FEDERAL REGISTER VOLUME 32 * NUMBER 204 Friday, October 20, 1967 • Washington, D.C. Pages 14585-14640 (Part II begins on page 14631)
Agencies in this issue— Agricultural Stabilization and Conservation Service Agriculture Department Atomic Energy Commission Census Bureau Civil Aeronautics Board Civil Rights Commission Consumer and Marketing Service Customs Bureau Federal Aviation Administration Federal Communications Commission Federal Maritime Commission Federal Power Commission Federal Reserve System Food and Drug Administration Interstate Commerce Commission Land Management Bureau Monetary Offices Securities and Exchange Commission Detailed list of Contents appears inside.
No. 204—Pt. I---- 1 Announcing First 10-Year Cumulation
TABLES OF LAWS AFFECTED in Volumes 70-79 of the
UNITED STATES STATUTES AT LARGE
Lists all prior laws and other Federal in public laws enacted during the years 1956- struments which were amended, repealed, 1965. Includes index of popular name or otherwise affected by the provisions of acts affected in Volumes 70- 79.
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HEALTH, EDUCATION, AND agricultural stabilization FEDERAL AVIATION WELFARE DEPARTMENT a n d CONSERVATION SERVICE ADMINISTRATION See Food and Drug Administra Rules and Regulations Rules and Regulations Federal airways, transition areas, tion. Reconstitution of farms, allot ments, and bases; miscellaneous and reporting points; altera tions, etc. (3 documents)------14590 INTERIOR DEPARTMENT amendments ------•— 14599 Standard instrument approach p r o c e d u r e s ; miscellaneous See Land Management Bureau. AGRICULTURE DEPARTMENT amendments------14591 See also Agricultural Stabilization INTERSTATE COMMERCE and Conservation Service; Con COMMISSION sumer and Marketing Service. FEDERAL COMMUNICATIONS Rules and Regulations Notices COMMISSION Nebraska; designation of area for Proposed Rule Making Car service; Northern Pacific emergency loans------I4biu Presunrise operation; Class II sta Railway Co. authorized to op tions on U.S. I-A clear channels. 14605 erate over trackage of Union ATOMIC ENERGY COMMISSION Pacific Railroad------14601 Notices Common and contract motor car Notices Guidelines for presunrise oper riers of passengers, Class I; Maine Yankee Atomic Power Co.; ating authority waiver requests; uniform system of accounts----- 14601 application for construction per memorandum opinion and mit and facility license------14610 order----- . ------14610 Notices Hearings, etc.: Fourth section application for CENSUS BUREAU Georgia Radio, Inc. (WPLK)— 14621 relief______14626 New York University and Fair- Motor carriers: Notices leigh Dickinson University— 14621 Temporary authority applica Survey of distributors’ stocks of Roach, John C., arid Gordon tions ______14626 canned foods; notice of consid County Broadcasting Co. Transfer proceedings------14627 eration _— _------14610 (WCGA) ------14622 Organization minutes; division South Jersey Radio, Inc., and and boards and assignment of CIVIL AERONAUTICS BOARD Atlantic City Television Co— 14622 w o rk ------14627 WRBN, Inc., and Tri-County Rules and Regulations Broadcasting Co., Inc------14622 Flight schedules of certificated air LAND MANAGEMENT BUREAU carriers, realistic scheduling re Notices quired; withdrawal of exemp FEDERAL MARITIME tion of intra-Hawaiian air COMMISSION Colorado; classification and pro transportation------—— — 14598 posed classification of public Notices lands for multiple-use manage Notices Seatrain Lines, Inc., and SACAL, ment (2 documents)------14607 Stephens Inc., et al.; hearing----- 14610 VI, Inc.; agreement filed for approval — ------14623 MONETARY OFFICES CIVIL RIGHTS COMMISSION Rules and Regulations FEDERAL POWER COMMISSION Rules and Regulations Table of charges at U.S. mints and Employee responsibilities and con- r Proposed Rule Making assay offices and Bureau of the duct______'.______14589 Annual reporting by Class A nat Mint procedures and description ural gas companies; conference. 14606 of forms; miscellaneous amend COMMERCE DEPARTMENT Notices ments ______14599 See Census Bureau. Hearings, etc.: Consolidated Gas Supply Corp._ 14622 SECURITIES AND EXCHANGE CONSUMER AND MARKETING Tennessee Gas Pipeline Co------14623 COMMISSION SERVICE FEDERAL RESERVE SYSTEM Notices Rules and Regulations Hearings, etc.: Notices Great Lakes Gas Transmission Rice, rough, brown, and milled; Federal Open Market Committee: standards ,______14632 Authorization for system foreign Co. and American Natural Gas Co------14624 Proposed Rule Making currency operations------14623 Current economic policy direc Massachusetts Electric Co------14625 Potatoes, Irish, grown in Wash tive !______14624 ington; operating reserve------14605 Potomac Edison Co------14625 Notices TRANSPORTATION DEPARTMENT Tomatoes; selection of members FOOD AND DRUG and alternates of Florida ADMINISTRATION See Federal Aviation Administra Tomato Committee______14609 Notices tion. Mixture of 3,4,5-trimethylphenyl CUSTOMS BUREAU methylcarbamate and 2,3,5,- TREASURY DEPARTMENT Notices trimethylphenyl methylcarba See Customs Bureau; Monetary Grapes, Concord, from Canada; mate; establishment of tempo antidumping__ -,______14607 rary tolerance— ------14609 Offices. 14587 14588 CONTENTS List of CFR Parts Affected (Codification Guide) The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in toddy'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« 1967« and specifies how they are affected. 7 CFR 18 CFR 45 CFR 68______14632 P r o p o se d R u l e s : 705...... 14589 719______14599 260.------^ — 14606 P r o p o se d R u l e s : 47 CFR 946______14605 31 CFR P r o p o se d R u l e s : 90_. 14599 73 14605 14 CFR 92 _ 14599 “ " 71 (3 documents) 14590 49 CFR 97______14591 195______14601 234______14598 281______14601 14589 Rules and Regulations
quested to do so by the Counsel to the conflicts of interest may include but is President. not limited to: Title 45— PUBLIC WELFARE (c) Notwithstanding the filing of the ( a ) Changes in assigned duties ; Chapter VII— Commission on annual supplementary statement re FEDERAL REGISTER, VOL. 32, NO. 204— FRIDAY, OCTOBER 20, 1967 14590 RULES AND REGULATIONS Nebr.;” is deleted and “12 AGL Kiowa; eral R e g is t e r (32 F.R. 10309) stating Title 14— AERONAUTICS AND 12 AGL Thurman, Colo.; 65 MSL INT that the Federal Aviation Administra Thurman 067° and Hayes Center, Nebr., tion was considering amendments to SPACE 246° radials; 12 AGL Hayes Center, Part 71 of the Federal Aviation Regula Nebr.;” is substituted therefor. tions which would realign colored Fed Chapter I— Federal Aviation Adminis Section 71.181 (32F.R. 2260) is amend tration, Department of Transporta eral airways Green 8, Red 40, Red 99, ed as follows: Thurman, Colo., transi and Blue 27; revoke Blue 65; revoke tion tion area is revoked. Rocky Point, Alaska, and Kukaklek, SUBCHAPTER E— AIRSPACE (Sec. 307(a), Federal Aviation Act of 1958; 49 U.S.C. 1348) Alaska, transition areas; designate Big [Airspace Docket No. 67-WE-39] Issued in Washington, D.C., on Oc Mduntain, Alaska, -transition area; re p a r t 71— DESIGNATION OF FEDERAL tober 17, 1967. voke Rocky Point, Kukaklek, and Anchor Point, Alaska, low altitude reporting AIRWAYS, CONTROLLED AIRSPACE, e l s t r o m H . B. H , points and designate Big Mountain low AND REPORTING POINTS Chief, Airspace and Air altitude reporting point. Traffic Rules Division. Alteration of Federal Airways and Interested persons were afforded an [F.R. Doc. 67-12437; Filed, Oct. 19, 1967; Revocation of Transition Area opportunity to participate in the pro 8:49 a.m. ] posed rule making through the submis On August 16, 1967, a notice of pro [Airspace Docket No. 67-SO-48] sion of comments. All comments received posed rule making was published in the, were favorable. F ederal R e g ist e r (32 F.R. 11803) stating PART 71— DESIGNATION OF FEDERAL In consideration of the foregoing, Part that the Federal Aviation Administration AIRWAYS, CONTROLLED AIRSPACE, 71 of the Federal Aviation Regulations is was considering amendments to Part 71 AND REPORTING POINTS amended, effective 0001 e.s.t., December of the Federal Aviation Regulations that 7,1967, as hereinafter set forth. would alter segments of V-4, V-8 south Alteration of Federal Airway 1. In § 71.103 (32 F.R. 2006) G-8 is alternate, V-148 and V-220 associated On August 17, 1967, a notice of pro amended by deleting all before “INT of with the relocation of Thurman, Colo., posed rule making was published in the the northeast course of the Kenai RR VOR. F ed e r a l R e g is t e r (32 F.R. 11882) stat and a line bearing 266^ from the Anchor Subsequent to publication of the notice ing that 'the Federal Aviation Adminis age, Alaska, RR;” and substituting it was determined that no change to tration was considering raising the floor “From King Salmon, Alaska, RR via Big V-220 would be necessary. of V-70 between Picayune, Miss., and Mountain, Alaska, RBN; Homer, Alaska, Concurrently with these actions,- it Greene County, Miss., from 1,200 feet RR; Kenai, Alaska, RR;” therefor. was proposed to realign V-19 from AGL to 9,500 feet MSL. 2. Section 71.107 (32 F.R. 2007) is Kiowa, Colo., direct to Denver, Colo., Interested persons were afforded an amended as follows: and to revoke the Thurman transition opportunity to participate in the rule a. In R^40 “the Shuyak, Alaska, RBN; ’’ area. making through submission of comments. is deleted. Interested persons were afforded an At the time of publication of the notice b. R-99 is amendd to read: opportunity to participate in the pro of proposed rule making, V-70 was speci R-99 From Big Mountain, Alaska, RBN via posed rule making through the sub fied as a preferred route between New Iliamna^Alaska, RBN; to the INT of Iliamna mission of comments. All comments re Orleans, La./Houston, Tex., and several RBN 145° and Big Mountain RBN 080° bear ceived were favorable. cities in the eastern portion of the United in g s. In consideration of the foregoing, Part States. The National Business Aircraft 71 of the Federal Aviation Regulations Association (NBAA) objected to the 3. Section 71.109 (32 F.R. 2007) is is amended, effective 0001 e.s.t., Decem blockage of a preferred route. The NBAA amended as follows: ber 7, 1967, as hereinafter set forth. advised their objection could be con a. B-65 is revoked. Section 71.123 (31 F.R. 15531, 32 F.R. sidered withdrawn if the preferred b. In B-27 all before “King Salmon 3219, 7251, 7588, 7589, 47, 16200, 15796, route were changed from V-70 to V-20. RR;” is deleted and “From Kodiak, Alas Such action was taken effective October ka, RR via the INT of Kadiak RR 270° 7652) is amended as follows: bearing and the southeast course of the 1. In V-4 “12 AGL Thurman, Colo.; 17 12, 1967. All other comments received were favorable. King Salmon, Alaska, RR;” is substi miles, 12 AGL, 33 miles, 65 MSL, 12 AGL tuted therefor. Goodland, Kans.;” is deleted and “12 In consideration of the foregoing, Part 71 of the Federal Aviation Regulations is 4. Section 71.181 (32 F.R. 2148) is AGL INT Denver 103° and Thurman, amended as follows: Colo., 275° radials; 12 AGL Thurman, amended, effective 0001 e.s.t. December Colo.; 50 miles, 65 MSL, 12 AGL Good- 7, 1967, as hereinafter set forth. a. Big Mountain, Alaska, is added. land, Kans." is substituted therefor. Section 71.123 (32 F.R. 2009) is Big Mountain, Alaska 2. In V-8/ “12 AGL Denver, Colo.; 12 amended as follows: In V-70 “12 AGL That airspace extending upward from 1,200 AGL Akron, Colo.; including a 12 AGL Greene County, Miss.," is deleted and feet above the surface within 5 miles north south alternate via Denver 101° and “95 MSL Greene County, Miss.;” is sub west and 7.5 miles southeast of the 049° and 229° bearings from the Big Mountain RBN, Akron 238° radials; 12 AGL Hayes Cen stituted therefor. extending from 7 miles northeast to 13 miles ter, Nebr., including a 12 AGL north al (Sec. 307(a), Federal Aviation Act of 1958; southwest of the RBN. ternate via INT Akron 063° and Hayes 49 UJS.C. 1348) Center 276° radials and also a 12 AGL . b. Kukaklek, Alaska, and Rocky Point, Issued in Washington, D.C., on Octo south alternate via INT Akron 094° Hayes ber 17,1967. Alaska, are revoked. Center 245° radials; 12 AGL Grand Is 5. Section 71.211 (32 F.R. 2287) is H . B. H e l s t r o m , land, Nebr.;" is deleted and :‘12 AGL amended as follows: Denver, Colo.; 12 AGL Akron, Colo.; in Chief, Airspace and Air cluding a 12 AGL south alternate via Traffic Rules Division. ' a. Big Mountain, Alaska, RBN is Denver 103° and Akron 242° radials; [F.R. Doc. 67-12438; Filed, Oct. 19, 1967; added. 12 AGL Hayes Center, Nebr., includ 8 :4 9 a .m .] b. Anchor Point INT:, Kukaklek INT:, ing a 12 AGL north alternate via [Airspace Docket No. 66-AL-21] and Rocky Point INT: are deleted. INT Akron 063° and Hayes Center (Secs. 307(a), 1110, Federal Aviation Act of 276° radials and also a 12 AGL south PART 71— DESIGNATION OF FEDERAL 1958 (49 U.S.C. 1348, 1510); Executive Order alternate via INT Akron 094° and AIRWAYS, CONTROLLED AIRSPACE, 10854 (24 F.R. 9565)) Hayes Center 246° radials; 12 AGL Grand AND REPORTING POINTS Island, Nebr.,” is substituted therefor. Issued in Washington, D.C., on Oc 3. In V-19 “12 AGL INT Kiowa 005° Revocation and Alteration of Federal tober 17, 1967. and Denver, Colo., 101° radials;" is Airways, Revocation and Designa H. B. H e l st r o m , deleted. tion of Transition Areas and Report Chief, Airspace and Air 4. In V-148 “12 AGL Kiowa; 12 AGL ing Points Traffic Rules Division. Thurman, Colo.; 17 miles, 12 AGL, 47 On July 13, 1967, a notice of proposed [F .R . Doc. 67-12439; Filed, Oct. 19. I®67! miles, 65 MSL, 12 AGL Hayes Center, rule making was published in the F e d 8:4 9 a.m .] FEDERAL REGISTER, VOL. 32, NO. 204— FRIDAY, OCTOBER 20, 1967 RULES AND REGULATIONS 14591 SUBCHAPTER F— AIR TRAFFIC AND GENERAL OPERATING RULES [Reg. Docket No. 8446; Arndt. 562] PART 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 SMie ctes^ieation 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. (0, WT? KfiRo-> part 97 (14 In view of the foregoing and pursuant to the authority delegated to me by the Administrator (24 F.R. 5662), Part 97 a CFRPart 97) is amended as follows: 1. By amending the following automatic direction finding procedures prescribed in § 97.11(b) to read: ADF Standard I nstrument Approach P rocedure Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise ^ ^ t e d , exrept airport, it shall be in accordance with the following instrument approach procedure, Han instrument approach Pro^dure of the ^ o v e t ^ ^ OTnUuae^t tne De o authorized by the Administrator of the Federal Aviation Agency. Initial approaches unless an approach is conducted to acco rdum > w iha d ieren ^^/^hSLbSd for en route operation in the particular area or as set forth below. s Transition Celling and visibility minimum 2-engine or less More than Minimum 2-engine, Course and altitude Condition T o - distance more than From— (feet) 65 knots More than 65 knots or less 66 knots PROCEDURE CANCELED, EFFECTIVE 11 NOV. 1967. City, Fort Rucker; State, Ala.; Airport name, Cairns AAF; Elev., 305'; Fac. Class. ^HW ^Ident. LOR; Procedure No. 3, Arndt. 2; Efl. date, 25 Dec. 65; Sup. Arndt. No. 1, 2600 T-dn...... 300-1 300-1 200-H HSV VOR.... 3000 C-dn...... 600-1 600-1 500-1)4 Owens Inf___ 2600 S-dn-18R*_____ 500-1 500-1 500-1 Bluff City Int Direct...... 2600 A-dn...... 800-2 800-2 800-2 DCU VOR.., Direct...... 2600 Tanner Int__ 2600 Bethel Int___ CWH RBn...... Direct...... Procedure turn W side of crs, 359° Outbnd, 179° Inbnd, 2600' within 10 miles of Capshaw RBn. Minimum altitude over Capshaw RBn on final approach crs, 2600 . _ „ .. T a;rrw ; 1700_n 6 mile crs, 179° from CWH RBn within 20 mues or, when directed by ATC, turn right, climb to 2600 , return to CWH RBn, enter fioiamg■ ¿ s patte s f i s s .s * CWH “ 1026“' “ MSA within 25 miles of facility: 000°-090°—2600'; 090°-180°—3000'; 180°-270° 2000'; 270°-360 2000 . City, Huntsville; State, Ala.; Airport name, Huntsville-Madison County (New); Elev 629'; Fac. C U »., MHW; Ident., CWH; Procedure No. N D B(A D F) Runway 18R, Arndt. ’ Ong; Eff. date, 11 Nov. 67 8500 T-dn%...... 306-1 306-1 2 0 0 -)4 LMTVOR...... 7500 C-dn...... 1600-1 1606-1 1600-1)4 Mount Dome VHF Int. A-dn...... 1606-2 1606-2 1600-2 I P r o S f t m n S side of crs, 139° Outbnd, 319» Inbnd, 7500' within 10 miles ofLFA RBn. Final approach crs, 319» from LFA RBn. Minimum altitude over LFA RBn on final approach crs, 7000'; over LMM, 5700 . — p» i "»b* » “ ■ u lfa RBn, continue climb to 7500' on 139° bearing from LFA KBn within 10 miles of LFA RBn. % ^ S 4 ^ r a n w a ^ : ^ l m ^ a LMT ILS localizer SE crs/LMT VO RTAC, R 140» to 6000', then turn right heading 250» to intercept and proceed via LMT VO R R 162» to cross the LMT VOR at or above 7000'; westbound V122, 6000'. - __ . 1fiW, %200-)4 authorized only on Runway 14. 300-1 required Runway 32. 500-1 required Runways 7/25 and 18/36. MSA within 26 miles of facility: 000°-090°—8300'; 090»-360»—9300'. City, Klamath Falls; State, Oreg.; Airport name, Kingsley Field; Elev., W J a c . Class. LMM; W ent. MT; Procedure No. N D B(A D F) Runway 32, Arndt. 5; Eff. date, ’ 9 Nov. 67; Sup. Arndt. No. ADF 2, Arndt. 4; Dated, 2 Oct. 65 2900 T-dn-6 and 3#... 500-1 500-1 600-1 Hurt In t... Eving ton RBn (final) 300-1 200-)4 Goose in t ...: .: : Evington RBn...___ Direct...... 3000 T-dn-35, 24, 21, 300-1 and 17. Direct...... 2900 Lynchburg VOR Evington RBn------700-1 700-1 700-1)4 Bweetbriar Int__ Evington RBn...... 3000 C-dn%...... 2900 S-dn-3%...... 600-1 600-1 600-1 Sycamore Int___ Evington RBn (final) 800-2 800-2 Concord Int. Evington RBn...... 3000 A-dn%_...... 806-2 3000 If OM received, the following minimums apply: Monetalnt___ Evington RBn...... 500-1 Eton Int.__ ; Evington RBn...___ Direct______3000 S-dn-3%...... 500-1 500-1 Procedure turn E side of crs, 212° Outbnd, 032° Inbnd, 2900' within 10 miles. Minimum altitude over Evington RBn on final approach crs, 2900'. Crs and distance, facility to airport, 032»—7.2 miles. . Æ d œ n t K landing minimums or if landing not teft-cltmbing turn to 2900' direct to Evmgton RBn. Hold SW of Evington RBn, 032° Inbnd, 1-mmute right turns. Alternate missed approach for VOR/DME equipped aircrait Within 7.2 miles after passing EVI RBn, climb to 3500' direct to Monroe Int, hold N , 207 Inbnd, 1-mmute left turns. Note: Procedure turn not required if Hurt Int or Sycamore Int is received. %CircÎâg M d ^ r ^ ^ ^ œ ü i^ m in im m n Î S ^ tJ e d w T vïSü/tyrequ irem en t Increased )4 mile, and alternate minimums not authorized when control zone not effective; Ose Roanoke altimeter. - „ __ _ MSA within 25 miles of facility: 000»-090°—5000'; 090»-180°—3100'; 180°-270°—4000'; 270 -360 —6200'; City, Lynchburg; State, Va.; Airport name, Lynchburg Municipal-Preston Glenn Field; Elev 942'; Fac. Class. MHW; W ent. EVI; Procedure No. N D B(A D F) Runway 3, * Arndt. 5; Eff. date, 9 Nov. 67; Sup. Amdt. No. ADE 1, Arndt. 4; Dated, 16 Oct. 65 FEDERAL REGISTER, VOL, 32, NO. 204— FRIDAY, OCTOBER 20, 1967 14592 RULES AND REGULATIONS ADF Standard I nstrument Approach P rocedure— Continued Transition Ceiling and visibility minimums 2-engine or less Minimum More than From— T o - Course and distance altitude Condition 2-engine, - (feet) 65 knots More than more than or less 65 knots 65 knots MEI VORTAC...... LOM (HW)...... 2000 Stratton Int...... 300-1 300-1 200-J4 LOM (HW)...... 2000 500-1 600-1 600-1)4 Decatur Int______LOM (HW)...... 2000 Newton Int...... 600-1 500-1 500-1 LOM (HW)...... ____...... 2000 800-2 800-2 800-2 Rose Hill Int...... LOM (HW ).. 2000 EWA VOR...... __...... LOM (H W )... 2000 Radar available. Procedure turn S side of crs, 186° Outbnd, 006° Inbnd, 2000' within 10 milAs Minimum altitude over facility on final approach crs, 1700'. firs and distance, facility to airport, 006°—4.5 miles. ii.Lisu?A5on.t?ct i}ot established upon descent to authorized landing minimums or if landing not accomplished within 4.5 miles after passing LOM, turn left climb to 2000' on crs, 300 within 15 miles or, when directed by ATC, turn left, climb to 2000' on crs, 360° within 15 tthIrs Runways O-S'cloSd*^*1 ^ 200-^ not autkorized on Rrunways 5 and 23. No approach lights. Overrun lights and high-intensity runway lights only on Runways 1-19. Caution: Trees 600', 2 miles E of airport. 1000' tower, 2.5 miles E or airport. 880' tower, 4.2 miles BE of airport. •Reduction below %A mile Transition Ceiling and visibility minimums 2-engine or less Minimum More than From— T o - Course and 2-engine, distance altitude Condition more than (feet) 65 knots More than 65 knots or less 65 knots AM LOM...... AMA VOR...... Dirèct______5000 T-dn 300-1 300-1 20644 AROVOR ...... AMA VOR...... 5000 C!-dn 500-1 500-1 500-1H S-dn-21*...... 400-1 400-1 409-1 A-dn...... 800-2 800-2 800-2 Radar available. Procedure turn N side of crs, 030° Outbnd, 210° Inbnd, 5000' within 10 miles. Minimum altitude over facility on final approach crs, 4600'. Crs and distance, facility to airport, 210°—4.5 miles. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 4.5 miles after passing AMA YOR, climb to 5000' on R 210° within 15 miles or, when directed by ATC, turn left, climb to 5000' on R 076° within 15 miles. Caution: 3764' grain elevator located adjacent to SW boundary of airport. •Runway 21: 4 0 0 authorized with operative HIRL, except for 4-engine turbojets. MSA within 25 miles of facility: 000°-180“—4900'; 180°-270°—5300'; 270°-360°—5000'. City, Amarillo; State, Tex.: Airport name, Amarillo AAF/Municipal; Elev., 3605'; Fac. Class., H-BVORTAC; Ident., AMA; Procedure No. VOR Runway 21, Amdt. 13; Efl. date, 11 Nov. 67; Sup. Amdt. No. VOR 1, Amdt. 12; Dated, 8 May 65 Litchfield VOR Jonesville Int (final)...... 2700 T-dn , 300-1 300-1 300-1 C-dn...... ^ 600-1 600-1 600-ltf A-dn______NA NA NA Procedure turn not authorized. Final approach crs, 137° Inbnd from LFD VOR. Minimum altitude over Jonesville Int on final approach crs, 2700'. Crs and distance, Jonesville Int to airport, 137°—5 miles. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 5 miles after passing Jonesville Int, make left turn, climb to 2700' and return to Jonesville Int. N otes: (1) Use Jackson altimeter setting. (2) Dual VOR receivers or DME required. MSA within 25 miles of facility: 000°-090 —2900'; 090°-180°—2500'; 180°-270°—2400'; 270°-360°—2600'.- City, Hillsdale; State, Mich.; Airport name, Hillsdale Municipal; Elev., 1182'; Fac. Class., L-BVORTAC; Ident., LFD; Procedure No. VOR-1, Amdt. Orig.; Efl. date, 9 Nov. 67 SVM VORTAC. Brighton Int (final)______2600 T-d . 300-1 300-1 300-1 C-d...... 600-1 600-1 600-1)4 S-d-31...... - 600-1 600-1 600-1 A-dn______NA NA NA Radar available. Procedure turn S side of crs, 131° Outbnd, 311° Inbnd, 2600' within 10 miles of Brighton Int. Minimum altitude over Brighton Int on final approach crs, 2600'. Crs and distance, Brighton Int to airport, 311“—5.2 miles. . . If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 5.2 miles after passing Brighton Int, climD to and proceed direct to Fowler Int via SVM, R 311*. N otes: (1) Use Flint, Mich., altimeter setting. (2) Dual VOR receivers or DME required. MSA within 25 miles of facility: 000°-180°—2800'; 180°-270°—2500'; 270°-360°—2600'. City, Howell; State, Mich.; Airport name, Livingston County; Elev., 943'; Fac. Class., L-BVORTAC; Ident., SVM; Procedure No. VOR Runway 31, Amdt. Orig.; Efl. date* 9 Nov. 67 FEDERAL REGISTER, VOL. 32. NO. 204— FRIDAY, OCTOBER 20, 1967 RULES AND REGULATIONS 14593 Y O R -D M E S tandard I n str u m en t Approach P rocedure— Continued Transition Ceiling and visibility minimums 2-engine or less More than Minimum 2-engine, Course and altitude Condition To— distance more than From— (feet) 65 knots More than 65 knots or less 65 knots T-dn 300-1 300-1 200-H C-d.. 500-1 500-1 500-1)4 C-n._ 500-2 500-2 500-2 A-dn 800-2 800-2 800-2 Procedure turn S side of crs, 270° Outbnd, 090° Inbnd, 2600' within 10 miles. Minimum altitude over facility on final approach crs, 2600 . Crs and distance, facility to airport, 090°—7.8 miles. , minimum-? or if landing not accomplished within 7.8 miles after passing DCU VOR, turn right, climb ATC, turn right, climb to’2600', proceed out S era, HSV ILS to Bluff City Int, enter holding ^M SA within 25 miles of facility: 000°-090°—3000'; 090°-180°—2600'; 180°-270°—2300*; 27Q -360 —2000'. City, Huntsville; State, Ala,, Airport name, Huntsville-Madison County (New); Elev.^629'; Fac. Class., VOR; Ident., DCU; Procedure No. V O R -l, Arndt. O ng, Eff.date, 300-1 300-1 300-1 Maple River Int Direct.*______2500 T-dn...... GBRVOR Direct-...... 2500 C-d...... 500-1 500-1 500-1)4 LAN VOR. Maple River Int NA NA NA " Maple River Int LAN, R 320° 2500 C -n „ ...... Orleans In t. GRR, R 065° A-dn______NA NA NA Procedure turn N side of crs. 065° Outbnd, 245° Inbnd, 2400' within 10 miles of Maple River Int. Minimum altitude over facility on final approach crs, 2400'. BrviOTal<^cont^t’n ^ i^Ubh^hS°imon5desce™t1to authorized landing minimums or if landing not accomplished within 5 miles after passing Maple River Int, make right turn, climb to 2500' and return to Maple River Int. . Notes: (1) Use Grand-Rapids, Mich., altimeter setting. (2) Dual VOR^receivers required.o MSA within 25 miles of facility: 000°-090°—2300'; 090°-180*-2400'; 180°-270 —2900'; 270 -360 —2200'. City, Ionia; State, Mich.; Airport name, Ionia County; Elev., 810'; Fac. Class., L-BVOR; Ident., GRR; Procedure No. VOR-1, Arndt. Prig.; Efl. date, 9 Nov. 67 T-dn%. 300-1 300-1 200-)4 C-dn— 1900-1 1900-1 1900-1)4 A-dn. 1900-2 1900-2 1900-2 054/138° 6.6-mile Radar Fix minimums: C-dn...... I 1200-1 I 1200-1 1200-1)4 Radar available. ‘ ** nra<, Shuttle descent to 8000' on a 1-minute right turn holding pattern W of LMT VO R on R 256 . Procedure turn S side of crs, 141° Outbnd, 321° Inbnd, 7500' withm 10 miles. Minimum altitude over OM/138°—-6.6-mile Radar Fix on final approach crs, 600(r. Crs and distance, OM to airport, 319°—5.8 miles. V isual contact'not established upon descent to authorized landing minimums or if landing not accomplished within 0 mile of LMT VOR, turn left, climb to /500' on R 256° of LMT VOR within 10 miles. All maneuvering N of R 256°. Caution: High terrain all quadrants. . , LV t SSS s e V oT e S ™ ' « S r f f i S • k,and proceed via LMT VOR, R .62- tocroee LMT VOR at or above 7000'; westbound V-122, 6000'. - MSA within 25 miles of facility: 000°-090°—8300'; 090°-180 —7600'; 180 -360 9300. City, Klamath Falk'; State, Oreg.; Airport name, Kingsley Field; Elev., 4092'; Fac. Class., L-BVORTAC; Ident., LMT; Procedure No. VOR-1, Arndt. Orig.; Efl. date, 9 Nov. 67 PROCEDURE CANCELED, EFFECTIVE 9 NOV. 1967. City, Klamath Falls; State, Oreg.; Airport name, Kingsley Field; Elev., 4092'; Fac. Class., L-BVORTAC; Ident., LMT, Procedure No. VOR-32, Arndt. 5; Efl. date, 16 O cf 65; Sup. Arndt. No. 4; Dated, 2 Oct. 65 Hurt Int Direct...... 2200 T-dn-6 and 3*.. 500-1 500-1 500-1 T-dn-35, 24, 21, 300-1 300-1 200-}/$ and 17. C-dn%...... 700-1 700-1 700-1)4 S-dn-3%...... 600-1 500-1 500-1 A-dn%...... — 800-2 800-2 800-2 Procedure turn E side of ere, 205° Outbnd, 025° Inbnd, 2900' within 10 miles. Minimum altitude over facility on final approach crs, 2200'. If visual corR^enorStebhsh^u^n^COTttoauthorized landing minimums or if landing not ac^mplished within 4 miles Pf^]n8 ^ H V O R ,m ^e aieft^hmbing ram to 2900'. Hold SWof Lynchburg VOR, R 205°, 1-minute right turns. Alternate missed approach for DME equipped aircraft: Withm 4 miles after passing L i l l V O K lA t, ttob to 3500' direct to Monroe Int, hold N , 207° Inbnd, 1-minute left turns. Note: If Hurt Int is received procedure turn not required. Caution N ote: Runways 6-3—1350° terrain, 1.5 miles NE of airport. . • . - I* . . ._____. , ______, •__ „ »Circling and straight-in ceiling minimums increased 200', visibility requirement increased )4 mile, and alternate minimums not authorized when control zone not effective. Use Roanoke altimeter: MSA: 000°-090°—4600'; 090°-180°—2100'; 180°-270°—3100'; 270°-360°—5300'. City. Lynchburg; State, Va.; Airport name, Lynchburg Municipal-Preston Glenn Field; Elev., 942'; Fac. Class., L-BVORTAC; Ident., LYH; Procedure No. VOR Runway 3, Arndt. 5; Efl. date, 9 Nov. 67; Sup. Arndt. No. VOR 1, Arndt. 4; Dated, 30 Jan. 66. PROCEDURE CANCELED, EFFECTIVE 11 NOV. 1967. City, Memphis; State, Tenn.; Airport name, Memphis Metropolitan; Elev., 331'; Fac. Class., H-BVORTAC; Ident., MEM; Procedure No. VOR Runway 17, Arndt. 3; Efl. date, 29 Apr. 67; Sup. Arndt. No. VOR Runway 17, Amdt. 2; Dated, 4 Feb. 67 FEDERAL REGISTER, VOL. 32, NO. 204— FRIDAY, OCTOBER 20, 1967 No. 204—Pt. I____ 2 14594 RULES AND REGULATIONS VOR-DM E S tandard I n str u m en t A ppro a c h ^Procedure— Continued Transition Celling and visibility minimums 2-engine or less Minimum More than From— T o - C ourse and distance altitude Condition 2-engine, (feet) 65 knots More than more than or less 65 knots 65 knots R 080°, SVM VQR clockwise...... SVM, R 170°...... Via 7-mile DME 2500 T-dn_ 300-1 300-1 300-1 Arc. C -d... 500-1 R 300°, SVM VOR counterclockwise SVM, R 170°..;.. 500-1 500-1)* Via 7-mile DME 2500 C -n... 500-1}* 500-1}* 500-11* Arc. A-dn. NA NA NA 7-mile DME Fix, R 170°..______SVM VOR (final) Direct...... 2500 Radar available. Procedure turn W side of crs, 170° Outbnd, 350° Inbnd, 2600' within 10 miles. Minimum altitude over facility on final approach crs, 2500'. Crs and distance, facility to airport, 350°—5.7 miles. 2600,Iand retmm toSVM upon descent to authorized landing minimums or if landing not accomplished within 5.7 miles of SVM VOR, make climbing right turn to N otes: (1) Use Willow Run altimeter setting. (2) Runway lights on request. MSA within 25 miles of facility: 000°-180°—2800'; 180°-270°—2500'; 270°-360°—2600'. City, New Hudson; State, Mich.; Airport name, New Hudson; Elev., 947'; Fac. Class., L-BVORTAC; Ident., SVM; Procedure No. VOR-1, Arndt. Orig.; Eft. date, 9 Nov. 67 Cashmere VHF Int_____ EA T VOR. Direct. 7300 T-dn%_...... 1000-1 1000-1 1000-1 Beehive Mount VHF Int. EAT VOR. Direct. 6000 C-dn*...... 1900-1 1900-1 1900-13* A-dn...... 2000-2 2000-2 2000-2 If Malaga FM received the following minimums apply: C-d*...... 1000-1 1000-1 1000-13* C-n*...... 1000-1}* 1000-1}* 1000-2 Procedure turn N side of crs, 102° Outbnd, 282° Inbnd, 4700' within 12 mil as Minimum altitude over Malaga FM on final approach crs, 3100'. Crs and distance, Malaga FM to airport, 282°—3.5 miles, EAT VOR on airport. ... visual contact not established upon desrent to authorized landing minimums or if landing not accomplished within 0 mile of EAT VOR, flimh to 2700' on R 282° EAT VOR, then make climbing left turn direct to EAT VOR and continue climb to 5000' within 10 miles on R 090° EAT VOR Caution: High terrain in all quadrants. ^Sliding scale not authorized for takeoff. v n S^VnX/iSoallX.KVer 2200';Then climb southeastbonnd on EAT VOR, R 102° to 3300', thence return to EAT VOR climbing to cross intercept V ^ N ^ ^ ^ ^ n e t t^ e i^ h ^ ’S ° tllb0Und ^ -26,6600 ’ westbound V-2N. All turns N side of R 102°. Upon reaching 3300' on R 102°, eastbound aircraft may proceed to ‘Terrain to 1800', 1.7 miles NW through NE of airport. All circling and maneuvering S of Runways 11/29. MSA within 25 miles of facility: 000°-090°—5400'; 090°-180°—7600'; 180°-270°—10,400'; 270°-360°—4600'. City, Winatchee; State, Wash.; Airport name, Pangborn Field; Elev., 1245'; Fac. Class., L-BVOR; Ident., EAT; Procedure No. VOR* Runway 29, Arndt. 6; Eft. date. 11 Nov; 67; Sup. Arndt. No. VOR 1, Arndt. 6; Dated, 16 Oct. 65 3. By amending the following very high frequency omnirange—distance measuring equipment (VOR/DME) procedures prescribed in § 97.15 to read: VOR/DM E S tandard I n str u m e n t A ppro a c h P rocedure Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSB. Ceilings are in feet above airport elevation; Distances are In nautical miles unless otherwise indicated, except visibilities which are in statute miles. If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator of the Federal Aviation Agency. Initial approaches shall be made over specified routes. M inimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below. Transition ___ _ Ceiling and visibility minimums 2-engine or less Minimum More than From— T o - Course and 2-engine, distance altitude Condition more than (feet) 65 knots More than 65 knots or less 65 knots 25-mile DME Fix, R 046°...... 18-mile DME Fix, R 046°...... Direct______2700 T-dn%*...... 300-1 300-1 200-3*, 25-mile DME Fix, R 066°...... 18-mile DME Fix, R 066°...... D i rppt 2800 C-dn‘...... 800-1 800-1 800-13* 18-mile DME Fix, R 046° clockwise____ 18-mile DME Fix, R 058°...... 18-mile DME Arc. 1800 S-dn-24$...... 800-1 800-1 800-1 18-mile DME Fix, R 066° counterclockwise. 18-mile DME Fix, R 058°...... 18-mile DME Arc.. 1800 A -dn...... 1006-2 1000-2 1000-2 Procedure turn not authorized. Final approach crs, 238° Inbnd from 18-mile DME Fix, R 058°. Minimum altitude over 18-mile DME Fix, R 058° on final approach crs, 1800'; over 13-mile DME Fix, R 058°, 1300'; over 11.7-mile DME Fix, R 058°, 900'. „ a ,• yisualcontact not established upon descent to authorized landing minimums or if landing not accomplished at 9.3 DME Fix, R 058°, climb direct HQM VOR. Continue climb to 2500'on R 239 within 10 miles. ’ ’ % Takeoffs all runways: Climb direct to HQM VOR before proceeding on crs. V27W northeastbound, climb visually to 400' over airport thence on crs. ‘Ail maneuvering will be executed S of Runways 6/24. $Visibility reduction not authorized. MSA within 25 miles of facility: 340°-160°—2500'; 160°-250°—1100'; 250°-340°—1500'. City, Hoquiam; State, Wash.; Airport name, Bowerman; Elev., 14'; Fac. Class., H-BVORTAC; Ident., HQM; Procedure No. VOR/DME Runway 24, Arndt. Orig.; Eff. date; 9 Nov. 67 / 17-mile DME Fix, R 162° counterclockwise. 300-1 200-)*, 17-mile DME Fix,.R 152' 17-mile DME Arc. 8500 T-dn%. 300-1 800-11* 17-mile DME Fix, R 152°______6-mile DME Fix, R 152°. Direct— . ______6000 C-dn— 800-1 800-1 6-mile DME Fix, R 152°...... ;____” 500-1 600-1 4-mile DME Fix, R 152°. Direct______5300 S-dn-32 500-1 800-2 A-dn.... 800-2 800-2 Radar available. Procedure turn S side of crs, 152° Outbnd, 332° Inbnd, 7500' ^ ithin 10 miles of 6-mile DME Fix, R 152°. . , Minimum altitude over 17-mile DME Fix R 152° on final approach crs, 8500'; over 6-mile DME Fix R 152°, 6000'; over 4 mile DM E Fix R-152' 5300; oyer facility if visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 0 mile of LMT VOR, turn left, climb to 7500" on a ^ Facility on airport. LMT VOR within 10 miles. All maneuvering N of R 256°. Caution: High terrain all quadrants. % authorized only Runway 14. 300-1 required Runway 32. 500-1 required Runways 7/25 and 18/36. . „ ,« » to cross t . all runways: Climb via LMT localizer SE crs/LMT VOR R 140° to 6000', then turn right heading 250° to intercept and proceed via LMT VOR K LMT VOR at or above 7000'; westbound V -122, 6000'. MSA within 25 miles of facility: 000°-090°—8300'; 090°-180°—7600'; 180°-360o—9300'. City, Klamath Falls; State, Oreg.; Airport name, Kingsley Field; Elev., 4092'; Fac. Class., L-BVORTAC; Ident., LMT; Procedure No. VOR/DME Runway 32, Arndt, ng-* Eff. date, 9 Nov. 67 FEDERAL REGISTER, VOL. 32, NO. 204— FRIDAY, OCTOBER 20, 1967 RULES AND REGULATIONS 14595 VOR/DM H Standard I nstrument Approach P rocedure—Continued Ceiling and visibility minimums Transition 2-engine or less More than Minimum Course and 2-engine, To— altitude Condition more than From— distance (feet) 65 knots More than 65 knots or less 65 knots 500-1 500-1 LYH VORTAC, R 027°, 15-mile Clockwise 15-mile 3500 T-dn-6 and 3*. 500-1 Eton Int- DME Arc. T-dn-35, 24, 21, 300-1 300-1 200-)4 DME Fix. and 17. 700-1 700-1 700-1H Monroe I n t .— ...... --...... Counterclockwise 3500 C-dn%----- .... Swcetbriar Int 20-mile DME S-dn-21%...... 700-1 700-1 700-1 Arc. A-dn%...... 800-2 800-2 800-2 Counterclockwise 3000 Concord Int... LYH VORTAC, R 027°, 13-mile DME Fix. 13-mile DME Arc. M W ™ a m tnu ^ crs (207”) 2(bmile DME to 15-mile DME, 3500-; 15-mile DME to 10-mile DME, 2400'; 10-mile DME to 6-mile DME, 1640'. Crs to airport Runway 21-207°. Breakofl point to runway, 0.8 NM -212 . m f^ t^ bU shS ujfo? dK^n? to authorlred landing minimums or «landing not accomplished at 6-mile DME Fix, climb to 2900' direct to LYH VORTAC. Hold SW of Lynchburg VORTAC R 205°, 1-minute right turns. . vLibifity requirement increased * mile, and alternate minimums not authorized when control zone not effective. ^M SA w W dn^m Ses of facility; 000°-090° IGOO7; 090°-180° 2100'; 180°-270° 3100'; 270°-360° 5300'. VOR/DMF City, Lynchburg; State, Va.; AirP ° ^ ^ * ’2^y^ " rf ; Arndt. NoVVOR/DME N o f t O d L Dated, 3 0 1 ^ 6 5 ’ 2800 T -dn______300-1 300-1 200-J-i MCW VOR...... —- Via 15-mile DME 2900 C-dn______400-1 500-1 500-1'A R 278°, MCW VOR clockwise. S-dn-17$...... 400-1 400-1 400-1 2800 A-dn______800-2 800-2 800-2 R 032°, MCW VOR counterclockwise.. Arc. 2500 15mile DME Fix, R 356° MCW VO R. 9-mile DME Fix, R 356° (final)...... - Direct______ Procedure turn W side of crs, 356° Outbnd, 176° Inbnd, 2800' between 9- and 19-mile DME Fix, R 356°. Minimum altitude over 9-mile DME Fix, R 356 on final approach crs, 250(r. »".asa,«K&SeJtaSi m l»!»»™ at IM.ndtng not accomplished at 4 « DME F it, R W , dlm b to 2 8 « on R Uf> .» h i « 10miles, and return to VOR. , City, Milam City; State, Iowa; Abpor. ” ' " ’ ' 300-1 200-J4 12-mile DME Fix PNC VOR, R 004° Direct...... 2700 T-dn___ 300-1 PNC VOR...... Via 12-mile DME 2700 C-d...... 600-1 600-1}* 600-1)4 PNC VOR, R 085° counterclockwise. PNC VOR, R 004°...... C-n____ 600-2 600-2 600-2 500-1 500-1)4 500-1)4 PNC VOR, R 004°...... i- Via 12-mile DME 2700 S-dn-35. PNC VOR, R 271° clo ck w ise...... : Arc. A-dn__ NA NA NA 12-mile DME Fix PNC VOR, R 004° 20-mile DME Fix PNC VOR, R 004° Direct— ...... I 2700 (final). Procedure turn E side of crs, 184° Outbnd, 004° Inbnd, 2700' within 10 miles of 20-mile DME Fix PNC VOR, R 004°. 0 • Minimum altitude over 20-mile DME Fix PNC VOR, R 004° on final approach crs, 2700 , over 23-mile DME Fix PNC VOR, K 0 0 4 ,18W. Bminimums or «landtag not accomplished St 2î .«.mll. DME F » , m ate tight turn, climbing to 2 2 « , return to 20-mile DME Fix PNC VOR, R 004°. Hold S. Notes: (1) Use Ponca City, Okla., altimeter setting. (2) Lights on Runways 17/35 only. MSA within 25 miles of facility: 000°-090°—2600'; 090°-360°—2500'. City, Winfield-Arkansas City; State, Kans.; Airport name, Strother FfeM;Elev., llE61'; Fac. C ta £ ; H-BVORTAC; Ident., PNC; Procedure No. VOR/DME Runway 35, FEDERAL REGISTER, VOL. 32, NO. 204— FRIDAY, OCTOBER 20, 1967 145% RULES AND REGULATIONS 4. By amending the following instrument landing system procedures prescribed in § 97.17 to read: ILS Standard I nstrument Approach P rocedure Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL. Ceilings are In feet above airport elevation. Distances are in nantfoal miles unless otherwise indicated, except visibilities which are in statute miles. , 1 If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator of the Federal Aviation Agency Initial aDDroachM shall be made over specified routes. Minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below Transition -*• -Ceiling and visibility minimums 2-engine or less Minimum More than From— T o - Course and 2-ëngine, distance altitude Condition (feet) 65 knots More than more than or less . 65 knots 65 knots Î Wolcottsville Int...... GB LOM...... Via B U LOM 2400 300-1 300-1 1 200-% Buffalo V O R ...... GB LOM______2400 C-dn 400-1 500-1 500-1% Crystal Beach Int...... _...... GB LOM (final) . V iaB U F VOR *1600 S-dn-6#...... 400-1 400-1 400-1 R 250° and SW A-dn...... 7 800-2 800-2 800-2 crs ILS. Grand Island Int...... 1...... 1...... GB LOM_____ 2400 Radar available. Procedure turn S side SW crs, 232° Outbnd, 052° Inbnd, 2400' within 10 miles of GB LOM. No glide slope. Minimum altitude over GB LOM on final approach crs, 1600'. Crs and distance, GB LOM to Runway 5 ,0S2°—4.8 miles. If visual contact not established upon descent to authorized'landing minimums or if landing not accomplished within 4.8'miles after passing GB LOM, make left-climbing turn to 2400', intercept and proceed Outbnd on Buffalo VOR, R 302° to Grand Island Int. Hold NW, 1-minute, right turns, 122° Inbnd, or when directed by ATC. climb to 2000' on 052° crs, proceed to BU LOM. Hold NE BU LOM, 1-minute right turns, 232° Inbnd. N ote: Back crs unusable beyond 16 miles. ♦Maintain 2400' until established Inbnd on ILS SW crs. #400-% authorized, except for 4-engine turbojet aircraft, with operative high-intensity runway lights. MSA within 25 miles of GB LOM: 020°-110°—2600'; 110°-200°—3900'; 200°-020°—2400\ City, Buffalo; State, N.Y.; Airport name, Greater Buffalo International; Elev., 723'; Fac. Class., ILS; Ident., I-BTJF; Procedure No. LOC (BC) Runway 5, Arndt. 10; Eff. date, 9 Nov. 67; Sup. Arndt. No. LOC(BC) Runway 5, Arndt. 9; Dated. HSV VOR...... CWH R Bn...... 2600 300-1 300-1 200-% Owens Int...... CWH RBn...... 3000 C-dn# 500-1 500-1 500-1% Bluff City Int...... CWH R B n ....______2600 200-% 200-% 200-% DCU VO R .....______*...... CWH R B n ...... 2600 600-2 600-2 600-2 Tanner Int______CWH R B n...... 2600 Bethel Int...... CWH RBn...... 2600 Procedure turn W side of N crs, 359° Oubnd, 179° Inbnd, 2600' within 10 miles of Capshaw RBn. Minimum altitude over Capshaw RBn on final approach crs, 2600'. Crs and distance, Capshaw RBn to airport, 179°—7.3 miles. Minimum altitude at glide slope interception Inbnd, 2600'. Altitude of glide slope and distance to approach end of runway at OM, 1816'—4.3 miles; at MM, 827'—0.6 m ile., If visual contact not established upon descent to authorized landing minimums or if landing not accomplished, climb to 2600', proceed out S crs HSV ILS to Bluff City Int, enter holding pattern or, when directed by ATC, turn right, climb to 2600', proceed direct to DCU VOR, enter holding pattern. #600' ceiling required when glde slope not utilized. *600-% required when glide slope not utilized. Reduction not authorized: MSA within 25 miles of CWH RBn: 000°-090°—2600'; 090°-180°—3000'; 180°-270°—2000'; 270°-360°—2000'. City, Huntsville; State, Ala.; Airport name, Huntsville-Madison County (New); Elev., 629'; Fac. Class., ILS; Ident., I-HSV; Procedure No. ILS Runway 18R, Arndt. Orig.T Efl. date, 11 Nov. 67 HSV V O R ...... CWH R Bn...... 2600 300-1 300-1 200-% CWH RBn...... 2600 C-dn 600-1 500-1 500- 1% S—dn-36L*_ ____ 400-1 400-1 400-1 A-dn______800-2 800-2 800-2 Procedure turn W side of S crs, 179° Outbnd, 359° Inbnd, 2400' within 10 m iles of Bluff City Int. Minimum altitude over Bluff City Int, on final approach crs, 2400'. Crs and distance, Bluff City Int to airport, 359°—5.4 miles. - - , If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 5.4 miles after passing Bluff City Int, climb to 2600', proceed out N crs HSV ILS to Capshaw RBn, enter holding pattern or, when directed by ATC, turn left, climb to 2600', proceed direct to DCU VOR, enter holding pattern. *400-% authorized with operative HIRL, except for 4-engine turbojets. City, Huntsville; State, Ala.; Airport name, Huntsville-Madison Gounty (New); Elev., 629'; Fac. Class., ILS; Ident., I-HSV; Procedure No. LOC(BC) Runway 36L, Amdt; ■■ ■ Orig.; Eff. date, 11 Nov. 67 LMTVOR...... LFA RBn __ 8500 T-dn% 300-1 300-1 200-% LFA R B n ...... 