FEDERAL REGISTER VOLUME 34 * NUMBER52 Tuesday, March 18, 1969 • Washington, D.C. Pages 5321-5359
Agencies in this issue— Atomic Energy Commission Business and Defense Services Administration Census Bureau Civil Aeronautics Board Civil Service Commission Consumer and Marketing Service Federal Aviation Administration Federal Communications Commission Federal Home Loan Bank Board Federal Maritime Commission Federal Power Commission Federal Railroad Administration Federal Reserve System Fish and Wildlife Service Food and Drug Administration General Services Administration Housing and Urban Development Department Immigration and Naturalization Service Interior Department Internal Revenue Service Interstate Commerce Commission Post Office Department Saint Lawrence Seaway Development Corporation Securities and Exchange Com m ission Small Business Administration Detailed list of Contents appears inside. Just Released
CODE OF FEDERAL REGULATIONS
(As of January 1, 1969)
Title 4—Accounts (Revised)______$0. 50
Title 13—Business Credit and Assistance (Revised)______1. 25
Title 32— National Defense (Parts 400-589) (R evised )______2 .0 0
[A Cumulative checklist of CFR issuances for 1969 appears in the first issue of the Federal Register each month under Title i]
Order from Superintendent of Documents, United States Government Printing Office, Washington, D.C. 20402
sC W 1 Published daily, Tuesday through Saturday (no publication on Sundays, Mondays, or on the day after an official Federal holiday), by the Office of the Federal Register, National FEDERAL^pEGISTER Archives and Records Service, General Services Administration (mail address National Archives Building, Washington, D.C. 20408), pursuant to the authority contained in the Federal Register Act, approved July 26, 1935 (49 Stat. 500, as amended; 44 U.S.C., Ch. 15), tinder regulations prescribed by the Admin istrative Committee of the Federal Register, approved by the President (1 CFR Ch. I). Distribution is made only by the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. • The F ederal Register will be furnished by mail to subscribers, free of postage, for $1.50 per month or $15 per year, payable in advance. The charge for individual copies varies in proportion to the size of the issue (15 cents for the first 80 pages and 5 cents for each additional group of 40 pages, as actually bound). Remit check or money order, made payable to the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. The regulatory material appearing herein is keyed to the Code of F ederal Regulations, which is published, under 50 titles, pursuant to section 11 of the Federal Register Act, as amended (44 U.S.C. 1510). The Code of F ederal Regulations is sold by the Superintendent of Documents. Prices of books and pocket supplements are listed in the first F ederal R egister issue of each month. There are no restrictions on the republication of material appearing in the F ederal Register or the Code of Federal R egulations. Contents
AGRICULTURE DEPARTMENT FEDERAL AVIATION FEDERAL RAILROAD See Consumer and Marketing ADMINISTRATION ADMINISTRATION Service. Rules and Regulations Proposed Rule Making Airworthiness directives: Power or Train Brakes Safety Ap ATOMIC ENERGY COMMISSION Fairchild Hiller aircraft------5327 pliance Act of 1958; extension General Electric aircraft en of time for filing comments__ 5338 Notices gines ______— 5327 Connecticut Yankee Atomic Power Control zones and transition area; FEDERAL RESERVE SYSTEM Co.; issuance of operating li revocation, a l t e r a t i o n , and Rules and Regulations cense amendment------5343 designation ______5328 Lockheed Aircraft Corp.; issuance Transition area; alteration_____ 5328 Truth in lending; miscellaneous amendments______5326 of facility license amendment— 5343 Proposed Rule Making Nuclear Diagnostic Laboratories, Notices Inc.; issuance of amendment to Proposed alterations: Control area and reporting Dacotah Bank Holding Co.; order byproduct and source material approving application______5353 license______5343 p oin ts______5335 Control zone and transition area______5336 FISH AND WILDLIFE SERVICE BUSINESS AND DEFENSE Transition areas; proposed desig Rules and Regulations SERVICES ADMINISTRATION nations (3 documents)______5337 Washita National Wildlife Refuge, Notices Notices Okla.; sport fishing (2 docu ments) ______5330 American Medical Association et Ketchikan Flight Service Station at Ketchikan, Alaska; notice of al.; duty-free entry of scientific FOOD AND DRUG articles______5342 opening ______5343 ADMINISTRATION CENSUS BUREAU FEDERAL COMMUNICATIONS Notices COMMISSION Drugs for veterinary use; drug Notices efficacy study implementation; Number of employees, taxable Notices announcement regarding Klot wages, geographic location and Hearings, etc.: Stainless______5342 kind of business establishments KB LI, Inc. (KTLE) and Eastern of multiunit companies; notice Idaho Television Corp___ ;__ 5347 GENERAL SERVICES of consideration for surveys___ _ 5341 WATR, Inc. (WATRr-TV) _____ 5348 ADMINISTRATION Rules and Regulations CIVIL AERONAUTICS BOARD FEDERAL HOME LOAN BANK Procurement sources and pro Notices BOARD grams; notification of vehicle Hearings, etc.: Proposed Rule Making defects ______5329 Household goods airfreight for Federal Savings and Loan System; Notices warder investigation______5344 unsecured loans______5338 Costs applicable to grants and International Air Transport contracts with State and local Association______5345 governments; determination__ 5354 FEDERAL MARITIME CIVIL SERVICE COMMISSION COMMISSION HEALTH, EDUCATION, AND Rules and Regulations Notices WELFARE DEPARTMENT Excepted service: Agreements filed for approval: See Food and Drug Administra Entire executive civil service_ 5325 Bordas Lines, Inc., and Sea- tion. Executive Office of the Presi Land Service, Inc______5350 dent ------5325 Retla Steamship Co., and Star HOUSING AND URBAN General Services Administra Bulk Shipping Co. A /S_____ 5351 DEVELOPMENT DEPARTMENT tion ------5325 Retla Steamship Co., et al------5351 Notices Authority delegations: COMMERCE DEPARTMENT FEDERAL POWER COMMISSION See Business and Defense Services Alstrup, Donald M______5342 Administration; Census Bureau. Notices Assistant Administrator for In Hearings, etc.: surance Operations, Federal CONSUMER AND MARKETING Cabot Corp______5351 Insurance Administration___ 5342 SERVICE Connecticut Light and Power C o ______5353 IMMIGRATION AND Proposed Rule Making Kansas-Nebraska Natural Gas NATURALIZATION SERVICE Milk in Rio Grande Valley market Co., Inc______5353 Rules and Regulations ing area; recommended deci Panhandle Eastern Pipe Line sion ______5334 Co ______— 5352 Miscellaneous amendments to Shelled pecans; proposed stand Southwest Gas Producing Co., chapter______^_____ 5325 ards for grades______•__ 5331 Inc., et al_____ Z______5353 (Continued on next page) 5323 5324 CONTENTS
INTERIOR DEPARTMENT JUSTICE DEPARTMENT Notices See also Pish and Wildlife Service. See Immigration and Naturaliza Hearings, etc.: Notices tion Service. Commercial Finance Corpora tion of New Jersey_____ *____ 5355 Indian tribes performing law and POST OFFICE DEPARTMENT Continental Vending Machine order functions; notice of de Rules and Regulations Corp ------5354 termination ______5341 Northeast Utilities______5354 Miscellaneous amendments to Westec Corp______;______5354 INTERNAL REVENUE SERVICE chapter______5329 Notices SAINT LAWRENCE SEAWAY District Directors et al.; delega SMALL BUSINESS tion of authority______._____ 5341 DEVELOPMENT CORPORATION ADMINISTRATION Proposed Rule Making \ INTERSTATE COMMERCE Rules and Regulations Seaway regulations and rules; Lease guarantee; miscellaneous COMMISSION calling-in points; correction__ 5339 amendments______5327 Notices SECURITIES AND EXCHANGE Notices Certain railroads, car distribution Small Business Assistance Corp.; (5 documents)______5355, 5356 COMMISSION surrender of license______5351 Louisville and Nashville Railroad Proposed Rule Making Co., and Birmingham Southern Certain forms, preparation; guide Railroad Co.; rerouting or di lines (2 documents)______5339 TRANSPORTATION DEPARTMENT version of traffic______5355 Motor carrier transfer proceed See Federal Aviation Administra ings ------^------5357 tion; Federal Railroad Admin Statements of changes in financial istration. interests: Lawrence, John V______5356 Root, EugeneS______5357 TREASURY DEPARTMENT Wuerker, Alexander W______5357 See Internal Revenue Service. List of CFR Parts Affected The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulative list of parts affected, covering the current month to date, appears at the end of each issue beginning with the second issue of the month. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1, 1969, and specifies how they are affected.
5 CFR 13 CFR 33 CFR 213 (3 documents)______5325 106______1_.______5327 P roposed R u l e s: 401______5339 7 CFR P roposed R u l e s: 14 CFR 39 CFR 51______5331 39 (2 documents)______5327 124 ______5329 1138______5334 71 (2 documents)______5328 125 ______5329 P roposed R u l e s: 134______5329 8 CFR 71 (5 documents)______5335-5338 141______5329 204______5325 151______5329 212______5326 245_____ 5326 17 CFR 41 CFR 248______5326 101-26______5329 P roposed R ules : 12 CFR 231----- 5339 49 CFR 271 (2 documents)______5339 226______5326 232______5338 P roposed R u l e s : 50 CFR 545------5338 33 (2 documents)______5330 5325 Rules and Regulations
PART 213— EXCEPTED SERVICE representative, except that Forms ES- Title 5— ADMINISTRATIVE 575B and such certification shall be General Services Administration omitted if the beneficiary is qualified for PERSONNEL Section 213.3337 is amended to show and will be engaged in an occupation that one position of Confidential As currently listed in Schedule A or Sched Chapter I— Civil Service Commission sistant to the Administrator is excepted ule C—Precertification List (29 CFR PART 213— EXCEPTED SERVICE under Schedule C. Effective on publica Part 60) or the beneficiary is qualified as tion in the F ederal R egister, subpara a member of the professions or has ex Executive Office of the President graph (6) is added to paragraph (a) of ceptional ability in the sciences or arts F.R. Doc. 69-2030 in the issue for Feb § 213.3337 as set out below. and will be engaged therein. The district ruary 14,1969, on page 2198, is corrected director may request the Secretary of to show that the additional position § 213.3337 General Services Adminis Labor or his designated representative shown to be excepted by that document tration. to furnish an advisory opinion of the is titled Assistant Director for Executive (а) Office of the Administrator. * * * alien’s occupational qualifications in any Management. As corrected, subpara (б) One Confidential Assistant to the specific case. graph (1) of paragraph (a) of § 213.3303 Administrator. (2) Certification under section 212 is amended and a new subparagraph (5) (5 U.S.C. 3301, 3302, E.O. 10577, 3 CFR 1954r- (a) (14). An alien whose occupation is is added as set out below. 58 Comp., p. 218) currently listed in Schedule A (29 CFR Part 60) will be considered as having § 213.3303 Executive Office of the U nited S tates Civil S erv obtained a certification under section 212 President. ice Com m ission, (a) (14) of the Act upon determination (a) Bureau of the Budget. (1) Three [seal] J ames C. S pry, by the district director that the alien Assistant Directors. Executive Assistant to is qualified for and will be engaged in ***** the Commissioners. such occupation. In the case of an alien (5) One Assistant Director for Execu [F.R. Doc. 69-3330; Filed, Mar. 17, 1969; whose occupation is currently listed in tive Management. 10:25 a.m.] Schedule B, the Secretary of Labor has (S U.S.C. 3301, 3302, E.O. 10677, 19 F.R. 7621, announced that the determination and 3 CFR 1954-1958 Comp., p. 218) certification required by section 212(a) (14) of the Act cannot now be made (29 U nited S tates Civil S erv Title 8— ALIENS AND CFR Part 60). An alien whose occupa ice Com m ission, tion is currently listed in Schedule C— [seal] J ames C. S pr y , NATIONALITY Precertification List will be considered as Executive Assistant to having obtained a certification under the Commissioners. Chapter I— Immigration and Natural section 212(a) (14) of the Act upon [F.R. Doc. 69-3198; Filed, Mar. 17, 1969; ization Service, Department of determination by the district director 8:46 a.m.] that the alien is qualified for and will Justice be engaged in such occupation and that PART 213— EXCEPTED SERVICE MISCELLANEOUS AMENDMENTS TO the alien will not reside in an area ex CHAPTER cluded from precertification by the Sec Entire Executive Civil Service retary of Labor. In the case of a bene Section 213.3102 is amended to show The following amendments to Chapter ficiary who the district director deter that all executive agencies are authorized I of Title 8 of the Code of Federal Regu mines is a member of the professions or to appoint under Schedule A each sum lations are hereby prescribed: a person with exceptional ability in the mer finalists in national science con PART 204— PETITION TO CLASSIFY sciences or arts, but who is not included tests under programs approved by the in Schedule A (29 CFR Part 60), the dis Civil Service Commission. Appointees ALIEN AS IMMEDIATE RELATIVE trict director will refer Form ES-575A will serve in positions as grade GS-2 and OF A U.S. CITIZEN OR AS A PREF to the Administrator, Bureau of Employ below as assistants to scientific, profes ERENCE IMMIGRANT ment Security, US. Department of sional, and technical employees. Effec Labor, for a determination as to whether 1. Paragraph (d) of § 204.1 is amendedan individual labor certification will be tive on publication in the F ederal R eg to read as follows: ister, paragraph (y) is added to issued. In the case of any other alien, his § 213.3102 as set out below. § 204.1 Petition. employer or prospective employer may § 213.3102 Entire Executive Civil Serv * * * * * apply for certification under section 212 ice. (d) Petitions under section 203(a)(6) (a) (14) of the Act by submitting prop ***** of the Act—(1) Filing petition. A person, erly executed Forms ES-575A and ES- firm, or organization desiring and in 575B, together with the documentary (y) Positions at grade GS-2 and below evidence required by the instructions for for summef employment, as defined in tending to employ within the United States an alien entitled to classification completion of the forms, to the local § 213.3101(d), of assistants to scientific, as a preference immigrant under sec office of the State Employment Service professional, and technical employees, tion 203(a) (6) of the Act shall file a pe serving the area of intended employment. when filled by finalists in national science tition on Form 1-140 in the office of the Information concerning the categories of contests under hiring programs approved Service having jurisdiction over the place employment listed in Labor Department by the Commission. of intended employment. A separate form Schedules (29 CFR Part 60) may be ob must be submitted for each beneficiary, tained from principal offices of the Serv 3301 • 3302> E O- 10577, 3 CFR 1954r- executed under oath or affirmation, ac ice, from State Employment Service 1958 Comp., p. 218) offices and from U.S. consular offices. companied by a fee of $10. Before it may U nited S tates Civil S erv (3) Sixth preference petition for mem be accepted and considered properly filed, ice Com m ission, ber of professions or person having ex [seal] J am es C. S pry, the petition must be accompanied by ceptional ability in sciences or arts. Noth Executive Assistant to executed Forms ES-575A and ES-575B to ing contained in this part shall preclude the Commissioners. which the certification under section an employer who desires and intends to [F.R. Doc. 69-3264; Filed, Mar. 17, 1969; 212(a) (14) of the Act has been affixed by employ an alien who is a member of the 8:49 a.m.] the Secretary of Labor or his designated professions or a person with exceptional
FEDERAL REGISTER, VOL. 34, NO. 52— TUESDAY, MARCH 18, 1969 5326 RULES AND REGULATIONS ability in the sciences or the arts from issued covering the alien’s occupation, or that form, and must be accompanied by filing a petition for sixth preference the alien is within Schedule C—Precerti the evidence of the applicant’s qualifica classification; however, any such peti fication List, 29 CFR 60, the approval tions specified in the instructions at tion shall be subject to the requirements shall remain valid for a period of 1 year tached to the application for adjustment of this paragraph and § 204.2(f). from the date of approval.” of status. The other documents specified (4) Interview and decision. The benefi in § 245.2(a) must also be submitted in ciary and the petitioner may be required support of the application for adjust to appear in person before an immigra PART 212— DOCUMENTARY RE ment of status. Determination concern tion officer prior to the adjudication of QUIREMENTS: NONIMMIGRANTS; ing certification under section 212(a) (14) the petition and be interrogated under WAIVERS; ADMISSION OF CERTAIN of the Act will be made in accordance oath concerning the allegations in the INADMISSIBLE ALIENS; PAROLE with the pertinent provisions of § 204.1 petition. The petitioner shall be notified (d) (2) of this chapter. of the decision and, if the petition is § 212.8 [Amended] (2) Other nonpreference aliens who denied, the reasons therefor and of his Paragraph (c) Department of Labor will engage in gainful employment. If right to appeal in accordance with the certifications in connection vnth visa the applicant for adjustment as a non provisions of Part 103 of this chapter. petitions and applications for adjustment preference alien under section 245 of the However, no appeal shall lie from a deci of status of § 212.8 Certification re Act is not a member of a profession, is sion denying the petition for lack of a quirement of section . 212(a)(14) is not a person with exceptional ability in certification by the Secretary of Labor deleted. the sciences or the arts, and is unquali pursuant to section 212(a) (14) of the fied for a category of employment cur Act. rently listed in Schedule A or-C—Pre 2. Paragraph (f) of § 204.2 is amended PART 245— ADJUSTMENT OF STATUS certification List, 29 CFR Part 60, he to read as follows: TO THAT OF PERSON ADMITTED must submit with his application a cer FOR PERMANENT RESIDENCE tification of the Secretary of Labor issued § 204.2 Documents. under section 212(a) (14) of the Act. The * * * * * 1. Paragraph (e) of § 245.1 is amended applicant’s employer or prospective em (f) Evidence required to accompany to read as follows: ployer may apply for the certification petition for skilled or unskilled labor. § 245.1 [Amended] to the local State Employment Service. Forms ES-575A or Forms ES-575A and (e) Nonpreference aliens. An appli * * * * * B, as specified in § 204.1(d), properly cant who is a nonpreference alien seeking executed in accordance with the instruc adjustment of status for the purpose of PART 248— CHANGE OF NONIMMI tions for completion of those forms and engaging in gainful employment in the accompanied by the documentary evi United States, and who is not exempted GRANT CLASSIFICATION dence specified in the instructions at under § 212.8(b) of this chapter from the § 248.2 [Amended] tached to the visa petition, shall be sub labor certification requirement of section mitted with each visa petition on Form 212(a) (14) of the Act, is ineligible for the Section 248.2 Application is amended 1-140 to accord an alien classification benefits of section 245 of the Act unless by deleting the third sentence. under section 203(a) (6) of the Act. In an individual labor certification is issued (Sec. 103, 66 Stat. 173; 8 U.S.C. 1103) addition, when the qualifications of an by the Secretary of Labor or his desig This order shall be effective on the alien are based in whole or in part on nated representative, or unless the appli attendance at a school, the evidence date of its publication in the F ederal cant establishes that he is within Sched R egister. Compliance with the provisions must include a certified copy of his ules A or C—Precertification List, 29 CFR school record. The record must show of § 553 of title 5 of the United States the period of attendance, the major field Part 60. Code (80 Stat. 383), as to notice of pro 2. Item (2) of the fourth sentence of posed rule making and delayed effective of study, and the certificates, diplomas, paragraph (g) Availability of immigrant or degrees awarded. If the alien’s eligi date is unnecessary in this instance be visas under section 245 of § 245.1 Eligi cause the amendments to §§ 204.1(d), bility is based on training or experience, bility is amended to read as folloWs: “(2) documentary evidence thereof, such as 204.2(f), 204.4, 212.8(c), 245.1(e), 245.1 the date on which application Form 1-485 (g), and 245.2(b) were made to conform affidavits, must be submitted by the pe is filed, if the applicant establishes that titioner. Affidavits must be made by the to the Department of Labor regulations the provisions of section 212(a) (14) of published 34 F.R. 1018. The amendment alien’s present and former employers or the Act do not apply to him or that he by other persons familiar with the to § 248.2 confers a benefit upon persons Is within the Department of Labor’s affected thereby. alien’s work. Each such affidavit must Schedules A or C—Precertification List set forth the name and address of Dated: March 12, 1969. the affiant and state how he acquired (29 CFR Part 60);” his knowledge of the alien’s qualifica 3. P a r a g r a p h (b) of § 245.2 is R aymond F. F arrell, tions, state the place where and the dates amended to read as follows: Commissioner of during which the alien gained his train § 245.2 Application. Immigration and Naturalization. ing or experience, and must describe in * * * * * [F.R. Doc. 69-3177; Filed, Mar. 17, 1969; detail the duties performed by the alien, 8:45 a.m.] any tools used, and any supervision re (b) Application by nonpreference alien ceived or exercised by the alien. The dis seeking adjustment of status for purpose trict director may request the Secretary of engaging in gainful employment—(1) of Labor or his designated representative Alien whose occupation is included in Title 12— BANKS AND BANKING Schedule A or C—Precertification List, to furnish an advisory opinion concern Chapter II— Federal Reserve System ing the beneficiary’s qualifications. 29 CFR Part 60, or who is a member of § 204.4 [Amended] the professions or has exceptional ability SUBCHAPTER A— BOARD OF GOVERNORS OF in the sciences or arts. An applicant for THE FEDERAL RESERVE SYSTEM 3. The second sentence of § 204.4 adjustment of status as a nonpreference [Reg. Z] Validity of approved petitions is amended alien under section 245 of the Act must to read as follows: “The approval of a submit Forms ES-575A with his applica PART 226— TRUTH IN LENDING petition to classify an alien as a prefer tion, if he is qualified for and will be ence immigrant under section 203(a) (6) engaged in an occupation currently listed Miscellaneous Amendments of the Act shall remain valid for a period in Schedule A or C—Precertification List, The document adopting a new part en of 1 year from the date of any individual 29 CFR Part 60, or if he is a member of titled “Truth in Lending” (F.R. Doc. 69- certification issued by the Secretary of the professions or has exceptional ability 548) of Chapter H of Title 12 of the Labor pursuant to section 212(a) (14) of in the sciences or the arts. The Forms Code of Federal Regulations, published the Act; if a blanket certification pursu ES-575A must be executed in accordance in Part n of the F ederal R egister on ant to Schedule A, 29 CFR 60, has been with the instructions for completion of February 11,1969, is corrected as follows:
FEDERAL REGISTER, VOL. 34, NO. 52— TUESDAY, MARCH 18, 1969 RULES AND REGULATIONS 5327
(a) In § 226.2(d) by changing “(d) (4) 3. By deleting subdivision (VII) ofunless already accomplished, rewire the flap of § 226.8” to read “(d)(1) of § 226.8”; § 106.6(g) (1). drive circuit in accordance with Fairchild Hiller F-27 Service Bulletin F-27—27-67 dated (b) In § 226.2 (k) by deleting in the Effective date: March 5, 1969. February 1, 1969, for F-27 aircraft, or later first sentence the comma between revisions approved by the Chief, Engineer “which” and “either”; H oward G reenberg, ing and Manufacturing Branch, FAA Eastern (c) In § 226.7(b) (3) by deleting Acting Administrator. Region, or perform an equivalent modifica “total” and changing “ ‘payment,’ ” to [F.R. Doc. 69-3232; Filed, Mar. 17, 1969; tion approved by the Chief, Engineering and “ ‘payments,’ ”; 8:49 a.m.] Manufacturing Branch, FAA Eastern Region. (d) In § 226.8(e) (2) (iii) by adding (c) Upon request with substantiating data “and” at the end thereof; and submitted through an FAA Maintenance Inspector, compliance time may be increased (e) In § 226.9(b) by deleting the colon by the Chief, Engineering and Manufactur before the blank line for the name of the Title 14— AERONAUTICS AND ing Branch, FAA Eastern Region. creditor. This amendment is effective March 26, Dated at Washington, D.C., the 11th SPACE 1969. day of March 1969. Chapter I— Federal Aviation Admin (Secs. 313(a), 601, 603, Federal Aviation Act By order of the Board of Governors. istration, Department of Transpor of 1958; 49 U.S.C. 1354(a), 1421, 1423; sec. 6 (c), DOT Act; 49 U.S.C. 1655(c)) [seal] R obert P. P orrestal, tation Assistant Secretary. [Docket No. 69-EA-16, Amdt. 39-734] Issued in Jamaica, N.Y. on March 10, 1969. [F.R. Doc. 69-3228; Filed, Mar. 17, 1969; R . M. B row n, 8:49 a.m.] PART 39— AIRWORTHINESS DIRECTIVES Acting Director, Eastern Region. [F.R. Doc. 69-3182; Filed, Mar. 17, 1969; Fairchild Hiller Aircraft 8:45 a.m.] Title 13— BUSINESS CREDIT The Federal Aviation Administration is amending § 39.13 of Part 39 by pub [Docket No. 69-EA-21, Amdt. 39-735] AND ASSISTANCE lishing an airworthiness directive which PART 39— AIRWORTHINESS will require an inspection and replace Chapter I— Small Business ment where necessary of the contacts in DIRECTIVES Administration the wing flap system motor relay of the General Electric Aircraft Engines Fairchild Hiller F-27 type airplane and [Amdt. 2] eventual rewiring of the flap drive circuit. The Federal Aviation Administration is amending § 39.13 of Part 39 of the Fed PART 106— LEASE GUARANTEE There have been reports of instances in which F-27 airplanes incorporating a eral Aviation Regulations so as to require Miscellanous Amendments Cutler Hammer relay in the flap drive an inspection and replacement where circuit have had malfunctions of the necessary of first stop turbine discs of Part 106 of Chapter 1 of Title 13 of wing flap as a result of the flaps being the General Electric J85 type aircraft the Code of Federal Regulations is driven off the end of the screw jacks. The engine. hereby amended: cause is attributed to welded contacts in A recent noncontained failure of a 1. Section 106.6(g) (1) (i) is revised the flap system motor relay. Since this stage one turbine disc in a General Elec to read as follows: condition is likely to exist or develop in tric J85 engine in military service has (1) Minimizing the risk: other airplanes of the same type design, been found to be the result of cracking (i) Upon the effective date of thethis airworthiness directive is being originating at an undersized radius— policy of rental insurance, the lessee issued. 0.002 instead of 0.015 minimum—on the shall either: (a) Pay an amount not to Since a situation exists that requires forward face of the disc. Since the same exceed one quarter of the average mini expeditious adoption of this regulation, disc is used in the civil version of the J85, mum guaranteed annual rental required it is found that notice and public proce the CJ610, as well as the turbo fan under the lease, which amount shall be dure herein are impracticable and good CF700, an immediate inspection of all held by the Administrator or, in the case cause exists for making this amendment discs to check for the proper radius is re of participation, by the participant in effective in less than 30 days. quired. As this condition can exist in an escrow interest-bearing account and In consideration of the foregoing and other engines of the same type design an shall be available (1) for forfeiture to pursuant to the authority delegated to airworthiness directive is being issued. the guarantor for application on rental me by the Administrator, 14 CFR 11.85 Since a situation exists that requires charges accruing in any month in which [31 F.R. 13697], § 39.13 of Part 39 of the immediate adoption of this regulation, it the lessee is in default; or (2) if no de Federal Aviation Regulations is amended is found that notice and public procedure fault occurs during the term of the lease, by adding the following new airworthi herein are impracticable and good cause for application (with simple interest ac ness directive. exists for making this amendment effec crued at the rate of four (4) percent tive in less than 30 days. per annum) toward payments of final Fairchild. Applies to Type F-27 Airplanes In consideration of the foregoing and Serial Numbers 1 through 124 inclusive. pursuant to the authority delegated to rental charges under the lease; or (b) Incorporating Cutler Hammer P /N 6046 The lessor shall agree that one quarter of H46 Relay in Flap Control System. me by the Administrator, 14 CFR 11.85 the average minimum guaranteed annual Compliance required as follows: [31 F.R. 13697], § 39.13 of Part 39 of the rental required under the lease shall be To prevent hazards associated with flap Federal Aviation Regulations is amended Dorne by the lessor as coinsurance. If, drive system failure whereby the flaps are by adding the following new airworthi prior to expiration, the lease term is driven off the drive screw jacks, accomplish ness directive: terminated by mutual consent of the the following: General Electric. Applies to Models CJ610-1, lessor and the lessee, the total funds held (a) Within the next 200 hours time in -4, -5, -6, and J85—GE-17B Turbojet and service after the effective date of this AD, CF700-2C Turbofan Engines. m escrow with accumulated interest shall and thereafter at 200 hour intervals from the Compliance required as indicated. oe paid to the lessee upon written no date of the last inspection, open cover of (a) Unless already accomplished, inspect tice to the escrowee, signed by both the wing flap system motor relay and visually in accordance with the following schedule lessor and the lessee, of the termination inspect all contacts. Any finding of contact first stage turbine discs P /N 634E583 and oi the lease and payment by the lessee of pitting or discoloration of contacts requires 841B690 for a minimum radius of 0.015 inch „r:,^e^ s due and payable in accordance replacement of the relay with an unused in the rabbet at the outer "rotating air seal th the guarantee to the date of ter part. The inspection may be terminated upon location using the procedure outlined in mination of the lease. completion of the requirement of paragraph General Electric Alert Service Bulletin No. (b) of this AD. CJ610 A72-76 or CF700 A72-73 or later FAA- deleting the word “qualified” in (b) Within the next 500 hours time in approved revision or equivalent inspection line nine (9) of (b) of § 106.6(g) (1) (ii). service after the effective date of the AD, approved by the Chief, Engineering and
