FEDERAL REGISTER V O L U M E 34 • N U M B E R 168 Wednesday, September 3,1969 • Washington, D.C. Pages 13963-14018
Agencies in this issue— Atomic Energy Commission Civil Aeronautics Board Civil Service Commission Consumer and Marketing Service Education Office Federal Aviation Administration Federal Communications Commission Federal Register Administrative Committee Federal Reserve System Federal Trade Commission Fish and Wildlife Service Food and Drug Administration Indian Affairs Bureau Interior Department Interstate Commerce Commission Land Management Bureau National Park Service Securities and Exchange Commission State Department Transportation Department Detailed list o f Contents appears inside» Subscriptions Now Being Accepted
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91st Congress, 1st Session 1969
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AGRICULTURE DEPARTMENT FEDERAL AVIATION FOOD AND DRUG See Consumer and Marketing ADMINISTRATION ADMINISTRATION Service. Rules and Regulations Proposed Rule Making ATOMIC ENERGY COMMISSION Airworthiness directives: Food flavorings; vanilla powder, Allison Model 250-C10 and identity standard; optional use Notices Model 250-C18 series engines. 13969 of gum acacia______.______13999 Army Materials and Mechanics Allison Model 250-C18 engines.. 13968 Research Center; issuance of Fairchild Hiller aircraft------13968 Notices amended facility license------14003 Sikorsky helicopters------— 13969 Methanearsonate herbicides; tol Oregon State University; amend Standard instrument approach erances . . . ______14003 ment to facility license------14003 procedures; miscellaneous . amendments______13970 HEALTH, EDUCATION, AND CIVIL AERONAUTICS BOARD Proposed Rule Making WELFARE DEPARTMENT Notices Control zone and transition area; ATAR Computer Systems, Inc.; proposed alteration------1— 13999 See Education Office; Food and postponement of oral argument- 14004 Drug Administration. FEDERAL COMMUNICATIONS INDIAN AFFAIRS BUREAU CIVIL SERVICE COMMISSION COMMISSION Rules and Regulations Rules and Regulations Notices Excepted service: FM broadcast stations, Panama Superintendent, Pine Ridge Agen Commerce Department et al___ 13968 cy; delegation of authority_____ 14001 Small Business Administration. 13968 City, Fla.; table of assignments. 13989 Industrial radio services; policy Notices governing assignment of fre INTERIOR DEPARTMENT Authority to make noncareer ex quencies ______13990 See also Fish and Wildlife Service; ecutive assignments: Proposed Rule Making Indian Affairs Bureau; Land Defense Department______14004 Certain FM broadcast stations; Management Bureau; National Economic Opportunity Office__ 14004 Park Service. General Services Administra table of assignments------14000 tion ______14004 Notices Notices Health, Education, and W el World administrative radio con fare Department______14004 Statements of changes in finan- ference of International Télé cial interests: ' Veterans Administration______14004 communication Union------14005 Education Program Officer (Spe Griffin, Patrick N______14002 cial Assistant for Urban Edu Martin, W. I ______14002 cation) ; manpower shortage, FEDERAL REGISTER Wall, Ellerton E______14002 notice of listing______14005 ADMINISTRATIVE COMMITTEE INTERSTATE COMMERCE Revocation of authority to make CFR checklist______13967 noncareer executive assign COMMISSION ments: Agriculture Department___;____ 14004 FEDERAL RESERVE SYSTEM Proposed Rule Making Navy Department______14004 Notices Regulations governing fees for Title changes in noncareer execu First Empire State Corp.; order services performed in connection tive assignments: disapproving action to become with licensing and related ac Economic Opportunity Office (2 bank holding company------14010 tivities; extension of time______14000 documents)______14004,14005 U.S. Commission on C iv il FEDERAL TRADE COMMISSION Notices Rights ____ 14005 Louisville and Nashville Railroad Rules and Regulations CONSUMER AND MARKETING Co.; rerouting or diversion of Administrative opinions and rul SERVICE tra ffic ______:__14016 ings: Transfer proceedings (3 docu Rules and Regulations Origin disclosure of imported thread guides______13988 m ents).____... ______14017,14018 Poultry products: Motor carrier : - Labeling requirements______13991 Request denied for approval to Use in cooked sausage.______13992 sell dairy company to any Temporary authority applica dairy company under Com tions ______i______14016 Proposed Rule Making mission order______13988 Milk in Georgia and Chattanooga, Labeling of imported magnetic LAND MANAGEMENT BUREAU Term., marketing areas; recom recording tape______13988 mended decision______.______13994 Notices Oranges; import regulations__ _ 13994 FISH AND WILDLIFE SERVICE California: Rules and Regulations Amendment to proposed with EDUCATION OFFICE drawal and reservation of Notices Lostwood National Wildlife Ref uge, N. Dak.; hunting_:______13991 lands ______:______14001 List of accrediting bodies and Proposed classification of pub Notices State agencies recognized by lic lands for transfer out of Commissioner of Education as Breton National Wildlife Refuge; Federal ownership______14001 reliable authority for approval notice of public hearing regard of nurse education______14003 ing wilderness proposal______14002 ( Continued on next page) 13965 13966 CONTENTS
NATIONAL PARK SERVICE SECURITIES AND EXCHANGE STATE DEPARTMENT COMMISSION Notices Proposed Rule Making Notices Chief, Administrative Division et al.; delegation of authority____ 14001 Mount Rainier National Park Hearings, etc.: Washington; fishing, mountain American Electric Power Co., TRANSPORTATION DEPARTMENT climbing, and elimination, of Inc______14010 See also Federal Aviation Admin duplicated material______13994 Computer Counselling, Inc_____14011 istration. Connecticut General Life In Notices surance CÔ., and CG Variable Notices Annuity Account I I ______14012 St. Lawrence Seaway Development National register of historic du Pont, E. I. de Nemours and Corp.; revocation of notice of places______14002 Co ______14013 Acting Administrator______14003 Federal Oil Co______14014 Federated Purchaser, Inc______14014 Hawaiian Electric Co., Inc_____14014 Pacific Fidelity Corp______14015 Travelers Equities Fund, Inc., and Travelers Equities Sales, Inc______14015
List of CFR Parts Affected
The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulative list of parts affected, covering the current month to date, appears at the end of each issue beginning with the second issue of the month. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1, 1969, and specifies how they are affected.
5 CFR 14 CFR 4 7 CFR 213 (2 documents) — . ____ 13968 39 (4 documents)______13968,13969 73______13989 97 ______13970 •91 ______13990 7 CFR P roposed R u l e s : P roposed R u l e s : 81 ______13991 7 1 ______13999 73______...... ______14000 P roposed R u l e s : 16 CFR 4 9 CFR 944______13994 1007______13994 15 (3 documents)______13988 P roposed R u l e s : 1090______13994 1002______—_ ...... _14000 21 CFR 9 CFR P roposed R u l e s : 5 0 CFR 317______- 13992 22______13999 32____ ^...... 13991 36 CFR P roposed R u l e s : 7______13994 13967 Rules and Regulations
CFR Unit: Price CFR Unit: Price Title 1— GENERAL PROVISIONS 9 (Rev. Jan. 1, 1969)______2.00 30 (Rev. Jan. 1, 1969)______1. 50 Chapter I— Administrative Committee 10 (Rev. Jan. 1, 1969)____— 1. 50 31 (Rev. Jan. 1, 1969)______2.75 11 [Réserved] 32 Parts: of the Federal Register 12 Parts: 1-8 (Rev. Jan. 1, 1969— 3. 00 CFR CHECKLIST 1-299 (Rev. Jan. 1,1969) _ 2. 00 9-39 (Rev. Jan. 1, 1969) _ 2. 00 300-end (Rev. Jan. 1, 40-399 (Rev. Jan. 1, This checklist, arranged in order of 1969) ______:______2.00 1969) _____ 2. 75 titles, shows the issuance date and price 13 (Rev. Jan. 1, 1969)_____ 1.25 400-589 (Rev. Jan. 1, of current bound volumes and supple 14 Parts: 1969) ______2.00 ments of the Code of Federal Regula 1-59 (Rev. Jan. 1, 1969) _ 2. 75 590-699 (Rev. Jan. 1, tions. The rate for subscription service 60-199 (Rev. Jan. 1, 1966) ______4.25 to all revised volumes and supplements 1969) ______2.50 (Supp. Jan. 1, 1969)_____ . 50 issued as of January 1, 1969, is $150 200-end (Rev. Jan. 1, 700-799 (Rev. Jan. 1, domestic, $40 additional for foreign mail 1969) ______2. 75 1969) ______;_ 3.50 ing. The subscription price for revised 15 (Rev. Jan. 1, 1969)______2.00 800-999 (Rev. Jan. 1, volumes to be issued as of January 1, 16 Parts: . 1969) ______2. 00 1970, will be $175 domestic, $50 addi 0- 149 (Rev. Jan. 1, 1969) _ 2. 75 1000-1199 (Rev. Jan. 1, tional for foreign mailing. 150-end (Rev. Jan. 1, 1969) ______1.50 Order from Superintendent of Docu 1969) ______2. 00 1200-1599 (Rev. Jan. 1, ments, Government Printing Office, 17 (Rev. Jan. 1, 1969)______2.75 1969) _____;____ 1.75 Washington, D.C. 20402. 18 (Rev. Jan. 1, 1969) ______4. 00 1600-end (Rev. Jan. 1, CFR Unit: Price 19 (Rev. Jan. 1, 1969) ______2.75 1969) ______1.00 1 (Rev. Jan. 1, 1969)______$1. 00 20 (Rev. Jan, 1, 1969) ______3.50 32A (Rev. Jan. 1, 1969) ______1.25 2-3 (Rev. Jan. 1, 1969) ______1.75 21 Parts: 33 Parts: 3 1936-1938 Compilation— 6.00 1- 119 (Rev. Jan. 1,1969) _ 1. 75 1- 199 (Rev. Jan. 1,1969) _ 2. 50 1938-1943 Compilation_9. 00 120-129 (Rev. Jan. 1, 200-end (Rev. Jan. 1, 1943-1948 Compilation__7. 00 1969) ______1. 75 1969) ____ 1.75 1949-1953 Compilation_7. 00 130-146e (Rev. Jan. ' 1, 34 [Reserved] 1954-1958 Compilation_4. 00 1969) ______2.75 35 (Rev. Jan. I, 1967) ______5.25 1959-1963 Compilation_6. 00 147-end (Rev. Jan. 1, . (Supp. Jan. 1, 1969) ,_____ .35 1964-1965 Compilation.- 3.75 1969) ______1.50 36 (Rev. Jan. 1, 1969) ______1.25 1966 Compilation______1 . 00 22 (Rev. Jan. 1 , 1969)______1 . 75 37 (Rev. Jan. 1, 1967)______4. 00 1967 Compilation______1. 00 23 (Rev. Jan. 1 ,1969) _____ .35 (Supp. Jan. 1, 1969)______.30 1968 Compilation___^___ . 75 24 (Rev. Jan. 1, 1969)______2.00 38 (Rev. Jan. 1, 1969) _____ 3.50 4 (Rev. Jan. 1, 1969)_ .50 25 (Rev. Jan. 1, 1969)___ 1.75 39 (Rev. Jan. 1, 1969)______3.75 5 (Rev. Jan. 1, 1969)_ 1.50 26 Parts: 40 [Reserved] 6 [Reserved] 1 (§§ 1.01-1.300) (Rev. 41 Chapters: 7 Parts: _ Jan. 1, 1969) _____ 3. 00 1 (Rev. Jan. 1, 1969)____ 2. 75 0-45 (Rev. Jan. 1, 1969)^ 2.50 1 (§§ 1.301-1.400) (Rev. 2- 4 (Rev. Jan. 1, 1969) __ 1. 00 46-51 (Rev. Jan. 1,1969) _ 1 . 75 Jan. 1, 1969) ______1.00 5- 5D (Rev. Jan. 1, 1969) _ 1. 25 52 (Rev. Jan. 1, 1969)___ 3. 00 1 (§§ 1.401-1.500) (Rev. 6- 17 (Rev. Jan.1, 1969) _ 3. 25 53-209 (Rev. Jan. 1, Jan. 1, 1969)______1.50 18 (Rev. Jan. 1, 1969)____ 3. 25 1969) ____ 3. 00 1 (§§ 1.501-1.640) (Rev. * 19- 100 (Rev. Jan. 1 , 210-699 (Rev. Jan. 1, Jan. 1, 1969)______1 . 25 1969) ------1 . 00 1969) ______2.00 1 (§§ 1.641-1.850) (Rev. 101-end (Rev. Jan. 1, 700-749 (Rev. Jan. 1, Jan. 1, 1969)______1.50 1969) ______i. 75 1969) ------___ 2.00 1 (§§ 1.851-1.1200) (Rev. 42 (Rev. Jan. 1, 1969) ______1.50 750-899 (Rev. Jan. 1, Jan. 1, 1969) ______2.00 43 Parts : 1969) ------1_ l. 75 1 (§§ 1.1201-end) (Rev. 1-999 (Rev. Jan. 1,1969) _ 1. 25 900-944 (Rev. Jan. 1, Jan. 1, 1969) ______3. 00 1000-end (Rev. Jan. 1, 1969) ------1.50 2- 29 (Rev. Jan. 1, 1969) _ 1. 25 1969) ______2.75 945-980 (Rev. Jan. 1, 30-39 (Rev. Jan. 1,1969) _ 1. 25 44 (Rev. Jan. 1, 1969)______.45 1969) ------1 .00 40-169 (Rev. Jan. 1, 45 (Rev. Jan. 1, 1969)______3.25 981-999 (Rev. Jan. 1, 1969) ------2.50 46 Parts : 1969) ------1 .00 170-299 (Rev. Jan. 1, 1-65 (Rev. Jan.1, 1969) _ 2. 50 1000-1029 (Rev. Jan. 1, 1969) ------3. 50 66-145 (Rev. Jan. 1, 1969) ------1.50 300-499 (Rev. Jan. 1, 1969) ------2. 00 1030-1059 (Rev. Jan. 1, 1969) — ______1 . 25 146-149 (Rev. Jan. 1, 1969) ------1.25 500-599 (Rev. Jan. 1, 1969) ______3. 75 1060-1089 (Rev. Jan. 1, 1969) ------______1.50 150-199 (Rev. Jan. 1, 1969) ------1.25 600-end (Rev. Jan. 1, 1969) ------2. 50 1090-1119 (Rev. Jan. 1, 1969) ______. 65 200-end (Rev. Jan. 1, 1969) ------1.25 27 (Rev. Jan. 1, 1969) _____ .45 1969) ------3. 00 1120-1199 (Rev. Jan. 1, 28 (Rev. Jan. 1, 1969)______l. 00 47 Parts: 1969) ------i. 25 29 Parts : 0-19 (Rev. Jan. 1, 1969) _ 1.50 1200-1499 (Rev. Jan. 1, 0-499 (Rev. Jan. 1,1969) _ 1 . 50 20- 69 (Rev. Jan. 1,1969) _ 2. 00 1969) ------2.50 500-899 (Rev. Jan. 1, 70-79 (Rev. Jan. 1,1969) _ 1. 75 1500-end (Rev. Jan. 1, 1969) ------3.00 80-end (Rev. Jan. 1, 1969) ------1.50 900-end (Rev. Jan. 1, 1969) ------— 2. 50 H (Rev. Jan. 1, 1969)_____ 1.00 1969) ______1.25 48 [Vacated; Reserved]
FEDERAL REGISTER, VOL. 34, NO. 168— WEDNESDAY, SEPTEMBER 3, 1969 13968 RULES AND REGULATIONS
CFR Unit: Price (d) Federal Highway Administra206A helicopters, is an airworthiness di 49 Parts * tion. * * * rective which requires, in part, on or 1-199 (Rev. Jan. 1,1969) _ 3. 50 (3) One Private Secretary to the Ad before November 3, 1969, the installation 200-999 (Rev. Jan. 1, ministrator. of a visual indicator which will indicate 1969) ______1.50 (4) One Private Secretary to the Di to the pilot metal particle accumulation 1000-1199 (Rev. Jan. 1, rector, National Highway Safety Bureau. on the magnetic drain plugs having a 1969) ______1.25 * * * * * resistance of 20,000 ohms or less. 1200-1299 (Rev. Jan. 1, (g) St. Lawrence Seaway Develop After issuing Amendment 39-816, the 1969) ______* 3. 25 ment Corporation. (1) One Special As Federal Aviation Administration has 1300-end (Rev. Jan. 1, sistant to the Administrator. determined that the 20,000 ohms or less 1969) ______1.00 (h) Federal Aviation Agency. (1) One resistance requirement is impractical and 50 (Rev. Jan. 1, 1969)_____ 1.25 Private Secretary to the Administrator. that it would be more advantageous to General Index (Rev. Jan. 1, (2) One Assistant Administrator for install an existing approved magnetic 1969) ______1.25 Congressional Relations. particle visual indicator as described in List of Sections Affected, 1949- (3) One Assistant to the Assistant Bell Service Letter 206A-129, dated 1963 (Compilation)______6, 75 Administrator for Congressional Rela August 11, 1969, or later FAA-approved tions. revision or an equivalent installation ap (4) One Congressional Liaison Spe proved by Chief, Engineering and Manu cialist. facturing Branch, FAA, Central Region. Title 5— ADMINISTRATIVE This latter installation is less expensive (5 TJ.S.C. 3301, 3302, E.O. 10577, 3 CFR 1954- and will accomplish the same end. Ac PERSONNEL 1958 Comp., p. 218) cordingly, paragraph B of the airworthi Chapter I— Civil Service Commission U n it e d S tates C iv il S er v ness Directive is being amended to effect ic e C o m m is s io n , this change. PART 213— EXCEPTED SERVICE [ s e a l ] Ja m e s C. S p r y , Since this amendment is in the in Department of Commerce Executive Assistant to the terest of safety and relaxatory in na Commissioners. ture, it is found that compliance with 1. Section 213.3314 is amended to show [F.R. Doc. 69-10458; Filed, Sept. 2, 1969; the notice and public procedure provi that the Schedule C authorities for posi 8:47 am .] sions of the Administrative Procedure tions of one Private Secretary each to the Act is not necessary and the amendment Administrators of the Federal Highway may be effective in less than thirty (30) Administration and the National High PART 213— EXCEPTED SERVICE days. way Safety Agency are transferred to the In consideration of the foregoing and Department of Transportation. Effective Small Business Administration pursuant to the authority delegated to on publication in the F ederal R e g ister , Section 213.3332 is amended to show me by the Administrator (31 F.R. 13697), subparagraph (40) of paragraph (a) and that one position of Private Secretary § 39.13 of Part 39 of the Federal Aviation subparagraph (3) of paragraph (g) of for interdepartmental activities, Office of Regulations, Amendment 39-816 (34 F.R. § 213.3314 are revoked. the Assistant Administrator for Con 13099, AD 69-16-5), is amended as 2. Section 213.3352 is amended to show gressional and Public Affairs is excepted follows: that one position of Special Assistant to under Schedule C. Effective on publica Revise paragraph B to read as follows: the Administrator, St. Lawrence Seaway tion in the F ederal R eg ist e r , subpara (B ) On or before November 3, 1969, Install Development Corporation is transferred graph (m) is added to § 213.3332 as set to the Department of Transportation. Ef a visual magnetic plug indicator as described out below. in Bell Service Letter 206A-129, dated Au fective on publication in the F ederal gust 11, 1969, or later FAA-approved revision R eg ist e r , § 213.3352 is revoked. § 213.3332 Small Business Administra tion. or an equivalent installation approved by 3. Section 213.3357 is amended to show Chief, Engineering and Manufacturing that the Schedule C authorities for the * * * * * Branch, FAA, Central Region. positions of Assistant to the Chief, Con (m) One Private Secretary for inter This amendment becomes effective Au gressional Relations Division, Assistant departmental activities, Office of the As Administrator for Congressional Rela sistant Administrator for Congressional gust 30,1969. tions, one Congressional Liaison Special and Public Affairs. (Secs. 313(a), 601, and 603, Federal Aviation ist, and one Private Secretary to the Ad Act of 1958; 49 U.S.C. 1354(a), 1421, and 1423, (5 U.S.C. 3301, 3302, Ë.O. 10577, 3 CFR 1954- sec. 6 (c), Department of Transportation Act; ministrator, Federal Aviation Agency, are 1958 Comp., p. 218) transferred to the Department of 49 IT.S.C. 1655(c)) Transportation. U n it e d S tates C iv il S er v Issued in Kansas City, Mo., on August Effective on publication in the F ederal ic e C o m m is s io n , 22,1969.^ [ s e a l ] J am e s C. S p r y , R eg ister , § 213.3357 is revoked, D a n ie l E. B a r r o w , 4. Section 213.3394 is amended to Executive Assistant to Director, Central Region. the Commissioners. show that the Schedule C authorities for [F.R. Doc. 69-10449; Filed, Sept. 2, 1969; the following positions are transferred to [F.R. Doc. 69-10459; Filed, Sept. 2, 1969; 8:46 a.m.] the Department of Transportation from 8:47 a.m.] other departments and agencies: one [Docket No. 69-EA-99; Arndt. 39-827] Private Secretary each to the Federal Highway Administrator, the National Title 14— AERONAUTICS AND PART 39— AIRWORTHINESS Highway Safety Bureau Director, and the DIRECTIVES Federal Aviation Administrator; one Fairchild Hiller' Aircraft Special Assistant to the Administrator, SPACE St. Lawrence Development Corporation; Chapter I— Federal Aviation Adminis The Federal Aviation Administration and the Assistant Administrator for Con tration, Department of Transportation is amending § 39.13 of Part 39 of the gressional Relations, one Assistant to the Federal Aviation Regulations so as to Assistant Administrator, and one Con SUBCHAPTER C— AIRCRAFT amend AD 66-27-5 applicable to Fair- gressional Liaison Specialist, Federal [Docket No. 69-CE-16-AD; Arndt. 39-829] child Hiller type F27 and FH-227 air Aviation Agency, Effective on publica^ planes! tion in the F ederal R eg ist e r , subpara PART 39— AIRWORTHINESS Service experience, since promulgation graphs (3) and (4) are addeded to para DIRECTIVES of AD 66-27-5, has indicated that the graph (d ), and paragraphs (g) and (h) repetitive inspection period may be in are added to § 213.3394, as set out below, Allison Model 250—Cl 8 Engines creased from 150 hours to 1,200 hours §213.3394 Department of Transporta Amendment 39-816 (34 F.R. 13099), which is a relaxation, but that the FH- tion. AD 69-16-5, applicable to Allison Model 227 having shown similar experience must be included in the airworthiness « * • * • 250-C18 engines installed in Bell Model
FEDERAL REGISTER, VOL. 34, NO. 168— WEDNESDAY, SEPTEMBER 3, 1969 RULES AND REGULATIONS 13969 directive. The regulation as promulgated (g) Upon request with substantiating [Docket No. 69-CE—18—AD; Amdt. 39-831] data submitted through an FAA maintenance comprises a revision to AD 66-27-5 as PART 39— AIRWORTHINESS well as reference to the PH-227 air inspector, the compliance times specified in this AD may be increased by the Chief, DIRECTIVES planes. In view of the fact that the in Engineering and Manufacturing Branch, FAA spection for cracks requires the expedi Eastern Region. Equivalent Inspections, parts Allison Model 250—CIO and Model tious adoption of this regulation, notice and revisions to service bulletins must be and public procedure are impractical and approved by - the Chief, Engineering and 250—Cl 8 Series Engines the amendment may be made effective Manufacturing Branch, FAA Eastern Region. There has been a failure of P/N in less than 30 days. This amendment is effective Septem 6840847 helical power train drive gear In consideration of the foregoing and ber 4,1969. internal spline on an Allison Model 250- pursuant to the authority delegated to (Secs. 313(a), 601, and 603, Federal Aviation C18 engine which resulted in power tur me by the Administrator, 14 CFR 11.85 Act of 1958; 49 U.S.C. 1354(a), 1421, and bine overspeed and turbine wheel burst. (31 F.R. 13697), §39.13 of Part 39 of 1423; sec. 6(c), Department of Transporta Since this condition is likely to exist the Federal Aviation Regulations is tion Act; 49 U.S.C. 1655(c)) or develop in other engines of the same amended by revising AD 66-27-5 as Issued in Jamaica, N.Y., on August 21, type design, an airworthiness directive is follows: 1969. being issued requiring within the next 50 Fairchild H iller. Applies to Type F-27A, W a y n e H e n d e r s h o t , hours’ time in service after the effective F-27F, F-27G, F-27J, F-27M, and FH- Acting Director, Eastern Region. date of this AD, on all Allison Models 227 airplanes certificated in all categories. [F.R. Doc. 69-10450; Filed, Sept. 2, 1969; 250-C10 and 250-C18 Series engines hav Compliance required as indicated. 8:46 a.m.] To detect cracks in the skin, stringers, and ing more than 750 hours’ time in service rib caps of the upper and lower surfaces of since new or last overhaul, inspection of the horizontal stabilizer, accomplish the [Docket No. 69-EA-104; Amdt. 39-828] the internal spline in accordance with following: (a) For F-27A, F-27F, and F-27G air PART 39— AIRWORTHINESS Allison Commercial Service Letter No. planes, comply with (c) within the next 50 DIRECTIVES 250 CSL-35, dated August 15, 1969, to hours’ time in service after the effective date detect a wear condition which can result of this AD, unless already accomplished with Sikorsky Helicopters in the last 250 hours’ time in service, and in these failures. I f the inspection dis thereafter at intervals not to exceed 300 Amendment 39-809, AD 66-22-5, re closes excessively worn splines they must hours’ time in service from the last quires removal, alteration, inspection, be replaced with serviceable parts before inspection. and maintenance of the main rotorblades (b) For F-27J and F-27M airplanes, comply returning the engine to service. The in with (c) within the next 50 hours’ time in of the Sikorsky Model S-61 series heli spection shall be repeated at time inter service after the effective date of this AD, copters as described therein. After issu vals not to exceed 750 hours’ time in unless already accomplished within the last ing amendment 39-809, the Administra 10 hours’ time in service, and thereafter at tor determined that the amendment service. When the engine is modified per intervals not to exceed 60 hours’ time in created an undue burden upon the oper Allison Commercial Engine Bulletin No. service from the last inspection. ators of said aircraft in view of the un 250 CEB-61, dated July 25, 1969, the in (c) Inspect the horizontal stabilizer for availability of qualified operator person spections required by this AD may be cracks in accordance with Fairchild Hiller nel to perform the frequent checks re Service Bulletin No. 55-6, Revision 3, dated discontinued. July 20, 1965, or later revision using X-ray quired at the many airports the aircraft Since immediate action is required in or dye penetrant in conjunction with a glass serve. Therefore, the AD is being amend of at least 10-power, or an FAA-approved ed to permit the helicopter pilot to make the interest of safety, compliance with equivalent. Repair cracked parts or replace the visual checks of the main rotor the notice and public procedures provi them with an unused part of the same part blade pressure indicators required by sion of the Administrative Procedure Act number or an equivalent part before further paragraph (d) of the AD. is impracticable and good cause exists for flight, except that the airplane may be flown in accordance with FAR 21.197 to a base Since this amendment provides an al making this amendment effective in less where the repair can be performed. ternative means of compliance and im than thirty (30) days. poses no additional burden on any per (d) For FH—227 type airplanes and for In consideration of the foregoing and F-27A, F-27G, F-27J, F-27F, and F-27M air son, notice and public procedure hereon planes having the FH-227 horizontal sta are unnecessary and the amendment may pursuant to the authority delegated to bilizer installed, comply with (f) within the be made effective in less than 30 days. me by the Administrator (31 F.R. 13697), next 150 hours’ time in service after the § 39.13 of Part 39 of the Federal Aviation effective date of this AD, unless already ac In consideration of the foregoing and complished within the last 1,050 hours’ time pursuant to the authority delegated to Regulations is amended by adding the in service, and thereafter at intervals not to me by the Administrator, 14 CFR 11.85 following new AD: exceed 1,200 hours’ time in service from the (31 F.R. 13697), § 39.13 of Part 39 of last inspection. the Federal Aviation Regulations, A l l is o n : Applies to Models 250-C10 and 250- (e) The repetitive inspection interval Amendment 39-809, AD 66-22-5 is C18 Series Engines. specified in (a) may be Increased from 300 amended by adding the following para Compliance: Unless already accomplished, hours’ time in service to 1,200 hours’ time within the next 50 hours’ time in service in service from the last inspection and the graph at the end thereof: after the effective date of this AD, on all en repetitive inspection interval specified in (b ) (g) The visual checks of the main rotor gines having 750 or more hours’ time in serv may be increased from 60 hours’ time in blade pressure indicators required by para ice since new or last overhaul, or at or before service to 150 hours’ time in service from the graph (d) of this AD may be performed by 800 hours’ time in service on engines that last inspection on airplanes modified in ac the pilot. have less than 750 hours’ time in service since cordance with Fairchild Hiller Service Bul new or last overhaul at the effective date of letin No. 55-7, dated July 20, 1965, or later This amendment becomes effective this AD, accomplish the following: revision or an equivalent method. September 4,1969. (f) Inspect the horizontal stabilizer for To detect excessive wear of the internal cracks in accordance with Fairchild Hiller (Secs. 313(a), 601, and 603, Federal Aviation splines: Service Bulletin FH-227, 55-9, dated July 7, Act of 1958; 49 U.S.C. 1354(a), 1421, and (A) Inspect the internal spline on the P/N 1969 or later revision or an equivalent method 1423; sec. 6(c), Department of Transporta 6840847 helical power train drive gear using using X-ray or dye penetrant in conjunction tion Act; 49 U.S.C. 1655 (c) ) an Allison P/N EX 83339 plug gage. If this with a glass of at least 10-power, or an FAA- gage enters the spline, replace the gear with spproved equivalent. Repair cracked parts or Issued in Jamaica, N.Y., on August 22, a new or serviceable part prior to returning 1969. the engine to service. Allison Commercial W a y n e H e n d e r s h o t , Service Letter No. 250 CSL-35, dated A u Acting Director, Eastern Region. gust 15, 1969, pertains to this inspection. plane may be flown in accordance with FAR (B ) When the engine is modified in accord 21.197 to a base where the repair can be [F.R. Doc. 69-10451; Filed, Sept. 2, 1969; ance with Allison Commercial Engine Bul performed. 8:46 a.m.] letin No. 250 CEB-61, dated July 25, 1969,
FEDERAL REGISTER, VOL. 34, NO. 168— WEDNESDAY, SEPTEMBER 3, 1969 13970 RULES AND REGULATIONS the inspections required by Paragraph A of This amendment becomes effective Issued in Kansas City, Mo., on Au this AD will no longer be required. Gear boxes September 3, 1969. gust 25, 1969. having Serial Numbers ending in the suffix (Sec. 313(a), 601 and 603, Federal Aviation D a n ie l E . B a r r o w , Act of 1958, 49 U.S.C. 1354(a), 1421, and 1423, Acting Director, Central Region. “B” incorporate Commercial Engine Bulletin sec. 6(c), Department of Transportation Act [F.R. Doc. 69-10473; Filed, Sept. 2, 1969; No. 260 CEB-61. 49 TJ.S.C. 1655(c)) 8:48 a.m.]
SUBCHAPTER F— AIR TRAFFIC AND GENERAL OPERATING RULES [Reg. Docket No. 9776; Arndt. 665]
pa rt 97— STANDARD INSTRUMENT APPROACH PROCEDURES Miscellaneous Amendments The amendments to the standard instrument approach procedures contained herein are adopted to become effective when indicated in order to promote safety. The amended procedures supersede the existing procedures of the same classification now in effect for the airports specified therein. For the convenience of the users, the complete procedure is republished in this amendment indicating the changes to the existing procedures. As a situation exists which demands immediate action in the interests of safety in air commerce, I find that compliance with the notice and procedure provisions of the Administrative Procedure Act is impracticable and that good cause exists for making this amendment effective within less than 30 days from publication. In view of the foregoing and pursuant to the authority delegated to me by the Administrator (24 F.R 5662) Part 97 (14 CFR Part 97) is amended as follows: 1. By amending § 97.11 of Subpart B to delete low or medium frequency range (L/M F), automatic direction fin d in g (ADF) and very high frequency omnirange (VOR) procedures as follows: Boston, Mass.— General Edward Lawrence Logan International, ADF 1, Amdt. 14, 22 Jan. 1966 (established under Subpart C). Boston, Mass.— General Edward Lawrence Logan International, NDB (AD F) Runway 22L, Orig., 29 May 1969 (established* under Subpart C ). Boston, Mass.— General Edward Lawrence Logan International, ADF 3, Amdft. 3, 6 Feb. 1969 (established under Subpart C ). Grand Junction, Colo.— Walker Field, ADF 1, Amdt. 4, 24 Sept. 1966 (established under Subpart O ). Lubbock, Tex.— West Texas Air Terminal of Lubbock, ADF 1, Amdt. 9,3 July 1965 (established under Subpart C ). Boston, Mass.— General Edward Lawrence Logan International, VOR-22L, Amdt. 8, 6 Feb. 1969 (established under Subpart C ). Boston, Mass.— General Edward Lawrence Logan International, VOR-27, Amdt. 7, 6 Feb. 1969 (established under Subpart C ). Lubbock, Tex.— West Texas Air Terminal of Lubbock, VOR 1, Orig., 31 July 1965 (established under Subpart C ).. 2. By amending § 97.11 of Subpart B to cancel low or medium frequency range (L/MF), automatic direction finding (ADF) and very high frequency omnirange (VOR) procedures as follows; Chicago, 111.— Chicago-Midway, NDB (AD F) Runway 13 L and R, Amdt. 26,15 Aug. 1968, canceled, effective 25 Sept. 1969. Chicago, 111.— Chicago-Midway, NDB (AD F) Runway 31 L and R, Amdt. 17,15 Aug. 1968, canceled, effective 25 Sept. 1969. 3. By amending § 97.13 of Subpart B to delete terminal very high frequency omnirange (TerVOR) procedures as follows: Boston, Mass.— General Edward Lawrence Logan International, TerVOR-33, Amdt. 8, 6 Aug. 1966 (established under Subpart C ). 4. By amending § 97.13 of Subpart B to cancel terminal very high frequency omnirange (TerVOR) procedures as follows: Boston, Mass.— General Edward Lawrence Logan International, TerVOR-4R, Amdt. 7, 6 Aug. 1966, canceled, effective 25 Sept. 1969. 5. By amending § 97.15 of Subpart B to delete very high frequency omnirange-distance measuring equipment (VOR/ DME) procedures as follows: Boston, Mass.— General Edward Lawrence Logan International, VOR/DME No. 1, Amdt. 5, 6 Feb. 1969 (established under Subpart C). Lubbock, Tex.— West Texas Air Terminal of Lubbock, VOR/DME No. 3, Orig., 3 July 1965 (established under Subpart C ). 6. By amending § 97.15 of Subpart B to cancel very high frequency omnirange-distance measuring equipment (VOR/ DME) procedures as follows: ' Lubbock, Tex.— Municipal, VOR/DME No. 2, Amdt. 1, 3 July 1965, canceled, effective 25 Sept. 1969. 7. By amending § 97.17 of Subpart B to delete instrument landing system (ILS) procedures as follows: Boston, Mass.— General Edward Lawrence Logan International, ILS-4R, Amdt. 17, 19 Nov. 1969 (established under Subpart C ). Boston, Mass.— General Edward Lawrence Logan International, LOO (BO) Runway 22L, Amdt. 1, 29 May 1969 (established under Subpart O ). Boston, Mass.— General Edward Lawrence Logan International, i l s _33L, Amdt. 5, 6 Feb. 1969 (established under Subpart O). Chicago, 111.— Chicago-Midway, ILS Runway 13R, Amdt. 25, 15 Aug. 1968 (established under Subpart C ). Grand Junction, Colo.— Walker Field, ILS-11, Amdt. 20, 24 Sept. 1966 (established under Subpart C ). Lubbock, Tex.— West Texas Air Terminal of Lubbock, ILS-17R, Amdt. 9, 3 July 1965 (established under Subpart C ). Lubbock, Tex.— West Texas Air Terminal of Lubbock, ILS—35L, ( B C ), Amdt. 4, 3 July 1965 (established under Subpart C ).
8. By amending § 97.17 of Subpart B to cancel instrument landing system (ILS) procedures as follows: Chicago, IU.— Chicago-Midway, ILS Runway 31 L and R, Amdt. 6,15 Aug. 1968, canceled, effective 25 Sept. 1969. 9. By amending § 97.19 of Subpart B to delete radar procedures as follows: Boston, Mass.— General Edward Lawrence Logan International, Radar 1, Amdt. 16, 22 Jan. 1966 (established under Subpart C). Chicago, 111.— Chicago-Midway, Radar—1, Amdt. 12, 15 Aug. 1968 (established udder Subpart C ). Lubbock, Tex.— West Texas Air Terminal of Lubbock, Radar 1, Orig., 21 May 1966 (established under Subpart C ). 10. By amending § 97.23 o f Subpart C to establish very high frequency omnirange (VOR) and very high frequency- distance measuring equipment (VOR/DME) procedures as follows:
FEDERAL REGISTER, VOL. 34, NO. 168— WEDNESDAY, SEPTEMBER 3, 1969 RULES AND REGULATIONS 13971
Standard I nstrum ent A pproach P rocedure—T ype VOR Bearings, headings, courses and radials are magnetic. Elevations and altitudes are In feet MSL, except H A T , H A A , and R A . Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles or hundreds of feet R V R . If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator. Initial approach minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.
Terminal routes Missed approach Minimum From— To— Via altitudes M AP: BOS V O R T A C . (feet)
Acton Int...... -...... ' Boston V O R T A C ...... Direct...... i ...... 2000 Make left-climbing turn to 2000' direct R 271°, BOS V O R T A C CW...... R 011°, BOS V O R T A C ...... 10-mile Arc BOS R 359°, 2300 Sandhills Int and hold; or, when directed lead radial. by A T C , climb straight ahead to 2000' R 030°, BOS VORTAC CCW_...... R 011°, BOS VO RTAC ----...... 10-mile Arc BOS R 023°, 2000 direct H TM V O R and hold. Hold SW lead radial. H TM VO R, 1 minute, right truns, 035° 10-mile Are...... v...... Saugus Int or 5.2-mile DME, R 011° BOS R 011°...... 1200 Inbnd. BOS VORTAC (NOPT). Supplementary charting information: Hold SE of Sandhills Int, 1 minute, right turns, 333° Inbnd. 370' stack 1 mile SW; 505'-638' buildings 1.7 to 1.9 miles W; 845' building 3 miles W. Runway 22L, T D Z elevation, 16'.
Procedure turn E side of ers, 011° Outbnd, 191° Inbnd, 1900' within 10 miles of BOS V O R T A C . Final approach ers, 191°. Minimum altitude over Saugus Int or 5.2-mUe DME, 1200'. MSA: 000°-180°—1900'; 180°-360°—2400'. Notes: (1) ASR. (2) Inoperative components table does not apply to H IR L Runway 22L. * Reduction of minimums not authorized. #900-2 for Category C aircraft; 1000-2 for Category D aircraft. %Left turn to 260° as soon as practicable after takeoff. D a y and N ight M inimums
A ' B C D Cond. MDA VIS HAT MDA VIS HAT MDA VIS HAT MDA VIS HAT
S-22L*...... 640 1 624 640 1 524 640 1 524 540 \\i 524 MDA VIS HAA MDA VIS HAA MDA VIS HAA MDA VIS HAA C...... 680 1 661 680 1 661. 820 1J3 801 940 2 921 A...... Standard.# T 2-eng. or less—R V R 24', Runways 4R and 33L;% 600-1, T over 2-eng.—R V R 24', Runways 4R and 33L;% 600-1, Runway 27; Standard all other runways. Runway 27; Standard all other runways.
