FEDERAL REGISTER VOLUME 31 • NUMBER 138

Tuesday, July 19,1966 Washington, D.C. Pages 91OS—9169

Agencies in this issne— Agricultural Research Service Agricultural Stabilization and Conservation Service Atomic Energy Commission Civil Aeronautics Board Civil Service Commission Commodity Credit Corporation Consumer and Marketing Service Customs Bureau Emergency Planning Office Federal Aviation Agency Federal Communications Commission Federal Crop Insurance Corporation Federal Maritime Commission Federal Power Commission Federal Reserve System Food and Drug Administration ' Housing and Urban Development Department “Internal Revenue Service Interstate Commerce Commission Land Management Bureau Post Office Department Securities and Exchange Commission Small Business Administration State Department Water Resources Council Detailed list of Contents appears inside. How To Find U.S. Statutes and U.S. Code Citations

[Revised Edition—1965]

This pamphlet contains typical legal eluded. Examples are furnished at references which require further cit­ pertinent points and a list of refer­ ing. The official published volumes ences, with descriptions, is carried in which the citations may be found at the end. are shown alongside each refer­ This revised edition contains il­ ence—with suggestions as to the lustrations of principal finding aids logical sequence to follow in using and reflects the changes made in 1 them. Additional finding aids, the new master table of statutes set some especially useful in citing cur­ out in the 1964 edition of the United rent legislation, also have been in- States Code.

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AGRICULTURAL RESEARCH CUSTOMS BUREAU FEDERAL POWER COMMISSION SERVICE Proposed Rule Making Notices Proposed Rule Making Customs warehouse officers; reim­ Hearings, etc.: Anti-hog-cholera serum and hog- bursable compensation______9743 City of Ketchikan, Alaska___ 9760 cholera virus; proposed approval Notices ' Colorado Interstate Gas Co., of budget and rate of assess- Antidumping proceeding notice; and Natural Gas Pipeline - ment for 1966------9745 tubeless tire valves: Company of America______9761 Germany______9751 Lone Star Gas Co______9761 Shenandoah Gas Co.______9762 AGRICULTURAL STABILIZATION Italy______9751 Natural Gas and Oil Corp_____ 9762 AND CONSERVATION SERVICE Ceramic glazed wall tile from St. Joseph Light & Power Co., Japan; withholding of appraise­ and Michigan Wisconsin Pipe Rules and Regulations ment notice.______9751 Line Co______9762 National agricultural conserva­ tion; miscellaneous a m e n d ­ EMERGENCY PLANNING OFFICE ments______9712 FEDERAL RESERVE SYSTEM Notices North Dakota; notice of major Notices AGRICULTURE DEPARTMENT disaster______9763 Application for approval of acqui­ See Agricultural Research Serv­ sition of shares of bank : ice; Agricultural Stabilization FEDERAL AVIATION AGENCY First National Corp____;______9763 and Conservation Service; Com­ First Virginia Corp__ __;_____ 9763 modity Credit Corporation; Con­ Rules and Regulations sumer and Marketing Service; Standard instrument approach FOOD AND DRUG Federal Crop Insurance Corpo­ procedures; miscellaneous ration. amendments____ i ______.* 9732 ADMINISTRATION ATOMIC ENERGY COMMISSION Notices FEDERAL COMMUNICATIONS Chlordiazepoxide and its salts and Notices | COMMISSION diazepam; rescheduling of pub­ State of Louisiana; p r o p o se d lic hearing and conference____ 9752 agreement for assumption of Proposed Rule Making certain AEC regulatory author­ Aviation services; use of single ity______9753 sideband operation by Civil Air HEALTH, EDUCATION, AND Patrol stations______9746 WELFARE DEPARTMENT CIVIL AERONAUTICS BOARD Certain TV stations in Texas and Oklahoma; table of assign­ See Food and Drug Administra­ Notices ments______9746 tion. Hearings,etc.: Notices Alaska Airlines, Inc______9757 Buker Airways, Inc______9758 Hearings, etc.: HOUSING AND URBAN American Telephone and Tele­ graph Co. (2 documents) _ 9758, 9579 DEVELOPMENT DEPARTMENT CIVIL SERVICE COMMISSION McCulloch County Translator Notices Rules and Regulations Co-op______9760 Trend Radio, Inc., and James Assistant Secretary and Deputy Agriculture Department; excepted Assistant Secretary for Demon­ service ______9740 Broadcasting Co., Inc______9760 TVTJE Associates, Inc., and Gal­ strations and Intergovernmen­ veston Television, Inc__;__ 9760 tal Relations; delegations of COMMODITY CREDIT authority______9752 CORPORATION FEDERAL CROP INSURANCE INTERIOR DEPARTMENT Rules and Regulations CORPORATION Wheat; 1966 and subsequent crops See Land Management Bureau. loan a n d purchase program; Rules and Regulations correction______9719 Crop insurance: Wheat export program; payment Apple crop______9709 INTERNAL REVENUE SERVICE in kind, terms and conditions_9719 Cherry crop______9710 Rules and Regulations Florida citrus crop______9711 North Carolina apple crop____ 9711 Procedure and administration; CONSUMER AND MARKETING Peach crop______9709 payment by check or money SERVICE Tung nut crop______9710 order______9731 Rules and Regulations Proposed Rule Making Hops of d o m e stic production; FEDERAL MARITIME Income tax : Handling ______9713 COMMISSION Disallowance of surtax exemp­ jnons grown in California and tion and accumulated eam- Arizona; handling limitations— 9712 Notices ings credit______9743 ¡n greater Kansas City mar- Outward Continental North Pa­ Expenses for education; correc­ area; order suspending cific Freight Conference; notice tion______9745 certain provision______9719 of postponement of dates_____ 9760 (Continued on next page) 9707 9708 CONTENTS

INTERSTATE COMMERCE POST OFFICE DEPARTMENT Notices COMMISSION Rules and Regulations New Orleans Disaster Office; des­ ignation of manager (2 docu­ Rules and Regulations Simplified address______9740 ments) ______9765 Special reports by Class I railroad SECURITIES AND EXCHANGE STATE DEPARTMENT and motor carriers; filing_____ 9741 COMMISSION Notices Rules and Regulations Notices Diplomatic and consular posts lo­ Fourth section applications for Hearings, etc.: cated outside the United States; relief______.______9765 Admiral Corp., et al______9764 delegations of authority______9741 Motor carrier temporary applica­ Connecticut Light and Power tions______9765 Co., et al______9764 International Harvester Co. (3 TREASURY DEPARTMENT documents)______9764, 9765 See Customs Bureau; Internal LAND MANAGEMENT BUREAU Revenue Service. Notices SMALL BUSINESS WATER RESOURCES COUNCIL Authority delegations: ADMINISTRATION Chief, Branch of Lands et al___ 9751 Rules and Regulations Proposed Rule Making District Managers of Anchorage Grants to States for water and re­ and Fairbanks, Alaska______9752 Small business investment compa­ nies; financial reports______9720 lated land resources planning.» 9747 Small business size standards____ 9721

List of CFR Parts Affected (Codification Guide)

The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulative list of parts affected, covering the current month to date appears at the end of each issue beginning with the second issue of the month. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1, 1966, and specifies how they are affected.

5 CFR 13 CFR 26 CFR 213___ 9740 107______9720 301______9731 121______9721 P roposed R ules: 7 CFR 1 (2 documents)______9743, 9745 9709 403 ______T 14 CFR 404 ______9709 97 _ __ 9732 39 CFR 405 ______9710 13______9740 407 ______8710 , 8 CFR 408 ______41 CFR 9711 I>ROPOSED R ules: 410___ 9747 6-75______9741 701— 9712 c h - VI------910___ 9712 703------9747 991___ 4 7 CFR 1064— 9719 19 CFR P roposed R ules: 1421— 9719 P roposed R ules : 73______9746 1483— 9719 19______9743 87------—— 9746 9 CFR 49 CFR 9741 P roposed R ules: 120— _____ 131______— 9745 205_____ 9741 9709 Rules and Regulations

partnership each of whose members had a § 404.6 The application and the policy contract of insurance in force in the year (applicable in all States except North Title 7— AGRICULTURE immediately preceding the formation of the Carolina). Chapter IV— Federal Crop Insurance partnership covering a part of the land * * * * * Corporation, Department of Agri­ included in the partnership operation, the smallest premium reduction earned by any (b) The total annual premium few the in­ culture member, or none if any member has earned sured crop on all units shall be reduced as [Arndt. 1] none, shall inure to the benefit of the follows for consecutive years of insurance, insured. If the insured is a partnership only without a loss for which an indemnity was PART 403— PEACH CROP one of whose members had a contract of paid on any unit, immediately preceding the INSURANCE insurance in force in the year immediately crop year for which the reduction is appli­ preceding the formation of the partnership, cable (eliminating any year in which a pre­ Subpart— Regulations for the 1965 the premium reduction earned by such mem­ mium was not earned) : and Succeeding Crop Years ber shall inure-to the benefit of the insured Percent premium reduction and consecutive only if the insured operates the same farm years with no loss Application and P olicy or farms formerly operated by such member and if the Corporation finds that the other 5 percent after 1 year. Pursuant to the authority contained member or members have been actively par­ 5 percent after 2 years. in the Federal Crop Insurance Act, as ticipating in the farming operations by 10 percent after 3 years. amended, the above-identified regula­ assisting in the management or by furnish­ 10 percent after 4 years. tions are amended effective beginning ing labor for compensation. If the insured 15 percent after 5 years. with the 1967 crop year in the following is a corporation operating only a farm or 20 percent after 6 years. respects: farms previously operated by one or more 25 percent after 7 years or more. 1. Section 7(b) of the Application andstockholders, each of whom had a contract of insurance in force in the year immedi­ If an insured has a loss on a crop for which Policy shown in § 403.45 of this chapter ately preceding the formation of the corpo­ an indemnity is paid, the number of such is amended effective beginning with the ration, the smallest premium reduction consecutive years of insurance on such crop 1967 crop year to read as follows : earned by any such stockholder, or none if without a loss for which an indemnity was any such stockholder has earned none, shall paid shall be reduced by 3 years, except, that, § 403.45 The application and the policy. inure to the benefit of the insured. If the where the insured has 7 or more such years, * * * * * insured was a stockholder of a dissolved a reduction to 4 shall be made and where (b) The total annual premium for the in­ corporation, which had a contract of insur­ the insured has 3 or less such years, a re­ sured crop on all units shall be reduced as ance in force in the year immediately pre­ duction to zero shall be made. Any pre­ follows for consecutive years of insurance, ceding its dissolution covering only the same mium reduction earned hereunder shall without a loss for which an indemnity was farm or farms being operated by the insured, upon death of the insured inure to the paid on any unit, immediately preceding the the premium reduction earned by the corpo­ benefit of his estate or surviving spouse and, crop year for which the reduction is appli­ ration shall inure to the benefit of the upon approval of the Corporation, shall cable (eliminating any year in which a pre­ insured. inure to any person operating the same mium was not earned): farm or farms as the deceased insured who (Secs. 506, 516, 52 Stat. 73, as amended, 77, the Corporation determines has been actively Percent premium reduction and consecutive as amended; 7 U.S.C. 1506, 1516) participating in the farming operations by years with no loss Adopted by the Board of Directors on assisting in the management or by furnish­ 5 percent after 1 year. July 7, 196£ ing labor for compensation. If the insured 5 percent after 2 years. is a partnership (which for the purpose of 10 percent after 3 years. ' [seal] Earll H. Nikkel, this section shall be deemed to include any 10 percent after 4 years. Secretary, Federal Crop other joint enterprise), the premium re­ 15 percent after 5 years. Insurance Corporation. duction earned by such insured shall, upon 20 percent after 6 years. dissolution of the partnership, inure to the 25 percent after 7 years or more. Approved on July 14,1966. benefit of each member who has a contract of insurance in force in the year immedi­ If an insured has a loss on a crop for which J ohn A. S chnittker, ately following the dissolution covering only an indemnity is paid, the number of such Acting Secretary. a part or all of the land involved in the consecutive years of insurance on such crop partnership operation. If the insured is a without a loss for which an indemnity was [F.R. Doc. 66-7800; Filed, July 18, 1966; partnership each of whose jpaembers had a paid shall be reduced by 3 years, except, 8:46 a.m.] contract of insurance in force in the year that, where the insured has 7 or more such immediately preceding the formation of the years, a reduction to 4 shall be made and partnership covering a part of the land in­ Where the insured has 3 or . less such years, cluded in the partnership operation, the a reduction to zero shall be made. Any [Arndt. 3] smallest premium reduction earned by any premium reduction earned hereunder shall member, or none if any member has earned upon death of the insured inure to the PART 404— APPLE CROP none, shall inure to the benefit of the in­ benefit of his estate or surviving spouse and, INSURANCE sured. If the insured is a partnership only upon approval of the Corporation, shall inure one of whose members had a contract of to any person operating the same farm or Subpart— Regulations for the 1963 insurance in force in the year immediately farms as the deceased insured who the Cor­ and Succeeding Crop Years preceding the formation of the partnership, poration determines has been actively par­ the premium reduction earned by such ticipating in the farming operations by Application and P olicy member shall inure to the benefit of the assisting in the management or by furnishing insured only if the insured operates the abor for compensation. If the insured is Pursuant to the authority contained in same farm or farms formerly operated by a partnership (which for the purpose of the Federal Crop Insurance Act, as such member and if the Corporation finds his section shall be deemed to include any amended, the above-identified regula­ that the other member or members have other joint enterprise), the premium reduc- been actively participating in the farming ®arned by such insured shall, upon dis- tions are amended effective beginning operations by assisting in the management ration of the partnership, inure to the with the 1967 crop year in the following or by furnishing labor for compensation. enefit of each member who has a contract respects: If the insured is a corporation operating only f ‘hsurance in force in the year immediately 1. Section 7(b) of the Application anda farm or farms previously operated by one Jvwin8 the dissolution covering only a Policy shown in § 464.6 of this chapter is or more stockholders, each of whom had a not °r a11 the land involved in the amended effective beginning with the contract of insurance in force in the year partnership operation. If the insured is a 1967 crop year taread as follows: immediately preceding the formation of the

FEDERAL REGISTER, VOL. 31, NO. 138— TUESDAY, JULY 19, 1966 9710 RULES AND REGULATIONS corporation, the smallest premium reduction ceased insured who the Corporation deter­ is amended effective beginning with the earned by any such stockholder, or none if mines has been actively participating in the 1967 crop year to read as follows: any such stockholder has earned none, shall farming operations by assisting in the man­ inure to the benefit of the insured. If the agement or by furnishing labor for com­ § 407.6 The application and the policy. insured was a stockholder of a dissolved pensation. If the insured is a partnership corporation, which had a contract of insur­ (which for the purpose of this section shall ance in force in the year immediately pre­ be deemed to include any other joint enter­ (b) The total annual premium for the ceding its dissolution covering only the same prise), the premium reduction earned by Insured crop on all units shall be reduced farm or farms being operated by the in­ such insured shall, upon dissolution of the as foUows for consecutive years of insurance, sured, the premium reduction earned by the partnership, inure to the benefit of each without a loss for which an indemnity was corporation shall inure to the benefit of the member who has a contract of insurance paid on any unit, immediately preceding the Insured. in force in the year immediately following the crop year for which the reduction is appli­ dissolution covering only a part or all of the cable (eliminating any year in which a pre­ (Secs. 506, 516, 52 Stat. 73, as amended, 77, land involved in the partnership operation. mium was not earned): as amended; 7 U.S.C. 1506, 1516) If the insured is a partnership each of Whose Percent premium reduction and consecutive Adopted by the Board of Directors oif members had a contract of insurance in force years with no loss in the year immediately preceding the forma­ July 7,1966. tion of the partnership covering a part of the 5 percent after 1 year. [SEAL] EARLL H. NiKKEL, land included in the partnership operation, 5 percent after 2 years. Secretary, Federal Crop the smallest premium reduction earned by 10 percent after 3 years. Insurance Corporation. any member, or none if any member has 10 percent after 4 years. earned none, shall inure to the benefit of 15 percent after 5 years. Approved on July 14,1966. the insured. If the insured is a partnership 20 percent after 6 years. only one of whose members had a contract of 25 percent after 7 years or more. J ohn A. Schnittker, insurance in force in the year immediately Acting Secretary. preceding the formation of the partnership, If an insured has a loss on a crop for which the premium reduction earned by such mem­ an indemnity is paid, the number of such [F.R. Doc.. 66-7801; Filed, July 18, Ï966; consecutive years of insurance on such crop 8:46 a.m.] ber shall inure to the benefit of the insured only if the insured operates the same farm without a loss for which an indemnity was or farms formerly operated by such member paid shall be reduced by 3 years, except, [Arndt. 1] and if the Corporation finds that the other that, where the insured has 7 or more such member or members have been actively par­ years, a reduction to 4 shall be made and PART 405— CHERRY CROP ticipating in the farming operations by as­ where the insured has 3 or less such years, sisting in the management or by furnishing a reduction to zero' shall be made. Any INSURANCE labor for compensation. If the insured is a premium reduction earned hereunder shall corporation operating only a farm or farms upon death of the insured inure to the Subpart— Regulations for Red Tart previously operated by one or more stock­ benefit of his estate or surviving spouse and, Cherries for the 1963 and Suc­ holders, each of whom had a contract of in­ upon approval of the Corporation, shall ceeding Crop Years surance in force in the year immediately inure to any person operating the same farm preceding the formation of the corporation, or farms as the deceased insured who the Application and P olicy the smallest premium reduction earned by Corporation determines has been actively any such stockholder, or none if any such participating in the farming operations by Pursuant to the authority contained in stockholder has earned none, shall inure to assisting in the management or by furnish­ the Federal Crop Insurance Act, as the benefit of the insured. If the insured was ing labor for compensation. If the insured amended, the above-identified regula­ a stockholder of a dissolved corporation, is a partnership (which for the purpose of tions are amended effective beginning which had a contract of insurance in force this section shall be deemed to include any with the 1967 crop year in the following in the year immediately preceding its dis­ other joint enterprise), the premium reduc­ respects: solution covering only the same farm or tion earned by such insured shall, upon 1. Section 7(b) of the Application andfarms being operated by the insured, the dissolution of the partnership, inure to the premium reduction earned by the corpora­ benefit of each member who has a contract Policy shown in § 405.6 of this chapter tion shall inure to the benefit of the insured. of insurance in force in the year immediately is amended effective beginning with the following the dissolution covering only a 1967 crop year to read as follows: (Sec^506, 516, 52 Stat. 73, as amended, 77, as part or all of the land involved in the part­ amended; 7U.S.C. 1506,1516) nership operation. If the insured is a part­ § 405.6 The application and the policy. Adopted by the Board of Directors on nership each of whose members had a con­ * * * * * ■ tract of insurance in force in the year July 7,1966. immediately preceding the formation of the (b) The total annual premium for the [seal] E arll H. Nikkel, partnership covering a part of the land in­ insured crop on all units shall be reduced Secretary, Federal Crop cluded in the partnership operation, the as follows for consecutive years of Insurance, smallest premium reduction earned by any without a loss for which an indemnity was Insurance Corporation. member, or none if any member has earned paid on any unit, immediately preceding the Approved on July 14,1966. none, shall inure to the benefit of the in­ crop year for which the reduction is appli­ sured. If the insured is a partnership only cable (eliminating any year in which a pre­ J ohn A. S chnittker, one of whose members had a contract of mium was not earned): Acting Secretary. insurance in force in the year immediately Percent premium reduction and consecutive [F.R, Doc. 66-7802; Filed, July 18, 1966; preceding the formation of the partnership, years with no loss 8:46 a.m.] the premium reduction earned by such mem­ ber shall inure to the benefit of the 5 percent after 1 year. only if the insured operates the same farm 5 percent after 2 years. or farms formerly operated by such mem ^ 10 percent after 3 years. [Arndt. 1] and if the Corporation finds that the otner 10 percent after 4 years. member or members have been actively P 15 percent after 5 years. PART 407— TUNG NUT CROP ticipating in the farming operations by 20 percent after 6 years. INSURANCE sisting in the management or by furnis & 25 percent after 7 years or more. labor for compensation. If the insured If an insured has a loss on a crop for which Subpart— Regulations for the 1965 corporation operating only a farm or 1 an indemnity is paid, the number of such previously operated by one or more a and Succeeding Crop Years holders, each of whom had a contract consecutive years of insurance on such crop insurance in force in the year immediately without a loss for which an indemnity was Application and P olicy paid shall be reduced by 3 years, except, that, preceding the formation of the corPor‘\ . where the insured has 7 or more such years, Pursuant to the authority contained in the smallest premium reduction earne~ i a reduction to 4 shall be made and where the the Federal Crop Insurance Act, as any such stockholder, or none if ahy insured has 3. or less such years, a reduction stockholder has earned none, shall imne amended, the above-identified regula­ the benefit of the insured. If the insur to zero shall be made. Any premium reduc­ tions are amended effective beginning tion earned hereunder shall upon death of was a stockholder of a dissolved °°rP . ’ the insured Inure to the benefit of his estate with the 1967 crop year in the following which had a contract of insurance in force i or surviving spouse and, upon approval of the respects: the year immediately preceding its dissm Corporation, shall inure to any person op­ 1. Section 7(b) of the Application andtion covering only the same fan*1 °_ ium erating the same farm or farms as the de­ Policy shown in § 497.6 of this chapter being- operated by the insured, the p

FEDERAL REGISTER, VOL. 31, NO. 138— TUESDAY, JULY 19, 1966 RULES AND REGULATIONS 9711 reduction earned toy the corporation shall ing only a part or all of the land Involved in Percent premium reduction and consecutive Inure to the benefit of the insured. the partnership operation. If the insured is years with no loss (Secs.-506, 516, 52 Stat. 73, as amended, 77, as a partnership each of whose members had a 5 percent after 1 year. amended; 7 U.S.C. 1506, 1516) contract of insurance in force in the year 5 percent after 2 years. Immediately preceding the formation of the 10 percent after 3 years. Adopted by the Board of Directors on partnership covering a part of the land in­ 10 percent after 4 years. July 7,1966. cluded in the partnership operation, the 15 percent after 5 years. smallest premium reduction earned by any 20 percent after 6 years. [seal] Earll H. N ikkel, member, or none if any member has earned 25 percent after 7 years or more. Secretary, Federal Crop none, shall inure to the benefit of the in­ Insurance Corporation. sured. If the insured is a partnership only If an insured has a loss on a crop for which one of whose members had a contract of an indemnity is paid, the number of such Approved on July 14,1966. insurance in force in the year immediately consecutive years of insurance on such crop preceding the formation of the partnership, without a loss for which an indemnity was John A. S chnittker, the premium reduction earned by such njem- paid shall be reduced by 3 years, except, that, Acting Secretary. ber shall inure to the benefit of the insured where the insured has 7 or more such years, [F.R. Doc. 66-7803; Piled, July 18, 1966; only if the insured operates the same farm a reduction to 4 shall be made and where the 8:46 a.m.] or farms formerly operated by such member insured has 3 or less such years, a reduction and if the Corporation finds that the other to zero shall be made. Any premium reduc­ member or members have been actively par­ tion earned hereunder shall upon death of ticipating in the farming operations by as­ the insured inure to the benefit of his estate [Arndt. 2] sisting in the management or by furnishing or surviving spouse and, upon approval of labor for compensation. If the insured is the Corporation, shall inure to any person PART 408-—NORTH CAROLINA a corporation operating only a farm or farms operating the same farm or farms as the APPLE CROP INSURANCE previously operated by one or more stock­ deceased insured who the Corporation de­ holders, each of whom had a contract of in­ termines has been actively participating in Subpart— Regulations for the 1965 surance in force in the year immediately pre­ the farming operations by assisting in the and Succeeding Crop Years ceding the formation of the corporation, the management or by furnishing labor for com­ smallest premium reduction earned by any pensation. If the insured is a partnership Application and P olicy such stockholder, or none if any such stock­ (which for the purpose of this section shall holder has earned none, shall inure to the be deemed to include any other joint enter­ Pursuant to the authority contained benefit of the insured. If the insured was prise), the premium reduction earned by in the Federal Crop Insurance Act, as a stockholder of a dissolved corporation, such insured shall, upon dissolution of the amended, the above-identified regula­ which had a contract of insurance in force partnership, inure to the benefit of each tions are amended effective beginning in the year immediately preceding its dis­ member who has a contract of insurance in with the 1967 crop year in the following solution covering only the same farm or force in the year immediately following the respects; farms being operated by the insured, the dissolution covering only a part or all of the 1. Section 7(b) of the Application andpremium reduction earned by the corpora­ land involved in the partnership operation. tion shall inure to the benefit of the insured. If the insured is a partnership each of whose Policy shown in § 408.6 of this chapter is members had a contract of insurance in force amended effective beginning with the (Secs. 506, 516, 52 Stat. 73, as amended, 77, in the year immediately preceding the for­ 1967 crop year to read as follows: as amended; 7 U.S.C. 1506, 1516) mation of the partnership covering a part of the land included in the partnership opera­ § 408.6 The application and policy. Adopted by the Board of Directors on July 7,1966. tion, the smallest premium reduction earned * * * * * by any member, or none if any member has (b) The total annual premium for the [seal] • Earll H. N ikkel, earned none, shall inure to the benefit of Insured crop on all units shall be reduced as Secretary, Federal Crop the insured. If the insured is a partnership follows for consecutive years of insurance, Insurance Corporation. only one of whose members had a contract without a loss for which an indemnity was of insurance in force in the year immediately paid on any unit, immediately preceding the Approved on July 14,1966. preceding the formation of the partnership, crop year for which the reduction is appli­ the premium reduction earned by such mem­ J ohn A. S chnittker, ber shall inure to the benefit of the insured cable (eliminating any year in which a Acting Secretary. premium was not earned): only if the insured operates the same farm [F.R. Doc. 66-7804; Filed, July 18, 1966; or farms formerly operated by such member Percent premium reduction and consecutive 8:47 a.m.] and if the Corporation finds that the other years with no loss member or members have been actively par­ ticipating in the farming operations by as­ 5 percent after 1 year. [Arndt. 1] sisting in the management or by furnishing 5 percent after 2 years. labor for compensation. If the insured is 10 percent after 3 years. PART 410— FLORIDA CITRUS CROP a corporation operating only a farm or farms 10 percent after 4 years. previously operated by one or more stock­ 15 percent after 5 years. INSURANCE holders, each of whom had a contract of in­ 20 percent after 6 years. surance in force in the year immediately 25 percent after 7 years or more. Subpart— Regulations for the 1966 preceding the formation of the corporation, H an insured has a loss on a crop for which and Succeeding Crop Years the smallest premium reduction earned by AR indemnity is paid, the number of such any such stockholder, or none if any such Application and P olicy stockholder has earned none, shall inure to consecutive years of insurance on such crop the benefit of the insured. If the insured WUbout a loss for which an indemnity was Pursuant to the authority contained Paid shall be reduced by 3 years, except, that, was a stockholder of a dissolved corporation, wnere the insured has 7 or more such years, in the Federal Crop Insurance Act, as which had a contract of insurance in force . ret*Uch°n to 4 shall be made and where the amended, the above-identified regula­ in the year immediately preceding its dis­ ured has 3 or less such years, a reduction tions are amended effective beginning solution covering only the same farm or with 1iie 1967 crop year in the following farms being operated by the insured, the zero shall be made. Any premium reduc- premium reduction earned by the corpora­ a earned hereunder shall upon death of respects; tion shall inure to the benefit of the insured. ® ,uret* inure to the benefit of his estate 1. Section 7(b) of the Application and .^RTviving spouse and, upon approval of the Policy shown in § 410.6 of this chapter is (Secs. 506, 516, 52 Stat. 73, as amended, 77, a t ^ f io n , shall inure to any person oper- amended effective beginning with the as amended; 7 U.S.C. 1506,1516) insi g3 e same ^arm or farms as the deceased 1967 crop year to read as follows: Adopted by the Board of Directors on been ^ Corporation determines has July 7,1966. oners+aCtiVely Participating in the farming § 410.6 The application and the policy. bv ftrrni118 ky agisting in the management or [seal] Earll H. N ikkel, insn/rt 4 in^ la'Jor for compensation. If the * * * * * Secretary, Federal Crop Pose nf Partnership (which for the pur- (b) The total annual premium for the Insurance Corporation. chide 1 tais ^rtion shall be deemed to in- insured crop on all units shall be reduced as toium an^ otller Joint enterprise), the pre­ follows for consecutive years of insurance, Approved on July 14,1966. dial! function earned by such insured without a loss for which an indemnity was inure dissolution of the partnership, paid on any unit, immediately preceding the J ohn A. S chnittker, a contr° e 6 kenefit of each member who has crop year for which thë reduction is appli­ Acting Secretary. , ,ot insurance in force in the year cable (eliminating any year in which a [F.R. Doc. 66-7805; Filed, July 18, 1966; ately following the dissolution cover­ premium was not earned) : 8:47 a.m.]

FEDERAL REGISTER, VOL. 31, NO. 138— TUESDAY, JULY 19, 1966 9712 RULES AND REGULATIONS 7. Section 701.59 is revised, effective (Sec. 4, 49 Stat. 164, secs. 7 to 17, 49 Stat. Chapter VII— Agricultural Stabiliza­ 1148, as amended; 71 Stat.. 176, 71 Stat. 426, tion and Conservation Service beginning with the 1967 program, to read 72 Stat. 864; 16 U.S.C. 590d, 590g-690q) as follows: (Agricultural Adjustment), Depart­ Signed at Washington, D.C., on July ment of Agriculture § 701.59 - Practice B -7: Constructing or sealing dams, pits, or ponds to pro­ 13, 1966. SUBCHAPTER A— AGRICULTURAL vide water for agricultural uses. Orville L. F reeman, Secretary. CONSERVATION PROGRAMS Structures providing multiple benefits [ACP-1967] will be encouraged. However, those to [F.R. Doc. 66-7797; Filed, July 18, 1966; 8:46 a.m.] PART 701— NATIONAL AGRICUL­ be used solely for recreation are not eligible. No Federal cost-sharing will be TURAL CONSERVATION allowed for structures, the primary Subpart— 1967 purpose of which is to bring into agricul­ Chapter IX— Consumer and Market­ tural production, through irrigation, land ing Service (Marketing Agreements Miscellaneous Amendments which was not devoted to the production and Orders; Fruits, Vegetables, The provisions of §§ 701.1 to 701.97' (26 of cultivated crops or crops normally Nuts), Department of Agriculture F.R. 6881), as amended, shall be effective seeded for hay or pasture in the area dur­ for the 1967 National Agricultural Con­ ing at least 2 of the last 5 years, excpt ,1 [Lemon Reg. 222, Arndt. 1 ] servation Program for the period July where the water will be used for the 1, 1966, through December 31, 1967, ex­ establishment or improvement of perma­ PART 910— LEMONS GROWN IN cept for the following changes and such nent vegetative cover for soil protection. CALIFORNIA AND ARIZONA other changes as may hereafter be made. Any land to be irrigated which was not 1. For the purposes of the 1967 pro­ normally used for row crops or small Limitation of Handling gram, references to the years 1965, 1966, grain crops prior to performance of the Findings. (1) Pursuant to the market­ and 1967 shall be construed as references practice shall not be used for row crops ing agreement, as amended, and Order to the years 1966,1967, and 1968, respec­ or small grain crops for 5 years following No. 910, as amended (7 CFR Part 910), tively. the completion of the practice. regulating the handling of lemons grown 2. The allocation of funds among 8. A new § 701.63A is added, effective in California and Arizona, effective under States for the 1967 program will be pub­ beginning with the 1967 program, im­ the applicable provisions of the Agri­ lished at a later date in an amendment mediately following § 701.63, as follows: cultural Marketing Agreement Act of to §701.2. § 701.63A Practice B-12 s Controlling 1937, as amended (7 U.S.C. 601-674), and upon the basis of the recommendation § 701.17 [Amended] noxious weeds in order to protect soil or water resources. and information submitted by the Lemon 3. The second sentence of § 701.17 is Administrative Committee, established amended, effective beginning with the This; practice is limited to situations under the said amended marketing agree­ 1967 program, by deleting the words where control of weeds is necessary to ment and order, and upon other available “under the 1954 or a subsequent the protection of the soil or water re­ information, it is hereby found that the program”. source. Cost-sharing will be limited to limitation of handling of such lemons, 4. Section 701.32 is revised, effective control of perennial weeds (and also •as hereinafter provided, will tend to ef­ beginning with the 1967 program, to read biennial weeds in permanent vegetative fectuate the declared policy of the act. as follows: cover) designated as noxious by the State (2) It is hereby further found that it ACP Development Group with the ap­ is impracticable and contrary to the pub­ § 701.32 Appeals. proval of the Director, Farmer Programs lic interest to give preliminary notice, Division, ASCS. The practice is appli­ Any person may obtain reconsidera­ engage in public rule-making procedure, cable only in areas where weed control and postpone the effective date of this tion and review of determinations affect­ measures will be carried out on an or­ ing his participation in the program in ganized basis which will minimize rein­ amendment until 30 days after publi­ accordance with Part 780 of this chapter festation. cation hereof in the F ederal Register (29 F.R. 8200), as amended. (5 U.S.C. 1001-1011) because the time § 701.72 [Amended] 5. A new § 701.32A is added, effective intervening between the date when in­ 9. Section 701.72 is amended, effective formation upon which this amendment beginning with the 1967 program, im­ beginning with the 1967 program, by re­ mediately following § 701.32, as follows: vising the fifth sentence to read as fol­ is based became available and the time § 701.32A Performance based upon ad­ lows: No Federal cost-sharing will be al­ when this amendment must become ef­ vice or action of county or State com­ lowed for cleaning a ditch or for install­ fective in order to effectuate the declared mittee. ing structures primarily for the conven­ policy of the act is insufficient, and this ience of the farm operator. . Cases involving performance rendered amendment relieves restriction on the in good faith in reliance upon action or § 701.75 [Amended] handling of lemons grown in California advice of an authorized representative of 10. Section 701.75 is amended, effective and Arizona. a county committee or State committee beginning with the 1967 program, by re­ Order, as amended. The provisions in shall be handled in accordance with Part vising the second sentence to read as fol­ paragraph (b) (1) (ii) of § 910.522 (Lemon 790 of this chapter (30 F.R. 17154). lows: No Federal cost-sharing will be al­ Regulation 222, 31 F.R. 9413) are hereby § 701.34 ' [Amended] lowed for cleaning a ditch or for install­ amended to read as follows: ing structures primarily for the conven­ (ii) District 2 : 465,000 cartons. 6. Section 701.34 is amended, effective ience of the farm operator or for portable beêinning with the 1967 program, by pipe. (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S. • adding the following new sentence at the 11. Section 701.77 is revised, effective 601-674) end thereof: If the State or county com­ beginning with the 1967 program to read Dated rJuly 14,1966. mittee finds that there has not been com­ as follows: P aul A. Nicholson, pliance with this provision, with respect § 701.77 Practice C—14: Constructing or to any practice, the person with whom lining dams, pits, or ponds for irriga­ Deputy Director, Fruit and Veg­ costs for the practice were shared shall tion water. etable Division, Consumer ana be required to refund all of the Federal Marketing Service. cost-share for the practice, or such part (Beginning with the 1967 program, thereof as the State or county committee dams, pits, or ponds for irrigation water [F.R. Doc. 66-7798; Filed, July 18. 1966: may determine. ^ \ are included in § 701.59 (Practice B-7).) 8:46 a.m.]

FEDERAL REGISTER, VOL. 31, NO. 138— TUESDAY, JULY 19, 1966 RULES AND REGULATIONS 9713

PART 991— HOPS OF DOMESTIC Sec. (2) The provisions of the order are 991.76 Separability. well known to handlers of hops grown PRODUCTION 991.77 Effective time. 991.78 Termination. in the production area by reason of the Order Regulating Handling 991.79 Proceedings after termination. following: Sec. 991.80 Effect of termination or amendment. (i) the public hearing, at which evi­ 991.0 Findings and determinations. Au t h o r it y : The provisions of this Part 991 dence was received from the industry D e f in it io n s Issued under secs. 1-19, 48 Stat. 31, as amend­ and upon which this order is based, was ed; 7 U.S.C. 601-674. held at Yakima, Wash., March 1-8,1966 ; 991.1 Secretary. (ii) the recommended decision and the 991.2 Act. § 991.0 Findings and determinations. 991.3 Person. final decision were published in the F ed­ 991.4 Hops. (a) Findings upon the basis of the eral R egister on May 21, 1966 (31 F.R. 991.5 Salable hops. hearing record. Pursuant to the Agri­ 7398), and July 2, 1966 (31 F.R. 9118), 991.6 Production area. cultural Marketing Agreement Act of respectively; (iii) copies of the regulatory 991.7 Producer. 1937, as amended (secs. 1-19, 48 Stat. 31, provisions of the order were made avail­ 991.8 Handler. as amended; 7 U.S.C. 601-674), and the able, to all known parties who may be 991.9 Handle. subject thereto, prior to the referendum 991.10 Marketing year. applicable rules of practice and pro­ 991.11 Part and subpart. cedure, as amended (7 CFR Part 900), which was held July 7,1966, to determine a public hearing was held at Yakima, whether producers of hops grown in the Hop Administrative Com m ittee Wash., on March 1 through March 8, production area favor or approve issu­ 991.15 Establishment and membership. 1966, on a proposed marketing agree­ ance of this order; and (iv) all known 991.16 Eligibility. ment and order (7 CFR Part 991), regu­ handlers of hops grown in the production 991.17 Nominations. lating the handling of hops of domestic area were mailed a copy of the marketing 991.18 Procedure. production. On the basis of the evi­ agreement, the regulatory provisions of 991.19 Powers. which are the same as those contained in 991.20 Duties. dence adduced at the hearing, and the record thereof, it is found that: this order. Compliance with the regula­ H op Marketing Advisory B oard (1) The said order, and âll the terms tory provisions of this order will not re­ 991.22 Establishment and membership. and conditions thereof, will tend to effec­ quire advance preparation on the part of 991.23 Nomination. tuate the declared policy of the act; persons subject thereto which cannot be 991.24 Duties. (2) The said order regulates the han­ completed prior to the effective date of Com m ittee and B oard dling of hops produced in the production regulations that may be issued there­ 991.25 Selection and term of office. area in the same manner as, and is ap­ under. Therefore good cause exists for 991.26 Alternate members. plicable only to persons in the respective not delaying the effective date hereof 991.27 Vacancy. classes of industrial or commercial ac­ beyond the date hereinafter set forth 991.28 Expenses. tivity specified in, the marketing agree­ (5 U.S.C. 1003). * R esearch ment and order upon which a hearing (c) Determinations. It is hereby de­ 991.30 Marketing research and development has been held; - termined that handlers (excluding co­ projects. (3) The said order is limited in its operative associations specified in sec­ application to the smallest regional pro­ tion 8c(9) of the act) of more than 50 Quality R egulation, I n spe c t io n , and duction area which is practicable, con­ I dentification percent of the volume of hops covered sistently with carrying out the declared by this order, refused or failed to sign 991.31 Quality regulation. policy of the act, and the issuance of 991.32 Inspection and identification. the aforesaid proposed marketing agree­ 991.33 Hops baled prior to effective date of several orders applicable to subdivisions ment; and it is hereby further deter­ this subpart. of the production area would not effec­ mined that: tively carry out the declared policy of the Volum e Lim it a t io n s (1) The refusal or failure of such han­ act; dlers to sign said proposed marketing 991.36 Marketing policy. (4) There are no differences in the agreement tends to prevent the effectua­ 991.37 Establishment. production and marketing of hops in the tion of the declared policy of the act; 991.38 Allotment of salable quantity. production area covered by the order (2) The issuance of this order is the _ P ooling which require different terms applicable only practical means, pursuant to the Sec. to different parts of such area; and 991.39 Reserve hops. (5) All handling of hops produced in declared policy of the act, of advancing onî'Ü0 Reserve P°ol requirements. the production area is in the current of the interests of producers, as defined in »91.41 Substandard hops. interstate or foreign commerce, or di­ the order, of hops grown in the produc­ rectly burdens, obstructs, or affects such T ransfers tion area; and commerce. (3) The issuance of this order is ap­ qqi Transfer of locations. (b) Additional findings. (1) It is 91.46 Transfer to another producer. hereby found that good cause exists for proved or favored by at least two-thirds of the producers of hops who participated Expenses and Assessm ents making the provisions of this order ef­ fective not later than the time herein­ in a referendum held July 7,1966, on the 991.55 Expenses. after specified so that the Hop Admin­ question of its approval, and who, dur­ 991.56 Assessments. istrative Committee, the administrative ing the determined representative pe­ R eports and R ecords agency provided for in the order, can be riod (August 1, 1965, through May 31, selected and organized, and start to func­ 991.60 Reports. 1966) were engaged within the produc­ 991.61 tion as soon as possible. In this man­ Records. ner, it will be possible should the cir­ tion area, specified in the order, in the 991.62 Verification of reports and records. 991.63 Confidential information. cumstances warrant, for regulations to be production of hops for market. formulated and issued to effectuate the I t is therefore ordered, That, on and Miscellaneous P rovisions declared policy of the act so that pro­ after the effective date hereof, all han­ 991.70 ducers may obtain the benefits of this 991.71 Compliance. dling of hops produced in the production Rights of the Secretary. program on their 1966-67 crop of hops. 991.72 Derogation. The order requires establishment of vol­ area shall be in conformity to, and in 991.73 Agents. ume limitations prior to August 15, 1966, compliance with, the terms and condi­ 991.74 Personal liability. 991.75 if such are to be applicable to the 1966- tions of the said order which are as Duration of immunities. 67 crop of hops. follows:

No. 138----- 2 FEDERAL REGISTER, VOL. 31, NO. 138— TUESDAY, JULY 19, 1966 9714 RULES AND REGULATIONS

D efinitions dealers or brewers, or the sale, transpor­ nominations, the Secretary shall perform § 991.1 Secretary. tation or shipment of such hops by a the functions of the committee. producer to a handler of record, shall (b) Committee members. Nomina­ - “Secretary” means the Secretary of not be construed as handling. tions, other than for positions 1 and 2, Agriculture of the United States, or any §991.10 Marketing year. shall be submitted to the Secretary on other officer or employee of the U.S. De­ the basis of nomination meetings held partment of Agriculture who is, or who “Marketing year” means the 12 months by producers in each district or subdis­ may be, authorized to perform the duties from August 1 to the following July 31, trict. The committee shall hold and shall of the Secretary of Agriculture of the inclusive. give reasonable publicity to nomination United States. § 991.11 Part and subpart. meetings and may use the principal § 991.2 Act. grower organizations in each district or “Part” means the order regulating the subdistrict to convene meetings of pro­ “Act” means Public Act No. 10, 73d handling of hops grown in the produc­ ducers; and the nominees for positions 1 Congress, as amended and reenacted and tion area and all rules, regulations and and 2 shall be submitted directly to the amended by the Agricultural Marketing supplemental orders issued thereunder, committee for certification to the Secre­ Agreement Act of 1937, as amended and the, aforesaid order shall be a “sub­ tary by the cooperative associations. (7 U.S.C. 601 et seq.; 48 Stat. 31, as part” of such part. The eligible person receiving the highest amended). H op Administrative Committee number of votes for a member or alter­ § 991.3 Person. § 991.15 Establishment and member­ nate position shall be the nominee for ship. that position. Only producers eligible to “Person” means an individual, part­ serve on the committee from the district nership, corporation, association, or any A Hop Administrative Committee or subdistrict in which the nominations other business unit. (hereinafter referred to as “committee”) are being conducted shall be eligible to § 991.4 Hops. consisting of 13 members, each of whom vote, and each producer shall have one shall have an alternate, is hereby estab­ “Hops” means the green or dried pis­ vote for each position to be filled. No lished to administer the terms and pro­ producer shall participate in the election tillate cones of the vine Humulus lupulus visions of this part. Positions 1 and 2 or Humulus americanus grown in the of nominees in more than one district. shall be for cooperative producers in Dis­ In case he is a producer in more than one production area and includes residues trict 1. Positions 3 through 7 shall be from the preparation of hops for market, district or subdistrict, he shall select in for independent producers in District 1, which of such district or subdistrict he whether or not such residues are in the and shall be as follows: Positions 3 form of whole hops, portions of hops or will vote and notify the committee as to through 5 each representing one of three his choice. If the Secretary concludes, lupulin, which can be used for a purpose subdistricts of District 1 ; positions 6 and for which hops are used. on the basis of a recommendation of the 7 representing independent producers- committee, that this procedure is un­ § 991.5 Salable hops. at-large in District 1. Positions 8 and 9 satisfactory, or should be changed for “Salable hops” means those hops re­ shall be for District 2 producers, 10 and any reason, he may change this pro­ leased for handling, including commer­ 11 for District 3 producers, and 12 and 13 cedure through formulation and issuance for District 4 producers. The subdis­ of superseding regulations. cial acquisition or use, by the allotment tricts in District 1 shall be as follows: percentage pursuant to § 991.37 and Subdistrict 1 shall be all that portion of § 991.18 Procedure. which constitute the annual allotments the State of Washington lying north of of producers. the south line of Township 12 N., Sub­ At an assembled meeting, all votes § 991.6 Production area. shall be cast in person and 10 members district 2, shall be all that portion of the of the committee shall constitute a “Production area” means all States State of Washington lying south of the quorum. Decisions, of the committee with commercial production of hops and south line of Township 12 N., and west of shall require the concurring vote of at shall be divided into the following the east line of Range 20 E. Subdistrict least nine members. If both a commit­ districts: 3 shall be the rest of the State of Wash­ tee member and his alternate are unable (a) District 1—Washington. ington. The committee, with the ap­ to attend a committee meeting, any other (b) District 2—Oregon. proval of the Secretary, may change sub­ alternate from the same district, if not - (c) District 3—-Idaho. district boundaries to reflect significant acting, may act in the place of the absent (d) District 4—California. changes in numbers of producers. member and alternate. The committee § 991.7 Producer. § 991.16 Eligibility. may vote by mail, telephone, telegraph, Each member and alternate of the or other means of communications: “Producer” is synonymous w ith committee shall be at the time of his Provided, That each proposition is ex­ “grower” and means any person engaged selection and during his term of office, a plained accurately, fully and reasonably in a proprietary capacity in the com­ producer, or an officer or employee of a identical to each member. All votes mercial production of hops, including producer, in the district or subdistrict shall be confirmed in writing. A reason­ “cooperative” producers who are mem­ for which selected and shall not be a full­ able time limit may be set by the com­ bers of a cooperative hop marketing as­ time employee of a cooperative hop mar­ mittee for receipt of written confirma­ sociation and “independent” producers keting association. tion. Ten concurring votes and no dis­ who are not. senting vote shall be required for ap­ § 991.17 Nommations. § 991.8 Handler. proval of a committee action by such (a) GeneralS Producers in each dis­method. “Handler” means any person who trict or subdistrict shall nominate per­ handles hops. sons for each committee member and § 991.19 Powers. § 991.9 Handle. each alternate position prescribed in The committee shall have the follow­ § 991.15. Nominations shall be certified “Handle” means to prepare hops for by the committee and submitted to the ing powers: market, acquire hops, use hops commer­ Sebretary by December 1 of each year, (a) To administer this subpart in ac­ cially of own production, or sell, trans­ together with information deemed by the cordance with its terms and provisions, port or ship (except as a common or con­ committee to be pertinent or requbsted (b) To make rules and regulations to tract carrier of hops owned by another) by the Secretary. If nominations for effectuate the terms and provisions o or otherwise place hops into the current any position are not submitted in the this subpart; . of commerce within the production area specified manner by such date, the Sec­ (c) To receive, inyestigate, and repor or from the area to points outside there­ retary may select the representative for of, except that the preparation for mar­ that position without nomination. For to the Secretary complaints of violations ket of salable hops by producers not the purpose of obtaining the initial of this part;

FEDERAL REGISTER, VOL. 31, NO. 138— TUESDAY, JULY 19, 1966 RULES AND REGULATIONS 9715

(d) To recommend to the Secretary an extractor means a person primarily § 991.27 Vacancy. amendments to this subpart. engaged hi extracting from hops their Any vacancy occasioned by the death, commercially important components. § 991.20 Duties. removal, resignation, or disqualification § 991.23 Nomination. of any committee or board member shall, The committee shall have, among be recognized by the committee certify­ others, the following duties : Nominations for the respective posi­ ing to the Secretary a successor for the (a) To select from among its mem­ tions shall be made- by the handler or unexpired term, unless selection is bership such officers and adopt such rules handlers involved and shall be submitted deemed unnecessary by the Secretary. or bylaws for the conduct of its opera­ to the committee for certification and tions as it deems necessary; transmission to the Secretary, by De­ § 991.28 Expenses. (b) To appoint such employees as it cember 1 of even numbered years, to­ Members and alternates of the com­ may deem necessary, and to determine gether with information deemed to be mittee, and of the board, shall serve the compensation and to define the du­ pertinent or requested by the Secretary. without compensation but shall receive ties of each employee; For member and alternate representa­ such allowances for necessary expenses (c) To keep minutes, books, and rec­ tion for positions 4 and 5, the nominees incurred in connection with their duties ords which will reflect all of the acts and shall be selected at a meeting or by mail as may be approved by the committee. transactions of the committee and which ballot, each eligible handler shall have shall be subject to examination by the one vote for each position and the per­ R esearch Secretary; son receiving the highest number of (d) To prepare periodic statements of votes shall be the nominee. § 991.30 Marketing research and devel­ the financial operations of the committee opment projects. v and to make copies of each such state­ § 991.24' Duties. The committee, with the approval of ment available to producers and han­ the Secretary, may establish or provide dlers for examination at the office of the The duties of the board shall consist for thajestablishment of marketing re­ committee; of selecting officers from its members, search and development projects de­ (e) To cause the books of the commit­ establishing such bylaws as it deems signed to assist, improve, or promote the tee to be audited by a certified public necessary for performing its functions, marketing, distribution, and consump­ accountant at least once each marketing making recommendations with respect tion of hops. The expense of such proj­ year and at such other times as the to marketing policies, and the considera­ ects shall be paid from funds collected committee may deem necessary, or as tion of such other matters as it may pursuant to § 991.56, but the expenses of the Secretary may request, to submit deem advisable or the committee may any projects involving reserve hops shall two copies of each such audit report io request. It shall accept from any be allocated, as appropriate, in whole or the Secretary, and to make available a brewer or consumer of hops such infor­ in part, to funds obtained from the dis­ copy which does not contain confidential mation pertinent to marketing policy as position of reserve hops. The handling data for inspection at the offices of the may be offered and consider the same of hops grown or used for research pur­ committee by producers and handlers; in making recommendations to the poses may be exempted from regulation (f) To act as intermediary between committee. pursuant to such rules and regulations the Secretary and any producer or han­ Committee and B oard as the committee, with the approval of dler; the Secretary, may adopt. (g) To investigate and assemble data § 991.25 Selection and term of office. on the growing, handling and marketing Quality R egulation, I nspection, and conditions with respect to hops; (a) Selection. Committee and board I dentification (h) To submit to the Secretary such members shall be selected by the Secre­ available information as he may request tary from nominees submitted by the § 991.31 Quality regulation. or the committee may deem desirable committee or from among other eligible Upon recommendation of the com­ and pertinent; persons. Each person so selected shall mittee, the Secretary shall establish such (i) To notify producers and handlers qualify by filing a written acceptance minimum quality standards for hops in of all meetings of the committee to con­ with the Secretary prior to assuming the terms of their leaf and stem content and sider recommendations for regulations duties of the position. other quality factors as will tend to ef­ and of all regulatory actions taken af­ (b) Term of office. The term of of­ fectuate the objectives of this part and fecting producers and handlers; fice of committee members shall be for the declared policy of the act; and no (j) To give the Secretary the same a period of 2 calendar years except that handler shall acquire or use hops which' notice of meetings of the committee and the term of office of committee members fail to meet such standards. Hops fail­ its subcommittees as is given to its mem­ holding odd numbered positions shall ing to meet such standards shall be con­ bers; and end on December 31 of odd numbered sidered “substandard” hops and, except (k) To investigate compliance and use years, and committee members holding for disposition within his own farming means available to prevent violations of even numbered positions as set forth in operations, shall not be disposed of to the provisions of this part. § 991.15, shall end on December 31 of persons other than the committee or its even numbered years. The terms of of­ Hop Marketing Advisory B oard fice of board members shall be 2 calendar designees. § 991.22 Establishment and member­ years ending on December 31 of-even § 991.32 Inspection and identification. ship. numbered years. However, the initial sition on the committee and of each po­ No handler shall handle, nor the com­ ^ Hop Marketing Advisory Board sition on the board shall end on De­ mittee receive for reserve pooling, hops hereinafter referred to as “board”) cember 31, 1968. Committee and board which have not been inspected and cer­ gonsisting of five members, each of whom members shall serve for the term of tified for leaf and stem content and iden­ ^ an alternate, is hereby estab- office for which they are selected and tified as prescribed by the committee. isned to advise and assist the committee have qualified and until their respective When minimum quality standards are h«« 0n^ 1» 2, and 3 shall be one posi- successors are selected and have qual­ established pursuant to § 991.31, only n each for each of the three handlers ified. hops inspected and certified as meeting hnn ".an^e<* the largest quantity oi such requirements shall be eligible to be voo the preceding marketing § 991.26 Alternate members. salable or reserve hops. Inspection and L ar' Position 4 shall be for all othei certification shall be by a Federal-State tin« cersi ° ^ er than extractors. Posi- An alternate for-a member shall act inspection service and the cost borne by 5 shall be for extractors of hops, in the place of such member (a) in his the applicant. Inspection and identi­ hn«!« member or alternate shall be a absence, or (b) in the event of his death, fication shall be completed prior to No­ ha«?r an officer or employee of a removal, resignation, or disqualification, vember 15 or other date established pur­ snnt~fr’ H1 the position or group repre- until a successor for his unexpired term suant to § 991.39. Such identification lea* P°r the purposes of this section has been selected and has qualified. shall not be altered or removed by any