FEDERAL REGISTER, VOL. 34, NO. 52— TUESDAY, MARCH 18, 1969 5328 RULES AND REGULATIONS
Manufacturing Branch, Eastern Region, That airspace extending upward from 700 Issued in Jamaica, N.Y., on March 6, Federal Aviation Administration. feet above the surface within a 6-mile radius 1969. 1. Inspect first stage turbine discs with of the center 41052'35'' N., 71°01'00” W., of 2,760 or more cycles on the effective date of Taunton Municipal Airport, Taunton Mass.; / R . M. B row n, this AD within the next 10 cycles. within 2 miles each side of the Whitman Acting Director, Eastern Region. 2. Inspect first stage turbine discs with Mass., VORTAC 187° radial, extending from 2,451 or more cycles on the effective date of the 6-mile radius area to the Whitman VOR 1. Amend § 71.171 of Part 71 of the this AD w ithin the next 50 cycles or at 2,770 TAC and within 2 miles each side of the 118° Federal Aviation Regulations by revok cycles whichever occurs first. bearing from the Taunton, Mass., RBN, 41 °- ing the Louisville, Ky., control zone. 3. Inspect first stage turbine discs with 52'35" N., 71°01'03'' W., extending from the 2. Amend § 71.171" of Part 71 of the 2,450 or less cycles on the effective date of 6-mile radius area to 8 miles southeast of Federal Aviation Regulations by desig this AD at first overhaul or at 2,500 cycles the Taunton RBN. nating a Louisville, Ky. (Bowman Field), whichever occurs first. [F.R.' Doc. 69-3184; Filed, Mar. 17, 1969; and Louisville, Ky. (Standiford Field), (b) For the purposes of this AD, a cycle 8:45 a.m.] is defined as that set forth in the subject control zone described as follows: Alert Service Bulletins. Louisville, K y. (Bowman F ield) (c) Discs with less . than the required [Airspace Docket No. 68-EA-121] radius are to be replaced with like parts Within a 5-mile radius of the center, 38 °- w ith minimum 0.015 inch radius. 13'40" N., 85°39'45" W. of Bowman Field, PART 71— DESIGNATION OF FEDERAL Louisville, Ky., excluding the portion west This amendment is effective March 26, AIRWAYS, CONTROLLED AIRSPACE, of a line 2 miles east and parallel to the 1969. AND REPORTING POINTS Standiford Field, Ky., localizer north course and excluding the portion south of a line 2 (Secs. 313(a), 601, 603, Federal Aviation Act Revocation, Alteration, and Designa miles north and parallel to the Standiford of 1958; 49 U.S.C. 1354(a), 1421, 1423; sec. 6 Field, Ky., localizer east course. (c), DOT Act; 49 U.S.C. 1655(c) ) tion of Control Zones and Transition Area Louisville, K y. (Standiford F ield) Issued in Jamaica, N.Y. on March 10, Within a 5-mile radius of the center-38°- F ederal R egister 1969. On page 18199 of the 10'33” N., 85°44'12” W. of Standiford Field, R . M. B row n, for December 6, 1968, the Federal Avia Louisville, Ky.; within 2 miles each side of Acting Director, Eastern Region. tion Administration published a proposed the Standiford Field localizer north course, [F.R. Doc. 69-3183; Filed, Mar. 17, 1969; regulation which would revoke the Louis extending from the Louisville, Ky. (Standi 8:45 a.m.] ville, Ky., control zone; designate a ford Field), 5-mile radius zone to the inter Louisville, Ky. (Bowman Field), and section of the Standiford Field localizer Louisville, Ky. (Standiford Field) , con north course and the Louisville, Ky., VORTAC [Airspace Docket No. 68-EA—120] trol zone; alter the Louisville, Ky., tran 328° radial; within 2 miles each side of the Standiford Field localizer south course, ex PART 71— DESIGNATION OF FEDERAL sition area. tending from the Louisville, Ky. (Standiford AIRWAYS, CONTROLLED AIRSPACE, Interested parties were given 30 days Field), 5-mile radius zone to the OM; within in which to submit written data or views 2 miles each side of the Louisville, Ky., VOR AND REPORTING POINTS and the Air Transport Association sub TAC 301° radial, extending from the Louis ville, Ky. (Standiford Field), 5-mile radius Alteration of Transition Area mitted objections to the notice. They felt that the notice of proposed rule making zone to the Louisville, Ky., VORTAC; within On page 18628 of the F ederal R egister 2 miles each side of the Louisville, Ky., VOR failed to state a case of hardship on Bow TAC 331° radial, extending from the Louis for December 17, 1968, the Federal Avia man Field as a result of being within the ville, Ky. (Bowman Field), control zone and tion Administration published a proposed restrictions of the Louisville, Ky., control the Louisville, Ky. (Standiford Field), 5- regulation which would alter the 700-foot zone; that special VFR operations at mile radius zone to the Louisville, Ky., VOR Taunton, Mass., transition area. Bowman Field might affect Standiford TAC and w ithin 2 m iles each side of the Interested parties were given 30 days Field traffic; and if the proposed rule is Standiford Field localizer west course, ex after publication in which to submit tending from the Louisville, Ky. (Standiford justified that detailed operating proce Field), 5-mile radius zone to the intersec written data or views. An objection was tion of the Standiford Field localizer west received from Chester W. Lewis, owner dures for such special VFR traffic are required. course and the Nabb, Indiana VOR 206° of North Middleboro Air Park, and some radial, excluding the portion within the 30 pilots concurring in his objections. At Bowman Field during fiscal year 1968 Louisville, Ky. (Bowman Field), control zone. an informal meeting on January 20,1969, completed 287,454 operations of which with Mr. Lewis and representatives of 3. Amend § 71.181 of Part 71 of the only 7,900 were IFR. It is clear that the Federal Aviation Regulations so as to the pilots, the objections were with VFR character of Bowman Field is mani drawn. No other objections were re alter the Louisville, Ky., transition area fest and thus the impact on their dpera- by inserting in the description of the ceived. 700-foot floor transition area, following In view of the foregoing, the proposed tions due to the elimination of the spe cial VFR clearance would pose a severe the phrase “12 miles south of the OM”; regulations are hereby adopted effective the following, “within 2 miles each side 0901 G.m.t., May 1, 1969. hardship. It is opined that the remain of the Standiford Field localizer west (Sec. 307(a) Federal Aviation Act of 1958; ing two objections can be answered by course, extending from the 12-mile ra 72 Stat.x 749; 49 U.S.C. 1348, sec. 6 (c), DOT the fact that there are presently exist dius area to 8 miles west of the inter Act; 49 U.S.C. 1655(c)) ing detailed arrangements between the section of the Standiford Field localizer Issued in Jamaica, N.Y., on March 6, towers at both fields which assures a west course and the Nabb, Indiana VOR 1969. safe operation. 206° radial; within 5 miles south and 8 R . M . B row n, In view of the foregoing, the proposed miles north of the Standiford Field lo Acting Directort Eastern Region. regulations are hereby adopted effective calizer east course, extending from the Amend §71.181 of Part 71 of the Fed 0901 G.m.t., May 1,1969. 12-mile radius area to 12 miles east of eral Aviation Regulations so as to delete (Sec. 307(a), Federal Aviation Act of 1958; the LOM”. the description of the Taunton, Mass., 72 Stat. 749; 49 UJ3.C. 1348; sec. 6(c), DOT [F.R. Doc. 69-3185; Filed, Mar. 17, 1969; transition area and insert in lieu thereof: Act; 49 UJ3.C. 1655(c)) 8:45 a.m.]
FEDERAL REGISTER, VOL. 34, NO. 52— TUESDAY, MARCH 1«, 1969 RULES AND REGULATIONS 5329
Authorized PART T 41— STAMPS, ENVELOPES, Title 39— POSTAL SERVICE nonprofit All other AND POSTAL CARDS organiza- mailers Chapter 1—Post Office Department tions only Section 141.1 is amended as follows to (see § 134.5) show that the $1 airlift stamp may be MISCELLANEOUS AMENDMENTS used for paying postage or fees for spe TO CHAPTER (1) Books and catalogs 8 cents per 16 cents per having 24 or more bound pound or pound or cial services on air mail articles. pages with at least 22 fraction. fraction. The regulations of the Post Office De printed, seeds, cuttings, § 141.1 [Amended] partment are amended as hereinafter bulbs, roots, scions, and stated. plants (see § 134.3(a)). In § 141.1 Stamps (adhesive), make Minim um rate per piece the following changes: beginning: PART 124— NONMAILABLE MATTER July 1,1969- 1. In the tabular data in paragraph First 250,000 pieces 1.6 ...... (a) insert 3.8. “$1 airlift” opposite Airmail The following changes are made in - mailed July 1 to § 124.5 to reflect Public Law 90-590 which December 31,1969. postage, single or sheet, and under the Pieces in excess of 1.6 .4.0. column headed denominations and amended section 4005 of title 39, United 250.000 mailed during States Code, relating to false representa this period. pieces. tion sent through the mails. (See also January 1,1970— 2. Under paragraph (b) add new sub- First 260,000 pieces 1.6--— — -. 3.8. amendment to Part 151 herein.) mailed during calen paragraph (6) reading as follows: 1. The section caption and paragraph dar year. (6) The $1 airlift stamp may be used Pieces in excess of 1.6 ...... 4.0. (c) of § 124.5 are amended to read as 250.000 mailed during to pay the airlift fee on PAL parcels follows: calendar year. (see § 127.1(e)(1) (iv) of this chapter), (See subparagraph § 124.5 Lotteries, false representations, (4) below.) or it may be applied as payment, in libelous matter, and solicitations in (2) All matter, except the 11 cents per 22 cents per whole or in part, of the amount of the the guise of bills or statements of items in subparagraph pound or pound or (1), not included in the fraction. fraction. postage charges or fees for special serv account. first- or seeond-class ices on airmail articles. * * * * $ (see 134.3(a) for weight limit). Note: The corresponding Postal Manual (c) False representations. Anything M inim um rate per piece section is 141.126. beginning: mailed in pursuance of any scheme for July 1,1969- obtaining money or property of any kind First 250,000 pieces 1.6...... 3.8. mailed July 1 to PART 151— SERVICE IN POST OFFICES through the mail, by means of false December 31,1969. representations. Pieces in excess of 1.6 ...... 4.0. § 151.3 [Amended] 250.000 mailed during * * * * * this period. In § 151.3 Post office boxes, strike out January 1,1970— Note: The corresponding Postal Manual First 250,000 pieces 1.6 ...... 3.8. the word “fraudulent” appearing in the section is 124.53. mailed during calen first sentence of paragraph (h) (4). dar year. Pieces in excess of 1.6 ...... 4.0. Note: The corresponding Postal Manual 260.000 mailed during section is 151. 384. PART 125— MATTER MAILABLE calendar year. UNDER SPECIAL RULES (See subparagraph (5 TJ.S.C. 301, 39 U.S.O. 501, 4005, 4451-4453, (4) below.) 4560) Section 125.3(f) (4) is amended to show D avid A. N elson, new disposition of Form 3583, relating (3) If the total postage computed at the General Counsel. to mail shipments of meat or meat-food pound rates does not amount to the mini products. mum rate per piece or more, postage must [F.R. Doc. 69-3260; Filed, Mar. 17, 1969; be computed at the minimum charge per 8:49 a.m.] § 125.3 Perishable matter. piece. (See § 134.2(b) (2) (i).) ***** (4) When mailings are made at the mini (f) Meat and meat products. * * * mum per piece rates of 3.8 cents provided by subparagraphs (1) and (2) above, the mailer Title 41— PUBLIC CONTRACTS (4) Disposition of Form 3583. Copiesor his agent must show on each Form 3602, of Form 3583 with certificates 1, 2, or 3 Statement of Mailing Matter with Permit completed shall be mailed in a post of Imprints, or Form 3602-PC, Bulk Rate Mail AND PROPERTY MANAGEMENT fice penalty envelope to Director, Com ing Statement—Third Class Mail, that his Chapter 101— Federal Property pliance and Evaluation Staff, Consumer total mailings, including all those made at Management Regulations Protection Programs, Consumer and bulk pound rates and at minimum per piece Marketing Service, U.S. Department of rates, at all post offices, under any name, for SUBCHAPTER E— SUPPLY AND PROCUREMENT Agriculture, Washington, D.C. 20250. each current calendar year (last 6 months of 1969) , have not exceeded 250,000 pieces. It PART 101-26— PROCUREMENT ***** is the responsibility of the mailer or his SOURCES AND PROGRAMS Note: The corresponding Postal Manual agent to make available upon request of section is 125.364. postal officials whatever information is neces Notification of Vehicle Defects sary to show the payment of correct mini Part 101-26 is amended to continue in mum per piece rates on all mailings made effect the provisions of FPMR Temporary PART 134— THIRD CLASS during each calendar year. Postmasters must Regulation E -ll, dated March 21, 1968, Section 134.1(b) is amended as fol regularly review the records of mailings being which established procedures for provid lows to include instructions for applying made at the bulk third-class pound and ing manufacturers with information the new minimum per piece rates foi piece rates for the purpose of determining needed to furnish agencies with defect Dulk third-class mailings which will be from the identity of the mailer, the number notices concerning vehicles of their come effective July 1,1969. of pieces mailed, the character of the mail manufacture. In §134.1 Rates, insert the following ing pieces, or any other facts, whether the immediately after paragraph (b) (3) and correct minimum per piece rate is being paid. The table of contents for Part 101-26 Before paragraph (c) thereof: If any postmaster is in doubt as to whether is amended by adding § 101-26.501-8 to read as follows: Note. Effective July 1, 1969, paragraph the 250,000 limitation has been exceeded in ID) of this section will read as follows: a particular case, he shall submit all the 101-26.501-8 Notification of vehicle defects. § 134.1 Rates. facts to the Classification and Special Serv ices Division, Bureau of Operations. Subpart 101—26.5— GSA Procurement ***** Programs (b) Bulk rates. (See §§ 134.2 Note: The corresponding Postal Manual Section 101-26.501-8 is added to read and 134.4(b)). section is 134.12. as follows:
FEDERAL REGISTER, VOL. 34, NO. 52— TUESDAY, MARCH 18, 1969 No. 5; 2 5330 RULES AND REGULATIONS
§ 101—26.501—8 Notification of vehicle Kaiser Jeep Corp., 940 North Cove Boulevard, and reel. Trotlines, throw lines, and mul defects. Toledo, Ohio 43601. tiple set lines are not permitted. Section 113 of the National Traffic and (b) Agencies shall keep the General (2) The use of outboard motors and and Motor Vehicle Safety Act of 1966 (15 Services Administration, Federal Supply boats is permitted only on Lake Elmer U.S.C. 1402) requires every manufac Service, Procurement Operations Divi Thomas where the provisions of Part turer of motor vehicles to furnish notifi sion—FPNM, Washington, D.C. 20406, 28.10 of this title and those of the Okla cation of any defect in any motor vehicle informed of the current address locations homa Boat and Water Safety Act, as or equipment produced by such manufac of motor vehicles manufactured by con amended, govern. The use of boats or turer which he determines, in good faith, cerns other than those listed in this sec other floating devices on all other refuge relates to motor vehicle safety. The noti tion, including those manufactured by lakes is prohibited except the use of fication is sent by certified mail directly the General Motors Corp. other than the one-man inner tube type “fishing to the purchaser (where known to the Chevrolet Motor Division. floaters”; inner tubes and similar safety manufacturer) of such motor vehicle or (c) To preclude receipt of future de floats commonly used by swimmers are motor vehicle equipment, within a rea fect notices on vehicles reported to GSA not considered floating devices for pur sonable time after such manufacturer has for sale, the reporting installation shall poses of this regulation. discovered such defect. notify the manufacturer, or GSA with The provisions of this special regula (a) It is to the advantage of the Govrespect to vehicles manufactured by a tion supplement the regulations which ernment to be in a position to receive concern other than those listed in this govern fishing on wildlife refuge areas promptly and take corrective action on section, that the vehicle is being removed generally which are set forth in Title 50, motor vehicle defect notices thus avoid from Government service and that the Code of Federal Regulations, Part 33, and ing the possibility of accidents and loss address location for such vehicles should are effective through December 31, 1969. of life which could result from failure to be discontinued. J ulian A. H oward, receive safety defect notices. Timely re (Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c)) Refuge Manager, Wichita Moun ceipt of, and action on, defect notices tains Wildlife Refuge, Cache, can also result in avoidance of costly re Effective date. This regulation is effec Okla. pairs and nonavailability of vehicles tive upon publication in the F ederal M arch 1,1969. because of such repairs. Accordingly, R egister. agency heads or their authorized desig [F.R. Doc. 69-3230;' Filed, Mar. 17, 1969; nees shall notify manufacturers of the Dated: March 12,1969. 8:49 a.m.] exact address to which motor vehicle defect notices are to be sent. This noti J. E. M oody, fication shall be made on all 1966 or Acting Administrator PART 33— SPORT FISHING of General Services. later model vehicles received, whether by Washita National Wildlife Refuge, purchase, donation, seizure, or transfer. [F.R. Doc. 69-3221; Filed, Mar. 17, 1969; Okla. In the interest of uniformity, agencies 8:48 a.m.] shall use the following format for this The following special regulation is is purpose. sued and is effective on date of publica F ormat tion in the F ederal R egister. To: (Vehicle manufacturer.) * Title 50— WILDLIFE AND § 33.5 Special regulations; sport fishing; Information on the motor vehicles listed for individual wildlife refuge areas. is submitted to enable you to comply with section 113 of the National Traffic and Mo FISHERIES Oklahoma tor Vehicle Safety Act of 1966 (15 U.S.C. WASHITA NATIONAL WILDLIFE REFUGE 1402). Chapter I— Bureau of Sport Fisheries and Wildlife, Fish and Wildlife Address to which motor vehicle defect Sport fishing on the Washita National notices are to be sent: Service, Department of the Interior Wildlife Refuge, Okla., is permitted only on areas designated by signs as open to PART 33— SPORT FISHING fishing. These open areas, comprising 3,367 acres, are delineated on maps avail Complète manufac Wichita Mountains Wildlife Refuge, able at refuge headquarters, Butler, turer’s vehicle iden Okla. Okla., and from the Regional Director, tification serial Bureau of Sport Fisheries and Wildlife, Year Model number The following special regulation is is Post Office Box 1306, Albuquerque, sued and is effective on date of publica N. Mex. 87103. Sport fishing shall be in tion in the F ederal R egister. accordance with all applicable State GSA contract num § 33.5 Special regulations, sport fishing, regulations subject to the following spe ber if available for individual wildlife refuge areas. cial conditions;. (GSA contract num (1) The open season for sport fishing ber shown on inspec Oklahoma tion label on instru on the refuge extends from April 1 ment panel—GSA Other identifying WICHITA MOUNTAINS WILDLIFE REFUGE through October 15, 1969, inclusive, Form 1398) information (2) Seining is prohibited in all refuge Sport fishing on the Wichita Moun waters. tains Wildlife Refuge, Cache, Okla., is (3) The use of boats and motors is per permitted from January 1 through De mitted only south of State Highway 33, ♦Addresses of manufacturers. cember 31, 1969, inclusive, in all waters provided that boats may not exceed of that portion of the refuge open for American Motors Corp., Fleet Sales Depart speeds of 10 miles per hour. ment, 14250 Plymouth Road, Detroit, Mich. recreational uses by the general public. The provisions of this special regula 48232. These open waters, comprising 550 acres tion supplement the regulations which Ownercard Coordinator, Ford Division, Ford of lakes and 1 mile of intermittent govern fishing on wildlife refuge areas Motor Co., Post Office Box 428, Dearborn, stream, are delineated on maps available generally which are set forth in Title 50, Mich. 48121. at refuge headquarters, Cache, Okla. Code of Federal Regulations, Part 33, and International Harvester Co., Suite 900, 1707 73527, and from the Regional Director, are effective through October 15, 1969. L Street NW., Washington, D.C. 20036. Bureau of Sport Fisheries and Wildlife, Field Service and Engineering, Chrysler Post Office Box 1306, Albuquerque, LeM oyne B. M arlatt, Motors Corp., Government Sales Depart N. Mex. 87103. Sport fishing shall be in Refuge Manager, Washita Na ment, Post Office Box 857, Detroit, Mich. accordance with all applicable State tional Wildlife Refuge, Butler, 48231. Okla. Chevrolet Motor Division, Chevrolet Service regulations subject to the following spe Department, Argonaut A Building, 485 cial conditions: March 5, 1969. West Milwaukee Avenue, Detroit, Mich. (1) Fishing will be with closely at[F.R. Doc. 69-3231; Filed, Mar. 17, 1969: 48202. tended pole and line only, including rod 8:49 a.m.]
FEDERAL REGISTER, VOL. 34, NO. 52— TUESDAY, MARCH 18, 1969 5331 Proposed Rule Making
of the standards which could be im The change in the minimum diameter DEPARTMENT OF AGRICULTURE proved upon. for “Midget” pieces, from five sixty- Based upon the information obtained fourths to one-sixteenth inch was made Consumer and Marketing Service from the sample analyses and recom at the request of the industry. It returns [ 7 CFR Part 51 ] mendations made by the industry, the this requirement to that in effect prior standards for shelled pecans were to the March 1968 amendment of the SHELLED PECANS changed considerably and are being pre standards which also was requested by sented as a proposed revision for con the industry. Standards for Grades 1 sideration by interested parties. The re The pecan grading chart presently at Notice is hereby given that the U.S. vised specifications are believed to be tached to the standards would be dis Department of Agriculture is consider readily adaptable to the qualities and continued. Supplies are nearly exhausted, ing a revision of the U.S. Standards for sizes of pecan kernels being offered for and the quality of the chart is not Grades of Shelled Pecans (7 CFR sale. deemed worthy of reproduction. The 51.1430-51.1453). These grade standards A change in the format of the grades grading chart would be replaced by Fig are issued under authority of the Agri is proposed with the intent of making ure 1 illustrating grade requirements for cultural Marketing Act of 1946 (60 Stat. them more concise and easier to read. kernel development, and by reference to 1087, as amended; 7 U.S.C. 1621-1627), The more important specific changes models illustrating the intensity of color which provides for the issuance of offi proposed are as follows: intended for each of four color classifi cial US. grades to designate different Two new grades would be added. They cations. Definitions of these four color levels of quality for the voluntary use of are “UJS. No. 1 Halves and Pieces” and classifications would be added. producers, buyers, and consumers. Offi ‘‘U.S. Commercial Halves and Pieces.” It Some changes in definitions would be cial grading services are also provided was observed during the survey that some made, notably the addition of definitions under this act upon request of any finan lots of pecan kernels consisting predom of degrees of development and intensities cially interested party and upon pay inantly of halves could not qualify for of skin color. The definitions of “damage” ment of a fee to cover the cost of such the “Halves” grade because of the pres and “serious damage” caused by adhering services. ence of large percentage of pieces. The material would be made more liberal, in All persons who desire to submit writ “Halves and Pieces” grades are proposed keeping with the nature of the defect in ten data, views, or arguments for con as classifications to more accurately de scribe pecans of this size range. comparison with other defects. sideration in connection with the pro A “Metric Conversion Table” would be posal should file the same in duplicate, The size classifications for halves grades would be changed by deletion of added to enable persons to translate into not later than April 15, 1969, with the millimeters those grade requirements Hearing Clerk, U.S. Department of Agri the two classes,' “Large Amber” and “Regular Amber,” which descriptions which are specified in terms of fractional culture, Room 112, Administration Build parts of inches. ing, Washington, D.C. 20250, where they can be expressed by the terms “Com will be available for public review during mercial Extra Large” and “Commercial The proposed standards as revised are official hours of business (7 CFR 1.27 Large” respectively. A class called as follows: “Midget” would be added to describe lots Grades (b)). Sec. Statement of considerations leading to of very small seedling halves counting in 51.1430 U.S. No. 1 Halves. the proposed revision of the grade stand excess of 750 per pound. 51.1431 U.S. No. 1 Halves and Pieces. ards. The U.S. Standards for Shelled The size classifications for pieces 51.1432 U.S. No. 1 Pieces. Pecans were last revised in 1952, and a grades would be changed extensively on 51.1433 U.S. Commercial Halves. minor amendment made in March of the basis of current practices and ca 51.1434 U.S. Commercial Halves and Pieces. 1968. Since that time, gradual changes pabilities of the industry. A “Mammoth 51.1435 U.S. Commercial Pieces. have occurred in both pecan production Pieces” class would be added to describe Color Classifications the largest sizes being marketed. Also, a and shelling techniques. The shelling in 51.1436 Color classifications. dustry has been able very materially class called “Granules” would be added to improve the quality of the product to describe the smallest sizes being mar Size Classifications marketed, and the standards are no keted. The two classes, “Regular Amber” 51.1437 Size classifications for halves. longer in line with the higher qualities and “Small Amber” would be deleted, 51.1438 Size requirements for pieces. which descriptions can be expressed by available. In 1966 the National Pecan T olerances for Defects Shelters’ and Processors’ Association for the terms “Commercial Medium Size” mally requested the Department to take and “Commercial Small” respectively. 51.1439 Tolerances for defects. action toward revision and up-dating of The range in size of pieces in the Application of Standards the standards. “Extra Large,” “Medium,” “Small,” and 51.1440 Application of standards. A detailed analysis of samples from “Midget” classes would be changed by lowering the minimum diameter require Definitions commercial lots of shelled pecans during ment slightly. These changes are based 51.1441 Half-kernel. the winter of 1967-68 produced abundant on numerous observations of the size 51.1442 Piece. evidence of the need for a grade revi range of pieces in commercial lots. The 51.1443 Particles and dust. sion. Generally speaking, the present problem of “override” on the screens, due 51.1444 Well dried. to the elongated and irregular shape of 51.1445 Fairly well developed. standards permit levels of quality con 51.1446 Poorly developed. siderably below those which are being many pecan pieces, usually results in 51.1447 Fairly uniform in color. large percentages of pieces in a lot which offered to the buyers. Also, the survey 51.1448 Fairly uniform in size. fail to pass through the screen intended 51.1449 Damage. drew attention to a number of provisions to remove the undersize. The new size 51.1450 Serious damage. ranges would compensate for this prob Metric Conversion T able of the product in conformity lem of screening, although it is assumed Rvion th? requirements of these standards that shelters would use screens with 51.1451 Metric conversion table. __ , ^°t excuse failure to comply with the slightly larger openings than those spec Authority : The provisions of this subpart E M * ? of the Federal Food, Drug, and issued under secs. 203, 60 Stat. 1087, as or w^th applicable State laws ified, in order to maintain the approx amended; 1090 as amended; 7 U.S.C. 1622, and regulations. imate size ranges presently being made. 1624.
