FEDERAL REGISTER VOLUME 34 NUMBER 7 Friday^ January 10, 1969 Washington, D.C. Pages 359-420

Agencies in this issue— Agricultural Stabilization and Conservation Service Army Department Atomic Energy Commission Coast Guard Commerce Department Comptroller of the Currency Consumer and Marketing Service Customs Bureau Engineers Corps Federal Aviation Administration Federal Communications Commission Federal Crop Insurance Corporation Federal Deposit Insurance Corporation Federal Home Loan Bank Board Federal Reserve System Federal Trade Commission Food and Drug Administration Interagency Textile Administrative Committee Internal Revenue Service Interstate Commerce Commission Land Management Bureau Oil Import Administration Packers and Stockyards Administration Public Health Service Securities and Exchange Commission Small Business Administration Social and Rehabilitation Service Social Security Administration Treasury Department Detailed list of Contents appears inside. 5-Year Compilations of Presidential Documents Supplements to Title 3 of the Code of Federal Regulations

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AGRICULTURAL STABILIZATION CONSUMER AND MARKETING FEDERAL DEPOSIT INSURANCE AND CONSERVATION SERVICE SERVICE CORPORATION Rules and Regulations Rules and Regulations Notices Sugar or liquid sugar; bringing or Oranges, grapefruit, tangerines, Calls for annual report of income importing into continental U.S.; and tángelos grown in Florida; and dividends: miscellaneous amendments----- 378 expenses and rate of assess­ Insured mutual savings banks ment ______379 not members of Federal Re­ Proposed Rule Making Peaches, fresh, grown in Georgia; serve System______.... ----- 413 Processor wheat marketing cer­ Industry Committee regula­ Insured State banks not mem­ tificate regulations______. 397 tions ______380 bers of Federal Reserve Sys­ tem except banks in District CUSTOMS BUREAU of Columbia and mutual sav­ AGRICULTURE DEPARTMENT Rules and Regulations ings banks______413 Insured banka; joint call for re­ See Agricultural Stabilization and Articles conditionally free, sub­ port of condition__ :______413 Conservation Service; Consumer ject to reduced rate, etc.; inter- and Marketing Service; Federal national organizations______384 FEDERAL HOME LOAN BANK Crop Insurance Corporation; Carriers of bonded merchandise 384 BOARD Packers and Stockyards Admin­ DEFENSE DEPARTMENT Notices istration. See Army Department; Engineers Gulf Union Corp.; application to Corps. acquire control of Panhandle Savings and Loan Association_ 413 ARMY DEPARTMENT ENGINEERS CORPS FEDERAL RESERVE SYSTEM See also Engineers Corps. Rules and Regulations Notices Rules and Regulations Danger zones; Atlantic Ocean, N.J.; correction______"i__ 393 Insured banks; joint call for re­ Availability of information; per­ port of condition; cross ref­ sonnel records______391 FEDERAL AVIATION erence ______413 ADMINISTRATION FEDERAL TRADE COMMISSION Rules and Regulations ATOMIC ENERGY COMMISSION Rules and Regulations Certification procedures for prod­ Notices ucts and parts;-designation of Furs and fur products; records applicable regulations for type and announcement of test Withdrawal of applications for m ethod______380 utilization facility licenses: certificates ______«. 363 Department of Water and Power IFR altitudes; miscellaneous FOOD AND DRUG amendments ______365 of the City of Los Angeles__ 405 Standard instrument approach ADMINISTRATION Southern California Edison Co. procedures; miscellaneous Proposed Rule Making and San Diego Gas & Electric amendments______368 Co___1______405 Human foods; current good manu­ Proposed Rule Making facturing practice (sanitation) Control areas and transition in manufacture, processing, areas; designations, alterations, packing, or holding; extension COAST GUARD and revocations (5 documents). 400- of time______399 Rules and Regulations 402 Pickle products; standardization of quantity of contents declara­ Anchorage regulations; Hull Bay FEDERAL COMMUNICATIONS tion in terms of volume______399 and Allerton Harbor, Hull, M ass______392 . COMMISSION HEALTH, EDUCATION, AND Numbering of undocumented ves­ Rules and Regulations WELFARE DEPARTMENT sels, statistics on numbering, and Logging requirements for obstruc­ See Food and Drug Administra­ “boating accident reports” and tion marking and lighting of tion; Public Health Service; accident statistics; practices, antenna structures; correction. 396 Social and Rehabilitation Serv­ procedures, and required forms. 394 Notices ice; Social Security Administra­ Common carrier services informa­ tion. tion; domestic public radio serv­ COMMERCE DEPARTMENT ices applications accepted for INTERAGENCY TEXTILE filing______406 ADMINISTRATIVE COMMITTEE Proposed Rule Making Hearings, etc.: Notices Carpets and rugs; flammability Allen, Lester H., and Salt-Tee Radio, Inc______... 408 Certain cotton textiles and prod­ standard, etc.; extension of ucts produced or manufac­ time ______398 Faulkner Radio, Inc., and Bay Broadcasting Corp____ 408 tured in certain countries; Vander Plate, Louis, et al____ 412 entry and withdrawal from warehouse for consumption: COMPTROLLER OF THE FEDERAL CROP INSURANCE Republic of the Philippines; ■Correction______414 CURRENCY CORPORATION Socialist Republic of Romania. _ 414 Notices Rules and Regulations INTERIOR DEPARTMENT Crop insurance; 1969 and succeed­ Insured banks; joint call for re­ ing crop years: See Land Management Bureau; port of condition; cross refer­ Barley ______376 Oil Import Administration. ence ______404 W h e a t______377 (Continued on next page) 361 362 CONTENTS

INTERNAL REVENUE SERVICE PACKERS AND STOCKYARDS SOCIAL AND REHABILITATION Rules and Regulations ADMINISTRATION SERVICE Distilled spirits plants; filtering Notices Rules and Regulations and stabilizing, vodka__*___ _ 363 Stutz Arena et al.; deposting of Coverage and conditions of eligi­ Proposed Rule Making stockyards______405 bility; emergency assistance to Income tax; certain restricted needy families with children_ 393 stock and other p ro p e rty ; change of date______397 PUBLIC HEALTH SERVICE Proposed Rule Making SOCIAL SECURITY INTERSTATE COMMERCE Air quality control regions; desig­ ADMINISTRATION COMMISSION nations; consultation with Rules and Regulations authorities: Notices Health insurance for the aged; , Metropolitan Cincinnati inter­ conditions for coverage of port­ Car distribution: state region______399 able X-ray services______387 Atchison, Topeka and Santa Pe San Francisco Bay Area intra­ Ôld-age, survivors, and disability Railway Co. et al______416 state region.______400 Penn Central Co. et al______: 416 insurance : Fourth section applications for Attorneys and other representa­ relief______416 SECURITIES AND EXCHANGE tives fees______■ 385 Motor carriers: COMMISSION Marriage and stepchild rela­ Temporary authority applica­ tionship and adoption re­ tions (2 documents)___ 416,417 Rules and Regulations quirements; duration______386 Transfer proceedings (2 docu­ Interpretative releases: Rights and benefits based on ments) ______419 References to certain financial disability; evaluation of earn­ services in “tombstone” ad- ings from work______387 LAND MANAGEMENT BUREAU vertisements______382 Staff interpretive positions re­ TRANSPORTATION DEPARTMENT Rules and Regulations garding Rule 22c-l______383 See Coast Guard; Federal Avia­ Programs and objectives; desig­ Notices nation of national resource tion Administration. lands ______393 Hearings, etc.: Business Funds, Inc______414 Notices Electrogen Industries, Inc____ 415 TREASURY DEPARTMENT Arizona; establishment of Black See also Comptroller of the Cur­ Canyon Trails Area______404 rency; Customs Bureau; In­ SMALL BUSINESS ternal Revenue Service. OIL IMPORT ADMINISTRATION ADMINISTRATION Notices Rules and Regulations Notices Frozen haddock fillets from East­ Allocation of imports; low sulphur Massachusetts; declaration of'dis­ ern Canadian provinces; tenta­ residual fuel oil, Districts I-IV_ 391 aster loan area______416 tive negative determination__ 404 List of CFR Parts Affected The following numerical £uide 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, 1969, and specifies how they are affected.

7 CFR 19 CFR 32A CFR 401 (2 documents)______376,377 10______384 OIA (Ch. X) : 817______378 18______384 Reg. 1______391 905______379 25 ______384 918______380 33 CFR P roposed R ules: 110______392 777______397 20 CFR 204______393 404 (3 documents)______385-387 14 CFR 405 ______387 42 CFR 21______363 P roposed R ules: 95______365 81 (2 documents)______399,400 97______368 21 CFR P roposed R ules; P roposed R ules: 43 CFR 71 (5 documents)______400-402 1______399 128___ 399 1720______393 15 CFR 45 CFR P roposed R ules: 7______398 26 CFR 233__ 393 201______363 16 CFR P roposed R ules: 46 CFR 301__ 380 1— 1______397 171______394 173______394 17 CFR 231______382 32 CFR 47 CFR 271------383 518__ 391 74______396 363 Rules and Regulations

containers, bottled, or transferred by drawn. As pointed out in the preamble Title 26-INTERNAL REVENUE pipeline or bulk conveyance to other to Notice 67-52, the removal of the par­ bottling premises as provided in § 201.465. enthetical statement from § 21.17(a) will Chapter I— Internal Revenue Service, Vodka exempt from the rectification tax have no substantive effect on the type Department of the Treasury may be filtered to remove materials held certification of the aircraft mentioned in SUBCHAPTER E— ALCOHOL, TOBACCO AND in suspension, but the use of filters or that statement. The parenthetical exclu­ OTHER EXCISE TAXES filter aids or the use of any process which sion merely emphasizes the fact that changes the composition or character of there are other provisions in the regula­ [T.D. 6987] the vodka will subject the product to t!he tions foT restricted category, import, and PART 201— DISTILLED SPIRITS rectification tax. surplus military, aircraft which contain PLANTS (72 S tat. 1328; 26 U.S.C. 5025) specific requirements concerning the air- worthiness standards applicable to such Filtering and Stabilizing and Vodka Because this Treasury decision merely aircraft. This emphasis is unnecessary, amends 26 CFR Part 201 to conform to however, since § 21.17(a) already excepts In order to (1) liberalize provisions related requirements in 27 CFR Part 5 as an applicant for a type certificate from for permissible treatment of distilled amended by Treasury Decision 6973, it is meeting the applicable airworthiness re­ spirits; and (2) modify the provisions re­ found that it is unnecessary to issue this quirements effective on the date of ap­ lating to the tax exempt production of Treasury decision with notice and public plication in those cases where the vodka on bottling premises, to conform procedure thereon under section 553(b) Administrator has specified otherwise by to provisions of "27 CFR Part 5 as of title 5 of the United States Code. This regulation. In this connection, specific amended by Treasury Decision 6973, the Treasury decision shall become effective requirements concerning the airworthi­ regulations in 26 CFR Part 201, Distilled on December 1,1968, the effective date of ness standards applicable to restricted Spirits Plants, are amended as follows: the related amendments contained in category, import and surplus military P aragraph 1. Paragraph (b) of § 201.- Treasury Decision 6973. 324 is amended to modify the limitations aircraft are set forth in §§ 21.25, 21.29, on the treatment of distilled spirits. As (Sec. 7805, In tern al Revenue Code (68A S tat. and 21.27, respectively. Moreover, in ad­ 917; 26 U.S.C. 7805) ) dition to being unnecessary, the paren­ amended, paragraph (b) of § 201.324 thetical exclusion of restricted category, reads as follows : [seal] S heldon S . C o h e n , import, and surplus military aircraft has § 201.324 Filtering and stabilizing. Commissioner of Internal Revenue. also created some confusion as tp the ap­ * * * * * Approved: January 6,1969. plicability of paragraphs (b) and (c) of § 21.17 to such aircraft. Therefore, the (b) Effect minor changes in the spirits S tanley S. S u rrey , FAA considers it appropriate to amend solely by filtration, chill proofing, or Assistant Secretary the regulation as proposed and delete the other physical treatments (which do not of the Treasury. parenthetical statement presently con­ involve the addition of any substance fP.R. E)oc. 69-329; Filed, Jan . 9, 1969; tained in § 21.17(a). which will .remain incorporated in the 8:48 a.m.] finished product) as may be necessary Another comment urged that the 5- or desirable to produce a stable product, year limitation for certification of trans­ provided that such treatment does not port category aircraft be applied to result in a product which does not pos­ Title 14— AERONAUTICS AND nontransport aircraft as well. The com­ sess the taste, aroma, and characteristics mentator points out that some of the generally attributed to that class or type small aircraft of today are more complex of distilled spirits, and, in the case of SPACE than the transports of earlier years and straight whisky, does not result in the more complex than some current large Chapter I— Federal Aviation Admin­ aircraft. While this is true, the majority removal of more than 15 percent of the istration, Department of Transporta­ fixed acids, or volatile acids, or esters, of the small aircraft being built today of soluble solids, or higher alcohols, or tion are less complex than the aircraft being more than 25 percent of the soluble color. SUBCHAPTER C— AIRCRAFT ceritficated in the transport category. Experience with the 3-year limita­ * * *■ * * [Docket No. 8564; Amdt. 21-24] tion indicates that it is satisfactory as P ar. 2. Section 201.442 is amended to PART 21— CERTIFICATION PROCE­ a rule of general applicability for small modify the conditions for the production DURES FOR PRODUCTS AND PARTS aircraft. On the other hand, the FAA and treatment of vodka exempt from the considers that it has adequately cov­ rectification tax. As amended, § 201.442 Designation of Applicable Regula­ ered the very complex small aircraft by reads as follows: tions for Type Certificates providing for the approval of a longer type certification period upon a showing § 201.442 Vodka. The purpose of these amendments to that additional time is needed. Vodka produced from pure spirits on Part 21 of the Federal Aviation Regula­ Under the current regulations, appli­ bottling premises is exempt from the tions is to clarify the provisions regard­ cations for type certificates are effective rectification tax (as provided in § 201.- ing the designation of applicable regula­ for 3 or 5 years, depending upon the 29(e)) only if so distilled, or so treated tions for the issuance of type certificates category of aircraft involved. In Notice after distillation with charcoal or other (TCs). 67-52, it was proposed to amend § 21.17 materials, as to be without distinctive These amendments are based on a no­ (b) to permit longer periods if the appli­ character, aroma, taste, or color, and not tice of proposed rule making (32 F.R. cant shows at the time of application reduced to less than 80 degrees of proof. 17455, Dec. 6, 1967), circulated as Notice that his product requires a longer period Vodka is not exempt from the rectifica­ No. 67-52, dated November 29, 1967. of time for design, development and test­ tion tax (a) if it is mixed after produc­ Numerous comments were received in re­ ing. One of the comments objected to tion with other spirits or with any other sponse to the notice. The FAA’s disposi­ this proposal, stating that a period long­ substance or material except pure water, tion of these comments are set forth er than the present 3 or 5 years should or (b) if any substance or material which hereinafter. not be granted. The commentator stated imparts to the product any distinctive One of the comments received stated that if a manufacturer needs extensions character, aroma, taste, or color is added that the substantive effect of removing of the time to complete certification, such to the spirits before or during production. the parenthetical exclusion for restricted extensions should stipulate that all pos­ The vodka shall be gauged by the pro­ category, import and surplus military sible interim airworthiness requirements prietor and shall then be drawn into aircraft from § 21.17(a) is unclear and would be required for final certification. metal, porcelain, glass, or paraffin-lined requested that this proposal be with­ The FAA does not agree with this eom-

FEDERAL REGISTER, VOL. 34, NO. 7— FRIDAY, JANUARY 10, 1969 364 RULES AND REGULATIONS ment since it would, in effect, require the the operating rules in effect at the time foreign manufacture that would be avail­ applicant for a type certificate to show of the type certification of a product. able for„ import into the United States compliance with the airworthiness re­ The substantive change involved in this under this regulation. Moreover, the quirements in effect on the date of issue recommendation is, of course, outside the FAA now realizes that such aircraft of the type certificate. Such a require­ scope of Notice 67-52. However, it should could be used in air carrier and related ment would be impractical. The PAA be pointed out that since all airworthi­ operations. For this reason, and after recognizes that a manufacturer must ness requirements that are appropriate further consideration, the FAA does not freeze his design at some point in order for inclusion on an aircraft during the consider that the proposed change to to establish and maintain production. It type certification process are incorpo­ § 21.29 would be in the public interest is unrealistic to expect a manufacturer rated into the appropriate airworthiness and it is withdrawn. to continuously incorporate the changes parts of the regulations at the same time Interested persons have been afforded in its type design dictated by all amend­ that they are added to the operating an opportunity to participate in the ments to the regulations that occur up rules, an aircraft will comply with all making of these amendments. All rele­ to the date of certification. In those cases such regulations that are in effect at the vant material submitted has been fully where safety requires that a technologi­ time of the application for the type cer­ considered. cal advance be incorporated into an air­ tificate. A different situation exists with In consideration of the foregoing, Part craft design prior to certification, the respect to those airworthiness require­ 21 of the Federal Aviation Regulations FAA has taken, and will in the future ments that are made effective subsequent is amended, effective February 9, 1969, as take, appropriate regulatory action to to the date of application for the type follows: assure that this is dpne. However, for the certificate, but prior to the date of issu­ § 21.17 [Amended] purpose of the initial designation of the ance of the type certificate. For the regulations applicable to the certification reasons previously set forth in this pre­ 1. Section 21.17(a) is amended by of a product, the PAA has determined amble, the safety regulations have not striking out the parenthetical expression that for some of the new complex-aircraft required that all airworthiness standards “ (other than for restricted category, im­ and the ultralarge aircraft it may not adopted subsequent to the date of appli­ port, or surplus military aircraft)”. be possible to complete certification cation for a type certificate be applied to 2. Section 21.17(b) is amended to read within the prescribed 3- or 5-year an aircraft in the process of obtaining a as follows: periods. For this reason, the manufac­ type certificate. The regulations have, (b) An application for type certifica­ turers must be given the opportunity to however, always provided for such an tion of a transport category aircraft is establish a realistic certification period application when specified by the Ad­ effective for 5 years and an application on the basis of the complexity and size ministrator and, in appropriate in­ for any other type certificate is effective of the aircraft. stances, the FAA has taken regulatory for 3 years, unless an applicant shows It was also recommended that pro­ action to require that existing airworthi­ at the time of application that his prod­ posed § 21.17(b) be changed to permit ness requirements adopted subsequent to uct requires a longer period of time for the applicant for a type certificate to the date of application for a type certifi­ design, development, and testing, and show at any time prior to the expiration cate be applied to an aircraft as a con­ the Administrator approves a longer of the effective periods presently speci­ dition to the issuance of that certificate. period. fied in the regulations, as well as at the The FAA considers that this is the time of application, that a longer type proper procedure for dealing with the 3. Section 21.17(c) is redesignated as certification period is required. Proposed matter of retroactive application of air­ § 21.17(d) and a new § 21.17(c) is added § 21.17(b) is premised on the considera­ worthiness regulations. Since there are to read as follows: tion that an applicant for a type certifi­ airworthiness requirements that are re­ (c) In a case where a type certificate cate will have established a firm lated to specific operations and are not, has not beep issued, or it is clear that program for the design, development, and therefore, properly a condition to the a type certificate will not be issued, with­ testing of his product at the time of ap­ issuance of a type certificate for an air­ in the time limit established under para­ plication and will, therefore, know at that craft, the application of airworthiness graph (b) of this section, the applicant time whether a longer certification period requirements should be determined on a may— will be necessary. This is consistent with case-by-case basis. (1) File a new application for a type the current regulations which, because With respect to import products, the certificate and comply with all the pro­ of the established 3- and 5-year effective FAA also proposed to amend § 21.29(a) visions of paragraph (a) of this section periods make it necessary that a manu­ to provide for the type certification of an applicable to an original application; or facturer have an established program important product previously granted a for the design, development, and testing foreign airworthiness approval. It was (2) File for an extension of the orig­ of his product at the time of application. proposed to permit such certification if inal application and comply with the ap­ If, under the current regulations, unfore­ the country of manufacture certified plicable airworthiness requirements of seen circumstances arise after the date of that the product met the applicable air­ this subchapter that were effective on a application that necessitate a longer worthiness requirements of the foreign date, to be selected by the applicant, not period for certification, the manufac­ country of manufacture and any other earlier than the date which precedes the turer is required to comply with later requirements prescribed by the Adminis­ date of issue of the type certificate' by regulations. There is no intent to change trator to provide a level of safety equiva­ the time limit established under para­ this concept by this proposal. Therefore,, lent to that provided by the applicable graph (b) of this section for the original the proposed regulation has not been U.S. regulations that were in effect at application. changed as recommended. However, it the time of the original foreign air­ 4. Section 21.29(a) is amended to read should be noted that to some extent the worthiness approval. At the time that as follows: change recommended by this comment Notice 67-52 was issued, the FAA was is already reflected in the proposed regu­ involved in the difficult process of type § 21.29 Issue of type certificates: im­ lation. In this connection, this amend­ certificating a few old foreign aircraft, port products. ment permits an applicant for a type such as the Tiger Moth, under the cur­ (a) An applicant is entitled to a type certificate to file for an extension of his rent § 21.29. The proposed change to certificate for a product manufactured application within the period originally § 21.29 was intended to accommodate the in a foreign country with which the established for type certification and to certification of these older foreign air­ United States has an agreement for the show compliance with regulations that craft because of their intrinsic value as acceptance of those products for export have an effective date later than the re­ antiques. It was thought that only a few and import if— quirements originally imposed, but not people would be interested in the type (1) The country in which the product as late as required by the current certification of foreign aircraft under was manufactured certifies that the regulations. the proposal. However, the proposal con­ product has been examined, tested, and A final comment with respect to § 21.17 tained no limitations as to the size or found to meet— recommended that the proposal should the age of aircraft that could be certifi­ (i) The applicable airworthiness re­ be changed to require manufacturers to cated thereunder and it now appears quirements of this subchapter as desig­ comply with the applicable portions of that there are many large aircraft of nated in § 21.17; or FEDERAL REGISTER, VOL. 34, NO. 7—^FRIDAY, JANUARY 10, 1969 RULES AND REGULATIONS 365

Cii) The applicable airworthiness re­ Herndon, Va., VOR; Burke INT, Va.; 3,000. Florence, S.C., VOR; M yrtle Beach, S.C., VOR; quirements of the country ih which the MAA—4,000. *2,500. *1,600—MOCA. product was manufactured and any Int, 067° M rad, Andrews VOR and 037° M Orlando, F*la., VOR; Tico INT, Fla.; 2,000. other requirements the Administrator rad, Nottingham VOR; Bodkin INT, Md:; Overton INT, S.C.; Myrtle Beach, S.C., VOR; 2,000. *2,500. *1,300—MOCA, may prescribe to provide a level of safety Int, 097° M rad, Herndon VOR, and Herndon, Spencer INT, Fla.; Montgomery, Ala., VOR; equivalent to that provided by the appli­ Va., VOR; 3,000. *8,500. *2,500—MOCA. cable airworthiness requirements of this In t, 105° M rad, Hopewell VOR and 134° M subchapter as designated in § 21.17; and rad, Harcum VOR; Hopewell, Va., VOR; Section 95.6001 VOR Federal airway 1 (2) The applicant has submitted the 2,000. is amended to read in part: technical data respecting the product re­ Leesburg INT, N.J.; Dover AFB, Del., LOM; Jacksonville, Fla, VOR; *St. Andrews INT, quired by the Administrator. 1.500. MAA—3,000. Ga.; **1,500. *5,000—MRA. **1,300— Navy Willow Grove, Pa„ TACAN via NXX ***** MOCA. 191; 33 NM DME from Navy Willow Grove, M yrtle Beach, S.C., VOR; W ilm ington, N.C., (Secs. 313(a), 601, 603, Federal Aviation Act Pa., TACAN; 2,000. VOR; *1,800. *1,400—MOCA. of 1958 (49 U.S.C. 1354(a), 1421, 1423); sec. Navy Willow Grove, Pa., TACAN via MTV 315; 6(c), Department of Transportation Act (49 Millville, N.J., VORTAC; 1,600. MAA—4,000. Section 95.6002 VOR Federal airway 2 U.S.C. 1655(c))) Nesco, INT, N.J.; via CYN 222; Coyle, N.J., is amended to read in part: VORTAC; 1,700. MAA—3,000. Issued in Washington, D.C. on January Norfolk, Va, VOR; Bayside INT, Va.; 2,000. Griswoldville INT, Mass.; Warwick INT, 3, 1969. Patrick Henry, Va.; Int, 322° M rad, Norfolk Mass.; 4,000. D. D. T hom as, VOR and 105° M rad, Hopewell VOR; 2,000. Warwick INT, Mass.; Gardner, Mass., VOR; Acting Administrator. Patuxent, Md., VOR; Int, 172° M rad, Patux­ *4,000. *3,500—MOCA. ent VOR and 008° M rad, Norfolk VOR; Batum INT, Wash.; *Spokane, Wash, VOR; [F.R. Doc. 69-307; Filed, Jan. 9, 1969; 2 ,0 0 0 . 5,000. *5,200—MCA Spokane VOR, east- 8:46 a.m.] Washington, D.C., VOR; Int, 320° M rad, bound. Washington VOR and 097° M rad, Herndon VOR; 3,000. MAA—4,000. Section 95.6003 T7JDR Federal airway 3 SUBCHAPTER F— AIR TRAFFIC AND GENERAL is amended to read in part: OPERATING RULES Section 95.1001 Direct routes—United »Jacksonville, Fla, VOR; * »Chester INT, Ga.; [Reg. Docket No. 9336; Amdt. 95-175] States is amended by adding: * * *4,000. *4,000—MCA Jacksonville VOR, northbound. **4,000—MCA Chester INT, PART 95— IFR ALTITUDES Andrews, Md., VOR; Int,.067° M rad, Andrews * southbound. **4,000—MRA. ***1,300— VOR and 037® M rad, Nottingham VOR; MOCA. Miscellaneous Amendments 3.000. Jacksonville, Fla, VOR via E alter.; *St. Atlantic City, N.J., VOR; White Horse INT, The purpose of this amendment to Andrews INT, G a , via E alter.; **1,500. N.J.; 1,600, *5,000—MRA. **1,300—MOCA. Part 95 of the Federal Aviation Regula­ A tlantic City, N.J., VOR; 165° M rad, A tlantic tions is to make changes in the IFR alti­ City, N.J., VORTAC; 20 NM DME from At­ Section 95.6007 VOR Federal airway 7 tudes at which all aircraft shall be flown lantic City, N.J., VOR; 2,000. MAA—4,000. is amended to read in part: over a specified route or portion thereof. A ugusta, Ga., LOM; Jo h n sto n INT, S.C.; 2,900. These altitudes, when used in conjunc­ Bayside INT, Va.; In t, 105° M rad, Hopewell Fort Myers, Fla, VOR; Arcadia INT, Fla.; VOR and 134° M rad, H arcum VOR; 2,000. '*2,000. *1,400. tion with the current changeover points Braddock INT, Md.; Herndon, Va., VOR; for the routes or portions thereof, also 4.000. Section 95.6014 VOR Federal airway 14 assure navigational coverage that is ade­ Brownwood, Tex., VOR; Mill INT, Tex.; *5,000. is amended to read in part: quate and free of frequency interference *3,100—MOCA. Griswoldville INT, Mass.; Warwick INT, for that route or portion thereof. Dover AFB, Del., LOM via Dover 080; Lees­ Mass.; 4,000. As a situation exists which demands burg INT, N.J.; 1,500. MAA—3,000. Warwick INT, Mass.; Gardner, Mass, VOR; immediate action in the interest of Green Bank, INT, N.J., via WRI 199; Mc­ *4,000. *3,500—MOCA. safety, I find that compliance with the G uire AFB, N.J., VOR; 1,700. MAA—4,000. Herndon, Va., VOR; Burke INT, Va.; 3,000. Section 95.6015 VOR Federal airway 15 notice and procedure provisions of the MAA—4,000. is amended to read in part: Administrative Procedure Act is imprac­ Int, 067° M rad, Andrews VOR and 037° M ticable and that good cause exists for rad, Nottingham VOR; Bodkin INT, Md.; Ennis INT, Tex, via E alter.; Red Oak INT, T ex, via E alter.; *2,400. *1,900—MOCA. making this amendment effective within 2 .000 . — less than 30 days from publication. Int. 097° M rad, Herndon VOR and 320° M Section 95.6017 VOR Federal airway 17 In consideration of the foregoing and rad, Washington VOR; Herndon, Va., VOR; is amended to delete: pursuant to the authority delegated to 3.000. MAA—4,000. tne by the Administrator (24 F.R. 5662), In t, 105° M rad, Hopewell VOR and 134° M Cotulla, Tex, VOR; »Millett INT, Tex.; Part 95 of the Federal Aviation Regula­ rad, Harcum VOR; HopeweU,' Va., VOR; **2,500. *5,500—MRA. **1,600—MOCA. 2 . 000 . M illett INT, Tex.; Lem ing INT, Tex.; *2,500. tions is amended, effective February 6, Leesburg INT, N.J.; Dover AFB, Del., LOM; *1,900—MOCA. 1969 as follows: 1.500. MAA—3,000. Lem ing INT, Tex.; Losoya INT, Tex.; *2,500. 1. By amending Subpart C as follows:Navy Willow Grove, Pa., TACAN via NXX *1,600—MOCA. 191; 33 NM DME from Navy Willow Grove, Losoya INT, Tex.; Baliaire INT, Tex.; *2,500. Section"95.100l Direct routes—^United Pa., TACAN; 2,000. *1,800—MOCA. States is amended to delete: Navy Willow Grove, Pa., TACAN via MTV Bellaire INT, Tex.; Olmos INT, Tex.; *2,500. *2,400—MOCA. From, to, and MEA 315; Millville, N.J., VOR; 1,600. MAA— V/STOL routes 4.000. Olmos INT, Tex.; San Antonio, Tex., VOR; Norfolk, Va., VOR; Bayside INT, Va.; 2,000. *2,500. *2,200—MOCA. Andrews, Md., VOR; Int, 067° M rad, Andrews Orlando, Fla., VOR; Maytown INT, Fla.; VOR and 037° M rad, Nottingham VOR 2.500. MAA-5-24,000. Section 95.6017 VOR Federal airway 17 3,000. Patrick Henry, Va.; Int., 322° M rad, Norfolk is amended by adding: Atlantic City, N.J., VORTAC, via ACY 344; VOR and 105° M rad, Hopewell VOR; 2,000. Cotulla, Tex., VOR; *Millett INT, Tex.; Nesco INT, N.J.; 1,600. MAA—3,000. **2,500. *5,500—MRA. **1,600—MOCA. Atlantic City, N.J., VOR via ACY 353; Green Patuxent, Md., VOR; Int, 172° M rad, Pa­ tuxent VOR and 008° M rad, Norfolk VOR; Millett INT, Tex.; San Antonio, Tex., VOR; Bank INT, N.J.; 1,600. MAA—4,000. *4,000. *2,400—MOCA. Atlantic City, N.J., VORTAC; 165° M rad, 2 . 000. Washington, D.C., VOR; Int, 320" M rad, Cotulla, Tex., VOR via E alter.; »Millett INT, Atlantic City, N.J., VORTAC; 20 NM DME Tex., via E alter.; **2,500. *5,500—MRA. from Atlantic City, N.J., VORTAC; 2,000. Washington VOR and 097" M rad, Herndon VOR; 3,000. MAA—4,000. **1,600—MOCA. MAA—4,000. Millett INT, Tex., via E alter.; Leming INT, Bayside INT, Va.; Int, 105“ M rad, Hopewell “White Horse INT, N.J.; Coyle N.J., VOR; Tex., via E alter.; *2,500. *1,900—MOCA. VOR and 134° M rad, H arcum VOR; 2,000. 1,700. Leming INT, Tex., via E alter.; Losoya INT, Braddock INT, Md; Herndon, Va., VOR; 4,000. White Horse INT, N.J.; Green Bank INT, N.J.; Tex., via E alter.; *2,500. *2,000—MOCA. Dover AFB, Del., LOM via DOV 080; Leesburg 1,600. Losoya INT, Tex., via E alter.; Bellaire INT, INT, N.J.; 1,500. MAA—3,000. Tex., via E alter.; *2,500. *1,800—MOCA. Green Bank INT, N.J., via WRI 199; McGuire Section 95.1001 Direct routes—United Bellaire INT, Tex., via E alter.; Olmos INT, AFB, N.J., VOR; 1.700. MAA—4,000. States is amended to read in part; Tex., via E alter.; *2,500. *2,400—MOCA.

FEDERAL REGISTER, VOL. 34, NO. 7— FRIDAY, JANUARY 10, 1969 366 RULES AND REGULATIONS From, to, and ME A Section 95.6159 VOR Federal airway Palm Beach, Fla., VOR via E alter.; Pluto Olmos I NT, Tex., via E alter.; San Antonio, 159 is amended to delete: INT, Fla., via E alter.; *1,600. *1,300— MOCA. Tex., VOR via E alter.; *2,500. *2,200— Miami, Fla., VOR via E alter.; Palm Beach, MOCA. Pluto INT, Fla., via E alter.; »Avon INT, Fla., Fla., VOR via E alter.; 2,000. via E alter.; **4,000. *4,000—MCA Avon I Section 95.6051 VOR Federal airway 51 Section 95.6159 VOR Federal airway INT, southeastbound. **1,300—MOCA. is amended to delete: 159 is amended to read in part: Section 95.6278 VOR Federal airway Biscayne Bay, Fla., VOR via E alter.; Hillsboro New River INT, Fla.; Palm Beach, Fla., VOR; 278 is amended to read in part: INT, Fla., via E alter.; 2,000. 2 , 00 0 . Hillsboro INT, Fla., via E alter.; Pluto INT, Dallas, Tex., VOR; Paris, Tex., VOR; *2,400. Palm Beach, Fla., VOR; Pluto INT, Fla.; *1,800—MOCA. Fla., via E alter.; *3,000. *1,200—MOCA. *1,600. *1,300—MOCA. Pluto INT, Fla., via E alter.; Vero Beach, Fla., Section 95.6438 VOR Federal airway VOR via E alter.; *2,000. *1,300—MOCA Section 95.6163 VOR Federal airway 438 is amended to read in part: 163 is amended to read in part: Section 95.6051 VOR Federal airway 51 Fairbanks, Alaska, VOR; Fort Yukon, Alaska, is amended by adding: San Antonio, Tex., VOR via W alter.; *Guada- VOR; *8,000. *7,300—MOCA. lupe INT, Tex., via W alter.; **3,000. Biscayne Bay, Fla., VOR via E alter.; Andrews *4,300—MRA. **2,500—MOCA. Section 95.6492 VOR Federal airway INT, Fla., via E alter.; 2,000. Guadalupe INT, Tex., via W alter.; Fred­ 492 is amended to read in part: Andrews INT, Fla., via E alter.; Pluto INT, ericksburg INT, Tex., via W alter.; *4,000. Fla., via E alter.; *4,000. *1,300—MOCA. *3,200—MOCA. Dixie Ranch INT, Fla., via N Alt.; Parkway Pluto INT, Fla., via E alter.; Vero Beach, Leming INT, Tex.; Losoya INT, Tex.; *2,500. INT, Fla., via N Alt.; *2,000. *1,200—MOCA. Fla., VOR via E alter.; *2,000. *1,300— *2,000—MOCA. MOCA. Section 95.7006 Jet Route No. 6 is Section 95.6172 VOR Federal airway amended to read in part: Section 95.6054 VOR Federal airway 54 172 is amended to read in p art: is amended to read in part: From, to, ME A, and MAA Avoca INT, Iowa; *Menlo INT, Iowa; **4,000. Westminster, Md, VORTAC; Robblnsville, E nnis INT, Tex.; *£&urry INT, Tex.; **5,000. *5,000—MRA. **2,700—MOCA. N.J., VORTAC; 18,000; 45,000. *2,600—MRA. **1,900—MOCA. Menlo INT, Iowa; Linden INT, Iowa; *4,000. Robbinsville, N.J., VORTAC; Kennedy, N.Y., *2,600—MOCA. VORTAC; 18,00(1; 45,000. Section 95.6056 VOR Federal airway 56 Linden INT, Iowa; Grimes INT, Iowa; *2,800. is amended to read in part: *2,200— MOCA. Section 95.7008 Jet Route No. 8 is Gordon INT, Ga.; M itchell INT, Ga.; *2,100. Grim es INT, Iowa; Ankeny INT, Iowa; *2,800. amended to delete:' *2,500—MOCA. *1,900—MOCA. Charleston, W. Va., VORTAC; Front Royal, Section 95.6063 VOR Federal airway 63 Section 95.6175 VOR Federal airway Va., VOR; 18,000; 45,000. is amended to read in part: 175 is amended to read in part: Front Royal, Va., VORTAC; Westminster, Md., VOR; 18,000; 45,000. Hallsville, Mo., VOR; Quincy, 111., VOR; Kirksville, Mo., VOR; Bethlehem INT, Iowa; Westminster, Md., VOR; Yardley, Pa., *2,700. *2,300—MOCA. *2,800. *2,400—MOCA. VORTAC; 18,000; 45,000. Bethlehem INT, Iowa; Des Moines, Iowa, Yardley, Pa., VORTAC; Kennedy, N.Y., Section 95.6093 VOR Federal airway 93 VOR; *2,800. *2,200—MOCA. VORTAC; 18,000; 45,000. is amended to read in part: Des Moines, Iowa, VOR; Linden INT, Iowa; Chester, Mass., . VOR; Keene, N.H., VOR; *2,800. *2,200—MOCA. Section 95.7008 Jet Route No. 8 is *3,500. *2,700—MOCA. Linden INT, Iowa; Sioux City,. Iowa, VOR; amended by adding: *4,500. *2,800—MOCA. Charleston, W. Va., VORTAC; Casanova, Va., Section 95.6124 VOR Federal airway Section 95.6195 VOR Federal airway VORTAC; 18,000; 45,000. 124 is added to read: 195 is amended to read in part: Casanova, Va., VORTAC; Robblnsville, N.J., Dallas, Tex., VOR; Paris, Tex., VOR; *2,400. VORTAC; 18,000; 45,000. *1,800—MOCA. Cordelia INT, Calif.; *Rag INT, Calif.; Robblnsville, N.J., VORTAC; Kennedy, N.Y., Paris, Tex., VOR; Greeson Lake, Tex., VOR; **6,500. *6,500—MRA. * *4,800—MOCA. VORTAC; 18,000; 45,000. *2,500. *2,000—MOCA. Rag INT, Calif.; *Berryessa INT, Calif.; Greeson Lake, Tex., VOR; Hot Springs, Ark., **6,500. *6,500—MCA Berryessa INT, Section 95.7012 Jet Route No. 12 is VOR; *2,500. *2,400—MOCA. Southbound. **4,800—MOCA. amended to read: Hot Springs, Ark., VOR; Benton INT, Ark.; Section 95.6203 VOR Federal airway Int, 172° M rad, Ellwood City, Pa., VORTAC *2,500. *2,400—MOCA. 203 is amended to read in part: and 297° M rad, Westminster, Md., Benton INT, Ark.; Little Rock, Ark., VOR; VORTAC; Westminster, Md., VORTAC; 1,800. Chester, Mass., VOR; Canaan INT, N.Y.; 21,000; 45,000. Little Rock, Ark., VOR; Biscoe INT, Ark.; 4,000. *2,000. *1,500—MOCA. C anaan INT, N.Y.; Albany, N.Y., VOR; *3,400. Section 95.7024 Jet Route No. 24 is Biscoe INT, Ark.; Porter INT, Ark.; *2,500. *2,700—MOCA. amended to read in part: *1,600—MOCA. Section 95.6216 VOR Federal airway Indianapolis, Ind., VORTAC; Falmouth, Ky., Porter INT, Ark.; Memphis, Tenn., VOR; 216 is amended to read in part: VOR; 18,000; 45,000. *1,800. *1,600—MOCA. Falmouth, Ky., VOR; Charleston, W. Va., Lamoni, Iowa, VOR; Bethlehem INT, Iowa; VORTAC; 18,000; 45,000. Section 95.6128 VOR Federal airway *2,800. *2,200—MOCA. 128 is amended to read in part: Bethlehem INT, Iowa; Ottumwa, Iowa, VOR; Section 95.7029 Jet Route No. 29 is Indianapolis, Ind., VOR; Whiteland INT, *2,700. *2,300—MOCA. amended to read in part: Ind.; 2,400. Ottumwa, Iowa, VOR; Iowa City, Iowa, VOR; *2,500. *1,900—MOCA. Evansville, Ind., VORTAC; Rosewood, Ohio, Section 95.6130 VOR Federal airway VORTAC; 18,000; 45,000. 130 is amended to read in part: Section 95.6243 VOR Federal airway Rosewood, Ohio, VORTAC; Cleveland, Ohio, 243 is amended to read in part: VORTAC; 18,000; 45,000. Albany, N.V., VOR; Canaan INT, N.Y.; Cleveland, Ohio, VORTAC; Jamestown, N.Y., *3,400. *2,700—MOCA. Cabins INT, Ga., via W alter.; Waycross, Ga., VOR; 18,000; 45,000. Canaan INT,' N.Y.; Monterey INT, Mass.; VOR via W alter.; *2,200. *1,000—MOCA. Jamestown, N.Y., VOR; Syracuse, N.Y., 4,000. Section 95.6267 VOR Federal airway VORTAC; 18,000; 45,000. Section 95.6151 VOR.Federal airway 267 is amended to delete: 151 is amended to read in part: Section 95.7030 Jet Route No. 30 is Biscayne Bay, Fla., VOR via E alter.; Hills­ amended to delete: Sullivan INT, N.H.; Bunker INT, N.H.; 4,000. boro INT, Fla., via E alter.; 2,000. Bunker INT, N.H.; Lebanon, N.H., VOR; Hillsboro INT, Fla., via E alter.; Pahokee, Fla., Front Royal, Va., VOR; Herndon, Va„ 4,500. VOR via E alter.; *2,000. *1,300—MOCA. VORTAC; 18,000; 45,000. Section 95.6152 VOR Federal airway Section 95.6267 VOR Federal airway Section 95.7034 Jet Route No. 34 is 152 is amended to read in part: 267 is amended by adding: amended by adding: Orlando, Fla., VOR via S alter.; Smyrna INT, Miami, Fla., VOR via E alter.; Palm Beach, Cleveland, Ohio, VORTAC; Front Royal, Va., Fla., via S alter.; *2,000. *1,600—MOCA. Fla., VOR via E alter.; 2,Q00. VORTAC; 18,000; 45,000.

FEDERAL REGISTER, VOL. 34, NO. 7— FRIDAY, JANUARY 10, 1969 RULES AND REGULATIONS 367

From, to, ME A, and MAA Ellwood City, Pa., VORTAC; United States- Section 95.7518 Jet Route No. 518 is Section 95.7034 Jet Route No. 34 3s C anadian border; 18,000; 45,000. amended to read in part: amended to delete: Section 95.7064 Jet Route No. 64 is Ellwood City, Pa., VORTAC; Int, 129° M rad, amended to read in part: Ellwood City, VORTAC and 297° M rad, Cleveland, Ohio, VORTAC; Allegheny, Pa., W estm inster, VORTAC; 18,000; 45,000. VORTAC; 18,000; 45,000. Ellwood City, Pa., VORTAC; Robbinsville, Int, 129° M rad, Ellwood City, VORTAC and Allegheny, Pa., VORTAC; Front Royal, Va., N.J., VORTAC; 18,000; 45,000. 297° M rad, Westminster, VORTAC; West­ VOR; 18,000; 45,000. Robbinsville, N.J., VORTAC; Kennedy, N.Y., m inster, Md., VORTAC; 21,000; 45,000. Front Royal, Va., VOR; Herndon, Va., VORTAC; 18,000; 45,000. VORTAC; 18,000; 45,000. Section 95.7522 Jet Route No. 522 is Section 95.7068 Jet Route No. 68 is added to read: Section 95.7039 Jet Route No. 39 is amended to read; amended to delete: United States-Canadian border; Hancock, Jamestown, N.Y., VORTAC; Hancock, N.Y., N.Y., VORTAC; 18,000; 45,000. Louisville, Ky., VORTAC; Dayton, Ohio, VORTAC; 18,000; 45,000. VORTAC; 18,000; 45,000. Hancock, N.Y., VORTAC; H uguenot, N.Y., Hancock, N.Y., VORTAC; Putnam, Conn., VORTAC; 18,000; 45,000. Section 95.7039 Jet Route No. 39 is VORTAC; 18,000; 45,000. amended by adding: Putnam, Conn., VORTAC; Providence, R.I., Section 95.7549 Jet Route No. 549 is VORTAC; 18,000; 45,000. deleted: Louisville, Ky., VORTAC; Rosewood, Ohio, Providence, R.I., VORTAC; Nantuakt, Mass., VORTAC; 18,000; 45,000. Section 95.7550 Jet Route No. 550 is VORTAC; 18,000; 45,000. deleted: Section 95.7042 Jet Route No. 42 is Section 95.7070 Jet Route No. 70 is Section 95.7554 Jet Route No. 554 is amended to delete: amended to read in part: amended to read: Beckley, W.Va., VOR; Front Royal, Va., Pullman, Mich., VORTAC; United States- Carleton, Mich., VORTAC; United States- VORTAC; 18,000; 45,000. C anadian border; 18,000; 45,000. C anadian border; 18,000; 45,000. Front Royal, Va., VORTAC; Westminster, United States-Canadian border; Jamestown, United States-Canadian border; Buffalo, N.Y., Md., VOR; 18,000; 45,000. N.Y., VOR; 22,000; 45,000. VORTAC; 18,000; 45,000. Westminster, Md., VOR; Yardley, Pa., VOR Jamestown, N.Y., VOR; Huguenot, N.Y., TAC; 18,000; 45,000. VORTAC; 18,000; 45,000. Section 95.7575 Jet Route No. 575 is Yardley, Pa., VORTAC; Kennedy, N.Y., VOR amended to read: TAC; 18,000; 45,000. Section 95.7077 Jet Route No. 77 is Putnam, Conn., VORTAC; Boston, Mass., Section 95.7042 Jet Route No. 42 is amended to delete: VORTAC; 18,000; 45,000. amended by adding: Boston, Mass., VORTAC; Kennebtink, Maine, Boston, Mass., VORTAC; United States-Cana­ Beckley, W. Va., VOR; Casanova, Va., VORTAC; 18,000; 45,000. d ian border; 18,000; 45,000. VORTAC; 18,000; 45,000. Kennebunk, Maine, VORTAC; Bangor, Maine, Section 95.7581 Jet Route No. 581 is Casanova, Va., VORTAC; Robbinsville, N.J., VORTAC; 18,000; 45,000. VORTAC; 18,000; 45,000. Bangor, Maine, VORTAC; United States- amended to read: Robbinsville, N.J., VORTAC; Kennedy, N.Y., C anadian border; 18,000; 45,000. Hampton, N.Y., VORTAC; Providence, R.I., VORTAC; 18,000; 45,000. VORTAC; 18,000; 45,000. Section 95.7082 Jet Route No. 82 is Providence, R.I., VORTAC; Boston, Mass., Section 95.7043 Jet Route No. 43 is amended to read in part: VORTAC; 18,000; 45,000. amended to delete: Cleveland, Ohio, VORTAC; Jamestown, N.Y., Boston, Mass., VORTAC; Kennebunk, Maine, Knoxville, Tenn., VORTAC; Lexington, Ky., VOR; 18,000; 45,000. VORTAC; 18,000; 45,000. VORTAC; 18,000; 45,000. Jamestown, N.Y., VOR; Albany, N.Y., VOR Kennebunk, Maine, VORTAC; Bangor, Maine, Lexington, Ky., VORTAC; Dayton, Ohio, TAC; 18,000; 45,000. VORTAC; 18,000; 45,000. VORTAC; 18,000; 45,000. Bangor, Maine, VORTAC; United States- Dayton, Ohio, VORTAC; Int, 012° M rad, Section 95.7090 Jet Route No. 90 is C anadian border; 18,000; 45,000. amended to delete: Dayton VORTAC and 279° M rad, Windsor, Section 95.7586 Jet Route No. 586 is O ntario, VOR. Northbrook, 111., VORTAC; United States- amended to read in part: C anadian border; 18,000; 45,000. Section 95.7043 Jet Route No. 43 is Carleton, Mich., VORTAC; United States- amended by adding: Section 95.7091 Jet Route No. 91 is C anadian border; 18,000; 45,000. Knoxville, Tenn., VORTAC; Falmouth, Ky., amended to delete: United States-Canadian border; Massena, N.Y., VORTAC; 18,000; 45,000. VOR; 18,000; 45,000. Cleveland, Ohio, VORTAC; United States- Falmouth, Ky., VOR; Rosewood, Ohio, C anadian border; 18,000; 45,000. VORTAC; 18,000; 45,000. 2. By amending Subpart D as follows: Rosewood, Ohio, VORTAC; Int, 010° M rad, Section 95.7133 Jet Route No. 133 is Section 95.8005 Jet routes changeover Rosewood VORTAC and 091° M rad, Pull­ added to read: points: m an VORTAC; 18,000; 45,000. Annette Island, Alaska, VOR; Biorka Island, From, to, distance, and from Section 95.7049 Jet Route No. 49 is Alaska, VORTAC; 18,000; 45,000. amended to delete: Biorka Island, Alaska, VORTAC; Hinchin- J-8 is amended to delete: brook, Alaska, LFR; 18,000; 45,000. Front Royal, Va., VORTAC; Westminster, Charleston, W. Va., VOR; Allegheny, Pa., Hinchinbrook, Alaska, LFR; Johnstone Point, Md., VORTAC; 47; Front Royal. VOR; 18,000; 45,000. Alaska, VOR; 18,000; 45,000. J-42 is amended to delete: Allegheny, Pa., VOR: Philipsburg, Pa., Johnstone Point, Alaska, VOR; Anchorage, Front Royal, Va., VORTAC; Westminster, VORTAC; 18,000; 45,000. Alaska, VORTAC; 18,000; 45,000. Md., VORTAC; 47; F ro n t Royal. Philipsburg, Pa., VORTAC; Albany, N.Y., J-82 is amended to delete: VORTAC; 18,000; 45,000. Section 95.7142 Jet Route No. 142 is Erie, Pa., VORTAC; Albany, N.Y., VORTAC; deleted. 135; Erie. Section 95.7049 Jet Route No. 49 is J-64 is amended to delete: amended by adding : Section 95.7147 Jet Route No. 147 is added to read: Ellwood City, Pa., VORTAC; Yardley, Pa., Charleston, W. Va., VORTAC; Philipsburg, VOR; 145; Ellwood City. Pa., VORTAC; 18,000; 45^000. Beckley, W. Va., VOR; Gordonsville, Va., J-133 is amended by adding: Philipsburg, Pa., VORTAC; Hancock, N.Y., VORTAC; 18,000; 45,000. Biorka Island, Alaska, VORTAC; Hinchin­ VORTAC; 18,000; 45,000. Section 95.7149 Jet Route No. 149 is brook, Alaska, LFR; 162; Biorka Island. Hancock, N.Y., VORTAC; Albany, N.Y., added to read: (Secs. 307, 1110, Federal Aviation Act of 1958; VORTAC; 18,000; 45,000. 49 U.S.C. 1348,1510) Casanova, Va., VORTAC; Appleton, Ohio, Section 95.7053 Jet Route No. 53 is VORTAC; 18,000; 45,000. Issued in Washington, D.C., on Decem­ amended to read in part: Section 95.7152 Jet Route No. 152 is ber 31,1968. Pulaski, Va., VORTAC; Int, 018° M rad, Pu­ R. S. Sliff, laski VORTAC and 182° M rad, Ellwood added to read: Acting Director, City VORTAC; 24,000; 45,000. Capital, 111., VORTAC; Rosewood, Ohio, Flight Standards Service. Int, 018° M rad, Pulaski VORTAC and 182° VORTAC; 18,000; 45,000. M rad, Ellwood City VORTAC; Ellwood Rosewood, Ohio, VORTAC; Ellwood City, Pa., [F.R. Doc. 69-208; Filed, Jan . 9, 1969; City, Pa., VORTAQ; 18,000; 45,000. VORTAC; 18,000; 45,000. 8:45 a.m.]