City, Boston; State, Mass; Airport name, General Edward Lawrence Logan International; Elev., 19'; Facility, BOS; Procedure No. V O R Runway 22L, Arndt. 9; Eff. date 25 Sept. 69; Sup. Arndt. No. VOR-22L, Arndt. 8; Dated, 6 Feb. 69
Terminal routes Missed approach Minimum From— To— Via altitudes MAP: BOS VORTAC. (feet)
Acton Int...... Boston V O R T A C -...... Direct...... 2000 Make ...... left-climbing turn to 2000' direct to R 030°, BOS V O R T A C CW...... R 086°, BOS V O R T A C ...... 10-mile Are BOS, R 074°, 2000 Sandhills Int and hold, or when directed „ ; lead radial. by A T C , make left-climbing turn to R 148°, BOS VO RTAC CCW ...... R086 ,'BOSVORTAC ...... 10-mile Are BOS, R 098°, 2000 2000' direct to H T M V O R and hold. , . S n B H H M g K v lead radial. Hold SW H T M V O R , 1 minute, right 10-mile Are______.....Winthrop Int or 4.7-mile DME, R BOS R-086...... 1500 turns, 035 Inbnd. 086°, BOS VORTAC (NOPT). Supplementary charting information: Hold SE of Sandhills Int, X minute, right turns, 333° Inbnd. 370' stack 1 mile SW. 505'-638' buildings 1.7 to 1.9 miles W. 845' building 3 miles W. Runway 27, T D Z elevation, 16'.
Procedure turn N side of ers, 086° Outbnd, 266° Inbnd, 1900' within 10 miles of BOS V O R T A C . Pinal approach ers, 266°. Minimum altitude over Winthrop Int or 4.7-mile D M E, 1500'. MSA: 000°-180°—1900'; 180°-360°—2400'. N otes: (1) A SR . (2) Inoperative components table does not apply to 1 I R L Runway 27. ■Reduction of minimums not authorized. #900-2 for Category C aircraft; 1000-2 for Category D. aircraft. %Left turn to 260° as soon as practicable after takeoff. Da y and N ight Minimums
AB C D Cond. MDAVISHAT MDAVISHAT MDAVISHAT M D A , VIS HAT
8-27* 1 444 460 1 444 460 1 444 460 1 444 MDA VISHAA MDAVIS HAA MDA VIS HAA MDA VIS HAA C... 1 661 680 1 661 820 m 801 940 2 921 A... T 2-eng. or less—R V R 24' Standard Runways 4R and T over 2-eng.—R V R 24', Runways 4R and 33L; 600-1 33L; 600-1 Runway 27; Standard all other Runways.% Runway 27; Standard all other runways%
lty’ Bost°n; State, Mass.; Airport name, General Edward Lawrence Logan International; Elev., 19'; Facility BOS; Procedure No. V O R Runway 27; Amdt. 8: Eff. date 25 Sept. 69; Sup. Amdt. No. VOR-27, Amdt. 7; Dated, 6 Feb. 69
FEDERAL REGISTER, VOL. 34, NO. 168— WEDNESDAY, SEPTEMBER 3, 1969 No. 168------2 13972 RULES AND REGULATIONS
Standard I nstrum ent A pproach P rocedure— T ype VOR--Continued
Terminal routes Missed approach Minimum From— T o— Via altitudes MAP: BOS VORTAC. (feet)
Acton Int.-..--'.------...... Boston V O R T A C ------. Direct______2000 Make right-climbing turn to 2000', direct to R 030°, BOS VORTAC CW...... R 153°, BOS V O R T A C ______10-mile Arc BOS, R 141°, 2000 Danvers Int and hold, or when directed lead radial. by A T C , make right-climbing turn to R 238°, BOS V O R T A C CCW------______R 153°, BOS VORTAC.— ______10-mile Arc BOS, R 165°, 2000 2000' direct to Skipper Int and hold. Hold lead radial. E. of Skipper Int, 1 minute, right turns, Sandhills Int...... ___ Beach Int or 4.7-mile DME, R 153° Direct...... ,. 1500 279° Inbnd. BOS VORTAC (NOPT). Supplementary charting information: Hold N E of Danvers Int, 1 minute, right turns, 210° Inbnd. 370' stack 1 mile SW. 605'-638' buildings 1.7 to 1.9 miles W. 845' building 3 miles W. Runway 33L, T D Z elevation, 16'.
Procedure turn E side of crs, 153° Outbnd, 333° Inbnd, 1900' within 10 miles of BOS V O R T A C . Final approach crs, 333°. Minimum altitude over Beach Int or 4.7-mile DME, 1500 . MSA: 000°-180°—1900'; 180°-360°—2400'. N ote* .A.SR* T ♦Reduction of ^inimnms not authorized. Inoperative components table does not apply to A L S Runway 33L. R V R 50' required. #900-2 for Category C aircraft; 1000-2 for Category D aircraft. %Left turn to 260° as soon as practicable after takeoff. XT 70 Day and N ight Minimums
A B C D Cond. MDA VIS HATMDA VIS HATMDA VIS HAT MDA VISHAT
444 460 R V R 50 444 S-33L*--...... _____ 460 R V R 40 444 460 R V R 40 444 460 R V R 40 MDA VIS HAA MDA VISHAA MDA V IS , HAA MDA VISHAA 1 661 820 801 940 2 . 921 C ...... -...... ______680 1 661 680 ÌS4 T 2-ene. or less—R V R 24', Runways 4R and 33L; 600-1 T over 2-eng.-—R V R 24', Runways 4R and 33L; 600-1 Runway 27; Standard all other runways.% Runway 27; Standard all other runways.%
City, Boston; State, Mass.; Airport name, General Edward Lawrence Logan International; Elev., 19'; Facility BOS; Procedure No. V O R Runway 33L, Arndt. 9; Efl. date, 25 Sept. 69; Sup. Arndt. No. TerVOR-33, Arndt. 8; Dated, 6 Aug. 66
Terminal routes Missed approach Minimum From— To— Via altitudes M A P : 5.2 miles after passing LB B V 0 R (feet) TAC.
4700 Climb to 5000' on LB B V O R T A C R 114° R 004°, LBB VORTAC CCW R 305°, LB B V O R T A C ...... — - 10-mile Are LBB, R 316°, lead radial. within 20 miles; or, turn right, climb to 4700 5100' on LBB LO C (BC) 169° within 20 R 216°, LBB VORTAC CW_. R 305°, LB B V O R T A C ...... 10-mile Are LB B , R 294°, lead radial. miles. 4700 Supplementary charting information: Spade In t ...... -...... LBB VORTAC (NOPT)...... R 305°...... ------LB B VO R T A C (N O P T )...... R3050...... 4700 Delete from A L plate 3417' tower 1.3 miles 10-mile Arc..."...... N E of airport—tower nonexistent. Runway 12, T D Z elevation, 3252'.
Procedure tum N side of crs, 305° Outbnd, 125° Inbnd, 4700' within 10 miles of LB B V O R T A C . F A F , LB B V O R T A C . Final approach crs, 112°. Distance F A F to M AP, 5.2 miles. Minimum altitude over LB B V O R T A C , 4700'. MSA: 000°-090°—4600'; 090°-270°—5200'; 270°-360°—5000 . N ote: ASR. N ight Minimums
A B ______C______D_ COnd* MDA VIS TT AT MDA VIS HAT V IS VIS
g_12...... 3600 1 348 3600 1 348 N A NA MDA VIS HAA MDA VIS HAA MDA VIS HAA MDA VIS HAA c ...... 3700 1 431 3720 1 451 3720 1J4 . 451 3820 2 551
A ...... Standard. T 2-eng. or less—Standard. T over 2-eng.—Standard.
City Lubbock; State, Tex.; Airport name, West Texas Air Terminal of Lubbock; Elev., 3269'; Facility LBB; Procedure No. VO R Runway 12, Arndt. 1; Efl. date, 25 Sept. 69; Sup. Arndt. No. V O R 1, Orig.; Dated, 31 July 65
FEDERAL REGISTER, VOL. 34, NO. 168— WEDNESDAY, SEPTEMBER 3, 1969 RULES AND REGULATIONS 13973
Stand ard I n s t r u m e n t A p pr o a c h P rocedure-—T y p e VOR-— Continued
Terminal routes Missed approach Minimum From— To— Via altitudes MAP: BFMVORTAC. (feet)
R 098°, BFM VORTAC CW...... ______R 146°, BFMVORTAC (NOPT) . 10-mile Arc...... 1800 Climbing left turn to 1800' to BFM V O R R 236°, BFM VORTAC CCW______R 146°, BFMVORTAC (NOPT) . 10-mile Arc______1800 T A C and hold. 10-mile Arc...... ____ .. . . Trace int/3-mile DME Fix...... R 146°, BFM VORTAC... 600 Supplementary charting information: Hold S, 1 minute, left turns, 326° Inbnd. Runway 32, T D Z elevation, 26'.
Procedure tum W side of crs, 146° Outbnd, 326° Inbnd, 1800' within 10 miles of B F M V O R T A C . Pinal approach' crs, 326°. Minimum altitude over Trace Int/3-mile DME Fis, 600'. MSA: 000°-180°—2400'; 180°-270°—1400'; 270°-360°—1700'. Note: ASR. Day and N ight Minimums
MDA VIS HAT MDA VIS HAT MDA VIS HAT MDA VIS HAT
S-32...... _...... 7 ,------600 1 674 600 1 574 600 1 574 600 1JÎ 574 MDA VIS HAA MDA VIS HAA MDA VIS HAA MDA VIS HAA C...... -• 600 1 574 600 - 1 574 600 lj^ 574 600 2 674 VOR/DME Minimums:
MDA VIS HAT MDA VIS HAT MDA VIS HAT MDA VIS HAT S-32._.___.._...... l.._ . 280 1 254 280 1 254 280 1 254 280 1 254 A—...... Standard, T 2-eng. or less—Standard. T over 2-eng.—Standard.
City, Mobile; State, Ala.; Airport name, Brookley Field; Elev., 26'; Facility, BFM; Procedure No. V O R Runway 32, Arndt. Orig.; Eft. date, 25 Sept. 69
Terminal routes Missed approach Minimum From To— Via altitudes M AP: 10 miles after passing H K Y VOR. (feet)
Climbing right turn to 4000', proceed to H K Y V O R via R 116° and hold. Supplementary charting information: Hold NW, 1 minute, right turns, 116° Inbnd. Final approach crs to center of landing area.
Procedure turn not authorized. One minute holding pattern NW of H K Y V O R , 116° Inbnd, right turns. 4000'. FAF, H K Y VO R. Final approach crs, 116°. Distance F A F to M AP, 10 miles. Minimum altitude over H K Y VO R , 4000'. MSA: 000°-090°—4700'; 090°-180°—3600'; 180°-270°—5000'; 270°-360°—8000'. Notes: (1) Use Hickory, N.C., FSS altimeter setting. (2) N o weather reporting. (3) Night operation not authorized on Runways 8/26.
Day and N ight Minimums
A B C D Cond. MDA VIS HAA M D A VIS HAA VIS VIS
C...... NA NA A ...... löSS “ S Ländctf d. T over 2-eng.—N ot authorized.
City, Statesville; State, N.C.; Airport name, Statesville Municipal; Elev., 991'; Facility, H K Y ; Procedure No. VOR-1, Arndt. Orig.; Eff. date, 26 Sept. 69
FEDERAL REGISTER, VOL. 34, NO. 168— WEDNESDAY, SEPTEMBER 3, 1969 13974 RULES AND REGULATIONS
Standard I n s t r u m e n t A p pr o a c h P rocedure—T y p e VOR/DME Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL, except H A T , H A A , and B A. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles or hundreds of feet H VB. If an Instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator. Initial approach minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.
Terminal routes Missed approach Minimum M AP: 1-mile DME, B 327° BOS VOR From— To— Via altitudes TA C . (feet)
R 238°, BOS VOBTAC CW ______R 327°, BOS VOBTAC (NOPT)___ 10-mile Are BOS, B 315° 2300 Make left-climbing turn to 2000' direct to lead radial. Danvers Int and hold, or when directed R 030°, BOS VORTAC CCW______R 327°, BOS V O R T A C (N O P T )—.. 10-mile Are BÖS, R 340° lead 2000 by A T C , make left-climbing turn to radial, v 2000' direct to Skipper Int, and hold. Hold E of Skipper Int, 1 minute, right turns, 279° Inbnd. Supplementary charting information: Hold N E of Danvers Int, 1 minute, right turns, 210° Inbnd. 370' stack 1 mile SW. 505'-638' buildings 1.7 to 1.9 miles W. 845' building 3 miles W. Runway 15R T D Z elevation, 15'.
Procedure turn not authorized. Minimum altitude over 6-mile DME R 327°, 1400'; over 5-mile DME R 327°, 1100'; over 3-mile DME R 327°, 620'- MSA: 000°-180°—1900'; 180°-360°—2400'. N otes: (1) ASR. (2) Inoperative components table does not apply to H IR L Runway 15R. •Reduction of minimums not authorized. % Left turn to 260° as soon as practicable after takeoff. # 900-2 for Category C aircraft; 1000-2 for Category D aircraft. Day and N ight Minimums
A B C D MDA VIS HAT MDA VIS HAT MDA VIS HAT MDA VIS HAT
S-15R*...... 540 1 625 540 1 525 540 1 525 540 525 MDA VIS HAA MDA VIS HAA MDA VIS HAA MDA VIS HAA c ...... 680 1 661 680 1 661 820 1)3 801 940 2 921 A _. Standard. § T 2-eng. or less—R V R 24', Runways 4R and 33L; 600-1 T over 2-erg.— R V R 24', Runways 4R and 33L; 600-1 Runway 27; Standard all other runways. % Runway 27; Standard all other runways. %
Citv Boston- State. Mass.: Airport name, General Edward Lawrence Logan International; Elev., 19'; Facility, BOS; Procedure No. VOR/DME Runway 15R, Arndt. 6; Eff. date, 25 Sept. 69; Sup. Arndt. No. VOR/DME No. 1, Arndt. 6; Dated, 6 Feb. 69 .
Terminal routes Missed approach Minimum From— T o— Via altitudes M AP: 6.4-mile DME Fix R 103°. (feet)
LB B V O R T A C ------_____A 11-mile DME Fix...... _____ R 103°...... 4700 Climb to 4700' direct LB B V O R T A C and R 216°, LBB VORTAC CCW------...... R 103°, LB B V O R T A C ...... _____ 16-mile Arc LBB, R 110°, R 305° within 15 miles. lead radial...... 5000 Supplementary charting information: R 004°, LB B V O R T A C CW...... ____... R 103°, LBB VORTAC ...... - _____ 16-mile Arc LBB, R 096°, Delete from A L plate 3417' tower 1.3 miles lead radial...... 5000 N E of airport—tower nonexistent. 16-mile DME Arc______11-mile DME Fix (N O P T )...... _____ R 103°...... :.. 4700 Approach radial crosses Runway 26 center line extended at 3000'. Runway 26, T D Z elevation, 3253'.
Procedure turn N side of ers, 103° Outbnd, 283° Inbnd, 4700' within 10 miles of 11-mile DME Fix. F A F , 11-mile DME R 103°. Final approach ers, 283°. Distance F A F to M AP, 6.4 miles. Minimum altitude over 11-mile DME R 103°, 4700'. MSA: 000°-090°—4600'; 090°-270°—5200'; 270°-360°—5000'. N ote* a SRi Da y and N ight Minimums
a b c d MDA VIS HAT MDA VIS HAT MDA VIS HAT MDA VIS HAT
S-26...... 3660 1 407 3660 1 407 3660 1 407 3660 1 *>7 MDA VIS HAA MDA VIS HAA MDA VIS^ HAA MDA VIS HAA
C ...... 3700 1 431 3720 1 451 3720 IM 451 3820 2 W1 A ...... Standard. T 2-eng. or less—Standard. T over 2-eng.—Standard.
City, Lubbock; State, Tex.; Airport name, West Texas Air Terminal of Lubbock; Elev., 3269'; Facility, LB B ; Procedure No. VOR/DME Runway 26, Arndt. 1; Eff. date, 25 Sept. 69; Sup. Arndt. No. VOR/DME No. 3, Orig.; Dated, 3 July 65
FEDERAL REGISTER, V O L 34, NO. 168— WEDNESDAY, SEPTEMBER 3, 1969 RULES AND REGULATIONS 13975
1 1 . By amending § 97.23 of Subpart C to amend very high frequency omnirange (VOR) and very high frequency-distance measuring equipment (VOR/DME) procedures as follows: Standard I nstrument A pproach P rocedure—T ype VOR Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL, except H A T , H A A , and R A. Ceilings are in feet above airport elevation; Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles or hundreds of feet R V R . If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator. Initial approach minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.
Terminal routes Missed approach Minimum From— To— Via altitudes M AP: 4 miles after passing Nason Int. (feet)
ENL VORTAC...... V N N V O R ...... ______Direct...... — ...... 2100 Climb to 2100' direct to V N N VO R . Carttör Int...... V N N V O R ...... ______Direct...... — ...... 21Q0 Supplementary charting information: SAM V O R ...... VNN VOR...... Direct...______------2300 Final approach course crosses threshold E W V O R T A C ...... V N N V O R ...... _____ Direct...... 2300 Runway 5. MWA V O R ...... V N N V O R ______Direct______...... 2400 Runway 5, T D Z elevation, 469'. MWA V O R ...... ______Waltonville In t...... V-179...... 2400 Waltonville In t...... -...... Nason Int (NOPT)______Direct...... ______1700
Procedure turn E side of crs, 223° Outbnd, 043° Inbnd, 2100' within 10 miles of Nason Int. FAF, Nason Int. Final approach crs, 043°. Distance F A F to M AP, 4 miles. Minimum altitude over Nason Int, 1700'. MSA: 180°-270°—2400': 270°-180°—2100'. N ote: Use Vandalia, 111., altimeter setting when control zone not effective. $Dual V O R receivers required. •Circling and straight-in M D A increased 200' when control zone not effective except operators with approved Weather reporting service. # Alternate minimums not authorized when control zone not effective except operators with approved weather reporting service.
D a y and N ight Minimums
A B CD Cond. MDA VIS HATMDAVIS HAT MDAVIS HAT MDA VIS HAT s-5$»_.._...... 980 1 511 980 1 511 980 1 511 980 m 511
MDA VIS HAA M D A V IS . HAA MDA V i s HAA MDAVIS HAA
C$»...... 980 1 500 980 1 500 980 m 500 1040 2 560 Standard. # T 2-eng. or less—Standard. T over 2-eng.—Standard.
City, Mount Vernon; State, 111.; Airport name, Mount Vernon-OutlandjJElev., 480': Facility, V N N ; Procedure No. VO R Runway 5, Arndt. 1; Eff. date, 25 Sept. 69; Sup .Arndt. No. Orig.; Dated, 29 May 69
Terminal routes Missed approach Minimum From— Tor- Via altitudes MAP:5milesafterpassingILMVORTAC. (feet)
R 276°, ILM V O R T A C CW...... IL M R 021°...... 8-mile ÜM E Are. 1600 Climb to 1700' on R 201° within 15 miles of 5.047°, ILM V O R T A C CCW...... IL S R 021°...... 8-mile DME Are. 1600 IL M V O R T A C ; or, when directed by Hilda Int...... ILM VORTAC (NOPT)______IL M R 356°...... 1500 A T C , left turn climb to 1700' direct to Scott In t...... IL M V O R T A C (N O P T )...... IL M R 0180...... 1500 LO M and hold. Davis Int...... ILMVORTAC (NOPT)______..... ILM R047°...... 1500 Supplementary charting information: 8-mile Are...... ILMVORTAC (NOPT)______IL M R 021°...... 1500 Hold SE, 1 minute, right turns, 343° Inbnd. Final approach crs to center of airport. H IR L S Runways 16/34.
Procedure tum W side of crs, 021° Outbnd, 201° Inbnd, 1500' within 10 miles of IL M V O R T A C . FAF, ILM V O R T A C . Final approach crs, 201°. Distance F A F to M AP, 5 miles. Minimum altitude over IL M V O R T A C , 1500'. MSA: 000°-090°—1500'; 090°-180°—1700'; 180°-270°—2300'; 270°-360°—2100'.
D a y and N ight Minim um s
A B C D Cond. MDAVIS HAAMDAVIS HAA MDA VIS HÁA MDA VIS HAA c . . . 1 509 540 1 509 540 1M 509 600"' 2 569 A ...... T 2-eng. or less—R V R 24', Runway 34; Standard all other T over 2-eng.—R V R 24', Runway 34; Standard all other runways, runways.
City, Wilmington; State, N.C.; Airport name, New Hanover County; Elev., 31'; Facility, ILM ; Procedure No. VOR-1, Amdt. 6; Eff. date, 25 Sept. 69; Sup. Amdt. No. 5: Dated, 14 Aug. 69
FEDERAL REGISTER, VOL. 34, NO. 168— WEDNESDAY, SEPTEMBER 3, 1969 13976 RULES AND REGULATIONS
12. By amending § 97.25 of Subpart G to establish localizer (LOC) and localizer-type directional aid (LDA) procedures as follows: Standard I nstrument A pproach P rocedure— Type LOC Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL, except H A T , H A A, and BA. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles or hundreds of feet B VR. If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator. Initial approach minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.
Terminal routes Missed approach Minimum M AP: 4.8 miles after passing Lynnfield From— To— Via altitudes NDB. (feet)
Boston V O R T A C . LynnfleldNDB . Direct...... 2000 Climb to 2000' direct to Milton LOM and Revere In t..:..... Lynnfield NDBÜ"______Direct...... 1800 hold...... Sandhills Int...... Lynnfield N D B ______Direct...... 1800 Supplementary charting information: Danvers In t...... LynnfleldNDB (NOPT)______Direct...... —...... 1500 Hold SW of Milton LOM, 035° Inbnd, l minute, right turns. 370' stack 1 mile SW. 505'-638' buildings 1.7 to 1.9 miles W. , 845' building 3 miles W. Runway 22L, T D Z elevation, 16'.
Procedure turn E side of crs, 035° Outbnd, 215° Inbnd, 1800' within 10 miles of Lynnfield N D B. F A F , L y nnfield ND B . Final approach crs, 215°. Distance F A F to M AP, 4.8 miles. Minimum altitude over Lynnfield N D B , 1500'. , MSA: 000°-180°—1600'; 180°-360°—2400'. _ „ N otes: (1) ASR. (2) Inoperative components table does not apply to H IR L s Runway 221«. •Reduction of minimums not authorized. #900-2 for Category C aircraft; 1000-2 for Category D aircraft. %Left turn to 260° as soon as practicable after takeoff. ' ' D a y and N ight Minimums
A B C D Cond. MDA VISHAT MDA VISHAT MDA VISHAT MDA VIS HAT
420 1 404 •S-22L...... ______420 1 404 420 1 . 404 420 1 404 MDA VIS HAA MDA VIS HAA MDA VIS HAA MDA VIS HAA 801 940 2 921 C ...... 680 1 661 680 1 661 820 m T 2-eng. or less—R V R 24'. Runways 4R and 33L; 600-1 T over 2-eng.—R V R 24', Runways 4R and 33L; 600-1 Runway 27; Standard all other runways.% . Runway 27; Standard all other runways.%
City Boston- State Mass.; Airport name, General Edward Lawrence Logan International; Elev., 19'; Facility, I-BOS; Procedure No. LO C (BC) Runway 22L, Arndt. 2; Eft. ' date, 25 Sept. 69; Sup. Arndt. No. 1; Dated, 29 May 69
Terminal routes Missed approach Minimum M AP: 3.3 miles after passing Kedzie/ M X LOM. From— To— Via altitudes (feet)
2300 Climbing left turn to 2300' and proceed APIVOR ...... M X LOM...... -...... Direct. M X LO M ...... Direct. 2000 to E O N V O R T A C via R 001°. Big Run Int____ 2000 Supplementary charting information: C G T V O R T A C Calumet In t ...... Direct. MX LOM (NOPT)...... Direct. 1500 M X LOM named Kedzie. Calumet In t.___ Add R E IL’s to Runway 4R. 2049' tower 8.6 miles N Ë of airport; 776 tank 1.6 miles SE of airport; 819' tank 0.6 mile SSW of airport; 968' stacks 2.3 miles N N E of airport; 807' stacks 1. 5 miles NW of airport; 756' tank 1 mile NW of airport. 7:1 drift down applied to 838' towers at 41°44'15"/87°42'00". Runway 31L, T D Z elevation, 611'.
Procedure turn N side of crs, 132° Outbnd, 312° Inbnd, 2000' within 10 miles of Kedzie/MX LOM. F A F , Kedzie/MX LOM. Final approach crs, 312°. Distance F A F to M AP, 3.3 miles. Minimum altitude over M X LOM, 1500'. Distance to runway threshold at OM, 3.3 miles; at MM, 0.6 mile. NoTEs?fl) ASR,^2)^Uding^cale M ^a’uth°orhed. (I) Inoperative component table does not.apply to H IR L and R E IL 's Runway 31L. (4) Final approach from holding pat- tem at M X LO M not authorized; procedure turn required. (5) Back crs unusable. Caution: Tall buildings and towers to 2049' at 8 miles NE . Plan departure to avoid this area.
D a y and N ight Minim um s
A B C D Cond. V IS H A T MDA VIS HAT M D A V IS HAT MDA VIS HATMDA
1 429 1040 1 429 8-31L...... 1040 1 429 1040 1 429 1040 V IS H A A MDA VIS HAA M D A V IS HAA MDA VISHAA MDA 501 1180 1 661 c ...... 1120 1 501 1120 1 501 1120 T over 2-eng.-—200— •RVR 24', Runway 13R; 200-V6 sfl A ...... Standard. T 2-eng. or less—200—R V R 24', Runways 13R; 200-1 all others. others.
City, Chicago; State, HI.; Airport name, Chicago-Midway; Elev., 619'; Facility, T -M X T ; Procedure No. LO C Runway 31L, Arndt. Orig.; Efl. date, 25 Sept. 69
FEDERAL REGISTER, VOL. 34, NO. 168— WEDNESDAY, SEPTEMBER 3, 1969 RULES AND REGULATIONS 13977
St an d ar d I n s t b u m e n t A ppr o a c h P rocxbubb—T ÿ p e I X)C — Continued
Terminal routes Missed approach Minimum M A P: 5.3 miles after passing Globe Marker From— To— Via altitudes BCN. (feet)
LBBVORTAC ______...... Globe Marker B C N ...... ___ Direct Mackenzie Int and 5100 Climb to 5000' on LOC Crs 349° within 20 LO C (B C ). miles; or, turn right, climb to 5000' on V-76-N____— — — ______Globe Marker B C N (N O P T )______LOC (B C )______4800 L B B V O R T A C R 114®within20miles. R 251°, LB B VO RT A C CCW. _...... ______LBB LOC (BC)...... ____16-mile Arc L B B , R 161® Lead 5000 Supplementary charting information: radial. Delete from A L plate 3417' tower 1.3 miles 16-müe Arc______.— ------...... Globe Marker B C N (N O P T )...... ____LO C (B C )...... 4800 N E of airport—tower nonexistent. Runway 35L, T D Z elevation, 3250'. Procedure turn E side of crs, 169* Outbnd, 349® Inbnd, 5100' within 10 miles of Globe Marker B C N. FAF, Globe Marker B C N . Final approach crs, 349®. Distance F A F to M A P, 5.3 miles. Minimum altitude over Globe Marker B C N , 4800'; over Mackenzie Int, 3780*. Note: AS R. D ay and N ight Minimums
A B C D Cond. MDAVISHAT MDAVIS HAT MDAVIS HAT MDA VIS HAT
S-35L...... > ...... 3780 1 530 3780 1 530 3780 I 530 3780 IX 530 MDAVIS HAA MDA VIS HAA MDA. v i a HAA MDA VIS HAA
C...... 3780 1 511 3780 1 511 3780 iX 511 3820 2 551 LOC/VOR Minimums:
MDA VIS HATMDAVIS HAT MDA VISHAT MDA VIS HAT S-35L____ ...... 3540 X 290 3540 X 290 3540 X 290 3540 1 290 MDA v i a HAA MDA v i a HAA MDA VIS HAA MDA VIS HAA C...... 3700 i 431 3720 i 451 3720 IX 451 3820 2 551 A...... T 2-eng. or less—Standard. T over 2-eng.—Standard.
City, Lubbock; State, Tex.; Airport name, West Texas Air Terminal of Lubbock; Elev., 3269'; Facility, I-L B B ; Procedure No. LO G (B C ) Runway 35L. Arndt 5- E ff date 25 Sept. 69; Sup. Arndt. No. ILS-35L (B C ), Amdt.4; Dated, 3 July 65 ' ' 13. By amending § 97.25 of Subpart C to cancel localizer (L O O and localizer-type directional aid (LDA) procedures as follows: Kansas City, Mo.— Kansas City International, LOC (BC ) Runway 18, Amdt. 6,1 May 1969, canceled, effective 25 Sept. 1969. 14. By amending § 97.27 of Subpart C to establish, nondirectional beacon (automatic direction finder) (NDB/ADF) procedures as follows: Standard in str u m e n t A pproach P rocedure—T ype NDB (A D F ) Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL, except H A T , H A A , and R A . Ceilings are in feet above airport elevation instances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles or hundreds of feet R V R . If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure miess mi approach is conducted in accordance with a different procedure for such airport authorized by the Administrator. Initial approach minimum altitudes shall corresDond witn those established for en route operation in the particular area or as set forth below. v
Terminal routes Missed approach. M inim um From- To— Via altitudes M A P: 5.3 miles after passing Milton LOM. (feet)
U?m0T V0 R T A'C...... Milton L O M ...... ______D irect.______...... ____ •_ 2000 Climb to 2000' direct Beverly N D B and " Ullslnt...... — i ...... -...... Milton LOM (N O PT)...... V ia085® MHfromMillisInt. 1900 hold. and 215° bearing from Supplementary charting information: A»tnr,T * Milton LOM. Hold NW of Beverly N D B , 1 minute, ww£.IntiT-A-^v...... Milton L O M ...... Direct. ■ . 2300 left turns, 153® Inbnd. Whitman V O R T A G — ----... ------Mitton LOM (N O P T )...... Via H TM R 355® and 215°' V 1900 370' stack 1 mile SW; 505'-638' buildings bearing from Milton LOM. 1.7 to 1.9 miles W ; 845' building 3 miles W. Runway 4R, TD Z elevation, 16-'.
Proefcdme turn E side of crs, 215® Outbnd, 035® Inbnd, 2000' within 10 miles of Milton LOM. , Milton LOM. Final approach crs, 035°. Distaiice F A F to M AP, 5.3 miles. Aimimum altitude over Milton LOM, 1900'. MSA: 000°-180°—1900', 180®-360°—2400'. wotes: (l) ASR_. (2) Displaced threshold lights 2508' from end of Runway.4R; nonstandard AT,fj Runway 4R*. ion«?.?, Wn °* minimums not authorized. WJG-2 for Category C aircraft; 1000-2 for Category D aircraft. /«¡■Den turn to 260° as soon as practicable after takeoff. D ay and N ight Minimums
A B C Cond. D MDAVISHAT MDAVISHAT MDAVIS HAT MDAVIS HAT 8-4R* . R V R 40 664 680 R V R 40 664 680 R V R 50 664 680 IX 664 MDAVIS HAA MDAVIS HAA MDA VIS HAA MDAVIS HAA ' 1 661 680 1 661 820 IX 801 940 2 921 T 2-eng. or less—R V R 24', Runways 4R and 33L;% 600-1, T over 2-eng.—R V R 24', Runways 4R and 33L:% 600-1. Kunway 27; Standard all other runways. •------— _ _ Runway 27; Standard all other runways.
y. Boston, State, Mass.; Airport name, General Edward Lawrence Logan International; Elev., 19'; Facility, BO; Procedure No. N D B (A D F ) Runway 4R, Amdt. 15; Eff. date, 25 Sept. 69; Sup. Amdt. No. A D F 1, Amdt. 14; Dated, 22 Jan. 66
FEDERAL REGISTER, VOL. 34, NO. 168— WEDNESDAY, SEPTEMBER 3, 1969 13978 RULES AND REGULATIONS
Standard I nstrum ent A pproach P rocedure—‘T ype NDB(ADF)— Continued
Terminal routes Missed approach Minimum M AP: 4.8 miles after passing Lynnfield From— T o— Via altitudes NDB. (feet)
Climb to 2000' direct to Milton LOM and Boston V O R T A C ------...... Lynnfield ND B ______-- _____ Direct------2000 ______1800 hold. Revere In t...... ____ Lynnfield N D B ______...... Direct______...... Lynnfield N D B ______Direct______1800 Supplementary charting information: Sandhills Int...... Hold SW of Milton LOM, 1 minute, right Danvers Int...... Lynnfield NDB (NOPT)______Direct______- ...... 1500 ...... Lynnfield N D B ...... Direct...... 1800 turns, 035° Inbnd. Bedford N D B ...... - 370' stack 1 mile SW; 505'-638' buildings 1.7 to 1.9 miles W; 845' building 3 miles W. Runway 22L, T D Z elevation, 16'.
Procedure turn E side of crs, 035° Outbnd, 215° Inbnd, 1800' within 10 miles of Lynnfield N D B . F A F , Lynnfield NDl?. Final approach crs, 215°. Distance F A F to M AP, 4.8 miles. Minimum altitude over Lynnfield N D B , 1500'. MSA: 000°-180°—1600'; 180°-360°—2400'. N ote: ASR. ♦Reduction of minimum« not authorized. #900-2 for Category C aircraft; 1000-2 for Category D aircraft. %Left turn to 260° as soon as practicable after takeoff. „ •' - /0 Da y and N ight Minimums
A B C D Cond. MDA VIS HAT MDA VIS HATMDA VIS. H A T MDA VIS HAT
1 584 600 584 S 22L*...... 600 1 584 600 1 584 600 IK MDA VIS HAA MDA VIS HAA MDA V IS H A A MDA VIS HAA
00 o 2 921 820 £ 940 C ...... 680 1 661 680 1 661 %600-1, T over 2-eng.—R V R 24', Runways 4R and 33L; %600-l, A ...... Standard. # T 2-eng. or less—R V R 24', Runways 4R and 33L; Runway 27; Standard all other runways. Runway 27; Standard all other runways.
Citv Boston- State Mass.; Airport name, General Edward Lawrence Logan International; Elev., 19'; Facility, SEW.; Procedure No. N D B (A D F ) Runway 22L, Arndt. 1; Eff. date, 25 Sept. 69; Sup. Amdt. No. Orig.; Dated, 29 May 69
Terminal routes Missed approach Minimum From— To— Via altitudes M AP: 4.4 miles after passing Hull LOM. (feet)
Hull LO M ...... Direct. 1500 Make right-climbing turn to 2000' direct Boston V O RT A C ... 1500 Beverly N D B and hold. Revere Int...... Hull LO M ...... Direct. Hull LOM (NOPT). Direct. 1500 Supplementary charting information: Sandhills In t...... 2000 Hold NW of Beverly N D B , 1 minute, left Whitman V O R T AC . Nantasket Int____ Direct. Hull LOM (N O P T ) Direct. 1500 turns, 153° Inbnd. Nantasket Int------370' stack 1 mile SW; 505'-638' buildings 1.7 to 1.9 miles W; 845' building 3 miles W. Runway 33L, T D Z elevation, 16'.
Procedure turn E side of crs, 150° Outbnd, 330° Inbnd, 1500' within 10 miles of Hull LOM. F A F , Hull LOM. Final approach crs, 330®. Distance F A F to M AP, 4.4 miles. Minimum altitude over Hull LOM, 15007. MSA: 000*-090°—1700'; 090°-180°—1600'; 180°-360°—2400'.
N ote: ASR. ♦Reduction of minimums not authorized. #900-2 for Category C aircraft; 1000-2 for Category D aircraft. %Left turn to 260° as soon as practicable after takeoff. ' '' D a y and N ight Minimums
A B C D Cond. HAT MDA VIS HAT MDA VIS HATMDA VIS HATMDA VIS
R V R 60 504 S-33L*...... 520 R V R 40 504 520 R V R 40 504 520 R V R 40 504 520 HAA MDA ' VIS HAA MDA VIS HAA MDA VISHAA MDA VIS 940 2 921 C...... 680 1 661 680 1 661 820 1M 801 A Standard.# T 2-eng. or less— RV R 24', Runways 4R and 33L;%600-1, T over 2-eng.—R V R 24', Runways 4R and 33L;%600-1...... Runway 27; Standard all other runways. Runway 27; Standard all other runways.
City Boston; State. Mass.; Airport name, General Edward Lawrence Logan International; Elev., 19'; Facility, L I; Procedure No. N D B (A D F ) Runway 33L, Arndt. 4, E date, 25 Sept. 69; Sup. Amdt. No. A D F 3, Amdt. 3; Dated, 6 Feb. 69
FEDERAL REGISTER, VOL. 34, NO. 168— WEDNESDAY, SEPTEMBER 3, 1969 RULES AND REGULATIONS 13979
Standard I nstrum ent A pproach P rocedure—T ype NDB (AD F)— Continued
Terminal routes Missed approach Minimum M AP: 5 miles after passing Hines/MD From— T o - Via altitudes LOM. (feet)
A P I V O R ______!___ ;______MD LOM ______.. . Direct______2500 Right turn to 2300' and proceed to EO N Big Run Int______- ______MD LO M ______a.____ Direct______2500 V O R T A C v ia E O N R 001°. MX LOM...... _ ...... — ...... MD LOM ______._ Direct__ »______:______..___ 2500 Supplementary charting information: M D LOM named Hines. 2049' tower 8.6 miles N E of airport; 776' ■ tank 1.6 miles SE of airport; 819' stacks 0.6 mile SSW of airport; 968' stacks 2.3 miles N N E of airport; 807' stacks 1.5 miles NW of airport; 756' tank 1 mile NW of airport. Runway I3R, T D Z elevation. 610'.
Procedure turn W side of crs, 312° Outbnd, 132° Inbnd, 2500' within 10 miles of Hines/MD LOM. FAF, Hines/MD LOM. Final approach crs, 132°. Distance F A F to M AP, 5 miles. Minimum altitude over Hines/MD LOM, 2300'. MSA: 000°-1806—3100'; 180°-270°—2400'; 270°-360°—2600'. N otes: (1) ASR. (2) Inoperative component table does not apply to A LS Runway 13R. (3) Air carrier reduction for ALS not authorized. (4) Sliding scale not authorized. Caution: Tall buildings and towers to 2049', 8 miles N E . Plan departure to avoid this area.
D a y and N ight Minim um s
"A B C D Cond. MDA .VIS H A T MDA VISHAT MDA VIS HAT MDA VIS HAT
8-K R ...... 1120 1 510 1120 1 510 1120 1 510 1120 1 610 MDA VIS HAA MDAVISHAA MDA VIS HAA MDAVIS HAA C...... 1120 1 501 1120 1 501 1120 m 501 1180 2 661 A ...... Standard. T 2-eng. or less—200—R V R 24', Runway 13R; 200-1 all T over 2-eng.—200—R V R 24', Runway 13R; 200-5^ all others. others.
City, Chicago; State, HI.; Airport name, Chicago-Midway; Elev., 619'; Facility, MD; Procedure No. N D B (A D F ) Runway 13R, Arndt. Orig.; Eff. date, 25 Sept. 69
Terminal routes Missed approach Minimum M AP: 3.3 miles after passing Kedzie/MX From— To— Via altitudes LOM. (feet)
APIVOR ...... M X LOM ...... Direct. 2300 Climbing left to turn 2300* and proceed to Big Run In t ...... M X LO M ...... Direct. 2000 E O N V O R T A C via R 001°. CGTVORTAC ______. ______i...... Calumet In t______...______Direct. 2000 Supplementary charting information: Calumet In t ..A ...... MX LOM (NOPT)...... Direct. 1500 M X LOM named Kedzie. Add R E IL’s to Runway 4R. 2049' tower 8.6 miles N E of airport; 776' tank 1.6 miles SE of airport; 819' stack 0.6 miles SSW of airport; 968' stacks 2.3 miles N N E of airport; 807' stacks 1.5 miles NW of airport; 756' tank 1 mile NW of airport. 7:1 drift down applied to 838' towers at 41°44'15" /87°42'00". Runway 31L. T D Z elevation. 611'.