FEDERAL REGISTER, V O L 34, NO. 52— TUESDAY, MARCH 18, 1969 5332 PROPOSED RULE MAKING
G rades § 51.1435 U.S. Commercial Pieces. (a) The number of halves per pound shall be based upon the weight of half- § 51.1430 U.S. No. 1 Halves. The requirements for this grade are the same as those for U.S. No. 1 Pieces kernels after all pieces, particles and “UJ3. No. 1 Halves” consists of pecan except for: dust, shell, center wall, and foreign half-kernels which meet the following (a) Increased tolerances for defects. material have been removed. requirements: (See § 51.1439.) (b) In lieu of the size classifications in (a) For quality: Table I, the size of pecan halves in a lot (1) Well dried; Color Classifications may be specified in terms of the number (2) Fairly well developed ; § 51.1436 Color classifications. of halves or a range of numbers of halves (3) Fairly uniform in color; per pound. For example, “400” or “600- (4) Not darker than “amber” skin (a) The skin color of pecan kernels may be described in terms of the color 700”. color; (c) Tolerance for count per pound: In (5) Free from damage or serious dam classifications provided in this section. age by any cause; When the color of kernels in a lot gen order to allow for variations incident to (6) Free from pieces of shell, center erally conforms to the “light” or “light proper sizing, a tolerance shall be per wall and foreign material; and, amber” classification, that color classifi mitted as follows: (7) Comply with tolerances for defects cation may be used to describe the lot (1) When an exact number of halves (see § 51.1439) ; and, in connection with the grade. per pound is specified, the actual count (b) For size: (1) “Light” means that the kernel is per pound may vary not more than 5 (1) Halves are fairly uniform in size; mostly golden color or lighter, with not more than 25 percent of the surface percent from the specified number; and, (2) Halves conform to size classifica (2) When any size classification shown tion or count specified; and, darker than golden, and none of the sur (3) Comply with tolerances for pieces, face darker than light brown. in Table I or a range in count per pound particles, and dust (see § 51.1437). (2) “Light amber” means that the is specified, no tolerance shall be allowed kernel has more than 25 percent of its for counts outside of the specified range. § 51.1431 U.S. No. 1 Halves and Pieces. surface light brown, but not more than (1) Tolerances for pieces, particles, The requirements for this grade are 25 percent of the surface darker than and dust. In order to allow for variations the same as those for U.S. No. 1 Halves light brown, and none of the surface incident to proper sizing and handling, except: darker than medium brown. (a) For size: (3) “Amber” means that the kernel not more than 15 percent, by weight, of (1) At least 50 percent, by weight, are has more than 25 percent of the surface any lot may consist of pieces, particles, half-kernels; medium brown, but not more than 25 and dust: Provided, That not more than (2) Both halves and pieces will not percent of the surface darker than one-third of this amount, or 5 percent, pass through a %6-inch round opening; medium brown, and none of the surface shall be allowed for portions less than and, darker than dark brown (very dark- one-half of a complete half-kernel, in ( 3 ) Comply with tolerances for under brown or blackish-brown discoloration). cluding not more than 1 percent for size. (See Table HE.) (4) “Dark amber” means that the ker particles and dust. § 51.1432 U.S. No. 1 Pieces. nel has more than 25 percent of the sur face dark brown, but not more than 25 § 51.1438 Size requirements for pieces. The requirements for this grade are percent of the surface darker than dark the same as those for U.S. No. 1 Halves brown (very dark-brown or blackish- The size of pecan pieces in a lot may be except: brown discoloration). specified in accordance with one of the (a) For quality: (b) U.S. Department of Agriculture size classifications shown in Table H. (1) No requirement for uniformity ofkernel color standards, PEC-MC-1, con color; and, sisting of plastic models of pecan kernels, Table II (b) For size: illustrate the color intensities implied by (1) No requirement for percentage of Maximum di Minimum di the terms “golden,” “light brown,” ameter (will pass ameter (will half-kernels; “medium brown,” and “dark brown” re Size classification through round not pass (2) Conform to any size classification ferred to in paragraph (a) of this sec opening of follow- through round ■ ing diameter) opening of or other size description specified; and, tion. These color standards may be following di (3) Comply with applicable tolerances examined in the Fruit and Vegetable-Di ameter) for off-size. (See Table in.) vision, C&MS, U.S. Department of Agri culture, South Building, Washington, Inch § 51.1433 U.S. Commercial Halves. Mammoth pieces__ No limitation...... M« D.C. 20250; in any field office of the Extra large pieces_ Me inch...... Me The requirements for this grade are Fresh Fruit and Vegetable Inspection Halves and "pieces.. No limitation...... Me the same as those for U.S. No. 1 Halves Service; or upon request of any author Large pieces...... Me inch...... M« Medium pieces___ Me inch...... Me except : ized inspector of such Service. Duplicates Small pieces...... Me inch...... M« Midget pieces...... Me inch...... Me (a) For quality: of the color standards may be purchased Me (1) No requirement for uniformity of from NASCO, Fort Atkinson, Wis. 53538. Granules...... Me inch...... *__ color; and, S ize Classifications (2) Increased tolerances for defects (a) In lieu of the size classifications in (see § 51.1439) ; and, § 51.1437 Size classifications for halves. Table II, the size of pieces in a lot may (b) For size: The size of pecan halves in a lot may be specified in terms of minimum diam (1) No requirement for uniformity of be specified in accordance with one of the eter, or as a range described in terms of size. size classifications shown in Table I: minimum and maximum diameters ex § 51.1434 U.S. Commercial Halves and Tabu: I pressed in sixteenths or sixty-fourths of Pieces. Number of Size classifications halves per an inch. The requirements for this grade are for halves pound (b) Tolerances for size of pieces: In the same as those for U.S. No. 1 Halves M am m oth______250 or less. order to allow for variations incident to and Pieces except: Junior mammoth______251-300. J u m b o ______301-350. proper sizing, tolerances are provided for (a) For quality: Extra large______351-450. pieces in a lot which fail to meet the (1) No requirement for uniformity of L a r g e ------451-550. requirements of any size specified. The color; and, M edium ______551-650. (2) Increased tolerances for defects. Small (topper)______651-750. tolerances, by weight, are shown in Table (See § 51.1439.) M id get------...------■;_____ 751 or more. HI.
FEDERAL REGISTER, VOL. 34, NO. 52— TUESDAY, MARCH 18, 1969 PROPOSED RULE MAKING 5333
Table III original volume missing, exclusive of the proportion to its width and length. (See portion which formerly connected the Figure I.) Tolerance (Included two halves of the kernel. Total tol- In total tolerance) § 51.1447 Fairly uniform in color. Sire classification erance for for pieces smaller § 51.1442 Piece. ofisize than "Fairly uniform in color” means that pieces ------— “Piece” means a portion of a kernel 90 percent or more of the kernels in the fie inch M« inch which is less than seven-eighths of a lot have skin color within the range of half-kernel, but which will not pass one or two color classifications. Percent Percent Percent through a round opening two-sixteenths Mammoth pieces... 15 1 ...... § 51.1448 Fairly uniform in size. Extra large pieces... 15 * 1 ...... inch in diameter. Halves and pieces.. 15 1 ...... Large pieces!...... 15 1 ...... *4 §51.1443 Particles and dust. “Fairly uniform in size” means that, Medium pieces.. ... 15 2 ...... in a representative sample of 100 halves, Small pieces------15 2 ...... “Particles and dust” means, for all size the 10 smallest halves weigh not less Midget pieces...... 15...... 2 designations except “midget pieces” and Granules______15___...... 5 than one-half as much as the 10 largest Other specified size. 15 1 ...... “granules,” fragments of kernels which halves. will pass through a round opening two- § 51.1449 Damage. T olerances for D efects sixteenths inch in diameter. § 51.1439 Tolerances for defects. § 51.1444 Well dried. “Damage” means any specific defect “Well dried” means that the portion of described in this section; or an equally In order to allow for variations inci objectionable variation of any one of dent to proper grading and handling in kernel is firm and crisp, not pliable or leathery. these defects, or any other defect, or any each of the foregoing grades, the follow combination of defects, which materially ing tolerances, by weight, are provided § 51.1445 Fairly well developed, detracts from the appearance or the as specified: “Fairly well developed” means that the edible or marketing quality of the indi (a) U.S. No. 1 Halves, U.S. No. 1 Halves vidual portion of the kernel or of the lot and Pieces, and U S. No. 1 Pieces grades: kernel has at least a moderate amount of meat in proportion to its width and as a whole. The following defects should (1) 0.05 percent for shell, center wall, be considered as damage: length. (See Figure I.) and foreign material; (a) Adhering material from inside the (2) 3 percent for portions of kernels § 51.1446 Poorly developed. which are “dark amber” or darker color, shell when attached to more than one- or darker than any specified lighter color “Poorly developed” means that the fourth of the surface on one side of the classification but which are not other kernel has a small amount of meat in half-kernel or piece; wise defective; and, <3) 3 percent for portions of kernels which fail to meet the remaining re Figure 1 quirements of the grade, including there in not more than 0.50 percent for defects causing serious damage: Provided, That any unused portion of this tolerance may CROSS SECTION ILLUSTRATION be applied to increase the tolerance for kernels which are “dark amber” or darker color, or darker than any specified lighter color classification. (b) U.S. Commercial Halves, U.S. Com mercial Halves and Pieces, and U.S. Com mercial Pieces grades: (1) 0.15 percent for shell, center wall, and foreign material; 1. WELL DEVELOPED (2) 25 percent for portions of kernels which are “dark amber” or darker color, Lower lim it. Kernels having less meat content or darker than any specified lighter color classification, but which are not other than these are not considered well developed. wise defective; and, (3) 8 percent for portions of kernels which fail to meet the remaining re quirements of the grade, including there in not more than 1 percent for defects causing serious damage. Application of S tandards 2 . FAIRLY WELL DEVELOPED § 51.1440 Application of standards. The grade of a lot of shelled pecans shall be determined on the basis of a Lower lim it fo r U. S. No. 1 grade. Kernels having composite sample drawn at random from less me^t content than these are not considered containers in various locations in the lot. fairly well developed and are classed as damaged. However, any identifiable container or number of containers in which the pe cans are obviously of a quality or size materially different from that in the ma ------jority of containers, shall be considered ^ I ~ r* I I 1 as a separate lot, and shall be sampled and graded separately. 3. POORLY DEVELOPED D efinitio ns § 51.1441 Half-kernel. Lower lim it, damaged, but not seriously damaged. Half-kernel” means one of the sepa- Kernels having less meat content than these are ated halves of an entire pecan kernel considered undeveloped and are classed as seri with not more than one-eighth of its ously damaged.
FEDERAL REGISTER, VOL. 34, NO. 52— TUESDAY, MARCH 18, 1969 5334 PROPOSED RULE MAKING
FEDERAL REGISTER, VOL. 34, NO. 52— TUESDAY, MARCH 18, 1969 5336 PROPOSED RULE MAKING cilities and services necessary to promot Sandspit radio range, and which termi Chief, Air Traffic Branch, Federal Avia ing the safe, orderly, and expeditious nate at the intersecting points midway tion Administration, Post Office Box flow of civil air traffic. Its purpose is to between Middleton Island and Sandspit, 20636, Atlanta, Ga. 30320. All communi insure that civil flying on international excluding the portion within Canada, cations received within 30 days after air routes is carried out under uniform and the airspace below 2,000 feet MSL publication of this notice in the F ederal conditions designed to improve the outside the United States. R egister will be considered before action safety and efficiency of air operations. 2. Redesignate low altitude reporting is taken on the proposed amendment. No The International Standards and Rec points as follows: hearing is contemplated at this time, but ommended Practices in Annex 11 apply a. Carp Intersection—Intersection of arrangements for informal conferences in those parts of the airspace under the the Sandspit radio range 314° T (288° with Federal Aviation Administration jurisdiction of a contracting state, de M) bearing and the southwest course officials may be made by contacting the rived from ICAO, wherein air traffic serv Sitka, Alaska, radio range. Chief, Air Traffic Branch. Any data, ices are provided and also whenever a b. Shrimp Intersection—Intersection views, or arguments presented during contracting state accepts the responsibil of the Middleton Island radio beacon such conferences must also be submitted ity of providing air traffic services over 122° T (096° M) bearing and the south in writing in accordance with this notice high seas or in airspace of undetermined west course Gustavus, Alaska, radio in order to become part of the record for sovereignty. A contracting state accept range. . consideration. The proposal contained in ing such responsibility may apply the c. Porpoise Intersection—Intersection this notice may be changed in the light of International Standards and Recom of the Middleton Island radio beacon comments received. mended Practices to civil aircraft in a 122° T (096° M) bearing and the south The official docket will be available for manner consistent with that adopted for west course Yakutat, Alaska, radio range. examination by interested persons at the airspace under its domestic jursidiction. d. Halibut Intersection—Intersection Southern Regional Office, Federal Avia In accordance with Article 3 of the Con of the Sandspit radio range 314° T (288° tion Administration, Room 724, 3400 vention on International Civil Aviation, M) bearing and the southwest course Whipple Street, East Point, Ga. Chicago, 1944, State aircraft are exempt Annette Island, Alaska, radio range. The Columbus (Lawson AAF) control from the provisions of Annex 11 and its 3. Redesignate high altitude reporting zone described in § 71.171 (34 F.R. 4557) Standards and Recommended Practices. points as follows: would be redesignated as: As a contracting state, the United States a. Carp Intersection—Intersection of the Sandspit radio range 314° T (288° Within a 5-mile radius of Lawson AAF (lat. agreed by Article 3(d) that its State air 32°20'20'' N„ long. 84°59'35" W.); within 2 craft will be operated in international M) bearing and the Biorka Island, miles each side of the 213° bearing from the airspace with due degard for the safety Alaska, VORTAC 207° T (179° M) radial. Lawson RBN, extending from the 5-mile of civil aircraft. b. Porpoise Intersection—Intersection radius zone to 8 miles southwest of the RBN; Since this action involves, in part, the of the Middleton Island radio beacon within 2 miles each side of the Lawson VOR 122° T (096° M) bearing and Yakutat 3390 radial, extending from the 5-mile radius designation of navigable airspace outside VORTAC 215° T (186° M) radial. zone to 1 mile south of the Columbus LOM, the United States, the Administrator has excluding the portion within R-3002A. consulted with the Secretary of State The realignment of Control Area 1310 and the Secretary of Defense in accord by use of the Middleton Island radio The Columbus transition area de ance with the provisions of Executive beacon will permit the retention of a scribed in § 71.181 (34 F.R. 4637) would lower minimum en route altitude. The be redesignated as: Order 10854. redesignation of the low and high alti Interested persons may participate in tude reporting points will adjust them to That airspace extending upward from 700 the proposed rule making by submitting the proposed centerline of Control 1310. feet above the surface within an 8-mile ra such written data, views, or arguments dius of Muscogee County Airport (lat. 32 °- These amendments are proposed under 30'55" N., long. 84°56'25" W.); within a as they may desire. Communications the authority of sections 307(a) and 1110 9-mile radius of Lawson AAF (lat. 32°20'20" should identify the airspace docket num of the Federal Aviation Act of 1958 (49 N., long. 84°59'35'' W.); within 8 miles south ber and be submitted in triplicate to the U.S.C. 1348 and 1510) and Executive west and 5 miles northeast of the Lawson ILS Director, Alaskan Region, Attention: localizer southeast course, extending from Chief, Air Traffic Division, Federal Avia Order 10854 (24 F.R. 9565), and section the 9-mile radius area to 12 miles southeast tion Administration, 632 Sixth Avenue, 6(c) of the Department of Transporta of the Louvale RBN; within 8 miles south Anchorage, Alaska 99501. All communi tion Act (49 U.S.C. 1655(c)). west and 5 miles northeast of the Columbus cations received within 30 days after Issued in Washington, D.C. on VORTAC 149° and 329° radials, extending from the 8-m ile and 9-m ile radius areas to publication of this notice in the F ederal March 10, 1969. 12 miles northwest of the VORTAC, exclud R egister will be considered before action H. B, H elstrom, ing the portion within R-3002A. is taken on the proposed amendment. Chief, Airspace and Air The proposal contained in this notice Since the last alteration of controlled may be changed in the light of comments Traffic Rules Division. airspace in the Columbus terminal com received. [F.R. DOC. 69-3186; Filed, Mar. 17, 1969; plex, turbojet aircraft have begun utiliz An official docket will be available for 8:4.6 a.m.] ing Muscogee County Airport. Criteria examination by interested persons at the appropriate to this airport requires an Federal Aviation Administration, Office increase in the 700-foot transition area of the General Counsel, Attention: Rules [ 14 CFR Part 71 1 basic radius circle from 7 to 8 miles. Ad Docket, 800 Independence Avenue SW., [Airspace Docket No. 69-SO-21] ditionally, application of Terminal In Washington, D.C. 20590. An informal strument Procedures (TERPs) and docket will also be available for exami CONTROL ZONE AND TRANSITION alterations to the instrument approach nation at the office of the Regional Air AREA procedures to airports in the Columbus terminal area require alterations of the Traffic Division Chief. Proposed Alteration The Federal Aviation Administration control zone and transition area. The proposes the following airspace actions: The Federal Aviation Administration proposed alterations will provide ade is considering an amendment to Part 71 quate controlled airspace protection for 1. Redesignate Control Area 1310 segof the Federal Aviation Regulations that aircraft during climb to 1,200 feet above ment from Middleton Island, Alaska, would alter the Columbus, Ga. (Lawson the surface and during descent below radio beacon 16 miles each side of a line AAF), control zone and the Columbus, 1,500 feet above the surface. direct to the Sandspit, British Columbia, Ga., transition area. Canada, radio range, including the air This amendment is proposed under the space between lines diverging at 5° Interested persons may submit such authority of section 307(a) of the Fed written data, views, or arguments as they eral Aviation Act of 1958 (49 U.S.C. angles from the centerline, extending may desire. Communications should be 1348(a)) and of section 6(c) of the De southeast from the Middleton Island submitted in triplicate to the Area Man partment of Transportation Act (49 radio beacon and northwest from the ager, Atlanta Area Office, Attention: tr.S.C. 1655(c)),
FEDERAL REGISTER, VOL. 34, NO. 52— TUESDAY, MARCH 18, 1969 PROPOSED RULE MAKING 5337
Issued in East Point, Ga., on March 7, (005° magnetic) bearing from the ecuting approach/departure procedures 1969. Graham RBN. proposed at the Del Rentzel Airport, G ordon A. W illiam s, Jr., This amendment is proposed under the Nacogdoches, Tex. The southerly exten Acting Director, Southern Region. authority of section 307(a) of the Fed sion to the proposed transition area is based on the Lufkin VORTAC 001° true [F.R. Doc. 69-3187; Filed, Mar. 17, 1969; eral Aviation Act of 1958 (49 U.S.C. 1348) 8:46 ajn.] and of section 6(c) of the Department of (353° magnetic) radial; the northerly Transportation Act (49 U.S.C. 1655(c)). extension is based on the 343° true (335° magnetic) bearing from the proposed Issued in Fort Worth, Tex., on March Nacogdoches RBN. [ 14 CFR Part 71 1 6, 1969. This amendment is proposed under the [Airspace Docket No. 69-SW—7] A. L. C oulter, authority of section 307(a) of the Fed Acting Director, Southwest Region. eral Aviation Act of 1958 (49 U.S.C. 1348) TRANSITION AREA [F.R. Doc.. 69-3188; Filed, Mar. 17, 1969; and of section 6(c) of the Department of Proposed Designation 8:46 a.m.] Transportation Act (49 U.S.C. 1655(c) ). The Federal Aviation Administration Issued in Fort Worth, Tex., on March 6, is considering amending Part 71 of the [ 14 CFR Part 71 1 1969. Federal Aviation Regulations to desig A. L. Coulter, nate a transition area at Graham, Tex. [Airspace Docket No. 69—SW—8] Acting Director, Southwest Region. The proposed transition area is identical TRANSITION AREA ‘ [F.R. Doc. 69-3189; Filed, March 17, 1969; to the Graham, Tex., transition area 8:46 a.m.] which was designated in 1968 and was Proposed Designation later revoked when the sponsor elected The Federal Aviation Administration [ 14 CFR Part 71 1 to operate the non-Federal RBN as a is considering amending Part 71 of the VFR aid only. Federal Aviation Regulations .to desig [Airspace Docket No. 69-SO-24] Interested persons may submit such nate a 700-foot transition area at Na written data, views, or arguments as they cogdoches, Tex. TRANSITION AREA may desire. Communication should be Interested persons may submit such submitted in triplicate to the Chief, Air written data, views, or arguments as they Proposed Designation Traffic Division, Southwest Region, Fed may desire. Communications should be The Federal Aviation Administration eral Aviation Administration, Post Office submitted in triplicate to the Chief, Air is considering an amendment to Part 71 Box 1689, Fort Worth, Tex. 76101. All Traffic Division, Southwest Region, Fed of the Federal Aviation Regulations that communications received within 30 days eral Aviation Administration, Post Of would designate the Marion, S.C., transi after publication of this notice in the fice Box 1689, Fort Worth, Tex. 76101. tion area. F ederal R egister will be considered be All communications received within 30 Interested persons may submit such fore action is taken on the proposed days after publication of this notice in written data, views, or arguments as they amendment. No public hearing is con the F ederal R egister •will be. considered may desire. Communications should be templated at this time, but arrangements before action is taken on the proposed submitted in triplicate to the Area Man for informal conferences with Federal amendment. No public hearing is con ager, Atlanta Area Office, Attention: Aviation Administration officials may be templated at this time, but arrangements Chief, Air Traffic Branch, Federal Avia made by contacting the Chief, Air Traf for informal conferences with Federal tion Administration, Post Office Box fic Division. Any data, views, or argu Aviation Administration officials may be 20636, Atlanta, Ga. 30320. All communi ments presented during such conferences made by contacting the Chief, Air Traffic cations received within 30 days after must also be submitted in writing in ac Division. Any data, views, or arguments cordance with this notice in order to publication of this notice in the F ederal presented during such conferences must R egister will be considered before action become part of the record for considera also be submitted in writing in accord is taken on the proposed amendment. No tion. The proposal contained in this ance with this notice in order to become hearing is contemplated at this time, but notice may be changed in the light of part of the record for consideration. The arrangements for informal conferences comments received. proposal contained in this notice may be with Federal Aviation Administration The official docket will be available for changed in the light of comments officials may be made by contacting the examination by interested persons at the received. Chief, Air Traffic Branch. Any data, Office of the Regional Counsel, Southwest The official docket will be available for views, or arguments presented during Region, Federal Aviation Administration, examination by interested persons at the such conferences must also be submitted Fort Worth, Tex. An informal docket Office of the Regional Counsel, South in writing in accordance with this notice will also be available for examination at west Region, Federal Aviation Admin in order to become part of the record for the Office of the Chief, Air Traffic istration, Fort Worth, Tex. An informal consideration. The proposal contained in Division. docket will also be available for exami this notice may be changed in the light It is proposed to amend Part 71 of the nation at the Office of the Chief, Air of comments received. Federal Aviation Regulations as herein Traffic Division. The official docket will be available for after set forth. It is proposed to amend Part 71 of the examination by interested persons at the . In § 71.181 (34 F.R. 4637), the follow Federal Aviation Regulations as herein Southern Regional Office, Federal Avia ing transition area is added: after set forth. tion Administration, Room 724, 3400 Graham, T ex. In § 71.181 (34 F.R. 4637), the following Whipple Street, East Point, Ga. transition area is added : That airspace extending upward from 700 The Marion transition area would be feet above the surface within a 6-mile radius Nacogdoches, Tex. designated as: or Graham Municipal Airport (lat. 33°06'20" That airspace extending upward from 700 That airspace extending upward from 700 N., long. 98°33'10'' W.), and within 2 miles feet above the surface within a 5-mile radius each side of the 014° bearing from the of Del Rentzel Airport (lat. 31°34'35'' N„ long. feet above the surface within a 6-mile radius Graham RBN (lat. 33°07'48'' N, long. 94°42'25" W.), within 2 miles each side of of Marion County Airport; within 2 miles 98 32'59" W.) extending from the 5-mile the Lufkin VORTAC 001° radial extending each side of the Florence VORTAC 100° ra radius area to 8 miles north of the RBN. from the 5-mile radius area to 17 miles north dial, extending from the 6-mile radius area to the Florence 8-mile radius area. The proposed transition area will pro of the VORTAC, and w ithin 2 m iles each side of the 343° bearing from the Nacogdoches The proposed transition area is re vide controlled airspace for aircraft exe RBN (lat. 31°38'01'' N., long. 94°44'01'' W.) cuting approach/departure procedures quired for the protection of IFR opera extending from the 5-mile radius area to 8 tions at Marion County Airport. A pre Proposed at Graham Municipal Airport, miles north of the RBN. scribed instrument approach procedure Graham, Tex. The proposed transition The proposed transition area will pro to this airport, utilizing the Florence area extension is based on the 014° true vide airspace protection for aircraft ex VORTAC, is proposed in conjunction
No. 52- FEDERAL REGISTER, VOL. 34, NO. 52— TUESDAY, MARCH 18, 1969 5338 PROPOSED RULE MAKING with the designation of this transition After these written comments have tion of such a loan plan by its board of area. been received and evaluated, it will then directors, make or purchase: This amendment is proposed under the be determined if Docket No. FRA-PB-1 (a) Any unsecured loans at least 20 authority of section 307(a) of the Fed will be consolidated with Docket No. percent of which is guaranteed under eral Aviation Act of 1958 (49 U.S.C. 1348 FRA-PB-3. If consolidation is feasible, a the provisions of the Servicemen’s Read (a)) and of section 6(c) of the Depart proposed rule encompassing a general justment Act of 1944, or chapter 37 of ment of Transportation Act (49 U.S.C. revision will be prepared and published title 38, United States Code, as now or 1655(c)). for comment. As required by statute, hereafter amended; provision will also be made for an oral (b) Simple-interest, discount, or gross- Issued in East Point, Ga., on March 7, hearing. charge loans for the repair, alteration, or 1969. If consolidation is not feasible, a series improvement, of any real property, G ordon A. W illiams, Jr., Acting Director, Southern Region. of rule-making proceedings dealing with including the construction thereon of various provisions of Part 232, as well new structures related to the residential [F.R. Doc. 69-3190; Filed, Max. 17, 1969; as Docket No. FRA-PB-1, will be pub use of the property, or equipping of any 8:46 a.m.] lished for comment. As required by real property, without the security of a statute, hearings will be held. lien upon such property: Provided, That: Written submissions and the submis (1) The net proceeds of any such loan sions made at the hearings will be con do not exceed $5,000; FEDERAL RAILROAD sidered in determining what, if any, (2) The property is located in such changes should be made in Part 232. All association’s regular lending area as ADMINISTRATION submissions, including those made at the defined in § 549*6-6; hearings, will be available for examina (3) Each such loan is evidenced by [ 49 CFR Part 232 1 tion by interested persons at any time one or more negotiable notes, bonds, or [Docket No. FRA-PB-1, etc.] within normal working hours in the Of other written evidences of debt; fice of Public Affairs, Room 206, Federal (4) , The resulting aggregate amount of POWER OR TRAIN BRAKES SAFETY Railroad Administration, 400 Sixth all such loans does not exceed an amount APPLIANCE ACT OF 1958 Street SW., Washington, D.C. 20591. equal to 20 percent of such association’s assets; Notice of Proposed Rule Making This rule-making proceeding is insti tuted under the authority of 45 United (5) Each sucn loan is repayable in By notices published in the F ederal States Code, section 9. regular monthly installments within a R egister on February 11, 1969 (34 F.R. Issued in Washington, D.C., on period of 8 years; And provided further, 1957 and 1958) the Federal Railroad March 11, 1969. That any such loan that is accepted for Administration announced that it cur insurance under the provisions of the rently had under study the rules, stand J ames H . M acAn an n y , National Housing Act, as now or here ards, and instructions adopted and Acting Administrator, after amended, or for insurance or guar prescribed by the Interstate Commerce Federal Railroad Administration. antee under the provisions of the Serv Commission to become effective on [F.R. Doc. 69-3196; Filed, Mar. 17, 1969; icemen’s Readjustment Act of 1944, or August 9, 1958, pursuant to the Power or 8:45 a.m.] chapter 37 of title 38, United States Code, Train Brake Safety Appliance Act of as now or hereafter amended, may be 1958. The notices stated that only made for such amount and repayable §§ 232.11 and 232.12 of Part 232 would upon such terms and within such periods be considered in the proposed rule- FEDERAL HOME LOAN DANK DOARD as are acceptable to the insuring or guar making proceedings. anteeing agency: Provided, That no Fed By letter of February 28, 1969, the [12 CFR Part 545 1 eral association may make any loan Association of American Railroads re [No. 22,636] under this section to a director, officer, quested that the two proceedings be or employee of the association, or to any consolidated, that an extension of time FEDERAL SAVINGS AND LOAN person, firm, or member of any firm to comment be' granted, and that the SYSTEM regularly serving the association in the combined proceedings be enlarged to capacity of attorney at law, except for embrace a general revision of Part 232 Unsecured Loans the alteration, repair, improvement, or of Title 49 entitled, “Railroad Power M arch 6, 1969. equipping of a home or combination of Brakes and Drawbars.” Resolved that the Federal Home Loan home and business property owned and We believe that the Association’s re Bank Board considers it advisable to occupied, or to be owned and occupied, quest has considerable merit. However, amend Part 545 of the rules and regula as a home by the borrowing director, Docket No. FRA-PB-2, proposing two tions for the Federal Savings and Loan officer, employee, attorney, or member amendments to § 232.11, addresses itself or for tiie construction of new struc Systran for the purpose of implementing tures related to the residential use of to a clarification of existing require an amendment to section 5(c) of the ments rather than a major change and, property owned and occupied, or to be House Owners’ Loan Act of 1933, as owned and occupied, as a home by such accordingly, can be allowed to proceed amended, contained in Public Law without consolidation. However, the time director, officer, employee, attorney, or 90-448, 82 Stat. 476, approved August 1, member. to file comments with respect to the pro 1968, to authorize Federal savings and posal is extended to May 14, 1969, and loan associations to invest in unsecured (Sec. 5, 48 Stat. 132, as amended; 12 U.S.C. the oral hearing is rescheduled for 1464. Reorg. Plan No. 3 of 1947, 12 F.R. 4981, loans for the construction of new struc 3 CFR, 1943-1948 Comp., p. 1071) May 26, 1969, at 9:30 a.m. at the address tures related to the residential use of shown in Notice No. 2. property and for equipping any real Resolved further that interested per With respect to Docket No. FRA-PB-1, property. Accordingly, it is proposed to sons are invited to submit written data, it is not clear at this time that this pro amend § 545.8 of said Part 545 (12 CFR views, and arguments to the Office of ceeding should be consolidated with the 545.8) to read as follows: the Secretary, Federal Home Loan Bank general revision of Part 232 (Docket No. Board, 101 Indiana Avenue NW„ Wash FRA-PB-3). However, the time for filing § 545.8 Unsecured loans. ington, D.C. 20552, by April 18, 1969, as comments is extended to July 11, 1969. Any Federal association that has to whether this proposal should be Written data, views, or arguments are amended Charter K by the addition adopted, rejected, or modified. Written invited on the proposal to develop a gen thereto of § 14.1 and any Federal associ material submitted will be available for eral revision of Part 232 (Docket No. ation which has a charter in any other public inspection at the above address FRA-PB-3), and they should be received form not inconsistent with the pro unless confidential treatment is re before July 11, 1969. visions of this section may, upon adop quested or the material would not be
