^ xo n a i _ 4/¡> v r „ ___* Pages 7907-7965 FEDERAL REGISTER \ 1934 ¿S VOLUME 29 NUMBER 122 * ^ A / IT E O ^

Washington, Tuesday, June 23, 1964

Contents

AGRICULTURAL MARKETING FEDERAL AVIATION AGENCY Seaman, Charles A ______7959 SERVICE W EZY, Inc., and W K K O Radio, Rules and Regulations Inc. (2 documents)______7959 Rules and Regulations Airworthiness directives: Boeing______, ______7923 Canned tomatoes; U.S. standards FEDERAL MARITIME de Havilland.______7924 for grades______7909 Douglas______._____ 7924 COMMISSION Milk handling: Fairchild______7924 Notices Colorado Springs-Pueblo mar­ Schleicher______7925 Member lines of Brazil/United keting area______7916 Control area and reporting point; States Coffee Agreement; no­ Eastern Colorado marketing alteration,.______7921 tice of filing of agreement area------7918 Federal airways; alteration (4 Proposed Rule Making documents)______7921, 7922 Apricots grown in Washington; Federal airways; designation______7922 FEDERAL POWER COMMISSION expenses and rate of assessment Federal airway segment; designa- Notices for 1964-65 fiscal year______7938 tion___------__---- 7923 Hearings, etc.: Milk in central Arizona marketing Restricted area; revocation__ 7923 Cities Service Oil Co. et al_____ 7950 area; decision on proposed Transition area; designation___ __ 7923 Dugan, Thomas,A., et a l.____7952 amendments______7938 Proposed Rule Making Great Northern Paper Co______7955 Notices Controlled airspace; designation. 7942 Gulf Oil Corp. et al______7952 Iowa Power and Light Co____ _ 7950 Agencies at Sioux City Stock- Johnson, Blair, et al______7956 yards; petition for modification FEDERAL COMMUNICATIONS of rate order______; 7947 Northern Illinois Gas Co______7957 COMMISSION Woods Petroleum Corp. et al___ 7953 AGRICULTURAL RESEARCH Rules and Regulations FEDERAL TRADE COMMISSION SERVICE FM broadcast station, Columbus and Norfolk, Nebr.; table of as­ Rules and Regulations Rules and Regulations signments ______7936 Braided rug industry; trade prac­ Scabies in sheep; interstate move­ tice rules, ____ ¡L______7926 ment ------7921 Proposed Rule Making Prohibited trade practices: FM broadcast stations; table of Georgia-Pacific Corp. and Geor­ agricultural stabilization assignments: gia-Pacific Paper Corp______7925 and conservation Beaufort and Jacksonville, N.C_ 7943 Lectra Spark Co. et al______7926 Cedar Rapids, Dubuque and SERVICE Muscatine, Iowa______7945 FOOD AND DRUG Rules and Regulations ' Minneapolis and St. Paul, Minn_ 7944 ADMINISTRATION Rhinelander, Wis., and Iron- Rice; 1964 rates of penalty______7916 Rules and Regulations wneat; farm marketing quotas wood, Mich______7943 Drugs; certification, change in ex- and acreage allotments, 1965-66 Notices piration date______7928 marketing year______r____ 7912 Hearings, etc.: Food additives; plasticizers in American Telephone and Tele­ polymeric substances______7927 AGRICULTURE DEPARTMENT graph Co______7957 ef ^ficîd^urà! Marketing Serv- Central Broadcasting Corp. and Notices e, Agricultural Research Serv- WCRB, Inc______7957 Hearings, etc. : Ini ^Agricultural Stabilization Crestwood Broadcasting Corp. American Cyanamid Co______7948 and Conservation Service. (KSHE) and Apollo Radio N D K Co______7948 C orp------7958 Rohm and Haas Co______¿____ 7949 ATOMIC ENERGY COMMISSION Dover Broadcasting Co., Inc., Stauffer Chemical Co______7949 Notices and Tuscarawas Broadcasting Co------7958 HEALTH, EDUCATION, AND National Coal Policy Conference, Marietta Broadcasting Co., Inc. WELFARE DEPARTMENT ■’ et al-> filing of petition____ 7949 (WBIE) and Cobb County Broadcasting Co______7958 See Food and Drug Administra­ COMMERCE DEPARTMENT tion. Progress Broadcasting Corp. ee ^ aritime Administration. (W H O M ) ______7958 {Continued on next page) 7907 7908 CONTENTS

INDIAN AFFAIRS BUREAU LABOR DEPARTMENT SECURITIES AND EXCHANGE Rules and Regulations See Wage and Hour Division, COMMISSION General credit to Indians; loans Notices for procurement of expert as­ LAND MANAGEMENT BUREAU Axe-Houghton Fund A, Inc., et al.; sistance______7928 Rules and Regulations filing of application______7950 INTERIOR DEPARTMENT Mineral material disposals; free use______7934 SMALL BUSINESS See Indian Affairs Bureau; Land Management Bureau. Proposed Rule Making ADMINISTRATION Mineral leasing on acquired lands, 7938 Notices INTERNAL REVENUE SERVICE Idaho and Montana; declaration Rules and Regulations MARITIME ADMINISTRATION of disaster area______7951 Estate tax; estates of decedents Notices TREASURY DEPARTMENT dying after August 16, 1964____ 7928 Trade Route 4, U.S. Atlantic/ Excise tax on use of certain high­ See also Internal Revenue Service. Caribbean; flag service re­ way motor vehicles------7929 quirements___,____.______7948 Notices Allied Mutual Insurance Co.; INTERSTATE COMMERCE POST OFFICE DEPARTMENT surety company acceptable on COMMISSION Federal bonds______7946 Notices Rules and Regulations Postal Union mail, incoming and WAGE AND HOUR DIVISION Motor carrier transfer proceed­ outgoing; treatment______7934 in gs.,____'______7963 Notices National Association of Specialized Notices Certificates authorizing employ­ Carriers, Inc.; application for Organization and administration; ment of learners at special mini­ approval of agreement,______7962 miscellaneous amendments___— 7946 mum rates______7961 Codification Guide The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulative list of parts affected, covering the current month to date, appears at the end of each issue beginning with the second issue of the month. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1, 1964, and specifies how they are affected. 7 CFR 43 CFR 52___ — ______- 7909 3610— — ______— ______7934 728______7912 P roposed R u l e s : 730______- ______7916 3221 ______7938 1135______7916 3222 ______7938 1137______7918

P roposed R u l e s : 47 CFR 922______î______7938 73— ______- ______7936 Containing Public Messages, 1131______7938 P roposed R u l e s : Speeches and Statements, 73 (4 documents)______7943-7945 9 CFR Verbatim News Conferences 74______— _ 7921 > Volumes for the following years 14 CFR are now available: 71 [New] (9 documents)------7921-7923 Truman: 73 [N ew ]____ _— ______— 7923 1945. $5.50 507 (5 documents)______7923-7925 1946. 6.00 P roposed R u l e s : 1947. 5.25 71 [New]— — — ____ — 7942 -Eisenhower: 1953_...... — $6.75 16 CFR 1954— — 7.25 1955__...... - 6.75 13 (2 documents)______7925,7926 1956 ______7.25 71______7926 1957 ______6.75 21 CFR 1958— ------8-25 1 9 5 9 _,__— —r— 7.00 121______— 7927 1960-61______7.75 146c_— ______7928 Kennedy: n 1 9 6 1 ______$9.00 25 CFR 1962 _ — ______9.00 91______7928 19631______9.00

Published by the Office of the Federal 26 CFR Register, National Archives and Recor - 20______- ____ - ____ 7928 Service, General Services Administration 41______— 7929 Order from Superintendent of DoeulJ!®r**' United States Government Printing O < 39 CFR Washington, D.C. 20402 113— ______- ______7934 114— _„ ______7934 Rules and Regulations

are for brevity and clearness and no (b) The limits permitted for objection­ Title 7— AGRICULTURE change of meaning is intended. able core material have been reworded (4) Requirements for color remain and now permit a slight amount more Chapter I— Agricultural Marketing unchanged. Reference however is made in Grade C than in Grade B. Service (Standards, inspections, to “USDA Tomato Red,” a plastic color (c) Specific allowances for harmless Marketing Practices), Department of comparator which is on file with the extraneous materials have been elimi­ Agriculture Agricultural Marketing Service. This nated. Consideration is now given to comparator is for sale by the manu­ the effect of any such material on the PART 52— PROCESSED FRUITS AND facturer under a licensing procedure appearance or edibility of the product. VEGETABLES, PROCESSED PROD­ controlled by the Department. (4) The section on “Lot Compliance” UCTS THEREOF, AND CERTAIN (5) Under the factor of defects the has been revised to make clear that a lot OTHER PROCESSED FOOD PROD­ specific maximum allowances for var­ of canned tomatoes wlrch meets the UCTS ious defects in each grade are presented “Whole” requirement, but has a drained in tabular form. These tables provide weight index for the lot of less than 58, Subpart— United States Standards for greater area allowances per can for cans may not be graded higher than U.S. Grades of Canned Tomatoes 1 containing less than two pounds pro­ Grade C. vided that the allowances for defects After consideration of all relevant A proposal to revise the United States per pound of total sample, if applied to a matters presented including the pro­ Standards for Grades of Canned Toma­ lot, are not exceeded. posals set forth in the aforesaid notice toes was published in the F ederal R eg­ (6) Specific allowances for core ma­ the following United States Standards ister of February 19,1963 (28 F.R. 1549). terial by weight are eliminated since the for Grades of Canned Tomatoes are Interested persons were given until De­ introduction of new and different vari­ hereby promulgated pursuant to the au­ cember 31, 1963 to submit written data, eties of tomatoes have made these allow­ thority contained in the Agricultural views, or arguments for consideration in ances unrealistic. Consideration is now Marketing Act of 1946 (secs. 202-208, 60 connection with the proposed revision. given to the effect of objectionable core Stat. 1087, as amended; 7 U.S.C. 1621- Statement of consideration leading to material on the appearance or edibility 1627). the revision. The existing United States of the product. Product Description and Grades Standards for Grades of Canned Toma­ (7) Allowances for “discolored por­ Sec. toes were last revised on August 1, 1946 tions,” not specifically mentioned in the 52.5161 Product description. and have not been codified. The princi­ current standards, are included to cover 52.5162 Grades of canned tomatoes. pal consideration, therefore, is the ne­ such defects as “ghost spots,” “cat Fill op Container cessity for revising the format to facili­ faces,” and similar discolorations which 52.5163 Fill of container. tate such codification. Other reasons affect the quality of canned tomatoes. for a revision at this time are to adjust (8) Allowances for harmless extrane­ Factors op Quality the score points to conform to the uni­ ous materials have been changed to pro­ 52.5164 Ascertaining the grade of a sample form scoring system employed in most vide a small tolerance in Grade B. unit. of the U.S. grade standards for processed Changes in these revised standards 52.5165 Ascertaining the rating for each fruits and vegetables so as to make the from those proposed on February 19, factor which is scored. scoring system more meaningful and to 1963 are not substantive. They include 52.5166 Drained weight. employ modern standardization concepts 52.5167 Wholeness. modifications in wording and presenta­ 52.5168 Color. for more accurate application of the tion for the purpose of clarification. 52.5169 Defects. standards. Other than minor matters of presen­ The revised standards include the fol­ tation, the following specific differences L ot Compliance lowing changes (from the current stand­ from those proposed on February 19, 52.5170 Ascertaining the grade of a lot. ards) substantially as they were pro­ 1963 are now included in the revised Score Sheet posed on February 19, 1963. standards : 52.5171 Score sheet for canned tomatoes. (1) Scores for the factor of “Drained (1) The minimum drained weight Weight” are based on the drained requirement for a lot of Grade A whole Au th o r ity: The provisions of this subpart weights of the individual sample units canned tomatoes is reduced from 59 to issued under Secs. 202-208, 60 Stat. 1087, as amended; 7 U.S.C. 1621-1627. rather than assigning the score indicated 58 percent of the capacity of the con­ by the average drained weight to all of tainer and the minimum for a single P ro d uct D e s c r ip t io n an d G rades the sample units representing a lot, as sample unit is established as 50 percent § 52.5161 Product description. provided for in the present standards. of the capacity of the container. The In ascertaining the grade of a lot, how­ table of drained weight indices is revised “Canned tomatoes” means canned ever, the provision for averaging the to include these changes. . tomatoes as defined in the Standard of drained weights and limiting the grade (2) Definitions for various defects are Identity for Canned Tomatoes (21 CFR to no higher than that indicated by such now included under the factor of 53.40) issued pursuant to the Federal average score is retained. A special lim­ “Defects”. Food, Drug, and Cosmetic Act. iting rule prevents assigning a grade (3) Tables of maximum defects per­ § 52.5162 Grades of canned tomatoes. higher than U.S. Grade B to a sample mitted in each grade are revised in for­ unit falling within the Grade C classi­ mat and now include the following (a) “U.S. Grade A” (or “U.S. Fancy”) is the quality of canned tomatoes that fication for the factor of drained changes: (1) have a good tomato flavor and odor; weights. (a) The amount of peel per pound permitted in single containers of two (2) have a drained weight of not'less ^ (2) A good distinctive tomato flavor pounds or more has been increased as than 66 percent of the capacity of the m od°r is required for U.S. Grade A follows : container; (3) the drained tomatoes con­ Ü.S. Grade A Whole. ' sist principally of whole or almost whole Grade A—from % square inch to 1 square <3) The definitions concerning whole- incb, tomatoes; (4) have good color; (5) are ess are revised slightly. These changes Grade B— from 1 square inch to 2 square practically free from defects; and (6) inches, score not less than 90 points when scored starirt>In|,liance the provisions of these Grade \C—from 1 square inch to no spe­ in accordance with the scoring system with a+i?S sllaU n°t excuse failure to comply cific limit. . outlined in this subpart. Canned toma­ Upy tlle Provisions of the Federal Food, Cosmetic Act or with applicable The amount of peel permitted in the toes may be of this grade if the drained tete laws and regulations. entire sample remains unchanged. weight is less than 66 percent but not less 7909 7910 RULES AND REGULATIONS than 58 percent of the capacity of the by considering the factor of flavor which of the sieve and tomatoes less the weight container and/or if the drained tomato is not scored; the ratings for the factors of the dry sieve. A sieve of 8 inches in meat consists substantially of whole or of drained weight, wholeness, color, and diameter is used for the equivalent of almost whole tomatoes and/or large defects, which are scored; the total No. 3 size cans (404 x 414) and smaller, pieces: Provided, That the total score is score; and the limiting rules which may and a sieve of 12 inches in diameter is not less than 90 points. be applicable. used for containers larger than the (b) “U.S. Grade A (or ‘U.S. Fancy’) (b) Factors rated by score points.equivalent of the No. 3 size can. Whole” is the quality of canned tomatoes The relative importance of each scoring (2) Capacity of container. The ca­ that (1) have a good tomato flavor and factor is expressed numerically, on the pacity of the container is the weight of odor; (2) have a drained weight of not scale of 100. The maximum number of distilled water, at 68 degrees Fahrenheit less than 58 percent of the capacity of points that may be given each factor (20 degrees Centigrade), which the the container; (3) have good color; (4) are: sealed container will hold. are practically free from defects; (5) . Factors Points (b) (.A Whole) Classification. If not consist of drained tomatoes which are 95 Drained weight______20 less than 95 percent, by weight, of the percent, by weight, whole or almost Wholeness ______20 drained tomatoes are whole or almost whole; and (6) score not less than 90 C o lo r ______30 whole, a score of 16 to 20 points may be points when scored in accordance with Defects ______30 given for the respective drained weight the scoring system outlined in this sub­ index as indicated under the “Whole” Total score____ 1______1------100 part. Canned tomatoes may be of this classification in Table I of this subpart: grade if the drained weight is less than § 52.5165 Ascertaining the rating for Provided, That such tomatoes meet the 58 percent but not less than 50 percent the factors which are scored. requirements for Grade A for the factors of the capacity of the container: Pro­ The essential variations within each of color and defects. (See § 52.5170 for ascertaining the grade of a lot of vided, That the total score is not less factor which is scored are so described than 90 points. / that the value may be ascertained for such tomatoes.) (c) (A ) Classification. If the drained (c) “U.S. Grade B ” (or “U.S. Extra each factor and expressed numerically. weight index of the canned tomatoes is Standard”) is the quality of canned The numerical range within each factor not less than 66, a score of 18 to 20 tomatoes that (1) have a normal tomato is inclusive. (For example: “27 to 30 points as indicated in Table I of this sub­ flavor and odor; (2) have a drained points” means 27, 28, 29, or 30 points.) weight of not less than 58 percent of the part may be given. capacity of the container; (3) the § 52.5166 Drained weight. (d) (B ) Classification. If the drained drained tomatoes consist substantially (a) Drained weight index. The rat­weight index of the canned tomatoes is of whole, almost whole and/or large ing for the factor of drained weight is less than 66, but not less than 58, a score pieces; (4) have a reasonably good color; based on the drained weight index of the of 16 or 17 points may be given as indi­ (5) are reasonably free from defects; and sample unit. Such drained weight index cated in Table I of this subpart. (6) score not less than 80 points when is determined as follows: (e) (C ) Classification. If the drained scored in accordance with the scoring weight index of the canned tomatoes is Drained weight index system outlined in this subpart. Canned less than 58 but not less than 50 a score tomatoes of this grade may have a _ Capacity of container of 14 or 15 points may be given as indi­ drained weight of less than 58 percent — Weight of drained tomatoes cated in Table I of this subpart. A but not less than 50 percent of the capac­ sample unit that falls into this classifi­ (1) Weight of drained tomatoes. Thecation shall not be graded above U.S. ity of the container: Provided, That the weight of drained tomatoes is deter­ total score is not less than 80 points. Grade B, regardless of the total score for mined by emptying the contents of the the product. (This is a special limiting (d) “U.S. Grade C” (or “U.S. Stand­ container upon a circular sieve of proper rule.) ard”) is the quality of canned tomatoes diameter containing two meshes to the that (1) have a normal tomato flavor and (f) (SStd.) Classification. Canned inch (the wire of the screen is of uni­ tomatoes that fail to meet the require­ odor; (2) have a drained weight of not form diameter of 0.054 inch; 0.446- less than 50 percent of the capacity of the ments of paragraph (e) of this section inch±3 percent square openings) so as container; (3) the drained tomatoes may may be given a score of 0 to 13 points consist of units of any size; (4) have a to distribute evenly, inclining the sieve and shall not be graded above Sub­ fairly good color; (5) are fairly free from slightly to facilitate drainage, and allow­ standard, regardless of the total score defects; and (6) score not less than 70 ing to drain for two minutes. The for the product. (This is a limiting points when scored in accordance with weight of drained tomatoes is the weight rule.) the scoring system outlined in this sub­ TABLE I—Allowable Score Points For Drained W eight I ndices A nd M inimum W eights Or Drained part. T omatoes For Commonly Used Containers. (e) Substandard is the quality of can­ ned tomatoes that fail to meet the re­ Container sizes quirements of U.S. Grade C. U.S. Grade Score Drained No. 10 .classification points weight 8Z tall Picnic No. 303 No. 2 No. TYs Nc*.~3 cyl. x F i l l o f C o n t a in e r index § 52.5163 Fill o f container. Minimum drained weight Ounces The standard of fill of container for Index Ounces Ounces Ounces Ounces Ounces Ounces canned tomatoes (21 CFR 53.42) re­ f 20 62 5.4 6.8 10.5 12.7 18.5 31> 0 quires that the product occupy not less 19 60 5.2 6.5 10.1 12.3 17.9 63.5 Whole------58 6.0 6.3 9.8 11.9 17.3 59.1 than 90 percent of the water capacity of 1 18 11.1 16.1 27.9 17 54 4.7 5.9 9.1 25.8 54.7 the container and indicates that canned l 16 50 4.3 5.5 8.5 10.3 14.9 36.2 76.6 tomatoes failing this requirement are f 20 70 6.1 7.6 11.8 14.4 20.8 74.4 7.4 11.5 13.9 20.2 35.1 “Below Standard in Fill.” A ...... 1 19 68 5.9 34.1 72.2 1 18 66 5.7 7.2 11.1 13.5 19.6 67.9 F actors o f Q u a l it y 12.7 18.5 32.0 f 17 62 5.4 6.8 10.5 30.0 63.5 B...... \ 16 58 5.0 6.3 9.8 11.9 17.3 § 52.5164 Ascertaining the grade of a 59.1 11.1 16.1 27.9 sample unit. / 16 54 4.7 5.9 9.1 25.8 54.7 C...... l 14 50 4.3 5.5 8.5 10.3 14.9 (a) General. The grade of a sample unit of canned tomatoes is ascertained (See § 52.5170 for ascertaining the grade of a lot of canned tomatoes.) Tuesday, June 23, 1964 FEDERAL REGISTER 7911

§ 52.5167 Wholeness. and their availability may be obtained § 52.5169 Defects. from: (a) General. The factor of wholeness (a) Definitions. The factor of defects concerns the conformation of the toma­ Processed Products Standardization and In­ concerns the degree of freedom from toes and the weight of the pieces of to­ spection Branch, Fruit and Vegetable Di­ tomato peel, objectionable core material, mato that remain on the screen after vision, t7.S. Department of Agriculture. blemished areas, discolored areas, harm­ draining as described in § 52.5166. Washington, D.C., 20250. less extraneous materials, and other (b) Definitions. (1) “Whole or al­ (c) (A ) and (A Whole) Classifica­ similar defects. most whole tomatoes” are tomatoes of tions. Canned tomatoes that have a (1) “Objectionable core material” any size that are substantially whole in good color may be given a score of 27 to means tomato material associated with that (i) the contour of the tomato is not 30 points. “Good color” means a color the core of the tomato or its attachment materially affected by coring, trimming, that is typical of tomatoes of the red or which detract" from the appearance or or other means; (ii) the tomato may be reddish varieties and that of the total edibility of the product and includes cracked or split but not to the extent outer surface areas of the tomatoes: (1) tough fibres and tough or slightly dis­ that there is material loss of seed or Not less than 90 percent are as red as colored tomato tissue. placenta (gelatinous mass filling seed “USDA Tomato Red;” (2) not more than (2) “Blemished areas” are abnormal cavity) or serious opening in the seed 5 percent may be yellow or may possess areas on the tomatoes which contrast cavity; and (iii) the units may be read­ less red than Minimum Red for Canned strongly in color and/or texture with the ily restored to, and handled, in prac­ Tomatoes; and (3) none are a distinct normal tomato tissue. Such areas would tically their original shape. vivid green. normally be removed in the preparation (2) “Large piece” of tomato is a piece (d) (B ) Classification. If the canned of tomatoes for culinary use. of tomato that weighs not less than iy2 tomatoes have a reasonably good color a (3) “Discolored portions” refers to im­ ounces. score of 24 to 26 points may be given. perfections of the tomato tissue which s (3) “Drained tomatoes” means all of Canned tomatoes that fall into this clas­ may not be of strongly contrasting color the tomato material that remains on the sification shall not be graded above U.S. with respect to the tomato tissue but screen after draining as prescribed in Grade B, regardless of the total score for which detract slightly from the appear­ § 52.5166. the product. (This is a limiting rule.) ance of the product. (c) (A Whole) Classification. If not “Reasonably good color” means a color (4) "Harmless extraneous material” less than 95 percent by weight of the that is typical of tomatoes of the red or consists of tomato leaves, stems, calyx: drained tomatoes are whole or almost reddish varieties, and that of the total bracts, and similar harmless plant mate­ whole a score of 20 points may be given. outer surface areas of the tomatoes: (1) rial. (d) (.A) Classification. If less than 95 Not less than 50 percent are as red as (b) (A ) and (A Whole) Classifications. percent but not less than 80 percent by “USDA Tomato Red;” (2) not more Canned tomatoes that are practically weight of the drained tomatoes are whole than 10 percent are yellow or are less free from defects may be given a score or almost whole a score of 18 or 19 points red than "Minimum Red for Canned of 27 to 30 points, “Practically free may be given. Tomatoes;” and (3) none are a distinct from defects” means that: (1) Any de­ (e) (£) Classification. If not less vivid green. fects present, whether or not specifically than 70 percent by weight of the drained (e) (C ) Classification. If the canned defined or listed herein, no more than tomatoes consist of whole or almost tomatoes possess a fairly good color, a slightly detract from the appearance or whole tomatoes and/or large pieces a score of 21 to 23 points may be given. edibility of the product; (2) practically score of 16 or 17 points may be given. Canned tomatoes that fall into this clas­ no objectionable core material may be (f) (C) Classification. If less than 70 sification shall not be graded above U.S. present; (3) no more than a trace of percent by weight of the drained toma­ Grade C, regardless of the total score harmless* extraneous material may be toes consist of whole or almost whole for the product. (This is a limiting rule.) present; and (4) the defects that may tomatoes and/or large pieces a score of “Fairly good color” means that the red be present in the sample unit, and the 14 or 15 points may be given. Canned predominates to the extent that the 50 entire sample if applicable, do not exceed tomatoes that fall into this classification percent of the drained tomatoes which the allowances specified in Table n of shall not be graded above U.S. Grade C, possess the least redness are as red or this subpart. regardless of the total score for the prod­ redder than “Minimum Red for banned (c) (B ) Classification. If the canned uct. (This is a limiting rule.) Tomatoes” as determined by the follow­ tomatoes are reasonably free from de­ § 52.5168 Color. ing test: fects a score of 24 to 26 points may be (1) Remove the drained tomatoes from given. Canned tomatoes that fall into (u) Definitions. (1) “USDA Tomato the sieve after draining as described un­ this classification shall not be graded Red ’ means the color of an approved der the factor of “Drained Weight.” above U.S. Grade B, regardless of the Plastic color comparator of this desig­ (2) Cut out and segregate succes­ total score for the product. (This is a nation. sively those portions of tomatoes of least limiting rule.) “Reasonably free from (2) “Minimum Red for Canned Toma­redness until 50 percent of the drained defects” means that: (1) Any defects toes means the equivalent of any of the weight has been so segregated. Com­ present, whether or not specifically de­ colors produced by blending the com­ minute the segregated portions (of least fined or listed herein, do not materially binations of the following Munsell Color redness) to a uniform mixture without detract from the appearance or edibility f1 equal diameter when placed as removing the seeds. of the product; (2) only a slight amount indicated: (3) Fill the mixture into a black con­ of objectionable core material may be present; (3) no more than a slight Red-MunseU 5 R 2.6/13 (glossy finish). tainer to a depth of at least one inch. amount of harmless extraneous material R,;I0.W~ Munse11 2 5 YR 5/12 (glossy finish) Free the mixture from air bubbles, and Black—Mnnsc11 N 1 / (glossy finish), skim off or press below the surface all may be présent ; and (4) the defects that y Munsell N 4 (mat finish). visible seeds. may be present in the sample unit, and the entire sample if applicable, do not (4) Compare the color of the mixture, The discs are placed so that one-third exceed the allowances specified in Table the area of the Red disc, and not more in full diffused daylight or its equivalent, n of this subpart. tnan one-third of the area of the Yellow with the "Minimum Red for Canned (d) (C ) Classification. If the canned tha’xyi'^ exposed. The exposed areas of Tomatoes.” tomatoes are fairly free from defects a rJl • and Grey discs make up the (f ) (SStd.) Classification. Canned score of 21 to 23 points may be givén. remainder of the area. tomatoes that fail to meet the require­ Canned tomatoes that fall into this clas­ (b) Availability of color references. ments of paragraph (e> of this section sification shall not be graded above U.S. av;)e.1c°lors referred to in this section are may be given a score of 0 to 20 points Grade C, regardless of the total score liable from approved suppliers under and shall not be graded' above Substand­ for the product. (This is a limiting cense from the Agricultural Marketing ard, regardless of the total score for the rule.) “Fairly free from defects” means Vlce* Information about these colors product. (This is a limiting rule.) that: (1) Any defects present, whether 7912 RULES AND REGULATIONS or not specifically defined or listed here­ and shall not be graded above Sub­ after the date of publication hereof in in, do not seriously detract from the standard, regardless of the total score the F ederal R egister and thereupon will appearance or edibility of the product; for the product. " (This is a limiting supersede the United States Standards (2) only a moderate amount of objec­ rule. ) for Grades of Canned Tomatoes which tionable core material may be present; (f) Equivalents. The following equiv­have been in effect since August 1,1946. (3) only a moderate amount of harmless alents may be used in connection with Dated: June 18,1964. extraneous material may be present; Table H : G . R . G range, and (4) the defects that may be present Equivalents in the sample unit, and the entire sam­ Deputy Administrator, 2 pounds =0.91 kg. Marketing Services. ple if applicable, do not exceed the al­ 3 sq. in. = 19.4 cm.2 lowances specified In Table II of this 2 sq. in. = 12.9 cm.2 [F.R. Doc. 64-6229; Filed, June 22, 1964; subpart. 1 sq. in. =6.5 cm.2 8:52 a.m.] (e) (SStd.) Classification. Canned 1,4 sq. in. =3.2 cm.2 tomatoes that fail to meet the require­ - ^4 sq. in. =1.6 cm.2 _ Chapter VII-—Agricultural Stabiliza­ ments of paragraph (d) of this section 3,6 sq. in. =0.8 cm.2 1,4e sq. in. =0.4 cm.2 tion and Conservation Service may be given a score of 0 to 20 points (Agricultural Adjustment), Depart­ P ermitted in Each Grade T able II—M aximum D efects ment of Agriculture In a single container In total sample SUBCHAPTER B— FARM MARKETING QUOTAS representing a V lot; in cans of AND ACREAGE ALLOTMENTS Grades Defect (aggregate area) In cans of 2 or more any size (per In cans of less than 2 pounds total contents pound of total PART 728— WHEAT pounds total contents (equivalent amount contents of all (in any container) per pound of contents containers Subpart— 1965-66 Marketing Year of any container) (average)) Sec. 728.101 Basis and purpose. % square inch. [Peel...... 2 square inches...... 1 square inch______728.102 National marketing quota for wheat A and A Whole------{Blemished areas...... H square inch...... Ha square inch...... Ha square inch, (Discolored portions.*. Y square inch------H square inch______H square inch. for the 1965-66 marketing year. 728.103 1965 national acreage allotment for (Peel...... 3 square inches------2 square inches______1 square inch. wheat. H square inch______H square inch______H square inch. 728.104 Apportionment of the 1965 national (Discolored portions__ i square inch______Yi square inch______H square inch. acreage allotment for wheat iPfiP.l No limit______1 square inch. among the several States. (1 H square inch...... Vi square inch______H square inch. 728.105 Designation of commercial wheat- % square inch. (Discolored portions__ 1H square inches_____ H square inch______producing area for the 1965-66 marketing year. L o t C o m p l ia n c e S core S h e e t Au th o rity: The provisions of this subpart § 52.5170 'Ascertaining the grade of a § 52.5171 Score sheet for Canned To­ issued under secs. 301, 332, 333, 334, 334a, 335, 375, 377, 379b, 52 Stat. 38, as amended, lot. matoes. 53, as amended, 54, as amended, 66, as The grade of a lot of canned tomatoes amended, 70 Stat. 206, as amended;-76 Stat. No., size and kind of container.. 621, 626, 631, 78 Stat. 178; 7 IJ.S.C. 1301,1332, covered by these standards is determined Label______by the procedures set forth in the Regu­ Container mark or identification. 1333, 1334, 1335, 1335-note, 1375, 1377, 1379b. Net weight (ounces)______lations Governing Inspection and Certifi­ Vacuum (inches)______§ 728.101 Basis and purpose. cation of Processed Fruits and Vege­ Drained weight (ounces)______tables, Processed Products Thereof, and Flavor and odor______(a ) Section 201 of the Agricultural Certain Other Processed Products Act of 1964 provides that the Secretary t l T 52.1 to 52.87); except that the Factors Score points shall not proclaim a national marketing drained weight index of the entire sample quota for the 1965 crop of wheat and that shall limit the grade of such a lot in ac­ jA) (A Whole) 18-20 farm marketing quotas shall not be in B) 16-17 cordance with the following table and 20 C) 214-15 effect for such crop of wheat. It further limiting rule: SStd.) » 0-13 provides that the Secretary shall pro­ claim a national acreage allotment for A Whole) 20 A) 18-19 the 1965 crop of wheat which shall be Minimum 20 drained B) 16-17 the number of acres which the Secretary U.S. Grade weight 'C) » 14-16 classification index of determines will make available an ade­ total A) (A Whole) 27-30 quate supply of wheat, but shall not be sample iB) « 24-26 30 C) » 21-23 less than 49,500,000 acres. SStd.) 10-20 lations contained in §§ 728.101 to 728.105 Grade A Whole... 58 A lot of canned toma­ inclusive are issued to (1) proclaim tna toes which meets the ((A) (A Whole) 27-30 requirements for J(B) 124-26 marketing quotas will not be iff e®ec “Whole” classifica­ 30 1(C) 121-23 the 1965 crop of wheat, (2) determine tion but which has a l(SStd.) * 0-20 drained weight index and proclaim the national acreage alio - less than 58, may not 100 ment for wheat, (3) determine the n - be graded higher than U.S. Grade O. tional reserve for new areas authonz 1 Indicates limiting rule. in section 334(a) and the national special 2 Indicates special limiting mie. reserve authorized in the same sectio Grade A ...... 66 Grade B ______58 The United States Standards for amended by Public Law 88-297, (4) P" Grade O______50 Grades of Canned Tomatoes (which is portion the national acreage allotment the seventh issue) contained in this sub­ less reserves among the several ° : (See § 52.5166 for minimum drained weight indices for and (5) designate the commercial individual sample units.) part shall become effective thirty days Tuesday, June 23, 1964 FEDERAL REGISTER 7913

