__ 2,300 T ______.__ 1,845 1 com­ D ______. _ 1,919 D ______2,072 H ____ 2,465 Macon: munity __1,992 E ______1,888 E ______2,091 J ______2,532 A ______.__ 2,026 K ______T ennessee P ______1,539 P ______2,094 — 2,405 B ______.__ 2,006 G ______1,582 G ______2,042 Knox: C ______.__ 1,719 Anderson: L ______2,584 H ______1,664 H ------2,190 B ____ 1,817 D .__ 1,771 1 com­ M ______2,222 J ______1,329 J ______*__ 2, 446 C ______- 2,079 E ______.__ 2,071 munity __ 1,902 N ______2,288 K ______1,665 K ______2,379 D _____ — 1,872 F ______.__ 2,025 Bedford: 0 __2,718 L ______1,686 L ______2,258 E ______— 2,130 G ______1,917 1 com­ P ------2,445 M ______1,702 M ______2,163 G __ __ _ 1,764 H ______.__ 1,985 munity __ 1,610 Q ______2,606 N ______1,853 N ______2,396 H ______— 1,957 J ______.__ 1,998 Benton: R ______2,310 O ______1,692 Hardin: J — 1,764 K ______.__ 1,883 1 com- - S ______2,242 P ______1,862 1 com­ K ______.__ 1,970 L — 2,057 munity __ 1,714 T ------2,319 Q - - ___ 1,711 munity - - 11, 707 L ______—_ 1,730 M ______.__ 1,894 Bledsoe: U ______2,235 R ...... ___ 1,690 Hawkins : M ______.__ 1,965 N _ 1,997 1 com­ V ______2,314 S ______1, 594 A ______2,026 N ___ .__ 1,827 Marion: munity 1,751 W ______2,450 T ______1,761 B ______1,837 O ______— 1,956 1 corn- Blount: X ______2,279 TJ ______1,778 C ______1,912 P ______.__ 1,907 munity _ 1,562 A ...... _ 1,693 Y ______2, 612 V ______1,638 D ______1,928 Q ------— 1,786 Marshall : B ...... — 1,941 Z ______2,342 w ______1,660 E ______1,957 R ______- _ 1,868 A ______.__ 1,658 C ...... __ 1,766 Clay: X ______1,694 P ______1,991 Lawrence : B ______.__ 1,639 D — ___ — 1,811 A ______1,983 Grainger: G ______2,086 1 com- E ______1,749 C ______.__ 1,375 B ------1,808 A ______2,025 H ______2,095 munity D ______.__ 1,334 F ______— 1,874 — 1,623 C ______2,267 B ______2,140 J ______2,156 E ______— 1,441 G ...... __ 1,748 Lewis: D ______1,969 C ______2,302 K ______2,060 P __ 1,534 H ...... __ 1,667 1 com- E ______2,109 D ______2, 109 L ______2,098 G ______J ...... — 1,931 munity __ 1,684 __ 1,551 P ______1,999 E ______2,183 M ______2,306 H ______1,548 K ______1,793 Lincoln: G ______2,041 P ______2,128 N ______2,389 J ______1,624 L ______1,961 A ______1,585 Cocke: G ______2,088 0 ----- 1,833 K ______1,661 M ______1,972 B ______1,586 A ...... _ 2,145 H ______. 2,108 P ___...... 2,035 L ______1,740 N ...... __ 1,832 __ 1,521 B ______2,100 J ______2,323 Q ______1,932 C ------M ______1,558 0 ______1,618 ______D ______1,832 C ______1,851 K ______— 1,883 R ...... 2,121 N ______1,606 P ______1,733 E ______1,670 D ______1,877 L ______2,242 S ______2,177 O ______1,803 Q ------__ 1,481 P ______— 1,752 E ______2,034 M ______2,327 T ______2,155 Maury: R ______— 1, 675 N ______1,880 G _ __ 1,705 P ...... 1,985 U ______2,056 A ______1,598 s ...... __ 1, 849 O ______2,017 H __ _ _ 1,483 G ______1,930 V ...... 2,226 B ______1,599 Bradley: P ______2,250 J ______1,545 H ______2,014 Henry: C ...... __ 1,553 1 com­ Greene: K ______1,577 J ______2, 009 1 com­ D ______1,553 munity __ 1,566 A ______2,206 L ______1,419 K ...... 2,217 munity __ 1, 637 E ______1,639 Campbell: B ______M ______1,506 L — — _____ 1,986 ___ 2,149 Hickman : P ______1,580 1 com­ N ______1,660 Coffee: C ______2,262 1 com­ G ______O ______1,750 __ 1,598 munity — 2,154 1 com­ D ______1,897 munity __1, 610 H ______P ______1,570 — 1,613 Cannon: munity __1, 772 E ______1, 959 Houston: J ______1,688 P ...... ___ 1,806 Q ------__ 1,717 1 com­ Cumberland: 1 com­ K ______1,649 1 com­ G ______1,923 R ______1,625 munity — 1,650 munity __1,537 Meigs: munity __ 2,034 H _ '_____ .__ 1,914 Humphreys: S ______1,498 Carroll: 1 com- 1 com­ Davidson: J ------_ _ 2,194 1 com­ T _,______1,739 ___ 2,136 U ______1,739 munity _ 1,626 munity — 869 1 com­ K ______munity __1, 813 munity __ 1, 721 L ______1,967 Jackson: V ______1,604 Monroe: Carter: A ______Decatur: M ______.__ 1,990 A ______1,659 w ______1,722 __ 1,857 A _____ 2,304 B ______' __ 1,849 1 com­ N ______.__ 2,180 B ...... 1,597 X ______1,557 B ...... 2, 592 C ______1,739 munity __ 809 O ______2, 202 C ______1,610 Y ______1,721 C ______2, 254 D ______A ______1,683 P ______.__ 2,269 D ------1,973 Loudon: __ 1,629 D ____ 2,399 E ______1,666 B ______1,677 Q ------.__ 1,978 E ______1,812 A ______1,763 E ...... 2,064 P __ 1,694 C ______1, 779 R ______2,045 P ...... 1,730 B ______1,786 P ___ 2,177 G ______1,516 D ______1,577 S ______2,298 G ______2,039 C ...... __ 1,800 G ______2, 223 H ______1,690 E ______1,764 T ______2,023 H ______1,672 D ______1,804 H ____ 2,274 J ______1,780 U ...... __ 2,162 J ------1,713 E ______1,838 J _____ 2,236 P _____ 1,809 V ...... __ 1,922 K ______1,780 P — __ __ 1,850 Montgomery K ...... 2,317 G ______1,910 W ______2,225 L ------1,685 G ______1,871 A ______2,114 L __ 2,116 H ______1,849 X ______.__ 2,097 M ______1, 742 H ______1,748 B ______— 1,832 M ____ _ 2,358 J ______1,649 K ------1,561 Y ______2,169 N ______1,605 J ______1,944 C ______1,780 N ...... 2,161 L ...... 1,860 Z ______.__ 2,100 O ______1,722 K ______1,779 D ______._ 1,963 0 ______2,182 Grundy: P ______1,680 L ______1,726 E ______1,548 P — 2, 558 M ______1,663 1 com- Jefferson: McMinn : P ______1,708 Q ...... I 2,258 N ______1,740 munity __ 1,559 A ______2,191 A ______1,716 G ______— 1,647 R ______2 , 221 Dickson: Hamblen: B ______2,090 B ...... __ 1,715 H ______-_ 1,807 Cheatham: 1 com­ J ______— 1,650 1 com­ munity __1,766 A ______.__ 2,349 C ______2,163 C ______._ 1,621 B ______2, 256 D ______2,306 D ______1,689 K ______— 1,505 munity — 2, 018 Dyer: C ______.__ 2,089 E ______— 1,797 L ______._ 1,774 1 com­ E ______1,885 Claiborne: D ______.__ 2,059 P ______1, 679 M ______— 2,017 A ___ __1, 255 P ______1,994 2,284 munity G ...... N .__ 1,467 B __ E ______2,037 G ______2,142 __ 1,752 2,202 Fentress : P ______2,161 H ______1,915 H ______1,705 O ______-_ 1,786 C ___ ” ” 2, 371 1 com­ p ______._ 1,537 D G ______2,199 J ______2,163 J ______1,680 2,155 munity __2,147 H ______2, 237 Johnson : K ______— 1,754 Q ------._ 1,514 E ... 2, 348 R ______._ J ,491 P ____ Franklin: J ...... 2,173 A ______2,478 L ______— 1,726 2, 482 1 com­ M ______1,624 S ______- 1,508 G —_ Hamilton: B ______2,292 2, 230 munity __1,684 T ______. 1,581 H __ 1 com- C ______2,225 N ...... __ 1,885 2,458 munity __ 1,350 D ______2,453 G ______1,596 Morgan: J__ 2,287 1 com- K _ P ...... __ 1,613 2,314 1 Adjusted in accordance with the Act. Q ...... __ 1,675 munity .._ 1,667

FEDERAL REGISTER, VOL. 32, NO. 26— WEDNESDAY, FEBRUARY 8, 1967 No. 26—Pt. I ----- 2 2608 RULES AND REGULATIONS

T ennessee— Continued T ennessee— Continued V irginia— Continued County Commu- County Commu- County Commu- County Commu- County Commu­ County Commu- and nity and nity and nity and nity and nity and nity commu- iaverage com mu- average commu- average commu- average commu­ average commu- average nity yield nity yield nity yield nity yield nity yield nity yield Moore: Union— Con. Williamson: Grayson : Russell: 1 com- D ______2,045 D ...... 2,230 A ...... 1.712 1 com­ Lebanon___2,439 munity „ 1,799 E ...... ____1,909 E - ...... — 2,042 B ...... 1,742 munity __2,224 Elk Garden. 2,362 Overton: F ______1,748 p ______2,231 C ...... 1,585 Halifax: New Gar­ 1 com- G ...... ____1,794 G ______2, 077 D ______1.598 1 com­ den ------2,482 munity 2,059 H ______1,685 H ______2,091 E ...... 1,684 munity __1, 965 Cleveland . 2,363 Pickett: J ______1, 837 J ...... 2,194 p ______1,438 Lee: M occasin_2,681 1 com- K ______1,812 K ...... - 2,331 H ______1,721 South Castle wood. 2,300 munity 2,093 L ______1,747 L ______2,103 j ______1,764 Jones- Copper Polk: M ______1,797 Van Buren: K _____- 1,724 v ille _____ 2,162 C r e e k ___2,648 1 com- N ______1,763 1 com­ L ______1,611 Yokum Sta­ Scott: munity 1,565 O ______1,786 munity — 1, 790 M ______1, 520 tion ______2,279 D e k a lb ____2,213 Putnam: P ______1,794 Warren: N . . . ______1,521 West Bose Estillville 2,045 A ______— 1,822 Stewart: 1 com­ O ______1,626 H i l l _____ 2,192 Floyd . 2,231 B ...... 1,937 1 corn- munity __1, 789 P ______1,519 Rocky Sta­ Fulkerson__2,195 C ______1,856 m u n ity __1, 563 Washington: R ______1,449 tion _____ 2,266 Johnson __ 2,437 D ...... ' 1,924 Sullivan: A ______2,232 S ______1,754 White Powell ____2,108 E ...... 1,826 A ______2,022 B ______2, 291 T ______1,437 S h o a ls __2, 290 Taylor _____ 2,202 F ______1,907 B ______1,960 C ______2,358 U ______1,738 Jonesville__2,372 Smyth: G ______— 2,073 C ______2,095 D — ______2,166 V ______1,713 Rose Hill— 2,293 Rich Valley- 2,226 H ______„ 1,936 D ______2,144 E ______2,248 W ______1, 599Madison : M a rio n ____2,280 J ______— 1,941 E ______2,108 p ______2,214 X ______1, 594 1 com­ St. Clair__ 2,399 K ...... 1,808 F ______2,136 G ...... — 2,146 Y ___ 1,527 munity --2,148 Tazewell: L ...... 1,784 G ______2, 135 H — ...... 2,098 Wilson : Mecklenburg : 1 com­ M ______— 1,761 H ______2,025 J ______2,238 A ...... 1,578 1 com­ munity _ 2,226 N ...... — 1,783 J ______2,119 K ______— 2,198 B ______1,832 munity __1, 793 Washington: O ______1,696 K ______1,967 L ______2,239 C ______i, 785Montgomery: Abingdon _ 2,263 P ______— 1,807 N ______1,999 M ______2,103 D ______1,805 1 com­ Glade Rhea: O ______2,040 N ______2,246 E ______1,763 munity __ 1*986 Spring 2,322 1 com- P ______1,900 0 — ______2,339 p ______1, 766 Nelson: North munity „ 1,758 Q ------____2, 125 P ______2,207 G ______1,666 1 com­ Goodson - 2,363 Roane: S ______2,083 Q ______2,234 H ...... 1,659 munity __ 2,304 South 1 com- T ______2,149 R ______2,376 J ______1,849 Nottoway : Goodson _ 2,159 munity 1,716 U ______2,041 S ______2,242 K — — — 1,602 1 com­ Holston 2,384 Robertson : V ______2,050 Weakley: L ______1,797 munity __1,954 Kinder- A ______— 2,385 Sumner : 1 com­ M ______1, 622Pittsylvania : h o o k ____2,304 B ______2, 278 A ...... ____1,754 munity - 11, 373 N ______1,723 1 com­ North Fork. 2,267 C ______— 2,251 B ______2,031 White: O ______1,718 munity - 12, 182 Saltville — 2,237 P ______1,600 D _____ — 2,138 C ______— 1,816 A ______— 1,929 Powhatan : Wise: E ______— 2,050 D ______1,914 B ______2,094 Q ______1,781 1 com- 1 com- R ______1,435 F ______— 1,766 E ______1,720 C ...... 1,858 munity _ 1,864 munity „ ! G ______— 1,973 F ______1,566 D ...... — 1,833 S ______1,679 Prince Edward : Wythe: H ______— 1,919 G ______1,664 E _____ 2____1,964 T ______1,581 1 com- 1 com- J ______— 2,063 H ______1,922 p ______1,815 U ______. . . 1,627 munity _ 1,901 munity ._ V __11,692 K ____ 2,123 J ...... ____2,043 G ______1,732 Pulaski : L ______1,989 K ______1,850 H __...... „ 2,017 W ______1, 777 1 com- M __...... — 1,940 L ...... ____ 1,644 J ...... 1,995 X ...... 1,371 munity _ 1,806 N ______— 2,064 M ______1,579 K ______2,082 Y ______1,658 Z est Virginia O ...... 2,062 N ______1,850 L ______1,763 ______1,947 W M ______1, 983 P _____ 2,005 O ______1,971 McDowell: N ___2,022 Boone: Q - ...... — 2,068 P ______2,091 1 com- 1 com- ____ 2,342 R ______— 1,979 Q ------V irginia m unity__ 1,844 munity . 1 ____2,191 S ______— 2,289 R ______Cabell : Mason: ____2,117 Albemarle: Carroll: Rutherford : S ______Barbours- Arbucle 1 com- T ______2,110 1 com­ 1 com- 1, 850 munity — 2,116 ville ____ 1,719 Ciendenin munity -_ 1,554 U ______1,881 munity Cooper Amelia: Charlotte: Grant _____ 1,844 Scott: V ______2,083 M cCom as__ 1,714 Cologne ____2,309 1 com­ 1 com- 1 com- W ____ Union ____ 1,922 Graham- munity „ 2,162 X ______2,251 munity _. 1,833 munity „ 1,910 Cumberland: Greenbrier : Wag- Y ______1,799 Appomattox: Sevier : 1 com- 1 com­ gener Z ______1,920 1 com­ A ______— 1,785 munity w 1 2, 039 Hannan Trousdale: munity _. 1,742 m u n ity __ 1,622 B _____ — 1,672 Dickenson: Jackson: Lewis- C ______2,029 A ______1,916 Bedford: Robin- 1 com­ 1 com- 1 com­ D ______— 1,924 B ______1,991 son munity 1, 766 munity — 2,104 munity __ 1,971 E ...... — 1,863 C ...... 4 , 811 Union Bland: Dinwiddie: Kanawha: F ______„ 1,950 D ...... ____1,960 1 com­ 1 com­ 1 com- 1 com­ G ______— 1,915 E ______1,952 munity -- 1,867 F ______1,818 munity 2, 265 munity „ 1,952 munity __ 1,681 H ______-_ 2,106 Floyd: Mercer: G ______1,980 Brunswick: Lincoln : J ______1,702 1 com- 1 com­ K ______' 1,812 Unicoi: 1 com­ C a rro ll_____1,786 munity -- 2,205 munity -- 2, 264 munity „ 1, 822 Duval- L ______— 1,921 A ______2,215 Monroe : Buchanan: Fluvanna: Washing- M ______„ 1,774 B ______2,289 1 com­ 1 com­ 1 com- N ______„ 1,766 C ______2,215 to n _ ...... 1,772 munity — 2,143 munity 2,147 munity-- 1,507 O ------— 1,630 D ______2,125 Harts Buckingham: Franklin: Putnam: E ...... ____2,210 Laurel P ______1,599 1 com­ 1 com- H i l l _____ 1,755 Northside - 1,8" F ______2, 202 Southside - 1. 771 Q _____ — __ 1,680 munity _. 1, 853 m u n ity __ 2, 483 Jefferson__2,095 R ______— 1,886 G ...... ____2,300 Campbell: Giles:1 S h e rid a n __1,703 Raleigh : Smith : . Union: 1 com­ 1 com- U n io n _____ 2, 027 loom - A ______— 2,136 A ______2, 199 munity __ 2,180 munity __ 2,291 Logan: munity -- 1,755 B ...... 1,911 B ______2,130 1 com­ C ______. . 1,880 C ...... ____1,855 1 Adjusted in accordance with the Act. m unity __1, 820

FEDERAL REGISTER, VOL. 32, NO. 26— WEDNESDAY, FEBRUARY 8, 1967 RULES AND REGULATIONS 2609

W est V irginia— Continued yields and preliminary farm yields per the 1967 burley tobacco acreage allot­ County Com m u- County Commu- acre. ments and marketing quotas for their and nity and nity Section 317(a) (7) of the Act, as added farms at least 15 days prior to the hold­ commu- average commu- average by Public Law 89-12, provides for the ing of the special referendum, since the nity yield nity yield determination of the farm yield of to­ special referendum must be held within Ritchie: Wayne: bacco through the use of a “national 45 days after proclamation of the na­ 1 com­ 1 com­ yield factor,” which is obtained by tional acreage allotment under this sub­ munity __ 2 0 munity __1,935 dividing the national average yield goal part, which proclamation has been is­ Roane: '•£ Wirt: 1 com­ 1 com­ by a weighted national average yield sued, and since farm marketing quotas munity __2,151 munity __ 2,139 computed by multiplying the preliminary cannot be determined until the deter­ Summers: .. Wood: farm yield for each farm by the acreage minations herein are made, it is hereby 1 com­ 1 com­ allotment determined for the farm pur­ found that compliance with the 30-day munity __ 2, 835 m u nity__1,944 suant to section 317 of the Act prior to effective date provision of 5 U.S.C. 553 (Secs. 317, 375, 79 Stat. 66, 52 Stat. 66, as reductions required under section 317(f) is impracticable and contrary to the pub­ amended; 7 U.S.C. 1314c, 1375) of the Act and dividing the sum of the lic interest. Therefore, these amend­ products by the national acreage allot­ ments shall become effective upon the Effective date : Date of filing this doc­ ment. The 1967 national yield factor date of filing of this document with the ument with the Director, Office of the for burley tobacco of 1.0166, as set out Director, Office of the Federal Register. Federal Register. in § 724.36m(g), was determined by (1) Section 724.36m is amended by adding Signed at Washington, D.C., on Febru­ dividing 11Q.8 percent of the total product two new paragraphs (g) and (h) at the ary 1,1967. of 1966 burley farm tobacco acreage al­ end thereof to read as follows: H. D. G o d f r e y , lotments determined pursuant to section Administrator, Agricultural Sta­ § 724.36m Determinations and an­ 313 of the Act, prior to reduction for any bilization and Conservation nouncements. program violation, for 1967 old farms Service. multiplied by the respective preliminary ♦ * * * * [F.R. Doc. 67-1369; Filed, Feb. 1, 1967; farm yields for such farms (600,057,556 (g ) National average yield factor. The 3:51 p.m.] pounds), by the national acreage allot­ national average yield factor is hereby ment of 277,272.73 acres to obtain a determined to be 1.0166. weighted national average yield of 2,164 (h ) Periods of years used in determin­ [Arndt, la ] pounds, and (2) dividing the national ing community average yields and pre­ PART 724— BURLEY, FLUE-CURED, average yield goal of 2,200 pounds by liminary farm yields. The period of FIRE-CURED, DARK A IR -C U R E D , such weighted national average yield. years used in determining community VIRGINIA SUN-CURED, CIGAR- Section 317(a) (5) of the Act provides average yields and preliminary farm for the determination of “community yields is hereby determined to be 1960 BINDER (TYPES 51 AND 52), CIGAR- average yields” by averaging the yields through 1964. FILLER AND BINDER (TYPES 42, 43, per acre in each community designated (Secs. 301, 313, 317, 375, 52 Stat. 38, as 44, 53, 54, AND 55), AND MARY­ as a local administrative area under the amended, 47, as amended, 66, as amended; LAND TOBACCO provisions of section^ 8(b) of the Soil 79 Stat. 66, 7 U.S.C. 1301, 1313, 1314c, 1375) Conservation and Domestic Allotment Subpart— Quota on Acreage Basis Act, as amended, for the 3 highest years Effective date: Upon filing with« the and on Acreage-Poundage Basis of the 5 years 1959 to 1963, except that Director, Office of the Federal Register. for Burley Tobacco for 1967—68, the Secretary may determine to use in Done at Washington, D.C., this 1st day National Average Yield Goal, Na­ lieu thereof the 5 years 1960 to 1964 in­ of February 1967. clusive, for determining such community tional Acreage Allotment, and Na­ H . D. G o d f r e y , average yields. It has been determined tional Acreage Factor Administrator, Agricultural Sta­ that the period of years 1960-64, inclu­ bilization and Conservation (1) Announcement and apportion­ sive, rather than the period' of years Service. ment of the national marketing quota 1959-63 used for 1966,'will be used in de­ on an acreage basis for Burley tobacco termining community average yields and [F.R. Doc. 67-1370; Filed, Feb: 1, 1967; for the 1967-68 marketing year— (2) preliminary farm yields for 1967, in view 3:50 p.m.] determinations and announcements on of the facts that (1) the national average an acreage-poundage basis for Burley yield goal has been increased from that [Sugar Reg. 811, Arndt. 1] tobacco of (A) the Secretary’s determi­ used for 1966, (2) current actual yields nation that acreage-poundage quotas are more in line with the yields obtained PART 811— CONTINENTAL SUGAR will result in a more effective marketing during the period 1960-64 than with REQUIREMENTS AND AREA QUOTAS quota program for the 1967-68 market­ yields obtained during the 1959-63 pe­ ing year, (B ) the national marketing riod, and (3) available information in­ 1967 quota for the 1967-68 marketing year, dicates that use of the 1960-64 period Basis and purpose and statement of (C) the 1967 national average yield would generally benefit more farms bases and considerations. The purpose goal, (D) the 1967 national acreage than would use of the 1959-63 period. of this amendment to Sugar Regulation allotment, (E ) the 1967 reserve acreage Despite variance in yields during 1964 811 (31 F.R. 15581) is to revise the de­ for making corrections in farm acreage throughout the burley producing areas, termination of sugar requirements for allotments, adjusting inequities, and the 1964 yields are generally considered the calendar year 1967, establish quotas, establishing acreage allotments for new to be more applicable with respect to the prorations and direct-consumption limits farms, and (F) the 1967 national acreage increased national yield goal than yields consistent with such requirements, pro­ factor. during 1959. The period of years as de­ rate the quota withheld from Southern Basis and purpose. These amend­ termined by the Secretary is provided for Rhodesia and to make required determi­ ments are issued pursuant to and in ac­ in § 724.36m(h). nations regarding the failure of some cordance with the Agricultural Adjust­ Notice that the Secretary was contem­ foreign countries to completely fill their ment Act of 1938 (7 U.S.C. 1281 et seq.), plating issuing these determinations was respective 1966 quotas pursuant to the as amended, particularly by Public Law given in the issue of the F ederal R e g is ­ Sugar Act of 1948, as amended, herein­ 89-12, approved April 16, 1965 (7 U.S.C. ter of November 15,1966 (31 F.R. 14560). after referred to as the “Act.” 1314c), to announce for the 1967-68 mar­ The data, views or recommendations sub­ Section 201 of the Act directs the Sec­ keting year the national yield factor and mitted pursuant to such notice have been retary to revise the determination of to designate the period of years to be considered within the limits permitted sugar requirements at such time during used in determining community average by the Act. Since burley tobacco farm the calendar year as he deems necessary. operators must under section 317 of the On December 7, 1966, the quantity of 3 No Burley production during thlPperiod 1960-64. Act, insofar as practicable, be notified of sugar needed to meet the requirements of

FEDERAL REGISTER, VOL. 32, NO. 26— WEDNESDAY, FEBRUARY 8, 1967 2610 RULES AND REGULATIONS consumers In the continental United force majeure. Evidence submitted by or marketed for consumption in the States for the year 1967 was determined Bolivia substantiates that the inability continental United States are estab­ to be 10,200,000 tons. That determina­ to fill its 1966 quota resulted from a dras­ lished, pursuant to section 202(a) of the tion allowed for a possible reduction dur­ tic reduction in the production of sugar Act, in Column (1) and the amounts of ing 1967 of about 150,000 tons in the from the 1966 crop because of a drought such quotas for offshore areas that may inventories of quota sugar held by re­ during the growing season and heavy be filled by direct-consumption sugar finers and users. It is now known that rains during the harvest season. Ac­ are established, pursuant to section 207 the inventories of quota sugar at the be­ cordingly, it is found, under section 202 of the Act, in Column (2) as follows: ginning of 1967 were slightly smaller (d) (4) of the Act, that such failure of [Short teas, raw value] than anticipated at the time of the initial Bolivia to fill its 1966 quota was due to quota action. Furthermore, with the crop disaster or other force majeure. passage of time, it is no longer necessary Pursuant to section 202(d)(4) it is Direct- Area Quotas consump­ to provide in the same degree for the hereby determined that the 1966 quota tion limits contingency of inventory reductions. for each foreign country other than The domestic price of raw sugar was those for which force majeure was found (1) (2) 7.10 cents per pound on January 1 and was filled within a reasonable tolerance 7.20 cents on January 31. In the devel­ considering circumstances which existed Domestic beet sugar______3.025.000 no limit Mainland cane sugar...... 1,100, 000 no limit opment of this amendment to the regula­ during 1966. Hawaii______I...... 1,252,884 35,226 tion, consideration has been given to the By virtue of the authority vested in Puerto Rico___.-...... 1.140.000 154,500 Virgin Islands______15,000 desirability of obtaining fairly stable the Secretary of Agriculture by the Act, 0 sugar prices that will carry out over the Part 811 of this chapter is hereby amend­ long term, the price objectives set forth ed by amending §§ 811.50, 811.51, and * * * * * in section 201 of the Act. 811.53 as follows: 3. Section 811.53 is amended by Accordingly, total sugar requirements 1. Section 811.50 is amended to read amending paragraphs (b) and (c) to for the calendar year 1967 are hereby as follows: read as follows: increased by 100,000 short tons, raw § 811.50 Sugar requirements, 1967. § 811.53 Quotas for foreign countries. value, to a total of 10,300,000 short tons, raw value. The amount of sugar needed to meet * * * * * The quota for Hawaii has been in­ the requirements of consumers in the (b) For the calendar year 1967 the creased by 12,492 short tons, raw value, continental United States for the cal­ quota for the Republic of the Philippines pursuant to section 202(a) (2) (B) of the endar year 1967 is hereby determined to is 1,115,160 short tons, raw value, and Act. be 10,300,000 short tons, raw value. the quantity of such quota that may be The 1967 quota which otherwise would 2. Section 811.51 is amended by filled by direct-consumption sugar is have been established for Southern amending paragraph (a) to read as fol­ 59,920 short tons, raw value. Rhodesia was withheld in Sugar Regula­ lows: (c) For the calendar year 1967, the tion 811 (31 F.R. 15581) pending a pos­ prorations or allocations to individual § 811.51 Quotas for domestic areas. sible action by the President pursuant to foreign countries other than the Re­ section 202(d)(1)(B) of the Act. On (a) For the calendar year 1967 do-public of the Philippines pursuant to January 3, 1967, the President of the metic area quotas limiting the quanti­ section 202(c) (3) and (4) and section United States made the following find­ ties of sugar which may be brought into 202(d) of the Act are as follows: ing with respect to Southern Rhodesia: [Short tons, raw value] J a n u a r y 3,1967. To: The Secretary of Agriculture. Temporary quotas and prorations Subject: Finding pursuant to section 202 Total quotas Country Basic quotas and prorations (d) (1) (B) of the Sugar Act of 1948, as Pursuant to Pursuant to amended by the Sugar Act Amendments Sec. 202(d)(1) Sec. 202 (d)(1) of 1965. (A) and Sec. (B)> 202(d)(6)1 In view of the continuing world tensions resulting from the unilateral declaration of independence by Southern Rhodesia, I find Mexico...... 204,583 211,270 1,263 417,116 Dominican Republic. that it would be contrary to the national in­ 200,083 206,624 1,236 407,943 Brazil______200,083 206,624 1,236 407,943 terest of the United States to establish a Peru______... 159,590 164,808 986 325,384 sugar quota for Southern Rhodesia for 1967. British West Indies.. 79,927 72,984 464 153,375 You are directed to take the necessary steps Ecuador______29,113 30,064 180 59,357 French West Indies.. 25,143 22,958 146 48,247 to see that no sugar or liquid sugar origi­ Argentina______24,013 25,418 152 50,183 nating in Southern Rhodesia is imported into Costa Rica____'.____ 23,555 25,723 150 49,428 the United States during 1967. Nicaragua______23,555 25,723 150 49,428 Colombia______21,173 21,865 131 Hi 43,169 L y n d o n B. Jo h n so n . Guatemala______19,850 21,678 126 41,654 Panama______;____ 14,821 15,305 91 30,217 The quota withheld from Southern El Salvador______14,556 15,898 92 30,546 Haiti______11,116 11,479 69 22,664 Rhodesia in prorated herein to Western Venezuela______10,057 10,386 62 20,505 Hemisphere countries pursuant to sec­ British Honduras___ 5,822 5,317 34 11,173 Bolivia...___ ...... 2,382 2,460 15 4,857 tion 202(d) (1) (B) of the Act. Australia______95,278 87,000 182,278 The Secretary determined on August Republic of China... 39,699 36,250 75,949 India______38,111 34,800 72,911 26, 1966 (31 F.R. 11307) that the failure South Africa______28,054 25,616 53,670 of the Republic of the Philippines to fill Fiji Islands...... 20,908 19,092 40,000 that part of its 1966 quota in excess of Thailand______8,734 7,975 16,709 Mauritius...... 8,734 7,975 16,709 1,202,978 short tons, raw value, was due Malagasy Republic.. 4,499 4,108 8,607 Swaziland______3,441 3,142 6,583 to crop disaster and other force ma- 5,351 jeure. On the basis of the evidence on Ireland...... 5,351 which that determination was made it is Total...... 1,322,831 1,322,542 6,583 2,651,956 herein found, under section 202(d) (4) of the Act, that the failure of the Republic 1 Proration of the quota withheld from Cuba and the proration of the quota for Honduras to Central American of the Philippines to fill its reduced 1966 Common Market countries. * Proration of the quota withheld from Southern Rhodesia. quota was due to crop disaster or other

FEDERAL REGISTER, VOL. 32, NO. 26— WEDNESDAY, FEBRUARY 8, 1967 RULES AND REGULATIONS 2611

(Secs. 201, 202, 207, and 403; 61 Stat. 923 as of producers who are part of the neces­ 22, 1964. Accordingly, the order became amended, 924 as amended, 927 as amended sary supply for the market. Without final and the stays of effective date for and 932 as amended; 7 U.S.C. 1111, 1112, this action dairy farmers associated with §§ 19.600,19.601,19.605, and 19.606 ended 1117, and 1153) this plant would lose producer status and with the denial of certiorari. Effective date. This action increases their returns at order prices would be The National Cheese Institute, Inc., quotas by 100,000 tons and prorates the threatened. 110 North Franklin Street, Chicago, 111. quota of Southern Rhodesia of 6,583 short Therefore, good cause exists for mak­ 60606, and The Italian Fresh Cheese tons, raw value, to Western Hemisphere ing this order effective upon publication Manufacturer Association, 3480 Fulton countries. In order to promote orderly in the F ederal R eg ister . Street, Brooklyn, N.Y. 11208, in behalf of marketing, it is essential that all per­ It is therefore ordered, That the afore­ their member Anns manufacturing and sons selling and purchasing sugar for said provision of the order is hereby sus­ distributing cheeses, have requested ad­ consumption in the continental United pended for the month of January 1967. ditional time to bring the labels of their States be able as soon as possible to make (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. products into compliance with the above- plans based on changes in the market­ 601-674) identified standards. ing opportunities. Therefore, it is hereby The Food and Drug Administration determined and found that compliance Effective date: Upon publication in will not recommend regulatory action F ederal R e g ister . with the notice, procedure and 30-day the under the label requirements of the sub­ effective date requirements in 5 U.S.C. Signed at Washington, D.C., on Feb­ ject standards prior to the date which 553 is unnecessary, impracticable and ruary 2, 1967. is 90 days from the date of this publica­ contrary to the public interest and this G eorge L. M e h r e n , tion in the F ederal R eg ister . amendment shall become effective when Assistant Secretary. (Secs. 401, 701, 52 Stat. 1046, 1055, as amend­ published in the F ederal R eg ister . [F.R. Doc. 67-1508; Filed, Feb. 7, 1967; ed 70 Stat. 919, 72 Stat. 948; 21 U.S.C, 341, 371) Signed at Washington, D.C., this 3d 8:49 a.m.] day of February 1067. Dated: January 27,1967.

J o h n A. S c h n it t k e r , J. K . K ir k , Acting Secretary. Title 21— FOOD AND DROGS Associate Commissioner [F.R. Doc. 67-1491; Filed, Feb7 7, 1967; for Compliance. 8:47 a.m.] Chapter I— Food and Drug Adminis­ [F.R. Doc. 67-1494; Filed, Feb. 7, 1967; tration, Department of Health, Edu­ 8:48 a.m.] cation, and Welfare Chapter X— Consumer and Marketing Service (Marketing Agreements and SUBCHAPTER B— FOOD AND FOOD PRODUCTS PART 120— TOLERANCES AND EX­ Orders; Milk), Department of Agri­ PART 19— CHEESES, PROCESSED EMPTIONS FROM TOLERANCES FOR culture CHEESES, CHEESE FOODS, CHEESE PESTICIDE CHEMICALS IN OR ON RAW AGRICULTURAL COMMODI­ [Milk Order 132] SPREADS, AND RELATED FOODS TIES PART 1032— MILK IN SOUTHERN Confirmation of Effective Date of Order PART 121— FOOD ADDITIVES ILLINOIS MARKETING AREA Upon Denial of Petition for Judicial Review Subpart C— Food Additives Permitted Order Suspending a Certain in Feed and Drinking Water of Ani­ Provision In the matter of establishing defi­ nition and standards of identity for mals or for the Treatment of Food- Pursuant to the provisions of the A gri­ mozzarella cheese, scamorza cheese Producing Animals cultural Marketing Agreement Act of (§ 19.600) ; part-skim mozzarella cheese, P h o r a t e ; P e stic id e and F ood A d d itive 1937, as amended (7 U.S.C. 601 et seq.), part-skim scamorza cheese (§ 19.601) ; T oler ances and of the order regulating the handling low moisture mozzarella cheese, low of milk in the Southern Illinois mar­ moisture scamorza cheese (§ 19.605) ; low A petition (P P 3F0378) was filed with keting area (7 CFR Part 1032), it is moisture part-skim mozzarella cheese, the Food and Drug Administration by the hereby found and determined that: low moisture part-skim scamorza cheese American Cyanamid Co., Agricultural (a) The following provision of the (§19.606) : Division, Post Office Box 400, Princeton, order no longer tends to effectuate the Following a hearing in 1958, the Com­ N.J. 08540, requesting the establishment declared policy of the Act for the month missioner of Food and Drugs published of tolerances for residues of phorate of January 1967: In § 1032.12(a) (2) the in the F ederal R egister of December 22, (0,0-diethyl S-(ethylthiomethyl) phos­ words “the months of August through”. 1964 (29 F.R. 18121), an order establish­ phor odithioate) in or on sugarbeet tops (b) Notice of proposed rule making, ing the above-identified definitions and at 3 parts per million and in or on sugar- public procedure thereon, and 30 days standards of identity, effective 120 days beet roots at 0.3 part per million. notice of the effective date hereof are from publication. An appeal, pursuant The petitioner also proposed (FAP impractical, unnecessary, and contrary to section 701(f) (1) of the Federal Food, 3H0942) establishment of a food additive to the public interest in that : Drug, and Cosmetic Act, was filed with tolerance for residues of phorate in or (1) This suspension order does i the Second Circuit Court of Appeals re­ on dried sugarbeet pulp at 1 part per require of persons affected substant questing review of the Commissioner’s million. or extensive preparation prior to t order as it related to low moisture mozza­ The Secretary of Agriculture has cer­ effective date. rella cheese and low moisture part-skim tified that this insecticide is useful for (2) This suspension order is necessi mozzarella cheese. Subsequently, pend­ the purposes for which the tolerances are to reflect current marketing conditk ing the decision of the Court, the effective being established. and to maintain orderly marketing cc date of the four subject sections After consideration of the data sub­ ditions in the marketing area. (§§19.600, 19.601, 19.605, 19.606) was mitted in the petitions, and other rele­ (3) This suspension order is requesi stayed by orders published in the F ederal vant material, it is concluded that the by several cooperative associations wh R egisters of March 30, 1965 (30 FJR. tolerances established in this order are members comprise a large majority 4130), and April 17, 1965 (30 F.R. 5508). safe and will protect the public health. the producers regularly serving t Upon review by the Second Circuit Therefore, by virtue of the authority market: Court of Appeals, the Commissioner’s vested in the Secretary of Health, Edu­ (4) This suspension action is neces­order of December 22,1964, was affirmed. cation, and Welfare by the Federal Food, sary to maintain pool status during Jan­ After further appeal, the U.S. Supreme Drug, and Cosmetic Act (secs. 408(d) (2 ), uary 1967 for a plant which serves an Court on October 10,1966, denied a peti­ 4 0 9 (c)(1 ), 68 Stat. 512, 72 Stat. 1786; essential function in orderly marketing tion for certiorari seeking review of the 21 U.S.C. 346a(d) (2), 348(c)(1)), and uy handling reserve milk of a large group order of the Commissioner of December delegated to the Commissioner of Food

FEDERAL REGISTER, VOL. 32, NO. 26— WEDNESDAY, FEBRUARY 8, 1967 2612 RULES AND REGULATIONS and Drugs by the. Secretary (21 CFR PART 121— FOOD ADDITIVES hesives is amended by changing the item 2.120), parts 120 and 121 are amended as listed in paragraph (c) (5) as “ Dicyandi- follows: Subpart D— Food Additives Permitted amide” to read “ Cyanoguanidine” (with 1. Section 120.3(e)(5) is amended by in Food for Human Consumption alphabetical repositioning), for consist­ alphabetically inserting in the list of S o d iu m S t e a r y l F u m ar ate ency of nomenclature within existing pesticides a new item, as follows:, regulations. The Commissioner of Food and Drugs, § 120.3 Tolerances for related pesticide (Sec. 701(a), 52 Stat. 1055; 21 US.C. 371(a)) chemicals. having evaluated the data in a petition (F A P 6A2027) filed by Chas. Pfizer & Co., Dated: January 27, 1967. * * * * * Inc., 235 East 42d Street, New York, N.Y. J. K . K ir k , (e) * * * 10017, and other relevant material, has (5) * * * Associate Commissioner concluded that the food additive regula­ for Compliance. Phorate (O.O-diethyl S- (ethylthiomethyl) tions should be amended to provide for phosphorodithioate). the safe use of sodium stearyl fumarate (F.R. Doc. 67-1493; Filed, Feb. 7, 1967; 8:47 a.m.] ***** as a conditioning agent in dehydrated 2. The following new section is added potatoes. Therefore, pursuant to the provisions of the Federal Food, Drug, and to Subpart C of Part 120 : SUBCHAPTER D— HAZARDOUS SUBSTANCES Cosmetic Act (sec. 409(c)(1), 72 Stat. § 120.206 Phorate; tolerances for resi­ 1786; 21 U.S.C. 348(c)(1)), and under PART 191—HAZARDOUS SUB­ dues. the authority delegated to the Commis­ STANCES; DEFINITIONS AND PRO­ sioner by the Secretary of Health, Educa­ Tolerances are established for residues CEDURAL AND INTERPRETATIVE of the insecticide phorate (O.O-diethyl tion, and W elfare (21 CFR 2.120), REGULATIONS § 121.1183(b) is revised to read as follows: S- (ethyltiomethyl) phosphorodithioate) Visual Novelties; Exemption From in or on sugarbeet tops at 3 parts per § 121.1183 Sodium stearyl fumarate. Certain Labeling Requirements million and in or on sugarbeet roots at * * * * * 0.3 part per million. (b) The additive is used or intended The Commissioner of Food and Drugs 3. The following new section is added for use: has received a request, submitted pursu­ to Subpart C of.Part 121 : (1) As a dough conditioner in yeast- ant to section 3(c) of the Federal Haz­ leavened bakery products in an amount ardous Substances Act and § 191.62 of the § 121.296 Phorate. not to exceed 0.5 percent by weight of regulations thereunder, to exempt cer­ A tolerance of 1 part per million is the flour used. tain visual novelty devices containing establishéd for residues o f the insecticide (2) As a conditioning agent in dehy­ perchloroethylene from the placement drated potatoes in an amount not to ex­ requirements of § 191.101(a). Based on phorate (0,0-diethyl S-(ethylthio- the information submitted in the request, methyl) phosphorodithioate) in or on ceed 1 percent by weight thereof. Any person who will be adversely and other relevant material, the Com­ dried sugarbeet pulp for cattle feed when affected by the foregoing order may at missioner concludes that full compliance present therein as a result of application any time within 30 days from the date of for such devices with such requirements of the insecticide to the growing agri­ its publication in the F ederal R egister is unnecessary for the adequate protec­ tion of the public health and safety. cultural crop. file with the Hearing Clerk, Department of Health, Education, and Welfare, Room Therefore, pursuant to the provisions Any person who will be adversely af­ of that act (sec. 3(c), 74 Stat. 374; 15 fected by the foregoing order may at 5440, 330 Independence Avenue • SW., Washington, D.C. 20201, written objec­ U.S.C. 1262) and under the authority any time within 30 days from the date tions thereto, preferably in quintuplicate. delegated to the Commissioner by the of its publication in the F ederal R egister Objections shall show wherein the person Secretary of Health, Education, and Wel­ file with the Hearing Clerk, Department filing will be adversely affected by the fare (21 CFR 2.120), § 191.63(a) is amended by adding thereto a new sub- of Health, Education, and Welfare, Room order and specify with particularity the paragraph, as follows: 5440, 330 Independence Avenue SW., provisions of the order deemed objection­ Washington, D.C. 20201, written objec­ able and the grounds for the objections. § 191.63 Exemptions for small pack­ If a hearing is requested, the objections ages, minor hazards, and special cir­ tions thereto, preferably in quintupli- must state the issues for the hearing. A cumstances. cate. Objections shall show wherein the hearing will be granted if the objections (a ) * * * person filing will be adversely affected are supported by grounds legally suffi­ (31) Visual novelty devices consisting by the order and specify with particu­ cient to justify the relief sought. Ob­ of sealed units, each of which unit is a larity the provisions of the order deemed jections may be accompanied by a memo­ steel and glass cell containing perchloro­ objectionable and the grounds for the randum or brief in support thereof. ethylene, among other things, are ex­ objections. If a hearing is requested, Effective date. This order shall be­ empted from the requirements of § 191.- 101(a) that would otherwise require a the objections must state the issues for come effective on the date of its publi­ cation in the F ederal R egister. portion of the warning statement to ap­ the hearing. A hearing will be granted pear on the glass face of the device: if the objections are supported by (Sec. 409(c)(1), 72 Stat. 1786; 21 U.S.C. 348 ( c )(1 )) Provided, That: grounds legally sufficient to justify the (i) The device contains not more than relief sought. Objections may be accom­ Dated: January 31, 1967. 75 milliliters of perchloroethylene and panied by a memorandum or brief Jn J. K. K ir k , contains no other component that con­ support thereof. Associate Commissioner tributes substantially to the hazard. for Compliance. (ii) The following cautionary state­ Effective date. This order shall become [F.R. Doc. 67-1497; Filed, Feb. 7, 1967; ment appears elsewhere on the device in effective on the date of its publication 8:48 a.m.f the type size specified in § 191.101 (c) in the F ederal R e g ister . and (d ) : (Secs. 4 0 8 (d)(2 ), 4 0 9(c)(1), 68 Stat. 512, PART 121— FOOD ADDITIVES WARNING— HARMFUL VAPORS MAY 72 Stat. 1786; 21 U.S.C. 346a(d)(2), 348(c) RESULT IF BROKEN (D) Subpart F— Food Additives Resulting Contains perchloroethylene. Do not ex­ Dated: January 30, 1967. From Contact With Containers or pose to extreme heat or cold. If broken, Equipment and Food Additives open windows until all odor of the chemical J. K . K ir k , is gone. Associate Commissioner Otherwise Affecting Food Keep out of the reach of children. for Compliance. A d h esives A practical equivalent may be substi­ [F.R. Doc. 67-1495; Filed. Feb. 7, 1967; Effective upon publication of this order tuted for the statement “Keep out of 8:48 a.m.] in the F ederal R egister, § 121.2520 Ad­ the reach of children.”

FEDERAL REGISTER, VOL. 32, NO. 26— WEDNESDAY, FEBRUARY 8, 1967 RULES AND REGULATIONS 2613

Notice and public procedure and de­ the part of the debtor or any other party S tandards for C o l l e c t io n o f C l a im s layed effective date are unnecessary pre­ having an interest in the claim, or to requisites to the promulgation of this any claim based in whole or in part on § 1.910 Aggressive collection action. order, and I so find, since the Federal violation of the antitrust laws. Only the The Veterans Administration will take Hazardous Substances Act contemplates Department of Justice has authority to aggressive action, on a timely basis with such modification of the labeling re­ compromise or terminate collection ac­ effective followup, to collect all claims for quirements under certain conditions. tion on such claims. However, the money or property arising from its Effective date. This order shall be­ standards will govern Veterans Adminis­ activities. tration handling of specific claims sub­ come effective upon publication in the sequent to Department of Justice noti­ § 1.911 Demand for payment. Federal R eg ister . fication that the alleged fraud, false The Veterans Administration will (Sec. 3(c), 74 Stat. 374; 15 U.S.C. 1262) claim, or misrepresentation does not war­ make written demands for the payment Dated: January 31, 1967. rant action by that department. The of all debts which arise from its activi­ Veterans Administration has no author­ ties except in cases where immediate off­ J. K . K ir k , ity to consider or compromise Federal tax set is made against current payments. Associate Commissioner claims. The first demand will advise the debtor for Compliance. of the consequence of his failure to co­ § 1.903 Settlement, waiver, or compro­ operate and of such rights to request [F.R. Doc. 67-1406; Filed, Feb. 7, 1967; ' mise under other statutory or regu­ 8:48 a.m.] latory authority. waiver or further hearing as may exist in the particular case. Prom pt response Nothing in §§ 1.900 through 1.954 is will be made to all communications from intended to preclude Veterans Adminis­ debtors. Where no Veterans Adminis­ Title 38— PENSIONS, BONUSES, tration settlement, waiver, or compromise tration right to offset exists and the of claims under statutes other than the debtor fails to make satisfactory reply, AND VETERANS' RELIEF Federal Claims Collection Act of 1966, second and third demands will be made 80 Stat. 308. See, e.g., 38 U.S.C. 1820(a) at 30-day intervals unless it is apparent Chapter I— Veterans Administration (4) and (5) and 3102(a) and Public Law that further demand would be futile or 87-693 (76 Stat. 593,42 U.S.C. 2651-2653). PART 1— GENERAL PROVISIONS unless prompt suit or attachment is re­ Nor are §§ 1.900 through 1.954 intended quired in anticipation of the departure Standards for Collection, Compromise, to preclude Veterans Administration set­ of the debtor or debtors from the juris­ Suspension or Termination of Col­ tlement, waiver, or compromise of claims diction or his or their removal or trans­ under § 17.48(f) of this chapter for the lection Effort, and Referral of Civil fer of assets or the running of the statute cost of medical or hospital care furnished of limitations. Claims for Money or Property pursuant to § 17.47 (c) (1) or (d) of this § 1.912 Collection by offset. In Part 1, §§ 1.900 through 1.906, 1.910 chapter to persons who are entitled to through 1.921, 1.930 through 1.937, 1.940 hospital care or medical or surgical treat­ The Veterans Administration will ini­ through 1.943 and 1.950 through 1.954 ment or to reimbursement for all or part tiate collection by offset on claims which are added to read as follows: of the cost thereof by reason of “work­ are liquidated or certain in amount and men's compensation” or “employer’s where the right to offset exists. When Standards for C o l l e c t io n , C o m p r o m is e , liability” statutes, State or Federal; right previous demand has been made, offset Su s pe n s io n or T e r m in a t io n o f C o l ­ to maintenance and cure in admiralty; action will be taken when the debtor lection E ffo r t , and R eferral o f C iv il or statutory or other relationships with either agrees to such action or fails to Claims for M o n e y or P r o pe r ty third parties, giving rise to liability for make satisfactory response to the first § 1.900 Prescription o f standards. damages because of negligence or other demand within 30 days. Collections by legal wrong. offset from persons receiving pay or com­ The instructions contained in §§ 1.900 § 1.904 Conversion claims. pensation from the Veterans Administra­ through 1.954 are issued pursuant to the tion will be effected over a period not Public Law 89-508 (Federal Claims Col­ The instructions contained in §§ 1.900 greater than the period such pay or com­ lection Act of 1966, 80 Stat. 308) and through 1.954 are directed primarily to pensation may be expected to continue. the joint regulations thereunder of the the recovery of money on behalf of the See 5 U.S.C. 5514 and 38 U.S.C. 3101. Comptroller General of the United States Government and the circumstances in Collection by offset against a judgment and the Attorney General of the United which the Veterans Administration may obtained by the debtor against the States, Title 4, ChaptervH, Code of Fed­ dispose of claims for less than the full United States will be accomplished in eral Regulations. Except as provided in amount. In addition, the Veterans Ad­ accordance with the Act of March 3, § 1.903, they constitute standards gov­ ministration will assert demands for the 1875, 18 Stat. 481, as amended, 31 U.S.C. erning Veterans Administration collec­ return of specific property or the pay­ 227. The Veterans Administration will tion, compromise, suspension or termi­ ment of its value in cases of conversion. make full use of the cooperative services nation of collection effort, and the refer­ § 1.905 Subdivision o f claims not au­ of other agencies in effecting collections ral to the General Accounting Office and thorized. including utilization of the Army Holdup the Department of Justice for litigation List. of civil claims by the Veterans Adminis­ A debtor’s liability arising from a par­ tration for money or property. ticular transaction or contract shall be § 1.913 Personal interview with debtor. considered as a single claim in determin­ The Veterans Administration will, to § 1.901 Omissions not a defense. ing whether the claim is one of less than the extent feasible, undertake personal The standards set forth in §§1.900 $20,000, exclusive of interest, for the pur­ interviews whenever requested by debtors through 1.954 shall apply to Veterans pose of compromise or termination of and in other cases having regard for the Administration handling of claims for collection action. Such a claim may not amounts involved and the proximity of money and property but the failure of be subdivided to avoid the monetary ceil­ agency representatives to the debtors. ing established by Public Law 89-508 the agency to comply with any provision § 1.914 Contact with debtor’s employ­ of the standards shall not be available (Federal Claims Collection Act of 1966, ing agency. fts a defense to any debtor. 80 Stat. 308). When a debtor of the Veterans Admin­ § 1.906 Required administrative pro­ istration is employed by another agency § 1.902 Fraud, antitrust and tax claims ceedings. excluded. of the Federal Government or is a mem­ Nothing contained in §§ 1.900 through ber of the Military establishment or the . The standards set forth in §§ 1.900 1.954 is intended to foreclose the right Coast Guard and collection by offset can­ through 1.954 do not apply to the han­ of any debtor to appeal or administrative not be accomplished in accordance with dling of any claim as to which there is hearing provided by statute, contract, or 5 U.S.C. 5514, the Veterans Administra­ an indication of fraud, the presentation applicable Veterans Administration Reg­ tion will contact the employing agency of a false claim, or misrepresentation on ulation. in an effort to arrange with the debtor

FEDERAL REGISTER, VOL. 32, NO. 26— WEDNESDAY, FEBRUARY 8, 1967 2614 RULES AND REGULATIONS for payment of the Indebtedness by al­ accordance with the standards set forth thereon and acceleration of the balance lotment or otherwise in accordance with in §§ 1.930 through 1.937 in all cases in due upon default in the payment of any section 206 of Executive Order 11222 of which it is ascertained that the debtor installment should be obtained, together M ay 8, 1965 (30 P it . 6469; 3 CFH 1965 is financially unable to pay the full with security in the manner set forth in Supp., pp. 130, 131). amount or in which the litigative risks §1.197, in every case in which this is § 1.915 Suspension or revocation o f eli­ or the costs of litigation dictate such possible. I f the agency’s files do not con­ gibility* action. tain reasonably up-to-date credit infor­ mation as a basis for assessing a com­ Demands on debtors who are lenders, § 1.919 Interest. promise proposal such information may contractors, brokers, or other partici­ The Veterans Administration may be obtained from the individual debtor by pants in Veterans Administration pro­ forgo prejudgment interest not man­ obtaining a statement executed under grams will include notification that fail­ dated by statute, contract or regulation penalty of perjury showing the debtor’s ure to pay their debts within a reason­ as an inducement to voluntary payment. assets and liabilities, income and expense. able time may be cause for suspension In such cases, demand letters will inform Similar data may be obtained from cor­ or disqualification to the extent author­ debtors that prejudgment interest will porate debtors by resort to balance sheets ized by law. Nothing in this section is be collected if suit becomes necessary. and such additional data as seems re­ intended to be in derogation of the pro­ When a debt is collected in installments quired. visions of 38 U.S.C. 1804(b) and 1804(d) and interest is included, the installment as implemented by §§ 36.4331 and 36.4361 payments will first be applied to the pay­ § 1.932 Litigative possibilities. of this chapter. The failure of any sure­ ment of accrued interest and then to The Veterans Administration will at­ ty to honor its obligations in accord­ principle in accordance with the so- tempt to compromise claims when there ance with 6 U.S.C. 11 will be reported to called “ U.S. Rule” unless a different rule is a real doubt as to the Government’s the Treasury Department at once. is prescribed by statute, contract, or ability to prove its case in court for the Prompt and appropriate Veterans Ad­ regulation. full amount claimed either because of the ministration action will be taken upon legal issues involved or bona fide dispute receipt of Treasury Department notifica­ § 1.920 Documentation o f collection as to the facts. The amount accepted action. tion that a surety’s certificate of author­ in compromise will fairly reflect the prob­ ity to do business with the Federal Gov­ An appropriate file will be maintained ability of prevailing on the legal ques­ ernment has been revoked or forfeited. for each claim completely documenting tion involved, the probabilities with § 1.916 Liquidation o f collateral. all Veteran? Administration collection respect to full or partial recovery of a action and the bases for any compromise judgment having due regard to the avail­ The Veterans Administration will ex­ or for suspension or termination of col­ ability of witnesses and other evidentiary ercise its rights to liquidate security or lection action. support for the Government claim, and collateral and apply the proceeds to § 1.921 Additional collection action. related pragmatic considerations. Pro­ debts due it through use of a power of portionate weight will be given the court sale in the security instrument or a non­ Nothing in §§ 1.900 through 1.954 is costs which may be assessed against the judicial foreclosure if the debtor fails to intended to preclude the utilization of Government if it is unsuccessful in liti­ pay his debt, within a reasonable time any other remedy available to the Vet­ gation, having regard for the litigative after demand, unless the cost of dispos­ erans Administration; risks involved. Cf. 28 U.S.C. 2412, as ing of the collateral will be dispropor­ S tandards for C o m p r o m is e o f C l a im s amended by Public Law 89-507, 80 Stat. tionate to its value or the particular 308. circumstances require judicial fore­ § 1.930 Scope and application. § 1.933 Cost o f collecting claim. closure. Collection from other sources, The standards contained in §§ 1.930 including liquidation of security or col­ through 1.937 apply to the compromise The Veterans Administration will at­ lateral, is not a prerequisite to requir­ by the Administrator of Veterans Affairs tempt to compromise claims when the ing payment by a surety or insurance or his designee of claims of the Govern­ cost of collection does not justify en­ company unless such action is expressly ment which arise from the activities of forced collection of the full amount. The required by statute or contract. the Veterans Administration, do not ex­ amount accepted in compromise in such § 1.917 Collection in installments. ceed $20,000 exclusive of interest, have cases may reflect an appropriate dis­ not been referred to the General Ac­ count for the administrative and litiga­ The Veterans Administration will col­ counting Office or the Department of tive costs of collection, having regard for lect claims, with interest, where appli­ Justice, and do not arise out of an ex­ the time required to effect collection. cable, in one lump sum whenever possi­ ception made by the General Accounting The cost of collection normally will be ble. However, if the debtor is financially Office in the account of an accountable a proportionately greatly factor in the unable to pay the indebtedness in one officer. The $20,000 limitation does not settlement of small claims. lump sum, payment may be accepted in apply to loan guarantee indebtedness regular installments. The size and fre­ § 1.934 Joint and several liability. under 38 U.S.C., Chapter 37. quency of installment payments will be W hen two or more debtors are jointly governed by the size of the debt and the § 1.931 Inability to pay. and severally liable, the Veterans Admin­ debtor’s ability to pay, but should not The Veterans Administration will at­ istration will proceed against each for extend more than 3 years or be less than tempt to compromise claims for less than the full amount. Care will be exercised $10 per month except in only the most the full amount when the debtor is clearly that compromise with any one such debt­ unusual circumstances. The Veterans unable to pay the full amount within a or does not release the agency’s claim Administration will attempt to obtain reasonable time or the debtor refuses to against the remaining debtors or estab­ an executed confess-judgment note com­ pay in full and the Government appears lish a morally binding precedent limit­ parable to Department of Justice Form unable to enforce full collection within a ing their liabilities. USA 70a whenever the total amount of reasonable time. The compromise au­ unsecured deferred installments exceeds § 1.935 Settlement for a combination of thority contained in §§ 1.930 through reasons. $750. Other security for deferred pay­ 1.937 will not be utilized to grant equi­ ments may be accepted in appropriate table relief denied under waiver author­ The Veterans Administration may cases. However, installment payments ity. All compromise amounts will bear a compromise specific claims for any com­ may be accepted notwithstanding the reasonable relation to the amount realiz­ bination of the reasons authorized in debtor’s refusal to execute a confess- able under enforced collection procedures §§ 1.931 through 1.934. * judgment note or to give other security. considering the circumstances. Com­ § 1.936 Further review o f compromise § 1.918 Exploration o f compromise. promises payable in installments are dis­ offers. couraged. However, if payment of a The Veterans Administration will at­ compromise by installments is necessary, The Veterans Administration may re­ tempt to affect compromises in claims of an agreement for the reinstatement of fer to the General Accounting Office or $20,000 or less exclusive o f interest in the prior indebtedness less sums paid Department of Justice firm written offers

FEDERAL REGISTER, VOL. 32, NO. 26— WEDNESDAY, FEBRUARY 8, 1967 RULES AND REGULATIONS 2615 from debtors when there Is doubt mains to be liquidated, the applicable (c) Credit data will be omitted in whether the offers should be accepted. statute of limitations has run, and the referrel actions for foreclosure action prospects of collecting by offset are too and in other cases where it is clearly § 1.937 Restrictions. remote. irrelevant to the Government’s case. The Veterans Administration will not (c) Decease of debtor. The debtor is § 1.953 Report o f prior collection ac­ accept either a percentage of a debtor’s determined to be deceased and the Gov­ tions. profits or stock in a debtor corporation ernment has no prospect of collecting in compromise of a claim. Tax-loss from his estate. All Veterans Administration referrals of claims to the General Accounting effects will be considered in negotiating (d ) Cost will exceed recovery. The compromises with business concerns. Office or the Department of Justice will cost of further collection effort is likely be supported by a brief summary of the Standards for S u s p e n d in g or T e r m i­ to exceed the amount recoverable. collection efforts taken by the Veterans n a t in g C o l l e c t io n A c t io n (e) Claim legally without merit. Col­ Administration together with an ex­ § 1.940 Scope and application. lection action should be terminated on a planation for the omission of any collec­ claim whenever it is determined that the tion action prescribed in §§ 1.910 through The standards contained in §§ 1.940 claim is legally without merit. 1.921. through 1.944 apply to the suspension or (f) Claim cannot be substantiated by termination of Veterans Administration § 1.954 Preservation of evidence. evidence. The Veterans Administration collection action on claims which do not will terminate collection action on once The Veterans Administration will exceed $20,000 exclusive of interest and asserted claims because of lack of evi­ preserve documentary evidence relating which have not been referred to the dence or unavailability of witnesses only to all claims asserted on its behalf until General Accounting Office or to the De­ in cases in which court action appears the disposition is authorized under other partment of Justice fo r litigation. sole remaining recourse. Federal Regulation. § 1.941 Suspension o f collection activity. § 1.943 Transfer o f claims. (72 Stat. 1114; 38 UJ5.C. 210) Suspension of collection activity con­ The Veterans Administration normally These VA Regulations are effective stitutes merely the temporary cessation will refer claims to the General Account­ January 15,1967. of collection effort. The Veterans Ad­ ing Office only when the amount exceeds Approved: February 1,1967. ministration will suspend collection ac­ $20,000 exclusive of interest or the par­ tivity on all claims where the debtor ticular circumstances indicate the ca­ By direction of the Administrator. cannot be located after diligent effort pacity of that office to exert collection [ s e a l ] C y r il F. B r ic k f ie l d , and there is reason to believe that future pressure not available to the Veterans Deputy Administrator. collection action may be sufficiently Administration. Claims will be referred productive to justify periodic review [F.R. Doc. 67-1459; Filed, Feb. 7, 1967; to the Department of Justice whenever 8:45 a.m.] and action on the claim having con­ required to renew a judgment or other­ sideration fo r its size and the amount wise protect the interests of the Govern­ which may be realized thereon. Col­ ment. lection action may be suspended tem­ Title 14— AERONAUTICS AND porarily on a claim when the debtor owns R eferrals to GAO or J u s t ic e D epar t­ no substantial equity in realty and is un­ m e n t for L it ig a t io n ' SPACE able to make payments on the Govern­ § 1.950 Prompt referral. ment’s claim or effect a compromise Chapter I— Federal Aviation thereof at the time but his future pros­ The Veterans Administration will refer Agency pects justify retention of the clkim for promptly to the General Accounting Of­ [Airspace Docket No. 67-WE-4] periodic review and action and (a) the fice or to the Department of Justice as applicable statute of limitations has been appropriate claims which are not com­ PART 71— DESIGNATION OF FEDERAL tolled or started running anew or (b) promised or on which collection action is not suspended or terminated in accord­ AIRWAYS, CONTROLLED AIRSPACE, future collection can be effected by offset AND REPORTING POINTS notwithstanding the statute of lim ita­ ance with §§ 1.900 through 1.954. Due tions. Suspension of collection activity consideration will be given the timing of Revocation of Control Area Extensions as to a particular debtor will not defer referrals in relation to any limitations on the timing of suits against debtors. The purpose of these amendments to the early liquidation of any security for Part 71 of the Federal Aviation Regula­ the debt. Every effort will be made to § 1.951 Current address of debtor. tions is to revoke those control area ex­ locate missing debtors sufficiently in ad­ All referrals will include the current tensions that are no longer required as vance of the bar of any applicable stat­ address of the debtor or the name and designated controlled airspace. These ute of limitations to permit the timely address of the agent for a corporation areas are now completely encompassed filing of suit if such action is warranted. upon whom service may be made when by other designated transition areas. If the missing debtor has signed a con­ such addresses are known to the Veterans Since this action imposes no additional fess-judgment note and is in default, Administration. Referrals in which the burden on any person, notice and public referral of the note for entry o f judg­ current address of any party is unknown procedure hereon are unnecessary. ment will not be delayed because of his will include a listing of all prior known In consideration of the foregoing, missing status. addresses and a statement of the steps effective 0001 e.s.t., March 30, 1967, Part 81.942 Termination o f collection ac­ taken to locate each such party. 71 of the Federal Aviation Regulations tivity. is amended as hereinafter set forth: § 1.952 Credit data. Termination of collection activity in­ In § 71.165 (32 F.R. 2068), the follow­ volves a final determination. Collection (a) Every claim referred by the Vet­ ing control area extensions are revoked: activity may be terminated on cases erans Administration to other authority Colorado Springs, Colo. previously suspended. The Veterans will include reasonably current informa­ Sacramento, Calif. Administration may terminate collec­ tion concerning the debtor’s ability to San Francisco, Calif. pay. San Jose, Calif. tion activity and consider closing the Seattle, Wash. (A ) agency file on a claim which meets any (b) Such credit data may take the Stockton, Calif. one of the following standards: form in order of preferences o f: (a) (1) A commercial credit report. (Sec. 307(a), Federal Aviation Regulations, Inability to collect any substantial as amended; 72 Stat. 749; 49 U.S.C. 1348) amount, it is clear that the Govern­ (2) A Veterans Administration investi­ ment cannot enforce collection of any gative report showing the debtor’s assets Issued in Los Angeles, Calif., on Jan­ significant sum from the debtor and and liabilities, income and expenses. uary 31,1967. future prospects for collection are (3) An individual debtor’s statement L ee E. W a r r en, remote. executed under penalty of perjury Acting Director, Western Region. (b) Inability to locate debtor. The reflecting his assets and liabilities and in­ [F.R. Doc. 67-1443; Filed, Feb. 7, 1967; debtor cannot be located, no security re­ come and expenses. 8:45 a.m.]