FEDERAL REGISTER, VOL. 34, NO. 7— FRIDAY, JANUARY 10, 1969 No. 7---- 2 368 RULES AND REGULATIONS

[Reg. Docket No. 9317; Arndt. 630] PART 97— STANDARD INSTRUMENT APPROACH PROCEDURES Miscellaneous Amendments The amendments to the stándard instrument approach procedures contained herein are adopted to become effective when indicated in order to promote safety. The amended procedures supersede the existing procedures of the same classifi­ cation now in effect for the airports specified therein. For the convenience of the users, the complete procedure is republished in this amendment indicating the changes to the existing procedures. As a situation exists which demands immediate action in the interests of safety in air commerce, I find that compliance with the notice and procedure provisions of the Administrative Procedure Act is impracticable and that good cause exists for making this amendment effective within less than 30 days from publication. In view of the foregoing and pursuant to the authority delegated to me by the Administrator (24 F.R. 5662), Part 97 (14 CFRPart 97) is amended as follows: 1. By amending § 97.11 of Subpart B to delete low or medium frequency range (1VMF), automatic direction finding (ADF) and very high frequency omnirange (VOR) procedures as follows: Corpus Christ!, Tex.—International, NDB (ADF) Runway 13, Arndt. 14, 17 Aug. 1967 (established under Subpart C). Erie, Pa.—Erie International, ADF 2, Amdt. 3, 13 Aug. 1966 (established under Subpart C). Erie, Pa.—Erie International, ADF 1, Amdt. 7, 13 Aug. 1966 (established under Subpart C). Manila, Ark.—Manila Municipal, NDB (ADF) Runway 35, Orig., 1 Feb. 1968 (established under Subpart C). Oxford, Ohio—Miami University, NDB (ADF) Runway 4, Orig., 1 Apr. 1967 (established under Subpart C). Corpus Christi, Tex.—International, VOR Runway 17, Amdt. 13, 17 Aug. 1967 (established under Subpart C). Erie, Pa.—Erie International, VOR Runway 6, Amdt. 8, 16 Sept. 1967 (established under Subpart C). Hickory, N.C.—Hickory M unicipal, VOR 1, Amdt. 7, 1 May 1965 (established under S ubpart C). 2. By amending § 97.15 of Subpart B to delete very high frequency omnirange-distance measuring equipment (VOR/DME) procedures as follows: Erie, Pa.—Erie International, VOR/DME Runway 24, Amdt. 1, 16 Sept. 1967 (established under Subpart C). 3. By amending § 97.17 of Subpart B to delete instrument landing system (ILS) procedures as follows: Corpus Christi, Tex.—International, ILS Runway 13, Amdt. 13, 17 Aug. 1967 (established under Subpart C). Corpus Christi, Tex.—International, LOC (BC) Runway 31, Amdt. 1, 17 Aug. 1967 (established under Subpart C). Erie, Pa.—Erie International, ILS-6, Amdt. 6, 24 Dec. 1966 (established under Subpart C). 4. By amending § 97.23 of Subpart C to establish very high frequency omnirange (VOR) and very high frequency- distance measuring equipment (VOR/DME) procedures as follows: Standard I nstrument Approach P rocedure—T ype VOR Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL, except HAT, HAA, and RA. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise Indicated, except visibilities which are in statute miles or hundreds of feet RVR. If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator. Initial approach minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.

Terminal routes Missed approach Minimum MAP: 7.9 miles after passing CRP VOR From— ^ To— Via altitudes TAC. (feet)

Taft Int...... CRP VORTAC (NOPT)...... Direct___ ...... 1600 Climb to 2000', left turn, intercept CRP R 172° direct to Pogo Int and hold. Supplementary charting information: Hold 8,1 minute, left turns, 352° Inbnd. TDZ Elevation, 42'.

Procedure tum W side of crs, 011° Outbnd, 191° Inbnd, 2000' within 10 miles of CRP VORTAC. FAF, CRP VORTAC. Final approach crs, 191°. Distance FAF to MAP, 7.9 miles. Minimum altitude over CRP VORTAC, 1600'; over 6-mile DME Fix, 700'. MSA 25 miles of CRP VORTAC, 270°-180°—1500'; 180°-270°—2100'. N ote: ASR. •Sliding scale not authorized. #RVR 24 authorized Runway 13. D ay and Night Minimums

A B C D Cond. MDAVIS HATMDA VIS HAT MDA VISHATMDA VISHAT

S-17*__ 700 1 658 700 1 658 700 1X 658 700 IX 658 MDA VIS HAA MDAVIS HAA MDA VISHAA MDA VISHAA C...... 700 1 657 700 1 657 700 IX 657 700 2 657 DME Minimums: MDA VIS HATMDA VIS HAT MDA VIS HAT MDA VIS HAT S-17*— ...... 560 1 518 560 1 518 560 1 518 560 1M 518 MDA VIS HAA MDA VISHAA MDA VISHAAMDA VIS HAA C...... 560 1 517 560 1 617 560 IX 517 600 2 557 A...... Standard. T 2-eng. or less—Standard, # T over 2-eng.—Standard.#

City, Corpus Christi; State, Tex.; Airport name, International; Elev., 43'; Facility, CRP; Procedure No. VOR Runway 17, Amdt. 14; Efl. date, 23 Jan. 69; Sup. Amdt. No. 13; - Dated, 17 Aug. 67

FEDERAL REGISTER, VOL. 34, NO. 7— FRIDAY, JANUARY TO, 1969 RULES AND REGULATIONS 369

Standard I nstrument Approach procedure—T ype VOR—Continued

Terminal routes Missed approach Minimum MAP: 6 miles after passing EK1 VOR To— Via altitudes TAC. From— (feet)

10-mile Are E R I R 228°, 3000 Climb to 3000' direct to Hammett Int via R 183°, E R I VORTAC (CW)...... — - R 240°, E R I V O R TA C - lead radial. E R I VORTAC R 064° and hold; or 3000 when directed by ATC, climbing left R 296°, E R I VORTAC (CCW)...... - R 240°, E R I VORTAC.. 10-mile Are E R I R 250°, lead radial. turn to 3000' to ERI VORTAC. Hold Direct...... 1900 SW ERI VORTAC, 1 minute, right 10-mile Are...... -...... ------E R I VORTAC (NOPT) turns, 060° Inbnd. Supplementary charting information: Hold NE Hammett Int, 1 minute, right turns, 244° Inbnd. Building 0.2 mile SW. Run­ way 6 threshold 761'. Trees: 1 mile S of Runway 6 threshold 977'; 0.2 mile NE of Runway 24 threshold 791'; 0.1 mile NNW of Runway 6 threshold 817'. Steel towers: 9 miles E of Airport, 1675'; 7„ miles E of Airport, 2170'; and 5 miles SE of Airport, 2100'. TDZ elevation, 731'.

Procedure turn S side of ers, 240° Outbnd, 060° Inbnd, 2300' within 10 miles of E R I VORTAC. FAF E R I VORTAC. Final approach ers, 060 . Distance FAF TO MAP, 6 miles. Minimum altitude over ERI VORTAC, IMO'. 0 a.n<> MSA: 040°-130°—3200'; 130°-220°—2900'; 220°-310°—2400'; 310 -040 —2100 . ^M '^üiä/standard 'visibiRt^required all runways except 6-24; Runway 24, Standard; Runway 6, RVR 24. Dat and Night Minimums

Cond. MDA VIS HAT MDA VIS HAT MDA VIS HAT MDA VIS HAT

1240 RVR 50 509 1240 RVR 50 509 1240 RVR 50 509 1240 RVR 60 509 S-6- MDA VIS HAA MDA VIS HAA MDA VIS HAA MDA VIS HAA 588 0 ...... 1280 548 1320 1320 1H \ ...... : ...... Standard. T 2-eng. or less—#. T over 2 eng.—#.

City, Erie; State, Pa.; Airport name, Erie International; Elev., 732' Facility, ERRProcedure No. VOR Runway 6, Arndt. 9; Eff. date, 23 Jan. 69; Sup. Arndt. No. 8; Dated,

Terminal routes Missed approach Minimum „„„ _ To— Via altitudes MAP: 10.2 miles after passing HKY VOR. From— (feet)

Climb to 4000', right turn, to HKY VOR via R 225° and hold. Supplementary charting information: Hold NE, 1 minute, right turns, 240° Inbnd. REIL, Runway 24. TDZ elevation,

Procedure turn S side of ers, 060° Outbnd, 240° Inbnd, 3500' within 10 miles of HKY VORj FAF HKY VOR. Final approach ers, 225 . Distance FAF TO MAP, 10.2 miles. Minimum altitude over HKY VOR, 3000'; oyer Taylorsville FMj 2« 0 . MSA: 000°-090°—4700'; 090°-180 —3600 ; 180 -270 —5000 ; 270 -360 —8000 . d *t and Night Minimums

D A B C Cond. VIS MDA VIS HAT MDA VIS HAT MDA VIS HAT

2400 1224 NA S-24______2400 IK 1224 2400 2 1224 MDA VIS HAA MDA VIS HAA MDA VIS HAA 2400 1224 NA C— _ 2400 IK 1224 2400 2 1224 ' 2 « VOR/FM: HAT MDA VIS HAT MDA VIS HAT MDA VIS 384 NA S-24. _. 1560 1 384 1560 1 384 1560 1 MDA VIS HAA MDA VIS HAA MDA VIS HAA 464 NA C.______1640 1 464 1640 1 464 1640 m —Standard. A_____ T 2-eng. or less—Standard. T over 2-eng.-

City, Hickory; State, N.C.; Airport name Hickory Municipal; Elev,, 1176'; Facility, HKY; Procedure No. VOR Runway 24, Arndt. 8; Eff. date, 23 Jan. 69; Sup. Arndt; No. VOR 1, Arndt. 7; Dated, 1 May 65

FEDERAL REGISTER, VOL. 34, NO. 7— FRIDAY, JANUARY 10, 1969 370 RULES AND REGULATIONS

Standard I nstrument Approach P rocedure—T ype VOR—Continued

Terminal routes Missed approach Minimum From— To— Via altitudes MAP: 7.9 miles after passing PNE VOR. (feet)

Taylor Int___ ...... PNE VOR (NOPT)...... Direct...... 2400 Make climbing right turn to 2400', direct to PNE VOR and hold. Supplementary charting information: Hold SW, 1 minute, right turns, 064° Inbnd.

Procedure turn not authorized. Approach crs (profile) starts at Taylor Int. FAF, PNE VOR. Final approach crs, 048°. Distance FAF to MAP. 7.9 miles. M inim um altitude over Taylor Int, 2400'; over PNE VOR, 2400'. MSA: 000°-090°—1900'; 090°-180°—1600'; 180°-270°—2400'; 270°-360°—2400'. N ote: Radar required. #Night operations not authorized. Day and Night Minimums

MPA VIS HAT VIS VIS VIS

S-5#...... _...... 700 1 537 N A " NA NA

MDA v i s h a a c # ...... -...... 700 1 537 N A N A NA A...... Not authorized. T 2-eng. or less—Standard.# T over 2-eng.—Not authorized.

City, Langhorne; State, Pa.; Airport name, Buehl Field; Elev., 163'; Facility, PNE; Procedure No. VOR Runway 05, Arndt. Orig.; Efl. date, 23 Jan. 69 Standard I nstrument Approach P rocedure—T ype VOR/DME Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL, except HAT, HAA, and RA. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities whieh are in statute miles or hundreds of feet RVR. If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator. Initial approach m inim um altitudes shall correspond with those established for en route operation in the particular area or as set forth below.

Terminal routes Missed approach Minimum MAP: E R I VORTAC R 060°, 7-mile DME From— To— Via altitudes Fix. (feet) E R I VORTAC...... R 060°, 11-mile DME Fix...... Direct..______2860 Climb to 3000' direct to E RI VO RTA C and Hammett Int ...... R 060°, 11-mile DME Fix (NOPT)___ 300° crs 1.2 miles/R 060°, E R I hold, or when directed by ATC, climb to VORTAC. 2000 3000' right turn to ERI VORTAC R E R I R 060°, 19-mile DME F ix ...... R 060°, U-mile DME Fix (NOPT)------Direct...... 2000 060°, 11-mile DM E Fix. Hold NE be» R 022°, E R I VORTAC (CW)...... R 060°, E R I VORTAC...... 19-mile Arc ERI, -R 055°, lead 3000 tween 11- and 16-mile DME Fix IF 060°, 1 minute, right turns, 240° Inbnd. R 121° ERI VORTAC (CCW)...... R 060°, ERI VORTAC...... 19-mile Arc ERI, R 065°, lead 3200 Supplementary charting information: Hold .A / H n l SW ERI VORTAC 1 minute, right turns, 060° Inbnd. Building 0.2 mile, SW Runway 6 threshold 761'. Trees: 0.1 mile NNW Runway 6 threshold 817'; 0.2 mile, NE Runway 24 threshold 791'. Steel towers: 9 miles E of airport, 1675'; 7 miles E of airport, 2170'.; and 5 miles SE of airport, 2100'. TDZ elevation, 730'.

Procedure tum N side of crs, 060° Outbnd, 240° Inbnd, 2800' within 10 miles of E RI VO RTAC R 060°, 11-mile DME Fix. Final approach crs, 240°. Minimum altitude over E R I VORTAC R 060°, 11-mile DME Fix, 2000'. MSA: 040°-130°—3200'; 130°-220°—2900'; 220°~3106—2400'; 310°-040°—2100'. N o tes: (1) Sliding scale not authorized. (2) Component inoperative table does not apply to REIL’s and HIRL on Runway 24. #2OO7 ceiling/standard visibility required all runways except 6-24; Runway 24, Standard; Runway 6, RVR 24. Day and Night Minimums

A B C D MDA VIS HAT MDA VIS HAT MDA VIS HAT MDA VIS HAT

S-24...... 1260 1 530 1260 1 530 1260 1 530 1260 1JÎ 530 MDA VIS HAA MDA VIS HAA MDA VIS HAA MDA VIS HAA C...... 1280 1 548 1320 1 588 1320 Vû 688 1320 2 588 A___j ...... Standard. T 2-eng. or less—#. T over 2-eng.—#.

City Erie; State, Pa.; Airport name, Erie International; Elev., 732'; Facility, ERI; Procedure No. VOR/DME Runway 24, Arndt. 2; Eft. date, 23 Jan. 69; Sup. Arndt. No. 1; Dated, 16 Sept. 67

FEDERAL REGISTER, VOL. 34, NO. 7— FRIDAY, JANUARY 10, 1969 RULES AND REGULATIONS 371 5. By amending § 97.23 of Subpart C to amend very high frequency omnirange (VOR) and very high frequency-distance measuring equipment (VOR/DME) procedures as follows: Standard in strum ent Approach P rocedure—T ype VOR Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL, except HAT, HAA, and RA. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles or hundreds of feet RVR. If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator. Initial approach minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.

Terminal routes Missed approach Minimum MAP: 9.5 miles after passing VWV VOR From — T o - Via altitudes make right-climbing turn to 2200'; pro­ (feet) ceed to Waterville VOR and hold.

Supplementary charting information: Hold SW Waterville VOR R 229°, right turns, 1 minute, 049° Inbnd. TDZ elevation, 622'.

Procedure tum S side of crs, 229° Outbnd, 049° Inbnd, 2200' within 10 miles of VWV VORTAC. FAF, VWV VORTAC. Final approach crs, 049°. Distance FAF to MAP, 9.5 miles. Minimum altitude over VWV VORTAC, 2200'; over 6-mile DME Fix R 049°, 1440'. MSA: 000o-090° —3100': 090°-270°-2400'; 270°-360°-2100'. N otes: (1) Radar vectoring. (2) Use Toledo Express altimeter setting. Day and Night Minimums

A BCD Cond. MDA VISHAT MDA VISHAT VIS VIS

S-4___ ...... 1440 1 818 1440 IK 818 NA NA MDA VISHAA MDA VISHAA C...... ____ 1440 1 818 1440 IK 818 NA NA DME Minimums: MDA VISHATMDAVIS HAT S-4__ ...... 1040 1 418 1040 1 418 NA NA MDAVISHAAMDA VIS HAA e ...... ____ 1100 1 478 1100 1 478 NA NA A...... Not authorized. T 2-eng. or less—Standard. T over 2-eng. —Standard.

City, Toledo; State, Ohio; Airport name, Toledo Municipal; Elev., 622'; Facility, VWV; Procedure No. VOR Runway 4, Arndt. 4; Eff. date, 23 Jam 69; Sup. Arndt. No. 3; Dated, 17 Feb. 68 6. By amending § 97.25 of Subpart C to establish localizer (LOC) and localizer-type directional aid (LDA) procedures as follows: Standard I nstrument Approach P rocedure—T ype LOC Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL, except HAT, HAA, and RA. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles or hundreds of feet RVR. H an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument, approach procedure, unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator. Initial approach minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.

Terminal routes Missed approach Minimum From— To— Via altitudes MAP: 4 miles after passing Bluff Int. (feet)

CRP LOM...... Bluff Int...... 1700 Climb to 1800' on NW crs of CRP ILS CRP VORTAC...... Bluff Int______...... Direct...... 1500 within 20 miles. NOPVOR...... ______Bluff Int (NOPT)...... Direct...... 1200 Supplementary charting information: TDZ Elevation, 42'.

Procedure turn S side of crs, 127° Outbnd, 307° Inbnd, 1500' within 10 miles of Bluff Int. FAF, Bluff Int. Final approach crs, 307°. Distance FAF to MAP, 4 miles. Minimum altitude over Bluff Int, 1200'; over Elmer Int, 600'. N ote: ASR. #RVR 24 authorized Runway 13. Day and Night Minimums

AB C D Cond. MDAVISHATMDA VISHATMDA VISHAT MDA VIS HAT

S-31___ ...... 600 K 558 600 K 558 600 ■ K 558 600 ' IK 558 MDA VISHAAMDA VISHAAMDA VISHAA MDA VISHAA C...... 1 557 600 1 557 600 IK 557 600 2 557 LOC/VOR Minimums: MDAVISHAT MDAVISHAT MDAVIS HAT MDA VIS HAT S-31...... K 318 360 K 318 360 K 318 360 1 318 MDAVISHAA MDAVIS HAAMDAVIS HAAMDA VIS HAA C...... 1 . 437 500 1 457 500 IK 457 600 2 557 A...... T 2-eng. or less—Standard.# T over 2-eng.-—Standard.#

City, Corpus Christi; State, Tex.; Airport name, International; Elev., 43'; Facility, I-CRP; Procedure No. LOC (BC) Runwav 31, Arndt. 2; Eff. date, 23 Jan. 69; Sup. Arndt. No. 1; Dated, 17 Aug. 67

FEDERAL REGISTER, VOL. 34, NO. 7— FRIDAY, JANUARY 10, 1969 372 RULES AND REGULATIONS 7. By amending § 97.27 of Subpart C to establish nondirectional beacon (automatic direction finder) (NDB/ADF) procedures as follows: Standard I nstrument Approach P rocedure—T ype NDB (ADF) Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL, except HAT, HAA, and HA. Ceilings are in feet above airport elevation Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles or hundreds of feet RVR. If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator. Initial approach m inim um altitudes shall correspond with those established for en route operation in the particular area or as set forth below.

Terminal routes Missed approach Minimum From— To— Via altitudes MAP: 4.8 miles after passing CR LOM. (feet)

CRP VORTAC______-...... ______CR LOM...... ____ Direct—...... ______2000 Climb to 2000' to Pogo Int via CK NDB Mathis In t______E droylnt______D irect______1700 127° and CRP VORTAC R 172°, and E droylnt______.______CR LOM (NOPT)______Direct______.... ----- 1400 hold, or, when directed by ATC, climb to 2000', left turn, direct to CRP VOR TAC. Supplementary charting information: Hold S, 1 minute, left turns, 352° Inbnd. TDZ elevation, 43'.

Procedure turn W side of crs, 307° Outbnd, 127° Inbnd, 2000' within 10 miles of CR LOM. FAF, CR LOM. Final approach crs, 127°. Distance FAF to MAP, 4.8 miles. Minimum altitude over CR LOM, 1400'; over Tank Int, 680'. MSA 25 miles of CR LOM: 000°-090°—1400'; 090°-360°—2100'. N ote: ASR. #RVR 24 authorized Runway 13. D ay and N ight Minimums

A B C D Cond. MDA VIS HAT MDA VIS HAT MDA VISHATMDA VISHAT

S-13...... - 680 RVR 40 637 680 RVR 40 637 680 RVR 40 637 680 RVR 50 637 MDAVISHAAMDA VISHAA MDA VIS HAA MDA VIS HAA C...... 680 1 637 680 1 637 680 1 ^ 637. 700 2 657 NDB/VOR Minimums: MDA VIS HAT MDA VIS HAT MDA VIS HAT MDA VIS HAT S-13...... — ...... 380 RVR 40 337 380 RVR 40 337 380 RVR 40 337 380 RVR 50 337 MDA VIS HAA MDA VIS HAA MDA VIS HAA MDA VIS , HAA C...... 480 1 437 500 1 457 500 V4 457 600 2 557 A...... ______Standard. T 2-eng. or less—Standard.# T over 2-eng.-—Standard.#

City, Corpus Christi; State, Tex.; Airport name, International; Elev., 43'; Facility, CR; Procedure No. NDB (ADF) Runway 13, Arndt. 15; Eff. date, 23 Jan. 69; Sup. Arndt. No. 14; Dated, 17 Aug. 67

Terminal routes Missed approach Minimum ' . From— To— Via altitudes MAP: 3.9 miles after passing E R LOM. (feet)

E R I VORTAC------ER LOM (NOPT)______.__Direct______2000 Climb to 3000' direct to Hammett Int via E R I VORTAC R 064, and hold; or when directed by ATC, climbing left turn to 2300' to ER LOM. Hold SW ER LOM, 1 minute, right turns, 060° Inbnd. Supplementary charting information: Hold NE of Hammett Int, 1 minute, right turns, 244° Inbnd. Building 0.2 mile SW Runway 6 threshold 761'. Trees: 1 mile S of Runway 6 threshold 977'; 0.1 mile NNW Runway 6 threshold 817'; 1 mile SSE of ERI NDB, 980'; 0.2 mile NE Runway 24 threshold 791'. Steel towers: 9 miles E of Airport, 1675'; 7 miles E of Airport, 2170'; and 5 miles SE of Air­ port, 2100'. TDZ Elevation, 731'.

Procedure turn S side of crs, 240° Outbnd, 060° Inbnd, 2300' within 10 miles of ER LOM. FAF, ER LOM. Final approach crs, 060°. Distance FAF to MAP, 3.9 miles. Minimum altitude over ER LOM, 2000'. MSA: 040°-130°—3200'; 130°-220°—2900'; 220°-310°—2400'; 310°-040°—2100'. Note: Sliding scale not authorized. #200' ceiling/stand ard visibility required all runways except 6-24; Runway 24, Standard; Runway 6, RVR 24. Day and Night Minimums

A B C D Cond. ------■ ■ ------—---- -— ...... — ------—------— MDA VIS HAT MDA VIS HAT MDA VIS HAT MDA VIS HAT

S-6...... ! ...... 1240 RVR 50 ¿509 1240 RVR 50 509' 1240 RVR 50 509 1240 RVR 60 509' MDA VIS HAA MDA VIS HAA MDA VIS HAA MDA VIS HA A C...... 1280 1 548 1320 1 588 1320 1H 588 1320 2 588 A------. ------Standard.' T 2-eng. or less—#. T over 2-eng.—#.

City, Erie; State, ?a.; Airport name, Erie International; Elev., 732'; Facility, LOM ER; Procedure No. NDB (ADF) Runway 6, Arndt. 4; Eff. date, 23 Jan. 69: Sud. Arndt. No. ADF 2, Arndt. 3; Dated, 13 Aug. 66

FEDERAL REGISTER, VOL. 34, NO. 7— FRIDAY, JANUARY 10, 1969 RULES AND REGULATIONS 373

Standard I nstrument Approach P rocedure—T ype NDB (ADF)—Continued

Terminal routes Missed approach Minimum From— To— Via altitudes MAP: 3.4 miles after passing Cascade NDB. (feet)

EBI VOBTAC...... ______Cascade NDB...... _____Direct______2800 Climb to 3000' direct to E BI VO BTAC via Harborcreek Int______...... Cascade NDB______— 2800 E B I B 060° and hold; or when directed ...... Cascade NDB (NOPT)...... _____ 300° crs 1.2 miles/060° bearing 2000 by ATC, climb to 3000', right turn direct from E B I Bbn. to Cascade NDB. Hold NE of Cascade _____Direct______3200 NDB, 1 minute, right turns, 240° Inbnd. Lawrence” Int______...... Cascade NDB...... _____ Direct______3400 Supplementary charting information: Hold SW of EBI VOBTAC, 1 minute, right turns, 060° Inbnd. Building 0.2 mile, SW Bunway 6 threshold 761'. Trees: 0.1 mile NNW of Bunway 6 threshold 817'; 0.2 mile, NE of Bunway 24 threshold 791'. Steel towers: 9 miles E of airport, 1675'; 7 miles E of airport, 2170'; and 5 miles SE of airport, 2100'. TDZ elevation, 730'.

Procedure turn N side of crs, 060° Outbnd, 240° Inbnd, 2800' within 10 miles of Cascade NDB. FAF, Cascade NDB. Final approach crs, 240°. Distance FAF to MAP, 3.4 miles. Minimum altitude over Cascade NDB, 2000'. MSA: 040°-130°—3200'; 130°-220°—3200'; 220°-310°—2400'; 310°-040°—2300'. N ote: Sliding scale not authorized. #200' ceUing/standard visibility required all runways except 6-24; Bunway 24, Standard; Bunway 6, BVB 24. Day and Night Minimums

a b C D MDA VIS HAT MDA VIS. HAT MDA VIS HAT MDA VIS HAT g-24...... 1300 1 570 1300 1 570 1300 1 570 1300 Vyi 670 MDA VIS TT A A MDA VIS HAA MDA VIS HAA MDA VIS HAA C...... 1300 1 568 1320 1 588 1320 1)4 588 1320 2 588 A...... _...... I.'...... Standard. T 2-eng. or less—#. T over 2-eng.—#.

Citv Erie; State. Pa.; Airport name, Erie International; Elev., 732'; Facility, EBI; Procedure No. NDB (ADF) Bunway 24, Arndt. 8; Eff. date, 23 Jan. 69; Sup. Arndt. No. ADF 1, Arndt. 7; Dated, 13 Aug. 66

Terminal routes Missed approach Minimum From— To— Via altitudes MAP: MXA NDB. (feet)

AEG VOBTAC...... MXA NDB______Direct------...... 2000 Climb to 2000', left turn, direct to MXA INT MAW B 191° AND MEM B 341°..- ... MXA NDB...... Direct...... 2500 NDB and hold. INT MAW B 191° AND AEG E 088°-.. ...'MXA NDB...... Direct...... 2500 Supplementary charting information: Hold S of MXA NDB on 170°-350° Inbnd, left turns, 1 minute.

Procedure tum W side of crs, 170° Outbnd, 350° Inbnd, 2000' within 10 miles of MXA NDB. Final approach crs, 350°. Minimum altitude over MXA NDB, 740'. MSA: 000°-180°—1700'; 180°-270°—1900'; 270°-360°—2000'. N ote: Use Blytheville AFB, Ark., altimeter setting. D ay and Night Minimums

MDA VIS HAT MDA VIS HAT VIS VIS

S-35__...... : ...... ’ 740 1 498 740 1 498 NA NA MDA VIS HAA MDA VIS HAA C...... 740 1 498 740 1 498 NA NA A...... Not authorized. T 2-eng. or less—Standard. T over 2-eng.—Standard;

City, Manila; State, Ark.; Airport name, Manila Municipal; Elev., 242'; Facility, MXA; Procedure No. NDB (ADF) Bunway 35, Arndt. 1; Eff. date, 23 Jan. 69; Sup. Arndt. No. Orig.; Dated, 1 Feb. 68

FEDERAL REGISTER, VOL. 34, NO. 7— FRIDAY, JANUARY 10, 1969 374 RULES AND REGULATIONS

Stamdäkd I nstrument Afpboach P eocedube—T ype NDB (ADF) —Continued

Terminal routes Missed approach Minimum From— To— Via altitudes MAP: OXD NDB. (feet)

Richmond VOR ...... Oxford NDB______Direct ...... 2800 Make left-climbing turn to 2500', return to Oxford N D B ...... _____Direct______2600 Oxford NDB and hold. Bath In t______’______Peoria Int...... _____Direct______1720 Supplementary charting information: Hold Peoria Int...... Oxford NDB (NOPT)...... _____Direct...... 1520 SW, 1 minute, right turns, 040° Inbnd. Final approach crs intercepts runway centerline 3700' from threshold.

Procedure turn E side of crs, 220° Outbnd, 040° Inbnd, 2500' within 10 miles of OXD NDB. Final approach crs, 040°. Minimum altitude over Peoria Int, 1720'. MSA: 000°-090°—3100'; 090°-180°—2800'; 180°-270°—2300'; 270°-360°—2400'. N otes: (1) Use Cincinnati altimeter setting. (2) Radar vectoring. Day and Night Minimums

A B C D Cond. MDA VIS HAT MDA VIS HAT VIS VIS

S-4...... 1720 1 675 1720 1 675 NA NA MDA VIS HAA MDA VIS HAA C ...... »___ 1720 1 675 1720 1 675 NA NA ADF/VOR Minimums: MDA VIS HAT MDA VIS , HAT S-4...... 1520 1 475 1520 1 475 NA NA MDA VIS HAA MDA VIS HAA C ...... 1520 1 475 1520 1 475 NA NA A ...... Not authorized. T 2-eng. or less—Standard. T over 2-eng.—Not authorized.

Citv Oxford; State, Ohio: Airport name, Miami University; Elev., 1045'; Facility, OXD; Procedure No. NDB (ADF) Runway 4, Arndt. 1; Efl. date, 23 Jan. 69; Sup. Arndt. ’ No. Orig.; Dated, 1 Apr. 67

Terminal routes Missed approach Minimum From— ’ To— Via altitudes MAP: VDI NDB. (feet)

AMG VORTAC...... •_...... VDI NDB...... Direct...... 2000 Climbing left turn to 2000' and return on DBNVOR...... VDI NDB______Direct...... 2000 track 077° to VDI NDB and hold. Lotts Int I...... V D I NDB______Direct...... 2000 Supplementary charting information: Hold NE, 1 minute, right turns, 257° Inbnd. Final approach crs Intercepts runway centerline 3000' from threshold.

Procedure turn N side of crs, 077° Outbnd, 257° Inbnd, 1800' within 10 miles of VDI NDB. . Final approach crs, 257°. Minimum altitude over VDI NDB, 980'. MSA: 000°-090°—1800'; 090°-180°—1600'; 180°-270°—1800'; 270°-360°—1800'. N otes: (1) Use AMG altimeter during hours of operation, 1100-0300Z. (2) Use MCN altimeter, 0300-1100Z. (3) Night minimums not authorized on Runways 18/36 and 13/31. (4) Close flight plan with JAX ARTCC prior to landing or by telephone. Day and Night Minimums

A B C D MDA VIS HAT MDA VIS ' HAT MDA VIS HAT VIS

S-24...... — 980 1 706 980 1 706 980 1M 706 NA MDA VIS HAA MDA VIS HAA MDA VIS HAA C _...... 980 1 706 980 1 706 980 1H 706 NA A...... Not authorized. T 2-eng. or less—Standard. T over 2-eng.—Standard.

City, Vidalia; State, Ga.; Airport name, Vidalia Municipal; Elev., 274'; Facility VDI; Procedure No. NDB (ADF) Runway 24, Arndt. Orig.; Efl. date, 23 Jan. 69

i

FEDERAL REGISTER, VOL. 34, NO. 7 — FRIDAY, JANUARY TO, 1969 RULES AND REGULATIONS 373 8. By amending § 97.29 of Subpart C to establish instrument landing system (ILS) procedures as follows: STANDARD INSTRUMENT APPROACH PROCEDURE----TYPE I L S Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL, except HAT, HAA, and R A. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles or hundreds of feet RVR. If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrates'. Initial approach minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.

Terminal routes Missed approach Minimum MAP: ILS DH 243'. LOC 4.8 miles aft« From— To— Via altitudes passing CR LOM. (feet)

Pogo I n t ...... ______CR LOM ...... Direct.... 2000 Climb to 2000' to Pogo In t via CRP ILS, CRP VORTAC...... CR LOM...... Direct.... 2000 SB ers and CRP VORTAC R 172° and Sinton Int ...... CR LOM...... Direct. 2000 hold, or, when directed by ATC, climb Mathis Int ______Edroy Int______Direct__ 1700 to 2000', left turn, direct to CRP VOR ...... CR LOM (NOPT)...... Direct..— 1400 TAC. Supplementary charting information: Hold S, 1 minute, left turns, 352° Inbnd. TDZ elevation, 43'.

Procedure turn W side of ers, 307° Outbnd, 127° Inbnd, 2000' within 10 miles of CR LOM. FAF, CR LOM. Final approach crs. 127°. Distance FAF tq MAP, 4.8 miles. Minimum glide slope interception altitude, 1400'. Glide slope altitude at OM, 1370'; at MM, 244'. Distance to runway threshold at OM, 4.8 miles; at MM, 0.6 mile. MSA 25 miles of CR LOM: 000°-090°—1400'; 090°-360°—2100'. N ote: ASR. #RVR 24 authorized Runway 13. Day and Night Minimums

A B e D Cond. MDA VISHATMDA VISHATMDA VIS HATMDA VISHAT

S-13...... - 243 RVR 24 200 243 RVR 24 200 243 RVR 24 200 243 RVR 24 200 MDA VISHATMDAVIS HAT MDA VIS HAT MDA VIS HAT LOC-13-...... 340 RVR 24 297 340 RVR 24 297 340 RVR 24 297 340 RVR 40 297 MDA VIS HAA MDAVISHAAMDAVISHAA MDA VIS HAA C...... 480 1 437 500 1 457 500 m 457 600 2 557 A...... ______Standard. T 2-eng. or less—Standard.# * T ever 2-eng.-—Standard.#

City, Corpus Christi; State, Tex.; Airport name, International; Elev., 43'; Facility, I-CRP; Procedure No. ILS Runway 13, Arndt. 14; Eff. date, 23 Jan. 69; Sup. Arndt. No. 13; Dated, 17 Aug.,67

Terminal routes Missed approach .Minimum MAP: ILS DH 981; LOG 3.9 miles after From— To— Via altitudes passing E R LOM. (feet)

ERI VORTAC. ER LOM (NOPT)______Direct. Climb to 3000' direct to Hammett Int via E R I VORTAC R 064° and hold; or when directed by ATC climbing left tarn to 2300' to E R LOM. Hold SW ER LOM, 1 minute,.right turns, 060° Inbnd. Supplementary charting information: Hold NE of Hammett Int, 1 minute, right turns, 244° Inbnd. Building 0.2 mile SW Runway 6 threshold 761'. Trees: 0.1 mile NNW Runway 6 threshold 817': 0.2 mile NE Runway 24 threshold 791'; 1 mile S of Runway 6 threshold 977'. Steel towers: 9 miles E of Airport, 1675'; 7 miles E of Airport, 2170'; and 5 miles SE of Airport, 2100'. TDZ elevation, 731'.

Procedure tum S side of crs, 240° Outbnd, 060° Inbnd, 2300' within 10 miles of ER LOM. FAF, ER LOM. Final approach crs, 060°. Distance FAF to MAP, 3.9 miles. Minimum glide slope interception altitude, 2000'. Glide slope altitude at OM, 1966'; at MM, 935'. Distance to runway threshold at OM, 3.9 miles; at MM. 0.5 mile. MSA: 040°-130°—■3200'; 130°-220°-2900'; 220°-310°—2400'; 310°-040°-2100'. Notes: (1) Sliding scale not authorized. (2) Back: crs unusable. #200' ceiling/standard visibility required all runways except 6-24; Runway 24, Standard; Runway 6, RVR 24. Day and Night Minimum»

ABOD Cond. DH VIS HAT DHVIS HAT DHVIS HATDHVISHAT

S-6...... 981 RVR 40 250 981 RVR 40 250 981 RVR 40 250 981 RVR 40 250 LOC: MDAVISHATMDAVIS HAT MDA VISHAT MDAVIS HAT S-6...... 1140 RVR 60 409 1140 RVR 50 409 1140 RVR 50 400 1140 RVR 50 *09 MDAVISHAA MDA VISHAA MDAVISHAAMDAVISHAA C... 1280 1 548 1320 1 588 1320 IX 588 1320 2 538 A.... T 2-eng. or less—il. T over 2-eng.—&.

City, Erie; State, Pa.; Airport name, Erie International; Elev., 732'; Facility, I-ERI; Procedure No. ILS Runway 6, Arndt. 7; Eff. date, 23 Jan. 69; Sup. Arndt. No. ILS-6, Arndt. 6; Dated, 24 Deo. 66

FEDERAL REGISTER, VOL. 34, NO. 7— FRIDAY, JANUARY ID, 1969 No. 7---- 3 376 RULES AND REGUIATIONS 9. By amending § 97.31 of Subpart C to establish precision approach radar (PAR) and airport surveillance radar (ASR) procedures as follows: Standard I nstrument Approach P rocedure—Type Radar Bearings, headings, courses and radlals are magnetic. Elevations and altitudes are In feet MSL, except HAT, HAA, and RA; Ceilings are In feet above airport elevation; Distances are in nautical miles unless otherwise indicated, except visibilities which are In statute miles or hundreds of feet RVR. If a radar instrument approach is conducted at the below named airport, It shall be In accordance with the following instrument procedure, unless an approach is conducted in accordance with a different procedure authorized for such airport by the Administrator. Initial approach minimum altitude(s) shall correspond with those established for en route operation in the particular area or as set forth below. Positive identification must be established with the radar controller. From initial contact with radar to final author­ ized landing minimums, the instructions of the radar controller are mandatory except when (A) visual contact is established on final approach at or before descent to the author­ ized landing minimums, or (B) at Pilot’s discretion if it appears desirable to discontinue the approach. Except when the radar controller may direct otherwise prior to final approach, a missed approach shall be executed as provided below when (A) communication on final approach is lost for more than 5 seconds dinring a precision approach, or for more than 30 seconds during a surveillance approach; (B) directed by radar controller; (C) visual contact is not established upon descent to authorized landing minimums; or (D) if landing is not accomplished.

Radar terminal area maneuvering sectors and altitudes (sector? and distances measured from radar antenna) Notes From— To— Dis- Alti- Dis- Alti- Dis- Alti- Dis- Alti- Dis- Alti- tance tude tance tude ' tance tude tance tude tance tude

1. Final approach within 5-mile radius of airport ref­ erence point from 130° clockwise to 300°. 2. Descend aircraft to MDA after. FAF. 3. FAF, 5 miles from airport reference point.

As established by Corpus Christi ASR minimum vectoring charts. #RVR 24 authorized Runway 13. Missed approach: Climb to 2000', right or left turn, direct to CRP VORTAC. Day and Night Minimums

A B C D Cond. MDA VIS TTA A MDA VIS HAA MDA VIS HAA MDA VIS HAA

C...... 480 1 437 500 1 457 500 1M 457 600 2 557 A ...... Standard. T 2-eng. or less—Standard.# T over 2-eng.—Standard.#

City, Corpus Christi; State, Tex.; Airport name, International; Elev., 43'; Facility, CRP Radar; Procedure No. Radar-1, Arndt. Orig.; Eff. date, 23 Jan. 69 These procedures shall become effective on the dates specified therein. (Secs. 307(c), 313(a), 601, Federal Aviation Act of 1958; 49 U.S.C. 1348(c), 1354(a), 1421; 72 S tat. 749, 752, 775) Issued in Washington, D.C., on December 17, 1968. E dward C. H odson, Acting Director, Flight Standards Service. [F.R. Doc. 69-2; Filed, Jan. 9,1969; 8:45 a.m.]

Idaho— C ontinued Montana—C ontinued Title 7— AGRICULTURE Canyon. Lewis. Sheridan. Valley. Caribou. Lincoln. Stillwater. W heatland. Chapter IV— Federal Crop Insurance Cassia. Madison. Teton. Yellowstone. Corporation, Department of Agri­ Franklin. M inidoka. Toole. Frem ont. Nez Perce. N orth Dakota culture Gooding. Oneida. PART 401—-FEDERAL CROP Idaho. Owyhee. Barnes. McLean. Jefferson. Power. Benson. Mercer. INSURANCE Jerome. Teton. B ottineau. M ountrail. K ootenai. Twin Falls. Subpart— Regulations for the 1969 Burke. Nelson. L atah. Burleigh. Oliver; and Succeeding Crop Years Maryland Cass. Pem bina. Pierce. Appendix ; Counties Designated for Cavalier. Caroline. Queen A nn Dickey. Ramsey. Barley Crop I nsurance Kent. Divide. Ransom . Pursuant to authority contained in Minnesota D unn. Renville. § 401.101 of the above-identified regula­ Eddy. R ichland. Becker. Pennington. Emmons. R olette. tions, the following counties have been Chippewa. Polk. Foster. Sargent. designated for barley crop insurance for Clay. Pope. Golden Valley. Sheridan. the 1970 crop year. G rant. Red Lake. Grand Forks. Stark. Arizona K ittson. Roseau. G rant. Steele. M ahnom en. Stevens. Griggs. S tutsm an. Maricopa. Yuma. M arshall. Swift. H ettinger. Towner. Pinal. Norman. Traverse. Kidder. Traill. California Otter Tail. Wilkin. La Moure. W alsh. San Luis O’ Logan. W ard. Kern. Montana Wells. Modoc. Tulare. McHenry. Big Horn. Hill. McKenzie. W illiams. Colorado Blaine. Judith Basin. Boulder. Morgan. Carbon. Liberty. Oregon Sedgwick. Cascade. Musselshell. Larim er. Sherm an. Logan. Weld. C houteau. Phillips. Gilliam. Daniels. Pondera. Jefferson. uriiatilla. Idaho Fallon. Prairie. K lam ath. Union. Wallowa. Ada. Bingham . Fergus. R ichland. Linn. Bonneville. Glacier. Roosevelt. M alheur. Wasco. Bannock. W heeler. Benewah. Camas. Golden Valley. Rosebud. Morrow.

FEDERAL REGISTER, VOL. 34, NO. 7— FRIDAY, JANUARY 10, 1969 RULES AND REGULATIONS

Pennsylvania I daho—Co ntinued Kansas—C ontinued Adams. Franklin. Jerom e. Nez Perce. Jewell. P ratt. Chester. Lebanon. Kootenai. Oneida. Johnson. Rawlins. Cumberland. York.- J~ L atah. Owyhee. Kearny. Reno. D auphin. Lewis. Power. K ingm an. Republic. S outh Dakota Lincoln. Teton. Kiowa. Rice. Madison. Twin Falls. L abette. Riley. Beadle. G rant. M inidoka. Lane. Rooks. Brookings. Ham lin. Illinois Lincoln. Rush. Brown. K ingsbury. Linn. Russell. Clark. M cPherson. Adams. Logan. Logan. Saline. Codington. M arshall. Bond, McDonough. Lyon. Scott. Day. Miner. Brown. McLean. M cPherson. Sedgwick. Deuel. Roberts. Cass. Macon. M arion. Seward. Edm unds. Spink. Cham paign. M acoupin. M arshall. Shawnee. Faulk. C hristian. Madison. Meade. Sheridan. Utah Clark. Mason. Miami. Sherm an. C linton. M enard. U tah. M itchell. Sm ith. Cache. Coles. Monroe. Stafford. Davis. Weber. Montgomery. Crawford. Montgomery. Morris. S tanton. Salt Lake. Cumberland. Morgan. Washington Nemaha. Stevens. DeW itt. M oultrie. Neosho. Sum ner. Adams. G rant. Douglas. P iatt. Ness. Thomas. Asotin. K lickitat. Edgar. Pike. Norton. Trego. Benton. -Lincoln. Effingham. St. Clair. Osage. W abaunsee. Columbia. Spokane. Fayette. Sangam on. Osborne. Wallace. Douglas. W alla Walla. P ulton. Schuyler. O ttaw a. Washington. Franklin. W hitm an. Greene. Scott. Pawnee. W ichita. Garfield. Yakima. Hancock. Shelby. Phillips. Wilson. Iroquois. Tazewell. Pottawatomie. Woodson. Wyoming Jasper. Vermilion. Big Horn. Park. Jefferson. Washington. K entucky Wayne. Goshen. W ashakie. Jersey. C hristian. Kankakee. (Secs. 506, 516, 52 S tat. 73, as am ended, 77, Indiana Maryland as am ended; 7 U.S.C. 1506, 1516) Adams. Kosciusko. Caroline. Queen Annes. [seal] J ohn N. Luft, Allen. Lagrange. K ent. Manager, Federal Bartholomew. Madison. Michigan Crop Insurance Corporation. Benton. M arion. Blackford. M arshall. Bay. Kalamazoo. [F R . Doc. 69-342; Piled, Jan . 9, 1969; Boone. Miami. Branch. Lenawee. 8:49 a.m.] Carroll. Montgomery. Calhoun. Livingston. Cass. Morgan. Cass. Monroe. Clay. Newton. Clinton. Saginaw. PART 40T— FEDERAL CROP Clinton. Noble. Eaton. St. Clair. INSURANCE D ecatur. Parke. Gratiot. St. Joseph. DeKalb. Pulaski. Hillsdale. Sanilac. Subport— Regulations for the 1969 Delaware. P utnam . Huron. Shiawasee. and Succeeding Crop Years E lkhart. R andolph. Ingham . Tuscola. Fayette. Ripley. Ionia. W ashtenaw . Appendix; Counties Designated for F ountain. R ush. Jackson. W heat Crop I nsurance F ulton. Shelby. Minnesota Gibson. Sullivan. Becker. M arshall. Pursuant to authority contained in G rant. Tippecanoe. Big Stone. Norm an. §401.101 of the above-identified regula­ H am ilton. Tipton. Blue Earth. O tter Tail. tions, the following counties have been Hancock. Union. Chippewa. Pennington. designated for wheat crop insurance for Hendricks. Vermillion. Clay. Polk. the 1970 crop year. Henry. Vigo. D akota. Red Lake. Howard. W abash. Douglas. Redwood. Arkansas Huntington. W arren. F aribault. Renville. Chicot. Greene. Jackson. W ayne. Freeborn. Roseau. Clay. Jackson. Jasper. Wells. G rant. Stevens. Craighead. Mississippi. Jay. W hite. K andiyohi. Swift. Crittenden. Phillips. Johnson. W hitley. K ittson. Traverse. Cross. Poinsett. Knox. Lac Qui Parle. Waseca. Desha. St. Francis. Kansas Le Sueur. W ilkin. California Allen. Douglas. M ahnom an, Yellow Medicine Anderson. Edwards. Mississippi Kern. San L uis Obi Atchison. Elk. Modoc. Tulare. Barber. Ellis. Bolivar. Sharkey. Colorado B arton. Ellsw orth. Coahoma. Sunflower. Adams. Logan. Bourbon. Finney. De Soto. Tallahatchie, Arapahoe. Morgan. Brown. Ford. Hum phreys. Tunica. Boulder. Phillips. B utler. Franklin. Issaquena. Washington. Cheyenne. Sedgwick. Chase. Geary. Q uitm an. Yazoo. Chautauqua. Gove. Elbert. Washington. Missouri Kit Carson. Weld. Cherokee. G raham . Larimer. Yuma. Cheyenne. G rant. Adair. Carroll. Lincoln. Clark. Gray. Andrew. Cass. Clay. Greeley. Audrain. Chariton. Idaho Cloud. Greenwood. B arton. Clark. Ada. Caribou. Coffey. H am ilton. Bates. Clinton. Bannock. Cassia. Com anche. H arper. Boone. Cooper. Benewah. F ranklin. Cowley. Harvey. Buchanan. Dade. Bingham. Fremont. Crawford. Haskell. Butler. Daviess. Bonneville. Gooding. D ecatur. Hodgeman. Caldwell. DeKalb. Camas. Idaho. Dickinson. Jackson. Callaway. Dunklin. Canyon. Jefferson. D oniphan. Jefferson. Cape Girardeau. Franklin.

