ÄS Pages 13867-13922 FEDERAL ESISTER 1 9 3 4 ^V> NUMBER 197 VOLUME 29 * ONiJtO ^ Washington, Thursday, October 8, 7964 Contents CIVIL AERONAUTICS BOARD Notices THE CONGRESS Hearings, etc.: Notices International Panorama TV, Acts Approved______13922 Scandinavian Airlines System et Inc______.______13914 al.; hearings, etc. (2 docu­ Moore, Marion—------13916 ments)______— 13916 EXECUTIVE AGENCIES FEDERAL POWER COMMISSION AGRICULTURAL STABILIZATION COMPTROLLER OF THE CURRENCY Notices AND CONSERVATION SERVICE Marsha.il R. Young Drilling Co. et Rules and Regulations Rules and Regulations al.; hearing, etc.------— 13917 Investment securities; Hospital Naval stores conservation; 1965— 13885 Authority of C obb County, FEDERAL TRADE COMMISSION Sugar beets; fair and reasonable Georgia______13869 prices, 1964 crop------13890 Rules and Regulations CUSTOMS BUREAU Prohibited trade practices: AGRICULTURE DEPARTMENT Cotton City Wash Frocks, Inc— 13892 Notices See Agricultural Stabilization and Premier Knitting Co., Inc------13892 Chlorinated paraffin from Eng­ Regal Knitwear Co., Inc------13892 Conservation Service. land; exporter’s sales price and foreign market value------13909 AIR FORCE DEPARTMENT FISH AND WILDLIFE SERVICE Rules and Regulations DEFENSE DEPARTMENT Rules and Regulations Appointment of officers in Air See Air Force Department; Army Hunting in certain wildlife refuge Force or Air Force Reserve----- 13873 Department. areas: Medical service officer procure­ California; Colusa------13901 ment programs for in-service EMERGENCY PLANNING OFFICE Colorado; Monte Vista------13900 training and Medical Service Notices Idaho; Deer Flat; correction._ 13900 Early Commissioning Program. 13883 Missouri; amendment of major Kansas; Kirwan------;— 13900 Fayment of counsel fees and other disaster notice______13921 Nevada; Pahranagat------13901 expenses in foreign courts----- 13869 Proposed Rule Making Policies and procedures for orga­ FEDERAL AVIATION AGENCY Fishing vessel construction differ­ nization, administration and op­ Proposed Rule Making ential subsidy procedures------13902 eration of Air Force Reserve Airworthiness directive; Boeing Officers’ Training Corps------13873 Models 707 and 720 Series air­ FOOD AND DRUG Private indebtedness and support craft______13908 ADMINISTRATION of legal dependents------13871 Control zones; designations (2 Safeguarding classified informa­ documents)______13904 Rules and Regulations tion; miscellaneous amend­ Control zone, alteration; and des­ Color additives; diluents in mix­ ments______:------13872 ignation of transition area and tures; final order listing for Standards of conduct; miscella­ revocation of control area ex­ food and drug use----- ^------13893 neous amendments______13885 tension (2 documents) — 13904,13905 Drugs, antibiotic; amprolium----- 13895 Operation on and in vicinity of Food additives: ARMY DEPARTMENT airports without control tower; Amprolium______13895 Rules and Regulations withdrawal of proposal------13907 Chewing gum base------13894 Employment and compensation in Restricted area; alteration------13907 Notices Canal Zone; miscellaneous Temporary restricted area; desig­ Central Soya Co., Inc.; withdrawal amendments------;------13869 nation______13906 of petition for food additive ti­ tanium dioxide------.— 13913 ATOMIC ENERGY COMMISSION FEDERAL COMMUNICATIONS Notices COMMISSION GEOLOGICAL SURVEY General Atomic Division, General Rules and Regulations Notices Dynamics Corp.; application for Radio broadcast services: Colorado; coal land classification and proposed issuance of facility Multiple ownership of stand- order______13912 export license------13913 ard, FM and television broad­ Idaho; phosphate land classifica­ Martin Marietta Corp.; issuance cast stations______13896 tion order______13913 of order extending latest expira­ Numerical designation of tele­ tion date of facility license----- 13913 vision channels______13896 (Continued on next page) 13867 13868 CONTENTS

HEALTH, EDUCATION, AND LABOR DEPARTMENT POST OFFICE DEPARTMENT WELFARE DEPARTMENT See Wage and Hour Division. Proposed Rule Making See Food and Drug Administra­ tion. LAND MANAGEMENT BUREAU Second class mailing privileges; correction.------:------13903 Notices HOUSING AND HOME Alaska; small tract classification. 13911 SECURITIES AND EXCHANGE FINANCE AGENCY California; termination of pro- Notices posed withdrawal and reserva­ COMMISSION Acting Director, Division of Fi­ tion of lands (2 documents)___ 13909 Notices nance and Accounts; designa­ Colorado; proposed withdrawal Hearings, etc.: tion------13921 and reservation of lands_____ 13909 American Home Products Corp. Idaho; proposed withdrawal and et al— ------13920 INTERIOR DEPARTMENT reservation of lands______13910 Great Atlantic & Pacific Tea Montana: Co., Inc., et al______13920 See Fish and Wildlife Service; ~ Filing of plat of survey______13910 Managed Funds Personal In­ Geological Survey; Land Man­ Order providing for opening of vestment Plan, Electric agement Bureau. public lands______13910 Shares, et al______’______13920 Nevada; proposed withdrawal and INTERNAL REVENUE SERVICE reservation of lands______13910 TREASURY DEPARTMENT Rules and Regulations New Mexico; proposed withdrawal and reservation of lands______13911 See also Comptroller of Currency; Income taxes; receipt of minimum Oregon; redelegation of authority Customs Bureau; Internal Reve­ distributions fr o m controlled by Land Office Manager to As­ nue Service. foreign corporations______13896 sistant Managers, Branches of Notices Land, Minerals, and Records Acting Commissioner of Customs; INTERSTATE COMMERCE and Public Services____ 1_____ 13912 designation______13909 COMMISSION Utah; proposed withdrawal and reservation of lands______13911 Notices WAGE AND HOUR DIVISION Fourth section applications for Proposed Rule Making relief------13921 Industry committees for Various Motor carrier transfer proceed­ industries in Puerto Rico; ap­ ings (2 documents)_____ 13921,13922 pointment and hearings______13903 Codification Guide The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today s issue. A cumulative list of parts affected, covering the current month to date, appears at the end of each issue beginning with the second issue of the month. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1, 1964, and specifies how they are affected. 5 CFR 21 CFR 850_------______13872 1201______8------13893 870------13873 121 (2 documents)______13894,13895 881------13873 7 CFR 905 ------13883 146______13895 906 ------13883 706 ______------13885 920------13885 871- ___ 26 CFR 12 CFR 1------____ 13896 39 CFR 1------13869 P roposed R ules: 29 CFR 22 ------— ------13903 14 CFR P roposed R ules: P roposed Rules: 610______. 13903 Ay 71 [New] (4 documents) __ 13904,13905 612______13903 ^ rK 73 [New] (2 documents)_ 13906,13907 614 ______13903 73 (2 documents)______. 13896 91 [New]------13907 615 ______13903 507------13908 50 CFR 32 CFR 16 CFR 32 (5 documents)______13900,13901 845 _ 13869 P roposed R ules : 13 (3 documents)______13892 846 _ 13871 256------13902

Published dally, Tuesday through Saturday (no publication on Sundays, Mondays, or FEDEM^pREGISTER on the day after an official Federal holiday), by the Office of the Federal Register, National Area Code 202 \ 1034 phone 963-3261 Archives and Records Service, General Services Administration (mail address National Ppj..,,, . . . . . VNlTfD--- ~ . _ ■ - . Archives Building, Washington, D.C. 20408), pursuant to the authority contained in the l 935 (49 Stat- 500, 83 amended; 44 U.S.O., ch. SB), under regulations prescribed by the Admin- ofT Documents, ^ L C^ Government tee * Printing ^Office, S 4x,ap?y°VedWashington, by D.C. the Presldent 20402. (1 CFR Ch. I). Distribution is made only by J the Superintendent F ederal Registerw IH be furnished by mail to subscribers, free of postage, for $1.50 per month or $15.00 per year, payable in C^ rg? Z i o Vid,uaJ1 coples (minimum 15 cents> varies in proportion to the size of the issue. Remit check or money oraer^made payable to the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402. _,o r e g u la to ry material appearing herein is keyed to the Code of Federal Regulations, which is published, under 50 titles, pur- 11 Ped®ral Register Act, as amended. The Code of F ederal Regulations is sold by the Superintendent oi *5ocii??ents' Prices of books and pocket supplements are listed in the first F ederal Register issue of each month. mere are no restrictions on the republication of material appearing in the F ederal Register or the Code of Federal Regulations. Rules and Regulations

(3) of this paragraph to committees or vide for all required payments in con­ Title 5— ADMINISTRATIVE other entities established under its nection with these bonds. supervision or to existing agencies. (c) Ruling. It is the conclusion of this PERSONNEL * * * * * Office that the $1,850,000, 3% percent (2 CZ.C. sec. 155, 76A Stat. 19; E.O. 11171, 29 Revenue Certificates of the Hospital Au­ Chapter II— Employment and Com­ F.R.11897) thority of Cobb County are “public pensation in the Canal Zone S t e p h e n A il e s , securities” as set forth in § 1 3(c), issued Secretary of the Army. pursuant to Paragraph Seventh of 12 U.S.C. 24, and are therefore eligible for PART 1201— GENERAL [FR. Doc. 64-10207; Filed, Oct. 7, 1964; 8:45 a.m.] purchase, dealing in, underwriting, and Miscellaneous Amendments unlimited holding by National Banks. 1. Effective upon publication in the Dated: September 30, 1964. F ederal Register, Part 1201, General, amend paragraph entitled "Authority” Title 12— BANKS AND BANKING [ seal! J ames J. S axon, Comptroller of the Currency. by deleting same and substituting there­ Chapter I— Bureau of the Comptroller for the following : [FJR. Doc. 64-10171; Filed, Oct. 7, 1964; of the Currency, Department of the 8:45 a.m.] Authority: The provisions of this Part 1201 issued under Title 2, CZC, Subchapter Treasury in , 76A Stat., and E.O. 11171 of August 18. 1964 (29 F.R. 11897). Additional authority PART I— INVESTMENT SECURITIES is cited in parenthesis following sections REGULATION Title 32— NATIONAL DEFENSE affected. Hospital Authority of Cobb County, Chapter VII— Department of the Air 2. Effective upon publication in the Georgia Federal R egister, § 1201.1 is amended to Force read as follows: § 1.153 Hospital authority of Cobb SUBCHAPTER D— CLAIMS AND LITIGATION County, Georgia. § 1201.1 Purpose. (a) Request. The Comptroller of the PART 845— PAYMENT OF COUNSEL By virtue of the authority contained Currency has been requested to rule that FEES AND OTHER EXPENSES IN in Title 2, CZC, Subchapter m , and in the $1,850,000, 3% percent Revenue Cer­ FOREIGN COURTS Executive Order 11171 of August 8, 1964 tificates of the Hospital Authority of A new Part 845 is added as follows: (29 F.R. 11897), the regulations in this Cobb County, Georgia issued on June 1, chapter are issued for the purpose of 1964 are eligible for dealing in, under­ Sec. establishing a Canal Zone Merit System writing and unlimited holding by Na­ 845.1 Purpose. governing employment in the Canal Zone tional Banks pursuant to Paragraph 845.2 Statutory authority. and to provide a uniform system of com­ 845.3 Responsibility. Seventh of 12 U.S.C. 24. 845.4 Criteria for the provision of counsel pensation for such employment. (b) Opinion. The Hospital Authority and payment of expenses in crim­ 3. Effective upon publication in the of Cobb County, created pursuant to the inal cases. F ederal R egister, the third item in the Hospital Authorities Law of the State 845.5 Provision of . bail in criminal cases. of Georgia, as a public corporate body 845.6 Criteria for furnishing counsel and terms defined in § 1201.2 is amended to payment of expenses in civil cases. read as follows: for the purpose of constructing and financing a hospital* for the County, has 845.7 Procedures for hiring of counsel and § 1201.2 Definitions. payment of expenses. issued Certificates the proceeds from 845.8 Payment of counsel fees and other As used in this chapter the term: which are being used to finance the con­ expenses. ♦ * * * * struction of the hospital and related 845.9 Reimbursement. facilities. These Certificates are pay­ Commander-in-Chief. “Commander- Authority: The provisions of this Part in-Chief” means Commander-in-Chief, able from the revenues from the Au­ 845 issued under sec. 8012, 70A Stat. 488, sec. thority’s contract with Cobb County 1037, 72 Stat. 1445; 10 US.C. 8012, 1037. United States Southern Command. made pursuant to the “Hospital Au­ ***** thorities Law” and funds derived from Source: AFR 110-13, April 15, 1958; AFR 4. Effective upon publication in the any other source. Under this contract, 110-13A, June 30, 1959. F ederal R egister, § 1201.4(a) is amended the County has agreed to pay for the § 845.1 Purpose. to read as follows : period of the outstanding Certificates, This part establishes criteria and as­ § 1201.4 Canal Zone Gvilian Personnel ending in 1985, the Authority annually signs responsibility for the provision of Policy Coordinating Board. a definite amount which is sufficient to counsel, for the provision of bail, and for pay debt service on the Certificates. The (a) Establishment and membership. the payment of court costs and other County has also agreed to pay monthly necessary and reasonable expenses in­ There is hereby established a Canal the hospital’s operation and mainte­ Zone Civilian Personnel Policy Coordi­ cident to representation in civil and nance costs which it has not earned criminal proceedings, including appel­ nating Board composed of the Governor itself. In order to make the payments of the Canal Zone and the Commander- late proceedings, before foreign courts under this contract the County is au­ and foreign administrative agencies, in-Chief, or their designated representa­ thorized to levy an ad valorem tax of up tives. which involve any persons subject to to five mills, and in certain circumstances the court-martial jurisdiction of the Air ***** an additional two mills may be levied, 5. Effective upon publication in the Force. Payment of fines is not author­ although it is anticipated that one mill ized hereunder. F ederal R egister, subparagraph (4) of will be sufficient to cover the demands § 1201.5(a) is amended to read as fol­ of the contract. -* § 845.2 Statutory authority. lows: (2) Cobb County, a political subdivi­ (10 UA.C. 1037) § 1201.5 Delegations of Authority. sion of the State of Georgia possessing Counsel before foreign judicial tribunals and administrative agencies; court costs (a) Authority of Board. The Boardresources sufficient to justify faith and and bail is hereby authorized to: credit, has, as authorized by the laws of (a) Under regulations to be prescribed by ***** Georgia, pledged its full faith and credit him, the Secretary concerned may employ (4) Redelegate any of the authorityto make payments to the Authority of counsel, and pay counsel fees, court costs, vested in it by subparagraphs (2) and amounts which will be sufficient to pro­ baU, and other expenses incident to the 13869 13870 RULES AND REGULATIONS

representation, before the judicial tribunals conclusion of the proceedings or on the and administrative agencies of any foreign ments shall be executed for each appeal. nation, of persons subject to the Uniform appearance of the defendant in court A copy of the contractual agreement Code of Military Justice. So far as practi­ the bail or bond will be refunded to the shall serve as the obligating document. cable, these regulations shall be uniform for military authorities. Bail will be pro­ (c) If, because of local conditions or all armed forces. vided only to guarantee the presence of customs, it is not practicable to enter (b) The person on whose behalf a pay­ the defendant and will not be provided to into the formal contractual arrangement ment is made under this section is not guarantee the payment of fines or civil referred to in paragraph (b) of this sec­ liable to reimburse the United States for that damages. It is contemplated that pro­ payment, unless he is responsible for for­ tion, a letter of understanding or letter vision of bail will be made, in any case, of commission shall be executed between feiture of bail provided under subsection (a). only after other reasonable efforts have (c) Appropriations available to the mili­ the officer responsible under § 845.3, or tary department concerned or the Depart­ been made to secure release of pretrial his designee and the selected counsel. ment of the Treasury, as the case may be, custody to the United States by other Such letter of understanding or letter of for the pay of persons under its Jurisdiction normal methods. commission will be used to contract for may be used to carry out this section. § 845.6 Criteria for furnishing counsel the selected counsel’s services on a time § 845.3 Responsibility. and payment of expenses in civil or similar basis, and m il not bind the cases. Government to pay for services covering Request for provision of counsel, provi­ the entire defense of the case in the sion of bail, or payment of expenses will (a) Request for provision of counsel and payment of expenses in civil cases court of the first instance. If the se­ ordinarily be made by the defendant ac­ lected counsel refuses to execute the cused or cited in a foreign court or agency may be granted in both trial and appel­ late proceedings in either of the follow­ letter of understanding or letter of com­ through channels appropriate under the ing civil cases: mission, his services may nonetheless Circumstances to the officer exercising be requested in accordance with the let­ general court-martial jurisdiction over (1) Where the act complained of oc­ curred in the performance of official ter of understanding or amendments him. This officer will determine whether thereto. Commitments and obligations the request meets the criteria prescribed duty; or (2) Where the case is considered 'to for services obtained will be recorded in in this part and based upon such deter­ accordance with the provisions of para­ mination will take final action to ap­ have a significant impact upon the rela­ tions of United States forces with the graphed) of this section. prove or disapprove the request. How­ (d) A firm order or authorization to ever, within their geographical areas of host country, or the case is considered to involve a particular United States execute a letter of understanding shall responsibility, the Commander-in-Chief, interest. serve as the commitment document for United States Air Forces in Europe, and (b) However, no funds shall be pro­ the reservation of funds in the amount the Commander-in-Chief, Pacific Air vided under this part in cases where the estimated in such order or authorization, Force, in the interest of obtaining prompt United States of America is in legal effect whether or not the letter of understand­ and effective legal service, may desig­ the defendant, without prior authoriza­ ing is subsequently executed by the nate as approval authority, instead of tion of The Judge Advocate General, selected counsel. When the letter of the officer exercising general court-mar­ Headquarters USAF. understanding, bearing an estimate of tial jurisdiction, any subordinate USAF counsel fees and other expenses, is issued, officer having area responsibility in a § 845.7 Procedures for hiring of counsel the amount of the previously recorded particular country for all USAF person­ and payment of expenses. commitment may be amended, if appro­ nel subject to foreign criminal jurisdic­ (a) The selection of individual trial priate. Whether or not the letter of tion. or appellate counsel will be made by, or understanding is executed, the obligation § 845.4 Criteria for the provision of with the approval of, the defendant. shall be recorded at the time of the re­ counsel and payment of expenses in Such counsel shall represent the indi­ ceipt of, and to the extent of, the bill for criminal cases. vidual defendant and not the Govern­ services (provided that acceptance of the ment of the United States. Selection services has been certified in accordance (aX Requests for the provision of coun­ shall be made from approved lists of at­ with § 845.8), or at the time of, and to sel and payment of expenses in criminal torneys. Normally these lists will be the extent of, the payment for the serv­ cases may be granted in both trial and coordinated with the local court or bar ices, whichever occurs first. appellate proceedings in any one of the association, if any, and the appropriate (e) The provision of counsel and pay­ following criminal cases: diplomatic mission of the United States. ment of expenses under this part is not (1) Where the act complained of oc­ In any event, these lists will be composed subject to the provisions of the Armed curred in the performance of official only of attorneys who are qualified and Services Procurement Regulations (Sub- duty; or admitted for full practice, on their own chapter A, Chapter I of this title). How­ (2) "Where the sentence which is nor­ account, before the courts of the foreign ever, the contract clauses set forth in mally imposed includes confinement in country involved. Counsel fees and ex­ Part 7, Subpart E, Subchapter A, Chap­ excess of six months, whether or not such penses should conform to amounts paid ter I of this title, and Part 1007, Subpart sentence is suspended; or under similar circumstances by nationals E, Subchapter W of this chapter, may be (3) Where capital punishment might of the foreign country where the trial is used as a guide in contracting. be imposed; or held. When appropriate and reasonable (f) In consideration of the desirability (4) Where an appeal is made from in the case, the payment of expenses, in of timely procedural action, it is sug­ any proceeding in which there appears addition to counsel fees, may include gested that there be designated, from to have been a denial of the substantial court costs, bail costs, charges for obtain­ among the judge advocates on the staffs rights of the accused; or ing copies of records, printing and filing, of officers responsible under § 845.3, nec­ (5) Where the case, although not interpreter fees, witness fees, and other essary contracting officers with contract­ within the criteria established in sub- necessary and reasonable expenses. Ex­ ing authority limited to agreements de­ paragraph (1), (2), (3), or (4) of this penses will not include the payment of scribed in this section. The effect of this paragraph, is considered to have signifi­ fines or civil damages, directly or designation would be to combine within cant impact upon the relations of United indirectly. one office the duties of contracting offi­ States forces with the host country, or (b) Whenever possible a written agree­ cer and judge advocate. the case is considered to involve a par­ ment between the selected counsel and ticular United States interest. the officer responsible under § 845.3, or § 845.8 Payment of counsel fees and his designee acting on behalf of the other expenses. § 845.5 Provision of bail in criminal Payment of bills submitted by the cases. United States of America, shall be en­ tered into. The agreement shall cover selected counsel and other costs, shall be Funds for the posting of bail or bond counsel fees and, when appropriate, other made in accordance with the general pro­ to secure the release of personnel from visions of the AFM 177 series relating to costs, arising in defense of the entire payment of contractual obligations. All confinement by foreign authorities be­ case in the court of the first instance, and fore, during, or after trial may be fur­ payments under these procedures will be shall bind both parties with respect in local currency. Acceptance of serv­ nished in all criminal cases. Safeguards thereto. If the case is appealed to ices procured under these procedures should be imposed to assure that at the higher tribunals, supplemental agree­ shall be certified to by the officer respon- 13871 Thursday, October 8, 1964 FEDERAL REGISTER should be counseled on his obligation to sible under § 845.3, or his designee. Pay­ cerning court orders and decisions is covered in § 846.3. provide additional support to the best ments of bail may be made when author­ of his ability. A request for support in ized by such officers. Such authorization § 846.3 Court orders. addition to a Class Q allotment will be shall be in the form of a directing letter As a general rule, the Air Force ac­ referred to the airman concerned. or message citing 10 U.S.C. 1037, cepts a court order issued by a municipal. Where the airman fails to initiate a Class § 845.9 Reimbursement. State, or Federal court of the United Q allotment for his legal dependents, No reimbursement shall ordinarily be States in a case involving private in­ action will be taken in accordance with required from defendants with respect debtedness or support of legal depend­ paragraph 30221, AFM 177-105. In ap­ to payments made in their behalf under ents as the legal determination of the propriate cases dependency determi­ controversy. Compliance with the pro­ nations will be referred to the Air Force this part. However, all payments made Accounting and Finance Center, 3800 in behalf of a defendant who willfully visions of a court order is expected. The causes forfeiture of bail provided on his Air Force has no authority to relieve an York Street, Denver, Colorado, 80205, in individual of an obligation imposed by a accordance with AFM 177-105. behalf under these procedures shall con­ (c) Officers and Warrant Officers. stitute a debt owed to the United States court order, or arrearage accumulated thereunder. Relief must be obtained The amount constituting adequate sup­ and shall be recovered from the defend­ port is to be determined primarily by ant in accordance with the provisions of through a civil court of competent juris­ diction. agreement between the parties con­ Air Force regulations. cerned. In the absence of an agreement By order of the Secretary of the Air § 846.4 Soldiers’ and Sailors’ Civil Re­ in writing or a court order specifying a Force. ___ lief Act of 1940. definite amount of support, the imme­ F rederick A. R yker, The Soldiers’ and Sailors’ Civil Relief diate commander will explain to the Lt. Colonel, U.S. Air Force, Chief, Act of 1940 (54 Stat. 1178; 50 U.S.C. app. officer Air Force policy pertaining to his Special Activities Group, 501-590) provides certain protection and case. The officer will be counseled and Office of The Judge Advocate benefits for personnel of the Armed given an opportunity to resolve the General. Services. The legal officer serving the matter. The immediate commander will [F.R. Doc. 64-10225; Filed, Oct. 7, 1964; command should be consulted when review the case to determine if the offi­ 8:47 am.] questions arise as to its application in cer’s decision is consistent with Air specific cases. Force policy. The following will be taken into consideration: § 846.5 Policy on support of legal de­ PART 846— PRIVATE INDEBTEDNESS (1) Needs of dependents. pendents. (2) Amount of support normally pro­ AND SUPPORT OF LEGAL DEPEND­ (a) General. Air Force personnel vided per month prior to controversy. ENTS must provide adequate and regular sup­ (3) Number and age of legal depend­ A new Part 84S is added as follows: port to the best of their ability for legal ents. dependents until relieved from such obli­ (4) Current pay and allowances of Sec. gation by a civil court of competent officer. 846.1 Purpose and scope. 846.2 Disputed claims. jurisdiction. The Air Force has no au­ (5) Allowances received by officer by 846.3 Court orders. thority to relieve an individual of this reason of his dependents. 846.4 Soldiers’ and Sailors’ Civil Relief Act obligation. Failure of Air Force person­ (6) Any other facts pertaining to the of 1940. nel to provide adequate support for their individual case such as illness, financial 846.5 Policy on support of legal dependents. legal dependents without good cause re­ difficulties of dependents, etc. 846.6 Policy on private Indebtedness. flects adversely upon the Air Force. 846.7 Action In cases of noncompliance. Pending or contemplated court action Request for support from the parents of an officer will be referred to the officer Authority: The provisions of this Part 846 does not relieve an individual from this Issued under sec. 8012, 70A Stat. 488; 10 obligation. Once a court order is issued for his personal action. Parents will be U.S.C. 8012, except as otherwise noted. which specifies a definite amount to be advised of this referral. Source: AFR 35-29, September 6, 1955; paid for support, this amount will usually (d) Higher grade airmen. In the ab­ AFR 35-29A, September 6, 1963. be considered the extent of an indi­ sence of a court order or an agreement vidual’s obligation. The legal obligation between the parties specifying an § 846.1 Purpose and scope. amount of support to be provided, an This part sets forth Air Force policy of Air Force personnel to support minor legitimate children continues even airman in the grade of E-4 with oyer 4 pertaining to matters of private in­ years of service or an airman of higher debtedness and support of legal depend­ though a divorce decree is silent concern­ ing their support. The assumption of grade is expected to provide an amount ents. It provides guidance for com­ at least equal to his quarters allowance manders in handling complaints of this additional responsibilities or remarriage as a minimum support for a wife and/or nature and establishes the position of the does not release this obligation nor may parents waive the right of a minor child children of his present marriage unless a Air Force in regard to court orders and to support from the father; such relief lesser amount is specified by or on be­ disputed claims. must be obtained through legal action. half of the dependent. The Air Force § 846.2 Disputed claims. has no legal authority to relieve an air­ (b) Lower grade airmen. The De­ man of his obligation to support his de­ Ordinarily the Air Force is without au­ pendents Assistance Act of 1950 as pendents or to determine the merits of a thority to adjudicate a genuine dispute amended (50 U.S.C. app. 2201, et seq.; and family dispute relative thereto, includ­ regarding the facts or the law concern­ see AFM 177-105 (Military Pay—Volume ing the question of abandonment, unless ing an alleged debt or claim. If the 1 Policies and Personnel Procedures)) provides airmen in pay grades of E -l, the facts are admitted by both parties. parties involved cannot arrive at an E-2, E-3, and E-4 with less than 4 years Relief from an obligation for support is agreement, the- controversy then be­ of service a means of furnishing support normally a matter for decision by a civil comes a matter to be considered by a court of competent jurisdiction. The re­ for legal dependents through a Class Q quirement to furnish the above-specified civil court of competent jurisdiction. allotment, provided the dependents do However, when a dispute arises, the com­ not o c c u p y Government quarters. amount of support to dependents of a mander will determine whether the Air present marriage does not modify an air­ When a lower grade airman complies man’s obligations to support dependents Force member’s contention is made in with this act, such compliance will gen­ of previous marriages, and to comply good faith. Commanders should utilize erally be considered as meeting Air Force with court orders relative thereto. Air­ their staff judge advocates when neces­ requirements for support in the absence men who fail to comply with this policy sary to insure proper consideration and of a court order or agreement between will be considered for possible action analysis of the member’s contention. the parties to the contrary. However, under § 846.7. The provisions of this section do not where there are a large number of de­ apply to controversies and disputes that pendents, illness in the family, or any § 846.6 Policy on private indebtedness. have been adjudicated by a court of com­ other factors which result in financial Air Force personnel are expected to petent jurisdiction. The policy con­ difficulties for his family, the airman pay promptly their legal obligations. 13872 RULES AND REGULATIONS

The fact that an individual is serving By order of the Secretary of the Air § 850.17a Security Requirements Check in the Air Force does not relieve him Force. List (DD Form 254). from financial responsibility for private F rederick A. R yker, debts even though the financial affairs of Lt. Colonel, U.S. Air Force, (a) Periodic review of DD Forms 254. service personnel are of a private nature Chief, Special Activities (1) The project commander shall estab­ and as such beyond the authority of the Group, Office of The Judge lish a suspense system to insure that Air Force to control. The Air Force has Advocate General. the DD Form 254 for a prime contract no authority to act as an intermediary is reviewed at the times specified in para­ [RR.Doc. 64-10226; Piled, Oct. 7, 1964; graph 6-104, AFR 205-4. The project to collect private debts on behalf of a 8:47 a.m.] complainant; nor do commanders have officer shall accomplish the review and authority to direct personnel under their shall notify the PCO, in writing, whether command to take specific action concern­ SUBCHAPTER E— SECURITY the classifications of information in­ ing their financial affairs. The pay of volved in a contract remain the same or Air Force personnel is not subject to PART 850— SAFEGUARDING have been changed or cancelled. The garnishment and cannot be diverted to CLASSIFIED INFORMATION review shall include a check to insure that the classification of the various satisfy private indebtedness. The only Miscellaneous Amendments exceptions are in the case of support of elements of the contract work is con­ legal dependents of airmen as provided 1. Revise § 850.9(h) to read as follows: sistent with the most recent classifica­ tion assigned by the commander having for in the Dependents Assistance Act of § 850.9 Dissemination and disclosure 1950; when levies on account of delin­ original classification authority. If se­ authority. curity considerations fail to support fully quent Federal income taxes are served on ***** Air Force finance officers by the Internal the assigned classification, or if it ap­ Revenue Service; or as otherwise speci­ (h) For historical research by persons pears that an item of information no fically provided and required by law. Air outside the Executive Branch of the longer warrants protection as security Force personnel will make every effort United States Government. All requests information, the project officer shall re­ to resolve their financial difficulties and by persons outside the Executive Branch quest that the classification be reviewed of the United States Government for by the commander having original classi­ to prevent them from becoming the sub­ fication authority. ject of official correspondence. Contin­ access to,classified information in con­ ued non-payment of an acknowledged nection with historical research projects (2) The PCO is responsible for issuing or adjudicated obligation without good shall be forwarded through channels to a revised DD Form 254, when appropriate, cause reflects adversely upon the Air the Office of Information (SAFOI), or for notifying the ACO, contractor, Force. OSAF, Washington, D.C., 20330, for ac­ and all other recipients of the form, in tion. SAFOI shall be responsible for the writing, of the results of the review, § 846.7 Action in cases of noncompli­ following in administration of this pro­ whether or not changes in classification ance. gram; requirements are involved. If, after counseling, the individual (1) Determine if the access requested (3) The ACO is responsible for check­ fails without good cause to resolve the is clearly consistent with the interests of ing on the fulfillment of contract obli­ issue or his actions bring discredit upon national defense. gations by the Government as well as the Air Force, the immediate command­ (2) Obtain investigation of individuals by the contractor. Therefore, he must er will determine if sufficient basis exists for whom access is requested, as pre­ maintain a record for each classified to warrant administrative or disciplinary scribed in AFR 205-6 for personnel out­ contract he administers, showing the action. Administrative or disciplinary side the Executive Branch of the United date the DD Form 254 was reviewed. action normally will not be required States Government engaged in historical If his records disclose that the project where the member is complying with his research projects. command has been delinquent in review­ financial obligations to the best of his (3) Determine trustworthiness of indi­ ing these forms, he shall request them financial ability under the circumstan­ viduals for whom access is requested In to comply with the provisions of sub- ces and where a failure to comply fully accordance with the standard and cri­ paragraph (1) of this paragraph. with his financial obligations is caused teria outlined in AFR 205-6. (4) Following the review of the DD by a bona fide financial inability arising (4) Authorize or deny access requested Form 254 for a prime contract, the ACO through no, fault of the member. In based on above determinations. must conduct a similar review of the cases of continued financial irresponsi­ (5) Prescribe locations, schedules, and classification instructions issued for re­ bility or where there are acts of evasion, circumstances in which research may be lated subcontracts. The ACO may re­ fraud, or deceit, administrative or dis­ conducted. quest the prime contractor to assist in ciplinary action should be taken. This (6) Prohibit removal of any classified the revision of a subcontractor’s classi­ may be in the nature of an administra­ material, including classified notes and fication instructions. Any notice of tive admonition or reprimand, proceed­ manuscripts, by researchers from the change must be approved and signed by ings to determine the fitness of the of­ U.S. Government facility designated for the contracting officer. the conduct of research. fender to be retained in the service § 850.19 [Amended] (AFRs 36-2 (Administrative Discharge (7) Establish specific arrangements Procedures (Unfitness, Unacceptable for Air Force review of research notes 4. In § 850.19(d), in the first sentence Conduct, or in the Interest of National and manuscripts. of paragraph (d), the word “will” is Security)), 36-3 (Administrative Dis­ (8) Forward manuscripts for review amended to read “shall,” and in para­ charge Procedures (Substandard Per­ by Directorate for Security Review, As­ graph (e), the word “will” is amended to formance of Duty)), 39-17 (Discharge of sistant Secretary of Defense (Public Af­ read “shall.” Airmen Because of Unfitness), 45-40 fairs), if deemed necessary. §850.20 [Amended] (9) Assure that classified information (Discharge of Officers of the AFRes by is not published in final historical re­ 5. In § 850.20(a) (1) the word “will” in Reason of Misconduct or Inefficiency) * search manuscripts or otherwise sub­ the last two sentences is amended to or 45-43 (Administrative Discharge of jected to compromise. read “shall.” Airmen Members of the AF Reserve)), 6. Revise § 850.24(d) (2) to read as nonjudicial punishment under Article 15 § 850.10 [Amended] follows: of the Uniform Code of Military Justice, 2. In § 850.10(a) the phrase “will be § 850.24 Consultants. or trial by court-martial. The action accompanied” is amended to read “must * * * * * taken should be designed to improve dis­ be accompanied.” And in paragraph (d) * * * cipline in the Air Force and to maintain (c) (2), the phrase “aliens will” is amend­ (2> If the consultant services are per­ the standards of conduct expected of ed to read “aliens must.” formed on the premises of the Air Force Air Force personnel. 3. Add new § 850.17a as follows: agency and the classified information is Thursday, October 8, 1964 FEDERAL REGISTER 13873 ing program. (The provisions of § 870.15 Sec. not removed from such premises, no fa­ 88126 Sanitary and Industrial Hygiene cility clearance is required. The con­ (a) (4) also apply to these cadets.) Engineer (AFSC 9121). tractor and his employees performing ***** 881.37 Medical Entomologist (AFSC 9131). the personal services must jointly exe­ (Sec. 8012, 8540, 9381-9387, 70A Stat. 488, 881.38 Clinical Laboratory Officer (AFSC cute the certificate prescribed in para­ 527, 568-571; 10 U.S.C. 8012, 9382-9387) 9151). graph 2-114.2a, APR 205-4. Those per­ [AFR 45-48A, August 4, 1964] 881.39 Aviation Physiologist (AFSC 9161). 881.40 Health Physicist (AFSC 9171). sonnel requiring access to classified in­ By order of the Secretary of the Air 881.41 Clinical Psychologist (AFSC 9181). formation must be granted a personnel 881.42 Psychiatric Social Worker (AFSC security clearance prior to being granted Force. F rederick A. R yker, 9191). access. Lt. Colonel, U.S. Air Force, Authority: The provisions of this Part 881 (Sec. 8012, 70A Stat. 488; 10 U.S.C. 8012) Chief, Special Activities issued under sec. 8012, 70A Stat. 488; 10 [ AFR 205—1A, May 1, 1964; AFR 205-1B, May Group, Office of The Judge U.S.C. 8012; 10 UJS.C. 591, 593, 8067, 8353, 15, 1964} Advocate General. 8358, 8359, and 8444. Source: AFM 36-5, February 5, 1964. By order of the Secretary of the Air [F.R. Doc. 64-10228; Filed, Oct. 7, 1964; Force. 8:47 a.m.] Subpart A— General F rederick A. R yker, Lt. Colonel, U.S. Air Force, § 881.1 Purpose. Chief, Special Activities SUBCHAPTER I— MILITARY PERSONNEL Sections 881.1 to 881.42 state the poli­ Group, Office of The Judge cies and procedures that govern the di­ Advocate General. PART 881— APPOINTMENT OF OFFI­ rect appointment of commissioned offi­ [F.R. Doc. 84-10227; Filed, Oct. 7, 1964; CERS IN THE UNITED STATES AIR cers as Reserves of the United States 8:47 ajn.] FORCE OR AS RESERVES OF THE Air Force or as commissioned officers in AIR FORCE the United States Air Force. They ex­ plain the method of application, eligi­ SUBCHAPTER H— AIR FORCE RESERVE OFFICERS' A new Part 881 is added as follows: bility requirements and where to apply TRAINING CORPS Subpart A— General for appointment. Sec. § 881.2 Duration of appointment. PART 870— POLICIES AND PROCE­ 881.1 Purpose. DURES FOR THE ORGANIZATION, 881.2 Duration of appointment. All Reserve of the Air Force appoint­ ADMINISTRATION AND OPERA­ 881.3 Temporary appointments. ments are for an indefinite term. All 881.4 Responsibility. United States Air Force (temporary) ap­ TION OF THE AFROTC 881.5 Delegation of authority. 881.6 Procurement objectives. pointments effected during a war or Miscellaneous Amendments emergency will continue unless sooner Subpart B— Eligibility Requirements terminated, for the duration of such war § 870.10 [Amended] 881.7 Who may apply for appointment. or emergency and for 6 months there­ 1. In §870.10 (b)(1) and (b)(2) 881.8 Persons ineligible to apply. after. amend “Headquarters USAF (AFPTR) ” 881.9 Moral requirements. to read “USAF Military Personnel Center 831.10 Citizenship requirements. § 881.3 Temporary appointments. (AFPMPB), Randolph AFB, Tex. 78148.” 881.11 Medical requirements. Appointments in the United States Air 881.12 Age, education, experience, and grade 2. Revise 5 870.11(b)(1) to read as requirements. Force without component (temporary) follows; will be made only in accordance with Subpart C— Application and Processing § 870.11 Loyally requirements. special instructions issued by the Chief Procedures of Staff, United States Air Force. • * * . • * 881.13 Method of application. § 881.4 Responsibility. (b) * * * 881.14 Security certificate. (1) The student must file the DD881.15 Testing. (a) The Chief of Staff, United States Form 98 sufficiently in advance of the 881.16 Disqualified applicants. Air Force, will make all of the following announced enrollment date to permit a Subpart D— Appointment of Judge Advocate ( selections, except as may be otherwise National Agency Check, or other inves­ Officers delegated: tigation as may be required. Results 881.17 Application. (1) Final selections for appointment should be available during the first term, 881.18 Professional qualifications. in grades above Captain. quarter, or semester following enroll­ 881.19 Appointment and reappointment. (2) All selections for appointment of ment. persons designated to perform medical, Subpart E— Appointment of Chaplains 3. Revise § 870.20(c) to read as dental, and allied specialist duties. follows: 881.20 Application for the Air Force chap­ (3) All selections and appointments of laincy. former officers of the Regular Air Force. § 870.20 Credit for previous military 881.21 Compensatory professional consid­ (b) The Commander, Continental Air training. erations. 88122 Ecclesiastical Indorsement. Com m and, will be responsible for the ***** 881.23 The chaplain candidate program. selection and appointment of Chaplins (c) Credit for academy or senior divi­ and all other personnel unless otherwise sion ROTC training. If the candidate is Subpart F— Appointment of Physicians, Dentists, specified in this part or other procure­ eligible to enroll and is accepted, the Veterinarians, Nurses, and Medical Specialists ment directives. PAS may waive on a year-for-year basis 881.24 Application. (c) The Commander, Air Training as much of the AFROTC program as he 88125 General qualifications for appoint­ Command, will be responsible for the considers equivalent to previous training ment. selection and appointment of Judge Ad­ 881.26 Doctors of medicine. vocate officers to meet active duty at the UJS. Air Force Academy, U.S. 881.27 Doctors of dentistry. Military Academy, UJS. Naval Academy, 88128 Doctors of veterinary medicine. requirements. or U.S. Coast Guard Academy, or in the 881.29 Nurses. (d) The Commanders delegated re­ senior division of the Army ROTC or 831.30 Medical specialists. sponsibility under this section will im­ Naval ROTC. A cadet may not be com­ plement this part. They may determine missioned in the USAF unless the sum­ Subpart G— Appointment of Officers in Medical administrative procedures necessary to mer training phase is successfully com­ Service, USAF accomplish the required procurement pleted or, in exceptional cases, unless 881.31 Application, processing, and selec­ objectives and insure that only properly credit is given for similar training taken tion. qualified persons are tendered appoint­ while a member of another officer train­ 881.32 M edical Administrative Officers ments. ing program. The Commandant, (AFSC9021). § 881.5 Delegation of authority. AFROTC, is authorized to grant summer 881.33 Medical Supply Officer (AFSC 9031). training accreditation for training taken 881.34 Pharmacy Officer (AFSC 9051). Commanders responsible for imple­ while a member of another officer train- 881.35 Optometry Officer (AFSC 9061). menting this part may delegate to sub- 13874 RULES AND REGULATIONS