7500 800-1 800-1 800- 1% LMT VOR 17-mile DME Fix, R 162° LMT VOR 17-mile DME Fix, R 140°. 17-mile DME Arc. 8500 S-dn-32#*...... 300-% 300-% 300-% counterclockwise. A-dn...... 800-2 800-2 800-2 LMT VOR 17-mile DME Fix, R 140°...... LFA RBn (final)...... Direct.. .£ ______7000 Procedure turn S side of crs, 139° Outbnd, 319° Inbnd, 7500' within 10 miles of LFA RBn. Minimum altitude at glide slope interception Inbnd, 7000'. Altitude of glide slope and distance to approach end of runway at OM, 6042'—5.8 miles; at MM, 4350'—0.6 mile.. . . w0 If visual contact not established upon descent to authorized landing minimums or if landing not accomplished, climb straight ahead on runway heading to 4600' thence a climbing left turn direct to LFA RBn, continue climb on SE crs LMT localizer to 7500' within lOmiles of LFA RBn or, when directed by ATC, climb direct to LM i v u , turn left and climb to 7500' on R 256°, LMT VOR within 10 miles. All maneuvering N of R 256°. Caution: High terrain all quadrants. „. %Takeoffs all runways: Climb via LMT localizer SE crs/LMT VOR R 140° to 6000', then turn right heading 250° to intercept and proceed via LMT VOR R 162 to cr LMT VOR at or above 7000'; westbound V122, 6000'. %200-% authorized only Runway 14. 300-1 required Runway 32. 500-1 required Runways 7/25 and 18/36. #Air Carrier N ote: Sliding scale for landing not authorized. •Procedure not authorized with glide slope inoperative. The ALS is not a component of LMT ILS. MSA within 25 miles of LFA RBn: 000°-090°—8300'; 090°-360°—9300'. City, Klamath Falls: State, Oreg.; Airport name, Kingsley Field; Elev., 4092'; Fac. Class., ILS; Ident., I-LMT; Procedure No. ILS Runway 32, Amdt. 7; Eff. date, 9 Nov. Sup. Amdt. No. ILS-32, Amdt. 6; Dated, 2 Oct. 65 FEDERAL REGISTER, VOL. 32, NO. 204— FRIDAY, OCTOBER 20, 1967 RULES AND REGULATIONS 14597 ILS Standard instrum ent Approach P rocedure— Continued Transition Ceiling and visibility minimums 2-engine or less More than Minimum 2-engine, Course and Condition From— To— altitude more than distance (feet) 66 knots More than 65 knots or less 65 knots 500-1 500-1 Evington RBn (final) Direct. 2900 T-dn-6 and 3* . vj 500-1 Hurtlnt 300-1 200-% ...... Evington RBn_____ Direct. 3000 T-dn-35,24,21, 300-1 Goose Iht------Evington RBn_____ Direct. 2900 and 17. Lynchburg VOR Direct. 3000 C-dn%...... 700-1 700-1 700-1% Sweetbriar Int. - ¡ Evington RBn------200- 200-% Evington RBn (final) Direct 2900 S-dn-3%...... — 200-% Yt Sycamore Int---- Direct 3000 A-dn%...... 700-2 700-2 700-2 Concord Int------Evington RBn------Evington RBn_____ Direct 3000 When glide slope not utilized: Moneta Int.:---- - Direct 3000 S-dn-3%...... I 400-%| 400-%j 400-% Elon Int-, Evington RBn------ Procedure turn E side of crs, 212° Outbnd, 032° Inbnd, 2900' within 10 miles of EVI RBn. Minimum altitude over Evington RBn on final approach crs, 2883 . Minimum altitude at glide slope interception Inbnd, 2900'. Crs and distance, Evington RBn to airport, 032 —7.2 miles. lrtR2, _ 0 6 m}le 207° JnDna,Inbnd, 1-minute,l-minuie, leftlen turns.nuuo. _ „ _ . . ■ Note- Procedure turn not required if Hurt Int or Sycamore Int is received. 1« « « ^ y. ***, !»»»**»»n., ».a «t«™« minimum« not authorized when control zone not eflective. Use Roanoke altimeter. City, Lynchburg; State, Va.; Airport name, Lynchburg ELS-3,^^dL*3; Dated,^16^6 0 ^^ ' ^ ILS 3> Amdt' 2000 T-dn *...... 300-1 300-1 200-% MEI VORTAC 2000 C-dn______500-1 600-1 600-1)4 Stratton M . __ 2000 S-dn-1 ** #...... 300-% 300-% 300-% Decatur Int„„¿ 2000 A-dn...... -...... 600-2 600-2 600-2 Newton Int__'¿s Direct...... 2000 Rose Hill Int__ 2000 EWA VOR....: LOM (HW)______-...... — Direct------ Radar available. .... ____ ...... •, Procedure turn E side of S crs, 184° outbnd, 004° Inbnd, 2000' within 10 miles. Minimum altitude at glide slope interception Inbnd, 1700'...... , n R 225° MEI VORTAC within 15 miles or, when directed by ATC, climb to 2000' proceed direct to MEI VORTAC, then on R 310 , Mfcl VUK1 AO wunin 10 mues. Note: Takeofls with less than 200-% not authorized on Runways 5 and 23. No approach lights. Overrun lights and high-intensity runway lights only on Runways 1 19. Runways _Vl-2 7 Ciosea. C a u t io n : Trees 600'* 2 miles E of airport. 1000' tower, 2.5 miles E of airport. 880 P a n t or* n rm ^ h lp 1500-1 (RVR 5000') required when glide slope not utilized. Reduction below % mile (RVR 4000') not authorized. Back crs unu.able. *RVR 2400' authorized Runway 1. **RVR 4000': absolute ceiling 300'. MSA within 25 miles of LOM: 000°-090° -2100'; 090o-180°—1900'; 180°-270°—1700'; 270°-360°—2000'. C ity , M eridian ; State ,Miss.; Airport name, Key Field; Elev., 297'; Fac. Class,ILS; Ident.,I-MEI; Procedure No. ILS Runway 1, Arndt. 12; Eft. date, 11 Nov. 67; Sup. Arndt. No. ILS-1, Arndt. 11; Dated, 1 Oct. 66 PROCEDURE CANCELED, EFFECTIVE II NOV. 1967. City, Youngstown; State, Ohio; Airport name, Youngstown Municipal; Elev., 1196'; F m . Class., ILS; Ident., I-YNG; Procedure No. ILS-14, Arndt. 5; Eft. date, 10 Apr. 65; ’ ' Sup. Arndt. No. 4; Dated, 25 May 63 5. By amending the following radar procedures prescribed in § 97.19 to read: R adar Standard I nstrument Approach P rocedure . Bearings, headings, courses and radlals are magnetic. Elevations and altitudes are in feet, MSL. Ceilings are In feet above airport elevation. Distances are In nautical miles unless otherwise indicated, except visibilities which are in statute miles...... „pwoduro nnle«s an annroach is conducted . H a radar Instrument approach is ind ucted at the below named airport. It shall be in accordance with the Allowing instrument, p r < ^ d ^ , u t í ^ In accordance with a different procedure for such airport authorized by the Administrator of the Federal Aviation Agency. Initial approaches routes. Minimum altf' ' ' ' c | ------j §------¡*— lished with the radar i (A) visual contact Is estaDiisnea on nnai approacn at or ueiore uesuem. w w o »u.u«.™ u ...... cz hóiow wh«n í Al communication the approach, except when the radar controller may direct otherwise prior to final approach, arms««! aPPr»ach_ shall be«nm tedlaa• ^ ° w w h e n (A) wm nm m m ion on final approach Is lost for more than 5 seconds during a precision approach, or for more than 3« seconds during » surveillance approach, (B) directed Dy radar controller, \C) visual contact is not established upon descent to authorized landing mínimums; or (D) If landing is not accompnsnea. Radar terminal area maneuvering sectors and altitudes Ceiling and visibility minimums 2-engine or less More than 2-engine, From To Dist. Alt. Dist. Alt. Dist. Alt. Dist. Alt. Dist. Alt. Dist. Alt. Condition more than 65 knots More than 65 knots or less 65 knots eillance approach T-dn...... -- 300-1 300-1 200-% *360 500-1 500-1% **196 359 C-dn— ...... 400-1 S-dn-21, 03,13, 400-1 400-1 400-1 31#. 400-1 400-1 500-1% A-dn...... 800-2 800-2 800-2 ^“ |Badarcontror will provide 1000' FEDERAL REGISTER, VOL. 32, NO. 204— FRIDAY, OCTOBER 20, 1967 14598 RULES AND REGULATIONS Radar Standard I nstrument Approach P rocedure—Continued Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet, M SL. Ceilings are in feet above airport elevation. Distances are In nautical miles unless otherwise indicated, except visibilities which are in statute miles. rc 111 uautlcai 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 inawWdMice with a different procedure for suchairport authorized by the Administrator of the Federal Aviation Agency. Initial approaches shall be made over specified Mtaimum altitude(s) shaU correspond with those established for en route operation in the particular area or as set forth below. Positive identification must be estah- 'with the radar controller. From initial contact with radar to final authorized landing minimums, the instructions of the radar controller are mandatory exceDt when (A) visual contact is established on final approach at or before descent to the authorized landing minimums, or (B) at pilot’s discretion if it appears desirable to discontinue the approach, except when the radar controller may direct otherwise prior to final approach, a missed approach shall be executed as provided below when (A) communication 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. * controller, Transition Ceiling and visibility minimums 2-engine or less Minimum More than From— T o - Course and 2-engine, distance altitude Condition (feet) 65 knots More than more than or less 65 knots 65 knots 1 I Within: Precision approach 000' 360° 20 miles... 2000 S-dn-6_.______200-% 200-%| 200-y2 045' 345° 20-40 miles. 3000 S-dnr-18, 36...... 300-% 300-%| 300-% 345' 045° 20-40 miles. 4000 A-dn______600-2 600-2 600-2 Surveillance approach T-dn...... 300-1 300-1 200-% C-dn-6, 24, 36_._ 500-1 600-1 600-1% C-dn-18...... 600-1 600-1 60O-1M S-dn-6, 24, 36#.. 400-1 400-1 400-1 S-dn-18*______600-1 600-1 600-1 A -dn...... 800-2 800-2 800-2 All hearings and distances are from radar antenna with sector azimuth progressing clockwise. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished: Runways 6, 36, turn right (KUnways 18, 24, turn left), climb to 2000 on R 165 OZR VOR to Hartford Int, hold SW, 1-minute right turns, or when directed by ATC (Runways 6,36, turn right; Runways 18, 24, turn left), climb to 2000’ on R 085 OZR VOR to D E N VORTAC, hold SE on R 150 D H N VORTAC, 1-minute left turns. Notes: Authorized for military use only except by prior arrangement. #400-% authorized, with operative high-intensity runway lights, except for 4-engine turbojets. ‘Reduction not authorized. ** City, Fort Rucker; State, Ala.; Airport name, Cairns AAF; Elev., 305; Fac. Class, and Ident., Cairns Radar; Procedure No. 1, Arndt. 8; Eff. date, 11 Nov. 67; Sup. Arndt. No. 1, Arndt. 7; Dated, 12 Mar. 66 Precision approach T-dn%------300-1 300-1 200-% C-dn___ ... 800-1 800-1 800-1% S-dn-14/32#. 300-% 300-% 300-% A-dn_____ 800-2 800-2 800-2 If visual contact not established upon descent to authorized landing minimums or if landing not accomplished: Runway 32—Climb direct to LMT VOR, thence turn left climb to 7500’ on R 256° LMT VOR within 10 miles. All maneuvering N of R 256*. Runway 14—Climb to 7500' direct to LFA RBn or, when directed by ATC, climb direct to LMT VOR, turn right, climb to 7500' on R 256° LMT VOR within 10 miles. AE maneuvering N or R 256°. Caution: High terrain all quadrants. PAR monitored ILS approaches not approved. %Takeofls all runways: Climb via LMT ILS localizer SE crs/LMT VORTAC R140° to 6000', then turn right heading 250° to intercept and proceed via LMT VOR, R 162 to cross the LMT VOR at or above 7000'; westbound V-122, 6000'. %200-W authorized only on Runway 14. 300-1 required Runway 32. 500-1 required Runways 7/25 and 18/36. #Aib Cabbies Note: Sliding scale for landing not authorized. City, Klamath Falls; State, Oreg.; Airport name, Kingsley Field; Elev., 4092'; Fac. Class, and Ident., Klamath Falls Radar; Procedure No. 1, Arndt. 1; Eff. date, 9 Nov. 67; Sup. Arndt. No. 1, Orig.f Dated, 26 Nov. 66 These procedures shall become effective on the dates specified therein. -(Secs. 307(c), 313(a), 601, Federal Aviation Act of 1958 (49 U.S.C. 1348(c), 1354(a), 1421; 72 Stat. 749, 752, 775)) Issued in Washington, D.C., on October 4,1967. W. E. R o g ers, Acting Director, Flight Standards Service, [F.R. Doc. 67-12070; Filed, Oct. 19, 1967; 8:45 a.m.] Chapter II— Civil Aeronautics Board tation to the requirements of existing portation, other than helicopter service Part 234. or community center or interairport SUBCHAPTER A— ECONOMIC REGULATIONS Interested persons were afforded an service, within or among any of the 48 [Reg. ER-513] opportunity to participate in the making mainland States of the United States ana PART 234— FLIGHT SCHEDULES OF of this rule, but no comments were re District of Columbia or between points ceived. Therefore, the Board will now within Hawaii with respect to all flights, CERTIFICATED AIR CARRIERS; REAL make final the rule as proposed. other than all-cargo flights, sch ed uled ISTIC SCHEDULING REQUIRED Accordingly, the Civil Aeronautics and performed in such transportation. Provided, That the provisions of § 234.8 Withdrawal of Exemption of Intra- Board hereby amends Part 234 of its shall apply also to such air transporta Hawaiian Air Transportation Economic Regulations (14 CPR Part 234) tion by route air carriers between any Adopted by the Civil Aeronautics effective December 1, 1967,1 as follows; point in Hawaii or Alaska and any Board at Its office in Washington, D.C., 1. Amend § 234.2 to read as follows: in any of the 48 mainland States or tne on the 4th day of October, 1967;— § 234.2 Applicability. District of Columbia. This part does no By notice of proposed rule making is apply to supplemental air carriers or to This part applies to any route air Swi+v»« .Air» f*lr n V» A m n M G T1 A T I sued August 14, 1967, EDR-123, Docket carrier certificated pursuant to section 18378, and published at 32 F.R. 11883, 2. Amend § 234.8 (a) and (b) to read 401(d) (1) or (2) of the Federal Aviation as follows: the Board advised of its intention to Act insofar as it is engaged in air trans- amend Part 234 of the Economic Regu §234.8 Reporting of schedule arrival lations to withdraw the present exemp performance. 1 For administrative convenience, we shall (a) Each certificated route air carrier tion of intra-Hawaiian air transporta make the reporting requirement effective on tion and thereby subject such transpor the first day of the month. scheduling nonstop passenger flights (1) FEDERAL REGISTER, VOL. 32, NO. 204— FRIDAY, OCTOBER 20, 1967 RULES AND REGULATIONS 14599 better, the silver returned will be in the between any of the 100 top-ranking pairs Title 31 — MONEY AND form of unmarked bars, or an unmarked of points in terms of revenue-passenger piece cut from a bar, approximating as volume as set forth in Table 4 in the closely as practicable, but not more than, Board’s Domestic Origin-Destination FINANCE: TREASURY the fine silver content of the deposit. Any Survey of Airline Passenger Traffic, or Chapter I— Monetary Offices, Depart fluff silver remainder, due the depositor, (2) between the State of Hawaii or ment of the Treasury will be purchased at the price then being Alaska, on the one hand, and points in paid for silver contained in gold bullion the 48 contiguous States, on the other PART 90— TABLE OF CHARGES AT THE under § 92.6, except that not more than hand, or within the State of Hawaii, "with MINTS AND ASSAY OFFICES OF 1,000 ounces of silver shall be purchased a passenger volume, as determined from THE UNITED STATES in any one month at any one mint in the International Origin-Destination stitution without special authorization. Survey of U.S.-Flag Airline Passenger PART 92— BUREAU OF THE MINT Appropriate instructions will be com Traffic, greater than the 100th ranked PROCEDURES AND DESCRIPTIONS municated by the Director of the Mint pair in the Domestic Survey described OF FORMS to Mint Field Offices. in subparagraph (1) of this paragraph,. shall, with respect to any such flights for Miscellaneous Amendments (R.S. 161; 5 U.S.C. 22) each month, file in duplicate with the Henceforth the Bureau of the Mint Effective date. These amendements Board a “Monthly Report of Schedule will accept deposits of silver bullion not shall become effective upon filing with Arrival Performance on Designated Pas eligible for deposit under § 92.4 of the the Office of the Federal Register. senger Plights,” CAB Form 438 (Rev. 12- regulations in exchange for silver bars 64): * Provided, That such report shall [ s e a l ] F. W. T a t e , 0.996 fine or better. Acting Director of the Mint. not be required with respect to flights Sections 90.3, 90.4 and 92.5 are being between any pair of points which are amended to accord with this policy. Be Approved: October 18,1967. less than 200 miles apart. The same infor cause of the nature and purpose of these F red B. S m i t h , mation may be submitted on any compar amendments and the necessity of mak ~ General Counsel. able form prepared on automatic data ing them effective immediately, it is [F.R. Doc. 67-12488; Filed, Oct. 19, 1967; found that notice and public procedure /■ 10:54 a.m .] processing equipment. Such substitute are impracticable, unnecessary and con form shall be subject to Board approval trary to the public interest. The amend and shall also be submitted in duplicate ments are effective immediately. and contain the same column headings lr “Class B” of § 90.3 is hereby Title 7— AGRICULTURE arranged in the same sequence as CAB amended to read as follows Chapter VII— Agricultural Stabiliza Form 438. During any period that a car § 90.3 Parting and refining charge (rate rier’s obligation to provide service be per gross troy ounce or fraction). tion and Conservation S e rv ice tween a pair of points is suspended by ***** (Agricultural Adjustment), Depart the Board, the report need not be filed Class B—Silveb Bullion F ree F rom Gold ment of Agriculture for such pair of points. The report shall Charge SUBCHAPTER B— FARM MARKETING QUOTAS be filed within 45 days of the end of Silver Content: (cents) AND ACREAGE ALLOTMENTS 600 thousandths or less ------12 [A m d t. 13] the month which it covers and shall be 600% to 850 thousandths ------9 certified to be correct by a responsible 850% to 995% thousandths ------■- 4 PART 719— RECONSTITUTION OF officer of the reporting carrier. * * * * * FARMS, ALLOTMENTS, AND BASES (b) The pairs of points on which re 2. The title for § 90.4(b) is hereby ports are to be filed are shown in the changed as follows: Miscellaneous Amendments “List of City Pairs for Use in Reporting § 90.4 Bar charges. Basis and purpose. This amendment is on CAB Form 438” issued by the Board. issued pursuant to the Agricultural * * * * * Adjustment Act of 1938, as amended (52 Whenever the Surveys referred to in (b) Charges on silver bars (0.996 or Stat. 31, as amended,' 7 U.S.C. 1281 et paragraph (a) of this section show a higher fineness) sold, or issued in ex seq.), section 124 of the Soil Bank Act (7 change in the top-ranking pairs, the change for silver bullion. * * * UB.C. 1812), section 602 of the Food and Board will issue a revised reporting'list (R.S. 3524, R.S. 3546; 31 U.S.C. 332, 360) Agriculture Act of 1965 (7 U.S.C. 1838), and the Soil Conservation and Domestic indicating the date on which it is to 3. Section 92.5 is hereby amended to become effective. Allotment Act, «s amended (16 U.S.C. read as follows: 590 g-p). This amendment (1) revises Note: The reporting requirements con § 92.5 Deposit of silver for return in bar the definition of the term “landlord” and tained herein have been approved by the Bu reau of the Budget in accordance with the form . adds a definition of the term “represent Federal Reports Act of 1942. Silver bullion not eligible for deposit ative of the county committee”, (2) spec ifies when land on a farm covered by a (Sec. 204(a), 72 Stat. 743, 49 U.S.C. 1324. In under § 92.4 may be deposited at any mint or assay office for return in the Cropland Adjustment or Cropland Con terpret or apply secs. 102(d), 404(a), 405(b), version Program agreement under which 407, and 411, 72 Stat. 740, 49 U.S.C. 1302; 72 form of silver bars 0.996 fine or better: Stat. 760, 49 U.S.C. 1374; 72 Stat. 760, 49 Provided, That such silver contains not a specific commodity is diverted may be U.S.C. 1375; 72 S ta t. 766, 49 U .S.C . 1377; 72 less than 600 parts of silver in 1,000 and combined with other land, (3) provides Stat. 769, 49 U.S.C. 1381) not more than 100 parts of gold in 1,000. that reconstitutions shall not be made if a division is for the primary purpose of By the Civil Aeronautics Board. (The gold content of such deposits if eli gible for purchase under § 54.38 of this obtaining small farm cotton allotments, ( seal] H arold R . S a n d e r s o n , chapter is paid for at the price set forth in (4) makes it clear that the effective date Secretary. § 54.45 of this chapter; no return is made of a reconstitution may be made retro [F.R. Doc. 67-12413; Filed, Oct. 19, 1967; for base metal contained in the deposit.)" active in any case where the farm was 8 :4 6 a m .] No mint stamped silver bar weighing less previously reconstituted on the basis of than 100 gross troy ounces is issued. If misrepresentation by a producer, (5) CAB Form 438 (Rev. 12-64) is filed as part a silver deposit containing less than 100 provides the manner in which the min " the original document and can be obtained fine ounces of silver is deposited for re imum allotment provisions shall be appli from the Publications Section, Civil Aero- hautics Board, W ashington, D.C. 20428. turn in the form of silver 0.996 fine or cable when divisions are made by the FEDERAL REGISTER, VOL. 32, NO. 204— FRIDAY, OCTOBER 20, 1967 14600 RULES AND REGULATIONS estate or owner-designation methods or changing paragraph (c) to read as when allotments are varied among tracts follows: termines a fair and equitable division of after a division made under any method, the wheat allotment could not be made (6) provides a method by which certain § 719.7 Reconstitution of farm allot using the cropland or history methods. wheat farms may be reconstituted, (7) ments, history acreage, and farm ***** eliminates references to small farm bases bases. 5. Section 719.9 of the regulations is for wheat farms, (8) provides for the ***** amended to read as follows: transfer of pooled upland cotton allot (b) Effective date of reconstitu ment by sale, lease, or owner, and (9) tions. * * * § 719.9 Rules for determining farm bases, farm allotments, and history lists crops subject to acreage restriction (3) Conservation Reserve, Cropland acreages where reconstitution is by on federally owned land under restrictive Conversion, and Cropland Adjustment combination. lease. Programs, (i) A combination shall not Since farmers will soon be seeding be effective for purposes of the Con If two or more farms or parts of farms their 1968 wheat crop in the winter servation Reserve, Cropland Conversion, are combined for the current year, the wheat area, it is essential that this and Cropland Adjustment Programs current year’s allotments, farm bases, amendment be made effective as soon as (CRP, CCP, and CAP) for the current history acreages, planted acreages, and possible in order to have this amendment program year if it would Cause non- acreages considered planted for the years apply to that crop. Accordingly, it is compliance with the contract or agree in the base period for the respective com hereby determined and found that com ment. (ii) A division shall be effective for modities for the reconstituted farm shall pliance with the notice, public proce purposes of the CRP, CCP, and CAP for be the sum of the allotments, farm bases, dure and 30-day effective date require the current program year unless (a) all history acreages, planted acreages, and ments of 5 Ü.S.C. 553 is impracticable land in the parent farm is continued in acreages considered planted for each of and contrary to the public interest and the CRP, CCP, and CAP and (b) the divi the tracts comprising the combination, this amendment shall be effective upon sion would cause noncompliance with the subject to the provisions of § 719.7(c). publication in the F ederal R egister. contract or agreement. ^ 6. Section 719.11 of the regulations is The regulations in Part 719—Recon amended by changing paragraph (e) to ***** read as follows: stitution of Farms, Allotments, and (5) Misrepresentation. Notwithstand Bases (29 F.R. 13370, as amended) are ing any other provisions of this section, § 719.11 Pooling and transfer of farm amended as follows: if the county committee determines that acreage allotments and feed grain 1. Section 719.2 of the regulations is the farm was reconstituted because of a bases where the farm owner is dis amended by changing paragraph (m) misrepresentation by a producer, the placed by an agency having the right and adding a new paragraph (z) to read farm shall be properly reconstituted, and of eminent domain. as follows: the effective date of such reconstitution * * * * * § 719.2 Definitions. for all purposes shall be retroactive to (e) Release of pooled allotment. Not * * * * * the date the farm was improperly re withstanding the provisions of paragraph (m) Landlord. An owner who rents or constituted. (c) of this section, during any year that leases, or a tenant who subleases, farm (c) Maximum and minimum provi the allotment is pooled and has not been land to another person. sions, adjustments, and release and re transferred to another farm, the dis apportionment. (1) Allotments for re placed owner may (1) transfer upland ***** constituted farms resulting from the cotton pooled allotments (i) on a per (z) Representative of the county com- divisions or combinations of parent farms manent basisoinder section 344a of the .mittee, A member of the county commit in accordance with the regulations in Agricultural Adjustment Act of 1938, as tee or any employee of the county com this part are subject to m axim um and amended, or (ii) on a temporary basis mittee. minimum allotment provisions and to by lease or by owner under section 344a 2. Section 719.3 of thé regulations is adjustments from allotment reserves for of such Act for one or more years but not amended by changing paragraph (b) (8) the commodity and released farm allot to exceed the period for which such allot and adding a new paragraph (d) (6) to ments as provided in the regulations gov ments remain in existence as pooled al read as follows: erning the determination of farm acreage lotments, and (2) in accordance with allotments for the commodity. (2) Not applicable commodity regulations, re § 719.3 Farm constitution. withstanding the provisions of subpara lease for 1 year at,a time any part or all * * * * * graph (1) of this paragraph, the mini of such pooled allotment to the county (b) Farms constituted for the firstmum allotment for upland cotton and committee for reapportionment to other time or reconstituted hereafter. * * * burley tobacco shall be the allotment farms in the same county having allot (8) Land covered by a cropland ad established for each tract after the divi ments for such commodity. Such reap justment or cropland conversion program sion (where such allotment is equal to portionment shall be on the basis of the agreement unless (i) the specific com or less than the statutory minimum) in past acreage of the commodity, land, modity diverted under the agreement is case of divisions made by the èstate or labor, and equipment available for the also diverted under a cropland adjust owner-designation methods or w h e n production of the commodity, crop-rota ment or cropland conversion program variations in allotments are made among tion practices, and soil and other physi agreement covering the other land and tracts after a division under any method. cal facilities affecting the production of having the same expiration date, or (ii) * * * * * the commodity; and the allotment reap the other land does not have an allot portioned shall not, for purposes of estab 4. Section 719.8 of the regulations is lishing future farm allotments, be re ment or base of the same commodity. amended by changing paragraph (h) to ***** garded as planted on the farm to which read as follows: the allotment was reapportioned. Allot (d) Required reconstitutions. * * * § 719.8 Rules for determining farm ments may not be permantly released or (6) Notwithstanding any other pro bases, farm allotments and history surrendered to the State committee for visions of this paragraph, no reconstitu acreages where reconstitution is made reapportionment to other counties. tion shall be made if the county commit by division. • * * • * * * tee determines that the primary purpose * * * * * of the request is to establish eligibility 7. A new § 719.15 is added to the reg (i) to transfer upland cotton allotments (h) Divisions involving tract(s) losing ulations to read as follows: by sale or lease or (ii) for small farm small farm wheat history when pre viously combined. The county committee § 7 1 9 .1 5 Federally-owned land under benefits under the upland c o t t o n restrictive lease. program. may determine a fair and equitable divi sion of the wheat allotment based upon (a) General. It is the policy of the 3. Section 719.7 of the regulations is United States to prohibit the cultivation allotments established for the tracts in of crops of price-supported commodities amended by changing paragraph (b) (3), the years immediately preceding the in surplus supply on farmland leased adding a new paragraph (b)(5), and combination if the county committee de- from the United States. FEDERAL REGISTER, VOL. 32, NO. 204— FRIDAY, OCTOBER 20, 1967 RULES AND REGULATIONS 14601 (b) Price-supported commodities in filing it with the Director, Office of the temporary cash investments; from wars, Federal Register. earthquakes and similar calamities and surplus supply. It has been determined catastrophies, which are not a recur that the following price-supported com By the Commission, Railroad Service rent hazard of the business and which modities are in surplus supply: Cotton Board. are not usually covered by insurance; (upland and extra-long staple), com, [ s e a l ! H . N e i l G a r s o n , from change in application of account grain sorghum, rice, wheat, peanuts, dry Secretary. ing principles; and from prior period edible beans, and tobacco of the kinds items (other than ordinary adjustments for which acreage allotments are in [F.R. Doc. 67-12418; Filed, Oct. 19, 1967; of a recurring nature). Material items effect. 8 :4 7 a.m .[ are those which unless excluded from (Secs 374 375, 52 Stat. 65, as amended, 66, ordinary income, would distort the ac as amended; sec. 124, 70 Stat. 198; sec. 602, [No. 32156] counts and impair the significance 79 Stat. 1206; sec. 4, 49 Stat. 164; 7 U.S.C. of ordinary income for the year. Items 1374, 1375, 1812, 1838; 16 U.S.C. 590d) PART 28T— COMMON AND CON so excludable from ordinary income are Effective date : Upon publication in the TRACT CARRIERS OF PASSEN to be entered in the income accounts Federal R egister. GERS provided for extraordinary and prior Signed at Washington, D.C., on Oc Uniform System of Accounts; Class I period items upon approval or direction of the Commission. tober 16, 1967. Motor Carriers (b) In determining materiality, items H. D. G odfrey, Administrator, Agricultural Sta Order. At a session of the Interstate of a smilar nature should be considered Commerce Commission, Division 2, held in the aggregate ; dissimilar items should bilization and Conservation be considered individually. As a general Service. ■ at its office in Washington, D.C., on the 18th day of September 1967. standard, an item to qualify for inclu [F.E. Doc. 67-12424; Filed, Oct. 19, 1967; On July 19, 1967, notice of proposed sion as an extraordinary , or prior period 8 :4 7 a.m .] rule making regarding proposed amend item shall exceed 1 percent of total op ments of the Uniform System of Ac erating revenues and 10 percent of counts for Class I Common and Contract ordinary income for the year. Motor Carriers of Passengers, pertaining (c) Adjustments constituting items of Title 49— TRANSPORTATION to the accounting treatment of extraor a character typical of customary busi Chapter I— Interstate Commerce Com dinary and prior period items in the ness activities or corrections or refine ments resulting from the natural use of mission and Department of Trans lished in the F ed e r a l R e g is t e r (32 F.R. 10603). After consideration of all such estimates inherent in the accounting portation relevant matter as was submitted by process, including those arising from SUBCHAPTER A— GENERAL RULES AND interested persons, the amendments as so disposal of a unit of property sold or re REGULATIONS proposed are hereby adopted. tired in the regular course of business [S.O. 966—A] It is ordered, That the amendments to operations, shall not be considered ex Part 281 as proposed are adopted with traordinary or prior period items regard PART 195— CAR SERVICE out change. less of amount. It is further ordered, That these Item No. 2. Instruction “10 Current Northern Pacific Railway Co. Author amendments are effective January 1, ized To Operate Over Trackage of assets” is amended by revising para 1967. graph (b) as follows: Union Pacific Railroad And it is further ordered, That service § 281.02—10 Current assets. At a session of the Interstate Com of this order shall be made on all Class I merce Commission, Railroad Service Common and Contract Motor Carriers of ***** Board, held in Washington, D.C., on the Passengers which are affected hereby .(b) Adjustments to accomplish the 16th day of October A.D. 1967. and notice thereto shall be given the writing down of items of doubtful value Upon further consideration of Service general public by depositing a copy of not covered by reserves shall be made Order No. 966 (30 F.R. 12294, 31 F.R. this order in the Office of the Secretary through account 4680, Uncollectible Rev of the Commission at Washington, D.C., enues, account 7500, Other Deductions, 4894, 31 F.R. 16152, 32 F.R. 8678) and and by filing the order with the Director, or other appropriate ordinary income good cause appealing therefor: Office of the Federal Register. account. It is ordered, That: (Secs. 204, 220, 49 Stat. 546, 563 as amended; Item No. 3. Instruction “ 12 Discount ; Section 195.966 Service Order No. 49 U.S.C. 304, 320) expense and premium on capital stock” 966 (Northern Pacific Railway Co. au By the Commission, Division 2. is amended by revising paragraph (c) as thorized to operate over trackage of follows: [ s e a l ] H . N e i l G a r s o n , Union Pacific Railroad) be, and it is Secretary. § 281.02—12 Discount; expense and pre hereby, vacated and set aside. mium on capital stock. I. Instructions amended: (Secs, l, 12, 15, and 17(2), 24 Stat. 379, Item No. 1. Instruction "7 Delayed ***** 383, 384, as amended; 49 U.S.C. 1, 12, 15, items” is revised to read as follows: (c) General levies or assessments and 17(2). Interprets or applies secs. against stockholders shall be credited to 1(10-17), 15(4), and 17(a), 40 Stat. 101, § 281.02—7 Extraordinary and prior pe the premium account for the particular as amended 54 Stat. 911; 49 U.S.C. 1(10-17), riod items. 15(4), and 17(2)) - - : class and series of capital stock so as (a) All items of profit and loss recog sessed, except that assessments with re It is further ordered, That this or nized during the year are includable in spect to nonpar stock without stated der shall become effective at 11:59 ordinary income except nonrecurring value shall be credited to the capital Pm., October 16, 1967; that copies of items which in the aggregate for the stock account. this order and direction shall be served same class are both material in relation * * * """1 * * upon the Association of American Rail to operating revenues and ordinary in Item No. 4. Instruction “13 Discount; come for the year and are clearly not expense and premium on long-term obli roads, Car Service Division, as agent of identified with or do not result from the the railroads subscribing to the car serv gations” is amended by revising the sec usual business operations of the year. ond sentence of paragraph (e) as follows: ice and per diem agreement under the Important items of the kind which terms of that agreement; and that no occur from time to time and which, § 281.02—13 Discount ; expense and pre tice of the order shall be given to the when material in amount, are to be ex mium on long-term obligations»- general public by depositing a copy in cluded from ordinary income are those ***** the office of the Secretary of the Com resulting from unusual sales of property (e) * * * At that time (unless other mission at Washington, D.C., and by and investment securities other than wise ordered by the Commission in the FEDERAL REGISTER, VOL. 32, NO. 204— FRIDAY, OCTOBER 20, 1967 No. 204— P t. I- 14602 RULES AND REGULATIONS case of an exchange of securities) the extraordinary item pursuant to instruc Amortization—Carrier Operating Prop portion of the balances in these accounts, tion 7, it shall be included in account erty, or to account 5100, Amortization of or subdivision for the particular class 9010, Extraordinary Items. Carrier Operating Property, as appro of long-term debt reacquired, shall be ***** priate. * * * transferred to account 6500, Other Non operating Income, or account 7500, (f) Intangibles. The accounting for Item No. 6. Account 1550 Other in the retirement of items included in ac tangible property is amended by revising Other Deductions, as appropriate. * * * paragraph (b) as follows: ***** count 1511, Franchises, account 1541, Patents, and intangible elements with Item No. 5. Instruction “14 Company § 281.1550 Other intangible property. limited terms included in account 1201, * * " * * * securities owned” is amended by revising Land and Land Rights, shall be as pro the second and last sentences of para vided in the texts of account 2600, Re (b) The carrier may amortize or write graph (b)(1) and all of paragraph serve for Amortization—Carrier Operat off the balance carried in this account (b) (2) as follows: ing Property, and account 5100, by credits hereto and concurrent charges Amortization of Carrier Operating to account 7500, Other Deductions, or § 281.02—14 Company securities owned. the entire amount carried herein for any ***** Property. (g) Sale of property. * * * The dif item may be written off to account 9010, (b) (1) * * * The difference between ference, if any, between (1) the net Extraordinary Items, pursuant to in the face value and the amounts actually amount of such debit and credit items, struction 31. paid for the reacquired obligations shall arid (2) the consideration received for Item No. 4. Account 1890 Other de be included in account 6500, Other Non the property, shall be included in account ferred debits is amended by revising the operating Income, or account 7500, Other 6500, Other Non-operating Income, or last sentence of paragraph (a) and delet Deductions, as appropriate. (See account 7500, Other Deductions, as ap ing paragraph (b) as follows: § 281.02-7.) Likewise, any unamortized propriate. (See § 281.02-7.) debt discount, expense or premium, ap § 281.1890 Other deferred debits. plicable to the reacquired obligations, ***** (a) * * * If projects in connection shall be adjusted through account. 6500 (h) [Deleted! with which such preliminary costs were or account 7500, as appropriate. Item No. 8. Instruction “31 Amortiza incurred are abandoned, the expense (2) When reacquired equipment and tion of intangibles” is amended by revis shall be charged to account 7500, Other other long-term obligations are resold by ing paragraph (a) as follows: Deductions, or account 9010, Extraordi nary Items, as appropriate. the carrier, the amount included in ac § 281.02—31 Amortization of intangibles. count 1920, Reacquired Securities, shall (b) [Deleted] be credited thereto and any difference (a) When it becomes reasonably evi ***** dent that the term of existence of an between the total-amount realized'from Item No. 5. Account 2000 Notes payable the sale (less related commissions and intangible, the cost of which is included is amended by revising “Note B” as expenses) and the credit to account 1920 in account 1550, Other Intangible Prop follows: shall be included in account 6500 or ac erty, has become limited or its value im count 7500, as appropriate, unless other paired, its cost shall be amortized or en § 281.2000 Notes payable. wise ordered by the Commission. tirely written off by charges to account * * * * * 7500, Other Deductions, depending on, Note B : Unmatured equipment obligations Item No. 6. Instruction “15 Book cost the remaining estimated period of use shall be included in account 2190, Equipment of securities owned” is amended by re fulness; or the entire cost, when qualify Obligations- and Other Debt Due Within One vising the last sentence of paragraph (b) ing as extraordinary pursuant to instruc Year, or account 2300, Equipment Obliga and adding paragraph (e) as follows: tion 7, may be written off by debiting ac tions, as appropriate. § 281.02—15 Book cost of securities count 9010, Extraordinary Items, with § 281.2500 [Amended] owned. concurrent credit to account 2600, Re Item No. 6. Account 2500 Reserve for ***** serve for Amortization—Carrier Operat ing Property. depreciation—Carrier operating property (b) * * * A reserve may be provided is amended by deleting paragraph (a) against declines in the value of securities ***** (2 ). by charges to account 7500, Other De n. Texts of balance sheet accounts amended: Item No. 7. Account 2600 Reserve for ductions, or account 9010, Extraordinary amortization—Carrier operating prop Items, as appropriate. (See § 281.02-7.) Item No. 1. Account 1511 Franchises is erty is amended by deleting the last sen ***** amended by revising the first sentence tence of paragraph (d) and revising (e) Profits and losses resulting from of paragraph (c) as follows: paragraph (a) and the second sentence the sale of securities of others shall be § 281.1511 Franchises. of paragraph (b) as follows: included in accounts 6500, Other Non ***** §281.2600 Reserve for amortization; operating Income, or 7500, Other Deduc carrier operating property. tions, as appropriate; or, when qualify (c) When any\franchises, permits, ing as extraordinary pursuant to instruc consents or certificates have expired, and (a) This account shall be credited with tion 7, shall be included in account 9010, are not immediately renewed, are sold or amounts charged to account 5100, Amor Extraordinary Items. otherwise disposed of, credits to this ac tization of Carrier Operating Property, count shall be made representing the or other appropirate account, for amor Item No. 7. Instruction “21 Operating amounts at which such items (including tization of the cost of acquiring lease property retired” is amended by deleting expenses of acquisition) are carried holds, franchises, consents, privileges, paragraph (h) and revising paragraphs herein. Concurrent charges shall be made patents, and other intangible property (d), (f), and the last sentence of para to account 2600, Reserve for Amortiza having a fixed term life. This account graph (g) as follows: tion—Carrier Operating Property, or shall also be credited with amounts § 281.02—21 Operating property retired. to account 5100, Amortization of charged to account 7500, Other De_ ***** Carrier Operating Property, as appro ductions, or account 9010, Extraordinary priate. * * * Items, as appropriate, for the amortiza (d) Land. When land is sold, the book ***** cost shall be credited to the land ac tion or writeoff of cost of acquiring per* count and ai>fr difference between the • Item No. 2. Account 1541 Patents is petual leaseholds and of intangible prop book cost and the sales price, less com amended by revising the second sentence erty which does not have a fixed term of paragraph (b) as follows: missions and expenses oh the sale, shall life. be adjusted through account 6500, Other § 281.1541 Patents. (b) * * * The difference between the Non-operating Income, or account 7500, * * * *- - * proceeds realized and the net book cost Other Deductions, as appropriate. How (b) * * * Concurrent charge shall be (see definition 29 and instruction 21) 0 ever, when the amount constitutes an made to account 2600, Reserve for the property retired shall be included in FEDERAL REGISTER, VOL. 32, NO. 204— FRIDAY, OCTOBER 20, 1967 RULES AND REGULATIONS 14603 leting the following line items from the in the year in which the loss occurs or, if account 5100, Amortization of Carrier a carry-forward, in the year in which Operating Property. Asset Side: such loss is applied to reduce taxes. How ***** 1920, Reacquired Securities: ever, when the amount constitutes an (a) Pledged. extraordinary item pursuant to instruc Itm No. 8. Account 2930 Earned sur (b) Unpledged. plus is amended by revising the first sen 1990, Nominally Issued Securities: tion 7, it shall be included in account tence of paragraph (a) and paragraph (a) Pledged. 