FEDERAL REGISTER, V O L 34, NO. 7— FRIDAY, JANUARY 10, 1969 578 RULES AND REGULATIONS

Missouri—C ontinued N orth D akota—C ontinued S outh Dakota—C ontinued G entry. Monroe. Rolette. S tutsm an. M iner. Stanley. G rundy. Montgomery. Sargent. Towner. Perkins. Sully. Harrison. New Madrid. Sheridan. T raill. Potter. Tripp. Henry. Nodaway. Sioux. W alsh. Roberts. W alworth. Holt. Pemiscot. Slope. Ward. Spink. Howard. Pettis. Stark. Wells. T ennessee Jackson. Pike. Steele. W illiams. Jasper. P latte. Dyer. Obion. Johnson. Balls. Ohio Lake. Robertson. Knox. R andolph. Allen. Lucas. Lauderdale. Lafayette. Ray. Ashland. Madison. T exas Lawrence. St. Charles. Auglaize. M arion. Baylor. Hansford. Lewis. Saline. Butler. Medina. Carson. Hartley. Lincoln. Scotland. Cham paign. Mercer. Castro. Hutchinson. Linn. Scott. Clark. Miami. Collin. Jones. Livingston. Shelby. Clinton. Montgomery. Cooke. Knox. Macon. Stoddard. Crawford. Morrow. Dallam. Lipscomb. M arion. Sullivan. Darke. O ttaw a. Deaf Smith. Moore. Mississippi. Vernon. Defiance. Paulding. D enton. Ochiltree. Montana Delaware. Pickaway. Fannin. Oldham. Erie. Preble. Floyd. Parm er. Blaine. Petroleum . Fairfield. P utnam . Foard. R andall. Big Horn. Phillips. Fayette. R ichland. Gray. Sherman. Carbon. Pondera. Franklin. Sandusky. Grayson. Swisher. Cascade. Prairie. Fulton. Seneca. Hale. Wilbarger. C houteau. R ichland. Greene. Shelby. Custer. Roosevelt. Hancock. Stark. Utah Daniels. Rosebud. H ardin. Tuscarawas. Box Elder. S alt Lake. Dawson. Sheridan. Henry. Union. Fallon. Stillwater. Cache. U tah. Highland. Van W ert. Davis. Weber. Fergus. Teton. H uron. Wayne. Glacier. Toole. Knox. W illiams. Washington Golden Valley. Treasure. Licking. Wood. Adams. K lickitat. Hill. Valley. Logan. W yandot. Judith Basin. W heatland. Asotin. Lincoln. Liberty. Wibaux. Oklahoma Benton. Okanogan. Columbia. Spokane. McCone. Yellowstone. Alfalfa. Jackson. Musselshell. Douglas. W alla W alla. Beaver. Kay. Franklin. Whitman. N ebraska Beckham. Kingfisher. Garfield. Yakima. Adams. K eith. Blaine. Kiowa. G rant. B anner. Kim ball. Caddo. Logan. Wyoming Box B utte. , Lancaster. Canadian. Major. B utler. Lincoln. Comanche. Mayes. Goshen. Platte. Cass. Merrick. Cotton. Noble. Laramie. Chase. Morrill. Craig. Nowata. (Secs. 506, 516, 52 S tat. 73, as am ended, 77, Cheyenne. Nance. C u ster Osage. as amended; 7 U.S.C. 1506, 1516) Clay. Nem aha. Delaware. Ottawa. Dawes. Nuckolls. Dewey. Pawnee. [SEAL] J o h n N . L u f t , Deuel. Otoe. Ellis. Payne. Manager, Federal Dodge. Pawnee. Garfield. Texas. Crop Insurance Corporation. Fillm ore. Perkins. Grady. Tillm an. F ranklin. Phelps. G rant. Washington. [F.R. Doc. 69-345; Filed, Jan. 9, 1969; Frontier. Polk. Greer. W ashita. 8:49 a.m.] F urnas. Red Willow. Harm on. Woods. Gage. Richardson. Harper. Woodward. G arden. Saline. Chapter VIII— Agricultural Stabiliza- Gosper. Saunders. tion and Conservation Service Hall. Scotts Bluff. Baker. Sherm an. H am ilton. Seward. Gilliam. U m atilla. (Sugar), Department of Agriculture H arlan. Sheridan. Jefferson. Union. SUBCHAPTER B— SUGAR REQUIREMENTS AND Thayer. Hayes. K lam ath. Wallowa. QUOTAS Hitchcock. Washington. Linn. Wasco. Jefferson. W ebster. M alheur. Wheeler. [Sugar Reg. 817, Arndt. 2] Johnson. York. Morrow. Kearney. PART 817— REQUIREMENTS RELAT- New Mexico P ennsylvania ING TO BRINGING OR IMPORTING Curry. Adams. Lancaster. SUGAR OR LIQUID SUGAR INTO North Dakota Chester. Lebanon. CONTINENTAL UNITED STATES Adams. H ettinger. Cumberland. Perry. Barnes. Kidder. D auphin. York. Miscellaneous Amendments Benson. La Moure. Franklin. A Bottineau. Logan. Basis and purpose and bases and con- Bowman. McHenry. sidérations. This amendment is issued Burke. M cIntosh. Aurora. Faulk. pursuant to authority vested in the Sec- Burleigh. McKenzie. Beadle. 0rsiirt« retary of Agriculture by the Sugar Act of Cass. McLean. B ennett. Cavalier. Mercer. Bon Homme. Ham lin. 1948, as amended (61 Stat. 922, as Dickey. M orton. Brown. Hand. amended), hereinafter referred to as the Divide. M ountrail. Campbell. Hughes. “Act”, and correlates the provisions of D unn. Nelson. Clark. .Hutchinson. Eddy. Oliver. Codington. Hyde. the regulations with the authority given Emmons. Pem bina. Corson. Jones. the President under the Act and any Foster. Pierce. Day. K ingsbury. other provision of law to suspend the Golden Valley. Ramsey. Deuel. Lyman. Grand Forks. Ransom . Dewey. sugar quota for a foreign country, or G rant. Renville. Douglas. M arshall. prohibit the importation of sugar from a Griggs. R ichland. Edm unds. M ellette. foreign country.

FEDERAL REGISTER, VOL. 34, NO. 7— FRIDAY, JANUARY 10, 1969 RULES AND REGULATIONS 379

Sections 202(d) (1) CB) and 408 of the 2. Section 817.7 is amended by amend­ produced from sugar beets or sugarcane Act set forth certain conditions under ing subparagraph (1) of paragraph (c) grown in the producing area as identified which the President is authorized to to read as follows: on the application. withhold or suspend the sugar quota for § 817.7 Applicable qnota, quota prora- ***** a foreign country. The purpose of this tion, allocation, quantity, and allot­ (Sec. 403; 61 S tat. 932; 7 U.S.C., 1153; secs. amendment is to make clear in the reg­ m ent. 202, 408; 61 Stat. 924, as amended, 933, as ulation that an approval of importation * * * * * am ended; 7U.S.C., 1112, 1158) of sugar would be ineffective in the event such importation is precluded by the (c) Quantity and time of effect. (1) Effective date. The amendments made President acting under the provisions of Each quantity authorized for release pur­ hereby do not impose any new require­ the Act or any other provision of law. suant to §817.6 shall be effective for ments upon the public but are for the By virtue of the authority vested in filling the applicable quota as established purpose of providing in the regulation the Secretary of Agriculture by the Act, in Part 811 of this subchapter at the that importations under the regulation Part 817 of this chapter (32 F.R. 14363, time the applicable authorization is is­ are subject to certain import limitations 33 F.R. 3423) is hereby amended by sued, except that in the event the Presi­ that may be imposed pursuant to law. amending §§ 817.4, 817.7, and 817.8 as dent acting under the provisions of the Accordingly, it is hereby determined and follows: Act or any other provision of law pro­ found that compliance with the notice, 1. Section 817.4 is amended by amend­hibits the importation of sugar covered procedure and effective date require­ ing subparagraph (1) of paragraph (e) by any authorization, such authorization ments of 5 U.S.C. 553 is unnecessary, im­ to read as follows: shall be ineffective for filling the ap­ practicable and contrary to the public plicable quota. Each quantity covered interest and this amendment shall be § 817.4 Applications by importer. by an application for set-aside approved effective when published in thè F ederal ***** pursuant to § 817.4(e) shall be effective R egister. (e) (1) With respect to importations of for filling the applicable quota as es­ Signed at Washington, D.C., on Jan­ sugar from foreign countries, application tablished in Part 811 of this subchapter uary 9,1969. for set-aside of quota or quota proration at the time the application for set-aside Orville L. F reeman, for the importation of a specified quan­ is approved, except that such approval Secretary. tity of sugar may be made to the Sugar shall not be effective in the event that Quota Group and approved, as provided before such quantity is imported and re­ [F.R. Doc. 69-409; Filed, Ja n . 9, 1969; in this subparagraph (1). Such applica­ leased, the President acting pursuant to 10:32 a.m.j tion for set-aside shall be in the form the provisions of the ACt or the provi­ of a Set-Aside Application and Agree­ sions of any other law prohibits the ment Form SU-8-A as hereafter set Chapter IX— Consumer and Market­ importation of such sugar. Each quantity ing Service (Marketing Agreements forth. The submission of a set-aside ap­ of sugar produced from sugarcane grown plication does not relieve the applicant in Hawaii coming to the port of San and Orders; Fruits, Vegetables, of the necessity of submitting an appli­ Francisco and released by the Collector Nuts), Department of Agriculture cation for authorization for release of without authorization by the Secretary PART 905— ORANGES, GRAPEFRUIT, sugar as required under paragraph (a) to the Collector as provided in § 817.5 of this section. Any application for set- shall be effective for filling the Hawaiian TANGERINES, AND TAN GELO S aside of quota or quota proration sub­ quota at the time the authorization is GROWN IN FLORIDA mitted pursuant to this subparagraph issued to the importer. For the purposes Expenses and Rate of Assessment (1) covering a quantity or sugar to be of this paragraph the raw value of the imported within a quota or quota pro­ authorized quantity shall be estimated On December 14, 1968, notice of rule ration established in Part 811 of this by considering the relationship between making was published in the F ederal chapter for a specified foreign country, other authorized quantities for recent R egister (33 F.R. 18582) regarding pro­ or a quantity of sugar to be imported shipments from the same producing area posed expenses and the_ related rate of within a quota deficit quantity estab­ and the raw values thereof determined as assessment for the period August 1, 1968, lished for allocation or allocated in Part provided in title I of the Act on the basis through July 31, 1969, pursuant to the 811 of this chapter may be approved by of weights and tests determined pursuant marketing agreement, as amended, and the Secretary, except as limited by any to Part 810 of this subchapter and such Order No. 905, as amended (7 CFR Part time periods specified in Part 811 of this other factors as the Secretary deems 905), regulating the handling of oranges, chapter, not more than 75 days prior to grapefruit, tangerines, and tangelos the first day of the 3-month importation applicable. ♦ * * * * grown in Florida. This regulatory pro­ period stated in the Set-Aside Applica­ gram is effective under the Agricultural tion and Agreement. During the period 3. Section 817.8 is amended by amend­ Marketing Agreement Act of 1937, as from the date of approval of a set-aside ing paragraph (a) to read as follows: amended (7 U.S.C. 601-674). After con­ application through the 15th day after § 817.8 Authorization for purposes other sideration of all relevant matters pre­ the end of the importation period stated than to fill current quotas. sented, including the proposals set forth therein, both dates inclusive, and sub­ in such notice which were submitted by ject to the terms and conditions of such (a) Upon fulfillment of the require­the Growers Administrative Committee application and agreement, the quota ments of §§ 817.3 and 817.4 and the ap­ (established pursuant to said amended and quota proration designated in the plicable provisions of this section and marketing agreement and order), it is application shall be set aside to the ex­ § 817.0, the authorization required pur­ hereby found and determined that: tent of the quantity of sugar approved suant to § 817.5 may be given to the Col­ for set-aside under such application and lector to release sugar for importation for § 905.207 Expenses and rale of assess­ agreement. A sugar quota set-aside the purposes specified in this section m ent. agreement shall not be effective to re­ without effect on a quota at the time of (a) Expenses: Expenses that are rea­ serve a quqta in the event the President importation, except that sugar may not sonable and likely to be incurred by the acting under the provisions of the Act be imported pursuant to this section from Growers Administrative Committee dur­ or any other provision of law withholds any country with which the United ing the period August 1, 1968, through or suspends the quota applicable to the States is not in diplomatic relations or July 31, 1969, will amount to $180,000. sugar covered by the set-aside agreement from any country with respect to which (b) Rate of assessment: The rate of or prohibits the importation and release the President acting under the provisions assessment for said period, payable by of the Act or any other provision of law each handler in accordance with § 905.41, of such sugar, since the agreement is is fixed at $0.006 per standard packed based on there being a quota in effect prohibits the importation and release of box of fruit. at the time of importation and that such sugar. Accordingly, the application (e) Terms used in the amended mar­ importation is not prohibited. required by § 817.4 must show that the keting agreement and order shall, when sugar covered by such application was used herein, have the same meaning as

FEDERAL REGISTER, VOL. 34, NO. 7— FRIDAY, JANUARY 10, 1969 380 RULES AND REGULATIONS is given to the respective term in said tion (7 CFR 918.100-918.131) are hereby hereinafter set forth; (4) the amend­ amended marketing agreement and amended to read respectively, as follows: ment does not require any special prep­ order. § 918.110 Change in representation by aration for compliance therewith which It is hereby further found that good districts on the Industry Committee. cannot be completed by the effective time cause exists for not postponing the ef­ thereof; and (5) no useful purpose will The representation or membership on be served to postpone the effective date fective date hereof until 30 days after the Industry Committee is changed to beyond that hereinafter specified. publication in the F ederal R egister (5 provide for: U.S.C. 553) in that (1) shipments of (a) Two (2) members to represent the (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. fruit are now being made, (2) the rele­ South Georgia District; 601-874) vant provisions of said amended market­ (b) Four (4) members to represent the Dated, January 7, 1969, to become ing agreement and this part require that Central Georgia District; and effective upon publication in the F ederal the rate of assessment fixed for a partic­ (c) Two (2) members to represent the R egister. ular fiscal period shall be applicable to North Georgia District. Paul A. Nicholson, all assessable fruit handled from the be­ Deputy Director, Fruit and Vege­ ginning of such period, and (3) the cur­ §918.111 Redefinition of districts. table Division, Consumer and rent fiscal period began on August 1, The districts into which the area is Marketing Service. 1968, and said rate of assessment will divided are redefined as follows: [F.R. Doc. 69-343; Filed, Jan. 9, 1969; automatically apply to all assessable (a) “South Georgia District” shall in­ 8:49 ajm.] fruit beginning with such date. clude the counties of Quitman, Coffee, (Secs. 1-19, 48 S tat. 31, as am ended; 7 U.S.C. Miller, Jeff Davis, Baker, Toombs, Ter­ 601-674) rell, Ware, Mitchell, Pierce, Worth, Dated: January 7,1969. Evans, Brooks, Liberty, Turner, Glynn, Title 16— COMMERCIAL Irwin, Echols, Atkinson, Early, Wheeler, P aul A. Nicholson, Decatur, Montgomery, Randolph, Bacon, PRACTICES Deputy Director, Fruit and Dougherty, Wayne, Crisp, Charlton, Vegetable Division, Consumer Thomas, Bryan, Tift, McIntosh, Ben Hill, Chapter I— Federal Trade Commission and Marketing Service. Berrien, Lanier, Clay, Telfair, Seminole, SUBCHAPTER C— REGULATIONS UNDER SPECIFIC [F.R. Doc. 69-309; Filed. Jan. 9, 1969; Clinch, Calhoun, Appling, Lee, Tattnall, ACTS OF CONGRESS 8:46 a.m.] Grady, Brantley, Colquitt, Long, Cook, Chatham, Wilcox, Camden, Lowndes, PART 301— RULES AND REGULATIONS PART 918— FRESH PEACHES GROWN Stewart, Pulaski, Webster, Dodge, Sum­ UNDER FUR PRODUCTS LABELING IN GEORGIA ter and Dooly; ACT (b) “Central Georgia District” shall Subpart— Industry Committee include the counties of Muscogee, Bleck­ Furs and Fur Products; Artificially Col­ Regulations ley, Marion, Laurens, Schley, Johnson, ored Products; Exempted Products; Macon, Candler, Houston, Glascock, Bul­ Records; Announcement of Test District R epresentation lock, Twiggs, Wilkinson, Taylor, Wash­ Method Notice was published in the F ederal ington, Crawford, Emanuel, Peach, R egister issue of December 13, 1968 (33 Jefferson, Burke, Effingham, Chatta­ In the matter of amending Rules 19, F.R. 18945), that the Department was hoochee, Treutlen, Bibb, Jenkins, and 39, and 40 of the regulations under the giving consideration to a proposal to Screven; and Fur Products Labeling Act; 204-13-1. On December 4, 1967, the Commission amend §§ 918.110 and 918.111 of Sub­ (c) “North Georgia District” shall in­ part—Industry Committee Regulations issued a notice of proposed rule making (7 CFR 918.100-918.131), currently in clude the counties of Harris, Talbot, under the Fur Products Labeling Act. Upson, Monroe, Jones, Baldwin, Han­ Such notice was published in the F ederal effect pursuant to the applicable pro­ cock, Warren, McDuffie, Polk, Troup, visions of the Marketing agreement, as R egister on December 7, 1967, and pro­ Gwinnett, Lamar, Jackson, Fayette, vided that the Federal Trade Commission amended, and Order No. 918, as amended Forsyth, Jasper, Franklin, Douglas, Gor­ (7 CFR Part 918) regulating the han­ would on January 11, 1968, hold public don, Henry, Dade, Greene, Whitfield, Lin­ hearings and give consideration to pro­ dling of fresh peaches grown in Georgia. coln, Haralson, Paulding, Cobb, De Kalb, The amended marketing agreement and posed amendments to the rules and regu­ order are effective under the applicable Rockdale, Walton, Oconee, Oglethorpe, lations under the Fur Products Labeling provisions of the Agricultural Marketing Floyd, Richmond, Cherokee, Pike, Clarke, Act to specify when certain furs and fur Agreement Act of 1937, as amended (7 Coweta, Elbert, Butts, Banks, Carroll, products would be considered artificially U.S.C. 601-674). The proposal was sub­ Chattooga, Clayton, Dawson, Morgan, colored and to provide a means of better mitted by the Industry Committee, Catoosa, Wilkes, Gilmer, Fannin, Lump­ informing manufacturers and dealers as established pursuant to the amended kin, Union, White, Towns, Habersham, to the nature and extent of the artificial marketing agreement and order as the Stephens, Rabun, Columbia, Bartow, coloration. The notice also provided that Meriwether, Barrow, Heard, Madison, consideration would be given to increas­ agency to administer the provisions Spalding, Hall, Putnam, Hart, Fulton, thereof. ing the monetary valuation as to fur The notice afforded opportunity for Pickens, Newton, Walker, Taliaferro, and products exempted from the require­ the submission of written data, views, or Murray. ments of the J ^ r Products Labeling Act arguments in connection with said pro­ It is hereby found that good cause under certain specified conditions. Pro­ posal; and none were submitted within exists for making this amendment effec­ vision was made for the submission of the prescribed time therefor. tive upon publication in the F ederal written views, arguments and data until After consideration of all relevant R egister and for not postponing the the date of the hearing and for twenty matter presented, including that in the effective date until 30 days thereafter (20) days thereafter. On request of cer­ notice, the information and recommen­ (5 U.S.C. 553) in that: (1) The nomina­ tain interested parties the time for sub­ dations of the committee, and other tion meetings to elect nominees for the mission of further views, arguments and available information, it is hereby found term of office beginning March 1, 1969, data was extended to March 11, 1968, by that the amendement hereinafter set must be held prior to January 31, 1969, notice dated January 26, 1968 and pub­ forth in accordance with said amended after adequate notice to all growers in lished in the F ederal R egister on Jan­ marketing agreement and order will the respective districts as specified in uary 31,1968. tend to effectuate the declared policy this part; (2) such nominees should be After consideration of all views, argu­ of the act and tend to contribute to more elected on the basis of the representation ments and data submitted in accordance effective operations under said marketing and districts specified herein; (3) to pro­ with such notice the Commission deter­ agreement and order. vide time for the committee to plan such mined to make certain modifications and Therefore, §§ 918.110 and 918.111 of meetings and give such notice, this additions to the proposals originally pub­ Subpart—Industry Committee Regula- amendment should be made effective as lished and to allow further time for the

FEDERAL REGISTER, VOL. 34, NO. 7— FRIDAY, JANUARY 10, 1969 RULES AND REGULATIONS 381 written presentation of views, arguments scribed in labeling, invoicing and adver­ processes fur pelts which are always na­ and data. Accordingly, the Commission tising as “color altered” or “color tural at the time of sale to the ultimate on November 27, 1968 issued a revised added”. consumer, which pelts for a valid reason notice of proposed rule making contain­ (1) (1) Any person dressing, process­ cannot be marked or stamped as provided ing proposed amendments to §§301.19 ing or treating a fur pelt in such a man­ in this section, may file an affidavit with (Rule 19), 301.39 (Rule 39) and'301.40 ner that it is required under paragraph the Federal Trade Commission’s Bureau (Rule 40) of Title 16, Part 301, Rules and (e) or (h) of this section to be described of Textiles and Furs setting forth such Regulations under Pur Products Label­ as “color altered” or “color added” shall facts as will show that the pelts are al­ ing Act. Such notice was published in place a black stripe at least one half ways dyed or natural as the case may the F ederal R egister on November 28, inch in width across the leather side of be and that the stamping of such pelts 1968. the skin immediately above the rump or cannot be reasonably accomplished. If The matter to be considered under the place a stamp with a solid black center the Bureau of Textiles and Furs is satis­ November 27, 1968 notice related to ar­ in the form of either a two inch square fied that the public interest will be pro­ tificially colored and exempted products or a circle at least two inches in diameter tected by the filing of the affidavit it may as specified above and in the original on the leather side of the pelt and shall accept such affidavit and advise the af­ notice, together with modifications and use black ink for all other stamps or fiant that marking of the fur pelts them­ additional proposals relating to record markings on the leather side of the pelt- selves as provided in this section will be keeping necessary and proper for the (2) Any person dressing, processing or unnecessary until further notice. Any administration of the proposed regula­ treating a fur pelt which after process­ person filing such an affidavit shall tions relating to artificial coloration ing is considered natural under para­ promptly notify the Commission of any of furs and fur products. Written views, graph (g) of this section shall place a change in circumstances with respect to arguments or other pertinent data were white stripe at least one-half inch in its operations. received for 30 days after publication width across the leather side of the skin (1) Any person subject to this section of the notice in the F ederal R egister. immediately above the rump or place who incorrectly marks or fails to mark After consideration of all views, argu­ a stamp with a solid white center in the fur pelts as provided in paragraphs (i) ments and other data submitted pursu­ form of either a 2-inch square or a and (j) of this section shall be deemed ant to the December 4, 1967 and No­ circle at least 2 inches in diameter on to have misbranded such products under vember 27, 1968 notices of proposed rule the leather side of the pelt and shall use section 4(1) of the Act. Any person sub­ making and of all pertinent information white ink for all other stamps or mark­ ject to this section who furnishes a false available to the Commission, the Com­ ings on the leather side of the pelt. or misleading affidavit under paragraph mission has determined to amend (3) Any person dressing, processing (k) of this section or fails to give the §§ 301.19 (Rule 19), 301.39 (Rule 39), and or treating a fur pelt in such a manner notice required by paragraph (k) of this 301.40 (Rule 40) of Title 16, Part 301, that it is considered dyed under para­ section shall be deemed to have neglected Rules and Regulations under Fur Prod­ graph (d) of this section shall place a and refused to maintain the records re­ ucts Labeling Act so as (1) to specify yellow stripe at least one-half inch in quired by section 8(d) of the Act. when certain furs and fur products will width across the leather side immedi­ be considered artificially colored, (2) to ately above the rump or place a stamp § 301.39 [Amended] provide a means of informing manufac­ with a solid yellow center in the form 2. Section 301.39 (Rule 39) is amended turers, dealers, the consuming public and of either^ 2-inch square or a circle at by substituting the monetary amount others as to the nature and extent of the least 2 inches in diameter on the leather “twenty dollars ($20)” for the monetary artificial coloration through marking of side of the pelt and shall use yellow ink amount “seven dollars ($7)” wherever pelts, record keeping and other provi­ for all other stamps or markings on the that term appears in such section. Sec­ sions set out in the amendment and leather side of the pelt. tion 301.39 (Rule 39) is further amended to provide for more effective administra­ (4) Where, after assembling, fur gar­ by modifying the first sentence of para­ tion of such regulations, and (3) to clar­ ment shells, mats, plates or other assem­ graph (a) of § 301.39 (Rule 39) to read ify the regulation relating to exempted bled furs are processed or treated in such as follows: products and increase the monetary val­ a manner as to fall within the stamping uation of fur products exempted from or marking provisions of this paragraph, (a). Where the cost of any fur trim or the Fur Products Labeling Act under cer­ such assembled furs, in lieu of the stamp­ other manufactured fur or furs, contained tain specified conditions. ing or marking of each individual pelt in a fur product, exclusive of any costs The amendments are as follows : or piece, may be stamped on the leather incident to its incorporation therein, does 1. Section 301.19 (Rule 19) of the rulesside with a stamp of appropriate color not exceed twenty dollars ($20) to the and regulations under the Fur Products with a solid colored center in the form of manufacturer of the finished fur prod­ Labeling Act is amended by revising the either a 2-inch square or a circle 2 uct, or where a manufacturer’s selling caption and adding five new paragraphs. inches in diameter in such a manner price of a fur product does not exceed The amended caption and additional that the stamp will remain on the fin­ twenty dollars ($20) and the provisions paragraphs (h), (i), (j), (k) and (1) of ished fur product until it reaches the of paragraphs (b) and (c) of this section § 301.19 (Rule 19) read: ultimate consumer. All stamps or mark­ are met, the fur products shall be ex­ § 301.19 Pointing, dyeing, bleaching or ings shall be of appropriate color as pro­ empted from the requirements of the otherwise artificially coloring. vided in this paragraph. Act and regulations; provided, however, that if the fur product is made of or * * * * * (j ) Any person who shall process a fur pelt in such a manner that after such contains any used fur, or if the fur prod­ (h) (1) Where any fur or fur product uct itself is or purports to be the whole is dressed, processed or treated with a processing it is no longer considered as natural shall clearly, conspicuously and skin of an animal with the head, ears, solution or compound containing any paws and tail, such as a choker or scarf, metal and such compound or solution legibly stamp on the leather side of the pelt and on required invoices relating the fur product is to be labeled, invoiced effects any change or improvement in and advertised in accordance with the the color of the hair, fleece or fur fiber, thereto a lot number or other identify­ ing number which relates to such records requirements of the Act and regulations such fur or fur product shall be de­ regardless of cost of the fur used in the scribed in labeling, invoicing and adver­ of the processor as will show the source tising as “color altered” or “color added”. and disposition of the pelts and the de­ fur product or manufacturer’s selling (2) When any fur or fur product istails of the processing performed. Such price. * * * dressed, processed or treated with a solu­ person shall also stamp his name or 3. Section 301.41 (Rule 41) is amended tion or compound containing iron or registered identification number on the by revising paragraph (a), by revising copper and after processing any of the leather side of the pelt. hair, fleece or fur fiber contains more (k) Any person who processes fur pelts that part of paragraph (b) appearing than 300 parts per million of iron or of a type which are always considered as before the colon, by revising subpara­ more than 75 parts per million of cooper, dyed under paragraph (d) of this sec­ graph (11) in paragraph (b), and by such fur or fur product shall be de­ tion after processing or any person who adding subparagraph (12) to paragraph

FEDERAL REGISTER, V O L 34, NO. 7— FRIDAY, JANUARY 10, 1969 382 RULES AND REGULATIONS (b), so that those parts of § 301.41 (Rule nate to the additional nitric acid treatment 41) read: would be to add 2 ml. of perchloric acid and. 8 ml. of nitric acid, cover the beaker with a Title 17— COMMODITY AND § 301.41 Maintenance of records. watch glass and allow the solution to become clear to light green before removal of the SECORITIES EXCHANGES (a) Pursuant to section 3(e) and sec­ watch glass and evaporation just to dryness. tion 8(d)(1), of the Act, each manu­ Chapter II— Securities and Exchange facturer or dealer in fur products or furs Effective date. The aforesaid amend­ Commission (including dressers, dyers, bleachers and ments shall become effective upon pub­ processors), irrespective of whether any lication in the F ederal R egister. [Release No. 33-4940] guaranty has been given or received, The amendments to § 301.39 (Rule 39) PART 231 — INTERPRETATIVE RE­ shall maintain records showing all of grant exemption and relieve restriction LEASES RELATING TO THE SECURI­ the required information relative to such and may properly become effective fur products or furs in such manner as immediately. TIES ACT OF 1933 AND GENERAL will readily identify each fur or fur prod­ In connection with the proposed RULES AND REGULATIONS THERE­ uct manufactured or handled. amendments to §§ 301.19 (Rule 19).and UNDER (b) The records to be maintained un­ 301.40 (Rule 40), the Commission hereby References to Certain Financial Serv­ der this section shall include copies of finds that there is good cause for such all purchase orders, sales contracts, amendments to become effective imme­ ices in “Tombstone” Advertisements processing and pick-up orders, invoices, diately. It is found that fur auctions, The Securities and Exchange Com­ business correspondence, manufacturing where substantial numbers of fur pelts mission today made public a letter of records, advertising matter, and all other subject to the provisions of amended the Chief Counsel of its Division of Cor­ data showing: §§ 301.19 and 301.40 will be transferred, porate Regulation dealing with a Com­ * * * * * will occur in New York, N.Y., in January mission interpretation of section 2(10) 1969. (11) The sale or other disposition of of the Securities Act of 1933 and Rule each fur handled and fur product man­ In order that manufacturers, proces­ 134 thereunder regarding the scope of ufactured or handled. sors, dealers, and the purchasing public the section and the rule as they relate to (12) That the requirements of § 301.19 may be properly informed as to whether shares of investment companies. The let­ (Rule 19) have been complied with. fur pelts transferred at such auctions ter sets forth the limited circumstances and products manufactured from such under which references to other finan­ In connection with the aforesaid ac­ pelts are to be classified as artificially cial services such as banking and insur­ tion, the Commission announces that the colored, it is in the public interest for ance in investment company “tomb­ following method may be used for detec­ such amendments to be in effect reason­ stone” advertisements would not be tion of parts per million of iron and ably contemporaneous with the time of inconsistent with section 2(10) (b) and copper in hairs from fur pelts including the aforementioned auctions and that Rule 134. hairs from mink pelts. the pelts be properly classified at the The text of the letter follows : Procedure for detection of parts per mil­ beginning of the manufacturing and You have inquired as to the Commission’s lion of iron and copper in hairs from fur marketing processes. current position on the scope of section 2(10) pelts including mink hairs The action in this proceeding is taken ©f th e Securities Act of 1933 and Rule 134 A recommended method for preparation pursuant to the authority given to the thereunder as they relate to shares of in­ of samples would be: Federal Trade Commission under para­ vestment companies. Carefully pluck hair samples from 10 to As you know, section 2(10) (b) of the Se­ 15 different representative sites on the pelt graph (b) of section 8 of the Fur Prod­ curities Act and the rule exclude certain or garment. This can best be accomplished ucts Labeling Act (65 Stat. 179; 15 U.S.C. communications from the definition of the by using a long nose stainless steel pliers 69f) which provides: term “prospectus” in the first clause of sec­ with a tip diameter of one-sixteenth inch. (b) The Commission is authorized and di­ tion 2(10) of the Act if certain conditions The pliers should be inserted at the same rected to prescribe rules and regulations gov­ are met. The Commission has recently con­ angle as the guard hairs with the tip opened erning the manner and form of disclosing sidered this matter and determined that to one-quarter inch. After contact with the information required by this Act, and such references to other financial services such hide, the tip should be raised about one- further rules and regulations as may be nec­ as banking and insurance in investment quarter inch, closed tightly and pulled essary and proper for purposes of admin­ company tombstone advertisements would quickly and firmly to remove the hair. istration and enforcement of this Act. n o t be inconsistent w ith Rule 134, in th e ab­ Place an accurately weighed sample of ap­ sence of usage or circumstances which tend proximately 0.1000 grams of mink hair into This action relative to exempted fur to transform such advertisements into selling a beaker with 20 ml. concentrated nitric products is also taken pursuant tor the media for the investment company or the acid. Evaporate just to dryness on a hot other financial services. plate. further authority given the Federal I would like to make clear that the inter­ If there is any organic matter still present, Trade Commission under section 2(d) of pretation relates only to tombstone adver­ add 10 ml. of concentrated nitric acid (see the Fur Products Labeling Act (65 Stat. tisements by or on behalf of investment footnote) and again evaporate just to dry­ companies. Advertisements or other notices ness on a hot plate. This step should be 175; 15 U.S.C. 69) which provides: published by banks, insurance companies repeated until the nitric acid solution be­ (d) The term “fur product” means any or others offering other services should of comes clear to light green. Add 10 ml. of article of wearing apparel made in whole or course also comply with section 2(10) (b) 1 percent hydrochloric acid to the dried resi­ in part of fur or vised fur; except that such and the rule to the extent that references due in the beaker. Warm on a hot plate to term shall not include such articles as the are made to the shares of investment Insure complete solution of the residue. Commission shall exempt by reason of the Companies. A recommended analytical procedure relatively small quantity or value of the fur would be atomic absorption spectrophotom­ or used fur contained there. The view of the Commission is based etry. In testing for iron, the atomic ab­ upon the assumption that references in sorption instrument must have the capabil­ Issued: January 7,1969. investment company tombstone notices ity of a 2 angstrom band pass at the 2483 By the Commission.1 otherwise complying with section A line. 2(10) (b) and the rule would be limited When analyzing for iron, the air-acetylene [seal] J oseph W. Shea, to simple identification statements; for flame should be as lean as possible. Secretary. example, the statement that insurance A reagent blank should be carried through [F.R. Doc. 69-326; Filed, Jan . 9, 1969; from a specified insurance company is the entire procedure as outlined above and 8:47 a.m.] the final results corrected for the amounts of available in connection with purchase iron and copper found in the reagent blank. of fund shares. Statements which go be­ F ootnote: If facilities are available for 1 Commissioners Elman and Jones not yond this and, for example, attempt to handling perchloric acid, a preferred alter- concurring. list or discuss the advantages of insur-

FEDERAL REGISTER, V O L 34, NO. 7—FRIDAY, JANUARY 10, 1969 RULES AND REGULATIONS 383 ance or of a particular insurance ar­ be sold shall be a price based on the net asset time of notification and the time at which value next computed after the order to such orders are priced as a result of such rangement would in all probability not purchase the security is received. The rule notification varies somewhat from company come within this interpretation of sec­ contemplates that the time of receipt of the to company. Generally speaking, notification tion 2(10) (b) and Rule 134. order by the retail dealer is controlling. It is usually made within two business days By the Commission. is the responsibility of the retail dealer to after receipt by the bank of a customer’s in­ establish procedures which would assure that structions and pricing is done as of the [SEAL] ORVAL L. D u BOIS, upon his receipt of a customer’s order it close of business of the day on which such Secretary. will be transmitted so that it will be received instructions are received by the bank or as by the underwriter before the time when the of the close of the following day. Assuming D ecember 23, 1968. price applicable to the customer’s order ex­ that in no event would the pricing be done [F.R. Doc. 69-301; Filed, Jan. 9, 1969; pires, except that where the price is based as of a time prior to the actual receipt of 8:45 a.m.] on the net asset value at the close of the the instructions by the custodian bank; that Exchange (e.g., 3:30) it should be transmit­ these transactions form part of a systematic ted before the close of the underwriter’s investment program; and are entered by mail [Release IC-5569] business day. by customers or in the case of withdrawal When the dealer transmits the order to the accounts are automatic and involve no in­ PART 271— INTERPRETATIVE RE­ underwriter the dealer should inform the vestment decision, is there any objection LEASES RELATING TO THE INVEST­ underwriter of the exact time the dealer under the provisions of Rule 22c-l if cus­ received the order. However, if the dealer’s todian banks and fund underwriters con­ MENT COMPANY ACT OF 1940 first transmission of the order is by telephone tinue to follow the pricing practices described AND GENERAL RULES AND REGU­ or teletype, it will ordinarily be sufficient if herein? LATIONS THEREUNDER at that time he represents that the order Under the circumstances set forth in the was received by him at a time entitling the question dealing with the time of pricing Staff Interpretive Positions Relating customer to the price applicable at a speci­ shares with respect to instructions received fied time: Provided, That when he later by custodian banks for purchases of shares to Rule 22c—1 confirms the order in writing he furnishes under systematic plans and liquidation of The Securities and Exchange Com­ to the underwriter detailed information as shares in withdrawal programs, there would mission today called attention to inter­ to the specific time when the order was re­ be no objection if the price is determined ceived. The underwriter would be required on the basis of the closing price of the day pretive positions its Division of Corpo­ to time-stamp the order as of the time of that the bank receives the customer’s in­ rate Regulation has taken /elating to its initial receipt by him from the dealer structions. In order to assure proper pricing, Rule 22c-l which was adopted on Octo­ (whether by telephone, telegraph or any the bank should date-stamp each customer’s ber 16, 1968 (Investment Company Act other means), and the underwriter should instruction on receipt. Release No. 5519) and becomes effective retain in his records the dealer’s written 4. (a) What is the preferred procedure to at the commencement of business on confirmation showing the dealer’s statement be followed in conforming the present lan­ January 13-, 1969. of the time the dealer received the order guage in prospectuses to the requirements of The staff interpretive positions sum­ from his custom er. Rule 22c-l with respect to the pricing The ¿following examples are intended to methods of investment companies? marized in this release were taken in illustrate how the pricing provisions apply: It would be preferable, if the only change response to inquiries directed to the The fund prices at 1 p.m. and 3:30 p.m. in a prospectus is to conform present pricing staff. While the views expressed by the (a) A dealer receives a customer’s order language to the requirements of Rule 22c-l, staff as set forth in this release are before 1 p.m. The 1 p.m. price would be that such a change be accomplished by the those of persons who are continually applicable and the dealer should assure that filing of a supplemental prospectus pursuant working with the provisions of the stat­ the order is received by the underwriter to Rule 424 under the Securities Act and not utes and rules involved and can be relied prior to 3:30 p.m. by posteffective amendment to a registration (b) A dealer receives a customer’s order statement. At least three additional copies upon as representing the views of the after 1 p.m. but before 3:30 p.m. The 3:30 of the supplemental prospectus, clearly division in which they originate, the pub­ p.m. price would be applicable and the marked to show the changes, should be for­ lic is cautioned that the opinions ex­ dealer should assure that the order is re­ warded to the chief of the branch which pressed in this release are not, and do ceived by the underwriter prior to the close has been processing previous filings of the not purport to be an official expression of the underwriter’s business day. registrant. of the Commission’s views. (c) A dealer receives a customer’s order (b) Would the following be acceptable as The text of the questions together with at 4 p.m. The 1 p.m. price on the next busi­ disclosure in the prospectus of pricing pro­ the responses of the Division of Corpo­ ness day would be applicable and the dealer cedures under Rule 22c-l assuming a par­ should assure that the underwriter receives ticular fund would continue to price twice rate Regulation follow: the order prior to 3:30 p.m. on such next day. a day at 1 p.m. and 3:30 pm.1 1. The rule requires that a transaction for(See also th e answer to question 4 ( b ) .) Effective on January 13, 1969, the public a customer in the shares of an investment 2. Rule 22c-l refers to the current net offering price will continue to be computed company must be at the price “which is next asset value of an investment company secu­ twice daily at 1 p.m., and at the close of computed after receipt” of the customer’s rity as being “computed.” Does the word the New York Stock Exchange, normally 3:30 order. The “next computed” price means the “computed” as used in the rule require a p.m., New York City time. The offering prices next price which goes into effect after re­ pricing of each portfolio security or can an so determined will become effective as of ceipt of the order. However, the question has appropriate formula be used in determining 1 p.m. and 3:30 p.m. Orders for shares of the arisen whether it is the time of receipt of n et asset value? fund received by dealers prior to 1 pm . New an order by a dealer or by the fund under­ As used in the rule, the word “computed” York City time and received by the under­ writer which will control the price at which does require a pricing of each portfolio secu­ writer prior to 3:30 p.m. New York City time the order is executed. To put the question rity not less frequently than once daily as will be confirmed at the offering price effec­ in a concrete example, assume that a dealer of the time of the close of trading on the tive 1 p.m. on the same date; orders received receives a customer’s order at 3:15 p.m. and New York Stock Exchange. This requirement by dealers after 1 pm . and prior to 3:30 p.m. it is time-stamped at that time. The order does not foreclose additional computations New York City time and received by the is transmitted "by telephone in the regular using an appropriate formula at times when underwriter prior to ------p.m. [time zone] course of business from the order room of such Exchange is open for trading. It is the [close of the underwriter’s business day] will the dealer to the underwriter of the fund responsibility of those pricing such shares be confirmed at the offering price effective where it is received at 3:45. The fund prices to make certain that the formula is a fair at 3:30 pm . Orders received by dealers sub­ its shares in accordance with Rule 22c-l(b), one and results in a price which is a rea­ sequent to 3:30 p.m. New York City time and at 3:30 p.m. at the close of trading on the sonable reflection of current net asset value. prior to 1 p.m. New York'City time of the New York Stock Exchange. Under these cir­ 3. In connection with a voluntary or con­ next business day and received by under­ cumstances, would the order in question be tractual plan for the accumulation of shares writers prior to 3:30 p.m. of the next business priced as of 3:30 p.m., i.e., the price next of a particular investment company or the day will be confirmed at the offering price computed after receipt of the order by the automatic liquidation of shares pursuant to effective at 1 p.m. on that next day. dealer, or a price as of the first pricing of a withdrawal program, the investor deals the fund on the next business day? If the directly with a custodian bank under proce­ The proposed language would be an time of receipt of the order by the dealer dures which are disclosed in each fund pro­ acceptable method of disclosing pricing is controlling must the underwriter inde­ spectus. The custodian bank collates and pendently verify whether the order is prop­ processes the various payments received on 1 Companies desiring to price once a day or erly entered? a particular day and at the completion of at more frequent intervals than twice a day Rule 22c-l provides that the price at which the processing notifies the fund underwriter should make appropriate adjustments in the redeemable investment company shares shall of purchases and liquidation of shares. The sam ple language.