FEDERAL REGISTER, VOL. 32, NO. 26— WEDNESDAY, FEBRUARY 8, 1967 No. 26—Pt. I---- 3 2616 RULES AND REGULATIONS

cured, they shall be explicitly stated in only for the purposes set forth in Title 32— NATIONAL DEFENSE the contract specifications. Should any § 591.452-6 and only by (1) persons des­ of the factors not apply to the materiel ignated in § 591.405 to appoint contract­ Chapter V— Department of the Army or equipment being procured, they shall ing officers, or (2) contracting officers SUBCHAPTER G— PROCUREMENT be omitted from the contract specifica­ who have been delegated the authority to tions. authorize ordering officers, either on their MISCELLANEOUS AMENDMENTS TO Certificates of Appointment (DD Forms SUBCHAPTER § 591.452 Selection, authorization, and termination o f authorization o f or­ 1539) or by other written délégation of authority. Chapter V of Title 32 is amended as dering officers. (b) Under § 3.605-3 of this title con­ follows: § 591.452-1 Policy. tracting officers may authorize individ­ PART 591— GENERAL PROVISIONS It is Department of the Army policy uals to place calls against blanket (a) that contracting officers appointed purchase agreements. Letters of author­ § 591.103 [Amended] under § 1.405 of this title be responsible ization (§ 591.452-9) shall not be issued 1. The reference to “ § 591.107-50” , in for the efficient performance of the pro­ to such individuals. § 591.103, is changed to read “ § 591.106- curement mission assigned the installa­ (c) Under § 3.607-4 of this title con­ 50” . tion or activity concerned and (b) that tracting officers may authorize individ­ 2. New § 591.357 is added; §§ 591.452, the procurement function not be decen­ uals to make purchases using imprest 591.452- 1, 591.452-2, 591.452-3, 591.452-4, tralized by indiscriminately authorizing funds for payments therefor. Letters of 591.452- 5, 591.452-6, 591.452-7, 591.452-8, ordering officers to take procurement authorization (§ 591.452-9) shall be 591.452- 9, and 591.452-10 are revised; actions which should normally be taken issued to such individuals. and §§ 591.452-11, 591.452-12, 591.452-13, by contracting officers or which can be (d) Individuals to Whom U.S. Gov­ 591.452- 14, and 591.452-15 are revoked, timely processed by contracting officers. ernment National Credit Cards §§ 3.609 as follows: While it is recognized that under certain and 5.101 of this title) are issued may obtain service station supplies or services § 591.357 Human factors engineering circumstances the authorization of or­ in research and development con­ dering officers may be necessary to in­ under Federal Supply Schedule Con­ tracts. sure prompt response to immediate re­ tracts, FSC Group 91. Letters of au­ quirements, the number of ordering thorization (§ 591.452-9) shall not be (a) It is Department of the Army pol­ officers shall be kept to the absolute issued to such individuals. icy to apply principles of human factors minimum considered by the contracting (e) Individuals authorized by AR 725- engineering in the development of weap­ officer as essential for the efficient per­ 50 to order supplies from General Serv­ ons and equipment to assure maximum formance of the assigned procurement ices Administration Stores Depots under effectiveness of the man-machine combi­ mission. MILSTRIP procedures shall not be nation in the operational environment. issu ed letters o f authorization (See A R 70-8.) § 591.452-2 Definition. (§ 591.452-9) . (b) Research and development con­ An “ordering officer” is an individual, (f) Department of the Army aviators tracts for materiel and equipment which military or civilian, under the jurisdic­ authorized by A R 715-232 to make require a human being for operation or tion of the Department of the Army, who emergency purchases while on authorized maintenance shall include in the con­ •is authorized (a) to place calls against flights in Army aircraft shall not be tract specifications specific requirements blanket purchase agreements, (b) to issu ed letters o f authorization for the contractor to perform competent, make purchases using imprest funds for (§ 591.452-9). professional human factors engineering payments therefor, (c) to make over- (g ) Individuals authorized as ordering to insure that human factors engineering the-counter purchases while away from officers for the purposes set forth in principles are incorporated into the de­ the purchasing office or at isolated activi­ § 591.452-6 (a) and (b) shall be issued sign of the initial prototype. ties, (d) to use U.S. Government National letters of authorization, except that (c) Contract specifications shall be credit cards, (e) to order supplies from letters of authorization need not be explicit as to those human factors engi­ General Services Administration Stores issued when individuals authorized to neering applicable to the materiel or Depots under M ILSTRIP procedures, (f) place delivery orders against indefinite equipment being procured. Human fac­ to make emergency purchases while on delivery type contracts have been desig­ tors engineering include, but are not lim ­ authorized flights in Army aircraft, or nated therein by name as ordering ited to, a consideration of the following (g) to place delivery orders against con­ officers. in terms of the intellectual, physical, and tracts, pursuant to the authorities and (h) An alternate ordering officer may psychomotor capabilities of intended limitations set forth in §§ 591.452-4 and be authorized to act during any official user and maintenance personnel: 591.452-6. absence of the ordering officer. Order­ (1) Proper assignment of functions to ing officers and their alternates shall machines and to operators. § 591.452-3 Selection. sign purchase documents as “ Ordering (2) Human space requirements for op­ (a) Individuals under consideration officer.” eration and access for maintenance. for authorization as ordering officers, (i) Foreign nationals may not be au­ (3) Planning of operator functions other than those enumerated in thorized as ordering officers. and analysis of operator tasks. § 591.452-4 (d), (e), and (f), shall be (j) Ordering officers may not (4) Layout of work space and design evaluated relative to the factors set forth redelegate their authority to others. of operator stations. in § 1.405-1 (a) of this title. § 591.452—5 Orientation and instruc­ (5) Information needed for operator (b) Prior to authorizing an individual tion. decisions, e.g., selection of displays and as an ordering officer, other than those controls. enumerated in § 591.452-4 (d), (e), and . (a) Upon authorizing an individual (6) Environmental conditions, e.g., (f), the contracting officer shall coordi­ as an ordering officer, except those temperature, noxious gases, noise, vibra­ nate the contemplated authorization enumerated in § 591.452-4 (d ), (e ), and tion, illumination, stress. with the activity concerned to ensure (f) , and whether or not a letter of (7) Compatibility of the equipment that the need for an ordering officer authorization is issued, the contracting with the personal and protective gear of exists and that the individual under con­ officer to whom the ordering officer will the fully equipped soldier. sideration is fully qualified and has the be responsible (§ 591.452-8) shall orient (8) Communication under operational time available to act as an ordering of­ and instruct him either personally or in conditions. ficer without requiring the redelegation writing in: (9) Simplification of maintenance. of his authority. (1) The proper use o f the procedures (10) Safety in operation and main­ § 591.452—4 Authorization. the individual will be authorized to use; tenance. (2) The standards of conduct for De­ (d) When human factors engineering (a) Ordering officers, other than those other than those listed above apply to enumerated in paragraphs (b) through partment of the Army personnel pre­ the materiel or equipment being pro­ (f) of this section, may be authorized scribed in A R 600-50; and

FEDERAL REGISTER, VOL. 32, NO. 26— WEDNESDAY, FEBRUARY 8, 1967 RULES AND REGULATIONS 2617

(3) The preparation and submission conditions and procedures set forth in prompt action to correct deficiencies of information for procurement report­ § 3.607 of this title. noted in inspections or reviews, the ap­ pointing authority shall terminate the ing purposes. (e) Limitations imposed upon order­ (b) Contracting officers shall also: ing officers authorized (1) to use U.S. authorization of the ordering officer. (1) Furnish copies o f blanket pur­ Government National credit cards, (2) § 591.452—9 Format for letters o f au­ chase agreements and indefinite delivery to order supplies from General Services thorization of ordering officers. type contracts to those ordering officers Administration Stores Depots under (a) When letters of authorization are authorized to place calls or delivery MILSTRIP procedures, or (3) to make required by § 591.452-4 to be issued to orders against them; and emergency purchases while on author­ individuals authorizing them as ordering (2) Maintain a file containing all ized flights in Army aircraft, shall be officers, the letter shall be substantially documents (such as résumés, references, those limitations contained in the appli­ in the following format, wording or para­ and records of training) necessary to cable regulations. graphs inapplicable to the authorization justify the necessity for the authorization (f) Ordering officers may not be au­ being omitted. of each ordering officer. thorized to: Subject: Authorization of Ordering Officer (1) Place calls or orders against Fed­ § 591.452—6 Authority and limitations (Alternate Ordering Officer). eral Supply Schedule contracts, except To: (Address to individual by name, indi­ • (a) Ordering officers authorized un­ those in FSC Group 91 where purchases cating rank or grade, section or location, der § 591.452-4(a) may be given the au­ are made by use of credit cards; or and activity or installation.) thority to: (2) Use any purchase method other 1. Authorization. Under Army Procure­ (1) Place delivery orders (DD Forms than those authorized for the purpose in ment Procedure 1-452.4, you are authorized §§ 591.452— 591.452-10 or by references an Ordering Officer (Alternate Ordering 1155 or QMC Forms 300) without mone­ Officer) for the purposes set forth in para­ tary limitation (i) against Brand Name to ASPR or Army Regulations herein. graph 2 herein. Your authorization shall contracts published in Defense Supply § 591.452—7 Procurement reporting re­ become effSctive (enter date) and shall re­ Agency Brand Name Supply Bulletins in quirements. main effective, unless sooner revoked (until the SB 10-500 series, and (ii) against expiration of the con tract (s) enumerated Defense Personnel Support Center re­ Contracting officers shall ensure that in paragraph 2 herein, or) until you are re­ quirements contracts for subsistence all calls, purchases, or delivery orders assigned or your employment is terminated. placed by ordering officers, whether or You are responsible to and under the techni­ items; not authorized by letters of authoriza­ cal supervision of the (enter name of instal­ (2) Place delivery orders (DD Forms lation or activity) Contracting Officer for 1155) without monetary limitation tion, are reported in accordance with ASPR reporting procedures, and shall your actions as an Ordering Officer. against indefinite delivery type contracts 2. Authority, Limitations, and Require­ awarded by Department of the Army, Air specify the manner in which ordering o f­ ments. Your authorization is subject to the Force, or Navy contracting officers for ficers shall furnish the information re­ use of the method(s) of purchase and to the the preparation of household goods for quired. limitations and requirements stated below: a. Subject to your ensuring that local pur­ shipment, Government storage, and re­ § 591.452—8 Surveillance. chase authority exists for the transaction, lated services; (a) Ordering officers, except those you may make purchases using imprest (3) Place delivery orders (DD Forms enumerated in § 591.452-4 (d), (e), and funds for payments therefor and using 1155) without monetary limitation (i) (f), shall be under the technical super­ Standard Forms 1165 (Receipt for Cash— against Defense Petroleum Supply Cen­ vision of the contracting officer who au­ Subvoucher), provided all of the following ter requirements contracts, and (ii) for thorized them or the contracting officer conditions are satisfied: Federal Stock Pile items maintained by (1) The aggregate amount of a purchase designated by the appointing authority in transaction is not in excess of $100, or $250 the Defense Materials System of the those cases where authorization of order­ General Services Administration; under emergency conditions. You may not ing officers is made by persons designated split purchases to avoid this monetary (4) Place Service Orders for House­ in § 591.405. limitation; hold Goods (DD Forms 1164) not to ex­ (b) Activities of ordering officers, ex­ (2) The supplies or nonpersonal services ceed $2,500 against Commercial Ware­ cept those enumerated in § 591.452-4 (d ), are available for delivery within 30 calendar housing and Related Services for House­ (e), and (f), shall be inspected or re­ days, whether at the supplier’s place of busi­ hold Goods contracts, subject to the viewed at least twice each year by the ness or at destination; and criteria and procedures set forth in AR (3) The purchase does not require detailed responsible contracting officer or his technical specifications or technical in­ 55-42 and A R 743-455; and designee who is an employee in the pro­ (5) Place delivery orders (DD Forms spection. curement office well qualified in procure­ b. Subject to your ensuring that funds 1155) without monetary limitation ment procedures used by ordering are available and that local purchase au­ against indefinite delivery type contracts officers. thority exists for the transaction, you may awarded by the contracting officer to (c) Inspection or review findings shall make over-the-counter purchases using whom the ordering officer is responsible. be written and shall include specific com­ Standard Forms 44 (Purchase Order—In­ (b) Ordering officers authorized to ments as to whether or not the ordering voice— Voucher) or DD Forms 1155 (Order for Supplies or Services) provided all of the make purchases under § 3.608-9 of this officer is: title shall be authorized only (1) for de­ following conditions are satisfied: (1) Operating within the scope and (1) The aggregate amount of a purchase ployed units or (2) at remote areas away limitations of his authority; transaction is not in excess of $250. You from established Department of Defense (2) Equitably distributing calls among may not split purchases to avoid this mone­ installations with procurement func­ suppliers with whom blanket purchase tary limitation; tions, and shall be limited to purchase agreements have been established; (2) Supplies or nonpersonal services are actions whose aggregate amounts do not (3) Maintaining the standards of con­ immediately available; and exceed $250. (3) One delivery and one payment shall be duct prescribed in A R 600-50; made. (c) Ordering officers authorized to (4) Splitting purchase transactions to place calls against blanket purchase c. Subject to your insuring that funds are avoid monetary limitations; available and that local purchase authority agreements under § 3.605 of this title (5) Delegating his authority to others; exists for the transaction, you may place shall be limited to placing calls in aggre­ delivery orders (DD Forms 1155 or QMC gate amounts not to exceed $250; except and ' Forms 300 without monetary limitation that, for subsistence items, when the (6) Submitting correct and timely in­ against: blanket purchase agreement contains formation for procurement reporting (1) Brand Name contracts published in the Examination of Records clause pre­ purposes. Defense Supply Agency Brand Name Supply scribed in § 7.104-15 of this title, calls (d) Copies of inspection and review Bulletins in the SB 10-500 series; and way be placed without monetary limita­ findings shall be retained for 1 year (2) Defense Personnel Support Center re­ tion. quirements contracts for subsistence items. in the files of ordering officers and in­ d. Subject to your insuring that funds are (d) Ordering officers authorized to specting contracting officers. available and that local purchase authority make purchases using imprest funds for (e) Should a contracting officer find exists for the transaction, you may place Payments therefor shall be limited to that an ordering officer is not properly delivery orders (DD Forms 1155) without Purchase actions complying with the performing his duties or fails to take monetary limitation against:

FEDERAL REGISTER, VOL. 32, NO. 26—-WEDNESDAY, FEBRUARY 8, 1967 2618 RULES AND REGULATIONS

(1) Defense Petroleum Supply Center or installation; except that such notifica­ signed by the Assistant Secretary of the requirements contracts; tion is not required when individuals au­ Army (Installations and Logistics). An­ (2) General Services Administration for thorized as ordering officers are named in nual delegations of authority will be pub­ Federal Stock Pile items maintained by the the contracts. At the discretion of the lished in Department of the Army Defense Materials System of the General Circulars in the 715 series. Services Administration; and contracting officer, notification to con­ (3) The following indefinite delivery type tractors may be accomplished by fur­ § 591.5102 Delegations p f authority. contracts, copies of which are attached: nishing contractors with copies of letters (list contracts by number and name of of authorization. (a) The delegations of authority con­ Contractor). tained herein will remain effective until e. Subject to your insuring that funds are § 591.452—1Ò Termination of authoriza­ such time as they are superseded or available and that local purchase authority tion. rescinded. exists for the transaction, you may place (a) The authorization of an ordering (b) Redelegation and implementation Service Orders for Household Goods (DD officer shall remain in effect until the or­ of these authorities by the individual Forms 1164) against Commercial Warehous­ ing and Related Services for Household dering officer is reassigned or his employ­ designees shall be within the limitations Goods contracts for military and civilian ment is terminated, but may be revoked prescribed in each specific delegation. personnel, subject to the criteria and pro­ at any time by the appointing authority (c) The following delegations are con­ cedures prescribed in AR—5542 and AR 743— or his successor, except that no revoca­ tained in this subpart; 455 and provided that no Service Order shall tion shall be made to take effect retro­ (1) SAOAS-67-1—Delegation of Au­ be in an amount in excess of $2,500. actively. thority to Approve the' Publication of f. You are responsible for (i) distributing (b) Terminations of authorizations, Advertisements, Notices or Proposals. and administering delivery orders that you except when contracts against which or­ (2) SAOAS-67-2—Delegation of Au­ place, (ii) establishing controls necessary to insure that all contract terms and condi­ dering officers are authorized to place de­ thority to Lease Quarters. tions are met and that supplies or nonper­ livery orders expire upon the dates estab­ (3) SAOAS-67-4—Delegation of Au­ sonal services ordered conform to contract lished therein, shall be in writing thority to Settle Patents and Technical requirements before acceptance is made or substantially in the format set forth be­ Information Claims. payment authorized, and (iii) reporting low and shall require written acknowl­ (4) SAOAS-67-6—Delegation of Au­ deficiencies in contractor performance edgement of receipt by the ordering thority to Lease Personal Property. promptly to the contracting officer and who officer. (5) SAOAS-67-7—Delegation of Au­ awarded the contract against which the de­ thority to Contract for Public Utility livery order was placed. You may not make Subject: Termination of Authorization as any changes in the terms or cdnditions of Ordering Officer (Alternate Ordering Services (Power, Gas, Water, and Com­ any contracts against which you place de­ Officer). munications) for Periods Not Exceeding livery orders. To: (Address same as letter of authoriza­ 10 Years. 3. Standards of Conduct and Procurement tion.) (6) SAOAS-67-8—Delegation of Au­ Reporting Requirements. Your authorization as Ordering Officer (A l­ thority to Deny Requests for Contractual ternate Ordering Officer) made by letter of a. You shall comply with the standards of Adjustment, to Approve Requests in Mis­ conduct prescribed in AR 600—50, Standards authorization issued (enter date) is termi­ of Conduct for Department of the Army Per­ nated effective (enter date) without preju­ take and Informal Commitment Cases sonnel, and shall review the regulation at dice to any actions taken pursuant thereto. Not in Excess of $50,000, and to Refer least semiannually. You shall sign a state­ Requests to the Army Contract Adjust­ ment that you have read and understand the Type Name and Title of Appointing ment Board. regulation and shall furnish one copy of Authority (7) SAOAS-67-9—Delegation of Au­ your signed statement to the Contracting thority to Sell Government Property. Officer to whom you are responsible at the (c) Contracting officers to whom or­ time of acknowledging receipt of your author­ dering officers are responsible shall notify (8) SAOAS-67-10—Delegation of Au­ ization. contractors, imprest fund cashiers, dis­ thority to Sell Government Property to b. You shall furnish the Contracting Offi­ bursing officers, and other interested per­ Construction Contractors in Canada, cer to whom you are responsible such infor­ sonnel, of terminations of authorizations Greenland, Iceland, the Azores, Johnston mation as he may require for procurement of ordering officers in writing or by fur­ Island, and the Trust Territory of the reporting purposes in the manner and at the nishing them with copies of the written Pacific Islands. time specified by him. 4. Termination of Authorization. terminations of authorizations. (9) SAOAS-67-13—Delegation of Au­ a. Your authorization may be revoked at § 591.452—11 Ordering officers o f other thority to Procure M ilitary Equipment any time by the undersigned appointing au­ military departments or other Gov­ and Parts. thority or his successor and shall be termi­ ernment agencies. [Revoked] (10) SAOAS-67-14— Delegation of Au­ nated in writing, except that no written ter­ thority to Procure Alcohol Free of Tax mination of your authorization shall be made § 591.452—12 Reporting requirements. upon expiration of contracts enumerated in [Revoked] and Specially Denatured Alcohol. paragraph 2 herein unless such contracts are (11) SAOAS-67-16—Delegation of Pri­ terminated prior to the expiration dates es­ § 591.452—13 Surveillance. [Revoked] orities and Allocations Authority; DO tablished therein. § 591.452—14 Format for letters of ap­ Ratings and Allotments. b. Should you be reassigned from your pointment o f ordering officers. [R e­ (12) SAOAS-67-17—Delegation of Pri­ present position or should your employment voked] be terminated while this authorization is in orities and Allocations Authority: DX effect, you shall promptly notify the appoint­ § 591.452—15 Termination of appoint­ Ratings and Allotments. ing authority in writing so that your author­ ment. [Revoked] (13) SAOAS-67-18— Delegation of Pri­ ization may be terminated. 3. New Subpart YY is added, as fol­orities and Allocations Authority: Re­ scheduling Deliveries. Type Name and Title of Appointing lows; Authority Subpart YY— Delegations of Authority Ref. No.: SAOAS-67-1 October 28, 1966. D elegation op A uthority To Approve thé (b) Individuals authorized as ordering Sec. P ublication op Advertisements, Notices officers shall acknowledge receipt, in 591.5101 Scope of subpart. or Proposals writing, of letters of authorization. 591.5102 Delegations of authority. (c) Appointing authorities shall make Authority : The provisions of this Subpart 1. Under Title 5, United States Code, sec­ distribution of letters of authorization to Y Y issued under secs. 2301-2314, 3012, 70A tion 3 0 2 (b )(2 ), I hereby delegate the au­ ordering officers, imprest fund cashiers, Stat. 127-133, 157; 10 U.S.C. 2301-2314, 3012. thority vested in me by section 3828 of the disbursing officers, and such other inter­ Revised Statutes (44 US.C, 324) to approve ested personnel as may be necessary. Subpart YY— Delegations of the publication of advertisements, notices, Authority or proposals in newspapers to: (d) Contracting officers to whom or­ Commanding Generals, CONUSAMDW; dering officers are responsible shall notify § 591.5101 Scope o f subpart. Commanding General, U.S. Army, Alaska; contractors of the names of individuals Commanding General, U.S. Army Commu­ authorized to place delivery orders ^ This subpart contains reproductions of nications Zone, Europe; . against their contracts, including the in ­ the delegations of authority, other than Commanding General, U.S. Army Materiel dividual’s section or location and activity annual delegations, which have been Command;

FEDERAL REGISTER. VOL. 32, NO. 26— WEDNESDAY, FEBRUARY 8, 7 RULES AND REGULATIONS 2619

D irector of Personnel and Training, U.S. in paragraph 3 below, which I consider will (b ) of the Foreign Assistance Act of 1961 and Army Materiel Command. promote the national defense or be in the Predecessors (sec. 506 of the Mutual Security Commanders o f: public interest. Act of 1954 (68 Stat. 852) and sec. 517 of Mu­ U.S. Army Aviation Materiel Command; 2. Under Title 10, United States Code sec­ tual Security Act of 1951 (65 Stat. 382; 22 U.S. Army Electronics Command; tion 2667, I hereby delegate to the Chief of U.S.C. 1668(c)), is superseded without prej­ U.S. Army Missile Command; Engineers, with the authority to redelegate udice to any action taken pursuant thereto. U.S. Army Mobility Equipment Command; further, the authority to lease, by negotia­ R obert A. B rooks, U.S. Army Munitions Command; tion, quarters within the scope of the con­ Assistant Secretary of the Army U.S. Army Test and Evaluation Command; siderations in paragraph 1 above. ( Installations and Logistics). U.S. Army Weapons Command. 3. Each lease under this delegation: Commanding General, U.S. Army Recruit­ a. May not be for more than 5 years; Ref. No.: SAOAS-67-6 October 28, 1966. ing Command. b. Shall permit the Secretary of the Army D elegation of Authority to L ease Personal Commanding General, TJ.S. Army Strategic to revoke the lease at any time; P roperty Communications Command. c. Shall provide that the lessee will pay a Commander, Military Traffic Management fair monetary rental; 1. I consider that it is advantageous to the and Terminal Service. d. Shall provide that the leased property United States to lease personal property un­ The Adjutant General. will be used only as quarters for State-paid der the control of the Department of the The Surgeon General. employees of the National Guard employed Army, not for the time needed for the public Chief of Engineers. at the installation at which the quarters are use, and not excess property (as defined by Chief, Personnel Administration, Office of located; Title 40, United States Code, sec. 472), upon the Chief of Engineers. e. Shall provide that the lessee will main­ the terms stated in paragraph 3 below, which Division Engineers, Corps of Engineers. tain the leased property in good condition I consider will promote the national defense Chief, U.S. Army Audit Agency. and will return it at the expiration or termi­ or be in the public interest. 2. The above delegations are subject to nation of the lease in as good condition as 2. Under Title 10, United States Code, sec­ the following restrictions: that existing at the commencement thereof, tion 2667, I hereby delegate to each Head of a. The delegations shall not be redelegated. or as subsequently improved under the terms Procuring Activity, with authority to redele­ b. The delegations to the following are of the lease, less ordinary wear and tear or gate to a principal assistant of each such restricted to recruitment purposes: The Ad­ within specified tolerance limits; Head, without authority to redelegate fu r­ jutant General; Commanding Generals, f. Shall provide that the lessee shall make ther, the authority to lease personal property CONUSAMDW; Commanding General, U.S. no changes or alterations in the leased prop­ within the scope of the considérations in par­ Army, Alaska; and Commanding General. erty except with the consent of the Govern­ agraph 1 above, provided that no Department US. Army Recruiting Command. ment; of Defense owned production equipment (de­ c. The delegation to the Commanding g. Shall provide that, if and to the extent fined in Defense Mobilization Order VII-4 as General, U.S. Army Communications Zone, that the leased property is later made taxable revised, Mar. 10, 1958) may be leased for non­ Europe, is restricted to the recruitment of by State and local governments under an defense production (as defined in Depart­ local nationals overseas at local wage rates. act of Congress, the lease shall be renego­ ment of Defense Instruction 4215.13, Mar. 21, d. The delegation to the Commanding tiated; and 1958, as changed, subject: Leasing of Govern­ General, U.S. Army Strategic Communica­ h. Shall recite that it is executed under ment-owned Production Equipment), with­ tions Command, is restricted to the recruit­ the authority of Title 10, United States Code, out there first being obtained the approval ment of civilian personnel within CONUS section 2667. of the Office of Emergency Planning for the and to the recruitment of local nationals 4. Leases of quarters not conforming to lease of such equipment. overseas for technical or professional work the above terms shall, prior to execution, be 3. Each lease under this delegation: at local wage rates. submitted to the Assistant Secretary of the a. May not be for more than 5 years; e. The delegations to the following are Army (Installations and Logistics) for ap­ b. Shall permit the Secretary of the Army restricted to the recruitment of civilian per­ proval. to revoke the lease at any time; 5. The foregoing delegation of authority sonnel in CONUS and overseas: The Surgeon c. Shall with regard to all property sub­ becomes effective on December 1, 1966, and, General; Chief, U.S. Army Audit Agency; ject to Part 6, section XIII, Armed Services as of that date, Delegation of Authority, Ref. Chief, Personnel Administration, Office of Procurement Regulation, be governed by the No.: LOG/E1A—63—2, July 12, 1962, subject: the Chief of Engineers; Commanding Gen­ provisions thereof. With regard to all other eral, U.S. Army Materiel Command; Director Delegation of Authority to Lease Quarters Pursuant to Title 10, United States Code, sec­ personal property, each lease shall provide of Personnel and Training, U.S. Army Mate­ that the lessee will pay a fair monetary riel Command; and the commanders of the tion 2667, is superseded without prejudice to any action taken pursuant thereto. rental. Fair monetary rental shall be deter­ major subordinate commands of the U.S. mined on the basis of prevailing commercial Army Materiel Command. R obert A. B rooks, rates or computed in accordance with sound f. The delegation to the Chief of Engineers Assistant Secretary of the Army commercial accounting practices for the fix­ is restricted to the recruitment of civilian ( Installations and Logistics). ing of rental on such property including a personnel and to real estate and civil and return on capital investment and adminis­ Ref. No.: SAOAS-67-4 October 28, 1966. military construction matters in CONUS and trative cost as well as depreciation. Single overseas. The delegation to Division Engi­ Delegation of Authority to Settle P atents or multiple shift operations as proposed by neers is restricted to real estate, civil, and and T echnical I nformation Claims the lessee will be considered in establishing military construction matters. fair monetary rental. The rental shall, in 1. Under section 606(b) of the Foreign As­ g. The delegation to the Commander, any event, be such as to prevent the lessee Military Traffic Management and Terminal sistance Act of 1961 (75 Stat. 440; 22 U.S.C. 2356(b)), and Department of Defense Di­ from obtaining an unfair competitive advan­ Service is restricted to advertising Army- tage over competitors by reason thereof; owned interchange freight car equipment in rective 2000.3, March 11, 1959, as amended, official train equipment registers. subject: International Interchange of Patent d. Shall provide that the lessee shall bear the expense of removing, packing, and 3. The foregoing delegation of authority Rights and Technological Information, I shipping of the leased property and also the becomes effective on December 1, 1966, and, hereby delegate to the Commanding Gen­ expense of returning and reinstalling the as of that date, Delegation of Authority, erals, U.S. Army Materiel Command and property or processing it for extended storage March 25, 1965, subject: Delegation of Power U.S. Army Strategic Communications Com­ upon expiration or termination of the lease; to Authorize the Publication of Advertise­ mand, and to the Chief of Engineers, the ments, Notices, or Proposals, is superseded authority to enter into agreements with e. Shall provide that the lessee will main­ without prejudice to any-action taken pur­ claimants in full settlement and compromise tain the leased property in good operating suant thereto. of any claim against the United States under condition and will return it upon the expira­ section 606(a) of the Foreign Assistance Act tion or termination of the lease in as good Robert A. B rooks, of 1961, subject to the requirements of sec­ condition as that existing at the commence­ Assistant Secretary of the Army tion IX, Army Procurement Procedure, and ment thereof, as subsequently improved, or ( Installations and Logistics). such other rules and regulations as higher as it should have been improved under the Ref. No.: SAOAS-67-2 October 28,. 1966. echelons may promulgate from time to time. terms of the lease, less ordinary wear and 2. The authority delegated in paragraph tear or within specified tolerance limits. Delegation op Authority T o L ease Quarters 1 may not be redelegated, except that the However, leases of railway equipment may 1. I consider that it is advantageous to theCommanding General, U.S. Army Materiel provide for assumption of maintenance re­ United States to lease quarters under the Command, may redelegate to the Command­ sponsibility by the lessor, provided also that control of the Department of the Army, not ers of his major subordinate commands only. mileage earnings shall be retained by the for the time needed for the public use, and 3. The foregoing delegation of authority Government; hot excess property (as defined by Title 40, becomes effective on December 1, 1966, and, f. Shall provide that the lessee will make United States Code, sec. 472), to the States as of that date, Delegation of Authority, Ref. no changes or alterations in the leased prop­ for use as quarters for State-paid employees No.: LOG/E1A-63—4, July 12,, 1962, subject: erty except with the consent of the Govern­ °* the National Guard upon the terms stated Delegation of Authority Under section 606 ment;

FEDERAL REGISTER, VOL. 32, NO. 26— WEDNESDAY, FEBRUARY 8, 1967 2620 RULES AND REGULATIONS

g. Shall provide that, if and to the extent as of that date, Delegation of Authority, Ref. safety and protective articles to contractors that the leased property is later made tax­ No.: SAOAS—64—7, March 24, 1964, subject: under Defense contracts, to employees of able by State or local governments under an Authority to Contract for Public Utility Serv­ such contractors, and to Government em­ act of Congress, the lease shall be renego­ ices (Power, Gas, Water, and Communica­ ployees, at prices determined in accordance tiated; and tions) for Periods Not Exceeding 10 Years, with applicable pricing regulations; h. Shall recite that it is executed under is superseded without prejudice to any action b. The sale of Government-owned unserv­ the authority of Title 10, United States Code, taken pursuant thereto. iceable ammunition components, or scrap section 2667. generated in the production of ammunition Robert A. B rooks, components, to selected metal processors at 4. Leases of personal property not con­ Assistant Secretary of the Army current market prices and on condition that forming to the terms above shall, prior to ( Installations and Logistics.) execution, be submitted to the Assistant Sec­ quantities of raw materials equivalent to retary of the Army (Installations and Logis­ Ref. No.: SAOAS-67-8 October 28, 1966. that processed from the unserviceable com­ tics) for approval. ponents be made available by them to Army D elegation of A uthority T o D e n y Requests 5. The foregoing delegation of authority contractors participating in approved am­ tor Contractual Adjustm ent, To Approve becomes effective on December 1, 1966, and, munition programs. R equests i n M istake and Informal Co m ­ as of that date, Delegation of Authority, Ref. 2. A contract, or amendment or modifica­ m itm e n t Cases N ot in Excess of $50,000, No.: LOG/E1 A—63-6, July 12, 1962, subject: tion thereof, shall be entered into under and To R efer R equests to the Arm y Co n ­ Delegation of Authority to Lease Personal paragraph la hereof only upon a written tract Adjustm ent Board Property Pursuant to the Authority Con­ finding that the sale is made in connection tained in Title 10, United States Code, sec­ 1. Under the Act of August 28, 1958 (Pub­ with and will facilitate or expedite perform­ tion 2667, is superseded without prejudice lic Law 85-804, 72 Stat. 972; 50 U.S.C. 1431- ance of a specific contract or work order for to any action taken pursuant thereto. 1435); Executive Order No. 10789, Novem­ Defense procurement. ber 14, 1$58, 23 FJt. 8897; and section XVII 3. A contract, or amendment or modifica­ R obert A. B rooks, of the Armed Services Procurement Regula­ tion thereof, shall be entered into under this Assistant Secretary of the Army tion, I hereby delegate to each Head of delegation only if: ( Installations and Logistics). Procuring Activity, with authority to redele­ a. The approving authority: Ref. No.: SAOAS-67-7 October 28, 1966. gate to a principal assistant of each such • (1) Finds that the action will facilitate Head and no further: the national defense; D elegation of Authority To Contract for a. Authority to deny any request for con­ (2) Deems that other legal authority in Public U tility Services (P ower, G as, tractual adjustment within the scope of Part the Department to accomplish the sale is W ater, and Communications) for Periods 2, section XVII, Armed Services Procurement lacking or inadequate; and N ot Exceeding 10 Y ears Regulation; (3) Deems that the use of the authority 1. Under Department of Defense Directive b. Authority to make all determinations herein delegated is necessary and appro­ 5100.32, November 9, 1962, subject: Delega­ and findings required by the Act, Executive priate under all the circumstances; and tion of Authority with Respect to Contracts Order, and Regulation, and to approve, au­ b. The requirements of Part 3, section for the Procurement of Public Utility Serv­ thorize, and direct appropriate action, in XVII, Armed Services Procurement Regula­ ices, I hereby delegate (i) to the Chief of those cases set forth as examples within the tion, are otherwise met. Engineers as the Department of the Army categories of mistake and informal commit­ 4. This authority does not apply to the Power Procurement Officer, the authority to ment in paragraphs 17-204.3 and 17-204.4 of sale of property subject to priorities or allo­ enter into contracts for public utility services the Armed Services Procurement Regulation, cation under the Defense Production Act of (power, gas, and w ater), and (ii) to the Com­ subject to the limitations set forth in para­ 1950, as amended (64 Stat. 798; 50 U.S.C. manding Generals, U.S. Army Strategic Com­ graph 17-205 thereof; and, where necessary App. 2062), except where such sale is au­ munications Command and U.S. Continental to the exercise of this authority, authority to thorized under that Act or applicable regu­ Army Command, the authority to enter into modify or release unaccrued obligations of lations or orders thereunder. contracts for communications services, for any sort and to extend delivery and perform­ 5. The foregoing delegation of authority periods extending beyond a current fiscal ance dates; becomes effective on December 1, 1966, and, year but not exceeding 10 years under one or c. Authority to refer to the Army Contract as of that date, Delegation of A u th ority, Ref. more of the following circumstances: Adjustment Board ay case in which the Head No.: LOG/E1A—63—9, July 12, 1962, subject: a. Where there are obtained lower rates, of Procuring Activity (or any principal Delegation of Authority to Sell Government larger discounts, or more favorable conditions assistant to whom he has delegated the Property Under Public Law 85-804 and Ex­ of service than those available under con­ authority described in subparagraphs a and ecutive Order No. 10789. is superseded with- tracts the firm term of which would not ex­ b above) determines that an appropriate out prejudice to any action taken pursuant tend beyond a current fiscal year. contractual adjustment is justified but does thereto. b. Where connection or special facility not, under subparagraph b above, have au­ R obert A. Brooks, charges payable under contracts the firm thority to make the adjustment; and Assistant Secretary of the Army term of which would not extend beyond a d. Authority to refer to the Army Contract ( Installations and Logistics). current fiscal year are eliminated or reduced. Adjustment Board for its determination, any c. Where the utility company refuses to doubtful ■ or unusual cases under subpara­ Ref. No. : SAOAS-67-10 October 28, 1966. graphs a or b above. render the desired service except under a con­ D elegation of Authority To Sell Govern­ 2. The foregoing delegation of authority tract the firm term of which extends beyond m en t Property to Construction Con­ becomes effective on December 1, 1966, and, a current fiscal year. tractors i n Canada, G reenland, Iceland, 2. The authority delegated in paragraph 1 as of that date, Delegation of Authority, Ref. No.: LOG/E1A-63-8, July 12, 1962, sub­ the Azores, Jo h n sto n Island and the above may be redelegated (i) with respect to Trust Territory of the Pacific Islands contracts for power, gas, and water, to the ject: Delegation of Authority to Deny Re­ Deputy Department of the Army Power Pro­ quests for Adjustment, to Approve Requests 1. Under the Act of August 28, 1958 (Pub­ curement Officer, and (ii) with respect to con­ in Mistake and Informal Commitment Cases lic Law 85-804, 72 Stat. 972; 50 U.S.C. 1431- tracts for communications services to duly Under $50,000, and to Refer Requests to the 1435); Executive Order No. 10789, November authorized representatives of the Command­ Army Contract Adjustment Board, is super­ 14, 1958, 23 P R . Ô897; and "section XVII of ing Generals, U.S. Army Strategic Communi­ seded without prejudice to any action taken the Armed Services Procurement Regula­ cations Command and U.S. Continental Army pursuant thereto. tion, I hereby delegate to the Chief of En­ Command. R obert A. B rooks, gineers, without authority to redelegate fur­ 3. This authority shall be exercised strictly Assistant Secretary of the Army ther, the authority to approve contracts not in accordance with the applicable provisions ( Installations and Logistics). in excess of $50,000 for the sale of Govern­ of the “Statement of Areas of Understanding Ref. No.: SAOAS-67-9 October 28, 1966. ment-owned construction material, equip­ Between the Department of Defense and ment, and supplies to contractors under General Services Administration” entitled D elegation of Authority to Sell G overn­ fixed-price military construction contracts “Procurement of Utility Services (Power, Gas, m en t Property in Canada, Greenland, Iceland, the Azores, W ater),” 15 P.R. 8227 (1950), and “Procure­ 1. Under the Act of Aug. 28, 1958 (Pub­Johnston Island, and the Trust Territory of ment of Communication Services,” 15 F.R. lic Law 85-804, 72 Stat. 972; 50 U.S.C. 1431- the Pacific Islands, at cost to the Govern­ 8226 (1950). 1435); Executive Ordsn...NQ__ 10789, Nov. ment plus transportation cost, if any, to the 4. Unless distribution thereof is inadvis­ 14, 1958,- 23 FJ&. 8897; and section X V II site, less an equitable reduction for depre­ able for reasons of security, copies of con­ of the Armed Services Procurement Regula­ ciation in the case of used property. tracts executed under the authority of this tion, I hereby delegate to each Head of Pro­ 2. A contract, or amendment or modifica­ delegation and other pertinent data and in­ curing Activity, with authority to redelegate tion thereof, shall be entered into under formation with respect thereto shall be fu r­ to a principal assistant of each such Head paragraph 1 hereof only upon a written find­ nished to the General Services Administra­ and no further the authority to approve ing that the sale is made in connection with tion. contracts not in excess of $50,000 for; and will facilitate or expedite performance 5. The foregoing delegation of authority a. The sale of uniforms, safety clothing,of a specific contract or work order for De­ becomes effective on 1 December 1966, and, safety equipment, and other such special fense procurement.

FEDERAL REGISTER, VOL. 32, NO. 26— WEDNESDAY, FEBRUARY 8, 1967 RULES AND REGULATIONS 2621

3. A contract, or amendment or modifica­ of Engineers, the authority to sign applica­ d. Allotment authorities in support of the tion thereof, shall be entered into under this tions to the Director, Alcohol and Tobacco Aircraft ( A - l ) Program shall be exercised delegation only if: Tax Division, Internal Revenue Service, for jointly by procuring departments through a. The approving authority: permits to procure Alcohol, Free of Tax, Form a joint activity. (1) Finds that the action will facilitate 1444, and Specially Denatured Alcohol, Form 3. The Office of the Deputy Chief of Staff the national defense; 1486. for Logistics is designated as the office re­ (2) Deems that other legal authority in 2. The Director, Alcohol and Tobacco Divi­ sponsible for administering the priorities the Department to accomplish the sale is sion, Internal Revenue Service, is being ad­ and allocations functions within the Depart­ lacking or inadequate; and vised of the above delegation. The names of ment of the Army and shall be responsible (3) Deems that the use of the authority any principal assistants named by the Com­ for insuring compliance by all Department herein delegated is necessary and appropri­ manding General, U.S. Army Materiel Com­ of the Army components in the use of prior­ ate under all circumstances; and mand or by The Surgeon General shall be ities and allocations authority which are b. The requirements of Part 3, section furnished in writing to the Director, Alcohol delegated to them. XVII, Armed Services Procurement Regula­ and Tobacco Division, Internal Revenue Serv­ 4. The foregoing delegation of authority tion, are otherwise met. ice, Washington, D.C. 20224. becomes effective on December 1, 1966, and, 4. This authority does not apply to the 3. The foregoing delegation of authority be­ as of that date, Delegation of Authority, Ref. sale of property subject to priorities or allo­ comes effective December 1, 1966, and, as of No.: LOG/E2-63—12, July 12, 1962, subject: cation under the Defense Production Act of that date, Delegation of Authority, Ref. No.: Delegation of Priorities and Allocations Au­ 1950, as amended (64 Stat. 798; 50 U.S.C. LOG/EIA-63—14, July 12, 1962, subject: Au­ thority: DO Ratings and Allotments, is su­ App. 2062), except where such sale is au­ thority to Procure Alcohol Free of Tax and perseded without prejudice to any action thorized under that Act or applicable regu­ Specially Denatured Alcohol, is superseded taken pursuant thereto. lations or orders thereunder. without prejudice to any action taken pur­ R obert A. B rooks, 5. The foregoing delegation of authority suant thereto. Assistant Secretary of the Army becomes effective on December 1, 1966, and, R obert A. Brooks, (Installations and Logistics). as of that date, Delegation of Authority, Assistant Secretary of the Army Ref. No.: LOG/E1A—63—10, July 12, 1962, sub­ (Installations and Logistics). Ref. No.: SAOAS-67—17 ject: Delegation of Authority to Sell Gov­ Ref. No. : SAOAS-67-16 October 28,1966. D elegation of Priorities and Allocations ernment Property to Construction Contrac­ Au th o r ity: DX R atings and Allotments tors in Canada, Greenland, Iceland, The Delegation of P riorities and A llocations Azores, and to Construction Contractors on Authority : DO R atings and Allotments 1. Under Department of Defense Instruc­ tion 4405.12, January 6, 1964, as amended, Johnston Island and the Trust Territory of 1. Under Department of Defense Instruc­ the Pacific Islands Under Public Law 85-804 subject: Delegation of Priorities and Alloca­ tion 4405.11, January 6, 1964, as amended, tions Authority: DX Ratings and Allotments, and Executive Order No. 10789. is superseded subject: Delegation of Priorities and Alloca­ withoBt prejudice to any action taken pur­ and in accordance with the Defense Produc­ tions Authority: DO Ratings and Allotments, tion Act of 1950, as amended (64 Stat. 798; suant thereto. and in accordance with the Defense Produc­ R obert A . B r o o k s , 50 U.S.C. App. 2062); and Business and De­ tion Act of 1950, as amended (64 Stat. 798; 50 fense Services Administration (BDSA) Dele­ Assistant Secretary of the Army U.S.C. App. 2062); and Business and De­ (Installations and Logistics). gation 1, I hereby delegate to the Deputy fense Services Administration (BD SA) Del­ Chief of Staff for Logistics with authority to Ref. No.: SAOAS-67-13 October 28, 1966. egation 1, I hereby delegate to the Deputy redelegate further, the authority to apply or Chief of Staff for Logistics with authority to assign to others the right to apply DX ratings Delegation of A u t h o r it y t o P rocure M i l i ­ redelegate further, the authority: t a r y Eq u ip m e n t a n d P arts and allotment numbers to contracts and de­ a. To apply or assign to others the right to livery orders for programs approved by the 1. Under memorandum from the Assistant apply DO ratings to contracts and delivery Office of Emergency Planning (OEP) as of Secretary of Defense (Installations and Logis­ orders to meet Department of Defense (DO D) the highest national priority. tics), December 12, 1961, subject: Procure­ programs authorized for priorities support 2. The conditions for use of this delegation ment of Military Equipment and Parts, I by the Office of Emergency Planning (OEP) are: hereby delegate to the Commanding General, or designated by OEP as eligible for priorities a. The DX program rating and allotment U.S. Army Materiel Command, the authority support through DOD. authority is limited to : to approve the purchase of proprietary data b. To assign the right to apply DO ratings (1) Contracts and orders identifiable to relating to privately developed supplies and to certain prime contractors or subcontrac­ programs of the highest national priority, to approve reverse engineering in appropri­ tors on orders for delivery of production as listed in the Department of Defense ate circumstances. The principles set forth equipment specifically required to support Master Urgency List. In the referenced directive and pertinent sec­ authorized programs of the DOD or of such (2) Contracts and orders to which rating tions of the Armed Services Procurement other specially designated programs. and allotment numbers may be applied or as­ Regulation shall govern such approvals. c. To assign the right to apply DO ratings signed under the Delegation of Priorities and 2. The authority delegated in paragraph 1 to certain contractors on orders for delivery Allocations Authority: DO Ratings and above may be redelegated to the following of construction equipment for use on con­ allotments. officials of the U.S. Army Materiel Command struction in Alaska, Hawaii, or outside of the b. Authority shall be exercised within the without authority to redelegate further: United States. limits of such allocation determinations or Deputy Commander; d. To make allotments of controlled ma­ other quantitative restrictions as may be es­ Director of Development; terials, and to apply or assign to others the tablished, and in accordance with such in­ Director of Procurement and Production; right to apply allotment numbers to ratable structions, conditions, recordkeeping, and Director of Major Items; contracts and delivery orders within the al­ reporting requirements as may be issued from Commanders and Deputy Commanders of lotment jurisdiction of the Department of time to time by the Assistant Secretary of majgr subordinate commands. the Army. Defense (Installations and Logistics) (ASD 3. The foregoing delegation of authority 2. The conditions for the use of this dele­ (I&L)). becomes effective on December 1, 1966, and gation are: c. The exercise of this authority shall con­ as of that date, Delegation of Authority, Ref. a. Authority shall be exercised within the form to the terms of the regulations and No.: LOG/EIA-63—13, July 12, 1962, subject: limits of such allocation determinations or orders of the BDSA and to such priorities and Procurement of Military Equipment and other quantitative restrictions as may be allocations policy directives and procedures Parts, is superseded without prejudice to any established, and in accordance with such as may be issued in the DOD Priorities and action taken pursuant thereto. instructions, conditions, recordkeeping, and Allocations Manual (PAM). reporting requirements as may be issued from R obert A . B r o o k s , d. The authority delegated in paragraph 1 time to time by the Assistant Secretary of above may be redelegated only within the Assistant Secretary of the Army Defense (Installations and Logistics) (ASD ( Installations and Logistics). Department of the Army. Any other redele­ (I& L) ). , gation shall require the prior written ap­ Nef. No : SAOAS-67-14 O ctober 2 8 ,1966. b. The exercise of this authority shall proval of ASD (I& L). conform to the terms of the regulatipns and 3. The Office of the Deputy Chief of Staff Delegation o f A u t h o r it y t o P rocure A l c o ­ orders of BDSA and to such priorities and for Logistics is designated as the office re­ hol F ree o f T ax a n d Sp e c ia l l y D e n a t u r e d allocations policy directions and procedures Alcohol sponsible for ensuring compliance by all as may be issued in the DOD Priorities and Department of the Army components in the 1- Under Title 26, Code of Federal Regu­ Allocations Manual (PAM ). use of the DX authority delegated to them. lations, sections 211.231 and 213.142 (1961), c. The authority delegated in paragraph 1 4. The foreging delegation of authority be­ I hereby delegate to the Commanding Gen­ above may be redelegated only within the comes effective on December 1, 1966, and, as of that date, Delegation of Authority, Ref. ia l, U.S. Army Materiel Command; The Sur­ Department of the Army. Any other redele­ No.: LOG/E2-63-17, July 12, 1962, subject: geon General; such of their principal assist- gation shall require the prior written ap­ Delegation of Priorities and Allocations Au­ ants as may be named by them; and the Chief proval of ASD (I& L ). thority: DX Ratings and Allotments, is

FEDERAL REGISTER, VOL. 32, NO. 26— WEDNESDAY, FEBRUARY 8, 1967 2622 RULES AND REGULATIONS superseded without prejudice to any action (C ) * * * Investigator’s statement: taken pursuant thereto. (3) The country of origin (see Sub­ I. Background data. A. Name of investigator. R obert A. B r o o k s , part D, Part 6 of Chapter I of this title B. Date of request, Assistant Secretary of the Army regarding restrictions on purchases from C. Name or other clear identification of ( Installations and Logistics). Communist areas); drug. D. Name of manufacturer or other source Ref. No.: SAOAS-67-18 October 28, 1966. ***** of drug. D e le g a t io n o p P r io r it ie s a n d A l l o c a t io n s Subpart D— Purchases From E. Qualifications of investigator in detail A u t h o r it y : R escheduling D e liv e r ie s Communist Areas or by reference to details already on file in Army records. 1. Under Department of Defense Instruc­ § 596.402 Exceptions. tion 4405.13, May 24, 1960, as amended, sub­ P. Name and address of facility or facili­ ject: Delegation of Priorities and Allocations (a ) The term “ United States,” as used ties where investigations will be conducted. Authority: Rescheduling Deliveries, and in in this subpart, is as defined in § 6.001(c) G. All known relevant information about accordance with the Defense Production Act past use or pertinent reference thereto avail­ of this title. able to both the investigator and the drug of 1950, as amended (64 Stat. 798; 50 U.S.C. (b) With respect to an exception pur­ App. 2062); and Business and Defense Serv­ supplier, including all preclinical data, and ices Administration (BDSA) Delegation 1, I suant to § 6.402(b) (1) of this title, the all other information justifying the clinical hereby delegate to the Deputy Chief of Staff procedures set forth herein govern. investigation (i.e., the safety and rationale of for Logistics with authority to redelegate (1) When the supplies are to be used the proposed study). further, the authority to reschedule deliver­ in the United States, the exception may II. Plan and Conduct of Proposed Clinical ies of materials which are required in support be granted only after a determination Investigation. of the Aircraft (A -l) and Tank Automotive has been made pursuant to § 596.103-2. A. Specific purpose and military need for (A-4) Programs. or urgency of proposed clinical investigation. This determination shall include a find­ B. Approximate number of subjects, their 2. The conditions for use of this delegation ing that there is no known item from are as follows : age, sex, condition, and other pertinent in­ a. The authority delegated in paragraph 1 sources other than Communist areas formation relevant to the conditions of the above shall be limited to rescheduling de­ which can be used as a reasonable substi­ investigation. liveries on rated orders or authorized con­ tute. Attention is invited to the format C. Number of subjects to be employed as trolled materials orders: in § 596.103-2 (d) which may, notwith­ controls (if any) and same information as in (1) Bearing the A-l or the A-4 Program standing § 6.402(b)(1) of this title, re­ B above for such controls. Identification, and quire approval above the contracting of­ D. An outline of the phases of the investi­ (2) Issued by or pursuant to the authority gation already planned either in detail or by of the Department of the Army, or, if not, ficer’s level. reference to details already on file in Army that the rescheduling is requested or con­ (2) When the supplies are to be used records. This outline may include reason­ curred in by the Department or associated outside the United States, the contract­ able alternates and variations, and will be agency under whose authority they were ing" officer shall include in the contract supplemented or amended when any signifi­ issued. file a justification for the exception. cant change in direction or scope of the in­ b. Rescheduling of delivery may be direct­ (c) With respect to an exception pur­ vestigation is undertaken. ed only if it requires no change in the pro­ suant to § 6.402(b) (2) of this title, the E. Description or copies of forms used to duction schedule of the person making the record data. procedures set forth herein govern. (b) The Contractor shall insure that each delivery. (1) When the supplies are to be used c. The rescheduling authority shall be so of its investigators who conduct either the exercised as to support decisions on relative in the United States, the request shall clinical pharmacology or clinical trials of an urgencies reflected in the Department of De­ be accompanied by (i) a proposed Sec­ investigational drug will maintain a record fense Master Urgency List, based on realistic retarial determination to include a find­ of clinical investigation separate from the needs to meet approved schedules. ing that there is no known acceptable patient’s clinical record. This record of d. The exercise of this authority shall con­ substitute available from any other clinical investigation will include, minimally, form to the terms of the regulations and source, and (ii) by complete documenta­ a list of patients receiving the investigational drug; the name, lot number, date, and quan­ orders of BDSA and to such priorities and al­ tion to support each element of the re­ locations policy directives and procedures as tity of investigational drug prescribed; case may be issued in the DOD Priorities and Al­ quested determination § 596.103-2 (b ). histories; the details of clinical observations, locations Manual (PAM ). (2) When the supplies are to be used tests, and laboratory procedures carried out e. The authority delegated in paragraph 1 outside the United States, the request on each subject before, during, and after ad­ above may be redelegated only within the De­ shall be accompanied by a complete justi­ ministration of the drug in question. partment of the Army and only to that ac­ fication for the exception. (c) The Contractor shall also ensure that tivity within the Department of the Army either its responsible investigator or a re­ which is to act as its central delivery re­ (Secs. 2301-2314, 3012, 70A Stat. 127-133, 157; sponsible individual designated by him for scheduling unit for a program. Any other 10 U.S.C. 2301-2314, 3012) the purpose will maintain a complete record redelegation shall require the prior written of each investigational drug used under a approval of the Assistant Secretary of De­ DA contract for at least 3 years after com­ fense (Installations and Logistics) (ASD PART 597— CONTRACT CLAUSES pletion of .the investigational drug study. (I& L) ). This record will include the following infor­ 3. The Office of the Deputy Chief of Staff 5. New § 597.150-5 is added, and Sub­mation: for Logistics is designated as the office re­ part O is revoked, as follows: 1. Name of drug. sponsible for ensuring compliance by all De­ § 597.150—5 Clinical study of investiga­ 2. Manufacturer, or other source of drug. 3. Amount and date received. partment of the Army components in the use tional drugs. of the rescheduling authority delegated to 4. Expiration date, if any. them. All contracts awarded pursuant to AR 5. Lot or control number. 4. The foregoing delegation of authority 40-7, Clinical Use of Investigational 6. Date of authority to use. becomes effective on December 1, 1966, and, Drugs, under which drugs are to be clin­ 7. Names of individuals authorized to pre" as of that date, Delegation of Authority, Ref. ically investigated shall contain the scribe the drug. No.: LOG/E2—63—18, July 12, 1962, subject: 8. Names of prescribing physician or den­ Delegation of Priorities and Allocations Au­ following clause: tist. thority: Rescheduling Deliveries, is super­ Cl in ic a l St u d y o p I nvestigational D rugs 9. Date on which use of the drug is ter­ seded without prejudice to any action taken (N ovem ber 1966) minated, if applicable. pursuant thereto. 10. Date on which use of the drug was ap­ R obert A. B r o o k s , (a ) The Contractor, before undertaking to proved for général use as a safe and effcacious Assistant Secretary of the Army conduct either the clinical pharmacology or drug, if during course of investigation. ( Installations and Logistics) . ' clinical trials of an investigational drug un­ (d) The Contractor shall submit progress der a Department of the Army contract, shall reports to The Surgeon General, Attention. submit for the written approval of The Sur­ Chairman, AIDRB, at least once annually, PART 596— FOREIGN PURCHASES geon General, Department of the Army, a and shall submit a final report on termina­ signed completed application and three tion of the investigation. In addition the 4. Section 596.103-2 (c) (3) and Sub­copies to The Surgeon General, Attention: Contractor shall promptly report to the part D are revised to read as follows: Chairman, Army Investigational Drug Re­ AIDRB any unusual or important observa­ view Board, Department of the Army, Wash­ tions occurring during the course of § 596.103—2 Nonavailability in the vestigational drug study, particularly if they United States. ington, D.C. 20315, using the following format: involve any adverse effect that may be re-

FEDERAL REGISTER, VOL. 32, NO. 26— WEDNESDAY, FEBRUARY 8, 1967 RULES AND REGULATIONS 2623

garded as caused by the new drug; if the ad­ cute bonds on behalf of corporate sure­ Accepted------verse effect is alarming, it shall be reported ties, and compliance by individual sure­ (Date) to the AIDRB immediately. ties with § 10.201-2 of this title. Hie (e) Special Conditions Applicable to Clini­Judge Advocate General then shall for­ (Prime Contractor—Insured) cal Investigation of New Drugs: The Con­ ward the bond, together with any con­ By ------tractor shall insure that the investigational drug is administered to subjects only under tract or modification thereof which it the personal supervision of the responsible supports, to the proper office for filing. I investigator or a qualified person to whom The duplicate bond shall be retained and PART 602— LABOR I the responsible investigator has delegated ■ this authority. The Contractor shall also filed in the office to which it pertains or 7. Subpart D, Labor Standards in Con­ I insure that all subjects participating in the which authorized its acceptance. In struction Contracts, is hereby revoked. I investigation or their representatives are case of use of an option in lieu of surety I fully informed and understand that the new I drug is being used for investigational pur- see § 600.202. PART 606— PROCUREMENT FORMS I poses. The written consent of the subjects, (2) Consents of surety shall be han­ or their representatives shall be obtained ex­ dled in the same manner as bonds, ex­ 8. Section 606.552 is revised, and new cept where this is not feasible or, in the re­ cept that, for more expeditious handling, §§ 606.552-1, 606.552-2, 606.552-3, and sponsible investigator’s professional judg­ they, may be forwarded, without the 606.552-4 are added, as follows: ment, is contrary to the best interests of the surety’s signature, to The Judge Advo­ § 606.552 Academic Instruction Con­ subject. When the purpose of administer­ cate General for execution under the tracts. ing an investigational drug is not to benefit Expediter Plan and for approval. the individual to whom it is administered, § 606.552—1 Basic agreement for aca­ (3) The following bonds shall not be final approval for the use of volunteer sub­ demic instruction (D A Form 357). forwarded to The Judge Advocate Gen­ jects shall be obtained as provided in para­ A R 350-200. graph 6, AR 70-25. Benefit to the individual eral: is defined as the administration of a drug (i) Blanket fidelity and forgery bonds. § 606.552—2 Order form to enter into contract for academic instruction to an individual expected to result in the (ii) Bid bonds (except annual bid (DA Form 358). diagnosis, mitigation, treatment, cure, or pre­ bonds). vention of disease or injury of the same in­ (iii) Subcontractor bonds. A R 350-200. dividual. ' ***** § 606.552—3 Basic agreement for off- Subpart O— Clauses for Service § 600.554 Action on termination or duty academic instruction (D A Form Contracts [Revoked] completion o f contract. 588). ***** A R 621-5. (c) The format set forth below shall be PART 600— BONDS, INSURANCE, § 606.552—4 Order form to enter into used in connection with insurance pol­ AND INDEMNIFICATION contract for off-duty academic in­ icies not issued under the National De­ struction (D A Form 589). 6. Paragraph (a) in § 600.112, andfense Projects Rating Plan or War De­ A R 621-5. paragraph (c) in § 600.554 are revised, partment Insurance Rating Plan when as follows: the Government has assumed the con­ 9. Section 606.553 is revised, and §§ 606.553-1, 606.553-2, 606.553-3, 606.- tractor’s obligations for further premium § 600.112 Execution and administration 553-4, and 606.554 are revoked, as fo l­ of bonds and consents o f surety. payments under the policies. lows: A s s ig n m e n t t o G o v e r n m e n t (a) Execution, examination, and dis­ § 606.553 Service order for household tribution of bonds and consents of, sure­ It is agreed that the return premium and goods (DD Form 1164). dividend1 due or to become due the insured ty. (1) Immediately after execution the under Policy N o . ______are hereby assigned See A R 743-455. original of all surety bonds required by to and shall be paid to the United States of procuring activities (except as herein­ America, and the Contractor directs the com­ § 606.553—1 Basic agreement for aca­ pany to make such payments to the Treasurer demic instruction (D A Form 357). after provided in subparagraph (3) of of the United States acting for and on ac­ [Revoked] this paragraph) shall be forwarded di­ count of the United States of America. The United States of America hereby as­ § 606.553—2 Order form to enter into rect to The Judge Advocate General, A t­ contract for academic instruction tention: Bonds Branch, Department of sumes and agrees to fulfill all present and future obligations of the Contractor with (DA Form 358). [Revoked] the Army, Washington, D.C. 20310. I f respect to the payment of the premiums due § 606.553—3 Basic agreement for off- under said policy. such bond was required in support of a duty academic instruction (D A Form contract or modification thereof, the This agreement, upon acceptance by the 588). [Revoked] Contractor, the United States of America and original signed bond shall be attached to the company, shall be effective fr o m ______§ 606.553—4 Order form to enter into the original signed contract or modifica­ Accepted______contract for off-duty academic in­ tion thereof, as the case may be, and (Date) struction (D A Form 589). [R e­ forwarded to The Judge Advocate Gen­ voked] eral. in the event it is not practicable (Name of Insurance Company) § 606.554 Service order for household to forward the original contract or mod­ goods (DD Form 1164). [Re­ B y ------voked] ification, a signed duplicate or an au­ (Title of Official Signing) [C4, APP, Nov. 10, 1966] (Secs. 2301-2314, thenticated copy thereof shall be at­ Accepted______(Date) 3012, 70A Stat. 127-133, 157; 10 U.S.C. 2301- tached to the original bond and for­ 2314, 3012) warded to The Judge Advocate Gen­ U n it e d St a t e s o f A m e r ic a K e n n e t h G. W i « k h a m , eral. The Judge Advocate General shall B y ...... (Authorized Representative) Major General, U.S. Army, examine bonds as to legal sufficiency, in ­ The Adjutant General. cluding proper form and execution, the 1 Omit “and dividend,” if nondividend pay­ (PJB. Doc. 67-1441; Piled, Feb. 7, 1967; authority of corporate officials who exe- ing company. 8:45 a.m.]

FEDERAL REGISTER, VOL. 32, NO. 26— WEDNESDAY, FEBRUARY 8, 1967 No. 26—Pt. I- 2624 RULES AND REGULATIONS

Chapter VI— Department of the Navy I do further direct that Note 13 of l P arce l P ost § 706.2, Title 32, Code of Federal Regula­ Weight limit. 44 pounds for surface par­ SUBCHAPTER B— NAVIGATION tions as published in the F ederal R e g is ­ cels; 22 pounds for air parcels. PART 706— -NAVIGATIONAL LIGHT ter of M ay 12, 1966 (31 F.R. 6962), be revised to read as follows: As the foregoing amendments to WAIVERS Title 39, Code of Federal Regulations, 13. On motor gunboats (PGM), the three Guided Missile Destroyers and do not affect substantive rights, public task lights shall be carried in a vertical line, rule making procedures and advanced Gunboats equally spaced and not less than 3 feet apart in lieu of the prescribed 6-foot separation notice as well as a delayed effective date Sections 360 and 1052 of Title 33, (based on International Buie 4 (c )). are unnecessary and would be contrary United States Code, provide that the re­ to the public interest. I specify that the foregoing amend­ quirements of the Regulations for Pre­ (5 U.S.C. 301, 39 U.S.C. 501, 505) venting Collisions at Sea, 1960, the ments shall become effective on the date Inland Rules, the Great Lakes Rules and of publication of this document in the February 2,1967. F ederal R eg ister . the Western River Rules, as to number, T im o t h y J. M ay, positions, range of visibility, or arc of (Sec. 1, 59 Stat. 590, Sec. 2, 77 Stat. 194, 33 General Counsel. U.S.C. 360,1052) visibility of the lights required to be [P.B. Doc. 67-1457; Piled, Peb. 7, 1967; displayed by vessels shall not apply to [ s e a l] .. R obert H . B. B a l d w in , 8:45 a.m.] any vessel of the Navy when the Secre­ Under Secretary of the Navy. tary of the Navy shall find or certify that, by reason of special construction, it is Ja n u a r y 31, 1967. not possible for such vessel or class of [F.B. Doc. 67-1490; Piled, Peb. 7, 1967; Title 41— PUBLIC CONTRACTS vessels to comply with the statutory pro­ 8:47 a.m.] visions as to navigation lights. AND PROPERTY MANAGEMENT A recent study indicates that the mili­ tary design characteristics of the motor Chapter 1— Federal Procurement gunboat (PGM) preclude the installa­ Title 39— POSTAL SERVICE Regulations tion of the two lower of the three tow­ ing lights required when the length of Chapter I— Post Office Department MISCELLANEOUS AMENDMENTS tow exceeds 600 feet, and the installation This amendment amends Subpart of the two lower of the three task lights, CITY DELIVERY AND INTERNATIONAL MAIL 1-1.7 of the Federal Procurement Regu­ in conformance with Rules 3(a) and lations to include additional and revised 4(c) of the Regulations for Preventing Miscellaneous Amendments small business standards and definitions Collisions at Sea (33 U.S.C. 1063(a) and The regulations of the Post Office De­ prescribed by the Small Business Admin­ 1064(c)). istration. It also amends Subpart 1-12.6, partment are amended as follows: I hereby certify that these motor gun­ Walsh-Healey Public Contracts Act, re­ boats (PGM) are naval vessels of special PART 155— CITY DELIVERY garding the use of prescribed forms. construction and, with respect to the position on such vessels of the towing I. In § 155.6 Apartment house recep­ PART 1-1— GENERAL tacles, the list of manufacturers and and task lights, it is not possible to com­ The table of contents for Part 1-1 is distributors of apartment house mail ply with the requirements of the statutes amended to add a new entry as follows: referred to in section 360 and 1052, Title boxes in paragraph (f) (1) is revised as 33, United States Code. follows: Sec. 1-1.701-10 Base maintenance. I further find that it is feasible to A. Add the following in proper locate these said navigation lights as alphabetical order: Subpart 1—1.7— Small Business follows: L. A. Cal Sheet Metal, Inc., Post Office Box Concerns 385, Pico Blvera, Calif. 90660. (a) The three towing lights shall be 1. Section 1-1.701-1 is amended to carried in a vertical line, equally spaced Wlsor, Smith Metal Products Co., Inc., 35 York Street, Brooklyn, N.Y. 11201. prescribe new and revised provisions in and not less, than three feet apart in lieu paragraphs (a), (c), (d), (f), (h ), and B. Delete the following names: of the prescribed 6-foot separation. (i). As amended, the section reads as (b) The three task lights shall be car­ Kent Corp., Bellevue, Ky. 41071. follows:" ried in a vertical line, equally spaced and Progress Manufacturing Co., Inc., G and Erie not less than three feet apart in lieu of Avenue, Philadelphia, Pa. 19134. § 1-1.701-1 Small business concern (fo r Government procurement). the prescribed 6-foot separation. N o t e : The corresponding Postal Manual sec­ Further, I certify that such locations tion is 155.661. (a ) General. A small business con­ constitute compliance as closely with the cern for the purpose of Government pro­ A p p e n d ix C— D ir e c to r y o f I n t e r ­ applicable statutes as I hereby find to be curement is a concern, including its n a t io n a l M a il feasible. affiliates, which is independently owned I do direct that Note 11 of § 706.2, II. In the Appendix to Subchapter and operated, is not dominant in the field of operation in which it is bidding on Title 32, Code of Federal Regulations as C—The Director of International Mail Government contracts, and can further published in the F ederal R egister of under Individual Country regulations August 31, 1965 (30 F.R. 11173), and make the following changes under qualify under the criteria set forth in this section. (“ Concern” means any amended in the F ederal R egister of “ India” to show an increase in the weight business entity organized for profit with May 12, 1966 (31 F.R. 6962), be revised limit for surface parcels from 22 to 44 a place of business located in the United to read as follows: pounds. States, its possessions, and Puerto Rico, 11. On guided missile destroyers known as A. Under Postal Union Mail the mate­ rial under the item Classifications, including but not limited to, an indi­ the DDG-2 Class, and on destroyer-type ves­ vidual, partnership, corporation, join sels when engaged in towing vessels or ob­ weight limits and dimensions is revised venture, association, or cooperativ • jects exceeding 600 feet in length, the two to read: lower of the three towing 20-point white P o st al U n i o n M a il “Annual receipts” means the annual r - lights will be separated from 3 feet to 15 feet ceipts less returns and allowances oi vertically in lieu of the prescribed 6-foot Classifications, weight limits and dimen­ concern and its affiliates.) For the pu - separation. On motor gunboats (P G M ), the sions. See Chart I in the front of the Ap­ pose of a procurement of a product Clas­ three towing lights shall be carried in a pendix and Part 222 of this chapter. sified into two or more industries wi vertical line, equally spaced and not less different size standards, the smallest than 3 feet apart in lieu of the prescribed B. Under Parcel Post the material 6-foot separation (based on International under the item Weight limit is revised to such size standards shall be used in Buie 3 (a)). read as follows: termining a bidder’s size status, h

FEDERAL REGISTER, VOL. 32, NO. 26— WEDNESDAY, FEBRUARY 8, 1967 RULES AND REGULATIONS 2625 standard for an industry, field of oper­ or produced in the United States, its Census Employ­ ation, or activity (e.g., animal speciality; possessions, or Puerto Rico. However, if classi­ ment size fin fish; anthracite mining; manage­ the goods to be furnished are woolen, fication Industry standard code (number of ment-logistics support to be performed worsted, knitwear, duck, and webbing, employees)1 outside of the several States, Puerto Rico, dealers and converters shall furnish such Virgin Islands, or the District of Colum­ products which have been manufactured * * * * . or produced by a small weaver (small bia) has been set forth in this § 1-1.701-1, MAJOR GROUP 29—PETROLEUM REFINING AND ALLIED a concern bidding on a Government knitter for knitwear) and, if finishing is PRODUCTS contract is a &mall business if, includ­ required, by a small finisher. If the pro­ ing its affiliates, it is independently curement is for thread, dealers and con­ 2952 Asphalt felts and coatings...... - 750 owned and operated, is not dominant in verters shall furnish such products which the field of operation in which it is have been finished by a small finisher. MAJOR GROUP 30—RUBBER AND MISCELLANEOUS PLASTIC bidding on Government contracts, and (Finishing of thread is defined as all PRODUCTS has 500 employees or less. “dyeing, bleaching, glazing, mildew proofing, coating, waxing, and other ap­ 3011 Tires and inner tubes...... 1,000 * * * * * plications required by the pertinent 30111 Passenger car and motorcycle pneumatic tires (casings)____ (*) (C) * * * specification, but excluding mercerizing, 30112 Truck and bus (and off-the- spinning, throwing, or twisting opera­ road) pneumatic tires______(*) (2) Pneumatic tires. As small if if 3021 Rubber footwear______1,000 is bidding on a contract for pneumatic tions.”) If the procurement is for a 3031 Reclaimed rubber-...... 750 tires within Census Classification Codes refined petroleum product, other than a 30111 and 30112; Provided, That (i) the product classified in Standard Industrial * * * Classification Industries No. 2951, Pav­ value of the pneumatic tires within Cen­ MAJOR GROUP 37—TRANSPORTATION EQUIPMENT sus Classification 30111 and 30112 which ing mixtures and blocks, No. 2952, Asphalt felts and coatings, No. 2992, it manufactured in the United States 3717 Motor vehicles and parts *____ 1,000 during the preceding calendar year is Lubricating oils and greases, or No. 2999, 37171 Passenger cars (knocked down more than 50 percent of the value of its Products of petroleum and coal, not or assembled)______(») 3721 Aircraft 4 ______1,500 total worldwide manufacture, (ii) the elsewhere classified, paragraph (i) of this 3722 Aircraft engines and engine value of the pneumatic tires within Cen­ section is for application. (“Nonmanu­ parts4______1,000 facturer” means any concern which in 3723 Aircraft propellers and propel- sus Classification Codes 30111 and 30112 ler parts...... 1,000 which it manufactured worldwide during connection with a specific Government 3729 Aircraft parts and auxiliary procurement contract, other than a con­ Equipment, not elsewhere the preceding calendar year was less classified *...... 1,000 than 5 percent of the value of all such struction or service contract, does not 3731 Shipbuilding and repairing «... 1,000 tires manufactured in the United States manufacture or produce the products re­ 3741 Locomotives and parts______1,000 3742 Railroad and street cars______750 during said period, and (iii) the value of quired to be furnished by such procure­ ment. Nonmanufacturer includes a the principal products which it manu­ * * * r* * factured or otherwise produced or sold concern which can manufacture or pro­ duce the products referred to in the spe­ 2 The size standards for SIC 30111, 30112, and 37171 worldwide during the preceding calendar are set forth in §§ 1-1.701-1 (c)(2) and 1-1.701-1 (c)(5). year is less than 10 percent of the total cific procurement but does not do so in value of such products manufactured or connection with that procurement.) otherwise produced or sold in the United * * * * * (i) Refined petroleum products. Any States during said period. (J) * * * concern bidding on a contract for a re­ fined petroleum product other than a # * * * * (2) As small if it is bidding on a con­ product classified in Standard Industrial tract for engineering services other than (5) Passenger cars. As small if it is Classification Industries No. 2951, Paving marine engineering services and its aver­ bidding on a contract for passenger cars mixture and blocks, No. 2952, Asphalt age annual sales or receipts for the pre­ within Census Classification Code 37171: felts and coatings, No. 2992, Lubricating ceding 3 fiscal years do not exceed $5 Provided, That (i) the value of the pas­ oils and greases, or No. 2999, Products of million ($6,250,000 if the concern is senger cars within Census Classification petroleum and coal, not elsewhere classi­ located in Alaska). Code 37171 which it manufactured or fied, is classified as small if (1) (i) its otherwise produced in the United States * * * * * number of employees does not exceed during the preceding calendar year is (4) As small if it is bidding on a con­ 1,000 persons; (ii) it does not have more more than 50 percent of the value of its tract for janitorial and custodial services than 30,000 barrels-per-day crude oil or total worldwide manufacture or produc­ and its average annual sales or receipts bona fide feed stock capacity from owned tion of such passenger cars, (ii) the value for the preceding 3 fiscal years do not or leased facilities; and (iii) the product of the passenger cars within Census exceed $3 million ($3,750,000 if the con­ to be delivered in the performance of the Classification Code 37171, which it manu­ cern is located in Alaska). contract will contain at least 90 percent factured or otherwise produced during (5) As small if it is bidding on a con­ components refined by the bidder from the preceding calendar year was less tract for base maintenance and its aver­ either crude oil or bona fide feed stocks : than 5 percent of the total value of all age annual sales or receipts for the pre­ Provided, however, That a petroleum re­ such cars manufactured or produced in ceding 3 fiscal years do not exceed $5 fining concern which meets the require­ the United States during the said period, million ($6,250,000 if the concern is ments in subdivisions (i) and (ii) of this and (iii) the value o f the principal prod­ located in Alaska). subparagraph may furnish the product ucts which it manufactured or other­ (6) As small if it is bidding on a con­ of a refinery not qualified as small busi­ wise produced or sold during the pre­ ness if such product is obtained pursuant ceding calendar year is less than 10 per­ tract for naval architectural and marine engineering services and its average an­ to a bona fide exchange agreement, in cent of the total value of such products effect on the date of the bid or offer, manufactured or otherwise produced or nual sales or receipts for the preceding 3 fiscal years do not exceed $6 million between the bidder or offeror and the in the United States during said refiner of the product to be delivered to Period. v ($7,500,000 if the concern is located in (d) * * * Alaska). the Government which requires ex­ (7) As small if it is bidding on a con­ changes in a stated ratio on a refined (3) In the case of Government pro­ petroleum product for a refined petro­ curement reserved for or involving the tract for marine cargo handling services and its annual sales or receipts for the leum product basis, and precludes a Preferential treatment of small business monetary settlement, and that the prod­ concerns (including equal low bids), such preceding 3 fiscal years do not exceed $5 million ($6,250,000 if the concern is ucts exchanged for the products offered nonmanufacturer shall furnish in the and to be delivered to the Government Performance of the contract the products located in Alaska). meet the requirement in subdivision (iii) of a small business manufacturer or pro­ * * * * * of this subparagraph: And provided fur­ ducer which products are manufactured (h ) * * * ther, That the exchange of products for