9030, Prior Period Items. (b) as follows: (b) Unpledged. ***** § 281.2930 Earned surplus. V. Texts of income accounts deleted Item No. 7. In the text of the system and amended: of accounts, after account 8000, Income (a) This account shall include the taxes on ordinary income, add the fol balance of the amounts included in ac Item No. 1. Account 4652 Employees’ lowing: counts 2932 to 2946, inclusive, either welfare expenses is amended by revising debit or credit, of unappropriated sur the first sentence of paragraph (c) as * * * * * plus arising from earnings. * * * follows: E xtraordinary a n d P r io r P e r io d I t e m s (b) The balance of all earned surplus § 281.9010 Extraordinary items (net). accounts (2932 to 2946, inclusive) shall § 281.4652 Em ployees’ welfare ex- penses. (a) This account shall include ex be closed to this account at the end of ***** each calendar year; traordinary items accounted for during III. Texts of earned surplus accounts (c) Upon the adoption of the accrual the current accounting year in accord deleted and amended: plan of accounting, pension payments to ance with instruction 7, upon approval of employees retired before the adoption of the Commission. Among the items which §§281.2931,281.2941 [Deleted! such plan shall be charged to an exist shall be included in this account are: Item No. 1. The following accounts are ing pension reserve, this account 4652 or Net gain or loss on sale of land used for deleted: ■' account 9010, Extraordinary Items, as transportation purposes. 2931 Surplus credits applicable to appropriate. * * * Net gain or loss on sale of securities ac prior years. quired for long term investment purposes. 2941 Surplus debits applicable to § 281.5100 [Deleted] Loss on retirement of transportation prop prior years. - . Item No. 2. Account 5100 Amortization erty because of abandonment or other cause chargeable to operations is deleted. for which depreciation reserve has not been Item Ncu2^Account 2933 Other credits provided. to surplus is amended to read as follows: § 281.5100 [Redesignated] Change in application of accounting prin c ip le s. § 281.2933 Other credits to surplus. Item No. 3. Account 5110 Amortization of carrier operating property is redes (b) Income tax consequences of (a) This account shall include other ignated account 5100. charges and credits to this account shall credit adjustments*, net of assigned in be included in account 9050, Income come taxes, not provided for elsewhere § 281.5120 [Deleted] Taxes on Extraordinary and Prior Period in this system but only after such inclu Item No. 4. Account 5120 Property loss Items. sion has been authorized by the Com chargeable to operations is deleted. (c) This account shall be maintained mission. ? Item No. 5. Account 5200 Operating in a manner sufficient to identify the (b) The records supporting entries in nature and gross amount of each debit this account shall be so maintained that taxes and licenses is amended by revising an analysis thereof may be readily made paragraph (a) as follows: and credit. available. § 281.5200 Operating taxes and licenses. § 281.9030 Prior period items (net). § 281.2946 [Amended] (a) This account shall include un (a) This account shall include the usual delayed items accounted for dur Item No. 3. Account 2946 Other debits amount of Federal, State, county, ing the current accounting year in ac to surplus is amended as follows: municipal and other taxing district tax cordance with the text of instruction 7, (a) The “Note” is designated account es, which relate to motor carrier opera upon approval of the Commission. 2999. tions and property used therein (except Among the items which shall be included (b) The account is revised to read as taxes provided for in account 8000, In come Taxes on Ordinary Income). in this account are: follows: Unusual adjustments, refunds or assess (a) This account shall include (1) ***** ments of Income taxes of prior years. charges which reduce or write off dis Item No. 6 Account 8000 Provision for Similar items representing transactions of count on capital stock issued by the com income taxes is amended by revising the prior years which are not identifiable with pany, and (2) in pooling of equity inter title and paragraph (a) as follows: or do not result from business operations of ests situations, the excess of the value of the current year. the surviving company’s capital stock § 281.8000 Account 8000 Income taxes (b) Income tax consequences of over the aggregate total of the capital on ordinary incom e. charges and credits to this account shall stock of the separate companies before (a) (1) Monthly accruals for Federal, be included in account 9050, Income such merger or consolidation, but only State or other income taxes applicable Taxes on Extraordinary and Prior Period to the extent that unearned surplus is to ordinary income shall be included in Items. not available for such purposes. (See (c) This account shall be maintained §§ 281.02-21 (d) and 281.02-20(aM2) this account. See texts of account 9050, (ii>.) Income Taxes on Extraordinary and Pri in a manner sufficient to identify the nature and gross amount of each debit (b) This account shall include other or Period Items, account 2933, Other debit adjustments, net of assigned in Credits to Surplus, and account 2946, and credit. come taxes, not provided for elsewhere Other Debits to Surplus, for recording § 281.9050 Income taxes on extraordi in this system but only after such inclu other income tax consequences. nary and prior period item s. sion has been authorized by the Com- (2) Devils pertaining to the tax con This account shall include the esti ohssion. sequences of other unusual and signifi mated income tax consequences (debit cant items and also cases where the tax (c) The records supporting entries in or credit) assignable to the aggregate of this account shall be so maintained that consequences are disproportionate to the an analysis thereof may be readily made related amounts included in income ac items of both taxable income and de available. counts, shall be submitted to the Com ductions from taxable income which, for fV. Form of balance sheet statement mission for consideration and decision accounting purposes, are classified as un amended:. as to proper accounting. usual and extraordinary and are includi (3) Income taxes which are refundable ble in account 9010, Extraordinary § 281.2999 [Amended] or reduced as the result of carry-back or Item No. 1. Account 2999 Form of bal- carry-forward of operating loss shall be Items, or account 9030, Prior Period ance sheet statement is amended by de- credited to this account, if a carry-back, Items, as appropriate. FEDERAL REGISTER, VOL. 32, NO. 204— FRIDAY, OCTOBER 20, 1967 14604 RULES AND REGULATIONS § 281.9999 Form of income statement. III. INCOME DEDUCTIONS 281.2931 Surplus credits applicable to prior years. Ordinary Items 7000. Interest on Long-Term Obli g a tio n s ______281.2941 Surplus debits applicable to prior years. I. CARRIER OPERATING INCOME 7100. Other Interest Deductions______R e v e n u e s: 7200. Taxes Assumed on Interest______(c) Directly below “Income Accounts” 3000. Operating Revenues______7300. Amortization of Debt Discount the following is added: and Expense______E x penses: 7400. Aniortization of Premium on O rdinary I tems 4000. Operation and Maintenance Debt—Credit ______E x p en ses ______7500. Other Deductions______(d) The entry reading “281.5100 5000. Depreciation Expense _'______Amortization chargeable to operations” is 5100. Amortization of Carrier Op- Total Income Deductions.___ changed to: ■s, erating Property ______, 281.5100 Amortization of carrier operat 5200. Operating Taxes and Li Ordinary Income Before ing property. cen se s ______^______Income Taxes______:___ 5300. Operating Rents—Net______(e) The following are deleted: 8000. Income Taxes on Ordinary I n c o m e ______281.5110 Amortization of carrier operat Total Expenses______ing property. Ordinary Income __,______281.5120 Property loss chargeable to op Net Operating Revenue ______era tio n s. Extraordinary and Prior P eriod-Items 5400. Rent for Lease of Carrier (f) The entry reading “281.8000 Pro Property—Debit ______9010. Extraordinary Items (N et) ___ visions for income taxes” is changed to: 5500. Income from Lease of Car 9030. Prior Period Items (N et) __l_____ rier Property—C redit ______9050. Income Taxes on Extraordinary 281.8000 Income taxes on ordinary in Net Carrier Operating and Prior Period Items_____ com e. I n c o m e ______Total Extraordinary and (g) The following are added after II. OTHER INCOME Prior Period Items _____ 281.8000 Income taxes on ordinary in come: 6000. Net Income from Noncarrier Net Income (or Loss) E xtraordinary and P rior P eriod Items O p e r a tio n s ______Transferred to Earned 6100. Net Income from Nonop S u rp lu s ______281.9010 Extraordinary items (net). erating Property ______281.9030 Prior period items (net). 6200. Interest Incom e ______VT. Miscellaneous amendments: 281.9050 Income taxes on extraordinary and prior period items. 6300/ Dividend Incom e ______Item No. 1. The list of instructions and 6400. Income from Sinking and accounts in the Code of Federal Regula Item No. 2. In the text of the system Other Funds ______tions, Part 281, is amended by making of accounts, after account 2999, Form 6500. Other Nonoperating Income ____ the following revisions: of balance sheet statement, the follow (a) The entry reading 281.02-7 De ing is added directly below Income Ac Total Other Income.______layed items, is changed to: counts:* 281.02-7 Extraordinary and prior period O rdinary I tems Gross Income. item s. [F.R. Doc. 67-12417; Filed, Oct. 19, 1967; (b) The following are deleted: 8:4 6 a.m .] FEDERAL REGISTER, VOL. 32, NO. 204— FRIDAY, OCTOBER 20, 1967 14605 Proposed Rule Making said marketing agreement and this part. have to reduce power to 2.6 watts in (Secs. 1-19, 48 Stat. 81, as amend; 7 U.S.C. order to afford 0.5 mv/m 50 percent sky- DEPARTMENT OF AGRICULTURE 601-674) wave protection. In the case of WHLO, Consumer and Marketing Service the dominant station (KFI, Los Angeles, Dated: October 16, 1967. Calif.) objects to continued presunrise [ 7 CFR Part 946 1 P a u l A. N ic h o l s o n , activity. WHLO’s situation is further Deputy Director, Fruit and Veg complicated by adjudicatory proceedings IRISH POTATOES GROWN IN etatile Division, Consumer and in Docket No. 11290, in which Radio Sta WASHINGTON Marketing Service. tion WOI is seeking a Special Service Au Operating Reserve [F.R. Doc. 67-12425; Filed, Oct. 19, 1967; thorization (SSA) for early morning op 8 :47 a.m .] eration at Ames, Iowa. Consideration is being given to the 3. The above pleadings and waiver re approval of a proposal to establish an quests filed by WHCU and WHLO raise operating reserve, as hereinafter set basic issues concerning the public value forth, which was recommended by the FEDERAL COMMUNICATIONS of such Class II usages vis-a-vis cochan State of Washington Potato Committee, nel U.S. I-A nighttime services which establshed pursuant to Marketing Agree . COMMISSION they would inevitably limit, to some de ment No. 113 and Order No. 946 (7 CFR gree, and secondary issues going to the Part 946). [ 47 CFR Part 73 1 circumstances under which such usages This marketing order program regu [Docket No. 17562; FCC 67-1144] should be allowed and the degree of sky- lates the handling of Irish potatoes wave interference protection to be af grown in the State of Washington and PRESUNRISE OPERATION forded to the U.S. I-A stations, which at is effective under the Agricultural Mar Class II Stations on U.S. I-A Clear present derive their basic protection from keting Agreement Act of 1937, as Channels; Further Notice of Pro the exclusivity of the I-A nighttime pri amended (7 U.S.C. 601 et seq.). ority within the North American Region. All persons who desire to submit writ posed Rule Making 4. We have accordingly concluded that ten data, views, or arguments in connec In the matter of “presunrise” opera the scope of this proceeding should be tion with this proposal shall file the tion by Class II stations under presunrise enlarged to explore the questions posed same with the Hearing Clerk, U.S. De service authorization on U.S. I-A clear above. Authority for this action is con partment of Agriculture, Washington, channels: Docket No. 17562. tained in sections 4(i), 303(c), and 303 (r) D.C. 20250, no later than the 15th day 1. The Commission today adopted a of the Communications Act of 1934, as after the publication of this notice in memorandum opinion and order1 gener amended. the F ederal R e g is t e r . All written sub ally affirming its June 28 report and order 5. Pursuant to applicable procedures missions made pursuant to this notice dealing with the operation of stand set out in § 1.415 of the Commission’s will be made available for public inspec ard broadcast stations prior to local sun mles, interested parties may file com tion at the Office of the Hearing Clerk rise—Docket No. 14419, 8 FCC 2d 698 ments on or before November 20, 1967, during regular business hours (7 CFR (1967). A matter left unresolved, how and reply comments on or before Novem 1.27(b)). The proposal is as follows: ever, is the presunrise status of Class n ber 30, 1967. All submissions by parties § 946.219 Operating reserve. daytime-only and limited time stations to this expanded proceeding, or by per operating on U.S. I-A clear channels and sons acting on behalf of such parties, (a) The committee, with the approval located to the east of the dominant as must be made in written comments, re of the Secretary, may carry over excess signment. The rules adopted in Docket ply comments or other appropriate funds into subsequent fiscal years as an No. 14419 exclude operation prior to local pleadings, except that the written sub operating reserve: Provided, That funds sunrise by Class n stations so situated. in the operating reserve do not exceed ap missions of Radio Stations WHCU and 2. Former § 73.87(a) (2), while some WHLO already on file in Docket No. 14419 proximately 1 fiscal year’s expenses. what ambiguous, was never intended to (b) The funds in said operating re provide presunrise operating privileges will be considered in this proceeding and serve may be used (1) to defray expenses for Class II stations located east of a co need not be resubmitted. incurred during any fiscal period prior to channel U.S. I-A dominant station. Only 6. In accordance with the provisions the time assessment income is sufficient two Class II stations in this category are of § 1.419 of the rules, an original and 14 to cover such expenses, (2) to cover def known to be operating presunrise: icits incurred during any fiscal period copies of all written comments, replies, WHCU, Ithaca, N.Y., and WHLO, Akron, pleadings, briefs, and other documents when assessment income is less than ex Ohio. Both filed petitions for reconsider penses, (3) to defray expenses incurred ation of the June 28 report and order, shall be furnished the Commission. during any period when assessments are as well as PSA proposals accompanied Adopted: October 11,1967. suspended or are inoperative and (4) to by eligibility waiver requests. Both seek cover necessary expenses of liquidation to continue presunrise operation on the Released: October 17, 1967. in the event of termination of this part. basis of 6 a.m./500 watts. WHCU (Cor F ed e r a l C ommunications (c) Upon termination of this part any nell University) operates on 870 kc/s, to C o m m i s s i o n ,2 funds not required to defray the neces which WWL, New Orleans, holds the I-A [ s e a l ] B e n F . W a p l e , sary expenses of liquidation shall be dis nighttime priority. WWL is aware of the Secretary. posed of in such manner as the Secretary ®ay determine to be appropriate. To the operation, and thus far has not objected. [F.R. Doc. 67-12427; Filed, Oct. 19, 1967; extent practical, such funds shall be re Because of the northward directionali- 8 :4 7 a.m .] turned pro rata to the handlers from zation of WWL’s signal, WHCU would whom they were collected. * *Commissioners Bartley and Wadsworth (d) Terms used in this section shall 1 See F.R. Doc. 67-12428, in Notices Section, absent; Commissioner Johnson not partici have the same meaning as when used in infra. p a tin g . FEDERAL REGISTER, VOL. 32, NO. 204— FRIDAY, OCTOBER 20, 1967 14606 PROPOSED RULE MAKING On March 23, 1967 the Federal Power Several of the parties have requested FEDERAL POWER COMMISSION Commission issued a notice of proposed such a conference. Accordingly, notice is [1 8 CFR Part 260] rule making in this docket proposing to given that a conference for the purpose require the filing of a new form for the of discussing the proposed rule making [Docket No. R-317] annual reporting by the Class A natural in this docket will be held in a hearing gas pipeline companies of information room of the Federal Power Commission ANNUAL REPORTING BY CLASS A relating to the 5-year forecast of peak- 441 G Street NW., Washington, DC* NATURAL GAS COMPANIES day and annual natural gas requirements 20426 at 10 am., e.s.t., on October 31 and their construction plans. Twenty- 1967. Those parties who intend to partici Notice of Conference eight natural gas companies, the Inde pate in this conference should so notify pendent Natural Gas Association of the Secretary of the Commission on or O ctober 13, 1967. America, and the Kansas Corporation before October 25,1967. Annual reporting by Class A natural Commission commented on the proposal. By direction of the Commission. gas companies of 5-year forecasts of peak The notice of proposed rule making day and annual natural gas require provided that the persons filing com G o r d o n M . G rant, ments and pipeline construction plans ments could request a conference at the Secretary. (§ 260.11). [F.R. Doc. 67-12403; Filed, Oct. 19, 1967; Commission to discuss the proposed form. 8:45 a.m .] FEDERAL REGISTER, VOL. 32, NO. 204— FRIDAY, OCTOBER 20, 1967 14607 Notices multiple-use management the public The total areas described aggregate d epa rtm en t o f t h e t r e a s u r y lands within the areas described below, approximately 29,300 acres of public together with any lands therein that may land. Bureau of Customs become public lands in the future. Publi 3. For a period of 60 days from the [Antidumping—ATS 643.3-B] cation of this notice has the effect of date of publication of this notice in the segregating all the lands described in F e d e r a l R e g is t e r , all persons who wish CONCORD GRAPES FROM CANADA this notice from appropriation only un to submit comments, suggestions, or ob Antidumping Proceeding Notice der the agricultural land laws (43 U.S.C. jections in connection with the proposed Parts 7 and 9, 25 U.S.C. 334) and from classification may present their views in On September 18, 1967, information sale under section 2455 of the Revised writing to the District Manager, Bureau was received in proper form pursuant to Statutes (43 U.S.C. 1171), and the lands of Land Management, Glenwood Springs, the provisions of § 14.6(b) of the Customs shall remain open to all other applicable Colo. 81601. regulations indicating a possibility that forms of appropriation, including the 4. A public hearing on the proposed Concord grapes imported from Canada mining and mineral leasing laws. As used classification will be held at 10 a.m., are being, or likely to be, sold at less than in this order, “public lands” means any November 9, 1967, in the Eagle County fair value within the meaning of the lands withdrawn or reserved by Executive Courthouse in Eagle, Colo. Antidumping Act, 1921, as amended (19 Order No. 6910 of November 26, 1934, as U.S.C. 160 et seq.). amended, or within a grazing district J. E l l io t t H a l l , The information was submitted by established pursuant to the Act of June Acting State Director. Triple MMM Farms, Forestville, N.Y. 28, 1934 (48 Stat. 1269), as amended, [F.R. Doc. 67-12415; Filed, Oct. 19, 1967; Ordinarily, merchandise is considered which are not otherwise withdrawn or 8 :4 6 a.m .] to be sold at less than fair value when reserved for a Federal use or ^purpose. the net, f.o.b. factory price for exporta 2. Public lands proposed for classifica [C—2288] tion to the United States is less than the tion are located within the following net, f.o.b. factory price to purchasers described areas and are shown on maps COLORADO in the home market, or, where appropri on file in the Glenwood Springs District Notice of Classification of Public Lands ate, to purchasers in other countries, Office, Bureau of Land Management, after due allowance is made for differ Glenwood Springs, Colo. 81601; and for Multiple-Use Management ences in quantity and circumstances of Land Office, Bureau of Land Manage 1. Pursuant to the Act of September 19, sale. ment, Room 15019, New Federal Build 1964 (43 U.S.C. 1411 18), and to the regu Having conducted a summary investi ing, Denver, Colo. 80202. lations in 43 CFR Parts 2410 and 2411, the gation, and having determined on this Sixth P rincipal Meridian, Colorado public lands within the areas described basis that there are grounds for so doing, below, together with any lands therein the Bureau of Customs is instituting an EAGLE COUNTY that may become public lands in the inquiry pursuant to the appropriate pro BLO C K "A ” future are hereby classified for multiple- visions of the Customs regulations to use management. Publication of this no determine th e validity of t h e T. 3 S., R. 83 w ! Secs. 2 to 5, inclusive; tice segregates all the described lands information. Secs. 15, 22, 26 to 35, inclusive. from appropriation only under the agri A summary of information received T. 4 S„ R. 83 W., cultural land laws (43 U.S.C. Parts 7 and from all sources is as follows: The in Secs. 2 to 11, inclusive; 9, 25 U.S.C. 334) and from sale under formation before the Bureau indicates Secs. 13,14,15,18,19, 23, 24,25, and 30. section 2455 of the Revised Statutes (43 the possiblity that the prices for export T. 4 S., R. 82 W., U.S.C. J.171). The described lands shall to the United States of Concord grapes Secs. 19, 20,21, 28 to 34, inclusive. T. 5 S., R. 82 W., remain open to all other applicable forms from Canada are substantially below of appropriation, including the mining the prices at which the merchandise'is Secs. 1, 2, 3, and 12, north of the Eagle R iver. and mineral leasing laws. As used herein, being sold in the home market. “public lands” means any lands with This notice is published pursuant to The public lands in this block drawn or reserved by Executive Order § 14.6(d) (1) (i) of the customs regula described aggregate approximately No. 6910 of November 26,1934, as amend tions (19 CFR 14.6(d) (1) (i)). 17,800 acres. ed, or within a grazing district estab BLO C K “B ”, [seal] L e s t e r D. J o h n s o n , lished pursuant to the Act of June 28, Commissioner of Customs. T. 4 S., R. 84 W., 1934 (48 Stat. 1269), as amended, which Secs. 24 to 27, inclusive, south of the are not otherwise withdrawn or reserved [F.R. Doc. 67-12412; Filed, Oct. 19, 1967; Eagle River; for a Federal use or purpose. 8 :46 a.m .] Secs. 33 to 36, inclusive, south of the Eagle River. 2. No protests or objections were re T. 5 S., R. 84 W., ceived following publication of a notice Secs, i, 2,3,11,12,13, and 24. of proposed classification (32 F.R. 9998- DEPARTMENT OF THE INTERIOR T. 5 S., R. 83 W., 9991), or at the public hearing at Mont Secs. 6, 7, 18,19, 20, 21, and 28. rose, Colo., which was held on August 11, Bureau of Land Management The public land in this block described 1967. The record showing the comments [C—2786] aggregate approximately 7,300 acres. received and other information is on file COLORADO BLO C K “C” and can be examined in the Montrose T. 5 S., R. 81 W., District Office, Montrose, Colo. The pub Proposed Classification of Public Secs. 9, 10, 11, 12, 14, 15, 17, 18, 22, 23, lic lands affected by this classification Lands for Multiple-Use Manage 26, 27, and 34. are located within the following described ment T. 5 S., R. 82 W., area and are shown on a map designated Sec. 12, south of the Eagle River; by serial No. C-2288 in the Montrose Dis O c to b e r 12,1967. Sec. 13. trict Office, Bureau of Land Manage 1-Pursuant to the Act of September W, 1964 (43 U.S.C. 1411-18) and to the The public lands in this block de ment, Highway 550 South, Montrose, regulations in 43 CFR Parts 2410 and scribed aggregate approximately 4,200 Colo. 81401 and at the Land Office of the ^ 11» it is proposed to classify for acres. Bureau of Land Management, Room FEDERAL REGISTER, VOL. 32, NO. 204— FRIDAY, OCTOBER 20, 1967 14608 NOTICES 15019, Federal Building, 1961 Stout Sec. 15, that portion north and east of T. 45 N„ R. 13 W., Street, Denver, Colo. 80202. Dolores River; Secs. 1,2, and 3; Sec. 22, that portion north and east of Secs. 11,12, and 13; N e w M e x i c o P r i n c i p a l M e r i d i a n , C o l o r a d o Dolores River; Sec. 18, S^; DOLORES, SAN MIGUEL, MONTROSE, AND MESA Sec. 23, that portion north and east of Sec. 19; CO U N TIES ' Dolores River; Sec. 24; Secs. 24, 25, and 26; Secs. 29 to 32, inclusive. T. 41 N., R. 14 W., Sec. 27, that portion south and east of T. 45 N., R. 14 W., Sees. 3 to 9, inclusive; Dolores River; S ec. 4; Sees. 17 and 18. Sec. 34, that portion north and east of Secs. 6 to 9, inclusive; T. 42 N., R. 10 W., Dolores River; Sec. 13, S%; Sec. 4. Sec. 35, that portion north and east of S ec. 14, sy2; T. 42 N., R. 14 W., Dolores River; Sec. 15; Sees. 6 and 7; S ec. 36. Sec. 16, N%; S ees. 17 a n d 18;. T. 44 N„ R. 11 W., Sec. 18; S 1^; Sees. 19 to 23, inclusive; Secs. 19 to 35, inclusive. Sec. 19; Sec. 24, T. 44 N., R. 12 W., Secs. 22 to 35 inclusive; Sec. 25, WV£W&; Secs. 3, 4, and 5; Secs. 29 to 35, inclusive. Sees. 26 to 35, inclusive. Secs. 8, 9, and 10; T. 45 N„ R. 15 W., T. 42 N.t R. 15 W„ Secs. 14 to 17, inclusive; Secs. 1 to 8, inclusive; S ec. 1; Sec. 20; Secs. 11 to 14, inclusive; Sees. 3 to 9, inclusive; Secs. 22 to 27, inclusive; Sec. 15, S%; Sees. 11 to 15, inclusive; Secs. 29 to 32, inclusive; Sec. 16,Si4NW%; Sees. 17 to 36, inclusive. S ec. 35. Secs. 17 to 34, inclusive. T. 45 N., R. 16 W„ T. 42 N„ R. 16 W., T. 44 N., R. 13 W., Secs. 5 and 6. Secs. 1 to 15, inclusive; Secs. 1 to 5, inclusive; Sec. 16, N%; Sees. 7 to 15, inclusive; T. 44 N„ R. 14 W., Secs. 17 to 35, inclusive. Sees. 17 to 30, inclusive; Secs. 1 to 9, inclusive; T. 45 N., R. 17 W., Sec. 32, E%; Secs. 17 to 21, inclusive; Secs. 1 to 36, inclusive. Sees. 33, 34, and 35. Secs. 28 to 34, inclusive. T. 45 N., R. 19 W., T. 42 N., R. 17 W., T. 44 N„ R. 15 W., Secs. 1 to 36, inclusive. Secs. 1 to 5, inclusive; Secs. 3 and 4; T. 45 N., R. 20 W., Projected sec. 6, that portion north and Secs. 6 to 11, inclusive; Secs. 1 to 36, inclusive. east of Dolores River; Sec. 17; T. 45 N„ R 20 W., Projected sec. 7; Secs. 19 and 20; Secs. 1 and 2; Sees. 8 to 18, inclusive; Secs. 24, 25, and 26; Secs. 11 to 14, inclusive; Sees. 23 and 24; Secs. 29 to 33, inclusive. Secs. 23 to 26, inclusive; Sec. 25, N% ,SEÍ4. T. 44 N., R. 16 W., - Secs. 35 and 36. T. 42 N., R, 18 W., Secs. 1 to 6 inclusive; T. 46 N„ R. 13 W., Projected secs. 1 and 2; all lands north and Secs. 9,10, and 11; Secs. 19, 20, and 21; east of Dolores River; Secs. 14 and 15; Secs. 28 to 33, inclusive. Secs. 12, 13, and 14; all lands north and Secs. 17 to 23, inclusive; T. 46 N., R. 14 W., east of Dolores River. Secs. 25 to 34, inclusive. Secs. 1 to 29, inclusive; T. 43 N., R. 10 W., T. 44 N„ R. 17 W., S ec. 31; Secs. 6,7, and 8; Secs. 1 to 36, inclusive. Secs. 33 to 36, inclusive. Secs. 17 and 18; T. 44 N., R. 18 W., T. 46 N„ R. 15 W., Sec. 19, N%N y2; Secs. 1 to 29, inclusive; Secs. 1 to 4, inclusive; Secs. 20,21, and 22; Sec. 30, that portion north and east of Secs. 10 to 15, inclusive; Secs. 26 to 29, inclusive; Dolores River; Sec. 21, that portion south of San Miguel S ec. 33. Sec. 31, that portion north and east of R iver; T . 43 N ., R . 11 W ., Dolores River; Secs. 22 to 32, inclusive; Secs. 1 to 7, inclusive; Sec. 32, that portion north and east of Secs. 34,35, and 36. T. 46 N., R. 16 W., Secs. 9 to 14, Inclusive; Dolores River; Secs. 23 and 24; Sec. 33, that portion north and east of Sec. 4, that portion south and west of Sec. 26. Dolores River; San Miguel River; Secs. 5 to 9, inclusive; T. 43 N., R. 12 W., Sec. 34, that portion north and east of Dolores River; Sec. 10, that portion south and west of Secs. 1 and 2; S ec. 36. San Miguel River; Secs. 4, 5, and 6; Sec. 14, that portion south and west of Sec. 7,NE%NE%; T. 44 N., R. 19 W., San Miguel River; Secs. 8, 9, and 10; Secs. 1 to 6, inclusive; Secs. 15 to 23, inclusive; S ec. 21; Sec. 7, portions north of McIntyre Canyon and east of Dolores River; Secs. 25 to 36, inclusive. Secs. 27,28, and 29; T. 46 N., R. 17 W., Sec. 34. Sec. 8, portions north of McIntyre Canyon and east of Dolores River; Secs. 1 to 7, inclusive; T. 43 N., R. 14 W., . Secs. 9 to 36, inclusive. Secs. 6, 7, and 8; Sec. 9, portions north of McIntyre Canyon and east of Dolores River; T. 46 N., R. 18 W., Secs. 17 to 20, inclusive; Secs. 1 to 36, inclusive. Sec. 31. Sec. 10, portions north of McIntyre Canyon and east of Dolores River; T, 46 N., R. 19 W., T. 43 N., R. 15 W., Sec. 11, portions north of McIntyre Canyon Secs. 1 to 36, inclusive. Secs. 2 to 15, inclusive; and east of Dolores River; T. 46 N., R. 20 W., Secs. 17 to 35, inclusive. Sec. 12, portions north of McIntyre Canyon Secs. 1,2, and 3; T. 43 N., R. 16 W., and east of Dolores River; Secs. 10 to 15, inclusive; Secs. 1 to 15, inclusive; Sec. 13, portions north of McIntyre Canyon Secs. 23 to 26, inclusive; Secs. 17 to 35, Inclusive. and east of Dolores River; Secs. 35 and 36. T, 43 N., R. 17 W., Sec. 24, that portion east of Dolores River; T. 47 N„ R. 14 W., Secs. 1 to 15, inclusive; Sec. 25, that portion east of Dolores River; Secs. 19,20, and 21; Secs. 18 to 36, inclusive. Sec. 36, that portion east of Dolores River. Secs. 28 to 33, inclusive. T. 43 N„ R. 18 W., T. 44 N., R. 20 W., T. 47 N., R. 15 W., Secs. 1 and 2; Secs. 1 and 2; Secs. 4 to 9, inclusive; Sec. 3, that portion north and east of Sec. 11, portions north of McIntyre Canyon; Secs. 16 to 36, inclusive. Dolores River; Sec. 12, portions north of McIntyre Canyon. T. 47 N., R. 16 W., Sec. 4, that portion north and east of Secs. 1 to 15, inclusive; Dolores River; T. 45 N., R. 12 W., Secs. 17 to 24, inclusive; Secs. 18,19, and 20; Sec. 10, that portion north and east of Sec. 28, NW14; Dolores River; Secs. 28, 29, and 30; Secs. 29 to 32, inclusive; Secs. 11 to 14, inclusive; Sec. 33. Sec. 33, W%. FEDERAL REGISTER, VOL. 32, NO. 204— FRIDAY, OCTOBER 20, 1967 NOTICES 14609 of the Agricultural Marketing Agree T 47 N., R. 17 W., The area described aggregates approx Secs. 1 to 36. inclusive. imately 649,500 acres of public domain ment Act of 1937, as amended (7 U.S.C. T. 47 N., R. 18 W ., lands. 601 et seq.), the following producers, Secs. 1,2, and 3; 3. For a period of 30 days from theresidents of the production area, are Sec. 4, NEiA, NEy4 NWi/4 ! date of publication of this notice in the hereby selected to serve on the Florida Sec. 9, SEy4NE%, E^SEiA; F ederal Register, interested parties may Tomato Committee to represent their Secs. 10 to 15, inclusive; respective districts established under sec. 19, Nwy 4 N w y 4 , s y 2 Nwy4, swy4, SW& submit comments to the Secretary of the Interior, LLM, 721, Washington, D.C. said marketing agreement and order, as s e i /4 ; m Sec. 20, SE^SW ^4, S%SE^4; 20240 (43 CFR 2411.1-2 (d)). members and alternates, as designated, for the term of office ending July 31, Sec. 21, Sy2SW%, SW%SE%; J.E l l io t t H a l l , Secs. 22 to 36, inclusive. Acting State Director. 1968: T. 47 N., R. 19 W., Secs. 4 to 11, inclusive; [F.R. Doc. 67-12416; Filed, Oct. 19,' 1967; District Member Alternate Secs. 13 to 36, in clu siv e. 8 :4 6 a.m .] T. 47 N„ Rw20 W., No. I ...— David E. Rutzke, David E. Barnes, S e c .1; 25505 Southwest 19100 Southwest Projected secs. 2 and 3; 182d Ave., 320th St., Projected secs. 10 and 11; DEPARTMENT OF HEALTH, EDUCA Homestead 33030. Homestead 33030. Sec. 12; ' y s Herman Walker, Marvin Shaw, 30800 17511 Southwest Southwest 162 Projected secs. 13,14, and 15; 99 Rd., Perrine Ave., Homestead Projected secs. 22, 23, and 24; TION, AND WELFARE 33157. 33030. Secs. 25, 26, and 27; Food and Drug Administration R. C. Hagan, 17300 K. B. Walker, 16703 Secs. 34,35, and 36. Southwest 90 Southwest 90 Ave., Perrine Ave., Perrine T. 48 N., R. 15 W., MIXTURE OF 3,4,5-TRIMETHYL- 33157. 33157. C. R. Hogan, Post Sec. 19; PHENYL methylcarbamate AND No. 2.___ Louis F. Rauth, Sec. 21; "5% R.F.D. 1, Box Office Box 880, 2,3,5-TRIMETHYLPHENYL METHYL 726, Delray Beach Vero Beach 32960. Secs. 28 to 33, inclusive. 33444. T. 48 N., R. 16 W „ CARBAMATE Rudolph Mattson, Roy Neill, 914 Secs. 3 to 10 inclusive; Room 211, Pro- Delaware Ave., Notice of Establishment of Sessional Bldg., Fort Peirce 33450. Secs. 13 to 36, inclusive. Fort Pierce 33450. T. 48 N., R. 17 W., Temporary Tolerance C. M. Cook, Route M. Wayne Collier, Secs. 1 to 36, inclusive. 1, Box 718, Pom- Post Office Box Notice is given that at the request of pano Beach 33060. 417, Boca Raton T. 48 N., R. 18 W., 33432. Sec. 1; 4 the Shell Chemical Co., a division of No. 3____ Roy C. Miller, Post Richard G. Mattson, Sec. 2, lots 1, 2, 5, 7, 8 , 9, 10, 15, 16, 17, Shell Oil Co.,-New York, N.Y. 10020, a Office Box 460, 524 East Pasadena Immokalee 33934. Ave., Clewiston 18, 19, 20, 21, 22, 23, a n d S V2; ■ temporary tolerance of 0.2 part per mil 33440. Sec. 3, lots 42 to 54, inclusive and SVs ; lion is established for residues of an in Lewis J. Nobles, Jr., Claude Holland, Sec. 4, lots 4, 11, 13, 14, 22, 23, 24, 25, and secticide that is a mixture of 3,4,5-tri- Post Office Box Post Office Box 805, La Belle 783, La Belle sy2; | methylphenyl methylcarbamate and 33935. 33935. Sec. 5, lo ts 5, 7, 8 , 9, 10, 11, 12, 13, 14, 15, 2,3,5-trimethylphenyl methylcarbamate C. W. Sawyer, Post H. Clayton McDon- 16, and S% ; Office Box i486, aid, New Market Sec. 6 , lots 7 to 16, inclusive and S%; in or on corn grain, fodder, and forage. Naples 33940. Rd. 1202, Immo Secs. 7 to 29, inclusive; The Commissioner of Food and Drugs kalee 33934. No. 4____ Peter S. Harllee, R. J. Taylor, Jr., Sec. 30, Ny2, Ny2SW*£, SE 14 SW *4, SE»4; has determined that this temporary tol Post Office Box 8, Post Office Box Sec. 32, NE%, Ni/2NW*4, SE%NWV4, Ny2 erance will protect the public health. Palmetto 33561. 1087, Palmetto SE>4; ■'$ A condition under which this tem 33561. Buford W. Council, J. R. Foy, 412 31st Secs. 33 to 36, inclusive. porary tolerance is established is that the Post Office Box St., Wèst, Braden- T. 48 N., R. 19 W., insecticide will be used in accord with the 906, Ruskin 33570. ton 33505. Projected sec. 1 , unsurveyed lots normally Harold E. Willis, ' Donald L. Elsberry, temporary permit issued by the U.S. De Post Office Box Route 1, Box 228 designated as lots 9 to 16, inclusive and partment of Agriculture. Distribution 306, Ruskin 33570. A, Ruskin 33570. sy2; 'm m No. 5____ C. Aldridge Locke, Donald P. Jones, Sec. 8; will be under the Shell Chemical Co. Jr., Post Office Oxford 32684. Projected secs. 9 to 14, inclusive; name. Box 331, Wildwood This temporary tolerance expires 32785. Sec. 15; Joseph L. Hurst, T. P. Caruthers, Jr., Projected sec. 16; October 13, 1968. Oxford 32684. Oxford 32684. sec. 17, ni/2, swy4, n y2s e y4, s w ^ sev4; This action is taken pursuant to the J. H. Terry, Sum- R. M. Driggers, Sec. 21, N ^ N E 1^; authority vested in the Secretary of merfield 32691. Pedro. Sec. 2 2 ,N i^ ,N ^ S % ; Health, Education, and Welfare by the Sec. 23,N y2,N y 2Sy2 ; Federal Food, Drug, and Cosmetic Act Each person selected shall qualify, in Sec. 24; accordance with the provisions of said Sec. 25, NE^, Ni/aNW^, SEUNW ^, NE^i (sec. 408(j), 68 Stat. 516; 21 U.S.C. SEy4; 346a(j)) and delegated by him to the marketing agreement and order, and Sec. 31; Commissioner (21 CFR 2.120). shall serve, subject to the provisions thereof, for the term of office for which Sec. 32, SWy4 SW>/4 . Dated: October 13,1967. T- 48 N„ R. 20 W., appointed and until his successor is se Secs. 34,35, a n d 36. J. K. Kirk, lected and has qualified. T. 49 N., R. 16 w ., Associate Commissioner Written accèptance of appointment Sec. 7 ; for Compliance. hereunder shall be filed with the Ad-' Secs. 17 to 20, in clu siv e; [F.R. Doc. 67-12435; Filed, Oct. 19, 1967; ministrator, Consumer and Marketing Secs. 29 to 32, in c lu siv e . 8:4 8 a.m .] Service, or with his representative, here T- 49 N„ R. 17 w ., by designated as M. F. Miller, Field Rep Secs. 1, 2 , and 3 ; Sec. 4 , N E % ,Sy2 N W î4 , S resentative, Fruit and Vegetable Divi Sec. 5,E i/2SEV4; sion, Consumer and Marketing Service, Sec. 8, NE%, Ey2S W i4 , S E ^ ; DEPARTMENT OF AGRICULTURE U.S. Department of Agriculture, Post Of Secs. 9 to 16, in clu siv e; fice Box 9, Lakeland, Fla. 33802. Consumer and Marketing Service Sec. 17, N E i4, Ei/2W Î4, SEÎ4; Terms used in this order have the same Sec. 19, E y 2 ; FLORIDA TOMATO COMMITTEE meaning as when used in said marketing Secs. 20 to 29, inclusive; agreement and order. Sec- 30, NE^4 , Ei/ 2 Wy2 , S E ^ ; Selection of Members and Alternates Secs. 31 to 36, in c lu siv e . Dated: October 16,1967. # T- 49 N., R. 18 w ., Pursuant to the provisions of Market Sec. 36, ing Agreement No. 125 and Order No. 966 Winn F. Finn er, ^ 50 N., R. 17 w (7 CFR Part 966), regulating the han Acting Administrator. f “ - 33, Sy2 SE%; dling of tomatoes grown in Florida, ef [F.R. Doc. 67-12426; Filed, Oct. 19, 1967; Sec. 3 4 , fective under the applicable provisions 8:47 a .m.] FEDERAL REGISTER, VOL. 32, NO. 204— FRIDAY, OCTOBER 20, 1967 No. 204—Pt. I- 14610 NOTICES Office of the Secretory of actual cases with separate data re Notice is hereby given pursuant to NEBRASKA quested for “all sizes smaller than No. 10" the Federal Aviation Act of 1958, as and for “sizes No. 10 or larger.” (In addi amended, that a hearing in the above- Designation of Area for Emergency tion, multiunit firms reporting separately entitled proceeding is assigned to be Loans by establishment will be requested to held on October 24, 1967, at 10 a.m., update the list of their establishments e.d.s.t., in Room 1027, Universal Building,’ For the purpose of making emergency maintaining canned food stocks.) loans pursuant to section 321 of the Con 1825 Connecticut Avenue NW., Washing Copies of the proposed forms and a ton, D.C., before the undersigned solidated Farmers Home Administration description of the collection methods are Act of 1961 (7 U.S.C. 1961), it has been examiner. available upon request to the Director, For further information regarding determined that in the hereinafter- Bureau of the Census, Washington, D.C. named counties in the State of Nebraska 20233. this proceeding, interested persons are natural disasters have caused a need for referred to the material contained in agricultural credit not readily available Any suggestions or recommendations the docket of this proceeding on file from commercial banks, cooperative concerning the subject matter of this with the Docket Section of the Civil lending agencies, òr other responsible proposed survey should be submitted in Aeronautics Board. writing to the Director of the Census sources. Dated at Washington, D.C., October Nebraska within 30 days after the date of this pub lication and will receive consideration. 16,1967. Clay. Nuckolls. Dated: October 10, 1967. [ s e a l ] E d w a r d T. S todola, Pursuant to the authority set forth Hearing Examiner. above,.emergency loans will not be made A . Ross E c k l e r , [F.R. Doc. 67-12414; Filed, Oct. 19, 1967; in the above-named counties after Director, Bureau of the Census. 