ordinate commanders, not below the (2) A former officer of the Regular § 881.8 Persons ineligible to apply. equivalent of numbered Air Force level, Air Force, who has no service obligation such authority granted to them as they and is separated honorably by reason of The following persons are ineligible to may consider appropriate in carrying out unqualified resignation, may at the time apply for appointment as Reserve officers the provisions of this directive. Sub­ of tender of resignation or upon written of the Air Force under this part: ordinate commanders may not redele­ application submitted within 1 year sub­ (a) Commissioned officers of the gate such authority. Upon request of sequent to discharge request an appoint­ Armed Forces serving on active duty, ex­ the responsible commander, other major ment as a Reserve Officer of the Air cept as provided in Subpart D of this air commanders will assist in the imple­ Force. Upon approval of the Chief of part. mentation of this part. Staff, United States Air Force, person­ (b) Persons who have previously made application for appointment under this §881.6 Procurement objectives. nel appointed under this authority will be initially assigned to the Non-Aflfiliated part, and whose appointments have been (a) Appointments will be made in such Reserve Section, Air Reserve Records denied by reason of nonqualification, numbers, grades, and Air Force special­ Center (CONAC), in a Standby status, are ineligible to apply for appointment ties as may be required and authorized unless he applies for a Ready Reserve for 12 months from the date of notifica­ from time to time by the Chief of Staff, mobilization assignment in accordance tion of previous rejection. United States Air Force. These author­ with AFM 35-3 (Air Reserve Forces Per­ (p) Persons who have been eliminated izations will constitute procurement ob­ sonnel Administration). from training programs leading to a com­ jectives and will establish quotas by (3) A former officer of the Regular mission as an officer, except as otherwise number, grade, and Air Force specialty Air Force who submits a written appli­ provided in this section: for all officers to be appointed. cation for appointment as a Reserve of­ (1) Who resigned or were dismissed (b) Persons selected for appointment ficer of the Air Force within 1 year but from officer training programs of the must be fully qualified in accordance with subsequent to 90 days after discharge, Army, Navy, or Air Force because of criteria contained in this part and/or must submit those documents required military inaptitude, indifference, unde­ other directives. Procurement objec­ by § 881.13(a) (1), (2), (3), (4), (5), sirable traits of character, or disciplinary tives will not be approved solely to permit (6), (7), (11), and (12>. Applications reasons. Superintendents of military the appointment of named persons. Ap­ will be submitted direct to the Director academies and commanders of Officer pointment is not assured merely by rea­ of Military Personnel, Hq USAF (AFP- Training Programs may recommend son of meeting the established require­ MPJC2), Washington, D.C., 20333. waivers to the Secretary of the Air Force ments. Only those persons who are best (4) Appointment may be made in the in exceptional cases. qualified will be appointed. grade in which serving at time of dis­ (2) For lack of academic progress or (c) Appointments tendered in accord­ charge.'' Constructive service appropri­ a breach of the Honor Code; their ap­ ance with this part will be made to fill ate for the grade will be awarded based plications will be referred to Director authorized Ready Reserve position va­ on length of active Federal commis­ of Military Personnel Hq USAF cancies or active duty requirements un­ sioned service and education where ap­ (AFPMPJC2), for review. less otherwise provided in this part. plicable. In the event an applicant does (3) From a civilian operated military (d) Outstanding persons in business, not have the length of service which institution by the educational authorities scientific, professional, or technical fields would permit the crediting of sufficient because of minor violations of the insti­ who do not meet eligibility criteria, but constructive service for Reserve appoint­ tution’s Honor Code; their applications who have demonstrated through their ment in the active duty grade, satis­ will also be referred to Director of Mili­ civilian occupation that they are out­ factory performance in the active duty tary Personnel, Hq USAF (AFPMPJC2). standing in their respective fields, may grade constitutes the basis for the award (4) No individual may be appointed as be appointed upon approval of the Sec­ of the minimum amount of constructive an officer until after the date of gradu­ retary of the Air Force. Generally they service appropriate to the Reserve grade ation of the class from which he has been must have attained such prominence in as indicated in the table at the end of eliminated. their field or specialty as to be nation­ this paragraph. Constructive service (d) Persons who are conscientious ob­ ally known. possessed by an applicant that is in ex­ jectors. Conscientious objectors may be Subpart B— Eligibility Requirements cess of that required for the grade in defined as noncombatants or persons who which appointed will be awarded as serv­ for conscience sake object to warfare, § 881.7 Who may apply for appoint­ ice in grade and identified as a promo­ military service, or the legitimate use of ment. tion service date (PSD). No individual military weapons. (a) Eligible personnel. Except for will be appointed as a Reserve officer in (e) Persons who admit or whose rec­ persons who are ineligible under § 881.8, the grade higher than that in which he ords show, or it is reasonably believed, qualified persons, with or without prior served on active duty. Accordingly, that they have at any time engaged in military service, are eligible to apply for constructive service credit in excess of any of the activities set forth in AFR appointment under this part. This in­ the maximum authorized for the active 35-62 (Security Program). cludes all members of the Air Force Re­ duty grade will not be awarded regardless (f) Persons having a record of con­ serve seeking appointment in a grade of length of actual service. For ex­ viction by any type of military or civil higher than that presently held, pro­ ample, an applicant whose highest ac­ court for other than a minor traffic vided that, in the case of officer ap­ tive duty grade was captain must be violation. Such personnel, however, awarded at least seven but less than 14 may request the commander responsible plicants, they are not serving on extended years constructive service. active duty. Appointments will be made for implementation of this part to con­ Constructive Service sider granting a waiver in the case of only to meet procurement objectives as other minor violations which are non­ authorized in § 881.6 or other directives, Minimum years recurrent and which are not considered except for those persons referred to in of constructive prejudicial to performance of duty as paragraph (b) of this section. When active duty grade is: service are First Lieutenant-______~____ 3 an officer. Any request for waiver under (b) Former officers of the Regular Air Captain______7 this paragraph must be submitted by the Force. (1 j An officer of the Regular M ajor______14 applicant with his application, stating Air Force who is separated honorably by Lieutenant Colonel—______21 fully the circumstances of the case. reason of unqualified resignation and has Colonel _____ -______s f____ 23 Each request for waiver will be con­ sidered on its own merit. a remaining service obligation, may be (c) Former Reserve officers of any of separated contingent upon acceptance the services. Former Reserve officers of (g) Former officers, warrant officers, of a Reserve appointment in grade to any of the services may be appointed in or enlisted personnel of any of the Armed which entitled. The appointee will then Forces who were discharged under con­ any specialty for which they are qualified ditions other than honorable, who were be initially assigned to the Ineligible Re­ and for which there is a procurement serve Section, Air Reserve Records Cen­ released from military service by reason quota. Former Reserve officers may not of unsatisfactory service, or who were ter, Continental Air Command, in a be tendered appointments based solely discharged from the Reserve under the Ready Reserve Status. on prior service. provisions of AFRs 45-40 (Discharge of Thursday, October 8, 1964 FEDERAL REGISTER 13875 Officers of the AF Reserve by Reason of their Selective Service Boards that they cialty for which applying. Normally, Misconduct or Inefficiency), 45-41 (Ad­ are not scheduled for induction within the minimum educational requirements ministrative Separation of Officer Mem­ the -following 120 days. Persons who for appointment will be a baccalaureate bers of the AF Reserve (paragraphs 20 have applied and who subsequently are degree in the field of study appropriate through 32)), 45-43 (Administrative classified 1-A may remain eligible for to the specialty for which applying. Discharge of Airmen Members of the AF consideration until the date of notifica­ However, a few specialties may specify Reserve (paragraphs 15 through 28)), or tion to report for induction at which an educational requirement less than a similar directives of the Armed Forces. time they become ineligible for further baccalaureate degree. In these in­ (h) Former officers who resigned their consideration or appointment. stances at least 2 years of college (60 commissions in lieu of courts-martial, (m) Persons who at the time theysemester hours or the equivalent) and 1 reclassification, or elimination from the reach 60 would not be eligible for retired year of qualifying experience substituted service. pay. for each year of college study required to (i) Officers separated or who resigned § 881.9 Moral requirements. qualify for the appropriate baccalaure­ in lieu of separation under the following ate degree, will be minimum. Experi­ statutes: Applicant must possess high moral ence thus applied must be experience (1) Title I, Army and Air Force Vital- character and personal qualifications. gained and evaluated as defined in para­ ization and Retirement Equalization Act § 881.10 Citizenship requirements. graph (d) of this section. (b) Age. By law no person will be of 1948 (formerly 10. U.S.C. 8781 and An officer appointed as a Reserve of 8786, now repealed and superseded by appointed as a Reserve officer of the Air the Air Force under this part must at Force who is under the age of 18 years. subparagraph (6) of this paragraph). the time of appointment be a citizen of (2) Section 514, Officer Personnel Act Female applicants will not be appointed the United States. Applicants who are under the age of 21 years, except nurses, of 1947 (61 Stat. 902, formerly 10 U.S.C. not citizens of the United States by birth 941a, now superseded) or 10 U.S.C. 8303. who may be appointed as second lieuten­ must furnish a certificate by an officer, ants at age 20. Females with no prior (3) Section 23, National Defense Act notary public, or other person authorized (39 Stat. 181, formerly 10 U.S.C. 484a, military service will not be appointed by law to administer oaths, giving the after they reach 35 years of age, unless now superseded) or 10 U.S.C. 8814. following information: (4) Section 249, Armed Forces Reserve they possess unusual qualifications. Fe­ Act of 1952 (66 Stat. 495, formerly 50 I certify that I have this date seen the males may not be appointed in a grade U.S.C. 992, now superseded) or 10 U.S.C. original Certificate of Citizenship Number above lieutenant colonel. The following _____ or certified copy of court order estab­ table, showing the maximum age for 1163. lishing citizenship stating that------grade, will apply for appointments made (5) Section 509(b), 518(b), 522, 523, (Full name) 524, and 525, Reserve Officer Personnel ______was admitted to United States cit­ under this part unless otherwise indi­ Act of 1954 as amended (68 Stat. 1174, izenship by the Court of------cated. 1178, 1180, formerly 50 U.S.C. 1339^1348, (District or county) Grade: Year 1350, 1352-1355, now superseded), 10 ______,____ o n ------—— Second lieutenant______Less than 28 U.S.C. 8819, 10 U.S.C. 8377, or 10 U.S.C. (State) . - (Date) First lieutenant______- Less than 34 8843-8852. Note: Facsimiles or copies, photographic Captain______Less than 40 (6) 10 U.S.C. Chapter 859 or 860 (10 or otherwise, will not be made of natural­ Major______Less than 46 ization certificates under any circumstances. Lieutenant colonel------Less than 51 U.S.C. 8781-8787 or 8791-8797). C olonel______Less than 56 (j) A female applicant who is the 19 U.S.C. 1426(h) provides that “whoever, parent by birth or adoption of a child without lawful authority, prints, photo­ (c) Education. Only that education under 18 years of age for whom she has graphs, makes or executes a print or impres­ above high school level gained at an ac­ sion in the likeness of a certificate of arrival, personal or legal custody; is the step­ declaration of intention to become a citizen, credited institution will be acceptable parent of a child under 18 years of age or certificate of naturalization or citizenship, for purposes of this part. Institutions and the child is within her household or any part thereof, shall be fined not more recognized for credit ' under this part for a period of more than 30 days a year; than $5,000 or imprisoned not more than must have national or regional accredi­ or has personal custody of any child un­ five years, or both.” tations as listed in the Education Direc­ der 18 years of age. tory, Part 3, published by the Office of (k) Persons who will not be available § 881.11 Medical requirements. Education, Department of Health, Edu­ for active duty within 30 days: All applicants must be medically qual­ cation, and Welfare. The persons whose (l) From date of acceptance of ap­ ified, or medically acceptable with waiver credits are from other than a nationally pointment, for those persons whose ap­ for Air Force commission. A report of accredited institution will be considered pointments depend upon immediate medical examination will be accom­ as meeting thé educational requirements entry on active duty. plished not more than 90 days prior to of this part upon presentation of evi­ (2) From date of issuance of orders the date of application. Medical exam­ dence that their credits are acceptable calling that person to active duty in time ination will include serology, chest X-ray, for unconditional admission into the of war or national emergency hereafter audiogram determination, microscopic graduate school of, or for full transfer to, declared by the President or by Con­ urinalysis, lens correction, and for per­ a nationally or regionally accredited col­ gress, or when otherwise authorized by sons over 40 years of age, an electro­ lege or university, except as otherwise law for those persons whose appoint­ cardiogram. provided in this part. ments are based upon Air Force Reserve (a) Except for female applicants, (d) Experience. Only that experi­ requirements and not upon immediate medical examinations will be without ence related to thé specialty for which entry on active duty. expense to the Government. Female applying, gained through full-time em­ (3) Because of being principally en­ applicants for commission may be exam­ ployment in a responsible position, will gaged or employed in key positions in ined by qualified civilian physicians be acceptable for the purpose of this essential civilian or government activi­ where no military examining capability part. Except as otherwise provided ties related to the defense effort. exists. Funds provided for the operation herein, no experience will be acceptable (4) Because of undergoing appren­ of the USAF Recruiting Service will be unless the applicant has completed a ticeship training in critical civilian used for this purpose. Travel performed minimum of 12 months employment. In occupations. in connection with medical examinations cases where an applicant’s record of ex­ (1) Persons who have been ordered towill be without expense to the Govern­ perience gained through employment is report for pre-induction medical exami­ ment. questionable, a statement from the ap­ nation or other appropriate processing § 881.12 Age, education, experience, plicant’s employer will be obtained. usually conducted immediately preced­ and grade requirements. (e) Grade. The education possessed ing induction under the Selective Serv­ (a) General. An applicant must pos­by an applicant that is pertinent to the ice Act or Universal Military Training sess the minimum educational and ex­ specialty, will be converted to construc­ and Service Act, and persons classified perience requirements for appointment tive credit by years as indicated in the 1-A unless they obtain statements from as specified herein for the particular spe­ following table. No. 197------2 13876 RULES AND REGULATIONS Years of con- promotion service will be added to the Degree: structive credit credited law school and a copy of his Baccalaureate degree______;____ o amount of constructive service awarded certificate of admission to the bar of a Master’s degree______l for promotion service, except that in no Federal court or the highest court of a Doctor of philosophy.______3 case will any commissioned service be state, as applicable, will be forwarded to Bachelor of divinity______3 counted more than once in determining The Judge Advocate General, Hq USAf . Bachelor of laws. Doctor of Vet­ a PSD. For PSD determination, doctors (3) Completed Standard Form 88, erinary Medicine, or equivalent of medicine or doctors of dentistry ap­ “Report of Medical Examination,” in degree______3 pointed in the Air Force Medical Service Doctor of Medicine or Dentistry_ 4 duplicate, and completed copy of Stand­ to perform duties as medical or dental ard Form 89, “Report of Medical His­ Total experience by year, month, and officers may not be credited with less tory.” day possessed by an applicant on the than 4 years service, and physicians who (4) Five copies of DD Form 398, date of application that is pertinent to have completed an internship will be “Statement of Personal History,” with the specialty and in excess of that re­ credited with not less than 5 years. All detailed chronological statement of em­ quired by the specialty for appointment additional periods of professional ex­ ployment attached. as second lieutenant, will be converted to perience subsequent to date of gradua­ (5) DD Form 98, “Armed Forces Se­ constructive service by year, month, and tion from medical school or dental school, curity Questionnaire,” (2 copies) as re­ day, on a day-for-day basis. The con­ but prior to the date of actual appoint­ quired by AFR 35-62. structive education and experience ment in the Medical Corps or Dental (6) Completed FBI Applicant Finger­ credit thus possessed by an applicant on Corps, may be credited. In any event, print Card (2 copies). the date of application, will then be ap­ only that amount of service awarded for (7) Two copies of documentary evi­ plied in accordance with the following professional education, and experience dence of education level in the form of table tp determine the grade in which gained subsequent to graduation from transcripts of college work. Graduates the applicant may be appointed. medical or dental school, will be consid­ of recognized colleges of dentistry, medi­ Required combined education ered in establishing a PSD for physicians cine, optometry, pharmacy, and veteri­ and experience construc­ and dentists. Prior commissioned serv­ nary medicine, may submit two photo­ tive credit: Grade ice will not be credited for computation static or certified copies of college Less than 3 years-----Second Lieutenant. of PSD unless the prior commissioned diploiria in lieu of transcript of college At least 3 years but First Lieutenant, service was in the Medical Corps or work. less than 7 years. At least 7 years but Captain, Dental Corps of one of the military de­ (8) AF Form 125, “Application for less than 14 years. partments now included in the Depart­ Extended Active Duty With the United At least 14 years but Major, ment of Defense. States Air Force,” in duplicate, for those less than 21 years. (g) Computing TYSD, PSD, and persons/ whose appointments are con­ At least 21 years----- Lieutenant Colonel. TFCSD. The amount of service awarded tingent upon immediate entry on active Appointment to the grade of colonel to total years of service and promotion duty. Medical Service applicants will may, upon approval of the Chief of Staff, service, respectively, by year, month, and submit AF Form 99, “Application for Ex­ USAF, be tendered to those applicants day will be subtracted from the date of tended Active Duty With the USAF Med­ who have more than 23 years of com­ acceptance of appointment to determine ical Service,” or AF Form 100, “Applica­ bined education and experience, and the TYSD and the PSD. All prior com­ tion for Extended Active Duty With the who have not reached their 56th birth­ missioned service possessed by an ap­ USAF Medical Service Corps,” in lieu of day. plicant on the date of acceptance of a AF Form 125. (f) Award of constructive service. new appointment will be subtracted from (9) Conditional release from other (1) The constructive credit possessed by such date of acceptance to determine the Armed Force or component in which ap­ total Federal commissioned service date pointment is currently held, where an applicant is the amount of education applicable. (paragraph (c) of this section) and ex­ (TFCSD). For persons without prior perience (paragraph (d) of this section) commissioned service, the TFCSD will be (10) A certificate similar to the follow­ credited for appointment and will be the date of acceptance of appointment. ing except for applicants for appoint­ awarded as service in an active status These three dates will be entered on the ment under Subpart E of this part: and identified as total years service date file copy of the appointment documents I certify that I have not been ordered to (TYSD). and on basic records as TYSD, PSD, and report for pre-induction medical exami­ TFCSD, respectively. nation (or other appropriate processing usu­ (2) The constructive credit possessed ally conducted immediately preceding induc­ by an applicant that is in excess of that Subpart C—"Application and tion under the Selective Service Act or required for the grade in which appoint­ Processing Procedures subsequent Universal Military Training and ed, but less than that required for the Service Act). After submitting application next higher grade, will be awarded as § 881.13 Method of application. for appointment as Reserve officer of the Air service in grade and identified as a pro­ (a) The documents in subparagraphs Force, I further understand that any appoint­ motion service date (PSD). When the ment, enlistment, or order to active military (1) through (16) of this paragraph prop­ service in a branch of the service other than applicant does not possess constructive erly completed, constitute the applica­ the Air Force automatically renders me in­ credit in excess of the grade in which tion and allied papers/ In assembling eligible to accept an appointment as a appointed, a promotion service date of the application prior to forwarding, the Reserve officer of the Air Force. “O” will be awarded. requirements listed in subparagraphs (11) Any other documents or informa­ (3) Persons with present or prior (1) through (15) of this paragraph will creditable commissioned service will be tion the applicant may desire to submit be used as a checklist to insure that all as evidence of his qualifications for ap­ credited with such service subsequent to necessary information and papers have the determination of a grade in accord­ pointment under this part. been included, thus precluding delays (12) For a person who is a civilian em­ ance with paragraph (e) of this section. which would result from the return of Accordingly, such prior commissioned ployee of the Federal Government, a incomplete applications: “Certificate of Availability of Federal service will be added to the amount of (1) AF Form 24, “Application for Ap­ constructive service awarded, except Employee,” as required by AFM 35-3. pointment in the United States Air Force (13) The following statement, for that in no case will any service be count­ Reserve,” in triplicate. In the upper ed more than once in determining a those persons whose appointments are TYSD. right comer of the AF Form 24, applicant not contingent upon immediate entry on will specify the specialty for which ap­ active duty: (4) Persons with prior commissioned plication for appointment is being made. service creditable, except for physicians (2) Original or photostat of honor­ I hereby apply for a Ready Reserve mobili­ and dentists, for promotion service un­ zation assignment. In the event national able discharge certificate or certificate emergency conditions require the issuance of der 10 U.S.C. and its implementing reg­ of service, a copy of the orders effecting active military service order at some future ulations, which is in a grade equal to or discharge, and statement of service when date, I agree that I will not request a delay higher than the grade awarded under applicable. In the case of Judge Advo­ in the reporting date specified in such orders this part, will be credited with this prior except for hardship reasons. It is also my cate appointees, a copy of the individual's understanding that, under current Air Force time in grade. Accordingly, such former certificate of graduation from an ac­ policy, I will normally be given 30 days’ ad- 13877 Thursday, October 8, 1964 FEDERAL REGISTER vance notification prior to being required to part: Direct to the Commander, Conti­ ence may include governmental, judicial, report for active military service. However, nental Air Command. teaching, military legal experience, and I further understand that this advance noti­ (3) Persons applying for the appoint­ private practice. fication policy may be discontinued when ment as officers to perform medical, den­ (c) For officers applying for reappoint­ military conditions, as determined by the tal, veterinarian, medical service corps, ment as Judge Advocates, a statement Secretary of the Air Force, require such sus­ that the applicant understands that: pension in the interest of national security, nursing, and medical specialist duties and that I may be ordered to report for active under Subparts F and G of this part: (1) Upon reappointment his current military service immediately under such Direct to the Surgeon General, Hq USAF Reserve commission will be vacated; circumstances. (AFMSM), Washington, D.C., 20333. (2) His service credit will be subject to (Signature). Officers on active duty who apply for re­ recomputation as provided in § 881.12; appointment to a medical service spe­ (3) His TYSD and PSD will be ad­ (14) Persons applying for appoint­ justed accordingly; and ment under Subparts D, E, F, or G of this cialty and vice versa will submit appli­ cation through command channels. (4) The additional constructive service part must submit additional documents credit awarded counts toward mandatory as listed in those subparts, respectively. (4) Former officers of Regular Air Force: Direct to the Director of Mili­ transfer to the Retired Reserve under 10 (15) Male applicants who have not U.S.C. 863, as well as for appointment attained their 26th birthday and who tary Personnel, Hq USAF (AFPMPJC2). (5) Reserve officers of other branches and promotion purposes under 10 U.S.C. have had no prior military status, must 837. submit the following statement: of the Armed Forces applying for ap­ pointment: Through tiie unit command­ § 881.18 Professional qualifications. In the event I am tendered an appoint­ er having an assignment direct to the ment as a Reserve officer of the Air Force, Air Reserve Records Center, Continental Applicants possessing the following I understand that upon acceptance of ap­ Air Command, 3800 York Street, Denver, professional qualifications for the grade pointment I am required by law to serve concerned and who are otherwise quali­ on active duty and in a Reserve component Colorado. fied, may apply for appointment as a for a total of 6 years unless sooner dis­ (6) All others: Direct to the Com­ Reserve of the Air Force, Judge Advocate charged on grounds of personal hardship, in mander, Continental Air Command, or, accordance with regulations and standards if residing overseas^ to the major air General’s Department. prescribed by the Secretary of Defense. I commander having jurisdiction over the (a) First lieutenant. For appointment understand that, although the appointment area in which the person is located. as first lieutenant, the applicant must is tendered and accepted for an indefinite meet the age for grade requirements as term, my obligated service will be for a § 881.14 Security certificate. established by § 881.12(b), and be a grad­ period of 6 years. Of the time required to Each applicant will be required to uate of an accredited law school and a be served in the Air Force Reserve, I under­ comply with the provisions of AFR 35- member of the bar of a Federal court or stand that the first 5 years of this 6-year of the highest court of a State. A gradu­ period must be served as a combination of 62. The completed forms will be affixed active duty plus Ready Reserve service. The to the application. ate of an accredited law school may apply remaining time required to complete 6 years for appointment prior to admission to may be as a Standby Reservist. I further § 881.15 Testing. the bar provided that such applicant will understand that, while I am a Ready Re­ (a) Each applicant, with the exception not be tendered an appointment until servist I will be required by law to partici­ of those covered in § 881.13(b) (1), (2), documentary evidence has been sub­ pate in not less than 48 scheduled drills or (3) (Medical Service Corps applicants mitted showing admission to the bar. training periods annually, and perform not excluded), and (4), will be administered Seniors in attendance at an accredited more than 17 days of active duty for training law school may apply for appointment on each year, or to perform annually not more the Air Force Officer Qualifying Test in than 30 days of active duty for training. I accordance with current and appropriate the basis of their current transcripts, but understand that, if in any year I fail to instructions for administering and scor­ not more than 90 days prior to their perform such training duty satisfactorily ing of the AFOQT battery, to derive the scheduled date of graduation. Final as determined by the Secretary of the Air following aptitudes: transcripts must be submitted as soon as Force, I may be ordered, without my consent, (1) Officer quality. possible, and in no event will applicants to perform additional active duty for train­ (2) Observer technical aptitude. be tendered an appointment until after ing for not more than 45 days. If such (3) Verbal aptitude. graduation from law school and submis­ failure occurs during the final years of any sion of both their final transcripts and period of obligatory membership in the (4) Quantitative aptitude. Ready Reserve, I understand that such mem­ (b) The Air Force Officer Qualifying evidence of admission to the bar. bership will be extended for such time, not Test will be administered by a properly (b) Grade above first lieutenant. For exceeding 6 months, as may be required for designated test control officer. Any ap­ appointment in grades above that of first performance of such additional active duty plicant who does not attain the minimum lieutenant, applicant must possess all the for training. qualifying stanine score on the Officer qualifications specified in paragraph (a) (16) AF Form 1288, “Application forQuality portion of the test will not be of this section for appointment as first Reserve Assignments,” and a statement further processed. A certified document lieutenant, and meet the age and legal of aptitude scores will be attached to the experience requirements as specified in from the commander of the Ready Re­ § 881.12. Normally, appointments will serve unit that a vacancy exists within application for those successfully com­ pleting the AFOQT. not be made in field grades except in the unit and the appointment of the ap­ those cases where the applicant has had plicant is requested to fill the existing § 881.16 Disqualified applicants. that type of legar experience which, in vacancy, for those whose appointment the opinion of The Judge Advocate Gen­ is for inactive duty. Persons who are found not qualified for (b) Submission of application. Ap­appointment will be notified of their non­ eral, qualifies the applicant to satis­ selection. factorily perform judge advocate duties plications and allied papers will be for­ in the grade sought, in a legal specialty warded as follows: Subpart D— Appointment of Judge critically required by the Air Force. (1) Persons applying for appoint­ Advocate Officers ments in Judge Advocate General’s De­ § 881.19 Appointment and reappoint­ partment under Subpart D of this part: § 881.17 Application. ment. (1) Individuals seeking initial ap­ In addition to the documents required (a) Appointment. The Commander, pointments as Judge Advocates will sub­ by § 881.13(a), persons applying for ap­ Air Training Command, is authorized to mit applications through the USAF Re­ pointment as Reserves of the Air Force, tender appointments in all grades up to cruiting Offices to the Commander, Air Judge Advocate General’s Department, and including captain, as Reserve officers Training Command. must submit the following: of the Air Force, to eligible applicants (ii) Officers not on extended active (a) A certificate from proper authority upon the recommendation of a board of duty who apply for reappointment as showing admission to and present stand­ officers as reviewed and recommended by Judge Advocates will submit applications ing at the bar of a Federal court or of the the Staff Judge Advocate. Appoint­ directly to the Air Reserve Records Cen­ highest court of a State. ments in grades above captain may be ter, 3800 York Street, Denver, Colorado. (b) An affidavit from the applicant made by the Commander, Air Training (2) Persons applying for appointment containing a chronological statement of Command, only after review and ap­ as Chaplains under Subpart E of this his full legal experience. Legal experi­ proval of the applicants’ qualifications 13878 RULES AND REGULATIONS

by The Judge Advocate General, or his nominational authorizations exist within fessional experience as a minister, priest, designee, for the Chief of Staff. Original the Reserve quotas allocated by the Chief or rabbi. appointments in this specialty are con­ of Staff, Hq USAF, to the Commander, (ii) Have completed 4 years of gradu­ tingent upon the applicants’ consent to Continental Air Command. ate study in an accredited or recognized immediate entry upon extended active (b) Application procedure. (1) Indi­ theological seminary; have attained full duty and submission of AP Form 125, viduals applying for appointment as Re­ ecclesiastical ordination status; and have “Application for Extended Active Duty serve officers of the Air Force with the had a minimum of 3 years of active pro­ With the USAF.” specialty of chaplain, will submit their fessional experience as a minister, priest, (b) Reappointment. Subject to the applications directly to the Commander, or rabbi. applicable provisions of Subpart B of this Continental Air Command, for selection part and this subpart, Reserve officers and appointment. § 881.21 Compensatory professional of the Air Force who are not in a de­ (2) The applications must include all considerations. ferred status under 10 U.S.C. 8368 may the applicable forms and documents Applicants from religious denomina­ apply for reappointment as Judge Advo­ listed in Subpart C of this part, plus the tions which do not operate accredited or cates under this part under the following following (to be submitted in duplicate): recognized theological seminaries are un­ conditions: (1) Ecclesiastical indorsement. able to qualify for the theological re­ (1) The reappointment of applicants (ii) Certified scholastic transcripts. quirements of § 881.20(c) (2) (ii). How­ on extended active duty will be, made by (c) Qualifications and requirements— ever, if such denominations have at least Hq USAF. (•!> Age and grade, (i) Maxim um age 5,000 constituents (enlisted and officer (2) The reappointment of applicants and grade for appointment of chaplains personnel) on active duty in the Air not on extended active duty will be made will be: Force, applicants may receive compensa­ by the Commander, Air Reserve Records Less than 34 years------First Lieutenant. tory professional recognition by the Center (CONAC). Less than 40 years______Captain. Chief of Air Force Chaplains if they: (3) Officers in the permanent or tem­ (a) Have earned a minimum of 120 porary grade of colonel or below must (ii> In times of national emergency or semester hours of undergraduate work in have been designated as Air Force Judge war, or when a continuing serious short­ an accredited or recognized institution Advocates or assigned to The Judge Ad­ age of Air Force chaplains exists within of learning in the United States of vocate General’s Department, USAF, on a denomination, the Chief of Air Force America or Canada. the effective date of this part and be des­ Chaplains may grant age waivers not to (b) Have earned a minimum of 90 se­ ignated at the time of application. Ap­ exceed the maximum age of appointment mester hours of postgraduate work either plication must be made under this sub- by 3 years. in the social sciences, the humanities, paragraph <3) within one year of the (2) Educational requirements. Min­ or in Christian theology (or a combi­ effective date of this part. imum educational requirements for ap­ nation of all three) at an accredited or (4) Officers below the permanent and pointment in the officer specialty of recognized institution of learning. temporary grade of major who otherwise chaplain are: (c) Haves attained full ordination qualify for appointment as Judge Ad­ (i) 120 semester hours of undergrad­ status according to the terminology and vocates and who are not designated as uate study at an accredited or recognized requirements of their particular denom­ Judge Advocates or assigned to The institution of learning listed in the ination. Judge Advocate General’s Department, “Education Directory, Fart 3, Higher (d) Have had a minimum of 2 years may submit applications at any time. Education,” as published by the U.S. De­ of active professional experience as an (5) Officers who are reappointed under partment of Health, Education, and authorized functionary in their respec­ the provisions of this paragraph will be Welfare, Washington, D.C. tive denominations. credited with constructive service under (ii) 90 semester hours of graduate . Are actively engaged in their re­ 10 U.S.C. 8353, which service will count theological study at an accredited or ligious vocation at the time of appoint­ for appointment and promotion, and recognized theological seminary listed in ment. toward mandatory transfer to the Re­ the current “Bulletin” of the American tired Reserve under 10 U.S.C. 863. Association of Theological Schools in § 881.22 Ecclesiastical indorsement. (6) Applicants on extended active the United States and Canada. Applicants must include in their appli­ duty must be in career Reserve status. (3) Appointment in the grade of first cation a valid “Ecclesiastical Indorse­ (7) The reappointment of applicants lieutenant. Applicants may be initially ment” from their denominational indors­ not on extended active duty, who have appointed in the grade of first lieutenant ing agency. The “Ecclesiastical In­ not served on extended active duty, is if they do not exceed the age of 33 years dorsement” will be considered valid only contingent upon the applicant’s consent and can qualify for one or the other of if it has been issued by a religious in­ to immediate entry upon extended active the following constructive service credit dorsing agency which has been formally duty and submission of AF Form 125, categories: recognized by the Armed Forces Chap­ “Application for Extended Active Duty (i) Have completed 3 years of gradu­ lains Board of the Department of De­ With the USAF.’’ ate study in an accredited or recognized fense. The appropriate in d orsin g (8) Officers holding Reserve grades theological seminary; have attained full agency must certify in the “Indorse­ lower than those which they would be ecclesiastical ordination status; and have ment” that the applicant: entitled to by virtue of the additional had a minimum of 2 years of active pro­ (a) Is a fully ordained minister, constructive service credit are not eligible fessional experience as a minister, priest priest, or rabbi of the denomination the for reappointment. or rabbi. agency is legitimately authorized to rep­ (9) Reappointments in grades above (ii) Have completed 4 years of gradu­ resent, giving date, month, year, and captain may be made only after review ate study in an accredited or recognized place of applicant’s ordination. and approval of the applicant’s quali­ theological seminary; have attained full (b) Is professionally qualified and fications by The Judge Advocate General, ecclesiastical ordination status; and authorized to be appointed as a Reserve or his designee, for the Chief of Staff. have had a minimum of 1 year of active officer of the Air Force, with the spe­ Subpart E— Appointment of professional experience as a minister cialty of chaplain. priest, or rabbi. (c) Is authorized to enter on extended Chaplains (4) Appointment in the grade of cap- active duty in the active establishment § 881.20 Application for the Air Force tain. Applicants may be initially ap­ of the Air Force. chaplaincy. pointed in the grade of captain if they (d) Is engaged in the full-time pur­ (a) General. (1) Only qualified maledo not exceed the age of 39 years and can suit of his religious vocation. persons will receive consideration for qualify for one or the other of the follow­ (e) Has fulfilled the required years of appointment to the Reserve of the Air ing constructive service credit categories; active professional qualifying experience. Force as chaplains. Persons so qualified (i) Have completed 3 years of gradu­§ 881.23 The chaplain candidate pro­ and appointed will be awarded the Air ate study in an accredited or recognized gram. Force Specialty Code 8921. theological seminary; have attained full (a) In addition to being otherwise (2) Applications will be considered forecclesiastical ordination status; have qualified, applicants seeking appoint­ appointment only when military and de­ had a minimum of 4 years of active pro­ ment as chaplain candidates must: Thursday, October 8, 1964 FEDERAL REGISTER 13879 (1) Have satisfactorily completed a status, will be addressed as “Lieutenant” appropriate. The temporary appoint­ minimum of 120 semester hours of un­ and will indicate their written title as: ment to the grade of captain is contin­ dergraduate study at an accredited or 2d Lt, AFRes gent upon the individual’s entry on recognized college or university as out­ Chaplain Candidate active duty. lined in § 881.20(c) (2) (i). (c) Nurses commissioned as Reserve (2) Be enrolled in the second year of Chaplain candidates will not wear the of the Air Force officers (NG) may be chaplain insignia. credited with all full-time nursing ex­ study in an accredited or recognized (e) Termination of chaplain candidate theological seminary or school of re­ perience, subsequent to graduation from status. (1) The status of a chaplain a school of nursing. ligion as outlined in § 881.20(c) (2i) (i) candidate will be in force until his and (ii). theological training has been completed, § 881.26 Doctors of medicine. (3) Possess the potential professional ordination rites have been conferred, and (a) Appointment as first lieutenant. qualifications required for chaplains as the candidate fully meets the require­ (1) For appointment as first lieutenant, stated in § 881.20. ments for appointment as an Air Force applicant must : (4) Secure ecclesiastical approval to chaplain in accordance with the provi­ (1) Be a graduate of a medical school enter the Chaplain Candidate Program sions of this part. approved by the Surgeon General or of from the endorsing agency of the denom­ (2) A chaplain candidate’s commissiona foreign medical school, and furnish ination imder whose auspices he will will be terminated under 10 U.S.C. 1162 evidence of a permanent certification by qualify himself as a fully ordained min­ if he fails to complete the required theo­ the Educational Council for Foreign ister, priest, or rabbi. logical studies, or does not qualify as a Medical Graduates or permanent and (b) Procedure. The application pro­ chaplain under the provisions of § 881.20 unrestricted licensure in a state, the cedure established in Subparts C and E (c)(3), or is not appointed in the grade District of Columbia, the Commonwealth of this part will apply in the case of a of first lieutenant, Reserve of the Air of Puerto Rico, or a Territory of the chaplain candidate except: Force, with duty designation as a chap­ (1) AF Form 125, “Application for United States. lain, or if his ecclesiastical approval is (ii) Have completed 1 year internship Extended Active Duty With the United withdrawn. States Air Force,” will not be accom­ and be engaged in the ethical practice of plished or submitted. Subpart F— Appointment of Physi­ medicine. (2) The application will include a (iii) Possess a license to practice cians, Dentists, V ete rin arian s, medicine in a state or in the District of statement of ecclesiastical approval Nurses, and Medical Specialists signed by the applicant’s ecclesiastical Columbia or possess a diploma from the endorsing agent. § 881.24 Application. National Board of Medical Examiners. (2) Waiver of license and actual en­ (c) Appointment. "The appointment Persons applying for appointment as of a chaplain candidate is contingent gagement in practice may be made for Reserve officers of the Air Force in fields graduates of approved medical schools upon a military authorization and a de­ of medicine, dentistry, veterinary medi­ nominational quota vacancy as deter­ and for those who have attained perma­ cine, nursing, and medical specialties, nent certification by the Educational mined by the Commander, Continental may submit applications in accordance Air Command. Council for Foreign Medical Graduates. with § 881.13(b) (3). In addition to the Application for appointment must be (1) Theological students whose ap­documents required by § 881.13(a), each plications for appointment as chaplain made within 1 year after completion of applicant must submit: internship or residency training, pro­ candidates have been approved, will be (a) AF Form 17A (Triplicate), “Sup­ commissioned in the grade of second plement to Application for Commission vided that formal postgraduate medical lieutenant and will be awarded AFSC training has been continuous and unin­ in the United States Air Force—Medical terrupted since receipt of medical degree. 8821. At the time of appointment, each Service.” student will be required to sign the fol­ (b) Two photostats of license to prac­ (b) Appointment in higher grade. lowing certificate, which will become a tice. Nurses must have active registra­ For appointments in higher grades, ap­ part of his permanent file: plicants must possess all the qualifica­ tion in at least one of the States or in tions specified in paragraph (a) of this I understand that to retain my commission the District of Columbia. Applications as a Reserve officer of the Air Force I must may be submitted prior to actual receipt section for first lieutenant and have had successfully complete a minimum of 90 of license, provided evidence of satisfac­ the following minimum additional pro­ semester hours of graduate theological study tory completion of examination for li­ fessional experience, including intern­ at an accredited or recognized seminary. I censure is included with the remainder ship, residency, fellowship, or other grad­ further understand that failure to complete uate study at a hospital, public health this theological training satisfactorily may of the documents requested. In addi­ tion, nurse anesthetists must have doc­ agency, school of public health, research result in the termination of my commission institute, laboratory, medical college, as a Reserve officer of the Air Force. (Au­ umentary evidence of current certifica­ thority: 10 U.S.C. 1162.) Upon meeting the tion by the American Association of recognized teaching center, or similar qualifications as outlined in paragraph 24c Nurse Anesthetists. institution. (3), AFM 36-5, I will submit an application (c) Nurses must submit two photo- (1) Captain: Applicants must be en­ for appointment in the grade of first lieu­ static or certified copies of both diploma gaged in the practice of medicine in en­ tenant, Reserve of the Air Force, with duty and transcript of grades from schools vironments normally associated with designation as a chaplain. I agree to serve high professional standards. Applicants a minimum of 3 fuU years on extended active of nursing and/or college or university. duty as a chaplain if a quota for my de­ (d/ A recent 3 x 5-inch photograph. possessing these qualifications who have nomination exists and if my services are had 3 years of actual experience, are required by the Department of the Air Force. § 881.25 General qualifications for ap­ qualified for appointment in the grade If I am not ordered to extended active duty, pointment. of captain. I agree to apply for a Reserve assignment (a) The appointment of persons who (2) Major: Applicants must have had and serve for a minimum of 3 years unless possess professional and technical quali­ called to extended active duty sooner. In a period of intensive postgraduate train­ the event I am ecclesiastically ordained but fications and who are otherwise quali­ ing in a medical specialty, sufficiently not commissioned as a chaplain,-1 under­ fied, will be based on criteria established prolonged and of a caliber to insure the stand that my commission will be terminated for each specialty. Waiver of the maxi­ optimum in professional knowledge and under appropriate directives and Public-Law. mum age requirement may be granted by the Chief of Staff, USAF, for the ap­ technique, as judged by the standards normally associated with recognized (Signature of applicant) pointment of persons concurrently re­ questing extended active duty. teaching centers. Applicants, for direct (2) Submission of application: Appli­ (b) A reserve first lieutenant or cap­ appointment in the grade of major or cations, with allied documents, will be tain of the Medical or Dental Corps en­ higher, must ordinarily have been certi­ submitted direct to the Commander, tering on active duty shall be appointed fied by one of the American specialty Continental Air Command, for final re­ to the grade of captain (temporary) boards. Applicants possessing these view, approval, and appointment. effective the date of entry on active duty qualifications who have had 10 years of (d) Title of chaplain candidates.with date of rank as of date of gradua­ actual experience are qualified for ap­ Chaplain candidates, when in military tion from medical or dental school, as pointment in the grade of major. 13880 RULES AND REGULATIONS

(3) Lieutenant colonel: Applicants (4) Colonel: Applicants who have§ 881.29 Nurses. must have achieved such unequivocal achieved the outstanding background prominence as to make them authorities and ability in a specialty as indicated (a) Appointment as second lieutenant. in their field. Examples of such ap­ in subparagraph (3) of this paragraph For appointment as second lieutenant, plicants are those persons who are out­ for lieutenant colonel and have had 25 applicants must be graduates of schools standing contributors to scientific re­ years of actual experience are qualified of nursing offering not less than a 3-year search and to the development of the for appointment in the grade of colonel. basic curriculum and which are accept­ specialty under consideration. Appli­ (c) Substituting graduate study forable to the Surgeon General, USAF, must cants possessing these qualifications who professional experience. G raduate be 20 years of age, and possess current have had 17 years of actual experience study in dentistry may be substituted for registration in at least one of the States are qualified for appointment in the professional experience on a year-for- or in the District of Columbia. Appli­ grade of lieutenant colonel. year basis, not exceeding 3 years. cants who have a baccalaureate degree (4) Colonel: Applicants who have in nursing or a nursing specialty may achieved the outstanding background § 881.28 Doctors of veterinary medicine. be granted one year of constructive and ability in a specialty as indicated in (a) Appointment as first lieutenant. service. subparagraph (3) of this paragraph for (1) For appointment as first lieutenant, (b) Appointment in other grades. lieutenant colonel and have had 25 years applicant must: For appointment in other grades, appli­ of actual experience are qualified for ap­ (1) Be a graduate of a school of vet­ cants must, in addition to paragraph (a) pointment in the grade of colonel. erinary medicine or veterinary surgery, of this section, be qualified by the indi­ cated minimum number of years of pro­ § 881.27 Doctors of dentistry. approved by the Surgeon General, USAF. (ii) Be licensed to practice veterinary fessional experience and educational re­ (a) Appointment as first lieutenant. medicine in a State or in the District of quirements as outlined: (1) For appointment as first lieutenant, Columbia. (1) First lieutenant: (i) Three years applicants must: (iii) Be engaged in the ethical prac­appropriate professional experience, of (1) Possess a degree of doctor of dental tice of veterinary medicine. which at least 6 months must have been surgery or doctor of dental medicine (2) Waiver of license and actual en­ spent in active nursing within the 12- from a school of dentistry acceptable to gagement in practice may be made for month period prior to appointment, or the Surgeon General, USAF. graduates of approved schools of veteri­ (ii) Two years appropriate profes­ (ii) Possess a license to practice den­ nary medicine or surgery, if commis­ sional experience and a baccalaureate tistry in a State or in the District of sioned immediately upon graduation. degree in nursing or a nursing specialty, Columbia. (b) Appointment in other grades. or (iii) Actually be engaged in the ethi­ For appointment in other grades, ap­ (iii) One year appropriate professional cal practice of dentistry. plicants must, in addition to paragraph experience and a master’s degree in (2) Waiver of license and actual en­ (a) (1) of this section, be qualified by nursing, a nursing specialty, or a field gagement in practice may be made for minimum periods of acceptable profes­ allied to nursing, or graduates of approved dental schools, if sional experience as follows: (iv) Two years appropriate profes­ application for appointment is made (1) Captain: Applicants must be en­ sional experience and qualified by exam­ within 1 year after graduation or while gaged in the practice of veterinary medi­ ination as a nurse anesthetist by the American Association of Nurse Anesthe­ undergoing appropriate postgraduate in­ cine, a major portion of which must have tist, or struction or engaged in a dental intern­ been in environments normally associ­ ship. ated with high professional standards. (v) One year appropriate professional (b) Appointment in higher grades. Applicants possessing these qualifica­ experience, a baccalaureate degree in For appointment in higher grades, ap­ tions who have had 4 years of actual nursing or a nursing specialty, and quali­ plicants must possess all the qualifica­ experience, are qualified for appointment fication by examination as a nurse anes­ tions specified in paragraph (a) of this in the grade of captain. thetist by the American Association of Nurse Anesthetists. Applicants with section for first lieutenant and have had (2) Major: Applicants must give evi­ the following additional minimum ex­ more than 3 years of applicable experi­ dence of sufficient independent experi­ ence who do not meet the qualifications perience or training in environments ence to indicate mature judgment and normally associated with high profes­ for appointment in the grade of captain ability to function in the specialty with­ will be given constructive service credit sional standards: out professional supervision. Applicants to which entitled under this part, except (1) Captain: Applicants who possess for appointment in grade of major or that in no case will the applicant be the qualifications specified in paragraph higher ordinarily must have been cer­ credited with more than six years of (a) of this section for first lieutenant tified by an American Veterinary Spe­ service. and have had 3 years of actual experience cialty Board. Applicants possessing (2) Captain: Six years appropriate are qualified for appointment in the these qualifications who have had 11 professional experience plus a baccalau­ grade of captain. years of actual experience are qualified reate degree in nursing or a nursing (2) Major: Applicants must have had for appointment in the grade of major. specialty, and 2 years of the required 6 intensive postgraduate training in a (3) Lieutenant colonel: Applicants years professional experience spent in a dental specialty. Applicants for appoint­ must give evidence of having achieved teaching and/or appropriate administra­ ment in the grade of major or higher, tive position, or ordinarily must have been certified b y . such unequivocal prominence as to make them authority in their particular (i) Five years appropriate professional an American dental specialty board in experience plus a master’s degree in the specialty for which such a board is fields. Examples of such applicants are nursing, a nursing specialty, or a field constituted. Applicants possessing these those persons who are outstanding con­ allied to nursing, and 2.years of the re­ qualifications who have had 10 years of tributors to scientific research, admin­ quired 5 years professional experience actual experience are qualified for ap­ istrators, and contributors to the de­ spent in a teaching and/or appropriate pointment in the grade of major. velopment of the specialty under administrative position, or (3) Lieutenant colonel: Applicants consideration. Applicants possessing (ii) Six years appropriate professional must have achieved such unequivocal these qualifications who have had 18 experience, qualification by examination prominence as to make them authorities years of actual experience are qualified as a nurse anesthetist by the American in their particular fields. Examples of for appointment in the grade of lieu­ Association of Nurse Anesthetists. Ap­ such applicants are those persons who tenant colonel. plicant must have had at least 12 months are outstanding contributors to scientific (4) Colonel: Applicants who have experience in the administration of anes­ research and to development of the achieved the outstanding background thetics within the 2-year period immedi­ dental specialty under consideration. ately prior to appointment, or and ability in a specialty as indicated (iii) Five years appropriate profes­ Applicants possessing these qualifica­ in subparagraph (3) of this paragraph sional experience, a baccalaureate degree tions who have had 17 years of actual for lieutenant colonel and have had 25 in nursing or a nursing specialty, and experience are qualified for appointment years of actual experience are qualified qualification by examination as a nurse in the grade of lieutenant colonel. for appointment in the grade of colonel. anesthetist by the American Association 13881 Thursday, October 8, 1964 FEDERAL REGISTER been accepted for an approved dietetic of Nurse Anesthetists. Applicant must not meet the qualifications for appoint­ ment in the grade of Captain will be internship. have had at least 12 months experience (2) Occupational therapy training: in the administration of anesthetics given constructive service credit to which entitled under this part, except Applicant must be enrolled in the final within the 2-year period immediately year of an approved course leading to a prior to appointment. Applicants with that in no case will the applicant be credited with more than 6 years of serv­ bachelor’s degree in occupational ther­ more than 6 years of applicable experi­ apy; or possess a bachelor’s degree and ence will be given constructive service ice unless so authorized by the Surgeon General, USAF. have completed all but the final year of credit to which entitled under this part, an approved certificate course in occu­ except that in no case will the applicant (ii) Captain: A minimum of 6 years be credited with more than 13 years of professional experience in medical in­ pational therapy. >> stitutions, 3 of which must have been in (3) Physical therapy training: Appli­ service. cant must possess a bachelor’s degree (3) Major and lieutenant colonel: Ap­a supervisory or administrative capacity. Applicants with more than 7 years of and have been accepted for an approved pointees will possess outstanding quali­ certificate course in physical therapy; or fications for special positions determined applicable experience will be given con­ structive service credit to which entitled be enrolled in the final year of an ap­ by the Surgeon General, USAF, as re­ proved course leading to a bachelor’s quirements necessitate. under this part, except that in no case will the applicant be credited with more degree in physical therapy. § 881.30 Medical specialists. than 13 years of service unless so au­ Subpart G— Appointment of Officers (a) Dietitians. (1) For appointmentthorized by the Surgeon General, USAF. in Medical Service, USAF as second lieutenant, applicant must: (iii) Major: Appointees will possess (1) Possess a bachelor’s degree from outstanding qualifications for special po­ § 881.31 Application, processing, and an approved college or university. sitions determined by the Surgeon Gen­ selection. (ii) Have completed an internship ac­ eral, USAF, as requirements necessitate. (a) Persons applying for appointment ceptable to the Surgeon General, USAF. (iv) Lieutenant colonel: Appointees • as a Reserve officer of the Air Force Med­ (2) Appointment in higher grades : For will possess outstanding qualifications for ical Service Corps may submit applica­ appointment in other grades, applicant special positions determined by the tion in accordance with § 881.13(b) (3). must, in addition to subparagraph (1) of Surgeon General, USAF, as requirements In addition to the documents required by this paragraph, be further qualified by necessitate. § 881.13(a), each applicant must submit: acceptable professional experience and (c) Physical therapists. (1) For ap­ ( D A recent 3 x 5 inch photograph. training as follows: pointment as second lieutenant, appli­ (2) Results of the Air Force Officer (i) First lieutenant: A minimum of 2 cant must: Qualifying Test in accordance with years experience, one of which has been (1) Possess a bachelor’s degree from § 881.15. as dietitian in a hospital of 100 or more an approved college, university, or school. (b) Grades in which selected appli­ beds. Applicants with more than 3 years (ii) Have completed a physical therapy cants are to be appointed will be deter­ of applicable experience who do not meet training course acceptable to the Surgeon mined in accordance with § 881.12. the qualifications for appointment in the General, USAF. (c) Qualifying experience may include grade of captain will be given construc­ (2) Appointment in higher grades: both military and civilian experience, tive service credit to which entitled under For appointment in other grades, appli­ provided the experience is directly re­ this part, except that in no case will the cant must, in addition to subparagraph lated to the specialty for which applica­ applicant be credited with more than 6 (1) of this paragraph, be further quali­ tion is made. For appointment in years of service unless so authorized by fied by acceptable professional experience grades higher than second lieutenant, the Surgeon General, USAF. and training as follows: the experience must have been gained (ii) Captain: A minimum of 6 years (i) First lieutenant: A minimum of 2 subsequent to attainment of the qualify­ experience including 3 years in adminis­ years professional experience in medical ing degree. tration of a dietetic department of a institutions. Applicants with more than hospital of 100 or more beds. Applicants 3 years of applicable experience who do § 881.32 Medical Administrative Offi­ with more thar> 7 years of applicable ex­ not meet the qualifications for appoint­ cers (AFSC9021). perience will be given constructive serv­ ment in the grade of captain will be given (a) Grade. Appointments in this spe­ ice credit to which entitled under this constructive service credit to which en­ cialty may be made in grades of second part, except that in no case will the ap­ titled under this part, except that in no lieutenant through lieutenant colonel as plicant be credited with more than 13 case will the applicant be credited with determined under § 881.12. years of service unless so authorized by more than 6 years of service unless so au- (b) Education. The minimum edu­ the Surgeon General, USAF. thqrized by the Surgeon General, USAF. cational requirement for qualification in (iii) Major: Appointees will possess ’Xii) Captain: Minimum of 6 years this specialty is a baccalaureate degree outstanding qualifications for special professional experience in medical insti­ in business administration, management, positions determined by the Surgeon tutions, 3 of which must have been in a or in a related or included field of ad­ General, USAF, as requirements neces­ supervisory or administrative capacity. ministration, management or a science. sitate. Applicants with more than 7 years of A master’s degree in hospital adminis­ (iv) Lieutenant colonel: Appointees applicable experience will be given con­ tration or a related field is desirable. will possess outstanding qualifications structive service credit to which entitled (c) Area of experience. Qualifying for special positions determined by the under this part, except that in no case experience must be that gained in ad­ Surgeon General, USAF, as requirements will the applicant be credited with more ministrative or management positions, necessitate. than 13 years of service unless so author­ including planning, organizing and di­ (b) Occupational therapists. (1) Forized by the Surgeon General, USAF. recting such activities as hospital admin­ appointment as second lieutenant, appli­ (iii) Major: Appointees will possess istration, medical registration, personnel, cant must: outstanding qualifications for special po­ finance, evacuation and debarkation of (1) Possess a bachelor’s degree from sitions determined by the Surgeon Gen­ patients, recreation, welfare, and in­ an approved college, university, or school. eral, USAF, as requirements necessitate. stallation maintenance. (ii) Have completed an occupational (iv) Lieutenant colonel: Appointees therapy course acceptable to the Surgeon will possess outstanding qualifications § 881.33 Medical Supply Officer (AFSC General, USAF. for special positions determined by the 9 0 3 1 ). (2) Appointment in higher grades: Surgeon General, USAF, as requirements (a) Grade. Appointments in this spe­ Applicant must possess all the qualifica­ necessitate. cialty may be made in grades of second tions in subparagraph (1) of this para­ (d) Appointment for training. Un­ lieutenant through lieutenant colonel as graph and be further qualified by accept­ married female applicants between 21 determined under § 881.12. able professional experience and train­ and 26 years may be appointed as second (b) Education. The minimum educa­ ing as follows: lieutenants and ordered to active duty to complete training in one of the follow­ tional requirement for qualification in (i) First lieutenant: A minimum of this specialty is a baccalaureate degree 2 years professional experience in medical ing courses: (1) Dietetic training: Applicant must in business administration, manage­ institutions. Applicants with more than ment, or a related or included field of 3 years of applicable experience who do possess a bachelor’s degree and have 13882 RULES AND REGULATIONS