Procedure turn N side of crs, 132° Outbnd, 312° Inbnd, 2000' within 10 miles of Kedzie/MD LOM. FAF, Kedzie/MX LOM. Final approach crs, 312°. Distance F A F toM A P , 3.3 miles. •> Minimum altitude over M X LOM, 1500'. MSA: 090°-180°—2200'; 180°-270°—2400'; 270°-090°—3100'. N otes: (1) ASR. (2) Sliding scale not authorized. (3) Final approach from holding pattern at M X LOM not authorized; procedure turn required. Caution: Tall buildings and towers to 2049' at 8 miles N E . Plan departure to avoid this area.
Da y and N ight Minimums
AB C D Cond. MDAVISHAT MDA VIS HAT MDA VIS HAT MDA VIS HAT
S-31L. 1 509 1120 1 509 1Í2Q 1 509 1120 1 509
MDA VIS HAAMDA VISHAA MDAVIS HAA MDA VIS HAA C... 1 501 1120 1 501 1120 m 501 1180 2 561 A... T 2-eng. or less—200— RV R 24' Runway 13R; 200-1 all T over 2-eng.—-200—R V R 24' Runway 13R; 200-^ all others. others.
City, Chicago; State, 111.; Airport name, Chicago-Midway; Elev., 619'; Facility, M X; Procedure No. N D B (A D F ) Runway 31L, Arndt. Orig.; Eff. date, 26 Feb. 69
FEDERAL REGISTER, VOL. 34, NO. 168— WEDNESDAY, SEPTEMBER 3, 1969 No. 1 SB- 13980 RULES AND REGULATIONS
Stand ard I n s t r u m e n t A ppr o a c h P rocedure—T y p e NDB (ADF)-—Continued
Terminal routes Missed approach Minimum ' From— To-* Via altitudes M AP: 3.6 miles after passing OM. (feet)
Willow DME Fix. Mack Int...... Via 111° Bearing N D B . 12,000 Right climbing turn to 8000' direct to GJT Mack Int...... Loma Int...... Direct...... 8300 N D B and hold;* or, when directed by GJT R 151°, CW. GJT R 232°______14-mile DME Arc_____ 11,200 A T C , climb straight ahead to 5700', right GJT R 232°, CW. GJT R 341°...... 14-mile DME Arc_____ 8000 climbing turn to 10,000' to GJT VOR. Loma Int...... GJT NDB (NOPT) Direct...... 7800 Supplementary charting information: GJT V O R ______GJT N D B ...... Direct______8600 *Hold SW, 052° Inbnd, left turns, 1 minute. Sharp Int...... GJT N D B ...... Direct...... _. 8000 R E IL Runways 11/29. Salt Creek Int___ GJT N D B ______Direct...... 8000 Cautio n: High terrain all quadrants. Runway 11, T D Z elevation, 4849'.
Procedure turn S side of crs, 290° Outbnd, 110° Inbnd, 7800' within 10 miles of GJT N D R. FAF, OM. Final approach crs, 110°. Distance F A F to M AP, 3.6 miles. Minimum altitude over GJT N D B , 7800'; over OM, 6000'. MSA: 000°-180°—11,500'; 180°-270°—10,700'; 270°-3606—10,100'. N ote: Radar vectoring. % IF R departure procedures: All departures must comply with published Grand Junction SID’s. #Air carrier reduction not authorized Runway 4. D a t and N ight Minimums
A B C D MDA VIS HAT MDA VIS HAT MDA VIS HAT MDA VIS HAT
8-11...... _...... 5400 1 551 5400 1 551 5400 1 551 6400 1% 551 MDA VIS HAA MDA VIS HAA MDA VIS HAA MDA VIS HAA C ...... 5400 1 543 5400 1 543 5420 lÿ i 663 5500 2 643 A ._ ...... Standard. T 2-eng. or less—1000-3 required Runway 4; Standard all T over 2-eng.—1000-3 required Runway 4; Standard all others.%# • others.%#
City. Grand Junction; State, Colo.; Airport name, Walker Field; Elev., 4857'; Facility’, GJT; Procedure No. N D B (A D F ) Runway 11, Amdt. 5; Eff. date, 25 Sept. 69; Sup. Arndt. No. A D F 1, Amdt. 4; Dated, 24 Sept. 66
Terminal routes Missed approach Minimum From— To— Via altitudes M AP: 3.8 miles after passing LB LOM. (feet)
L B B V O R T A C ...... LB LO M ------..... Direct. 4600 Climb to 5100' on bearing 169° from LB Int LB B R 114°, and bearing 169° from LB LB LO M ...... : Direct. 4600 LOM within 15 miles; or, turn left, climb LOM. to 6000' on LBB V O R T A C R 1146 with- Int PVW V O R R 184°, and bearing 349° from LB LOM (N O P T ) Direct. 4600 in 20 miles. LB LOM. Supplementary charting information: Delete from A L plate 3417' tower 1.3 miles N E of airport—tower, nonexistent. Runway 17R, T D Z elevation, 3269'.
Procedure turn E side of crs, 349° Outbnd, 169° Inbnd, 4600' within 10 miles of LB LOM. F A F , LB LOM. Final approach crs, 169°. Distance F A F to M AP, 3.8 miles. Minimum altitude over LB LOM, 4600'. MSA: 000°-090°—4600'; 090°-270o—5200'; 270°-360°—4900'. N ote* .ÀSR* D a y and N ight Minimums
A B C D MDA VIS HAT MDA VIS HAT - MDA VIS HAT MDA VIS HAT
8-17 R ...... 3640 */*. 371 3640 h 371 3640 Ji 371 3640 . 1 371 MDA VIS TT A A MDA VIS HAA MDA VIS HAA MDA VIS HAA C...... 3700 1 431 3720 1 451 3720 IM 451 3820 2 551 A ...... Standard. T 2-eng. or less—Standard. T over 2-eng.—Standard.
City, Lubbock; State, Tex.; Airport name> West Texas Air Terminal of Lubbock; Elev., 3269'; Facility, LB ; Procedure No. N D B (A D F ) Runway 17R, Amdt. 10; Eff. date, 25 Sept. 69; Sup. Amdt. No. A D F 1, Amdt. 9; Dated, 3 July 65
FEDERAL REGISTER, VOL. 34, NO. 168— WEDNESDAY, SEPTEMBER 3, 1969 RULES AND REGULATIONS 13981
15. By amending § 97.27 of Subpart C to amend nondirectional beacon (automatic direction finder) (NDB/ADF) procedures as follows :
Stand ard I n s t r u m e n t A ppr o a c h P rocedure—T y p e N D B (A D F ) Bearings, headings, courses and radiais are magnetic. Elevations and altitudes are in feet MSL, except H A T , H A A , and R A. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles or hundreds of feet R VR . If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator. Initial approach minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.
Terminal routes Missed approach Minimum From— To— ' Via altitudes M AP: 3.4 miles after passing B D G N D B . (feet)
Dove Creek V O R — ...... -...... Blanding N D B ------...... Direct...... 8500 Climbing right turn to 7500' direct BD G N D B and hold.* Supplementary charting • information: *Hold S, 1 minute, right turns, 353° Inbnd. 3 L R C O —DVC, 122.1. Runway 35, T D Z elevation, 5815'.
Procedure turn E side of crs, 173* Outbnd, 353° Inbnd, 7500' within 10 miles of BD G ND B . FAF, B D G N D B . Final approach crs, 353°. Distance F A F to M AP, 3.4 miles. Minimum altitude over B D G N D B , 6600'. MSA: 030°-210°—8000'; 210°-300°—10,100'; 300°-030®—12,400'. Notes: (1) Final approach from holding pattern not authorized; procedure turn required. (2) Use Cortez, Colo., altimeter setting, except operators with approved weather reporting service. (3) Approach not authorized when R-6410 is active, or Cortez, Colo., altimeter setting not available.
Day and Night Minimums ¡i A B C D Cond MDAVISHATMDAVISHAT MDA VIS HAT MDAVIS HAT
8-35___ 6400 1 585 6400 1 585 6400 1 585 6400 1M 685 MDA VIS HAÀMDAVIS HAAMDA VIS HAA MDAVIS HAA C...... 6560 1 695 6580 1 715 6600 735 6600 2 735 A ...... ______.. Not authorized. T 2-eng. or less--Standard. T over 2-eng.-—Standard.
City, Blanding; State, Utah; Airport name, Blanding Municipal; Elev., 5865'; Facility, BD G ; Procedure No. N D B (A D F ) Runway 35, Amdt. 1; Eff. date, 25 Sept. 69; Sud. Arndt. No. Orig.; Dated, 14 Aug. 69
Terminal routes Missed approach Minimum From— To— Via altitudes M AP: 0 mile after passing CFV ND B. (feet)
Liberty In t J ...... , C FV N D B ...... 1...... Direct...... 2400 Climbing right turn to 2400' on bearing Tyro Int...... C FV N D B ...... Direct...... 2400 156° C FV N D B within 10 miles, left turn IDPNDB...... C FV N D B ______Direct...... 2400 to CFV NDB. OSWVOR...... C FV N D B ...... Direct...... 2400 Supplementary charting information: Final approach crs intercepts runway centerline 3475' from threshold. Tower 3.4 miles SW of airport 1290'.
Procedure turn E side of crs, 155° Outbnd, 335° Inbnd, 2400' within 10 miles of C FV ND B . Final approach crs, 335°. MSA: 000°-090°—2400'; 090°-270°—2300'; 270°-360°—2600'. Note: Use Chanute, Kans., altimeter setting. %IFR departure procedures: When weather is below 600-2, plan flight to avoid 1290' tower before departing SW.
D a y and N ight Minim um s
AB C D Cond. MDA VIS HATMDA VIS HATMDAVIS HAT VIS
8-35.. 1360 1
I M A VIS H A A MDA VISMD HAA MDA VIS HAA c . . . 1 609 1360 1 609 1360 A.. bvaUuärUi /o
City, Coffeyville; State, Kans.; Airport name, Coffeyville Municipal; Elev., 751'; Facility, CFV; Procedure No. N D B (A D F ) Runway 35, Amdt. 1; Eff. date, 25 Sept. 69; Slip. Amdt. No. Orig.; Dated, 29 Feb. 68
FEDERAL REGISTER, VOL. 34, NO. T68— WEDNESDAY, SEPTEMBER 3, 1969 13982 RULES AND REGULATIONS
Standard I nstrum ent A pproach P rocedure—T ype NDB (AD F)— Continued
Terminal routes Missed approach Minimum From— T o— Via altitudes M AP: 2.6 miles after passing RM G NDB. (feet)
Dalton In t_____ ...... RM G N D B ______D irect...... ""3500 Climbing right turn to 3000' direct to RMG Kennesaw I n t ...... R M G N D B ______Direct______.... ______3500 N D B and hold. RMGVOR ...... ______RMG NDB (NOPT)...... ______D irect...... 1700 Supplementary charting information: Hold S, 1 minute, right turns, 344° Inbnd. L R C O 122.2, 123.6.
Procedure turn W side of crs, 164° Outbnd, 344° Inbnd, 3000'.within 10 miles of RM G N D B. F A F , RM G N D B . Final approach Crs, 004°. Distance F A F to M AP, 2.6 miles. Minimum altitude over RM G N D B , 1700'. MSA :000°-180°—3900'; 180°-270°—3600'; 270°-360°—4000'. # Alternate minimums authorized only for operators with approved weather reporting service. ‘ Night minimums not authorized on Runways 7-26,13-31. Cau tio n: Unlighted trees and terrain 1182', 1J£ mile WNW of airport.
D a y and N ight Minimums
A BC D Cond. MDA VISHAA MDA VISHAAMDA VISHAAVIS
C *...... __...... 1360 1 716 1360 1 716 1500 1M 856 NA A ...... Standard.# T 2-eng. or less—Standard. T over 2-eng.—Standard.
Citv Rome- State. Ga.; Airport name, Russell Field; Elev., 644'; Facility RM G; Procedure No. N D B (A D F ) Runway 36, Arndt. 4; Efl. date, 25 Sept. 69; Sup. Arndt. No. N D B (A D F )-l, Arndt. 3; Dated, 24 July 69
Terminal routes Missed approach Minimum From— To— Via altitudes MAP: MWM NDB. (feet)
O T G V O R ...... v ___ MWMNDB...... Direct...... 3000 Climb to 3000'on 167° bearing from NDB RWFVOR .'.I ...... MWMNDB ...... Direct-______— . „ i . ____ :____ 3000 within 10 miles, return to ND B. F R M V O R ...... MWMNDB ...... Direct...... 3000 Supplementary charting information: Final approach intercepts runway center line 1140' from threshold. Runway 17, T D Z elevation, 1407'.
Procedure turn W side of crs, 347° Outbnd, 167° Inbnd, 3000' within 10 miles of MWM N D B . Final approach crs, 167°. M SA: 000°-360°—2800'. N otes: (1) Use Redwood Falls, Mind., altimeter setting except for operators with approved weather reporting service. (2) Operators with approved weather reporting serv ice may reduce all M D A ’s by 160'. ... •Standard alternate minimums for operators with approved weather reporting service.
D a y and N ight Minimums
A B C D MDA VIS HAT MDA VIS HAT MDA VIS HAT VIS
8-17...... 2020 1 613 2020 1 613 2020 1 613 NA MDA VIS HA A MDA VIS HAA MDA VIS HA A C ...... 2020 1 611 2020 1 611 . 2020 1J£ 611 NA A ...... Not authorized.* T 2-eng. or less—Standard. T over 2-eng.—Standard.
City, Windom; State, Minn.; Airport name, Windom Municipal; Elev., 1409'; Facility, MWM; Procedure No. N D B (A D F ) Runway 17, Arndt. 1; Efl. date, 25 Sept. 69; Sup. Amdt. No. N D B (A D F ) Runway 35, Orig.; Dated, 26 June 69
FEDERAL REGISTER, VOL. 34, NO. 168— WEDNESDAY, SEPTEMBER 3, 1969 RULES AND REGULATIONS 13983
16. By amending § 97.29 of Subpart C to establish instrument landing system (ILS ) procedures as follows: Standard I nstrument A pproach P rocedure—T ype ILS
Terminal routes Missed approach Minimum M A P: IL S D H, 216'; LO C 5.3 miles after From— To— Via altitudes passing Milton LOM. (feet)
Milton LO M ...... Direct...... 2000 Climb to 2000' direct to Danvers Int and Boston VO R T A O . . 1900 hold, or when directed by A T C , make Millis Int...... Milton LOM (N O PT ). 086° from Millis Int and BOS LOC crs. right-climbing turn to 2000' direct to Milton L O M ...... Direct...... 2300 Skipper Int and hold. Hold East Skipper Action In t...... 1900 Int, 1 minute, right turns, 279° Inbnd. Whitman VO R TAC . Müton LOM (N O PT ). H T M R 355°, and BOS LO C crs. Supplementary charting information: Hold N E of Danvers Int, 1 minute, right turns, 210° Inbnd. 370' stack 1 mile SW. 605'-638' buildings 1.7 to 1.9 miles W. 845' building 3 miles W. Runway 4R, T D Z elevation, 16'.
Procedure turn E side of crs, 216° Outbnd, 036° Inbnd, 2000' within 10 miles of Milton LOM. FAF, Milton LOM. Final approach crs, 036°. Distance F A F to M AP, 6.3 miles. ■. Minimum glide slope interception altitude, 1900'. Glide slope altitude at OM, ISIS'; at MM, 268'. Distance to runway threshold at OM, 5.3 miles; at MM, 0.6 mile. MSA.* 000° 180° lOOO7- 180O—360°__2400^. Notes: (1) A SR . (2) Displaced threshoid lights 2508' and IL S touchdown point approximately 3500' from approach end of Runway 4R. (3) Nonstandard ALS, Runway 4 R. * Reduction of minimums not authorized. Inoperative components table does not apply to ALS. Visibility R V R 50 required. $ILS: D H 424'/RVR 40' when tower advises of known surface vessels in approach area. #900-2 for Category C aircraft; 1000-2 for Category D aircraft. %Left turn to 260° as soon as practicable after takeoff. D a y and N ight Minimums
A B ______O ______P ______C0nd* pH W HAT DH VIS HAT • DH VIS HAT DH VIS HAT
S-4R$...... 216 R V R 24 200 216 R V R 24 • 200 216 R V R 24 200 216 R V R 24 200 LOC*...... MDA VIS HAT MDA VIS HAT MDA VIS HAT MDA VIS HAT 8-4R...... 500 R V R 40 484 500 R V R 40 484 500 R V R 40 484 500 R V R 40 484 MDA VIS HAA MDA VIS HAA MDA VIS HAA MDA VIS HAA C...... 680 1 661 680. 1 661 820 M 80Ì 840 2 921 A .... Standard.# T 2-eng. or less—R V R 24'. Runways 4R and 33L; 600-1, T over 2-eng.—R V R 24', Runways 4R and 33L; 600-1, Runway 27; Standard all other runways.% Runway 27; Standard all other runways.%
City, Boston; State, Mass.; Airport name, General Edward Lawrence Logan International; Elev., 19'; Facility, I-BOS; Procedure No. IL S Runway 4R, Arndt. 18; Eff. date, 25 Sept. 69; Sup. Arndt. No. ILS-4R , Arndt. 17; Dated 19 N ov. 69
FEDERAL REGISTER, V O L 34, NO. 168— WEDNESDAY, SEPTEMBER 3 , 1969 13984 RULES AND REGULATIONS
Standard I nstrument A pproach.P rocedure—T ype ILS— Continued
Terminal routes Missed approach Minimum M AP: IL S DH, 216'; LOC 4.4 miles after From— To— Via altitudes passing Hull LOM. (feet)
Boston V O R T A C ...... Hull L O M ...... Direct____ ...... 1500 Make right-climbing turn to 2000', direct ...... Hull LO M ...... _____ Direct...... 1500 to Danvers Int and hold, or when _ Hull LOM CNOPT)______...... Direct____ ...... 1500 directed by A T C , make right-climbing Whitman V O R T A C ...... Nantasket In t..______Direct____ 2000 turn to 2000' direct to Skipper Int and Nantasket Int...... Hull LOM (NOPT)...... ___ Direct____ ...... 1500 hold. Hold E Skipper Int, 1 minute, right turns, 279° Inbnd. Supplementary charting information: Hold N E of Danvers Int, 1 minute, right turns, 210° Inbnd. 370' stack 1 mile SW. 505'-638' buildings 1.7 to 1.9 miles W. 845' building 3 miles W. Runway 33L, T D Z elevation, 16'.
Procedure turn E side of crs, 150° Outbnd, 330° Inbnd, 1500' within 10 miles of Hull LOM. F A F , Hull LOM. Final approach crs, 330°. Distance F A F to M AP, 4.4 miles. Minimum glide slope interception altitude, 1500'. Glide slope altitude at OM, 1457'; at MM, 217'. Distance to runway threshold at OM, 4.4 miles; at MM. 0.5 mile. MSA: 000°-090°—1700'; 090°-180°—1600'; 180°-360°—2400/. N otes: (1) ASR. (2) Glide slope unusable below 216'. $ILS: D H 419'/40; M D A 460740 when tower advised of known surface vessels in approach area. #900-2 for Category C aircraft; 1000-2 for Category D aircraft. ‘ Reduction of minimums not authorized. Inoperative components table does not apply to ALS Runway 33L. R V R 50' required. %Left turn to 260° as soon as practicable after takeoff. D a y and N ight Minimums
A B C D DH VIS HAT DH VIS HAT DH VIS HAT DH VIS HAT
S-33L$_.__ ...... 216 R V R 24 200 216 R V R 24 200 .216 R V R 24 200 216 R V R 24 200 LO C :$* MDA VIS HAT MDA VIS HAT MDA VIS HAT MDA VIS HAT S-33L-...... 350 RV R 40 334 350 R V R 40 334 350 R V R 40 334 350 R V R 40 334 MDA VIS HA A MDA VIS HAA MDA VIS HAA MDA VIS HAA
C...... 680 1 661 680 1 661 820 1M 801 940 2 921 A ...... Standard.# T 2-eng. or less—a R V R 24'. Runways 4R and 33L; 600-1, T over 2-eng.—R V R 24'. Runways 4R and 33L; 600-1, Runway 27; Standard all other runways.% Runway 27; Standard all other runways.%
City, Boston; State, Mass.; Airport name, General Edward Lawrence Logan International; Elev., 19'; Facility, I-L IP ; Procedure No. IL S Runway 33L, Amdt. 6; Efl. date, 25 Sept. 69; Sup. Amdt. No. ILS-33L, Amdt. 5; Dated, 6 Feb. 69
Terminal routes Missed approach Minimum From— To— Via altitudes M AP: IL S DH, 868'; LO C 5 miles after » (feet) passing Hines/MD LOM.
M X LO M ______.-MD LOM... ______D irect...... „ ______2500 //(take right turn, climb to 2300' and proceed API VOR.... _____ MD L O M ... _____... Direct...... ______, 2500 to EON VORTAC via R 001°. Supplementary charting information: MD LOM nam^d Hines. Add R E IL ’s to Runway 4R. 2049' to w e r 8.6 miles N E of airport; 776 tank 1.6 m iles SE "of airport; 819 stacks 0.6 mile SSW of airport; 968' stacks 2.3 miles N N E of airport; 807' stacks 1.5 miles NW of airport; 756' tank 1 mile NW of airport. Runway 13R, T D Z elevation 610'.
■Procedure turn W side of crs, 312° Outbnd, 132° Inbnd, 2500' within 10 miles of MD LOM. FAF, Hines/MD LOM!. Final approach crs, 132°. Distance F A F to M AP, 5 miles. Minimum altitude over Hines/MD LOM, 2300'. Minimum glide slope interception altitude, 2300'. Glide slope altitude at OM, 2255'; at MM, 868'. Distance to runway threshold at OM, 5 miles; at MM, 0.6 mile. MSA: 000°-180°—3100'; 180°-270°—2400'; 270°-360°—2600'. Cau tio n: Tall buildings and towers to 2049', 8 miles N E ; plan departure to avoid this area. . N otes: (1) ASR. (2) Inoperative component table does not apply to ALS and H IR L on Runway 13R. (3) Sliding.scale not authorized. (4) Air carrier reduction for ALb not authorized. (5) Glide slope unusable below 868' MSL. (6) Back crs unusable. D a y and N ight Minimums
A B C D Cond. DHVIS HATDH VISHAT DHVISHATDH VIS HAT
S-13R...... 868 % 258 868 M 258 868 V i 258 868 H 258 LOC ...... M D A VIS HATMDA VIS HAT MDAVIS HAT MDA VIS HAT S-13R...... 1060 1 450 1060 1 450 1060 1 450 1060 l 450 MDA VISHAAMDA VISHAAMDA VIS HAAMDA VIS HAA
C ...... 1120 1 501 1120 1 501 1120 m 501 1180 2 561 A ...... Standard. T 2-eng. or less—200—R V R 24' Runway 13R; 200-1 all T over 2-eng.—200—R V R 24' Runway 13R; 200-Mi others. others.
City, Chicago; State, HI.; Airport name, Chicago-Midway; Elev., 619'; Facility I-MDW; Procedure No. IL S Runway 13R, Amdt. 26; Efl. date, 25 Sept. 69; Sup. Amdt. No. 25, Dated, 15 Aug. 68
FEDERAL REGISTER, VOL. 34, NO. 168— WEDNESDAY, SEPTEMBER 3, 1969; RULES AND REGULATIONS 13985
Standard I nstrum ent A pproach P rocedure-—T ype ILS-—Continued
Terminal routes Missed approach Minimum M AP: IL S DH, 5132'; LOC 3.6 miles after From— To— Via altitudes passing OM. (feet)
Willow DME Fix. Mack Int— . . ____ .1 LO C crs...... 12,000 Climb straight ahead to 6400', right-climb- Mack Int...... Loma In t ..______LOCcrs...^...... 8300 ing turn to GJT N D B at 8000'and hold;* GJT K 151°, CW. GJT R 232°______14-mile DME Arc...... 11,200 or, when directed by A T C , climb straight GJT R 232°, CW. GJT R 341°...... — . 14-mile DME A rc ...... 8000 ahead to 5400', then right-climbing turn Loma Int...... GJT NDB (NOPT) Direct...... 7800 to lO.OOO7 direct to GJT VO R. Sharp In t-.-.-..; GJT NDB....;;.... Direct...... 8000 Supplementary charting information: Salt Creek Int__ GJT N D B ______Direct______8000 *Hold NW, 110° Inbnd, right turns, 1 GJT V O R ...... GJT N D B ______Direct...... 8600 minute. R E IL Runways 11/29. Caution: High terrain all quadrants. Runway 11, T D Z elevation, 4849'.
Procedure turn S side of crs, 290° Outbnd, 110° Inbnd, 7800' within 10 miles of GJT NDB. FAF, OM. Final approach crs, 110°. Distance F A F to M AP, 3.6 miles. Minimum altitude over OM, 5943'. ——. Minimum glide slope interception altitude, 7800'. Glide slope altitude at OM, 5943'; at MM, 5063'. Distance to runway threshold at OM, 3.6 miles; at MM, 0.6 mile. MSA: 000°-180°—11,500'; 180°-270°—10,700'; 270°-360°—10,100'. Notes: (1) Radar vectoring. (2) Glide slope unusable below 6132' MSL. % IF R departure procedures: A ll departures must comply with published Grand Junction SID ’s. ¿Inoperative table does not apply to H IR L or R E IL Runway 11. Da y and N ight Minimums
A B C D Cond. DH VIS HAT DH VIS . HATDH VIS HATDH VIS HAT
8-11.... ____ 5132 h 283 5132 v< 283 6132 f t 283 5132 h 283 LOC: 1 M D A V IS H A T MDA VIS HAT MDA VIS HAT MDAVIS HAT S-ll$__ 5180 1 331 5180 1 331 5180 1 331 6180 1 331
MDA VIS H A A MDA VIS HAA MDA VIS HAA MDAVIS HAA C— 5360 1 503 5380 1 523 5420 m 563 5500 2 643 A______... Standard. T 2-eng. or less—1000-3 required Runway 4; standard all. T over 2-eng —1000-3 required Runway 4; standard all others.% others.%
City, Grand Junction; State, Colo.; Airport name, Walker Field; Elev., 4857'; Facility, I-G JT; Procedure No. IL S Runway 11, Arndt. 21; Eff. date, 25 Sept. 69: Sud. Arndt No. ILS-11, Arndt. 20; Dated, 24 Sept. 66
Terminal routes Missed approach Minimum M AP: IL S D H, 3469'; LO C 3.8 miles after V From— To— Via altitudes passing LB LOM. (feet)
l b b V O R T A C ...... LB LOM ______...... Direct...... 4600 Climb to 6100' on LO C (B C ) 169° within IntLBB R 114°, and LB B LO C ...... LB LOM ______Direct*...... 4600 20 miles; or, turn left, climb to 5000' on Int PVW VO R R 184°, and IL S (F C )_____ ... LB LOM (NOPT)______Direct...... 4600 LB B V O R T A C R 114° within 20 miles. Supplementary charting information: Delete from A L plate 3417' tower 1.3 miles N E of airport—tower nonexistent. Runway 17R, T D Z elevation, 3269'.
Procedure turn E side of crs, 349° Outbnd, 169° Inbnd, 4600' within 10 miles of LB LOM. FAF, LB LOM. Final approach crs, 169°. Distance F A F to M AP, 3.8 miles. Minimum glide slope interception altitude, 4600'. Glide slope altitude at OM, 4500'; at MM, 3499'. Distance to runway threshold at OM, 3.8 miles; at MM, 0.6 mile. MSA: 000°-090°—4600'; 090°-270°—5200'; 270°-360°—4900'. Note: ASR. Day and N ight Minimums
A B C D Cond. DH VISHAT D H • VISHATDH VIS HAT DH VIS HAT S-17R. to 200 3469 to 200 3469 200 3469 to 200 LOQ: MDA VIS HAT MDAVIS HAT MDAVIS HAT MDA VIS HAT S-17R. 311 to 3580 to 311 3580 to 311 3580 h 311 MDAVIS HAA MDAVIS HAA MDAVIS HAA MDA VIS HAA C._ 1 431 3720 1 451 3720 m 451 3820 2 551 A.. T 2-eng. or less—Standard. T over 2-eng.—Standard.
City, Lubbock; State, Tex.; Airport name, West Texas A ir Terminal of Lubbock; Elev., 3269'; Facility, I-L B B , Procedure No. IL S Runway 17R, Arndt. 10- Eff. date 25 SeDt 69; Sup. Arndt. No. ILS-17R, Arndt. 9; Dated, 3 July 66 ’ ’
FEDERAL REGISTER, VOL. 34, NO. 168— WEDNESDAY, SEPTEMBER 3, 1969 13986 RULES AND REGULATIONS
17. By amending § 97.29 of Subpart C to cancel instrument landing system (ILS) procedures as follows: Kansas City, Mo.— Kansas City International, ILS Runway 36, Amdt. 6,1 May 1969, canceled, effective 25 Sept. 1969. 18. By amending § 97.31 of Subpart C to establish precision approach radar (PAR ) and airport surveillance radar (ASR) procedures as follows: Standard I nstrum ent A pproach P rocedure—T ype R adar - ^ v Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL, except H A T , H A A, and R A . Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles or hundreds of feet R VR . If a radar instrument approach is conducted at the below named airport, it shall be in accordance with the following instrument procedure, unless an approach is conducted in accordance with a different procedure authorized for such airport by the Administrator. Initial approach minimum altitude(s) shall correspond with those established for en route operation in the particular area or as set forth below. Positive identification must be established with the radar controller. Prom initial contact with radar to final author ized landing minimums, the instructions of the radar controller are mandatory except when (A ) visual contact is established on final approach at or before descent to the author ized landing minimums, or (B) at Pilot’s discretion if it appears desirable to discontinue the approach. Except when the radar controller may direct otherwise prior to final approach, a missed approach shall be executed as provided below when (A ) communication on final approach is lost for more than 5 seconds during a precision approach, or for more than 30 seconds during a surveillance approach; (B) directed by radar controller; (C) visual contact is not established upon descent to authorized landing minimums; or (D ) if landing is not accomplished.
Radar terminal area maneuvering sectors and altitudes (sectors and distances measured from radar antenna) Notes From— To— Distance Altitude
40° CW 260° 50 miles 2500 Standard clearance of 1000' from 0-3 miles must be 260° CW 340° 50 miles 4000 provided over: (1) 1349' antennas, bearing 268°/ 065° CW 220° 25 miles 1500 10 miles from airport. (2) 849' antenna, bearing 220°/ 220° CW 270° 25 miles 2000 10 miles from airport. 270° CW 295° 25 miles 2100 Reduction of minimums not authorized. 295° CW 065° 25 miles 2000 340° CW 220° 15 miles 1500 220° CW 340° 15 miles 1800
Inoperative components table does not apply to H IR L 's on Runways 15R, 22L, 22R, and 27. Inoperative components table does not apply to A LS Runways 4R and 33L, with A LS inoperative 1 mile required. Displaced threshold lights 2508' and IL S touchdown point approximately 3500' from approach end of Runway 4R. Nonstandard approach lights Runway 4R. #900-2 for Category C aircraft; 1000-2 for Category D aircraft. %Left turn to 260° as soon as practicable after takeoff . • MISSED APPROACH: Runways 22L/R, 15R, and 27, make left climbing turn; Runways 4R, 33L, make right climbing turn—direct Danvers Int and hold; or, when directed by A TC , make climbing turn (as applicable) to 2000' direct Skipper Int and hold. Hold E Skipper Int, 1 minute, right turns, 279° Inbnd. Supplementary charting information: Hold N E of Danvers Int, 1 minute, right turns, 210° Inbnd. T D Z elevations: Runway 4R, 16'; Runway 15R, 15'; Runway 22L, 16'; Runway 22R, 15'; Runway 27,16'; Runway 33L, 16'. Day and N ight Minimums
A BC D Cond. MDA VIS HAT MDA ~ VIS HAT MDA V IS ' H A T MDA VIS HAT
Surveillance Approaches: S-4R*- - ...... 620 R V R 40 604 620 R V R 40 604 620 R V R 40 604 620 R V R 50 604
S-15R...... ¿...... 640 1 625 640 1 625 640 1 625 640 IK 625 S-22L______540 1 524 540 1 524 540 1 524 540 1K 524 S-22R...... 540 1 525 540 . 1 525 540 1 525 540 IK 525 S-27...... 460 1 444 460 1 444 460 1 444 . 460 l 444 S-33L*...... -...... — 460 R V R 40 444 460 R V R 40 444 460 R V R 40 444 460 R V R 40 444 M D A VIS HAAMDA VIS HAAMDA VISHAAMDAVIS HAA
C ...... — - 680 1 661 680 1 661 820 î y* 801 940 2 921 A ...... -...... Standard.# T 2-eng. or less—R V R 24' Runways 4R and 33L; % T over 2-eng.—R V R 24' Runways 4R and 33L; % 600-1 600-1 Runway 27; Standard all other Runways. Runway 27; Standard all other Runways.
City, Boston; State, Mass.; Airport name, General Edward Lawrence Logan International; Elev., 19'; Facility, Boston Radar; Procedure No. Radar-1, Amdt. 17; Eff. date, 25 Sept. 69;- Sup. Amdt. No. Radar 1, Amdt. 16; Dated, 22 Jan. 66
FEDERAL REGISTER, VOL. 34, NO. 168— WEDNESDAY, SEPTEMBER 3, 1969 RULES AND REGULATIONS 13987
Standard instrum ent A pproach P rocedure—T ype Radar— Continued
Radar terminal area maneuvering sectors and altitudes (sectors and distances measured from radar antenna) Notes From— To— Distance Altitude Distance Altitude Distance Altitude Distance Altitude Distance Altitude
As established by Denver A S R Minimum Altitude Vectoring Charts. - 1. Descent aircraft to M D A after FAF. 2. Runway 20—F A F 5 miles from threshold. Mini mum altitude, 7000'. Approach crs, 200°. TD Z elevation, 5697'. Lost communications: Climb to 7000' direct D E N V O R and hold,* monitor V O R voice. 3. Runway 29R—F A F 5 miles from threshold. Minimum altitude, 7000'. Approach crs, 290°. T D Z elevation, 5695'. Lost communications: ■ Climb to 7000' direct D E N V O R and hold,* monitor VO R voice. 4. Use Denver altimeter setting when control zone not effective.
Missed approach: Runway 20—Climbing left turn to 7000' direct D E N V O R and hold.* Runway 29R—Climbing right turn to 7000' direct D E N V O R and hold.* Note: Circling and straight-in M D A increased 50' when control zone not effective. Supplementary charting information: *Hold W, 1 minute, left turns, 084° Inbnd. % IF R departure procedures: Runway 20 left turn direct D E N VO R ; Runways 29L/R right turn direct to D E N VO R ; Runway 2 direct D E N V O R; Runways 11L/R left turn direct D E N VOR. Day and N ight Minimums
A B C D Cond. ' — ------;------— --- ;— ------¡— ------— ------:----- MDA VIS HAT MDA VIS HAT MDA VIS HAT MDA VIS HAT
S-20.. ~-:t; ...... 5900 1 303 5900 1 303 5900 1 303 5900 1 303 S-29R...... 6060 1 465 6060 1 465- 6060 1 ' 465 6060 I 465 MDA VIS HAA MDA VIS HAA MDA VIS HAA MDA VIS HAA C...... T.. . . . ______6120 1 472 6140 1 492 6140 1J1^ 492 6220 2 672 A ...... Not authorized. T 2-eng. or less—Standard.% T over 2-eng.—Standard.%
City, Broomfield; State, Colo.; Airport name, Jeffco; Elev., 5648'; Facility, Denver Approach Control; Procedure No. Radar-1, Arndt. Orig.; Eff. date, 25 Sept. 69
Radar terminal area maneuvering sectors and altitudes (sectors and distances measured from radar antenna) •*" . - . i ...... i , i i , ...... -■- ■■■. i i...... -.i . i . . .i j i o t e s From— To— Distance Altitude Distance Altitude Distance Altitude Distance Altitude Distance Altitude
As established by Chicago-Midway A SR minimum altitude charts. 1. Descend aircraft after passing F A F 5 miles from Badar will provide 1000' vertical clearance within 3-mile radius of the following towers: 2049', 9 miles N E ; 1260', 11 miles threshold all runways. WNW; 1125', 11 miles NW; 1505', 8 miles N E ; 1549', 8 miles NE. 2. Runway 18 minimum altitude over 2-mile Fix 1300'. Supplementary charting information: TDZ TDZ Runway elevation Runway elevation 4R____ . . . . . 617' 22L...... 611' 9...... 618' 27...... 614' 13R...... 610' 31L...... 611' 18...... 611' 36...... 615' 2049' tower 8.6 miles N E of airport. 776' tank 1.6 miles SE of airport. 819' stack 0.6 mile SSW of airport. 968' stack 2.3 miles N N E of airport. 807' stack 1.6 miles NW of airport. r 756' tank 1 mile NW of airport. 7:1 driftdown applied to 899' MSL. Building (U.C.) at 41°43'30"/87°41'00".
Missed approach: Runways 4R, 9, and 13R—Make right turn and proceed to EO N V O R T A C via EO N R 001° at 2300'. Runways 22L, 27, 31L, and 36—Make left turn and proceed to EO N VO R TAC -via EON R 001° at 2300'. Runway 18—Climb to 2300' and proceed to EO N V O R T A C via EO N R 001°. Note: M T I feature of ground radar equipment required for all surveillance approaches. Air carrier reduction for ALS not authorized. Inoperative component table does not apply to ALS Runway 13R. Inoperative component table does not apply to H IR L Runways 13R and 31L. cm3?erative °°mPonent table does not apply to R E IL ’s Runways 4R, 22L, and 31L. sliding scale not authorized. Caution: Tall buildings and towers to 2049' at 8 miles NE; plan departure to avoid this area. Day and N ight Minimums
' A B C Cond. D MDA VIS HAT MDAVIS HAT MDAVIS HAT MDA VIS HAT S-4R. 1100 1 483 1100 1 483 1100 1 483 1100 1 483 S-9... 1100 1 S-13R ...... 482 1100 1 482 1100 1 482 • 1100 1 482 S-18...... 1060 1 450 1060 1 450 1060 1 450 1060 1 450 S-22L...... : 1060 1 449 1060 1 449 1060 1 449 1060 1 449 S-27 ...... 1220 1 609 1220 1 609 1220 1 609 1220 1 609 1080 1 S-31L ...... - 466 1080 1 466 1080 1 466 1080 1 466 S-36__ ; ;; ; ; ; ...... 1100 1 489 1100 1 489 1100 1 489 1100 1 489 1120 1 505 1120 1 505 1120 1 505 1120 1 505 MDA VIS HAA MDAVIS HAA MDA VIS HAA MDA ^Çonways 4R, 9 ,13R, 18, VIS HAA 1120 1 501 1120 1 501 1120 c Runway 22L ...... m 501 1180 2 561 1220 1 601 1220 1 601 1220 m 601 1220 2 fini Standard. T 2-eng. or less—200—R V R 24', Runway 13 R; 200-1 all T over 2-eng.-—200—R V R 24', Runway 13R; 200-J2 all others. others.
c % , Chicago; State, 111.; Airport name, Chicago-Midway; Elev., 619'; Facility, Midway Radar; Procedure No. Radar-1, Arndt. 13; Eft. date, 25 Sept, 69; Sup. Arndt. N o 12* Dated, 15 Aug. 68
FEDERAL REGISTER, VOL. 34, NO. 168— WEDNESDAY, SEPTEMBER 3, 1969 No. 168------4 13988 RULES AND REGULATIONS
Standard I nstrum ent A pproach P rocedure—T y p e R adar— Continued
Radar terminal area maneuvering sectors and altitudes (sectors and distances measured from radar antenna) Notes From— To— Distance Altitude Distance Altitude Distance Altitude Distance Altitude Distance Altitude
000 360 15 4600 30 5000 Descend aircraft after passing FAF . 1. Runway 35L, F A F 6 miles from threshold 5100'. Minimum altitude over 2-mile Radar Fix, 3780'. T D Z elevation, 3250'. 2. Runway 26, F A F 5 miles from threshold 4800'. T D Z elevation, 3253'. 3. Runway 17R, F A F 5 miles from threshold 4800'. TDZ. elevation, 3269'. 4. Radar will provide 1000' vertical separation over radio towers 4085' 6.5 miles S of airport.