FEDERAL REGISTER, VOL. 34, NO. 7— FRIDAY, JANUARY 10, 1969 No. 7-----4 384 RULES AND REGULATIONS

procedures pursuant to Rule 22c-l. Of guard the revenues of the United States vided there is filed with the district di­ course, adequate disclosures of repur­ with respect to the transportation of rector of customs concerned: chase and redemption procedures would bonded merchandise. (1) A bond on customs Form 3587 in also have to be made. On June 21,1968, there was published a sum to be determined by the district The Commission expects to release ad­ in the F ederal R egister <33 FR. 9177) director, accompanied by the fee pre­ ditional staff interpretations on the rule a notice of proposed amendments to the scribed by § 24.12 of this chapter; from time to time as the need arises. Customs Regulations to give effect to (ii) In the case of a common carrier, [SEAL] ORVAL L. DuBolS, Public Law 90-240. After consideration a certified extract of its charter showing Secretary. of all information received including that it is authorized to engage in com­ written submissions from interested mon carriage, and a statement that it December 27,1968. parties, changes in the amendments pro­ is operating or intends to operate as a [F.R. Doc. 69-302; Filed, Jan. 9, 1969; posed have been made (1) to permit a common carrier. No such extract or 8:46 a.m.] private carrier to transport to his ware­ statement need be submitted by a rail­ house merchandise purchased from an road, steamship, or airline company gen­ importer as well as merchandise imported erally known to be engaged in common by the private carrier, and (2) to ex­ carriage; Title 19— CUSTOMS DUTIES tend the provisions for transportation of (iii) In the case of a contract carrier, Chapter I-—Bureau of Customs, merchandise to the customs bonded a certificate from the appropriate agency warehouse of a private carrier to include of the United States showing that the Department of the Treasury such transportation from the port of carrier is authorized to operate as a con­ [TJD. 69-20] entry as well as from the port of impor­ tract carrier by that agency, and a state­ tation, Accordingly, the Customs Regu­ ment showing that it is operating or in­ PART 10 —ARTICLES CONDITIONALLY lations are hereby amended as follows: tends to operate as a contract carrier; FREE, SUBJECT TO A REDUCED Paragraph (a), footnote 1 appended to (iv) In the case of a freight forwarder, RATE, ETC. paragraph (a) , and paragraph (c) of a certificate from the appropriate agen­ § 18.1 are amended to read as follows: cy of the United States showing that the international Organizations applicant is authorized to operate as a § 18.1 Carriers; application to bond. By Executive Order No. 11439, signed freight forwarder by that agency, and December 7, 1968, the President having (a) Merchandise to be transporteda statement showing that it is operating found that the Lake Ontario Claims Tri­ from one port to another in the United or intends to operate as a freight bunal has discharged its functions and States in bond, except as provided for in forwarder. adjourned, revoked Executive Order No. paragraph (b) of this section, shall be (2) A private carrier cf merchandise 11372 of September 18,1967, which desig­ delivered to a common carrier, contract may be authorized to receive merchan­ nated the Lake Ontario Claims Tribunal carrier, freight forwarder, or private car­ dise for transportation in bond provided: as a public international organization rier bonded for that purpose, but such Ci) The private carrier is the propri­ entitled to enjoy the privileges* exemp­ merchandise delivered to a common car­ etor of a customs bonded warehouse; tions, and immunities conferred by the rier, contract carrier, or freight for­ (ii) The merchandise to be trans­ International Organizations Immunities warder may be transported with the use ported is the property of the private Act of December 29,1945. of the facilities of other bonded or non- carrier, having been imported by the The list of public international orga­ bonded carriers.1 For the purposes of this carrier or purchased from another nizations currently entitled to free-entry section, the term “common carrier” importer; privileges in § 10.30a(a) of the Customs means a common carrier of merchandise

FEDERAL REGISTER, VOL. 34, NO. 7— ¡FRIDAY, JANUARY 10, 3969 RULES AND REGULATIONS 385 district in which is located the warehouse CFR 404.1 et seq.), are further amended shall be determined on the basis of the to which the merchandise is to be as follows: factors described in § 404.976(b) by an carried : 1. In § 404.906, paragraph (f) is revised authorized official of the appropriate The undersigned hereby requests permis­ to read as follows: component of the Administration, where sion to transport under the provisions of his § 404.906 Administrative actions which the services were concluded by an initial, carrier’s bond, dated ______on file a t are not-initial determinations. reconsidered, or revised determination, the port of ______th e or by the Bureau of Hearings and Appeals merchandise described in the attached in­ Administrative actions which shall not where there is a decision or action by voice from the port o f ______be considered initial determinations a hearing examiner or the Appeals Coun­ to his warehouse located a t ______—. under any provision of the regulations cil of the Social Security Administration, in this Subpart J, but which may receive as the case may be. Every such fee which (Warehouse Proprietor and Carrier) administrative review, include, but are is charged or received must be approved (Date) not limited to, the following: as provided in this section and no fee Invoice and statement verified : * * * * * shall be charged or received which is in (f) The authorization approving or excess of the amount so approved. This (Date) regulating the amount of the fee that rule shall be applicable whether the fee may be charged or received by a repre­ is charged to or received from a party to (District Director.) sentative for services before the Adminis­ the proceeding or someone else. Pursuant (80 S tat. 379, R.S. 251, secs. 551, 624, 46 Stat. tration (see § 404.975(e)). to section 206(a) of the Act, in the case of 742, as amended, 759; 5 U.S.C. 301, 19 U.S.C. a representative qualified as an attorney 66, 1551, 1624) 2. In § 404.974, paragraphs (b) and (c) are revised to read as follows: under § 404.972(a), the Administration Subparagraph (1) of paragraph (a) may certify the amount of such fee, sub­ of § 25.4 is amended to read as follows: § 404.974 Proceedings before a State or ject to the limitations in § 404.977(b), Federal Court. for payment out of, but not in addition § 25.4 Bonds approved by collectors; * * * 4c 4c to, the amount of past-due benefits form and execution. (b) Attorney fee allowed by a Federal payable. (a) * * * court. In any case where a Federal court (c) Past-due benefits defined. The (1) Bonds for the carriage of mer­in any proceeding under titles II and term “past-due benefits” as used in para­ chandise: XVIII of the Act renders a judgment graph (b) of this section means the to­ (i) Carrier’s bond, customs Form favorable to a claimant who was rep­ tal accumulated amount of benefits pay­ 3587, for common carriers, contract car­ resented before the court by an attorney, able under title II of the Act by reason of riers, and freight forwarders, in an and the court, pursuant to section 206 the favorable determination through the amount to be determined by the district (b) of the Act, allows to the attorney as month prior to the month such deter­ director of customs. part of its judgment a fee not in excess mination is effectuated. (ii) Private carrier’s bond, customs of 25 percent of the total of past-due (d) Notice of fee determination. Writ­ Form 3588, in an amount to be deter­ benefits to which the claimant is en­ ten notice of a fee determination made in titled by reason of the judgment, the accordance with paragraph (b) of this mined by the district director of customs. section shall be mailed to the represent­ ♦ * * * * Administration may certify the amount of such fee for payment to such attorney ative and the claimant at their last (R.S. 251, secs. 623, 624, 46 S tat. 759, as known addresses. Such notice shall in­ amended; 19 U.S.C. 66, 1623, 1624) out of, but not in addition to, the amount of the past-due benefits payable (see form the parties of the amount of the These amendments shall be effective § 404.977 (a)), No other fee may be certi­ fee authorized, the basis of the determi­ 30 days after the date of publication in fied for direct payment to such attorney nation, the fact that the Administration the F ederal R eg ister. for such representation. assumes no responsibility for payment except that pursuant to section 206(a) [seal] E d w in F . R a in s, (c) Past-due benefits defined. The of the Act the Administration may cer­ Acting Commissioner of Customs. term “past-due benefits” as used in para­ tify payment to an attorney, and that Approved: December 30, 1968. graph (b) of this section means the total each party may request an administra­ accumulated amount of benefits payable tive review of the determination within J o se ph M . B o w m an , under title II of the Act by reason of the 30 days of the date of the notice. Assistant Secretary court’s judgment through the month (e) Administrative review of fee de­ of the Treasury. prior to the month of the judgment termination. Administrative review of a [P.R. Doc. 69-327; Piled, Jan. 9, 1969; favorable to the claimant who was rep­ fee determination will be granted only if 8:47 a.m.] resented by the attorney. a request is filed by either the representa­ 3. Section 404.975 is amended as fol­ tive or the claimant within 30 days of the lows: Paragraph (b) is revised, and para­ date of the notice of the fee determina­ graphs (c), (d), and (e) are added. As tion. The request for administrative re­ Title 20— EMPLOYEES’ amended § 404.975 reads as follows: view shall be in writing and filed at an office of the Administration. Upon the § 404.975 Fee for services performed filing of such request for review of a fee BENEFITS for an individual before the Social Security Administration. determination, an authorized official of Chapter III— Social Security Adminis­ the Administration who did not partici­ tration, Department of Health, Ed­ (a) General. A fee for services per­ pate in the fee determination in question formed for an individual before the will review the determination. ucation, and Welfare Social Security Administration in any [Regs. No. 4, further amended] proceeding under titles II or XVIII of the 4. Section 404.977 is revised to read as Act may be charged and received only follows: PART 404— FEDERAL OLD-AGE, SUR­ as provided in paragraph (b) of this § 404.977 Payment of fees. VIVORS, AND DISABILITY INSUR­ section. (a) Fees allowed by a Federal court. ANCE (1950 — ) (b) Charging and receiving fee. An in­ Subject to the limitations in § 404.974(b), dividual who desires to charge or receive the Administration shall certify for pay­ Subpart J— Procedures, Payment of a fee for services rendered for an indi­ Benefits, and Representation of ment direct to attorneys, out of past- vidual in any proceeding under titles II due benefits as defined in § 404.974(c), Parties or X V m of the Act before the Adminis­ the amount of fee allowed by a Federal Attorneys and O th er R epresentatives tration (see § 404.977a), and who is qual­ court in a proceeding under title II of F ees ified under § 404.972, must file a written the Act. petition therefor in accordance with (b) Fees authorized by the Adminis­ Regulations No. 4 of the Social Secu­ § 404.976(a). The amount of the fee tration—(1) Attorneys. In any case rity Administration, as amended (20 he may charge or receive, if any, where the Administration makes a deter-

FEDERAL REGISTER, VOL. 34, NO. 7— FRIDAY, JANUARY 10, 1969 386 RULES AND REGULATIONS mination favorable to a claimant who man on whose earnings record her ap­ ual's death the child was receiving reg­ was represented by an attorney as de­ plication is based, and (except for the ular contributions toward his support fined in 1404.972(a) in a proceeding purpose of entitlement to a lump-sum from someone other than such individual before the Administration and as a re­ death payment) who: or his spouse, or from any public or pri­ sult of such determination past-due * * * * * vate welfare organization which fur­ benefits, as defined in § 404.975(c),; are (e) Was married to him (or had thenishes services or assistance for children; payable, the Administration shall certify status of his wife as described in § 404.- or for direct payment to the attorney, out 1101, or had been ceremonially married (b) Is the stepchild of the individual of such benefits, whichever of the fol­ to him under the conditions described upon whose wages and self-employment lowing is the smaller: in § 404.1101(c) (2)) for a period of not income his application is based by reason (1) 25 percent of the total of such less than 9 months immediately before of a valid marriage of his parent (see past-due benefits, the day he died (1 year for entitlement § 404.1110 (c)) or adopting parent with (ii) The amount of attorney’s fee set for months before February 1968—for such individual and, in the case of such by the Administration, or waiver of the 9-month requirement, see a living individual, has been such step­ (iii) The amount agreed upon between § 404.1114) ; or child for not less than 1 year (3 years for the attorney and the claimant. * * * • * -* entitlement to benefits for months be­ (2) Persons other than attorneys. The fore September 1960) immediately pre­ Administration assumes no responsibility 3. Section 404.1107 is amended by re­ ceding the day on which application for for the payment of any fee which a rep­ vising paragraph (e) to read as follows: child’s insurance benefits is filed, or, if such individual is deceased, not less than resentative as defined in § 404.972 (b) § 404.1107 Definition of widower. (person other than an attorney) has 9 months immediately preceding the day been authorized to charge in accordance “Widower” means a claimant who on which such individual died (1 year for with the provisions of § 404.975 and will has the legal relationship or the status, entitlement for months before February not deduct such fee from benefits pay­ as described in § 404.1101, of widower of 1968-r-for waiver of the 9-month require­ able under the Act to any beneficiary. the woman on whose earnings record his ment, see § 404.1114). application is based and (except for the (Secs. 205, 206, 1102, 53 Stat. 1368, as A “child” who is not the stepchild of an am ended, 53 S tat. 1372, 49 Stat. 647, as purpose of entitlement to a lump-sum individual shall, for benefits for months amended; sec. 5, Reorganization Plan No. 1 , death payment) who : after August 1960, be deemed to be such of 1953, 67 Stat. 18, 631; 42 U.S.C. 405, 406, Jc . * * $ ÿ stepchild if such individual was not the 1302) (e) Was married to her (or had the mother or adopting mother or the father 5. Effective date. The foregoing regu­status of her husband as described in or adopting father of such child and such lations shall become effective upon pub­ § 404.1101, or had been ceremonially individual and the mother or adopting lication in the F ederal R eg ister. married to her under the conditions de­ mother or father or adopting father, as the case may be, of such child, went Dated: December 27,1968. scribed in § 404.1101(c) (2) ) for a period of not less than 9 months immediately through a marriage ceremony resulting R obert M . B all, before the day she died (1 year for en­ in a purported marriage between them Commissioner of Social Security. titlement for months before February which but for a legal impediment (see § 404.1101(c) (3) (i)) would have been a Approved: January 3,1969. 1968—for waiver of the 9-month re­ quirement, see § 404.1114) ; or valid marriage; or W ilbu r J . C o h e n , * * * * * * * * * * Secretary of Health, 5. Section 404.1114 is added to read as Education, and Welfare. 4. Section 404.1109 is amended by re­ follows: [F.R. Doc. 69-335; Piled, Jan. 9, 1969; vising paragraphs (a) and (b) to read 8: 48 a.m.] as follows: § 404.1114 Waiver of 9-month re­ quirement for widow, stepchild, or § 404.1109 Definition of child. widower. [Regs. No. 4, further amended] The term “child” means a claimant (a) General. Except as provided in who: paragraph (c) of this section, the re­ PART 404— FEDERAL OLD-AGE, SUR­ (a) Is the legally adopted child of the VIVORS, AND DISABILITY INSUR­ quirement in § 404.1104(e) or § 404.1107 individual upon whose wages and self- (e) that the surviving spouse of an indi­ ANCE employment income his application is vidual have been married to such indi­ Subpart L— Family Relationships based. For purposes of this paragraph, vidual for a period of not less than 9 a child shall be deemed to be the legally months immediately prior to the day on D uration o f M arriage and S te pc h ild adopted child of such individual as of which such individual died in order to R elationship R equirements and Adop­ the date of such individual’s death if qualify as such individual’s widow or t io n R equirements such child was living in such individual’s widower, and the requirement in Subpart L of Regulations No. 4 is household at the time of such death and § 404.1109(b) that the stepchild of a de­ amended as set forth below. was legally adopted by such individual’s ceased individual have been such stepr 1. Section 404.1101(d) is amended by surviving spouse after such death, but— child for not less than 9 months immedi­ adding a new sentence following sub- (1) Only if (i) proceedings for the ately preceding the day on which such paragraph (3) to read as follows: adoption of the child had been instituted individual died in order to qualify as by such individual before his death, or such individual’s child, shall be deemed § 404.1101 Determination of relation­ (ii) such child was adopted by such in­ to be satisfied, where such indivdiual ship. dividual's surviving spouse before the dies within the applicable 9-month * * * * * end of 2 years after the date of such period, if his or her death— ( d ) * * * individual’s death or before August 28, 1960, whichever is later, or (1) Is accidental (as defined in para­ The term “insured individual” used in (2) For monthly benefits for months graph (b) of this section), or this paragraph (d) refers to the child’s prior to February 1968, only if such child (2) Occurs in fine of duty while he or mother or father except where a pro­ was adopted by such individual’s surviv­ she is a member of a uniformed service vision refers only to the “father.” serving on active duty (as defined in ing spouse before the end of 2 years after § 404.1013(f) (2) and (3)), 2. Section 404.1104 is amended by re­ the date of such individual’s death or vising paragraph (e) to read as follows: before August 28,1960, whichever is later. and, in the case of the surviving spouse, he or she was married to such individual § 404.1104 Definition of widow. However, a child thus adopted after such for a period of not less than 3 months “Widow” means a claimant who has individual’s death shall not be deemed to prior to the day on which such individual the legal relationship or the status, as be the legally adopted child of such in­ died, or, in the case of the stepchild, he described in § 404.1101, of widow of the dividual if at the time of such individ­ or she had been such stepchild for not

FEDERAL REGISTER, VOL. 34, NO. 7— FRIDAY, JANUARY 10, 1969 RULES AND REGULATIONS 387 less than 3 months immediately preced­ activities, the amount of his earnings to engage in substantial gainful activity. ing the day on which such individual from such activities may establish that However, in the case of an individual died. the individual has the ability to engage working in a sheltered workshop (such (b) Accidental death. For purposes of in substantial gainful activity. Gener­ as a workshop especially organized for paragraph (a) (1) of this section the ally, activities which result in substan­ the blind) or comparable facility, whose death of an individual is accidental if tial earnings would establish ability to activities are limited by his impairment such individual receives bodily injuries engage in substantial gainful activity; so that his earnings average $140 a solely through violent, external, and however, the fact that an individual’s month or less, such activities and such accidental means and, as a direct result activities result in earnings which are earnings ordinarily would not establish of the bodily injuries and independently not substantial does not establish the the ability to engage in substantial gain­ of all other causes, loses his or her life individual’s inability to engage in sub­ ful activity. not later than 3 months after the day stantial gainful activity. Where an indi­ (d) Earnings at a monthly rate of less on which he or she receives such bodily vidual is forced to discontinue his work than $90. Earnings from work activities injuries. The term “accident” means an activities after a short time because his as an employee which average less than event that was unpremeditated and un­ impairment precludes continuing such $90 a month do not show that the indi­ foreseen from the standpoint of the de­ activities, his earnings would not demon­ vidual is able to engage in substantial ceased individual. To determine whether strate ability to engage in substantial gainful activity. However, an evaluation the death of an individual did, in fact, gainful activity. Also a mentally handi­ of the work performed (see § 404.1532) result from an accident the Administra­ capped individual who performs simple may establish that the individual is able tion will consider all the circumstances tasks subject to close and continuous to engage in substantial gainful activity, surrounding the casualty. An intentional supervision would not have demonstrated regardless of the amount of his average and voluntary suicide will not be con­ ability to éngage in substantial gainful monthly earnings. sidered to be death by accident; how­ activity solely on the basis of the rate (e) Factors considered where individ­ ever, suicide by an individual who is so of his remuneration for such activity. ual is self-employed. The earnings or insane as to be incapable of acting inten­ Extraordinary expenses incurred by an losses of a self-employed individual often tionally and voluntarily will be consid­ individual in connection with his em­ reflect factors other than the individual’s ered to be death by accident. In no event ployment and because of his impairment work activities in carrying on his trade will the death of an individual resulting (e.g., the nature of the impairment re­ or business. For example, a business may from violent and external causes be con­ quires special transportation) shall be have a small income or may even operate sidered a suicide unless there is direct deducted, to the extent that such ex­ at a loss even though the individual per­ proof that the fatal injury was self- penses exceed what would be his work- forms sufficient work to constitute sub­ inflicted. related expenses if he were not impaired, stantial gainful activity. Thus, less (c) Applicability. The provisions of in computing the value of his earnings. weight is given to such small income or this section apply with respect to Expenses for medication or equipment losses in determining a self-employed in­ monthly benefits under title II of the which the individual requires whether or dividual’s ability to engage in substantial Act for months after January 1968, ex­ not he works would not, of course, be gainful activity, and greater weight is cept that such provisions shall not apply work-related. Earnings received by an given to such factors as the extent of his if the Secretary determines that at the employee which are not attributable to activities and the supervisory, man­ time of the marriage involved, the indi­ his work activity are not considered in agerial, or advisory services rendered by vidual involved could not have reason­ determining his ability to engage in sub­ him (see § 404.1532 (f)). ably been expected to live for 9 months. stantial gainful activity. Thus, where an individual engages in work activity as an (Secs. 205, 216(i), 223, 1102, Social Security (Secs. 205, 216, 1102, 53 S tat. 1368, as Act, 53 Stat. 1368, as amended, 68 S tat. 1080, amended, 64 S tat. 510, as, amended, 49 Stat. employee under special conditions (see as am ended, 70 S tat. 815, as am ended, 49 647, as amended; sec. 5, R eorganization Plan § 404.1532(e)), only earnings attribut­ Stat. 647, as amended; sec. 5, Reorganization No. 1 of 1953, 67 S tat. 18, 631; 42 U.S.C. 405, able to the individual’s productivity, as P lan No. 1 of 1953, 67 S tat. 18; 42 U.S.C. 405, 416, 1302) distinguished from a subsidy related to 416(i), 423, 1302) other factors (e.g., his financial needs), 6. Effective date. These amendmentsare considered in determining his ability Effective date. This revision shall be­ shall become effective upon publication to perform substantial gainful activity. come effective on the date of publication in the F ederal R eg ister. The fact, however, that a sheltered work­ in the F ederal R eg ister . Dated: December 27, 1968. shop or comparable facility may operate Dated: December 27, 1968. at a deficit and receive some charitable R obert M . B all, contributions or governmental aid would R obert M . B all, Commissioner of Social Security. not necessarily establish that a particu­ Commissioner of Social Security. Approved: January 3, 1969. lar employee of the workshop is not Approved: January 3,1969. earning the amounts paid to him. W ilbur J . C o h e n , W ilbu r J . C o h e n , Secretary of Health, (b) Earnings at a monthly rate in ex­ Secretary of Health, Education, and Welfare. cess of $140. An individual’s earnings Education, and Welfare. from work activities averaging in excess [F.R. Doc. 69-336; Piled, Jan . 9, 1969; of $140 a month shall be deemed to [F.R. Doc. 69-338; Filed, Jan . 9, 1969; 8:48 a.m.] demonstrate his ability to engage in sub­ 8:48 a.m.] stantial gainful activity unless there is [Regs. No. 4] affirmative evidence that such work ac­ [Regs. No. 5] tivities themselves establish that the PART 404— FEDERAL OLD-AGE, SUR­ PART 405— FEDERAL HEALTH INSUR­ VIVORS, AND DISABILITY INSUR­ individual does not have the ability to engage in substantial gainful activity ANCE FOR THE AGED (1965 — ) ANCE (1950 —-) under the criteria in §§ 404.1532 and 404.1533 and paragraph (a) of this Subpart N— Conditions for Coverage Subpart P— Rights and Benefits Based of Portable X-ray Services on Disability section. (c) Earnings at a rate of $90 to $140 On July 16, 1968, there was published E valuation o f E arnings F rom W ork a month. Where an individual’s earnings in the F ederal R eg ister (33 F.R. 10149) Section 404.1534, Subpart P, Part 404, from work activities average between a notice of proposed rule making relating Title 20, of the Code of Federal Regula­ $90 and $140 a month, consideration of to the conditions for coverage of port­ tions (20 CFR 404.1534) is revised to read the amount of his earnings together with able X-ray services which must be as follows: the other circumstances relating to his met by a supplier providing portable work activities (see §§ 404.1532 and 404.- X-ray services in order for the supplier’s § 404.1534 Evaluation of earnings from 1533), the medical evidence relating to services to qualify for reimbursement work, v his impairment or impairments, and under the supplementary medical insur­ (a) General. Where an individual whoother factors (see § 404.1502) shall de­ ance program where such services are not claims to be disabled engages in work termine whether such individual is able performed by or under the immediate FEDERAL REGISTER, VOL. 34, NO. 7— FRIDAY, JANUARY 10, 1969 388 RULES AND REGULATIONS personal supervision of a physician. In­ erage were developed in regard to (7) Procedures which are not of a terested persons were given 30 days to services provided to the 65 and over age diagnostic nature. submit comments with regard to the pro­ group, with respect to whom genetic ■(e) Circumstances under which serv­ posed regulations contained threin. The risks are, of course, minimal. These ices are covered. The tests must be or­ proposd regulations are hereby adopted conditions, therefore, would not give as­ dered in writing by the attending doctor with changes made as a result of com­ surance of protection for * younger of medicine or doctor of osteopathy who ments received. Chapter III, Title 20, is groups. • is licensed to practice in the State and amended by adding thereto Subpart N Sec. 1861. For purposes of this title— who also assumes responsibility for either of Part 405 to read as set forth below. * * * * * interpreting the film himself or for ob­ The addition of Subpart N of Part 405, taining an interpretation by a licensed (s) The term “medical and other health Title 20, shall be effective upon publica­ services” means any of the following items doctor of medicine or doctor of tion in the F ederal R eg ister. or services: osteopathy. Dated: December 23, 1968. * * * * ♦ (f) Definition of supplier of portable X-ray tests. A supplier of portable X-ray R obert M . B all, (3) diagnostic X-ray tests (including tests means any organization, individual, Commissioner of Social Security. tests under the supervision of a physician, furnished in a place of residence used as partnership or corporation which takes Approved; January 3, 1969. the patient’s home, if the performance of radiographs by means of equipment such tests meets such conditions relating which utilizes ionizing radiation, except W ilbu r J . C o h e n , to health and safety as the Secretary may participating hospitals and extended care Secretary of Health, find necessary) , facilities (which must meet applicable Education, and Welfare. * * * * * health and safety standards in the con­ Subpart N— Conditions for Coverage of Portable (b) Intent of the benefit. (1) The 1967 ditions for participation—see Subparts X-ray Services amendments expand section 1861 Cs) (3) J and K of this part) and physicians who Secs. provide immediate personal supervision 405.1401 General. of the law to include, with respect to 405.1402 Conditions for coverage of serv­ services furnished after December 31, during the taking of such tests. ices—general. 1967, diagnostic X-ray tests provided § 405.1402 Conditions for coverage of 405.1403 Standards; general. by a qualified supplier of portable X-ray services— general. 405.1404 State agencies. tests performed in a place of residence 405.1405 Principles for the evaluation of used as the patient’s home, if the tests The services of a supplier of portable suppliers of portable X-ray tests are performed under the general super­ X-ray tests will be reimbursable under to determine whether they are vision of a physician and certain condi­ the program only if the Secretary has in compliance with the condi­ tions relating to health and safety are determined that the supplier is in com­ tions. pliance with the conditions relating to 405.1406 Time limitations on certification met. of compliance. (2) The portable X-ray service benefitlicensure or registration, to physician 405.1407 Certification of noncompliance. is intended to facilitate diagnosis for supervision, and to health and safety. 405.1408 Criteria for determining compli­ certain persons who, for example, be­ These conditions relating to health and ance. cause of physical limitations find it safety are made requirements because 405.1409 Documentation of findings. difficult to receive X-rays outside the they are held to be essential to the main­ 405.1411 Conditions for' coverage—compli­ home. In general, it is to the patient’s tenance of quality of care and the ade­ ance with Federal, State, and quacy of the services and equipment local laws and regulations. advantage, if he is able, to receive X-ray 405.1412 Condition for coverage—supervi­ services from nonportable equipment which the supplier provides. sion by a qualified physician. because of the greater capability and § 405.1403 Standards; general. 405.1413 Condition for coverage—qualifica­ safety of such equipment. tions and orientation of techni­ (c) Scope of covered services. In or­ As a basis for a determination as to cal personnel and employee rec­ der to avoid providing reimbursement whether or not there is compliance with ords. for services which are inadequate or haz­ the prescribed conditions in the case of 405.1414 Condition for coverage—referral any particular supplier of portable X-ray for service and presentation of ardous to the patient, the scope of the tests, a series of standards is listed under records. covered portable X-ray service benefit each condition. Reference to these stand­ 405.1415 Condition for coverage—safety is defined as follows: standards. (1) Skeletal films involving the ex­ ards will enable the State agency survey­ 405.1416 Condition for coverage—inspection tremities ii.e., arms and legs), pelvis, ing a supplier to document the activities of equipment. of the supplier and to establish whether vertebral column, and skull; it is in compliance with the prescribed Authority : The provisions of this Subpart (2) Chest films which do not involve N issued under secs. 1102, 1861 (s) (3), 1864, the use of contrast media ; conditions. Because of the potential 1871; 49 S tat. 647, as amended, 79 S tat. 321, hazards inherent in the use of X-ray 81 S tat. 852, 79 Stat. -326, 79 Stat. 331; 42 (3) Abdominal films which do not in­ equipment, all standards must be met U.S.C. 1302, 1395 et seq. volve the use of contrast media. in order for the supplier to be found in (d) Exclusions from coverage as port­ compliance with the conditions. § 405.1401 General. able X-ray services. Procedures and (a) Portable X-ray services. The Con­examinations which are not covered un­ §405.1404 State agencies. ditions for Coverage of Portable X-Ray der the portable X-ray provision include (a) Under authority given in the law Services, and related policies set forth the following : to the Secretary to perform any of his in this Subpart N, delineate the specific (1) Procedures involving fluoroscopy; functions under title XVIII directly or requirements which must be met by a (2) Procedures involving the use of by contract, the Secretary will be assisted supplier providing portable X-ray serv­ contrast media; by designated State health agencies or ices in order for the supplier’s services (3) Procedures requiring the admin­ other State agencies in determining to qualify for reimbursement under the istration of a substance to the patient whether there is compliance with the supplementary medical insurance pro­ or injection of a substance into the pa­ conditions for coverage of services of gram (see Subpart B of this part) where tient and/or special manipulation of the suppliers of portable X-ray tests. The such services are not performed by or patient; designated State agencies will certify to under the immediate personal super­ (4) Procedures which require special the Secretary those suppliers which they vision of a physician. Section 1861 (s) (3) medical skill or knowledge possessed by find are in compliance with the condi­ of the Social Security Act, as amended, a doctor of medicine or doctor of oste­ tions. Such certifications will include states a number of specific requirements opathy or which require that medical findings as to whether each of the con­ and authorizes the Secretary of Health, judgment be exercised; ditions is met. The Secretary, on the Education, and Welfare to prescribe (5) Procedures requiring special tech­ basis of such certification from the State other requirements considered necessary nical competency and/or special equip­ agency, will determine whether or not in the interest of the health and safety ment or materials ; the equipment and level of services of of beneficiaries. The conditions for cov- (6) Routine, screening procedures; the supplier represent compliance with

FEDERAL REGISTER, VOL. 34, NO. 7— FRIDAY, JANUARY 10, 1969 RULES AND REGULATIONS 389 the conditions and will transmit to the § 405.1408 Criteria for determining (1) The supervising physician owns supplier a written notice of the deter­ compliance. the equipment and it is operated only by mination. If it is determined that the A finding made by the State agency as his employees, or supplier does not comply with the con­ to whether a supplier of portable X-ray (2) The supervising physician certifies ditions for coverage, the supplier may services is in compliance with the condi­ annually that he periodically checks the appeal from such determination and tions requires a thorough evaluation of procedural manuals and observes the request a hearing. For procedures relat­ the facility. The State evaluation will operators’ perfoYmance, that he has veri­ ing to appeals, see Subpart O of this take into consideration whether each fied that equipment and personnel meet Part 405. standard is fully met. applicable Federal, State, and local li­ (b) Certifications and determinations censure and registration requirements as to whether a supplier of portable § 405.1409 Documentation of findings. and that safe operating procedures are X-ray services is in compliance with the The findings of the State agency with used. conditions will be made upon the filing respect to each of the conditions should (b) Standard—qualifications of the of an application by the supplier on a be adequately documented. Where the physician supervisor. Portable X-ray form prescribed by the Secretary. State agency certifies to the Secretary services are provided under the super­ (c) Any payment for diagnostic X-ray that a supplier is not in compliance with vision of a licensed doctor of medicine tests of the type described in § 405.1401 the conditions, such documentation or licensed doctor of osteopathy who is (c) performed by a supplier of portable should include a report on the nature of qualified by advanced training and ex­ X-ray tests, if made prior to a deter­ the deficiencies and of any discussions perience in the use of X-rays for diag­ mination that the supplier is in compli­ concerning such deficiencies, a report of nostic purposes, i.e., he (1) is certified ance with this subpart,is not to be the supplier’s response with respect to in radiology by the American Board of considered as establishing the compli­ such discussions, and the State agency’s Radiology or by the American Osteo­ ance of such supplier with such assessment of the prospects for such im­ pathic Board of Radiology or possesses conditions. provements as to enable the supplier to qualifications which are equivalent to achieve compliance with the conditions. those required for such certification, or § 405.1405 Principles for the evaluation (2) is certified or meets the requirements of suppliers of portable X-ray tests The State agency should also furnish the to determine whether they are in supplier with a statement as to the de­ for certification in a medical specialty ficiencies found. in which he has become qualified by compliance with the conditions. experience and training in the use of A supplier of portable X-ray tests will § 405.1411 Conditions for coverage— X-rays for diagnostic purposes, or (3) be considered in compliance with the compliance with Federal, Slate, and specializes in radiology and is recognized conditions for coverage only upon ac­ local laws and regulations. by the medical community as a specialist ceptance by the Secretary of findings The supplier of portable X-ray services in radiology. adequately documented and certified to is in conformity with all applicable by the State agency, showing that the Federal, State, and local laws and § 405.1413 Condition for coverage— supplier is found to be operating in regulations. qualifications and orientation of tech­ accordance with all standards and con­ (a) Standard—licensure or registra­ nical personnel and employee rec­ ditions with no deficiencies. tion of supplier. In any State in which ords. Portable X-ray services are provided § 405.1406 Time limitations on certifi­ State or applicable local law provides for cation of compliance. the licensure or registration of suppliers by qualified technologists. of X-ray services, the supplier is (1) (a) Standard—qualifications of tech­ (a) All initial certifications by the licensed or registered pursuant to such nologists. All operators of the portable State agency to the effect that a supplier law, or (2) approved by the agency of the X-ray equipment meet the requirements of portable X-ray services is in compli­ State or locality responsible for licensure of subparagraphs (1), (2), or (3) of this ance with the conditions will be for a or registration as meeting the stand­ paragraph: period of 1 year, beginning with Janu­ ards established for such licensure or (1) Successful completion of a pro­ ary 1, 1968, or, if later, with the date on registration. gram of formal training in X-ray tech­ which the supplier is first found to be (b) Standard—licensure or registra­ nology of not less than 24 months’ in compliance with the conditions. The tion of personnel. All personnel engaged duration in a school approved by the Secretary’s determination will remain in in operating portable X-ray equipment Council on Education of the American effect until such time as notice of revi­ are currently licensed or registered in ac­ Medical Association or by the Ameri­ sion or termination is given. State agen­ cordance with all applicable State and can Osteopathic Association, or have cies may visit or resurvey suppliers where local laws. earned a bachelor’s or associate degree necessary to ascertain continued com­ (c) Standard—licensure or registra­ in radiologic technology from an ac­ pliance or to accommodate to periodic or tion of equipment. All portable X-ray credited college or university. cyclical survey programs. A State may, equipment used in providing portable (2) For those whose training was at any time, find and certify to the Secre­ X-ray services is licensed or registered completed prior to July 1, 1966, but on tary that a supplier is no longer in in accordance with all applicable State or after July 1, 1960: successful comple­ compliance. and local laws. tion of 24 full months of training and/or (b) If a supplier is certified by the (d) Standard—conformity with other experience under the direct supervision State agency and determined by the Sec­ Federal, State, and local laws and regula­ of a physician who is certified in radi­ retary to be in compliance under the tions. The supplier of portable X-ray ology by the American College of Radiol­ provisions of the conditions, a notice will services agrees to render such services in ogy or who possesses qualifications which be sent to the supplier notifying it of the conformity with Federal, State, and local are equivalent to those required for such determination of coverage of its services laws relating to safety standards. certification, and at least 12 full months under the medical insurance program. of pertinent portable X-ray equipment § 405.1412 Condition for coverage- operation experience in the 5 years prior § 405.1407 Certification of noncompli­ supervision by a qualified physician. to January 1, 1968. ance. Portable X-ray services are provided (3) For those whose training was The State agency will certify that a under the supervision of a qualified completed prior to July 1, 1960: success­ supplier is not in compliance with the physician. ful completion of 24 full months of conditions or, where a determination of (a) Standard—physician supervision.training and/or experience of which at compliance has been made, that a sup­ The performance of the roentgenologic least 12 full months were under the direct procedures is subject to the supervision of supervision of a physician who is certi­ plier is no longer in compliance where a physician who meets the requirements fied in radiology by the American College the supplier is not in compliance with of paragraph (b ) , of this section and one of Radiology or who possesses qualifica­ all standards. of the following requirements is met: tions which are equivalent to those re-

FEDERAL REGISTER, VOL. 34, NO. 7— FRIDAY, JANUARY 10, 1969 390 RULES AND REGULATIONS quired for such certification, and at least condition of the patient which indicates (d) Standard—control panel. The 12 full months of pertinent portable why portable X-ray services are neces­ control panel provides a device (usually X-ray equipment operation experience sary. a milliammeter or a means for an audible in the 5 years prior to January 1, 1968. (b) Standard—records of examina­ signal to give positive indication of the (b) Standard—personnel orientation. tions performed. The supplier makes for production of X-rays whenever the The supplier of portable X-ray services each patient a record of the date of the X-ray tube is energized. The control has an orientation program for person­ X-ray examination, the name of the pa­ panel includes appropriate indicators nel, based on a procedural manual which tient, a description of the procedures (labelled control settings and/or meters) is: Available to all members of the staff, ordered and performed, the referring which show the physical factors (such as incorporates relevant portions of profes­ physician, the operator(s) of the port­ kVp, mA, exposure time or whether sionally recognized documents, and in­ able X-ray equipment who performed timing is automatic) used for the cludes instruction in all of the following: the examination, the physician to whom exposure. (1) Precautions to be followed to pro­ the radiograph was sent, and the date (e) Standar d—exposure. control tect the patient from unnecessary expo­ it was sent. switch. The exposure controlswitch is sure to radiation; (c) Standard—preservation of rec­ of the dead-man type and is so arranged (2) Precautions to be followed to pro­ ords. Such reports are maintained for a that the operator can stand at least 6 tect an individual supporting the patient period of at least 2 years, or for the feet from the patient and well away from during X-ray procedures from unneces­ period of time required by State law for thé useful beam. sary exposure to radiation; such records (as distinguished from

FEDERAL REGISTER, VOL. 34, NO. 7— FRIDAY, JANUARY 10, 1969 RULES AND REGULATIONS 391 ing the period July 1, 1917, through (2) At the time review is to be made, Title 32— NATIONAL DEFENSE December 31, 1961, inclusive, and who the written authorization (paragraph did not reenter the Army after Janu­ (f) of this section) will be presented by Chapter V— Department of the Army ary 1, 1962. the representative to an official employee SUBCHAPTER A— AID OF CIVIL AUTHORITIES (ii) Enlisted personnel who were of the agency or activity (paragraph (c) AND PUBLIC RELATIONS completely separated during the period of this section) in which the review is November 1,1912, through December 31, desired to be conducted. The authoriza­ PART 518— AVAILABILITY OF 1961, inclusive, and who did not reenter tion will not be mailed. INFORMATION the Army after January 1, 1962. (3) Individuals are cautioned as to the Personnel Records (iii) Active duty Army personnel com­ possibility of misinterpretations of the pletely separated on and after July 1, facts reflected in their records by rep­ Section 518.15 is revised to read as 1968. resentatives who may not be completely follows: (iv) USAR, ARNGUS, and retired familiar with the personnel policies of § 518.15 Location of and access by indi­ personnel as the Reserve or retired the Department of the Army. vidual concerned or designated rep­ status is terminated on and after July 1, (f) Sample letter of authorization. resentative to military personnel rec­ 1968. 1 To: The Adjutant General, Attention: ords maintained by The Adjutant (c) Access and review. (1) Records of AGPF, Department of the Army, General and the Administrator of personnel will be made available for W ashington, D.C. 20315. General Services. access and review by the individual con­ or cerned or his authorized representative. Commanding Officer, U.S. Army Adminis­ (a) Purpose. This section sets forth (2) Access to records of personnel in tration Center, TAGO, 9700 Page Boule­ the locations of and the conditions under vard, St. Louis, Mo. 63132. which, members and former members of a status shown in paragraph (a) of this section is permitted either in The Ad­ or the Army, in a status shown below, may jutant General’s Office, Personnel review their individual official military Records Division, 5522 Leesburg Pike, Commanding Officer, U.S. Army Personnel personnel files maintained by The Adju­ Services Support Center, Fort Benjamin Falls Church, Va. 22041, or the U.S. Harrison, Ind. 46249. tant General and the Administrator of Army Administration Center, TAGO, General Services. 9700 Page Boulevard, St. Louis, Mo. I (name (typed or printed)) request that (1) Personnel on active duty. 63132. (full name and address), my authorized rep­ (2) Reserve component personnel not resentatives, be allowed to review my person­ on active duty. (3) Access and review in Fort Benja­ nel records in the same manner as would be (3) Retired personnel. min Harrison, Ind., is restricted to the permitted if I presented myself for this active duty enlisted records maintained purpose. (4) Separated personnel. and administered by the Commanding I am (state present status, i.e., whether (b) Location of records. (1) Records Officer, U.S. Army Personnel Services on active duty, retired, separated, or a of the following personnel are located in Support Center. member of the Reserve components not on The Adjutant General’s Office, Personnel (d) Appointments—(1) For review in active duty). Records Division, Department of the Washington, D.C., or St. Louis, Mo. Ex­ Signature, Grade, Branch of Service, Service Army, Washington, D.C. 20315. The Number/Social Security Account Number. TAGO Building is located at the corner cept in unusual circumstances, a person of South Carlyn Spring Road and Lees­ (or his designated representative) desir­ [AR 640-12, Nov. 12, 1968] (Sec. 3012, 70A ing access to his records will contact The S tat. 157; 10 U.S.C. 3012) burg Pike (Bailey’s Crossroads), Falls Adjutant General, Personnel Records Church, Va. (Access to the Personnel For the Adjutant General. Records Division is through entrance at Division, Records Review Unit (692- 3511 South Carlyn Spring Road; Records 1924) to arrange for review in Falls H arold S haron, Review Unit through entrance at 5522 Church, Va., or the Commanding Officer, Chief, Legislative and Precedent Leesburg Pike.) U.S. Army Administration Center, TAGO Branch, Management Divi­ (1) All active duty commissioned and (Amherst 8-7377), to arrange for review sion, TAGO. , warrant officer personnel (including in St. Louis, Mo., at least 2 normal work­ [F.R. Doc. 69-299; Filed, Jan. 9, 1969; members of Reserve components on ac­ ing days in advance of the time the ap­ 8:45 a.m.] tive duty). pointment is desired. If access necessi­ (ii) General officers of all components tates transfer of records between Falls (active, inactive, or retired). Church, Va., and St. Louis, Mo., or vice (2) Records of all active duty enlisted versa, or requires the obtaining of Title 32A— NATIONAL DEFENSE, personnel (including members of Re­ records from Fort Benjamin Harrison, serve components on active duty) are Ind., request for review should be made APPENDIX located in the U.S. Army Personnel 4 working days in advance of the desired Services Support Center, Port Benjamin appointment. Records will be made Chapter X— Oil Import Administra­ available only during normal office tion, Department of the Interior Harrison, Ind. 46249. hours, Monday through Friday. (3) Records of the following person­ [Oil Import Reg. 1, Rev. 5, Arndt. 13] nel are located in the U.S. Army Ad­ (2) For review in Fort Benjamin ministration Center, TAGO, 9700 Page Harrison, Ind. An enlisted person on Ol REG. 1— OIL IMPORT Boulevard, St. Louis, Mo. 63132. active duty (or his designated represent­ REGULATION (i) Army personnel released from ac­ ative) desiring access to his records will tive duty or active duty for training after contact the Commanding Officer, U.S. Allocation of Imports, Low Sulphur Army Personnel Services Support Center, Residual Fuel Oil— Districts I—IV December 31, 1961, who were completely Fort Benjamin Harrison, Ind., at least separated prior to July 1,1968. 2 normal working days prior to the Section 26 of Oil Import Regulation 1 (ii) USAR and ARNGUS personnel (Revision 5) provides for allocations of not on active duty (except ARNGUS time of the desired appointment. Rec­ ords will be made available only during imports of residual fuel oil and fuel oil who have not completed a tour of active into Districts I-IV based on the produc­ duty or active duty for training). normal office hours, Monday through Friday. tion of low sulphur residual fuel oil. (iii) All retired officers (except gen­ (e) Representative. (1) An individual Section 26 is amended to provide for the eral officers) and all retired enlisted may designate in writing a representa­ issuance of licenses for testing and start personnel. tive, including a legal representative, to up of new facilities, to include specific (4) Records of the following person­ review his file if he cannot do so himself. allocations under paragraph (d) within nel are in the National Personnel Officers assigned to career management the scope of general allocations author­ Records Center, GSA, 9700 Page Boule­ activities or to The Adjutant General’s ized by paragraph (c) (3), and to describe vard, St. Louis, Mo. 63132. Office may not be designated as rep­ with more particularity the fuel oil (i) Officer and warrant officer person­resentatives for the purpose of reviewing nel who were completely separated dur- records. i As appropriate.

FEDERAL REGISTER, VOL. 34, NO. 7— FRIDAY, JANUARY 10, 1969 No. 7-----5 392 RULES AND REGULATIONS which may be used for blending and paragraph and to initial allocations as to the right to change the requirements which may be imported under alloca­ provided in subparagraph (2) of this and to amend the regulations if and tions made pursuant to paragraph (d). paragraph and to specific allocations when necessary jn the public interest. As the purpose of this amendment is to as provided in paragraph (d) of this 2. The purpose of this document is to further the control of air pollution, it section. establish and describe the special an­ would not be in the public interest either (d) A person who produces low sul­chorage areas in Hull Bay and Allerton to provide notice and public procedure phur residual fuel oil by mechanically Harbor at Hull, Mass., as described in thereon or to delay its effective date. blending residual fuel oil to be used as 33 CFR 110.31 below, wherein vessels not Accordingly, this amendment shall be­ fuel which has a viscosity not greater more than 65 feet in length, when at come effective immediately. than 275 Saybolt Furol seconds at 122° anchor in such special anchorage areas, Subparagraphs (2) and (3) of para­ F., which contains over 1.5 percent sul­ are not required to carry or exhibit an­ graph (c), and paragraph (d) of section phur by weight, and which is derived chor lights. The area is principally for 26 of Oil Import Regulation 1 (Revision from crude oil produced in the Western use by yachts and other recreational 5) (33 F.R. 18374) are amended to read Hemisphere with distillate fuel oil which craft. Use of a mooring buoy is permit­ as follows: has a viscosity in the range of 22-40 ted, but fixed piles or stakes are pro­ Sec. 26 Allocations of unfinished oils— Saybolt Universal seconds at 100° F. and hibited. The anchoring of vessels and the Districts I—IV based on production which is manufactured in his refinery placing of temporary moorings is under of low sulphur residual fuel oil in capacity or desulphurization facility in the jurisdiction, and at the discretion, Districts I—IV. Districts I-IV shall receive an allocation of the local Harbor Master, Hull, Mass. * * 9§6 of imports of fuel oil equal to the amount 3. By virtue of the authority vested in in barrels of the fuel oil which had a me as Commandant, U.S. Coast Guard, (C) * * *. viscosity in the range of 22-40 Saybolt by 14 U.S.C. 632 and the delegation in (2) Upon a showing satisfactory to Universal seconds at 100° F. which was 49 CFR 1.4(a) (3) of the Secretary of the Administrator that the construction manufactured in his refinery capacity or Transportation under 49 U.S.C. 1655 of a desulphurization facility has been desulphurization unit, and which was (g) (1), 33 CFR 110 is amended as fol­ or is about to be completed, the person mechanically blended to produce low lows, to become effective on and after owning the facility shall be entitled to an sulphur residual fuel oil. Fuel oil im­ the date of publication of this document initial specific allocation of imports of ported under such an allocation must in the F ederal R e g ist e r : residual fuel oil on the basis of the have a viscosity within 2.0 Saybolt Uni­ Part 110 is amended by adding a new quantity of low sulphur fuel oil which he versal seconds at 100° F., plus or minus, § 110.31 after § 110.30 reading as follows: estimates will be produced by the facility of the viscosity of the distillate fuel oil during a period of 90 days following the § 110.31 Hull Bay and Allerton Harbor used for blending, must be derived from at Hull, Mass. day the facility goes on stream. No crude oil produced in the Western license shall be issued under such .an Hemisphere, and must be processed (a) Area No. 1 in Allerton Harbor. allocation earlier than 45 days prior to other than by blending by mechanical That area north of Hog Island beginning the date that the newly constructed means either by the person to whom the at latitude 42°18T5", longitude 70°53' desulphurization facility is scheduled to allocation is made or by the person 46"; thence due east to latitude go on stream, except in such amounts as receiving the residual fuel oil or fuel oil 42°18T5", longitude 70°53'29.5"; thence may be required for starting and testing under an exchange agreement. due south to latitude 42°18'07.5", longi­ the new desulphurization facility, and in tude 70°53'92.5"; thence due west to lat­ no event shall a license be issued under * * * * * itude 42°18'07.5", longitude 70°53'46"; such an allocation until an on-the-spot S tew art L. U dall, thence due north to the point of inspection of the new facility has been Secretary of the Interior. beginning. conducted by authorized representatives (b) Area No. 2 in Hull Bay. That area of the Oil Import Administration and a J anuary 8,1969. south of Hog Island beginning at latitude determination has been made that the [F.R. Doc. 69-373; Filed, Jan . 8, 1969; 42°17'50.5", longitude 70°54'07"; thence newly constructed facility will have the 12:36 p.m.] due east to latitude 42°17'50.5", longi­ operational potential which the appli­ tude 70°53'29.5"; thence due south to cant has certified to in his application, latitude 42°17'30", longuitude 70°53'- and that it appears that construction 29.5"; thence due west to latitude will be completed. The Administrator Title 33— NAVIGATION AND 42°17'30", longitude 70°54'07"; thence may make further specific allocations due north to the point of beginning. based on the production estimated for NAVIGABLE WATERS (c) Area No. 3 in Hull Bay. That area succeeding periods of 90 days each. Chapter I— Coast Guard, Depart­ north of Bumkin Island beginning at Residual fuel oil imported under such ment of Transportation latitude 42°17'22", longitude 70°54'07"; an allocation must be derived from crude thence due east to latitude 42°17'22", oil produced in the Western Hemisphere SUBCHAPTER I— ANCHORAGES longitude 70°53T7.5"; thence due south and must be processed other than by [CGFR 68-160] to latitude 42°17'01", longitude 70°53' blending by mechanical means either by 17.5"; thence due west to latitude the person to whom the allocation is PART no—ANCHORAGE 42°17'01", longitude 70°54'07"; thence made or by the person receiving the REGULATIONS due north to the point of beginning. residual fuel oil under an exchange Subpart A— Special Anchorage Areas No t e : The areas will be principally for agreement. use by yachts and other recreational craft. (3) In order to encourage the con­ H u ll B ay and A llerton H arbor, Temporary floats or buoys for marking struction of new desulphurization facil­ H u l l , M ass. anchors will be allowed. Fixed mooring piles or stakes are prohibited. The anchoring of ities in Districts I-IV the Secretary may 1. The Board of Selectmen of the townvessels and the placing of temporary moor­ make a general allocation to an appli­ of Hull, Mass., by letter dated January ings is under the jurisdiction, and at the cant if the Secretary is satisfied that an 22, 1968, requested the establishment of discretion, of the local Harbor Master, Hull, applicant’s proposal to construct a de­ three special anchorage areas in Hull Mass. sulphurization facility in Districts I-IV Bay and Allerton Harbor at Hull, Mass. (R.S. 4233, as am ended, 28 S tat. 647, as constitutes a bona fide business venture A public notice dated March 8, 1968, was am ended, 30 S tat. 98, as am ended, sec. and that the construction of such facility issued by the New England Division, 6(g) (1), 80 S tat. 940; 33 U.S.C. 180, 258, 322; will be carried to completion within a Corps of Engineers, describing the pro­ 49 U.S.C. 1655(g)(1); 49 CFR 1.4 (a)(3 )) posed anchorage areas. All known inter­ reasonable time. Such a general alloca­ Dated: January 3,1969. tion may provide that the applicant shall ested parties were notified and one ob­ jection was received. This objection has W. J. S m it h , be entitled, for such a period of time as been resolved. Therefore, the request is Admiral, U.S. Coast Guard, the Secretary may determine, to specific granted and the establishment of the Commandant. allocations of imports of residual fuel oil special anchorage areas as described in [F.R. Doc. 69-306; Filed, Jan. 9, 1969; as provided in subparagraph (1) of this 33 CFR 110.31 below is granted, subject 8:46 a.m.]