wheat-producing area for the 1965-66 Such adjustments shall not provide an diversion credit for the farm was deter­ marketing year. allotment for any farm which would re­ mined by dividing the 1954 wheat acre­ (b) Section 334(i) of the Act, as sult in an allotment-cropland ratio for age by 90 per centum of the county amended, provides that if, with respect the farm in excess of one-half of such scaling factor and subtracting from this to any crop of wheat, the Secretary finds county average ratio and the total of result the 1954 wheat acreage. that the acreage allotments of farms such adjustments in any county shall not (i) Credit for wheat diversion in 1955 producing any type of wheat are inade­ exceed the acreage made available there­ and 1956 was computed on a farm basis quate to provide for the production of a for in the county. Such apportionment in a similar manner as for 1954, except sufficient quantity of such type of wheat from the special acreage reserve shall be that for 1956 there was added to the to satisfy the demand therefor, the wheat made only to counties where wheat is a computed wheat diversion for each farm acreage allotment for such crop for each major income-producing crop, only to the acreage placed in- the 1956 acreage farm located in a county designated by farms on which there is limited oppor­ reserve program for wheat which was the Secretary as a county which (1) is tunity for the production of an alterna­ not planted to wheat. capable of producing such type of wheat, tive income-producing crop, and only if (j) For the years 1954,1955, and 1956, and (2) has produced such type of wheat an efficient farming operation on the the State diversion credit for wheat was for commercial food products during one farm requires the allotment of addi­ determined by obtaining the sum s of the or more of the five years immediately tional acreage from the special acreage computed farm diversion credits for each preceding the year in which such crop reserve. For the purposes of making ad­ year. For the States of Minnesota, Mon­ is harvested, shall be increased by such justments from the special acreage re­ tana, North Dakota, and South Dakota uniform percentage as he deems neces­ serve the cropland on the farm shall not the acreage of Durum Wheat (Class II) sary to provide for such quantity. I find include any land developed as cropland grown within the allotment increases that the farm acreage allotments for the subsequent to the 1963 crop year. In made for 1954 under Public Law 290, 83d 1965 crop on farms producing each type determining the amount of the reserve, Congress, and for 1955 and 1956 under of wheat will be adequate to produce a consideration was given to recommenda­ Public Law 431, 84th Congress, were sufficient quantity of each type of wheat tions of representatives of the Agricul­ 'deducted from the 1954, 1955, and 1956 to satisfy the demand therefor taking tural Stabilization and Conservation State wheat acreages, respectively, ad­ into consideration the minimum national Service at the national, State, and county justed as described above so that such acreage allotment for 1965, small farm levels, that many qualifying counties will increases made for Durum Wheat (Class allotment increases, overplanting of have a small number of farms eligible to II) would not be reflected in the deter­ allotment by nonparticipants, and wheat receive additional allotment, and that mination of future allotments as pro­ produced on food grain base under sub­ in other qualifying counties the farms vided by those Acts. For the State of stitution privilege, and allowing for eligible to receive additional allotment California a* similar adjustment was voluntary diversion, soil bank acreages, will be limited to small acreage increases. made in the 1956. State wheat acreage normal underplanting of allotments, and Accordingly, it is determined that 100,000 for Durum Wheat (Class II). abandonment. Therefore, no action will acres is desirable for the purposes of (k) Adjustments for abnormal weath­ be taken for 1965 under section 334(i) of this special reserve for the 1965 crop. er conditions were determined on a the Act. ' (e) The determination that the na­ county basis for each State because the (c) Section 334(a) of the Act, as tional reserve for new areas coming into nature of such adjustments does not per­ amended, provides that the 1965 national the production of wheat during the im­ mit their determination at the State acreage allotment for wheat (less (1) a mediately preceding ten years shall be level. Such adjustments in the county reserve of not to exceed one per centum in the amount of 20,000 acres is based wheat acreage estimates were approved thereof for apportionment to counties upon experience gained during the past only for counties for which the ASC in addition to the county allotments several years and presently indicated State committees had determined that made under section 334(b) of the Act on needs. v the wheat acreage seeded and diverted the basis of the relative needs of counties ( f ) In making the findings and deter­ for any year of the 10-ye^r period was for additional allotment because of new minations contained in § 728.104 the below normal due to abnormal weather areas coming into the production of State wheat acreage estimates of the conditions. Counties thus approved wheat during the preceding ten years, Statistical Reporting Service of the De­ which had wheat acreage plus diverted and less (2) a special reserve not in ex­ partment were used for the years 1954- acreage for the year in question lower cess of one million acres for the purpose 56, inclusive, adjusted where necessary than the level represented by 90 per­ explained in the following paragraph) to reflect the acreages of wheat used for cent of the most recent previous normal shall be apportioned among the several green manure, cover crop, hay, pasture, year’s acreage or 110 percent of the pre­ States on the basis of the acreage seeded and silage, in all States, and the acreage vious 10-year average wheat acreage plus for the production of wheat during the planted to Durum Wheat (Class II) un­ diverted acreage, whichever was less, ten calendar years 1954 to 1963 (plus, in der applicable public laws, in the States were increased to such level. The State applicable years, the acreage diverted of North Dakota, Minnesota, Montana, wheat acreage estimates of the Statisti­ from wheat under agricultural adjust­ South Dakota, and California, as indi­ cal Reporting Service, as previously ment and conservation programs), with cated by statistics of the Agricultural adjusted, were increased by an acreage adjustments for abnormal weather con­ Stabilization and Conservation Service equal to the difference between the wheat ditions and for trends in acreage during of the Department. acreage plus diversion and the acreage such period. (g) For States for which wheat acre­ substituted in lieu thereof as an adjust­ (d) Section 202 of the Agricultural age estimates are not compiled by the ment for abnormal weather, for all ap­ Act of 1964 provides for a special acreage Statistical Reporting Service, and for the plicable counties in the State. reserve not in excess of one million acres 1957, 1958, 1959, 1960, 1961, 1962, and (l) The 1957 wheat acreage data as as determined by the Secretary as being 1963 crop years, statistics of the Agri­ compiled from Agricultural Stabilization desirable for the purposes of making ad­ cultural Stabilization and Conservation and Conservation Service statistics in­ ditional allotments to counties on the Service were used. cluded the following as wheat acreage: basis of the relative needs of counties, (h) Credit for wheat diversion in 1954 (1) Acreages actually seeded on the ?? determined by the Secretary, for addi­ was computed on a farm basis as fol­ farms and classified as wheat under tional allotment to make adjustments in lows: If the 1954 farm wheat acreage marketing quota regulations, less the the allotments on old wheat farms (i.e., allotment was knowingly exceeded no acreages of Durum Wheat (Class II) arms on which wheat has been seeded credit for diversion was allowed. If the grown within the allotments increased th re,garded as seeded to one or more of 1954 allotment was not knowingly ex­ under Public Law 85-13; (2) the de three crops immediately preceding ceeded, or the 1954 wheat acreage was amounts by which the acreages on for which the allotment is 90 percentum or more of the farm allot­ a farm were less than the wheat acreage aolishcd) on which the ratio of wheat ment, the diversion credit allowed was allotment, except those farms under- fa„ease allotment to cropland on the the difference between the base acreage planting the allotments for the purpose rat?1 * ^ess f*19,11 one-half the average and the 1954 wheat acreage. If the 1954 by repleting stored excess; (3) the acre­ -for,!? 01 w^eaf acreage allotment to crop- wheat acreage was less than 90 per ages diverted from the production of d on old wheat farms in the county. centum of the allotment, the m axim um wheat on complying farms; and (4) the 7914 RULES AND REGULATIONS acreages released and reapportioned to payment of penalty, and none of such was stored or delivered to the Secretary farms under regulations issued by the excess has been depleted, or the excess to avoid or postpone payment of penalty, Secretary governing the temporary re­ has been adjusted to zero because of and none of such excess was depleted, or lease and reapportionment of'such acre­ underproduction. The 1959 wheat acre­ the farm marketing excess was adjusted age. age data compiled from Agricultural to zero because,of underproduction; (3) (m ) Section 334r of the Agricultural Stabilization and Conservation Service the wheat base acreages on all old farms Adjustment Act of 1938, as amended, was statistics were the sum of the following: complying with the wheat acreage allot­ amended by Public Law 85-203 to add (1) The wheat acreage allotments forment, except those farms, other than subsection (h ), redesignated subsection all farms on which the allotment was federally owned farms on which less than (g) by the Pood and Agriculture Act of overseeded, except those farms on which 75 per centum of the farm allotment for 1962, reading in part as follows: “Not­ the entire amount of the farm marketing 1960, 1961, 1962, or 1963, as the case withstanding any other provision of law, excess was stored or delivered to the may be, and for each of the two imme­ no acreage in the commercial wheat- Secretary to avoid or postpone the pay­ diately preceding years was actually producing area seeded to wheat for har­ ment of penalty, and none of such ex­ planted to wheat or was regarded as vest as grain in 1958 or thereafter in cess was depleted, or the farm marketing planted to wheat under the Soil Bank excess of acreage allotments shall be excess was adjusted to zero because of Act and the Great Plains program; (4) considered in establishing future State underproduction; (2) the wheat base for 1960, 1961, 1962, and 1963 for any and county acreage allotments except acreages on all old farms on which old farm other than a federally owned as prescribed in the provisos to the first the allotment was overseeded and on farm on which less than 75 per centum sentence of subsections (a) and ( b ) , re­ which the entire amount of the farm of the farm acreage allotment for 1960, spectively, of this section.” Under the marketing excess was stored or delivered 1961, 1962, and 1963, as the case may provisions of this amendment, only the to the Secretary to avoid or postpone be, and for each of the two immediately allotment can be counted as wheat acre- payment of penalty, and none of such preceding years was actually planted to agé history on any farm on which the excess was depleted, or the farm market­ wheat' or regarded as planted to wheat allotment was overseeded for the 1958 ing excels was adjusted to zero because under the Soil Bank Act and the Great crop year. The acreage data for 1958 of underproduction; (3) the wheat base Plains program, the smaller of the farm compiled from Agricultural Stabilization acreages on all old farms complying with base acreage for 1960,1961, 1962, or 1963, and Conservation Service statistics were the wheat acreage allotment, except whichever is applicable, or the acreage the sum of the following: (1) The wheat those farms underplanting the allotment obtained by multiplying the wheat acre­ acreage allotments for all farms on for the purposes of depleting stored ex­ age for such year by the county wheat which the allotment was overseeded; (2) cess; and (4) for those old farms under-- diversion factor for such year, which will the wheat base acreages on all farms planting the allotment for the purpose of by the reciprocal of a decimal fraction complying with the wheat acreage allot­ depleting stored excess, the acreage ac­ which is 75 per centum of the county ment, except those farms underplanting tually classified as wheat under market­ proration factor; (5) for new farms the allotment for the purpose of deplet­ ing quota regulations, plus the diversion knowingly overplanted for which the ing stored excess; and (3) for those credit determined by multiplying the farm marketing excesses were adjusted farms underplanting the allotment for acreage seeded by the reciprocal of the to zero on account of actual production the purpose of depleting stored excess, scaling factor. or for which farm marketing excesses the acreages actually classified as wheat (p) Section 377 of the Agriculturalwere determined and such excesses were under marketing quota regulations, plus Adjustment Act of 1938, as amended, stored or delivered to the Secretary to the diversion credit determined by multi­ was amended by Public Law 86-172 to avoid or postpone payment of penalty, plying the acreage seeded by the recip­ read beginning with the first proviso as the final allotment determined for the rocal of the county scaling factor. follows: “Provided,T h at beginning with farm multiplied by the county diversion (n) Section 334 of the Agricultural the 1960 crop, except for federally owned credit factor, which was the reciprocal Adjustment Act Of 1938, as amended, was land, the current farm acreage allot­ of a decimal fraction equal to 100 per amended by Public Law 86-419 to add ments established for a commodity shall centum of the county proration factor; subsection (d) as follows: not be preserved as history acreage pur­ and (6) for any new farm for which a suant to the provisions of this section wheat acreage allotment was determined (d) For the purpose of subsections (a), and such allotment was not overplanted, (b), and (c) of this section, any farm (1) unless for the current year or either of to which a wheat marketing quota is appli­ the two preceding years an acreage equal the final allotment determined for the cable; and (2) on which the acreage planted to 75 per centum or more of the farm farm multiplied by the wheat diversion to wheat exceeds the farm wheat acreage acreage allotment for such year was Credit factor, which was the reciprocal allotment; and (3) on which the marketing actually planted or devoted to the com­ of a decimal fraction which is equal to excess is zero, shall be regarded as a farm modity on the farm (or was regarded the county proration factor. To the on which the entire amount of the farm mar­ acreages determined above, the special keting excess has been delivered to the as planted under provisions of the Soil Bank Act or the Great Plains program ).” allotments assigned to farms in the Tule- Secretary or stored in accordance with ap­ lake Area of California under the pro­ plicable regulations to avoid or postpone the Under the provisions of this amendment payment of the penalty. This subsection farm wheat acreage history for any crop visions of Public Law 86-385 were added shall be applicable in establishing the acre­ was not reduced by reason of under- for each of the years 1959, 1960, and age seeded and diverted and the past acre­ planting except when less than 75 per­ 1961, and as provided in Public Law age of wheat for 1959 and subsequent years cent of the farm allotment was planted 87-357 for 1962 and 1963. in the apportionment of allotment begin­ to such crop and to each of thé two (q) Section 334(e) of the Act as ning with the 1961 crop of wheat. For the amended by Public Law 87-703 author­ purpose of clause (1) of this subsection, a immediately preceding crops. The 1960, farm with respect to which an exemption 1961, 1962, and 1963 wheat acreage data ized the Secretary to increase farm wheat has been granted under section 335(f) for compiled from Agricultural Stabilization acreage allotments for the 1962 and 1963 any year [1958 through 1963] shall not be and Conservation Service statistics were crop years in the States of North Dakota, regarded as a farm to which a wheat market­ the sum of the following: (1) The wheat Minnesota, Montana, South Dakota, ing quota is applicable for such year, even acreage allotments for all farms on though such exemption should become null and California to meet demands for and void because of a violation of the condi­ which the allotment was overseeded, ex­ Durum Wheat (Class II), but it was tions of the exemption. cept those farms on which the entire provided that such increased allotments amount of the farm marketing excess would not be taken into account in the ~ (o) Under the provisions of subsection was stored or delivered to the Secretary determination of future State, county, (d) and under the exceptions as pre­ to avoid or postpone the payment of and farm allotments. Action was taken scribed in the provisos in Public Law penalty, and none of such excess was pursuant to such subsection to increase 85-2Q3, only the allotment can be counted depleted, or the farm marketing excess as wheat acreage history on any farm was adjusted to zero because of under­ 1962- farm acreage allotments for the on which the allotment is overseeded, production; (2) the wheat base acreages production of Durum Wheat (Class ID • unless the entire amount of the market­ on all old farms on which the allotment As provided in the statute, the irfcreasea ing quota excess is stored or delivered was overseeded and on which the entire allotments for the 1962 crop in the desig­ to the Secretary to avoid or postpone the amount of the farm marketing excess nated States were not taken into accoun Tuesday, June 23, 1964 FEDERAL REGISTER 7915 in the determination of the State allot­ by the Agricultural Adjustment Act of ments to counties, is hereby apportioned ments in § 728.104. 1938, as amended. However, since sec­ among the several States as follows: (r) A preliminary adjustment for tion 201 of the Act of April 11, 1964 (78 Acreage trend was made by deducting from the Stat. 178), provided that marketing State allotment State wheat acreage history, as com­ quotas would not be in effect for the Alaska______12 puted in accordance with the preceding 1965-66 marketing year, the determina­ M a in e ______291 paragraphs, the wheat acreage history tions herein relate to loans, grants, and New Hampshire______14 for the years 1955 through 1958 for those benefits, and are therefore exempted Vermont______340 farms which have been removed from from the provisions of section 4 of the Massachusetts______172 Rhode Island______J,______102 agricultural production due to the en­ Administrative Procedure Act relating Connecticut ____ 223 croachment of urban and industrial to notice, public procédure thereon, and New York______269, 263 development. effective date. New Jersey______41, 693 (s) Further adjustments for trends (y) Since farm wheat acreage allot­ Pennsylvania______442, 812 in acreage during the applicable base ments for the 1965 crop of wheat cannot O h io ------1,264,416 period were made for each State by first be determined until the 1965 national Indiana ______933, 559 computing an average of the adjusted acreage allotment for wheat has been Illin o is ______,______1, 237, 023 proclaimed and apportioned among M ich igan______801, 600 State wheat acreage estimates for the Wisconsin ______1______28, 963 10-year period, 1954-63, and the 5-year States and counties, and since wheat M innesota______632, 805 period 1959-63, and then computing for producers need to know their 1965 farm I o w a ------:______99, 903 each State the mid-point of such 10- wheat acreage allotments as soon as Missouri ______1 ,174, 739 year and 5-year average acreage. possible in order to plan their 1965 wheat North Dakota______6, 788, 512 (t) The effect of this adjustment for seeding operations, it is hereby found South Dakota______;_____ 2, 478, 826 trend was limited by not permitting the that the proclamations and determina­ N ebrask a______:____ 2,859,072 finally determined base acreages to vary tions herein shall become effective upon Kansas ______9, 762, 655 D elaw are______-______24, 736 from the average of the 10-year period the date of the filing of this document M aryland______141, 869 (1954-63) by more than 3 per centum. with the Director, Office of the Federal Virginia ______200, 500 (u) The statistics of the Statistical Register. West Virginia______26, 588 Reporting Service, as so adjusted and North Carolina______. 241, 803 § 728.102 National marketing quota for supplemented by data compiled by the South Carolina.-__;______122,115 wheat for the 1965—66 marketing G e o rg ia ______94,204 Agricultural Stabilization and Conser­ year. vation Service, constitute the latest F lorid a______13,271 No national marketing quota shall be K e n tu c k y ______175, 049 available and most reliable statistics of T en n essee______153, 177 the Federal Government. in effect during the 1965-66 marketing year. Alabama _____ .______45,401 (v) Section 334a of the Act provides Mississippi ______45,980 discretionary authority to the Secretary § 728.103 1965 national acreage allot­ A rk an sas______63, 903 to designate any State for which a State ment for wheat. Louisiana ______33, 356 acreage allotment of 25,000 acres or less Oklahoma ______4,458, 867 is determined for 1965 as being outside An adequate supply of wheat for the T e x a s ______,______3,639, 390 marketing year 1965-66, including 685 M o n ta n a ______3, 644, 658 the commercial wheat-producing area million bushels for domestic utilization, I d a h o ______- ______i ____ 1, 068, 519 for the 1965-66 marketing year in order exports of 715 million bushels, and 600 W yom in g_____ 1______256, 297 to promote efficient administration of million bushels as a desirable carryover Colorado ______2, 394,477 the Act and of the Agricultural Act of on July 1, 1966, less imports of 5 million New Mexico _____ ,______425, 374 1949. Section 379b of the Act, providing A riz o n a ______37,181 bushels, is determined to be 1,995 million for wheat marketing allocations to U t a h ______— 266,494 bushels. The actual carryover of wheat farms, specifies that if a noncommercial N e v ad a______12, 829 July 1, 1965, is estimated at 795 million wheat-producing area is established for W a sh in g to n ______- ______1, 839, 645 bushels. Thus the amount of wheat pro­ O regon ______764, 007 any marketing year, farms in such area duction needed in 1965 is determined to Calilfornia ______373, 315 shall be given wheat marketing alloca­ be 1,200 million bushels. The 1965 crop Total Apportioned to States____ s 49,380, 000 tions which are fair and reasonable in national average yield is expected to be National Reserve______20, 000 relation to the wheat marketing allo­ Special Reserve ______100, 000 about 25.5 bushels per acre, which indi­ cations to farms in the commercial cates that 47.1 million acres will need to wheat-producing area. From the stand­ Total National Allotment_____ 49, 500, 000 be harvested in 1965 to meet production point of efficient and equitable adminis­ requirements. However, after making 1 Special reserve of not more than one mil­ tration of the marketing allocation pro­ lion acres as provided by Public Law 88-297, adjustments for small farm increases in gram for the 1965—66 marketing yéar, 78 Stat. 178. allotment, overplanting of allotment by » is considered desirable that wheat nonparticipants, wheat produced on feed § 728.105 Designation o f States outside marketing allocations be made to farms grain base under substitution privilege, the commercial wheat-producing m all States on precisely the same basis. and allowing for voluntary diversion, soil area for the 1965—66 marketing year. Therefore, no State for which a State bank acreages, and normal underplant­ acreage allotment was determined will be No State for which a State acreage ing of allotments and abandonment, the designated as outside the commercial allotment was determined is designated estimated acreage allotment which will wheat-producing area for the 1965-66 as outside the commercial wheat-produc­ marketing year. result in harvest of 47.1 million acres is ing area for the 1965-66 marketing year. determined to be 44.6 million acres. (w) The findings and determinations Accordingly, the commercial wheat pro­ Since this amount is less than the min­ ducing area for the 1965-66 marketing Secretary contained in §§ 728.102, imum allotment of 49,500,000 acres pro­ £¡8103, 728.104, and 728.105 have been year shall consist of all States in the vided by law, the national acreage allot­ United States except Hawaii. ,a5e ?n the basis of the latest available ment of wheat for the 1965 crop shall be tatistics of the Federal Government as Effective date: Upon filing with the 49,500,000 million acres. required by section 301(c) of the Act. Director, Office of the Federal Register. ^ulîlic notice was given (29 F.R. § 728.104 Apportionment o f the 1965 Issued at Washington, D.C., this 19th sm« .. Proposed actions in accord- national acreage allotment wheat day of June 1964. h section 4 of the Administra­ among the several States. t e Procedure Act (5 U.S.C. 1003), The The national acreage allotment, less a O r v ill e L . F r e e m a n , p..w5; data, and recommendations re- national reserve of twenty thousand Secretary. Pursuant to such notice were duly acres and a special reserve of one hun­ [F.R. Doc. 64-6253; Filed, June 19, 1964; sidered within the limits permitted dred thousand acres for additional allot­ 1:00 p.m.] No. 122------2 7916 RULES AND REGULATIONS

[Arndt. 7} (a) Findings upon the basis of the pursuant to the declared policy of the hearing record. Pursuant to the provi­ Act of advancing the interests of pro­ PART 730— RICE sions of the Agricultural Marketing ducers as defined in the order as herein Subpart— Rice Marketing Quota Reg­ Agreement Act of 1937, as amended (7 amended; and ulations for 1958 and Subsequent U.S.C. 601 et seq.), and the applicable (3) The issuance of the order amend­ rules of practice and procedure govern­ ing the order is approved or favored by at Crop Years ing the formulation of marketing agree­ least two-thirds of the producers who 1964 R ate o f P e n a l t y ments and marketing orders (7 CFR Part during the determined representative 900), a public hearing was held upon period were engaged in the production of The amendment herein is issued under certain proposed amendments to the milk for sale in the marketing area. and in accordance with the provisions of tentative marketing agreement and to the Agricultural Adjustment Act of 1938, Order relative to handling. It is there­ the order regulating the handling of milk fore ordered, that on and after the effec­ as amended. in the Colorado Springs-Pueblo market­ The amendment is for the purpose of tive date hereof, the handling of milk in ing area. Upon the basis of the evidence the Colorado Springs-Pueblo marketing armouncing the rate of penalty applica­ introduced at such hearing and the rec­ ble to excess rice produced in the 1964 area shall be in conformity to and in ord thereof, it is found that: compliance with the terms and condi­ crop year. (1) The said order as hereby amend­ Under the Act, the penalty rate per tions of the aforesaid order, as amended, ed, and all of the terms and conditions pound on the farm marketing excess is and as hereby further amended, as thereof, will tend to effectuate the de­ equal to 65 per centum of the parity price follows: clared policy of the Act; per pound for rice as of June 15 of the 1. Section 1135.11 is revised as follows: (2) The parity prices of milk, as de­ calendar year in which the crop is pro­ termined pursuant to section 2 of the Act, § 1135.11 Producer-handler. duced. are not reasonable in view of the price “Producer-handler” means any person Since the calculation of the penalty of feeds, available supplies 6f feeds, and who operates a dairy farm and a distrib­ rate is a mathematical determination, it other economic conditions which affect uting plant and who receives no fluid is hereby found that compliance with the market supply and demand for milk in milk products during the month from notice, procedure and effective date pro­ the said marketing area, and the mini­ dairy farmers or any other source except visions of section 4 of the Administrative mum prices, specified in the order as by transfer from a pool plant under this Procedure Act (5 U.S.C. 1003) is unnec­ hereby amended, are such prices as will order or from a pool plant pursuant to essary and this amendment shall become reflect the aforesaid factors, insure a the Eastern Colorado Federal milk order effective as provided herein. sufficient quantity of pure and whole­ (Part 1137 of this chapter). §730.972 [Amended] some milk, and be in the public interest; 2. In § 1135.22, paragraph (i) (2) is re­ Section 730.972 is amended by adding and vised as follows: (3) The said order as hereby amended, at the end thereof the following sen­ § 1135.22 Duties. regulates the handling of milk in the tence: “The rate of penalty applicable * * * * * to the 1964 crop of rice shall be 4.12 cents same manner as, and is applicable only to persons in the respective classes of in­ (1) * * * per pound, which is 65 per centum of the (2) On or before the sixth day of each parity price per pound of rice as of June dustrial or commercial activity specified in, a marketing agreement upon which month, the Class II and Class in prices 15, 1964, which is determined to be 6.35 and the Class n and Class m butterfat cents per pound.” a hearing has been held. (b) Additional findings.- (1) It is differentials for the preceding month (Secs. 356, 375, 52 Stat. 62, as amended; 66, necessary in the public interest to makè computed pursuant to §§ 1135.51 (b) as amended; 7 U.S.C. 1356,1375) this order amending the order effective and (c) and 1135.53 (b) and (c), re­ Effective date: 30 days after publica­ not later than July 1, 1964. Any delay spectively; and ***** tion in the F ederal R eg ist e r . beyond that date would tend to disrupt the orderly marketing of milk in the 3. In § 1135.41, paragraphs (a) (1) (ii) Signed at Washington, D.C., on June marketing area. and (2) and (b) are revised and a new 18,1964. (2) The provisions of the said orderparagraph (c) is added as follows: H . D. G o d f r e y , are known to handlers. The recom­ Administrator, Agricultural § 1135.41 Classes of utilization. mended decision of the Deputy Admin­ Stabilization and Conservation Service. - * * * * * istrator, Agricultural Marketing Service, (a) * * * [F.R. Doc. 64-6230; Filed, June 22, 1964; was issued May 21,1964, and the decision * * * 8:52 a.m.] of the Assistant Secretary containing all (ii) As classified pursuant to para­ amendment provisions of this order, was graph (c) (2), (3) and (5) of this sec­ issued June 8, 1964. The changes ef­ Chapter X— Agricultural Marketing tion; or fected by this order will not require ex­ (2) Not specifically accounted for as Service (Marketing Agreements and tensive preparation or substantial alter­ Class n or as Class n i. ation in method of operation for han­ Orders; Milk), Department of Agri­ (b) Class I I milk. Class II milk culture dlers. In view of the foregoing, it is shall be all skim milk and butterfat hereby found and determined that good [Milk Order 136] used to produce cottage cheese ex­ cause exists for making this order cept as classified pursuant to paragraph amending the order effective July 1,1964, PART 1135— MILK IN COLORADO (e) (2) and (3) of this section. SPRIN GS-PU EBLO MARKETING and that it would be contrary to the pub­ (c) Class III milk. C lass H I milk shall lic interest to delay the effective date of AREA be all skim milk and butterfat: this order for 30 days after its publica­ (1) Used to produce any product other Order Amending Order tion in the F ederal R egister. (Sec. 4(c) than a fluid milk product or a Class II Administrative Procedure Act, 5 U.S.C. §1135.0 Findings and determination». product; " 1001- 1011) (2) Disposed of as livestock feed; The findings and determinations here­ (c) Determinations. It is hereby de­ (3) The skim milk portion of fluia inafter set forth are supplementary and termined that: milk products or cottage cheese dumped in addition to the findings and determi­ (1) The refusal or failure of handlers after prior notification to and opportu­ nations previously made in connection (excluding cooperative associations spec­ nity for verification by the market au- with the issuance of the aforesaid or­ ified in section 8c(9) of the Act) of more dstrator* der and of the previously issued amend­ than 50 percent of the milk, which is 1) The weight of skim milk in fluid ments thereto; and all of said, previous marketed within the marketing area, to i products which is excepted from findings and determinations are hereby sign a proposed marketing agreement, ss I milk pursuant to paragrap ratified and affirmed, except insofar as tends to prevent the effectuation of the (1) (i) of this section; , . such findings and determinations may declared policy of the Act ; Disposed of in fluid milk Pruduc a ■ __._ a o 1 T OOQ be in conflict with the findings and de­ (2) The issuance of this order, amend­ \nl!r fnrrn f n terminations set forth herein. ing the order, is the only practical means Tuesday, June 23, 1964 FEDERAL REGISTER 7917 products prepared for consumption off eral order. If higher priced utilization as Class I milk, the prices computed pur­ the premises; exceeds such receipts, the skim milk and suant to § 1135.51(a) shall be reduced (6) In inventory of fluid milk prod­ butterfat so moved shall be allocated to by 10 cents; and ucts on hand at the end of the month; the highest use remaining after subtract­ (c) For the purpose of calculating (7) In shrinkage of skim milk and ing such receipts from dairy farmers, in such differentials, transfers between pool butterfat, respectively, not to exceed the series beginning with Class I milk. When plants shall be assigned to Class I milk following: transfers or diversions are made during in a volume not in excess of that by (i) Two percent of receipts of pro­ the month to such nonpool plant from which Class I disposition at the trans­ ducer milk received at a pool plant di­ other pool plants or from plants fully feree plant exceeds the receipts from rectly from producers; plus subject to other Federal orders issued producers at such plant, such assignment (ii) 1.5 percent of receipts from a co­ pursuant to the Act, the skim milk and to transferor plants to be made first to operative association in its capacity as butterfat so assigned at the pool plant plants at which no differential credit is a handler pursuant to § 1135.9(d), except shall not be less than that obtained by applicable and then in sequence begin­ that if the handler operating the pool prorating the assignable milk at the ning with the plant at which the lowest plant flies with the market administra­ transferee plant over all such receipts at location differential credit would apply. the nonpool plant; and tor notice that he is purchasing such 11. in § 1135.53, a new paragraph (c) milk on the basis of farm weights deter­ * * * * * is added as follows: mined by farm bulk tank calibrations and §1135.45 [Amended] butterfat tests determined from farm § 1135.53 Butterfat differentials to han- tank samples, the applicable percentage 6. In § 1135.45, the term “Class I milk .. dlers. shall be two percent; plus and Class II milk” is changed to “each * * * * * class”. (iii) 1.5 percent of receipts in bulk (c) Class III milk. Multiply the but­ tank lots from other pool plants; less § 1135.46 [Am ended] ter price specified in § 1135.50 by 1.20 (iv) 1.5 percent of disposition in bulk and divide the result by 10. tank lots to other milk plants; and plus 7. In § 1135.46, paragraph (a) (3), (v) 0.5 percent of receipts of producer (4), (5), (6), (7), (8), (9) and (10), 12. Section 1135.61 is revised as fol­ milk by a cooperative association which the term “Class II ” is changed to “Class lows: is the handler pursuant to § 1135.9(d), nr. unless the exception provided in subdivi­ 8. In § 1135.46, paragraph (a) (1) and §1135.61 Exempt plants. (13) is revised as follows: sion (ii) of this subparagraph applies; The provisions of this part shall not and § 1135.46 Allocation o f skim milk and apply With respect to the operation of (8) In shrinkage allocated to receipts butterfat classified, any plant specified in paragraphs (a ), of other source milk. * * * * * (b ), (c) or (d) of this section except § 1135.42 [Am ended] (a) * * * that the operator shall, with respect to (1) Subtract from the total poundstotal receipts of skim milk and butterfat 4. In § 1135.42(b) (1), the reference of skim milk in Class III the pounds of at such plant, make reports to the mar­ “§ 1135.41(b) (7 )” is changed to “§ 1135.- skim milk classified pursuant to ket administrator at such time and in 41(c)(7)”. § 1135.41(c) (7 ); such manner as the market administra­ 5, In § 1135.44, paragraphs, (a) (1) and ***** tor may require and allow verification of (e) (1) and (3) are revised as follows: such reports by the market administra­ (13) If the remaining pounds of skim § 1135.44 Transfers. tor. milk in all classes exceed the pounds of (a) Any distributing plant from which skim milk in producer milk, subtract less than an average of 300 pounds of (a) * * * such excess from the remaining pounds Class I milk per day is disposed of on (1) The transferee and transferor of skim milk in each class, in series be­ routes in the marketing area during the handlers claim utilization in another ginning with Class III. Any amount so month. class in their reports submitted pur­ substracted shall be known as “overage”. (b) A plant meeting the requirements suant to § 1135.30: Provided, That the * * * * * of § 1135.7(a) which also meets the pool­ transferee plant has utilization in Class 9. In § 1135.51, paragraph (b) is re­ ing requirements of another Federal II or Class i n of an equivalent amount vised and a new paragraph (c) is added order and from which, the Secretary of skim milk and butterfat, respectively, as follows: determines, a greater quantity of Class remaining after the allocation made pur­ I milk is disposed of during the month , § 1135.51 Class prices. suant to § 1135.46(a) (10) and the cor­ on routes in such other Federal order responding step of § 1135.46(b) and any * * * * * marketing area than was disposed of on additional amount of such skim milk or (b) Class I I milk. The basic formula routes in this marketing area, except butterfat shall be assigned to Class I: price for the month plus 15 cents; and that if such plant were subject to all the And provided further, That if either or (c) Class III milk. The basic formula provisions of this part in the immediately both plants have received other source price for the month. preceding month, it shall continue to be milk, the skim milk and butterfat so 10. Section 1135.52 is revised as subject to all the provisions of this part transferred shall be classified so as to follows: until the third consecutive month in allocate to producer milk the greatest which a .greater proportion of its Class possible total Class I utilization at both § 1135.52 Location differentials to han­ I disposition is made in such other mar­ Pool plants exclusive of Class I other dlers. keting area unless, notwithstanding the source milk assigned pursuant to § 1135.- (a) For milk which is received from provisions of this paragraph, it is regu­ 46(a)(2) and the corresponding step of producers at a plant Jexcept a plant lated under such other order. § 1135.46(b); located in Otero County, Colorado) lo­ (c) A plant meeting the requirements * * * * $ cated more than 170 miles by the shortest of § 1135.7(a) which also meets the pool­ (e) * * * highway distance, as determined by the ing requirements of another Federal order on the basis of distribution in Such (1) The transferring or diverting han­ market administrator, from the El Paso other marketing area and from which, dler claims classification in another class County Courthouse in Colorado Springs, the Secretary determines, a greater in his report submitted pursuant to and which is classified as Class I milk § 1135.30; the prices computed pursuant to § 1135.- quantity of Class I milk is disposed of 51(a) shall be reduced by 27 cents if during the month on routes in this mar­ ***** such plant is located more than 170 miles keting area than is so disposed of in such . (3) Utilization in the nonpool plant but not more than 180 miles from such other marketing area but which plant is, m higher priced uses than that claimed courthouse and by an additional 1.5 cents nevertheless, fully regulated under such by the transferring handler does not for each 10 miles or fraction thereof that other Federal order; and exceed the receipts of skim milk and such distance exceeds 180 miles; (d) A plant meeting the requirements butterfat in milk received during the (b) For milk which is received from of § 1135.7(b) which also meets the pool­ month from dairy farmers who deliver producers at a plant located in Otero ing requirements of another Federal wade A milk not priced under any Fed­ County, Colorado, and which is classified order and from which greater qualifying 7918 RULES AND REGULATIONS shipments are made during the month in addition to the findings and deter­ (1) The refusal or failure of handlers to plants regulated under such other minations previously made in connection (excluding cooperative associations order than are made to plants regulated with the issuance of the aforesaid order specified in section 8c (9) of the Act) of under this part. and of the previously issued amendments more than 50 percent of the milk, which thereto; and all of said previous find­ is marketed within the marketing area, 13. In § 1135.70, paragraph (c) is re­ ings and determinations are hereby rati­ to sign a proposed marketing agreement, vised as follows: fied and affirmed, except insofar as such tends to prevent the effectuation of the § 1135.70 Computation o f the value o f findings and determinations may be in declared policy of the Act; producer milk for each handler. conflict with the findings and determina­ (2) The issuance of this order, amend­ * * * * * tions set forth herein. ing the order, is the only practical means (c) Add the amounts computed under (a) Findings upon the basis of the pursuant to the declared policy of the subparagraphs (1) and (2) of this para­ hearing record. Pursuant to the pro­ Act of advancing the interests of pro­ graph: visions of the Agricultural Marketing ducers as defined in the order as herein amended; and (1) Multiply the difference between Agreement Act of 1937, as amended (7 the value of the appropriate Class III U.S.C. 601 et seq.), and the applicable (3) The issuance of the order amend­ price for the preceding month and the rules of practice and procedure govern­ ing the order is approved or favored by ing the formulation of marketing agree­ at least two-thirds of the producers who appropriate Class I price for the current ments and marketing orders (7 CFR Part month by the hundredweight of skim during the determined representative pe­ riod were engaged in the production of milk and butterfat subtracted from 900), a public hearing was held upon certain proposed amendments to the ten­ milk for sale in the marketing area. Class I pursuant to § 1135.46(a) (9) and tative marketing agreement and to the the corresponding step in § 1135.46(b) Order relative to handling. It is there­ order regulating the handling of milk that is in excess of volumes subtracted in fore ordered that on and after the ef­ in the Eastern Colorado marketing area. the preceding month pursuant to § 1135.- fective date hereof, the handling of milk Upon the basis of the evidence intro­ 46(a) (8) and the corresponding step in in the Eastern Colorado marketing area duced at such hearing and the record § 1135.46(b): and shall be in conformity to and in com­ thereof, it is found that: (2) Multiply the difference between pliance with the terms and conditions of ( 1 ) The said order as hereby amended, the value of the appropriate Class m the aforesaid order, as amended, and as and all of the terms and conditions price for the preceding month and the hereby further amended, as follows: thereof, will tend to effectuate the de­ 1. In § 1137.7, paragraph (a) is re­ appropriate Class II price for the current clared policy of the Act; month by the hundredweight of skim vised as follows: (2) The parity prices of milk, as de­ milk and butterfat subtracted from termined pursuant to section 2 of the § 1137.7 Pool plant. Class II pursuant to § 1135.46(a)(9) and Act, are not reasonable in view of the * * ** * * the corresponding step in § 1135.46(b) price of feeds, available supplies of feeds, (a) Any plant, hereinafter referred to that is in excess of vplumes subtracted and other economic conditions which af­ in the preceding month pursuant to as a “distributing pool plant”, in which fect market supply and demand for milk during the month fluid milk products are § 1135.46(a) (8) and the corresponding in the said marketing area, and the step in § 1135.46(b). processed and packaged and from which minimum prices specified in the order (1) an amount equal to 50 percent or § 1135.80 [Am ended] as hereby amended, are such prices as more of the total receipts of Grade A will reflect the aforesaid factors, insure 14. In § 1135.80(a) and (e )(1 ), the milk (except receipts from distributing a sufficient quantity of pure and whole­ term “Class I I ” is changed to “Class i n ”. pool plants) is disposed of as fluid milk some milk, and be in the public interest; 15. Section 1135.81 is revised as products on routes, and (2) 20 percent and follows: or more of such disposition is on routes (3) The said order as hereby amended, in the marketing area; and § 1135.81 Location differential to pro­ regulates the handling of milk in the ducers. same manner as, and is applicable only * ■, * * * * 2. Section 1137.10 is revised as follows: In making payments to producers or to persons in the respective classes of industrial or commercial activity speci­ cooperative associations pursuant to § 1137.10 Producer. § 1135.80, a handler may deduct with fied in, a marketing agreement upon respect to milk received from producers Which a hearing has been held. “Producer” means any person, other the rate per hundredweight applicable (b) Additional findings. (1) It is nec­ than a producer-handler or a dairy pursuant to § 1135.52 (a) or (b) for the essary in the public interest to make this farmer with respect to milk which quali­ location of the plant at which the milk order amending the order effective not fies as producer milk under another Fed­ later than July 1, 1964. Any delay be­ was received. eral order issued pursuant to the Act, yond that date would tend to disrupt the who produces milk eligible for distribu­ § 1135.82 [Am ended] orderly marketing of milk in the mar­ tion as Grade A milk in compliance with 16. In§ 1135.82, the reference “§1135.- keting area. the fluid milk product requirements of 53 (a) and (b ),” is changed to “§ 1135.53 (2) The provisions of the said order a duly constituted health authority, (a ), (b) and (c),”. are known to handlers. The recom­ whose milk is: mended decision of the Deputy Adminis­ (a) Received at a pool plant; or (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. trator, Agricultural Marketing Service, 601-674) . (b ) Diverted from a distributing pool was issued May 21, 1964, and the deci­ plant to a nonpool plant for the account Effective date: July 1,1964. sion of the Assistant Secretary con­ of the handler operating the p ool plant Signed at Washington, D.C., on June taining all .amendment provisions of this or of a cooperative association acting as order, was issued June 8, 1964. The 18, 1964. a handler pursuant to § 1137.9(c), sub­ changes effected by this order will not G eorge L. M e h r e n , ject to the following conditions: Assistant Secretary. require extensive preparation or sub­ (1) A cooperative association may di­ stantial alteration in method of opera­ vert for its account the milk of any [F.R. Doc. 64r-6233; Filed, June 22, 1964; tion for handlers. In view of the fore­ received 8:52 a~m.] member-producer whose milk is going, it is hereby found and determined at a distributing pool plant for at least that good cause exists for making this three days during the month, without [Milk Order 137] order amending the order effective July limit during the other days of SU"J 1, 1964, and that it would be contrary to month. However, the total quantity oi PART 1137— MILK IN EASTERN the public interest to delay the effective milk so diverted may not exceed 30 per­ COLORADO MARKETING AREA date of this order for 30 days after its cent in the months of March, April, May, Order Amending Order publication in the F ederal^ R eg iste r . June, July and December and 20 percent (Sec. 4(c), Administrative Procedure in other months of its member-producer § 1137.0 Findings and determinations. Act, 5 U.S.C. 1001-1011.) m ilk received at all distributing P° The findings and determinations here­ (c) Determinations. It is hereby de­ plants during the month. Diversions ______vt + nrroc aHftll nOt be inafter set forth are supplementary and termined that: Tuesday, June 23, 1964 FEDERAL REGISTER 7919 considered producer milk, and the di­ (1) * * * (ii) 1.5 percent of receipts from a co­ verting cooperative shall specify the (1) * * * operative association in its capacity as a dairy farmers whose milk is ineligible as (2) On or before the sixth day of each handler pursuant to § 1137.9(d), except producer milk. month, the Class n and Class IH prices that if the handler operating the pool (2) A handler in his capacity as the and the Class H and Class III butterfat plant files with the market administra­ operator of a distributing pool plant may differentials for the preceding month tor notice that he is purchasing such divert for his account the milk of any computed pursuant to §§ 1137.51 (b) and milk on the basis of farm weights deter­ producer, other than a member of a co­ (c) and 1137.53 (b) and (c), respectively; mined by farm bulk tank calibrations operative association which has diverted and and butterfat tests determined from milk pursuant to subparagraph (1) of (3) On or before the 12th day of each farm bulk tank samples, the applicable this paragraph, whose milk is received month, the uniform price for producer percentage shall be two percent; plus at his distributing pool plant for at least milk computed pursuant to § 1137.71, and (iii) 1.5 percent of receipts in bulk three days during the month, without the butterfat differential computed pur­ tank lots from other pool plants; less limit during the other days of such suant to § 1137.82, for the preceding (iv) 1.5 percent of disposition in bulk month. However, the total quantity of month; tank lots to other milk plants; and plus milk so diverted may not exceed 30 per­ ♦ * * * * (v) 0.5 percent of receipts of pro­ cent in the months of March, April, May, 6. In § 1137.30, the introductory text ducer milk by a cooperative association June, July and December and 20 percent preceding paragraph (a) is revised as which is the handler pursuant to § 1137.9 in other months of the milk received at follows: (d) unless the exception provided in such distributing pool plant during the § 1137.41(c) (7) (ii) applies; and month from producers who are not mem­ § 1137.30 Reports of receipts and utili­ (8) In shrinkage allocated to receipts bers of a cooperative association which zation. of other source milk. has diverted milk pursuant to subpara­ On or before the seventh day after the § 1137.42 [Am ended] graph (1) of this paragraph. Diversions end of each month each handler, except in excess of such percentages shall not a producer-handler or a handler making 8. In § 1137.42(b), the reference be considered producer milk, and the di­ payments pursuant to § 1137.62(b), shall “§ 1137.41(b) (7) ” is changed to “§ 1137.- verting handler shall specify the dairy report for each of his plants to the mar­ 4 1 (c )(7 )”. farmers whose milk is ineligible as pro­ ket administrator in the detail and on 9. Section 1137.44 is revised as follows: ducer milk. forms prescribed by the market admin­ § 1137.44 Transfers. (3) For the purposes of the require­ istrator as follows; Skim milk and butterfat disposed of by ments of § 1137.7, milk diverted for the * * * * * account of the operator of a distributing a handler, either by transfers or diver­ pool plant except an operator which is 7. In § 1137.41, paragraphs (a) (1) (ii) sions, shall be classified as follows: also a cooperative association diverting and (2) and (b) are revised and a new (a) As Class I milk if transferred in milk in the same month pursuant to sub- paragraph (c) is added as follows: the form of fluid milk products to a pool plant unless: paragraph (1) of this paragraph shall §1137.41 Classes o f utilization. be included in the receipts of the pool (1) The transferee and transferor ***** plant from which diverted; handlers claim utilization in another (a) * * * class in their reports submitted pursuant . (4) For purposes of location adjust­ ( j\ * * * ments pursuant to §§ 1137.52 and 1137.81, to § 1137.30; milk diverted to a nonpool plant shall be (ii) As classified pursuant to para­ (2) The transferee plant has utiliza­ considered to have been received at the graph (c) (2), (3) and (5) of this sec­ tion in such class of an equivalent location of the nonpool plant to which tion; or amount of skim milk and butterfat, re­ diverted. (2) Not specifically accounted for asspectively, remaining after the allocation Class n or as Class HI. pursuant to § 1137.46(a) (1) through (7) 3. Section 1137.14 is revised as follows: (b) Class I I milk. Class II milk shall and the corresponding steps of § 1137.46 § 1137.14 Fluid milk product. be all skim milk and butterfat used to ( b ) ; produce cottage cheese except as classi­ (3) The classification of the skim “Fluid milk product” means milk, fied pursuant to paragraph (c) (2) and milk or butterfat so transferred shall be skim milk, buttermilk, flavored milk, (3) of this section. classified so as to allocate to producer flavored milk drinks, concentrated milk, (c) Class III milk. Class III milk shall milk the highest value use classification reconstituted milk or skim milk, fortified be all skim milk and butterfat: of the producer milk of both handlers; milk or skim milk (including “diet” (1) Used to produce any product other and foods), cream (sweet or sour), half and than a fluid milk product or a Class II (4) If a specified utilization is not [naif, or any mixture in fluid form of milk product; claimed by both handlers, subject to or skim milk and cream (except ice cream (2) In fluid milk products or cottage subparagraphs (2) and (3) of this para­ mix, frozen dessert mix, aerated cream, cheese disposed of in bulk form for live­ graph, skim milk and butterfat trans­ frozen cream, plastic cream, eggnog, stock feed; ferred to the pool plant of another han­ cultured sour mixtures to which cheese (3) In the skim milk portion of fluid dler by a cooperative association which or any food substance other than a milk milk products or cottage cheese dumped is the handler of such milk pursuant to product has been added in an amount n after prior notification to and oppor­ § 1137.9(d) shall be classified pro rata to less than, three percent by weight of t tunity for verification by the market the respective amounts thereof remain­ miished product), which are neitb administrator; ing in each class for such month in the sterilized on in hermetically sealed co tamers. (4) The weight of skim milk in fluid pool plant of the transferee handler after milk products which is excepted from the computation pursuant to § 1137.46 4. Section 1137.15 is revised as follows:Class I milk pursuant to paragraph (a) (a) (8) and the corresponding step of (1) (i) of this section; § 1137.46(b) ; § 1137.15 Route. (5) Disposed of in fluid milk products (b) As Class I milk if transferred to Route” means any delivery to retail in bulk form to any commercial food a producer-handler in the form of a or wholesale outlets (including a delivery processing establishment for use in food fluid milk product! y a vendor or a sale from a plant or products prepared for consumption off (c) As Class I if transferred or di­ Plant store) of any fluid milk product, the premises; verted in bulk lots in the form of a fluid tner than a delivery to a pool plant (6) In inventory of fluid milk products milk product to a nonpool plant except or nonpool plant. on hand at the end of the month; as provided in paragraph (d) of this (7) In shrinkage of skim milk and section, unless the following conditions 'J'M § H37.22, paragraph (i) (2) and butterfat, respectively, not to exceed are met: is revised as follows: the following: (1) The operator of the nonpool plant § 1137.22 Duties. (i) Two percent of receipts of pro­maintains books and records showing the ducer milk described in § 1137.12(a) ***** utilization of the skim milk and butter­ (1 ); plus fat at such plant, which are made avail- 7920 RULES AND REGULATIONS able if requested by the market admin­ (10) If the remaining pounds of skimplants regulated under such other order istrator for the purpose of verification; milk in all classes exceed the pounds of than are made to plants regulated under (2) The handler claims classification skim milk contained in milk received this part. of such skim milk or butterfat in another from producers, subtract such excess § 1137.62 [Am ended] class in his. report pursuant to § 1137.30; from the remaining pounds of skim milk (3) Utilization in the nonpool plant in in series beginning with Class III. Any 15. In § 1137.62(b) (1), the term “Class higher priced uses than that claimed by amount so subtracted shall be known as II” is changed to “Class III”. the transferring handler does not exceed “overage”. 16. In § 1137.70, paragraphs (c) and the receipts of skim milk and butterfat * * * * * (d) (1) are revised as follows: in milk received during the month from 12. In § 1137.51, paragraph (b) is re­ § 1137.70 Computation o f the value of dairy farmers who deliver Grade A milk vised and a new paragraph (c) is added milk for each handler. not priced under any Federal order who as follows: ***** the market administrator determines constitute its regular source of supply. § 1137.51 Class prices. (c) Add the amount computed under If higher priced utilization exceeds such * * * * * subparagraphs (1) and (2) of this paragraph: receipts, the skim milk and butterfat so (b) Class II milk. The basic formula (1) Multiply the difference between moved shall be allocated to the highest price for the month plus 15 cents; and the appropriate Class III price for the use remaining after subtracting such (c) Class III milk. The basic formula preceding month and the appropriate receipts from dairy farmers, in series be­ price for the month. ginning with Class I milk. When trans­ Class I price for the current month by fers or diversions are made during the 13. In § 1137.53, a new paragraph (c) the hundredweight of skim milk and month to such nonpool plant from other is added as follows: butterfat remaining in Class H I milk pool plants or from plants fully subject to § 1137.53 B .u tte rfa t differentials to after the calculations pursuant to other Federal orders issued pursuant to handlers. § 1137.46(a) (6) and the corresponding the Act, the skim milk and butterfat so * * * * * step of § 1137.46(b) for the preceding assigned at the pool plant shall not be month, or the pounds of skim milk and (e) Class III milk. Multiply the but­ less than that obtained by prorating butterfat subtracted from Class I pur­ ter price specified in § 1137.50 by 1.20 the assignable milk at the transferee suant to § 1137.46(a) (6) and the cor­ and divide the result by 10. plant over all such receipts at the non­ responding step of § 1137.46(b) for the pool plant; and 14. Section 1137.61 is revised as current month, whichever is less; and (4) If any skim milk or butterfat is follows: (2) Multiply the difference between transferred to a second nonpool plant the appropriate Class III price for the § 1137.61 Plants subject to another Fed­ preceding month and the appropriate under this paragraph, the same condi­ eral order. tions of audit, classification and alloca­ Class II price for the current month by tion shall apply; The provisions of this part shall not the hundredweight of skim milk and (d) As Class I if transferred in theapply with respect to the operation of butterfat remaining in Class III milk form of cream to a nonpool plant unless any plant specified in paragraph ( a ) , (b) after the calculations pursuant to the following conditions are met: or (c) of this section except that the § 1137.46(a) (6) and the corresponding (1) The handler claims classification operator shall, with respect to total re­ step of § 1137.46(b) for the preceding of such cream in Class III in his report ceipts of skim milk and butterfat at such month, less that subtracted from Class pursuant!» § 1137.30; plant, make reports to the market ad­ I pursuant to § 1137.46(a) (6) and the (2) The handler tags the container of ministrator at such time and in such corresponding step of § 1137.46(b), or such cream as for manufacturing pur­ manner as the market administrator may the pounds of skim milk and butterfat subtracted from Class II milk pursuant poses; and require and allow verification 'of such (3) The handler gives the market ad­ reports by the market administrator. to § 1137.46(a) (6) and the corresponding ministrator sufficient notice to allow him (a) A plant meeting the requirements step of § 1137.46(b) for the current to verify the shipment. of § 1137.7(a) which also meets the pool­ month, whichever is less; and ing requirements of another Federal (d) * * * § 1137.46 [Am ended] order and from which, the Secretary de­ (1) Multiply the hundredweight of 10. In § 1137.46(a) (3), (4), (5), (6) termines, a greater quantity of Class I skim and butterfat subtracted from Class and (7), the term “Class IE” is changed to milk is disposed of during the month on I milk pursuant to § 1137.46(a) (3) and “Class III”. routes in such other Federal order mar­ the corresponding step of § 1137.46(b) by 11. In § 1137.46, paragraph (a) (1), keting area than was disposed of on the difference between the Class III price (8), (9) and (10) is revised as follows: routes in this marketing area, except that and the Class I price for the current - if such plant was subject to all the pro­ month adjusted by the applicable butter­ § 1137.46 Allocation o f skim milk and visions of this part in the immediately fat differentials. butterfat classified. preceding month, it shall continue to be § 1137.71 [Am ended] * * * * * subject to all the provisions of this part 17. In §1137.71 (a ), the reference (a) * * * until the third consecutive month in (1) Subtract from the total pounds of which a greater proportion of its Class “ §1137.80” is changed to “ §§ 1137.80 and skim milk in Class III the pounds of I disposition is made in such other mar­ 1137.84”. keting area unless, notwithstanding the skim milk in shrinkage of skim milk § 1137.72 [Am ended] classified as Class m pursuant to provisions of this paragraph, it is regu­ § 1137.41(c) (7 ); lated under such other order; 18. In § 1137.72 in the introductory (b) A plant meeting the requirements paragraph preceding paragraph (a ), the * * * * * of § 1137.7(a) which also meets the pool­ date “11th” is changed to “12th”. (8) Subtract from the pounds of skim ing requirements of another Federal milk remaining in each class the pounds order on the basis of distribution in such § 1137.80 [Amended] of skim milk received from othei; pool other marketing area and from which, 19. In § 1137.80(a) and (e) (1>» plants or from a cooperative association the Secretary determines, a greater term “Class II” is changed to Class in its capacity as a handler pursuant to quantity of Class I milk is disposed of m ”, and in § 1137.80(e)(2), the refer­ § 1137.9(d) according to its classification during the month on routes in this mar­ ence “ § 1137.44(e)” is . changed to as determined pursuant to § 1137.44(a) keting area than is so disposed of in “§ 1137.44(a)”. (1), (2) and (3); such other marketing area but which § 1137.82 [Am ended] (9) Suhtract from the pounds of skim plant is, nevertheless, fully regulated milk remaining in each class the pounds under such other Federal order; and 20. In § 1137.82, the reference ‘‘para § 1137.52,” is of skim milk received from a cooperative (c) A plant meeting the requirements graphs (a) and (b) of (a), (b) and association in its capacity as a handler of § 1137.7(b) which also meets the pool­ changed to “paragraphs pursuant to § 1137.9(d) according to its ing requirements of another Federal (c) of § 1137.53,”. . . as classification as determined pursuant to order and from which greater qualifying 21. Section 1137.86 is revised § 1137.44(a) (4 ); and shipments are made during the month to follows: Tuesdayy June 23, 1964 FEDERAL REGISTER 7921