Missed approach: Runway 35L—Climb to 5000' on runway heading within 15 miles; or, turn right climb to 6000' on LB B V O R T A C R 114°, within 20 miles. Runway 26—Climb to 4700' on runway heading within 15 miles; or, turn right climb to 4700' direct LBB V O R T A C and R 305°, within 15 miles. Runway 17R—Climb to 5100' on runway heading within 15 miles; or, turn left climb to 5000' on LBB V O R T A C R 114°, within 20 miles.
Day and N ight Minimums ABCD Cond. MDA VIS HATMDA VIS HATMDA VISHAT]MDAVIS HAT
S-35L...... ______3620 1 370 3620 1 370 3620 1 370 3620 1 370 S-26...... _...... 3660 1 407 3660 1 470>- 3660 1 407 3660 1 407 S-17R...... 3620 H 351 3620 V*. 351 3620 h. 351 3620 1 351
Md a VISHAA MDA VIS HAAMDAVISHAA MDA VIS HAA
C...... 3700 1 431 3720 1 451 3720 m 451 3820 2 551 A ...... Standard. T 2-eng. or less—Standard. T over 2-eng.—Standard.
City, Lubbock; State, Tex.; Airport name, West Texas Air Terminal of Lubbock; Elev., 3269'; Facility, LBB Radar; Procedure No. Radar-1, Arndt. 1; Efl. date, 26 Sept. 69; Sup. Arndt. No. Radar 1, Orig.; Dated, 21 May 66 These procedures shall become effective on the dates specified therein. (Secs. 307(c), 313(a), and 601 of the Federal Aviation Act of 1958; 49 U.S.C. 1348(c)* 1354(a), 1421; 72 Stat. 749, 752, 775) Issued in Washington, D.C., on August 19,1969. J am e s F. R u d o l p h , Director, Flight Standards Service. [F.R. Doc. 69-10111; Filed, Sept. 2,1969; 8:45 a.m.]
(38 Stat. 717, as amended; 15 U.S.C. 41-58) vised that the denial of such request is Title 16— COMMERCIAL Issued: September 2,1969. without prejudice to the submission to the Commission by any company under By direction of the Commission. order of a request to purchase such dairy. PRACTICES In such event, any such submission will Chapter I— Federal Trade [ s e a l ] J o s e p h W . S h e a , Secretary. be duly considered by the Commission, Commission and it will then decide upon the basis of [F.R. Doc. 69-10416; Filed, Sept. 2, 1969; the facts then presented. PART 15— ADMINISTRATIVE 8:45 a.m.] OPINIONS AND RULINGS (38 Stat. 717, as amended; 15 U.S.C. 41-58; 49 Stat. 1526; 15 U.S.C. 13, as amended) Origin Disclosure of Imported Thread PART 15— ADMINISTRATIVE Issued: September 2,1969. Guides OPINIONS AND RULINGS By direction of the Commission. § 15.364 Origin disclosure of imported Request Denied for Approval To Seti thread guides. [ s e a l ] J o s e p h W . S h e a , Dairy Company to Any Dairy Com Secretary. (a) The Commission issued an advi pany Under Commission Order sory opinion relative to the disclosure of [F.R. Doc. 10417; Filed, Sept. 2, 1969; the foreign origin of imported ceramic § 15.365 Request denied for approval to 8:45 a.m.] textile and thread guides. sell dairy company to any dairy com pany under Commission order. (b) The Commission understood that PART 15— ADMINISTRATIVE (a) The Commission rendered an ad the guides are the size of a dime and that OPINIONS AND RULINGS it is difficult, if not impossible to mark visory opinion denying a request of a the country of origin on each guide dur medium-sized dairy company for blanket Labeling of Imported Magnetic ing production. Markings after produc approval to sell to any company under Recording Tape tion is completed would be very difficult a Commission order. and very expensive. The guides are not (b) The company was the largest in § 15.366 Labeling of imported magnetic sold to the general public, but are used dependent dairy company in its large recording tape. in industry for the manufacture of other marketing area, had the largest sales (a) The Commission issued an ad products. volume of dairy products in the area, had visory opinion with respect to the label (c) The Commission expressed the sales in excess of $5 million, was profit ing of imported magnetic recording view that conspicuously marking on the able, no other hardships were demon tape. package or container in which the guides strated, and efforts to sell to companies (b) In commenting upon the pro would be shipped to their ultimate user not under order had not been adequately posed labels as submitted, the Com m is the words “ Made in [name of country] explored. sion expressed the view that ( 1 ) the exclusively for [name of importer]” (c) The Commission advised that it words indicating the foreign country of would be an adequate disclosure of the cannot give blanket approval to sell the origin should appear on the front or country of origin provided the guides company in question to any company principal display panel; (2) the term were made exclusively for the applicant. under Commission order. It further ad "recording tape” should be used as the
FEDERAL REGISTER, VOL. 34, NO. 168— WEDNESDAY, SEPTEMBER 3, 1969 RULES AND REGULATIONS 13989 specification of the identity of the com proposed and adjacent channels that tional (fifth) facility at this time would modity and that it should comprise a would result in other communities for jeopardize the economic base of the exist principal feature of the principal display which other comparable classes of assign ing stations with a consequent deteriora panel; (3) in view of its understanding ments were not shown to be available, tion of service.1 Next, the opposition that recording tape is of uniform width, and on the fact that, based on popula urges that the proposed assignment the length of the tape should be ex tion data then available, the maximum would result in an undue concentration pressed in terms of feet followed in number of channels under the general of (FM) facilities in Panama City with parentheses by a declaration of yards population criteria used in FM assign an accompanying preclusion of the chan and common or decimal fractions of the ment decisions had already been assigned nel to any (other) developing area. Dixie yard, or in terms of feet followed in to Panama City. The number and type of urges that the latter would be inconsist parentheses by a declaration of yards radio services available to Panama City, ent with announced Commission policies with any remainder in terms of feet as well as petitioner’s original conten concerning requests "for additional FM and inches; and (4) the place of busi tions, were described in detail in the assignments. ness of the manufacturer, packer, or earlier order (FCC 69-68), and will not be 5. Radio Gulf asserts in its reply to distributor should include the street ad repeated here. the opposition that Dixie does not allege dress, city, State, and Zip Code; how 2. Radio Gulf’s request for reconsid any facts in its comments to support the ever the street address may be omitted eration contained substantial new and economic and engineering arguments if it is shown in a current city directory updated data not included in its original advanced. Petitioner notes that no data or telephone directory. petition. Included in the new information concerning the area’s economics 4s sub (c) The Commission invited the apwas the data which estimated the current mitted, and, further, that at least two plicant’s attention to its regulations Panama City population to be in excess other area broadcasters have shown a under section 4 of the Pair Packaging of 40,000 persons and that of Bay County need and expressed a desire to build and and Labeling Act for additional to be 80,000 to 90,000 (compared to the operate a third FM station hi the area information. 1960 U.S. Census report of 33,275 and if the assignment is made. Finally, it is 67,131, respectively). It was also shown (38 Stat. 717, as amended; 15 U.S.C. 41-58) urged that no single supporting fact is that the “Panama City urban complex” given regarding the “preclusion effect” Issued: September 2, 1969. has a current (1968) population in excess if Channel 253 is assigned to Panama By direction of the Commission. of 50,000, the petitioner urging, there City. fore, that the community meets the pop 6. Upon careful consideration of all [ seal] J o s e p h W. S h e a , ulation criterion for a third FM assign comments and data submitted in this Secretary. ment. Petitioner further pointed out that proceeding, we conclude that the pro [F.R. Doc. 69-10418; Piled, Sept. 2, 1969; Panama City is the largest community posed assignment of Channel 253 to Pan 8:45 a.m.] between Pensacola, 95 miles to the west, ama City would serve the public interest and Tallahassee, 85 miles to the east, and therefore should be adopted. As we and alleged that Panama City is the prin noted in the notice, because of the city’s cipal trade center for a radius of 50 miles importance to its area and relatively Title 47— TELECOMMUNICATION that includes a population of 150,000 great distance from larger population persons. Numerous other data, some centers (Pensacola and Tallahassee at Chapter I— Federal Communications becoming available only subsequent to 85 miles or more distant), we are of the Commission the original petition, were submitted in view that the city is of sufficient size to [Docket No. 18534, RM-1355; PCC 69-938, support of Radio Gulf’s contention that warrant a third Class C assignment, de 35279] the city is a rapidly expanding and eco spite the fact that the city proper popu nomically healthy center of industrial, lation is less than 50,000. We are also PART 73— RADIO BROADCAST commercial, and recreational facilities persuaded here by the important fact SERVICES for the north central Florida area. that the limited preclusion impact that 3. We stated in the notice that peti would result from the assignment of FM BROADCAST STATIONS, tioner had not completely dispelled our Channel 253 can be effectively compen PANAMA CITY, FLA. concern as to the significant preclusion sated by virtue of the availability of other Table of Assignments Impact which would result if the pro assignable channels of appropriate class posal for Channel 294 were adopted. Ac es to any affected communities warrant 1. The Commission has before it forcordingly, we determined that Channel ing consideration. The opposition has not consideration its notice of proposed rule 253 was available for assignment to Pan provided a showing that this assumption making issued on April 25, 1969 (PCC ama City and would involve substan is in error. Thus, we hold to the opinion 69-439), and published in the F ederal tially less preclusion impact areas, with that the assignment would represent a R egister on April 30,1969 (34 F.R. 7088), other channels of appropriate classes fair and equitable distribution of facili inviting comments on a proposal to as available to each affected community ties in the area. As to the opposition’s sign a third Class C FM channel to warranting consideration. Thus, com contentions of economic impact, review Panama City, Fla., and make other ments were invited in the notice on our of recent financial reports show that the changes in the table, as follows: proposal to assign Channel 253 to Panama City radio market is a profitable Panama City. one and that the four stations In Panama Channel No. 4. Comments in response to the notice City (2 AM, 2 FM ) are realizing a not City (all in Florida) Present Proposed were received from two parties, one sup insubstantial cash flow. The data avail porting the proposal and the other op able does not indicate that the additional Panama City 223,300 223,263,300 posing it. The supporting comments were outlet will adversely affect the existing Port St. Joe... 228A filed by Community Service Broadcasting broadcast service in Panama City. Ward Ridge.. 228A Co., Inc., licensee of Station WSCM (AM 7. The notice also contained an unre daytime-only), Panama City Beach, who lated proposal that Channel 228A be re The notice was issued in response to a submits that, inter alia, Panama City assigned from the small community of Petition for reconsideration filed on needs the additional channel and that Ward Ridge (population 45) to Port St. February 28, 1969, by Gulf Radio, Inc. it desires to file for the facility when Joe (population 4,217). By such arrange (Gulf Radio), Panama City Beach, Fla., adopted. Dixie Radio, Inc. (Dixie), li ment Port St. Joe would receive a first of the Commission decision (Memoran censee of Stations WDLP (full-time AM ) dum Opinion and Order, FCC 69-68) re and W PAP-FM, Panama City, opposes leased January 29, 1969, denying the proposed assignment for two princi 1 Dixie states that it recently inaugurated petitioner’s earlier request for assign separate programing on its AM and FM sta pal reasons. First, Dixie maintains that tions and asserts, therefore, that Panama City ment of Channel 294 to Panama City, Panama City is already well served by now has four independently programed sta fhe Commission’s denial was based on four full-time and Independently pro tions : Two Class C FM stations and two un “ *e substantial preclusion effect on the gramed aural stations and that an addi limited-time AM stations.
FEDERAL REGISTER, VOL. 34, NO. 168— WEDNESDAY, SEPTEMBER 3, 1969 139Ô0 RULES AND REGULATIONS
PM assignment and, under the provisions 470 MHz band for five frequency pairs lishment of a coordinating committee of § 73.203(b), the channel would remain allocated to the central station protec “ * * * would be creating a mechanism availablefor applications at Ward Ridge, tion industry and for 10 pairs allocated whereby a small group would be given should interest eventually develop for its for land mobile operations at air termi the effective power to divide up a use in the latter community. There were nals. The remaining matter in this pro small number of frequencies among no comments directed to this aspect of ceeding, concerning the petition (R M - themselves.” the notice. We are therefore adopting the 1302) of the National Association of 5. We have considered carefully all change in assignment of Channel 228A Business and Educational Radio for fre of Florida Security’s arguments. How as proposed. quency coordination requirements gen ever, we have concluded that none re 8. In view of the foregoing, and purerally in the Business Radio Service in quires denial of the coordination proce suant to the authority contained in sec the 450-470 MHz band, at the suggestion dures we have proposed nor denial of tions 4 (i), 303, and 307(b) of the Com of the petitioner and for other consider recognition to the proposed coordinating munications Act of 1934, as amended: I t ations, will be considered separately at a committee. On the other hand, we be is ordered, That effective October 9,1969, later date. lieve, for the reasons we stated in our § 73.202, the Table of FM Channel As 2. The notice of proposed rule making notice of proposed rule making, that signments, of the Commission’s rules, is in this proceeding was released on De coordination of the frequencies al amended, insofar as the communities cember 18, 1968, and duly published in located to the central station pro named, as follows: the F ederal R egister on December 21, tection industry, as well as those (a) Delete the following entry: 1968 (33 F.R. 19087). By order (Mimeo allocated for land mobile operations Channel 28488) released February 27, 1969, the on airports, would be useful. Con City No. Commission extended the time for filing trary to the position taken by Florida Ward Ridge, Fla------228A reply comments from February 24, 1969, Security, traditionally, coordination has to February 28, 1969, as to the proposal been considered most appropriate not in (b) Add the following entry: relating to central station protection services with “unmanageable interfer Channel frequency coordination. ence problems” , but in services where City No. 3. In our notice, we proposed amend relatively few and homogenous licensees Port St. Joe, F la ...... 228A ment of § 91.8(a) (1) (vii) of our rules to in a given area were expected to share provide coordination requirements for the available frequencies. As we pointed (c) Change the following entry to out in the notice, these conditions are ex read: the groups of frequency pairs in the 450- Channel 470 MHz band allocated to persons ren pected to prevail with respect to both the City No. dering a central station commercial pro central station and air-terminal fre Panama City, Fla__. 223, 253, 300 tection service and those allocated for quencies. Accordingly, we believe that land mobile operations at air terminals. prior coordination of the frequencies in 9. It is further ordered, That this pro Comments supporting this proposal and question can be helpful in preventing as ceeding is terminated. urging its prompt adoption were sub signment conflicts, where this can be (Secs. 4, 303, 307, 48 Stat., as amended, 1066, mitted by the Central Station Electrical avoided, and otherwise in promoting 1082, 1083 ; 47 TJ.S.C. 154, 303, 307) Protection Association, and the con their more efficient use. trolled companies, American District 6. Nor can we conclude from the argu F ederal C ommunications ments presented by Florida Security that C o m m is s io n , Telegraph Co., and Baker Industries, Inc. (collectively referred to hereinafter the proposed coordination committee B e n F. W a p l e , will function improperly. The committee Secretary. as CSEPA). Comments in support were also filed by NABER, Aeronautical Radio, is composed of three individuals, each [F.R. Doc. 69-10476; Filed, Sept. 2, 1969; representing, respectively, the. Central 8:48 a.m.] Inc. (A R IN C ), and the Special Indus trial Radio Service Association, Inc. Station Protection Association, the (S IR S A ). In the event that the proposed American District Telegraph Co., and [Docket No. 18406; FCC 69-933] rule change is adopted, CSEPA also re Baker Industries. According to CSEPA, these three organizations represent ap PART 91— INDUSTRIAL RADIO quested in its comments that a commit tee composed of representatives of the proximately 75 percent of eligible central SERVICES three joint petitioners, known as the stations.1 Florida Security does not dis Central Station Industry Frequency Ad pute this, but argues that any coordinat Policy Governing the Assignment of ing committee composed of representa Frequencies visory Committee, be designated the fre quency coordinator for the central tives of entities which dominate the In the matter of amendment of Part 91 station protection frequencies. ARINC industry could not possibly be represent of the Commission’s rules to require fre apparently will be the frequency coordi ative of all persons who are eligible for quency coordination in the Business nator for the air terminal frequencies. the radio facilities concerned. We rec Radio Service; Docket No. 18406; Peti 4. Florida Security Systems, Inc. ognize that-the proposed committee is tion of Central Station Electrical (Florida Security), which provides auto not composed of representatives of all Protection Association, and controlled matic burglar and intruder alarm service companies, American District Telegraph to residential and business properties in Co. and Baker Industries, Inc., to amend 1 Section 91.554(b) (32) confines eligibility the State of Florida, opposed our pro for the five pairs of frequencies in the 460- Part 91 of the Commission’s rules to posal to establish coordination for the 470 Mc/s allocated for the central station establish an Industrial Protection Radio frequencies allocated to the central sta protection industry to “persons rendering a Service and to require coordination of tion protection industry on several central station commercial protection serv frequencies allocated to the Central Sta grounds. First, Florida Security argued ice.” Central station commercial protection tion Protection Industry; RM-1267; Peti that there is no need for coordination service is defined in that rule "as those elec tion of National Association of Business here because “no unmanageable inter trical protection and supervisory services and Educational Radio, Inc. (NABER) rendered from and by a central station ap ference problems” are anticipated. Sec proved by one or more of the recognized to amend section 91.8 of the Commis ondly, it argued that, even if there is a rating agencies and/or the Underwriters’ sion’s rules to require frequency coord need for coordination, the proposed co Laboratories, Inc.” Thus, these frequencies ination for applications requesting ordinating committee would be an im are not available to all who provide electrical assignment of frequencies in the 450-470 proper vehicle because, in its view, that protection service. Although it is not entirely MHz band allocated for use in the Busi committee is not representative of those clear, from the information available, Florida ness Radio Service; RM-1302. who are eligible to use the frequencies in Security may not be eligible to use these 1. The Commission has under conquestion. Finally, Florida Security frequencies in the areas where they are re served for the protecton industry. (Two pairs sideration that part of our proposal in claimed that because of the competitive of these frequencies are reserved for this the above entitled matter which relates situation in the electrical protection in purpose nationwide, and the remaining three to frequency coordination requirements dustry and the dominant position of the pairs are reserved for the industry in urban in the Business Radio Service in the 450- three petitioners in that industry, estab areas of 200,000 or more population).
FEDERAL REGISTER, VOL. 34, NO. 168— WEDNESDAY, SEPTEMBER 3, 1969 RULES AND REGULATIONS 13991 of those who are eligible to use the fre- 8. Authority for the rule amendment Minn. 55111^ Hunting shall be in accord quencies set aside for the central sta adopted herein is contained in sections ance with all applicable State regulations tion commercial protection industry, but 4(i) and 303 (r) of the Communications and the following special condition: this is generally true of all of the exist Act of 1934, as amended, Accordingly, it 1. Vehicle travel restricted to public ing coordinating committees. However, is ordered, That effective December 1, highways and refuge entrance road from we expect the proposed committee (as 1969, § 91.8(a) (1) (vii) of the Commis State Highway No. 8 to refuge head we have of all existing committees) to sion’s rules is amended as set forth quarters. All other refuge roads and trails be representative of all eligibles in that below. are closed to vehicles. it will be incumbent upon it to issue a (Secs. 4, 303, 48 Stat., as amended 1066, 1082; The provisions of this special regula frequency recommendation without dis 47 U.S.C. 164, 303) tion supplement the regulations which crimination to all who apply whether or govern hunting on wildlife refuge areas not they are members of the organiza Adopted; August 27,1969. generally, which are set forth in Title tion composing it. In this connection, Released: August 28,1969. 50, Code of Federal Regulations, Part 32, we believe that Florida Security has mis and are effective through January 1, conceived the functions of frequency F ederal C ommunications 1970. C o m m is s io n ,® coordinating committees and that its J a m e s E. F rates, [ s e a l ] B e n F . W a p l e , fears that the entities represented in it Refuge Manager, Lostwood Na Secretary. would use the coordination process to tional Wildlife Refuge, Lost- "divide” the frequencies among them Part 91 of the Commission’s rules is wood, N. Dak. selves and “ preclude entrance into the amended as follows: 5 A u g u s t 25, 1969. field by other companies” are exag Section 91.8(a) (1) (vii) is revised to gerated. A coordinating committee does read as follows: [F.R. Doc. 69—10454; Filed, Sept. 2, 1969; not assign radio frequencies. It merely 8:47 a.m.] recommends to a prospective applicant § 91.8 Policy governing the assignment frequencies which, in its opinion, will o f frequencies. result in the least amount of interference (a) * * * with existing systems. It may not pass (J) * * * Title 7— AGRICULTURE upon the qualifications of an applicant, (vii) Any application in the Business £hapter I— Consumer and Marketing and may not decline to make a frequency Radio Service where the frequency in recommendation. Its recommendations volved and both immediately adjacent Service (Stan d ard s, Inspections, are purely advisory; they are not bind frequencies are available for assignment Marketing Practices), Department ing either on the applicant or the Com in that service, except for the frequen of Agriculture mission. Thus, an applicant dissatisfied cies allocated for the exclusive use by with the committee’s recommendation persons rendering a central station com PART 81— INSPECTION OF POULTRY may ask for another frequency and has mercial protection service or by persons AND POULTRY PRODUCTS recourse to the Commission if he believes engaged in furnishing commercial air Labeling Requirements, Standards of that the committee has not acted in good transportation service at air terminals faith. The Commission has adequate au in accordance with the provisions of Composition, and Definitions thority under its rules to correct any § 91.554(b). abuses shown. In sum, the function of On April 9,1969, there was published in coordinating committees in the fre * * * i|t * the F ederal R eg ister (34'F.R. 6283) a quency assignment process, although [F.R. Doc. 69-10475; Filed, Sept. 2, 1969; notice of proposed amendments to highly important, is limited. Certainly, 8:48 a.m.] §§81.8, 81.131, and 81.134(c)(2) of the it may not preclude assignment of fre Regulations Governing the Inspection of quencies to an eligible and qualified Poultry and Poultry Products (7 CFR applicant, as Florida Security seems to Part 81), pursuant to authority con fear. We note that the committee pro Title 50— WILDLIFE AND tained in the Poultry Products Inspec posed by CSEPA is composed of qualified tion Act, as amended by the Wholesome individuals, and we have no reason to FISHERIES Poultry Products Act (21 U.S.C. 451 et seq.). believe that they will not perform their Chapter I— Bureau of Sport Fisheries The amendments were proposed to as coordinating functions in a satisfactory and Wildlife, Fish and Wildlife manner. Finally, our action today in sure that deboned poultry products sub recognizing the proposed coordinating Service, Department of the Interior ject to the provisions of the Act are committee does not preclude future PART 32— HUNTING labeled in accordance with the Act. The changes in its membership. Indeed, we amendments will: will expect that if a representative of Lostwood National Wildlife Refuge, Provide labeling requirements for the remaining 25 percent or so of the N. Dak. boneless poultry products. eligibles would offer his services to this The public hunting of sharp-tailed Revise the definition and standard committee, he would be accepted as a of composition for canned shredded member. grouse and Hungarian partridge on the poultry. Lostwood National Wildlife Refuge, 7. In view of the foregoing, the Com Define the term “poultry byproducts.” mission concludes that amendment of N. Dak., is permitted only on that area § 91.8(a) ( 1 ) (vii), to establish frequency designated by signs as open to hunting The amendments relate to amend coordination requirements for central during the period September 20 through ments of the regulations under the Fed station protection and air terminal fre December 14, 1969. The open area, com eral Meat Inspection Act adopted con quencies in the 450-470 MHz band would prising 4,720 acres during the period currently herewith (INFRA). serve the public interest, convenience September 20 through November 16 Statement of considerations. A period and necessity. We also find that the and 26,101 acres during the period of 45 days after publication of the notice Central Station Industry frequency Ad November 17 through December 14,1969, in the F ederal R eg ister was provided for visory Committee, the only applicant for is delineated on maps available at the interested persons to submit written data, such authority, is acceptable to serve as refuge headquarters, Lostwood, N. Dak., views, or comments in connection with the designated frequency coordination and from the Regional Director, Bureau the proposals. The notice told how and committee for the central station protec of Sport Fisheries and Wildlife, Federal where to submit the written materials tion industry frequencies. Similar recog Building, Fort Snelling, Twin Cities, about the proposals. nition is not now afforded the ARINC The Department has 'carefully consid committee with respect to air terminal 2 Commissioners Bartley, Cox, and Wads ered all of the information presented in frequencies, since that organization has worth absent; Commissioner Johnson con these comments, and all other available not as yet requested it. curring in result. information.
FEDERAL REGISTER, VOL. 34, NO. 168— WEDNESDAY, SEPTEMBER 3, 1969 13992 RULES AND REGULATIONS
A change was indicated in the limit (c) Poultry meat content of poultry Statement of considerations. The De placed on bone content in boneless poul food products. * * * partment received a total of 1,066 letters try products. Therefore, the following 12) Canned boned poultry. * * * of comment— the largest number that decision on the proposals to amend the (iii) Canned shredded poultry (Shredhas ever been received by the Consumer regulations under the Poultry Products ded) (K in d ), consists of poultry meat re Protection Programs on a “rulemaking” Inspection Act as amended by the Whole duced to a shredded appearance, from matter. some Poultry Products Act has been the kind of poultry indicated, with meat, This response gave the Department made: skin, and fat not in excess of the natural the benefit of a broad range of view Bone Residue (Decision: Tolerance for whole carcass proportions. Canned points to consider in arriving at a de bone residue is limited to 1 percent..) shredded poultry from specific parts may cision on the issues involved. Comments In response to suggestions for a change include skin or fat in excess of the pro- came from the meat and poultry indus in the proposed limit, the Department portipns normally found on a whole car tries, colleges, physicians, and home carefully appraised operating results in cass, but not in excess of the proportions economists as well as 963 from consumers a series of poultry plants that use me of skin and fat normal to the particular and consumer organizations. chanical deboning equipment. Analyses part or parts; and such product shall be The record number of comments re were made of 485 samples of raw, me labeled in accordance with § 81.131(g). ceived, and the content of the comments, chanically boned product from nine com Product within this subdivision (iii) emphasized the importance of this mat mercial operations, representing the shall be prepared as set forth in Table II, ter. Frankfurters and other cooked sau three makes of machines most often used items 1, 2, 3, or 4, whichever is applicable. sage products are one of America’s favor in this process. * * * * * ite foods. Americans eat more than iy2 Such analyses demonstrated that it is billion pounds of frankfurters a year, and practical to limit the bone residue in de- The foregoing amendments differ in another % billion pounds of bologna. some respects from the proposals set boned poultry to 1 percent; The Department has carefully consid forth in the notice of rule-making. The ered all of the information presented to Existing equipment can be operated differences are due to changes made pur under commercial conditions to produce it in these comments, and all other avail suant to comments received in the rule- able information, and has made the fol poultry meat that contains no more than making proceeding. It does not appear 1 percent of bone residue. lowing decisions on the proposals to that further public rule-making proce amend the regulations under the Federal These are the considerations on which dure on the amendments would make Meat Inspection Act: the decision was made. The specific additional information available to the Labeling Requirement [Decision: amendments to the regulations are as Department. Therefore, under the ad When no more than 15 percent of poul follows: ministrative procedure provisions in 5 try products are used in cooked sausage, 1. Section 81.1 is amended to include U.S.C. 553, it is found upon good cause the presence of the poultry in the product the following definition in its correct that such further proceedings are may be shown on the label in the ingre alphabetical position: unnecessary. dient statement only.] § 81.1 Definitions. The foregoing amendments shall be The amount of poultry acceptable un ♦ * * * * come effective 30 days following publi der such a labeling requirement has been Poultry byproduct. Poultry byproduct cation of this notice in the F ederal carefully considered in view of comments R e g ist e r . received and taste panel studies con means the skin, fat, gizzard, heart, or ducted within the Department. Taste liver of any poultry. Done at Washington, --D.C., on Au * * * * * panelists noted no changes in product gust 28,1969. characteristics at the 15 percent level. It 2. In § 81.131, a new paragraph (g) is G. H. W ise, has, therefore, been concluded that list added to read: Deputy Administrator, ing poultry in the ingredient statement Consumer Protection. § 81.131 False or deceptive terms or de will be adequate for labeling this class of vices; and other labeling require- [P.R. Doc. 69-10545; Piled, Sept. 2, 1969; product. ments. 8:49 a.m.] Some consumers may prefer a sausage ♦ * * * * that contains more than 15 percent poul (g) Boneless poultry products shall be try. Cooked sausage containing more labeled in a manner that accurately de than that amount of poultry will con scribes their actual form and composi Title 9— ANIMALS AND tinue to be labeled with product names tion. The product name shall specify the which clearly show its presence, such as, form of the product (e.g., emulsified, ANIMAL PRODUCTS “ Frankfurter with Chicken.” finely chopped, etc.), and the kind name Chapter III— Consumer and Market Limitation on Skin [Decision: Only the meat of poultry (without skin) will be of the poultry, and if the product does ing Service (Meat Inspection), De not consist of natural proportions of permitted in “ all meat” sausages. Poultry meat, skin, and fat, as they occur in the partment of Agriculture meat and skin will be permitted in other whole carcass, shall also include termi PART 317— LABELING sausages.] nology that describes the actual composi This decision is in line with the long tion. If the product is cooked, it shall be Use of Poultry Products in Cooked standing definition of poultry meat in the so labeled. Boneless poultry product shall Sausage Department’s regulations. Consumers ex not have a bone content of more than pect that “ all meat” products are what 1 percent, on a raw weight basis. For On April 9, 1969, there was published that name implies, and the decision re the purpose of this part, natural propor in the F ederal R egister (34 F.R. 6284) a quires that products that are so labeled tions of skin, as found on a whole carcass, notice of a proposed amendment to must contain poultry muscle tissue. Poul will be considered to be as follows: § 317.8(c) (40) of the Federal Meat In try skin may be used in cooked sausage spection Regulations (9 CFR 317.8(c) products that are not labeled as being Raw Cooked (40)), pursuant to authority contained composed of all meat. In such a case, the in the Federal Meat Inspection Act, as ingredient statement will contain a de Percent amended by the Wholesome Meat Act scription of the poultry product used. Chicken...... 20 26 (21 U.S.C., Supp. IV, § 601 et seq.). Kidneys and Sex Glands [Decision: No Turkey...... 16 20 The proposed amendment was to per kidneys or sex glands w ill be p erm itted mit the use of poultry products in cooked as an ingredient of cooked sausage 3. In § 81.134, paragraph (c) (2) (iii) sausage when the amount of such in products.] is amended to read as follows: gredient does not exceed 15 percent, with* This decision continues a long-estab §81.134 Product specifications fo r-la a reference to such poultry ingredients lished policy of not permitting the use of beling purposes. only in the ingredient statement on the these organs from livestock carcasses in * • • * • label of the sausage. cooked sausages. No information was
FEDERAL REGISTER, VOL. 34, NO. 168— WEDNESDAY, SEPTEMBER 3, 1969 RULES AND REGULATIONS 13993 made available to the Department which glands, and the amount of skin present thereof, and condiments, curing agents, justifies any change in this policy. ‘ must not exceed the natural proportion and water as permitted by this section These are the considerations on which of skin present on the whole carcass of and § 318.7 of this subchapter. If labeled the decisions' were made. Accordingly, the kind of poultry used in the sausage, “all (species),” e.g., “all beef franks” or § 317.8(c) (40) of the regulations is as specified in the regulations under the “ all pork franks,” these sausages shall amended by adding at the end thereof Poultry Products Inspection Act (7 CFR contain only meat of the specified species, the following: 81.131(g)). For purposes of this sub- with condiments, curing agents, and § 317.8 False or deceptive labeling and paragraph, poultry products means water as permitted by this section and practices. chicken or turkey, chicken, or turkey § 318.7 of this subchapter. meat, or chicken or turkey byproducts * * * * * * * * * * as defined in the regulations under the The foregoing amendments shall be Poultry Products Inspection Act (7 CFR (c) * * * come effective 30 days following publica Part 81). They shall be designated in the (40) * * * Products labeled frank tion of this notice in the F ederal ingredient statement on the label of such furter, frankfurt, frank, furter, wiener, R e g ist e r .. Vienna, bologna, garlic bologna, or knock- sausage in accordance with the provi wurst, and similar sausages may contain sions of said regulations. Such sausage Done at Washington, D.C., on Au poultry products which, individually or in products if labeled “all meat” shall con gust 28,1969. combination, are not in excess of 15 per tain only beef, pork, veal, mutton, lamb, R o y W. L e n n a r t s o n , cent of the total ingredients excluding or goat meat, or chicken or turkey meat Administrator. water, in the sausage. Such poultry prod (without skin but otherwise as provided [F.R. Doc. 69-10546; Fijed, Sept. 2, 1969; ucts must be free of kidneys and sex in this section), or any combination 8:49 a.m.]
FEDERAL REGISTER, VOL. 34, NO. 168— WEDNESDAY, SEPTEMBER 3, 1969 13994 Proposed Rule Making
any climbing or hiking on glaciers or (7 CFR Part 944; 34 F.R. 5156) to read as DEPARTMENT OF THE INTERIOR above the normal high camps such as follows : Camp Muir and Camp Schurman. § 944.307 Orange Regulation 8. National Park Service (2) A person under 18 years of age [ 36 CFR Part 7 1 must have permission of his parent or (a) On and after September 15, 1969, legal guardian before climbing above the the importation into the United States MOUNT RAINIER NATIONAL PARK, normal high camps. of any oranges is prohibited unless such WASH. (3) A party traveling above the high oranges are inspected and grade U.S. camps must consist of a minimum of two Fancy, U.S. No. 1, U.S. No. 1 Bright, U.S. Fishing, Mountain Climbing, and persons unless prior permission for a No. 1 Bronze, U.S. Combination, with Elimination of Duplicated Material solo climb has been obtained from the not less than 60 percent, by count, of the oranges in each container thereof grad Notice is hereby given that pursuant Superintendent. The Superintendent will ing at least U.S. No. 1 grade and the re to the authority contained in section 3 consider the following points when re mainder grading U.S. No. 2, or U.S. No. of the Act of August 25, 1916 (39 Stat. viewing a request for a solo climb: The 535; 16 U.S.C. 3), 245 D M -I (27 F.R. weather prediction for the estimated du 2 ; and are of a size not smaller than 2%$ 6395), National Park Service Order No. ration of the climb, and the likelihood of inches in diameter: Provided, That not 34 (31 F.R. 4255), Regional Director, new snowfall, sleet, fog, or hail along the more than 10 percent, by count, of such Western Region Order No. 4 (31 F.R. route, the feasibility of climbing the oranges in any lot of containers, and not 5577), as amended, it is proposed to re chosen route because of normal inherent more than 15 percent, by count, of such vise § 7.5 of Title 36 of the Code of Fed hazards, current route conditions, ade oranges in any individual container in eral Regulations as set forth below. The quacy of equipment and clothing, and such lot, may be of a size smaller than purpose of this revision is to delete ma qualifying experience necessary for the 2%6 inches in diameter. terial which is duplicated in the General route contemplated. Dated: August 29, 1969. Regulations contained in Parts 1 through J o h n A. T o w n s l e y , 6 of this chapter, or which is no longer P a u l A. N ic h o l s o n , Superintendent, Deputy Director, Fruit and Veg necessary; to include in the Special Mount Rainier National Park. Regulations restrictions on mountain etable Division, Consumer and climbing within Mount Rainier National [F.R. Doc. 69-10438; Filed, Sept. 2, 1969; Marketing Service. 8:45 a.m.] Park; and to bring up-to-date the fish [F.R. Doc. 69-10497; Filed, Sept. 2, 1969; ing regulations. 8:49 a.m.] It is the policy of the Department of the Interior, whenever practicable, to DEPARTMENT OF AGRICULTURE afford the public an opportunity to par E 7 CFR Parts 1007, 1090 1 ticipate in the rule making process. Ac Consumer and Marketing Service cordingly, interested persons may submit [Docket Noe. AO-366-A1, 266-A12] written comments, suggestions, or ob [ 7 CFR Part 944 ] MILK IN GEORGIA AND CHATTA jections with respect to the proposed re IMPORTS OF ORANGES vision to the Superintendent, Mount NOOGA, TENN., MARKETING AREAS Rainier National Park, Longmire, Wash. Notice of Proposed Rule Making Notice of Recommended Decision and 98397, within 30 days of the date of pub Consideration is being given to the lication of this notice in the F ederal following proposal, as hereinafter set Opportunity To File Written Excep R eg iste r . forth, which would limit the importation tions on Proposed Amendments to (5 U.S.C, 553; 39 Stat. 535; 16 U.S.C. 3) of any oranges into the United States, Tentative Marketing Agreements Section 7.5 is revised to read as pursuant to Part 944—Fruits; Import and to Orders follows: Regulations (7 CFR Part 944). This pro posed amendment of the import regula Pursuant to the provisions of the Agri § 7.5 Mount Rainier National Park. tion is designed to prescribe a grade and cultural Marketing Agreement Act of size regulation which would be the same 1937, as amended (7 U.S.C. 601 et seq.), (a) Fishing. (1) Fishing in lakes shall and the applicable rules of practice and as the proposed domestic grade and size be from July 4 to October 31 inclusive. procedure governing the formulation of regulation for oranges grown in the (2) The following waters are closed marketing agreements and marketing State of Texas, which is also to become to fishing: orders (7 CFR Part 900), notice is hereby (i) TipsooLake. effective September 15,1969. This import regulation is effective pursuant to sec given of the filing with the Hearing Clerk (ii) Shadow Lake. of this recommended decision with tion 8e of the Agricultural Marketing (iii) Klickitat Creek above the White respect to proposed amendments to the River Entrance water supply intake. Agreement Act of 1937, as amended (7 tentative marketing _ agreements and U.S.C. 601-674). (iv) Laughing Water Creek above the orders regulating the* handling of milk All persons who desire to submit Ohanopecosh water supply intake. in the Georgia and Chattanooga, Tenn., written data, views, or arguments in con (v) Frozen Lake. marketing areas. Interested parties may (vi) Reflection Lakes. nection with the proposal should file the file written exceptions to this decision same with the Hearing Clerk, Room 112A, with the Hearing Clerk, U.S. Department (vii) Ipsut Creek above the Ipsut U.S. Department of Agriculture, Wash Creek Campground water supply intake. of Agriculture, Washington, D.C. 20250, ington, D.C. 20250, not later than the 6th by the 15th day after publication of this *(3) Except for artificial fly fishing, day after publication of this notice in the decision in the F ederal R eg ist e r . The the Ohanopecosh River and its tribu F ederal R eg ist e r . All written submis taries are closed to all fishing. exceptions should be filed in quadrupli sions made pursuant to this notice will cate. All written submissions made pur (4) There shall be no minimum size be made available for public inspection suant to this notice will be made avail limit on fish that may be possessed. at the office of the Hearing Clerk during (b) Climbing and hiking. (1) Registra regular business hours (7 CFR 1.27(b)). able for public inspection at the office of tion with the Superintendent is re The proposal is to amend paragraph the Hearing Clerk during regular busi quired prior to and upon return from (a) of § 944.307 Orange Regulation 8 ness hours (7 CFR 1.27(b) ).