FEDERAL REGISTER, V O L 34, NO. 52— TUESDAY, MARCH 18, 1969 PROPOSED RULE MAKING 5339 made available to the public or other which in certain respects present differ Commission wishes to emphasize that the wise disclosed under § 505.6 of the gen ent disclosure problems under the Act. ultimate responsibility for complete and eral regulations of the Federal Home However, to the extent that the Form accurate disclosure lies with the issuer Loan Bank Board (12 CFR 505.6). S-5 calls for disclosures' which are ap and those persons required to sign the propriate for variable annuity com registration statement on Forms S-4 and By the Federal Home Loan Bank panies, the guidelines are applicable. S-5 under the Securities Act. Board. The Commission is today also publish Some prospectuses in current use do [seal] J ack Carter, ing (Investment Company Act Release not, in all respects, meet these guidelines. Secretary. No. 5633 infra) ,* proposed guidelines for Accordingly, prospectuses now being used [F.R. Doc. 69-3217; Filed, Mar. 17, 1969; the preparation and filing of registration should be reassessed in order to consider 8:47 a.m.] statements for management investment what revisions may be appropriate in companies on Form N-8B-15 under the future post-effective amendments to such Investment Company Act of 1940. prospectuses. Prospective registrants, These guidelines implement, in part, a therefore, should not rely upon existing SAINT LAWRENCE SEAWAY recommendation of the Special Study of prospectuses for examples of acceptable Securities Markets. In Subchapter XI-B disclosures. DEVELOPMENT CORPORATION (Report of the Special Study of Securities While the views expressed by the staff Markets, House Doc. No. 95 Pt. 4, 88th as set forth in this release are those of [ 33 CFR Part 401 1 Cong., first sess.), it was recommended, persons who are continually working among other things, that the prospectus with"the provisions of the statutes and SEAWAY REGULATIONS AND RULES requirements applicable to open-end in rules involved and can be relied upon as Calling-in Points; Correction vestment companies be refined to assure representing the views of the Division of that basic information is brought more Corporate Regulation, the public is cau In F.R. Doc. 69-2835, published at pages clearly and conspicuously to the atten tioned that the opinions expressed in this 5025-5027 in the issue dated March 8, tion of the prospective investor. In the release are not, and do not purport to be, 1969, the reference to “22 ^ miles” in Commission’s transmittal letter to Con an official expression of the Commission’s the location of calling-in point No. 15, gress of August 8, 1963, the Commission appearing in the fifth line of § 401.103-7 views. indicated its intention to examine vari The terms used in these suggestions (calling-in points table) is incorrect and ous ways to achieve such further is hereby corrected to read “2Vz miles’’^ have the same meaning as prescribed in refinement. the Investment Company Act of 1940 S t. Lawrence S eaway D e It should be noted that the suggestions and the rules thereunder. velopment Corporation, discussed in this guide are subject to Many of the Investment Company Act [seal] J oseph H. M cC a nn, change as experience or unique factual Releases cited in these guidelines may be Administrator. situations require. There is, of course, found in the “Compilation of Releases, [F.R. Doc. 69-3202; FJled, Mar. 17, 1969; the basic requirement that the informa Commission Opinions, and other ma 8:46 aon.] tion contained in the prospectus be ade terial dealing with matters frequently quate to provide an understanding of the arising under the Investment Company security, its issuer and the nature of the Act of 1940,” (October 1967), which may distribution, as well as any other features be obtained from the Superintendent of SECURITIES AND EXCHANGE that may be particularly relevant, and Documents, U.S. Government Printing that it not be incomplete or misleading Office, Washington, D.C: 20402—price 55 COMMISSION within the meaning of the provisions of cents. the statute and the relevant rules and E 17 CFR Parts 231, 271 ] The staff desires the views and sug forms. It is also emphasized that particu gestions of all interested persons before [Rei. Nos. 33-4953, IC-5634] lar language examples need not be slav the guidelines are published in definitive PREPARATION OF FORMS S-4 AND ishly followed but are only illustrative. form in order that they may be as help Their value is only in their precision of S-5 INCLUDING PROSPECTUS FOR ful as possible to persons preparing regis expression. Each registrant should seek tration statements on Form S-4 and MANAGEMENT INVESTMENT its own precision and is encouraged to Form S-5. Any such comments or sug COMPANY achieve even greater readability for gestions should contain a reference to Proposed Guidelines investors. “Guidelines for Form S-4 and S-5” and The Commission requests the coopera be addressed to the Division of Corporate On December 9,. 1968, the Commission tion of all concerned in improving the Regulation, Securities and Exchange published in Securities Act Release No. disclosure in prospectuses for securities Commission, Washington, D.C. 20549, on 4936 [33 F.R. 18617] Guides for Prepara registered on forms S-4 and S-5. Every or before April 15,1969. tion and Filing of Registration State effort should be made to make such pros ments under the Securities Act of 1933.1 (Sec. 19(a), 48 Stat. 85, 15 .U.S.C. 77s; sec. pectuses more readable and understand 38, 54 Stat. 841, 15 U.S.C. 80a-37) As stated in that release, those guides able. The purpose of a prospectus is not do not specifically relate to the prospec fully realized if it is written in language By the Commission. tus for a management investment com or in a manner that confuses the pros pany under the Securities Act of 1933. [seal! O rval L. DuBois, Accordingly, consistent with the Com pective investors for whom it is intended. Secretary. mission’s practice of publishing the views These suggestions are not meant to be M arch 11,1969. of the staff to assist issuers, their counsel, a complete guide for the preparation of [F.R. Doc. 69-3204; Filed, Mar. 17, 1969; accountants, and others concerned, this Forms S-4 and S-5, and it is contem 8:49 a.m.] release sets forth guidelines2 proposed by plated that additional or revised sugges Division of Corporate Regulations for tions will be published from time to time the preparation of Forms S-4 and S-5.3 as may be warranted. The suggestions [1 7 CFR Part 271 1 may have only limited applicability to The guidelines are not specifically in certain types of companies such as, for [Rel. No. IC-5633] tended for variable annuity companies, example, investment companies which PREPARATION OF FORM N-8B-1 have highly speculative investment poli 1 That release represents a revision and i pansion of guidelines previously published cies or other companies where special or Proposed Guidelines p u r itie s Act Release No. 4666 (Feb. 7, 196 different kinds of disclosures may be [29 F.R. 2490]. necessary. Consistent with the Commission’s Filed as part of the original docume In publishing these guidelines of the practice of publishing the views of the ^opies may be obtained from the Division Division of Corporate Regulation, the staff to assist issuers, their counsel, ac rporate Regulation, Securities and 1 countants, and others concerned in com cnange Commission, Washington, D.C. 4 [34 F.R. infra]. plying with the provisions of the Federal [17 CFR 239.11 and 239.15]. B [17 CFR 274.11]. Securities Laws, this release sets forth
FEDERAL REGISTER, VOL. 34, NO. 52— TUESDAY, MARCH 18, 1969 5340 PROPOSED RULE MAKING guidelines1 proposed by the Division of not meant to be a complete guide for the release are not, and do not purport to be, Corporate Regulation for use in prepara preparation of Form N-8B-1, and it is an official expression of the Commission’s tion and filing of registration statements contemplated that additional guidelines views. for both open-end and closed-end man will be published from time to time as The terms used in these guidelines agement investment companies on Form may be warranted. The guidelines cover have the same meaning as prescribed in N-8B-1 under the Investment Company only those items of Form N-8B-1 which the Investment Company Act of 1940 Act O f 1940 (17 CFR 274.11). the staff believes require further explana and the rules thereunder. The Commission is today also publish tion at this time. Registrants are advised The guidelines should be read in con ing (Investment Company Act Release that while acceptable responses set forth junction with the Investment Company No. 5634, Securities Act Release No. 4953) in these guidelines may be proper for Act Releases cited herein in the “Com proposed guidelines for the preparation Form N-8B—1, additional information or pilation of Releases, Commission Opin of Form S-5 for open-end management less technical language may be desirable ions, and other material dealing with investment companies (34 F.R. —------in the prospectus. Further, the Commis matters frequently arising under the In supra). sion wishes to caution that these guide vestment Company Act of 1940.” (Octo The guidelines are not specifically in lines may have only limited applicability ber 1967), which may be obtained from tended for variable annuity companies, to unusual companies. For example, reg the Superintendent of Documents, U.S. which in certain respects present differ istrants with highly speculative invest* Government Printing Office, Washington, ent registration problems under the Act. ment policies may require special re D.C. 20402—price 55 cents. However, to the extent that individual sponses to various items of the form. The Commission believes it desirable items of Form N-8B-1 call for responses The responses now being submitted to that the staff receive the benefit of com which are also appropriate for variable Form N-8B-1 by some registrants may ments and suggestions of interested per annuity companies, the guidelines are not in all respects meet these guidelines. sons before the guidelines are published Accordingly, prospective registrants in definitive form. Any such comments or applicable. should not rely upon replies in existing It is anticipated that adherence to suggestions should contain a reference to registrations for examples of acceptable “Guidelines to Form N-8B-1” and be ad these guidelines will also substantially responses. expedite the examination by the Divi dressed to the Division of Corporate Reg These guidelines are not rules of the ulation, Securities and Exchange Com sion’s staff of registration statements on Commission although some may later'be Form N-8B-1. The policies embodied in mission, Washington, D.C. 20549, on or incorporated in various rules and forms before April 15,1969. these guidelines will be changed should as experience and need suggest. experience or altered factual situations While the views expressed by the staff (Sec. 38, 54 Stat. 841, 15 TJ.S.C. 802-37) require or should the Form N-8B-1 it as set forth in this release are those of By the Commission. self be changed. These proposals are persons who are continually working with the provisions of the statutes and [seal] O rval L. D uB ois, rules involved and can be relied upon as Secretary. 1 Filed as part of the original document. M arch 11, 1969. Copies may be obtained from the Division of representing the views of the Division of Corporate Regulation, Securities and Ex Corporate Regulation, the public is cau [F.R. Doc. 69-3203; Filed, Mar. 17, 1969; change Commission, Washington, D.C. tioned that the opinions expressed in this 8:49 a.m.]
FEDERAL REGISTER, VOL. 34, NO. 52— TUESDAY, MARCH 18, 1969 5341 Notices
responsibility for law and order is clearly New Mexico—Continued DEPARTMENT OF THE TREASURY established. Determination by the Secre Pueblo of San Juan Tribe. tary concerning Indian tribes not listed Pueblo of Santa Ana Tribe. Pueblo of Santa Clara Tribe. Internal Revenue Service below will be made on an individual Pueblo of Santo Domingo Tribe. [Order No. 86 (Rev. 3) ] basis upon application by such tribes Pueblo of Taos Tribe. under provisions of the act to the Law Pueblo of Tesuque Tribe. DISTRICT DIRECTORS ET AL. Enforcement Assistance Administration Pueblo of Zia. Pueblo of Zuni Tribe. Authority To Permit Inspection of Cer of the Department of Justice. Jicarilla Apache Tribe. tain Returns by Certain Applicants The following Indian tribes have been Mescalero Apache Tribe. determined by the Secretary of the Inte North Dakota: Pursuant to authority vested in the Devils Lake Sioux Tribe. Commissioner of Internal Revenue, au rior to be performing law and order Standing Rock Sioux Tribe. thority is hereby delegated to District functions. Three Affiliated Tribes of Fort Berthold Directors, Service Center Directors, and Arizona: Reservation. the Director of International Operations, Ak-Chin Indian Community. Turtle Mountain Band of Chippewas. to permit inspection of returns in their Cocopah Tribe. Oregon: custody, inspection of which may be au Colorado River Indian Tribes. Confederated Tribes of Warm Springs thorized by the Commissioner of Internal Fort McDowell Mohave Apache Community. Reservation. Gila River Indian Community. South Dakota: Revenue pursuant to 26 CFR 301.9000-1, Havasupai Tribe. Cheyenne River Sioux Tribe. to the same persons and subject to the Hopi Tribe. Oglala Sioux Tribe. same conditions as prescribed for such Hualapai Tribe. Lower Brule Sioux Tribe. persons in 26 CFR 301.6103 (a)-1(c). Kaibab Band of Paiute Indians. Ogala Sioux Tribe. The authority delegated herein is lim Navajo Tribe (Arizona, New Mexico, Colo Rosebud Sioux Tribe. ited to returns as filed by or on behalf rado, and Utah). Standing Rock Sioux Tribe. Papago Tribe. Utah: of the taxpayer, including any schedule, Salt River Pima-Maricopa Indian Com Ute Indian Tribe of the Uintah and Ouray lists, and other written statements which munity. Reservation. have been filed with the Internal Revenue San Carlos Apache Tribe. Washington: Service by or on behalf of the taxpayer White Mountain Apache Tribe. Kalispel Indian Community. or which have previously been furnished - Yavapai-Apache Band of Indians. Lower Elwha Tribe. by the Service to the taxpayer. Colorado: Lummi Tribe. Southern Ute Tribe. Makah Indian Tribe. Whenever it is determined that a re Ute Mountain Ute Tribe. Port Gamble Band of Clallam Indians. turn or related document as defined Idaho: Quinault Tribe. above is available for disclosure in a Coeur d’Alene Tribe. Spokane Tribe. particular case, a copy or certified copy Kootenai Tribe. Yakima Tribe. may be furnished the party requesting Nez Perce Tribe. Wyoming: the sanje. Shoshone-Bannock Tribes. Shoshone and Arapahoe Tribes. Minnesota: R ussell E. T rain, The authority delegated herein may be Red Lake Band of Chippewa Indians. redelegated, but not lower than to Divi Mississippi: Under Secretary of the interior. sion Chiefs except that the Director of Mississippi Band of Choctaw Indians. M arch 12,1969. International Operations may redelegate Montana: [F.R. i)oc. 69-3176r Filed, Mar. 17, 1969; to the Director’s Representative in Puerto Assiniboine and Sioux. 8:45 a.m.] Rico. Blackfeet. Chippewa Cree. This order supersedes Delegation Order Crow. No. 86 (Rev. 2), issued May 13, 1966. Gros Ventre and Assiniboine. Northern Cheyenne. DEPARTMENT OF COMMERCE Date of issuance: March 11, 1969. Salish and Kootenai. Effective date: March 11, 1969. Nevada: Bureau of the Census Campbell Ranch Paiute Tribe. [seal] W illiam D . S m ith , Confederated Tribes of the Goshute Res NUMBER OF EMPLOYEES, TAXABLE Acting Commissioner. ervation. WAGES, GEOGRAPHIC LOCATION, [F.R. Doc. 69-3225; Filed, Mar. 17, 1969; Las Vegas Indian Colony. AND KIND OF BUSINESS FOR Paiute-Shoshone Tribes of the Fallon 8:48 a.m.] Reservation. ESTABLISHMENTS OF MULTIUNIT Moapa Band of Paiute Indians. COMPANIES Paiute-Shoshone Tribe of the Fort Mc- Dermitt Reservation. Notice of Consideration for Surveys DEPARTMENT OF THE INTERIOR Pyramid Lake Paiute Tribe. Notice is hereby given that the Bureau Shoshone-Paiute Tribes of the Duck Valley Office of the Secretary Reservation. of the Census is considering a proposal Summit Lake Paiute Tribe. under the provisions of title 13, United INDIAN TRIBES PERFORMING LAW Walker River Paiute Tribe. States Code, sections 181, 224, and 225, AND ORDER FUNCTIONS Yerington Paiute Tribe. to conduct a First Quarter 1969 Survey New Mexico: of Selected Multiunit* Companies. This Notice of Determination Pueblo of Acoma Tribe. survey is similar to those conducted for Pueblo of Cochiti Tribe. previous County Business Patterns Re Section 601(d), title I, of the Omnibus Pueblo of Isleta Tribe. Crime Control and Safe Streets Act of Pueblo of Jemez Tribe. ports. It is designed to collect informa l968, PubIic Law 90-351, places a respon Pueblo of Laguna Tribe. tion for the 1969 report on the number sibility on the Secretary of the Interior Pueblo of Nambe Tribe. of employees, taxable wages, geographic Pueblo of Picuris Tribe. location, and kind of business for the to determine those Indian tribes which Pueblo of Pojoaque Tribe. perform law and order functions. The Pueblo of Sandia Tribe. establishments of selected multiunit isting below identifies only those Indian Pueblo of San Felipe Tribe. companies. Only those companies which tribes where tribal jurisdiction and Pueblo of San Ildefonso Tribe. do not report in sufficient detail to other
FEDERAL REGISTER, V O L 34, NO. 52— TUESDAY, MARCH 18, 1969 5342 NOTICES
Federal agencies will be required to re Docket No.: 69-00426-33-46500. Ap port in this survey. The data will have plicant: American Medical Association, DEPARTMENT OF HOUSING significant application to the needs of the Education and Research Foundation, 535 public and to governmental agencies and North Dearborn Street, Chicago, 111. AND URDAN DEVELOPMENT are not publicly available from non-gov 60610. Article: Ultramicrotome, LKB ernmental or governmental sources. 8800, Ultrotome III. Manufacturer: LKB DONALD M. ALSTRUP, FEDERAL The survey, if conducted, shall begin Produkter AB, Sweden. Intended use of INSURANCE ADMINISTRATION not earlier, than 30 days after publica article: The article will be used to pro tion of this notice in the F ederal duce ultrathin sections for electron mi Redelegation of Authority With Re R egister. croscopic examination. The primary uses spect to National Insurance Devel Copies of the proposed form and a are for nervous tissue. In the nervous opment Program tissue, the primary study is synaptology. description of the collection methods are Donald M. Alstrup, Federal Insurance available on request to the Director, Bu Because the continuity between nervous tissue elements is of primary concern, Administration, is hereby authorized to reau of the Census, Washington, D.C. execute standard reinsurance contracts 20233. there is a need for extremely thin sec tions to determine the specific relation under title XII of the National Housing Any suggestions or recommendations ship between these synapsing structures. Act (as added by the Urban Property concerning the subject matter of the Therefore, it is mandatory that we cut Protection and Reinsurance Act of 1968, proposed survey submitted to the Direc long series of equal thickness serial sec 12 U.S.C. 1749bbb—1749bbb-21) during tor in writing within 30 days after the tion. These sections should be easily the present vacancy in the position date of this publication will receive varied by the operator between the of Assistant Administrator for In consideration. surance Operations, Federal Insurance values of 50A to 2 microns and it should Administration. Dated: March 6,1969. be possible to easily and rapidly change (Secretary’s delegation of authority pub A. Ross E ckler, the serial sectioning thickness. Applica Director, Bureau of the Census. tion received by commissioner of cus lished at 34 F.R. 2680, Feb. 27, 1969) [F.R. Doc. 69-3174; Filed, Mar. 17, 1969; toms: February 17, 1969. Effective date. This redelegation of au 8:45 a.m.] Docket No. 69-00427-00-46040. Appli thority shall be effective as of March 18, cant: University of Wisconsin, 750 Uni 1969. ^ versity Avenue, Madison, Wis. 53706. Wm. B. R o ss, Business and Defense Services Article: Anti-contamination device for Acting Federal Administration a JEM-7 Electron microscope. Manu Insurance Administrator. facturer: Japan electron Optics Labora [F.R. Doc. 69-3224; Filed, Mar. 17, 1969; AMERICAN MEDICAL ASSOCIATION tory Co., Japan. Intended use of article: 8:48 ajn.] ET AL. The article will be used as an accessory to an existing electron microscope to Notice of Applications for Duty Free observe specimens for long periods of ASSISTANT ADMINISTRATOR FOR IN Entry of Scientific Articles time. Application received by Commis SURANCE OPERATIONS, FEDERAL sioner of Customs: February 17, 1969. The following are notices of the receipt Docket No. 69-00428-00-46040. Appli INSURANCE ADMINISTRATION of applications for duty-free entry of cant: Brown University, Wilson Labora Redelegation of Authority With Re scientific articles pursuant to section tory, Providence, R.I. 02912, Article: De 6(c) of the Educational, Scientific, and contamination device for Elmiskop IA spect to National Insurance Devel Cultural Materials Importation Act of electron microscope. Manufacturer: opment Program 1966 (Public Law 89-651; 80 Stat. 897). Siemens AG, West Germany. The article The Assistant Administrator for In Interested persons may present their will be used as an accessory to an exist surance Operations, Federal Insurance views with respect to the question of ing electron microscope to eliminate ob Administration, is hereby authorized to whether an instrument or apparatus of ject contamination. Application received execute standard reinsurance contracts equivalent scientific value for the pur by Commissioner of Customs: Febru under title XII of the National Housing poses for which the article is intended to ary 17,1969. Act (as added by the Urban Property be used is being manufactured in the Docket No. 69-00429-33-46500. Appli Protection and Reinsurance Act of 1968, United States. Such comments must be cant : The Hospital of the Good Samari 12 U.S.C. 1749bbb—1749bbb-21). filed in triplicate with the Director, tan, Medical Center, 1212 Shatto Street, Scientific Instrument Evaluation Divi (Secretary’s delegation of authority pub Los Angeles, Calif. 90017. Article: Ultra lished at 34 F.R. 2680, Feb. 27, 1960) sion, Business and Defense Services Ad microtome, LKB 8800A Ultrotome III and ministration, Washington, D.C. 20230, Accessories. Manufacturer: LKB Pro Effective date. This redelegation of au within 20 calendar days after date on dukter AB, Sweden. Intended use of thority shall be effective as of March 18, which this notice of application is pub article: The article will be used for sec 1969. lished in the F ederal R egister. tioning human biopsy material from Wm. B. R oss, Regulations issued under cited Act, virtually all organs including lung, kid Acting Federal published in the February 4, 1967, issue ney, breast, liver, stomach, intestine, Insurance Administrator. of the F ederal R egister, prescribe the pancreas and bone for diagnostic evalua [F.R. Doc. 69-3223; Filed, Mar. 17, 1969; requirements applicable to comments. tion in the electron microscope. In this 8:48 a.m.] A copy of each application is on file, application, sections are needed from and may be examined during ordinary 50A to 2 microns thick for alternate Commerce Department business hours at evaluation in light and electron micro the Scientific Instrument Evaluation Di scope. For the detection of small intracel DEPARTMENT OF HEALTH, EDU vision, Department of Commerce, Wash lular changes due to pathologic condi ington, D.C. tions, the thinnest possible sections must CATION, AND WELFARE be cut. Application received by Commis A copy of each comment filed with the Food and Drug Administration Director of the Scientific Instrument sioner of Customs: February 17, 1969. Evaluation Division must also be mailed Charley M. D ento n, KLOT STAINLESS or delivered to the applicant, or its au Assistant Administrator for In thorized agent, if any, to whose applica dustry Operations, Business Drugs for Veterinary Use, Drug tion the comment pertains; and the and Defense Services Admin Efficacy Study Implementation comment filed with the Director must istration. The Food and Drug Administration has certify that such copy has been mailed [F.R. Doc. 69-3173; Filed, Mar. 17, 1969; evaluated a report received from the Na or delivered to the applicant. 8:45 a.m.] tional Academy of Sciences—National
FEDERAL REGISTER, VOL. 34, NO. 52— TUESDAY, MARCH 18, 1969 NOTICES 5343
Research Council, Drug Efficaey Study Issued in Anchorage, Alaska, on a notice of hearing or an appropriate Group, on the following preparation: March 7,1969. order. Klot Stainless; contains 7.0 percent Lyle K . B row n, For further details with respect to this 71-butyl alcohol volume-to-volume per Director, Alaskan Region. amendment, see the licensee’s applica 60-cubic centimeter vial; marketed by [F.R. Doc. 69-3191; Filed, Mar. 17, 1969; tion for license renewal dated Febru Warren Teed Pharmaceuticals, Inc., Sub 8:46 a.m.] ary 20, 1969, which is available for pub sidiary of Rohm & Haas Co., 582 West lic inspection at the Commission’s Public Goodale Street, Columbus, Ohio 43215. Document Room, 1717 H Street NW., The Academy concludes that based on Washington, D.C. available evidence this drug is not effec ATOMIC ENERGY COMMISSION Dated at Bethesda, Md., this 11th day tive for accelerating the formation of a [Docket No. 50-213] of March 1969. clot to prevent or minimize loss of blood components. The Food and Drug Admin CONNECTICUT YANKEE ATOMIC For the Atomic Energy Commission. istration concurs with the conclusions of POWER CO. D onald J. S kovholt, the Academy. Notice of Issuance of Operating Assistant Director for Reactor Accordingly, the Commissioner of Food Operations, Division of Re and Drugs intends to initiate proceedings License Amendment actor Licensing. ' to withdraw approval of the new-drug No »request for a hearing having been [License No. R-86, Arndt. No. 9] applications fpr this drug and any others filed following publication of the notice Amendment to F acility License of similar composition and labeling. of proposed action in the F ederal R eg Prior to initiating such action, how ister, the Atomic Energy Commission The Atomic Energy Commission has found ever, the Commissioner invites the hold has issued, effective as of the date of that: ers of the new-drug applications for such issuance, Amendment No. 2 to Operating 1. The Lockheed Aircraft Corp. applica drug and any interested person who may tion for license renewal dated February 20, License No. DPR-14. The amendment 1969, complies with the requirements of the be adversely affected by removal of this authorizes the Connecticut Yankee Atomic Energy Act of 1954, as amended, and drug from the market, to submit any Atomic Power Co. to operate its Haddam the Commission’s regulations set forth in pertinent data bearing on the proposal Neck Plant at power levels up to a maxi Title 10, Chapter 1, CFR; within 30 days from the date of the pub mum of 1825 megawatts (thermal). 2. Operation of the reactor in accordance lication of this announcement in the The amendment was issued in the with the license, as amended, will not be Federal R egister. Submissions should inimical to the common defense and security form published in the Notice of Proposed or to the health and safety of the public; and be addressed to the Bureau of Veterinary Issuance of Amendment to Operating Medicine, Special Assistant for Drug Ef 3. Prior public notice of proposed issuance License in the F ederal R egister on Feb of this amendment is not required, since the ficacy Study Implementation, Food and ruary 7, 1969, 34 F.R. 1841. amendment does not involve significant haz Drug Administration, 200 C Street SW., ards considerations different from those pre Washington, D.C. 20204. Dated at Bethesda, Md., this 11th day viously evaluated. The holder of the new-drug application of March 1969. Accordingly, Facility License No. R-86, as for the drug listed above has been mailed For the Atomic Energy Commission. amended, is hereby further amended by re a copy of the NAS-NRC report. Any other vising paragraph number 6 thereof in its interested person may obtain a copy of P eter A. M orris, entirety to read as foUows : Director, 6. This amendment is effective as of the the report by writing to the Food and date of issuance and shall expire on April 4, Drug Administration, Press Relations Of Division of Reactor Licensing. 1974. fice, 200 C Street SW., Washington, D.C. [F.R. Doc. 69-3179; Filed, Mar. 17, 1969; 20204. 8:45 a.m.] Date of issuance: March 11,1969. This notice is issued pursuant to the For the Atomic Energy Commission. provisions of the Federal Food, Drug, and [Docket No. 50-172] Donald J. Skovholt, Cosmetic Act (secs. 502, 505, 52 Stat. Assistant Director for Reactor Oper 1050-53, as amended; 21 U.S.C. 352, 355) LOCKHEED AIRCRAFT CORP. ations, Division of Reactor Licens and under authority delegated to the ing. Commissioner (21CFR 2.120). Notice of Issuance of Facility [F.R. Doc.' 69-3180; Filed, Mar. 17, 1969; Dated: March 12, 1969. License Amendment 8:45 a.m.] H erbert L. Ley, Jr., The Atomic Energy Commission has Commissioner of Food and Drugs. issued Amendment No. 9, as set forth [Docket No. 27-44] below, to Facility License No. R-86. The [F.R. Doc. 69-3175; Filed, Mar. 17, 1969; ■ license, which authorizes the Lockheed NUCLEAR DIAGNOSTIC LABORA 8:45 a.m.] Aircraft Corp. to operate a heterogeneous TORIES, INC. pressurized water-type nuclear reactor in Notice of Issuance of Amendment to Dawson County, Ga., expires on April 4, 1969. The licensee has requested a 5-year Byproduct and Source Material DEPARTMENT OF extension; all other conditions of the License license will remain the same. Accord Please take notice that the Atomic TRANSPORTATION ingly, Amendment No. 9 extends the ex Energy Commission has issued Amend Federal Aviation Administration piration date of the license to April 4, ment No. 1 to License No. 31-12000-1, as 1974. set forth below. This license amendment KETCHIKAN FLIGHT SERVICE STATION Within fifteen (15) days from the date renews the license for a period of 5 years. AT KETCHIKAN, ALASKA of publication of this notice in the F ed The condition relating to transportation eral R egister, the applicant may file a of radioactive materials has been amend Notice of Opening request for a hearing, and any person ed to reflect recent changes in Depart ■« _ ^°rice is hereby given that On or ab< whose interest may be affected by the is ment of Transportation regulations. The March 11,1969, a part-time staffed Flig suance of this amendment may file a license provides for receipt and posses i oon*Ce, Ration will be opened in Ro< petition for leave to intervene. A request sion of packaged radioactive waste mate rials in any state subject to the regula Qooni l l 9. Austin- Ketchikan, Alai for hearing and petitions to intervene Vk s. inf°rination will be reflecl shall be filed in accordance with the pro tory authority of the Atomic Energy Alaskan Region, organi: visions of the Commission’s “Rules of Commission. non statement the next time it Practice”, 10 CFR Part 2. If a request for The Commission has found that the reissued. a hearing or a petition for leave to inter application for license amendment com vene is filed within the time prescribed plies with the requirements of the Atomic (Sec. 313(a), 72 stat. 752; 49 U.S.C. 13! in this notice, the Commission will issue Energy Act of 1954, as amended, and
FEDERAL REGISTER, V O L 34, NO. 52— TUESDAY, MARCH 18, 1969 5344 NOTICES