§ 1137.86 Adjustment o f accounts. and sections 1 through 4 of the Act of March 3, 1905, as amended (21 U.S.C. (a) Whenever audit by the market ad­ Title 14— AERONAUTICS AND 111-113, 115, 117, 120, 121, 123-126), ministrator of any handler’s reports, §§ 74.2 and 74.3 of Part 74, Subchapter books, records, or accounts or other veri­ SPACE C, Chapter I, Title 9, Code of Federal fication discloses errors resulting in Regulations, as amended (29 F.R. 5313, Chapter I— Federal Aviation Agency monies due a producer or the market 6150, 7236), are hereby further amended administrator from such handler or due SUBCHAPTER E— AIRSPACE [NEW] in the following respects: such handler from the market adminis­ [Airspace Docket No. 64-CE-7] 1. Subparagraph (4) of § 74.2(a) is trator, the market administrator shall hereby deleted and subparagraph (1) is promptly notify such handler of any pa rt 71— DESIGNATION OF FEDERAL hereby amended to read: amount so due and payment thereof AIRWAYS, CONTROLLED AIRSPACE, shall be made on or before the next date § 74.2 Designation o f free and infected AND REPORTING POINTS [NEW] for making payments as set forth in the areas. Alteration of Federal Airway provisions under which such error (a) * * * occurred. (1) Alabama, Alaska, Arizona, Arkan­ On March 28,1964, a notice of proposed (b) Any unpaid obligation of a han­ sas, California, Colorado, Connecticut, rule making was published in the F ederal dler pursuant to § 1137.84 or paragraph Delaware, District of Columbia, Florida, R egister (29 F.R. 4099) stating that the (a) of this section relative to payments Georgia, Hawaii, Idaho, Louisiana, Federal Aviation Agency (FAA) proposed to the producer-settlement fund shall Maine, Maryland, Massachusetts, Michi­ to redesignate VOR Federal airway No. be increased one-half of one percent on gan, Minnesota, Mississippi, Montana, 169 segment from Chadron, Nebr., to the first day of the month next following Nevada, New Hampshire, New Jersey, Rapid City, S. Dak. the due date of such obligation and on New York, North Carolina, North Dakota, Interested persons were afforded an the first day of each month thereafter Oklahoma, Oregon, Puerto Rico, Rhode opportunity to participate in the rule until such obligation is paid. Island, South Carolina, South Dakota, making through submission of comments. 22. Section 1137.88 is revised as Texas, Utah, Vermont, Virgin Islands of All comments received were favorable. follows: ’ the United States, Virginia, Washington, Although not mentioned in the notice, Wisconsin, and Wyoming; the Smithwick, S. Dak., Domestic low § 1137.88 Expense o f administration. ♦ * * * * altitude reporting point which is asso­ As his pro rata share of the expense § 74.3 [Am ended] ciated with the segment of V-169 which of the administration hereof, each was proposed for alteration is no longer 2. Subparagraph (4) of § 74.3(a) is required for air traffic control purposes. handler shall pay the market adminis­ hereby deleted. trator, on or before the 13th day after Accordingly, action is taken herein to the end of each month, four cents per (Secs. 4-7, 23 Stat. 32, as amended, secs. 1, 2, revoke the Smithwick reporting point. 32 Stat. 791-792, as amended, secs. 1-4, 33 hundredweight, or such lesser amount Since this action is minor in nature Stat. 1264, as amended, 1265, as amended; and will impose no additional burden on as the Secretary may prescribe, with re­ 21 U.S.C. 111-113, 115, 117, 120, 121, 123-126; spect to (a) all milk received from pro­ 19 F.R. 74, as amended) any person, notice and public procedure ducers during such month, including hereon are unnecessary. such handler’s own-farm production, (b) Effective date. The foregoing amend­ The substance of the proposed amend­ other source milk received at a pool ments shall become effective upon ment having been published and for the plant and allocated to Class I, and issuance. reasons stated herein and in the notice, (c) the quantities of milk at the The amendments add the Counties of the following actions are taken: plants of handlers operating nonpool Lincoln and Rock in the State of Minne­ 1. Section 71.123 (29 F.R. 1009, 3356, plants as specified in § 1137.62(a) (2) or sota to the list of free areas and delete 6529) is amended as follows: In V-169 (b) (2): Provided, That there shall be no such Counties from the infected and “Smithwick, S. Dak.;” is deleted. administrative assessment charged on eradication areas as sheep scabies is no 2. In § 71.203 (29 F.R. 1211) delete milk for which an administrative as­ longer known to exist in these Counties. “Smithwick, S. Dak.” sessment was paid pursuant to the terms The entire State of Minnesota has now These amendments shall become effec­ of another Federal order issued pursu­ been designated as a free area. Here­ tive 0001 e.s.t., August 20,1964. ant to the Act. • after, the restrictions pertaining to the (Sec. 307(a), 72 Stat. 749; 49 U.S.C. 1348) (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C.' interstate movement of sheep from or 601-674) into infected and eradication areas, as Issued in Washington, D.C., on June 15, 1964. Effective date: July 1, 1964. contained in 9 CFR Part 74, as amended, will not apply to Lincoln and Rock Coun­ D a n ie l E. B a r r o w , Signed at Washington, D.C., on June ties in Minnesota. However, the restric­ Acting Chief, Airspace Regulations, 18,1964. tions in said Part 74 pertaining to the and Procedures Division. G eorge L. M e h r e n , interstate movement of sheep from or [F.R. Doc. 64-^6168; Filed, June 22, 1964; Assistant Secretary. into free areas will apply to such Coun­ 8:45 a.m.J ties and State. (F.R. Doc. 64-6235; Filed, June 22, 1964; 8:52 a.m.] The amendments relieve certain re­ strictions presently imposed and must be [Airspace Docket No. 64-SO-l 1} made effective immediately to be of maxi­ mum benefit to persons subject to the pa r t 71— designation o f f e d ­ Title 9— ANIMALS AND restrictions which are relieved. Accord­ er a l AIRWAYS, CONTROLLED AIR­ ingly, under section 4 of the Adminis­ SPACE, AND REPORTING POINTS ANIMAL PRODUCTS trative Procedure Act (5 U.S.C. 1003), it [NEW] is found upon good cause that notice and Chapter I— Agricultural Research other public procedure with respect to Alteration of Control Area and I Service, Department of Agriculture the amendments are impracticable and Reporting Point contrary to the public interest, and the SUBCHAPTER C— INTERSTATE TRANSPORTATION amendments may be made effective less The purpose of these amendments to OF ANIMALS AND POULTRY than 30 days after publication in the Part 71 [New] of the Federal Aviation PART 74— SCABIES IN SHEEP F ederal R e g ist e r . regulations is to make editorial changes to the description of Control 1232 and Designation of Free, Infected, and Done at Washington, D.C., this 18th day of June 1964. thé Baxley, Ga., Intersection. The Eradication Areas change to Control 1232 corrects the de­ M . R . C l a r k s o n , scription of its eastern boundary and Pursuant to the provisions of sections Acting Administrator, deletes reference to W-497B. The through 7 of the Act of May 29, 1884, Agricultural Research Service. change to the Baxley Intersection in­ Arta^ en^etTi sections 1 and 2 of the [F.R. Doc. 64-6232; Filed, June 22, 1964; volves the substitution of a radial from 1 of February 2, 1903, as amended, 8:52 a.m.] the Dublin, Ga., VOR for a radial from 7922 RULES AND REGULATIONS the Jacksonville, Fla., VORTAC, but does [Airspace Docket No. 64-SW-10] Issued in Washington, D.C, on June 15 not alter the location of the intersection. 1964. Since these amendments impose no PART 7T— DESIGNATION OF FEDERAL D a n ie l E. B a r r o w , additional burden on any person, notice AIRWAYS, CONTROLLED AIRSPACE, Acting Chief, Airspace Regulations and public procedure hereon are unnec­ AND REPORTING POINTS [NEW] and Procedures Division. essary and the amendments may be made [FJR. Doc. 64-6171; Filed, June 22, 1964; effective immediately. Designation of Federal Airway 8:45 a.m.] In consideration of the foregoing, Part On March 28, 1964, a notice of pro­ 71 [New] of the Federal Aviation regu­ posed rule making was published in the [Airspace Docket No. 63-W E-lll] lations is amended, effective immedi­ F ederal R egister (29 F.R. 4100) stating ately, as hereinafter set forth: that the Federal Aviation Agency pro­ PART 71— DESIGNATION OF FEDERAL 1. In § 71.163 (29 F.R. 1068), Control posed to designate a VOR Federal airwa^ AIRWAYS, CONTROLLED AIRSPACE, 1232 is amended to read as follows: from Austin, Tex., to Daisetta, Tex. AND REPORTING POINTS [NEW] Control 1232. Interested persons were afforded an That airspace bounded on the E by the opportunity to participate in the rule Alteration of Federal Airways Miami Oceanic Control area boundary; on making through the submission of com­ On April 7, 1964, a notice of proposed the S by latitude 24°00'00" N.; on the W by ments. All comments received were longitude 80°25'00" W., the S boundary of rule making was published in the F ed­ V-51, and the E boundary of V-3; and on favorable. eral R egister (29 F.R. 4891) stating that the N by the S boundary of control 1235; ex­ Tbe substance of the proposed amend­ the Federal Aviation Agency proposed cluding the airspace below 2,000 feet MSL ment having been published and for the alterations to VOR Federal airway Nos. outside the United States. reason stated in the notice, the following 8, 95, 200, 210, 220, 244, 283, and 298. action is taken: 2. In § 71.203 (29 F.R. 1211), the Bax­ Interested persons were afforded an In § 71.123 (29 F.R. 1009) the following ley, Ga., Intersection is amended to read opportunity to participate in the rule is added: as follows: making through submission of comments. All comments received were favorable. Baxley, Ga. IN T : V-306 From Austin, Tex., to Daisetta, Tex. The substance of the proposed amend­ INT Dublin, Ga. 137°, Alma, Ga. 035° This amendment shall become effective ments having been published and for the radials; V-5E, V-267. (Sec. 307(a) and 1110, 49 U.S.C. 1348 and 0001 e.s.t., August 20,1964. reasons stated in the notice, § 71.123 (29 1510, and Executive Order 10854, 24 F.R. (Sec. 307(a), 72 Stat. 749; 49 UJ3.C. 1348) F.R. 1009, 2336, 2337, 3001, 3225, 7018) 9565) is amended as follows: 1. In V-8 “to Kremmling, Colo. From Issued in Washington, D.C., on June Issued in Washington, D.C., on June 15, 1964. IN T of Denver, Colo., 277° and Gill, 15,1964. D a n ie l E. B a r r o w , Colo., 222* radials via Denver;” is deleted D a n ie l E. B a r r o w , and “Kremmling, Colo.; Denver, Colo.;” Acting Chief, Airspace Regulations Acting Chief, Airspace Regulations and Procedures Division. and Procedures Division. is substituted therefor. 2". In V-95 “From INT of Denver, Colo., [F.R. Doc. 64-6167; Filed, June 22, 1964; [F.R. Doc. 64-6170; Filed, June 22, 1964; 207° and Kiowa, Colo., 246° radials” is 8:45 a.m.] 8:45 am .] deleted and “From Gunnison, Colo.,” is substituted therefor. [Airspace Docket No. 64-EA-7] [Airspace Docket No. 64-WA-32] 3. In V-200 “to Meeker, Colo.” is de­ PART 71— DESIGNATION OF FEDERAL leted and “Meeker, Colo.; Kremmling, AIRWAYS, CONTROLLED AIRSPACE, PART 71— DESIGNATION OF FEDERAL Colo.; to Denver, Colo.” is substituted AIRWAYS, CONTROLLED AIRSPACE, therefor. AND REPORTING POINTS ENEW1 4. In V-210 “IN T of Farmington 086® AND REPORTING POINTS [NEW] Alteration of Federal Airway and Alamosa, Colo., 232° radials; Ala­ Designation of Federal Airways mosa;” is deleted and “Alamosa, Colo, On March 28, 1964, a notice of pro­ including an S alternate from Farming- posed rule making was published in the The purpose of this amendment to ton to Alamosa via INT of Farmington F ederal R egister (29 F.R . 4100) stating Part 71 [New] of the Federal Aviation 086° and Alamosa 232° radials;” is sub­ that the Federal Aviation Agency pro­ regulations is to correct an error in the stituted therefor. posed to extend V-290 from Montebello description of Federal Airway Victor-161. 5. In V-220 “From IN T of Kremmling, direct to Flat Rock, Va. Colo., 081° and Denver, Colo., 334° radials This airway is described in part via the Interested persons were afforded an wia” is deleted and “From Kremmling, opportunity to participate in the rule intersection of Bluè Springs, Mo., 106° Colo, via INT of Kremmling 081° tod making through submission of com­ and Lamoni, Iowa, 174° radials. The Denver, Colo, 334° radials;” is substi­ ments. All comments received were correct Blue Springs radial is 016° True, tuted therefor. favorable. and it is presently presented correctly 6. V-244 is amended to read: In consideration of the foregoing, Part on the appropriate charts. ■ V-244 From Oakland, Calif, via INT of Oak­ 71 [New] of the Federal Aviation Regu­ Since this amendment is editorial in land 077° and Stockton, Calif, 268° radials^ lations is amended, effective 0001 e.s.t., nature and imposes no additional burden Stockton, including an S alternate via INT August 20, 1964, as hereinafter set forth. on any person, notice and public pro­ of Oakland 110° and Stockton 246° radials; In § 71.123 (29 F.R. 1009), V-290 is Coaldale, Nev.; Tonopah,^ Nev.; Wilson cedure hereon are unnecessary and the altered by deleting “to Montebello, Va.” Creek, Nev.; Milford, Utah; Hanksvill?, amendment may be made effective and substituting “Montebello, Va.; to Utah; LaSal, Utah; Gunnison, Colo.; Flat Rock, Va.” therefor. immediately. Pueblo, Colo.; Lamar, Colo.; to Russell, This amendment is made under the In consideration of the foregoing, Kans. authority of section 307(a) of the Fed­ Part 71 [New] of the Federal Aviation 7. V-283 is amended to read: eral Aviation Act of 1958 (49 U.S.C. regulations is amended, effective immedi­ V—283 From Fresno, Calif, via Reno, Nev.; 1348). ately, %s hereinafter set forth. § 71.123 Lakeview, Oreg.; Redmond, Oreg.; to New- Issued in Washington, D.C., on June (29 FJR. 1009) is amended as follows: berg, Oreg. 15,1964. In V-161 delete “Blue Springs 106°” 8. V-298 is amended to read: and substitute “Blue Springs 016°” D a n ie l E. B a r r o w , V—298 From Pendleton, Oreg, via McCall, Acting Chief, Airspace Regulations therefor. Idaho; Dubois, Idaho; Dunoir, Wyo.; noy- and Procedures Division. This amendment is made under the sen Reservoir, Wyo.; to Casper, IVyo, eluding an S alternate from Dunoir [F.R. Doc. 64-6169; Filed, June 22, 1964; authority of section 307 (a) of the Federal 8:45 a.m.j Aviation Act of 1958 (49 U.S.C. 1348) Casper via Riverton, Wyo. Tuesday, June 23, 1964 FEDERAL REGISTER 7923

These amendments shall become effec­ [Airspace Docket No. 63-SO-53] public procedure hereon are unnecessary tive 0001 e.s.t., August 20, 1964. PART 71— DESIGNATION OF FEDERAL and the amendments may be made effec­ (Sec. 307(a), 72 Stat. 749; 49 U.S.C. 1348) AIRWAYS, CONTROLLED AIRSPACE, tive immediately. In consideration of the foregoing, Parts Issued in Washington, D.C., on June AND REPORTING POINTS [NEW] 73 and 71 [New] of the Federal Aviation 15,1964. Transition Area; Correction of Regulations are amended, effective im­ D a n ie l E. B a r r o w , Designation mediately, as hereinafter set forth: Acting Chief, Airspace Regulations, 1. In § 73.22 (29 F.R, 1234), R^2207, and Procedures Division. On May 1, 1964, Federal Register Fairbanks, Alaska (Eielson A F B ), Re- [PH. Doc. 64-6172; Filed, June 22, 1964; Document No. 64-4317 was published in tricted Area/Military Climb Corridor, is 8:45 am.] the F ederal R eg ister (29 F.R. 5785) and revoked. amended the Macon, Ga., transition 2. In § 71.105 (29 F.R. 1006), A-2 and area. Subsequent to the publication of A-15, are amended by deleting “R-2207,” [Airspace Docket No. 63-WE-125] this document, it was found that a re­ and “R-2207”, respectively. finement in the boundary of a portion of These amendments are made under PART 71— DESIGNATION OF FEDERAL the Macon transition area having a floor the authority of section 307(a) of the AIRWAYS, CONTROLLED AIRSPACE, of 3,000 feet MSL adopted in Airspace Federal Aviation Act of 1958 (49 U.S.C. AND REPORTING POINTS [NEW] Docket No. 63-SO-67 was omitted. 1348). That change prevented the transition Issued in Washington, D.C., on June Designation of Federal Airway area from causing an increase in the 12, 1964. M EA for Victor 154. Accordingly, ac­ Segment C lif f o r d P. B u r t o n , tion' is taken herein to conform the Acting Director, Air Traffic Service. On March 5,1964, a notice of proposed Macon transition area with the change rule making was published in the F ed­ appearing in Airspace Docket No. 63- [F.R. Doc. 64-6175; Filed, June 22, 1964; 8:46 am .j eral Register (29 F.R. 3013) stating that SO-67. the Federal Aviation Agency proposed to Since this amendment is editorial in nature and imposes no additional burden designate a segment of VOR Federal air­ Chapter III— Federal Aviation Agency way No. 86 from Sheridan, Wyo., direct on any person, notice and public pro­ to Rapid City, S. Dak. cedure hereon are unnecessary, and the SUBCHAPTER C— AIRCRAFT REGULATIONS Interested persons were afforded an effective date of the final rule as initially [Reg. Docket No. 6045; Arndt. 752] opportunity to participate in the rule adopted may be retained. making through submission of com­ In consideration of the foregoing, ef­ PART 507— AIRWORTHINESS ments. The Air Transport Association fective immediately, item No. 3.b. relat­ DIRECTIVES of America (ATA) submitted the only ing to the Macon, Ga., transition area in comments. § 71.181 of Federal Register Document Boeing Models 707—300 and —400 The ATA concurred* in the proposed No. 64-4317 (29 F.R. 5785) is altered by Series Aircraft amendment and also recommended that deleting the words “on the S by V-70, and on the W by V-267;” and substitut­ Several instances of cracks have oc­ VOR Federal airway No. 86 be extended curred in the upper wing skin on Boeing from Livingston, Mont., via Billings, ing the words “on the SE by V-70, and on the S by V-154;” therefor. Models 707-300 and 707-400 Series air­ Mont., to Sheridan, Wyo., as a common craft. In each instance the crack origi­ airway with segments of VOR Federal (Sec. 307(a); 49 U.S.C. 1348) nated at the upper aft edge of the inter­ airways Nos. 2 and 19 presently desig­ spar at rear spar stations and progressed nated between these points. The Federal Issued in Washington, D.C., on June 15,1964. toward the front spar. Investigation of Aviation Agency concurs in this recom­ the area indicates that the cracks are mendation as it would provide for route D a n ie l E. B a r r o w , caused by fatigue. To correct this con­ continuity and ease of flight planning Acting Chief, Airspace Regula­ dition, an airworthiness directive-is being for air traffic operating from Butte, tions and Procedures Division. issued to require inspection of the upper Mont., to Rapid City via Bozeman, Mont., [F.R. Doc. 64-6174; Filed, June 22, 1964; wing skin and repair if cracks are found. Livingston, Billings and Sheridan. Ac­ 8:45 am .] As a situation exists which demands cordingly, action is taken herein to ex­ immediate adoption of this regulation, tend V-86 from Livingston to Sheridan. it is found that notice and public pro­ [Airspace Docket No. 64 -A L-l ] Since this alteration of the proposal cedure hereon are impracticable and good is minor in nature, notice and public pro­ PART 71— DESIGNATION OF FEDERAL cause exists for making this amendment cedure hereon are unnecessary. effective upon publication in the F ederal In consideration of the foregoing, AIRWAYS, CONTROLLED AIRSPACE, AND REPORTING POINTS [NEW] R e g ister . s 71.123 (29 F.R. 1009, 6530) is amended In consideration of the foregoing, and as follows: ■ PART 75— ESTABLISHMENT OF JET pursuant to the authority delegated to V-86 is amended to read: ROUTES [NEW] me by the Administrator (25 F.R. 6489), V m6 Prom Butte- Mont., via Whitehall, § 507.10(a) of Part 507 (14 CFR Part Mont.; Bozeman, Mont.;. IN T of Bozeman Revocation of Restricted Area 507), is hereby amended by adding the 128° and Livingston, Mont., 261* radials; The purpose of these amendments to following new airworthiness directive: ivlngston; Billings, Mont.; Sheridan, Wyo.; to Rapid City, S. Dak. Parts 73 and 71 [New] of the Federal Boeing. Applies to all Model 707 Series air­ Aviation Regulations is to revoke the craft listed in Boeing Service Bulletin No. 1796 (R—1), with 7,500 or more hours’ non?1*5 amen have occurred. The parenthetic^ [Reg. Docket No. 6043; Arndt. 750] eference statement is being rev A proposal to amend Part 507 of the bow the correct numbers of the manu Regulations of the Administrator to PART 507— AIRWORTHINESS acturer’s service bulletins. include an airworthiness directive re­ DIRECTIVES Since this amendment rela^ d}ti naj quiring inspection of the elevator trim uirement and imposes no additiona i tab end blocks and replacement of any Douglas Model DC—8 Series Aircraft urden on any person, notic® ^.¿gary, found defective on de Havilland Model Amendment 520, 27 F.R. 12616, AD ►rocedure hereon are ® \ DHC-2 “Beaver” aircraft was published nd the amendment wiU hecome efi 62-27-4, as amended by Amendment 574, in 29 P.R. 3710. e upon publication in the Fedek* j Interested persons have been afforded 28 F.R. 5640, requires inspection every an opportunity to participate in the mak­ 450 hours’ time in service of the upper Tuesday, June 23, 1964 FEDERAL REGISTER 7925