FEDERAL REGISTER, VOL. 34, NO. 168— WEDNESDAY, SEPTEMBER 3, 1969 PROPOSED RULE MAKING 13995
P r e l im in a r y S t a t e m e n t five-county area from both his Chat The 1960 census population of the en The hearing on the record of which tanooga and Atlanta plants, which are larged marketing area is 3.8 million. The the proposed amendments, as herein regulated under the Chattanooga and 1960 population of the five counties to be after set forth, to the tentative market Georgia orders, respectively. added to the marketing area is 113,000. ing agreements and to the orders, as These proponents for including the The heaviest concentration of popula amended, were formulated was con five counties in the Chattanooga mar tion in the five counties is in Floyd ducted at Chattanooga, Tenn., on keting area (instead of Georgia) stated County (69,000). The populations of the March 27-28, 1969, pursuant to notice that this was desirable in order to insure other counties are: Gordon— 19,000; Gil thereof which was issued February 20, that the Gadsden, Ala., plant would be mer— 9,000; Pickens— 9,000; and Un 1969 (34 F.R. 2609).- a fully regulated plant under the Chat ion— 7,000. The material issues on the record of tanooga order instead of a pa,rtially Rome (population 32,000), in Floyd the hearing relate to: regulated distributing plant under both County, is the largest city' in the five 1. Marketing area expansion; and the Chattanooga and Georgia orders. To counties. Calhoun, in Gordon County, 2. With respect to the Chattanooga do otherwise, they claimed, would pro the next largest city, has a population order: vide the operator of the Gadsden plant of 4,000. a competitive advantage over fully regu (a) Revision of location adjustments; Except for a producer-handler plant, (b) Elimination of supply-demand lated handlers on his sales in the five counties. all plants from which milk is distributed adjustor; in the five-county area are subject to (c) Diversion of producer milk; and Official notice is taken of the Novem ber 19, 1968, recommended decision (33 either the Gteorgia or Chattanooga order (d) Classification of skim milk repre as fully regulated or partially regulated sented by the nonfat solids used to pro F.R. 17624) on the then proposed Geor gia order which found that the above distributing plants. Two of these, located duce reconstituted buttermilk. within the five-county area and fully This decision deals with all the above sfive counties should be included in the Georgia marketing area. Exceptions regulated by the Georgia order, are at issues except 2 (d) which will be dealt Rome and Calhoun. Rome is 65 miles with in a later decision. filed to that decision argued that the five counties should be a part of the from both Atlanta and Chattanooga, the F in d in g s an d C o n c l u s io n s Chattanooga marketing area (instead of major cities in the two marketing areas. Georgia). In view of the controversy, Calhoun is 70 miles from Atlanta and 50 The following findings and conclu miles from Chattanooga. One handler sions on the material issues are based on the January 15, 1969, final decision (34 F.R. 960) on the Georgia order did not with a plant at Chattanooga and another evidencè presented at the hearing and plant at Atlanta distributes milk in four the record thereof : include the five counties in the market 1. Marketing area. The Georgia couning area. That decision, of which official of the five counties. This handler sells ties of Floyd, Gilmer, Gordon, Pickens, notice’also is taken, stated that another some milk in such counties from both and Union, should be added to the hearing would be held as soon as possible plants. Georgia marketing area. This will pro to receive additional and more current The Calhoun plant receives milk from vide a regulatory program for milk mar evidence concerning the marketing of seven producers and is essentially a Class keting within the enlarged marketing milk in these counties to determine I operation. About 75 percent of the area consistent with current marketing which order should apply to any, or all, Class I distribution of the plant is in conditions and practices. It is concluded such counties if regulation were war Gordon County. The principal competi further that the present provisions of ranted. The hearing on which this deci tor in that county is Beatrice’s Gadsden, the Georgia order are appropriate to sion is based resulted from that action. Ala., plant, a partially regulated plant the enlarged marketing area. With the addition of the above five under both the Chattanooga and the Producer associations under the counties, the Georgia marketing area Georgia orders. The Calhoun handler Georgia order and Beatrice Foods Co., would include 151 of the 159 counties in distributes about 50 percent of the total a handler, proposed including the five Georgia. Of the remainder, seven in the milk sold in Gordon County. About 44 counties, which lie between the present northwestern comer of the State are in percent is distributed by the Gadsden Chattanooga and Georgia marketing the Chattanooga order marketing area, plant. Most of the remaining Class I dis areas, under the Georgia order. This and one county, Rabun, is not included tribution is by the Rome handler and position was. supported by a Calhoun, in the marketing area of any Federal other handlers under the Georgia order. Ga., handler whose sales are primarily order. The handler who has plants at both in Gordon County. Chattanooga and Atlanta has minimal • The Beatrice spokesman urged that The handling of milk and milk prod sales in this county. ucts in the expanded Gteorgia market the five counties be included in the When producer deliveries are not ade ing area is in the current of interstate Georgia marketing area (rather than quate for the Class I needs of the Cal commerce or directly burdens, obstructs Chattanooga), stating that this would houn plant, supplemental supplies are or affects interstate commerce in milk facilitate the continuance of partially obtained from an Atlanta handler and and its products. Fluid milk products are regulated distributing plant status for from TVM PA’s Chattanooga plant. distributed regularly on routes in the its Gadsden plant under both orders. He Of the total Class I distribution in stated that if the Gadsden plant became five counties proposed to be added to the marketing area from plants located in Floyd County, between 27 and 40 per a pool plant under either order, it could cent is from the local plant at Rome, be disadvantaged competitively in its Alabama, Tennessee, and North Caro lina, as well as from local plants and which is regulated currently by the Principal sales territory. About 75 per Georgia order. About 15 percent is dis cent of the plant’s Class I distribution plants in other parts of the Georgia mar keting area. Supplemental supplies of tributed from the Gadsden and Cal is in Alabama, where it must compete houn plants, and approximately 35 per witti an entirely different group of dis milk for their Class I needs are some times obtained from out-of-State plants cent is from Atlanta plants under the tributors and under substantially differ Georgia order. The remaining distribu ent market conditions. While there is by Georgia handlers, including those serving the five counties. In addition, tion is by the handler who has fully otate price regulation of farm prices of regulated plants under the Chattanooga when the milk of producers regularly bulk in Alabama, there is no federally and Gteorgia orders. re^uated market there at this time. supplying Georgia plants is not needed The Tennessee Valley Milk Producers by them, it is moved to plants in Tennes In Pickens County, about one-third of Association (TVM PA), which represents see for manufacturing. the distribution is from the Gadsden plant, about one-third from a producer- khree-fourths of the producers The minimum sanitary requirements handler under the Georgia order, and » ^ t h e Chattanooga order, proposed applicable to Grade A milk handled at the five counties be included in the throughout the entire marketing area as the remaining third from plants fully uattanooga marketing area. This pro- expanded are patterned after the U.S. regulated under the Georgia order, in r^ai was supported by major Chat- Public Health Ordinance and Code and cluding the plant at Calhoun. hno°rna order handlers, one of whom are uniformly administered by State and About half the distribution in Gilmer dS ^lass I distribution in parts of the county authorities. County is from the Gadsden plant, 20-25
FEDERAL REGISTER, VOL. 34, NO. 168— WEDNESDAY, SEPTEMBER 3, 1969 No. 168------5 13996 PROPOSED RULE MAKING percent from a Georgia order fully regu verse effect on its fully regulated the 16-county marketing area, 368,000 lated plant and the remainder from the competitors or their producer suppliers. are in the city of Chattanooga and its handler who operates plants in both Moreover, even if the distribution pat environs that comprise the Chattanooga Atlanta and Chattanooga. terns suggested inclusion of such five metropolitan area. The remainder of the In Union County, 70 percent of the counties in the Chattanooga marketing marketing area is principally rural. At total distribution is from the Gadsden area, the objective of proponents to fully present, all producer milk is moved di plant and 30 percent from two fully regu regulate the Gadsden plant under Chat rectly from farms to the Chattanooga lated plants under the Georgia order, one tanooga would not necessarily be real area for processing, Chattanooga is the of which also sells in Gilmer County in ized. Other choices are open to the major point of distribution in the mar competition with the Gadsden plant. operator of the Gadsden plant. keting areas since the six fully regulated It is concluded from the foregoing that As a partially regulated plant under plants under the order are in or near the competition in the five counties is inti the Chattanooga order, Gadsden’s Class city of Chattanooga. mately involved with the present Georgia I sales in the Chattanooga marketing The Chattanooga market also is de market since such counties are ex area have been, of course, less than 15 pended upon as a principal source of sup tensively served by handlers fully regu percept of the plant’s total Class I dis plemental supplies of Class I milk for lated under the Georgia order. Such position. It is noted also that the handler Georgia and Alabama handlers who must handlers have a relatively high propor operating such plant also operates a import more than 30 million pounds of tion of Class I sales in the five-county plant at Opelika, Ala., which is expected milk annually. area as compared to sales therein from to be a fully regulated or partially regu There is substantial overlapping of the the Chattanooga market. In view of the lated plant under the Georgia order. In procurement and sales areas in northern extent of competition involved, the uni recent months Class I distribution in the Georgia of handlers under the Chatta form price plan effective in the Georgia Chattanooga marketing area from the nooga and Georgia orders. The elimina market should be extended to these Opelika plant has replaced some of the tion of location adjustments at plants counties. It is appropriate therefore that Class I sales previously made from the south of Chattanooga as herein proposed the five counties be included in the Gadsden plant. The purpose of this shift will improve -the alignment of prices Georgia marketing area. apparently was to avoid fully regulated under the two orders in an area of com Regulated handlers are required of status for the Gadsden plant under the petition between the markets and there course, to pay producers minimum class Chattanooga order. The handler indi fore will contribute to orderly marketing. prices for all Class I milk distributed in cated that he plans to open another At no time since the inception of the the proposed area. Extending the Georgia plant in northern Georgia which obvi Chattanooga order in 1956 has any plant marketing area to include the five coun ously will further divide his fluid oper more than 110 miles south of Chatta ties proposed herein is necessary to in ations. In the January 15, 1969, decision nooga been a pool plant under that sure that such handlers are not com (34 F.R. 960), on the then proposed order. There is no indication that any petitively disadvantaged on a substantial Georgia order, it was found that it is plant so Situated will, in the foreseeable amount of their Class I sales. This action necessary that a plant fully regulated future, qualify as a pool plant under the thus will assure the fully regulated be required to pay class prices for all Chattanooga order. The main alternative handlers having Class I sales in these milk handled whether disposed of inside sources of plant supply for this market counties that other distributors who com or outside the marketing area. The find are north of Chattanooga. Areas to the pete therein will be subject to the pro ings and conclusions of that decision south primarily import rather than ex visions of the order on such sales. with respect to the Class I disposition port milk. This is because milk produced The provisions of the order applicable both inside and outside the marketing by dairy farmers shipping to most plants to a handler selling only small amounts area are applicable to the situation here south of Chattanooga is not always ade in the area (as a partially regulated dis considered and are adopted as if set quate for their local Class I needs. There tributing plant) insures that the price forth in full herein. is no basis, therefore, for a plus differ paid by him for the milk sold in the 2. Amendments to the Chattanooga ential at locations 110 miles south of marketing area will approximate its order— (a) Revision of location adjust Chattanooga since this area is not an value at the minimum Class I price under ments. No location adjustments (plus area where there is need to maintain a the order. Since the quantity of Class I or minus) should be applicable at plants source of supply for the Chattanooga milk that he may distribute in the mar south of either the southern boundary market. keting area without becoming fully regu of the State of Tennessee or the northern A proposal by Chattanooga order lated is limited, he may not increase boundary of the State of South Carolina. handlers would apply location adjust appreciably his sales in the marketing The order now provides for reducing ments only at plants north of Chatta area at the expense of fully regulated the Class I and uniform prices at plants nooga that are more than 150 miles from handlers and their producers. By this 65 miles or more, in any direction, from the nearer of the city halls in Chatta means the integrity of the regulation Chattanooga at the irate of 15 cents at nooga and Knoxville. As proposed, the may be maintained. plants within 65-75 miles plus an addi Class I price would be reduced 22 cents The proponents for including the five tional 1.5 cents for each additional 10 plus 1.5 cents for each 10 miles beyond counties in the Chattanooga marketing miles. 150 miles. This proposal was submitted area (instead of Georgia) contended that The proposal to eliminate minus loca by the same handlers who have requested their proposal would have the desirable tion adjustments at plants south of Chat a hearing to merge the Chattanooga and effect of insuring that the Gadsden, Ala., tanooga was proposed by Chattanooga Knoxville orders and who indicated on plant would be fully regulated u n d er the order producers and handlers and by pro the record that their proposal might Chattanooga order instead of remaining ducers under the Georgia order. more appropriately be considered at such a partially regulated distributing plant In addition, the same producer asso a hearing. We agree with this view and under both the Chattanooga and Georgia ciations under the Georgia order would therefore no action on it is taken. orders. increase the Chattanooga Class I price (b) Elimination of supply-demand About 25 percent of the total Class I at plants more than 110 miles south of adjustor. The supply-demand adjust distribution of the Gadsden plant is in Chattanooga by 1.5 cents for each 10 ment provisions should be deleted from northwestern Georgia. About half these miles that such plant is located from the order. As a corollary change, the sales are in the seven Georgia counties that city. The purpose of this proposal Class I differential should be increased that are now included in the Chatta was to insure that approximately the 20 cents, the average amount that the nooga marketing area; its remaining same Class I price is applicable under the supply-demand adjustor has contributed Georgia sales are principally in the five Georgia and Chattanooga orders at to the Class I price in recent years. counties proposed herein to be added plants in southern Georgia. The order now provides that the Class Chattanooga, which is near the Ten- to the Georgia marketing area. It was I price shall be adjusted monthly to re not shown that the Gadsden plant must nessee-Georgia border, is the principal be fully regulated under the Chatta population center in the marketing area. flect any change in the supply of milk in nooga order to remove or prevent an ad- Of the 555,000 people (1960 census) in the market relative to fluid milk sales.
FEDERAL REGISTER, VOL. 34, NO. 168— WEDNESDAY, SEPTEMBER 3, 1969 PROPOSED RULE MAKING 13997
When milk supplies are more than ade Northern Zone than the Georgia Class I ate, therefore, that such a handler be quate in relation to Class I sales, the price in that area. Therefore, the han permitted to divert nonmember supplies Class I price is reduced. Conversely, dler proposal to retain a supply-demand on the same percentage basis as that al when supplies are less than adequate rel provision in the order with a limit pf 20 lowed a cooperative. ative to sales, the Class I price is cents is denied in favor of a stated differ Milk diverted to nonpool plants in ex increased. ential. Removal of the supply-demand cess of the 35 percent limitation provided During the 2-year period of 1967 and adjustor, as herein provided, will insure would not be considered producer milk. 1968, the supply-demand adjustment that the Class I prices under the Georgia Hence, eligibility for pricing and pooling averaged nearly 20 cents. It ranged from and Chattanooga orders will be closely under the order would be forfeited on a low of minus 2 cents in October 1967 aligned each month. This is appropriate a quantity of milk equal to such excess. to plus 44 cents in December 1968. since, as previously stated, there is an In such instances, the diverting handler Handlers'under both the Chattanooga extensive overlapping of the sales areas must specify which milk is ineligible as and Georgia orders proposed to limit of Chattanooga and Georgia order han producer milk. I f the handler fails to supply-demand adjustments to a maxi dlers in northern Georgia. make such designation, thereby making mum of 20 cents (plus or minus); the (c) Diversion of producer milk. In anyit infeasible for the market administra order now has a 50-cent limit. The pro month of September-November a co tor to determine which milk was over ducer associations under both orders operative should be permitted to divert to diverted, all milk diverted to nonpool opposed the handler proposal. nonpool plants up to 35 percent of its plants by such handler would be made in Georgia order producers urged the re producer-members’ monthly deliveries to eligible as producer milk. tention of the supply-demand adjustor all pool plans. Similarly, a pool plant It is neither necessary nor feasible to in the Chattanooga order mainly because operative should be permitted to divert to allow handlers to divert the member it results in an increase in the Georgia to nonpool plants up to 35 percent of milk of cooperative associations. TVMPA, Class I price in any month that the producer milk (exclusive of that received which represents about three-fourths of Chattanooga supply-demand adjustor from producer-members of a coopera the producers under the order is in a is more than 20 cents. tive) physically received at his plant position to divert the milk of its own The January 15, 1969, decision on the during any such month. members. I f a proprietary handler deal then proposed Georgia order found that The order now permits diversion of the ing with the association does not need the alignment of prices between the two milk of individual producers for not more all of the member milk he is receiving, he orders requires that the Class I price in than 10 days monthly in August-Feb- need only notify the association and it northern Georgia be related to the Chat ruary. Unlimited diversion is allowed in can arrange for the diversion of the tanooga Class I price. In establishing the other months. Milk may now be diverted milk. The cooperative must know at all Class I differential under the Georgia to any nonpool plant except a producer- times how much of its member milk is order, recognition was given to the aver handler plant or an other order plant. being diverted so that it will not divert age plus 20-cent supply-demand adjust As provided by this decision, diversions to more than the quantities allowed under ment that had been applicable under other order plants would be permitted the diversion provision. I f a proprietary the Chattanooga order over a repre under certain conditions. handler were allowed to divert coopera sentative period. Producers proposed changing the basis tive milk also, there would be danger The Georgia order, which provides foi for computing the amount of producer that more cooperative milk would be a Class I differential of $2.15 in the milk that may be diverted during the diverted than is allowed under the diver Northern Zone” (the 29 northemmosl months of August-February from not sion limitations. This could result in Georgia counties) and $2.30 elsewhere in more than 10 days on an individual some milk regularly supplied to the mar the marketing area, also provides that in producer basis, to 35 percent of the total ket being excluded from the pool. the Northern Zone the Class I price shall producer milk of its members received at Producers contend that because the not be less than the Chattanooga Class 1 pool plants during each of the months basis for computing the amount of pro price and in the remainder of the mar of September-November. This latter ducer milk that may be diverted is being keting area not less than the Chatta basis, which is commonly applied in a changed from an individual producer nooga price plus 15 cents. In those number of Federal milk orders, was not basis to a percentage of the aggregate months when the Chattanooga supply- opposed at the hearing. producer milk deliveries, a producer demand adjustment was more than 20 Diversion provisions are for the pur whose milk is diverted during the month cents, this had the effect of increasing the pose of enabling handlers and coopera should not be required to deliver any Georgia Class I price by any amount in tives to divert producer milk when it is specifed number of days during the iQ«ofS 20 cen^s- For example, in April not needed in the market for Class I pur month to a pool plant. 1969 the Chattanooga supply-demand poses, such as on weekends and holidays. As proposed by producers, a dairy adjustment of plus 28 cents resulted in an The limitations herein proposed will be farmer could ship his entire production »-cent increase in the Georgia Class I more practicable than those now con throughout the year to a nonpool plant Price. However, whenever the Chatta tained in the order in accommodating as diverted milk and have it pooled un nooga supply-demand adjustment was diversion under current marketing con der the order. This could result in the oelow 20 cents, the Chattanooga Class I ditions and will facilitate the orderly dis the exploitation of the pool not only Price was reduced in relation to the position of produce milk. by cooperatives and handlers now Georgia Class I price. In June 1969, when In the Chattanooga market, the co under the order but also by others who " 7 supply-demand adjustment was operative exercises the responsibility for are not now associated with the market. minus 2 cents, the Chattanooga Class I diverting its members’ milk to nonpool Only milk regularly associated with ii*CLln the Northern Zone was 18 cents plants. Milk not needed by handlers can, the market should be eligible for diver ie?s than the Georgia Class I price.1 .of course, be most economically handled sion to nonpool plants. Milk that is de Chattanooga Class I differential by being moved directly from the farm livered continuously to a nonpool plant, suiting from this decision will be $2.15, to nearby manufacturing plants. The whether for Class I or manufacturing wie same as that applicable in the North- greatest efficiency in this regard is uses, cannot properly be considered a achieved by diverting the milk from the riw °ne of the Georgm order. The han- part of the supply for the Chattanooga farms of producers nearest the manufac market. It is necessary, therefore, that a riw rop° ! al 1)0 rebain a supply-demand limK? ^ provision in the order and turing plants. This can be accomplished an appropriate standard be specified in the ^ ju stor to 20 cents (plus or most practicably if the diversion is in the order for establishing a dairy farm ,would continue a situation in terms of a percentage of the aggregate er’s continuing association with the cn a lower price can prevail under the quantity of milk delivered to pool plants Chattanooga market to qualify his milk nattanooga order in some months in the by the cooperative, as herein provided. for diversion to nonpool plants. A pool plant operator whose source of Since the diversion of producer milk supply is principally from nonmember would, by this decision, be based on a notice is taken of the Chattan producers has no less need for diversion percentage of the aggregate producer de wjcet administrator’s monthly price than does a cooperative whose members ements for March through June 1! liveries, the number of days that a pro supply other pool plants. It is appropri ducer’s milk should be received at a pool
FEDERAL REGISTER, VOL. 34, NO. 168— WEDNESDAY, SEPTEMBER 3, 1969 13998 PROPOSED RULE MAKING plant during the SeptemberTNovember interested parties. These briefs, proposed of Georgia except the counties of Ca period of limited diversion should be findings and conclusions and the evi toosa, Chattooga, Dade, Fannin, Mur m in im a l. It is appropriate, therefore, to dence in the record were considered in ray, Rabun, Walker, and Whitfield. The provide that not less than 4 days’ pro making the findings and conclusions set marketing area shall include all territory duction of a producer be delivered to a forth above. To the extent that the sug that is occupied by government (munic pool plant during the month in Septem- gested findings and conclusions filed by ipal, State, or Federal) reservations, in ber-November to qualify all his produc interested parties are inconsistent with stallations, institutions, or other similar tion in the same month for diversion the findings and conclusions set forth establishments if any part of such ter within the limits proposed herein. herein, the requests to make such find ritory is within the designated geograph I f less than 4 days’ production of a pro ings or reach such conclusions are denied ical limits of the marketing area. ducer is delivered to a pool plant during for the reasons previously stated in this 1. In Part 1090. Milk in .the Chatta the month in September-November, then decision. nooga, Tenn., Marketing Area, § 1090.6 only that quantity of milk delivered to a G e n e r a l F in d in g s is revised to read as follows: nonpool plant that is not greater than The findings and determinations here § 1090.6 Producer. the quantity delivered to a pool plant inafter set forth are supplementary and “ Producer” means any approved dairy would be considered producer milk. These in addition to the findings and deter requirements are sufficient -under current farmer, except a producer-handler as de minations previously made in connection fined in any order (including this part) conditions to permit the necessary flexi with the issuance of the aforesaid orders bility for milk not needed for fluid use. issued pursuant to the Act, whose milk and of the previously issued amendments is physically received at a pool plant or Substantial quantities of milk are thereto; and all of said previous findings moved between Chattanooga order pool diverted pursuant to § 1090.11 from a and determinations are hereby ratified plants and fully regulated plants under pool plant to a nonpool plant. “ Producer” and affirmed, except insofar as such find shall not include an approved dairy the Georgia order. When milk is not ings and determinations may be in con needed at Georgia plants, it is moved farmer with respect to milk that is phys flict with the findings and determinations ically received at a pool plant as divert to the Chattanooga plant of the Ten set forth herein. nessee Valley Milk Producers Association ed milk from an other order plant if a (a) The tentative marketing agree Class II classification under this order for manufacturing. Such shipments from ments and the orders, as hereby proposed a Georgia pool plant to a Chattanooga is designated for such milk and it is sub to be amended, and all of the terms and ject to the pricing and pooling provisions order plant are priced and pooled as conditions thereof, will tend to effectuate Class II under the Georgia order. The of another order issued pursuant to the the declared policy of the Act; Act. Georgia order now facilitates the move (b) The parity prices of milk as de ment of such milk whether moved from 2. Section 1090.11 is revised to read as termined pursuant to section 2 of the Act follows: a plant or moved directly from the farm are not reasonable in view of the price of a Georgia producer as diverted milk to of feeds, available supplies of feeds, and §1090.11 Producer milk. an other order plant. other economic conditions which affect “Producer milk” means the skim milk The movement of milk to Chattanooga market supply and demand for milk in and butterfat contained in milk: order pool plants from Georgia and other the marketing area, and the minimum (a) Received at a pool plant directly Federal order markets should be facili prices specified in the proposed market tated by permitting the milk of producers from a producer; or ing agreements and the orders, as hereby (b) Diverted from a pool plant to a under any other order to be diverted to proposed to be amended, are such prices a Chattanooga order pool plant for man nonpool paint (except a producer-han as will reflect thè aforesaid factors, in dler p lan t); ufacturing purposes without losing its sure a sufficient quantity of pure and producer milk status under the other wholesome milk, and be in the public subject to the following conditions: order. This would be appropriately ac interest; and (1) Such milk shall be deemed to have complished by providing that a person (c) The tentative marketing agree been received by the diverting handler would not be a producer under the ments and the orders, as hereby proposed at the plant from which diverted; Chattanooga order with respect to milk to be amended, will regulate the handling (2) In any month of September that is ( 1 ) physically received at a pool of milk in the same manner as, and will through November that less than 4 days’ plant as diverted milk from an other be applicable only to persons in the re order plant; (2) designated for Class n production of a producer is delivered to spective classes of industrial and com pool plants, the quantity of milk of the under the Chattanooga order; and (3) mercial activity specified in, a marketing subject to the pricing and pooling provi producer diverted during the month that agreement upon which a hearing has exceeds that delivered to pool plants sions of another Federal order. Such a been held. provision governing the movement of shall not be deemed to have been re milk for manufacturing purposes from R e c o m m en d e d M a r k e t in g A g r e e m e n ts ceived at a pool plant and shall not be an other order plant to a pool plant will a n d O rders A m e n d in g t h e O rders producer milk; (3) Milk may be diverted to an other contribute to orderly marketing. The following order amending the or order plant only if a Class I I classifica When the milk of producers regularly ders as amended regulating the handling tion (or its equivalent) is designated for associated with the Chattanooga market of milk in the Georgia and Chattanooga, such milk pursuant to the provisions of is not needed for Class I purposes, its Tenn., marketing areas is recommended another order issued pursuant to the disposal for manufacturing purposes to as the detailed and appropriate means Act and such milk is not subject to the nonpool plants should be facilitated. In by which the foregoing conclusions may pricing and pooling provisions of such some instances, an other order plant may be carried out. The recommended mar be the most suitable outlet for such sur keting agreement is not included in this orders; plus milk. It would be appropriate, there decision because the regulatory provi (4) A cooperative association may di fore, to provide that milk may be moved sions thereof would be the same as those vert for its account the milk of any directly from the farm of a Chattanooga contained in the order, as hereby pro member-producer: Provided, That in order producer as diverted milk to an posed to be amended : any month of September through No other order plant when such milk is In Part 1007.6. Milk in the Georgia vember the total quantity of milk so classified as Class II (or a comparable Marketing Area, § 1007.6 is revised to diverted that exceeds 35 percent of the class under that order) and is not subject read as follows: milk physically received from member- to the pricing and pooling provisions of producers at all pool plants during the that order as producer milk. §1007.6 Georgia marketing area. month shall not be deemed to have been The “Georgia marketing area”, herein received at a pool plant and shall not R u l in g s o n P roposed F in d in g s and after called the “ marketing area” , means be producer milk; ■ C o n c l u s io n s all the territory, including all waterfront (5) The operator of a pool plant, other Briefs and proposed findings and con facilities connected therewith, geographi than a cooperative association, may di clusions were filed on behalf of certain cally within the boundaries of the State vert for his account the milk of any
FEDERAL REGISTER, VOL. 34, NO. 168— WEDNESDAY, SEPTEMBER 3, 1969 PROPOSED RULE MAKING 13999 producer other than a member of a co ers’ Association of the United States, 1001 may desire. Communications should be operative association: Provided, That in Connecticut Avenue NW., Washington, submitted in triplicate to the Federal any month of September through No D.C. 20036, proposing that the standard Aviation Administration, Area Manager, vember the total quantity of milk so di of identity for vanilla powder (21 CFR Memphis Area Office, Air Traffic Branch, verted that exceeds 35 percent of the 22.8) be amended to permit the optional Post Office Box 18097, Memphis, Tenn. milk physically received at such pool addition of gum acacia. 38118. All communications received with plant during the month from producers Grounds given in support of the pro in 30 days after publication of this who are not members of a cooperative posal are that ( 1 ) the use of this sub notice in the F ederal R eg ister will be association shall not be deemed to have stance would be advantageous in the considered before action is taken on the been received at a pool plant and shall manufacture of certain spray-dried proposed amendment. No hearing is con not be producer milk; and powders as an encapsulating agent, and templated at this time, but arrangements (6) The diverting handler shall des (2) the protective effect carries over into for informal conferences with Federal ignate the dairy farmers whose milk is the products in which the spray-dried Aviation Administration officials may be not producer milk pursuant to subpara flavor is used. made by contacting the Chief, Air T raf graphs (4) and (5) of this paragraph. Accordingly, it is proposed that § 22.8 fic Branch. Any data, views, or arguments If the handler fails to make such desig (a) be amended by adding thereto a new presented during such conferences must nation, no milk diverted by him shall be subparagraph (6), as follows: also be submitted in writing in accord producer milk. § 22.8 Vanilla powder; identity; label ance with this notice in order to become 3. Section 1090.51(a) is revised to read statement o f optional ingredients. part of the record for consideration. The as follows : proposal contained in this notice may be (а ) * * * changed in the light of comments § 1090.51 Class prices. (б) Gum acacia. received. * * * * * * - * * * * The official docket will be available for (a) Class I milk price. The price per Due to cross-reference, adoption of the examination by interested persons at the hundredweight for Class I milk for the proposed amendment to the standard Federal Aviation Administration, South month shall be the basic formula price for vanilla powder (§ 22.8) would have ern Regional Headquarters, Room 724, for the preceding month plus $1.95 and the effect of making gum acacia a per 3400 Whipple Street, East Point, Ga. plus 20 cents. mitted ingredient in vanilla-vanillin The Huntsville control zone described * * * * * powder (§ 22.9). in § 71.171 (34 F.R. 4557) would be re 4. Section 1090.53(a) is revised to read Pursuant to the provisions of the Fed designated as: as follows: eral Food, Drug, and Cosmetic Act (secs. Within a 5-mile radius of Huntsville-Madi- 401, 701, 52 Stat. 1046, 1055, as amended son County Airport (lat. 34°38'19" N., long. § 1090.53 Location adjustments to han 70 Stat. 919, 72 Stat. 948; 21 U.S.C. 341, 86°46'25" W .); within 2 miles each side of dlers. 371) and in accordance with the author the Huntsville ILS localizer north course, (a) The Class I price for producer milk ity delegated to the Commissioner of extending from the 5-mile radius zone to 2.5 and other source milk (for which a loca Food and Drugs (21 CFR 2.120), all inter miles south of Capshaw RBN; within 2 miles each side of the Huntsville VOR 217° radial, tion adjustment is applicable) at a plant ested persons are invited to submit their extending from the 5-mile radius zone to 0.5 that is north of either the southern views in writing (preferably in quintu- mile southwest of the VOR; within a 5-mile boundary of the State of Tennessee or plicate) regarding this proposal within radius of Redstone AAF (lat. 34°40'29" N„ the northern boundary of the State of 60 days following the date of publication long. 86°40'54" W .); within 2 miles each side South Carolina and more than 65 miles of this notice in the F ederal R e g ist e r . of the 352° bearing from Whitesburg RBN, (by the shortest hard-surfaced highway Such views and comments should be ad extending from the 5-mile radius zone to the distance as determined by the market dressed to the Hearing Clerk, Department RBN; within 2 miles each side of the 356° administrator) from the city hall in of Health, Education, and Welfare, Room bearing from Redstone RBN, extending from the 5-mile radius zone to 2 miles north of the Chattanooga shall be reduced 15 cents 5440, 330 Independence Avenue SW., RBN; within 2.5 miles each side of Runway and an additional* 1.5 cents for each 10 Washington, D.C. 20201, and may be ac 35 extended centerline, extending from the miles or fraction thereof in excess of 75 companied by a memorandum or brief in threshold to 5.5 miles south; within 2.5 miles miles (by the shortest hard-surface support thereof. each side of Runway 17 extended centerline, highway distance as determined by the extending from the threshold to 6 miles Dated: August 22,1969. market administrator) that such plant north. is from the city hall in Chattanooga; J. K . K ir k , The Huntsville transition area de and Associate Commissioner scribed in § 71.181 (34 F.R. 4637) would for Compliance. * * * * * be redesignated as: [P.R. Doc. 69-10434; Piled, Sept. 2, 1969; That airspace extending upward from 700 Signed at Washington, D.C., on Au 8:45 a.m.] gust 28,1969. ’ feet above the surface Within a 15.5-mile radius of Redstone AAP (lat. 34°40'29" N., J o h n C. B l u m , long. 86°40'54'' W .); within 3 miles each side Deputy Administrator of Huntsville ILS localizer north course, ex Regulatory Programs. DEPARTMENT OF tending from the Capshaw RBN to 8.5 miles [PR. Doc. 69-10456; Piled, Sept. 2, 19 6 9 ; north of the RBN; within 3 miles each side of 8:47 a.m.] Huntsville ILS localizer south course, extend TRANSPORTATION ing, from the localizer to 14.5 miles south; Federal Aviation Administration within, an 8.5-mile radius of Pryor Field (lat. 34°39'09" N„ long. 86°56'45" W .); within 9.5 E 14 CFR Part 71 1 miles west and 4.5 miles east of the Decatur d epa rtm en t o f h ea lth, ed u VOR 351 ° radial, extending from the VOR to [Airspace Docket No. 69-SO-68] 18.5 miles north. c a tio n, AND WELFARE CONTROL ZONE AND TRANSITION The application of Terminal Instru Food and Drug Administration AREA ment Approach Procedures (TERPs) and current airspace criteria to the I 21 CFR Part 22 ] Proposed Alteration Huntsville terminal complex requires the following actions: FOOD FLAVORINGS The Federal Aviation Administration is considering an amendment to Part 71 1. Control zone. Vanilla Powder, Identity Standard; of the Federal Aviation Regulations that a. A 4.5-mile reduction in the length of the Optional Use of Gum Acacia would alter the Huntsville, Ala., control extension predicated on the Huntsville VOR zone and transition area. 217° radial. b. A 1-mile reduction in the length of the g*ven that a petition has been Interested persons may submit such ea by Flavor and Extract Manufactur- extension predicated on the 356° bearing written data, views, or arguments as they from Redstone RBN. k u ,
FEDERAL REGISTER, V O i. 34, NO, 168— WEDNESDAY,SEPTEMBER 3, 1969 14000 PROPOSED RULE MAKING
c. A 1-mile increase in the length of the population figures are from the 1960 4. Weslaco, Tex., and Laredo, Tex. In extension predicated on the 352° bearing U.S. Census. addition to the changes proposed by in from Whitesburg RBN. 2. RM-1437, Atlanta, Tex. (Ark-La- terested parties, the Commission wishes d. Designate extensions predicated on Red Tex Broadcasting Co.); RM-1440, La to make changes on its own motion in stone AAF Runway 35 and Runway 17 ex Weslaco and Laredo, Tex. Assignments tended centerlines. Grange, Tex. (Lloyd E. Kolbe, d.b.a. Radio Station KVLG); RM-1445, Lake were inadvertently made short-spaced e. Revoke extensions predicated on Hunts between McAllen, Tex. (Channel 245) ville VOR 220° radial, Huntsville ILS south Village, Ark. (Gene R. Smith) ; RM- course, and Decatur VOR 093° radial. 1446, Waverly, Iowa. (Cedar Valley and Weslaco (Channel 247). We propose 2. Transition area. Broadcasting Co.); RM—1447, Toma to substitute Channel 290 for 247 at Wes a. Increase the Pryor Field basic radius haw k,W is. ( Tomahawk Broadcasting laco. Substitution of Channel 286 for 289 at Laredo, Tex., is necessary to accom eircle from 6 to 8.5 miles. Co.); RM-1448, Avon Park, Fla. (Avon b. Increase the Redstone AAF basic radius modate the proposed change at Weslaco. Electronic Services, In c .); RM-1461, circle from 15 to 15.5 miles. None of the channels involved are occu c. Designate an extension predicated on the Durand, Wis. (.Radio Station WRDN); pied and no application is pending for Huntsville ILS north course. RM-1467, Grayling, Mich. (Robert D. their use. Comments are invited on the d. _ Increase the extension predicated on the Ditmer); RM-1468, Canton, Mo. (Fran following: Decatur VOR 351° radial 1 mile in width and cis L. Hollan). In these nine cases, in 6.5 miles in length. terested parties seek the addition of a e. Increase the length of the extension Channel No. Class A channel to a community pres City predicated on the Huntsville ILS south Present Proposed course 0.5 mile. ently having no FM assignment and f. Revoke the extension predicated on the without requiring any other changes in 356° bearing from Redstone RBN. the table. The communities range in size Weslaco, Tex___ ... ____ 247,258 . 258,290 ____ 224A.264,289 224À, 264,286 from 2,015 persons for Grayling, Mich., Laredo, Tex. _____ . The proposed redesignation of con to 6,357 persons for Waverly, Iowa. The trolled airspace in the Huntsville termi following communities each has one day 5. Authority for the adoption of the nal complex is required to provide con time-only AM station; Atlanta, Tex.; trolled airspace protection for 1FR oper amendments proposed herein is con La Grange, Tex.; Waverly, Iowa; Toma tained in sections 4( i ) , 303, and 307(b ) of ations in climb to 1,200 feet above the hawk, Wis.; and Durand, Wis. The re surface and in descent below 1,500 feet the Communications Act of 1934, as maining communities have no local AM amended. above the surface. service. In the case of Durand, Wis., a This amendment is proposed under 6. Pursuant to applicable procedures site will have to be selected about 3.5 the authority of section 307(a) of the set out in § 1.415 of the Commission’s miles out of the city to meet the re rules, interested persons may file com Federal Aviation Act of 1958 (49 U.S.C. quired minimum spacings. None of the 1348(a)) and of section 6 (c) of the De ment on or before October 9, 1969, and communities is in a 1960 Urbanized Area, reply comments on or before October 20, partment of Transportation Act (49 and each assignment appears to be war U.S.C. 1655(c)). 1969. All submissions by parties to this ranted. Comments are therefore invited proceeding or persons acting in behalf Issued in East Eoint, Ga., on Au on the additions to the table listed of such parties must be made in written gust 21,1969. below: comments, reply comments, or other ap Ja m es G. R ogers, City Channel No. propriate pleadings. Director, Southern Region. Atlanta, Tex------257A 7. In accordance with the provisions La Grange, Tex------.------285A [F.R. Doc. 69-10452; Filed, Sept. 2, 1969; Lake Village, Ark------.— 240A of § 1.419 of the rules, an original and 8:46 a.m.] Waverly, Iowa ------.— 257A 14 copies of all comments, replies, plead Tomahawk, Wis__.------261A ings, briefs, and other documents shall Avon Park, Fla— ,------292A be furnished the Commission. Durand, Wis------1240A FEDERAL COMMUNICATIONS Grayling, Mich------261A F ederal ^Communications Canton, Mo----.------— ------272A C o m m is s io n , [ s e a l ] B e n F. W a p l e , COMMISSION i a site about 3.5 miles south of Durand would be required in order to meet the mini Secretary. [ 47 CFR Part 73 1 mum spacing requirements of the rules for [F.R. Doc. 69-10477; Filed, Sept. 2, 1 9 6 9 ; [Docket No. 18649; FCC 69-939] Channel 240A. 8:49 a.m.] 3. RM-1459, Willow Springs, Mo. On CERTAIN FM BROADCAST STATIONS May 21, 1969, Stereo Broadcasting, Inc., Table of Assignments licensee of Station K T X R (F M ), Spring- field, Mo., filed a petition requesting the INTERSTATE COMMERCE In the. matter of amendment of substitution of Channel 261A for 265A § 73.202, Table of Assignments, FM at Willow Springs, Mo. The purpose of COMMISSION broadcast stations. (Atlanta, Tex., La the proposal is to avoid a short spacing Grange, Tex., Lake Village, Ark., Wav- between a proposed new site for K T X R [ 49 CFR Part 1002 T erly, Iowa, Tomahawk, Wis., Avon Park, (FM ) on Channel 268 and the adjacent [Ex Parte No. 246] Fla., Durand, Wis., Grayling, Mich., channel assignment at Willow Springs. REGULATIONS GOVERNING FEES FOR Canton, Mo., Willow Springs, Mo., Wes No application is pending for Channel SERVICES PERFORMED IN CONNEC laco, Tex., and Laredo, Tex.) , RM-1437, 265A at Willow Springs. Stereo submits RM-1440 RM-1445, RM-1446, RM-1447, that it proposes to move the K T X R site TION WITH LICENSING AND RE RM-1448, RM-1459, RM-1461, RM-1467, to the site of K M T C (T V ), Springfield, in LATED ACTIVITIES RM-1468. order to increase power and antenna Extension of Time 1. Notice is hereby given of proposed height so as to provide an improved serv rule making in the above-entitled mat ice area. Channel 261A can be assigned A u g u s t 28, 1969. ter, concerning amendments of the FM to Willow Springs in conformance with At the request of the Contract Carriers Table of Assignments contained in sec all the separation rules and without Conference, American Trucking Associa tion 73.202 of the Commission’s rules. All adversely affecting any other station or tion, Inc., an interested party, the tune proposed assignments are alleged and assignment. Comments are therefore for filing written representations in t appear to meet the spacing requirements invited on the following: above-entitled proceeding has been ex of the rules. Any proposed assignments tended from September 2, 1969, to Sep which are within 250 miles of the United Channel No. tember 15,1969. States-Canadian border will require [ s e a l ] A n d r e w A n t h o n y , Jr., coordination with the Canadian Govern Present Proposed Acting Secretary. ment under the terms of the Canadian- United States Agreement of 1947 and the Willow Springs, Mo------265A 261A [F.R. Doc. 69-10484; Filed, Sept. 2, 19® ’ 8:49 a.m.] Working Arrangement of 1963. All
FEDERAL REGISTER, VOL. 34, NO. 168— WEDNESDAY, SEPTEMBER 3, 1969 14001 Notices
which authorizes the purchase of lands regulations in 43 CFR, Parts 2410 and DEPARTMENT OF STATE within the Badlands Air Force Gunnery 2411, it is proposed to classify the public Office of the Secretary Range by the former Indian and non- land described in paragraph 3 for trans Indian owners; the acquisition by former fer out of Federal ownership under public [Delegation of Authority No. 63-E-l] Indian owners of life estates in national land exchange laws of the United States [Public Notice 313] monument lands formerly owned by and in aid of the land acquisition pro them; the acquisition of lieu lands when gram of the Redwood National Park, CHIEF, ADMINISTRATIVE DIVISION lands formerly owned by them are not Act of October 2, 1968 (82 Stat. 931). ET AL. available or are not desired by them for 2. Publication of this notice has the reacquisition; and provides for convey effect of segregating the following Authority To Sign and Issue U.S. Gov ance of title to the former owners. ernment Bills of Lading (SF-1103) described public lands from all forms T . W . T a y l o r , of disposal under the public land laws, By virtue of the authority vested in the Acting Commissioner. including the mining laws, except the Secretary of State by section 4 of the form or forms of disposal for which it [P.R. Doc. 69-10437; Filed, Sept. 2, 1969; Act of May 26,1949, as amended (63 Stat. 8:45 a.m.] is proposed to classify the lands. How Ill; 22 U.S.C. 2658), and by virtue of the ever, publication does not alter the authority vested in me by section 150 of applicability of the public land laws the Organization Manual of the Depart Bureau of Land Management governing the use of the lands under ment of State (1 FAM 150), Delegation of lease, license, or permit, or govern the Authority No. 63-E of July 29,1966 (Pub CALIFORNIA disposal of their mineral and vegetative lic Notice No. 247, 31 F.R. 10699, Aug. 11, Amendment of Notice of Proposed resources, other than under the mining 1966) is amended to delegate the fol laws. lowing officials of the Passport Office Withdrawal and Reservation of Lands 3. The below-described lands proposed authority to sign and issue U.S. Govern to be classified for disposal are located ment bills of lading and certificates in The Bureau of Land Management has in Del Norte and Humboldt Counties. lieu of lost U.S. Government bills of amended its application for withdrawal Maps and other information are avail lading. The authority hereby delegated is by deleting the following described lands : able for inspection in the Ukiah District subject to any specific limitations indi L assen G eothermal A rea Office. Parties who owned lands taken cated below and to all instructions, reg in Redwood National Park have demon ulations and directives which are now in MOUNT DIABLO MERIDIAN strated an interest in acquiring the effect or which may be issued hereafter T. 29 N., R. 4 E„ below lands as partial or complete by the Department of State or by any Sec. 19, Si/aSW^SW^NE^SWi/i, SWVÌ compensation. other Government agency of competent SE&SW&NE&SW^, SE & SE 14 NE % juridiction governing the signing and SE 1,4 sw 14, wy2 E14 NW 14 SE 1,4 SW 14, wy2 D el N orte and Humboldt Counties issuing of U.S. Government bills of lad wy2 s e 14 sw 1,4, wy2 n e 14 sw 14 SE14 swy4, ing (SF-1103). SE&SW^SE^SW^, NE 1,4 SE 14 SE 14 HUMBOLDT MERIDIAN ' SW 14, Ei/2NW 14SE 14SE 14SW 14, Sy2SE^ Bureau op Security and Consular Affairs SE^SW^, NE 14 NE 14 SW % SE 14, NE 14 Land Description: Passport Office: NW 1,4 NE 1,4 SW 14 SE 14, Sy2NW%NE%; T. 15 N., R. 1 E., Chief, Administrative Division. SW14SE14, SW 14 NE 1,4 SW 14 SE 1,4, Ni/2 Sec. 1, lot 1 and S E ^ N E ^ . Chief, Operations Branch. SE % NE 14 SW % SE 1,4, SEV4NEi/4NWy4 8013 acres. Office Services Manager. sw 1,4s e %, sy2Nw%swy2sE%, sw 14 T. 3 N., R. 2 E„ Office Services Assistant. sw 14s e 14, wy2sEy4sw%sE%, sy2sy2 SE14SE1/4SW14SE 1,4, Wy2Wy2NWi,4NWi4 Sec. 1, lots 1, 2, 3, 4, 5, and 8; Limitation. Chargeable to funds avail SE 1,4 SE 14, W i/2 NW 1/4 SW 1,4 NW SE % Sec. 2, lots 2, 3,4, 5, 6, 7, and able for Passport Office operations. SEV4; Ni/2SE%. Sec. 30, Ny2Ni^Ni^NW%NE%, NE^NW%. 601.41 acres. For the Secretary of State. The area described aggregates approx T. 4 N., R. 2 E., J o h n H . B u r n s , Sec. 25, Sy2SEi4. Acting Deputy Under Secretary of imately 102.80 acres of national forest 80 acres. lands in Tehama County. State for Administration. T. 11 N., R. 2 E., Pursuant to the regulations contained Sec, 26, N W & S W & . [PR. Doc. 69-10448; Piled, Sept. 2, 1960; in 43 CFR, Subpart 2311, at 10 a.m. on 8:46 a.m.] 40 acres. September 3, 1969, the segregative effect of the revised application of March 24, T. 13 N., R. 2 E., Sec. 16, S W & N E ^ , S E & S E & , 1967, amended on April 12, 1967, will be 80 acres. J terminated as to the foregoing lands. departm ent o f t h e in t e r io r T. 15 N., R. 2 E., Bureau of Indian Affairs J o h n O . C r o w , Sec. 18, NE%. Associate Director. 160 acres. SUPERINTENDENT, PINE RIDGE A u g u s t 27, 1969. T. 3 N., R. 3 E., AGENCY Sec. 6, lots 1 and 2, [P.R. Doc. 69-10472; Piled, Sept. 2, 1969; SE14NW&, wy2sE%. Delegation of Authority 8:48 a.m.] 199.19 acres.