Title 10, Code of Federal Regulations, ients are companies which hold no au Chapter 1, and is for a purpose author CIVIL AERONAUTICS BOARD thority from the ICC; they engage in ized by that Act. The Commission has [Docket No. 20812; Order 69-3-43] surface forwarding of used household determined that prior public notice of goods pursuant to a statutory exemption proposed issuance of this amendment HOUSEHOLD GOODS AIRFREIGHT provided ip section 402(b) of the Inter is not required since the amendment FORWARDER INVESTIGATION state Commerce Act, 49 U.S.C. 1002(b). does not involve any hazard consid In addition to the household goods erations different from those previously Order Instituting Investigation and companies now holding airfreight for evaluated. Consolidating Applications warder authority, there are 47 such com Within fifteen (15) days from the date Adopted by the Civil Aeronautics panies with applications on file with the of publication of this notice in the F ed Board at its office in Washington, D.C., Board seeking authority to forward eral R egister, any person whose interest on the 13th day of March 1969. M household goods by air.4 Although the may be affected by the issuance of this The Board has decided to undertake operating authorizations which have license amendment may file a petition an investigation of the airfreight for been granted to date have involved only for leave to intervene. Any request for a warding of household goods. This investi the movement of household goods, new hearing by the applicant and petitions gation is necessitated by the forthcoming and used, 15 of the above applicants for for leave to intervene shall be filed in ac expiration of the existing authority of household goods airfreight forwarder cordance with the provisions of the Com household goods forwarders and by the authority also seek authority for the mission’s “Rules of Practice” (10 CFR desirability of considering the authoriza airfreight forwarding of general Part 2). If a request for a hearing by the tion of new forwarders and of reexamin commodities. applicant or a petition for leave to in ing certain of the Board’s policies in this We have decided to process the renewal tervene is filed within the time pre area. of the existing household goods air scribed in this notice, the Commission The forwarders currently authorized freight forwarder authorizations and the will issue a notice of hearing or an ap to forward household goods were currently filed applications for such au propriate order. Petitions to intervene awarded their authorizations in a num thority in a single investigation, to be or requests for public hearings may be ber of different proceedings. The first known as the Household Goods Air filed with the Secretary, U.S. Atomic authorizations were made in the Air freight Forwarder Investigation. The Energy Commission, Washington, D.C. freight Forwarder Authority Case, 40 existing household goods airfreight for 20545. CAB 673 (1964), in which the Board warder® whose operating authorizations granted operating authorizations to six expire on July 9, 1969, and who seek re Dated at Bethesda, Md., March 12, motor carriers1 holding ICC certificates newal thereof, will be expected to so indi 1969. as long-haul household goods movers. cate by filing an application for renewal.6 For the Atomic Energy Commission. The authorizations were issued for a 5- In addition to the processing of any such year experimental period which will applications, we shall direct that all J. A. M cB ride, terminate on July 9, 1969. Subsequent to pending applications be consolidated Director, the 1964 Airfreight Forwarder decision, into this investigation; and that the Division of Materials Licensing. several more ICC-licensed household pending sections 408-409 applications [License No. 31-12000-1; Arndt. No. 1] goods movers were granted similar au relating to these applications also be consolidated into this investigation for Byproduct and Source Material License thority, with identical expiration dates. In all instances the Board’s definition of determination thereof. Byproduct and Source Material License household goods is less comprehensive Besides the basic questions concern No. 31-12000-1 is amended as follows: than that of the Interstate Commerce ing the renewal of existing, and the grant Condition 6 is amended to read: Commission.8 of additional, household goods airfreight 6. The transportation of AEC-licensed forwarder authority, two other issues are material shall be subject to all applicable The Board has also granted several regulations of the Department of Transporta freight forwarders operating authoriza raised by the applications, both of which tion and other agencies of the United States tions which are limited to the forwarding shall be considered in the investigation. having jurisdiction. of “used household goods,” and which Since several applications request gen- When Department of Transportation reg also expire on July 9, 1969.3 The recip- ulations .in 49 CFR Parts 173-179 are not institutions, hospitals, or other establish applicable to sh ip m en ts, by land of AEC- 1ACE-R. B. Van Lines, Inc.; Bader Bros., ments, when a part of the stock, equipment, licensed material by reason of the fact that Inc.; Bekins Airvan Co.; Chicago Avenue or supply of such stores, offices, museums, the transportation does not occur in inter Transfer, Inc.; Engel Bros., Inc,; Security institutions, hospitals, or other establish state or foreign commerce, (1) the trans VanYines, Inc.; Starck Van Lines, Inc.; and ments, and (2) objects of art (other than per portation shall be in accordance with the B. von Paris & Sons, Inc. sonal effects), displays, and exhibits. requirements relating to packaging of radio 2 The Board defined the term “household 4 The Board recently terminated its rule- active material, marking and labeling of the goods” to mean “(1) personal effects and making proceeding involving proposed Part package, placarding of the transportation property used or to be used in a dwelling 296A of the Board’s economic regulations, vehicle, and accident reporting set forth in when a part of the equipment or supply of which proposed a blanket exemption for the regulations of the Department of Trans such dwelling; and (2) furniture, fixtures, household goods forwarders. EDR-150, dated portation in §§ 173.389-173.399, 173.402, equipment, and the property of stroes, offices, Oct. 8, 1968. At the same time, the Board 173.414, 173.427, 49 CFR Part 173, “Shippers,” museums, institutions, hospitals, or other granted exemptions to seven surface house and §§ 177,823, 177.842, 177.843, 177.861, 49 establishments, when a part of the stock, hold goods carriers to allow them to transport CFR Part 177, “Regulations Applying to Ship equipment, and the property of stores, offices, “used household goods” for the Department ments Made by Way of Common, Contract, museums, institutions, hospitals, or other of Defense, and declared a moratorium on or Private Carriers by Public Highways,” and establishments.” 40 CAB 673, 675-676. As processing applications for household goods (2) any requests for modifications or excep defined by the Interstate Commerce Commis forwarder authority. Order 68-10-32, Oct. 8, tions to those requirements, and any notifi sion the term household goods includes, in 1968. cations referred to in those requirements addition, “* * * articles, including objects 6 The renewal application should indicate shall be filed with, or made to, the Atomic of art, displays of exhibits, which because of that the applicant seeks renewal of its cur Energy Commission. their unusual nature or value require spe rent operating authorization pursuant to this This license shall expire five years from the cialized handling and equipment usually order. The details required by § § 296.42 and last day of the month in which this amend employed in moving household goods.” Prac 297.32 of the Board’s economic Regulations ment is issued. tices of Motor Common Carriers of House may be omitted; however, the application hold Goods, 17 M.C.C. 467, 505 (1939), and must be certified by a responsible official of Date of issuance: March 12, 1969. 49 CFR 176.1(a). the carrier. As provided in § 389.25 (o) of the For the Atomic Energy Commission. 3 The term “used household goods” means Board’s organization regulations, a filing fee personal effects (including unaccompanied of $275 must, accompany the application. The J. A. McBride, filing of a renewal application as authorized Director, baggage) and property used or to be used in a dwelling, when a part of the equipment herein will cause the current operating au Division of Materials Licensing. or supply of such dwelling, but specifically thorization to remain in effect, pursuant [F.R. Doc. 69-3181; Filed, Mar. 17, 1969; excludes (1) furniture, fixtures, equipment, 5 U.S.C. 558, until a final Board determina 8:45 a.m.] and the property of stores, offices, museums, tion on the application.
FEDERAL REGISTER, VOL. 34, NO. 52— TUESDAY, MARCH 18, 1969 NOTICES 5345
eral commodity as well as household all currently authorized airfreight for A p p e n d i x B —Continued goods airfreight forwarder authority, the warders of new and used household goods issues in the investigation will include and upon the applicants listed in the ap Docket Applicant Section whether such general commodity author pendices attached hereto. 16844___ Martin L. Santini et al., and Home- 408-409 ity should be granted, and if so, for what This order will be published in the Pack Transport, Inc., et al. term; and further, whether any renewed 17239__ Joseph Davidson et al., and David- 408-409 F ederal R egister. son Forwarding Co., The David household goods operating authoriza son Transfer & Storage Co. tions should encompass general commod By the,Civil Aeronautics Board. 17647___ Lionel E. Weeks, Jr. et al. and Weeks 409 ity authority. Secondly, we shall include Moving & Storage Corp. [ seal] H arold R . S anderson, 18002___ Clarence A. Garrett et al., and Gar- 408-409 the issue of whether licenses should be Secretary. rett Forwarding Co., Garrett issued to applicants who, despite their Freight Lines, Inc. Appendix A 18612__ John L. Newbòld et al., and Mer- 408-409 separate applications, have managerial chants International, Inc., Mer and/or financial interlocking relation chants Transfer & Storage Co. APPLICANTS SEEKING HOUSEHOLD GOODS 20201 »... . Imperial Household Shipping Co., 408-409 ships, common ownership interests, or AIR FREIGHT FORWARDER AUTHORITY Inc., Donald E. Rowe et al. close operational ties based on contrac tual relationships. In the past we have Air Movers of America, Inc. Air Van Lines, Inc. 1 Application submitted in Docket 20201 to “super indicated our view that a grant of more Allied Van Lines, Inc?’ sede” Docket 15869. than one domestic and international air American Ensfgn Van Service, Inc. freight forwarder operating authoriza [F.R. Doc. 69-3226; Filed, Mar. 17, 1969: American Red Ball Transit Co., Inc. 8:48 a.m.] tion to a group of related household Asiatic Forwarders, Inc. goods movers would be contrary to the Astron Forwarding Co. public interest. See Orders E-22185, May Atlas Van Lines, Inc. [Docket No. 20522; Order 69-3-47] 20, 1965, and E-22496, August 2, 1965. Burnham Van Services, Inc. Chicago Avenue Transfer, Inc. INTERNATIONAL AIR TRANSPORT The desirability and efficacy of that pol City Transfer and Storage Co. icy will be considered in this investiga Columbia Export Packers, Inc. ASSOCIATION tion. Container Transport International, Inc. Order Regarding North Atlantic Cargo Accordingly, it is ordered, That: Davidson Forwarding Co. 1. An investigation to be known as the District Moving & Storage, Inc., d.b.a. Dis Rates Household Goods Airfreight Forwarder trict Containerized Express. Adopted by the Civil Aeronautics Investigation be and it hereby is insti Express Forwarding and Storage Co., Inc., d.b.a. Aero Transport Division. Board at its office in Washington, D.C., tuted in Docket 20812 to determine, inter Federal Warehouse Co. on the 13th day of March 1969. alia, whether— Fernstrom Storage and Van Co. A complaint has been filed by the (a) The outstanding operating au Four Winds Forwarding, Inc. Mayor and City Council of Baltimore, thorizations for airfreight forwarding of Garrett Forwarding Co. the Chamber of Commerce of Baltimore, fc household goods and used household General Van and Storage, Inc. and by the Baltimore Customhouse goods should be renewed, and if so, for Getz Bros. & Co., Inc. Brokers and Forwarders Association, Air what term; Greyhound Van Lines, Inc. HC&D Moving and Storage Co., Ihc. Freight International, Inc., and John S. (b) The Board should award addi Home-Pack Transport, Inc. Connor, Inc. (Baltimore parties), al tional authorizations to engage in the Imperial Household Shipping Co., Inc. leging that the transatlantic cargo rate airfreight forwarding of household goods International Sea Van, Inc. structure, as established by agreements or used household goods; King Van Lines, Inc. of the International Air Transport Asso (c) The authorizations referred to in Lion Transfer and Storage Co. Lyon Van Lines, Inc. ciation (LATA), discriminates against (a) and (b) above should be restricted Merchants International, Inc. Baltimore/Washington and prefers New as to commodities; Mollerup Freight Forwarding Co., Inc. York/Boston. The Baltimore parties (d) Operating authorizations should Monumental Security Co. allege, inter alia, that the Baltimore be issued to applicants having manage Neptune World Wide Moving, Inc. area is subject to a rate differential over rial and/or financial interlocking rela North American Van Lines, Inc. New York ranging from 17 to 26 percent tionships, common ownership interests, Railway Express Agency, Inc. with respect to selected Europen cities Richardson Transfer & Storage Co., Inc. for traffic moving under specific com or close operational ties based on con Shamrock Van Lines, Inc. tractual relationships with another ap Smyth Worldwide Movers, Inc. modity rates, and a general commodity plicant; Starck Van Lines, Inc. t rate differential of 12 to 14 percent, (e) The applications filed under sec Suddath Moving & Storage Co., Inc. although the distance to Baltimore is tions 408 and 409 of the Federal Aviation Trulove Transfer & Storage, Inc., d.b.a. only 4 to 6 percent farther than is New Act should be approved; Trulove Air Freight. York from the European cities. It is al United Van Lines, Inc. leged that the effect of the higher rates 2. The applications listed in the ap Von Der Ahe Van Lines, Inc. pendices A and B attached hereto be and at Baltimore is to divert traffic from the Weeks Moving and Storage Corp. Baltimore/Washington gateway to the they hereby are consolidated into the in White Star Van & Storage, Inc. vestigation instituted pursuant to this Withers Van Lines of Miami, Inc. John F. Kennedy Airport at New York; order; that the small mileage differentials to A p p e n d ix B Baltimore are too insignificant to support 3. Holders seeking renewal of their op the rate differentials between the points erating authorizations to engage in air PENDING 408-409 APPLICATIONS INVOLVING APPLICANTS FOR HOUSEHOLD GOODS FORWARDING AUTHORITY involved, and that there is no justifica freight forwarding of household goods or tion for this discrimination in rates. used household goods which expire on Docket Applicant Section Complainants further point to the con July 9, 1969, shall file applications for gestion at Kennedy Airport and contend renewal thereof within 30 days from the 15764...... J. Elroy McCaw et al. and Smyth 408-409 that this would be alleviated by correc date of service of this order, whereupon Worldwide Movers, Inc. tion of the rate structure. In view of the they shall be considered parties to this 15857...... C. L. Elliott and Chicago Avenue 409 Proceeding; foregoing, the complainants request that 158691__ Donald E. Rowe and Imperial 408-409 the Board order the discrimination re f investigation shall be set down Household Shipping Co. Inc. 15901___ E. J. Starck & J. J. Starck and 408-409 moved pursuant to its powers under sec tor hearing before an examiner of the Starck Van Lines, Inc. tion 1002(f) of the Federal Aviation Act oard at a time and place to be here 15998-.-.. Jerome D. Ullman and Federal 409 of 1958 (the Act), and that the Board after designated; and Warehouse Co. 16057___ Thomas G. Newman et al, and Ex- 408-409 rescind its outstanding approval of the 5. Copies of this order shall be served press Forwarding & Storage Co., LATA agreements establishing the cur Inc., Container Transport Inter upon the Department of Defense and the national, Inc. rent transatlantic air freight rate epartment of Transportation, which 16061___ Robert C. Cavanaugh and Monu- 409 structure. mental-Security Storage Co. w . ma4e Parties to this proceed- 16096___ Asiatic Forwarders, Inc., and John 408-409 Fan American World Airways, Inc. g, this order shall also be served upon W. Brooke et al. (Pan American), and Trans World Air-
No. 52- FEDERAL REGISTER, VOL. 34, NO. 52— TUESDAY, MARCH 18, 1969 5346 NOTICES lines, Inc. (Trans World), have filed a European cities. Substantially the same 412 of the Act. An investigation into this joint answer to the complaint in which discrimination issues are present with re matter will afford an opportunity for all they recognize there is some merit to the spect to the rates for service to Washing interested persons to be heard upon the complaint while not agreeing there ton, D.C., through the Dulles Airport as issues of undue preference or undue or should be common rating of Baltimore are present with respect to the rates for unreasonable prejudice or disadvantage and New York as the complaint suggests. service to Baltimore/Washington, D.C., under sections 404(b) and 1002(f) of the These carriers state they have sought through the Friendship Airport, and the Act as well as upon the public interest for some time at IATA meetings to reduce investigation of alleged discrimination and lawfulness issues under sections 412 the proportionately higher charges ap will accordingly include the rates appli and 414 of the Act, and for the Board plicable to Baltimore and other cities cable to service at Dulles. In initiating to make appropriate findings and con compared with the rates at New York. this investigation the Board notes that clusions thereon. The Board’s action The respondents refer to the next IATA no justification has been advanced for herein is, of course, without prejudice to cargo rate conference scheduled in April the disparate relationship of the rates to the opportunity for any party to the in 1969 where they intend to press for a Baltimore/Washington vis-a-vis New vestigation to take a position as to the more equitable agreement for the east York as compared with the mileage dif manner in which the Board should im coast gateways and state they do not ferential, and that as to European cities plement any conclusions drawn in the believe it would be proper or useful for beyond the near gateway points the IATA investigation. Neither will our action at the Board to institute an investigation rate structure generally provides a dif this time prejudice this Government, or at this time. They note that the agree ferential less than indicated by mileage, the rights of any other government, to ment may have expired and it would be and in some instances common rates the request discussions or discuss rate mat more desirable if the matter would be re European cities. The complainants have ters involved herein, should such discus solved at an IATA conference following further alleged that they have been sions be indicated. Such matters, how which the Baltimore parties would have damaged by the rate structure and that ever, appear premature at this time. ample opportunity to present their views its correction would operate to relieve We will name as parties to the investi to the Board should they be dissatisfied congestion at the John F. Kennedy Air gation all IATA air carriers and foreign with the rate structure. port at New York City. In these circum air carriers who provide cargo service on Answers in opposition to the request stances we find no basis to deny the re the North Atlantic between European have also been filed on behalf of foreign quest of the complainants for an points on the one hand and both New air carriers» one jointly on behalf of investigation. York and Baltimore and/or Washington, Japan Air Lines Co., Ltd., Lufthansa The Board has considered the various D.C., on the other, whether by direct German Airlines, Qantas Airways Ltd., contentions of the carriers that it would single carrier service, or through partici and Swissair, Swiss Air Transport Co., be better to leave this problem to the pation in through service pursuant to Ltd., and a separate answer filed by KLM IATA carriers, that the Board’s approval joint rates. United States carriers par Royal Dutch Airlines (KLM). Sabena of IATA rates contemplates a full 2-year ticipating in such through service only Belgian World Airlines (Sabena) filed a period of effectiveness; and that to take on domestic segments are also made motion to dismiss the complaint and an action upon the complaint would not be parties hereto. answer thereto has been filed by the com consistent with bilateral rate agreements The scope of the investigation will in plainants. These responses note that the between the United States and other clude the question of whether the rela foreign air carriers are not authorized to countries or with the obligations of the tionship of the North Atlantic air cargo serve Baltimore, that the April 1969 Board under section 1102 of the Act, and rates of the named parties between Eu IATA Cargo Conference may replace the it finds no basis for dismissal of the ropean points and New York City to the present approved resolutions which will complaint, or deferral of action thereon. air cargo rates between European points expire on September 30, 1969, and that While Pan American and Trans World and Baltimore or Washington, D.C., gives accordingly it is too late to inquire into state they will press for a more equitable rise to undue preference to New York or the present structure. It is also contended rate structure at the April 1969 IATA undue prejudice to Baltimore, and if so that it is premature to consider the future rate conference, none of the foreign air what action should the Board take to re structure since it has not been formu carriers responding to the complaint sug move such preference and prejudice. lated. In addition, the foreign carriers gest any disposition to modify the rate There will be excluded therefrom issues contend that the IATA agreements have structure. KLM specifically alleges that as to the lawfulness of the general rate been approved by the Board in accord the structure is not unjustly discrimina level of either the general commodity ance with the provisions of the bilateral tory, and points to its economic motiva or the specific commodity rates (except agreements entered into between the tion to retain the rate differential. In to the extent the level bears upon the United States and various foreign gov these circumstances, and in light of the discrimination issue) as well as the rela ernments, that action by the Board in the fact that the Board has previously indi tionship of rates as among the different instant matter would be inconsistent cated that the carriers should modify the weight breaks between the same points. with these agreements and inconsistent differential to Baltimore, the Board will The issues will further include the ques with the provisions of section 1102 of the not await the results of the April cargo tion of whether the IATA resolutions Act, requiring that the Board perform its conference before acting upon the re establishing such rate structure are in duties consistently with obligations as quest for investigation.1 sumed in any agreement between the The Board does not consider that the the public interest or in violation of the United States and any foreign country. institution of this investigation is in any Act, and if so, what order or conditions The Metropolitan Washington Board way inconsistent with its policy with re should the Board enter with respect to of Trade has petitioned to intervene in spect to approval of IATA agreements, or the IATA resolutions under section 412 the above-entitled proceeding. The Vir in derogation of section 1102 of the Act, of the Act.2 ginia Airports Authority and the Fairfax or the obligations of the U.S. Govern County Industrial Authority have filed ment under any rate agreements with * While no IATA resolution by its terms an answer to the complaint supporting other countries. There are no limitations precludes an IATA carrier from establishing the request for the institution of the in upon the Board’s authority to review its specific commodity rates to Baltimore, under vestigation, and requesting that the rates approval of agreements under section IATA rate making machinery a carrier pro to/from Washington, D.C., as served posal for a specific commodity rate to Bal through the Dulles International Airport 1 If new cargo rate resolutions are submittimore could be vetoed by the action of any be included in said investigation. ted to the Board prior to the completion of one carrier and there are in fact no sue Upon consideration of the complaint, the investigation initiated herein the Board rates in effect. The seotion 412 issues wui wiU, of course, consider them on the basis therefore include the subissue of whetnfr and the responses thereto, and other of matters then before it, and does not con IATA resolutions should be conditioned relevant matters before the Board, the sider that it wiU be bound to continue ap that they could not restrict the freedom ^ Board has concluded to initiate an in proval of a structure containing the rate any carrier under IATA to establish a SP vestigation into the alleged discrimina relationships under investigation, as well as eifle commodity rate at Baltimore or W tion against Baltimore and preference to similar relationships involving other U.S. ington, D.C., under the same terms and raw New York with respect to rates to/from international gateway points. applicable by any IATA carrier at New
FEDERAL REGISTER, V O L 34, NO. 52— TUESDAY, MARCH 18, 1969 NOTICES 5347
Accordingly, pursuant to the provisions Scandinavian Airlines System. based, in part, on the finding that KBLI, of the Federal Aviation Act, and par Seaboard World Airlines, Inc. through Howard Johnson, its president Societe Anonyme Beige D’Exploitation de la and controlling stockholder, had as ticularly sections 204, 404(b), 412, 414, Navigation Aerienne (Sabena) (also oper and 1002(f) thereof, ating as Sabena Belgian World Airlines). sumed control of KSHO-TV in violation It is ordered, That : Southern Airways, Inc. of section 310(b) of the Communications 1. An investigation is hereby instituted Swissair, Swiss Air Transport Co., Ltd. Act and had engaged in multiple acts of Transportes Areos Portugueses, S.A.R.L. misrepresentation and concealment in as to the relationship of the North Trans World Airlines, Inc. its dealings with the Commission. The Atlantic air cargo rates, or charges, United Air Lines, Inc. Broadcast Bureau, in its comments op whether joint or local rates or charges, posing the petitioner’s request for a req and any revisions thereof, of the named 4. The motion of Sabena Belgian World Airlines to dismiss, or in the uisite qualifications issue, points to the IATA carriers between European points fact that subsequent to the KSHO-TV served by them, on one hand, and New alternative, that it be permitted to file an answer, is denied. litigation the licenses of the broadcast York, N.Y., on the other hand, vis-a-vis stations of KBLI were renewed, includ the air cargo rates and charges of such This order shall be published in the ing the license of KTLE, which is the carriers, whether joint or local rates or F ederal R egister. station involved in KBLI’s present ap charges, between such European points By the Civil Aeronautics Board. plication for renewal.3 Therefore, it is on the one hand and Baltimore, Md., and/ the Bureau’s position that the Commis or Washington, D.C., on the other hand, [ seal] H arold R. S anderson, sion has already considered and ruled to determine whether such rates or Secretary. upon the question of the possible dis charges or the relationship of such rates [F.R. Doc. 69-3227; Filed, Mar. 17, 1969; qualification of KBLI to be a broadcast or charges causes any undue or unrea 8:48 a.m.] licensee. sonable preference or advantage to any person, port, locality, or description of 3. The Review Board agrees with the traffic, or subjects any person, port, lo Broadcast Bureau that the action of the cality, or description of traffic to any un Commission in granting KBLI’s applica just discrimination or any undue or un FEDERAL COMMUNICATIONS tions for renewal following the KSHO- reasonable prejudice or disadvantage, TV litigation constitutes a determina and if such rates or charges, or the re tion that KBLI has the requisite qualifi COMMISSION cations to be a broadcast licensee and is lationship of such rates or charges is [Dockets Nos. 18401,18402; FCC 69R-118] found to be unjustly discriminatory, un dispositive of Idaho’s request for a req duly preferential, or unduly prejudicial, uisite qualifications issue.4 However, the KBU, INC. (KTLE) AND EASTERN findings of Television Company of to determine how such rates or charges IDAHO TELEVISION CORP. should be altered, or what order should America, Inc., supra, raise questions be made to the air carriers and foreign Memorandum Opinion and Order which could bear on the comparative qualifications of KBLI. In its Policy carriers to remove such discrimination, Enlarging Issues preference, or prejudice. Statement on Comparative Broadcast 2. The investigation herein will include In re applications of KBLI, Inc. Hearings, 1 FCC 2d 393, 5 RR 2d 1901 the issue as to whether resolutions of the (KTLE) Pocatello, Idaho, Docket No. (1965), the Commission noted that International Air Transport Association 18401, File No. BRCT-485, for renewal of demerits on an issue of character may be which establish or provide for the estab broadcast license; Eastern Idaho Televi appropriate in a comparative proceeding, lishment of rates and charges described sion Corp., Pocatello, Idaho, Docket No. such as the instant one, in which dis in ordering paragraph 1, above, are 18402, File No. BPCT-4156, for construc qualification is not warranted, and stated adverse to the public interest or in viola tion permit for new television broadcast that petitions for comparative charac tion of the Federal Aviation Act of 1958. station. ter issues will be entertained. We believe 3. Copies of this order shall be served 1. This proceeding involves the mu that the conduct of KBLI revealed in the upon the following which are hereby tually exclusive applications of KBLI, KSHO-TV proceeding and recounted in made parties to this proceeding : Inc. (KBLI), for renewal of its license Idaho’s petition, warrants such a com parative character issue, and one will be The Mayor and City Council of Baltimore, of Station KTLE, Pocatello, Idaho and Md. of Eastern Idaho Television Corp. added. The Chamber of Commerce of Baltimore, Md. (Idaho), for authorization to construct 4. In support of its request for a com Baltimore Customhouse Brokers and For a new television broadcast station to op parative coverage issue, Idaho submits an warders Association. erate on Channel 6 at Pocatello. It was engineering statement which shows that Air Freight International, Inc. designated for hearing by Order, FCC petitioner would provide Grade A service Johns. Connor, Inc. to 4,656 square miles with a population Metropolitan Washington Board of Trade. 68-1187, 15 FCC 2d 709, released Decem Virginia Airports Authority. ber 20, 1968. Presently before the Review of 100,559, compared to KTLE’s Grade Fairfax County Industrial Authority. Board is a petition to enlarge issues, A contour of 3,573 square miles with a Aerlinte Eireann Teoranta. filed January 13, 1969, by Idaho,1 re population of 78,559. It would provide Air-India. questing the addition of requisite and Grade B service to an area of 15,351 Alitalia—Linee Aeree Italiane—S.p.A. comparative qualifications issues against square miles with a population of 189,- Allegheny Airlines, Inc. 190, compared to KTLE’s Grade B area American Airlines, Inc. KBLI, and a comparative coverage issue. Braniff Airways, Inc. 2. The petitioner premises its request of 12,948 square miles with a population British Overseas Airways Corp. for requisite and comparative qualifica of 182,035. In addition, Idaho’s engineer British West Indian Airways, Ltd. tions issues on the Commission’s Find ing affidavit contains an allegation that Compagnie Nationale Air France. ings of Fact and Conclusions of Law in its proposal involves service to areas not Delta Air Lines, Inc'. Television Company of America, Inc., 1 otherwise adequately served, i.e., Idaho’s Deutsche Lufthansa Aktiengesellschaft (also proposal would bring a first Grade B operating as Lufthansa Airlines). FCC 2d 91, 5 RR 2d 811 (1965).2 In that Eastern Air Lines, Inc. case, the Commission denied an applica service to an area of 1,457 square miles, El A1 Israel Airlines, Ltd. tion for renewal of license of television and a second Grade B service to an area Iberia Lineas Aereas de España, S.A. Station KSHO-TV, Las Vegas, Nev., of 1,633 square miles, whereas KTLE Japan Air Lines Co., Ltd. provides such services to areas of 634 K.L.M. Royal Dutch Airlines. 1 Also before the Review Board are com and 1,252 square miles, respectively. The National Airlines, Inc. ments, filed Feb. 4, 1969, by the Broadcast Northeast Airlines, Inc. Bureau. 3 Action on the renewal applications was Alrlines, Inc. (also operating as 2 Reconsideration denied, 2 FCC 2d 31, 6 held in abeyance pending the final outcome Northwest Orient Airlines). RR 2d 506 (1965) ; affirmed, sub. nom. Waller- of the KSHO-TV proceeding. Olympic Airways, S.A. stein, Receiver of Television Company of * Cf. Azalea Corporation, FCC 67R-536, 11 Pan American World Airways, Inc. America, Inc. v. FCC, Case No. 19, 904, 7 RR FCC 2d 86; Sioux Empire Broadcasting Co., Piedmont Aviation, Inc. 2d 2151 (U.S. App. D.C.) ; rehearing denied, 8 FCC 2d 605, 10 RR 2d 483 (1967), review wuantas Airways Ltd. Aug. 15, 1966; cert, denied, Feb. 13, 1967. denied FCC 67-1013, released Sept. 13, 1967.