In consideration of the foregoing, and (Secs. 313(a), 601, 603; 72 Stat. 752, 775, 776; States is the sale of such finished prod­ pursuant to the authority delegated to 49 U.S.C. 1354(a). 1421, 1423) ucts; and (ii) for a period of seven (7) me by the Administrator (25 F.R. 6489), Issued in Washington, D.C., on June years from the date of service upon § 507.10(a) of Part 507 (14 CFR Part 15, 1964. them of this Order, respondents shall 507), is amended as follows: W. L l o y d L a n e , cease and desist from acquiring, directly Amendment 565, 28 F.R. 4612, AD 63— Acting Director, or indirectly, through subsidiaries or 10-2, Fairchild Model F-27 aircraft, is Flight Standards Service. otherwise, without the prior approval of hereby amended as follows: the Federal Trade Commission, any part 1. Changing the applicability state­ [FJt. Doc. 64-6181; Filed, June 22, 1964; of the share capital or assets of any ment to read: 8:46 a.m.j corporation engaged in commerce and Applies to F-27 aircraft, Serial Num­ engaged an the United States in the pro­ bers 1 to 97 inclusive and 99. duction of containerboard, or in the con­ 2. Changing the parenthetical refer­ verting of containerboard, into finished ence statement to read: products, including but not limited to (Fairchild Service Bulletins 55-4 dated Title 16-COMMERCIAL corrugated products, or a substantial March 1963, and 55-5 dated March 1, part of whose business in the United 1963, cover this subject.) PRACTICES States is the sale of such finished prod­ This amendment shall become effec­ Chapter I— Federal Trade Commission ucts; provided, however, that nothing tive June 20,1964. contained herein shall prohibit the pur­ [Docket C-751] chase by respondents, in the ordinary (Secs. 313(a), 601, 603; 72 Stat. 752, 775, 776; course of business, of coarse paper or 49U.S.C. 1354(a), 1421, 1423) PART 13— PROHIBITED TRADE containerboard, or finished products Issued in Washington, D.C., on June PRACTICES converted from coarse paper or contain­ 15,1964. Georgia-Pacific Corp. and Georgia- erboard, or secondhand machinery or W . L l o y d L a n e , equipment, used or useful in the manu­ Acting Director, Pacific Paper Corp. facture of coarse paper or container- Flight Standards Service. Subpar>—Acquiring corporate stock board or the conversion of coarse paper or containerboard into finished products, [PH. Doc. 64r-6180; Filed June 22, 1964; or assets: §13.5 Acquiring corporate 8:46 a.m.] stock or assets. if such machinery or equipment does not constitute a major part of the assets of (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret the seller.; [Reg. Docket No. 5015; Arndt. 753] or apply sec. 7, 38 Stat. 731, as amended; 15 It is further ordered, That, for the U.S.C. 18) [Cease and desist order, Georgia- period ending December 31, 1973 re­ PART 507—-AIRWORTHINESS Pacific Corporation (Portland, Oreg.) et al« Docket C-75Ì, June 4, 1964] spondents shall make available and af­ DIRECTIVES firmatively offer, in good faith at not In the Matter of Georgia-Pacific Corpo­ more than the going delivered market Schleicher Models Ka2B and Ka6 ration, a Corporation, and Georgia- price, to independent jobbers and con­ Gliders Pacific Paper Corporation, a Corpora­ verters of coarse paper in the United A proposal to amend Part 507 of the tion States, to be treated collectively as one Regulations of the Administrator to in­ class, and, to the extent such offers are Consent order prohibiting the nation’s accepted, sell (i) in each of the years clude an airworthiness directive requir­ sixth largest producer of coarse paper— ing inspection of the horizontal stabi­ 1964 through 1968, inclusive, at least which, between 1947 and 1963 had ac­ 100,000 tons of coarse paper produced lizer fittings and replacement if cracks quired at least 45 lumber, plywood and are found on Schleicher Models Ka2B at the Crossett, Arkansas, mill acquired paper companies— and its wholly-owned from The Crossett Company, which is and Ka6 gliders was published in 29 subsidiary from acquiring without prior the approximate tonnage of coarse paper Pit. 5566. Commission Approval any company en­ sold by The Crossett Company to all Interested persons have been afforded gaged in producing, converting òr selling customers in such class during the calen­ an opportunity to participate in the (1) coarse paper or finished products dar year 1961 (or, if the total production making of the amendment. No objec­ thereof or (2) container-board or its tions were received. of such mill in any such calendar year products for a period of ten and seven is less than 100,00 tons, at least 75 per­ In consideration of the foregoing, and years, respectively, ,with exceptions as cent of the total production of such Pursuant to the authority delegated to stated; and requiring them annually to mill in such year), and (ii) in each of me by the Administrator (25 F.R. 6489), make available or sell to independent §507.i°(a) of Part 507 (14 CFR Part the calendar years 1969 through 1973, jobbers and converters for five years at 507), is hereby amended by adding the inclusive, at least 75,000 tons of coarse least 100,000 tons of coarse paper per paper produced at such mill (or, if the ioilowing new airworthiness directive: year (the approximate amount produced total production of such mill in any such Schleicher. Applies to all Models Ka2B at the Crossett, Ark. mill, acquired in calendar year is less than 75,000 tons, and Ka6 gliders Serial Numbers 180 1962), and, for the succeeding five years, through 245. then at least 75 percent of the total pro­ 75,000 tons annually, all at delivered Compliance required as indicated. duction of such mill in such year). The prices offered by its name major +a,C^S bave occurred in the forward hori- competitors. going delivered market price shall be ntal stabilizer fitting, above the welded determined by the average of the de­ btif1 °? the fuselaSe side. The cracks áre The order to cease and desist, includ­ ing further order requiring report of livered prices offered by St. Regis Paper it,,»* to be caused by excessive hardening Company, Union Bag-Camp Paper Cor­ cue to welding. compliance therewith, is as follows: tbe next 10 hours’ time in service poration, Hudson Pulp and Paper Corpo­ ;ZT ,,the effective date of this AD, ac­ It is ordered, That (i) for a period of ration and International Paper Company complish the following: ten (10) years from the date of service for similar grades of coarse paper in ef­ stnhin ^emove the forward horizontal upon them of this Order, respondents, fect from time to time during the cal­ at ip fr fittings and inspect for cracks with shall cease and desist from acquiring, endar year in question. Respondents’ mJfast a. 3'P ° wer magnifying glass. Be­ directly or indirectly, through subsidi­ offers and sales shall be made on such fore fcra?ked fittings’ with new fittings be- I0”^further flight. aries or otherwise, without the prior ap­ terms and conditions of sale (including nPL Jpkeeh all fittings for excessive hard- proval of the Federal Trade Commission, terms and conditions of credit) as re­ Schlii7 Use of a flle as specified in any part of the share capital or assets spondents may establish in good faith Kaoij eÜ sPecial Inspection for Models of any corporation engaged in commerce from time to time. Dlaoe w jÉ Ka6 dated July 12, 1961. Re­ and engaged in the United States in the ' It is further ordered, That respond­ new n itings found to be too hard, with a production of coarse paper, or in the con­ ents shall, within sixty (60) days after '^vice J í e S í e r the 10 h° UrS’ tÜne ln verting of coarse paper into finished service upon them of this order, file products, including but not limited to with the Federal Trade Commission a amendment shall become ef- paper bags and sacks, or a substantial report, in writing setting forth in detail «ctive July 21, 1964. part of whose business in the United the manner and form in which they in- 7926 RULES AND REGULATIONS tend to comply, are complying or have ration, and respondents’ representatives, nard L. Silver, Hyman Schlosberg, and complied with this order. agents and employees, directly or Laurence Serlin shall, within sixty (60) through any corporate or other device, days after service upon them of this Issued: June 4,1964. in connection with the offering for sale, order, file with the Commission a report, By the Commission. sale or distribution in commerce, as in writing, setting forth in detail the “commerce” is defined in the Federal manner and form in which they have [ seal] Joseph W . S hea, Trade Commission Act, of their Lectra complied with the order to cease and de­ Secretary. Fuel Igniter or any other product of sist set forth in the initial decision. [F.R. Doc. 64-6183; Filed, June 22, 1964; similar design or construction or any Issued: June 5, 1964. 8:4? a.m.] other articles of merchandise, do forth­ with cease and desist from: By the Commission. A. Representing, directly or indirectly : [Docket 8274] 1. That Lectra Fuel Igniters or any [ seal] Joseph W. Shea, PART 13— PROHIBITED TRADE other products of substantially similar Secretary. design or construction are not internal PRACTICES combustion engine spark plugs: Pro­ [F.R. Doc. 64-6184; Filed, June 22, 1964; 8:47 ajn.j Lectra Spark Co. et al. vided, however, That nothing herein con­ tained shall prevent the non-deceptive Subpart— Advertising falsely or mis­ use of the brand name, “Lectra Fuel PART 71— b r a id ed r u g industry leadingly: § 13.20 Comparative data or Igniter.” merits; § 13.60 Earnings and profits; 2. That internal combustion engines Promulgation of Trade Practice § 13.85 Government approval, action con­ equipped with Lectra, Fuel Igniters or nection or standards; § 13.143 Opportu­ any other product of substantially simi­ Rules nities; § 13.170 Qualities or properties of lar design or construction will start Due proceedings having been held un­ product or service: 13.170-12 Auxiliary, faster, give better performance, have der the trade practice conference pro­ improving, or supplementary; 13.170-34 more power, accelerate faster or give cedure in pursuance of the Act of Con­ Economizing or saving. better gas mileage than such engines gress approved September 26, 1914, as equipped with conventional spark plugs: (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret amended (Federal Trade Commission or apply sec. 5, 38 Stat. 719, as amended; 15 Provided, however, That nothing herein U.S.C. 45) [Cease and desist order, The contained shall prevent truthful and A c t), and other provisions of law admin­ Lectra Spark Company (Jenkintown, Pa.) non-deceptive representations that such istered by the Commission: et al., Docket 8274, June 5, 1964] Igniters, under specified conditions, give It is now ordered, That the trade prac­ In the Matter of The Lectra Spark Com­ longer service than conventional spark tice rules as hereinafter set forth, which pany a Corporation, and Fred P. D ol- plugs. have been approved by the Commission lehberg and Harry Petrick, Individually 3. That the use of Lectra Fuel Ignit­ in this proceeding, be promulgated as of and as Officers of Said Corporation; ers or any other product of substantially June 23,1964. similar design or construction will en­ Lectra Sales Corporation, a Corpora­ Statement try the Commission. Trade tion, and Jack Howard, Bernard L. able the user to switch from premium or high-octane gasoline to regular gaso­ practice rules for the Braided Rug In­ Silver and Harry Petrick, Individually dustry as hereinafter set forth, are and as Officers of Said Corporation; line with equal or better performance ir­ respective of the automobile engine’s re­ promulgated by the Federal Trade Com­ Barilen Corp., a Corporation, Doing mission under its Trade Practice Con­ Business as Lectra Fuel Igniter Co., quirements. and Hyman Scholosherg and Laurence 4. That any product is guaranteed un­ ference procedure. Serlin, Individually and as Officers of less the nature and extent of the guar­ The industry for which these trade Said Corporation antee and the manner in which the guar­ practice' rules are established is composed antor will perform thereunder are ' persons, firms, corporations, or or- Order requiring three corporations and clearly and conspicuously disclosed and mizations engaged in the manufacture, their officers, engaged in the sale and respondents do in fact fulfill all of their rocessing, sale, or distribution of hand distribution of automobile spark plugs obligations under the terms of the • machine braided rugs, tubular braided under the trade name “Lectra Fuel guarantee. igs and tubular wrap-a-round rugs. Igniter”, to cease representing falsely in 5. That respondents’ distributors or advertising that their said "Fuel Igniter” salesmen have received earnings or Proceedings for the establishment of was not a spark plug, would give better profits in excess of those actually re­ îese rules were instituted upon apph" gas mileage and better engine perform­ ceived or earned by such persons; or ition of the Braided Rug Manufactur­ ance than conventional spark plugs, en­ that the earnings or profits derived by es’ Association. A general trade practice able the user to switch from premium to distributors or salesmen of respondents’ inference was held in the offices of t e regular gasoline, and was uncondition­ products will be any amount greater than ommission in Washington, D.C., on ally guaranteed; that salesmen and dis­ that usually and customarily earned by [arch 30, 1964, at which proposals ior tributors could earn excessive amounts, distributors or salesmen of such fies were submitted for consideration oi and that the United States Government products. îe Commission. The views and sugges- had field-tested the product and was a 6. That the United States Govern­ ons of industry members and other in­ substantial purchaser. ment has purchased substantial num­ vested parties expressed at the conier- The order to cease and desist is as bers of respondents’ products or has ice and otherwise submitted were duly follows: field tested such products. B. Furnishing to, or otherwise placing jnsidered, and thereafter, upon It is ordered, That respondents Electra insideration of the entire matter, Spark Company, a corporation (incor­ in the hands of, retailers or dealers the ction was taken by the Comm rectly designated in the complaint herein means or instrumentalities by or through hereby it approved rules for the ' as The Lectra Spark Company), and its which they may mislead or deceive the ustry in the form hereinafter set fort . officers, and Fred P. Dollenberg and public in the manner or as to the things Harry Petrick, individually and as officers prohibited by this order. These rules are designed to P* ® of such corporation; Lectra Sales Corpo­ By “Final Order” further order requir­ uidance to the members of the industry ration, a corporation, and its officers, and ing report of compliance is as follows: îgarding the requirements of the ja Jack Howard, Bernard L. Silver and dministered by the Commission, ; It is further ordered, That respondents Harry Petrick, individually and as officers pply to the trade practices of this » Electra Spark Company, a corporation of such corporation; Barilen Corp., a ustry. Appropriate proceedings^ (incorrectly designated in the complaint corporation, doing business as Lectra ublic interest will be taken by the com as The Lectra Spark Company), Lectra Fuel Igniter Co., or under any other fission against industry members, name, and its officers, and Hyman Sales Corporation, a corporation, Barilen jet to its jurisdiction, who engag Schlosberg and Laurence Serlin, in­ Corp., a corporation, and Fred P. Dollen­ dividually and as officers of such corpo­ berg, Harry Petrick, Jack Howard, Ber­ Tuesdayy June 23, 1964 FEDERAL REGISTER 7927

The rules hereinafter set forth become sale or sell industry products under any products, to represent directly or in­ operative thirty (30) days from the date representations, - description, circum­ directly, that he is a manufacturer of of their promulgation. stance, or condition which has the industry products, unless he owns and The rules. These rules promulgated by capacity and tendency or effect of mis­ operates or directly controls a factory the Commission are designed to foster leading or deceiving purchasers or pro­ wherein such products are made, or to and promote the maintenance of fair spective purchasers thereof, as to the represent that he is a wholesaler of in­ competitive conditions in the interest of type, size, kind, grade, quality, weight, dustry products when such is not the protecting industry, trade, and the pub­ durability, serviceability, terms of sale, fact, or in any other manner to misrepre­ lic. It is to this end, and to theexclusion value, production, method of manu­ sent the character, extent, or type of his of any act or practice which fixes or facture, fabrication or distribution of business. [Rule 4] controls prices through combination or such industry products or which has the agreement, or which unreasonably re­ capacity and tendency or effect of mis­ § 71.5 Deceptive pricing. strains trade or suppresses competition, leading or deceiving the purchasing or It is an unfair trade practice for any or otherwise unlawfully injures, destroys, consuming public in any other material member of the industry to represent di­ or prevents competition, that the rules respect. rectly or indirectly in advertising or are to be applied. (b) The prohibitions of this section otherwise that an industry product may The unfair trade practices embraced are applicable to all forms of advertis­ be purchased for a specified price, or at in the rules herein are considered to be ing, whether written or oral, in periodi­ a saving, or at a reduced price, when such unfair methods of competition, unfair or cals, on the radio or television, and to is not the fact; or otherwise deceive pur­ deceptive acts or practices, or other ille­ any form of marking or labeling of in­ chasers or prospective purchasers with gal practices, prohibited under laws ad­ dustry products or the packages in respect to the price of any product of­ ministered by the Federal Trade Com­ which they may be shipped, offered for fered for sale; or furnish any means or mission, and appropriate proceedings in sale or sold. instrumentality by which others engaged the public interest will be taken by the (c) Under this section it is an unfair in the sale of industry products may Commission to prevent the use, by any trade practice to represent any industry make any such representation. person, partnership, corporation, or other product as a “braided rug” unless made Note: On December 20, 1963 the Commis­ organization subject to its jurisdiction, in the manner described in § 71.0(b) (1). sion adopted Guides Against Deceptive Pric­ of such unlawful practices in commerce. (d) Rugs made in conformity with ing which became effective on January 8, Nothing contained in these rules is § 71.0(b) (2) may be designated as “tubu­ 1964 and which supersede the Guides on thi«’ to be construed as relieving any mem­ lar braided rugs,” and rugs of the con­ subject as adopted October 2, 1958. Copies ber of the industry from complying with struction described in § 71.0(b) (3) may of the Guides will be furnished upon request. the provisions of the Textile Fiber be designated as “tubular wrap-a-round [Rule 5] Products Identification Act, approved rugs”, but not as woven or braided. September 2, 1958 (effective March 3, [Rule 1] § 71.6 Misrepresenting industry prod­ 1960), and the Rules and Regulations ucts as “ Hand Braided” or “ Hand issued thereunder. § 71.2 Misrepresentation as to the origin Made.” o f industry produets. Sec. (a) It is an unfair trade practice to 71.0 Definitions. It is an unfair trade practice to repre­ represent an industry product as “hand 71.1 Deception (general). sent, directly or by implication, that a braided” unless such product is composed 71.2 Misrepresentation as to the origin of product manufactured in a foreign coun­ of strands which were in fact braided by industry products. try was made in the United States. hand. 71.3 Misrepresentation as to the size of Under this section, distinctively Ameri­ (b) It is also an unfair trade practice industry products. can names may not be used to identify 71.4 Misrepresentation as to character of to represent an industry product as business. products imported from a foreign coun­ “hand made” unless it is made entirely 71.5 Deceptive pricing. try unless in close conjunction with any by hand. [Rule 61 71.6 Misrepresenting industry products as such name clear and conspicuous dis­ “Hand Braided” or “Hand Made.” closure is made of the_country of origin Approved: June 9,1964. Authority; The provisions of this Part of the product. By direction of the Commission. 71 issued under sec. 6, 38 Stat. 721; 15 U.S.C. Note: The marking of Imported articles to [ seal! Joseph W . Shea, 46. Interpret or apply sec. 5, 38 Stat. 719, show their country of origin is a responsi­ as amended; 15 U.S.C. 45. bility of the Bureau of Customs, Department Secretary. of the Treasury, under the provisions of [F.R. Doc. 64-6140; Filed, June 22, 1964; §71.0 Definitions. statutes administered by it. Action may be 8:45 a.m.] (a) Industry member. Any person, taken by the Commission under the Federal arm, corporation, or organization en­ Trade Commission Act in thè case of decep­ gaged in the manufacture, sale, or dis­ tive nondisclosure of foreign origin in matters within Its jurisdiction, when such Title 21— FOOD AND DRUGS tribution of industry products as here­ action is necessary in the public interest. inafter defined. Chapter I— Food and Drug Adminis­ (b) Industry products. Braided Rugs, [Rule 2] tration, Department of Health, Edu­ tubular Braided Rugs and Tubular § 71.3 Misrepresentation as to the size o f cation, and Welfare wrap-A-Round Rugs, made in the fol­ industry products. lowing manner, irrespective of com­ SUBCHAPTER B— FOOD AND FOOD PRODUCTS It is an unfair trade practice in refer­ position: PART 121— FOOD ADDITIVES t Braided rugs, formed by sewing ring to the size of an industry product to together flat braids or plaits into desired use any size representation which does Subpart F-—Food Additives Resulting shapes; not accurately reflect the actual size of the product. From Contact With Containers or h Tubular braided rugs, formed by Equipment and Food Additives yarn around a core to form a Note: Nothing in this section shall be con­ Otherwise Affecting Food eath, or tube, for the core and there- strued as preventing an industry member gjia es^6WinS the' same into desired from stating the “approximate size” of a P lasticizers i n P olym eric Substances; group of rugs offered for sale, provided th at D ihexyl Phthalate no rug in the group varies in size from the form 7 ? bular wrap-a-round rugs, stated approximate size by more than iy2 The Commissioner of Food and Drugs, .”3 b3r wrapping yam or thread percent in any dimension (length or width). having evaluated the data submitted in snwr* a core of filler material in a a petition (FAP 949) filed by Esso Re­ [Rule 31 tharo Jphion without interlocking and search and Engineering Company, P.O. , r sewing such wrapped cores mto desired shapes, , ; § 71.4 Misrepresentation as to .character Box 172, Linden, New Jersey, and other, o f business. relevant material, has concluded that the §71.1 Deception (general). food additive regulations should be It is an unfair trade practice for any amended to provide for the use of di­ nJmi M is an unfair trade practice for industry member, in the course of or in hexyl phthalafce us a plasticizer in poly­ bers of thé industry to offer for connection with the sale of industry meric substances used in the manufac- 7928 RULES AND REGULATIONS ture of articles that contact . food. regulations for the certification of Chlor­ ration and trial of claims pending before Therefore, pursuant to the provisions of tetracycline and chlortetracycline-con- the Indian Claims Commission. Loans the Federal Food, Drug, and Cosmetic taining drugs (21 C F R 146C.256) are will be approved by issuance of a com­ Act (sec. 4 0 9 (0 (1 ), 72 Stat. 1786; 21 amended as follows: mitment order by the Secretary or his U.S.C. 348 (c)(1 )), and under the au­ Section 146c.256(c) (1) (iii) is amended authorized representative. All loans thority delegated to the Commissioner to read: shall bear interest at the rate of 5% per­ by the Secretary of Health, Education, cent per annum from the date the funds § 146c.256 Chlortetracycline hydrochlo­ are advanced until repaid. (Act of No­ and Welfare (21 CFR 2.90; 29 F.R. 471), ride in oil oral veterinary. § 121.2511 is amended by inserting al­ vember 4, 1963; 77 Stat. 301) * * * # * phabetically in the list of substances in Stewart L. U dall, paragraph (b) a new item, as follows: (c) * * * * * * Secretary of the Interior. § 121.2511 Plasticizers in polymeric June 17,1964. substances. (iii) The statement “Expiration date ______the blank being filled in * * * * * [F.R. Doc. 64-6190; Filed, June 22, 1964; with the date that is 24 months, 36 8:47 ajn.] (b) List of substances: months, or 48 months after the month Limitations during which the batch was certified. * * * * * * Notice and public procedure are not Dihexyl For use only: prerequisite to the promulgation of this Title 26— INTERNAL REVENUE phthalate. 1. As provided in § 121.2520. order, and I so find, since the nature of 2. In articles that contact the change is such that it cannot be ap­ Chapter I— Internal Revenue Service, food only of the types Department of the Treasury identified in § 121.2526 plied to any specific product unless and (c ), table 1, under cate­ until the manufacturer thereof has sup­ SUBCHAPTER B— ESTATE AND GIFT TAXES gories I, II, IV—B, VI—B, plied adequate data regarding that ar­ [T.D. 6742] and V n i. ticle. Any person who will be adversely af­ Effective date. This order shall be ef­ PART 20— ESTATE TAX; ESTATES OF fected by the foregoing order may at fective on the date of its publication in DECEDENTS DYING AFTER AU­ any time within 30 days from the date the F ederal R egister. GUST 16, 1954 of its publication in the Federal R egister (Sec. 507, 59 Stat. 463 as amended; 21 U.S.O. Credit for Foreign Death Taxes file with the Hearing Clerk, Department 357) of Health, Education, and Welfare, Room Dated: June 16,1964. On April 28, 1964, notice of proposed 5440, 330 Independence Avenue SW., rule making to eliminate certain double Washington, D.C., 20201, Written objec­ John L. H arvey, taxation that exists in the application of tions thereto. Objections shall show Deputy Commissioner the Estate Tax Regulations (26 CFR Part wherein the person filing will be ad­ of Food and Drugs. 20) under section 2014 of the Internal versely affected by the order and specify [F.R. Doc. 64-6207; Filed, June 22, 1964; Revenue Code of 1954 was published in with particularity the provisions of the 8:49 a.m.] the F ederal R egister (29 F.R. 5639). No order deemed objectionable and the objection to the rules proposed was re­ grounds for the objections. If a hear­ ceived during the 30-day period pre­ ing is requested, the objections must scribed in the notice. The amendments state the issues for the hearing. A hear­ Title 25— INDIANS of the regulations as proposed are hereby ing will be granted if the objections are adopted. supported by grounds legally sufficient Chapter I— Bureau of Indian Affairs, Department of the Interior [ seal] D. W . Bacon, to justify the relief sought. Objections Acting Commissioner may be accompanied by a memorandum SUBCHAPTER I— CREDIT ACTIVITIES of Internal Revenue. or brief in support thereof. All docu­ ments shall be filed in quintuplicate. PART 91— GENERAL CREDIT TO Approved: June 15,1964. _ INDIANS ^ Effective date. This order shall be S tanley S. Surrey, effective on the date of its publication Loans for Procurement of Expert Assistant Secretary of the in the F ederal R egister. Assistance Treasury. (Sec. 409(c)(1), 72 Stat. 1786; 21 U.S.C. 348 ( c ) (1 ) ) Enactment of P.L. 88-168 (77 Stat. In order to eliminate certain double 301) on November 4, 1963, provided taxation that exists in the application Dated: June 16,1964. means for Indian groups to obtain loans of the Estate Tax Regulations (26 CFR John L. H arvey, to procure expert services in preparing Part 20) under section 2014 of the In­ Deputy Commissioner claims to be heard before the Indian ternal Revenue Code of 1954, § 20.2014-4 of Food and Drugs. Claims Commission. Therefore, Part 91 of such regulations is amended by re­ of Title 25 of the Code of Federal Regu­ vising so much of paragraph (a)(1) as [F.R. Doc. 64-6206; Filed, June 22, 1964; 8:49 a.m.] lations is amended by the addition of a precedes the example and by revising new section, to read as set forth below, paragraph (b). The amended pro­ to conform the regulations to the act, visions read as follows: SUBCHAPTER C— DRUGS supra. Because the amendment of 25 CFR 91 § 20.2014-4 Application of credit in PART 146c—CERTIFICATION OF cases involving a death tax conven­ will enable Indian groups to obtain much CHLORTETRACYCLINE (OR TETRA­ needed assistance in preparation of tion. CYCLINE) AND CHLORTETRACY­ claims, notice and public procedure are (a) In general. (1) If credit for a CLINE- (OR TETRACYCLINE-) CON­ deemed unnecessary and the amendment particular foreign death tax is auJ;“or" TAINING DRUGS will become effective on the date of pub­ ized by a death tax convention, there lication in the F ederal R egister. is allowed either the credit provided to Chlortetracycline Hydrochloride in Oil Added § 91.21 reads as follows: by the convention or the credit pro- Oral Veterinary; Change in Expira­ vided for by section 2014, whichever tion Date § 91.21 Loans for expert assistance. the more beneficial to the estate, * Under the authority vested in the Sec­ Notwithstanding any provisions of the cases where credit may be taken un retary of Health, Education, and Welfare regulations in this Part 91 to the con­ both the death tax convention and sec­ by the Federal Food, Drug, and Cosmetic trary, loans may be made to Indian tribes tion 2014, see paragraph (b) oi J*“ * section. The application of this Para­ Act (sec. 507, 59 Stat. 463 as amended; 21 and bands and to other identifiable U.S.C. 357) and delegated to the Com­ groups of Indians for use by them in graph may be illustrated by the following missioner of Food and Drugs by the Sec­ obtaining expert assistance, other than example: retary (21 CFR 2.90; 29 F.R. 471), the the assistance of counsel, for the prepa­ Tuesday, June 23, 1964 FEDERAL REGISTER 7929

(b) Taxes imposed "by both a foreign (a ) "First limitation” with respect SUBCHAPTER D— MISCELLANEOUS EXCISE country and a political subdivision to tax imposed by national TAXES government of Country X thereof. If death taxes are imposed by [TD.67431 both a foreign country with which the (bomputed under paragraph (b ) of § 20.2014—2) PART 41— EXCISE TAX ON USE OF United States has entered into a death (1) Gross Country X death tax at­ tax convention and one or more of its tributable to Countary X bonds CERTAIN HIGHWAY MOTOR VE­ possessions or political subdivisions, (before allowance of proving HICLES there is allowed, against the tax imposed cial death taxes) by section 2001— /$75,000 \ Highway Motor Vehicle Use Tax (1) A credit for the combined death ($Ï25^ÔÔX$18*750) ------H I.2 5 0 On April 30, 1964, notice of proposed taxes paid to the foreign country and (2 ) Less credit for Province Y death rule making with respect to regulations its political subdivisions or possessions taxes on such bonds______5, 625 under sections 4481, 4482, 4483, 6001, as provided for by the convention, or 6011, 6071, 6091, 6101, 6151, 6156, and (3) Net Country X death tax at­ (2) A credit for the combined death tributable to such bonds____ 5,625 7701 of the Internal Revenue Code of taxes paid to the foreign country and (b ) “First limitation” with respect 1954, as amended, relating to the excise its political subdivisions or possessions to tax imposed by Province Y tax on the use of certain highway motor as determined under section 2014, or (computed under paragraph vehicles was published in the Federal (3) (i) A credit for that amount of (b ) of § 20.2014-2) R egister (29 F.R. 5759). After consider­ the combined death taxes paid to the / $75,000 \ ation of all such relevant matter as was foreign country and its political subdivi­ ($7^000 X$6'00° > ------— 6*000 presented by interested persons regard­ sions or possessions as is allowable under ing the rules proposed, the regulations the convention, and

(3) For rules applicable to Installment vising the historical note to read as on or after July 1 of any taxable period, payment of tax for highway use tax lia­ follows: the test period for such system for that bility, see § 41.6156-1. § 41.4482(c) Statutory provisions; defi­ part of such taxable period beginning (4) For rules applicable to time of nitions; other definitions; State, with the first day on which such opera­ filing returns, see § 41.6071 (a )-1. year, use and taxable period. tion was commenced shall be the cal­ endar quarter in which falls such first Par. 6. Paragraph (b) of § 41.4481-3 Sec. 4482; Definitions. * * * day. However, if passenger fare revenue is amended to read as follows: (c) Other definitions. For purposes of this subchapter— from scheduled service described in para­ § 41.4481—3 Registration. graph (e) of this section was derived on * * * * • ***** less than 30 days during such calendar (4) Taxable period. The term “taxable (b) Any highway motor vehicle which, period” means any year beginning before quarter from operation of such system, at any time in the taxable period, is reg­ July 1, 1972, and the period which begins on the test period for such system for such istered both in the name of the owner July 1,1972, and ends at the close of Septem­ taxable period shall be the following of the vehicle and in the name of any ber 30,1972. calendar quarter. other person, is considered, for purposes [Sec. 4482 (c) as added by sec. 206 (a ), High­ (3) In the case of any person who of the regulations in this part, to be reg­ way Revenue Act 1956 (70 Stat. 390) and as commences operation of a transit system istered, at such time, solely in the name amended by sec. 203(b)(2)(C) Federal-Aid at any time in the last calendar quarter of the owner of the vehicle. Highway Act 1961 (75 Stat. 125) ] to which the tax imposed by section 4481 applies, such last calendar quarter P ar. 9. Section 41.4482 (c ) - l is amend­ Par. 7. Paragraph (b)(2) of § 41.4482 shall be the test period for such transit (b)-l is amended to read as fallows: ed by revising the heading and para­ graph (b) to read as follows: system regardless of the number of days § 41.4482(b)—1 Definition of taxable in which passenger fare revenue is de­ gross weight. § 41.4482(c)—1 Definition o f State, tax­ rived in such calendar quarter. able period and use. ***** ***** * * * * * (b) Meaning of terms. * * * (e) 60-percent passenger fare revenue (2) The term “fully equipped for (b) Taxable period. The term “tax­ test. * * * service”— able period”, as used in the regulations (2) At least 60 percent of the total of (i) In the case of trucks and truck- in this part, means (1) any one-year such passenger fare revenue derived by tractors, includes body (whether or not period beginning with July 1 and ending such person during such test period was with the following June 30 during the designed and adapted primarily for attributable to (i) amounts paid for period after June 30, 1956, and before transporting cargo, as for example, con­ transportation which do not exceed 60 crete mixers); all accessories; all equip­ July 1, 1972, and (2) the three-month cents, (ii) amounts paid for commuta­ period beginning with July 1, 1972, and ment attached to or carried on such tion or season tickets for single trips of ending with September 30,1972. truck or truck-tractor for use in connec­ less than 30 miles, or (iii) amounts paid tion with the movement of the vehicle by ♦ * * * * for commutation tickets for one month means o f its own motor or for use in the P ar. 10. Section 41.4483-2 is amended or less (see section 4263(a)). maintenance of the vehicle; and a full by revising paragraphs (a ),'(c ), (e )(2 ), ***** complement of lubricants, fuel, and and (f ) to read as follows: water. The term does not include (f) Examples. Application of this driver, any equipment (not including § 41.4483—2 Exemption for certain section may be illustrated by the follow­ body) attached to or carried on the ve­ transit-type buses. ing examples: hicle for use in handling, protecting, or (a) In general. Use in any taxable Example (1). The X Transit Company is preserving cargo; or any special equip­ period, or part thereof, of any bus of the engaged in the operation of a transit system ment (such as an air compressor, crane, transit type by any person who is en­ In the city of A and surrounding area specialized oilfield machinery, etc.) gaged in the operation of a transit system throughout April, May, and June of 1962 and the taxable period beginning July 1, 1962. mounted on the vehicle for use on con­ is exempt from the tax, if such person It derives passenger fare revenue from the struction jobs, in oilfield operations, etc., meets the 60-percent passenger fare rev­ operation of such system for 15 days in April (ii) In the case of buses, for taxable enue test provided for in section 6421(b) and for the entire months of May and June Periods beginning before July 1, 1964, (2), as set forth in paragraph (e) of this of 1962. On July 1, 1962, the Company is includes body; all accessories; all equip­ section, for the applicable period pre­ using 60 buses of the transit type and 40 ment attached to or carried on such bus scribed in paragraph (c) of this section buses of the intercity type. Each of 20 of for use in connection with the movement as the test period for such person for the transit-type buses and each of 10 of of the vehicle by means of its own motor the intercity-type buses has a taxable gross such system for such taxable period, or weight of more than 26,000 pounds. (No tax or for use in the maintenance of the part thereof. is imposed on the use of either a transit-type vehicle; and a full complement of lubri­ ***** bus or an intercity-type bus having a tax­ cants, fuel, and water. The term does able gross weight of 26,000 pounds or less. (c) Test period. (1) In the case of not include driver or any equipment (not See § 41.4481—1.) Use of the 10 intercity- including body) attached to or carried on any person who is engaged in the opera­ type buses is subject to the tax for the tax­ the vehicle for the accommodation of tion of a transit system at any time in able period beginning with July 1, 1962, since Passengers or others (such as air-condi­ the calendar quarter immediately pre­ the exemption, if any, applies only to transit- type buses.' Use of the 20 transit-type buses tioning equipment and sanitation facili­ ceding July 1 of any taxable period, the ties, etc.), and test period for such system for such tax­ is not subject to the tax for such taxable able period shall be such calendar quar­ period if at least 60 percent of the total pas­ ^(iii) In the case of buses, for taxable senger fare revenue (not including any tax Periods beginning on or after July 1,1964, ter. However, if passenger fare revenue on the transportation of persons imposed by ncludes body; all accessories; all equip­ from scheduled service described in para­ section 4261) derived by the X Transit Com­ ment attached to or carried on such bus graph (e) of this section was derived on pany during April, May, and June of 1962 less than 30 days during such calendar (the test period prescribed in paragraph nfV^Se in connection with the movement quarter from operation of such system, (c)(1) of this section) from operation of r the vehicle by means of its own motor, such system was from fares attributable to r use m the maintenance of the vehicle, the test period for such system for such taxable period shall be the last preceding (i) amounts paid for transportation which nr i0" the acc°mmodation of passengers do not exceed 60 cents, (ii) amounts paid test period for such system. If such others (such as air-conditioning for commutation or season tickets for single equipment and sanitation facilities, etc.); system has no preceding test period, then trips of less than 30 miles, or (iii) amounts mm a full complement of lubricants, fuel, the test period for such'system for such paid for commutation tickets for one month taxable period shall be the calendar or less. I f the X Transit Company does not driveWa^6r’ ^erm does not include quarter beginning with July 1 of such meet the 60-percent passenger fare revenue taxable period. test for April, May, and June of 1962, the * * * * (2) Except as otherwise provided intax attaches for the taxable period beginning with July 1, 1962, with respect to the use of Par. 8. Section 41.4482(c) is amended subparagraph (3) of this paragraph, in each of the 20 transit-type buses having a J. ^vising the heading, adding para- the case of any person who commences taxable gross weight of more than 26,000 erapn (4) to section 4482(c) , and by re- operation of a transit system at any time pounds. No. 122---- -4 7932 RULES AND REGULATIONS