A u g u s t 27, 1969. T. 4N., R. 3 E„ - > - . [S 2701] Sec. 31, lot 2, S E & N W ^ , N W & S E li, ! The Superintendent of the Pine Ridge SE%SE]4> n,fncy is hereby authorized to exercise CALIFORNIA 162.35 acres. u authority delegated to the Commis- Notice of Proposed Classification of T. 7 N., R. 3 E., In<**an Affairs by the Secretary Sec. 4, S W & S E & ; 1 tne Interior in Amendment 84 to Sec Public Lands for Transfer Out of Sec. 8, N E ^ N E & i , retarial Order 2508 and vested in the Federal Ownership Sec. 9, N W & N E % , S E ^ N E ^ , Ny2N W }4 * secretary by sections 3(b) and 4 of the SW}4NW]4; 1 1. Pursuant to the Act of September Sec. 14, SE14 NW&. Cfc of August 8, 1968 (82 Stat. 663), 19, 1964 (43 U.S.C. 1412) and to the ^ 320 acres.
FEDERAL REGISTER, VOL. 34, NO. 168— WEDNESDAY, SEPTEMBER 3, 1969 14002 NOTICES
T. 10 N., B. 3 E., ness proposal may be obtained from the Office of the Secretary Sec. 21, S W & S W & ; Refuge Manager, Gulf Islands National Sec. 31, NE% NE% . Wildlife Refuge, Post Office Box 165, PATRICK N. GRIFFIN 80 acres. Biloxi, Miss. 39533, or the Regional Di Statement of Changes in Financial T. 11% N., B. 3 E., rector, Bureau of Sport Fisheries and Interests Sec. 31, lots ï, 2,3, and 4; Wildlife, Peachtree-Seventh Building, Sec. 32, lots 1,2,3, and 4; Atlanta, Ga. 30323. In accordance with the requirements Sec. 33, lots 1,2,3, and 4; Individuals or organizations nfay of section 710(b) (6) of the Defense Pro Sec. 34, lots 1,2,3, and 4; express their oral or written views by duction Act of 1950, as amended, and Sec. 35, lots 1, 2,3, and 4. appearing at this hearing, or they may Executive Order 10647 of November 28, 786.40 acres submit written comments for inclusion 1955, the following changes have taken T. 12 N., B. 3 E., in the official record of the hearing to place in my financial interests during the Sec. 28, NE& NEÎ4. the Regional Director at the above past 6 months: 40 acres address by December 27, 1969. (1) None. T. 3 N., B. 4 E., J o h n S. G o t t s c h a l k , (2) None. Sec. 8, SE%SWiy4. (3) None. 40 acres Director, Bureau of Sport Fisheries and Wildlife. (4) None. T. 4 N., B. 4 E., This statement is made as of Au Sec. 17, NE % SW % ; A u g u s t 28, 1969. gust 22, 1969. Sec. 21, SE% SE% î [F.B. Doc. 69-10436; Filed, Sept. 2, 1969; Sec. 22, SW14SWÎ4. - 8:45 a.m.] Dated: August 1, 1969. 120 acres P at G r if f in . T. 5 N., B. 4 E., Sec. 30, SWÎ4SE%; National Park Service [F.B. Doc. 69-10481; Filed, Sept. 2, 1969; Sec. 32, N E & S W ^ . 8:49 a.m.] 80 acres NATIONAL REGISTER OF HISTORIC PLACES T.3N..E.5E., W. I. MARTIN Sec. 18, lots, 3,4, and E%SE}4. Additions, Deletions, and Corrections 166.33 acres Statement of Changes in Financial The lands described above approxi By notice in the F ederal R eg ister of Interests mate 3,035.81 acres. February 25, 1969, at page 2582, there was published a list of the properties in In accordance with the requirements 4. For a period of 60 days from the cluded in the National Register of His of section 710(b) (6) of the Defense Pro date of publication of this notice in the toric Places. This list has been amended F ederal R e g ister , all persons who wish duction Act of 1950, as amended, and by notices in the F ederal R egister on Executive Order 10647 of November 28, to submit comments, suggestions, or ob April 2 <34 F.R. 6018-19), May 6 (34 jections in connection with the proposed F.R. 7338), June 3 (34 F.R. 8713-14), 1955, the following changes have taken classification may present their views in June 28 (34 F.R. 10007-8), and August 5 place in my financial interests during writing to the Ukiah District Manager, (34 F.R. 12722-23). the past 6 months: 168 Washington Avenue, Ukiah, Calif. Further notice is hereby given that 95482. (1) No longer President and Director of certain amendments or revisions, in the Pacific Coast Hemphill Oil Co. 5. A public hearing on this proposed nature of additions, deletions, or correc (2) No longer receiving salary and bonus classification will be held if sufficient tions to the previously published list are as Division Sales Manager of Union Oil Co. interest is demonstrated. adopted as set out below. Beceive monthly retirement pay from Union It is the responsibility of all Federal Oil, and yearly retainer as Independent Mar E. J. P e t e r se n , agencies to take cognizance of the prop keting Consultant to that firm. I still hold Acting State Director. stocks in Union Oil Oo. of California, Amer erties included in the National Register ican Life & Casualty Insurance Co., and [P.B. Doc. 69-10480; Piled, Sept. 2, 1969; as herein amended and revised in ac 8:49 a.m.] Canadian Superior Oil Co. cordance with section 106 of the National (3) None. - Historic Preservation Act of 1966, 80 (4) None. Fish and Wildlife Service Stat. 915,16 U.S.C. 470. The following properties have been This statement is made as of Au BRETON NATIONAL WILDLIFE added to the National Register since gust 22,1969. REFUGE August 5, 1969: Dated: July 30, 1969. MAINE Notice of Public Hearing Regarding W. I. M a r t in . Cumberland County ' Wilderness Proposal [F.r . Doc. 69-10482; Filed, Sept. 2, 1969; Falmouth Street, University of Maine in 8:49 a.m.] Notice is hereby given in accordance Portland campus. with provisions of the Wilderness Act MISSOURI of September 3, 1964 (Public Law 88- ELLERTON E. WALL 577; 78 Stat. 890-896; 16 U.S.C. 1131- Saline County 1136), that a public hearing will be held Gumbo Point Archeological Site, SE%SE%^ Statement of Changes in Financial beginning at 9 a.m. on November 12, NE 14 , sec. 11, SWy4, NWy4, sec. 12, T. 5H., Interests 1969, at the St. Bernard Courthouse, B. 23W. Annex, Jury Room, Chalmette, St. SOUTH CAROLINA In accordance with the requirements Bernard Parish, La., on a proposal lead Greenville County of section 710(b) (6) of the Defense Pro ing to a recommendation to be made to duction Act of 1950, as amended, and Greenville, Earle Town House, 107 James the President of the United States by Executive Order 10647 of November 28, the Secretary of the Interior, regarding Strcot Greenville, Whitehall, 310 West Earle Street. the desirability of including the Breton 1955, the following changes have taken Wilderness Proposal within the National Richland County place in my financial interests during Wilderness Preservation System. The Columbia, Hampton-Preston House, 1615 the past 6 months: wilderness proposal consists of approxi Blanding Street. (1) None. mately 9,432 acres within Breton Na E r n e st A l l e n C o n n a l l y , (2) None. . Qn„. tional Wildlife Refuge, and is located in (3) Standard Oil Co. of California, 2,8iw. St. Bernard and Plaquemines Parishes, Chief, Office of Archeology Erie Technological, Inc., 300; The Upjohn 00 - and Historic Preservation. State of Louisiana. 400; International Telephone & Telegrap » A brochure containing a map and [F.B. Doc. 69-10394; Filed, Sept. 2, 1969; Sold (200); Texas Utilities, Sold (100). information about the Breton Wilder 8:45 a.m .] (4) None.
FEDERAL REGISTER. V O L 34, NO. 168— WEDNESDAY, SEPTEMBER 3, 1969 NOTICES 14003
This statement is made as of Au Food and Drug Administration action in the F ederal R egister on Au gust 23, 1969. gust 1, 1969 (34 F.R. 12600), the Atomic NATIONAL AGRICULTURAL CHEM Dated: August 11,1969. Energy Commission (the Commission) ICALS ASSOCIATION INDUSTRY has issued Amendment No. 8 to Facility E. E. W a l l . TASK FORCE ON TOLERANCES FOR License No. R-65 as proposed in that [F.R. Doc. 69-10483; Filed, Sept. 2, 1969; METHANEARSONATE HERBICIDES notice. The amendment authorizes the 8:49 a.m.] U.S. Department of the Army, Army Notice of Filing of Petition for Food Materials and Mechanics Research Cen Additives ter at Watertown, Mass., to (1) increase the steady-state operating power level DEPARTMENT OF HEALTH, EDU Pursuant to the provisions of the Fed of its pool-type nuclear reactor to a max eral Food, Drug, and Cosmetic Act (sec. imum of 5 megawatts (thermal), (2) 409(b)(5), 72 Stat. 1786; 21 U.S.C. 348 increase to 12 kilograms the quantity CATION, AND WELFARE (b) (5)), notice is given that a petition of uranium-235 that may be received, Office of Education (FAP OH2444) has been filed by the possessed, and used in connection with National Agricultural Chemicals Associ ACCREDITING BODIES AND STATE the operation of the reactor, and receive, ation Industry Task Force on Tolerances possess, and use a 5-curie sealed plu AGENCIES RECOGNIZED BY THE for Methanearsonate Herbicides, 1155 tonium-beryllium neutron source, and COMMISSIONER OF EDUCATION 15th Street NW„ Washington, D.C. (3) delete from the license the record AS RELIABLE AUTHORITY FOR THE 20005, proposing a tolerance of 0.7 part keeping and reporting requirements APPROVAL OF NURSE EDUCATION per million for residues of methanear- which have been incorporated in the sonic acid (calculated as elemental ar technical specifications. List senic) in cotton seed hulls from applica tion of disodium and monosodium salts The Commission has found that the Pursuant to the Nurse Training Act, of methanearsonic acid as herbicides to application for amendment to the fa as amended (42 U.S.C. 296(b)), the U.S. the growing crop for which a notice of cility license complies with the require ments of the Atomic Energy Act of 1954, Commissioner of Education hereby pub filing was published in the F ederal as amended, and the Commission’s regu lishes a list of recognized accrediting R egister of February 21, 1969 (34 F.R. bodies, and of State agencies, which he 2518). lations published in 10 CFR, Chapter I. determines to be reliable authority as to The Commission has made the findings the quality of training offered. This list Dated: August 26, 1969. which were set forth in the proposed amendment, and has concluded that the supersedes the list previously promul J. K . K ir k , issuance of the amendment will not be gated by the Commissioner of Education Associate Commissioner for Compliance. inimical to the common defense and on February 28, 1969, 34 F.R. 3639. security or to the health and safety of [FJR. Doc. 69-10435; Filed, Sept. 2, 1969; the public. A copy of the license amend R e g io n a l A c c r e d it in g A ssociations 8:45 a.m.] Commission on Institutions of Higher ment will be available for inspection at Education, Middle States Association of the Commission’s Public Document Colleges and Secondary Schools. Room, 1717 H Street NW., Washington, Commission on Institutions of Higher D.C., or upon request addressed to the Education, New England Association of DEPARTMENT OF Atomic Energy Commission, Washing Colleges and Secondary Schools. ton, D.C. 20545, Attention: Director, Commission on Colleges and Universities, TRANSPORTATION Division of Reactor Licensing. North Central Association of Colleges and Secondary Schools. Office of the Secretary Dated at Bethesda, Md., this 21st day Commission on Higher Schools, Northwest of August 1969. Association of Secondary and Higher ST. LAWRENCE SEAWAY Schools. DEVELOPMENT CORPORATION For the Atomic Energy Commission. Commission on Colleges and Universities, Southern Association of Colleges and Revocation of Notice of Acting D o n a l d J. S k o v h o l t , Schools. Administrator Assistant Director for Reactor Accrediting Commission for Senior Colleges Operations, Division of Reac and Universities, Accrediting Commission The designation, issued on April 2,1969, tor Licensing. for Junior Colleges, Western Association of of the Assistant Administrator, St. Law Schools and Colleges. rence Seaway Development Corporation [F.R. Doc. 69-10478; Filed, Sept. 2, 1969; 8:49 ajn .] N a t io n a l S p e c ia l iz e d A c c r e d it in g to act as Administrator, and to perform A ssociations the duties and exercise the powers of the Administrator, is hereby revoked. [Docket No. 50-243] Board of. Review, National League for Nurs ing, Inc. Issued in Washington, D.C., on Au OREGON STATE UNIVERSITY S t a t e A g e n c ie s gust 26,1969. Board of Regents, University of the State of S ecor D. B r o w n e , Notice of Issuance of Amended New York. Acting Secretary Facility License Montana State Board of Nursing, of Transportation. west Virginia State Board of Examiners for No request for a hearing or petition to Registered Nurses. [F.R. Doc.. 69-10453; Filed, Sept. 2, 1969; intervene having been filed following 8:47 a.m.] publication of the notice of proposed Any other association or State agency action in the F ederal R egister on Au which desires to be included on the list gust 1, 1969 (34 F.R. 12601), the Atomic should request inclusion in writing. Each Energy Commission (the Commission) recognized accrediting body or State ATOMIC ENERGY COMMISSION has issued Amendment No. 2 to Facility agency will be reevaluated pursuant to [Docket No. 50-47] License No. R-106 as proposed in that the appropriate criteria: 34 F.R. 643, ARMY MATERIALS AND MECHANICS notice. The amendment authorizes the Oregon State University at Corvallis, 644, January 16, 1969. RESEARCH CENTER Oreg., to operate its reactor at steady- Dated: August 26, 1969. Notice of Issuance of Amended state power levels up to a maximum of 1,000 kilowatts (thermal). J a m e s E. A l l e n , Jr., Facility License u.s. Commissioner of Education. The Commission has found that the No request for a hearing or petition application for amendment to the facil [PR. Doc. 69-10433; Filed, Sept. 2, 1909; to intervene having been filed following ity license complies with the require 8:45 a.m.] publication of the notice of proposed ments of the Atomic Energy Act of 1954,
No. 168- FEDERAL REGISTER, V O L 34, NO. 168— WEDNESDAY, SEPTEMBER 3, 1969 14004 NOTICES as amended, and the Commission’s reg OFFICE OF ECONOMIC career executive assignment in the ulations published in 10 CFR, Chapter I. OPPORTUNITY excepted service the position of Staff The Commission has made the findings Assistant to the Administrator, Office of which were set forth in the proposed Notice of Grant of Authority To Make the Administrator. amendment, and has concluded that the a Noncareer Executive Assignment U n it e d S tates C i v i l S erv issuance of the amendment will not be Under authority of § 9.20 of Civil Serv ic e C o m m is s io n , inimical to the common defense and [ s e a l ] J a m es C. S p r y , security or to the health and safety of ice Rule IX (5 CFR 9.20), the Civil Serv ice Commission authorizes the Office of Executive Assistant to the public. A copy of the license amend the Commissioners. ment will be available for inspection at Economic Opportunity to fill by non- the Commission’s Public Document career executive assignment in the ex [F.R. Doc. 69-10464; Filed, Sept. 2, 1969; Room, 1717 H Street NW „ Washington, cepted service the position of Chief, 8:47 am .] D.C., or upon request addressed to the Research and Planning Division, Office Atomic Energy Commission, Washing of Public Affairs. ton, D.C. 20545, Attention: Director, Di DEPARTMENT OF AGRICULTURE U n it e d S tates C i v i l S e r v vision of Reactor Licensing. ic e C o m m is s io n , Notice of Revocation of Authority To Dated at Bethesda, Md., this 21st day [ s e a l ] J a m e s C. S p r y , Make Noncareer Executive Assign of August 1969. Executive Assistant to ment For the Atomic Energy Commission. the Commissioners. D o n a l d J. S k o v h o l x , [F.R. Doc. 69-10461; Filed, Sept. 2, 1969; Under authority of § 9.20 of Civil Serv Assistant Director for Reactor 8:47 a.m.] ice Rule IX (5 CFR 9.20), the Civil Serv Operations, Division of Reac ice Commission revokes the authority of tor Licensing. the Department of Agriculture to fill by GENERAL SERVICES noncareer executive assignment the posi [F.R. Doc. 69—10479; Filed, Sept. 2, 1969; 8:49 a.m.] ADMINISTRATION tion of Deputy Assistant Secretary for International Affairs (Foreign Trade). Notice of Grant of Authority To Make This position is removed from the ex CIVIL AERONAUTICS BOARD a Noncareer Executive Assignment cepted service. Under authority of § 9.20 of Civil Serv U n it e d S tates C i v i l S erv [Agreement CAB 20953} ice Rule IX (5 CFR 9.20), the Civil Serv ic e C o m m is s io n , [Docket No. 20929] ice Commission authorizes the General [ s e a l ] J a m e s C. S p r y , ATAR COMPUTER SYSTEM Services Administration to fill by non Executive Assistant career executive assignment in the ex to the Commissioners. Notice of Postponement of Oral cepted service the position of Director of Public Affairs, Office of the Assistant [F.R. Doc. 69-10465; Filed, Sept. 2, 1969; Argument 8:47 a m .] Administrator. By letter dated August 27,1969, counsel for ATAR Computer Systems, Inc., has n it e d tates i v i l erv U S C S DEPARTMENT OF THE NAVY requested that oral argument in the ic e C o m m is s io n , above-entitled matter, presently set for [ s e a l ] J a m e s C . S p r y , Notice of Revocation of Authority To September 3, 1969, be indefinitely post Executive Assistant to poned pending a resolution of a pro the Commissioners. Make Noncareer Executive Assign posed revision. ment [F.R. Doc. 69-10462; Filed, Sept. 2, 1969; Accordingly, the Board has authorized 8:47 a.m.] Under authority of § 9.20 of Civil Serv that the oral argument set for Septem ice Rule IX (5 CFR 9.20), the Civil Serv ber 3, 1969, by ordering paragraph 4 of ice Commission revokes the authority of Order 69-7-74 be postponed until a date DEPARTMENT OF HEALTH, the Department of the Navy to fill by to be hereafter determined. EDUCATION, AND WELFARE noncareer executive assignment in the Dated at Washington, D.C., August 28, excepted service the position of Special 1969. Notice of Grant of Authority To Make Assistant to the Under Secretary of the a Noncareer Executive Assignment Navy (Civilian Personnel Policy). [ s e a l ] _ T h o m a s L. W r e n n , Chief Examiner. Under authority of § 9.20 of Civil U n it e d S ta t es C i v i l S erv [F.R. Doc. 69-10489; Filed, Sept. 2, 1969; Service Rule IX (5 CFR 9.20), the Civil ic e C o m m is s io n , 8:49 a.m.] Service Commission authorizes the De [ s e a l ] J a m e s C. S p r y , partment of Health, Education, and Executive Assistant to Welfare to fill by noncareer executive as the Commissioners. signment in the excepted service the [F.R. Doc. 69-10466; Filed, Sept. 2, 1969; CIVIL SERVICE COMMISSION position of Director, Cuban Refugee 8:48 am .] DEPARTMENT OF DEFENSE Program Staff. U n it e d S tates C i v i l S er v Notice of Grant of Authority To Make OFFICE OF ECONOMIC a Noncareer Executive Assignment ic e C o m m is s io n , J a m e s C. S p r y , OPPORTUNITY Under authority of § 9.20 of Civil Serv Executive Assistant to ice Rule IX (5 CFR 9.20), the Civil Serv the Commissioners. Notice of Title Change in Noncareer ice Commission authorizes the Depart Executive Assignment ment of Defense to fill by noncareer [F.R. Doc. 69-10463; Filed, Sept. 2, 1969; 8:47 am .] executive assignment in the excepted By notice of November 17, 1967, F.R- service the position of Principal Research Doc. 67-13608, the Civil Service Com and Project Officer, OASD (Public mission authorized the departments and VETERANS ADMINISTRATION agencies to fill by noncareer executive Affairs). assignment, certain positions removed U n it e d S tates C i v il S erv Notice of Grant of Authority To Make from Schedule C of Civil Service Bme ic e C o m m i s s i o n , a Noncareer Executive Assignment V I by 5 CFR 213.3301a on November l »> [ s e a l ] Ja m e s C. S p r y , Executive Assistant to Under authority of § 9.20 of Civil 1967. This is notice that the title of one the Commissioners. Service Rule IX (5 CFR 9.20), the Civil such position so authorized to be fine» by noncareer executive assignment has [F.R. Doc. 69-10460; Filed, Sept. 2, 1969; Service Commission authorizes the Vet 8:47 a m .] erans Administration to fill by non been changed from “Assistant Directo
FEDERAL REGISTER, VOL. 34, NO. 168— WEDNESDAY, SEPTEMBER 3, 1969 NOTICES 14005
for Congressional Relations” to “Asso gram Officer (Special Assistant for Ur 3. Comments in response to the Com ciate Director for Congressional and ban Education), GS-1720-15, Office of mission’s third notice of inquiry were Governmental Relations.” the Commissioner, Office of Education, filed by the following: Department of Health, Education, and U n it e d S tates C i v il S erv Association of American Railroads (AAR). Welfare, Washington, D.C. The finding ic e C o m m is s io n , American Petroleum Institute (A PI). Is self-canceling ■when the position is [ seal] J a m es C. S p r y , Land Mobile Communication Section, In filled. dustrial Electronics Division, Electronic Executive Assistant to Industries Association (EIA-LM ). the Commissioners. Assuming other legal requirements are met, an appointee to this position may National Committee for Utilities Radio [F.R. Doc. 69-10467; Plied, Sept. 2, 1969; be paid for the expense of travel and (NCUR). 8:48 a.m.] Association of Maximum Service Telecasters, transportation to first post of duty. Inc. (A M S T I). U n it e d S tates C iv i l S er v Joint Council of Educational Telecommuni OFFICE OF ECONOMIC ic e C o m m is s io n , cations (JCET). National Association of Broadcasters (NAB). J a m es C. S p r y , OPPORTUNITY National Association of Educational Broad Executive Assistant to Notice of Title Change in Noncareer casters (N A E B ). the Commissioners. CBS Television Network Affiliates Associa Executive Assignment [F.R. Doc. 69-10470; Piled, Sept. 2, 1969; tion (CBS). By notice of November 17, 1967, F.R. 8:48 a.m.] Committee on Radio Frequency Require ments for Scientific Research of the Na Doc. 67-13608, the Civil Service Commis tional Academy of Sciences (N A S ). sion authorized the departments and Radio Technical Commission for Marine agencies to fill by noncareer executive Services (R T C M ). assignment, certain positions removed FEDERAL COMMUNICATIONS Aeronautical Radio, Inc., and Air Transporta from Schedule C of Civil Service Rule V I tion Association of America (ARINC/ by 5 CFR 213.3301a on November 17,1967. COMMISSION A T A ). 1 This is notice that the title of one such Aerospace & Plight Test Radio Coordinating [Docket No. 18294; FCC 69-872] Council (AFTRCC). position so authorized to be filled by Satellite Telecommunications Subdivision, noncareer executive assignment has INTERNATIONAL TELECOMMUNI Industrial Electronics Division, Electronic been changed from “ Assistant Director CATION UNION Industries Association (EIA-SAT). for Public Affairs” to “Associate Director Microwave Communications Section, Elec for Public Affairs” . Fifth Notice of Inquiry Relating to tronic Industries Association (E IA ). Preparation for a World Adminis General Electric Co. (G E ). U n it e d S tates C i v il S erv Radio Carp, erf America (R CA). ic e C o m m is s io n , trative Radio Conference Communications Satellite Corp. (COMSAT). [ seal] J am e s C. S p r y , In the matter of an inquiry relating American Telephone & Telegraph Co. (ATT) ! Executive Assistant to to preparation for a World Administra 4. Comments in response to the Com the Commissioners. tive Radio Conference of the Interna mission’s fourth notice of inquiry were [FR. Doc. 69-10468; Piled, Sept. 2, 1969; tional Telecommunication Union on filed by ARINC/ATA, COMSAT, RTCM, 8:48 a.m.] matters pertaining to the radio astron EIA, EIA—SAT, GE, and, for the first omy and space services. time in this proceeding, by Radio Tech 1. The Commission adopted its third nical Commission for Aeronautics U.s. COMMISSION ON CIVIL RIGHTS notice of inquiry in this proceeding on (RTCA). November 14, 1968, calling for responses Notice of Title Change in Noncareer 5. Comments filed in response to the on or before December 18, 1968. On De third and fourth notices are treated col Executive Assignment cember 13, 1968, on its own motion, the lectively in the paragraphs that follow. Commission adopted an order extending By notice of November 17, 1967, F.R. They are discussed on a service-by-serv Doc. 67-13608, the Civil Service Com the comment period to January 17, 1969. ice or subject-by-subject basis, as ap mission authorized the departments and On February 19, 1969, the Commission propriate. Proposals contained in earlier agencies to fill by noncareer executive adopted its fourth notice in this proceed notices have been combined with propos assignment, certain positions removed ing, indicating further developments in als deriving from the discussion para the preparatory work for the World Ad from Schedule C of Civil Service Rule graphs to form the attached preliminary VI by 5 CFR 213.3301a on November 17, ministrative Radio Conference (WARC) views of the U.S.A. which, It is empha 1967. This is notice that the title of one now scheduled to convene June 7, 1971, sized, is a document formulated and con such position so authorized to be filled in Geneva.1 The proposals therein, de curred in jointly by the Commission and by noncareer executive assignment has veloped in continued consultation with the DTM. been changed from “Director, Field Serv the Office of Telecommunications Man D e f in it io n s ices Division” to “Assistant Staff Direc- agement (O TM ), included a number of *°r for the Office of Community suggested changes in the international 6. GE and EIA-SAT have proposed Programming”. Table of Frequency Allocations and in amendments in definitions which, if pertinent parts of the Radio Regula adopted, would have a sweeping effect U n it e d S tates C iv il S er v tions relating thereto. It is the purpose upon the use of the spectrum by the ic e C o m m is s io n , of this fifth notice to deal with com various radio services. GE proposed that [ seal] J am es C. S p r y , ments filed in response to both the third the broadcasting-satellite service, which Executive Assistant to and fourth notices of inquiry; to propose is now defined as a space service, be the Commissioners. additional changes to the Table and to redefined as a broadcasting service and [PR. Doc. 69-10469; Piled, Sept. 2, 1969; related Radio Regulations; and to pre that two new services— rural and com 8:48 a.m.] sent the recommended preliminary views munity broadcasting-satellite services__ of the United States relative to the forth be defined as subservices of the redefined coming Space WARC of the ITU. broadcasting-satellite service. The effect ^CATION PROGRAM OFFICER 2. The preliminary views attached of GE’s first proposal would be to grant SOCIAL ASSISTANT FOR URBAN have been transmitted to the Depart the broadcasting-satellite service auto EDUCATION) ment of State by the Commission and matic access to any frequency band now by the Director of Telecommunications allocated to the broadcasting service, Monpower Shortage; Notice of Listing Management (DTM) with recommenda i.e., the standard AM band, all high fre Under the provisions of 5 U.S.C. 5723, tions that they be distributed abroad to quency broadcasting bands, the FM and TV bands, as well as the band 11.7-12.7 e Civil Service Commission found a other administrations to elicit their re actions and comments. GHz which is now allocated coequally to J * 0Wer shortase on August 6, 1969, the fixed, mobile and broadcasting serv tûe single position of Education Pro 1 Piled as part of the original document. ices on a worldwide basis. GE’s proposals
FEDERAL REGISTER, VOL. 34, NO. 168— WEDNESDAY, SEPTEMBER 3, 1969 14006 NOTICES with respect to “rural” and “ community” interest, and if questions of the type broadcasting in the broadcasting-satel applications relate entirely to a grade of raised in the comments can be resolved. lite service, subject to agreement among service to be rendered rather than to a In the interim, it will provide for the ac administrations concerned and those radio service requiring definition. The commodation of experimental programs having services operating in accordance effect of the proposal by EIA-SAT would in various parts of the world and permit with the table, that may be affected. do for all radio services what GE has ample time In which to examine the 12. Proposals with respect to TV proposed for the broadcasting-satellite several questions posed by the respond broadcasting in the broadcasting-satel service. As an example, the fixed service ents. In any event, before such service lite service within the UHF-TV band could employ space techniques in any could be implemented it would be neces were many and varied. However, it has band allocated internationally to the sary for the implementing administra been concluded that proposals for inclu fixed service, whether it be at 14 kHz or tion to obtain the concurrence of other sion in the preliminary views should not 40 GHz. administrations who are concerned or go beyond those contained in the fourth 7. As can be seen, the definition of affected. notice of inquiry. In reaching this con specific radio services is an important 9. EIA-SAT proposed in response to clusion, proposals were rejected for ex management tool and by a change in the third notice that a separate inquiry clusive bands; for bands made available definition of a service the allocation be instituted with respect to the broad on a secondary basis; for provisional table itself can be changed. During the casting-satellite service. In response to allocations; for agreement only among preparatory work for the Space EARC, the fourth notice, however, EIA-SAT re administrations operating in accordance Geneva, 1963, it was recognized that two tracted its earlier proposal and requested with the table; for agreement among approaches could be taken with respect that inquiry in this proceeding be di administrations whose territories were to the use of space communication tech rected specifically to various aspects of subjected to a power flux density in ex niques. One approach was that now sug the broadcasting-satellite service. How cess of “X ” dbW/m2; and the arguments gested by EIA-SAT wherein any defined ever, this inquiry, as presently consti of ARINC/ATA, supported by RTCA, radio service would be permitted to em tuted offers ample opportunity for all that no proposal in this regard should be ploy space techniques without a change interested parties to make specific pro made until the issues in Docket No. in definition. That approach was con posals with respect to the broadcasting- 18262 are resolved and a report and order sidered and rejected by the United satellite service as well as any other issued. States in its proposals. That approach space service and several have done so. 13. Before discussing these several re was also rejected by the Space EARC in 10. GE made a number of allocation jections, it appears appropriate to sum favor of the second approach, i.e., de proposals for the accommodation of the marize the current state of technology fining space services specifically and broadcasting-satellite service. In ascend with respect to the proposed UHF-TV then allocating specific frequency bands ing frequency order,-the first of these broadcasting in the broadcasting-satel to those services.2 EIA-SAT would con proposed adding a footnote to the high lite service. Some respondents stated trol the use of space techniques in a frequency broadcasting bands below 30 such service is feasible now or will be in negative fashion, by footnoting those fre MHz which would permit the use of such the early future. However, it would not quencies or frequency bands in which bands in the broadcasting-satellite serv be a service as generally rendered today. they would not be employed. Since the ice at times when they are not useable For example, experimental programs in vast majority of frequency bands within for conventional transmission because of perhaps 1975 contemplate a TV signal the allocated spectrum would require propagation conditions, “ * * * subject transmission employing FM rather than such a footnote, no advantage is seen in to compliance with Article 9 of the Radio AM modulation and occupying up to 30 this proposal. The GE and EIA-SAT Regulations”. The applicability of Arti MHz of bandwidth per radio frequency proposals with respect to definitions cle 9 is not readily apparent but, in any channel as compared to the more con have not been adopted. event, the overall proposal is considered ventional 6 MHz of bandwidth. Further, impracticable. This conclusion is borne B roadcasting -S a t e l l it e S ervice the experiment would entail a single out by pertinent CCIR studies as well as channel from the satellite. This signal 8. The third notice of inquiry drew by cost-effectiveness studies within the would not be usable by a conventional comments from AAR, API, EIA-LM , Government agencies concerned. home TV receiver installation, with or NCUR, AMSTI, JCET, NAB, and NAEB 11. Next proposed by GE was the addi without a typical outdoor antenna. First, with respect to Dockets Nos. 18261 and tion of a footnote to the PM broadcasting a more elaborate receiving installation 18262 vis-a-vis the proposed footnote ac band, 88-108 MHz, which would pro would be required for the relatively weak commodation of the broadcasting-satel vide for the use of the band by the broad signal from the satellite and second, a lite service in the frequency band 470- casting-satellite service “ * * * subject modulation converter would be required 806 MHz. All were silent with respect to to agreement among the administrations to make that signal usable in the conven the modified proposal in the fourth no having services operating in accordance tional TV receiver. This matter was ex tice wherein the proposed footnote would with the Table, which may be affected.” amined recently in the UN Committee apply to the frequency band 614-890 Properly qualified, there is merit to this on the Peaceful Uses of Outer Space and MHz. The last four parties mentioned, proposal. Realization of a broadcasting- a report was prepared by a Working however, in response to the third notice satellite service in the PM broadcasting Group on Direct Broadcast Satellites. commented additionally that there were band is expected to be technically feasible That report, contained in Document numerous questions of a policy, techni well in advance of a similar service in A/AC.105/51, dated February 26, 1969, is cal, legal, political, social, or economic the UHF-TV band. Accordingly, logic nature that required resolution before and consistency dictate that footnote ac quoted, in part, below: any accommodation is proposed for the commodation should be provided within * * * Taking the cost of existing unaug broadcasting-satellite service. This argu the FM band along the lines of that in mented receivers as a reference, and assum ment is not found persuasive. The pro the UH F-TV band. However, only that ing maSiS-production of the order of a mil lion or more units, the extra cost per receiv posal in the fourth notice, which essen portion of the band between 88 and 100 ing installation is estimated as being of tne tially is repeated in the attachment MHz approaches worldwide standardiza order of: . hereto, is intended to provide the option tion insofar as allocations are concerned. (a) For direct-to-home television broad of implementing a broadcasting-satel Further, the terms of the footnote pro casting using augmented receivers: $US posed by GE are unacceptable since they $US 270; lite service at some point in the future, limit the necessary agreement to admin (b ) For television broadcasting to com if it should prove to be in the public istrations operating in accordance with munity or collective receiving arrangement . the table, whose services may be affected 2 An exception was made for the aeronauti and thus exclude administrations which Clearly, where reception at a very large nu cal mobile (R ) service since the Interna may be concerned for other reasons. ber of locations is envisioned, the lucre in cost in receiving equipment can amo _ tional Civil Aviation Organization (ICAO) Accordingly, the preliminary views in was available to assist in coordinating and to very large sums; for example, if 10 mi standardizing space technique applications clude a proposed footnote in the band 88- home television receivers were already m ’ In that service. 100 MHz for the accommodation of FM the cost of “augmenting” them for sate
FEDERAL REGISTER, VOL. 34, NO. 168— WEDNESDAY, SEPTEMBER 3, 1969 NOTICES 14007
reception could be from $400 million-$2,700 C o m m u n it y S e r vic e or C o m m u n i t y Included in this consensus was the ac million. G rade o p S er vice 9. The following general conclusions commodation of demand-assignment emerge from this review; all assume that ap 15. The UN Report3 from which para multiple-access (D AM A), low demand propriate frequency allocations will have graphs 9a and 9b were quoted earlier users in remote areas. As a result, pro been made; with regard to any of the sug made reference also to a system for di posals in the preliminary views look to gested operational systems, the importance rect television broadcasting via satellite the additional accommodation of: 1) of further prior experimentation cannot be DAMA systems in the bands 2150-2200 stressed too highly; “ * * * to community or collective re (a) While it is considered that satellite ceivers, i.e., more sensitive receiving ar MHz (space-to-earth) and 2500-2550 technology has reached the stage at which rangements serving a school or a small MHz (earth-to-space) for the commu it is possible to contemplate the future de village * * V * Paragraph 9c reached nication-satellite service sharing co- velopment of satellites capable of direct the following conclusion with respect equally with the fixed and mobile serv broadcasting to the public at large, direct to such community receivers: ices; 2) space-to-earth and earth-to- broadcasting television signals into existing space allocations respectively, in the unaugmented home receivers on an opera (c) Direct broadcast into community re tional basis is not foreseen for the period ceivers could be close at band. Technology bands 6625-7125 MHz and 11.7-12.2 GHz, 1970-85. This reflects the lack of technologi currently under development might allow wherein the communication-satellite cal means to transmit signals of sufficient this in the mid-1970s. Such a system is con service would share coequally with the strength from satellites. sidered to be less expensive to launch than fixed and mobile services in the lower (b) Direct broadcast of television into one intended for reception directly in peo band and with the fixed, mobile and augmented home receivers could become ple’s homes. It will also be easier to establish broadcasting services in the higher band; feasible technologically as soon as 1975. How and less expensive for locations where the ra and 3) coequal sharing at 17.7-19.7 and ever, the cost factors for both the earth and dio noise level is low. space segments of such a system are inhibit 27.8-29.8 GHz between the communica ing factors. For example, the cost to the home 16. Comments in support of such a tion-satellite, fixed and mobile services, owner/consumer who wishes to augment his “community receiver” concept were filed with the direction of transmission un borne receiver (and antenna) while not pre by JCET, RCA, EIA-SAT and GE, gen specified in the communication-satellite cisely measurable at this time, appears to erally in the context of being particularly service. be at least $40 (not including cost of instal significant in serving schools and villages 18. With respect to allocation proposals lation) and may be considerably more ex in underdeveloped areas. Some proposed pensive, depending in part, for example, on for the communication-satellite service, the frequency employed. Many other factors that it be defined as a separate subservice EIA-SAT, in Its responses to both the enter into the cost equation, and in coun of the broadcasting-satellite service on third and fourth notices expressed the tries lacking large numbers of existing con the theory that it would not meet the view that special attention should be ventional television receivers completely broadcasting service criterion of being given to what they choose to term “one different cost figures apply. As to the space “ * * * intended for direct reception by way communications” , such as in the case segment, the development and launching the general public.” Clearly, however, it of the powerful—therefore heavy—trans of the distribution of TV program mate mitters, which are not yet within the state- Is merely a broadcasting-satellite service rial; and requested clarification as to of-the-art, involve considerable expenses, wherein, because of current technical whether this would or would not be eli which cannot be estimated at this time; the limitations, the general public would gible in the communication-satellite development costs might run as high as $100 have to make special effort to take ad service. No. 84AG, the definition of the million. Therefore, it is most unlikely that vantage of the service. In other words, communication-satellite service, clearly this type of system will be ready for deploy it is merely a grade of service rather than encompasses communications of this ment on an operational basis until many a separate radio service and a separate years after the projected date of feasibility. type. It is not clear, however, that the definition is not considered necessary. same definition covers the case of trans 14. The rejections referred to in paraThe international Radio Regulations are missions of program material from earth graph 12 above were based, in large silent with respect to both the grade of to a satellite for retransmission to the measure, upon the uncertainty of the service and the type of modulation em general public from that same satellite overall requirements of the broadcast ployed in rendering a broadcasting serv in a band allocated to the broadcasting ing-satellite service in the light of the ice in frequency bands_ allocated to that satellite service. Two suggestions for above quoted report, during the time service. Therefore, subject to agreement overcoming this deficiency are shown on frame for which the forthcoming Space among the administrations concerned, a page 7 of the preliminary views. Com WARC decisions would continue in force. broadcasting-satellite service relying ments with respect to those suggestions, Additionally, however, exclusive or sec upon “community receivers” to serve the as well as additional alternatives, are ondary status in particular band seg general public could be accommodated invited. ments might well be the terms of agree under the UHF footnote provision in the D ata R e l a y S er vice ment among administrations con band 614-890 MHz, without further cerned-—the proposed footnote accom amendment to the Radio Regulations. 19. RTCM proposed that VHF provi modation does not preclude that sions be included in the radiofrequency Possibility. Further, the “ adminis A d d it io n a l S h a r in g B e t w e e n t h e C o m complement for the development of a trations concerned” may be concerned m u n ic a t io n -S a t e l l it e an d T erres worldwide meteorological and oceano for reasons other than purely allo t r ia l S ervices graphic data buoy system using satellite cation matters and even with respect 17. The concept of increased sharing relay techniques. Comsat proposed a to allocation matters, some administra between the communication-satellite common service for different types of tions—such as the United States— may service and terrestrial services was sup users having a requirement for the ™d it in the public interest to operate ported by many and opposed by none. transfer of data from remote stations to services on a national basis which are a central station. In their view, the not completely in accordance with the potential applications of such a service •fable, in the latter case, flux density 8 The report also concluded it would be de include: Meteorological; hydrological; sirable for administrations to continue their limits acceptable to T V receivers may oceanographic; geophysical; forestry; studies and experimentation with respect to oil and gas and various utilities. To meet Jery well cause disruptive interference direct broadcasting. It concluded further the frequency needs of such a system, to other types of receivers sharing the that, "It is also necessary that the radio- frequency requirements of direct broadcast Comsat recommended a 100 kHz band same frequency band. As to the argu ing from satellites be fully and urgently anywhere in the 137-138 MHz band for ments of the aviation community, they considered by the ITU and that the neces the down-link and a 100 kHz band in the will be considered with other filings in sary provisions be made for this service * * *, if direct broadcasting from satel 400.05-402 MHz band for the up-link; Docket No. 18262 rather than in this lites is to be accommodated on an opera plus a 1 MHz band for the down-link in Proceeding. tional basis.” or near 1540-1560 MHz and a 1 MHz