FEDERAL REGISTER, VOL. 34, NO. 52— TUESDAY, MARCH 18, 1969 5348 NOTICES unchallenged showing of the petitioner 103,14 RR 2d 714, released November 13, Hampshire (WMUR-TV)", FCC 61-685, demonstrates that there are substantial 1968, the Commission designated the 21 RR 685 (1961); Central Coast Tele coverage differences between the two application for hearing on various is vision (KCOY-TV), 2 FCC 2d 306, 6 proposals involved in this proceeding, sues, including a determination of RR 2d 719 (1966). Finally, it is submitted and Idaho will be permitted to adduce whether the WATR proposal will comply that the burden of proof as to the re evidence of coverage under the general with the provisions of § 73.685(a) of the quested § 73.685(b) issue should be placed comparative issue.® Commission’s rules (Issue 1) and on WATR for the very same reasons that 5. Accordingly, it is ordered, That the whether grant of the proposal will have prompted petitioners to include a re petition to enlarge issues, filed Janu an adverse effect upon the development quest in the instant pleading for realloca ary 13,1969, by Eastern Idaho Television of UHF channel 59 in New Haven, Conn. tion of the. burden of proof in regard to Corp., is granted to the extent indicated (Issue 4). The burden of proceeding with the already specified §*73.685 (a) issue.8 herein and is denied in all other respects; the introduction of evidence and the 3. In opposition, WATR contends that and burden of proof with respect to these the Commission fully considered peti 6. It is further ordered, That the is issues were placed upon the parties re tioners’ showings in regard to their pre sues in this proceeding are enlarged by spondent, Connecticut Television, Inc., designation requests for a “shadowing” the addition of the following issue: licensee of Station WHNB-TV, New issue and concluded that a section To determine whether the facts found Britain, Conn. (Contel), and Impart Sys 73.685 (b) issue is unnecessary in this pro by the Commission in Television Com tems, Inc., permittee of Station WTVU, ceeding. Under these alleged circum pany of America, Inc., 1 PCC 2d 91, 5 New Haven (Impart). Presently before stances, it is WATR’s contention that RR 2d 81 (1965), involving KSHO-TV’s the Review Board is a petition to enlarge petitioners’ objections should be ad renewal, reflect adversely upon the com and modify issues, filed December 4, dressed to the Commission in the form parative qualifications of KBLI, Inc. to 1968, by Contel and Impart.1 Petitioners of a petition for reconsideration rather be a broadcast licensee; and seek the addition of § 73.685(b) and al than to the Board in the form of a peti ternate site issues to this proceeding and tion to enlarge issues. WATR asserts that 7. It is further ordered, That the request that the Review Board reallocate petitioners’ reliance on the Central Coast burden of proceeding with the introduc the burden of proof with respect to the case is misplaced since in that case there tion of evidence under the issue added already specified § 73.685(a) issue to the was a question concerning the extent of herein will be on Eastern Idaho Televi applicant. shadowing, and since the Commission sion Corp. and that the burden of proof has made clear in analogous proceedings will be on KBLI, Inc. Section 73.685(b) I ssue that the lack of line-of-sight transmis Adopted: March 10,1969. 2. Petitioners assert that, apparently sion is of no consequence where a city- through oversight, the Commission failed grade signal would be received, citing Released: March 12,1969. to include in its designation order an Alvarado Television Co., Inc. (KVOA- F ederal Communications inquiry into the applicant’s compliance TV), FCC 60D-109, 20 RR 882 (I960); Commission,® with § 73.685(b) of the rules, which ad United Television Company of New [seal] Ben F. Waple, monishes that antenna location should Hampshire (WMUR-TV), PCC 61D-181, Secretary. be so chosen as to provide line-of-sight 22 RR 852 (1961). According to the ap [F.R. Doc. 69-3219; Filed, Mar. 17, 1969; coverage of the principal community to plicant, the Commission properly con 8:48 a.m.] be served. Petitioners note that their pre cluded that a § 73.685(b) issue was im designation filings in this proceeding material here since the essential question dealt with the line-of-sight coverage to be resolved is whether the applicant [Docket No. 18376; FCC 69R-121] question, and that the Commission ac will provide city-grade service to Water WATR, INC. (WATR-TV) knowledged these predesignation re bury from the proposed transmitter site. quests for a § 73.685(b) issue at para 4. As noted by the Broadcast Bureau Memorandum Opinion and Order graph 5 of its designation order.2 in its comments on the instant request, Enlarging Issues According to Contel and Impart, the un it appears that the omission of a § 73.685 disputed facts show that WATR, from its (b) issue in the designation order was In re applications of WATR, Inc. proposed site, would fail to provide line- an oversight. The predesignation filings (WATR-TV), Waterbury, Conn., Docket of-sight transmission to' approximately in this proceeding challenged the WATR No. 18376, File No. BPCT-3888, for con 60 percent of the city of Waterbury, proposal in regard to its compliance with struction permit to change facilities of whereas only 17.6 percent of Waterbury is both § 73.685(a) and § 73.685(b) of .the existing television broadcast station. presently so disadvantaged. An engineer rules. In fact, the designation order, it 1. This proceeding involves the appli ing statement is attached to the instant self, at paragraphs 5 and 7, notes these cation of WATR, Inc. (WATR), licensee request in support of these assertions. challenges and recites the allegations in of television broadcast Station WATR- Petitioners further contend that past support of the claims that the WATR TV, Waterbury, Conn., for a construc precedent on the subject leads to tha con proposal will not place a minimum signal tion permit to make changes in its exist clusion that failure to provide line-of- of 80 dbu over Waterbury and that, from ing facilities. WATR seeks authority to sight coverage to the principal com the proposed site, there will be severe move the WATR-TV , transmitter site munity requires an independent issue, re shadowing. Footnote 2 of the designation from a point located 0.2 mile from Water gardless of whether the effect of that order, after a reference to the provision bury to a location about 8 miles south- failure is to reduce the .signal over the of § 73.685 for the minimum field in east of the present site; to increase the community to a value below the mini tensity to be provided to the principal height of the antenna above average ter mum specified in § 73.685(a), citing community, quotes, in its entirety. rain from 510 feet to 1,240 feet; and to United Television Company of New § 73.685(b) of the rules. In addition, increase visual effective radiated power paragraph 15 indicates that an appro from 200 kw to 792.5 kw. By Memo 1 Also before the Review Board are: (a) priate issue is required to permit tne randum Opinion and Order, 15 FCC 2d Opposition of WATR, filed Dec. 13, 1968; (b) parties an opportunity to make offers Broadcast Bureau’s comments, filed Jan. 6, proof based upon alternative methods ox 6 As pointed out by the Broadcast Bureau,1969; and (c) reply, filed Jan. 16, 1969, by Contel and Impart. On Dec. 13, 1968, WATR calculating shadow losses. Since the * in its comments, the Commission has held sue of city-grade service is already a ‘ that its Policy Statement on Comparative also filed a motion to expedite consideration Broadcast Hearings, supra, should govern the of the petition to enlarge and modify issues ignated in this proceeding and smc.® v. introduction of evidence in proceedings which will be dismissed in light of the Commission has considered the all g wherein a renewal application is contested Board’s consideration of the Contel and Im part requests herein. (Seven (7) League Productions, Inc., 1 FCC «These assertions concerning the al 2d 1597 (1965)), and that no special issue 2 In footnote 2 of its designation order, the Commission quotes § 73.685(b) in its entirety. tion of the burden of proof with respec is required to adduce evidence of comparative the requested issue (§ 73j685(b)) an coverage (Harriscope, InG., FCC 65-1165, 2 Petitioners also refer to an allegedly non- contextual reference to § 73.685(b) in para ready designated issue (§ 73.685(a)) a FCC 2d 223). sidered at paragraphs 9 and 10, infra. •Board Member Nelson absent. graph 7 of the designation order.
FEDERAL REGISTER, VOL. 34, NO. 52— TUESDAY, MARCH 18, 1969 NOTICES 5349 tions of shadowing and has determined 6. WATR, In opposition, claims that stations will not be accepted for filing if that the parties must be given an oppor petitioners’ request for an alternate site they failed to comply with the television tunity to be heard in the evidentiary issue suffers from the same fatal defect allocation plan (the minimum mileage hearing, the Board is of the view that as the request for a § 73.685(b) issue, i.e., separations set forth in the rule). In the the failure to specify a § 73.685(b) issue the question was raised in predesignation cases cited by petitioners to support their was merely an inadvertent omission filings and petitioners have failed to al request for an alternate site issue,7 such which should be corrected. See Atlantic lege that their contentions were not con an issue was specified because the tech Broadcasting Company, 4 FCC 2d 943, sidered by the Commission. WATR also nical proposals did not comply with mini 8 RR 2d 599 (1966). Moreover, past prec claims that petitioners have not made a mum mileage separations and involved edent supports the inclusion of the issue prima facie showing that a suitable al the short-spacing of television broadcast in addition to, and independent of, an ternate site is available; the applicant facilities. In this proceeding, there is no inquiry into city-grade service (see Cen notes that the calculations regarding the question of noncompliance with the tral Coast Television (KCOY-TV), gains in area and population allegedly Commission’s allocation plan, and issues supra; WSTE-TV, Inc. (WSTE), FCC possible from improvement of WATR’s requiring determinations as to other al 69R-72, released February 11, 1969). The facilities at its present site are based leged, but less serious, deficiencies in the § 73.685(b) issue will be added to permit upon predicted contours and do not take technical proposal have been or will be resolution of the shadowing question* into account terrain features. WATR ar designated for hearing. These issues gues that petitioners cannot rely upon (§ 73.685 (a) and (b)) are sufficient to A lternate S ite I ssue terrain features in attempting to estab reach a final determination, subsequent 5. Petitioners contend that the applilish WATR’s failure to provide city-grade to the adduction and evaluation of evi cant’s expressed rationale for the pro service and, simultaneously, ignore ter dence, as to whether a grant of the posed changes in WATR-TV’s facilities, rain in attempting to establish that WATR proposal at the proposed location i.e., improved facilities are important to WATR can make the desired improve would be in the public interest, especially the station’s continued viability, assumes ment in facilities from its present site. since the proposal complies with the that an alternate site is not available. It is noted that, if WATR’s predicted Commission’s allocation plan. In light of Contel and Impart, however, contest this contours actually defined the extent of existing Commission precedent and of alleged assumption and assert that the the station’s service, there would be no petitioners’ showing herein, it would be applicant could improve its facilities at need for the proposed changes since inappropriate to order WATR to hearing another site without a loss of service to New Haven County is presently within on an issue as to an alternative site for Waterbury, without a de facto channel the predicted Grade A contour of the which it has not applied. The Commis reallocation to New Haven and with sub station. The Broadcast Bureau, also in sion has thoroughly discussed the haz stantial gains in area and population opposition, points out that the Commis ards and burdens involved in allowing served, which would contribute to the sion has not required evidentiary show applications for changed facilities to be station’s viability. Basing their conten ings on hypothetical alternative sites or measured against possible alternatives in tions on the engineering statement at other facets of a technical proposal un WKYR, Inc., supra.8 In the circumstances tached to the instant petition, Contel and less the proposal was found to be inher present here, which differ from those in Impart stress that such an alternate site ently deficient, citing WKYR, Inc., FCC cases involving proposals contrary to the is the existing WATR-TV site, 0.2 mile 63-893, 1 RR 2d 314 (1963); that the Commission’s allocation plan, an alterna from Waterbury. It is alleged that, if Commission has found no inherent de tive proposal which did not provide a WATR were to operate with its antenna ficiency, such as short-spacing, here; service substantially similar to that pro at higher elevation at the present site and that the claim of WATR’s noncom posed by WATR would not be relevant with the effective radiated power pro pliance with section 73.685(a) is in to the ultimate determination required in posed, it would provide a greater line- dispute. this proceeding. In this connection, the of-sight transmission to Waterbury and 7. Petitioners reply that, since there Board notes that, according to peti would increase the populations served was no reference in the designation or tioners’ engineering tabulations, WATR’s within its predicted Grade A and B con der to their alternate site allegations, the proposed operation will encompass within tours; or that, if WATR were to use Review Board may properly consider the its Grade A contour at least 450,000 more greater power with its present antenna question on the merits, citing Atlantic persons, and within its Grade B contour system, it would increase overall cover Broadcasting Co., supra; that they have at least 1,280,000 more persons, than age and improve the signal strength to alleged sufficient facts to warrant addi would be encompassed within such con areas presently served. With reference tion of the alternate site issue; and that tours if WATR remained at its present to the assumption of WATR’s operation there is no inconsistency in their reliance site with increased antenna height at 1,549 feet AMSL at its present site, upon sophisticated engineering analyses (1,549 ft.). Even greater differences exist petitioners rely on an affidavit of an to calculate the limiting effects of terrain if the other alternatives suggested by the aeronautical consultant, who states that upon signal propagation for purposes of petitioners are utilized. In addition, the favorable approval for this antenna determining compliance with technical contour maps included in petitioners’ height at the present site could be ob standards while not relying upon similar pleading establish that the areas served tained from the Federal Aviation Admin analyses in calculating overall popula by WATR’s proposal and those served by istration. Petitioners argue that, on the tions served or to be served. Contel and petitioners’ alternate proposals are not basis of this prima facie showing, addi Impart contend that the WATR proposal substantially similar. Further, the Board tion of the requested alternate site issue does contain inherent deficiencies in its is warranted, citing WLCY-TV, Inc., 6 is asked to assume zoning approval of a failure to comply with section 73.685(b) higher antenna at the existing WATR FCC 2d 213, 8 RR 2d 1333 (1966) .5 and in its potential failure to comply with section 73.685(a) . Filially, petitioners as 7 WLCY-TV, Inc., supra; WTCN Televi B ^ is®ue is being added in spite of sert that the fact that prior Commission sion, Inc. (WTCN—TV ), 1 FCC 2d 337, 5 RR WATR’s apparent concession that, from the precedent involved considerations of 2d 572 (1965); 14 FCC,2d 870, 14 RR 2d 485 proposed new site, the station would not short-spacing should not call for a dif (1968). provide line-of-sight transmission to 60 per- 8 The WKYR case is only one of the many cent of the city of Waterbury. A resolution ferent result here. proceedings in which the Commission has oi the question of the extent of shadowing is 8. In implementing the Commission’s recognized that the introduction of a stand necessary to permit its consideration here, television allocation plan,6 § 73.610 of the ard which requires a comparison of hypo especially in light of recent precedent where thetical alternatives would impose a burden ai ure to provide line-of-sight service to rules provides that applications for new of impossible magnitude upon its processes. immunity assumed decisional television broadcast stations or for See also John Poole Broadcasting Co. (KBIG), ^ ^ £ ance- See Central Coast Television changes in transmitter sites of existing 9 RR 1018 (1953) ; Sanford A. Schafitz, FCC (1968)Y TV)’ FCC 68R"_446> 14 RR 2d 575 58-413, 14 RR 852 (1958); Television Broad casters, Inc., FCC 65-15, 4 RR 2d 119 (1965); ior purpose of clarifying 8 Logansport Broadcasting Corp. v. United TLB, Inc. (WTCN—TV ), FCC 65-103, 4 RR 2d burden of proof, 6 FCC 2d 550, States, 210 F. 2d 24 (D.C. Cir. 1954), 10 RR 508 (1965); Selma Television, Inc. (WSLA— 9 RR 2d 142 (1967). 2008. TV), FCC 65-216, 4 RR 2d 7l4 (1965).
FEDERAL REGISTER, VOL. 34, NO. 52— TUESDAY, MARCH 18, 1969 5350 NOTICES site. In evaluating the petitioners’ total burdens was proper since Issue 1 was 15. It is further ordered, That the mo- showing, therefore, the Board can only added on the basis of petitioners’ showing tion tcfexpedite consideration, filed De conclude that petitioners have failed to of alternative methods of calculation. In cember 13, 1968, by WATR, Inc., is present a prima facie showing sufficient similar vein, the Bureau urges that the dismissed. to warrant addition of the requested issue burdens of proceeding and proof on the Adopted: March 11,1969. on hypothetical alternative sites. If the § 73.685(b) issue should also be placed Board is imposing a heavy burden upon on the petitioners. Released: March 12,1969. petitioners in this regard, as they sug 10. Since there was no discussion in F ederal Communications gest, such a procedure is justified here the designation order, itself, concerning Co m m issio n ,14 since an easier burden could only result the allocation of the burdens of proceed [seal] B en F . W aple, in the future examination of every tele ing and proof on Issue 1, the Board will Secretary. vision application to determine whether consider the matter on its merits. Atlan superior coverage might be achieved from [F.R. Doc. 69-3220; Filed. Mar. 17, 1969; tic Broadcasting Co., supra. Even though 8:48 a.m.] another site or with a higher antenna the petitioners were the protagonists and/or more power at the existing site. here in urging the Commission and the Every alleged and conceded violation of Board to include § 73.685 jCa) and (b) the Commission’s technical requirements issues in this proceeding, these inquiries FEDERAL MARITIME COMMISSION could conceivably result in such an exam ultimately involve the question of the ination. WKYR, Inc., supra. We decline applicant’s technical qualifications. In to complicate further an already involved BORDAS LINES, INC., AND SEA-LAND such circumstances, the applicant should SERVICE, INC. proceeding on the basis of the petitioners’ bear the ultimate burden of proof to showing, and, accordingly, the request demonstrate whether or not its proposal Notice of Agreement Filed for for an alternate site issue will be denied. complies with said provisions. Where the Approval B urden of P roof same issues have been specified in the past, at the insistence of objecting par Notice is hereby given that the follow 9. The designation-order specified thatties, the Commission has charged the ing agreement has been filed with the the respondents, Contel and Impart, applicant who seeks relief, such as a Commission for approval pursuant to would assume the burden of proceeding change in existing facilities, with the section 15 of the Shipping Act, 1916, as with the introduction of evidence and duty of demonstrating its technical qual amended (39 Stat. 733, 75 Stat. 763, 46 the burden of proof with respect to Issue ifications or the need for waiver of the U.S.C. 814). 1, which would inquire into whether Commission’s requirements concerning Interested parties may inspect and ob WATR’S proposal would place an 80 dbu said qualifications. Central Coast Tele tain a copy of the agreement at the signal over the entire principal commu vision (KCOY-TV), 2 FCC 2d 306, 6 RR Washington office of the Federal Mari nity to be served, as required by 2d 719 (1966); cf. American Colonial time Commission, 1405 I Street NW., § 73.685(a). Petitioners now request that Broadcasting Corp., FCC 64-354, 2 RR 2d Room 1202; or may inspect agreements the burden of proof on Issue 1, as well 384 (1964). A similar course seems ap at the offices of the District Managers, as on the requested § 73.685(b) issue be propriate here, especially in light of the New York, N.Y., New Orleans, La., and placed on the applicant. In support petitioners’ assumption of the burden of San Francisco, Calif. Comments with proceeding with the introduction of reference to an agreement including a thereof, petitioners contend that the request for hearing, if desired, may be Commission’s action herein represents evidence concerning their showing of alternative methods of calculation. submitted to the Secretary, Federal Mari an abrupt departure from established time Commission, Washington, D.C. precedent and that, since these issues of Therefore, the burden of proof with re spect to Issue 1 and to the issue desig 20573, within 20 days after publication of city-grade coverage and line-of-sight nated herein (§ 73.685(b)) will be placed this notice in the F ederal R egister. A transmission relate to the basic technical on the applicant. copy of any such statement should also qualifications of WATR, the applicant be forwarded to the party filing the should have the burden of showing com 11. Accordingly, it is ordered, That the agreement (as indicated hereinafter) pliance with the Commission’s rules (or, petition to enlarge and modify issues, and the comments should indicate that presumably, the need for waiver filed December 4, 1968, by Connecticut this has been done. thereof) .* In opposition, WATR contends Television, Inc., and Impart Systems, Notice of agreement filed for approval that petitioners’ request is nothing more Inc., is granted to the extent indicated by: below and is denied in all other respects; than a plea for reconsideration of the Mr. F. Hiljer, Jr., Commerce Manager, Sea- designation order; that petitioners have and Land Service, Inc., Post Office Box 1050, 12. It is further ordered, That the is Elizabeth,- N.J. 07207. presented no facts which were not before sues in this proceeding are enlarged by the Commission at the time of designa the addition of the following issue; Agreement No. 9788, between Bordas tion and have not claimed that the Com To determine whether a grant of the Lines, Inc., and Sea-Land Service, Inc., mission failed to consider the matter application would be consistent with covers and is restricted to the movement fully; and that the Commission’s alloca § 73.685(b) of the Commission’s rules of cargo on through bills of lading from tion of the burden of proof was consist with respect to shadowing in, and line-of- ports of Colombia, South America to U.S. ent with earlier cases in which the Com sight to, Waterbury, Conn., and, if not, Atlantic coast ports with transshipment mission held that parties making par whether circumstances exist which would at San Juan, P.R. in accordance with the ticular charges should have the bur warrant a waiver of the rule. terms and conditions set forth in the den of establishing their validity. The 13. It is further ordered, That the allo Agreement. . . Broadcast Bureau also opposes the re cation of the burden of proof under Is By order of the Federal Maritime quest and asserts that the allocation of sue 1 in this proceeding is modified to Commission. show that said burden is placed upon the Dated: March 13, 1969. 9 Petitioners, as noted in their reply pleadapplicant herein; and T homas Lis i, ing, have accepted the burden of proceeding 14. It is further ordered, That the bur Secretary. as to Issue 1, without prejudice to their posi den of proceeding with the introduction tion that the burden of proof should be of evidence under the issue added herein [F.R. Doc. 69-3236; Filed, Mar. 17, 1969; placed on WATR. Petitioners are apparently 8:49 a.m.] willing to accept the burden of proceeding will be upon the parties respondent, and as to the § 73.685(b) issue since their request the burden of proof thereunder will be herein deals only with the burden of proof. upon the applicant; and 19 Board Member Nelson not participating.