administration, management, or a sci­ tion of works or program for water sup­ this specialty is a baccalaureate degree ence. A master’s degree in hospital ply, treatment, and distribution; the col­ in physiology, biophysics, biochemistry, administration or a related field is de­ lection, treatment* and disposal of com­ sirable. or zoology. A master’s degree or Ph. D. munity wastes, namely, sanitary sewage, with a major study in one of the refer­ (c) Area of experience. Qualifyingindustrial wastes, and refuse, including enced fields is desirable. experience must be that gained in salvage and reclamation of useful com­ (c) Area of experience. Qualifying administrative or management positions, ponents of such wastes; the control of including planning, organizing, and di­ experience must be that gained in avia­ pollution of surface waterways and tion physiological or related positions. recting activities which encompass ground waters, and of surface and sub­ ordering, receiving, storing, issuing, Experience in physiological research and surface soils; milk and food facilities; the development of physiological aids for monitoring, designing, marketing, or housing, hospital, and institutional-fa­ aircrew personnel is desirable. budgeting and accounting for material. cilities; insect and vermin control or § 881.34 Pharmacy Officer (AFSC eradication; rural, camp, and recreation § 881.40 Health Physicist (AFSC 9171). 9 0 5 1 ). place facilities; the control of atmos­ (a> Grade. Appointments in this spe­ pheric pollution and air quality, and of (a) Grade: Appointments in this spe­ cialty may be made in grades of second light, noise, vibration, and toxic ma­ lieutenant through colonel as deter­ cialty may be made in grades of second terials, including application to work lieutenant through colonel as deter­ mined under § 881.12. spaces in industrial establishments; the (b) Education. The minimum educa­ mined under § 881.12. prevention of radiation exposure; pro­ (b) Education. The minimum educa­ tional requirement for qualification in fessional research a n d development this specialty is a master’s degree in tional requirement for qualification in work; and responsible teaching positions this specialty is a baccalaureate degree health physics, nuclear physics, radio- in engineering subjects in educational biology, radiological physics, or bio­ in pharmacy. institutions of recognized standing. physics. (c) Area of experience. Qualifying experience must be that gained in phar­ § 881.37 Medical Entomologist (AFSC (c) Area of experience. Qualifying macy positions, including conducting 9 1 3 1 ). experience must be that gained in the laboratory tests, manufacturing medica­ (a) Grade. Appointment in this spe­ control, shipping, and disposal of radio­ tions, and directing pharmacy personnel. cialty may be made in grades of second logical materials; conducting radiologi­ A current license to practice pharmacy lieutenant through colonel as deter­ cal protection surveys; monitoring the is mandatory. Waiver of licensure re­ mined undey § 881.12. treatment and disposal of radioactive quirement may be made for individuals (b) Education. The minimum educa­ wastes; calibration of instruments; in­ appointed within one year after date of struction in health physics and super­ tional requirement for qualification in vision and direction of health physics graduation. this specialty is a baccalaureate degree program. § 881.35 Optometry Officer (AFSC in entomology. A master’s degree is 9061) , desirable. § 88 9i8| )ClinicaI Psychologist (AFSC (c) Area of experience. Qualifying (a) Grade. Appointments in this spe­ experience must be that gained in medi­ (a) Grade. Appointments in this spe­ cialty may be made in grades of second cal entomology positions, including for­ lieutenant through colonel as deter­ cialty may be made in grades of second mulating policies and procedures, di­ lieutenant through colonel as determined mined under § 881.12. recting personnel engaged in medical (b) Education. The minimum educa­ under § 881.12. entomological activities, and Conducting (b) Education. The minimum educa­ tional requirement for qualification in field and laboratory studies regarding this specialty is a degree in optometry tional requirement for qualification in development, testing, and application of this specialty is a master’s degree in from an accredited school of optometry. insect control measures. (c) Area of experience. Qualifying psychology. Evidence of training in ad­ experience must be that gained in optom­ § 881.38 Clinical Laboratory Officer vanced clinical psychology is mandatory. etry positions, including conducting (AFSC 9151). A doctoral degree with a major and dis­ examinations of the eye to determine Ca) Grade. Appointment in this spe­ sertation in clinical psychology from an presence of visual defects; prescribing cialty may be made in grades of second approved university, including comple­ lenses and orthoptic therapy to correct, lieutenant through colonel as determined tion of internship in a medical setting conserve, or improve vision; and ex­ under § 881.12. is desirable. amining and testing lenses for workman­ (b) Education. The minimum edu­ (c) Area of experience. Qualifying ship and conformanee to prescriptions. cational requirement for qualification in experience must be that gained, in clini­ Must possess a current license to prac­ this specialty is a baccalaureate degree cal psychological positions, including tice optometry in one of the States or in medical technology. Other allied sci­ formulating plans and policies for and the District of Columbia or certification ences such as bacteriology, parasitology, directing personnel engaged in clinical of the successful passing of all parts of chemistry, biochemistry, and pharma­ psychology activities; administering psy­ the examination of the National Board ceutical chemistry, may be considered chotherapy in typical cases; selecting of Examiners in optometry. Waiver of qualifying for appointment in this spe­ and interpreting results of psychological licensure requirement may be made for cialty provided the applicant has suf­ tests; and counseling maladjusted per­ individuals appointed within one year ficient qualifying experience. A master’s sonnel on education and vocational after date of graduation. degree or Ph. D. with a major study in problems. § 881.36 Sanitary and Industrial Hy­ one of the referenced fields is desirable. § 881.42 Psychiatric Social Worker giene Engineer (AFSC 9121). (c) Area of experience. Experience (AFSC 9191). must be that gained in clinical labora­ (a> Grade. Appointments in this spe­ (a) Grade. Appointments in this spe­ tory positions, including conducting clin­ cialty may be made in grades of second cialty may be made in grades of second ical laboratory tests and developing and lieutenant through colonel as determined lieutenant through major as determined applying procedures in serology, bac­ under § 881.12. under § 881.12. teriology, parasitology, hematology, bio­ (b) Education. The minimum educa­ (b) Education. The minimum educa­ chemistry, and tissue pathology. tional requirement for qualifications in tional requirement for qualification in § 881.39 Aviation Physiologist (AFSC this specialty is a master’s degree in this specialty is a baccalaureate degree 9 1 6 1 ). in sanitary, civil, chemical, or industrial social work. hygiene engineering. (a) Grade. Appointments in this (c) Area of experience. Qualifying specialty may be made in grades of sec­ experience must be that gained in psy­ (c) Area of experience. Qualifying ond lieutenant through colonel as de­ chiatric case work positions, including experience must have been gained in a termined under § 881.12. administration of psychiatric social work professional capacity, including design, (b) Education. The minimum edu­ programs as a member of the psychiatric management, investigation, or construe - cational requirement for qualification in team. Thursday, October 8, 1964 FEDERAL REGISTER 13883 By order of the Secretary erf the Air of colleges and universities throughout selected for a civilian internship, the Force. the Nation. Air Force will release him from active F rederick A. R yker, duty for 12 months to pursue a civilian Lt. Colonel, UJS. Air Force, § 905.4 Submitting program applica­ internship at his own expense. Upon Chief, Special Activities tions. completing that internship, however, he Grottp, Office of The Judge Applications are sent to the Surgeon will be recalled to active duty to fulfill Advocate General. General In accordance with the schedule the service obligation incurred as a result announced annually. Each application of the training received in the student [F.R. Doc. 64-10229; Filed, Oct. 7, 1964; consists of the following: program.) 8:47 a.m.] (a) All of the forms required by Part § 905.9 Participation in the medical «pe- 881, Subchapter I of this chapter, to cialist training program. apply for a Reserve appointment. SUBCHAPTER K— MILITARY TRAINING AND (b) All of the forms required for each The applicant must: SCHOOLS specific training program (for example, (a) Be a female, in an unmarried PART 905— MEDICAL SERVICE OFFI­ the civilian medical intern program re­ status, with no dependents under 18 years of age. CER PROCUREMENT PROGRAMS quires AF Form 266, “Application for As­ signment to Intern Training In a Civilian (b) Be 21 years of age, but not have FOR IN-SERVICE TRAINING Hospital,” AF Form 281, “Intern Train­ passed her 26th birthday on the date of PART 906— MEDICAL SERVICE EARLY ing Agreement,” and AF Form 281a, her appointment in the Reserve Air Force (Medical Specialist Corps). COMMISSIONING PROGRAM “Intern Training Agreement Supple­ ment”) . (c) Meet the physical requirements New Parts 905 and 906 are added as (c) A written agreement to serve on for appointment in the Regular Air follows: a specified time contract. The appli­ Force. Sec. cant must further agree to serve the (d) Express in writing a positive inter­ 905.1 Purpose. minimum period of active duty after est in an Air Force career. 905.2 General requirements for program completion of his training as specified in (e) Meet the following education re­ participation. AFR 36-51 (Career Reserve Status for quirements if she is applying for: 905.3 Determining the number of partici­ Reserve Officers and Active Duty Service (1) Dietetic training. Have a bachelor pants. Commitments for Officers and Warrant degree from an approved college or uni­ 905.4 Submitting program applications. versity and have been accepted for train­ 905.5 Obtaining application forms and de­ Officers) for the appropriate program. tailed information. ing in an American Dietetic Association § 905.5 Obtaining application form* approved internship. 905.6 Participation in the civilian medical and detailed information. intern program. (2) Occupational therapy training. 905.7 Participation in the military medical Applicants may obtain application Be enrolled in the final year of an ap­ and dental Intern program. forms and additional information about proved bachelor degree course in occu­ 905.8 Participation in the senior medical these training programs from Hq USAF pational therapy; or have a bachelor student program. (AFMSMBA), Washington, D.C., 20333. degree and be enrolled in the final year 905.9 Participation In the medical special­ of an approved occupational therapy ist training program. § 905.6 Participation in the civilian 905.10 Participation in the medical allied medical intern program. certificate course. science training program. (3) Physical therapy training. Be en­ 905.11 Authorized compensation. Each applicant must: rolled in the final year of an approved 905.12 Assignment and reappointment pol­ (a) Be a male graduate or prospective bachelor degree course in physical icy. graduate of a medical school acceptable therapy; or have a bachelor degree and Authoritt: This Part 905 issued under to the Surgeon General, USAF. have been accepted for a physical therapy sec. 8012, 70A Stat. 488; sec. 593, 70A Stat. 25, (b) Have been accepted for a one- certificate course in an approved school. sec. 3357, 70A Stat. 194; 10 ÜAC. 8012, 593, year internship (rotating, mixed, or straight) in an approved civilian hospital. § 905.10 Participation in the medieal 3357. allied science training program. Source: AFR 36-46, October 8, 1962; APR (c) Express in writing a positive in­ 36-46A, June 23, 1964. terest in an Air Force career. This program is designed to help § 905.1 Purpose. § 905.7 Participation in the military students who are interested in an Air medical and dental intern program. Force career gain an advanced degree in This part outlines the requirements a medical allied science. The applicant each applicant must meet, to participate The applicant must: must: in one of the following Air Force medical (a) Be a male graduate or prospective (a) Be a prospective male graduate of officer training programs: The civilian graduate of a medical or dental school a college or university acceptable to the medical intern program; the military acceptable to the Surgeon General, Surgeon General, USAF. medical and dental intern program; the USAF. (b) Express in writing a positive inter­ senior medical student program; the (b) Participate in the National Intern est in an Air Force career. medical specialist training program; and Matching Program, and express in writ­ (c) Meet the following requirements the medical allied science training pro­ ing a positive interest in an Air Force if he is applying for: gram. career—if he is applying for a medical (1) Sanitary and industrial hygiene § 905.2 General requirements for pro­ internship, engineer. Must have completed success­ gram participation. fully the first semester of his senior year § 905.8 Participation in the senior medi­ at a college or university with an under­ Each applicant for one of the training cal student program. graduate engineering curricula which programs described in this part must Each applicant must: meet the general requirements for Re­ includes Humanistics and Social Studies, serve appointment, as outlined in Part (a) Have completed successfully the Mathematics and Basic Science, Se­ 881, Subchapter I of this chapter, and the first semester of his junior year at a quence of Engineering Analysis, Design specific requirements for the particular medical school acceptable to the Sur­ and Engineering Systems, and electives. program for which he applies (see geon General, USAF, at the time he ap­ The master’s degree curricula must in­ §§ 905.6 through 905.10). He must also plies; by the time he actually enters the clude General Environmental Hygiene, undergo a National Agency Check before program (effective date of duty) each Engineering Statistics, and Epidemiol­ he may be appointed to any of them. selected applicant must be officially en­ ogy—at least 25 percent of his study must rolled in his senior year. be in these subjects; other subjects may § 905.3 Determining the number of par­ (b) Express in writing a positive inter­ consist of available electives at the ticipants. est in an Air Force career. school. Headquarters USAF determines annu­ (c) Agree in writing to participate in (2) Nuclear health physicist. Must ally the number of authorized partici­ the Air Force Sponsored Intern Train­ have completed successfully the first pants in this training, and announces ing Program. (If he participates, and is semester of Ms senior year at a college or that number in yearly schedules, to deans not matched for military internship or university with an undergraduate cur- No. 197----- 3 13884 RULES AND REGULATIONS

ricula that includes physics, chemistry § 906.2 Program objectives. not have commenced the final school (or engineering), mathematics (through The objectives of the early commis­ year. Only those schools located in the calculus), and preparation in related sioning program are : United States, Puerto Rico, or Canada fields. The master’s degree study must are acceptable for student participation lead to a Master of Science and must in­ (a) To insure the deferment from ac­ tive duty of persons training in the in this program. clude the Elements of Atomic Physics, (b) Applicants must meet the eligibil­ Health Physics and Radiobiology, Radio critical specialties of medicine, dentistry, and veterinary medicine until completion ity criteria for appointment as prescribed Physics, Nuclear Physics, and Elec­ of professional qualification. in Subpart B, Part 881, Subchapter I of tronics. this chapter. (d) By the time he actually enters the (b) To provide an early association of future physicians, dentists, and vet­ § 906.6 How student applies. training program (effective date of ac­ erinarians with the Air Force, as à tive duty) each selected applicant must means of interesting them in career The student: have received his bachelor’s degree and programs. (a) Submits AF Form 433, “Applica­ be officially enrolled in an acceptable tion for Air Force Medical Service Early university for the graduate degree train­ § 906.3 Scope of program. Commissioning Program,” in duplicate, ing. (a) Students enrolled in schools of direct to Hq USAF (AFMSMBA), Wash­ ington, D.C., 20333, after enrollment or § 905.11 Authorized compensation. medicine, dentistry, or veterinary medi­ cine may be appointed second lieuten­ acceptance for enrollment in a school of (a) Each applicant who is selected ants, Reserve of the Air Force, Medical medicine, dentistry, or veterinary medi­ for any medical training program de­ Service Corps. When qualified in their cine. scribed in this part will: specialty in accordance with Part 881, (b) Includes with application the (1) Be appointed in the Reserve of the Subchapter I of this chapter, they will following: Air Force and receive the full pay and be transferred (reappointed) to the (1) Transcript of applicant’s grades allowances normally authorized, except Medical Corps, Dental Corps, or Veter­ from the beginning of college through that medical and dental interns do not inary Corps, as appropriate. the last completed school year. (2 receive the special pay of $100 a month (b) When offered by the Air Force, copies) currently authorized for military phy­ participants may volunteer for training (2) AF Form 24, “Application for Ap­ sicians and dentists. programs of up to 90 days’ duration and pointment in the Air Force Reserve.” (2) Be subject to the restrictions im­ receive full pay and allowances during (2 copies) posed by AFM 177-105 (Military Pay— such periods of training. (3) DD Form 98, “Armed Forces Se­ Volume 1 Policies and Personnel Pro­ curity Questionnaire.” (2 copies) cedures) (paragraphs 10321, 10411, § 906.4 Status of participants. (4) DD Form 398, “Statement of Per­ 30841-30843) on compensation, quarters, (a) Appointments under this program sonal History.” (5 copies) or subsistence furnished by civilian med­ are probationary and contingent upon (5) FD Form 258, “FBI Fingerprint ical facilities or institutions. subsequent qualification as a physician, Card.” (2 copies) (b) Each applicant who is selected for dentist, or veterinarian. If participants (6) SF Form 88, “Report of Medical the Senior Student Program, Medical in this program fail to achieve qualifica­ Examination.” (2 copies) Specialists Training Program, and the tion for reappointment to the Medical, (7) SF Form 89, “Report of Medical Medical Allied Science Training Pro­ Dental, or Veterinary Corps (as appro­ History.” (1 copy) gram is personally responsible for the priate), or, having qualified, decline to (8) Photograph, head and shoulders following, without reimbursement from accept reappointment, they will be con­ type, not less than 3” x 5". (1 copy) the Air Force: sidered for discharge in accordance with (9) Conditional Release from other (1) Payment of all school tuition, re­ AFR 45-40 (Discharge of Officers of the Armed Force or component in which ap­ lated fees, and textbook purchases. AF Reserve by Reason of Misconduct or pointment or enlistment is currently (2) Travel expenses incident to the Inefficiency), AFR 45-41 (Administra­ held, where applicable. program. tive Separation of Officer Members of (10) Submits the following statement the AF Reserve), or other related if he has not completed his military serv­ § 905.12 Assignment and reappointment ice obligation under the Universal Mili­ policy. regulations. (b) Appointments under this program tary Training and Service Act or as oth­ (a) Each medical training program are made only in the grade of second erwise required by law will: participant who is training in a civilian lieutenant, Reserve of the Air Force, In the event I am tendered an appoint­ facility /institution is assigned to the Air Medical Service Corps. Upon appoint­ ment as a Reserve officer of the Air Force, I Force Institute of Technology, with duty ment, participants are designated Ready understand that upon acceptance of appoint­ station at the civilian facility/institu­ Reservists and assigned to the Ineligible ment I am required to serve on active duty tion where the training is being held. and in a Reserve component for the mini­ Reserve Section (1RS). However, par­ mum period established by law, unless sooner When he completes this first phase, he is ticipants will not be assigned for train­ discharged in accordance with regulations then reassigned to an Air Force Medical ing to units of the Air Force Reserve or and standards prescribed by the Secretary Service facility. to the Air National Guard. of the Air Force and the Secretary of Defense. (b) Each participant in the Senior (c) Participants may volunteer for I further understand that, although the ap­ Medical Student Program is reappointed sponsorship training programs offered pointment is tendered as a conditional ap­ in the Reserve of the Air Force (Medi­ by the Air Force under Part 905. pointment contingent upon my subsequent qualification as a physician, dentist, or veter­ cal Corps) on the date of his graduation (d) Upon completion of requisite pro­ inarian and my acceptance of an appoint­ from medical school. fessional education and/or training, par­ ment in the Medical, Dental, or Veterinary Sec. ticipants are transferred (reappointed) Corps when and if tendered, my appoint­ 906.1 Purpose. to the appropriate Corps of the Medical ment in the Reserve of the Air Force will 906.2 Program objectives. Service and, consistent with active duty be for an indefinite period and my total ob­ 906.3 Scope of program. requirements, ordered to active duty for ligated service will be not less than six 906.4 Status of participants. not less than two years. Physicians may years. Of the time required to be served 906.5 Eligibility. be granted additional deferment beyond in the Air Force Reserve, not less than five 906.6 How student applies. internship if selected for residency de­ years must be served as a combination of 906.7 Selecting students. active duty and Ready Reserve service. The 906.8 Training programs. ferment through participation in the remaining time required to complete my Armed Forces Physicians’ Appointment obligated service may be as a Standby Re­ Authority: This Part 906 issued under sec. and Residency Consideration Program servist. I understand that my obligated 8012, 70A Stat. 488; 10 T7.S.C. 8012. (Berry Plan). tour of active duty will be not less than S ource: APB 36-6, November 21, 1962. two years and that I hereby voluntarily § 906.5 Eligibility. agree to serve my active duty tour when so § 906.1 Purpose. ordered by the Secretary of the Air Force (a) The early commissioning program unless sooner discharged or otherwise re­ This part establishes an early com­ is limited to male students enrolled in an lieved of my active duty obligation in ac­ missioning program for students enrolled approved school of medicine, dentistry, cordance with existing law or regulations in medical, dental, or veterinary school. or veterinary medicine. Students must and standards prescribed by the Secretary Thursday, October 8, 1964 FEDERAL REGISTER 13885 of Defense or the Secretary of the Air Force. the Air National Guard of the United By order of the Secretary of the Air I further agree and understand that if I am Force. not reappointed to the Medical, Dental, or (b) All A£r Force personnel will be F rederick A. R yker, Veterinary Corps for any reason, I may he advised that they may obtain additional Lt. Colonel, U.S. Air Force, discharged from my appointment in the Air clarification of the provisions of this part Chief, Special Activities Force Reserve. and related laws, rules, and regulations Group, Office of The Judge (11) Includes a certificate that he has from the local legal office providing legal Advocate General. not been ordered to report for pre­ service to their organization or activity. [FJR. Doc. 64-10231; Filed, Oct. 7, 1964; induction processing. See § 881.13(a) Military personnel may request advice 8:48 aju.l (10), Subchapter I of this chapter. concerning entitlement to retired pay (12) If he is a member of the Reserve from the Air Force Accounting and Fi­ forces of one of the military services, nance Center (AR), 3800 York Street, submits a certificate to the effect that Denver, Colorado, 80205. Title 7— AGRICULTURE (c) Questions which cannot be re­ he has not been ordered to report for Chapter VII— Agricultural Stabiliza­ extended active duty. solved by a legal officer will be referred, with recommendations, through chan­ tion and Conservation Service § 906.7 Selecting students. nels to higher authority. The General (Agricultural Adjustment), Depart­ Counsel of the Department of the Air ment of Agriculture Selection of participants is made by Force, Office of the Secretary of the Air the Office of the Surgeon General, Head­ Farce, is responsible for proper coordina­ SUBCHAPTER— AGRICULTURAL CONSERVATION quarters USAF. tion and final disposition of all problems PROGRAM § 906.8 Training programs. relating to conflict of interest. [Bulletin NSCF 2901] Off-term training programs appro­ § 920.10b Reporting suspected viola­ PART 706— NAVAL STORES priate to the professional specialties and/ tions. CONSERVATION or officer orientation may be established Air Force personnel who have informa­ by the Air Force and offered to partici­ tion which causes them to believe that Subpart G—-1965 pants. Programs will be announced to there has been a violation of a statute or The purpose of the Naval Stores Con­ participants during the year preceding policy set forth in this part will promptly servation Program (hereinafter referred their eligibility for such training. report such incidents to their immediate to as "this program”) is to restrict tur­ By order of the Secretary of the Air superiors. If the superior believes there pentining to the more productive tim­ Force. ^ . has been a violation, he will report the ber, to conserve the worked trees, to pro­ F rederick A. R yker, matter for further action in accordance tect and permit undisturbed growth of L t Colonel, U.S. Air Force, with AFR 124-8 (Violations of Public the uncupped trees and to conserve the Chief, Special Activities Trust in Contract, Procurement, and soil, water, and timber resources. Group, Office of The Judge Disposal Matters). Any question or Through the 1965 program the Fed­ Advocate General. doubt on the part of the immediate su­ eral Government will share with turpen­ [F.R. Doc. 64-10230; Filed, Oct. 7, 1964; perior will be resolved in favor of report­ tine f armers the cost of carrying out ap­ 8:47 a.m.] ing the matter. proved conservation practices in accord­ 2. In § 920.12(d) (2), subdivisions (ii) ance with the provisions of this bulletin and Ciii) are amended by the addition of and such modifications thereof as may SUBCHAPTER L— STANDARDS OF CONDUCT new material. These subdivisions now hereafter be made. Cost-shares are predicated upon the economic use and PART 920— STANDARDS OF read as follows: conservation of soil and timber resources CONDUCT § 920.12 Conflict of interest laws. on turpentine farms, and computed on Miscellaneous Amendments * * • * • the faces in the tract or drift where an approved conservation practice is carried 1. Add new 5§ 920.10a and 920.10b as (d) * * * ( 2) * * * out. follows: (ii) The Air Force Accounting and Fi­ This program provides cost-sharing § 920.10a Information to personnel. nance Center will review the “Statement for conservation practices only on tur­ of Employment” to assure compliance pentine farms having tracts or drifts of (a) Each commander will insure that faces which were installed during, or new Air Force personnel under his juris­ with applicable statutes and regulations. Where it appears that a possible viola­ after, the 1961 season, except as provided diction are informed of the standards of under § 706.318. conduct specified in this part upon em­ tion of a policy or statute, as set forth ployment, or entry on duty. Each com­ in this part may be involved, the Retired General P rovisions member may be requested to furnish Sec. mander will bring these standards of 706.301 General requirements. conduct to the attention of all Air Force clarifying information. In those in­ stances where the Commander, Air Force 706.302 Required performance. personnel under his jurisdiction by ap­ 706.303 Double-headed nails requirement. propriate means at least semi-annually. Accounting and Finance Center, is un­ 706.304 Fire protection. The Secretary of the Air Staff will insure able to resolve the issues, he will sub­ 706.305 Bark-bar requirement. that these requirements are met within mit the matter, with recommendations, 706.306 Inspection assistance. to Hq USAF (AFJAG), Washington, Hq USAF. This requirement may be ac­ CONSERVATION' PRACTICES AND RATES OF complished through various means, in­ D.C., 20330, for referral, if appropriate, F ederal Cost-S hares cluding, but not necessarily limited to with recommendations, to the General Counsel of the Department of the Air 706.309 Practice 1: Working only 9 inch personal consultation, requiring the in­ d.b.h. or larger trees. dividual to read this part, daily bulletins, Force, Office of the Secretary of the Air 706.310 Practice 2: Working only 10 inch bulletin board items, regularly published Force. d.b.h. or larger trees. media, and commanders calls. The (iii) H ie retired member will request 706.311 Practice 3: Working only II Inch Commander, Continental Air Command, additional copies of DD Form 1357 from d.b.h. or larger trees. AFAFC (AR), 3800 York Street, Denver, 706.312 Practice 4: Working only 12 inch is responsible for insuring that non- Colorado, 80205. DD Form 1357 is d.b.h. or larger trees. active duty Air Force Reserve personnel, 706.313 Practice 5: Restricting turpentin­ stocked and issued only by the Air Force ing to previously worked trees. other than Part I Reserves assigned to Accounting and Finance Center. The other major air commands, are appro­ 706.314 Practice 6 : Working only selectively Center is authorized to Jocally reproduce marked trees. priately informed. Major air com­ DD Form 1357 on 8 x 1 0 paper. 706.315 Practice 7: Initial use of spiral gut­ manders have this responsibility for Part ters or Varn aprons and double­ I Reserves within their respective com­ V * * • * headed nails. mands. The Chief of the National (Sec. 8012, 70 Stat. 488; 10 U.S.C. 8012) 706.316 Practice 8 : Removal of cups and Guard Bureau has this responsibility for [AFR 30-30, August 26,1963]! tins from faces on small trees. 13886 RULES AND REGULATIONS Sec. cost-sharing is offered to him therefor § 706.305 Bark-bar requirement. 706.317 Practice 9: Pilot plant tests of new under a subsequent program. Separate methods and equipment. No back face shall be worked on any 706.318 Practice 10: Hardware removal. rates of cost-sharing have been estab­ lished for each component part of each tree unless a live bark-bar on each side General Provisions R elating to Federal practice. of the back face is provided and main­ Cost-S haring (c) First year working. The cost- tained throughout the 1965 turpentine 706.319 Increase in small Federal cost- share for this component is applicable season, the total of the two bark-bars shares. to tracts or drifts having only eligible being not less than 7 inches in width, 706.320 Maintenance of practices. virgin working faces, i.e., faces installed measured horizontally along the bark 706.321 Practices defeating purposes of pro­ for the first working during the 1965 surface at the narrowest point : Provided, grams. however, That the restriction with re­ 706.322 Federal cost-shares not subject to season. If faces have been installed con­ claims. trary to the requirements for eligible spect to the width of the bark-bar shall 706.323 Assignments. v faces, the Cups and tins for such faces not apply to any tree which has on it 706.324 Death, incompetency, or disappear­ shall be removed within 60 days after two or more old faces, including any back ance of producer. the producer is notified by the Forest face installed prior to 1965. Faces hav­ 706.325 Maximum Federal cost-share limi­ Service, or the tract or drift will be con­ ing bark-bars totaling less than 7 inches tation. sidered only for qualification for cost- shall not be worked in a manner that 706.326 Evasion. shares under the next lower practice for will result in leaving bark-bars less than Application for Payment op F ederal Cost- which qualified. those of former workings measured at S hares (d) Second, third, fourth, or fifth the narrowest point. 706.327 Persons eligible to file application year working. The cost-shares for work­ § 706.306 Inspection assistance. for payment of Federal cost- ing of faces for second, third, fourth, shares. or fifth years are applicable under the Each producer shall assist representa­ 706.328 Time and manner of filing applica­ 1965 program to faces which were in­ tives of the Forest Service in the admin­ tions and required information. stalled and met the eligible face require­ istration of this program by: (a) Giving them free access to his Appeals ments during the 1961, 1962, 1963, or 706.329 Appeals. 1964 season. Such cost-shares may also turpentine farm or farms; be allowed to new participating pro­ (b) Counting all faces and reporting Definitions ducers working tracts or drifts which separately thereon by tracts and drifts 706.330 Definitions. had some undersized “trees from which to the local inspector (Area Forester) ; Authority, Availability of F unds, Applica­ cups have been removed by the time of (c) Furnishing information on burned bility, and Administration first elevation. New faces installed in areas, cutting operations, and interest in other turpentine farms as requested; 706.331 Authority. 1965 and those installed in 1965 or prior 706.332 Availability of funds. years contrary to the requirements for (d) Furnishing competent labor to 706.333 Applicability. eligible faces will disqualify the tracts assist the local inspector (Area Forester) 706.334 Administration. or drifts for cost-sharing, unless the cups in counting faces; and tins on such faces shall be removed (e) Submitting an application for Authority : The provisions of this Subpart G issued under sec. 4, 49 Stat. 164, secs. 7-17, within 60 days after the producer is no­ payment of Federal cost-shares (Form 49 Stat. 1148, as amended; 16 U.S.C. 590d, tified by the Forest Service. If such NSCP-3200-1) and other prescribed 590g-590q. faces are not removed within the period forms; approved by the Forest Service there (f) Notifying the Forest Service G eneral P rovisions may be withheld or required to be re­ promptly of any change in ownership, § 706.301 General requirements. funded the entire cost-shares for the control, or number of faces worked; and tract or drift previously paid to the pro­ (g) Otherwise facilitating the work of No tract or drift can qualify for cost­ ducer who installed the improper faces. the inspector (Area Forester) in check­ sharing under more than one conserva­ (e) Practices under §§ 706.309, 706.310, ing compliance with the terms and con­ tion practice other than as provided for ditions of this program. under practices specified in §§ 706.315, 706.311, 706.312, 706.313, 706.314, 706.- 706.316, and 706.318. In each of the 315, or 706.317 which require more than Conservation P ractices and R ates of one year for completion. Cost-shares F ederal Cost-S hares practices the faces are to be worked suf­ may be approved under this program for ficiently to obtain at least one dipping the completion of a component of a § 706.309 Practice 1: Working only 9 of gum from the current year’s working. practice only on the condition that the inch d.b.h. or larger trees. §706.302 Required performance. producer agrees in writing to complete (a) Description of practice. This (a) Approved conservation practices. the remaining components of the prac­ practice consists of installing and work­ Each participating producer shall carry tice according to program provisions and ing faces and raising the cups and tins out at least one of the approved conser­ within the time prescribed by the Forest on 9 inch d.b.h. or larger trees over a vation practices in every tract or drift Service, unless prevented from doing so period of two to five years. of faces operated by him during the by reasons beyond his control, or refund (b) Eligible faces. Trees on which 1965 turpentine season. This require­ the cost-shares paid to him. The ex­ faces are installed shall be selected in a ment will not apply if the Forest Service tension of the period for completion of manner that will result in having no determines that the condition of a par­ the components shall not constitute a faces (except back faces on trees having ticular tract or drift does not warrant commitment to approve cost-shares a worked-out face) on trees which are carrying out approved conservation therefor under a subsequent program. less than 9 inches d.b.h. and only one practices as a practical or economic mat­ Approval of cost-sharing for other prac­ face on trees less than 14 inches d.b.h. ter, in which case the Forest Service may tices under a subsequent program may (c) Components of practice and rates approve face installations made without also be denied until the remaining com­ of cost-sharing. (1) Initial installation \ carrying out a conservation practice. In ponents are completed. and first year working of 9 inch d.b.h. cases where such approval is given for § 706.303 Double-headed nails require­ or larger trees; 2 cents per face. specific tracts or drifts of the turpentine ment. (2) Working of faces for second, third, farm, no cost will be shared for any faces Use of double-headed nails is required fourth, or fifth year ; y2 cent per face. in such tracts or drifts. in the elevation of all cups and tins. (3) Initial use of double-headed nails (b) Practice components. Cost-shar­ in the initial installation or in the rais­ ing may be approved under the 1965 pro­ § 706.304 Fire protection. ing of cups and tins to conserve the gram for only the component parts of Each producer shall during the 1965 worked portion of the tree; V2 cent per the practices which are completed dur­ turpentine season cooperate with any face. This component is not applicable ing the program year. The producer existing cooperative fire control system where § 706.315 is used. must complete all the remaining com­ serving the general area where his tur­ § 706.310 Practice 2: Working only 10 ponents of the practice in accordance pentine farm is located, unless he is inch d.b.h. or larger trees. with good forestry practices and all ap­ otherwise following approved forest fire (a) Description of practice. This plicable requirements of this program if protection on his turpentine farm. practice consists of installing and work- 13887 Thursday, October 8, 1964 FEDERAL REGISTER headed nails when cups and tins are ing faces and raising the cups and tins § 706.313 Practice 5r Restricting tur­ pentining to previously worked trees. initially installed on the face or when on 10 inch d.b.h. or larger trees over a cups and tins are elevated for the first period of two to five years. (a) Description of practice. This time. (b) Eligible faces. Trees on whichpractice consists of installing and work­ (c) Eligible faces. Faces on trees in­ faces are installed shall be selected in ing faces and raising the cups and tins stalled to meet the requirements of a manner that will result in having no over a period of two to five years only §§ 706.309, 706.310, 706.311, 706.312, faces (except back faces on trees having on trees having a previously worked face. . 706.313, 706.314, and 706.317 may qualify a worked-out face) on trees which are Cb) Eligible faces. Trees on which for this practice, the cost-share for less than 10 inches d.b.h. and only one faces are installed shall be selected in a which is in addition to the aforesaid face on trees less than 14 inches cLb.h. manner that will result in having no sections. (c> Components of practice and rates faces on round trees. (d) Component of practice and rate of cost-sharing. (1) Initial installation (c) Components of practice and ratesof cost-sharing. (1) Initial use of spiral and first year working of 10 inch d.b.h. of cost-sharing. (1) Initial installation gutters or Varn aprons in the virgin in­ or larger trees; 4 cents per face. and first year working of faces jon pre­ stallation or in the first elevation of cups (2) Working of faces for second, third, viously worked trees; 7 cents per face. and tins; 2 cents per face. fourth, or fifth year; 3 cents per face. (2) Working of faces for second, third, (i) The cost-share rate established for (3) Initial use of double-headed nails fourth, or fifth year; 3 cents per face. initiating this practice is limited to in the initial installation or in the rais­ (3) Initial use of double-headed nails tracts or drifts having only virgin work­ ing of cups and tins to conserve the in the initial installation or in the rais­ ing faces, i.e., faces installed for the first worked portion of the tree; V2 cent per ing of cups and tins to conserve the working during the 1965 season or faces face. This component is not applicable worked portion of the tree; fa cent per upon which the cups and tins are ele­ where § 706.315 is used. face. This component is not applicable vated for the first time during the 1965 where § 706.315 is used. § 706311 Practice 3: Working only 11 season. On accepting cost-sharing for inch d.b.h. or larger trees» § 706.314 Practice 6: Working only se­ this practice the producer agrees to use lectively marked trees. the spiral gutter or Varn apron and (a) Description of practice. This (a) Description of practice. This double-headed nails to attach the tins practice consists of installing and work­ in all subsequent raisings and attach­ ing faces and raising the cups and tins practice consists of installing and work­ ing faces and raising the cups and tins ment of tins to the face. on II inch d.b.h. or larger trees over a (ii) Cups and tins shall be installed period of two to five years. on selectively marked trees over a period of two to five years. in a manner that will minimize the loss (b) Eligible faces. Trees ofi which of gum and restrict amount of damage faces are installed shall be selected in a (b) Eligible faces. Only trees 9 inches or more d.b.h. which should be removed to the tree. Spiral gutters or Varn manner that will result in having no aprons shall be used and thè tins shall faces (except back faces on trees having to improve the timber stand may be cupped and only one face on trees less be attached to the tree with double­ a worked-out face) on trees which are headed nails. In smoothing the tree and less than 11 inches d.b.h. and only one than 14 inches d.b.h. Cupping shall be limited to trees selectively marked in seating the cup for virgin installation, face on trees less than 14 inches d.b.h. exposure of wood shall be limited to (c) Components of practice and rates advance in accordance with good, ap­ proved timber management practices to areas on the tree having burls, ridges, or of cost-sharing. (1) Initial installation other deformities. and first year working of 11 inch d.b.h. insure production of larger diameter or larger trees; 6 cents per face. class timber or to provide other stand § 706.316 Practice 3: Removal of cups (2) Working of faces for second, third, improvement measures as approved by and tins from faces on small trees. fourth, or fifth year; 3 cents per face. the Forest Service: Provided, That the (3) Initial use of double-headed nails number of remaining uncupped trees per (a) Purpose. To encourage producers in the initial installation or in the rais­ acre shall average at least the minimum who have not participated in the 1963 or ing of cups and tins to conserve the number per acre specified by the Forest 1964 programs to discontinue working worked portion of the tree; Vz cent per Service in its Minimum Stocking Guide small unproductive trees, to promote im­ face. This component is not applicable issued June 4, 1956, as amended, and be proved naval stores and forestry prac­ where § 706.315 is used. well distributed over the area. tices, and to improve productivity of the (c) Components of practice and rates woodland. § 706.312 Practice 4: Working only 12 of cost-sharing. (1) Initial installation (b) Description of practice. This inch d.b.h. or larger trees. and first year working of selectively practice consists of removing the cups marked trees; 8 cents per face. If faces and tins and discontinuing the working (a) Description of practice. T his of small unproductive timber and meet­ practice consists of installing and work­ have been installed contrary to the re­ quirements for eligible faces, the area ing all other requirements for partici­ ing faces and raising the cups and tins pation in this program. on 12 inch d.b.h. or larger trees over a will be considered only for qualification for cost-shares under one of the diam­ Cc) Eligible faces. All faces installed period of two to five years. for the first working in 1965 on trees un­ (b) Eligible faces. Trees on which eter cupping practices specified in §§ 706.309, 706.310, 706.311, or 706.312. der 9 inches d.b.h. and all but one face on faces are installed shall be selected in a trees between 9 and 14 inches d.b.h. hav­ manner that will result in having no (2) Working of faces for second, third, fourth, or fifth year; 4 cents per face. ing two or more faces. Working of faces faces (except back faces on trees having (3) Initial use of double-headed nails shall be discontinued and cups and tins a worked-out face) on trees which are in the initial installation or in the raising removed by tracts or drifts within 60 less than 12 inches d.b.h. and only one of cups and tins to conserve the worked days after the producer is notified by the face on trees less than 14 inches d.b.h. portion of the tree; fa cent per face. Forest Service to meet the eligible face (c) Components of practice and rates This component is not applicable where requirements of § 706.309. Only pro­ of cost-sharing. (1) Initial installation § 706.315 is used. ducers who did not participate in the 1963 or 1964 programs are eligible for and first year working of 12 inch d.b.h. § 706.315 Practice 7: Initial use of or larger trees; 7 cents per face. spiral gutters or Varn aprons and cost-sharing under this practice. (2) Working of faces for second, third, double-headed nails. (d) Component of practice and rate of cost-sharing. (1) Removal of cups and fourth, or fifth year; 3 cents per face. (a) Purpose. To minimize damage to C3> Initial use of double-headed nails the tree in installing faces for the virgin tins on trees under 9 inches d.b.h. and in the initial installation or in the rais­ year or in the first elevation and to con­ on trees between 9 and 14 Inches d.b.h. ing of cups and tins to conserve the serve the worked portion of the tree. having more than one face; 8 cents per worked portion of the tree; fa cent per (b) Description of practice. This face. The cost-share for this compo­ face. This component is not applicable practice consists of using spiral gutters nent is applicable to faces discontinued where § 706.315 is used. or Varn aprons attached with double- by removal of cups and tins to permit 13888 RULES AND REGULATIONS

the tract or drift to meet the eligible face Amount of cost-shares Increase in which will be considered as failure to requirements of § 706.309. computed : cost-shares $1.00 to $1.99______------$0.40 maintain practices in accordance with § 706.317 Practice 9; Pilot plant tests of $2.00 to $2.99______------0.80 good forestry practices shall include, but new methods and equipment. $3.00 to $3.99____ _ ------1.20 are not restricted to, the following: (a) Purpose. To conduct controlled $4.00 to $4.99______------1.60 (a) The cutting contrary to good for­ demonstrations or experiments to test $5.00 to $5.99______------2.00 estry practices of turpentine trees in $6.00 to $6.99______2.40 tracts or drifts (including current non­ values of management practices, new $7.00 to $7.99______------2.80 methods and equipment for gum produc­ working areas) on which costs have been $8.00 to $8.99______------3.20 or would be shared under this or the 1961, tion. $9.00 to $9.99______------3.60 (b) Description of practice. This $10.00 to $10.99____ ------4.00 1962, 1963, or 1964 program. There practice consists of carrying out prac­ $11.00 to $11.99______4.40 may be withheld or required to be re­ tical demonstrations or tests of man­ $12.00 to $12.99____ ------4.80 funded the amount previously paid for $13.00 to $13.99____ ------5.20 each face for which costs were shared in agement practices, new methods or $14.00 to $14.99_____ ------5.60 1961,1962,1963,1964, or 1965 in the tracts equipment according to requirements of $15.00 to $15.99____ the Forest Service. ----- 6.00 or drifts in which such cutting occurs. $16.00 to $16.99_;______6.40 Conformity to the following rules shall (c) Eligible faces. Only faces or $17.00 to $17.99___ _ ------6.80 be considered good cutting practice: check trees in selected tracts used in $18.00 to $18.99____ — 7. 20 controlled demonstrations or tests car­ $19.00 to $19.99_____ ------7.60 (1) When turpentine trees are cut for ried out in accordance with provisions $20.00 to $20.99_ — 8.00 thinnings at least the minimum number prescribed by the Forest Service are eli­ $21.00 to $21.99_____ ------8.20 of trees per acre specified in the Mini­ $22.00 to $22.99_____ ------8.40 mum Stocking Guide issued by the Forest gible for cost-sharing. $23.00 to $23.99.____ ------8.60 Service June 4, 1956, as amended, shall (d) Components of practice and rates $24.00 to $24.99_____ ------8.80 be left uncut and undamaged and well of cost-sharing. (1) Eight cents per face $25.00 to $25.99—___ ---- ;« 9.00 distributed over the cutting area. for faces meeting the requirements of $26.00 to $26.99___ _ ------9.20 $27.00 to $27.99_____ (2) When turpentine trees are cut in § 706.309. ------9.40 a harvest cutting, at least 400 turpentine (2) Eleven cents per face for faces $28.00 to $28.99_____ ------9.60 $29.00 to $29.99—___ ------9.80 trees per acre shall be left uncut and un­ meeting the requirements of §§ 706.310, $30.00 to $30.99_____ damaged and well distributed over the 706.311, 706.312, 706.313, and 706.314. .—— 10.00 $31.00 to $31.99_____ ------10.20 cutting area, or a minimum of the follow­ § 706.318 Practice 10: Hardware re­ $32.00 to $32.99_____ ------10.40 ing number or combination of numbers moval. $33.00 to $33.99— . ----- 10.60 of thrifty turpentine seed trees per acre: $34.00 to $34.99_____ ----- 10.80 (a) Purpose. To encourage producers $35.00 to $35.99_____ 9 inches or over d.b.h.—6 trees, 8 inches -----11.00 d.b.h.—9 trees, or 7 inches d.b.h.—12 to remove all hardware to conserve the $36.00 to $37.99—___ ------11.20 worked section of the tree for use in other $37.00 to $37.99_____ ----- 11.40 trees, shall be left uncut and undamaged, $38.00 to $38.99___ _ — - 11.60 or if clearcut, artificial planting of at products. $39.00 to $39.99_____ (b) Description of practice. This ----- 11.80 least 500 trees per acre will be accom­ $40.00 to $40.99_____ — 12.00 plished prior to April 1,1968. practice consists of removing all cups, $41.00 to $41.99_____ ----- 12.10 (b) Raising cups and tins without nails, and tins by the producer who last $42.00 to $42.99— __ — 12.20 double-headed nails. There may be worked the face. $43.00 to $43.99__ ----- 12.30 $44.00 to $44.99_____ withheld or required to be refunded all (c) Eligible faces. All faces last ----- 12.40 of the cost-shares earned under this or worked in 1964 or 1965 on which no $45.00 to $45.99____ _ ----- 12.50 $46.00 to $46.99___ _ —— 12.60 previous programs on the tracts or drifts subsequent work will be done and from $47.00 to $47.99_____ in which such improper raising occurs. which all hardware is removed by De­ ----- 12.70 $48.00 to $48.99_____ ----- 12.80 (c) Picking up additional faces after cember 31, 1965. $49.00 to $49.99___ __ — 12.90 the first year’s working will disqualify (d) Component of practice and rate $50.00 to $50.99_____ ----- 13.00 the tract or drift for any further cost­ of cost-sharing; 2 cents per eligible face. $51.00 to $51.99_____ ----- 13.10 $52.00 to $52.99— . sharing, unless the hardware is removed Use of this practice is optional. To ----- 13.20 to limit the working to one age class of qualify for cost-shares under this com­ $53.00 to $53.99_____ —— 13.30 $54.00 to $54.99_____ —— 13.40 faces. Such removal must be accom­ ponent in tracts or drifts having in ex­ plished within 60 days of notification by cess of 5 percent of back-faced timber, $55.00 to $55.99—___ ----- 13.50 $56.00 to $56.99_____ ----- 13.60 the Forest Service. all hardware must also be removed from $57.00 to $57.99_____ ----- 13.70 (d) Failure to meet bark-bar require­ the old faces or all trees with such old $58.00 to $58.99_____ -----13.80 ment. There may be withheld or re­ faces must be cut out of the tracts or $59.00 to $59.99_____ ----- 13.90 quired to be refunded all or any part of drifts. No cost-share will be approved $60.00 to $185.99____ -----14.00 cost-shares earned under this program for the removal of hardware in any tract $186.00 to $199.99___ ' — - U) $200.00 and overi-_ on the tracts or drifts in which such or drift unless all hardware is removed — - (a) improper chipping occurs. from all remaining trees with eligible 1 Increase to $200 (e) The burning by the producer on faces. 2 No increase. any tract or drift of his turpentine farm General P rovisions R elating To § 706.320 Maintenance of practices. which will destroy natural reforestation F ederal Cost-S haring on land which is not fully stocked with The sharing of costs by the Federal turpentine trees or which will result in § 796.319 Increase in small Federal cost- Government for performance of ap­ shares. damage to established turpentine tree proved practices included in this pro­ reproduction. There may be withheld The total of the payment computed gram will be subject to the condition that or required to be refunded all or any part for any producer with respect to his tur­ the producer with whom the costs are of cost-shares earned under this program pentine farm under the Naval Stores shared will maintain such practices in on the tracts or drifts in which such im­ Conservation Program and the cost- accordance with good forestry practices proper burning occurs. share computed for him on the same as long as the timber remains under his (f) The installation of new faces on farm under the Agricultural Conserva­ control. There may be withheld or re­ tion Program shall be increased as round trees less than 9 inches d.b.h. or follows: (a) Any Federal cost-sharing quired to be refunded all cost-shares on more than one face on round trees leSs amounting to 71 cents or less shall be tracts or drifts in which failure to main­ than 14 inches d.b.h. in tracts or drifts increased to $1.00; (b) any Federal cost­ tain any or all practices occurs, except as having working faces installed during sharing amounting to more than 71 cents modified by this section or § 706.302(d). or prior to the 1960 turpentine season. but less than $1.00 shall be increased by The producer shall not be expected to There may be withheld or required to be 40 percent; (c) any Federal cost-shar­ maintain and complete the practice when refunded 2 cents per face for each work­ ing amounting to $1.00 or more shall be prevented by destruction of the timber ing face installed during or prior to 1960 increased in accordance with the fol­ by fire, weather, insects, diseases, or other in the tracts or drifts in which such in­ lowing schedule: conditions beyond his control. Measures stallation occurs. 13889 Thursday, October 8, 1964 FEDER At REGISTER