Example (2). Assume the same facts as records sufficient to enable the district P ar. 14. Paragraphs (b ), (c), (d), and those stated in Example (1), except that the director to determine whether such per­ (e) of § 41.6071(a)-l are amended to X Transit Company commences operation of son is liable for the tax and, if so, the read as follows: the transit system on July 15, 1962, and de­ amount thereof. Such records shall rives passenger fare revenue from operation § 41.6071(a)—1 Time for filing returns. show with respect to each such vehicle: of the system throughout the following Au­ ***** gust and September. In such case, the test * * * * * period is July, August, and September of (b) Use after June 1957. Except as (3) The first month of each taxableotherwise provided in paragraph (c) of 1962, and if the test is met for this period, period in which occurred a taxable use no tax is imposed”on the use by the Company this section: of any bus of the transit type in the period of each such vehicle while the vehicle (1) In the case of any highway motor was registered in the name of such per­ July 15, 1962, through June 30, 1963. vehicle the first taxable use of which in Example (3). Assume the same facts as son; information showing whether such any taxable period beginning on or after those stated in Example (1), except that the vehicle was operated, while registered July 1, 1957, occurs in July of such tax­ X Transit Company commences operation of in the name of such person, in any prior able period, the person in whose name the transit system on April 15, 1963, and month in such taxable period; and if derives passenger fare revenue from opera­ such vehicle is registered at the time of such vehicle was so operated, evidence such use shall, after July and on or before tion of the system throughout the following establishing that such operation was not May and June. In such case the test pe­ August 31 of such taxable period, make riod is April, May, and June of 1963, and a taxable use. a return of the tax on the use of such if the test is met for this period, no tax is * * * * * vehicle for such taxable period. imposed on the use by the Company of any (6) In the case of a secondhand high­ (2) L i the case of any highway motor bus of the transit type in the period April way motor vehicle acquired at any time vehicle the first taxable use of which in 15 through June of 1963 or in the taxable period beginning on July 1, 1963. in the taxable period, evidence showing any taxable period beginning on or after whether there was a prior taxable use in July 1, 1957, occurs in a month of such P ar. 11. Section 41.4483-3 is amended such taxable period of the highway motor taxable period after July, the person in to read as follows: vehicle (see paragraph (b) of §41.4481- whose name the vehicle is registered at 2). For filing requirements of purchaser § 41.4483—3 Application of exemptions. the time of such use shall, after such of secondhand vehicle, see paragraph (b) month and on or before the last day of Any exemption from the tax on the of § 41.6011 (a )-1. the following month, make a return of use of a highway motor vehicle has ap­ ***** the tax on the use of such vehicle for plication only with respect to the use of (b) Transit systems. Every personsuch taxable period. such highway motor vehicle and not with engaged in the operation of a transit sys­ (c) Certain transit-type buses. In the respect to the highway motor vehicle as tem who claims exemption from tax with case of any bus of the transit type, the such. Furthermore, such exemption is respect to a transit-type bus shall keep first taxable use of which in any taxable subject to those provisions of paragraph records sufficient to show, with respect to period occurs prior to the close of the (c) of § 41.4481-1 relating to proration each taxable period, whether he meets test period (see paragraph (c) of of the tax and to the effect of an exempt the 60-percent passenger fare revenue § 41.4483-2) with reference to which use of a highway motor vehicle after a test (see paragraph (e) of § 41.4483-2) liability for the tax on the use of such taxable use has been made. Thus, if for the period prescribed as the test pe­ transit-type bus for such taxable period a taxable use is made of a highway motor riod (see paragraph (c) of § 41.4483-2) is determined, the person in whose name vehicle at any time in a taxable period, for such system for such taxable period. the bus is registered at the time of such the tax is imposed on the use of such ***** use shall, after such test period and on vehicle for such taxable period, com­ or before the last day of the following P ar. 13. Paragraphs (a) and (b) of puted from the first day of the month month (but in no event earlier than the § 41.6011 (a )-1 are amended to read as in which such taxable use occurred, even time prescribed in paragraph (a) (1) of follows: though at some time in the same tax­ this section for filing a return) make a able period, before or after such taxable § 4K6011(a)—1 Returns. return of such tax for such taxable pe­ use occurred, the use of the vehicle may (a) Every person in whose name a riod on the use of such transit-type bus. have been, or may be, exempt. For ex­ (d) Prior taxable use. Every person ample, if a highway motor vehicle is highway motor vehicle is registered at the time of the first taxable use of such who, pursuant to paragraph (b) of operated exclusively by a State in the § 41.601T(a)-l, is required to make a re­ period July 1 through September 10 of vehicle in any taxable period shall make a return of the tax on the use of such turn of the tax on the use of any high­ a taxable period, use of such vehicle in way motor vehicle for any taxable period such period is exempt from the tax. vehicle for such taxable period. Such return shall be made on Form 2290. shall make such return on or before the However, if a taxable use of the vehicle last day of the month following the (b) Every person (other than a per­ is made on September 11 of such taxable month in which such person is notified son required under paragraph (a) of period, the tax imposed on the use of by 4he district director that such return such vehicle for such taxable period is this section to make a return) in whose name any highway motor vehicle is reg­ is required. computed' from September 1. On the (e) Combined return. In the case of istered at a time during the taxable pe­ other hand, if a taxable use of the ve­ any person who, pursuant to paragraph riod when a taxable use of such vehicle hicle is made at any time in July of the (a ), (b ), or (c) of this section, is re­ occurs shall make a return of the tax taxable period, the tax imposed on the quired to report the tax on the use of on the use of such vehicle for such tax­ use of such vehicle for such taxable two or more highway motor vehicles able period on Form 2290 if the district period is computed from July 1, even within a prescribed time after the close director notifies such person that such though the vehicle may be operated ex­ of a particular month, such person shall tax has not been paid in full. The clusively by a State in every other month report the tax for the taxable period on amount to be reported as tax on such re­ of such period. the use of all such vehicles in a single turn with respect to the use of such ve­ P ar. 12. Section 41.6001-1 is amended hicle shall be the unpaid portion of the by revising the first sentence in para­ tax on the use of such vehicle for such * * * * * graph (a ), subparagraphs (3) and (6) of taxable period, measured from the first P ar. 15. Section 41.6091-1 is amended paragraph (a), and paragraph (b). day of the month in which occurred the to read as follows : These amended provisions read as fol­ first taxable use of such vehicle in such § 41.6091-1 Place for filing returns. lows: taxable period. The district director shall advise such person of the amount (a) Persons other than corporations. § 41.6001—1 Records. of such unpaid tax. For provisions re­ Each return of a person other than a cor­ (a) Records to be kept. Every person lating to the highway use tax liability poration shall be filed with the distri in whose name any highway motor ve­ for a taxable period of each person, where director for the internal revenue hicle having a taxable gross weight in more than one person is liable for such trict in which is located the princip excess of 26,000 pounds (see the sched­ tax, see § 41.4481-2. For provisions re­ place of business or legal residence ule of taxable gross weights prescribed lating to the payment of tax in install­ such person. If a person has no. j5 cipal place of business or residenc by § 41.4482(b)-l) is registered at any ments, see § 41.6156-1. legal in anv internal revenu© district, time in the taxable period shall keep ♦ * * # * Tuesday, June 23, 1964 FEDERAL REGISTER 7933 return shall be filed with the district (b ) Dates for paying installments. In the (c) Proration of additional tax to in­ director at Baltimore, Maryland; except case of any tax payable in installments by stallments. If an election has been reason of an election under subsection (a) — that if such person has a residence, a made under paragraph (a) of this section place of business, an office, or an agency (1) The first Installment shall be paid on the date prescribed for payment Df the tax, to pay the tax imposed by section 4481 outside of the United States, he shall file (2) The second installment shaU be paid in installments, and additional tax is his return with the Director of . Interna­ on or before the last day of the third month assessed on a return for such tax before tional Operations. following the calendar quarter in which the the date prescribed for payment of the (b) Corporations. Each return of a liability was incurred, last installment, the additional tax shall corporation shall be filed with the dis­ (3) The third installment (if any) shall be prorated equally to all the install­ trict director for the district in which is be paid on or before the last day of the sixth ments, whether paid or unpaid. That month following the calendar quarter in located the principal place of business or part of the additional tax so prorated principal office or agency of the corpora­ which the liability was incurred, and (4) The fourth installment (if any) shall to any installment which is not yet due tion. If a corporation has no principal be paid on or before the last day of the shall be collected at the same time and place of business or principal office or ninth month following the calendar quar­ as part of such installment. The part agency in any internal revenue district, ter in which the liability was incurred. of the additional tax so prorated to any the return shall be filed with the district (c) Proration of additional tax to in­ installment, the date for payment of director at Baltimore, Maryland; except stallments. If an election has been made which has arrived, shall be paid upon under subsection (a) in respect of tax re­ that if such corporation has a place of notice and demand from the district business, an office, or an agency outside ported on a return filed by the taxpayer and tax required to be shown but not shown on director. the United States, it . shall file its re­ (d) Acceleration of payment. If any turn with the Director of International such return is assessed before the date pre­ scribed for payment of the last installment, person elects under the provisions of this Operations. the additional tax shall be prorated equally section to pay the tax in installments, Par. 16. Section 41.6101-1 is amended to the installments for which the election any installment may be paid prior to to read as follows : was made. That part of the additional tax the date prescribed for its payment. If so prorated to any installment the date for an installment is not paid in full on or § 41.6101—1 Period covered by returns. payment of which has not arrived shall be before the date fixed for its payment, Each return shall cover a taxable collected at the same time as and as part of such installment. . That part of the addi­ the whole amount of the unpaid tax shall period as defined by paragraph (b) of tional tax so prorated to any installment be paid upon notice and demand from § 41.4482(c )-l. the date for payment of which has arrived the district director. Par. 17. Section 41.6151 (a )-1 is shall be paid upon notice and demand from (e) Interest in respect of installment amended to read as follows: the Secretary or his delegate. payments. Interest on an underpay­ (d ) Acceleration of payments. If the tax­ ment of an installment accrues from § 41.6151(a)—1 Time and place for payer does not pay any installment under paying tax. this section on or before the date prescribed the due date for the installment. Where the installment privilege has been ter­ The tax imposed by § 41.4481-1 re­ for its payment, the whole of the unpaid tax shall be paid upon notice and demand minated and the time for payment of quired to be reported on any return is from the Secretary or his delegate. remaining installments has been accel­ due and payable, to the district director (e) Section inapplicable to certain liabil­ erated by the issuance of a notice and with whom the return is required to be ities. This section shall not apply to any demand, interest on these installments filed. Such tax shall be paid in full at liability for tax incurred in— accrues from the date of such notice and the time prescribed in § 41.6071 (a )-T for (1) April, May, or June of any year, or demand. Interest on additional tax filing the return, unless the person re­ (2) July, August, or September of 1972. prorated as described in paragraph (c) quired to file the return elects to pay [Sec. 6156 as added by sec. 203(c) (1 ), Fed­ of this section accrues from the date the tax shown on the return in install­ eral-Aid Highway Act 1961 (75 Stat. 125)] prescribed for the payment of the first ments. For provisions relating to pay­ installment. For provisions generally ment of tax in installments, see § 41.- § 41.6156—1 Installment payments of applicable to interest on delinquent taxes 6156-1. For provisions relating to in­ tax on use o f highway motor vehicle. and installment payments, see section terest on underpayments, see thè regula­ (a) Privilege to pay tax in install­ 6601 and § 301.6601-1 of this chapter tions under section 6601 in Part 301 of ments. Except as provided in paragraph (Regulations on Procedure and Admin­ this chapter (Regulations on Procedure (f) of this section, the liability shown on istration). aud Administration). For provisions each return on Form 2290 may be paid (f) Liabilities to which election does relating to credits and refunds, see in equal installments, rather than by a not apply. The privilege to pay tax in §§ 301.6402-1, 301.6402-2, and 301.6402-4 single payment if the return is timely installments provided by section 6156, of this chapter (Regulations on Proce­ filed and the person filing the return shall not apply to any liability for tax dure and Administration). For provi­ elects in the return, in accordance with incurred in sions relating to abatements, see § 301.- the instructions contained therein, to (1) Any taxable period ending prior 6404—1 of this chapter (Regulations on pay the tax in installments. For the tax to July i, 1961, and Procedure and Administration). For liabilities of the parties to a transfer, provisions relating to limitations on (2) April, May, or June of any tax­ where a vehicle has been transferred able period, or credits or refunds, see §§ 301.6511(a)-l during the taxable period and there has and 301.6511 (b ) - l of this chapter (Reg­ (3) July, August, or September of been an election to pay tax in install­ 1972. ulations on Procedure and Administra­ ments, see § 41.4481-2. tion). (g) Cross references. For provisions (b) Dates for paying installments. In relating to overpayment of installments, f*AR- 18. There is inserted after § 41.- the case of any tax payable in install­ see § 301.6403-1 of this chapter (Regu­ 6151(a)—1, the following new sections: ments by reason of the election described lations on Procedure and Administra­ in paragraph (a) of this section, the tion) . §41.6156 Statutory provisions; install­ installments must be paid in accordance ment payments of tax on use of with the following table: P ar. 19. Section 41.7701 is amended by highway motor vehicles. revising section 7701(a) (12) and the Sec. 6156. Installment payments of tax historical note to read as follows: n use of highway motor vehicles— (a) Priv­ If the 1st install­ 2d install­ 3d install­ 4th install­ liability ment is ment is ment is ment is ilege to pay tax in installments. If the tax- was in­ due on or due on or due on or due on or § 41.7701 Statutory provisions; defini­ ^les a return the tax imposed by curred before the before the before the before the tions. in— last day last day last day last day fn 448 * on or hefore the date prescribed of— of— Sec. 7701. Definitions, (a ) * * * t r tlle hhng of such return, he may elect of— of— (12) Delegate— (A) In general. The term ina?*» ^ax shown on such return in equal “Secretary or his delegate" means the Sec­ ,ailments in accordance with the fol­ July____ Aug____ June. d in g table: Aug____ Sept____ June. retary of the Treasury, or any officer, em­ Sept____ June. ployee, or agency of the Treasury Depart­ The number of Oct_____ Nov__ ment duly authorized by the Secretary tn , ... installments Nov____ Dec...... (directly, or indirectly by one or more re­ ^ability is incurred in— shall be— Dec____ Jan_____ Jan..^... Feb— ... delegations of authority) to perform the o v '.^ ’W t , or September______4 Feb____ Mar __ _ function mentioned or described in the con­ ctober, November, or-December___ 3 Mar____ Apr_____ text, and the term “or his delegate" when January, February, or March______2 used in connection with any other official of 7934 RULES AND REGULATIONS the United States shall he similarly con­ appear to contain merchandise) or do­ ticle that is forwarded by surface. See strued. mestic post or postal cards bearing the § 113.4 (b ) and (c ), and § 121.8(b) con­ * * * • • sender’s request for return are returned cerning forwarding of domestic mail. [Sec. 7701 as amended by sec. 22 (g), Alaska to the foreign return address. Return is (2) The provisions of paragraph (a) Omnibus Act (73 Stat. 146); sec; 18(1), by surface mail only, and without pre­ (2) of this section apply in the case of Hawaii Omnibus Act (74 Stat. 416); sec. 103 payment of additional postage. Indica­ periodical publications addressed to per­ (t) of the Social Security Amendments 1960 tion of a foreign return address on sons who have filed change of address to (74 Stat. 941) ] registered or certified letter mail will be another country. (Sec. 7805 of the Internal Revenue Code of deemed to constitute a request on the ♦ * * * * 1954, 68A Stat. 917; 26 U.S.C. 7805) part of the sender that the letter is to N ote: The corresponding Postal Manual [P.R. Doc. 64-6228; Filed, June 22, 1964; be forwarded to the foreign return ad­ sections are 224.31 and 224.32. 8:52 a.m.] dress if it is not deliverable at the United (RJ3. 161, as amended; 5 US.C. 22, 39 U.S.C. States address. It further indicates that 501, 505) the sender thereby agrees in case of loss Louis J. D o y l e , of a registered letter after dispatch from General Counsel. Title 39— POSTAL SERVICE the United States to adjustment of [F.R. Doc. 64-6199; Filed, June 22, 1964; indemnity in accordance with the pro­ 8:48 a.m.] Chapter I— Post Office Department visions of § 162.2 of this chapter, irre­ PART 113— TREATMENT OF OUT­ spective of the amount of registry fee GOING POSTAL UNION MAIL paid. Articles or packages containing merchandise are held by the post office of Title 43— PUBLIC LANDS: PART 114— TREATMENT OF IN­ address and a report sent to the Depart­ COMING POSTAL UNION MAIL ment as provided in § 131.8(b) of this INTERIOR chapter. Treat other undeliverable do­ Forwarding Postal Union Mail mestic articles with foreign return ad­ Chapter II— Bureau of Land Manage­ dresses as dead mail. (See § 48.7(b) (1) ment, Department of the Interior The notice of proposed revisions in of this chapter.) ' § 113.4(h) and § 114.3 (a) and (b) of SUBCHAPTER C— MINERALS MANAGEMENT * * * * * Title 39, Code of Federal Regulations was (3000) published in the F ederal R eg ist e r of N ote: The corresponding Postal Manual [Circular No. 2146] section is 223.42. April 23, 1964, on pages 5476-5477. In­ PART 3610— MINERAL MATERIALS terested persons were given 30 days in II. In § 114.3 amend paragraphs (a) which to submit written comments with and (b) to read as follows: DISPOSALS respect to the proposal. Subpart 3612— Free Use The amendment of § 113.4(b) provides § 114.3 Forwarding. regulations to be followed for forwarding (a) Within the United States. (1) On page 8042 of the F ederal R egister domestic mail when the addressee has Articles received by surface may be for­ of August 7, 1963, there were published moved to another country and for han­ warded by surface and articles received a notice and text of a proposed amend­ dling mail bearing a foreign return by air may be forwarded by air, without ment to Part 259 of Title 43, Code of &ddr6SS( an additional postage charge or fee, un­ Federal Regulations. The amendments of § 114.3 (a) and (b) less the envelope or wrapper bears a no­ The purpose of the amendment is to limit the redirection and forwarding of tation forbidding its being forwarded. designate all public lands administered periodical publications which can not be (2) Second-class publications from by the Bureaus of Land Management and delivered because the addressee has Canada are treated in accordance with Reclamation except those public lands at moved to another address to a period of t § 48.2(b) (1) through (3) of this chapter. constructed Reclamation reservoirs, as three months after the change of addres­ A periodical publication from any other free use areas for the collection by in­ see occurs. country whose delivery requires that it be dividuals of petrified wood for recrea­ No comments were received by the De­ forwarded to another local address or to tional and scientific purposes, and to pro­ partment with respect to the proposed another post office shall be forwarded vide for the designation of additional regulations. Accordingly, the Depart­ and the addressee shall be requested to free use areas and for the modification ment adopts the proposal as so published notify the publisher of his new address. or cancellation of any designated areas. subject to a minor editorial change in If the publication is still being received It also establishes basic rules for collec­ § 113.4(b) (2). As so adopted, the three months after the change of address tion of specimens on public lands under amendments read as follows: occurs, the post office of original address the jurisdiction of the Secretary of the I. In § 113.4, amend paragraph (b) towill send a complete copy, with a nota­ Interior and permits the promulgation or read as follows: tion of the new address of the addressee, additional -rules as needed. to the International Service Division, Interested persons were given 30 days § 113.4 Forwarding. Bureau of Transportation and Interna­ srithin which to submit written com- * * * * * tional Services, Post Office Depart­ nents, suggestions or objections to tne »roposed amendment. Numerous com- (b) Domestic— (1) Addressee moved ment, Washington, D.C., 20260, for attention of the sender through the pos­ nents were received and have been care- to another country. Domestic post or ully considered and discussed with rep­ tal authorities of the country of mailing. postal cards and ordinary letters (except resentatives of the mineralogical federa- those that appear to contain merchan­ Thereafter, any copies received with the old address shall be disposed of as waste, ,ions. The suggestions received have iea dise) addressed to persons who have filed o revision of the proposal and cha s a change of address to another country except that publications bearing the re­ quest of sender for return shall be en­ n the following sections: are redirected and forwarded to the for­ (1) All sections have been /enum- eign address unless they bear a notice dorsed “Moved”, “Not Forwardable” and returned to origin. )ered, retitled and rearranged in oraei forbidding forwarding. They are for­ ,0 conform to the recodification pun­ warded by surface if surface mail is in­ (b) To another country. (1) Articles ished in the F ederal R egister on Marcn volved and by air if air mail is involved, can be forwarded on Condition that the 51, 1964. (29 F.R. 4301) without prepayment of additional post­ country of destination accepts mail of the classification involved. Articles re­ (2) In order to coordinate the free-use age. Credit is allowed for the postage mthorizations of the regulations, an already on the articles, and only the ceived by either surface or air, which do not bear instructions forbidding their be­ issure that free use permits may deficiency will be collected on delivery. ;ued for the removal of specimens Domestic mail, other than post or postal ing forwarded, are. forwarded by sur­ face without an additional postage charge lisplay in museums and similar ins cards and ordinary letters which appear ;ions, the language of § 3612.1-2 (a) has to contain no merchandise, shall be or fee. United States postage at the treated as undeliverable. (See Part 48 airmail rate to the country concerned leen amended. . ,, o11„w„ must be paid on any article that is for­ (3) To increase the daily weight al of this chapter.) mce and the maximum yearly allowance, warded by air. Cross out the Par Avion (2) Bearing foreign return address. t 001 o 1 Hai* hf»en amenaea. Any domestic letters (except those that label or endorsement on an airmail ar­ Tuesday, June 23, 1964 FEDERAL REGISTER 7935

(4) In order to specify the types of nance of a source of materials for pri­ pal means of transportation, may be used tools and equipment which may and may vate and public collections, maintenance for hauling purposes. not be used in the excavation and re­ for the general public of areas for the (3) Petrified wood obtained under this moval of petrified wood, subparagraph pleasure of hunting for petrified wood section must be for personal use and may (2) has been added to § 3612.1-3. specimens, and protection of other re­ not be bartered or sold to commercial (5) A new subparagraph (3) has been sources and projects on the lands. Sub­ dealers. added to §3612.1-3 (a) to establish part 3611 provides for purchase of petri­ (4) Collection of specimens under the clearly the distinction between permitted fied wood for commercial purposes. authority of this act must be accom­ uses of petrified wood obtained under (b) Designation of free use areas. plished in a manner that avoids un­ this section and under other sections of (1) All public lands administered by the necessary soil erosion or needless dam­ the regulation. Bureaus of Land Management and Rec­ age to the land or resources. In addition, this amendment rear­ lamation, except those public lands at (b) Additional rules. The head of ranges and renumbers the existing sec­ constructed Reclamation reservoirs, the Bureau having jurisdiction over a tions in Subpart. 3612 relating to other within the Department of the Interior free use area, or his delegate, may es­ minerals, without making any substan­ are open for free use removal of petri­ tablish and publish additional rules for tive changes, in order to coordinate them fied wood with the exception of specific the free use of petrified wood for non­ with the provisions on petrified wood. areas which may be closed to such col­ commercial purposes, to supplement Therefore, this amendment completely lections by public notice or are otherwise those included in paragraph (a) of this recodifies Subpart 3612 and all existing closed to public entry. Free use areas section. material is superseded. under the jurisdiction of said Bureaus The amended regulations are adopted may be modified or cancelled by notices § 3612.2 Free use o f mineral materials as set forth below and will become effec­ published in the F ederal R egister. generally. tive upon publication in the F ederal (2) The heads of other Bureaus in the § 3612.2—1 Program. Register. Department of the Interior, or their dele­ (a) Permits to governmental units. Subpart 3612— Free Use gates, may publish in the F ederal R eg­ ister designations, modifications, or can­ A free-use permit may be issued to any Sec. cellations of free use areas on lands under Federal or State agency, unit, or subdi­ 3612.0- 3 Authority. their jurisdiction: vision, including municipalities, without 3612.1 Free use of petrified wood by indi­ (3) The Secretary of the Interior, or limitation as to the number of permits viduals. or as to the value of the mineral mate­ 3612.1- 1 Program. his delegate, may designate, modify, or 3612.1- 2 Procedures. cancel free use areas on public lands rials to be extracted or removed, pro­ 3612.1- 3 Rules for collection of specimens. which are under the jurisdiction of other vided that the applicant makes a satis­ 3612.2 Free use of mineral materials gen­ Federal departments or agencies other factory showing to the authorized officer erally. than the Department of Agriculture with that such materials will be used for a 3612.2- 1 Program. the consent of the head of such other public project. Such permits will con­ 3612.2- 2 Procedures. Federal department or agency concerned^ stitute a superior right to remove the 3612.2- 3 Permits. F ed­ materials and will continue in full force 3612.2- 4 Removal of minerals and improve­ upon publication of notice in the ments. eral R egister. and effect, in accordance with its terms (4) This section does not apply to and provisions, as against any subse­ Authority : The provisions of this Subpart lands under the jurisdiction of the Secre­ quent claim to or entry of the lands. 3612 issued under 61 Stat. 681, as amended, tary of Agriculture. (b) Permits to non-profit organiza­ 30 U.S.G. 601; 48 Stat. 1269, as amended, 43 tions. A free-use permit issued to a U.S.C. 315; § 2, 76 Stat. 652, 30 U.S.C. 611, § 3612.1—2 Procedures. subnote, r non-profit association or corporation may not provide for the disposition of § 3612.0—3 Authority. (a) Permits: No application or permit for free use is required except for speci­ mineral materials having an in-place (a) Free use of mineral materials in mens oyer 250 pounds in weight. Per­ value in excess of $100 during any one general. Reference § 3610.0-3 for full mits to individuals for the removal of calendar year. Such permittee is citation of authority for free use disposal such specimens which the applicant granted a right to remove materials of mineral materials. Certifies will be displayed to the public while the permit remains in force and, (b) Free use of petrified wood by indi­ in a museum or similar institution may in accordance with the provisions of viduals. Section 2 of the act of Septem­ be issued by the authorized officer under the permit, as against a subsequent ap­ ber 28, 1962 (76 Stat. 652) requires that the terms of § 3612.2. plicant who may wish to obtain the the Secretary of the Interior shall pro­ same mineral material by purchase. vide by regulation that limited quanti- § 3612.1—3 Rules for collection o f speci­ However, the mineral materials may not Petrified wood may be removed mens. be removed by the permittee after the without charge from those public lands land has been included in a valid claim (a) General. The following rules shall by reason of settlement, entry, mining Which he shall specify. Section 2 of govern the removal without charge of location or similar rights obtained under said act applies to the same public lands specimens from public lands adminis­ the public land laws. ofi ac^ July 31, 1947, as amended tered by the Department of the Interior: io j • t- 681^ • Specifically excluded are (1) The maximum quantity of petri­ § 3612.2—2 Procedures. lands in any national park, or national fied wood that any one person is allowed Monument, or any Indian lands. The to remove without charge per day is 25 (a) Applications. An application for secretary of the Interior has no author­ pounds in weight plus one piece, pro­ permit, in duplicate, must be made on ity under those statutes over lands under vided that the maximum total amount Bureau approved forms and filed in any e jurisdiction of the Secretary of Agri­ that one person may remove in one office or with any employee of the Bu­ culture. calendar year shall not exceed 250 reau of Land Management authorized to issue a permit. 3612.1 Free use o f petrified wood by pounds. Pooling of quotas to obtain individuals. pieces larger than 250 pounds is not (b) Term. Permits shall be granted for periods not to exceed one year and § 3612.1—1 Program. allowed. (2) Except for the removal of museum shall terminate on the expiration dates (a) General. To implement the policy pieces under permit issued pursuant to shown therein unless extended by the «J S P W S C these regulations have been § 3612.2, no explosives and no power authorized officer, such extension not to ^ued, authorizing the collection for equipment, including but not limited to exceed one year. However, the author­ = ? . ^ ercial Purposes of limited tractors, bulldozers, plows, power- ized officer may grant permits to any eniiJf les °* Purified wood by amateur shovels, trucks or semi-trailers, may be Federal, State, or Territorial agency, uectors and by scientists, under terms used for the excavation or removal of unit, or subdivision including municipali­ conditions which will be consistent petrified wood obtained under the free ties, for such periods as he may deem ap­ as o pr®s.erv&tion of significant deposits use privilege. However, light trucks, up propriate, not to exceed 10 years. The a public recreational resource for the to one ton capacity, used in connection permittee must notify the officer in Joyment of the general public, mainte­ with campers or trailers or as a princi- charge upon completion of removal. 7936 RULES AND REGULATIONS

(c) Assignment. A free-use permitMaking (FCCT 64-391) issued in this pro­ argues that since Norfolk is even farther issued under this section may not be ceeding on May 1, 1964, in which com­ from Lincoln than is Columbus that the assigned. ments were invited on a proposal to removal of the “interference” problem switch Channels 245 and 266 between from Columbus to Norfolk would make § 3612.2—3 Permits. Columbus and Norfolk, Nebraska. It it worse for the viewers in the Norfolk (a) Conditions. A free-use permit, on was also pointed out in the Notice that area. W JAG suggests that ah alterna­ a form approved by the Director, shall since Station K JSK -FM is authorized to tive solution, which would be more satis­ incorporate the provisions, if any, gov­ operate on Channel 245 in Columbus, it factory, would be the assignment of erning the selection, removal, and use of would be necessary to modify the au­ Channel 294 to Norfolk rather than the the mineral materials. Free-use permits thorization for that station to specify proposed Channel 245. They point out shall not be issued where the applicant operation on Channel 266 in lieu of 245. that the only possibility of television in­ owns or controls an adequate supply of Comments were filed by Comhusker terference from this assignment would the mineral materials to meet his needs. Television Corp., KJSK, Inc., and WJAG, be to the reception of Channel 13 from The material applied for must be for the Inc. Sioux Falls but that due to the large applicant’s own use and may not be 2. Comhusker Television Corporation, distance from that city to Norfolk (110 bartered or sold. No mineral materials licensee of television Station K O LN -T V miles) there are no substantial numbers shall be removed until the permit is on Channel 10 at Lincoln, Nebraska, of viewers of this station in Norfolk. A issued. states that Station K O LN -T V places a showing was made that Channel 294 (b) Bond. A bond satisfactory to the Grade A signal over the city of Columbus, could be assigned to Norfolk in full con­ authorized officer may be required as a at a distance of about 45 miles from its formance with all the rules. guarantee of faithful performance of the transmitter, and that ever since FM 5. W e have on several_occasions stated provisions of the permit and applicable Station K JSK -FM commenced program that we believe the type of “interference” regulations. tests about February 19, 1964, hundreds described in the subject petition is ba­ (c) Cancellation. The authorized of­ of residents in and outside of the city sically a problem of transmitter and ficer may cancel a permit if the permittee of Columbus have been experiencing receiver design and ordinarily not a fails to observe its terms and conditions, interference tojthe reception of K O L N - factor in the assignment of FM channels. or if the permit has been issued TV. They point out that the second W e have, however, in the past made erroneously. harmonic of the FM signal falls very changes in assignments where a simple close to the picture carrier of K O LN -T V solution to the problem was found to be § 3612.2-4 Removal of minerals and and that the interference caused is of acceptable to all the parties concerned. improvements. two origins, direct second harmonic The proposed solution is simple and does (a) Conservation practices. All min­ radiation from the transmitter, and not adversely affect any other station or eral materials disposed of under free-use overloading of TV receivers near the the public interest. The proposed shall be extracted or removed in accord­ transmitter causing the generation of the amendment would assign Channel 266 to ance with approved conservation prac­ second harmonic within the TV receivers Columbus. In a pending proceeding, tices so as to preserve to the maximum themselves. Due to the widespread Docket No. 15341, an interested party has extent feasible all scenic, recreational, nature of the interference, the difficulty proposed that Channel 268 be assigned watershed, and other values of the land of removing the interference, and the to Grand Island, Nebraska. The assign­ and resources. availability of a simple solution to the ment of Channel 266 to Columbus would (b) Removal by agent. A free-use problem by a shift in assignments, they be somewhat short-spaced to the pro­ permittee may procure the mineral urge that the instant proposal be expe­ posed assignment in Grand, Island. materials by agent. Such agent shall dited by the Commission. Comhusker There are a number of other assignments not, however, be paid more than fair notes that Norfolk is about twice as far which can be made to Grand Island and compensation for the time, labor, and removed from the K O LN -T V trans­ one of these will be assigned to that com­ money expended in procuring the mate­ mitter as is Columbus; that it is beyond munity instead of Channel 268. We are rial and processing it, and no charge the Grade B contour of the station; and therefore of the view that the proposed shall be made for the material itself. that a site for Channel 245 in Norfolk amendment as modified by the WJAG No part of the material may be used in could carefully be selected away from the counterproposal should be adopted. payment for services in obtaining or populous Norfolk area; and for these 6. Authority for the adoption of the processing it. reasons the use of Channel 245 in Nor­ amendments proposed herein is con­ (c) Removal of improvements. Upon folk would not present any problem as tained in sections 4(i), 303, and 307(b) expiration of the permit period the per­ far as K O LN -T V is concerned. They of the Communications Act of 1934, as mittee will be given 90 days to remove add, however, that they have no objec­ amended. equipment, personal property, and any tion to the use of any other assignment 7. In view of the foregoing: It is improvements he has placed on the land, in Norfolk such as'Channel 290 or 294. ordered, That effective July 24,1964, the except roads, culverts, and bridges which 3. KJSK, Inc., permittee of radio Sta­ FM Table .of Assignments contained in are to be left in place and in good con­ tion KJSK-FM on Channel 245 in Colum­ § 73.202 of the Commission’s rules and dition, and which will become the bus, Nebraska, supports the proposed regulations is amended, insofar as the property of the United States upon ex­ substitution of Channel 266 for 245 in communities named are concerned, to piration of the 90-day removal period. Columbus. It states that it has con­ read as follows: Channel S tewart L. U dall, structed K JSK -FM on Channel 245 in full accord with its authorization; that No. Secretary of the Interior. City 266 the “interference” which developed was Columbus, Nebraska. 294 Ju n e 17, 1964. due to a phenomenon of overloading in Norfolk, Nebraska— [FJR. Doc. 64-6191; Filed, June 22, 1964; the TV receivers beyond its control; and 8. It is further ordered, That effective 8:47 a.m.] that in order to accommodate the li­ ly 24, 1964, and pursuant to section censee of K O LN -T V and its viewers in 6(a) of the Communications Act oi the area it supports the instant proposal. 34, as amended, the outstanding con- Title 4 ?— TELECOMMUNICATION It urges that at the same time as the •uction permit held by KJSK, Inc., o Chapter I— Federal Communications switch in channels is made that its au­ dio Station KJSK-FM is modified to Commission thorization be modified to specify the new ecifv oDeration on Channel 266 in channel in order that it may provide the [Docket No. 15452, RM-586; FCC 64-549] needed FM service with the least possible conditions: , . __, +v.„ PART 73— RADIO BROADCAST disruption. (a) The permittee shall infonn tne SERVICES 4. WJAG, Inc., prospective applicant Commission in writing by July for a new FM station in Norfolk, Ne­ of its acceptance of this modification. Table of Assignments, FM Broadcast braska, opposes the assignment of Chan­ (b) The permittee shall submit to tn Stations, Columbus and Norfolk, nel 245 to Norfolk. It submits that a Commission by July 13,1964, all the t Nebraska recent survey reveals that at least 50% nical information normally requF® ,, n the issuance of a modified constru 1. The Commission has before it for of the people interviewed watched Chan­ nermit for operation on Channel 2 , consideration its Notice of Proposed Rule nel 10 in Lincoln on a regular basis. It Tuesday, June 23, 1964 FEDERAL REGISTER 7937

eluding any changes in antenna and transmission line. (c) The permittee may continue to operate on Channel 245 under its out­ standing program test authority until, upon request by the permittee, the Com­ mission authorizes interim operation on Channel 266, following which the per­ mittee shall submit (within 30 days) the measurement data normally required of an applicant for an FM broadcast sta­ tion license. (Sec. 4, 48 Stat. 1066, as amended; 47 U.S.C. 154. Interpret or apply secs. 303, 307, 48 Stat. 1082, 1083; 47 U.S.C. 303, 307) Adopted: June 17,1964. Released: June 18,1964.