8 :4 6 a.m .] June 30, 1968, except to applicants who [F.R. Doc. 67-12398; Filed, Oct. 19, 1967; previously received emergency or special 8:45 a.m.] '7 i livestock loan assistance and who can qualify under established policies and FEDERAL COMMUNICATIONS procedures. * Done at Washington, D.C., this 17th ATOMIC ENERGY COMMISSION COMMISSION [Docket No. 50-309] day of October 1967. [Docket No. 14419; FCC 67-1143] MAINE YANKEE ATOMIC POWER CO. O r v il l e L . F r e e m a n , GUIDELINES FOR PRESUNRISE OPER Secretary. Notice of Receipt of Application for ATING AUTHORITY WAIVER RE [F.R. Doc. 67-12409; Filed, Oct. 19, 1967; Construction Permit and Facility QUESTS 8 :4 6 a jn .] License Memorandum Opinion and Order The Maine Yankee Atomic Power Co., 9 Green Street, Augusta, Maine 04330, In the matter of amendment of the DEPARTMENT OF COMMERCE pursuant to section 104b of the Atomic rules with respect to hours of operation Energy Act of 1954, as amended, has of standard broadcast stations; Docket Bureau of the Census filed an application, dated September 26, No. 14419, RM-268. SURVEY OF DISTRIBUTORS STOCKS OF 1967, for licenses to construct and oper 1. The Commission here has under consideration 23 petitions for reconsid CANNED FOODS ate a pressurized water nuclear reactor designed for initial operation at 2440 eration of the report and order and new Notice of Consideration thermal megawatts with a gross elec rules adopted in the long-standing “pre trical output of approximately 827 sunrise” proceeding (8 FCC 2d 698, 10 Notice is hereby given that the Bureau megawatts. R.R. 2d 1580, adopted June 28, and re of the Census is planning to conduct its leased July 13, 1967). Briefly, in that de usual annual survey of inventories cov The proposed reactor, designated by cision we abandoned the “permissive” use ering 30 canned and bottled products, applicant as the Maine Yankee Atomic Power Station, is to be located at of daytime facilities before local sunrise including vegetables, fruits, juices, and by Class III stations (those on regional fish as of December 31, 1967, under the the applicant’s 740-acre site in Lincoln channels) and many Class H stations, provisions of 13 U.S.C. 181, 224, and 225. County, Maine, on the west shore of the both those licensed for daytime-only This survey, together with the previous Back River about 3.9 miles south of Wiscasset, Maine. operation and unlimited time stations surveys, provides the only continuing having different day and night facilities, source of information on stocks of the A copy of the application is available which had prevailed under former § 73.87 specified canned foods held by whole for public inspection at the Commission’s since 1941. Undejrthat arrangement, such salers and in warehouses of retail mul Public Document Room, 1717 H Street stations could use their full daytime facil tiunit organizations. NW., Washington, D.C. ities before local sunrise, as early as 4 On the basis of information received Dated at Bethesda, Md., this 13th day a.m. Ideal standard time, unless and until by the Bureau of the Census, these data of October 1967. will have significant application to the such operation was terminated as a needs of the public, industry and the dis For the Atomic Energy Commission. source of objectionable interference to an tributive trades, and governmental P e t e r A . M o r r is , unlimited time station’s licensed opera agencies and are not publicly available Director, tion.1 The decision substituted a licensing from nongovernmental or other govern Division of Reactor Licensing. mental sources. [F.R. Doc. 67-12396; Filed, Oct. 19, 1967; 1 The permissive provisions of § 73.87 did Such survey, if conducted, shall begin 8 :4 5 a m .] not extend to Class III and Class II facilities not earlier than 30 days after publica authorized after January 1962, which were tion of this notice in the F ed e r a l specifically conditioned against presunrise R e g is t e r . operation during the pendency of this proceeding. Reports will not be required from all CIVIL AERONAUTICS BOARD Although § 73.87 did not specifically so firms but will be limited to a scientifi [Docket No. 18840] state, as it was administered, Commission or cally selected sample of wholesalers and ders terminating a station’s presunrise opera retail multiuhit organizations handling STEPHENS INC., ET AL. tion were issued only on the basis of com canned foods, in order to provide year- plaints by full-tim e stations of interference end inventories of the specified canned Notice of Hearing to their licensed nighttime operations, after such complaints were examined by the stan food items with measurable reliability. Stephens Inc., Purdue Aeronautics and found to be well-founded under conven These stocks will be measured in terms Corp., and Purdue University. tional nighttim e propagation standards. FEDERAL REGISTER, VOL. 32, NO. 204— FRIDAY, OCTOBER 20, 1967 NOTICES 14611 adopting the philosophy of the House of concept, contained in new § 73.99, under 3. Before discussing the pleadings in detail, we note one point raised in some Representatives in enacting H.R. 4749 * w hich such operation is specifically au in 1962, in the interest of “compromise” thorized under a Presunrise Operating of them, as well as in numerous informal objections to the new rule and requests we failed to carry this philosophy to a A uth ority (PSA) from the Commission. logical result. Its objection is to what is PSA ’s are limited to 6 a.m. (local stand for waiver. This is that, for daytimers, 6 described as the “disastrous conse ard tim e ) and after (with other restric the rule provides for sign-on at a.m. local standard time (i.e., what is some quences of such rules on the public”, tions on time as to Class II stations), through the reduction in existing pre and regardless of the power authorized times called “nonadvanced” time, with out the 1-hour advancement during the sunrise operations they require. It is as for daytime use, are limited to either 590 serted that, while recognizing the neces w atts or whatever lesser power must be “daylight-saving time” period). This is 7 a.m. local time during half of the year, sity for and value of, presunrise operation used to afford the required degree of pro by daytimers, we failed to give it enough tection to cochannel foreign stations. since, following adoption of the Uniform Time Act of 1966, “advanced” time has weight. It is said that consistency re D om estic interference is not evaluated, it quires that if interference among U.S. being minimized by the across-the-board become all but universal in the conter- mihous 48 states.4 This is not usually a regional stations is to be of no concern, 5 0 0 -w a tt limitation. reduction in time and power used for 2 The petitioning parties are listed in significant problem in May, June, and July, when local sunrise is generally 5 years without complaint is not necessary, the appendix hereto (filed with the origi and, a fortiori, interference to the service nal document). They include Association a.m. (nonadvanced time, or 6 a.m. ad vanced time) or earlier; but it is an im of very distant clear-channel stations on Broadcasting Standards, Inc. (ABS, a should be similarly treated. It is stated group of full-time Class II and Class III portant matter in October, when in gen eral it means that daytimers cannot sign that the cutback in power to 500 watts stations) ; a Daytime Broadcasters Asso will cause loss of vital services in sur ciation (DBA, a group of daytime-only on before 7 a.m. local time during most stations); Clear Channel Broadcasting of the month, and to a lesser extent in rounding areas and even stations’ own Service (CCBS, a group of 11 Class I-A September, August, and late April. This, communities, and that the limitation to clear channel stations) ; A. Earl Cullum, it is urged, is simply too late in terms of 6 a.m. will affect “a great preponderance” Jr. & Associates (a consulting engineer the listening habits of the community. of daytime stations (particularly in rural ing firm seeking only a modification or 4. We recognize this problem, and are areas having no full-time local service) waiver of the remote control rule re attempting to deal with it. As we stated quirements) ; and numerous individual in the decision (report and order, appen which have been signing on at 4 or 5 a.m. licensees (including Class III daytimers. dix A, par. 28), a 7 a.m. sign-on does not It is also asserted that the reduction in Class II daytime-only or limited-time appear sufficiently early to meet the need power will be costly (sometimes requir stations, and full-time Class i n stations). for local informational services which ing a new transmitter) and that many As discussed below, except for ABS, this proceeding has demonstrated. While stations will have to reduce power to a CCBS, and Cullum (and to a very limited the months involved are perhaps not level so far below 500 watts that pre extent full-time Station KMA, Shenan those in which presunrise operation is doah, Iowa) the basis for the opposition most valuable to the public or to the sta sunrise operation will be useless both to the new provisions is that they involve tion (as valuable, for example, as winter economically and in terms of service. restrictions on presunrise use of daytime months of adverse weather conditions Only two groups of stations, it is said, facilities compared to what these stations and the high commercial activity of the would benefit from the new rules: Those have done in the past under § 73.87, with pre-Christmas period), we recognize the ordered terminated because of complaint, out being the subject of complaint. ABS desirability of a uniform 6 a.m. sign-on. is concerned about this and also about In keeping with traditional methods of and those granted in recent years and the effects of interference from presun expressing “sun time”, the agreement automatically conditioned against pre rise operations; CCBS is concerned with Canada concerning presunrise op sunrise operation. about interference to the service of I-A eration (HAS 6268, formalized June 12, 6. Claiming that the Commission acted stations.® . _ 1967) specifies 6 a.m. local standard time. without sufficient information (partic We cannot unilaterally depart from it. ularly as to the prevalance of operation * The ABS petition, which is 55 pages long, However, steps are under way to explore does not comply with § 1.106(f) of the rules, with Canada the possibility of redefining which limits petitions for reconsideration to the agreement in terms prevailing local •H.R. 4749 passed the House but was not 25 pages. On Aug. 31, 1967, ABS filed a re time.® Overall, it is not believed that this acted on by the Senate and therefore died quest asking that its petition be considered would result in conditions of materially with the 87th Congress. Paragraphs (a) and despite its length, stating that this request increased interference, since (as some (b) of the bill provided that (subject to in was inad vertently o m itte d w h e n th e p e ti parties point out), during the “advanced ternational considerations) stations could tion was filed. This^ statem ent was served on use their daytime facilities starting at 6 a.m. all other petitioners and has not been op time” months (except for October), 6 (local standard tim e), or 4 a.m. if they had posed. C onsidering th e w id e-ra n g in g ch a ra c a.m. local time is at least as close to local done so before, but not where a full-time ter of the decision, and also the fact that sunrise as is 6 a.m. standard time in station in the same community, operating much of the petition consists of quotations winter. We propose to explore this matter with licensed nighttime facilities, served the and other historical material which could with Canada in the near future. same area; a full-tim e station showing harm have been put in an appendix and would ful interference from such operation (a fairly have been accepted as such, grant of the 5. DBA petition. DBA, while approving what it characterizes as our recognition substantial showing was required) could get request appears appropriate. a hearing but the offending operation could “Oppositions and other responses to the for the first time that engineering yard be modified or terminated only after a show petitions were filed by CCBS, KFI (Los An sticks are merely one tool for, and the ing in the hearing of such interference and geles Class I-A), Storer Broadcasting Co. servant and not the master of, public that the action would serve the public inter (participating herein on behalf of WSPD, interest determinations, urges that we est. Under other paragraphs, daytime-only Toledo, and K GM S, Los A n g e le s), an d K FA X , stations not eligible under the above could San Francisco. Replies to oppositions were did not go far enough, and that, while apply for presunrise operation and get it if filed by four d a y tim e -o n ly s ta tio n s o p p o sin g Storer, and by tw o C lass II s ta tio n s (KO W H the Commission determines that harmful in and WHLO). These pleadings relate chiefly 4 Although there seems to be some mis terference to a substantial portion of another to the Class I-A clear channels. understanding on the point, licensees may station’s service area would not be caused; Tbe Commission has also received a large of course sign on at local sunrise when that and the Commission was authorized to per number of informal petitions for reconsid is earlier than 6 a.m„ as it is during a sub mit, by rule, daytime-only stations to operate eration, formal and informal requests for stantial part of the year. PSA’s are only in presunrise and postsunset (with or without waiver, ob jection s, p ro tests, e tc ., in r ela tio n tended to afford relief during other months application). The bill’s language probably to the new rule. These are not specifically when sunrise occurs later. did, as DBA asserts, represent a relaxation of dealt with herein, but the general guidelines «This would, of course, expose full-time existing standards as to what is objection or dealing with them are set forth. By and stations (both domestic and foreign) to some able interference; it did not require reduc 3f£e> they involve the same arguments and additional skywave interference during cer tion in power of presunrise operations, and it ituations as did the formal petitions for tain months of the year, varying widely from made no distinction between regional sta reconsideration. station to station and channel to channel. tions and Class n stations on clear channels. FEDERAL REGISTER, VOL. 32, NO. 204— FRIDAY, OCTOBER 20, 1967 14612 NOTICES f before 6 a.m.),T DBA asks that: (1) The presunrise operation is permitted for ABS asserts that we attached erroneous Commission adopt the approach taken daytimers without restriction as to importance to the daytimers’ showings as In H.R. 4749 (see footnote 6, above), ex whether there is a full-time station in to the value of service rendered, did not cept that its benefits not be limited to the community, and instead of a diurnal take into account the limited coverage stations in communities without a full curve for determining possible radia daytimers have during these hours be time station (a distinction we found to tion, the only protection to full-time cause of interference, overlooked ABS’ present too many anomalies to be de service in an inadequate limitation to showings as to the valuable wide-cover- sirable) ;, or (2) to stay the rules for 6 500 watts); (3) the decision represents age service rendered by some of its mem months insofar as they would require a yielding of the Commission’s tradi bers (said to be only examples), and in any reduction in existing presunrise op tional position as an expert agency in the general emphasized the provision of com erations by daytimers or fulltimers, and face of dubious concept of “Congres munity-limited service at the expense of in the meantime conduct a searching sional intent”, which ABS asserts does service to outlying areas, with respect inquiry, by questionnaire of all stations, not in fact exist (it is said that the real to weather and otherwise. As to the sixth as to the extent of presunrise operation, “will of Congress” is that we should use point—rejection of its skywave measure nature of the programing presented and the expertise for which the Commission ment data—ABS calls this arbitrary and reliance on it, the losses therein entailed was created); (4) affording adequate capricious, asserting that in the Sky- by the curtailments required by the rules, protection to licensed service is not an in wave Measurement proceeding (Docket the extent to which full-time stations supportable administrative burden (this 10492, 10 R.R. 1562 (1954)) we rejected received “objectionable interference” is what we were created for), especially skywaye measurements for adjudicatory from such operation programed for the since we are prepared to do it in con purposes, stating that they would be “loss” areas and the extent to which lis nection with processing the new PSA re considered “only in a general rule mak teners therein have complained, and the quests with respect to interference to ing proceeding”. It is asserted that this effect of the rules on the economic ability foreign stations (a disparity of treatment is such a proceeding, especially since of daytimers to compete with fulltimers labeled as “arbitrary and capricious”) ; the further notice proposed a diurnal and to provide local programing in the (5) our judgment, essentially that non curve and called for. comments on it, thus public interest. A similar inquiry of clear technical factors outweigh the technical placing the matter in issue. If as a matter channel stations is requested, as to their considerations which indicate greater of policy we are not going to consider programing aimed at potential intefer- losses man gains, is unsupported and such measurements at all in a proceed ence “loss” areas. DBA asks that the wrong; (6) we erroneously rejected its ing where they are relevant, this is said rules be allowed to stand as to stations scientific evidence, particularly its sub to be arbitrary, capricious and violative which have not operated presunrise re missions in 1966 and 1967 of the results of section 4 of the APA. Recognizing cently (the two groups mentioned of sky wave measurements (this was 3 that the measurement showings are not above). As to the Canadian question, years after the record was closed here “definitive”, ABS asserts that it has done DBA notes that the July 1, 1967, effective in ); (7) the new agreement with Canada what it could with its limited resources date specified in the agreement has al is not what it purports to be—a supple and the results should be considered; ready been "waived, and asserts that since ment to NARBA as contemplated by sec that a scientific solution is feasible and Canada has acquiesced in nationwide tion A, subsection 6 of Annex 2 to that should be sought rather than adopting a U.S. presunrise operation for so many treaty—but is a completely new agree mechanical approach.8 years, “it is inconceivable that Canada ment and thus of no effect until ratified 9. The argument as to the validity of would refuse to agree to maintenance of by the Senate (ABS also expresses con the Canadian Agreement rests upon the the status quo for the period of the re cern about the “secrecy” of the negotia language of the provision of the North quested stay.” 7* tions and the asserted “bypassing” of the American Regional Broadcasting Agree 7. ABS petition. ABS attacks the deciAdministrative Procedure A ct); and (8) ment (NARBA) which is cited in the sion herein on a number of grounds, in our legal position, that interference from agreement as authority for its adoption, cluding matters of both law and policy. presunrise operations (authorized with and on the background of that provision. Its chief concern, although by no means out opportunity for hearing) does not That section (subsection 6 of section A the only one, is the alleged failure to af infringe licensed rights, is wrong (ABS of Annex 2) defines “daytime operation” ford full-time Class n and Class III sta goes further and asserts that it is an in as being in general operation between tions protection from interference from fringement even after the full-time sta local sunrise and local sunset at the pre-sunrise operations. Its chief points tion’s license has expired and been transmitting station; however, “in par may be summarized as follows (where ap renewed). ticular cases” other daytime hours may propriate they are discussed in more de 8. In connection with the first pointbe established “either in the present tail below): (1) The decision represents a mentioned, ABS calls attention to our Agreement or in bilateral agreements, be reversal of sound technical views and decisions in the late 1950’s in Dockets tween the respective Contracting Gov concepts expressed by the Commission 1274 and 12729, where we pointed out ernments, taking into account the loca in earlier considerations of extended the losses in services resulting from pre tion of the station it is intended to hours for daytimers (and in testifying sunrise operation and stated that day protect.” ABS argues that this means on proposed legislation to the same ef time-only stations were intended to uti agreements relating to particular sta fect) ; (2) the decision departs from the lize spectrum space available after ac tions, not whole classes of stations as further notice (1962) proposal—which commodating full-time stations. In con dealt with here; and, also, that the “legis represented a compromise between sci nection with the third point, ABS refers lative history” shows that it was intended entific realities and the demands of day- to the failure of Congress to pass presun to permit agreements for restrictions on timers—in a number of respects and thus rise legislation despite a number of bills the balance is defeated (most important, introduced, and to testimony on behalf Class II stations after sunrise and before of the Commission in opposition to H.R. sunset (“critical hours”) to protect Class 7 It is asserted that daytimers do not have 4749 (in its original form) and other the resources to present information in for similar bills, opposing them in part on 8 The data advanced in 1966 and 1967 con mal filings to the Commission, and, also, the ground that the Commission had the sisted of results of measurements made over that some of them were not aware of the ^expertise to deal with such matters, three relatively short paths for a period of proposal for Class II stations. which do not lend themselves to the about 4 months, plus West German vertica 7* Roughly half of the presunrise opera “broad brush” of legislative handling incidence measurements made over about tions conducted under former § 73.87 are not (ABS states that the Commission is also a 7-month period. ABS asserts that these in accordance with NARBA protection stand measurements not only establish the inac ards. This is the crucial defect of the “per ignoring the statutory mandate of sec curacy of the diurnal curves proposed herein, missive” concept of early morning opera tion 303(f) of the Act, failing to adopt but indicate the great potential for destruc tion, to which DBA does not fully address rules to prevent interference between tive skywave interference during the Pre" its e lf. stations). With respect to the fifth point, sunrise period. FEDERAL REGISTER, VOL. 32, NO. 204— FRIDAY, OCTOBER 20, 1967 NOTICES 14613 I stations in other countries9 (a subject 11. Petitions relating to the regionalenormous task confronting the Commis later taken up between the United States channels ,* unlimited-time stations. sion in this matter, asserts that nonethe and Canada in 1953, in Docket 10453). It Eleven full-time regional stations were less across-the-board “go-no-go” rules, is also asserted that during, the late represented in petitions seeking recon of the type adopted, are simply not the 1950’s, when possible impact on the op sideration, all objecting to the restric answer to the differing needs of the vari erating hours of daytime stations was tion on full use of their daytime facilities ous parts of the country (differing needs one of the chief issues in connection with before sunrise.10 The only one making which licensees themselves are expected Senate ratification of NARBA, none of any'specific showing was KMA, Shenan to ascertain and meet) and are not con the many witnesses—many of them doah, Iowa, which operates with 5 kilo sistent with the mandate of section 307 knowledgeable in this area—ever sug watts, directionalized at night, and for (b). It is asserted that “pioneer” stations gested that this provision could be used to many years has used its nondirectional such as KMA unfairly bear the brunt of modify NARBA in the present fashion. daytime facilities starting at 5 a.m. It the resolution of this proceeding, being A B S’ other legal arguments will be dis objects to the requirement that it dis hurt in two ways—by the drastic reduc cussed later, in the conclusions herein. continue such operation.11 It stresses the tion in facilities they will be required 10. ABS urges that our decision andimportance of its long-standing and ex to undergo, and by increased inter the rule adopted be set aside, and renews tensive farm programing, and also of ference from daytimer presunrise opera its proposal, advanced during the pro early-morning weather information in tion; and in both respects its “316 rights” ceeding, that a government-industry connection with agriculture and school are violated (its argument is elaborated committee be set up to derive, from ex and school-bus schedules, road condi in the conclusions herein). KMA asks isting or new data, a suitable set of di tions, etc., a service said to be of great that we “grandfather” existing 5 kw. re urnal curves for evaluating operation importance to its widespread, largely gional operations to provide continued during the transitional presunrise period. rural audience and not provided by other service in rural areas. It is pointed out This, it is said, is the only way new day- stations. It is asserted that, because of that we have recently applied a “grand timer presunrise operations can be per the four deep nulls in its nighttime pat father” approach in CATV matters with mitted, and such operations by full- tern, directional operation during these respect to the top 100 TV markets (not timers maintained, with a minimum of hours will mean loss of its present service proceeding toward the removal of “dis destructive interference. In the alterna to all or parts of nine counties (in three tant” signals received before Feb. 15, tive, if the decision is permitted to stand, States), including areas quite close to 1966, even though off-air service in these it asks certain specific relief for full its community and including 24 of the markets is generally plentiful, almost by time stations which Will now be using 111 school districts which rely on it for definition); and we should take the same their directionalized nighttime facilities school-closing information. It is stated approach here. during presunrise hours (it anticipates that operation under the “emergency” 12. Petitions by daytime-only regional that many will, rather than taking the rule (§ 73.98) is not a substitute because stations.' Eleven formal petitions were 500-watt daytime-facility option). These its listeners depend on and look for its filed on behalf of 20 regional daytime specific requests are: (1) Relaxation of daily service, and their needs would not stations. Four of these stations make the remote-control and first-class oper be met by “now and then” broadcasts. only the point about “6 a.m. local time”, ator rules, discussed below; (2) permit It is asserted that PM is no substitute already discussed, and an argument con ting such directionalized operations to either, since there is no channel avail cerning the language of § 73.99(f), which radiate up to 124 mv/m in their “null” able at Shenandoah in the PM Table of describes the PSA as “secondary” and directions during the presunrise period Assignments. KMA urges that this dis terminable without notice or hearing if rather than adhering to the lower values ruption of service, and “white areas” circumstances require. This is discussed specified in their nighttime authoriza which will result, simply makes no sense; below. The remaining 15 stations—as tions (this is the equivalent of 500 watts and that the need for early-morning well as a large number of other day timers nondirectional radiation) ; (3) further service in rural areas—which we recog who have filed informal petitions for re rule making looking toward appropri nized in 1940 when we changed sign-on consideration, requests for waiver, ob ate standards and procedures by which time for daytime-only stations from local jections, protests, etc.—oppose the re full-time Class II and i n stations using sunrise to 4 a.m.— “ still exists (it is duction in operating power or hours, or daytime facilities presunrise before Jan asserted that in this area, unlike some both, which the new rule will require as uary 1962 could do so again (subject to parts of the country where stations have compared to their present presunrise the requirement of protecting foreign proliferated since, there are still few operation, often of long standing. The and Class I stations). arguments advanced are much the same stations). KMA, while recognizing the as those detailed above. Except for two (WHUN and WXLW), the presunrise ‘This argument is based on certain docu 10 Ten of these stations filed in two very operations of these stations have not been ments prepared in connection with the nego brief petitions, simply questioning the legal the subject of an interference complaint, tiations leading to NARBA (Montreal 1949). effect and validity of the Canadian agree and it is asserted that such operation Jhe United States proposed a definition of ment (described as an important element with full daytime facilities should be daytime” and “nighttim e” which specified in our decision) in the same manner as ABS, permitted to continue, at least until a l FEDERAL REGISTER, VOL. 32, NO. 204— FRIDAY, OCTOBER 20, 1967 14614 NOTICES Colby, Kans., as early as 4:30). Some other places have Class IV stations, and standards) to the Class I-B station to assert that they will lose substantial one is very close to a city with full-time the west (at Seattle), and therefore it revenues (the hours in question are said AM and FM service (Braddock Heights, has been signing on under § 73.87 at to be those most valued by advertisers); Md.)). As to FM, nine of the 20 stations sunrise New York City or shortly there KXXX asserts that the 25 percent of its are FM licensees or permitees, and three after. Its very brief petition simply raises revenue which comes from “farm” ac others are in cities where there are un the same arguments questioning the counts will be jeopardized, since such ad occupied assignments available for them validity of the Canadian agreem ent vertisers would not be interested in a to apply for. In three of the communities mentioned above for certain fulltim e station which cannot reach the wide (including Braddock Heights), there is stations, and asks that its present pre rural audience which KXXX serves, dur no other station and no FM channels are sunrise hours of operation be “ grand ing hours which are most important for assigned. fathered”, and permitted to begin at farm listening.13 15. Other pleadings concerning the sunrise New York City even when that 13. Some claim that this loss will im regional channels. Most of the responsive is earlier than 6 a.m. local time (it does pair their ability to present public-serv pleadings filed with respect to the peti not specify what its actual hours have ice and other programing in the public tions for reconsideration concerned been). WTPR is the only AM station in interest; KGNB asserts it will probably Class H stations on U.S. I-A and I-B Paris; it is a Class A FM licensee. have to give up its Spanish programing. channels, and are discussed below under 18. Two petitions by limited-time It is urged that a licensee takes each that topic. Storer Broadcasting Co., par Class II stations on U.S. I-A ch ann els license renewal subject to the interfer ticipating in the proceeding with respect (located west of the cochannel I-A’s), ence then existing and with the opera to its Stations WSPD (full-time region as well as Storer’s responsive pleading ting privileges it has had, and we are al) , Toledo, and KGBS, Los Angeles, filed insofar as it relates to KGBS, raise the violating daytimers’ licensed presunrise a response in which it opposed DBA. Gen question of the time limitations, 6 a.m., rights in order to reduce the interference erally supporting our decision as against applied to these channels. The Canadian which full-time stations took their re DBA’s objections, Storer states its belief agreement specifies “6:00 a.m., local newals subject to. It is asserted that this that the compromise reached leans too standard time” as the earliest starting restrictive action is taken with no show far away from engineering considera time for Class II, as well as Class III, ing as to what losses are actually caused tions in rejecting various proposals ad presunrise operation, without any ex by the interference from more extensive vanced by Storer, such as restricting pre ception for U.S. I-A channels. However, operation; and that we are acting too sunrise operation to 250 watts rather as these parties point out, there are no much from considerations of administra than 500 watts and avoiding additional Canadian stations on these U.S. I-A tive convenience. In one case (WHUN, interference losses by confining presun channels^ (660, 750, and 1020 kc/s), or, Huntingdon, Pa.) it is asserted that the rise authority to those stations which had indeed, on any U.S. I-A ch ann els. reduction necessary under the Canadian previously engaged in it and whose lis KOWH, Omaha (660 kc/s) seeks a sign- agreement for that station, to 125 watts, teners had come to rely on it (a position on time of 6 a.m. local time (which it is so drastic that, with the interference taken by Commissioner Cox in partial now uses)., and raises the point already prevailing on the channel, the station dissent from the decision). Storer con dealt with in this connection. It also can probably not even serve the city and cludes this portion of its response by as urges that, if necessary, stations in its it would hardly be worth while. The cost serting that, on reconsideration, we situation should be notified interna of reducing power is also mentioned. Not should limit the privilege to stations tionally as “specified hours” operations, all of these parties have specific sugges which have operated presunrise in the starting at sunrise at the Class I sta tions as to resolution of this matter ex past, and limit it to 250 watts. tion or, at least, at 6 a.m. local “ad cept that the restrictions in the rules not 16. A joint reply to this pleading was vanced” time when that is later than apply to them; KXXX suggests (as did filed by four daytimers (three regional sunrise at the dominant station.14 KMA) “grandfathering” all 5-kilowatt and one Class II) authorized since Jan KMMJ, Grand Island (750 kc/s) which regional stations and KGNB suggests a uary 1962 and thus conditioned against emphasizes farm programing and signs general “grandfathering” or, at least, presunrise operation pending the deci on at 5:15 a.m. when sunrise at A tlan ta maintaining the status quo while the im sion in this proceeding. These stations permits it to do so, makes much the pact is studied and a suitable basis for oppose Storer’s suggestion, asserting that same arguments as KMA, including continuing full-power operation is their communities have the same needs those concerning the validity of the evolved. for presunrise service as those where Canadian agreement and its rights un 14. For the most part, the 20 com stations have been, so operating, and that der its license previously mentioned un munities in which these stations are lo it would be highly unfair to place these der KMA. It also asserts that the adop cated have no full-time AM stations (In newer stations—which need the eco tion of this restriction is illegal because dianapolis and El Paso have multiple nomic benefit during the initial stages the further notice herein, of November such services; there is a full-time “re of their operation—at such a disadvan 1962, proposed to permit full use of gional (1 kw) at Watertown, N.Y.; three tage compared to older stations. It is daytime facilities by Class II’s on U.S. also asserted that Storer’s suggestion I-A’s, located west of the dominant sta should be rejected because it is an affirm tion, without any restriction as to tim e; 18 KXXX also makes the point that, with ative request for revision of the decision most of its audience located in the central therefore, relying on this, it did not time zone although it is in the mountain and thus should have been filed as a comment in the proceeding. It is also as tim e zone, 6 a.m. for it means 7 a.m. for most petition; treated as a petition it is ob serted that with KMMJ directionalized of its audience in the winter months and viously not timely. Of the four stations, to the west so as to protect the A tlanta (under “advanced” time) 8 a.m. in the day two have no other AM stations or FM I-A station, and over 900 miles away, it light-saving portion of the year. This, it is assignments, although one ((Hyde Park, in all probability does not cause any in said, represents a tremendous loss in operat N.Y.) is close to a larger city which terference to that station after sunrise ing hours. This station makes many of the does); one is in a city with a Class IV at Atlanta. It emphasizes its extensive same arguments advanced by KMA, above, including the inadequacy of weather broad and FM station; and one is in a city and assertedly unique farm programing, casting under the “emergency” rule (it is with fulltime regional and FM service. and claims that hours before 6 are highly asserted that, with its tremendous service 17. Petitions and pleadings concerning important to give the farmer needed in area, the station’s staif at Colby might not Class II stations. Five Class II stations formation before he starts work. It is even be aware of real emergency conditions petitioned for reconsideration, as did asserted that the other Grand Island in another part of that area, and that the Clear Channel Broadcasting Service full-time station (a Class IV) is so station cannot afford to maintain a “weather (CCBS), an association of 11 Class I-A limited in coverage at night that n watch”). KXXX also stresses its great cov licensees. One of the five is station scarcely covers the city and cannot be erage, presenting announcements of live gin to reach KMMJ’s wide rural audi stock auctions in 69 counties in four States, WTPR, Paris, Tenn., a daytime-only school closing announcements for schools in station on 710 kc/s. Authorized for 250 ence, and it is said that FM service i 29 counties in three States, and official watts power, this station is far enough weather information for school districts in away so that operating presunrise it does 14 The request Is in the alternative, U* 21 counties. not cause interference (using nighttime reconsideration or waiver. FEDERAL REGISTER, VOL. 32, NO. 204— FRIDAY, OCTOBER 20, 1967 NOTICES 14615 the area is almost nonexistent, with few decision contained only brief references relied-on service.17 WHLO’s petition and receivers, so that people could simply to the problem of protecting the skywave its waiver request emphasize its position not get the same service and economic service of Class I-A stations.18 Noting the as the only Akron AM station not per considerations preclude KMMJ’s at fluctuating nature of skywave service mitted full-time operation but having a tempting to build an PM market. It is- with respect to time of year, and the wider presunrise service area than the urged that the decision be set aside or at small portion of total nighttime hours others (it claims coverage of 18 counties least modified to give “grandfather which are involved here, WHCU asserts in northeastern Ohio). WHLO is not an rights” to Class II stations west of co that no order terminating existing pre- FM licensee; there-are multiple full channel U.S. I-A stations: sunrise service on the basis of interfer time AM and FM services in Akron and 19. Storer’s pleading on behalf of ence to I-A skywave service can be close-by communities.18 KGBS makes some of the same points adopted before certain questions are 23. Filings on behalf of Class I-A sta concerning the absence of Canadian answered, as to whether the Class I-A’s tions. CCBS sought reconsideration on stations on these channels and lack of skywave service during this period mere behalf of its 11 I-A licensee members, Canadian interest in any restriction on ly duplicates what it has presented dur agreeing with our decision to terminate U.S. Class II stations on them. Storer ing earlier hours, the extent to which presunrise operation by Class n stations also alleges what it considers the spe it is actually relied on (in view of its on these channels to the east of the dom cial status of “limited time” stations seasonally varying character) and is inant station (noting its showings in such as KGBS (KMMJ is so licensed intended specifically for distant audi earlier proceedings as to the losses from also). It is asserted that the Canadian ences who would lose its service through such operations to the wide-area service agreement’s reference to use of “day interference, whether destructive inter of Class I stations), and urging that the time facilities” only after 6 a.m. ob ference is actually caused, and the need same principle be applied to those to the viously. refers to either daytime-only for the presunrise operation in question. west, or, at least, that they be limited stations or full-time stations authorized It is also asserted that our treatment of to 500 watts (or daytime power if less), different facilities day and night, and stations in this category differs arbi a matter at issue in Docket 17562. It was not to “limited time” stations, which trarily from that of Class II station to also urged that such operation be only (under § 73.23(b) of the rules) are au the west of cochannel dominant stations, on the basis of a PSA duly sought and thorized to operate not only daytime but since we are allowing operations by the issued (none are required under the note during nighttime hours not used by the latter even though recognizing that it to § 73.99(b) (1)). CBS, in a supporting dominant station (where located east of may cause some skywave interference to statement, asserts that the Class I-A sta the I-A station they may operate until the dominant station to the east (Report tions must be relied on to cover the new sunset at the dominant station’s loca and Order, Appendix A, footnote 9). “zones of interference” which we recog tion). Calling attention to our observa Making the same argument mentioned nized might occur as a result of our deci tion in the notice of proposed rule mak above under ABS and others concerning sion, and called attention to its com ing in Docket 17562 (power limitation on the need for flexibility in administrative- plaint against Class H’s operating after Class II presunrise operation) that con agency determinations, WHCU asserts sunrise New York (but before their own ditions on U.S. I-A channels are that, perhaps unlike the regional chan local sunrise), which we recognized in somewhat different from .those on nels where a broad approach is required the decision (Appendix A, footnote 9), as other frequencies, Storer states that this by the number of stations and situations a potential source of interference to should apply to time as well as power, involved, here there are only a few sta WCBS. CBS also objects to termination and asks us to declare that the 6 a.m. tions to be considered, and ad hoc eval of what it believes to be the right of limit does not apply to these channels uation is necessary before existing pre Class I-A stations to protection from and adopt the rule proposed in the 1962 sunrise operations are terminated. undue interference under former § 73.87 further notice herein. WHCU in this petition and • its waiver (b), asserting that this was never con 20. The other two Class II petitions request asserts the value of its presun templated in the proceeding and there are from Class II stations located east rise service (farm information, weather, fore adoption thereof is a violation of of the dominant cochannel I-A stations etc., with special emphasis on the latter the Administrative Procedure Act. and are precluded under the new rule because Ithaca is in a “snow belt”) , and 24. CCBS also filed an opposition to from any operation before local sunrise— submits some 30 letters from farm offi the four petitions by Class n stations on WHCU, Ithaca, N.Y., and WHLO, Akron, cials, school authorities, and others (e.g., I-A clear channels, described above.