FEDERAL REGISTER, VOL. 32, NO. 26— WEDNESDAY, FEBRUARY 8, 1967 2626 RULES AND REGULATIONS products to be delivered to the Govern­ not be classified as base maintenance ment, will be completed within 90 days but in the industry in which such serv­ Title 47— TELECOMMUNICATION after expiration of the delivery period ice is classified. [FCC 67-137] under the Government contract; or (2) its number o f employees does not exceed Chapter I— Federal Communications 500 persons and the product to be de­ PART 1-2—¡-PROCUREMENT BY Commission livered to the Government has been re­ FORMAL ADVERTISING PART 0— COMMISSION fined by a concern which qualifies under Subpart 1—2.4— Opening of Bids and subparagraph (l)(i) of this paragraph. ORGANIZATION Award of Contract (“Bona fide feed stocks” means crude PART 13— COMMERCIAL RADIO and any other hydrocarbon material ac­ Section 1-2.404-2 is amended to revise OPERATORS tually charged to refinery processing the cross reference in paragraph (f), as units, as distinguished from materials follows: Restricted Radiotelephone Operator used as components in products to be Permit delivered after merely filtering, settling, § 1—2.404—2 Rejection of individual bids. or blending.) In the matter of amendment of Parts * * * * * 0 and 13 to provide for change in proce­ 2. Section 1-1.701-2 is revised to read (f) Where a bid guarantee is requireddure for applying for the Restricted as follows: and a bidder fails to furnish it in ac­ Radiotelephone Operator Permit. § 1-1.701-2 Affiliates. cordance with the requirements of the A t a session of the Federal Communi­ cations Commission held at Its offices in Business concerns are affiliates of each invitation for bids, the bid shall be re­ Washington, D.C., on the 1st day of other when either directly or indirectly jected except as otherwise provided in February 1967, the Commission has un­ (a) one concern (other than an invest­ § 1-10.103-4. der consideration a change in the proce­ ment company licensed under the Small * * * * * dure for filing applications for restricted Business Investment Act of 1958 or reg­ radiotelephone operator permits. istered under the Investment Company Beginning with January 1, 1965, the Act of 1940, as amended), controls or PART 1-12— LABOR Commission made provision for central has the power to control the other, or (b) Subpart 1—12.6— Walsh-Healey processing of applications for restricted a third party or parties (other than an radiotelephone operator permits. Ac­ investment company licensed under the Public Contracts Act cordingly, with some minor exceptions, Small Business Investment Act of 1958 Section 1-12.604 is amended to revise applicants for such permits are now re­ or registered under the Investment Com­ paragraphs (b), (c), and (d). As quired to file their applications in the pany Act of 1940, as amended), controls amended, the section reads as follows: Commission’s offices in Gettysburg, Pa. or has the power to control both. In de­ The time required for filing applica­ termining whether concerns are inde­ § 1—12.604 Responsibilities o f contract­ tions in Gettysburg and for delivering the pendently owned and operated and ing officers. permits after they are granted appears whether affiliation exists, consideration * * * ♦ ♦ excessive in the case of applicants in shall be given to all appropriate factors, (b) Furnish to the contractor Form Alaska, Hawaii, Puerto Rico, and the including common ownership, common PC-13, Letter and Poster (issued 1965), Virgin Islands, and therefore the rules management, and contractual relation­ explaining the application of the Walsh- and regulations should be amended to ships: Provided, however, That re­ Healey Public Contracts Act and giving permit them to file applications in field straints imposed on a franchisee by its offices. franchise agreement shall not be con­ instructions for display of the Poster; Because the amendments ordered sidered in determining whether the (c) Furnish to the contractor Form herein are procedural in nature and not franchisor controls or has the power to PC-16 (issued 1965), Minimum Wage substantive, the prior notice and effective control and, therefore, is affiliated with Determinations, under the Walsh-Healey date provisions of the Administrative the franchisee, if the franchisee has the Public Contracts Act, for ascertaining Procedure Act are not applicable. right to profit from his effort, commen­ It is ordered, Effective February 10, the minimum wage determinations ap­ surate with ownership, and bears the risk 1967 pursuant to sections 4(i) and 303(r) of lass or failure. plicable to his contract; of the Communications Act of 1934, as 3. Section 1-1.701-10 is added to read (d) Prepare and transmit to the amended, that Parts 0 and 13 of the rules as follows: Department of Labor two copies of the and regulations are amended as shown Notice of Award (Revised Standard below. § 1—1.701—10 Base maintenance. Form 99) immediately on award of the (Sec. 4, 48 Stat. 1066, as amended; 47 U.S.C. “Base maintenance” means furnishing contract; and 154. Interprets or applies sec. 308, 48 Stat. 1082, as amended; 47 U.S.C. 303) at an installation within the several * * * * * States, Puerto Rico, Virgin Islands, or the (Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c) ) Released: February 3,1967. District of Columbia three or more of Effective date. This regulation is ef­ F ederal Communications the following services: Janitorial and C o m m is s io n , fective upon publication in the F ederal custodial services, protective guard serv­ [ s e a l] B e n F. W a p l e , R eg ister , except the industry employ­ Secretary. ices, commissary services, fire prevention ment size standard in § 1-1.701-1 (h ) for services, refuse collection services, safety Census Classification Code No. 3721, A ir­ Chapter I of Title 47 of the Code of Federal Regulations is amended engineering services, messenger services, craft, which is effective February 1, 1967, as fol­ grounds maintenance and landscaping lows: for invitations for bids or requests for 1. In Part 0, § 0.443(c) is amended to services, and air-conditioning and re­ proposals issued on or after that date. read as follows: frigeration maintenance: Provided, how­ Dated: February 2,1967. ever, That whenever the contracting offi­ § 0.443 Applications for amateur sta­ tion and operator license and/or cer determines prior to the issuance of J. E. M o o d y , bids thjat the estimated value of one of Acting Administrator commercial operator license. * * # * * the foregoing services constitutes more of General Services. (c) Application for commercial opera­ than 50 percent of the estimated value [F.R. Doc. 67-1460; Filed, Feb. 7, 1967; of the entire contract, the contract shall 8:45 a.m.] tor license for which examination is no

FEDERAL REGISTER, VOL. 32, NO. 26— WEDNESDAY, FEBRUARY 8, 1967 RULES AND REGULATIONS 2627 required (Restricted Radiotelephone Op­ 1. On January 5,1966, the Commission 5. Most of the suggestions contained erator Permit) shall be submitted to the adopted a notice of proposed rule making in the comments are included in the Federal Communications Commission, in the above-entitled matter which was amendments set forth in the appendix Gettysburg, Pa., 17325, with the following published in the F ederal R egister on below, although not necessarily using exceptions: January 12,1966 (31 F.R. 354), in accord­ the exact wording suggested, particu­ (1) When the applicant is located in ance with section 4(a) of the Administra­ larly where different wording was sug­ Alaska, Hawaii, Puerto Rico, or the Vir­ tive Procedure Act. This notice pre­ gested by different parties. Where sug­ gin Islands of the United States, the ap­ sented for comment on or before Febru­ gested amendments for one part of the plication may be submitted by mail or in ary 28, 1966 (with allowance for reply rules appear to be obviously appropriate person to the nearest engineering field comments on or before March 25,1966), for other parts, they are also being in­ office. a proposal to amend Part 31 (Uniform corporated in such other parts. Several (2) When the applicant is at any other System of Accounts for Class A and Class of the suggested amendments were edi­ location and the application is accom­ B Telephone Companies), Part 33 (Uni­ torial in nature and did not involve panied by a written showing by the ap­ form System of Accounts for Class C obsolete items. Nevertheless, such pro­ plicant of immediate need for a permit Telephone Companies), Part 34 (Uni­ posed changes that are deemed appro­ for safety purposes and presented in form System of Accounts for Radiotele­ priate are being incorporated in the person by the applicant or his agent, the graph Carriers), and Part 35 (Uniform amendments set forth in the appendix application may be submitted to the System of Accounts for Wire-Telegraph below. nearest engineering field office. and Ocean-Cable Carriers) of the Com­ 6. RCAC suggested that Account 32, mission’s rules in order to delete refer­ “Other transmitter equipment,” be de­ (3) When application is from an alien ences therein to obsolete property items. leted from Part 34. This account covers pilot (see § 13.4(c) of this chap­ aircraft Comments were also solicited as to any a type of transmitter no longer in use. , it shall be submitted to the Federal ter) items that would seem to warrant inclu­ Through correspondence, RCAC agreed Communications Commission, Washing­ sion in the item lists or other changes in that, if this account is deleted, Account D.C.20554. ton, the systems of accounts not involving 31, “Electron-tube transmitter equip­ 2. In Part 13, § 13.11(b) (1) is amendedchanges in accounting that are believed ment,” should be broadened to include to read as follows: to be appropriate because of changes in the cost of all radio transmitter equip­ § 13.11 Procedure. the art of communication. ment to provide for future contingencies. * * * * * 2. On February 28,1966, the American Accordingly, in the appendix, below, Telephone and Telegraph Co. (AT&T), Account 32 is deleted and the title of (b) Place of filing. (1) An application on behalf of itself and the Bell System Account 31 is amended to read “Radio (FCC Form 753) for restricted radiotele­ telephone companies, filed a request for transmitter equipment,” and the text of phone operator permit shall be submitted a 60-day extension of time in which to the account is amended to Include all to the Federal Communications Commis­ file comments. Accordingly, on March radio transmitter equipment. The title sion, Gettysburg, Pa. 17325, with the fo l­ 7, 1966, the Commission issued an order, of Account 71 is also amended to read lowing exceptions: published in the F ederal R eg ister on “Transportation equipment,” as pro­ (i) When the applicant is located in March 11,1966 (31 F.R. 4303), extending posed in the notice of proposed rule Alaska, Hawaii, Puerto Rico, or the Vir­ the time for filing comments in this pro­ making in this matter. gin Islands of the United States, the ap­ ceeding to April 29, 1966, and the date 7. The following suggestions of AT&T plication may be submitted by mail or in for filing reply comments to M ay 24,1966. are not being adopted: person to the nearest engineering field 3. Timely comments were filed by a. AT&T suggested that the definition office. AT&T, GT&E Service Corp. (GT&E), and of “Telephone operations” and “tele­ Hawaiian Telephone Co. (Hawaiian) phone service” in § 31.01-3 (gg) be (ii) When the applicant is at any other with respect to Part 31; RCA Communi­ amended by adding the words “data location and the application is accom­ cations, Inc. (RCAC), with respect to transmission, program (audio and video) panied by a written showing by the ap­ Part 34; and The Western Union Tele­ transmission, facsimile,” after the word plicant of immediate need for a permit graph Co. (W U) with respect to Part 35. “telegraph” ; also that the phrase “or at for safety purposes and presented in per­ Reply comments were filed by AT&T. the current money value of the security son by the applicant or his agent, the ap­ 4. All those filing comments except received, whichever is more clearly evi­ plication may be submitted to the nearest WU were in favor of amending the sys­ dent” be added after the word “company” engineering field office. tems of accounts to delete obsolete items in §31.1-12(a). We believe that these (iii) When accompanied by a request and made recommendations for deletion suggestions would involve substantive (FCC Form 755) for a waiver of the U.S. of specific items and addition of certain changes not of the character contem­ nationality requirement, as in the case of new items. WU recommended that in plated in this proceeding. an alien applicant who is an aircraft pilot connection with Part 35 of the Commis­ b. AT&T suggested that the word “se­ (see § 13.4(c)), the application shall be sion’s rules no action be taken at this curity” after the word “collateral” be de­ submitted in person or by mail to the time in this proceeding. It stated that leted from §§ 31.101:1 (c) and 31.102(c). Federal Communications Commission, it proposed to submit at a later date rec­ These changes are not believed to serve Washington, D.C. 20554. ommendations, particularly for the in­ any useful purpose and are not being * * * * * side communication plant accounts, that made. [FR. Doc. 67-1470; Filed, Feb. 7, 1967; would provide for more realistic account c. AT&T suggested the addition in 8:45 a.m.] classifications that would be consistent § 31.231 of an item reading “Call direc­ with the service rendered and would pro­ tors.” This item is not being added vide for realistic propérty and retirement since it is a trade name peculiar to equip­ [FCC 67-107; Docket 16407] units. The changes mentioned by WU ment manufactured by the Western Elec­ TELEPHONE c o m p a n i e s , r a d io ­ would not be appropriate for considera­ tric Co. tion in this proceeding in any event un­ teleg ra ph CARRIERS, AND WIRE- d. AT&T’s suggestion that tlfe word der the terms of the notice of proposed “department” in § 31.640 be changed to TELEGRAPH AND OCEAN-CABLE rule making since they would have in­ the word “operations” is not being carriers volved substantive changes in account­ adopted. The system of accounts con­ Uniform System of Accounts; ing. No comments were received with templates a departmental organization respect to Part 33. However, the Com­ and it is not believed appropriate to pro­ Property Items mission believes that Parts 33 and 35, vide for the function performed in lieu In the matter of amendment of Parts as well as Parts 31 and 34, should be of a departmental organization in this I* 33, 34, and 35 of the Commission’s amended at this time to delete obsolete one instance. property items and to add new ones e. AT&T suggested that the lists of rules to delete references to obsolete where items comparable to those pro­ officers and employees appearing under Property items and to add items which posed for amendment in Parts 31 or 34 accounts 661 through 664 be deleted. nave become representative. are applicable to other parts. AT&T stated that it saw no advantage

FEDERAL REGISTER, VOL. 32, NO. 26— WEDNESDAY, FEBRUARY 8, 1967 2628 RULES AND REGULATIONS to updating the lists as it has found appear necessary since air dryers are Ocean-Cable Carriers) of the Commis­ that they no longer serve a useful pur­ being added as an item in §§ 31.242:1, sion’s rules and Annual Report Form R pose. However, the Commission believes 31.242:2, 31.242:3, and 31.242:4. for Radiotelegraph Carriers are amended that these lists m aylie useful to smaller e. In §31.8 under accounts 242:1,as set forth in the Appendix below, ef­ telephone companies and, therefore, they 242:2, 242:3 and 242:4, GT&E suggested fective April 1, 1967, for Parts 31, 33, 34, are not being deleted. the deletion of the retirement units and 35 of the Commission's rules and f . Both AT&T and Hawaiian suggested “Complete cable terminal” and “Pressure effective with the annual report for the the addition in § 31.662 of items per­ contactor terminal.” This suggested calendar year 1967 for Annual Report taining to data processing costs. Since change is not being made as it would be a Form R; and the appropriate accounting for costs substantive change not of the character 12. It is further ordered, That this pertaining to data processing functions contemplated in this proceeding. proceeding is hereby terminated. is now being studied by the Commission, 9. The following suggestions made by (Secs. 4, 219, 220, 48 Stat. 1066, as amended, these suggestions are not being adopted. Hawaiian are not being adopted: 1077, as amended, 1078; 47 U .S .C . 154, 219 and g. In § 31.8 under account 212, AT&T’s a. Hawaiian suggested the addition of 220) suggested addition of a retirement unit an item in § 31.231 reading “Automatic reading “Air-conditioning and dehumid- dialing equipment.” This language is Adopted: January 25, 1967. ifying systems” is not being adopted. more descriptive of equipment includible Released: February 3, 1967. Since many of the component parts of in account 221, “Central office equip­ air-conditioning and dehumidifying ment,” and might prove more confusing Federal Communications than helpful. Accordingly, it is not being Commission,1 systems, while not specified as such, are seal en aple adopted. [ J B F. W , covered by some of the items already Secretary. prescribed as retirement units, the Com­ b. Hawaiian suggested the deletion of mission believes that the addition of this "Receiver” from the list of Officers and retirement unit might imply that only Employees in § 31.661. Receivers are PART 31—-UNIFORM SYSTEM OF AC­ a complete unit would constitute a re­ also mentioned in the text of the account COUNTS FOR CLA SS A AND B tirement unit. and this item is not obsolete even though 8. The following suggestions made byit may be applicable only in unusual TELEPHONE COMPANIES GT&E are not being adopted: circumstances. I. Part 31—Uniform System of Ac­ a. GT&E suggested the addition in c. Hawaiian suggested the deletion of counts for Class A and Class B Telephone § 31.231 of an item reading “Closed cir­ “Paymasters” from the list of Officers Companies is amended as follows: cuit television equipment.” In its reply and Employees in § 31.663. This amend­ 1. Section 31.1-17 is amended to read comments AT&T pointed out that the ment is not believed to be necessary and, as follows: current list of representative items under while paymasters may be an obsolete account 234 includes all television equip­ title, the title is also used in Note A to § 31.1—17 Contingent assets and liabili­ ties. ment on customers’ premises except that section and the function indicated portable equipment subject to use in in the Note is believed desirable for re­ Contingent assets represent a possible central offices and that, therefore, the in­ tention. Accordingly, the suggestion is source of value to the company contin­ clusion of the above item under account not being adopted. gent upon the fulfillment of conditions 231 would be a change in prescribed d. Hawaiian's suggestions that the title regarded as uncertain. Contingent lia­ accounting. Accordingly, this item is of § 31.672 be amended to read “Pensions bilities include items which may under not being included in the amendments. and employee benefits” and that a new certain conditions become obligations of b. GT&E suggested that the title of item be added to the item list reading the company but which are neither direct § 31.234 be amended to read “Large pri­ “Premiums paid for medical and hospital nor assumed liabilities at the date of the vate branch exchanges and special insurance for the benefit of employees balance sheet. In the annual report to equipment.” In its reply comments and their dependents” are not being this Commission, contingent assets and AT&T pointed out that the proposed title adopted. AT&T in its reply comments contingent liabilities shall not be in­ change would require revision in many stated that the proposed title change cluded in the balance sheet but material company and FCC instructions, report would require revision in many company contingent assets and liabilities shall be forms, etc., merely to reflect the change and FCC instructions, report forms, etc., shown in detail in a supplementary state­ in title and that consideration of the merely to reflect the change in title and ment accompanying it. full text of the account is still necessary^ that consideration of the full text of the 2. In §31.120:1, paragraph (a) is to understand in detail the items includ­ account is still necessary to understand amended to read as follows: ible in the account. The Commission in detail the items includible in the ac­ feels that, in the interest of brevity, ac­ count. The item proposed is already § 31.120:1 Accounts receivable from af­ count titles cannot be made descriptive covered by the item reading “Premiums filiated companies. of every item included therein. Accord­ paid for group insurance for the benefit (a) This account sh a ll include ingly, the title of the account is not of employees or their beneficiaries.” amounts due from affiliated companies being amended. 10. In order to correlate Annual Re­ on all transactions that are subject to c. Also in § 31.234 GT&E suggested port Form R for Radiotelegraph Carriers current settlement, except for sales of that the eighth item in the item list be with the amendments made to Part 34, telephone service at regular rates. There revised to specify specially designed sys­ amendments are being made in the ap­ shall be included herein accounts re­ tems and make certain other additions propriate schedules of that report form ceivable arising from division of reve­ and deletions to the equipment listed. to delete references to account 32, “ Other nues. (Note also § 31.1-11.) It is believed that the words "specially transmitter equipment,” and to revise the ***** designed” should not be added preced­ titles of accounts 31 and 71 to read re­ 3. In § 31.122, paragraph (a) is ing the words “ systems fox governmental spectively “Radio transmitter equip­ amended to read as follows: agencies” in the present wording of the ment” and “Transportation equipment.” item since it is not necessary that equip­ 11. It is ordered, That, under authority § 31.122 Material and supplies. ment be specially designed to qualify for contained in sections 4(i), 219, and 220 (a) This account shall include the cost inclusion in account 234. Furthermore, of the Communications Act of 1934, as of unapplied material and supplies held the item is merely an example of repre­ amended, Part 31 (Uniform System of in stock (see also Note E to this account), sentative types of equipment to be in­ Accounts for Class A and Class B Tele­ including plant supplies, motor vehicle cluded. Accordingly, the item is not phone Companies), Part 33 (Uniform being amended. System of Accounts for Class C Tele­ supplies, tools, fuel, and other supplies, d. In § 31.242:1, GT&E suggested the phone Companies), Part 34 (Uniform and material and articles of the com* addition of a note Indicating that air System of Accounts for Radiotelegraph dryers should be charged to the appro­ Carriers), and Part 35 (Uniform System 1 Commissioner Wadsworth absent; Com­ priate cable account. This note does not of Accounts for Wire-Telegraph and missioner Johnson not participating.

FEDERAL REGISTER, VOL. 32, NO. 26— WEDNESDAY, FEBRUARY 8, 1967 RULES AND REGULATIONS 2629

pany In process of manufacture for sup­ Provided, That the method used in deter­ 9. m § 31.221, the item list is amended ply stock. mining average cost gives due regard to to read as follows: ***** the quantity, size and kind of items, § 31.221 Central office equipment. the area in which they were installed 4. Section 31.137 is amended to read as * * * * * and their classification in other respects, follows: as called for by the rules of the Com­ ITEMS § 31.137 Insurance and other funds. mission regarding continuing property (Note §31.01-8) This account shall include the amount records and by the system of continuing Aisle-lighting equipment. of cash, the book cost of securities of property records accepted by the Com­ Announcement equipment— time, weather other companies, and the book or face mission specifically fo r use of the ac­ forecast, etc. amount of nominally issued and nom­ counting company. This method of Automatic message recording equipment. average cost may be applied in retire­ Balconies for distributing frames. inally outstanding securities issued or Banks— connector, selector. assumed by the company, and other ment of such items as telephones, sta­ tion connections, poles, wire, cable, cable Batteries. assets held by trustees or managers Battery cabinets. (including workmen’s compensation terminals, conduit, small private branch Boards— floor alarm, power, test, service commissions) of insurance and other exchanges, and booths. Any company observing. funds which have been specifically set may use average cost of property in­ Building alterations, minor, such as opening aside or invested for specific purposes stalled in a year or band of years. It and closing holes in ceilings, partitions, not provided for elsewhere. A sep­ should be understood, however, that the walls, and floors to permit installations of use of average costs shall not relieve the equipment, power conduit, and wiring. arate subaccount shall be kept fo r each Cables. (See also Note B to this account.) fund under titles which will designate company of the requirement for main­ taining its continuing property records Calculagraphs. the obligation in support of which the Call registers. ✓ fund is created. (Note also §§ 31.1-12, in such manner as to show, where prac­ Carrier-current equipment. 31.1-13, and 31.3-31.) ticable, dates of installation and removal Carrier line filters. so as to provide these data for purposes Circuit breakers. 5. In §31.159:1, paragraph (a) is of mortality studies. Covers for transmission power apparatus. amended to read as follows: * * * * * Desks and tables when equipped with cen­ tral oflice telephone equipment. (See also § 31.159:1 Accounts payable to affiliated 8. In § 31.212, the item list is amended Note A of this account.) companies. to read as follows: Engines, including special foundations not (a) This account s h a ll include a part of buildings. § 31.212 Buildings. Frames— alarm, connector, decoder, decoder amounts owed by the company to affili­ ***** ated companies on all transactions sub­ connector, line finder, line switch, repeater, ITEMS selector, sender, test. ject to current settlement. There shall Fuse boards. be included herein accounts payable (Note § 31.01-8) Fuse panels. arising from divisions of revenues. Antenna supports on buildings. Generators, including special foundations * ♦ * * * Antenna towers, large self-supporting. not a part of buildings. Jumper wires. 6. In § 31.2-20, paragraph (c) is Awnings. Boilers, furnaces, fixtures, and machinery for Key indicator equipment. amended to read as follows: heating, lighting, ventilating, and plum b­ Line concentrator equipment. § 31.2-20 Purpose of telephone plant ing. Line filters. accounts. Cable vaults and conduits constructed as Loading coils. (See also Note C to this account.) ***** part of the building. Central air conditioning systems. Loudspeaker equipment. (c) When telephone plant ordinarily Central dehumidifying systems. Main and intermediate frames. having a service life of more than 1 year Commissions and fees to brokers, agents, Meters. Motors, including special foundations not a is installed for temporary use in tele­ architects, and others. part of buildings. phone service, it shall be accounted for in Door checks and door stops. Multiplex apparatus. the same manner as plant having a Drainage and sewerage systems. Operators’ breastplate transmitters. Electric wiring. service life of more than 1 year. This in­ Operators’ chairs. Elevators. cludes temporary installations of station Operators’ head sets. equipment, plant (such as poles, wire, Escalators. Fences and hedges. Permits and privileges and rights of way for and cable) installed to maintain service Fire-extinguisher systems. installation of externally mounted central during the progress of highway recon­ Garages and shops. oflice equipment. (Note'also §31.2-22(b) struction or during interruptions due to General and central oflice buildings. (7) and Note F to account 211.) Platforms, not part of buildings. storms or other casualties, equipment Grading, excavating, and preparing grounds Pole changers. used for the training of operators, equip­ for buildings, including laying out of Power circuits for emergency use including ment used to provide intercepting posi­ grounds after construction. payment for installation by others of cir­ tions in central offices to handle traffic Improvements to leased buildings. (Note cuits not owned. for a short period following extensive also § 31.2-23.) Power panels. system changes, and similar installations Linoleum and similar floor covering, exclud­ Power plants. of property for telephone service. ing carpets and rugs. Protectors. Motors and generators. * * * * Pulse machines and tone machines. Partitions, including movable. Radio transmitting and receiving equipment. In § 31.2-25, paragraph (e) is Piers and foundations for machinery con­ Rectifiers. amended to read as follows: structed as a permanent part of a building. Register cabinets. Relay racks and coil racks. § 31.2-25 Telephone plant retired. Platforms, storage or loading. Power boards. Relays. * * * * Raised flooring to conceal cabling. Repeater sets. (e) Determination of the cost of prop­ Refrigeration systems. Rheostats. erty to be retired: The cost of telephone Retaining walls. Ringing machines, including special foun­ Screens, door and window. dations not a part of buildings. wk v retired shall be the amount at Sidewalks, pavements, and driveways on Rolling ladders. wnich such property is included in the building grounds. Submarine cable repeaters. , lephone Plant accounts. W hen it is Sprinkling systems. Switchboards and other electrical equip­ opractablc to determine the cost of Storm doors and windows. ment used in operators’ schools. e*cn item due to the relatively large Voiding leases to secure possession of build­ Switchboards—subscribers’ “A” and “B” ®ber or small cost of such items, the ings acquired. trunk, toll, dial system. erage cost of all the items covered by Water, steam, and gas pipes. Switches— connector, line repeater, selec­ .v appropriate subdivision of the account Water-supply systems. tor, repeater, test, distributor. Tarpaulins. aii be used in determining the cost to Window shades and ventilators. Telegraph instruments and equipment. assigned to such items when retired: * * * * * Telephotographic equipment.

FEDERAL REGISTER, VOL. 32, NO. 26— WEDNESDAY, FEBRUARY 8, 1967 2630 RULES AND REGULATIONS

Teletypewriter switchboards and equip­ § 31.234 Large private Branch ex­ Cable—house, including riser and distrib- ment. changes. uting cables extending to floor terminal Test boards. * * * * * boxes, cross-connection boxes at wall out­ Testing and routining central office equip­ lets, etc., where connection is made with ment prior to assignment to service. ITEMS inside wires. Testing equipment and tools, central office. Cable clamps. (See also Note D to this account.) (Note S 31.01-8) Cable rings. Test tables. Cables or wires from distributing frame to Cable terminals or boxes. Ticket holders. switchboard. Closure and splice cases. Toll ticket carriers. Dial system private branch exchanges of Cross-connection wires and fuses installed Traffic load counting equipment. types designed to accommodate 100 or more in the first equipment for service of cable Turrets. lines or which can normally be expanded to terminals or boxes. Water stills for battery service. 100 or more lines, ineluding any nonmulti­ Floor terminal boxes and cross-connection ***** ple manual switchboards used as attend­ boxes at wall outlets. ants’ positions in connection with such dial Fuse boxes. 10. In § 31.231, the item list and system exchanges. Loading coils, building-out condensers, car­ Note C are amended to read as follows: Distributing frames. rier-line filters, and cases therefor. Main-frame-terminating cable extending to § 31.231 Station apparatus. Multiple manual switchboards. Operators’ chairs. outside cable. ***** Operators’ head sets and transmitters. Negative returns. ITEMS Power equipment, including special founda­ Permits and privileges for construction. tions. (Note also § 31.2-22(b ) (7 ).) (Note § 31.01-8) Switching and signaling devices in large in­ Pole seats and balconies. Amplifying equipment. stallations, such as certain key systems for Pressure contactor-terminals. Answering equipment. governmental agencies, including relay Protectors and arresters. Attendants’ cabinets. rack equipment, apparatus cabinets, key Sleeves. Attendants’ desks. cabinets, key boxes, and other components Strand, suspension. Backboards. of such systems. Tree guards. Booths. Switching equipment at switching or relay ♦ * * * 8 Code call units. centers of large private line teletypewriter 14. In § 31.242:2, the item list is Code sending sets. systems. Coin collectors. Television program supply equipment and amended to read as follows: Data sets. other television equipment on customers’ § 31.242:2. "Underground cable. Desk sets, hand sets, wall sets, and com­ premises except portable equipment sub­ bined sets, including those used at main, ject to use in. central offices. * * * * * extension, private branch exchange, and Wires (or small cables used instead of wires) ITEMS installed specifically to serve as trunk, bat­ private line stations, etc. This includes (Note § 31.01-8) tery, or generator circuits from a large such sets used as operator’s sets at large Air dryers. private branch exchange to the point of private branch exchanges and in central Bonds and grounds. offices and operators’ schools. (See also connection with the permanent house or Cable-—feeder, main, subsidiary. outside cables or wires. Note C to this account.) Cable terminals or boxes. Directory stands or shelves. * * * * * Closure and splice cases. Distributing frames. Cross-connection wires and fuses installed Extension bells. 12. In § 31.241, the item list is amended in the first equipment for service of cable Facsimile equipment. to read as follows: terminals or boxes. Hand-set mountings. Electrolysis surveys made in thè course of Messenger, and .similar signaling devices. § 31.241 Pole lines. installing cable. Mobile telephone equipment. ***** Fuse boxes. Operators’ chairs. Loading coils, building-out condensers, car­ ITEMS Operators’ head sets and transmitters. (See rier-line filters, and cases therefor. also Note C to this account.) (Note § 31.01-8) Main-frame-terminating cable extending to Order receiving tables. Anchors. outside cable. Order turrets. A and H fixtures. Negative returns. Power equipment. Bolts. Permits and privileges for construction. Printer-telegraph equipment. Braces, pole and back. (Note also § 31.2—22(b) (7 ).) Private branch exchange equipment—non­ Bridge fixtures. Pressure contactor-terminals. multiple, manual and cordless switchboards Cable arms. Protectors and arresters. and dial equipment of types designed to Clearing routes and tree trimming except Pumping out and cleaning manholes and accommodate fewer than 100 lines and maintenance of previous clearings. (Note ducts in underground cable construction which cannot normally be expanded to also account 602:1.) work. (See also Note A to this account.) more than 99 lines. — Crossarms. Sleeves. Program supply equipment—other than Extension arms. Splicing boxes. television. Guard arms. ***** Public address equipment. Guy clamps. Public telephone signs. Guy stubs. 15. In § 31.242:3, the item list is Stations switching and signaling devices, Guy wire or strand. amended to read as follows: including apparatus cabinets, keys, key Permits and privileges and rights of way cabinets, and other devices used as parts of for construction. (Note also § 31.2-22(b) § 31.242:3 Buried cable. intercommunicating systems. (See also (7) and Note F to account 211.) * * * * account 234.) Pins. ITEMS Subscriber sets. Pole brackets. Telegraph equipment. Poles. (Note § 31.01-8) Teletypewriter equipment, including switch­ Pole steps. Air dryers. ing equipment. (See also accounts 221 and River crossing and long span fixtures. Cable— feeder, main. 234.) Strain insulators. Cable terminals or boxes. * * * * * Towers. Closure and splice cases. , Treating and marking poles. N o te C: Operators’ head sets and trans­ Cross-connection wires and fuses ln8ta\. in the first equipment for service of ca mitters in central offices and at large private 13. In §31.242:1, the item list is branch exchanges, and test sets such as terminals or boxes. those used by wire chiefs, linemen, and amended to read as follows*- Loading colls, building-out condensers, c others, shall be included in account 221, rier-line filters, and cases therefor. § 31.242:1 Aerial cable. Main-frame-terminating cable extending ¡“Central Office equipment,” account 234, “Large private branch exchanges,” or ac­ ***** outside cable. count 264, “Vehicles and other work equip­ ITEMS Negative returns. ment,” as appropriate. Ped6stdls. « Permits and privileges and rights of^way ***** (Note S 31.01-8) Air dryers. construction. (Note also § 31.2- 22(0) i 11. In § 31.234, the item list is amended Bonds and grounds. and Note F to account 211.) to read as follows: Cable— block, feeder, main, subsidiary. Pressure contactor-terminals.

FEDERAL REGISTER, VOL. 32, NO. 26— WEDNESDAY, FEBRUARY 8, 1967 RULES AND REGULATIONS 2631

Protective covering for buried cable, i.e., Equipment in rest, dining, recreation and from services and facilities furnished for cable not run in regular conduit, sucb as medical rooms. such purposes as telephone, teletype­ fiber or other material (except when con­ Fans, electric, portable. writer, program transmission, telephoto­ structed so as to be reusable in place for Fire-extinguisher equipment, portable. graph, data transmission, and remote other cable) and the cost of manholes, etc., Floor-scrubbing and polishing machines. designed specifically for use in such con­ Gas and electric fixtures, portable. control. struction. Lockers and wardrobes, portable. 21. Section 31.521 is amended to read Protectors and arresters, Microfilm equipment. as follows: pumping out and cleaning manholes in Office devices, including addressing, billing, buried cable construction work. (See also blueprinting, computing, dating, duplicat­ § 31.521 Telegraph commissions. ing, mailing, photostat and recording Note A to this account.) This account shall include commis­ Sleeves. machines, cash registers, check writers, Splicing boxes. postage meter machines, typewriters, etc. sions receivable for the billing or collec­ Trenching for and burying cable not run in Pianos and phonographs. tion of telegraph, cable, or radio tolls regular conduit. Projection equipment. on messages transmitted by others. Wire when buried and used as a part of the Radio sets. general distribution system. Racks— magazine, newspaper, umbrella, and 22. In § 31.6-63, paragraph (a) is amended to read as follows: ***** clothing, Refrigerators, portable. § 31.6—63 Distribution of pay and ex­ 16. In § 31.242:4, the item list is Safes. penses of employees. amended to read as follows: Stoves. Switchboards, special type public demonstra­ (a) Charges to the telephone plant, § 31.242:4 Submarine cable. tion. operating expense, and other accounts ***** Tables. for services and expenses of employees Television sets. ITEMS Vacuum sweepers. engaged in activities chargeable to var­ (Note § 3101-8) Vending machines. ious accounts shall be based upon the Water coolers. actual time engaged in the respective Air dryers. classes of work except that the pay and Cable— feeder, main. ***** Cable terminals or boxes. expenses of an employee who performs 19. In § 31.264, the item list is amended the same type of work from day to day Loading coils, building-out condensers, car­ to read as follows: rier-line filters, and cases therefor. may be distributed upon the basis of a Permits and privileges and rights of way for § 31.264 Vehicles and other work equip­ study of the time actually engaged dur­ construction. (Note also § 31.2-22(b) (7) ment. ing a representative period. and Note P to account 211.) ***** * * * * * Pressure contactor-terminals. Protectors and arresters. ITEMS 23. In § 31.602:1, the item list is Sleeves. (Note §31.01-8) amended to read as follows: Submarine cable terminal huts. Air compressors. § 31.602:1 Repairs o f pole lines. ***** Aircraft. * * * * * Automobiles, motor trucks and tractors, 17. In § 31.243, the item list is amended ITEMS to read as follows: including those equipped with earth-boring machines, pumps, winches, etc. (Note § 31.01-8) § 31.243 Aerial wire. Boats and barges. Inspecting, testing, and reporting on the * * * * * Blowers, power. condition of pole lines to determine the ITEMS Carts, cable splicers. need for repairs or replacements. Compressed air tools. Moving poles in connection with road and (Note § 31.01-8) Concrete mixers and breakers. street changes. (Note also § 31.2-25.) Derricks. Bridle rings. Permits and privileges for maintenance work. Drills and hammers, power. Reinforcing and resetting poles. Bridle wire. Earth-boring machines. Ground wire, clamps, and rods. Replacing minor items of pole lines, includ­ Gasoline and oil pumps, portable. ing labor and material used and the re­ Insulators and thimbles. . Hand tools. Loading coils, building-out condensers, car­ moval and recovery of the items retired less Hand trucks. salvage recovered, except when such items rier-line filters, and cases therefor. Lasher, cable. Permits and privileges for construction. are replaced through the replacement of Lathes. retirement units. (Note also § 31.2-25.) (Note also § 31.2-22(b) (7 ).) Loaders, power. Protectors and arresters. Respacing poles and crossarms. Motors and generators. Restoring condition of pole lines damaged by Repeating colls. Planers. Rural ahd urban distribution wire. storms, fires, or other casualties. (Note Plows, câblé laying. also § 31.2-25.) He wires. Pole-treating apparatus, chemical. Transposition brackets. Straightening poles and crossarms. Pumps. Tightening guys and raking guy stubs. Transposition of the circuits in initial con­ Rodder, duct. struction work and any additions or bet­ Transferring crossarms and guys in con­ Saws, power. terments resulting from transposing or re­ nection with replacements of poles and Snowmobiles. transposing existing circuits. crossarms. Tamping and back-filling machines. Trenching poles. * * * * * Tents, cable splicers’. Trimming trees, cutting underbrush, and 18. In § 31.261, the item list is amended Testing equipment, portable. (See also, other work to maintain previous clearance to read as follows: Note B to this account.) of right of way. Torches. Work on the property of others in connec­ § 31.261 Furniture and office equip­ Trailers. tion with the maintenance of the pole ment. Trenching machines. lines of the company. (See also note A to Winches, power. this account.) * * * * * Wire-measuring machines. * * * * ' * ITEMS ♦ * * * * 24. In § 31.602:2, the item list is (Note §31.01-8) 20. Section 31.504 is amended to read amended to read as follows: as follows: Air conditioning units, portable. § 31.602:2 Repairs of aerial cable. Beds, cots, and couches. §31.504 Local private line services. Bins, counters, and shelves. * * * * * Bookcases. This account shall include local serv­ ITEMS Cabinets and filing cases. ice revenues from local private line serv­ (Note § 31.01-8) Chairs, carpets, and rugs. ices and facilities furnished on an ex­ Data processing equipment. Clearing defective cable pairs. Davenports. clusive basis, either continuously or dur­ Inspecting, testing, and reporting on the Dehumidifying units, portable. ing stated periods, between points in condition of aerial cable plant to determine Desks. the same local service area. It shall in­ the need for repairs or replacements. (Note Drapes. clude local private line service revenues also account 603.)

FEDERAL REGISTER, VOL. 32, NO. 26— WEDNESDAY, FEBRUARY 8, 1967 No. 26—Pt. I------5 2632 RULES AND REGULATIONS

Installing, transferring, replacing, and re­ § 31.602:4 Repairs of buried cable. § 31.602:6 Repairs of aerial wire. m o vin g cross-connection wires and fuses * * * * * ***** in cable terminals or boxes. (See also note ' ITEMS ITEMS A to th is account.) Maintaining gas pressure. (Note § 31.01-8) (Note § 31.01-8) Maintenance of air dryers. Clearing defective cable pairs. Cutting out or cutting in slack in aerial wire. Moving aerial cable plant. Inspecting, testing, and reporting on the Inspecting, testing, and reporting on the O p e n in g ,. testing, splicing, and other work condition of the buried cable plant to de­ condition of aerial wire plant to determine of transferring pairs in cable and trans­ termine the need for repairs or replace­ the need for repairs or replacements. ferring cable from one cable or stub to an­ ments. (Note also account 603.) (Note also account 603.) other cable or stub. Moving aerial wire. (Note also § 31.2-25.) Permits and privileges for maintenance work. Installing, transferring, replacing, and re­ moving cross-connection wires and fuses in Permits and privileges for maintenance work. R e p la cin g minor items of aerial cable plant, Rearranging wires on pins. in c lu d in g labor and material used and the cable terminals or boxes. (See also note Replacing minor items of aerial wire plant, removal and recovery of the items retired A to this account.) including labor and material used and the less salvage recovered, except when such Maintaining gas pressure. removal and recovery of the items retired item s are replaced through the replace­ Maintenance of air dryers. less Salvage recovered, except when such m en t o f retirement units. (Note also Moving buried cable plant. (Note also § 31.2-25.) items are replaced through the replace­ § 31.2-25.) ment of retirement units. (Note also Restoring condition of aerial cable plant" Opening, testing, splicing, and other work damaged by storms, fires, or other casual­ of transferring pairs in cable and trans­ § 31.2-25.) Restoring condition of aerial wire plant dam­ ties. (Note also § 31.2-25.) ferring cable from one cable or stub to aged by storms, fires, or other casualties. Testing for, locating, and clearing trouble. another cable or stub. (Note also § 31.2-25.) (Note also account 603.) Permits and privileges for maintenance work. Testing for, locating, and clearing trouble. Tightening suspension strand and cutting Replacing minor items of buried cable plant, (Note also account 603.) out cable slack. including labor and material used and the Transferring aerial wire in connection with Transferring cable, cable boxes, and other removal and recovery of the items retired replacements of poles and cross arms.' aerial cable plant in connection with re­ less salvage recovered, except when such Transposing or retransposing existing aerial placements of poles and crossarms. items are replaced through the replace­ Work on the property of others in connec­ ment of retirement units. (Note also wire, including such work for the removal tion with the maintenance of the aerial § 31.2-25.) of electric interference and for the creation cable plant of the company. (See also Restoring condition of buried cable plant of phantom and carrier circuits subse­ note B to this account.) damaged by storms, fires, or other casual­ quent to the Original installation of wires. ties. (Note also § 31.2-25.) (See also note A to this account.) ***** Testing for, locating, and clearing trouble. Work on the property of others in connection 25. In § 31.602:3, the item list is (Note also account 603.) with the maintenance of the aerial wire plant of the company. (See also note B to amended to read as follows : Work on the property of others in connection with the maintenance of the buried cable this account.) § 31.602:3 Repairs of underground plant of the company. (See also note B * * * * * cable. to this account.) ***** • * * * * 29. In § 31.602:7, the item list is amended to read as follows: ITEMS 27. In § 31.602:5, the item list is § 31.602:7 R e p a irs o f underground (Note § 31.01-8) amended to read as follows: conduit. §31.602:5 Repairs of submarine cable. Clearing defective cable pairs. * * * * * Inspecting, testing, and reporting on the con­ * * * * 4c ITEMS dition of the underground cable plant to ITEMS determine the need for repairs or replace­ (Note § 31.01-8) ments. (Note also account 603.) (Note § 31.01-8) Installing, transferring, replacing, and re­ Cleaning manholes and ducts. (See also moving cross-connection wires and fuses in Clearing defective cable pairs. note A to this account.) cable terminals or boxes. (See also note Inspecting, testing, and reporting on the Moving underground conduit plant. (Note A to this account.) condition of submarine cable plant to de­ also § 31.2-25.) Maintaining gas pressure. termine the need for repairs or replace­ Opening pavement and repaving in connec­ Maintenance of air dryers. ments. (Note also account 603.) tion with repairs of underground cable and Moving underground cable plant. (Note Installing, transferring, replacing, and re­ conduit. also § 31.2—25.) moving cross-connection wires and fuses in Permits and privileges for maintenance work. Opening, testing, splicing, and other work of cable terminals or boxes. (See also note A Replacing minor items of underground con­ transferring pairs in cable and transferring to this account.) duit plant, including labor and material cable from one cable or stub to another Maintaining gas pressure. used and the removal and recovery of the cable or stub. Maintenance of air dryers. items retired less salvage recovered, except Permits and privileges for maintenance Opening, testing, splicing, and other work when such items are replaced through the work. of transferring pairs in cable and transfer­ replacement of retirement units. (Note Replacing minor items of underground cable ring cable from one cable or stub to another also § 31.2—25.) plant, including labor and material used cable or stub. Restoring condition of underground con­ and the removal and recovery of the items Permits and privileges for maintenance duit plant damaged by storms, fires, or retired less salvage recovered, except when work. other casualties. (Note also § 31.2-25.) such items are replaced through the re­ Replacing minor items of submarine cable Work on the property of others in connec­ placement of retirement units. (Note also plant, including labor and material used tion with the maintenance of the under­ § 31.2-25.) and the removal and recovery of the items ground conduit plant of the company. Reracking cables. retired less salvage recovered, except when (See also note B to this account.) Restoring condition of underground cable such items are replaced through the re­ ***** plant damaged by storms, fires, or other placement of retirement units. (Note also 3. In § 31.604, the item list is amended casualties. (Note also § 31.2-25.) § 31.2-25.) Testing for, locating, and clearing trouble. Restoring condition of submarine cable to read as follows: (Note also account 603.) plant damaged by storms, fires, or other § 31.604 Repairs o f central office equip* Tests and surveys of existing plant to detect casualties. (Note also § 31.2-25.) presence of electrolysis. (See note A to Testing for, locating, and clearing trouble. ment. this account, also account 603.) (Note also account 603.) ***** Work on the property of others in connection Work on the property of others in connec­ ITEMS with the maintenance of the underground tion with the maintenance of the sub­ cable plant of the company. (See also marine cable plant of the company. (See (Note § 31.01-8) note B to this account.) also note B to this account.) Adding acid and water to batteries and ***** ***** reading specific gravity, current drain, and 26. In § 31.602:4, the item list is 28. In § 31.602:6, the item list is voltage of batteries. amended to read as follows: amended to read as follows: Cleaning equipment.

FEDERAL REGISTER, VOL. 32, NO. 26— WEDNESDAY, FEBRUARY 8, 1967 RULES AND REGULATIONS 2633

Disconnecting and reconnecting customers’ erators, supervisors, ticket distributors, Pay of operators, supervisors, chief opera­ lines in central offices for temporary pe­ switchboard operators’ information op­ tors, etc., attending supplemental training riods of nonuse or for nonpayment of bills. erators, directory operators, private or post-graduate courses. Disconnecting customers’ lines in central of­ Pay of student operators rendering no serv­ fices due to termination of service. branch exchange operators, telegraph ice. House service. (Note also account 707.) operators, teletypewriter operators, op­ Postage, printing, and stationery. Lubrication, adjustment, and cleaning of erators employed in quoting toll rates Repairs of furniture and office equipment, power equipment, including the lubrica­ and charges, listening-in work in con­ and cost and repairs of individual items of tion and cleaning of drive motors and nection with coaching operators, help­ small value or short life. driving mechanism in panel offices. ing subscribers to place and complete Supplies for employment and school work. Operating prime movers, generators, and calls together with the incidental record­ Traveling expenses. motors. Reading and recording information from ing of subscribers’ complaints, operat­ ***** message registers and traffic load counters ing telephotographic equipment, and 35. In § 31.629, the item list is amended located in central offices. all other operators employed in the op­ to read as follows: Rearranging and replacing frame cross- eration of central office and private connection wires. (See also note A to branch exchange equipment. § 31.629 Central office stationery and printing. this account.) (b) This account shall include also the Removing sediment from storage batteries pay of clerks, stenographers, personnel * * ' * * * and the cost of repairing storage batteries, ITEMS including replacement of minor items. assistants, and messengers engaged in Repairing used central office equipment for line assignments, peg counts, message (Note § 31.01-8) reuse. register readings, plug counts, preparing Message records such as paper tickets, mark Replacement of central office dry cell time or attendance records, pay rolls, sense cards, AMA tapes, magnetic tapes, batteries. intercepting records, panel and jack etc., traffic department’s expense of. Replacing minor items of central office Office supplies. equipment, including labor and material records, line and station reports, deliv­ Printing and distributing tariff and route used and the removal and recovery of the ering messages or notifying persons of data, traffic department’s proportion of cost items retired less salvage recovered, except calls, facilities administration, ticket in­ of. (See also note A to this account.) when such items are replaced through vestigation, and similar traffic work per­ Printing directories of telephone numbers the replacement of retirement units. by street addresses, traffic department’s ex­ (Note also § 31.2-25.) formed in central offices or centralized pense of. (See also note B to this Starting-, stopping, and watching operation outside of central offices. It shall in­ account.) of power equipment. Tickets and other central office stationery Supplies, such as acid, caustic soda, cheese­ clude the pay of such employees while engaged in underlining switchboard and supplies furnished connecting com­ cloth, commutator paste, dry cells, electro­ panies. lyte, kerosene, oil, and waste. jacks and placing and changing number Transportation of message records, traffic Tools and other individual central office department’s expense of. equipment— items of small value or short plates and designation strips. life, cost and repairs of. (Note also § 31.2-20(d).) 33. In § 31.626, the item list is 36. In § 31.630, the item list is amended Training employees for central office repair work. amended to read as follows: to read as follows : Underlining switchboard jacks, renewing § 31.626 Rest and lunch rooms. § 31.630 Central office house service. switchboard markings, and placing and ***** changing number plates and designation * * * * * strips, not incident to construction. (See ITEMS ITEMS also note C to this account.) (Note §31.01-8) (Note §31.01-8) * * * * * Bedding. Electricity for elevators, fans, lights, and 31. In § 31.622, the item list is amended Dishes. ventilators. (See also note A to this ac­ to read as follows: Electric power for cooking, refrigeration, or count.) operating kitchen equipment. Fuel, towels, water, toilet, and other supplies. Pood supplies. § 31.622 Service inspection and cus­ * * * * * tomer instruction. Fuel for cooking. Handling orders and bills for supplies. * * * * * 37. In § 31.642, the item list is amended House service. (Note also account 707.) to read as follows: ITEMS Laundry. § 31.642 Advertising. (Note § 31.01-8) Linen. Lunch-room managers, cooks, cashiers, ***** Card notices and other literature for in­ waiters, and kitchen helpers, pay and ex­ ITEMS struction of customers in use of dial penses of. equipment. Medical supplies, including first-aid ma­ (Note §31.01-8) Employment and training of private branch terials, used in operators’ quarters. exchange operators apart from the regular Newspapers, magazines, and phonograph Announcements of rates changes. (See also employment and training of operators. records. note A to this account.) Commercial advertising in newspapers and House service. (Note also account 707.) Nurses, matrons, and attendants for op­ magazines and on radio and television. Investigation and adjustment of traffic serv­ erators’ quarters, pay and expenses of. (See also note A to this account.) ice complaints. (See also note B to this Postage, printing, and stationery. Commercial advertising matter such as account.) Repairs of furniture and equipment, and Making test calls. cost and repairs of individual items of posters, bulletins, booklets, and related Observation of handling of traffic by opera­ small value or short life. items. (See also note A to this account.) Electric current consumed in illuminating tors. (See also note C to this account.) Silverware. public telephone signs. Observation of accuracy of measured serv­ Uniforms. ice charges. Exhibits in connection with industrial ex­ Office supplies. ***** positions, expenses of. (See also note B ?°®taSe> printing, and stationery. 34. h i § 31.627, the item list is amended to this account.) Private branch exchange service supervisors, to read as follows: House service. (Note also account 707.) pay and expense of. Lecture and demonstration tours for pro­ Repairs of furniture and office equipment, § 31.627 Operators’ employment and motion purposes. (See also note B to this and cost and repairs of individual items of training. account.) small value or short life. * * * * * Managers and their office forces in charge of Summarization of service observation data. advertising and publicity, pay and expenses traveling expenses. ITEMS of. * * * * * (Note §31.01-8) Motion pictures. Office supplies. n>\2, 111 § 31.624, paragraphs (a ) . and Advertising for operators, cost of. Postage, printing, and stationery. are amended to read as follows: Pay and expenses of employees engaged in Promotional advertising in the company’s the employment of operators and in inter­ directories, such as colored page inserts, § 31.624 ^ Operators’ wages. viewing applicants. when additional printing and binding costs , 'a? . account shall include the pay Pay and expenses of instructors, messengers, are incurred. i chief operators, assistant chief op­ personnel supervisors, etc., in schools. Radio and television programs.

FEDERAL REGISTER, VOL. 32, NO. 26— WEDNESDAY, FEBRUARY 8, 1967 2634 RULES AND REGULATIONS

Repairs of furniture and office equipment, Membership fees and dues of officers and em­ Repairs of furniture and office equipment, and cost and repairs of individual items of ployees in trade, technical and professional and cost and repairs of individual items of small value or short life. associations: small value or short life. Traveling expenses. Office supplies. Repairs of vehicles and other work equip­ Window displays. Postage, including that used in mailing bills ment, and cost and repairs of individual ***** to customers by accounting department items of small value or short life. and in forwarding message and other bill­ Supplies used in the operation of vehicles 38. In § 31.645, the item list is amended ing service data to local collection offices. and other work equipment, garages, shops, to read as follows: Printing. toolrooms, and other quarters. Repairs of furniture and office equipment, Supervising officers and their office and field § 31.645 Local commercial operations. and cost and repairs of individual items of forces, including inspectors, testers, garage- * * * * * small value or short life. men, and other employees, pay and ex­ ITEMS Stationery supplies. penses of. Telephone and telegraph .service, amounts (Note § 31.01-8) paid others for. 42. In § 31.707, the item list is amended Badges. Traveling expenses. to read as follows: Business office signs on windows, doors, etc. Coin-box collectors, guards and supervisors ***** § 31.707 House service expense. of coin-box collections, pay and expenses of. 40. In § 31.668, the list of losses and ***** Customers’ accounts, cost of keeping and damages is amended to read as follows: ITEMS billing, when performed in the course of local commercial operations. (See also § 31.668 Insurance. (Note § 31.01-8) note C to this account.) ***** Building superintendents and others engaged Pees paid banks or others for collection of in supervising house service operations, pay customers’ bills. (For law expenses see ac­ LOSSES AND DAMAGES and expenses of. count 664.) (Note § 31.01-8) Cleaning supplies. House service. (Note also account 707.) Elevator and escalator service. Managers in charge of local commercial oper­ Burglaries, holdups, check alterations, and ations, supervisors, service representatives, forgeries. Fuel. bookkeepers, cashiers, clerks, and collectors, Damages to the property of others. Heat. pay and expenses of. (See also note C to Defalcations of employees and agents. Janitor service. Light. this account.) Fire and other casualties to telephone Office supplies. Office supplies. plant. Postage, printing, and stationery. Postage, printing, and stationery. Fire and other casualties to telephone Power. (Note also accounts 604 and 610.) Repairs of furniture and office equipment, plant rented to others, the rents from and cost and repairs of individual items of which are includible in account 524. Refrigeration. small value or short life. Injury to or death of employees. Rent paid for and, repairs of rented quar­ Traveling expenses. Injury to or death of persons other than ters used in the supervision of general house service operations, other than space ***** employees. Loss due to business interruption (i.e., use used by janitors and similar employees in 39. In § 31.662, the list of officers and and occupancy insurance). furnishing house service for a particular employees and the list of expenses and Loss of service of employees through death, building. (Note also § 31.2-23.) supplies are amended to read as follows: sickness, injury, or other cause. Repairs of furniture and office equipment, Loss of unbilled message records. and cost and repairs of individual items of § 31.662 Accounting department. Nonperformance of contractual obligations small value or short life. * * * * * of others. 43. In § 31.8, the list of retirement OFFICERS AND EMPLOYEES * * * * * units under center caption “ 212 Build­ (Note § 31.01-8) 41. In § 31.702, paragraph (a) and the ings” is amended by adding a new unit item list are amended to read as follows: immediately preceding the note; and the Accountants. (See also note to this account.) list of retirement units under center cap­ Auditor of disbursements. § 31.702 Vehicle and other work equip­ tion “ 242:1 Aerial Cables; 242:2 Under­ Auditor of receipts. Auditors— general and division. ment expense. ground Cable; 242:3 Buried Cable; 242:4 Bookkeepers. (a) This account shall include the ex­Submarine Cable” is amended by adding a new unit at the end of the list as Chief accountant. pense of operating vehicles and other Chief statistician. follows: Chief traveling auditor. work equipment, including expenses of Clerks. garages, shops, and toolrooms and the § 31.8 List of retirement units. Comptroller. amount of depreciation charges appli­ • * * * * Division auditor of disbursements. 212 Buildings. Division auditor of receipts. cable to the accounting period for plant General accountants. classified in account 264, “Vehicles and * * * * * A self-supporting structure used to support Office managers. (See also note to this ac­ other work equipment,” except equip­ count.) antennae. Plant accountants. ment of storerooms. * * * * * Revenue accountants. ***** 242:1 Aerial Cable. Statisticians. ITEMS Supervisors of methods, bookkeeping, vouch­ 242:2 Underground Cable. 242:3 Buried Cable. ers, pay rolls, estimates, etc. (Note § 31.01-8) Tax accountants. 242:4 Submarine Cable. Traveling auditors. Books and periodicals. * * * * , * Depreciation of vehicles and other work Vice president in charge of accounting de­ An air dryer. . partment. equipment, except equipment of store­ Assistants authorized to act for officers of ac­ rooms. * * * * * counting department. House service. (Note also account 707.) 44. In Appendix B to Part 31, section Office and staff forces (e.g., staff assistants, Insurance (see also note to account 668), 4(a) is amended to read as follows: secretaries, stenographers, messengers, of­ including that against losses and damages fice boys, etc.) of officers and employees of to or by vehicles and other work equipment. A p p e n d ix B accounting department. License fees for vehicles and for drivers. STANDARD PRACTICES FOR THE ESTABLISHMENT Office supplies. AND MAINTENANCE OF CONTINUING PROPERTY EXPENSES AND SUPPLIES Overages and shortages in material and sup­ RECORDS BY TELEPHONE COMPANIES HAVING (Note § 31.01-8) plies for vehicles and other work equip­ INVESTMENT IN ACCOUNT 100 :i , "TELEPHONE ment. PLANT IN SERVICE,” IN EXCESS OF $40,000,000 Automobile service, including charges Parking fees. through clearing account 702. Postage, printing, and stationery. * * * * /’* Books and periodicals for office use. Rent paid for and repairs of rented vehicles 4. Average costs, (a) In the development House service. (Note also account 707.) and other work equipment, garages, shops, of average costs for plant consisting of a large Meals, including payments therefor on ac­ toolrooms, and other quarters. (Note also number of similar units, such as telephones, count of overtime work. i 31.2-23.) station connections, poles, wire, cable, cable

FEDERAL REGISTER, VOL. 32, NO. 26— WEDNESDAY, FEBRUARY 8, 1967 RULES AND REGULATIONS 2635 terminals, conduit, small private branch ex­ p a r t 34— UNIFORM SYSTEM OF AC­ Cooling apparatus (account 33). changes, and booths, units of similar size and Receiver equipment (account 34). type within each specified accounting area COUNTS FOR RADIOTELEGRAPH Power supply and distribution equipment and plant account may be grouped without CARRIERS (account 36). regard to year of construction. Each such Ocean cable (account 37). average cost shall be set forth in the contin­ III. Part 34—Uniform System of Ac­Control apparatus (account 40). uing property record or in record’s supple­ counts for Radiotelegraph Carriers is Equipment on customers’ premises (account mental thereto and in support thereof. amended as follows: 41). * * * * * 1. § 34.04-1 is amended to read asFurniture and office equipment (account 51). follows: Ship station equipment (account 61). Other mobile station equipment (account § 34.04—1 Classes o f depreciable oper­ 69). PART 33— UNIFORM SYSTEM OF AC­ ated plant. Transportation equipment (account 71). Shop equipment, tools, and implements (ac­ COUNTS FOR CLASS C TELEPHONE The classes of depreciable operated COMPANIES count 72). plant and the accounts in which the cost Store and Warehouse equipment (account II. Part 33—Uniform System of Ac­of such plant is included are as follows: 73). counts for Class C Telephone Companies Land improvements (account 12). 2. In § 34.1-99, the line for account 32, Drainage, sewerage, gas, and water systems Other transmitter equipment, is revoked is amended as follows: (account 13).. 1. In § 33.1064, the item list is amended and the lines for accounts 31 and 71 and Buildings (account 14). the footnote are amended to read as to read as follows; Towers and masts (account 21). follows: Antenna systems (account 22). §33.1064 V e h ic le s and other work Control lines (account 26). § 34.1—99 Contemplated form of plant equipment. Power-supply lines (account 27). statement. * • * * * Radio transmitter equipment (account 31). * * ITEMS 31 $______$_____ (S) (See § 33.13) * * * $ $ 71 $______$______$____ $ $ 1. Automobiles, motor trucks, and tractors, * *' * * * * * * * * * * including those equipped with earth­ boring machines, pumps, winches, etc. 2. Carts, cable splicers’. 12 s 4 The accounts represented, if appropriate, at the 4 respective points bearing these symbols shall be numbered, 3. Concrete mixers. ^ for example, 1011,1121,1231, and 1434, respectively. 4. Derricks. 3. In § 34.14, the item list and Note BWater, steam, and gas pipes. 5. Gasoline and oil pumps, portable. are amended to read as follows: Window shades and ventilators. 6. Hand tools. * * * * * 7. Hand trucks. > J § 34.14 Buildings. N o te B : The cost of shelters used exclu­ 8. Lasher, cable. ***** 9. Lathes. sively for housing drainage, sewerage, gas 10. Motors and generators. ITEMS and water systems, and power supply equip­ 11. Planers. ment shall be included in account 13. (See § 34.03-12) “Drainage, sewerage, gas and water systems,” 12. Plows, cable laying. Awnings. 13. Pole-treating apparatus. or account 36, “Power supply and distribu­ Boilers, furnaces, fixtures, and machinery for tion equipment,” as appropriate. 14. Pumps. heating, lighting, and ventilating. 15. Rodder, duct. - Cable vaults and conduits constructed as 4. In § 34.22, the item list is amended 16. Saws, power. part of the building. to read as follows: 17. Torches. Central air conditioning systems. 18. Trailers. Commissions and fees to brokers, agents, § 34.22 Antenna systems. 19. Winchoc, power. architects, and others. ***** * • • * * Door checks and door stops. ITEMS 2. In § 33.9000, paragraph (a) and the Drainage and sewerage, inside piping and equipment. (See also account 13, “Drain­ (See § 34.03-12) item list are amended to read as follows: age, sewerage, gas, and water systems.”) Aerial assemblies or arrays Electric shielding. § 33.9000 Vehicle and other work equip­ Anchors. ment expense; clearing. Electric wiring. Elevators and escalators. Bridle rings and wire. (a) This account, when used, shall in­Fire-extinguisher systems. Insulators and thimbles. Garages and shops. Permits and privileges for construction. (See clude the expense of operating and main­ General and other office buildings. particularly § 34.1-3 (c) (6 ).) taining automobiles, trucks, and other Grading, excavating, and preparing grounds Spreaders. work equipment (except storeroom equip­ for buildings, including clearing of grounds Switches. after construction. Transposition brackets. ment) , including the expense of garages, Ground systems (installed with buildings). Wire and cable (aerial). shops, small tools, and tool rooms, and Improvements to leased buildings. (See par­ Ground or counterpoise systems the amount of depreciation charges ap­ ticularly § 34.1-5.) Linoleum and similar floor coverings, exclud­ Clamps and rods. plicable to the accounting period for ing carpets and rugs. Counterpoise supports. Plant in account 1064. “Vehicles and Motors and generators. Insulators and thimbles. other work equipment.” Partitions, including^movable, y \ Plates and pipes. Piers and foundations for machinery con­ Protectors and arresters. * * * * * structed as a permanent part of a building. Tie wires. Platforms, storage or lo&ding. Wire and cable (ground). ITEMS Refrigeration systems. Radiofrequency transmission lines (See § 33.13) Retaining walls (erected in connection with buildings). Anchors. !• Depreciation of transportation and ga­ Screens, door and window. Bolts, nuts, and brackets. rage equipment. Signs; permanent, attached to buildings. Clearing routes and tree trimming prior to 2. Insurance. Sprinkling systems. construction. 3. Llcea'se fees for vehicle and drivers. Storm doors and windows. Guy clamps. 4. Rents for equipment and garages, Taxes assumed on buildings, applicable to Guy wire or strand. o. Repairs of equipment, the period prior to the date of acquisition. Harmonic tuning traps. 6. Supplies, such as gas, oil, tires, tubes, Voiding leases to secure possession of build­ Insulators. tire chains, grease, etc. ings acquired. Lightning arresters.