FEDERAL REGISTER, VOL. 31, NO. 138— TUESDAY, JULY 19, 1966 9716 RULES AND REGULATIONS handler while in his control except when (b) Limitations on allotment percent­mitted to the production of hops by incidental to their disposition. age. The respective allotment percent­ February 8, 1966, by either having en­ ages applicable to the 1966 and 1967 tered into a bona fide contract calling § 991.33 Hops baled prior to effective crops shall be not less than 93 percent for delivery of a specified quantity of date of this subpart. each. However, unless such is estab­ hops at a specified price from such new Any producer holding hops baled prior lished prior to August 15, 1966, there acreage, by completing planting of hops, to the effective date of this subpart is shall be no allotment percentage appli­ by completing construction of trellis or entitled, upon application made by the cable to the 1966 crop. No allotment by meeting such other indications of producer to the committee within 30 percentage applicable to the 1968 and commitment as the committee, with the days after its establishment, to have such subsequent crops shall be less than 85 approval of the Secretary, may prescribe. hops exempted from regulation under percent. (5) In accordance with this paragraph this part. Upon the committee deter­ (a) and based on reports of handlers, mining the eligible poundage, it shall § 991.38 Allotment of salable quantity. producer certification and other infor­ issue a release permitting any handler (a) Allotment bases. (1) Except asmation, the committee shall establish to handle such hops. Hops held by otherwise provided in this section, the each producer’s allotment base, and shall handlers on the effective date of this sub­ allotment base for each producer shall assign such allotment base to such pro­ part but acquired prior thereto are also be the higher of: ducer. The right of each producer re­ exempt from regulation under this part. (1) The highest average amount per ceiving an allotment base, or his legal acre sold from any three of his 1962, successor in interest, to retain all or part Volume Limitations 1963, 1964, or 1965 harvested acreage of an allotment base shall be dependent § 991.36 Marketing policy. multiplied by his 1965 acreage on which on his continuing to make a bona fide Except as otherwise provided by the a bona fide effort was made to produce effort to produce the annual allotment Secretary, but no later than March 1, and harvest hops, or referable thereto and failing in any year or such earlier date as the committee, (ii) 95 percent of the highest averageto do so, such allotment base shall be re­ with the approval of the Secretary, may amount per acre sold from either his duced by an amount equivalent to such establish, the committee and the board 1962, 1963, 1964, or 1965 harvested acre­ unproduced proportion: Provided, That shall hold such joint meetings as will age multiplied by his 1965 acreage on the committee, with the approval of the enable the committee to adopt a market­ which a bona fide effort was made to pro­ Secretary, may waive such requirement ing policy for the ensuing marketing duce and harvest hops. and, upon application to the committee year. The committee shall consider the (2) Where a producer’s hop acreage is and receipt of acknowledgment of such, recommendations of the board, the expanding as a result of new plantings, such requirement shall be waived for the quantity of hops that should be made and where a bona fide effort was made to 1966 crop for all producers except those available for marketing to meet market produce and harvest more hops, his whose hop acreage is expanding by requirements and to establish orderly allotment base shall include the volume, reason of additional plantings or trans­ marketing conditions, the prospective beginning with the 1966 or 1967 market­ fer of acreage and shall be waived for carryin of producers, handlers, and ing year, whichever is the normal first the 1967 crop for all producers. brewers, the desirable carryout, the year of harvest for such hops, obtained (b) Additional allotment bases. Each prospective imports, and other factors by multiplying the new harvested acre­ marketing season the committee shall affecting marketing conditions. If these age of the producer planted to the same consider the need for granting, and if considerations indicate a need for limit­ variety by his allotment base average appropriate, grant, with the approval of ing the quantity of hops marketed, the sales per acre. Where such expansion the Secretary, additional allotment committee shall recommend to the Sec­ arises from transfer of acreage, upon bases, to either a new producer or an retary, a salable quantity and allotment which hops were produced in 1965, and existing producer, for such purposes as percentage for the ensuing marketing subsequent to 1965 harvest but prior to satisfying the demand for one or more year. Prior to August 1 of each year, the effective date of this subpart, the varieties, providing more equitable al­ the committee shall review its marketing v allotment base shall be computed and lotment bases where allotment bases re­ policy and, if conditions warrant, rec­ determined in the same manner as flect below normal sales as a result of ommend to the Secretary an appropriate though such acreage had not been trans­ heptachlor damage to plants, or adjust­ increase in the salable quantity and al­ ferred, but no such allotment base shall ing the total of all allotment bases to the lotment percentage for the ensuing crop be granted unless the producer makes a trade demand. Administration of this as may be warranted. Notice of the bona fide effort to produce and harvest a provision shall be in accordance with marketing policy recommendations for 1966 crop from such acreage. such rules and regulations as the com­ a marketing year and any later changes (3) If a producer has no applicable mittee may prescribe, with the approval shall be submitted promptly to the Sec­ sales history for the reasons listed in of the Secretary. retary and all producers and handlers. this subparagraph, his allotment base, Cc) Issuance of annual allotments to beginning with the first year of harvest, producers. As early as possible in each § 991.37 Establishment. shall be the acreage multiplied by the year, and subsequent to the committee s (a) Action by the Secretary. If foraverage amount per acre sold for the marketing policy meeting, the commit­ any marketing year the Secretary finds, like variety in the allotment bases of tee shall furnish each producer a form on the basis of the committee’s recom­ other producers in the state or locality, on which he may qualify for his annum mendation or other information, that whichever is applicable, in which the allotment. Such form shall contain limiting the quantity of hops that may acreage is located. The reasons are as space for the producer to show changes be freely marketed from any crop would follows: , in the locations, if any, where he fhtenas tend to effectuate the declared policy of (i) All his 1965 acreage was un­ to produce his annual allotment, and a the act, he shall determine the salable harvested, agreement by the producer to report m quantity for such crop which handlers (ii) Part of his acreage was un­ production to the committee, and sue may handle. The salable quantity shall harvested and planted to a variety with other information as is necessary to be prorated among producers by apply­ yields per acre substantially different carry out the provisions of this part- ing an allotment percentage to each from his harvested acreage, or The committee, using such form, sna producer’s allotment base. The allot­ (iii) All of his acreage was planted qualify and issue to each producer ms ment percentage shall be established by and harvested in 1965, or part of his appropriate annual allotment wm the Secretary and shall be equal to the acreage was planted to a new variety and shall be the allotment percentage time* salable quantity divided by the total of harvested in 1965, where first year his effective allotment base: Provia > all producer allotment bases established harvesting is not the normal practice for That where a producer chooses not pursuant to § 991.38. Except as provided the variety. grow and harvest hops from all or P in this part, no handler may handle hops (4) However, new harvested acreage of his acreage, and he notifies tne com­ other than salable hops, except that a of subparagraphs (2) and (3) of this mittee thereof prior to anotni ^ producer-handler may prepare hops for paragraph must have been planted to issuance, it shall reduce the annual a market. ^ hops no later than 1966 and been com­ ment consistent with such producer s

FEDERAL REGISTER, VOL. 31, NO. 138— TUESDAY, JULY 19, 1966 RULES AND REGULATIONS 9717 tion: And, provided further, That a han­ to the committee or its designees shall be committee, with the approval of the Sec­ dler may acquire from a producer who, included in the reserve pool and the retary, may establish. A pool shall be except for this part, is legally obligated terms and conditions of delivery shall be considered closed when all receipts of to deliver to said handler at a specific made known, by the committee, prior to hops have been disposed of. price a specific quantity of hops, from the date such excess hops become reserve (c) Distribution of pool proceeds. The specified acreage of his own production, hops. Any producer-handler not deliv­ proceeds from the disposition of reserve pursuant to the terms of a written con­ ering his reserve hops by the closing date hops from each pool after deduction of tract entered into prior to, and effective for pooling shall report the quantity, any expense incurred by the committee by February 8,1966, and calling for deliv­ quality and variety held and may dispose in receiving, handling, holding, or dis­ ery of hops produced prior to 1971, and of such hops only at the direction of the posing of hops in such pool, shall be dis­ said handler shall be permitted through committee and only in nonnormal out­ tributed on a pro rata basis to the respec­ 1970 to acquire hops of the producer’s lets. tive equity holders or their successors in own production to fulfill such contract interest on the basis of the quality, va­ terms, but the total so acquired by all § 991.40 Reserve pool requirements. riety and the number of pounds credited handlers from the producer during any (a) General. The committee shall to each account in the pool, with priority marketing year shall not exceed 100 per­ pool reserve hops in a manner to accu­ to those hops in the first division of ten cent of the producer’s then effective rately account for their receipt, storage percent in excess of the individual pro­ allotment base. and disposition. The committee shall ducer’s annual allotment, except that (d) Filling deficiencies in salable quan­ establish categories in terms of quality distribution of the proceeds to members tity. (1) A producer who produced less and varieties and a schedule of relative of cooperative hop marketing associa­ than his annual allotment under condi­ Values for settlement of pool accounts. tions shall be made to such association. tions where he had sufficient hops under Reserve hops from each crop shall be The committee may make payments to trellis to produce his allotment, taking pooled separately. The committee shall equity holders, or their successors in in­ into consideration his previous average designate a committee employee as terest whenever sufficient monies are re­ yields and who according to normal com­ reserve pool manager. Administration of ceived from the sale or other disposition mercial practice, made a bona fide effort the provisions in this section shall be in of pooled reserve hops in excess of esti­ to grow and harvest such hops may, pribr accordance with such rules and regula­ mated total pool expenses. A full ac­ to the date excess hops become reserve tions as the committee may prescribe counting to each equity holder, or suc­ hops pursuant to § 991.39, fill any deficit with the approval of the Secretary. cessor in interest, in each reserve pool in his annual allotment by acquiring hops (b) Disposition. The committee shall shall be made by the committee annually from another producer that are in excess endeavor to dispose of pooled reserve on or before December 1 or such other of such other producer’s annual allot­ hops as soon as practicable following the date as the committee, with the approval ment. The committee shall be furnished date established in § 991.39 for delivery of the Secretary, may prescribe. The a full report by such' producers of the of reserve hops to the committee, or its committee may, with the approval of the transaction, including the names of both designees, for the purpose of filling do­ Secretary, require advances by equity parties, the quantity and such other in­ mestic and export trade requirements, holders of anticipated expenses at the formation as will enable the committee time hops are pooled. to administer this provision. These re­ taking into consideration the current supply and demand conditions at the § 991.41 Substandard hops. quirements with respect to filling deficits time such disposition of reserve hops is may be modified by the committee with being considered. Pooled reserve hops The committee may establish pools to the approval of the Secretary. may be disposed of as follows: assist in the disposition of substandard (2) Any such producer who did not (1) Normal market outlets. The com­ hops and the net proceeds from such dis­ exercise his option ta fill the deficit in his mittee shall offer pooled reserve hops for position shall be distributed to the equity allotment prior to the date excess hops purchase by handlers for use in normal holders on the basis of the number of become reserve hops pursuant to § 991.39 market outlets when necessary to meet pounds credited to their account. or who fails to meet all of the require­ domestic and export trade demand re­ T ransfers ments of subparagraph (1) of this para­ quirements not satisfied by salable hops. graph shall be ineligible to acquire any Offers to sell such hops to handlers, ex­ §991.45 Transfer of locations. such excess hops. Administration of this tension of offer periods, and withdrawal provision shall be in accordance with Nothing contained in this subpart shall of offers before an offer period has ex­ prevent a producer from transferring such rules and regulations! as the com­ pired, shall be subject to the disapproval mittee may prescribe with the approval from the location (s) where he produces of the Secretary. of the Secretary. H ie committee may his annual allotment to other land which establish, with the approval of the Sec­ he owns or leases. The committee shall, (e) Information. As a service to retary, rules and regulations governing by such means as are provided in growers and handlers, the committee offers to handlers. § 991.38(c), obtain information as to the shall act as a clearing house of informa­ (2) Marketing development. Pooled tion on producers with deficits in produc­ location (s) where each producer intends reserve hops may be used by the commit­ to produce each annual allotment. tion and the-availability of hops in ex­ tee in marketing development projects cess of salable. Such information shall approved by the Secretary and such proj­ § 991.46 Transfer to another producer. oe available at the committee office to any ects may be conducted by the committee Producer or handler upon request. A producer may transfer all or part directly or through handlers. of an allotment base from himself to P ooling (3) Nonnormal outlets, exchanges and another producer. Such a transfer § 991.39 Reserve hops. closing of pools. The committee shall, shall be recognized, and annual allot­ at any time, with the approval of the ments granted thereunder, upon the ■ tmled, packaged, processed, or Secretary dispose of pooled reserve hops transferor and transferee so notifying nerwise prepared for market that are determined to be in excess of foreseeable the committee in writing and the trans­ Hli/fxcess of an effective individual pro- needs in mulch, fertilizer or other non­ feree submitting evidence of capability ^ ® nnual allotment or the total of normal outlets. Prior to such disposi­ to produce and harvest the annual allot­ tivn aUotmonts to members of a coopera- tion, the committee shall offer such re­ ment referable thereto in the first mar­ bv e marketing association and are held serve hops in exchange for salable hops keting year unless waiver is granted y any producer-handler or association held by producers which are damaged or pursuant to § 991.38(a) (5). For any on November l, or such other date as otherwise unsuitable. After the comple­ purchase of hop acreage occuring subse­ re«Q,.?,0nil?1“*'ee may Prescribe, shall "be tion of the exchange period, all remain­ quent to the 1965 harvest, but prior to £ops- No handler shall handle ing hops in such pool shaH be disposed the effective date of this subpart, such or no*6 • ant* no Producer-handler of in mulch, fertilizer or other nonnormal purchase shall be recognized as a trans­ to «nation shall deliver reserve hops outlets. All such exchanges and disposi­ fer of such portion of the allotment base desi0ri^r than the committee or its tions in nonnormal outlets shall be sub­ as is applicable to the acreage pur­ g ees. Only reserve hops so delivered ject to such terms and conditions as the chased and in production in 1965,

FEDERAL REGISTER, VOL. 31, NO. 138— TUESDAY, JULY 19, 1966 9718 RULES AND REGULATIONS

E xpanses and Assessments fying marks, variety, weight, place of or in modification of the rights of the § 991.55 Expenses. production, and the producer’s name and Secretary or of the United States (a) address on December 31, and such other to exercise any powers granted by the act The committee is authorized to incur dates as the committee may designate. or otherwise, or (b) in accordance with such expenses as the Secretary finds are (c) Other reports. Upon the requestsuch powers, to act in the premises reasonable and likely to be incurred by of the committee, with the approval of whenever such action is deemed advis­ it during each marketing year for such the Secretary, each handler shall fur­ able. purposes as the Secretary may, pursuant nish to the committee such other in­ to the provisions of this subpart, de­ formation as may be necessary to enable § 991.73 Agents. termine to be appropriate and for the it to exercise its powers and perform its The Secretary may, by designation in maintenance and functioning of the duties under this part. writing, name any officer or employee of committee. The committee shall submit the United States, or name any agency or to the Secretary a budget for each mar­ § 991.61 Records. division in the U.S. Department of Agri­ keting year, including an explanation Each handler shall maintain such rec­ culture, to act as his agent or representa­ of the items appearing therein, and a ords pertaining to all hops handled as tive in connection with any of the pro­ recommendation as to the rate of assess­ will substantiate the required reports. visions of this part. ment for such year. All such records shall be maintained for § 991.74 Personal liability. § 991.56 Assessments. not less than 2 years after the termina­ tion of the marketing year to which No member or alternate member of the (a) Requirements for payment. Each such records relate. committee and no employee or agent of handler shall pay to the committee upon the committee shall be held personally demand, his pro rata share of the ex­ § 991.62 Verification of reports and responsible, either individually or jointly penses authorized by the Secretary for records. with others, in any way whatsoever, to each marketing year. Each handler’s For the purpose of assuring compliance any person for errors in judgment, mis­ pro rata share shall be the rate of assess­ with record keeping requirements and takes, or other acts, either of commission ment per pound fixed by the Secretary verifying reports filed by producers and or omission, as such member, alternate, times the quantity of salable hops which handlers, the Secretary and the com­ employee, or agent, except for acts of he handles as the first handler thereof. mittee through its duly authorized em­ dishonesty, willful misconduct, or gross At any time during or after a marketing ployees, shall have access to any premises negligence. year, the Secretary may increase the where applicable records are maintained, rate of assessment as necessary to cover where hops are received or held, and § 991.75 Duration of immunities. authorized expenses. The payment of at any time during reasonable business The benefits, privileges, and immu­ expenses for the maintenance and func­ hours shall be permitted to inspect such nities conferred upon any person by vir­ tioning of the committee may be re­ handler premises, and any and all rec­ tue of this part shall cease upon its termi­ quired during periods when no regula­ ords of such handlers with respect to nation, except with respect to acts done tions are in effect. matters within the purview of this part. under and during the existence of this (b) Excess funds. At the end of a part. marketing year, funds in excess of the §991.63 Confidential information. year’s expenses shall be placed in an All reports and records furnished or § 991.76 Separability. operating reserve not to exceed approxi­ submitted by handlers to, or obtained by If any provision of this part is de­ mately one marketing year’s operational the employees of, the committee which clared invalid or the applicability thereof expenses or such lower limits as the contain data or information constituting to any person, circumstance or thing is committee, with the approval of the Sec­ a trade secret or disclosing the trade held invalid, the validity of the remainder retary, may establish. Funds in such position, financial condition, or business of this part of the applicability thereof to reserve shall be available for use by the operations of the particular handler from any other person, circumstance, or thing committee for expenses authorized pur­ whom received, shall be treated as con­ shall not be affected thereby. suant to § 991.55. Funds in excess of fidential and the reports and all informa­ those placed in the operating reserve tion obtained from records shall at all § 991.77 Effective time. shall be refunded to handlers. Each times be kept in the custody and under The provisions of this subpart, and of handler’s share of such excess shall be the control of one or more employees of any amendment thereto, shall become the amount of assessments he paid in the committee _who shall disclose such effective at such time as the Secretary excess of his pro rata share of the actual information to no person other than the may declare above his signature and shall expenses of the committee and the addi­ Secretary. continue in force until terminated in one tion, if any, to the operating reserve. of the ways specified in § 991.78. (c) Accounting of funds upon ter­ Miscellaneous P rovisions mination of order. Any money collected §991.70 Compliance. 991.78 Termination. as assessments pursuant to this subpart No person shall handle hops except (a) Failure to effectuate. The Sec­ and remaining unexpended in the pos­ in conformity with the provisions of this tary shall terminate or suspend the session of the committee after termina­ part. leratioh of any or all of the provisions tion of this part shall be distributed in : this part whenever he finds that such such manner as the Secretary may di­ § 991.71 Rights of the Secretary. revisions obstruct or do not tend to ei- rect: Provided, That to the extent practi­ Members of the committee and of the otuate the declared policy of the act. cal, such funds shall be returned pro board, and any agents, employees, or rep­ (b) Referendum. TheSecretaryshau rata to the persons from whom such resentatives thereof, shall be subject to irminate the provisions of this subpar^ funds were collected. removal or suspension by the Secretary ; the end of any marketing year when- R eports and R ecords at any time. Each and every decision, rer he finds that such termination determination, and other act of the ivored by a majority of the produc § 991.60 Reports. committee shall be subject to the con­ ho during the preceding marketing y (a) Inventory. Each handler shall tinuing right of disapproval by the Sec­ roduced for market more than 50 Pe ” file with the committee a certified report retary at any time. Upon such disap­ >nt of the volume of hops so producer showing such information as the com­ proval, the disapproved action of the rovided, That any referendum pursu- mittee may specify with respect to any committee shall be deemed null and void, nt to an order issued by the Secre tary hops which were held by him on January except as to acts done in reliance thereon > determine whether or not produ 1 and June 1 and such other dates as or in accordance therewith prior to such ivor termination of this subpart sh the committee may designate. disapproval by the Secretary. eld during the first 15 days of October, (b) Receipts. Each handler shall, Lit such termination shall be effec_ upon request of the committee, file with § 991.72 Derogation. ily if announced on or before No . the committee a certified report showing Nothing contained in this part is, or ;r 15 of the then current marketing for each lot of hops received, the identi­ shall be construed to be, in derogation year.

FEDERAL REGISTER, V O L 31, NO. 138—-TUESDAY, JULY 19, 1966 RULES AND REGULATIONS 9719 (c) Termination of act. The provi­and of the order regulating the handling (4) Interested parties were afforded sions of this subpart shall, in any event, of milk in the Greater Kansas City mar­ opportunity to file written data, views, terminate whenever the provisions of keting area (7 CFR Part 1064), it is or arguments concerning this suspension the act authorizing them cease to be in hereby found and determined that: (31 F.R. 9396). None were filed in op­ effect. (a) The following provision of the or­ position to the proposed suspension. § 991.79 Proceedings after termination. der no longer tends to effectuate the de­ Therefore, good cause exists for mak­ clared policy of the Act for the months of ing this order effective July 1,1966. Upon termination of the provisions July and August 1966. It is therefore ordered, That the afore­ of this part, the committee shall, for the In § 1064.62 the provision “and from said provision of the order is hereby purpose of liquidating the affairs of the which the disposition of Class I milk in suspended for the period July 1, 1966, committee, continue as trustees of all the other Federal marketing area exceeds through August 31, 1966. the funds and property then in its pos­ that in the Greater Kansas City market­ session, or under its control, including (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.O. ing area.” 601-674) claims for any funds unpaid or property (b) Thirty days notice of the effective not delivered at the time of such termi­ date hereof is impractical, unnecessary, Effective date. July 1, 1966. nation. The said trustees shall (a) con­ and contrary to the public interest in tinue in such capacity until discharged Signed at Washington, D.C., on July that: 14, 1966. by the Secretary; (b) from time to time (1) This suspension order does not account for all receipts and disburse­ require of persons affected substantial or George L. Mehren, ments and deliver all property on hand, extensive preparation prior to the effec­ Assistant Secretary. together with all books and records -of tive date. [F.R. Doc. 66-7830; Filed, July 18, 1966; the committeeand of the trustees, to such (2) This suspension order is neces­ 8:49 a.m.] persons as the Secretary may direct; sary to reflect current marketing condi­ and (c) upon the request of the Secre­ tions and to maintain orderly marketing tary, execute such assignments or other conditions in the marketing area. instruments necessary or appropriate to Chapter XIV— Commodity Credit Cor­ (3) This action, which is supported by poration, Department of Agriculture vest in such person full title and right to the handler affected and by cooperative all of the funds, property, and claims associations7 representing all producers SUBCHAPTER B— LOANS, PURCHASES, AND vested in the committee or the trustees on the St. Joseph, Mo., market and more OTHER OPERATIONS pursuant thereto. Any person to whom than 80 percent of producers on the funds, property, or claims have been [C.C.C. Grain Price Support Regs., 1966 and Greater Kansas City market, will permit Subsequent Crops Wheat Supplement] transferred or delivered, pursuant to this a plant to remain pooled under the St. section, shall be subject to the same obli­ Joseph order during July and August PART 1421— GRAINS AND SIMILARLY gation imposed upon the committee and 1966, if it continued to meet the pool HANDLED COMMODITIES upon the trustees. plant requirements of that order, without § 991.80 Effect of termination or regard to its proportion of Class I dispo­ Subpart— 1966 and Subsequent Crops amendment. sition in the Greater Kansas City mar­ Wheat Loan and Purchase Program Unless otherwise expressly provided by keting area. the Secretary, the termination of this Beginning in July 1966 a pool plant Correction subpart or of any regulation issued pur­ now undèr the St.. Joseph order, by vir­ In F.R. Doc. 66-7502, appearing at page suant to this subpart, or the issuance of tue of increased Class I sales intd the 9414 of the issue for Saturday, July 9, any amendment to either thereof, shall Greater Kansas City marketing area, will 1966, the words “county warehouse” in not (a) affect or waive any right, duty, have a majority of its Class I disposition the heading of § 1421.2172(d) and in the obligation, or liability which shall have there and is expected to become regulated text of § 1421.2172(d) (1) should read arisen or which may thereafter arise in by the Greater Kansas City order. Be­ “country warehouse”. connection with any provisions of this cause of this shift of a plant with rela­ subpart or any regulation issued here­ tively high Class I utilization, thé blend under, or (b) release or extinguish any price to producers remaining on the St. SUBCHAPTER C— EXPORT PROGRAMS violation of this subpart or any regula­ Joseph market is expected to be signif­ tion issued hereunder, or (c) affect or icantly lowered in relation to the Kansas [Rev. 3, Arndt. 2] City blend price. nnpair any rights or remedies of the Sec­ PART 1483— WHEAT AND FLOUR retary or any other person with respect to Also, producers delivering to the plant any such violation. shifted to the Kansas City market pool Subpart— Wheat Export Program—— would have their payments distributed 601-674)i«.608- 48 Stat. 31, as amended; 7 U.S.C. according to the base-excess payment Payment in Kind (GR-345) Terms plan which is effective under the Kansas and Conditions Issued at Washington, D.C., this 14th City order. These changes in the blend The terms and conditions of the Wheat Taf July 1966, to become effective price relationship and payment method July 22, 1966. Export Program—Payment in Kind would disrupt orderly marketing and (Git-345) (27 F.R. 6415), as amended George L. Mehren, threaten the maintenance of an adequate (27 F.R. 10741, 28 F.R. 7120, 29 F.R. 4077, Assistant Secretary. supply of milk for these two markets. 9431, 12067, 15115, 30 F.R. 532, 4531, [PR. Doc. 66-7829; Piled, July 18, 1966; On June 30, 1966 (31 F.R. 9279), the 8898, 31 F.R. 4728) are further amended 8:49 am.] Associate Administrator, Consumer and as follows: Marketing Service issued a recommended decision which proposed among other § 1483.115 [Amended] Chapter X— Consumer and Market- things that the St. Joseph and Greater Kansas City orders be merged. One of Section 1483.115 Exportation Require­ ln9 ^erv'ce (Marketing Agreements ments paragraph (c) is * amended by ® , Orders; Milk), Department of the reasons for the proposed merger of these orders into a single order, as stated changing the^ext to the last sentence to Agriculture in that decision, would be the prevention read as follows: “For the purposes of as­ [Milk Order No. 64] of sharp changes in the relative level sessing liquidated damages, an exporta­ of prices paid producers supplying St. tion which has not been made within 60 Pi5 L,1064-M ILK IN GREA Joseph versus Kansas City. Due to the calendar days after the expiration date KANSAS CITY MARKETING AR time necessary to complete amendment of the export period provided in the ex­ rder Suspending Certain Provij procedures, it is not possible to deal with porter’s offer and accepted by CCC, shall this emergency development by that be deemed not to have been made at all.” cultSr? Provisions of the 1 method. Hence, this suspension action Section 1483.125 Notice of sale is 1937 o ^rkcting Agreement Ac is needed to be effective for the months amended by changing paragraphs (b) » as amended (7 U.S.C. 601 et s of July and August 1966. (4) and (8) to read as follows:

FEDERAL REGISTER, VOL. 31, NO. 138— TUESDAY, JULY 19, 1966 9720 RULES AND REGULATIONS

§1483.125 Notice of sale. a Contracting Officer has responsibility mediately following the close of the pe­ * # * * * under this regulation. riod to be covered in the Financial Re­ (b) Information required. (Secs. 4 and 5, Stat. 1070 and 1072, sec. 2, port. The second textual change adds a fifth subdivision to paragraph (d) (2) * * * * * 63 Stat. 945, as amended, 15 UJ3.C. 714 b and c, 7 U.S.C. 1641) of § 107.802 to provide notice that Li­ (4) Coast of export (i.e., Gulf coast censees shall file, for any regular report­ (Including Puerto Rico), East coast (in­ Effective date. This amendment shall ing period, any part, parts, or portions cluding St. Lawrence and Great Lakes be effective on the date of filing this thereof of SBA Form 468 as may be spe­ ports), West coast (including Hawaii)). amendment with the Director, Office of cifically required by SBA in the particu­ * * * * * the Federal Register. lar instance, in addition to the part or (8) Class and grade of wheat, protein Signed at Washington, D.C., on July parts of SBA Form 468 regularly content and any additional commodity 15, 1966. required. specification in the contract. H. D. G odfrey, The following changes have been made Executive Vice President, in the Financial Report, SBA Form 468 § 1483.126 [Amended] Commodity Credit Corporation. (9-66), and the Instructions for Prepara­ Section 1483.126 Notice of Registra­ [F.R. Doc. 66-7844; Filed, July 15, 1966; tion of the Financial Report (SBA Form tion is amended by adding after the first 1:32 p.m.] 468) (9-66) as made available for review sentence of paragraph (a) the following: in connection with the May 28, 1966, "If a Notice of Sale is received by CCC proposal: which provides more than one coast of (1) A footnote (f) has been added to export or more than one class of wheat Title 13— BUSINESS CREDIT Schedule 2, referring to an additional in­ with the exporter or foreign buyer struction similarly designated in the in­ having the option to select the coast of AND ASSISTANCE structions concerning this schedule. In­ export or class of wheat, a Notice of struction (f) requires Licensees filing Registration will not be issued unless, Chapter I— Small Business only Part I of SBA Form 468 for any pe­ because of special circumstances, it is Administration riod to provide on Schedule 2 information regarding delinquencies of portfolio com­ determined by the Contracting Officer to [Arndt. 20 (Rev. 3) ] be in the best interest of CCC,” and by panies in paying principal and/or inter­ adding in the second sentence of para­ PART 107— SMALL BUSINESS est, and regarding any rescheduling, re­ financing, or refunding of principal and/ graph (b) after the words, "The Notice INVESTMENT COMPANIES of Sale may be issued/’ the words “subject or interest, or any conversion of a delin­ to the provisions or paragraph (a) of this Financial Reports quent item. section,” and by amending paragraph ,(2) The statement concerning crimi­ (c) to read as follows: Pursuant to authority: contained in nal penalties provided for under 18 (c) Each Notice of Registration will section 308 of the Small Business Invest­ U.S.C. 1001 (false statements, entries or include a registration number which ment Act of 1958, Public Law 85-699, 72 representations to SBA, concealment of shall be shown on the Declaration of Stat. 694, as amended, there is amended, material facts, etc.) and 15 U.S.C. 645(a) Sale, in all correspondence withr refer­ as set forth below, Part 107 of Subchapter (false statements, willful overvaluation ence to the transaction, and on the Re­ B, Chapter I of Title 13 of the Code of of securities, etc., for the purpose of ob­ port of Wheat Exported, Form CCC-521. Federal Regulations, as revised in 29 F.R. taining loans, extensions thereof, or ac­ 16946-i6961, and amended in 30 F.R. tion regarding security thereunder, or Section 1483.127 Declaration of sale 534, 1187,^652, 2653, 2654, 3635, 3856, influencing SBA action in any way, or and evidence of sale paragraphs (b) (6), 7597, 7651, 8775,8900,11960,13005,14095, obtaining-money or anything of value) (9), and (10) are amended to read as 14850, 14850-14851, and 31 F.R. 2815, follows the provisions for verification of follows: 4954, and 4954-4955, by amending § 107.- Part I and Part H, as well as Part IH. § 1483.127 Declaration of sale and evi­ 802. This change necessitated the inclusion dence of sale. Information and effective date. On of an additional page in the report, mak­ ing a total of 20 pages. * * * * * May 28, 1966, notice of proposed' rule making was published in the F ederal (3) A paragraph has been added to the (b) Information required. R egister (31 F.R. 7710) concerning instructions for preparation of Schedule * * * * * amendment of the SBIC Regulation to: 12 to require the furnishing, in connec­ (6) Class and grade of wheat, protein(1) Provide notice of the revision of the tion with that schedule, of information content and any additional commodity Financial Report, SBA Form 468, and on any rescheduling, refinancing, or re­ specification in the contract. the Instructions for Preparation of the funding of principal and/or interest on ***** Financial Report (SBA Form 468); and loans or debt securities, or any conversion (2) delete and substitute for the Finan­ of a delinquent item. (9) Coast of export (i.e. Gulf coast (in­ cial Report, SBA Form 468 (3—65), and The present amendment shall become cluding Puerto Rico), East coast (includ­ the Instructions for Preparation of the effective September 1, 1966. ing St. Lawrence and Great Lakes ports), Financial Report (SBA Form 468) (3- The Regulations Governing Small West coast (including Hawaii)). 65), the amended Financial Report, SBA Business Investment Companies are (10) Export payment rate per bushel Form 468 (9-66), and Instructions for hereby amended as follows: of wheat as determined under these Preparation of the Financial Report 1. By deleting paragraphs (d) and (e) regulations. (SBA Form 468) (9-66). of J 107.802 in their entirety and substi­ § 1483.158 [Amended] After careful consideration of the com­ tuting in lieu thereof new p a ra g ra p h s ments and suggestions received, the Ad­ (d) and (e). As amended p a ra g ra p h s Section 1483.158 Payment terms and ministration has determined to adopt the (d) and (e) of § 107.802 read as follows: financial arrangements paragraph (b) formal amendment, set forth below, as (3) (ii) is amended by changing the next § 107.802 Reports. being in furtherance of the best interests * * * * * to the last sentence to read as follows: of the SBIC program. The formal ‘"The rate of interest will be the rate an­ amendment published herewith incor­ (d) Forms for financial reports. The nounced in the CCC monthly sales list porates the provisions of the May 28, financial reports required by this sectio for U.S, bank obligations.” 1966, proposal except for two textual to be submitted to SBA by Licensees sna be on the prescribed form constituting A new § 1483.188a is added to read as Changes. follows: The first textual change expands the the Financial Report, SBA Form j definition of "borrowing companies” in (9- 66) / which is designed for submission § 1483.188a Contracting officer. subdivision (i) of paragraph (d) (1) of in part or in its entirety. Part t "Contracting Officer” means a Con­ § 107.802 to include Licensees which con­ quires statement of financial condit > tracting Officer, CCC, to whom the Direc­ template making application for SBA tor has delegated the function for which financing within the twelve months im­ i Filed as part of the original document.

FEDERAL REGISTER, VOL. 31, NO. 138— TUESDAY, JULY 19, 1966 RULES AND REGULATIONS 9721 statement of statutory capital and sur­ requirements as to financial reports to [Rev. 6] plus, statement of realized gain or loss be filed with SEC and the time allowed on investments, statement of income and for filing. PART 121— SMALL BUSINESS SIZE expense, and supporting schedules 1 (6) When the Licensee has one or STANDARDS through 6; Part II requires supporting more branch offices, the data contained The Small Business Size Standards schedules 7 through 13; and Part III in the basic financial statements and all (Revision 5) (30 F.R. 2247), as amended, requires supporting schedules 14 and 15. supporting schedules shall comprise a (30 F.R. 4252, 6778, 15323, 8825, 12640, (1) The determination as to what partcombination of the figures for the prin­ 9055, 15323, 31 F.R. 4340, 31 F.R. 7375), or parts of the report shall be filed by cipal office and all branches. All money is hereby rescinded in its entirety and a particular Licensee for a particular amounts required to be shown in the the following compilation of Small Busi­ reporting period is based on the classifi­ financial statements and schedules may ness Size Standards (Revision 5) and cation of the Licensee with regard to the be expressed in even dollars, at the op­ Amendments 1 through 9 thereto are following categories: tion of the Licensee. If the financial substituted in lieu thereof:. (1) Borrbsying Companies—Licensees data are expressed in even dollars, ap­ Sec. which are or become indebted to SBA on propriate adjustments of individual 121.3 Statutory provisions. account of section 302 or section 303 amounts shall be made for the fractional 121.3- 1 Purpose and method of establish­ funds (including SBA guarantees or com­ part of a dollar so that the items will add ing size standards. mitments with respect thereto), or which to the totals shown. The Financial Re­ 121.3- 2 Definition of terms. contemplate making application for such port prepared by each Licensee shall pre­ 121.3- 3 Organization—size functions. SBA financing within the 12 months im­ 121.3- 4 Application for size determination. sent fairly the financial position of the 121.3- 5 Protest of small business status. mediately following the close of the pe­ Licensee as of the close of the period 121.3- 6 Appeals. riod to be covered in the Financial covered by the report and the results of 121.3- 7 Differentials. Report. the Licensee’s operations for such period, 121.3- 8 Definition of small business for (ii) 1940 Act Companies—Licensees and shall be prepared in accordance with Government procurement. which are registered investment com­ the detailed instructions accompanying 121.3- 9 Definition of small business for panies subject to the regulatory jurisdic­ SBA Form 468. sales of Government property. 121.3x10 Definition of small business for tion of the Securities and Exchange (e) Verification of reports. The veri­ Commission under the Investment Com­ SBA loans. pany Act of 1940. fication of the Financial Report, SBA 121.3- 11 Definition of small business for Form 468, shall bear the signature of the assistance by small business in­ (2) With respect to the regular re­ chief financial officer of the Licensee, or vestment companies. porting periods ending September 30 and other officer authorized by the board of 121.3- 12 Definition of small business Gov­ March 31, Licensees shall file the various directors to sign in the event the chief ernment subcontractors. parts of the Financial Report, SBA Form 121.3- 13 Definition of small business for financial officer is unavailable. A Li­ receiving priority payment un- 468, as follows: censee filing with SBA only Part I of the (i) All nonborrowing, non-1940 Act . der section 213(a) of the War Financial Report shall execute the verifi­ Claims Act of 1948, as amended. companies file only Part I with SBA as cation provided in Part I. A Licensee 121.3- 14 Interpretations. of September 30 and March 31. filing with SBA both Part I and Part II (ii) All nonborrowing, 1940 Act com­ Authority: The provisions of this Part 121 panies file only Part I with SBA as of shall execute the verification provided issued under PubUc Law 85-536, sec. 5(b) 6, in Part II and need not execute that con­ 72 Stat. 385; § 121.3-13 issued under Public September 30 and only Parts I and II tained in Part I. A Licensee filing with Law 87-846, sec. 213(a) , 72 Stat. 384. with both SBA and SEC as of March 31. SBA Parts I, n , and HI shall execute the (iii) All borrowing, non-1940 Act com­ verification provided in Part i n and § 121.3 Statutory provisions. panies file only Parts I and HI with SBA (а) Small Business Act, as amended. as of September 30 and March 31. need not execute that contained in either Part I or Part II. A secretarial officer S ec. 3. For the purpose of this Act, a small (iv) All borrowing, 1940 Act com­ of the Licensee shall attest by signature business concern shall be deemed to be one panies file only Parts I and III with SBA to the fact that the minutes of a meeting which is independently owned and operated as of September 30; file Parts I, II, and of the Licensee’s board of directors show and which is not dominant in its field of op­ m with SBA as of March 31; and file eration. In addition to the foregoing criteria omy Parts I and n with SEC as of that the relevant part or parts of the the Administrator, in making a detailed March 31. Financial Report, SBA Form 468, have definition, may use these criteria, among been reviewed and determined as true , W Any or all Licensees file, in addi­ others: Number of employees and dollar tion to the part or parts regularly re­ and correct by the board of directors. volume of business. Where the number of The date on which each signature is employees is used as one of the criteria in quired, any part, parts, or portions there- affixed shall be shown. All three copies making such definition for any of the pur­ may ^ specifically required by of the Financial Report to be furnished poses of this Act, the maximum number of ~ A in the particular instance. to SBA shall bear the original signatures employees which a small business concern (3) With respect to interim financial may have under the definition shall vary reports, SBA may specifically require any of the verifying officers in ink. from industry to industry to the extent or all Licensees to file with SBA any 2. By deleting the Financial Report,necessary to reflect differing characteristics of such industries and to take proper ac­ rd* parts of the Financial Report, SBA Form 468 (3-65), and Instructions »BA Form 468, for any period of 1 month for Preparation of the Financial Report count of other relevant factors. or more. (SBA Form 468) (3-65) referred to in v * * * * . <4) Financial Report, SBA Form paragraphs (g) and (h) of sec. 107.802, Sec. 8(b). It shall also be the duty of the shall be submitted in triplicate to and substituting therefor amended Fi­ Administration and it is hereby empowered, ne Investment Division, Small Business nancial Report, SBA Form 468 (9-66), whenever it determines such action is and Instructions for Preparation of the necessary— «ministration, Washington, D.C. 20416, (б) To determine within any industry the before the last day of the month Financial Report (SBA Form. 468) concerns, firms, persons, corporations, part­ «mediately following the close of the (9-66). Said amended Financial Report, nerships, cooperatives, or other business pe lod covered by the report (in the case SBA Form 468 (9-66), and Instructions enterprises which are to be designated anunaudited report) ,'and on or before for Preparation of the Financial Report "small business concerns” for the purpose of —ft day of the third month follow- (SBA Form 468) (9-66) will henceforth effectuating the provisions of this Act. To constitute the documents referred to in carry out this purpose the Administrator, thl the close °f fhe period covered by paragraphs (g) and (h) of § 107.802. when requested to do so, shall issue in re­ rgpo-Port (in the case of an audited sponse to each such request an appropriate Dated: July 11,1966. certificate certifying an individual concern licensees which are 1940 Act corn­ as a “small business concern” in accordance ea refer to the rules promul- Bernard L. Boutin, with the criteria expressed in this Act. Any Administrator. such certificate shall be subject to revoca­ CnmrL- s Securities and Exchange tion when the concern covered thereby ceases 500 Nortl:1 Capitol Street, [F.R. Doc. 66-7806; Filed, July 18, 1966; to be a “sinall business concern.” Offices of ington, D.C. 20549, for the official 8:47 a.m.] the Government having procurement or

No. 138----- 3 FEDERAL REGISTER, VOL. 31, NO. 138— TUESDAY, JULY 19, 1966 9722 RULES AND REGULATIONS lending powers, or engaging in the disposal considered in formulating industry size (b) “Annual sales or annual receipts” of Federal property or allocating materials standards: means the annual sales or annual re­ or supplies, or promulgating regulations af­ (i) Concentration of output; ceipts, less returns and allowances, of a fecting the distribution of materials or sup­ concern and its affiliates during its most plies, shall accept as conclusive the Admin­ (ii) Coverage ratio; istration's determination as to which enter­ (iii) Primary product specialization recently completed fiscal year. prises are to be designated “small business ratio; (c) “Appeal” means a written com­ concerns,” as authorized and directed under (iv) Absolute number of concerns; munication addressed to the Size Appeals this paragraph. (v) Size of industry (dollar volume); Board requesting it to review a deter­ (b) Small Business Investment Act of (vi) Employment size of industry mination relating to a size matter made, leaders; and by a Regional Director or his delegatee, 1958, as amended. (vii) The SBA program for which the or by a Contracting Officer. Sec. 103. As used in this Act— size standard is established. (d) “Area of Substantial Unemploy­ * - * * * * ment” for the purpose of small business In formulating industry size standards size determinations means a geograph- ' (5) The term “small business concern” for the purpose of Government procure­ ical area within the United States - shall have the same meaning as in the “Small ment, the additional factor of Govern­ which: Business Act” * * * ment procurement history shall be used. (1) Is classified by the Department of The use of this additional factor may Labor either as an “Area of Substantial (c) War Claims Act of 1948, as cause the size standards for the purpose amended. Unemployment” or an “Area of Sub- , of Government procurement and the size stantial and Persistent Unemployment,” ■ Sec. 213(a). The Secretary of the Treas­ standards for the purpose of financial and such classification has been listed ury shall pay out of the War Claims Fund on assistance to differ for the same industry. account of awards certified by the Commis­ in that Department’s publication “Area (3) Product classification. For size Labor Market Trends” continuously, sion pursuant to this title as follows and in standards purposes, a product shall be the following order of priority: classified into only one industry, even from September 15, 1961, until a size (1) Payment in full of awards made pur­ though, for other purposes, it could be determination is made; or suant to section 202(d) (1) and (2) and (2) Is individually certified by the thereafter of any award made pursuant to classified into more than one industry.^ Department of Labor as an “Area of section 202(a) to any claimant-certified to In determining the SIC industry into Substantial Unemployment” and has the Commission by the Small Business Ad­ which particular products shall be clas­ been eligible for such certification con­ ministration as having been, on the date of sified for size standard purposes, con­ tinuously since September 15, 1961. loss, damage, or destruction, a small busi­ sideration shall be given to all appro­ ness concern within the meaning now set priate factors, including: If an area has been removed from the forth in the Small Business Act, as amend­ (i) Alphabetic indices published by the publication “Area Labor Market Trends” ed * * *. Bureau of the Budget, Bureau of the or if an area becomes ineligible for cer­ § 121,3—1 Purpose and method of estab­ Census and the Business and Defense tification at any time, such area is ex­ lishing size standards. Services Administration. cluded from the above definition and (ii) Description of the product under cannot be reinstated for the purpose of (a) Purpose. This part defines “small consideration. size determinations unless it is desig­ business concerns” _and establishes (iii) Previous Government procure­ nated as a Redevelopment Area by standards, criteria, and procedures to ments for the same or similar products, the Department of Commerce. (See determine which concerns are “small and § 121.3-2(s).) business concerns” within the meaning (iv) Published information concern­ of the Small Business Act, as amended ing the nature of companies which “Base maintenance” means furnishing (hereinafter referred to as the “Act”) ; manufacture such product. at an installation within the several the Small Business Investment Act of (4) Product classification decision. States, Commonwealth of Puerto Rico, 1958, as amended (hereinafter referred The SBA Regional Director or his dele­ Virgin Islands, or the District of Co­ - to as the “Investment Act”) ; and the gates of the SBA Region in which the lumbia, three or more of the following War Claims Act of 1948, as'•amended applicant’s principal office is located shall services: janitorial and custodial serv­ (hereinafter referred to as the “War determine the appropriate SIC classifi­ ices, protective guard services, commis­ Claims Act”). cation except that for procurement pur­ sary services, fire prevention services, (b) Method of establishing size stand­ poses the determination shall be made refuse collection services, safety engi­ ards—(1) Use of Standard Industrial by the official specified in § 121.3-8. neering services, messenger services, Classification Manual. . The Standard Such determination shall be subject to grounds maintenance and landscaping Industrial Classification Manual, as appeal in the manner provided in services, and air conditioning and refrig­ amended, prepared and published by the § 121.3-6. eration maintenance; provided, however, Bureau of the Budget, Executive Office that whenever the contracting officer de­ of the President, shall be used by SBA § 121.3—2 Definition of terms used in termines prior to the issuance of Wds in defining industries. this part. that the estimated value of one of the foregoing services constitutes more than (1) Exception. Whenever SBA deter­ (a) "Affiliates.” Concerns are affili­50 percent of the estimated value of the mines that within an industry, as defined ates of each other when either directly entire contract, the contract, shall no in the SIC Manual, there is a group of or indirectly (1) one concern (other be classified as base maintenance bu establishments manufacturing a class of than an investment company licensed in the industry in which such service is products which has been given a five­ under the Small Business Investment digit code by the Bureau of the Census Act of 1958 or registered under the In­ classified. and such groups of establishments would vestment Company Act of 1940, as (e) “Crude-oil capacity” means tne be recogpized as a separate industry ex­ amended), controls or has the power to maximum daily average crude throws - cept for the fact that it fails to meet the control the other, or (2) a third party put of a refinery in complete °l^atio , Bureau of the Budget’s size of industry or parties (other than an investment with allowance for necessary shutdown criterion for SIC Manual recognition and company licensed under the Small Busi­ time for routine maintenance, repairs, SBA further determines that the finan­ ness Investment Act of 1958 or registered etc. It approximates the inaximma cial assistance size standard for such under the Investment Company Act of daily average crude runs to stills t can be maintained for an extend class of products should be 500 employees 1940, as amended), controls or has the period. „ rather than 250 employees^ SBA shall power to control both. In determining whether concerns are independently (f) “Certificate of Competency thereupon adopt a separate size standard owned and operated and whether or not m eans a certificate issued by SBA pursu for such class of products and shall list it affiliation exists, consideration shall be a n t to the authority contained in secwn in Schedule A of this Part 12I~. given to all appropriate factors, includ­ 8 (b) (7) of the Act stating that the hoiae (2) Factors in formulating size stand­ ing common ownership, common man­ of the certificate is competent as toc» ards. The following factors shall be agement, and contractual relationships. pacity and credit, to perform a sp