D efinitions § 706.321 Practices defeating purposes quired to be refunded if he has adopted of programs. or participated in adopting any scheme § 706.330 Definitions. or device, including the dissolution, re­ If the Forest Service finds that any organization, revival, formation, or use (a) Gum naval stores. Crude gum producer has adopted or participated in of any corporation, partnership, estate, (oleoresin), gum turpentine and gum any practice which tends to defeat the trust, or any other means which was rosin produced from living trees. purposes of this program or previous designed to evade, or which has the effect (b) Producer or turpentine farmer. programs, it may withhold or require of evading, the provisions of § 706.325. Any person, firm, partnership, corpora­ to be refunded all or any part of any cost- tion, or other business enterprise doing share which has been or otherwise would Applications for P ayment of F ederal business as a single legal entity, pro­ be made to such producer under this Cost-S hares ducing gum naval stores from turpentine program , except as modified by § 706.327 Persons eligible to file appli­ trees controlled through fee ownership, § 706.302(d) or § 706.320. cation for payment of Federal cost- cash lease, percentage lease, share lease, shares. or other form of control. § 706.322 Federal cost-shares not sub­ (c) Turpentine tree. Any tree of ject to claims. An application for payment of Federal either of the two species, longleaf pine Any Federal cost-share, or portion cost-shares may be filed by any producer (Pinus palustris) or slash pine (Pinus thereof, due any person shall be deter­ who contributed to the performance of elliottii Engelm). mined and allowed without regard to any approved Naval Stores Conserva­ (d) Turpentine farm. This includes questions of title under State law; with­ tion practice and is working faces for (1) land growing turpentine trees, owned out deduction of claims for advances the production of gum naval stores, dur­ or leased by a producer in one general (except as provided in § 706.323 and ex­ ing the 1985 turpentine season, which locality, which are currently being cept for indebtedness to the United were installed during or after the 1961 worked for gum naval stores, herein re­ States subject to set-off under order is­ season. If it is determined that two or ferred to as a working area; and (2) all sued by the Secretary (Part 13 of this more producers contributed to carrying commercially valuable or potentially val­ title)) and without regard to any claim out the practice the Federal cost-shares uable forest land, owned by a producer or lien against any crop, or proceeds shall be divided among such producers on which turpentine trees are growing thereof, in favor of the owner or any in the proportion which the Program and which are not being currently other creditor. Supervisor determines they contributed worked for gum naval stores, herein re­ to carrying out the practice. In making ferred to as a nonworking area. § 706.323 Assignments. this determination, the Program Super­ (e) Tract. A portion of a working visor shall take into consideration the area having a continuous stand of trees Any producer who may be entitled to value of the labor, equipment, or mate­ any Federal cost-share under the 1965 supporting faces of one age class or inter­ rial contributed by each person toward mingled age classes. program may assign his right thereto, the carrying out of each practice on a in whole or in part, as security for cash (f) Drift. A portion or subdivision of particular acreage, and shall assume that a tract set apart for convenience of oper­ loaned or advances made for the pur­ each contributed equally unless it is pose of financing the making of a crop ation or administration. established to the satisfaction of the (g) Turpentine season. The entire in 1965, including the carrying out of Program Supervisor that their respec­ soil and water conserving practices. No c a le n d a r year, or, if a farm is operated tive contributions thereto were not in less than the full calendar year, that assignment will be recognized unless it equal proportion. The furnishing of is made in writing on Form ACP—69 and period within the calendar year during land, trees, or the right to use water will which a producer is operating his tur­ in accordance with the regulations is­ not be considered as a contribution to the sued by the Secretary (Part 709 of this pentine farm for the production of gum chapter), witnessed, however, by an carrying out of any practice. naval stores. inspector or the Program Supervisor of § 706.328 Time and manner of filing (h) Face. The whole wound or aggre­ the Forest Service and filed with the For­ applications and required informa­ gate of streaks made by chipping, streak­ est Service, Valdosta, Georgia. tion. ing, or pulling the live tree to stimulate Payment of Federal cost-shares will be the flow of crude gum (oleoresin), herein § 706.324 Death, incompetency, or dis­ referred to as gum. appearance o f producer. made only when a report of performance is submitted to the Forest Service on or (i) Cup. A container made of metal, In case of death, incompetency, or dis­ before December 31, 1965, on the pre­ clay, or other material hung on or below appearance of any producer, his share scribed form (NSCP-3200-1) Application the face to accumulate the flow of gum. of cost-sharings shall be paid to his for Payment. Payment of Federal cost- (j) Tins. The gutters or aprons, successor, determined in accordance with shares may be withheld from any pro­ made of sheet metal or other material, the provisions of the regulations in A CP- ducer who fails to file any form or fur­ used to conduct the gum from a face into 122 as amended (Part 707 of this chap­ nish any Information required with a cup. ter). respect to any turpentine farm which is (k) D.b.h. Diameter breast height; being operated by him. i.e., diameter of tree measured 4 ^ feet § 706.325 Maximum Federal cost-shares from the ground. limitation. § 706.329 Appeals. (l) Round tree. Any tree which has The total of all cost-shares under the Any producer may, within 15 days not been faced or scarred. 1965 Naval Stores Conservation and the after notice thereof is forwarded to or (m) Scarred tree. A tree having an 1965 Agricultural Conservation Programs made available to him, request the Re­ idip face not over 36 inches in vertical to any person with respect to farms, gional Forester in writing to review the measurement from the shoulder of the ranching units, and turpentine places in recommendation or determination of the first streak to the shoulder of the last the United States, Puerto Rico, and the Program Supervisor in any matter strcftl?» Virgin Islands for approved practices affecting the right to or the amount of (n) Worked-out face. An idle face which are not carried out under pooling his Federal cost-shares with respect to which is 60 inches or more in vertical agreements shall not exceed the sum of the producer’s turpentine farm. The measurement between the shoulder of the $2,500, and for all approved practices, Regional Forester shall notify the pro­ first streak and the shoulder of the last including those carried out under pool­ ducer of his decision in writing within streak, or a dry face. ing agreements, shall not exceed the sum 60 days after the submission of the (o) Back face. A face placed on a tree of $10,000. appeal. If the producer is dissatisfied having a previously worked face. with the decision of the Regional For­ (p) Spiral gutter. A curved gutter § 706.326 Evasion. ester he may, within 15 days after the that follows a spiral path around the tree. All or any part of any Federal cost- decision is forwarded to or made avail­ (q) Warn apron. A curved two-piece share which has been or otherwise would able to him, request the Chief of the adjustable apron with tacking flange. be made to any producer participating Forest Service to review the case and (r> Double-headed nail. D ouble­ in this program may be withheld or re­ render his decision, which shall be final. headed nails specially designed for naval 13890 RULES AND REGULATIONS

stores use are produced commercially by are temporarily under such government (2) If the processor, in determining several manufacturers. The use of a or corporation ownership and are not the' net proceeds pursuant to the con­ double-headed nail meeting the following acquired or reserved for conservation tract, makes a deduction from the gross minimum specifications is required purposes. sales price of sugar for factory site bulk where this practice is used: . The over­ Of the lands covered by subparagraph sugar storage facilities owned by the all length shall be 1% inches; distance (3) of this paragraph only turpentine processor, such deduction shall be lim­ between heads a minimumpf % inch; its farms on lands meeting eligibility provi­ ited to amortization of such facilities, wire gauge no smaller than 13; the driv­ sions of subparagraph (3) of this para­ including improvements, over a reason­ ing head shall be of the flat “Common graph that are administered by the able period, interest at prevailing rates Nail” type with diameter between %2 and Farmers Home Administration, the Fed­ on the unrecoVered cost, taxes, insur­ % inches and diameter of clinching head eral Farm Mortgage Corporation, a Pro­ ance, maintenance, and operating costs Vi inch. Experience has shown that the duction Credit Association, or the U.S. properly applicable thereto. After the use of double-headed nails meeting these Department of Defense, shall be consid­ costs of the facilities, including improve­ specifications is satisfactory and meets ered eligible unless the Forest Service ments, have been fully recovered such the requirements for any type of installa­ finds that land administered by any oth­ deduction shall be limited to taxes, in­ tion and easy removal from the trees. er agency complied with all of the fore­ surance, maintenance, and operating (s) Virgin streak. The first chipping going provisions for eligibility. Costs properly applicable thereto. of the tree following initial installation (3) In determining the net proceeds of the face. § 706.334 Administration. pursuant to the contract, the gross sales (t) Hardware. All gutters, aprons, or The Forest Service shall have charge price per 100 pounds to be applicable to metal strips of any kind whatsoever of the administration of this program sugar sold to an affiliate company or together with nails used to support same and is hereby authorized to prepare and other affiliate business entity, or to sugar and nails used to support cups for the to issue such bulletins, instructions and used by the processor during the settle­ collection of raw gum resin. forms, and to make such determinations, ment period, shall be not less than the as may be required to administer this weighted average quoted basis price, less Authority, Availability of F unds, Ap­ program, pursuant to the provisions of plicability and Administration customary allowances, and plus appro­ this bulletin, and the field work shall be priate prepays and package differentials § 706.331 Authority. administered by the Forest Service which would have been applicable to such through the office of the Regional For­ This program is approved pursuant to sugar had it been marketed to non- ester, U.S. Forest Service, 50 Seventh affiliated purchases. the authority vested in the Secretary of Street NE., Atlanta Ga., 30323. Infor­ Agriculture under sections 7 to 17, inclu­ (b) Reporting requirements. T h e mation concerning this program may be processor shall submit to the Director, sive, of the Soil Conservation and Do­ secured from the Forest Service, Valdos­ mestic Allotment Act, as amended. Policy and Program Appraisal Division, ta, Ga., or from any local Area Forester Agricultural Stabilization and Conser­ §706.332 Availability of fundsi of the Forest Service. vation Service, U.S. Department of Agri­ (a) The provisions of this program are Done at Washington, D.C., this 2d day culture, Washington, D.C., 20250, within necessarily subject to such legislation of October 1964. ' 60 days after the close of the sales pe­ affecting said program as the Congress Charles S. Murphy, riod specified in the sugarbeet purchase of the United States may hereafter enact; Under Secretary. contract an itemized statement, for each the paying of the Federal cost-shares [F.R. Doc. 64-10268; Filed, Get. 7, 1964; settlement district, certified by an inde­ herein provided for is contingent upon 8:50 a.m.] pendent accountant showing the compu­ such appropriation as the Congress may tation of “net proceeds” or “net returns” hereafter provide for such purpose; and as provided in such contract, such state­ the amounts of such Federal cost-shares Chapter VIII-—Agricultural Stabiliza­ ment to be in substantially the form as will necessarily be within the limits fi­ tion and Conservation Service that contained in Schedule A below: nally determined by such appropriation (Sugar), Department of Agriculture' Provided, That, if the processor markets and by the extent of participation in this sugar to an affiliate company or other program. SUBCHAPTER I— DETERMINATION OF PRICES affiliate business entity or if the proces­ (b) The funds provided for this pro­ [Sugar Determination 871.17] sor uses any beet sugar, the weighted av­ gram will not be available for the pay­ PART 871— SUGARBEETS erage gross sales price for each category, ment of applications filed after Decem­ the marketing expenses applicable to ber 31, 1966. Fair and Reasonable Prices, 1964 > each, and the net proceeds derived there­ (c) If the total estimated cost-shares Crop from shall be reported in substantially under the Naval Stores Conservation Pursuant to the provisions of section the form shown on Schedule A -l be­ Program exceed the total funds available 301(c) (2) of the Sugar Act of 1948, as low, to supplement the information sub­ for cost-sharing, such cost-shares will be amended (herein referred to as “act”) , mitted in accordance with Schedule A: reduced equitably. after investigation and due considera­ Provided further, That, if the processor § 706.333 Applicability. tion of evidence presented at public in determining net proceeds makes a hearings held in December 1963 and Jan­ deduction for factory-site bulk sugar (a) The provisions of this program uary 1964 the following determination is storage facilities owned by the processor, are not applicable to any turpentining hereby issued. the total cost of such facilities, including operations within the public domain of improvements, the amount of the deduc­ the United States, including the lands § 871.17 Fair and reasonable priees for tion and the expenses used in determin­ and timber owned by the United States the 1964 crop of sugarbeets. ing such deduction shall be reported in which were acquired or reserved for con­ A producer of sugarbeets who is also substantially the form shown on Sched­ servation purposes, or which are to be re­ a processor of sugarbeets (herein re­ ule A-2 below, to supplement the infor­ tained permanently under Government ferred to as “processor”) shall have mation submitted in accordance with ownership (such lands include, but are paid, or contracted to pay for all sugar- Schedule A. not limited to lands owned by the United beets of the 1964 crop grown by other States which are administered by the producers and processed by him, in ac­ (c) Subterfuge. The processor shall Forest Service of the Department of Agri­ cordance with the following require­ not reduce returns to producers below culture or by the Fish and Wildlife Serv­ ments: those determined in accordance with the ice of the Department of the Interior). (a) Purchase agreements. (1) The requirements of this section through any (b) This program is applicable to: price for all sugarbeets delivered by a subterfuge or device whatsoever. (1) Turpentine farms on privately producer and processed by a processor, S tatement of B ases and Considerations owned lands; shall be not less than - that required to (2) Lands owned by a State or politi­ be paid pursuant to the 1964-crop sugar- (a) General. The foregoing determi­ cal subdivision or agency thereof; or beet purchase contract between the nation establishes the fair and reason­ (3) Lands owned by corporations processor and the producer for sugar- able price requirements which must be which are either partly or wholly owned beets processed from the acreage speci­ met, as one of the conditions for pay­ by the United States provided such lands fied in such contract. ment under the Act, by a producer who Thursday, October 8, 1964 FEDERAL REGISTER 13891 processes sugarbeets of the 1964 crop der that agreement, the producer has Schedule A—Statement op Average Net Re­ grown by other producers. agreed to pay to the processor as a capi­ turn or Net Proceeds Prom Sales of Sugar 1 (b) Requirements of the Act. Section tal contribution $1.00 per ton of beets Company------301(c) (2) of the act provides that the until the aggregate amount contributed Settlement area------producer on the farm who is also, di­ by all producers equals $5 million. Settlement period______—- rectly or indirectly, a processor of sugar- Consideration has been given to the Per beets or sugarcane, as may be determined provisions of the purchase contracts, to hundred­ the comparative average operating re­ weight by the Secretary, shall have paid, or con­ sugar tracted to pay under either purchase or sults of producers and processors ob­ (dollars) toll agreements, for any sugarbeets or tained by field study for a prior crop Gross sales price------sugarcane grown by other producers and and recast in terms of prospective price Less Sales and Marketing Expenses processed by him at rates not less than and production conditions for the 1964 (Applicable to Sugar only) : those that may be determined by the crop, and to other pertinent factors. Federal excise tax______Secretary to be fair and reasonable after The analysis indicates that the payments Freight on sugar to destination___ investigation and due notice and oppor­ for sugarbeets provided in the 1964 crop Cash discount------purchase contracts are fair and reason­ Allowances______tunity for public hearing. Public storage (actually paid)_____ (c) 1964 fair price determination. able at levels of sugar prices which may Off-site storage owned by the proc­ This determination provides that a proc­ be expected during the marketing season. essor (amount charged)------essor shall be deemed to have complied Accordingly, I hereby find and con­ On-site storage (computed charge)2- with the fair price provisions of the clude that the foregoing price determi­ Loading and handling______Sugar Act if he has paid, or contracted to nation will effectuate the price provi­ Cost of packing in excess of basis pay, prices for all sugarbeets processed sions of the Sugar Act of 1948, as amend­ pack__ -,______that are not less than those determined ed. (Sec. 403, Stat. 932, 7 U.S.C. Sup. Taxes_!____ — 1153. Interprets or applies sec. 301, 61 Insurance______— pursuant to the applicable 1964-crop Brokerage and Commissions______purchase contract with producers. Stat. 929, 7 U.S.C. Sup. 1131.> Advertising ------At the public hearings representatives (The recordkeeping and reporting re­ Sales department expenses: of producers and processors reported quirements of these regulations have Salaries______that where 1964-crop purchase contracts been approved by, and subsequent rec­ Travel______— had been negotiated with growers the ordkeeping and reporting requirements Miscellaneous______provisions were generally much the same will be subject to, the approval of the Other (specify)______Bureau of the Budget in accordance with Total Expense______as the 1963-crop contracts. Net Return or Net Proceeds------Examination of the 1964-crop purchase the Federal Reports Act of 1942.) contracts which have been negotiated by 1 Where the purchase contract provides Effective date. This determination that the proceeds from the sales of molasses producers and processors and submitted shall become effective on October 2,1964, and beet pulp are to be included in calculat­ to the Department subsequent to the and is applicable to the 1964 crop of ing the net return or net proceeds, show hearing, indicates that in the majority of separately the gross sales price and the mar­ contracts the major provisions relating sugarbeets. keting expenses applicable to each. to payments for sugarbeets conform to Signed at Washington, D.C., on Oc­ 2 Obtain from Schedule A-2. those of the 1963 crop. Three processors tober 2,1964. (Data will be held confidential and will not have adjusted the payment scale in a Charles S. Murphy, be published in any manner as would disclose number of their contracts—two proces­ Acting Secretary. the operations of any company.) sors increased the prices to be paid for beets at sugar content levels above the Schedule A -l—Statement of Gross Sales P rices Applicable to Sugar Sold to Affiliated Companies or normal range for the area and decreased E ntities and U sed by the P rocessor, as Compared to Sales tó N onaffiliated P urchasers prices for beets at sugar content levels below normal; and one processor in­ Affiliated Used by Nonaffiliated creased slightly the payment for beets at purchasers processor purchasers all levels of net proceeds realized from the sale of sugar, pulp, and molasses, above a certain level. New contracts in Dollars per cwt. Dollars per cwt. Dollars per cwt. two settlement areas adopt, generally, the provisions of other contracts of the Customary allowances: (itemize) company. The basis of payment for Other: quality of beets was changed in one con­ tract from a factory average cossette test to an individual test basis adjusted by the average sugar content in cos- settes. Other changes in the contracts relate to delivery schedules, the prices 0) for sugarbeet seed, charges for the use of company-owned bulk sugar storage i If any marketing expenses are deducted from the Gross Sales Price by the processor in computing net return facilities, the participation by producers for this particular sugar, such expenses shall be itemized separately. (Data will be held confidential and will not and processors in the freight costs for he published in any manner-as would disclose the operations of any company.) sugarbeets, and the methods of taring Schedule A-2—Statement R elating to Charges for Company-Owned F actory-Site B ulk Sugar Storage beets. Changes in the 1964 crop pur­ in C omputing N et P roceeds, 1964 Crop (Submit Separate Schedule for E ach F acility) chase contracts are not expected to alter significantly the sharing relationship be­ Company______:------.---- Location of bulk sugar storage facility ______tween the producer and the processor Settlement areas included______r------at normal ranges of sugar prices and Settlement period------Sugar sold during settlement period—cwt. . ------——------sucrose levels. Total dollars The contract of one processor who Original cost of facility (year first used ) ._ .------will operate a new plant in a locality Improvements (item and date): which received an acreage commitment from the national acreage reserve au­ thorizes a deduction of $1.00 per ton of Total cost of facility including improvements. beets by the processor in accordance with Total amount recovered prior to 1964 crop..., a Capital Contribution Agreement. Un­ Total unrecovered cost of facility_____;_____ No. 197----- 4 13892 RULES AND REGULATIONS

Schkdülb A-2—Continued manufactured, sold or offered for sale by Operating costs or charges for 1964 crop: Interest on unrecovered cost...______respondent, unless such payment or con­ Taxes______sideration is made available on propor­ Insurance______;______IIIIIIIIII_III ” tionally equal terms to all other cus­ Maintenance and operating (itemize).ZZZ_.ZZZZZIZ___"III__II” ' tomers competing with such favored customer in the distribution or resale of such products. Total operating costs for 1964 crop "IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII” ------It is further ordered, That the effec­ Amount applied against 1964 crop to amortize cost of faculty.__—IIII..IIIIII" ‘ * Total amount charged for facility in computing net proceeds—1964" crop" (to "be tive date of this order to cease and desist carried to Schedule A as amount of deduction)______be and it hereby is postponed until fur­ Unamortized cost of facility at end of 1964 wop______ther Order of the Commission Issued: September 18, 1964. com pm yT1 ** h6ld confldentlal and wm no* be published in any manner as would disclose the operations of any By the Commission. [F.R. Doc. 64-10246; Filed, Oct. 7,1964; 8:48 a.m.] [ se a l ] J o s e p h W . S h ea , Secretary. [F.R. Doc. 64-10218; Filed, Oct. 7, 1964; 8:46 a.m.] It is further ordered, That the effective Title 16— COMMERCIAL date of this order to cease and desist be and it hereby is postponed until further PRACTICES Order of the Commission. [Docket No. C-836] Chapter I— Federal Trade Commission Issued: September 18, 1964. PART 13— PROHIBITED TRADE [Docket No. C-834] By the Commission. .... PRACTICES PART 13— PROHIBITED TRADE [ se a l ] J o s e p h W . S h e a , Regal Knitwear Co., Inc. PRACTICES Secretary. Subpart—Discriminating in price un­ Cotton City Wash Frocks, Inc. [F A Doc. 64-1Q217; Filed, Oct. 7, 1964; der section 2, Clayton Act—Payment for 8:46 a.m.] services or facilities for processing or sale Subpart—Discriminating in price un­ under 2(d): § 13.824 Advertising ex­ der section 2, Clayton Act—Payment for penses. services or facilities for processing or [Docket No. C-835] (Sec. 5, 38 Stat. 721; 15 U.S.C. 46. Inter­ sale under 2(d); § 13.824 Advertising PART 13— PROHIBITED TRADE prets or applies sec. 2, 49 Stat. 1526; 15 U.S.C. Expenses. PRACTICES 13) [Cease and desist order, Premier Knit­ (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interprets ting Co., Inc., New York, N.Y., Docket C-835, or applies sec. 2, 49 Stat. 1526; 15 U.S.C. 13) Premier Knitting Co., Inc. Sept. 18, 1964] [Cease and desist order,. Cotton City Wasli Subpart—Discriminating in price un­ Frocks, Inc., New York,* N.Y., Docket C-834, Consent order requiring a New York Sept. 18, 1964] der section 2, Clayton Act—Payment for City distributor of wearing apparel to services or facilities for processing or cease discriminating in price in violation Consent order requiring a New York sale under 2(d): § 13.824 Advertising of section 2(d) of the Clayton Act by City distributor of wearing apparel to expenses. such practices as granting substantial cease discriminating in price in violation (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interprets promotional payments for advertising of section 2(d) of the Clayton Act by or applies sec. 2, 4 Stat. 1526; 15 U.S.C. 13) its products to certain department stores such practices as granting substantial [Cease and desist order, Premier Knitting and others while not making comparable promotional payments for advertising its Co., Inc., New York, N.Y„ Docket C-835 Sept. 18,1964] allowances available to all the competi­ products to certain department stores tors of the favored customers. and others while not m ak in g comparable Consent order requiring a New York Hie order to cease and desist, includ­ allowances available to all the competi­ City distributor of wearing apparel to ing further order requiring report of tors of the favored customers. cease discriminating in price in viola­ compliance therewith, is as follows: The order to cease and desist, in­ tion of section 2(d) of the Clayton Act cluding further order requiring report of by such practices as granting substan­ It is ordered, That respondent Regal compliance therewith, is as follows: Knitwear Co., Inc., 1333 Broadway, New tial promotional payments for advertis­ York, New York, a corporation, its offi­ It is ordered, That respondent Cotton ing its products to certain department cers, directors, agents and ■ representa­ City Wash Frocks, Inc., 1350 Broadway, stores and others while not making com­ tives and employees, directly or through New York 18, New York, a corporation, parable allowances available to all the any corporate or other device, in the Its officers, directors, agents and repre­ competitors of the favored customers. course of its business in commerce, as sentatives and employees, directly or The order to cease and desist, includ­ ing further order requiring report of “commerce” is defined in the Clayton through any corporate or other device, Act, as amended, do forthwith cease and in the course of its business in commerce, compliance therewith, is as follows: desist from: ' as “commerce” is defined in the Clayton It is ordered, That respondent Pre­ (1) Paying or contracting for the pay­ Act, as amended, do forthwith cease and mier Knitting Co., Inc., 1410 Broadway, ment of anything of value to, or for the desist from: New York, New York, a corporation, benefit of, any customer of the respond­ (1) Paying or contracting for the pay­ its officers, directors, agents and repre­ ent as compensation or in consideration ment of anything of value to, or for the sentatives and employees, directly or for advertising or promotional services, benefit of, any customer of the respond­ through any corporate or other device, ent as compensation or in consideration or any other service or facility, furnished in the course of its business in commerce, by or through such customer in connec­ for advertising or promotional services, as “commerce” is defined in the Clayton or any other service or facility, furnished Act, as amended, do forthwith cease and tion with the handling, sale or offering by or through such customer in connec­ desist from: for sale of wearing apparel products tion with the handling, sale or offering (1) Paying or contracting for the pay­ manufactured, sold or offered for sale for sale of wearing apparel products ment of anything of value to, or for the by respondent, unless such payment or manufactured, sold or offered for sale by benefit of, any customer of the respond­ consideration is made available on pro­ respondent, unless such payment or con­ ent as compensation or in consideration portionally equal terms to all other cus­ sideration is made available oh propor­ for advertising or promotional services, tomers competing with such favored tionally equal terms to all other cus­ or any other service or facility, furnished customer in the distribution or resale of tomers competing with such favored by or through such customer in connec­ such products. customer in the distribution or resale of tion with the handling, sale or offering such products. It is further ordered, That the effective for sale of wearing apparel products date of this order to cease and desist be Thursday, October 8, 1964 FEDERAL REGISTER 13893 and it hereby is postponed until further § 8.390 Diluents in color additive mix­ tion. If a specification for a particular order of the Commission. tures for food use exempt from cer­ diluent is not set forth in this Subpart tification. D, the material shall be of a purity con­ Issued: September 18,1964. The following substances may be safely sistent with its intended use. By the Commission. (a) General use. (1) Substances that used as diluents in color additive mix­ are generally recognized as safe under [seal] J oseph W. S hea, tures for food use exempt from certifica­ the conditions set forth in section 201 (s) Secretary. tion, subject to the condition that each of the act. [F.R. Dog. 64-10219; Piled, Oct. 7, 1964; straight color in the mixture has been (2) Substances meeting the definitions 0:46 a.m.] exempted from certification or, if not and specifications set forth under Part so exempted, is from a batch that has 121 of this chapter, and which are used previously been certified and has not only as prescribed by such regulations. Title 21— FOOD AND DROGS changed in composition since certifica- (3) The following: Chapter I— Food and Drug Adminis­ Substance Definition and Restrictions tration, Department of Health, Edu­ specification cation, and Welfare As set forth in Not more than 500 p.p.m. in the finished food. Labeling of color additive U.S.P. XVI. mixtures containing castor oil shall bear adequate directions for use SUBCHAPTER A— GENERAL that will result in a food meeting this restriction. PART 8— COLOR ADDITIVES (b) Special use—(1) Diluents in color additive mixtures for marking food— Subpart D— Listing of Color Additives (i) Inks for marking gum and confectionery. Items listed in paragraph (a) of this for Food Use Exempt From Certifi­ section and the following: cation Substances Definitions and specifications Restrictions Subpart F— Listing of Color Additives No residue in finished confectionery for Drug Use Exempt From Certifi­ or gum. cation Cetyl alcohol______J.------As set forth in N.F. XI. Do. Diluents in Color Additive Mixtures; Ethyl cellulose______As set forth in § 121.1087 of this chapter. P inal Order Listing for F ood and Do. D rug U se Do. Do. In response to the notice published in Polyoxyethylene sorbitan monoole- As set forth in $ 121.1009 of this ate (polysorbate 80). chapter. the F ederal R egister of July 16, 1964 Polyvinyl acetate______Molecular weight, minimum 2,000. (29 F.R. 9623), which proposed the list­ Polyvinylpyrrolidone______As set forth in § 121.1139 of this chapter. ing of certain diluents in color additive Rosin andjrosin derivatives...... As set forth in § 121.1059 of this mixtures for food and drug use, four chapter. comments were received. Three of thex Shellac, purified______------Food grade. comments dealt with additions to the list of diluents. One comment, by the (ii) Inks for marking fruit and vegetables. Items listed in paragraph (a) of this Certified Color Industry Committee, pro­ section and the following: posed that all color additive mixtures for food use be subject to certification. Substances Definitions and specifications Restrictions The Commissioner of Food and Drugs has carefully considered the comments As set forth in N.F. X I______No residue. received, together with other relevant Alcohol, SDA-3A...... As set forth in 26 OFR Part 212____ Do. data, and has reached the following con­ As set forth in U.S.P. XVI...... clusions: Ethyl acetate______As set forth in N.F. X I______.. Do. Ethyl cellulose------As set forth in § 121.1087 of this chap­ 1. A requirement that all color addi­ ter. tive mixtures for food use be subject to Do. certification would require amendment Poly vinylpyrroldone______As set forth in §121.1139 of this chap- of § 8.30 of the Interpretative and Pro­ Rosin and rosin derivatives______As set forth in § 121.1059 of this chap­ cedural Color Additive Regulations. No ter. Silico dioxide______As set forth in, § 121.1058 of this chap­ Not more than 2 percent of the ink evidence has been advanced, nor is in­ ter. ' „ solids. formation otherwise available, from Terpene resins, natural______As set forth in § 121.1059 of this chap­ which a conclusion can be reached that ter. such an amendment is necessary to pro­ Terpene resins, synthetic...... Polymers of a- and /9-pinene...... tect consumer interests. 2. It is concluded that grounds have (2) Diluents in color additive mixtures Pentaerythritol ester of fumaric acid-rosin for coloring shell eggs. Items listed in adduct. - been stated for the requests to include Polyethylene glycol 6000 (as identified in a number of other diluents in the pro­ paragraph (a) of this section and the § 121.1057 of this chapter) .- posed list, and the requests are granted, following, subject to the condition that Polyvinyl alcohol. in part. there is no penetration of the color addi­ Rosin and rosin derivatives (as identified Therefore, pursuant to the provisions tive mixture or any of its components in § 121.1059 of this chapter). through the eggshell into the egg: of the Federal Food, Drug, and Cosmetic 2. Subpart F, Part 8, is amended by Act (sec. 706(c), (d), 74 Stat. 402, 403; Alcohol, denatured, formula 23A (26 CFR 21 U.S.C. 376(c), (d)) and under the Part 212), Internal Revenue Service. adding thereto the following new sec­ authority delegated to the Commissioner Damar gum (resin). tion: by the Secretary of Health, Education, Diethylene glycol distearate. Dioctyl sodium sulfosuccinate. § 8.6200 Diluents in color additive mix­ and Welfare (21 CFR 2.90; 29 F.R. 471) ; Ethyl cellulose (as identified in § 121.1087 of tures for drug use exempt from cer­ It is ordered, That §§ 8.390 and 8.6200 this chapter). tification. be adopted as set forth below: Ethylene glycol distearate. 1. Subpart D, Part 8 is amended byJapan wax. The following diluents may be safely adding thereto the following new Limed rosin. used in color additive mixtures that are section: Naphtha. exempt from certification and which are to be used for coloring drugs, subject to Food, Drug, and Cosmetic Act with re­ cation of rosin esters by countercurrent tory substance in chewing gum base. 13894 the condition that each straight color in spect to drugs, including new drugs. If steam distillation be replaced by permit­ For the purpose of cross-referencing, it the mixture has been exempted from cer­ a definition and specification for a par­ ting purification by steam sparging or by has been concluded that § 121.1059 tification or, if not so exempted, is from ticular diluent is not set forth in this steam stripping. This request was should include a specific reference to a batch that has previously been certified Subpart F, the material shall be of a deemed valid. Additionally, it was re­ § 121.1156. and has not changed in composition since purity consistent with its intended use. quested that the drop-softening point Based upon the foregoing conclusion certification. Such listing of diluents is (a) Ingested drugs—(. 1) General use, specification included in the proposal be and pursuant to the provisions of the not to be construed as superseding any of Diluents listed in § 8.390(a) and the fol­ replaced by the method ASTM E 28-58T, Federal Food, Drug, and Cosmetic Act the other requirements' of the Federal lowing: entitled “Tentative Method of Test for (sec. 409 (c), (d), 72 Stat. 1786, 1787; 21 Softening (by Ring and Ball Appa­ U.S.C. 348 (c), (d) ) and under the au­ Substances Definitions and specifications Restrictions ratus) .” It has been concluded that thority delegated to the Commissioner drop-softening point will be specified, but by the Secretary of Health, Education, Alcohol, specially denatiirerl As set forth in 26 CFR, Part 212___ industry is free to use any method avail­ and Welfare (21 CFR 2.90; 29 F.R. 471), Cetyl alcohol...Ij.... ______able for the determination of softening Isopropvl alcohol. .... In color coatings for pharmaceutical § 121.1059 of the food additive regula­ forms; no residue. point or melting point of “Plasticizing tions is amended by adding to the list of Polyoxyethylene (20) sorbitan mono­ As set forth in $ 121.1030 of this Materials (Softeners) ” identified in this stearate (Polysorbate 60). chapter. synthetic masticatory substances, imme­ Polyoxyethylene (20) sorbitan tri­ As set forth in §121.1008 of this section, provided that the method of diately before “Polyethylene”, the com-' stearate (Polysorbate 65). chapter. choice is scientifically adequate for such Polysorbate 80..... As set forth in § 121.1009 of this determination. For the purpose of de­ ponent “Petroleum wax” and by revising chapter. the list of “Plasticizing Materials (Soft­ Polyvinyl-pyrrolidone...______As set forth in § 121.1139 of this termining compliance with the regula­ chapter. tion, the Food and Drug Administration eners)” to read as follows: Sorbitan monooleate______Sorbitan mnnnstearate As set forth in § 121.1029 of this will use the drop-softening point. § 121.1059 Chewing gum base. chapter. On July 8, 1964 (29 F.R. 9326), Sorbitan trioleate...... * * * * * § 121.1156 was promulgated authorizing REGULATIONS AND RULES the use of petroleum wax as a mastica- (a) * * * (2) Special use; inks for "branding justify the relief sought. Objections pharmaceutical forms. Items listed in may be accompanied by a memorandum § 8.390(b) (1) (i) and the following: or brief in support thereof. Masticatory Substances * * * * Ethyl lactate. Effective date. This order shall be­ Polyoxyethylene sorbitan monolaurate (20). Synthetic Specifications come effective 60 days from the date of * * * * its publication in the F ederal R egister, (b) Externally applied drugs. Dilu­ Petroleum wax------*______Complying with § 121.1156. ents listed in paragraph (a)(1) of this except as to any provisions that may be section and the following: stayed by the filing of proper objections. * . * * * Plasticizing Materials (Softeners) Definitions and Notice of the filing of objections or lack Substances specifications thereof will be announced by publication Glycerol ester of partially dimerized rosin___ Having an acid number of 3-8, a drop­ Benzyl alcohol____As set forth In N.P. XI. in the Federal R egister. softening point of 109° 0.-119° C., and a Ethyl cellulose___ As set forth in § 121.1087 (Sec. 706(c), (d), 74 Stat. 402, 403; 21 U.S.C. color of M or paler. of this chapter. 376(c), (d)) Glycerol ester of partially hydrogenated wood Having an acid number of 3-10, a drop­ Hydroxyethyl ------rosin. softening point of 79* C.-88* C., and a cellulose. Dated: September 30,1964. color of N or paler. Hydroxypropyl As set forth in § 121.1160 Glycerol ester of polymerized rosin______Having an acid number of 3-12, a melting- cellulose. of this chapter. Winton B. Rankin, Assistant Commissioner point range of 80° 0.-126° C., and a color Any person who will be adversely af­ for Planning. ' of M or paler. fected by the foregoing order may at any Glycerol ester of wood rosin______Having an acid number of 5-9, a drop­ time within 30 days following the date of [F.R. Doc. 64—10254; FUed, Oct. 7, 1964; softening point of 88° C.-96* C., and a 8:48 a.m.] its publication in . the F ederal R egister color of N or paler. The ester is purified by steam stripping. file with the Hearing Clerk, Department Lanolin ______of Health, Education, and Welfare, Room SUBCHAPTER B— FOOD AND FOOD PRODUCTS Methyl ester of rosin, partially hydrogenated. Having an acid number of 4-8, a refractive 5440, 330 Independence Avenue SW., index of 1.5170-1.5205 at 20° C., and a Washington, D.C., 20201, written objec­ PART 121—-FOOD ADDITIVES tions thereto, preferably in quintupli­ viscosity of 23-66 poises at 25° C. The cate. Objections shall show wherein the Subpart D— Food Additives Permitted ester is purified by steam stripping. Pentaerythritol ester of partially hydrogen­ Having an acid number of 7-18, a drop­ person filing will be adversely affected by in Fodd for Human Consumption ated wood resin. the order and specify with particularity softening point of 102° C.-110* C., and a Chewing Gum B ase color of K or paler. the provisions of the order deemed objec­ Pentaerythritol ester of wood rosin.______tionable and the grounds for the objec­ Having an acid number of 6-16, a drop­ A proposal to amend § 121.1059 was softening point of 109* C.-116* C., and a tions. If a hearing is requested, the published in the F ederal R egister of color of M or paler. objections must state the issues for the July 10, 1964 (29 F.R. 9456). Subse­ Rice bran wax______Complying with § 121.1098. hearing, and such objections must be quently, a comment was received re­ Stearic acid______Complying with § 121.1070. supported by grounds legally sufficient to questing that the requirement of purifi­ Sodium and potassium stearates______Complying with § 121.1071. Thursday, October 8, 1964 FEDERAL REGISTER 13895