FEDERAL REGISTER. VOL. 32, NO. 26— WEDNESDAY, FEBRUARY 8, 1967 2636 RULES AND REGULATIONS

Permits and privileges for construction. (See Photoradio operating tables, receiving re­ Fire-extinguisher equipment, portable. particularly § 34.1—3(c) (6) .) corders, scanner units, and transmitting Floor scrubbing and polishing machines. Pins. and receiving machines. Gas and electric fixtures, portable. Poles. Printers; keyboard, page, or tape. Lockers and wardrobes, portable. Wire. Tape pullers and tape perforators. Microfilm equipment. Time stamps. Mirrors, portable. * * * * * Teletypewriters. Motion-picture equipment. 5. In § 34.31, the headnote and text are Typewriters, traffic. Office devices, including addressing, billing, blueprinting, computing, dating, dupli­ amended to read as follows: Message-conveyor equipment cating, mailing, photostat and recording § 34.31 Radio transmitter equipment. Conveyor belts. machines, cash registers,' check writers, This account shall include the cost of Pneumatic tubes and associated equipment. postage-meter machines, typewriters, and radio transmitters and associated equip­ similar items. Calling and order-dispatching equipment Pianos and phonographs. ment used in radiotelegraph service. (See Annunciator systems. Projection equipment. §§ 34.22, 34.26, 34.36, and 34.40.) Microphone and loud speaker equipment. Radio sets. ITEMS Public address equipment. Racks; magazine, newspaper, umbrella, and Registers and call boxes. clothing. (See § 34.03-12) Telautograph equipment. Refrigerators, portable. Safes. Air ducts and oil coolers. Terminal equipment Amplifiers; power, audio. Signs, portable. Antenna coupling devices (inside). Amplifiers and associated equipment. Shoe-shining equipment. Circulating pumps and blowers. Code converters. Stoves. Crystal oscillators. Control or switching equipment. Tables. Electron tubes. (See § 34.41—7.) Electron tubes. (See § 34.41-7.) Television sets. Exciters and drivers. Filters and filter racks. Vacuum sweepers. Filament motor generators. Fuse, lamp, and mixer panels. Water coolers. Meters (permanently installed). Microphone equipment. ***** Modulators. Rectifiers (if a part of the transmitter). 12. In § 34.71, the headnote and text Steel mesh partitions. Mountings for line terminal equipment. Transmitter control panels. Photoradio facsimile and multiplex termi­ are amended to read as follows: Voltage regulators. nals. Radio transmitter frequency control equip­ § 34.71 Transportation equipment. §34.32 [Revoked] - ment. This account shall include the cost of 6. Section 34.32 is revoked in its en­ Relay test panels. Tone generating equipment. transportation equipment and appurte­ tirety. Volume indicators. nances thereto used in radiotelegraph 7. The note to § 34.33 is amended to Monitoring equipment service. read as follows: ITEMS § 34.33 Cooling apparatus. Loud speakers. Monitor receivers and recorders. (See § 34.03-12) ***** Multiple pen recorders. Automobiles and airplanes. N ote: The cost of cooling apparatus that Telephone head sets, hand sets, and breast Bicycles and scooter-bikes. forms an integral part of transmitter or sets. Boats and barges. power supply equipment shall be included * * * * * Hand trucks and carts. in account 31, “Radio transmitter equip­ Motorcycles. ment,” or account 36, “Power supply and 10. In § 34.41, the item list is amended Trailers. distribution equipment,” as appropriate. to read as follows: Trucks and tractors (including those equipped with earth-boring machines, 8. In § 34.36, paragraph (b) is § 34.41 Equipment on customers' prem­ pumps, winches, and similar items). amended to delete the reference to ises. § 34.32. As amended, paragraph (b) of ***** 13. In § 34.4250, the item list is § 34.36 reads as follows: ITEMS amended to read as follows: § 34.36 Power supply and distribution (See § 34.03-12) § 34.4250 Advertising. equipment. Call boxes. * * * * . * * * * * * Data Sets. ITEMS Facsimile equipment. (b) This account shall include also the (See § 34.03-12) cost of power rectifiers or motor genera­ Printer tables. tor installations (not forming an integral Printers; keyboard, page, or type. Announcements of rate changes. (See also Telephones. part of a transmitter) that are provided note A to this account.) * , * * * * Commercial advertisements in newspapers as a common source of power for a mul­ 11. In § 34.51, the item list is amended and magazines and on radio and television. tiplicity of transmitters or other equip­ (See also note A to this account.) ment. (See also § 34.31.) to read as follows: Commercial advertising matter, such as post­ ***** § 34.51 Furniture and office equipment. ers, bulletins, booklets, and related items. (See also note A to this account.) 9. In § 34.40, the item list is amended * * * ' # * Electric current consumed in illuminating to read as follows: ITEMS signs. (See § 34.03-12) Exhibits in connection with industrial expo­ § 34.40 Control apparatus. sitions, expenses of. * * * * * Air conditioning units, portable. Lecture and demonstration tours for traffic Beds, cots, and couches. ITEMS promotion purposes. Bins, counters, and shelves. Managers and their office forces in charge of (See § 34.03-12) Bookcases. advertising, expenses of. Cabinets and filing cases. Frequency-measuring equipment Radio and television programs. Chairs, carpets, and rugs. Window displays. Equipment rack. Clocks. Frequency indicator. Data processing equipment, 'i ***** Receiver. Davenports. 14. In § 34.1-6-1, the list of retirement Dehumidifying units, portable. units for accounts 22, 36, and 40 are Message transmitting and receiving Desks. apparatus Drapes. amended; the title of account 31 is Automatic transmitters. Electric heaters. amended; the title and list of account 71 Equipment in kitchens and in rest, dining, Desks or tables fitted with apparatus or used are amended; and account 32 is revoked, as mountings for apparatus. recreation, and medical rooms. Facsimile machines. Fans, electric, portable. as follows:

FEDERAL REGISTER, VOL. 32, NO. 26— WEDNESDAY, FEBRUARY 8, 1967 RULES AND REGULATIONS 2637

§34.1—6—1 Retirement units. Prime mover. Photoradio or facsimile terminal. Pump. Photoradio operating table—complete with * * * * • Rack or frame— rectifier, filter. 1 wiring, outlets, compressor, etc. An t e n n a Systems (A ccount 22) Reactor. Photoradio receiving recorder. Photoradio universal transmitting and re­ Antenna— complete. Rectifier. ceiving machine. Conductor system, buried. Starter. Pneumatic tubing—with or without protec­ Discrimination network. Substation enclosure, structure, vault or tive covering— section of. Down leads— all associated with one antenna. house. Switchboard or control panel. Power supply unit. Filter assembly. Tank— fuel oil, feed water, or compressed air. Printer control unit. Frequency matching trap. Tanks or jars— complete set for storage bat­ Printer, keyboard— page or tape. Ground system. Public-address system. Lightning arrestor assembly. teries. Rack, table, stand, desk, panel, shelf, con­ Pole— 20 fpet or mo?e in height. Transformer. Trolley hoist or crane. sole, cabinet or other supporting struc­ Power board. ture— with or without equipment. Single or multiple antenna wire (with or Voltage regulator. ***** Radio receiver or unit. without associated spacers, supporting in­ Radio transmitter frequency-control instal­ sulators and catenary wires,. if integral CONTROL APPARATUS (ACCOUNT 40) lation. parts of span)— continuous span. Adaptors— ocean cable— telex. Reactor, modulation. Terminal or switching structure— with or Air conditioning system— associated with a Receiving terminal— tape tube. without foundation. frequency-measuring room—not part of Rectifier. Transmission line— 2 or more continuous building. Regenerators. spans or a section of 300 feet or more. Amplifier or amplifier-rectifier unit. Regulator unit. ***** Audio-frequency carrier telegraph equip­ Relay-control drawer—with or without re­ ment. ■ Radio Transmitter Eq u ipm en t lays— teletypewriter package set. Auto frequency correcting units. Relay test panel— with or without associated (A ccount 31) Base, printer or reperforator. wiring. Blower. Relay tray. Air-duct system. Board-printer-control, relay, amplifier, line- Amplifier unit. Reperforator transmitters. test, or keyer. Scanner unit— radiophoto. Antenna coupling device. Bus truck. Blower. Signal indicator, teletypewriter—package set. Cabinet— with or without equipment. Sub-dividers— telegraph channel. Control panel. Call register. Cooling unit— oil or water. Switchboard, call circuit. Clock— synchronous, master, or control Tape rewind— motor driven. Driver or exciter unit. board. Generator. Teleautograph installation. Comparator. Telegraph repeater. Harmonic filter unit. Compressor. Keyer unit— tone signal, frequency shift, etc. Telephone head-set, hand-set, breast-set, re­ Concentrator for radiotelegraph or wire- ceiver, or transmitter. Modulator unit. telegraph circuits, printer circuits or tele­ Motor, electric (1 or more h p .). Telephone modulator. phones. Teletypewriter. Oscillator unit. Console, teletypewriter— package set— reper­ Power supply unit, crystal. Temperature-control box. forator or perforator. Test board— telegraph. Pump. Control or switching box. Radiator. Time delay unit for automatic transmitters. Control booth, desk, or console. Time stamp or time-stamp installation. Rectifier unit. Converter unit. Transformer. Tone-generator unit or installation. Conveyer belt installation. Transformer, power or modulation. Transmitter— complete, with or without asso­ Cover— printer, reperforator or perforator. ciated wiring or conduit. Transmitter-distributor. Demodulation limiter unit. Transmitter frequency monitor. Other T r a n s m it t e r • E q u ip m e n t (A c c o u n t Duplicating machine, message. Typewriter, traffic. 32) Echo suppressors. Typing unit, printer or reperforator. Equalizers— phase and amplitude. Volume-indicator unit. [Revoked in its entirety, including retirement Facsimile machine—transmitting, receiving Wiring base, cabinet rack. units] or combination. ***** * * * * ♦ File or rack— message handling. T ransportation Eq u ip m e n t (A c c o u n t 71) P o w e r Su pply and D istribution Eq uipm ent Filter-rack installation. (A ccount 30) Filter unit. Air compressor, mobile. Fork unit. Airplane. Alternator. Frequency meter. Amphibious vehicle. Ash or coal conveyor. ' Frequency standard. Automobile. Battery charging installation. Fuse panel— with or without associated Bicycle. Battery, storage. wiring. Boat or barge. Battery rack, cabinet, or counter— storage or Heat-control unit, fork. Cart. dry. Hybrid coil panel. Motorcycle. Boiler. Intercommunicating system. Motor truck— with or without body. Bus bars, cable or wiring— with or without Inverter unit. Motor truck body. conduit (such as between: battery and fuse Jack panel. Mounted kitchen. panel or power switchboard and equip­ Keyboard— printer or reperforator. Pole dolly or dinkey. ment). Keyer unit. Scooter-bike. Bus and switching structure— substation. Lamp panel— with or without associated Tractor or trailer. Circuit breaker. wiring. Compensator. Limiter. Compressor, air. Line-equalizing unit. PART 35— UNIFORM SYSTEM OF AC­ Condenser, power factor correction or syn­ Microphone— complete with mounting, con­ COUNTS FOR WIRE-TELEGRAPH necting cord, etc. chronous motor. AND OCEAN-CABLE CARRIERS Disconnect switch, high tension. Microphone control panel. Feed water condenser. Mixer panel. IV. Part 35—Uniform System of Ac­ Filter assembly, battery charging. Modulator unit. counts for Wire-Telegraph and Ocean- Filter condensers. Monitor loudspeaker— portable. Cable Carriers is amended as follows: Fuse cabinet or box. Monitor receiver— portable. Generator. Monitor recorder— portable. 1. In § 35.15, the item list is amended Housing or shelter for pump. Motor starter or compensator. to read as follows: Lighting system, substation. Motor, electric (1 or more hp.) § 35.15 Buildings. Multi-conductor patching panel. Lightning arrester assembly. ***** Machine foundation. Multiple pen recorder. Meter, demand or watt hour. Multiplex terminal. ITEMS Metering transformer, high tension. Numbering machine, message. (See § 35.03-12) Motor generator. ' Oscillator unit. Motor, electric (1 or more h p .). Oscilloscope or oscillograph. Awnings. Oil burner. Perforator or reperforator. Boilers, furnaces, fixtures, and machinery Power plant or substation— complete. Phonographic turntable. for heating, lighting, and ventilating.

FEDERAL REGISTER, VOL. 32, NO. 26— WEDNESDAY, FEBRUARY 8, 1967 2638 RULES AND REGULATIONS

Cable vaults and conduits constructed as Cable clamps. Floor-scrubbing and polishing machines. part of the building. Cable huts or houses (including contained Lockers (single or multiple). Central air conditioning systems. equipment). Messenger dressing booths. Commissions and r fees to brokers, agents, Cable rings. Microfilm equipment. architects, and others. Cable terminals or boxes. Multigraphs. Door checks and door stops. Cross-connection wires and fuses installed in Partitions, movable. Drainage and sewerage, inside piping and the first equipment for service of cable Pianos. equipment. terminals or boxes. Projection equipment. Electric wiring. Fuse boxes. Refrigerators. Elevators and escalators. Loading coils, building-out condensers, car­ Safes. Fire-extinguisher systems. rier-line filters, and cases therefor. Signs (illuminated or non-illuminated). Garages and shops. Main-frame-terminating cable extending to Sorting racks. General and other office buildings. outside aerial cable. Stationery cabinets. Grading, excavating, and preparing grounds Negative returns. Steel shelves. for buildings, including the laying out of Permits and privileges for construction. (See Storage cabinets, shelves, or racks (except grounds after construction. particularly § 35.1-3(c) (6); also § 35.82.) those in shops or storerooms). Linoleum and similar floor covering, exclud­ Pole seats and balconies. Tables. ing carpets and rugs. Pressure contactor-terminals. Television sets. Motors and generators. Protectors (exeept office protectors) and Time stamps. Partitions, excluding movable. arresters. Typewriters. Piers and foundations for machinery con­ Sleeves. Water coolers. structed as a permanent part of a building. Strand, suspension. ***** Platforms, storage or loading. Tree guards. Power board (where predominantly used for * * * * * 6. In § 35.71, the item list is amended building power). to read as follows: Refrigeration systems. 4. In § 35.51, the item list is amended § 35.71 Vehicles. Retaining walls (erected in connection with to read as follows: buildings). ***** Screens, door and window. § 35.51 Equipment furnished customers. ITEMS ***** Signs; permanent, attached to buildings. (See § 35.03-12) Sprinkling systems. ITEMS Storm doors and windows. Automobiles. Taxes assumed on buildings, applicable to (See § 35.03-12) Cable-splicers’ carts. the period prior to the date of acquisition. Buzzer systems. Hand trucks and carts. Voiding leases to secure possession of build­ Call boxes. Mobile telegraph offices. ings acquired. Data sets. Motorcycles. Water, steam, and gas pipes. Facsimile equipment. Trailers. Water-supply systems. Motor-generator sets. Trucks and tractors (including attached Window shades and ventilators. Pneumatic-tube terminals. work equipment, such as earth-boring ma­ * * * * * Printer sets. chines, pumps, winches, and similar items). Rectifiers. ***** 2. In § 35.21, the item list is amended Switchboards.'" to read as follows: Telephone sets. 7. In § 35.4223, the item list is amended Tickers. to read as follows : § 35.21 Poles. Time-service equipment. § 35.4223 Advertising and soliciting ex­ ***** 5. § 35.61, the item list is amended to pense. ITEMS ITEMS read as follows: (See § 35.03-12) (See § 35.03-12) § 35.61 Furniture and office appliances. Anchors. * * * * * Announcements of rate changes. A and H fixtures. Commercial advertisements in newspapers Bolts. ITEMS and magazines and on radio and television. Braces. Commercial advertising matter, such as post­ Bridge fixtures. (See § 35.03-12) ers, bulletins, booklets, and related items. Cable arms. Accounting machines. Electric current consumed in illuminating Clearing routes and trimming trees, except Adding and listing machines. signs. maintenance of previous clearings. (See Addressing machines and equipment. Exhibits in connection with industrial expo­ also § 35.41-7(a) (3 ).) ¡r Air-conditioning units (not part of a sitions, expenses of. Crossarms. building). Expenses of canvassers, solicitors, and man­ Extension arms. agers in charge of advertising and solicit­ Guard arms. Beds, cots, or couches. ing, and expenses of their office forces. Guy clamps. Benches, messenger. Lecture and demonstration tours for traffic- Guy wire or strand. Bicycle racks. promotion purposes. Masts. Bookcases. Public distribution of tariffs and notices of Card-punching, card-sorting, or card-tabu­ Permits and privileges for construction. changes, expenses of. lating machines. (See particularly § 35.1-3(c) (6 ); also Radio and television programs. § 35.82.) Carpets, rugs, or other floor coverings. Window displays. Pins, wood. Cash registers. * * * * * Poles. Chairs. Pole steps. Clocks. V. Annual Report Form R for Radio­ Computing machines. River-crossing and long-span fixtures. telegraph Carriers is amended as follows: Strain insulators. Counters. Towers. Data processing equipment. Schedules 101R, 102, 105R, 106R, and Treating and marking poles. Date stamps. 107R are amended by changing the titles Davenports. 3. In § 35.23, the item list is amended Dehumidifying units, portable. of accounts 31 and 71 to read re­ to read as follows: Desks. spectively “Radio transmitter equip­ Dictionaries or code books. ment” and “ Transportation equipment,” § 35.23 Aerial cable. Dictographs or other interoffice communica­ by deleting references to account 32, ***** tion equipment. Dishes. “Other transmitter equipment,” and by ITEMS Drafting-room equipment. changing line numbers where appropri­ (See § 35.03-12) Drapes. ate because of the deletion of account 32. Duplicating machines. Bonds and grounds. Electric fans. [F.R. Doc. 67-1420; Filed, Feb. 7, 1967; Cable; block, feeder, main, subsidiary. Filing cabinets. _ 8:45 a.m.]

FEDERAL REGISTER, VOL. 32, NO. 26— -WEDNESDAY, FEBRUARY 8, 1967 RULES AND REGULATIONS 2639

generally, which are set forth in Title I l l in o is Title 50— WILDLIFE AND 50, Code of Federal Regulations, Part 33, (1) The open season for sport fishing FISHERIES and are effective to March 1, 1968. in the Calhoun and Batchtown Divisions U rban C. N e l s o n , of the Mark Twain National Wildlife Chapter I— Bureau of Sport Fisheries Acting Regional Director. Refuge extends from January 1, 1967, through October 15,1967, with exception and Wildlife, Fish and W ildlife Ja n u a r y 27, 1967. of certain designated areas open until Service, Department of the Interior [F.R. Doc. 67-1446; Filed, Feb. 7, 1967; December 31,1967. 8:45 a.m.J (2) The open season for sport fishing PART 33— SPORT FISHING in the Gardner and Keithsburg Divisions Modoc National Wildlife Refuge, of the Mark Twain National Wildlife PART 33— SPORT FISHING Refuge extends from April 1, 1967, Calif. through September 30, 1967. The following special regulation is Mark Twain National Wildlife Refuge, I o w a issued and is effective on date of publi-. Illinois, Iowa, and Missouri cation in the F ederal R e g ister . (1) The open season for sport fishing The following special regulation is on the Louisa Division of the Mark Twain § 33.5 Special regulations; sport fish­ National Wildlife Refuge extends from ing; for individual wildlife refuge issued and is effective on date of publi­ January 1, 1967, through September 30, areas. cation in the F ederal R eg ister . 1967. C a l if o r n ia § 33.5 Special regulations; sport fish­ M is s o u r i (1) The open season for sport fishing MODOC NATIONAL WILDLIFE REFUGE ing; for individual wildlife refuge areas. on the Clarence Cannon National Wild­ Sport fishing on the Modoc National life Refuge, a division of the Mark Twain Wildlife Refuge, Calif., is permitted only I l l in o is , I o w a , and M is s o u r i National Wildlife Refuge, extends from on the area designated by signs as open to January 1,. 1967, through October 15, fishing. This open area, comprising 600 MARK TW AIN NATIONAL WILDLIFE REFUGE 1967. Fishing on the Clarence Cannon acres, is delineated on maps available at Sport fishing on the Mark Twain Na­ National Wildlife Refuge is permitted only on Bryants Creek. the refuge headquarters and from the tional Wildlife Refuge, Illinois, Iowa, and office of the Regional Director, Bureau The provisions of this special regula­ Missouri, is permitted only on the areas of Sport Fisheries and W ildlife, 730 tion supplement the regulations which Northeast Pacific Street, Portland, Oreg. designated by signs as open to fishing. govern fishing on wildlife refuge areas 97208. Sport fishing shall be in accord­ These open areas, comprising 5,310 acres, generally which are set forth in Title ance with all applicable State regula­ are delineated on maps available at the 50, Part 33, and are effective through tions, subject .to the following special refuge headquarters and from the office December 31, 1967. condition: of the Regional Director, Bureau of J a m es F. G il l e t t , (1) Sport fishing will be permitted the Sport Fisheries and Wildlife, 1006 West Refuge Manager, Mark Twain entire year except closed during migra­ tory waterfowl hunting season. Lake Street, Minneapolis, Minn. 55408. National Wildlife Refuge. The provisions of this special regula­ Sport fishing shall be in accordance with J a n u a r y 31, 1967. tion supplement the regulations which all applicable State regulations subject [F.R. Doc. 67-1514; Filed, Feb. 7, 1967; govern fishing on wildlife refuge areas to the following special conditions: - 8:49 a.m.]

FEDERAL REGISTER, VOL. 32, NO. 26— WEDNESDAY, FEBRUARY 8, 1967 No. 26—Pt. I ---- 6 2640 Proposed Rule Making

apply only to those banks within the (b) For all fiscal years beginning after DEPARTMENT OF THE TREASURY scope of § 18.3(a). December 31, 1967, any bank subject to the jurisdiction of this Office shall pre­ Comptroller of the Currency § 18.2 Definition of terms. pare all its financial statements subject E 12 CFR Parts 10r 18 1 Unless the context otherwise requires, to this part so that its installment loan the following terms shall have the mean­ function and related tax provisions are UNIFORM FINANCIAL STATEMENTS ing indicated in this section: on the basis of accrual accounting. AND REPORTS TO STOCKHOLDERS Valuation reserve.—A “valuation re­ (c) Notwithstanding paragraphs (a) serve” is an account established through and (b) of this section, income and ex­ Notice of Proposed Rule Making an appropriate charge representing pense items of trust department func­ Notice is hereby given that the Comp­ management’s judgment as to possible tions may be reported on a cash basis. loss or value depreciation in a specific troller of the Currency has under con­ § 18.4 Consolidated statements. sideration regulations to be designated class of assets. Loan loss reserves es­ as Part 18, relating to the form and con­ tablished pursuant to the Treasury tax (a ) A ll majority-owned significant tent of financial statements. The Comp­ formula should be separately disclosed subsidiaries shall be consolidated with troller also has under consideration and may be considered valuation re­ the parent. conforming amendments to Part 10, con­ serves; where reported as a liability, (b) All majority-owned bank premises cerning annual reports to stockholders. these reserves should not be included subsidiaries— whether or not significant These provisions are issued and amended in the capital accounts. subsidiaries— shall be consolidated with under the authority in R.S. 324 et seq., Reserve for contingencies.— A “ re­ the parent. as amended, 12 U.S.C. 1, et seq., sections serve for contingencies” is an account (c) Any lien on bank premises owned 12(g) and 13(a) (2), Securities Exchange which represents capital reserves set by the bank or its majority-owned bank Act of 1934, as amended. aside for possible or unforeseen decreases premises subsidiary, which has not been These proposed regulations have been or shrinkage in book values of assets or assumed by the bank or its subsidiary, developed by the Office of the Comptrol­ for other unforeseen or indeterminate should be reported in a parenthetical item ler of the Currency after consideration liabilities, not otherwise reflected on the “ (Bank premises owned are subject to of the recommendations of the Subcom­ bank’s books. Reserves for possible se­ $------liens not assumed by bank or mittee on Accounting of the National curity losses, reserves for possible loan its subsidiaries)” immediately following Advisory Committee to the Comptroller. losses, and other contingency reserves the “bank premises and equipment” ac­ In formulation of their recommendations that are established as precautionary count in the balance sheet, Appendix A. this Committee had the benefit of the measures only shall be included, as they (d ) Nonsignificant subsidiaries may be studies and views 'of other interested represent segregations of undivided consolidated provided they are (1) ma­ groups and individuals. Additional com­ profits. jority owned, (2) effectively controlled, ments have been solicited from the other Significant subsidiary.— The term and (3) are considered together with the Federal banking agencies. “significant subsidiary” means a sub­ parent an integrated unit. Interested persons may send their sidiary meeting either of the following (e) Minority interests in the net assets comments with respect to these proposed conditions: o f consolidated subsidiaries shall be regulations within 30 days of-publication (1) The investments and advances in shown in each consolidated balance sheet of this notice in the F ederal R egister the subsidiary by its parent plus the as a liability. The aggregate amount of to the Comptroller of the Currency, parent’s proportion of investment and profit and loss accruing to minority inter­ Room 3108, Treasury Department, advances in such subsidiary by the par­ ests may be stated separately in the con­ Washington, D.C. 20220. ent’s other subsidiaries, if any, exceed solidated profit or loss statement. Al­ Chapter 1, Title 12 of the Code of 5 percent of the equity capital accounts ternatively, net income (less minority Federal Regulations of the United States of the parent (bank). interest) may be reported in “other in­ of America is amended by addition of (2) The parent’s proportion of the come,” or net loss in “ other operating a new Part 18 and a revision of Part 10 gross operating revenues of the subsidi­ expense.” as follows: ary exceeds 5 percent of the gross oper­ (1) Income from foreign subsidiaries ating revenue of the parent (bank). shall be reported only when remittable PART 18— FORM AND CONTENT OF Material.—The term “material” when to the parent bank. FINANCIAL STATEMENTS used to modify any item of assets or lia­ (f) In general, intercompany items §18.1 Scope and application. bilities means an item exceeding 3 per­ and transactions shall be eliminated. If cent of total assets; when used to significant items are not eliminated, a (a) This part (unless otherwise modify any income or expense item, it statement of the reasons and the noted) together with any subsequent in ­ means an item exceeding 5 percent of methods of treatment shall be made. terpretive statements specifies the form total operating income. and minimum content of all financial § 18.5 Reporting o f securities transac­ Significant.—The term “significant” statements required by regulation of this tions. refers to information which would be Office to be distributed to stockholders (a ) Amortization of securities. When considered necessary to evaluate the con­ for fiscal years ending after June 30, an investment security is purchased at dition of a bank. 1967. a price exceeding par or face value, the (b) The term "financial statements” § 18.3 Accrual accounting. bank shall provide for the amortization as used in this part should be deemed (a) For all fiscal years beginningof the premiums paid by a charge to to include all supporting schedules, in ­ after December 31, 1967, any bank sub­ operating income so that such premium shall be entirely extinguished at or before structions, and related forms. ject to the jurisdiction of this Office, (c) This part incorporates by refer­ maturity of the security. with total resources of $100 million or ence all instructions and interpretations (b) Accretion of bond discount. The of this Office relating to financial re­ more shall prepare all its financial accretion of bond discount is at the porting to stockholders which are statements subject to this part on the option o f the bank. When discount is presently outstanding and as may be basis of accrual accounting. Where the accreted and amounts to 5 percent or amended hereafter. results would be only insignificantly dif­ more of the annual bond income, appro* (d) Certain instructions which as­ ferent for particular accounts, a cash priate notation should be made in state­ sume a basis of full accrual accounting basis of reporting may be used. ments o f net operating income indicating

FEDERAL REGISTER, VOL. 32, NO. 26— WEDNESDAY, FEBRUARY 8, 1967 PROPOSED RULE MAKING 2641 the amount of net operating income (c) Changes in accounting principles (2) Any significant retroactive adjust­ after taxes resulting from the accretion and practices and retroactive adjust­ ment made during any period for which of discount. I f accretion is followed, ments initiated by the bank. (1) Any financial statements are filed, and the discount on bonds acquired should be changes in accounting principles or prac­ effect thereof upon net operating earn­ accreted from date of purchase to tices or in the method of applying any ings of prior periods shall be disclosed maturity, and a provision for applicable accounting principles or practices, made in a note to the appropriate financial deferred income taxes should be made. during any period for which financial statement. (c) Trading account securities. Banks statements are filed which affects com­ (d) Balance sheet and statement of that are dealers in securities should re­ parability of such financial statements earnings. Banks shall report a balance port their trading account securities at with those of prior or future annual sheet and a statement of earnings. The the lower of cost or market value. I f periods, and the effect thereof upon the format illustrated in Appendices A and either the reporting value o f securities or net operating earnings for each period B represents the minimum disclosure income therefrom meet the test of ma­ for which financial statements are filed, consistent with this part. Whether an teriality, the trading account and trading should be disclosed in a note to the ap­ accrual or cash basis of accounting has account income should be reported sep­ propriate financial statement where been used should be prominently arately. The income account should in­ significant. displayed. clude coupon interest, profit and losses, Appendix A.— B alance Sheet revaluation adjustments and any other Resources: 19- 19- incidental revenue or expenses related to !. Cash and due from banks______the purchase and sale of such securities, 2. U.S. Government obligations, direct and guaranteed------but salaries, commissions and other ex­ 3. Obligations of States and political subdivisions______penses should be excluded. I f material­ 4. Obligations of Federal agencies______ity is not met, unless management wishes 5. Other securities______to report separately, trading account se­ 6. Investments in unconsolidated subsidiaries------_------curities should be included with portfolio 7. Trading account securities------^------securities in the respective classifica­ 8. Securities purchased under agreements to resell______tions. In the earnings statement coupon 9. Federal funds sold______,------10. Loans ------— interest should then be reported with in­ 11. Direct lease financing------i------terest on securities and other income 12. Bank premises and equipment______with other operating income. 13. Customer’s acceptance liability______(d) Securities profits and losses. Se­ 14. Other assets______£------curities profits and losses should be re­ 15. Total _.______;______ported after applicable income taxes as Liabilities: a nonoperating addition in the case of a 16. Total deposits: / net profit and non-operating deductions (a) Demand ______in the event of a net loss. (b) Time and savings------17. Securities sold under agreements to repurchase______§ 18.6 Reconciliation o f capital accounts 18. Federal funds purchased.------and valuation reserves. 19. Funds borrowed______— 20. Mortgages payable______(a> Banks shall report a comparative 21. Acceptances outstanding.______- ______reconciliation of capital accounts for the 22. Other liabilities------latest fiscal year and the preceding fiscal 23. Total liabilities------year, in the format illustrated in Ap­ 24. Minority interests in consolidated subsidiaries------pendix C. Capital accounts: ^ . (b) Banks shall report a comparative 25. (a) Capital notes and debentures..______reconciliation of valuation reserves and (b ) Preferred stock— total par value______contingency reserves for the latest fiscal Number shares outstanding______year and the preceding fiscal year in the (c) Common stock— total par value______.______format illustrated in Appendix D. Number shares authorized______i ___ i ______Number shares outstanding______§ 18.7 Rules of general application. 26. Surplus ------27. Undivided profits______(a) Earnings. All banks subject to 28. Reserve for contingencies______the jurisdiction of the Office of the 29. Total capital accounts______'______Comptroller of the Currency shall be re­ 30. Total ______I ______.______quired to report: (1) Net operating earn­ ings, total and per share, after deductions N ote: A bank, for purposes of the preparation of its reports to shareholders, may use for income taxes applicable to operating options permitted or specifically authorized and may also combine the various lines as indicated below, if the line figure is less than 3 percent of total assets or total liabilities. earnings; (2) net amount, after non­ Line 4 into line 5. Line 6 into line 14. Line 7 into lines 2, 3, 4, 5 as appropriate. operating additions and deductions and Line 8 into line 10. Line 9 into line 10. Line 11 into line 14. Line 13 into line 14. applicable income taxes, which was Line 17 into line 19. Line 18 into line 19. Line 20 into line 19. Line 21 into line 22. transferred to capital accounts. Line 24 into line 22. (b) Additional information. The in­ formation required with respect to any Appendix B.— Statement op Earnings 19- 19- financial statement shall be furnished as 1. Operating income: a minimum requirement to which shall (a ) Interest on loans______be added such further material informa­ (b ) Interest and dividends on: tion as is necessary to make the required (1) U.S. Government obligations------statements not misleading. For ex­ (2) Obligations of States and political subdivisions______ample, information on nonsubsidiary or­ (3) Other securities______.______ganizations or trusteeships operated for (c) Trading account------v ------the benefit of bank stockholders should (d ) Service charges on deposit accounts______be disclosed. The reporting bank may (e) Trust department_____ .______!______- add any additional information it deems (f) Other ------desirable. (g ) Total ------—

FEDERAL REGISTER, VOL. 32, NO. 26— WEDNESDAY, FEBRUARY 8, 1967 2642 PROPOSED RULE MAKING

Appendix B.— Statement or Earnings—Continued 12(g) of the Securities and Exchange Act of 1934, as amended, of any class of 2. Operating expenses: 19~ equity securities heretofore issued by a (a ) Salaries ------(b) Bonuses and profit sharing------national bank and held of record by 750 (c) Pensions and other employee benefits------or more persons (after May 1, 1967, 500 (d) Interest on deposits------— or more persons). (e) Interest on borrowed money------(c) Notwithstanding the foregoing, any (f) Net occupancy—bank premises------national bank prior to listing any class (g ) Equipment rentals, depreciation, maintenance------of its securities on a national securities (h ) Other ______exchange shall have filed a registration (i) Total ------statement in accordance with the appli­ 3. Operating earnings before income tax— ------cable provisions of Part 16 of this chap­ 4. Income taxes applicable to operating earnings------ter, which has been declared effective by 5. Minority interest in net operating earnings------the Comptroller of the Currency. 6. Net operating earnings (per share------) ------I n s t r u c t io n : Sections 10.1 (b ) and (c) ap­ 7. Nonoperating additions, net after tax effect: ply to issues of equity securities that are now (a) Net security profits------held, or may in the future become held, of (b ) Transfers from reserves------record by 750 or more persons (after May 1, (c) Loan recoveries (not credited to reserve for bad debts)----- .------— 1967, 500 or more persons). The registration (d) Other ______i------requirements applicable to public offerings (e) Minority interest applicable thereto------made hereafter are found in Part 16 of this (f) Total nonoperating additions------chapter. 8. Nonoperating deductions, net after tax effect: (a ) Net security losses------§ 10.2 No private right o f action here­ (b ) Transfers to reserves------under. (c) Loan chargeoffs (not charged to reserve for bad debts)------The enforcement of Parts 10, 11, 15, (d ) Other ______------and 16 of this chapter shall be a function (e) Minority interest applicable thereto------solely of the Office of the Comptroller of (f) Total nonoperating deductions------the Currency and no provision of the 9. Net nonoperating additions (deductions)------regulation in these parts (Parts 10, 11, 10. Transferred to undivided profits— ------15, and 16 of this chapter) is intended to N ote: Any operating income or expense item which is not material may be combined confer any private right of action on any with 1 (f ) or 2 (h ) , as appropriate. stockholder or other person against a na­ tional bank. A p p e n d ix C .— R econcilement o f C a p it a l A c c o u nts § 10.3 Information to be furnished stockholders. The annual report shall bear the writ­ Balance, beginning of year..------Additions: ten, printed, or f acsimile signature of the Transferred from statement of earnings Chairman of the Board, President or (line 10)...... other executive officer of the bank and Other additions______Total additions______shall include, as a minimum, the sched­ Deductions: ules and related information required by, Cash dividends declared (per share — -)$— - $...... i ------and prepared in accordance with, Part 18 19- 19- of this chapter. Other deductions______— Total deductions...... — § 10.4 Filing of report. Balance, end of year______Every bank registered under the Secu­ rities Exchange Act, pursuant to this A p p e n d ix D .— R econcilement o f V a l u a t io n a n d C o n t in g e n c y R e s e r v e s part, shall file two copies of the annual report with the Comptroller of the Cur­ Valuation reserves rency, Washington, D.C.; one copy with Contingency the appropriate Regional Administrator Item Reserve for reserves of National Banks; and maintain one loan losses Other reserves Reserves on copy at'the office of the bank. Such re­ pursuant to on loans securities IRS rulings ports will be available for public inspec­ tion upon request, at the principal office 19- 19- 19- 19- 19- 19- 19- 19- of the reporting bank and at the Office of the Comptroller of the Currency, Wash­ 1. Balance at beginning of calendar year...... 2. Additions due to mergers and absorptions—— ington, D.C., during normal business 3. Recoveries credited to these reserves______hours. 4. Transfers to these reserves______6. Total (sum Of items 1, 2, 3 and 4)______Dated: February 2, 1967. 6. Losses charged to these reserves______7. Transfers from these reserves______[ s e a l] W il l ia m B. C amp, 8. Balance at end of year______Comptroller of the Currency. [F.R. Doc. 67-1465; Filed, Feb. 7, 1967; p a r t T 0— ANNUAL REPORT TO §10.1 Scope and application. 8:45 a.m.] STOCKHOLDERS (a) Every bank subject to the jurisdic­ tion of the Comptroller of the Currency Sec. shall mail a written report containing, as DEPARTMENT OF AGRICULTURE 10.1 Scope and application. a minimum, the financial and other in­ Agricultural Research S e rv ic e 10.2 No private right of action hereunder. formation called for by this part, to each 10.3 Information to be furnished stock­ of its stockholders in time to be received holders. [ 7 CFR Part 301 1 by them prior to the bank’s annual meet­ 10.4 Piling of report. PINK BOLLWORM ing, but in no event later than 60 days

A u t h o r it y : The provisions of this Part 10 after the close of the fiscal year. Proposed Quarantine in issued under R.S. 324 et seq. as amended; 12 (b ) On and after M ay 1,1965, compli­ Florida and Nevada U.S.C. 1, et seq., sections 12(g) and 13(a) (2 ), ance with the requirements of § 10.4 shall Notice of public hearing on extending Securities Exchange Act of 1934, as amended. be deemed a registration under section quarantine to States of Florida ana

FEDERAL REGISTER, VOL. 32, NO. 26—-WEDNESDAY, FEBRUARY 8, 1967 PROPOSED RULE MAKING 2643

Nevada and notice of rule making re­ Control Division, Agricultural Research no clinical evidence of hog cholera is lating to such quarantine and supple­ Service, U.S. Department of Agriculture, found; mental regulations: Federal Center Building, Hyattsville, Md. (4) Such interstate shipment is con­ The Deputy Administrator of the Agri­ 20782, on or before March 6,1967, or with tinuous and accomplished in the same cultural Research Service has informa­ the presiding officer at the hearing. All vehicle in which movement of such swine tion that the pink bollworm, Pectino- written submissions made pursuant to commenced; phora gossypiella Saund., a dangerous this notice will be made available for (5) Such swine do not come in con­ insect which previously has been found public inspection at such times and tact with other swine en route to their to exist in certain parts of the States of places and in a manner convenient to the destination; Arizona, Arkansas, California, Louisiana, public business (7 CFR 1.27(b)). (6) Such swine are moved interstate in New Mexico, Oklahoma, and Texas, has (Sec. 9, 37 Stat. 318, sec. 106, 71 Stat. 33, 7 accordance with provisions of this sec­ been discovered in certain parts of Ne­ U.S.C. 162, 150ee; 29 F.R. 16210, as amended, tion for immediate slaughter at an estab­ vada and continues to be found in 30 F.R. 6799, as amended. Interprets or ap­ lishment designated by the Director of Florida. plies sec. 8, 37 Stat. 318, as amended, 7 the Division to slaughter specific ship­ Notice is hereby given that it is pro­ U.S.C. 161) ments of exposed swine; and posed under the authority of sections 8 Done at Washington, D.C., this 3d day (7) Such swine are moved interstate and 9 of the Plant Quarantine Act of of February 1967. in vehicles which have been sealed with 1912, as amended, and section 106 of seals of the Department; and such seals the Federal Plant Pest Act (7 U.S.C. 161, [ s e a l] F. J. M ttlhern, are not removed or broken except by in­ 162, 150ee), to quarantine the States of Acting Deputy Administrator, spectors employed by the Consumer and Florida and Nevada and to regulate, un­ Agricultural Research Service. Marketing Service or other persons au­ der the pink bollworm quarantine and [F.R. Doc. 67-1607; Filed, Feb. 7, 1967; thorized by the Director of the Division: supplemental regulations (7 CFR 301.52, 8:49 a.m.] Provided, however, That such sealing of 301.52-1 et seq.), the interstate move­ vehicles shall not be required when an ment from these States or areas therein inspector employed by the Division ac­ where the pink bollworm has been dis­ [ 9 CFR Part 76 1 companies such swine interstate: And covered or other basis for regulation provided further, That the Director of exists, into or through any other State, HOG CHOLERA AND OTHER COM­ the Division may waive the requirements Territory, or District of the United States MUNICABLE SWINE DISEASES of this subparagraph to the extent he of (1) okra and kenaf, including all parts may deem warranted, if said Director de­ of the plants; (2) cotton and wild cot­ Notice of Proposed Rule Making termines that any or all such require­ ments are not necessary to prevent the ton, including all parts of both cotton Notice is hereby given in accordance and wild cotton plants; (3) seed cotton; hazard of a spread of hog cholera under with the administrative procedure provi­ particular circumstances. (4) cotton lint; (5) cotton linters; (6) sions in 5 U.S.C. Section 553, that the cotton waste produced at cotton gins, 2. Paragraph (d) of §76.6 would be Department of Agriculture is consider­ deleted. cottonseed oil mills, or textile mills; (7) ing the amendment of the regulations gin trash; (8) cottonseed; (9) cotton­ The foregoing proposed amendment relating to hog choiera and other com­ would permit the interstate movement of seed hulls; (10) cottonseed cake; (11) municable swine diseases (9 CFR Part cottonseed meal; (12) used bagging and swine which do not originate in a State 76) pursuant to the provisions of the Act listed in 9 CFR 76.2(f) or 72.6(g) and do other used wrappers for cotton; (13) of May 29, 1884, as amended, the Act of used cotton harvesting equipment; and not exhibit clinical evidence of hog chol­ February 2, 1903, as amended, the Act of era but have been exposed to such dis­ (14) other farm products, other farm March 3, 1905, as amended, the Act of equipment, farm household goods, gin­ ease, when the movement originates in September 6, 1961, and the Act of July 2, any other State that is cooperating with ning and oil mill equipment, other cot­ 1962 (21 U.S.C. 111-113, 114g, 115, 117, ton processing machinery, and means the Division in the depopulation of herds 120, 121, 123-126, 134-134h) in the fo l­ infected with hog cholera; when the of conveyance, and, unlimited by the lowing respects: foregoing, any other products and arti­ swine are consigned for immediate 1. Paragraphs (b) and (c) of § 76.6slaughter; and when the other specific cles of any character whatsoever, not would be revised to read as follows: within numbers (1) through (13) above, requirements of the proposed § 76.6(c) when it is determined in accordance with § 76.6 Interstate movement o f swine af­ are fulfilled. In addition, § 76.6 (d) the regulations (§§ 301.52-1 to 301.52- fected with or exposed to hog cholera would be deleted. It appears that the 10) that they present a hazard of spread prohibited except as provided. amendment of § 76.6(c) and the deletion of § 76.6(d) would not interfere with the of the pink bollworm. * * * * * usual interstate shipment of swine. Further, notice is hereby given under (b) No swine known to be, or sus­ The purpose of the proposed amend­ the administrative procedure provisions pected of being, exposed to hog cholera ment is to facilitate the eradication of in 5 U.S.C. 553 that the Agricultural Re­ shall be moved interstate except as pro­ hog cholera by eliminating the provision search Service proposes to amend the vided in paragraph (c) of this section or for the interstate movement of swine ex­ pink bollworm quarantine and adminis­ in § 76.11 or § 76.13. posed to such disease into States where trative instructions thereunder (7 C FR (c ) Swine known to be, or suspected substantial gains in eradication have 301.52, 301.52-2a) by adding Florida and of being, exposed to hog cholera may be been made. The proposal also provides Nevada to the States designated as quar­ moved interstate for immediate slaughter a method to salvage the meat from ex­ antined and specifying regulated areas from a State which is cooperating in the posed marketable swine from infected in said States for purposes of the regula­ eradication of hog cholera by complete herds in certain States and thereby elim­ tions, if it is determined that such action and prompt depopulation of all swine on inate foci of infection. The accomplish­ is necessary. infected premises, other than a State ment of this eradication procedure would A public hearing to consider the above listed in § 76.2 (f) or (g ), if: reduce indemnity costs. Proposals will be held before a repre­ (1) Such movement does not termi­ Any person who wishes to submit writ­ sentative of the Agricultural Research nate in a State listed in § 76.2 (f) or (g) ; ten data, views, or arguments concerning Service at the Nevada State Office Build­ (2) The shipper obtains a permit from the proposed amendment may do so by ing, 215 East Bonanza Street, Las Vegas, the appropriate livestock sanitary official filing them with the Director, Animal Nev., at 10 ajn., P.s.t., on March 6, 1967, of the State of destination approving the Health Division, Agricultural Research at which hearing any interested person movement of such swine into that State Service, U.S. Department of Agriculture, way appear and be heard, either in per­ and said permit accompanies the inter­ Federal Center Building, Hyattsville, son or by attorney, on the proposals. state movement of such swine; Md., within 45 days after publication of Any interested person who desires to (3) Such swine are examined immedi­ this notice in the F ederal R eg iste r . submit written data, views, or arguments ately prior to loading for interstate ship­ A ll written submissions made pursuant on the proposals may do so by filing the ment by a veterinarian employed by the to this notice will be made available for same with the Director of the Plant Pest appropriate State or Federal agency and public inspection at such times and places

FEDERAL REGISTER, VOL. 32, NO. 26— WEDNESDAY, FEBRUARY 8, 1967 2644 PROPOSED RULE MAKING and in a manner convenient to the public February 2, 1967, a portion of the text is formula price in these four orders is the business (7 CFR 1.27(b)). out of order. The matter which begins average price per hundredweight paid with the words “ The material issue on Done at Washington, D.C., this 3d day for manufacturing grade milk in Min­ the record of the hearing * * *” in the nesota and Wisconsin as reported by the of February 1967. first column of page 1183, and ends with U.S. Department of Agriculture, adjusted F. J. Mulhern, the words “ * * * upon which a hearing to a 3.5 percent butterfat test. Acting Deputy Administrator, has been held.” in the first column of The Class II price in the Quad Cities- Agricultural Research Service. page 1184, should appear following the Dubuque, Cedar Rapids-Iowa City, and [F.R. Doc. 67-1506; Filed, Feb. 7, 1967; last paragraph in the third cojumn of North Central Iowa orders is now the 8:49 a.m.] page 1181. average reported basic paying prices at four milk manufacturing plants in Il­ [ 7 CFR Parts 1063, 1070, 1078, linois and Iowa (herein referred to as 1079 1 the local condensery price). In the Des DEPARTMENT OF AGRICULTURE Moines order, the Class n price is the [Docket Nos. AO 105—A24, AO 229—A15, AO higher of the above described local con­ Consumer and Marketing Service 272-A10, AO 295-A12] densery price or a formula price based [ 7 CFR Part 201 1 MILK IN QUAD CITIES-DUBUQUE, on the market prices of butter and non­ CEDAR RAPIDS-IOWA CITY, NORTH fat dry milk. The butter-nonfat dry FEDERAL SEED ACT REGULATIONS milk formula has been the effective form­ CENTRAL IOWA, AND DES MOINES, ula in only 1 month during the past Notice of Second Hearing and Ex­ IOWA, MARKETING AREAS 4: years. tension of Time for Filing Com­ Notice of Recommended Decision and The present pricing provisions are no ments longer appropriate as a basis for deter­ Opportunity To File Written Excep­ mining Class n prices under these four On January 17, 1967, there appeared tions on Proposed Amendments to orders. The number of local condensery in the Federal Register (32 F.R. 454) a Tentative Marketing Agreements plants reporting prices has dwindled notice of proposed rule making relating and to Orders from 12 to 4; of the 4 remaining plants to amendments of the regulations under 3 are operated by the same company. the Federal Seed Act. Said notice stated Pursuant to the provisions of the Agri­ Further, the reported prices at these that a public hearing with respect there­ cultural Marketing Agreement Act of plants do not include all payments for to would be held at 10 a.m. on February 1937, as amended (7 U.S.C. 601 et seq.), milk such as premiums paid for bulk 23, 1967, in Room 2096, South Building, and the applicable rules of practice and tank milk. U.S. Department of Agriculture, 14th procedure governing the formulation of Producers and handlers proposed that and Independence Avenue SW., Wash­ marketing agreements and marketing prices paid at manufacturing plants in ington, D.C., and that any comments or orders (7 CFR Part 900), notice is here­ Wisconsin and Minnesota be used in es­ suggestions bearing on the proposals by given of the filing with the Hearing tablishing the Class I I prices under these that are not made or presented at the Clerk of this recommended decision with four orders. There was no opposition hearing may be transmitted in duplicate respect to proposed amendments to the to the use of this price series. There was by mail to the Hearing Clerk, U.S. tentative marketing agreements and disagreement, however, regarding the in­ Department of Agriculture, Washington, orders regulating the handling of milk clusion of an alternative Class n pric­ D.C. 20250, and will be considered if re­ in the Quad Cities-Dubuque, Cedar ing formula in the orders. One coopera­ ceived on or before March 23, 1967. Rapids-Iowa City, North Central Iowa, tive association representative urged that In view of the fact that pertain in­ and Des Moines, Iowa, marketing areas. the monthly Class I I prices be based on terested persons have indicated that they Interested parties may file written ex­ the present Class I I price formula in-the Will be unable to submit their views at ceptions to this decision with the Hear­ Des Moines order whenever such formula the hearing on February 23, 1967, it has ing Clerk, UJ5. Department of Agricul­ yields a higher price than the Minnesota- been determined that a second hearing ture, Washington, D.C. 20250, by the Wisconsin price series. should be held and that additional time seventh day after publication of this Handlers, on the other hand, argued should be afforded parties to submit decision in the Federal Register. The that the monthly Class II prices should comments. Accordingly, a second hear­ exceptions should be filed in quadrupli­ be based solely on the Minnesota-Wis- ing will be held on April 24, 1967, at the cate. A ll written submissions made pur­ consin price series. However, they testi­ same time and location as specified suant to this notice will be made avail­ fied that if an alternative formula is to above, and the time for submitting writ­ able for public inspection at the office be considered, it should be similar to the ten comments is hereby extended to May of the Hearing Clerk during regular one in the Indianapolis market. The 8, 1967. business hours (7 CFR 1.27(b)). Class I I price formula in the Indianap­ olis order provides that the Class II Done at Washington, D.C., this 2d day reliminary tatement P S price be based on the Minnesota-Wis­ of February 1967. The hearing on the record of which the consin series but may not exceed by more Clarence H. Girard, proposed amendments, as hereinafter set than 10 cents a butter-nonfat dry milk Deputy Administrator, forth, to the tentative marketing agree­ formula. For October 1966, the In­ Regulatory Programs. ments and to the orders as amended, were dianapolis Class II price, which was [F.R. Doc. 67-1455; FUed, Feb. 7, 1967; formulated, was conducted at Cedar based on the butter-nonfat dry milk 8:45 a.m.} Rapids, Iowa, on December 8, 1966, pur­ formula, was $4.02 per hundredweight suant to notices thereof issued October for 3.5 percent milk while the Minnesota- 25, 1966 (31 F.R. 13864), and November Wisconsin price was $4.26. Consumer and Marketing Service 8,1966 (31F.R. 14523). The Minnesota-Wisconsin price series The material issues on the record of is representative of prices paid to dairy [ 7 CFR Parts 1001, 1015 1 the hearing relate to the Class n price. farmers for about one-half of the manu­ [Docket Nos. AO 14-A41, AO 305-A15] Findings and Conclusions facturing grade milk sold in the United States. There are many plants in these MILK IN MASSACHUSETTS-RHODE The following findings and conclusions States which are competing for such milk ISLAND AND CONNECTICUT MAR­ on the material issues are based on evi­ supplies. This price series reflects a KETING AREAS dence presented at the hearing and the price level determined by competitive record thereof. conditions which are affected by de­ Decision on Proposed Amendments The Class I I price. The Class n price mand in all the major uses of manu­ to Tentative Marketing Agreements in the Quad Cities-Dubuque, Cedar factured dairy products. Further it Rapids-Iowa City, North Central Iowa, and Orders reflects the supply and demand for and Des Moines, Iowa, orders should be Note : In F.R. Doc. 67-1209, appearing established at the level of the basic for­ manufactured dairy products within a at page 1181 of the issue for Thursday, mula price for the month. The basic highly coordinated marketing system

FEDERAL REGISTER, VOL. 32, NO. 26— WEDNESDAY, FEBRUARY 8, 1967 PROPOSED RULE MAKING 2645 which is national in scale. Milk prod­ R u l in g s o n P roposed F in d in g s and § 1063.50 Basic formula and class ucts that are manufactured from the ex­ C o n c l u s io n s prices. cess milk in these four Iowa markets Briefs and proposed findings and con­ * * * * 4c compete within this system. Using the clusions were filed on behalf of certain (c) Class II mill^ price, The Class I I Minnesota-Wisconsin price series to de­ interested parties. These briefs, pro­ milk price shall be the basic formula termine Class n prices under these four posed findings and conclusions and the price for the month. orders would yield an appropriate Class evidence in the record were considered in Amendment to Cedar Rapids-Iowa II price level in each of these markets. making the findings and conclusions set For the year ending November 30,1966, City order. Section 1070.50(c) is re­ forth above. To the extent that the vised to read as follows: this would have obtained an average suggested findings and conclusions filed Class II price of $3.86; the actual Class by interested parties are inconsistent § 1070.50 Basic formula and class II price under these four orders in the with the findings and conclusions set prices. same 12 months averaged $3.83. forth herein, the requests to make such ***** Representatives of two cooperative as­ findings or reach such conclusions are (c) Class II milk price. The Class I I sociations stated that their associations denied for the reasons previously stated milk price shall be the basic formula receive a price in excess of the present in this decision. price for the month. Class II price for milk they sell for manufacturing purposes. Further, three G e n e r a l F in d in g s Amendment to North Central Iowa or­ Iowa manufacturing plants to which ex­ The findings and determinations here­ der. Section 1078.50(c) is revised to cess milk is moved from some of these inafter set forth are supplementary and read as follows: four markets have consistently paid in addition to the findings and deter­ § 1078.50 Basic formula and class higher prices for manufacturing grade minations previously made in connec­ prices. milk than the Class I I prices computed tion with the issuance of the aforesaid 4s 4e * * 4e under the present formulas. Prices at orders and of the previously issued (c) Class I I milk price. The Class I I these three manufacturing plants have amendments thereto; and all of said milk price shall be the basic formula been about equal to or above the M in­ previous findings and determinations are price for the month. nesota-Wisconsin price series. hereby ratified and affirmed, except in­ No alternative Class II price formula sofar as such findings and determina­ Amendment to Des Moines, Iowa, or­ should be provided in the orders. As set tions may be in conflict with the findings der. Section 1079.50(c) is revised to forth above, the Minnesota-Wisconsin and determinations set forth herein. read as follows: price series reflects the supply and de­ (a) The tentative marketing agree­ § 1079.50 Basic formula and class mand conditions in a marketing system ments and the orders, as hereby proposed prices. to be amended, and all of the terms and which is national in scope. Also, plants 4s 4t * 4 c 4e regulated under these four Iowa orders conditions thereof, will tend to effectu­ (c) The Class I I must compete within this system and ate the declared policy of the Act; Class I I milk price. milk price shall be the basic formula such plants are located in relatively close (b) The parity prices of milk as deter­ price for the month. proximity to manufacturing plants in mined pursuant to section 2 of the Act the States of Minnesota and Wisconsin. are not reasonable in view of the price Signed at Washington, D.C., on Feb­ Any significant variation in prices be­ of feeds, available supplies of feeds, and ruary 3,1967. tween plants regulated under these four other economic conditions which affect C lar ence H. G irard; orders and prices in Minnesota and W is­ market supply and demand for milk in the marketing areas, and the minimum Deputy Administrator, consin would have a direct bearing upon Regulatory Programs. the competitive position of the plants prices specified in the proposed mar­ regulated under these orders in the keting agreements and the orders, as [F.R. Doc. 67-1509; Filed, Feb. 7, 1967; national market. Accordingly, the Class hereby proposed to be amended, are such 8:49 a.m.] II prices under each of these four orders prices as will reflect the aforesaid fac­ should be based solely upon the M in­ tors, insure a sufficient quantity of pure nesota-Wisconsin price series. There­ and wholesome milk, and be in the public fore, the proposals to provide an alter­ interest; and DEPARTMENT OF HEALTH, EDUCA­ native Class I I price formula in the (c) The tentative marketing agree­ orders are denied. ments and the orders, as hereby pro­ TION, AND WELFARE The Minnesota-Wisconsin price series, posed to be amended, will regulate the Food and Drug Administration which is the basic formula used in most handling of milk in the same manner as, Federal orders for determining Class I and will be applicable only to persons in [ 21 CFR Part 8 ] the respective classes of industrial and Prices, has also gained wide acceptance COLOR ADDITIVES in various orders as a formula for pricing commercial activity specified in, a mar­ milk used for manufacturing purposes. keting agreement upon which a hearing Alumina (Dried Aluminum Hydrox­ This formula is used for such purpose in has been held. ide), Calcium Carbonate, and Talc; 39 other Federal- orders, including the R e c o m m en d ed M a r k e t in g A g r eem ents Proposal To List for Drug Use and nearby orders of Central Illinois, Rock and O rder A m e n d in g t h e O rders River Valley, and Madison, Wis. Uti­ Exempt From Certification lizing it in these Iowa orders will tend The following order amending the Notice is given that the Commissioner to obtain a Class n price level consistent orders as amended regulating the han­ of Food and Drugs, on his own initiative, with that prevailing in other markets dling of milk in the Quad Cities- pursuant to the provisions of the Federal and will assure an equitable return to Dubuque, Cedar Rapids-Iowa City, Food, Drug, and Cosmetic Act (sec. 706 Producers for Class I I milk. North Central Iowa, and Des Moines, (b )(1), (c) (2), (d), 74 Stat. 399, 402; 21 Proposals were contained in the notice Iowa, marketing areas is recommended U.S.C. 376(b) (1 ), (c) (2 ), ( d ) ) and under of hearing which would have used the as the detailed and appropriate means by the authority delegated to him by the average monthly prices reported to have which the foregoing conclusions may be Secretary of Health, Education, and W el­ been paid to farmers for bulk tank milk carried out. The recommended market­ fare (21 CFR 2.120), proposes the listing received at seven manufacturing plants ing agreements are not included in this and exemption from certification of the decision because the regulatory provi­ m Illinois and Iowa as an alternative in color additives alumina (dried aluminum determining the Class I I prices. Pro­ sions thereof'would be the same as those hydroxide), calcium carbonate, and talc ponents abandoned these proposals. contained in the orders, as hereby pro­ for use in coloring drugs. Since they were not supported at the posed to be amended: All interested persons are invited to hearing, no further consideration of Amendment to Quad Cities-Dubuque present their views in writing regarding these proposals is warranted on this rec­ order. Section 1063.50(c) is revised to this proposal, within 30 days from the ord. read as follows: date of its publication in the F ederal

FEDERAL REGISTER, VOL. 32, NO. 26— WEDNESDAY, FEBRUARY 8, 1967 2646 PROPOSED RULE MAKING

R eg ister . Such views and comments prepared therefrom intended solely cm* in R eg ister . Such views and comments should be submitted, preferably in quin- part for coloring purposes shall conform should be submitted, preferably in quin­ tuplicate, to the Hearing Clerk, Depart­ to the requirements of § 8.32. tuplícate, to the Hearing Clerk, Depart­ ment of Health, Education, and Welfare, (e) Exemption from certification.ment of Health, Education, and Welfare, Room 5440, 330 Independence Avenue Certification of this color additive is not Room 5440, 330 Independence Avenue SW., Washington, D.C. 20201, and may necessary for the protection of the public SW., Washington, D.C. 20201, and may be be accompanied by a memorandum or health, and therefore batches thereof are accompanied by a memorandum or brief brief in support thereof. exempt from the certification require­ in support thereof. It is proposed to amend Part 8 by add­ ments of section 706(c) of the act. It is proposed to amend Part 8 by add­ ing to Subpart F the following new sec­ § 8.6013 Talc. ing to Subpart D the following new tions: section : (a) Identity. (1) The color additive § 8.6011 Alumina (dried aluminum hy­ §8.320 Ferrous gluconate. droxide). talc is a finely powdered, native, hydrous magnesium silicate sometimes containing (a) Identity. The color additive fer­ (a) Identity. (1) The color additive a small proportion of aluminum silicate. rous gluconate is the ferrous gluconate alumina (dried aluminum hydroxide) is (2) Color additive mixtures for drug defined in the Food Chemicals Codex, a white, odorless, tasteless, amorphous use made with talc may contain only First Edition, Publication 1406 (1966)! powder consisting essentially of alumi­ those diluents listed in this Subpart F as National Academy of Sciences-Nationaí num hydroxide (AlaCVX H20 ) . safe and suitable for use in color additive Research Council, Washington, D.C. (2) Color additive mixtures for drug mixtures for coloring drugs. (b) Specifications. Ferrous gluco­ use made with alumina (dried a lum inum (b) Specifications. Talc shall meet nate shall meet the specifications given hydroxide) may contain only those dilu­ the specifications for talc in the U.S.P. in the Food Chemicals Codex. ents listed in this Subpart F as safe and and the following: (c) Uses and restrictions. Ferrous suitable for use in color additive mix­ Lead (as Pb), not more than 20 parts per gluconate may be safely used in amounts tures for coloring drugs. million. consistent with good manufacturing (b) Specifications. Alumina (dried Arsenic (as A s), not more than 3 parts per practice for the coloring of ripe olives. aluminum hydroxide) shall conform to million. (d ) Labeling. The label of the color the following specifications: Lead and arsenic shall be determined in additive shall conform to the require­ Acidity or alkalinity: Agitate 1 gram of the the solution obtained by boiling 10 grams ments of §-8.32. color additive with 25 milliliters of water and of the talc for 15 minutes in 50 milliliters (e) Exemption from certification. filter. The filtrate shall be neutral to litmus of 0.51V hydrochloric acid. Certification of this color additive is not paper. necessary for the protection of the public Matter insoluble in dilute hydrochloric (c) Uses and restrictions. Talc may acid, not more than 0.5 percent. be safely used in amounts consistent with health, and therefore batches thereof are Lead (as Pb), not more than 10 parts per good manufacturing practice to color exempt from the certification require­ million. drugs generally. ments of section 706(c) of the act. Arsenic (as As), not more than 1 part per (d ) Labeling requirements. The label Dated: January 27,1967. million. of the color additive and of any mixtures Mercury (as H g), not more than 1 part per prepared therefrom intended solely or in J. K . K ir k , million. Associate Commissioner Aluminum oxide (A120, ) , not less than 50 part for coloring purposes shall conform percent. to the requirements of § 8.32. for Compliance. (e) Exemption from certification. [F.R. Doc. 67-1499; Filed, Feb. 7, 1967; (c) Uses and restrictions. Alumina Certification of this color additive is not 8:48 a.m.] (dried aluminum hydroxide) may be necessary for the protection of the public safely used in amounts consistent with health, and therefore batches thereof are [ 21 CFR Part 19 ] good manufacturing practice to color exempt from the certification require­ drugs generally. ments of section 706(c) of the act. CREAMED COTTAGE CHEESE (d) Labeling requirements. The label of the color additive and of any mixtures Dated: January 30,1967. Proposal To Amend Identity Standard prepared therefrom intended solely or in J. K . K ir k , by Listing Diacetyl and Other Arti­ part for coloring purposes shall conform Associate Commissioner ficial Flavors, C o ttag e Cheese to the requirements of § 8.32. for Compliance. (e) Exemption from certification. Whey, and Sodium Citrate as Op­ [F.R. Doc. 67-1498; Filed, Feb. 7, 1967; tional Ingredients Certification of this color additive is not 8:48 a.m.] necessary for the protection of the pub­ Notice is given that the Milk Industry lic health, and therefore batches thereof Foundation, 1012 14th Street NW., are exempt from the certification re­ [ 21 CFR Part 8 ] Washington, D.C. 20005, has submitted quirements of section 706(c) of the act. a petition proposing that the identity § 8.6012 Calcium carbonate. COLOR ADDITIVES standard for creamed cottage cheese (§ 19.530) be amended by listing di­ (a) Identity. (1) The color additive Ferrous Gluconate; Proposal To List acetyl, starter distillate, and other safe calcium carbonate is a fine, white, syn­ for Food Use and Exempt From and suitable flavoring substances that thetically prepared powder consisting es­ Certification enhance the characteristic flavor and sentially of precipitated calcium carbo­ aroma o f the food as optional ingredients nate (CaCOs). Notice is given that the Commissioner of the creaming mixture. The petitioner (2) Color'additive mixtures for drug of Food and Drugs, on his own initiative, also proposes that cottage cheese whey use made with calcium carbonate may pursuant to the provisions of the Fed­ and sodium citrate be listed to provide contain only those diluents listed in this eral Food, Drug, and Cosmetic Act (sec. another citrated medium in which to Subpart F as safe and suitable for use 706 (b) (1), (c) (2), (d), 74 Stat. 399, 402; culture- flavor- and aroma-producing in color additive mixtures for coloring 21 U.S.C. 376 (b )(1 ), (c )(2 ), ( d ) ) arid bacteria for addition to the creaming drugs. under the authority delegated to him by mixture. (b) Specifications. Calcium carbon­ the Secretary of Health, Education, and Grounds set forth in the petition in ate shall meet the specifications for pre­ W elfare (21 CFR 2.120), proposes the support of the proposed amendments are cipitated calcium carbonate in the U.S.P. listing and exemption from certification that through direct addition of diacetyl (c) Uses and restrictions. Calcium of the color additive ferrous gluconate and other artificial flavors, a flavor and carbonate may be safely used in amounts for use in coloring olives. aroma can be imparted to cottage cheese consistent with good manufacturing All interested persons are invited to comparable to that developed through practice to color drugs generally. present their views in writing regarding microbial fermentation of the cream - (d) Labeling requirements. The label this proposal, within 30 days from the dressing or a portion of it. Also, it is of the color additive and of any mixtures date of its publication in the F ederal claimed that citrated cottage cheese

FEDERAL REGISTER, VOL. 32, NO. 26— WEDNESDAY, FEBRUARY 8, 1967 PROPOSED RULE MAKING 2647 \ whey is as desirable a medium as citrated Education, and Welfare, Room 5440, 330 mold-inhibiting ingredient as specified skim milk for culturing flavor- and Independence Avenue SW., Washington, in paragraph (d) of this section, the label aroma-producing bacteria and that so­ D.C. 20201, within 60 days following the shall bear the statement “ ______dium citrate and citric acid are equally date of publication of this notice in the added to retard mold growth” or “ ______effective for citrating the culture me­ F ederal R egister. Comments may be ______added as a preservative,” the dium. accompanied by a memorandum or brief blank being filled in with the common The petition proposes label declaration in support thereof. name or names of the mold-inhibiting of diacetyl, starter distillate, and other Dated: January 31,1967. ingredient or ingredients used. safe and suitable flavoring substances as (2) Wherever the name of the food artificial flavors when used in the man­ J. K . K ir k , appears on the label so conspicuously as ufacture of creamed cottage cheese. Associate Commissioner to be easily seen under customary condi­ Label declaration of cottage cheese whey for Compliance. tions of purchase, the statements pre­ and sodium citrate is not proposed. [F.R. Doc. 67-1500; Filed, Feb. 7, 1967; scribed by this section, showing the op­ Accordingly, it is proposed that 8:48 a.m.] tional ingredient(s) used, shall immedi­ § 19.530 be amended by revising para­ ately and conspicuously precede or follow graph (b) (4 ), by adding a new sub- such name, without intervening written, paragraph (7) to paragraph ( b ), by re­ [ 21 CFR Part 19 1 printed, or graphic matter. designating paragraph (d )(2 ) as (d )(3 ), § 19.606 Low moisture part-skim moz­ with changes, and by adding to para­ LOW MOISTURE MOZZARELLA (SCA- MORZA) CHEESE; LOW MOISTURE zarella cheese, low moisture part- graph (d) a new subparagraph (2). The skim scamorza cheese; identity; label affected portions would read as follows: PART-SKIM MOZZARELLA (SCA- statement o f optional ingredients. MORZA) CHEESE § 19.530 Creamed cottage cheese; iden­ Low moisture part-skim mozzarella tity; label statement o f optional in­ Proposal To Amend Identity Stand­ cheese, low moisture part-skim scamorza gredients. ards by Listing Sorbic Acid, Potas­ cheese conforms to the definition and * * * * * sium Sorbate, and Sodium Sorbate standard of identity and complies with (b) * * * as Optional Ingredients the requirements for label declaration of (4) A preparation of pasteurized skim optional ingredients prescribed for low milk or cottage cheese whey with added Notice is given that a petition has been moisture mozzarella cheese, low moisture citric acid or sodium citrate, which filed by the National Cheese Institute, scamorza cheese by § 19.605, except that preparation has been cultured with Inc., 110 North Franklin Street, Chicago, its milk fat content, calculated on the harmless flavor- and aroma-producing 111. 60606, proposing that the standards solids basis, is less than 45 percent but bacteria. of identity for low moisture mozzarella not less than 30 percent. cheese, low moisture scamorza cheese * * * * * Pursuant to the provisions of the Fed­ (21 CFR 19.605) and for low moisture eral Food, Drug, and Cosmetic Act (secs. (7) Singly or in combination: D i­part-skim mozzarella cheese, low mois? 401, 701, 52 Stat. 1046, 1055, as amended acetyl, starter distillate, or other safe ture part-skim scamorza cheese (21 CFR 70 Stat. 919, 72 Stat. 948; 21 U.S.C. 341, and suitable flavoring substances which 19.606) be amended to provide for the 371) and in accordance with the author­ contribute to the characteristic flavor use of sorbic acid, potassium sorbate, ity delegated to the Commissioner by the and aroma associated with the food and sodium sorbate, or combinations of these which are not food additives as defined Secretary of Health, Education, and as optional ingredients to retard mold W elfare (21 CFR 2.120), all interested by section 201 (s) of the Federal Food, growth. The petition recognizes that, persons are invited to submit their views Drug, and Cosmetic Act; or if they are due to cross-reference, adoption of the in writing, preferably in quintuplicate, food additives as so defined, they are proposed amendment to § 19.605 would used in conformity with regulations es­ regarding this proposal. Such views and in effect amend § 19.606. tablished under section 409 of the act. comments should be addressed to the No proposal was made for label Hearing Clerk, Department of Health, * * * * * declaration of these optional ingredients; Education, and Welfare, Room 5440, 330 however, section 403 (k) of the Federal (d) * * * Independence Avenue SW., Washington, (2) When any ingredient named under Food, Drug, and Cosmetic Act (21 U.S.C. D.C. 20201, within 60 days following the 343 (k)) requires label declaration of paragraph (b) (7) is used, the label shall date of publication of this notice in the chemical preservatives in food. There­ bear the statement “ artificially flavored’' F ederal R egister, and may be accom­ or “artificial flavor added” or “with fore, the Commissioner of Food and panied by a memorandum or brief in Drugs has appended to the proposal added artificial flavoring” . support thereof. (3) Wherever the name “creamed herein a requirement for label declara­ cottage cheese” appears on the label so tion of these mold inhibitors. Dated: January 27, 1967. conspicuously as to be easily seen under Accordingly, it is proposed that Part J. K. K ir k , customary conditions of purchase, the 19 be amended by changing the heading Associate Commissioner label declarations prescribed in sub- of § 19.605, by adding two new para­ for Compliance. paragraphs (1) and (2) of this para­ graphs to § 19.605, and by revising § 19.606. The affected portions would [F.R. Doc. 67-1501; Filed, Feb. 7, 1967; graph, showing the optional ingredients 8:48 &.m.] present, shall immediately and conspic­ read as follows: uously precede or follow such name § 19.605 L o w moisture mozzarella without intervening written, printed, or cheese, low moisture scamorza E 21 CFR Part 120 1 graphic matter. cheese; identity; label statement of INORGANIC BROMIDES Pursuant to the provisions of the Fed­ optional ingredients. eral Food, Drug, and Cosmetic Act (secs. (d) Low moisture mozzarella cheese, Proposed Tolerance for Residues Re­ 401, 701, 52 Stat. 1046, 1055, as amended, low moisture scamorza cheese in the form sulting From Fumigation With 70 Stat. 919, 72 Stat. 948; 21 U.S.C. 341, of slices or cuts in consumer-sized pack­ Methyl Bromide 371) ^ and in accordance with the au­ ages may contain an optional mold-in­ thority delegated to the Commissioner of hibiting ingredient consisting of sorbic The U.S. Department of Agriculture Food and Drugs by the Secretary of acid, potassium sorbate, sodium sorbate, has requested (P P 6F0470) that action Health, Education, and W elfare (21 CFR or . any combination of two or more of be taken to permit the use of methyl 2120), all interested persons are invited these in an amount not to exceed 0.3 bromide as a fumigant on timothy hay to to submit their views in writing, prefer­ percent by weight, calculated as sorbic prevent the spread of cereal leaf beetles ably in quintuplicate, regarding the pro­ acid. from infested to uninfested areas. In posal published herein. Such views and (e) (1) If low moisture mozzarella this program it is proposed to use methyl comments should be addressed to the cheese, low moisture scamorza cheese in bromide as a fumigant on timothy hay Hearing Clerk, Department of Health, sliced or cut form contains an optional under supervision of representatives of