FEDERAL REGISTER, VOL. 31, NO. 138— TUESDAY, JULY 1$, 1966 RULES AND REGULATIONS 9723 Government procurement or sales con­ (o) “Nonmanufacturer” means any the territories and possessions of the tract. concern which in connection with a spe­ United States, the Commonwealth of (g) “Concern" except for § 121.3-13, cific Government procurement contract, Puerto Rico, and the District of Co­ means any business entity organized for other than a construction or service con­ lumbia. profit with a place of business located in tract, does not manufacture or produce the United States, including, but not the products required to be furnished by § 121.3—3 Organization-—size functions. limited to, an individual, partnership, such procurement. Nonmanufacturer The Deputy Administrator for Pro­ corporation, joint venture, association, includes a concern which can manufac­ curement and Management Assistance or cooperative. For the purpose of mak­ ture or produce the products referred to shall: ing size determinations, any /business in the specific procurement but does not (a) Develop and recommend small entity, whether organized for profit or do so in connection with that procure­ business size standards to the Adminis­ not, and any foreign business entity shall ment. trator of SBA for promulgation; be included. For the purpose of § 121.3- (p) A concern is “not dominant in its (b) Conduct industry hearings per­ 13 a concern need not have a place of field of operation” when it does not exer­ taining to size matters; business located in the United States. cise a controlling or major influence'bn (c) In concert with the Office of Gen­ (h) “Contracting Officer” means the a national basis in a kind of business eral Counsel, issue interpretations of the person executing a particular contract activity in which, a number of business Size Standards Regulation; on behalf of the Government, and any concerns are primarily engaged. In de­ (d) Consider and take appropriate ac­ other employee who is properly desig­ termining whether dominance exists, tion on written petitions objecting to or nated contracting officer ; the term in­ consideration shall be given to all ap­ requesting amendments or rescission of cludes the authorized representative of propriate factors, including volume of a published size standard; a contracting officer acting within the business, number of employees, financial (e) Establish procedures for the im­ limits of his authority. resources, competitive status or position, plementation of all size programs; and (i) “Convalescent or nursing home” ownership or control of materials, proc­ (f) Perform such other related func­ means those facilities for the accommo- esses, patents, license agreements, facili­ tions as may be appropriate to adminis­ dation of convalescents or other persons ties, sales territory, and nature of busi­ ter the SBA size program. who are not acutely ill or not in need of ness activity. hospital care but who may require nurs­ (q) “Number of employees” means the § 121.3—4 Application for size determi­ ing care and related medical services, average employment of any concern, in­ nation. which facility is privately owned and op­ cluding the employees of its domestic Size determinations shall be made by erated for the purpose of obtaining prof­ and foreign affiliates, based on the num­ the Regional Director, or his delegatee, its which shall inure to the benefit of its ber of person^ employed on a full-time, of the Region in which the applicant’s owners, stockholders, or members. part-time, temporary, or other basis principal office is located. The Regional (j) “Department store” means a con­ during the pay period ending nearest the Director, or his delegatee, promptly shall cern employing twenty-five (25) or more last day of the third month in each notify, in writing, the applicant and other persons engaged in the retail sale of some calendar quarter for the preceding four interested persons of his decision. Such items in each of the following merchan­ quarters. If a concern has not been in determination shall be final unless ap­ dise lines: (1) Furniture, home furnish­ existence for four full calendar quarters, pealed in the manner provided in § 121.3- ings, appliances, radio and television “number of employees” means the aver­ 6. Applications for size determinations sets; (2) a general line of apparel for the age employment of such concern and its shall be submitted on SBA Form 355, Ap­ family; and (3) household linens and dry affiliates during the period such con­ plication for Small Business Size De­ goods, provided, however, that sales cern has been in existence based on the termination, in duplicate, to any SBA within any one of the preceding mer­ number of persons employed during the Field Office. The SBA Field Office re­ chandise lines do not exceed eighty per­ pay period ending nearest the last day of ceiving the application shall forward the cent (80%) of the concern’s total sales each month. application to the Regional Office serv­ and the aggregate of such merchandise (r) “Protest” means a statement in ing the area in which the applicant’s “jj& accounts for at least fifty percent writing from any bidder or offerer hav­ principal office is located. SBA Form concern’s total sales. ing a valid interest in whether or not 355 shall be completed and supporting (k) “Gross leasable area” means the another bidder or offerer on the same materials shall be attached thereto. Ap­ total floor area designed for tenant oc­ Government procurement or Govern­ plications for size determinations made cupancy and exclusive use, including ment disposal contract is a small busi­ by either a small business investment casements, mezzanines, and upper floors, ness within the meaning of this Part 121. company or an applicant for assistance u any, expressed in square feet measured Such statement shall contain the basis from such an investment company shall irom the center line of a joint partition for the protest, together with specific de­ be submitted on SBA Form 480, together n \ dentists, hospitals, (u) “Size determination” means a rul­ of business on the fifth day, exclusive of ciiitiP^ ar health facilities, which fa- ing by SBA that a concern is or is not, or Saturdays, Sundays, and legal holidays, for thare Privately owned and operated was or was riot a small business within after bid or proposal opening: Provided, which ch PiV*?036 of obtaining profits the meaning of this part. however, That a protest received after ownm inure to the benefit of its (v) “United States” as used in this such time shall be deemed to be timely ers> stockholders, or members. regulation includes the several States, and shall be considered if, in the case of

FEDERAL REGISTER, VOL. 31, NO. 138— TUESDAY, JULY 19, 1966 9724 RULES AND REGULATIONS

mailed protests, such protest is sent by (b) Method of appeal—(1) Who maydelays beyond the control of the registered or certified mail and the post­ appeal. An appeal may be taken by any appellant.. mark thereon indicates that the protest concern or other interested party which (4) Notice of appeal. No particular would have been delivered within this has: form is prescribed for the Notice of Ap­ time limit but for delays beyond the con­ (1) Protested the small business status peal. However, to avoid time consum­ trol of the protestant or, in the case of of another concern pursuant to § 121.3-5 ing delays and necessity for further cor­ telegraphed protests, the telegram date and whose protest has been denied by a respondence, the following information and time line indicates that the protest Regional Director. should be included : would have been delivered within this (ii) Been adversely affected by a de­ (i) Name and address of concern on time limit but for delays beyond the con­ cision of a Regional Director pursuant which the size determination was made; trol of the protestant. Any Contracting to § 121.3-4 and § 121.3-5; or (ii) Tife character of the determina­ Officer who receives such timely protest tion from which appeal is taken and its shall promptly forward such protest to the (iii) Been adversely affected by a deci­ date; SBA Regional Office serving the area in sion of a Contracting Officer regarding (iii) If applicable, the IFB or contract which the principal office of the protested product classification pursuant to number and date, and the name and ad­ concern is located. A Contracting Offi­ § 121.3-8. dress of the contracting officer; cer may question the small business (2) Where to appeal. Written Notices (iv) A concise and direct statement of status of any bidder or offerer by filing of Appeal shall be addressed to the the reasons why the decision of a Re­ a protest with the SBA Regional Office Chairman, Size Appeals Board, Small gional Director is alleged to be erroneous; serving the area in which the principal Business Administration, Washington, (v) Documentary evidence in support office of the protested concern is located. D.C. 20416. of such allegations; and Failure to make a timely protest shall not (3) Time for appeal, (i) An appeal (vi) Action sought by the appellant. prejudice the right to challenge the small from a size determination or product (c) Notice to interested parties. The business status of the same or any other classification by a Regional Director, or Size Appeals Board shall promptly ac­ concern in the future. his delegatee, may be taken at any time, knowledge receipt of the Notice of Ap­ (b) Notification of protest. Upon re­ except that, because of the urgency of peal and shall send a copy of such Notice ceipt of such protest, the SBA Regional pending procurements, appeals concern­ of Appeal to the appropriate Regional Director or his delegatee shall immedi­ ing the small business status of a bidder Director, the Contracting Officer, if a ately notify the Contracting Officer and or offerer in a pending procurement may pending procurement is involved, and the protestant of the date such protest be taken within 5 days, exclusive of other interested parties. has been received and that the size of Saturdays, Sundays, and legal holidays, (d> Statement of interested parties. the concern being protested is being con­ after receipt of a decision by a Regional After receipt of a copy of appellant’s No­ sidered by SBA. The Regional Director Director, or his delegatee. Unless writ­ tice of Appeal, interested parties may or his delegatee shall also advise the ten notice of such appeal is received by file in duplicate with the Board, a state­ protested bidder or offerer of the receipt the Size Appeals Board before the close ment as to why the appeal should or of the protest and shall forward to the of business on this fifth day, the appel­ should not be denied. Such statement protested bidder or offerer a copy of the lant will be deemed to have waived its shall be accompanied by appropriate protest and a blank SBA Form 355, Ap­ rights of appeal insofar as the pending evidence. Copies of such statements plication for Small Business Size Deter-' procurement is concerned. and appropriate evidence will be furn­ mination, by Certified Mail, Return (ii) An appeal from a product clas­ ished to the appellant. Such state­ Receipt Requested. The bidder or of­ sification determination by a Contract­ ments and supporting evidence shall be ferer shall be advised, in writing, that: ing Officer may be taken (a) not less mailed or delivered to the Chairman, Size (1) It must, within three (3) days after than io days, exclusive of Saturdays, Appeals Board, Small Business Adminis­ receipt of the copy of the protest and Sundays, and legal holidays, before bid tration, Washington, D.C. 20416, within SBA Form 355, file the completed form opening day or deadline for submitting five (5) days of the receipt of the copy of as directed by SBA, (2) it must attach proposals or quotations, in cases wherein Notice of Appeal unless an extension is thereto a statement in answer to the the bid opening date or last date to sub­ for cause granted by the Chairman of the allegations of the letter of protest, to­ mit proposals or quotations is more than Size Appeals Board. gether with evidence to support such 30 days after the issuance of the Invita­ (e) Consideration "by the Size Appeals position, and (3) if it does not submit tion for Bids or Request for Proposals or Board. The Size Appeals Board shall the completed SBA Form 355, SBA will Quotations, or (b) not less than 5 days, consider the appeal on the written sub­ rule that the protested concern is other exclusive of Saturdays, Sundays, - and mission of the appellant, or may, in its than a small business. legal holidays, before the bid opening day discretion, permit oral presentations by (c) Notification of determination. or deadline for submitting proposals or interested" parties. The Board shall After receipt of a protest and responses quotations, in cases wherein the bid promptly recommend in writing to the thereto, SBA shall determine the small opening date or last date to submit pro­ Administrator a proposed decision which business status of the protested bidder posals or quotations is 30 or less days shall state the reasons for the recom­ or offerer and notify the Contracting after the issuance of the Invitation for mendation. Officer, the protestant, and the protested Bids or Request for Proposals or Quota­ (f) Decision of the Administrator. bidder or offerer of its decision within tions, and The Administrators decision shall be 10 working days, if possible. (iii) The timeliness of an appeal un­ predicated upon the entire record after der subdivisions (i) and (ii) of this sub- giving such weight to the recommenda* § 121.3—6 Appeals. paragraph shall be determined by the tion of the Size Appeals Board as he shau time of receipt of the appeal by the deem appropriate provided, howeve, (a) Appeals organization. (1) TheSize Appeals Board; provided, however, that should he not concur with tne Size Appeals Board is the representative that an appeal received after such time recommendation of the Size Appca of the Administrator for reviewing size limits have expired shall be deemed to Board, he shall state in writing the bas appeals. be timely and shall be considered if, in for his findings and conclusions. (2) The Size Appeals Board shall con­the case of mailed appeals, such appeal is (g) Notification of final decisi • sist of at least three members designated sent by registered or certified mail and The Chairman shall promptly notify, by the Administrator, one of whom shall the postmark thereon indicates that the writing, the appellant and the other _ be designated as Chairman. Alternate appeal would have been received with­ terested parties of the Administrate members shall also be designated by the in the requisite time limit but for delays decision, together with the reas Administrator. The Size Appeals Board beyond the control of the appellant, or, therefor. is authorized to conduct such proceed­ in the case of telegraphed appeals, the 21.3—7 Differentials, ings as it determines appropriate to en­ able it to consider appeals and recom­ telegram date and time line indicates a) Alaska. If an applicant for a size mend to the Administrator decisions that the appeal would have been received srmination is a concern whicn thereon. within the requisite time limit but for y percent (50%) or more of its annua

FEDERAL REGISTER, VOL. 31, NO. 138— TUESDAY, JULY 19, 1966 RULES AND REGULATIONS 9725 sales or receipts attributable to business which meets the criteria provided in this nonmanufacturer. Interested persons were activity within Alaska then, whenever section may represent that it is a small requested to file written comments. The comments filed suggested the need for fur­ “annual sales or annual receipts” are business. In the absence of a written ther study of the proposal. Until such time used in any size definition contained in protest or other information which would as a new definition of a small business non­ this part, said dollar limitation is in­ cause him to question the veracity of the manufacturer is adopted, the following creased by twenty-five percent (25%) of self-certification, the contracting officer definition shall be applicable: the amount set forth therein. shall accept the self-certification at face Any concern which submits a bid or offer (b) Substantial unemployment and value for the particular procurement in­ in its own name, other than on a construc­ redevelopment areas—(1) Business loans volved. If a procurement calls for more tion or service contract, but which proposes under the Small Business Act. Notwith­ than one item the bidder must meet the to furnish a product not manufactured by said bidder or offerer, is deemed to be a small standing any other provision of this part, size standard for each item for which it business concern when: the applicable size standards for the pur­ submits a bid. The determination of the (1) It is a small business concern within pose of financial assistance under section appropriate classification of a product the meaning of paragraph (a) of this section 7(a) of the Act are increased by twenty- shall be made by the contracting officer (its number of employees does not exceed five percent (25%) whenever the con­ and his determination shall be final un­ 500 persons), and cern maintains or operates a plant, less appealed in the manner provided in (2) In the case of Government procure­ facility, or other business establishment § 121.3-6. If no standard for an in­ ment reserved for or involving the pref­ erential treatment of small businesses, such within an Area of Substantial Unemploy­ dustry, field of operation, or activity; nonmanufacturer shall furnish in the per­ ment or Redevelopment Area and agrees e.g., animal specialties, fin fish, anthra­ formance of the contract the products of a to use the financial assistance within cite mining, management-logistics sup­ small business manufacturer or producer such area or, if it does not maintain or port (outside of the several States, Com­ which products are manufactured or pro­ operate a plant, facility, or other business monwealth of Puerto Rico, Virgin duced in the United States; provided, how­ establishment within an Area of Sub­ Islands, or the District of Columbia) ever, if the goods to be furnished are woolen, stantial Unemployment or Redevelop­ has been set forth in this section, a con­ worsted, knitwear, duck, and webbing, dealers and converters shall furnish such ment Area, agrees to utilize the financial cern bidding on a Government contract products which have been manufactured or assistance for the establishment and/or is a small business if, including its affili­ produced by a small weaver (small knitter operation of a plant, facility, or other ates, it is independently owned and for knitwear), and, if finishing is required, business establishment within such operated, is not dominant in the field of by a small finisher. If the procurement is area. operation in which it is bidding on Gov­ for thread, dealers and converters shall fur­ (2) Small business investment com­ ernment contracts, and has 500 em­ nish such products which have been finished panies and development companies. ployees or less. ' by a small finisher. (Finishing of thread is Notwithstanding any other provision of (a) Construction. Any concern bid­ defined as all “dyeing, bleaching, glazing, mildew proofing, coating, waxing, and other this part, the size standard for a small ding on a contract for work which is applications required by the pertinent specifi­ business concern receiving assistance classified in Division C, Contract Con­ cations, but excluding mercerizing, spinning, from a small business investment com­ struction of the Standard Industrial throwing, or twisting operations.”) If the pany or receiving assistance from a de­ Classification Manual, as amended, pre­ procurement is for a refined petroleum velopment company in connection with pared and published by the Bureau of the product, other than a lubricant or miscel­ a section 501 or section 502 loan are in­ Budget, Executive Office of the President, laneous petroleum product, a small petro­ creased by twenty-five percent (25%) is: leum refining concern (Standard Industrial Classification Industry No. 2911) may fur­ whenever such concern maintains or (1) Small if its average annual re­ nish the product of a refinery not qualified operates a plant, facility, or other busi­ ceipts for its preceding 3 fiscal years do as small business if such product is obtained ness establishment within an Area of not exceed $7 Vz million. pursuant to a bona fide exchange agreement, Substantial Unemployment or Redevel­ (2) Small if it is bidding on a contract in effect on the date of the bid or offer, be­ opment Area and agrees to use such as­ for dredging and its average annual tween the bidder or offerer and the refiner sistance within such area or, i if it does receipts for its preceding 3 fiscal years do of the product to be delivered, provided that not maintain or operate a plant, facility, not exceed $5 million. the exchange agreement requires exchanges (b) Manufacturing. Any c o n c e r n in a stated ratio on a refined petroleum prod­ or other business establishment within uct for a refined petroleum product basis, an Area of Substantial Unemployment or bidding on a contract for a product it and precludes any monetary settlement, and Redevelopment Area, agrees to utilize manufactured is classified: provided, further, that the products ex­ such assistance in connection with the (1) As small if it is bidding on a con­ changed for the products offered and to be establishment and/or operation of a tract for food canning and preserving delivered to the Government are manufac­ Plant, facility, or other business estab­ and its number of employees does not ex­ tured by the bidder or offerer. lishment in such area. ceed 500 persons, exclusive of agricul­ (3) Government procurement assist- tural labor as defined in section (k) of (d) Research, development, and test­ once, sales of Government property, and the Federal Unemployment Tax Act, 68A ing. Any concern bidding on a contract Government subcontracting. This para­ Stat. 454, 26 U.S.C. (I.R.C. 1954) 3306. for research, development, and/or test­ graph is not applicable to size determina- (2) As small if it is bidding on a con­ ing is classified: wons for the purpose of Government tract for petroleum, other than lubricants (1) As small if it is bidding on a con­ Procurement assistance, sales o”f Govérn- and miscellaneous petroleum products, tract for research and/or development rnent property, or Government subcon­ and its number of employees does not which requires delivery of a manufac­ tracting. * exceed 1,000 persons and it does not tured product and (i) it qualifies as a have more than 30,000 barrels-per-day small business manufacturer within the " I?Definition of small business crude-oil capacity from owned or leased meaning of § 121.3-8 (b) for the industry for Government procurement. facilities. into which the product is classified, or A small business concern for the pur­ (3) As small if it is bidding on a con­ (ii) it qualifies as a small business non­ pose of Government procurement is a tract for a product classified within an manufacturer within the meaning of innCern> deluding its affiliates, which is industry set forth in Schedule B of this § 121.3-8 (c). rinm?en^en^y owned and operated, is not part ancj its number of employees does (2) As small if it is bidding on a con­ in of operation in not exceed the size standard established tract for research and/or development troft ^ *s Adding on Government con- for that industry. which does not require delivery of a c^foSand can further qualify under the (4) As small if it is bidding on a con­ manufactured product or on a contract cm«« 1i-se^ f°rfh in this section. When tract for a product classified within an for testing and its number of employees offpr +1? size status of a bidder or industry not set forth in Schedule B of does not exceed 500 persons. sai.„er’ fhe number of employees, annual this part and its number of employees (e) Services. Any concern bidding on 0 j receiPts. or other applicable does not exceed 500 persons. a contract for services, not elsewhere de­ all 2?. bidder or offerer and (c) Nonmanufacturing. [Reserved] fined in this section, is classified as small thP c.,k .a®liates shall be included. In N o te: On April 5,1963, there was published if its average annual sales or receipts for GovoJ?111*88*011 °f a hid or proposal on a in the F ederal R egister (28 F.R. 3358) a its preceding 3 fiscal years do not exceed vemment procurement, a concern proposed new definition of a small business $1 million.

FEDERAL REGISTER, VOL. 31, NO. 138— TUESDAY, JULY 19, 1966 9726 RULES AND REGULATIONS (1) Any concern bidding on a contract (1) Manufacturers. Any c o n c e r n and can further qualify under the cri­ for engineering services or naval archi­ which is primarily engaged in manufac­ teria set forth below. A concern which tectural services is classified as small if turing is small if its number of employees is a small business under § 121.3-8 which its average annual sales or receipts for its does not exceed 500 persons: Provided, has applied for or received a Certificate preceding 3 fiscal years do not exceed $5 however, That a concern primarily en­ of Competency is a small business eligible million. gaged in SIC Industry 2911, petroleum for an SBA loan to finance the contract (2) Any concern bidding on a contract refining, is small if its number of em­ covered by the Certificate of Competency. for motion picture production or motion ployees does not exceed 1,000 persons If no standard for an industry, field of picture services is classified as small if and it does not have more than 30,000 operation, or activity has been set forth' its average annual sales or receipts for barrels-per-day crude-oil capacity from in this section, a concern seeking a size its preceding 3 fiscal years do not exceed owned or leased facilities. determination shall submit SBA Form $5 million. (2) Other than manufacturers. Any 355 to the Deputy Administrator for (3) Any concern bidding on a contract concern which is primarily not a manu­ Procurement and Management Assist­ for janitorial and custodial services is facturer (except as specified in subpara­ ance, Washington, D.C. 20416. classified as small if its average annual graph (3) of this paragraph) is small if If an applicant for an SBA loan is en­ sales or receipts for its preceding 3 fiscal its annual sales or annual receipts for gaged in the production of a number of years do not exceed $3 million. its preceding 3 fiscal years do not exceed products or the providing of a variety of (4) Any concern bidding on a contract $5 million. services or other activities which are for base maintenance is classified as (3) Stockpile purchasers. Any con­ classified into different industries, the small if its average annual sales or re­ cern primarily engaged in the purchase appropriate standard to be used is that ceipts for its preceding 3 fiscal years do of materials which are not domestic which has been established for the in­ not exceed $5 million. products is small if its average annual dustry in which it is primarily engaged. (f) Transportation. Any c o n c e r nsales or annual receipts for its preceding An applicant’s primary industry is that bidding on a contract for passenger or 3 fiscal years do not exceed $25 million. which produced the greatest percentage freight transportation, not elsewhere de­ (b) Sales of Government-owned tim­of gross sales or receipts for the past fined in this section, is classified: ber. (1) In connection with the sale of fiscal year. When computing the size (1) As small if its number of employ­ Government-owned timber a small busi­ status of an applicant, its affiliates’ num­ ees does not exceed 500 persons. ness is a concern that: ber of employees, annual sales or re­ (2) As small if it is bidding on a con­ , (i) Is primarily engaged in the log­ ceipts, or other applicable standards tract for air transportation and its num­ ging or forest products industry; shall be included. ber of employees does not exceed 1,000 (ii) Is independently owned and op­ (a) Construction. Any construction persons. erated; concern is small if its average annual (3) As small if it is bidding on a con­ (iii) Is not dominant in its field of op­ receipts do not exceed $5 million for the tract for trucking (local and long dis­ eration; and preceding 3 fiscal years. tance), warehousing, packing and crat­ (iv) Together with its affiliates, its (b) Manufacturing. Any manufac­ ing, and/or freight forwarding, and its number of employees does not exceed turing concern is classified: annual receipts do not exceed $3 million. 500 persons. (1) As small if its number of employ­ N ote: Under present SBA policy, no (2) In the case of Government sales ees does not exceed 250 persons; concern will be denied small business of timber reserved for or involving pref­ (2) As large if its number of employ­ status for the purpose of Government erential treatment of small businesses, ees exceeds 1,000 persons; procurement solely because of its con­ when the Government timber being pur­ (3) Either as small or large depend­ tractual relationship with a large inter­ chased is to be resold, a concern is a ing on its industry and in accordance state van line: Provided, That its annual small business when: with the employment size standards set receipts have not exceeded $3 million (i) It is a small business within the forth in-Schedule “A” of this part, if its "" during the concern’s most recently com­ meaning of subparagraph (1) of this number of employees exceeds 250 persons, pleted fiscal year: And provided further, paragraph, and but not more than 1,000 persons; No more than 50 percent of such annual (ii) It agrees that it will not sell more (4) As small if it is primarily engaged receipts are directly attributable to the than thirty percent (30%) of such tim­ in the food canning and preserving in­ applicant’s relationship with an inter­ ber to a concern which does not qualify dustry and its number of employees does state van line. When applying for a under subparagraph (1) of this para­ not exceed 500 persons exclusive of agri- small business size determination, the graph as a small business, unless an ex­ cultural labor as defined in subsection applicant, at the time of filing its appli­ emption is granted on sales of mixed (k) of the Federal Unemployment Tax cation, shall submit therewith documen­ Act, 68A Stat. 454, 26 U.S.C.

FEDERAL REGISTER, VOL. 31, NO. 138— TUESDAY, JULY 19, 1966 RULES AND REGULATIONS 9727 (2) As small if it is primarily engaged assistance solely because of its con­ Settlement Commission of the United In the hotel and motel industry and its tractual relationship with a large inter­ States and determinations of the size annual receipts do not exceed $2 million; state van line: Provided, That its annual status of a claimant shall be made by (3) As small if it is primarily engaged receipts have not exceeded $3 million the SBA Regional Director for the region in the power, laundry industry and its during the concern's most recently com­ in which the claimant resides, or, in the annual receipts do not exceed $2 million; pleted fiscal year. When applying for a case of claimants residing in foreign (4) As small if it is primarily engaged small business loan, the applicant, at the countries, by the SBA Regional Direc­ in the trailer cotirt and parks industry time of filing its application, shall submit tor at Washington, D.C. and its annual receipts do not exceed therewith documentary evidence show­ $100,000: Provided, That a minimum of ing the amount of its annual receipts § 121.3—14 Interpretations. fifty percent (50%) of the annual re­ attributable to its relationship with an (a) Section 121.3-2 (b) of Part 121, ceipts is derived from the rental of space interstate van line. “Annual Sales or Annual Receipts.” to tourist trailers for periods not in ex­ (g) Wholesale. Any wholesaling con­When computing annual sales or annual cess of thirty (30) days; cern is small if its annual sales do not receipts, intercompany transactions be­ (5) As small if it is primarily engaged exceed $5 million. Any wholesaling tween affiliated concerns are excluded. in owning and operating a hospital and concern also engaged in manuf acturing To include such intercompany transac­ its capacity does not exceed 100 beds is not a “small business concern” unless tions, in effect, would mean that the re­ (excluding cribs and bassinets); it so qualifies under both the manu­ ceipts of a concern, including its affiliates, (6) As small if it is primarily engaged facturing and wholesaling standards. would be counted more than once. in owning and operating a convalescent § 121.3—11 Definition of small business (b) Section 121.3-9(b) of Part 121 or nursing home and its annual receipts “Sales of Government-owned Timber.” do not exceed $1 million; for assistance by small business in­ vestment companies. Any concern which self-certifies as a (7) As small if it is primarily engaged small business concern for the purpose in owning and operating a medical or A small business concern for the pur­ of the sale of Government-owned timber dental laboratory and (i) it is operated pose of receiving financial or other as­ is expected to maintain sufficient docu­ in connection with an eligible proprietary sistance from small business investment mentary evidence to show that it did so hospital or (ii) it is not operated in con­ companies is a concern which: in good faith. This means that a con­ nection with an eligible proprietary hos­ (a) Together with its affiliates, is in­ cern which sells more than 30 percent pital and its annual receipts do not ex­ dependently owned and operated, is not (30%) of the purchased timber will have ceed $1 million; dominant in its field of operation, does to maintain the names and addresses of (8) As small if it is primarily engaged not have assets exceeding $5 million, does the concerns to whom the timber is sold in the motion picture production indus­ not have net worth in excess of $2% mil­ and the size status of such concerns, un­ try and its annual receipts do not exceed lion, and does not have an average net less an exemption has been granted on $5 million; income, after Federal income taxes, for sales of mixed stumpage of hardwood (9) As small if it is primarily engaged the preceding 2 years in excess of and softwood species. Further, if the in the motion picture services industry $250,000 (average net income to be com­ timber .purchased is not to be resold in and its annual receipts do not exceed $5 puted without benefit of any carryover the form of saw logs, but is to be manu­ million. loss); or factured into lumber and timber by a (e) Shopping centers. (1) Any con­ (b) Qualifies as a small business con­ concern other than the bidder, the cern primarily engaged in operating cern under § 121.3-10. bidder must maintain records to show shopping centers is small if (i) it does § 121.3—12 Definition of small business the name, address and size status of the not have assets exceeding $5 million, (ii) Government subcontractors. concern manufacturing the timber into it does not have net worth in excess of lumber or timbers. $2% million, (iii) it does not have an (a) Any concern in connection with average net income, after Federal income subcontracts of $2,500 or less which re­ Effective date. This revision shall be­ taxes, for the preceding 2 fiscal years in late to Government procurements, will be come effective upon publication in the excess of $250,000 (average net income considered a small business concern if, F ederal R egister. to be computed without benefit of any including its affiliates, its number of em­ carryover loss), and (iv) it does not ployees does not exceed 500 persons. Dated: July 6,1966. more than twenty-five percent (b) Any concern in connection with subcontracts exceeding $2,500 which re­ B ernard L. B outin, (25%) of the gross leasable area to con­ Administrator. cerns which do not meet the small busi- late to -Government procurements, will be considered a small business concern Schedule A—E mployment Size Standabds foe Con« ne^ definitions contained in this section. cebns P rimarily E ngaged in Manufactubing (2) For the purpose of size determina­ if it qualifies as such under § 121.3- 8 : Provided, however, Until a definition of (The following size standards are to be used when de­ tions, shopping center operators will not termining the size status of SBA business loan appli­ oe considered affiliated with their tenants a small business nonmanufacturer is cants, and as alternate standards for sections 501 and merely because of lease agreements. adopted under § 121.3-8 (c), a nonmanu­ 502 loans, and SBIC assistance) (f) Transportation and warehousing. facturer will be considered as small Concern primarily engaged in pas- business for the purpose of Government Census Employ­ subcontracting if, including its affiliates, classifi­ ment size *mger and freight transportation or cation Industry or class of products standard warehousing is classified: its number of employees does not exceed code (number of 500 persons. employees)* notexcA4d 1 f m i l h o n ; d° § 121.13 Definition of small business for receiving priority payment under Major group 23—Apparel and re­ in ^s.sina^ it is primarily engaged lated products _ __ 250 its«,,6 ^ transportation industry and section 213(a) of the War Claims Act Major group 28—Chemicals and l °f employees does not exceed of 1948, as amended. Allied Products: i.uoo persons; 2812 Alkalies and chlorine______1,000 (a) Small Business Claimant. A small 2979 Agricultural chemicals, n.e.c__ 500 in tvL sm all & it is prim arily en gaged 2873 Agricultural pesticides______500 business claimant for the purpose of re­ 2831 Biological products 250 morp ^^rage of grain, it does not have ceiving priority payment from the Sec­ 2895 Carbon, black______500 ownprt « ^ ^ ^ tio n bushels capacity in 2823 Cellulose man-made fibers 1,000 retary of the Treasury under section 213 2899 Chemicals and chemical prep- S ft * n^ leased facmties, and its an- (a) of the War Claims Act of 1948, as arations, n.e.c______250 do not exceed $1 million; 2814 Cyclic (coal tar) crudes______500 amended, is a concern which on the date 2815 Dyes, dye (cyclic) intermedi- in triiptS^maU It is Primarily engaged of loss, damage, or destruction was a ates, and organic pigments crating warehc>u^ng. packing and small business concern within the mean­ (lakes and toners) ___ 750 2892 Explosives______750 ¿ ¡S i ¡¡£ 2 ? freight forwarding and its ing of § 121.3-10 in effect on October 22, 2894 Fatty acids______600 jr repeipts do not exceed $3 million. 1962 (27 F.R. 9757). 2871 Fertilizers. 600 2872 Fertilizers, mixing only 500 concern SBA V°Uc*’ no (b) Request for size determination. 2891 Glue and gelatin...... 250 status ^ denled small business Requests for size determinations may 2861. Gum and wood chemicals____ 500 ^ for the purpose of SBA financial be received only from the Foreign Claims See footnotes at end of table.

FEDERAL REGISTER, VOL. 3 Í, NO. 138— TUESDAY, JULY 19, 1966 9728 RULES AND REGULATIONS

Rtttftittt f a—E mployment Size Standards for Con- Schedule A—-Employment Size Standards for Con- Schedule A—E mployment Size Standards for Con­ cerns P rimarily E ngaged in Manufacturing—Con. cerns P rimarily Engaged in M anufacturing—Con. cerns P rimarily E ngaged in Manufacturing—Cwy

Census Employ­ Census Employ­ Consns Employ­ ment size ment size classifi­ ment size classifi­ classifi­ cation Industry or class of products standard cation Industry or class of products standard cation Industry or class of products standard (number of code (number of code (number of code employees)1 employees)1 employees)1

Major Group 34—Fabricated Metal Major Group 20—Food and Major group 28—Chemicals and Products, Except Ordnance, Kindred Products—Oon. Allied Products—Continued Machinery, and Transporta­ 2042 Prepared feeds for animals and 2813 Industrial gases____ l —------1,000 fowls------250 Industrial inorganic chemicals, tion Equipment—Continued 2819 3452 Bolts, nuts, screws, rivets and 2044 Bice milling..—____ :....____ 250 n.e.c______—— ------—— 750 500 Sausage and other prepared Industrial organic chemicals, washers_____ 2013 2818 3479 Coating, engraving, and allied meat products.______500 n.e.c— —_____ :------1,000 250 2096 Shortening, table oils, marga­ Inorganic pigments—...... — 1,000 services, n.e.c.______2816 3496 Collapsible tubes------250 rine and other edible fats and 2833 Medicinal chemicals and bo­ 500 oils, n.e.c...... 750 tanical products..______750 3421 Cutlery______—------—• 3471 Electroplating, plating, polish­ 2092 Soybean oil mills______—y 500 2851 Paints, varnishes, lacquers, ing, anodizing and coloring... 250 2025 Special dairy products______250 and enamels...—..------250 3431 Enameled iron and metal 2093 Vegetable oil mills, except cot­ 2844 Perfumes, cosmetics and other 750 tonseed and soybean...... 1,000 toilet preparations___ z ------500 sanitary ware------— 3499 Fabricated metal products, 2046 Wet bom milling______— 750 2834 Pharmaceutical preparations— 750 250 Wines, brandy, and brandy Plastics materials, synthetic n .e .c...------2084 2821 3498 Fabricated pipe and fabricated - spirits____ ;------250 resins, and nonvulcanizable pipe fittings— ...... —— 250 Major Group 25—Furniture and elastomers______760 3443 Fabricated plate work (boiler Fixtures: 2893 Printing ink------250 shops)______250 2599 Furniture and fixtures, n.e.c... 250 2852 Putty, calking compounds, Fabricated structural steel..... 250 2519 Household furniture, n.e.c------250 and allied products------250 3441 3423 Hand and edge tools, except 2515 Mattresses and bedsprings------250 2841 Soap and other detergents, ex­ machine tools and hand saws 250 2514 Metal household furniture...... 250 cept specialty cleaners—. — . 760 3425 Hand saws and saw blades----- 250 2522 Metal office furniture______500 2842 Speciality cleaning, polishing, 250 Metal partitions, shelving, and sanitation preparations, 3429 Hardware, n.e.c------2542 3433 Heating equipment, except lockers and office and store except soap and detergents—. 500 electric______—------500 fixtures______250 2843 Surface active agents, finishing 3411 Metdl c a n s...... — ------1,000 2531 Public building and related agents, sulfonated oils and 3442 Metal doors, sash, frames, furniture____— ...... —----- 250 250 molding, and trim------250 2591 Venetian blinds and shades---- 250 2824 Synthetic organic fibers, except 500 2511 Wood household furniture, ex­ 1,000 3497 Metal foil and leaf------cellulosic------3491 Metal shipping barrels, drums, cept upholstered— ...... 250 2822 Synthetic rubber (vulcanizable kegs and pails— ;------500 2512 Wood household furniture, up­ elastomers)______-______1,000 3461 Metal stampings...... 250 holstered...... 250 Major Group 36—Electrical Ma­ 3481 Miscellaneous fabricated wire 2521 Wood office furniture______250 chinery, Equipment and products——— ------250 2541 Wood partitions, shelving, Supplies: 3432 Plumbing fixture fittings and lockers, and office and store 3624 Carbon and graphite products. 750 500 fixtures. .. ______250 , 750 trim (brass goods)------3672 Cathode ray picture tubes----- 3492 Safes and vaults------500 Major Group 31—Leather and 3643 Current-carrying wiring de­ 3451 Screw machine products------250 Leather Products: vices.------500 250 Boot and shoe cut stock and 750 3444 Sheet metal w ork..------3131 250 3634 Electric housewares and fans— 3493 Steel springs...... — 500 findings______—- 3641 Electric lamps------1,000 Valves and pipe fittings, ex­ 3141 Footwear, except house slip­ Electric measuring instru­ 3494 pers and rubber footwear. 500 3611 cept plumbers’ brass goods.. 500 250 ments and test equipment— 600 Major Group 20—Food and 3142 House slippers____ ...— 3619 Electric transmission and dis­ 3121 Industrial leather belting and 500 Kindred Products: 250 tribution equipment, n.e.c.. 2095 Animal and marine fats and packing______3694 Electrical equipment for inter­ oils, except grease and tallow. 250 3151 Leather dress, semidress, and nal combustion engines------750 250 2063 Beet sugar------...—... 750 work gloves------250 3629 Electrical industrial apparatus, Biscuit, crackers, and pretzels. 750 3199 Leather goods, n.e.c-----—— 500 2052 Leather tanning and finishing 250 n.e.c____ ——------2045 Blended and prepared flour . 500 3111 250 3699 Electrical machinery, equip­ Bottled and canned soft drinks 3161 Luggage...... - ...... j 500 2086 ment and supplies, n.e.c----- and carbonated waters------250 3172 Personal leather goods, except 250 3679 Electronic components and 2051 Bread and other bakery prod­ handbags and purses 250 accessories, n.e.c------500 ucts, except biscuit, crackers 3171 Women’s handbags and purses 3639 Household appliances, n.e.c— 500 and pretzels— — — 250 Major Group 24—Lumber and Household cooking equipment 75 250 3631 2071 Candy and other confectionery Products, Except Furniture. 3633 Household laundry equipment 1,00 products------— 250 Major Group 35—Machinery, Ex­ 3632 Household refrigerators and 2061 Cane sugar, except refining only. 250 cept Electrical: home and farm freezers----- 1,000 2062 Cane sugar refining------— 750 35Ô1 Automatic merchandising ma­ 250 3635 Household vacuum cleaners.. 750 250 chines__y—------750 2031 Canned and cured sea foods 750 3622 Industrial controls------2033 Canned fruits, vegetables, pre­ 3562 Ball and roller bearings 3642 Lighting fixtures------250 serves, jams and jellies— — 600 3564 Blowers, exhaust and ventila­ 250 3621 Motors and generators...... — 1, 000. 2032 Canned specialities------1,000 ting fans------3644 Noncurrent-carrying wiring 2043 Cereal preparations------1,000 3582 Commercial laundry, dry clean­ 260 devices------500 500 ing, and pressing machines— 750 2073 Chewing gum— ————— 3652 Phonograph records------2072 Chocolate and cocoa products 500 3571 Computing and accounting ma­ 3612 Power, distribution and spe­ Condensed and evaporated chines, including cash regis­ 1,000 cialty transformers...... 750 2023 500 ters------1,000 milk______—------3692 Primary batteries, dry and wet 2091 Cottonseed oil mills------250 3531 Construction machinery ana 750 3651 Badio and television receiving Creamery butter------250 equipment______2021 Conveyors and conveying sets, except communication 2085 Distilled, rectified, and 3535 250 ty pes.....— —-—...... ----- 750 blended liquors.------750 equipment______----- 3671 Badio and television receiving 2034 Dried and dehydrated fruits 3634 Elevators and moving stair­ 500 type electron tubes, except and vegetables------500 ways------—— — cathode ray—------1,000 2087 Flavoring extracts and flavor­ 3522 Farm machinery and equip 500 3662 Badio and television trans­ ing sirups, n.e.c.—------500 rnfintJgip!. 250 mitting—signaling, and de­ 2041 Flour and other grain mill 3551 Food products machinery------tection equipment, and products------■— 500 3569 General industrial machinery 250 apparatus------750 500 and equipment, n.en. -— -- 2026 Fluid milk------Hoists, industrial cranes, ana 3693 Badiographic X-ray, Fluoro­ 2099 Food preparations, n.e.c....— 250 3536 500 scopic X-ray, therapeutic 20991 Desserts (ready-to-mix)-----— 500 monorail systems. 250 ray, and other X-ray apparatus 20994 Baking powder and yeast---- 500 3565 Industrial patterns------and tubes------500 250 3567 Industrial process furnaces ana 250 750 2036 Fresh or frozen packaged fish 3636 Sewing machines------2037 Frozen fruits, fruit juices, vege ovens------3691 Storage batteries______600 tables, and specialities... 500 3537 Industrial trucks, tractors, trail­ 250 3613 Switchgear and switchboard 250 ers, and stackers,------—— 2094 Grease and tallow:..------—. Internal combustion engines, apparatus------750 2024 Ice cream and frozen desserts.. 600 3519 1,000 3661 Telephone and telegraph 2098 Macaroni, spaghetti, vermi­ n.e.c______~â ~V apparatus------1,000 celli, and noodles------250 3591 Machine shops, jobbing ana re- 250 3673 Transmitting, industrial, and 2083 Malt__------250 L/CfcU------special purpose electron 500 3545 Manhine tool accessories ana 250 750 2082 Malt liquors------tubes______2097 Manufactured ice...... 250 measuring devices— ------500 3623 Welding apparatus------250 600 35452 Precision-measuring tools——- 2011 Meat packing plants------— Marhinn tools, metal cutting 500 Major Group 34—Fabricated 2022 Natural cheese------250 3541 Metal Products, Except 2035 Pickled fruits and vegetables; Ordnance, Machinery, and vegetable sauces and season­ 3542 Machine’"tools, metal forming 500 Transportation Equipment: 250 types______250 ings; salad dressings...... Machinery and parts, except 250 3449 Architectural and miscel­ 2015 Poultry and small game dress 3599 laneous metal work___ 250 ing and packing, wholesale.. 250 electrical, n.e.c— ...... See footnotes at end of table.

FEDERAL REGISTER, VOL. 31, NO. 138— TUESDAY, JULY 19, 1966 RULES AND REGULATIONS 9729

Schedule A—E mployment Size Standards for Con­ Schedule A—E mployment Size Standards for Con­ Schedule A—E mployment Size Standards for Con­ cerns P rimarily E ngaged in M anufacturing—Cod. cerns P rimarily Engaged in M anufacturing—Con. cerns P rimarily E ngaged in M anufacturing—Con.

Census Employ­ Census Employ­ Census Employ­ classifi­ ment size classifi­ ment size, classifi­ ment size cation Industry or class of products standard cation Industry or class of products standard cation Industry or elass of products standard code (number of code (number of code (number of employees)1 employees)1 employees)1

Major Group 35—Machinery, Major Group 26—Paper and Major Group 38—Professional, Except Electrical—Don. Allied Products: Scientific and Controlling 3586 Measuring and dispensing 2643 Bags, except textile bags...... 506 Instruments: Photographic pumps______500 2661 Building paper and building and Optical Goods : 3566 Mechanical power transmis­ Watches and Clocks— sion equipment, except ball board mills...... 750 and roller bearings. ______2649 Converted paper and paper- Continued 500 board products, n.e.c__l____ 500 3861 Photographic equipment and 3548 Metalworking machinery, 2653 Corrugated and solid fiber except machine tools______500 supplies______500 3532 Mining machinery and equip­ boxes______250 3841 Surgical and medical instru- 2645 Die cut paper and paper- ments and apparatus______250 ment, except oil field ma­ board; and cardboard______250 3872 chinery and equipment____ 600 250 3579 Office machines, n.e.c. _._____ 2642 Envelopes______250 3871 Watches, clocks, and parts ex- 500 2655 Fiber cans, tubes, drums, and cept watchcases...... 500 3533 Oil field machinery an equip­ similar products______250 ment______500 Major Group 30—Rubber and 3554 2651 Folding paperboard boxes____ 250 Miscellaneous Plastics Prod- Paper industries machinery__ 250 2641 Paper coating and glazing____ 500 ucts: 3555 Printing trades machinery 2621 Paper mills, except building 3069 and equipment______500 Fabricated rubber products, 3561 Pumps, air and gas compres­ paper mills______750 500 2631 Paperboard mills------750 3079 Miscellaneous plastics products. 250 sors, and pumping equip­ Pressed and molded pulp 3031 ment______... _____ 500 2646 Reclaimed rubber______750 3585 Refrigerators; refrigeration goods______750 3021 2611 Pulp mills...... 750 3011 L 000 machinery, except house­ 2654 Sanitary food containers______750 Major Group 32—Stone, Clay, hold; and complete air con­ 2652 Set-up paperboard boxes_____ ditioning units___ .______750 250 and Glass Products: 3576 Scales and balances, except 2644 Wallpaper______250 3291 250 laboratory_____. ______Major Group 29—Petroleum Re- 3292 Asbestos products______... 750 250 fining and Related Industries: 3251 Brick and structural clay tile__ 250 3589 Service industry machines, 299Í Asphalt felts and coatings____ 3241 n.e.c.-.— . ______250 750 750 3544 Special dies and tools, die sets, 2992 Lubricating oils and greases___ 500 3253 Ceramic wall and floor tile____ 500 jigs and fixtures______2951 Paving mixtures and blocks__ 250 3255 Clay refractories______250 250 2911 Petroleum refining 2______1,000 3271 250 3559 Special industry machinery, Products of petroleum and n . e . c . ______250 2999 3272 Concrete products, except 3511 Steam engines; steam, gas and coal, n.e.c------250 250 hydraulic turbines; and Major Group 33—Primary 3281 Cut stone and stone products.. 250 Metal Industries: 3263 Fine earthenware (whiteware) steam, gas, and hydraulic 3361 Aluminum castings______250 turbine generator set u nits... 1,000 table and kitchen articles___ 600 3552 3312 Blast furnaces (including coke 3211 Flat glass...... 1,000 Textile machinery______250 ovens), steel works, and 3221 3572 Typewriters...... 1,000 Glass containers...... '750 3584 rolling mills______1,000 3231 Glass products, made of pur- Vacuum cleaners, industrial__ 250 3362 Brass, bronze, copper, copper 3553 Woodworking machinery____ 250 chased g la ss..______250 Major Group 39—Miscellaneous base alloy castings______250 3275 3316 Cold rolled sheet, strip and 3274 Time _ '500 Manufacturing Industries: bars------3981 Brooms and brushes______250 1,000 3296 Mineral wool...... 750 3963 3357 Drawing and insulating of 3295 Minerals and earths, ground or Buttons______250 non ferrous wire______1,000 3984 Candles...... 250 otherwise treated-______250 3955 3313 Electrometallurgical products.. 750 3297 Nonclay refractories______■ 750 Carbon paper and inked 3321 Gray iron foundries______ribbons______250 500 3299 Nonmetallic mineral products, 3943 3391 Iron and steel forgings______500 Children’s vehicles, except 3322 Malleable iron foundries_____ 3264 bicycles______250 500 Porcelain electrical supplies___ 500 3961 Costume jewelry and cos­ 3369 Nonferrous castings, n.e.c____ 250 3269 250 tume novelties, except 3392 Nonferrous forgings______250 3229 Pressed and blowu glass and 3399 Primary metal industries, glassware, n.e.c______750 preeious metal______250 n.e.c...... 3942 Dolls...... 250 750 3273 250 3962 Feathers, plumes, and arti­ 3334 Primary production of alumi- 3293 Steam and other packing, and nnm 1,000 pipe and boiler covering____ 500 ficial flowers______250 3331 Primary smelting and refining 3992 Furs, dressed and d y ed ..____ 250 3259 Structural clay products, n.e.c. 250 3941 Games and toys, except dolls of copper...... 1,000 3261 Vitreous china plumbing fix- 3332 Primary smelting and refining tures and china and earth- and children’s vehicles_____ 250 of lead______3912 Jewelers’ findings and material. 250 1,000 enware fittings and bath- 3911 3339 Primary smelting and refining room accessories...... 750 Jewelry, precious metal______250 of nonferrous metals, n.e.c__ 3987 Lamp shades...... ^______250 750 3262 Vitreous china table and 3913 Lapidary work and cutting 3333 Primary smelting and refining kitchen articles______500 and polishing diamonds____ of zinc______750 Major Group 22—Textile Mill 3952 250 3352 Rolling, drawing, and extrud- Products: Lead pencils, crayons, and ing of aluminum______artists’ materials______250 750 2295 Artificial leather, oilcloth, and 3982 Linoleum, asphalted-felt base, 3351 Rolling, drawing, and extrud- other impregnated and ing of copper______750 coated fabrics except rubber- and other hard surface floor 3356 Rolling, drawing, and extrud- coverings, n.e.c__. . . ______750 ized...... 250 Manufacturing industries ing of nonferrous metals, ex- 2211 Broad woven fabric mills, cot- cept copper and aluminum... 750 to n .. . . . ______1,000 n.e.c...... 250 3341 Secondary smelting, refining, 3953 Marking devices______250 2221 Broad woven fabric mills, 3983 Matches______•______and alloying of nonferrous man-made fiber and silk____ 500 600 metals and alloys...... 250 2231 Broad woven fabric mills, Morticians’ goods___;___...I.. 250 3323 Steel foundries______3931 Musical instruments and parts. 500 500 wool: including dyeing and 3964 Needles, pins, hooks and eyes, 3317 Steel pipe and tubes______1,000 and similar notions______3315 Steel Wire drawing and steel 2279 Carpets, rugs, and mats, n.e.c.. 500 3951 Pens, pen points, fountain nails and spikes______1,000 2298 250 Major Group 27—Printing and 2269 Dyeing and finishing textiles, pens, ball point pens, Publishing Industries______mechanical pencils and parts. 500 250 n.e.c______250 3993 Signs and advertising dis­ Major Group 38—Professional, 2291 Felt goods, except woven felts plays...... 250 Scientific and Controlling and hats______250 3914 Silverware and plated w are.— 500 Instruments: Photographic . 2261 Finishers of broad woven 3949 Sporting and athletic goods, and Optical Goods: Watches fabrics of cotton.. 500 n.e.c______*______and Clocks: 2262 Finishers of broad woven 250 3822 3995 . Umbrellas, parasols, and canes. 250 Automatic temperature con- fabrics of man-made fiber Major Group 19—Ordnance and trols. ______500 Accessories: 3843 Dental equipment and suDDlies. 250 2251 Full fashioned hosiery mills___ 250 1922 Ammunition loading and as­ 3811 Engineering, laboratory, and 2256 Knit fabric mills 250 sembling...... 250 scientific "and research in- 2253 Knit outerwear mills 250 1929 struments and associated 2254 Knit underwear mills_____ 250 1921 Ammunition, n.e.c______I___ 250 Artillery ammunition______250 equipment______500 2259 Knitting mills, n.e.c______1911 Guns, howitzers, mortars, and 3821 Mechanical measuring and 2292 Lace goods______250 related equipment______controlling instruments, ex- 2241 Narrow fabrics and other 1999 250 cept automatic temperature small-wares mills: cotton, Ordnance and accessories, controls...______n.e.c.___...... 250 500 wool, silk, and man-made 1941 Sighting and fire control 3851 Opthalmic goods______250 fiber______250 equipment. ______. . . 3831 Optical instruments and lenses. 250 2293 Paddings and upholstery fill- 1951 250 3842 Orthopedic, prosthetic, and ing------Small arms____ 1,000 250 1961 Small arms ammunition".’.” ” ” surgical appliances and sup- 2294 Processed waste and recovered 1931 1,000 p lies...... fibers and flock. l auks and takn components__ 1,000 250 250 See footnotes at end of table.