F ederal C ommunications C o m m i s s i o n , [ s e a l ] B e n F . W a p l e , Secretary. [F.R. Doc. 64-6212; Filed, June 22, 1964; 8:50 a.m.] 2. Section 3222.6-2 is amended to read so handled by such handler during such DEPARTMENT OF THE INTERIOR as folows: fiscal period. All persons who desire to submit writ­ Bureau of Land Management § 3222.6—2 Suspension o f operations ten data, views, or arguments in connec­ and production. tion with the aforesaid proposals shall [43 CFR Parts 3221, 3222] (a) Upon , a showing of the need and file the same, in quadruplicate, with the MINERAL LEASING ON ACQUIRED upon application therefor, filed in trip­ Hearipg Clerk, United States Department LANDS licate in the office of the Regional Min­ of Agriculture, Room 112, Administra­ ing Supervisor and a copy filed in the tion Building, Washington, D.C., 20250, Notice of Proposed Rule Making proper land office, the lessee may be not later than the 10 th day after the granted a suspension of the operating publication of this notice in the F ederal Basis and purpose. Notice is hereby and/or producing requirements of the R egister. All written submissions made given, that, pursuant to the authority lease. A rentalun lieu of royalty of not pursuant to this notice will be made vested in the Secretary of the Interior less than $1 per acre shall be paid an­ available for public inspection at the of­ by R.S. 2478 (43 U.S.C. 1201), it is pro­ nually during the period of suspension. fice of the Hearing Clerk during regular posed to amend the regulations con­ The period of suspension shall be speci­ business hours (7 CFR 1.27(b)). tained in 43 CFR 3221.4(f) and 3222.6-2 fied in an appropriate order of the Secre­ Terms used in the amended marketing as set forth below. The purpose of the tary or his authorized representative. agreement and order, shall, when used amendments is to provide for a mineral (b) Notwithstanding the provisions of herein, have the same meaning as is lease of not exceeding 20 years and for the preceding paragraph, the Secretary, given to the respective term in said modification of the regulations pertain­ in the interest of conservation of natural amended marketing agreement and or­ ing to suspensions of operations and resources, may suspend all operating and der. v production under the lease terms. producing requirements and waive, sus­ (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. The proposed amendment relates to pend, or reduce the rental or minimum 601-674) matters which are exempt from the rule royalty. making requirements of the Administra­ Stewart L. U dall, Dated: June 18, 1964. tive Procedure Act (5 U.S.C. 1003). Secretary of the Interior. A rthur E. B rowne, However, it is the policy of the Depart­ June 17,1964. Acting Director, Fruit and Veg­ ment that, wherever practicable, the etable Division, Agricultural rule making requirements be obsefved [F.R. Doc. 64-6192; Filed, June 22, 1964; Marketing Service. voluntarily. Accordingly, interested per­ 8:48 a.m.] sons may submit written comments, sug­ [F.R. Doc. 64—6234; Filed, June 22, 1964; 8:52 a.m.] gestions, or objections with respect to the proposed amendments to the Bu­ reau of Land Management, Washington, DEPARTMENT OF AGRICULTURE [ 7 CFR Part 1131 ] D.C., 20240, within 30 days of the date Agricultural Marketing Service [Docket No. AO-271-A7] of publication of this notice in the Fed­ eral R egister. 17 CFR Part 922 1 MILK IN CENTRAL ARIZONA 1. Paragraph (f) of § 3221.4 is amend­ MARKETING AREA ed to read as follows: APRICOTS GROWN IN WASHINGTON Decision on Proposed Amendments to §3221.4 Reward for discovery; prefer­ Proposed Approval of Expenses and Tentative Marketing Agreement ence right lease; bond. Fixing of Rate of Assessment for and to Order * * * * * 1964-65 Fiscal Year Pursuant to the provisions of the Agri­ (f) The terms and conditions of the cultural Marketing Agreement Act of lease, including the royalty rates, will Consideration is being given to the fol­ 1937, as amended (7 U.S.C. 601 et seq.), be established on an individual case lowing proposals submitted by the Wash­ and the applicable rules of practice and basis. If minerals other than that speci­ ington Apricot Marketing Committee, es­ procedure governing the formulation of fied in the. issued lease should be dis­ tablished under the marketing agree­ marketing agreements and marketing covered and mined by the lessee, an ap­ ment, as amended, and Order No. 922, orders (7 CFR Part 900), a public hear­ plicable royalty rate will be established as amended (7 CFR Part 922), regulating ing was held at Phoenix, Arizona, on by the lessor for such mineral. The the handling of apricots grown in Wash­ February 11-12, 1964, pursuant to notice lessee will be required to post a lease ington, effective under the applicable thereof issued on January 20, 1964 (29 bond on a form approved by the Director provisions of the Agricultural Marketing before the lease will be executed by the Agreement Act of 1937, as amended (7 F.R. 611). Upon the basis of the evidence intro­ Government. The lease will be issued U.S.C. 601-674), as the agency to ad­ duced at the hearing and the record for a period not exceeding 20 years, the minister the terms and provisions thereof, the Deputy Administrator, Agri­ term to be determined upon the advice thereof : cultural Marketing Service, on June l, of the agency having jurisdiction over (a) That the Secretary of Agriculture 1964 (29 F.R. 7286; F.R. Doc. 64-55 the surface and the United States Geo­ find that expenses that are reasonable filed with the Hearing Clerk, United logical Survey. “The lessee will be grant­ and likely to be incurred by said com­ mittee, during the fiscal period begin­ States Department of Agriculture, ni ed a right of renewal for successive recommended decision containing no­ periods, not exceeding 10 years each, ning April 1,1964, and ending March 31, tice of the opportunity to file written under such reasonable terms and condi­ 1965, to enable it to perform its functions tions as the Secretary of the Interior in accordance with the provisions of the exceptions thereto. The material issues, findings and co - may prescribe, including the revision of said amended marketing agreement and elusions, rulings, and general ftodmgit or imposition of stipulations for the pro­ order will amount to $5,469. the recommended decision (29 F.R. tection of the surface of the land as may (b) That the Secretary of Agriculture F.R. Doc. 64-5532) are hereby approvea be required by the agency having juris­ fix, , as thé ^hare of such expenses which and adopted and are set forth n* diction thereover. An application for each handler who first handles apricots Vipvpin snhiftc.t to the following mo renewal of the lease must be filed in a shall pay during the fiscal period ending manner similar to that prescribed for March 31, 1965, in accordance with the tions. _«,» Changes are made in the fifth P , extension of a permit in § 3221.3(a) and applicable provisions of said amended aph of Issue No. 1 and in th the provisions of § 3221.3(b) are appli­ marketing agreement and order, the rate iragraph of Issue No. 4. cable to leases. of assessment of $0.70 per ton of apricots 7938 Tuesday, J u n e 23, 1964 FEDERAL REGISTER 7939

The material issues on the record of purchased in 1962, f.o.b. Phoenix, was tial should be maintained at $2.30 but the hearing relate to: about equal to the Class I price but in the monthly differentials should be set 1. Class I price and seasonal adjust­ 1963 for the months of September, Oc­ at $2.10 for the months of March ment of blend price. tober and November when imports to­ through June and $2.40 in all other 2. Class II price. taled three and one-half million pounds, months. 3. Transfers made by a cooperative the average cost was $5.85 per hundred­ Some additional price incentive to at­ association. weight, 43 cents more than the average tract a greater milk supply beginning in 4. Definition of a fluid milk product. Class I price in that period. July is needed this year. The adoption 5. Interest on overdue obligations. There are no Federal order markets of the proposed seasonal prices, if effec­ A proposal to eliminate the plus price from which Class I milk can be obtained tive July 1, 1964, would raise the Class differential applicable to milk delivered for the Central Arizona area for less than I price only 10 cents per hundredweight to plants located at Tucson, Arizona, the present Class I price. The Class I from June to July this year. An addi­ relative to the price for deliveries at price under the Central Arizona order tional temporary increase of 10 cents Phoenix and Salford, Arizona, appeared for milk delivered to plants located at per hundredweight for the months of in the hearing notice. Since no evidence Phoenix in 1963 was less than the Class July through December this year will with respect to this proposal was offered I price in other Federal order markets emphasize the need for an immediate in­ at the hearing, it will receive no further plus the cost of transporting milk from crease in milk supply during this period. consideration in this decision. such markets to Phoenix. Using a trans­ The proposed Class I price will also be Findings and Conclusions. The fol­ portation cost factor of one and one- nearer to the cost of milk imports which lowing findings and conclusions on the half cents per hundredweight per 10 are expected to be needed again this material issues are based on evidence miles the Central Arizona price was un­ year. presented at the hearing and thg record der the other market Class I price plus Current trends in milk production and thereof: transportation cost by the following sales indicate the market will be at least 1. Class I price and seasonal adjust­ amounts: Great Basin, 79 cents; Wichita, as short of milk in the last half of 1964 ment of blend price. The Class I price 79 cents; Ozarks, 60 cents; Minneapolis- as it was the last part of 1963. Class I provisions should be amended to provide St. Paul, 96 cents; Texas Panhandle, 89 sales in the Central Arizona area this seasonally variable prices and a tem­ cents and Rio Grande Valley, 60 cents. year are expected to show another in­ porary increase of 10 cents per hundred­ Handler witnesses claimed that milk crease continuing the rise in sales in weight should be effective for the period could be obtained from California at a line with population growth. Receipts July 1964 through December 1964. This cost no greater than the present Class I of milk from producers in recent months should be accomplished by the adoption price. However, these witnesses had no have shown a lower rate of increase than of Class I price differentials which are figures on cost of milk actually pur­ the rise in Class I sales. Higher con­ added to the basic formula price of $2.10 chased since each handler has relied on centrate feed costs and the sharp in­ for the months of March through June the United Dairymen of Arizona to fur­ crease in the cost of hay compared to and $2.40 for all other months. For the nish him milk as he needed it, including last year will tend to curb production. months of July 1964 through December the importation of milk when necessary. Hay prices in the Central Arizona area 1964 the differential should be $2.50. The witness for United Dairymen of Ari­ are increased by special costs attributa­ The automatic supply-demand adjustor zona testified that he purchased milk at ble to necessary measures which must be should be made ineffective for the the lowest prices at which it was obtain­ taken to be sure that hay is not con­ months of July, August and September able when he needed it. The average taminated by pesticides used in the cul­ 1964. No seasonal adjustment of the cost of California milk purchased by ture of cotton and fruit and vegetable blend price should be adopted on tins United Dairymen of Arizona exceeded crops. Also, grazing of pastures is not record. ' : the Central Arizona Class I price by 33 possible in some instances after the Three cooperative associations of pro­ cents per hundredweight in September spraying season starts. The pesticide ducers representing most of the pro­ 1963, by 67 cents in October 1963 and by problem is particularly acute in Arizona ducers supplying the Central Arizona 57 cents in November 1963. There were where farm milk sales rank far below milk market proposed an increase of 20 no purchases of California milk in De­ crops such as cotton lint and lettuce cents per hundredweight in the Class I cember 1963 and cost data on January In terms of total cash receipts from mar­ price level and an increase in the supply- 1964 imports were not Available at the ketings. Cash receipts from milk mar­ demand adjustor norms to prevent minus hearing. ketings in 1962 were 22 million dollars as adjustments until the ratio of producer The tightening of the supply-Class I compared to 140 million for cotton lint receipts to Class I sales exceeded 125.5 sales condition during the July-Febru- and 49 million for lettuce. percent. The cooperatives proposed the ary period is reflected in the percentage The lowering of Class I prices in the annual increase in the norms be ap­ of producer milk used in Class I during March-June period will tend to correct plied seasonally to provide the greatest those months. In July 1960-February the tendency toward increasing producer increases in the pricing months of June 1961 and in the same months the follow­ receipts relative to Class I sales in that through October, with a decrease of one ing year, the percentage of producer period. The trend toward greater sea­ percent in February #and March and no milk used in Class I was 82. In July sonal production in this period is the increase or smaller increases in other 1962-February 1963 the percentage principal basis for the producers’ request months. They also proposed a seasonal climbed to 84 and July 1963-February that the supply-demand adjustor norms adjustment of the blend price to be ac­ 1964 was 85. Official notice is taken of be raised to accommodate the increased complished by withholding 10 cents per the official announcements of the mar­ production. hundredweight from the pool fund in ket administrator concerning February The proposed changes in the schedule each of the months of November through 1964 data. of receipis-sales ratios used in computing June and paying out the withheld funds On the other hand, the percentage of the supply-demand adjustor should not in equal amounts during the immediately producer milk used in Class I during be adopted. The norms proposed by the following months of July through Octo­ the months of March-June 1963 was 77 cooperative were calculated at a level ber. Handlers opposed any change in percent, lower than in the same period three percentage units higher than the the Class I price provisions. of any other year since 1956 with the norms presently provided. The annual The present Class I price differential exception of 1961 when the percentage averages of the norms now provided are of $2.30 effective each month of the was 76. 115.5 minimum and 122.5 maximum. As year has not brought forth an adequate It appears that any price incentive for heretofore concluded, there appears to supply of milk for the market during greater milk production should be con­ be no need for an increase in the annual all months. The United Dairymen of fined to the months of July through level of milk supply for the market. A realignment of the supply seasonally is Arizona imported milk for handlers who February. With some realignment of needed and the price structure proposed needed it for fluid product sales in the supply seasonally to more nearly match herein should encourage a shift in sea­ nionths of February, September, Octo­ the needs for Class I sales, no permanent sonal supply to fit more nearly the Class ber and November 1962, January 1963 increase in the annual level of milk sup­ I sales needs. The witness for producers and in each of the months of July 1963 ply should be needed. Therefore, the testified that the present production pat­ through January 1964. The cost of milk annual level of the Class I price differen­ tern is not geared to Class I require- No. 122------5 7940 PROPOSED RULE MAKING

ments. He pointed out that if annual The cost of nonfat dry milk, at the In some instances, the cooperative as­ supplies were delivered in line with Class Government support price level of 14.40 sociation is able to direct the delivery of I uses, imports could be reduced cents per pound, is equal to $1.22 per milk in its trucks from the farm to the substantially. 100 pounds of liquid skim milk contain­ plant where it is needed for fluid sales The proposed change in the norms was ing 8.5 pounds of nonfat milk solids. But not all its member milk is moved largely to accommodate the bulge in pro­ At 18 cents per pound, the price Central from the farms to pool plants in trucks duction which has occurred in the Arizona Dairymen charged for nonfat it controls. Handlers operating pool March-June period. The supply-sales dry milk, 100. pounds of reconstituted plants have been willing to release milk ratios in those months affect the supply- skim milk containing 8.5 poûnds nonfat from their plants when the cooperative demand adjustor applicable to' prices for solids would be $1.53. Thé average order could move the milk to another plant the following July through September. price per 100 pounds of skim milk used in where it would be used in Class I. Under If the pricing plan proposed herein ac­ cottage cheese in 1963 was $0.85 and the such circumstances, the cooperative complishes its purpose (retarding in­ price proposed herein would have aver­ moves the milk in its own trucks and has creases in supply during March-June and aged $0.96 in that period. been hauling the milk to its own plant encouraging increases in July-February) Cottage cheese made in California and then reloading it for transfer to the the norms proposed by producers to re­ plants appears to be the lowest cost second plant. This hauling is costly be­ flect the 1963 production pattern would source from which handlers might ob­ cause the cooperative’s plant is some dis­ be inappropriate. tain their cottage cheese if producer milk tance from most of the pool distributing We must recognize that the proposed were not available. One handler testi­ plants. seasonal pricing plan cannot influence fied that skim milk for use in cottage Since the milk moved in this manner the supply-sales ratios during M arch- cheese could be purchased at Los An­ between plants is controlled by the co­ June this year. Hence, the oversupply in geles, California, plants for $1.02 per 100 operative, it can be accounted for by the that period could bring minus adjust­ pounds. Another handler testified that cooperative the same as other receipts ments again this year as it did in 1963 skim milk used in cottage cheese in and dispositions at the cooperative’s during the months immediately follow­ plants in the San Joaquin Valley of Cali­ plant. . Hence, the milk so moved in ing. It is proposed, therefore, that the fornia is priced at about $0.98 per 100 trucks controlled by the cooperative supply-demand adjustor provisions be pounds. The cost of transporting should be accounted for and classified ineffective in 1964 during the months of cheese from Los Angeles was quoted at as if transferred by the pool plant op­ July through September. $0.0144 per pound. No quotation on erator to the cooperative’s pool plant and The proposal to adjust the blend price cost of transporting cheese from the San then by the cooperative to the second seasonally by withholding 10 cents'per Joaquin Valley was available. pool plant. hundredweight on Class I sales in the One handler testified that the rela­ 4. Definition of a fluid m ilk product. months November through June and tively low nonfat solids content of Ari­ The definition of “fluid milk product” paying out such funds to producers in zona milk makes it necessary to add should be amended to state clearly that equal amounts through the blend prices nonfat dry milk to the skim to stand­ fluid milk products include those made for July through October was made con­ ardize the solids content before m ak ing by reconstituting or recombining con­ tingent on the adoption of a permanent cottage cheese. Thé added solids cost centrated or dehydrated milk products increase in the Class I price. There was about five cents per 100 pounds of skim with water, with or without the addition no support for such a seasonal price ad­ milk Used. of other ingredients, if the resulting justment fund apart from the proposed The formula proposed herein for the product is designated as a milk product price increase. Since no permanent in­ Class H milk price would have averaged by the appropriate health authority. crease in the Class I price is proposed $3.27 for milk of 3.5 percent butterfat The present fluid milk product defini­ herein, the plan for seasonally adjusting in 1963. This is 25 cents over the Class tion names products such as milk, skim the blend price should not be adopted at H I price but only 16 cents higher than milk, flavored milk drinks and includes this time. the average price paid in Minnesota and any mixtures of such products. The 2. Class I I price. The Class n priceWisconsin for manufacturing grade classification section states that all skim should be established at a level 25 cents milk. milk in such products, including recon­ per hundredweight over the Class IH There is no doubt that the price pro­ stituted and concentrated milk solids, price. posed is at least competitive with the shall be Class I. The three cooperative associations cost of cottage cheese which might be Reconstituted skim milk with some proposed that the Class H price be set obtained from other sources; Producers vegetable fat added has been marketed at 30 cents over the Class in price. Han­ asked that the Class II price be set at recently in the Central Arizona market dlers opposed a change in the Class n 30 cents over the Class H I price. It is area by at least two milk handlers. The price which is now established by adding possible that such higher price might Arizona State Department of Health re­ 15 cents to the Class III price. be obtained for milk in this use without gards such products as “reconstituted Class II includes skim milk and butter- losing sales to other supplies. However, milk products” and the State Dairy Com­ fat in fluid milk products used to pro­ the moderate increase proposed herein missioner has advised the handlers that duce cottage cheese. Cottage cheese is with assurance of continued sales at the the products should be labelled “recon­ the principal use in the market of skim present level is more likely to bring pro­ stituted Grade A skim milk, with the milk not required for sales of fluid milk ducers a greater aggregate return for following ingredients— nonhydrogenated products. In 1963 the average use of their milk which is in excess of Class I vegetable oil, etc.”. skim milk per month in cottage cheese sales. - These reconstituted products are kept was more than three million pounds, 3. Transfers made "by a cooperative.under refrigeration and packaged in car­ nearly one-tenth of the average Class I The order should be amended to provide tons similar to those used for other fluid volume of 32 million pounds' that milk transferred by a cooperative milk products. They are processed in Cottage cheese is made in pool plants association in its own trucks from one fluid milk plants and sold as substitutes primarily from producer milk, although pool plant to another pool plant be ac­ for fluid milk products made from fresh nonfat milk solids are regularly used to counted for as if such milk were physi­ n milk. Reconstituted fluid milk products are some extent in the manufacture of cot­ cally moved through the cooperative’s tage cheese. Also, some imported fluid pool plant. i readily distinguishable, by appear- >e or composition from fresh liquid milk is, at times, used to make cottage The United Dairymen of Arizona oper­ m milk. Therefore, when reconsti- cheese. Cottage cheese has, at times, ates a pool plant in the marketing area ed skim milk is processed and pack­ been imported from California. which is used to receive milk not needed ed in the same plant with fresh skim Since there is a relatively constant, by handlers for their fluid sales. When­ k it is impossible to determine dependable market for milk to be used in ever a market for such milk is available ether certain bottles' were filled with cottage cheese in the Central Arizona with another handler, the milk is moved onstituted or fresh skim milk. This area, the price for such milk should be from the cooperative’s plant to such iculty remains whether or not milk set as near as possible to the cost of handler. If there is no need for the or vegetable fat is added to the liquid cheese from the lowest cost alternative milk for fluid sales, it is manufactured n milk. Therefore, it is necessary to sources. at the cooperative’s plant. Tuesday, J u n e 23, 1964 FEDERAL REGISTER 7941

products in the same class. Even if it tions to the producer-settlement fund and conclusions, and the regulatory pro­ were possible to establish the quantities were not paid on the due date since they visions of this decision are at variance of liquid skim milk made by reconstitut­ could use such monies as operating with any of the exceptions, such ex­ ing water and dehydrated milk solids it capital without any interest charge. In ceptions are hereby overruled for the would not be feasible to classify milk uses addition, other persons are affected in reasons previously stated in this decision. on that basis. To do so would be to that payments from the producer-settle­ Marketing agreement and order. An­ establish a class use based on the inter­ ment fund would have to be reduced nexed hereto and made a part hereof are mediate use rather than the ultimate use. until the obligations to the producer- two documents entitled respectively, Such classification would encourage settlement fund were paid. “Marketing Agreement Regulating the handlers to convert milk into a lower- The interest charge proposed for un­ Handling of Milk in the Central Ari­ priced product, nonfat dry milk, and then paid obligations was reported to be in zona Marketing Area”, and “Order recombine that product with water to line with the cost of commercial short­ Amending the Order Regulating the make fluid milk products. term credit which handlers might have Handling of Milk in the Central Arizona No witnesses offered testimony in op­ to pay to meet their obligations on the Marketing Area”, which have been de­ position to the proposal to clarify the due date. The one-half of one percent cided upon as the detailed and appro­ fluid milk product definition with respect interest rate is the rate provided in other priate means of effectuating the fore­ to its description of these reconstituted Federal orders which assess interest pay­ going conclusions. m ilk products. An attorney represent­ ment on unpaid obligations. It is hereby ordered, That all of this ing one of the handlers who markets Rulings on proposed findings and con­ decision, except the attached marketing these products appeared at the hearing clusions. Briefs and proposed findings agreement, be published in the F ederal and interrogated the proponent witness. and conclusions were filed on behalf of R egister. The regulatory provisions of This attorney also filed a brief in oppo­ certain interested parties. These briefs, said marketing agreement are identical sition to the proposed amendment citing proposed findings and conclusions and with those contained in the order as inadequacy of the language of the pro­ the evidence in the record were con­ hereby proposed to be amended by the posed amendment to accomplish its de­ sidered in making the findings and con­ attached order which will be published clared purpose and claimed that the re­ clusions set forth above. To the extent with tfiis decision. constituted skim milk product with vege­ that the suggested findings and conclu­ Determination of representative pe­ table fat added is not a milk product.. sions filed by interested parties are in­ riod. The month of February 1964 is The positive evidence in the record consistent with the findings and conclu­ hereby determined to be the representa­ shows that the product is a fluid milk sions set forth herein, the requests to tive period for the purpose of ascertain­ product and that its character is such make such findings or reach such con­ ing whether the handling of milk in the that it should be classified and priced as clusions are denied for the reasons pre­ Central Arizona marketing area, is ap­ a Class I product. The market adminis­ viously stated in this decision. proved or favored by producers, as de­ trator has applied the present order General findings. The findings and fined under the terms of the order as language accordingly. This is a reason­ determinations hereinafter set forth áre hereby proposed to be amended, and able construction of the present language supplementary and in addition to the who, during such representative period, and is undoubtedly the intended purpose findings and determinations previously were engaged in the production of milk of the language. However, in order to made in connection with the issuance of for sale within the aforesaid marketing avoid any possible misunderstanding in the aforesaid order and of the previously area. regard to any products of this nature issued amendments thereto; and all of the definition should make specific refer­ said previous findings and determinations Signed at Washington, D C ., on June ence to such products. The proposed are hereby ratified and affirmed, except 18,1964. amendment language includes such insofar as such findings and determina­ v G eorge L. M e h r e n , specific terms. tions may be in conflict with the findings Assistant Secretary. 5. Interest on overdue obligations.and determinations set forth herein. The Central Arizona order should be (a) The tentative marketing agree­ Order1 Amending the Order Regulating amended to provide that any unpaid obli­ ment and the order, as hereby proposed the Handling of Milk in the Central gation of a handler relative to payments to be amended, and all of the terms and Arizona Marketing Area to the producer-settlement fund be in­ conditions thereof, will tend to effectuate §1131.0 Findings and determinations. creased one-half of one percent on the the declared policy of the Act; The findings and determinations here­ 15th day of the month, two days follow­ (b) The parity prices of milk as de­ in after set forth are supplementary and termined pursuant to section 2 of the ing the due date of such obligation, and in addition to the findings and determi­ on the 15th day of each month thereafter Act are not reasonable in view of the nations previously made in connection until such obligation is paid. price of feeds, available supplies of feeds, with the issuance of the aforesaid order The three cooperative associations of and other economic conditions which and of the previously issued amendments producers supplying the market proposed affect market supply and demand for thereto; and all of said previous findings in the hearing notice that any unpaid milk in the marketing area, and the and determinations are hereby ratified obligation of a handler be increased one- minimum prices specified in the proposed and affirmed, except insofar aà such find­ half percent on the first day of the next marketing agreement and the order, as ings and determinations may be in con­ month and on the first day of each suc­ hereby proposed to be amended, are such flict with the findings and determina­ cessive month until the obligation is paid. prices as will reflect the aforesaid fac­ tions set forth herein. tors, insure a sufficient quantity of pure At the hearing, the proponent’s witness (a) Findings upon the basis of the and wholesome milk, and be in the public indicated that interest charges should hearing record. Pursuant to the pro­ begin at an earlier date in order to en­ interest ; and visions of the Agricultural Marketing (c) The tentative marketing agree­ courage prompt payment. There was no Agreement Act of 1937, as amended (7 opposition to the proposal at the hearing. ment and the order, as hereby proposed U.S.C. 601 et seq.), and the applicable The purpose of interest payment on to be amended, will regulate the han­ rules of practice and procedure govern­ unpaid obligations is to encourage prompt dling of milk in the same manner as, ing the formulation of marketing agree­ settlement of accounts. It is essential and will be applicable only to persons in ments and marketing orders (7 CFR Part that payments, particularly to the pro­ the respective classes of industrial and 900), a public hearing was held upon cer­ ducer-settlement fund, be made promptly commercial activity specified in, a mar­ tain proposed amendments to the tenta­ so that the market administrator will keting agreement upon which a hearing tive marketing agreement and to the or­ nave funds to make required payments has been held. der regulating the handling of milk in out of the producer-settlement fund, Rulings on exceptions. In arriving at the Central Arizona marketing area. interest payments should be limited to the findings and conclusions, and the obligations payable to the market admin­ regulatory provisions of this decision, 1 This order shall not become effective un­ istrator for the producer-settlement each of the exceptions received was care­ less and until the requirements of § 900.14 fund. of the rules of practice and procedure gov­ fully and fully considered in conjunction erning proceedings to formulate marketing Some handlers would have an advan­ with the record evidence pertaining agreements and marketing orders have been tage over other handlers if their obilga- thereto. To the extent that the findings met. 7942 PROPOSED RULE MAKING

Upon the basis of the evidence intro­ 3. The introductory text of § 1131.51 The Federal Aviation Agency, pending duced at such hearing and the record (a) and paragraph (b) are revised as the completion of a comprehensive review thereof, it is found that: follows: of the terminal airspace structure re­ (1) The said order as hereby amended, § 1131.51 Class prices. quirements in the Fayetteville terminal and all of the terms and conditions area, proposes the following airspace * * * * * thereof, will tend to effectuate the de­ action: clared policy of the Act; -v?- (a) Class I milk price. The price for Class I milk shall be the basic formula Alter the Fayetteville control zone by (2) The parity prices of milk, as de­ redesignating it as that airspace within termined pursuant to section 2 of the price fpr the preceding month plus $2.50 for the months of July 1964 through a 5-mile radius of Grannis Field (hat Act, are not reasonable in view of the 34°59'25" N, Long. 78°52'50" W ) , within price of feeds, available supplies of feeds, December 1964 and thereafter $2.10 for each of the months of March, April, May 2 miles each side of the Fayetteville, VOR and other economic conditions which af­ 233° True radial extending from the fect market supply and demand for milk and June and plus $2.40 for all other months and shall be increased or de­ 5-mile radius zone to 8 miles southwest in the said marketing area, and the min­ of the VOR, and within L miles each side imum prices specified in the order as creased by a “supply-demand adjust­ ment” (except that such supply-demand of the 209° True bearing from the Fay­ hereby amended, are such prices as will etteville radio beacon extending from the reflect the aforesaid factors, insure a adjustment shall not be applicable to the Class I prices computed for July, 5-mile radius zone to 8 miles southwest sufficient quantity of pure and whole­ of the radio beacon. some milk, and be in the public interest; August and September 1964) of not more (3) The said order as hereby amend­ than 50 cents computed as follows: The Federal Aviation Agency approved ed, regulates the handling of milk in the * * * * * an approach to Grannis Field based upon same manner as, and is applicable only (b) Class I I milk price. The price for the Fayetteville VOR on July 26, 1963. to persons in the respective classes of Class II milk shall be the Class III price A portion of this approach procedure industrial or commercial activity speci­ for the month, plus 25 cents. extends into uncontrolled airspace. The fied in, a marketing agreement upon proposed control zone extension based which a hearing has been held. 4. Section 1131.84 is revised as follows.: upon the VOR 233° True radial provides § 1131.84 Adjustment o f accounts. protection for aircraft executing this ap­ Order relative to handling. It is proach. A review of the controlled air­ therefore ordered, That on and after the (a) Whenever audit by the market space revealed that the extension based effective date hereof, the handling of administrator of any reports, books, rec­ upon the Fayetteville radio beacon 211° milk in the Central Arizona marketing ords, or accounts or other verification True bearing should in fact be based area shall be in conformity to and in discloses errors resulting in monies due upon the 209° True bearing, and may be compliance with the terms and condi­ ( 1 ) the market administrator from a reduced to 8 miles in length. These revi­ tions of the aforesaid order, as amended, handler, (2) a handler from the market sions are proposed herein. and as hereby further amended, as administrator, or (3) any producer or co­ Interested persons may submit such follows: operative association from a handler, written data, views or arguments as they The provisions of the proposed mar­ the market administrator shall promptly may desire. Communications should be keting agreement and order amending notify such handler of any amount so submitted in triplicate to the Director, the order contained in the recommended due and payment thereof shall be made Southern Region, Attn: Chief, Air Traffic decision issued by the Deputy Adminis­ on or before the next date for making Division, Federal Aviation Agency, P.O. trator, Agricultural Marketing Service, payments set forth in the provisions un­ Box 20636, Atlanta, Ga. 30320. All com­ on June 1, 1964, and published in the der which such error occurred. munications received within forty-five F ederal R egister on June 4, 1964 (29 (b) Any unpaid obligation of a han­ days after publication of this notice in F.R. 7286; F.R. Doc. 64-5532), shall be dler pursuant to § 1131.82 or paragraph the F ederal R egister will be considered and are the terms and provisions of this (a) of this section relative to payments before action is taken on the proposed order, and are set forth in full herein to the producer-settlement fund shall be amendment. No public hearing is con­ subject to the revision of amendment increased one-half of one percent on the templated at this time, but arrangements No. 2 as follows: second day following the due date of such for informal conferences with Federal obligation and on the 15th day of each Aviation Agency officials may be made by § 1131.8 [Am ended] month thereafter until such obligation contacting the Regional Air Traffic Divi­ 1. The following sentence is added to is paid. sion Chief, or the Chief, Airspace Regula­ § 1131.8(c): “Milk received by such co­ [F.R. Doc.- 64-6236; Filed, June 22, 1964; tions and Procedures Division, Federal operative, in a truck owned or under 8:52 a.m.] Aviation Agency, Washington, D.C. Any contract to the cooperative, from a pool data, views or arguments presented dur­ plant and transferred in such truck to ing such conferences must also be sub­ another pool plant for the account of mitted in writing in accordance with this the cooperative shall be considered a re­ FEDERAL AVIATION AGENCY notice in order to become part of the'rec- ceipt at the cooperative’s plant and a ord for consideration. The proposal con­ transfer from such plant.” [ 14 CFR Part 71 [New! 1 tained in this notice may be changed in [Airspace Docket No. 64-SO-lO] the light of comments received. 2. Section 1131.15 is revised as follows: The official Docket will be available for § 1131.15 Fluid milk product. CONTROLLED AIRSPACE examination by interested persons at the Federal Aviation Agency, Office of the “Fluid milk product” means the fol­ Proposed Designation General Counsel: Attention Rules Dock­ lowing milk products, including such The Federal Aviation Agency is con­ et, 800 Independence Avenue SW., Wash­ products made by reconstituting or re? sidering amendments to Part 71 [New ] ington, D.C. 20553. An informal docket combining concentrated or dehydrated of the Federal Aviation Regulations will also be available for examination at milk constituents with water. Milk (in­ which would alter the controlled airspace the office of the Regional Air Traffic Divi­ cluding frozen or concentrated milk), in the Fayetteville, N.C., Terminal area. sion Chief. cream (sweet or sour), skim milk, The following controlled airspace is This amendment is proposed under buttermilk, flavored milk, flavored milk presently designated in the vicinity of section 307(a) of the Federal Aviation drinks, or any mixture in fluid form of Fayetteville, N.C.: Act of 1958 (72 Stat. 749; 49 U.S.C. 1348). milk, skim milk or cream, with or with­ Issued in Washington, D.C., on June 15, out other ingredients, which are desig­ The Fayetteville control zone is desig­ nated as milk products by the appropri­ nated as that airspace within a 5-mile 1964. D a n ie l E. B ar r o w , ate health authority. This definition radius of Grannis Field, and within 2 miles either side of the 2 11° bearing from Acting Chief, Airspace Regulations shall not include sterilized products and Procedures Division. packaged in hermetically sealed con­ the Fayetteville RBN extending from the tainers, eggnog, yogurt, ice cream mix 5-mile radius zone to 10 miles S W of the [F.R. Doc. 64-6182; Filed, June 22, 1964, or aerated, plastic or frozen cream. RBN. 8:47 a.m.] Tuesday, J u n e 23, 1964 FEDERAL REGISTER 7943