FEDERAL REGISTER, VOL. 32, NO. 26— WEDNESDAY, FEBRUARY 8, 1967 No. 26—pt. I---- 7 2648 PROPOSED RULE MAKING the U.S. Department of Agriculture. Standards Amendments o f 1966 (P.L. 89- Hour and Public Contracts Divisions, That Department states that residues of 601, 80 Stat. 830) requires, with respect U.S. Department of Labor, Condominio inorganic bromides (calculated as Br) to employees in Puerto Rico and the Vir­ San Alberto Building, 1200 Ponce de Leon resulting from the treatment in the fu­ gin Islands, that the rate or rates appli­ Avenue, Santurce, P.R., and shall com­ migation program do not exceed 50 parts cable to them under the most recent wage mence its hearing at 10:30 a.m. on the per million. These residues on timothy order issued by the Secretary of Labor same date at the same place. hay will not constitute a hazard to man. prior to February 1, 1967, be increased Review Committee No. 10 shall meet Therefore, by virtue of the authority by 12 percentum, unless such rate or in executive session at 10 a.m. on March vested in the Secretary of Health, Educa­ rates are superseded by a rate or rates 6, 1967, in the office of the Wage and tion, and Welfare by the Federal Food, prescribed in a wage order issued by the Hour and Public Contracts Divisions, Drug, and Cosmetic Act (sec. 408(e), 68 Secretary pursuant to the recommenda­ U.S. Department of Labor, Condominio Stat. 514; 21 U.S.C. 346a(e)) and dele­ tions of a review committee appointed San Alberto Building, 1200 Ponce de Leon gated by him to the Commissioner of under section 6(c) (2) (C) of the Act. Avenue, Santurce, P.R., Itnd shall com­ Food and Drugs (21 CFR 2.120), the Pursuant to section 6(c) (2) (C) and mence its hearing at 1:30 p.m. on the Commissioner, on his own initiative, pro­ section 5 of the Act and Reorganization same date at the same place. poses that § 120.123 be amended by in­ Plan No. 6 of 1950 (64 Stat. 1263) I Each review committee shall investi­ serting immediately following the item hereby appoint Review Committee No. 9 gate conditions in its industry, and each “50 parts per million in or on cabbage for the handkerchief, scar;f, and art linen review committee, or any authorized * * a new item reading as follows; industry in Puerto Rico, and Review subcommittee thereof, shall hear such Committee No. 10 for the sugar manu­ witnesses and receive such evidence as § 120.123 Inorganic bromides resulting facturing industry in Puerto Rico. Pur­ from fumigation with methyl bro­ may be necessary or appropriate to en­ suant to section 8 of the Act and Reor­ mide; tolerances for residues. able the committee to perform its duties ***** ganization Plan No. 6 of 1950 I hereby and functions under the aforementioned convene these review committees, refer to Act. Each review committee shall rec­ Fifty parts per million in or on timothy each of them the question of the mini­ ommend to the Administrator of the hay from use in accordance with the mum wage rate or rates to be fixed for the Wage and Hour and Public Contracts Plant Pest Control Program of the U.S. industry with which it is concerned, and Divisions of this Department the highest Department of Agriculture. give notice of the hearing to be held by, minimum wage rates which it deter­ ***** each. mines, having due regard to economic Any person who has registered or who For the purpose of this order— and competitive conditions, will not sub­ has submitted an application for the 1. The handkerchief, scarf, and art stantially curtail employment in its in­ registration of an economic poison under linen industry in Puerto Rico (29 CFR dustry, and will not give any industry in the Federal Insecticide, Fungicide, and Part 608) is defined as follows: The man­ Puerto Rico a competitive advantage Rodenticide Act containing any of the in­ ufacture of plain, scalloped, or ornamen­ over any industry in the United States gredients listed in the document may re­ tal handkerchiefs and scarves; the man­ outside of Puerto Rico, the Virgin Is­ quest, within 30 days from the date of ufacture of art linen, including, but not lands, and American Samoa. by way of limitation, table cloths, lunch­ publication of this proposal in the F ed ­ Whenever either review committee eral R egister, that this proposal be re­ eon cloths, alter cloths, napkins, bridge sets, table covers, sheets, pillow cases, finds that a higher minimum wage may ferred to an advisory committee in ac­ be determined for employees engaged in cordance with section 408(e) of the act. and towels; and the manufacture of certain activities or in the manufacture Any interested person may, within 30 needlepoint on canvas or other materi­ of certain products in its industry than days from the date of publication of this als: Provided, however, That the indus­ may be determined for other employees notice in the F ederal R egister, file with try shall not include the outlining or in that industry, the committee shall the Hearing Clerk, Department of embroidery of lace by machine or the recommend such reasonable classifica­ Health, Education, and Welfare, Room embroidery of any article or trimming tions within that industry as it deter­ 5440, 330 Independence Avenue SW., by a crochet beading process or with mines to be necessary for the purpose Washington, D.C. 20201, written com­ bullion thread. of fixing for each classification the high­ ments on this proposal, preferably in 2. The sugar manufacturing industry est minimum wage rate (not in excess quintuplicate. Comments may be ac­ in Puerto Rico (29 CFR Part 689) is de­ of $1.40 an hour for the period ending companied by a memorandum or brief fined as follows: The production of raw January 31, 1968, nor $1.60 an hour in support thereof. sugar, cane juice, molasses and refined sugar, and incidental byproducts; all thereafter) that can be determined for Dated: January 31,1967. railroad transportation activities carried it under the principles set forth herein which will not give a competitive advan­ J. K . K ir k , on by a producer of any of these products, Associate Commissioner (or by any firm owned or controlled by, tage to any group in the industry. No classification shall be made, however, and for Compliance. or owning and controlling such producer, or by any firm owned or controlled by no minimum wage rate shall be fixed [F.R. Doc. 67-1502; Filed, Feb. 7, 1967; the parent company of such producer) solely on a regional basis or on the basis 8:48 a.m.] where the railroad transportation activi­ of age or sex. In determining whether ties are in whole or in part used for the there should be classifications within its production or shipment of the products industry, in making such classifications, of the industry; and any transportation and in determining the minimum wage DEPARTMENT OF LABOR activities by truck, vessel, or other vehicle rates for such classifications, each review Office of the Secretary performed by a producer of products of committee shall consider, among other the industry in connection with the pro­ Relevant factors, the following: (1) Com­ [ 29 CFR Parts 608, 689 1 , duction or shipment of such products petitive conditions as affected by trans­ [Administrative Order No. 598] by such producer: Provided, however, portation, living, and production costs; That the industry shall not include any (2) wages established for work of like CERTAIN INDUSTRIES IN PUERTO RICO transportation activity covered by the or comparable character by collective labor agreements negotiated between Review Committees wage order for the communications, util­ ities, and transportation industry in employers and employees by representa­ ^Review committees for handkerchief, Puerto Rico (29 CFR Part 671), or any tives of their own choosing; and (3) scarf, and art linen industry, and sugar transportation activity to which the wages paid for work of like or compara­ manufacturing industry in Puerto Rico; agricultural exemption contained in sec­ ble character by employers who volun­ appointment, covention, notice of hear­ tion 13(a) (6) of the Act was applicable tarily maintain minimum wage stand­ ings. prior to February 1,1967. ards in the industry. Section 6(c) (2) (A) of the Fair Labor Review Committee No. 9 shall meet in The Administrator of the Wage and Standards Act of 1938 (29 U.S.C. 206(c) executive session at 9 a.m. on February Hour and Public Contracts Divisions shall (2) (A )) as amended by the Fair Labor 20, 1967, in the office of the Wage and prepare an economic report for each re-

FEDERAL REGISTER, VOL. 32, NO. 26— WEDNESDAY, FEBRUARY 8, 1967 PROPOSED RULE MAKING 2649 view committee containing such data as sign requirements in its regulations ap­ craft, provided each device contains not he is able to assemble pertinent to the plicable to commercial aircraft (14 CFR more than 10 curies of tritium or 100 matters referred to the committee. 25.812, 121.310(b); 31 F.R. 8911). By millicuries of promethium 147 and that Copies of each such report may be ob­ letter to the Commission dated August each device has been manufactured, as­ tained at the National and Puerto Rican 26, 1966, the United States Radium sembled or imported in accordance with offices of the U.S. Department of Labor Corp. (USRC) indicated that the present a license issued under the provisions of as soon as they are completed. Each state of the art requires use of a quantity § 32.53 of this chapter or manufactured review committee shall take official no­ of tritium on the order of 10 curies in air­ or assembled in accordance with a spe­ tice of the facts stated in the economic craft safety markers to achieve the cific license issued by an agreement report for the industry referred to it. brightness considered desirable by FAA. State which authorizes manufacture or Parties, however, shall be afforded an Accordingly, USRC requested amend­ assembly of the device for distribution to opportunity to refute such facts by evi­ ment of 10 CFR Part 31, “General Li­ persons generally licensed by the agree­ dence received at the hearings. censes for Certain Quantities of Byprod­ ment State. The procedure for each review com­ uct Material and Byproduct Material * * * * * mittee shall be governed by 29 CFR Contained in Certain Items”, and Part Part 512, as amended on October 13, 32, “Specific Licenses to Manufacture, 2. Paragraph (c) of § 32.53 of 10 CFR 1966 (31 P.R. 13211), Part 512 makes 29 Distribute, or Import Exempted and Part 32 is revised to read as follows: Generally Licensed Items Containing CFR Part 511 applicable to the proce­ § 32.53 Luminous safely devices for use Byproduct Material”, to increase the dure of review committees and the gen­ in aircraft: requirements for license eral method for issuance of wage orders quantity limit per generally licensed air­ to manufacture, assemble, repair or pursuant to their recommendations, craft safety device from 4 curies to 10 import. curies. except insofar as Part 511 may be in­ * * * ♦ * consistent with Part 512 or the Pair The Commission has considered the Labor Standards Amendments of 1966. favorable operating experience with more (c) Each device will contain no more As a prerequisite to participation in the than 16,000 devices which have been used than 10 curies of tritium or 100 millicu­ hearing of Review Committee No. 9 in­ under the general license, and the low ries of promethium 147. The levels of terested persons shall file prehearing anticipated radiation exposures in the radiation from each device containing statements containing the data specified event of failure of a device, and has con­ promethium 147 will not exceed 0.5 milli- in 29 CFR 511.8 not later than February cluded that increasing the maximum rad per hour at 10 centimeters from any 15, and as a prerequisite to participation quantity limit to 10 curies will not result surface when measured through 50 m illi­ in the hearing of Review Committee No. in an unacceptable radiation exposure to grams per square centimeter of absorber. 10, interested persons shall file such the public. Accordingly, the Commission ***** statements not later than March 1, 1967. is now considering an amendment to § 31.7 of Part 31 to increase the maximum (Sec. 81, 68 Stat. 935; 42 U.S.C. 2111; Sec. Signed at Washington, D.C., this 3d quantity of generally licensed tritium in 161, 68 Stat. 948; 42 U.S.C. 2201) day of February 1967. any single aircraft safety device from Dated at Washington, D.C., this 26th W . W illar d W ir t z , 4 curies to 10 curies. Section 32.53 of day o f January 1967. Secretary of Labor. Part 32, which contains requirements for For the Atomic Energy Commission. [P.R. Doc. 67-1515; Piled, Feb. 7, 1967; specific licenses to manufacture or im­ 8:49 a.m.] port aircraft safety devices containing W . B. M cC o o l , tritium for distribution to general li­ Secretary to the Commission. censees, would also be amended to reflect [F.R. Doc. 67-1440; Piled, Peb. 7, 1967; the increase in the amount of tritium 8:45 a.m.] ATOMIC ENERGY COMMISSION permitted under the general license. The only change in the text of the sections of E 10 CFR Parts 31, 32 1 Parts 31 and 32 to be amended would be TRITIUM the substitution of “ 10 curies” of tritium FEDERAL AVIATION AGENCY for “4 curies” of tritium where that term Increase in Quantity Limit in Gen­ appears. [1 4 CFR Part 71 1 erally Licensed Self-Luminous Air­ Pursuant to the Atomic Energy Act of [Airspace Docket No. 67-WE-3] craft Safety Devices 1954, as amended, and the Administrative CONTROL ZONE AND TRANSITION Procedure Act of 1946, as amended, no­ On March 14, 1962, the Atomic Energy tice is hereby given that adoption of the AREA Commission amended 10 CFR Part 30 to following amendments of Title 10, Chap­ Proposed Designation establish a general license for possession ter I, Parts 31 and 32, Code of Federal and use of certain luminous safety de­ Regulations, is contemplated. All in­ The Federal Aviation Agency is con­ vices containing tritium (hydrogen 2) terested persons who desire to submit sidering amendments to Part 71 of the for use in aircraft and criteria for the written comments or suggestions for Federal Aviation Regulations which issuance of specific licenses to manu­ consideration in connection with the pro­ would designate controlled airspace in facture or import such devices for posed amendments should send them to the Cody, Wyo., terminal area. distribution-as generally licensed items the Secretary, U.S. Atomic Energy Com­ On or about June 22, 1967, the Federal (27 F.R. 2393). That amendment fo l­ mission, Washington, D.C. 20545, within Aviation Agency will commission the lowed publication (26 F.R. 8522) of a 30 days after publication of this notice Cody VOR at latitude 44°37'15" N., notice of proposed rule making which in the F ederal R eg iste r . Comments re­ longitude 108°57'53" W. The develop­ contained an extensive discussion of ceived after that period will be considered ment of a public-use instrument ap­ anticipated radiation doses in the event if it is practicable to do so, but assurance proach procedure utilizing the VOR will of failure of such a device. Among the of consideration cannot be given except require controlled airspace to provide limitations imposed on the devices used as to comments filed within the period protection for aircraft executing instru­ under the general license was a maxi­ specified. ment approach, departure, and holding mum quantity lim it of 4 curies of tritium procedures. Therefore, it is proposed to per device. That limitation was not im ­ 1. Paragraph (a) of § 31.7 of 10 CFRestablish a control zone and transition posed on the basis that a larger quantity Part 31 is revised to read as follows: areas to provide this protection. The would present an unacceptable health Cody VOR and a colocated Limited Re­ risk, but because devices with 4 curies of § 31.7 Luminous safety devices for use in aircraft. mote Communications Outlet (LRCO) tritium were considered adequate to pro- will be controlled by the FAA, Flight tude the needed brightness for mark­ (a) A general license is hereby issuedService Station, Worland, Wyo., on a ing emergency exits of aircraft. to own, receive, acquire, possess, and full-time basis. During those hours rw?ecently ^ d e r a l Aviation Agency use tritium or promethium 147 contained when the control zone is effective (0600 irAA) adopted revised exit marking and in luminous safety devices for use in air­ to 1700 hours, local time, d a ily), Frontier

FEDERAL REGISTER, VOL. 32, NO. 26— WEDNESDAY, FEBRUARY 8, 1967 2650 PROPOSED RULE MAKING

Airlines will provide Cody weather serv­ [ 14 CFR Part 71 1 2. Amend § 71.181 of Part 71 of the Federal Aviation Regulations so as to de­ ice to the Worland Flight-Service station. [Airspace Docket No. 66-EA-82] Rule-making action to establish an lete in the description of the Augusta, airway from Boysen Reservoir, Wyo., CONTROL ZONE, TRANSITION AREA Maine, transition area the phrases, “Au­ VORTAC to Billings, Mont., VORTAC gusta Airport” and “to 8 miles SW of the via Cody, Wyo., VOR will be processed Proposed Alteration RBN.” and insert in lieu thereof, “Au­ separately. The Federal Aviation Agency is con­ gusta State Airport” and “ to 8 miles SW Interested persons may participate in sidering amending §§ 71.171 and 71.181 of the RB N and within 2 miles each side the proposed rule making by submitting of Part 71 of the Federal Aviation of the Capital City, Maine RBN such written data, views, or arguments Regulations so as to alter the Augusta (44°20'18" N., 69°48'42" W.) 333° bear­ as they may desire. Communications State Airport, Augusta, Maine, control ing extending from the 8-mile radius should be submitted in triplicate to the zone and transition area. area to 8 miles NW of the RBN.”. Director, Western Region, Attention: The control zone extensions to the This amendment is proposed under Chief, Air Traffic Division, Federal Avia­ southeast and east will be eliminated and sec. 307(a ) of the Federal Aviation Act of tion Agency, 5651 West Manchester Ave­ a new extension added to the southwest 1958 (72 Stat. 749; 49 U.S.C. 1348). nue, Post Office Box 90007, Airport Sta­ for the Augusta ADF radio beacon proce­ Issued in Jamaica, N.Y., on January 18, tion, Los Angeles, Calif. 90009. All com­ dure. The control zone extension to the 1967. munications received within 30 days after northwest will be included to cover the W a y n e H endersh o t, publication of this notice in the F ed­ Capital City ADF and VOR-17 approach Deputy Director, Eastern Region. eral R eg ister will be considered before procedures. The current transition area [F.R. Doc. 67-1445; Filed, Feb. 7, 1967; action is taken on the proposed amend­ requires an additional extension to the 8:45 a.m.] ments. No public hearing is contem­ northwest for the Capital City radio bea­ plated at this time, but arrangements for con ADF approach procedure. informal conferences with Federal Avia­ Interested persons may submit such tion Agency officials may be made by written data or views as they may desire. FEDERAL HOME LOAN BANK BOARD contacting the Regional Air Traffic Divi­ Communications should be submitted in sion Chief. Any data, views, or argu­ triplicate to the Director, Eastern [1 2 CFR Part 509 ] ments presented during such conferences Region, Attention: Chief, Air Traffic [No. 20,434] must also be submitted in writing in ac­ Division, Federal Aviation Agency, cordance with this notice in order to be­ Federal Building, John F. Kennedy PRACTICE AND PROCEDURE come part of the record for considera­ International Airport, Jamaica, N.Y. tion. The proposals contained in this 11430. All communications received Notice of Proposed Rule Making notice may be changed in the light of within 30 days after publication in the F e b r u a r y 2, 1967. comments received. F ederal R egister will be considered be­ Resolved that, pursuant to Part 508 of A public docket will be available for fore action is taken on the proposed the general regulations of the Federal examination by interested persons in the amendment. No hearing is contem­ Home Loan Bank Board (12 CFR Part office of the Regional Counsel, Federal plated at this time, but arrangements 5 0 8 ) , it is hereby proposed that Part 509 Aviation Agency, 5651 West Manchester may be made for informal conferences of the general regulations of the Federal Avenue, Los Angeles, Calif. 90045. with Federal Aviation Agency officials by Home Loan Bank Board (12 CFR Part In view of the foregoing, the FAA pro­ contacting the Chief, Airspace and 509) be revised to read as follows: poses the following airspace action: Standards Branch, Eastern Region. In § 71.171 (31 F.R. 2065) the follow­ Any data or views presented during PART 509— RULES OF PRACTICE ing control zone is added: such conferences must also be submitted AND PROCEDURE Sec. Co d y , W y o . in writing in accordance with this notice in order to become part of the record for 509.1 Scope of regulations. That airspace within a 5-mile radius of the consideration. The proposal contained 509.2 Definitions. 509.3 Appearance and practice before the Cody Municipal Airport, Cody, Wyo. (latitude in this notice may be changed in the 44°31'09" N., longitude 109°01'25" W .). This Board. control zone is effective from 0600 until light of comments received. 509.4 Notice of hearing. 1700 hours, local time, daily. The official docket will be available for 509.5 Answer. examination by interested persons at the 509.6 Conduct of hearings. In § 71.181 (31 F.R. 2149) the follow­ Office of Regional Counsel, Federal Avia­ 509.7 Subpenas. ing transition area is added: tion Agency, Federal Building, John F. 509.8 Depositions. Kennedy International Airport, Jamaica, 509.9 Rules of evidence. C o d y, W y o . 509.10 Motions. N.Y. 509.11 Proposed findings and conclusions That airspace extending upward from 700 The Federal Aviation Agency, having and recommended decision. feet above the surface within a 5-mile ra­ completed a review of the airspace re­ 509.12 Exceptions. dius of the Cody Municipal Airport, Cody, quirements for the terminal area of 509.13 Briefs. Wyo. (latitude 44®31'09" N., longitude 109° Augusta, Maine, proposes the airspace 509.14 Oral argument before the Board. 01 '25" W .), within 2 miles each side of the action hereinafter set forth: 509.15 Notice of submission to the Board. Cody VOR 023° and 203° radials, extending 509.16 Decision of the Board. from the 5-mile radius area to 8 miles 1. Amend § 71.171. of Part 71 of the Federal Aviation Regulations so as to 509.17 Filing of papers. northeast of the VOR; and that airspace 509.18 Service. extending upward from 1,200 feet above the delete the description of the Augusta, 509.19 Copies. surface within 6 miles northwest and 8 miles Maine, control zone in its entirety and 509.20 Computing time. southeast of the Cody VOR 023° and 203° substitute the following: 509.21 Documents in proceedings confiden­ radials, extending from 7 miles southwest to tial. A u g u s ta , M a in e 17 miles northeast of the VOR. 509.22 Formal requirements as to papers Within a 5-mile radius of the center filed. These amendments are proposed under (44019'15'' N., 69°47'45" W .), of Augusta A u t h o r it y : The provisions of this Part 509 the authority of sec. 307(a) of the Fed­ State Airport, Augusta, Maine; within 2 eral Aviation Act of 1958, as amended (72 issued under sec. 17, 47 Stat. 736, as amended, miles each side of the Augusta RBN 242° sec. 5, 48 Stat. 132, as amended, secs. 402, 403, Stat. 749; 49 U.S.C. 1348). bearing extending from the 5-mile radius 48 Stat. 1256, 1257, as amended; 12 U.S.C. zone to 5 miles SW of the RBN; within 2 1437, 1464, 1725, 1726. Reorg. Plan No. 3 of Issued in Los Angeles, Calif., on Jan­ miles each side of the Augusta VOR 327° 1947, 12 F.R. 4981, 3 CFR, 1947 Supp. uary 31, 1967. radial extending from the 5-mile radius zone L ee E. W arren, to 6 miles NW of the VOR; and within 2 § 509.1 Scope of regulations. Acting Director, Western Region. miles each side of the Capital City, Maine RBN (44°20'18" N., 69°48'42'' W .) 333° bear­ This part prescribes rules of practice [FJEl. Doc. 67-1444; Filed, Feb. 7, 1967; ing extending from the 5-mile radius zone to and procedure applicable to adjudicative 8:45 a.m.] 6 miles NW of the RBN. proceedings as to which hearings are

FEDERAL REGISTER, VOL. 32, NO. 26— WEDNESDAY, FEBRUARY 8, 1967 PROPOSED RUIE MAKING 2651 provided by the following statutory ever of the three shall preside at a hear­ (c) Admitted allegations. If a party provisions: ing hereunder, except as otherwise speci­ filing an answer under this section elects (a) Hearings under subsection (1) of fied in the text. not to contest the allegations of fact set section 6 of the Federal Home Loan Bank § 509.3 Appearances. forth in the notice of hearing, his answer Act, as amended (12 U.S.C. 1426(D), to shall consist of a statement that he ad­ determine whether cause exists for the (a) Before the Board or the presiding mits all of the allegations to be true. removal of any member of a Federal officer. Any person who is a member in Such answer shall constitute a waiver of Home Loan Bank from membership or good standing of the bar of the highest hearing as to the facts alleged in the for depriving any nonmember borrower court of any State, possession, territory, notice, and together with the notice will of the privilege of obtaining advances Commonwealth, or the District of Colum­ provide a record basis on which the pre­ from a Federal Home Loan Bank; bia, may represent others before the siding officer shall file with the Secretary (b) Hearings in cease and desist pro­ Board upon filing with the Secretary a his recommended decision and his find­ ceedings under paragraph (2) of sub­ written declaration that he is currently ings of fact and conclusions of law. In section (d) of section 5 of the Home qualified as provided by this paragraph, such an answer, such party m ay,'how­ Owners’ Loan Act o f 1933, as amended and is authorized to represent the partic­ ever, reserve the right to file with the (12 U.S.C. 1464(d)(2) ), and subsection ular party on whose behalf he acts. Any Secretary exceptions to such recom­ (e) of section 407 of the National Hous­ other person desiring to represent others mended decision, findings, and con­ ing Act, as amended (12 U.S.C. 1730(e) ) ; before the Board may be required to file clusions. (c) Hearings under paragraph (4) of with the Secretary a power of attorney (d ) Effect of failure to answer. Fail­ subsection (d) of section 5 of the Home showing his authority to act in such ca­ ure of a party to file an answer re- • Owners’ Loan Act of 1933, as amended pacity, and he may be required to show quired by this section within the time (12 U.S.C. 1464(d)(4)), and subsection to the satisfaction of the Board that he provided shall be deemed to constitute a (g) of section 407 of the National Hous­ has the requisite qualifications. Attor­ waiver of his right to appear and contest ing Act, as amended (12 U.S.C. 1730(g) ), neys or other representatives of parties the allegations of the notice of hearing to determine whether a director, officer, to any proceeding provided for in this and to authorize the presiding officer, or other person should be removed from part shall file a written notice of appear­ without further notice to the party, to office and/or prohibited from further ance with the Secretary, or with the find the facts to be as alleged in the participation in the conduct of the affairs presiding officer. notice and to file with the Secretary a of an institution; (b) Summary suspension. Contemp­ recommended decision containing such (d) Hearings under subsection (b) of tuous conduct at any hearing before the findings and appropriate conclusions. section 407 of the National Housing Act, Board or a presiding officer shall be The Board or the presiding officer may, as amended (12 U.S.C. 1730(b)), to de­ ground for exclusion therefrom and sus­ for cause shown, permit the filing o f a termine whether cause exists for the pension for the duration of the hearing. delayed answer after the time for filing termination of the insured status of any § 509.4 Notice of hearing. the answer has expired. institution the accounts of which are in­ sured by the Federal Savings and Loan Whenever a hearing is ordered by the § 509.6 Conduct of hearings. Insurance Corporation; and Board in any proceeding provided for in (а) Authority of presiding officer. (e) Hearings under section 408 of the this part, a notice of such hearing shall All hearings governed by this part shall National Housing* Act, as amended (12 be served by the Secretary, or other per­ be conducted in accordance with the U.S.C. 1730a), for either or both of the son designated for such purpose by the provisions of chapter 5 of title 5 of the following purposes: Board, upon the party or parties afforded United States Code. The presiding offi­ (1) Under paragraph (3) of subsection the hearing. Such notice shall state the cer designated by the Board to preside (a) of said section 408 to determine time, place, and nature of the hearing, at any such hearing shall have complete whether a company directly or indirectly the legal authority and jurisdiction un­ charge of the hearing, and he shall have exercises a controlling influence over the der which the hearing is to be held, and, the duty to conduct it in a fair and im­ management and policies of an institu­ if a presiding officer has been designated partial manner and to take all necessary tion or other organization, and to preside at the hearing, the name and action to avoid delay in the disposition of (2) Under paragraph (2) of subsection address of the presiding officer. Such proceedings. Such officer shall have all (b) of said section 408 to determine notice shall also contain a statement of powers necessary to that end, including whether, at the time of the approval of the matters of fact and law constituting the following: an application of an institution for in­ the grounds for the hearing. (1) To administer oaths and affirma­ surance as therein set forth, such insti­ § 509.5 Answer. tions; tution was controlled by a company (2) T o issue subpenas and subpenas which also controlled another insured (a) When required. In any notice of duces tecum, as authorized by law, and institution, or another applicant for in­ hearing issued by the Board, the Board to revoke, quash, or modify any such surance if the application of such other may direct the party afforded the hearing subpena; applicant was approved.. For the pur­ to file an answer to the allegations con­ (3) To receive relevant evidence and poses of the hearings referred to in this tained in the notice, and any party to to rule upon the admission of evidence Paragraph, the term “ institution” , as any proceeding may file an answer. Ex­ and offers of proof; used in this part exclusive of this section, cept where a different period is specified (4) To take or cause depositions to be shall include a company referred to in by the Board, a party directed to file an taken; this paragraph. answer, or a party who elects to file an (5) To regulate the course of the answer, shall file the same with the Sec­ § 509.2 Definitions. hearing and the conduct of the parties retary within 20 days after service upon and their counsel; As used in this part— him of the notice of hearing. (б) To hold conferences for the settle­ (a) The term “Board” means the Fed­ (b) Requirements of answer; effect of ment or simplification of issues or for any eral Home Loan Bank Board or, where failure to deny. An answer filed under proper purpose; and appropriate, the Federal Savings and this section shall specifically admit, deny, (7) To consider and rule upon, as jus­ Loan Insurance Corporation; or state that the party does not have and tice may require, all procedural and (b) The term “Secretary” means the is unable to obtain sufficient information other motions appropriate in an ad­ Secretary to the Federal Home Loan to admit or deny, each allegation in the versary proceeding, except that a pre­ Bank Board and any Assistant Secretary notice of hearing. A statement of lack siding officer other than the Board shall to the Board; and of information shall have the effect of a not have power to decide any motion to (c) The term “presiding officer” in­ denial. Any allegation not denied shall dismiss the proceedings or other motion cludes the Board, one or more members be deemed to be admitted. When a party which results in final determination of thereof, or a hearing examiner appointed intends in good faith to deny only a part the merits of the proceedings. under section 3105 of title 5 of the United or a qualification of an allegation, he States Code, and as used in this part the shall specify so much of it as is true and Without limitation on the foregoing, the term shall be construed to refer to which­ shall deny only the remainder. presiding officer shall, subject to the pro-

FEDERAL REGISTER, VOL. 32, NO. 26— WEDNESDAY, FEBRUARY 8, 1967 2652 PROPOSED RULE MAKING visions of this part, have all the au­ cause shown, change or extend any time The original subpena, bearing or ac­ thority of section 556(c) of title 5 of the limit prescribed by these rules or the companied by the required return, af­ United States Code. notice of hearing, or change the time fidavit, or statement, shall be returned (b) Prehearing conference. The pre­ and place for beginning any hearing without delay to the presiding officer. siding officer may, on his own initiative hereunder.. The presiding officer may (d) Attendance of witnesses. The at­ or at the request of any party, direct continue or adjourn a hearing from time tendance of witnesses and the produc­ counsel for all parties to meet with him to time and, as permitted by law or tion of documents pursuant to a subpena, at a specified time and place prior to the agreed to by the parties, from place to issued in connection with a hearing pro­ hearing, or to submit suggestions to him placed Extensions of time for making vided for in Part 550, 565, or 566 of this in writing, for the purpose of considering any filing or performing any act re­ chapter, may be required from any place any or all of the following: quired or allowed to be done within a in any State or in any territory at any (1) Simplification and clarification of specified time in the course of a proceed­ designated place where the hearing is the issues; ing may be granted by the presiding being conducted. Witnesses subpenaed (2) Stipulations, admissions of fact officer fo r good cause shown. in any proceeding under this part shall and of the contents and authenticity of (f) Call for further evidence, oralbe paid the same fees and mileage that documents; argument, briefs, reopening of hearing. are paid witnesses in the district courts (3) Matters of which official notice The presiding officer may call for the of the United States, except that when a will be taken; and production of further evidence upon any subpena is issued at the request of Board (4) Such other matters as may aid in issue, may permit oral argument and counsel fees and mileage need not be the orderly disposition of the proceeding, submission of briefs at the hearing and, tendered at the time of service of the including disclosure of the names of w it­ upon appropriate notice, may reopen subpena. nesses and of documents or other physi­ any hearing at any time prior to the cer­ § 509.8 Depositions. cal exhibits which will be introduced in tification of his recommended decision to (a) Upon order of the Board or the evidence in the course of the proceeding. the Secretary. The Board may order the reopening of any hearing at any time presiding officer. In connection with Such conferences, in the discretion of prior to the entry of its order disposing of any hearing provided for in Part 550, the presiding officer, need not be re­ the matter. 565, or 566 of this chapter, the presiding corded, but the presiding officer shall officer may by subpena or subpena duces enter in the record an order which re­ § 509.7 Subpenas. tecum order evidence to be taken by oral cites the results of the conference. (a ) Issuance. The presiding officer or, deposition in any proceeding at any Such order, shall include the officer’s rul­ in the event he is unavailable, the Board, stage thereof. Such deposition may be ings upon matters considered at the shall issue subpenas, as authorized by taken by the presiding officer or before conference/ together with appropriate law, at the request of any party, requir­ any person designated by the presiding directions, if any, to the parties; and ing the attendance of witnesses or the officer and having power to administer such order shall control the subsequent production of documentary evidence at oaths. Unless notice is waived, no such course of the proceedings, unless modi­ any designated place of hearing; except deposition shall be taken except after fied at the hearing to prevent manifest that where it appears to the presiding of­ at least 5 days notice to each of the injustice. ficer or the Board that the subpena may parties to the proceeding. (c) Attendance at hearings. All hear­ be unreasonable, oppressive, excessive in (b) -Application and order to take ings shall be private and shall be scope, or unduly burdensome, the party oral deposition. Any party desiring to attended only by the parties, their rep­ seeking the subpena may be required, as take the oral deposition of a witness, in resentatives or counsel, witnesses while a condition precedent to the issuance of connection with any hearing provided for testifying, and other persons having an the subpena, to show the general rele­ in Part 550, 565, or 566 of this chapter, official interest in the proceeding: Pro­ vance and reasonable scope of the testi­ shall make application in writing to the vided, however, That where the Board, mony or other evidence sought. In the presiding officer or, in the event he is un­ in its discretion, after fully considering event the presiding officer or the Board, available, to the Board, setting forth the the views of the party afforded the hear­ after consideration of all the circum­ reasons why such deposition should be ing, determines that a public hearing is stances, determines that the subpena or taken, the name and post office address necessary to protect the public interest, any of its terms are unreasonable, op­ of the witness, the matters concerning the Board may order the hearing be pressive, excessive in scope, or unduly which the witness is expected to testify, public. burdensome, he or it may refuse to issue its relevance, and the time when, the (d ) Transcript of testimony. Hear­ the subpena, or issue it only upon such place where, and the name and post ings shall be recorded and transcripts conditions as fairness requires. office address of the person before whom will be made available to any party upon (b) Motion to quash. Any person to it is desired the deposition be taken. payment of the cost thereof and, in the whom a subpena is directed may, prior A copy of such application shall be served event the hearing is public, shall be fur­ to the time specified therein for compli­ upon every other party to the proceeding nished on similar payment to other in­ ance but in no event more than 5 days by the party making such application. terested persons. A copy of the tran­ after the date of service of such sub­ Upon a showing that (1) the proposed script of the testimony taken at any pena, with notice to the party requesting witness will be unable to attend or may hearing, duly certified by the reporter, the subpena, apply to the presiding o f­ be prevented from attending the hearing together with all exhibits, all papers and ficer, or, if he is unavailable, to the because o f age, sickness or Infirmity, or requests filed in the proceedings, and Board, to revoke, quash, or m odify such will otherwise be unavailable at the any briefs or memoranda of law there­ subpena, accompanying such applica­ hearing, (2) his testimony will be mate­ tofore filed in the proceedings, shall be tion with a statement of the reasons rial, and (3) the taking of the deposi­ filed with the Secretary, who shall trans­ therefor. tion will not result in any undue burden mit the same to the presiding officer.

FEDERAL REGISTER, VOL. 32, NO. 26— WEDNESDAY, FEBRUARY 8, 1967 PROPOSED RULE MAKING 2653 subpena shall be served upon each of of objection relied upon but no argu­ mission to appeal from such rulings of the parties a reasonable time, and in ment thereon shall be permitted, except the presiding officer shall be filed no event less than 5 days, in advance of as ordered or requested by the presiding promptly, in writing, and shall briefly the time fixed for the taking of the officer. Rulings on such objections and state the grounds relied on. The mov­ deposition. all other matters shall be part of the ing party shall immediately serve a copy (c) Procedure on deposition; objec­ transcript. Failure timely to object to thereof on every other party to the tions. Each witness testifying upon oral the admission or exclusion of evidence proceedings. deposition shall be duly sworn, and the or to any ruling shall be considered a (f ) Continuation of hearing. Unless adverse party shall have the right to waiver of such objection. otherwise ordered by the presiding officer cross-examine. Objections to questions (c) Official notice. All matters of­or the Board, the hearing shall continue or documents shall be in short form, ficially noticed by the presiding officer pending the determination of any mo­ stating the grounds of objection relied shall appear on the record. tion by the Board. upon; but the person taking the deposi­ § 509.11 Proposed findings and conclu­ § 509.10 Motions. tion shall not have power to rule upon sions and recommended decision. questions of competency or materiality (a) In writing. An application or re­ or relevance of evidence. Failure to ob­ quest for an order or ruling not other­ (a) Proposed findings and conclusions Each party to a hearing ject to questions or evidence shall not wise specifically provided for in this part by parties. be deemed a waiver unless the ground shall be made by motion. After a pre­ shall have a period of 15 days after serv­ of the objection is one which might have siding officer has been designated to ice of the Secretary’s notice of the filing been obviated or removed if presented at preside at a hearing and before the filing and transmittal of the record, as pro­ that time. The questions propounded with the Secretary of his recommended vided in paragraph (d) of § 509.6, such and the answers thereto, together with decision, pursuant to section 509.11, such further time as the presiding officer for all objections made (but not including applications or requests shall be ad­ good cause shall determine, to file with the presiding officer proposed findings of argument or debate) shall be, recorded dressed to and filed with him. At all fact and conclusions of law, which may by the person taking the deposition, or other times motions shall be addressed be accompanied by a brief or memo­ under his direction. The deposition to the Board and filed with the Secretary. randum in support thereof. All such shall be subscribed by the witness, unless Motions shall be in writing, except that proposals, briefs and memoranda shall the parties by stipulation waived the a motion made at a session of a hearing become a part of the record. signing or the witness is ill or cannot may be made orally upon the record un­ (b) Recommended decision and filing be found or refused to sign, and certified less the presiding officer directs that it be of record. The presiding officer shall, as a true and complete transcript there­ reduced to writing. All written motions within 30 days after the expiration of of by the person taking the deposition. shall state with particularity the order the time allowed for the filing of pro­ If the deposition is not subscribed to by or relief sought and the grounds therefor. posed findings and conclusions, or within the witness, such person shall state on (b) Objections. Within 5 days after such further time as the Board for good the record this fact and the reason there­ service of any written motion, or within cause shall determine, file with the Sec­ for. Such person shall promptly send such other period of time as may be fixed retary and certify to the Board for deci­ the original and two copies of such dep­ by the presiding officer or the Board, any sion the entire record of the hearing, osition, together with the original and party may file a written answer or ob­ which shall include his recommended de­ two copies of all exhibits, by registered jection to such motion. The moving cision and findings of fact and conclu­ mail to the Secretary unless otherwise party shall have no right to reply, except sions of law, the transcript, exhibits directed in the order authorizing the as permitted by the presiding officer or (including on request of any of the taking of the deposition. Interested the Board. As a matter of discretion, parties any exhibits excluded from parties shall make their own arrange­ the presiding officer or the Board may evidence or tenders of proof), exceptions, ments with the person taking the dep­ waive the requirements of this section rulings, and all briefs and memoranda osition for copies of the testimony and as to motions for extensions of time, and filed in connection with the hearing. the exhibits. may rule upon such motions ex parte. Promptly upon such filing the Secretary (d) Introduction as evidence. Sub­ (c) Oral argument. No oral argu­ shall serve upon each party to the pro­ ject to appropriate rulings on such ob­ ment will be heard on motions except ceeding a copy of the presiding officer’s jections and answers as were noted at as otherwise directed by the presiding recommended decision, and findings and the time the deposition was taken or as officer or the Board. Written memo­ conclusions. The provisions of this sec­ would be valid were the witness person­ randa or briefs may be filed with mo­ tion and § 509.12 shall not apply, how­ ally present and testifying, the deposi­ tions or answers or objections thereto, ever, in any case where the hearing was tion or any part thereof may be read in stating the points and authorities relied held before the Board. evidence by any party to the proceed­ upon in support of the position taken. ings. Only such part or the whole of a (d) Rulings on motions. Except as § 509.12 Exceptions. deposition as is received in evidence at otherwise provided in this part, the pre­ (a) Filing. Within 15 days after serv­ a hearing shall constitute a part of the siding officer shall rule upon all motions ice of the recommended decision and record in such proceedings upon which properly addressed to him and upon Such findings and conclusions of the presiding a decision may be based. other motions as the Board may direct, officer, or such further time as the Board (e) Payment of fees. The fees of the except that if the presiding officer finds for good cause shall determine, any party person taking a deposition, and the fees that a prompt decision by the Board on may file with the Secretary exceptions of the reporter, shall be paid by the per­ a motion is essential to the proper con­ thereto or any part thereof, or to the son upon whose application the deposi­ duct of the proceeding, he may refer failure of the presiding officer to make tion was taken. such motion to the Board for decision. any recommendation, finding, or conclu­ The Board shall rule upon all motions § 509.9 Rules o f evidence. sion, or to the admission or exclusion of properly submitted to it for decision. evidence, or other ruling of the presiding . (a) Evidence. Every party to a hear­ (e) Appeal from rulings

FEDERAL REGISTER, VOL. 32, NO. 26— WEDNESDAY, FEBRUARY 8, 1967 2654 PROPOSED RULE MAKING

§ 509.13 Briefs. upon any party afforded a hearing § 509.21 Documents in proceedings con­ (a) Contents. All briefs shall be con­ shall be served by the Secretary unless fidential. fined to the particular matters in issue. some other person shall be designated Unless otherwise ordered by the Board Each exception or proposed finding or for such purpose by the Board. Such or required by law, the entire record in conclusion which is briefed shall be sup­ service, except for service on counsel for any proceeding under this part, includ­ ported by a concise argument and by the Board, shall be made by personal ing the transcript, exhibits, proposed citation of such statute, decisions, and service or by registered mail, addressed findings and conclusions, recommended other authorities, and by page references to the last known address as shown on decision of the presiding officer, excep­ to such portions of the record, as may be the records of the Board, on the attorney tions thereto, the decision and order of relevant. If the exception relates to the or representative of record of such party: the Board, and any other papers which admission or exclusion of evidence, the Provided, That if there is no attorney or are filed in connection with the proceed­ substance of the evidence admitted or representative of record, such service ing shall not be made public, and shall excluded shall be set forth in the brief shall be made upon such party at the last be for the confidential use only of the with appropriate references to the tran­ known address as shown on the records Board and its staff, the presiding officer, script. of the Board. Such service may also be and the parties, i (b) Reply "briefs. Reply briefs may be made in such other manner reasonably calculated to give actual notice as the § 509.22 Formal requirements as to filed with the Secretary within 10 days papers filed. after service of original briefs of opposing Board may by regulation or otherwise parties, and shall be confined to matters provide. (a) Form. All papers filed under this in such briefs. Further briefs may be (b) By the parties. Except as other­part shall be printed, typewritten, or filed only with permission of the Board. wise expressly provided in this part, all otherwise reproduced. All copies shall be (c) Delayed filing. Briefs not filed on documents or papers filed in a proceed­ clear and legible. or before the time fixed in this part, will, ing under this part shall be served by the (b) Signature. The original of all pa­ be received only upon special permission party filing the same upon the attorneys pers filed by an institution shall be signed of the Board. or representatives of record of all other by an officer thereof, and if filed by an­ parties to the proceeding, or, if any party other party, shall be signed by the party, § 509.14 Oral argument before the is not so represented, then upon such or by the duly authorized agent or attor­ Board. party. Such service may be made by ney of the institution or other party, and Upon its own initiative, or upon the personal service or by registered, certi­ must show the address of the signer. written request of any party made within fied, or regular first-class mail addressed Counsel for the Board shall sign the orig­ the time prescribed for the filing of ex­ to last known address of such parties, or inal of all papers filed by him. ceptions, a brief in support thereof, or a their attorneys or representatives of rec­ (c) Caption. All papers filed must in­ reply brief, if any, for oral argument on ord. A ll such documents or papers shall, clude at the head thereof, or on the title the findings, conclusions and recom­ when tendered to the Board or the pre­ page, the name of the Board, the name mended decision of the hearing exam­ siding officer for filing, show that such of the institution or other party afforded iner, the Board may, if it considers that service has been made. the hearing, the number of the resolu­ justice would best be served, order the tion giving notice of the hearing, and § 509.19 Copies. matter to be set down for oral argument the subject matter of the particular before the Board or one or more members Unless otherwise specifically provided paper. thereof. Oral argument before the in the notice of hearing, an original and Resolved further that all interested Board shall be recorded unless otherwise seven copies of all documents and papers persons are hereby given the opportu­ ordered by the Board. required or permitted to be filed with or nity to submit written data, views, or ar­ served upon the Secretary under this guments on the following subjects and § 509.15 Notice of submission to the issues; (1) Whether said proposed Board. part, except the transcript of testimony and exhibits, shall be furnished to the amendment should be adopted as pro­ Upon the filing of the record with the Secretary. posed; (2) whether said proposed Secretary, and upon the expiration of the amendment should be modified and time for the filing of exceptions and all § 509.20 Computing time. adopted as modified; (3) whether said briefs, including reply briefs or any fur­ proposed amendment should be rejected. (a ) General rule. In computing any ther briefs permitted by the Board, and A ll such written data, views, or argu­ period of time prescribed or allowed by upon the hearing of oral argument by ments must be received through the mail this part, the date of the act, event or the Board, if ordered by the Board, the or otherwise at the Office of the Secre­ default from which the designated period Secretary shall notify the parties in writ­ tary, Federal Home Loan Bank Board, of time begins to run is not to be included. ing that the case has been submitted to Federal Home Loan Bank Board Build­ The last day so computed is to be in­ the Board for final decision. ing, 101 Indiana Avenue NW., Washing­ cluded, unless it is a Saturday, Sunday, or ton, D.C. 20552, not later than March 6, § 509.16 Decision of the Board. legal holiday in the District of Colum­ 1967, to be entitled to be considered, but Copies o f the decision and order of the bia, in which event the period shall run any received later may be considered in Board shall be served by the Secretary until the end of the next day which is the discretion of the Federal Home Loan upon each party to the proceeding, and, neither a Saturday, Sunday, nor legal Bank Board. if directed by the Board or required by holiday. Intermediate Saturdays, Sun­ By the Federal Home Loan Bank Board. statute, upon any appropriate State days, and legal holidays shall be included supervisory authority. in the computation unless the time with­ [seal] Grenville L. Millard, Jr., | in which the act is to be performed is 10 Assistant Secretary. § 509.17 Filing papers. days or less in which event Saturdays, [F.R. Doc. 67-1467; Filed, Feb. 7, 1967: All material required to be filed with Sundays, and legal holidays shall not be 8:45 a.m.] the Board or the Secretary in any pro­ included. Half holidays shall be consid­ ered as other days and not as holidays. ceedings shall be filed with the Secretary, M 2 CFR Parts 547, 548, 549, 550, Federal Home Loan Bank Board, Wash­ (b ) Service by mail. Whenever any ington, D.C. 20552. Any such papers may party has the right or is required to do 551 1 be sent to the Secretary by mail or ex­ some act or take some proceeding, within [No. 20,435] press but must be received by the Secre­ a period of time prescribed in this part, tary in the office of the Board in Wash­ FEDERAL SAVINGS AND LOAN after the service upon him of any docu­ SYSTEM ington, D.C., or be postmarked, within ment or other paper of any kind, and the time limit for the particular filing. such service is made by mail, 3 days Notice of Proposed Rule M aking § 509.18 Service. shall be added to the prescribed period February 2, 1967. (a ) By the Board. All documents orfrom the date when the matter served is Proposed amendments relating to ap­ papers required to be served by the Board deposited in the United States mail. pointment and powers of conservator

FEDERAL REGISTER, VOL. 32, NO. 26— WEDNESDAY, FEBRUARY 8, 1967 PROPOSED RULE MAKING 2655

and receiver; conduct of conservator- § 547.3 Appointment on other grounds. them. Such members, officers, or direc­ ships and receiverships; cease-and-de­ The Board may, without any require­ tors, or any of them, shall not thereafter sist, suspension and removal orders; ment of notice, hearing, or other action, except as hereinafter expressly provided, service of process. appoint a conservator or receiver for a have or exercise any such rights, powers Resolved that, pursuant to Part 508 Federal association in the event that (a) or privileges, or act in connection with of the general regulations of the Federal the association, by resolution of its board any assets or property of any nature of Home Loan Bank Board (12 CFR Part of directors or of its members, consents the association : Provided, however, That 508) and § 542.1 of the rules and regu­ to such appointment, or (b) the asso­ any officer, director or member of such lations for the Federal Savings and Loan ciation is removed from membership in association shall have the right from time System (12 CFR 542.1), it is hereby pro­ any Federal Home Loan Bank or its to time to communicate with the Board posed that the rules and regulations for status as an institution the accounts of with respect to such conservatorship or the Federal Savings and Loan System which are insured by the Federal Sav­ receivership. Such conservator or re­ (12 CFR Ch. V, Subchapter C) be ings and Loan Insurance Corporation ceiver shall furnish bond in form and amended by amendments the substance is terminated.' amount and with surety acceptable to of which are as follows: the Director. The Board may, at any 1. Revise Part 547 of Subchapter C,§ 547.4 Notice o f appointment. time, direct the conservator or receiver aforesaid, to read as follows: In the event that the Board appoints to return the Federal association to its previous or a newly constituted manage­ pART 547— APPOINTMENT OF CON­ a conservator or receiver for a Federal association, the Secretary to the Board ment; may provide for a meeting or SERVATORS AND RECEIVERS shall mail a certified copy of such ac­ meetings of the members for any pur­ i Sec. tion of the Board to the address of the pose, including, without any limitation 1547.1 Grounds for appointment of conser­ association as it shall appear on the on the generality of the foregoing, the vator or receiver. records of the Board. Notice of appoint­ election of directors or an increase in the 547.2 Appointment of conservator or re­ ment of a conservator or receiver shall number of directors, or both, or the elec­ ceiver. be filed forthwith for publication in the tion of an entire new board of directors; i 547.3 Appointment on other grounds. and may provide for a meeting or meet­ 547.4 Notice of appointment. F ederal R eg ister . 547.5 Action for removal of conservator or ings of the directors for any purpose, in­ § 547.5 Action for removal o f conserva­ cluding, without any limitation on the receiver. tor or receiver. : 547.6 Federal Savings and Loan Insurance generality of the foregoing, the filling Corporation as receiver. Whenever a conservator or receiver of vacancies on the board of directors, ¡547.7 Possession by conservator or receiver. for a Federal association is appointed the removal of officers, and the election ; 547.8 Surrender of possession by conserva­ pursuant to § 547.2, the association'may, of new officers, or for any of such pur­ tor or receiver. within 30 days thereafter, bring an ac­ poses. Any such meeting o f members or i Au t h o r it y : The provisions of this Part 547 tion in the U.S. district court for the of directors may, as provided by the issued under sec. 5, 48 Stat. 132, as amended; judicial district in which the home of­ Board, be supervised or conducted by a 12 U.S.C. 1464, Reorg. Plan No. 3 of 1947, 12 fice of such association is located, or in representative of the Board. The Board F.R. 4981, 3 CFR, 1947 Supp. the U.S. District Court for the District may, without any requirement of notice, ! § 547.1 Grounds for appointment of of Columbia, for an order requiring the hearing, or other action, replace a con­ conservator or receiver. Board to remove such conservator or servator with another conservator or receiver. with a receiver. The term “Director”, as | The grounds for the appointment of used in this subchapter means the Direc­ a conservator or receiver for a Federal § 547.6 Federal Savings and Loan Insur­ tor or any Deputy Director of the Office ance Corporation as receiver. association shall consist of any one or of Examinations and Supervision of the more of the following: The Board shall appoint only the Fed­ Board. I (a) Insolvency of the Federal associa­ eral Savings and Loan Insurance Cor­ tion, in that its assets are less than its poration as receiver for a Federal asso­ § 547.8 Surrender o f possession by con­ obligations, to its creditors and others, ciation and such appointment shall be servator or receiver. including its members; for the purpose of liquidation. I (b) Substantial dissipation of assets (a) To the association. In the event [ or earnings due to any violation or vio- § 547.7 Possession by conservator or re­ the Board shall restore a Federal asso­ [ lations of law, rules, or regulations, or to ceiver. ciation which is in the hands of a con­ | any unsafe or unnsound practice or servator or receiver to its management, I practices; A conservator or receiver shall take such action, except as the Board may | (c) The association is in an unsafe possession o f the Federal association for otherwise provide, shall restore the or unsound condition to transact busi­ which he or it has been so appointed in rights, powers and privileges of its mem­ ness; accordance with the terms of such ap­ bers, officers, and directors, all as of the I (d) Willful violation of a cease-and- pointment and, at the time he shall time o f such restoration of the associa­ desist order which has become final, demand possession, notify the officer or tion to its management unless another as that term is defined in subsection (d) employee of the association, if any, who time or times for the restoration of such of section 5 of the Home Owners’ Loan shall be in the home office of the associa­ powers, rights, and privileges shall be [Act of 1933, as amended; tion and appears to be in charge of such specified by the Board. The* return of (e) The concealment of books, papers,office, of the action of the Board. Imme­ a Federal association to its management records, or assets of the association or diately upon taking possession of such from the possession of a receiver shall, refusal to submit books, papers, or a f­ Federal association, such conservator or by operation of law and without any fairs of the association for inspection to receiver shall forthwith take possession conveyance or other instrument, act, or any examiner or to any lawful agent of of the books, records and assets of every deed, revest in such Federal association [ the Board. description of such association and (a) the title to all property held by the re­ a conservator shall have all the powers ceiver in its capacity as receiver for such | § 547.2 Appointment o f conservator or of its members, its officers and directors, association. receiver. or any of them, and (b) a receiver, by (b) To a receiver. In the event a I if. in the opinion of the Board, a operation of law and without any con­ conservator is in possession of a Federal ground exists for the appointment of a veyance or other instrument,' act or deed association at the time of appointment conservator or receiver for a Federal shall succeed to all the rights, titles, of a receiver for such association, such powers and privileges of the Federal ; association as set forth in § 547.1,- the conservator shall, as may be required by Board may appoint ex parte and without association and shall succeed to the the Board, surrender possession of such notice a conservator or receiver for the rights, powers and privileges of its mem­ association. bers, its officers and directors, or any of association to such receiver.

FEDERAL REGISTER, VOL. 32, NO. 26— WEDNESDAY, FEBRUARY 8, T967 No. 26—Pt. 2656 PROPOSED RULE MAKING

PART 548— POWERS OF CONSERVA­ may be required by the Board or the to the Board, one copy shall be retained TOR AND CONDUCT OF CONSER­ Director. by the Federal Savings and Loan Insur­ VATORSHIPS ance Corporation, and one copy shall be PART 549— POWERS OF RECEIVER retained in the principal office for the 2. Amend Part 548 of Subchapter C, AND CONDUCT OF RECEIVERSHIPS liquidation of the association, so long as aforesaid by revising the introductory such is maintained. text and paragraphs (b) and (c) of 3. Amend Part 549 of Subchapter C, § 548.1, the introductory text of § 548.2 aforesaid, by revoking § 549.2 and by re­ and the section heading and paragraphs vising the introductory text and para­ 4. Amend Subchapter C, aforesaid, by (b) and (c) of § 548.5 to read as follows: graph (c) of § 549.1, paragraph (a) of adding, immediately after Part 549, a new part, Part 550, to read as follows: §548.1 Procedure upon taking posses­ § 549.3 and the section heading and para­ sion. graphs (b) and

FEDERAL REGISTER, VOL. 32, NO. 26— WEDNESDAY, FEBRUARY 8, 1967 PROPOSED RULE MAKING 2657 if upon the record made at any such which has become final (as defined in (c) Issuance of order of removal hearing the Board finds that any viola­ subsection (d) of section 5 of the Home and/or prohibition. Unless such direc­ tion or unsafe or unsound practice Owners’ Loan Act of 1933, as amended), tor, officer, or other person appears at specified in the notice of charges has or has engaged or participated in any un­ the hearing in person or by a duly au­ been established, the Board may issue safe or unsound practice in connection thorized representative, he shall be and serve upon the association an order with the association, or has committed or deemed to have consented to the issu­ to cease and desist from any such viola­ engaged in any act, omission, or practice ance of an order of removal and/or pro­ tion or practice. Such order may, by which constitutes a breach of his fidu­ hibition. In the event of consent, or if provisions which may be mandatory or ciary duty as such director or officer, and upon the record made at any such hear­ otherwise, require the association and its the Board determines that the associa­ ing the Board finds that any of the directors, officers, employees, and agents tion has suffered or will probably suffer grounds specified in such notice has been to cease and desist from the same, and, substantial financial loss or other dam­ established, the Board may issue such further, to take affirmative action to age or that the interests of its savings orders or suspension or removal from correct the conditions resulting from any account holders could be seriously prej­ office, and/or prohibition from partici­ such violation or practice. udiced by reason of such violation or pation in the conduct of the affairs of (d) Effectiveness of order. A cease- practice or breach of fiduciary duty, and the association, as it may deem appro­ and-desist order shall become effective that such violation or practice or breach priate. at the expiration of 30 days after the of fiduciary duty is one involving per­ (d) Effectiveness of order. An order service of such order upon the association sonal dishonesty on the part of such di­ of suspension or removal from office, concerned (except in the case of a cease- rector or officer, the Board may serve and/or prohibition from participation in and-desist order issued upon consent, upon such director or officer a written no­ the conduct of the affairs of an associa­ which shall become effective at the time tice of its intention to remove him from tion, issued pursuant to paragraph, (c) specified therein), and shall remain office. of this section, shall become effective at effective and enforceable as provided (2) Whenever, in the opinion of the the expiration of 30 days after service therein, except to such extent as it is Board—« upon the association and the director, stayed, modified, terminated, or set aside (i) Any director or officer of a Fed­ officer' or other person concerned (ex­ by action of the Board, or by a reviewing eral association, by conduct or practice cept in the case of an order issued upon court in proceedings under subparagraph with respect to another savings and loan consent, which shall become effective at (B) of paragraph (7) of subsection (d) association or other business institu­ the time specified therein). Such order of section 5 of the Home Owners’ Loan tion which resulted in substantial finan­ shall remain effective and enforceable Act of 1933, as amended. cial loss or other damage, has evidenced except to such extent as it is stayed, § 550.2 Temporary cease-and-desist or­ his personal dishonesty and unfitness modified, terminated, or set aside by ac­ ders. to continue as a director or officer, or tion of the Board, or by a reviewing (ii) Any other person participating in court in proceedings under subparagraph (a) Issuance. Whenever the Board the conduct of the affairs of a Federal (B) of paragraph (7) of subsection (d) determines that the violation or threat­ association, by conduct or practice with of section 5 of the Home Owners’ Loan ened violation or the unsafe or unsound respect to such association or other sav­ Act of 1933, as amended. practice or practices, specified in the ings and loan association or other busi­ notice of charges served upon an associa­ § 550.4 Temporary suspension and/or ness institution which resulted in sub­ prohibition. tion under paragraph (a) of § 550.1, or stantial financial loss or other damage, the continuation thereof, is likely to has evidenced his personal dishonesty (a ) Issuance of notice. In respect to cause insolvency (as defined in subpara­ and unfitness to participate in the con­ any director or officer of a Federal asso­ graph (A) of paragraph (6) of subsection duct of the affairs of such association, ciation, or any other person who is (d) of section 5 of the Home Owners’ served with a notice provided for in para­ Loan Act of 1933, as amended) or sub­ the Board may serve upon such director, graph (a) of § 550.3, the Board may, if stantial dissipation of assets or earnings officer, or other person a written notice it deems it necessary for the protection of the association, or is likely to otherwise of its intention to remove him from office of the association or the interests of its seriously prejudice the interest of its and/or to prohibit his further participa­ savings account holders, by written no­ savings account holders, the Board may tion in any manner in the conduct of the tice to such effect served upon such di­ issue a temporary order requiring the affairs of such association. rector, officer, or other person, suspend association to cease and desist from any (b) Notice of intention to remove fromhim from office and/or prohibit him such violation or practice. office and/or to prohibit further partic­ from further participation in any man­ (b) Effectiveness of temporary order. ipation in conduct of affairs; hearing. ner in the conduct of the affairs of the A temporary order shall become effective The notice of intention to remove a di­ association. Copies of any such notice upon service upon the association and, rector, officer, or other person from of­ shall also be served upon the association unless set aside, limited, or suspended fice and/or to prohibit his further par­ of which he is a director or officer or in by a court in proceedings authorized by ticipation in any manner in the conduct the conduct of whose affairs he has subparagraph (B) of paragraph (3) of of the affairs of the association, shall participated. subsection (d ) of section 5 of the Home contain a statement of the facts consti­ (b) Effectiveness of notice. Any sus­ Owners’ Loan Act of 1933, as amended, tuting grounds therefor and shall fix a pension from office and/or prohibition shall remain effective and enforceable time and place at which a hearing will from participation in the conduct of the pending the completion of the adminis­ be held thereon. The hearing shall be "affairs of an association, pursuant to a trative proceedings held pursuant to the fixed for a date not earlier than 30 days notice served under paragraph (a) of notice of charges and until such time as nor later than 60 days after service of this section, shall become effective upon the Board shall dismiss the charges such notice, unless an earlier or a later service o f such notice and, unless stayed specified in such notice or, if a cease-and- date is set by the Board at the request by a court in proceedings authorized by desist order is issued against the associa­ of (1) such director, officer, or other subparagraph (E) of paragraph (4) of tion, until the effective date of any such person, and for good cause shown, or (2) subsection (d) of section 5 of the Home order. the Attorney General of the United Owners’ Loan Act of 1933, as amended, States. Unless such director, officer, or shall remain in effect pending the com­ §550.3 Removal from office and/or pro­ other person consents to another place, pletion of the administrative proceed­ hibition from participation in con­ such hearing shall be held in the Federal duct o f affairs o f a Federal associa­ ings held pursuant to the notice served tion. judicial district or in the territory (as under paragraph (b) of § 550.3 and until defined in subsection (d) of section 5 of such time as the Board shall d is m iss (a) Grounds. (1) Whenever, in the the Home Owners’ Loan Act of 1933, as the charges specified in such notice, opinion of the Board, any director or o f­ ^amended) in which the home office of the or, if an order of removal and/or pro­ ficer of a Federal association has com­ association involved is located. Such hibition is issued against the director, mitted any violation of law, rule, or regu­ hearing shall be conducted in the man­ officer, or other person, until the effec­ lation, or o f a cease-and-desist order ner provided in Part 509 of this chapter. tive date of any such order.

FEDERAL REGISTER, VOL. 32, NO. 26— WEDNESDAY, FEBRUARY 8, 1967 2658 PROPOSED RULE MAKING

§ 550.5 Suspension and removal where PART 551— SERVICE OF PROCESS PART 566— CEASE-AND-DESIST AND felony charged. UPON BOARD SU SPEN SIO N AND REMOVAL (a ) Suspension and/or temporary 5. Amend Part 551 of Subchapter C, ORDERS prohibition. Whenever any director or aforesaid, by revising § 551.1 to read as Sec. officer of a Federal association, or other follows: 566.1 Cease-and-desist orders. person participating in the conduct of 566.2 Temporary cease-and-desist orders. the affairs of such association, is charged § 551.1 Service o f process. _ 566.3 Removal from office and/or prohibi­ in any information, indictment, or com­ Service of process may be made upon tion from participation in conduct plaint authorized by a U.S. Attorney, the Board by delivering a copy of the of affairs of an insured institution. 566.4 Temporary suspension and/or pro­ with the commission of or participation summons and of the complaint to the in a felony involving dishonesty or hibition. U.S. Attorney for the district in which 566.5 Suspension and removal where felony breach of trust, the Board may, by writ­ the action is brought or to an Assistant charged. ten notice served upon such director, U.S. Attorney or clerical employee desig­ 566.6 Notice to State authorities. officer, or other person, suspend him from nated by the U.S. Attorney in a writing 566.7 Service. office and/or prohibit him from further filed with the clerk of the court, and by A u t h o r it y : The provisions of this Part participation in any manner in the con­ sending copies o f the summons and of 566 issued under secs. 402, 407, 48 State. 1256, duct of the affairs of the association. A the complaint by registered or certified 1257, as amended; 12 U.S.C. 1725, 1730. copy of such notice shall also be served mail to the Attorney General of the Reorg. Plan No. 3 of 1947, 12 F.R. 4981, 3 upon the association. Such suspension United States, Washington, D.C., and to CFR, 1947 Supp. and/or prohibition shall remain in effect the Secretary to the Federal Home Loan § 566.1 Cease-and-desist orders. until such information, indictment, or Bank Board, Washington, D.C. complaint is finally disposed of or until (a) Grounds. If, in the opinion of terminated by the Board. (Sec. 5, 48 Stat. 132, as amended; 12 US.C. the Corporation, any insured institu­ 1464. Reorg. Plan No. 3 of 1947,12 F.R. 4981, tion or any institution any of the ac­ (b) Removal and/or permanent pro­ 3 CFR, 1947 Supp.) hibition. In the event that a judgment counts of which are insured is engaging of conviction with respect to such offense Resolved further that all interested or has engaged, or the Corporation has is entered against such director, officer, persons are hereby given the opportunity reasonable cause to believe that the in­ or other person, and at such time as such to submit written data, views, or argu­ stitution is about to engage, in an unsafe judgment is not subject to further ap­ ments on the following subjects and or unsound practice in conducting the pellate review, the Board may issue and issues: (1) Whether said proposed business o f such institution, or is violat­ serve upon such director, officer, or other amendment should be adopted as pro­ ing or has violated, or the Corporation person an order removing him from posed; (2) whether said proposed amend­ has reasonable cause to believe that the office and/or prohibiting him from fur­ ment should be modified and adopted as institution is about to violate, a law, rule, ther participation in any manner in the modified; (3) whether said proposed or regulation, or any condition imposed conduct of the affairs of the association amendment should be rejected. A ll such in writing by the Corporation in connec­ except with the consent of the Board. written data, views, or arguments must tion with the granting of any application A copy of such order shall also be served be received through the mail or other­ or other request by the institution, or upon such association, whereupon such wise at the Office of the Secretary, Fed­ written agreement entered into with the director or officer shall cease to be a di­ eral Home Loan Bank Board, Federal Corporation, including any agreement rector or officer of the association. A Home Loan Bank Board Building, 101 entered into under section 403 of the finding of not guilty or other disposition Indiana Avenue NW., Washington, D.C. National Housing Act, the Corporation of the charge shall not preclude the 20552, not later than March 6,1967, to be may issue and serve upon the institution Board from thereafter instituting pro­ entitled to be considered, but any re­ a notice of charges in respect thereof. ceedings to remove such director, officer, ceived later may be considered in the (b) Notice of charges; hearing. The or other person from office and/or to discretion of the Federal Home Loan notice of charges shall contain a state­ prohibit further participation in the Bank Board. ment of the facts constituting the al­ conduct of association affairs, pursuant leged violation or violations or the unsafe to the provisions of § 550.3. By the Federal Home Loan Bank or unsound practice or practices, and Board.. shall fix a time and place at which a § 550.6 Temporary appointment of di­ hearing will be held to determine whether rectors. [ s e a l] G r e n v il l e L. M illa r d , Jr., an order to cease and desist therefrom Assistant Secretary. should issue against the institution. 'The I f at any time, because of the suspen­ hearing shall be fixed for a date not sion of one or more directors pursuant to [F.R. Doc. 67-1468: Filed, Feb. 7, 1967; earlier than 30 days nor later than 60 the provisions of this part, there shall 8:45 a.m.] days after service of such notice unless be on the board of directors of an asso­ an earlier or a later date is set by the ciation less than a quorum of directors Corporation at the request of the institu­ not so suspended, all powers and func­ [1 2 CFR Part 566 1 tion. Unless the institution consents to tions vested in or exercisable by such [No. FSLIC—3,002] another place, such hearing shall be held board shall vest in and be exercisable by in the Federal judicial district or in the the director or directors on the board and FEDERAL SAVINGS AND LOAN territory (as defined in paragraph (1) not so suspended, until such time as there INSURANCE CORPORATION (C) of subsection (q) of section 407 of shall be a quorum of the board of direc­ Proposed Amendment Relating to the National Housing Act, as amended) tors. In the event all of the directors of in which the principal office of the in­ an association are so suspended, the Cease-and-Desist and Suspension stitution is located. Such hearing shall Board shall appoint persons to serve and Removal Orders be conducted in the manner provided in temporarily as directors in their place Part 509 of this chapter. and stead pending the termination of F e b r u a r y 2, 1967. (c) Issuance of cease-and-desist or­ such suspensions, or until such time as Resolved that, pursuant to Part 508 der. Unless the institution appears at those who have been suspended cease to of the general regulations of the Federal the hearing by a duly authorized repre­ be directors of the association and their Home Loan Bank Board (12 CFR Part sentative, it shall be deemed to have con­ respective successors take office. 508) and § 567.1 of the rules and regu­ sented to the issuance of a cease-and- § 550.7 Service. lations for Insurance of Accounts (12 desist order. In the event of consent, or CFR 567.1) it is hereby proposed that if upon the record made at any such Any service required or authorized to the rules and regulations for Insurance hearing the Corporation finds that any be made by the Board under the pro­ of Accounts (12 CFR, Ch. V, Subchapter violation or unsafe or unsound practice visions of this part shall be made as D) be amended by the addition of a new specified in the notice of charges has provided in Part 509 of this chapter. part, Part 566, to read as follows: been established, the Corporation may

FEDERAL REGISTER, VOL. 32, NO. 26— WEDNESDAY, FEBRUARY 8, 1967 PROPOSED RULE MAKING 2659 issue and serve upon the institution an tion, or has committed or engaged in hearing in person or by a duly authorized order to cease and desist from any such any act, omission, or practice which con­ representative, he shall be deemed to violation or practice. Such order may, stitutes a breach of his fiduciary duty have consented to the issuance of an or­ by provisions which may be mandatory as such director or officer, and the Cor­ der of removal and/or prohibition. In or otherwise, require the institution and poration determines that the institution the event of consent, or if upon the rec­ its directors, officers, employees, and has suffered or will probably suffer sub­ ord made at any such hearing the Cor­ agents to cease and desist from the same, stantial financial loss or other damage poration finds that any of the grounds and, further, to take affirmative action or that the interests of its insured mem­ specified in such notice has been estab­ to correct the conditions resulting from bers could be seriously prejudiced by lished, the Corporation may issue such any such violation or practice. reason of such violation or practice or orders of suspension or removal from (d) Effectiveness of order. A cease- breach of fiduciary duty, and that such office, and/or prohibition from partici­ and-desist order shall become effective violation or practice or breach of fiduci­ pation in the conduct of the affairs of the at the expiration of 30 days after the ary duty is one involving personal dis­ institution, as it may deem appropriate. service of such order upon the institu­ honesty on the part of such director or (d ) Effectiveness of order. An order tion concerned (except in the case of a officer, the Corporation may serve upon of suspension or removal from office, cease-and-desist order issued upon con­ such director or officer a written notice and/or prohibition from participation in sent, which shall become effective at the of its intention to remove him from the conduct of the affairs of an institu­ time specified therein), and shall remain office. tion, issued pursuant to paragraph (c) of effective and enforceable as provided (2) Whenever, in the opinion of the this section, shall become effective at the therein, except to such extent as it is Corporation— expiration of 30 days after service upon stayed, modified, terminated, or set aside (i) Any director or officer of an in­ the institution and the director, officer, by action of the Corporation, or by a re­ sured institution, by conduct or prac­ or other person concerned (except in the viewing court in proceedings under para­ tice with respect to another insured in­ case of an order issued upon consent, graph (2) of subsection (j) of section 407 stitution or other business institution which shall become effective at the time of the National Housing Act, as amended. which resulted in substantial financial specified therein). Such order shall re­ loss or other damage, has evidenced his main effective and enforceable except to § 566.2 Temporary cease-and-desist or­ personal dishonesty and unfitness to such extent as it is stayed, modified, ter­ ders. continue as a director or officer, or minated, or set aside by action of the (ii) Any other person participating in Corporation, or by a reviewing court in (a) Issuance. Whenever the Corpo­ the conduct of the affairs of an insured proceedings under paragraph (2) of sub­ ration determines that the violation or institution, by conduct or practice with section (j ) of section 407 of the National threatened violation or the unsafe or un­ respect to such institution or other in­ Housing Act, as amended. sound practice or practices, specified in sured institution or other business in­ the notice of charges served upon an in­ § 566.4 Temporary suspension and/or stitution which resulted in substantial stitution under paragraph (a) of § 566.1, prohibition. financial loss or other damage, has evi­ or the continuation thereof, is likely to (a ) Issuance of notice. In respect to denced his personal dishonesty and un­ cause insolvency (as defined in para­ any director or officer of an insured insti­ fitness to participate in the conduct of graph (2) of subsection (q) of section 407 tution, or any other person who is served the affairs of such insured institution, of the National Housing Act, as amended) with a notice provided for in paragraph or substantial dissipation of assets or the Corporation may serve upon such (a) of § 566.3, the Corporation may, if it earnings of the institution, or is likely director, officer, or other person a writ­ deems it necessary for the protection of to otherwise seriously prejudice the in­ ten notice of its intention to remove him the institution or the interests of its in­ terest of its insured members or of the from office and/or to prohibit his fur­ sured members or of the Corporation, by Corporation, the Corporation may issue a ther participation in any manner in the written notice to such effect served upon temporary order requiring the institu­ conduct of the affairs of such institu­ such director, officer, or other person, tion to cease and desist from any such tion. suspend him from office and/or prohibit violation or practice. (b) Notice of intention to remove him from further participation in any (b) Effectiveness of temporary or­ from office and/or to prohibit further manner in the conduct of the affairs of der. A temporary order shall become participation in conduct of affairs; hear­ the institution. Copies of any such no­ effective upon service upon the institu­ ing.| The notice of intention to remove tice shall also be served upon the insti­ tion and, unless set aside, limited, or a director, officer, or other person from tution of which he is a director or officer suspended by a court in proceedings au­ office and/or to prohibit his further par­ or in the conduct of whose affairs he has thorized by paragraph (2) of subsection ticipation in any manner in the conduct participated. (f) of section 407 of the National Hous­ of the affairs of the institution, shall con­ (b ) Effectiveness of notice. Any sus­ ing Act, as amended, shall remain e f­ tain a statement of the facts constituting pension from office and/or prohibition fective and enforceable pending the grounds therefor and shall fix a time and from participation in the conduct of the completion of the administrative pro­ place at which a hearing shall be held affairs of an institution, pursuant to a ceedings held pursuant to the noticè thereon. The hearing shall be fixed for notice served under paragraph (a) of this of charges and until such time as the a date not earlier than 30 days nor later section, shall become effective upon serv­ Corporation shall dismiss the charges than 60 days after service of such notice, ice of such notice and, unless stayed by specified in such notice or, if a cease- unless an earlier or later date is set by a court in proceedings authorized by and-desist order is issued against the the Corporation at the request of (1) paragraph (5) of subsection (g) of sec­ institution, until the effective date of such director, officer, or other person, and tion 407 of the National Housing Act, as any such order. for good cause shown, or (2) the Attor­ amended, shall remain in effect pending ney General of the United States. Un­ the completion of the administrative § 566.3 Removal from office and/or less such director, officer, or other person proceedings held pursuant to the notice prohibition- from participation in consents to another place, such hearing served under paragraph (b) of § 566.3 conduct o f affairs o f an insured in­ shall be held in the Federal judicial dis­ and until such time as the Corporation stitution. trict or in the territory (as defined in shall dismiss the charges specified in such (a) Grounds. (1) Whenever, in the paragraph (1) (C) of subsection (q) of notice, or, if an order of removal and/or opinion of the Corporation, any director section 407 of the National Housing Act, prohibition is issued against the director, or officer of an insured institution has as amended) in which the principal office officer, or other person, until the effective committed any violation of law, rule, or of the institution involved is located. date of any such order. Such hearing shall be conducted in the regulation, or of a cease-and-desist or­ § 566.5 Suspension and removal where der which has become final (as defined manner provided in Part 509 of this felony charged. in section 407 of the National Housing chapter. Act, as amended), or has engaged or (c) Issuance of order of removal and/ (a) Suspension and/or temporary ‘pro­ participated in any unsafe or unsound or prohibition. Unless such director, hibition. Whenever any director or of­ practice in connection with the institu­ officer, or other person appears at the ficer of an insured institution, or other

FEDERAL REGISTER, VOL. 32, NO. 26— WEDNESDAY, FEBRUARY 8, 1967 2660 PROPOSED RULE MAKING person participating in the conduct of a director or officer of the institution. any State-chartered institution or any the affairs of an insured institution, is A finding of not guilty or other disposi­ director, officer, or other person par­ charged in any information, indictment, tion of the charge shall not preclude the ticipating in the conduct of its affairs, or complaint authorized by a U.S. Attor­ Corporation from thereafter instituting pursuant to the provisions of this parti ney, with the commission of or partici­ proceedings to remove such director, shall also be sent to the appropriate pation in a felony involving dishonesty officer, or other persons from office and/ State supervisory authority. or breach of trust, the Corporation may, or to prohibit further participation in Resolved further that all interested by written notice served upon such the conduct of institution affairs, pur­ persons are hereby given the opportunity director, officer, or other person, sus­ suant to the provisions of § 566.3. to submit written data, views, or argu­ pend him from office and/or prohibit § 566.6 Notice to State authorities. ments on the following subjects and him from further participation in any issues: (1) Whether said proposed In connection with any proceeding manner in the conduct of the affairs of amendment should be adopted as pro­ under §§ 566.1; 566.2, 566.3, or 566.4 of this the institution. A copy of such notice posed; (2) whether said proposed part, involving a State-chartered institu­ shall also be served upon the institution. amendment should be modified and tion or any director, officer or other per­ Such suspension and/or prohibition adopted as modified; (3) whether said son participating in the conduct of its af­ shall remain in effect until such inform a­ proposed amendment should be rejected. fairs, the Corporation shall provide the tion, indictment, or complaint is finally A ll such written data, views, or argu­ appropriate State supervisory authority disposed of or until terminated by the ments must be received through the mail Corporation. with notice of its intent to institute such or otherwise at the Office of the Secre­ (b) a proceeding and the grounds therefor. Removal andjor permanent pro­ tary, Federal Home Loan Bank Board, In the event that a judgment Unless within such time as the Corpora­ hibition. Federal Home Loan Bank Board Build­ of conviction with respect to such offense tion deems appropriate in the light of ing, 101 Indiana Avenue NW., Washing­ is entered against such director, officer, the circumstances of the case (which ton, D.C. 20552, not later than March 6, or other person, and at such time as such time shall be specified in such notice), 1967, to be entitled to be considered, but judgment is not subject to further appel­ satisfactory corrective action is effec­ any received later may be considered in late review, the Corporation may issue tuated by action of the State supervisory the discretion of the Federal Home Loan and serve upon such director, officer, or authority, the Corporation may proceed Bank Board. other person an order removing him from as provided in said sections. office and/or prohibiting him from fur­ § 566.7 Service. By the Federal Home Loan Bank ther participation in any manner in the Board. conduct of the affairs of the institution Any service required or authorized to except with the consent of the Corpora­ be made by the Corporation under the [ s e a l] G r e n v il l e L. M illa r d , Jr., tion. A copy of such order shall Also be provisions of this part shall be made as Assistant Secretary. served upon such institution, whereupon provided in Part 509 of this chapter. [F.R. Doc. 67-1469; Filed, Feb. 7, 1967; such director or officer shall cease to be Copies of any notice or order served upon 8:45 a.m.]