No. 138- FEDERAL REGISTER, VOL. 31, NO. 138— TUESDAY, JULY 19, 1966 9730 RULES AND REGULATIONS

Schedule A—E mployment Size Standards for Con­ Schedule B—Industry E mployment Size Standard Schedule B—Industry E mployment Size Standard cerns P rimarily E noaoed in Manufacturing—Con. for the P urpose of Government P rocure­ for the P urpose of Government P rocure­ ment—Continued ment—Continued Census Employ­ manufacturing—Continued manufacturing—Continued classifi­ ment size cation Industry or class of products standard code (number of Employ­ Census Employ­ employees)1 Census ment size classifi­ Industry ment size classifi­ standard - cation standard cation Industry (number of code (number of Major Group 22—Textile Mill code employees)* employees)* Products—Continued 2252 Seamless hosiery mills______250 2299 Textile goods, n.e.c______-___ 250 Major Group 20—Pood and Major Group 33—Primary 2284 Thread m ills...______500 Kindred Products—Oon. Metal Industries—Con. 2296 Tire cord and fabric______1,000 2096 Shortening, table oils, mar­ 3332 Primary smelting and refining 2272 Tufted carpets and rugs______500 garine and other edible fats of lead______1,000 2297 Wool scouring, worsted comb­ and oils, n.e.c______750 3333 Primary smelting and refining ing and tow to top mills____ 250 Major Group 21—Tobacco of zinc______750 2271 Woven carpets and rugs..------750 Manufactures: 3334 Primary production of alumi­ 2283 Yarn mills, wool, including 2111 Cigarettes...... __...... 1,000 num ______1,000 carpet and rug yarn______250 Major Group 22—Textile Mill 3339 Primary smelting and refining 2281 Yarn spinning mills, cotton, Products: of nonferrous metals, n.e.c__ 750 man-made fibers and silk___ 500 2211 Broad woven fabftc mills, 3351 Rolling, drawing, and ex­ 2282 Yarn throwing, twisting, and cotton______1,000 truding of copper______750 winding mills, cotton, man­ 2261 Finishers of broad woven 3352 Rolling, drawing, and ex­ made fibers and silk______250 fabrics of cotton...... 1,000 truding of aluminum.._____ 750 Major Group 21—Tobacco 2271 Woven carpets and ru g s...... 750 3356 Rolling, drawing, and ex­ Manufacturers: 2295 Artificial leather, oilcloth, and truding of nonferrous metals, 2111 Cigarettes______1,000 other impregnated and except copper and aluminum. 750 2121 Cigars...... -I...... 500 coated fabrics, except rub­ 3357 Drawing and insulating of 2131 Tobacco (chewing and smok­ berized...... ______2 1,000 nonferrous wire______1,000 ing) and snuff------500 2296 Tire cord and fabric...... 1,000 3399 Primary metal industries, 2141 • Tobacco stemming and re­ Major Group 26—Paper and n.e.c.______750 drying...... 500 Allied Products: Major Group 34—Fabricated Major Group 37—Transporta­ 2611 Pulp mills.______750 Metal Products, Except tion Equipment: 2621 Paper mills, except building Ordnance, Machinery, and 3721 Aircraft...______.... 1,000 paper mills______750 Transportation Equipment: 3722 Aircraft engines and engine 2631 Paperboard mills______750 3411 Metal cans______1,000 parts.------1,000 2646 Pressed and molded pulp goods. 750 3431 Enameled iron and metal sani­ 3729 Aircraft parts and auxiliary 2654 Sanitary food containers...... 750 tary ware______750 equipment, n.e.c...... 1,000 2661 Building paper and building Major Group 35—Machinery, 3723 Aircraft propellers and board m ills...... 750 Except Electrical: propeller parts______1,000 Major Group 28—Chemicals and 3511 Steam engines; steam, gas and 3732 Boat building and repairing— 250 Allied Products: hydraulic turbines; and 3741 Locomotives and parts______1,000 2812 Alkalies and chlorine______1,000 steam, gas and hydraulic 3717 Motor vehicles and parts *____ 1,000 2813 Industrial gases_____ ... ------1,600 turbine generated set units... 1,000 3751 Motorcycles, bicycles, and 2815 Dyes, dye (cyclic) intermedi­ 3519 'internal combustion engines, parts...... 500 ates and organic pigments n .e.c.-.______1,000 3742 Railroad and street cars______750 (lakes and toners)...... 750 3531 Construction machinery and 3731 Ship building and repairing___ 1,000 2816 Inorganic pigments...... 1,000 equipment...... 750 3791 Trailer coaches------250 2818 Industrial organic chemicals, 3562 Ball and roller bearings------750 3799 Transportation equipment, n.e.c______1,000 3571 Computing and accounting n.e.c...... ______250 2819 Industrial inorganic chemicals, machines, including cash 3713 Truck and bus bodies______250 n.e.c______750 registers..______1,000 3715 Truck trailers______;....— 500 2821 Plastics materials, synthetic 3572 Typewriters______. . . . . ----- 1,000 resins, and nonvulcanizable 3585 Refrigerators; refrigeration elastomers______750 machinery, except house­ 1 The “number of employees” means the average 2822 Synthetic rubber (vulcanizable hold; and complete air employment of any concern and its affiliates based on elastomers)...... 1,000 conditioning units______— 750 the number of persons employed during the pay period 2823 Cellulose man-made fibers___ _ 1,000 Major Group 36—Electrical ending nearest the last day of the third month in each 2824 Synthetic organic fibers, ex­ Machinery, Equipment and calendar quarter for the preceding four quarters. cept cellulosic.______1,000 Supplies: 2 Together with its affiliates does not employ more 2833 Medicinal chemicals and 3612 Power, distribution, and than 1,000 persons and does not have more than 30,000 botanical products______\\ 750 specialty transformers__ .... 750 Pharmaceutical preparations... 3613 Switchgear and switchboard barrels-per-day capacity from owned and leased facilities. 2834 750 750 » The three Standard Industrial Classification indus- 2841 Soap and other detergents, ex­ apparatus------.£------3621 Motors and generators— ------1,000 tries (3711, 3712, and 3714) have been combined because cept specialty cleaners______750 750 of a major problem of defining the reporting unit in 2892 Explosives______750 3622 Industrial controls.. ------3624 Carbon and graphite products.. 750 terms of these industries. This difficulty arises from Major Group 29—Petroleum 750 the fact that many large establishments have integrated Refining and Related 3631 Household cooking equipment.. operations which include the production of parts or Industries: 3632 Household refrigerators and Petroleum refining *...... 1,000 home and farm freezers....—- 1,000 bodies and the assembly of complete vehicles at the 2911 1,000 same location. 2952 Asphalt felts and coatings...... 750 3633 Household laundry equipment. Major Group 30—Rubber and 3634 Electric housewares and fans... 750 Schedule B—Industry E mployment Size Standards Miscellaneous Plastics 3635 Household vacuum cleaners---- 750 for the P urpose of Government P rocurement Products- 3636 Sewing machines------* 750 MANUFACTURING 3011 Tires and inner tubes______1,000 3641 Electric lamps------1,000 3021 Rubber footwear___. . . ______1,000 3651 Radio and television receiving 3031 Reclaimed rubber....'______750 sets, except communication 750 Census Employ- Major Group 32—Stone, Clay, types...... ----- 750 classili- Industry ment size and Glass Products: 3652 Phonograph records------cation standard 3211 Flat glass______1,000 3661 Telephone and telegraph code (number of 3221 Glass containers...... 750 apparatus------1,000 employees)* 3229 Pressed and blown glass and 3662 Radio and television trans­ glassware, n.e.c______750 mitting, signaling, and 3241 Cement, hydraulic______750 detection equipment and 750 Major Group 19—Ordnance and 3261 Vitreous china plumbing fix­ apparatus------Accessories: tures and china and earthen­ 3671 Radio and television receiving 1925 Guided missiles and space ware fittings and bathroom type electron tubes, except 1,000 vehicles, completely assem- accessories______750 cathode ray------750 bled...... 1,000 3275 Gypsum products______1,000 3672 Cathode ray picture tubes...... - 1931 Tanks and tank components... 1,000 3292 Asbestos products..______750 3673 Transmitting, industrial, and 750 1951 1,000 3296 Mineral wool______750 special purpose electron tubes 1961 Small arms ammunition...... i;ooo 3297 Nonclay refractories______750 3692 Primary batteries, dry and 1,000 Major Group 20—Food and Major Group 33—Primary wet______Kindred Products: Metal Industries: 3694 Electrical equipment for in­ 750 2026 Fluid milk...... 750 3312 Blast furnaces (including coke ternal combustion engines— 2032 Canned specialities______1,000 ovens), steel works, and Major Group 37-^Transportation 2043 Cereal preparations______1,000 rolling mills______1,000 Equipment: 1,000 2046 750 3313 Electrometallurgical products.. 750 3717 Motor vehicles and partss------1,000 2052 Biscuit, crackers, and pretzels.. 750 3315 Steel wire drawing and steel 3721 Aircraft *______2062 750 nails and spikes______1,000 3722 Aircraft engines and engine 1,000 2063 Beet sugar...... 750 3316 Cold rolled sheet, strip and parts *...... -r— 2085 Distilled, rectified, and and b a r s . ______..... ------1,000 3723 Aircraft propellers and propel­ 1,000 blended liquors______750 3317 Steel pipe and tubes______1,000 ler parts______2093 Vegetable oil mills, except 3331 Primary smelting and refining 3729 Aircraft parts and auxiliary 1,000 1,000 of copper...... 1,000 equipment, n.e.c.*------See footnotes at end of table.

FEDERAL REGISTER, VOL. 31, NO. 138— TUESDAY, JULY 19, 1966 RULES AND REGULATIONS 9731

Schedule B—I ndustry E mployment Size Standard vided such checks or money orders are ever, if an application has been sub­ fob the P urpose o r G overnment P rocure­ ment—Continued collectible in U.S. currency at pai\ and mitted by a person desiring to tender manufacturing—Continued subject to the further provisions con­ personal checks for such taxes and the tained in this section. District directors application has been approved by the Census Employ­ may accept such checks or money orders district director, the district director classifi­ ment size in payment for internal revenue stamps may accept such personal checks as are cation Industry standard described in subparagraph (1) (i) of this code (number of to the extent and under the conditions employees)1 prescribed in subparagraph (2) of this paragraph. The application shall be paragraph. A check or money order in made to the district director and shall Major Group 37—Transporta­ payment for internal revenue taxes or contain the'applicant’s name, address, tion Equipment—Con. internal revenue stamps should be made firm name (if any), such financial in­ 3731 Shipbuilding and repairing... 1,000 3741 Locomotives and parts_____ 1,000 payable to the Internal Revenue Service. formation as will enable the district di­ 3742 Railroad and street cars____ 750 A check or money order is payable at par rector to determine the amount of the Major Group 39—Miscellaneous Manufacturing Industries: only if the full amount thereof is payable credit to be extended to the applicant, ■ 3982 Linoleum, asphalted-felt-base, without any deduction for exchange or and the approximate value of stamps to and other hard surface floor other charges. As used in this section, be purchased during the period fixed by coverings, n.e.c. ______750 the term “money order” means: (a) the district director. The district direc­ U.S. postal, bank, express, or telegraph tor is authorized to approve or disap­ * The “number of employees” means the average employment of any concern and its affiliates based on money order; (b) money order issued by prove such application and, if the appli­ the number of persons employed during the pay period a domestic building and loan association cation is approved, to fix the maximum ending nearest the last day of the third month in each calendar quarter for the preceding four quarters. (as defined in section 7701(a) (19)) or by amount of the value of the documentary 8 Together with its affiliates does not employ more a similar association incorporated under stamps for which personal checks will be than 1,000 persons and does not, have more than 30,000 barrels-per-day capacity from owned and leased facil­ the laws of a possession of the United accepted and to prescribe such other ities. States; (c) a money order issued by such limitations and conditions as he deems 8 The three Standard Industrial Classification indus­ other organization as the Commissioner appropriate. The district director may, tries (3711, 3712, and 3714) have been combined because of a major problem of defining the reporting unit in terms may designate; and (d) a money order for good cause, discontinue at any time of these industries^ This difficulty arises from the fact described in subdivision (ii) of this sub- the acceptance of personal checks under that many large establishments have integrated opera­ tions which include the production of parts or bodies paragraph in cases therein described. the provisions of this subdivision. and the assembly of complete vehicles at the same However, the district director may refuse (3) Payment of tax on distilled spirits, location. 8 Includes maintenance as defined in the Federal to accept any personal check whenever wine, beer, cigars, or cigarettes; proprie­ Aviation Regulations (14 CFR 1.1) but excludes con­ he has good reason to believe that such tor in default. Where a check or money tracts solely for preventive maintenance as defined in 14 CFR l.l as defined in the Federal Aviation Regula­ check will not be honored upon present­ order tendered in payment for taxes on tions: ment. distilled spirits, wines, beer, or rectified “ ‘Maintenance’ means inspection, overhaul, repair, preservation, and the replacement of parts, but excludes (ii) An American citizen residing in a products (imposed under chapter 51 of preventive maintenance. country with which the United States the Code), or cigars or cigarettes (im­ “ ‘Preventive maintenance’ means simple or minor preservation operations and the replacement of small maintains direct exchange of money or­ posed under chapter 52 of the Code) is standard parts not involving complex assembly opera­ ders on a domestic basis may pay his tax not paid on presentment, or where a tax­ tions.” by postal money order of such country. payer is otherwise in default in payment 4 Guided missile engines and engine parts are classified in SIC 3722. Missile control systems are classified in For a list of such countries, see section of such taxes, any remittance for such SIC 3662. 171.27 of the Postal Manual of the United taxes made during the period of such [F.R. Doc. 66-7709; Filed, July 18, 1966; States. default, and until the Assistant Regional 8:45 a.m.] (iii) If one check or money order is Commissioner (Alcohol and Tobacco remitted to cover two or more persons’ Tax) finds that the revenue will not be taxes, the remittance should be accom­ jeopardized by the acceptance of per­ Title 26— INTERNAL REVENUE panied by a letter of transmittal clearly sonal checks (if acceptable to the district director under subparagraph (1) of this Chapter I— Internal Revenue Service, identifying— paragraph), shall be in cash, or shall Department of the Treasury (a) Each person whose tax is to be be in the form of a certified, cashier’s, paid by the remittance; or treasurer’s check, drawn on any bank SUBCHAPTER F— PROCEDURE AND (b) The amount of the payment on or trust company incorporated under the ADMINISTRATION account of each such person; and laws of the United States, or under the [T.D. 6890] (c) The kind of tax paid. laws of any State, Territory, or posses­ PART 301— PROCEDURE AND (2) Payment for internal revenuesion of the United States, or a money order as described in subparagraph (1) ADMINISTRATION stamps—(i) In general. The district director may accept checks and money of this paragraph. Payment by Check or Money Order orders described in subparagraph (1) of * * * * * In order to conform the Regulations this paragraph in payment for internal Because this Treasury decision merely on Procedure and Administration (26 revenue stamps other than stamps for makes certain conforming and clerical CFR Part 301) under section 6311 of the taxes imposed under chapter 34 of the amendments, it is found that it is un­ Internal Revenue Code of 1954, relating Code (relating to documentary stamps). necessary to issue this Treasury decision However, the district director may refuse with notice and public procedure there­ to payment by check or money order, to to accept any personal check whenever regulations under sections 5061 and 5703 on under section 4(a) of the Administra­ the Internal Revenue Code of 1954, he has good reason to believe that such tive Procedure Act, approved June 11, and to make certain clerical changes, check will not be honored upon present­ 1946, or subject to the effective date limi­ ment. For special provisions relating to tation of section 4(c) of that Act. such regulations are amended as follows; documentary stamps, see subdivision Paragraph (a) of § 301.6311-1 is (ii) of this subparagraph. (Sec. 7805 of the Internal Revenue Code of amended to read as follows: (ii) Documentary stamps. The dis­ 1954; 68A Stat. 917; 26 U.S.C. 7805) § 301.6311—1 Payment by check or trict director may accept in payment for [seal] Sheldon S. Cohen, money order. taxes imposed under chapter 34 of the Commissioner of Internal Revenue. (a) Authority to receive—(1) In gen- Code (relating to documentary stamps) f , M District directors may accept certified, cashiers’ or treasurers’ checks Approved: July 11,1966. necks drawn on any bank or trust com- drawn on any bank or trust company in­ TTnif “1®orP°rated under the laws of the corporated under the laws of the United S tanley S. S urrey, States or under the laws of any State, Assistant Secretary of the stat or under the laws of any Treasury. Unit’/i t territo*y» or possession of the Territory, or possession of the United ^ States, or money orders in pay- States or money orders described in sub- [F.R. Doc. 66-7729; Filed, July 18, 1966; nt ior internal revenue taxes, pro­ paragraph (1) of this paragraph. How­ 8:45 a.m.]

FEDERAL REGISTER, VOL. 31, NO. 138— TUESDAY, JULY 19, 1966 9732 RULES AND REGULATIONS Title 14— AERONAUTICS AND SPACE Chapter I— Federal Aviation Agency SUBCHAPTER F— AIR TRAFFIC AND GENERAL OPERATING RULES [Reg. Docket No. 7474; Amdt. 492] pa r t 97— STANDARD INSTRUMENT APPROACH PROCEDURES Miscellaneous Amendments The amendments to the standard 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 repub­ lished 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 CFR Part 97) is amended as follows: 1. By amending the following automatic direction finding procedures prescribed in § 97.11(b) to read: ADF Standard I nstrum ent Approach P rocedure Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL. Ceilings are in feet above airport elevation. Distances are In nautical miles unless otherwise indicated, except visibilities which are in statute miles. 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, tiTiiasa an approach is conducted in accordance with a different procedure tor such airport authorized by the Administrator of the Federal Aviation Agency. Initial approaches shall be made over specified routes. Minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.

Transition Ceiling and visibility minimums

2-engine or less More than Course and Minimum 2-engine, From— To— altitude Condition distance (feet) 65 knots More than more than or less 65 knots 65 knots

AMW RBn...... Direct...... - 2600 T -dn...... 300-1 300-1 200-H C -d...... 600-1 600-1 600-1)4 C-n...... 600-2 600-2 600-2 S-dn-31...... 600-1 600-1 600-1 A-dn______NA NA NA

Procedure turn N side of crs, 120° Outbnd, 300° Inbnd, 2300' within 10 miles. Minimum altitude over facility on final approach crs, 1529'. Facility on airport, crs and distance, breakofl point to runway, 310°—0.36 mile. . If visualxontact not established upon descent to authorized landing minimums or if landing not accomplished within 0 mile after passing AMW RBn, turn right climbing to 2300' on the 120° bearing from AMW RBn within 10 miles, make right turn and return to AMW RBn. N ote: Use Des Moines, Iowa, altimeter setting. MSA within 25 miles of facility: 000°-360°—2800'. Lights on Runways 31-13 only. City, Ames; State, Iowa; Airport name, Ames Municipal; Elev., 929'; Fac. Class., MH; Ident., AMW; Procedure No. 1, Amdt. 1; Eft. date, 6 Aug. 66; Sup. Amdt. No. Orig., Dated, 18 Sept. 65

10-mile DME or Radar Fix, R 030° BOS Revere Int., Radar or 5-mile DME Direct...... 1200 T-dn% 300-1 300-1 200-)4 VORTAC. Fix, R 030°, BOS VORTAC (final). C-dn# 600-1 600-1 600-1)4 Bedford RBn______OS LMM...... Direct______2000 S-dn-22L**...... 600-1 600-1 600-1 Dorchester In t______i______OS LMM . Direct______2000 A-dn...... 800-2 800-2 800-2 Whitman VOR______¡._____ OS LMM...... Direct______2000 Cohasset In t______OS LMM...... Direct______2000

Radar available. Procedure turn E side of crs, 035° Outbnd, 215° Inbnd, 1500' within 12 miles of OS LMM. Minimum altitude over Revere Int, 5-mile DME or Radar Fix on final approach crs, 1200'. Crs and distance, Revere Int (radar or 5-mile DME Fix) to airport, 215°—4 miles. , T>.(r™ PIr or If visual contact not established upon descent to authorized landing minimums or iflanding not accomplished within 3 miles after passing Revere inti^m ue UMa rix, « passing BOS RBn, climb straight ahead to 2000' direct to BO LOM, Hold SW of BO LOM, 036° Inbnd, 1-minute right turns, or when directed by ATC, make leit-cumu b turn to 2000' direct E Boston Int. Hold SE of E Boston Int, 293° Inbnd, 1-minute right turns. » „ „ . , C aution: 370' stack, 1 mile SW of airport; 505' building, 1.7 miles W of airport; 845' building and antenna, 3.1 miles W of airport; 1349' antennae, 10.5 miles w oi airport. %Departures from Runway 27, make left turn to heading 260° as soon as practical after takeoff. ^ #No circling W of airport authorized from centerline extended Runway 4L to centerline ^extended Runway 15 when ceiling is less than 800. ** Reduction not authorized. MSA within 25 miles of facility: 000°-180°—2000'; 180°-360°—2500'. City, Boston; State, Mass.; Airport name, General Edward Lawrence Logan International; Elev., 19'; Fac. Class., LMM; Ident., OS; Procedure No. 2, Amdt. 6; Eft. date, 6 Aug. 66; Sup. Amdt. No. 5; Dated, 12 Feb. 66

\

FEDERAL REGISTER, VOL. 31, NO. 138— TUESDAY, JULY 19, 1966 RULES AND REGULATIONS 9733

ADF Standard I nstrument Approach P rocedure— Continued

Transition Ceiling and visibility minimums

2-engine or less Minimum More than From— T o - Course and altitude Condition 2-engine, distance (feet) 65 knots More than more than or less 65 knots 65 knots

BRO VOR. LOM...... Direct...... 1600 300-1 300-1 200-% C-dn..._...... 600-1 600-1 500-1% S-dn-17L*...... 500-1 600-1 500-1 800-2 800-2 800-2

Procedure turn W side of crs, 353° Outbnd, 173° Inbnd, 1600' within 10 miles. Minimum altitude over facility on final approach crs, 1000'. Crs and distance, facility to airport, 173°—3.8 miles. If visual Contact not established upon descent to authorized landing minimums or if landing not accomplished within 3.8 miles after passing LOM, turn left, climb to 1600' wn BRO VOR, R 062° within 15 miles, or when directed by ATC, climb to 1200' on bearing, 173° from LOM within 4.5 miles. Caution: 156' water tank, 0.5 mile W of airport.' ‘Reduction of landing visibility below % mile not authorized^.. MSA within 25 miles of LOM within United States, 2100'. City, Brownsville; State, Tex.; Airport name, Rio Grande Valley International; Elev., 22'; Fac. Class., LOM; Ident., BR; Procedure No. 1, Arndt. 19; E£E. date, 6 Aug. 66; Sup. Arndt. No. 18; Dated, 4 Sept. 65

PROCEDURE CANCELED, EFFECTIVE 6 AUG. 1966. City, Brownsville; State, Tex.; Airport name, Rio Grande Valley International; Elev., 22'; Fac. Class., SBH; Ident., BRO; Procedure No. 2, Arndt. 2; Eff. date, 10 Apr. 65; Sup. Arndt. No. 1; Dated, 8 Sept. 62

GUM VOR UA RBn (LOM)...... ^ ...... Direct______2000 400-1 400-1 400-1 GUM RBn.. : V UA RBn (LOM)...... 2100 C-dn .. 600-1 600-1 500-1% S-dn-6Ç_ _ 400-1 400-1 400-1 A-dn...... 800-2 800-2 800-2

Radar authorized. /■ Procedure turn N side of crs, 244° Outbnd, 064° Inbnd, 2500' within 10 miles. Minimum altitude over facility on final approach crs, 2000'. Crs and distance, facility to airport, 064°—4.6 miles. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 4.6 miles after passing UA RBn, climb to 2000' on the 064° bearing and contact Guam approach control. N ote: Reductions not authorized. N ote: This procedure applies to civil aircraft only and prior approval required from commander, Andersen AFB. MSA within 25 miles of facility: 000°-360°—2400'. Territory, Guam; Mariana Islands; Airport name, Andersen AFB; Elev., 605'; Fac. Class., HW; Ident., UA; Procedure No. i, Amdt. 2; Eff. date, 6 Aug. 66; Sup. Arndt. No. 1; Dated, 23 Apr. 66

STJ VOR...... LOM...... 2300 300-1 300-1 *200-% C-dn...... 600-1 600-1 600-1% S-dn-35...... 400-1 400-1 400-1 A-dn...... 800-2 800-2 800-2

Procedure turn W side of crs. 172° Outbnd, 352° Inbnd, 2300' within 10 miles. Minimum altitude over facility on final approach crs, 2300'. Crs and distance, facility to airport, 352°—5.2 miles. ,,noI£visuTaLcontact not established upon descent to authorized landing minimums or if landing not accomplished within 5.2 miles after passing LOM, climb to 2700' on bearing, 04» from LOM and proceed to STJ VOR. Hold N on R 347°, 167° Inbnd, right turns, or when directed by ATC, make left turn climbing to 2300' and return to LOM. Note: Shding scale below % mile not authorized. Caution: 300' bluffs, W, NW, and E of airport. — 300-1 required on Runway 31. MSA within 25 miles of facility: 000°-090°—2800'; 090°-360°—2500'. City, St. Joseph; State, Mo.; Airport name, RosecransMemorial; Elev., 826'; Fac. Class., LOM; Ident., ST; Procedure No. 1, Amdt. 16; Eff. date, 6 Aug. 66; Sup. Amdt. No. 15: Dated, 23 July 66

Chester VOR BAF RBn...... Direct...... 3300 T-d*.. . 700-1 700-1 Westfield VOR. BAF RBn...... Direct...... 3000 T-n*___ 700-2 7 0 0 -2 C-d...... 800-1% 800-1% 800-2 C-n...... 800-2 800-2 800-2 S-dn-20______800-1% 800-1% 800-1% A-dn______1500-2 1500-2 1500-2

Procedure turn W side of crs, 023° Outbnd, 203° Inbnd, 3000' within 10 miles. Minimum altitude over facility on final approach crs, 1800'. iirs.and distance, facility to airport, 203°—4.8 miles. on co,n£a9t n.ot established upon descent to authorizedlanding minimums or if landing not accomplished within 4.8 miles after passing BAF RBn, climb straight ahead Nrvri-o ^ Wlthin 5 miles, then right-climbing turn to 3000' direct BAF RBn. Hold N of BAF RBn, 203° Inbnd, 1-minute right turns, n ™ ; , W Altimeter setting from Westover when control zone not effective. (2) Approach from a holding pattem not authorized. Procedure turn required. r i E Uresj, Runway 9, left turn to 020° and Runway 15, right turn to 210° as soon as practicable after takeoff. ^ auiton: 754' obstruction—lighted tower on ridge 1 mile E of airport, luo* .m.8 required for takeoffs on Runways 9 and 15. ivi8A within 26 miI8ror facility: 000°-090°—3000'; 090°-180°—2500'; 180°-270°—3000'; 270°-360°—4000'. ity, Westfield; State, Mass.; Airport name, Barnes Municipal; Elev., 270'; Fac. Class., SBMHZ; Ident., BAF; Procedure No. 1, Amdt. 3; Eff. date, 6 Aug. 66; Sup. Amdt. No. 2; Dated, 9 Apr. 66

FEDERAL REGISTER, VOL. 31, NO. 138— TUESDAY, JULY 19, 1966 9734 RULES AND REGULATIONS 2. By amending the following very high frequency omnirange (VOR) procedures prescribed in § 97.11(c) to read: VOR Standard I nstrument Approach P rocedure Bearings, headings, courses and radials are magnetic. Elevations and altitudes are In feet MSL. Ceilings are In feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles. 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 of the Federal Aviation Agency. Initiglapproaches shall be made over specified routes. Minimum altitudes Shall correspond with those established for en route operation in the particular area or as set forth below.

Transition Ceiling and visibility minimums

2-engine or less Minimum More than Course and 2-engine, From— To— altitude Condition distance (feet) 65 knots More than more than or less 65 knots 65 knots

BRO VOR...... D irect...______1600 T-dn______300-1 300-1 200-)4 C-dn-...... 400-1 500-1 6Q0-1H S-dn-26...... 400-1 400-1 400-1 A-dn______800-2 800-2 800-2

Procedure turn N side of crs. 062® Outbnd, 242® Inbnd, 1600' within 10 miles. Minimum altitude over facility on final approach crs, 600'. Crs and distance, facility to airport, 242°—2.3 miles. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 2.3 miles after passing BRO VOR, climb to 1600 oa R 282° within 15 miles, or when directed by ATC, turn right, climb to 1600' on R 330° within 10 miles. Caution: 156' water tank, 0.5 mile W of airport. MSA within 25 miles of BRO VOR within United States, 1500'. .0; Ident., BRO; Procedure No. 1, Amdt. 7; Efl. date, 6 Aug. 66; Sup. Arndt.' No. 6; Dated, 10 Apr. 65

YIP VOR...... Direct...... 2600 T-dn...... 300-1 300-1 200- YIP VOR...... Direct...... 2500 C-d...... 500-1 500-1 500-1)1 C-n...... 500-2 500-2 500-2 S-d-9...... 500-1 500-1 500-1 S-n-9*...... 500-2 500-2 500-2 A-dn______800-2 800-2 800-2 Dual VOR minimums: dual VOR receivers required:# C-dA...... 400-1 500-1 500-1)$ S-d-9#...... 400-1 400-1 400-1

Radar available. Procedure turn S side of crs, 282° Outbnd, 109° Inbnd, 2500' within 10 miles. Minimum altitude over facility on final approach crs, 1900'; over French Int, 1139'. Crs and distance, facility to airport, 102°—7.3 miles. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 7.3 miles after passing YIP VOR, make left-climbing turn to 2700' and proceed to DW LOM. Caution: Brightly lighted street in town of Romulus on final approach crs 1)4 miles short of runway may easily be confused for Runway 0. * Reduction not authorized. MSA within 25 miles of facility: Q00°-090°—2800'; 090°-180°—2400'; 180°-270°—2100'; 270°-360°—2600'. City, Detroit; State, Mich.; Airport name, Detroit Metro Wayne County; Elev., 639'; Fac. Class., T-VOR; Ident., YIP; Procedure No. 1, Arndt. 2; Eff. date, 6 Aug. 66; Sup. Arndt. No. 1; Dated, 14 May. 66

2000 T-dn .. 300-1 300-1 200-J3 Carleton VOR...... Direct...... 2300 C-dn . . . . : 400-1 500-1 500-1)3 YTP VOR Direct . 2300 S-dn-27...... 400-1 400-1 400-1 A-dn______800-2 800-2 800-2

Radar available. Procedure turn N side of crs, 101° Outbnd, 281° Inbnd, 2300' within 10 miles of Taylor Int. Minimum altitude over Taylor Int on final approach crs, 2000'. Crs and distance, Taylor Int to airport, 281°—5 miles. s '■ » If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 5 miles after passing Taylor Int, climb to ¿¿w anu proceed to YIP VOR. N ote: Dual VO R equipment or radar identification of Taylor Int required. MSA within 25 miles of facility: 000°-090°—2800'; 090°-180°—2400'; 180°-270°—2400'; 270°-360°—2600'. City, Detroit; State, Mich.; Airport name, Detroit Metro Wayne County; Elev., 639'; Fac. Class., T-VOR; Ident., YIP; Procedure No. 2, Amdt. 2; Efl. date, 6 Aug. 66; Sup. Arndt. No. 1; Dated, 26 May 66

300-1 300-1 20044 C-dn 400-1 500-1 600-1)4 800-2 800-2 800-2 ------Procedure turn N side of crs, 074° Outbnd, 254° Inbnd, 1900' within 10 miles. Minimum altitude over facility on final approaoh crs, 1400'. Crs and distance, facility to airport, 254°—4.1 miles. . If visual contact not established upon descent to authorized landing minimums oj if landing not accomplished within 4.1 miles after passing DYRVORTAC, turn leu, u to 1900', return to D YR VORTAC and contact ATC for further clearance. ,„a„u.-ng Caution N otes: ’Weather and altimeter information not available 2200 to 0600. During this period aircraft will cancel IF R with ATC prior to landing or upon reat & VFR conditions, and will not takeoff under IF R conditions without prior ATC approval. MSA within 25 miles of facility: 000°-360°—1800'. City, Dyersburg; State, Tenn.; Airport name, Dyersburg Municipal; Elev., 337'; Fac. Class., BVORTAO; Ident., DYR; Procedure No. 1, Amdt. 9; Efl. date, 6 Aug. 66, Sup. Amdt. No. 8; Dated, 30 Nov. 63 • -4 . Ï ------J i J T-dn%______300-1 300-1 C-dn______1100-2 1100-2 A-dn______1500-3 1500-3

Procedure turn S side of crs, 255° Outbnd, 075° Inbnd, 8000' within 10 miles. Beyond 10 miles not authorized. Minimum altitude over facility on final approach crs, 6500'. Crs and distance, facility to airport, 098°—14.5 miles. _ . Taft-climbing If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 6 miles after passing HZN VOR, maxe a turn, return to the VOR climbing to 8500' on R 255° within 10miles. N ote: Military authority required. %IFR departures must comply with published Fallon SID’s. City, Fallon; State, Nev.; Airport name, NAAS Fallon; Elev., 3934'; Fac. Class., VORW; Ident., EZN; Procedure No. 1, Amdt. 2; Efl. date. 6 Aug. 66; Sup. Amdt. No. , Dated, 29 Sept. 62

FEDERAL REGISTER, VOL. 31, NO. 138— TUESDAY, JULY 19, 1966 RULES AND REGULATIONS 9735

VOR Standard I nstrument Approach P rocedure— Continued

Transition Ceiling and visibility minimums

2-engine or less Minimum More than From— Course and 2-engine, T o - distance altitude Condition (feet) 65 knots More than more than or less 66 knots 65 knots T -dn...... 300-1 300-1 200- C-d...... 700-1 700-1 700-1)4 C-n...... 700-2 700-2 700-2 S-d-18...... 700-1 700-1 700-1 S-n-18____ 700-2 700-2 700-2 A * ...... NA NA NA DME minimum-—DME equi]ament requi red: C-dn...... 1 600-1 600-1 I 600-1)4 S-dn-18...... 600-1 500-1 600-1

Procedure turn W side of crs, 349° Outbnd, 169° Inbnd, 6800' within 10 miles. Minimum altitude over facility on final approach crs, 6100'; over 4-mile DME Fix, R 169°, 4373'. Crs and distance, facility to airport, 169°—7.3 miles. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 7.3 miles after passing LAA VO R, turn right, climbing to 6000' direct to LAA VOR. Caution: Procedure not wholly within controlled airspace. •Alternate minimums of 800-2 authorized for air carriers with weather reporting service available at airport. MSA within 26 miles of facility: 000°-270°—5200'; 270°-360°—6900'. City, Lamar; State, Colo.; Airport name, Lamar Municipal; Elev., 3673'; Fac. Class., H-BVOR; Ident., LAA; Procedure No. 1, Arndt. 1; Efl. date, 6 Aug. 66; Sup. Arndt. No- Orig.; Dated, 3 July 65

E 276°, STJ VOR, clockwise...... R 347°, STJ VOR...... Via 6-mile DME 2700 T -dn______300-1 300-1 •200-J4 Are. C-dn______1000-2 1000-2 1000-2 E 072°, STJ VOR, counterclockwise...... R 347°, STJ VOR...... Via 6-mile DME 2700 A-dn______1000-2 1000-2 1000-2 Arc. DME minmums: 6-mile DME Fix, R 347°, STJ VOR...... STJ VOR (final)...... Direct.. . . 2700 C-dn...... 600-1- 600-1 600-1)4 S-’dn-17@_____ 600-1 600-1 600-1

Procedure turn W side of crs, 347° Outbnd', 167° Inbnd, 2700' within 10 miles. Minimum altitude over facility on final approach crs, 2700'; over 6-mile DME Fix, R 167°, 1826'. Crs and distance, facility to airport, 167°—10.7 miles. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 10.7 miles after passing STJ VOR, make right turn climbing to 2700' and return to STJ VOR. Caution: 300' bluffs, W, NW, and E of airport. *300-1 required on Runway 31. ©Reductions not authorized. MSA within 25 miles of facility: 180°-090°—2600'; 090°-180°—2800'. City, St. Joseph; State, Mo.; Airport name, Rosecrans Memorial; Elev., 826'; Fac. Class., L-BVORTAC; Ident., STJ; Procedure No. 1, Amdt. 6; Efl. date, 6 Aug. 66; Sup. Amdt. No. 5; Dated, 23 July 66

E 262°. SLN VOR, clockwise R 003°, SLN VOR...... Via 8-mile DME 3100 T -dn______300-1 300-1 200-H C-dn...... 500-1 600-1 500-1)4 E 086°, SLN VOR, counterclockwise R 003°, SLN VOR...... Via 8-mile DME 3100 S-dn-17...... 600-1 600-1 600-1 Arc. A-dn______800-2 800-2 800-2 8-mile DME Fix. R 003°, SLN VOR SLN VOR (final)...... Direct______- _ 2400 DME minimums—DME equ: pment requi red: C-dn____ 400-1 600-1 500-1)4 S-dn-17______400-1 400-1 400-1

Procedure turn W side of crs, 003° Outbnd, 183° Inbnd, 2900' within 10 miles. Minimum altitude over facility on final approach crs, 2400'; 2.6-mile DME Fix, R 183°, 1771'. Lrs and distance, facility to airport, 183°—4.2 miles. olimK al^ S iact not^tablished^upon descent to authorized landing minimums or if landing not accomplished within 4.2 miles after passing the SLN VO R, make right turn cumbing to 2900' on SLN VO R, R 003° within 10 miles, make left turn and return to SLN VO R. wote: Fmal approach from holding pattern at SLN VOR not authorized, procedure turn required. MSA within 25 miles of facility: 000°-360°—3000'. City, Salina; State, Kans.; Airport name, Schilling Airport; Elev., 1271'; Fac. Class., H-BVORTAC; Ident., SLN; Procedure No. 1, Arndt. 1; Efl. date, 6 Aug. 66; Sup. Arndt. No. Orig.; Dated, 30 July 66

FEDERAL REGISTER, VOL. 31, NO. 138— TUESDAY, JULY 19, 1966 9736 RULES AND REGULATIONS 3. By amending the following terminal very high frequency omnirange (TerVOR) procedure® prescribed in § 97.13 to read: VOR Standard I nstrument Approach P rocbdurb Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles. 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, an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator of the Federal Aviation Agency. Initial approaches shall be made over specified routes. M inimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.

Transition Ceiling and visibility minimums

2-engine or less More than Course and Minimum 2-engine, From— To— altitude Condition distance (feet) 65 knots More than more than or less 65 knots 65 knot3

BOS VOR...... Direct...... 2000 T-dn % ...... 300-1 300-1 200- lA Walpole Int, 17-mile DME or Radar Fix on Dorchester Int, 6-mile DME or Direct______1800 C-dn#...... 600-1 600-1 600-1H BOS VOR, R 238°. Radar Fix on BOS VOR, R 238° S-dn-4R**____ 600-1 600-1 600-1 (final). A-dn______800-2 800-2 800-2

Procedure turn S side of crs, 238° Outbnd, 058° Inbnd, 2000' within 10 miles. M inim um altitude over Dorchester Int, 6-mile DME or Radar Fix on final approach crs, 1800'. Facility on airport, crs and distance, breakofl point to approach end of Runway 4R, 035°—0.9 mile. ' „ 4- , ... .. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 0 mile after passing BOS VOR, make leffr-climbing turn to 2000' direct Danvers Int. Hold NE of Danvers Int, 1-minute right turns, 210° Inbnd, or when directed by ATC, make right-climbing turn to 2000' direct Skipper Int. Hold E of Skipper Int, 1-minute right turns, 279° Inbnd...... : ...... , , m C a u t io n : Nonstandard ALS serving Runway 4R. Displaced threshold lights 2518* from end of Runway 4R. 370 stack, 1 mile SW of airport; 505 building, 1.7 miles W of airport; 845' building and antenna, 3.1 miles W of airport; 1349' antennae, 10.6 miles W of airport. ... #No circling W of airport authorized from centerline extended Runway 4L to centerline extended Runway 15 when ceiling is less than 800'. %Departures from Runway 27: Make left turn to heading, 260° as soon as practicable after takeoff. ** Reduction not authorized. MSA within 25 miles of facility: 000°-180°—2000'; 180°-360°—2500'. City. Boston; State. Mass.; Airport name, General Edward Lawrence Logan International; Elev., 19'; Fac. Class., BVORTAC; Ident., BOS; Procedure No. TerVO R-4R, Arndt. 7; Eft. date, 6 Aug. 66; Sup. Arndt. No. 6; Dated, 22 Jan. 66

BOSVOR...... Direct______2000 T-dn% ...... 300-1 300-1 200-H C-dn#______600-1 600-1 600-1H S-dn-22L**...... 600-1 600-1 600-1 A -dn______800-2 800-2 800-2

Radar available. Procedure turn W side of crs, 016° Outbnd, 196° Inbnd, 1800' within 10 miles. M inim um altitude over 5-mile DME or Radar Fix on final approach crs, 120Q'. Facility on airport, crs and distance, breakoff point to approach end of Runway 22L, 215“—0.9 mile. . v a v „«wiifUimhlM If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 0 mile after passing BOS V O R , make leit-cnmDing turn to 2000' direct Skipper Int. Hold E of Skipper Int, 1-minute right turns, 279* Inbnd, or when directed by ATC, make left-climbing turn to 2000' direct Oohasset mi. Hold SE of Cohasset Int, 1-minute right turns, 328* Tnbna. .... , „. _ , . . a;r™ rt C a u t io n : 370' stack, 1 mile SW of airport; 505' building, 1.7 miles W of airport; 846' building and antenna, 3.1 miles W of airport; 1349' antenna, 10.5 miles W of airport. %Departures from Runway 27: Make left turn to heading, 260° as soon as practicable after takeoff. • M #No circling W of airport authorized from centerline extended Runway 4L to centerline extended Runway 15 when ceiling is less than 800'. ** Reduction not authorized. MSA withiw25 miles of facility: 000“-180°—2000'; 180“-360”—2500'. City. Boston: State, Mass.; Airport name, General Edward Lawrence Logan International; Elev., 19'; Fac. Class., BVORTAC; Ident., BOS; Procedure No. TerVOR-22L, Arndt. 7; Eft. date, 6 Aug. 66; Sup. Arndt. No. 6; Dated, 12 Feb. 66

BOS VOR...... Direct...... — 2000 T-dn% ...... 300-1 300-1 20646 C-dn#...... 600-1 600-1 600-W S-dn-27$...... 500-1 500-1 500-1 A-dn______800-2 800-2 800-2

Radar available. Procedure turn N side of crs, 086° Outbnd, 266 Inbnd, 1500' within 10 miles. Minimum altitude over 4-mile DME or Radar Fix on final approach crs, 1000'. climbing t ______I Millis Int. Hold SW of Millis Int, 1-minute, right turns, 058° Inbnd. . „ ,n k w nt airoort. C a u t io n : 370' stack, 1 mile SW of airport; 505' building, 1.7 miles W of airport; 845' building and antenna, 3.1 miles W of airport; 1349' antenna, 10.5 miles w oi airyo %Departures from Runway 27: Make left turn to heading, 260” as soon as practicable after takeoff. #No circling W of airport authorized from centerline extended Runway 4L to centerline extended Runway 15 when ceiling is less than 800'. mile authorized, except for 4-engine turbojet aircraft, with operative high-intensity runway lights. MSA within 25 miles of facility: 000”-180°—2000'; 180®-360°—2500'. ^ City. Boston; State, Mass.; Airport name, General Edward Lawrence Logan International; Elev., 19'; Fac. Class., BVORTAC; Ident., BOS; Procedure No. TerVO Arndt. 6; Eff. date, 6 Aug. 66; Sup. Arndt. No. 5; Dated, 22 Jan. 66

300-1 300-1 Bedford RBn______BOS VOR 2000 T-dn%...... 600-1 Beechwood Int or 12-mile DME or Radar LI LOM or 5-mile DME or Radar Fix 1400 C-dn#...... 600-1 (final). S-dn-33**...... 500-1 500—1 Fix on BOS VOR, R 153". 800-2 800-2

Radar available. Procedure turn E side of crs, 153“ Outbnd, 333° Inbnd, 1500' within 10 miles. M inim um altitude over LI LOM, 5-mile DME or Radar Fix on final approach crs, 1400'. tu r n ______, . I Int, hold NE of Marblehead Int. 1-mfnute left turns, 240° Inbnd. .__ _ m a miles W of airport. C a u t io n : 370' stack, 1 mile SW of airport; 505' building, 1.7 miles W of airport; 845' building and antenna, 3.1 miles W of airport; 1349' antenna, lu.a mnes %Departures from Runway 27: Make left turn to heading, 260” as soon as practicable after takeoff. onnl #No circling W of airport authorized from centerline extended Runway 4L to centerline extended Runway 15 when ceiling is less than 8Uv . ** Reduction not authorized. MSA within 25 miles of facility: 000“-180”—2000'; 180”-360”—2500'. TerVO R-33, City, Boston; State, Mass.; Airport name, General Edward Lawrence Logan International; Elev., 19'; Fac. Class., BVORTAC;Ident., BOS; Procedure No. er Arndt. 8; Eff. date, 6 Aug. 66; Sup. Arndt. No. 7; Dated, 22 Jan. 66

FEDERAL REGISTER, VOL. 31, NO. 138— TUESDAY, JULY 19, 1966 RULES AND REGULATIONS 9737

YOB Standard I nstrument Approach P rocedure— Continued

Transition Ceiling and visibility minimums

2-engine or less Minimum More than Course and 2-engine, From— To— distance altitude Condition (feet) 66 knots More than more than or less 65 knots 65 knots

Jefferson VHF In t___ CVO VOR. Direct. 3000 T-dn%_ 300-1 300-1 20043 Alford VHF In t...... CVO VOR. Direct. 3000 C-dn__ 600-1 600-1 600-1)3 Kings Valley VHF Int. CVO VOR. Direct. 3200 S-dn-17. 500-1 500-1 500-1 CVO VOR...... — Fischer FM. Direct. 3000 A-dn*_ 800-2 800-2 800-2

Procedure turn E side of ers, 008° Outbnd, 188° Inbnd, 3000' within 10 miles of Fischer FM. Minimum altitude over Fischer fan marker on final approach ers, 1500'; over VOR, 700'. Crs and distance, Fischer fan marker to airport, 188°—4.5 miles; facility on airport. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 4.5 miles after passing Fischer FM, or within 0 mile after passing CVO VOR, turn left, climb to 3000' on R 008° within 15 miles of CVO VOR. %Takeoffs all runways: Climb in holding pattern S of Corvallis VO R on V23W, 1-minute pattern, right turns, cross the VOR at or above 900' V23W northbound. ‘Weather service 0700-2200 local time. Alternate minimums not authorized when weather service not available. MSA within 25 miles of facility: 000°-090°—4200'; 090°-180°—4200'; 180°-270°—5100'; 270°-360°—4300'. City, Corvallis; State, Oreg.; Airport name, Corvallis Municipal; Elev., 246'; Fac. Class., T-VOR; Ident., CVO; Procedure No. VOR-17, Arndt. 1; Eff. date, 6 Aug. 66; Sup. Arndt. No. Orig.; Dated, 21 Aug. 65

Chester VOR. BAF VOR...... 3300 T-d*...... 700-1 700-1 700-1 Skylark In t.. B A F VOR...... Direct...... 3000 T-n* 700-2 7Ó0-2 700-2 C-dn...... 1500-2 1500-2 1500-2 S-dn-20______NA NA NA A-dn______1500-2 1500-2 1500-2 After passing BAF RBn: C-d...... 800-1 800-1)3 800-2 C-n...... s...... 800-2 800-2 800-2 S-d-20...... 800-1 800-1)3 800-1)3 S-n-20...... 800-1)3 800-1)3 800-1)|

Procedure turn W side of crs, 023° Outbnd, 203° Inbnd, 2800' within 10 miles. Minimum altitude over facility on final approach crs, 1770'; after passing BAF RBn, 1070'. Facility on airport. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished when over BAF VO R, or 4.8 miles after passing BAF RBn, Climb straight ahead on R 203° to 1500' within 5 miles, then right-climbing turn to 2800' direct BAF VOR. Hold N ' of BAF VOR, 1-minute right turns, 203° Inbnd. Note: (1) Altimeter setting from Westover when control zone not effective. (2) Approach from a holding pattern not authorized. Procedure turn required. Departures: Runway 9, left turn to 020° and Runway 15, right turn to 210° as soon as practicable after takeoff. Caution: 754' obstruction—lighted tower, on ridge 1 mile E of airport. *800' ceiling required for takeoffs on Runways 9 and 15. MSA within 25 miles of facility: 000°-090°—3000'; 090°-180°—2500'; 180°-270°—3000'; 270°-360°—4000'. City, Westfield; State, Mass.; Airport name, Barnes Municipal; Elev., 270'; Fac. Class., BVOR; Ident., BAF; Procedure No. TerVOR-20, Arndt. 5; Eff. date, 6 Aug. 66; Sup. Arndt. No. 4; Dated, 9 Apr. 66 4. By amending the following very high frequency omnirange—distance measuring equipment (VOR/DME) procedures prescribed in § 97.15 to read: VOR/DME Standard I nstrument Approach P rocedure Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL. Ceilings are in feet above airport elevation. Distances are in nautical mues unless otherwise indicated, except visibilities which are in statute miles. 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 approach is conducted in accordance with a different procedure for such airport authorized by the Administrator of the Federal Aviation Agency. Initial approaches snau be made over specified routes. M inimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below

Transition Ceiling and visibility minimums

2-engine or less Minimum More than From— Course and 2-engine, T o - distance altitude Condition (feet) 65 knots More than more than or less 65 knots 65 knots

BostonVORTAC 10-mile DME Fix, R 030*. 10-mile DME Fix, BOS, R 328°...... 10-mile DME 2000 T-dn%...... 300-1 300-1 20043 ARC. C-dn#...... 600-1 600-1 600-1)3 Boston VO RTAC 10-mile DME Fix, R 238° 10-mile DME Fix, BOS, R 32R“_ 10-mile DME 2300 A-dn...... 800-2 800-2 800-2 or R 271“. ARC. 10-mile DME Fix, BOS, R 328°...... 6-mile DME Fix, BOS, R 328°______Direct...... 1500 6-mfie DME Fix, BOS, R 328°... .. 4-mile DME Fix, BOS, R 328° _ Direct...... 1000 4-mile DME Fix, R- 328° 3-mile DME Fix, R 328° (finali . . Direct______800

Radar available. Procedure turn not authorized. Minimum altitude over 6-mile DME Fix, BOS R 328°, 1500'; 4-mile DME Fix, BOS R-328“, 1000'; 3-mile DME Fix, 800'. ramnnum altitude over facility on final approach crs, 619'. Facility on airport. to 2 o J ^ al 9°o,i?ct not established upon descent to authorized landing minimums or if landing not accomplished within 0 mile after passing B O S VO R, make left-climbing turn SE P^PPe1 Int- Hold E of Skipper Int, 1-minute right turns, 279° Inbnd, or when directed by ATC, make right-climbing turn to 2000' direct Cohasset Int. Hold O att asset Int, 1-mmute right turns, 328 Inbnd. r - _ stack. 1 mile SW of airport; 505' building, 1.7 miles W of airport; 845' building and antenna, 3.1 miles W of airport; 1349' antenna, 10.5 milas w of airoort. i B r ' ® s from Runway 27: Make left turn to. heading. 260° as soon as practicable after takeoff. Ma» w of airport authorized from centerline extended Runway 4L to centerline extended Runway 15 when ceiling is less than 800'. ■»ISA within 25 miles of facility: 000°—180°—2000'; 180°—360°—2500'. ity, Boston; State, Mass.; Airport name, General Edward Lawrence Logan International; Elev., 19'; Fac. Class., BVORTAC; Ident., BOS; Procedure No. VOR/DME No 1. Arndt. 4; Eff. date, 6 Aug. 66; Sup. Amdt. No. 3; Dated, 12 Feb. 66

FEDERAL REGISTER, VOL. 31, NO. 138— TUESDAY, JULY 19, 1966 No. 138------5 9738 RULES AND REGULATIONS

5. By amending the following instrument landing system procedures prescribed in § 97.17 to read: ILS Standard I nstrument Approach P rocedure Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles. 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 of the Federal Aviation Agency. Initial approaches shall be made over specified routes. Minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.