FEDERAL REGISTER, VOL. 34, NO. 52— TUESDAY, MARCH 18, 1969 NOTICES 5351
RETLA STEAMSHIP CO. ET AL. Commission for approval pursuant to license to operate as a small business in section 15 of the Shipping Act, 1916, as vestment company (License No. 02/02- Notice of Agreement Filed for amended (39 Stat. 733, 75 Stat. 763, 46 0066). The licensee was incorporated on Approval U.S.C, 814). March 22, 1961, under the laws of the Notice is hereby given that the follow Interested parties may inspect and State of New York, and licensed by the ing agreement has been filed with the obtain a copy of the agreement at the Small Business Administration on Commission for approval pursuant to Washington office of the Federal Mari April 26,1961, to operate solely under the section 1? of the Shipping Act, 1916, as time Commission, 1405 I Street NW., Small Business Investment Act of 1958, amended (39 Stat. 733, 75 Stat. 763, 46 Room 1202; or may inspect agreements as amended (15 U.S.C., 661 et seq.). U.S.C. 814). at the office of the District Managers, Prior to .final action on this request, Interested parties may inspect and New York, N.Y., New Orleans, La., and consideration will be given to any com obtain a copy of the agreement at the San Francisco,- Calif. Comments with ments pertaining to the proposed sur Washington office of the Federal Mari reference to an agreement including a render which are submitted in writing, time Commission, 1405 I Street NW., request for hearing, if desired, may be to the Associate Administrator for In Room 1202; or may inspect agreements submitted to the Secretary, Federal vestment, Small Business Administration, at the offices of the District, Managers, Maritime Commission, Washington, D.C. 1441 L Street NW., Washington, D.C. New York, N.Y., New Orleans, La., and 20573, within 20 days after publication 20416, within ten (10) days of the date of San Francisco, Calif. Comments with of this notice in the F ederal R egister. publication of this notice. reference to an agreement including a A copy of any such statement should If no comments are received within request for hearing, if desired, may be - also be forwarded to the party filing the specified period of time, under the submitted to the Secretary, Federal the agreement (as indicated herein-' authority vested by the Small Business Maritime Commission, Washington, D.C. after) and the comments should indi Investment Act of 1958, as amended, 20573, within 20 days after publication cate that this has been done. and the regulations promulgated there of this notice in the F ederal R egister. Notice of agreement filed for approval under, the surrender of the license of A copy of any such statement should by: Small Business Assistance Corp. will be also be forwarded to the party filing Amy Scupi, Esq., Galland, Kharasch, Calkins accepted, and Small Business Assistance the agreement (as indicated herein & Lippman, 1824 R Street NW., Washing Corp., accordingly, will no longer be li after) and the comments should indi ton, D.C.20009. censed to operate as a small business in cate that this has been done. vestment company. Retla Steamship Co., Evans Products Agreement No. 9784, between Retla Co., and Star Bulk Shipping Co. A/S.' Steamship Co. (Retla) and Star Bulk Dated: March 10, 1969. Shipping Co. (Star), self described as J ames T homas P helan, Notice of agreement filed for approval common carriers of “steel, plywood and by: Acting Associate general cargoes from Japan” to west Administrator for Investment. Amy Scupi, Esq., Galland, Kharasch, Calkins coast ports of the United States is a & Lippman, 1824 R Street NW., Washing combination agency-sailing-rate m ak in g [F.R. Doc.. 69-3233; Filed, Mar. 17, 1969; ton, D.C. 20009. arrangement between the two lines. 8:49 a.m.] Agreement No. 9785, between iRetla Pertinently, Star appoints Retla as its Steamship Co. (Retla), Evans Products general agent in Japan to perform Co. (Evans), and Star Bulk Shipping solicitation, booking, and vessel oper Co. (Star), self-styled common carriers ating services; Star appoints Retla’s FEDERAL POWER COMMISSION in the trade “from Japan to United subsidiary, Aradne Agencies, as its hus [Docket No. G-5236, etc.] States West Coast ports” is a rate mak banding agent in Los Angeles and Long ing arrangement between the three sub Beach; because Retla also operates in CABOT CORP. ject to the limitations set forth in ap the same trade, Retla agrees “to use its proved Agreement No. 9549, between best efforts to coordinate the schedules” Notice of Petitions To Amend Orders Retla and Evans, and Agreement No. of Star’s and Retla’s ships in order to Issuing Certificates of Public Con 9784, between Retla and Star (filed but achieve maximum utilization of all ves venience and Necessity not as yet approved). Pertinently, Agree sels in the trade from Japan to Pacific ment No. 9549 permits Retla, as agent coast ports of the United States; Star M arch 10, 1969. of Evans, to establish its own and and Retla may agree upon and establish Take notice that on May 16, 1960, Evans’ rates unilaterally, or jointly witli the rates, rules and regulations pertain Cabot Corp., 125 High Street, Boston, Evans, in a wide range of trans-Pacific ing to the handling and carriage of car Mass. 02110, filed in Docket No. G-5715 wades including that from Japan to the goes to be reflected in separate or joint a petition to amend the order issued pur Pacific coast of the United States (the tariffs. suant to section 7(c) of the Natural Gas trade). Whenever such powers are exer By order of the Federal Maritime Act in said docket by authorizing the sale cised by Retla, or Retla and Evans, pur Commission. of natural gas from additional acreage, suant to Agreement No. 9549, with re all as more fully set forth in the petition spect to the trade, Agreement No. 9785 Dated: March 13,1969. to amend which is on file with the Com would pennit Star to participate in the T homas Lis i, mission and open to public inspection. rate making process which “* * * when Secretary. Take further notice that on Septem oil +igreed * * * shall be the rates for [F.R. Doc. 69-3238; Filed, Mar. 17, 1969; ber 19, 1960, Cabot Corp. filed in all the parties.” 8:49 a.m.] Docket No. G-5236 et al., a petition to Dated: March 13,1969. amend the orders issuing certificates of Public convenience and necessity in said Conmii^kT °f the Federal Maritime dockets to Godfrey L. Cabot, Inc., Cabot SMALL BUSINESS Carbon Co., and Cabot Gasoline Corp., by T homas Lis i, authorizing Cabot Corp. to continue the Secretary. ADMINISTRATION sales of natural gas authorized in said [F.R. Doe. 69-3237; Piled, Mar. 17, 1969; dockets, all as more fully set forth in the 8:49 a.m.] SMALL BUSINESS ASSISTANCE CORP. petition to amend which is oVi file with the Commission and open to public in Notice of Surrender of License spection. The petition states that by retl^..stea m sh ,p c o * a n d STAR bulk STEAMSHIP CO. A/S Notice is given hereby that Small Busi agreement of July 21, 1960, Cabot Corp. ness Assistance Corp., New York, N.Y., merged Godfrey L. Cabot, Inc., Cabot Notice of Agreement Filed for has, pursuant to § 107.105 of the regula Carbon Co., and Cabot Gasoline Corp. Approval tions governing small business invest effective September 30, 1960. is heFeby ^ ven that the follow- ment companies (13 CFR Part 107, 33 Protests or petitions to intervene may s eements have been filed with the F.R. 326), requested the surrender of its be filed with the Federal Power Commis-
FEDERAL REGISTER, VOL. 34, NO. 52— TUESDAY, MARCH 8, 1969 sion, Washington, D.C. 20426, in accordance with the rules of practice and D ocket N o rnoe rres' Si procedure (18 CFR 1.10 or 1.8) on or before April 3, 1969. and Applicant Purchaser, field, and location perMcf sure date filed ba8e Gordon M. G rant, Secretary. G-11659_____ Cabot Corp; (SW) (successor to Ca- Northern Natural Gas Co., acreage 15.5 14.65 E 9-19-60 bot Carbon Co.); in Ochiltree County, Tex. G-13763...... Cabot Corp. (GLC) (successor to Consolidated Gas Supply Corp., 27.5 15.325 Price Pres E 9-19-60 Godfrey L. Cabot, Inc.). Houston Township, Clearfield Pocket No; Purchaser, field, and location per Mcf sure County, Pa. and Applicant Northern Natural Gas Co., Mocane 15.0 14.65 date filed base G-14301...... Cabot Corp. (SW) (successor to Cabot E 9-19-60 Carbon Co.). Field, Beaver County, Okla. G-14747...... do...... -...... Northern Natural Gas Co., acreage in 16.5 14.65 Consolidated Gas Supply Corp., acre- 20.0 15.325 Hansford and Ochiltree Counties, G-5236...... Cabot Corp. (GLC) (successor to E 9-19-60 Tex., and Beaver County, Okla. E 9-19-60 Godfrey L. Cabot, Inc.). age in Calhoun County, W. Va. Consolidated Gas Supply Corp., acre- 125.08 15.325 G-15191...... do ...... Panhandle Eastern Pipe Line Co., 16.0 14.65 age in Kanawha County, W. Va. E 9-19-60 Hansford Field, Hansford County, Consolidated Gas Supply Corp., acre- 25.0 15.325 T©x. age in Roane and Calhoun Counties, G-15221 ... Cabot Corp; (GLC) (successor to Consolidated Gas Supply Corp., 27.5 15.325 W. Va. E 9-19-60 Godfrey L. Cabot, Inc.). , Houston Township, Clearfield Consolidated Gas Supply Corp., acre- 20.0 15.325 County, Pa. age in Kanawha and Boone Coun G-1811811...... do...... Gas Transport, Inc., acreage in Wood 29.7 15.325 ties, W. Va. E 9-19-60 A . and Jacksofi Counties, W. Va. Consolidated Gas Supply Corp., Cen- 19.0 15.325 G-19528...... Cabot Corp. (SW) (successor to Cabot Michigan Wisconsin Pipe Line Co., 1017.0 14.65 ter District, Wyoming County, W; E 9-19-60 Carbon Co.). Laveme Field, Harper County, Va. Okla. Consolidated Gas Supply Corp., 3 21.91 15.325 Browns Creek District, McDowell County, W. Va. Atlantic Seaboard Corp., Slab Fork 20.0 15.325 a G^Exchmge^greemeifiSffOT gas delivered to Consolidated. If Consolidated delivers excess gas to Cabot, District, Raleigh County, W. Va. Cabot pays 19.91 cents per Mcf to Consolidated. United Fuel Gas Co., acreage in Wyo- / »24.5 j 15.325 3 S u m m e r Gas (to be redelivered to United). ming County, W. Va. 1 ‘ 25.5 United Fuel Gas Co., Cabin Creek 18.0 15.325 «Amendment filed to change depth limitation for acreage underlying sec. 11, T. 3 M., R. 16 ECM., from the base of District, Kanawha County, W. Va. the Chase Group to the Pennsylvanian Formation. The Sylvania Corp., Benezette Town- 25.0 15.325 ® No Dries involved. Gas Exchange Agreement on Mcf for Mcf basis. . „ . , XT ^ 10040 an a ship, Elk County, Pa. 7 Rate in effect subject to refund in Docket No. RI60-27; also subject to proceedmgs in Dockets Nos. G-18842 and G-5715...... Cabot Corp. (SW) (successor to Cabot Panhandle Eastern Pipe Line Co., 7.063 14.65 E 9-19-60 Carbon Co.). acreage in Hutchinson County, Tex. « Rate' in effect subject to refund in Docket No. G-17153. NOTICES Northern Natural Gas Co., Guymon 15.0 14.65 t Rate in effect subject to refund in Docket No. RI60-318. 5-16-608 ...... do...... J...... Hugoton Field, Texas County, Okla. Northern Natural Gas Co., acreage in («) u Riteki efiecrsubje^to’refmd3^ D’ocket No, RI60-318; also subject to proceedings in Dockets Nos. G-18415, Gray and Carson Counties, Tex. El Paso Natural Gas Co., Yarbrough- 6.56 14.65 G«1 Appliration”filed9by Cabot Corp. (SW) to succeed to the properties of Cabot Carbon Co., one of the “et al” Allen Field, Ector County, Tex. El Paso Natural Gas Co., Denton 117.0 14.65 P^Im>iudesr^w r^p^M cf^^p^Sm cha^e and^0.0M4 cent per Mcf tax reimbursement; rate in effect subject Plant, Lea County, N. Mex. to refund in Docket No. G-17059. MAPCO Production Co., acreage in 8.26 14.65 14 pending—no permanent certificate issued. Texas County, Okla. Phillips Petroleum Co;, acreage in 9.8262 14.65 [F.R. Doc. 69-3131; Filed, Mar. 17, 1969; 8:45 a.m.] Texas County, Okla. G-6825...... do...... Colorado Interstate Gas Co., a divi- 8 16.0 14.65 E 9-19-60 sion of Colorado Interstate Corp., C 4-15-63 Keyes Field, Texas County, Okla. [Docket No. CP68-214; Phase I] operate various mainline facilities and to G-8483...... —do...... Panhandle Eastern Pipe Line Co., •12.0 14.65 increase sales and deliveries of natural E 9-19-60 Hugoton Field, Seward County, Kans. PANHANDLE EASTERN PIPE LINE CO. gas to certain customers. Seventeen of G-10673...... Cabot Corp; (SW) (Operator) et al. Colorado Interstate Gas Co., a divi- 1° 15.0 14.65 Petitioner’s utility customers have, now G-12643 (successor to Cabot Carbon Co. sion of Colorado Interstate Corp., Notice of Petition To Amend G-12960 (Operator) et al.). Mocane Field, Beaver County, Okla. requested adjustments in their summer E 9-19-60 M arch 13, 1969. contract demands, and, accordingly, Pe G-10976—...... Cabot Corp. (SW) (successor to Cabot Panhandle Eastern Pipe Line Co., 16.0 14.65 E 9-19-60 Carbon Co.). Morrow Field, Seward County, Take notice that on March 6, 1969, titioner requests the order of June 21, Kans. Panhandle Eastern Pipe Line Co. (Peti 1968, be amended to allow for the follow G-11221...... do...... Natural Gas Pipeline Co. of America, »116.8 14.65 ing revisions in the contract demand for E 9-19-60 Camrick Southeast Pool, Beaver tioner) , 1 Chase Manhattan Plaza, New County, Okla. York, N.Y. 10005, filed in Docket No. the period April through October 1969: G-11517...... do...... — - . Panhandle Eastern Pipe Line Co., 16.0 14.65 F 9-19-60 Camrick-Morrow Field, Texas CP68-214 a petition to amend the order Additional County, Okla. issued in said docket on June 21,1968, by n et demand G-11564...... Pan American Petroleum Corp. (Op- Northern Natural Gas Co., Prentice u 13.0504 14.65 revising the contract demands of certain Customer (Mcf) E 9-19-60 erator).« Gasoline Plant, Yoakum County, Tex. utility customers for the period of April Associated Natural Gas Co------11,000 through October 1969, all as more fully Battle Creek Gas Co------^-r- 24,500 Filing code: A—Initial service. Central Indiana Gas Co., Inc— !— L_ l 8 ,000 B—Abandonment; set forth in the petition to amend which C—Amendment to add acreage. Central Illinois Public Service Co___ 5,000 D—Amendment to delete acreage. is on file with the Commission and open Commonwealth Edison Co------4, 600 E—Succession. to public inspection. Illinois Power Co_------10,000 F—Partial succession. By the aforementioned order, Peti City of Macon______1,650 See footnotes at end of table. tioner was authorized to construct and Michigan Gas Utilities------!------2, 000
FEDERAL REGISTER, VOL. 34, 52— TUESDAY, MARCH 18, 1969 NOTICES 5353
Additional Any person desiring to be heard or to cordance with the rules of practice and n et demand make any protest with reference to said procedure (18 CFR 1.8 or 1.10) and the Customer (Me/) application should on or before April 30, regulations under the Natural Gas Act Missouri Edison------300 Missouri Power & Light Co------17,000 1969, file with the Federal Power Com (157.10) on or before April 7. 1969. Missouri Public Service Co______1,200 mission, Washington, D.C. 20426, peti Take further notice that, pursuant to City of Morton------3, 300 tions or protests in accordance with the the authority contained in and subject Ohio Gas Co------8,800 requirements of the Commission’s rules to the jurisdiction conferred upon the Richmond Gas Corp------8,460 of practice and procedure (18 CFR 1.8 or Federal Power Commission by sections 7 City of Roodhouse______550 1.10). The application is on file with and 15 of the Natural Gas Act and the The Toledo Edison Co______1, 000 the "Commission and available for public Town Gas Co. of Illinois______300 Commission’s rules of practice and pro inspection. cedure, a hearing will be held without 1 Net decrease. - G ordon M. G rant, further notice before the Commission In this instance it appears that a Secretary. on this application if no protest or peti shorter notice period is reasonable and [FE , Doc. 69-3192; Filed, Mar. 17, 1969; tion to intervene is filed within the time consistent with the public interest, and, 8:46 a.m.] required herein, if the Commission on its therefore, protests or petitions to inter own review of the matter finds that a vene may be filed with the Federal Power [Docket No. CP69-233] grant of the certificate and permission Commission, Washington, D.C. 20426, in and approval for the proposed abandon accordance with the rules of practice and KANSAS-NEBRASKA NATURAL GAS ment is required by the public conven procedure (18 CFR 1.8 or 1.10) and the CO., INC. ience and necessity. If a petition for leave regulations under the Natural Gas Act to intervene is timely filed, or if the (157.10) on or before March 25, 1969. Notice of Application Commission on its own motion believes M arch 11, 1969. that a formal hearing is required, further G ordon M. G rant, notice of such hearing will be duly given. Secretary. Take notice that on March 4, 1969, Kansas-Nebraska Natural Gas Co., Inc. Under the procedure herein provided [FR. Doc. 69-3218; Piled, Mar. 17, 1969; for, unless otherwise advised, it will be 8:48 am .] (Applicant), Hastings, Nebr. 68901, filed in Docket No. CP69-233, an application unnecessary for Applicant to appear or be pursuant to section 7 (b) and (c) of the represented at the hearing. [Project No. 2662] Natural Gas Act for a certificate of public G ordon M. G rant, CONNECTICUT LIGHT AND POWER convenience and necessity authorizing Secretary. the construction and operation of cer CO. [FE . Doc. 69-3193; Filed, Mar. 17, 1969; tain facilities and the removal of certain 8:46 a.m.] Notice of Application for License for facilities, all as more fully set forth in the application which is on file with the Constructed Project Commission and open to public [Docket No. G—2594 etc.] March 11,1969. inspection. SOUTHWEST GAS PRODUCING CO., Specifically, Applicant desires to Public notice is hereby given that ap install: INC., ET AL. plication for license has been filed under (a) 1,100 horsepower compressor ad Findings and Order the Federal Power Act (16 U.S.C. 791a- dition at Huntsman station near Sidney, 825r) by the Connecticut Light and Nebr. March 6,1969. Power Co., (correspondence to: Warren (b) 1,100 horsepower compressor ad Southwest Gas Producing Co., Inc. A. Greten, Vice President, The Connecti dition at Big Springs, Nebr. (Operator), et al. and other applicants cut Light and Power Co., Post Office Box (c) Parallel approximately 11.6 miles listed herein, Docket No. G-2594 et al. 2010, Hartford, Conn. 06101) for con of existing 10-inch pipeline with new 12- and Payne Producing Co. (successor to struction Project No. 2662, known as the inch pipeline between Hershey and North CRA, Inc.), Docket No. CI69-376. Scotland Project, located on the She- Platte, Nebr. In the findings and order after statu tucket River, in Windham County, Conn., (d) Parallel approximately 16 miles of tory hearing issuing certificates of pub in the town of Windham near the city of existing 8-inch pipeline with new 12-inch lic convenience and necessity, amending Willimantic. pipeline between Riverdale and Grand orders issuing certificates, permitting and The existing Scotland Project consists Island, Nebr, approving abandonment of service, ter oí'• (1) A dam incorporating a 30-foot- (e) Parallel approximately 10 miles of minating certificates, making successors high earth dike about 183 feet long, a existing 8-inch pipeline with new 8-inch co-respondents, redesignating proceed concrete spillway section containing five pipeline between Cedar Rapids and ings, requiring filing of agreement and 20-foot-wide by 14-foot-high tainter Albion, Nebr. undertaking, accepting agreement and gates, an Ambursen-type ungated spill (f) Replace approximately 5.2 miles undertaking for filing, and accepting re way section about 89 feet long, a gravity- of 2-inch with a 3-inch pipeline in the lated rate schedules and supplements for type ungated spillway section about 19 Pierce, Nebr. lateral. filing, issued January 14, 1969, and pub leet long, and a powerhouse section (g) 3,400 horsepower compressor addi lished in the Federal R egister (34 F.R. ^teining one generating unit rated at tion at Lakin, Kans. 1074) on January 23, 1969, on page 2, A000 kw.; (2) a reservoir covering about (h) Parallel approximately 17.8 miles second paragraph, first line: Change 10Í7 *cres at normal full pond elevation of existing 18-4nch pipeline with new Docket No. “CI69-476” to read Docket 127 feet (USGS Datum) with normal 12-inch pipeline between Lakin and No. “CI69-376”. drawdown of about 2 feet; and (3) ap- Scott City, Kans. Gordon M. G rant, purtenant facilities. While there are no (i) Replace approximately 10 miles of Secretary. existing recreational facilities at the s6-inch with a 3-inch pipeline in the Guide [F.R. Doc. 69-3194; Filed, Mar. 17* 1969; application for license states Rock, Nebr., lateral. 8:46 a.m.] siPce the Shetucket River has a Applicant states these facilities are deal of potential for a canoeing necesary to meet increase firm market tream, Applicant proposes to provide a demands of the towns presently con boat access area in the city of nected with Applicant’s system. Appli- FEDERAL RESERVE SYSTEM Ulimantic at the existing Recreation cant estimates the cost of these facilities ark located at the beginning of the She- at $2,649,000, which it intends to finance DACOTAH BANK HOLDING CO. Uc et River—providing the city ap from current working capital, with Order Approving Application Under loyes, and a ramp for small boats interim bank loans if necessary. Protests or petitions to intervene may Bank Holding Company Act a haPd winch to assist in handling small craft. be filed with the Federal Power Com In the matter of the application of mission, Washington, D.C. 20426, in ac Dacotah Bank Holding Co., Aberdeen,
No. 52- FEDERAL REGISTER, VOL. 34, NO. 52— TUESDAY, MARCH 18, 1969 5354 NOTICES S. Dak., for approval of action to become exchange is required in the public inter a bank holding company through the ac GENERAL SERVICES est and for the protection of investors; quisition of up to 100 percent of the vot It is ordered, Pursuant to Section ing shares of Farmers and Merchants ADMINISTRATION lS(c) (5) of the Securities Exchange Act Bank, Aberdeen; Citizens State Bank, [Federal Procurement Reg.; Temporary of 1934, that trading in such securities Clark; and Citizens Bank of Mobridge, Reg. 18] otherwise than on a national securities exchange be summarily suspended, this Mobridge, all in South Dakota. COSTS APPLICABLE TO GRANTS AND There has come before the Board of order to be effective for the period Governors, pursuant to section 3(a) (1) CONTRACTS WITH STATE AND March 13, 1969, through March 22,1969, of the Bank Holding Company Act of LOCAL GOVERNMENTS both dates inclusive. ^ 1956 (12 U.S.C. 1842(a) (D ), and § 222.3 Determination By the Commission. (a) of Federal Reserve Regulation Y (12 [ seal] O rval L. D tjB ois, CFR 222.3(a)), an application by Daco- 1. Purpose. This regulation amends Secretary. tah Bank Holding Co., Aberdeen, S. Dak., the provisions of the Federal Procure for the Board’s prior approval of action ment Regulations to add principles for [F.R. Doc. 69-3205; Filed, Mar. 17, 1969; whereby Applicant, which presently owns determining costs applicable to grants 8:46 a.m.] a majority of the voting shares of Secu and contracts with State and local rity Bank, Webster, S. Dak., would be governments. [File No. 1-4371] come a bank holding company through 2. Effective date. This regulation is the acquisition of up to 100 percent of effective immediately with respect to WESTEC CORP. the voting shares qf the following three State governments and shall be applied Order Suspending Trading banks in South Dakota: Farmers and at the earliest practicable date, but not Merchants Bank, Aberdeen; Citizens later than January 1, 1970, with respect M arch 12, 1969. State Bank, Clark; and Citizens Bank of to local governments. The common stock, 10 cents par value, Mobridge, Mobridge. 3. Expiration date. This regulation will of Westec Corp., being listed and regis ■ As required by section 3(b) of the Act, remain in effect until canceled. tered on the American Stock Exchange the Board gtave written notice of receipt 4. Background. The Bureau of the pursuant to provisions of the Securities of the application to the Superintendent Budget issued Circular A-87 on May 9, Exchange Act of 1934 and all other of Banks for the State of South Dakota, 1968, for the purpose of promulgating securities of Westec Corp., being traded and requested his views and recommen principles and standards for determining otherwise than on a national securities dation. The Superintendent recom costs applicable to grants and contracts exchange; and mended that the application be approved. with State and local governments. The It appearing to the Securities and Ex Notice of receipt of the application was principles are designed to provide the change Commission that the summary published in the F ederal R egister on basis for a uniform approach to the prob suspension of trading in such securities October 26, 1968 (33 F.R. 15892), provid lem of determining costs and to promote on such Exchange and otherwise than on ing an opportunity for interested persons efficiency and better relationships be a national securities exchange is required to submit comments and views with re tween grantees and contractors and their in the public interest and for the protec spect to the proposed transaction. A copy Federal counterparts. tion of investors; of the application was forwarded to the 5. Explanation of change. Pending the It is ordered, Pursuant to sections U.S. Department of Justice for its con issuance of a permanent amendment of 15(c) (5) and 19(a) (4) of the Securities sideration. Time for filing comments and the Federal Procurement Regulations, Exchange Act of 1934, that trading in views has expired and all those received agencies shall employ principles for de such securities on the, American Stock have been considered by the Board. termining costs in grants and contracts Exchange and otherwise than on a na It is hereby ordered, For the reasons with State and local governments as pro tional securities exchange be summarily set forth in the Board’s Statement1 of vided in Bureau of the Budget Circular suspended, this order to be effective for this date, that said application be and A-87, May 9,1968. the period March 13, 1969, through March 22,1969, both dates inclusive. hereby is approved, provided that the J. E. M oody, Acting Administrator By the Commission. action so approved shall not be consum of General Services. mated (a) before the 30th calendar day [ seal] O rval L. D uB ois, following the date of this order or (b) March 12, 1969. Secretary. later than 3 months after the date of the [F.R. Doc. 69-3222; Filed, Mar. 17, 1969; [F.R. Doc. 69-3206; Filed, Mar. 17, 1969; 8:48 a.m.] order, unless such period is extended for 8:47 a.m.] good cause by the Board or by the Fed eral Reserve Bank of Minneapolis pursu [70-4721] ant to delegated authority. SECURITIES AND EXCHANGE NORTHEAST UTILITIES Dated at Washington, D.C., this 10th Notice of Proposed Amendments to day of March 1969. COMMISSION [File No. 1-3421] Declaration of Trust and Order Au By order of the Board of Governors.2 thorizing Solicitation of Proxies in CONTINENTAL VENDING MACHINE [ seal] R obert P. F orrestal, Connection Therewith Assistant Secretary. CORP. M arch 12,1969. [F.R. Doc. 69-3229; Filed, Mar. 17, 1969; Order Suspending Trading 8:49 a.m.] Notice is hereby given that Northeast M arch 12, 1969. Utilities (“Northeast”) , 70 Federal Street. 1 Filed as part of the original document. It appearing to the Securities and Ex Boston, Mass. 02110, a registered holding Copies available upon request to the Board change Commission that the summary company, has filed a declaration wi of Governors of the Federal Reserve System, suspension of trading in the common this Commission, pursuant to the pud Washington, D.C. 20551, or to the Federal stock, 10 cents par value of Continental Utility Holding Company Act of Reserve Bank of Minneapolis. Vending Machine Corp., and the 6 per (“Act”) , designating sections 6(a) , 7, ana s Voting for this action; Chairman Martin cent convertible subordinated debentures 12(e) of the Act and Rule 62 prom ulgaba and Governors Mitchell, Maisel, Brimmer and propos Sherrill. Absent and not vesting: Governors due September 1, 1976, being traded thereunder as applicable to the Robertson and Daane. otherwise than on a national securities transactions. All interested persons