Any person who will be adversely af­ T able 1—Amprolium in C omplete Chicken and T urkey F eed fected by the foregoing order may at any Principal ingre­ Grams per Combined with— Grams per Limitations Indications for use time within 30 days from the date of its dient ton ton publication in the F ederal R egister file with the Hearing Clerk, Department of * * * 2.2 * * * * * * * * # ♦ # * Health, Education, and Welfare, Room 113.5-227 Arsanilic acid_____ 90 For broiler chickens; not Prevention of 5440, 330 Independence Avenue SW., (0.0125%- (0.01%) for laying chickens; coccidiosis; 0.025%) withdraw 5 days be­ growth promo­ Washington 25, D.C., written objections fore slaughter. tion and feed efficiency; im­ thereto. Objections shall show wherein proving pig­ the person filing will be adversely af­ mentation. fected by the order and specify with par­ 113.5-227 3.6 ___ do...... - Do. (0.0125%- (0.0004%) ticularity the provisions of the order 0.025%) deemed objectionable and the grounds # + 90 for the objections. If a hearing is re­ (0.01%) quested, the objections must state the is­ a. 2.1, 2.2, 2.3, or 113.5-227 2.4-50 For broiler chickens; Growth promo­ as procaine penicillin. tion and feed sues for the hearing. A hearing will be 2.4. efficiency. granted if the objections are supported * * * * * * * * * ♦ ♦ * * * * by grounds legally sufficient to justify c. 2.1, 2.2, 2 3, or 113.5-227 Penicillin+strepto- 14.4-50 For broiler chickens; as Do. 2.4. mycin. procaine penicillin the relief sought. Objections may be plus streptomycin sul­ accompanied by a memorandum or brief fate; 14.4-50 gm. of combination contain­ in support thereof. All documents shall ing 16.7% of penicillin. be filed in quintuplicate. Effective date. This order shall be ef­ 2. Section 121.253 (c) is amended by revising the table to read as follows: fective on the date of its publication in § 121.253 Arsanilic acid. the F ederal R egister. (Sec. 409 (c), (d), 72 Stat. 1786, 1787; 21 U.S.C. 348 (c), (d) ) (c) Dated: September 30,1964. a pqaKNTr Arm in Complete Chicken and T urkey F eed Win ton B. R ankSn, Principal ingre­ Grams per Combined with— Grams per Limitations Indications for use Assistant Commissioner dient ton ton for Planning. 1.1 Arsanilic acid... 90 For chickens and tur­ Growth promotion [F.R. Doc. 64-10255; Filed, Oct. 7, 1964; (0.01%) keys; withdraw 5 days and feed effi­ 8:48 ajn.] before slaughter. ciency; improv­ ing pigmenta­ tion. 1.2 Arsanilic acid__ 90 Penicillin. 2.4-60 For broiler chickens; as Do. (0. 01%) procaine penicillin; PART 121— FOOD ADDITIVES withdraw 5 days be­ fore slaughter. SUBCHAPTER C— DRUGS 1.3 Arsanilic acid... 90 Penicillin + strep­ 14.4-50 For broiler chickens; as Do. (0. 01%) tomycin. procaine penicillin + streptomycin sulfate; PART 146— GENERAL REGULATIONS 14.4-50 gm. of com­ bination containing FOR THE CERTIFICATION OF ANTI­ 16.7% of penicillin; BIOTIC A N D ANTIBIOTIC- withdraw 5 days be fore slaughter. CONTAINING DRUGS a. 1.1.__ .”____ _ 90 Amprolium. 36.3-227 $ 121.210, table 1, items § 121.210. table 1, (0.004%- 1.1, 2.1, 3.1. items 1.1,2.1,3.1. Amprolium 0.026%) b. 1.1,1.2, or 1.3- 90 do. 113.6- 227 §121.210, table 1, item § 121.210, table 1, (0.0126%- 2.1. '' item 2.1. A. The Commissioner of Food and 0.025%) Drugs, having evaluated the data sub­ c. 1.1,1.2, or 1.3.. 90 ___ do______113.6- 227 §121.210, table 1, item § 121.210, table 1, (0.0125%- 2.2. item 2.2. mitted in a petition (FAP 1343) filed by 0.025%) Merck Chemical Division, Merck and Ethopabate...... Company, Inc., Rahway, New Jersey, and (0.0004%) ^d. 1.1...... 90 Zoalene, with or 36.3-170.3 For chickens and tur­ § 121.207 table, other relevant material, has concluded ^without: (0.004%- keys; as prescribed items 1, 2, 3. that the food additive regulations should 0.01875%) in § 121.207, table, items 1, 2, 3. be amended to provide the conditions i. Penicillin______2.4-50 For chickens; as pre­ § 121.207, table, under which combinations of amprolium scribed in § 121.207, items 2, 3. table, items 2, 3; as with ethopabate, arsanilic acid, penicil­ procaine penicillin. lin, and streptomycin may be safely used ii. Penicillin plus 3.6-50 For chickens; as pre­ Do. bacitracin. scribed in § 121.207, in chicken feed. Therefore, pursuant to table, items 2, 3; not the provisions of the Federal Food, Drug, less than 0.6 gm. of penicillin nor less than and Cosmetic Act (sec. 409(c)(1), 72 than 3.0 gm. of baci­ tracin; as procaine Stat. 1786; 21 U.S.C. 348(c)(1)), and penicillin plus baci­ under the authority delegated to the tracin, bacitracin methylene disalicy­ Commissioner by the Secretary of Health, late, manganese baci­ Education, and Welfare (21 CFR 2.90; 29 tracin, or zinc baci­ tracin. F.R. 471), Part 121 is amended in the iii. Bacitracin. 4-50 For chickens; as pre­ Do. following respects: scribed in § 121.207, table, items 2, 3; as 1. Section 121.210(c) is amended by bacitracin bacitracin changing items a and c now under item methylene, disalicy­ late, manganese baci­ 2.2 in table 1 to read as set forth below tracin, or zinc baci­ and by inserting new items 2.3 and 2.4. tracin. As amended, the affected portions are as follows: (Sec. 409(c)(1), 72 Stat. 1786 as amended Cosmetic Act (sec. 507(c), 59 Stat. 463, 76 Stat. 785; 21 U.S.C. 348(c) (1)) as amended; 21 U.S.C. 357(c) >, and dele­ § 121.210 Amprolium. B. Under the authority vested in the gated to the Commissioner of Food and * * * * * Secretary of Health, Education, and Drugs by the Secretary (21 CFR 2.90; (c) * * * Welfare by the Federal Food, Drug, and 29 F.R. 471), the Commissioner finds that 13896 RULES AND REGULATIONS

animal feed containing amprolium and vision broadcast Channel 4 (66-72 Mc/s) arsanilic acid is safe and efficacious for Title 26-INTERNAL REVENUE for use by television broadcast stations use in the amounts and under the con­ Chapter I— Internal Revenue Service, in Guam, Mariana Islands, prior to July ditions prescribed in Part 121 of this 1, 1970. Subject to agreement by the chapter. Therefore, § 146.26 is amend­ Department of the Treasury Commission, frequencies within that ed in the following respects : [TJD. 6759] band may be authorized for use by Gov­ Paragraph (b) (44) and (54) is amend­ ernment stations in the maritime mobile ed by changing the first sentence in each PART 1— INCOME TAX; TAXABLE service in the Mariana Islands and vicin­ subparagraph to read as indicated YEARS BEGINNING AFTER DECEM­ ity, until July l, 1970. Through inad­ below: BER 31, 1953 vertence, a concomitant amendment of § 146.26 Animal feed containing certi­ § 73.603 of the Commission rules was fiable antibiotic drugs. Receipt of Minimum Distributions omitted. ***** From Controlled Foreign Corpora­ Accordingly, it is hereby ordered, That (b) * * * tions pursuant to the authority contained in (44) It is a medicated chicken or Correction sections 4(j) and 303 (c), (f) and (r) of turkey feed containing antibiotics and the Communications Act of 1934, as amprolium, with or without arsanilic In F.R. Doc. 64-9633, appearing at amended, and § 0.261(a) of the Com­ acid, in the amounts and for the pur­ page 13323 of the issue for Friday, Sep­ mission’s rules, § 73.603 of the Commis­ poses indicated in § 121.210 of this chap­ tember 25, 1964, the following changes sion’s rules is amended, effective October ter, and its labeling bears adequate di­ should be made: 8, 1964, by adding the following new rections and warnings for such use; Pro­ 1. Section 1.693-1, on page 13325, paragraph (d) : should be numbered § 1.963-1. vided, however, That such medicated § 73.603 Numerical designation of tele­ complete feed has been prepared from 2. On page 13337, § 1.963-4(c) (2) (ii) vision channels. a concentrated amprolium-antibiotic (a) should read as follows: * * * * * medicated feed that contained not more (a) The foreign income tax which is than 0.05 percent amprolium. * * * (d) In Guam, Mariana Islands, the paid or accrued by a foreign corporation frequency band 66-72 Mc/s (Television ***** for such year, by reason of the receipt Channel 4) is not available for use by (54) It is a medicated feed for grow­ and payment of earnings and profits television broadcast stations prior to ing broiler and replacement chickens; it counting toward such minimum distribu­ July 1, 1970. Subject to. agreement by contains amprolium, ethopabate (meth- tion, is deemed paid under subdivision (i) the Commission, frequencies within this yl-4-acetamido-2-ethoxy benzoate), and (a) or (b) of this-subparagraph, band may be authorized until July 1, antibiotics, with or without arsanilic 3. In the 3d column on page 13339, 1970, for use by Government stations in acid, in the amounts and for the pur­ “.96”, shown as the last item under “A”, the maritime mobile service in the Mari­ poses indicated in § 121.210 of this chap­ should appear under “B”. ana Islands and vicinity. ter; and its labeling bears adequate di­ 4. In the 2d column on page 13340, (Secs. 4, 303, 48 Stat. 1066, as amended, 1082, rections and warnings for such use; “$0.52” in the 2d line should read “0.52”, as amended; 47 U.S.C. 154, 303) Provided, however, That such medicated “$0.90” and “$0.52” in the 13th line complete feed has been prepared from a should read “0.90” and “0.52”, and Adopted: October 2,1964. concentrated medicated feed that con­ “$0.52” in the 45th line should read Released: October 2,1964. tained not more than 0.05 percent ampro­ “0.52”. lium and not more than 0.0016 percent 5. In the 3d column on page 13340, F ederal Communications ethopabate. * * * “[0.22X0.261” in the 28th line should Commission, (Sec. 507(c), 59 Stat. 463 as amended; 21 read “[0.22+0.26]”. [seal] B en F. W aple, U.S.C. 357(c) ) 6. On page 13341, item (c) of Example Secretary. (4) should read: Any person who will be adversely af­ [F.R. Doc. 64-10259; Filed, Oct. 7, 1964; fected by the foregoing order may at any (c) Based upon the distributions which 8:49 a.m.] time within 30 days from the date of its are made by corporations A, B, and C, M Corporation pays United States tax as follows publication in the F ederal R egister file for 1963 and 1964: [Docket No. 14711; FCC 64-904] with the Hearing Clerk, Department of Health, Education, and Welfare, Room 7. On page 13341 in the table headed PART 73— RADIO BROADCAST 5440, 330 Independence Avenue SW., “1963”, “O” should be inserted on the SERVICES Washington 25, D.C., written objections last line under “B”. thereto. Objections shall show wherein 8. On page 13342, the year “1963” Multiple Ownership of Standard, FM the person filing will be adversely af­ heading the two double columns should and Television Broadcast Stations fected by the order and specify with par­ read “1964” in both instances. Memorandum Opinion and Order. ticularity the provisions of the order 9. In the 6th' line on page 13342, 1. In a Report and Order (FCC 64-445) deemed objectionable and the grounds “$0.52” should read “0.52”. released in this proceeding on June 9^ for the objections. If a hearing is re­ 10. On page 13343, the year “1963” 1964, and published in the F ederal quested, the objections must state the heading the double column should read R egister on June 12, 1964 (29 F.R. 7535) issues for the hearing. A hearing will “1964”. we amended the “duopoly” portions of be granted if the objections are sup­ 11. In the 1st column on page 13346, the multiple ownership rules (§§ 73.35, ported by grounds legally sufficient to “[0.20+$30]” in the 11th line should 73.240, and 73.636) effective July 16, j ustify the relief sought. Obj ections may read “[0.20 x $30]”. 1964. Prior to amendment, they were be accompanied by a memorandum or couched in terms of prohibiting parties brief in support thereof. All documents from owning, controlling, or operating shall be filed in quintuplicate. (1) standard broadcast stations if their Effective date. This order shall be ef­ Title 47— TELECOMMUNICATION primary service contours overlapped sub­ fective on the date of its publication in stantially, (2) FM broadcast stations Chapter I-—Federal Communications which served substantially the same the F ederal R egister. Commission area, and (3) television broadcast sta­ (Sec. 409(c)(1), 507(c), 59 Stat. 463 as PART 73— RADIO BROADCAST tions which served substantially the same amended; 72 Stat. 1786 as amended; 76 Stat. area. The amendments substituted for 785; 21 U.S.C. 348(c) (1), 357(c) ) SERVICES these general norms the following fixed Dated: September 30,1964. Television Broadcasting in Guam, standards: (1) Standard broadcast sta­ Mariana Islands tions—no overlap of predicted or meas­ W inton B. R ankin, ured 1 mv/m contours, (2) FM broad­ Assistant Commissioner By Order dated September 21, 1964, cast stations—no overlap of the predicted for Planning. the Commission amended the Table of 1 mv/m contours, and (3) television [F.R. Doc. 64-10256; Filed, Oct. 7, 1964; Frequency Allocations in § 2.106 of the broadcast stations—no overlap of the 8:48 a.m.] rules to delete the availability of tele­ predicted Grade B contours. Thursday, October 8, 1964 FEDERAL REGISTER 13897 2. In addition to the foregoing; the ments which we believe merit considera­ proposed in the Notice. It is suggested amendments specified that the new re­ tion, or because they make suggestions that we should permit the same method quirements would apply to applicants for for modifications of the rules which we to be used in calculating the Grade B new stations, major changes in existing believe to be appropriate. contours which we have adopted as the stations, assignments of licenses, and standard. Overlap Existing After Major Change 7. It is true that the Notice herein transfers of control (except for assign­ in F acilities ments or transfers which are pro forma implied that the “Appendix A” curves or by operation of law); that they would 5. CBS and American Broadcasting could be used in the calculation of con­ not apply to Class IV standard broadcast Stations, Inc., et al. (American) observe tours of UHF stations in connection with stations requesting power increases; that that the new rules state, in part, that a the duopoly rules. However, we antici­ they would not apply to television sta­ license will not be granted if the grant pate issuing in the near future a Notice tions which are primarily “satellite” will result in any overlap of the kind of Proposed Rule Making that will invite operations; and that they would not proscribed for the particular broadcast comments on proposed new curves for require divestiture, by any licensee, of service. They point out that since the UHF which the Commission’s staff has existing facilities, but that commonly i^ew rules apply to applicants for major developed. Since for certain powers and owned stations with prohibited over­ changes of existing facilities, this would heights the proposed new curves will be lapping contours could not be transferred appear to mean that a station in an more optimistic with regard to Grade B or assigned to a single person or entity. overlap situation before the effective coverage than the “Appendix A” curves 3. The Commission now has before it date of the new rules could not obtain a (although less optimistic than the Fig­ petitions for reconsideration of the license for a major change which might ure 9 curves) we believe it would not be aforementioned Report and Order, and result in a degree of overlap less than appropriate to adopt the “Appendix A” petitions for stay of the effective date of or the same as that existing before the standard, if the purposes of the duopoly the new amendments adopted therein.1 proposed change, but could only obtain rule are to be achieved. We adhere to Many of the points raised in the peti­ an authorization for a major change if our original decision to use Figure 9 in tions for reconsideration are substanti­ it resulted in removing all overlap. CBS calculating UHF Grade B contours for ally the same as those previously con­ and American respectively urge that the the purposes of the overlap rules pending rule should permit such major changes the adoption of new curves which should sidered in this proceeding. We have dis­ if there is no increase or no substantial not be too far in the future. However, posed of them in the Report and Order increase in overlap. It is the intent of as a matter of policy, in the meantime released June 9, 1964, herein and adhere the Commission that after a major individual cases in which the applicant to our original reasoning and decisions change of facilities of such a station, can show that it is in the public interest concerning them, which were reached overlap need not be eliminated but may to use different criteria will be dealt with after careful consideration. They will be equal to or less than that existing pre­ on an ad hoc basis. ■therefore be given no further ,discussion viously, and may consist partly or en­ here.2 tirely of terrain not included in the pre­ Applicability o t the N ew R ules 4. Some petitioners raise matters vious overlap as long as the amount of 8. Footnote 23 of the Report and Or­ which are considered at this stage either area subjected to overlap is not increased, for the purpose of clarifying or elaborat­ der stated that the new rules, the effec­ absent a substantial increase in “over­ tive date of which was July 16, 1964, ing our previously expressed views on lap” population. We are amending the the subject, for disposing of new argu- would apply to pending applications, in­ rules accordingly.8 cluding hearing cases, as well as to new 1 Petitions for reconsideration were timely Computation of UHF Grade B applications. It touched briefly on the filed by the following: Vetreans Broadcasting Contours possibility of amendment of pending ap­ Company, Inc.; Columbia Broadcasting Sys­ plications to comply with the new rules, tem, Inc.; American Broadcasting Stations, 6. The petition of American Broad­ and ended by saying that non-conform­ Inc., et al.; William N. Udell; Abacoa Radio casting Stations, Inc., et al., directs ing applications not amended to comply Corporation; Tidewater Broadcasting Com­ attention to the fact that the newly would be dismissed when the new rules pany, Inc.; Northern Indiana Broadcasters, adopted amendment to §-73.636 prohibits became effective. In a Public Notice Inc.; Association on Broadcasting Standards, overlap of Grade B contours of television (FCC 64-636) released July 9, 1964, the Inc.; Metromedia, Inc.; Storer Broadcasting stations computed in accordance with Commission announced its decision to Company; Southeastern Broadcasting Cor­ § 73.684 of the rules. That section speci­ poration; and The Broadcasting Company of fies that the distance to the field inten­ liberalize this policy so that applications the South. Petitions for stay were filed by: sity contours of UHF stations shall be in hearing status concerning which a Station WPRA, Franklin, Pa.; William N. Hearing Examiner had released an Ini­ Udell; Abacoa Radio Corporation; Tidewater calculated in accordance with the F tial Decision prior to June 9, 1964 (the Broadcasting Company; Northern Indiana (50,50) field intensity chart in Figure 9 date of release of the Report and Order Broadcasters, Inc.; Storer Broadcasting Com­ of § 73.699. Petitioners state that the herein), would be disposed of under the pany; Veterans Broadcasting Compari^Inc.; use of the Figure 9 curves for UHF is and American Broadcasting Stations, Inc., inappropriate because the field strength old overlap rules in effect prior to July et al. indications therein are too optimistic for 16, 1964. 2 As before, several parties urge that the UHF service. It is averred that the No­ 9. Some of the petitions for reconsid­ ad hoc approach be used for dealings with tice here, although not specifically so eration request that the policy expressed duopoly problems instead of the fixed ^stand­ stating, implied the use of the “Appendix in footnote 23 be changed so that the ards adopted in the new rules. Our reasons A” curves appearing in the Commission’s new rules will not be applicable to any for adopting fixed standards are stated in applications which were on file on June the Report and Order and are not repeated T.R.R. Report No. 2.4.16, dated October here. In addition to arguing for the ad hoc 22, 1956, in the calculation of Grade A 9, 1964, the release date of the Report approach, some petitions for reconsider­ contours for UHF stations in connection and Order. Another request asks that ation state that the fixed standard policy with the Grade A overlap rule which was they not apply to applications in hear­ of the new overlap rules is inconsistent with ing status with regard to which the rec­ the Commission’s recently adopted policy 3 In general, the standard used in theseord has been closed. (Memorandum Opinion and Order, FCC 64- situations will be that of area, as in our new 690, released July 8, 1964) in Docket Nos. AM assignment rules, rather than the much 10. In reaching our May decision in 14895 and 15233 under which, pending the more complicated criterion of population. this matter, we considered the question outcome of the proceedings therein, we de­ Such a standard will fulfill our objective of whether or not the new rules should cided that we would treat on an ad hoc basis of keeping commonly owned or controlled be applied to all applications, including the question of imposing conditions on stations a reasonable distance apart. How­ applications for microwave facilities in­ ever, there may be situations where, with those previously filed, or only to appli­ tended to serve CATV systems located be­ no increase in area, the “overlap” popula­ cations tendered in the future. Obvi­ tween the Grade A and Grade B contours tion would be increased by such an amount ously, the adoption of any over-all rule of local television stations. The duopoly that the change in facilities would not be more strict than previous rules may ad­ and the CATV situations involve dissimilar in the public interest. In these situations considerations, and therefore there is no in­ the Commission must reserve the power to versely affect applications filed under the consistency in our policies with regard to deny the application, and the new rules so earlier rules, and assertions of equitable them. provide.- claims in such cases are frequently made, 13898 RULES AND REGULATIONS

as they have been here/ But any “equi-' overlap is the only factor of importance 15. The foregoing principle is appro­ ties” must be secondary to the public in­ in deciding overlap problems, regardless priate as a general policy. However, con­ terest. As we emphasized in the Report of the existence of numerous particulars sideration of another factor moves us to and Order, we regard the adoption of that formerly were given consideration relax that position insofar as major fixed standards concerning duopoly to under an ad hoc approach. Hence, it is changes in existing UHF stations are be a matter of great importance in the stated, to grant a waiver based on special concerned. In the j oint petition of Amer­ public interest. Ad hoc determinations circumstances arising out of particular ican Broadcasting Stations, Inc., et al. hitherto made have not resulted in a sat­ facts would be to deny the validity of the it is urged that prohibition of Grade B isfactory pattern of administration. premise underlying the new rule; and overlap involving UHF stations would in­ Therefore, we decided that, while dives­ waivers, therefore, cannot be expected hibit the full development of UHF tele­ titure of existing facilities would not be to be granted. This does not follow. vision, contrary to the expressed policy required, pending applications as well as In adopting a fixed rule, we did so for the and past actions of the Commission. future applications would be governed reasons stated in the Report and Order Petitioners point out that to foster UHF by the new rules. Later, as mentioned, which led us to the conclusion that such television, the Commission has, among we made an exception in hearing cases a rule would be in the public interest. other things, adopted measures relax­ where the parties and the Hearing Ex­ But we did not and do not now deny the ing certain technical requirements for aminer had been through the burden of existence of other factors that could be UHF stations.6 In addition, petitioners hearing and the Hearing Examiner had of importance in duopoly situations, and mention that in a number of cases UHF prepared his Initial Decision. This we it certainly does not follow that adoption stations have facilities which could and believe to be a reasonable balance under of the fixed rule forever forecloses giving should be changed to improve coverage the circumstances, and we affirm our de­ consideration to the existence of special and competitive position, and that many cisions in this respect. circumstances if waivers are requested.5 of these stations contemplated future W aivers improvement when originally authorized Major Changes in Existing F acilities under the then existing rules. They thus 11. Many comments in this proceeding 14. In paragraph 23 of the Report andargue that the Grade B overlap standard urged that the nature of the overlap Order we stated that the new overlap works against the development of UHF problem is such that it needed to be rules would apply to applications for not only with regard to new stations, but treated on an ad hoc basis, as in the major changes in existing facilities as with regard to existing stations, and past, rather than on the basis of a fixed well as for new facilities. Several peti­ would favor a relaxation of the new rules rule of the type adopted herein. In dis­ tioners urge that the new rules, effective in both types of situation. With regard cussing this matter in the Report and July 16, 1964, should not apply to appli­ to new UHF stations, we believe that Order (footnote 12), we pointed out that cations for major changes of facilities while it is conceivable that a relaxation the adoption of a fixed rule did not mean of stations which were in existence prior of the duopoly rules might hasten UHF that all flexibility is lost. We referred to to July 16 (“older” stations), but only to development to a limited extent, it would the fact that the Commission continues major changes of stations authorized on be at the expense of diversity of pro­ to have the duty to make the ‘‘ultimate or after that date. They argue that, as gramming and desired competition. On judgment whether the grant of a license now applicable, the rules would effectively balance, we believe the loss in diversity would serve the ‘public interest, conven­ “freeze” some of the “older” stations in would outweigh the speculative and ience, or necessity.’ ” N.B.C. v. U.S., 319 their present facilities. As some of these limited gains which may be achieved U.S. 190, 225 (1943). And, citing UJS. v. petitioners point out, the reason given in in UHF development. In this connection, Storer Broadcasting Co., 351 U.S. 192 paragraph 23 for applying the new rules it must be borne in mind that we hope (1956), we stated that a request for to applications for major changes as well that ultimately UHF stations will exist in waiver of the new rule which showed on as to applications for new stations—to large numbers. It would not be appro­ its face that application of the rule would prevent an applicant from getting a priate to relax our standards for what be inappropriate would be entitled to a grant of facilities with intentionally will be a very large portion of the tele­ hearing. limited service area to avoid overlap and vision service. 12. Several parties in their petitions then applying later for increased facili­ 16. However, with regard to UHF sta­ for reconsideration refer to the matter ties which would involve it—applies to tions now in existence, there are addi­ of waivers. Their arguments go in two stations authorized in the future more tional considerations. As pointed out directions. On the one hand it is stated than to existing stations. However, this by this petitioner, a number of these sta­ that the hoped-for efficiency and defi­ is not the only reason for our decision tions filed originally for relatively limited niteness of the approach of the fixed on this aspect of the matter. Clearly, facilities, hoping to expand later as the rule will not in fact materialize because overlap resulting from increases in facil­ economics of this service warranted. requests for waiver will be entitled to a ities is just the same, and has the same Many UHF operations have lost substan­ hearing and it is likely that duopoly undesirable effects, as overlap from grant tial sums during the lean early days of hearings will continue to be held in the of new stations. Therefore, while we UHF. In our view, it would not be ap­ future although in the context of re­ recognize (as mentioned before) that propriate to adopt, as to existing UHF quests for waiver. On the other hand, it some “older” stations may have to con­ stations, rules stricter than those under is averred that the fixed rule is likely to tinue with relatively limited facilities, in which they applied originally. More­ be administered so strictly that it will be our view it is appropriate to apply the over, to deny such stations the opportu­ an absolute rule with no waivers granted new rules to applications for increases nity to improve service by new, stricter and no flexibility whatsoever, contrary to in facilities, whether for stations now duopoly rules might tend to keep them the NJB.C. and Storer cases. existing or for stations authorized in the in an inferior position competitively, thus 13. We cannot agree with either future, except for now-existing UHF sta­ thwarting the developments we have of these arguments. Concerning the tions as discussed below. otherwise tried to encourage. Such former, it may be pointed out that under denial could conceivably lead to a sta­ the Storer case not all requests for B Storer, in its petition for reconsideration tion’s demise, thus lessening diversity waiver must be granted a hearing. makes an additional argument in support of and competition which it is the purpose Only those which set forth reasons, suf­ the view that the fixed rules wiU be treated ficient if true, to justify a waiver need as absolutes in violation of the N.B.O. and 6 Second Report and Order, Docket No. be accorded such treatment. Thus no Storer decisions. It states that in a case 14229, FCC 63-300, released April 2, 1963; plethora of waiver hearings is to' be ex­ wherein it requested a waiver of the concen­ Memorandum Opinion and Order, Docket No. pected. With regard to the latter argu­ tration of control portion of the multiple 14229, FCC 63-300, released April 2, 1963; ownership rules concerning television sta­ In addition, we have taken other steps to­ ment, it is said that the new fixed rule tions, the Commission required an impossible ward this end, which include urging the is premised on the theory that contour burden of proof in support of a waiver re­ passage of the all-channel receiver law, quest. Storer Broadcasting Company, FCC adopting and implementing rules, and au­ * Some of the petitions urging such claims 56-1133, 14 Pike & Fischer, B £ . 742 (1956). thorizing the formation of an industry ad­ mention particular situations which were The simple answer to this argument, as a visory committee—the Committee for the later covered by our Public Notice concerning reading of the case will show, is that the bur­ Full Development of All-Channel Broadcast­ hearing cases in which an Initial Décision den was not Impossible but merely had not ing—for the purpose of expediting the ex­ had been reached. been met. pansion of UHF television service. Thursday, October 8, 1964 FEDERAL REGISTER 13899 of these rules to achieve. The number of studios and locally originated program­ ment rules which became effective July UHF stations now authorized is not large ming. However, if a satellite has Grade 16, 1964, the usual thirty-day effective enough that overlap occurring from this B overlap with a commonly owned non­ date provisions of section 4 of the Admin­ source would substantially impinge on satellite parent station and the satellite istrative Procedure Act are inapplicable. over-all diversity of programming and achieves a position in which the amount 23. It is further ordered, That the pe­ opportunity for competition. There­ of locally originating programming is titions for reconsideration mentioned in fore, as to major changes of UHF stations such that the station is no longer a footnote 1 of this document are denied, authorized as of September 30, 1964, satellite, the rules prohibiting transfer except for that filed by Columbia Broad­ which would result in Grade B overlap or assignment of commonly owned sta­ casting System, Inc., which is granted, * with a commonly owned, operated, or tions with Grade B overlap to- a single and the Joint Petition for Reconsidera­ controlled television station, the two sta­ person, group, or entity will apply. tion by the Commission filed by Amer­ tions having been under common owner­ 20. As mentioned, satellites involve a ican Broadcasting Stations, Inc., et al, ship, operation, or control as of Septem­ deviation from general Commission pol­ which is granted insofar as it is consist­ ber 30, 1964, the new Grade B standard icy with respect to local programming, ent with the action taken herein and will not apply. Section 73.636 set forth as well as to overlap. We shall require which in other respects is denied. below is amended accordingly. As stated all applicants proposing such operations 24. It is further ordered, That the peti­ therein, applications of such stations for to make a showing as to why the satel­ tions for stay mentioned in footnote 1 of major changes will be considered on a lite form of operation is necessary for this document are dismissed. case by case basis. the community for which they are apply­ 25. Authority for the adoption of the amendments to the rules herein is con­ Satellite Television Operations ing. Our decision will depend on the facts of each case; but in general satel­ tained in sections 4 (i) and (j), 303, 17. The new rules do not apply to tele­ lite grants will be made only in com­ 307(b), and 405 of the Communications vision stations which are primarily munities having no local television sta­ Act of 1934, as amended. “satellite” operations. The Report and tion. We have deviated from this prin­ (Secs. 4, 303, 307, 405, 48 Stat. 1066, as Order and the new Note 4 to § 73.636 state ciple in some past situations, but it does amended, 1082, as amended, 1083, and 1095, that such operations will be examined on not appear equitable or in the public as amended; 47 U.S.C. 154, 303, 307, 405) a case by case basis to determine whether interest to relax our policies and rules a station is or is not primarily a satellite, for one station when its competitor in Adopted: September 30, 1964. and whether overlap with a commonly the same town is held to a higher stand­ Released: October 5, 1964. owned station exists to a degree contrary ard and when the community appears to the public interest. On further con­ F ederal -Communications able to support a full-scale operation. Commission,8 sideration of this matter, we believe that Any extension of this principle (for ex­ some discussion and elaboration of the [seal3 Ben F. Waple, ample, when there is an existing regular Secretary. satellite concept is in order. station in a nearby community) will be 18. A satellite station is one operating determined in individual situations. As 1. Section 73.35 of the Commission on a channel specified in the television mentioned in the Report and Order, rules is amended by adding the word “or” Table of Assignments and meeting all of where Grade B overlap would exist, con­ at the end of paragraph (a) which fol­ the technical requirements of our rules, sideration will also be given in each case lows the introductory text and by chang­ but one which usually originates no local to whether the degree of overlap with a ing the second sentence of Note 3 and programming and which may, and often commonly owned station is such as to be adding parenthetical material following does, involve overlap with a commonly inconsistent with the public interest. that sentence so that paragraph (a) and owned “parent” station to a degree which Also, when the matter arises, individual Note 3 will read as follows: would not be consistent with the duopoly consideration will be given to the ques­ § 73.35 Multiple ownership. rules. It rebroadcasts the programming tion of whether a station is “primarily a of the parent station, usually a station satellite.” * * * * * under the same ownership in the same Other Matters (a) Such party directly or indirectly region. Such stations have been author­ owns, operates, or controls one or more ized, since 1954, on the basis of relaxa­ 21. The petitions for stay filed herein standard broadcast stations and the tion of our policies concerning local pro­ request that the effective date of the new grant of such license will result in any gram origination and, if necessary, duopoly rules be extended until (1) the overlap of the predicted or measured 1 waiver of § 73.636 as to overlap. The conclusion of Commission action on peti­ mv/m groundwave contours of the exist­ purpose has been to bring television serv­ tions for reconsideration, or (2) until ing and proposed stations, computed in ice to small communities and sparsely conclusion of court appeals. With re­ accordance with § 73.183 or § 73.186; or gard to the former request, it is now moot settled areas where there is insufficient ***** economic basis for a full-scale television inasmuch as our action today disposes of the petitions for reconsideration.1 As to Note: Paragraph (a) of this section will operation. It has been our hope—ful­ not be applied so as to require divestiture, filled in many instances—that satellite the second request, we regard it as pre­ by any licensee, of existing facilities. Para­ stations would develop with time into mature. The appropriate time for filing graph (a) will apply to applicants for new more nearly full-scale operation, with of such a request for stay is on or after stations, assignments of licenses, transfers of local studios and local program origina­ the date of filing of a court appeal. No control (except those applications for assign­ tion. such appeal has been filed. ment of license or transfer of control listed 19. We have no doubt that it is in the 22. In view of the foregoing: It is or­ in § 1.540(b) of this chapter), and major public interest to authorize satellite tele­ dered, That effective October 12, 1964, changes in existing stations except major vision stations. Nor do we doubt the Part 73 of the Commission rules and reg­ ehanges that will result in overlap no greater wisdom of exempting them from the ulations is amended as set forth below. in area than that already existing. (The duopoly rule as we have done, in the in­ Because these amendments relieve a re­ resulting overlap areas in such major change terest of promoting service to the kind of striction, because they are partly edi­ cases may consist partly or entirely of new areas they are intended to accommodate. torial in nature, and because it is in the terrain. However, if the population in the In addition, we are of the opinion that public interest that they become effective resulting overlap areas substantially exceeds satellites which ultimately achieve a fi­ as soon as possible in order to comple- that in the previously existing overlap areas, nancial base that permits them to orig­ the Commission will not grant the applica­ inate local programming should be per­ 7 We note, however, that prior to thetion if it finds that to do so would be against mitted to do so. Otherwise, local August recess, in view of the fact that our the public interest, convenience, and neces­ reconsideration was not then complete, and sity.) Commonly owned stations with over­ programming would be kept off the air so that no hardship would be worked on any lapping contours prohibited by paragraph contrary to the public interest. Accord­ party and the normal processes of the Com­ (a) of this section may not be transferred ingly, Note 4 to § 73.636 is amended to mission would not be disrupted, dismissing or assigned to a single person, group, or state specifically that a satellite televi­ of applications not conforming with the new entity. Paragraph (a) of this section wiU not sion station having Grade B overlap with rules was suspended by the Commission on a commonly owned non-satellite parent its own motion. That suspension has con­ 8 Concurring statement of Commissioner television station may subsequently be­ tinued to and terminates as of the present Lee in which Commissioner Hyde "concurs come a non-satellite station with local date. filed as part of the original document. No. 197----- 5 13900 RULES AND REGULATIONS

be applied to Class IV stations requesting broadcast stations, except changes that will November 14 through November 22,1964, power increases. result in overlap no greater in area than inclusive. * * * * * that already existing. (The restating over­ lap areas in such major change cases may (2) The open season for hunting rab­ 2. Section 73.240 of the Commission consist partly or entirely of new terrain. bits on the refuge extends from Novem­ rules is amended by adding the word However, if the population in the resulting ber 14 through December 30,1964, inclu­ “or” at the end of subparagraph (1) of overlap areas substantially exceeds that in sive. paragraph (a) and by changing the sec­ the previously existing overlap areas, the The provisions of this special regula­ ond sentence of Note 3 and adding paren­ Commission will not grant the application tion supplement the regulations which if it finds that to do so would be against thetical material following that sentence the public interest, convenience, and neces­ government hunting on wildlife refuge so that subparagraph (1) of paragraph sity.) Commonly owned stations with over­ areas generally which are set forth in (a), and Note 3 will read as follows: lapping contours prohibited by paragraph Title 50, Code of Federal Regulations, § 73.240 Multiple ownership. (a )(1 ) of this section may not be transferred Part 32, and are effective through De­ or assigned to a single person, group, or cember 30, 1964. (a) * * * entity. (1) Such party direetly or indirectly Note 4: Paragraph (a)(1) of this section J ohn C. Gatlin, owns, operates, or Controls one or more will not be applied to television stations Regional Director, which are primarily “satellite” operations. Albuquerque, New Mexico. FM broadcast stations and the grant of Television “satellite” operations will be con­ such license will result in any overlap of sidered on a case by case basis in order to September 28, 1964. the predicted 1 mv/m contours of the determine whether such overlap exists with [F.R. Doc. 64-10241; Filed, Oct. 7, 1964; existing and proposed stations, computed a commonly owned, operated, or controlled 8:48 a.m.] in accordance with § 73.313; or station as to be against the public interest. * * * * * Whether or not a particular station which does not present a substantial amount of PART 32— HUNTING Note 3: Paragraph (a)(1) of this section locally originated programming is primarily will not be applied so as to require divesti­ a satellite operation will be determined on Deer Flat National Wildlife Refuge, ture, by any licensee, of existing facilities. the facts of the particular case. An author­ Paragraph (a)(1) will apply to applicants ized and operating “satellite” television sta­ Idaho; Correction for new stations, assignments of licenses, tion the Grade B contour of which overlaps transfers of control (except those applica­ In F.R. Doc. 64-9207, appearing on that of a commonly owned, operated, or con­ page 12828 of the issue for Friday, tions for assignment of license or transfer trolled “non-satellite” parent television sta­ of control listed in § 1.540(b) of this chap­ tion may subsequently become a “non­ September 11, 1964, paragraph 1 should ter), and major changes in existing stations satellite” station with local studios and read as follows: except major changes that will result in locally originated programming. However, The public hunting of ducks, coots, and overlap no greater in area than that already such commonly owned “non-satellite” sta­ existing. (The resulting overlap areas in tions with Grade B overlap may not "be gallinules on the Deer Flat National such major change cases may consist partly transferred or assigned to a single person, Wildlife Refuge, Idaho, is permitted from or entirely of new terrain. However, if the group, or entity. October 10, 1964 through January 24, population in the resulting overlap areas 1965, inclusive, but only on the area substantially exceeds that in the previously ***** designated by signs as open to hunting. existing overlap areas, the Commission wiU not grant the application if it finds that to [PJB. Doc. 64-10260; Filed, Oct. 7, 1964; In addition, the hunting of geese is per­ do so would be against the public interest, 8:49 a.m.] mitted on the Snake River Islands Unit. convenience, and necessity.) Commonly This open area, comprising 4,000 acres, owned stations with overlapping contours is delineated on maps available at refuge prohibited by paragraph (a) (1 ) of this sec­ headquarters, Nampa, Idaho, and from tion may not be transferred or assigned to Title 50— WILDLIFE AND the Regional Director, Bureau of Sport a single person, group, or entity. Fisheries and Wildlife; 1002 Northeast * * * * * FISHERIES Holladay, Portland 8, Oreg. Hunting 3. Section 73.636 of the Commission shall be in accordance with all applicable rules is amended by adding the word “or” Chapter I— Bureau of Sport Fisheries State and Federal regulations subject to at the end of subparagraph (1) of para­ and Wildlife, Fish and Wildlife the following special conditions: graph (a), and by changing Note 3 and Service, Department of the Interior P a u l Q u i c k , Note 4 to read as follows: PART 32— HUNTING Regional Director, § 73.636 Multiple ownership. Portland, Oregon. Monte Vista National Wildlife Refuge, (a) * * * S eptember. 28, 1964. (1) Such party directly or indirectly Colorado [F.R. Doc. 64-10243; Filed, Oct. -7, 1964; owns, operates, or controls one or more The following special regulation is is­ 8:48 a a ] television broadcast stations and the sued and is effective on date of publica­ grant of such license will result in over­ tion in the F ederal R egister. PART 32— HUNTING lap of the Grade B contours of the exist­ § 32.22 Special regulations; upland Kirwin National Wildlife Refuge, ing and proposed stations, computed in game; for individual wildlife refuge accordance with § 73.684; or areas. Kansas * * * 4c * Colorado The following special regulation is is­ Note 3: Paragraph (a)(1) of this section MONTE VISTA NATIONAL WILDLIFE REFUGE sued and is effective on date of publi­ wiU not be applied so as to require divesti­ cation,in the F ederal R egister. ture, by any licensee, of existing facilities. The public hunting of pheasants and Paragraph (a) (1) will apply to applicants rabbits on the Monte Vista National § 32.22 Special regulations; upland for new stations, assignments of licenses, Wildlife Refuge, Colorado, is permitted game; for individual wildlife refuge and transfers of control (except those appli­ only on the area designated by signs as areas. cations for assignment of license or transfer K ansas of control listed in § 1.540(b) of this chap­ open to hunting. This open area, com­ ter). Paragraph (a)(1) will not be applied prising 5,314 acres, is delineated on maps KIRWIN NATIONAL WILDLIFE REFUGE to major changes in UHF television broad­ available at refuge headquarters, Monte cast stations authorized as of September 30, Vista, Colorado, and from the Regional The public hunting of pheasants, quail 1964, which will result in Grade B overlap Director, Bureau of Sport Fisheries and and cottontail rabbits on the Kirwin with another television broadcast station Wildlife, P.O. Box 1306, Albuquerque, National Wildlife Refuge, Kansas, is per­ that was commonly owned, operated, or New Mexico, 87103. Hunting shall be in mitted only on the area designated by controlled as of September 30, 1964. Such accordance with all applicable State reg­ signs as open to hunting. This open major changes will be considered on a case area, comprising 1,890 acres, is delineated by case basis to determine whether such ulations governing the hunting of pheas­ on maps available at refuge headquar­ overlap exists with a commonly owned, oper­ ants and rabbits subject to the following ters, 5 miles southwest of Kirwin, Kan­ ated, or controlled station as to be against special conditions: sas, and from the Regional Director, the public interest. Paragraph (a) (1) will (1) The open season for hunting Bureau of Sport Fisheries and Wildlife, apply to major changes in other television pheasants on the refuge extends-from P.O. Box 1306, Albuquerque, New Mexico, Thursday, October 8, 1964 FEDERAL REGISTER 13901