“ As Ohio (both also have waiver requests Red Cross officials concerning emer to KMMJ and its claim of public injury pending). These stations have been en gency blood requests). It asks that we through the preclusion of early-morning gaging in presunrise operation starting amend the rules to make Class II sta farm service, CCBS (one of whose mem at 6 a.m. or shortly thereafter, for some tions located east of cochannel U.S; I-A bers is WSB, the dominant station on years, WHCU on the basis of an agree stations eligible for PSA’s where they so that channel at Atlanta) asserts that ment with the cochannel I-A station operated before July 1967. We note that this is a balance between local service (WWL, New Orleans)“ and WHLO on WHCU is a Class B FM licensee. and interference which our decision con the basis that, so operating, it does not 22. WHLO, Akron, bases its argumentsidered and reached; that KMMJ has cause interference within the 0.5 mv/m chiefly on the fact that a 500-watt pre not shown how many farmers actually 50-percent skywave contour of the co- sunrise operation would not cause inter rely on its service earlier than the hours channel I-A station, KFI, Los Angeles, ference within the skywave service area of sign-on permitted by the new rules; and therefore under its interpretation of of KFI, Los Angeles; therefore, it is former § 73.87 such operation was per asserted, it was permissible under former 17 The sign-on hours would, of course, mitted. § 73.87 and should be permitted to con have to be keyed to sunrise at Class I-B 21. WHCU asserts that our action tinue without disruption. It asserts that Station CBN, St. John’s, Newfoundland, adopting a rule precluding presunrise ad hoc consideration must be given to under new § 73.99 and the Canadian Agree m e n t. operation by stations in its situation is situations such as that of WHLO before essentially illegal, because the matter 18 WHLO also asserts that KFI’s service ® n°t receive much specific attention existing operations are terminated. It is area is already limited by a Cuban cochannel asserted that it has no impact on the station to a point closer to Los Angeles than m the 1962 further notice (the text of WHLO’s presunrise operation limits it; and f rfv5^e concerning Class IE’s was set service of KFI (which apparently did not that the absence of objection by KFI up to in™? nr a footnote), it was not covered know it existed) and that, even if ter now to its operation cannot be explained by n the record in this proceeding, and our mination would add to that station’s the 6 a.m. operation of WOI, Ames, Iowa, under Special Service Authority, since service area it would merely be a new WHLO’s operation occurs earlier (the WOI ig, Ti}e first agreement was entered into in service, for which no need has been operation is the subject of a hearing con 6'” has n°t been renewed for some years; shown, at the expense of an existing and cerning its continuation). thnt«?re ^ is Pr°hably more accurate to say M KFI filed an opposition to the WHLO pe of nKi ?Peration takes place in the absence tition substantially similar to that^fif CCBS, there f^ÌOn ^ WWL which has knowledge M Report and Order, footnote 8a; Appendix stating it will oppose a waiver request by A thereto, footnote 16. that station. - FEDERAL REGISTER, VOL. 32, NO. 204— FRIDAY, OCTOBER 20, 1967 14616 NOTICES and that, while many Class II stations ary service area”, and the listeners af treaty entered into force in 1960 (after do not maintain farm departments, all of fected, if any, would be affected in the ratification by the U.S. Senate), this its I-A members maintain extensive farm dead of night (3 a.m. Pacific time and country was faced with the necessity, in operations and specialize in programing after). compliance with its international under for small-town and rural America; that C o n c l u s i o n s takings, of bringing presunrise opera any extension of Class II operating hours tion—which is operation during night beyond those permitted by the new rules 26. The regional channels. After care ful consideration of the pleadings dis time hours—into conformity with the would destroy the vital skywave and new agreement, including notification. As groundwave services of Class I stations; cussed above, it is our view that with re spect to the regional channels, our deci ABS showed in its comments in the pro and, indeed, the best solution to provid ceeding, observance of NARBA require ing farm and weather service to rural sion herein of June 28, 1967, and new § 73.99 of the rules adopted therein, ments with respect to Canada would have America would be to eliminate all presun required a large number of existing pre rise operation by Class II stations on U.S. should be affirmed without change, with Class I-A channels. With respect to the understanding that an effort will be sunrise operations to be terminated or, if made to redefine the 6 a.m. sign-on in lesser powers could be used, sharply WHCU’s argument based on lack of ob curtailed in power. jection by the dominant station, CCBS terms of prevailing local time. In reach urges that it is not in the public inter ing this determination, it is appropriate 29. Both of these developments made it est—and, indeed, may well be an imper to make some observations concerning considerably less than certain that, just missible delegation of the Commission’s this proceeding and the nature of the because a particular presunrise operation duties under sections 303 (c) and (f) — decision reached before. had been conducted without complaint in to have rules which permit licensees to 27. Former § 73.87, the long-standing the past, it would continue to take place agree on operation which causes destruc “permissive” rule, was adopted in Oc without complaint or international prob tive interference contrary to the public tober 1941, when there were a relative lems. Also, in 1961, Storer Broadcasting interest. With respect to the “6 a.m. local handful of AM stations compared to the Co. (licensee of WSPD, Toledo, on behalf time” argument, CCBS urges that since present number—882 altogether com of which it had filed a number of presun standard (nonadvanced) time is in ac pared to some 4,250 today, and, in par rise complaints) filed a petition asking cord with the pertinent physical facts ticular, 60 daytime-only stations com for certain changes in the procedures relative to interference, it should prevail pared to some 2,180 today, 1,214 of them followed under § 73.87, some of which as the rule now provides. As to WHLO, on regional channels. The rule worked were proposed in the original notice CCBS urges that we should adhere to “a reasonably well for a number of years, herein in December 1961. A number of sound, long-standing Commission pol permitting presunrise use of daytime daytimers opposed the petition and the icy” prohibiting presunrise operation by facilities without generating a substan notice proposals because it was believed easterly Class IPs on I-A channels, and tial number of interference complaints. they would make easier the filing and that this single situation should be con It appears that the vast majority of perfecting of presunrise complaints by sidered on a waiver basis if at all. It is regional daytimers, and many fulltimers, daytime-only stations, which, indeed, did asserted that permitting presunrise took advantage of the rule. However, by appear to be one of the purposes of the operation by eastern Class IPs will cause the late 1950’s this had ceased to be true. petition. a large part of the country to lose all The number of complaints was markedly 30. With all of the domestic and inter AM service because of interference; it increasing (in part, at least, because of national uncertainties and anomalies is asserted that, since 6 a.m. Akron is the increased number of stations), and, that had developed by 1962, it appeared 3 a.m. Los Angeles, this is nighttime, not under the procedure then used, these highly desirable, if not imperative, that transitional, operation in wintertime, and generally led to automatic, and summary, whatever presunrise' operation was would result in an “intolerable” loss of termination- of the operation complained to be allowed in the future should be skywave service and illegal modification of, to the annoyance of the station and on a more orderly basis. Also, there were of KFI’s license from Class I-A to Class often of its public who had come to rely developments of a more substantive na I-B status. Referring to our earlier state on it.20 The uncertain status of operation ture. The increase in presunrise com ments stressing the importance of clear under section 73.87 was underlined in plaints appeared to indicate a feeling channel service and of allowing it to be 1961 by the decision of the U.S. Court that general presunrise interference con received wherever it can be, free of in of Appeals for the District of Columbia ditions on the channels were becoming terference, CCBS asserts that neither in WBEN, Inc. v. PCC, 290 F. 2d 743, worse, just as we observed them to be KFI nor the I-A station at Salt Lake City which held, in effect, that unless we were in the nighttime AM service generally.“ should be “duplicated” in any fashion, prepared to condition a grant of im In July 1962, the House of Representa since they are the only I-A stations in proved daytime facilities against use tives passed H.R. 4749, which appeared the West, where the bulk of the “white thereof before local sunrise, an unlim to indicate that body’s belief that the area” is, and provide early morning sky- ited-time licensee able to show that such rather strict nighttime engineering wave service beyond their 0.5 mv/m 50- use would cause it interference under our standards which had been used in evalu percent skywave contours. The fact that regular nighttime standards had stand ating presunrise service and interference, WHLO has been engaging in such oper ing to object to the grant and a right to both in general “extended hours” rule- ation “in violation of the Commission’s a hearing on the question of interference. making proceedings in the late 1950’s rules” is no reason to continue to de 28. There were also international con and in passing on presunrise complaints, prive listeners in the “white area” of this should be applied somewhat less rigidly siderations. The language of the 1937 and automatically (see footnote 6. skywave service. NARBA was somewhat ambiguous, but above). In light of these developments, 25. Storer in its pleading labeledits successor, the 1950 NARBA, contained we restudied the situation during that CCBS’ suggested prohibition of pre the very precise language, in paragraphs year, and in November 1962 issued the sunrise operation by western Class IPs (a) and (b) of subsection 6 of section A proposal contained in the further no as without foundation, since such opera of Annex 2, that “Daytime in general tice herein, which appeared to us to tion has historically taken place. KOWH means operation between the times of and WHLO replied to CCBS’ opposi local sunrise and local sunset at the represent a suitable balance between two tion to their petitions, the former merely transmitter location of the station” (sub conflicting considerations—on the one repeated the allegations in its petition ject to possible supplemental agreements hand, the fact that daytimers often ren concerning the desirability and signifi discussed below) and “Nighttime is op der valuable locally oriented service dur cance of 6 a.m. “local time” sign-on and eration at any other time”. The agree ing these hours, with respect to news, asserting that CCBS has not refuted ment also provided, of course, for notifi weather, etc., and, on the other hand, them. WHLO asserts that the “interfer cation procedure. Therefore, when this ence” caused to KFI by its presunrise the fact that such operation, taking place operation is of little significance, con 20 As we pointed out in the decision, by 1967 siderably less than that permitted on the there had been complaints filed by and » In May 1962, we imposed a “freeze” on the decision for stations on regional chan against stations on 25 regional channels, acceptance and grant of most AM app 1 nels, since it is not within KFI’s “second compared to only 15, 3 years before. tio n s. FEDERAL REGISTER, VOL. 32, NO. 204— FRIDAY, OCTOBER 20, 1967 NOTICES 14617 during nondaytime hours, does cause sub full daytime facilities instead of night this was also a term of the further notice stantial interference. The solution final time directional facilities. It may be that proposal, and is one we would likely ly adopted differs somewhat from that there will be some loss in service pres adopt for domestic purposes also, even in proposal, in light of the record, but it ently provided, to those areas which are the absence of foreign considerations. As still nonetheless represents—as it must— in the “nulls” of the nighttime pattern; we mentioned in the decision (Appendix a compromise. but overall service may well be improved. A to report and order, par. 27), we are 31. As noted, almost the sole ground If KMA wishes to concentrate on the not persuaded that, in general, earlier of complaint of the regional channel peti “null” areas, it has an option of using operation has enough public interest to tioners (other than ABS) is the restric 500 watts nondirectionally.23 We also warrant the extensive interference en tion on their operation compared to what point out that, while the overall power tailed during the pre-6:00 a.m. period, they have used up to now, wifcn respect restriction is not required by the Cana when interference conditions more close to power (they have been using full day dian agreement, many regional stations ly approach, or equal, full nighttime con time facilities, and most are authorized would be limited to power of this level, ditions.25 Like the matter of power, this is more than 500 watts) or time (some have or only slightly more, by the require part of the balance and compromise been operating earlier than 6 a.m. Local ment of protecting Canadian and other which must be reached. time) or both. With two exceptions, the foreign stations, which we are not in a 35. One thing we note in connection stations have been operating without in position to waive. with our decision, although not neces terference complaints, and the question 33. We cannot accept the contention sarily a determining factor in it, is the is asked as lo why such curtailment, and of DBA that—in order to “grandfather” general availability of the PM service. disruption of relied-on service, should existing operations, particularly day- As pointed out above, of all daytime therefore be required. The answer lies in timers—we should treat engineering regional stations filing formal petitions, the necessity for reaching a balanced standards of protection to licensed serv almost half are PM licensees or permit compromise of conflicting interests with ice any more lightly than we have in the tees, in most of the communities there is in the framework of this country’s inter decision. To do so would be to take too PM service, and in all but three there are national obligations concerning the noti lightly the apprehension expressed by PM channels assigned (one of these prob fication to foreign countries of standard ABS—that local presunrise service by ably could get an assignment; two could broadcast operations, and proscribing daytimers is being accommodated at the not) .2* An FM assignment could be found such operations when they cause objec expense of wide-area coverage by full for Shenandoah, Iowa, and, as men tionable interference to foreign cochan time regional stations to rural areas tioned, all but one of the other petition nel stations. Both in the further no which have no stations at all. DBA al ing full-time regional stations are PM tice proposal and in the decision adopted, leges inconsistency in our deciding that licensees or permittees (the one is in a we set forth an arrangement which interference on the regional channels is city with multiple PM services). The would preclude full-time regional sta “of no concern” and then imposing a 500- (same is true, although perhaps to a tions from the right which they had watt limit on existing operations. Inter lesser extent, of stations filing informal hitherto had, of filing interference com ference is not “of no concern”; it is petitions or formal or informal waiver plaints where they believed the matter simply that, in our judgment, a limita requests, objections, etc. We will shortly serious enough to warrant the effort tion to 500 watts is a reasonable, and institute rule-making looking toward (which included reversion to their own easily administered interference control making assignments available in their nighttime facilities). This had been one device. Possible consideration of greater communities, if none is there now, and means of affording a measure of protec power, on a waiver basis, is discussed it appears that an assignment is war tion to licensed unlimited-time services. below.24 ranted. In this connection, two plains- With its removal, some other method of area stations (KXXX, Colby, and Class 34. With respect to operation before II station KMMJ, Grand Island) assert providing a degree of protection was re 6 a.m., as mentioned, some of the conten quired. This was achieved by limiting all that this simply is not the answer in tions on this subject concern only chang their areas, where there is little or no FM presunrise use of daytime modes of oper ing the rule from 6 a.m. standard time to ation to 500 watts, or lesser power if service and therefore very few receivers. 6 a.m. “local” time (i.e., advanced time). We note, however, that at Colby another necessary to afford foreign protection.22 As mentioned above and in the notice of 32. This reduction may result in some party recently foresaw enough interest proposed rule making adopted herein, we to petition for assignment of a wide- loss of existing presunrise service (par ate presently of the view that, at least ticularly, perhaps, in the case of 5-kilo coverage Class C channel there (which for the regional channels, this is appro was done), and another Class n station watt operations now restricted to 500 priate, and propose to amend the rule in watts) but it is necessary if the com in Nebraska (WJAG, Norfolk, a town this respect if it can be accomplished in smaller than Grand Island) is an FM promise and balance are to be main ternationally. As to operation earlier tained. We also point out that the general permittee. But, whether or not FM is than that, such operation is precluded available or viable in a particular case, power cut-back means a reduction in by the Canadian agreement unless, of interference; and, as we observed in Ap we believe the limitations previously course, the operation would be free from adopted, and affirmed herein, must be pendix A to the report and order (par foreign interference considerations so as agraph 26), interference conditions on applied if the balance struck—which ap to be capable of being considered on a pears to be the best available—is to be hiany channels may well be improved, so regular application and notification basis that a given amount of power will pro (it is believed that few are thus sus maintained. duce usable service over an area as great ceptible) . This is discussed below in con 36. As indicated above, in general the nection with possible waivers. Moreover, parties commenting concerning the re °r greater than that served now with gional channels seek “grandfathering” a higher power. The same general con of existing operations—their own, their siderations apply in the case of KMA, » Station KFNF, full-time, is licensed to general class of station, or all existing Shenandoah, Iowa, which seeks to use provide nondirectional 500-watt service at night at Shenandoah. « In this connection, it should be observed 25 As mentioned in footnote 11, above, KMA, . Two of the petitioning daytimers com- that the difference in service area between 500 which is one of the stations stressing Its farm P am specifically of the low power they will watts, and a higher power, is not necesarily programming, signs on at 5 a.m.; but in its of to use to meet the requirements as great as might appear. One informal earlier comments in this proceeding it ap the Canadian agreement with respect to waiver request stated that the reduction from peared satisfied with a 6 a.m. sign-on. hannel Canadian stations. Such com- 1 kw. to 500 watts would cut t1*® station’s 28 CaruthersviUe, Mo., can receive an assign ooi + cann°t of course be considered. We service radius in half. This is not the case. ment; the two communities which cannot are viat °U^ in connection that the pro- In one formal waiver request, supported by Braddock Heights, Md., and New Braunfels, arin,0?8 0i the agreement, and Figure 12 engineering (KLIK, Jefferson City, Mo.) it is Tex. The former is almost adjacent to Fred l Pted in the new rules, are substantially shown that with 500 watts the interference- erick, Md., as noted above; the latter is about tirlrestrictive than NARBA; if these sta free presunrise contour would extend about 30 miles from San Antonio, and thus within rt"™ were required to conform to NARBA 10 miles from the transmitter, oompared to the service range of clear channel Station low *61116*1^3 *hey would be lim ited to even about 16 miles with 2.18 kw. and 20 miles WOAI and numerous San Antonio FM sta er Power if permitted to operate at all. w ith 5 kw . tio n s. FEDERAL REGISTER, VOL. 32, NO. 204— FRIDAY, OCTOBER 20, 1967 No. 204—Pt. I----5 14618 NOTICES presunrise operations. DBA requests (if wise, in our view, there would not really developed, this view appeared to be justi we do not adopt its sweeping suggestion be a balance and fulltimer service would fied, and was adopted in the decision, for resolution of the proceeding) that we be subject to undue interference over which, as mentioned, struck what we undertake an elaborate survey, by ques all. It might well mean that all, or most, believed, and still believe, to be an appro tionnaire, into programing and other applications for new or increased facility priate balance. ABS asserts that we matters concerning all stations involved daytime-only stations would have to be wrongly did not adhere to sound engi in this proceeding, meanwhile staying the the subject of hearings, under the WBEN neering principles; DBA apparently rules for 6 months except permitting case, supra, since virtually all regional would have us dispense with them stations not hitherto authorized presun daytimer presunrise operations cause ob entirely as far as protection of full-time rise operation (or terminated on com jectionable interference, under . our regional service is concerned. Again, we plaint) to operate under the new rules. nighttime interference rules, to, one, or have struck what we believe to be the ABS asks that the decision and rules be 'usually more, full-time stations. This most appropriate balance between these set aside pending study of transition-pe “permissive” system has proved con positions, in light of our restudy and the riod propagation conditions, and devel siderably less than satisfactory during ensuing record made in this proceeding. opment of a suitable diurnal curve, by an the last years of its existence, and we see ABS also criticizes our action as depart industry-government effort. no reason to return to it (interference ing from the further notice proposal 37. For reasons set forth above, we do complaints, of course, might well be even (which itself represented a balance), in not consider “grandfathering”, as such, more numerous because, for international permitting presunrise operation by all a possible solution, because it is not con reasons, the Commission would have to daytimers rather than just those in com sistent with the balance arrived at herein, have information, not easily available at munities without a full-time station, and which we believe to be an appropriate present, as to the exact extent of the pre employing only a flat 500-watt limit one. Also, to the extent it would permit sunrise operations of various stations). (said to be inadequate) as a protection the continuance of operations causing 39. Alternatively, the other possible from interference. The reasons lor this objectionable interference to foreign sta course would be to proceed on what were discussed in the report and order tions (which many would), it would be might be called a modified “grandfather” (par. 19) and Appendix A thereto (pars. inconsistent with this country’s interna basis, such as, perhaps, reducing power 24 and 40) and do not need repetition tional obligations. Moreover, “grand on a proportionate basis (5 kw. opera here; we believe the balance arrived at fathering” would almost necessarily in tions to 2.5 kw., etc.), or using 1 kw. in is a sound one. ABS also asserts that we volve withholding of presunrise privi stead of 500 watts as the ceiling. However, attached too much weight to the “non leges from new stations, a course we con this has not been suggested by any party technical” aspects of daytimer service sidered in the decision and decided not to on reconsideration, and we believe it showings and too little to those of full- adopt (Appendix A to report and order, would necessarily involve withholding timers (mostly its members), while DBA par. 25). As to suggestions that, essen presunrise rights from stations which insists that we acted with too little infor tially, we withhold the decision herein have not so operated before, if the bal mation as to the value of existing pre pending studies of various types, this too ance is to be even roughly approximated. sunrise service by daytimers. We had the cannot be considered seriously. For one This we have rejected before and do benefit of submissions by numerous sta thing, continuation of operations which again (see Appendix A to report and or tions on both sides, and gave it appro do not comply with treaty obligations is der, par. 25) priate weight. As noted in the decision precluded by the manifest need for in 40. ABS and DBA present a number of (Appendix A, pars. 1, 6, 11, 16, 17), the ternational reciprocity in frequency related, but opposite, arguments against daytimers made somewhat more per management. various aspects of our decision. DBA suasive showings as to the extent to DBA’s suggestion (par. 6) that Canada asserts that we failed to carry out the which listeners rely on their service. would, or should be asked to, agree to philosophy of H.R. 4749 to a logical con 41. ABS also attacks our exclusion of maintenance of the status quo pending clusion in the public interest; ABS its late-submitted skywave measurement the 6 month’s study requested, is hardly asserts, on the other hand, that there is data. Our rejection of this material was appropriate for consideration at this no “will of Congress” in this area, except because—being limited in nature (see juncture. Moreover, in connection with that we use our expertise, and that we footnote 8, above)—it did not materially this request, it seems hardly likely that mistakenly thought there was and help as a tool in the resolution of this the survey requested by DBA—involving abandoned our expert judgment in favor proceeding. We did not say in the deci thousands of stations and a vast and of a “broad brush” approach. The sion, and certainly do not say now, that somewhat amorphous amount of infor answer to both is that one House of Con skywave measurements will never be mation—could be completed in 6 months, gress, in 1962, passed a bill, and in con considered in rule-making; but these, or indeed satisfactorily at any time in nection with deliberations leading to it limited as they were, did not appear the near future. Our experience with we expressed our willingness to restudy either to serve as a useful tool for eval other questionnaire surveys, involving the matter. The result of that restudy uating transition-period conditions or to fewer respondents and narrower and was a tentative view that daytimer pre afford reason to postpone decision of this more specific points, is to the contrary. sunrise operation rendered a more sig long-standing and important proceeding ABS’ suggested study also is not one nificant service, placed in comparison to any longer.*9 As we stated (Appendix A which could be completed in a short time, the losses it causes, than strict evalua to report and order, footnote 17), the nor is it likely that the data yielded tion by traditional nighttime engineer protections against interference adopted would be more than cumulative. ing standards would indicate, a view appear adequate and reasonably simple, While we will consider specific pro much the same as that of the House at and, also of some importance, they afford posals for the gathering of meaningful that time.*8 As the ensuing proceeding the basis for a decision now. information in either of these areas, and 42. We are also criticized—both by indeed welcome them, they cannot be the 27 As the four stations filing in opposition ABS and by parties stressing m ainte basis for not deciding this proceeding to Storer point out (par. 17) communities nance of their present operations—of now. with new stations have the same needs as adopting a too general and sweeping 38. Conceivably, international con those with older stations. We likewise agree treatment (after having said Congress siderations aside (i.e., with respect to op that the withholding of presunrise privileges should not do so in this area), without from new stations was not properly raised by erations conforming or made to conform Storer (the only party mentioning it) in a proper regard for the need of m ain ta in to all pertinent international require timely petition for reconsideration; and, in ing existing service, or of avoiding undue ments) we could consider one of two al any event, it was raised only in connection interference, in particular situations, in ternatives to the decision reached. The with restricting presunrise operation, not as a the interest of “administrative conven first of these is a complete return to the means of permitting greater presunrise op 73.87 status quo, with the rough, though eration by older stations. ience”. These contentions are without not happy, balance reached thereunder. 18 Clearly, the restudy of 1962 was prompted This would necessarily mean honoring in part by Congressional sentiment on the »»For a discussion of the Commissions subject. However, the result, as set forth in osition on the subject of skywave measure interference complaints, including more the further notice and later in the decision aents, see the decision in the Skyw than 60 filed and not acted on prior to made in the light of the record, reflects our leasurement proceeding, Docket 10492, our decision, on a summary basis; other best judgment of the matter. !T3 FEDERAL REGISTER, VOL. 32, NO. 204— FRIDAY, OCTOBER 20, 1967 NOTICES 14619 merit. We pointed out in the decision tian 6, section A, Annex 2 of NARBA, tion if this operation is curtailed. ABS (Appendix A to report and order, par. we believe that it is. This view has been takes the position that permitting ad 30) that case-by-case consideration in and is shared by the Department of State ditional interference entails reduction this area would involve unbelievably (which was involved in the negotiations) in a station’s service area and therefore, staggering burdens, and create cases of and by the counterpart Canadian agen in effect, its power, a reduction which extreme complexity. This is true because cies. In our view, the language “partic cannot he accomplished without going skywave interference—which is involved ular cases” mentioned by ABS and above through proper hearing procedures. It here—is of a long-distance character; (together with the later language con regards the situation as quite different a single station may affect, or be affected cerning “taking into account the loca from those m American Airlines v. CAB, by, many stations in various directions. tion of the station it is intended to 359 F. 2d 624 (1966) and California Citi This discussion in the paragraph cited protect”) does not limit that subsection’s zens Band Association, Inc. v. U.S., 375 covers the point. With respect to ABS’ meaning to agreements involving only F. 2d 43 (1967), which are thus said not contention that this is in arbitrarily one or a few stations, but permits agree to be applicable. It is also said that the sharp contrast with out individual anal ments covering classes of stations such American Airlines principle, carried to ysis of foreign interference problems in as the one here. The “legislative history” its logical extreme, would permit the connection with PSA requests, the two cited by ABS may indicate, though cer Commission, by general rule-making, to subjects are not of the same magnitude tainly not conclusively, that the intent wipe out a station’s entire service area, at all. A fairly high percentage of PSA re of the NARBA conferees was to provide which demonstrates the principle’s in quests can be evaluated almost auto for further understandings concerning applicability here. Other parties assert matically, in view of the great distances skywave protection during “critical that presunrise operation .is a term of the of most U.S. stations from foreign sta hours” to Class I stations in the other license and cannot be taken away with tions, a situation which would seldom country; but there is no reason why, out hearing, at least in the absence of prevail in domestic situations on the later, if the governments involved agree complaint; it is asserted that the exist crowded regional channels. Also, there to something else which is within the ence of interference sufficient to warrant are usually only two or three foreign scope of the language, such agreement termination of it is an “adjudicative stations in each country on each chan does not fall within the pertinent lan fact”, requiring determination in a hear nel to be considered, and there is a fixed guage. We hold the Canadian agreement ing, and the necessity of establishing standard (Figure 12 for Canada; the to be a valid “bilateral agreement” with this fact is not met by our statement United States/Mexican Agreement for in the meaning of the section cited, and that “virtually” all presunrise operations Mexico), against which each proposal is therefore valid when executed by an cause such interference when evaluated evaluated. Domestic analysis would be exchange of notes, without Senate by conventional nighttime standards. completely different, and, no doubt, ratification. Some of these parties would also dis would have to take in the “nontechnical” 46. However, a decision on this point tinguish American Airlines as prospec factors mentioned. Even so, the staff is is not necessary to the present considera tive in nature and therefore inapplicable currently spending more time on the PSA tion. We point out, first, that the agree here. review than could be devoted on a con ment and associated standards (Figure 48. As we observed in the decision, tinuing basis. As to ABS’ contention that 12 of the rules) are substantially less this agency cannot conclusively deter we have ignored the mandate of section restrictive than the nighttime standards mine the extent of its regulatory author 303(g) of the Act, directing us to make of NARBA which would otherwise ap ity with respect to its licensees; this is rules to prevent interference between ply; if the latter were applicable instead, for the courts. We adhere to the view stations, such a rule has been adopted, it might be necessary to impose further that the American Airlines case, supra, by virtue of the time and power limita cutback, or termination, on a large num establishes our authority to take the ac tions imposed on presunrise operations. ber of presunrise operations, both day tion taken herein, on the basis of a gen 43. The Canadian agreement. As men time and full time. The general reduction eral rule-making proceeding and with tioned, ABS and a number of other to 500 watts is, of course, not a term of out individual adjudicatory proceedings. parties attack, or at least question, the the agreement; this rests on our own Certainly there was nothing any more validity of the Canadian agreement re consideration of domestic interference “prospective” in that decision than is the ferred to and incorporated in our deci conditions and means of dealing with case here; it involved imposition of a sion and the new rules. It is asserted that them. As far as the 6 a.m. restriction is new condition (in effect, a prohibition it was negotiated in secrecy, without the concerned, we will endeavor to get the against competing for business of a cer opportunity for public analysis and par agreement clarified or modified to specify tain character with carriers of a different ticipation (in contrast, for example, to 6 a.m. “local time”; as far as operation class) upon airlines whose certificates the “Canadian Daytime Skywave” pro before 6 a.m. is concerned, this restric were of long standing. ABS’ assertions ceeding of 1953, Docket 10453); that it is tion was a proposal in the further notice, that by this means we could wipe out a a bypassing of the Administrative Pro set forth and later adopted for domestic station’s service entirely, and are in ef cedure Act’s rule-making provisions; and reasons already discussed, and would fect reducing its .power, are inapposite; that it is not yet valid because—not in probably be considered appropriate for the action taken herein does not have fact being (although purporting to be) a adoption irrespective of the agreement. that effect when viewed in the light of supplemental agreement to NARBA—it is The agreement followed efforts on our the existing full-facility “presunrise” not in effect until ratified by the Senate. part, which began in 1964 and developed operations. As to the contention con 44. T h e first two contentions merit lit with reasonable satisfaction, to obtain cerning a licensed right to such presun tle discussion. As to the APA argument, the necessary approval for a “presunrise” rise operation, we likewise adhere to our that Act specifically exempts matters arrangement along lines which seemed to earlier view that this is not, and never which a re “a military or foreign affairs us (after considering the record in has been, a licensed right, even in the function” from its rule-making provi Docket 14419) to be most in the public absence of a specific complaint. Music sions. T h is is clearly a “foreign affairs interest. Broadcasting Co. v. FCC, 217 F. 2d 339 function”. As to the conduct of the ne 47. Legal considerations. The legal (1954). As discussed below, we are will gotiations, the manner of conducting arguments raised by various parties are, ing to consider PSA proposals in excess these is a matter for the pertinent agen essentially, the same as those advanced cies of the governments involved. In some earlier and considered in the decision of 500 watts which, in addition to meet cases, public participation may be in the (Report and Order, pars. 20, 22; Ap ing foreign protection requirements, pro general interest of all concerned; in pendix A, pars. 32-33). It is urged by vide conventional domestic nighttime tners, not, and in this case the latter ABS and KMA that the condoning of protection. appeared to be true. additional interference without hearing dp45‘+As status of the agreement, violates section 316 rights, and, also, by C l a s s I I S t a t io n s tw ,^ e argument (set forth earlier) KMA and other parties wishing to re 49. As mentioned above (pars. 18-19), tw p lJs no<; a “kU&teral agreement be- tain their existing presunrise operations two Class n stations on U.S. I-A chan ermÜ1 * resPective Contracting Gov- with full facilities, that their licenses are nels, to the west of the dominant sta uments”, as contemplated by subsec- being modified in violation of that sec tions, raise the question of the 6 a.m. FEDERAL REGISTER, VOL. 32, NO. 204— FRIDAY, OCTOBER 20, 1967 14620 NOTICES starting time. One seeks only 6 a.m. “local New Orleans, holds the I-A night “if necessary to resolve interference time”—a matter we will take up with time priority. WWL is aware of the opera conflicts, to implement agreements with Canada and which is discussed in a no tion and thus far has not objected there foreign governments, or in other circum tice of proposed rule making adopted to. Because of the northward directional- stances warranting such action.” DBA today—and the other seeks operation ization of WWL’s signal, WHCU would and a number of petitioning daytimers earlier than 6 a.m. contending (inter have to reduce power to less than 5 watts object to this provision, regarding it as alia) that our action in this respect was in order to afford 0.5 mv/m 50-percent in effect giving them little more than improper because this restriction was not skywave protection. In the case of the “permissive” privilege they had contained in the notice. With respect to WHLO, the dominant station is, 2,000 before. It is urged that a PSA is in effect these two stations, this matter need not miles away (KFI, Los Angeles, Calif.); a license, and the Commission cannot, now be decided, because sunrise at the WHLO could sign on at 6 a.m. (or sun consistent with the Administrative Pro dominant station to the east is now too rise, Newfoundland, whichever is later, cedure Act and section 316 of the Com late to permit operation earlier than 6 to protect the Canadian 1-B cochannel munications Act, create a license on such a.m. at the western location, and will assignment there) with a power of 500 uncertain