FEDERAL REGISTER, VOL. 34, NO. 52— TUESDAY, MARCH 18, 1989 NOTICES 5355 referred to the declaration, which is filed with the request. At any time after Coast Railway Co.; Seaboard Coast Line summarized below, for a complete state said date, the declaration, as filed or as Railroad Co.; Illinois Central Railroad ment of the proposed transactions. it may be amended, may be permitted to Co.) and good cause appearing therefor: Northeast proposes to amend its dec become effective as provided in Rule 23 It is ordered, That: laration of trust and such proposed of the general rules and regulations pro Car Distribution Direction No. 27 be, amendments have been approved by its mulgated under the Act, or the Commis and it is hereby amended by substituting trustees and are to be submitted to sion may grant exemption from such the following paragraph (4) for para Northeast’s shareholders for their ap rules as provided in Rules 20(a) and 100 graph (4) thereof: proval at the annual meeting to be held thereof or take such other action as it (4) Expiration date: This direction April 22, 1969. In connection therewith, may deem appropriate. Persons who re shall expire at 11:59 p.m., April s, 1969, Northeast proposes to solicit proxies from quest a hearing, or advice as to whether unless otherwise modified, changed, or the holders of common shares through a hearing is ordered, will receive notice of suspended. the use of solicitation material which sets further developments in this matter, in It is further ordered, That this amend forth the proposed amendments in detail. cluding the date of the hearing (if or ment shall become effective at 11:59 p.m., The filing states that under the appli dered) and any postponements thereof. March 15,1969, and that it shall be served cable provisions of the declaration of It appearing to the Commission that upon the Association of American Rail trust the proposed amendments must be Northeast’s declaration regarding the roads, Car Service Division, as agent of approved by the affirmative vote of at proposed solicitation of proxies should all railroads subscribing to the car serv least two-thirds of the holders of the be permitted to become effective forth ice and per diem agreement under the common shares deemed to be outstanding with pursuant to Rule 62: terms of that agreement; and that it be for such purpose. It is ordered, That the declaration re filed with the Director, Office of the Fed The proposed amendments to the dec garding the proposed solicitation of eral Register. laration of trust will, among other things, proxies be, and hereby is, permitted to (1) permit the trustees to acquire and become effective forthwith pursuant to Issued at Washington, DC., March 12, hold securities or obligations of any type Rule 62. 1969. rather than limiting them to the securi I nterstate Commerce ties of companies engaged in the utility For the Commission (pursuant to Co m m issio n, business, (2) eliminate the requirement delegated authority). [seal] R. D. P fahler, of shareholder approval for the sale by [seal] O rval L. D u B ois, Agent. Northeast of any of its majority-owned Secretary. [F.R. Doc. 69-3207; Filed, Mar. 17, 1969; subsidiary companies in which North [F.R. Doc. 69-3234; Filed, Mar. 17, 1969; 8:47 a.m.] east’s investment is less than 10 percent 8:49 a.m.J of the book value of its assets, (3) [S.O. 994; I.C.C. Order No. 19] authorize Northeast to guarantee the obligations of its subsidiary companies COMMERCIAL FINANCE CORPORA LOUISVILLE AND NASHVILLE RAIL and to give the trustees of Northeast TION OF NEW JERSEY ROAD CO., AND BIRMINGHAM general authority to provide financial and other assistance to its subsidiary Order Suspending Trading SOUTHERN RAILROAD CO. companies, and (4) clarify the power M arch 12, 1969. Rerouting Traffic or Diversion of of the trustees by providing that the It appearing to the Securities and Ex Traffic trustees will have the same incidental change Commission that the summary powers as a Massachusetts business suspension of trading in the common In the opinion of R. D. Pfahler, agent, corporation. stock and all other securities of Commer the Louisville and Nashville Railroad The filing states that no State com cial Finance Corporation of New Jersey Co., and the Birmingham Southern Rail mission and no Federal commission, being traded otherwise than on a na road Co. are unable to transport certain other than this Commission, has juris tional securities exchange is required in carload traffic, loaded to excessive dimen diction over the proposed transactions, the public interest and for the protection sions, over their lines in the vicinity of and that the fees and expenses to be in of investors; Bessemer, Ala., due to restricted clear curred in connection therewith are esti It is ordered, Pursuant to section 15 ances at their normal interchange mated to be $2,500, including $2,000 for points. legal fees. (c) (5) of the Securities Exchange Act of 1934, that trading in such securities It is ordered, That: Northeast has requested that the effec otherwise than on a national securities (a) Rerouting traffic: The Louisville tiveness of it^declaration with respect to exchange be summarily* suspended, this and Nashville Railroad Co. and the Bir the solicitation of proxies from the com order to be effective for the period mingham Southern Railroad Co. being mon shareholders be accelerated as pro March 12, 1969, at 12:05 p.m.,, e.s.t., unable to transport certain carload traf vided in Rule 62. through March 21, 1969, both dates fic loaded to excessive dimensions, over Notice is further given that any Ínter inclusive. their lines in the vicinity of Bessemer, i n person may, not later than April 4, By the Commission. Ala., due to restricted clearances at their r969> .^e FEDERAL REGISTER, VOL. 34, NO. 52— TUESDAY, MARCH 16, 1969 5356 NOTICES force, those voluntarily agreed upon by [S.O. 1002; Car Distribution Direction No. 28; Issued at Washington, D.C., March 12, and between said carriers; or upon fail Arndt. 3] 1969. I nterstate Commerce ure of the carriers to so agree, said divi LOUISVILLE AND NASHVILLE RAIL sions shall be those hereafter fixed by Com m ission, the Commission in accordance with per ROAD CO. AND ILLINOIS CEN [ seal] R. D. P fahler, tinent authority conferred upon it by the TRAL RAILROAD CO. Agent. Interstate Commerce Act. [F.R. Doc. 69-3211; Filed, Mar. 17, 1969; (d) Effective date: This order shall be Cor Distribution 8:47 a.m.] come effective at 12:01 a.m., March 17, Upon further consideration of Car Dis 1969. . tribution Direction No. 28 (Louisville and [S.O. 1002; Car Distribution Direction No. 26; (e) Expiration date: This order shall Nashville Railroad Co.; Illinois Central Arndt. 3] expire at 11:59 p.m., September 30, 1969, Railroad Co.) and good cause appearing unless otherwise modified, changed, or therefor: TERMINAL RAILROAD ASSOCIATION suspended. It is ordered, That: OF ST. LOUIS AND ILLINOIS CEN It is further ordered, That this order Car Distribution Direction No. 28 be, TRAL RAILROAD CO. shall be served upon the Association of and it is hereby amended by substituting American Railroads, Car Service Divi the following paragraph (4) for para Car Distribution sion, as agent of all railroads subscribing graph (4) thereof: Upon further consideration of Car Dis to the car service and per diem agree tribution Direction No. 26 (Terminal ment under the terms of that agreement; (4) Expiration date: This direction shall expire at 11:59 pm., April 5, 1969, Railroad Association of St. Louis; Illi and that it be filed with the Director, Of nois Central Railroad Co.) and good fice of the Federal Register. unless otherwise modified, changed, or suspended. cause appearing therefor: Issued at Washington, D.C., March 12, It is further ordered, That this amend It is ordered, That: 1969. ment shall become effective at 11:59 p.m., Car Distribution Direction No. 26 be, I nterstate Commerce March 15, 1969, and that it shall be and it is hereby amended by substituting Com m ission, served upon the Association of American the following paragraph (4) for para [seal] R. D. P fahler, Railroads, Car Service Division, as agent graph (4) thereof: Agent. of all railroads subscribing to the car (4) Expiration date: This direction [F.R. Doc. 69-3208; Filed, Mar. 17, 1969; service and per diem agreement under the shall expire at 11:59 p.m., April. 5, 1969, 8:47 a.m.] terms of that agreement; and that it be unless otherwise modified, changed, or filed with the Director, Office of the suspended. [S.O. 1002; Car Distribution Direction No. Federal Register. It is further ordered, That this amend 30; Arndt. 2] Issued at Washington, D.C., March 12, ment shall become effective at 11:59 pm., 1969. March 15, 1969, and that it shall be SEABOARD COAST LINE RAILROAD served upon the Association of American CO. AND ILLINOIS CENTRAL RAIL I nterstate Commerce Railroads, Car Service Division, as agent Com m issio n, ROAD CO. of all railroads subscribing to the car [ seal] R. D. P fahler, service and per diem agreement under Car Distribution Agent. the terms of that agreement; and that it [F.R. Doc. 69-3210; Filed, Max. 17, 1969; be filed with the Director, Office of the Upon further consideration of Car Dis 8:47 am .] Federal Register. tribution Direction No. 30 (Seaboard Issued at Washington, D.C., March 12, Coast Line Railroad Co.; Illinois Central Railroad Co.) and good cause appearing [S.O. 1002; Oar Distribution Direction No. 29; 1969. therefor: Arndt. 2] I nterstate Commerce It is ordered, That: Com m ission, SOUTHERN RAILWAY CO., AND [ seal] R .D . P fahler, Car Distribution Direction No. 30 be, ILLINOIS CENTRAL RAILROAD CO. Agent. and it is hereby, amended by substituting the following paragraph (4) for para Car Distribution [F.R. Doc. 69-3212; Filed, Mar. 17, 1969; graph (4) thereof: 8:47 a.m.] Upon further consideration of Car Dis (4) Expiration date: This directiontribution Direction No. 29 (Southern shall expire at 11:59 pm., April 5, 1969, Railway Co,; Illinois Central Railroad JOHN V. LAWRENCE unless otherwise modified, changed, or Co.) and good cause appearing therefor: suspended. Statement of Changes in F in a n cia l It is ordered, That: It is further ordered, That this amend Interests ment shall become effective at 11:59 Car Distribution Direction No. 29 be, and it is hereby amended by substituting Pursuant to subsection 302(c), Pwt p.m., March 15, 1969, and that it shall III, Executive Order 10647 (20 F.R. 8769) be served upon the Association of Ameri the following paragraph (4) for para graph (4) thereof: “Providing fon the Appointment of Cer can Railroads, Car Service Division, as tain Persons under the Defense Produc agent of all railroads subscribing to the (4) Expiration date: This directiontion Act of 1950, as amended,” I hereby car service and per jiiem agreement shall expire at 11:59 p.m., April 5, 1969, furnish focr filing with the Office of the under the terms of that agreement; and unless otherwise modified, changed, or Federal Register for publication in th® that it be filed with the Director, Office suspended. F ederal R egister the following informa of the Federal Register. It is further ordered, That this amend tion showing any changes in my finan* Issued at Washington, D.C., March 12, ment shall become effective at 11:59 p.m., cial interests and business connections 1969. March 15, 1969, and that it shall be as heretofore reported and published uo served upon the Association of American F.R. 8958, 27 F.R. 3829, 27 F.R. 9545, I nterstate Commerce Railroads, Car Service Division, as agent F.R. 4117, 28 F.R. 10468, 29 P-R* S Com m ission, of all railroads subscribing to the car 29 F.R. 14977, 30 F.R. 8982, 30 F.R. l*»«, [ seal] R. D. P fahler, service and per diem agreement under 31 F.R. 4824, 31 F.R. 13369, 32 FJt. » Agent. the terms of that agreement: and that it 32 F.R. 13432, and 33 F.R. 4863) dunng [F.R. Doc. 69-3209; Filed, Mar. 17, 1069; be filed with the Director, Office of the the 6 months’ period ended March l . 8:47 a.m.] Federal Register. 1969. FEDERAL REGISTER, V O L 34, NO. 52— TUESDAY, MARCH 18, 1969 NOTICES 5357 Purchased in 1968 : F.R. 14339) during the 6 months’ period 110473 (Sub No. 2) issued August 5, Washington Gas Light—700 shares com ended March 14,1969. mon stock. 1952, and November 19, 1964, respec Bethlehem Steel—500 shares common No change. tively, to Robert H. Fulker, doing busi ness as Fulker Truck Lines, Aberdeen, stock. Dated: March 14,1969. Potomac Electric Power Co.—1,050 shares S. Dak. 57401, authorizing the transpor common stock. A. W . W uerker. tation of: General commodities, with the usual exceptions, between points in Dated: March 9, 1969. [F.R. Doc. 69-3215; Filed, Mar. 17, 1969; 8:47 a.m.] South Dakota. J ohn V. Lawrence. No. MC-FC-71142. By order of March 7, [F.R. Doc. 69-3213; Piled, Mar. 17, 1969; 1969, the Motor Carrier Board approved 8:47 a.m.] [Notice 312] the transfer to Georges Truck Rental Corp., doing business as Georges Truck MOTOR CARRIER TRANSFER Rental Corp., Ridgewood (Queens), EUGENE S. ROOT PROCEEDINGS New York, N.Y., of the operating rights March 13, 1969. in Nos. MC-127084 and MC-127084 (Sub- Statement of Changes in Financial Synopses of orders entered pursuant to No. 1), issued February 16, 1966, and Interests section 212(b) of the Interstate Com August 3, 1967, to Georges Carriers, Inc., Ridgewood (Queens), New York, author Pursuant to subsection 302(c), Part merce Act, and rules and regulations izing the transportation of: Plumbing III, Executive Order 10647 (20 P.R. 8769) prescribed thereunder (49 CFR Part 1132), appear below: fixtures and supplies, from the plantsite “Providing for the Appointment of Cer of the Jamaica Manufacturing Co., Inc., tain Persons under the Defense Produc As provided in the Commission’s special rules of practice any interested person at Wyandanch, N.Y., to New York, N.Y.; tion Act of 1950, as amended,” I hereby and from points in the New York, N.Y., furnish for filing with the Office of the may file a petition seeking reconsidera tion of the following numbered proceed commercial zone, as defined by the Com Federal Register for publication in the mission, to the plantsite of the Jamaica Federal R egister the following informa ings within 20 days from the date of publication of this notice. Pursuant to Manufacturing Co., Inc., at Wyandanch, tion showing any changes in my financial N.Y. George A. Olsen, 69 Tonnele Avenue, interests and business connections as section 17(8) of the Interstate Commerce Act, the filing of such a petition will Jersey City, N.J. 07306, registered prac heretofore reported and published (20 titioner for applicants. F.R. 10086; 21 F.R. 3475; 21 P.R. 9198; postpone the effective date of the order in that proceeding pending its disposition. No. MC-FC-71164. By order of 22 F.R. 3777; 22 F.R. 9450; 23 F.R. 3798; March 10, 1969, the Motor Carrier Board 23 F.R. 9501; 24 P.R. 4187; 24 F.R. 9502; The matters relied upon by petitioners must be specified in their petitions with approved the transfer to William Buster 25 F.R. 102; 26 P.R. 1693; 26 P.R. 6405; Nickerson, doing business as Nickerson 27 F.R. 648; 27 F.R. 6409; 28 F.R. 197; particularity. No. MC-FC-70890. By order of Cattle, South Main Street Extension, 28 F.R. 7060; 29 F.R. 1675; 29 F.R. 981; Cassadaga, N.Y., of permit No. MC- 20 F.R. 1073; 30 F.R. 9342; 31 F.R. 592; March 6, 1969, the Motor Carrier Board, on reconsideration, approved the transfer 128660, issued August 18, 1967, to G. C. 31 F.R. 9432; 32 F.R. 2404; 32 F.R. 11190; Hausser, doing business as Hausser Cart 33 F.R. 609; and 33 F.R. 11323, for the to CO-Trux Rentals, Inc., Port Wash ington, N.Y., of the operating rights in ing Co., Route 1, Box 254, Gowanda, N.Y. period from July 1,1968, through Decem permit No. MC-125126 issued on Novem 14070, authorizing the transportation of: ber 31,1968. ber 20, 1964, to Ernest A. Kroessler Paper and paper products, wood and Retired as vice president-comptroller of Trucking Corp., Brooklyn, N.Y., author wood products, cabinets, doors, cement, Erie Lackawanna Railway Co., July 31, 1969. izing the transportation of: Steel wool asbestos products, plastic products, Severed all corporate relationships with its and soap products, between plantsite of aluminum and aluminum products, prod various subsidiaries, etc. Brillo Manufacturing Co., New York, ucts of wood and metal combined, wood No changes in financial interests during and cement asbestos combined, plastic the period. N.Y., and specified counties in New Jer sey. Andrew A. Kroessler, Attorney, 32 and metal combined, cement asbestos Dated: MarchJUI969. 58th Street, Woodside, N.Y. 11377, Morris and metal combined, aluminum and Honig, Attorney, 150 Broadway, New other metals combined, and plastic and E ugene S. R oot. York, N.Y. 10038. wood combined, and materials, supplies, [P.R. Doc. 69-3214; Piled, - Mar. 17, 1969 No. MC-FC-71001. By order of machinery, and equipment used in the 8:47 a.m.] March 10, 1969, the Motor Carrier Board manufacture of the commodities speci approved the transfer to F. Paul Purdy, fied (except such commodities in bulk and those which, by reason of size or ALEXANDER W. WUERKER Loudon, Tenn., of the operating rights in permit No. MC-127366 (Sub. No. 1) is weight, require the use of special equip sued August 5,1966, to B. F. Holt, Sweet ment) , between the plantsite of the U.S. Statement of Changes in Financial Plywood-Champion Papers, Inc., at Cat Interests water, Tenn., authorizing the transpor tation, over irregular routes, of dairy taraugus, N.Y., on the one hand, and, on Pursuant to subsection 302(c), Par products, and materials and supplies used the other, points in Alabama, California, in the production and distribution of Connecticut, Delaware, Florida, Georgia, HI, Executive Order 10647 (20 F.E Iowa, Illinois, Indiana, Kansas, Ken 8769) “Providing for the Appointment o dairy products, between Chattanooga, Cookeville, Crossville, Knoxville, Mc tucky, Louisiana, Maine, Maryland, Certain Persons under the Defense Pro Minnville, Murfreesboro, and Nashville, Massachusetts, Michigan, Minnesota, duction Act of 1950, as amended,” Tenn., on the one hand, and, on the Mississippi, Missouri, New Hampshire, hereby furnish for filing with the Offic other, points in Alabama, Georgia, Ken New Jersey, New Mexico, New York, of the Federal Register for publication ii tucky, Mississippi, North Carolina, South North Carqlina, Ohio, Oklahoma, Penn Carolina, Virginia, and West Virginia, sylvania, Rhode Island, South Carolina, the Federal R egister the following in Tennessee, Texas, Vermont, Virginia, formation showing any changes in nr with certain restrictions, limited to serv ice for a named shipper. LaVern Martens, West Virginia,’and Wisconsin, limited to financial interests and business connec 450 East Illinois Street, Chicago, 111. a transportation service to be performed, tions as heretofore reported and pub 60611, representative for applicants. under a continuing contract, or con tracts, with the U.S. Plywood-Champion Qd«ndo(26 F,R' 8958’ 27 P-R- 3829, 27 F.R No. MC-FC-71127. By order of March 6, 'JJJJ’ 28 PR - 42®9, 28 F.R. 10468, 29 F.R 1969, the Motor Carrier Board approved Papers, Inc., of Cattaraugus, N.Y. the transfer to Pratt’s Dray & Storage, [ seal] h . N eil G arson, 12992’ 30 P-R- 5888* 30 P-R Inc., 222 West Illinois Street, Spearfish, Secretary. 42oJ ’,o J f R - 4857* 31 P -R- l 3288, 32 F.R 95, 32 F.R. 13361, 33 PiR> 4864j and 3, S. Dak. 57783, of the operating rights in [P-R. Doc. 69-3216; Piled, Mar. 17, . 1969; certificates Nos. MC-110473 and MC- 8:47 a.m.] FEDERAL REGISTER, VOL. 34, NO. 52— TUESDAY, MARCH 18, 1969 5358 FEDERAL REGISTER CUMULATIVE LIST OF PARTS AFFECTED— MARCH The following numerical guide is a list of parts of each title of the Code of Federal Regulations affected by documents published to date during March Page 3 CFR pa€e 10 CFR Page 17 CFR 231——______4886 P roclamations: 20__ _1______- ______- _____- 5254 P roposed R u l e s: 3896 ______3789 12 CFR 3897 ______— 3791 230. ----- 5027 3898——.__._____ 1______4935 226___ — ______5326 231. 5303.5339 526—______5151 240. ___ 4896 E xecutive Orders: 545____ 4884 241. ___ 5303 11007 (see EO 11458)______4937 569— — ______- ______5151 270. ___ 5027 11457— — ------3793 584— —.______3796 271 5303.5339 11458______4937 11459— __ 5057 P roposed R u l e s: 18 CFR 523-______5022 260______5223 5 CFR 531____ 5022 P roposed R u l e s:-' 213______- ______— 5003, 5325 545______5024, 5338 556______5024 157______5182 7 CFR 561______J ______— 5024 19 CFR 52______— __ - ______5151 571______i______5024 55______5223 584______4895 4______4957 58______— ______5099 16______4957 318______4879 13 CFR 30______4957 722______3733,106 5099______v.______5327 20 CFR 730— ______3733 775__ —______3795,5003 P roposed R u l e s : 811______■______3795 14 CFR 604______3748 842____ 3795 39______— 3738, 4885, 4939, 4940, 5327 876— —.______—- 5003 71—______3655, 21 CFR 877______— 3733 3796, 4502, 4940-4944, 5008-5010, 1______4886,5291 891—______— — ______3737 5060, 5009, 5100, 5157, 5223, 5224, 3 ______— 5254 906 ______— 5155, 5298 5328 120 ______5100, 5255,5291 907 ______3738, 4879, 5059, 5156, 5299 73— ______3656, 4502, 5157 121 ______4887, 4888, 5010, 5100, 5101,5292 908—___ —____ 4880, 4956, 5156 75______- ____i 4502, 5010 320 ______4888,4889 910— ____. 3674, 3738, 5006, 5059, 5299 95______3738 P roposed R u l e s: 912 ______— ______3674, 5006 97—______— ___ —- 4945, 5225 121______•______3748 913 ______— 3675, 5007, 5300 151______- _____- ____ 3656, 4885 944 ______5156 153______3656 953______5059, 5157 199______—3657 22 CFR 965__ i______5157 240 ______3741 42. 4964 991______— ____ _— 4956 241 ______3741 501 3659 993—— —___ ——— ______3675 249______5253 1130__ ——___ —— ----- — 3676 298______4955 25 CFR 1424______4880,3755300 ______5253 131_____ 3686 1427——____— ______4882 385______3742 221____ 5061 399— ______;______3742 P roposed R u l e s: 26 CFR 51______- 5301, 5331 P roposed R u l e s: 5011, 5292 906— ___. ____ —__ - ___ 4969 21______3695, 4893l ______170______3662 919— _____— — 5301 25______5020 __ 3662 959—______— ______4969 179------27______5020 194______'__ 3663 980______.____ —____ 5077 33______5020 ___ 3667 1005______-______5013 196 ______36______—197 4893 ______3667 1009—:______— ___ — 5013 39______4894, 5110 __ 3669 1036______5013 201______43___ 3695 240______-, ' __ 3670 1061______- 3808 65____ 3695 '__ 3671 1068______3833 245______71______3696-3699, 250——______3673 1070 ______5077 3673 1071 ______5108 3851, 4894, 4974, 5022, 5060, 5078, 251______5079, 5111, 5180, 5181, 5335-5338 3672 1078 ______5077 296______3673 1079 ______5077, 5078, 5302 73___ 5022 301______1103 ______5020, 5258 75______5080 P roposed R u l e s: 1104 ______5108 91______3695, 5259 1—______3700, 5067 1106______5108 121______3751 25______5067 1138______5334 145______3695 31______" _ 5067 1202______4893 5067 147______3751 36______" _ 5067 8 CFR 151______5111 41______5067 157______3756 45 ___ 204______5325 46 ___ ”” _ 5067 212______5326 48 ___ ’II- 5067 16 CFR _ 5067 245______5326 49 ___ 5067 248______5326 13______3658, 3659, 5060 147______5067 15—______3742, 5061 151 ___ 9 CFR III- 5067 240______•______4926 152 ___ 5067 74______,______5007 503______4956 301______FEDERAL REGISTER 5359 Page 28 CFR 39 CFR Page 45 CFR— Continued Page ------4889 124 ______5329 801______5066 125 ______5329 1061______3686 29 CFR 134______5329 P roposed R u l e s: 141______464______------5158 5329 416______151______5329 3689 465______■ ■ ______5158 171______1505— ______3776 3797 46 CFR P roposed R u l e s : Proposed Rules: 132______5013 P roposed R u l e s: 462______5176 Ch. II_____ 41 CFR 4973 30 CFR 3-1______5159 4 7 CFR Proposed Rules: 3-2______5159 3-3______1 ------:------5102 55______5159 2 ------5104 ______5258 3-4______5159 56______5258 3-5______5------3801 57______5159 ------5258 3-6______5159 21------y------5172 3-7______5159 73------3802, 3804, 5106, 5107 31 CFR 3-55______81------3806 5159 87------3807 5____— ______------5159 5 B -3 ______4890 9-1______89------3807 4890 91------3807 32 CFR 9-16______4890 9-53______4890 93------3807 79______12B-1______95------3807 577 ...... 5064 _____ 4965, 5293 12B-3______5064 P roposed R u l e s : 1600______12B-4______1606______5065 1_ ------3852 29-60______5169 21 ------3852 101-18______5255 31 33 CFR ------5114 101-19______5255 43 ------3852 117______101-20______5256 73 ------3853-3855, 207______101-26______5329 3857,4895, 5080,5120 208______101-38______5256 74 ------3858 210______101-39______5256 101-45______5172 Proposed Rules: 49 CFR 401______42 CFR 232______------5338 369______205______------3687 36 CFR 3743 371______------3688 P roposed R u l e s : 1033______3746, 5297, 5298 7______54______3689 1048______------4892 311______73______5177 P roposed R ules 209______326____ 3749 71------3852 43 CFR 172 ------5112 37 CFR 173 ------5112, 5113 402______5066 Proposed Rules: 371------3699 P ublic Land Order: 1203------4897 1_____ 4538 (corrected) 5012 3------4973 P roposed R u l e s: 50 CFR 38 CFR 4______5173 28------i ___ 4892, 5298 45 CFR 33------3747, 4_. 5062 145_____ 3801 4892, 5066, 5100, 5172, 5298, 5330 8.. 5064 36. 177_____ 3801 P roposed R u l e s : 4889 250_____ 3745 280------5258 UNITED STATES - l y -» * 4y £ r c GOVERNMENT ^ORGANIZATION manual: \t„"£AL«£»S2/Mt&rjtS4.m 11 to 1 9 6 8 - 6 9 V£/jL*T~<* £Z^.'<6vyi| Na.lienal Archive« and R«eordi Sttvicc Central Services Administration S h. --’« a •SrSiiviVs js.-i 5r- § i f i m ^ «.Aiy*'/i'- Presents essential information about Government agencies (updated and republished annually)* Describes the creation and authority, organization, and functions of the agencies in the legislative» judicial, and executive branches. 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