FEDERAL REGISTER, VOL. 32, NO. 26— WEDNESDAY, FEBRUARY 8, 1967 2661

Notices

UNITED STATES RUBBER CO. Secretary, U.S. Atomic Energy Commis­ DEPARTMENT OF JUSTICE sion, Washington, D.C. 20545, within 30 Notice of Filing of Petition Regarding Immigration and Naturalization days after initial publication in the Pesticides F ederal R eg ister . Service Pursuant to the provisions of the Fed­ Exemptions from the Commission’s ORGANIZATION eral Food, Drug, and Cosmetic Act (sec. regulatory authority which would imple­ ment this proposed agreement, as well as Border Patrol Sectors; El Centro, 4 0 8 (d )(1 ), 68 Stat. 512; 21 U.S.C. 346a (d) (1)), notice is given that a petition other agreements which may be entered Calif. (P P 7F0552) has been filed by the United into under section 274 of the Atomic Energy Act, as amended, were published Effective upon publication in the F ed­ States Rubber Co., Chemical Division, as Part 150 of the Commission’s regula­ eral R egister, the following amend­ Bethany, Conn. 06525, proposing the tions in F ederal R egister issuances of ment to the Statement of Organization establishment of tolerances for residues of the plant regulator succinic acid 2,2- February 14, 1962, 27 F.R. 1351; Septem­ of the Immigration and ¡Naturalization ber 22, 1965, 30 F.R. 12069; and March Service (19 F.R. 8071, Dec. 8, 1954), as dimethylhydrazide in or on the following raw agricultural commodities: Apples, at 19, 1966, 31 F.R. 4668. In reviewing this amended, is prescribed: proposed agreement, interested persons Sector No. 12 of paragraph (d) Bor­ 30 parts per million; grapes, at 10 parts per million; and tomatoes, at 0.5 part should also consider the aforementioned der Patrol Sectors of section 1.51 Field exemptions. Service is amended to read as follows: per million. The analytical method proposed in the Sector N o . 12— E l Ce n t r o , C a l if . Dated at Washington, D.C., this 6th petition for determining residues of the day of February 1967. Calexico, Calif. Indio,' Calif. plant regulator is that of colorimetry in El Centro, Calif. Riverside, Calif. which the residue is hydrolized with 50 For the Atomic Energy Commission. percent sodium hydroxide, distilled, and R a y m o n d F . F ar r ell, W . B. M cC o o l , Commissioner of reacted with trisodium pentacyanoamine Secretary. Immigration and Naturalization. ferroate to form a specific red color at pH 5.0. The color is measured spectro- P roposed A g r e e m e n t B e t w e e n t h e U.S. [P.R. Doc. 67-1450; Filed, Feb. 7, 1967; photometrically. A t o m ic E n e r g y C o m m is s io n a n d t h e St a te 8:45 a.m.] o f A r iz o n a for D iscontinuance o f Ce r t a in Dated: January 27,1967. Co m m is s io n R e g u la to r y A u t h o r it y a n d R esponsibility W i t h i n t h e St a t e P u r s u ­ J. K . K ir k , a n t to Se c t io n 274 o f t h e A t o m ic E n e r g y DEPARTMENT OF HEALTH, EDUCA­ Associate Commissioner A ct of 1954, as A m end ed for Compliance. Whereas, the U.S. Atomic Energy^ Commis­ [F.R. Doc. 67-1504; Filed, Feb. 7, 1967; sion (hereinafter referred to as the Commis­ TION, AND WELFARE 8:49 a.m.] sion) is authorized under section 274 of the Food and Drug Administration Atomic Energy Act of 1954, as amended (hereinafter referred to as the Act) to enter FMC CORP. into agreements with the Governor of any ATOMIC ENERGY COMMISSION State providing for discontinuance of the Notice of Filing of Petition Regarding regulatory authority of the Commission Pesticides within the State under Chapters 6, 7, and STATE OF ARIZONA 8 and section 161 of the Act with respect to Pursuant to the provisions of the Fed­ Proposed Agreement for Assumption byproduct materials, source materials, and special nuclear materials in quantities not eral Food, Drug, and Cosmetic Act (sec. of Certain AEC Regulatory Authority 408(d)(1), 68 Stat. 512; 21 U.S.C. 346a sufficient to form a critical mass; and (d)(1)), notice is given that a petition Notice is hereby given that the U.S. Whereas, the Governor of the State of Arizona is authorized under Chapter 4, Title (PP 7F0550) has been filed by FMC Atomic Energy Commission is publishing 30 of the Arizona Revised Statutes to enter Corp., Niagara Chemical Division, 100 for public comment, prior to action there­ into this Agreement with the Commission; Niagara Street, Middleport, N.Y. 14105, on, a proposed agreement received from and proposing the establishment of a toler­ the Governor of the State of Arizona for Whereas, the Governor of the State of Ari­ ance of 0.5 part per million for residues the assumption of certain of the Com­ zona certified on January 20, 1967, that the of a fungicide, which is a mixture of 5.2 mission’s regulatory authority pursuant State of Arizona (hereinafter referred to as parts by weight of ammoniates of ethyl- to section 274 of the Atomic Energy Act the State) has a program for the control of radiation hazards adequate to protect the enebis(dithiocarbamato) zinc with one of 1954, as amended. public health and safety with respect to the part by weight of ethylenebisidithio- A resume, prepared by the State of materials within the State covered by this carbamic acid) bimolecular and tri- Arizona and summarizing the State’s Agreement, and that the State desires to as­ inolecular cyclic anhydrosulfides and proposed program, was also submitted to sume regulatory responsibility for such ma­ disulfides, in or on the raw agricultural the Commission. With the exception of terials; and commodities: Carrots, sweet corn, cot­ referenced Appendices A through E and Whereas, the Commission found on ton, peanuts, pecans, potatoes, and Chart 1, this resume is set forth below __.______that the program of the State sugarbeets. as an appendix to this notice. A copy of for the regulation of the materials covered the program, including proposed Arizona by this Agreement is compatible with the The analytical method proposed in the Commission’s program for the regulation of Petition for determining residues of the regulations, is available for public inspec­ such materials and is adequate to protect tion in the Commission’s Public Docu­ fungicide is that of Thomas E. Cullen the public health and safety; and ment Room, 1717 H Street NW., Wash­ Whereas, the State and the Commission published in Analytical Chemistry, vol. ington, D.C., or may be obtained by recognize the desirability and importance 36 (1964), pp. 221-224. writing to the Director, Division of State of cooperation between the Commission and the State in the formulation of standards for Dated: January 27,1967. and Licensee Relations, U.S. Atomic Energy Commission, Washington, D.C. protection against hazards of radiation and in assuring that State and Commission pro­ J. K . K ir k , 20545. All interested persons desiring Associate Commissioner grams for protection against hazards of ra­ to submit comments and suggestions for diation will be coordinated and compatible; for Compliance. the consideration of the Commission in and [PR. Doc. 67-1503; Filed, Feb. 7, 1967; connection with the proposed agreement Whereas, the Commission and the State 8:48 a.m.] should send them, in triplicate, to the recognize the desirability of reciprocal rec-

FEDERAL REGISTER, VOL. 32, NO. 26— WEDNESDAY, FEBRUARY 8, 1967 2662 NOTICES ognition of licenses and exemption from li­ priate rules, regulations, and procedures by Arizona radiation control program, as well censing of those materials subject to this which such reciprocity will be accorded. as performing various other functions in the Agreement; and Art. VII. The Commission, upon its own areas of -atomic -energy development and Whereas, this Agreement is entered into initiative after reasonable notice and op­ public education. pursuant to the provisions of the Atomic portunity for hearing to the State, or upon The Arizona State Department of Health Energy Act of 1954, as amended; request of the Governor of the State, may (ASDH) has been active in the field of radio­ Now, therefore, it is hereby agreed be­ terminate or suspend this Agreement and logical health since 1956, when an air sam­ tween the Cômmission and the Governor of reassert the licensing and regulatory author­ pling station was established in Phoenix. the State, acting in behalf of the State, as ity vested in it under the Act if the Com­ This station is operated by the Radiological follows : mission finds that such termination or sus­ Health Section of the ASDH under the spon­ A r t ic l e I. Subject to the exceptions pro­ pension is required to protect the public sorship of the U.S. Public Health Service. vided in Articles II, III, and IV, the Commis­ health and safety. The ASDH is also cooperating with the U,S. sion shall discontinue, as of the effective date A r t . VIII. This Agreement shall become ef­ Public Health Service by sending them sam­ of this Agreement, the regulatory authority fective on May 15, 1967, and shall remain in ples of human blood and hair for the de­ of the Commission in the State under Chap­ effect unless, and until such time as it is termination of strontium-90 content and is ters 6, 7, and 8, and section 161 of the Act terminated pursuant to Article VII. participating in a nationwide Public Health with respect to the following materials: Done at Phoenix, State of Arizona, in trip­ Service study to establish a baseline of radi­ A. Byproduct materials; licate, th is ____ day o f ______1967. ation contamination of foodstuffs. B. Source materials; and For the United States Atomic Energy Com­ In 1962 a survey program was initiated C. Special nuclear materials in quantities mission. by the Radiological Health Section of the not sufficient to form a critical mass. ASDH to evaluate the radiation safety of A r t . II. This Agreement does not pro­ For the State of Arizona. X-ray departments in all non-Federal hospi­ vide for discontinuance of any authority and tals of the State. Handbook 76 of the Na­ the Commission shall retain authority and Ja c k W i l l ia m s , Governor. tional Bureau of Standards, “Medical X-ray responsibility with respect to regulation of: Protection up to Three Million Volts,” has A. The construction and operation of any P o lic ie s a n d P rocedures fo r t h e C o n t r o l o f been used as the standard in evaluating this production or utilization facility; I o n iz in g R a d ia t io n equipment. At least two surveys of the B. The export from or import into the X-ray equipment in each of the 70 hospitals United States of byproduct, source, or special forew ord have been made to date in this continuing nuclear material, or of any production or This narrative describes the policies and activity. An analysis of the findings shows utilization facility; procedures of the State of Arizona relating the following improvements: C. The disposal into the ocean or sea of to the control of ionizing radiation in the byproduct, source, or special nuclear waste State. The radiation control program will materials as defined in regulations or orders be administered by the Arizona Atomic En­ In Compliance— of the Commission; ergy Commission. Assistance in the admin­ D. The disposal of such other byproduct, istration of the program will be provided by source, or special nuclear material as the P e r c e n t P e rc e n t the Arizona State Department of Health. 1962-63 1964-65 Commission from time to time determines by regulation or order should, because of the AUTHORITY hazards or potential hazards thereof, not be Personnel monitoring______63 83 Section 274 of the Atomic Energy of 1954, 62 86 so disposed of without a license from the 59 89 Commission. as amended, authorizes the U.S. Atomic En­ ergy Commission to enter into an agreement Structural shielding______60 90 A r t . in . Notwithstanding this Agree­ Fluoroscopy table top dose-__ ,___ 78 96 ment, the Commission may from time to time with the Governor of a State for purposes of transferring to that State certain functions by rule, regulation, or order, require that the The Radiological Health Section has also manufacturer, processor, or producer of any of licensing and regulatory control of byprod­ equipment, device, commodity, or other uct, source and special nuclear material. initiated a county-by-county program for surveying all X-ray machines used in the product containing source, byproduct, or This transfer is made after the determina­ healing arts. This program has received ex­ special nuclear material shall not transfer tion by the U.S. Atomic Energy Commission possession or control of such product except that the State has the competency to admin­ cellent cooperation from the professions, and pursuant to a license or an exemption from ister a licensing and regulatory program. essentially all of the machines in 5 of Ari­ licensing issued by the Commission. Chapter 4, Title 80 of the Arizona Revised zona’s 14 counties have been surveyed. Statutes authorizes the Governor of Ari­ Each visit is documented by a letter to the A r t . IV. This Agreement shall not af­ fect the authority of the Commission under zona, on behalf of that State, to enter into owner or user, indicating any defects found. subsection 161 b. or i. of the Act to issue an agreement with the Federal Government The ASDH has conducted a survey of rules, regulations, or orders to protect the providing for discontinuance of certain of dental X-ray machines, using a special common defense and security, to protect re­ the Federal Government’s responsibilities mailed film packet (the “Surpak”) supplied stricted data or to guard against the loss or with respect to sources of ionizing radiation by the Division of Radiological Health, U.S. diversion of special nuclear material. and the assumption thereof by the State Public Health Service. This survey was re­ of Arizona. A r t . V. The Commission will use its best sponded to by 450 of the 500 dentists in efforts to cooperate with the State and other Chapter 4, Title 30, Arizona Revised Stat­ Arizona. Over 90 percent of the machines agreement states in the formulation of utes, further authorizes the Arizona Atomic were found to be in good condition. Per­ standards and regulatory programs of the Energy Commission to adopt, administer and sonnel of the Radiological Health Section State and the Commission for protection enforce rules and regulations for the control are now making physical surveys of the de­ against hazards of radiation and to assure of ionizing radiation in Arizona. fective units, installing filters and colli­ that State and Commission programs for pro­ The authority for the Arizona State De­ mators, and discussing radiological health tection against hazards of radiation will be partment of Health to assist in the adminis­ with each dentist. coordinated and compatible. The State will tration of the radiation control program is The Radiation Control Specialist o f the use its best efforts to cooperate with the Com­ contained in Chapter 1, Title 36, Arizona AAEC, while with the ASDH, has accom­ mission and other agreement states in the Revised Statutes, which gives the Health panied U.S. Atomic Energy Commission formulation of standards and regulatory Department the general responsibility for inspectors on most of the compliance inspec­ programs of the State and the Commission protecting the health of the people of the tions in Arizona since 1961. The Director for protection against hazards of radiation State of Arizona. of the AAEC accompanied a U.S. Atomic Energy Commission inspector on his inspec­ and to assure that the State’s program will HISTORY continue to be compatible with the program tions in Phoenix in June of 1966. of the Commission for the regulation of like In 1960, Governor Paul Fannin of Arizona ORGANIZATION AND STAFF RESPONSIBILITIES materials. The State and the Commission established a Governor’s Atomic Energy will use their best efforts to keep each other Committee, composed o f ^ representatives An organization chart showing the lines informed of proposed changes in their re­ from the State’s universities, industry, the of responsibility in the Arizona radiation spective rules and regulations and licensing, medical profession, the military and the control pregram is shown as Chart I. inspection and enforcement policies and cri­ Governor’s Office. As a result of the efforts There are 12 AAEC Commissioners, 10 of teria, and to obtain the comments and assist­ of this Committee, plus many others, the whom are appointed by the Governor with ance of the other party thereon. legislation was enacted in 1964 which added the advice and consent of the State Senate. A r t . VI. The Commission and the State Chapter 4 to Title 30 of the Arizona Revised The other two are the Director ot the Ari­ agree that it is desirable to provide for recip­ Statutes. A copy of this legislative act is zona Development Board and the Commis­ rocal recognition of licenses for the mate­ included as Appendix A. sioner of the Arizona State Department of rials listed in Article I licensed by the other The Arizona Atomic Energy Commission Health. The Commissioners have the fol­ party or by any agreement state. Accord­ (AAEC) held its first formal meeting on lowing broad responsibilities in the radia­ ingly, the Commission and the State agree July 23, 1964. Since that date the AAEC tion control program: to use their best efforts to develop appro­ has been preparing for the initiation of the (a ) Establish policy, objectives and goals.

FEDERAL REGISTER, VOL. 32, NO. 26— WEDNESDAY, FEBRUARY 8, 1967 NOTICES 2663

(b ) Review, approve and audit the pro­ Item Quantity INSPECTIONS gram. Survey meter, Victoreen Thyac II, Periodic inspections of licensees and reg­ (c) M ake recommendations to the with G.M. probe and 1% inches x istrants will be conducted. Most inspections Governor. 1 inch scintillation probe______2 will be announced, but some will be made Legal counsel is supplied to the AAEC by 9-foot extension arm for above sur­ on an unannounced basis. The normal fre­ the Arizona Attorney General’s Office. vey meters______1 quency of inspection is listed below : The Director of the AAEC is appointed by Portable gas proportional alpha the AAEC Commissioners and has general counter, Eberline Model PAC-4G. I Broad licenses______Once each 12 responsibility for the administration of the Air Sampler, Roots-Connersville months. State’s radiation control program. He will blower, 1 y2 hp. electric motor, Specific licenses : * , review all radioactive material licenses is­ P.H.S. assembly, for 4-inch di­ Waste disposal services. Once each 6 sued by the AAEC. The Radiation Control ameter filter______1 months. Specialist reports to the Director and has Continuous recording alpha-beta air Industrial radiography. Once each 12 the direct responsibility for administering monitor, Eberline Model AIM-3 _ 1 months. the radiation control program. He will be Dosimeter, NuClear-Chicago Model Other industrial______Once each 24 responsible for the technical evaluation of NC—402, range 0-200 mR______5 months. applications for radioactive material licenses, Reader-charger for above dosimeter. 1 Medical______Do. and for the preparation of licenses. He will Academic______Do. The equipment belonging to the Arizona Other______Based on hazards also be responsible for handling the regis­ Atomic Energy Commission is located at its tration of radiation machines. The fu ll­ associated with offices at 40 East Thomas Road, Suite 107, time AAEC staff will initially consist of the licensee’s pro­ Phoenix; that of the Arizona State Depart­ Director, the Radiation Control Specialist, gram. ment of Health at the office of its Division and the Secretary to the Director. Registered facilities____ _ Based on hazards of Environmental Health, Fifth Floor,' 14 The Arizona State Department of Health associated with North Central Avenue, Phoenix. (ASDH) will provide assistance to the AAEC registrant’s pro­ gram. in the administration of the Arizona radia­ LABORATORY SUPPORT tion control program. The Director of the Inspection visits will usually include a Division of Environmental Health of the The Laboratory Division of the Arizona comprehensive review by the inspector of the ASDH will maintain close liaison with the State Department of Health is available to following: (1) The licensee’s or registrant’s Director of the AAEC in implementing this assist in the State’s radiation control pro­ equipment and facilities; (2) the licensee’s assistance. A copy of the formal agreement gram. This Laboratory has a proportional handling and storage of radioactive material; between the AAEC and the ASDH for co­ flow counting system for measuring alpha (3) personnel safety procedures; (4) survey operation in the radiation control program and beta activities. methods and results; (5) personnel moni­ is included as Appendix B. Laboratory facilities at the University of toring practices and results; (6) posting and Personnel of the Radiological Health Sec­ Arizona and Arizona State University are also labeling used; (7) training of personnel; and tion of the ASDH will be responsible for available when needed. These facilities in­ (8) records and recordkeeping procedures. conducting inspections of licensees and clude various counting systems and several The inspector may make measurements of registrants, under the immediate direction of multichannel analyzers. radiation levels. Before the termination of the Radiation Control Specialist, AAEC. each inspection, the inspector will meet with The staff of the Radiological Health Section RADIATION PROTECTION STANDARDS the management to discuss the results of will initially consist of a health physicist, a In the preparation of the Arizona Atomic his inspection. At this time he will present radiological health technician, and a secre­ tentative oral recommendations or sugges­ tary. The ASDH expects to hire an addi­ Energy Commission (AAEC) Regulations for the Control of Ionizing Radiation, care has tions, and will answer questions concerning tional health physicist later in 1967. the regulatory program. The present combined staffs of the AAEC been taken to insure uniformity with regu­ lations of the U.S. Atomic Energy Commis­ A comprehensive written inspection report and the Radiological Health Section of the will be made to the Director of the AAEC. ASDH are felt to be adequate for initiating sion and other States having regulatory agreements with the U.S. Atomic Energy The report will mention violation, if any, the Arizona radiation control program. Ap­ and will include both the oral recommenda­ propriate job descriptions are given in Ap­ Commission. Standards to be followed in Arizona conform to those adopted by other tions which have been made to the licensee pendix C. Résumés of the per^gjinel pres­ or registrant, and any additional recom­ ently employed are given in Appendix D. agreement States. The limits of exposure to radiation are consistent with those recom­ mendations considered appropriate. A Medical Advisory Committee has been Arizona law provides for steps which may appointed by the AAEC. This Committee, mended by the Federal Radiation Council. Regulations on shielding and other protec­ be taken when users refuse access for inspec­ composed of physicians knowledgeable in tion purposes. the clinical and investigational uses of tive features of X-ray installations conform radioisotopes and other ionizing radiation, to those recommended in the National Bu- COMPLIANCE AND ENFORCEMENT reaUsOf Standards Handbook No. 76. will be available to advise the AAEC on Reports of inspections of licensees’ and medical uses of radiation. The composition LICENSING AND REGISTRATION registrants’ activities will be evaluated to de­ of the Medical Advisory Committee is given termine radiation ‘safety and compliance in Appendix E. Other advisory groups will A general or specific license will be re­ with the AAEC’s regulatory requirements. be established as the need arises. quired for the use of all radioactive ma­ If no items of noncompliance are observed, terials except those which are exempt by law EQUIPMENT FOE RADIATION MONITORING the person will be so informed in writing. or regulations. The procedures and regu­ For minor items of noncompliance which the The following radiation monitoring equip­ lations for licensing will be similar to those licensee or registrant has agreed to correct ment is available for use in the radiation employed by the U.S. Atomic Energy Com­ at the time of the inspection, a letter of noti­ control program: mission. The principal difference will be the fication will be sent informing the licensee requirement for licensing the use of nat­ Item Quantity or registrant of the items of noncompliance urally occurring radioisotopes and other Arizona Atomic Energy Commission : and stating that corrective action will be re­ radioisotopes not produced in nuclear re­ Geiger Counter, Eberline Model viewed during the next inspection. actors. Licenses will be issued on a routine E -5 1 0 ...... 1 If the inspection reveals items of non- basis by the AAEC, provided the applicant compliance of a more serious nature, the Dosimeter, Landsverk Model L-50, meets the requirements outlined in sections range 0-200 mR______5 licensee or registrant will be informed by B.25 and B.26 of the AAEC Regulations. In Reader-charger for above dosim­ letter of the items of noncompliance and the review of nonroutine or unusual human eter ______I directed to reply within a specified time as uses, the Medical Advisory Committee will Radalert, beta-gamma, Physics In­ to the corrective action taken and the date be called upon for its advice prior to issuance ternational Model 2000______2 completed. A followup inspection may be of a license. Other consultants at the local Arizona State Department of Health, made to determine compliance, or the mat­ or national level will be employed if needed. Radiological Health Section: ter may be reviewed during the next régulai Provisions are made for reciprocal recogni­ Decontamination kit, Tracerlàb inspection to ensure that the corrective ac­ "D K -K it” ______2 tion of licenses issued by the U.S. Atomic tion has in fact been accomplished. Energy Commission and "other agreement The AAEC will use its best efforts to at­ Geiger Counter, Eberline Model tain compliance through cooperation and E-500B ______1 States. Licensing of radiation machines will not education. However, the AAEC may amend, X-ray safety survey kit, P.H.S., com­ suspend or revoke a license in the event of be required. However, the owner or person plete with survey meter, Nucor continuing refusal of the licensee to comply Model CS-40A, Victoreen condens­ having possession of any radiation machine with terms and conditions of the license or er R-meter, lead apron, calibrated will be required to register such machine the AAEC Regulations, or failure to take ade­ fluorescent screens, etc______1 with the AAEC. quate corrective action concerning items of

FEDERAL REGISTER, VOL. 32, NO. 26— WEDNESDAY, FEBRUARY 8, 1967 No. 26—Pt. I ----9 2664 NOTICES noncompliance. In the event that any of Further, the agreement cancels all ment CAB 19200,2 Agreement CAB these actions are taken, the licensee will be rates under Commodity Items 3009 and 19201,3 Agreement CAB 19234.4 The afforded the opportunity for a hearing before 3076 and transfers such rates to Com­ agreements carry various intended ef­ the Commissioners of the AAEC. modity Item 3075. Additionally, the de­ fectiveness dates through April 1, 1967, If the AAEC finds that an emergency exists requiring immediate action to protect public scription for Commodity Item 3075 has and are intended to be effective through health and safety, it may issue an order or been amended so as to encompass those March 31, 1969.® The agreements have regulation to meet the emergency situation. items presently moving under Com­ been assigned the above-designated CAB Any person to whom such order or regula­ modity Items 3009 and 3076. A similar agreement numbers. tion is directed is required to comply there­ procedure was used with the merger of The agreements encompass resolutions with immediately, but on application to the those rates under Item 2700 with Item adopted at the Honolulu Conference re­ AAEC shall be afforded a hearing within 5 9090 and Item 4171 with Item 4072. lating to fares and fare matters. Inso­ days. On the basis of such hearing, the far as air transportation as defined by emergency order or regulation shall be con­ The agreement, as a whole, would af­ tinued, modified or revoked within 30 days ford significant reductions from the the Act is concerned, the agreements after such hearing. Any orders of the AAEC otherwise applicable rates for numerous include only those fares to apply in the shall be subject to judicial review as pro­ commodities and does not otherwise ap­ Western Hemisphere between the United vided by Arizona Statutes. pear to be adverse to the public interest. States and Mexico/Caribbean points/ Upon the request of the AAEC, a court Accordingly, we are herein approving Northern South America and via the order directing a person to comply with Chap­ the Agreement. South Pacific and the Mid-Atlantic. In ter 4, Title 30 of the Arizona Revised Statutes The Board, acting pursuant to sec­ general, the agreements will maintain or the AAEC Regulations, or enjoining a practice in violation of these Statutes or tions 102,204(a), and 412 of the Act, does normal first and economy-class fares Regulations, may be sought by the Attorney not find the subject Agreement to be ad­ previously approved by the Board for General in an appropriate court. verse to the public interest or in viola­ travel in these areas as well as excursion tion of the Act, provided that approval fares within the Western Hemisphere. [F.R. Doc. 67-1550; Filed, Feb. 7, 1967; 8:50 a.m.] thereof is conditioned as hereinafter The South Pacific promotional fares ordered. include a wide selection of special fares Accordingly, it is ordered, at substantial reductions, and we view That Agreement CAB 19276 be ap­ the adoption of these fares as a forward CIVIL AERONAUTICS BOARD proved, provided that such approval step in developing new traffic. The [Docket No. 16236; Order No. E-24712] shall not constitute approval of the spe­ agreements will retain the current round cific commodity descriptions contained trip affinity group fares which provide INTERNATIONAL AIR TRANSPORT therein for purposes of tariff publication. a reduction of 30 percent from round trip ASSOCIATION Any air carrier party to the agreement, economy-class fares for 15 or more per­ or any interested person, may, within sons and the 23-day excursion fares for Order Relating to Specific Commodity 15 days from the date of service of this economy-class travel between U.S. west Rates order, submit statements in writing con­ coast points/Honolulu and Bora Bora/ Adopted by the Civil Aeronautics Board taining reasons deemed appropriate, to­ Papeete. The latter fares will be re­ at its office in Washington, D.C., on the gether with supporting data, in support duced so as to achieve a 30-percent re­ 1st day of February 1967. of or in opposition to the Board’s ac­ duction from round trip economy-class An agreement has been filed with the tion herein. An original and nineteen fares. (The West Coast-Papeete fare Board, pursuant to section 412(a) of the copies of the statements should be filed will be $520 as compared with the fare Federal Aviation Act of 1958 (the Act) with the Board’s Docket Section. The of $557.30 now offered.) New promo­ Board may, upon consideration of any and Part 261 of the Board’s Economic tional fares proposed for application be­ Regulations, between various air carriers, such statements filed, modify or rescind tween U.S. west coast points/Honolulu foreign air carriers, and other carriers, its action herein by subsequent order. and points in' the South Pacific include embodied in the resolutions of the joint This order will be published in the conferences of the International Air the following: F ederal R e g ister . Transport Association (IATA), and (a) The introduction of round trip adopted at the fourth meeting of the By the Civil Aeronautics Board. 14-28-day excursion fares which would Joint Specific Commodity Rates Com­ [ s e a l] H arold R . S a n d e r so n , provide a reduction of about 25 percent mittee held in Montreal, November 8 Secretary. from normal round trip economy-class through November 16, 1966. The agree­ ment has been assigned the above-desig­ [F.R. Doc. 67-1487; Filed, Feb. 7, 1967; fares (West Coast-Sydney, $756 ai com­ nated CAB agreement number. 8:47 a.m] pared with $1,008). Travel under these Basically, the agreement, as it applies to air transportation as defined by the * R-15 except insofar as It would apply in Act, amends certain presently effective [Docket No. 17828; Order No. E-24719] air transportation as defined by the Act via commodity descriptions and extends for a INTERNATIONAL AIR TRANSPORT the North/Central Pacific and North Atlantic, further period of effectiveness specific and R—16. ASSOCIATION 3 R—6. commodity rates established since the *R -1 through R-7, R-9, R-16, R-17, R-20, third meeting of the Joint Specific Com­ Order Relating to Fares R-21 through R-24, R-29 through R-37, R-39, modity Rates Committee held in London, Adopted by the Civil Aeronautics Board R—41 through R-50, R-52, R-53, R-55, R-56, May 3 through May 13, 1966. Addition­ at its office in Washington, D.C., on the R—58, R-69, R—72 through R-75, R-78, R-84, ally, the agreement, as set forth in the R-85, R—89, and R - ll l. 3d day of February 1967. attachment,1 (1) names rates under new R-10, R - ll, R—12, R—14, R-62 excluding Agreements have been filed with the commodity descriptions, (2) names addi­ those portions acted upon in Orders E-24463 tional rates under existing commodity Board, pursuant to section 412(a) of and E-24628. the Federal Aviation Act of 1958 (the R-13 and R-15 exclusive of application in descriptions, (3) reduces existing com­ air transportation as defined by the Act via modity rates, and (4) increases a few Act) and Part 261 of the Board’s Eco­ nomic Regulations, between various air the North Atlantic or North/Central Pacific rates under an existing commodity de­ carriers, foreign air carriers, and other and exclusive of those portions acted upon scription. For information, the attach­ in Orders E-24463 and E-24628. carriers, embodied in the resolutions of R-8, R-18, R—25, R—26, R-28, R-38, R-40, ment also indicates those rates that will the Traffic Conferences of the Interna­ R-97 through R-102, 105 through R-109, expire with January 31, 1967, in accord­ tional Air Transport Association (IA T A ), R-112 exclusive of application in air trans­ ance with the provisions of Resolution and adopted at meetings in Honolulu, portation as defined by the Act via the North Atlantic and/or the North/Central 590. September-October 1966, Docket No. 17828; Agreement CAB 19190,1 Agree- Pacific. 6 Except South Pacific fare resolutions 1 Attachment filed as part of the oiriginal which are limited to a 1-year period through document. 1R—15 and R-16. March 31,1968.

FEDERAL REGISTER, VOL. 32, NO. 26— WEDNESDAY, FEBRUARY 8, 1967 NOTICES 2665 fares will be precluded during two pe­ W e also note that resolutions relating Any air carrier party to the agreement,- riods of about 2 months each * to the form of interline agreements or any interested person, may, within 15 (b) The introduction of 21-45-day among members and with non-IATA days from the date of service of this inclusive-tour fares which would provide carriers have been redrafted. The re­ order, submit statements in writing con­ a reduction of about 30 percent from visions, in many respects, appear to be taining reasons deemed appropriate, to­ round trip economy-class fares (West editorial in character. In any event, gether with supporting data, in support Coast-Sydney, $705.60 as compared with the resolutions are subject to the objec­ of or in opposition to the Board’s action $1,008). These fares, however, are re­ tions commented on by the Board in its herein. An original and 19 copies of the stricted to preclude travel in the same Order E-21433 dated October 23, 1964. statements should be filed with the periods as the 14-28-day excursion fares In that order the Board noted that many Board’s Docket Section. The Board and the agreement requires a total tour of the provisions requiring adherence to may, upon consideration of any such price for the duration of the trip at not IATA rules and practices lacked clarity, statements filed, modify or rescind its less than 110 percent of the round or and that the enforcement provisions action herein by subsequent order. with respect to inspection of non-IATA circle trip economy-class fare. This order will be published in the carrier records and sanctions which (c) The introduction of special south­ F ederal R eg ister . bound fares to Papeete. These include would be imposed appeared unduly 10-23-day inclusive-tour fares of $470 harsh and punitive. Accordingly, we By the Civil Aeronautics Board. are maintaining a condition to render and $321 from U.S. west coast points and [ s e a l ] H arold R . S a n d e r so n , Honolulu, respectively, and the addition the application of these rules inappli­ Secretary. of new outbound round trip affinity cable in air transportation. The Board, acting pursuant to sections [F.R. Doc. 67-1488; Filed, Feb. 7, 1967; group fares for 50 or more persons of 8:47 a.m.] $420 and $287 from west coast points and 102, 204(a) , and 412 of the Act, makes Honolulu, respectively. The inclusive- the following findings: tour fares will be subject to a minimum 1. The Board does not find the reso­ [Docket No. 18156] tour price of 120 percent of the tour air lutions set forth in Appendix A 8 and con­ ORILLIA AIR SERVICES LTD. fare. The group fares will be available tained in Agreement CAB 19234, which only part of the year7 and will be subject do not directly relate to air transporta­ Notice of Hearing to minimum/maximum-stay require­ tion as defined by the Act, to be adverse Application for a foreign air carrier ments of 6/15 days, respectively. to the public interest or in violation of permit, issued pursuant to section 402 of The Mid-Atlantic fare agreements pro­ the Act. the Federal Aviation Act of 1958, as pose a reduction in the 14-21-day ex­ 2. The Board does not find those reso­ amended, to perform operations of a cursion fares of about 5 percent produc­ lutions set forth in Appendix B 8 and casual, occasional or infrequent nature ing a Miami-Lisbon fare, for example, contained in Agreements CAB 19200, in common carriage from Canada into of $421.10 as compared with the present CAB 19201, and CAB 19234, to be adverse the United States. fare of $446.10. Additionally, an amend­ to the public interest or in violation of Notice is hereby given, pursuant to the ment to the student fare resolution, ap­ the Act, provided that approval shall provisions of the Federal Aviation Act of plicable on this route, would extend the be subject to the same conditions as 1958, as amended, that hearing on the 25-percent discount from economy-class may have been previously imposed with above-entitled application is assigned to fares ' to travel to/from Puerto Rico respect to resolutions readopted or be held on February 13, 1967, at 10 a.m., which has heretofore been excluded. revalidated. 3. The Board does not find resolutions e.s.t., in Room 701, Universal Building, We are herein approving the fare reso­ 1825 Connecticut Avenue NW., Washing­ lutions, except the proposed amendment set forth in Appendix C 8 and contained in agreements CAB 19200 and CAB ton, D.C., before Examiner Joseph L. which would extend the application of Fitzmaurice. the Mid-Atlantic student-fare discount 19234, exclusive of application in air to Puerto Rico. The Board has long transportation as defined by the Act via Dated at Washington, D.C., February held that special fares held to narrow the North Atlantic and/or North and 2, 1967. segments of the traveling public, based Central Pacific, to be adverse to the pub­ lic interest or in violation of the Act, [ s e a l ] F r ancis W. B r o w n , on the characteristics or status of the Chief Examiner. user, i.e., teachers, former pilots, etc., provided that approval shall be subject to the same conditions as may have been [F.R. Doc. 67-1489; Filed, Feb. 7, 1967; are unjustly discriminatory and it has 8:47 a.m.] maintained a condition on the student previously imposed with respect to reso­ fare resolution to preclude its applica­ lutions readopted or revalidated. tion in air transportation. The car­ 4. The Board does not find those reso­ lutions set forth in Appendix D 8 and con­ riers have submitted no justification in support of the fares in air transportation tained in Agreements CAB 19190 and FEDERAL COMMUNICATIONS and it would not appear that the pro­ CAB 19234 to be adverse to the public posal meets the usual test for a departure interest or in violation of the Act, pro­ COMMISSION vided that approval shall be subject to from the rule of equality, namely that [Docket Nos. 16928 etc.; FCC 67M-169] the fares would serve an extraordinary the conditions stated. or serious business interest of the Accordingly, it is ordered, That: CALIFORNIA WATER & TELEPHONE carriers. 1. That portion of Agreement CAB CO. ET AL. 19234, described in finding paragraph 1, We are also herein approving for ap­ is approved. Order Scheduling Hearing plication in the areas where the fares are to apply certain other collateral 2. Those portions of Agreements CAB In the matter of California Water & resolutions which were readopted or re­ 19200, CAB 19201, and CAB 19234, de­ Telephone Co., Docket No. 16928: Tariff validated generally for worldwide appli­ scribed in finding paragraph 2, are ap­ FCC No. 1 and Tariff FCC No. 2 appli­ cation. These include such matters as proved subject to the condition stated cable to channel service for use by com­ baggage rules and seating standards. therein. munity antenna television systems; in 3. Those portions of Agreements CAB the matter of The Associated Bell System 8 Outbound travel originating in U.S. 19200 and CAB 19234, described in find­ Cos., Docket No. 16943; tariffs for chan­ points may not be commenced during the ing paragraph 3, are approved subject nel service for use by community antenna periods Mar. 10 to May 17, inclusive, and to the conditions stated therein. television systems; in the matter of The Sept. 1 to Oct. 31, Inclusive. Outbound travel 4. Those portions of Agreements CAB General Telephone System, and United originating at South Pacific points may not 19190 and CAB 19234, described in find­ be commenced during the periods Apr. 1 to Utilities, Inc. Cos., Docket No. 17098; ing paragraph 4, are approved subject to tariffs for channel service for use by com­ May 31, inclusive, and Aug. 10 to Oct. 17, the conditions stated therein. inclusive. munity antenna television systems. 7 During the periods Mar. 16 to June 14, in­ * Appendices A, B, C, and D filed as part I t is ordered, This 2d day of February clusive, and from Oct. 16 to Dec. 31, inclusive. of the original document. 1967, that Charles J. Frederick shall serve

FEDERAL REGISTER, VOL. 32, NO. 26— WEDNESDAY, FEBRUARY 8, 1967 2666 NOTICES as Presiding Officer in the proceeding in [Docket Nos. 15461, etc.; FCC 67M-172] signals as follows: The three local Peoria Docket No. 17098 which, by order of the CHAPMAN RADIO & TELEVISION CO. stations, the two Grade B Quad City sig­ Commission released January 24, 1967 nals (8, Moline and 4, Rock Islan d ), and (FCC 67-60), has been consolidated for ET AL. the distant network signals from Daven­ hearing with Docket Nos. 16928 and Order Rescheduling Hearing port (6, NBC; the third Quad City sta­ 16943. tion) , Champaign (3, CBS), Decatur (17, In re applications of William A. Chap­ Released: February 2,1967. AB C ), Springfield (20, NBC), the distant man and George K. Chapman, doing educational stations from Urbana- business as Chapman Radio & Television F ederal C ommunications Champaign (12), and Chicago (11) and C o m m is s io n , Co., Homewood, Ala., Docket No. 15461, the distant independent signals from [ s e a l ] B e n F.W a p l e , File No. BPCT-3282; Alabama Tele­ Chicago (9, 26, and 32), Bloomington- Secretary, vision, Inc., Birmingham, Ala., Docket Indianapolis, Ind. (4 ), and St. Louis, No. 16760, File No. BPCT-3706; Birming­ Mo. (11). [F.R. Doc. 67-1471; Filed, Feb. 7, 1967; ham Broadcasting Co., Birmingham, 8:45 a.m.] Ala., Docket No. 16761, File No. Fulton’s petition (filed March 31, 1966) BPCT-3707; for construction permit for requests waiver of the hearing require­ [Docket Nos. 16928; FCC 67M-176] new television broadcast station; Bir­ ment of the rule to permit immediate im­ mingham Television Corp. (WBMG), plementation of its proposal. It is op­ CALIFORNIA WATER & TELEPHONE Birmingham, Ala., Docket No. 16758, File posed by the three Peoria stations on CO. ET AL. No. BPCT-3663; for modification of con­ contention that Fulton’s system would struction permit. result in VHF invasion of this all UHF Order Regarding Procedural Dates On the motion of Alabama Television, market, and two of the three Peoria sta­ Inc., to which all parties have consented: tions (Channels 25 and 31 > oppose GE’s In the matter of California Water & It is ordered, This 3d day of February proposals. Telephone Co., Docket No. 16928; Tariff 1967, that the “preliminary” hearing in 2. The total net weekly circulation of FCC No. 1 and Tariff FCC No. 2 applic­ the above-entitled proceeding, previously the Peoria market is 190,000; assigned to able to channel service for use by com­ scheduled to convene on February 8, the city are Channels 19 (ABC), 25 munity antenna television systems; in 1967, is hereby rescheduled to convene at (N B C ), 31 TCBS), 47 and *59. Bloom­ the matter o f The Associated Bell System 10 a.m., Monday, February 13, 1967, at ington, 111. (38 miles southeast of Peoria, Cos., Docket No. 16943; tariffs for chan­ the Commission’s offices, Washington, but in the Peoria m arket), is assigned nel service for use by community an­ D.C. Channel 43 for which a construction per­ tenna television systems; in the matter Released: February 3,1967. mit has been issued. No applications of The General Telephone System, and pend for the remaining two Peoria as­ United Utilities, Inc., Cos., Docket No. F ederal C ommunications signments. 17098; tariffs for channel service for C o m m is s io n , 3. Canton (population 13,588) is ap­ use by community antenna television [ s e a l ] B e n F. W a p le , proximately 29 miles southwest and be­ systems. Secretary. yond the census areas of Peoria. Fulton The Hearing Examiner having under [F.R. Doc. 67-1473; Filed, Feb. 7, 1967; urges approval of its proposal, pointing consideration a “Motion for Continuance 8:45 a.m.] to the attractions of a first educational of Prehearing Conference” filed in the service and a wider choice of programing, above matter by National Community especially programing not now available, Television Association, Inc., on January [Docket Nos. 17144,17155; FCC 67-110] from the State capital. 30,1967, and 4. The circumstances of this proposal It appearing, that the parties to the FULTON C O M M U N IT Y ANTENNA TELEVISION SYSTEM, INC., ET AL. lead to the judgment that a waiver of proceeding require additional time be­ hearing would serve the public interest. cause of the consideration of three Memorandum Opinion and Order Two of the three Quad City stations (4, dockets herein, Designating a Hearing CBS, Rock Island and 8, ABC, Moline) It is ordered, This 3d day of February serve Canton with predicted Grade B In re petitions by Fulton Community 1967, that the aforesaid motion is granted signals and under our rules are required Antenna Television System, Inc., Canton, to be carried upon request. Competition and that, accordingly, the prehearing HI., File No. C ATV 100-9; General Elec­ in the Quad City would be maintained— conference now scheduled for February tric Cablevision Corp., Peoria, 111., Docket without any discernible damage to the 9, 1967, is hereby rescheduled to com­ No. 17144, File No. C ATV 100-25; Gen­ remaining Peoria assignments—by ac­ mence at 2 p.m., March 13, 1967, ip the eral Electric Cablevision Corp., Peoria tion permitting carriage of the third Commission’s offices in Washington, D.C., Heights and Bartonville, 111., Docket No. Quad City station, Channel 6, NBC, 17155, File No. C ATV 100-59; for au­ and Davenport. The public interest in wider thority pursuant to § 74.1107 of the rules dissemination of educational programing It is further ordered, That the hear­ to operate CATV systems in the Peoria would be served by permitting carriage ing now scheduled for February 27,1967, television market. of educational Channel 12 from Urbana- is postponed to a date to be set at a 1. The following are before us for con­Champaign until activation of Peoria ed­ further prehearing conference, and sideration: ucational Channel *59. Finally, carriage (a) Fulton proposes to operate a It is further ordered, That the “Motion of Springfield Channel 20 will be per­ CATV system in Canton, in the Peoria for Deferment of Hearing Schedule” filed mitted in view of the proximity of its television market, ranked 97th furnish­ Grade B contour to Canton and the fact January 26, 1967, by the Associated Bell ing the local signals of the three Peoria that there will be made available a pro­ System Co., Docket No. 16943 (before its UHF stations, the two VHF operations gram service from the State capital: consolidation with the other parties), is from the Quad City television market Accordingly, it is ordered, That the pro­ dismissed as moot. (Channels 8, ABC, Moline, 111., and 4, visions of § 74.1107 of the rules are CBS, Rock Island, 111.), and distant waived in order to permit Fulton’s Can­ Released: February 3,1967. signals from Davenport, Iowa (Channel ton C ATV system to carry, as proposed, 6, NBC, the third Quad City station), F ederal C ommunications the distant signals from the Quad City, Springfield, 111. (Channel 20, NBC), and Springfield, and Urbana-Champaign. C o m m is s io n , Urbana-Champaign, 111. (Channel 12, The waiver to permit carriage of educa­ [ s e a l] B e n F. W a p le , ETV). Secretary. (b) GE proposes to operate systems in tional Channel 12, Urbana-Champaign, [F.R. Doc. 67-1472; Filed, Feb. 7, 1967; Peoria, Peoria Heights, and Bartonville, will terminate upon activation o f the 8:45 a.m.] 111., all in the Peoria market, carrying Peoria educational assignment.

FEDERAL REGISTER, VOL. 32, NO. 26— WEDNESDAY, FEBRUARY 8, 1967 NOTICES 2667

5. GE proposes to operate in threeshall be convened on March 15, 1967, at site and the proposed L & S site are ap­ communities in the heart of the mar­ 10 a.m.; and that a prehearing confer­ proximately 31 miles apart and an en­ ket—Peoria, Peoria Heights, and Barton- ence shall be held on February 17, 1967, gineering exhibit attached to the Sea­ ville (combined population, 203,635) — commencing at 9 a.m.: And it is further board petition clearly shows that the carrying a number of distant network, ordered, That all proceedings shall be proposed 1 mv/m contour of L & S would educational, and independent signals. held in the offices of the Commission, overlap the existing 1 mv/m contour Since Peoria is the heart of the market Washington, D.C. of WLSE in contravention of § 73.35(a) and in view of the UHF availabilities, Released: February 3,1967. of the rules. Seaboard also alleges that, a hearing on GE’s proposal seems re­ in addition to Samuel Leder’s direct quired: Accordingly, it is further ordered, F ederal C ommunications ownership interests, there are existing This 25th day of January 1967, pursuant C o m m is s io n , family interests which result in indirect to sections 4(i), 303, and 307(b) of the [ s e a l ] B e n F. W a p l e , ownership and control within the mean­ Communications Act and § 74.1107 of the Secretary. ing of the rule. At the time Seaboard’s Commission’s rules, that with respect to [F.R. Doc. 67-1475; Filed, Feb. 7, 1967; petition was filed, Morris and Leon Leder, the petitions filed by General Electric 8:45 a.m.] brothers of Samuel Leder, each owned Cablevision hearing is ordered on the fol­ 24.75 percent of L & S and Julius J. lowing issues: Segerman, Samuel Leder’s brother-in- 1. To determine the present and pro­ [Docket Nos. 17148-17150; FCC 67-125] law, owned 25.25 percent. posed penetration and extent of C ATV L & S BROADCASTING CO. ET AL. 4. On March 2, 1965, L & S amended service in the Peoria market. its application to delete all reference to 2. To determine the effects of current Memorandum Opinion and Order Samuel Leder. In its opposition filed and proposed CATV service in the Peoria Designating Applications for Con­ the same day, L & S denied that the market upon existing, proposed, and po­ solidated Hearing on Stated Issues family relationship contravened § 73.35 tential television broadcast stations in and stated that it was unaware of the the market. In re applications of L & S Broadcast­ overlap at the time the application was 3. To determine (1) the present policy ing Co-., Jacksonville, N.C., Docket No. filed. In conclusion, L & S requested and proposed future plans of respondents 17148, File No. BP-16329; Requests: 1070 that the Commission dismiss the Sea­ with respect to the furnishing of any kc, 1 kw, Day, Class II-D ; Roy H. Park board petition as moot. service other than the relay of the sig­ Radio, Inc. (WNCT), Greenville, N.C., 5. On March 10, 1965, Seaboard re­ nals of broadcast stations; (2) the poten­ Docket No. 17149, File No. BP-16563;' plied to the L & S opposition, pointing out tial for such services; and (3) the impact Has: 1590 kc, 1 kw, 5 kw-LS, DA-N, U, that the Commission, in adopting the of such services upon television broadcast Class H I, Requests: 1070 kc, 10 kw, DA-2, new § 73.35, required nonconforming ap­ stations in the market. U, Class II-B ; John C. Hall, Ayden, N.C., plicants to amend their applications to 4. To determine whether the CATV Docket No. 17150, File No. BP-16604; R e­ comply with the new rule by July 16, proposals are consistent with the public quests: 1070 kc, 1 kw, Day, Class H-D, 1964, or face dismissal.3 This deadline interest. for construction permits. was subsequently extended to October 1. The Commission has before it for 12, 1964.3 Seaboard contends that the West Central Broadcasting Co., Midwest consideration (a) the above-captioned L & S application should have been dis­ Television, Inc., and General Electric and described mutually exclusive appli­ missed because it was not amended by Cablevision Corp. are parties to this pro­ cations; (b) a petition for dismissal by the date specified. ceeding and, to participate, must comply Seaboard Broadcasting Corp., licensee of 6. By letter dated March 31, 1965, the with the applicable provisions of § 1.221 Station WLAS, Jacksonville, N.C., filed Commission gave L & S the opportunity of the Commission’s rules. The burden on February 15, 1965, directed against of submitting comments on the question of proof is upon petitioner. A time and the L & S Broadcasting Co. application; of whether, in light of the family and place for the hearing will be specified in and (c) other related pleadings.1 business relationships involved, a grant another order. 2. Seaboard bases its claim of stand­ of the application would be barred by Released: February 2,1967. ing as a “party in interest” on the fact § 73.35. that the station proposed by L & S would 7. On April 20, 1965, L & S filed an F ederal C ommunications directly compete with WLAS for audi­ amendment stating unequivocally that C o m m is s io n ,1 ence, advertising revenues and program­ “ there are no extant fam ily or business [ s e a l] B e n F. W a p l e , relationships between Mr. Samuel Leder Secretary. ing. The Commission finds that Sea­ board has standing as a “party in inter­ and the principals of the L & S Broad­ [F.R. Doc. 67-1474; Filed, Feb. 7, 1967; est’’ within the meaning of section 309 casting Co. which would in any way tend 8:45 a.m.] (d) (1) of the Communications Act of to diminish open, arms-length competi­ 1934, as amended, and § 1.580 (i) of the tion between W LSE, Wallace, N.C., and [Docket Nos. 17144, 17155; FCC 67M-180] Commission’s rules. FCC v. Sanders the * * * station proposed.” L & S also Bros. Radio Station, 309 U.S. 470, 9 R.R. stated that Samuel Leder is paid no GENERAL ELECTRIC CABLEVISION 2008 (1940). salary as vice president of WLSE, other CORP. 3. The L & S application was filed on than a monthly director’s fee and has no August 25, 1964. At that time Samuel direct responsibility for the operation Order Scheduling Hearing Leder was listed as a director and 25.25 or control of the station other than being In re petitions by General Electric percent stockholder of the applicant. In a shareholder and director. L & S main­ Cablevision Corp., Peoria, 111., Docket No. its petition for dismissal, Seaboard notes tained that Samuel Leder and each of its 17144, File No. CATV 100-25; General that Leder is also vice president and 50 principals have independent financial Electric Cablevision Corp., Peoria Heights percent stockholder of the licensee of interests except for certain real estate in­ and Bartonville, HI., Docket No. 17155, Station WLSE, Wallace, N.C. WLSE’s vestments and minority stockholdings in Eile No. CATV 100-59; for authority pur­ the First National Bank of Eastern North suant to § 74.1107 of the rules to operate 1 Before the Commission are (a) amend­ Carolina, of which Samuel Leder is a di­ CATV systems in the Peoria television ments to the L & S application filed Mar. 2, rector; that Samuel Leder owns three re­ market. 1965, Apr. 20, 1965, June 7, 1965, and Oct. 26, tail stores in Jacksonville, N.C. that are This 3d day of February 1965; (b) “Opposition to Petition for Dis­ in competition with a department store It is ordered, missal” filed by L & S on Mar. 2, 1965; (c) 1967, that Herbert Sharfman shall serve wholly owned by Julius Segerman; that “Reply to Opposition to Petition for Dismis­ Morris and Leon Leder own a total of as Presiding Officer in the above-entitled sal” filed by Seaboard on Mar. 10, 1965; (d) proceeding; that the hearings therein “Reply Comments of Seaboard Broadcasting four stores individually in four different Corp.” filed on June 1, 1965; (e) “Supple­ 1 Statement in which Commissioner Bart­ mental Comments of L & S Broadcasting Co.” 2 In re Amendment of Multiple Ownership ley concurs in part and dissents in part and filed on July 6, 1965; (f) “Motion to Strike” Rules (Docket 14711) FCC 64-445, 2 R.R. in which Commissioner Loevinger joins, filed filed by Seaboard on July 19, 1965; (g) “Op­ 2d 1588, at 1603. as part of the original document; Commis­ position to Motion to Strike” filed by L & S 3 In re Amendment of Multiple Ownership sioner Lee absent. on July 23, 1965. Rules, FCC 64-904, 3 R.R. 2d 1554, at 1564.

FEDERAL REGISTER, VOL. 32, NO. 26— WEDNESDAY, FEBRUARY 8, 1967 2668 NOTICES towns in North Carolina; and that there alter the foregoing, the motion to strike to construct and operate the proposed is nothing which would prevent the same will be dismissed as moot. station without revenue for the period type of open competition between the 11. The applicant, John C. Hall, has of 1 year. proposal and WLSE as presently exists submitted an incomplete financial state­ 4. To detemine whether there is a between the various merchandising en­ ment and therefore his true net worth reasonable possibility that the tower terprises operated by the principals of cannot be determined. Neither his lia­ height and location proposed by John C. L & S and Samuel Leder. bilities nor his assets have been suffi­ Hall could constitute a menace to air 8. In its reply comments filed June 1, ciently detailed to enable the Commis­ navigation. 1965, Seaboard recited briefly the history sion to evaluate them. In addition, his 5. To determine whether the direc­ of the Leder Brothers Enterprises in an application shows that he has only tional antenna system proposed by Roy attempt to show that from 1925 until $26,612 available to defray what he has H. Park Radio, Inc., can be adjusted and 1960, all the Leder stores were operated estimated to be approximately $51,000 maintained within the maximum ex­ as a fam ily business and that to this in expenses in constructing and oper­ pected operating values of radiation, day Morris, Leon, and Samuel, together ating the proposed station for 1 year. as proposed. with J. Herman and Joseph Leder are Since by the applicant’s own showing, 6. To determine in the light of section partners in a department store in he requires additional funds to construct 307(b) of the Communications Act of Fayetteville, N.C. Seaboard concludes and operate his proposed station, an ap­ 1934, as amended, which of the proposals that there is a continuing pattern of aid, propriate financial issue will be included. would best provide a fair, efficient, and advice and assistance between members 12. Further, the tower height and lo­ equitable distribution of radio service. of the family which would preclude cation proposed by John C. Hall has not 7. To determine in the light of the arms-length competition between the received approval from the Federal evidence adduced pursuant to the fore­ proposal and WLSE. Aviation Agency. Therefore, an issue going issues, which, if any, of the appli­ 9. Although L & S failed to amend will be included to determine if it would cations should be granted. its application prior to the effective date constitute a menace to air navigation. It is further ordered, That the peti­ of the new multiple ownership rule and 13. The application of Roy H. Park tion for dismissal filed by Seaboard was thus subject to dismissal at that time, Radio, Inc., proposes a nighttime oper­ Broadcasting Corp. is denied. the applicant did eliminate this patent ating power of 10 kilowatts utilizing a I t is further ordered, That the Federal defect as soon as the matter was raised directional antenna to suppress the ra­ Aviation Agency is made a party to the by Seaboard. In view of this prompt diation in pertinent directions. The proceeding. action taken as soon as the applicant be­ proposed radiation pattern indicates a I t is further ordered, That in the event came aware of the defect, the applica­ calculated value of radiation as low as of a grant of any of the applications, the tion will not be dismissed. 2.7 mv/m in a null area and maximum construction permit shall contain the 10. The Commission finds that Sea­ expected operating values of radiation following condition: board has neither contended nor shown as low as 12.5 mv/m. In view of the Pending a final decision in Docket No. that the principals of L & S Broadcast­ high degree of suppression proposed, a 14419 with respect to presunrise opera­ ing Co. are financially dependent upon substantial question obtains as to tion with daytime facilities, the present Samuel Leder. The application, in fact, whether the proposed directional an­ provisions of § 73.87 of the Commission’s shows that each of its principals has a tenna system can be adjusted and main­ rules are not extended to this authori­ net worth in excess of $150,000. Simi­ tained within the maximum expected zation, and such operation in precluded. larly, Seaboard has made ho showing operating values of radiation proposed. It is further ordered, That, to avail that the amendment deleting the name Accordingly, an issue with respect there­ themselves of the opportunity to be of Samuel Leder was merely a sham, to will be included. heard, the applicants and party respond­ and that notwithstanding the amend­ 14. Except as indicated by the issues ent herein, pursuant to § 1.221(c) of ment, Samuel Leder still retains an in­ below, the applicants are legally, tech­ the Commission’s rules, in person or by terest in L & S. Further, no contention nically, financially, and otherwise quali­ attorney, shall, within twenty (20) days or showing is made that Morris, Leon, fied to construct, own and operate as of the mailing of this order, file with and/or Julius Leder, because of their proposed, but in view of the fact that the Commission in triplicate, a written common property interests or relation­ the proposals are mutually exclusive, appearance stating an intention to ap­ ship to Samuel Leder, had any influence they must be designated for hearing in pear on the date fixed for the hearing in the operation of WLSE. The Com­ a consolidated proceeding on the issues and present evidence on the issues mission has consistently held that specified below. specified in this order. family relationship standing alone is in­ Accordingly, it is ordered, That pur­ I t is further ordered, That the appli­ sufficient to create the presumption of suant to section 309(e) of the Communi­ cants herein shall, pursuant to section common control. See WPTF Radio Co., cations Act of 1934, as amended, the 311(a) (2) of the Communications Act of 23 FCC 12 R.R. 609, 669, Sheffield Broad­ above-captioned applications are desig­ 1934, as amended, and § 1.594 of the casting Co., FCC 62-339, 21 R.R. 507, nated for hearing in a consolidated pro­ Commission’s rules, give notice of the 514a, East Arkansas Broadcasting, Inc., ceeding, at a time and place to be speci­ hearing, either individually or, if feasible FCC 60-1283, 20 R.R. 934; and Southern fied in a subsequent order, upon the and consistent with the rules, jointly, Indiana Broadcasters, FCC 56-732, 14 following issues: within the time and in the manner pre­ R.R. 117. Furthermore, the facts devel­ 1. To determine the areas and popula­ scribed in such rule, and shall advise the oped by Seaboard with respect to the tions which would receive primary serv­ Commission of the publication of such L & S proposal do not support a denial ice from the proposed operations of notice as required by § 1.594(g) of the of the L & S application as inconsistent John C. Hall and L & S Broadcasting rules. with the multiple ownership rule. The Co. and the availability of other primary petition does not meet the requirements service to such areas and populations. Adopted: January 25,1967. 2. To determine the areas and popu­ of §1.580(i) of the rules, which states Released: February 3,1967. that a petition to deny “shall contain lations which may be expected to gain specific allegations of fact sufficient to or lose primary service from the pro­ F ederal C ommunications show * * * that a grant of the ap­ posed operation of Station WNCT and C o m m is s io n ,1 plication would be prima facie incon­ the availability of other primary serv­ [ s e a l] B e n F. -Wa p l e , sistent with the public interest, con­ ice to such areas and populations. Secretary. 3. To detemine with respect to the venience, and necessity”. Accordingly, application of John C. Hall: [F.R. Dob. 67-1476; Filed, Feb. 7, 1967; the petition for dismissal of the L & S (a) The applicant’s true net worth, 8:46 a.m.] application filed by Seaboard Broad­ and the amount of liquid assets avail­ casting Corp. will be denied. In view able to finance the proposed station. 1 Statement in which Commissioner Bart­ of the fact that the supplementary com­ (b) In view of the evidence adduced ley concurs in part and dissents in part and in which Commissioner Johnson concurs filed ments filed by L & S and the motion to in 3(a), whether the applicant has suf­ as part of the original document; Commis- strike those comments add nothing to ficient additional funds available to him ioner Lee absent.

FEDERAL REGISTER, VOL. 32, NO. 26— WEDNESDAY, FEBRUARY 8, 1967 NOTICES 2669

[Docket Nos. 17148-17150; FCC 67M-177] held in the offices of the Commission, added to the city within the past few years. L & S BROADCASTING CO. ET AL. Washington, D.C. Released: February 3,1967. 4. WKTE cites the case of West Cen­ Order Scheduling Hearing tral Ohio Broadcasters, Inc., 3 FCC 2d F ederal C ommunications 223 (Review Board, 1966) for the propo­ In re applications of L & S Broad­ C o m m is s io n , sition that engineering changes made to casting Co., Jacksonville, N.C., Docket [ s e a l ] B e n F. W a p l e , avoid conflicts with other stations may No. 17148, File No. BP-16329; Roy H. Secretary. refute the presumption that service to a Park Radio, Inc. (WNCT), Greenville, [F.R. Doc. 67-1479; Filed, Feb. 7, 1967; larger city is intended. For several rea­ N.C., Docket No. 17149, File No. BP- 8:46 a.m.] sons, West Central cannot be controlling 16563; John C. Hall, Ayden, N.C., Docket here. First, the proposal in that case No. 17150, File No. BP-16604; for con­ [Docket No. 17143; FCC 67-108] was for Xenia, Ohio, a city of 20,495, and struction permits. STOKES COUNTY BROADCASTING the application was for a new 250-watt It is ordered, This 30th day of Janu­ facility. WKTE, serving a considerably ary 1967, that Forest L. McClenning CO. (WKTE) smaller community, already has 500 shall serve as Presiding Officer in the Memorandum Opinion and Order watts power and is seeking 5 kilowatts. above-entitled proceeding; that the Designating Application for Hear­ Further, the proposal in West Central hearings therein shall be convened on resulted in 5 mv/m penetration of Day- March 21, 1967, at 10 a.m.; and that a ing on Stated Issues ton, Ohio, only after it had been amend­ prehearing conference shall be held on In re application of Stokes County ed to avoid conflict with a proposed new February 15,1967, commencing at 9 a.m.; Broadcasting Co. (W KTE), King, N.C., station elsewhere. In the instant case, And, it is further ordered, That all pro­ Docket No. 17143, File No. BP-16610; has: W KTE’s proposal penetrated Winston- ceedings shall be held in the offices of 1090 kc, 500 w, Day, Class II, requests: Salem’s boundaries even prior to the the Commission, Washington, D.C. 1090 kc, 5 kw, DA-Day, Class II; for con­ amendment to avoid conflict with the Released: February 3, 1967. struction permit. Kingsport proposals. It is true that 1. The Commission has before it (a) W KTE’s directional proposal was engi­ F ederal C ommunications the above-captioned application of neered to avoid interference problems C o m m is s io n , Stokes County Broadcasting Co. with other facilities as well as those in [ s e a l] B e n F. W a p le , (W KTE), for a construction permit to Kingsport, but the West Central case Secretary. modify existing facilities in King, N.C.; does not stand for the proposition that [F.R. Doc. 67-1477; Filed, Feb. 7, 1967; (b) an “Objection of Piedmont Publish­ any engineering arrangements made to 8:46 a.m.] ing Company,” 1 the licensee of Station permit a power increase while avoiding WSJS, Winston-Salem, N.C.; and (c) overlap from other stations will serve to [Docket No 16766; FCC 67M-166] pleadings in opposition and reply thereto. rebut the policy statement presumption. 2. The applicant’s proposed 5 mv/m 5. W KTE emphasizes the fact that its MOUNT-ED-LYNN, INC contour would penetrate a small portion 5 mv/m penetration of Winston-Salem is minimal and only involves the marginal Order Rescheduling Hearing of Winston-Salem, N.C., a city with a population exceeding 50,000 and con­ boundaries of the city—areas added to In re application of Mount-Ed-Lynn, taining more than twice the population the city limits in recent years. Although Inc., Mountlake Terrace, Wash., Docket of King. (The 1960 population of Win­ the Commission has taken the factor of No. 16766, File No. BP-16882; for con­ ston-Salem was 111,135. The popula­ degree of penetration into account in the struction permit. tion of King was unlisted in the census past, this has been done only where the Pursuant to agreement of counsel ar­ reports.) proposal was for a low-power facility in rived at during the further prehearing 3. Piedmont asserts that the commu­ a substantial-sized suburban city not conference held on this date: I t is or­ nity of King, N.C., is an unincorporated currently being served by a standard dered, This 30th day of January 1967, town of less than 1,000 persons, that broadcast station. See, e.g., Du Page that the hearing in the above-entitled W K TE ’s proposed 5 mv/m contour would County Broadcasting, Inc., 5 FCC 2d proceeding will be held at 10 a.m. on penetrate the city limits of Winston- (1966) .3 March 27, 1967, in the offices of the Salem3 and that the applicant has not 6. We are of the opinion that WKTE Commission, Washington, D.C. demonstrated why an increase in power has not succeeded in overcoming the pre­ from 500 watts to 5 kilowatts is required. sumption of intention to serve Winston- Released: February 1,1967. In response, W KTE states that its pres­ Salem and that an evidentiary hearing F ederal C ommunications ent application is an amended proposal must be held to explore the matter Co m m is s io n , specifying directional operation, that it further. [ se al] B e n F. W a p l e , was amended to avoid a conflict with two 7. Except as indicated by the specified Secretary. Kingsport, Tenn., applications for the issues below, the applicant is qualified to [F.R. Doc. 67-1478; Filed, Feb. 7, 1967; same frequency, and that its directional construct and operate as proposed; how­ 8:46 a.m.] pattern was necessary to avoid interfer­ ever, in view of the foregoing, the Com­ ence with the Kingsport proposals and mission is unable to find that a grant of with existing stations on the frequency. the application would serve the public [Docket No. 17143; FCC 67M-178] Additionally, the applicant argues that interest, convenience and necessity, and its proposed revenues are based “large­ STOKES COUNTY BROADCASTING is of the opinion that it must be desig­ ly” on advertising sources in the King nated for hearing oh the issues set forth CO. (WKTE) area, and states that “it is not expected below. Order Scheduling Hearing that much, if any, revenue will be derived Accordingly, it is ordered, That, pur­ from the city of Winston-Salem.” suant to section 309(e) of the Communi­ In re application of Stokes County Finally, W KTE points out that its pene­ cations Act of 1934, as amended, the ap­ Broadcasting Co. (W KTE), King, N.C., tration of Winston-Salem is minimal and Docket No. 17143, File No. BP-16610; for that it involves only areas that have been plication is designated for hearing, at a construction permit. It is ordered, This 30th day of January 1 The Piedmont objection is in the nature 3 The policy statement recognized that 1967, that Jay A. K yle shall serve as Pre­ of a petition to deny, and was filed after the penetration of a city with a 5 mv/m signal siding Officer in the above-entitled pro­ published cutoff date for WKTE’s proposal. “generally results in the propagation of a ceeding; that the hearings therein shall However, the objection was filed pursuant to competitive signal over a heavily populated sec. 1.587 of the Commission’s rules, and will area of substantial size * * Thus it is be convened on March 20, 1967, at 10 be treated as an informal objection. clear that degree of penetration, however a.m.; and that a prehearing conference 2 Policy statement on Sec. 307(b); Consid­ small, is not an argument against applica­ shall be held on February 10, 1967, com­ erations for Standard Broadcast Facilities tion of the presumption, unless other com­ mencing at 9 a.m.: And, it is further Involving Suburban Communities, 2 FCC 2d pelling arguments in rebuttal are also ordered, That all proceedings shall be 190 adopted Dec. 22,1965. present.