terms. be at least until the end of February. We watts, without infringing KFI’s 0.5 mv/m 56. We do not accept the legal argu will discuss with Canadian authorities 50-percent skywave contour. WHLO’s ment; in our view, considering the nature the question of the applicability of the situation is further complicated, how of the PSA and the circumstances giving Canadian agreement to the U.S. I-A ever, by adjudicatory proceedings in rise to it, it is entirely within our author channels, Canada having no- stations Docket No. 11290, in which Radio Sta ity to condition it in any fashion which thereon, and some modification in this tion WOI is seeking a Sepecial Service appears appropriate.81'’ However, it was respect may be in order even beyond the Authorization (SSA) for early morning not intended to be used in any whole 6 a.m. “local time” adjustment. operation at Ames, Iowa. sale fashion such as that to which these 50. Storer’s similar request, on behalf 53. Under the Circumstances, it is be parties express concern. It was intended of Station KGBS, Los Angeles (made in lieved that a further notice of proposed to take into account certain types of a responsive pleading rather than in a rule making should be issued in Docket situations; (1) Where a new station is petition) is in a different posture, be No. 175623111 (presunrise operation by authorized in a foreign country, partic cause sunrise at Pittsburgh (location of Class II stations assigned to U.S. 1-A ularly Canada, which is closer to a given the I-A station) is always earlier than clear channels) to deal specifically with U.S. station than previous assignments in 6 a.m. at Los Angeles, and KGBS there the question of Class II daytime and the foreign country on the frequency, fore operates before that hour. We do not limited time stations located east of a and therefore an additional degree of now consider the relief requested, both cochannel U.S. 1-A. Among other things, protection is required; (2) where, in the because such operation would not be in the further notice will explore the degree issuance of the PSA initially, a too-high compliance with the Canadian agree protection which should be afforded to or too-low power level is authorized and ment and because the request was not Class 1-A stations under these circum must be adjusted to meet the require timely advanced, being an affirmative re stances—at present, their basic protec ments of international agreements or quest for modification of the decision tion derives from the exclusivity of the protection of U.S. Class I stations; or and rules advanced in an opposition to 1-A nighttime priority within the North (3) changes in operation, such as CCBS rather than in a petition. As men American Region. The public interest changes in antenna efficiency, requiring tioned, this subject will be discussed factors inherent in agreements by Class a different power to be specified. Finally, with Canada. Possible relief in this re 1-A stations to permit presunrise usages legal uncertainties (such as that posed spect may be forthcoming later; for the of this type would also have to be ex by the stay order entered Oct. 2, 1967, time being we must adhere to the decision plored. Until these matters are resolved by the U.S. Court of Appeals in New reached, and after October 28 operation by further rule making, we are withhold York against the grant of interfering by KGBS may commence only at 6 a.m. ing action on the WHCU/WHLO pre PSA’s on 930 kc/s—WBEN, Inc. v. USA Pacific standard time.30 sunrise proposals and hold that their ex & FCC)—require that the maximum 51. The other two petitions for recon isting operations must, in line with the administrative flexibility b6 retained. sideration by Class II limited-time sta June 28 report and order, be terminated We are therefore not adopting the sug tions (WHCU, Ithaca,,N.Y., and WHLO, on October 28, 1967, along with other gested changes in § 73.99(f) . Akron, Ohio) on I-A channels—both east nonconforming operations. It is noted 57. Waiver of the first-class operator of the dominant station and therefore that Cornell University operates a Class and remote control rules. Som e peti precluded from presunrise operation un B FM broadcast station at Ithaca, on tioners representing full-time interests der the new rules—both present highly which the deleted early morning AM ask for a relaxation of the first-cla ss op individualized situations and therefore programing could be carried, and, in the erator and remote control requirements (as CCBS asserts) do not warrant re case of Akron, that there are two full in connection with P S A presunrise op consideration in this proceeding. Both time standard broadcast stations there eration. The operator rule (§ 73.93) re have also requested waiver of the eli authorized for 5-kilowatt operation, day quires, among other things, the attend gibility provisions of the new rules. and night (WSLR and WAKR)... ance of a radiotelephone first-class 52. Former § 73.87(a) (2) of the rules 54. The remaining Class II petition is operator during all periods of direc was ambiguous as to their presunrise that of WTPR, Paris, Tenn. Whether tional operation; § 73.67(a) (6)—remote privileges but, in any event, called for treated as a petition for reconsideration control operation—provides that, during protection of the dominant station’s 0.5 or waiver, we do not believe favorable periods of directional operation, the in mv/m 50-percent skywave contour or consideration is justified. Conditions on dications at the transmitter of common consent by the dominant station. The the I-B channels (like the regional point current, base currents, phase only Class II stations in this cate channels) are considerably different monitor sample loop currents, and phase gory known to be signing on prior from the I-A channels, due partly to indications, be read and entered in the to local sunrise are WHCU and WHLO. their geographic distribution throughout operating log once each day for each Both have been operating presunrise, North America. We note in this connec pattern within 2 hours after the com and both seek to continue presunrise tion that WTPR has a Class A FM mencement of operation for each pat operation on the basis of 6 a.m./500 authorization. tern. 58. With respect to the first-class watts. WHCU (Cornell University) O t h e r M a t t e r s operates on 870 kc/s, to which WWL, operator requirement for AM directions 55. Language of % 73.99(f). Section operation, we concluded in 1964 ( 73.99(f) states that a PSA is “secondary” reconsideration of rule making in Docket 30 Presunrise operation by KGBS must be and subject to modification, suspension- viewed in the light of its impact on Class or termination without notice or hearing, II-A station KSWS, Roswell, N. Mex., es 3111 The situation is somewhat analogous to pecially since Class II—A stations are es Togram Test Authorizations issued un pecially designed to serve wide areas not hav 31* See F.R. Doc. 67-12427, in Proposed Rule ing other nighttim e primary service. Making Section, supra. FCC, 10 RR 2021 (1954). FEDERAL REGISTER, VOL. 32, NO. 204— FRIDAY, OCTOBER 20, 1967 NOTICES 14621 No. 14746) that the state of the art had otherwise) would be a highly subjective (f) Action on all PSA proposals for not progressed to the point that the matter and of doubtful validity. More 930 kc/s which are potential sources of attendance of a first-class operator could over, waiver decisions based on program new interference to WBEN’s licensed be dispensed with. We do not know ing would, in the long run, be undermined nighttime operation will be withheld, whether the situation has changed suffi by changes in station ownership and until the New York Court of Appeals ciently in the last 3 years to warrant a resulting changes in programing. Obvi has ruled on the merits of WBEN, Inc. v. different conclusion at this time, but in ously, these are matters which defy USA and FOC, Case No. 31688. any event we are of the view that this prediction and regulation in the context 65. In view of the foregoing: It is issue should be dealt with, if at all, in a of presunrise operating privileges. These ordered, That: separate proceeding and should not be arguments must therefore be rejected. (a) The June 28,1967, report and order injected into the presunrise proceeding. 62. Several waiver requests are pred in Docket No. 14419, together with As to the observation and logging of the icated on inability to obtain suitable §§ 73.87 and 73.99 of the Commission’s required indications, at the transmitter, equipment; at least one licensee (KGAY, rules as amended and adopted therein, the problem of repetitive visits to the Salem, Oreg.) requests a 90-day exten is affirmed. transmitter site arises mainly where the sion of the October 28 deadline on exist (b) Except as indicated hereinabove, station is authorized for directional day ing operations, based on inability to ob the petitions for stay and reconsidera time operation and the PSA time-spread tain a used auxiliary transmitter before tion listed in the appendix are denied. runs beyond 2 hours. This problem will that date. Inasmuch as there is no ob (c) Existing presunrise operations on be dealt with administratively in the jection to improvised methods of power 930 kc/s by stations having PSA pro processing of PSA proposals and asso reduction to meet the new requirements posals on file (but not presently grantable ciated waiver requests. We are therefore until suitable equipment can be acquired, because of the .outstanding stay order not amending the rules to recognize these we find these requests to be without merit. involving this frequency) may continue comparatively rare situations. For example, there would be no objec beyond October 28, 1967, pending final 59. Request to operate with 124 mv/m tion to the installation of a series drop outcome of WBEN, Inc. v. USA & FCC in directional “nulls”. As mentioned ping resistor in the transmission line on (Case No. 31688, U.S. Court of Appeals, above, ABS asks that full-time stations the transmitter side of the antenna am- Second Circuit), but such operations now operating directionally during the 'meter, as a temporary means of achieving shall be adjusted in accordance with presunrise period be permitted to radiate compliance with the rules. While this and the agreement with Canada respecting up to 124 mv/m (the minimum equiva similar methods may result in unneces sary power consumption, this fact alone time and permissible power. lent of 500 watts nondirectionally), Adopted: October 11,1967. rather than suppressing radiation to does not warrant the issuance of tem the degree required by their licenses. porary waivers. Released: October 17,1967. We cannot agree with this in prin 63. In at least one case (WPDM, Pots F e d e r a l C ommunications ciple, since such nulls are normally dam, N.Y.), the PSA applicant is only 81 miles (site-to-site) from a Canadian co C o m m i s s i o n ,*2 designed to protect other full-time [ s e a l ] B e n F . W a p l e , stations. Moreover, this proposal would channel fulltimer (CFOX, Pointe Claire, * Secretary. entail a third mode of operation, Quebec). Although the new Figure 12 curves cut off at 100 miles, the consultant [F.R. Doc. 67-12428; Filed, Oct. 19, 1967; whereas the solution contained in our 8 :4 7 a.m .] June 28 report and order was based obtained a 126-watt permissible radia on the tion value by extrapolation of the appli use of daytime facilities, ad [Docket No. 17537; FCC 67M-1718] justed in accordance with the agree cable curve. Although not contemplated ment with Canada. This proposal must by the agreement with Canada, we pro GEORGIA RADIO, INC. (WPLK) therefore be rejected. pose that this and similar situations in 60. Waiver requests. In addition to the volving short spacings be referred to Order Continuing Hearing 23 petitions discussed, 1,200-odd PSA Canada for ad hoc consideration. In re application of Georgia Radio, Inc. proposals had been received by the close 64. In accordance with the foregoing, (WPLK) Rockmart, Ga., Docket No. of business October 4, 1967. Approxi waiver requests accompanying PSA pro 17537, File No. BP-16698; for construc mately 3 percent of these are accom posals will be dealt with under the fol lowing guidelines: tion permit: panied by waiver requests. The majority It is ordered, Pursuant to the agree of the waiver requests are by daytime- (a) Waiver requests for times or pow ers in excess of the 6 a.m./500-watt ment of the parties to the above-entitled only stations seeking PSA sign-on times proceeding, that the hearing therein is earlier than 6 a.m. standard time. Most formula laid down in the June 28 re port and order will be denied, except that postponed from-October 17 to October of these will achieve substantial satis 26, 1967, and will be convened on the lat faction of their requirements if we are as to power, proposals in excess of 500 watts (into the daytime antenna sys ter date at 10 a.m., in the offices of the successful in redefining the 6 a.m. PSA Commission, Washington, D.C. sign-on in terms of prevailing local time, tem) will be considered and granted on rather than standard time. In a lesser but the basis of conventional domestic night Issued: October 11, 1967. time protection (in addition to the usual significant number of cases, waivers of Released: October 13, 1967. the 500-watt PSA power ceiling are re foreign protection showings). quested. A small but undetermined (b) Waiver requests premised on F ederal C ommunications number of these will benefit from our equipment considerations will be denied, C o m m i s s i o n , decision to permit powers in excess of but improvised methods of power reduc . [ s e a l ] B e n F. W a p l e , , * 500 watts on the basis of full domestic tion may be used on a temporary basis if Secretary. nighttime protection (in addition to promptly reported to the Commission. [F.R. Doc. 67-12429; Filed, Oct. 19, 1967; foreign). (c) Waiver requests beyond the scope 8 :4 8 a.m .] 61. Roughly half of the requests for of rule making in Docket Nos. 14419 and waiver of the time and/or power limita 17562, for example, waiver requests by [Docket Nos. 17454, 17455; FCC 67M-1737] tions laid down in the June 28 report and Class IV stations and Class II stations order were specifically premised on farm assigned to foreign I-A clear channels, NEW YORK UNIVERSITY AND FAIR- area coverage, or program services de will be denied. .LEIGH DICKINSON UNIVERSITY signed for foreign language or other (d) Action on PSA proposals by Class minority groups. Apart from the legal, II stations located east of a cochannel Order Continuing Hearing engineering, and administrative impedi U.S. I-A dominant, will be withheld In re applications of New York Univer ments already discussed, we are of the pending outcome of the further notice of sity, New York, N.Y., Docket No. 17454, view that the granting waivers on show- proposed rule making adopted this day ngs of this sort would be unsound as a in Docket No. 17562. “ Statement of Commissioner Cox concur matter of policy. Since all programing is (e) Action on PSA proposals involving ring in part and dissenting in part filed with unique in one way or another, it is obvi- Canadian cochannel separations of less the original document. Commissioners Bart us that official preferences (expressed than 100 miles will be withheld, awaiting ley and Wadsworth absent and Commissioner j way of selective waiver criteria or ad hoc clearance with Canada. Johnson not participating. FEDERAL REGISTER, VOL. 32, NO. 204— FRIDAY, OCTOBER 20, 1967 14622 NOTICES Pile No. BPED-742; Fairleigh Dickinson [Docket Nos. 17788, 17789; FCC 67M-1713] University, Teaneck, N.J., Docket No. 17455, Pile No. BPED-751, for construc SOUTH JERSEY RADIO, INC., AND FEDERAL POWER COMMISSION tion permits. ATLANTIC CITY TELEVISION CO. [Docket No. CP68-113] The Hearing Examiner having under Order Scheduling Hearing CONSOLIDATED GAS SUPPLY CORP. consideration the substance of an infor mal conference held October 11, 1967 In re applications of South Jersey Notice of Application (without reporter), in the above matter; Radio, Inc., Atlantic City, N.J., Docket October 13, 1967. and No. 17788, File No. BPCT-3898; Victor Take notice that on October 2, 1967, Certain agreements having been M. Ruby, Mid-Atlantic Broadcasting Co., Consolidated Gas Supply Corp. (Appli/ reached therein, and; Frederick Perone, and James EdghillT a cant), 445 West Main Street, Clarksburg, It appearing" Teasible to formalize partnership and joint venture, doing W. Va. 26301, filed in Docket No. CP68- those agreements in written form: 113 an application pursuant to subsection business as Atlantic City Television Co., It is ordered, That the hearing now (c) of section 7 of the Natural G a s Act scheduled for October 17, 1967, shall be Atlantic City, N.J., Docket No. 17789, for a certificate of public convenience restricted to evidential rulings on writ File No. BPCT-3951; for construction and necessity authorizing the construc ten exhibits (including written testi permit for new television broadcast sta tion and operation of certain natural gas mony, if necessary) and to the necessity tion (Channel 53): facilities and the exchange of volumes of of, and identification of, witnesses for fu It is ordered, That Millard F. French natural gas, all as more fully set forth ture oral testimony; in the application which is on file with shall serve as presiding officer in the And it is further ordered, That the the Commission and open to public in full-scale evidential hearing shall com above-entitled proceeding; that the spection. mence at 10 a.m., December 12, 1967, in Hearings therein shall be convened on Specifically, Applicant seeks authoriz the Commission’s offices in Washington, January 9, 1968, at 10 a.m.; and that ation to construct and operate necessary D.C. . / a prehearing conference shall be held measuring facilities at two locations in on November 17, 1967, commencing at 9 Calhoun and Pleasants Counties, W . Va. Issued: October 11,1967. Applicant also seeks authorization to ex Released: October 17,1967. ajn.: And, it is further ordered, That change, with Cabot Corp. (Cabot), all proceedings shall take place in the through the facilities proposed above, F ederal C ommunications offices of the Commision, Washington, up to 6,000 Mcf per day of n a tu ra l gas. C o m m i s s i o n , Applicant states that Cabot will deliver [ s e a l ] B e n F . W a p l e , D.C. up to 6,000 Mcf per day of n a tu ra l gas Secretary. Issued: October 11, 1967. produced locally and delivered to Appli [F.R. Doc. 67-12430; Filed/ Oct. 19, 1967; Released: October 17,1967. cant at Applicant’s existing compressor 8 :4 8 a.m .] station in Calhoun County, W. V a . Appli F e d e r a l C ommunications cant proposes to redeliver to Cabot, at a C o m m i s s i o n , [Docket Nos. 17695, 17696; FOG 67M-1751] proposed plantsite in Pleasants County, [ s e a l ] B e n F . W a p l e , W. Va., a volume of natural gas expected Secretary. JOHN C. ROACH AND GORDON to be approximately 1,000 Mcf per day COUNTY BROADCASTING CO. [F.R. Doc. 67-12432; Filed, Oct. 19, 1967; less than Cabot’s deliveries to Applicant. (WCGA) 8 :4 8 a.m .] Applicant further states that it proposes to purchase the excess deliveries by Cabot Order Regarding Procedural Dates for use in its own operations. In re applications of John C. Roach, [Docket Nos. 17579,17580; FCC 67M-1738] Applicant estimates the total cost of Calhoun, Ga., Docket No. 17695, File No. WRBN, INC., AND TRI-COUNTY the facilities proposed at approximately $28,508, said cost to be financed with BP-16665; for construction permit and BROADCASTING CO., INC. funds on hand. Gordon County Broadcasting Co., Order Rescheduling Hearing Protests or petitions to intervene may (WCGA), Calhoun, Ga., Docket No. be filed with the Federal Power Com m is 17696, File No. BR-2831; for renewal of In re applications of WRBN, Inc., sion, Washington, D.C. 20426, in accord broadcast license. Warner Robins, Ga., Docket No. 17579, ance with the rules of p ractice and procedure (18 CFR 1.8 or 1.10) and the To formalize the agreements and rul File No. BPH-5703; Tri-County Broad regulations under the Natural G a s Act ings made on the record at a prehearing casting Co., Inc., Hawkinsville, Ga., (§ 157.10) on or before November 10, conference held on October 12, 1967, in Docket No. 17580, File No. BPH-5737; for 1967. ■ D H | the above-entitled matter concerning the construction permits. Take further notice that, pursuant to future conduct of this proceeding: Pursuant to agreements of counsel ar the authority contained in and subject It is ordered, That: rived at during the prehearing confer to the jurisdiction conferred upon the Federal Power Commission by sections 7 Exchange of exhibits is scheduled for ence in the above-styled proceeding-held and 15 of the Natural Gas Act and the November 21,1967; on this date: It is ordered, That a fur Commission’s rules of practice and pro Notification of witnesses is scheduled ther prehearing conference will be held cedure, a hearing will be held without for November 29,1967; and on Wednesday, November 1, 1967, at 9 further notice before the Commission on Hearing presently scheduled for No a.m., and the evidentiary hearing will this application if no protest or petition begin on Tuesday, December 19, 1967, to intervene is filed within the time re vember 28, 1967, is continued to Decem quired herein, if the Commission on its ber 5,1967. at 10 a.m. own review of the matter finds that a Issued: October 16,1967. Issued: October 11,1967. grant of the certificate is required by the public convenience and necessity, n Released: October 17,1967. Released: October 13,1967. protest or petition for leave to interven F e d e r a l C ommunications F e d e r a l C ommunications is timely filed, or if the Commission o C o m m i s s i o n , C o m m i s s i o n , its own motion believes that a form [ s e a l ] B e n F . W a p l e , [ s e a l ] B e n F . W a p l e , hearing is required, further notice Secretary. Secretary. such hearing will be duly given. [FJt. Doc. 67-12431; FiledT Oct. 19, 1967; [F.R. Doc. 67-12433; Filed, Oct. 19, 1967; Under the procedure herein providea 8:48 a jn .] 8:48 a jn .] for, unless otherwise advised, it win FEDERAL REGISTER, VOL. 32, NO. 204— FRIDAY, OCTOBER 20, 1967 NOTICES 14623 unnecessary for Applicant to appear or $13,225,859, said cost to be financed from be forwarded to the party filing the be represented at the hearing. general funds or from revolving credit, agreement (as indicated hereinafter), together with the proceeds of the sale and the comments should indicate that G o r d o n M . G r a n t , proposed above. Applicant has agreed to this has been done. Secretary. sell and United and Iroquois have agreed Notice of agreement filed for approval [F.R. Doc. 67-12399; Filed, Oct. 19, 1967; to purchase the facilities proposed to be by: 8:4 5 a.m .] abandoned for a depreciated cost of Carl Vengel, Vice President and General $6,322,600, said cost based on a proposed Manager, South Atlantic & Caribbean Line, [Docket No. CP68-119] closing date of December 31. 1968. Inc., 808 Northeast Second Avenue, Miami, Protests or petitions to intervene may F la. TENNESSEE GAS PIPELINE CO. be filed with the Federal Power Commis Agreement No. DC-29 between Sea- Notice of Application sion, Washington, D.C. 20426, in accord train Lines, Inc., and SACAL, VI, Inc., ance with the rules of practice and pro provides for the transportation of cargo O c t o b e r 13, 1967. cedure (18 CFR 1.8 or 1.10) and the under through bills of lading between Take notice that on October 9, 1967, regulations under the Natural Gas Act the Port of New York and ports in the Tennessee Gas Pipeline Co., a division (§ 157.10) on or before November 10, Virgin * Islands with transshipment at of Tenneco, Inc. (Applicant), Post Office 1967. San Juan, P.R. The through rates and Box 2511, Houston, Tex. 77001, filed in Take further notice that, pursuant to terms of transportation will be combina Docket No. CP()8-119 an application pur the authority contained in and subject tion rates, those separately published by suant to subsections (b) and (c) of sec to the jurisdiction conferred upon the Seatrain Lines, Inc., between New York tion 7 of the Natural Gas Act for permis Federal Power Commission by sections 7 and Puerto Rico and those separately sion and approval of the Commission to and 15 of the Natural Gas Act and the published by SACAL, VI, Inc., between abandon certain natural gas facilities Commission’s rules of practice and pro Puerto Rico and the Virgin Islands. All and for a certificate of public conven cedure, a hearing will be held without shipments pursuant to this agreement ience and necessity, authorizing the con further notice before the Commission on moving from New York will be delivered struction and operation of certain other this application if no protest or petition by Seatrain Lines, Inc., to the SACAL, natural gas facilities, all as more fully -to intervene is filed within the time re VI, Inc., terminal at San Juan. Ship set forth in the application which is on quired herein, if the Commission on its ments moving from the Virgin Islands file with the Commission and open to own review of the matter finds that a will be delivered by SACAL, VI, Inc., also public inspection. grant of the certificate and permission to the SACAL, VI; Inc., terminal at San Specifically, Applicant seeks permis and approval for the proposed abandon Juan. Either party may terminate this sion and approval of the Commission to ment is required by the public conven agreement upon 30 days written notice abandon by sale to Iroquois Gas Corp. ience and necessity. If a protest or peti to the other party. (Iroquois) and United Natural Gas Co. tion for leave to intervene is timely filed, The agreement shall become effective (United) the following natural gas- or if the Commission on its own motion upon approval by. the Commission pur facilities: ■ - believes that a formal hearing is re suant to section 15, Shipping Act, 1916. (1) Approximately 89.2 miles of 24- quired, further notice of such hearing inch pipeline, the Hebron-Hamburg-East will be duly given. Dated: October 16, 1967. Aurora Line, extending from its Com Under the procedure herein provided By order of the Federal Maritime Com pressor Station No. 313, Potter County, for, unless otherwise advised, it will be mission. unnecessary for Applicant to appear or Pa., to Compressor Station No. 229, Erie T h o m a s L i s i , County, N.Y., and then eastward approxi be. represented at the hearing. Secretary, y mately 14.8 miles; and G o r d o n M . G r a n t , [F.R. Doc. 67-12434; Filed, Oct. 19, 1967; (2) Its existing Compressor Station Secretary. 8 :4 8 a.m .] No. 233, located near Geneseo, Wyoming [F.R. Doc. 67-12400; Filed, Oct. 19, 1967; County, N.Y., except for the two 3,500 8 :4 5 a.m .] horsepower compressor units which Ap plicant proposes to remove and place in FEDERAL RESERVE SYSTEM warehouse stock for future use. Applicant also seeks authorization to FEDERAL MARITIME COMMISSION FEDERAL OPEN MARKET construct and operate approximately 76 COMMITTEE ^ miles of 24-inch pipeline commencing at SEATRAIN LINES, INC., AND the terminus of its existing Hebron-Har ^ACAL, VI, INC. Authorization for System Foreign rison line, in the Harrison Storage Field, Currency Operations Potter County, Pa., and terminating at Notice of Agreement Filed an interconnection with its Compressor for Approval In accordance with § 271.5 of its rules regarding availability of information, Station No. 237, Ontario County, N.Y. Notice is hereby given that the follow Applicant states that the proposed fa there is set forth below paragraph 2 of ing agreement has been filed with the the Committee’s authorization for Sys cilities will increase its capability to move Commission for approval pursuant to sec natural gas to Compressor Station No. tem Foreign Currency Operations, as tion 15 of the Shipping Act, 1916, as amended at its meeting on July 18, 1967 237 while resulting in reduced operat- amended (39 Stat. 733, 75 Stat. 763, 46 mg and maintenance costs. Applicant (for remainder of authorization, see 32 U.S.C. 814). F.R. 9582). further states that the resulting in Interested parties may inspect and ob creased capacity will allow it to meet tain a copy of the agreement at the 2. The Federal Open Market Com future market requirements with lower Washington office of the Federal Mari mittee directs the Federal Reserve Bank capital expenditure than would be neces- time Commission, 1321 H Street NW., of New York to maintain reciprocal cur sa^y through expansion of its presently Room 609; or may inspect agreements at rency arrangements (“swap” arrange system. Applicant also states the offices of the District Managers, New ments) for System Open Market Account that the proposed abandonment will de York, N.Y., New Orleans, La., and San for periods up to a maximum of 12 crease its maintenance costs and the Francisco, Calif. Comments with refer months with the following foreign banks, cost of compression facilities for future ence to an agreement including a request which are among those designated by the peeds and will also result in savings of for hearing, if desired, may be sub Board of Governors of the Federal Re coth time and capital for Iroquois and mitted to the Secretary, Federal Mari serve System under § 214.5 of Regula united in the operation of their respec time Commission, Washington, D.C. tion N, Relations with Foreign Banks t e pipeline systems. 20573, within 20 days after publication of and Bankers, and with the approval of Applicant estimates the total cost of this notice in the F ed e r a l R e g is t e r . A the Committee to renew such arrange e facilities proposed at approximately copy of any such statement should also ments on maturity: FEDERAL REGISTER, VOL. 32, NO. 204— FRIDAY, OCTOBER 20, 1967 14624 NOTICES A m o u n t o f about the prevailing conditions in the money Morgan Guaranty Trust Co. of arrangement market; but operations shall be modified New York, N.Y ------27,000,000 (millions of insofar as the Treasury financing permits to National Bank of Detroit, Mich_ 18,000,000 Foreign bank: dollars equivalent) moderate any apparent tendency for bank A u stria n N a tio n a l B a n k ______100 credit and money to expand more than cur T o ta l — ------190,000,000 National Bank of Belgium ______150 rently expected. Bank of Canada ______;__ 500 The notes will be issued in am ounts of National Bank of Denmark ______100 Dated at Washington, D.C., the 13th $5 million or multiples thereof from time Bank of England ______;______1, 350 day of October 1967. to time as funds are required to finance Bank of France__ .______100 By order of the Federal Open Market the construction of the second phase of German Federal Bank ______400 Great Lakes’ pipeline project, to pay $¿50 Bank of Italy ______600 Committee. million o f presently authorized notes to Bank of Japan ______450 R o b e r t C . H o l l a n d , > Secretary. banks at maturity (Holding Company Bank of Mexico______130 Act Release No. 15775 (June 29, 1967)), Netherlands Bank______150 [F.R. Doc. 67-12405; Filed, Oct. 19, 1967; capital. Thé B a n k o f N orw ay______100 8:4 5 a .m .] and to provide working Bank of Sweden ______:__ 100 notes will be unsecured, will m ature the Swiss National Bank ______250 earlier of 2'years from the date of the Bank for International Settlem ents: first borrowing under the bank loan System drawings in Swiss francs__ 250 agreement or December 31, 1970, and System drawings in authorized SECURITIES AND EXCHANGE will bear interest at the rate of one-half European currencies other than Swiss francs______300 COMMISSION of 1 percent per annum above the best [70-4544] rate on short-term commercial loans of Dated at Washington, D.C., the 13th First National City Bank in effect at the day of October ip67. GREAT LAKES GAS TRANSMISSION date of each borrowing, adjusted to the By order of the Federal Open Market CO. AND AMERICAN NATURAL rate in effect at the beginning of each GAS CO. subsequent calendar quarter. Borrow Committee. - - ^ ings will be approximately pro ra ta with R o b e r t C . H o l l a n d , Notice of Proposed Issue and Sale by the amount of the commitment of each Secretary. Subsidiary Company of Common bank. [F.R. Doc. 67-12404; Filed, Oct. 19, 1967; Stock to Holding Company and of A commitment fee is payable from the 8 :4 5 a.m .] Notes to Banks date of approval by this Commission of the proposed transactions at the rate of October 16,1967. FEDERAL OPEN MARKET one-fourth of 1 percent per annum on the Notice is hereby given that American daily average unused - amount of the COMMITTEE Natural Gas Co. (“American Natural”), commitment, which commitment can be Current Economic Policy Directive 30 Rockefeller Plaza, New York, N.Y. reduced at any time by Great Lakes. 10020, a registered holding company, and Great Lakes may prepay the notes in In accordance with § 271.5 of its rules its subsidiary company, Great Lakes Gas whole or in part at any time without regarding availability of information, Transmission Co. (“Great Lakes”), have penalty unless the prepayment is made there is set forth below the Committee’s filed an application with this Commis out of the proceeds or in contemplation current economic policy directive issued sion pursuant to the Public Utility Hold of bank borrowings, in which case a at its meeting held on July 18, 1967.1 ing Company Act of 1935 (“Act”), des premium of one-half of 1 percent is pay ignating sections 6(b), 9, 10, and 12(f) able on the amount prepaid. It is stated The economic and financial developments of the Act and Rule 43 -promulgated that no premium is payable on prepay reviewed at this meeting indicate that eco thereunder as applicable to the proposed ments made with borrowings from the, nomic activity has been rising modestly and borrow that prospects are for further expansion. transactions. All interested persons are above-named banks or on bank Output is still being retarded by adjustments referred to the application, whieh-ii sum ings having a maturity of 5 years or of excessive inventories, but growth in final marized below, for a complete statement more. Great Lakes is obligated to apply demands continues strong, reflecting some of the proposed transactions. the proceeds of any other borrowing strengthening in consumer expenditures for Great Lakes proposes to issue and sell having -a maturity of 1 year or more to durable goods and housing, and also further to American Natural, and American Nat the payment or prepayment of the notes. increases in Government outlays. The overall ural proposes to acquire, an additional The application states that the fees indexes of both wholesale and retail prices the ap have risen further, although wholesale prices 70,000 shares of Great Lakes’ common and expenses to be incurred by of industrial commodities have remained stock, par value $100 per share, at the ag plicants in connection with the proposed stable. Bank credit expansion has been large gregate par value thereof of $7 million. transactions are estimated at $28,000, in in recent weeks. Most short- and long-term Gréât Lakes also proposes to issue and cluding fees of counsel for Great Lakes interest rates, after reaching advanced levels sell a like amount of shares, at the par of $15,000 and fees of counsel for the under the influence of heavy public and pri value thereof, to 'Trans-Canada Pipe banks of $12,000. The application states vate securities market financing, have de Lines, Ltd. (“Trans-Canada”) (or its that no State commission and no Fed clined somewhat recently. The balance of wholly owned subsidiary company, Al eral commission, other than th is Com payments deficit has remained substantial berta Inter-Field Gas Lines, Ltd.). mission, has jurisdiction over the pro despite some improvement in the foreign trade surplus. In this situation, it is the Trans-Canada and American Natural posed issue and sale of common stock Federal Open Market Committee’s policy to each hold 50 percent of Great Lakes’ out and notes. foster money and credit conditions, including standing common stock. The proposed Notice is further given that a n y inter bank credit growth, conducive to continuing sale will increase Great Lakes’ equity ested person may, not later than Novem -economic expansion, while recognizing the capital to 340,000 shares of common ber 14, 1967, request in writing that a ■need for reasonable price stability for both stock. hearing be held on such matter, stating domestic and balance of payments purposes. the nature of his interest, the reasons for To implement this policy, while taking Great Lakes also proposes to issue and such request, and the issues of fact or account of forthcoming Treasury financing sell to banks, pursuant to a bank loan activity. System open market operations un law raised by said application which he til the next meeting of the Committee shall agreement, up to $190 million of its desires to controvert; or he may request be conducted with a view to maintaining promissory notes. The banks and their that he be notified if the Commission respective commitments are as follows: should order a hearing thereon. Any such request should be addressed: Secretary, 1 The Record of Policy Actions of the Com First National City Bank, New Securities and Exchange Commission, m ittee for the m eeting of July 18, 1967, is filed Y ork, N .Y ------$50, 000, 000 as part of the original document. Copies are Canadian Imperial Bank of Washington, D.C. 20549. A copy of such available on request to the Board of Govern Commerce, Toronto, Canada__ 47, 500, 000 request should be served personally or by ors of the Federal Reserve System, Washing The Royal Bank of Canada, mail (airmail if the person being served ton, D.C.20551. Toronto, Canada______47, 500, 000 is located more than 500 miles from the FEDERAL REGISTER, VOL. 32, NO. 204— FRIDAY, OCTOBER 20, 196/ NOTICES 14625 point of mailing) upon the applicants at ferred stock, ____ percent series, par ceive notice of further developments in the above-stated address, and proof of value $100 per share* The dividend rate this matter, including the date of the service (by affidavit or, in case of an at of the preferred stock (which will be a hearing (if ordered) and any postpone torney at law, by certificate) should be multiple of $0.04) and the price, exclu ments thereof. filed with the request. At any time after sive of accrued dividends, to be paid to For the Commission (pursuant to said date, the application, as filed or as Mass Electric (which will be not less than delegated authority). it m ay be amended, may be granted as $100 nor more than $102.75 per share) provided in Rule 23 of the general rules will be determined by the competitive [ s e a l ] O rval L . D u B o is , and regulations promulgated under the bidding. Secretary. Act, or the Commission may grant ex The proceeds from, the sale of the [F.R. Doc. 67-12407; Filed, Oct. 19, 1967; emption from such rules as provided in bonds and the preferred stock will be 8 :4 6 a.m .] Rules 20(a) and 100 thereof or take such applied to the payment of then outstand other action as it may deem appropriate. ing short-term notes (estimated at $22 [70—4546] Persons who request a hearing or advice million) evidencing borrowings made for as to whether a hearing is ordered will capitalizable construction expenditures POTOMAC EDISON CO. receive notice of further developments in or to reimburse the treasury therefor. this matter, including the date of the The application states that the fees Notice of Proposed Charter Amend hearing (if ordered) and any postpone and expenses to be incurred by Mass ments and Order Authorizing Solici ments^ thereof. Electric in connection with the bonds tation of Proxies x Fo r the Commission (pursuant to dele are estimated at $63,000, including O c to b er 16,1967. gated authority). charges of $32,500 for services of the system service company, at cost, and Notice is hereby given that the Potomac [ seal] O rval L . D u B o i s , accountants’ fees of $1,500. The fees and Edison Co. (“Potomac Edison”) , Hagers Secretary. expenses in connection with the pre town, Md. 21740, a registered holding [F.R. Doc. 67-12406; Filed, Oct. 19, 1967; ferred stock are estimated at $31,000, company and an electric utility subsidi 8 :46 a.m .] including charges of $17,500 for serv ary company of Allegheny Power Sys ices of the system service company, at tem, Inc. (“Allegheny”) , also a registered holding company, has filed an applica [70-4547] cost, and accountants’ fees of $1,500. The fees of counsel for the underwriters tion-declaration with this Commission MASSACHUSETTS ELECTRIC CO. are to be paid by the successful bidders, pursuant to the Public Utility Holding and the amounts are to be supplied by Company Act of 1935 (“Act”), desig Notice of Proposed Issue and Sale of amendment. Mass Electric has applied to nating sections 6, 7, 9(a), 10, 12(c), and First Mortgage Bonds and Pre the Massachusetts Department of Public 12(e) of the Act and Rules 42, 62, and ferred Stock at Competitive Bid Utilities for approval of the proposed 65 promulgated thereunder as applicable issue and sale of bonds and preferred to the proposed transactions. All inter ding ested persons are referred to said appli O c t o b e r 16,1967. stock and the use of the proceeds there cation-declaration, which is summarized Notice is hereby given that Massachu from. A copy of the order entered therein is to be supplied by amendment. If the below, for a complete statement of the setts Electric Co. (“Mass Electric’’) , 441 proposed transactions. Stuart Street, Boston, Mass. 02116, an interest or dividend rate specified by the successful bidders exceeds 7 percent per Potomac Edison proposes to amend cer electric utility subsidiary company of tain provisions of its charter in order to New England Electric System (“NEES”) , annum, a further order of that State commission will be necessary. It is rep conform to the standards set forth in a registered holding company, has filed this Commission’s statement of policy re an application and an amendment there resented that no other State commis sion and no Federal commission, other garding preferred stock subject to the to with this Commission pursuant to the Act, as prescribed in Holding Company Public Utility Holding Company Act of than this Commission, has jurisdiction over the proposed transactions. Act Release No. 13166, and to alter cer 1935 (“Act”), designating section 6(b) tain rights as permitted by such release, of the Act and Rule 50 thereunder as ap Notice is further given that any inter principally in respect of the rights of pre plicable to the proposed transactions. All ested person may, not later than Novem ferred stockholders to elect directors, the interested persons are referred to the ap ber 14, 1967, request in writing that a hearing be held on such matter, stating payment of dividends on common stock plication, which is summarized below, for and the right to issue unsecured in a complete statement of the proposed the nature of his interest, the reasons for debtedness to the maximum amounts transactions. f such request, and the issues of fact or permitted thereunder. The proposed Mass Electric proposes to issue and law raised by said application which he charter amendments will be submitted sell, su bject to the competitive bidding desires to controvert; or he may re to stockholders for their approval at a requirements of Rule 50 under the Act, quest that he be notified if the Com special meeting to be held on Novem $10 million principal amount of first mission should order a hearing thereon. ber 21, 1967. Potomac Edison proposes ^o mortgage bonds, Series J ,_____ : percent, Any such request should be addressed: solicit proxies from the holders of its pre due 1997. The interest rate of the bonds Secretary, Securities and Exchange Com ferred stock, and the proposed solicita (which shall be a multiple of one-eighth mission, Washington, D.C. 20549. A copy tion material sets forth in detail the °f 1 percent) and the price, exclusive of of such request should be served person amendments for which their proxies are accrued interest, to be paid to Mass ally or by mail (airmail if the person to be solicited. The application-declara Electric (which will be not less than the being served is located more than 500 tion states that under the provisions of Principal amount nor more than 102% miles from the^ point of mailing) upon the Maryland General Corporation Law Percent thereof) will be determined by the applicant at the above-stated ad and Potomac Edison’s charter, the af uie com petitive bidding. The bonds are to dress, and proof of service (by affidavit firmative vote of the holders of at least oe dated as of December 1, 1967, will or, in case of an attorney at law, by cer two-thirds of the shares of common stock mature on December 1, 1997, and will be tificate) should be filed with the request. outstanding, voting as a class, and the af issued under a first mortgage indenture At any time after said date, the applica firmative vote of the holders of at least and deed of trust dated as of July 1,1949, tion, as amended or as it may be fur two-thirds of the cumulative preferred etween Mass Electric and State Street ther amended, may be granted as pro stock outstanding will be required for ank and Trust Co., as trustee, and in- vided in Rule 23 of the general rules and the adoption of the proposed charter inures supplemental thereto including regulations promulgated under the Act, amendments. Allegheny, the holder of all Aofj Supplemental Indenture to be or the Commission may grant exemption from such rules as provided in Rules of Potomac Edison’s outstanding com to 85 0f December 1. 