Transition Ceiling and visibility minimums

2-engine or less Minimum More than From— T o - Course and altitude Condition 2-engine, distance (feet) 65 knots More than more than or less 65 knots 65 knots

BRO VOR...... LOM...... 1600 300-1 300-1 200-% Fresnos Int ______LOM ffinal)______1100 C-dn. 400-1 500-1 600-1% S-dn-17L*...... 200-% 200-% 200-% A-dn______600-2 600-2 600-2

Procedure turn W side N crs, 353° Outbnd, 173° Inbnd, 1600 within 10 miles. Minimum altitude at glide slope interception, Inbnd, 1100'. Altitude of glide slope and distance to approach end of runway at OM, 1050'—3.8 miles; at MM, 205'—0.6 mile. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished turn left, climb to 1600' onBROVOR R 062’ within IS miles or when directed by ATC, climb to 1200' on S crs, ILS within 4.5 miles. *400-% required when glide slope not utilized. City, Brownsville; State, Tex.; Airport name, Rio Grande Valley International; Elev., 22'; Fac. Class.,"ILS; Ident., I-BRO; Procedure No. ILS-17L, Arndt. 20; Eff. date, 6 Aug. 66; Sup. Arndt. No. 19; Dated, 27 Mar. 65

SI LOM...... 2200 T-

Radar available. Procedure turn W side of era, 360° Outbnd, 180° Inbnd, 2000' within 10 miles. M inim um altitude.over facility onfinal approach crs, 2000'. Crs and distance, facility to airport, 180°—4 miles. No glide slope. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 4 miles after passing SI LOM, climb to 2000' on S crs of ILS, to Union Int. Hold S 1-minute right turns, 360° Inbnd. C aution: 1746' tower, 9 miles NE of airport; 1167' tower, 19 miles NNE of airport; 1120' tower, 11 miles NW of airport; 1083' water tank, 4 miles SSE airport. #400-% authorized with high-intensity runway lights, except for 4-engine turbojets. #400-% authorized with operative ALS, except for 5-engine turbojets. #RVR 2400' authorized Runways 18-36. City, Covington; State, Ky.; Airport name, Greater Cincinnati; Elev., 890'; Fac. Class., ILS; Ident., I-CVG; Procedure No. ILS-18 (back crs), Arndt. 2; Eff. date, 6 Aug. 66; Sup. Arndt. No. 1; Dated, 30 Ian. 65

Mount Healthy Int. ST LOM 2200 T-dn# . 300-1 300-1 200-% New Baltimore Int. SI LOM (final)...... 2000 400-1 500-1 500-1% Union In t______ST LOM ' ...... _ — 2300 S-dn-18* **...... 200-% 200-% 200-% CVG VOR...... LOM 2300 600-2 600-2SI 600-2 Madeira RB n_____ SI LOM______Direct______2700

Radar available. Procedure turn W side of era, 360° Outbnd, 180° Inbnd, 2000' within 10 miles. M inim um altitude at glide slope interception, Inbnd, 2000'. Altitude of glide slope and distance to approach end of runway at OM, 1973'—4 miles; at MM, 1064'—0.5 inile. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 4 miles after passing SI LOM, climb to 2000 on S crs of ILS to Union Int. Hold S 1-minute right turns, 360° Inbnd. C aution: 1746' tower, 9 miles NE of airport; 1167' tower, 19 miles NNE of airport; 1120' tower, 11 miles NW of airport; 1083' water tank, 4 miles SSE airport. *400-% (RVR 4000') required when glide slope not utilized. 400-% (RVR 24000 authorized with operative ALS, except for 4-engine turbojets. **2400' RVR. Descent below 1090' not authorized unless approach lights visible. #RVR 2400' authorized Runways 18 and 36. City, Covington; State, Ky.; Airport name, Greater Cincinnati; Elev., 890'; Fac. Class., ILS; Ident., I-SIC; Procedure No. ILS-18, Arndt. 3; Eff. date, 6 Aug. 66; Sup. Arndt. No. 2; Dated, 30 Jan. 65 CV LOM...... 2000 300-1 300-1 200-% CV LOM...... 2300 400-1 500-1 500-1% CV LOM...... 2700 S-dn-36*#%...... 200-% 200-% 200-% 2400 600-2 600-2 600-2 GV LOM (final) 2000 f!V LOM '.....J 2400

Radar available. Procedure turn E side of crs, 180° Outbnd, 360° Inbnd, 2000' within 10 miles. Minimum altitude at glide slope Interception, Inbnd, 2000'. Altitude of glide slope and distance to approach end of runway at OM, I960'—3.8 miles; at MM, 1069'—0.5 mile. ' If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 3.8 miles after passing CV LOM, climb to 2000 on the N era of the ILS to the SI LOM. Hold N, 1-minute right turns, 180° Inbnd. C aution: #Glide slope point of touchdown approximately 1750' in from approach end of runway. *400-% (RVR 4000') required with glide slope inoperative. 400-% (RVR 2400') authorized with operative ALS, except for 4-engine turbojets. %2400' RVR. Descent below 1090' not authorized unless approach1 lights visible. ¿RVR 2400' authorized Runways 18 and 36. City, Covington; State, Ky.; Airport name, Greater Cincinnati; Elev., 890'; Fac. Class., ILS; Ident., I-CVG; Procedure No. ILS-36, Arndt. 19; Eff. date, 6 Aug. 66; Sup. Arndt. No. 18; Dated, 2 Nov. 63

FEDERAL REGISTER, VOL. 31, N O . 138— TUESDAY, JULY 19, 1966 RULES AND REGULATIONS 9739

ILS Standard I nstrument Approach P rocedure— Continued

Transition Ceiling and visibility minimums

2-engine or less More than Minimum 2-engine, From— To— Course and altitude Condition distance (feet) 65 knots More than more than or less 65 knots 65 knots

CVG VOR___¡.— CV LOM...... Direct. 2000 T-dn#_._ 300rd 300-1 200- % New Baltimore Int. CV LOM...... Direct. 2300 C-dn___ 400-1 500-1 600-1% -»Madeira RBn___ CV LOM...... Direct. 2700 S-dn-36* 400-1 400-1 400-1 Dry Ridge Int___ Union Int_____ Direct. 2400 A-dn__ 800-2 800-2 800-2 Union Int...... CV LOM (final) Direct 2000 Mount Healthy Int CV L O M ...__ Direct 2400

Radar available. Procedure turn E side of crs, 180° Outbnd, 360° Inbnd, 2000' within 10 miles. Minimum altitude over facility on final approach crs, 2000'. Crs and distance, facility to airport, 360°—3.8 miles. No glide slope. - - If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 3.8 miles after passing CV LOM, climb to 2000' on the N crs of the ILS and proceed to the SI LOM, hold N, 1-minute right turns, 180° Inbnd. *400-% authorized with operative high-intensity runway lights, except for 4-engine turbojets. *400-)! authorized with operative ALS, except for 4-engine turbojets. #RVR 2400' authorized Runways 18-36. City, Covington: State, Ky.; Airport name, Greater Cincinnati; Elev., 890'; Fac. Class., ILS: Ident., I-SIC; Procedure No. ILS-36 (back crs), Arndt. 1; Eff. date, 6 Aug. 66; Sup. Arndt. No. Orig.; Dated, 15 Feb. 64

St. Joseph VOR. L O M ___ :...... Direct...... 2300 300-1 300-1 * 200-14 C-dn...... 600-1 600-1 600-1)4 S-dn-35#...... 300-% 300-% 300-% A -dn...______600-2 600-2 600-2

Procedure ¡turn W side S crs, 172° Outbnd, 352° Inbnd, 2300' within 10 miles. Minimum altitude at glide slope interception Inbnd, 2300'. Altitude of glide slope and distance to approach end of runway at OM, 2261'—5.2 miles; at MM, 1066'—0.8 mile. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 5.2 miles after passing ST LOM, climb to 2700' on N crs, ILS and proceed to STJ VOR. Hold on R 347°, 167° Inbnd, right turns. . Caution: 300' bluffs, W, NW, and E of airport. *300-1 required on Runway 31. #400-1 when glide slope not utilized. 400-% with operative H IRL, except for 4-engine turbojets. Reduction below % mile not authorized. City, St. Joseph; State, Mo.; Airport name, Rosecrans Memorial; Elev., 826'; Fac. Class., ILS; Ident., I-STJ; Procedure No. ILS-35, Arndt. 17; Eff. date, 6 Aug. 66; Sup. Arndt. No. 16; Dated, 23 July 66 6. By amending the following radar procedures prescribed in § 97.19 to read: R adar Standard I nstrument Approach P rocedure Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet, MSL. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles. If a radar instrument approach is conducted-at tbe below named airport, it shall be in accordance with the following instrument procedure, unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator of the Federal Aviation Agency. Initial approaches shall be made over specified routes. Minimum altltude(s) shall correspond with those established for en route operation in the particular area or as set forth below. Positive identification must be estab- Bshed^ with the radar controller. From initial contact with radar to final authorized 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 authorized 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 final approach is lost for more than 5 seconds during 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 m in im um s; or (D) if landing is not accomplished.

Transition Ceiling and visibility minimums

2-engine or less More than Course and Minimum From— To— altitude Condition 2-engine, distance (feet) 65 knots More than more than or less 65 knots 65 knots

000" 360° 0-7 miles.. 1900 Surveillance approaches 000' 360° 7-16 miles. 2300 T-dn______300-1 300-1 200-% 000' 360° 15-30 miles 2800 C-dn-9, 3 L 400-1 500-1 500-1% and R, 21L, 400-1 400-1 400-1 27, 33. 500-1 500-1 600-1% S-dn-9, 3L*, 500-1 500-1 600-1 3R#, 21L#, 800-2 800-2 800-2 27, 33. C-dn-21R___ S-dn-21R##._. A-dn_____ ....

P»rwVi?u^ contact not established upon descent to authorized landing minimums or if landing not accomplished, Runway 3 L arid R, 33: Right tarn to 2300' and proceed to 27- n u u Is Q®, R 268°. Runway 21 R and L: Right turn to 2400' and proceed direct to YI LOM. Runway 9: Left turn to 2700' and proceed direct to DW LOM. Runway ^ to 2300'and proceed direct to YIP VOR. Radar control will provide 1000' vertical clearance with a 3-mile radius of 1311' tower, 6 miles SE; 4 towers 1700' to 1735'—15 miles NE. ¿¿¡¡TO authorized with operative ALS, 400-% authorized with HIRL, except for 4-engine turbojets. suthorized with operative H IRL, except for 4-engine turbojets. wouu-% authorized with operative HIRL, except for 4-engine turbojets. Reduction below % mile not authorized. ity, Detroit; State, Mich.; Airport name, Detroit Metro Wayne County; Elev., 639'; Fac. Class, and ident., Detroit Metro Radar; Procedure No. 1, Arndt. 1; Eff. date, 6 Aug. 66; Sup. Arndt. No. Orig.; Dated, 25 June 66

FEDERAL REGISTER, VOL. 31, NO. 138— TUESDAY, JULY 19, 1966 i 9740 RULES AND REGULATIONS

R adar Standard I nstrument Approach P rocedure Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet, MSL. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles. 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 for such airport authorized by the Administrator of the Federal Aviation Agency. Initial approaches shall be made over specified routes. 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 estab­ lished with the radar controller. From initial contact with radar to final authorized 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 authorized landing misjpiums, 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 during 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.

Badar terminal area maneuvering sectors and altitudes Ceiling and visibility minimums

2-engine or less More than 2-engine From— To— Condition more than 65 knots More than 65 knots or less 65 knots

Within 10 miles: Within 10 to 15 miles: S xrveillance a pproach Area N of 18°23' N—1500'. 165° to 255°—3000'. T-dn 300-1 300-1 200- Area S of 18°23' N—3000'. Within 10 to 30 miles: C-dn-7 ...... 600-1 600-1 600-1& Within 10 to 20 miles: 18°23' to 165°—5000'. . . C-dn-25 500-1 500-1 500-1Mi 255° through N sector to 18°23' N—2000'. Within 20 to 30 miles: S-dn-7#...... 600-1 600-1 600-1 Within 15 to 20 miles: 165° to 262°—4700'. S-dn-25*__ 400-1 400-1 400-1 165° to 255°—4700'. 262° through N sector to 18°23' N—2500'. A-dn. 800-2 800-2 800-2

Distances and bearings from radar antenna with sector azimuths progressing clockwise. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished, Runway 7: Turn right, and climb to 1500' on R-094 of SJU VOR within 20 miles. Runway 25: turn right, climb to 2000' on R-359 of SJU VOR within 20 miles. Note: Descent below 1200' not authorized until passing 4.6-mile Radar Fix. Radar control will provide 1000' vertical clearance within 3 m it^ 0f the towers: 4049'—20.1 miles 8 and 638'—9 miles SW and 1500' vertical separation within 3 miles of terrain, 2,165'—16 miles SW. #Reduction in landing visibility not authorized. *400-% authorized, exeept for 4-engine turbojet aircraft, with operative high-intensity runway lights. City, San Juan; State, P.R.; Airport name, Puerto Rico International; Elev., O'; Fac. Class., and ident., San Juau Radar; Procedure No. 1, Amdt 3; Efl. date, 6 Aug. 66; Sup. Arndt. No. 2; Dated, 16 Oot. 65 These procedures shall become effective on the dates specified therein. (Secs. 307(c), 313(a), and 601, of the Federal Aviation Act of 1958; 49 U.S.C. 1348(c), 1354(a), 1421; 72 Stat. 749, 752,775) Issued in Washington, D.C., on July 1,1966. J ames F. R udolph, Acting Director, Flight Standards Service. [F.R. Doc. 86-7479; FUed, July 18,1966; 8:45 a.m.J

P ostal P atron, L ocal Title 5— ADMINISTRATIVE Title 39— POSTAL SERVICE A more specific address such as Rural Route Boxholder followed by Local or by the name PERSONNEL Chapter I— Post Office Department of the post office and State may be used. See PART 13— ADDRESSEES § 22.4(b) (1) (vii) of this chapter for the only applicability of this section to second-class Chapter I— Civil Service Commission Simplified Address matter. PART 213— EXCEPTED SERVICE Section 13.4 (a) and (b) is revised to (2) City routes and post office box- permit the omission of an individual’s holders. (i) The individual name and Department of Agriculture name and street address or post office street address or post office box number may be omitted from the address on Section 213.3313 is amended to show box number from the address on official matter relating to general, special, and official matter mailed by any State Gov­ that the positions of One Assistant to the primary elections mailed by a State Gov­ ernment or the Governments of the Dis­ Secretary (Agricultural Programs), One ernment for général distribution at city trict of Columbia and the Common­ Staff Assistant—Program Appraisal, One or village delivery post offices. wealth of Puerto Rico, relating to gen­ Private Secretary and Administrative As the revisions to § 13.4 (a) and (b) eral, special and primary elections when Assistant to the Assistant to the Secre­ relate to a proprietary function of the distribution is to be made to each stop or possible delivery on city or village tary (Agricultural Programs), and One Government, and do not affect substan­ tive rights, advanced notice and public carrier routes, or to each post office box- Assistant to the Secretary (Counsel on rule making procedures, as well as a holder at a post office which has city or Consumer Interests) are no longer ex­ delayed effective date are necessary and village carrier service. The following cepted under Schedule C. Effective on would be contrary to the public interest. forms of address may be use: publication in the F ederal R egister, Accordingly, §13.4 (a) and (b) is revised (a) Postal Patron, Local. subparagraphs (3) (11), (13), and (15) as follows effective upon publication in (b) Residential Patron, Local. (De­ the F ederal R egister. livery desired at residences only.) of paragraph (a) of § 213.3313 are (c) Business Patron, Local. (Deliv­ § 13.4 Simplified address. revoked. ery desired at business addresses only.) (R.S. 1753, sec. 2, 22 Stat. 403, as amended; 5 (a) General distribution without in­ (ii) Pieces must be prepared for mail­ U.S.C. 631, 633; E.O. 10577, 19 F.R. 7521, 3 dividual names and addresses.— (1) ing as prescribed by subparagraph (3) GFR, 1954-1958 Comp., p. 218) Rural route, star route, and post office boxholders. When general distribution of this paragraph and § 24.4(c) of this United States Civil Serv­ of mail is desired for each boxholder on chapter. At least ten days before date ice Commission, a rural or star route or for each family of mailing, the mailer must furnish to the [seal] M art V. W enzel, on a rural route (at any post office) or for postmaster of the post office where the Executive Assistant to all post office boxholders at a post office pieces are to be mailed: the Commissioners. that does not have city or village carrier service, mailers may use the simplified (a) Total number of pieces. [F.R. Doc. 66-7831; Filed, July 18, 1966; address (except as provided in para­ (b) Manner in which postage will be 8:49 a.m.] graph (e) of this section) : paid.

FEDERAL REGISTER, VOL. 31, NO. 138— TUESDAY, JULY 19, 1966 RULES AND REGULATIONS 9741

(c) Names of all letter carrier post 1949 (63 Stat. I ll; 5 U.S.C. 151c and 22 of section 4 of the Administrative Pro­ offices where deliveries will be made, U.S.C. 811(a), as amended, and General cedure Act, and said notice having been and number of pieces for each. Services Administration Delegation of published in the F ederal R egister (31 (d) Proposed date of mailing. Authority No. 410 dated March 30, 1962, F.R. 912) on January 22, 1966; the time (c) A sample of the mailing piece. § 6-75.205 is amended to read as follows : period provided in said notice for filing The postmaster will furnish the mailer § 6—75.205 Diplomatic and consular comments respecting the proposed modi­ a schedule for mailing which must be posts located outside the United fication now having expired, with no followed by the mailer. States. comments having been received; and ap­ proval by the Bureau of the Budget of (3) Preparation requirements, (i) All (a) The authority to execute, award, pieces for the same post office must be the proposed reporting requirements and administer contracts for the expend­ having been obtained pursuant to the re­ tied, so far as practicable, in packages iture of funds involved in the acquisi­ of 50 and a facing slip must be attached quirements of the Federal Reports Act: tion of supplies, equipment, publications, It is ordered, Part 120 of Title 49 of the showing the city route distribution de­ and nonpersonal services, to employ sired, such as: rural route, post office box- Code of Federal Regulations be amended aliens by contract for services abroad by adding § 120.9, reading as follows: holder. If the pieces are put up in under 5 U.S.C. 170g(c), and for the sale quantities other than 50 Tor each separa­ of personal property not purchased with § 120.9 Glass I Railroads. tion, the number of pieces must be shown funds of Foreign Buildings Operation or (a) Commencing with reports of on the facing slips. Office of Refugee and Migration Affairs, transactions occurring on August 1,1966, (ii) If selective distribution is desired, is delegated to the Chief of Missions, and thereafter until further order, each a sufficient number of pieces must be Principal Officers, Administrative Offi­ Class I railroad as described in § 126.1 presented to cover the route or routes cers, and General Services Officers. of this chapter, subject to Part I of the selected and the route numbers must be (b) This authority may be redelegated Interstate Commerce Act, shall be re­ shown on the facing slips. to employees of the Foreign Service who quired to file with the Interstate Com­ (iii) For other than official mailings are citizens of the United States and, in merce Commission a duplicate copy of under penalty or Postage and Fees Paid the case of joint or consolidated admin­ any statement to the Securities and Ex­ imprint (see § 27.2 of this chapter), istrative operations, to employees of U.S. change Commission concerning benefi­ postage at the proper rate must be fully Government agencies who are citizens of cial ownership or change in beneficial prepaid by a method that does not re­ the United States. ownership of equity securities of any quire cancellation: by permit imprints, (c) Direct transactions with vendors other carrier subject to economic regula­ second-class imprints, meter stamps, or within the United States shall not exceed tion under Parts I, H, and IH of the In­ by means of precanceled stamps, pre­ $2,500 per transaction unless such pur­ terstate Commerce Act, or any freight canceled stamped envelopes, or precan­ chase is under a contract executed by the forwarder subject to such regulation un­ celed postal cards. Department of State, the General Serv­ der Part IV of said Act, when any such (iv) Designations such as Farmer, ices Administration or other U.S. Gov­ Food Buyer, Voter, are not permitted. statement is required to be filed with ernment Agency. the Securities and Exchange Commission (b) Occupant address. To address (d) No authority is delegated to au­ pursuant to section 16(a) of the Securi­ mail to a specific street number without thorize a cost, cost-plus-a-fixed-fee, or addressing the occupant by name, or to ties Exchange Act of 1934; as amended, a post office box without addressing the a n y other cost type contract. or regulations thereunder. boxholder by name, the following style Dated: July 6,1966. (b) Such duplicate copy shall be filed in the Bureau of Accounts, Interstate may be used (except as provided in para­ For the Secretary of State. graph (d) of this section): Commerce Commission, Washington, William J. Crockett, D.C. 20423, on or before the date speci­ Postal Patron (or Occupant, Householder, fied in the above-designated statute or Resident, etc.) Deputy Under Secretary for Administration. regulations thereunder. (Sec. 12, 24 Stat. 383, as amended; 49 U.S.C. (Street and Number, Including Apartment [F.R. Doc. 66-7793; Filed, July 18, 1966; 12) Number, if Any, or Post Office box number) 8:46 am.] It is further ordered, Part 205 of Title 49 of the Code of Federal Regulations be (Post Office and State, or Local, and ZIP amended by adding § 205.5, reading as Code) Title 49— TRANSPORTATION follows: * * * * * Chapter I— Interstate Commerce § 205.5 Class I Motor Carriers. T*le corresponding Postal Manual Commission sections are 123.41 and 123.42. ' (a) Commencing with reports of (hS. 161, as amended; 5 UJS.C. 22, 39 U.S.C. SUBCHAPTER B— CARRIERS BY MOTOR VEHICLE transactions occurring on August 1,1966, [No. 34695] and thereafter until further order, each T imothy J. May, Class I motor carrier, as described in General Counsel. PART 120— ANNUAL, SPECIAL, OR §§ 181.02-1 and 182.01-1 of this chapter, 14, 1966. PERIODICAL REPORTS subject to Part II of the Interstate Com­ PART 205— REPORTS OF MOTOR merce Act, shall be required to file with (FÄ. Doc. 66-7795; Filed, July 18, 1966; the Interstate Commerce Commission a 8:46 a.m.] CARRIERS duplicate copy of any statement to the Filing of Special Reports by Class I Securities and Exchange Commission Railroads and Motor Carriers concerning beneficial ownership or change in beneficial ownership of equity Title 41— PUBUC CONTRACTS At a general session of the Interstate securities of any other carrier subject to Commerce Commission, held at its office economic regulation under Parts I, n , AND PROPERTY MANAGEMENT in Washington, D.C., on the 23d day of and III of the Interstate Commerce Act, Chapter 6——Department of State March 1966. or any freight forwarder subject to such There being under consideration a regulation under Part IV of said Act, [Departmental Reg. 108.534] modification of existing rules relating to when any such statement is required to PART 6-75— DELEGATIONS OF reporting requirements applicable to be filed with the Securities and Exchange PROCUREMENT AUTHORITY common carriers by railroad, subject to Commission pursuant to section 16(a) Part I of the Interstate Commerce Act, of the Securities Exchange Act of 1934, Diplomatic and Consular Posts Lo- and by motor carriers, subject to Part n as amended, or regulations thereunder. ca e” Outside the United States of the Act; an appropriate notice of pro­ (b) Such duplicate copy shall be filed posed rule making in respect of such in the Bureau of Accounts/ Interstate SecrAf!r^Uei>^ ^e authority vested in the modification having been given on Janu­ Commerce Commission, Washington, etary of state by the Act of May 26, ary 19, 1966, pursuant to the provisions D.C. 20423, on or before the date speci-

FEDERAL REGISTER, VOL. 31, NO. 138— TUESDAY, JULY 19, 196* 9742 RULES AND REGULATIONS fled in the above-designated statute or regulation thereunder. (Sec. 204, 49 Stat. 546, as amended; 49 U.S.C. 304) It is further ordered, That this/Order shall become effective July 15, 1966; and It is further ordered, That notice of this order shall be given to the general public by depositing a copy in the Office of the Secretary of the Commission and by filing a copy with the Director, Office of the Federal Register. By the Commission. [seal] H. Neil Garson, Secretary. [F.R. Doc. 66-7832; Filed, July 18, 1966; 8:49 a.m.]

FEDERAL REGISTER, VOL. 31, NO. 138— TUESDAY, JULY 19, 1966 9743 Proposed Rule Making

Internal Revenue Service such transfer the transferor or transferors DEPARTMENT OF THE TREASURY are in control of such transferee corporation [ 26 CFR Part 1 3 during any part of the taxable year of such Bureau of Customs transferee corporation, then for such taxable INCOME TAX year of such transferee corporation the Sec­ [ 19 CFR, Part 19 3 retary or his delegate may [ (except as may be CUSTOMS WAREHOUSE OFFICERS Disallowance of Surtax Exemption otherwise determined under subsection and Accumulated Earnings Credit (d)) ] [sic] disallow the surtax exemption Reimbursable Compensation (as defined in section 11(d), or the $100,000 Notice is hereby given, pursuant to the accumulated earnings credit provided in Section 19.5(b) of the Customs Regu­ Administrative Procedure Act, approved paragraph (2) or (3) of section 535(c), un­ lations which relates to reimbursable June 11, 1946, that the regulations set less such transferee corporation shall es­ charges for the services of customs ware­ forth in tentative form below are pro­ tablish by the clear preponderance of the house officers or customs employees tem­ evidence that the securing of such exemp­ porarily assigned to act as customs ware­ posed to be prescribed by the Commis­ tion or credit was not a major purpose of house officers at a customs bonded ware­ sioner of Internal Revenue, with the ap­ such transfer. house, provides that such charges shall proval of the Secretary of the Treasury (b) Control. For purposes of subsection be made in multiples of 1 hour after or his delegate. Prior to the final adop­ (a), the term “control” means— the first hour, fractional parts of the tion of such regulations, consideration (1) With respect to a transferee corpora­ will be given to any comments or sug­ tion described in subsection (a) (1) or (2) , last hour of less than 30 minutes to be gestions pertaining thereto which are the ownership by the transferor corporation, disregarded. The Government pays such submitted in writing, in duplicate, to the its shareholders, or both, of stock possess­ customs employees in multiples of 1 hour ing at least 80 percent of the total combined after the first hour but fractional parts Commissioner of Internal Revenue, At­ voting power of all classes of stock entitled of the last hour are counted as 1 hour tention: CC:LR:T, Washington, D.C. to vote or at least 80 percent of the total when the work is performed during a 20224, within the period of 30 days from value of shares of all classes of the stock; regularly scheduled tour of duty of the the date of publication of this notice in or the F ederal R egister. Any person sub­ (2) With respect to each corporation de­ employee or, when the employee has no scribed in subsection (a)(3), the ownership regularly scheduled tour of duty, between mitting written comments or suggestions who desires an opportunity to comment by the five or fewer individuals described in the hours of 8 a.m. and 5 p.m. on week­ such subsection of stock possessing— days. It is proposed to provide for reim­ orally at a public hearing on thesqpro- (A) At least 80 percent of the total com­ bursement for such services on the basis posed regulations should submit his re­ bined voting power of all classes of stock on which payment is made by the Gov­ quest, in writing, to the Commissioner entitled to vote or at least 80 percent of ernment to such employees. within the 30-day period. In such case, the total value of shares of all classes of Accordingly, notice is hereby given that a public hearing will be held, and notice the stock of each corporation, and of the time, place, and date will be pub­ (B) More than 50 percent of the total under the authority of sections 555 and combined voting power of ail classes of stock 624 of the Tariff Act of 1930 (19 U.S.C. lished in a subsequent issue of the F ed­ eral R egister. The proposed regula­ entitled to vote or more than 50 percent of 1555, 1024), it is proposed to amend the total value of shares of all classes of § 19.5(b) as set forth in tentative form tions are to be issued under the authority stock of each corporation, taking into ac­ below: contained in section 7805 of the Internal count the stock ownership of each such in­ The third sentence of § 19.5(b) is Revenue Code of 1954 (68A Stat. 917; 26 dividual only to the extent such stock owner­ U.S.C. 7805). ship is identical with respect to each such amended to read as follows: “The time corporation. charged shall include any time within [seal] S heldon S. Cohen, the regular working hours of the em­ Commissioner of Internal Revenue. For purposes of this subsection, section ployee required for travel between th e, 1563(e) shall apply in determining the own­ duty assignment and the place where In order to conform the Income Tax ership of stock. Regulations (26 CFR Part 1) under sec­ (c) Authority of the Secretary under this the employee is regularly employed ex­ section. The provisions of section 269(b), cluding lunch periods, charged in multi­ tion 1551 of the Internal Revenue Code and the authority of the Secretary under ples of l hour, any fractional part of of 1954 to certain provisions of section such section, shall, to the extent not incon­ &u hour to be charged as 1 hour when 235(b) of the Revenue Act of 1964 (78 sistent with the provisions of this section, the services are performed during the Stat. 125), such regulations are amended be applicable to this section. regularly-scheduled tour of duty of the as follows: [Sec. 1551 as amended by sec. 205(a), Small wfa^eh°use officer or between the hours P aragraph 1. Section 1.1551 is amended Business Tax Revision Act 1968 (72 Stat. or 8 a.m. and 5 p.m. on weekdays when to read as follows: 1680); sec. 235(b), Rev. Act 1964 (78 Stat. the officer has no regularly-scheduled 125)] tour of duty.” § 1.1551 Statutory provisions; disallow­ ance of surtax exemption and ac­ P ar. 2. Section 1.1551-1 is amended to This notice is published pursuant to cumulated earnings credit. read as follows: Anl Administrative Procedure Mrtr. ^ U S-C. /1003). Prior to final ac- Sec. 1551. Disallowance of surtax exempt § 1.1551—1 Dissallowance of surtax ex­ h on the proposal, consideration will tion and accumulated earnings credit—(a) emption and accumulated earnings lit general. If— credit. n».m 61? any data, views, or arguments (1) Any corporation transfers, on or after In n^?-lng thereto which are submitted January 1, 1951, and on or before June 12, (a) In general. If— Jf^ting to the Commissioner of Cus- 1963, all or part of its property (other than (1) Any corporation transfers, on or Washington, D.C., and received not money) to a transferee corporation, after January 1,1951, and before June 13, lino« ^ an ^ days from the date of pub- (2) Any corporation transfers, directly or 1963, all or part of its property (other R^ on °t this notice in the Federal indirectly, after June 12, 1963, all or part of than money) to a transferee corporation, kegister. No hearings will be held. its property (other than money) to a trans­ feree corporation, or (2) Any corporation transfers, directly [seal] Lester D. J ohnson, (3) Five or fewer individuals who are in or indirectly, after June 12, 1963, all or Commissioner of Customs. control of a corporation transfer, directly or part of its property (other than money) Approved: July 8, 1966. indirectly, after June 12, 1963, property to a transferee corporation, or (other than money) to a transferee (3) Five or fewer individuals are in True Davis, corporation, Assistant Secretary of control of a corporation and one or more the Treasury. and the transferee corporation was created of them transfer, directly or indirectly, for the purpose of acquiring such property after June 12,1963, property (other than P-R' Doc‘ 66-7826; Piled, July 18, 1966; or was not actively engaged In business at money) to a transferee corporation, and 8:49 a.m.] the time of such acquisition, and if after the transferee was created for the pur- FEDERAL REGISTER, VOL. 31, NO. 138— TUESDAY, JULY 19, 1966 9744 PROPOSED RULE MAKING pose of acquiring such property or was other purposes, Similarly, for purposes before January 1,1951 (the effective date not actively engaged in business at the of this section, a corporation engaged in of section 1551(a) (1)), or June 13, 1963 time of such acquisition, and if after winding up its affairs, prior to an acqui­ (the effective date of section 1551(a) such transfer the transferor or trans­ sition to which section 1551 is applicable, (2) and (3)). ferors are in control of the transferee is not considered to be “actively engaged (3) Example. This paragraph may during any part of the taxable year of in business.” be illustrated by the following example; the transferee, then for such taxable year (e) Meaning and application of the E x a m p l e . Oh January 1, 1964, individual of the transferee the Secretary or his term “control”—(1) In general. For A, who owns 50 percent of the voting stock delegate may disallow the surtax exemp­ purposes of this section, the term “con­ of corporation X, and individual B, who tion defined in section 11(d) or the trol” means— owns 30 percent of such voting stock, transfer $100,000 accumulated earnings credit (1) With respect to a transferee cor­ property (other than money) to corporation provided in paragraph (2) or (3) of sec­ Y (newly created for the purpose of acquir­ poration described in paragraph (a) (1) ing such property) in exchange for all of tion 535(c), unless the transferee estab­ or (2) of this section, the ownership by Y’s voting stock. After the transfer, A and lishes by the clear preponderance of the the transferor, corporation, its share­ B own the voting stock of corporations X evidence that the securing of such ex­ holders, or both, of stock possessing and Y in the following proportions: emption or credit was not a major pur­ either (a) at least 80 percent of the total pose of the transfer. combined voting power of all classes of Individual Corporation Corporation Identical (b) Purpose of section 1551. The pur­ stock entitled to vote, or (b) at least 80 X Y ownership pose of section 1551 is to prevent avoid­ percent of the total value of shares of all ance or evasion of the surtax imposed classes of stock. A...... 50 30 30 by section 11(c) or of the accumulated (ii) With respect to each corporation B...... 30 50 30 earnings tax imposed by section 531. It described-in paragraph (a) (3) of this Total___ 80 80 60 is not intended, however, that section section, the ownership by five or fewer 1551 be interpreted as delimiting or ab­ individuals of stock possessing (a) at The transfer of property by A and B to cor­ rogating any principle of law established least 80 percent of the total combined poration Y is a transfer described in para­ by judicial decision, or any existing pro­ voting power of all classes of stock en­ graph (a) (3) of this section since (i) A and visions of the Code, such as sections 269 titled to vote or at least 80 percent of the B own at least 80 percent of the voting and 482, which have the effect of pre­ total value of shares of all classes of the stock of corporations X and Y, and (ii) tak­ venting the avoidance or evasion of in­ ing into account each such individual’s stock stock of each corporation, and (b) more ownership only to the extent such ownership come taxes. Such principles of law and than 50 percent of the total combined is identical with respect to each such cor­ such provisions of the Code, including voting power of all classes of stock en­ poration, A and B own more than 50 percent section 1551, are not mutually exclusive, titled to vote or more than 50 percent of the voting stock of Corporations X and Y. and in appropriate cases they may of the total value of shares of all classes (f) Taxable year of allowance or dis­ operate together or they may operate of stock of each corporation, taking into separately. allowance—(1) In general. The district account the stock ownership of each such director’s authority with respect to cases (c) Application of section 269(b) to individual only to the extent such stock cases covered by section 1551. The pro­ covered by section 1551 is not limited-to ownership is identical with respect to the taxable year of the transferee cor­ visions of section 269(b) and the au­ each such corporation. thority of the district director there­ poration in which the transfer of prop­ (2) Special rules. In determining for erty occurs. Such authority extends to under, to the extent not inconsistent purposes of this section whether stock the taxable year in which the transfer with the provisions of section 1551, are possessing at least 80 percent (or more occurs or any subsequent taxable year applicable to cases covered by section than 50 percent in the case of subpara­ of the transferee corporation if, during 1551. Pursuant to the authority pro­ graph (1) (ii) (b) of this paragraph) of any part of such year, the transferor or vided in section 269(b) the district di­ the total combined voting power of all rector may allow to the transferee any transferors are in control of the trans­ classes of stock entitled to vote is owned, feree. part of a surtax exemption or accumu­ all classes of such stock shall be con­ (2) Examples. This paragraph may lated earnings credit for a taxable year sidered together; it is not necessary that be illustrated by the following examples: for which such exemption or credit at least 80 percent (or more than 50 would otherwise be disallowed under sec­ percent) of each class of voting stock E x a m p l e ( 1 ). On January 1, 1955, corpo- tion 1551(a) ; or he may apportion such be owned. Likewise, in determining for ation D transfers property (other than exemption or credit among the corpora­ noney) to corporation E, a corporation not purposes of this section whether stock actively engaged in business at the time of tions involved. For example, corpora­ possessing at least 80 percent (or more ;he acquisition of such property, in exchange tion A transfers on January 1, 1955, all than 50 percent) of the total value of tor 60 percent of the voting stock of E. of its property to corporations B and C shares of all classes of stock is owned, ng a later taxable year of E, corporation in exchange for all of the stock of such all classes of stock of the corporation inquires an additional 20 percent gf sue corporations. Immediately thereafter, shall be considered together; it is not noting stock. As a result of such additional corporation A is dissolved and its stock­ necessary that at least 80 percent (or inquisition, D owns 80 percent of the voting holders become the sole stockholders of more than 50 percent) of the value of stock of E. Accordingly, section 1551 (a)(fl corporations B and C. Assuming that s applicable for the taxable year in wmen shares of each class be owned. The fair she later acquisition of stock occurred corporations B and C are unable to estab­ market value of a share shall be con­ 'or each taxable year thereafter in w lish by the clear preponderance of the sidered as the value to be used for pur­ ;he requisite control continues. evidence that the securing of the surtax poses of this computation. With respect E x a m p l e (2). On June 20, 1963, indhnd- exemption defined in section 11(d) or to transfers described in paragraph (a) lal A, who owns all of the stock of co^f~ the accumulated earnings credit provided (2) or (3) of this section, the ownership •ation X, transfers property (other tnau in section 535, or both, was not a major of stock shall be determined in accord­ noney) to corporation Y, a corporation purpose of the transfer, the district di­ ance with the provisions of section ictively engaged in business at the rector is authorized under sections 1551 she acquisition of such property, in^ cb“ f. 1563(e) and the regulations thereunder. ’.o r 60 percent of the voting stock of *• (c) and 269(b) to allow one such exemp­ With respect to transfers described in ng a later taxable year of Y, A acqui tion and credit and to apportion such paragraph (a) (1) of this section, the tdditional 20 percent of such voting exemption and credit between corpora­ ownership of stock shall be determined Vfter such acquisition A. owns a t ^ tions B and C. in accordance with the provisions of >ercent of the voting stock of cor p o ,, « » £ and Y. Accordingly, section 1551 (aH h (d) Actively engaged in business. For section 544 and the regulations there­ s applicable for the taxable year in wn purposes of this section, a corporation under, except that constructive owner­ she later acquisition of stock occurr maintaining an office for the purpose of ship under section 544(a)(2) shall be tor each taxable year thereafter in preserving its corporate existence is not determined only with respect to the indi­ she requisite control continues. considered to be “actively engaged in vidual’s spouse and minor children. In E x a m p l e (3). Individuals A and B ^ business” even though such corporation determining control, no stock shall be >wns 50 percent of the stock of corp may be deemed to be “doing business” for excluded because such stock was acquired £. On January 15, 1964, A transfers prop

FEDERAL REGISTER, VOL. 31, NO. 138— TUESDAY, JULY 19, 1966 PROPOSED RULE MAKING 9745 erty (other than money) to corporation T trolled transferee corporation, the trans­ either such exemption or credit or both (newly created by A for the purpose of ac­ fer is within the scope of section 1551(a) was not “a major purpose” of the trans­ quiring such property) in exchange for all the stock of Y. In a subsequent taxable (3) notwithstanding that the other in­ fer may be met, for example, by showing year of Y, individual B buys 50 percent of dividuals transfer nothing or transfer that the obtaining of such exemption, the stock which A owns in Y (or he trans­ only money. or credit, or both, was not a major factor fers money to Y in exchange for its stock, (4) Examples. This paragraph mayin relationship to the other consideration as a result of which he owns 50 percent of be illustrated by the following examples: or considerations which prompted the Y’s stock), Immediately thereafter the transfer. stock ownership of A and B in corporation_Y E x a m p l e (1). Individuals A and B each, is identical to their stock ownership in cor­ owns 50 percent of the voting stock of cor­ [F.R. Doc. 66-7775; Filed, July 18, 1966; poration X. Accordingly, section 1551(a) (3) poration X. On January 15, 1964, A and B 8:45 a.m.] is applicable for the taxable year in which B each acquires property (other than money) acquires stock in corporation Y (see para­ from X and, as part of the same transaction, graph (g) (3) of this section) and for each each transfers such property to his wholly [ 26 CFR Part 1 1 taxable year thereafter in which the requisite owned corporation (newly created for the purpose of acquiring such property). A and INCOME TAX control continues. Moreover, if B’s acquisi­ B retain substantial continuing interests in tion of stock in Y is pursuant to a pre­ corporation X. The transfers to the two Expenses for Education existing agreement with A, A’s transfer to Y newly created corporations are within the and B’s acquisition of Y’s stock are con­ Correction sidered a single transaction and section scope of section 1551(a)(2). E x a m p l e (2). Corporation W organizes In F.R. Doc. 66-7378, appearing at 1551(a)(3) also would be applicable for the corporation X, a wholly owned subsidiary, taxable year in which A’s transfer to Y took for the purpose of acquiring the properties page 9276 of the issue for Thursday, July place and for each taxable year thereafter in of corporation Y. Pursuant to a reorganiza­ 7, 1966, the third sentence of Example which the requisite control continues. tion qualifying under section 368(a) (1) (C), (3), in § 1.162-5(f), should read as fol­ (g) Nature of transfer—(1) Corporate substantially all of the properties of cor­ lows: “Since C took these courses in or­ transfers before June 13,1963. A trans­ poration Y are transferred on June 15, 1963, der to fulfill the educational require­ fer made before June 13, 1963, by any to corporation X solely in exchange for vot- ments of his employer and the expenses Jng stock 1963, by five or fewer the major considerations that prompted pended balance of $11,536.91 on hand whPt>,lUals a transferee corporation, the transfer. Thus, the securing of the with said Control Agency on January 1, undpr 0r n°t such transfer qualifies surtax exemption or the accumulated 1966, from assessments collected during thP rv^ne or more other provisions of earnings credit may constitute “a major the calendar year 1965, leaving a balance within £ (for example, section 351), is purpose” of the transfer, notwithstand­ of $31,528.09 to be collected during the excfSì scope of section 1551(a)(3) ing that such transfer was effected for a calendar year 1966. anniv tn aî section 155i(a) (3) does not valid business purpose and qualified as a (b) Rates of assessment. Of the if onp ìransfer of money only. Thus, reorganization within the meaning of amount of $31,528.09 to be collected dur­ are in »? Fv<; or fewer individuals who section 368. The taxpayer’s burden of ing the calendar year 1966, the sum of .con^r°l of a corporation transfers establishing by the clear preponderance $26,767.35 shall be assessed against han­ r y (other than money) to a con- of the evidence that the securing of dlers who are manufacturers, and

No. 138- FEDERAL REGISTER, VOL. 31, NO. 138— TUESDAY, JULY 19, 1966 9746 PROPOSED RULE MAKING

$4,760.74 shall be assessed against han­ required minimum geographic separa­ 8. In accordance with the provisions of dlers who are wholesalers. The pro rata tion between stations operating on Chan­ § 1.419 of the Commission’s rules and share of the expenses of the Control nels 21 and 29 is 26 miles. Under the regulations, an original and 14 copies of Agency to be paid for the calendar year Commission rules the reference points all written comments, reply comments, 1966 by each handler who is a manu­ for the computation of distances are the pleadings, briefs, or other documents facturer shall be $23.20 for each $10,000 transmitter sites specified in a construc­ shall be furnished the Commission. or fraction thereof of serum and virus tion permit or license or where no au­ sold by such handler during the calen­ thorization has been granted, a standard Adopted: July 13,1966. dar year 1965 and the pro rata share of reference point, usually the main Post Released: July 14,1966. such expenses to be paid for the calendar Office location in the city where the year 1966 by each handler who is a whole­ F ederal Communications channel is assigned in the Table of As­ Co m m issio n,1 saler shall be $25 for the first $10,000 or signments. The distance between the fraction thereof and $3.56 for each addi­ [ seal] B en F. Waple, Channel 21 site in Forth Worth and the Secretary. tional $10,000 or fraction thereof of standard reference point in Dallas is serum and virus sold by such handler. 24 l/z miles, 4% miles over the required [F.R. Doc. 66-7819; Filed, July 18, 1966; Such assessments shall be paid by each separation. 8:48 a.m.] respective handler in accordance with 3. Maxwell Electronics Corp. (BPCT- the applicable provisions of the market­ 3487) and D. H. Overmyer Communi­ ing agreement and order. cations Co. (BPCT-3463) are competing [ 47 CFR Part 871 (c) Terms. As used herein, the termsapplicants for Channel 29 assigned to [Docket No. 16755, RM-942; FCC 66-628] “handler,” “manufacturer,” “whole­ Dallas. The sites specified in both appli­ saler,” “virus,” and “serum” shall have cations are approximately 17 miles AVIATION SERVICES the same meaning as is given to each southwest of the Dallas standard refer­ Use of Single Sideband Operation such term in said marketing agreement ence point and only 18 miles from the by Civil Air Patrol Stations and marketing order. KFWT transmitter site, 2 miles short Interested parties may obtain copies of the required 20 miles. The site is also 1. Notice of proposed, rule making in of the budget mentioned herein from the only 71 miles from the Waco, Tex., stand­ the above-entitled matter is hereby given. Executive Secretary of the Control ard reference point. Channel 44 is as­ 2. The Civil Air Patrol (CAP), a Agency, 714 Veterans of Foreign Wars signed to Waco and the required mini­ civilian adjunct to the U.S. Air Force, has Building, Kansas City, Mo. 64111. mum geographic separation between filed a petition for rule making request­ All persons who desire to submit writ­ Channels 29 and 44 is 75 miles. ing that the rules governing CAP sta­ ten data, views or arguments in connec­ 4. On June 1, 1966, and in a supple­ tions be amended to provide for the regu­ tion with the aforesaid consideration ment on June 3, 1966, D. H. Overmyer lar use of single sideband (SSB) opera’ shall file the same with the Hearing Communications Co., Dallas, Tex., filed tions. Clerk, Room 112, Building A, U.S. De­ a petition for rule making, RM-980, de­ 3. The rules presently do not provide partment of Agriculture, Washington, signed to solve both the above-mentioned for any SSB operation by CAP stations. D.C. 20250, not later than the close of shortages and eliminate the comparative In the other Aviation Services, operation business on the thirtieth (30th) day after hearing which would be necessary on the with carrier suppressed more than 6 db the publication of this notice in the two competing applications for Channel below peak envelope power (types 3A3A F ederal R egister. All documents shall 29 at Dallas, by adding Channels 27 and and 3A3J) may be authorized but only on be filed in quadruplicate. All written 33 to Dallas, and deleting Channel 29 as a developmental basis except for stations submissions made pursuant to this no­ follows; operating in the aeronautical fixed sen- tice will tje made available for public ice. This restriction is necessary to in­ inspection at the office of the Hearing sure compatibility of operation with ex­ Channel No. Clerk during regular business hours (7 City isting double sideband equipment in air- CFR 1.27(b)'). ground operations. Since Civil Air Patrol Delete Add (49 Stat. 781; 7 UJ3.C. 851 et seq.) radio operations are in controlled and directed nets using Air Force frequencies Issued this 13th day of July 1966. Dallas, Tex______29 27,33 compatibility outside CAP is not a factor. Tyler, Tex______27 14 R. J. Anderson, Lawton, Okla______*27 *36 The present proposal is limited to CAP Deputy Administrator, stations and it should not cause any effect Agricultural Research Service. on or conflict with any other radio serv­ Petitioner points out that not only will ices. The use of SSB will be permissive. [F.R. Doc. 66-7796; Filed, July 18, 1966; the above amendments solve the shortage 4. CAP stations in many instances use 8:46 a.m.] problem and eliminate the need for a military surplus radio equipment which lengthy and costly hearing, but that the is of early World War II vintage. The large and growing city of Dallas (popula­ present proposal should encourage the tion 679,684) needs and merits the ad­ procurement of more modem equipment FEDERAL COMMUNICATIONS ditional UHF assignment. and help advance the state of the art m 5. We are of the view that comments CAP operations. COMMISSION should be invited on the above-outlined 5. The proposed amendments to tne proposal in order that all interested rules, as set forth below, are issued pur­ [ 47 CFR Part 73 1 parties may submit their views and rel­ suant to the authority contained in Sec­ [Docket No. 16763, RM-980; FCC 66-638] evant data. tions 4(i) and 303(e), (f), and (r) of _tne 6. Authority for adoption of the Communications Act of 1934, as amended. TV BROADCAST STATIONS, DALLAS amendments proposed herein is con­ 6. Pursuant to applicable procedures AND TYLER, TEX., AND LAWTON, tained in sections 4(i), 303, and 307(b) set forth in § 1.415 of the Commissions OKLA. of the Communications Act of 1934, as rules, interested persons may file com­ ments on or before August 22, 1966, an Table of Assignments amended. 7. Pursuant to applicable procedures reply comments on or before SeptemD 1. Notice is hereby given of proposed set out in § 1.415 of the Commission’s 1, 1966. All relevant and timely com­ rule making in the above-entitled rules and regulations interested parties ments and reply comments will be con­ matter. may file comments on or before August sidered by the Commission before nnaj 2. Trinity Broadcasting Co. (KFWT) 22,1966, and reply comments on or before action is taken in this proceeding, holds a construction permit for Channel September 1, 1966. All submissions by reaching its decision in this proceeding 21 assigned to Fort Worth, Tex., specify­ parties to this proceeding, or by persons the Commission may also take imo » ‘ ing a site 6% miles east of the Fort acting on behalf of such parties, must be count other relevant information bei Worth Post Office. Channel 29 is pres­ made in written comments, reply com­ ently assigned to Dallas, Tex., and the ments or other appropriate pleadings. 1 Commissioner Johnson absent.