87103. Hunting shall be in accordance govern hunting on wildlife refuge areas life Refuge, California; is permitted only with all applicable State regulations gov­ generally, which are set forth in Title 50, on the area designated by signs as open erning the hunting of pheasants, quail Code of Federal Regulations, Part 32, to hunting. This open area, comprising and cottontail rabbits subject to the and are effective through January 31, 1,160 acres, is delineated on maps avail­ following special conditions: 1965. able at refuge headquarters and from the (1> The open season for hunting P aul T . Quick, Regional Director, Bureau of Sport Fish­ pheasants on the refuge extends from Regional Director, eries and Wildlife, 1002 Northeast Holla- November 14 through December 27,1964, Portland, Oregon. day, Portland, Oregon, 97208. Hunting inclusive. shall be in accordance with all applicable (2) The open season for hunting quail S eptember 30, 1964. State and Federal regulations subject to on the refuge extends from November 21 [F.R. Doc; 64-10245; Filed, Oct. 7, 1964; the following special conditions: through December 6, inclusive, and De­ 8:48 am.] (1) Pheasants may be hunted only on cember 8, 10, 12, 13, 15, 17, 19, 20, 22, 24, the following days: November 21, 22, 25, 25, 26, 27, 29 and 31, 1964, and January 26, 28, 29 and December 2, 5 and 6,1964. 1, 2 and 3, 1965, inclusive. PART 32— HUNTING The provisions of this special regula­ (3) The open season for cottontail California; Colusa National Wildlife tion supplement the regulations which rabbits on the refuge shall be only on Refuge et al. govern hunting on wildlife refuge areas those days during the open season for generally, which are set forth in Title 50, the taking of pheasants and quail. The following special regulation is is­ Code of Federal Regulations, Part 32, (4) Shooting hours shall be from sun­ sued and is effective on date of publica­ and are effective through December 6, rise to sunset. tion in the F ederal R egister. 1964. The provisions of this special regula­ § 32.22 Special regulations; upland SACRAMENTO NATIONAL WILDLIFE REFUGE tion supplement the regulations which game; for individual wildlife refuge govern hunting on wildlife refuge areas areas. The public hunting of ring-necked generally which are set forth in Title 50, California pheasants on the Sacramento National Code of Federal Regulations, Part 32, Wildlife Refuge, California, is permitted and are effective through January 3, COLUSA NATIONAL WILDLIFE REFUGE only on the area designated by signs as 1965. The public hunting of ring-necked open to hunting. This open area, com­ J ohn C. Gatlin, pheasants on the Colusa National Wild­ prising 4,000 acres, is delineated on maps Regional Director, life Refuge, California, is permitted only availáble at refuge headquarters and Albuquerque, New Mexico. on the area designated by signs as open from the Regional Director, Bureau of Sport Fisheries a n d Wildlife, 1002 S eptember 28, 1964. to hunting. This open area, comprising 1,180 acres, is delineated on maps avail­ Northeast Holladay, Portland, Oregon, [F.R. Doc. 64-10244; Filed, Oct. 7, 1964; able at refuge headquarters and from 97208. Hunting shall be in accordance 8:48 a.m.] the Regional Director, Bureau of Sport with all applicable State and Federal Fisheries and Wildlife, 1002 Northeast regulations subject to the following special conditions: PART 32—-HUNTING Holladay, Portland, O r e g o n , 97208. Hunting shall be in accordance with all (1) Pheasants may be hunted only on Pahranagat National Wildlife Refuge, applicable State and Federal regulations the following days: November 21, 22, 25, Nevada subject to the following special condi­ 26, 28, 29 and December 2, 5 and 6, 1964. tions: The provisions of this special regula­ The following special regulation is is­ (1) Pheasants may be hunted only on tion supplement the regulations which sued and is effective on date of publica­ the following days: November 21, 22, 25, govern hunting on wildlife refuge areas tion in the F ederal R egister. 26, 28, 29 and December 2, 5 and 6, 1964. generally, which are set forth in Title 50, § 32.22 Special regulations; upland The provisions of this special regula­ Code of Federal Regulations, Part 32, game; for individual wildlife refuge tion supplement the regulations which and are effective through December 6, areas. govern hunting on wildlife refuge areas 1964, & N evada generally, which are set forth in Title 50, SUTTER NATIONAL WILDLIFE REFUGE Code of Federal Regulations, Part 32, and PAHRANAGAT NATIONAL WILDLIFE REFUGE are effective through December 6,1964. The public hunting of ring-necked The public hunting of ring-necked pheasants on the Sutter National Wild­ pheasants, quail, and cottontail rabbits DELEVAN NATIONAL WILDLIFE REFUGE life Refuge, California, is permitted only on the Pahranagat National Wildlife The public hunting of ring-necked on the area designated by signs as open Refuge, Nevada, is permitted only on pheasants on the Delevan National Wild­ to hunting. This open area, comprising the area designated by signs as open to life Refuge,X!alifornia, is permitted only 1,100 acres, is delineated on maps avail­ hunting. This open area, comprising on the area designated by signs as open able at refuge headquarters and from 1040 acres, is delineated on maps avail­ to hunting. This open area, comprising the Regional Director, Bureau of Sport able at refuge headquarters, Desert 2,200 acres, is delineated on maps avail­ Fisheries and Wildlife, 1002 North­ Game Range, 712 Vegas Drive, P.O. Box able at refuge headquarters and from the east Holladay, Portland, Oregon, 97208. 440, Las Vegas, Nevada, and from the Regional Director, Bureau of Sport Fish­ Hunting shall be in accordance with all Regional Director, Bureau of Sport Fish­ eries and Wildlife, 1002 Northeast Holla- applicable State and Federal regulations eries and Wildlife, 1002 Northeast Holla- day, Portland, Oregon, 97208. Hunting subject to the following special condi­ day, Portland, Oregon, 97203. shall be in accordance with all applicable tions: Hunting shall be in accordance with State and Federal regulations subject to (1) Pheasants may be hunted only on all applicable State regulations subject the following special conditions: the following days: November 21, 22, 25, to the following special conditions: (1) Pheasants may be hunted only on 26, 28, 29 and December 2, 5 and 6, 1964. (1) The open season for hunting the following days: November 21, 22, 25, The provisions of this special regula­ pheasants extends from November 1 26, 28, 29 and December 2, 5 and 6, 1964. tion supplement the regulations which through November 15, 1964. The open The provisions of this special regula­ govern hunting on wildlife refuge areas season for hunting quail extends from tion supplement the regulations which generally, which are set forth in Title November 1 through December 31, 1964. govern hunting on wildlife refuge areas 50, Code of Federal Regulations, Part 32, The open season for hunting cottontail generally, which are set forth in Title 50, and are effective through December 6, rabbits extends from October 1, 1964, Code of Federal Regulations, Part 32, 1964. through January 31, 1965. and are effective through December 6, P aul Quick, 1964. Regional Director, (2) Hunters will report at such check­ Portland, Oregon. ing stations as may be established when MERCED NATIONAL WILDLIFE REFUGE entering or leaving the area. S eptember 28, 1964. The provisions of this special regula­ The public hunting of ring-necked [F.R. Doc. 64-10253; Filed, Oct. 7, 1964; tion supplement the regulations which pheasants on the Merced National Wild­ 8:48 ajn.] § 256.2 Definitions. § 256.4 Applications. DEPARTMENT OF THE INTERIOR (a) Secretary. The Secretary of the Applications for a subsidy shall be Fish and Wildlife Service Interior or his authorized representative. made on forms prescribed by the Secre­ (b) Administrator. The Maritime tary and shall be filed with the Director, [ 50 CFR Part 256 1 Administrator in the Department of Bureau of Commercial Fisheries, Wash­ Commerce or his authorized repre­ ington, D.C. The applications must be FISHING VESSEL CONSTRUCTION DIF­ sentative. accompanied by three copies of the cross FERENTIAL SUBSIDY PROCEDURES (c) Person. Individual, association, section, deck arrangement, outboard pro­ Notice of Proposed Rule Making partnership or corporation, or any one file, and specifications of the proposed or all as the context requires. vessel. The Secretary may require such Notice is hereby given that pursuant (d) Fishery. A segment of the com­ additional complete detailed construc­ to the authority vested in the Secretary mercial fishing industry engaged in the tion plans as may be necessary after a of the Interior by the Act of June 12, catching of a single species or a group review of the application and accom­ 1960 (P.L. 86-516; 46 U.S.C. 1401-1413), of species of fish and shellfish. To be panying plans and specifications. as amended, it is proposed to revise 50 considered as operating in a fishery, the CFR Part 256 as set forth below. The catch of species in that fishery must § 256.5 Notice and hearing. purpose of the revision is to incorporate amount to at least fifty-one percent After receipt of an application eligible those changes necessitated by the enact­ (51%) (at the option of the owner by on its face for a construction differential ment of the United States Pishing Fleet ex-vessel weight or ex-vessel value) of subsidy the Secretary will publish a No­ Improvement Act ( P i. 88-498) which the total catch of the vessel during the tice of Hearing on a Subsidy Application was approved on August 30, 1964. This calendar year. in the F ederal R egister and hold hear­ Act amended the Act of June 12,1960, by (e) Expanded areas. Fishing grounds ings in accordance therewith. The pur­ extending the date for receipt of applica­ not usually fished by the majority of the pose of the hearing will be to provide tions and changed the eligibility require­ vessels operating in the fishery for which' any person who feels he will be eco­ ments as well as increasing the maxi­ the proposed vessel is designed. nomically injured by the construction mum amount of the subsidy which can (f) Newly developed gear. The most of the proposed vessel to cross-examine be paid. Due to the numerous changes modern gear available that is suitable for witnesses and/or present evidence that being proposed, the procedures will be use in the fishery for which the proposed the operation of such vessel will cause more readily understood if the entire vessel is designed. economic hardship to efficient vessel op­ erators already operating in the fishery part is revised. § 256.3 Eligibility requirements. This proposed regulation relates to for which the vessel is designed. Hear­ matters which are exempt from the rule fa) Vessel will be of advance design: ing procedures will be held in accord­ In order to be considered to be of advance ance with Part 257 of this subchapter. making requirements of the Administra­ design, the vessel must be designed to § 256.6 Subsidy contract. tive Procedure Act (5 U.S.C. 1003); how­ have significant advantages in utility and ever, it is the policy of the Department efficiency over a significant number of (a) A contract for the payment of the of the Interior that, whenever practica­ vessels engaged in the fishery in which subsidy will take effect when all con­ ble, the rule making requirements be the proposed vessel is designed to tracts between the applicant for such observed voluntarily. Accordingly, in­ operate. subsidy and the shipbuilder, who is to terested persons may submit in triplicate (b) No economic hardship to efficient construct such vessel, have been ap­ written comments, suggestions, or ob­ vessel operators: The determination that proved by the Administrator and the operation of a proposed vessel will not subsidy contract has been signed by the jections with respect to the proposed Secretary and the applicant; and amendments to the Director, Bureau of cause economic hardship to efficient ves­ sel operators already operating in that (b) The contract shall contain a find­ Commercial Fisheries, Department of the fishery shall be made by the Secretary ing of the useful life of the vessel as Interior, Washington, D.C., 20240, within after notice and hearing, taking into determined by the Secretary to be used 30 days of the date of publication of consideration the condition of the re­ in computing the amount of the total this notice in the F ederal R egister. source, the efficiency of the vessels and depreciated construction subsidy to be Part 256 reads as follows: gear being operated in that fishery com­ repaid to the Secretary in accordance Sec. pared with the proposed vessel, the pros­ with section 9 of the Act. 256.1 Basis and purpose. pects of the market for the species § 256.7 Vessel operations. caught, and the degree and duration of 256.2 Definitions. (a) If the owner of a fishing vessel 256.3 Eligibility requirements. any anticipated economic hardship. (c) Aid in the development of the constructed with the aid of a subsidy 256.4 Applications. desires to operate it in a different fishery 256.5 Notice and hearing.. United States fisheries : For the vessel to 256.6 Subsidy contract:- aid in the development of the United than the one for which it was designed 256.7 Vessel operations. States fisheries under conditions that the because of an actual decline in that par­ 256.8 Penalties. Secretary considers to be in the public ticular fishery, he shall submit an ap­ 256.9 Inspection of vessels. interest, the vessel must be a modern plication to the Secretary for permission 256.10 Payment of subsidy. vessel which will upgrade the fleet. to transfer the operations of the vessel Special consideration will be given to to a different fishery. The application Authority: The provisions of this Part 256 shall contain data showing the decline issued under sec. 10, P.L. 86-516, as amended. vessels which will provide a significant contribution in helping the domestic in the fishery for which the vessel was § 256.1 Basis and purpose. designed, how this decline is making the fishery meet foreign competition. operation of the vessel uneconomical or (a) The Act of June 12,1960 (P.L. 86- (d) The applicant possesses the abil­ less economical, and why the transfer 516), as amended and hereinafter re­ ity, experience, resources and other will not cause economic hardship or in­ qualifications necessary to enable him to jury to efficient vessel operators already ferred to as the Act, authorizes the Sec­ operate and maintain the proposed new retary of the Interior to pay a subsidy fishing vessel. In making this deter­ operating in the fishery to which he for the construction of fishing vessels in mination, the Secretary will inquire into wishes to transfer operations. shipyards of the United States. the economic feasibility of the fishing (b) Upon receipt of such an applica­ (b) The purpose of this part is to pre­ venture and will require reasonable as­ tion the Secretary will publish a Notice scribe rules and regulations governing surance that the applicant can operate of Hearing on an Application to Change the payment of these subsidies. the vessel profitably. Fishery in the F ederal R egister and 13902 Thursday, October 8, 1964 FEDERAL REGISTER 13903 hold hearings in accordance therewith. livery arrangements provided by sub- the same date at the same place. Fol­ The purpose of the hearings will be to paragraph (4) of this paragraph are for lowing this hearing Industry Commit­ provide any person who feels he will be use by publishers who desire to mail tees Nos. 69—A, 69—B, and 69-C shall economically injured by said transfer of copies at post offices located near the meet seriatim at the same place at hours fishing operations an opportunity to office of original entry.” designated by the committee chairman cross-examine witnesses and/or present to conduct their investigations and to evidence that such a transfer of opera­ hold their hearings. tions will cause economic hardship or Each industry committee shall recom­ injury to efficient vessel operators' al­ DEPARTMENT OF LABOR mend to the Administrator of the Wage ready operating in the fishery to which Wage and Hour Division and Hour and Public Contracts Divisions the vessel’s operations would be trans­ of this Department the highest minimum ferred. Hearing procedures will be held [ 29 CFR, Parts 610, 612, 614, 615 1 wage rates (in the case of question (1) in accordance with Part 257 of this [Administrative Order No. 586] referred to the committee, not exceeding subchapter. the minimum wage rate of $1.25 per § 256.8 Penalties. INDUSTRY COMMITTEES FOR VARI­ hour, and in the case of question (2) re­ OUS INDUSTRIES IN PUERTO RICO ferred to the committee, not exceeding In case the Secretary shall find that the minimum wage rate of $1.15 per a vessel has operated contrary to the Appointment To Investigate Condi­ hour for immediate effect and $1.25 per provisions of the Act or of regulations tions and Recommend Minimum hour for effect on and after September 3, issued thereunder, he shall immediately Wages; Notice of Hearings 1965, and in no case less than the cur­ notify the owner in writing of the spe­ rently effective rate) which it deter­ cific acts involved and the amount of the Pursuant to section 5 of the Pair Labor mines, having due regard to economic penalty. The vessel owner may appeal Standards Act, of 1938 (29 U.S.C. 205), and competitive conditions, will not sub­ such a finding to the Secretary in writ­ Reorganization Plan No. 6 of 1950 (3 CFR stantially curtail employment in the in­ ing within 30 days of the date of mailing 1949-53 Comp., p. 1004), and 29 CFR dustry and will not give any industry in such finding to the last known address Part 511,1 hereby appoint Industry Com­ Puerto Rico a competitive advantage of the vessel owner. The amount of mittee No. 69-D for the men’s and boys’ over any industry in the United States penalty assessed in any one year shall be clothing and related products industry outside of Puerto Rico, the Virgin equal to the total subsidy paid multiplied in Puerto Rico (as defined in 29 CFR Islands and American Samoa. by the ratio that one year bears to the 615.1) ; Industry Committee No. 69-A Whenever any industry committee total number of years determined, by the for the needlework and fabricated tex­ finds that a higher minimum wage may Secretary, as the useful life of the ves­ tile products industry in Puerto Rico (as be determined for employees engaged sel: Provided, however, That if this defined in 29 CFR 612.1); Industry Com­ in certain activities or in the manufac­ amount is not paid within 60 days after mittee No. 69-B for the corsets, bras­ ture of certain products in an industry receipt of notice then the amount due sieres, and allied garments industry in that may be determined for other em­ shall be the total amount of the subsidy Puerto Rico (as defined in 29 CFR 614.1); ployees in that industry, the committee paid depreciated to the beginning of the and Industry Committee No. 69-C for the shall recommend such reasonable classi­ year in which the vessel operated unlaw­ children’s dress and related products in­ fications within that industry as it deter­ fully. Any amount due hereunder shall dustry in Puerto Rico (as defined in 29 mines to be necessary for the purpose of constitute a maritime lien against the CFR 610.1). fixing for each classification the highest vessel effective at the time the Secretary Pursuant to section 8 of the Fair Labor m inim um wage rate that can be deter­ determines that the vessel has operated Standards Act of 1938 (29 U.S.C. 208), mined for it under the principles set in violation of the Act or regulations. Reorganization Plan No. 6 of 1950 (3 CFR 1949-53 Comp., p. 1004), and 29 forth herein which will not give a com­ § 256.9 Inspection of vessels. petitive advantage to any group in the CFR Part 511, I hereby: industry. No classification shall be The Secretary or the Administrator (a) Convene each of the above-ap­ made, however, and no minimum wage shall have access at all times to all ves­ pointed industry committees; rate shall be fixed solely on a regional sels which are being constructed under (b) Refer to each of these industry basis or on the basis of age or sex. In a contract providing for a construction committees the following: (1) The ques­ determining whether there should be subsidy provided for by the Act. tion of the minimum rate or fates of wages to be fixed for the industry with classifications within an industry, in § 256.10 Payment o f subsidy. which it is concerned for employees who making such classifications, and in de- The subsidy will be paid to the appli­ are engaged in commerce or in the pro­ terming the minimum wage rates for cant after the vessel is completed and duction of goods for commerce, and (2) such classifications, each industry com­ evidence of full payment to the shipyard the question of the minimum rate or mittee shall consider, among other rele­ constructing the vessel is presented; or rates of wages to be fixed for any em­ vant factors, the following: (1) Competi­ jointly to the applicant and the shipyard ployees covered by the Act by reason of tive conditions as affected by transporta­ upon completion and delivery of the the Fair Labor Standards Amendments tion, living, and production costs; (2) vessel. of 1961; wages established for work of like or comparable character by collective labor R obert M. P aul, (c) Give notice of the hearing to be Deputy Assistant Secretary held by each of them at the times and agreements negotiated between employ­ of the Interior. places indicated below. Each industry ers and employees by representatives of their own choosing; and (3) wages paid October 2, 1964. committee shall investigate conditions in its industry, and each industry com­ for work of like or comparable character [F.R. Doc. 64-10252; Filed, Oct. 7, 1964; mittee, or any authorized subcommittee by employers who voluntarily maintain 8:48 am.] thereof, shall hear such witnesses and minimum wage standards in the indus­ receive such evidence as may be neces­ try. sary or appropriate to enable the The Administrator shall prepare eco­ committee to perform its duties and nomic reports for the industry commit­ POST OFFICE DEPARTMENT functions under the aforementioned Act. tees containing such data as he is able [ 39 CFR Part 22 1 Industry Committee No. 69-D shall to assemble pertinent to the matters re­ meet in executive session to commence ferred to them. Copies of each such re­ SECOND CLASS MAILING PRIVILEGES its investigation at 10:00 ajn. on Novem­ port may be obtained at the national and Puerto Rican offices of the United States Notice of Proposed Rule Making ber 30, 1964, in the office of the Wage and Hour and Public Contracts Divi- « Department of Labor as soon as they are Correction sions, United States Department of La­ completed and prior to the hearings. In P.R. Doc. 64-10161, published on bor, seventh floor, Condominio San Each industry committee shall take of­ page 13822 in the issue for Wednesday, Alberto Building, 1200 Ponce de Leon ficial notice of the facts stated in the October 7, 1964, the next to last sentence Avenue, Santurce, Puerto Rico, and shall economic reports to the extent that they of § 22.3(c) (3) should read: “The de­ commence its hearing at 1:30 p.m. on are not refuted at the hearings. 13904 PROPOSED RULE MAKING

The procedure of industry committees tained in this notice may be changed in tice in order to become part of the record shall be governed by 29 CFR, Part 511. the light of comments received. for consideration. The proposal con­ As a prerequisite to participation in the The public Docket will be available for tained in this notice may be changed' hearings, interested persons shall file examination by interested persons in the in the light of comments received. prehearing statements containing the office of the Regional Counsel, Federal The public Docket will be available for data specified in 29 CFR 511.8 not Aviation Agency, 4825 Troost Avenue, examination by interested persons in the later than November 20,1964. Kansas City, Mo„ 64110. office of the Regional Counsel, Federal Signed at Washington, D.C., this 2d This amendment is proposed under Aviation Agency, 4825 Troost Avenue, day of October 1964. the authority of section 307(a) of the Kansas City, Mo., 64110. Federal Aviation Act of 1958 (49 U.S.C. This amendment is proposed under the W. W illard Wirtz, 1348). authority of section 307(a) of the Fed­ Secretary of Labor. Issued at Kansas City, Mo., on Sep­ eral Aviation Act of 1958 (49 U.S.C. [F.R. Doc. 64-10266; Filed, Oct. 7, 1964; tember 29, 1964. 1348). 8:49 a.m.] Henry L. N ewman, Issued at Kansas City, Mo., on Sep­ Acting Director, Central Region. tember 29,1964. [F.R. Doc. 64-10209; Filed, Oct. 7, 1964; H enry L. N ewman, FEDERAL AVIATION AGENCY 8:45 a.m.] Acting Director, Central Region. [F.R. Doc. 64-10210; Filed, Oct. 7, 1964; [1 4 CFR Part 71 [New] 1 8:45 am.] [1 4 CFR Part 71 [New] ] [Airspace Docket No. 64-CE-57] [Airspace Docket No. 64-CE-58] CONTROL ZONE [14 CFR Part 71 [New] ] CONTROL ZONE Proposed Designation [Airspace Docket No. 63-SW—91] Proposed Designation The Federal Aviation Agency is consid­ CONTROL ZONE, TRANSITION AREA, ering an amendment to Part 71 [New! The Federal Aviation Agency is con­ AND CONTROL AREA EXTENSION of the Federal Aviation Regulations to sidering an amendment to Part 71 [New] designate a control zone at Decatur, of the Federal' Aviation Regulations to Proposed Alteration, Designation Illinois. designate controlled airspace at Alton, and Revocation Having completed a comprehensive re­ 111. The Federal Aviation Agency is con­ view of airspace requirements at Decatur, A Federal Aviation Agency Control sidering Amendments to Part 71 [New] Illinois, the Federal Aviation Agency Tower is planned for commissioning at of the Federal Aviation Regulations, proposes to establish a control zone at the Civic Memorial Airport, Alton, Illi­ which would alter the controlled airspace Decatur, Illinois. nois, during the spring of 1965. There in the Wichita Falls, Tex., terminal area. The proposed Decatur control zone is no control zone presently designated The following controlled airspace is would be designated to comprise that air­ at Alton, 111. presently designated in the Wichita space within a 5-mile radius of the The Federal Aviation Agency, having Falls, Tex., terminal area: Decatur Municipal Airport (latitude completed a comprehensive review of the 1. The Wichita Falls, Tex., control 39°50'03" N., longitude 88°52'52" W.) terminal airspace structural require­ zone is designated as that airspace and within 2 miles each side of the ments in the Alton terminal area, pro­ within a 5-mile radius of Sheppard Decatur VOR 351° radial extending from poses the following airspace action: AFB/Municipal Airport, Wichita Falls, the 5-mile radius zone south to the VOR Designate a control zone at Alton, Illi­ Tex.; within 2 miles either side of the from 0600 to 2200 hours local time daily. nois, to Comprise that airspace within a centerline of the SE/NW runway extend­ A Federal Aviation Agency control 5-mile radius of the Civic Memorial Air­ ing from the 5-mile radius zone to 10 tower is planned for commissioning at port (latitude 38°53'28" N., longitude miles SE of the Wichita Falls LOM, and the Decatur, Illinois, Municipal Airport 90°03'02" W.), and within 2 miles each within 2 miles either side of the Wichita during the spring of 1965. The proposed side of the 009° bearing from the Civic Falls VORTAC 286° radial extending control zone designation will become Memorial Airport extending from the 5- from the 5-mile radius zone to 10 miles effective concurrent with the commis­ mile radius zone to 7 miles N of the air­ W of the VORTAC. sioning of this tower. port, and within 2 miles each side of the 2. The Altus, Okla., control area ex­ Specific details of procedures and 103° bearing from the Civic Memorial tension is designated as that airspace minimum instrument flight rule altitudes Airport extending from the 5-mile ra­ bounded on the NE by V-17, on the SE that would be required may be examined dius zone to .8 miles east of the airport by V-77, on the S by V-102, on the W by contacting the Chief, Airspace from 0600 to 2200 hours, local time, daily. by V-14 from Lubbock, Tex., to Childress, Branch, Air Traffic Division, Central The Alton, 111., control zone will be­ Tex., and V-114, from Childress, Tex., Region, Federal Aviation Agency, 4825 come effective concurrently with the to Amarillo, Tex., and on the NW by Troost Avenue, Kansas City, Mo., 64110. commissioning of the Federal Aviation V-12 excluding the portion of this con­ Interested persons may submit such Agency Control Tower at Civic Memorial trol area extension which coincides with written data, views or arguments as they Airport. R-5601. may desire. Communications should be Interested persons may submit such 3. The Fort Worth,'Tex., control area submitted in triplicate to the Director, written data, views or arguments as they extension is designated as that airspace Central Region, Attn: Chief, Air Traffic may desire. Communications should be bounded on the NE, E and SE by V-163 Division, Federal Aviation Agency, 4825 submitted in triplicate to the Director, extending from the Oklahoma City, Troost Avenue, Kansas City, Mo., 64110. Central Region, Attn: Chief, Air Traffic Okla., 25-mile radius area to the Ard­ All communications received within Division, Federal Aviation Agency, 4825 more, Okla., VOR, and V-15 from the forty-five days after publication of this Troost Avenue, Kansas City, Mo., 64110. Ardmore VOR to the Waco, Tex., notice in the F ederal R egister will be All communications received within VORTAC, on the S and SW by V-17 from considered before action is taken on the forty-five days after publication of this the Waco VORTAC to its INT with V-94, proposed amendment. No public hear­ notice in the F ederal R egister will be thence via V-94 to the Abilene, Tex., 35- ing is contemplated at this time, but considered before action is taken on the mile radius area, on the W and NW by arrangements for informal conferences proposed amendment. No public hear­ V-77, and on the N by the Oklahoma City with Federal Aviation Agency officials ing is contemplated at this time, but 25-mile radius area. may be made by contacting the Regional arrangements for informal conferences 4. The Wichita Falls, Tex., control Air Traffic Division Chief. Any data, with Federal Aviation Agency officials area extension is designated as that air­ views or arguments presented during may be made by contacting the Regional space bounded on the NW by V-102 S such conferences must also be submitted Air Traffic Division Chief. Any data, alternate, on the E by V-77, and on the in writing in accordance with this notice views or arguments presented during S by V-278. in order to become part of the record such conferences must also be submitted 5. The Abilene, Tex., control area ex­ for consideration. The proposal con­ in writing in accordance with this no­ tension is designated as that airspace Thursday, October 8, 1964 FEDERAL REGISTER 13905 within a 35-mile radius of the Abilene 44'00” W.; to latitude 33°22'00” N., tacting the Chief, Air Traffic Division. VOR, the airspace N of Abilene bounded longitude 97°55'00” W.; to latitude 33°- Any data, views or arguments presented on the E by V-77, on the N by V-278 E 16'0O” N., longitude 98°30'00” W.; to during such conferences must also be of Guthrie, Tex., VOR and V-102 W of latitude 33°16'00” N., longitude 98“- submitted in writing in accordance with Guthrie VOR, on the SW by a line 5 51'00” W.; to latitude 33*02'00” N., this notice in order to become part of miles NE of the Lubbock VOR 101° and longitude 98°51'00” W.; to latitude 32“- the record for consideration. The pro­ the Abilene VOR 327° radials; the air­ 52'00” N., longitude 99°02'00” W.; to posal contained in this notice may be space NW of Abilene within 8 miles W latitude 32°52'00” N., longitude 99“- changed in the light of comments re­ of the Abilene VOR 344° radial extend­ 14'00” W.; to latitude 33“31'00” N., ceived. ing from the VOR to 46 miles NW; the longitude 99“14'00” W.; to latitude 33°- The official Docket will be available airspace SE, S and SW of Abilene 31'00” N„ longitude 99°49'00” W.; to for examination by interested persons bounded on the N by V-94, on the E by latitude 33°56'00” N., longitude 99°- at the Office of the Regional Counsel, V-163, on the S by V-76 N and on the 42'30” W.; to latitude 34°15'00” N., Southwest Region, Federal Aviation SW by V-76, excluding the portion that longitude 99°30'00” W.; to latitude 34*- Agency, Fort Worth, Texas. An informal coincides with the arc of a 35-mile radius 08'00” N., longitude 99“05'00” W.; to Docket will also be available for exam­ circle centered on the San Angelo, Tex., latitude 34°21'00” N., longitude 98“- ination at the Office, of the Chief, Air VOR and on the NW by V-66, and in­ 46'00” W.; to point of beginning. - Traffic Division. cluding the airspace W of Abilene within 3. Revoke the Wichita Falls control These amendments are proposed under 8 miles N and 12 miles S of the Abilene area extension. the authority of section 307(a) of the VOR 266° radial extending from the VOR The floors of the airways and the por­ Federal Aviation Act of 1958 (49 UJS.C. to the arc of a 35-mile radius circle cen­ tions of the Altus, Fort Worth and 1348). tered on the Big Spring, Tex., VOR. Abilene control area extensions that Issued in Fort Worth, Tex., on Sep­ The Federal Aviation Agency, having would traverse the transition area pro­ tember 30, 1964. completed a comprehensive review of the posed herein would automatically coin­ P. M. Swatek, terminal airspace structure requirements cide with the floor of the transition area. Acting Director, Southwest Region. in the Wichita Falls, Tex., terminal The revocation of the Altus, Forth Worth area, including studies attendant to the and Abilene control area extensions will [F.R. Doc. 64-10211; Filed, Oct. 7, 1964; implementation of the provisions of CAR be accomplished at a later date as a part 8:45 a.m.] Amendments 60-21/60-29, proposes the of the CAR Amendments 60-21/60-29 following airspace actions: program proposed for the terminal areas [1 4 CFR Part 71 [New] ] 1. Redesignate the Wichita Falls, Tex., which adjoin the Wichita Falls terminal control zone as that airspace within a area. [Airspace Docket No. 63-SW—113J 5-mile radius of Sheppard AFB/Munici- The proposed alteration to the Wichita CONTROL ZONES, TRANSITION pal Airport, Wichita Falls, Tex. (latitude Falls control zone would provide protec­ 33“58'55” N., longitude 98°29'35” W .); tion for aircraft executing prescribed AREAS, AND CONTROL AREA EX­ within 2 miles each side of the Wichita instrument approach and departure pro­ TENSION Falls VORTAC 092° radial extending cedures at the Sheppard AFB/Municipal Proposed Alteration, Designation from the 5-mile radius zone to the Airport. The proposed designation of VORTAC; within 2 miles each side of the the 1,200 foot floor portion of the Wichita and Revocation ILS localizer SE course extending from Falls transition area and the revocation The Federal Aviation Agency is con­ the 5-mile radius zone to the OM; within of the Wichita Falls control area exten­ sidering amendments to Part 71 [New] 2 miles each side of the Sheppard TACAN sion would raise the floor of controlled of the Federal Aviation Regulations, 333* radial extending from the 5-mile airspace from 700 to 1,200 feet above the which would alter the controlled air­ radius zone to 7.5 miles N of the TACAN, surface beyond the immediate vicinity of space in the Brownsville, Tex., terminal and within 2 miles each side of the the Wichita Valley and the Sheppard area. Sheppard TACAN 163° radial extend­ AFB/Municipal Airports, yet sufficient The following controlled airspace is ing from the 5-mile radius zone to 7 controlled airspace would be retained to presently designated in the Brownsville, miles S of the TACAN. provide protection for aircraft executing Tex., terminal area: 2. Designate the Wichita Falls, Tex., prescribed instrument holding, arrival 1. The Brownsville, Tex., control zone transition area as that airspace extend­ and departure procedures within the is designated as that airspace within a ing upward from 700 feet above the sur­ Wichita Falls terminal area. 5-mile radius of Rio Grande Valley In­ face within the area bounded by a line Certain minor revisions to prescribed ternational Airport, Brownsville, Tex. beginning at latitude 34“11'30" N., longi­ instrument procedures would be effected (latitude 25°54'25” N., longitude 97°25'- tude 98°38'00'' W.; to latitude 34“07'30” in conjunction with the actions proposed 25" W .); within 2 miles either side of the N., longitude 98°25'30" W.; to latitude herein, but operational complexity would 343° bearing from the Brownsville RBn 33°50'30” N„ longitude 98*13/38" W.; not be increased nor would aircraft per­ extending from the 5-mile radius zone to latitude 33°46'00” N., longitude 98“- formance characteristics or established to 8 miles NW of the RBn, and within 14'00” W.; to latitude 33°43'00;; N., landing mínimums be adversely affected. 2 miles either side of the Brownsville longitude 98°27'30" W.; to latitude 33“- Specific details of the changes to pro­ VOR 071“ radial extending from the 52'00” N., longitude 98°33'00" W.; to cedures and minimum instrument flight 5-mile radius zone to 8 miles E of the latitude 33°51'00" N., longitude 98“- rules altitudes that would be required VORTAC, excluding the portion outside 39'00" W.; to latitude 33°57'30” N., lon­ may be examined by contacting the the United States. gitude 98°48'30" W., to latitude 34°09'- Chief, Air Traffic Division, Southwest 2. The McAllen, Tex., control zone is 00” N., longitude 98°45'30” W.; to point Region, Federal Aviation Agency, Fort designated as that airspace within a of beginning; and that airspace extend­ Worth, Tex. 5-mile radius of Miller International Air­ ing upward from 1,200 feet above the sur­ Interested persons may submit such port (latitude 26° 10'40” N., longitude face within the area bounded by a line written data, views or arguments as they 98°14'25” W .); within 2 miles either side beginning at latitude 34°10'00” N., longi­ may desire. Communications should be of the McAllen VOR 095° and 322° tude 97°49'00” W.; thence E via latitude submitted in triplicate to the Chief, Air radials, extending from the 5-mile radius 34°10'00” N. to and counterclockwise Traffic Division, Southwest Region, Fed­ zone to 7 miles E and NW of the VOR, along the arc of a 25-mile radius circle eral Aviation Agency, P.O. Box 1689, Fort excluding the portion outside of the centered at the Ardmore Airport, Ard­ Worth, Tex.' 76101. All communications United States. more, Okla. (latitude 34°18'00” N., longi­ received within forty-five days after pub­ 3. The Brownsville, Tex., control area lication of this notice in the F ederal tude 97°00'50” W.), to longitude 97*- extension is designated as that airspace R egister will be considered before action over the United States within a 40-mile 18'00” W.; thence S via longitude 97*- is taken on the proposed amendments. radius of the Brownsville VORTAC S of 18'00” W.; to latitude 33°56'00” N., No public hearing is contemplated at this latitude 26°30'00” N.; within 5 miles longitude 97°18'00” W.; to latitude 33*- time, but arrangements for informal either side of the Harlingen, Tex., VOR 48'00” N„ longitude 97“44'00” W.; to conferences with Federal Aviation 013° radial extending from the VOR to latitude 33°34'00” N., longitude 97*- Agency officials may be made by con­ V-68, and that airspace W of V-68 S of 13906 PROPOSED RULE MAKING latitude 26°31'00" N., and E of longitude der, thence W via the United States/ Aviation Agency officials may be made by 98°00'00" W. Mexican border to longitude 98°25'00" contacting the Chief, Air Traffic Division. 4. The McAllen, Tex., transition areaW.; thence N via longitude 98°25'00" W. Any data, views or arguments presented is designated as that airspace extending to latitude 26°17'00" N., longitude during such conferences must also be upward from 1,200 feet above the surface 98°25'00" W.; to point of beginning. submitted in writing in accordance with bounded on the N by latitude 26°30'00" 5. Designate the Harlingen, Tex., this notice in order to' become part of N., on the E by longitude 98°00'00" W., transition area as that airspace extend­ the record for consideration. The pro­ on the W by longitude 98°30'80" W. and ing upward from 700 feet above the sur­ posal contained in this notice may be on the S by the United States/Mexican face within a 5-mile radius of the Har­ changed in the light of comments re­ border. lingen Municipal Airport (latitude 26 °- ceived. The Federal Aviation Agency, having 12'10" N., Longitude 97°45'10" W.), and The official Docket will be available completed a comprehensive review of the within 2 miles each side of the Harlingen for examination by interested persons terminal airspace structure requirements VOR 337° and 157° radials extending at the Office of the Regional Counsel, in the Brownsville, Tex., terminal area, from the 5-mile radius area to 8 miles Southwest Region, Federal Aviation including studies attendant to the im­ N of the VOR. Agency, Fort Worth, Texas. An infor­ plementation of the provisions of CAR 6. Redesignate the McAllen, Tex., mal Docket will also be available for ex­ Amendments 60-21/60-29, proposes the transition area as that airspace extend­ amination at the Office of the Chief, Air following airspace actions: ing upward from 700 feet above the sur­ Traffic Division. 1. Redesignate the Brownsville control face within 2 miles each side of the Mc­ These amendments are proposed un­ zone as that airspace within a 5-mile Allen VOR 095° radial extending from der the authority of section 307(a) of the radius of Rio Grande Valley Interna­ the VOR to 8 miles E, within 2 miles each Federal Aviation Act of 1958 (49 U.S.C. tional Airport (latitude 25°54'25" N., side of the 320° bearing extendirig from 1348). longitude 97°25'25" W .); within 2 miles latitude 26°12'20" N., longitude 98°16'- Issued in Fort Worth, Texas, on Sep­ each side of the 344° bearing from the 05" W. to 8 miles NW, and within 2 miles tember 30, 1964. Brownsville RBn extending from the 5- each side of the McAllen VOR 322° and Phillip M. S watek, mile radius zone to 7 miles N of the 324° radials extending from the VOR to 8 miles NW. Acting Director, RBn, and within 2 miles each side of the Southwest Region. Brownsville VORTAC 071° radial ex­ The floors of the airways that would tending from the 5-mile radius zone to traverse the transition areas proposed [PB. Doc. 64-10212; Filed, Oct. 7, 1964; 7 miles E of the VORTAC, excluding the herein would automatically coincide with 8:45 a.m.] portion outside the United States. the floors of the transition areas. The proposed alteration of the 2. Redesignate the McAllen control [ 14 CFR Part 73 [New] 3 zone as that airspace within a 5-mile ra­ Brownsville and McAllen control zones dius of Miller International Airport (lat­ would provide protection for aircraft [Airspace Docket No. 64-SO—53] itude 26°10'40" N., longitude 98°14'25" executing prescribed instrument ap­ TEMPORARY RESTRICTED AREA W.), within 2 miles each side of the proach and departure procedures at the McAllen VOR 095° radial extending from Rio Grande Valley and Miller Interna­ Proposed Designation” the 5-mile radius zone to 7 miles east of tional Airports. the VOR, within 2 miles each side of the The proposed designation of the 1,200 The United States Air Force has sub­ McAllen VOR 322° and 324° radials ex­ foot floor portion of the Brownsville mitted a proposal to the Federal Aviation tending from the 5-mile radius to 7 miles transition area and the revocation of the Agency which would require amendment northwest of the VOR, and within two Brownsville control area extension would of § 73.62 of the Federal Aviation Regula­ miles each side of the 320° bearing from raise the floor of the controlled airspace tions by establishing a temporary re­ latitude 26°12'20" N., longitude 98°16'- beyond the immediate vicinity of the Rio stricted area southwest of Nashville, 05" W., extending from the 5-mile ra­ Grande Valley International, Harlingen Tennessee. dius zone to 7 miles NW of latitude Municipal, and Miller International Air­ Interested persons may participate in 26°12'20" N., longitude 98°16'05" W., ex­ ports from 700 to 1,200 feet above the the proposed rule making by suomitting cluding the portion outside the United surface, yet the transition areas proposed such written data, views, or arguments States. would provide protection for aircraft as they may desire. Communications 3. Revoke the Brownsville control area executing prescribed instrument holding, should identify the airspace docket num­ extension. arrival and departure procedures within ber and be submitted in triplicate to the 4. Designate the Brownsville, Tex., the Brownsville terminal area. Director, Southern Region, Attention: transition area as that airspace extend­ Certain minor revisions to prescribed Chief, Air Traffic Division, Federal Avi­ ing upward from 700 feet above the sur­ instrument procedures would be effected ation Agency, P.O. Box 20636, Atlanta, face within a 7-mile radius of the Rio in conjunction with the actions proposed Ga., 30320. All communications received Grande Valley International Airport herein, but operational complexity would within 45 days after publication of this (latitude 25°54'25" N., longitude 97°25'- not be increased nor would aircraft per­ notice in the F ederal R egister will be 25" W.), within 2 miles each side of the formance characteristics or established considered before action is taken on the Brownsville ILS localizer N course ex­ landing minimums be adversely affected. proposed amendment. T h e proposal tending from the 7-mile radius area to Specific details of the changes to pro­ contained in this notice may be changed 8 miles north of the OM, within 2 miles cedures and minimum instrument flight in the light of comments received. each side of the Brownsville VORTAC rules altitudes that would be required An official docket will be available for 071° radial extending from the 7-mile may be examined by contacting the examination by interested persons at the radius area to 8 miles E of the VORTAC, Chief, Air Traffic Division, Southwest Federal Aviation Agency, Office of the and within 2 miles each side of the 344° Region, Federal Aviation Agency, Fort General Counsel, Attention: Rules Dock­ bearing from the Brownsville RBn ex­ Worth, Texas. et, 800 Independence Avenue, SW., Wash­ tending from the 7-mile radius area to Interested persons may, submit such ington, D.C. An informal docket also 8 miles N of the RBn, excluding the por­ written data, views or arguments as they will be available for examination at the tion outside the United States; and that may desire. Communications should be office of the Regional Air Traffic Division airspace extending upward from 1,200 submitted in triplicate to the Chief, Air Chief. feet above the surface within the area Traffic Division, Southwest Region, Fed­ The Federal Aviation Agency has been bounded by a line beginning at latitude eral Aviation Agency, P.O. Box 1689, requested by the U.S. Air Force to desig­ 26°30'00" N., longitude 98°18'00" W.; to Fort Worth, Texas, 76101. All com­ nate a temporary joint-use restricted latitude 36°51'00" N., longitude 97°58'- munications received within forty-five area, described herein, to encompass air 30" W., to latitude 26°50'00" N., longi­ days after publication of this notice in maneuvers in support of a proposed joint tude 97°51'00" W.; thence NE to a point the Federal R egister will be considered U.S. Air Force-U.S. Army exercise re­ 3 nautical miles from the shoreline at lat­ before action is taken on the proposed ferred to as GOLD FIRE H. The exer­ itude 27°11'20" N.; thence 3 nautical amendments. No public hearing is con­ cise would be conducted during the pe­ miles from and parallel to the shoreline templated at this time, but arrangements riod of March 1 through March 30, 1965. south to the United States/Mexican bor­ for informal conferences with Federal The Air Force has stated that the inten- Thursday, October 8, 1964 FEDERAL REGISTER 13907 sity and frequency of military air activity and non-participating military pilots to sunset.” The amendment proposed during the period of use would be of such contact the Exercise Director by reverse- herein would change the time of desig­ a nature as to prohibit absorption of the charge telephone calls for authorization nation to “one hour before sunrise to normal flow of non-participating air­ to conduct flights within the area. Ap­ 2200 hours P.s.t.” The necessity of this craft into the area without serious degra­ proval of such requests would be con­ change is due to increased emphasis dation of air safety. If the proposal is tingent upon the type and location of being placed on night ordnance delivery adopted, the temporary restricted area exercise activities in progress at the time training for fleet units of the U.S. Navy. for GOLD FIRE II would be designated as of the proposed flight. It is anticipated that the activity will follows: It is believed that the magnitude of continue for an indefinite period of time. Boundaries. Beginning at latitude 36° 05' this exercise, and the implied inflexi­ This amendment is proposed under N., longitude 88°20' W.; to latitude 36°10' bility of the request for the airspace section 307(a) of the Federal Aviation N., longitude 87° 30' W.; to latitude 36° 06' N., necessary to conduct pertinent opera­ Act of 1958 (49 U.S.C. 1348). longitude 87°19' W.; to latitude 35°45' N., tions, might create serious inconve­ longitude 87°05' W.; to latitude 35°35' N., niences to the large number of nonpar­ Issued in Washington, D.C., on Octo­ longitude 87°09' W.; to latitude 35°33' N., ticipating aircraft operating from and ber 1, 1964. longitude 87°13' W.; to latitude 35°18' N., through the area. Consequently, this Daniel E. Barrow, longitude 87<>19' W.; to latitude 34°50' Ni, proposal will be discussed at an Informal Chief, Airspace Regulations longitude 87°20' W.; to latitude 34°52' N., and Procedures Division. longitude 88°00' W.; to latitude 35° 10' N„ Airspace Meeting in the Atlanta Re­ longitude 8 8 ° 30' W.; to the point of begin­ gional Office on October 13, 1964. The [F.R. Doc. 64-10214; Filed, Oct. 7, 1964; ning. Agency earnestly solicits the attendance 8:46 a.m.] Designated, Altitudes. Surface to and in­ and comments of all interested persons cluding 10,000 feet MSL, except that part at this meeting. Depending upon the of the area north of a line connecting results of the October 13, 1964 meeting, [14 CFR Part 91 [New] 1 35°29' N., 88°26'30'' W.; and 35°51' N., other informal airspace meetings may be [Reg. Docket No. 1620; Draft Release 87°09' W. where the ceiling would be 8,000 No.63-8] feet MSL. scheduled. Time of Designation. Continuous from This amendment is proposed under 0001“c.s.t., March 1, 1965, to 2359 c.s.t., section 307(a) of the Federal Aviation OPERATION ON AND [N VICINITY OF March 30, 1965. Act of 1958 (49U.S.C. 1348). AIRPORTS W ITHOUT CONTROL Controlling Agency. Federal Aviation Issued in Washington, D.C., on Oct. 1, TOWER Agency, ARTCC, Memphis, Tennessee. 1964. Using Agency. U.S. Air Force Forces, Strike Withdrawal of Advance Notice of Command (USAFSTRIKE). Langley AFB, Daniel E. Barrow, Proposed Rule Making Virginia. Chief, Airspace Regulations At this time, specific details of the and Procedures Division. On February 20, 1963, the Federal proposed exercise are not available. [F.R. Doc. 64-10213; Filed, Oct. 7, 1964; Aviation Agency published an advance However, it would involve the employ­ 8:46 a.m.] notice of proposed rule making (14 CFR ment of two infantry divisions, one air­ Part 60) concerning the operation of borne division, one air assault division, aircraft on or in the vicinity of airports sixteen tactical fighter squadrons, two [14 CFR Part 73 [New] ] without a control tower. The notice indicated that § 60.18(c) of the Civil tactical reconnaissance squadrons, eight - [Airspace Docket No. 64-WE-44] troop-carrier squadrons, and numerous Air Regulations [now recodified as Fed­ other supporting Air Force troop-carrier RESTRICTED AREA eral Aviation Regulation § 91.89 [New]] and fighter aircraft. Although subject presently contains provisions dealing to adjustment, the total number of Air Proposed Alteration with communications requirements, the Force aircraft participating in the exer­ direction of turns when landing, and cise, together with Army fixed wing and The Federal Aviation Agency is con­ compliance with established traffic pat­ rotary aircraft, would be approximately sidering amendments to Part 73 [New! terns when departing airports not hav­ 900. of the Federal Aviation Regulations ing a control tower. The Agency be­ Although no live ordnance would be which would change the time of desig­ lieved it necessary to determine whether nation of Restricted Area R-2525 at Ver- the present requirements of § 60.18(c) expended, activities which would be con­ nalis, Calif. ducted in the area would include troop were adequate, or whether it was neces­ and equipment drops, high speed jet- Interested persons may participate in sary for safety reasons to provide addi­ fighter aircraft simulating dive bomb, the proposed rule making by submitting tional provisions such as traffic pattern napalm, rocket and strafing attacks, and such written data, views or arguments entry procedures, traffic pattern altitude jet reconnaissance aircraft conducting as they may desire. Communications and speed requirements, use of specific numerous missions over employment should identify the airspace docket num­ runways, , crosswind operations and bases in the exercise area. In addition, ber and be submitted in triplicate to the avoidance of traffic patterns by en route extensive air-landed assaults would be Director, Western Region, Attention: aircraft. The public was invited to sub­ executed in support of ground forces. Chief, Air Traffic Division, Federal Avia­ mit written comments and suggestions U.S. Army drone aircraft may be used tion Agency, 5651 West' Manchester concerning this proposal. In addition, within the area, thereby creating addi­ Avenue, P.O. Box 90007, Airport Station, the Agency scheduled a series of informal tional hazards to VFR aircraft. All Los Angeles, Calif,, 90009. All communi­ conferences to be conducted during Oc­ tactical air maneuvers would be con­ cations received within 45 days after tober and November 1963, at Philadel­ tained within the restricted airspace publication of this notice in the F ederal phia, Birmingham, Des Moines, Houston, through direct control of an appropriate R egister will be considered before ac­ Denver, Phoenix, Seattle, Oakland, An­ military Air Traffic Regulation Center tion is taken on the proposed amend­ chorage, and Honolulu, so that inter­ and associated Combat Reporting Cen­ ment. The proposal contained in this ested persons could express their opin­ notice may be changed in the light of ions and make recommendations. ters utilizing radar. The tJ.S. Army comments received. Corps of engineers plans to contact Many segments of the aviation indus­ owners of airfields within the proposed An official docket will be available for try responded through written comment restricted area to negotiate agreements examination by interested persons at the to the advance notice. Because of the for use of those airfields. Federal Aviation Agency, Office of the number and diversity of these comments, The Air Force has also advised the General Counsel, Attention: Rules no effort will be made to individually Agency that if a restricted area is des­ Docket, 800 independence Avenue SW„ treat them in this notice. The Agency ignated, they will enter a joint-use Washington, D.C., 20553. An informal also made a written record of the com­ agreement with Memphis ARTC Center, docket also' will be available for exam­ ments, opinions and recommendations the controlling agency, and will release ination at the office of the Regional Air expressed by persons who appeared at the entire area, or portions thereof, to Traffic Division Chief. the various informal conferences. the ARTC Center when not in use for At present, the time of designation for After reviewing the comments and re­ the purpose designated. The Air Force Restricted Area R-2525 is from “one considering all facets of this matter, it also plans to make provisions for civil hour before sunrise to one hour after has been determined that at this time No. 197----- 6 13908 PROPOSED RULE MAKING the present regulation is adequate and Part 507 of the Regulations of the Ad­ 507 (14 CFR Part 507) , by adding the a more definitive traffic pattern rule ministrator to include an airworthiness following airworthiness directive: would serve no useful purpose. A uni­ directive for Boeing 707 and 720 Series B oeing. Applies to Models 707 and 720 versally applicable standard traffic pat­ aircraft. There have been reports of Series aircraft. tern rule would be excessively burden­ malfunction of the horizontal stabilizer Compliance required as indicated. some to aircraft operators. The com­ trim control system at altitude, as well Service experience hjs shown the need for plexities associated with catering to the as possible malfunction of the stabilizer certain modifications in the horizontal stabi­ diverse circumstances and situations at position warning system. To correct lizer trim control and position warning sys­ tems. the large number of airports in the these conditions this AD requires modi­ Accordingly, accomplish the following: United States would constitute over­ fication of the horizontal stabilizer trim (a) Within 3,000 hours’ time in service regulation and provide little if any im­ control system to provide for improve­ after the effective date of this AD: provement in safety. The proposed rule ment in reliability of operation. (1) On Models 707 and 720 Series aircraft, change would therefore not be in the Interested persons are invited to par­ modify stabilizer trim green band rigging public interest. ticipate in the making of the proposed and limit in accordance with Boeing Service In consideration of the foregoing, the rule by submitting such written data, Bulletin No. 1689(R-1)B or an equivalent views, or arguments as they may desire. approved by the Cl iel, Aircraft Engineering advance notice of proposed rule making Division, FAA Western Region. entitled “Operation on and in the Vi­ Communications should identify the (2) On Model 707 Series aircraft, modify cinity of Airports Without a Control regulatory docket number and be sub­ stabilizer trim electrical limit in accordance Tower/’ and circulated as Notice 63-8, mitted in duplicate to the Federal Avia­ with Boeing Service Bulletin No. 1990 or an is hereby withdrawn. tion Agency, Office of the General Coun­ equivalent approved by the Chief, Aircraft This withdrawal shall become effective sel, Attention; Rules Docket, 800 Inde­ Engineering Division, FAA Western Region. on publication in the Federal R egister. pendence Avenue SW., Washington, (b) Within 5,000 hours’ time in service D.C., 20553. All communications re­ after the effective date of this AD: Issued in Washington, D.C., on Octo­ ceived on or before November 9, 1964, (1) On Models 707 and 720 Series aircraft, ber 1, 1964. modify stabilizer trim actuator moisture will be considered by the Administrator control in accordance with Boeing Service Clifford P. B urton, before taking action upon the proposed Bulletin No. 1854 or an equivalent approved Acting Director, rule. The proposals contained in this by the Chief, Aircraft Engineering Division, Air Traffic Service. notice may be changed in the light of FAA Western Region. comments received. All comments will (2) On Models 707 and 720 Series aircraft, [F.R. Doc. 64-10215; Filed, Oct. 7, 1964; modify actuator assembly secondary brake 8:46 am.] be available, both before and after the in accordance with Boeing Service Bulletin closing date for comments, in the Rules No. 1946 or an equivalent approved by the [ 14 CFR Part 5071 Docket for examination by interested Chief, Aircraft Engineering Division, FAA persons. Western Region. [Beg. Docket No. 6228] This amendment is proposed under the Issued in Washington, D.C., on October AIRWORTHINESS DIRECTIVE authority of sections 313(a), 601, and 1,1964. 603 of the Federal Aviation Act of 1958 C. W. W alker, Boeing Models 707 and 720 Series (72 Stat. 752, 775, 776; 49 U.S.C. 1354(a), Acting Director, Aircraft 1421,1423). Flight Standards Service. The Federal Aviation Agency has un­ In consideration of the foregoing, it is [F.R. Doc. 64-10216; Filed, Oct. 7, 1964; der consideration a proposal to amend proposed to amend § 507.10(a) of Part 8:46 am.] Notices

missioner of Customs therefore became ef­ tion for withdrawal of lands from loca­ DEPARTMENT OF THE TREASURY fective at that time. tion and entry under the mining laws, Dated: September 30, 1964. serial number Riverside 05707, on Sep­ Bureau of Customs tember 9,1964. Notice of proposed with­ [AA 643.3—b] [seal] Douglas Dillon, drawal and reservation of land under Secretary of the Treasury. this application was published on Sep­ CHLORINATED PARAFFIN FROM [F.R. Doc. 64-10250; Filed, Oct. 7, 1964; tember 17, 1964 (F.R. Doc. 64-9422). ENGLAND 8:48 a.m.] These lands have previously been with­ drawn for the San Bernardino Forest Exporter’s Sales Price; Foreign Reserve by Presidential proclamation of Market Value February 25,1893, and as s.uch, have been DEPARTMENT OF THE INTERIOR open to entry under the mining laws. October 5, 1964. Bureau of Land Management The applicant agency has cancelled its Pursuant to section 201(b) of the Anti­ application insofar as it involved the dumping Act, 1921, as amended (19 CALIFORNIA lands described below. Therefore, pur­ U.S.C. 160(b)), notice is hereby given suant to the regulations contained in 43 that there is reason to believe or suspect, Notice of Termination of Proposed CFR Part 2310 (formerly 43 CFR Part from information presented to me, that Withdrawal and Reservation of 295), such lands will be relieved of the the exporter’s sales price of chlorinated Lands segregative effect of the above-mentioned paraffin imported from England, manu­ September 30, 1964. application. factured by Imperial Chemical Industries The lands involved in this notice of Limited, England, is less or likely to be The Forest Service, U.S. Department termination are: of Agriculture filed an application for less than the foreign market value, as San B ernardino Meridian, California defined by sections 204 and 205, respec­ withdrawal of lands from location and tively, of the Antidumping Act, 1921, as entry under the mining laws, serial num­ T. 1 N„ R. 1W„ amended (19 U.S.C. 163 and 164), ber Los Angeles 0155815, on February Sec. 22, lot 3. Customs officers are being authorized 28, 1958. These lands have previously The area described aggregates 2.50 to withhold appraisement of entries of been withdrawn for the San Bernardino acres. chlorinated paraffin from England, man­ Forest Reserve by Presidential procla­ G lendon E. Collins, ufactured by Imperial Chemical Indus­ mation of February 25,1893, and as such, Acting Manager. have been open to entry under the min­ tries Limited, England, pursuant to § 14.9 [F.R. Doc. , 64-10233; Filed, Oct. 7, 19£4; of the Customs Regulations (19 CFR ing laws. 8:48 a.m.] 14.9). Notice of proposed withdrawal and. The allegation in this case was received reservation of land under this applica­ on September 10, 1964, and was made by tion was published on October 2, 1962 COLORADO the Dover Chemical Corporation, Dover, (F.R. Doc. 62-9876). Ohio. The applicant agency has cancelled Notice of Proposed Withdrawal and its application insofar as it involved the Reservation of Lands [seal] Lester D. J ohnson, lands described below. Therefore, pur­ Acting Commissioner of Customs. suant to the regulations contained in 43 September 30, 1964. CFR Part 2310 (formerly 43 CFR Part The Bureau of Reclamation of the De­ [F.R. Doc. 64-10172; Filed, Oct. 7, 1964; 295) , such lands will at 10:00 a.m. on partment of the Interior has filed an ap­ 8:45 a.m.] Monday, October 26, 1964, be relieved plication, Serial Number Colorado of the segregative effect of the above- 0123957, for the withdrawal from public mentioned application. entry, subject to existing valid claims, Office of the Secretary The lands involved in this notice of under the first form of withdrawal, as [Treasury Dept. Order 165-16] termination are: provided by section 3 of the Act of June 17, 1902 (32 Stat. 388), certain public San B ernardino Meridian, California ACTING COMMISSIONER OF lands in the sections and townships de­ CUSTOMS T. 2 N., R. 2 W., scribed below. Sec. 25, SW%SWi,4NW% ; The applicant desires the land for Sec. 26, Si/aSE^NE^. Designation T. 2 N., R. 3 W., reclamation purposes in connection with Sec. 21, S&N%NE$4SW$4NW}4, S%NE$4 the Whitewater Unit, Colorado River By virtue of the authority vested in sw y 4N w y4, n w % s w i 4 n w % , s%sy2 Storage Project. me as Secretary' of the Treasury, includ­ NW&, NE%SEi4NWi4, Si/2N%NWi4 For a period of thirty days from the ing the authority in Reorganization Plan sEy4Nwy4, s %n w % s e %n w .- date of publication of this notice, all per­ No. 26 of 1950, Assistant Commissioner sons who wish to submit comments, sug­ of Customs Lester D. Johnson is desig­ The area described aggregates 105 gestions, or objections in connection with nated, effective upon the resignation of acres. the proposed withdrawal may present G lendon E. Collins, Philip Nichols, Jr., as Commissioner of Acting Manager. their views in writing to the Land Office Customs, to serve as Acting Commis­ Manager of the Bureau of Land Manage­ sioner of Customs with authority to per­ [F.R. Doc. 64-10232; Filed, Oct. 7, 1964; ment, Department of the Interior, Colo­ form all functions, without limitation, 8:48 a.m.] rado Land Office, Insurance Exchange now authorized to be performed by the Building, 910 15th Street, Denver, Colo., Commissioner of Customs. Mr. Johnson CALIFORNIA 80202. will continue to serve in this capacity If circumstances warrant it, a public until a new Commissioner of Customs Notice of Termination of Proposed hearing will be held at a convenient time has been appointed and assumes the Withdrawal and Reservation of and place, which will be announced. duties of the office. The determination of the Secretary on Lands the application will be published in the Note: The resignation of Philip Nichols, September 30,1964. Jr. as Commissioner of Customs took effect F ederal R egister. A separate notice on October 1, 1964, at 6:00 p.m. The desig­ The Forest Service, United States De­ will be sent to each interested party of nation of Lester D. Johnson as Acting Com­ partment of Agriculture filed an applica­ record. 13909 13910 NOTICES