identical documents in more than one the Ironwood Channel 31 assignment) to FEDERAL COMMUNICATIONS docketed rule making proceeding shall operate as a satellite of W A E O -T V at furnish the Commission two additional Merrill, and stated that the satellite COMMISSION copies of any such document for each would have sufficient power to provide additional docket unless the proceedings service to the area that would have been [ 47 CFR Part 73 1 have been consolidated. served by W A E O -T V operating on Chan­ [Docket No. 15511, RM—607; FCC 64—546] Adopted: June 17, 1964. nel 12 at Hurley. Mr. O ’Konski indi­ cated his willingness to have modifica­ FM BROADCAST STATIONS, BEAU­ Released: June 18, 1964. tion of his present permit for W A E O -TV FORT AND JACKSONVILLE, N.C. F ederal C ommunications conditioned on his constructing a UH F Amendment of § 73.202, Table of C o m m is s io n , station at Hurley. 5. The second pleading amended the Assignments [ s e a l ] B e n F. W a p l e , Secretary. first by requesting rule making to re­ 1. Notice is hereby given of proposed assign Channel 12 from Ironwood to [F.R. Doc. 64-6213; Filed, June 22, 1964; Rhinelander rather than to Merrill. It rule making in the above-entitled matter. 8:50 a.m.j 2. The Commission has before it for also contained a request for an order to consideration a joint petition for rule show cause why the permit for W A E O - making filed on May 25, 1964 (RM-607) TV should not be modified to specify by Onslow Broadcasting Corp., licensee [ 47 CFR Part 73 1 station location at Rhinelander, but made no mention of conditioning the of Station WJNC(AM) and Marine [Docket No. 15512, RM-518; FCC 64-547] Broadcasting Corp., licensee of Station modification on construction of a UHF WLAS(AM), both of Jacksonville, North TELEVISION BROADCAST STATIONS; satellite station at Hurley. Carolina. This petition requests the in­ RHINELANDER, WIS., IRONWOOD, 6. Petitioner states that he was dili­ stitution of rule making to amend the MICH. gent in pursuing plans for construction FM Table of Assignments so as to assign after having been granted a permit for Channel 221A to Jacksonville by substi­ Table of Assignments Station W AEO -TV, until he learned from tuting Channel 249A for Channel 221A at a study, the details of which he presents, 1. Notice is hereby given of proposed Beaufort, North Carolina. that a television station at Hurley could rule making in the above-entitled matter. not become self-supporting. It is averred 3. Petitioners urge that this second 2. The Commission has before it for Class A assignment be made available that this fact, plus the requests of many consideration a “Petition for Rule Mak­ persons in the north central area of Wis­ to Jacksonville (a community with a ing and Order to Show Cause,” and an population of 13,491) in order to resolve consin who presently receive unsatisfac­ “Amendment to Petition for Rule Making the conflict between the two applicants tory television service, led him to explore and Order to Show Cause,” filed by Alvin the possibility of expanding his facilities for the sole FM channel assigned to E. O ’Konski on October 30, 1963, and and locating his station where it might Jacksonville, without the expenditure of March 17, 1964, respectively. time and money for both the applicants satisfy their needs. 3. Section 73.606 of the Commission and the Commission.1 They submit that 7. It is petitioner’s expressed intent, rules— the television table of assign­ the proposal is in complete accord with if Channel 12 is assigned to Rhinelander ments— indicates channel assignments the mileage separation rules and will re­ and if his permit for Station W A E O -T V for the communities listed below as sult in the early institution of FM service is modified to specify station location at follows: in the Jacksonville area. that city, to take necessary steps to 4. The Commission believes that rule City Channel modify the permit further to specify an making should be instituted on the sub­ Iron wood, Michigan ______12_j_, 31— antenna height of 1000 feet and power Hurley, Wisconsin______None of 316 kw. This, it is alleged, would bring ject petition in order that all interested Merrill, Wisconsin______None parties may submit their views and rele­ Rhinelander, Wisconsin1______22 acceptable service to a television “white vant data. Comments are therefore in­ area” which includes about 83,000 per­ vited on the following : 1 The 1960 populations of these four cities sons. Business and other data sub­ and the counties in which they are located mitted in support of the amended re­ are as follows: Channel No. quest have convinced petitioner that a City Ironwood _ 10, 265 Gogebic Rhinelander station would be successful. Hurley 2, 763 County ____ 24,370 Present Proposed It appears that assignment of Channel 12 M e rrill____ 9,451 Iron County__7,830 to Rhinelander would meet the mileage Rhine- Lincoln separation requirements of the Commis­ Jacksonville. N.O 228A 221A.288A la n d e r 8,790 C o u n t y ____ 22,338 Beaufort, N.O 221A 249A Oneida sion rules. C o u n t y ____ 22,112 8. Rhinelander is within the Grade B contour of Station W SA U -TV , Channel 5. Authority for the adoption of the Ironwood is located on the banks of the amendments proposed herein is con­ Montreal river, which separates Michigan 7, Wausau, Wisconsin. Four UH F tele­ vision broadcast translator stations are tained in Sections 4 (i), 303, and 307(b) from Wisconsin, across from Hurley. Rhine­ of the Communications Act of 1934, as lander is about 70 miles southeast of Hurley, licensed to serve the community. They amended. .. - .V and Merrill is roughly 35 miles south of have call letters and pick up the signals of Rhinelander. stations as follows: W73AD— W B A Y -T V , 6. Pursuant to applicable procedures set out in Section 1.415 of the Commis­ Petitioner O ’Konski presently holds a Channel 2, Green Bay, Wisconsin; sion’s rules, interested persons may file construction permit for Station W A E O - W71AC-WFRV, Channel 5, Green Bay, comments on or before July 20,1964, and TV at Hurley utilizing the Channel 12 Wisconsin; W80AC, WLUK-TV, Channel ^Ply comments on or before July 31, assignment of Ironwood which is less 11, Green Bay, Wisconsin; W76AB- 19«4. AH submissions by parties to this than 15 miles from Hurley. There are no WSAU-TV, Channel 7, Wausau, Wis­ Proceeding or persons acting in behalf of outstanding authorizations for the other consin. such parties must be made in written two channels mentioned above, and no 9. The M & M Broadcasting Company, comments, reply comments or other ap­ applications for them are pending. licensee of Station WLUK-TV, Channel propriate pleadings. 4. Petitioner’s first pleading requested11, Green Bay, Wisconsin, has filed a *n accordance with the provisions rule making for the purpose of reassign­ pleading which suggests that, if rule m Section 1.419 of the Rules, an origi­ ing Channel 12 from Ironwood to Mer­ making is instituted herein, the Commis­ ni ^ copies of all comments, replies, rill, and also requested the Commission sion invite comments on the possible as­ 1 nu briefs, and other documents to issue an order to show cause why his signment of Channel 4 to Rhineiander ton!- °e *urnished the Commission. At- permit for Station W A E O -T V should not instead of Channel 12. In support of ntion is directed to the provisions of be modified to specify station location this proposal, it is urged, among other Paragraph (c) of Section 1.419 which re- at Merrill instead of Hurley. In addi­ things, (1) that although a Channel 12 _ e that any person desiring to file tion, petitioner declared his intention to assignment at Rhinelander may meet the apply for a construction permit for a Commission mileage spacing require­ ‘ Docket Nos. 15438 and 15439. station on Channel 31 at Hurley (using ments, a station operating on that chan- 7944 PROPOSED RULE MAKING nel at Rhilelander would destroy service 2. The Commission has before it for Channel No. consideration a petition for rule making from W L U K -T V in a significant area City south and east of Rhinelander, and would (RM -582), filed by W M IN, Inc., licensee have similar effects on the service of Present Proposed of radio Station WMIN (AM), St. Paul, other existing stations, ( 2) that the as­ Minnesota on March 16,1964, requesting signment of Channel 4 to Rhinelander Alternative No. 1 the reassignment of Channel 271 from would eliminate the aforementioned Minneapolis to St. Paul, Minnesota. An difficulty and would also leave Channel Ironwood, Mich______12+.31- 31- opposition to this request was filed by 12 free for continued assignment at Iron- Rhinelander, Wis______— 22 12+, 22 Hennepin Broadcasting Associates, Inc., wood or elsewhere in the area north and applicant for a new FM station in Min­ west of Rhinelander, and (3) that the Alternative No. 2 neapolis on Channel 271 and a reply public interest would best be served by thereto filed by W M IN .1 having a comprehensive record contain­ Rhinelander, Wis______22 4+,22 3. Minneapolis has a population of ing comments on the full range of possi­ 482,872 and has 9 FM assignments all bilities for channel assignments in the 13. If it is determined that either df of which are in use, except for two chan­ area. the proposed alternative amendments nels, 233 and 271. These are all Class C 10. The Wisconsin Valley Television will serve the public Interest, the Com­ assignments. There are two additional Corporation, licensee of Station W S A U - mission will take such further action as FM assignments to communities close TV, Channel 7, Wausau* Wisconsin, has may be appropriate with respect to out­ to Minneapolis, Golden Valley and St. filed a statement suggesting that because standing authQrizations. W e accord­ Louis Park. These are also Class C as­ the status of Channel 9 at Wausau is still ingly defer action upon petitioner’s re­ signments. St. Paul, the capital city subject to Commission action, because a quest for issuance of an order to show of Minnesota, has a population of 313,- decision with respect to that channel is cause. 411, and has only one FM assignment, likely to be rendered in the relatively near 14. Inasmuch as Rhinelander is with­ Channel 237A, which is in operation. future, and because whether Channel 9 in 250 miles of the U.S.-Canadian bor­ Applications are on file for the two re­ is used for commercial or noncommercial der, the proposals require the concur­ maining unoccupied Minneapolis assign­ purposes has a bearing on the overall dis­ rence of the Canadian authorities in ments. W M IN urges that Channel 271 tribution of channels in the area in­ accordance with the provisions of the should be removed from Minneapolis volved, action in the instant matter U.S.-Canadian Agreement of 1952. No and assigned to St. Paul. It submits should be held in abeyance until such final action on either proposal would be that St. Paul is the second largest city time as the Wausau Channel 9 matter has taken without formal Canadian concur­ in the state; that it is a Separate and been decided. (The proceedings referred rence. distinct city having its own government, to are those in Docket Nos. 14933 and 15. Authority for the adoption of the police and fire departments, school sys­ 14934, and RM-321, the outcome of amendments proposed herein is con­ tem, etc.; that a Class C station can best which might ultimately result in having tained in sections 4(i) , 303, and 307(b) serve the interests of St. Paul as opposed two commercial VHP stations at Wausau, of the Communications Act of 1934, as to a station serving the much larger city or one commercial and one noncom­ amended. of Minneapolis; and that it will file an mercial educational station.) 16. Pursuant to applicable procedures application for a St. Paul station in the 11. W e are of the opinion that a notice set out in § 1.415 of the Commission event the proposal is adopted.2 4. In its opposition to the request for of proposed rule making should issue rules, interested parties may file com­ rule making by W M IN, Hennepin argues herein and that comments should, among ments on or before July 31, 1964, and that the concept of a “separate and dis­ other things; be directed at the needs of reply comments on or before August 17, 1964. All submissions by parties to this tinct community” is no longer a govern­ the Hurley and Rhinelander areas with ing criterion in allocating Class C FM regard to television service, and the rela­ proceeding or by persons acting in be­ half of such parties must be made in facilities; that W M IN has not presented tive merits of reassigning Channel 12 written comments, reply comments or any evidence that the existing stations in from Ironwood to Rhinelander as com­ other appropriate pleadings. Minneapolis do not serve the needs of the pared with leaving Channel 12 in Iron- 17. In accordance with the provisions people of St. Paul; and that the need for wood and assigning Channel 4 to Rhine­ of § 1.419 of the rules, an original and its own Class C station cannot be pre­ lander.2 The bearing of the Channel 9 14 copies of all written comments, re­ sumed. Hennepin further urges that (Wausau) proceedings on the instant plies, pleadings, briefs, or other docu­ there is no need for rule making in this proposals may, of course, be noted in ments shall be furnished the Commis­ case since W M IN could request a waiver of the “25 mile rule” in order to have its comments, and we shall also take cog­ sion. proposed application for Channel 271 at nizance of developments with respect to Adopted: June 17,1964. St. Paul considered by the Commission. that channel as they may occur. Released: June 18,1964. 12. In view of the foregoing, comments 1 In another rule making proceeding which and reply comments are invited on the F ederal C ommunications :oncerned, among other things, the assign- following alternative proposals: C o m m is s io n , nents to Minneapolis, Docket No. 15256, [ s e a l ] B e n F. W a p l e , iVMIN filed a counterproposal requesting the Secretary. same shift of Channel 271 to St. Paul. Th“ 2 On January 30, 1964, Midwest Radio- pleading was stricken from the record in that Television, Inc., licensee of Station W C C O - [P.R. Doc. 64-6214; Piled, June 22L 1964; proceeding. However, the Commission notea TV, Channel 4, Minneapolis, Minnesota, filed 8; 50 a.m.] ¡herein (See Report and Ord^r in Docket an application (BPCT—3292) to change its L5256, PCC 64-515) that W M IN had nlea existing facilities by moving its transmitter ¡he instant request and stated that we site and making other changes. The site [ 47 CFR Part 73 ] lave under consideration the making of one specified is such that if the application were >r more additional assignments to St. Pau^ granted, and if Channel 4 were assigned to [Docket No. Ì5513, RM-582; PCO 64-548, >r the hyphenated communities of Minne- Rhinelander, a permittee of a Rhinelander 51895] ipolis-St. Paul, and action in this matter Channel 4 station would have to locate its will be taken shortly.” tower about 6 miles east of where it might FM BROADCAST STATIONS; MINNE­ 2 W M IN further discusses the relative have been placed with the WCCO-TV tower APOLIS AND ST. PAUL, MINN. nerits of Channel 271 and Channel 281. at its present site to meet the 190-mile spac­ Docket 15256 the Commission gave consia- ing requirement. This would place the Table of Assignments jration to the possible substitution of C a Rhinelander transmitter roughly 6 miles east lel 281 for 271 in Minneapolis. Since tn of the city. (These statements assume site 1. Notice is hereby given of proposedrequest was denied in that proceeding availability and no air space problems for the rule making in the above-entitled further consideration will be given her htbn /»nmmori+.R tO tiliS UlSttGr. Rhinelander station.) matter. Tuesday, J u n e 23, 1964 FEDERAL REGISTER 7945

It further suggests that both remaining t 47 CFR Part 73 ] plication to change channels for Station assignments could be made available to KWPC-FM from 259 to 225. Muscatine both communities designated as Minne- [Docket No. 15514, RM-583; FCO 64-550] argues that the deletion of Channel 225 apolis-St. Paul or St. Paul-Minneapolis, FM BROADCAST STATIONS; CEDAR from Muscatine would deprive that com­ as was done with all the television munity of an effective Class C assign­ channels. RAPIDS, DUBUQUE, AND MUSCA­ ment. It states that the only reason 5. Upon careful review of the petition TINE, IOWA given for the proposal is to resolve a con­ and the oppoistion filed herein we are of flict between two applicants for a single the view that we should invite comments Table of Assignments Class C assignment and that this can on the advisability of making one or more 1. Notice is hereby given of proposed be resolved also by the use of one of the Class C assignments available to St. rule making in the above-entitled mat­ Class A assignments in Dubuque. Paul. Prior to the adoption of the Table ter. 5. The basic objection which Musca­ of Assignments in the Third Report in 2. The Commission has before it for tine has to the proposed amendment is Docket 14185, assignments were made on consideration a petition requesting rule that it may be precluded from improving a “demand” basis in accordance with cer­ making filed on March 17, 1964 (R M - the facilities of K W PC -FM . However, tain protection rules. In the area in 583) and amended on May 20, 1964, by there are only two short spacings in question, seven interested parties filed for Dubuque Broadcasting Company, appli­ which K W P C -F M is involved, one of stations in Minneapolis on Class C chan­ cant for a new FM station in Dubuque, which is very moderate. It therefore nels and one party filed for St. Paul on a Iowa, requesting the assignment of appears that some measure of relief will Class A channel. Had we used a Table of Channel 225 to Dubuque by making other be forthcoming to this station toward an Assignment procedure in FM as we do in. changes in the FM Table of Assignments improvement of its present facilities (780 television, consideration would no doubt as follows: watts of power and 290 feet antenna have been given to a distribution of avail­ height) from the pending rule making able facilities to both communities in a proceeding, Docket No. 14185, which Channel No. fair and equitable manner. In view of City concerns alternative methods for in­ this and the arguments made by the peti­ Present Proposed creased facilities for existing short­ tioner we are of the view that we should spaced stations. In view of this, we are institute a rule making proceeding on of the view that rule making should be alternative ways to make a Class C as­ 257A, 261A 225, 257A, 287 261A, 287 instituted on the subject petition in signment available to St. Paul. Com­ 225,259 237A, 259 ments are therefore invited on the fol­ Cedar Rapids, Iowa______... 238Ì 251,275, 243,251,275, order that all interested parties may sub­ lowing alternatives: 283 283 mit their views and relevant data. Com­ (a) Whether to assign Channel 233 or ments are therefore invited on the pro­ 271 or both to St. Paul rather than to Muscatine Broadcasting Company, li­ posal outlined in paragraph 2 above. Minneapolis. censee of Station K W PC -F M on Channel 6. Authority for the adoption of the (b) Whether to assign Channel 233 or 259 at Muscatine, Iowa, filed an opposi­ amendments proposed herein is con­ ?71 or both to Minneapolis-St. Paul, tion to the subject petition. tained in sections 4(i), 303, and 307(b) Minnesota. 3. Dubuque submits that Dubuque has of the Communications Act of 1934, as 6. Authority for the adoption of the a population of 56,606 and is a metro­ amended. amendments proposed herein is con­ politan area while Muscatine has a popu­ 7. Pursuant to applicable procedures tained in sections 4 (i), 303, and 307(b) lation of 20,997 and is not a metropolitan set out in § 1.415 of the Commission’s of the Communications Act of 1934, as area. There are two applications on file1 amended. for the sole Class C assignment in Du­ rules, interested persons may file com­ 7. Pursuant to applicable procedures buque while there is no application on ments on or before July 20, 1964, and re­ set out in § 1.415 of the Commission’s file for the second Class C assignment in ply comments on or before July 31, 1964. rules, interested parties may file com­ Muscatine or for Channel 238 at Cedar All submissions by parties to this pro­ ments on or before July 20, 1964, and Rapids. There are two standard broad­ ceeding or persons acting in behalf of reply comments on or before July 31, cast stations in Dubuque and one in such parties must be made in written 1964. All submissions by parties to this Muscatine. Dubuque urges that the as­ comments, reply comments or other ap­ proceeding or persons acting in behalf of signment of two Class C channels to propriate pleadings. such parties must be made in written Dubuque would more effectively imple­ 8. In accordance with the provisions of comments, reply comments or other ap­ ment the Commission’s allocation plan § 1.419 of the Rules, an original and propriate pleadings. in that .it would make two wide-area as­ 14 copies of all comments, replies, 8. In accordance with the provisions of signments in a metropolitan area and pleadings, briefs, and other documents H.419 of the rules, an original and 14 that it would permit the resolution of the shall be furnished the Commission. At­ copies of all comments, replies, pleadings, conflict between the two applications on tention is directed to the provisions of briefs, and other documents shall be file for the sole Class C assignment pres­ paragraph/-(c) of § 1.419 which require furnished the Commission. Attention is ently in Dubuque. It finally points out that any person desiring to file identi­ directed to the provisions of paragraph that the changes suggested all conform (c) of § 1.419 which require that any per­ cal documents in more than one dock­ to the rules. son desiring to file identical documents in eted rule making proceeding shall fur­ 4. In its opposition Muscatine submits more than one docketed rule making pro- nish the Commission two additional that it operates Station K W PC -F M on c®e(^hg shall furnish the Commission two copies of any such document for each Channel 259 with less than the minimum additional copies of any such document additional docket unless the proceedings facilities for a Class C assignment; that for each additional docket unless the pro­ have been consolidated. ceedings have been consolidated. its plans for improving the facilities of the station were frustrated by the fact Adopted: June 17,1964. Adopted: June 17, 1964. that Channel 259 is short-spaced with Released: June 18, 1964. Released: June 18,1964. other assignments; and that since Chan­ F ederal C ommunications nel 225 is an assignment which meets all F ederal C ommunications C o m m is s io n , the mileage requirements of the rules, it C o m m is s io n , [seal] B e n F . W a p l e , instituted steps toward preparing an ap- [ s e a l ] B e n F. W a p l e , Secretary. Secretary. IPR. Doc. 64-6215; Filed, June 22, 1964; 1BPH—3920, Docket No. 15442 and BPH- [F.R. Doc. 64-6215; Filed, June 22, 1964; 8:50 a.m.] 4288, Docket No. 15443. 8:50 a.m.] Notices

a. Regional Headquarters. Assistant Postal Inspector in Charge. DEPARTMENT OF THE TREASURY Postal Inspector. Regional Director. Area Manager, Internal Audit Division. Office of the Secretary Deputy Regional Director. Director, Personnel Division, .62 Prohibition on redelegation. Au­ [Dept. Circ. 570,1964 Rev. Supp. No. 1] Chief, Employment and Placement Branch. thority delegated to officers and super­ ALLIED MUTUAL INSURANCE CO. b. Postal Data Centers. visors specified in 812.61 cannot be redelegated by them to any officials or Surety Companies Acceptable on Director, Postal Data Center. employees under their jurisdiction. Federal Bonds c. Postal Installations. .63 Administration of the oath of of­ fice. .631 POD Forms 61, “Appoint­ Ju n e 18, 1964. Postmaster. Assistant Postmaster. ment Affidavit”, and 62, “Oath of Office A Certificate of Authority as an ac­ Supervisor assigned to personnel office. and Appointment Affidavit”, shall be used ceptable surety on Federal bonds has Area Supply Manager and Superintendent, to ascertain that the personnel action be­ been issued by the Secretary of the Supply Center. ing taken conforms to the Civil Service Treasury to the following company Manager and Assistant Manager, Mail Equip­ Act and rules and applicable laws. under the Act of Congress approved ment Shops. These pertain to holding of office, pen­ July 30,1947, 6 U.S.C. 6-13. .52 Redelegation. The authority to sions, suitability when there is a record An underwriting limitation of $1,188,- approve and sign POD Forms 50 may be of discharge or arrest, age, citizenship, 000.00 has been established for the com­ redelegated by the Regional Director or and other requirements relating to em­ pany. Further details as to the extent Director, Postal Data Center to officers ployment in the Postal Service. No em­ and localities with respect to which the and supervisors under his jurisdiction as ployee shall be assigned to duty if the company is acceptable as surety on Fed­ considered necessary and essential. form indicates he does not meet require­ eral bonds will appear in the next revi­ .53 Administrative clearances and ments. Appointing officers shall guard sion of Department Circular 570, to be approval: Authority delegated herein against impersonation and determine be­ issued as of June 1, 1965. Copies of the does not preclude securing administra­ yond reasonable doubt that the appointee Circular, when issued, may be obtained tive clearances and approvals that may is the same person who qualified for the from the Treasury Department, Bureau be required by instructions implementing appointment. It is incumbent upon offi­ of Accounts, Surety Bonds Branch, this section issued through other media. cials and supervisors administering oaths of office to be familiar with those organi­ Washington, D.C. 20226. II. Section 812.6 is rearranged and zations listed in 837.113 in which mem­ State in Wh ich I ncorporated, Name of amended to add Postal Data Centers; bership!, past or present, may constitute Com pany and Location of Principal Ex­ Director, Postal Data Center; and Direc­ a bar to employment or retention in the ecutive Office tor, Systems and Planning Division who also have authority to administer oaths Postal Service. Iowa; Allied Mutual Insurance Company; .632 Oath of office incident to en­ Des Moines, Iowa. of office. As so amended 812.6 reads as trance into the Postal Service (or to a [ seal] Jo h n K . C arlock, follows: conversion to career status) shall be ad­ Fiscal Assistant Secretary. 812.6 AUTHORITY TO ADMINISTER OATHS OF ministered without charge or fee. ' O f f ic e [F.R. Doc. 64-6204; Filed, June 22, 1964; III. Sections 812.7 and 812.8 are added 8:48 a.m.] .61 Delegation. The following offi­ to include the authority to designate cer­ cials are authorized to administer oaths tifying officers at Headquarters and in of office in connection with employment: the field. As so added sections 812.7 and POST OFFICE DEPARTMENT a. Regional Headquarters. 812.8 read as follows: ORGANIZATION AND Regional Director. 812.7 AUTHORITY TO DESIGNATE CERTIFY1 Deputy Regional Director. ING OFFICERS— HEADQUARTERS ADMINISTRATION Director, Personnel Division. The Statement of the Department’s Regional Controller. .71 Delegation. The following offi­ Chief, Employment and Placement Branch.. cials are delegated authority to designate Organization and Administration, as Employment and Placement Officers. certifying officers at Headquarters to cer­ published in the F ederal R egister of Personnel Assistant. September 11, 1962, at pages 8982 and Postal Service Officer. tify payment of items specified: 9007, and as amended by 27 F.R. 11558- a. Chief Postal Inspector certifies (1) 11559, 12452-12453, 28 F.R. 914, 2690, b. Postal Data Centers. payments from his special deposit ac­ 3674, 7362, 8295-8296, 11322-11323, 29 Director, Postal Data Center. count; (2) disbursements for rewards F.R. 1661, 29 F.R. 3444, and 29 F.R. 5840, Director, Systems and Planning Division. based on Postmaster General Notices of Reward; (3) payments from confidential is further amended by making the fol­ c. Postal Installations. lowing changes: funds; (4) salary payments to office di­ Postmasters. vision inspectors; (5) advances o f fimds Assistant Postmasters. P art 812— D elegations of A u t h o r it y 6 inspection Superintendent and Administrative Assist­ for confidential purposes; ( ) I. Section 812.5 is rearranged and ant, Mail Bag Depository. service travel, travel advances, transpor­ amended to include authority of the Di­ Superintendent, Assistant Superintendent tation of things; (7) payments f°£_spe­ rector, Postal Data Center. As so where authorized, and Administrative As­ cial analyses and services, and (8) -“ea<"* amended 812.5 reads as follows: sistant of Combined Mail Bag Depository quarters’ payments for TWX, teletyp > and Mail Bag Repair Center. telegram and cablegram services. 812.5 AUTHORITY TO EFFECT PERSONNEL Supervisor assigned to Personnel Office in b. General Counsel certifies payments ACTIONS postal installation. relating to tort claims and claims under Executive Secretary, Postal Board of Civil .51 Delegation. The following of­ Service Examiners. ) U.S.C. 2409. . ficials and employees are delegated au­ Area Supply Manager; Superintendent and c. Assistant Postmaster General, b u thority, to approve and sign POD Forms Personnel Officer, Supply Center. :au of Finance and Administration, c 50, “Notification of Personnel Action,” Manager, Assistant Manager, and Adminis­ fies all Headquarters payments not for appointments, changes during em­ trative Assistant, Mail Equipment Shops. ivered by a and b. ployment, and separations affecting em­ U.S. Postal Agent. .72 Redelegation. These officials ar U.S. Stamped Envelope Agent. ployees under their jurisdiction in the so authorized to redelegate their ‘ postal field service, except as may be d. Inspection Service. Lority to designate certifying officers, limited by other provisions of the Postal Postal Inspector in Charge. he redelegation shall be made by_ Manual or by the Regional Director: Deputy Postal Inspector in Charge. i the Headquarters Disbursing Officer 7946 Tuesday, Ju n e 23, 1964 FEDERAL REGISTER 7947 and must bear the specimen signature who are designated certifying officers, of the person to whom the authority is subject to any limitations set forth by DEPARTMENT OF AGRICULTURE redelegated. the Chief Postal Inspector, are author­ .73 Designating certifying officers— ized to designate certifying officers for Agricultural Marketing Service .731 Bureau of Chief Postal Inspector obligations incurred by the Postal In­ [P. & S. Docket No. 308] and the General Counsel. The officials spection Service. They will complete authorized to designate certifying offi­ Standard Form 210, “Signature Card for AGENCIES AT SIOUX CITY STOCK cers in accordance with 812.71 will com­ Certifying Officer”, in duplicate to show: YARDS plete Standard Form 210, “Signature a. Inspection service division or inter­ Notice of Petition for Modification of Card for Certifying Officer”, in duplicate nal audit area for which vouchers will to show: be certified. Rate Order a. Name of bureau or office for which b. Signature of certifying officer writ­ Pursuant to the provisions of the vouchers will be certified. ten in the same manner that he will sign Packers and Stockyards Act, 1921, as b. Signature of certifying officer writ­ vouchers. amended (7 U.S.C. 181 et seq.), an order ten in the same manner that he will sign c. Class of vouchers to be certified. was issued on July 16, 1962 (21 A.D. vouchers. d. His signature and effective date. 774), which as modified by an order is­ c. Class of vouchers to be certified. Inspectors in charge and internal audit sued on August 27, 1962 (21 A.D. 891), d. His signature and effective date. area managers shall not redelegate their authorizes the respondents, Market .732 Other Bureaus or Offices. Other authority to designate authorized certi­ Agencies at the Sioux City Stock Yards, bureaus or offices requiring certifying of­ fying officers. Sioux City, Iowa, to assess the current ficers will complete SF 210 in duplicate .832 Postal Data Center Directors. temporary schedule of rates and charges as prescribed in 812.731, except for sig­ Offices under direction of postal data to and including July 31, 1964, unless nature and date. Forward both copies center directors will complete SF 210 in modified or extended by further order be­ of the form to the Assistant Postmaster duplicate as in 812.831 except for the sig­ fore the latter date. General, Bureau of Finance and Admin­ nature and date. Forward both copies On June 9, 1964, a petition was filed istration. of the form to the Postal Data Center on behalf of the respondents requesting .733 Submitting SF 210 to Disbursing Director for completion. - authority to modify the current tempo­ Officer. The Chief Postal Inspector, .833 Submitting SF 210 to Assistant rary schedule of rates and charges as General Counsel and Assistant Post­ Disbursing Officer. The Inspector in indicated below, and requesting that the master General, Bureau of Finance and Charge, Internal Audit Area Manager, current schedule, as so modified, be con­ Administration, or their designees, will and Postal Data Center Director or des­ tinued in effect to and including July 31. forward the signed originals of SF 210 ignees of Postal Data Center Director) 1966. to the Headquarters disbursing officer will forward the signed originals of SF and retain the duplicates. These will be Selling and R eselling Charges 210 to the assistant disbursing officer ***** the official designations of the employees and retain the duplicates. These will be SECTION A named on the SF 210 as certifying the official designations of the employees Rate per head officers. Cattle * * * Pree- Pro- named on the SF 210 as certifying Consigmnents of more than 1 head: ent posed .74 Maintaining designations. It is officers. First 5 head in each consignment...... $L 35 $1.40 the responsibiltiy of each bureau and of­ .84 Maintaining Designations. It is Next 10 head in each consignment_____ 1.30 1.35 fice to maintain currently its designa­ Each head over 15 in each consignment. 1.15 1.25 the responsibility of each office under Calves * * * tion of authorized certifying officers. As jurisdiction of the officials named in Consignments of more than 1 head: certifying officers die, retire, transfer or First 5 head in each consignment...... 0.90 0.95 812.8 to maintain currently its desig­ otherwise leave, bureaus and offices must Next 10 head in each consignment_____ .85 .90 nation of authorized certifying officers. Each head over 15 in each consignment. .75 .85 inform the disbursing officer promptly so Bulls, irrespective of manner of arrival___ 1.90 2.00 As certifying officers leave the sphere of that signature cards may be removed T. B. Reactors, Bangs Reactors, Cripples, certifying activity, notices of termination Suspects or Subjects, or Condemned___ 1.90 2.00 from active files. When new or addi­ and appointment must be forwarded ***** tional designations are made, procedures Buying Charges outlined in 812.7 will be followed. through the officés of the named officials to the assistant disbursing officer. section e 812.8 AUTHORITY TO DESIGNATE CERTIFY­ ***** P art 823— B u r e a u s and O f fic e s Cattle * * * ING OFFICERS— FIELD Consignments of more than 1 head: IV. Section 823.752b is amended to First 5 head in each consignment...... $1.25 $1.35 .81 Delegation. The following of­ clarify responsibilities of the contracting Next 10 head in each consignment— .. 1.20 1.30 Each head over 15 in each consignment. 1.05 1.15 ficials are delegated authority to desig­ officer of the Contract Branch, Procure­ Calves * * * nate certifying officers in regions, inspec­ ment Division, and to permit flexibility Consignments of more than 1 head: tion service divisions and internal audit in delegating procurement authority to First 5 head in each consignment...... 0.80 0.85 areas: Next 10 head in each consignment_____ .75 .80 other branches. As so amended 823.752b Each head over 15 in each consignment. .65 .75 . The Chief Postal Inspector certifies Bulls...... _...... l. 75 2.00 reads as follows: T. B. Reactors, Bangs Reactors, Cripples, obligations incurred by the Postal In­ Subjects or Suspects, or Condemned.... 1.75' 2.00 spection Service. 823.7 ASSISTANT POSTMASTER GENERAL, ***** b. Postal Data Center Directors cer­ BUREAU OF FACILITIES tify all other regional functions. Note No. 1 would be deleted [This note * * * * v * pertains to the maximum and minimum , Regional Directors and regional con­ .752 Contract Branch. * * * buying charges on hogs shipped out by trollers certify functions under their di­ b. Provides a contracting officer who truck or rail].' rection until the disbursing functions are executes and administers all contracts ™ ferred to the postal data centers. The following would be substituted as awarded by the Procurement Division Notes Nos. 1, 2 and 3: .82 Redelegation. These officials are for supplies, services, equipment and ^ authorized to rédelegate their au- mechanization, except those contracts N ote N o. 1. The charge on butchers for Immediate slaughter, shipped out by rail or oority to designate certifying officers, specifically assigned to other branches tn ®,redelegation shall be made by letter truck, shall be 13 .cents per hundredweight. of the division. N ote N o. 2. The charge on sows for im­ »nef l Assistant Disbursing Officer and mediate slaughter, shipped out by rail or no™ be,ar the specimen signature of the (R.S. 161, as amended, 5 U.S.C. 22, 39 U.S.C. 309, 5Ô1) truck, shall be 12 cents per hundredweight. Sated1110 wllom authority is redele- N ote N o . 3. The charge on boars for im­ Louis J. D o y l e , mediate slaughter, shipped out by rail or •83 Designating certifying officers— General Counsel. truch, shall be 85 cents per head. Audit APectors in Charge and Internal [F.R. Doc. 64-6200; Filed, June 22, 1964; Note No. 2 would be renumbered as 11 Area Managers. These officials, 8:48 a.m.] Note No. 4. No. 122------fi 7948 NOTICES

The modifications, if authorized, will erated space and provision for carrying drug Is safe for use under the conditions produce additional revenue for the re­ some containerized cargo. prescribed, recommended, or suggested spondents and increase the cost of mar­ Dated: June 16, 1964. in the proposed labeling thereof, in that keting livestock. Accordingly, it appears said reports do not include adequate case that this public notice of the filing of the By order of the Deputy Maritime reports of clinical tests in children under petition and its contents should be given Administrator. 6 years of age showing the amount of in order that all interested persons may James S. D awson, Jr., sodium monofluorophosphate or fluoride have an opportunity to indicate a de­ Secretary. ion that may be absorbed or retained in sire to be heard in the matter. the body by use of the drug by children All interested persons who desire to be [F.R. Doc. 64-6193; Filed, June 22, 1964; under 6 years of age or adequate studies 8:48 am .] heard in the matter shall notify the with respect to the possible chronic toxic Hearing Clerk, United States Department effects of such use of the drug by chil­ of Agriculture, Washington, D.C. 20250, dren under 6 years of age; within 15 days after the publication of DEPARTMENT OF HEALTH, EDU­ 2. The reports of investigations sub­ this notice. mitted as part of the supplemental ap­ plication, considered together with the Done at Washington, D.C., this 17th CATION, AND WELFARE reports contained in the original appli­ day of June 1964. Food and Drug Administration cation as amended, do not show that the D onald A. Campbell, drug is safe for use under the conditions Director, Packers and Stock- AMERICAN CYANAMID CO. ' prescribed, recommended, or suggested yards Division, Agricultural Notice of Filing of Petition Regarding in the proposed labeling thereof, in that Marketing Service. said reports do not contain adequate case Food Additive Modified Polymethyl reports of clinical tests in children under [F.R. Doc. 64-6195; Filed, June 22, 1964; Methacrylate 6 years of age showing the amount of 8:48 a.m.] Pursuant to the provisions of the Fed­ sodium monofluorophosphate or fluoride eral Food, Drug, and Cosmetic Act (sec. ion that may be absorbed or retained in 409(b)(5), 72 Stat. 1786; 21 U.S.C. 348 the body by use of the drug by children DEPARTMENT OF COMMERCE (b) (5 )), notice is given that a petition under 6 years of age or adequate studies (FAP 1219) has been filed by American with respect to the possible chronic toxic Maritime Administration Cyanamid Company, Berdan Avenue, -effects of such use of the drug by children [Trade Route No. 4] Wayne, New Jersey, 07470, proposing the under 6 years of age to show that the issuance of a regulation to provide for drug is safe; U.S. ATLANTIC/CARIBBEAN the use of modified polymethyl metha­ 3. On the basis of available informa­ tion, there is insufficient information to Conclusions and Determinations Re­ crylate as an ingredient or component of articles intended for food-contact use. determine whether or not the drug is garding the Essentiality and United safe for use under the conditions pre­ States Flag Service Requirements Dated: June 16,1964. scribed, recommended, or suggested in M alcolm R. Stephens, the proposed labeling. In particular, Notice is hereby given that on June 16, Assistant Commissioner there have been no studies of the amount 1964, the Deputy Maritime Administra­ for Regulations. of monofluorophosphate or fluoride ion tor, acting pursuant to section 211 of the that may be absorbed or retained in the Merchant Marine Act, 1936, as amended, [F.R. Doc 64-6208; FUsd, June 22, 1964; body by use of the drug by children found and determined the essentiality 8:49 am . I under 6 years of age or adequate studies and United States flag service require­ with respect to the possible chronic toxic ments of United States foreign Trade [Docket No. FDC-D-83] effects of such use of the drug; Route No. 4 and ordered that the follow­ 4. There is a lack of substantial evi­ ing conclusions and determinations [Supplemental NDA No. 8851] dence that the drug will have the effect it reached by the Deputy Maritime Admin­ NDK CO. purports or is represented to have under istrator with respect to said trade route the conditions of use prescribed, recom­ be published in the F ederal R egister: Notice of Opportunity for Hearing Re­ mended, or suggested in the proposed 1. Trade Route No. 4 as redescribed garding Refusal of Approval of labeling in that : below is reaffirmed as an essential fpreign Supplemental New-Drug Applica­ a. The information submitted as part trade route of the United States: Trade of the supplemental new-drug applica­ Route No. 4— U.S. Atlantic/Caribbean tion tion, considered together with the in­ Between U.S. Atlantic ports (Maine— Notice is given to the applicant NDK formation contained in the original Atlantic Coast Florida to but not includ­ Company, formerly Surfluoricide Com­ new-drug application as amended, and ing Key West) and foreign ports in the pany, New Iberia, Louisiana, that the the information contained in the pub­ Gulf of Mexico, Caribbean Sea, the Commissioner of Food and Drugs pro­ lished literature do not include reports Guianas (Mexico to southern border poses to issue an order refusing approval of well-controlled clinical investigations of French Guiana, all islands of the of supplemental new-drug application of the effectiveness of the drug in clul- Caribbean and West Indies), the Bahama No. 8851, dated October 2, 1963, sub­ dren under 6 years of age, by experts Islands and Bermuda. mitted by the NDK Company, formerly qualified by scientific training and ex­ 2. Requirements for United States Surfluoricide Company, for the drug perience to evaluate the effectiveness of flag operations exclusively or predomi­ “NDK, a brand of sodium monofluoro- the drug, upon which it could fairly and nantly on Trade Route No. 4 are ap­ phosphate 6 percent and hyamine responsibly be concluded that the drug proximately two sailings per week of 1622 ____ 0.05”, the applicant having will have the effect it purports or is rep­ combination passenger-cargo ships and made written request to file the supple­ resented to have in children under o approximately two sailings per week of mental application over protest, on the years of age; . freight ships, with some additional pas­ grounds that the supplemental applica­ b. The reports of investigations sud- senger and freight service by other regu­ tion is incomplete and inadequate to mitted as part of the supplemental new" larly scheduled U.S. flag sailings serving show that said drug is safe and effective drug application, considered together the route in part only. for use as prescribed, recommended, or with the reports of investigations con­ 3. Existing C-2 and C-3 type freight suggested in the proposed labeling, in tained in the original new-drug aPP“‘ ships and C-2 type combination ships that: cation as amended, and reports in tn^ continue to be suitable for operation on 1. The reports of investigations sub­ published literature do not include re­ Trade Route No. 4 on an interim basis, mitted as part of the supplemental new- ports of well controlled clinical inves - pending replacement. The SS’s SANTA drug application, considered together gâtions comparing the drug with otn PAULA and SANTA ROSA continue to with the reports contained in the original fluoride dentifrices, by experts qualm be suitable for long range operation. application as amended, do not include by scientific training and experience 4. Replacement ships constructed for adequate tests by all methods reasonably evaluate the effectiveness of the urug. this route should have adequate refrig­ applicable to show whether or not the upon which it could fairly and response Tuesday, J u n e 23, 1964 FEDERAL REGISTER 7949 bly be concluded that the drug will have Done at Washington, D.C., this 15th the effect it purports or is represented to day of June 1964. ATOMIC ENERGY COMMISSION have, by reason of the statement in the J o h n L . H a r v e y , [Docket No. PRM—102—A] proposed labeling that the drug is Deputy Commissioner NATIONAL COAL POLICY CONFER­ »Amerca’s most effective fluoride denti- of Food and Drugs. frice” f ENCE, INC., ET AL. [F.R. Doc. 64-6209; Filed, June 22, 1964; 5. Based on a fair evaluation of all Filing of Petition for Rule Making material facts, the proposed labeling is 8:50 a.m.j false and misleading, in that the state­ National Coal Policy Conference, Inc., ment in the proposed labeling that the ROHM AND HAAS CO. National Coal Association, and United drug is “America’s most effective fluo­ Mine Workers of America. ride dentifrice” is false and misleading in Notice of Filing of Petition Regarding Notice is hereby given that the N a­ the absence of substantial evidence that Pesticide Coordination Product of tional Coal Policy Conference, Inc., 1000 the article is effective, and compara­ Zinc Ion and Maneb Sixteenth Street NW., Washington, D.C.; tive studies establishing it as superior the National Coal Association, 1130 to other dentifrices. Pursuant to the provisions of the Fed­ Seventeenth Street NW., Washington, In accordance with the provisions of eral Food, Drug, and Cosmetic Act (sec. D.C.; and the United Mine Workers of section 505 of the Federal Food, Drug, 408(d)(1), 68 Stat. 512; 21 U.S.C. 346a America, 900 Fifteenth Street NW., and Cosmetic Act (21 U.S.C. 355), and (d) ( 1 ) ) , notice is given that a petition Washington, D.C.; have filed a petition the regulations appearing in Title 21, (PP 422) has been filed by Rohm & Haas requesting that the Commission issue a Code of Federal Regulations, Part 130, Company, Washington Square, Philadel­ rule pursuant to section 102 of the the Commissioner will give the appli­ phia, Pa., 19105, proposing the establish­ Atomic Energy Act of 1954, as amended, cant opportunity for a hearing, at which ment of a tolerance for residues of a fun­ finding that boiling light water reactors time he may produce evidence and argu­ gicide consisting of a coordination prod­ and pressurized light water reactors are ments to show why supplemental new- uct of zinc ion and maneb (manganous types of utilization or production facil­ drug application No. 8851, dated October ethylenebisdithiocarbamate), containing- ities that have been sufficiently developed 2,1963, is approvable. 20 percent manganese, 2.5 percent zinc, to be of practical value for industrial On or before the thirtieth day after and 77.5 percent ethylenebisdithiocarba­ or commercial purposes. receipt of this notice, the applicant is mate (the whole product of which is cal­ The petition also requests that the required to file with the Hearing Clerk culated as zinc ethylenebisdithiocarba­ Commission (1) publish a notice of pro­ of the Department of Health, Education, mate), at 10 parts per million in or on posed rule making, setting forth the and Welfare, Office of the General papayas, of which zero' shall be in the terms of the rule requested, (2) set the Counsel, Food and Drug Division, Room edible portion. matter down for public hearing, and (3) 5440, North Building, Department of The analytical method proposed in the accord the petitioners certain procedural Health, Education, and Welfare, 3d and petition for determining residues of this rights in connection with the hearing. Independence Avenue SW., Washing­ coordination product of zinc ion and A copy of the petition is available for ton, D.C., 20201, a written appearance manganous ethylenebisdithiocarbamate public inspection in the Commission’s electing whether: as above described is a modification of Public Document Room at 1717 H Street 1. To avail himself of the opportu­ the basic dithiocarbomate method of NW., Washington, D.C. Pease, Journal of the Association of O f­ nity for a hearing; or Dated at Germantown, Md., this 17th 2. Not to avail himself of the oppor­ ficial Agricultural Chemists, Volume 40, day of June 1964. tunity for a hearing. page 1113 (1957). If the applicant elects not to avail For the Atomic Energy Commission. Dated: June 16,1964. himself of the opportunity for a hear­ W . B. M cC o o l , M a l c o l m R . S t e p h e n s , ing, the Commissioner, without further Secretary to the Commission. notice, will enter a final order refusing Assistant Commissioner to approve supplemental new-drug ap­ for Regulations. [F.R. Doc. 64-6202; Filed, June 22, 1964; plication No. 8851, dated October 2,1963. 8:48 am .] [F.R. Doc. 64-6210; Filed, June 22, 1964; Failure of the applicant to file such a 8:50 am .] written appearance of election on or be­ fore the thirtieth day after receipt of this notice of opportunity for hearing STAUFFER CHEMICAL CO. FEDERAL MARITIME COMMISSION will be construed as an election by the MEMBER LINES OF THE BRAZIL/ applicant not to avail himself of the Notice of Filing of Petition Regarding UNITED STATES COFFEE AGREEMENT opportunity for a hearing. Food Additive Carbophenothion The hearing contemplated by this no­ Notice of Filing of Agreement Pursuant to the provisions of the Fed­ tice will be open to the public, except eral Food, Drug, and Cosmetic Act (sec. Notice is hereby given that the follow- * that any portion of the hearing which 409(b)(5), 72 Stat. 1786; 21 U.S.C. 348 ing described agreement has been filed concerns a method or process that the (b) (5 )), notice is given that a petition With the Commission for approval pur­ Commissioner finds is entitled to protec­ (FAP 1423) has been filed by Stauffer suant to section 15 of the Shipping Act, tion as a trade secret will not be open Chemical Company, 380 Madison Avenue, 1916 (39 Stat. 733; 75 Stat. 763; 46 U.S.C. to the public, unless the applicant speci­ New York 17, New York, proposing the 814) : fies otherwise in his appearance.- issuance of a regulation to establish a Agreement 9040-2, between the mem­ If the applicant elects to avail himself tolerance of 10 parts per million for re­ ber lines of the Brazil/United States of the opportunity for a hearing by filing sidues of the insecticide carbophenothion Coffee Agreement, provides for an exten­ a timely written appearance of election, (S- (p-chlorophenylthiomethyl) -O.O-di- sion through June 30, 1964 of the effec­ a hearing examiner will be named by ethyl phosphorodithioate) in or on de­ tiveness of the agreement and the pres­ the Commissioner and he shall issue a hydrated citrus pulp and meal when ent percentages established for the written notice of the time and place for present therein as a result of application division of revenues derived from the the hearing. At the hearing the appli­ of this insecticide in the production of transportation of coffee from Brazil to cant may present such evidence and United States Atlantic and Gulf ports. argument as are relevant and material grapefruit, lemons, limes, oranges, tán­ The agreement also provides for propor­ to the above-specified grounds on which gelos, and tangerines. tionate increases in the number of sail­ it is proposed to Refuse to approve the Dated: June 16,1964. supplemental application. The Food and ings each member line is to make in Orug Administration of the Department M a lc o l m R . S t e p h e n s , accordance with the terms and condi­ Assistant Commissioner Health, Education, and Welfare will tions set forth in the agreement. also be permitted to produce evidence for Regulations. Interested parties may inspect this ana argument relevant and material to [F.R. Doc. 64-6211; Filed, June 22, 1964; agreement and obtain copies thereof at such grounds. 8:50 am .] the Bureau of Foreign Regulation, Fed-