1967. mon stock, will vote such stock in favor Mass Electric also proposes to issue 20(a) and 100 thereof or take such other din»6^’ subject to the competitive bid- action as it may deem appropriate. Per of the proposed amendments. Aof i^?uiremen^s °* Rule 50 under the sons who request a hearing or advice as Under Maryland law, preferred stock -100,000 shares of its cumulative pre to whether a hearing is ordered will re holders who do not vote in favor of the FEDERAL REGISTER, VOL. 32, NO. 204— FRIDAY, OCTOBER 20, 1967 No. 204—pt. i ____6 1 4 6 2 6 NOTICES proposed charter amendments and who effective forthwith, pursuant to Rule 62, Secretary, Interstate Commerce Com comply with the provisions of State law, and that jurisdiction be reserved under mission, Washington, D.C., and also In have the right to surrender their shares Rule 65 With respect to the expenses the field office to which protests are to for payment of the fair cash value there of professional proxy solicitors. be transmitted. of as determined by the parties or in an For the Commission (pursuant to dele M o t o r C a r r ie r s o f P r o pe r t y appropriate judicial proceeding. If Po gated authority). tomac Edison proposes to acquire the No. MC 21170 (Sub-No. 257 T A ) , filed preferred stock of any dissenting stock [ s e a l ] O rval L. D u B o i s , October 12,1967. Applicant: B O S LIN ES, holders, a posteffective amendment set Secretary. INC., 408 South 12th Avenue, M arshall ting forth the facts respecting such dis [F.R. Doc. 67-12408; Filed, Oct. 19, 1967; town, Iowa 50158. Applicant’s repre senters will be filed and no offer will be 8 :46 a.m .] sentative: William C . Harris (sam e ad made until the Commission has issued dress as above). Authority sought to an order permitting such amendment to operate as a common carrier, by motor become effective. The application-decla vehicle, over irregular routes, transport ration states that the proposed charter INTERSTATE COMMERCE ing: Beverages, noncarbonated, from amendments may be withdrawn if, by Lebanon, Pa., to points in Ohio, Illinois, reason of the potential liability to dis COMMISSION Indiana, Missouri, Kansas, Colorado, senting stockholders, the board of di Nebraska, Iowa, Minnesota, Wisconsin, rectors of Potomac Edison determines FOURTH SECTION APPLICATION and Kentucky, for 180 days. Supporting that adoption of the proposed amend FOR RELIEF shipper: Frostie Foods, Inc., 629 North ments is inadvisable. Ninth Street, Post Office Box 389, Leba It is stated that no State or Federal O c t o b e r 17,1967. non, Pa. 17042. Send protests to : Ellis commission, other than this Commis Protests to the granting of an applica L. Annett, District Supervisor, Bureau sion, has jurisdiction over the proposed tion must be prepared in accordance with of Operations, Interstate Commerce transactions. The expenses to be incurred Rule 1.40 of the general rules of prac Commission, 227 Federal Office Building, in connection with the proposed trans tice (49 CFR 1.40) and filed within 15 Des Moines, Iowa 50309. actions are estimated at $11,000, as fol days from the date of publication of this No. MC 95540 (Sub-No. 715 T A ) , filed lows: Proxy soliciations, $5,000 (includ notice in the F ed e r a l R e g is t e r . October 12, 1967. Applicant: WATKINS ing $2,500 for professional proxy solici L o n g - a n d -S h o r t H a u l MOTOR LINES, INC., 1120 W est G rif tors) ; printing, $2,000: legal fees, $3,000; fin Road, Lakeland, Fla. 33801. Appli and miscellanous expenses, $1,000. FSA No. 41152—Anhydrous ammonia cant’s representative: Alan E . Serby, Notice is further given that any inter from Don and Pocatello, Idaho, and Suite 1600, First Federal Building, At ested person may, not later than Novem Geneva, Utah. Filed by Western Trunk lanta, Ga. 30303. Authority sought to ber 10, 1967, request in writing that a Line Committee, agent (No. A-2523), for operate as a common carrier, by motor hearing be helfa on such matter, stating interested rail carriers. Rates on anhy vehicle, ■ over irregular routes, trans the nature of his interest, the reasons for drous ammonia, in tank carloads, from porting: Dry raisins, processed raisins, such request, and the issues of fact or Don and Pocatello, Idaho, and Geneva, and chocolate covered raisins, from law raised by said application-declara Utah, to points in Colorado, Iowa, Ne points in Fresno County, Calif., to points tion which he desires to controvert; or braska, and Wyoming. in Alabama, Georgia, Tennessee, Florida, he may request that he be notified if the Grounds for relief—Market competi North Carolina, South Carolina, Mis Commission should order a hearing tion. sissippi, and Louisiana, for 180 days. thereon. Any such request should be ad By the Commission. Supporting shippers: Sun-Maid Raisin dressed: Secretary, Securities and Ex Growers of 'California, Kingsburg, Calif. change Commission, Washington, D.C. [ s e a l ] H . N e i l G a r s o n ,— 93631. Send protests to: District Super 20549. A copy of such request should Secretary. visor, Joseph B. Teirchert, In tersta te be served personally or by mail (air [F.R. Doc. 67-12419; Filed, Oct. 19, 1967; Commerce Commission, Bureau of Op mail if the person being served is located 8 :4 7 a.m .] erations, Room 1621, 51 Southwest First more than 500 miles from the point of Avenue, Miami, Fla. 33130. mailing) upon the applicant-declarant [Notice 476] No. MC 107839 (Sub-No. 114 T A ) , filed at the above-stated address, and proof October 12, 1967. Applicant: DENVER- of service (by affidavit or, in case of an MOTOR CARRIER TEMPORARY ALBUQUERQUE MOTOR TRANS attorney at law, by certificate) should AUTHORITY APPLICATIONS PORT, INC., 4985 York Street, Post Of be filed with the request. At any time fice Box 16021, Denver, Colo. 80216. Ap after said date, the application-declara O c t o b e r 17,1967. plicant’s representative: Leslie R. Kehl, tion may be. granted and permitted to be The following are notices of filing of 420 Denver Club Building, D en ver, Colo. come effective as provided in Rule 23 of applications for temporary authority un 80202. Authority sought to operate as a the general rules and regulations pro der section 210a(a) of the Interstate common carrier, by motor vehicle, over mulgated under the Act or the Commis Commerce Act provided for under the irregular routes, transporting: Bananas, sion may grant exemption from such new rules of Ex Parte No. MC 67 (49 CFR from Long Beach and Wilmington, Calif., rules as provided in Rules 20(a) and 100 Part 340) published in the F e d e r a l R e g to Denver, Pueblo, and Colorado Springs, thereof or take such other action as it, is t e r , issue of April -27, 1965, effective Colo., and Albuquerque, N. Mex., for 180 may deem appropriate. Persons who re July 1, 1965. These rules provide that days. Supporting shippers: Federal Fruit quest a hearing or advice as to whether proteste to the granting of an applica & Produce Co., 219 Denargo Market, a hearing is ordered, will receive notice tion must be filed with the field official Denver, Colo. 80216; Associated Grocers of further developments in this matter, named in the F ederal R e g is t e r publica of Colorado, Inc., 5151 Bannock, Denver, including the date of the hearing (if tion, within 15 calendar days after the Colo. 80216; Joslyn Fruit Co., 125 South ordered) and any postponements thereof. date of notice of the filing of the appli Cascade, Colorado Springs, Colo. 80902, It appearing to the Commission that cation is published in the F ederal R e g New Mexico Produce Distributors, oou Potomac Edison’s declaration regarding i s t e r . One copy of such protest must be First NW., Albuquerque, N. Mex. 87101; the proposed proxy solicitation should be served on the applicant, or its authorized V. Famularo & Sons Fruit, 213 Denargo permitted to become effective pursuant to representative, if any, and the protests Market, Denver, Colo. 80216. Send pro Rule 62, and that jurisdiction should be must certify that such service has been tests to: District Supervisor, H erbert C. reserved pursuant to Rule 65 with respect made. The protest must be specific as to Ruoff, Interstate Commerce Commission, to the expenses of professional proxy the service which such protestant can solicitors: and will offer, and must consist of a 2022 Federal Building, Denver, Colo. It is ordered, That the declaration re signed original and six copies. 30202 garding the proposed proxy solicitation, A copy of the application is on file, No. MC 123393 (Sub-No. 190 be, and it hereby is, permitted to become and can be examined at the Office of the October 12, 1967. Applicant: BILYEU FEDERAL REGISTER, VOL. 32, NO. 204— FRIDAY, OCTOBER 20, 1967 NOTICES 1 4 6 2 7 REFRIGERATED t r a n s p o r t COR Office Box 245, Peabody, Mass. Send pro Wondaal, doing business as Martin Won P O R A TIO N , 2105 East Dale Street, Post tests to: District Supervisor, Maurice C. daal & Sons, Lansing, HI., authorizing Office Box 948, Commercial Station, Pollard, Bureau of Operations, Interstate the transportation of: Glazed cement, Springfield, Mo. 65803. Applicant’s rep Commerce Commission, John F. Kennedy slag blocks, and related articles and ma resentation: David D. Brunson, Post Of Building, Government Center, Boston, terials used in the manufacture thereof, fice Box 671, Oklahoma City, Okla. Au Mass. 92203, Room 221 IB. from Chicago, HI., to points in Indiana, Iowa, Wisconsin, and Missouri; gravel thority sought to operate as a common By the Commission. carrier, by motor vehicle, aver irregular and building materials, from Munster routes, transporting: Frozen food prod [ s e a l I H. N e il G a r s o n , Ind., to points in Cook, Du Page, Lake, ucts; from Moosic, Pa., to points in Ohio, Secretary. and Will Counties, III., empty containers Indiana, Michigan, Illinois, and Wiscon [F.R. Doc. 67-12420; Filed, Oct. 19, 1967; in the reverse direction; brick, from sin, for 90 days. Supporting shippers: 8:47 a .m .} Munster, Ind., to points in Wisconsin, Polarized Meat Division, Durkee Famous Illinois, except specified counties and Foods, T h e Michigan; and glazed cement and glazed Glidden Co„ Moosic, Pa.: [Notice 44J Empire Chicken Industries, Rocky Glen slag blocks, requiring special equipment Road, M oosic, Pa. 18507. Send protests MOTOR CARRIER TRANSFER or handling, from Chicago, 111., to points in Ohio. Samuel Ruff, 2109 Broadway, to: H. J . Simmons, District Supervisor, PROCEEDINGS Interstate Commerce Commission, Bu East Chicago, Ind., attorney for appli reau of Operations, 1100 Federal Office O c to b er 17,1967. cants. Building, 911 Walnut Street, Kansas Snyopses of orders entered pursuant No. MC-FC-69926. By order of Octo City, Mo. 64106. to section 212(b) of the Interstate Com ber 13, 1967, the Transfer Board ap No. MC 123446 (Sub-No. 22 TA), filed merce Act, and rules and regulations proved the transfer to Robert James October 12, 1967. Applicant: BAKERY prescribed thereunder (49 CFR Part Crowley, doing business as Crowley- PRODUCTS DELIVERY, INC., 404 West 279), appear below: Merrill Trucking, Plymouth, N.H., of cer Putnam Avenue, Greenwich, Conn. 06830. As provided in the Commission’s spe tificate No. MC-32460 issued February Applicant’s representative: Reubin Ka- cial rules of practice any interested per 7, 1963, to Verna G. Cote, doing business | minsky, 410 Asylum Street, Hartford, son may file a petition seeking reconsid as Middy Cote Trucking, Hudson, N.H., : Conn. Authority sought to operate as a eration of the following numbered pro authorizing the transportation of: Ma ; common carrier, by motor vehicle, over ceedings within 20 days from the date of chinery, solid fuel, ice, sand, and gravel, | irregular routes, transporting: Bakery publication of this notice. Pursuant to between specified points in New Hamp products, fresh (except unleavened and section 17(8) of the Interstate Com shire and Massachusetts. Andre J. Bar- frozen bakery products), from the plant- merce Act, the filing of such a petition beau, 795 Elm Street, Manchester, N.H. site of Arnold Bakers, Inc., at Greenwich, will postpone the effective date of the 03101, attorney for applicants. - Conn., to Manchester, N.H., and empty order in that proceeding pending its dis No. MC-FC-69939. By order of Octo ; containers, stale, damaged, refused, and position. The matters relied upon by pe ber 13, 1967, the Transfer Board ap t nonsalable shipments from the above- titioners must be specified in their peti proved the transfer to Dale C. Hansen, : named destination point to the above- tions with particularity. doing business as Modern Transporta named point of origin, for 150 days. No. MC-FC-35411. By order of Oc tion, Santa Clara, Calif., of certificate Supporting shipper: Arnold Bakers, Inc., tober 6, 1967, the Transfer Board ap No. MC-127434 and certificate of regis ! Greenwich, Conn. 06830. Send protests proved the lease for a period of 1 year, tration No. MC-127434 (Sub-No. 1), is to: District Supervisor, David J. Kiernan, by South Bend Transfer, Inc., South sued November 24,1965, and December 21, Bureau of Operations, Interstate Com Bend, Wash., of that portion of the oper 1965, respectively, to Carter Trucking, merce Commission, 324 U.S. Post Office ating rights in certificate No. MC-2131 San Francisco, Calif., authorizing (1) Building, 135 High Street, Hartford, issued January 24, 1942, to Star Com under the certificate, transportation of Conn. 06101. . mercial Moving & Storage Co., Inc., general merchandise and general com No. MC 123821 (Sub-No. 77 TA), filed Tacoma, Wash., authorizing the trans modities excluding household goods, October 12, 1967. Applicant: LESTER R. portation, over a regular route, of gen commodities in bulk, and other specified SUMMERS, INC., Post Office Box 239, eral commodities, with exceptions, be commodities, between points as speci Rural Delivery No. 1, Ephrata, Pa. 17522. tween Tacoma, Wash., and Aberdeen, fied in California; and (2) under the Applicant’s representative: John M. Wash. Joseph O. Earp, 411 Lyon Build certificate of registration, transporta Musselman, 400 North Third Street, ing, 607 Third Avenue, Seattle, Wash., tion in interstate and foreign commerce Harrisburg, Pa. 17108. Authority sought representative for applicants. pursuant to certificates of public con venience and necessity granted in De to operate as a common carrier, by motor No. MC-FC-69881. By order of Octo vehicle, over irregular routes, transport- cisions No. 50995, and No. 53064 as ber 13, 1967, the Transfer Board ap amended in No. 53553, dated prior to | *ng: Structural and architectural pre proved the transfer to Adco Moving & cast concrete; from the plantsite of Kurtz October 15, 1962, transferred by Deci Storage Co., Inc., 1907 North Kentucky sion No. 68735, dated March 17, 1965, ‘ Precast Corp., Denver, Pa., to Glasgow, Avenue Evansville, Ind., of the certificate Del., for 180-days. Supporting shipper: in No. MC-52543, issued February 17, issued by the Public Utilities Commis . Precast Corp., Ephrata, Pa. Send 1959, to Liai Gresham, doing business as sion of the State of California, Bertram Protests to: Robert W. Ritenour, District Adco Moving & Storage Co., 1907 S. Silver, 140 Montgomery Street, San supervisor, Bureau of Operations, 218 North Kentucky Avenue, Evansville, Ind., Francisco, Calif. 94104, attorney for ptral Industrial Building, 100 North authorizing the transportation of : applicants. Cameron Street, Harrisburg, Pa. 17101. Household goods, between Evansville, No MC 126550 (Sub-No. 3 TA), filed Ind., and points in Indiana, Illinois, and [ s e a l ] H. N e i l G a r s o n , n 12’ 1967- Applicant: EDWARD Kentucky within 30 miles of Evansville, Secretary. ^ t™J£HINSoN’ JR., doing business as and points in Crawford County, 111., on [FR. Doc. 67-12421;-Filed, Oct. 19, 1967; TrUCKING, 7 Flint Street, Dan- the one hand, and, on the other, points 8 :4 7 a jn .] Hvf’ ,,ass- 01923. Applicant’s representa- in Michigan, Ohio, Indiana, Kentucky, «ve: Mary E. Kelley, 10 Tremont Street, Illinois, Missouri, and Iowa. ORGANIZATION MINUTES ton, Mass. 02108. Authority sought No. MC-FC-69895. By order of Octo operate as a contract carrier, by motor ber 13, 1967, the Transfer Board ap Organization of Division and Boards cle, over irregular routes, transport- proved the transfer to Wondaal Trucking and Assignment of Work Co., Inc., Lansing, 111., of certificates Nos. rofrn ^ ue stock, in bulk, in shipper- MC-116967 (Sub-No. 2), MC-116967 Order. At a general session of the In T, ec* trailers, from Penacook, N.H., to (Sub-No. 4), and MC-116967 (Sub-No. 9), terstate Commerce Commission, held at ¡T ^ w n , N.Y., for 150 days. Support- issued April 20,1962, March 13,1967, and its office in Washington, D.C. on the 12th shipper: Barney Singer Co., Post October 19, 1966, respectively, to Martin day of October 1967. FEDERAL REGISTER, VOL. 32, NO. 204— FRIDAY, OCTOBER 20, 1967 14628 NOTICES Section 17 of the Interstate Commerce and 10127) be further amended as Act, as, amended (49 U.S.C. 17), and follows: other provisions of law being under con The beginning of Item 6.4 is amended sideration, Item 6.4 is amended to indi to read as follows: cate that appeals from hearing officers 6.4 Merely procedural matters in any on requests for discovery will be disposed formal case or pending matter including of by the appropriate Chairman of the appeals taken from the decision of a respective divisions. hearing officer of requests for discovery, It is ordered, That the Organization and extensions of time for compliahce Minutes of the Interstate Commerce with orders * * *. Commission relating to the Organization of Division and Boards and Assignment By the Commission. of Work, issue of July 27, 1965, as [ s e a l ] H. N e il G a r s o n , amended (30 F.R. 11189, 12559, 13302; 31 Secretary. F.R. 242, 4762, 9529, 12693, 13099, and [F .R . Doc. 67-12422; File d , O ct. 19, 1967; 14025; and 32 F.R*. 431, 7105, 8000, 8784, 8:47 a.m .] FEDERAL REGISTER, VOL. 32, NO. 204— FRIDAY, OCTOBER 20, 1967 FEDERAL REGISTER 14629 CUMULATIVE LIST OF PARTS AFFECTED— OCTOBER The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published to date during October. 3 CFR Page 7 CFR—-Continued 14 CFR Page Proclamations: 1424______14099 1 _ L — ______13909 3810------13799 1427______I ___ JL______14548 25 — ____ U______1.3913 3811-______13853 1464_____ 14203 39______u -s-w ______1.3759, 3812______14015 1475______14372 13850, 13857, 14001, 14151, 14311 14089 1831______!______14373 61______13914,13915 3813 ____ 71______13760, 14193 P r o p o se d R u l e s : 3814 ____ 13806, 13857, 13915-13917, 13965, 3815 __ _ 14195 319____ 13820 14197 14061, 14099, 14152-14154, 14207, 3816 __ - 730______14331 14260, 14267, 14311, 14312, 14549, Executive O rd e r s : 777______v— ___ 14332 14550,14590. 10946 (revoked by EO 11374) _ 14199 911____ 14560 73______14154,14207 11246 (amended by EO 11375) _ 14303 •915______14560 75______- 13760,14154 11374 ______14199 946______— 14605 91______1______13909, 14312 11375 ______;______14303 947 _ 1456095______13858 11376 __ 14545 948 ______13820 97______13761, 967______14063 13909, 13917. 14208, 14313, 14591 982______13870,13933 121______13909, 13913, 14550 5 CFR 984______14227, 14395 135__ 13909 212 ______989______13752 14396 207 ______13860 213 ______13752,1001— ______14502 208 ______13860 13754, 13855, 13909, 14017, 14201 1015______- ______14502 212__ 13861 302______1040 1375-2______14227 214______13861 305.__%______137521067______? 14278 234______1______i____ 14598 335______\______- ____ 13754 1131-______14232 249___ 13861 752______13754 295.___ 1______13862 771______13754. 8 CFR 298______14320 891______14363 103______i ______13755 2000______14547 212______13755 P r o p o se d R u l e s : 238______— 13755, 14274 21______— 14106 7 CFR 252______13866 27______14106 299______13756 29______14106 68------____------14632 39______13776, 13807, 14110 401,— 14091-14096, 14147-14149, 14305 316a______13756 332a______13756, 14274 43______14106 402 __ 14150 45______;______14106 403 _ 14150 336 ______13756 337 ______13756 71______»______13776, 404.------14150 13820, 13821, 13933-13936,14063, 406______14150 343a______14274 499______-...... 13756, 14274 14111, 14158, 14333, 14564, 14565 408 ------14150 73_____ 13937 409 _ 14150 75______14333, 14565 410 ------14150 9 CFR 91______13871, 14100, 14334, 14565 706------;______14548 76______13856 121______14334,14565 719______14599 78______13757 127______14106 J22...... 14267-14269, 14305, 14306 P r o p o se d R u l e s : 302______14111 725------14269 378______14282 ------14363 145 ______14224 146 ______14224 HI------14363 15 CFR 5ÎJ— ■-______14017 147 ______14224 160 ______14225 4______14017 161 ______14225 210______13765 162 ______14225 230______13765 ------14309, 14372 201______14106 373______14213 399______14214 JJ------13961, 14270 10 CFR Jf®------13961, 14271, 14310 30______13920 16 CFR 35_____ 14265 13______13766,14099 ¿1------14310, 14548 15______14323 12 CFR 92?------14150 1_____ 13805 17 CFR ------14151 11 ______13962 240______14018, 14322 944"~------14202 336______13963 249______14018 9;;------•_— 14311 400______13758 94S...... — ------13755 563______14265 18 CFR 987------1 3 8 0 4 P r o p o se d R u l e s : P r o p o se d R u l e s : 989------14203 12______13972 îooï— ------14271 260______14606 1002------— 13804 206______13984 ! 1003------13804 335__ 13982 19 CFR S 1004------13804 545______14283 l______14100 1 1015'...... •* — 13804 561______13983 n______13863 1016...... — - 13804 16______14204,14205 ------— ------— - 13804 1132------13855 13 CFR P r o p o se d R u l e s : 1^1 13855 105______14383 10______13870 f — 13085, 13962, 14098, 14151, 14272 123______14266 18______14395 14630 FEDERAL REGISTER 20 CFR Page 31 CFR Page 43 CFR—Continued Pa&e 325_...... 13862 0 ------13767 P ublic Land Orders—Continued 90— ___ „ 14599 4289 ------i4ioi 21 CFR 92___ 14599 4290 ---- 14155 100______14274 429}------14155 2 ------: ------13807 128------14055 4292 ------14155 3 ------____------14100 202------14215 4293 ------14156 17------13807 203——______14216 4294 -- 14156 29------14205 360------14217 42------14551 4295—_------14275 120 ------13807, 4296------— ------14276 13863, 14022, 14023, 14206, 14323 32 CFR 4297— ------14276 121 ------14023, 155------_=______14552 4298— ------14276 14024,14155,14324,14384,14551, 291------_ 14552 4299------1 ------14276 14552. 706__ 14388 4300_------______14276 130------_------13807 845----____...... ___ 13810 P roposed R ules: 146a______14101 874______;_ 13811 23__------13972 191------14025 882------13811 P r o p o se d R u l e s : 1606_...... ___...... 13811, 14328 45 CFR 15------„ _ _ 14237 32A CFR 35------14101 17------14239 Ch. I (OEP): 80— ------14555 705______14589 121______14239,14403 DMP 4------14388 141—______14239 1015------______13965 141a______„ 14239 Ch. X (OIA): Reg. k.,------13856 46 CFR 23 CFR 33 CFR 401______14104,14220 402______;______14223 P r o p o se d R u l e s : 151— ------14390 403______14223 255------______14278 209——------„ 14392 212------_____ 14392 47 CFR 24 CFR 35 CFR P roposed R ules: 0______13921 5------13770 1 ___ 13821 1500 _ 13808 9...... „ ...... 14219 2 ______— ____ 13972 1520______13808 13—____ 13821 1530______...... 13809 36 CFR 43______—„ ____ 14158 7 ----- 13812 73______137 76, 13822, 14160, 14605 25 CFR 87 __ 14161 P r o p o se d R u l e s : 37 CFR 89—______13972,14161 1 ------13812 91 ______13972,14161 221_____ 14395 93______— — 13972,14161 38 CFR 95______13972 26 CFR 6______13927, 14274 1—------_------14025 8 __*______13927, 14274 49 CFR 170------13864 13______13771 1 14105, 14277 240------13864 17------13812 120______13927 245______13864 124 14392 270------13865 39 CFR 195______- ___ 14156,14601 296______13865 Ch. I_____ 13808 270______I______13930 400------14385 822:______,______13869 274______14557 P r o p o se d R u l e s : 281______14601 1...... —...... 13773 41 CFR 505____ 14557 5A -8___ 13817 P roposed R ules: 29 CFR 9-1______14055 270 13823 8------14387 ooq _ 13823 512...... _____ 14324, 14552 42 CFR 293------I__ 13821 526------13767, 14157, 14326 71______14057 779------____...... 14327 P r o p o se d R u l e s : 1501 ------14041 73______13773,13775 50 CFR 1502 ------14047 22 13771, 1503 ------14051 43 CFR 4 13817-13819, 13867-13869, 13930- P r o p o se d R u l e s : 13932, 13970, 13971, 14060, 14061, P u b l ic L a n d O r d e r s : 14103, 14157, 14206, 14328, 14394, j 524______14334 1166 (revoked by PLO 4295)__ 14275 14558,14559. 1602______14404 2375 (revoked in part by PLO 33______13771,13932 4296) —______14276 4214 (corrected by PLO 4294) _ 14156 P roposed R ules: 30 CFR 4287 ______14060 w __ 13933,14063 400...... 13809 4288 ______14060 II:::::::::::::::::_____i4«63 FEDERAL REGISTER VOLUME 32 • NUMBER 204 Friday, October 20, 1967 • Washington, D.C. PA RT II Department of Agriculture Consumer and Marketing Service No. 204—Pt. II-----1 14632 RULES AND REGULATIONS try and other information available to than 50.0 percent of broken kernels that Title 7— AGRICULTURE the Grain Division, there is substantial can be removed readily with a No. 6 siz reason for adopting the following 21 Chapter I— Consumer and Market ing plate.” changes which more adequately describe (12) Provide that brown rice when ing Service (S ta n d a rd s, Inspec the product and provide a more mean found in milled rice shall function as tions, Marketing P ra ctice s), De ingful and useful measurement of paddy kernels. partment of Agriculture quality. A majority of the responses re (13) Increase the maximum limits for ceived pursuant to the notice of rule- broken kernels removed by the No. 5 PART 68— REGULATIONS AND making supported these changes. Ac sizing plate from 0.02, 0.04, 0.08, and 0.3 STANDARDS FOR INSPECTION AND cordingly, these proposals have been percent to 0,04, 0.06, 0.1, and 0.4 percent CERTIFICATION OF CERTAIN AGRI adopted essentially as proposed origi in grades U.S. No. 1 through U.S. No. 4, CULTURAL COMMODITIES AND nally: respectively, for all classes of milled rice, PRODUCTS THEREOF (1) Change the format of the stand except Second Head Milled Rice, Screen ards to set them forth in sections (e.g. ings Milled Rice, and Brewers Milled Standards for Rough Rice, Brown Rice, 68.201, 68.202, etc.) rather than subdivi Rice. and Milled Rice sions of sections to the greatest extent (14) Provide one table of grade re feasible. quirements for all classes of brown rice, Pursuant to the administrative pro (2) Change the method of classifying and one table of grade requirements for cedure provisions of 5 U.S.C. 553, a notice rough rice, brown rice, and milled rice all classes of milled rice except Second of proposed rule making was published except Second Head Milled Rice, Screen Head Milled Rice, Screenings Milled in the F ederal R e g is t e r (32 F.R. 8004) ings Milled Rice, and Brewers Milled Rice, and Brewers Milled Rice. on June 2, 1967, regarding a proposed Rice from the basis of variety names to (15) Establish maximum limits of 20 revision of the U.S. Standards for Rough the basis of the length/width ratio of paddy kernels in 500 grams for grade Rice (7 CFR 68.201 et seq.), Brown Rice the kernels (i.e. long grain, medium U.S. No. 1 and 2.0 percent paddy kernels (7 CFR 68.251 et seq.), and Milled Rice grain, and short grain), as established in each of the grades U.S. No. 2 through (7 CFR 68.301 et seq.) under the author by the Agricultural Research Service, U.S. No. 5 for all classes of brown rice, ity contained in sections 203 and 205 of U.S. Department of Agriculture, Agricul and reduce the maximum number of the Agricultural Marketing Act of 1946, ture Handbook No. 289. seeds to 10, 40, 70, and 150 in grades 60 Stat. 1087 and 1090, as amended (7 (3) Change the terms “contrasting U.S. No. 1, U.S. No. 2, U.S. No. 3, and U.S.C. 1622 and 1624). Over 900 copies classes” to “other classes,” “unhulled U.S. No. 5, respectively, for all classes of of the notice of proposed rule making kernels” to “paddy kernels,” “removable brown rice. were sent to individuals, corporations, foreign material (dockage)” to “dock (16) Provide that Brewers Milled Rice and associations which are interested in age,” and “unpolished” to “undermilled.” which contains more than 15.0 percent the production, milling, drying, market (4) Delete “unhulled kernels of rice” broken kernels that will pass, readily- ing, and use of rice. Public hearings from the definitions for “seeds” and “ob through a 2^/64 round hole sieve were not held but all interested parties jectionable seeds” and delete the defini shall be graded U.S. Sample grade. were given until July 3, 1967, in which to tion for “rice of noncontrasting classes” submit written data, views, or recom (17) Provide that color requirements and the term “noncontrasting classes” for Parboiled Rice shall be in accord mendations in connection with the pro wherever they appear. posed revision. Consideration has been ance with type samples maintained by (5) Provide definitions for “whole ker the Grain Division, Consumer and Mar given to all written comments received nels,” “large broken kernels,” and “paddy and to other information available in the keting Service, which will be available kernels.” for reference in all rice inspection offices. U.S. Department of Agriculture. (6) Provide that all mechanical sizing Statement of considerations. The Agri of kernels shall be adjusted by hand- (18) Delete the phrase “before the cultural Marketing Act of 1946 specifi picking. hulls are removed” from the definitions cally authorizes and directs the Secretary (7) Provide in the definition of head for parboiled rough rice, parboiled brown of Agriculture “* * * to develop and im rice that it shall consist of whole kernels rice, and parboiled milled rice. prove standards * * * and recommend of milled rice and 4.0 percent of broken (19) Change the definition of “par and demonstrate such standards in order kernels. boiled brown rice” to limit the quantity to encourage uniformity and consistency (8) Provide the same limits for of nonparboiled milled rice as well as the in commercial practices.” The Act also chalky kernels for Medium Grain Rough quantity of nonparboiled brown rice that directs and authorizes the Secretary to Rice and Medium Grain Milled Rice as may be contained in parboiled brown inspect and certify the class, quality, and for Short Grain Rough Rice and Short rice. condition of agricultural products so Grain Milled Rice in grades U.S. No. 1, (20) Provide that the method of mois that they “* * * may be marketed to U.S. No. 2, U.S. No. 3, and U.S. No. 4. ture determination shall be one pre best advantage, that trading may be fa (9) In the rough rice standards and scribed by the U.S. Department of Agri cilitated, and that consumers may be in the milled rice standards, except Sec culture, or any other method which gives able to obtain the quality product which ond Head Milled Rice, Screenings Milled equivalent results. they desire, except that no person shall Rice, and Brewers Milled Rice, increase (21) Delete the specific reference to be required to use the service * * in grades U.S. Nos. 3 and 4 the maximum moisture meter conversion charts which General statement. In developing a limits for the grading factor “Red rice were included in the amendment dated set of grade standards, two basic fea and damaged kernels * * *” In the rough September 3, 1966. tures are involved. The first feature is to rice standards for grade U.S. No. 4 The change in the method of classify determine the factors or attributes of increase the maximum limit for the ing rice is adopted because inspectors are quality, including value, usability, and grading factor “Seeds and heat-dam unable to accurately identify specific condition which (1) are important, (2) aged kernels * * *” and in the milled varieties of rough, brown, and milled rice. may vary from lot to lot, and (3) can be rice standards, with the same exceptions, This inability was confirmed in a survey satisfactorily measured using acceptable increase for grade U.S. No. 4 the maxi conducted among inspection and grading inspection practices. The second feature mum limit for the grading factor “Seeds, personnel. Comments made p u rsu an t to is to determine how these factors of heat-damaged, and paddy kernels. * * *” the notice of rule making supported the quality should be grouped or classified (10) Increase the maximum limits of proposed change in the method of into a number of grades reflecting mean broken kernels that can be removed read classifying rice, although strong recom- ingful gradations in value or usability. ily by the No. 5 sizing plate from 0.2 to mendations were made that subclasses be This involves setting m in im u m or maxi 0.4 percent and the broken kernels that established for preferred and nonpre mum allowances for each factor for each will pass readily through a 4/64 round ferred long grain rice varieties. 'Die de grade which will provide a meaningful hole sieve from 0.02 to 0.05 percent in the sirability of providing long grain sub and useful yardstick of value or usability. definition for Second Head Milled Rice. classes in the standards is recognized, but From suggestions for changes in the (11) Delete from the Screenings Milled studies conducted by the Department standards received from the rice indus Rice definition the phrase “not more have substantiated previous findings tha FEDERAL REGISTER, VOL. 32, NO. 204— FRIDAY, OCTOBER 20, 1967 RULES AND REGULATIONS 1 4633 it is not possible tot accurately identify cent. It is also reasonable and realistic to the Department. Therefore, pursuant to these subclasses. assume that the moisture content of the administrative procedure provisions In order to meet the needs of the trade milled rice should be at the- same level as of 5 U.S.C. 553 it is found upon good cause for identification of particular varieties, rough rice and brown rice. Also consid that such further rule-making proce at the request of the applicant for in er»! in this change was the elimination dure is impracticable and unnecessary. spection, the inspector may include a of the special grade “Damp rough rice.” The revised standards are adopted to statement in the remarks section of the There was little opposition to this pro read as follows: grade certificate, based on the applicant’s posed change. Accordingly, it was deter Subpart C— U.S. Standards for Rough Rice declaration, substantially as follows: mined to delete the special grade “Damp T erms Defined “Variety stated by applicant to be: rough rice” and provide that rough, Sec. ______The applicant is respon brown, and milled rice which contains 68.201 Rough rice. sible for the validity of this statement. more than 14.0 percent of moisture shall 68.202 Classes. When it is determined that rice is grown be graded U.S. Sample grade. 