The lands affected are: The area described aggregates 90 acres 4. Subject to any existing valid rights Ute Principal Meridian, Colorado of public lands in Shoshone County, and the requirements of applicable law, Idaho. the lands described in paragraph 1 Township 2 South, Range 1 East In section Orval G. Hadley, hereof, are hereby opened to the filing 4. Manager, Land Office. of petition-applications, selections, and Lands proposed to be withdrawn in the [F.R. Doc. 64-10235; FUed, Oct. 7, 1964; locations in accordance with the follow­ above designated area aggregate approx­ 8:48 a.m.] ing: imately 360 acres. (a) Petition-applications and selec­ tions under the nonmineral public land Everett K. W eedin’, MONTANA laws, except applications under the Small Acting Land Office Manager. Tract Act, may be presented to the Man­ [F.R. Doc. 64-10234; Piled, Oct. 7, 1964; Notice of Filing of Plat of Survey ager mentioned below, beginning on the 8:48 a.m.] October 2,1964. date of this order. Such petition-appli­ 1. Plat of survey of the land described cations and selections will be considered below will be officially filed in the land as filed on the hour and respective dates IDAHO office, Billings, Montana, effective at shown for the various classes enumerated 10:00 a.m. on November 6, 1964: in the following paragraphs: Notice of Proposed Withdrawal and (1) Applications by persons having Reservation of Lands Principal Meridian, Montana prior existing valid settlement rights, T. 6 N., R. 20 W., preference rights conferred by existing September 29,1964. Sec. 36, lot 1, SE%NEi/4, SE&. laws, or equitable claims subject to al­ The Department of Agriculture has lowance and confirmation will be ad­ filed an application, Serial Number The area described contains 238.81 acres. judicated on the facts presented by per­ Idaho 015692 for the withdrawal of the sons other than those referred to in this lands described below, from all forms 2. Except for and subject to valid ex­ isting rights, it is presumed that title to paragraph will be subject to the appli­ of appropriation under the public land cations and claims mentioned in this laws, including the general mining laws, the above described lands passed to the State of Montana upon the acceptance paragraph. but excepting the mineral leasing laws. (2) All valid petition-applications and The applicant desires the land for the of the above mentioned plat of survey, selections under the nonmineral public proposed Montgomery Creek Townsite. Le., August 21, 1964. land laws presented prior to 10 a.m., No­ For a period of 30 days from the date R. P aul R igtrup, vember 6, 1964, will be considered as of publication of this notice, all persons Manager, Land Office. simultaneously filed at that hour. Rights who wish to submit comments, sugges­ [F.R Doc. 64-10236; Filed, Oct. 7, 1964; under such petition-applications and tions, or objections in connection with 8:48 a.m.] selections filed after that hour will be the proposed withdrawal may present governed by the time of filing. their views in writing to the undersigned (b) The mineral rights in the lands officer of the Bureau of Land Manage­ [Montana 066939] described in paragraph 1 have been re­ ment, Department of the Interior, Post MONTANA tained by the previous owner, as pro­ Office Box 2237, Boise, Idaho, 83701. vided in section 8 of the Act of June The authorized officer of the Bureau of Order Providing for Opening of 28, 1934 (48 Stat. 1272), as amended. Land Management will undertake such Public Lands 5. Persons claiming preference rights investigations as are necessary to de­ based upon valid settlement, statutory termine the existing and potential de­ October 2, 1964. preference, or equitable claims must en­ mand for the lands and their resources. 1. In an exchange of lands made under close properly corroborated statements He will also undertake negotiations with the provisions of section 8 of the Act of in support of their applications, setting the applicant agency with the view of June 28,1934 (48 Stat. 1269), as amended forth all facts relevant to their claims. adjusting the application to reduce the June 26, 1936 (49 Stat. 1976), the fol­ Detailed rules and regulations govern­ area to the minimum essential to meet lowing described lands have been recon­ ing petition-applications which may be the applicant’s needs, to provide for the veyed to the United States: filed pursuant to this.notice can be found maximum concurrent utilization of the P rincipal Meridian, Montana in Title 43 of the Code of Federal Regu­ lations. lands for purposes other than the ap­ T. 14 N„ R. 23 E., plicant’s, to eliminate lands needed for Sec. 19,NE%NW%. 6. Inquiries concerning these lands purposes more essential than the ap­ should be addressed to the Land Office plicant’s, and to reach agreement on the The area described contains 40 acres. Manager, Montana Land Office, 1245 concurrent management of the lands and 2. The lands described above lie ap­ North 29th Street, Billings, Mont., 59101. their resources. proximately five and one-half miles R. Paul R igtrup, He will also prepare a report for con­ southwest of Grass Range, Montana. The topography is moderately rolling. Manager, Land Office. sideration by the Secretary of the In­ [F.R. Doc. 64-10237; Filed, Oct. 7, 1964; terior who will determine whether or not The soil is a sandy loam. Vegetation consists of native short and mid-grasses 8:48 ajn.] the lands will be withdrawn as requested with a thin stand of Ponderosa Pine suit­ by the Department of Agriculture. able for posts and poles, the carrying [Nevada 064968] The determination of the Secretary on capacity is estimated at 5A/AUM. Due the application will be published in the to climatic, soil and topographic fea­ NEVADA F ederal R egister. A separate notice will tures, the subject lands are not suitable Notice of Proposed Withdrawal and be sent to each interested party of record. for sustained agricultural crops typical Reservation of Lands If circumstances warrant it, a public of this area. hearing will be held at a convenient time 3. No application for these lands will S eptember 30, 1964. and place, which will be announced. be allowed under the homestead, desert The Bureau of Land Management has The lands involved in the application land, or any other nonmineral public filed the above application for the with­ are: land law, unless the lands have already drawal of the lands described below, B oise Meridian, Idaho been classified as valuable, or suitable for from all forms of appropriation includ­ such type of application, or shall be so COEUR D'ALENE NATIONAL FOREST ing the mining laws but not the min­ classified upon consideration of a peti­ eral leasing laws or the disposal of mate­ Montgomery Creek Townsite tion-application. Any petition-applica­ rial under the Act of July 31, 1947 (61 T. 49 N„ R. 3 E„ tion that is filed will be considered on its Stat. 681; 30 U.S.C. 601-604), as Sec. 33, SE%NE%„ N ^N E ^SE^, SW& merits. The lands will not be subject to amended. NE%SE»A, and the SE^NW^SE^; occupancy or disposition until they have The applicant desires the land to pro­ Sec. 34, NW14SWÎ4NW14. been classified. tect an existing deer winter range and Thursday, October 8, 1964 FEDERAL REGISTER 13911 to develop public picnicking and camp­ to the minimum essential to meet the ap­ ment will undertake such investigations ing sites. plicant’s needs, to provide for the maxi­ as are necessary to determine the exist­ For a period of 30 days from the date mum concurrent utilization of the lands ing and potential demand for the lands of publication of this notice, all persons for purposes other than the applicant’s and their resources. He will also under­ who wish to submit comments, sugges­ to eliminate lands needed for purposes take negotiations with the applicant tions, or objections in connection with more essential than the applicant’s and agency with the view of adjusting the the proposed withdrawal may present to reach agreement on the concurrent application to reduce the area to the their views in writing to the undersigned management of the lands and their minimum essential to meet the appli­ officer of the Bureau of Land Manage­ resources. cant’s needs, to provide for the maximum ment, Department of the Interior, Post He will also prepare a report for con­ concurrent utilization of the lands for Office Box 1551, Reno, Nev. sideration by the Secretary of the In­ purposes other than the applicant’s, to An authorized officer will prepare a terior who will determine whether or not eliminate lands needed for purposes report for consideration by the Secretary the lands will be withdrawn as requested more essential than the applicant’s, and of the Interior who will determine by the Bureau of Reclamation. to reach agreement on the concurrent whether or not the lands will be with­ The determination of the Secretary management of the lands and their drawn as requested. on the application will be published in resources. The determination of the Secretary on the F ederal R egister. A separate notice The authorized officer will also pre­ the application will be published in the will be sent to each interested party of pare a report for consideration by the Federal R egister. A separate notice will record. Secretary of the Interior who will de­ be sent to each interested party of record. If circumstances warrant it, a public termine whether or not the lands will be If circumstances' warrant, a public hearing will be held at a convenient time withdrawn as requested by the applicant hearing will be held at a convenient time and place, which will be announced. agency. and place, which will be announced. The lands involved in the application The determinatipn of the Secretary on The lands involved in the application are: the application will be published in the are: New Mexico P rincipal Meredian F ederal R egister. A separate notice Mount Diablo Meridian, Nevada will be sent to each interested party of NEW MEXICO record. T. 14 N., R. 19 E., T. 10 N., R. 31 E., If circumstances warrant,. a public Sec. 1, wy2 lot 1 of NE%, lot 1 of NW%, sec. 16, w y2Ei/2, wy2. Ei/2 lot 2 of NWy4l except lot 3, SW%, hearing will be held at a convenient time wy2sE%; The area described contains 480 acres. and place, which will be announced. Sec. 2, SE^NE%, Ei/2SWi4, SE%; The lands involved in the application Sec. 11, NEV4, Ni/2NWy4, SWy4NWy4l SEy4; Michael T. Solan, Manager. are: Sec. 12, W y2 NE%, W y2, SE%; Salt Lake Meridian, Utah Sec. 13; [F.R. Doc. 64-10239; Filed, Oct. 7, 1964; Sec. 14, Ni/2NE%, SE%NEy4, SEi4; 8:48 a.m.J CACHE NATIONAL FOREST Sec. 23, NE%; Public Lands Sec. 24, Ni/2, NW%SW%-. [Utah 0140631] T. 7 N., R. 1 W., The above described land contains ap­ Sec. 34: Lots 3 and 4, E%SE%. proximately 3,114.58 acres. UTAH T. 12 N., R. 2 E., Sec. 7: Ey2SW%. D onald I. B ailey, Notice of Proposed Withdrawal and T. 13 N., R. 2 E., Acting Manager. Reservation of Lands Sec. 6 : Lot 1, SE&NE&. [F.R. Doc. 64-10238; Filed, Oct. 7, 1964; T. 14 N., R. 2 E., 8:48 a Repayments. Make repayment or of 1950 (64 Stat. 1262), the following- dated March 5,1964,1 hereby classify the refund from applicable funds in any case described lands, insofar as title thereto following described lands, totaling 1.44 where payment has been made that is rem ains in the United States, are hereby acres near Kenai, Alaska, as suitable for not required or is in excess of the amount classified as follows: lease and for sale under the Small Tract required under the Public Land Admin­ S ixth P rincipal Meridian, Colorado istration Act (43 U.S.C. 1374) ; and re­ Act of June 1, 1938 (52 Stat. 609; 43 COAL LANDS U.S.C. 682a) as amended: payments under 43 CFR part 1822. ***** T. 32 S., R. 64 W., Seward Meridian Sec. 8,N^NE14; T. 6 N., R. 11 W., S ec. 2.6 Minerals. * * * Sec. 19, lot 1; Sec. 31, lots 175 to 178, inclusive. Reject applications filed under legal Sec. 27, NW»ASE%.., authorities cited in these sections if any T. 33 S., R. 64 W., 2. Classification of the above-described or all of the following conditions prevail: Sec. 5, lots 3 and 4. lands by this order segregates them from (1) The official land title and use rec­ T. 30 S., R. 65 W., all appropriations, including locations ords reveal that the land applied for is Sec. 18, NE&SWiA. W ^SE^; under the mining laws, except to applica­ unavailable for the requested purpose; Sec. 19, lot 3; tions under the mineral leasing laws and Sec. 22, NW%NWÎ4; (2) The land description in the appli­ Sec.34, SE14SE/4: to selections by the State of Alaska in cation is inadequate to identfy the land, Sec. 35, W&SE14, SEftSEft. accordance with and subject to the limi­ or land which applicant was obligated T. 31 S., R. 65 W., tations and requirements of the Act of to include in the description was not Sec. l, lat4.SW%NWy*„Wi¿SW%¿ July 28,1956 (70 Stat. 709; 48 U.S.C. 46- listed; Sec. 2; 3b), and section 6(g) of the Alaska (3) The application is incomplete Sec. 3, lots I and 2, SïfcNE^, E&SE%r Statehood Act of July 7, 1958 (72 Stat. Sec. 6 , lots 1 and 2, S%NEXA; when submitted (for example, fees not Sec. 10,Ei/2; 339). paid, information not complete, unsigned, Sec. ll,N y 2, SWÍ4 , Wy2SEiA; 3. The lands described in paragraph obsolete form) ; Sec. 12, Wy2NE%, SE%NE]4. NW%; 1 were restored from withdrawal by Pub­ (4) The requested land area does not sec. i7.Ey2sw y4; lic Land Order No. 800 of February 1, meet legal requirements of compactness, Sec. 28, SWy4NW%; 1952. They were retained in reserve contiguity, or acreage; Sec. 33, NE%NE%. status pending an order of classification (5) The application was not success­ T. 32 S.,R. 65 W., to be issued by an authorized officer Sec. 4, N^SE%; ful in a public drawing held to establish Sec. 6, lots 2, 3, 5, and 7, SEî4NW%, opening the lands to application under priorities of conflicting applications. SEi¿SWy4; the Small Tract Act of June 1, 1938 (52 * * * * * Sec. 7, lot 1, NE1/4NW14; Stat. 609; 43 U.S.C. 682a). Sec. 9, Wy2SEi4, SE14 SE%; 4. The lands classified by this order S ec. 2.9 Land use. * * * Sec. 30, NEV4 SWVÍ, SE]4; shall not become subject to application Reject applications filed under legal Sec. 31, N y2 NE 14, NE>/4NW 14; under the Act of June 1, 1938 (52 Stat. authorities cited in these sections if any Sec. 32, NW14NWJ4 . 682a) as amended, until it is so provided or all of the following conditions prevail: T. 33 S., R. 65 W., (1) The official land title and use rec­ Sec. 4, SW14SE14; by an order to be issued by an authorized Sec. 6, lot 5, SE y4 NW&, Ey2 SW% ; officer opening the lands to applications ords reveal that the land applied for is unavailable for the requested purpose; Sec. 12, SWÎ4 NEÎ4 , nei/4NW%, S%NW%. or bids. sw y4; J a m es W. S cott, (2) The land description in the appli­ Sec. 14, SW%; Manager, Anchorage District cation is inadequate to identify the land, Sec. 18, lots 1, 2, 3, and 4, NE 14NEÎ4, and Land Office. or land which applicant was obligated to Ey2wy2, NE 1 4 SE 1,4 ; include in the description was not listed; Sec. 19, lots 3 and 4, N%NE%, SE^NE^, [P.R. Doc. 64-10251; Piled, Oct. 7, 1964; (3> The application is incomplete Ey2SW%, SW%SE%; a: 48 am.] when submitted (for example, fees not sec. 20, sy2Ny¡, w %se %; Sec. 25, Wy2NWi4, SWi/4, SW^SEVll paid, information not complete, un­ Sec. 26, EJ4, N&NW&, SEÎ4NWÏ4. OREGON ; ASSISTANT M ANAGER, signed, obsolete form) ; Ey2SW%; (4) The requested land area does not Sec. 27,SWÎ4SWVU MINERALS ADJUDICATION meet legal requirements of compactness, Sec. 28, S14SW14, SWÎ4SEÎ4; BRANCH, ET AL. contiguity, or acreage ; Sec. 29„wy2NWy4; Redelegation of Authority (5) The application was not success­ Sec. 32, NWV4NE14. ful in a public drawing held to establish T. 29 S., R. 66 W., September 29,1964. Sec. 8, SE&NE14, NEVfcSEft, priorities of conflicting applications. T. 30 S., R. 66 W., 1. Pursuant to the authority contained 2. The authority delegated by this Sec. 14, NW>/4SWy4, SE-14SW14; in section 2.1 of Bureau of Land Man­ order may not be redelegated. Sec. 23, S y2SEiA; agement Order No. 701 (29 F.R. 10526), Sec. 25. NE 14SWÎ4, W%SE$, SE^SE^; authority is hereby redelegated to the Effective date: October 12, 1964. Sec. 26, Ey2NB%; Sec. 29, NWy4 SW»4; assistant manager, Minerals Adjudica­ D ouglas E. Henriques, Sec. 30, NWy4NE%. tion Branch, to take action for the man­ Manager, Land Office. T. 31 S., R. 66 W., ager in all matters listed in section 2.6 Sec. 1, SEi/4NWiA; of the above-cited order, and to the as­ Approved: Sec. 12, E%NE%, NE%SE%; sistant manager, Lands Adjudication Garth H. Rudd, Sec. 20, NWV4, SW»4SE%r Branch, to take action for the manager Acting State Director, Oregon- Sec. 21, NW%; in all matters listed in section 2.9, and Washington Bureau of Land Sec. 33, wy2SWy4. to the assistant manager, Records and Management. T. 32 S., R. 66 W., Public Services Branch, authority within Sec. 2, lot 3; [FJR. Doc. 64-10265; FUed, Oct. 7, 1964; Sec. 4, lot 4; his specific area of responsibility to take 8:49 a.m.} Sec. 5, lot 1; action for the manager as follows: Sec. 12, sy2SW%;; Sec. 15, SW^NE1^, NE%SE%; Sec. 2.2 General and miscellaneous Geological Survey Sec. 23, Sy2NE%, SW ^SW ^, N%SE%; matters. * * * Sec. 26, SE%SW%, NE^SE^; (c) Copies of records. Furnish copies [Colorado 117] Sec. 28, Ey2SWiA. NWftSEft; and exemplifications of patents, plats, Sec. 31, lots 3 and 4, E^NE^, E%SWÎ4; and other records. COLORADO Sec. 32, Wy2NWi4; * * * • * Coal Land Classification Sec. 33,SEy4* Sec. 2.3. Fiscal affairs. * * * T. 33 S., R. 66 W., (a) Bonds. * * * Pursuant to authority under the Act Sec. 1, lots 1 and 2, S^NE1^; (1) Take all actions on bonds required of March 3, 1879 (20 Stat. 394; 43 U.S.C. Sec. 2, SE%NBi4, SW&NWft, NW ^SW #, in connection with matters pertaining 31), and as delegated to me by Depart­ Ey2SEy4; Thursday, October 8, 1964 FEDERAL REGISTER 13913

Sec. 8, Ei/2SE%; T. 30 S., R. 69 W., Sec. 11, NE%NEft; Sec. 11, SW^NE^i; Sec. 13, SW»4NE%, SEi/4; Sec. 25, SWy4NE&, NW&SEft. DEPARTMENT OF HEALTH, EDU­ Sec. 15, SW^NE%, W%; Sec. 17, NE^NE^, S%NE%, SE^NW^, RECLASSIFIED COAL LANDS FROM NONCOAL LANDS CATION, AND WELFARE e %s w %, wy2SEi4 ; Prior classification of the following sub­ Sec. 19, SE%SE%; divisions as noncoal lands is hereby revoked Food and Drug Administration Sec. 20, Wy2NEy4, SW&SW^, W%SByi; and the lands are reclassified as coal lands: Sec. 21, Ni/aNE^, NBftNW&j CENTRAL SOYA CO., INC. Sec. 22, w y2; T. 32 S., R. 68 W., Notice of Withdrawal of Petition for Sec. 26, Wy2SW&; Sec. 19,NE%NE}4; Sec. 27, Ny2SEi4, SW ^SE^; Sec. 20, NW&SW^; Proposed Food Additive Titanium Sec. 28, NE%NW%; Sec. 29, NEy4NWy4, SWy4 SE^; Dioxide Sec. 29, NE*4, NW^NW'^, SE^NW^; Sec. 32, NE%SE%. Sec. 33, NE^NEVi, Ny2NW%, SE^NW ^. T. 33 S., R. 68 W., With reference to food additive peti­ T. 27 8L, R. 67 W., Sec. 5, lot 6 . tion (PAP 1450) filed by Central Soya Sec. 32, SW%. The area described aggregates 19,397 Company, Inc., Chemurgy Division, 825 T. 28 S., R. 67 W„ acres, more or less, of which about 19,169 North Laramie Avenue, Chicago 39, 111., Sec. 5,SW%; published in the F ederal R egister of Au­ Sec. 6, lots 1 and. 2, SE^NE^, SE%; acres are newly classified as coal lands, gust 1,1964 (29 P.R. 11166), the Commis- Sec. 7, lots 1 and 2, Ey2 NW y4; and 228 acres previously classified as sioner 'of Pood and Drugs has concluded Sec. 22, Ni/2SEi4. noncoal lands are now classified as coal T. 29 S., R. 67 W., that the proposed use of titanium diox­ lands. ide as set forth in the aforesaid notice Sec. 12, SW&SW&; R. H. Lyddan, Sec. 17, NE%; Acting Director. of filing would be provided for under ex­ Sec. 35, NW%NE%, Ny2NW%, SW%NW%. October 1, 1964. isting regulations issued pursuant to sec­ T. 30 S., R. 67 W., tion 706 (Color Additives) of the Fed­ Sec. 8, SE^NWi/i; [F.R. Doc, 64-10223; Piled, Oct. 7, 1964; eral Pood, Drug, and Cosmetic Act. Sec. 15, SW%NE%, Ni/aSW^, NW%SE>4; 8:46 a.m.] Accordingly, the above-noted food ad­ Sec. 26, SW%NE%, SE^NW ^, Wy2SE^. ditive petition is withdrawn without prej­ T. 31 S„ R. 67 W., udice. Sec. 11. NW%NE*4, NE& SW%; [Idaho 15] Sec. lS.SW ^NW ^; (Sec. 409(b), 72 Stat. 1786; 21 U.S.C. 348(b)) Sec. 14, NE%, E%NW%; Sec. 15, Ny2Ny2, SE1/4SEJ4; IDAHO Dated: September30,1964. Sec. 21, Sy2NE%, NE&SE^; Sec. 22, SW%NWi4, NE^SW ^, W^SE%, Phosphate and Nonphosphate Land W inton B. R ankin, SE^SE^. Classification Assistant Commissioner T. 32 S., R. 67 W., for Planning. Sec. 5, SW^4; Pursuant to authority under the Act [P.R. Doc. 64-10257; Piled, Oct. 7, 1964; Sec. 11, SWy4SE&; of March 3, 1879 (20 Stat. 394; 43 U.S.C. 8:49 ajn.] Sec. 12,Ny2SE%; 31), and as delegated to me by Depart­ Sec. 15, SWJ4SE%; mental Order 2563, May 2, 1950, under Sec. 25, SEV4SW%; authority of Reorganization Plan No. 3 Sec. 30,NE%NE%; of 1950 (64 Stat. 1262), the following- ATOMIC ENERGY COMMISSION Sec. 31, E%SEi4; described lands, insofar as title thereto [Docket No. 50-154] Sec. 32, SW54. remains in the United States, are hereby T. 33 S., R. 67 W.. MARTIN-MARIETTA CORP. Sec. 3, SWy4 SWi4; classified as shown; Sec. 4, SE%SE%; Boise Meridian, Idaho Notice of Extension of Expiration Date Sec. 9, Ei/2NE^; Sec. 11, SE%SW%, Sy2SE^; PHOSPHATE LANDS Please take notice that the Atomic sec. 12, sw y4 sw y4; Energy Commission has issued an order T.2 N., R. 42 E., extending to September 30,1965, the ex­ Sec. 18, lots 2,3, and 4, Ey2SW%; Sec. 22, E%NE%; Sec. 19, lot 1, NWy4NEi/4, NE%NWi4; Sec. 23, NW&NW&, sy2NW%, SWy4, piration date specified in license No. Sec. 25, SE%NE}4; Wy2SE%; CX-18, as amended, concerning the Sec. 29, lot 5. Sec. 25, SWy4NWy4, W&SW&; Liquid Fluidized Bed Reactor located at T. 28 S., R. 68 W., Sec. 26, Ey2, Ey2 NW y4; Middle River, Md. Sec. 1, lot 1, SE&NE^, E^SE^; Sec. 35, E% NE%; Copies of the Commission’s order and Sec. 3, SW&NE&, Sy2NW%; Sec. 36, SW%NEV4, NWy4, Ey2SW>4, NW& of the application amendment by the Sec. 5, lots 3 and 4, sy,NW%; SW ^.SEyi. Martin-Marietta Corp. are available for Sec. 9, SW}4; NONPHOSPHATE LANDS public inspection at the Commission’s Sec. 12, NE>4, NWy4NWi4; Public Document Room, 1717 H Street Sec. 13, Ni/2, Ey2SWV4, wy2SE14; T. 2 N.. R. 42 E., NW., Washington, D.C. Sec. 14, Ny2Ni/2. SE&NE}4, SW^NW^i, Sec. 14,SW>4; NWy4SW%, NE%SE%; Sec. 15; Dated at Bethesda, Md., this 30th day Sec. 17, Ey2; Sec. 17, S%; of September 1964. Sec. 18, SE%; Sec. 27, Sy2SWJ4, SW%SEi4; For the Atomic Energy Commission. Sec. 28, SE%NE&. Secs. 19,20, and 21; T. 29 S., R. 68 W., Sec. 22, wy2NE%, NWy4, SW^, SE&; S aul Levine, Sec. 7, lots 3 and 4, Ey2SW^, SE^; Sec. 23, Wy2NEV4. NEi4NW%, Ey2SE}4; Chief, Test and Power Reactor Sec. 25, NW y4 NW y4, Ey2 SW y4 ; Sec. 19, lots 3 and 4; sec. 26, w y 2N w y4, swy4; Safety Branch, Division of Sec. 32, SWy4NWy4, NW&SW1/4. Secs. 27 to 34, inclusive; Reactor Licensing. T. 30 S., R. 68 W., Sec. 35, W%NE%, Wi/2, SE%; [P.R. Doc. 64-10208; Piled, Oct. 7, 1964; Sec. 6, lot 5; Sec. 36, NW&NE14, SW^SW%. 8:45 a.m.] Sec. 10, NEy4NE^4; Sec. 20, NE^NE%; The area described totals about 11,275 [Docket No. 50-229] sec. 29, NWJ4 NEJ4 , Ny2Nwy4, s w &n w ^ ; acres, of which about 1,520 acres are Sec. 31, lots 2, 3, and 4, W ^NE^, Ey,W&. classified as phosphate lands, and about GENERAL ATOMIC DIVISION OF T. 32 S., R. 68 W., 9,755 acres are classified as nonphos­ GENERAL DYNAMICS CORP. Sec. 6, lot 1; phate lands. Sec. 7, lot 3; R. H. Lyddan, Notice of Application for and Pro­ Sec. 9, SWi4SE%; Sec. 12, Ny2NWV4; Acting Director. posed Issuance of Facility Export Sec. 21, NWy4NW}4, Sy2NW&. . October 1, 1964. License T. 33 S., R. 68 W„ [P.R. Doc. 64-10224; Piled. Oct. 7, 1964; Please take notice t h a t General Sec. 13,SEV4NEi4. 8:47 a.m.] Atomic Division of General Dynamics 13914 NOTICK

Corporation, Post Office Box 608, San misslon. This license is effective as o f the in interest” within the meaning of sec^ Diego, Calif., 02112, has submitted an date of Issuance and shall expire on No­ tion 309(d) of the Communications Act application dated September 30, 1964, vember 30,1965. of 1934, as amended.* for a license to authorize the export of For the Atomic Energy Commission. 2. Section 1.580(i) of the Commission’s a 250 kilowatt thermal TRIGA Mark II [FJR. Doc. 64-10299; Filed, Oct. T, 196«; rules requires a party in interest to file research reactor to the Institute Josef 8:50 am.} a petition to deny no later than 30 days Stefan, Ljubljana, Yugoslavia. after issuance of a public notice of the Upon finding that the reactor pro­ acceptance for filing of the application. posed for export is within the scope of Public notice of such acceptance for fil­ the Agreement for Cooperation between ing of this application was issued by the the Government of the United States of FEDERAL COMMUNICATIONS Commission on April 30, 1963 (Report America and the International Atomic No. 7018) and the petition to deny was Energy Agency, and unless within fifteen COMMISSION filed May 18,1964, nearly one year later. days after the publication of this notice [Docket No. 15641; FCC 64-9031 The petitioner did not, at the time it in the F ederal R egister, a request for INTERNATIONAL PANORAMA filed its petition, request a waiver of a formal hearing is filed with the U.S. TV, INC. § 1.580 (i) of the rules nor did it give Atomic Energy Commission by the ap­ any reason for its tardiness. In its reply plicant or an intervener as provided by Memorandum Opinion and Order to the applicant’s opposition to the peti­ the Commission’s rules of practice (Title Designating Application for Hear­ tion, the petitioner, for the first time and 10, CFR, Ch. I, Part 2), the Commission ing on Stated Issues presumably because of the applicant’s, proposes to issue to General Atomic assertions as to the untimeliness of the Division of General Dynamics Corpora­ In re application of International Pan­ petition, requested a waiver of the Rules. tion a facility export license on Form orama TV, Inc., Fontana, California, Petitioner admits that it had some evi­ AEC-250 containing the authority set Docket No. 15641, File No. BFCT-3181; dence in its possession as early as No­ forth in the text below authorizing ex­ for construction permit for new tele­ vember 1963, which raised question as to port of the reactor described in the ap­ vision broadcast station. the character qualifications of Angel plication. 1. The Commission has before it for Lerma Maler, President and 75 percent Pursuant to the Atomic Energy Act of consideration the above-captioned appli­ stockholder of the applicant corpora­ 1954, as amended, and Title 10, Ch. I, cation of International Panorama TV, tion. More important, however, is the Code of Federal Regulations, the Coni- Inc. for a construction permit for a new fact that the basis for the questions mission has found that: television broadcast station to operate on which the petitioner now seeks to raise (a) The application complies with the Channel 40, Fontana, California, filed regarding the applicant’s financial quali­ requirements of the Atomic Energy Act April 22, 1963, and various pleadings fications, its conformity with section of 1954, as amended, and the Commis­ filed in connection therewith.1 Channel 307(b) of the Communications Aet, and sion’s regulations set forth in Title 10, 40 is allocated to Riverside, California, its efforts, if any, to ascertain the pro­ Ch. I, Code of Federal Regulations, and but the applicant has specified Fontana, gramming needs and interests of the (b) The reactor proposed to be ex­ California, as its principal community to area proposed to be served, existed at ported is a utilization facility as defined be served, under the provisions of the time the application was filed and in said Act and regulations. § 73.607 (b) of the Commission’s rules could have been raised by the petitioner In its review of applications solely to (the “15-mile” rule) . Operating as pro­ within the time limit imposed by the authorize the export of production or posed, with a transmitter and tower lo­ rules. In view of these facts, we are un­ utilization facilities, the Commission cated on Mount Wilson near those of able to find that the petitioner has shown does not evaluate the health and safety the Los Angeles stations, the proposed good cause for a waiver of § l-580(i> of characteristics of the facility to be ex­ new station would place a principal city the Rules and its request for a waiver ported. signal over the whole of Los Angeles as will, accordingly, be denied.* The peti­ A copy of the application, dated Sep­ well as over Fontana and Riverside. Pe­ tion, being untimely filed, will be dis­ tember 3d, 1964, is on file in the Atomic titioner is the permittee of Television missed and we do not, therefore, find it Energy Commission’s Public Document Broadcast Station KMEX-TV, Channel necessary to rule on the question of Room located at 1717 H Street NW., 34, Los Angeles, California, and alleges whether the petitioner has standing as a Washington, D.C. standing in this proceeding on the basis “party in interest.”4 that the proposed new station would 3. Although we are not, under the cir­ Dated at Bethesda, Md., this 5th day compete with the petitioner for revenues cumstances, required by statute to reach of October 1964. in the Los Angeles market and that as the question of the merits of the petition, For the Atomic Energy Commission. a result of the diversion of revenues from in view of the importance to the public petitioner’s station, jthe petitioner will interest of the questions raised by the Eber R. P rice, suffer economic injury. The applicant petitioner as to whether the applicant Director, Division of disputes petitioner’s standing in this pro­ has the requisite qualifications as to be State and Licensee Relations. ceeding, alleging that the petition to a broadcast licensee, we will treat the P roposed Export License deny was not timely filed, no waiver of petition as an informal objection filed Pursuant to the Atomic Energy Act of 1954, § 1.580(1) of the Commission’s rules was pursuant to § 1.587 of the Commission’s as amended, and the regulations of the U.S. requested, and, in any event, the peti­ rules and will consider the questions Atomic Energy Commission issued pursuant tioner has not shown that it is a “party raised therein on our own motion. thereto, and in reliance on statements and 4. We are asked to consider four ques­ representations heretofore made, General 1 The Commission also has under consider­ tions in this matter: whether the appli­ Atomic Division of General Dynamics Cor­ ation: (a) Petition to Deny, filed May 18, cant is financially qualified; whether a poration, Post Office Box 608, San Diego, 1964, by Spanish International Broadcasting Calif., 92112, is authorized to export a 250 Company; (b) Opposition, filed July 15, grant of the application would be con­ kilowatt thermal TRIGA Mark n nuclear re­ 1964, to (a), above; and (c) Reply, filed sistent with section 307(b) of the Com­ search reactor to the'Institute Josef Stefan, August 8 , 1964, by petitioner, to (b), above. munications Act and § 73.606 of the Com­ Ljubljana, Yugoslavia, subject to the terms The applicant and petitioner requested and mission’s rules (the television Table of and provisions herein. The license to export were granted extensions of time within Assignments) ; whether the applicant extends to the licensee’s duly authorized which to file their various pleadings. On has attempted to ascertain the program­ shipping agent. August 1964, the applicant filed a “Response** Neither this license nor any right under to (c), above, together with a “Petition for ming needs and interests of the area this license shall be assigned or otherwise Acceptance of Responsive Pleading”, request­ transferred in violation of the provisions ing the Commission to accept the “Re­ «Federal Communications Commission v. of the Atomic Energy Act of 1954. sponse”. Since the applicant’s “Response” Sanders Brothers Radio Station, 309 US. This license is subject to the right of was filed in violation of §. 1.45 of the Com­ 470, 60 S. Ct. 693, 9 RR 2008. recapture or control reserved by section 108 mission’s rules limiting pleadings which may * United States v. Storer Broadcasting Cor­ of the Atomic Energy Act of 1954, and to all be filed in a proceeding, its “Petition for poration, 351 U.S. 192, 76 S. Ct. 763, 13 RR other provisions of said Act, now or here­ Acceptance of Responsive Pleading’’ will be 2161; Oregon Radio, Inc., 14 RR 742. after in effect and to all valid rules and denied, and the “Response”- filed in connec­ * Valley Information Programs, Inc., FCC regulations of the U.S. Atomic Energy Com- tion therewith will be dismissed. 64-61,1 RR 2d 1077. Thursday, October 8, 1964 FEDERAL REGISTER 13915 proposed to be served (the so-called remaining 70 percent being in English. tinguishing characteristics as the other “Suburban” issue) ; and whether the ap­ Petitioner estimates that the 1960 popu­ four. All five letters were typewritten. plicant has the requisite character qual­ lation of Fontana (14,659) is approxi­ The petitioner, in November 1963, se­ ifications to be a broadcast licensee, in mately 4 percent Spanish (675 persons) cured and submitted informally to the view of the disparaging letters discussed and that approximately 9 percent of the Commission, the opinion of a questioned below. We believe it appropriate to dis­ population of Fontana are of foreign document examiner who stated that, on pose of all matters raised by the peti­ birth. We are persuaded that the appli­ the basis of his examination of these tioner and we will, accordingly, consider cant has formulated its programming to letters compared with a letter known to them seriatim. be responsive to the needs and interests have been typed on a typewriter in the 5. The application shows that the o f Fontana as well as the other segments offices of Panorama Latino, it was his total cost of construction of the proposed of its proposed coverage area. More­ professional judgment that all of the new station will be approximately over, the fact that the applicant proposes letters (including the known exemplar) $479,000 and cash in the amount of ap­ to locate its transmitter on Mount Wil­ were typed on the same typewriter. proximately $192,000 will be required for son among those of the Los Angeles sta­ There are also other letters and docu­ the construction and initial operation tions and will provide a principal city ments involved which the petitioner al­ of the proposed station. To meet the signal to Los Angeles does not constitute leges were sent by Maler to advertisers total costs of construction, the appli­ it a Los Angeles station rather than a and others in an attempt to defame, cant relies upon deferred credit of Fontana station.8 injure and destroy Station KMEX-TV. $332,824,' a bank loan of $150,000, and 7. Petitioner alleges that the applicant 10. In January 1964, the applicant was loans from subscribers of approximately has not adequately ascertained the pro­ apprised by the Commission of the in­ $42,000,5 a total well in excess of the gramming needs and interests of the en­ formation at hand and was requested to necessary $479,000. The cash require­ tire area to be served, pointing out that comment on the charges that the letters ment consists of a down payment on the applicant amended its original ap­ had originated in the offices of Panorama equipment amounting to $110,942; build­ plication to effect a change of proposed Latino TV. Maler thereupon submitted ings, $20,000; other items, $15,000; ini­ transmitter site of about 22 miles, but a categorical denial, under oath, stating tial -operation, $45,000;6 and current made ho changes in its programming that he had no knowledge whatsoever liabilities, $1,250. To meet these cash proposal, The application, however, con­ of the letters or their origin. Subse­ requirements, the applicant shows the tains affirmative representations that the quently, the applicant instituted its 6wn availability of a bank loan of $150,000, applicant surveyed not only its principal investigation into the matter and dis­ subscribers’ loans of approximately $42,- community, but communities throughout covered that the letters had all been 000, and a loan, if required, from Pano­ the proposed service area to ascertain the written by one Alexander G. Golomb rama Latino TV, Inc., a corporation programming tastes, needs and interests. (also known as Alexander G. Colombo), owned by Mr. Angel Lerma Maler.T It is One such survey was conducted prior to an employee of Panorama Latino TV. apparent from the foregoing that the ap­ the filing of the application and a fur­ The applicant, however, states that the plicant is financially qualified to con­ ther survey was conducted subsequent letters were written by Golomb for rea­ struct, own and operate the proposed thereto. Under these circumstances, sons of his own without the knowledge, new station. we find that an issue with respect to the consent or acquiescence of Maler. Maler 6. The petitioner alleges also that a applicant’s efforts to ascertain the pro­ steadfastly and categorically denies that grant of the application would be incon­ gramming needs and interests of its pro­ he knew about the letters, that he had sistent with section 307(b) of the Com­ posed area to be served is not warranted. any connection therewith, or that he munications Act and the television Table 8. The basic problem presented by this acquiesced in, condoned, or ratified of Assignments (§ 73.606 of the Commis­ case is the question of whether the appli­ Golomb’s actions. The applicant has sion’s rules) on the grounds that the cant has the requisite character quali­ submitted affidavits to support its posi­ applicant’s proposal constitutes an at­ fications to be a broadcast licensee. In tion, including one from Golomb in tempt to be a Los Angeles station rather order to place our decision in proper per­ which he swears that he was solely re­ than a Fontana station. In support of spective, a brief summary of the events sponsible for the letters, that he wrote this conclusion, the petitioner states that leading to the filing of the petition in this them in Maler’s absence, that he wrote the proposed station would place a prin­ matter appears appropriate. the letters at home, that he subsequently cipal city signal over all of Los Angeles 9. Mr. Angel Lerma Maler (also known surreptitiously had the type on the type­ (stronger, petitioner alleges, than that as Angel Lerma) owns 75 percent of the writer changed, and that he used ficti­ which will be placed over Fontana and stock of International Panorama TV, tious names. Among the letters written Riverside), that the applicant’s pro­ Inc., and his sister, Alma Clara Maler, by Golomb was one to Maler, signed with gramming is directed to the Spanish owns the remaining 25 percent. Mr. the fictitious name “Bill Potz”, contain­ speaking population of Los Angeles, and Maler is also the sole) stockholder of ing allegedly derogatory matter concern­ that the proposed transmitter site is on Panorama Latino TV, Inc., an organiza­ ing petitioner’s station representative. Mount Wilson among those of the Los tion which produces Spanish language Golomb’s affidavit avers that Golomb Angèles stations. Petitioner v seems to television programming for Television persuaded Maler that he (Maler) knew suggest that the applicant propose to Broadcast Station KCOP-TV, Channel “Potz” and then Golomb"surreptitiously broadcast “predominantly” in the Span­ 13, Los Angeles, California. Thus, an drafted a letter for Maler’s signature ish language, indicating that the appli­ atmosphere of competition and rivalry transmitting the “Potz” letter to peti­ cant seeks to be a Los Angeles station exists between Maler and petitioner’s tioner’s station representative, and rather than a Fontana station. The Station KMEX-TV and its principals slipped the transmittal letter in among facts do not support petitioner’s conten­ with respect to the Spanish speaking other letters for Maler’s signature. It is tion that the applicant proposed to pro­ population of the Greater Los Angeles stated that in this manner, Golomb se­ gram “predominantly” in the Spanish area. Beginning in July 1962, a series of cured Maler’s signature without Maler’s language. Approximately 18 percent of letters bearing signatures of persons with knowledge and Golomb then mailed the applicant’s programming will be in Latin American names was sent to the letter to petitioner’s station representa­ Spanish, and an additional 12 percent Commission, all containing disparaging tive hoping to damage the reputation of will be in other foreign languages, the material concerning Station KMEX-TV Station KMEX, its principals, and its evidencing a familiarity with the prin­ station representative. With the excep­ 5 The subscribers have agreed to lend a cipals of Station KMEX-TV, and all be­ tion of the circumstances surrounding total of $150,000 to the applicant, but the ing remarkably similar in language and Maler’s signing of the letter transmitting figure of $42,000 represents the amount format. In addition, a fifth disparaging the “Potz” letter, all of the foregoing facts which the petitioner concedes that the sub­ letter, a carbon copy of a letter sent to are undisputed, but the petitioner con­ scribers can lend. the Attorney General of the State of tends that Maler knew or should reason­ •Based on operation for a reasonable time without revenues. California, was also received by the Com­ ably have known, of the writing of these 7 The financial statement of Panorama mission. This letter bore the same dis- letters or, if he had no actual knowledge, Latino TV shows that it has current and responsibility is imputable to him under liquid assets in excess of current liabilities •New Jersey Television Broadcasting Cor­ the legal doctrine of master and servant. of more than $48,000 and has agreed to poration, FCC 64-296, 2 RR 2d 263; Recon­ Petitioner alleges that, in any event, lend the applicant $42,000. sideration denied, FCC 64-583, 2 RR 2d 1097. Maler ratified Golomb’s actions by re- No. 197----- 7 13916 NOTICES