FEDERAL REGISTER, VOL. 32, NO. 26— WEDNESDAY, FEBRUARY 8, 1967 2670 NOTICES time and place to be specified in a sub­ struction permit shall include the fol­ Provided, That if the Hearing Examiner sequent order, upon the following issues: lowing conditions: is not notified by March 1,1967, that the 1. To determine the areas and popula­ Pending a final decision in Docket No. agreement is near execution he will in tions which may be expected to gain or 14419 with respect to presunrise opera­ any event set a complete new schedule. lose primary service from the proposed tion with daytime facilities, the present In other respects the motion is denied. provisions of § 73.87 of the Commission operation of Station WKTE and the Released: February 3, 1967. availability of other primary service to rules are not extended to this authori­ such areas and populations. zation, and such operation is precluded. F ederal C ommunications 2. To determine whether the proposal Permittee shall accept any overlap C o m m is s io n , of Stokes County Broadcasting Co. that may result from a grant of the ap­ [ s e a l ] B e n F. W a p l e , (W KTE) will realistically provide a local plication of William R. Livésay, File No. Secretary. transmission facility for its specified sta­ BP-16859, Kingport, Term. [F.R. Doc. 67-1481; Filed, Feb. 7, 1967; tion location or for another larger com­ Adopted: January 25, 1967. 8:46 a.m.] munity, in light of all the relevant evi­ dence, including, but not necessarily Released: February 2, 1967. limited to, the showing with respect to: F ederal C ommunications (a) The extent to which the specified C o m m is s io n , station location has been ascertained by FEDERAL MARITIME COMMISSION [ s e a l ] B e n F. W a p l e , the applicant to have separate and dis­ Secretary. FOREIGN FORWARDING OF tinct programing needs; MILWAUKEE ET AL. (b) The extent to which the needs of [F.R. Doc. 67-1480; Filed, Feb. 7, 1967; 8:46 a.m.] the specified station location are being Notice of Agreements Filed for met by existing standard broadcast Approval stations; [Docket No. 16921; FCC 67M-173] (c) The extent to which the appli­ Notice is hereby given that the fol­ cant’s program proposal will meet the ULTRAVISION BROADCASTING CO. lowing freight forwarder cooperative specific unsatisfied programing needs of working agreements have been filed with its specified station location; and AND COURIER CABLE CO., INC. the Commission for approval pursuant (d) The extent to which the projected Memorandum Opinion and Order to section 15 of the Shipping Act, 1916, sources of the applicant’s advertising Continuing Hearing as amended (39 Stat. 733, 75 Stat. 763, revenues within its specified station lo­ 46 U.S.C. 814). cation are adequate to support its pro­ In the matter of the petition of Florian Interested parties may inspect and posal, as compared with its projected R. Burczynaski, Stanley J. Jasinski and obtain a copy of the agreements at the sources from all other areas. Roger K. Lund, doing business as Ultra­ Washington office of the Federal Mari­ 3. To determine, in the event that it is vision Broadcasting Co., Buffalo, N.Y.; to time Commission, 1321 H Street NW., concluded pursuant to the foregoing is­ stay construction and prevent extension Room 609. Comments with reference to sue (a) that the proposal of the appli­ of CATV system operated in Buffalo by an agreement including a request for cant will not realistically provide a local Courier Cable Co., Inc., Docket No. 16921. hearing, if desired, may be submitted to transmission service for its specified sta­ By Herbert Sharfman, Hearing Exam­ the Secretary, Federal Maritime Com­ tion location, whether such proposal iner: mission, Washington, D.C. 20573, within meets all of the technical provisions of 1. On February 1, 1967, counsel for 20 days after publication of this notice in the rules, including §§ 73.30, 73.31 and Courier Cable Co., Inc., filed a consent the F ederal R e g ister . A copy of any 73.188(b) (1) and (2 ), for standard motion for further revision of hearing such statement or request for a hearing broadcast stations assigned to the most schedule to permit the negotiation and should also be forwarded to each of the populous community for which it is de­ possible execution of an agreement parties to the agreement (as indicated termined that the proposal will realis­ which, it is asserted, may shorten or ob­ hereinafter), and the comments should tically provide a local transmission serv­ viate hearing. If the agreement is indicate that this has been done. ice; namely, Winston-Salem, N.C. “finalized” (whether this means finally Unless otherwise indicated, these 4. To determine, in the light of the executed or only that its “final terms agreements are nonexclusive, cooperative evidence adduced pursuant to the fore­ * * * will have been established” is working agreements under which the going isues, whether a grant of the ap­ uncertain) by'February 27, as now ex­ parties may perform freight forwarding plication would serve the public inter­ pected, a further prehearing conference services for each other. Forwarding and est, convenience and necessity. would be requested “so that the remain­ service fees are to be agreed upon on I t is further ordered, That the objec­ ing procedural steps to be taken in this each transaction. Ocean freight com­ tion of Piedmont Publishing Co. is case can be agreed upon.” From this the pensation is to be divided as agreed be­ granted. Hearing Examiner gathers that discus­ tween the parties. It is further ordered, That, to avail sions may continue beyond February 27. itself of the opportunity to be heard, the By that date, according to the proposed Foreign Forwarding of Milwaukee, applicant, pursuant to § 1.221(c) of the revised schedule, Courier Cable would Milwaukee, Wis. and J. R. Michels, Commission’s rules, in person or by at­ Inc., Houston, Tex______FF-3240 have “ to furnish exhibits under issues on Dever, Inc., Philadelphia, and torney, shall, within twenty (20) days of which it has the burden of going for­ Charleston Overseas Forwarders, the mailing of this order, file with the ward.” If the hearing is eventually “ob­ Charleston, S.C______FF-3241 Commission in triplicate, a written ap­ viated”— that is, not held at all— there Seaport Shipping Co., Portland, pearance stating an intention to appear would be no sense in prescribing that Oreg., and Common Market For­ on the date fixed for the hearing and Courier Cable furnish exhibits which warders, Inc., New York, N .Y_____ FF-3242 present evidence on the issues specified later negotiations would make unneces­ Wehrli Shipping Co., Inc., New York, N.Y., and J. H. Russell Forwarding in this order. sary. The only reasonable course is to It is further ordered, That the appli­ Co., Inc., New Orleans, La______FF-3244 cancel the procedural schedule, and rule W. G. Carroll & Co., Inc., Atlanta, cant herein shall, pursuant to § 1.594 of that the setting of a new schedule should Ga., and American Union Trans­ the Commission rules, and section 311(a) await developments. port Forwarding, Inc., New York, (2) of the Communications Act of 1934, 2. Accordingly, it is ordered, This 2d N.Y ______■______FF-3245 as amended, give notice of the hearing, day of February 1967, that the consent Marion International, Inc., New within the time and in the manner pre­ motion for further revision of hearing York, N.Y., and T. D. Downing Co., scribed in such rule, and shall advise the schedule, filed for Courier Cable on Feb­ Boston, Mass______FF-3246 Commission of the publication of such John S. James, Savannah, Ga., and ruary 1, 1967, is granted to the extent Godwin Shipping Co., Inc., Mo­ notice as required by § 1.594(g) of the that the entire procedural schedule (see bile, Ala______FF-3247 Commission rules. FCC 67M-56, released January 12, 1967) Herb B. Meyer & Go., Inglewood, I t is further ordered, That in the event is canceled. The hearing is in indefi­ Calif., and Enterprise Shipping of a grant of the application the con­ nite continuance, pending developments: Corp., San Francisco, Calif______FF-3248

FEDERAL REGISTER, VOL. 32, NO. 26— WEDNESDAY, FEBRUARY 8, 1967 NOTICES 2671

L. E. Coppersmith, Inc., Los Angeles, Smith St Kelly Co., Savannah, Ga., J. W . Hampton, Jr. & Co. of Philadelphia, Calif., and Imperial Household and 7 Brothers International, (Dorothea E. Leake, d.b.a.), 1308 Mall Shipping Co., Inc., Torrance, Inc, Miami, Fla______FF-3264 Building, Philadelphia, Pa. 19106, License C a l i f ___tr,______- FF-3249 No. 396, canceled Jan. 10, 1967. Block Overseas Shipping Co., New Agreement No. FF-3243 between (a) Henry Vila, Inc, 80 Wall Street, New York, York, N.Y., and Oceanic Forward­ Major Forwarding Co, Inc, New York, N.Y, License No. 372, canceled Jan. 23, ing Co., San Francisco, Calif_____ FF-3250 N.Y, and (b) H. S. Thielen, Inc, Lake 1967. Allen Forwarding Co., Philadelphia, Charles, La, is a cooperative working Notice is hereby given that the follow­ Pa., and Common Market For­ agreement whereunder on shipments of warders, Houston, Tex______FF-3251 ing applicants have filed with the Federal paper, paper products or woodpulp, party Advance Shipping Co., New York, Maritime Commission, applications for N.Y, and Transoceanic Shipping (a) agrees to share brokerage with party licenses as independent ocean freight (b) on the basis of 33% percent for party Co., Houston, Tex______FF-3252 forwarders, pursuant to section 44(a) of John S. James, Savannah, Ga., and (b) and 66% percent for party (a ). In the Shipping Act, 1916 (75 Stat. 522 and C. A. Hartnett, Boston, Mass_____ FF-3255 no case would this remuneration to party Heemsoth-Kerner Corp., New York, 46 U.S.C. 841(b)). (b) be less than $5 per shipment. For Persons knowing of any reason why N.Y., and Heide Co., Inc., Wilming­ shipment of all other commodities, party ton, N.C. (Branch) ______FF-3257 any of the following applicants should (a) agrees to party (b) a minimum not receive a license are requested to charge of $5 forwarding fee, plus $1 for Agreement No. FF-3253 between Pen- communicate with the Director, Bureau son Forwarding Corp., New York, N.Y. passing export declaration, plus 33% per­ of Domestic Regulation, Federal Mari­ (Branches), and Air-Sea Forwarders, cent of the steamship brokerage. As time Commission, Washington, D.C. Inc, Los Angeles, Calif., is a cooperative heretofore, party (a) would arrange for 20573. working agreement whereunder the fee shipping space, preparation of documents for forwarding services rendered by and pay for all telegraph expense or col­ P & O Lines (North America), Inc, 155 Post Street, San Francisco, Calif. 94108, Warren either party shall be agreed upon by the lect telephone calls. Party (b) would be S. Titus, president-director, Chalmers parties upon the basis of the services per­ expected to complete all the necessary Graham, director, William Pflueger, direc­ formed on each shipment. Compensa­ documents and present them to the car­ tor, George M. Turner, vice president, tion receivedjfrom ocean carriers shall riers, or customs house, or consulates for Henry R. Rolph, secretary. be divided by the parties in the following certification and have them returned to Agapito Torres Maldonado, 39 A First Street, manner: 50 percent to Air-Sea Forward­ party (a) promptly. Urbanización Constancia, Post Office Box ers, Inc., and 50 percent to Penson For­ 1763, Ponce, P.R. 00731, Agapito Torres Maldonado, owner. warding Corp. The aforementioned Notice of Agreements Subject to agreement between the parties indicated Cancellation Notice is hereby given of changes in is augmented by the following provi­ Notice is hereby given that the follow­ the following independent ocean freight sions: Any domestic/overseas ocean ing independent ocean freight forward­ forwarder licenses and applications. freight traffic which has originated by er cooperative working agreement ap­ A ddress C h a n g e s PFC will be handled by Air-Sea in the proved by the Commission pursuant to name of PFC. At the option of Air-Sea it Mittelstaedt, Galaviz & Mylin, 214 Front section 15 of the Shipping Act, 1916, as Street, San Francisco, Calif. 94111, License may use the name of PFC, N.Y. or PFC, amended (39 Stat, 733, 75 Stat. 763, 46 No. 953. Chicago. U.S.C. 814) is scheduled for cancellation Mattoon & Co, In c , 244 Jackson Street^ San Agreement No. FF-3254 between inasmuch as in accordance with the Francisco, Calif. 94111, License No. 275. Morris & Co., Lake Charles, La., and terms therein the parties to the agree­ Arthur J. Fritz & Co, 244 Jackson Street, W ehrli Shipping Co., Inc., New York, ment have requested in writing that the San Francisco, Calif. 94111, License No. N.Y., is a cooperative working agreement, agreement be terminated. 275. whereunder all forwarding work accom­ Worlex Corp, 25 Broadway, New York, N.Y, Sunshine Forwarders, Inc, Jackson­ License No. 1114. plished by Party (a), Morris & Co. for ville, F la, and Meyer Shipping D. Hauser, In c , 16 Beaver Street, New York, Party ( b ) , Wehrli Shipping Co., Inc., will Co, New York, N.Y______FF-2843 N.Y. 10004, License No. 378. be on the basis of earning 100 percent of Dated: February 3, 1967. Jet Forwarding, Inc, 2945 Columbia Street, the fee. Ocean freight brokerage will be Torrance, Calif. 90503, License No. 1069. on the basis of 100 percent for Party (b ). Thomas Lisi, C. H. Powell Co, Inc, 25 Broadway, Room Agreement No. FF-3256 between Secretary. 1056, New York, N.Y. 10004, License No. George M. Leininger Co., Inc., New 176. [F.R. Doc. 67-1482; Filed, Feb. 7, 1967; L. V. De Malio, 15 Park Row, New York, N.Y. Orleans, La., and W ehrli Shipping Co., 8:46 a m .] New York, N.Y, is a cooperative work­ 10038, License No. 1125. ing agreement whereunder the fee for Rohner, Gehrig & Co, Inc. (Branch), 5428 West 104th Street, Los Angeles, Calif. forwarding services rendered by either 90045, License No. 375. party shall be agreed upon by the parties MADISON SHIPPING CO., INC., Mattoon & Co, Inc. (Branch), 204 Decatur upon the services performed on each ET AL. Street, New Orleans, L a , License No. 275. shipment. Compensation received from Buchholz & Kuttruff, Inc, 508 Cigali Build­ ocean carriers shall be divided by the Independent Ocean Freight For­ ing, New Orleans, La. 70130, License No. parties in the following manner: 50 per­ warder Licenses and Applications 602. cent to Wehrli Shipping Co. and 50 per­ Therefor Consolidated Forwarding Co, 299 Broadway, cent to George M. Leininger Co., Inc. Room 410, New York, N.Y. 10007, License Notice is hereby given of the cancella­ No. 696. Universal Transcontinental Corp., tion of the following independent ocean Cohen-Plaat Co, Inc, 26 Beaver Street, New New York, N.Y., and Smith & York, N.Y. 10004, License No. 132. Kelly Co., Savannah, Ga___;_____ FF-3258 freight forwarder licenses. D. Lee Kraus & Co, 303 East Fayette Street, John H. Faunce, Inc., New York, Madison Shipping Co, Inc., 401 Broadway, N.Y., and Paul A. Boulo & Co., Mo­ Baltimore, Md. 21202, License No. 1072. New York, N .Y , License No. 427, canceled John E. Coleman & Co, 615 Montgomery bile, Ala------FF-3259 Dec. 28,1966. H. B. Thomas & Co., Los Angeles Street, Room 417, San Francisco, Calif. Calif. (Branches,) and Marion Fairview Forwarders, Inc, 513 Napoleon Ave­ 94111, License No. 1040. International, Inc., New York, nue, New Orleans, La. 70115, License No. Edmond Loeliger, Inc, 1318 International 985, canceled Jan. 6, 1967. N.Y ...... FF-3260 Trade Mart Tower, New Orleans, La. 70130, John H. Faunce, Inc., New York, Seabird Forwarders, Inc, 1271 Sixth Avenue, License No. 930. N.Y., and A. R. Savage & Son, New York, N.Y. 10020, License No. 1054, R. G. Hobelmann & Co. of P a, Inc. (Bran ch ), Tampa, Fla______FF-3261 canceled Jan. 6, 1967. 320 Board of Trade Building, Toledo, Ohio, Seaway Forwarding Co., Cleveland, Broad Street Forwarders, Inc, 1212 Avenue License No. 1029. Ohio, and Admiral Shipping of the Americas, New York, N.Y. 10036, Horizon Forwarders, Inc, 95 Broad Street, Corp,, Houston, Tex______FF-3262 License No. 261, canceled Jan. 10, 1967. New York, N.Y. 10004, License No. 1062. Chas. Kurz Co., Philadelphia, Pa., Acosta Shipping Corp, 38 Pearl Street, New San Francisco Freight Forwarders, Inc, 465 and H. D. Ardinger & Co., New York, N.Y. 10004, License No. 352, canceled California Street, San Francisco, Calif. York, N.Y______FF-3263 Jan. 10, 1967. 94104, Application.

FEDERAL REGISTER, VOL. 32, NO. 26— WEDNESDAY, FEBRUARY 8, 1967 No. 26—Pt.1---- 10 2672 NOTICES

C h a n g e o f Of f ic e r s Karr, Ellis & Co., Inc., 17 Battery Place, New for (1) the insertion of the words “in York, N.Y. 10004; License No. 230, Bene­ Coastal Forwarders, 24 Vendue Range, Post standard barrels, in standard casks, in dict A. Fiducia, vice president, John Dailey, standard demicasks” between the words Office Box 690, Charleston, S.C.; License No. vice president. 959, Nell McCasklll, Jr., partner, Edgar E. “olives” and “loaded” which appear in McCaskill, partner. — . C h a n g e o f N a m e the proviso to the loading ports listed American Express, 65 Broadway, New York, The Bartel Co., to The Bartel Shipping Co., in Category 4 of Article 3, and (2) the N.Y.; License No. 289, Glenn F. Call, assist­ Inc., 95 Broad Street, NeW York, N.Y., addition to the first paragraph of Article ant comptroller. License No. 108. 11 of a final sentence to read, as follows: W. J. Byrnes & Co., 95 Broad Street, New William R. Rowe Co., to William R. Rowe “For each of the subsequent periods, the York, N.Y.; License No. 39, Frank G. Bar- Corp., 311 California Street, San Fran­ basic quotas will be adjusted on basis reca, president, Joseph A. Gunther, execu­ cisco, Calif., License No. 1049. of actual carryings (not considering pen­ tive vice president, E. J. Sheridan, vice Leading Export Service Corp., Venezolana president, A. Firriola, vice president, J. J. alties) in the last preceding period, ac­ De Transportes, Inc., to Leading Export cording to the following formulas:” Gerard, vice president, J. J. Dooley, vice Service Corp., 11 Stone Street, New York, president, F. J. DeLucea, treasurer, J. A.' N.Y. 10004, License No. 1027. Dated: February 3, 1967. Sivenson, secretary. Joseph C. Murray & Co., to Joseph C. Murray Dumont Shipping Co., Inc., 11 Broadway, & Co., Inc., 44 Whitehall Street, New York, By order of the Federal Maritime Com­ New York, N.Y.; License No. 887, Charles N.Y. 10004, License No. 379. mission. J. Mueller, Jr., president/director, Eugene T h o m a s L i s i , Schramm, vice president, Charles J. Muel­ N e w A p p l ic a n t s L icensed Secretary. ler, Jr., treasurer, John P. McQuade, sec­ McCandless, Inc., 535 Gravier Street, New retary, Sol Abraham, assistant secretary, [F.R. Doc. 67-1484; Filed, Feb. 7, 1967; Orleans, La. 70130, License No. 1138, is­ Albert E. Bowen, Jr., director. 8:47 a.m.] sued Dec. 22, 1966. Worlex Corp., 25 Broadway, New York, N.Y.; Engel Brothers, Inc., 901 Julia Street, Eliza­ License No. 1114 (Branch), Marcello GUil- beth, N.J. 07201, License No. 1139, issued [Independent Ocean Freight Forwarder len, secretary/treasurer, Ramon Gonzalez, Jan. 10, 1967. License No. 1038] vice president. Transport Services International, Post Office Wm. A. Hausman Co., Inc., 1008 Western Ave­ Box 467, San Pedro, Calif. 90732, License H. C. MINER & CO. nue, Seattle, Wash. 98104; License No. 592, No. 1140, issued Jan. 25, 1967. Austen D. Hemion, president/director, Wm. San Francisco Freight Forwarders, Inc., 268 Revocation of License A. Hausman, vice president/director, John Market Street, San Francisco, Calif. 94111, Whereas, by order to show cause M. Molsherry, secretary/treasurer/director. License No. 1141, issued Jan. 25, 1967. served January 17, 1967, the Federal Trans Atlantic Shipping Co., Ltd., 52 Broad­ way, New York, N.Y. 10004; License No. Dated: February 3,1967. Maritime Commission ordered'that H. C. Miner & Co., Port Laudania Building 2, 1010, William P. Mulry, president, William T h o m a s L i s i , G. Sikora, secretary/treasurer. Secretary. Dania, Fla. 33004, on or before January Rohner, Gehrig & Co., Inc.; 1 Whitehall 30, 1967, either (1) submit a valid bond Street, New York, N.Y. 10004; License No. [F.R. Doc. 67-1483; Filed, Feb/ 7, 1967; effective on or before February 7, 1967, 375, J. A. Rohner, chairman, H. H. Babcock, 8:46 a.m.] or (2) show cause in writing or request director, J. J. Jacoby, director, Dr. N. a hearing to show cause why its license Jaquet, director/vice president, E. E. Zur- should not be suspended or revoked pur­ cher, president, Louis Francis, executive suant to section 44(d), Shipping Act, vice president, Ed. Blattner, vice president, MEDITERRANEAN-USA GREAT LAKES Joseph Setariano, secretary, Pasq. Ascione, WESTBOUND FREIGHT CONFERENCE 1916 (46 U.S.C. 841b) ; and assistant secretary, K. Baumann, treasurer. Whereas, H. C. Miner & Co. has failed Palmetto Shipping Co., Inc., Prioleau and Notice of Agreement Filed for within the time allotted to comply with Cordes Streets, Charleston, S.C.; License Approval the Commission’s order to show cause. No. 241, James P. Lamb, president/director, Now, therefore, by virtue of authority Cecile M. Vincent, secretary/treasurer/di- Notice is hereby given that the follow­ vested in me by the Federal Maritime rector, Robert Lillenthal, assistant secre­ ing agreement has been filed with the Commission as set forth in its order to tary/treasurer, John G. Bratton, vice presi­ Commission for approval pursuant to show cause served January 17, 1967. dent, Edward A. Inabinett, vice president, I t is ordered, That the independent J. Vernon Whitaker, chairman, Theodore section 15 of the Shipping Act, 1916, D. Maybank, director. as amended (39 Stat. 733, 75 Stat. 763, ocean freight forwarder license of H. C. Castelazo & Associates, 408 South Spring 46 U.S.C. 814). Miner & Co. be and is hereby revoked, Street, Los Angeles, Calif.; License No. 412, Interested parties may inspect and effective 12:01 a.m., February 7,1967. Leonard Q. Webster, president, Crispin J. obtain a copy of the agreement at the It is further ordered, That H. C. Miner Ruiz, vice president, Alien R. Susdell, Washington office of the Federal Mari­ & Co. return Independent Ocean Freight treasurer, Richard G. Croft, secretary. time Commission, 1321 H Street NW., Forwarder License No. 1038 to the Com­ Metro Shipping Corp., 50 Doncaster Road, Room 609; or may inspect agreements mission for cancellation. . Malveme, N.Y. 11565; License No. 368, W al­ at the offices of the District Managers, It is further ordered, That a copy of ter Siegler, president/treasurer, Gerda New York, N.Y., New Orleans, La., and this order be published in the F ederal Siegler, secretary. San Francisco, Calif. Comments with R egister and served on licensee. Nordisk Transport, Inc., 79 W all Street, Room 503, New York, N.Y.; License No. 929, reference to an agreement including a re­ J a m es E. M a zu r e , Lars Hannell, president/director, Staffan quest for hearing, if desired, may be Director, Kuylenstierna, vice president/general man­ submitted to the Secretary, Federal Mari­ Bureau of Domestic Regulation. ager, Aarian N. Conte, vice president/direc­ time Commission, Washington, D.C. tor, Donald. Cerasoli, treasurer, John F. [F.R. Doc. 67-1485; Filed, Feb. 7, 1967; 20573, within 20 days after publication 8:47 a.m.] Ryan, secretary/director, Louis Brickmeier, of this notice in the F ederal R e g ister . vice president. A copy of any such statement should also R. B. Comar, Inc., 194 East Bay Street, be forwarded to the party filing the SOUTH ATLANTIC STEAMSHIP Charleston, S.C. 29402; License No. 273, agreement (as indicated hereinafter) John E. Bevon, president/treasurer/direc- CONFERENCE tor, Michael P. Conlon, vice president/di­ and the comments should indicate that rector, John H. Qualey, vice president, this has been done. Notice of Agreement Filed for Falcon B. Hawkins, secretary, James E. Notice of agreement filed for approval Approval Utsey, assistant secretary, Sarah H. by: Notice is hereby given that the follow­ Schmonsees, assistant treasurer. Mr. Eric G. Brown, Secretary, Mediterranean- ing agreement has been filed with the Geo. S. Bush & Co., Inc., 255-262 Colman USA Great Lakes Westbound Freight Con­ Commission for approval pursuant to Building, Seattle, Wash. 98104; License ference, 10 Place de la Joliette, Marseilles, section 15 of the Shipping Act, 1916, as France. No. 308, Joseph W . Hansford, president, amended (39 Stat. 733, 75 Stat. 763, 46 Jack R. Tuben, vice president, M. J. Hoff­ Agreement 9020-1, between the mem­ U.S.C. 814) . man, vice president, S. M. Jones, secretary, bers of the Mediterranean-USA Great Interested parties may inspect and ob­ W ilbur W. Easter, chairman, H. I. Hoskins, Lakes Westbound Freight Conference, tain a copy of the agreement at the special consultant. modifies the basic agreement to provide Washington office of the Federal Mari-

FEDERAL REGISTER, VOL. 32, NO. 26— WEDNESDAY, FEBRUARY 8, 1967 NOTICES 2673 time Commission, 1321 H Street NW., Maine”), the latter two being affiliates Room 609; or may inspect agreements SECURITIES AND EXCHANGE of other public utility companies. at the office of the District Managers, These other three sponsor-companies New York, N.Y., New Orleans, La., and COMMISSION propose to acquire shares of the Vermont San Francisco, Calif. Comments with Yankee common stock, but such acqui­ [70—4435] reference to an agreement including a sitions are not subject to Commission request for hearing, if desired, may be VERMONT YANKEE NUCLEAR approval under the Act. submitted to the Secretary, Federal POWER CORP. ET AL. Vermont Yankee’s plant, to be located Maritime Commission, Washington, D.C. in Vernon, Vt., is expected to be in opera­ 20573, within 20 days after publication Notice of Filing Regarding Issue of tion in 1970. It is to have an initial of this notice in the F ederal R eg ister . Common Stock by Public Utility capacity of about 540 megawatts and is A copy of any such statement should also expected to produce electric energy at an be forwarded to the party filing the Company and Its Acquisition by estimated generating cost of approxi­ agreement (as indicated hereinafter) Subsidiary Companies of Registered mately 4 mills per KWH, which is stated and the comments should indicate that H old ing Companies and by to be about one-half to three-fourths of this has been done. Affiliates of Other Public Utility a mill less than might be expected from Notice of agreement filed for approval Companies a comparable fossil-fuel plant. Power sold by Vermont Yankee will be delivered by: F e b r u a r y 1, 1967. Mr. E. J. Middleton, Secretary, South Atlantic at its plant for transmission over the Steamship Conference, Post Office Box 96, In the matter of Vermont Yankee Nu­ coordinated New England Transmission Savannah Bank & Trust Building, Savan­ clear Power Corp., 77 Grove Street, Rut­ Grid interconnecting the electric systems nah, Ga. 31402. land, Vt. 05701; Central Vermont Public of all of the sponsor-companies, thus Service Corp.; Green Mountain Power assuring that each sponsor-company Agreement 8310-5, between the mem­ Corp.; New England Power Co. the will receive energy equivalent to its share ber lines of the South Atlantic Steam­ Connecticut Light & Power Co.; Mon- of the output of the Vermont Yankee ship Conference, modifies the basic taup Electric Co.; the Hartford Electric plant. agreement to provide for the deletion of Light Co.; Western Massachusetts Elec­ Each of the sponsor-companies has en­ the present provisions of Articles (9) and tric Co. (10) which relate to the examination of tered into a written commitment with Notice is hereby given that a joint ap­ Vermont Yankee to purchase the per­ any books, records, accounts and docu­ plication has been filed with this Com­ ments of any member of the Conference centage, set forth below, of Vermont mission pursuant to the Public Utility Yankee’s common stock, not exceeding charged with a breach of the agreement Holding Company Act of 1935 (“Act” ) and arbitration of disputes arising there­ $50 million in the aggregate for all for authorization of the issuance by Ver­ sponsor-companies, and to purchase under, and for the renumbering of mont Yankee Nuclear Power Corp. (“Ver­ Articles (11), (12), (13), (14), (15), from Vermont Yankee, for a period of at mont Yankee”) of shares of its common least 25 years, the same percentage of (16), (17), and (18) as (9), (10), (11), stock to finance, in part, a proposed (12), (13), (14), (15), and (16). the total capacity and output of the plant nuclear-powered electric generating at a price based on Vermont Yankee’s It also proposes the amendment of the plant and for approval of the acquisition basic agreement by the addition of new cost of service, including provision for an of shares of Vermont Yankee common appropriate return on its net investment articles which (1) provide that each stock by the other seven companies member of the Conference shall be re­ in the plant. The terms and conditions named above. The application desig­ of such arrangements are to be mutually sponsible and liable for the acts and nates sections 6(b), 9(a), and 10 of the omissions in violation of the agreement agreed upon. The sponsor-companies Act as applicable to the proposed trans­ and their respective applicable percent­ of its officers, employees, agents, or sub­ actions. All interested persons are re­ agents and of related entities subject to ages of stock and power entitlement are ferred to the joint application, which is as follows: the control of the member, directly or summarized below, for a complete state­ indirectly; (2) spell out certain matters Percent ment of the proposed transactions. Central Vermont______35.0 which constitute violations of the agree­ Vermont Yankee was incorporated ment; (3) provide for arbitration of Green Mountain______20. 0 under the laws of Vermont on August 4, N E P C O ...... 20.0 those violations of the agreement in the 1966, to construct, own, and operate a CL&P ______6.0 event that the members found guilty are nuclear - powered electric generating Central Maine--______- 4. 0 dissatisfied with the determinations, and plant to supply electric energy to the PSNH ______4. 0 outline the procedure for requesting ar­ following 10 New England electric utility H a rtfo rd ______3.5 Cambridge ______2. 5 bitration. Savannah, Ga., is designated companies (“sponsor-companies”) , in­ as the site of arbitration proceedings un­ Montaup - ______2. 5 cluding the 7 applicant-companies WMECO ______2. 5 less the parties agree upon a different named above. New England Power Co. site; (4) stipulate the penalties to be (“NEPCO”), an exempt holding com­ T o t a l ...... 100. 0 assessed for such violations and the dis­ pany, is also a subsidiary company of position which will be made thereof; (5) New England Electric System (“NEES”) , In accordance with the commitments outline the procedure for the investiga­ a registered holding company. The set forth above, it is proposed that Ver­ tion of complaints of alleged violations; Connecticut Light & Pow er Co. mont Yankee will issue, from time to (6) provide that each member within 30 (“CL&P”), the Hartford Electric Light time, 100,000 shares of its common stock, days of the effective date of the agree­ Co. (“Hartford”) , and Western Massa­ par value $100 per share, and each spon­ ment or upon admission to membership chusetts Electric Co. (“WMECO”) are sor-company will acquire its applicable shall furnish a financial guarantee in subsidiary companies of Northeast Utili­ percentage of such shares. The 100,000 the amount of $25,000 of its compliance ties, a registered holding company. shares will be sold for cash, at their with the terms and conditions of the Montaup Electric Co. (“Montaup”) is a aggregate par value of $10 million, as agreement and with its rules and regula­ subsidiary company of Eastern Utilities funds may be needed to acquire and tions. Provision is also made for the re­ Associates, a registered holding company. prepare the site on which the plant is to fund of this guarantee to the depositing Central Vermont Public Service - Corp. be located, and for necessary engineer­ member after termination of member­ (“Central Vermont” ) is an exempt hold­ ing, design and preliminary construc­ ship under certain conditions. ing company. Green Mountain Power tion. Dated: February 3, 1967. Corp. (“Green Mountain”) is an affili­ Vermont Yankee expects to obtain its ate of another public-utility company. capital requirements, now estimated at a By order of the Federal Maritime The other three sponsor-companies are total of from $100 to $110 million, by the Commission. Cambridge Electric Light Co. (“Cam­ issuance of additional shares of common Thomas Lisi, bridge”), a subsidiary company of an stock to the sponsor-companies and by Secretary. exempt holding company; Public Serv­ the issuance of bonds and other senior [F.R. Doc. 67-1486; Filed, Feb. 7, 1967; ice Co. of New Hampshire (“PSNH”), securities, all of which will be the sub­ 8:47 a.m.] and Central Maine Power Co. (“Central ject of further filings with this Commis-

FEDERAL REGISTER, VOL. 32, NO. 26— WEDNESDAY, FEBRUARY 8, 1967 2674 NOTICES sion by Vermont Yankee as a subsidiary D.C. 20549. A copy of such request tracts, patents and applications therefor, company of NEES and of Northeast should be served personally or by mail licenses, certificates of stock and of de­ Utilities. (airmail if the person being served is lo­ posit, and any other liens, powers, rights, The Board of Directors of Vermont cated more than 500 miles from the point charges on and interest in or to prop­ Yankee will be composed of three rep­ of mailing) upon the applicants at the erty o f any kind, legal and equitable, now resentatives of Central Vermont; two above-stated address, and proof of serv­ or hereafter held by the Small Business representatives of NEPCO and Green ice thereof (by affidavit or, in case of an Administration or its Administrator. Mountain; and one representative of attorney at law, by certificate) should be b. The execution and delivery of as­ Central Maine, Montaup, Cambridge, filed contemporaneously with the re­ signments, subordinations, releases (in and PSNH. CL&P, H a rtfo rd and quest. A t any time after said date, the whole or part) of liens, satisfaction WMECO will have together two repre­ joint application, as filed or as it may be pieces, affidavits, proofs of claim in bank­ sentatives. Each of Vermont Yankee’s amended, may be granted as provided ruptcy or other estates and such other principal officers will be an officer of one in Rule 23 of the general rules and regu­ instruments in writing as may be appro­ of the sponsor-companies. Certain pirn- lations promulgated under the Act, or priate and necessary to effectuate the chasing, financial, accounting, engineer­ the Commission may grant exemption foregoing. ing, and similar services will be per­ from such rules as provided in Rules c. The approval of bank applications formed, at cost, for Vermont Yankee by 20(a) and 100 thereof or take such other for use of liquidity privilege under the one or more of the sponsor-companies or action as it may deem appropriate. loan guaranty plan. their affiliates. Persons who request a hearing or ad­ d. Except: (a ) To compromise or sell The Vermont Public Service Board has vice as to whether a hearing is ordered any primary obligation or other evidence jurisdiction over the issue of common will receive notice of further develop­ of indebtedness owed to the Agency for stock by Vermont Yankee. The Massa­ ments in this matter, including the date a sum less than the total amount due chusetts Department of Public Utilities of the hearing (if ordered) and any post­ thereon; and (b) to deny liability of the has jurisdiction over the acquisition of ponements thereof. Small Business Administration under the the common stock of Vermont Yankee by By the Commission. terms of a participation or guaranty NEPCO, Cambridge, Montaup, and agreement, or the assertion of a claim WMECO. The orders of these agencies [ s e a l ] O rval L . D u B o is , for recovery from a participating bank will be filed herein by amendment. No Secretary. under any alleged violation of a partici­ other State commission and no Federal [F.R. Doc. 67-1447; Piled, Peb. 7, 1967; pation or guaranty agreement. commission, other than this Commission, 8:45 a.m.] B. Supervisory Loan Officer ( Econom­ has jurisdiction over the proposed trans­ ic Development). 1. To close and dis­ actions. The rates at which Vermont burse sections 501 and 502 loans. Yankee’s electric output is to be sold to 2. To extend the disbursement period the sponsor-companies will be subject SMALL BUSINESS on sections 501 and 502 loan authoriza­ to the jurisdiction of the Federal Power tions or undisbursed portions of sections Commission. ADMINISTRATION 501 and 502 loans. Expenses of Vermont Yankee in con­ [Delegation of Authority No. 30-6 (Rev. 2) ] 3. To cancel wholly or in part undis­ bursed balances of partially disbursed nection with the issue and sale of com­ ECONOMIC DEVELOPMENT COORDI­ mon stock, including legal fees and ex­ sections 501 and 502 loans. penses aggregating $24,500, are estimated NATOR, ET AL., SOUTHWESTERN AREA 4. T o take all necessary actions in con­ nection with the administration, servic­ at $27,875. Aggregate expenses of the Delegation of Authority To Conduct ing, and collection; and to do and per­ sponsor-companies are estimated at a Program Activities total of $12,700 ranging from $200 to form and to assent to the doing and $3,000 in individual cases. Pursuant to the authority delegated performance of, all and every act and thing requisite and proper to effectuate to the Area Administrators by Delega­ Applicants request exemption, pur­ the granted powers, including without suant to the provisions of paragraph tion of Authority No. 30 (Revision 12), 32 F.R. 179, dated January 7, 1967, the limiting the generality of the foregoing. (a) (5) (B) of Rule 50 promulgated under a. The assignment, endorsement, following authority is hereby redelegated the Act, from the competitive bidding transfer and delivery (but in all cases to the positions as indicated herein: requirements of that rule for the pro­ without representation, recourse or war­ 1. Area coordinators: posed issuance and sale by Vermont ranty) of notes, claims, bonds, deben­ Yankee of its common stock. A. Economic Development Coordina­ tor. **1. To approve or decline sec­ tures, mortgages, deeds o f trust, con­ The sponsor-companies of Vermont tracts, patents and applications therefor, Yankee, with the exception of Green tion 501, State Development Company loans without dollar limitation and sec­ licenses, certificates o f stock and of de­ Mountain, are among the sponsor-com­ posit, and any other liens, powers, rights, tion 502, Local Development Company panies of two other New England charges on and interest in or to property loans up to $350,000 (SBA share). nuclear-powered generating companies, of any kind, legal and equitable, now or 2. T o close and disburse sections 501 under arrangements which, except for hereafter held by the Small Business Ad­ and 502 loans. the respective percentages of stock own­ ministration or its Administrator. ership and power entitlement, are sub­ 3. To extend the disbursement period b. The execution and delivery of as­ stantially similar to those involved in on sections 501 and 502 loan authoriza­ signments, subordinations, releases (in this proceeding. See Yankee Atomic tions or undisbursed portions of sections whole or part) of liens, satisfaction Electric Company, 36 S.E.C. 552 (1955); 501 and 502 loans. pieces, affidavits, proofs of claim in bank­ Connecticut Yankee Atomic Power Com­ 4. To cancel wholly or in part undis­ ruptcy or other estates and such other pany, Holding Company Act Release No. bursed balances of partially disbursed instruments in writing as may be appro­ 14968 (Nov. 15, 1963). sections 501 and 502 loans. priate and necessary to effectuate the Notice is further given that any inter­ 5. To take all necessary actions in con­ foregoing. ested person may, not later than Febru­ nection with the administration, servic­ c. The approval of bank applications ary 20, 1967, request in writing that a ing, and collection; and to do and for use of liquidity privilège under the hearing be held in respect of such mat­ perform and to assent to the doing and loan guaranty plan. ter, stating the nature of his interest, the performance of, all and every act and d. Except: (a) To compromise or sell reasons for such request, and the issues thing requisite and proper to effectuate any primary obligation or other evidence of fact or law raised by said joint appli­ the granted powers, including without of indebtedness owed to the Agency for cation which he desires to controvert; or limiting the generality of the foregoing. a sum less than the total amount due he may request that he be notified should a. The assignment, endorsement,thereon; and (b) to deny liability of the the Commission order a hearing in re­ transfer and delivery (but in all cases Small Business Administration under the spect thereof. Any such request should without representation, recourse or war­ terms of a participation or guaranty be addressed: Secretary, Securities and ranty) of notes, claims, bonds, deben­ agreement, or the assertion of a claim for Exchange Commission, Washington, tures, mortgages, deeds of trust, con­ recovery from a participating bank under

FEDERAL REGISTER, VOL. 32, NO. 26— WEDNESDAY, FEBRUARY 8, 1967 NOTICES 2675 any alleged violation of a participation or b. The execution and delivery of con­ SB A exhibits and (d ) issue Government guaranty agreement. tracts of sale or of lease or sublease, bills of lading. C. Liquidation and Disposal Coordina­quitclaim, bargain and sale of special 3. In connection with the establish­ tor. 1. To take all necessary actions in warranty deeds, bills of sale, leases, sub­ ment of Disaster Loan Offices, to obligate connection with the liquidation and dis­ leases, assignments, subordinations, re­ Small Business Administration to reim­ posal of all loans and other obligations leases (in whole or part) of liens, satis­ burse General Services Administration or assets, including collateral purchased; faction pieces, affidavits, proofs of claim for the rental of office space. and to do and perform and to assent to in bankruptcy or other estates and such 4. To rent motor vehicles from the the doing and performance of, all and other instruments in writing as may be General Services Administration and to every act and thing requisite and proper appropriate and necessary to effectuate rent garage space for the storage of such to effectuate the granted powers, includ­ the foregoing. vehicles when not furnished by this ing withoutjimiting the generality of the c. To take all necessary action in Administration. foregoing: liquidating Economic Development Ad­ n. Regional directors: a. The assignment, endorsement, ministration loans and acquired col­ A. Jfinancial assistance. 1. To ap­ transfer and delivery (but in all cases lateral when and as authorized by Eco­ prove business and disaster loans not ex­ without representation, recourse or war­ nomic Development Administration. ceeding $350,000 (SBA share) and eco­ ranty) of notes, claims, bonds, deben­ d. To advertise regarding the public nomic opportunity loans not exceeding tures, mortgages, deeds of trust, con­ sale of (a) collateral in connection with $25,000 (SBA share). tracts, patents and applications therefor, the liquidation of loans and (b) acquired 2. T o decline business, economic op­ licenses, certificates of stock and of de­ property. portunity and disaster loans of any posit, and any other liens, powers, rights, e. Except: (a) To compromise or sell amount. charges on and interest in or to property any primary obligation or other evidence 3. To close and disburse approved of any kind, legal and equitable, now or of indebtedness owed to the Agency for loans. hereafter held by the Small Business a sum less than the total amount due 4. To enter into business, economic Administration or its Administrator. thereon; (b) to deny liability of the opportunity and disaster loan participa­ b. The execution and delivery of con­ Small Business Administration under the tion agreements with banks. tracts of sale or of lease or sublease, quit­ terms of a participation or guaranty 5. To execute loan authorizations for claim, bargain and sale of special war­ agreement, or the assertion of a claim Washington and area approved loans and ranty deeds, bills of sale, leases, subleases, for recovery from a participating bank for loans approved under delegated au­ assignments, subordinations, releases (in under any alleged violation of a partici­ thority, said execution to read as follows: whole or part) of liens, satisfaction pation or guaranty agreement; and (c) (Name) , Administrator, pieces, affidavits, proofs of claim in bank­ the cancellation of authority to liquidate. ruptcy or other estates and such other E. Financial Assistance Coordinator. By ------1. Eligibility Determinations if or Finan­ (Name) instruments in writing as ihay be ap­ Regional Director. propriate and necessary to effectuate the cial Assistance Only). To determine (City) foregoing. eligibility of applicants for assistance c. To take all necessary action in liqui­ under any program of the Agency in 6. To cancel, reinstate, modify and dating Economic Development Adminis­ accordance with Small Business Admin­ amend authorizations for business, eco­ tration loans and acquired collateral istration standards and policies, nomic opportunity and disaster loans. when and as authorized by Economic 2. Size Determinations (.for Financial 7. To extend the disbursement period Development Administration. Assistance Only). T o make initial size on all loan authorizations or undisbursed d. To advertise regarding the public determinations in all cases within the portions of loans. sale of (a) collateral in connection with meaning of the Small Business Size 8. To approve, when requested, in ad­ the liquidation of loans, and (b) acquired Standards Regulations, as amended, and vance of disbursement, conformed copies property. further, to make product classification of notes and other closing documents; e. Except: (a) To compromise or sell decisions for financial assistance pur­ and certify to the participating bank that any primary obligation or other evidence poses only. Product classification de­ such documents are in compliance with of indebtedness owed to the Agency for cisions for procurement purposes are the participation authorization. a sum less than the total amount due made by contracting officers. 9. To approve service charges by par­ thereon; (b) to deny liability of the Small F. Procurement and Management As­ ticipating banks not to exceed 2 percent Business Administration under the terms sistance Coordinator. 1. Eligibility De­ per annum on the outstanding principal of a participation or guaranty agreement, terminations (for PM A activities only). balance of construction loans and loans or the assertion of a claim for recovery To determine eligibility of applicants for involving accounts receivable and inven­ from a participating bank under any assistance under any program of the tory financing. alleged violation of a participation or Agency in accordance with Small Busi­ **10. To establish disaster field offices guaranty agreement. ness Administration standards and upon receipt of advice of the designation D. Supervisory Liquidation and Dis­policies. of a disaster area; to advise on the mak­ posal Officer. 1. To take all necessary 2. Size Determinations (for PM A ac­ing of disaster loans; to appoint as a actions in connection with the liquidation tivities only) . To make initial size deter­ processing representative any bank in the and disposal of all loans and other obli­ minations in all cases within the mean­ disaster area; and to close disaster field gations ‘ or assets, including collateral ing of the Small Business Size Standards offices when no longer advisable to main­ purchased; and to do and perform and to Regulations, as amended, and further, to tain such offices. assent to the doing and performance of, make product classification decisions for 11. To take all necessary actions in all and every act and thing requisite and financial assistance purposes only. .Prod­ connection with the administration, proper to effectuate the granted powers, uct classification decisions for procure­ servicing and collections, other than including without limiting the generality ment purposes are made by contracting those accounts classified as “in liquida­ of the foregoing : officers. tion” ; and to do and perform and to a. The assignment, endorsement, trans­ G. Area Administrative Officer. 1. To assent to the doing and performance of, fer and delivery (but in all cases without purchase reproductions of loan docu­ all and every act and thing requisite and proper to effectuate the granted representation, recourse or warranty) of ments, chargeable to the revolving fund, powers, including without limiting the notes, claims, bonds, debentures, mort­ requested by U.S. Attorneys in foreclosure generality of the foregoing-: gages, deeds of trust, contracts, patents cases. and applications therefor, licenses, cer­ 2. To (a) purchase office supplies and a. The assignment, endorsement, tificates of stock and of deposit, and any equipment, including office machines and transfer, and delivery (but in all cases other liens, powers, rights charges on rent regular office equipment and fur­ without representation, recourse, or war­ and interest in or to property of any nishings; (b) contract for repair and ranty) of notes, claims, bonds, deben­ kind, legal and equitable, now or here­ maintenance of equipment and furnish­ tures, mortgages, deeds of trust, con­ after held by the Small Business Admin­ ings; (c) contract for services required tracts, patents and applications therefor, istration or its Administrator. in setting up and dismantling and moving licenses, certificates of stock and of de-

FEDERAL REGISTER, VOL. 32, NO. 26— WEDNESDAY, FEBRUARY 8, 1967 2676 N OTIC ES posit, and any other liens, powers, rights, cisions for procurement purposes are leases (in whole or in part) of liens, charges on and interest in or to property made by contracting officers. satisfaction pieces, affidavits, proofs of of any kind, legal and equitable, now or 2. Eligibility Determinations for Fi­ claim in bankruptcy or other estates hereafter held by the Small Business nancial Assistance Only. To determine and such other instruments in writing Administration or its Administrator; eligibility of applicants for assistance as may be appropriate and necessary to b. The execution and delivery of con­ under any program of the Agency in effectuate the foregoing. tracts of sale or of lease or sublease, accordance with Small Business Admin­ c. The approval of bank applications quitclaim, bargain and sale of special istration standards and policies. for use of liquidity privileges under the warranty deeds, bills of sale, leases, sub­ 3. To approve business and disaster loan guaranty plan. leases, assignments, subordinations, re­ loans not exceeding $350,000 (SBA d. Except: (a ) To compromise or sell leases (in whole or part) of liens, satis­ share), and economic opportunity loans any primary obligation or other evidence faction pieces, affidavits, proofs of claim not exceeding $25,000 (SBA share). of indebtedness owed to the Agency for in bankruptcy or other estates and such 4. To close and disburse approved a sum less than the total amount due other instruments in writing as may be business, economic opportunity and dis­ thereon; and (b) to deny liability of the appropriate and necessary to effectuate aster loans. Small Business Administration under the foregoing. 5. T o decline business, economic op­ the terms of a participation or guar­ c. The approval of bank applications portunity and disaster loans of any anty agreement, or the assertion of a for use of liquidity privilege under the amount. claim'for recovery from a participating loan guaranty plan. 6. To enter into business, economic op­ bank under any alleged violation of a d. Except: (a) To compromise or sell portunity and disaster loan participa­ participation or guaranty agreement. any primary obligation or other evidence tion agreements with banks. P. Supervisory Loan Officer. 1. To of indebtedness owed to the Agency for approve or decline direct loans not in 7. To execute loan authorizations for a sum less than the total amount due excess of $50,000 and participation loans Washington, area, and regional approved thereon; and (b) to deny liability of the not in excess of $50,000 (SBA share). loans and loans approved under dele­ Small Business Administration under the 2. To approve or decline economic op­ gated authority, said execution to read terms of a participation or guaranty portunity loans not in excess Of $25,000 as follows : agreement, or the assertion of a claim (SBA share). for recovery from a participating bank (N am e), Administrator, 3. To close and disburse approved under any alleged violation of a partici­ By-— -...... - ...... business, economic opportunity and dis­ (Name) aster loans. pation or guaranty agreement. Title of person signing. B. Size determinations. T o make ini­ # 4. To enter into business loan par­ tial size determinations in all cases within 8. To cancel, reinstate, modify and ticipation agreements with hanks the meaning of the Small Business Size amend authorizations for business, eco­ 5. To execute loan authorizations for Standards Regulations, as amended, and nomic opportunity and disaster loans. Washington, area, and regional approved further, to make product classification 9. To extend the disbursement period loans and loans approved under dele­ decisions for financial assistance pur­ on all loan authorizations or undisbursed gated authority, said execution to read poses only. Product classification deci­ portions of loans. as follows: sions for procurement purposes are made (Nam e) , Administrator, 10. To approve, when requested, in B y ------by contracting officers. advance of disbursement, "conformed C. Eligibility determinations. To de­ (Name) copies of notes and other closing docu­ Title of person signing. termine eligibility of applicants for as­ ments; and certify to the participating sistance under any program of the bank that such documents are in com­ 6. To cancel, reinstate, modify and Agency in accordance with Small Busi­ pliance with the participation authori­ amend authorizations fo r business, eco­ ness Administration standards and zation. nomic opportunity and disaster loans. policies. 7. To extend the disbursement period 11. To approve service charges by D. Administration. 1. To purchase on all loan authorizations or undis­ participating banks not to exceed 2 per­ reproductions of loan documents, charge­ bursed portions of loans. cent per annum on the outstanding able to the revolving fund, requested by 8. T o approve, when requested, in balance on construction loans and loans advance of disbursement, conformed U.S. Attorneys in foreclosure cases. involving accounts receivable and in­ copies of notes and other closing docu­ 2. To (a) purchase office supplies and ventory financing. equipment, including office machines, ments; and certify to the participating and rent regular office equipment and 12. To take all necessary actions in bank that such documents are in com­ furnishings; (b) contract for repair connection with the administration, pliance with the participation author­ and maintenance of equipment and servicing and collection, other than ization. furnishings; (c) contract for services those accounts classified as “in liquida­ 9. To approve service charges by par­ required in setting up and dismantling tion” ; and to do and to perform and to ticipating banks not to exceed 2 percent and moving SB A exhibits and (d ) issue assent to the doing and performance of, per annum on the outstanding balance Government bills of lading. all and every act and thing requisite and on construction loans and loans involv­ 3. In connection with the establish­ proper to effectuate the granted powers, ing accounts receivable and inventory ment of Disaster Loan Offices, to obli­ including without limiting the generality financing. gate Small Business Administration to of the foregoing : 10. To take all necessary actions in reimburse the General Services Admin­ a. T h e assignment, endorsement, connection with the administration, istration for the rental of office space. transfer and delivery (but in all cases servicing, and collection, other than 4. To rent motor vehicles from the without representation, recourse or war­ those accounts classified as “in liquida­ General Services Administration and to ranty) of notes, claims, bonds, deben­ tion ’; and to do and to perform and to rent garage space for the storage of süch tures, mortgages, deeds of trust, con­ assent to the doing and performance of, vehicles when not furnished by this tracts, patents and applications therefor, all and every act and thing requisite and Administration. licenses, certificates of stock and deposit, proper to effectuate the granted powers, E. Chiefs, Financial Assistance Divi­ and any other , liens, powers, rights, including without limiting the generality sions (.and Assistant Chiefs, if assigned). charges on and interest in or to property of the foregoing: 1. Size Determinations for Financial of any kind, legal and equitable, now a. The assignment, endorsement, trans­ Assistance Only. To make initial size or hereafter held by the Small Busi­ fer and delivery (but in all cases without determinations in all cases within the ness Administration or its Administra­ representation, recourse, or warranty) of meaning of the Small Business Size tor; notes, claims, bonds, debentures, mort­ Standards Regulations, as amended, and b. The execution and delivery of con­ gages, deeds of trust, contracts, patents tracts of sale or of lease or Sublease, further, to make product classification and applications therefor, licenses, cer­ quitclaim, bargain and sale of special tificates of stock and of deposit, and any decisions for financial assistance pur­ warranty deeds, bills of sale, leases, sub­ other liens, powers, rights, charges on poses only. Product classification de- leases, assignments, subordinations, re­ and interest in or to property of any

FEDERAL REGISTER, VOL. 32, NO. 26— WEDNESDAY, FEBRUARY 8, 1967 NOTICES 2677 kind, legal and equitable, now or here­ and rent regular office equipment and 1. Area coordinators: after held by the Small Business Admin­ furnishings; (b) contract for repair and A. Economic Development Coordinator, istration or its Administrator. maintenance of equipment and furnish­ **1. To approve or decline section 501, b. The execution and delivery of ings; (c) contract for services required State Development Company loans with­ contracts of sale or of lease or sublease, in setting up and dismantling and out dollar limitation and section 502, Lo­ quit-claim, bargain and sale of special moving SBA exhibits and (d ) issue cal Development Company loans up to warranty deeds, bills of sale, leases, sub­ Government bills of lading. $350,000 (SB Ashare). leases, assignments, subordinations, re­ 3. In connection with the establish­ 2. To close and disburse sections 501 leases (in whole or in part) o f liens, satis­ ment of Disaster Loan Offices, to obligate and 502 loans. faction pieces, affidavits, proofs of claim Small Business Administration to reim­ 3. To extend the disbursement period in bankruptcy or other estates and such burse General Services Administration on sections 501 and 502 loan authoriza­ other instruments in writing as may be for the rental of office space. tions or undisbursed portions of sections appropriate and necessary to effectuate 4. To rent motor vehicles from the 501 and 502 loans. the foregoing. General Services Administration and to 4. To cancel wholly or in part undis­ c. The approval of bank applications rent garage space for the storage of such bursed balances of partially disbursed for use of liquidity privileges under the vehicles when not furnished by this sections 501 and 502 loans. loan guaranty plan. Administration. 5. To take all necessary actions in con­ d. Except: (a) To compromise or sell J. Assistant Chief, Accounting, Cleri­nection with the administration, servic­ any primary obligation or other evidence cal and Training Division. 1. To pur­ ing, and collection; and to do and per­ of indebtedness owed to the Agency for chase reproductions of loan documents, form and to assent to the doing and per­ a sum less than the total amount due chargeable to the revolving fund, re­ formance of, all and every act and thing thereon; and (b) to deny liability of the quested by U.S. Attorney in foreclosure requisite and proper to effectuate the Small Business Administration under the cases. granted powers, including without limit­ terms of a participation or guaranty 2. To (a) purchase office supplies and ing the generality of the foregoing. agreement or the assertion of a claim for equipment, including office machines, a. The assignment, endorsement, recovery from a participating bank under and rent regular office equipment and transfer and delivery (but in all cases any alleged violation of a participation furnishings; (b) contract for repair and without representation, recourse or war­ or guaranty agreement. maintenance of equipment and furnish­ ranty) of notes, claims, bonds, deben­ 11. Size Determinations for Financial ings; (c) contract for services required tures, mortgages, deeds of trust, con­ Assistance Only. To make initial size in setting up and dismantling and mov­ tracts, patents and applications there­ determinations in all cases within the ing SBA exhibits and (d ) issue Govern­ for, licenses, certificates of stock and of meaning of the Small Business Size ment bills of lading. deposit, and any other liens, powers, Standards Regulations, as amended, and 3. In connection with the establish­ rights, charges on and interest in or to further, to make product classification ment o f Disaster Loan Offices, to obligate property of any kind, legal and equitable, decisions for financial assistance pur­ Small Business Administration to reim­ now or hereafter held by the Small Busi­ poses only. Product classification de­ burse General Services Administration ness Administration or its Administrator. cisions for procurement purposes are for the rental of office space. b. The execution and delivery of as­ made by contracting officers. 4. To rent motor vehicles from the signments, subordinations, releases (in 12. Eligibility Determinations for Fi­ General Services Administration and to whole or in part) of liens, satisfaction nancial Assistance Only. To determine rent garage space for the storage o f such pieces, affidavits, proofs of claim in bank­ eligibility of applicants for assistance vehicles when not furnished by this ruptcy or other estates and such other in­ under any program of the Agency in ac­ Administration. struments in writing as may be appropri­ cordance with Small Business Admin­ III. Branch Managers (Reserved). ate and necessary to effectuate the fore­ istration standards and policies. going. IV. The specific authority delegated G. Loan Officer. 1. To approve final c. The approval of bank applications herein, indicated by double asterisk (**) actions concerning current direct or par­ for use of liquidity privilege under the cannot be redelegated. ticipation loans: loan guaranty plan. a. Use of the cash surrender value of V. The authority delegated herein to d. Except: (a) To compromise or sell life insurance to pay the premium on a specific position may be exercised by any primary obligation or other evidence the policy. any SBA employee designated as acting of indebtedness owed to the Agency for b. Release of dividends of life insur­ in that position. a sum less than the total amount due ance or consent to application against VI. All previously delegated authority thereon; and' (b) to deny liability of the premiums. is hereby rescinded without prejudice to Small Business Administration under the c. Minor modifications in the authori­ actions taken under such Delegations of terms of a participation or guaranty zation. Authority prior to the date hereof. agreement, or the assertion of a claim for d. Extension of disbursement period. Effective Date: September 1, 1966. recovery from a participating bank under e. Extension of initial principal pay­ any alleged violation of a participation ments. R obert E. W est, or guaranty agreement. f. Adjustment of interest payment Area Administrator, B. Supervisory Loan Officer (Eco­ dates. Southwestern Area. nomic Development). 1. To close and g. Release of hazard insurance checks [F.R. Doc. 67-1448; Filed, Feb. 7, 1967; disburse sections 501 and 502 loans. not in excess of $200 and endorse such 8:45 a.m.] 2. To extend the disbursement period checks on behalf of the Agency where on sections 501 and 502 loan authoriza­ SBA is named as joint loss payee. tions or undisbursed portions of sections h. Release of equipment with or with­ [Delegation of Authority No. 30 (Rev. 12)] 501 and 502 loans. out consideration where the value of 3. To cancel wholly or in part undis­ equipment being released does not exceed ECONOMIC DEVELOPMENT COORDI­ bursed balances of partially disbursed $200. NATOR ET A L, MIDDLE ATLANTIC sections 501 and 502 loans. 2. To close and disburse approved AREA 4. To take all necessary actions in con­ business, economic opportunity and dis­ nection with the administration, serv­ aster loans. Delegation of Authority to Conduct icing, and collection; and to do and per­ H. Regional Counsel (Reserved). Program Activities form and to assent to the doing and I. Chief, Accounting, Clerical and performance of, all and every act and Training Division. 1. To purchase re­ Pursuant to the authority delegated to thing requisite and proper to effectuate productions o f loan documents, charge­ the Area Administrators by Delegation of the granted powers, including without able to the revolving fund, requested by Authority No. 30 (Revision 12), 32 F.R. limiting the generality of the foregoing. U.S. Attorney in foreclosure cases. 179, the following authority is hereby re­ a. T h e assignment, endorsement, 2. To (a) purchase office supplies anddelegated to the positions as Indicated transfer and delivery (but In all cases equipment, including office machines, herein: without representation, recourse or war-

FEDERAL REGISTER, VOL. 32, NO. 26— WEDNESDAY, FEBRUARY 8, 1967 2678 NOTICES ranty) of notes, claims, bonds, deben­ thereon; (b) to deny liability of the P. Procurement and Management As­ tures, mortgages, deeds of trust, con­ Small Business Administration under sistance Coordinator. 1. Eligibility de­ tracts, patents and applications there­ the terms of a participation or guaranty terminations (for PM A activities only). for, licenses, certificates of stock and of agreement, or the assertion of a claim To determine eligibility of applicants for deposit, and any other lien, powers, for recovery from a participating bank assistance under any program of the rights, charges on and interest in or to under any alleged violation of a par­ Agency in accordance with Small Busi­ property of any kind, legal and equitable, ticipation or guaranty agreement. ness Administration standards and poli­ now or hereafter held by the Small Busi­ D. Supervisory Liquidation and Dis­cies. ness Administration or its Administrator. posal Officer. 1. To take all necessary 2. Size determination (for PM A activ­ b. The execution and delivery of as­ actions in connection with the liquidation ities only). Item I.E. 2 above. signments, subordinations, releases (in and disposal of all loans and other obli­ G. Area Administrative Officer. 1. To whole or part) of liens, satisfaction gations or assets, including collateral purchase reproductions of loan docu­ pieces, affidavits, proofs of claim in bank­ purchased; and to do and perform and ments, chargeable to the revolving fund, ruptcy or other estates and such other to assent to the doing and performance requested by U.S. Attorneys in fore­ instruments in writing as may be ap­ of, all and every act and thing requisite closure cases. propriate and necessary to effectuate the and proper to effectuate the granted 2. To (a) purchase office supplies and foregoing. powers, including without limiting the equipment, including office machines and c. The approval of bank applications generality of the foregoing: rent regular office equipment and fur­ for use of liquidity privilege under the a. The assignment, endorsement, nishings; (b) contract for repair and loan guaranty/plan. transfer and delivery (but in all cases maintenance of equipment and furnish­ d. Except: (a) To compromise or sell without representation, recourse or war­ ings; (c) contract for services required any primary obligation or other evidence ranty) of notes, claims, bonds, deben­ in setting up and dismantling and mov­ of indebtedness owed to the Agency for tures, mortgages, deeds of trust, con­ ing SBA exhibits and (d ) issue Govern­ a sum less than the total amount due tracts, patents and applications there­ ment bills of lading. thereon; and (b) to deny liability of the for, licenses, certificates of stock and of 3. In connection with the establish­ Small Business Administration under deposit, and any other liens, powers, ment of Disaster Loan Offices, to obligate the terms of a participation or guaranty rights, charges on and interest in or to Small Business Administration to reim­ agreement, or the assertion of a claim for property of any kind, legal and equitable, burse General Services Administration recovery from a participating bank under now or hereafter held by the Small Busi­ for the rental of office space. any alleged violation of a participation ness Administration or its Administrator. 4. To rent motor vehicles from the or guaranty agreement. b. The execution and delivery of con­ General Services Administration and to rent garage space for the storage of such C. Liquidation and Disposal Coordi­tracts of sale or of lease or sublease, quit­ vehicles when not furnished by tliis nator. 1. To take all necessary actions claim, bargain and sale of special war­ Administration. in connection with the liquidation and ranty deeds, bills of sale, leases, sub­ II. Regional directors: disposal of all loans and other obliga­ leases, assignments, subordinations, re­ A. Financial Assistance. 1. To ap­ tions or assets, including collateral pur­ leases (in whole or in part) of liens, satis­ prove business and disaster loans not chased; and to do and perform and to faction pieces, affidavits, proofs of claim exceeding $350,000 (SBA share) and assent to the doing and performance of, in bankruptcy or other estates and such economic opportunity loans not exceed­ all and every act and thing requisite and other, instruments in writing as may be ing $25,000 (SBA share). proper to effectuate the granted powers, appropriate and necessary to effectuate 2. To decline business, economic op­ including without limiting the generality the foregoing. portunity and disaster loans of any of the foregoing: c. To take all necessary action in amount. a. The assignment, endorsement, liquidating Economic Development Ad­ ministration loans and acquired col­ 3. To close and disburse approved transfer and delivery (but in all cases loans. without representation, recourse or war­ lateral when and as authorized by Eco­ nomic Development Administration. 4. T o enter into business, economic ranty) of notes, claims, bonds, deben­ d. To advertise regarding the public opportunity and disaster loan participa­ tures, mortgages, deeds of trust, con­ sale of (a) collateral in connection with tion agreements with banks. tracts, patents and applications therefor, the liquidation of loans and (b) acquired 5. To execute loan authorizations for licenses, certificates of stock and of de­ property. Washington and area approved loans posit, and any other hens, powers, rights, e. Except: (a) To compromise or sell and for loans approved under delegated charges on and interest in or to property any primary obligation or other evidence authority, said execution to read as of any kind, legal and equitable, now or of indebtedness owed to the Agency for a follows: hereafter held by the Small Business Ad­ sum less than the total amount due (Nam e), Administrator, ministration or its Administrator. B y ------thereon; (b) to deny liability of the (Name) b. The execution and delivery of con­ Small Business Administration under the tracts o f sale or of lease or sublease, quit­ terms of a participation or guaranty Regional Director. claim, bargain and sale of special agreement, or the assertion of a claim for (City) warranty deeds, bills of sale, leases, recovery from a participating bank subleases, assignments, subordinations, under any alleged violation of a partici­ 6. To cancel, reinstate, modify and releases (in whole or part) of liens, satis­ pation or guaranty agreement; and (c) amend authorizations for business, eco­ faction pieces, affidavits, proofs of claim the cancellation of authority to liquidate. nomic opportunity and disaster loans. in bankruptcy or other estates and such E. Financial Assistance Coordinator. 7. To extend the disbursement period other instruments in writing as maji be 1. Eligibility determinations (for finan­ on all loan authorizations or undisbursed appropriate and necessary to effectuate cial assistance only). To determine portions o f loans. the foregoing. elegibility of applicants for assistance 8. To approve, when requested in ad­ c. To take all necessary action in liqui­ under any program of the Agency in vance o f disbursement, conformed copies dating Economic Development Adminis­ accordance with Small Business Admin­ of notes and other closing documents; tration loans and acquired collateral istration standards and policies. and certify to the participating bank when and as authorized by Economic 2. Size determinations (.for financial that such documents are in compliance Development Administration. assistance only). To make initial size with the participation authorization. d. To advertise regarding the public determinations in all cases within the 9. To approve service charges by par­ sale of (a) collateral in connection with meaning of the Small Business Size ticipating banks not to exceed 2 percent the liquidation of loans, and (b) acquired Standards Regulations, as amended, and per annum on the outstanding principal property. further, to make product classification balance of construction loans and loans e. Except: (a) To compromise or sell decisions for financial assistance pur­ involving accounts receivable and inven­ any primary obligation or other evidence poses only. Product classification de­ tory financing. of indebtedness owed to the Agency for cisions for procurement purposes are * *10. T o establish disaster field offices a sum less than the total amount due made by contracting officers. upon receipt of advice of the designa-