68.203 Grades. in the State of California, the words The proposed changes to redefine “Red 68.204 Rice of other classes. Rice” and “Mixed Rice” in the standards 68.205 Whole kernels. “California grown” may also be added 68.206 Broken kernels. under “Remarks” if requested by the ap for rough, brown, and milled rice were 68.207 Chalky kernels. plicant. In the proposed notice of rule considered acceptable in part to the in 68.208 Red rice. making there was a provision in the dustry. The redefinition of “Red Rice” 68 J09 Damaged kernels. standards that the words “California was intended to simplify the inspection 68.210 Heat-damaged kernels. grown” may be shown under “Remarks” procedure, but a majority of those 68.211 Paddy kernels. on the certificate. It has been administra responding claimed this interpretation 68.212 Seeds. was too severe. After consideration, this 68.213 Objectionable seeds. tively determined that the. provision need 68.214 Head rice. not be incorporated in the standards, but change is not adopted. The redefinition 68.215 Total mUled rice. can be administered by instruction issued of “Mixed Rice” in the standards for 68.216 Milling yield. by the Department. Therefore, both the rough, brown, and milled rice, which was 68.217 Dockage. designation of variety name and Cali necessary with the new method of 68.218 Test weight per bushel. fornia grown will be so administered. classifying rice, received no objection and P rinciples Governing Application o r In the proposed rule making there was accordingly is adopted. Standards a provision that factor analysis on the An increase in the maximum limits of 68.219 Basis of determinations. large broken kernels shall be made when specific grading factors was proposed in 68.220 Percentages. the grade is determined for rough rice order to provide more proportional inter 68.221 Moisture. to reflect the true value of any lot. Most vals at each grade level. No objections to 68.222 Determination of milling yield. of the persons commenting on the pro certain recommendations were received; Grades, Grade Requirements, and Gradh posal agreed to the requirement for pro and, accordingly, increased maximum Designations viding factor analysis on the large limits for the following factors at the grade levels indicated were adopted as 68.223 Grades and grade requirements for broken kernels; however, some of the rough rice. nee trade indicated that this determina proposed: 68.224 Special grades, special grade require tion should not be required on all lots. (1) “Red rice and damaged kernels” ments, and special grade designa The Department deems it unnecessary in grades U.S. Nos. 3 and 4 of the rough tions for rough rice. to require a factor analysis on U.S. No. 1 rice standards and of the milled rice 68.225 Grade designations for rough rice. quality large broken rice. Therefore it is standards, except Second Head Milled Authority : The provisions of this Subpart provided that a factor analysis on the Rice, Screenings Milled Rice, and Brew C issued under secs. 203, 205, 60 Stat. 1087, large broken kernels shall be made when ers Milled Rice. 1090, as amended; 7 U.S.C. 1622, 1624. the grade is determined for rough rice if (2) “Seeds and heat-damaged ker the quality of the large broken kernels nels” in grade U.S. No. 4 in the rough Subpart C— U.S. Standards for is below the grade U.S. No. 1 Second rice standards. Rough Rice 1 Head Milled Rice. When the quality of (3) “Seeds, heat-damaged, and paddy T e r m s D e f in e d the large broken rice is equal to U.S. No. kernels” for grade U.S. No. 4 in the milled 1 Second Head Milled Rice, a statement rice standards, except Second Head § 68.201 Rough rice. to that effect shall be shown on the cer Milled Rice, Screenings Milled Rice, and Rough rice shall be rice which con tificate under “Remarks” and, when Brewers Milled Rice. sists of 50 percent or more of paddy requested by the applicant for inspec Although the proposal to reduce the kernels of rice COryza sativa). tion, a factor analysis on the large maximum limit for heat-damaged ker [ ¿if*1 kernels shall also be shown. nels and objectionable seeds allowed in § 68.202 Classes. , Some of the proposed changes were U.S. No. 5 rough and milled rice received Rough rice shall be divided into the controversial and the issues were re- no support from the industry, it was following classes based on the length/ solved as follows: The proposed reduc- decided to adopt the reduced limit. Ex width ratio of whole kernels as estab . tion of the moisture content in the amination of grading data in respect to lished by the Agricultural Research numerical grades of milled rice from the this factor showed that only 0.5 percent Service, U.S. Department of Agriculture Present 15 percent to 14 percent received of the lots had between 26 and 30 heat- (Agriculture Handbook No. 289) : a substantial amount of adverse com damaged kernels and objectionable seeds Long Grain Rough Rice. ment. Opposition to this change was in 500 grams and setting the limit at 25 Medium Grain Rough Rice. made on the grounds that it would not be seeds for 500 grams would not result in Short Grain Rough Rice. p actical since the removal of the hull in a substantial change in the number of M ixed R o u g h R ice. e milling process would raise the mois- lots which would be graded U.S. No. 5 yet would provide more proportional Each class shall contain more than the milled rice by 1 percent, 25.0 percent of whole kernels of rough lentific data indicates that the present limits between the grades for these rice and, except for Mixed Rough Rice, limit tn the milled rice stand- factors. may contain not more than 10.0 percent too high to assure safe transit of For a reasonable period of time after of rice of other classes. Mixed Rough oftw3 toipments during the hot months adoption of the revised standards, the ttiJ*6^ ear- Opinion was also expressed rice inspector will, upon request, show on Rice shall be any mixture of rough rice m . . to® Present limit of 15 percent certificates the inspection results under consisting of less than 90.0 percent of lok®8 been satisfactory and to both the new and the old standards. one class and more than 10.0 percent of on th T® tovel would cause a hardship Other changes from the notice are of rice of any other classCes). tv. «ade. However, data obtained on a nonsubstantial editorial nature. d»ri5a°«ture content of rice inspected It does not appear that further public 1 The specifications of these standards thn„ o fiscal year 1967 showed that less rule-making procedure with respect to shall not excuse failure to compiy with the Dmit* Percent of the milled rice had a the revision of the standards would provisions of the Federal Food, Drug, and lUre content in excess of 14.0 per make additional information available to Cosmetic Act. FEDERAL REGISTER, VOL. 32, NO. 204— FRIDAY, OCTOBER 20, 1967 1 4634 RULES AND REGULATIONS § 68.203 Grades. § 68.214 Head rice. the head rice. In analyzing the large Grades shall be the numerical grades, Head rice shall be the amount of whole broken kernels, determinations of seeds, Sample grade, and special grades pro kernels of milled rice, including 4.0 per objectionable seeds, heat-damaged ker vided for in §§ 68.223 and 68.224. cent of broken kernels, that can be ob nels, red rice, damaged kernels, and tained by milling rough rice. chalky kernels shall be on the basis of § 68.204 Rice of other classes. the large broken kernels. All other de Rice of other classes shall be rice other § 68.215 Total milled rice. terminations shall be on the basis of the than rice of the predominating class in Total milled rice shall be the quantity rough rice as a whole. All mechanical which the length/width ratio of the of whole and broken kernels of milled sizing of kernels shall be adjusted by kernels differs from that of the kernels rice obtained in determining milling handpicking. of the predominating class. yield. § 68.220 Percentages. § 68.205 Whole kernels. § 68.216 Milling yield. All percentages shall be determined Whole kernels shall be unbroken Milling yield of rough rice shall be the upon the basis of weight. Percentages, ex kernels of rice, and broken kernels estimate of the quantity of head rice and cept dockage and milling yield, shall be which are at least three-fourths of the of total milled rice that can be produced expressed in terms of whole and tenths length of unbroken kernels. from a unit of rough rice. of a percent. The milling yield shall be stated in terms of whole and half per § 68.206 Broken kernels. § 68.217 Dockage. cents. A fraction of a percent when equal (a) Broken kernels shall be pieces of Dockage shall be all matter other than to or greater than one-half shall be kernels of rice which are less than three- rice which can be removed readily from stated as one-half percent and when less fourths of the length of whole kernels, the rough rice by the use of appropriate than one-half shall be disregarded. and split kernels of rice. sieves and cleaning devices, and under Dockage, when stated, shall be in terms (b) Large broken kernels shall be the developed, shriveled, and small pieces of of a whole percent and fractions of a broken kernels of Long Grain Rice and kernels of rough rice which are removed percent shall be disregarded. Medium Grain Rice that will pass over in properly separating the dockage and § 68.221 Moisture. a No. 6 sizing plate and broken kernels which cannot be recovered by properly of Short Grain Rice that will pass over a rescreening or recleaning. Moisture shall be determined by the 6/64 round hole sieve, or as determined use of equipment and procedure pre by any other device which gives equiv § 68.218 Test weight per bushel. scribed by the Consumer and Marketing alent results. Test weight per bushel shall be the Service, U.S. Department of Agriculture, weight per Winchester bushel as deter or determined by any method which gives § 68.207 Chalky kernels. mined by the method prescribed by the equivalent results. (Information thereon Chalky kernels shall be kernels and U.S. Department of Agriculture, as de may be obtained from said Service.) pieces of kernels of rice each of which scribed in Circular No. 921 issued June is one-half or more chalky. 1953, or as determined by any method § 68.222 Determination of milling yield. § 68.208 Red rice. which gives equivalent results. Test The milling yield of rough rice shall weight per bushel, when used, shall be be determined by the use of equipment Red rice shall be kernels and pieces of expressed to the nearest tenth of a and procedure prescribed by the Con kernels of rice which are distinctly red pound. in color or which have an appreciable sumer and Marketing Service, U.S. De amount of red bran thereon. P r i n c ip l e s G o v e r n in g A p p l ic a t io n o f partment of Agriculture, or by any S t a n d a r d s § 68.209 Damaged kernels. method which gives equivalent results. § 68.219 Basis of determinations. Damaged kernels shall be kernels and G r a d e s, G rade R equirements , and G rade pieces of kernels of rice which are dis Each determination of class, seeds, ob D esignations tinctly discolored or damaged by water, jectionable seeds, heat-damaged kernels, red rice and damaged kernels, chalky § 68 .2 2 3 Grades and grade requirements insects, heat, or any other means. Ker for rough rice. nels and pieces of kernels of parboiled kernels, broken kernels, rice of other rice when found in nonparboiled rice classes, and color shall be on the basis of (See also § 68.224.) shall function as damaged kernels. § 68.210 Heat-damaged kernels. Maximum limits of— Heat-damaged kernels shall be kernels Seeds and heat- Chalky and pieces of kernels of rice which are damaged kernels kernels materially discolored and damaged by Red rice and Color requirements2 heat. Kernels and pieces of kernels of Grade Heat- damaged Rice of damaged kernels In other dark parboiled rice when found in non Total kernels In Short classes 1 (singly and objec (singly Long and parboiled rice shall function as heat- or com tionable or com Grain Medium bined) seeds bined) Rice Grain damaged kernels. (singly or Rice § 68.211 Paddy kernels. combined) Paddy kernels shall be unhulled ker Number Number nels of rice, either whole or broken. in BOO in BOO Per- grams grams Percent cent Percent Percent § 68.212 Seeds. U.S. No. I ...... 2 i 0.5 1.0 2.0 1.0 Shall be white or creamy. U.S. No. 2...... 4 2 1.5 2.0 4.0 2.0 May be slightly gray. Seeds shall be grains or kernels, either U.S. No. 3...... 7 5 2.A 4.0 6.0 3.0 May be light gray. whole or broken, of any plant other than U.S. No. 4...... 20 15 4.0 6.0 8.0 6.0 May be gray or slightly rosy. U.S. No. 5...... _ 30 26 6.0 10.0 10.0 10.0 May be dark gray or rosy- May be dark gray or rosy- rice. U.S. No. 6______76 76 *15.0 15.0 15.0 10.0 . tor any of tne U.S. Sample grade.. U.S. Sample § 68.213 Objectionable seeds. grades from u .s. jno. i to u .s. jno. e, inclusive; or wmcn contains -“rr fii 0bieo- of moisture; or which is musty, or sour, or heating; or which has any commerc i Objectionable seeds shall be all seeds tionable foreign odor; or which is otherwise of distinctly low quality. except seeds of Echinochloa erusgalli (commonly known as barnyard grass, i These limits do not apply to the class Mixed Rough Rice. * These color requirements are not applicable to Parboiled Rough Rice. watergrass, and Japanese millet). * The rice in grade U.S. No. 6 may contain not more than 6.0 percent of damaged kernels; FEDERAL REGISTER, VOL. 32, NO. 204— FRIDAY, OCTOBER 20, 1967 RULES AND REGULATIONS 14635 §68.224 Special grades, -special grade Rice. When the quality of the large Service, U.S. Department of Agriculture requirements, and special grade des broken rice is equal to U.S. No. 1 Second (Agriculture Handbook No. 289); ignations for rough rice. Head Milled Rice, a statement to that Long Grain Brown Bice. (a) Parboiled rough rice—(1) Require effect shall be shown on the certificate Medium Grain Brown Rice. ments. Parboiled rough rice shall be under “Remarks” and, when requested Short Grain Brown Rice. rough rice in which the starch in the by the applicant for inspection, a factor Mixed Brown Rice. kernels has been gelatinized by soaking, analysis on the large broken kernels shall Each class shall contain more than 25.0 steaming, and drying the rice. Parboiled also be shown. percent of whole kernels of browri rice rough rice in grades U.S. No. 1 to U.S. Subpart D— U.S. Standards for Brown Rico and, except for Mixed Brown Rice, may No. 6, inclusive, may contain not more Terms Defined contain not more than 10.0 percent of than 10.0 percent of kernels of parboiled Sec. rice of other classes. Mixed Brown Rice rice that have ungelatinized areas; and 68.251 Brown rice. shall be any mixture of brown rice con Parboiled rough rice in grades U.S. No. 1 68.252 Classes. sisting of less than 90.0 percent of one and U.S. No. 2 may contain not more 68.253 Grades. class and more than 10.0 percent of rice than 0.1 percent, in grades U.S. No. 3 and 68.254 Rice of other classes. of any other class(es). U.S. No. 4 not more than 0.2 percent, and 68.255 Whole kernels. 68.256 Broken kernels. § 68.253 Grades. in grades U.S. No. 5 and U.S. No. 6 not 68.257 Chalky kernels. more than 0.5 percent of nonparboiled 68.258 Red rice. - Grades shall be the numerical grades, rough rice. 68.259 Damaged kernels. Sample grade, and Special grades pro (2) Grade designation. Parboiled 68.260 Heat-damaged kernels. vided for in §§ 68.283 and 68.284. rough rich shall be graded and designated 68.261 Paddy kernels. according to the special grade require 68.262 Seeds. § 68.254 Rice of other classes. ments for parboiled rough rice and to the 68.263 Objectionable seeds. Rice of other classes shall be rice other grade requirements of the standards 68.264 Foreign material. than rice of the, predominating class in 68.265 4/64 sieve. which the length/width ratio of the ker otherwise applicable to such rough rice, 68.266 5*4/64 sieve. except that the factor “chalky kernels” 68.267 6/64 sieve. nels differs from that of the kernels of shall be disregarded, and there shall be 68.268 6Y2/64 sieve. the predominating class. added to and made a part of the grade 68.269 No. 5 sizing plate. § 68.255 Whole kernels. designation the words “Parboiled Light” 68.270 No. 6 sizing plate. if the rough rice is not colored or is 68.271 Head rice. Whole kernels shall be unbroken ker slightly colored by the parboiling treat 68.272 Total milled rice. nels of rice, and broken kernels which ment, the word “Parboiled” if the rough 68.273 Milling yield. are at least three-fourths of the length 68.274 Milled rice. of unbroken kernels. rice is distinctly but not materially 68.275 Second head milled rice. colored by the parboiling treatment, and 68.276 Screenings milled rice. § 68.256 Broken kernels. the words “Parboiled Dark” if the rough 68.277 Brewers milled rice. rice is materially colored by the par Broken kernels shall be pieces of ker P rinciples Governing Application of nels of rice which are less than three- boiling treatment. Samples illustrating Standards the acceptable levels for “Parboiled fourths of the length of whole kernels, Light,” “Parboiled,” a n d “Parboiled 68.278 Basis of determinations. and split kernels of rice. Dark” will be maintained by the Grain 68.279 Percentages. § 68.257 Chalky kernels. Division, Consumer and Marketing Serv 68.280 Moisture. ice, and will be available for reference in 68.281 Determination of milling yield. Chalky kernels shall be kernels and all rice inspection offices. 68.282 Method of determining broken pieces of kernels of rice each of which (b) Weevily rough rice—(1) Require kernels. is one-half or more chalky. ments. Weevily rough rice shall be rough Grades, Grade Requirements, and Grade § 68.258 Red rice. rice which is infested with live weevils or Designations Red rice shall be kernels and pieces other live insects injurious to stored rice. 68.283 Grades and grade requirements for of kernels of rice which are distinctly (2) Grade designation. Weevily rough brown rice. red in color or on which the bran is red. rice shall be graded and designated ac 68.284 Special grade, special grade require cording to the grade requirements of the ments, and special grade designa § 68.259 Damaged kernels. standards otherwise applicable to such tions for brown rice. Damaged kernels shall be kernels and rough rice and there shall be added to 68.285 Grade designations for brown rice. pieces of kernels of rice which are dis and made a part of the grade designa tinctly discolored or daniaged by water, tion the word “Weevily.” Authority: The provisions of this Subpart D issued under secs. 203, 205, 60 Stat. 1087, insects, heat, or any other means. Ker | 868.225 Grade designations for rough 1090, as amended; 7 U.S.C. 1622, 1624. nels and pieces of kernels of parboiled rice. rice when found in nonparboiled rice shall function as damaged kernels. grat*e designation for rough rice Subpart D— U.S. Standards for Brown shall include, in the order named, the Rice 1 § 68.260 Heat-damaged kernels. | let”?rs “U S.”; the number of the grade T erms D efined Heat-damaged kernels shall be kernels l °r the words “Sample grade,” as the case and pieces of kernels of rice which are [ j~ay the name of the class; and the § 68.251 Brown rice. materially discolored and damaged by | ~aaie. of each applicable special grade; Brown rice shall be rice which consists heat. Kernels and pieces of kernels of L ’m the case of rough rice which con- dark parboiled rice when found in non . “Tt® n<>t more than 18.0 percent of of more than 50.0 percent of kernels of parboiled rice shall function as heat- I ®“”ure» ,^ ere shall be added to the rice (Oryza sativa) from which the hulls damaged kernels. ; designation a statement of the only have been removed. fpnnng yield. In the case of Mixed Rough § 68.261 Paddy kernels. *oce, the grade designation shall also in- § 68.252 Classes. Paddy kernels shall be unhulled ker rthp ’ foUowing the name of the class, Brown rice shall be divided into the nels of rice, either whole or broken. nf W““* and approximate percentage ord 6 pred°niinant class and then, in the following classes based on the length/ § 68.262 Seeds. E of Predominance, of each other width ratio of whole kernels as estab Seeds shall be grains or kernels, either [ ¡¡¡" of rough rice cpntained in the mix- lished by the Agricultural Research whole or broken, of any plant other than «, , A factor analysis shall be made on rice. jj H(Trge broken kernels when the grade 1 The specifications of these standards § 68.263 Objectionable seeds. J o i n e d for rough rice if the qual- shall not excuse failure to comply with the thp cL j *arge broken kernels is below provisions of the Federal Food, Drug, and Objectionable seeds shall be all seeds f grade U.S. No. 1 Second Head Milled Cosmetic Act. " except seeds of Echinochloa crusgalli FEDERAL REGISTER, VOL. 32, NO. 204— FRIDAY, OCTOBER 20, 1967 14636 RULES AND REGULATIONS (commonly known as barnyard grass, rice obtained in determining milling § 68.277 Brewers milled rice. watergrass, and Japanese millet). yield. Brewers milled rice shall consist of the § 68.264 Foreign material. § 68.273 Milling yields broken kernels obtained by milling the Foreign material shall be all matter (a) Milling yield of brown rice shall broken brown rice, with not more than other than rice and seeds. be the estimate of the quantity of head 25.0 percent of whole kernels; and which does not meet the broken kernel size re § 68.265 4/64 sieve. rice and of total milled rice that can be produced from a unit of brown rice. quirements for Second Head Milled Rice A 4/64 round hole sieve shall be a (b) Milling yield of broken brown rice or Screenings Milled Rice. metal sieve 0.0319 inch thick perforated shall be the estimate of the quantity of P r i n c i p l e s G o v e r n in g A pplication of with round holes 0.0625 (4/64) inch in Second Head Milled Rice, 'Screenings S ta n d a r d s diameter which are Va inch from center Milled Rice, and Brewers Milled Rice § 68.278 Basis of determinations. to center. The perforations of each row that can be produced from a unit of shall be staggered in relation to the ad broken brown rice. All determinations shall be on the basis jacent rows. of the brown rice as a whole, except that; § 68.274 Milled rice. § 68.266 5J4/64 sieve. for Second Head Milled Rice, Screenings! Milled rice shall be kernels and pieces Milled Rice, and Brewers Milled Rice, the! A 51/2/64 round hole sieve shall be a of kernels of rice from which the hulls determination of milling yield of broken metal sieve 0.0319 inch thick perforated and practically all of the germs and the brown rice shall be on the basis of the with round holes 0.0859 (5^/64) inch in bran layers have been removed. total broken brown rice. All mechanical diameter which are %± inch from center sizing of kernels shall-be adjusted by to center. The perforations of each row § 68.275 Second head milled rice. handpicking. shall be staggered in relation to the Second head milled rice shall consist adjacent rows. of: § 68.279 Percentages. § 68.267 6/64 sieve. (a) The large broken kernels obtained All percentages shall be determined by milling the broken brown rice from upon the basis of weight. Percentages, A 6/64 round hole sieve shall be a Long Grain Brown Rice and Medium except milling yield, shall be expressed in metal sieve 0.0319 inch thick perforated terms of whole, tenths, and hundredths with round holes 0.0938 (6/64) inch in Grain Brown Rice, with not more than 25.0 percent of whole kernels, not more of a percent as required for individual diameter which are %2 inch from center factors. The milling yield shall be stated; to center. The perforations of each row than 7.0 percent of broken kernels that can be removed readily with a No. 6 siz in terms of whole and half percents. A shall be staggered in relation to the ad fraction of a percent of "milling yield jacent rows. ing plate, not more than 0.4 percent of broken kernels that can be removed when equal to or greater than one-half; § 68.268 6^4/64 sieve. readily with a No. 5 sizing plate, and not shall be stated as one-half percent and more than 0.05 percent of broken kernels when less than one-half shall be dis-j A 6y2/64 round hole sieve shall be a regarded. metal sieve 0.0319 inch thick perforated that will pass readily through a 4/64 with round holes 0.1016 (6Î4/64) inch round hole sieve, or § 68.280 Moisture. in diameter which are %2 inch from cen (b) The large broken kernels obtained Moisture shall be determined by thej ter to center. The perforations of each by milling the broken brown rice from use of equipment and procedure pre-j row shall be staggered in relation to the Medium Grain Brown Rice and Short scribed by the Consumer and Marketing j adjacent rows. Grain Brown Rice, with not more than Service, U.S. Department of Agriculture,! 25.0 percent of whole kernels, not more § 68.269 No. 5 sizing plate. or determined by any m ethod which] than 50.0 percent of broken kernels that gives equivalent results. (Information A No. 5 sizing plate shall be a laminated will pass readily through a 6^/64 round thereon may be obtained from said] metal plate 0.142 inch thick, with a top hole sieve, and not more than 10.0 percent Service.) lamina 0.051 inch thick perforated with of broken kernels that will pass readily round holes 0.0781 (5/64) inch in diam through a 6/64 round hole sieve. § 68.281 Determination of milling yield, j eter which are %2 inch from center to § 68.276 Screenings milled rice. The milling yield of brown rice shall] center, and a bottom lamina 0.091 inch be determined by the use of equipment] thick without perforations. The perfora Screenings milled rice shall consist of: tions of each row in the top lamina shall (a) The medium broken kernels ob and procedure prescribed by the Con be staggered in relation to the adjacent tained by milling the broken brown rice sumer and Marketing Service, U.S. De* rows. from Long Grain Brown Rice and Me partaient of Agriculture, or by any meth dium Grain Brown Rice, with not more od which gives equivalent results. § 68.270 No. 6 sizing plate. than 25.0 percent of whole kernels, not 58.282 Method of determining broken! A No. 6 sizing plate shall be a laminated more than 10.0 percent of broken kernels kernels. metal plate 0.142 inch thick with a top that can be removed readily with a No. lamina 0.051 inch thick perforated with Broken kernels of Second Head Milled! round holes 0.0938 (6/64) inch in diam 5 sizing plate, and not more than 0.2 ce, Screeenings Milled Rice, and Brew-j eter which are %2 inch from center to percent of broken kernels that will pass s Milled Rice obtained by milling center, and a bottom lamina 0.091 inch readily through a 4/64 round hole sieve, oken brown rice shall be determined! thick without perforations. The perfora or the use of sizing plates and sieves ml tions of each row in the top lamina shall (b) The medium broken kernels ob cordance with the methods prescribe«! be staggered in relation to the adjacent tained by milling the broken brown rice rows. the Consumer and Marketing Service,] from Medium Grain Brown Rice and § 68.271 Head rice. S. Department of Agriculture, or byj Short Grain Brown Rice, with not more y method which gives equivalent! Head rice shall be the amount of whole than 25.0 percent of whole kernels; which suits. kernels of milled rice, including 4.0 per does not meet the broken kernel size re cent of broken kernels, that can be ob quirements given in § 68.275(b) for IADES, G rade R equirements , and G rad* tained by milling brown rice. D esignations Second Head Milled Rice; and which >8.283 Grades and grade requirements I § 68.272 Total milled rice. contains not more than 15.0 percent of Total milled rice shall be the quantity broken kernels that will pass readily of whole and broken kernels of milled through a 5&/64 round hole sieve. (See also § 68.284.) FEDERAL REGISTER, VOL. 32, NO. 204— FRIDAY, OCTOBER 20, 1967 RULES AND REGULATIONS 14637 Subpart E— U.S. Standards for Milled Maximum limits of— Rice 1 Seeds and beat-damaged Broken kernals T erms D efined kernels Bed § 68.301 Milled rice. Grade rice and Paddy kernels damaged Chalky Removed Rice of Milled Milled rice shall be whole or broken kernels kernels by No. 6 other rice kernels of rice (Oryza sativa) from Total Heat- Objec (singly sizing classes2 (singly damaged tionable or com Total plate or which the hulls and at least the outer or com kernels seeds bined) through bran layers and a part of the germs have bined) 6K/64 sieve1 been removed, with not more than 10.0 percent of seeds or foreign material Number Number Number Number either singly or combined. Per in 600 in BOO in B00 in 600 Per cent gram» grams grams grams Percent Percent cent Percent Percent Percent § 68.302 Classes. U.S. No. 1 ...J 20 10 1 2 1.0- - 2.0 5.0 1.0 1.0 1.0 Milled rice shall be divided into the U.S. No. 2.— 2.0 40 2 10 2.0 4.0 10.0 2.0 2.0 3.0 U.S. No. 3___ 2.0 70 4 20 4.0 6.0 15.0 3.0 5.0 10.0 following classes based on the length/ U.S. No. 4__J 2.0 100 8 35 8.0 8.0 25.0 4.0 10.0 10.0 15.0 35.0 6.0 10.0 10.0 width ratio of whole kernels as estab U.S. No. 5___ 2.0 —------150 15 50 15.0 lished by the Agricultural Research U.S. Sample gampie grade shall be brown rice of any class which does not meet the requirements for any of Service, U.S. Department of Agriculture the grades from U.S. No. 1 to U.S. No. 5, inclusive; or which contains more than 14.0 percent of moisture; or which is musty, or sour, or heating; or which has any commercially objectionable (Agriculture Handbook No. 289); foreign odor; or which contains more than 0.1 percent of foreign material; or which contains live or dead weevils FEDERAL REGISTER, VOL. 32, NO. 204— FRIDAY, OCTOBER 20, 1967 14638 RULES AND REGULATIONS ing plate, and not more than 0.2 percent § 68.311 Paddy kernels. : § 68.321 No. 5 sizing plate. of broken kernels that will pass readily through a 4/64 round hole sieve, or Paddy kernels shall be unhulled kernels A No. 5 sizing plate shall be a lami nated metal plate 0.142 inch thick, with (2) The medium broken kernels from of rice, either whole or broken. Kernels a top lamina 0.051 inch thick perforated Medium Grain Milled Rice and Short and pieces of kernels of brown rice when Grain Milled Rice, with not more than found in milled rice shall function as with round holes 0.0781 (5/64) inch in paddy kernels. diameter which are %2 inch from center 25.0 percent of whole kernels; which do to center, and a bottom lamina 0.091 not meet the kernel-size requirements § 68.312 Seeds. inch thick without perforations. The given in (c) (2) of this section for Sec Seeds shall be grains or kernels, either perforations of each row in the top lam ond Head Milled Rice; and which con whole or broken, of any plant other than ina shall be staggered in relation to the tain not more than 15.0 percent of broken rice. adjacent rows. kernels that will pass readily through a 51/>/64 round hole sieve. § 68.313 Objectionable seeds. § 68.322 No. 6 sizing plate. (e) Brewers Milled Rice shall con Objectionable seeds shall be all seeds A No. 6 sizing plate shall be a lami sist of broken kernels with not more than except seeds of Echinochloa crusgalli nated metal plate 0.142 inch thick with a 25.0 percent of whole kernels; and which (commonly known as barnyard grass, top lamina 0.051 inch thick perforated do not meet the kernel-size requirements, watergrass, and Japanese millet). with round holes 0,0938 (6/64) inch in for the class Second Head Milled Rice or § 68.314 Foreign material. diameter which are %2 inch from center Screenings Milled Rice. to center, and a bottom lamina 0.091 Foreign material shall be all matter § 68.303 Grades. inch thick without perforations. The other than rice and seeds. perforations of each row in the top lam Grades shall be the numerical grades, § 68.315 2^/64 sieve. ina shall be staggered in relation to the Sample grade, and. special grades pro adjacent rows. vided for in §§ 68.328 through 68.332. A 2y2/64 round hole sieve shall be a metal sieve 0.0319 inch thick perforated P r in c ip l e s G o v e r n in g A pplicatio n of § 68.304 Rice of other classes. with round holes 0.0391 (2Y2/64) inch - S tan d a r d s Rice of other classes shall be rice other in diameter which are 0.075 inch from § 68.323 Basis of determinations. than rice of the predominating class in center to center. The perforations of which the length/width ratio of-the ker each row shall be staggered in relation to All determinations shall be upon the nels differs from that of the kernels of the adjacent rows. basis of the milled rice as a whole. All the predominating class. mechanical sizing of kernels shall be § 68.316 4/64 sieve. adjusted by handpicking. § 68.305 Whole kernels. A 4/64 round hole sieve shall be a metal § 68.324 Percentages. Whole kernels shall be unbroken ker sieve 0.0319 inch thick perforated with nels of rice, and broken kernels which round holes 0.0625 (4/64) inch in diam All percentages shall be determined are at least three-fourths of the length of eter which are V8 inch from center to upon the basis of weight, and shall be unbroken kernels. center. Thev perforations of each row expressed in terms of whole, tenths, and shall be staggered in relation to the hundredths of a percent as required for § 68.306 Broken kernels. adjacent rows. individual factors. Broken kernels shall be pieces of ker § 68.317 5/64 sieve. § 68.325 Moisture. nels of rice which are less than three- A 5/64 round hole sieve shall be a Moisture shall be determined by use fourths of the length of whole kernels, metal sieve 0.0319 inch thick perforated of equipment and procedure prescribed and split kernels of rice. with round holes 0.0781 (5/64) inch in by the Consumer and Marketing Sen- ice, U.S. Department of Agriculture, or § 68.307 Chalky kernels. diameter which are %2 inch from center to center. The perforations of each row determined by any method w hich gives Chalky kernels shall be kernels and shall be staggered in relation to the ad equivalent results. (Information thereon pieces of kernels of rice each of which is jacent rows. may be obtained from said Service.) one-half or more chalky. §68.318 5^4/64 sieve. § 68.326 Method of determining broken kernels. § 68.308 Red rice. A 51/4/64 round hole sieve shall be a Broken kernels of various sizes shall Red rice shall be kernels and pieces metal sieve 0.0319 inch thick perforated with round holes 0.0859 (5^/64) inch be determined by the use of sizing plates of kernels of rice which are distinctly and sieves in accordance with the meth red in color or which have an appreciable in diameter which are %4 inch from center to center. The perforations of od prescribed by the U.S. D epartm ent amount of red bran thereon. each row shall be staggered in relation to of Agriculture, or determined by any method which gives equivalent results.^ § 68.309 Damaged kernels. the adjacent rows. § 68.327 Milling requirements. Damaged kernels shall be kernels and § 68.319 6/64 sieve. Samples illustrating the lowest level pieces of kernels of rice which are dis A 6/64 round hole sieve shall be a for various degrees of milling of millea tinctly discolored or damaged by water, metal sieve 0.0319 inch thick perforated rice, i.e., “well milled,” “ reasonably welt insects, heat, or any other means. Ker round holes 0.0938 (6/64) inch in diam milled,” “lightly milled,” an d “loosely nels and pieces of kernels of parboiled eter which are %2 inch from center milled” will be maintained by the Gram to center. The perforations of each row Division, Consumer and Marketing Serv rice when found in nonparboiled rice shall be staggered in relation to the ice, and will be available for referencej shall function as damaged kernels. adjacent rows. in all rice inspection offices. § 68.310 Heat-damaged kernels. § 68.320 6^4/64 sieve. Heat-damaged kernels shall be kernels G rad e s, G rade R equirements , and G rads A 614/64 round hole sieve shall be a _ D esignations and pieces of kernels of rice which are metal sieve 0.0319 inch thick perforated 68.328 Grades and grade requirin'* materially discolored and damaged by with round holes 0.1016 (6^/64) inch for the classes Long Grain heat. Kernels and pieces of kernels of in diameter which are %2 inch from Rice, Medium Grain Milled Ki j dark parboiled rice when found in non center to center. The perforations of Short Grain Milled Rice, and Mixea parboiled rice shall function as heat- each row shall be staggered in relation to Milled Rice. damaged kernels. the adjacent rows. (See also § 68.332.) FEDERAL REGISTER, VOL. 32, NO. 204— FRIDAY, OCTOBER 20, 1967 § 68.329 Grades and grade requirements for the class Second Head Milled Rice. Maximum limits of— (See also § 68.332.) Seeds, heat- damaged, and Maximum limits of— paddy kernels Chalky kernels Broken kernels (singly or Bed rice Grade1 combined) and Seeds, heat-damaged, damaged Bice of other and paddy kernels Bed rice kernels Grade and Color and milling requirements Heat- (singly In classes* damaged Chalky damaged or com In Medium Bemoved Bemoved Through Total Heat-damaged kernels kernels Total kernels bined) Long Grain or Total by No. 5 by No. 6 6/64 (singly kernels and (singly and objec Grain Short sizing sizing sieve* or com objectionable or com tionable Bice Grain plate * plate* bined) seeds (singly bined) seeds Bice or combined) Number Number Number Number in in 600 in 600 Percent Percent Percent Percent Percent Percent Percent Percent in 600 600 grams Percent Percent grams grams grams U.S. No. V... 2 1 0.5 1.0 2.0 4.0 0.04 0.1 0.1 1.0 U .S.N o. 3— 4 2 1.5 2.0 4.0 7.0 .06 .2 .2 2.0 U.S. No. 1...... 15 5 1.0 3.0 Shall be white or creamy and shall be well U.S. No. 3 ... 7 6 2.5 4.0 6.0 15.0 .1 .8 .5 3.0 milled. U.S. No. 4... 20 16 4.0 6.0 8.0 25.0 .4 2.0 .7 5.0 U.S. No. 2...... 20 10 2.0 5.0 May be slightly gray and shall be well U.S. No. 5... 30 26 4 6.0 10.0 10.0 35.0 .7 3.0 1.0 10.0 milled. \ U.S.No. 6... 76 76 *15.0 16.0 16.0 50.0 1.0 4.0 2.0 10.0 U.S. No. 3...... 35 15 3.0 10.0 May be light gray and shall be at least U.S. Sample reasonably well milled. grade.____ U.S. Sample grade shall be milled rice of any of these classes which does not meet the require U.S. No. 4...... 50 25 5.0 15.0 May be gray or slightly rosy and shall be ments for any of the grades from U.S. No. 1 to U.S. No. 6, Inclusive; or which contains more af least lightly milled. than 14.0 percent of moisture; or which Is musty, or sour, or heating; or which has any com May be dark gray or rosy and shall be at U.S. No. 6...... 75 40 10.0 20.0 REGULATIONS AND RULES mercially objectionable foreign odor; or which contains more than 0.1 percent of foreign material; least loosely milled. or which contains live or dead weevils or other insects, insect webbing, or insect refuse; or which U.S. Sample grade__ U.S. San pie grade shall 1: ie milled ri ce of this c ass which does not meet the requirements for is otherwise of distinctly low quality. any of the grades from U.S. No. 1 to U.S. N o. 5, inclusive; or which contains more than 14.0 pei cent of moisture or which s musty, o r sour, or heating; or which has any commer- daily o bjectionable fore gn odor; oi which coi itains more than 0.1 percent of foreign mate- * Color and milling requirements: U.S. No. 1 shall be white or creamy and shall be well milled. U.S. No. 2 may be rial; or which contains li ve or dead weevils or >ther insects, insect webbing, or insect refuse; slightly gray and shall be well milled. U.S. No. 3 may be light gray and shall be at least reasonably well milled. or whic h is otherwise of distinctly low qualit7- U.S. No. 4 may be gray or slightly rosy and shall be at least lightly milled. U.S. No. 5 and U.S. No. 6 may be dark gray or rosy and shall be at least loosely milled. These color requirements are not applicable to Parboiled Milled Bice. 1 Sizing plates shall be used for Long Grain Milled Bice and may be used for Medium Grain Milled Bice, and § 68.330 Grades and grade requirements for the class Screenings Milled Rice. sieves shall be used for Short Grain Milled Bice and may be used for Medium Grain Milled Bice; but any device which gives equivalent results may be used. (See also § 68.332.) * These limits do not apply to the class Mixed Milled Bice. 4 Milled rice in grade U.S. No. 5 of the special grade Undermilled rice may contain not more than 10 percent of red rice and damaged kernels, either singly or combined, but in any case not more than 6.0 percent of damaged kernels. Maximum limits of— * Milled rice in grade U.S. No. 6 may contain not more than 6.0 percent of damaged kernels. Grade Paddy kernels and seeds Color and milling requirements Chalky kernels Total Objectionable seeds ' >?*• Number in 600 Number in grams 600 grams Percent U.S. N o .l...... 30 J 20 5.0 Shall be white or creamy and shall be well milled. U.S. No. 2...... 75 50 8.0 May be slightly gray and shall be well milled. U.S. No. 3...... 126 , 90 12.0 May be light gray or slightly rosy and shall be at least reasonably well milled. U.S. No. 4...... 175 140 20.0 i May be gray or rosy and shall be at least lightly milled. U.S. No. 6...... 250 200 30.0 May be dark gray or very rosy and shall be at least loosely milled. U.S. Sample grade___ U.S. Sam pie grade shall )e milled r ice of this class which does not meet the requirements for any of the grades frorn U.S. No 1 to U.S. No. 5, inclusive; or which contains more than 14.0 per cent of moistu re; or whic i is musty, or sour, or heating; or which has any commer- daily o bjectionable fo rdgn odor; or which has a badly damaged or extremely red appear- anee; o : which contai is more tl an 0.1 percent of foreign material; or which contains live or deac weevils or ot ler insects insect webbing, or insect refuse; or which is otherwise of distinctly low quailty. 14639 No. 204— Pt. n- -2 FEDERAL REGISTER, VOL. 32, NO. 204— FRIDAY, OCTOBER 20, 1967 14640 RULES AND REGULATIONS § 68.331 Grades and grade requirements cent, of well milled rice, and the factor (2) Grade designation. Coated milled for the class Brewers Milled Rice. “color and milling requirements” shall be rice shall be graded and designated ac (See also § 68.332.) disregarded. cording to the grade requirements of the (2) Grade designation. Undermilled standards otherwise applicable to such Maximum rice shall be graded and designated ac milled rice, and there shall be added to limits of— cording to the special grade requirements and made a part of the grade designation for undermilled rice and to the grade the word “Coated.” Paddy kernels Color and milling requirements of the standards otherwise (d) Granulated Breviers milled rice— Grade and seeds requirements applicable to such milled rice, and there (1) Requirements. Granulated Brewers shall be added to and made a part of the milled rice shall be milled rice which has Objec grade designation the word “Under- Total tionable been «rushed or granulated so that 95.0 seeds milled.A percent or more will pass readily through (b) Parboiled milled rice—(1) Re a 5/64 round hole sieve, 70.0 percent or Percent Percent quirements. Parboiled milled rice shall be more will pass readily through a 4/64 tr.S. No. 1 ... 0.5 0.05 Shall be white or milled rice in which the starch in the round hole sieve, and not more than 15.0 creamy and shall be well milled. kernels has been gelatinized by soaking, percent will pass readily through a U.S. No. 2 ... 1.0 .1 May be slightly gray steaming, and drying the rice. Parboiled 2%/64 round hole sieve. and shall be well milled rice in grades U.S. Nos. 1 to 6, milled. (2) Grade designation. Granulated U.S. No. 3 .. J 1.5 .2 May be light gray or inclusive, may contain not more than 10.0 Brewers milled rice shall be graded and slightly rosy and percent of kernels of parboiled milled shall be at least designated according to the grade re reasonably well rice that have ungelatinized areas;-and quirements of the standards for Brewers milled. parboiled milled rice in grades U.S. No. milled rice and there shall be added to U.S. No. 4_._ 3.0 .4 May be gray or rosy and shall be at least 1 and U.S. No. 2 may contain not more and made a part of the grade designa lightly milled.. than 0.1 percent, in grades U.S. No. 3 tion the word “Granulated.” U.S. No. 5 ... 5.0 1.5 May be dark gray or and U.S. No. 4 not more than 0.2 percent, very rosy and shall § 68.333 Grade designations for Milled be at least loosely and in grades U.S. No. 5 and U.S. No. 6 milled. not more than 0.5 percent of nonpar- Rice. U.S. Sample U.S. Sample grade shall be milled rice of grade. this class which does not meet the re boiled milled rice. Samples illustrating The grade designation for milled rice quirements for any of the grades from the acceptable levels for “Parboiled shall include, in the order named, the U.S. No. 1 to U.S. No. 5, inclusive; or which contains more than 14.0 percent Light,” “Parboiled,” and “Parboiled letters “UJS.”; the number of the grade; of moisture; or which is musty, or sour, Dark” will be maintained by the Grain or the words “Sample grade,” as the case or heating; or which has any commer Division, Consumer and Marketing Serv cially objectionable foreign odor; or may be; the name of the class; and the; which has a badly damaged or ex ice, and will be available for reference name of each applicable special grade. tremely red appearance; or which in all rice inspection offices. contains more than 0.1 percent of In the case of Mixed Milled Rice, the foreign material; or which contains (2) Grade designation. Parboiled grade designation shall include also, fol more than 15.0 percent of broken milled rice shall be graded and designated kernels that will pass readily through a lowing the name of the class, the name j 2J--6/64 round hole sieve; or which con according to the special grade ^require and approximate percentage of the i tains live or dead weevils or other ments for parboiled milled rice and to the whole kernels and broken kernels, sep insects, insect webbing, or insect grade requirements of the standards refuse; or which is otherwise of dis arately, of the predominant class and of tinctly low quality.- otherwise applicable to such milled rice, each other class of milled rice contained except that the factor “.chalky kernels” in the mixture. shall be disregarded, and there shall be § 68.332 Special grades, special grade The foregoing standards supersede the ] added to and made a part of the grade U.S. Standards for Rough Rice, Brown j requirements, and special grade des designation the words “Parboiled Light” ignations for milled rice. Rice, and Milled Rice, as amended effec if the milled rice is not colored or is tive January 3, 1966, and shall becomte j (a) Undermilled rice—(1) Require slightly colored by the parboiling treat effective January 1,1968. ments. Undermilled rice shall be rice ment, the word “Parboiled” if the milled (Secs. 203, 205, 60 Stat. 1087, 1090, as j from which the hulls, some of the germs, rice is distinctly but not materially amended, 7 U.S.C. 1622, 1624. 29 F.R. 16210, j and some of the outer bran layers, have colored by the parboiling treatment, and as amended; 32 F.R . 11741) been removed by milling. Undermilled the words “Parboiled Dark” if the milled Done at Washington, D.C., this 13th j rice in grades U.S. No. 1 and U.S. No. 2 rice is materially colored by the par day of October 1967. may contain not more than 2.0 percent, boiling treatment. G. R. G range, in grades U.S. No. 3 and U.S. No. 4 not (cbJCoated milled rice—(1) Require Deputy Administrator, more than 5.0 percent, in grade U.S. No. ments. Coated milled rice shall be milled Marketing Services. 5 not more than 10.0 percent, and in rice which, in whole or in part, is coated [F.R . DOC. 67-12365; F iled , O ct. 19, 1967; 1 -grade U.S. No. 6 not more than 15.0 per with glucose and talc. 8:45 a.m.] FEDERAL REGISTER, VOL. 32, NO. 204— FRIDAY, OCTOBER 20, 1967