FEDERAL REGISTER, V O L 34, NO. 168— WEDNESDAY, SEPTEMBER 3, 1969 14008 NOTICES
band for the up-link in or near the 1640- 1540-1660 MHz, RTCM proposed that it In similar vein, RTCA recommended 1660 MHz band. The system suggested by be relocated coeually to the aeronautical modification of IT U footnotes No. 352A Comsat is comparable to those planned mobile (R ), maritime mobile and radio and 352B to include equal allocation for the Geostationary Operational En be reallocated coequally to the aeronau status in the bands concerned for both vironmental Satellite (GOES) and the tical mobile (R), maritime mobile and aeronautical mobile (R ) service and Earth Resources Satellite (ERS) which radio determination services and that the radiodetermination and: were discussed in detail in the fourth associated footnote, No. 352B, be ex * * * that these modifications be devel notice of inquiry. Frequency accommo panded to permit the use of space tech oped within the historic ICAO frame dation has not been made for the spe niques by the maritime mobile service as work * * * cific Comsat proposals in this regard. well as the present aeronautical mobile 25. Presumably again referring to (R ) service, and for radio determination 20. EIA-SAT endorsed the need for ICAO (International Civil Aviation Or improved allocations for wide band data purposes as well as for the present com ganization), RTCA recommended: in such services as the meteorological munication purposes. Since that foot note is applicable also to the frequency * * * that the determination of mode of satellite, the earth resources satellite emission and spectrum utilization within the and data relay satellites. It then stated, bands 5000-5250 MHz and 15.4-15.7 GHz, Jhe same expansion of services and per frequency bands allocated to the aeronau “* * * We are not able to tell if the tical services be controlled by the appro proposals relate to experiments for these missible uses would ensue in those bands. priate authorities, and any restrictions to services, or for an operational service. I f ARINC/ATA opposed inclusion of radio the implementation of such techniques be operational, the allocations proposed determination in the band 117.975-136 removed from the present regulations. MHz until and unless its feasibility was appear grossly inadequate to allow full 26. The quoted comments in para attainment of the potential of these determined by tests. ARINC/AT A op posed granting access to other radio graphs 24 and 25 above demonstrate a services. According to information avail basic misunderstanding with respect to able to us, some 500 MHz of bandwidth services in bands currently allocated for aeronautical purposes, requested that the relative jurisdictions of the ITU and is projected; the optimum frequency the ICAO. The proposals set forth in the appears to be from 5-7 GHz, with fre 1540-1660 MHz usage be expanded only to include radio determination by the preliminary views, dealing solely with quencies up to about 12 GHz being nearly recommended changes to the Interna as good.” The source of the EIA-SAT aeronautical mobile (R ) service, and re quested that provisions for the use of tional Radio Regulations, in our view, are ' estimates is not known. However, since totally within the purview of the ITU. the bandwidths of the systems to which 5000-5250 MHz and 15.4-15.7 GHz be left unchanged. ARINC/ATA also invited 27. ARINC/ATA and Comsat requested EIA-SAT directed its attention are those clarification of the position taken by the recommended by the agencies having attention to their outstanding petition before the Commission (RM-1201) for a Commission in its third notice with re primary responsibility for their design spect to the frequency band 117.975-136 rule change to accommodate airborne and operation, no changes are proposed MHz, wherein it proposed no change with for their accommodation. collision avoidance systems in the band 1540-1660 MHz, and voiced the opinion respect to the allocation table or to the associated footnotes. The RTCA filing in U se o f S pace T e c h n iq u e s b y t h e A ero that any proposal prior to the resolution n a u t ic a l an d M a r it im e M o b il e S erv response to the fourth notice echoed the of RM-1201 would be premature. ARINC/ATA comments on this point. As ic e s 23. RTCA, filing for the first time in pointed out in their comments, the avia this proceeding, in response to the fourth 21. There was general support for the tion industry has been planning for some notice essentially echoed comments filed concept of using space techniques in the time to use this band with space tech aeronautical mobile and maritime mo by ARINC/ATA. Its comments with re niques and have contemplated the bile services for communications and/or spect to the band 117.975-136 MHz are launching of a satellite to that end in radio determination purposes in the self-contradictory, however. On the one 1970. That planning was undertaken on VHF, UHF, and higher bands. There was hand they endorsed fully the comments the strength of No. 273A, a footnote ap sharp disagreement on the manner in of ARINC/ATA in response to the third notice, wherein ARINC/ATA stated that plied to the band by the Space EARC, which these functions should be accom Geneva, 1963, which permits the use of modated. RTCM, RCA, and Comsat gen proposals to include position determina space communication techniques. Fur erally favored a sharing of bands by the tion functions should not be formulated ther, that planning was well advanced aeronautical and maritime services to until testing and evaluation to determine prior to the time that suggestions were enhance the possibility of joint systems the feasibility and desirability of ac made for the convening of the forth while at the same time providing for the commodating such functions in the band coming Space WARC. The third notice possibility of separate systems. ARINC/ have been made. RTCA’s Recommenda proposed no change in No. 273A. The con tion 2 iterates this view by stating: A TA and RTCA, on the other hand were sensus of comments filed with respect to strongly opposed to the “ * * * deroga ‘‘Maintain the current allocation to the this band indicates that it would be un tion of any band currently allocated to Aeronautical Mobile (R ) Services in the desirable to modify the footnote to in an aeronautical service in order to bands 117.975 to 132 MHz and 132 to 136 clude provisions for radiodetermination accommodate another generic radio MHz” . On the other hand, in the attach functions unless and until it has been service * * *.” ment to their comments, entitled ‘‘Pro demonstrated by tests that such accom 22. RTCM, in responding to both the posed Changes to the International modation is both feasible and desirable. third and fourth notices proposed that Radio Regulations,” it is proposed that Footnote No. 273A unchanged is consid .the aeronautical band 117.975-136 MHz the footnote currently applicable to the ered sufficiently broad to permit the oper be paired with the maritime band 156- band be replaced by one stating: “ * * * ations thus far planned for the 162 MHz for use by both aeronautical the use and development of systems us aeronautical service. It should be noted ing space communication and/or space and maritime interests for communica that the fourth notice also contained no radio determination techniques is au tion and/or radio determination pur proposal to modify No. 237A and poses, using space techniques. Addition thorized for this service * * *” ARINC/ATA and Comsat comments 24. Additionally, with respect to the ally, in its response to the fourth notice, made no reference to that absence. It » bands discussed above and the possible RTCM proposed the pairing of 156-162 assumed that if the tests referred to shared use of other bands now allocated and 170-174 MHz for the same purpose, above are conducted and prove success for various aeronautical purposes, RTCA with primary rights for maritime users ful, that comments responsive to this o expressed the opinion: and secondary rights for aeronautical subsequent notices will raise the issu users. RCA urged that 156-162 MHz be * * * that any consideration of aeronau again. made available for space techniques even tical UHF band frequency apportionment 28. The arguments set forth by if only on a secondary basis. Comsat too and/or suballocation would best be accom were persuasive to the degree that it plished within the framework of the ICAO proposed in the preliminary views tna supported the use of VHF or low UHF and that the ITU should continue to look to for maritime use because of foreseen ICAO for deliberation and resolution of ques 156.4-157.4 MHz be used for upwaro antenna problems at higher frequen tions and solicit international agreement on transmissions and 173-174 MHz be u®eo cies. With respect to the frequency band such apportionment and/or suballocation. for downward transmissions by static
FEDERAL REGISTER, VOL. 34, NO. 168— WEDNESDAY, SEPTEMBER 3, 1969 NOTICES 14009 in the maritime mobile service when em been learned informally that comments adopted by the Space EARC, 1963, by ploying space techniques, subject to will be filed in response to this or a sub deleting one of the two frequency bands agreement among administrations con sequent notice with respect to the longer wherein this particular sharing arrange cerned and/or affected. A limit on the term goals of the service. The proposals ment is now authorized. power flux density at the surface of the for radio astronomy as set forth in the earth from the satellite-borne stations fourth notice have been repeated in the C o m p e t e n c e o f t h e S pace WARC is contemplated to preclude interference preliminary views. 35. JCET suggested that since the U.S. to conventional terrestrial systems in the instructional television fixed service at S h a r in g , C r iter ia and A rrangements band 173-174 MHz. Proposals to grant 2.5 GHz has attracted the attention of secondary rights to the maritime mobile 32. A number of those filing comments other countries, it might be appropriate service in the frequency band 117.975-136 pointed out the necessity of examining to discuss it at the WARC in the hope of MHz and to grant them equal rights in closely the sharing criteria recommended gaining international recognition and the frequency bands covered by modified by the CCIR for use in bands between status. Similarly, RTCA commenting in footnote No. 352B were not adopted. 1. and 10 GHz for coequal sharing be support of ARINC/ATA proposals in The accommodation at 156.4-157.4/173- tween the communication-satellite serv Docket No. 18262 for the allocation of 22 174 MHz and in the range 1535-1660 MHz ice and terrestrial fixed and mobile MHz of spectrum space between 806 and would appear sufficient to meet the needs services, to test the validity of applying 890 MHz for the aeronautical mobile of the maritime mobile service in this those same criteria in other bands and service, recommended recognition, both regard. between other services. A need was ex nationally and internationally, of this 29. As noted in paragraph 21 above,pressed also for sharing criteria between need. NAS, in response to the third notice, ARINC/ATA and RTCA were strongly space systems of like and unlike charac urged that more stringent technical opposed to the “ * * * derogation of any ter and between systems using different standards be imposed upon terrestrial band currently allocated to an aeronau orbital configurations. These and other services in bands adjacent to radio tical service in order to accommodate an matters are presently being examined astronomy bands to afford a higher de other generic radio service * * *.** If in the appropriate CCIR Study Groups gree of protection at observatories'from sweeping unsupported objections such as and the results of their studies will be out-of-band radiations. All three have these were permitted to prevail, and all taken into account as the preparatory suggested actions which, because of its services voiced similar objections, the work progresses for the Space WARC. limited agenda, the WARC will not be table of frequency allocations would be a 33. Sharing in another form has been competent to treat. Accordingly, propos static description of services to which the suggested by Comsat. They proposed that als on these points will not be found in radio spectrum had been allocated ini 3700-4200 MHz be used additionally for the preliminary views. tially, rather than the dynamic structure upward transmission and 5925-6425 MHz it must be to meet the changing needs be used additionally for downward trans F o r m a t io n o f G o v e r n m e n t /In d u s t r y of all services. Inasmuch as no technical mission. (The current rules provide for P repar ato r y G r o u p s justification can be found for such a po use in each band in the reverse direction . 36. GE, Comsat, EIA, AFTRCC, sition it has been rejected as a basis only.) In this way the same bands could ARINC/ATA, and E IA -S A T 4 have each upon which to formulate allocation be used in different directions with dif expressed concern with the decision to judgments. Proposals in the fourth no ferent satellites, resulting in increased postpone establishment of joint Govern tice with respect to the frequency band utilization of the spectrum while at the ment/Industry committees to assist in 1535-1660 MHz, which are repeated in same time essentially doubling the num the preparatory work for the WARC. In the preliminary views, were tailored to ber of usable slots on the geostationary response to these comments, the Commis accommodate the airborne collision orbit. This proposal was but one of sev sion and the OTM continue to hold the avoidance system referred to by ARINC/ eral whereby additional spectrum space view that the most effective manner in ATA (RM-1201), which is now the sub could be made available for the com which to do the initial preparatory work ject of rule making in Docket No. 18550. munication-satellite service. It has the for an Administrative Radio Conference disadvantage of precluding the colocation R adio A s t r o n o m y devoted largely to frequency allocation of earth stations using the bands in op matters is by following the course taken 30. This subject was treated extensiveposite directions and would result in the in this instance. It is their responsibility ly in the fourth notice of inquiry on the establishment of a number of additional to weigh as objectively as possible the basis of the NAS response to the third protected areas in the heavily used 4 stated* requirements of the several serv notice. Opposition to allocation proposals and 6 GHz bands from which common ices within their respective jurisdictions for the radio astronomy service was carrier terrestrial systems would neces making demands upon the spectrum, to voiced only by ARINC/ATA and RTCA. sarily be excluded to prevent mutual ensure an equitable accommodation of all This opposition was directed to the pro harmful interference. Therefore, while services. After an intial determination as posal to reallocate the frequency band not foreclosing the possible future recon to frequency allocation changes which 21,980-22,000 kHz to the radio astronomy sideration of this proposal, an alterna would meet our national needs, and after service on the grounds that this would tive proposal to derive an equivalent receiving, through the cooperation of the derogate an existing aeronautical band amount of spectrum space for the com Department of State, the reactions of lor the accommodation of another ge munication-satellite service is set forth other administrations to those prelimi neric radio service and that there had in the preliminary views, i.e., 6625-7125 nary proposals, the Commission and the been no prior coordination with the aero MHz for space-to-earth transmissions OTM would welcome the establishment nautical community by the Commission, and 11.7-12.2 GHz for earth-to-space by the Department of State of an appro it should be noted, however, that the transmissions, sharing coequally in each priate Government/Industry group band in question has been allocated to instance with the services to which those within which national positions would be he aeronautical mobile and aeronautical bands are currently allocated. further developed on the various issues ??ed ?ervi?es on a worldwide basis since 34. EIA-SAT commented that, “ * * * to be treated by the WARC. p ‘ it is totally devoid of non in the band 7300-7750 MHz the Com government assignments in either serv- mission, for the first time, proposes in 37. This notice is issued pursuant to 9oenn^Urther’ the overall band 21,850- ternational allocations involving sharing section 403 of the Communications Act t“’uO0 kHz from which this radio between two application satellite services. of 1934, as amended. Interested parties astronomy band would be derived, is While we find nothing wrong with this in responding to this inquiry shall furnish hv .."fto'ly used throughout the world principle, we caution that tins has not comments on or before September 30, y either service. The preliminary views been properly studied, and that adequate 99^ e,’ therefore, that the band 21,980- 1969, and reply comments on or before th’000 kHz be allocated exclusively to sharing criteria may well involve more October 15, 1969. All comments directed r®^° astronomy service on a world- than flux density limits * * It should to the fifth notice of inquiry and/or the wide basis. be noted that the proposal to which EIA- SAT directed its comments was merely thoH did n°t respond formally to 4 CBS expressed similar views in “Further lourth notice of inquiry but it has to modify an existing footnote, No. 392P, Comments” filed May 1,1969.
FEDERAL REGISTER, VOL. 34, NO. 168— WEDNESDAY, SEPTEMBER 3, 1969 14010 NOTICES preliminary views as well as any addi viding an opportunity for interested per any such, previously authorized notes tional pertinent information available sons to submit comments and views with (Holding Company Act Release No. 15917 will be taken into account as the pre respect to the proposal. A copy of the (Dec. 15, 1967)) which may be outstand paratory work progresses. application was forwarded to the U.S. ing after AEP applies the proceeds of its recent sale of common stock in payment 38. In accordance with § 1.419 of the Department of Justice for its considera thereof (Holding Company Act Release Commission’s rules and regulations, an tion. Time for filing comments and views No. 16452 (Aug. 18,1969)). original and 14 copies of all comments has expired and all those received have filed shall be furnished the Commission. been considered by the Board. The proceeds from - the sale of the I t is hereby ordered, For the reasons short-term notes, including the commer Adopted: August 13, 1969. set forth in the Statement of Governors cial paper, are to be applied by AEP, Released: August 27,1969. Robertson, Brimmer, and Sherrill1 and together with other funds, to make addi the Concurring Statement of Governor tional investments in certain of its F ederal C ommunications Maisel,1 both of this date, that said ap public-utility subsidiary companies to C o m m is s io n ,6 plication be and hereby is denied. assist them in financing the costs of their [ s e a l] B e n F . W a p l e , respective construction programs and for Secretary. Dated at Washington, D.C., this 26th day of August 1969. other corporate purposes. AEP requests [F.R. Doc. 69-10474; Filed, Sept. 2, 1969; authority to make capital contributions 8:48 a.m.] By order of the Board of Governors.2 from time to time prior to June 30, 1971, [ s e a l ] R o bert P . F o r r estal, to three of its public-utility subsidiary Assistant Secretary. companies, namely, Ohio Power Co. (“Ohio” ), Appalachian Power Co. (“Ap [F.R. Doc. 69-10432; Filed, Sept. 2, 1969; palachian” ), and Indiana & Michigan FEDERAL RESERVE SYSTEM 8:45 a.m.] Electric Co. (“I&M”), aggregating $55 FIRST EMPIRE STATE CORP. million to Ohio, $40 million to Appa Order Disapproving Action To Become lachian, and $55 million to I&M. The SECURITIES AND EXCHANGE construction programs of the three sub Bank Holding Company sidiary companies for the period Octo In the matter of the application of COMMISSION ber 1, 1969, through June 30, 1971, are First Empire State Corp., Buffalo, N.Y., estimated as follows: $207 million for [70-4779] for approval of action to become a bank Ohio, $246 million for Appalachian, and holding company through the acquisition AMERICAN ELECTRIC POWER CO., $256 million for I&M. of voting shares of four banks in the INC. The notes to be sold to banks, in an State of New York. aggregate face amount of $110 million There has come before the Board of Notice of Proposed Issue and Sale of less the face amount of outstanding com Governors, pursuant to section 3(a) (1) Notes to Banks and to Dealer in mercial paper notes described below, will of the Bank Holding Company Act of Commercial Paper by Holding Com bear interest at the prime commercial 1956 (12 U.S.C. 1842(a)(1)) and § 222.3 pany, Exemption From Competitive rate then in effect, will mature not more than 270 days from the date of issue or (a) of Federal Reserve Regulation Y (12 Bidding, and Capital Contributions CFR 222.3(a)), an application by First reissue thereof, and will be prepayable Empire State Corp., Buffalo, N.Y., for to Subsidiary Companies at any time without premium. AEP will the Board’s prior approval of action A u g u s t 25,1969. file with the Commission by amendment a list of the banks to which it proposes whereby Applicant would become a bank Notice is hereby given that American holding company through the acquisi to issue and sell the proposed notes, and Electric Power Co., Inc. (“AEP”), no such notes will be issued and sold tion of all of the outstanding voting 2 Broadway, New York, N.Y. 10004, shares (less directors’ qualifying shares prior to the issuance of a supplemental a registered holding company, has order by the Commission in connection of the two national banks) of the follow filed an application-declaration and an therewith. ing four banks located in the State of amendment thereto with this Commis New York: Manufacturers and Traders sion pursuant to the Public ytility Hold A E P also proposes to issue and sell, Trust Co., Buffalo; First Trust & Deposit ing Company Act of 1935 (“Act” ) , desig from time to time prior to June 30,1971, Co., Syracuse; a new national bank into nating sections 6(b) and 12 of the Act commercial paper in the form of short which would be merged National Com and Rule 50 promulgated thereunder as term promissory notes to an investment mercial Bank and Trust Co., Albany; and applicable to the proposed transactions. banker and dealer in commercial paper a new . national bank into which would All interested persons are referred to the (“ dealer” ), up to $110 million, face be merged First National Bank in application-declaration, which is sum amount to be outstanding at any one Yonkers, Yonkers. marized below, for a complete statement time. The commercial paper notes will As required by section 3 (b) of the Act, of the proposed transactions. be of varying maturities with no such the Board gave written notice of receipt AEP requests, pursuant to section 6(b) notes maturing more than 270 days after of the application to the Comptroller of the Act, that it be authorized to issue the date of issue, and none will be pre of the Currency and the New York and sell, from time to time prior to payable prior to maturity. Such notes, in Superintendent of Banks, and requested June 30, 1971, short-term notes (includ denominations of not less than $50,000 their views and recommendations there-, ing commercial paper) in an aggregate and not more than $5 million, will be on. The Comptroller recommended ap face amount of not more than $110 issued and sold by A E P directly to the proval of the application, and the New million to be outstanding at any one time. dealer at a discount rate which will not York State Banking Board advised the The amount of bank notes and commer be in excess of the discount rate per an num prevailing at the date of issuance Board of its action, consistent with a cial paper to be outstanding includes recommendation made to it by the for commercial paper of comparable quality and maturity. No commercial Superintendent, approving an applica 1 Both Statements filed as part of the tion, filed pursuant to the New York original document. Copies available upon re paper notes will be issued having a matu Banking Law, with respect to the same quest to the Board of Governors of the Fed rity of more than 90 days if such com transaction. eral Reserve System, Washington, D.C. 20551, mercial paper notes would have an Notice of receipt of the application was or the Federal Reserve Bank of New York. effective interest cost which exceeds the published in the F ederal R e g ister on Dissenting statement of Chairman Martin effective interest cost at which A E P could December 28, 1968 (33 F.R. 19967), pro- and Governors Mitchell and Daane also filed borrow from banks. The dealer will re as part of the original document and avail offer the commercial paper notes to not able upon request. more than 100 of such dealer’s cus 6 Concurring statement of Commissioner * Voting for this action: Governors tomers, identified and designated in » Robertson, Maisel, Brimmer, and Sherrill. Robert E. Lee and dissenting statement of nonpublic list prepared by the dealer i Commissioner Nicholas Johnson filed as part Voting against this action: Chairman Martin of the original document. and Governors Mitchell and Daane. advance, at a discount rate of one-eightn
FEDERAL REGISTER, VOL. 34, NO. 168— WEDNESDAY, SEPTEMBER 3, 1969 NOTICES 14011
of 1 percent per annum less than the For the Commission (pursuant to dele Brier & Co., Inc., and Daniel S. Brier, discount rate to AEP. It is expected that gated authority). Stuart Ackerman, Brand, Grumet & such customers of the dealer will hold Seigel, Inc., Joel S. Nadel, and members the commercial paper notes to maturity, [ s e a l ] O rval L . D u B o is , Secretary. of their respective families, and other but, if any such customer wishes to re persons closely related to the Issuer, in sell such commercial paper prior to [F.R. Doc. 69-10439; Filed, Sept. 2, 1969; cluding Nathan H. Cohen, Julius B. Lev maturity, the dealer, pursuant to a verbal 8:45 ajn .] itt, Bernard W. Sollod, Norman Sollod, repurchase, agreement, will repurchase Daniel Cohen, George Lax, David Grove, such commercial paper sold by it and [File No. 24W-2868] Thelma Cohen, and members of their reoffer it to other customers on the list. respective families acted as undisclosed AEP will retire its short-term notes COMPUTER COUNSELING, INC. underwriters by offering and selling the payable to banks and its commercial Order Temporarily Suspending Ex Issuer’s securities at prices exceeding the paper notes on or before December 31, stated offering price; 1971, from internal cash resources and emption, Statement of Reasons 3. By reason of the underwriting ac the sale of common stock, pursuant to a Therefor, and Notice of Oppor tivities described in paragraph 2 above, future declaration to be filed. tunity for Hearing the aggregate amount of securities offered to the public exceeded the $300,- AEP requests an exception from the A u g u s t 27, 1969. 000 limitation as prescribed by Rule 254 competitive bidding requirements of Rule I. Computer Counseling, Inc. (Issuer) 50 for the proposed issue and sale of its of Regulation A; 30 South Calvert Street, Baltimore, Md., 4. The Issuer failed to disclose in the commercial paper. AEP states that it is incorporated in the State of Maryland not practical to invite competitive bids notification and offering circular Nathan on June 18, 1968, filed with the Commis H. Cohen’s beneficial ownership of ap for commercial paper and that current sion on July 15, 1968, a notification on rates for commercial paper for such proximately 20 percent of Issuer’s stock Form 1-A and an offering circular relat held of record and escrowed by Ronald prime borrowers as AEP are published ing to an offering of 100,000 shares of daily in financial publications. H. Goodman pursuant to Rule 253(c) (2 ); its $0.12 par value common stock at $2 The application-declaration states that 5. The Issuer failed to furnish an of per share'for an aggregate offering price fering circular as required by Ride 256 only nominal fees and expenses are to of $200,000 for the purpose of obtaining be paid or incurred by AEP. It is further of Regulation A, to purchasers of shares an exemption from the registration re of the Issuer’s common stock sold by un stated that the capital contributions of quirements of the Securities Act of 1933, AEP to Appalachian require authoriza derwriters as described in paragraphs 1 as amended, pursuant to the provisions and 2 herein; tion by the State Corporation Commis of section 3(b) thereof and Regulation sion of Virginia and the Public Service 6. The Issuer failed to disclose in the A promulgated thereunder. This offering notification and offering circular all of Commission of West Virginia, such became effective on August 23, 1968. authorizations to be filed by amend its promoters and counsel; and n . The Commission has reasonable 7. The Issuer’s Form 2-A report, as re ment, and that no other State commis cause to believe that: quired by Rule 263 of Regulation A, false sion and no Federal commission, other A. The terms and conditions of Regu than this Commission, has jurisdiction ly sets forth the date on which the offer lation A have not been compiled with in ing was completed. over the proposed transactions. that: B. The notification and offering cir Notice is further given that any inter 1. The Issuer failed to disclose in the ested person may, not later than Sep cular of Computer Counseling, Inc., con notification and offering ‘circular the tain untrue statements of material facts tember 12,1969, request in writing that a plan of distribution for the offering, in and omit to state material facts necessary nearing be held in respect of such mat cluding the direct and indirect participa in order to make the statements made, in ter, stating the nature of his interest, tion in the distribution as underwriters the light of the circumstances under the reasons for such request, and the by certain broker-dealers, their partners, which they were made, not misleading, issues of fact or law raised by said ap officers and employees, including, Herz- particularly with respect to the matters plication-declaration which he desires to feld & Stern, a partnership, partners controvert; or he may request that he be alleged in subparagraphs 1, 2, 4, and 6 Paul A. Cohen, Irving D. Karpas, Jr., of section n A of this order. notified should the Commission order a Morris Lamer, John B. Ryan, Stanley C. The offering was made in violation hearing thereon. Any such request should Levy, C. William Smith, Marshall M. ce addressed: Secretary, Securities and of sections 5 and 17 of the Securities Act Weinberg, Alan N. Brenits, Steven A. of 1933, as amended. Exchange Commission, Washington, D.C. Seiden, Kurt Burger, Alan J. Fried III. It appearing to the Commission 20549. A copy of such request should be man, and employees Michael Rothen- served personally or by mail (airmail if that it is in the public interest and for berg and Earl Bronsteen; A. P. Mont the protection of investors that the ex Jr® Person being served is located more gomery & Co., Inc., Gorden L. Davis, tnan 500 miles from the point of mailing) emption of the Issuer under Regulation president, Richard Friedman, vice pres A be temporarily suspended, aK^n aPPlioarit-declarant at the ident and Anthony Cassino, an em Mfflt®*,stated address, and proof of serv- I t is ordered, Pursuant to Rule 261(a) ployee; Daniel S. Brier & Co., Inc., of the general rules and regulations un (by affidavit or, in case of an attorney and Daniel S. Brier, president, Stuart m ! at law, by certificate) should be filed with der the Securities Act of 1933, as amend Ackerman; Brand, Grumet & Seigel, Inc., ed, that the exemption under Regula thf ret*1??sk At any time after said date, and Joel S. Nadel, formerly a vice presi e application-declaration, as amended tion A be and hereby is, temporarily dent and other persons closely related suspended. wasrt may be further amended, may be to the Issuer, including Nathan H. I t is further ordered, Pursuant to Rule granted and permitted to become effec- Cohen, Julius B. Levitt, Bernard W. miL85 pT°v^ed in Rule 23 of the general Sollod, Norman Sollod, Daniel Cohen, 7 of the Commission’s rules of practice, that the Issuer file an answer to the al regulati°ns promulgated under George Lax, David Grove, Thelma Cohen,’ legations contained in this order within or the Commission may grant and members of their respective families; 30 days of the entry thereof. in t>* v on ^rom suoh rules as provided 2. Certain broker-dealers, their part Notice is hereby given that any per 20(a) and 100 thereof or take ners, officers and employees including other action as it may deem ap- son having any interest in the matter Herzfeld & Stem, Irving D. Karpas, Jr., may file with the Secretary of the Com o r T i ■ ' Persons who request a hearing John B. Ryan, Stanley Levy, C. William to. whether a hearing is mission a written request for a hearing Smith, Marshall M. Weinberg, Alan N. within 30 days after the entry of this or v e w ? re°eive notice of further de- Brenits, Alan J. Friedman, Michael Roth- daWrfe£.ts ¿o this matter, including the der; that within 20 days after receipt of enberg, Earl Bronsteen, A. P. Montgom such request the Commission will, or at Dostovw.*’*16 hearing (if ordered) and any ery & Co., Inc., Gordon L. Davis, Richard Postponements thereof. any time upon its own motion may, set Friedman, Anthony Cassino, Daniel S. the matter down for hearing at a place
No. 168— -7 FEDERAL REGISTER, VOL. 34, NO. 168— WEDNESDAY, SEPTEMBER 3, 1969 14012 NOTICES to be designated by the Commission for all of the latter’s assets are available to to a variable annuity contract in each the purpose of determining whether this meet the obligations under the contracts. calendar year. In addition, any partici order of suspension should be vacated or Applicants request exemption from the pant under any other group annuity con made permanent, without prejudice, following provisions of the Act to th e. tract (fixed or variable), issued by CG however, to the consideration and pres extent stated below: Life and not providing tax-deferred entation of additional matters at the Section 12(d) (1) of the Act provides, treatment under either section 401 or hearing; and that notice of the time and in pertinent part, that it shall be unlaw section 403(b) of the Internal Revenue place for said hearing will be promptly ful for any registered investment com Code of 1954, may transfer without sales given by the Commission. If no hearing pany to purchase any security issued by charge to a group variable annuity con is requested and none is ordered by the any other investment company if such tract participating in the Account. Commission, the order shall become per registered investment company will, as a Applicants state that in all cases where manent on the 30th day after its entry result of that purchase, own more than 3 such a transfer is permitted, a sales and shall remain in effect unless it is percent of the outstanding voting secu charge will have been paid that is not modified or vacated by the Commission. rities of the other investment company. less than the sales charge with respect to a like amount paid in under the group By the Commission. Section 12(d) (1) (B) of the Act provides, in substance, that such 3 percent restric variable annuity contract. [ s e a l ] O rval L. D u B o is , tion is not applicable with respect to Contracts participating in the Ac Secretary. securities purchased with the proceeds of count may provide that the beneficiary [P.R. Doc. 69-10440; Piled, Sept. 2, 1969; payment on periodic payment plan cer of a deceased person for whom an accu 8:45 a.m.] _ tificates issued pursuant to the terms of mulation account was maintained may a trust indenture. elect to have the account value applied The securities Pf the Account may .be to effect a variable annuity for the bene [File No. 812-2557] deemed to be periodic payment plan cer ficiary in lieu of payment in a single CONNECTICUT GENERAL LIFE IN tificates but purchases of Fund shares sum, unless the decedent has provided will be pursuant to terms of an agreement otherwise. Applicants state that the im SURANCE CO. AND CG VARIABLE of custodianship rather than a trust in position of a sales charge would tend, in ANNUITY ACCOUNT II denture. The custodianship arrange practice, to eliminate such option. Ap Notice of Application for Exemption ments and the Connecticut law and regu plicants request an exemption from sec tion 22(d) to the extent necessary to From the Provisions of the Invest lations applicable to CG Life and the Account will afford the essential protec permit exercise of such variable annuity ment Company Act of 1940 tions which section 26(a) of the Act was option without an additional sales A u g u s t 27,1969. designed to provide. The purchase of charge. Section 27(a) (4) of the Act prohibits Notice is hereby given that Connecticut Fund shares for the Account will be made the sale of any periodic payment plan General Life Insurance Co. (“CG Life” ) in substantially the same manner as a certificate issued by a registered invest and CG Variable Annuity Account II purchase would be made if the assets of ment company if the first payment (“Account”) (hereinafter collectively the Account were held pursuant to the terms of a trust indenture. thereon is less than $20 or if any sub called “Applicants” ) have filed an appli sequent payment is less than $10. In cation pursuant to section 6(c) of the Section 22(d) of the Act provides, in order to avoid inconvenience and addi Investment Company Act of 1940, 15 pertinent part, that no registered invest tional expense in administering indi U.S.C. section 80a-l et seq. (“Act” ) for ment company or principal underwriter vidual and group contracts, Applicants an order exempting Applicants from thereof shall sell any redeemable security request exemption from the provisions of the provisions of sections 12(d) (1), 22(d), to the public except at a current offering section 27(a)(4) so that the first pay 26(a)(2), 26(a)(3), 27(a)(4), and 27(c) price described in the prospectus. ment may be in an amount under $20 but (2) of the Act. The Account, a unit in Applicants request exemption from the provisions of section 22(d) to permit not less than $10. vestment trust, registered under the Act Sections 26(a)(2), 26(a)(3), and 27 on February 28, 1969. All interested per the group variable annuity contracts to contain a provision for experience rating (c) (2) of the Act, as here pertinent, pro sons are referred to the application on file vide in substance that a unit investment with the Commission for a statement of credits. CG Life will annually determine its experience with respect to sales and trust or a depositor or underwriter for the representations contained therein such an investment company is pro which are summarized below. administrative expenses allocable to each group contract to determine whether hibited from selling periodic payment CG Life has established the Account in amounts deducted have exceeded the plan certificates unless the proceeds of order to offer individual variable annuity actual costs for the prior year. On thjs all payments, other than the sales load, contracts and group variable annuity basis of such determination, CG Life, in are deposited with a qualified bank as contracts designed for use in connection its discretion, may allocate all, a portion trustee or custodian and held under an with retirement annuity plans adopted or none of such excess as an experience agreement of custodianship. The agree by employers not qualifying for tax- rating credit. Any excess so allocated will ment must provide (i) that the custodian deferred treatment under section 401 of be applied in one of the following ways: bank shall have possession of all prop the Internal Revenue Code of 1954, as (a) By a reduction in the amount erty of the unit investment trust and amended. deducted under the contract from sub shall segregate and hold the same in CG Life is a stock life insurance com sequent payments or (b) by crediting trust, (ii) that the custodian bank shall pany chartered by the State of Connec without deduction for sales charges a not resign until either the unit invest ticut. The Account was established by number of additional accumulation units ment trust has been liquidated or a suc CG Life’s board of directors pursuant to or annuity units, as applicable, equal in cessor appointed, (iii) that the custodial the laws of Connecticut. Under such laws, value to the amount of the credits due may collect from the income and, u the assets maintained by the Account less any applicable premium taxes. No necessary, from the corpus of the unit may not be charged with any liabilities additional deduction will be made if the investment trust fees for services per arising out of any other business con amounts deducted fail to cover CG Life’s formed and reimbursement of expenses ducted by CG Life, and the income, gains, sales and administration costs. incurred, and (iv) that no payment to or losses of the Account may be credited In connection with the offer of a group the depositor or principal underwriter to or charged against the assets of the variable annuity contract, CG Life pro shall be allowed the custodian bank.8* Account without regard to the other in poses to offer a group fixed payment an an expense except a fee, not exceeding come, gains, or losses of CG Life. Assets nuity contract. Applicants request ex such reasonable amount as the Commis of the Account will be held by Hartford emption from section 22(d) to the extent sion may prescribe, for performing book National Bank and Trust Co. pursuant necessary to permit transfers of accu keeping and other administrative serv- to an agreement of custodianship. All mulated values between such contracts ices delegated to the custodian. obligations under the contracts are gen without sales charges, not to exceed one Applicants request exemption from eral corporate obligations of CG Life and transfer by each participant from a fixed the provisions of sections 26(a )(2)*