FEDERAL REGISTER, VOL. 31, NO. 138— TUESDAY, JULY 19, 1966 PROPOSED RULE MAKING 9747

it, in addition to the specific comments quency is limited to stations in the fol­ PART 703— GRANTS TO STATES FOR invited by this notice. lowing states: COMPREHENSIVE WATER AND RE­ 7. In accordance with the provisions of § 1.419 of the Commission’s rules, an Colorado. Montana. LATED LAND RESOURCES PLAN­ Idaho. Ohio. NING original and 14 copies of all statements, Illinois. Utah. briefs or comments filed shall be fur­ Indiana. Wisconsin. § 703.1 Purpose. nished the Commission. Kentucky. Wyoming. Michigan, (a) This part sets forth the regula­ Adopted: July 13,1966. tions that apply to Water Resources (f) 4630 kc/s, Al, FI, A3, A3A, A3H, Released: July 14,1966. Couneil grants to the States for com­ A3 J emission, 400 watts maximum power. prehensive water and related land re­ F ederal Communications Assignment of this frequency is limited sources planning as authorized by Title Commission,1 to stations in the following states: IH of the Water Resources Planning [seal] B e n F.W aple, Arizona. New Mexico. Act (P.L. 89-80 ; 79 Stat. 244). Secretary. Arkansas. Oklahoma. (b) The purpose of Title i n of the 1. Footnote 2 to the table in § 87.67 Louisiana. Texas. Act is to encourage increased: (b)(1) is amended to read as follows: * * * * • (1) State participation in Federal- [P.R. Doc. 66-7820; Piled, July 18, 1966; State comprehensive water and related 9 Operation with carrier suppressed more land resources planning; than 6 db below peak envelope power (types 8:48 a.m.] 3 A3 A and 3A3J) may be authorized only on (2) State preparation of plans in a developmental basis except for Civil Air harmony with regional and national Patrol stations and stations operating in the plans and programs for the development aeronautical fixed service. 3A3A, 3A3H and WATER RESOURCES COUNCIL and use of a State’s water and related 3A3J emissions will be authorized only below land resources; 25,000 kc/s. [ 18 CFR Ch. VI ] (3) State training of personnel, where necessary, to develop additional tech­ 2. Paragraphs (a) through (f) of nical planning capability. § 87.513 áre amended to read as follows: GRANTS TO STATES FOR WATER AND RELATED LAND RESOURCES PLAN­ § 703.2 Definitions. § 87.513 Frequencies available. NING The following frequencies are avail­ All terms used in this part shall have able for assignment to Civil Air Patrol Notice of Proposed Rule Making the meaning given to them in the Water land and mobile stations within the Resources Planning Act, or as follows: Notice is hereby given that the Water (a) “Augmented planning” means an United States, its territories and posses­ Resources Council, under the authority sions, except as otherwise provided in Increase in planning of water and re­ contained in section 402, 79 Stat. 244, lated land resources undertaken by a this Section. 42 U.S.C. 1962, proposes to add a new (a) 2374 kc/s, Al, A2, A3, A3A, A3H, State in response to the Act, measured Chapter VI to Title 18 of the Code of by the increased expenditures of non- A3J emission, 400 watts maximum power. Federal Regulations, as set forth in part (b) 4467.5 kc/s, Al, A2, A3, A3A, A3H, Federal funds for comprehensive water below. and related land resources planning. A3J emission, 400 watts maximum power. The proposed new Part 703 would es­ Assignment of this frequency is limited The non-Federal expenditure for match­ tablish rules and regulations under which ing purposes under the Act is the in­ to stations in the District of Columbia States may apply for grants from the and the following States: crease above the expenditure for the Water Resources Council to carry out 12-month period ending June 30,1965. Alabama. New Jersey. Connecticut. New York. comprehensive water and related land (b) *“Act” means the Water Resources Delaware. North Carolina. resources planning on an accelerated Planning Act (79 Stat. 244). Florida. Pennsylvania. basis. (c) “Comprehensive water and related Georgia. Rhode Island. land resources planning” means with Maine. South Carolina. Interested persons are invited to sub­ respect to any State, planning which is Maryland. Tennessee. mit written comments, suggestions or geographically comprehensive (not nec­ Massachusetts. Vermont. objections regarding the proposed rules essarily statewide) consistent with effec­ Mississippi. Virginia. New Hampshire. West Virginia. and regulations to the Executive Direc­ tive regional planning; which deals with tor, Water Resources Council, 1025 two or more water and related land re­ (c) 4507.5 kc/s, Al, A2, A3, A3A, A3H Vermont Avenue NW., Washington, D.C. sources purposes or activities, and the aw emission, 400 watts maximum power, many public agencies and private inter­ «ssigmnent of this frequency is limited 20005, within 30 days after date of publi­ ests that can provide for them; and stations in the following states: cation of this notice in the F ederal which takes into consideration all perti­ Arizona. Montana. R egister. nent resource values, including preserva­ Arkansas. Nebraska. Public discussions concerning the pro­ tion as well as development values. California. Nevada. Such planning may be intra-State, in­ Colorado. New Mexico. posed regulations will be held on Monday, Idaho. August 1,1966, at 10 a.m., P.d.t., in Room volving two or more municipal bodies Olinola. North Dakota. (cities, towns, villages, counties), rural Ohio. 1194, California State Building Annex, Indiana. Oklahoma. districts, or combinations thereof; or in­ Iowa. Oregon, 455 Golden Crate Avenue, San Francisco, terstate in nature (ordinarily on a water­ Kansas. Calif., on Wednesday, August 3, 1966, at shed or river basin basis). Kentucky.. South Dakota. Louisiana. Texas. 10 a.m., c.d.t. in the Shemton-Fontenelle (d) “Council” means the Water Re­ Utah. sources Council established by section Michigan. Washington. Hotel, 18th and Douglas Streets, Omaha, Minnesota, Nebr., on Friday, August 5, 1966, at 1:30 101 of the Water Resources Planning Act. Missouri. Wisconsin. (e) “Executive Director” means the Wyoming. p.m., e.d.t., in Suite 900, Office of the principal executive officer of the Water A3JLi58? kc/S' A l* A3’ A3A* A31 Water Resources Council, 1025 Vermont Resources Council. 4W) watts maximum powe Avenue NW., Washington, D.C. (f) “Fiscal year” means a 12-month period beginning on July 1. A3H At6T°2'5« k.c/s’ A1- P1’ A3* A3^ H enry P. Caulfield, Jr., iinum em*ssl°n» 400 watts power mas (g) “Land area of a State” means the Power. Assignment of this fre Executive Director, Water Resources Council. land and inland water area of a State as defined and set forth in Table 3 on pages Commissioner Johnson absent. J u l y 1 9 ^ 1 9 6 6 . 263-264 of Boundaries of the United

FEDERAL REGISTER, VOL. 31, NO. 138— TUESDAY, JULY 19, 1966 9748 PROPOSED RULE MAKING

States and the Several States, Geological (b) On or about July 1 of each fiscal of this section, and § 703.5, and shall also Survey Bulletin 1212, U.S. Government year, the Council shall publish a tabu­ include but not be limited to any addi­ Printing Office, Washington, 1966. lation showing the tentative and partial tional information called for in supple­ (h) “Program” means a coordinated allotment of funds to each State in ac­ mental instructions of the Executive Di­ set of activities planned to use, develop, cordance with paragraph (a) (1), (2) , rector. Any application may be sub­ manage, control, and preserve the water and (4) of this section and based upon mitted in draft form to the Executive Di­ and related land resources of a State. the then expected appropriation for that rector for comments prior to formal A program may be made up of one or year. This publication does not confer submittal. more components, divided on the basis entitlement to such funds, but is simply (c) When all applications have been of geography, political subdivisions, or a temporary commitment by the Fed­ received and reviewed in final form as kind of development, and may include eral Government to withhold from other regards conformance with the Act, the the training of personnel and adminis­ uses a specified sum for each State. rules and regulations in this part, and tration. (c) Allotment of funds to States ac­ supplementary instructions, the Execu­ (i) “Related land resources” means cording to determination by the Council tive Director shall convey his recom­ that land on which present or projected of the relative need for comprehensive mendations to the Council for its ap­ use or management practices cause water and related land resources plan-x proval, including the amount of each significant effects on the quantity and/or ning among the States under subpara­ allotment based on § 703.3 and upon the quality of the water resource, and that graph (3) of this paragraph shall be amount of funds available for reallot­ land the use or management of which is based upon criteria which shall include ment. significantly affected by or depends on the following: § 703.5 Contents of applications. existing and proposed measures for man­ (1) Crucial nature or immediacy of agement, development or use of water water resources problems. (a) Program information. A formal resources. (2) Lack of development of compre­ program application submitted by a (j) “State” means a State, the Dis­ hensive water and related land resources State for approval shall contain and trict of Columbia, Puerto Rico, or the planning. further document the information called Virgin Islands. (3) Importance of the contribution of for in the letter of intent. In addition, (k) “State agency” means a perma­ a State to Federal or Federal-State the application shall contain the fol­ planning of water and related land re­ lowing information: nent agency of a State designated by the (1) The current status of comprehen­ Governor to administer and coordinate source use and development in its region. a State comprehensive water and related (4) Specific opportunity for a State to sive water and related land resources land resources planning program, and make a substantial advance in compre­ planning in the State; to act as liaison with the Council. hensive water and related land resources (2) Present planning activities related (l) “Supplemental instructions” means planning. to comprehensive water and related land nonregulatory, detailed instructions is­ (5) Ability of a State to provide non- resources planning conducted on a regu­ sued in accordance with § 703.12 for the Federal matching funds over the amount lar basis, and the agency or agencies purpose of amplifying the regulations necessary to match the allotment by conducting such activities; and facilitating grant applications. formula under paragraph (a) (1), (2), (3) A summary of information already and (4) of this section. available concerning State economic § 703.3 Allotments. conditions in relation to the status of (d) As provided in section 302(b) of water and related land resources devel­ (a) The funds appropriated pursuant the Act, Federal financial support shall opment and preservation, and technical to section 301 (a) of the Act for any fiscal be on a matching basis, to a maximum of data pertinent to water and related land year for expenditures for grants to 50 percent of the total allowable costs resources conditions in the State; States shall be allotted among the sev­ related to an approved program. (4) The provisions to be made for ob­ eral States in accordance with section (e) Before any allotment may be paid, taining the necessary economic and other 302(a) of the Act as follows: a State must submit and obtain approval data and projections necessary for com­ (1) Fifteen (15) percent of the funds of its program application. Financial prehensive water and related land re­ shall be allotted to the States on the assistance is guaranteed only on the basis sources planning; basis of the ratio of the population of of an approved program. (5) The program set forth by the a State to the population of all the § 703.4 Procedures for applications. State agency for water and related land States. For the purposes of this regu­ resources planning in future years, orga­ lation the population of the States shall Within 30 days after the beginning of nized, where possible, on a year-by-year be determined on the basis of the latest any fiscal year, any State interested in projected basis; official estimates of the Department of obtaining a grant for comprehensive (6) The scope and expected duration Commerce available on or before Janu­ water and related land resources plan­ Df augmented planning to be under­ ary 1 preceding the fiscal year for which ning shall submit to the Council either taken with the aid of Title III funds- funds are appropriated. a letter of intention to apply, followed An application may be made for a period (2) Fifteen (15) percent of the funds within 60 days by a formal application or not to exceed 5 years. , shall be allotted to the States on the an application submitted without a prior (7) A proposed budget, including ou basis of the ratio of the land area of a letter. not limited to new staff requirements ana State to the total land area of all the (a) The letter of intention shall in­ all related costs. States, determined on the basis of the clude at least the following information: (b) Coordination. The program ap­ official records of the U.S. Geological (1) The name of the designated State plication submitted by the State ^ y Survey. agency; (2) the names of the participat­ shall include assurances thatr (D (3) Forty (40) percent of the funds ing State agencies; (3) a statement set­ prehensive water and related la n a .,h shall be allotted to the States according ting out the authority of that agency to sources planning will be in harmony to the need for comprehensive water and carry out its functions in accord with approved as well as pending related lands resources planning pro­ the Act; (4) the scope and expected du­ for comprehensive planning of that feta grams in each State, as determined by ration of the augmented planning pro'- or of a jurisdiction within the S > the Council upon recommendation by gram to be conducted under the Act; and (2) the economic and other relevan the Executive Director. (5) the new non-Federal funds estimated sumptions and projections to be us _ (4) Thirty (30) percent of the funds or appropriated, to be available for consistent with those of other P*®^be shall be allotted to each State, on the matching with Title III funds for aug­ programs; (3) optimum joint-use basis of the ratio that the reciprocal of mented planning during the first fiscal made of equipment, personnel, a its per capita income bears to the sum -year of the proposed program. isting data among the various p la n ts of the reciprocals for all States. Per (b) A formal application shall be sub­ programs; and (4) steps taken, a capita income shall be computed as the mitted in accordance with these rules taken, by the State agency will acm average of the most recent 3 years for and regulations, and shall include the all necessary statewide and inte which official information is available. information requested in paragraph (a) coordination of comprehensive

FEDERAL REGISTER, VOL. 31, NO. 138— TUESDAY, JULY 19, 1966 PROPOSED RULE MAKING 9749 and related land resources planning with (e) Accounting. The program appli­the Council that payments to the State other planning programs, as specified in cation shall describe measures to be taken agency be resumed and, if the Council section 301(b) (1) of the Act. Particu­ by the State for the financial manage­ agrees, it shall order the resumption of lar consideration shall be given to the ment of the proposed program and in­ such payments. following: ternal controls appropriate to insure that (1) The relationship of the program to the program is accomplished in accord­ § 703.8 Program costs and accounting. water pollution control programs in the ance with the Act, this part and the sup­ (а) Program costs—(1) Time of in­ State, particularly those receiving finan­ plemental instructions issued by the Ex­ currence. To be subject to matching cial assistance under the Federal Water ecutive Director, and in the most efficient with Federal funds, non-Federal costs Pollution Control Act, as amended (75 and economical manner. Except as re­ must have been incurred within the Stat. 204), and those developed by the quired for Federal review and audit, a time period set forth in an approved Federal Water Pollution Control Admin - State agency shall employ accounting application. istration as a part of comprehensive, co­ procedures specified by its State fiscal (2) Beginning date of State planning. ordinated, joint plans for river basins officers. done in accordance with section 201(b) Non-Federal funds for augmented plan­ (2) of the Act and as authorized by other § 703.6 Federal coordination. ning used to match Federal funds granted acts. under Title III of the Act will be limited Interagency coordination of actions to the amount of increased expenditures (2) Coordination of comprehensive upon application for Federal grants to of non-Federal funds above the expendi­ water and related land resources plan­ States for planning which includes water ture for the 12-month period ending ning with comprehensive statewide, re­ and related land resources shall be ef­ June 30,1965. gional, county, and local planning being fected in accordance with §§ 701.60(c) (3) Rules on the incurrence of plan­ carried on with or without assistance and 701.79(d) of the Council’s Rules and ning costs. The budgetary practices, under section 701 of the Housing Act of Regulations on Council Organization. 1954, as amended (68 Stat. 590), or un­ rules and policies of the State, as cus­ § 703.7 Annual report and review. tomarily applied and if in accord with der the Land and Water Conservation generally accepted accounting practices, Fund Act of 1965 (78 Stat. 897). (a) Report. On or before August 1 shall govern for costs incurred on an (3) Present and intended future par­ of each year, each State shall make an ticipation of the State agency and other approved program unless the approved annual report to the Council on its ap­ program application stipulates a differ­ agencies of the State in Federal or Fed­ proved program, providing financial and ent method. eral-State comprehensive water and re­ other information on the progress or lated land resources planning, includ­ (4) Sources of State planning funds. completion during the preceding fiscal The source of a State’s share of the cost ing the work of commissions created year of all components of the program in under Title n of the Act and planning of a project shall have no bearing on such form as the Council shall prescribe whether or not such costs can be done under Title V of the Public Works in supplemental instructions. and Economic Development Act of 1965 matched by Federal funds, except that (b) Review. As a consequence of the other Federal funds cannot be used for (79 Stat. 552), and section 206 of the annual review: matching purposes. Appalachian Regional Development Act (1) If the Executive Director shall of 1965 (79 Stat. 5). (5) Use of Title III grants for other find that the program no longer com­ matching. Federal or non-Federal funds (4) The relationship of the compre­ plies with the requirements of section allotted for use under Title III shall not hensive water and related land resources 303 either in its design or administration, be used to meet a State’s share of the Planning program to economic develop­ he shall call a hearing in order to ascer­ cost of a Federal-State commission ment planning conducted within the tain all the relevant facts. The State established under Title n of this Act or o»te, in accordance with Titles III and agency designated to administer the to match Federal funds under any other IV of the Public Works and Economic program shall be given notice in writing Federal grants-in-aid program. Development Act (79 Stat. 552) and in of the Executive Director’s intention to (б) Ceilings on allowable costs. In accordance with the Appalachian Re­ recommend disapproval of the program general, the amount of each cost item gional Development Act (79 Stat. 5). to the Council at least 20 days prior to that may be matched under this Act shall (5) The relationship of the compre- the hearing. The notice shall state with not exceed the State’s actual cash outlay nsive water and related land resources particularity the inadequacies of the for that item, or the fair market value Panning program to comprehensive program and shall cite specific require­ of the item, whichever is less. p anning for the development of water ments of section 303, this part, or his (7) Expenditures that may he ^®wer systems in rural areas under supplemental instructions which have matched. Any planning expenditure by isw ansolida<'e<* FarmersHome Admin­ not been met. The State agency shall be the State not used for matching pur­ istration Act of 1961 (75 Stat. 307). given opportunity to file written objec­ poses of other Federal grants-in-aid to other State agen- tions and make oral presentations to the programs, or otherwise specifically ex­ the-^.Program application shall show Executive Director on or before the date cepted by the Council, may be subject to othpi-1ela^PnshiP of the State agency to set for the hearing. matching. Such expenditures may in­ onnm«»1« Planning and development (2) If the Executive Director shall clude, but are not limited to, those activi­ ^jnizations, such as intra-State river determine, following a full and fair hear­ ties directly related to the State com­ snppioi ^-^a^ssions and authorities or ing, that the section 303 requirements prehensive water and related land re­ Darti^nia&encies in the State which have are no longer being met, he shall recom­ sources planning effort such as personal dictinn ar ^atershed or river basin juris- mend to the Council that no further pay­ services; training of personnel; fringe C J functions, their funding and ments be made to the State under sec­ benefits; consultant fees; equipment, towh^Vand sba11 indicate the extent tion 305 of the Act until he finds that supplies and materials; travel of employ­ IH ^bey wiii be financed from Title substantial compliance has been resumed. ees engaged in the program and of con­ i*rformdS &nd the functions they will (3) If the Council shall determine, on tributed personal services; and payment the basis of all the facts developed at the for information services. Consultant f° r^ver basin com- hearing and upon the Executive Direc­ services are eligible only to the extent tor’s recommendation that the program that the development of trained State S S i o n M.embei:ShiP in river basin theTnf,- organized under Title H of does not meet the requirements of sec­ personnel for comprehensive water and to obtain on°i a Prere(iuisite for a State tion 303, it shall instruct the Executive related land resources planning activities a state Panning grant. However, if Director to notify the State agency that is not impaired. commissiona 1member of a river basin no further payments to such State shall (8) Time limit of obligation. Once be ¡ S ’ planning by the State shall be made under the Act. obligated to a State, Federal commit­ (4) When the Executive Director is the or*? ^ ^ ta r y to and consistent with ments shall remain in force until ex­ satisfied that sufficient adjustments have pended by the State on a matching basis, the c o m S ^ j<>int Plan prepared by been made in the design and operation up to a maximum of 2 years after ap­ of the program, he shall recommend to proval of the State's application, if not

FEDERAL REGISTER, VOL. 31, NO. 138— TUESDAY, JULY 19, 1966 9750 PROPOSED RULE MAKING expended by that time, the Federal ob­ (a) At the beginning of each fiscal necessary to establish the validity of the ligation shall be revoked. year, the amount to be paid to each transactions recorded. (9) Disposition of balance. As toState with respect to approved applica­ (b) Such records, with all supporting funds appropriated and obligated for any tions under the provisions of the Act and and related documents shall be made fiscal year, if it becomes clearly evident this part, and within the appropriations available at least quarterly and at all that the State cannot reasonably ex­ available, for that fiscal year shall be reasonable times, upon request, for in­ pend a remaining balance before the estimated. Such estimates shall take spection and audit by representatives of end of the year, the Council shall upon into account information furnished by the Executive Director and of the Comp­ reasonable notice withdraw the unex­ the State agency and may be revised troller General of the United States. pendable balance not later than April 1 when appropriate and necessary. (c) Records relating to each allot­ of that year. Such balances may then (b) At the beginning of each calendar ment and each grant shall be retained be reallocated to other States on the quarter, the Executive Director shall and made available until the expiration basis of their approved program, need estimate the amount to be paid to each of 3 years after the State agency’s last for planning, and ability to match. State with respect to approved applica­ disbursement of such funds. (b) Accounting. Based on generally tions f on that period in relation to the § 703.11 Nondiscrimination in federally accepted standards and principles, ac­ total estiihate for that fiscal year. assisted programs. counting procedures should meet the fol­ (c) The Executive Director shall pay lowing minimum requirements, unless in advance to the State from its allot­ (a) In order to effectuate the provi­ exceptions are granted by the Council: ment the amount estimated by him for sions of Title VÏ of the Civil Rights Act (1) Itemization of all supporting rec­ that period, adjusted by any excess or of 1964 (78 Stat. 252), no person in the ords or program expenditures in suf­ deficiencies in payments for prior quar­ United States shall, on the ground of ficient detail to show the exact nature ters, as reflected in quarterly records race, color, or national origin, be ex­ of each expenditure; submitted by the State agency. cluded from participation in, be denied (2) Maintenance of adequate records, (d) Payments shall be made through the benefits of, or be otherwise subjected approved by the appropriate official, to the disbursing facilities of the Treasury to discrimination under any program or show that all salaries and wages charged Department, at such times and in such activity receiving Federal financial against the program were authorized; installments as the Executive Director assistance under the Act. (3) Maintenance of payroll vouchers many determine. (b) Each application for financial for salaries and wages; assistance to carry out a program under (4) Cross referencing of each expendi­ § 703.10 Records. the Act, shall, as a condition to its ap­ ture with the supporting purchase order, (a) The officers of a State agency, proval, contain an assurance that the contract, voucher, or bill. The support­ designated in compliance with section program will be conducted in compliance ing documents should be endorsed by an 303(3) of the Act, that receives funds .with all requirements imposed by Title official authorized to approve such ex­ under the Act, shall be responsible for VI of the Civil Rights Act of 1964. penditures. maintaining books of account that §703.12 Supplemental instructions. § 703.9 Payments. clearly, accurately, and currently reflect the financial transactions involving al­ With approval of the Council, the Payments to the States for purposes lotments, grants, contracts, and other Executive Director shall issue, and from of carrying out comprehensive water and arrangements financed under the Act time to time may amend, supplemental related land resources planning under and also transactions financed with instructions to amplify this part. the Act shall be made according to the funds from other sources. In addition, [F.R. Doc. 66-7872; Filed, July 18, 1966; following general procedures: they shall maintain files of all papers 8:49 a.m.]

FEDERAL REGISTER,-VOL. 31, NO. 138— TUESDAY, JULY 19, 1966 9751 Notices

§ 14.6(b) of the Customs Regulations in­ wall tile imported from Japan in ac­ DEPARTMENT OF THE TREASURY dicating a possibility that tubeless tire cordance with the provisions of § 14.9(a) valves, finished, imported from West of the Customs Regulations (19 CPR Bureau of Customs Germany, are being, or likely to be, sold 14.9(a)). [Antidumping—ATS 643.3-B] at less than fair value within the mean­ The information alleging that the mer­ ing of the Antidumping Act, 1921, as chandise under consideration was being TUBELESS TIRE VALVES FROM ITALY amended. sold at less than fair value within the Antidumping Proceeding Notice Ordinarily, merchandise is considered meaning of the Antidumping Act was to be sold at less than fair value when received in proper form on December 9, J uly 8,1966. the net, f.o.b. factory price for exporta­ 1965. This information was the subject On April 26, 1966, the Commissioner tion to the United States is less than the of an “Antidumping Proceeding Notice” of Customs received information in net, f.o.b. factory price to purchasers in which was published pursuant to § 14.6 proper form pursuant to the provisions the home market, or, where appropriate, (d), Customs Regulations (19 CPR of § 14.6(b) of the Customs Regulations to purchasers in other countries, after 14.6(d) ), in the F ederal R egister of De­ indicating a possibility that tubeless tire due allowance is made, for differences in cember 30, 1965, on page 16272 thereof. valves, finished, imported from Italy, quantity and circumstances of sale. This notice is published pursuant to are being, or likely to be, sold at less than A summary of the information received § 14.6(e) of the Customs Regulations (19 fair value within the meaning of the is as follows: CPR 14.6(e)). Antidumping Act, 1921, as amended. Evidence submitted indicates that sales of the subject merchandise to American [seal] Edwin P. R ains, Ordinarily, merchandise is considered Acting Commissioner of Customs. to be sold at less than fair value when the firms shows a price which when netted net, f.o.b* factory price for exportation back to the factory is considerably lower [F.R. Doc. 66-7888; Filed, July 18, 1966; to the United States is less than the net, than the price for home consumption 10:33 a.m.] f.o.b. factory price to purchasers in the after adjustments for normal known home market, or, where appropriate, to factors of included costs. It is also purchasers in other countries, after due indicated that while production costs are allowance is made, for differences in increasing, prices of the finished product DEPARTMENT OF THE INTERIOR quantity and circumstances of sale. have been decreasing. A summary of the information received Having conducted a summary investi­ Bureau of Land Management gation pursuant to § 14.6(d) (1) (i) of the is as follows: CHIEF, BRANCH OF LANDS, ET AL. Evidence submitted indicates that sales Customs Regulations and having de­ of the subject merchandise to American termined on this basis that there are grounds for so doing the Bureau of Cus­ Redelegation of Authority by Land firms shows a price which when netted Office Manager back to the factory is considerably lower toms is instituting an inquiry pursuant than the price for home consumption to the provisions of § 14.6(d) (1) (ii), (2), 1. Pursuant to § 2.1, Bureau Order No. after adjustments for normal known and (3) of the Customs Regulations to 701 of July 23,1964, as amended, the fol­ factors of included costs. It is also in­ determine the validity of the infor­ lowing authority is hereby delegated to dicated that while production costs are mation. the Branch Chiefs of the Division of increasing, prices of the finished product The information was submitted by Lands and Minerals Program Manage­ have been decreasing. Nylo-Flex Manufacturing Co., Mobile, ment and Anchorage Land Office, to Having conducted a summary investi­ Ala. become effective July 1, 1966. gation pursuant to § 14.6(d) (1) (i) of the This notice is published pursuant to a. Chief, Branch of Lands and Chief customs Regulations and having deter- § 14.6(d) (1) (i) of the Customs Regu­ Lands Adjudicator, authority to take hnned on this basis that there are lations (19 CPR 14.6(d) (1) (i) ). action for the Manager in matters listed pounds for so doing the Bureau of Cus- [seal] Lester D. J ohnson, in §§2.2 (b) and (d), 2.3 (a) and (c), oms is instituting an inquiry pursuant Commissioner of Customs. 2.5 (b) and (c) and 2.9 (except as pro­ Provisions of § 14.6(d) (1) (ii), (2), [F.R. Doc. 66-7828; Filed, July 18, 1966; vided in c. below) of Part n of Bureau na (3) of the Customs Regulations to 8:49 a.m.] Order No. 701, supra. The authority in h^mine the validity of the information. §§ 2.2 (b) and (d), and 2.3 (a) and (c) B , e information was submitted by is limited to those actions pertaining to Land Use. jjym-Flex Manufacturing Co., Mobile, [Antidumping—ATS 643.3-p] b. Chief, Branch of Minerals, and . .?°^ce *s Published pursuant to CERAMIC GLAZED WALL TILE FROM Chief Minerals Adjudicator, authority to the Customs Regula­ JAPAN take action for the Manager in matters tions (19 CPR 14.6(d) (1) (i)). listed in §§ 2.2 (b) and (d), 2.3 (a) and Withholding of Appraisement Notice (c), and 2.6 (except as provided in c. [seal] Lester D J ohnson, below) of Part n of Bureau Order No. Commissioner of Customs. J uly 15,1966. 701, supra. The authority to take action |P,R' Doc- 66-7827; Piled, July 18, 1966; Pursuant to section 201 (b) of the Anti­ on matters in §§ 2.2 (b) and (d) and 2.3 8:49 a.m.] dumping Act, 1921, as amended (19 (a) and (c) is limited to those actions U.S.C. 160(b)), notice is hereby given pertaining to Minerals. [Antidumping—ATS 643.3-B] that there are reasonable grounds to be­ c. Chief, Branch of Title and Records, lieve or suspect, from information pre­ authority to take action for the Manager TUBELESS tire v a l v e s fr o m sented to me, that the purchase price is in matters listed in §§ 2.2(c), 2.3(c), WEST GERMANY less or likely to be less than the foreign 2.4(a)(4), 2.6 and 2.9 of Part n of market value of ceramic glazed wall tile Bureau Order No. 701, supra. The au­ Antidumping Proceeding Notice imported from Japan as defined by sec­ thority to take action on matters listed tions 203 and 205, respectively, of the n J uly 8,1966. in §§2.6 and 2.9 is limited to actions on Antidumping Act, 1921, as amended (19 applications, claims, offers, or notices Custom«1^26.’ 1966, the Commissioner ol U.S.C. 162 and 164). filed, when any or all of the following form Information in propel Customs officers are being directed to conditions prevail: (1) The official land Pursuant to the provisions oJ withhold appraisement of ceramic glazed title and use records reveal that the land

FEDERAL REGISTER, VOL. 31, NO. 138— TUESDAY, JULY 19, 1966 9752 NOTICES involved is unavailable; (2) the land description is inadequate to identify the DEPARTMENT OF HEALTH, EDUCA­ DEPARTMENT OF HOUSING land, or does not meet legal requirements of compactness, contiguity, or acreage, TION, AND WELFARE AND URBAN DEVELOPMENT or is otherwise defective; (3) the filing is incomplete when submitted (for ex­ Food and Drug Administration Office of the Secretary ample, fees not paid, information not CHLORDIAZEPOXIDE AND ITS SALTS ASSISTANT SECRETARY FOR DEMON complete, unsigned, obsolete form); (4) AND DIAZEPAM STRATIONS AND INTERGOVERN the applicant or offeror was not success­ MENTAL RELATIONS; DEPUTY AS ful in a public drawing held to establish Rescheduling of Public Hearing and SISTANT SECRETARY FOR DEMON priorities of conflicting filings. Conference STRATIONS AND INTERGOVERN 2. The authority delegated in para­ In the matter of listing chlordiazepox- MENTAL RELATIONS graph 1 above may not be redelegated. ide and its salts and diazepam as drugs Delegations of Authority 3. This redelegation of authority subject to control under the Drug Abuse supersedes all previous redelegations by Control Amendments of 1965 because of Section A. Authority delegated with the Anchorage Land Office Manager. their having a potential for abuse due respect to specific programs and matters. to their depressant effect on the central The Assistant Secretary for Demonstra­ R obert J. Coffman, nervous system: tions and Intergovernmental Relations Manager, Land Office, Anchorage. A public hearing and prehearing con­ and the Deputy Assistant Secretary for Demonstrations and Intergovernmental Approved: ference were announced in the F ederal R egister of May 17, 1966 (31 F.R. 7174), Relations each is hereby authorized to Burton W. Silcock, to commence July 25, 1966, and July 18, exercise the powers and authorities of the State Director, Alaska, 1966, respectively, re the above-identified Secretary of Housing and Urban Devel­ matter. In the same announcement opment with respect to the programs and J uly 12,1966. other hearing and prehearing confer­ matters listed below except as specified [F.R. Doc. 66-7791; Piled, July 18, 1966; ences were scheduled for late June based under this section A and as additionally 8:45 a.m.] on an objection to the listing of another excepted under section B: drug, meprobamate, as subject to con­ 1. Programs of housing research, trol. In order to avoid conflicts in the studies, investigation and analysis under DISTRICT MANAGER, ANCHORAGE, scheduling of these conferences, notice Title HI of the Housing Act of 1948, as AND DISTRICT MANAGER, FAIR­ is given that the public hearing and pre- amended (12 U.S.C. 1701e) , and section 602 of the Housing Act of 1956, as BANKS hearing conference re the listing of chlordiazepoxide and its salts and diaze­ amended (12 U.S.C. 1701d-3), except Delegation of Authority pam are rescheduled as follows: power and authority to consolidate func­ 1. The hearing will begin at 10 a.m., tions and activities under subsection 1. Pursuant to § 1.1 of Bureau of Land e.d.t., on August 8, 1966, in Room 5034, 301(a) of the Housing Act of 1948, as Management Order No. 701, as amended, 200 C Street SW., Washington, D.C. amended (12 U.S.C. 1701e(a)). 2. The prehearing conference will be­ 2. Urban renewal demonstration pro­ the District Manager, Anchorage, and gin in the same room at 10 a.m., e.d.t., gram under section 314 of the Housing the District Manager, Fairbanks, are on August 1, 1966. Act of 1954, as amended (42 U.S.C. authorized to perform in their respective Mr. Edgar Buttle, Federal Trade 1452a). districts all the functions listed in the Commission, Room 7003, The 1101 3. Demonstration program relative to following sections: Building, 11th and Pennsylvania Avenue housing for low income persons and NW., Washington, D.C. 20580, a hearing families, including handicapped families, Anchorage D istrict M anager examiner duly appointed pursuant to under section 207 of the Housing Act oi 1. Section 1.2(a). section 11 of the Administrative Proce­ 1961 (42 U.S.C. 1436). 2. Section 1.5(a). dure Act, is hereby designated as the 4. Surveys relative to State and local 3. Section 1.9(g). Limited to sales not ex­ presiding officer for the rescheduled pro­ public works under subsection 702(f) w ceeding $10,000. ceedings announced herein. the Housing Act of 1954, as amended 4. Section 1.9 (o) (5). The other conditions announced in the (40 U.S.C. 462(f)). . . _ 5. Establishment of technical advisory F airbanks D istrict Manager F ederal R egister of May 17, 1966, with reference to these meetings (such as services to assist municipalities aa 1. Section 1.2(a). purpose, introduction of evidence, etc.) others in relation to community facm- 2. Subparagraph (1) of section 1.4(a). remain unchanged except that repre­ ties under section 207 of the Housing; Except approval of or cancellation of special sentatives of interested persons should Amendments of 1955, as amended <« instructions for survey. U.S.C. 1497), except the powers and au­ 3. Section 1.5(a). file the written notices of appearance on 4. Section 1.9(g). Limited to sales not or before July 27, 1966. thorities under subsection 402(a) of t exceeding $10,000. This action is taken pursuant to the Housing Act of 1950, as amended i 5. Section 1.9(o)(5). authority vested in the Secretary of U.S.C. 1749a(a)). , Wft] Health, Education, and Welfare by the 6. Studies relative to State and^ local 2. The delegation of authority by theFederal Food, Drug, and Cosmetic Act housing and building laws, standa < State Director, Alaska, approved Febru­ (secs. 201(v), 511, 701, 52 Stat. 1055, as codes, and regulations; State and i ary 27, 1964 (29 FR 3015, Feb. 5, 1964), amended, 79 Stat. 227 et seq.; 21 U.S.C. zoning and land use laws, cod es, is hereby canceled. 321 (v), 360a, 371) and delegated by him regulations; and Federal, State, to the Commissioner of Food and Drugs local tax policies; under subsection Burton W. S ilcock, (a) of the Housing and Urban Develop State Director. (21 CFR 2.120; 31 F.R. 3008). ment Act of 1965 (42. U.S.C. 1456 n • Approved: Dated: July 14, 1966. 7. Study of alternative programs J ohn O. Crow, help provide financial assistance to e® Acting Director. J. K. K irk, Acting Commissioner of suffering property losses in natural J uly 12, 1966. Food and Drugs. asters, under section 5 of the Sout wuvr-if'Qnp niRfliiter Relief Act of [F.R. Doc. 66-7792; Piled, July 18, 1966; [F.R. Doc. 66-7841; Filed, July 18, 1966; 8:46 am .] 8:49 a.m.] (79 Stat. 1301).

FEDERAL REGISTER, VOL. 31, NO. 138— TUESDAY, JULY 19, 1966 NOTICES 9753

8. Studies, research, and demonstra­ formation, under section 708 of the P roposed Agreem ent B etw een t h e U nited tion projects relative to urban and re­ Housing Act of 1961, as amended (42 States Atom ic Energy Co m m is sio n and gional planning under subsection 701(b) U.S.C. 1500d), with respect to open- t h e State op Louisiana for Dis c o n t in u ­ of the Housing Act of 1954, as amended ance of Certain Co m m is sio n R egulatory space land and urban beautification and Au th o r ity and R esponsibility W it h in t h e (40 U.S.C. 461(b)). improvement (30 F.R. 11157). S tate P ursuant to S ection 274 o p t h e 9. Provision of technical assistance to Effective date. These delegations of Atom ic Energy Act op 1954, a s Amended State and local public bodies, undertak­ Whereas, the U.S. Atomic Energy Commis­ ing of studies, and publication of in­ authority and revocations shall be effec­ tive July 1, 1966. sion (hereinafter referred to as the Commis­ formation relative to open-space land sion) is authorized under section 274 of the and urban beautification and improve­ R obert C. W eaver, Atomic Energy Act of 1954, as amended ment under section 708 of the Housing Secretary of Housing and (hereinafter referred to as the Act) to enter Act of 1961, as amended (42 U.S.CL Urban Development. into agreements with the Governor of any 1500d). State providing for discontinuance of the 10. Federal-State training programs [F.R. Doc. 66-7809; Filed, July 18, 1966; regulatory > authority of the Commission 8:47 a.m.] within the State under Chapters 6, 7, and 8 under Title VIII, Part 1, of the Housing and section 161 of the Act with respect to Act of 1964, as amended (20 U.S.C. 801- byproduct materials, source materials, and 805>. . special nuclear materials in quantities not 11. Program of fellowships for city sufficient to form a critical mass; and planning and urban studies under Title ATOMIC ENERGY COMMISSION Whereas, the Governor of the State of VIH, Part 2, of the Housing Act of 1964, Louisiana is authorized under West’s LSA— as amended (20 U.S.C. 811). STATE OF LOUISIANA R.S. 51:1051 et seq., to enter into this Agree­ ment with the Commission; and 12. Granting of permission to a re­ Proposed Agreement for Assumption Whereas, the Governor of the State of search contractor or its technical per­ of Certain AEC Regulatory Au­ Louisiana certified on June 15, 1966, that sonnel to issue a? publication concerning, the State of Louisiana (hereinafter referred or based in whole or in part on the re­ thority to as the State) has a program for the con­ sults of, research or studies performed Notice is hereby given that the U.S. trol of radiation hazards adequate to protect under a contract with the Department of the public health and safety with respect to Atomic Energy Commission is publish­ the materials within the State covered by this Housing and Urban Development, prior ing for public comment, prior to action to 6 months from date of submission of Agreement, and that the State desires to as­ thereon, a proposed agreement received sume regulatory responsibility for such the full report, such publication in all from the Governor of the State of Louisi­ materials; and other respects to be in accordance with ana for the assumption of certain of the Whereas, the Commission found o n _____ the Publication Article of the research Commission’s regulatory authority pur­ ___ , 1966, that the program of the State contract,* and determining in the par­ suant to section 274 of the Atomic for the regulation of the materials covered ticular case that such accelerated pub­ Energy Act of 1954, as amended. by this Agreement is compatible with the lication is in the public interest. A resume prepared by the State of Commission’s program for the regulation of Sec. B. Additional authority excepted. such materials and is adequate to protect the Louisiana and summarizing the State’s public health and safety; and There are further excepted from the proposed program, was also submitted to Whereas, the State and the Commission Powers and authorities delegated under the Commission and is set forth below as recognize the desirability and importance section A the power and authority to an appendix to this notice. A copy of of cooperation between the Commission and submit to the President and to the Con­ the program, including proposed Louisi­ the State in the formulation of standards for gress estimates of housing needs, pro­ ana regulations, is available for public protection against hazards of radiation and posals for executive action or legislation, inspection in the Commission’s Public in assuring that State and Commission pro­ and reports. Document Room, 1717 H Street NW„ grams for protection against hazards of radi­ Sec. c . Additional authority dele- ation will be coordinated and compatible; Washington, D.C., or may be obtained and jwted. 1. The Assistant Secretary for by writing to the Director, Division of Whereas, the Commission and the State Demonstrations and Intergovernmental State and Licensee Relations, U.S. recognize the desirability of reciprocal rec­ Relations is further authorized to make Atomic Energy Commission, Washington, ognition of licenses and exemption from such rules and regulations as may be D.C. 20545. All interested persons de­ licensing of those materials subject to this necessary to carry out the powers and siring to submit comments and sugges­ Agreement; and authorities delegated in section A. Whereas, this Agreement is entered into tions for the consideration of the Com­ pursuant to the provisions of the Atomic 2. The Assistant Secretary for Dem­ mission in connection with the proposed Energy Act of 1954, as amended; onstrations and Intergovernmental Re­ agreement should send them, in tripli­ Now, therefore, it is hereby agreed between lations and the Deputy Assistant Secre­ cate, to the Secretary, U.S. Atomic the Commission and the Governor of the tary for Demonstrations and Intergov­ Energy Commission, Washington, D.C. State, acting in behalf of the State, as fol­ ernmental Relations each is further au­ 20545, within 30 days after initial pub­ lows: thorized to redelegate to any employee lication in the F ederal R egister. Article I. Subject to the exceptions pro­ under his jurisdiction any of the powers Exemptions from the Commission’s vided in Articles U, m , and IV, the Com­ *hd authorities delegated in section A. mission shall discontinue, as of the effective regulatory authority which would imple­ date of this Agreement, the regulatory au­ ^Sec. D. Delegations of authority re- ment this proposed agreement, as well thority of the Commission in the State un- o/ced. The following delegations of au- as other agreements which may be en­ da* Chapters 6, 7, and 8, and section 161 uionty are hereby revoked: tered into under section 274 of the of the Act with respect to the following h Authority to the Urban Renewal Atomic Energy Act, as amended, were materials : ommissioner to administer the pro- published as Part 150 of the Commis­ A. Byproduct materials; nf section 314 of the Housing Act sion’s regulations in F ederal R egister B. Source materials; and ^1954, as amended (42 U.S.C. 1452a), issuances of February 14, 1962, 27 F.R. C. Special nuclear materials in quantities 1351; April 3,1965, 30 F.R. 4352; Septem­ not sufficient to form a critical mass. nnct r®?pect to the urban renewal dem­ Art. II. This Agreement does not provide onstration program (30 F.R. 6703). ber 22,1965,30 F.R. 12069; and March 19, for discontinuance of any authority and the rw Authority to the Urban Renewal 1966, 31 F.R. 4668. In reviewing this Commission shall retain authority and re­ proposed agreement, interested persons sponsibility with resepct to regulation of: < * ^ Ssioner with respect to studies, re- should also consider the aforementioned A. The construction and operation of any dw ’ f*1*? demonstration projects un- exemptions. production or utilization facility; of rrast proviso in subsection 701(b) B. The export from or import into the (4n tt Act of 1954, as amended Dated at Germantown, Md., this 7th United States of byproduct, source, or spe­ “ U.S.C. 461(b)) (30 F.R. 12502). day of JUly 1966. cial nuclear material, or of any production rifT‘ Authority to the Urban Renewal or utilization facility; For the Atomic Energy Commission. C. The disposal into the ocean or sea of skSîÜSSÎ0ner Provide technical as- byproduct, source, or special nuclear waste a,nd an<* i°eai public bodies W. B. McCool, materials as defined in regulations or orders undertake studies and publish in­ Secretary. of the Commission;

No. 138------7 FEDERAL REGISTER, VOL. 31, NO. 138— TUESDAY, JULY 19, 1966 9754 NOTICES

D. The disposal of such other byproduct,medicine: State Senate and House of Repre­ logical health; and it is encouraged to edu­ source, or special nuclear material as the sentatives; Louisiana State University; pri­ cate the people of Louisiana on radiation Commission from time to time determines vate universities and colleges of Louisiana; hazards. Rules, regulations and policies by regulation or order should, because of the colleges and universities under the State commensurable with established radiation hazards or potential hazards thereof not be Board of Education; the dental profession; protection standards adopted by the Division so disposed of without a license from the petroleum industries; the chemical industry; are submitted to the Board for approval, Commission. the agricultural industry; and a licensed and upon approval by the Board, such regu­ Art. ELI. Notwithstanding this Agreement, industrial radiographer. The Director of the lations and policies are promulgated and the Commission may from time to time by Division of Radiation Control and the Co­ enforced by the Division. Broad emergency rule, regulation, or order, require that the ordinator of the Atomic Energy Development powers may be invoked by the Division manufacturer, processor, or producer of any Agency complete the 14-member Board. The whenever necessary to meet emergency equipment, device,, commodity, • or other Lieutenant Governor is the present Chairman situations. product containing source, byproduct, or of the Board. The Louisiana Division of Radiation Con­ special nuclear material shall not transfer Two independently staffed departments, trol began operation early in 1965 and im­ possession or control of such product except the Division of Radiation Control and the mediate steps were taken to initiate a com­ pursuant to a license or an exemption from Atomic Energy Development Agency, were prehensive radiological health program for licensing issued by the Commission. created simultaneously with the Board of Louisiana. Health Physicists classifications Art. IV. This Agreement shall not affect Nuclear Energy. The Louisiana Board of were established with the Department of the authority of the Commission under sub­ Nuclear Energy reviews and approves or re­ Civil Service. Highly qualified personnel section 161 b. or i. of the Act to issue rules, jects the programs and policies of its two were acquired and they have received addi­ regulations, or orders to protect the common departments, and it provides assistance, ad­ tional specialized training in health physics. defense and security, to protect restricted vice and consultation to the Director and Portable radiation detection instruments data or to guard against the loss or diversion Coordinator. The Board is charged with were purchased which provide the Division of special nuclear material. the responsibility to approve or reject the the capabilities of detecting and measuring Art. V. The Commission will use its best rules and regulations submitted to it by the any radiation. Efficient administrative forms efforts to cooperate with the State and other Division of Radiation Control. Assistance have been designed to expedite the licensing agreement States in the formulation of consultation, recommendations are rendered and registration of all sources of radiation standards and regulatory programs of the by the Board to the Division of Radiation and to assist the radiation user with his State and the Commission for protection Control on a wide scope of matters pertain­ necessary records. All license, registration against hazards of radiation and to assure ing to nuclear energy involving national and and inspection survey data are being placed that State and Commission programs for pro­ international developments and radiation in a computer processing system which will tection against hazards of radiation Will be protection standards and policies. An Ad­ permit rapid and efficient retrieval of data. coordinated and compatible. The State will visory Council to the Louisiana Board of The Louisiana Radiation Regulations were use its best efforts to cooperate with the Nuclear Energy has been established which drafted in close cooperation with the State Commission and other agreement States in renders specialized advice and consultation medical and dental associations and in co­ the formulation of standards and regulatory upon request. The Advisory Council is com­ operation with representatives from indus­ programs of the State and the Commission posed of leading representatives from among try, education and government. Copies for proteclon against hazards of radiation such groups as commerce, industry, medi­ were printed for distribution to interested and to assure that the State’s program will cine, dentistry, insurance, law, education, parties and groups throughout the State, and continue to be compatible with the program law enforcement, labor, agriculture, and a loose-leaf format was used to facilitate of the Commission for the regulation of like engineering. The Governor receives reports changes and amendments to the regula­ materials. The State and the Commission and counsel -from the Board of Nuclear tions. The Louisiana Radiation Regulations will use their best efforts to keep each other Energy concerning atomic and nuclear were initially distributed to all current AEC informed of proposed changes in their re­ energy programs in the State’s interests. licensees in Louisiana, State and Parish medi­ spective rules and regulations and licensing, Legislative provision was made for the cal and dental associations, hospitals, radi­ inspection and enforcement policies and cri­ orderly transfer of existing AEC licenses and ologists, and major industrial companies. teria, and to obtain the comments and assist­ for the continued assistance and coopera­ After a 30-day period for their review, a tion between the State, the Federal Gov­ public hearing was held at the State Capitol ance of the other party thereon. in Baton Rouge to receive comments and Art. VI. The Commission and the State ernment and other States. Legislation has agree that it is desirable to provide for recip­ specifically prohibited the existence of con­ the Senate Chamber was completely filled rocal recognition of licenses for the materials flicting laws and duplication of regulatory for this hearing. No adverse comments on authority. the Louisiana Radiation Regulations were listed in Article I licensed by the other party heard and no adverse written comments or by any agreement State. Accordingly, The Governor was authorized by this leg­ islation to effect an agreement with the were received. The Louisiana Board of Nu­ the Commission and the State agree to Lise clear Energy formally adopted the Louisiana their best efforts to develop appropriate rules, Federal Government which would provide for the discontinuance of the Federal Gov-, Radiation Regulations immediately after the regulations, and procedures by which such public hearing on Friday, January 28, 1966. reciprocity will be accorded. emment’s regulatory authority with respect Registration of all sources of radiation, A r t . VU. The Commission, upon its own to byproduct, source and special nuclear ma­ initiative after reasonable notice and oppor­ terials in quantities not sufficient to form a except radioactive materials, has been in ii- tunity for hearing to the State, or upon re­ critical mass and which would permit the ated, -and it is expected that 4,000-5^000 quest of the Governor of the State, may State to regulate these radioactive materials sources of radiation will be registered. Th® terminate or suspend this Agreement and re­ as a part of a more comprehensive radio­ sources of radiation which will be registerea assert the licensing and regulatory authority logical health program. are mostly medical, dental and industrial vested in it under the Act if the Commission The Board of Nuclear Energy and the Divi­ X-ray units. These X-ray units have not flung that such termination or suspension sion of Radiation Control provide a unique previously been under a radiological heait is required to protect the public health and approach in state government to radiological program, and registration of these X-ray health, radiation control and regulatory pro­ units will place their operation under a uni­ safety. form set of recognized radiation protect! Art. VIII. This Agreement shall become grams. These agencies are solely devoted to effective on September 1, 1966, and shall re­ radiation protection and to atomic and nu­ standards for the first time. There has ee main in effect unless, and until such time as clear energy programs. Emphasis is placed no recent Inspection of these units, an it is terminated pursuant to Article VII. on a technically based program of the highest will probably require a 3-year period to com­ caliber with personnel specifically trained in plete the initial inspection. Periodic survey L o u i s i a n a R a d i a t i o n R e g u l a t o r y P r o g r a m health physics, nuclear science, engineering of these X-ray installations will bei per­ and life science disciplines. formed on a periodic basis after the in ^ BOARD OF NUCLEAR ENERGY inspection, and the frequency of the suose- DIVISION OF RADIATION CONTROL quent surveys will be determined main y The Louisiana Board of Nuclear Energy the relative radiation hazard found in was established by the/ Louisiana Nuclear The Louisiana Division of Radiation Con­ previous surveys or initial inspection, Energy Act, Act 84 of the 1962 Louisiana trol is vested with the complete responsibility celerators, mainly neutron generators Legislature (now R.S. 51:1051 et seq.), to for radiological health in the State of in activation analysis, are also being ° protect the health and welfare of the people Louisiana. Its powers and duties comprise tered as nonlicensed sources of radiation. of the State of Louisiana by providing for the authority to effect a complete licensing the regulation, development and proper uti­ and registration program for all radioactive Radium users are located in c°n,^ ^ q ° materials and sources of ionizing radiation. with the registration program, and UcehS ii lization of atomic and nuclear energy and of radium users will be impiemented con for the effective control of radiation hazards. It is empowered to conduct evaluation in­ spections at all installations utilizing any currently with the AEO agreement Uoensm» The Louisiana Board of Nuclear Energy is program. Possession of radium must a 14-member board appointed by the Gov­ sources of ionizing radiation. It regulates dicated on the registration forms which we^ ernor. The following 12 categories must be the discharge of radioactive materials into the natural environment. It may conduct sent to all medical facilities, P J ndus. represented on the Board: A qualified radi­ dentists, educational institutions an ologist; a physician specializing in internal studies and research associated with radio­