FEDERAL REGISTER, VOL. 34, NO. 7— FRIDAY, JANUARY 10, 1969 RULES AND REGULATIONS 393

Chapter II— Corps of Engineers, cation and Multiple-Use Act of Septem­ plan for AFDC which provides for emer­ Department of the Army ber 19, 1964 (43 U.S.C. 1411-18 (1964)). gency assistance to needy families with S tew art L . U dall, children pursuant to section 406(e) of PART 204— DANGER ZONE Secretary of the Interior. the Act: REGULATIONS (1) Federal financial participation is D ecember 24,1968. available for emergency assistance to or Atlantic Ocean, N.J.; Correction [F .R .' Doc. 69-312; Filed, Jan. 9, 1969; on behalf of a needy child under the age F.R. Doc. 68-14575, appearing at 33 8:46 ajn .] of 21 and any other member of the house­ F.R. 18155, December 6, 1968, is cor­ hold in which he is living if— rected to change the longitude in the (1) Such child is (or, within 6 months fifth line of § 204.20(a) to read: prior to the month in which such as­ 74°01'54". Title 45— PUBLIC WELFARE sistance is requested, has been) living Chapter II— Social and Rehabilita­ with any of the relatives specified in For the Adjutant General. section 406(a) (1) of the Act in a place tion Service (Assistance Programs), H arold S haron, of residence maintained by one or more Chief, Legislative and Precedent Department of Health, Education, of such relatives as his or their own Branch, Office of the Comp- and Welfare home, - troller, TAGO. PART 233—-COVERAGE AND CON­ (ii) Such child is without resources [F.R. Doc. 69-298; Filed, Jan. 9, 1969; immediately accessible to meet his needs, 8:45 a.m.] DITIONS OF ELIGIBILITY IN FI­ (iii) The emergency assistance is nec­ NANCIAL ASSISTANCE PROGRAMS essary to avoid destitution of such child or to provide living arrangements for Emergency Assistance to Needy him in a home, and Title 43— PUBLIC LANDS: Families With Children (iv) His destitution or need for living Interim Policy Statement No. 3 setting arrangements did not arise because he or forth the regulations for the program such relative refused without good cause administered under Title IV—Part A of to accept employment or training for Chapter II— Bureau of Land Manage­ the Social Security Act, with respect to employment. ment, Department of the Interior emergency assistance to needy families (2) The rate of Federal financial par­ SUBCHAPTER A— GENERAL MANAGEMENT with children, was published in the F ed­ ticipation in expenditures during a (1000) eral R egister of July 17, 1968 (33 F.R. quarter as emergency assistance in ac­ cordance with the provisions of an ap­ [Circular No. 2254] 10229). No objections having been re­ ceived from any person, such regula­ proved State plan is : PART 1720— PROGRAMS AND tions are hereby codified by adding a (i) 50 percent of the total amount of OBJECTIVES new § 233.120 to Part 233 of Chapter n such expenditures which are in the form of Title 45 of the Code of Federal Regu­ of money payments, payments in kind, Subpart 1727— Designation of Areas lations as set forth below. or such other payments as the State and Sites agency specifies, including loans and § 233.120 Emergency assistance to needy vendor payments, or medical or remedial D esig na tio n o f N ational R esource families with children. care recognized under State law, with L ands (a) Requirements for State plans. A respect to or on behalf of individuals The purpose of this amendment is to State plan under Title IV, Part A, of the described in subparagraph (1) of this provide for the designation of national Social Security Act, providing for emer­ paragraph: and 50 percent of the total resource lands. Such designation will gency assistance to needy families with amount expended for administration, in­ provide easy identification of these areas children must: cluding costs incurred in determining and help in familiarizing the public with (1) Specify the eligibility conditions eligibility, in the payment process, and lands administered by the Bureau of imposed for the receipt of emergency for other related administrative activi­ Land Management under principles of assistance. These conditions may be more ties; multiple use and sustained yield. liberal than those applicable to other (ii) 75 percent of the total amount of It is the policy of the Department of parts of the plan. (See paragraph (b) (1) such expenditures which are for the fol­ the Interior, whenever practicable, to af­ of this section for scope of Federal lowing services provided to individuals ford the public an opportunity to partici­ financial participation.) described in subparagraph (1) of this pate in the rule making process. How­ (2) Specify if migrant workers with paragraph, directly by staff of the ever, that practice is deemed unneces­ families will be included and, if emer­ agency, or by purchase from other sary in this case because the amendment gency assistance will not be available to sources: Information, referral, counsel­ is procedural in nature and imposes no them Statewide, the part or parts of the ing, securing family shelter, child care, new requirements on any individual. Ac­ State in which it will be provided. legal services, and any other services that cordingly, this amendment shall become meet needs attributable to the emergency (3) Specify the emergency needs that or unusual crisis situations. effective on publication in the F ederal will be met, whether mass feeding or R eg ister. (3) Federal matching is available only clothing distribution are included, and for emergency assistance which the State A new subparagraph is added to the methods of providing payments, authorizes during one period of 30 con­ § 1727.1(b) to read as follows: medical care, and other remedial care. secutive days in any 12 consecutive § 1727.1 Areas or sites that may be (4) Specify which of the following months, including payments which are designated. services will be provided: Information, to meet needs which arose before such * * * * * referral, counseling, securing family 30-day period or are for such needs as (b) * * * shelter, child care, legal services, and rent which extend beyond the 30-day (5) National resource lands. Theseany other services that meet needs at­ period. Another condition for Federal are relatively large areas of land, gen­ tributable to the emergency or Unusual participation is that the State has a rea­ erally more than half of which is man­ crisis situations. sonable method of determining the value aged by the Bureau of Land Manage­ (5) Provide that emergency assistance of goods in kind or services provided for ment under principles of multiple-use will be given forthwith. emergency assistance. and sustained yield of the several prod­ (b) Federal financial participation. (Sec. 1102, 49 Stat. 647; 42 U.S.C. 1302) ucts and services obtainable therefrom, Beginning with the effective date of ap­ Effective date. The regulations in this as defined and prescribed in the Classifi- proval of the amendment to the State section shall be effective on the date

FEDERAL REGISTER, VOL. 34, NO. 7— FRIDAY, JANUARY 10, 1969 394 RULES AND REGULATIONS of their publication in the F ederal trict of Columbia, New Hampshire, Washington, D.C. 20591, together with R eg ister. Washington, and Guam, the Coast the fee prescribed by § 171.17-1 in the Guard issues certificates of number to form of a personal check or money order Dated: December 27,1968. certain undocumented vessels as re­ made out to the “United States Coast M ary E . S w it z e r , quired by section 3 of the Federal Boat­ Guard”, or cash if presented in person in Administrator, Social and ing Act of 1958, as amended (46 U.S.C. Washington, D.C. Rehabilitation Service. 527a). Elsewhere the States, territories 3. Section 171.10-5 is amended to Approved: January 3,1969. and possessions issue certificates of num­ make the text consistent with the revised ber to undocumented vessels under Coast application form now in use, to give a W ilbu r J. C o h e n , Guard approved numbering systems. better statistical breakdown of informa­ Secretary. The amendments to 46 CFR Parts 171 tion and to provide information desired [F.R. Doc. 69-334; Filed, Jan. 9, 1969; and 173 in this document are to have the by the Federal Bureau of Investigation 8:48 a.m.] regulations reflect practices and proce­ for use in National Crime Information dures followed after transfer of the Coast Center listings, by changing certain de­ Guard to Department of Transportation, scriptions of desired information, and to provide additional information de­ by adding requirements for “hull serial Title 46— SHIPPING sired by the Federal Bureau of Investiga­ number (if any)” and “reason for appli­ tion for use in National Crime Informa­ cation.” As amended, § 171.10-5 reads as Chapter I— Coast Guard, Department tion Center listings, to have the owner follows : of Transportation of an undocumented vessel to notify the cognizant officials in the State where § 171.10—5 Application requirements. SUBCHAPTER S— NUMBERING OF UNDOCU­ numbered when he has such vessel docu­ The application for a number shall in­ MENTED VESSELS, STATISTICS ON NUMBERING, mented, and to state the compilation of clude the following : AND “ BOATING ACCIDENT REPORTS” AND statistics on numbering and accidents is (a) Name and address of owner. ACCIDENT STATISTICS on an annual basis, as of December 31st. (b) Date of birth of owner. [CGFR 68-156] It has been determined that the revised (c) Present citizenship of owner. information desired is necessary for PART 171— STANDARDS FOR (d) State in which the vessel is prin­ efficient administration or law enforce­ cipally used. NUMBERING ment purposes. In the administration of (e) Present bow number (if any). functions under the Federal Boating Act (f) Hull material (wood, steel, alu­ PART 173— BOATING ACCIDENTS, of 1958, certain internal changes have REPORTS, AND STATISTICAL IN­ minum, fiber-glass/plastic, other). been made at Coast Guard Headquarters (g) Type of propulsion (outboard; FORMATION and an Office of Boating Saf ety has been inboard; outboard-inboard; sail only; established. auxiliary sail: Outboard, inboard; Practices, Procedures, and Required By virtue of the authority vested in me Forms other). as Commandant, U.S. Coast Guard, by (h) Type of fuel (gas, diesel, other). The Federal Boating Act of 1958, as section 633 of title 14, United States (i) Length of vessel. amended (46 U.S.C. 527-527h), requires Code, and the delegations of the Secre­ ( j ) Make and year built (if known). the numbering of undocumented vessels tary of Transportation in the rules (k) Hull serial number (if any). (primarily recreational craft), establish­ designated 49 CFR 1.4, the following (l) Statement as to use (pleasure, liv­ ment and maintenance of a Federal amendments are prescribed pursuant to ery, dealer, manufacturer, commerical- numbering system for undocumented the laws cited with the regulations below, passenger, commerical-fishing, commer­ vessels, notices about changes in status to be effective on and after April 1,1969: cial-other) . of undocumented vessels by owners in­ Part 171 is amended as follows: (m) Reason for application (original cluding sales of such vessels, enforce­ Subpart 171.10— Application for number, renewal of number, change of ment of laws requiring numbering or Number State of principal use, transfer of owner­ otherwise relating the use of undocu­ ship (other than a lien holder), lien mented vessels, and information and 1. Since the practice of requiring sub­ holder possession). statistics with respect to numbering, mission of applications to the Coast (n) A certification of ownership by boating accident reports, and accident Guard “through the Post Offices” was the applicant. statistics. All the functions, powers, and discontinued and fees are no longer paid duties of the Secretary of the Treasury for by boating stamps, § 171.10-1 (a) (1) (o) Signature of owner, and of other officers and offices in the is amended to read as follows: 4. Section 171.10-20 is amended by Department of the Treasury in the Fed­ changing paragraphs (a) and (c) to eral Boating Act of 1958 were transferred § 171.10—1 To whom made. show organizational changes, to permit to the Secretary of Transportation by (a) * * * payment of fees by cash, and to correct the Department of Transportation Act (1) Those States in which applications information about renewal applications. (49 U.S.C. 1651-1659). By rules in 49 shall be submitted directly to the Com­ As amended, § 171.10-20 (a) and (c) read CFR 1.4 the Secretary of Transportation mandant (BBL), U.S. Coast Guard, as follows: delegated to the Commandant, U.S. Washington, D.C. 20591, are as follows: Coast Guard, authority to exercise cer­ Alaska. § 171.10—20 Renewal of numbers. tain functions, powers, and duties de­ District of Columbia. (a) Numbers issued to owners of un­ scribed in such act (49 U.S.C. 1955). Ef­ New Hampshire. documented vessels pursuant to the regu­ fective April 1, 1967, the Commandant, Washington. lations in this part shall be renewed not U.S. Coast Guard, by a notice published * * * * * later than the expiration dates shown in the F ederal R egister (32 F.R. 5611), 2. To show organization changes and on the Certificates of Number. The num­ continued in effect the orders, rules, reg­ to permit payment of fees by cash, ber may be. renewed at any time within ulations, policies, procedures, privileges, § 171.10-2 (b) is amended te read as the 90-day period preceding the expira­ waivers, and other actions which had follows: tion date on the Certificate of Number. been made, allowed, granted, or issued § 171.10—2 Procedures for making ap­ However, the renewal application should prior to April 1, 1967, until modified, ter­ plication to the Coast Guard. be received by the Coast Guard 60 days minated, repealed, superseded, or set * * * * * prior to the expiration date shown on aside by appropriate authority. (b) The owner of any undocumented the Certificate of Number. The owner A review was made of the require­ vessel required to be numbered by the shall submit the renewal application to Coast Guard shall complete the Applica­ the Commandant (BJBL), U.S. Coast ments, policies, practices, and procedures tion for Number (Form CG-3876) and Guard, Washington, D.C; 20591, together followed in the administration of the the temporary certificate (Form CG- with the fee prescribed by § 171.17-1 in Federal Boating Act of 1958 and its im­ 3876A) and submit them to the Com­ the form of a personal check or money plementing regulations. In Alaska, Dis­ mandant (BBL), U.S. Coast Guard, order made out to the “United States

FEDERAL REGISTER, VOL. 34, NO. 7— FRIDAY, JANUARY 10, 1969 RULES AND REGULATIONS 395

Coast Guard,” or cash if presented in cial-passenger, commercial-fishing, com­ or from any Coast Guard Marine Inspec­ person in Washington, D.C. mercial-other) . tion Office. If the Certificate of Number ***** (i) Number awarded to vessel. is lost or destroyed, a description of such (c) Should an owner of a vessel num­ (j) Expiration date of certificate. circumstances shall be reported as re­ bered pursuant to the regulations in this (k) Notice to the owner that the oper­ quired by § 171.10-25. part fail to receive the “Application for ator shall: * * * * 4s Number” Form CG-3876, as described in (l) Always carry this certificate on 10. Section 171.15-21 (c) is amended to paragraph (b) of'this section, 60 days vessel when in use. provide for reporting of change in status prior to the expiration date on his Certif­ (2) Report every accident involving of vessel when it is documented. As icate of Number, he shall obtain an “Ap­ injury or death to persons, or property amended, § 171.15-21 (c) reads as fol­ plication for Number” from one of the damage over $100. lows: sources as described in § 171.10-2, and (3) Stop and render aid or assistance shall complete it in the manner described if involved in boating accident. § 171.15—21 Notification of changes re­ in the instructions set forth on the b^,ck (1) Notice to the owner that he shall quired by owners of vessels numbered of the form. report within 15 days changes of owner­ by the Coast Guard in States listed in ship or address, and documentation, § 171.10-1 (a) (2). 4c 4 * * * destruction or abandonment of vessel. 4c 4< * * * § 171.10-25 [Amended] § 171.15-2 [Deleted] (c) When a Coast Guard numbered 5. Section 171.10-25 Lost or destroyed vessel is lost, destroyed, abandoned, certificate of number for vessels num­ 8. Since the information required on documented, or transferred to another bered in States listed in § 171.10-1 (a) (1) Certificates of Number are the same if person, the certificate of number issued is amended by changing the organiza­ issued by the Commandant (BBL) or by for the vessel shall be surrendered to the tion designation and address in the first a field office of the Coast Guard, § 171.15- appropriate Coast Guard office listed in sentence of paragraph (a) from “Com­ 2 Information required on certificate § 171.10-3 (a) within , 15 days after such mandant (OLE-3), U.S. Coast Guard, issued for vessels numbered by the Coast event. When the numbered vessel is lost, Washington, D.C. 20226” to “Comman­ Guard in States listed in § 171.10-1 (a) destroyed, abandoned, documented, or dant (BBL), U.S. Coast Guard, Wash­ (2) is deleted. (See § 171.15-1 for revised transferred to another person, the owner ington, D.C. 20591.” requirements.) shall within 15 days after such event 6. To show organization changes and 9. Section 171.15-20 is amended by notify that office in writing. This writ­ to permit payment of fees by cash, changing paragraphs (b) and (c) to show ten notification may be on Form CG- § 171.10-30 (b) is amended to read as organizational changes, and to provide 3921 (Notification of change in status of follows: for reporting of change in status of ves­ vessel), which is available upon request sel when it is documented. As amended, from that office. If the Certificate of § 171.10—30 Duplicate certificate of § 171.15-20 (b) and (c) read as follows: num ber. Number is lost or destroyed, a descrip­ * * * 4c * § 171.15—20 Notification of changes re­ tion of such circumstances shall be re­ quired by owners o f vessels num bered ported as required by § 171.10-26. (b) The owner shall complete the ap­ in States listed in § 171.10—1(a) (1). 4c 4c 4c 4 : 4c plication for a duplicate certificate of * * * « * number (Form CG-3919) and the tem­ 11. Section 171.15-30(b) (3) is amended porary duplicate certificate of number (b) When the owner of a Coast Guard to show an organizational change. As (Form CG-3919A), and submit them to numbered vessel changes his address amended, § 171.15-30(b) (3) reads as from that shown on his certificate, but follows: the Commandant (BBL), U.S. Coast does not change the State in which the Guard, Washington, D.C. 20591, together vessel is principally used, he shall notify § 171.15—30 Cancellation of certificate with the fee prescribed by § 171.17-1 in in writing the Commandant (BBL), U.S. and voiding of number. the form of a personal check or money Coast Guard, Washington, D.C. 20591, of 4c 4c 4c 4c 4c order made out to the “United States his new address within a period not to 4c 4e 4c Coast Guard”, or cash if presented in exceed 15 days from such change. This (3) Issuance of a marine document by person in Washington, D.C. written notification should be on Form the Coast Guard for the same vessel. * * * 4c * CG-3920 (change of address notice), 4c 4c 4c * 4c Suhpcsrt 171.15— Certificate of which is available upon request from any Subpart 171.17— Fees and Charges Number Post Office which handles applications for certificates of number (see § 171.10- 12. Section 171.17-5 is amended to per­ 7. Section 171.15-1 is amended to be 2), or from any Coast Guard Marine In­ mit payment of required fees in cash consistent with the information required spection Office. when presented in person. As amended, in the application and by § 171.10-5. As (c) When a Coast Guard numbered § 171.17-5 reads as follows: amended, § 171.15-1 reads as follows: vessel is lost, destroyed, abandoned, doc­ umented, or transferred to another per­ § 171.17—5 Method of payment of fees § 171.15—1 Information required on in States listed in § 171.10—1(a) (1). certificates issued for vessels num­ son, the Certificate of Number issued for bered in States listed in § 171.10—1 the vessel shall be surrendered to the (a) The fee for original numbering (a) (1) and (2). Commandant (BBL), U.S. Coast Guard, shall be paid by personal check or money The Certificate of Number shall in­ Washington, D.C. 20591, within a pe­ order made out to the “United States clude the following: riod not to exceed 15 days after such Coast Guard,” which shall accompany (a) Name and address of owner. event. When the numbered vessel is lost, the application for number (Form CG- (b) Hull material (wood, steel, alumi­ destroyed, abandoned, documented, or 3876) and the temporary certificate transferred to another person, the owner (Form CG-3876A), or cash if presented num, fiber-glass/plastic, other). in person in Washington, D.C. (See (c) Type of propulsion (outboard; in­ shall within 15 days after such event no­ board; outboard-inboard; sail only; aux­ tify in writing the Commandant (BBL), §§ 171.10-2 and 171.17-1 (b) (1) for pro­ iliary sail: Outboard, inboard; other). U.S. Coast Guard, Washington, D.C. cedures for submission of applications 20591, of the change in the status of the for number and fees.) (d) Type of fuel (gas, diesel, other). vessel. This written notification should (b) The fees for reissue of lost or de­ (e) Length of vessel. be on Form CG-3921 (Notification of stroyed certificate of number (duplicate (f) Make and year built (if known). change in status of vessel), which is certificate of number) shall be paid by (g) Hull serial number (if any). available upon request from any Post personal check or money order made out (h) Statement as to use (pleasure, Office which handles applications for to the “United States Coast Guard,” livery, dealer, manufacturer, commer­ Certificates or Number (see § 171.10-2), which shall accompany the application

FEDERAL REGISTER, VOL. 34, NO. 7— FRIDAY, JANUARY 10, 1969 396 RULES AND REGULATIONS for duplicate certificate of number (Form 46 U.S.C. 526Z, 526p, 527d, 527g, 49 U.S.C. CG-3919A), or cash if presented in per­ 1655(b); 49 CFR 1.4(a) (2) and (f)) son in Washington, D.C. (See §§ 171.10- Dated: January 6,1969. 30 and 171.17-1 (b) (2) for procedures for submission of applications for duplicate W . J . S m it h , certificates of number and fees.) Admiral, U.S. Coast Guard, (c) The fee for renewal of number Commandant. shall be paid by personal check or money [F.R. Doc. 69-340; Filed, Jan. 9, 1969; order made out to the “United States 8:49 a.m.] Coast Guard” and shall accompany the renewal application or Form CG-3876 and CG-3876A, or cash if presented in person in Washington, ' D.C. (See Title 47— TELECOMMUNICATION §§ 171.10-20 and 171.17-1 (b) (3) for pro­ cedures for submission of applications Chapter I— Federal Communications for renewal of number and fees.) Commission (Sec. 7, 72 S tat. 1757, sec. 6 (b )(1 ), 80 Stat. PART 74— EXPERIMENTAL, AUXIL­ 938; 46 U.S.C. 527d, 49 U.S.C. 1655(b), 49 CFR 1.4(a) (2) and (f) ) IARY, AND SPECIAL BROADCAST AND OTKER PROGRAM DISTRIBU­ Part 173 is amended as follows: TIONAL SERVICES Subpart 173.05— Statistics Required Logging Requirements for Obstruction § 173.05-5 [Amended] Marking and Lighting of Antenna 13. Section 173.05-5 Reports with re­ Structures; Correction spect to numbered vessels is amended by changing in the introductory sentence The order in the above-captioned mat­ the phrase from “June 30 and December ter released December 23, 1968, and published in the F ederal R eg ister on 31” to “December 31.” (This changes the December 27, 1968, 33 F.R. 19821, is cor­ rule to agree with present practices.) rected by deleting “74.481(b)” from In­ § 173.05-10 [Amended] struction 4 and inserting in lieu thereof 14. Section 173.05-10 Reports with re­ “74.481(a) (6)”. spect to boating accidents is amended by Released: January 7,1969. changing in the introductory sentence F ederal C ommunications the phrase from “June 30 and Decem­ C o m m is sio n , ber 31” to “December 31.” (This changes [seal] B en F . W aple, the rule to agree with present practices.) Secretary. (Secs. 13, 17, 54 S tat. 166, as am ended, secs. [F.R. Doc. 69-320; Filed, Jan. 9, 1969; 7, 10, 72 S tat. 1757, sec. 6(b) (1), 80 S tat. 938; 8:47 a.m.]

FEDERAL REGISTER, VOL. 34, NO. 7— FRIDAY, JANUARY 10, 1969 397 Proposed Rule Making

Durum first clears may approximate 1.25 § 777.3 Definitions. DEPARTMENT OF THE TREASURY percent and it appears that there is a * * * * * possibility that first clears could be sold Internal Revenue Service (U) “Flour second clears,” means * * *. as flour second clears under the present Flour second clears produced from [ 26 CFR Part 1 1 definition. Durum wheat or from a mixture which (2) The registration requirements of INCOME TAX includes more than 20 percent Durum § 777.6 be amended so that it shall no wheat shall have an ash content of 1.35 Certain Restricted Stock and Other longer be necessary to register any plant percent or more. * * * which is used solely for processing wheat * * * * * Property; Change of Date into nonfood products. This section is Notice is hereby given that the date also clarified to require that notification 2. Section 777.6(a) is amended to June 30, 1969, should be substituted for be given the Director when the ownership read as follows: October 26, 1968, wherever it appears in of a plant changes. This change and § 777.6 Registration of processors. the regulations relating to the receipt of clarification is being made to aid. in the certain stock and other property which administration of the program. (a) Time of registration. Any person were published with notice of proposed (3) Processors who have entered into who processes wheat into a food product rule making in tentative form on Octo­ an undertaking with CCC, as provided in (except a person who processes wheat in ber 26, 1968, in F.R. Doc. 68-13135, 33 § 777.11(b) of these regulations, be re­ his home solely for family use in his home F.R. 15870. and a person who processes wheat on a quired to purchase marketing certificates farm solely for use on such farm ), shall [seal] S heldon S . C o h e n , on or before the 30th calendar day after register with the Director by making the Commissioner of Internal Revenue. the end of the processing report period during which the wheat was processed. report required by paragraph (b) of this [F.R. Doc. 69-330; Piled, Jan. 9, 1969; section by May 30, 1964, or such later 8:48 a.m.] The following considerations were given date as may be approved by the Director for changing this provision, (1) the De­ in writing. Any such person who begins partment should not be competing with such processing operations subsequent commercial banks and other lending to May 30, 1964, and who is not regis­ DEPARTMENT OF AGRICULTURE firms by providing operating funds for tered, Shall register not later than the 30 days at 6 percent interest; and (2) date he commences operations or such Agricultural Stabilization and such a change is desirable for closer later date as may be approved in writing Conservation Service administration of the program. by the Director for good cause shown. (4) The method to compute the cost Any person who has registered with the [ 7 CFR Part 777 ] of certificates with respect to processors Director and who modifies his operations, reporting in the absence of an under­ such as by opening and closing plants PROCESSOR WHEAT MARKETING taking be changed. Such change would CERTIFICATE REGULATIONS subsequent to the date of his registra­ provide that whenever interest is appli­ tion, or beginning to process food prod­ Notice of Proposed Rule Making cable, it shall be computed from the first ucts, shall give notice of. such change day of the reporting period in which the to the Director not later than the date Notice is hereby given pursuant to food products were either sold, removed he modifies his operations. Notification section 4a, Administrative Procedure Act for sale, or removed for consumption shall also be given the Director if there (60 Stat. 238, 5 U.S.C. 553), that the (whichever occurred first) irrespective is a change in ownership of the plant Agricultural Stabilization and Conserva­ of when Such food products were proc­ not later than the date of such change is tion Service proposes to issue amend­ essed. At the present, interest is com­ effective. ment 1 to the republication of the puted from the first day of the report 9k * * * * Processor Wheat Marketing Certificate period in which the food product was Regulations (33 F.R. 14676). 3. Section 777.11 is amended by chang­ processed. In connection with the fore­ ing paragraphs (b) (1) and (c) to read Consideration will be given to all writ­ going, the period in which certificates as follows: ten comments or suggestions in connec­ can be purchased without interest shall tion with the proposed amendment filed also be changed. § 777.11 Time and manner of acquiring in duplicate with the Director, Commod­ and surrendering certificates. ity Operations Division, Agricultural (5) Section 777.11(c), Purchase of ***** Stabilization and Conservation Service, certificates in absence of undertaking, be (b) Undertaking to secure purchase U.S. Department of Agriculture, Wash­ revised to include in one section, all the and payment. * * * ington, D.C. 20250, during the 30-day requirements for processors reporting on (1) He will acquire certificates from period beginning with the date this no­ such method. This revision should result CCC and surrender the certificates for tice is published in the F ederal R eg ister. All written submissions made pursuant in these provisions being more clearly the wheat processed into food products, to this notice will be made available for stated. Accordingly §§ 777.13 and 777.14 as required under the regulations of this are also changed by transferring the part on or before the 30th calendar day public inspection in the Office of the Di­ after the close of the processing report rector at the above address during regu­ paragraphs applicable to additional re­ period during which the wheat was proc­ lar business hours (7 CFR 1.27(b)). ports required when reporting in the ab­ essed or such later date as may be ap­ It is proposed that the following sence of an undertaking to § 777.11. proved by the Administrator for good changes be made: The proposed amendment of 7 CFR cause shown by the food processor. (1) The minimum ash requirement for ***** flour second clears produced from Durum Part 777 would read as follows:. wheat or from a mixture which includes L Section 777.3 (u) is amended by (c) Purchase of certificates in absence more than 20 percent Durum wheat be changing the ash requirement of Durum of undertaking. (1) Except as provided in raised to 1.35 percent. This change is flour second clears from 1.25 percent to paragraph (b) of this section, the food deemed necessary as an audit completed processor must acquire certificates and 1.35 percent. Accordingly the third sen­ surrender such certificates to CCC on or by the Office of Inspector General dis­ tence of this paragraph (u) is changed before the 15th calendar day after the closed that the maximum ash content of to read as follows: end of the processing report period, or

FEDERAL REGISTER, VOL. 34, NO. 7— FRIDAY, JANUARY 10, 1969 398 PROPOSED RULE MAKING such later date as may be approved in paragraph (c) and reporting the quan­ 5. Section 777.14 is amended by chang­ writing by the Administrator for good tity of wheat processed into food products ing paragraph (f) to read as follows: cause shown, for all food products sold, on the basis of the weight of wheat or removed for sale or consumption from processed shall supplement each Form § 777.14 Conversion factor basis of the processing plant, during the process­ CCC-160 with a statement showing: (a) reporting. ing report period. (Where reference is The quantity (in cwt.) and name of * * * * * made to all food products sold or re­ food products processed in the report­ (f) Additional reports in absence of an moved for sale or consumption in this ing period covered by the form, (b) the undertaking. Food processors who pur­ section, it shall be deemed to refer to quantity (in cwt.) and the name of food chase certificates in accordance with all food products sold, removed for sale products sold and removed for sale or § 777.11(c) shall supplement each Form or removed for consumption from the consumption during such period, (c) the CCC-159 with a statement containing processing plant (whichever occurred reporting period in which the food the information required by such section. first).) product(s) specified in (b) of this sub­ (2) The cost of certificates acquired division were processed, and (d) the Signed at Washington, D.C., on Jan­ from CCC shall be as provided in sub­ wheat equivalent in bushels of such food uary 6, 1969. divisions (i) and (ii) of this subpara­ product (s) calculated by using the E. A. J a en ke, graph. actual conversion factor experienced in Acting Administrator, Agricul­ (i) The food processor may acquire the reporting period in which processed tural Stabilization and Con­ certificates from CCC at face value to (bushels of wheat processed into food servation Service. the extent that he acquires and surren­ products divided by cwt. of food products [F.R. Doc. 69-341; Filed, Jan. 9, 1969; ders certificates not later than the last produced). The processor’s Form CCC- 8:49 a.m.] day of each processing report period (as 160 for the first period not covered by determined under § 777.12) to cover the an undertaking shall also include a state­ estimated quantity of wheat used in the ment showing the quantity of food prod­ processing of food products sold or re­ ucts remaining in inventory from the DEPARTMENT OF COMMERCE moved for sale or consumption during previous reporting period (s) and the the report period. If the certificates ac­ wheat equivalent of such product(s). Office of the Secretary quired and surrendered as provided in For the purpose of determining the re­ [ 15 CFR Part 7 1 this subparagraph are equal to 90 per­ port period in which a food product was cent or more of the certificates required processed, sales and removals shall be CARPETS AND RUGS to cover the wheat used in processing applied to quantities processed on a first food products sold or removed for sale produced, first sold and removed basis. Notice of Extension of Time for or consumption during the report period, The face value of the certificates and the Filing Comments any additional certificates may be ac­ interest charges shall be shown sepa­ On December 3, 1968, there was pub­ quired from CCC at face value if acquired rately on the report. lished in the F ederal R egister (33 F.R. and surrendered to CCC not later than (ii) Processors reporting on the con­ 17921), a notice of finding that a flam­ the 15th calendar day after the end of version factor basis. Food processors who mability standard or other regulation, the processing report period, or such purchase certificates in accordance with including labeling, may be needed for later date as may be approved in writing this paragraph (c) and who report the carpets and rugs and institution of pro­ by the Administrator for good cause quantity of wheat processed into food ceeding for the development of an appro­ shown. The cost of any certificates pur­ products on a food product conversion priate flammability standard or other chased from CCC after such date to factor basis shall supplement each Form regulation. cover wheat used in processing the food CCC-159 with a statement showing (a) Interested persons were afforded 30 products sold or removed for sale or con­ the quantity (in cwt.) and name of food days from the date of publication within sumption during the report period shall products sold or removed for sale or con­ which to submit written comments or be the face value thereof plus interest at sumption during the period covered by suggestions to the Assistant Secretary for 6 percent per annum starting on the the form, (b) the quantity of wheat used Science and Technology relative to (1) first day of the processing report period in the production of such food products, the finding that a flammability standard in which the food products were sold or (c) the conversion factor(s) used in mak­ or other regulation, including labeling, removed for sale or consumption until ing such determination, and (d) the re­ may be needed; and (2) the terms or sub­ the date of surrender of the certificates. porting period in which the food products stance of a flammability standard or (ii) If the certificates acquired and were processed. The processor’s Form other regulation, including labeling, that surrendered to CCC by the food proces­ CCC-159 for the first period not covered might be adopted in the event that a sor as provided in subdivision (i) of this by an undertaking shall include a state­ final finding is made by the Secretary of subparagraph are less than 90 percent ment showing the products and the Commerce that such a standard or other of the certificates required to cover the wheat equivalent in bushels of the prod­ regulation is needed to adequately pro­ wheat used in processing food products ucts in inventory at the beginning of the tect the public against unreasonable risk sold or removed for sale or consumption period. For the purpose of determining of the occurrence of fire leading to death, during the processing report period, or the report period in which a food product injury, or significant property damage. if the food processor does not acquire and was processed, sales and removals shall Following publication of the above surrender certificates as provided in sub­ be applied to quantities processed on a notice, a number of requests for an ex­ division (i) of this subparagraph, the first produced, first sold and removed tension of the time for filing comments cost of any certificates purchased from basis. The face value of the certificates CCC subsequent to the last day of the and the interest charges shall be shown have been received. As the Department of processing report period to cover the separately on the report. Commerce is concerned that it receive wheat used in processing food products $ $ $ ♦ ♦ adequate and deliberative responses rep­ sold or removed for sale or consumption 4. Section 777.13 is amended by chang­resenting the considered views and during the processing report period will ing paragraph (b) to read as follows: recommendations of interested persons, be the face value of the certificates plus the period of time for filing comments or interest at 6 percent per annum from the § 777.13 Weight of wheat basis of re­ first day of the report period in which porting. suggestions in the instant proceeding is the food products were sold or removed * * * * * hereby extended until February 3, 1969. for sale or consumption until the date (b) Additional reports in absence of an Issued: January 6, 1969. of surrender of the certificates. undertaking. Food processors purchasing (3) Additional reports in absence of J o h n F . K incaid, an undertaking. certificates in accordance with § 777.11 Assistant Secretary (i) Processors reporting on the weight (c) shall supplement each Form CCC-160 for Scienee and Technology. of wheat basis. Food processors purchas­ with a statement containing the infor­ [F.R. Doc. 69-292; Filed, Jan. 9, 1969; ing certificates in accordance with this mation required by such section. 8:45 a.m.]

FEDERAL REGISTER, VOL. 34, NO. 7— FRIDAY, JANUARY 10, 1969 PROPOSED RULE MAKING 399

pint, and fluid ounce subdivisions Interstate Air Quality Control Region as DEPARTMENT OF HEALTH, EDU­ thereof. set forth in the following new § 81.20 Any interested person may, within 60 which would be added to Part 81 of Title CATION, AND WELFARE days from the date of publication of this 42, Code of Federal Regulations. It is Food and Drug Administration notice in the F ederal R eg ister, file with proposed to make such designation effec­ the Hearing Clerk, Department of tive upon republication. [ 21 CFR Part 1 ] Heath, Education, and Welfare, Room Interested persons may submit written 5440, 330 Independence Avenue SW., data, views, or arguments in triplicate PICKLE PRODUCTS Washington, D.C. 20201, written com­ to the Office of the Commissioner, Na­ Standardization of Quantity of Con­ ments (preferably in quintuplicate) re­ tional Air Pollution Control Administra­ tion, Ballston Center Tower II, Room tents Declaration in Terms of garding this proposal. Comments may be accompanied by a memorandum or brief 905, 801 North Randolph Street, Arling­ Volume in support thereof. ton, Va. 22203. All relevant material re­ ceived not later than 30 days after the In section 2 of the Fair Packaging and Dated: January 2, 1969. Labeling Act (Public Law 89-755; 80 Stat. publication of this notice will be 1296), which sets forth the intent of Con­ J . K . K ir k , considered. gress in enacting that legislation, it is Associate Commissioner Interested authorities of the States of stated that “Packages and their labels for Compliance. Ohio, Kentucky, and Indiana, and ap­ should enable consumers to obtain ac­ [F.R. E>oc. 69-332; Filed, Jan. 9, 1969; propriate local authorities, both within curate information as to the quantity of 8:48 a.m.] and without the proposed region, who the contents and should facilitate value are affected by or interested in the pro­ comparisons.” Section 4 of that act sets posed designation, are hereby given no­ forth specific requirements for declaring [ 21 CFR Part 128 1 tice of an opportunity to consult with representatives of the Secretary concern­ quantity of contents. HUMAN FOODS; CURRENT GOOD To implement such requirements, ing such designation. Such consultation § L8b(a) of the regulations for the en­ MANUFACTURING PRACTICE (SAN­ will take place at the Federal Office forcement of said act prescribes that ITATION) IN MANUFACTURE, Building, Room 8016, 550 Main Street, “Whenever the Commissioner determines PROCESSING, PACKING, OR HOLD­ Cincinnati, Ohio 45202, beginning at 10 that an existing practice of declaring net ING a.m., January 27,1969. quantity of contents by weight, measure, Mr. Doyle J. Borchers is hereby des­ numerical count, or a combination in the Extension of Time for Filing Comments ignated as Chairman for the consul­ case of a specific packaged food does not The proposal to promulgate Part 128— tation. The Chairman shall fix the time, facilitate value comparisons by con­ Human foods; current good manufactur­ date, and place of later sessions and sumers and offers opportunity for con­ ing practice (sanitation) in manufacture, may convene, reconvene, recess, and sumer confusion, he will by regulation processing, packing, or holding, pub­ adjourn the sessions as he deems ap­ designate the appropriate term or terms lished in the F ederal R egister of Decem­ propriate to expedite the proceedings. to be used for such commodity.” ber 20, 1968 (33 F.R. 19023), provided State and local authorities wishing to A situation in the pickle industry that for the filing of comments thereon within participate in the consultation should fosters consumer confusion has come to 30 days of its publication date. notify the Office of the Commissioner, the attention of the Commissioner of The Commissioner of Food* and Drugs National Air Pollution Control Admin­ Food and Drugs. For sliced pickles and has received a request for an extension istration, Ballston Center Tower II, pickle relish, twO methods are now being of such time and, good reason therefor Room 905, 801 North Randolph Street, used to declare quantity of contents—by appearing, the time for filing comments Arlington, Va. 22203, of such intention weight and by volume. (In the case of one regarding proposed Part 128 is extended by January 20,1969. or two pickles packed in transparent to February 18, 1969. A report prepared for the consulta­ sealed plastic bags, however, a single This action is taken pursuant to the tion, entitled “Report for Consultation method of declaration by count is being provisions of the Federal Food, Drug, on the Metropolitan Cincinnati Inter­ used.) For many years most packers of and Cosmetic Act (secs. 402(a)(4), state Air Quality Control Region,” is pickle products have declared the quan­ 701(a), 52 Stat. 1046, 1055; 21 U.S.C. available upon request to the Office of tity of contents in terms of volume. The 342(a) (4), 371(a)) and under authority the Commissioner. declaration in terms of volume provides delegated to the Commissioner (21 CFR In Part 81 a new § 81.20 is proposed to the consumer with accurate information 2.120). be added to read as follows: and facilitates value comparisons. Dated: December 30, 1968. § 81.20 Metropolitan Cincinnati Inter- Therefore, the Commissioner on his * state Air Quality Control Region. own initiative proposes that the declara­ J . K . K ir k , tion of quantity of contents be made uni­ Associate Commissioner The Metropolitan Cincinnati Inter­ form in volumetric terms on such for Compliance. state Air Quality Control Region con­ products. [F.R. Doc. 69-333; Filed, Jan . 9, 1969; sists of the territorial area encompassed Accordingly, pursuant to the provi­ 8:48 a.m.] by the boundaries of the following ju­ sions of the Fair Packaging and Labeling risdictions (including the territorial Act (secs. 4, 5(a), 6(a), 80 Stat. 1297- 1300; 15 U.S.C. 1453-55) and the Fed­ Public Health Service area of all municipalities (as defined in section 302(f) of the Clean Air Act, eral Food, Drug, and Cosmetic Act (sec. [ 42 CFR Part 81 ] 701, 52 Stat. 1055, as amended; 21 U.S.C. 42 U.S.C. 1857(f)) geographically lo­ 371), and under authority delegated to AIR QUALITY CONTROL REGIONS cated within the outermost boundaries the Commissioner (21 CFR 2.120), it is of the area so delimited); proposed that § 1.8b be amended by add­ Notice of Proposed Designation of Metropolitan Cincinnati Interstate In the State of Ohio: ing thereto a new paragraph, as follows: Clermont County. § 1.8b Food labeling; declaration of net Air Quality Control Region; Con­ Hamilton County. quantity of contents; when exempt. sultation With Appropriate State In th e Com m onw ealth of K entucky: and Local Authorities Boone County. ***** Cambell County. (r) The declaration of net quantity of Pursuant to authority delegated by the Kenton County. contents on pickles and pickle products, Secretary and redelegated to the Com­ In the State of Indiana: including relishes but excluding one or missioner of the National Air Pollution Dearborn County. two whole pickles in clear plastic bags, Control Administration (33 F.R. 9909), This action is proposed under the au­ shall be expressed in terms of the U.S. notice is hereby given of a proposal to thority of sections 107(a) and 301(a) of gallon of 231 cubic inches and quart, designate the Metropolitan Cincinnati of the Clean Air Act, section 2, Public

No. 7- FEDERAL REGISTER, VOL. 34, NO. 7— FRIDAY, JANUARY 10, 1969 400 PROPOSED RULE MAKING

Law 90-148, 81 Stat. 490, 504, 42 U.S.C. In Part 81 a new § 81.21 is proposed An official docket will be available for 1857c-2(a), 1857g(a) to be added to read as follows: examination by interested persons at the Federal Aviation Administration, Office Dated: January 8,1969. § 81.21 The San Franciseo Bay Area Intrastate Air Quality Control Region. of the General Counsel, Attention: Rules J o h n T. M iddleton, Docket, 800 Independence Avenue SW., Commissioner, National Air Pol­ The San Francisco Bay Area Intra­ Washington, D.C. 20590. An informal lution Control Administration. state Air Quality Control Region consists docket also will be available for exami­ of the territorial area encompassed by [F.R. Doc. 69-386; Filed, Jan. 9, 1969; nation at the office of the Regional Air 8:49 ajn .] the boundaries of the following jurisdic­ Traffic Division Chief. tions (including the territorial area of There are four unrelated segments of all municipalities as defined in section uncontrolled airspace in South Carolina. [ 42 CFR Part 81 1 302(f) of the Clean Air Act, 42 U.S.C. Three of these segments are located in 1857h(f) geographically located within the vicinity of Greenwood and the re­ AIR QUALITY CONTROL REGIONS the outermost boundaries of the area so maining segment north of the Toccoa, delimited); Notice of Proposed Designation of Ga., VOR. They are surrounded by Fed­ In the State of California: eral airways and 1,200-foot AGL con­ San Francisco Bay Area Intrastate Sonoma County. trolled airspace. Because of increasing Air Quality Control Region; Con­ Napa County. traffic volume and the demand for air sultation With Appropriate State Solano County. traffic control services, there is a need Marin County. and Local Authorities Contra Costa County. to include these small areas of uncon­ Pursuant to authority delegated by San Francisco County. trolled airspace within the proposed San Mateo County. South Carolina transition area. In­ the Secretary and redelegated to the Alameda County. clusion of these areas within the pro­ Commissioner of the National Air Pol­ Santa Clara County. posed transition area along with the ad­ lution Control Administration (33 P.R. justment of the floors of the existing 9909) , notice is hereby given of a pro­ This action is proposed under the au­ transition areas designated above 1,200 posal to designate the San Francisco thority of sections 107(a) and 301(a) of feet AGL would incur no apparent der­ Bay Area Instrastate Air Quality Con­ the Clean Air Act, section 2, Public Law ogation to Visual Flight Rule operations, trol Region as set forth in the following 90-148, 81 Stat. 490, 504, 42 U.S.C. 1857c- To simplify airspace descriptions, to new § 81.21 which would be added to 2(a), 1857g(a). provide continuity of the floors of con­ Part 81 of Title 42, Code of Federal Reg­ Dated: January 8,1969. trolled airspace and improve the aero­ ulations. It is proposed to make such J o h n T. M iddleton, nautical chart legibility the following designation effective upon republication. airspace actions are proposed. Interested persons may sumbit writ­ Commissioner, National Air Pollution Control Adminis­ 1. Designate the South Carolina tran­ ten data, views, or arguments in tripli­ tration. sition area as that airspace extending cate to the Office of the Commissioner, upward from 1,200 feet above the sur­ National Air Pollution Control Admin­ [F.R. Doc. 69-387; Filed, Jan. 8, 1969* . face within the boundary of the State of istration, Ballston Center Tower if, 8:49 a.m.] South Carolina including the offshore Room 905, 801 North Randolph Street, airspace within 3 nautical miles of and Arlington, Va. 22203. All relevant ma­ parallel to the shoreline of South Caro­ terial received not later than 30 days lina, and including the airspace outside after the publication of this notice will DEPARTMENT OF the United States southeast of Myrtle be considered. Beach, S.C., bounded by a line beginning Interested authorities of the State of TRANSPORTATION at a point of lat. 33°48'10” N., long. California, and appropriate local au­ Federal Aviation Administration 78°31'45" W.,' to lat. 33°45'50” N., long. thorities, both within and without the 78°31'00” W.,' to lat. 33°40'10” N., long. proposed region, who are affected by or [14 CFR Part 71 1 78°40'15" W.; then clockwise along a 15- interested in the proposed designation, [Airspace Docket No. 68-SO-62] mile-radius circle centered on the Con­ are hereby given notice of an opportu­ way TACAN to lat. 33°27'40” N., long. nity to consult with representatives of CONTROL AREA 78°55'20” W.; to lat. 33°19'40” N., long. the Secretary concerning such designa­ 79°02'10” W.; to lat. 33°14'15” N., long. tion. Such consultation will take place at Proposed Designation, Alteration, 79°06'15” W.r thence north along a line the Ceremonial Courtroom, 19th Floor, and Revocation 3 nautical miles from and parallel to the U.S. Courthouse and Federal Building, The Federal Aviation Administration shoreline to point of beginning; and east 450 Golden Gate Avenue, San Francisco, (FAA) is considering amendments to of Charleston, S.C., bounded by a line be­ Calif., beginning at 10 a.m., January 31, Part 71 of the Federal Aviation Regula­ ginning at a point at lat. 33°04'55” N., 1969. tions that would redescribe, alter, revoke, long. 79°13'10” W.; to lat. 32°58,30” N., Mr. Doyle J. Borchers is hereby desig­ and designate controlled airspace within long. 79°18'00” W.; to lat. 32°50'40” N„ nated as Chairman for the consultation. the State of South Carolina and its long. 79°23'15” W.; thence clockwise The Chairman shall fix the time, date, coastal waters by designating the South along the arc of a 38-mile radius circle and place of later sessions and may con­ Carolina transition area. centered on the Charleston VORTAC to vene, reconvene, recess, and adjourn the Interested persons may participate in lat. 32°38'40” N„ long. 79°27'25” W.; to sessions as he deems appropriate to ex­ the proposed rule making by submitting lat. 32°44'00” N., long. 79°45'10i' W.; pedite the proceedings. such written data, views, or arguments thence north along a line 3 nautical miles State and local authorities wishing to as they may desire. Communications from and parallel to the shoreline to participate in the consultation should should identify the airspace docket num­ point of beginning; and southeast of notify the Office of the Commissioner, ber and be submitted in triplicate to the Beaufort, S.C., bounded by a line begin­ National Air Pollution Control Adminis­ Director, Southern Region, Attention: ning at a point at lat. 32°15'00” N., long. tration, Ballston Center Tower n , Room Chief, Air Traffic Division, Federal Avia­ 80°30'00” W.; to lat. 32°00'00” N., long. 905, 801 North Randolph Street, Arling­ tion Administration, Post Office Box 80°33'00” W.; to lat. 32°03'25” N., long. ton, Va. 22203, of such intention by Jan­ 20636, Atlanta, Ga. 30320. All communi­ 80°46'30' W.; thence north along a line cations received within 30 days after 3 nautical miles from and parallel to the uary 16,1969. shoreline to point of beginning. Exclud­ A report prepared for the consultation, publication of this notice in the F ederal R egister will be considered before action ing the airspace within Restricted Area entitled “Report for Consultation on the R-6004. San Francisco Bay Area Intrastate Air is taken on the proposed amendments. 2. Revoke the 1,200-foot AGL portions Quality Control Region,” is available The proposals contained in this notice of the Charleston; Columbia; Florence; upon request to the Office of the may be changed in the light of comments Greenville; Greenwood; and Myrtle Commissioner. received. Beach; transition areas.