taining Golomb in his employ after the 2. To determine, if Issue 1 is resolved not later than November 2, 1964; (3) authorship of the letters was discovered. in the affirmative, whether the conduct that rebuttal data, if any, will be simi­ 11. The only question to be resolved of Angel Lerma Maler adversely reflects larly prepared and exchanged by not in this proceeding is the responsibility, if on the qualifications of the applicant to later than November 23; and (4) that any, of Maler. There is presently in­ be a broadcast licensee. counsel will inform each other orally, by sufficient information before the Com­ 3. To determine, in the light of the not later than November 25, of the mission to allow us to make a judgment evidence adduced pursuant to the fore­ names of witnesses desired for cross-ex­ as to the plausibility of the explanation going issues, whether a grant of the ap­ amination; offered by the applicant. Obviously, this plication would serve the public interest, It is ordered further, That the tran­ application cannot be granted without convenience and necessity. script of today’s prehearing conference resolving the question of whether Maler It is further ordered, That the request is incorporated herein by reference and must bear some responsibility in this mat­ for waiver of § 1.580 (i) of the Commis­ will be utilized to guide the parties in ter. While it is apparent that no person sion’s rules, filed herein by Spanish In­ their preparation for hearing; other than Maler and those associated ternational Broadcasting Company, is It is ordered further, That exhibit ma­ with him could have the “personal denied; that the Petition to Deny is, terial, including maps and computation knowledge” required of affiants by section accordingly, dismissed, as untimely filed; sheets, will be completely paginated by 309(d) of the Communications Act, as to that the “Petition for Acceptance of Re­ use of Arabic numbers; that applicant’s what Maler actually knew, it is conceiv­ sponsive Pleading”, filed herein by Inter­ exhibits will be identified as “Moore able that testimony could be elicited and national Panorama TV, Inc., is denied; Ex,”, respondent’s as “KDHI Ex.” and evidence adduced from which valid in­ and that the “Response” filed by Inter­ Bureau’s as “Bureau Ex.”; and that each ferences could be drawn as to Maler’s re­ national Panorama TV, Inc., in connec­ party’s exhibits will be numbered suc­ sponsibility, if any, for the actions of tion therewith is, accordingly, dismissed, cessively beginning with “Ex. 1”. Golomb. Just as the public interest in accordance with § 1.45 of the Commis­ would require us to determine whether sion’s rules; and Released: October 2, 1964. the applicant has the requisite qualifica­ It is further ordered, That, to avail it­ F ederal Communications tions to be a broadcast licensee if the self of the opportunity to be heard, the Commission, evidence discloses Maler’s complicity, so applicant herein, pursuant to § 1.221(c) [seal] B en F. Waple, the public interest would seem to require of the Commission’s rules, in person or Secretary. a grant free of unresolved character by attorney, shall, within 20 days of the [F.R. Doc. 64-10263; Filed, Oct. 7, 1964; questions if the evidence discloses Maler’s mailing of this Order, file with the Com­ 8:49 a.m.] innocence. It seems to us, therefore, mission, in triplicate, a written appear­ that even if the evidence discloses that ance stating an intention to appear on Maler was, to some extent and in some the date fixed for the hearing and pre­ manner, responsible for the letters and sent evidence on the issues specified in CIVIL AERONAUTICS BOARD other documents, we must further deter­ this Order; and mine whether such responsibility neces­ It is further ordered, That the ap­ [Docket No. 15573 etc.] sarily reflects adversely on his character plicant herein shall, pursuant to section SCANDINAVIAN AIRLINES SYSTEM and, if so, whether the public interest 311(a) (2) of the Communications Act of ET AL. would necessarily require us to deny the 1934, as amended, and § 1.594(a) of the application. Clearly, a full and complete Commission’s rules, give notice of the Notice of Prehearing Conference record of all of the facts and circum­ hearing within the time and in the man­ stances surrounding the writing of these Scandinavian Airlines System, Docket ner prescribed in such rule, and shall 15573; Lufthansa German Airlines, letters and other documents is necessary advise the Commission of the publica­ in order to enable us to resolve these Dockets 15578 and 15579; KLM Royal tion of such notice as required by § 1.594 Dutch Airlines, Docket 15580. questions. An evidentiary hearing is the (g) of the rules. only tool available to us for that purpose. Applications of Scandinavian Airlines We will, therefore, upon our own motion, Adopted: September 30,1964. System, Lufthansa German Airlines, and KLM Royal Dutch Airlines for for­ designate this matter for hearing. The Released: October 2, 1964. Commission, after due deliberation, has eign air carrier permits to serve points determined that it will not make Spanish F ederal Communications in the State of Alaska. International a party to this proceeding. Commission, Notice is hereby given that a prehear­ 12. In view of the foregoing, except as [seal] B en F. Waple, ing conference on the above-entitled ap­ indicated by the issues specified below, Secretary. plications is assigned to be held on Oc­ we find that the applicant is legally, [F.R. Doc. 64-10262; Filed, Oct. 7, 1964; tober 12, 1964, at 10:00 a.m., e.d.s.t., in financially and technically qualified to 8:49 a.m.] Room 1027, Universal Building, Florida construct, own and operate the proposed and Connecticut Avenues NW., Wash­ ington, D.C., before Examiner James S. television station. However, the Com­ [Docket No. 15618; FCC 64M-972] mission is unable to make the statutory Keith. finding that a grant of the application MARION MOORE Dated at Washington, D.C., October 2, would serve the public interest, conven­ 1964. ience and necessity, and is of the opin­ Order After Prehearing Conference ion that the application must be desig­ [seal] F rancis W. B rown, In re application of Marion Moore, Chief Examiner. nated for hearing on the issues set forth Joshua Tree, California, Docket No. below. 15618, File No. BP-14358; for construc­ [F.R. Doc. 64-10269; Filed, Oct. 7, 1964; Accordingly, it is ordered, That, pur­ tion permit. 8:50 a.m.] suant to section 309(e) of the Communi­ The Hearing Examiner having under cations Act of 1934, as amended, the consideration the procedures developed [Docket No. 15573 etc.] above-captioned application of Interna­ during prehearing conference held tional Panorama TV, Inc. is designated today; SCANDINAVIAN AIRLINES SYSTEM for hearing at a time and place to be It is ordered, This 2d day of October ET AL. 1964, (1) that the hearing , is hereby re­ specified in a subsequent Order, upon Notice of Hearing the following issues: scheduled and will commence at 10 a.m., on Monday, November 30, 1964, at the Scandinavian Airlines System, Docket 1. To determine whether Angel Lerma Commission’s offices, Washington, D.C.; 15573; Lufthansa German Airlines, Maler was responsible for the actions of (2) that engineering data will be pre­ Dockets 15578 and 15579; KLM Royal Alexander G. Golomb (also known as pared in written affidavit form under Dutch Airlines, Docket 15580. Alexander G. Colombo) in writing letters oath of the consulting engineer having Notice is hereby given, pursuant to the and other documents referred to in this knowledge of the facts, and exchanged provisions of the Federal Aviation Act of Memorandum Opinion and Order and, among other counsel, with one copy of 1958, as amended, that a hearing on the if so, the nature and extent thereof. each such exhibit to the Examiner, by above-entitled applications is assigned Thursday, October 8, 1964 FEDERAL REGISTER 13917 to be held on October 12, 1964, at 2:00 ingly, the certificate will be amended by herein, and upon consideration of the p.m., e.d.s.t., in Room 1027, Universal changing the certificate holder to Mar­ record, Building, Florida and Connecticut Ave­ shall R. Young Drilling Company; the The Commission finds : nues NW., Washington, D.C., before Ex­ rate schedule will be redesignated as that (1) Each Applicant herein is a “nat­ aminer James S. Keith, of Marshall R. Young Drilling Company; ural-gas company” within the meaning Dated at Washington, D.C., October 2, Marshall R. Young Drilling Company will of the Natural Gas Act as heretofore 1964. be made sole respondent in the proceed­ found by the Commission or will be en­ ings pending in Docket Nos. RI61-499 gaged in the sale of natural gas in inter­ [seal] F rancis W. B rown, and RI64-722; and the agreement and state commerce for resale for ultimate Chief Examiner. undertaking filed in Docket No. RI61-499 public consumption, subject to the juris­ [F.R. Doc. 64-10270; Filed, Oct. 7, 1964; will be construed as though it were filed diction of the Commission, and will, 8:50 -a.m.] by Marshall R. Young Drilling Company therefore, be a “natural-gas company” as sole owner and not as co-owner and within the meaning of said Act upon the operator. commencement of the service under the Amerada Petroleum Corporation, Ap­ respective authorizations granted here­ FEDERAL POWER COMMISSION plicant in Docket No. CI63-1426, proposes inafter. [Docket No. 0-12245 etc.] to continue the sale of natural gas here­ (2) The sales of natural gas herein­ tofore authorized in said docket in lieu before described, as more fully described MARSHALL R. YOUNG DRILLING CO. of Landmark Oil, Inc., pursuant to a in the respective applications, amend­ ET AL. contract heretofore designated as Land­ ments and/or supplements herein, will mark’s FPC Gas Rate Schedule No. 1 be made in interstate commerce, subject Findings and Order which will be redesignated as a rate to the jurisdiction of the Commission, S eptember 28, 1964. schedule of Amerada. Landmark ac­ and such sales by the respective Appli­ Findings and order after statutory quired the subject properties from The cants, together with the construction hearing issuing certificates of public Superior Oil Company as a partial suc­ and operation of any facilities subject to convenience and necessity, amending cessor in interest. Superior was author­ the jurisdiction of the Commission neces­ certificates, permitting and approving ized to sell natural gas from the subject sary therefor, are subject to the require­ abandonment of service, terminating properties pursuant to its FPC Gas Rate ments of subsections (c) and (e) of certificates, making successors in interest Schedule No. 30. The effective rate section 7 of the Natural Gas Act. co-respondents, redesignating proceed­ under the contract comprising Superior’s (3) The sales of natural gas by the ings, requiring filing of agreement and and Landmark’s rate schedules was in respective Applicants, together with the undertaking, accepting agreement and effect subject to refund in Docket No. construction and operation of any facili­ undertaking for filing,“ and accepting RI62-445 at the time Superior assigned ties subject to the jurisdiction of the related rate schedules and supplements the property to Landmark and the rate Commission necessary therefor, are re­ for filing. at the present time is still in effect sub­ quired by the public convenience and Each of the Applicants listed herein ject to refund in said docket. Accord­ necessity and certificates therefor should has filed an application pursuant to sec­ ingly, Landmark will be made a co­ be issued as hereinafter ordered and tion 7 of the Natural Gas Act for a certifi­ respondent in the proceeding pending in conditioned. cate of public convenience and necessity Docket No. RI62-445 insofar as said pro­ (4) The respective Applicants are able authorizing the sale and delivery of natu­ ceeding pertains to sales' from January 1, and willing properly to do the acts and ral gas in interstate commerce, for per­ 1963, to February 1, 1964, pursuant to its to perform the services proposed and to mission and approval to abandon service, FPC Gas Rate Schedule No. 1; Amerada conform to the provisions of the Natural or a petition to amend an existing certifi­ will be made a co-respondent in the pro­ Gas Act and the requirements, rules and cate authorization, all as more fully de­ ceeding pending in Docket No. RI62-445 regulations of the Commission there­ scribed in the respective applications and insofar as said proceeding pertains to under. petitions (and any supplements or sales on and after February 1, 1964, pur­ (5) It is necessary and appropriate in amendments thereto) which are on file suant to its FPC Gas Rate Schedule No. carrying out the provisions of the Nat­ with the Commission. 120 (as so redesignated herein); said ural Gas Act and the public convenience The Applicants herein have filed re­ proceeding will be redesignated; and and necessity require that the certificate lated FPC Gas Rate Schedules and pro­ Landmark will be required to file an authorizations heretofore issued by the pose to initiate or abandon, add or delete agreement and undertaking to assure the Commission in Docket Nos. G-12245, natural gas service in interstate com­ refund of any amounts collected by it in CI61-658, CI63—148, CI63-738, CI63-951, merce

the Commission. tabulation herein. ,

(S) The respective related rate sched­ C165-104...... Sohio Petroleum Co. Panhandle Eastern Pipe Ratification Agreement 103 1964 8, October By the Commission. (C163-738) (partial succession).»» Line Co., acreage in 10-1-62. ules and supplements as indicated in the A 8-3-64 Dewey County, Okla. Contract 5-5-60...... 103 1 tabluation herein, are hereby accepted [seal] Joseph H. Outride, Letter 7-17-64.... r...... 103 2 for filing; further, the rate schedules re- Secretary. CI65-116—. Sun Oil Co. (South­ El Paso Natural Gas Co., 175 A 8-7-64 west division). East Panhandle Field, Wheeler County, Tex. FPC rate schedule' to be accepted CI65-117—. Penn-Ohio Gas Co...... Hope Natural Gas Co., Notice of Cancellation 6 10 Docket No. Purchaser, field and (G-7275) Union District, Harri­ 8-4-64.« »* and date filed Applicant location B 8-6-64 son County, W. Va. Description and date No. Supp. CI65-118__ Skinner Corp. (Opera­ Tennessee Gas Trans­ Notice of Cancellation 3 7 of document (G-10691) tor), etaL mission Co., East Pla- 7-31-64.« » B 8-6-64 cedo Field, Victoria County, Tex. G-12245.. Marshall R. Young United Gas Pipe Line Marshall R. Young 1 CI65-119__ R. H. Adkins d/b/a United Fuel Gas Co., Contract 7-13-64 * 91 6-1-64» Drilling Co. (formerly Co., Ashley Field, Han­ Drilling Co. (Opera­ A 8-6-64 Toney Gas Co. Duval District, Lincoln Marshall R. Young cock County, Miss. tor), et al., FPC GRS County, W. Va. Drilling Co. (Opera­ No. 1. CI65-120.il. Louis J. Ramirez d/b/a Equitable Gas Co., Glen- 1 tor), et al.). Supplement Nos. 1-2__ 1 1-2 A 8-7-64 Pacific States Gas and ville District, Gilmer Conveyance 7-11-61___ s 1 3 Oil Co. County, W. Va. Effective date: 8-1-61... CI65-121-... Sohio Petroleum Co___ Cities Service Gas Co., 104 C161-658__ A. M. Snider, et al. Hope Natural Gas Co., Letter Agreement 7-14- 1 1 A 8-10-64 Northeast Waynoka C 8-12-64 d/b/a Hundred Qas Meade District, Mar­ 64.* Field, Woods County, Co. shall County, W. Va. Okla. C .165-123««.. Ashland Oil & Refining Kansas-Nebraska Natural Contract 1-20-64______165 A 8-10-64 Co. Gas Co., Inc., acreage Amendment 5-8-64 »___ 165 1 CI63-148.__ The Pure Oil Co. Michigan-Wisconsin Pipe Notice of partial cancel­ 76 6 in Beaver County, Okla. D 7-27-64 Line Co., acreage in lation 7-23-64.«4 CI65 124— Amerada Petroleum Cities Service Gas Co., 123 REGISTER FEDERAI Woodward County, A 8-10-64 Corp. Duncan-Bixler Unit, Okla. North Waynoka Field, C163-951__ W.H. Hildreth, et al... Hope Natural Gas Co., Letter Agreement 6-22- 5 2 Woods County, Okla. C 8-12-64 Spencer District, Roane 64.« C165-125___ Sohio Petroleum Co— Lone Star Gas Co., East 105 County, W. Va. A 8-10-64 Washington Field, Mc­ Contract 5-1-64 *______105 1 C163-1426— Amerada Petroleum El Paso Natural Gas Co., Landmark Oil, Inc., 4120 Clain County, Okla. E 6-22-64 Corp. (successor to Spraberry Trend Area, FPC GRS No. 1.» CI65-126— 1. William Shepard______United Fuel Gas Co., Contract 11-15-68 *...... 1 Landmark OH, Inc.). Glasscock County, Tex. Supplement No. 1 120 1 A 8-12-64 Geary District, Roane Notice of succession Gounty, W. Va. 6-19-64. CI65-128___ Anadarko Production Panhandle Eastern Pipe Notice of Cancellation SI 2 Assignment 2-1-64____ 120 2 (Cl 61-700) Co. Line Co» Eva Area 4-17-64.4 « Effective date: 2-1-64... B 8-11-64 Field, Texas County, CI64-733—. Joseph H. Hager d/b/a Hope Natural Gas Co., Letter Agreement 2-11- 3 1 Okla. C 8-14-64 Little Swiss Oil & Oas Murphy and Union Dis- 64. CI65-129___ Eason Oil Co...... Lone Star Gas Co., Sho- 20 Properties. tricts, Ritchie County, Letter Agreement 7-23- 3 2 A 8-12-64 lem Alechem Field, Car­ W. Va. 64.« ter County, Okla. CI64-887___ Petroleum Resources, Hope Natural Gas Co., Letter Agreement 5-19- 1 1 CI65-130___ Patrick J. O’Homett—. Cities Service Gas Co., 2 C 8-12-64 Inc., et al. Glenville D is tric t, 64.* A 8-12-64 Barey No. 1-4 Unit, Gilmer County, W. Va. Beaver County, Okla. C164-1355__ D. A. Dorward, et al___ Supplemental Agree­ 8 1 CI65-131___ Oxli Partnership____ U Oklahoma Natural Gas 1 C 8-7-64 ment 5-28-64.* A 8-12-64 Gathering Corp., Ring- C164-1427... Anadarko Production Panhandle Eastern Pipe Supplement agreement 82 1 wood Field, Major C 8-10-64 Co. Line Co» Carthage Gas 7-1-64.* County, Okla. Field, Morton County, C I65-13r...... Sunray DX Oil Co____ . Lone Star Gas Co., Penn- 247 Kans. A 8-13-64 Griffith Field, Rusk CI64-1462.. Sunray DX Oil Co. CRA, InC. (formerly The Contract 2-26-64...... 246 County, Tex. A 6-8-64 Cooperative Refinery Letter agreement 4-17- 246 1 CI65-137.___ Dorothy Collett, agent Hope Natural Gas Co., Notice of Cancellation 1 2 •Association)7 Numa 64.» (CJ62-1116) for Raymond Oil Co. Union District, Tyler 8-13-64.4 » Field, Grant County, B 8-14-64 County, W. Va. Okla. CI65-16_____ Miles Kimball Co_____ United (las Pipe Line Co., 1 CI65-37___ Pan American Petro­ Lone Star Gas Co., South­ Contract 6-20-64______•398 A 7-9-64 Monroe Field, Morehead Supplemental agreement 1 1 A 7-16-64 leum Corp. east Durant Field, Assignment 3-2-64 *...... 398 1 Parish, La. 9-26-37. Bryan County, Okla. Letter Agreement 8-30- 1 2 CI65-43___ Cities Service Oil Co...... Panhandle Eastern Pipe Ratification 7-2-64 . . 194 54. A 7-20-64 Line Co., Piper No. 1 Contract 5-27-64______194 1 Letter Agreement 12-1- 1 3 Unit, Woods County, Letter 8-3-64 * •____ 194 2 58. Okla. Letter Agreement 12-22- 1 4 CI65-82___ Johnson and Magaw Panhandle Eastern Pipe Contract 10-4-62______2 58. (C164-69) (partial succession).»» Line Co., South Tegar- Amendment 2-1-63____ 2 1 Letter Agreement 7-1-60. 1 5 A 7-31-64 den Field,Woods Amendment 4-15-63 . 2 2 Amendment 10-23-62__ 1 6 County, Okla. Agreement 10-16-63____ 2 3 Assignment 3-5-64____ 1 7 Assignment 10-16-63 «... 2 4 Assignment 5-15-64 *___ 1 8 Piling code: A- -Initial service. B- -Abandonment. C- -Amendment to ad d acreage. 1 Amendment to certificate filed to reflect Marshall R. Young Drilling, Co. in lieu of Marshall R. Young Drilling D- -Amendment to del ete acreage. Co. (Operator), et al., as holder of certificate thereof. 13919 E- -Succession. J Effective date: Date of initial delivery. * Deletes the E/2 Section 30. T22-N, R19W from the contract which acreage is nonproductive. See footnotes at end of table. 4 Effective date: Date of this order. 13920 NOTICES

* Production limited from surface down to and including base of the Spraberry Formation plus 100 feet. of the interest of the person making the «Rate in effect subject to refund in Docket No. RI62-445; also subject to Orders in Docket Nos. G-12950 and G- request, and the position he proposes 15358. 7 CRA will gather the gas, process it and resell the residue gas to Arkansas Louisiana Gas Co. under CRA's FPC to take at the hearing, if ordered. In GR8 No. 6, pursuant to a certificate issued to CRA in Docket No. CI63-632. 8 Present effective rate under basic contract is 15.0 cents per Mcf with a moratorium on the filing of a rate change addition, any interested person may sub­ until September 1,1965, pursuant to Settlement Order issued July 1,1963, as amended December 30,1963. mit his views or any additional facts 8 States Applicant's willingness to accept certificate under same terms and conditions as those in Opinion No. 350. bearing on any of the said applications 18 Partial succession to Shell Oil Co.’s FPC GRS No. 291. » Partial succession to S. J. Sarkey’s FPC GRS No. 2. by means of a letter addressed to the u Production no longer economically feasible. Secretary, Securities and Exchange Com­ »* Source of gas depleted. . „ , , _ 14 Application limited to natural gas produced from below the base of the Wolfcampian Series of the Permian mission, Washington 25, D.C., not later System down to the base of the Mississippian System, and casinghead gas from all depths above the base of the than the date specified. If no one re­ Mississippian System. quests a hearing with respect to any Suggested Agreement and U ndertaking whether the application with respect to particular application, such application BEFORE THE any of the companies named shall be set will be determined by order of the Com­ Federal Power Commission down for hearing. Any such request mission on the basis of the facts stated (Name of respondent) should state briefly the title of the secu­ therein and other information contained in the official files of the Commission Docket No______rity in which he is interested, the na­ ture of the interest of the person making pertaining thereto. Agreement and Undertaking of (Name of the request, and the position he pro­ Respondent) To Comply With Refunding For the Commission (pursuant to dele­ poses to take at the hearing, if ordered. gated authority). and Reporting Provisions of § 154.102 of the In addition, any interested person may Commission’s Regulations Under the Na­ [seal] Orval L. DtrBois, tural Gas Act submit his views or any additional facts bearing on any of the said applications Secretary. (Name of respondent) hereby agrees and undertakes to comply with the refunding and by means of a letter addressed to the [F.R. Doc. 64-10221; Filed, Oct. 7, 1964; reporting provisions of Section 154.102 of the Secretary, Securities and Exchange Com­ 8:46 a.m.] Commission’s Regulations under the Natural mission, Washington 25, D.C., not later Gas Act insofar as they are applicable to the than the date specified. If no one re­ [File Nos. 811-840—811-845] proceeding in Docket N o ._____ (and has quests a hearing with respect to any par­ caused this agreement and undertaking to be ticular application, such application will MANAGED FUNDS PERSONAL executed and sealed in its name by its officers, be determined by order of the Commis­ thereupon duly authorized in accordance INVESTMENT PLAN with the terms of the resolution of its board sion on the basis of the facts stated of directors, a certified copy of which is ap­ therein and other information contained Notice of Application for Order De­ pended heretoJ) this_____ day o f ------in the official files of the Commission claring That Companies Have 196__ pertaining thereto. (Name of Respondent) Ceased To Be Investment Com­ For the Commission (pursuant to dele­ panies By — ------gated authority). Attest: October 2,1964. [F.R. Doc. 64-10072; Filed, Oct. 7, 1964; [seal] Orval L. DtjBois, In the matters of Managed Funds Per­ 8:45 a.m.] Secretary. sonal Investment Plan, Electric Shares, [F.R. Doc. 64-10220; Filed, Oct. 7, 1964; File No. 811-840; Managed Funds Per­ 8:46 a.m.] sonal Investment Plan, Metal Shares, SECURITIES AND EXCHANGE File No. 811-841; Managed Funds Per­ [File Nos. 7-2400—7-2405] sonal Investment Plan, Paper Shares, File No. 811-842; Managed Funds Per­ COMMISSION GREAT ATLANTIC AND PACIFIC sonal Investment P la n , Petroleum [File Nos. 7-2394—7-2399] TEA CO., INC., ET AL. Shares, File No. „811-843; Managed Funds Personal Investment Plan, Special In­ AMERICAN HOME PRODUCTS CORP. Notice of Applications for Unlisted vestment Shares, File No. 811-844; ET AL. Trading Privileges and of Oppor­ Managed Funds Personal Investment Notice of Applications for Unlisted tunity for Hearing Plan, Transport Shares, File No. 811- 845. Trading Privileges and of Oppor­ O ctober 2,1964. Notice is hereby given, that Managed tunity for Hearing In the matter of applications of the Funds Personal Investment Plan—Elec­ October 2,1964. Cincinnati Stock Exchange for unlisted tric Shares, Metal Shares, Paper Shares, trading privileges in certain securities. Petroleum Shares, Special Investment In the matter of applications of the The above named national securities Cincinnati Stock Exchange for unlisted Shares, and Transport Shares (“appli­ trading privileges in certain securities. exchange has filed applications with the cants”), 85 Broad Street, New York 4, The above named national securities Securities and Exchange Commission N.Y., unit investment trusts registered exchange has filed applications with the pursuant to section 12(f) (1) (B) of the under the Investment Company Act of Securities and Exchange Commission Securities Exchange Act of 1934 and 1940 (“Act”), have filed an application pursuant to section 12(f) (1) (B) of the Rule 12f-l thereunder, for unlisted trad­ pursuant to section 8(f) of the Act for Securities Exchange Act of 1934 and ing-privileges in the common stocks of an order declaring that applicants have Rule 12f-l thereunder, for unlisted trad­ the following companies, which securi­ ceased to be investment companies: ties are listed and registered on one or Charming Investment Funds, Inc. ing privileges in the common stocks of more other national securities ex­ (formerly Managed Funds Incorpo­ the following companies, which securi­ changes : rated) , a registered open-end diversified ties are listed and registered on one or Tbe Great Atlantic & Pacific Tea Co., Inc., management investment company filed, more other national securities ex­ File 7-2400; Lockheed Aircraft Corporation, as depositor for applicants, Notifications changes: File 7-2401; J. C. Penney Company, File 7- of Registration and Registration State­ American Home Products Corporation, File 2402; Richardson-Merrell, Inc., File 7-2403; ments under the Act on October 28,1958. 7-2394; C.I.T. Financial Corporation, File 7- Sterling Drug, Inc., File 7-2404; Xerox Cor­ Since that time the applicants have not 2395; Columbia Broadcasting System, Inc., poration, File 7—2405. offered or sold any securities to the pub­ File 7-2396; Communications Satellite Corp., Upon receipt of a request, on or before lic, have acquired no assets of any kind, File 7-2397; Eastern Air Lines, Inc., File 7- October 18, 1964, from any interested and have not transacted any business. 2398; Gillette Company, File 7-2399. person, the Commission will determine A resolution to deregister the Plans has been passed by the Board of Directors of Upon receipt of a request, on or before whether the application with respect to any of the companies named shall be set Charming Investment Funds, Inc. October 18, 1964, from any interested down for hearing. Any such request Section 8(f) of the Act provides, in person, the Commission will determine should state briefly the title of the secu­ pertinent part, that whenever the Com­ 1 If a corporation. rity in which he is interested, the nature mission upon application finds that a Thursday, October 8, 1964 FEDERAL REGISTER 13921

registered investment company has [Notice 1057] ceased to be an investment company, it OFFICE OF EMERGENCY shall so declare by order and upon the MOTOR CARRIER TRANSFER taking effect of such order, the registra­ PLANNING PROCEEDINGS tion of such company shall cease to be October 5,1964. in effect. MISSOURI Notice is further given that any inter­ Synopses of orders entered pursuant ested person may, not later than Octo­ Amendment to Notice of Major to section 212(b) of the Interstate Com­ ber 23, 1964, at 5:30 pan. submit to the Disaster merce Act, and rules and regulations pre­ scribed thereunder (49 CFR Part 179), Commission in writing a request for a Notice of Major Disaster for the State hearing on the matter accompanied by a appear below: of Missouri dated July 8, 1964, and pub­ As provided in the Commission's spe­ statement as to the nature of his interest, lished July 15, 1964 (29 F.R. 9579), as cial rules of practice any interested per­ the reason for such request and the is­ amended, dated July 22, 1964, and pub­ son may file a petition seeking recon­ sues of fact or law proposed to be con­ lished July 29, 1964 (29 F.R. 10537) is sideration of the following numbered troverted, or he may request that he be hereby further amended to include the proceedings within 20 days from the date notified if the Commission shall order a following counties among those counties of publication of this notice. Pursuant hearing thereon. Any such communica­ determined to have been adversely af­ to section 17(8) of the Interstate Com­ tion should be addressed: Secretary, fected by the catastrophe declared a merce Act, the filing of such a petition Securities and Exchange Commission, major disaster by the President in his will postpone the effective date of the Washington, D.C., 20549. A copy of such declaration of July 8,1964: order in that proceeding pending its dis­ request shall be served personally or by Holt. Mississippi. position. The matters relied upon by pe­ mAil (air mail if the person being served Dated: October 2, 1964. titioners must be specified in their peti­ is located more than 500 miles from the tions with particularity. point of mailing) upon applicant at the E dward A. McDermott, No. MC-FC 67142. By order of Sep­ address stated above. Proof of such tember 30, 1964, the Transfer Board ap­ service by (affidavit or in case of an Director, Office of Emergency Planning. proved the transfer to Fleming’s Ex­ attomey-at-law by certificate) shall be press, Inc., Walpole, Mass., of Certificate filed contemporaneously with the re­ [F.R. Doc. 64-10264; Filed, Oct. 7, 1964; in No. MC 63772, issued October 24, 1951, quest. At any time after such date, as 8:49 ajn.]^ to Edward J. Healy and William M. provided by Rule 0-5 of the rules and Healy, a partnership, doing business as regulations promulgated under the Act, Maurice Healy & Sons, Boston, Mass., an order disposing of the application INTERSTATE COMMERCE authorizing the transportation of: Gro­ herein may be issued by the Commission ceries, packinghouse products, and dairy upon the basis of the showing contained COMMISSION products, from Boston, Mass., to Man­ in said application unless an order for chester and Nashua, N.H., and points in hearing upon said application shall be FOURTH SECTION APPLICATIONS Massachusetts within 60 miles of Boston, issued upon request or upon the Commis­ FOR RELIEF sion’s own motion. and between Boston, Mass., on the one October 5,1964. hand, and, on the other, Pawtucket and For the Commission (pursuant toUele- Protests to the granting of an appli­ Providence, R.I. George J. Elbaum, 11 gated authority). cation must be prepared in accordance Beacon St. Boston, Mass., 02108, attor­ ney for applicants. [seal] O rval L. D uB o is , with Rule 1.40 of the general rules of practice (49 CFR 1.40) and filed within No. MC-FC 67185. By order of Sep­ Secretary. tember 30, 1964, the Transfer Board ap­ [F.R. Doc. 64-10222; Filed, Oct. 7, 1964; 15 days from the date of publication of this notice in the F ederal R egister. proved the transfer to Mark R. Reis, 8:46 a.m.] doing business as Reis Truck Line, 7 Long-and-S hort H aul North Jackson Street, Aberdeen, S. Dak., FSA No. 39299: Soybeans to Fredonia, of Certificate No. MC 120387 Sub 1, is­ HOUSING AND HOME Kans. Filed by Southwestern Freight sued September 9, 1964, to Donald D. Bureau, agent (No. B-8614), for inter­ Rogers, Post Office Box 736, Aberdeen, FINANCE AGENCY ested rail carriers. Rates on soybeans, S. Dak., authorizing the transportation in bulk, in carloads, from specified points of general commodities, including house­ Office of the Administrator in Arkansas and Missouri, to Fredonia, hold goods and commodities in bulk, Kan. between Aberdeen, S. Dak., and Lang­ ACTING DIRECTOR, DIVISION OF Grounds for relief: Carrier competi­ ford, S. Dak., serving intermediate points FINANCE AND ACCOUNTS tion. of Groton, Andover and Pierpont, Tariffs: Supplements 13 and 48 to S. Dak. Designation No. MC-FC 67193. By order of Sep­ Southwestern Freight Bureau, agent, tember 30, 1964, the Transfer Board ap­ The officer appointed to the position tariffs I.C.C. 4483 and 4494, respectively. proved the transfer to Zerkle Trucking of Deputy Director, Division of Finance FSA No. 39300: Joint motor-rail Company, a corporation, Middleport, and Accounts, Office of the Administra­ rates—Southern Motor Carriers. Filed by Southern Motor Carriers Rate Con­ Ohio, of the operating rights issued by tor, Housing and Home Finance Agency, ference, agent (No. 101), for interested the Commission, September 30, 1960, is hereby designated to serve as Acting carriers. Rates on various commodities under Certificate No. MC 119771, to Director, Division of Finance and Ac­ moving on class and commodity rates Hallie Zerkle, doing business as Zerkle counts, during the absence of the Di­ over joint routes of applicant rail and Transfer Co., Middleport, Ohio, author­ rector, Division of Finance and Accounts, motor carriers, between points in mid- izing the transportation, over irregular with all the powers, functions, and duties dlewest territory, on the one hand, and routes, of petroleum products, in metal delegated or assigned to the Director, points in southern territory, on the other. cans and other packages, from Cabin Division of Finance and Accounts. Grounds for relief: Motortruck com­ Creek, W. Va., to points in Ohio, and petition. empty petroleum containers, from points (62 Stat. 1283 (1948), as amended by 64 stat. in specified parts of Ohio to Cabin 80 (1950), 12 U.S.C. 1701c) Tariff: Supplement 5 to Southern Motor Carriers Rate Conference, agent, Creek, W. Va.; petroleum products, in Effective as of September 30, 1964. packages, from Cabin Creek, W. Va., to tariff MF-I.C.C. 1312. points in Ohio, and return with empty [seal] R obert C. Weaver, By the Commission. petroleum-product containers; fresh Housing and Home [seal!™' Harold D. McCoy, meats, packinghouse products, and such Finance Administrator. other commodities as are dealt in or dis­ Secretary. tributed by packinghouses, and advertis­ [FH. Doc. 64-10306; FUed, Oct. 7, 1964; [FJEt. Doc. 64-10247; Filed, Oct. 7, 1964; 8:50 ajn.] ing matter used in promoting the sale of 8:48 a.m.] such commodities, from Middleport, 13922 NOTICES Ohio, and Huntington and Parkersburg, of such business, between points within Henry P. Willimon, Post Office Box 1075, W. Va., to points in Ohio and West Vir­ a described territory in New Jersey, Dela­ Greenville, S.C., attorney for applicants. ginia; food products, from Cincinnati, ware, and Pennsylvania, and fruits, vege­ [seal] Harold D. McCoy, Ohio, to points in West Virginia; salt, tables, farm products, poultry, and sea v Secretary. from Pomeroy, Ohio, to points in West food, in the respective seasons of their [F.R. Doc, 64-10248; Filed, Oct. 7, 1964; Virginia and Kentucky; meats, from production, from points in New Jersey, 8:48 a.m.] Middleport, Ohio, to points in West Vir­ Pennsylvania, and Delaware to points in ginia; cheese and packinghouse products the described territory in New Jersey, (not including meats) from Huntington Delaware, and Pennsylvania. Louis E. [Notice 1057—A] Levy, 226 South 16th Street, Philadel­ and Parkersburg, W. Va., to points in MOTOR CARRIER TRANSFER Ohio, with restriction, oils and greases phia, Pa., 19102, attorney for applicants. in containers, from St. Marys, W. Va., to No. MC-FC 67249. By order of Sep­ PROCEEDINGS Gallipolis, Ohio; and empty containers or tember 30, 1964, the Transfer Board ap­ October 5,1964. other articles used in transporting the proved the transfer to White Transport Application filed for temporary au­ immediately above-specified commodi­ Corp., a corporation, Greenville, S.C., thority under section 210(a) (b) in con­ ties, from Gallipolis, Ohio, to St. Marys, applicant in No. MC 97766 Sub 1, BORr- nection with transfer application un­ W. Va. Herbert Baker and Robert T. 99 filed in the name of L. G. White, der section 212(b) and Transfer Rules, Fitzsimons, 50 West Broad Street, Co­ Corean G. White, Executrix, doing busi­ 49 CFR Part 179; lumbus, Ohio, 43215, attorneys for ness as White Truck Line, Greenville, No. MC-FC 67285. Application filed applicants. S.C., for certificate of registration to October 1, 1964 for CALHOUN TRUCK­ No. MC-FC 67214. By order of Sep­ operate in interstate or foreign com­ ING CORPORATION, 319 Jacet Road, tember 30, 1964, the Transfer Board merce authorizing operations under the Kearny, N.J., to temporarily lease the approved the transfer to Dyer Store Fix­ former second proviso of section 206(a) (1) of the Act, supported by South Caro­ operating rights of HUGH F. McGOLD- tures Co., a corporation, Gloucester City, RICK, INC., Hyannis, Mass., under sec­ N.J., of the operating rights in Permit No. lina certificate No. 51 B, authorizing the MC 68234, issued by the Commission Au­ transportation of commodities in gen­ tion 210a(b). The transfer to CAL­ gust 31,1954, to Thomas M. Marshall Co., eral, fertilizer and fertilizer material, HOUN TRUCKING CORPORATION of a corporation, Gloucester City, N.J., au­ farm products and livestock, electrical the operating rights of HUGH » F. thorizing the transportation, over ir­ equipment, fixtures, tools, materials and McGOLDRICK, INC., is pending. supplies for Huntington and Querry, Inc., regular routes, of such merchandise^ as is [seal] Harold D. M cCoy, dealt in by wholesale, retail, and chain Greenville, S.C., sizing compounds, and Secretary. grocery and food business houses, and, materials and return of drums and bar­ in connection therewith, equipment, ma­ rels and canned goods, between specified [F.R. Doc. 64-10249; FUed, Oct. 7, 1964; 8:48 a.m.] terials, and supplies used in the conduct and unspecified, points in South Carolina.

H.R. 4989______Public Law 88-627 Title 2— THE CONGRESS To amend title 28 of the United States Code to transfer the counties of Genesee ACTS APPROVED BY THE PRESIDENT and Shiawassee in the State of Michigan from the Northern Division to the Editorial N ote: After the adjourn­ Southern Division of the Eastern Judi­ ment of the Congress sine die, and until cial District and to authorize a term of all public acts have received final Presi­ court at Ann Arbor. dential consideration, a listing of public laws approved by the President will ap­ H.R. 5932______Public Law 88-631 pear in the daily F ederal R egister under To amend the Federal Employees Health Title 2, The Congress. A consolidated Benefits Act of 1959 so as to authorize listing of the new acts approved by the certain teachers employed by the Board President will appear in the Daily Digest of Education of the District of Columbia to participate in a health benefits plan in the final issue of the Congressional established pursuant to such Act, to Record covering the 88th Congress, Sec­ amend the Federal Employees Group Life ond Session. Insurance Act of 1954 so as to extend Approved October 6, 1964 insurance coverage to such teachers, to provide for retroactive salary increases g_ 1024______-______Public Law 88-629 for certain civilian employees of the Fed­ To authorize the Commissioners of the eral Government, and for other purposes. District of Columbia to pay relocation costs made necessary by actions of the H.R. 10204______Public Law 88-632 District of Columbia government, and To extend the Osage mineral reservation for other purposes. for an indefinite period. H.J. Res. 753______Public Law 88-628 H.R. 12289______,___ _ Public Law 88-630 To authorize the President to proclaim October 15 of each year as White Cane To establish the Lewis and Clark Trail Safety Day. Commission, and for other purposes. Thursday, October 8, 1964 FEDERAL REGISTER 13923

CUMULATIVE CODIFICATION GUIDE— OCTOBER

The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published to date during October. 1 CFR page 15 CFR Page 39 CFR Page CFR Checklist—___ - ...... — , — 13517 367—------— 13570 22______370— ______-_____------______13643 P roposed R ules: 3 CFR 371— — ____ 13643 22______Proclamation: 372— — ------13646 3619- _— ___ —— — 13593 373------13647 41 CFR 3620— ______——___ _ 13627 376—____---- :______13649 9-1 ______;__ 3621__ ——— ———___ __ - 13795 379—----- ____------______13650 9-6 ______Executive Orders: 380 ------— ______13651 9-10______11150 (revoked by EO 11182) _ 13629 381----- —...... ———— 13651 9-16___ *______11181______— _____ —__ 13557 384------_ 13651 9-30_____ 11182— __ —_____ 13629 385— ----- ___------;______;__ 13652 11183______13633' 16 CFR 43 CFR 5 CFR 13— ------13571, 417______213_.______13517,13595,13797 13572, 13655, 13799, 13800, 13892 P ublic Land Orders: 1201— _____ — ______13869 3453______17 CFR 3454______P roposed R ules : 3455______7 CFR 240— ------____ 13777 27-----—:------13797 3456______33____ - ______;______13559 20 CFR 3457______706— ------13885 501— ___ 13519 45 CFR 728— ______13595,13635 21 CFR 751------—______13559 105______855— _____ 13595 8------— 13893 864------___ ------13637 120------______13771 47 CFR 871— .— 1______13890 121— — ------______13534, 0 — ______873------;------— 13565 13572/13573, 13802, 13894, 13895 l ____ —„____ _ 13815,13816 905—— ------13599-13601 146— :— ______-J 13895 17______908------._ 13797 P roposed R ules: 43______910------_------— ____— 13601 27------_____----- 13535,13536 73 ______13818,13896 944------13602,13603 26 CFR 8 3 ______984----- ,__ 13603 1—-----______------13896 P roposed R ules: 1001— 1— ------13798 P roposed R ules: 97______1427----- 13567 1------— _— _— ____ 13772 1485------;______13639 49 CFR Proposed R ules: 29 CFR^ 136 ______46------— ------_„_ 13535 511------_„_ 13802 P roposed R ules: 1033------z ___ 13535 P roposed R ules: 170 1034—___ 13535 610—------___------._------13903 1061______13772 612------— ___—______13903 50 CFfr 1064— r______13772 614—------13903 12—______. 1104_—____ 13774 615_„-— ------13903 32;______1106-----— ------______13774 30 CFR 13577, 13641, 13642 13900, 13901 12 CFR P roposed R ules: 253______14------______------13822 P roposed R ules: 1------— — 13568-13570,13798,13869 256______204------— ------___;___ 13604 32 CFR 217------— _------13604 56------— ------13802 P roposed R ules: 137—------—— ------13803 Announcing: Volume 77A 545------____--- 13834 Ch. VII------13656 803------___------—— ------13803 13 CFR 826------— ------13805 UNITED STATES 109__ _ —------___ 13518 828— ------13805 121____ ------______13571 830— ------L.-----— 13805 STATUTES AT LARGE 831— ------______13806 14 CFR 832_------13807 containing 71 [New]------13798,13709 842— ______------13807 TARIFF SCHEDULES OF THE 73 [New]------______13604 845—------13869 91 [New]___ _ iqc-iq 846------_____------______13871 UNITED STATES 9 ^ [New]___— .jsjj 850------13872 Promulgated during the First Session of the 248— —— — 13528 870------____------— ______13873 Eighty-eighth Congress (1963) 13799 881------__------13873 507 ___ II_Z— I— IH" — 13604 905_-----______------13883 Price: $4.25 Proposed Rules: 906------13883 71 [New]------.__------136IO, 920—------13885 Published by Office of the Federal Register, 13611,13828, 13829, 13904, 13905 National Archives and Records Service, 73 [New]------13906,13907 33 CFR General Services Administration 91 [New]__ TÌQ07 203—------.-______------13518 Ocder from Superintendent of Documents, 151 cNew]___ìS 38 CFR United States Government Printing Office, 507------———— 13827 6______‘__ i______13K7^ Washington, D.C., 20402 &U7------,—----- 13833,13908 8------*13573,13810 No. 197----- 8

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Latest Edition in the sériés of... PUBLIC PAPERS OF THE PRESIDENTS OF THE UNITED STATES John F. Kennedy, 1963 Contains verbatim transcripts of the President’s news conferences and speeches and full texts of messages to Congress and other mate­ rials released by the White House during the period January 1- November 22, 1963. Among the 478 items in the book are: special messages to the Congress on education, youth conservation, needs of the Nation’s senior citizens, and on improving the Nation’s health; radio and tele­ vision addresses to the American people on civil rights and on the nuclear test ban treaty and the tax reduction bill; joint statements with leaders of foreign governments; and the President’s final remarks at the breakfast of the Fort Worth Chamber of Commerce. Also included is the text of two addresses which the President had planned to deliver on the day of his assassination; President Johnson’s proc­ lamation designating November 25 a national day of mourning; and remarks at the White House ceremony in which President Kennedy was posthumously awarded the Presidential Medal of Freedom. r> * Q.OO and the events of history, historians, librarians, and Government ^ officials.

VOLUMES of PUBLIC PAPERS of the PRESIDENTS currently available: Contents: HARRY S. TRUMAN • Messages to the Congress 1945______$5.50 1947-______$5.25 • Public speeches 1946______$6.00 1948______$9.75 • The President’s news conferences DWIGHT D. EISENHOWER: 1953______$6.75 1957______$6.75 • Radio and television reports to the 1954______$7.25 1958______$8.25 American people _ _ *7.00 1955______$6.75 1959______• Remarks to informal groups 1956------______$7.25 1960-61______$7.75 • Public letters JOHN F. KENNEDY: 1961______$9.00 1962______$9.00 1963------______$9.00 Order from th e : Superintendent of Documents Volumes are published annually, soon after the close of each year. Government Printing Office Earlier volumes are being issued periodically, beginning with 1945. Washington, D.C. 20402