FEDERAL REGISTER, VOL. 31, NO. 138— TUESDAY, JULY 19, 1966 NOTICES 9755 tries. Radium suppliers have furnished the information officer. Additional radiation de­ A voluntary dental X-ray survey program Division a list of all radium users in Louisi­ tection equipment will be available from the was initiated in November 1960, with the as­ ana. All current radium users and users of Division of Radiation Control offices in sistance and cooperation of the U.S. Public radioactive materials not under the AEC Baton Rouge. Outside assistance can be re­ Health Service, and the Louisiana State Den­ licensing program will be assisted by the quested from the Atomic Energy Commis­ tal Society, which supplied some filters and Division in filing their initial license sion, U.S. Public Health Service," and the collimators for the deficient X-ray units. application. Department of Defense. Health physics per­ Approximately 400 dentists were surveyed in All radioactive materials are being placed sonnel employed by the Division and trained this initial program. A voluntary survey of under a licensing program which requires under its programs, will be available to other medical X-ray units in the Greater New a license for the possession and use of sig­ governmental agencies whenever their as­ Orleans Area was conducted by the Tulane nificant quantities of radioactive materials. sistance is required in controlling radiation^ University School of Medicine under contract A prior evaluation will be made on each hazards. Division Health Physicists re­ with the U.S. Public Health Service and the application for radioactive material use to sponded to a recent radiation incident re­ State Board of Health cooperated with the ascertain if the proposed program and use port at the New Orleans^ International Tulane University. School of Medicine in con­ meet minimal acceptable radiation protec­ Airport. Personnel and property were im­ ducting this study. Approximately 400 X-ray tion standards as indicated in the Louisi­ mediately protected, and an investigation units in the New Orleans Area were surveyed. ana Radiation Regulations. Licenses will was initiated to determine if personnel had Environmental radiation surveillance has be issued to applicants who have adequate been overexposed. Assistance was provided been of interest to the Louisiana State Board radiation protection programs and who are by the U.S. Atomic Energy Commission dur­ of Health. Fallout measurements have been experienced and competently trained tq use ing their investigation. Two Health Physi­ made on dust samples collected for air pol­ radioactive materials. cists were involved in this incident for more lution studies in New Orleans and rain sam­ Periodic inspections will be made to each than 4 days. ples have been collected since 1956. Surface licensee’s facilities to determine if the radio­ Training programs to properly educate the water samples, milk samples, and human hair active materials are being used in conformity users of radioactive materials and the general have been collected for the U.S. Public Health with the Louisiana Radiation Regulations public are profitable programs which result Service. Monthly radioactivity measure­ and in accordance with sound health physics in increased public confidence and proper ments have been made on diets from a New practices not explicitly stated in the regula­ utilization of radiation. Training seminars Orleans children’s home and special environ­ tions. Health Physicists from the Division will be presented for X-ray technologists and mental samples were collected in conjunction of Radiation Control have been accompany­ isotope technicians, which will teach radia­ with the visit of the NS S a v a n n a h to New ing AEC compliance inspectors within the tion protection techniques. Conferences Orleans. State for the past year. These, inspections and lectures will be held for radiologists and have served to familiarize the Division’s physicians to acquaint them with nuclear E nvironmental M o n it o r in g Health Physicists with AEC compliance in­ medicine applications and health physics The Louisiana State Board of Health is spection procedures, and the inspections have practices. The industrial user will be ap­ providing a comprehensive environmental been used to inform the current AEC li­ prised of new health physics practices and radiation surveillance program which will censees of the impending agreement state radiation protection programs which apply monitor the entire environment: water, air program. to newly developed isotope applications and and food, including vegetables, fruit, marine Plans for shielding X-ray facilities in hos­ radiation uses. Training programs designed foods, and milk. Surface water samples are pitals, doctors’ offices, clinics, institutions to qualify personnel in proper health physics collected at 31 locations and food samples and industry will be checked against stand­ practices will be an integral part of the will be taken from four parishes. Milk sam­ ards established in the Louisiana Radiation Division’s regulatory program. The general ples are taken from the five major production Regulations. This service will be performed public will be kept informed with factual areas, and marine food samples are to be in conjunction with the Louisiana State information regarding radiation and the analyzed at random intervals in conjunction Board of Health as one aspect of their pro­ sound regulations which protect them. with the oyster water surveillance program. gram of reviewing construction plans for Air sampling stations at six locations medical and institutional installations. The RADIOLOGICAL HEALTH REVIEW throughout the State are being operated in construction plans will be checked against The Louisiana State Board of Health has conjunction with one or more of the fol­ standards and procedures established by the been involved in some radiological health lowing networks: Las Vegas Offsite Moni­ Division of Radiation Control. Shielding activities since the early 1940’s. Initial ac­ toring System, National Radiological Sam­ evaluation data determined by the Board of tivities which were concerned with X-ray pling Network, National Air S a m p lin g Health from the plans will be maintained machines and radium, were limited to recom­ Network, and the Louisiana Network. by the Division of Radiation Control and mendations of good practice procedures. A The Louisiana State Board of Health will any substandard installations will be cor­ film badge service was provided in 1947 by direct the operation of the environmental rected under the authority of the Division. the U.S. Public Health Service to ascertain monitoring program compatible with the Radiation Emergency Reaction Teams have radiation exposures to employees of the State standards and requirements established by been established which can supervise the Board of ..Health, local health units, and the Division of Radiation Control. Tech­ management of radiation accidents and industrial personnel who were using X-ray nical assistance and consultation will be incidents within the State except in case of equipment. provided to the State Board of Health and nuclear attack. Reports of an urgent nature The Atom ic Energy Commission made the environmental monitoring data will be can be investigated by these teams. This radioactive isotopes available to medical, in­ routinely directed to the Division of Radia­ Plan has been made an integral part of the stitutional and industrial firms in 1946. tion Control. The Board of Health will pro­ State Civil Defense disaster plan, and the Inspections of radioactive material users vide special environmental monitoring upon ouisiana Division of Radiation Control is were conducted by the AEC, and a representa­ request at designated locations to assist the he responsible State agency for radiation tive of the Board of Health accompanied Division with data concerned with the opera­ accidents and, incidents. Teams have been many AEC inspectors after the AEC initiated tion of a licensee or registrant. established in New Orleans, Baton Rouge, their policy of inviting State representatives. LICENSING AND REGISTRATION afayette, Ruston, Lake Charles, and the All shoe fluoroscopes underwent a physical atchitoches-Alexandria area. Each team survey in 1950 and the users of the shoe The Louisiana Division of Radiation Con­ onsists of a radiation specialist, chosen for fluoroscopes were advised of the potential trol will license the possession and use of , 8 radiation knowledge and for his access hazards. During subsequent years, followup all types of radioactive materials. Quanti­ a large variety of radiation detection in- surveys were made on the shoe fluoroscopes ties of special nuclear materials sufficient to swmn^ntation in constant use, and a and their removal was recommended. Ap­ form a critical mass will be retained under rsrr an who is experienced in the field of proximately 50 percent of the shoe fluoro­ the AEC regulatory program. Licensing will effects. The Louisiana State Police scopes had been removed from use in 1958, be required for radioactive material not pre­ on ' S primary communication coordina- and Acts, 1958 No. 124 prohibited their use. viously under a licensing program, such as anrt ’ n°*idcation- of the appropriate teams, The State Board of Health has cooperated radium, other natural radioactive materials, ti eaS?rgency ground and air transporta- with the Louisiana Civil Defense Agency in and accelerator-produced isotopes. tirm '/iTlle ^irector of the Division of Radia- radiological defense. Board of Health per­ Exemption from licensing and regulatory control will coordinate the activities of sonnel have been trained as Civil Defense controls have been provided in the Louisiana coTi+r and he can assume management radiological monitors, and State Civil De­ Radiation Regulations for certain small Drovi i °f ra

FEDERAL REGISTER, VOL. 31, NO. 138— TUESDAY, JULY 19, 1966 9756 NOTICES o f radioactive materials, the proposed appli- Division of Radiation Control may advise thirty (30) days to the district court of East -cation, the experience and training of the the licensee or registrant in writing of ad­ Baton Rouge Parish. user, the radiation detection equipment ditional or concurrent inspection findings. The Division of Radiation Control may re­ available, the handling procedures, the dis­ The Louisiana Nuclear Energy Act (R.S. quest the Attorney General to file suit in East posal method and the personnel monitoring. 51:1058) authorizes the entry of the Divi­ Baton Rouge Parish District Court against When appropriate, a pre-licensing survey of sion of Radiation Control personnel into any any individual who violates any rule, regula­ the user’s facilities will be conducted. Li­ licensee’s or registrant’s facilities to deter­ tion, or order issued by the Division. Any censing criteria will be similar to that uti­ mine their, compliance with the Louisiana person who wilfully violates the provisions lized by the U.S. Atomic Energy Commission. Radiation Regulations. of the Louisiana Nuclear Energy Act or any A medical advisory committee will evaluate rules, regulations, and orders issued by the applications for all nonroutine uses of radio­ COMPLIANCE ENFORCEMENT Division of Radiation Control or Board of active materials in humans. This commit­ Nuclear Energy is subject to civil court in­ Minor items of noncompliance with the junction, fine, and/or imprisonment. tee contains licensed physicians with medical Louisiana Radiation Regulations and license ■experience in the use of radioisotopes and or registration conditions may be brought reciprocity a n d compatabilitt radiation. The medical advisory committee to the licensees’ or registrants’ attention at will have representatives of diagnostic The Louisiana Radiation Regulations pro­ the time of the inspection. The licensee or vide for the recognition of licenses issued by radiology, therapeutic radiology, internal registrant will be advised of any items which medicine, pathology and medical physics. could improve his radiation protection pro­ the U.S. Atomic Energy Commission and Provision has been made in the Louisiana gram. A statement of satisfactory compli­ other Agreement States subject to specified ■Radiation Regulations for issuance of a ance or a list of the items of noncompliance conditions. license which will permit the institution to will be submitted to the licensee or regis­ The Louisiana Nuclear Energy Act states determine specific uses within the confines trant for his acceptance. If the licensee or that it is the policy of the State of Louisiana of broad license restrictions. This type of -to institute and provide utilization and con­ registrant acknowledges the items of non- trol progr&ms compatible with standards and specific license will be issued to institutions compliance and agrees to correct the items 'having personnel with extensive training within a specified period of time, then no regulatory programs of the Federal Govern­ and experience in radiation who will make ment and of the States. The Louisiana Divi­ further administrative action will be taken. sion of Radiation Control will exercise its the specific evaluations on each proposed The items of noncompliance will be checked use. best effort toward achieving a close working for proper correction during the next in­ relationship and a uniform regulatory pro­ Registration of all sources of radiation spection. gram commensurable with other states and other than radioactive materials is required More severe items of noncompliance will the U.S, Atomic Energy Commission. under the Louisiana Radiation Regulations. be reviewed by the Division of Radiation Certification of registration by the Division Control, and the licensee or registrant will DIVISION OF RADIATION CONTROL STAFF of Radiation Control will be required prior receive formal written notification describ­ The Division of Radiation Control staff will to placing the source of radiation into use. ing the item of noncompliance. The licensee devote their full efforts to the radiation The registrant will be required to meet the or registrant is required to correct this de­ regulatory program in Louisiana. The Di­ same radiation protection standards estab­ ficiency within a period of time specified by rector of the Louisiana Division of Radiation lished by the Louisiana Radiation Regula­ the Division, and he is required to notify the Control will have the direct responsibility for tions which are applicable to licensees. Division in writing of the corrective action the State’s radiological health program. The INSPECTIONS taken. A subsequent inspection will be Director and his assistant will supervise the scheduled, dependent upon the severity of administration of the State’s regulatory pro­ Inspections of each licensee and registrant the hazard, to check the corrective action. gram, and all radioactive material licenses will be conducted by the Louisiana Division Whenever the licensee or registrant fails to will be reviewed by the Director or the Assist­ of Radiation Control health physics staff on reply to the notice of noncompliance or fails ant to the Director. Licenses will be issued a recurring basis. The inspections will be to take appropriate corrective action, then and registrations will be certified under the adequate to determine compliance with the the Division may terminate or modify the authority of the Director. Louisiana Radiation Regulations and to as­ license or registration. The Division may by sist the licensee or registrant with the con­ The health physics staff will participate in rule, regulation, or order, impose upon any the initial review of license applications and tinuous maintenance of his radiation pro­ licensee or registrant, such requirements, in tection program. Licensees or registrants registrations. The Health Physicists will be addition to those established in the Louisi­ primarily responsible for conducting all in the most hazardous category may be in­ ana Radiation Regulations, as it deems ap­ spected on 4- to 6-month intervals. Each license inspections and surveys of the regis­ propriate or necessary to minimize danger to trant’s facilities. Survey reports and inspec­ specific licensee whose program requires per­ public health and safety or property. tions by the Health Physicists will be sonnel monitoring or where there is a like­ Should the Division of Radiation Control reviewed by the Director or his assistant. lihood of a significant release of radioactivity determine that an emergency exists, it shall The radioactive materials program will be to the environment, will be inspected within have the authority to impound or to order under the primary supervision of the Direc­ 1 year after the initiation of his program. the impounding of any source of radiation tor, and the Assistant to the Director will The AEC priority system will be generally re­ in the possession of any person who is not exercise direct supervision over the registra­ tained for each existing AEC specific licensee equipped to comply or fails to comply with tion program. The health physics staff wil until they have been assigned their next the provisions of the Louisiana Radiation receive training and instruction from the inspection date, based on a current inspec­ Regulations or the Louisiana Nuclear Energy Director and his assistant. Training re­ tion. Frequency of subsequent inspections Act. The Division may issue a regulation or ceived by the health physios staff includes will depend upon their scope of operation, order reciting the existence of an emergency procedures for performing radioisotope m~ the relative radiation hazard, and the find­ which requires immediate action to protect spections, review and explanation of regula­ ings of the previous inspection. Other spe­ the occupational or public health and safety. tions, survey of X-ray units, shielding criteria cific licensees will be inspected at the mini­ for radiation facilities, use of radiation in­ mum rate of 10 percent per year. Each spe­ ADMINISTRATIVE AND JUDICIAL REVIEW cific licensee will receive an inspection prior struments and emergency procedures. to the expiration date on his current Louisi­ Any person affected by the regulatory ac­ The Division of Radiation Control staff ana license. Inspections may be either an­ tions of the Division of Radiation Control consists of the Director, Assistant to the Di nounced or unannounced at the discretion may request a hearing which shall be held rector, and three Health Physicists. An a<1 of the Division of Radiation Control. and that person will be admitted as a party tional Health Physicist has been requestea Some items reviewed by the Health Physi­ to such proceedings. The Board of Nuclear in fiscal year 1966—67. It is anticipated cists are the administration of the user’s Energy reviews and approves or rejects the a technical staff of six, including tbe Direc­ organization, the quantity and types of radi­ policies, programs, and regulations of the tor and his assistant, will provide sufficient ation sources, the applications of radioactive Division. Any person who alleges he has personnel to conduct an adequate ratva . flj material, storage facilities, personnel moni­ been aggrieved by the final actions or de­ regulatory program in Louisiana. A ce toring, the compliance with posting require­ cision of the Division of Radiation Control staff of three serves the technical staff, au ments, and the radiation levels in and around may request, in writing, within ten (10) days an administrative assistant under the the facility. X-ray units will be checked after the occurrence of the alleged grievance, of Nuclear Energy handles some budgeia y for proper filtration and collimation. Proper that the Board of Nuclear Energy hold a and personnel matters for the D i v i s i o n . protection of operating personnel will be hearing to investigate his complaint. The The Louisiana Nuclear Energy Act estao checked. Licensees and registrants will be Board of Nuclear Energy has the power to lishes the qualifications for the Director tentatively advised of the inspection results subpoena records and individuals and to take the Louisiana Division of Radiation Con • at the conclusion of the inspection, and pre­ testimony by deposition similar to civil The Director shall be a person liminary recommendations concerning any judicial procedure. The decision of the extensivè academic training and p substandard findings will be made. These Board of Nuclear Energy shall not become experience in the field of health and findings and recommendations will be subject final for a period of thirty (30) days from the tion protection. The Assistant to ***■ to review by the Division of Radiation Con­ date of the decision. The complainant has tor is a Civil Service position YhiC^JfnS in trol and the Board of Nuclear Energy. The the right to appeal an adverse decision within a bachelor’s degree and 3 years expe

FEDERAL REGISTER, VOL. 31, NO. 138— TUESDAY, JULY 19, 1966 NOTICES 9757 a radiation regulatory program or a bache­ FINANCIAL SUPPORT otherwise could be obtained; that execution lor’s degree in a physical, biological or engi­ The State of Louisiana has provided the and performance of the lease will not affect neering science with course work in radiatiohr Board of Nuclear Energy and the Division the control of an air carrier directly engaged physics or nuclear science and 2-years’ expe­ of Radiation Control with ample funds to in the operation of aircraft in air transpor­ rience in a radiation regulatory program. implement a comprehensive radiological tation, will not result in creating a monop­ M inim um qualifications for health physicists health regulatory program in the 1964-65 oly; and will not tend to restrain competi­ on the Division or Radiation Control staff are fiscal year and the 1965-66 fiscal year. The tion; and that it does not appear that there a bachelor’s degree in a physical, biological State of Louisiana has fully supported the is any person who has or will disclose a or engineering science with course work in policies and programs of the Board of Nu­ substantial interest who will request, or have radiation physics or nuclear science, or a clear Energy and the Division of Radiation standing to request a hearing. Alaska fur­ bachelor’s degree with 1 year’s experience in Control, and there is every reason to expect ther states that it appears probable that the a radiation regulatory program. Health continued support of this program in line date which will be fixed in the contract be­ physics positions are available at several lev­ with the State’s policy to protect the health tween Banff and Pacific Western for com­ els, depending upon academic training and and welfare of its people. Fiscal year 1966— mencement of the transportation will arrive experience in radiation fields. 67 will terminate the organizational phase before the Board has had time the process The Director of the Division of Radiation of the Division and a normal operational and approve its application, with or without Control holds a doctorate in nuclear physics a hearing; and that if Alaska is unable to and he received specialized health physics level will be established. perform the lease, the resultant idleness of training, partly at Oak Ridge National Lab­ [F.R. Doc. 66-7554; Filed, July 11, 1966; the aircraft would constitute an undue bur­ oratory in conjunction with his master’s 8:48 a.m.] den on Alaska and would not be in the public degree. Prior to his present position, he interest. was the health physicist in charge of a large No objections to the application have been university program and assistant to the head received. of the Physics Department. The Assistant A threshold jurisdictional question is posed to the Director was recently Supervisor of CIVIL AERONAUTICS BOARD by the subject application; i.e., whether the Radiological Health of the radiation regula­ ALASKA AIRLINES, INC. agreement is one involving a series of charter tory program in another state. He is a flights within the meaning of section 401 of college graduate and has 3 years’ experience Notice of Proposed Approval the Act, or one involving a lease of aircraft in health physics and radiation regulatory within the meaning of section 408. programs. The present staff is highly quali­ Application of Alaska Airlines, Inc., for Provisions of thé agreement which indicate fied. One Health Physicist holds a master’s approval of lease transaction pursuant that it is an arrangement for a series of degree in radiological health, one has had to section 408 of the Federal Aviation Act charter flights are: (1) Alaska shall furnish considerable graduate work in nuclear science the flight crews and “actual operation of the and physics, and one holds an engineering of 1958, as amended. leased property shall be performed by Lessor’s degree with nuclear science course work. Notice is hereby given, pursuant to the operational personnel”; (2) Alaska bears the Biographical descriptions containing the statutory requirements of section 408(b) expense of maintenance personnel and equip­ academic training, education and experience of the Federal Aviation Act of 1958, as ment necessary for maintenance; (3) Alaska in radiological health of the current Division amended, that the undersigned intends assumes the risk of damage to, or loss or of Radiation Control staff is available upon to issue the attached order under dele­ destruction of, the aircraft; and (4) opera­ request. gated authority. Interested persons are tions shall be in accordance with Alaska’s INSTRUMENTATION hereby afforded a period of 15 days flight manual. The Division of Radiation Control possesses On the other hand, the following provi­ from the date of service within which to sions indicate that the agreement is for the a large variety of portable radiation detection file comments or request a hearing with instrumentation which can detect all types lease of aircraft: (1) The contract contains of radioactivity and measure radiation levels respect to the action proposed in the no restriction as to Pacific Western’s use of over a wide range. These instruments in­ order. the aircraft except that it must be based in clude Geiger-Muller survey meters, gas flow Canada (there is no provision requiring its proportional counters, fast-slow neutron sur­ Dated at Washington, D.C., July 14, use on certain routes for a specified number vey meters, multirange ionization meters, air 1966. of flights as is the usual case in “wet leases”) ; samplers and a velometer. This portable in­ J. W. R osenthal, (2) Pacific Western is to bear all fuel and strumentation was designed to support Director, oil costs; (3) Pacific Western shall have sole field inspection activities and to answer Bureau of Operating Rights. and exclusive direction as to use of the air­ instrumentation requirements for radiation craft; (4) Pacific Western is to furnish main­ emergencies. Application of Alaska Airlines, Inc., for tenance personnel and equipment for main­ Laboratory type instrumentation has been exemption pursuant to section 416 of the tenance, although at Alaska’s expense, and ordered which will provide identification of Federal Aviation Act of 1958, as amended, maintenance shall be made under the direc­ radioactive materials and precise measure­ or approval pursuant to section 408 thereof tion of Alaska’s personnel; and (5) Pacific ments of activity. The laboratory in­ of an aircraft lease, Docket 17430. Western shall, at its sole cost and expense, comply with all laws, regulations and re­ strumentation is being developed around a Order A pproving Lease Agreem ent flexible system which will provide inputs quirements of any foreign country in which from various types of radiation detectors, On June 22, 1966 Alaska Airlines, Inc. the aircraft will be operated and shall obtain such as solid state, scintillation, gas flow, (Alaska), filed with the Board an application and keep aJl permits, licenses, certificates and end proportional counters. The system will requesting an exemption pursuant to section approvals required in connection with opera­ provide spectral means of identification and 416(b) of the Federal Aviation Act of 1958, tions conducted with the aircraft. n ''^^Lannel analyzer will be an integral as amended (the Act), from the provisions of Upon consideration of the foregoing, we Pert of this system. Data output will be section 408 thereof, or, alternatively, approval conclude that Alaska will, under the agree­ n a form compatible with existing electronic pursuant to section 408 with respect to the ment, surrender such dominion and control ata processing systems for the purpose of lease by Alaska of one Hercules 382 aircraft over the aircraft as to constitute the arrange­ providing accurate and rapid analysis. Lab- to Pacific Western Airlines, Ltd. (Pacific ment as a true lease within the meaning of atory services may be contracted with Western), a Canadian corporation. The section 408 of the Act. mmercial companies whenever necessary, lease agreement, the terms of which are de­ It is noted that the applicant requests ap­ perform analyses which require instru­ tailed below, is for a period of approximately proval of the lease before July'sfi, 1966, or “if mentation not available to the Division, 2 months beginning July 5, 1966. The air­ such approval cannot be granted before that an ,°mPlete nuclear facilities are available at craft is to be utUized by Pacific Western in date,” that Alaska be exempted from section at t^ 68 ^vision of Radiation Control the performance of a contract with Banff 408. In this instance it is not Alaska which Solo« Louisiana State University Nuclear Oil Co., Ltd. (Banff), for the movement of is subject to section 408, but Pacific Western m^ncl Center- A® arrangement has been goods and supplies of the latter. in this transaction, and it, of course, cannot Director of the LSU Nuclear Sci- In support of its application Alaska states be given an exemption since it is not an air tion V ^ er *° assist the Division of Radia- that the transportation to be performed pur­ carrier. Therefore, the subject application comm ~°ntro1 Ly making available their suant to the lease must be accomplished in will be treated as seeking relief under section Scienpet^ laboratory facilities. The Nuclear the near future because of the limited season 408 of the Act. lahn*„5 Center can provide complete nuclear during which the transported equipment can Notice of intent to dispose of the applica­ .hood«^7^.suPP°rt’ uuratorv sunnnrt including radiochemical — 1 be utilized; that it is contemplated that tion without a hearing has been published trum o activity storage facilities, spec- movement of such equipment should com­ in the F ederal R egister, and a copy of such strumoiw^?s*s’ calibration and additional in- mence on or about July 5, 1966; that it be­ notice has been furnished by the Board to NucIpqi* o The personnel of the LSU lieves that the lease with Pacific Western is the Attorney General not later than the day the , ence Center is available to assist fair, reasonable, advantageous, . and com­ following the date of such publication, both an lon of Radiation Control whenever pensatory to Alaska and will permit more in accordance with the requirements of sec­ a emergency arises. complete utilization of the aircraft than tion 408 of the Act.

FEDERAL REGISTER, VOL. 31, NO. 138— TUESDAY, JULY 19, 1966 9758 NOTICES

Upon consideration of the application, it fice and transport it on its regularly cause why the Board should not adopt is concluded that jurisdiction under section scheduled flight leaving Springfield at 408 exists since Pacific Western, a person the foregoing proposed findings and con- engaged in a phase of aeronautics, will lease 1900 hours and arriving at Boston at 1945 elusions and fix, determine and publish a substantial portion of the assets of Alaska, hours. Buker will make delivery to the the final rate specified above as the fair an air carrier. However, it has been further appointed airline transfer points or the and reasonable rate of compensation to concluded that such lease does not affect Airport Mail Facility at Logan Airport be paid to Buker Airways, Inc., for the the control of an air carrier directly engagfed within 45 minutes of arrival. Mail will transportation of mail by aircraft, the in the operation of aircraft in air transporta­ be carried from Boston to Springfield on facilities used and useful therefor, and tion, does not result in creating a monopoly the return flight departing at 1200 hours the services connected therewith as and does not restrain competition or jeopard­ ize another air carrier not a party to the from Logan Airport. specified above; transaction. Furthermore, no person dis­ In support of its petition, Buker alleges 2. Further procedures herein shall be closing a substantial interest is currently there is presently no mail service by air in accordance with 14 CFR Part 302, and requesting a hearing and it is found that the between the above-named points. The if there is any objection to the rate or public interest does not require a hearing. petition states further that Springfield to the other findings and conclusions The control relationships are similar to those is a major machine tool manufacturing proposed herein notice thereof shall be approved in Order E-23861, issued June 27, area contributing a great deal to the filed within 10 days, and if notice is filed, 1966, and essentially do not present any new national defense and economy, and that substantive issues. Accordingly, approval written answer and supporting docu­ thereof would not appear to be inconsistent it would be in the public interest to es­ ments shall be filed within 30 days, after with the public interest. Moreover, it ap­ tablish the requested rate. the date of service of this order; pears that the lease will permit Alaska to In its answer, the Post Office Depart­ 3. If notice of objection is not filed achieve greater utilization of its aircraft ment states that the services proposed by within 10 days, or if notice is filed and than otherwise would be obtained. Buker in its application will afford the answer is not filed within 30 days, after Pursuant to authority duly delegated by Department increased flexibility in the service of this order, all persons shall the Board in the Board’s Regulations, 14 CFR transportation of mail and greatly im­ be deemed to have waived the right to 385.13, it is found that the foregoing trans­ prove mail service between Springfield action should be approved under section a hearing and all other procedural steps 408(b) of the Act, without a hearing. and Boston, and points beyond. The De­ short of a final decision by the Board, Accordingly, it is ordered: partment also supports the proposed rate and the Board may enter an order in­ 1. That the transaction between Alaska of 9 cents per pound for postal matter corporating the findings and conclusions and Pacific Western be and it hereby is ap­ transported, stating it believed this to be proposed herein and fix and determine proved under section 408 of the Act; a fair and reasonable rate of compensa­ 'the final rate specified herein. 2. That this action shall not be deemed an tion to be paid to Buker Airways for the 4. If answer is filed presenting issues approval for rate-making purposes of the transportation of mail by aircraft be­ financial provisions of the transaction; for hearing the issues involved in de­ 3. That to the extent not granted, Alaska’s tween Springfield and Boston, the facili­ termining the fair and reasonable final application be and it hereby is dismissed; and ties used and useful therefor, and the rate shall be limited to those specifically 4. That this order may be amended or services connected therewith. raised by the answer, except insofar as revoked at any time in the discretion of the Under these circumstances, the Board other issues are raised in accordance Board without hearing. finds it in the public interest to fix and with Rule 307 of the rules of practice Persons entitled to petition the Board for determine the fair and reasonable rates (14 CFR 302.307); and review of this Order pursuant to the Board’s of compensation to be paid to Buker Air­ Regulations, 14 CFR 385.50, may file such 5. This order shall be served upon petitions within 5 days after the date of ways, Inc., by the Postmaster General Buker Airways, Inc., and the Postmaster service of this order. for tiie transportation of all classes of General. This order shall be effective and become mail by aircraft, the facilities used and the action of the Civil Aeronautics Board useful therefor, and the services con­ This order will be published in the upon expiration of the above period unless nected therewith, between the aforesaid F ederal R egister. within such period a petition for review points. Upon consideration of the peti­ By the Civil Aeronautics Board. "thereof is filed, or the Board gives notice tion and other matters officially noticed, that it will review this order on its own [seal] H arold R. S anderson, the Board proposes to issue an order to Secretary. motion. include the following findings and con­ [seal] H arold R. S anderson, clusions: [F.R. Doc. 66-7818; Filed, July 18, I960: Secretary. 1. That the fair and reasonable final 8:48 a.m.] By J. W. Rosenthal, service mail rate to be paid to Buker Director, Airways, Inc., pursuant to section 406 Bureau of Operating Bights. of the Act for the transportation of mail [F.R. Doc. 66-7817; Filed, July 18, 1966; by aircraft, the facilities used and useful FEDERAL COMMUNICATIONS 8:48 a.m.] therefor, and the services connected therewith between Springfield, Vt.,'and COMMISSION Boston, Mass., shall be nine cents per [Docket No. 16258; FCC 66M-960] [Docket 17406; Order No. E-23942] pound; AMERICAN TELEPHONE & TELEGRAPH BUKER AIRWAYS, INC. 2. This rate shall apply to the de­ scribed mail services of Buker Airways, CO. ET AL. Order To Show Cause Inc., to the extent it is authorized to Memorandum Opinion and Order Adopted by the Civil Aeronautics engage in air transportation and to pro­ Board at its office in Washington, D.C., vide such mail services as an air taxi In the matter of American Telephone on the 12th day of July 1966. operator pursuant to the provisions of & Telegraph Co. and the Associated Ben By petition, filed on June 14, 1966, Part 298 of the Board’s Economic Regu­ System Cos., Docket No. 16258; charges Buker Airways, Inc., requests the Board lations; and for interstate and foreign communica­ to establish a final service mail rate for 3. The final service mail rate here tion service. the transportation of mail by aircraft fixed and determined is to be paid in its 1. By petition, filed July 5, 1966, tne between Springfield, Vt., and Boston, entirety by the Postmaster General. Bell System Respondents request clari­ Mass. Accordingly, pursuant to the Federal fication of the memorandum opinion & fl Petitioner states it is presently provid­ Aviation Act of 1958, and particularly order of this Committee of June 17,1» ing regularly scheduled service between sections 204(a) and 406 thereof, and (FCC 66M-850), and an extension oi the above-named points as an air taxi pursuant to regulations promulgated in time within which to submit certain au operator. It proposes to transport mail 14 CFR Part 302, ditional evidence. between these points at a rate of ($0.09) It is ordered, That: 2. Our order of June 17, 1966, P " nine cents per pound. As described in 1. All interested persons and particu­ vided that Respondents shall subnouj the petition, Buker proposes to pick up larly Buker Airways, Inc., and the Post­ their complete justification for mclusi nf postal matter at the Springfield Post Of­ master General are directed to show in the rate base of claimed amounts

FEDERAL REGISTER, VOL. 31, NO. 138— TUESDAY, JULY 19, 1966 NOTICES 9759

“telephone plant under construction, 6. Respondents contend, further, that examination of the witnesses of the cash working capital, and material and the requirement with respect to “all other Commission staff and other parties sub­ supplies,” as well as “the reasonableness items of rate base claimed” needs clari­ mitting evidence as provided above. of all other items of rate base” claimed fication, pointing to the relation to other in their presentation with respect to specified issues in Phase 2, such as Sep­ Released: July 13, 1966. Phase 1. The quoted language was arations, and Western Electric prices, F ederal Communications specified in paragraph 3 of the Commis­ which could affect net investment. We Commission, sion’s opinion and order of October 27, did not intend such a result, nor find it [seal] B en F. W aple, 1965, which instituted this proceeding. a necessary construction of the order. Secretary. That same paragraph pointed out that In order that there be no misunderstand­ [F.R. Doc. 66-7821: FUed, July 18, 1966; the Commission, in effect, excluded the ing, however, we shall appropriately limit 8:48 a.m.l items of telephone plant under construc­ the language. tion, cash working capital and material 7. With regard to the issues of rate­ and supplies in determining Respondents making principles and factors, Respond­ [Docket No. 16258; FCC 66M-965] revenue requirements in the Private Line ents will not file their evidence until AMERICAN TELEPHONE & TELEGRAPH Case, 34 FCC 217. Accordingly, the ex­ July 29, 1966. It is accordingly not pos­ CO. ET AL. pectation was expressed that Respon­ sible to gauge at this time either the na­ dents would justify the inclusion of these ture or complexity of the testimony and Order Following Further Prehearing items. studies to be introduced, and we make Conference 3. The subsequent memorandum opin­ no provision at this time either for noti­ ion and order of December 22,1965 (FCC fication of witnesses and subjects, and In the matter of American Telephone 65-1143), specified a two-phase proce­ filing of testimony on those issues by the & Telegraph Co. and the Associated Bell dure, under which Respondents were to Commission Staff and other parties, or Systems Cos., Docket No. 16258; charges present, in Phase 1, their total inter­ for the cross-examination of Respond­ for interstate and foreign communica­ state and foreign operating results for ents’ witnesses on those subjects. tion service. the most recent 12 months (par. 3). It 8. Consideration has also been given Pursuant to the Telephone Commit­ was further stated that following cross- to other procedural dates which should tee’s order of April 21, 1966 (FCC 66M- examination and presentation of evi­ be specified and are established herein. 571), a further prehearing conference dence by other parties and the Commis­ Accordingly, it is ordered, This 12th was convened herein on July 11,1966, for sion Staff, consideration would be given day of Jtily 1966, that: the purpose of endeavoring to narrow the to possible interim actions, accepting for 1. Respondents evidence in justifica­ issues to be decided, to eliminate or re­ this purpose Respondents’ claimed net tion for the inclusion in their rate base duce evidentiary presentations on is­ investment as derived from their books, of claimed amounts of telephone plant sues as to which there is no serious dis­ without adjustment. It was thereupon under construction, cash working capi­ pute, and to reduce the number of wit­ ordered that following completion of the tal, and material and supplies, shall be nesses required, insofar as this proceed­ receipt of evidence in Phase 1, consid­ filed and distributed on or before Sep­ ing deals with the matter of establishing eration would be given to what action, tember 15, 1966, rather than July 29, principles and procedures to be employed if any, may be taken by the Commission 1966. by respondents to separate their invest­ to effect interim rate adjustments as may 2. There is deleted from the ordering ments, reserves, expenses, takes and rev­ be warranted “on the basis of the record paragraph of the order of June 17, 1966, enues, between interstate and foreign thus far made.” the words “as well as the reasonableness communication services, on the one 4. Respondents evidence on Phase 1, of all other items of rate base.”, hand, and intrastate communication originally scheduled for April 4, 1966, And it is further ordered, That: services, on the other hand. Pursuant was filed in part on May 31, 1966, and 1. An oral hearing shall be held begin­ to the direction of the Telephone Com­ at the request of Respondents, the time ning on September 26, 1966, for cross- mittee, the parties present at the con­ for filing the remainder, dealing with examination of Respondents witnesses ference organized themselves into a ratemaking principles was deferred to with respect to the evidence relating to Technical Experts Group consisting of July 29, 1966. In view of the fact that telephone plant under construction, cash representatives of the Federal Communi­ Respondents had claimed, in their pres­ working capital, and material and sup­ cations Commission staff and represent­ entation, amounts representing plant plies, together with any other of Re­ atives from among those who filed spe­ under construction, cash working capi­ spondents witnesses who may not have cific proposals in response to our order tal and material and supplies, items been reached for cross-examination at Of April 21, 1966. which we have consistently disallowed the hearings beginning July 18,1966 (but Following a recess of the conference on since the Private Line Case, supra, but excluding those filing evidence on July July 11, 1966, the Technical Experts failed to submit any justification there- 29, 1966, on rate-making principles and Group held informal sessions and re­ for, and in view of the delay caused by factors). ported back to the reconvened confer­ Respondents’ requests, we issued our or- ence on the afternoon of July 12, 1966. 2. On or before September 23, 1966, The Technical Experts Group then in­ • June 17,1966, to which the petition the Commission staff and parties other is directed. dicated on the record that it would con­ than Respondents, shall notify the Tele­ tinue to carry on its work, holding in­ 5. Respondents now contend that the phone Committee, the Cooperating formal meetings at the convenience of 17, 1966, order represents a sub- Commissioners, the Hearing Examiner, the participants, with the objective of tantial departure from the procedures and all parties of record, of the names of achieving a final position by October 3, Previously specified by the Commission. witnesses and subject matter of their 1966, which would be supported by the ney state, nevertheless, that they are testimony with regard to any evidence serving and filing of related supporting WRhng to cooperate, provided they may filed and distributed by Respondents testimony and exhibits by October 17, ext.ension of time to September subsequent to May 31, 1966, except with 1966. snik1 nP®’ which to prepare and respect to rate-making principles and Dinit their justification with respect factors. To the extent feasible, the Telephone Committee and the Commission’s staff wor^ing capital, material and 3. On or before October 17, 1966, the PPlies, and plant under construction. will render such assistance to the Tech­ Commission staff and all other parties nical Experts Group as may be required thi!re We no^ necessarily agree that shall file and distribute their testimony to achieve an efficient and expeditious l nri^ei>resen^s an enlargement of Phase dealing with net investment, operating under the circumstances of the orders, resolution of their endeavors. The meet­ results, and any other issue (except rate­ ings of the Technical Experts Group will nnr,fi ■' nevertheless, grant the re- making principles and factors) in Phase j sred delay as we believe this can be be open to all, but participation will be 1, not theretofore dealt with. limited to those who have submitted one without jeopardizing the overall 4. On November 7, 1966, there be an written proposals on the separations e schedule of the proceeding. oral hearing for the purpose of cross - issue.

FEDERAL REGISTER, VOL. 31, NO. 138— TUESDAY, JULY 19, 1966 9760 NOTICES

The Technical Experts Group shall It appearing, that the previously give reasonable advance notice to all planned absence of movant’s counsel FEDERAL MARITIME COMMISSION parties to this proceeding of the time from Washington on the first scheduled [Docket No. 66-36] and place of any meetings which it date is the ground for the motion, that •plans to hold. counsel for all other parties have infor­ OUTWARD CONTINENTAL NORTH So ordered this 13th day of July 1966. mally indicated their consent to a grant ^PACIFIC FREIGHT CONFERENCE of the motion and waiver of the “4-day” Released: July 14,1966. rule otherwise applicable to ruling on the Notice of Postponement of Dates F ederal Communications motion, and that “good cause” for afford­ Admission, withdrawal and expulsion. Commission, ing the relief sought has been shown; Self-policing reports. Shippers’ requests [seal] B en F. W aple, Accordingly, it is ordered, This 14th and complaints. Secretary. day of July 1966, that the “Motion for Respondent Outward Continental Continuance” filed by counsel for TVUE [F.R. Doc. 66-7822; Filed, July 18, 1966; North Pacific Freight Conference has re­ 8:48 a.m.] Associates, Inc., on July 13, 1966, is quested a postponement of the date for granted, and the prehearing conference filing affidavits of fact and memoranda heretofore scheduled for July 21 is post­ of law specified in the order to show [Docket Nos. 16745-16748; FCC 66M-967] poned to July 28, 1966, at 9 a.m., in the cause, served June 6, 1966. Good cause offices of the Commission, Washington, appearing, the following revisions to that McCULLOCH COUNTY TRANSLATOR D.C., with the scheduled hearing date order are made: CO-OP ET AL. being unaffected by this order. (1) Respondents shall file affidavits of Released: July 14, 1966. fact and memoranda of law no later than Order Scheduling Hearing the close of business September 8, 1966. In re applications of McCulloch Coun­ F ederal Communications (2) Hearing Counsel and intervenons, ty Translator Co-op, Brady, Tex., Docket Commission, if any, shall file replies to respondent’s No. 16745, File No. BPTT-1349; McCul­ [seal] B en F. W aple, affidavits of fact and memoranda of law loch County Translator Co-op, Brady, Secretary. no later than close of business September Tex., Docket No. 16746, File No. BPTT— [F.R. Doc. 66-7824; Filed, July 18, 1966; 26,1966. 1350; McCulloch County Translator Co­ 8:48 a.m.] (3) Persons other than respondents op, Brady, Tex., Docket No. 16747, File and Hearing Counsel who desire to be­ No. BPTT-1351; McCulloch County [Docket Nos. 16712,16713; FCC 66M-971] come a party to this proceeding shall Translator Co-op, Brady, Tex., Docket file a petition for leave to intervene in No. 16748, File No. BPTT-1352; for con­ TREND RADIO, INC., AND JAMES accordance with Rule 5(1) (46 CFR struction permits for new UHF televi­ BROADCASTING CO., INC. 502.72) of the Commission’s rules of sion broadcast translator stations. practice and procedure, no later than It is ordered, This 13th day of July Order Continuing Hearing close of business July 30,1966, with copy 1966, that David I. Kraushaar shall serve In re applications of Trend Radio, to Respondent Conference. as Presiding Officer in the above-entitled Inc., Jamestown, N.Y., Docket No. 16712, By the Commission. proceeding; that the hearings therein File No. BPCT-3665; James Broadcast­ shall be convened on September 12,1966, [seal] T homas Lisi, ing Co., Inc., Jamestown, N.Y., Docket Secretary. at 10 a.m.; and that a prehearing con­ No. 16713, File No. BPCT-3694; for con­ ference shall be held on July 29, 1966, struction permits for new television [F.R. Doc. 66-7810; Filed, July 18, 1966; commencing at 9 a.m.: And it is further broadcast station. 8:47 a.m.] ordered, That all proceedings shall be A prehearing conference having been held in the offices of the Commission, held on July 14, 1966, at which certain Washington, D.C. agreements were reached and certain Released: July 14,1966. rulings were made; FEDERAL POWER COMMISSION It is ordered, This 14th day of July [Project 1922] F ederal Communications 1966, that: Commission, (1) The applicants’ direct affirmative CITY OF KETCHIKAN, ALASKA [ seal] B en F. W aple, cases will be presented primarily in the Secretary. Notice of Application for Amend­ form of sworn, written exhibits, but such ment of License To Increase Ex­ [F.R. Doc. 66-7823; Filed, July 18, 1966; cases may be supplemented by oral 8:48 a.m.] testimony; isting Project Generation System (2) On or before October 3, 1966, the J uly 12,1966. applicants shall exchange copies of their Public notice-is hereby given that ap­ [Docket Noe. 16735,16736; FOC 66M-972] exhibits, together with a list of the wit­ plication has been filed under the Fed­ nesses who will testify orally and a brief eral Power Act (16 U.S.C. 791ar-825r) by TVUE ASSOCIATES, INC., AND statement as to the scope of the testi­ city of Ketchikan, Alaska (correspond­ GALVESTON TELEVISION, INC. mony of each witness; ence to: Elmer B. Titus, Manager, Ketch­ (3) Any party desiring the production Postponement of Prehearing ikan Public Utilities, Post Office Box of any individual for cross-examination 1019, Ketchikan, Alaska 99901), for Conference shall give notification thereof on or be­ amendment of the license for constructed In re applications of TVUE Associates, fore October 17, 1966; and, Project No. 1922, known as the Beaver Inc., Galveston, Tex., Docket No. 16735, (4) The hearing now scheduled to Falls Project, located on Beaver Fans File No. BPCT-3690; Galveston Televi­ commence on September 12,1966, is con­ Creek, and Upper and Lower Silvis Lakes, sion, Inc., Galveston, Tex., Docket No. tinued to October 24, 1966, commencing in the First Judicial Division, Alaska; 16736, File No. BPCT-3747; for construc­ at 10 a.m. in the offices of the Commis­ near the city of Ketchikan, and affecting tion permits for new television broadcast sion at Washington, D.C. lands of the United. States within me station (Channel 16). Released: July 14, 1966. Tongass National Forest. . The Hearing Examiner having under The application covers proposea consideration a “Motion for Continu­ F ederal Communications changes in the project works design ance” filed July 13, 1966, by counsel for Commission, to increase the Beaver Falls Project i t ­ TVUE Associates, Inc., requesting that [seal] B en F. W aple, eration system, consisting of: (1) the prehearing conference heretofore Secretary. placement of the existing detenoraieu scheduled for July 21, 1966, be postponed [F.R. Doc. 66-7825; Filed, July 18, 1966; dam (crest elevation, 1,128 feet) until July 28, 1966; 8:48 a.m.] Upper Silvis Lake with (a) a eoncre

FEDERAL REGISTER, VOL. 31, NO. 138— TUESDAY, JULY 19, 1966 NOTICES 9761 faced, rock-filled dam, 60 feet high and set forth in the petitions to amend which [Docket No. CP67-1[ 136 feet long (crest elevation, 1,164 feet) are on file with the Commission and open and (b) a concrete-faced, rock-filled to public inspection. LONE STAR GAS CO. saddle spillway 72 feet long (crest eleva­ By its order issued in the instant pro­ Notice of Application tion, 1,154 feet); (2) a reservoir at ele­ ceeding, as amended, the Commission vation 1,154 feet (26 feet above existing issued to Petitioners certificates of public J uly 12,1966. lake level) extending upstream about 1.25 convenience and necessity authorizing Take notice that on July 1, 1966, Lone miles with (a) surface area of about 300 the construction and operation of facili­ Star Gas Co. (Applicant), 301 South acres, (b) usable storage of about 22,000 ties for the exchange of up to 35,000 Mcf Harwood Street, Dallas, Tex. 75201, filed acre-feet at 100 feet of drawdown; (3) of gas per day among Petitioners and in Docket No. CP67-1 an application pur­ a reconstructed intake gatehouse to ac­ Arkansas, limited in duration to a period suant to section 7(b) of the Natural Gas commodate, the raised lake level; (4) a ending May 1, 1966. Act for permission and approval to aban­ 36-inch diameter steel penstock about Petitioners state that by letter agree­ don the operation of certain natural gas 360 feet long from the lower portal of ment dated April 22, 1966, Colorado and facilities for the transportation of nat­ the Upper-Silvis Lake tunnel to the pro­ Arkansas have amended the exchange ural gas in interstate commerce, all as posed powerhouse; (5) a powerhouse at agreement to extend the term thereof to more fully set forth in the application the upper end of Lower Silvis Lake to May 1, 1967. Petitioners further state which is on file with the Commission and contain a 2,100 kw generating unit; (6) that the exchange agreement has also open to public inspection. a Silvis substation with 2,500 kVa 4.16/33 been amended to change the point of de­ Applicant states that the facilities pro­ kv transformer, and the replacement of livery of exchange gas to be delivered to posed for abandonment are various the existing ^etchikan substation 1,500 Natural by Colorado from the previous lateral supply pipelines and related facil­ kva transformer with a new 5,000 kva location at Natural’s Compressor Station ities extending from its existing pipeline 34.5/4.16 kv transformer; (7) a 4.1-kv No. 101, Texas County, Okla., to a new system to a single well or to a single point transmission line about 180 feet long point of delivery in Beaver County, Okla., in the area of production. Applicant fur­ from the Silvis powerhouse to the Silvis at which point Colorado will sell and de­ ther states that said lines and facilities, substation and a 33 kv transmission line liver natural gas to Natural, pursuant to located on portions of its system operated about 10,500 feet long from the Silvis Colorado’s rate schedule H -l. Author­ for the transportation of natural gas in substation to the Beaver Falls substa­ ization for the required facilities was is­ interstate commerce, are no longer tion; (8) a reconductored Beaver Falls- sued June 13,1966, to Colorado and Nat­ needed or required to transport gas into Ketchikan 34.5 kv transmission line ural by orders issued in Docket Nos. Applicant’s system because the available 11.41 miles long; and (9) appurtenant CP66-316 and CP66-318, respectively. supplies of natural gas have become de­ facilities. The petition to amend states that the pleted to the extent that the continuation Protests or petitions to intervene may delivery of the exchange gas by Natural of service therefrom is unwarranted and be filed with the Federal Power Commis­ to Arkansas, for the account of Colorado uneconomical. sion, Washington, D.C. 20426, in accord­ will continue to be made at the existing Specifically, Applicant seeks permis­ ance with the rules of practice and point of delivery in Qrady County, Okla. sion and approval to abandon the opera­ procedure of the Commission (18 CFR On June 17, 1966, Arkansas filed in tion of the following pipelines and ap­ 1.8 or 1.10). The last day upon which Docket No. CP61-163 (CF61-143), et al.) purtenant facilities: protests or petitions may be filed is a complementary petition to amend (no­ (1) 3,337 feet of 4-inch Line FX-397 September 6,1966. The application is on tice of petition to amend issued by the by removal and salvage; file with the Commission for public in­ Commission on June 27, 1966) request­ (2) 81 feet of 3-inch Line FX-399-T by spection. ing that authorization of its aforemen­ removal and salvage; (3) 1,490 feet of 4-inch Line FX-422-T J oseph H. Gutride, tioned purchase of gas from Colorado be Secretary. extended to 12:01 a.m„ May 1,1967, that by lease to Twin Gas Co. for use as a the daily average deliveries of gas pur­ gathering facility; [F.R. Doc. 66-7783; Filed, July 18, 1966; (4) 343 feet of 4-inch Line FX-431-T 8:45 a.m.] suant to the subject order be increased to 18,000 Mcf, that the daily minimum de­ by removal and salvage; liveries be increased to 10,000 Mcf and (5) 8,842 feet of 6-inch Line GM, 7,400 that the sales price of gas delivered to it feet of which by removal and salvage and [Docket Nos. CP61-143, CP61-149] by Colorado be increased to 18 cents per 1,422 feet of which by lease to Twin Gas Mcf for all gas delivered after May 1, Co. for use as a gathering facility; COLORADO INTERSTATE GAS CO. (6) 6,683 feet of 6-inch Line FX-424-T AND NATURAL GAS PIPELINE COM­ 1966. Colorado states in the instant peti­ tion that its applicable rate schedule has by removal and salvage; PANY OF AMERICA been revised (Revised Rate Schedule X - (7) 319 feet of 3-inch Line FX-483-T by removal and salvage; Notice of Petitions To Amend 12) and filed concurrently herewith, which revised rate schedule calls for a (8) 3,014 feet of 4-inch Line FX-471-T J uly 12,1966. price of 18 cents per Mcf for gas sold by by removal and salvage; Take notice that on June 24, 1966, Colorado to Arkansas. The gas sold by (9) 22 feet of 2-inch Line FX-498-T Colorado Interstate Gas Co. (Colorado), Colorado is delivered to Natural and by removal and salvage; Post Office Box 1087, Colorado Springs, redelivered by Natural to Arkansas pur­ (10) 433 feet of 2-inch Line CT-858-T Colo. 80901, and Natural Gas Pipeline suant to Colorado’s Rate Schedule X-14. by removal and salvage; Company of America (Natural), 122 Colorado states that changes in said rate (11) 7,669 feet of 6-inch Bine TG by South Michigan Avenue, Chicago, HI. schedule have been filed with the Com­ removal and salvage, and 60603, collectively referred to as Peti­ mission. (12) 5,975 feet of 6-inch Line TJ by removal and salvage. tioners, filed in Docket Nos. CP61-143 Protests or petitions to intervene may and CP61-149, respectively (CP61-143, be filed with the Federal Power Commis­ The application states that the pro­ et al.), petitions to amend the order is- sion, Washington, D.C. 20426, in accord­ posed abandonment would not result in suwi in said dockets on January 3, 1963, ance with the rules of practice and pro­ the abandonment or any diminution of natural gas service to any city, town, and amended on December 30,1963, June cedure (18 CFR 1.8 or 1.10) and the reg­ * 64, May 25, 1965, requesting community or customer or lessen the tnat authorization for the exchange of ulations under the Natural Gas Act service presently being rendered by natural gas among Petitioners and § 157.10) on or before August 8,1966. Applicant. rkansas Louisiana Gas Co. (Arkansas) J oseph H. Gutride, Protests or petitions to intervene may ^ te n d e d to May 1,1967, and request- Secretary. be filed with the Federal Power Commis­ S a change in the presently authorized sion, Washington, D.C. 20426, in accord­ Pomt of delivery for the gas received by [F.R. Doc* 66-7784; Filed, July 18, 1966; ance with the rules of practice and pro­ atural from Colorado, all as more fully 8:45 a m .] cedure (18 CFR 1.8 or 1.10) and the regu-