FEDERAL REGISTER, V O L 34, NO. 7— FRIDAY, JANUARY 10, 1969 PROPOSED RULE MAKING 401 3. Revoke the 1,700-foot AGL portion foot AGL controlled airspace, and one Interested persons may participate in of the Charleston transition area. northeast of Chincoteague. It is proposed the proposed rule making by submitting 4. Revoke the Allendale, S.Gs, 2,700- to include these areas within the Vir­ such written data, views, or arguments foot AGL transition area, and the 2,700- ginia transition area as such action as they may desire. Communications foot AGL portion of the Myrtle Beach would not appear to derogate VFR should identify the airspace docket num­ transition area. operations. ber and be submitted in triplicate to the Those portions of the transition areas To simplify airspace descriptions, pro­ Director, Southern Region, Attention: considered herein for revocation that ex­ vide continuity in the floor of controlled Chief, Air Traffic Division, Federal Avia­ tend into North Carolina and Georgia airspace and to improve aeronautical tion Administration, Post Office Box would be replaced by the proposed North chart legibility, the following actions are 20636, Atlanta, Ga. 30320. All communi­ Carolina transition area (ASD 68-SO- proposed: cations received within 30 days after 69) and Georgia transition area (ASD 1. Designate the Virginia transition publication of this notice in the F ederal 68-SO-61) published concurrently with area as follows: R eg ister will be considered before action this docket. Virginia is taken on the proposed amendments. The actions proposed herein will not T h at airspace extending upw ard from 1,200 The proposals contained in this notice alter the extent of designated offshore feet above the surface within the boundary may be changed in the light of comments controlled airspace. of the State of Virginia including the offshore received. These amendments are proposed under airspace within 3 nautical miles of and An official docket will be available for the authority of section 307(a) of the parallel to the shoreline of Virginia and that examination by interested persons at the Federal Aviation Act of 1958 (49 U.S.C. airspace extending upward from 2,000 feet Federal Aviation Administration, Office MSL bounded on the north by lat. 37°08'00" of the General Counsel, Attention: 1348) and section 6(c) of the Depart­ N„ on the east by long. 75o32'00'' W., on the ment of Transportation Act (49 U.S.C. south by lat. 36°49'25" and on the west by Rules Docket, 800 Independence Ave­ 1655(c)). a line 3 nautical miles from and parallel to nue SW., Washington, D.C. 20590. An in­ the shoreline, excluding the airspace within formal docket also will be available for Issued in Washington, D.C., on Jan­ R-6602 and R-6606. examination at the office of the Regional uary 7,1969. Air Traffic Division Chief. H . B. H elstrom , 2. Revoke the 1,200-foot AGL or above There are three unrelated segments of Chief, Airspace and Air portions of the following transition uncontrolled airspace and eight segments Traffic Rules Division. areas. of controlled airspace having floors above [F.R. Doc. 69-346; Filed, Jan. 9, 1969; a. Charlottesville, Va. 1,200 feet. These areas are surrounded 8:49 a.m.] b. Danville, Va. by 1,200-foot above ground level transi­ c. Dublin, Va. tion areas and Federal airways. The un­ d. Lynchburg, Va. controlled areas are located north and [ 14 CFR Part 71 ] e. Richmond, Va. west of Toccoa, northwest of Augusta [Airspace Docket No. 68-EA-75] f. Norfolk, Va. and east of Muscogee. Because of the in­ 3. Revoke the portion of the West Vir­ creasing traffic volume and the demand TRANSITION AREAS ginia transition area (33 F.R. 8433) for air traffic control services, there is a within Virginia. Proposed Designation, Alteration, need to include these areas within the The actions proposed herein would not proposed Georgia transition area. Inclu­ and Revocation alter the extent of designated offshore sion of these areas within the proposed The Federal Aviation Administration controlled airspace. Those portions of the transition area, along with the adjust­ is considering amendments to Part 71 transition areas considered herein for ment of the floors of the existing transi­ of the Federal Aviation Regulations that revocation that extend into North Car­ tion areas designated above 1,200 feet would redescribe, revoke, and designate olina would be replaced by the proposed AGL would incur no apparent deroga­ the controlled airspace within the State North Carolina transition area (ASD tion to VFR operations. of Virginia and its coastal waters by des­ 68-SO-69) published concurrently with To simplify airspace descriptions, pro­ ignating such airspace as the Virginia this docket. vide continuity of the floors of controlled transition area. These actions are proposed under the airspace and improve aeronautical chart Interested persons may participate in authority of section 307(a) of the Fed­ legibility, the following airspace actions the proposed rule making by submitting eral Aviation Act of 1958 (49 U.S.C. are proposed: such written data, views, or arguments 1348), and section 6(c) of the Depart­ 1. Designate the Georgia transition as they may desire. Communications ment of Transportation Act (49 U.S.C. area as that airspace extending upward should identify the airspace docket num­ 1655(c)). from 1,200 feet above the surface within ber and be submitted in triplicate to the Issued in Washington, D.C., on Jan­ the boundary of the State of Georgia Director, Eastern Region, Attention: uary 7, 1969. including the offshore airspace within 3 Chief, Air Traffic Division, Federal Avia­ H . B . H elstrom , nautical miles from and parallel to the tion Administration, Federal Building, Chief, Airspace and Air shoreline of Georgia and including the John F. Kennedy International Airport, Traffic Rules Division. additional airspace outside the United States southeast of Savannah bounded Jamaica, N.Y. 11430. All communications [F.R. Doc. 69-347; Filed, Jan. 9, 1969; received within 30 days after publication 8:49 a.m.] by a line beginning at lat. 32°03'25" N., of this notice in the F ederal R egister long. 80°46'30" W.; to lat. 32°00'00" N., will be considered before action is taken long. 80°33'00" W.; to lat. 31°30'00" N., on the proposed amendments. The pro­ [1 4 CFR Part 71 1 long. 80°51'05" W.; to lat. 31°30'00" N., posals contained in this notice may long. 80°47'30" W.; to lat. 31°11'30" N., be changed in the light of comments [Airspace Docket No. 68-SO-61] long. 81°01'10" W.; to lat. 30°44'00" N , received. TRANSITION AREAS long. 81°18'10" W.; to lat. 30°43'05" N., An official docket will be available for long. 81°21'00" W.; thence north via a examination by interested persons at the Proposed Designation and line 3 nautical miles from and parallel Federal Aviation Administration, Office Alteration to the shoreline to the point of beginning, of the General Counsel, Attention: Rules and including the airspace extending The Federal Aviation Administration upward from 2,000 feet MSL southeast Docket, 800 Independence Avenue SW., is considering amendments to Part 71 Washington, D.C. 20590. An informal of Brunswick bounded by a line begin­ docket also will be available for exami­ of the Federal Aviation Regulations that ning at lat. 31°11'30" N., long. 81°01'10" nation at the office of the Regional Air would redescribe, alter, revoke, and W.; to lat. 30°45'15" N., long. 80°58'50" Traffic Division Chief. designate the controlled airspace within W.; to lat 30°44'00" N„ long. 81°18'10" the State of Georgia and its coastal W.; thence northeast to point of begin­ There are nine small unrelated areas ning. Excluding the portion within Re­ of uncontrolled airspace in Virginia west waters by designating the Georgia tran­ stricted Areas R-3001, Rr-3002A, and of Pulaski, that are surrounded by 1,200- sition area. R-6004.

FEDERAL REGISTER, VOL. 34, NO. 7— FRIDAY, JANUARY 10, 1969 402 PROPOSED RULE MAKING 2. The portions of the following tran­three segments of controlled airspace [ 14 CFR Part 71 1 sition areas with floors 1,200 feet AGL or having floors above 1,200 feet scattered [Airspace Docket No. 68—WA—15] above would be revoked:- throughout the State of North Carolina. TRANSITION AREAS AND ADDI­ Macon, Ga. These areas are either surrounded by Albany, Ga. Federal airways or 1,200-foot transition TIONAL CONTROL AREA Augusta, Ga. Rome, Ga. areas. Because of the increasing traffic Blakely, Ga. Savannah, Ga. Proposed Designation, Alteration, Brunswick, Ga. Toccoa, Ga. volume and demand for air traffic con­ Cordele, Ga. Valdosta, Ga. trol services, there is a need to include and Revocation Hazelburst, Ga. these areas within the proposed North The Federal Aviation Administration Those portions of the transition areas Carolina transition area. Inclusion of is considering amendments to Part 71 of considered herein for revocation that these areas within the proposed transi­ the Federal Aviation Regulations that extend into South Carolina and Florida tion area along with the adjustment of would redescribe, alter, revoke, and would be replaced by the proposed South the floors of existing transition areas designate the controlled airspace within Carolina transition area (ASD 68-SO- designated above 1,200 feet AGL would the State of Florida and its coastal 62) and the Florida transition area (ASD incur no apparent derogation to VFR waters by designating the Florida tran­ 68-WA-15) published concurrently with operations. sition area. this docket. To simplify airspace descriptions to Interested persons may participate in The actions proposed herein will not provide continuity of the floors of con­ the proposed rule making by submitting alter the extent of designated offshore trolled airspace and improve aeronauti­ such written data, views, or arguments controlled airspace. cal chart legibility, the following airspace as they may desire. Communications These amendments are proposed under actions are proposed: should identify the airspace docket num­ the authority of section 307(a) of the 1. Designate the North Carolina tran­ ber and be submitted in triplicate to the Federal Aviation Act of 1958 (49 U.S.C. sition area as that airspace extending Director, Southern Region, Attention: 1348), and of section 6(c) of the Depart­ upward from 1,200 feet above the surface Chief, Air Traffic Division, Federal Avia­ ment of Transportation Act (49 U.S.C. within the boundary of the State of tion Administration, Post Office Box 1655(c)). North Carolina including that airspace 20636, Atlanta, Ga. 30320. All communi­ within 3 nautical miles of and parallel cations received within 30 days after Issued in Washington, D.C., on Janu­ to the shoreline of North Carolina; and publication of this notice in the F ederal ary 7, 1969. including the additional airspace bound­ R egister will be considered before ac­ H . B . H elstrom , ed by a line beginning at lat. 34°09'45" tion is taken on the proposed amend­ Chief, Airspace and Air N., long. 77°45'45" W, to, lat. 34°03'05" ments. The proposals contained in this Traffic Rules Division. N., long. 77°42'30" W. to lat. 34°01'05" notice may be changed in the light of [F.R. Doc. 69-348; Filed, Jan. 9, 1969; N., long. 77°50'05" W.; thence via a line comments received. 8:49 a.m.] 3 nautical miles from and parallel to the An official docket will be available for shoreline to the point of beginning; .and examination by interested persons at the that airspace bounded by a line begin­ Federal Aviation Administration, Office [ 14 CFR Part 71 1 ning at lat. 33°50'30" N., long. 78°23'45" of the General Counsel, Attention: Rules [Airspace Docket No. 68-SO-69] W. to lat. 33°45'50" N., long. 78°31'00" Docket, 800 Independence Avenue SW.,; W. to lat. 33°48'10" N., long. 78°31'45" Washington, D.C. 20590. An informal TRANSITION AREAS W.; thence via a line 3 nautical miles docket also will be available for exami­ from and parallel to the shoreline to the nation at the office of the Regional Air Proposed Designation, Alteration, point of beginning, excluding the por­ and Revocation Traffic Division Chief. tions within R-5301 A and B, R-5306 A, The State of Florida is covered by The Federal Aviation Administration B, and C, R-5311, R-5313, R-5302. Federal airways and transition areas is considering amendments to Part 71 of 2. The portion of the following tran­ with floors of varying heights. Because the Federal Aviation Regulations that sition areas with floors 1,200 feet AGL or of the increasing traffic volume and the would redescribe, and in some cases alter, above would be revoked. demand for traffic control services, there revoke, and designate controlled airspace a. Asheville, N.C. is a need to include most of this airspace in the State of North Carolina and its b. Charlotte, N.C. within a transition area with a floor of coastal waters by designating the North c. Cherry Point, N.C. 1,200 feet above the surface to be known Carolina transition area. d. Edenton, N.C. as the Florida transition area. Interested persons may participate in e. Goldsboro, N.C. To simplify airspace descriptions, pro­ the proposed rule making by submitting f. Greensboro, N.C. vide continuity of the floors of controlled such written data, views, or arguments g. Raleigh, N.C. airspace and improve aeronautical chart as they may desire. Communications h. Wilmington, N.C. legibility, the following airspace actions should identify the airspace docket num­ The airspace actions proposed herein are proposed. ber and be submitted in triplicate to the will not alter the extent of designated 1. Designate the Florida transition Director, Southern Region, Attention: offshore controlled airspace. Those por­ area as follows: Chief, Air Traffic Division, Federal Avia­ tions of the transition areas considered F lorida herein for revocation that extend into tion Administration, Post Office Box Ha at airspace extending upward from 1,200 20636, Atlanta, Ga. 30320. All communi­ South Carolina and Virginia would be feet above the surface: within the boundary cations received . within 30 days after replaced by the proposed South Carolina of the State of Florida including that air­ publication of this notice in the F ederal transition area (ASD 68-SO-62) and space within 3 nautical miles of and parallel R egister will be considered before action Virginia transition area (ASD 68-EA- to the shoreline of Florida; that airspace east is taken on the proposed amendments. 75) published concurrently with this of Jacksonville, Fla., bounded by a line 3 The proposals contained in this notice docket. nautical miles from and parallel to the shore­ These amendments are proposed un­ line and a line extend from lat. 30°43'05'' may be changed in the light of com­ N., long. 81°21'00" W„ thence to lat. ments received. der the authority of section 307(a) of 30°44'00" N„ long. 81°18'10" W., thence An official docket will be available for the Federal Aviation Act of 1958 (49 clockwise along the arc of a 25-mile radius examination by interested persons at the U.S.C. 1348) and section 6(c) of the De­ circle centered on the Jacksonville VORTAC, Federal Aviation Administration, Office partment of Transportation Act (49 to and east along lat. 30°17'30'' N., to long. of the General Counsel, Attention: Rules U.S.C. 1655(c)). 81°01'30" W., thence to lat. 30°09'00'' N., Issued in Washington, D.C., on Jan­ long. 81°02'15" W„ to lat. 29°54'00'' N., long. Docket, 800 Independence Avenue SW., 81°02'15" W., to lat. 29°56'00" N., long. Washington, D.C. 20590. An informal uary 7, 1969. 811’14'50" W.; that airspace east of Mel­ docket also will be available for examina­ H . B . H elstrom , bourne, Fla., bounded by a line 3 nautical tion at the office of the Regional Air Chief, Airspace and Air miles from and parallel to the shoreline, and Traffic Division Chief. Traffic Rules Division. the arc of a 25-mile radius circle centered There are pine unrelated small [F.R. Doc. 69-349; Filed, Jan . 9, 1969; on Patrick AFB, Cocoa, Fla. (lat. 28°14'05" wedges of uncontrolled airspace and 8:49 a.m.] N„ long. 80°36'35" W.); that airspace east

FEDERAL REGISTER, VOL. 34, NO. 7— FRIDAY, JANUARY 10, 1969 PROPOSED RULE MAKING 403 of Palm Beach, Fla., bounded by a line 3 86°45'50" W„ to lat. 30°20'50” N„ long. trol 1226, and th e St. Petersburg VORTAC nautical miles from and parallel to the shore­ 86°38'50" W.; that airspace south of Pensa­ 280° radial. line and the arc of a 30-mile radius circle cola, Fla., bounded by a line 3 nautical miles b. That portion within W-465. centered on the Palm Beach VORTAC; that from and parallel to the shoreline and a c. That portion within R-2909. airspace east and south of Miami, Fla., line extending from lat. 30°18'20" N., long. d. That portion southeast of a line ex­ bounded by a line 3 nautical miles from and 87°00'00" W., to lat. 30°18'00" N„ long. tending from lat. 29°43'35" N„ long. parallel to the shore line and the arc of 87°00'00" W„ to lat. 30°14'30" N„ long. 84°39'00" W., to lat. 29°47'00" N„ long. a 50-mile 'radius circle centered on the 87°14'30" W., to lat. 29°55'00" N., at the arc 84°40'00" W., to lat. 29°52'30" N„ long. Miami International Airport (lat. 25°47'35" of a 38-mile radius circle centered at NAAS 84°34'40" W., thence to the west boundary N., long. 80°17'10" W.); that airspace sur­ Saufley Field (lat. 30°28'15" N., long. of V-7W at lat. 29° 52'30" N. rounding Key West, Fla., beginning at lat. 87°20'30" W.) thence clockwise along this 25°04'05" NM long. 81°58'15'' W., thence arc to long. 87°49'00" W„ to lat. 30°11'20" 2. The portions of the following tran­ clockwise along the arc of a 35-mile radius N., long. 87°44T5” W.; that airspace south­ sition areas with floors 1,200 AGL or circle centered on the Key West VORTAC to west of Miami extending upw ard from 1,700 above would be revoked: lat. 24°08'50" N., long. 82°04'35" W„ to lat. feet MSL bounded on the northeast by a 24°13'00" N„ long. 82°02'30'' W„ to lat. Daytona Beach, Fla. Ocala, Fla. line 3 nautical miles from and parallel to Eglin AFB, Fla. 24°13'00'' N„ long. 82°21'00" W., to lat. the shoreline, on the southeast by V—51, on Orlando, Fla. 24°25'00" N„ long. 82°32'00" W., to lat. Fort Myers, Fla. Pahokee, Fla. the south by the arc of a 35-mile radius Gainesville, Fla. 24°45'00" N., long. 82<>32'00" W„ to lat. circle centered on the Key West VORTAC Palm Beach, Fla. 24°45'00'' N., long. 81°56'50" W„ to lat. Jacksonville, Fla. Panama City, Fla. and on the west by V-225E; that airspace Key West, Fla. 24°49'00" N., long. 81°55'00'' W., to point of extending upward from 2,000 feet MSL: east Stuart, Fla. beginning; that airspace northeast of Key Melbourne, Fla. Tampa, Fla. of Jacksonville beginning at lat. 30°44'00" Miami, Fla. West bounded on the west by B-19, on the N„ long. 81°18'10" W„ to lat. 30°45'15" N„ Vero Beach, Fla. south and east by V-35 and on the north long. 80°58'50" W., to lat. 30°17'30" N„ The following transition areas would by the arc of a 50-mile radius circle centered long. 81°01'30" W., thence west along lat. be revoked: on the Miami International Airport; that 30°17'30" N., to and counterclockwise along airspace southwest of Fort Myers, Fla., the arc of a 25-mile radius circle centered on Marathon, Fla. Taylor, Fla. bounded by a line 3 nautical miles from the the Jacksonville VORTAC to point of be­ Sanibel, Fla.- shoreline and the arc of a 20-mile radius ginning; that airspace south of Marathon, circle centered on the Fort Myers VORTAC; Fla., bounded on the north by V-35, on the The Avon Park, Fla., additional con­ that airspace north, west, and south of east by long. 80°25'00" W., on the south by trol area would be revoked. Tampa, Fla., bounded by a line 3 nautical lat. 24°20'00" N., and on the west by Con­ Those portions of the transition areas miles from and parallel,to the shoreline and trol 1233; th a t airspace southw est of F ort considered herein for revocation that a line extending from lat. 26°30'00" N., and Myers, Fla., bounded on the south by Con­ extend into Georgia would be replaced a point 3 nautical miles from the shoreline, trol 1230, on the east by V-225, on the north­ by the proposed Georgia transition area thence west along lat. 26°30'00'' N., to the east by the arc of a 25-mile radius circle (ASD 68-SO-61) published concurrently east boundary of W-168, thence north and centered on the Fort Myers V©RTAC, on the with this docket. west along the boundary of W-168, to long. north by lat. 26°30'00" N., and on the west 83°42'00'' W., thence to the north boundary by W-168 and a line extending from lat. The actions proposed herein will not of Control 1226 at long. 83°47'50" W., thence 26°10'00" N„ long. 82°17'00" W„ to the alter the extent of designated offshore east along the north boundary of Control n o rth boundary of Control 1230 a t lat. controlled airspace. 1226, to and clockwise along the arc of a 42- 82° 15'00" W.; that airspace northwest of These amendments are proposed un­ mile radius circle centered on MacDill AFB Tampa bounded on the east by V-35W, on der the authority of section 307(a) of (lat. 27°51'05" N., long. 82°31'15" W.) to a the southwest and northwest by V-97E; the Federal Aviation Act of 1958 (49 point 3 nautical miles from the shoreline; that airspace west of Tampa extending up­ U.S.C. 1348), and of section 6(c) of the that airspace south of Panama City, Fla., ward from 4,700 feet MSL bounded on the bounded by a line 3 nautical miles from the northeast by V-97 and V-97W, on the south­ Department of Transportation Act (49 shoreline and a line extending from lat. east by the arc of a 42-mile radius circle U.S.C. 1655X0). 29°43'10" N., long. 85°27'00" W., to lat. centered on MacDill AFB, on the south by Issued in Washington, D.C., on Janu­ 30°04'00" N., long. 85°56'00" W„ to lat. Control 1226, on the northwest by the Cross ary 2,1969. 30°11'10" N., long. 85°56'00'' W.; that air­ City VOR 212° radial from the southwest space south of Eglin AFB bounded by a line boundary of V-97 to the St. Petersburg H . B . H elstrom , 3 nautical miles from the shoreline and a VORTAC 280° radial, then west along this Chief, Airspace and Air line extending from lat. 30°19'45" N„ long. radial to Control 1226, excluding: Traffic Rules Division. 86° 23'45" W., to lat. 29°54'00" N., long. a. That portion within W-151 east of the[F.R. Doc. 69-350; Filed, Jan. 9, 1969; 86°16'00" W., to lat. 29<*54'00" N., long. intersection of the north boundary of Con­ 8:49 a m .]

FEDERAL REGISTER, VOL. 34, NO. 7— FRIDAY, JANUARY 10, 1969 404 Notices

In all cases, the purchase prices or T. 8 N„ R. 2 E„ exporter’s sales prices were found to be Sec. 1, lots 1 to 4, inclusive, and syfc; DEPARTMENT OF THE TREASURY Sec. 4, lots 2, 3, and 4, SW% and Wy2 SEy4, Comptroller of the Currency higher than the adjusted home market except patented mining claims; prices for such or similar merchandise. Sec. 9, except patented mining claim; INSURED BANKS In accordance with § 53.33(b), Cus­ Sec. 10, Ey2, Ey2SWi4, and NWy4, except toms Regulations (19 CFR 53.33(b)) in­ Yavapai County Recreation and Public Joint Call for Report of Condition terested parties may present written Purpose facilities; Secs. 11, 12, and 14; C ross R e fe r e n c e : For a document re­ views or arguments, or request in writ­ lating to a joint call for report of con­ ing, that the Secretary of the Treasury Sec. 15, Ey2 and NWy4; afford an opportunity to present oral Sec. 16, Ny2 and SW%; dition of insured banks, see F.R. Doc, Sec. 19, lots 1 to 4, inclusive, E% and 69-293, Federal Deposit Insurance Cor­ views. Ey>wy2; poration, infra. Any such written views, arguments, or Sec. 20; requests should be addressed to the Com­ Sec. 21, NE%NWi4 and Wy2 Wy2; missioner of Customs, 2100 K Street NW., Sec. 22, E%; Washington, D.C. 20226, in time to be re­ Sc 23; Office of the Secretary ceived by his office not later than 30 days Sec. 26,Ny,Ny,; FROZEN HADDOCK FILLETS FROM from the date of publication of this no­ Sec. 27, Ey2 ; tice in the F ederal R eg ister. Sec. 28, Sy2Ny2, NW%NW% and Sy2; EASTERN CANADIAN PROVINCES Sec. 29, Ni/ 2 and SE%; This tentative determination and the Sec. 30, lots 1 and 2, E% and Ey,NWy4; Notice of Tentative Negative statement of reasons therefor are pub­ Sec. 31, NE%; Determination lished pursuant to § 53.33 of the Customs Secs. 32, 33, and 34. Regulations (19 CFR 53.33). T.9N..R.2E., . D ecember 26, 1968. Sec. 3, lots 1 to 4, inclusive, S%N% and Information was received on Oc­ [ seal] M a th ew J . M arks; sy 2; tober 31, 1967, that frozen haddock fillets Acting Assistant Secretary Sec. 4, lots 1 to 4, inclusive, S%N% and from East Canadian provinces, were be­ of the Treasury. s.y2; ' ing sold at less than fair value within IF.R. Doc. 69-331: Filed, Jan . 9, 1969; Sec. 9; 8:48 a.m.] Sec. 10, wy2r the meaning of the Antidumping Act, Secs. 15 and 16; 1921, as amended (19 U.S.C. 160 et seq.) Sec. 21, N%, SWy4 , NEy4SEy4, W%SE%, (referred to in this notice as “the Act”). and Ny2 SE%SE%; This information was the subject of an Sec. 2 2 , Ey2w y2, w y 2 NWyi, and NW1/4 “Antidumping Proceeding Notice” which DEPARTMENT OF THE INTERIOR sw y 4 ; Sec. 27, E%NW%, SW^NWyi, NE&SWyi, was published in the F ederal R egister of Bureau of Land Management February 2,1968, on page 2533. and E%T [A 2936] Sec. 28, W%E% and Wy>; I hereby make a tentative determina­ Sec. 33, W%. tion that frozen haddock fillets from ARIZONA T. 9% N„ R. 2 E., Eastern Canadian provinces axe not be­ Sec. 20, lots 1 to 6 , inclusive, Wy^SE1^ ing, nor likely to be, sold at less than fair Establishment of Black Canyon and SW 1 4 ; value within the meaning of section Trails Area Sec. 21, lot 2 and SW%; 201 (a) of the Act (19 UJ3.C. 160(a) ). Sec. 23, lots 1, 2, 5, and 6 , and EyjSWy4; Statement of reasons on which this 1. Pursuant to the Classification and Sec. 26, w y2; tentative determination is based. Sales to Multiple Use Act of September 19, 1964 Sec. 27, Sy2; U.S. purchasers were made to both re­ (74 Stat. -986, 43 U.S.C. 1411), R.S. 2478 Sec. 28, lots 3 and 4, Sy2 NW% and Sy2; (43 U.S.C. 1201), and the provisions of Sec. 29, lo t 1, NW 14 NE1 4 , Sy2 NEy4, and lated and unrelated parties within the SEi,4; meaning of section 207 of the Antidump­ 43 CFR Subpart 1727,1 hereby designate Sec. 32,Ei/2; ing Act, as amended (19 U.S.C. 166). the public lands in ^he following de­ Secs. 33 and 34. The quantities of this merchandise sold scribed area as the Black Canyon Trails T. 10 N..R.2E., for home consumption were adequate to Area. Sec. 1, lots 1 to 7, inclusive, SWy4NE1/4> furnish a basis of comparison. Gila and Salt R iver Meridian, Arizona Sy2NWy4, swy4, an d w y 2SEy4; Sec. 2, lots 1 to 4, inclusive, Sy4N% and Accordingly, purchase price or ex­ MARICOPA AND YAVAPAI COUNTIES, ARIZONA porter’s sales price was compared with sy2; T. 6 N., R. 2 E., Sec. 3, lots 1 to 4, inclusive, Sy£Ny4 and the adjusted home market price for such Sec. 4, lots 3 and 4, sy4NWy4 and SW%; sy2. or similar merchandise as applicable. Sec. 5, lots 1 to 4, inclusive, S^N% and Sec. 4, lots 1 to 4 inclusive, Sy£Ny4 an£ Purchase price was computed by de­ sy2; sy2; ducting inland freight, ocean freight and Sec. 8; Secs. 9,10,11, and 14; insurance, U.S. duty and brokerage fees, Sec. 9, wy2; Sec. 15, Ny2; as applicable, from this gross selling price Sec. 16, w y2; Sec. 16, N%; to unrelated purchasers in the U.S. Secs. 17 and 20; Sec. 17; Sec. 21, Wy2; Sec. 18,Ey2; Exporter’s sales price was calculated Sec. 28, Ny2NW14; Sec. 19,Ei/2; by deducting from the resale price to Sec. 29; Secs. 20, 23,26, and 29; United States purchasers by related Sec. 32, lots 1 to 4, inclusive, Ny, and Sec. 30, lots 5 an d 11, NEy4 and E y2 SEy4; firms, as appropriate, commissions, ocean Ny2sy2. Sec. 31, lots 1 and 6 , E%NEy4 and SEy4; freight and insurance, U.S. duty, brok­ T. 7 N., R. 2 E., Sec. 32; erage fees, inland freight, storage and Sec. 4, lots 1 to 4, inclusive, S%N% and Sec. 35, W%. discounts. sy2; T. 11 N., R. 2 E„ Sec. 5, lots 1 to 7, inclusive, syjNEy4, Sec. 4, lots 1 to 4, inclusive, and sy^Ny^; Adjusted home market price was cal­ SE 14 NW 1 4 , Ey2SW Î4, an d SE 1 4 ; Sec. 5, lots 1 an d 2, sy 2 NEy4, SEy4NWy4. culated by deducting inland freight, in­ Sec. 8, lots 1 to 4, inclusive, E% and swy4, and Ny2SEy4; surance and storage as appropriate, from Ey2wy2; Sec. 8 , wy/2 _iy2 an d Wy£ ; the gross sales prices to purchasers in Secs. 9, 16, 17, 20, 21, 28, 29, 32, and 33; Sec. 17, Wy4Ey2, wy2, and Ey2SEy4; Canada. Sec. 34, W%NWy4. Sec. 20, lots 1 an d 2, sy 2NEy4 and SEy4;

FEDERAL REGISTER, VOL. 34, NO. 7— FRIDAY, JANUARY 10, 1969 NOTICES 405 Sec. 21, lots 1 to 4, Inclusive, and Los Angeles, 111 North Hope Street, Post sy2; Sec. 22, lots 1 to 4, Inclusive, S%N% and DEPARTMENT OF AGRICULTURE Office Box 111, Los Angeles, Calif. 90054, s y2; Packers and Stockyards by letter dated December 27, 1908, has Sec. 23, lot 4, SWy4 NWy4 and W%SW%; Administration submitted an application pursuant to 10 Sec. 26, w y 2, W 1/2 SE 1 4 , and SE%SE%; CFR Part 50 to withdraw its application Sec. 27; STUTZ ARENA ET AL. Sec. 28, lots 1 to 5, inclusive, E y2 and for a license to construct and operate a NE%NV-ri/4; Deposting of Stockyards nuclear reactor at a proposed site on a Sec. 29, lots 1 to 4, inclusive, NW%NE>4 and .'TW^SE^; It has been ascertained, and notice is man-made island that was to be con­ Secs. 33, 34, and 35; hereby given, that the livestock markets structed offshore of the Bolsa Chica Sec. 36, lots 3 and 4, SW^4 and W^SEy4* named herein, originally posted on the Beach State Park in Orange County, T. 11 N ..R .3 E ., respective dates specified below as being Sec. 1, lots 2, 3, and 4, S^NWJ4 and Calif. A copy of the application for with­ subject to the Packers and Stockyards drawal is available for inspection in the NW14SW14; Act, 1921, as amended (7 U.S.C. 181 et Sec. 2, lots 1 to 4, inclusive, sy.N% and seq.), no longer come within the defini­ Atomic Energy Commission’s Public sy2; Document Room, 1717 H Street NW., Sec. 3, lots 1 and 2, S%NE^4 and SE1 4 ; tion of a stockyard under said Act and Sec. 10, Ei/2; are, therefore, no longer subject to the Washington, D.Ct Sec. 11, Ni/2NWi/4, SWy4NWi/4, NW^SWIA provisions of the Act. Notice of receipt of the application and sy2sy2; Name, location of stockyard, and date of was published in the F ederal R egister Sec. 14; posting Sec. 15, NE%; on October 7, 1967, 32 F.R. 13996. Cope OQ onrt Ofi* S tu tz Arena, Alton, 111., Nov. 28, 1966. Dated at Bethesda, Md., this 2d day of Sec. 27, lots 3 ’and 4, Ey2SW% and SE^; Iowa City Sales Company, Iowa City, Iowa, January 1969. Sec. 28, sy 2; Oct. 17, 1940. Sec. 29, sy2; Breeders Livestock Sale, Asheboro, N.C., Dec. For the Atomic Energy Commission. Sec. 30, SE%SW% and sy 2SE%; 1, 1959. Sec. 31, lots 1 to 4, inclusive, E y2 and Raleigh Stockyard, Raleigh, N.C., Jan. 5, 1960. P eter A. M o rris, Ey2wy2. Union Stock Yards Co., Washington Court Director, T. 12 N., R. 2 E., House, Ohio, May 21, 1935. Division of Reactor Licensing. Sec. 3, lots 1 to 4, inclusive, S1/£Ny2 and sy2; Notice or other public procedure has [F.R. Doc. 69-296; Filed, Jan. 9, 1969; Sec. 4, lots 1 to 4, inclusive, S^N ^ and not preceded promulgation of the fore­ .8:45 a.m.] sy2; going rule since it is found that the giv­ Sec. 5, lots 1 to 4, inclusive, S^Ny. and ing of such notice would prevent the due [Docket No. 50-308] sy2; and timely administration of the Packers Secs. 9 and 10; and Stockyards Act and would, therefore, SOUTHERN CALIFORNIA EDISON CO. Sec. 15, wy2; be impracticable and contrary to the Sec. 19, S y2 except patented mining claim; AND SAN DIEGO GAS & ELECTRIC Sec. 20, sy2; public interest. There is no legal warrant CO. Sec. 21, lots 1 to 7, inclusive, S ^ N E ^ , or justification for not deposting prompt­ Si/2SWy4 and SEy,; ly a stockyard which is no longer within Notice of Withdrawal of Application Sec. 28; the definition of that term contained in for Utilization Facility License Sec. 29, N % i the Act. Sec. 30, lots 1 and 2, NE% and E'/2NWi4; The foregoing is in the nature of a rule Please take notice that Southern Cali­ Sec. 32, lot 5; granting an exemption or relieving a re­ Sec. 33, lots 1 to 7, inclusive, Wy2N E y , fornia Edison Co., 601 West Fifth Street, NWy4, Ni/2SW% and N W ^ S E ^ . striction and, therefore, may be made Post Office Box 351, Los Angeles, Calif. effective in less than 30 days after pub­ 90053, and San Diego Gas & Electric Co., The area described aggregates approx­ lication in the F ederal R eg ister . This imately 65,501 acres of public land. The notice shall become effective upon pub­ Sixth and E Street, Post Office Box 1831, Black Canyon Trails Area is a Class III lication in the F ederal R eg ister. San Diego, Calif. 92112, by letter dated natural environment area under the Bu­ (42 S tat. 159, as am ended and supplem ented; November 4, 1968, have submitted an reau of Outdoor Recreation system of 7 U.S.C. 181 et seq.) application pursuant to 10 CFR Part 50 classification. The lands are withdrawn to withdraw their joint application for a for stock driveway purposes by Order of Done at Washington, D.C., this 3d the Secretary of the Interior dated Feb­ day of January 1969. license to construct and operate a nuclear reactor at a proposed site on a man­ ruary 4, 1919. G . H . H o pper , 2. Subject to valid existing rights, the Chief, Registrations, Bonds and made island that was to be constructed area will be administered primarily for Reports Branch, Livestock offshore of the Bolsa Chica Beach State stock driveway, riding and hiking trail Marketing Division. Park in Orange County, Calif. A copy of purposes, and other forms of outdoor J anuary 3, 1969. the application for withdrawal is avail­ activities such as hunting, camping, and [F.R. Doc. 69-310; Filed, Jan. 9, 1969; able for inspection in the Atomic Energy rockhounding. 8:46 a.m.] Commission’s Public Document Room, 3. The Bureau of Land Management 1717 H Street NW., Washington, D.C. may enter into cooperative arrangements Notice of receipt of the application with landowners and other interested ATOMIC ENERGY COMMISSION was published in the F ederal R egister agencies and groups to develop and keep [Docket No. 50-307] on October 7, 1967, 32 F.R. 13996. current a management plan for all lands Dated at Bethesda, Md., this 2d day of in the Trail Area which will accomplish DEPARTMENT OF WATER AND January 1969. the objectives of this designation. POWER OF THE CITY OF LOS ANGELES For the Atomic Energy Commission. S tew art L. U dall, Secretary of the Interior. P eter A. M o r r is, Notice of Withdrawal of Application Director, J anuary 3,1969. for Utilization Facility License Division of Reactor Licensing. [PR. Doc. 69-300; Piled, Jan. 9, 1969; Please take notice that the Depart­ [F.R. Doc. 69-297; Filed, Jan . 9, 1969; 8:45 a.m.] ment of Water and Power of the city of 8:45 a.m.]

FEDERAL REGISTER, VOL. 34, NO. 7— FRIDAY, JANUARY 10, 1969 viously filed application; or (b) within DOMESTIC PUBLIC LAND MOBILE RADIO SERVICE----c o n t i n u e d FEDERAL COMMUNICATIONS 60 days after the date of the public 3703— C2-P-69—F. L. Patterson doing business as Anserphone of Durham; (New); C.P. for g* notice listing the first prior filed appli­ a new one-way station. Frequencies: 152.24 and 158.70 MHz. Location: 207-209 Corcoran cation (with which subsequent applica­ Street, D urham , N.C. COMMISSION 3704— c 2—P-69—F. L. Patterson doing business as Anserphone of Durham; (New)} C.P. for * [Report 421] tions are in conflict) as having been accepted for filing. An application which a new one-way station. Frequencies: 152.24 and 158.70 MHz. Location: 209 South Main COMMON CARRIER SERVICES Street, High Point, N.C. is subsequently amended by a major 3705— C2-P-69—Ans-A-Phone Communications, Inc.; (New); C.P. for a new one-way station. INFORMATION 1 change will be considered to be a newly Frequencies: 152.24 and 158.70 MHz. Location: 101 N orth Elm Street, Greensboro, N.C. filed application. It is to be noted that 3785- C2-AL-69—American, Inc.; (KCB891); Consent to assignment of license from Ameri­ Domestic Public Radio Services Appli­ the cutoff dates are set forth in the alter­ cations Accepted for Filing 2 can, Inc., Assignor, to Two-Way Radio Engineers, Inc., Assignee. One-way station at native—applications, will be entitled to Boston, Mass. J anuary 6,1969. consideration with those listed in the 3786- C2-P-69—Robert E. Franklin; (New); C.P. for a new one-way station. Frequency: Pursuant to §§ 1.227(b)(3) and 21.26 appendix if filed by the end of the,60-day 158.70 MHz. Location: 1010 Milam Street, Houston, Tex. (b) of the Commission’s rules, an appli­ period, only if the Commission has not 3787- C2-P-69—Airsignal International, Inc.; (New); C.P. for a new one-way station. cation, in order to be considered with acted upon the application by that time Frequencies: 152.24 and 158.70 MHz. Location: Tennessee Building, 1010 Milam Street, any domestic public radio services appli­ pursuant to the first alternative earlier Houston, Tex. cation appearing on the attached ■ list, date. The mutual exclusivity rights of a 3788- C2-P-69—Airsignal International, Inc.; (New); C.P. for a new one-way signaling must be substantially complete and ten­ new application are governed by the station. Frequencies: 152.24 and 158.70 MHz. Location: Tower Life Building, 310 South dered for filing by whichever date is earliest action with respect to any one of St. Mary’s Street, San Antonio, Tex. earlier: (a) The close qf business 1 busi­ the earlier filed conflicting applications. 3557-C2-P/L-69—New England Telephone & Telegraph Co.; (New); C.P. and license for The attention of any party in interest a new Mobile Developmental Station. Frequencies: 35.66, 43.66, 152.51, 152.54, 152.57, ness day preceding the day on which the 152.60, 152.03, 152.60, 152.69, 152.72, 152.75, 152.78, 152.81, 157.77, 157.80, 157.83, 157.80, Commission takes action on the pre- desiring to file pleadings pursuant to sec­ tion 309 of the Communications Act of 157.89, 157.92, 157.95, 157.98, 158.01, 158.04, 158.07, 454.375, 454.400, 454.425, 454.450, 454.475, 1 All applications listed in the appendix are 1934, as amended, concerning any do­ 454.500, 454.525, 454.550, 454.575, 454.600, 454.625, 454.050, 459.375, 459.400, 459.425, 459.450, subject1 to further consideration and review mestic public radio services application 459.475, 459.500, 459.525, 459.550, 459.575, 459.000, 459,625, 459.650 MHz. Location; and may be returned and/or dismissed if not (Three units), operating in any temporary location within the territory of the grantee. found to be in accordance with the Com­ accepted for filing, is directed to § 21.27 3821- C2-P-09.—The Mountain States Telephone & Telegraph Co.; (KOF905); C.P. to replace mission’s rules, regulations, and other of the Commission’s rules for provisions transmitter operating on base frequency 152.69 MHz; add a second channel to operate on requirements. governing the time for filing and other 152.75 MHz and change an ten n a system a t its statio n located 6.5 miles southeast of NOTICES 2 The above alternative cutoff rules apply requirements relating to such pleadings. Billings, Mont. to those applications listed in the appendix F ederal C ommunications 3822- C2-P-69—Southwestern Bell Telephone Co.; (KKD291); C.P. to add a fourth channel as having been accepted in Domestic Public to operate on frequency 152.69 MHz at station located Keightly Drive and State Highway C o m m issio n , Land Mobile Radio, Rural Radio, Point-to- No. 10, Little Rock, Ark. Point Microwave Radio, and Local Television [ seal] B en F . W aple, 3823- C2—P-89—Radio Paging, Inc.; (New); C.P. for a new two-way station. Frequency! Transmission Services (Part 21 of the rules). Secretary. 454.225 MHz. Location: 1010 Travis Street, On Tennessee Building, Houston, Tex. A p p e n d ix 3824- C2-P-09—Ark-La-Tex Mobile Radio Service; (KLB494); C.P. to add a third channel

A pplications A c c e p t e d f o r F i l i n g to operate on frequency 152.09 MHz at a new site to be identified as location No, 2: 726 Cotton Street, Shreveport, La, DOMESTIC PUBLIC LAND MOBILE RADIO SERVICE 3825- C2—P-69—John N. Palmer and Vermae Rowell doing business as AAA Anserphone and 1027-C2-P-69—Orange County Radiotelephone Service, Inc.; (KMB304); C.P. to establish Doctors Exchange; (New); C.P. for a new one-way signaling station. Frequency: 152.24 two-way facilities at a new location to be described as location No. 3; Signal Peals, 2.5 MHz. Location: 4 miles southwest of Hattiesburg, Miss. miles west of Newport Beach, Calif., to operate on base frequency 454.325 MHz. 3831- C2-P-69—Mashell Telephone Co., Inc.; (New); C.P. for a new two-way station. Fre­ New State Telephone Co; Consent to assignment of license from New State Telephone Co., quency ; 152.66 MHz. L ocation: 0.5 mile southw est of Eatonville, Wash. Assignor to Allied Telephone Co. of Oklahoma, Inc., Assignee. Stations: KLB508—Burns 3832- C2-P-69—Kidd’s Communications, Inc.; (KidA257); C.P. to install a base channel Flat, Okla. KLB684—Coid Springs, Okla. to operate on frequency 454.125 MHz at a new site to be identified as location No. 8: 742-C2-R-69—The Bell Telephone Co. of Pennsylvania; (KG7944); Renewal of Develop­ Mount McKittrick, 6 miles west-southwest of McKittrick, Calif, and change antenna m ental License expiring December 1, 1968. Term : Dec. 1, 1968, to Dec. 1, 1969. Location: system for the 459.125 MHz facilities at location No, 2: 215 East 18th Street, Bakersfield, (74 units) operating within the territory of the grantee. Calif. 3699- C2-MP-69—General Communications Service, Inc.; (KOA611); Modification of C.P. MAJOR AMENDMENT to change an ten n a system operating on base frequencies 152.03 and 152.21 MHz at 2201-C2—P—69—FWS Radio, Inc.; (New); To designate Southland Life Building, Live Oak, location No. 1: Tum anoc Hill, 0.5 mile w est of Tucson, Ariz. Olive, Bryant, and Pearl Streets, Dallas, Tex., as location No. 1. Add location No. 2, 4905 3700- C2-P-69—General Telephone Co. of Kentucky; (KIY450); C.P. to install an additional Bridge Street, Fort Worth, Tex., operating on frequency 152.24 MHz. All other particulars base channel to operate on 152.78 MHz at its station located 151 Walnut Street, to rem ain th e same as reported on public notice dated Oct. 28, 1968, Report No. 411. Lexington, Ky. 2840-C2-P—69—Robert S'. Ditton; (New)} Change frequency to 152.24 MHz. All other par­ 3701- C2-P-69—The Mountain States Telephone & Telegraph Co.; (KKI458); C.P. to install ticulars rem ain th e same as reported on public notice dated Nov. 18, 1968, R eport No. 414. a fifth and sixth base channels to operate on frequencies 152.51 and 152.57 MHz a t station 3398- C2-P-69-^Central Mobile Radio Phone Service; (New); To add frequency 152.24 MHz located at Sandia Crest, 5.7 miles northwest of Sandia Park, N. Mex., and add test a t statio n to be located 505 Jefferson Avenue, Toledo, Ohio. frequencies 157.77 and 157.83 MHz. Location: 120 F o u rth S treet NW., Albuquerque, 3399- C2-P—69—Page A Fone Corp.; (New); To designate 4905 Bridge Street, Fort Worth, N. Mex. (T est). Tex., as location No. i. Add location No. 2: 400 North East Street, Arlington, Tex., 3702- C2—P-69—General Telephone Co. of Missouri; (New); C.P. for a new one-way signaling operating on frequency 158.70 MHz. Location No. 8: Republic Bank Building, Ervay and station. Frequency: 158.10 MHz. Location: Old U.S. Highway No. 63, 2.5 m iles southeast Pacific Streets, Dallas, Tex., operating on frequency -158.70 MHz. All other particulars of Columbia, Mo. remain the same as reported on public notice dated Dec. 16,1969, Report No. 418. FEDERAL REGISTER, VOL. 34, NO. 7— FRIDAY, JANUARY 10, 1969 CORRECTION POINT-TO-POINT MICROWAVE RADIO (TELEPHONE CARRIERS)----- C o n t i n u e d 3360-C2-P—69—Pocket Phone Broadcast Service, Inc.; (KEA777); Correct file number to 3718- C1—MP—69—Northwestern Bell Telephone Co.; (KYN39); Modification of C.P. to change read 3360-C2-TC-69. All other terms same as listed in Report No. 417, dated Dec. 9, 1968. frequencies 6286.2 and 6404.8 MHz tow ard Broadland, S. Dak., to 6226.9 and 6245.5 MHz; delete Harrison, S. Dak., as a point of communication; change point of communication RURAL RADIO from Highmore, S. Dak., to Kimball, S. Dak. (frequencies: 6197.2 and 6315.9 MHz) and 3706- C1-P/ML-69—The Mountain States Telephone & Telegraph Co.; (KPV99); C.P. and replace transmitters at station located 3.9 miles southwest of Wessington Springs, S. Dak. modification of license to change point of communication from Cody, Wyo., to Worland, 3719- C1—MP-69—Northwestern Bell Telephone Co.; (KYN42); Modification of C.P. to Wyo.; change antenna location from lat. 44°48'58" N.-long. 107°54'06" W. to: lat. relocate receiving point in Huron, S. Dak., and change frequencies 6256.5 and 6375.2 mttk 44°49'00" N.-long. 107°54'06" W. and change frequency from 157.89 MHz to 157.77 MHz at toward H uron to 6019.3 and 6137.9 MHz; change frequencies 6034.2 and 6152.8 MHz tow ard statio n located Federal Aviation Agency, Medicine M ountain, 23.8 miles east of Lovell^ Wyo. Clark, S. Dak., to 5974.8 and 6093.5 MHz and change tran sm itters authorized for tra n s­ INFORMATIVE mission toward Huron and Wessington Springs at station located at Broadland, 9 miles northw est of Huron, S. Dak. It appears that the following set of applications may be mutually exclusive, and subject to the Commission’s rules regarding ex parte presentations, by reason of economic competi­ 3720- C1-P-69—N orthw estern Bell Telephone Co.; (KBD64); C.P. to add frequencies 6197.2 tion or potential electrical interference. and 6315.9 MHz tow ard Fort Thompson, S. Dak., and add frequencies 6226.9 and 6345.5 MHz toward Kimball, S. Dak. (new point of communication) at station located 2 miles MONTANA northeast of Chamberlain, S. Dak. Montana Communications (KOF914), Missoula, Mont., File No. 550-C2-P-69. 3721- Cl—P-69—Northwestern Bell Telephone Co.; (New); C.P. for a new fixed station. Fre­ Jack R. Zeckman, doing business as West Montana Mobile Telephone; (New); Missoula, quencies: 5945.2 and 6063.8 MHz tow ard Cham berlain, S. Dak.; 5974.8 an d 6093.5 m b * Mont., File No. 4058-C2-P-67. tow ard W essington, S. Dak.; 6019.3 and 6137.9 MHz tow ard Harrison, S. Dak. Location: 5 POINT-TO-POINT MICROWAVE RADIO SERVICE (TELEPHONE CARRIERS) miles southeast of Kimball, S. Dak. (Informative: Applicant is proposing to integrate the microwave system purchased from the Bureau of Reclamation with an existing mes­ 3707- C1-P-69—Pacific N orthw est Bell Telephone Co.; (KPZ75); C.P. to add frequency 2113.0 sage microwave network.) MHz toward Pine Lookout, Oreg., and change antenna system at its station located at 3826- Cl-P-69—Pacific Northwest Bell Telephone Co.; (New); C.P. for a new fixed station 100 Kearney Street, Bend, Oreg. to be located at 528 Sixth Avenue, Lewiston, Idaho, to operate on frequencies 4050 and 3708- C1-P—69—Pacific Northwest Bell Telephone Co.; (New); C.P. for a new fixed station. 4130 MHz. Frequencies; 2163.0 and 2177.0 MHz. Location: Pine Lookout, 6 miles south of Millican, 3827- C1-P—69—Pacific Northwest Bell Telephone Co.; (New); C.P. for a new fixed station. Oreg. Frequencies: 3770, 3850, 4070, and 4150 MHz. Location: 2.1 miles east-northeast of Peola 3087— C l—P-69—Illinois Bell Telephone Co.;. (KSN59); C.P. to add frequencies 6241.7, 11,115.0 Wash. MHz toward Kola, 111., 6271.4 and 6390.0 MHz toward Elgin, 111., and replace transmitters 3828- C1—P-69—Pacific Northwest Bell Telephone Co.; (KOJ95); C.P. to add frequencies

operating on 10,915.0 and 11,155.0 MHz and change an ten n a system a t its statio n located 3710, 3790 MHz toward Peola, Wash., and add 4030 and 4110 MHz toward Sprague, Wash., NOTICES 2.5 miles southw est of Wasco, 111. and change an ten n a system a t statio n located 2.5 miles east of Benge, Wash, 3088— C1-P-69—Illinois Bell Telephone Co.; (KSN60); C.P. to add 5989.7 and 6108.3 MHz 3829- C1-P-69—Pacific N orthw est Bell Telephone Co.; (K O J96); C.P. to add 3750 and 3830 toward Wasco, 111., and change antenna system at station located 255 East Chicago Street, MHz toward Benge, Wash., and add 2178.4 MHz toward Brown’s Mountain, Wash., at Elgin, 111. station located 1 mile northwest of Sprague, Wash. 3089— C l—P—69—Illinois Bell Telephone Co.; (KX R54); C.P. to add frequencies 6019.3 and 3830- C1-P-69—Pacific Northwest Bell Telephone Co.; (KOM52); C.P. to add frequency 11,565.0 MHz tow ard Wasco, 111., at station located 1.53 miles north of Eola, 111. 2128.4 MHz toward Sprague, Wash., and change antenna system at station located at 3711- C1-ML-69—Northwestern Bell Telephone Co.; (KBI43); Modification of license to Brown’s Mountain, 7.5 miles southeast of Spokane, Wash. change frequencies 6189.8 and 6308.4 MHz toward Fort Thompson, S. Dak., to 6271.4 and POINT-TO-POINT MICROWAVE RADIO SERVICE (NONTELEPHONE) 6330.7 MHz at station located at Big Dam, 2.8 miles south of Fort Thompson, S. Dak. 3712- C1-MP-69—Northwestern Bell Telephone Co.; (KYN43); Modification of C.P. to 3698-C1—TC-(6) —69 —Video Service Co.; Consent to transfer of control, pro fomia, from change frequencies 6286.2 and 6404.8 MHz tow ard W atertown, S. Dak., to 6226.9, 6345.5 Atlanta Newspapers, Inc., Dayton Newspapers, Inc., and Springfield Newspapers, Inc., MHz a t station located 5.2 m iles south-southw est of Clark, S. Dak. Transferors to Cox Enterprises, Inc., Transferee. Stations: KS092—Scircleville, Ind. 3713- C1—MP-69—Northwestern Bell Telephone Co.; (KYN37); Modification of C.P. to KS093—Wellsboro, Ind. KS094—Delong, Ind. KSP63—Logansport, Ind. KSP64—Monti- delete frequencies 6034.2 and 6152.8 MHz and W essington Springs, S. Dak., as a point of cello, Ind. KVD52—Peru, Ind. communication at station located at Highmore, 7.5 miles north-northwest of Stephan, 3692- C1-P-69—Minnesota Microwave, Inc.; (New); C.P. for a new station to be located at S. Dak. Aeronautical Engineering Building on University of Minnesota Main Campus; Minne­ 3714- Cl-P-69—Northwestern Bell Telephone Co.; (KAZ55); C.P. to add frequencies 5989.7 apolis, M inn., a t lat. 44°58'32" N., long. 93°13'56" W. Frequencies: 6011.9, 6071.2, and and 6108.3 MHz toward Harrison, S. Dak. at station located 3 miles east-northeast of 6130.5 MHz on azim uth 267°42\ Pickstown, S. Dak. 3693- C1—P-69—Minnesota Microwave, Inc.; (New); C.P. for a new station at Foshay Tower 3715- C1-P-69—Northwestern Bell Telephone Co.; (KBD62); C.P. to add frequencies 6241.7 Building in Minneapolis, Minn., at lat. 44°58'28" N„ long. 93°16'17" W. Frequencies: and 6108.3 MHz tow ard Broadland, S. Dak., a t statio n located a t Huron, S. Dak. 6264.0, 6323.3, and 6382.6 MHz on azim uth 150°12\ 3716- C1-MP-69—Northwestern Bell Telephone Co.; (KYN40); Modification of C.P. to 3694- C1-P-69—Minnesota Microwave, Inc.; (New); C.P. for a new station to be located at change frequencies and point of com m unication from 6123.1 and 6004.5 MHz tow ard 2.6 miles southeast of Cannon Falls, Minn., at lat. 44*28'45" N., long. 92°52'50" W. W essington Springs, S. Dak., 5974.8 and 6093.5 MHz tow ard F ort Randall, S. Dak., via a Frequencies: 6049.1, 6100.9, an d 6160.2 MHz on a zim uth 141°42\ passive reflector to 6241.7 and 6360.3 MHz tow ard Kim ball, S. Dak., and 6271.4 and 6390.0 3695- C1-P-69—Minnesota Microwave, Inc.; (New); C.P. for a new station to be located MHz toward Pickstown, S. Dak., at station located at Harrison, S. Dak. 2 miles east of Rochester, Minn., at lat. 44°03'22'' N., long. 92°24'39” w. Frequencies: 3717- C1-MP-69—Northwestern Bell Telephone Co.; (KBI44); Modification of C.P. to add 6011.9, 6071.2, and 6130.5 MHz on azim uth 272°36' and 176° 18'. (Inform ative: Applicant frequencies 5974.8 and 6093.5 MHz toward Chamberlain, S. Dak., and change frequencies proposes to provide three channels of educational television from the University of 5967.4 and 6086.0 MHz tow ard Big Bend Dam, S. Dak., to 5989.7 and 6049.0 MHz a t statio n Minneapolis to the IBM Building and to the Rochester Junior College in Rochester, Minn.) located 4 miles n o rth of Fort Thompson, S. Dak. [F.R. Doc. 69-321; Filed, Jan. 9, 1969; 8:47 a.m.]