FEDERAL REGISTER, VOL. 34, NO. 168— WEDNESDAY, SEPTEMBER 3, 1969 NOTICES 14013
(a)(3), and 27(c)(2) because the cus unless an order for hearing upon said ap common stock at Cryenco’s expense in todianship agreement, which in all other plication shall be issued upon request or an agreement entered into in Novem respects meets the requirements of those upon the Commission’s own motion. Per ber 1962 in connection with applicant’s sections, does not provide that the as sons who request a hearing, or advice as initial investment in Cryenco. Most of sets of the Account will be held in trust. to whether a hearing is ordered, will re the other selling shareholders also have Applicants state that in all dealings with ceive notice of further developments in the right to call upon Cryenco to register persons having rights under contracts this matter, including the date of the their shares at Cryenco’s expense. Ap issued by the Account, CG Life will oper hearing (if ordered) and any postpone plicant does not intend to participate in ate as a regulated insurance company ments thereof. the proposed public offering unless the subject to the extensive authority and order requested herein is received prior jurisdiction of the Connecticut Commis For the Commission (pursuant to dele gated authority). to the effective date of the offering. sioner of Insurance. Applicants state Rule 17d-l, adopted under section that such authority and jurisdiction af [SEAL] ORVAL L. DUBOIS, 17(d) of the Act, provides, inter alia, ford the essential protections against the Secretary. that no affiliated person of any regis orphanage of the Account which the [F.R. Doc. 69-10441; Filed, Sept. 2, 1969; tered investment company, and no affili trusteeship under section 26(a) and 27 8:45 a.m.] ated person of such affiliated person, (c) (2) is designed to provide. „ shall, acting as principal, participate in, Applicants have consented to the re or effect any transaction in connection quested exemption being subject to the [812-2573] with, any joint enterprise or other joint following conditions: (1) That the E. I. DU PONT DE NEMOURS AND CO. arrangement in which such registered charges under the contracts for adminis company, or a company controlled by trative services shall not exceed such Notice of Filing of Application for such registered company, is a participant, reasonable amounts as the Commission Order Authorizing Proposed Trans unless an application regarding such shall prescribe, jurisdiction being re action joint enterprise or arrangement has been served for such purpose, and (2) that the A ugust 27,1969. filed with the Commission and has been payment of sums and charges out of the Notice is hereby given that E. I. du granted by order, and that in passing upon such application the Commission assets of the Account shall not be deemed Pont de Nemours and Co. (“ applicant” ) to be exempted from regulation by the Wilmington, Del. 19898, a Delaware cor will consider whether the participation Commission by reason of the requested poration, has filed an application pur of the registered or controlled company order: Provided, That Applicants’ con suant to section 17(d) of the Investment in the joint enterprise or arrangement sent to this condition shall not be deemed Company Act of 1940 (“Act”) and Rule on the basis proposed is consistent with to be a concession to the Commission of 17d-l thereunder for an order granting the provisions, policies and purposes of authority to regulate the payments of said application pursuant to "Rule 17d-l the Act and the extent to which such sums and charges out of such assets other with respect to the sale of shares of participation is on a basis different from than charges for administrative serv common stock of Cryogenic Engineering or less advantageous than that of other participants. ices, and Applicants reserve the right in Co. ( “ Cryenco” ), a Colorado corpora any proceeding before the Commission tion, by Cryenco and by applicant as part Notice is further given that any in or in any suit or action in any court to of a proposed public offering of Cryenco terested person may, not later than Sep assert that the Commission has no au common stock. All interested persons are tember 11, 1969, at 5:30 p.m., submit to thority to regulate the payment of such referred to the application on file with the Commission in writing a request for other sums or charges. the Commission for a full statement of a hearing on the matter accompanied b y' Section 6(c) of the Act authorizes the the representations therein, which are a statement as to the nature of his in Commission to exempt any person, se summarized below. terest, the reason for such request and curity or transaction from any provi Christiana Securities Co. (“ Christi the issues of fact or law proposed to be sion of the Act or of any rule or regula ana” ), a registered closed-end invest controverted, or he may request that he tion thereunder if and to the extent that ment company, owns approximately 29 be notified if the Commission shall or such exemption is necessary or appro percent of the outstanding common der a hearing thereon. Any such com priate in the public interest and con stock of applicant and applicant, in munication should be addressed: Secre sistent with the protection of investors turn, owns 110,252 shares, or approxi tary, Securities and Exchange Commis and the purposes fairly intended by the mately 18 percent, of Cryenco’s outstand sion, Washington, D.C. 20549. A copy of Policy and provisions of the Act. ing common stock. Under sections 2(a) such request shall be served personally or Notice is further given that any inter (3) and 2(a) (9) of the Act, applicant is by mail (airmail if the person being ested person may, not later than Sep- an affiliate of, and is presumed to be served is located more than 500 miles 17, 1969, at 5:30 p.m., submit to controlled by, Christiana and Cryenco from the point of mailing) upon appli the Commission in writing a request for is an affiliated person of applicant. cant at the address set forth above. Proof a hearing on the matter accompanied by Cryenco has filed a registration state of such service (by affidavit or in case of a statement as to the nature of his in- ment with the Commission under the an attorney at law by certificate) shall erest, the reason for such request and Securities Act of 1933 with respect to a be filed contemporaneously with the re lssues of fact or law proposed to be proposed public offering of 221,000 shares quest. At any time after said date, as h* °r he may request that he of Cryenco common stock, of which provided by Rule 0-5 of the rules and e notified if the Commission shall order 99,748 shares are proposed to be offered regulations promulgated under the Act, tin«aï.lng hereon. Any such communiea- by Cryenco, 55,252 shares by applicant, an order disposing of the application emn*- 0uld he addressed: Secretary, Se and 66,000 shares by other shareholders herein may be issued by the Commission tt,,, J??8 and Exchange Commission, o f- Cryenco. Applicant and the other upon the basis of the information stated j-p^hihgton, D.C. 20549. A copy of such selling shareholders will pay underwrit in said application, unless an order for «quest shall be served personally or by ing commissions of 8 % percent based on hearing upon said application shall be is is irw, (aiI?nah if the person being served the offering price to the public. The sued upon request or upon the Commis i m®re than 500 miles from the managing underwriter has given Cryenco sion’s own motion. Persons who request a aririra» IîlaihnS ) upon Applicants at the the choice of paying the same sy2 per hearing, or advice as to whether a hear icp stated above. Proof of such serv- cent commission or paying a commission ing is ordered, will receive notice of fur at w uffidavit or in case of an attorney of 6V2 percent and issuing to the man ther developments in this matter, includ ing the date of the hearing (if desired) tpmîÜ by certiflcate) shall be filed con- aging underwriter certain warrants for and any postponements thereof. tiniP ap+neou?ly with the request. At any the purchase of Cryenco common stock. FEDERAL REGISTER, VOL. 34, NO. 168— WEDNESDAY, SEPTEMBER 3, 1969 14014 NOTICES FEDERAL OIL CO. Street, Honolulu, Hawaii 96813, an elec Hilo will be a subsidiary company of tric utility company and an exempt hold Heco. No fractional shares of the com Order Suspending Trading ing company, has filed an applica mon stock of Heco will be issued, and the tion-declaration with this Commission, common stockholders of Hilo entitled to A ugust 27» 1969. pursuant to sections 9(a) and 10 of the less than a whole share will be paid in It appearing to the Securities and Ex Public Utility Holding Company Act of cash for any fractional shares. change Commission that the summary 1935 (“Act” ), regarding the proposed Neither Heco and Maui serving respec suspension of trading in the common offer by Heco to exchange its shares of tively, Oahu and Maui, which are sepa stock and all other securities of Federal common stock for the outstanding com rated by approximately 36 miles, nor Oil Co. being traded otherwise than on a mon stock of Hilo Electric Light Co. Maui and Hilo serving, respectively, Maui national securities exchange is required (“Hilo” ), a nonassociate electric utility and the Island of Hawaii, which are in the public interest and for the protec company. All interested persons are re separated by approximately 30 miles, are tion of investors; ferred to the application-declaration, physically interconnected. The applica I t is ordered, Pursuant to section 15 which is summarized below, for a tion-declaration represents that tech FEDERAL REGISTER, VOL. 34, NO. 168— WEDNESDAY, SEPTEMBER 3, 1969 NOTICES 14015 1. Whether the proposed acquisition PACIFIC FIDELITY CORP. in the Fund’s prospectus. Applicants pro by Heco of the outstanding shares of pose that the Fund sell its shares at net common stock of Hilo meets the stand Order Suspending Trading asset value without sales charges to per ards of section 10 of the Act, and partic A ugust 27, 1969. sons in the following categories: ularly the requirements of sections 10 Cb) It appearing to the Securities and Ex 1. Permanent employees, present and and 10(c) ; change Commission that the summary retired, of the Travelers companies with 2. What terms or conditions, if any, suspension of trading in the common more than 1 year’s service who are over the Commission’s order should contain; stock of Pacific Fidelity Corp. and all age 21, and all present and retired officers 3. Whether the accounting entries to other securities of Pacific Fidelity Corp. and directors of the Travelers companies be made in connection with the proposed being traded otherwise than on a na and of the Fund; transactions are proper and in accord tional securities exchange is required in 2. Contract sales representatives of with sound accounting principles; the public interest and for the protection the Travelers companies; 4. Whether the fees, commissions and of investors; 3. Full-time employees of such repre other expenses to be incurred are for I t is ordered, Pursuant to section sentatives who have served as such for necessary services and reasonable in 15(c) (5) of the Securities Exchange Act more than 1 year and are over 21 ; amount; and of 1934, that trading in such securities 4. Any trust, pension, profit sharing, otherwise than on a national securities deferred compensation, stock purchase, 5. Generally, whether the proposed and savings or any other benefit plan transactions are in all respects com exchange be summarily suspended, this order to be effective for the period Au for such persons; and patible with the provisions and standards 5. The Travelers Corp., its subsidiaries of the applicable sections of the Act and gust 28, 1969, through September 6, 1969, both dates inclusive. and affiliates. of the rules and regulations promulgated Applicants state that shares sold to thereunder. By the Commission. any of the persons described in categories It is further ordered, That particular O rval L. DuBois, 1 through 3 above would be registered attention be directed at said hearing to Secretary. only in the individual’s name, in the indi the foregoing matters and questions. vidual’s name as joint tenant with his It is further ordered, That any person, [F.R. Doc. 69-10446; Filed, Sept. 2, 1969; spouse, and in a custodianship under the other than applicant-declarant, desiring 8:46 a.m.] Uniform Gifts to Minors Act for the in to be heard in connection with this pro dividual’s minor children. All sales will ceeding or proposing to intervene therein [812-2485] be made on the written assurance that shall file with the Secretary of the Com the purchases were made for investment mission, on or before September 12, 1969, TRAVELERS EQUITIES FUND, INC. purposes and that the shares would not a written request relative thereto as pro AND TRAVELERS EQUITIES SALES, be resold except upon repurchase or re vided in Rule 9 of the Commission’s rules INC. demption by the Fund. Further, the Fund of practice. A copy of such request should intends to identify all shares issued in be served personally or by mail (airmail Notice of Application for Exemption connection with the above sales and pro if the person being served is located more A ugust 25, 1969. hibit any transfer of such shares except than 500 miles from the point of mailing) Notice is hereby given that The by way of repurchase or redemption by upon the applicant-declarant at the Travelers Equities Fund, Inc. (“Fund” ), the Fund or in the event of the death above-stated address, and proof of service and Travelers Equities Sales, Inc., One of the owner. The executor, adminis (by affidavit or, in case of an attorney at Tower Square, Hartford, Conn., the prin trator, legatee, or beneficiary of a de law, by certificate) should be filed with cipal underwriter for shares of the Fund ceased owner would be permitted to hold the request. Persons filing an application (“Distributor” ) (hereinafter collectively such shares, subject to the same restric to participate or be heard will receive Applicants), have filed an application tions on their sale or transfer. notice of any adjournment of the hear pursuant to section 6(c) of the Invest Applicants assert that the requested ing as well as other actions of the Cdm- ment Company Act of 1940, 15 U.S.C. exemption to permit sales of Fund udssion involving the subject matter of section 80a-l et seq. (“Act” ) , for an order shares at no-load to the classes of per these proceedings. exempting Applicants from the provi sons described above would not be in ft is further ordered, That jurisdiction sions of section 22(d) of the Act. The consistent with the purposes underlying be. and it hereby is, reserved to separate, Fund is an open-end diversified manage section 22(d) of the Act. In addition, the m whole or in part, either for hearing or ment investment company registered application states that customary selling for disposition, any issues or questions under the Act. The Distributor is a expenses would not be incurred by the which may arise in these proceedings and wholly owned subsidiary of The Travelers Fund or the Distributor in connection to take such other action as may appear Corp., a Connecticut stock insurance with these sales. conducive to an orderly, prompt, and company. The sales representatives of the Section 6 (c) of the Act authorizes the economical disposition of the matters Distributor are in most cases also in Commission by order, upon application, involved. surance agents of The Travelers In to exempt, conditionally or uncondition It is further ordered, That the Secre surance Co., whose parent is The Travel ally, any transaction from any provisions tary of the Commission shall give notice ers Corp. All interested persons are re of the Act or of any rule or regulation of the aforesaid hearing by mailing ferred to the application on file with the thereunder, if and to the extent that the copies of this notice and order by certified Commission for a statement of the repre Commission finds that such exemption is mail to Heco, Hilo, the Public Utilities sentations contained therein which are necessary or appropriate in the public ommission of Hawaii, the Federal Power summarized below. interest and consistent with the protec commission, and the U.S. Department of Section 22(d) provides, in relevant tion of investors and the purposes fairly ustice, and that notice to all other in part, that an open-end investment com intended by the policy and provisions of terested persons shall be given by a gen- pany is prohibited from selling a redeem the Act. Notice is further given that any inter niiKi-re*®ase the Commission and by able security issued by it to any person publication of this notice and order in except at a current offering price de ested person may, not later than Sep he Federal R egister. scribed in the prospectus. This section tember 10, 1969, at 5:30 p.m„ submit to has been construed as prohibiting varia the Commission in writing a request for By the Commission. tions is sales load except on a uniform a hearing on the matter accompanied by a statement as to the nature of his inter ^SEAL^ O rval L. D uB ois, basis. est, the reason for such request and the Secretary. The offering price of shares of the issues, if any, of fact or law proposed to fp R. Doc. 69-10445; Filed, Sept. 2, 1969; Fund is currently the net asset value per be controverted, or he may request that 8:46 a.m.] share plus a sales charge, as described he be notified if the Commission shall FEDERAL REGISTER, VOL. 34, NO. 168— WEDNESDAY, SEPTEMBER 3, 1969 14016 NOTICES order a hearing thereon. Any such com were applicable at the time of shipment M o to r C arriers o f P r o p e r t y munication should be addressed: Secre on the shipments as originally routed. No. MC 20916 (Sub-No. 6 T A ), filed tary, Securities and Exchange Commis (d) In executing the directions of the August 22, 1969. Applicant: JOHN T. sion, Washington, D.C. 20549. A copy of Commission and of such Agent provided SISK, 813 South Main Street, Culpeper, such request shall be served personally for in this order, the common carriers Va. 22701. Applicant’s representative: or by mail (airmail if the persons being involved shall proceed even though no C. F. Germelman, Post Office Box 81, served are located more than 500 miles contracts, agreements, or arrangements Winchester, Va. 22601. Authority sought from the point of mailing) upon Appli now exist between them with reference to operate as a common carrier, by motor cants at the address stated above. Proof to the divisions of the rates of transpor vehicle, over irregular routes, transport of such service by affidavit (or in tation applicable to said traffic; divisions ing: Wood chips and sawdust in bulk, case of an attorney at law by certificate) shall be, during the time this order re from Mine Run, Va., and points within a mains in force, those voluntarily agreed shall be filed contemporaneously with 30-mile radius thereof, to Spring Grove, upon by and between said carriers; or the request. At any time after said date, Pa., for 150 days. Supporting shipper: upon failure of the carriers to so agree, as provided by Rule 0-5 of the rules and Goodwin Brothers, Mine Run, Va. 22568. said divisions shall be those hereafter regulations promulgated under the Act, Send protests to: Robert D. Caldwell, an order disposing of the application fixed by the Commission in accordance District Supervisor, Interstate Com with pertinent authority conferred upon herein may be issued upon the basis of merce Commission, Bureau of Opera the information stated in said applica it by the Interstate Commerce Act. tion, unless an order for hearing upon (e) Effective date. This order shall be tions, 12th and Constitution Avenue NW-, Room 2210, Washington, D C. 20423. said application shall be issued upon re come effective at 12:01 p.m., August 27, No. MC 30837 (Sub-No. 378 TA) ,J31ed quest or upon the Commission’s own mo 1969. August 22, 1969. Applicant: KENOSHA tion. Persons who request a hearing, or (f) Expiration date. This order shall AUTO TRANSPORT CORPORATION, advice as to whether a hearing is ordered, expire at 11:59 p.m., September 12, 1969, 4200 39th Avenue, Kenosha, Wis. 53140. will receive notice of further develop unless otherwise modified, changed, or ments in the matter, including the date suspended. Applicant’s representative: Albert P. of the hearing (if ordered) and any post- I t is further ordered, That this order Barber (same address as above). Author . ponements thereof. shall be served upon the Association of ity sought to operate as a common car rier, by motor vehicle, over irregular For the Commission (pursuant to dele American Railroads, Car Service Divi sion, as agent of all railroads subscrib routes, transporting: Snowmobiles and gated authority). ing to the car service and per diem snowmobile parts, from Fond du Lac, Wis., to Seattle, Wash.; Grand Rapids, [ s e a l ] O rval L. D u B o is , agreement under the terms of that agree Secretary. ment; and that it be filed with the Di Mich.; Auburn, Mass.; Denver, Colo.; rector, Office of the Federal Register. East Brunswick, N.J.; and those points [F.R. Doc. 69-10447; Filed, Sept. 2, 1969; located on the United States-Canadian 8 :46 a.m.] Issued at Washington, D.C., August 27, border in Washington, Minnesota, Mich 1969. igan, and New York; and also between I n ter state C o m m e r c e Fond du Lac, Wis.; Seattle, Wash.; C o m m is s io n , Grand Rapids, Mich.; Denver, Colo.; Au INTERSTATE COMMERCE R . D . P f a h l e r , burn, Mass.; and East Brunswick, N.J., Agent. for 180 days. Supporting shipper: Kiek- COMMISSION {F.R. Doc. 69-10485; Filed, Sept. 2, 1969; haefer Mercury, Division of Brunswick IS.O. 994; ICC Order No. 36] 8:49 a.m.] Corp., Fond du Lac, Wis. 54935 (E. John Marcoe). Send protests to: District LOUISVILLE AND NASHVILLE Supervisor Lyle D. Heifer, Interstate [Notice 897] RAILROAD CO. Commerce Commission, Bureau of Oper Rerouting Traffic MOTOR CARRIER TEMPORARY ations, 135 West Wells Street, Room 807, AUTHORITY APPLICATIONS Milwaukee, Wis. 53203. In the opinion of R. D. Pfahler, agent, No. MC 48213 (Sub-No. 30 TA), filed the Louisville and Nashville Railroad Co. A u g u s t 28,1969. August 21, 1969. Applicant: C. E. LIZZA, is unable to transport traffic over its The following are notices of filing of INC., Post Office Box 447, Rural Delivery line between Nashville and Crossville, applications for temporary authority No. 6, Lincoln Highway West, Green- Tenn., account bridge damage at Mile under section 210a(a) of the Interstate burg, Pa. 15601. Applicant’s representa post No. 9 east of Nashville, Tenn. Commerce Act provided for under the tive: Henry Wick, Jr., 2310 Grant I t is ordered, That: new rules of Ex Parte No. MC-67 Building, Pittsburgh, Pa. 15219. Author (a) The Louisville and Nashville Rail (49 CFR Part 1131) published in the ity sought to operate as a contract road Co. being unable to transport traf F ederal R e g ister , issue of April 27, carrier, by motor vehicle, over irregular fic over its line between Nashville and 1965, effective July 1, 1965. These rules routes, transporting: Classes A and B Crossville, Tenn., account bridge dam provide that protests to the grant explosives, blasting agents, and supplies age at Milepost No. 9, east of Nashville, ing of an application must be filed and equipment incidental thereto, from Tenn., the Louisville and Nashville Rail with the field official named in the F ed the plantsite or other facilities of Her road Co. and the Southern Railway Co. eral R eg ister publication, within 15 cules, Inc., at or near Carthage, Mo., are hereby authorized to reroute or di calendar days after the date of notice of McAdory, Ala., and Kenvil, N.J., to vert such traffic over any available route the filing of the application is published points in Alabama, Arkansas, Arizona, to expedite the movement. Billing cover in the F ederal R e g ist e r . One copy of Colorado, Connecticut, Delaware, Flor ing all such cars rerouted shall carry a such protests must be served on the ap ida, Georgia, Illinois, Indiana, Iowa, reference to this order as authority for plicant, or its authorized representative, Kansas, Kentucky, Louisiana, Maine, rerouting. if any, and the protests must certify that Maryland, Massachusetts, Michigan, (b) Notification to shippers. Each car such service has been made. The pro Minnesota, Mississippi, Missouri, Mon rier rerouting cars in accordance with tests must be specific as to the service tana, Nebraska, New Hampshire, New this order shall notify each shipper at which such protestant can and will offer, Jersey, New York, North Carolina, Nortn the time each car is rerouted or diverted and must consist of a signed original and Dakota, Ohio, Oklahoma, Rhole Island’ and shall furnish to such shipper the six copies. South Carolina, South Dakota, Tennes new routing provided under this order. A copy of the application is on file, and see, Texas, Utah, Vermont,- Virginia, (c) Inasmuch as the diversion or re can be examined at the Office of the Sec West Virginia, Wisconsin, and Wyoming’ routing of traffic by said Agent is deemed retary, Interstate Commerce Commis for 150 days. Supporting shipper: Arnett' to be due to carrier’s disability, the rates sion, Washington, D.C., and also in field can Cyanamid Co., Wayne, N.J. 074 FEDERAL REGISTER, VOL. 34, NO. 168— WEDNESDAY, SEPTEMBER 3, 1969 NOTICES 14017 Interstate Commerce Commission, 2109 ERS, INC., Calliope and Delta Streets, [Notice 402] Federal Building, 1000 Liberty Avenue, Box 1503 Chamlette, La. 70043, New Pittsburgh, Fa. 15222. Orleans, La. 70130. Applicant’s repre MOTOR CARRIER TRANSFER No. MC 116628 (Sub-No. 12 T A ), filed sentative: E. A. Winter, 235 Rosewood PROCEEDINGS August 22, 1969. Applicant: SUBUR Drive, Metairie, La. 70005. Authority A u g u s t 26, 1969. BAN TRANSFER SERVICE, INC., Post sought to operate as a common carrier, Synopses of orders entered pursuant to Office Box 168, Rutherford, N.J. 07070. by motor vehicle, over irregular routes, section 212(b) of the Interstate Com Applicant's representative: Richard I. transporting: Ships spare parts, supplies, merce Act, and rules and regulations Brown (same address as above). Author equipment and machinery, in bond, loose prescribed thereunder (49 CFR Part ity sought to operate as a contract car or in packages, from New Orleans, La., 1132), appear below: rier, by motor vehicle, over irregular to Shipside at Burnside, Gramercy, Port As provided in the Commission’s spe routes, transporting: Such merchandise, Allen, and St. Rose, La., for 180 days. as is dealt in by retail department stores, cial rules of practice any interested per Supporting shippers: Hansen & Tide- son may file a petition seeking packaging materials for such merchan mann, Inc., 442 Canal Street, New Orle dise, and materials and supplies used in reconsideration of the following num ans, La. 70130; Amerind Shipping Corp., bered proceedings within 20 days from the operation of such stores, between 442 Canal Street, New Orleans, La. 70130; New York, N.Y.; Hackensack, West the date of publication of this notice. Ayers Steamship Co., Inc., 1803 Inter Pursuant to section 17(8) of the Inter Orange, New Brunswick, Trenton, N.J.; national Trade Mart, New Orleans, La. and Upper Darby, Pa.; for 150 days. state Commerce Act, the filing of such a 70130; Dalton Steamship Corp., 2300 petition will postpone the effective date Supporting shipper: Arnold Constable, International Trade Mart, New Orleans, Fifth Avenue at 40th Street, New York, of the order in that proceeding pending La. 70130; Ormet Corp., Burnside, La. its disposition. The matters relied upon N.Y. 10016. Send protests to: District 70786; Ore Shipping Co., Box 5 Burn- Supervisor Joel Morrows, Bureau of by petitioners must be specified in their side, La. 70738; International Maritime petitions with particularity. Operations, Interstate Commerce Com Agency, Inc., New Orleans, La. 70130. mission, 970 Broad Street, Newark, N.J. No. MC-FC-71337. By order of Au Send protests to: W. R. Atkins, District gust 19, 1969, the Motor Carrier Board 07102. Supervisor, Interstate Commerce Com No.MC 119777 (Sub-No. 160 T A ), filed approved the transfer to Agee Motor mission, Bureau of Operations, 4009 Fed Freight, Inc., Chicago, HI., of certificate August 22, 1969. Applicant: LIGON eral Building, New Orleans, La. 70113. SPECIALIZED HAULER, INC., Post O f No. MC-82091 issued June 8, 1966, to No. MC 133967 TA, filed August 21, Kelly Motor Freight, Inc., Drexel Hill, fice Drawer L, Madisonville, Ky. 42431. 1969. Applicant: JOHN R. McCORMICK, Applicant’s representative: William G. Pa., authorizing the transportation of doing business as McCORMICK TRUCK floor covering, and materials, supplies, Thomas (same address as above)'. ING, Route 1, Catawba, Wis. 54515. Authority sought to operate as a common and equipment, used or useful in the in Authority sought to operate as a con stallation of floor covering, from Phila carrier, by motor vehicle, over irregular tract carrier, by motor vehicle, over ir routes, transporting: Pallets, skids, and delphia, Pa:, to Camden, Harrison, and regular routes, transporting: Lumber, Kearny, N.J., New York, N.Y., Wilming lumber (except hardwood flooring and plastics, cabinets, plywood, particle Plywood), from Harriman, Tenn., to ton, Del., and Baltimore, Md., and gen board, glue, hardware, hardboard, car eral commodities, with* the usual Points in Indiana, Kentucky, and Ohio, toning, materials, fabrics, cabinet parts for 180 days. Supporting shipper: J. L. exceptions, between points in Philadel and supplies, damaged goods, and ma phia, Pa. Paul J. Maton, Suite 1149, 10 Yankie, Yankie Lumber Co., Mangroves chinery, from Ladysmith, Wis., to points Road, Harriman, Tenn. 37748. Send pro South La Salle Street, Chicago, HI. in Illinois, Indiana, South Dakota, North 60603, attorney for applicants. tests to: Wayne L. Merilatt, District Dakota, Missouri, Kansas, West Virginia, Supervisor, Interstate Commerce Com No. MC-FC-71528. By order of Au Pennsylvania, Kentucky, Ohio, Michigan, gust 19, 1969, the Motor Carrier Board p to n . Bureau of Operations, 426 Post Iowa, Minnesota, Nebraska, Oklahoma, Office Building, Louisville, Ky. 40202. approved the transfer to V. & V. Truck Arkansas, Tennessee, and Colorado; and ing Corp., Brooklyn, N.Y., of permit No. No. MC 133934 (Sub-No. 1 T A ), filed from the above states to Ladysmith, Wis., MC-96574 issued September 17, 1954, to August 19, 1969. Applicant: V. A. HILLS, for 180 days. Supporting shipper: Mica T. E. V. Corp., Brooklyn, N.Y., authoriz ooing business as HILLS CONSTRUC Wood Corp., Box 126, Ladysmith, Wis. ing the transportation of brick and hol TION COMPANY, Mankato, Kans. 66956. 54848. Send protests to: Barney L. low tile between points in New Jersey, Applicant’s representative: Clyde N. Hardin, District Supervisor, Interstate New York, and Connecticut within 50 Christey, 641 Harrison Street, Topeka, Commerce Commission, Bureau of Op miles of Brooklyn, N.Y., restricted to Kans. 66603. Authority sought to operate erations, 444 West Main Street, Room 11, shipments having a prior or subsequent “S a common carrier, by motor vehicle, Madison, Wis. 53703. movement by rail, and between Brooklyn, over irregular routes, transporting: No. MC 133969 TA, filed August 22, N.Y., on the one hand, and, on the other, Meats, meat products, and meat byprod- 1969. Applicant: LANE TRANSFER CO., specified points in New Jersey, New York, “Ots and articles distributed by meat INC., Brandy Station, Va. 22714. Appli and Connecticut. Morton E. Kiel, 140 Packinghouses, as defined in sections A, cant's representative: L. C. Major, Jr., Cedar Street, New York, N.Y. 10006, . and C of appendix I, Description in 421 King Street, Alexandria, Va. 22314. representative for applicants. Jiotor Carrier Certificates, 61 M.C.C. 209 Authority sought to operate as a common No. MC-FC-71564. By order of Au ana 766, from the plantsite and/or stor- carrier, by motor vehicle, over irregular gust 19, 1969, the Motor Carrier Board se facilities of Downs Packing, Inc., at routes, transporting: Wood chips, and approved the transfer to Franklin Ex fa D°wns, Kans., to the TOFC sawdust, from points in Culpeper and press, Inc., Franklin, Ky.; of certificate ?f Chicago, Rock Island and Stafford Counties, Va., to Spring Grove, in No. MC-123189, issued November 6, cine Railroad Co., at or near Mankato, Pa., for 180 days. Supporting shipper: 1961, to David T. Coots, doing business ^ans.; restricted to trafific having a sub- K & M Lumber Co., Inc., Star Route, Box as Franklin Express, Franklin, Ky.; au J H ™ . rai.1 movement, for 150 days, 4, Lignum, Va. 22726. Send protests to: thorizing the transportation of: General th « o "P pRcant does not intend to tack Robert D. Caldwell, District Supervisor, commodities, with certain exceptions, aiifh«U-Tority here aPPlied for to other Interstate Commerce Commission, Bu between Nashville, Tenn.; and junction Pa!£°nty’ SuPP°rting shipper: Downs U. S. Highway 31W and Kentucky High racKing, Inc., Highway 24 West, Post reau of Operations, 12th and Constitu tion Avenue NW„ Room 2210, Washing way 242, near Rich Pond, Ky.; serving mce Box 187, Downs, Kans. 67437. Send all intermediate points in Kentucky. ton, D.C. 20423. Protests to: Thomas P. O’Hara, District Robert M. Pearce, Post Office Box E, Pervisor, Interstate Commerce Com- By the Commission. Bowling Green, Ky. 42101, attorney for applicants. erni to -’ Bureau ° f Operations, 234 Fed- [ s e a l ] A n d r e w A n t h o n y , Jr., [ s e a l ] A n d r e w A n t h o n y , Jr., 81 Building, Topeka, Kans. 66603. Acting Secretary. Acting Secretary. l9fiQ0 AMC 133964 T A * filed August 20, [F R . Doc. 69-10486; Filed, Sept. 2, 1969; 8- Applicant: W ATERFRONT HAUL [F.R. Doc. 69-10404; Filed, Aug. 29, 1969; 8:49 ajn .] 8:47 a.m.] FEDERAL REGISTER, VOL. 34, NO. 168— WEDNESDAY, SEPTEMBER 3, 1969 14018 NOTICES [Notice 403A] [Notice 403] materials, between Allentown, Pa., on the one hand, and, on the other, all points MOTOR CARRIER TRANSFER MOTOR CARRIER TRANSFER in Connecticut, Massachusetts, Rhode Is PROCEEDINGS land, New Jersey, Delaware, and Mary PROCEEDINGS land, and specified points in New York, A u g u s t 27, 1969. A u g u s t 27, 1969. West Virginia, and Virginia. Synopses of orders entered pursuant to No. MC-FC-71558. By order of Au Application filed for temporary au section 212(b) of the Interstate Com gust 21, 1969, the Motor Carrier thority under section 210(a) (b) in con merce Act, and rules and regulations Board approved the transfer to Ernest B. nection with transfer application under prescribed thereunder (49 CFR Part Joseph, William P. Joseph, and Joe section 212(b) and Transfer rules, 49 1132), appear below: Ellis Joseph, a partnership doing CFR Part 1132: As provided in the Commission’s spe business as A. Joseph & Co., Jack- cial rules of practice any interested per son, Miss., of the certificates in Nos. No. MC—FC-71602. By application filed son may file a petition seeking reconsid MC-117872, MC-117872 (Sub-No. 1), August 25, 1969, KAY’S TRUCKING, eration of the following numbered pro MC-117872 (Sub-No. 4), and MC-117872 INC., No. 38 Sisson Avenue, Hartford, ceedings within 20 days from the date of (Sub-No. 5) issued November 14, 1960, publication of this notice. Pursuant to Conn., seeks temporary authority to lease May 18, 1962, September 2, 1964, and the operating rights of INTERNAL section 17(8) of the Interstate Com October 14, 1965, respectively to Wm. P. merce Act, the filing of such a petition Joseph, Ernest B. Joseph, and Bessie T. REVENUE SERVICE (SUCCESSOR IN will postpone the effective date of the Joseph, a partnership, doing business INTEREST TO GEORGE H. SMED- order in that proceeding pending its dis as A. Joseph & Co., Jackson, Miss., au LEY, INC.), 551 Stanley Street, New position. The matters relied upon by thorizing the transportation of specified Britain, Conn,, under section 210a (b). petitioners must be specified in their pe commodities from New Orleans, La. to titions with particularity. The transfer to KAY’S TRUCKING, Denver, Colo., and points within 15 miles INC., of the operating rights of INTER No. MC—PC-71540. By order of Au of Denver; from Gulfport, Miss., to points gust 21, 1969, the Motor Carrier Board in Colorado; and from Freeport, Tex., NAL REVENUE SERVICE (SUCCES approved the transfer to George H. to a described area in Colorado. Harold SOR IN INTEREST TO GEORGE H. Michael, doing business as Triple “M ” D. Miller, Jr., 700 Petroleum Building, SMEDLEY, INC.) , is presently pending. Service, 3148 Brodhead Road, Bethle Post Office Box 22567, Jackson, Miss. hem, Pa. 18017, of the operating rights 39205, attorney for applicants. By the Commission. in permit No. MC-125463 (Sub-No. 2) [ s e a l ] A n d r e w A n t h o n y , Jr., [ s e a l] A n d r e w A n t h o n y , Jr., issued April 21, 1964, to Jacqueline P. Acting Secretary. Nadberazny, 1210 East Highland Street, Acting Secretary. Allentown, Pa. 18016, authorizing the [F.R. Doc. 69-10423; Plied, Aug. 29, 1969; [F.R. Doc. 69-10424; Piled, Aug. 29, 1969; transportation of waste textile scrap 8:49 a.m.] 8:49 a.m.] FEDERAL REGISTER, VOL. 34, NO. 168— WEDNESDAY, SEPTEMBER 3, 1969