*. FEDERAL REGISTER, VOL. 31, NO. 138— TUESDAY, JULY 19, 1966 No. 138----- 8 9762 NOTICES lations under the Natural Gas Act The Commission orders: and peak day requirements for the New (§ 157.10) on or before August 8, 1966. (A) Natural is substituted in lieu of Market, Va., area for the first 3 years of Take further notice that pursuant to Mississippi as respondent in the proceed­ proposed operations are stated to be: the authority contained in and subject ings pending in Docket Nos. G-17715 to the jurisdiction conferred upon the and G—20239, the proceedings are re­ First year Second Third year Federal Power Commission by sections designated accordingly, and the agree­ year 7 and 15 of the Natural Gas Act and the ments and undertakings submitted by Commission’s rules of practice and pro­ Natural in said proceedings are accepted Annual (Mcf)___ 12,720 is, no 18,290 cedure, a hearing will be held without for filing. Peak day (Mcf).. 138.6 156.3 182.7 further notice before the Commission (B) Natural shall comply with the re­ on this application if no protest or peti­ funding and reporting procedure required Applicant states that it purchases all tion to intervene is filed within the time by the Natural Gas Act and § 154.102 of its natural gas from Seaboard under required herein, if the Commission on its of the Regulations thereunder, and the the latter’s FPC Tariff, Eighth Revised own review of the matter finds that a agreements and undertakings filed by Volume No. 1. Applicant further states grant of the permission and approval for Natural in Docket Nos. G-17715 and that the facilities required for service to the proposed abandonment is required G-20239 shall remain in full force and ef­ New Market included in the instant ap­ by the public convenience and necessity. fect until discharged by the Commission. plication do not involve any sales for If a protest or petition for leave to inter­ By the Commission. resale. vene is timely filed, or if the Commission The total estimated cost of Applicant’s on its own motion believes that a formal [seal] J oseph H. G utride, proposed facilities for which a certificate hearing is required, further notice of Secretary. of public convenience and necessity is such hearing will be duly given. [F.R. Doc. 66-7786; Filed, July 18, 1966; requested is $26,975; the estimated cost Under the procedure herein provided 8:45 ajn.] of the distribution system for serving the for, unless otherwise advised, it will be New Market area is $102,435; and the unnecessary for Applicant to appear or combined cost of the proposed transmis­ be represented at the hearing. [Docket No. CP66-428] sion and distribution facilities is $129,410. Applicant states that the funds required J oseph H. G utride, SHENANDOAH GAS CO. Secretary. for the construction of such proposed Notice of Application facilities will be furnished to Applicant [F.R. Doc. 66-7785; Filed, July 18, 1966; July 12, 1966. by its parent, Washington Gas Light Co., 8:45 a.m.] through open account advances. Take notice that on June 28, 1966, Protests or petitions to intervene may Shenandoah Gas Co. (Applicant), 1100 [Docket Nos. 0-17715, G-20239] be filed with the Federal Power Commis­ H Street NW., Washington, D.C. 20005, sion, Washington, D.C. 20426, in accord­ NATURAL GAS AND OIL CORP. filed in Docket No. CP66-428 an applica­ ance with the rules of practice and pro­ tion pursuant to section 7(c) of the Nat­ cedure (1C CFR 1.8 or 1.10) and the reg­ Order Substituting Respondent, Re­ ural Gas Act for a certificate of public ulations under the Natural Gas Act designating Proceedings, and Ac­ convenience and necessity authorizing (§ 157.10) on or before August 8, 1966. the construction and operation of cer­ Take further notice that, pursuant to cepting Agreements and Under­ tain natural gas facilities to enable Ap­ takings for Filing the authority contained in and subject plicant to transport natural gas to cer­ to the jurisdiction conferred upon the J uly 12, 1966. tain proposed distribution facilities in Federal Power Commission by sections 7 New Market, Va., and for the operation By order issued June 27,1966, in Docket and 15 of the Natural Gas Act and the of certain natural gas facilities, all as Commission’s rules of practice and pro­ No. CI60-142, et al., the Commission more fully set forth in the application issued certificates of public convenience cedure, a hearing will be held without which is on file with the Commission and further notice before the Commission on and necessity to Natural Gas & Oil Corp. open to public inspection. (Natural) in Docket Nos. CI66-1057, this application if no protest or petition Applicant states that it has been re­ to intervene is filed within the time re­ CI66-1058, and CI66-1060 authorizing quested to render natural gas service at Natural to continue the sales and deliv­ quired herein, if the Commission on its retail to ultimate consumers in the town own review of the matter finds that a eries of natural gas in interstate com­ of New Market, Va. New Market is lo­ merce theretofore made by Mississippi grant of the certificate is required by the River Corp. (Mississippi) pursuant to cated within Applicant’s existing fran­ public convenience and necessity. If & chise area in Shenandoah County at the protest or petition for leave to intervene Mississippi’s FPC Gas Rate Schedule intersection of U.S. Route No. 11 and Vir­ Nos. 8,9, and 11, respectively, which have is timely filed, or if the Commission on been redesignated as Natural’s FPC Gas ginia Route No. 260. its own motion believes that a formal Rate Schedule Nos. 2, 3, and 5, respec­ Applicant proposes to transport nat­ hearing is required, further notice of tively. The presently effective .rates un­ ural gas to the New Market area by such hearing will be duly given. der Natural’s FPC Gas Rate Schedule means of a lateral pipeline connecting Under the procedure herein provided Nos. 2 and 3 are in effect subject to re­ directly with the 24-inch pipeline of its for, unless otherwise advised, it will be fund in Docket No. G-20239 and the supplier, Atlantic Seaboard Corp. (Sea­ unnecessary for Applicant to appear or presently effective rate under Natural’s board) . be represented at the hearing. FPC Gas Rate Schedule No. 5 is in effect Applicant requests authorization for the construction and operation of ap­ J oseph H. Gutride, subject to refund in Docket No. G-17715. Secretary. Natural has submitted agreements and proximately 7,250 feet of 2.375-inch O.D. undertakings in Docket Nos. G-17715 and steel pipeline extending along Virginia [F.R. Doc. 66-7787; Filed, July 18, 1966; G-20239 to assure the refund of any Route 260 between Seaboard’s 24-inch 8:45 a.m.[ amounts collected in excess of the pipeline to a distribution regulator to amounts determined to be just and rea­ be located within the town of New Mar­ [Docket No. CP66-429] sonable in said proceedings. ket, together with certain metering and The Commission finds: It is necessary odorizing facilities. Applicant also pro­ ST. JOSEPH LIGHT & POWER CO. and appropriate in carrying out the pro­ poses to construct a distribution system AND MICHIGAN WISCONSIN PIPE visions of the Natural Gas Act that consisting of a regulator station, distri­ Natural should be substituted in lieu of LINE CO. bution mains, customers’ service pipes, Mississippi as respondent in the proceed­ Notice of Application ings pending in Docket Nos. G-17715 and meters, and regulators to render natural G-20239, that the proceedings should be gas service at retail in New Market and J uly 12, 1966. redesignated accordingly, and that the its environs. Take notice that on June 30,1966, St agreements and undertakings submitted The total estimated volumes of natural Joseph Light & Power Co, (Applicant^, by Natural should be accepted for filing. gas involved to meet Applicant’s annual 520 Francis Street, St. Joseph, Mo. 64&iw,

FEDERAL REGISTER, VOL. 31, NO. 138— TUESDAY, JULY 19, 1966 NOTICES 9763 filed in Docket No. CP66-429 an applica­ a bank holding company located in Ap­ tion whose effect in any section of the tion pursuant to section 7(a) of the Nat­ pleton, Wis., for the prior approval of the country may be substantially to lessen ural Gas Act for an order of the Com­ Board of the acquisition by Applicant of competition, or to tend to create a mo­ mission directing Michigan Wisconsin 14,500 of the 15,000 voting shares of nopoly, or which in any other manner Pipe Line Co. (Respondent) to establish First National Bank West, Grand Chute, would be in restraint of trade, unless it physical connection of its transportation Wis., a proposed new bank. finds that the anticompetitive effects of facilities with the facilities proposed to Section 3(c) of the Act, as amended, the proposed transaction are clearly out­ be constructed by Applicant and to sell provides that: weighed in the public interest by the and deliver to Applicant volumes of nat­ The Board shall not approve— probable effect of the transaction in ural gas for resale and distribution in (1) Any acquisition or merger or con­ meeting the convenience and needs of the Village of Bigelow, Holt County, Mo., solidation under this section which would the community to be served. all as more fully set forth in the appli­ result in a monopoly, or which would Not later than thirty (30) days after cation which is on file with the Commis­ be in furtherance of any combination or the publication of this notice in the F ed­ sion and open to public inspection. conspiracy to monopolize or to attempt eral R egister, comments and views re­ The Village of Bigelow, Mo., is located to monopolize the business of banking in garding the proposed acquisition may be approximately 3 miles from Mound City, any part of the United States, or filed with the Board. Communications Mo., and has a population of approxi­ (2) Any other proposed acquisition or should be addressed to the Secretary, mately 100. Applicant states that there merger or consolidation under this sec­ Board of Governors of the Federal Re­ are 35 residences and 7 commercial es­ tion whose effect in any section of the serve System, Washington, p.C. 20551. tablishments now located in Bigelow. country may be substantially to lessen Dated at Washington, D.C., this 12th The application states that Respond­ competition, or to tend to create a mo­ day of July 1966. ent’s lateral pipeline for service to For­ nopoly, or which in any other manner est City and Oregon, Mo., will come would be in restraint of trade, unless it By order of the Board of Governors. within 1,000 feet of the corporate limits finds that the anticompetitive effects of [seal] Merritt S herman, of Bigelow. The application further the proposed transaction are clearly Secretary. outweighed in the public interest by the states that no additional lateral or me­ [F.R. Doc. 66-7790; Filed, July 18, 1966; tering equipment will be required of probable effect of the transaction in 8:45 a.m.] Respondent. meeting the convenience and needs of Applicant proposes to construct a the community to be served. welded steel, coated and wrapped distri­ Not later than thirty (30) days after bution system to provide natural gas the publication of this notice in the OFFICE OF EMERGENCY service to the residences and commercial F ederal R egister, comments and views establishments of Bigelow for cooking, regarding the proposed acquisition may PLANNING water heating, clothes drying, space be filed with the Board. Communica­ heating, and other associated uses. tions should be addressed to the Secre­ NORTH DAKOTA tary, Board of Governors of the Federal The total estimated volumes of natural Notice of Major Disaster gas necessary to meet Applicant’s annual Reserve System, Washington, D.C. and peak day requirements for the initial 20551. Pursuant to the authority vested in me 3-year period of proposed operations are Dated at Washington, D.C., this 13th by the President under Executive Order stated to be: 10427 of January 16, 1953, Executive day of July 1966. Order 10737 of October 29, 1957, and By order of the Board of Governors. Executive Order 11051 of September 27, First year Second Third year 1962 (18 F.R. 407, 22 F.R. 8799, 27 F.R. year [seal] M erritt S herman, Secretary. 9683); Reorganization Plan No. 1 of 1958, Annual (Mcf)___ 3,800 4,500 5,100 Public Law 85-763, and Public Law 87- Peak day (M’ci).. 38 46 51 [F.R. Doc. 66-7789; Filed, July 18, 1966; 296; by virtue of the Act of September 8:45 a.m.] 30, 1950, entitled “An Act to authorize The total estimated cost of Applicant’s Federal assistance to States and local proposed facilities is stated to be $16,850, governments in major disasters, and for which cost wil be financed by internally FIRST VIRGINIA CORP. other purposes” (42 U.S.C. 1855-1855g), generated funds. as amended; notice is hereby given of a Protests or petitions to intervene may Notice of Application for Approval of declaration of “major disaster” by the be filed with the Federal Power Commis­ Acquisition of Shares of Bank President in his letter dated July 9, 1966, reading in part as follows: sion, Washington, D.C. 20426, in accord­ Notice is hereby given that application ance with the rules of practice and pro­ has been made to the Board of Governors I have determined that the damage in cedure (18 CFR 1.8 or 1.10) on or before various areas of the State of North Dakota August 8, 1966. of the Federal Reserve System pursuant adversely affected by severe storms and to section 3(a)(2) of the Bank Holding flooding on or about June 24, 1966, is of J oseph H. Gutride, Company Act of 1956 (sec. 3(a) (3) of the sufficient severity and magnitude to warrant Secretary. Act, as amended by Public Law 89-485, assistance by the Federal Government to supplement State and local efforts. [F.R. Doc. 66-7788; Filed, July 18, 1966; which became effective July 1, 1966), by 8:45 a.m.] the first Virginia Corp., which is a bank I do hereby determine the following holding company located in Arlington, areas in the State of North Dakota to Va., for the prior approval of the Board have been adversely affected by the of the acquisition by Applicant of 80 per­ catastrophe declared a major disaster FEDERAL RESERVE SYSTEM cent or more of the voting shares of the by the President in his declaration of Staunton Industrial Bank, Staunton, Va. July 9, 1966: FIRST NATIONAL CORP. Section 3(c) of the Act, as amended, provides that: The counties of: Notice of Application for Approval of Grant. Mercer. Acquisition of Shares of Bank The Board shall not approve— Hettinger. Morton. (1) Any acquisition or merger or con­ McHenry. Oliver. .Notice is hereby given that application solidation under this section which would McLean. Stark. nf tv?een ma<*e t° the Board of Governors result in a monopoly, or which would be ,* the Federal Reserve System pursuant in furtherance of any combination or Dated: July 12, 1966. section 3(a)(2) of the Bank Holding conspiracy to monopolize or to attempt F arris B ryant, nf «?any Act of 1956

FEDERAL REGISTER, VOL. 31, NO. 138— TUESDAY, JULY 19, 1966 9764 NOTICES 1 Constitution Plaza, Hartford, Conn. mail (airmail if the person being served SECURITIES AND EXCHANGE 06103; File No. 70-4398. is located more than 500 miles from the Notice is hereby given that the Con­ point of mailing) upon the applicants at COMMISSION necticut Light & Power Co. (“CL&P”), the above-stated address, and proof of [Pile No. 7-2576, etc.] the Hartford Electric Light Co. (“Hart­ service (by affidavit or, in case of an at­ ford”) and Western Massachusetts Elec­ torney at law, by certificate) should be ADMIRAL CORP. ET AL. tric Co. (“WMECO”), all public-utility filed contemporaneously with the re­ subsidiary companies of Northeast Utili­ quest. At any time after said date, the Notice of Applications for Unlisted ties (formerly named Western Massa­ said joint application, may be granted in Trading Privileges and of Oppor­ chusetts Cos.), a registered holding com­ the manner provided by Rule 23 of the tunity for Hearing pany, have filed a joint application pur­ general rules and regulations promul­ gated under the Act, or the Commission J uly 13, 1966. suant to the Public Utility Holding Com­ pany Act of 1935 (“Act”) with respect may grant exemption from such rules as In the matter of applications of the to the acquisition of shares of common provided in Rules 20(a) and 100 thereof, Cincinnati Stock Exchange, for unlisted stock of Connecticut Yankee Atomic or take such other action as it may deem trading privileges in certain securities. Power Co. (“Connecticut Yankee”) , appropriate. The above-named national securities and have designated sections 9(a) exchange has filed applications with the For the Commission (pursuant to dele­ and 10 of the Act as applicable to the gated authority). Securities and Exchange Commission proposed transactions. All interested pursuant to section 12(f) (1) (B) of the persons are referred to the said joint [seal] Orval L. D uBois, Securities Exchange Act of 1934 and Rule application, which is summarized below, Secretary. 12f-l thereunder, for unlisted trading for a complete statement of the proposed [F.R. Doc. 66-7813; Piled, July 18, 1966; privileges in the common stocks of the transactions. 8:47 tun.] following companies, which securities are Connecticut Yankee is a electric utility listed and registered on one or more company and an indirect subsidiary com­ other national securities exchanges: pany of Northeast Utilities and New Eng­ [Pile No. 7-2581] Admiral Carp______Pile 7—2576 land Electric System, also a registered Fairchild Camera & Instrument holding company. Connecticut Yankee INTERNATIONAL HARVESTER CO. Corp______Pile 7-2577 is presently constructing a single-unit Notice of Application for Unlisted The Wurlitzer Co______— Pile 7-2578 nuclear powered electric generating plant International Harvester Co_____ Pile 7-2579 Trading Privileges and of Oppor­ Olin Mathieson Chemical Corp__ Pile 7-2580 at Haddam, Conn., to supply electric energy to eleven public-utility com­ tunity for Hearing Upon receipt of a request, on or be­ panies which sponsored its organization July 13, 1966. fore July 29, 1966, from any interested and own all of its common stock. In the matter of application of person, the Commission will determine CL&P, Hartford, and WMECO own, the Philadelphia-Baltimore-Washington whether the application with respect to respectively, 25 percent, 9.5 percent, and any of the companies named shall be set Stock Exchange, for unlisted trading 9.5 percent of the outstanding 230,000 privileges in a certain security. down for hearing. Any such request shares of common stock, par value $100 should state briefly the title of the'se­ The above named national securities per share, of Connecticut Yankee, and exchange has filed an application with curity in which he is interested, the na­ each proposes to acquire, at the par value, ture of the interest of the person making the Securities and Exchange Commission the same percentage of an additional pursuant to section 12(f)(1)(B) of the the request, and the position he proposes 120.000 shares out of a maximum of to take at the hearing, if ordered. In Securities Exchange Act of 1934 and Rule 200.000 shares which Connecticut Yankee 12f—1 thereunder, for unlisted trading addition, any interested person may sub­ was authorized to issue by order of the mit his views or any additional facts privileges in the common stock of the Commission dated January 6, 1965 following company, which security is bearing on any of the said applications (Holding Company Act Release No. by means of a letter addressed to the listed and registered on one or more 15172). The other sponsoring com­ other national securities exchanges: Secretary, Securities and Exchange Com­ panies will also acquire additional stock mission, Washington 25, D.C., not later so that the same relative percentage International Harvester Co., Pile 7-2581. than the date specified. If no one re­ ownership by all the sponsors will con­ Upon receipt of a request, on or be­ quests a hearing with respect to any tinue. particular application, such application fore July 29, 1966, from any interested will be determined by order of the Com­ It is stated that the Massachusetts De­ person, the Commission will determine mission on the basis of the facts stated partment of Public Utilities has jurisdic­ whether the application shall be set down therein and other information contained tion over the acquisition of the common for hearing. Any such request should in the official files of the Commission per­ stock of Connecticut Yankee by WMECO state briefly the nature of the interest taining thereto. and that its approval of such acquisition of the person making the request and tne has "been granted. It is further stated position he proposes to take at the hear­ For the Commission (pursuant to dele­ that no other State commission, and no ing, if ordered. In addition, any inter­ gated authority). Federal commission, other than this ested person may submit his views or [seal] Orvil L. DuB ois, Commission, has jurisdiction over the any additional facts bearing on the saia Secretary. proposed transactions. Expenses in con­ application by means of a letter ad­ nection with the stock acquisitions are dressed to the Secretary, Securities an [P.R. Doc. 66-7812; Piled, July 18, 1966; estimated at $2,000 and consist entirely 8:47 a.m.] Exchange Commission, Washington of legal fees. D.C., not later than the date specified. Notice is further given that any inter­ If no one requests a hearing, this appli­ [File No. 70-4398] ested person may, not later than July cation will be determined by order of tne 29, 1966, request in writing that a hear­ Commission on the basis of the lad» CONNECTICUT LIGHT & POWER CO. ing be held on such matter, stating the stated therein and other information ET AL. nature of his interest, the reasons for contained in thé official files of the Com­ Notice of Proposed Acquisition of such request, and the issues of fact of law mission pertaining thereto. Stock of Public-Utility Company by raised by the filing which he desires to For the Commission (pursuant to dele­ Subsidiary Companies of a Regis­ controvert; or he may request that he be gated authority). tered Holding Company notified if the Commission should order a hearing thereon. Any such request [seal] Orval L. DuBo^ - J uly 13, 1966. should be addressed: Secretary, Securi­ Secretary. In the matter of the Connecticut Light ties and Exchange Commission, Wash­ & Power Co., the Hartford Electric Light ington, D.C. 20549. A copy of such re­ [F.R. Doc. 66-7814; FUed, July 18. Co., Western Massachusetts Electric Co., quest should be served personally or by 8:48 a.m.]

FEDERAL REGISTER, VOL. 31, NO. 138— TUESDAY, JULY 19, 1966 NOTICES 9765 [Pile No. 7-2582] International Harvester Co., n ie 7-2583. INTERNATIONAL HARVESTER CO. Upon receipt of a request, on or before INTERSTATE COMMERCE July 29, 1966, from any interested per­ Notice of Application for Unlisted son, the Commission will determine COMMISSION whether the application shall be set Trading Privileges and of Oppor­ FOURTH SECTION APPLICATIONS tunity for Hearing down for hearing. Any such request should state briefly the nature of the FOR RELIEF J u l y 1 3 ,1 9 6 6 . interest of the person making the re­ July 14,1966. In the matter of application of the quest and the position he proposes to Protests to the granting of an applica­ Boston Stock Exchange, for unlisted take at the hearing if ordered. In addi­ tion must be prepared in accordance trading privileges in a certain security . tion, any interested person may submit with Rule 1.40 of the general rules of The above-named national securities his views or any additional facts bear­ practice (49 CFR 1.40) and filed within exchange has filed an application with ing on the said application by means of a letter addressed to the Secretary, Se­ 15 days from the date of publication of the Securities and Exchange Commission this notice in the F ederal R egister. pursuant to section 12(f)(1)(B) of the curities and Exchange Comm ission, Securities Exchange Act of 1934 and Rule Washington 25, D.C., not later than the Long-and-S hort H aul 12f—1 thereunder, for unlisted trading date specified. If no one requests a hear­ FSA No. 40612—Chlorine to Houston, privileges in the common stock of the ing, this application will be determined Tex. Filed by Southwestern Freight following company, which security is by order of the Commission on the basis Bureau, agent (No. B-8873), for inter­ listed and registered on one or more of the facts stated therein and other in­ ested rail carriers. Rates on chlorine, other national securities exchanges: formation contained in the official files in tank carloads, from Evans City, Ala., of the Commission pertaining thereto. International Harvester Co.', Pile 7-2582. to Houston, Tex. For the Commission (pursuant to dele­ Grounds for relief—Market competi­ Upon receipt of a request, on or before gated authority). tion. July 29,1966, from any interested person, Tariff—^Supplement 83 to Southwest­ the Commission will determine whether [ seal] Orval L. D uB ois, ern Freight Bureau, agent, tariff ICC the application shall be set down for Secretary. 4610. hearing. Any such request should state [PJl. Doc. 66-7816; Piled, July 18, 1966; FSA No. 40613—Bituminous coal to briefly the nature of the interest of the 8:48 a.m.] points in New Jersey. Filed by Traffic person making the request and the posi­ Executive Association-Eastern Railroads, tion he proposes to take at the hearing, agent (E.R. No. 2853), for interested if ordered. In addition, any interested rail carriers. Rates on bituminous or person may submit his views or any addi­ SMALL BUSINESS cannel coal, as described in the ap­ tional facts bearing on the said applica­ plication, in carloads, from mine origins tion by means of a letter addressed to the ADMINISTRATION in Pennsylvania, to points on the Secretary, Securities and Exchange NEW ORLEANS DISASTER OFFICE, NYS&W in New Jersey. Commission, Washington 25, D.C., not NEW ORLEANS, LA. Grounds for relief—Rate relationship later than the date specified. If no one and carrier competition. requests a hearing, this application will Designation of Manager Tariff—Supplement to Baltimore & be determined by order of the Commis­ Pursuant to the authority delegated to Ohio Railroad Co., tariff ICC 3322. sion on the basis of the facts stated the Assistant Regional Director, New FSA No. 40614—Anthracite coal to therein and other information contained Orleans Disaster Office, by Delegation of points in Pennsylvania. Filed by Traffic in the official files of the Commission Executive Association-EastemRailroads, Pertaining thereto. Authority No. 30-6 (Revision 1) South­ west Area, Dallas, Tex., Disaster No. 7, the agent (E.R. No. 2854), for interested rail carriers. Rates on anthracite coal and For the Commission (pursuant to dele­ following SBA employee is designated gated authority). to serve as Manager, New Orleans anthracite briquettes, in carloads, from Disaster Office: Paul F. Kurucar. mine origins in Pennsylvania, on the [seal] Orval L. D uB ois, This designation will remain in effect LV Railroad, to points in Pennsylvania, Secretary. until revoked in writing. on the PRR. Grounds for relief—Abandonment of [PR. Doc. 66-7815; Piled, July 18, 1966; Effective beginning of business July 5. a portion of Lehigh Valley Railroad Co. 8:48 a.m.] 41966. authorized by Finance Docket No. 23698. J. B. Alexander, Tariff—Supplement 3 to Lehigh Val­ Assistant Regional Director. ley Railroad Co. tariff ICC D-2506. [Pile No. 7-2583] [F.R. Doc. 66-7807; Piled, July 18, 1966; By the Commission. 8:47 a.m.] INTERNATIONAL HARVESTER CO. [SEAL] H. NfclL GARSON, Notice of Application for Unlisted Secretary. Trading Privileges and of Oppor­ NEW ORLEANS DISASTER OFFICE, [P.R. Doc. 66-7833; Piled, July 18, 1966; tunity for Hearing NEW ORLEANS, LA. 8:49 a.m.] J uly 13,1966. Designation of Manager matter of application of the [Notice 214] Coast Stock Exchange, for un- Subject Designation, dated beginning MOTOR CARRIER TEMPORARY curity a<*mg PrWQeges in a certain se- of business June 17,1966, naming Harvey W. Decker, as Manager, New Orleans AUTHORITY APPLICATIONS Disaster Office, New Orleans, La., in con­ J u l y 1 4 ,1 9 6 6 . 5^°,ve named national securities nection with Hurricane Betsy Disaster the af£eJi1.as filed an application with The following are notices of filing of Activities, is hereby canceled in its applications for temporary authority sion ^ curities and Exchange Commis- entirety. the c S rsJfant section 12(f) (1) (B) of under section 210a(a) of the Interstate Rule vS1 Exchange Act of 1934 and Effective beginning of business July 5. Commerce Act provided for under the ine nn™« “tereunder, for unlisted trad- 1966. new rules in Ex Parte No. MC 67 (49 the fniil^ges 111 the common stock of J. B. Alexander, CFR Part 240), published in the Fed­ listed comPany, which security is Assistant Regional Director. eral R egister, issue of April 27, 1965, effective July 1, 1965. These rules pro­ other aild re&tstered on one or more [F.R. Doc. 66-7808; Piled, July 18, 1966; national securities exchanges : vide that protests to the granting of an 8:47 a.m.] application must be filed with the field

FEDERAL REGISTER, VOL. 31, NO. 138— TUESDAY, JULY 19, 1966 9766 NOTICES official named in the F ederal R egister Lancaster Avenue, Downingtown, Pa. tainers by refrigerated trailer, for Ab- publication, within 15 calendar days 19335. Applicant’s representative: Ed­ botts Dairies Division, Fairmont Foods after the date notice of the filing of the win H. van Deusen (address same as Co., from Belleville, Pa., to Wildwood, application is published in the F ederal above). Authority sought to operate as N.J., and empty containers used in the R egister. One copy of such protest a common carrier, by motor vehicle, over transportation of said commodities, from must be served on the applicant, or its irregular routes, transporting: Plastic Wildwood, N.J., to Belleville, Pa., for 189 authorized representative, if any, and the materials, in bulk, in tank vehicles, from days. Supporting shipper: Abbotts protest must certify that such service Kenton, Ohio, to points in Georgia, Dairies Division, Fairmont Foods Co., has been made. The protest must be Illinois, Indiana, Michigan, North Caro­ Belleville, Pa. Send protests to: Robert specific as to the service which such lina, Tennessee, Virginia, and Wisconsin, W. Ritenour, District Supervisor, Bu­ protestant can and will offer, and must for 150 days. Supporting shipper: reau of Operations and Compliance, consist of a signed original and six copies. Hooker Chemical Corp., Durez Plastics Interstate Commerce Commission, 218 A copy of the application is on file, Division, North Tonawanda, N.Y.' Send Central Industrial Building, 100 North and can be examined, at the Office of the protests to: Peter R. Guman, District Cameron Street, Harrisburg, Pa. 17101. Secretary, Interstate Commerce Com­ Supervisor, 900 U.S. Customhouse, Sec­ No. MC 118336 (Sub-No. 1 TA), filed mission, Washington, D.C., and also in ond and Chestnut Streets, Philadelphia, July 11,1966. Applicant: W. B. GIBSON, the field office to which protests are to Pa. 19106. Grantsville, W. Va. Applicant’s repre­ be transmitted. No. MC 112617 (Sub-No. 237 TA), filed sentative: John Friedman, Charleston No. MC 29886 (Sub-No. 228 TA), filed July 11, 1966. Applicant: LIQUID Traffic Service, Hurricane, W. Va. Au­ July 11, 1966. Applicant: DALLAS & TRANSPORTERS, INC., Post Office Box thority sought to operate as a common MAVIS FORWARDING CO., INC., 400 5135, Cherokee Station, Louisville, Ky. carrier, by motor vehicle, over irregular West Sample Street, South Bend, Ind. 40205. Applicant’s representative: K. G. routes, transporting: Pneumatic mat­ Applicant’s representative: Charles Pie- Helfrich (same address as above). Au­ tresses, life preservers, liferafts and roni (same address as above). Authority thority sought to operate as a common equipment, from the plantsite of Rubber sought to operate as a common carrier, carrier, by motor vehicle, over irregular Fabricators, Inc., Grantsville, .W. Va., to by motor vehicle, over irregular routes, routes, transporting: Chemicals, in bulk, points in Georgia, Massachusetts, New transporting: Show vehicles, from War­ in tank vehicles, from the plantsite of York, Pennsylvania, Rhode Island, Ten­ ren, Mich., to points in the United States, Pennsalt Chemicals Corp., near Calvert nessee, and Virginia; coated cloth, ce­ except Alaska and Hawaii, for 50 days. City, Ky., to points in California, for 180 ments, cardboard and wooden cartons, Supporting shipper: Chrysler Corp., Post days. Supporting shipper: J. G. Robison, rubber, and various types of hardware, Office Box 1976, Detroit, Mich. 48231. manager, transportation and distribu­ from points in Connecticut, Massachu­ Send protests to: District Supervisor tion, Pennsalt Chemicals Corp., 3 Penn setts, New Jersey, New York, Pennsyl­ Heber Dixon, Bureau of Operations and Center, Philadelphia; Pa. 19102. Send vania, and Virginia, to the plantsite of Compliance, Interstate Commerce Com­ protests to: Wayne L. Merilatt, District Rubber Fabricators, Inc., Grantsville, mission, 308 Federal Building, Fort Supervisor, Bureau of Operations and W. Va., for 180 days. Supporting ship­ Wayne, Ind. 46802. Compliance, Interstate Commerce Com­ per: Rubber Fabricators, Inc., Grants­ No. MC 103654 (Sub-No. 115 TA), filed mission, 426 Post Office Building, Louis­ ville, W. Va. Send protests to: H. R. July 11, 1966. Applicant: SCHIRMER ville, Ky. 40202. White, District Supervisor, Bureau of TRANSPORTATION COMPANY, IN­ No. MC 114364 (Sub-No. 123 TA), filed Operations and Compliance, Interstate CORPORATED, 1145 Homer Street, St. July 11, 1966. Applicant: WRIGHT Commerce Commission, 3202 Federal Of­ Paul, Minn. 55116. Applicant’s repre­ MOTOR LINES, INC., Post Office Box fice Building, Charleston, W. Va. 25301. sentative: Val M. Higgins, 1000 First Na­ 1191, Cushing, Okla. Applicant’s repre­ No. MC 119777 (Sub-No. 65 TA), filed tional Bank Building, Minneapolis, Minn. sentative: Frank Jobe (same address as July 11, 1966. Applicant: LIGON 55402. Authority sought to operate as above). Authority sought to operate as SPECIALIZED HAULER, INC., Post Of­ a common carrier, by motor vehicle, over a common carrier, by motor vehicle, over fice Drawer 31, U.S. Highway 41 South, irregular routes, transporting: Wax siz­ irregular routes, transporting: Meats, Madisonville,Ky. 42431. Applicant’s rep­ ing emulsion, in bulk, in tank vehicles, meat products, meat "byproducts, and ar­ resentative: Fred F. Bradley, Suite 202- from Cloquet, Minn., to port of entry on ticles distributed by meat packinghouses, 204, Court Square Office Building, 213 St. the international boundary line between as described in sections A and C of ap­ Clair Street, Frankfort, Ky. 40601. Au­ the United States and Canada at or near pendix I to the report in Descriptions in thority sought to operate as a common Pigeon River, Minn., for 180 days. Sup­ Motor Carrier Certificates, 61 M.C.C. 209 carrier, by motor vehicle, over irregular porting shipper: Wood Conversion Co., and 766, from the plant and warehouse routes, transporting: Iron and steel ana Cloquet, Minn. 55720. Send protests to: sites of Fort Morgan Dressed Beef, Inc., iron and steel articles, from Kokomo, A. E. Rathert, District Supervisor, In­ Fort Morgan, Colo., and Sterling Colo­ Ind., to points in Tennessee and points in terstate Commerce Commission, Bureau rado Beef Packers at Sterling, Colo., re­ Kentucky, on and west of U.S. Highway of Operations and Compliance, 448 Fed­ stricted to traffic originating at such 3 IE, except those in the commercial zone eral Building and U.S. Courthouse, 110 sites, to points in Arizona, Kansas, New of Louisville, Ky., including Louisville, for South Fourth Street, Minneapolis, Minn. Mexico, Oklahoma, and Texas, for. 180 180 days. Supporting shipper: Robert 55401. days. Supporting shippers: Colorado M. Hamilton, director of transportation. No. MC 109689 (Sub-No. 177 TA), Beef Packers, Sterling, Colo. (Garland Continental Steel Corp., 1109 South Mam filed July 11, 1966. Applicant: W. S. Wilson n i ) ; Fort Morgan Dressed Beef Street, Kokomo, Ind. Send protests to. HATCH CO., 643 South 800 West Street, Inc., Fort Morgan, Colo. (Fred B. Hart­ Wayne L. Merilatt, District Supervisor, Woods Cross, Utah 84087, Mail: Post man). Send protests to: C. L. Phillips, Bureau of Operations and Compliant: , Office Box 1825, Salt Lake City, Utah. District Supervisor, Interstate Commerce Interstate Commerce Commission, 4Z Authority sought to operate as a common Commission, Bureau of Operations and Post Office Building, Louisville, K-y- carrier, by motor vehicle, over irregular Compliance, Room 350, American Gen­ 40202. , routes, transporting: Phosphorite con­ eral Building, 210 Northwest Sixth, Okla­ No. MC 120562 (Sub-No. 2 TA), filed centrates, in bulk, from Phoston (pear homa City, Okla. 73102. July 11,1966. Applicant: O. K. TRANS­ Keetley), Utah, to Leefe (near Sage), No. MC 115814 (Sub-No. 4 TA), filed FER AND STORAGE COMPANY or Wyo., for 180 days. Supporting shipper: July 11, 1966. Applicant: ROBERT M. LAWTON, 202 East D Avenue, Lawton, San Francisco Chemical Co., Montpelier, YODER AND MARK J. SMOKER, a Okla. Applicant’s representative: Aiai Idaho 83254. Send protests to: John T. partnership, doing business as YODER & F. Wohlstetter, 1 Farragut Square South, Vaughan, District Supervisor, Bureau of SMOKER, Trella Street, Belleville, Pa. Washington, D.C. 20006. Au^ ° “ y Operations and Compliance, Interstate Applicant’s representative: Albert Houck, sought to operate as a common car > Commerce Commission, 2224 Federal 5 West Market Street, Lewistown, Pa. by motor vehicle, over irregular roU ’ Building, Salt Lake City, Utah 84111. 17044. Authority sought to operate as transporting: Household goods, as No. MC 110525 (Sub-No. 794 TA), filed a contract carrier, by motor vehicle, over fined by the Commission, between P°m July 11, 1966. Applicant: CHEMICAL irregular routes, transporting: Ice cream LEAMAN TANK LINES, INC., 520 East mix, condensed milk and cream in con­ in Oklahoma, restricted to shipmen

FEDERAL REGISTER, VOL. 31, NO. 138— TUESDAY, JULY 19, 1966 NOTICES 9767 having a prior or subsequent movement No. MC 124605 (Sub-No. 2 TA), filed ity sought to operate as a contract car­ beyond said points in containers, and July 11, 1966. Applicant: HOWELL rier, by motor vehicle, over irregular further restricted to pickup and delivery TRANSPORTATION, INC., 201 Platt routes, transporting: Finished and unfin­ service incidental to and in connection Street, West Lafayette, Ohio. Appli­ ished oak flooring, from Birch Tree, Mo., with packing, crating, and containeriza­ cant’s representative: Richard H. Bran­ to points in Illinois, Indiana, Iowa, Kan­ tion, or unpacking, uncrating, and de­ don, 810 Hartman Building, Columbus, sas, Michigan, Minnesota, Ohio, Wiscon­ containerization of such shipments, for Ohio 43215. Authority sought to oper­ sin, and Arkansas, for 180 days. Sup­ 180 days. Supporting shippers: Willism ate as a contract carrier, by motor vehi­ porting shipper: Missouri Hardwood Sahlstrand, executive director, North­ cle, over irregular routes, transporting: Flooring Co., Edward F. Kercher, Jr., west Consolidators, 1110 North 175th, Scrap paper, from Dunkirk, Ind., to president, 8866 Ladue Road, St. Louis, Post Office Box 3583, Terminal Annex, Coshocton, Ohio, under contract with Mo. 63124. Send protests to: J. P. Seattle, Wash. ,98124; R. P. Erickson, St. Regis Paper Co., for 180 days. Sup­ Werthmann, District Supervisor, Bu­ executive vice president, Door to Door porting shipper: Hunt-Crawford Divi­ reau of Operations and Compliance, In­ International, Inc., International For­ sion, St. Regis Paper Co., Coshocton, terstate Commerce Commission, Room warders, 308 Northeast 72d Street, Ohio 43812. Send proteste to: A. J. 3248-B, 1520 Market Street, St. Louis, Seattle, Wash. 98115; Jim Yarbrough, Stevens, District Supervisor, Bureau of Mo. 63103. executive vice president, Jet Forwarding, Operations and Compliance, Interstate No. MO 128385 TA, filed July 11, 1966. Inc., 1415 West Torrance Boulevard, Commerce Commission, 236 New Post Applicant: LEO HULSHOF, Route No. Torrance, Calif.; Bonnie Lee Shepard, Office Building, Columbus, Ohio 43215. 5, Lewisburg, Term. 37091. Applicant’s agency relations manager, Convan Corp., No. MC 126563 (Sub-No. 4 TA), filed representative: William N. Lloyd, Post 24 Stone Street, New York, N.Y. 10004; July 11, 1966. Applicant: S. B. PLATT Office Box 209, Lewisburg, Tenn. 37091. B. A. McOsker, president, Trans Ocean IH, Highway 45 North, Columbus, Miss. Authority sought to operate as a contract Van Service, Post Office Box 7331, Long Applicant’s representative: Rubel Phil­ carrier, by motor vehicle, over irregular Beach, Calif. 90807; Douglas Burrell, lips, First National Bank Building, Jack- routes, transporting: Rough lumber, vice president, operations, Home-Pack son, Miss. Authority sought to operate from Lewisburg, Tenn., to Atlanta, Ga., Transport, Inc., 57-48 49th Street, Mas- as a common carrier, by motor vehicle, and a 50-mile radius of High Point, N.C., peth, N.Y. 11378; Harry Freud, treas­ over irregular routes transporting: Wood and return, for 180 days. Supporting urer, Express Forwarding & Storage Co., chips, in bulk, from Laurel, Miss., to shipper: Dalton & Smith, Route No. Inc., 17 Battery Place, New York, N.Y. Jackson, Ala., for 180 days. Supporting 5, Lewisburg, Tenn. 37091. Send protests 10004; Davidson Forwarding Co., 3180 shippers: Allied Paper Corp., Jackson, to: J. S. Gamble, District Supervisor, V Street NE., Washington, D.C. 20018. Ala.; Andrew Gatlin Timber Co., Inc., Bureau of Operations and Compliance, Send protests to: Ralph Benzer, District Post Office Box 2703, Laurel, Miss. Send Interstate Commerce Commission, 706 Supervisor, Bureau of Operations and protests to: Floyd A. Johnson, District U.S. Courthouse, Nashville, Tenn. 37203. Compliance, Interstate Commerce Com­ Supervisor, Interstate Commerce Com­ No. MC 128386 TA, filed July 11, 1966. mission, 816 T. & P. Building, Fort Worth, mission, Bureau of Operations and Com­ Applicant: VITO MENGA, doing busi­ Tex. 76102. pliance, 320 U.S. Post Office Building, ness as VITO MENGA TRUCKING, 18 No. MC 124032 (Sub-No. 4 TA), Jackson, Miss. 39201. Granniss Road, Orange, Conn. Appli­ filed July 11, 1966. Applicant: REED’S No. MC 128351 (Sub-No. 1 TA), filed cant’s representative: Joseloff, Murrett fuel COMPANY, 138 Fifth Street, July 11, 1966. Applicant: WILT JAM & Knierim, 410 Asylum Street, Hartford, Springfield, Oreg. Applicant’s repre­ MOSS, 25 West Jefferson, Winchester, Conn. Authority sought to operate as a sentative: Henry J. Camarot, Taylor HI. 62694.^ Applicant’s representative: common carrier, by motor vehicle, over Building, Springfield, Oreg. Authority Robert T. Lawley, 306-308 Reisch Build­ irregular routes, transporting: Pumice sought to operate as a common carrier, ing, Springfield, 111. 62701. Authority stone, in bulk, in dump trailers, from by motor vehicle, over irregular routes, sought to operate as a contract carrier, Bridgeport, Conn., to points in Nassau, transporting: Lumber, from Eugene, by motor vehicle, over irregular routes, Suffolk, Rockland, Duchess, and West­ Springfield, Cottage Grove, Culp Creek, transporting: Brick, tile, clay products, chester Counties, N.Y., and Bergen, Hud­ and Vaughn, Oreg., to Coos Bay and and refractory cements, from Alsey, HI., son, Union, Monmouth and Passaic Portland, Oreg., for 150 days. Support­ to points in Iowa, Indiana, Kentucky, Counties, N.J. No compensation on re­ ing shippers: Western Distributors, Inc., Michigan, Missouri, Nebraska, and Wis­ turn except as otherwise authorized, for Post Office Box 948, Eugene, Oreg.; Sen­ consin, for the account of Alsey Refrac­ 180 days. Supporting shipper: Pumice ate- Sawmill Co., Post Office Box 851, tories Co., for 150 days. Supporting Aggregate Corp., 101 Park Avenue, New Eugene, Oreg.; Mauk Oregon. Lumber shipper: Alsey Refractories Co., Alsey, 111. York, N.Y. 10017. Send protests to: Dis­ Co., 33 East 10th Avenue, Eugene, Oreg.; 62610. Send protests to: Harold Jolliff, trict Supervisor David J. Kieman, A. R. Brooks Lumber Co., Ardel Building, District Supervisor, Bureau of Opera­ Bureau of Operations and Compliance, Post Office Box 546, Eugene, Oreg.; tions and Compliance, Interstate Com­ Interstate Commerce Commission, 324 Starr-Carter Lumber Sales, Post Office merce Commission, Room 476, 325 West Post Office Building, 135 High Street, Box 1618, Eugene, Oreg.; Cascadian Co., Adams Street, Springfield, HI. 62704. Hartford, Conn. 06101. Inc., Post Office Box 12, Eugene, Oreg. No. MC 128384 TA, filed July 11, 1966. Send protests to: A. E. Odoms, District Applicant: JUNIOR EVERETT DE­ By the Commission. PRIEST, doing business as JUNIOR E. Supervisor, Interstate Commerce Com- seal eil arson DEPRIEST TRUCKING CO., Birch Tree, [ ] H. N G , rQlssion, Bureau of Operations and Com­ Mo. Applicant’s representative: Rich­ Secretary. pliance, 450 Multnomah Building, Port­ ard D. Moore, 25 Court Square, Post Of­ [F.R. Doc. 66-7834; Filed, July 18, 1966; land, Oreg. 97204. fice Box 484, West Plains, Mo. Author­ 8:49 a.m.]

\.

FEDERAL REGISTER, VOL. 31, NO. 138— TUESDAY, JULY 19, 1966 9768 FEDERAL REGISTER

CUMULATIVE LIST OF PARTS AFFECTED— JULY The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published to date during July.

7 CFR—Continued Page 3 CFR 7 CFR—Continued Page Executive Orders: 1032 ______9206, 9593 P roposed R ules—Continued June 24,1914 (revoked in partr 1033 ______— ------9206 1015_. ______- 9127 by PLO 4048)______9601 1034 ______9206 1016- ______9127 July 10, 1919 (revoked in part 1035 _____ — ______9206 Ì031- ______9127,9420 by PLO 4048)______9601 1036______9206 1032- ______9127,9152 April 17, 1926 (revoked in part 1038 ____ _— ______9206 1033- ______9127 by PLO 4048) __------9601 1039 ______—— ______9206 1034- — ______9127 2216 (revoked in part by PLO 1040 ______;______9206 1035- ______9127 4042)______9108 1041 ______9206 1036- ______9127 3672 (revoked in part by PLO 1043 ______—— ______— ______9206 1038- ______— 9127 4042)______— — _ 9108 1044 ______9206 1039- ______... 9127 6626 (revoked in part by PLO 1045 ______9206 1040- ______9127 4042)------9108 1046 ______— ______— — 9206 1041- ______9127 11258 (superseded by EO 1047 ______- ______9206 1043- ______9127 11288)— — ------9261 1049______— 9206 1044- ______9127 11288 ______9261 1051— ______— — 9206 1045- _____ 9127 11289 ______— 9265 1062 ______— ______- ______9206 1046- _____ 9127 P roclamations : 1063 ______9206 1047- ______9127 3732______— — 9537 1064 ______9206, 9719 1048- ______9127 3733—______— — 9591 1065 ______— 9206 1049- ___ 9127 1066 ______- _____ 9206 1050- — 9152 5 CFR 1068— — — ______- ______- 9206 1051- ____ 9127 213______9043, 9271, 9408, 9539, 9740 1069 ______9206 1060- ...... 9351 2300______9408 1070 ______9206 1061- __ 9127,9279 1071— ______9206 1062- — 9127 6 CFR 1073______— — 9206 1063- ______9127 310——.______:------9199 1074 ______9113, 9206 1064- 9127, 9279, 9306 1075 ______— ______!______9206 1065- _ 9127 1076 ______— i 9206 1066- ____ 9127 7 CFR 1078 ______- ______9206 _ 9127 0 9544 1067- 1079 ______— ------9206 1068- — 9127 28— 111______9412 1090______9206 1069- __ 9127 58— ______- ______9443 1 094______9206 _ 9127 81_____ 9043 1070- 1096— — ______9206 1071- - 9127 301-______9494 1 0 9 7 - ______9206 1073- — _ 9127,9218 331------9544 1098______- 9206 1074- - 9127,9218 354______—------i 9593 1099______9206 1075- - — 9127 40l______9495, 9545 1101 ______— ______— ------9206 1076- _ 9127 403______—------9709 1102 ____— ______& ------S 9206 1078- _ 9127 404 _ 9709 1 103 ______—— ------— ------9206 1079- _ 9127 405—______9710 1106______Â ______9206 1090- ^_ 9127gi27 407— — — ------9710 1 108______9206 1094- 408______9711 1125 ______- - 9206 1096- . 9127 410— ______------9711 1126 ______9114, 9206 1097. - __ 91279303 701— ______9712 1131 ______— ______9206 1098. 718—— — ______——------9677 1132 ______9206 1099- _ 9127 722______9445 1133 _____ E ______- 9206 1101. _^ gl2?9127 728______- ____ 9110, 9545 1136— ______9206 1102. — ^ gl27 751______-_____ 9545 1137 __— _1______9206 1103. 9127 777______9111 1138 ______9206 1104. ------— — gl27 811——______£ 9546 1201— ------.------9337 1106. 817______-______9495 1421__%______9116, 9127 1108. ------9127 908______9112, 9412, 9497, 9677 9337, 9341, 9414, 9594, 9600, 9719 1120. 910 — 9113, 9206, 9413, 9445,9678,9712 1427______9270, 9445 — gi27 1125...... 9127 915— —______9044, 9678 1430______— — 9497 1126. ------— gl27 916_____ 9413 1464------9679 1127. ------9127 919 9547 1 483______9719 1128. gl27 921— 1— ______— ------9547 1490______- i ______— ______9208 1129. ------gl27 922___ 9413 1130. 946— ______- 9044 P roposed R ules: - r —7“' 9127 7 3 0 ______9420 1131. ------9i27 947 ______9269 1132. 948 ______9679 9 6 7 ______i______9118 ------9127 98 7 _____ 9461 1133. 9127 991______9713 x „ - gi27 1002------9206 99 1 ______- ______— 9118 1134. 1004 -- 9045 1 0 0 1 -____— ______— 9127 1136. 9127 1005 ______9206 1002______— — ------— 9127 1137. 9127 1008 __ 9206 1003 ______9127 1138. 1009 ______9206 1 005______9127 1011— _____ — ______9206 1 0 0 8 — ______9127 1009______9127 ® , 9103 1012 ______9206 235—Lê------g207 1013 ______9045, 9206 1011 ______9127 1031______9206 1 012 ...... 9127 252______- ...... FEDERAL REGISTER 9769

9 CFR Page 21 CFR— Continued Page 41 CFR Page Proposed R ules: 121______9106, 9215, 9417, 9453, 9491 I- 5_____ 9216 131______9745 146d______9107 4- 6______9497 166______9492 5- 2______9498 10 CFR 5- 6___ 9498 1______9539 22 CFR 6- 75______9741 61__ :______9348 9-7___ 9063 12 CFR 9-56______9349 204______9103, 9445 23 CFR II- 1_ 9457 216______9445 1______9270 11-3______9457 217 ______- ______9103 11-5______9458 571______9539 24 CFR 101-26______9541 1600______9492 101-27______9541 13 CFR 101-29______9628 107 ______-____ 9720 25 CFR 101-45______9542 108______9270 P roposed R ules: 121______9721 255_____ 9087 42 CFR 52______9499 14 CFR 26 CFR 59a______9499 Ch. I______9211 1______9199, 9454 61______9499 39______9046, 9109, 9399, 9446, 9675 301______9731 63 ------9499 63______9047 P roposed R ules: 64 ______9499 71______9047, 1__ 9276, 9351, 9506,9549,9743, 9745 73______9676 9109, 9110, 9399, 9400, 9446-9448, 48______9086 9602. 43 CFR 73______9110, 9267 29 CFR 8_____ 9108 75------9267, 9400, 9675 1500______9348 P ublic Land Orders: 77______:___ 9448 P roposed R ules: 829 (revoked in part by PLO 95______9487 60______9420 4044) ______9268 97------_____ 9048, 9212, 9401, 9732 3873 (revoked in part by PLO 103______9058 30 CFR 4043)______9268 Proposed R ules: 229______9062 4042 ______9108 21— ______9131 4043 ______9268 45______9131 4044 ______9268 71______9137, 31 CFR 4045.______9268 9306, 9307, 9361-9363, 9423, 9460, 100_____ 9493 4046 ______9269 9549,9550,9606, 9607. 250______9418 4047 _ 9269 75------9363, 9423 4048 ______9601 91------9131 32 CFR 241------9358 43______9458 46 CFR 721______9271 1809______9348 401 _ 9064 16 CFR 402 ______9067 13—... 9345, 9346, 9449-9453, 9489, 9490 15______9214 33 CFR 207...... 9497 47 CFR 221------9267 2...... 9603 260------9062 36 CFR 25______9216 Proposed R ules: 73______9216 302. 9683, 9684 1------9062 3______9107 81______9350 17 CFR 7___ 9062 83______9273, 9350, 9505 221______9417 P roposed R ules: 240_ 9104 1 ___ 9424 249____ 9104 P roposed R ules: 29____ 9278 2 _ 9550 18 CFR 73______9088, 9239, 9551, 9552, 9746 157___ 37 CFR 83______9607 9347 1___ 9540 87__ 9746 260_____ 9062 95______9511 Proposed Rules: 38 CFR Ch. VI_____ 9747 49 CFR 703______3______9063, 9605 9747 36______9063 1------9676 71-79______9067, 9676 19 CFR 39 CFR 95______9084, 9085 Proposed Rules: 120 19______13______y______9740 ______9741 9743 16____ 9540 205------9741 24______9540 P roposed R ules: 20 CFR 95______9240 405______96______9643 9580 811 ______9644 97______9240 812 ______9644 170______9308 21 CFR 813 ______9646 3-, 9215, 9540 821______9647 50 CFR 8. . " ___ 9105 822______9650 32______*.___ 9505 19.. ------___ 9602 823 ______9670 256______9108 120.. 9453, 9643 824 ____ 9674 271______9542, 9543

No. 138-----O

PUBLIC PAPERS OF THE PRESIDENTS OF THE UNITED STATES

Now available Lyndon B. Johnson 1963-64

Book I (November 22, 1963 to June 30, 1964) Price $6.75 Book II (July 1, 1964 to December 31, 1964) Price $7.00

Contents • Messages to the Congress • Public speeches and letters • The President’s news conferences • Radio and television reports to the American people • Remarks to Informal groups Prior volumes Published by Prior volumes covering most of the Truman Office of the Federal Register administration and all of the Eisenhower and National Archives and Records Service Kennedy years are available at comparable General Services Administration prices from the Superintendent of Documents, Order froth Government Printing Office, Washington, D.C. Superintendent of Documents 20402. U.S. Government Printing Office Washington, D.C. 20402