FEDERAL REGISTER, VOL. 34, NO. 7— FRIDAY, JANUARY 10, 1969 407 No. 7- -7 408 NOTICES

[Dockets Nos. 18408,18409; FCC 68-1219] designated for hearing in a consolidated Bay; (c) Faulkner’s opposition to the proceeding, at a time and place to be spe­ petition to strike; and (d) Bay’s reply LESTER H. ALLEN AND SALT-TEE cified in a subsequent order, upon the fol­ to opposition.1 RADIO, INC. lowing issues: 2. In its petition to deny Faulkner Order Designating Applications for 1. To determine which of the proposals asserts that certain alleged misrepre­ Consolidated Hearing on Stated would better serve the public interest. sentations contained in Bay’s applica­ 2. To determine in the light of the evi­ tion warrant either the dismissal of its Issues dence adduced pursuant to the foregoing proposal or the addition of issues to de­ In re applications of Lester H. Allen, issue, which of the applications for con­ termine whether Bay has the requisite Ocean City, N.J., requests: 106.3 mes, No. struction permit should be granted. character qualifications to be a licensee 292; 3 kw.; 300 feet, Docket No. 18408, 1. It is further ordered, That the pro­ of the Commission. According to Faulk­ File No. BPH-6374; Salt-Tee Radio, Inc., visions of § 73.315(a) of the Commis­ ner, its investigations reveal that Mr. Ocean City, N.J., requests: 106.3 mes, No. sion’s rules are waived to permit a signal Joel Bluestone, secretary-treasurer and 292; 3 kw.; 300 feet, Docket No. 18409, level of less than 3.16 mv/m over the en­ principal shareholder (80 percent) of File No. BPH-6457 ; for construction tire city of Ocean City, N.J. Bay, has twice been involved in bank­ permits. ruptcy proceedings, and that his wife, 8. It is further ordered, That to avail Mary Nance Bluestone, vice-president of 1. The Commission has under consid­ themselves of the opportunity to be Bay, has once filed for bankruptcy. In eration the above captioned and de­ heard, the applicants, pursuant to § 1.221 completing paragraphs 10(f) and 10(h) scribed applications which are mutually (c) of the Commission’s rules, in person exclusive in that operation by the appli­ or by attorney shall, within twenty (20) of section II of Form 301, however, Bay cants as proposed would result in mu­ days of the mailing of this order, file failed to make any mention of these tually destructive interference. bankruptcies, indicating instead that with the Commission in triplicate, a writ­ none of its principals had ever been de­ 2. Data submitted by the applicants ten appearance stating an intention to clared bankrupt. As its response to sec­ indicate that there would be a significant appear on the date fixed for the hearing tion IV—A, paragraph 1-A of the appli­ difference in the size of the populations and present evidence on the issues spe­ cation form, which requests that the which would receive service from the cified in this order. applicant state the methods used to proposals. Consequently, for the purposes 9. It is further ordered, That the appli­ ascertain the needs and interests of the of comparison, the areas and populations cants herein shall, pursuant to section public to be served by the proposed sta­ within the 1 mv/m contours together 311(a)(2) of the Communications Act tion, Bay submitted its Exhibit No. 5! with the availability of other FM serv­ of 1934, as amended, and § 1.594 of the Therein, the applicant stated that its ices of 1 mv/m or greater intensity in Commission’s rules, give notice of the president and general manager, Donald such areas will be considered under the hearing, either individually or, if feasible R. Moore, had, inter alia, conducted a standard comparative issue, for the pur­ and consistent with the rules, jointly, personal survey of 23 community leaders pose of determining whether a compara­ within the time and in the manner pre­ in Bay St. Louis and the immediate vicin­ tive preference should accrue to either scribed in such rule, and shall advise the ity.2 According to Faulkner, however, 14 of the applicants. Commission of the publication of such of these persons have never been con­ 3. Salt-Tee Radio, Inc., proposes du­ notice as required by § 1.594(g) of the tacted by any representative of Bay con­ plicated programing seasonally varying rules. cerning any radio station or radio pro­ from 21.43 percent to 28.57 percent while Adopted: December 18,1968. gram. Affidavits to this effect have been Lester Allen proposes independent pro­ Released: January 6,1969. submitted from each of the 14 persons in graming. Therefore, evidence regarding question. Furthermore, in light of these program duplication will be admissible F ederal C ommunications alleged misrepresentations, Faulkner under the standard comparative issue. C o m m is s io n ,1 asserts that the reliability of Bay’s entire When duplicated programing is proposed, [seal] B en F . W aple, programing survey is thrown into ques­ the showing permitted under the stand­ Secretary. tion. Therefore, it is requested that an ard comparative issue will be limited to [F.R. Doc. 69-322; Filed, Jan . 9, 1969; issue also be added to determine whether evidence concerning the benefits to be 8:47 a.m.] Bay has adequately investigated the derived from the proposed duplication, programing needs of the Bay St. Louis and a full comparison of the applicants’ area. program proposals will not be permitted [Dockets Nos. 18412,18413; FCC 68-1229] 3. Bay’s response to these allegations in the absence of a specific programing FAULKNER RADIO, INC., AND BAY takes the form of a petition to strike. inquiry—Jones T. Sudbury, 8 FCC 2d 360, Attention is drawn to the fact that over FCC 67-614 (1967). BROADCASTING CORP. 4 months had elapsed beyond the cut-off 4. Neither applicant will be able to pro­ Memorandum Opinion and Order date of Bay’s application before the vide a 3.16 mv/m signal to the entire city Designating Applications for Con- of Ocean City, N.J., as required by 1 On Nov. 19, 1968, Bay filed an additional § 73.315(a) of the Commission’s rules. sdTrdated Hearings on Stated Issues pleading entitled “Petition to Designate ior This situation is traceable to the shape of In re applications of Faulkner Radio, Hearing on Stated Issues”, which raised the community and the need to select a Inc., Slidell, La., Requests: 1190 kc, 1 questions not previously mentioned by either applicant. Faulkner, in turn, filed an opposi­ site some distance from it to meet the re­ kw, Day, Docket No. 18412, File No. BP- tio n on Dec. 10, 1968. These pleadings are, quired spacings. The proposed sites ap­ 17057; Bay Broadcasting Corp., Bay St;, however, both untimely and unauthorized proximate the best possible coverage Louis, Miss., Requests: 1190 kc, 5 kw, pursuant to §§ 1.45(c) and 1.580(i) of the under these circumstances. Accordingly, Day, Docket No. 18413, File No. BP- rules. Simultaneously with its opposition we have determined that waiver of this 17244; for construction permits. pleading, Faulkner amended its application provision is appropriate. 1. The Commission has before it the in an apparent effort to obviate the objec­ tions raised by Bay. Prior to the receipt of 5. Except as indicated below, the ap­ above-captioned applications which are all these submissions, however, we had on plicants are qualified to construct and mutually exclusive in that simultaneous our own motion considered the matters raised operate as proposed. However, because of operation of the stations proposed would therein, and these belated filings do not their mutual exclusivity, the Commis­ result in prohibited overlap of contours persuade us to alter our present conclusions. sion is unable to make the statutory find­ as defined by § 73.37 of the Commission’s (See par. 14, in fra ). ing that a grant of the applications would rules. Also before the Commission are: 2 The persons that Moore allegedly con­ serve the public interest, convenience (a) A petition to deny the application of tacted include such local leaders as niayor, school superintendent, rotary club and and necessity, and is of the opinion that Bay Broadcasting Corp. (hereinafter, chamber of commerce presidents and several the applications must be designated for Bay), filed by Faulkner Radio, Inc. members of the clergy. In addition, Bay states hearing on the issues set forth below. (hereinafter, Faulkner); (b) a petition that it conducted a random telephone survey 6. It is ordered, That, pursuant to sec­ to strike the Faulkner objections filed by of the general public, using a prepared ques­ tion 309(e) of the Communications Act tionnaire to determine their needs and of 1934, as amended, the applications are 1 Commisisoner Cox absent. interests.

FEDERAL REGISTER, VOL. 34, NO. 7— FRIDAY, JANUARY 10, 1969 NOTICES 409 Faulkner petition was submitted.3 In persons in question, he should be able to appropriate affidavits both from its own addition to this procedural defect, Bay support his contentions with sufficient agents and from presumably disinterest­ argues throughout that Faulkner has records of the conversations. The argu­ ed members of Bay St. Louis and its sought, by reckless and unsupported ment that Moore was not mentioned by environs. As for Bay’s attempt to refute allegations, to malign the character name in Faulkner’s affidavits, and, there­ the allegations of misrepresentation in qualifications of its principals. While fore, that they are invalid, is dismissed as its programing survey, while its counsel admitting that he and his wife were in­ without merit. Faulkner contends that maintains that copies of questionnaires volved in bankruptcy proceedings sev­ Moore is now in fact a representative of reflecting Moore’s conversations with eral years ago, Joel Bluestone states by Bay, and that the affiants involved, being each of the 14 affiants in question are affidavit that he did not deliberately fail persons of responsibility and stature available, these questionnaires, with the to supply this information. Noting that within the community, would not be exception of the one allegedly pertaining Donald Moore supervised preparation of taken in by such subtleties as Bay sug­ to Moore’s interview with M. Haas, have the application form, Bluestone affirms gests may have taken place. In addition, not been submitted for Commission ex­ that any nondisclosure of the bank­ Faulkner has submitted affidavits from amination.6 Thus, it would appear that, ruptcies was merely an oversight on his its local agents, who assert that at the while Bay may have the best evidence owfi part in examining Form 301 prior time the 14 affiants were questioned, all available to refute Faulkner’s allega­ to its submission. With regard to Bay’s but one* of these persons, was informed tions, it has itself chosen not to present program survey, Donald Moore reaffirms that Moore and Bluestone were the prin­ the questionnaires at this time. Compare that he personally telephoned the 23 cipals of Bay. With regard to the bank­ Jones T. Sudbury, supra. Instead, Bay community leaders listed in the applica­ ruptcy omissions, Faulkner reiterates has relied upon affidavits from Moore tion, and that he noted their responses that Bay is responsible for the accuracy himself and from other Bay St. Louis on questionnaire forms which were con­ of its application. Faulkner argues that residents who do not profess to know sulted during the conversations. In ap­ Bluestone, as an 80 percent shareholder specifically which persons Moore con­ praising the affidavits Faulkner obtained and officer of the corporation, cannot tacted. Aside from indicating that some from the 14 persons in question, Bay avoid his responsibility by claiming that survey was taken, the latter affidavits stresses that, either by design or other­ someone else prepared the application. fail to refute Faulkner’s basic allegation wise, each affidavit is couched in identical 5. In reply, Bay again attacks Faulk­ that 14 of the 23 community leaders sup­ terms; that any reference to Moore by ner’s initial supporting affidavits as mis­ posedly surveyed were never in fact con­ name is omitted; and that the affiants leading and invalid. It is noted that tacted. Likewise, Bay’s preoccupation state only that they have “not been con­ Faulkner’s use of the word “contact” in with the semantics of Faulkner’s sup­ tacted by any representative or repre­ its form affidavit may have persuaded the porting affidavits fails to convince us sentatives of Bay Broadcasting Co., Inc.” 14 affiants to believe that a “contact” either that Faulkner has managed to de­ [sic]. Moore claims, however, that all of meant a face-to-face meeting rather ceive the 14 affiants, or that its allega­ his programing contacts were made than the telephone call they allegedly tions of misrepresentation are unfound­ prior to the formation of Bay as a cor­ received from Moore. Citing the decision ed. In addition, Bay’s supposition that poration, and, therefore, he referred to in Jones T. Sudbury, 67Rr-164, 9 RR 2d the affiants may simply have forgotten himself merely as “Don Moore”, rather 1329 (1967), Bay raises the possibility their respective telephone conversations than as the representative of any cor­ that the affiants may have forgotten tele­ with Moore is not persuasive. According­ porate applicant. Thus it is contended phone interviews which it maintains oc­ ly, we find that an issue is warranted to that at most the affidavits establish only curred approximately 1 year prior to determine whether Bay’s programing what they state, which is in itself incon­ Faulkner’s inquiry.4 In addition, Bay has survey contains misrepresentations con­ clusive. Bay has also submitted affidavits submitted a questionnaire said to have cerning the number and identity of the from various local residents affirming been filled out during the telephone con­ community leaders actually interviewed. that a survey of the area was in fact versation with M. Haas, one of the afore­ Cf Lebanon Broadcasting Co., FCC 67- made. These include statements from J. mentioned 14 affiants. Counsel for Bay 1305, 10 FCC 2d 936 (1968). Ruble Griffin, a Bay St. Louis attorney, also states that it has the remaining 8. Regarding the Bluestones’ unre­ who states he furnished Bluestone and questionnaires in its possession, but thus ported bankruptcies, Joel Bluestone’s Moore with a list of local civic and busi­ far these have not been submitted for affidavit affirms in substance the allega­ ness leaders, and Mrs. Maurice J. Commission perusal. tions made in the petition to deny. As Artigues, who affirms, inter alia, that she 6. Despite its belated filing, the Com­ Faulkner has pointed out, an applicant conducted an extensive telephone survey mission will, pursuant to § 1.587 of the cannot avoid the responsibility for ac­ for the applicant, filling out a question­ rules, treat Faulkner’s petition to deny curate and full disclosure in its appli­ naire for each person interviewed. on its merits as an informal objection. cation simply by noting that only one 4. In opposition to Bay’s petition toAs Faulkner has noted, consideration of of its principals prepared the proposal. strike, Faulkner admits that its initial its objections at this time will serve to This is especially the case where, as here, Pleading was untimely. It states that the expedite matters, since Faulkner, in any the nondisclosure involves the applicant’s matters in question came to its attention event, could petition to enlarge issues controlling shareholder. Bluestone argues during the course of its preparation for after designation of the applications for that since no findings of culpability were the hearing that will be necessitated in hearing. Moreover, upon review of the involved in the bahkruptcies, he had no this case because of the mutually exclu­ various affidavits and contradictory motive for failing to disclose their occur­ sive nature of the two applications. Rather than withholding its information pleadings now before us, the Commission rence. However, since the nondisclosure until the hearing, Faulkner argues that finds that Faulkner has raised substan­ is admitted, it will be necessary for the it sought to expedite matters so that the tial and material questions of fact, both Hearing Examiner to take evidence for as to the authenticity of Bay’s represen­ the purpose of determining what effect, Commission might consider its allega­ tations on its survey of community pro­ tions at the prehearing stage. So far as graming needs and as to Bay’s failure to if any, the failure to disclose past bank­ the merits of Bay’s arguments are con­ disclose prior bankruptcy proceedings in­ ruptcies has upon Bay’s requisite and cerned, Faulkner notes that none of volving its controlling shareholder. comparative qualifications to receive a Bay’s supporting affidavits actually state grant. the names of the persons contacted. Ac­ 7. As to Bay’s contention that Faulk­ cording to Faulkner, if Moore did call the ner’s allegations constitute a reckless and unwarranted attempt to malign the 6 The questionnaire that Bay did submit character of Bay’s shareholders, we find, has the name and title “M. Haas-Pres. Jc’s” 3 Bay’s application was cut-off on Dec. 20, written across the top. Presumably this re­ 1966, and Faulkner’s petition to deny was on the contrary, that Faulkner has ade­ fers to Michael D. Haas, past president of the not filed u n til May 8, 1967. Bay also argues quately supported its contentions with Bay St. Louis Jaycees, who is one of the 14 that the dates of Faulkner’s supporting affiants under debate herein. The sheet con­ affidavits (Jan. 1, 1967 to May 2-, 1967) sug­ 4 According to Moore, he made most of thetains brief answers to eight questions of a gest that Faulkner did not even initiate prep­ telephone interview s in Jan. 1966. The 14 general programing nature. It is not dated, aration of its petition until after the Bay affidavits initially obtained by Faulkner are however, nor is it designed in any way to cut-off date had run. dated Jan. 1, 1967, to Mar. 4, 1967, inclusive. be signed by the interviewee.

FEDERAL REGISTER, VOL. 34, NO. 7— FRIDAY, JANUARY 10, 1969 410 NOTICES

9. Based on the questions raised con­the proposed station for 1 year without two bank loan commitments of $40,000 cerning Bay’s survey of community lead­ revenues. each. Examination of Faulkner’s balance ers, Faulkner has also requested impo­ 11. Examination of the engineering sheet, however, reveals current liabilities sition of an issue to determine whether portion of the Faulkner application, as in excess of current assets, and thus the the applicant has sufficiently investigated amended on June 27,1968, indicates that cash on hand of $3,000 cannot be as­ the programing needs of the Bay St. its proposed 5 mv/m contour will pene­ sumed to be available for the instant Louis area. Suburban Broadcasters, 30 trate the city limits of New Orleans. proposal. In addition, the Baldwin Na­ FCC 1021, 20 RR 951 (1961). Even as­ Slidell’s population according to the 1960 tional Bank of Robertsdale, Ala., has suming, however, that the questions per­ U.S. Census is 6,356, while New Orleans made its loan of $40,000 contingent upon taining to its survey are resolved in Bay’s has a population of 627,525. In view of the personal guarantee of James H. favor, we find that the applicant’s ascer­ these circumstances, a presumption is Faulkner, Sr., controlling shareholder of tainment of community needs fails to raised that the applicant is realistically the applicant corporation. To date, Mr. meet the criteria recently reaffirmed by proposing an additional - transmission Faulkner has not signified his willing­ the Commission in Minshall Broadcast­ service for the larger city rather than its ness to accept this personal liability, and ing Co. Inc., 11 FCC 2d 796, 12 RR 2d designated community of Slidell. Policy thus the loan cannot be credited toward 502 (1968), and the Commission’s Public Statement of section 307(b) Considera­ the applicant’s financial requirements. Notice of August 22, 1968, FCC 68-847. tions for Standard Broadcast Facilities We note, however, that even if the full Accepting, arguendo, that Bay’s survey Involving Suburban Communities, 2 FCC amount of $80,000 in loans were ade­ took place substantially as professed in 2d 190, 6 RR 2d 1901 (1965). Since quately shown to be available, Faulkner’s Exhibit No. 5 of its application, it would Faulkner has made no attempt to rebut financial resources would still be short appear that a cross-section of the listen­ the aforementioned presumption, an ap­ of the $92,309 total required. Therefore, ing public and a sampling of informed propriate issue will be added to explore a financial issue will be specified to deter­ opinion in the community has been con­ the matter further. If, in the course of mine whether the applicant has suffi­ tacted. Report and Statement of Policy this proceeding, Faulkner fails to rebut cient funds available to construct and Re: Commission En Banc Programing the presumption that it is realistically operate as proposed for 1 year without Inquiry, FCC 60-910, released July 29, proposing to serve New Orleans rather reliance upon prospective revenues. 1960, 20 RR 1902. However, aside from than Slidell, and fails to show, pursuant 14. As originally filed Faulkner’s appli­ a brief statement that the community is to issue (8) below, that its proposal meets cation did not contain section H of Form much interested in the national space all of the technical provisions of the 301, which refers to the legal qualifica­ program, due to the establishment of a Commission’s rules for a station assigned tions and other ownership interests, of testing facility nearby, and that a need to New Orleans, its application will be the applicant. Instead, the Commission exists for local news and announcements, denied. If, however, its proposal qualifies was requested to consult its ownership Bay, despite its reference to use of a as one for New Orleans under such issue, reports (Form 323) for the required in­ planned questionnaire, says very little we will then consider whether its appli­ formation. These reveal that Faulkner is about the actual program suggestions as cation should be allowed to remain in licensee of several southeastern radio sta­ to community needs it received or how its hearing. tions.6 Thereafter, on May 20, 1968, program format will reflect the area’s 12. In response to paragraph 1-A of Faulkner notified the Commission that it needs as evaluated. In view of the nature section IV-A, regarding its ascertain­ had assumed control of Station WGAA, of community leadership allegedly inter­ ment of local programing needs and in­ Cedartown, Ga., and that on March 18, viewed and the absence of alternative terests, Faulkner has made rather vague 1968, it had filed an application for a local AM service in Bay St. Louis, this reference to contacts with an indetermi­ new FM station in Rockmart, Ga. (BPH- lack of informative response requires fur­ nate number of community leaders and 6224). Nowhere, however, has the appli­ ther explanation. Therefore, in the event other residents of Slidell. Based on cant made mention of its currently pend­ Bay demonstrates to the satisfaction of Faulkner’s brief summation of its survey ing application (BPH-5493) for a new the Hearing Examiner that its survey efforts, however, we are unable to con­ FM station to be located in Slidell.7 While took place as alleged, it will be necessary clude that a fair cross-section of in­ no apparent motive for concealment sug­ for the applicant to fully demonstrate its formed opinion and group interest in the gests itself, in light of our abiding inter­ efforts to ascertain the community needs Slidell community has been adequately est in concentration of control and local and interests of the Bay St. Louis area canvassed. Compare Andy Valley Broad­ diversification, Faulkner’s failure to note and the manner in which it proposes to casting System, Inc., 12 FCC 2d 3, 12 RR the pendency of an application for an meet those needs and interests. 2d 691 (1968). Although the applicant additional Slidell facility assumes con­ 10. On the basis of its original applica­proposes to devote time on a weekly basis siderable significance. Therefore, an is­ tion and amendments, Bay will require to a community affairs program, Faulk­ sue will be specified to determine what approximately $76,280 to construct and ner has not sufficiently indicated what effect, if any, the applicant’s failure to operate the proposed station for 1 year suggestions of community programing keep the Commission informed, as re­ without revenue. The alleged cash re­ needs it has received, nor does the pro­ quired by § 1.65 of the rules, of the filing quirements are as follows: Down pay­ posed programing reflect an attempt to of its proposal for an FM station at Sli­ ment on equipment, $6,500; first-year meet those needs as evaluated. Accord­ dell has upon its requisite and compara­ payments on equipment, including inter­ ingly, in keeping with the Minshall de­ tive qualifications to receive a grant of est, $7,280; land, $12,500; building cision, supra, a Suburban programing its instant application. Cf. Vernon $10,000; miscellaneous, $4,000; and work­ issue will be included so that Faulkner ing capital for 1 year, $36,000. To meet may fully demonstrate its effort to ascer­ 6 Commission ownership reports indicate these financial requirements, the appli­ tain the community needs and interests that Faulkner Radio, Inc., is licensee of the cant relies upon paid-in capital of of the Slidell area and the manner in following stations: WBCA and WWSM-FM, $10,000 and a loan commitment from the which it proposes to meet those needs Bay Minette, Ala.; WLBB and WBTR-FM, Hancock Bank of Bay St. Louis for and interests. Carrollton, Ga.; WAOA, Opelika, Ala.; and WFRI-FM, Auburn, Ala. $30,000. The bank’s letter, submitted as 13. Analysis of Faulkner’s financial 7 In its decision in Bill Garrett Broadcast­ evidence of its commitment, fails, how­ requirements indicates that $92,309 will ing Corp., FCC 68R-214, released May 23, ever, to state the terms of repayment or be needed for construction and first-year 1968, 13 RR 2d 163, th e Review Board granted if any collateral is involved. See section operation of the proposed station. An­ Faulkner’s application for an FM construc­ n i, paragraph 4(h) of Form 301. Conse­ ticipated expenses consist of down pay­ tion permit to operate on Channel 287 at quently, we are unable to include the ment on equipment, $10,297; first-year Slidell. The competing application of Bill $30,000 loan in the computation of Bay’s payments on equipment including inter­ Garrett Broadcasting Corp. (BPH-5482) for available funds. Thus, it appears that est, $11,532; buildings, $6,000; loan cur­ the same authorization was denied. How­ ever, the Commission, on its own motion, has only $10,000 is currently available to tailments, $20,000; loan interest, $480; decided, pursuant to § 1.117 of the rules, to meet anticipated first-year expenses of miscellaneous, $4,000; and first-year review the Board’s decision. FCC 68-702, re­ $76,280. Accordingly, a financial issue will working capital, $40,000. The applicant leased Ju ly 5, 1968. Oral argum ent was held be included to determine the applicant’s proposes to meet these expenses by re­ before the Commission, en banc, on Nov. 14, financial ability to construct and operate lying upon existing cash of $3,000 and 1968.

FEDERAL REGISTER, VOL. 34, NO. 7— FRIDAY, JANUARY 10, 1969 NOTICES 411 Broadcasting Co., 12 FCC 2d 946, 13 RR qualifications of Bay Broadcasting Corp. (10) To determine whether Faulkner 2d 245 (1968); Romac Baton Rouge to receive a grant of its application. Radio, Inc., has continued to keep the Corp., 7 FCC 2d 564, 9 RR 2d 1029 (1967). (5) To determine with regard to the Commission informed of substantial 15. Examination of the Commission’s application of Bay Broadcasting Corp.: changes of decisional significance as re­ records discloses that the W. D. Alex­ (a) Whether the $30,000 loan com­ quired by § 1.65 of the Commission’s ander Co. of Atlanta, Ga., distributors of mitment from the Hancock Bank of Bay rules. General Electric products, has filed a St.- Louis is available to the applicant, (11) To determine whether Faulkner complaint alleging fraudulent billing and, if so, the terms of its repayment Radio, Inc., has engaged in fraudulent practices with regard to WBTR-FM, li­ and collateral required, if any; billing practices in the operation of its censed to Faulkner Radio, Inc., at Car­ (b) The source of additional funds station WBTR-FM, Carrollton, Ga. rollton, Ga.8 The distributor furnished to necessary to meet the costs of construc­ (12) To determine the effect of the the Commission copies of original affi­ tion and operation of the station during facts adduced pursuant to issues (10) davits received from WBTR-FM for the the first year; and and (11) above, on the requisite and first 4 months of 1968 and revised affi­ (c) In light of the evidence adduced comparative qualifications of Faulkner davits submitted at a later date covering pursuant to (a) and (b) above, whether Radio, Inc., to receive a grant of its the same months. The revised affidavits the applicant is financially qualified. application. were submitted after the G.E. distributor (6) To determine the efforts made by (13) To determine in the light of sec­ had checked the station’s logs and found the applicants to ascertain the commu­ tion 307(b) of the Communications Act that log entries did not correspond to nity needs and interests of their respec­ of 1934, as amended, which of the pro­ the spot announcements billed. These tive service areas and the manner in posals would best provide a fair, efficient, latter affidavits show a considerably which the applicants propose to meet and equitable distribution of radio lesser number of announcements broad­ such needs and interests. service. cast by the station in 3 of the 4 months. (7) To determine whether the pro­ (14) To determine, in the event it is Thus, it is apparent that the billing prac­ posal of Faulkner Radio, Inc., will realis­ concluded that a choice between the ap­ tices of WBTR-FM involve questions of tically provide a local transmission facil­ plications should not be based solely on serious misconduct on the part of a Com­ ity for its specified station location or considerations relating to section 307 mission licensee. Accordingly, an issue for another larger community, in light (b), which of the operations proposed will be added to determine what effect, of all the relevant evidence, including, in the above-captioned applications if any, Faulkner’s conduct of its Carroll­ but not necessarily limited to, the show­ would better serve the public interest. ton FM operation has upon its requisite ing with respect to: (15) To determine, in light of the evi­ and comparative qualifications to receive (a) The extent to which the specified dence adduced pursuant to the foregoing a grant of its Slidell application. station location has been ascertained by issues, which, if either, of the applica­ 16. Except as indicated by the issues the applicant to have separate and dis­ tions should be granted. specified below, the applicants are quali­ tinct programing needs; 18. It is further ordered, That the peti­ fied to construct and operate as proposed. (b) The extent to which the needs tion to deny filed by Faulkner Radio, Inc., However, since the proposals are mu­ of the specified station location are being and the “Petition to Designate for Hear­ tually exclusive, they must be designated met by existing standard broadcast ing on Stated Issues” filed by Bay for hearing in a consolidated proceeding stations; Broadcasting Corp. are denied. on the issues specified below. (c) The extent to which, the appli­ 19. It is further ordered, That the peti­ 17. Accordingly, it is ordered, That cant’s program proposal will meet the tion to strike filed by Bay Broadcasting pursuant to section 309(e) of the Com­ specific unsatisfied programing needs of Corp. is granted to the extent indicated munications Act of 1934, as amended, the its specified station location; and and is denied in all other respects. applications are designated for hearing (d) The extent to which the projected 20. It is further ordered, That in the in a consolidated proceeding, at a time sources of the applicant’s advertising event of a grant of the application of and place to be specified in a subsequent revenues within its specified station lo­ Bay Broadcasting Corp., the construction order, upon the following issues: cation are adequate to support its pro­ permit shall contain the following condi­ (1) To determine the areas and popu­ posal, as compared with its projected tion: In the event of a grant of the ap­ lations which would receive primary sources from all other areas. plication filed by Michael D. Haas for service from each of the proposals and (8) To determine, in the event that a new standard broadcast station on 1140 the availability of other primary service it is concluded pursuant to the foregoing kc, 250 w, DA-Day, at Bay St. Louis, Miss. to such areas and populations. issue that the proposal will not realisti­ (File No. BP-18154), permittee herein (2) To determine whether Bay Broad­ cally provide a local transmission service shall share the responsibility of elimi­ casting Corp., or any of its principals, for its specified station location, whether nating any problems of cross-modulation, failed to disclose prior bankruptcy pro­ such proposal meets all of the technical reradiation, or spurious emissions which ceedings involving Joel Bluestone and provisions of the rules for standard may occur. Mary Nance Bluestone. broadcast stations assigned to the most 21. It is further ordered, That, to avail (3) To determine in connection with populous community for which it is de­ themselves of the opportunity to be the community survey allegedly con­ termined that the proposal will realisti­ heard, the applicants herein, pursuant ducted by Bay Broadcasting Corp., cally provide a local transmission service, to § 1.221(c) of the Commission’s rules, whether the applicant or any of its prin­ namely, New Orleans, La. in person or by attorney, shall, within cipals misrepresented facts to the Com­ (9) To determine with regard to the 20 days of the mailing of this order, file mission or have in any manner attempted application of Faulkner Radio, Inc.: with the Commission in triplicate, a to deceive or mislead the »Commission. (a) Whether the $40,000 loan commit­ written appearance stating an intention (4) To determine the effect of the,facts ment from the Baldwin National Bank of to appear on the date fixed for the hear­ adduced pursuant to issues 2 and 3, Robertsdale, Ala., is available to the ap­ ing and present evidence on the issues above, on the requisite and comparative plicant, and, if so, whether Mr. James H. specified in this order. Faulkner, Sr., is willing to guarantee the 22. It is further ordered, That the ap­ 8 During 3 days in February 1968, tire copyrepayment of such loan in his individual plicants herein shall, pursuant to sec­ rather than General Electric copy was used capacity; tion 311(a)(2) of the Communications on Faulkner’s Carrollton AM station, WLBB, (b) The source of additional funds nec­ Act of 1934, as amended, and §1.594 of although the affidavit indicated the an­ essary to meet the costs of construction the Commission’s rules, give notice of the nouncements were for General Electric prod­ and operation of the station during the ucts. However, the distributor has indicated hearing, either individually or, if feas­ belief that this was an honest mistake on first year; and ible and consistent with the rules, jointly, the part of the station’s bookkeeper, as con­ (c) In light of the evidence adduced within the time and in the manner pre­ trasted to the FM billing, which was termed pursuant to (a) and (b) above, whether scribed in such rule, and shall advise the deliberate’'. the applicant is financially qualified. Commission of the publication of such

FEDERAL REGISTER, VOL. 34, NO. 7— FRIDAY, JANUARY 10, 1969 412 NOTICES notice as required by § 1.594(g) of the Issue 4 would inquire into Lake-River’s measured radial. See Verne Miller, FCC rules. selection of a tra n s m itte r site and 64R-115, 1 RR 2d 1027 (1964), and antenna design which would place a Patchogue Broadcasting Co., Inc., FCC Adopted: December 18,1968. signal from the null area of its radiation 59-544, 18 RR 625, 628 (1959). However Released: January 7,1969. pattern over the principal city to be those cases involved attempts to apply served, and that § 73.188(b) (1) and (2) the measured ground conductivity values [seal] F ederal C ommunications of the rules require an applicant to select over dissimilar terrains. The Bureau C o m m is sio n ,9 a site so that a signal of 25 to 50 mv/m alleges here that the terrain surround­ B e n F . W aple, will be obtained over the business or ing the proposed transmitter site is rela­ Secretary. factory area and 5 to 10 mv/m over the tively uniform, which Lake-River does [F.R. Doc. 69-323; Filed, Jan. 9, 1969; most distant residential section of the not attempt to refute. Section 73.188(i) 8:47 a.m.] city. The Bureau thus contends that, if of the rules, with reference to Figure ground conductivity of 4 mmhos/m were M-3, states that the values specified are [Dockets Nos. 18251-18257; FCC 68R-547] used, Lake-River’s proposal would ap­ only for general areas and the con­ parently comply with the above-stated ductivity values over particular paths LOUIS VANDER PLATE ET AL. provisions of the rules, but if the con­ may vary widely from those shown. This ductivity were 1.5 mmhos/m, the 25 section of the rules further states that, Memorandum Opinion and Order mv/m signal would not be provided over where the submission of field intensity Enlarging Issues the business district nor would the pro­ measurements is deemed necessary, the In re applications of Louis Vander posed 5 mv/m contour encompass all of Commission may require an applicant Plate, Franklin, N.J., et al., Docket No. the city of Lakewood. Finally, the Bureau to submit such data in support of its ap­ 18251, File No. BP-16837 18252, 18253, states that it is aware that, in most plication. Coastal Broadcasters, Inc., 18254, 18255, 18256, 18257, for construc­ instances, the conductivity established FCC 63R-252, 25 RR 712 (1963). Lake- tion permits. by measurements is restricted to the River proposes to use a directional areas and directions in which those antenna system which barely places a 25 1. This proceeding involves seven mu- measurements were taken, e.g., such as mv/m signal over the Lakewood business tually-exclusive applications for con­ in predicting interference where the district if the ground conductivity were struction permits to establish new contours fall a considerable distance 4 mmhos/m as indicated in Figure M-3. standard broadcast stations. By Memo­ from the proposed site. But here, the With lesser ground conductivity, Lake- randum Opinion and Order, FCC 68-731, Bureau asserts, reason compels an op­ River may not comply with the provi­ 13 FCC 2d 952, the applications were posite conclusion since the maximum sions of § 73.188(b) of the rules. In designated for consolidated hearing on distance to the business district of Lake- instances where there were close ques­ various issues. Presently before the Re­ wood is only 4.5 miles. tions of compliance with the rules, the view Board is the Broadcast Bureau’s 3. Lake-River, in opposition, contends Commission has designated issues requir­ petition to enlarge issues, filed October that the measurements set forth in its ing submission of measurements. See, 25, 1968.1 The requested issue would in­ exhibits were made from the vicinity of e.g., Coastal Broadcasters, Inc., supra, quire whether, based on measurements, the proposed site in the directions of and Jeannette Broadcasting Co., 29 FCC the proposal of Lake-River Broadcast­ 314° and 334° true, and the business 44, 19 RR 480 (1960). In this case the ing Corp. (Lake-River) would provide district is within the arc of 95° to 102° coverage of the business district is ob­ coverage of the city sought to be served true; that to apply the results of the tained on the edge of a sharp rising lobe as required by § 73.188(b) (1) and (2) measurements to determine the service of applicant’s directional array which of the Commission’s rules.2 to Lakewood would require interpreting barely provides the required coverage, 2. In support, the Bureau contends the measurements over an arc of greater and a small reduction in the conductivity that the Lake-River measurement data than 120 degrees; that the established would result in a violation of the rules. on 334° radial toward Somerville, N.J., policy of the Commission is to accept the Consequently, in the circumstances of reflects a ground conductivity of 0.5 to validity of measurements only within an this case, we believe that the issue should 1.5 mmhos/m over a distance of 30 miles, arc of plus or minus 10 degrees; and that, be added. whereas the Commission’s Figure M-3 in the absence of measurements in the 5. Accordingly, It is ordered, That the ground conductivity map shows a con­ direction of the business district, Figure Broadcast Bureau’s petition to enlarge ductivity of 4 mmhos/m for virtually all M-3 remains the best source of the issues, filed October 25,1968, is accepted; of New Jersey. The Bureau argues that value of the conductivity and the pro­ that the petition is granted; and that the great disparity in conductivity be­ posal provides adequate service based on the issues in this proceeding are en­ tween the actual ground conductivity this conductivity. The Bureau replies larged by the addition of the following and Figure M-3, and the relative uni­ that its request is based primarily on issue: To determine whether, based on formity of terrain in the area, raise a the great disparity between the con­ field intensity measurements, the pro­ strong presumption that the actual con­ ductivity value of 1.5 mmhos/m obtained posal of Lake-River Broadcasting Corp. ductivity within a reasonable radius of on the applicant’s tests from the pro­ would provide coverage of the city to be the site in all directions may also be 0.5 posed transmitter site and the 4 served as required by § 73.i88(b) (1) and to 1.5 mmhos/m. The Bureau notes that mmhos/m value listed on the ground (2) of the Commission’s rules. conductivity map Figure M-3; that, when 6. It is further ordered, That the 9 Commissioner Robert E. Lee concurringthe relative uniformity of the terrain burden of proceeding with the introduc­ in the result. Commissioner Cox absent. surrounding the proposed site and the tion of evidence and burden of proof 1 Also before the Review Board are an proximity of Lakewood are taken into opposition of Lake-River, filed November 7, consideration, this disparity raises a under the issue added herein will be on 1968, and th e Broadcast B ureau’s reply, filed serious question concerning the accuracy Lake-River Broadcasting Corp. November 20, 1968. 2 The Broadcast Bureau’s petition to en­ of the 4 mmhos/m value shown on Adopted: December 31, 1968. large issues was filed more than 15 days after Figure M-3 in the direction of Lakewood; Released: January 3, 1969. the publication of the designation order in and that the correct values in the direc­ th e F ederal Register. See § 1.229(b) of the tion of Lakewood and the applicant’s F ederal C ommunications rules. The Bureau contends that good cause compliance with § 73.188 can only be C o m m is sio n ,3 exists for the late filing of the petition since determined if Lake-River is directed to [seal] B en F . W aple, the request is based upon the measurement prove coverage of Lakewood by measure­ Secretary. data submitted by Lake-River during the ments from the site. exchange of preliminary engineering ex­ [F.R. Doc. 69-324; Filed, Jan. 9, 1969; hibits on October 14, 1968, and th e petition 4. There is some merit to Lake-River’s 8:47 a.m.] was filed within eleven days after receipt of argument that the applicability of con­ information. The Board finds the Bureau’s ductivity values determined from meas­ 8 Review Board Member Nelson abstaining. explanation adequate to establish good urements on one radial is limited to with­ Board Members Berkemeyer and Kessler cause. in a small arc subtended about the absent.

FEDERAL REGISTER, VOL. 34, NO. 7— FRIDAY, JANUARY 10, 1969 NOTICES 413

Condition on Form 64, by insured State ber of the Federal Reserve System, ex­ banks not members of the Federal Re­ cept a bank in the District of Columbia FEDERAL DEPOSIT INSURANCE serve System,” dated January 1961, and and a mutual savings bank, is required to any amendments thereto.1 make a Report of Income and Dividends CORPORATION Each insured mutual savings bank not for the calendar year 1968 on Form 73 INSURED BANKS a member of the Federal Reserve System (revised December 1961)1 to the Federal shall make its original Report of Condi­ Deposit Insurance Corporation within Joint Call for Report of Condition tion on FDIC Form 64 (Savings) 1 pre­ ten days after notice that such report Pursuant to the provisions of section pared in accordance with “Instructions shall be made. Said Report of Income and 7(a) (3) of the Federal Deposit Insur­ for the preparation of Report of Condi­ dividends shall be prepared in accord­ ance Act each insured bank is required tion on Form 64 (Savings) and Report ance with “Instructions for the prepara­ to make a Report of Condition as of of Income and Dividends on Form 73 tion of Report of Income and Dividends the close of business December 31, 1968, (Savings) by Mutual Savings Banks,” on Form 73”, dated December 1961, and to the appropriate agency designated dated December 1962, and any amend­ any amendments thereto.1 herein, within 10 days after notice that ments thereto,1 and shall send the same F ederal D e po sit I nsurance such report shall be made: Provided, to the Federal Deposit Insurance C orporation, That if such reporting date is a nonbusi­ Corporation. [seal] E. F. D o w n e y , ness day for any bank, the preceding [ seal] K. A. R andall, Secretary. business day shall be its reporting date. Chairman, Federal Deposit [FJR. Doc. 69-295; Filed, Jan. 9, 1969; Each national bank and each bank in Insurance Corporation. 8:45 a m .] the District of Columbia shall make its W il l ia m B. C am p, original Report of Condition on Office of Comptroller of the Currency. the Comptroller Form, Call No. 468,1 and shall send the same to the Comptroller of J. L. R obertson, the Currency, and shall send a signed Vice Chairman, Board of Gov­ and attested copy thereof to the Federal ernors of the Federal Reserve GULF UNION CORP. Deposit Insurance Corporation. Each System. Notice of Receipt of Application for insured State bank which is a member [F.R. Doc. 69-293; Filed, Jan. 9, 1969; Permission To Acquire Control of of the Federal Reserve System, except 8:45 a jn .] a bank in the District of Columbia, shall Panhandle Savings and Loan make its original Report of Condition on Association Federal Reserve Form 105—Call 190,1 and INSURED MUTUAL SAVINGS BANKS J anuary 7, 1969. shall send the same to the Federal Re­ NOT MEMBERS OF THE FEDERAL Notice is hereby given that the Federal serve Bank of the District wherein the RESERVE SYSTEM Savings and Loan Insurance Corpora­ bank is located, and shall send a signed Call for Annual Report of Income and tion has received an application from the and attested copy thereof to the Federal Gulf Union Corp., Baton Rouge, La., for Deposit Insurance Corporation. Each Dividends permission to acquire control of Pan­ insured State bank not a member of the Pursuant to the provisions of section handle Savings and Loan Association, Federal Reserve System, except a bank 7(a) of the Federal Deposit Insurance Amarillo, Tex., under the provisions of in the District of Columbia and a mutual Act each insured mutual savings bank section 408(e) of the National Housing savings bank, shall make its original Re­ not a member of the Federal Reserve Act, as amended (12 U.S.C. 1730(a)) and port of Conditon on FDIC Form 64____ System is required to make a Report of § 584.4 of the regulations for Savings Call No. 86,1 and shall send the Income and Dividends for the calendar and Loan Holding Companies (12 CFR same to the Federal Deposit Insurance year 1968 on Form 73 (Savings), revised 584.4). The proposed acquisition of con­ Corporation. December 1951,1 to the Federal Deposit trol is to be effected by the purchase of The original Report of Condition re­ Insurance Corporation within 10 days 80 percent of the outstanding capital quired to be furnished hereunder to the after notice that such report shall be stock of Panhandle Savings and Loan Comptroller of the Currency and the made. Said Report of Income and Divi­ Association by Gulf Union Corp. Com­ copy thereof required to be furnished dends shall be prepared in accordance to the Federal Deposit Insurance Corpo­ with “Instructions for the preparation of ments on the proposed acquisition should ration shall be prepared in accordance Report of Condition on Form 64 (Sav­ be submitted to the Director, Office of with “Instructions for preparation of ings) and Report of Income and Divi­ Examinations and Supervision, Federal Reports of Condition by National Bank­ dends on Form 73 (Savings),” dated Home Loan Bank Board, Washington, ing Associations,” dated January 1961, December 1962, and any amendments D.C. 20052, within 30 days of the date and any amendments thereto.1 The orig­ thereto.1 this notice appears in the F ederal inal Report of Condition required to be F ederal D e p o sit I nsurance R egister. furnished hereunder to the Federal Re­ Corporation, serve Bank of the District wherein the [ seal] E. F. D o w n e y , [ seal] J ack C arter, bank is located and the copy thereof Secretary. Secretary, required to be furnished to the Federal [F.R. Doc. 69-294; Filed, Jan . 9, 1969; Federal Home Loan Bank Board. Deposit Insurance Corporation shall be 8:45 a.m.] [F.R. Doc. 69-325; Filed, Jan . 9, 1969; 8:47 a m .] prepared in accordance with “Instruc­ tions for the preparation of Reports of INSURED STATE BANKS NOT MEM­ Condition by State Member Banks of BERS OF THE FEDERAL RESERVE the Federal Reserve System,” dated June SYSTEM EXCEPT BANKS IN DISTRICT FEDERAL RESERVE SYSTEM 1968, and any amendments thereto.1 The OF COLUMBIA AND MUTUAL SAV­ INSURED BANKS original Report of Condition required to INGS BANKS Joint Call for Report of Condition be furnished hereunder to the Federal Call for Annual Report of Income and C ross R eference : For a document re­ Deposit Insurance Corporation shall be Dividends Prepared in accordance with “Instruc­ lating to a joint call for report of con­ tions for the preparation of Report of Pursuant to the provisions of section dition of insured banks, see F.R. Doc. 7(a) of the Federal Deposit Insurance 69-293, Federal Deposit Insurance Cor­ 1 Filed as part of original document. Act each insured State bank not a mem­ poration, supra.