FEDERAL REGISTER, VOL. 32, NO. 26— WEDNESDAY, FEBRUARY 8, 1967 NOTICES 2679 tion of a disaster area; to advise on the setting up and dismantling and moving to effectuate the granted powers, includ­ making of disaster loans; to appoint as SBA exhibits and (d ) issue Government ing without limiting the generality of the a processing representative any bank in bills of lading. foregoing: the disaster area; and to close disaster 3. In connection with the establish' a. T h e assignment, endorsement, field offices when no longer advisable to ment of Disaster Loan Offices, to obligate transfer and delivery (but in all cases maintain such offices. Small Business Administration to reim­ without representation, recourse or war­ 11. To take all necessary actions in burse the General Services Administra­ ranty) of notes, claims, bonds, deben­ connection with the administration, tion for the rental of office space. tures, mortgages, deeds of trust, con­ servicing and collection, other than 4. To rent motor vehicles from the tracts, patents and applications therefor, those accounts classified as “ in liquida­ General Services Administration and to licenses, certificates of stock and deposit, tion” ; and to do and perform and to rent garage space for the storage of such and any other liens, powers, rights, assent to the doing and performance of, vehicles when not furnished by this charges on and interest in or to property all and every act and thing requisite and Administration. of any kind, legal and equitable, now or proper to effectuate the granted powers, E. Chiefs, Financial Assistance Divi­ hereafter held by the Small Business Ad­ including without limiting the generalitv sions (and Assistant Chiefs, if assigned). ministration or its Administrator. of the foregoing: 1. Size determinations for financial as­ b. The execution and delivery of con­ a. The assignment, endorsement, sistance only. To make initial size de­ tracts of sale or of lease or sublease; quit­ transfer and delivery (but in all cases terminations in all cases within the claim, bargain and sale of special war­ without representation, recourse, or war­ meaning of the Small Business Size ranty deeds, bills of sale, leases, subleases, ranty) of notes, claims, bonds, Standards Regulations, as amended, and assignments, subordinations, releases (in debentures, mortgages, deeds of trust, further, to make product classification whole or in part) of liens, satisfaction contracts, patents and applications decisions for financial assistance pur­ pieces, affidavits, proofs of claim in bank­ therefor, licenses, certificates of stock poses only. Product classification de­ ruptcy or other estates, and such other and of deposit, and any other liens, cisions for procurement purposes are instruments in writing as may be appro­ powers, rights, charges on and interest in made by contracting officers. priate and necessary to effectuate the or to property of any kind, legal and 2. Eligibility determinations for fi­ foregoing. equitable, now or hereafter held by'the nancial assistance only. To determine c. The approval of bank applications Small Business Administration or its eligibility of applicants for assistance for use of liquidity privileges under the Administrator; * under any program of the Agency in ac­ loan guaranty plan. b. The execution and delivery of con­ cordance with Small Business Adminis­ d. Except: (a) To compromise or sell tracts of sale or of lease or sublease, quit­ tration standards and policies. any primary obligation or other evidence claim, bargain and sale of special war­ 3. To approve business and disaster of indebtedness owed to the Agency for ranty deeds, bills of sale, leases, subleases, loans not exceeding $350,000 (SBA a sum less than the total amount due assignments, subordinations, releases (in share), and economic opportunity loans thereon; and (b) to deny liability of the whole or part) of liens, satisfaction not exceeding $25,000 (SBA share). Small Business Administration under pieces, affidavits, proofs of claim in bank­ 4. T o close and disburse approved the terms of a participation or guaranty ruptcy or other estates and such other business, economic opportunity and dis­ agreement, or the assertion of a claim for instruments in writing as may be ap­ aster loans. recovery from a participating bank un­ propriate and necessary to effectuate the 5. To decline business, economic op­ der any alleged violation of a participa­ foregoing. portunity and disaster loans of any tion or guaranty agreement. c. The approval of bank applications amount. F. Supervisory Loan Officer. 1. T o for use of liquidity privilege under the 6. To enter into business, economic op­ approve or decline direct loans not in loan guaranty plan. portunity and disaster loan participation excess of $50,000 and participation loans d. Except: (a) To compromise or sell agreements with banks. not in excess of $50,000 (SBA share). any primary obligation nr other evidence 7. To execute loan authorizations for 2. To approve or decline economic op­ of indebtedness owed to the Agency for Washington, area, and regional approved portunity loans not in excess of $25,000 a sum less than the total amount due loans and loans approved under dele­ (SBA share). thereon; and (b) to deny liability of the gated authority, said execution to read 3. To close and disburse approved as follows: Small Business Administration under the business, economic opportunity, and dis­ terms of a participation or guaranty (N a m e), Administrator, aster loans. agreement, oy the assertion of a claim for recovery from a participating bank under By ------4. To enter into business loan partici­ (Name) pation agreements with banks. any alleged violation of a participation or Title of person signing. guaranty agreement. 5. To execute loan authorizations for B. Size determinations. T o make 8. To cancel, reinstate, modify and Washington, area, and regional approved initial size determinations in all cases amend authorizations for business, eco­ loans and loans approved under delegated within the meaning of the Small Business nomic opportunity and disaster loans. authority, said execution to read as Size Standards Regulations, as amended, 9. To extend the disbursement period follows: and further, to make product classifica­ (Nam e) , Administrator, on all loan authorizations or undisbursed B y— ...... — tion decisions for financial assistance portions of loans. (Nam e) purposes only. Product classification 10. To approve, when requested, in ad­ Title of person signing. decisions for procurement purposes are vance of disbursement, conformed copies made by contracting officers. of notes and other closing documents; 6. To cancel, reinstate, modify and C. Eligibility determinations. T o de­ and certify to the participating bank amend authorizations for business, termine eligibility of applicants for as­ that such documents are in compliance economic opportunity and disaster sistance under any program of the with the participation authorization. loans. Agency in accordance with Small Busi­ 11. To approve service charges by par­ 7. To extend the disbursement period ness Administration standards and ticipating banks not to exceed 2 percent on all loan authorizations or undisbursed Policies. per annum on the outstanding balance portions of loans. D. Administration. 1. To purchase on construction loans and loans involv­ 8. To approve, when requested, in ad­ reproductions of loan documents, charge­ ing accounts receivable and inventory vance of disbursement, conformed copies able to the revolving fund, requested by financing. of notes and other closing documents; U.S. Attorneys in foreclosure cases. 12: To take all necessary actions in and certify to the participating bank 2. To (a) purchase office supplies and connection with the administration, that such documents are in compliance equipment, including office machines, servicing and collection, other than those with the participation authorization. and rent regular office equipment and accounts classified as “in liquidation” ; 9. To approve service charges by par­ furnishings; (b) contract for repair and and to do and to perform and to assent ticipating banks not to exceed 2 percent maintenance of equipment and furnish­ to the doing and performance of, all and per annum on the outstanding balance ings; (c) contract for services required in every act and thing requisite and proper on construction loans and loans involv-

FEDERAL REGISTER, VOL. 32, NO. 26— WEDNESDAY, FEBRUARY 8, 1967 No. 26—-Pfc I----l l 2680 NOTICES ing accounts receivable and inventory d. Extension o f disbursement period. actions taken under such Delegations of financing. e. Extension of initial principal pay­ Authority prior to the date hereof. 10. To take all necessary actions inments. Effective date: September 1,1966. connection with the administration, f. Adjustment of interest payment servicing, and collection, other than dates. E dw ard N . R osa, those accounts classified as “in liquida­ g. Release of hazard insurance checks Area Administrator, tion” ; and to do and to perform and to not in excess of $200 and endorse such Middle Atlantic Area. assent to the doing and performance of, checks on behalf of the Agency where [F.R. Doc. 67-1449; Filed, Feb. 7, 1967; all and every act and thing requisite and SB A is named as joint loss payee. 8:46 am .] proper to effectuate the granted powers, h. Release of equipment with or with­ including without limiting the generality out consideration where the value of of the foregoing: equipment being released does not exceed a. The assignment, endorsement, trans­ $ 200. INTERSTATE COMMERCE fer and delivery (but in all cases 2. T o close and disburse approved without representation, recourse, or business, economic opportunity and dis­ COMMISSION warranty) of notes, claims, bonds, aster loans. FOURTH SECTION APPLICATION debentures, mortgages, deeds of trust, H. Regional Counsel (Reserved). contracts, patents and applications I. Chief, Accounting, Clerical and FOR RELIEF therefor, licenses, certificates of stock Training Division. 1-To purchase repro­ F e b r u a r y 3,1967. and of deposit, and any other liens, ductions of loan documents, chargeable Protests to the granting of an applica­ powers, rights, charges on and interest to the revolving fund, requested by U.S. tion must be prepared in accordance with in or to property of any kind, legal and Attorneys in foreclosure cases. § 1.40 of the general rules of practice (49 equitable, now or hereafter held by the 2. T o (a ) purchase office supplies and CFR 1.40) and filed within 15 days from Small Business Administration or its equipment, including office machines, the date of publication of this notice in Administrator. and rent regular office equipment and the F ederal R eg ister . b. The execution and delivery of con­ furnishings; (b) contract for repair and tracts of sale or of lease or sublease, maintenance of equipment and furnish­ L o n g - a n d -S h o r t H a u l quitclaim, bargain and sale of special ings; (c) contract for services required FSA No. 40884— Sal soda or bicarbon­ warranty deeds, bills of sale, leases, sub­ in setting up and dismantling and mov­ ate of soda from Alchein and Westvaco, leases, assignments, subordinations, re­ ing SBA exhibits and (d ) issue Govern­ Wyo. Filed by Western Trunk Line leases (in whole or in part) of liens, satis­ ment bills of lading. Committee, agent (No. A-2484), for in­ faction pièces, affidavits, proofs of claim 3. In connection 'with the establish­ terested rail carriers. Rates on sal soda in bankruptcy or other estates and such ment of Disaster Loan Offices, to obligate or sodium (soda), bicarbonate of, in car­ other instruments in writing as may be Small Business Administration to reim­ loads, from Alchem and Westvaco, Wyo., appropriate and necessary to effectuate burse General Services Administration to points in southwestern and western the foregoing. for the rental of office space. trunkline territories. c. The approval of bank applications 4. To rent motor vehicles from the Grounds for relief—Market competi­ for use of liquidity privileges under the General Services Administration and to tion, modified short-line distance for­ loan guaranty plan. rent garage space for the storage of such mula and grouping. d. Except: (a) To compromise or sell vehicles when not furnished by this Tariffsr—Supplement 33 to Western any primary obligation or other evidence Administration. Trunk Line Committee, agent, tariff ICC of indebtedness owed to the Agency for J. Assistant Chief, Accounting, Cleri­ A-4530, and supplement 114 to South­ a sum less than the total amount due 1. To pur­ western Freight Bureau, agent, tariff thereon; and (b) to deny liability of the cal, and Training Division. chase reproductions of loan documents, ICC 4526. Small Business Administration under chargeable to the revolving fund, re­ the terms of a participation or guaranty By the Commission. quested by U.S. Attorney in foreclosure agreement or the assertion of a claim [ s e a l] H . N e il G a r so n , for recovery from a participating bank cases. Secretary. under any alleged violation of a partici­ 2. To (a) purchase office supplies and equipment, including office machines, [F.R. Doc. 67-1510; Filed, Feb. 7, 1967; pation or guaranty agreement. 8:49 a.m.] 11. Size determinations for financial and rent regular office equipment and assistance only. To make initial size de­ furnishings; (b) contract for repair and terminations in all cases within the maintenance of equipment and furnish­ [Notice 333] meaning of the Small Business Size ings; (c) contract for services required Standards Regulations, as amended, and in setting up and dismantling and mov­ MOTOR CARRIER TEMPORARY further, to make product classification ing SBA exhibits and (d ) issue Govern­ AUTHORITY APPLICATIONS ment bills of lading. decisions for financial assistance pur­ F e b r u a r y 3, 1967. poses only. Product classification deci­ 3. In connection with the establish­ The following are notices of filing of sions for procurement purposes are made ment o f Disaster Loan Offices, to obligate applications for temporary authority by contracting officers. Small Business Administration to reim­ under section 210a(a) of the Interstate 12. Eligibility determinations for fi­ burse General Services Administration for the rental of office space. Commerce Act provided for under the nancial assistance only. To determine new rules in Ex Parte No. MC 67 (49 eligibility of applicants for assistance 4. To rent motor vehicles from the CFR Part 246) published in the F ederal under any program of the Agency in ac­ General Services Administration and to R egister, issue of April 27,1965, effective rent garage space for the storage of such cordance with Small Business Adminis­ July 1, 1965. These rules provide that vehicles when not furnished by this tration standards and policies. protests to the granting of an applica­ Administration. G. Loan Officer. 1. To approve final tion must be filed with the field official actions concerning current direct or par­ HI. Branch Managers (Reserved). named in the F ederal R egister publica­ ticipation loans: IV. The specific authority delegated tion, within 15 calendar days after the a. Use of the cash surrender value of herein, indicated by double asterisks ( * * ) date notice of the filing of the applica­ life insurance to pay the premium on the cannot be redelegated. tion is published in the F ederal R egister. policy. V. The authority delegated herein to One copy of such protest must be served b. Release of dividends of life insur­ a specific position may be exerciséd by on the applicant, or its authorized rep­ ance or consent to application against any SBA employee designated as acting resentative, if any, and the protest must premiums. in that position. certify that such service has been made. c. Minor modifications in the author­ VI. All previously delegated authority The protest must be specific as to the ization. is hereby rescinded without prejudice to service which such protestant can and

FEDERAL REGISTER, VOL. 32, NO. 26— WEDNESDAY, FEBRUARY 8, 1967 NOTICES 2681 will offer, and must consist of a signed shipper: Tennessee Forging Steel Corp., [Notice 432] original and six copies. Highway 61, Harriman, Tenn. 37748. MOTOR CARRIER ALTERNATE Send protests to: J. E. Gamble, District A copy of the application ft on file, and ROUTE DEVIATION NOTICES can be examined, at the Office of the Supervisor, Bureau of Operations and Secretary, Interstate Commerce Com­ Compliance, Interstate Commerce Com­ F ebr u a r y 3,1967. mission, Washington, D.C., and also in mission, 706 U.S. Courthouse, Nashville, Tenn. 37203. The following letter-notices of pro­ the field office to which protests are to posals to operate over deviation routes be transmitted. No. MC 128845 TA, filed January 31, for operating convenience only have been 1967. Applicant: BOULETTE LUM­ M otor C arriers o f P r o pe r ty filed with the Interstate Commerce Com­ BER CO., INC., Box 244, 6 Summer mission, under the Commission’s Devia­ No. MC 112750 (Sub-No. 238 T A ), filed Street, Waterville, Maine 04902. Appli­ tion Rules Revised, 1957 (49 CFR 211.1 January 31, 1967. Applicant: AMERI­ cant’s representative: Louis R. Marcou, (c)(8)) and notice, thereof to all inter­ 208-209 Professional Building, Water­ CAN COURIER CORPORATION, 222-17 ested persons is hereby given as provided Northern Boulevard, Bayside, N.Y. 11361. ville, Maine 04901. Authority sought to in such rules (49 CFR 211.1(d) (4)). operate as a by motor Applicant’s representative: J. K. Murphy contract carrier, Protests against the use of any pro­ (same address as above). Authority vehicle, over irregular routes, as follows: posed deviation route herein described sought to operate as a contract carrier, Wood chips, in bulk, from the U.S. port may be filed with the Interstate Com­ of entav on the United States-Canada by motor vehicle, over, irregular routes, merce Commission in the manner and boundary line near Jackman, Maine, to as follows: Commercial papers, docu­ form provided in such rules (49 CFR Rumford, Maine, for 150 days. Sup­ ments and written instruments (except 211.1(e)) at any time, but will not oper­ porting shipper: Rodrigue Brothers, St. coin, currency, bullion, and negotiable ate to stay commencement of the pro­ securities) and audit and accounting Aurelie, County of Dorchester, Quebec, posed operations unless filed within 30 media of all kinds as are used in the Canada. Send protest to: Donald G. days from the date of publication. Weiler, District Supervisor, Bureau of business of banks and banking institu­ Successively filed letter-notices of the Operations and Compliance, Interstate tions, between points in Cumberland same carrier under the Commission’s Commerce Commission, Room 307, 76 County, Pa., on the one hand, and, on Deviation Rules Revised, 1957, will be Pearl Street, Portland, Maine 04112. the other, points in Anne Arundel, Caro­ numbered consecutively for convenience line, Kent, Prince Georges, and Talbot No. MC 128846 TA, filed' January 31, in identification and protests if any Counties, Md.; Broome, Chemung, Tioga, 1967. Applicant: A. GUEBERT, INC., should refer to such letter-notices by and Steuben Counties, N.Y.; Augusta, Red Bud, 111. Applicant’s representa­ number. Fauquier, Loudoun, Prince William, tive: Delmar O. Koebel, 107 West St. M otor C arriers o f P ro per ty Rockingham, Shenandoah, and Warren Louis Street, Lebanon, 111. 62254. Au­ Counties, Va.; and Hampshire and M or­ thority sought to operate as a common No. MC 1101 (Deviation No. 1), ACME gan Counties, W . Va., for 180 days. Sup­ carrier, by motor vehicle, over irregular TRANSFER COMPANY, INC., 6217 Gil­ porting shipper: The Philadelphia Na­ routes, as follows: (1) Dex-mo-lass and more Avenue, Omaha, Nebr. 68107, filed tional Bank, Philadelphia, Pa. 19101. feed products, (2) mineral supplement January 24, 1967. Carrier’s representa­ Send protests to : E. N. Carignan, District and feed products, (3) farm equipment, tive: Donald E. Leonard, Box 2028, Lin­ Supervisor, Bureau of Operations and (1) from Clinton, Iowa, to Sparta, Nash­ coln, Nebr. 68501. Carrier proposes to Compliance, Interstate Commerce Com­ ville, and Murphysboro, 111.; (2) from operate as a common carrier, by motor mission, 346 Broadway, New York, N.Y. Hannibal, Mo., to Sparta, Nashville, and vehicle, of general commodities, with cer­ No. MC 117823 (Sub-No. 31 T A ), filed Murphysboro, 111.; (3) from Goshen, tain exceptions, over a deviation route Ind., to Sparta, Nashville, and Murphys­ January 31,1967. Applicant: D U N K LE Y as follows: Between Omaha, Nebr., and REFRIGERATED TRANSPORT, INC., boro, 111., for 180 days. Supporting North Platte, Nebr., over Interstate High­ 240 West California Avenue, Salt Lake shippers: Twin County Service Co., 501 way 80, for operating convenience only. North Monroe, Marion, 111.; Randolph City, Utah 84115. Applicant’s repre­ The notice indicates that the carrier is sentative: Lon Rodney Kump, 720 New- Service Co., Sparta, 111. 62286; Washing­ presently authorized to transport the ton County Service Co., Box 112, Nash­ house Building, Salt Lake City, Utah same commodities, over pertinent serv­ 84111. Authority sought to operate as a ville, 111. 62263. Send protests to: ice routes as follows: (1) From Omaha, common carrier, i>y motor vehicle, over Harold C. Jolliff, District Supervisor, Nebr., over U.S. Highway 6 to Lincoln, Bureau of Operations and Compliance, irregular routes, as follows: Dairy Prod­ Nebr., thence over U.S. Highway 77 to Interstate Commerce Commission, Room ucts, as described in section B of ap­ Beatrice, Nebr., thence over U.S. Highway pendix I to the report in Descriptions 476, 325 West Adams Street, Springfield, 136 (formerly Nebraska Highway 3) to in Motor Carrier’s Certificates, 61 M.C.C. 111. 62704. Fairbury, Nebr., (2) from Omaha, Nebr., 209, from points in Idaho to Logan, Utah, No. MC 128847 TA, filed January 31, over U.S. Highway 6 to Lincoln, Nebr., and from Logan, Utah, to points in Ne­ 1967. Applicant: HAROLD J. McTAG- thence over U.S. Highway 34 to junction vada and California, for 180 days. G ART, doing business as HAROLD J. unnumbered highway (form erly U.S. Supporting shipper: Dairy Distributors, McTAGGART TRUCKING, 4306 Third Highway 281), thence over unnumbered Inc., doing business as Gossner’s Cheese Street, Port Hope, Mich. 48468. Au­ highway to Grand Island, Nebr., (3) from Factory, 10th North 10th West, Logan, thority sought to operate as a contract Omaha, Nebr., over U.S. Highway 6 to Utah 84321. Send protests to: John T. carrier, by motor vehicle, over irregular Hastings, Nebr., thence over U.S. High­ Vaughan, District Supervisor, Bureau of routes, as follows: Fertilizer, from Toledo way 281 to junction unnumbered highway Operations and Compliance, Interstate and Findlay, Ohio, to points in Huron, (formerly U.S. Highway 281), thence Commerce Commission, 2224 Federal Sanilac, and Montcalm Counties, Mich., over unnumbered highway to Grand Building, Salt Lake City, Utah 84111. for 180 days. Supporting shipper: Bad Island, Nebr., (4) from Omaha, Nebr., over U.S. Highway 6 (formerly portion No. MC 127834 (Sub-No. 6 T A ), filed Axe Grain Co., Bad Axe, Mich. 48413. U.S. Highway 275) to junction U.S. January 31, 1967. Applicant: CHERO­ Send protests to: District Supervisor KEE H AU LIN G & R IG G IN G , INC., 540- Gerald J. Davis, Bureau of Operations Highway 275, thence over U.S. Highway 275 to Fremont, Nebr., thence over U.S. 42 Merritt Avenue, Nashville, Tenn. and Compliance, Interstate Commerce Highway 36 to Grand Island, Nebr., and 37203. Applicant’s representative: M. Commission, 1110 Broderick Tower, 10 (5) from North Platte, Nebr., over U.S. Bryan Stanley (same address as above). Witherell, Detroit, Mich. 48226. Highway 30 to Grand Island, Nebr., and Authority sought to operate as a com­ By the Commission. mon carrier, by motor vehicle, over ir­ return over the same routes. regular routes, as follows: Iron or steel No. MC 60012 (Deviation No. 2), RIO [ se al] H . N e il G ar so n , GRANDE MOTOR WAY, INC., 1531 rods, angles and reinforcing bars, from Secretary. the plantsite of Tennessee Forging Steel Stout Street, Post Office Box 5482, Den­ Corp., near Harriman, Tenn., to points [F.R. Doc. 67-1511; Filed, Feb. 7, 1967; ver, Colo. 80217, filed January 23, 1967. in Virginia, for 180 days. Supporting 8:49 a.m.] Carrier’s representative: Warren D.

FEDERAL REGISTER, VOL. 32, NO. 26— WEDNESDAY, FEBRUARY 8, 1967 2682 NOTICES

Braucher, 604 Rio Grande Building, shine State Parkway to junction Inter­ sought to operate as a common carrier, Denver, Colo. 80217. Carrier proposes state Highway 4, thence over Interstate by motor vehicle, over irregular routes, to operate as a common carrier, by motor Highway 4 to Orlando, Fla., and (3) transporting: (1) Plywood, (2) wood vehicle, of general commodities, with from Fort Lauderdale, Fla., over Florida flooring, (3) wood siding, (4) paneling, certain exceptions, over a deviation route Highway 84 to junction with the Sun­ (5) wallboard, and (6) accessories used as follows: From Heber, Utah, over U.S. shine State Parkway, thence over the in the installation of items <1) through Highway 40 to junction U.S. Highway 6 Sunshine State Parkway to junction (5), from Charlotte, N.C., to points in approximately 2 miles east of Empire, Interstate Highway 4, thence over Inter­ South Carolina, Tennessee, Georgia, Colo., and return over the same route, state Highway 4 to Orlando, Fla., and Florida, Louisiana, Mississippi, and Ala­ for operating convenience only. The return over the same routes, for operat­ bama. N o t e : The purpose of this re­ notice indicates that the carrier is pres­ ing convenience only. The notice indi­ publication is to broaden the application ently authorized to transport the same cates that the carrier is presently by adding the destination State of Ala­ commodities, over pertinent service authorized to transport passengers and bama. routes as follows: (1) From Denver, the same property, over pertinent serv­ HEARING REMAINS ASSIGNED: Colo., over U.S. Highway 6 to Wheeler, ice routes as follows: (1) From West March 15, 1967, at the U.S. Post Office Colo., thence over Colorado Highway 91 Palm Beach, Fla., over U.S. Highway 441 and Courthouse, 401 West Trade Street, to Leadville, Colo., thence over U.S. to junction Temporary U.S. Highway 98, Charlotte, N.C., before Examiner Rich­ Highway 24 to Grand Junction, Colo., thence over Temporary U.S. Highway ard M. Hartsock. (2) from Wheeler, Colo., over U.S. High­ 98 to Canal Point, Fla., thence over U.S. No. MC 19311 (Sub-No. 13) (Repub­ way 6 to Dowds, Colo., (3) from Provo, Highway 441 to junction Florida High­ lication) published F ederal R egister is­ Utah, over U.S. Highway 189 to Heber, way 15, thence over Florida Highway 15 sues of April 20, 1966, and January 18, Utah, (4) from Salt Lake City, Utah, to Orlando, Fla., (2) from Miami, Fla., 1967, under State Docket No. C-6714, over U.S. Highway 91 via Springville, over U.S. Highway 27 to South Bay, Fla., Case No. 19, and republished this issue. Utah, to Spanish Fork, Utah, thence over thence over Florida Highway 80 to Belle Applicant: CENTRAL TRANSPORT, U.S. Highway 6 to Price, Utah, and (5) Glade, Fla., thence over U.S. Highway INC., 3399 East McNichols Road, Detroit, from Price, Utah, over U.S. Highway 50 441 to junction Florida Highway 15 near Mich. 48212. Applicant’s representa­ to Grand Junction, Colo., and return St. Cloud, Fla., thence over Florida High­ tive: Snyder, Loomis & Ewert, 117 West over the same routes. way 15 to Orlando, Fla., and (3) from Allegan Street, Lansing, Mich. 48933. No. MC 109533 (Deviation No. 4), Fort Lauderdale, Fla., over Florida High­ An order of the Commission, Operating OVERNITE TRANSPORTATION COM­ way 84 to junction U.S. Highway 27, Rights Board No. 2, dated December 27, PANY, Post Office Box 1216, Richmond, thence over U.S. Highway 27 to South 1966, and served January 9, 1967, as Va. 23209, filed January 24, 1967. Car­ Bay, Fla., and thence over the route amended, finds that the description of rier proposes to operate as a common specified in (2) to Orlando, Flaand the transportation service authorized to carrier, by motor vehicle, of general return over the same routes. be conducted solely within the State of commodities, with certain exceptions, By the Commission. Michigan, in intrastate commerce, as a over a deviation route as follows: From common carrier by motor vehicle, pursu­ Charlotte, N.C., over North Carolina [ s e a l ] H. N e il G a r so n , ant to Common Carrier Certificate No. Highway 16 to Conover, N.C., thence over Secretary. C-6714, Case No. 19, dated May 19, 1966, Interstate Highway 40 (or U.S. Highway [F.R. Doc. 67-1512; Filed, Feb. 7, 1967; issued by the Michigan Public Service 70), to Nashville, Tenn., and return over 8:49 a.m.] Commission: General commodities serv­ the same route, for operating conven­ ing the plantsite of Brighton N C Ma­ ience only. The notice indicates that the chine Corp., located at 3400 Swarthout carrier is presently authorized to trans­ [Notice 1026] Road in Hamburg Township, Livingston port the same commodities, over per­ MOTOR CARRIER APPLICATIONS AND County, Mich, (approximately 2 miles tinent service routes as follows: (1) CERTAIN OTHER PROCEEDINGS north of Michigan Highway 36), as an From Charlotte, N.C., over U.S. Highway off-route point in connection with appli­ 74 via Monroe, N.C., to junction U.S. F e b r u a r y 3, 1967. cant’s otherwise authorized regular route Highway 301, thence over U.S. Highway The following publications are gov­ service. Because it is possible that in­ 301 to Lumberton, N.C., thence over erned by Special Rule 1.247 of the Com­ terested parties, who have relied upon North Carolina Highway 211 to Bolton, mission’s rules of practice, published in the notice of the application as published N.C., thence over U.S. Highway 74 to the F ederal R egister issue of April 20, in the F ederal R egister, may have an junction North Carolina Highway 87, 1966, which became effective May 20, interest in and would be prejudiced by and (2) from Monroe, N.C., over U.S. 1966. the lack of proper notice of the author­ Highway 74 to Asheville, N.C., thence The publications hereinafter set forth ity described in this order, a notice of the over U.S. Highway 70 to Nashville, Tenn., reflect the scope of the applications as authority granted by this order will be and return over the same routes. J filed by applicant, and may include published in the F ederal R egister and descriptions, restrictions, or limitations issuance of a certificate of registration M otor C arrier o p P assengers which are not in a form acceptable to in this proceeding will be withheld for a No. MC 74761 (Deviation No. 4), the Commission. Authority which ulti­ period of 30 days from the date of such TAMIAMI TRAIL TOURS, INC., 4305 mately may be granted as a result of the publication, during which period any 21st Avenue, Tampa, Fla. 33610, filed applications here noticed will not neces­ proper party in interest may file an ap­ January 24, 1967. Carrier’s representa­ sarily Reflect the phraseology set forth in propriate pleading. tive: James E. Wharton, 506 First Na­ the application as filed, but also will elim­ N o tic e o f F il in g o f P e t it io n s tional Bank Building, Post Office Box inate any restrictions which are not No. MC-35628 (Notice of filing of pe­ acceptable to the Commission. 231, Orlando, Fla. 32802. Carrier pro­ tition for clarification of certificate), poses to operate as a common carrier, by A pplications A ssig ned for O ral H earing filed January 11, 1967. Petitioner: IN­ motor vehicle, of passengers and their TERSTATE MOTOR FREIGHT SYS­ and in MOTOR CARRIERS OF PROPERTY baggage, express and newspapers, TEM, 134 Grandville Avenue SW., Grand the same vehicle with passengers, over No. MC 115311 (Sub-No. 61) (Amend­ Rapids, Mich. 49502. Petitioner’s repre­ deviation routes as follows: (1) From ment)", filed September 14, 1966, pub­ sentative : Leonard D. Verdier, Jr. (same West Palm Beach, Fla., over U.S. High­ lished F ederal R egister issue of Septem­ address as applicant). Petitioner states way 441 to junction with the Sunshine ber 29, 1966, amended January 17, 1967, that in MC 35628, the following authori­ State Parkway, approximately 7 miles and republished as amended, this issue. west of West Palm Beach, Fla., thence zations are set forth: Between Chicago, Applicant: J & M TRANSPORTATION HI., and Minneapolis and St. Paul, Minn., over the Sunshine State Parkway to CO., INC,, Post Office Box 488, Milledge- junction Interstate Highway 4, thence ville, Ga. Applicant’s representative: serving the intermediate points of Mil­ over Interstate Highway 4 to Orlando, Paul M. Daniell, 1600 First Federal waukee and Madison, Wis., from Chicago Fla., (2) from Miami, Fla., over the Sun­ Building, Atlanta, Ga. 30303. Authority over U.S. Highway 41 to Milwaukee, Wis.,

FEDERAL REGISTER. VOL. 32, NO. 26— WEDNESDAY, FEBRUARY 8, 1967 NOTICES 2683

thence over U.SA Highway 18 to Madison, the use of special equipment between HENRY JANSEN, 620 West Main Street, Wis., and thence over U.S. Highway 12 to points in Rhode Island. N o t e : Appli­ Lynden, Wash., of control of such rights Minneapolis and St. Paul, and return cant states that authority of St. Johns­ through the purchase. Applicants’ at­ over the same route; and between To­ bury Trucking Co., Inc., can be tacked at torneys: John M. Stern, Jr., Box 1672, mah, Wis., and Minneapolis and St. Paul, any point in Rhode Island; however, for Anchorage, Alaska 99501, and James T. Minn., serving the intermediate point of a practical matter, the tacking point that Johnson, 1610 I.B.M. Building, Seattle, La Crosse, Wis., from Tomah over U.S. will be most often used will be Providence Wash. 98101. Operating rights sought Highway 16 to La Crosse, Wis., and and/or Pawtucket, R.I. This applica­ to be transferred: (The following rights thence over U.S. Highway 61 to Minne­ tion is directly related to MC-F-9654, are presently in the name of CLIFFORD apolis and St. Paul, and return over the published in the F ederal R egister Feb­ B. STEADMAN, doing business as IN ­ same route. Petitioner has consistently ruary 1, 1967. If a hearing is deemed TERIOR FREIGHT LINES) General interpreted its certificate as authorizing necessary, applicant requests it be held commodities, excepting, among others, service at Tomah for purposes of joinder at Boston, Mass. commodities in bulk and household only. In order to clarify its authority, A pplications U nder S e c t io n s 5 and goods, as a common carrier, over regular petitioner believes that both of the route 210a(b) routes, between Anchorage, Alaska, and descriptions set forth above should be the Tanana River on Alaska Highway 2 supplemented by the phrase “and serv­ The following applications are gov­ north of Big Delta, Alaska, serving all ing Tomah, Wis., for purposes of joinder erned by the Interstate Commerce Com­ intermediate points except those be­ only”. Any interested person desiring to mission’s special rules governing notice tween Anchorage, and Palmer, Alaska, participate may file an original and six of filing of applications by motor car­ including Palmer, between Gulkana copies of his written representations, riers of property or passengers under Junction, Alaska, and Tok Junction, views, or argument in support of, or sections 5(a) and 210a (b) of the Inter­ Alaska, between Glennallen, Alaska, and against the petition within 30 days from state Commerce Act and certain other Valdez, Alaska, between Buffalo Center, the date of publication in the F ederal proceedings with respect thereto. (49 Alaska and the United States-Canada R eg ister . CFR 1.240) boundary line. Restriction: The author­ No. MC 116497 (Notice of filing of MOTOR CARRIERS OF PROPERTY ity granted in the route next above is petition to amend perm it), filed January subject to the condition that no service 13, 1967. Petitioner: CLANCY BROS. No. MC-F-9656. Authority sought for may be performed at the United States- TRANSPORTATION CO., INC., 70 Ben­ purchase by McRAY TRUCK LINE, INC., Canada boundary line, between junction gal Terrace, Rochester, N.Y. 14610. Pe­ Route No. 1, Springfield, Ky. 40069, of a Alaska Highway 4 and unnumbered titioner’s representative: Raymond A. portion of the operating rights of ROB­ Highway north of Tonsina, Alaska, and Richards, 23 West Main Street, Webster, ERT PARRISH, ROBERT G. PARRISH, Chitina, Alaska, and between Paxson, N.Y. 14580. Petitioner states that it AND BUFORD PARRISH, doing busi­ Alaska, and Mount McKinley Park Head­ holds authority in MC 116497, to trans­ ness as P A R R IS H BROS. IM PLE M E N T quarters, Alaska, serving all intermediate port as follows: Fresh meats, in vehicles CO., 913 Fehr Avenue, Louisvillej Ky., points. Vendee is authorized to operate equipped with mechanical refrigeration, and for acquisition by ARTHUR B. Mc­ as a common carrier in Washington, from Rochester, N.Y., to points in Con­ RAY and FLORENCE McRAY, both of Alaska, and Idaho. Application has not necticut, Delaware, Maine, Maryland, Post Office Box 329, Springfield, Ky. been filed for temporary authority under 40069, of control of such rights through Massachusetts, New York, New Jersey, section 210a(b). N o t e : See also MC- Rhode Island, Pennsylvania, Virginia, the purchase. Applicants’ attorney: FC-69375 (FERMAN L. and EILEEN M. and the District of Columbia, with no Ollie L. Merchant, Suite 202, 140 South STRICKLAND , doing business as IN T E ­ transportation for compensation on re­ Fifth Street, Louisville, Ky. 40202. Op­ RIOR FREIGHT LINES, Transferee and turn except as otherwise authorized. erating rights sought to be transferred: CLIFFORD B. STEADMAN, doing busi­ Restriction: The above-described opera­ Fertilizer, fertilizer compounds, and fer­ ness as IN TE R IO R F R E IG H T LINES, tions are limited to a transportation tilizer materials, as a common carrier, Transferor), filed December 30, 1966. service to be performed, under a continu­ over irregular routes, from the plantsite No. MC-F-9658. Authority sought for ing contract, or contracts, with Queen of Davidson Chemical Co., at New control and merger by LOVELACE Packing Co. of Rochester, N.Y. By the Albany, Ind., and the plantsite of Armour TRUCK SERVICE, INC., 425 North Sec­ instant petition, petitioner requests that Fertilizer Works, at Jeffersonville, Ind., ond Street, Terre Haute, Ind. 47808, of its permit be amended to include Roch­ to points in Kentucky. Restriction: The the operating rights and property of ester Independent Packer, Inc., of service authorized herein is subject to CHRYSLER’S TRUCK LINE, INC., Rochester, N.Y., as an additional ship­ the following conditions: That carrier Casey, HI. 62420, and for acquisition by per. Any interested person desiring to shall conduct its for-hire transportation M. F. NIEMEYER, Rural Route 3, West participate may file an original and six separate from its other business activi­ Terre Haute, Ind., of control of such copies of his written representations, ties. That carrier shall maintain sepa­ rights and property through the trans­ views, or argument in support of, or rate accounts and records therefor. action. Applicants’ attorney: Ferdinand against the petition within 30 days from That carrier shall not transport property Bom, 601 Chamber of Commerce Build­ the date of publication in the F ederal both as a for-hire carrier and a private ing, Indianapolis, Ind. 46204. Operating R egister. carrier at the same time in the same ve­ rights sought to be controlled and hicle. Vendee is authorized to operate merged: General commodities, except A pplications for Certificates or P er ­ as a contract carrier in Indiana, Ala­ m it s W h ic h A re T o B e P rocessed C o n ­ those of unusual value, and except high bama, Maryland, New Jersey, New York, explosives, household goods (when trans­ c u r r e n t ly w i t h A pplications U nder Pennsylvania, Texas, Arkansas, Florida, ported as a separate and distinct service S e c t io n 5 G o verned b y S p e c ia l R u l e Georgia, Minnesota, Kansas, Louisiana, 1.240 to t h e E x t e n t A p plic a b le in connection with so-called “household Mississippi, Missouri, North Carolina, movings”), commodities in bulk, com­ No. MC 108473 (Sub-No. 28), filed Jan­ Ohio, Oklahoma, South Carolina, Ten­ modities requiring special equipment, and uary 25, 1967. Applicant: ST. JOHNS- nessee, Illinois, Virginia, West Virginia, those injurious or contaminating to other BURY TRUCKING COMPANY, INC., 38 Kentucky, and the District of Columbia. lading, as a common carrier, over regu­ Main Street, St. Johnsbury, Vt. 05819. Application has not been filed for tem­ lar routes, between Casey, 111., and Terre Applicant’s representatives: Francis E. porary authority under section 210a(b). Haute, Ind., serving all intermediate and Francis P. Barrett, 25 Bryant Ave­ No. MC-F-9657. Authority sought for points, between Casey, 111., and Flora, 111., nue, East Milton, Mass. 02186. Author­ purchase by LYNDEN TRANSFER, INC., serving the intermediate point of Olney, ity sought to operate as a common car­ Lynden, Wash., of the operating rights 111., restricted to cream and cream sta­ rier, by motor vehicle, over irregular Of COPPER VALLEY TRADING COM­ tion equipment; all other intermediate routes, transporting: General commodi­ PANY (these rights were acquired by points without restriction; and the off- ties, except those o f unusual value, virtue of a Bill of Sale, dated July 26, route points of Altamont, HI., restricted classes A and B explosives, household 1966, from the District Court for the to cream and cream station equipment, goods as defined by the Commission, State of Alaska), Box 1672, Anchorage, and Toledo, Eberle, Bible Grove, and commodities in bulk, and those requiring Alaska 99501, and for acquisition by Dundas, 111., without restriction. LOVE-

FEDERAL REGISTER, VOL. 32, NO. 26— WEDNESDAY, FEBRUARY 8, 1967 2684 NOTICES

LACE TR U C K SERVICE, INC. is author­ connection with the above routes, serving through the acquisition by THE AETNA ized to operate as a common carrier in all intermediate points; general commod­ FREIGHT LINES, INCORPORATED. Illinois, Indiana, Iowa, Kentucky, Michi­ ities, excepting, among others, household Applicants’ attorneys: Walter Harwood, gan, Missouri, Wisconsin, Ohio, Minne­ goods and commodities in bulk, between 515 Nashville Bank and Trust Building, sota, and Wisconsin. Application has Salt Lake City, Utah, and Panguitch, Nashville, Tenn. 37201, and A. O. Buck, not been filed for temporary authority Utah, serving the intermediate points of 500 Court Square Building, Nashville, under section 210a (b). Junction and Circleville, Utah; general Tenn. 37203. Operating rights sought to No. MC-F-9659. Authority sought for commodities, except those of unusual be controlled: Commodities which, be­ purchase by ILUNOIS-CALIFORNIA value, livestock, liquid commodities in cause of size or weight, require the use EXPRESS, INC., 510 East 51st Avenue, bulk, in tank vehicles, household goods of special equipment, as a common car­ Denver, Colo. 80216, of the operating as defined by the Commission, and com­ rier, over irregular routes, between points rights and property of ARIZONA-UTAH modities which because of their size or in Alabama, Arkansas, Louisiana, Ken­ EXPRESS, 929 South Fourth West, Salt weight require the use of special equip­ tucky, Mississippi, and Tennessee. Re­ Lake City, Utah 84101, and for acquisi­ ment, other than flatbed trucks, over ir­ striction: The operations authorized tion by FRONTIER, INC., also of Denver, regular routes, between Fredonia, Ariz., herein are restricted against the trans­ Colo., of control of such rights and prop­ on the one hand, and, on the other, points portation of (1) iron and steel, and iron erty through the purchase. Applicant's. in Arizona within 75 miles of Fredonia, and steel articles, which originate at An­ attorneys and representatives: Roland when prior or subsequent movement is niston, Birmingham, Decatur, Gadsden, Rice, 618 Perpetual Building, 1111 E over the above-specified regular routes and Tuscaloosa, Ala., or points within 10 Street NW „ Washington, D.C. 20004, between Salt Lake City, Utah, and Phoe­ miles thereof, (2) stone, aircraft and Eugene T. Liipfert, 1616 H Street NW., nix, Ariz.; and ore, in bulk between all missiles and parts thereof, and (3) pipe, Washington, D.C.; Stoddard White, 510 points in Arizona within 25 miles of the pipeline dope, and valves used in or in East 51st Avenue, Denver, Colo. 80216, regular routes heretofore specified, on connection with the construction, opera­ Robert W . W right, Jr., 510 East 51st Ave­ the one hand, and, on the other, all points tion, repair, maintenance, servicing, or nue, Denver, Colo. 80216, Neuman Petty, in Utah. Vendee is authorized to op­ dismantling of pipelines, including the 909 East 21st South, Salt Lake City, Utah erate as a common carrier in California, stringing or picking up of pipe in con­ 84106, and Charles Hollingworth, 929 Colorado, New Mexico, Arizona, Illinois, nection therewith. THE AETNA South Fourth West, Salt Lake City, Utah Iowa, Nebraska, Kansas, Wyoming, Ne­ FREIGHT LINES, INCORPORATED, is 84101. Operating rights sought to be vada, and Texas. Application has not authorized to operate as a common car­ transferred:, General commodities, ex­ been filed for temporary authority under rier in Michigan, Pennsylvania, West cept those of unusual value, livestock, li­ section 210a (b ). Virginia, Ohio, Indiana, New York, Illi­ quid commodities in bulk, in tank vehi­ No. MC-F-9660. Authority sought for nois, Kentucky, Iowa, and Wisconsin. cles, household goods as defined by the control by THE AETNA FREIGHT Application has been filed for temporary Commission, and commodities which be­ LINES, INCOPORATED, Post Office Box authority under section 210a(b). cause of their size or weight require the 350, 2507 Youngstown Road, Warren, By the Commission. use of special equipment, other than flat­ Ohio 44482, of R A Y CARTER, INC., 1629 bed trucks, as a common carrier, over Rosell Street, Memphis, Tenn. 38106, and [ s e a l ] H. N e il G ar so n , regular routes, between Salt Lake City, for acquisition by J. PHIL FELBURN, Secretary. Utah, and Phoenix, Ariz., serving all in­ termediate and certain off-route points, 4160 West Broad Street, Columbus, Ohio, [F.R. Doc. 67-1513; Filed, Feb. 7, 1967; between Nephi, Utah, and Delta, Utah, in of control of RAY CARTER, INC., 8:49 a.m.]

FEDERAL REGISTER. V O L 32, NO. 26— WEDNESDAY, FEBRUARY Bf 1967 FEDERAL REGISTER 2685

CUMULATIVE LIST OF PARTS AFFECTED— FEBRUARY The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published to date during February. 3 CFR Pas® 7 CFR—Continued Page 16 CFR Page P roclamations : P roposed R u l e s — Continued 13______1170,2497-2499 3765...... - ______1167 1106______2573, 2574 15______; 1171 302— ______2377 E x e c u t iv e O rders: 1108______— ______2573 1120______2573 P roposed R u l e s : 11325______1119 1126 ______2573, 2574 602_...... 1131 P residential D o c u m e n t s O th er 1127 ______2573 T h a n P roclamations and E x ­ 1128 ______2382 e c u t iv e O rders: 19 CFR 1129 ______2573 Letter of Feb. 1,1967_____ 2493,2495 1130 ______2573 5______— 1176 10— ______5 CFR 1132______2573 2437 1138______2573 213______2361 20 CFR 831______—______..______2427 8 CFR 405______1172 7 CFR 212_____ ’______¿J,____ 2500. P roposed R u l e s : 81______2442 405______2688 319______2443 9 CFR 401______1123,1169 53______2427 21 CFR ______1124 404— ______P roposed R u l e s : 3------I ______1172 ______1124 410______76______2643 18______1127 ______1124 411______.*____ 203-______2575 19 ______1127, 2611 722______2361 20 ______1128 724______1124, 2603, 2609 10 CFR 25 ______1128 729 _____— ______1169 ______1128 50______— 2562 31______— 730 ______1169 120______...... 2611 775__i ______2500 70 ______2364, 2562 115— ______2563 121______1173, 2611,2612 811______2609 ______1172 140______2563 148i______907______1125, 2444 148r______1172 910-______2445, 2524 P roposed R u l e s : 191______2612 912______2445 30 ______2575 P roposed R u l e s : 913______2445 31 _ 2649 8______2645, 2646 991____ „______1125 32 ______— ...... 2575, 2649 1001______2361 19______2646, 2647 1002______2362 12 CFR 120______2647 1015______2362 141e______1184 1032______2611 1______2499 146e______1184 1064______2363 217_____ 2428 1096______1125 531_...... — ______2366 23 CFR P roposed R u l e s : P roposed R u l e s : 255...... ____ 2408 201______2644 10______2640 P roposed R u l e s ; 301______2642 18______2640 255______2417, 2418 319______1181 509—______2650 813 ______1132 547 _ 2654 26 CFR 814 ___ 2573 548 ______2654 P roposed R u l e s : 1001______1181, 2447, 2644 549______1______2654 1002______2447 550 __ :______— 2654 31______2565 1015______1181, 2447, 2644 551 _ 2654 46______2565 1031— ______2573 566______2658 48 ______2565 1032______2573 49 ____ 2565 1034______2573 13 CFR 1038 ______2573 Ch. I ______2377 29 CFR 1039 ______2573 101______2377 800______2378 1044 ______2573 121______2564 1045 ______2573 P roposed R u l e s : 1047______1132 608______2648 1049 ______2382 14 CFR 689______2648 1050 ______2573 39______2438-2440 1051 ______2573 71 _____ 2002, 2368-2370, 2440-2442, 2615 32 CFR 1062______2573 73______2002, 2370 591______2616 1603______2573, 2644 75______2002, 2442 596 ______2622 97______2371 1064______1133,2573 597 ______2622 1067 ______2573 P roposed R u l e s : 600______2623 1068 ______2573 39______2382, 2450, 2451,2576, 2577 602______2623 1070 ______2573, 2644 71_ 2383, 2451-2453, 2578, 2649, 2650 606______2623 1071 ______2573 73______2453 1078 ___ — 2573, 2644 75______2453, 2454 706______2624 1079 _— ____ 2573, 2644 713______2525 1097 ______2573 818______2367 1098 ______2573 15 CFR 2367 1099 ______2448, 2573 11 ______- _____ 1126 908______1102______2573 230______— 2377 1622______2367 1104______2573 602______2433 1643______1130 2686 FEDERAL REGISTER

32A CFR Page 41 CFR— Continued Page 47 CFR—Continued Page OIA (Ch. X ) 1-12______2626 13------2626 O l Reg. 1 1175 4—1—______1176 »1 ------;------2627 4-3______1177 33 - 2627 36 CFR 4-4______1177 34 ------2627 T______2564 4-5_____ ¿¡'¿i;______1179 35 ------;------2627 4-12______1179 73— ______1129,1130 4-16______1180 38 CFR P roposed R u l e s : 4—50__—______1180 2613 i______50-202______;_____ 2431 21______2383 14______2429 64______2384 101- 20- ______2432 73______1135, 1136, 2384 39 CFR 45 CFR 141______- ______2432 49 CFR P roposed R u l e s : 155______2432, 2624 73------____ 1180 211-273. 85. 2448 50 CFR 41 CFR 47 CFR 33— ______1180, 2376, 2377, 2639 l - i ______2624 o______2626 P roposed R u l e s : 1-2_____ 2626 5— ______112932______1132 FEDERAL REGISTER VOLUME 32 • NUMBER 26 Wednesday, February 8, 1967 • Washington, D.C. P A R T II

Department of Health, Education, and Welfare Social Security Administration

Federal Health Insurance For the Aged

Criteria for determination of reason­ able charges; reimbursement for services of hospital interns, resi­ dents, and supervising physicians

No. 26—Pt. n ---- 1 2688 NOTICES of the “reasonable charge” for such based on the actual charge for the serv­ DEPARTMENT OF HEALTH, EDU­ service which is determined by the car­ ice when, in a given instance, that charge riers selected by the Secretary to assist is less than the amount which the carrier CATION, AND WELFARE in the administration of the supplemen­ would otherwise have found to be within tary medical insurance program. the limits of acceptable charges for the particular service. Moreover, the income Social Security Administration § 405.502 Criteria for determining rea­ of the individual beneficiary is not to be sonable charges. [ 20 CFR Part 405 1 taken into account by the carrier in de­ (a ) Criteria. The two criteria set out termining the amount which is consid­ HEALTH INSURANCE PROGRAM FOR in the law which are considered in de­ ered to be a reasonable charge for a THE AGED termining reasonable charges are: service rendered to him. There is no (1) The customary charges for similar provision in the law for a carrier to Notice of Proposed Rule Making services generally made by the physician evaluate the reasonableness of charges Notice is hereby given, pursuant to the or other person furnishing such services; in light of an individual beneficiary’s Administrative Procedure Act, as amend­ and economic status. ed, that the regulations set forth below (2) The prevailng charges in the lo­ (b) Variation of charges. If the indi­ in tentative form are proposed by the cality for similar services. vidual physician or other person varies Commissioner of Social Security, with . (b) Comparable services limitation. his charges for a specific medical pro­ the approval of the Secretary of Health, The law also specifies that the reason­ cedure or service, so that no one amount Education, and Welfare. The proposed able charge cannot be higher than the is charged in the m ajority of cases, it regulations (§ 405.501 et seq.) relate to charge applicable for a comparable serv­ will be necessary for the carrier to ex­ the criteria for determination of reason­ ice under comparable circumstances to ercise judgment in the establishment of able charges for services of physicians the carriers’ own policyholders and sub­ a “ customary charge” for such physician and other persons furnishing medical scribers. or other person. In making this judg­ and other health services covered under (c) Application of criteria. In apply­ ment, an important guide, to be utilized the supplementary medical insurance ing these criteria, the carriers are to when a sufficient volume of data on the program and the principles for deter­ exercise judgment based on factual data physician’s or other person’s charges is mining whether reimbursement for the on the charges made by physicians to available, would be the median or mid­ services of interns, residents, and super­ patients generally and by other persons point of his charges, excluding token and vising physicians rendered in connection to the public in general and on special substandard charges as well as excep­ with graduate medical education pro­ factors that may exist in individual cases tional charges on the high side. A sig­ grams w ill be made under Part A or Part so that determinations of ' reasonable nificant clustering of charges in the B of title XVIII of the Social Security charge ar.e realistic and equitable. vicinity of the median amount might in­ (d ) dicate that a point of such clustering Act. Responsibility of Administration Prior to the final adoption of the pro­ and carriers. Determinations by car­ should be taken as the physician’s or posed regulations, consideration will be riers of reasonable charge are not re­ other person’s “customary” charge. Use given to any data, views, or arguments viewed on a case-by-case basis by the of relative value scales will help in ar­ pertaining thereto which are submitted Social Security Administration, although riving at a decision in such instances. in writing, in duplicate, to the Commis ­ the general procedures and performance (c) Use of relative value scales. If, sioner of Social Security, Department of of functions by carriers are evaluated. for a particular medical procedure or Health, Education, and Welfare Build­ In making determinations, carriers ap­ service, the carrier is unable to deter­ ing, Fourth and Independence Avenue ply the provisions of the law under broad mine the customary charge on the basis SW., Washington, D.C. 20201, within a principles issued by the Social Security of reliable statistical data (for example, period of 30 days from the date of publi­ Administration. These principles are in­ because the carrier does not yet have sufficient data or because the perform­ cation of this notice in the F ederal tended to assure overall consistency ance of the particular medical procedure R egister. among carriers in their determinations of The proposed Federal Health Insur­ reasonable charge. The principles in or service by the physician or other per­ ance for the Aged regulations are to be §§405.503-405.507 establish the criteria son is infrequent), the carrier may use issued under the authority contained in for making such determinations in ac­ appropriate relative value scales to de­ sections 1102, 1814(b), 1833(a), 1842(b), cordance with the statutory provisions. termine thé customary charge for such and 1871, 49 Stat. 647, as amended, 79 procedure or service in relation to §405.503 Determining customary customary Charges o f the same physician Stat. 296, 79 Stat. 302, 79 Stat. 310, 79 charges. or person for other medical procedures Stat. 331; 42 U.S.C. 1302, 1395 et seq. (a ) Uniform amount. The term “ cus­ and services. [ s e a l! R obert M. B a l l , tomary charges” will refer to the uni­ (d ) Revision of customary charge. A Commissioner of Social Security. form amount which the individual physician’s or other person’s customary charge is not necessarily a static amount. Approved: January 28, 1967. physician or other person charges in the majority of cases for a specific medical Where a physician or other person alters W il b u r J. C o h e n , procedure or service. In determining liis charges, a revised pattern of charges Acting Secretary of Health, such uniform amount, token charges for for his services may develop. Where on Education, and Welfare. charity patients and substandard charges the basis of adequate evidence, the car­ for welfare and other low income pa­ rier finds that the physician or other tients are to be excluded. The reason­ person furnishing services has changed Subpart E— Criteria for Determination able charge cannot, except as provided his charge to the public in general for a of Reasonable Charges; Reim­ in § 405.506, be higher than the individ­ service, the revised charge may be recog­ bursement for Services of Hospital ual physician’s or other person’s custom­ nized as the customary charge in mak­ Interns, Residents, and Supervising ary charge. The customary charge for ing determinations of reasonable charges for such service when rendered there­ Physicians different physicians or other persons may, of course, vary. The law does not after to supplementary insurance bene­ § 405.501 Determination of reasonable contemplate the establishment of a gen­ ficiaries. " If the new customary charge charges. eral fee schedule applicable to all phy­ is not above the prevailing level, it may be deemed to be reasonable by the carrier, Payment for medical and other health sicians or other persons furnishing med­ subject to the provisions of § 405.508. services (see § 405.251) furnished by ical and other services but calls for physicians or other persons (except for individual determinations which take § 405.504^ D e t e r m i n i n g p rev ailin g services furnished by group practice into account the facts as to existing charges. practice with respect to charges of the prepayment plans electing cost reim­ (a ) Ranges of charges. The term bursement and certain services furnished particular physician or other person as well as others in the locality. However, “prevailing charges” refers to those by, or under arrangements made by, a charges which fall within the range o provider of services) is made on the basis payment for a covered service would be

FEDERAL REGISTER, VOL. 32, NO. 26— WEDNESDAY, FEBRUARY 8, 1967 NOTICES 2689 charges most frequently and most Widely to time on the basis of factual informa­ Doctor B ’s bill is his customary charge of used in a locality for particular niedical tion about the charges made by physi­ $85. procedures or services. The top o f this cians and other persons to the public in Doctor C’s bill is his customary charge of range establishes, except as provided in general. This information should be $125. § 405.506, an overall limitation on the obtained from all possible sources includ­ Doctor D ’s bill is for $100, although he charges which a carrier will accept as customarily charges $80, and there are no ing a carrier’s experience with its own special circumstances in the case. reasonable for a given medical procedure programs as well as with the supplemen­ The reasonable charge for Doctor A would or service. Prevailing charges are de­ tary medical insurance program. be limited to $75 since under the law the rived from the overall pattern existing reasonable charge cannot exceed the actual within a locality. For example, in a § 405.505 Determination o f “locality.” charge, even if it is lower than his customary given locality the carrier may find that “Locality” is the geographical area to charge and below the prevailing charges for the charges most frequently and widely be determined by the carrier and used the locality. The reasonable charge for Doctor B would used by physicians for a particular for deriving the prevailing charge for medical procedure range from $150 to be $85 because it is his customary charge services. Usually, a , locality will be a and it falls within the range of prevailing $175. If in another locality the carrier political or economic subdivision of a charges for that locality. finds that the prevailing charges are State. It should include a cross section The reasonable charge for Doctor C could different for the same procedure, then of the population with respect to eco­ not be more than $100, the top of the range a different range of charges would be nomic and other characteristics. Where of prevailing charges. applied in making reasonable charge people tend to gravitate toward certain The reasonable charge for Doctor D would determinatons for that locality. An ac­ population centers to obtain medical be $80, because that is his customary charge. ceptable method for the carrier to ob­ Even though his actual charge of $100 falls care or service, localities may be recog­ within the range of prevailing charges, the jectively determine that the point at nized on a basis constituting medical reasonable charge cannot exceed his cus­ which such limitation is established service areas (interstate or otherwise), tomary charge in the absence of special would be the use of the mean (arithmetic comparable in concept to “trade areas.” circumstances. average) of the customary charges of Localities may differ in population dens­ physicians or other persons in the ity, economic level, and other major fac­ § 405.508 Determination o f comparable locality for a given medical procedure tors affecting charges for services. Car­ circumstances; limitation. or service, plus one standard deviation riers therefore shall delineate “locali­ (a) Application of limitation. The above the mean, rounded to the next ties” on the basis of their knowledge of carrier may not in any case make a de­ highest dollar. However, the carrier local conditions. However, distinctions termination of reasonable charge which will adopt an appropriate limit for each between localities are not to be so finely would be higher than the charge upon procedure or service with judgment being made that a “locality” includes only a which it would base payment to its own exercised to assure that with respect to very limited geographic area whose pop­ policyholders for a comparable service each particular array of data the result ulation has distinctly similar income in comparable circumstances. The reached is reasonable. If, for example, characteristics (e.g., a very rich or very charge upon which it would base pay­ there is a point just above the standard poor neighborhood within a city). ment, however, does not necessarily deviation which represents the amount mean the amount the carrier would be charged by a substantial number of § 405.506 Charges higher than custom­ ary or prevailing charges. obligated to pay. Under certain circum­ physicians in the locality, the limitation stances, some carriers pay amounts on might, in such a situation, be established A charge which exceeds either the behalf of individuals who are their so as to include this point. On the other customary charge of the physician or policyholders, which are below the cus­ hand, the “ trailing off” of an appreciable other person who rendered the medical tomary charges of physicians or other number of charges above the mean plus or other health service, or the prevailing persons to other individuals. Payment one standard deviation would not justify charge in the locality, or both, may be under the supplementary medical insur­ an upward adjustment. The “standard found to be reasonable but only where ance program would not be limited to deviation” is a basic statistical measure there are unusual circumstances, or these lower amounts. widely used in dealing with variations medical complications requiring addi­ from a central tendency or norm. Its (b) When comparability exists. tional time, effort or expense which “ Comparable circumstances,” as used in advantage over the approach that the support an additional charge, and only “prevailing charge” is to include a fixed the Act and this subpart, refers to the if it is acceptable medical or medical circumstances under which services are percentage of all charges lies in the fact service practice to make an extra charge that the standard deviation is flexible rendered to individuals and the nature in such cases. On the other hand, the of the carrier’s health insurance pro­ rather than rigid. It takes into account mere fact that the physician’s or other and is responsive to differences in the grams and the method it uses to deter­ person’s customary charge is higher than mine the amounts of payments under spread that exists in the underlying data. prevailing would not justify a determi­ (b) Variation in range of ‘prevailing these programs. Generally, compara­ nation of reasonable charge higher than bility would exist where: charges. The range of prevailing the prevailing charge.« charges in a locality may be different for (1) The carrier bases payment under physicians or other persons who engage § 405.507 Illustrations of the applica­ its program on the usual and customary in a specialty practice or service than for tion of the criteria for determining charges of physicians or other persons others. Existing differentials in the reasonable charges. and on current prevailing charges in a level of charges between different kinds The following examples illustrate how locality, and of practice or service could, in some lo­ the general criteria on customary charges (2) The determination does not pre­ calities, lead to the development of more and prevailing charges might be applied clude recognition of factors such as than one range of prevailing charges for in determining reasonable charges under specialty status and unusual circum­ application by the carrier in its deter­ the supplementary medical insurance stances which affect the amount charged minations of reasonable charges. Car­ program. Basically, these examples for a service. rier decisions in this respect should be demonstrate that, except where the (c) Responsibility for determining responsive to the existing patterns, of actual charge is less, reasonable charges comparability. Responsibility for de­ charges by physicians and other persons will reflect current customary charges of termining whether or not a carrier’s pro­ who render covered services, and should the particular physician or other person gram has comparability will in the first establish differentials in the levels of within the ranges of the current pre­ instance fall upon the carrier in report­ charges between different kinds of prac­ vailing charges in the locality for that ing pertinent information about its pro­ tice or service only where in accord with type and level of service: grams to the Social Security Administra­ such patterns. The prevailing charge for a specific medi­ tion. When the pertinent information (c) Réévaluation and adjustment of cal procedure ranges from $80 to $100 in a has been reported, the Social Security prevailing charges. Determinations of certain looality. Administration will advise the carrier Prevailing charges by the carrier are to Doctor A’s bill is for, $75 although he whether any of its programs have com­ be reevaluated and adjusted from time customarily charges $80 for the procedure. parability.

FEDERAL REGISTER, VOL. 32, NO. 26— WEDNESDAY, FEBRUARY 8, 1967 2690 NOTICES

§ 405.520 Reimbursement for services and by making frequent reviews of the In accordance with the basis for payment o f interns, residents and supervising patient’s progress. under the health insurance program for physicians; general. (c) Charges for such services of the services provided by participating hos­ pitals, the cost of the services of interns (a) Under the health Insurance pro­ attending physician may be billed either and residents is reimbursable to the hos­ gram, almost all the aged have protection directly by him or by the hospital under pital, specifically as a component of al­ against hospital expenses, and the great arrangements between the physician and lowable costs defined by the principles majority also have protection against the hospital. In either case, the amount o f reimbursement for provider costs set medical expenses. This health insur­ payable under the program for such serv­ ices may be determined in accordance forth in Subpart D of Part 405. Under ance coverage is intended to provide a the principles discussed in Subpart D of substantial measure of freedom to bene­ with the same criteria for the determi­ nation of reasonable charges as are ap­ this Part 405, an appropriate share of ficiaries in selecting hospitals and physi­ the provider’s total allowable costs is cians of their choice. Whatever the plicable to the services which the physician renders to his other patients reimbursable under the health insurance choice, beneficiaries, as insured patients, program. (For purposes of including are to be accorded the same status as (see §§405.501-405.508 of this Sub­ part E ). services of interns and residents as an other insured and paying patients in re­ element of allowable cost in accordance gard to the hospital and medical care (d) It is recognized that there will necessarily be situations where a patient with these principles, recording and re­ they are provided. porting by the hospital o f the specific (b) Many beneficiaries will choose to will receive medical services in the teach­ ing setting for which payment on the services rendered to individual benefici­ receive the care they need from hospitals basis of reasonable charges will not be aries is not necessary.) with approved graduate medical educa­ (c) Conversely, services of interns and tion programs and from other institu­ applicable. For example, there will be instances where it will neither be neces­ residents are not reimbursable under the tions where services of interns and resi­ health insurance program on the basis dents are provided. Many will receive sary from the standpoint of the medical needs of the patient nor appropriate which applies to physicians’ services; i.e., care in these hospitals as patients of from the standpoint of the continuing reasonable charges (see §§ 405.501-405.- physicians who, in turn, will involve in­ development of the residents’ competence 508 of this Subpart E ). This distinction terns and residents in the care of their for there to be an attending physician with respect to the basis for the health patients. The basis for reimbursement who carries out the responsibilities re­ insurance program reimbursement ap­ for such services by interns and residents ferred to in paragraph (b) of this sec­ plies to services of interns and residents is different from that applicable to such tion. Whether or not a physician makes whether covered by the hospital insur­ physicians’ services. a charge recognized under the supple­ ance program or the supplementary § 405.521 Services o f attending physi­ mentary medical insurance program for medical insurance program. The cost cians supervising interns and resi­ services to patients which involve the of outpatient diagnostic services (see dents. participation of residents or interns, the § 405.145) covered under the hospital (a) Attending physicians’ services hospital can receive reimbursement on insurance program (see Subpart A of rendered to beneficiaries in a teaching a cost basis for an appropriate share of Part 405) and other outpatient services setting are covered under the supple­ the compensation it pays its residents (see § 405.231) covered under the supple­ mentary medical insurance program and and interns. If the teaching program is mentary medical insurance program (see the payment for such services is on the an approved educational activity of the Subpart B of Part 405) which are pro­ basis of reasonable charges (see pars, hospital, reimbursement will also be vided by a hospital, including intern and (b) and (c) of this section). The costs available bn a cost basis to the hospital resident services where involved, is re­ to a hospital for teaching services fur­ for an appropriate share of the compen­ imbursed to the hospital under the health nished by a physician in connection with sation it pays to physicians for teaching insurance program to the extent of 80 an approved graduate medical education services (as opposed to professional serv­ percent of the cost of services rendered program are allowable in accordance ices which contribute to the diagnosis or to the beneficiaries after recognition of- with the principles of reimbursement for treatment of the patient) and for other the deductible amount (see § 405.142 and provider costs (see par. (d)). costs of educational programs conducted § 405.240(d)). The beneficiary will in­ (b) Payment on the basis of reason­ by the hospital. These costs are allow­ cur the expense of the deductible and able charges is applicable to the profes­ able in accordance with the principles of coinsurance amounts as determined on sional services rendered to a beneficiary reimbursement for provider costs (see the basis of the hospital’s charges to the by his attending physician where the at­ § 405.421 of Subpart D ) . beneficiary. Hospital charges may in­ tending physician provides personal and (e) Nothing in the foregoing restricts clude a charge for the services of interns identifiable direction to interns or resi­ the disposition of payments for services or residents as a specific item, or these dents who are participating in the care received either from the health insur­ services may be included in the general of his patient. In the case of major sur­ ance program or from beneficiaries, in charges to the beneficiary made by the gical procedures and other complex and accordance with agreements between hospital for the covered services it pro­ dangerous procedures o^situations, such hospital and physicians. vides. personal and identifiable direction must § 405.522 Interns’ and residents’ serv­ § 405.523 Interns’ and residents’ serv­ include supervision in person by the at­ ices in approved teaching programs. ices not in approved teaching pro­ tending physician. A charge should be grams. recognized under Part B for the services (a) Title XV III of the Act gives recog­ of an attending physician who involves nition to hospital teaching programs (a) The services of a hospital resident residents and interns in the care of his which are duly approved in their respec­ or intern who is not under an approved patient only if his services to the patient tive fields by the Council on Medical teaching program in the hospital are re­ are of the same character, in terms of Education of the American Medical Asso­ imbursable to the hospital on a cost basis the responsibilities to the patient that ciation, the Committee on Hospitals of under the supplementary medical insur­ are assumed and fulfilled, as the serv­ the Bureau of Professional Education of ance program. For purposes of this sec­ ices he renders to his other paying pa­ the American Osteopathic Association, tion, such services shall be deemed to in­ tients. The carrying out by the physi­ or the Council on Dental Education of clude services of a physician employed cian of these responsibilities would be the American Dental Association. by the hospital who is authorized to demonstrated by such actions as: Re­ (b) Services of interns and residents practice only in a hospital setting. Even viewing the patient’s history and physi­ in such approved programs are explicitly where such services are rendered to in­ cal examination and personally examin­ excluded from the definition of “physi­ patients, the cost of the services is not ing the patient within a reasonable cians’ services” (see Subpart R ) and are an allowable cost under the hospital in­ period after admission; confirming or covered as hospital services. This exclu­ surance program but is allowable under revising diagnosis; determining the sion applies whether or not the intern the supplementary medical insurance course of treatment to be followed; as­ or resident may be authorized to practice program. ' _ (b) In this connection reimbursement suring that any supervision needed by as a physician under the laws of the the interns and residents was furnished; State in which he performs his services. under the health insurance program for

FEDERAL REGISTER, VOL. 32, NO. 26— WEDNESDAY, FEBRUARY 8, 1967 NOTICES 2691 services discussed in paragraph (a ) of tients and the interchange of medical this section will be to the hospital in an records. Likewise, a participating home amount of 80 percent of the cost of serv­ health agency may be reimbursed under ices rendered to the beneficiaries after the hospital insurance program for the recognition of the deductible. The bene­ cost of the services of an intern or resi­ ficiary will incur the expense of the de­ dent who is under an approved teaching ductible and coinsurance amounts as program of a hospital with which the determined on the basis of the hospital’s home health agency is affiliated or under charges to the beneficiary for its services common control, where these services are that are covered under the supplemen­ furnished as part of the posthospital tary medical insurance program. home health visits for a medicare bene­ § 405.524 Interns' and residents' serv­ ficiary. ices outside the hospital. (b) Medical services of a resident or intern of a hospital which are furnished (a) Under the hospital insurance pro­ by a provider of services are reimbursed gram, the allowable costs on which reim­ under the supplementary medical in­ bursement to a participating extended surance program on an 80 percent of al­ care facility for covered services is based lowable cost basis if reimbursement is may include the cost of services of an in­ not provided under the hospital insur­ tern or resident who is under an ap­ proved teaching program in a hospital ance program. with which the facility has a transfer § 405.525 Basis o f reimbursement under agreement (see § 405.1133) which pro­ the health insurance program for vides, in part, for the transfer of pa­ services o f interns and residents.

Status of patient Status of intern or resident1 Reimbursement Basis of payment * provided under2

Hospital inpatient...... Under approved program...... Cost. Other...... *______1...... Part B ... 80 percent of cost. Receiving outpatient hos­ Under approved program______Do. pital diagnostic services. Other...... Part B . Do. Receiving therapeutic out­ Under approved program...... Do. patient hospital services. Other______Do. Extended care facility Under approved program of a hospital Part A ______Cost. inpatient. with which facility has a transfer agree­ ment. Other...... Part B...... 80 percent of cost. Home health plan patient__ Posthospital services furnished under Part A ______Cost. approved programs of hospital with which the Home Health Agency is affiliated or under common control. Other______80 percent of cost.

1 An “ approved program” means approval by the Council on Medical Education of the AM A, by the Committee on Hospitals of the Bureau of Professional Education of the AOA, or by the Council of Dental Education of the A D A . “ Other” interns and residents include, in addition to interns and residents-in-training, a physician em­ ployed b y a hospital and acting in the capacity of an intern or resident. * “ Part A ” refers to the hospital insurance program and "P a rt B ” refers to the supplementary medical insurance program. * The term “ cost” refers to reimbursement on a cost basis in accordance with the principles in Subpart D of Part 405. [F.R. Doc. 67-1492; Filed, Feb. 7,1967; 8:47 a.m.]

FEDERAL REGISTER, VOL. 32, NO. 26— WEDNESDAY, FEBRUARY 8, 1967