FEDERAL REGISTER, VOL. 34, NO. 7— FRIDAY, JANUARY 10, 1969 414 NOTICES International Trade in Cotton Textiles done are referred to the application on file a t Geneva on February 9, 1962, including with the Commission for a statement of INTERAGENCY TEXTILE Article 6(c) thereof relating to nonpartici­ the representations set forth therein pants, and in accordance -with the procedures ADMINISTRATIVE COMMITTEE outlined in Executive Order 11052 of Sep­ which are summarized below. tem ber 28, 1962, as am ended by Executive Section 8(f) of the Act provides, in CERTAIN COTTON TEXTILES AND Order 11214 of April 7, 1965, you are directed pertinent part, that'when the Commis­ COTTON TEXTILE PRODUCTS PRO­ to prohibit, effective January 9, 1969, and for sion, upon application, finds that a regis­ DUCED OR MANUFACTURED IN the 12-month period extending through Jan­ tered investment company has ceased to uary 8, 1970, entry in to th e U nited States for be an investment company, it shall so THE REPUBLIC OF THE PHILIPPINES consumption and withdrawal from ware­ declare by order, which, if necessary for house for consumption of cotton textile Entry and Withdrawal From Ware­ products in Category 49, produced or manu­ the protection of investors, may be made house for Consumption factured in Romania, in excess of a level of upon appropriate conditions, and upon restraint for the period of 10,500 dozen. the taking effect of such order, the regis­ Correction In carrying out this directive, entries of tration of such company shall cease to be In F.R. Doc. 68-15577 appearing at cotton textile products in Category 49, pro­ in effect. page 26 of the issue for Wednesday, Jan­ duced or manufactured in Romania, which Applicant represents that it is not an have been exported to the United States from investment company as defined in the uary i, 1969, in the column headed “12- Rom ania prior to Jan u ary 9, 1969, shall, to month level of restraint” the first entry, the extent of any unfilled balance be charged Act. instead of reading “1,313,500 square against the level of restraint established for Section 3(a) of the Act defines an in­ yards” should read “1,312,500 square such goods during th e period Jan u ary 9, 1968 vestment company as any issuer which yards”. th ro u g h January 8, 1969. In th e event th a t (1) is or holds itself out as being engaged the level of restraint established for such primarily, or proposes to engage primar­ goods for that period has been exhausted by ily, in the business of investing, rein­ CERTAIN COTTON TEXTILE PRODUCTS previous entries, such goods shall be subject vesting, or trading in securities; (2) is PRODUCED OR MANUFACTURED IN to the directives set forth in this letter. engaged or proposes to engage in the THE SOCIALIST REPUBLIC OF A detailed description of Category 49 in terms of T.S.U.S.A. numbers was published business of issuing face-amount certifi­ ROMANIA in th e Federal Register on Jan u ary 17, 1968 cates of the installment type, or has been (33 F.R. 582), and amendments thereto on engaged in such business and has any Entry and Withdrawal From Ware­ M arch 15, 1968 (33 F.R. 4600). such certificates outstanding; or (3) is house for Consumption In carrying out the above directions, en­ engaged or proposes to engage in the try into the United States for consumption J anuary 7,1969. business of investing, reinvesting, own­ shall be construed to include entry for con­ ing, holding, or trading in securities, and On December 31, 1968, the U.S. Gov­ sumption into the Commonwealth of Puerto owns or proposes to acquire investment ernment, in furtherance of the objectives Rico. of, and under thevterms of, the Long- The actions taken with respect to the Gov­ securities having a value exceeding 40 Term Arrangement Regarding Interna­ ernment of the Socialist Republic of Ro­ per centum of the value of such issuer’s mania and with respect to imports of cot­ total assets (exclusive of Government se­ tional Trade in Cotton Textiles done at ton textiles and cotton textile products from curities and cash items) on an unconsoli­ Geneva on February 9, 1962, including Romania have been determined by the Pres­ dated basis, The term “investment se­ Article 6(c)'thereof relating to nonpar­ ident’s Cabinet Textile Advisory Committee curities” includes all securities except ticipants, informed the Socialist Repub­ to involve foreign affairs functions of the Government securities, securities issued lic of Romania that it was renewing for United States. Therefore, the directions to an additional 12-month period beginning the Commissioner of Customs being neces­ by employees’ securities companies, and January 9, 1969, and extending through sary to the implementation of such actions, securities issued by majority-owned sub­ fall within the foreign affairs exception to sidiaries of the owner which are not in­ January 8, 1970, the restraint on imports the notice provisions of 5 U.S.C. 553 (Supp. vestment companies. into the United States of cotton textile II, 1965-66). This letter will be published Applicant’s board of directors has made products in Category 49, produced or in th e Federal Register. manufactured in Romania. Pursuant to a determination of the value of Appli­ Sincerely yours, cant’s assets as of November 30, 1968, Annex B, paragraph 2, of the Long-Term C. R. S m ith , adjusted to reflect certain transactions Arrangement the level of restraint for Secretary of Commerce, Chairman, consummated through December 12, this 12-month period is 5 percent greater President’s Cabinet Textile Advis­ 1968. Based on such determination, the than the level of restraint applicable to ory Committee. value of Applicant’s assets (exclusive of Category 49 for the preceding 12-month [F.R. Doc. 69-339; Filed, Jan. 9, 1969; Government securities and cash items period. 8:49 a.m.] of $2,439,427) at December 12, 1968, as There is published below a letter of adjusted for certain transactions through January 7, 1969, from the Chairman of that date, totaled $15,305,732. Included the President’s Cabinet Textile Advisory in the latter figure are Applicant’s in­ Committee to the Commissioner of Cus­ SECURITIES AND EXCHANGE vestment securities amounting to $3,580,- toms, directing that the amount of cot­ 587 or 23.39 percent of total assets ton textile products in Category 49, pro­ COMMISSION (exclusive of Government securities and duced or manufactured in Romania, cash items). Applicant’s investment which may be entered or withdrawn from [811-1065] securities consisted of stocks and promis­ warehouse for consumption in the United BUSINESS FUNDS, INC. sory notes of the following companies: States for the 12-month period begin­ Kelven, Inc., Westec Corp., Allied Foods, ning January 9, 1969, be limited to the Notice of Filing of Application for Or­ Inc., Graham Magnetics, Inc., Marklen designated level. der Declaring Company Has Ceased Development Corp., Metric Systems S tanley N e h m e r , To Be Investment Company Corp., Stemmons, Inc., and Horizon Chairman, Interagency Textile Corp. Administrative Committee, J anuary 6, 1969. Applicant has five majority-owned and Deputy Assistant Secre­ Notice is hereby given that Business tary for Resources. subsidiaries, consisting of Corona de Funds, Inc. (“Applicant”), 824 Bettes Tucson, Inc., Arizona Valley Develop­ Secretary of Commerce Building, Houston, Tex. 77002, a Mary­ ment Co., Inc., Portal Production Co., president’s cabinet textile advisory land corporation registered as a non- and Management Advisory Services, Inc- COMMITTEE diversified, closed-end investment com­ (“the four majority-owned subsidiaries’) pany under the Investment Company Act Commissioner of Custom s, and F. H. McGraw and Co. The member­ Department of the Treasury, of 1940 (“Act”) , has filed an application ship of the board of directors of each of W ashington, D.C. 20226. pursuant to section 8(f) of the Act for the four majority-owned subsidiaries in­ an order declaring that Applicant has January 7,1969. cludes persons who are associated with Applicant. No person associated with the Dear Mr. Commissioner: Under the terms ceased to be an investment company as of the Long-Term Arrangement Regarding defined in the Act. All interested persons Applicant is now connected with the

FEDERAL REGISTER, VOL. 34, NO. 7— FRIDAY, JANUARY 10, 1969 NOTICES 415 fifth majority-owned subsidiary, P. H. it would slow down its rate of investment Notice is further given that any inter­ McGraw and Co. The value of Applicant’s activity and devote a greater portion of ested person may, not later than Janu­ holdings of investment securities and of its management effort and resources to ary 24, 1969, at 5:30 p.m., submit to the its investment in P. H. McGraw at De­ its majority-owned and controlled sub­ Commission in writing a request for a cember 12, 1968, totaled $4,030,587 or sidiaries. Investments were disposed of hearing on the matter accompanied by 26.33 percent of total assets (exclusive of and in July 1967 Applicant’s SBIC a statement as to the nature of his Government securities and cash items). license was canceled pursuant to an ap­ interest, the reason for such request, and At the same date, the value of Applicant’s plication and plan authorized by Appli­ the issues of fact or law proposed to be investments in the common stocks, pre­ cant’s Board of Directors and ratified controverted, or he may request that he ferred stocks, warrants, and promissory by its shareholders at a special meeting be notified if the Commission shall order notes of the four majority-owned sub­ held July 21, 1967: a hearing thereon. Any such communi­ sidiaries aggregated $10,983,944, repre­ At a special meeting of Applicant’s cation should be addressed: Secretary, senting 71.76 percent of the value of its shareholders held July 9, 1968, the hold­ Securities and Exchange Commission, total assets (exclusive of Government ers of a majority of its outstanding Washington, D.C. 20549. A copy of such securities and cash items). Included in voting securities authorized Applicant to request shall be served personally or by the total assets of $15,305,732 shown cease to be an investment company mail (airmail if the person being served above are miscellaneous assets of $291,- under the Act. is located more than 500 miles from the 201. The four majority-owned subsid­ Applicant represents that it is now pri­ point of mailing) upon Applicant at the iaries, the percent of their voting marily engaged in the business of acquir­ address set forth above. Proof of such securities owned by Applicant, Appli­ ing and developing real estate, oil and service (by affidavit or in case of an cant’s valuation of its investment in each gas production, industrial warehousing, attorney at law by certificate) shall be such company at November 30, 1968, and and the manufacture of mineral oil filed contemporaneously with the re­ as adjusted for certain transactions con­ through the four majority-owned sub­ quest. At any time after said date, as summated during the period December 1, sidiaries listed in the above table. Appli­ provided by Rule 0-5 of the rules and through December 12, 1968, are included cant also represents that it intends to regulations promulgated under the Act, in the table below: continue to engage primarily in indus­ an order disposing of the application trial and commercial businesses through herein may be issued by the Commission Value of Adjusted said four majority-owned subsidiaries or upon the basis of the information stated Percent-' total value of through other companies, a majority of in said application, unless an order for of voting invest­ total securities ments invest­ whose voting securities may be acquired hearing upon said application shall be owned Nov. 30, ments hereafter by Applicant. Applicant fur­ issued upon request or upon the Com­ 1968 Dec. 12, 1968 ther represents that its interests in its mission’s own motion. Persons who re­ said four majority-owned subsidiaries quest a hearing or advice as to whether (Percent) are not held for the purpose of resale a hearing is ordered will receive notice of Florida Water and and that other securities of any ma­ further developments in this matter, in­ Utilities Co...... 69.4 $4,385,000 . Corona de Tucson, jority-owned subsidiaries which may be cluding the date of the hearing (if Inc______80.0 1,500,000 $1,500,000 acquired hereafter will not be acquired ordered) and any postponements thereof. Arizona Valley for the purpose of resale. In addition, Development Co., For the Commission (pursuant to dele­ Inc...... 58.8 900,000 900,000 Applicant represents that Applicant and Portal Production its officers, directors, personnel, and gated authority). Co...... 100.0 1,600,000 8,573,944 Management designees who are connected with the [ seal] O rval L. D u B o is , Advisory Services, four majority-owned subsidiaries in the Secretary. Inc. 100.0 10,000 10,000 capacities noted in the application, par­ [F.R. Doc. 69-303; Filed, Jan. 9, 1Q69; 8,395,000 10,983,944 ticipate extensively in the management, 8:46 a m .] administration and performance of the The values at December 12, 1968, re­ business activities of each of said four flect the following transactions: majority-owned subsidiaries; and Appli­ ELECTROGEN INDUSTRIES, INC. cant and its directors, officers, personnel, (i) On December 4, 1968, all of Appli­ Order Suspending Trading cant’s holdings of 1,340,000 shares of and designees intend hereafter to par­ common stock of Florida Water and ticipate extensively in the management, J anuary 6,1969. Utilities Co. were sold for $3,685,000 administration and performance of the It appearing to the Securities and Ex­ cash; and the entire amount of $704,- business activities of said four majority- change Commission that the summary 882.19 (including interest of $4,882.19) owned subsidiaries or of any majority- suspension of trading in the common due on promissory notes was received in owned subsidiaries which may be stock and all other securities of Elec­ cash from Florida; acquired hereafter. trogen Industries, Inc. (formerly Jod- (ii) On December 5, 1968, Applicant Applicant states that it may invest in mar Industries, Inc.) (may be known as advanced $3,400,000 to Portal Produc­ securities issued or guaranteed by the American Lima Corp.), being traded tion Co. on a 7 percent demand note; U.S. Government or in securities of other otherwise than on a national securities than majority-owned subsidiaries. How­ exchange is required in the public in­ Oil) On December 12, 1968, it trans­ ever, Applicant represents that any hold­ ferred real estate (located in downtown ing of, and any trading in, such terest and for the protection of investors: Houston, Tex.) to Portal as a capital It is ordered, Pursuant to section 15 contribution. securities will be minor as compared to Applicant’s primary interest in its ma­ (c) (5) of the Securities Exchange Act On December 12, 1968, the Board of jority-owned subsidiaries. Applicant also of 1934, that trading in such securities Directors determined that the value of represents that, in any event, it does not Applicant’s investment in Portal should otherwise than on a national securities intend at any time to own or acquire exchange be summarily suspended, this be increased to an amount equal to the securities having a value (after deduct­ cost of the investment. ing the value of securities issued or guar­ order to be effective for the period Janu­ Applicant was formerly a small busi­ anteed by the U.S. Government and by ary 7, 1969, through January 16, 1969, ness investment company licensed under majority-owned subsidiaries of Appli­ both dates inclusive. the Small Business Investment Act of cant which are not investment com­ By the Commission. 1958 with assets invested in a large num­ panies) equal to as much as 30 percent ber of small business concerns. Appli­ of the value of Applicant’s total assets [ seal] O rval L. D uB o is , cant’s annual report of March 1965 (exclusive of securities issued or guaran­ Secretary. showed investments in 37 business enti­ teed by the U.S. Government and cash [F.R. D o c . 69-304; Filed. Jan. 9, I960; ties. In 1965 Applicant determined that items). 8:46 a m .]

FEDERAL REGISTER, V O L 34, NO. 7—FRIDAY, JANUARY 10, 1969 No. 7- 416 NOTICES car service and per diem agreement FSA No. 41536—Gravel from Attica, SMALL BUSINESS under the terms of that agreement; and Ind. Filed by Illinois Freight Association, that it be filed with the Director, Office agent (No. 339), for and on behalf of of the Federal Register. the Norfolk and Western Railway Co, ADMINISTRATION Rates on traffic bound gravel, road sur­ [Declaration of Disaster Loan Area 686] Issued at Washington, D.C., January 6, facing, passing through a 1-inch screen 1969. (not suitable for concrete construction), MASSACHUSETTS I nterstate Commerce in carloads, from Attica, Ind., to specified Declaration of Disaster Loan Area Commission, points in Illinois. [seal] R. D. P fahler, Grounds for relief—Motortruck com­ Whereas, it has been reported that dur­ Agent. petition. ing the month of January 1969, because Tariff—Supplement 71 to Norfolk and of the effects of certain disasters, dam­ [F.R. Doc. 69-313; Filed, Jan . 9, 1969; Western Railway Co. tariff ICC 8115. age resulted to residences and business 8:46 a.m.] property located in Webster, Mass.; Aggregate-of-Intermediates Whereas, the Small Business Adminis­ [S.O. 1002; Car D istribution Direction 24-A] FSA No. 41537—Barley from specified tration has investigated and has received points in Montana. Filed by the North other reports of investigations of condi­ PENN CENTRAL CO. ET AL. Pacific Coast Freight Bureau, agent (No. tions in the area affected; Car Distribution 69-1), for interested rail carriers. Rates Whereas, after reading and evaluating on barley, feed grade, in carloads, from reports of such conditions, I find that the Upon further consideration of Car Dis­ specified points in Montana, to specified conditions in such area constitute a tribution Direction No. 24 (Penn Central points in central Washington and catastrophe within the purview of the Co.; Chicago, Burlington & Quincy Rail­ Oregon. Small Business Act, as amended. road Co.; Northern Pacific Railway Co.) Grounds for relief—Maintenance of Now, therefore, as Acting Administra­ and good cause appearing therefor: depressed rates published to meet private tor of the Small Business Administration, It is ordered, That: truck competition without use of such I hereby determine that; Car Distribution Direction No. 24 be, rates as factors in constructing combina­ and it is hereby vacated. tion rates. 1. Applications for disaster loans un­ It is further ordered, That this order der the provisions of section 7(b) (1) of By the Commission. the Small Business Act, as amended, may shall become effective at 2: 00 p.m,, Jan­ uary 6, 1969, and that it shall be served [ seal] H. Neil G arson, be received and considered by the office upon the Association of American Rail­ Secretary. below indicated from persons or firms roads, Car Service Division, as agent of whose property, situated in the afore­ [F.R. Doc. 69-315; Filed, Jan. 9, 1969; all railroads subscribing to the car serv­ 8:47 ajn .] said city, and areas adjacent thereto, ice and per diem agreement under the suffered damage or destruction resulting terms of that agreement; and that it be from fire occurring on January 1, 1969. filed with the Director, Office of the Fed­ [Notice 753] Office eral Register. MOTOR CARRIER TEMPORARY Small Business Administration Regional Issued at Washington, D.C., January 6, Office, Jo h n Fitzgerald K ennedy Federal AUTHORITY APPLICATIONS Building, Government Center, Boston, 1969. I nterstate Commerce D ecember 23,1968. Mass. 02203. Commission, The following are notices of filing of 2. Applications for disaster loans un­ [seal] R. D. P fahler, applications for temporary authority der the authority of this Declaration will Agent. under section 210a(a) of the Interstate not be accepted subsequent to July 31, [F.R. Doc. 69-314; Filed, Jan. 9, 1969; Commerce Act provided for under the 1969. 8:46 a.m.] new rules of Ex Parte No. MC-67 (49 H oward Greenberg, CFR Part 340), published in the F ederal Acting Administrator. R egister, issue of April 27, 1965, effec­ tive July 1, 1965. These rules provide J anuary 3,1969. FOURTH SECTION APPLICATIONS FOR RELIEF that protests to the granting of an ap­ [F.R. Doc. 69-305; Filed, Jan. 9, 1969; plication must be filed with the field 8:46 a.m.] J anuary 7,1969. official named in the F ederal R egister Protests to the granting of an ap­ publication, within 15 calendar days plication must be prepared in accordance after the date of notice of the filing of with Rule 1100.40 of the general rules the application is published in the INTERSTATE COMMERCE of practice (49 CFR 1100.40) and filed F ederal R egister. One copy of such within 15 days from the date of publica­ protest must be served on the applicant, COMMISSION tion of this notice in the F ederal or its authorized representative, if any, [S.O. 1002; Car D istribution Direction 25-A] R egister. and the protests must certify that such must Long-and-S hort H aul service has been made. The protests ATCHISON, TOPEKA AND SANTA FE be specific as to the service which such RAILWAY CO. ET AL. FSA No. 41535—Carpenters’ mould­ protestant can and-will offer, and must Car Distribution ings from Albuquerque, N. Mex. Filed by consist of a signed original and six Southwestern Freight Bureau, agent copies. Upon further consideration of Car (No. B—5), for interested rail carriers. A copy of the application is on file, Distribution Direction No. 25 (The Atchi­ Rates on mouldings, carpenters’, faced and can be examined at the Office of the son, Topeka and Santa Fe Railway Co.; with plastic film, synthetic, or vinyl film, Secretary, Interstate Commerce Commis­ Chicago, Burlington & Quincy Railroad as described in the application, in car­ sion, Washington, D.C., and also in the Co.; Northern Pacific Railway Co.) and tons, in carloads, from Albuquerque, field office to which protests are to be good cause appearing therefor: N. Mex., to points in southwestern, transmitted. Illinois Freight Association, western It is ordered, That: Motor Carriers of P roperty Car Distribution Direction No. 25 be, trunk line and southern freight associa­ and it is hereby vacated. tion territories. No. MC 66562 (Sub-No. 2322TA), filed December 18,1968. Applicant: RAILWAY It is further ordered, That this order Grounds for relief—Rate relationship. EXPRESS AGENCY, INCORPORATED, shall become effective at 2:00 p.m., Tariffs—Supplement 10 to Southwest­ January 6, 1969, and that it shall be 219 East 42d Street, New York, N.Y. served upon the Association of Ameri­ ern Freight Bureau, agent, tariff ICC 10017. Applicant’s representative: John can Railroads, Car Service Division, as 4819, and 3 other schedules named in the H. Engel, 2413 Broadway, Kansas City, agent of all railroads subscribing to the application. Mo. Authority sought to operate as a

FEDERAL REGISTER, V O L 34, NO. 7— FRIDAY, JANUARY 10, 1969 NOTICES 417 common carrier, by motor vehicle, over Linn, Josephine, and Douglas Counties, mission, 450 Multnomah Building, Port­ irregular routes, transporting: General Oreg., and Mapleton and Springfield, land, Oreg. 97204. commodities moving in express service, Oreg., for 180 days. Note: The purpose of No. MC 126266 (Sub-No. 5 TA), filed between Picayune, Miss., and Hatties­ this republication is to correct the spell­ December 18, 1968. Applicant: MAX L. burg, Miss., from Picayune over Missis­ ing of Sportingfield, Oreg., to Spring- DUDLEY, doing business as DUDLEY sippi Highway 43 to intersection with field, Oreg., as shown above. Supporting BOAT & TRAILER TRANSPORT, 34622 U.S. Highway 90/Interstate Highway 10, shippers: U.S. Plywood-Champion Pa­ West Valley Highway, Auburn, Wash. thence over U.S. Highway 90/Interstate pers, Inc., Post Office Box 338, Albany, 98002. Applicant’s representative: Joseph Highway 10 to Biloxi, Miss., thence over Oreg. 97321. Send protests to: A. E. O. Earp, 411 Lyon Building, 607 Third U.S. Highway 90/Interstate Highway 10 Odoms, District Supervisor, Interstate Avenue, Seattle, Wash. 98104. Authority to the intersection of U.S. Highway 49, Commerce Commission, Bureau of Oper­ sought to operate as a common carrier, thence over U.S. Highway 49 to Hatties­ ations, 450 Multnomah Building, Port­ by motor vehicle, over irregular routes, burg, and return over the same route, land, Oreg. 97204. transporting: New house trailers, de­ serving the intermediate point of Biloxi, No. MC 113828 (Sub-No. 152 TA), filed signed to be drawn by passenger automo­ Miss., for 150 days. Restrictions: The December 18, 1968. Applicant; O’BOYLE biles, in initial movements in truckaway service to be performed shall be limited TANK LINES, INCORPORATED, 4848 service, from Battleground, Wash., to to that which is auxiliary to or supple­ Cordell Avenue NW., Washington, D.C. points in v Oregon, Washington, Idaho, mental of express service of the Railway 20014. Applicant’s representative: Wil­ and Montana, for 180 days. Supporting Express Agency, Incorporated. Ship­ liam P. Jackson, Jr., 1819 H Street NW., shipper: Shasta Trailers of Washington, ments transported shall be limited to Washington, D.C. 20006. Authority Battleground, Wash. 98604. Send protests those moving on through bills of lading sought to operate as a common carrier, to: E. J. Casey, District Supervisor, Bu­ or express receipts. Applicant requests by motor vehicle, over irregular routes, reau of Operations, Interstate Commerce that the authority, if granted, be con­ transporting: Petroleum and petroleum Commission, 6130 Arcade Building, Seat­ strued as an extension, to be joined, products, in bulk, from Greensboro, N.C., tle, Wash. 98101. tacked, and combined with its existing to points in North Carolina and South No. MC 126421 (Sub-No. 3 TA), filed authority in MC 66562 and subs there­ Carolina, restricted to shipments having December 18, 1968. Applicant: GYPSUM under. Supporting shippers: There are a prior movement by rail, for 180 days. TRANSPORT, INC., East Highway 80, approximately 14 statements from sup­ Supporting shipper: Sim Oil Co., 1608 Post Office Drawer 2679, Abilene, Tex. porting shippers attached to the appli­ Walnut Street, Philadelphia, Pa. 19103. 79604. Applicant’s representative: Jerry cation, which may be examined here at Send protests to: Robert D. Caldwell, E. Matthews (same address as above). the Commission’s Offices in Washington, District Supervisor, Interstate Com­ Authority sought to operate as a common D.C., or at the field office named below. merce Commission, Room 2210, 12th and carrier, by motor vehicle, over irregular Send protests to:.District Supervisor An­ Constitution Avenue NW., Washington, routes, transporting: Building materials thony Chiusano, Interstate Commerce D.C. 20423. (except lumber), gypsum and gypsum Commission, Bureau of Operations, 26 No. MC 115826 (Sub-No. 186 TA), filed products, and materials and supplies Federal Plaza, New York, N.Y. 10007. December 18, 1968. Applicant: W. J. used in the installation and distribution No. MC 111231 (Sub-No. 162 TA), filed DIGBY, INC., Post Office Box 5088, Ter­ thereof, from the plantsite of United December 18, 1968. Applicant: JONES minal Annex, 1960 31st Street, Denver, States Gypsum Co. at or near Sweetwa­ TRUCK LINES, INC., 610 East Emma Colo. 80217. Applicant’s representative: ter, Tex., to Vicksburg, Miss., for 180 Avenue, Springdale, Ark. 72764. Appli­ Paul A. Carlson (same address as appli­ days. Supporting shipper: United States cant’s representative: John E. Jandera, cant) . Authority sought to operate as a Gypsum Co., 825 Exchange Bank Build­ 641 Harrison Street, Topeka, Kans. common carrier, by motor vehicle, over ing, Dallas, Tex. 75235. Send protests to: 66603. Authority sought to operate as a irregular routes, transporting: Frozen Billy R. Reid, District Supervisor, Inter­ common carrier, by motor vehicle, over fruits, vegetables, berries, juices, and •po­ state Commerce Commission, Bureau of irregular routes, transporting: Wood tato products, from the plantsites of Operations, 9A27 Federal Building, 819 pallets and wood pallet materials, from North Pacific Canners & Packers in Day- Taylor Street, Fort Worth, Tex. 76102. Poplar Bluff, Mo., to points in Wiscon­ ton, Gresham, Portland, Salem, Silverton, By the Commission. sin, Kansas, Oklahoma, and Illinois (ex­ Springbrook, Stayon, and Weston, Oreg., cept points within the St. Louis, Mo.- to the plantsites of the Pacific Canners [ seal] H. N e il G arson, 111., commercial zone as defined by the & Packers, Inc., at Kennewick, Wash., Secretary. Commission), and Woodstock, Tenn., for for 180 days. Supporting shipper: North [F.R. Doc. 69-316; Filed, Jan. 9, 1969; 180 days. Supporting shippers: Joseph G. Pacific Canners & Packers, Inc., 5200 8:47 a.m.] Baldwin Co., Poplar Bluff, Mo. 63901, Southeast McLoughlin Boulevard, Port­ Post Office Box 457, and Upham & Walsh land, Oreg. 97202. Send protests to: Dis­ Lumber, 2720 Des Plaines Avenue, Des trict Supervisor Herbert C. Ruoff, Inter­ [Notice 758] Plaines, 111. 60018. Send protests to: state Commerce Commission, 2022 Fed­ MOTOR CARRIER TEMPORARY District Supervisor William H. Land, Jr., eral Building, Denver, Colo. 80202. AUTHORITY APPLICATIONS Interstate Commerce Commission, 2519 No. MC 124032 (Sub-No. 9 TA), filed Federal Office Building, 790 West Capi­ December 18, 1968. Applicant: REED’S J anuary 7,1968. tol, Little Rock, Ark. 72201. FUEL COMPANY, 138 North Fifth The following are notices of filing of No. MC 112989 (Sub-No. 13 TA) (Cor­ Street, Springfield, Oreg. 97477. Appli­ applications for temporary authority rection), filed December 4, 1968, pub­ cant’s representative: Robert R. Hollis, under section 210a(a) of the Interstate lished F ederal R eg ister, issue of De­ Commonwealth Building, Portland, Oreg. Commerce Act provided for under the cember 13, 1968, and republished as 97204. Authority sought to operate as a new rules of Ex Parte No. MC-67 (49 corrected this issue. Applicant: JOHN­ common carrier, by motor vehicle, over CFR Part 340), published in the F ederal SON TRUCK SERVICE, INC., Post Of­ irregular routes, transporting: Lumber R eg ister, issue of April 27,1965, effective fice Box 668, Coos Bay, Oreg. 97420. Ap­ mill products, between points in Lane, July 1, 1965. These rules provide that plicant’s representative: Norman E. Linn, Douglas, Marion, Polk, Benton, protests to the granting of an applica­ Sutherland, 1200 Jackson Tower, Port­ Clackamas, Yamhill, and Lincoln Coun­ tion must be filed with the field official land, Oreg. Authority sought to operate ties, Oreg., on the one hand, and, on the named in the F ederal R egister publica­ as a common carrier, by motor vehicle, other, Astoria, Oreg., for 180 days. Sup­ tion, within 15 calendar days after the over irregular routes, transporting: Soda porting shippers: Balfour Guthrie Forest date of notice of the filing of the applica­ ash, blood extender, and blue ingredients Products, Inc., 731 Southwest Oak Street, tion is published in the F ederal R eg ister . in sacks and steel strapping in rolls from Portland, Oreg. 97205, and Northwest One copy of such protest must be served Alameda, Contra Costa, Marin, Monte­ Maritime Corp., Senator Building, Port­ on the applicant, or its authorized rep­ rey, Santa Clara, San Mateo, Sonoma, land, Oreg. 97204. Send protests to: A. E. resentative, if any, and the protests must San Francisco, Kern, and San Bernar­ Odoms, District Supervisor, Bureau of certify that such service has been made. dino Counties, Calif., to Coos, Curry, Operations, Interstate Commerce Com­ The protests must be specific as to the

FEDERAL REGISTER, VOL. 34, NO. 7— FRIDAY, JANUARY 10, 1969 418 NOTICES service which such protestant can and County, Ga., to points in Mississippi, thority sought to operate as a common will offer, and must consist of a signed Arkansas, Oklahoma, Louisiana, and carrier, by motor vehicle, over irregular original and six copies. Texas, for 150 days. Supporting shipper: routes, transporting: General commodi­ A copy of the application is on file, and Mead Packaging Co., Post Office Box ties, restricted to traffic moving on gov­ can be examined at the Office of the 4417, Atlanta, Ga. 30302. Send protests ernment bills of lading, except the fol­ Secretary, Interstate Commerce Commis­ to: William L. Scroggs, District Super­ lowing: (1) Household goods as defined sion, Washington, D.C., and also in the . visor, Interstate Commerce Commission, by the Interstate Commerce Commis­ field office to which protests are to be Bureau of Operations, Room 309, 1252 sion; (2) commodities in bulk; (3) arti­ transmitted. West Peachtree Street NW., Atlanta, Ga. cles of unusual value; (4) commodities 30309. requiring special equipment; (5) classes M otor C arriers of P roperty No. MC 127834 (Sub-No. 23 TA), filed A and B explosives; (a) between points No. MC 100666 (Sub-No. 128 TA) (Cor­ January 2, 1968. Applicant: CHEROKEE in California, Oregon, Washington, Utah, rection), filed December 16, 1968, pub­ HAULING & RIGGING, INC., 540-42 Arizona, and Nevada, on the one hand, lished F ederal R eg ister , issue of Decem­ Merritt Avenue, Nashville, Tenn. 37203. and points in Texas, Iowa, Illinois, Indi­ ber 27,1968, and republished as corrected Applicant’s representative: Bryan Stan­ ana, Michigan, Ohio, Pennsylvania, New this issue. Applicant: MELTON TRUCK ley (same address as above). Authority York, New Jersey, Virginia, Kentucky, LINES, INC., Post Office Box 7666, 1129 sought to operate as a common carrier, Tennessee, and Georgia on the other; Grimmett Drive, Shreveport, La. 71107. by motor vehicle, over irregular routes, and (b) between points in California on Applicant’s representative: Max Morgan, transporting: Hot water heaters and the one hand, and points in Washington, 450 American National Building, Okla­ storage tanks, except those which be­ on the other, for 180 days. Supporting homa City, Okla. 73102. Authority sought cause of size or weight require special shipper: Department of the Army, Office to operate as a common carrier, by motor equipment, from Nashville, Tenn., to of the Judge Advocate General, Wash­ vehicle, over irregular routes, transport­ points in Alabama, Arkansas, Colorado, ington, D.C. Send protests to: District ing: Hardboard and composition board, Connecticut, Delaware, Florida, Georgia, Supervisor Robert G. Harrison, Inter­ from Covington, Tenn., to points in Ala­ Illinois, Indiana, Iowa, Kansas, Ken­ state Commerce Commission, Bureau of bama, Arkansas, Colorado, Florida, tucky, Louisiana, Maryland, Massachu­ Operations, Room 7708, Federal Build­ Georgia, Illinois, Indiana, Iowa, Kansas, setts, Michigan, Minnesota, Mississippi, ing, 300 North Los Angeles, Calif. 90012. Kentucky, Louisiana, Michigan, Missis­ Missouri, Nebraska, New Jersey, New No. MC 133252 (Sub-No. 1 TA), filed sippi, Missouri, Minnesota, Nebraska, York, North Carolina, North Dakota, December 30, 1968. Applicant: MID­ New Mexico, North Carolina, South Ohio, Oklahoma, Pennsylvania, Rhode WEST GROWERS COOPERATIVE Carolina, South Dakota, North Dakota, Island, South Carolina, South Dakota, CORP., 7236 East Slauson Avenue, Los Ohio, Oklahoma, Pennsylvania, Texas, Texas, Virginia, West Virginia, and Wis­ Angeles, Calif. 90022. Applicant’s rep­ Virginia, West Virginia, and Wisconsin, consin, for 180 days. Supporting shipper: resentative: William Lippman, 1824 R for 180 days. N o t e : The purpose of this Economaster Sales, Inc., 705 Merritt Street NW., Washington, D.C. 20009. Au­ republication is to reflect correctly the Avenue, Nashville, Tenn. 37203. Send thority sought to operate as a common docket number assigned, and to include protests to: J. E. Gamble, District Super­ carrier, by motor vehicle, over irregular Alabama, Arkansas, Colorado, and Flor­ visor, Interstate Commerce Commission, routes, transporting: General commodi­ ida as destination States which were Bureau of Operations, Room 803, 1808 ties restricted to traffic moving on Gov­ inadvertently omitted in publication. West End Building, Nashville, Tenn. ernment bills of lading, except the fol­ Supporting shipper: E. L. Bruce, Inc., 37203. lowing: (1) Household goods as defined Memphis, Tenn. Send protests to: W. R. No. MC 128839 (Sub-No. 5 TA), filed by the Interstate Commerce Commis­ Atkins, District Supervisor, Bureau of January 2, 1968. Applicant: L M sion; (2) commodities in bulk; (3) arti­ Operations, Interstate Commerce Com­ TRANSFER, INC., 56-72 49th Street., cles of unusual value; (4) commodities mission, T-4009 Federal Building, 701 Maspeth, Long Island 11378. Applicant’s requiring special equipment; (5) classes Loyola Avenue, New Orleans, La. 70113. representative: Edward Bowes, 744 A and B explosives between points in No. MC 115311 (Sub-No. 96 TA), filed Broad Street, Newark, N.J. 07102. Au-_ Arizona, California, Nevada, Oregon, December 30, 1968. Applicant: J & M thority sought to operate as a contract Utah, and Washington, on the one hand, TRANSPORTATION CO., INC., Post Of­ carrier, by motor vehicle, over irregular and points in Georgia, Illinois, Indiana, fice Box 488, Milledgeville, Ga. 31061. routes, transporting: Department store Kentucky, Michigan, New Jersey, New Applicant’s representative: Paul M. Dan- merchandise, between Manhattan and York, North Carolina, Ohio, Pennsyl­ iell and Alan E. Serby, 1600 First Federal Long Island City, N.Y., on the one hand, vania, Tennessee, and Virginia, on the Building, Atlanta, Ga. 30303. Authority and, on the other, New Haven, Conn. Re­ other, for 180 days. Supporting shipper: sought to operate as a common carrier, striction: The operations authorized Department of the Army, Office of the by motor vehicle, over irregular routes, herein are limited to an interstore and Judge Advocate General, Washington, transporting: Roofing slabs or decking, warehouse transportation service to be D.C. Send protests to: District Super­ from Woodbine, Ga., to points in Arkan­ performed under a continuing contract visor Robert G. Harrison, Interstate sas, Kentucky, Florida, Tennessee, North or contracts with Macy’s New York Di­ Commerce Commission, Bureau of Op­ Carolina, South Carolina, Mississippi, vision of R. H. Macy & Co., Inc., N.Y., erations, Room 7708, Federal Building, Alabama, and Louisiana, for 180 days. such service being limited to stores and 300 North Los Angeles Street, Los An- Supporting shipper: Fibertex, Inc., warehouse owned by and operated by geles, Calif. 90012. Woodbine, Ga. 31569. Send protests to: Macy’s New York Division of R. H. Macy No. MC 133371 TA, filed January 2, William L. Scroggs, District Supervisor, & Co., at Manhattan and Long Island 1968. Applicant: JOHN R. SCOTT, doing Interstate Commerce Commission, Bu­ City, N.Y., and New Haven, Conn., for business as SCOTT MOVING & STOR­ reau of Operations, Room 309,1252 West 180 days. Supporting shipper: Macy’s AGE COMPANY, Post Office Box 303, Peachtree Street NW., Atlanta, Ga. Herald Square, New York, N.Y. 10001. Milford, Del. 19963. Applicant’s repre­ 30309. Send protests to: Anthony Chiusano, sentative : John R. Scott, Post Office Box No. MC 118039 (Sub-No. 9 TA), filed District Supervisor, Interstate Com­ 303, Milford, Del. 19963. Authority sought December 30, 1968. Applicant: MUS­ merce Commission, Bureau of Opera­ to operate as a common carrier, by motor TANG TRANSPORTATION, INC., 833 tions, 26 Federal Plaza, New York, N.Y. vehicle, over irregular routes, transport­ Warner Street SW., Atlanta, Ga. 30310. 10007. ing: Used household goods and personal Applicant’s representative: Virgil H. No. MC 133250 (Sub-No. 1 TA), filed effects, in containers, between points in Smith, Suite 431, Title Building, Atlanta, December 30, 1968. Applicant: UNITED Delaware and points in Caroline ana Ga. 30303. Authority sought to operate AGRICULTURAL TRANSPORTATION Queen Anne Counties, Md., for 180 days. as a common carrier, by motor vehicle, ASSOCIATION OF AMERICAN MAR­ Supporting shippers: Imperial House­ over irregular routes, transporting: KETING CO-OP, Post Office Box 541, hold Shipping Co., Inc., St. Petersburg, Boxes, fiberboard, other than corrugated Lynwood, Calif. 90262. Applicant’s rep­ Fla.; Delcher Intercontinental Moving and bottle carrying cartons, from plant- resentative: William Lippman, 1824 R Service, Jacksonville, Fla.; Columbia Ex­ site and warehouses of the Mead Pack­ port Packers, Inc., Seattle, Wash. 9812 , aging Div. of Mead Corp., in Fulton Street NW., Washington, D.C. 20009. Au­

FEDERAL REGISTER, VOL. 34, NO. 7— FRIDAY, JANUARY ID , 1969 NOTICES 419 and verified statement of its Traffic prescribed thereunder (49 CFR Part proved the transfer to Kennedy Horse Manager, J. D. Effenberger. Send pro­ 1132), appear below: Transportation, Inc., Millbrook, N.Y., of tests to: Paul J. Lowry, District Super­ As provided in the Commission’s that portion of the operating rights in visor, Interstate Commerce Commission, special rules of practice any interested certificate No. MC-3748 issued October Bureau of Operations, 206 Old Post Of­ person may file a petition seeking re­ 7, 1965, to Amoff Moving & Storage, Inc., fice Building, Salisbury, Md. 21801. consideration of the following numbered Lakeville, Conn., authorizing the trans­ By the Commission. proceedings within 20 days from the date portation of horses, between points in of publication of this notice. Pursuant Connecticut, on the one hand, and, on [seal] H. Neil Garson, to section 17(8) of the Interstate Com­ the other, points in New York and Secretary. merce Act, the filing of such a petition Massachusetts. Lester Rubin, 11 North [F.R. Doc. 69-317; Filed, Jan. 9, 1969; will postpone the effective date of the Pearl Street, Albany, N.Y. 12207, and 8:47 a.m.] order in that proceeding pending its dis­ Thomas W. Murrett, 410 Asylum Street, position. The matters relied upon by pe­ Hartford, Conn. 06103, attorneys for titioners must be specified in their peti­ applicants. [Notice 272] tions with particularity. No. MC-FC-70993. By order of Decem­ No. MC-FC-70829. By order of Decem­ ber 27,1968, the Transfer Board approved MOTOR CARRIER TRANSFER ber 23, 1968, the Transfer Board ap­ PROCEEDINGS the transfer to S T X Inc., doing busi­ proved the transfer to Francis L. Olson, ness as Spotswood Trail Express, Red- J anuary 6, 1969. Canton, S. Dak. 57013, of the operating bone Road, Chester Springs, Pa. 19425, Application filed for temporary au­ rights in certificate No. MC-96298 issued of the operating rights in certificate No. thority under section 210(a) (b) in con­ August 5, 1960, to Ernest Torberson, MC-36104 issued February 1, 1954, to nection with transfer application under Canton, S. Dak. 57013, authorizing the Ardell Trexel, doing business as Yost Van section 212(b) and Transfer Rules, 49 transportation of grain, from Canton, S. Co., 304 Oakridge Drive, Johnstown, Pa. CPR Part 1132: Dak., to points in Iowa and South 15904, authorizing the transportation of No. MC-FC-71029. By application filed Dakota within 15 miles of Canton; live­ household goods, as defined by the Com­ December 30, 1968, CONNECTICUT- stock, from points, except municipalities, mission, between Windber, Pa., and NEW YORK AIRPORT BUS CO., INC., in Iowa and South Dakota within 15 points within 10 miles thereof, on the 31 Edgecomb Place, Yonkers, N.Y., seeks miles of Canton, S. Dak., to Sioux City, one hand, and, on the other, points in temporary authority to lease the operat­ Iowa, and Sioux Falls, S. Dak., and farm New York, New Jersey, Maryland, Dela­ ing rights of a portion of THE SHORT implements, from Sioux City, Iowa, and ware, West Virginia, Ohio, and Michi­ LINE OF CONNECTICUT, INCORPO­ Sioux Falls, S. Dak., to points, except gan; and new furniture, uncrated, from RATED, 67 Cromwell Avenue, Rocky municipalities in South Dakota and Iowa and to, and between points as specified Hill, Conn., under section 210a(b). The within 15 miles of Canton, S. Dak. in Maryland, West Virginia, New York, transfer to CONNECTICUT-NEW No. MC-FC-70855. By order of Janu­ Pennsylvania, New Jersey, Delaware, ary 2,1969, the Transfer Board approved Virginia, and the District of Columbia. YORK AIRPORT BUS CO., INC., of a the transfer to Dollison Truck Lines, portion of the operating rights of THE Inc., Charleston, W. Va„ of the oper­ No. MC-FC-71005. By order of De­ SHORT LINE OF CONNECTICUT, ating rights in certificate No. MC-47723 cember 31, 1968, the Transfer Board INCORPORATED, is presently pending. issued July 22, 1958, to E. A. Dietchel, approved the transfer to Miller Con­ By the Commission. Louis Merrill, Evelyn M. Wells, Mary S. struction, Inc., Windsor, Vt., of the operating rights in certificate No. MC- [seal] H. Neil Garson, Merrill, and Helen G. Merrill, a limited Secretary. partnership association, doing business 125177 issued September 23, 1963, to as The Huntington Cincinnati Trucking Robert G. Ellicott, Jr., Wilmington, Vt., [F.R. Doc. 69-318; Filed, Jan. 9, 1969; Lines, Ltd., Portsmouth, Ohio, author­ authorizing the transportation of high­ 8:47 a.m.] izing the transportation, over regular routes, of motion ^picture films and way paving materials, in bulk, in dump trucks, between points in New Hamp­ [Notice 273] empty containers therefor, theatrical posters, displays and advertising ma­ shire and Vermont. David M. Marshall, MOTOR CARRIER TRANSFER terial, and magazines and newspapers, 135 State Street, Suite 200, Springfield, PROCEEDINGS between specified points in Ohio, West Mass. 01103, attorney for applicants. Virginia, and Kentucky. Chester P. Fitch, J anuary 7, 1969. 402 Masonic Temple, Portsmouth, Ohio [seal] H. Neil Garson, Synopses of orders entered pursuant 45662, attorney for applicants. Secretary. to section 212(b) of the Interstate Com­ No. MC-FC-70886. By order of Decem­ [F.R. Doc. 69-319; Filed, Jan . 9, 1969; merce Act, and rules and regulations ber 30, 1968, the Transfer Board ap­ 8:47 a m .]

CUMULATIVE LIST OF PARTS AFFECTED— JANUARY

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 January

3 CFR Pas® 4 CFR Page 7 CFR—Continued Pa^e P roclamations : 201______303 722------5,55 3548 (see Proc. 3884)______235 729-1______:______56 3558 (see Proc. 3884)______235 5 CFR 730------124 3562 (see Proc. 3884) _____ 235 213______239 775------5 3597 (see Proc. 3884)______235 550______123 814—------125 3709 (see Proc. 3884)______235 815------56 3790 (see Proc. 3884) _*___ 235 7 CFR 817------378 3822 (see Proc, 3884)______235 905------245, 246, 379 3856 (see Proc. 3884)______235 53——— — ______239 907—------57,127,318 3870 (see Proc. 3884)_____ 235 68------189 910------6, 127, 246 3884------235 301------303,305 918------380 401______313,376, 377 966------128 Executive O rder:. 706__ ;______313 980___ 128 11442------187 719—------„------244 1421______6

FEDERAL REGISTER, VOL, 34, NO. 7—-FRIDAY, JANUARY 10, 1969 420 FEDERAL REGISTER

7 CFR— Continued Page 19 CFR Page 37 CFR Pa*e 1427______8 1______197 P roposed R u l e s : 1434______246 10______;______384 1______324 P roposed R u l e s : 18______58, 384 26______151 25______384 39 CFR 324 724______125------145 777______397 20 CFR 134______255 913______151 401. ______197 136------145 929______13 404 58, 322, 385-387 945______152 405 ______387 1071______78 41 CFR 1104______78 P roposed R u l e s : 4-4------9, 146 1106______78 404______207 4-10______146 4-18______146 8 CFR 21 CFR 7-3______76 212______-_____ 129 8______250 7-4______256 . 235______129 19______251 7-6______256 299______129 7-16______76,258 42______251 10-12______9 120______252 9 CFR 14-1______198 121______252, 253 14-2______.______199 P roposed R u l e s : 146a______253 14-7______199 Ch. i n ______207 147______254 101-26______200 148q______254 101-27___ 200 12 CFR P roposed R u l e s : 105-61______200 218______57 1______399 330______247 3______260 42 CFR 509______318 121______260 561______247 128______399 73 ______10 P roposed R u l e s : 191______260 P roposed R u l e s : 545______-___ 324 81______399,400 24 CFR 14 CFR 71______133 43 CFR 21______363 241______74 23______189 1720______393 39______8,129,130 25 CFR P u b lic L and O rd ers: 67______248 4560 ______76 71______130, 131, 248-250 P roposed R u l e s : 4561 ______:______200 75______— 250 221______14 4562 ______r*.______259 95______365 97______35,368 26 CFR 45 CFR 135______189 151______131 1___ 254 8______201 201__ 363 123______201 P roposed R u l e s : 514______135 233______10, 393 23__ 210 237______11 39______14,152, 261 P roposed R u l e s : 250______205 71____ 15,153-155,261-264, 400-402 1______397 121______!------264 201______260 46 CFR 127______264 171______394 135______:______— 210 29 CFR 173______394 157______16 20______143 P roposed R u l e s : 694______254 540______217 15 CFR 728 ______74 6______132 729 ____ 75 9______132 778______144 47 CFR 384______132 860______322 74 ______396 P roposed R u l e s : 97______H 7____ 398 32 CFR 49 CFR 518______391 16 CFR 371______113,115 13______319-321 1033______1___11. 12, 206 32A CFR 1307______206 301— ______380 OIA (ch. X) : P roposed R u l e s : Reg. 1______391 P roposed R u l e s : 419______1______218 375______17 33 CFR 17 CFR 50 CFR 140______321 n o ____ ;______392 231______382 204______393 23______323 271______383 208______75 33______77, 206 government organization KNOW YOUR manual GOVERNMENT 068 I960

Presents essential information about Government agencies (updated and republished annually). Describes the creation and authority, organization, and functions of the agencies in the legislative, judicial, and executive branches. This handbook is an indispensable reference tool for teachers, librarians, researchers, scholars, lawyers, and businessmen who need current official information about the U.S. Government. The United States Government Organization Manual is the official guide to the functions of the Federal Government. 00 per copy. Paperbound, with charts Order from Superintendent of Documents, U.S, Government Printing Office, Washington, D.C. 20402.