j 7950 NOTICES

eral Maritime Commission, Washington, shall be the same as its rates generally D.C. 20573 or may inspect a copy at the FEDERAL POWER COMMISSION applicable throughout its system for offices of the District Managers of the [Docket No. E-7169] towns of comparable size, area and utili­ Commission in New York, N.Y., New zation as the Town of Grimes. Orleans, La., and San Francisco, Calif., IOWA POWER AND LIGHT CO. Any person desiring to be heard or to and may submit to the Secretary, Federal Notice of Application make any protest with reference to said Maritime Commission, Washington, D.C. application should on or before July 6 20573 within 3 days after publication of Ju n e 16,1964. 1964, file with the Federal Power Com­ this notice in the F ederal R eg iste r , writ­ Take notice that on June 8, 1964, an mission, Washington, D.C., 20426, peti­ ten statements with reference to the application was filed with the Federal tions or protests in accordance with the agreement and their position as to ap­ Power Commission, pursuant to section requirements of the Commission’s rules proval, disapproval, or modification, to­ 203 of the Federal Power Act by Iowa of practice and procedure (18 CFR 1.8 or gether with a request for hearing, should Power and Light Company (Applicant) a 1.10). The application is on file and available for public inspection. such hearing be desired. corporation organized under the laws of the State of Iowa and doing business in J o s e ph H. G utride, Dated: June 19,1964. that State with its principal business Secretary. office at Des Moines, Iowa, seeking an By order of the Federal Maritime Com­ order authorizing it to acquire certain [F.R. Doc. 64r-6187; Filed, June 22, 1964; mission. facilities from the Incorporated Town of 8:47 ajn.J T h o m a s L i s i , Grimes, Iowa. Secretary. Applicant is engaged in the genera­ [Dockets RI64—764, etc.] tion, transmission, distribution and sale [FJR. Doc. 64-629v0; Filed, June 22, 1964; of electric energy in the central and CITIES SERVICE OIL CO. ET AL. 8:52 ajn .] southwest sections of Iowa in an area Order Providing for Hearings on and having an estimated aggregate popula­ tion as of December 31, 1963 of 520,000. Suspension of Proposed Changes in THE MEMBER LINES OF THE BRAZIL/ Both electric and natural gas service is Rates 1 UNITED STATES COFFEE AGREEMENT furnished in and around Des Moines and Ju n e 12,1964. in 44 other municipalities (estimated The Respondents named herein have Notice of Filing of Agreement 1963 population 300,000); electric service filed proposed increased rates and only is furnished in Council Bluffs, 66 Notice is hereby given that the follow­ charges of currently effective rate sched­ other municipalities, 75 unincorporated ules for sales of natural gas under Com­ ing described agreement has been filed communities and rural territory (esti­ mission jurisdiction, as set forth in ap­ with the Commission for approval pur­ mated 1963 population 200,000); and pendix A hereof. suant to section 16 of the Shipping Act, natural gas service only is furnished in The proposed changed rates and 1916 (39 Stat, 733; 75 Stat. 763; 46 U.S.C; 12 municipalities (estimated 1963 popu­ charges may be unjust, unreasonable, 814): lation 20,000). unduly discriminatory, or preferential, Agreement 9040-3 between the member The Town of Grimes maintains its own or otherwise unlawful. lines of the Brazil/United States Coffee electric light plant and distribution sys­ The Commission finds: It is in the Agreement, provides for an extension tem used to supply electric energy to con­ public interest and consistent with the through August 31, 1964 of the effective­ sumers in and adjacent to the Town Natural Gas Act that the Commission ness of the agreement and the present Which includes a street lighting system. enter upon hearings regarding the law­ According to the application, Town’s fulness of the proposed changes, and percentages established for the division generating plant is inadequate to supply that the supplements herein be sus­ of revenues derived from the transporta­ the needs of the Town and its customers pended and their use be deferred as tion. of coffee from Brazil to United and is operated only as standby. At the ordered below. States Atlantic and Gulf ports. The present time Applicant has two contracts The Commission orders: agreement also provides for proportion­ to supply the total electric requirements (A ) Under the Natural Gas Act, par­ ate increases in the number of sailings to the Grimes Municipal System. ticularly sections 4 and 15, the regula­ each member line is to make in accord­ Pursuant to a contract of sale, between tions pertaining thereto (18 CFR Ch. I), ance with the terms and conditions set the T’own of Grimes and applicant, and the Commission’s rules of practice forth in the agreement. entered into on the 11th day of May and procedure, public hearings shall be Interested parties may inspect this 1964, Applicant proposes to acquire from held concerning the lawfulness of the agreement and obtain copies thereof at the Town of Grimes and merge dr con­ proposed changes. (B) Pending hearings and decisions the Bureau of Foreign Regulation, Fed­ solidate with its own facilities the entire municipal electric light plant and dis­ thereon, the rate supplements herein eral Maritime Commission, Washing­ tribution system used and useful in sup­ are suspended and their use deferred ton, D.C. or may inspect a copy at the plying electric energy to consumers in until date shown in the “Date sus­ offices of the District Managers of the and adjacent to the Town, including the pended until” column, and thereafter Commission in New York, N.Y., New street lighting system, but excluding the until made effective as prescribed by the Orleans, La., and San Francisco, Calif., lot or lots on which the electric light Natural Gas Act. and may submit to the Secretary, Fed­ plant is located and the building housing (C ) Until otherwise ordered by the eral Maritime Commission, Washington, such plant and the oil tank located on Commission, neither the suspended sup­ D.C., 20573 within 3 days after publica­ the premises. plements, nor the rate schedules sought to be altered, shall be changed until dis­ tion of this notice in the F ederal R e g is ­ The applicant has agreed to pay the position of these proceedings or expira­ t e r , written statements with reference to Town $190,000 for the facilities which in­ tion of the suspension period. the agreement and their position as to clude all facilities used and useful in the generation, distribution and sale of (D ) Notices of intervention or peti­ approval, disapproval, or modification, electric energy to consumers within or tions to intervene may be filed with the together with a request for hearing, adjacent to the Town or to the Town for Federal Power Commission, Washington, should such hearing be desired. municipal purposes including water and D.C., 20426, in accordance w ith the rules Dated: June 19, 1964. sewage pumping, street lighting, and of-practice and procedure (18 CFR 1>° other municipal uses. and 1.37(f) ) on or before August 1,1964. By order of the Federal Maritime According to the application, after the By the Commission. Commission. acquisition, applicant will charge rates T h o m a s L i s i , [ s e a l ] J o s e ph H. G utride, in the Town of Grimes in accordance Secretary. Secretary. with its standard residential, commercial [FJEt. Doc. 64-8291; Filed, June 22, 1964; and industrial rates now on file with the 1Does not consolidate for hearing or dis­ 8:52 a.m.] Iowa State Commerce Commission that pose of the several matters herein. Tuesday, J u n e 23, 1964 FEDERAL REGISTER 7951

A ppendix "A ”

Cents per Mcf Rate in Rate Sup­ Amount Date Effective Date effect sub- Respondent sched- ple- Purchaser and producing area of annual filing date un- SUS- ject to No. ule mental increase tendered less sus- pended Rate in Proposed refund in No. No. pended until— effect increased docket rate Nos.

RI64-764... Cities Service Oil Co., 27 5 El Paso Natural Gas Co. (Lea $855 5-18-64 »8- 1-64 1- 1-65 » 15.5599 2 < «« 16.6318 G-20393, Bartlesville, Okla., County, N. Mex.) (Periman 74004, Attn: Mr. Basin Area). P.H. DuVal. Cities Service Oil Co.. 28 4 28 5-18-64 2 8- 1-64 1- 1-65 2 15. 5599 2 4 » 616.6318 Q—20393. 31 2 P) 5-18-64 »8- 1-64 1- 1-65 • 15.5599 2 4 » « 16.6318 G-20393. 43 8 El Paso Natural Gas Co. (Dollar- 3,523 5-18-64 28- 1-64 1- 1-65 17.1148 2 218.1216 G-20393. hide Field, Andrews County, Tex.) (R.R. Dis. No. 8) (Permian Basin Area). _ 52 7 El Paso Natural Gas Co. (North- 118 5-18-64 28- 1-64 t- 1-65 15. 2025 21 16.2160 G-20393. west Wheeler Field, Winkler County, Tex.) (R.R. Dist. No. 8) (Permian Basin Area). 18 15 El Paso Natural Gas Co. (Lea 13,580 5-18-64 2 8- 1-64 1- 1-65 « 15. 5599 2 4 2 « 16.6318 G-20393. County, N. Mex.) (Permian Basin Area). - 20 7 1,253 5-18-64 2 8- 1-64 1- 1-65 « 15. 5599 2 < s 6 16.6318 G-20393. 21 8 589 5-18-64 »8- 1-64 1- 1-65 2 15.5599 2 6 2 2 16.6318 G-20393. 22 6 192 5-18-64 28- 1-64 1- 1-65 • 15. 5599 2 • s 616.6318 G-20393. 23 6 34 5-18-64 2 8- 1-64 1- 1-65 • 15.5599 2 < » « 16.6318 G-20393. 26 4 9 5-18-64 2 8- 1-64 1- 1-65 • 15.5599 2 < s 6 16.6318 G-20393. 135 5 694 5-18-64 2 8- 1-64 1- 1-65 » 15. 5599 2 « » 616.6318 G-20393. 24 8 1,778 5-18-64 28- 1-64 1- 1-65 « 15. 5599 2 ‘ s 616. 3618 G-20393. 25 2 (8) 5-18-64 28- 1-64 1- 1-65 • 15. 5599 2 2 s « 16.6318 G-20393. 177 13 2,392 5-18-64 2 8- 1-64 1- 1-65 • 15.7093 2 « » 16.7228 G-20393. and Ward Counties, Tex.) (R.R. Dist. No. 8) (Permian Basin

BI64-765... Cities Service Oil Co. 51 15 El Paso Natural Gas Co. (Clara 4,257 5-18-64 2 8- 1-64 1- 1-65 i» 15.7093 2 2 1» 16.7228 G-20394. (Operator), et al. Couch and Noelke Fields, Crock­ 112 » 14.6958 2 4 n 15. 7093 0-20394. ett County, Tex.) (R.R. Dist. No. 7-c) (Permian Basin Area). 19 8 El Paso Natural Gas Co. (Lea 3,207 5-18-64 28- 1-64 1- 1-65 • 15.5599 24 ««16.6318 G-20394. County, N. Mex.) (Permian Basin Area). BI64-766__ Cities Service Oil Co. 105 7 El Paso Natural Gas Co. (Lehman 32,697 5-18-64 28- 1-64 1- 1-65 17.1148 2 4 18.1215 G-20395. (Operator). Plant, Cochran County, Tex.) (R.R. Dist. No. 8) (Permian Basin Area). BI64-767__ Blanco Oil Co., P.O. 6 2 El Paso Natural Gas Co. (Ingham 6,952 5-13-64 28- 1-64 1- 1-65 15.5 2 4 16.7228 G-20402. Box 2641, San (Devonian) Field, Crockett Antonio, Tex., County, Tex.) (R.R. Dist. No. 78206. 7-c). BI64-768... Dixon Management 4 4 Tennessee Gas Transmission Co. 3,439 5-21-64 « 6-21-64 11-21-64 « is 13.49751 su His 16.16947 Corp., et al., 1838 (Southwest Hutchins Field, Bank of the South­ Wharton County, Tex.) (R.R. west Building, Dist. No. 3). Houston Tex., 77002. Dixon Management 5 6 Tennessee Gas Transmission Co. 4,280 5-21-64 12 6-21-64 11-21-64 is 1613.49751 4 is is u 16.16947 Corp., et al. (Mach Field, Wharton County, Tex.) (R.R. Dist. No. 3). EI64-769__ Dixon Management 13 3 Tennessee Gas Transmission Co. 8,862 5-21-64 U 6-21-64 11-21-64 is 1613.49751 4 is rsie 16.16947 Corp. (Operator), (West Rock Island Field, Cólo- et al. rado County, Tex.) (R.R. Dist. No. 3). BI64-770__ J. S. Michael, 943 3 1 Valley Gas Transmission, Inc. 11,160 5-21-64 87 6-21-64 11-21-64 is 14.0 2 4 1» 15.0 San Jacinto Build­ (West Bay City Field, Matagorda ing, Houston 2, County, Tex.) (R.R.Dist, No, 3). 1 , Tex. EI64—771__ Humble Oil & Re- 156 1 American Louisiana Pipe Line Co. 7,203 5-25-64 « 7- 7-64 12- 7-64 2219.75 *1« «22.25 fining Co. (East Cheniere Perdue Field, 4Operator), et al. Cameron Parish, La.) (South P.O. Box 2180 Louisiana). Houston, Tex., 77002. Attn: Mr. John J. Carter.

| Contractually provided effective date. m For gas produced from Clara Couch Field, 9 Perodic rate increase. u For gas produced from Noelke Field. 8 Pressure base is 14.65 psia. i* The stated effective date is the first day after expiration of the required statu­ 8 Subject to reduction of 0.4467 cent per Mcf for compression of low pressure gas tory notice. (below 600 psig). » Favored-nation rate increase. •Includes partial reimbursement for 0.55 percent of increase in New Mexico n Rate is for pipeline quality gas and is inclusive of applicable tax reimbursement, Emergency School Tax. is Rate subject to downward Btu adjustment. NoNo production of gas well gas. Cashinghead gas sold under Rate Schedule i« Rate is inclusive of tax reimbursement and is subject to a 0.21931 cent per Mcf charge deducted by buyer for dehydration. Pro request waiver of notice to make Commission suspend their proposed in­ mission’s Statement of General Policy No. weir proposed rate increases effective as of creased rate that the suspension period with 61-1, as amended (18 CFR, Ch. I, Part 2, the date of filing, May 21, 1964. Good respect thereto be shortened to one day. § 2.56). cause has not been shown for waiving the Good cause has not been shown for limiting 30-day notice requirement provided in sec­ to one day the suspension period with re­ [F.R. Doc. 64-6082; Filed, June 22, 1964; tion 4(d) of the Natural Gas Act to permit spect to Humble’s rate filing and such request 8:45 a.m.] earlier effective dates for Dixon’s proposed is denied. NOTICES . V?9S2 ^ ¡a ir [Docket RI64-775] be suspended for five months from June set forth in appendix A hereof, and 22, 1964, the date of expiration of the thereafter until such further time as it > \ THOMAS A. DUGAN ET AL. statutory notice. is made effective in the manner pre­ Order Providing for Hearing on and Dugan requests an effective date of scribed by the Natural Gas Act: Pro­ March 1, 1964, for his proposed rate in­ vided, however, That Supplement No. 4 Suspension of Proposed Changes in creases. Good cause has not been shown to Dugan’s FPC Gas Rate Schedule No. i v Rates, and Allowing Rate Change for waiving the 30-day notice require­ 1 , insofar as it relates to gas delivered at To Become Effective Subject to ment provided in section 4(d) of the 250 psig and suspended herein for one Refund Natural Gas Act to permit an earlier day shall become effective subject to re­ Ju n e 12, 1964. effective date for Dugan’s rate filing and fund on June 23, 1964, if within 20 days from the date of the issuance of this On May 22, 1964, Thomas A. Dugan such request is denied. order Dugan shall execute and file under ¿'(Operator), et al. (Dugan), tendered The proposed changed rates and Docket No. RI64-775, with the Secretary for filing proposed changes in his pres- charges may be unjust, unreasonable, un­ of the Commission, his agreement and • ently effective rate schedule for sales of duly discriminatory, or preferential, or undertaking to comply with the refund­ natural gas subject to the jurisdiction of otherwise unlawful. ing and reporting procedure required by 1 the Commission. The proposed changes, The Commission finds: It is necessary and proper in the public interest and to the Natural Gas Act and Section 154.102 I which constitute increased rates and of the Regulations thereunder, accom­ charges, are set forth in appendix A aid in the enforcement of the provisions panied by a certificate showing service of f hereof. of the Natural Gas Act that the Commis­ sion enter upon a hearing concerning copies thereof upon the purchaser under Dugan filed two two-step periodic rate the rate schedule involved with respect increases, including partial tax reim- the lawfulness of the proposed changes, and that Supplement No. 4 to Dugan’s to gas delivered at 250 psig. Unless l bursement; one is for gas delivered at 250 Dugan is advised to the contrary within psig and the other is for gas delivered at PPC Gas Rate Schedule No. 1 be sus­ pended and the use thereof deferred as 15 days after the filing of his agreement 500 psig. The proposed rate of 12.0495 and undertaking, such agreement and cents per Mcf for 250 psig delivered gas hereinafter ordered. The Commission orders: undertaking shall be deemed to have is below the 13.0 cents per Mcf area ceil- been accepted. (A ) Pursuant to the authority of the : ing for increased rates. However, after (C ) Neither the supplement hereby adding a 1.0 cent per Mcf price adjust­ Natural Gas Act, particularly sections 4 and 15 thereof, the Commission’s rules suspended, nor the rate schedule sought ment for compression to make the gas to be altered thereby, shall be changed of practice and procedure, and the regu­ pipeline quality, the increased rate ex­ until this proceeding has been disposed lations under the Natural Gas Act (18 ceeds the ceiling by the amount of the tax of or until the periods of suspension have CFR, Ch. I ) , a public hearing shall be reimbursement. Under the circum­ expired, unless otherwise ordered by the held upon a date to be fixed by notice stances, we believe that Dugan’s 12.0495 Commission. cents per Mcf rate for gas delivered at 250 from the Secretary concerning the law­ fulness of the proposed increased rates (D ) Notices of intervention or peti­ psig should be suspended for 1 day from tions to intervene may be filed with the June 22, 1964, the date of expiration of and charges contained in Supplement No. 4 to Dugan’s FPC Gas Rate Sched­ Federal Power Commission, Washington, the required statutory notice. Dugan’s D.C., 20426, in accordance with the rules ule No. 1. other increased rate of 14.0578 cents per of practice and procedure (18 CFR 1.8 (B ) Pending a hearing and decision Mcf for gas delivered at 500 psig exceeds and 1.37(f)) on or before August 1,1964. thel3.0 cents per Mcf area ceiling rate as thereon, the above-designated rate sup­ set forth in the Commission’s Statement plement is hereby suspended and the use By the Commission. of General Policy No. 61-1, as amended thereof deferred until the date indicated [ seal] Joseph H. G utride, (18 CFR Ch. I, Part 2, § 2.56) and should in the “Date Suspended Until” column Secretary. A ppendix “ A ”

Effective Cents per Mcf Rate in Rate Sup­ Amount Date date Date sus­ effect sub­ Docket Respondent sched­ ple­ Purchaser and producing area of annual filing unless pended ject to No. ule ment increase tendered sus­ until— Rate in Proposed refund in No. No. pended effect increased docket rate ’ Nos.

RI64-775_„ Thomas A. Dugan 1 . 4 El Paso Natural Gas Co. (South $205 6-22-64 16-22-64 •6-23-64 • io:o « «»«12.0495 (Operator), et aL, Blanco Pictured Cliffs Field, Rio 206 6-22-64 t 6-22-64 711-22-64 • 12.0 3 ««»14.0578 P.O. Box 234, Arriba County, N. Mex.) (San Juan Farmington, N. Basin Area). Mex.

i The stated effective datels the first day after expiration of the required statutory • Includes partial tax reimbursement for 0.55 percent increase in .New Mexico notice. Emergency School Tax. - . . ... f 1 The suspension period is limited to one day. 7 Rate is suspended for five months from date of expiration of the required tniriy * Two-step periodic increase plus applicable tax reimbursement. days’ notice. ■ * Pressure base is 15.026 psia. * For gas delivered at 500 psig. * For gas delivered at 250 psig. [F.R. Doc. 64-6083; Filed, June 22,1964; 8:45 a.m.]

[Dockets RI64-772, etc.] charges of currently effective rate sched­ The Commission orders: (A) Under the Natural Gas Act, par­ GULF OIL CORP., ET AL. ules for sales of natural gas under Com­ mission jurisdiction, as set forth in ap­ ticularly sections 4 and 15, the regula­ Order Providing for Hearing on and pendix A hereof. tions pertaining thereto (18 CFR Ch. I). The proposed changed rates and and the Commission’s rules of practice Suspension of Proposed Changes in and procedure, public hearings shall oe Rates, and Allowing Rate Changes charges may be unjust, unreasonable, unduly discriminatory, or preferential, or held concerning the lawfulness of tne To Become Effective Subject to otherwise unlawful. proposed changes. . Refund 1 The Commission finds: It is in the (B) Pending hearings and decisions Ju n e 12,1964. public interest and consistent with the thereon, the rate supplements herein ar The Respondents named herein have Natural Gas Act that the Commission suspended and their use deferred un filed proposed changes in rates and enter upon hearings regarding the law­ date shown in the “Date suspended unt fulness of the proposed changes, and that column, and thereafter until made ef­ •Does not consolidate for hearing or dis­ the supplements herein be suspended and fective as prescribed by the Natural pose of the several matters herein. their use be deferred as ordered below. A Ji TTlilfi th e SUPP Tuesday, J u n e 23, 1964 FEDERAL REGISTER 7953 merits to the rate schedules filed by Re­ the regulations thereunder, accompanied to be altered, shall be changed until dis­ spondents, as set forth herein, shall be­ by a certificate showing service of copies position of these proceedings or expira­ come effective subject to refund on the thereof upon all purchasers under the tion of the suspension period. date and in the manner herein prescribed rate schedule involved. Unless Respond­ (D ) Notices of intervention or peti­ if within 20 days from the date of the ents are advised to the contrary within tions to intervene may be filed with the issuance of this order Respondents shall 15 days after the filing of their respective Federal Power Commission, Washington, each execute and file under its above- agreements and undertakings, such D.C., 20426, in accordance with the rules designated docket number with the Sec­ agreements and undertakings shall be of practice and procedure (18 CFR 1.8 retary of the Commission its agreement deemed to have been accepted. and 1.37(f) ) on or before August 1, 1964. and undertaking to comply with the re­ (C ) Until otherwise ordered by the By the Commission. funding and reporting procedure required Commission, neither the suspended sup­ [ s e a l ] J o s e ph H. G u t r id e , by the Natural Gas Act and § 154.102 of plements, nor the rate schedules sought Secretary. A ppendix “ A "

Effective Cents per Mcf Rate in Rate Sup- Amount Date date Date sus- Docket Respondent sched­ ple- Purchaser and producing area of annual filing unless pended ject to No. ule ment increase tendered sus­ until— Rate in Proposed refund in No. No. pended effect increased docket rate Nos.

RI64-772... Gulf Oil Corp. (Oper­ Ill 5 Northern Natural Gas Co. (Homann $333 5-13-64 8 6-14-64 8 6-15-64 10.0960 4 811.1056 ator), et al., P.O. Gas Field, Gaines County, Tex.) Box 1589, Tulsa, (R.R. Dist. No. 8) (Permian Basin Okla., 74102, Attn: Area). Donald R. Arnett, attorney. RI64-773__ Roy L. Cook, P.O. 2 1 El Paso Natural Gas Co. (Dakota 1, 513 5-13-64 86-13-64 »6-14-64 713.0 44714.0 Box 696, Albuquer­ Formation, San Juan County, N. que, N. Mex., 87103. Mex.) (San Juan Basin Area). RI64-774__ Skelly Oil Co., P.O. 121 1 Phillips Petroleum Co. (Sombrero 3,145 5-14-64 «6-14-64 8 6-15-64 9.5 4 8 8 10.5 Box 1650, Tulsa, Unit, Seaman Pool, Lea County, Okla., 74102, Attn: N. Mex.) (Permian Basin Area). Mr. Richard J. Dent.

J Contractually provided effective date. 7 Includes 1.0 cent per Mcf added to reflect minimum guarantee for liquids. * The suspension period is limited to one day. ' The stated effective date is the effective date requested by Respondent. 4 Periodic rate increase. xt cents per Mcf) is in effect subject to refund ¿1 Docket 8 Pressure base is 14.65 psia. No. RI63-453 (Phillips Petroleum Company (Operator) Rate Schedule No. 243, 8 Pressure base is 15.025 psia. Supplement No. 15).

Gulf Oil Corporation’s (Operator), et al. [Dockets G-10692, etc.] merce to Cities Service Gas Company for (Gulf), proposed rate exceeds the applicable area ceiling price for increased rates in the WOODS PETROLEUM CORP. AND resale, all as more fully set forth in the Permian Basin Area by the amount of the MINERAL MINING CO. application and in the Appendix hereto. tax reimbursement. Since G u lf’s proposed Applicant proposes to continue in part rate increase reflects tax reimbursement, the Certificate of Public Convenience and sales of natural gas initiated by Woods suspension, period may be shortened to one Necessity and FPC Gas Schedules Petroleum Corporation (Woods) which day from June 14, 1964, the contractually sales were authorized in Docket Nos. provided effective date. J u n e 12,1964. G-10692 and G-11372.1 Applicant pro­ Roy L. Cook (Cook) did not include as part of his proposed rate the contractually pro­ Woods Petroleum Corporation, Docket poses to continue in toto a sale of natural vided 1.0 cent per Mcf minimum guarantee G-10692; Woods Petroleum Corporation, gas initiated by Woods which was au­ for liquids. The addition of this minimum Docket G-11372; Woods Petroleum Cor­ thorized in Docket No. CI63-1321. guarantee of 1.0 cent per Mcf to the base poration (Operator), et al., and Mineral On October 9, 1963, Woods filed in rate plus the periodic increase results in a Mining Company, Docket G-20437;1 Docket No. G-10692 an application to total rate in excess of 13.0 cents per Mcf area Woods Petroleum Corporation (Opera­ amend the order issuing a certificate in ceiling for increased rates in the San Juan tor), et al., Docket CI63-1321; Mineral said docket by authorizing the sale of Basin Area. We believe, in this situation, Cook’s rate filing should be suspended for one Mining Company (Operator), et al. (Suc­ natural gas from additional acreage. day from June 13, 1964, the contractually cessor to Woods Petroleum Corporation Applicant proposes to continue the sale provided effective date. (Operator), et al.), Docket CI64-1093. of natural gas from the additional acre­ Skelly Oil Company’s (Skelly) proposed Findings and order after statutory age. The letter agreement between rate increase to 10.5 cents per Mcf for gas sold hearing issuing Certificate of Public Con­ Woods and Cities Servie^ Gas Company to Phillips Petroleum Company (Phillips) is venience and Necessity amending cer­ for the sale of gas from the additional below the applicable area increased ceiling tificates, terminating certificate, dis­ acreage contains price-changing provi­ of 11.0 cents per Mcf. Phillips gathers and sions other than those permitted by processes the gas and thereafter resells it to missing application to amend certificate, El Paso Natural Gas Company. Phillips’ re­ making successor in interest corespond­ § 154.93 of the regulations under the sale rate of 14.20421 cents per Mcf is in effect ent, redesignating proceeding, requiring Natural Gas Act. Authorization to sell subject to refund in Docket No. RI63-453. filing of surety bond, redesignating FPC natural gas from the subject acreage will The area rate ceiling is considered to be ap­ gas rate schedule, and accepting FPC be conditioned upon the deletion of such plicable to the sale of gas by Phillips after gas rate schedules and supplements for -provisions. gathering and processing.. Accordingly, the filing. proposed rate involved here, although not in Applicant proposes to sell natural excess of the applicable increased rate ceil- On March 12, 1964, Mineral Mining gas pursuant to contracts, inter alia, Company (Applicant) filed in Docket ug for pipeline quality gas as set forth in the heretofore designated as Woods Petro­ No. CI64-1093 an application pursuant to Commission’s Statement of General Policy leum Corporation (Operator), et al., 8 9 K61-1’ SS amended (18 CFR, Ch. I, Part 2, section 7(c) of the Natural Gas Act for 8 2.56), should be suspended for one day be- a certificate of public convenience and FPC Gas Rate Schedule Nos. 1 and 2. ause the sale related thereto is considered necessity authorizing the sale and de­ The presently effective rates under said o be for nonpipeline quality gas within the livery of natural gas in interstate com- rate schedules are in effect subject to meaning of the policy statement. refund in Docket No. G-20437. Ap­ [F.R. Doc. 64-6084; Filed, June 22, 1964; 1 Consolidated with Docket No. AR64-1, plicant has filed a motion to be made a 8:45 a.m.] et al. corespondent in said proceeding.

V- 7954 NOTICES

After due notice no petition to inter­ Applicant should be required to file a proceedings or objections relating to the vene, notice of intervention, or protest surety bond in Docket No. G-20437 to as­ operation of any price or related provi­ to the granting of the application has sure refund with interest any amount sions in the gas purchase contracts here­ been received. collected in excess of the amount to be in involved. Nor shall the grant of the At a hearing held on June 10,1964, the determined to be just and reasonable in certificate aforesaid for service to the Commission on its own motion received said proceeding with respect to sales particular customer involved imply ap­ and made part of the record in this made on or after October 1, 1963, from proval of all of the terms of the con­ proceeding all evidence, including the the properties assigned by Woods to tracts, particularly as to the cessation of application and exhibits thereto, sub­ Applicant. service upon termination of said con­ mitted in support of the authorization ( 8) It is necessary and appropriate in tract, as provided by section 7 (b) of the sought herein, and upon consideration carrying out the provisions of the Nat­ Natural Gas Act. Nor shall the grant o f the record, ural Gas Act that the notice of succession of the certificate aforesaid be construed The Commission finds: to Woods Petroleum Corporation (Op­ to preclude the imposition of any sanc­ (1) Applicant, Mineral Mining Com­ erator), et al. FPC Gas Rate Schedule tions pursuant to the provisions of the pany, will be engaged in the sale and No. 7 should be accepted for filing and Natural Gas Act fpr the unauthorized delivery of natural gas in interstate that said rate schedule should be re­ commencement of any sale of natural commerce for resale for ultimate public designated as a rate schedule of Appli­ gas subject to said certificate. consumption and therefore will be a cant, and that the other related rate (E ) The orders issuing certificates to “natural-gas company” within the schedules and supplements submitted by Woods in Docket Nos. G-10692 and G- meaning of the Natural Gas Act upon Applicant should be accepted for filing. 11372 be and the same are hereby commencement of the service proposed The Commission orders : amended by deleting therefrom authori­ herein. (A ) A certificate of public convenience zation to sell natural gas from the prop­ (2) The sales of natural gas herein­ and necessity be and the same is hereby erties assigned to Applicant, and in before described, as more fully de­ issued, upon the terms and conditions all other respects said orders shall remain scribed in the application in this pro­ of this order, authorizing the sale by in full force and effect. ceeding and in the appendix hereto, will Applicant of natural gas in interstate (F ) The certificate heretofore issued be made in interstate commerce subject commerce for resale, together with the in Docket No. CI63-1321 be and the same to the jurisdiction of the Commission, construction and operation of any facili­ is hereby terminated. and such sales by Applicant, together ties subject to the jurisdiction of the (G) .Applicant be and it is hereby with the construction and operation of Commission necessary therefor, all as joined as a corespondent with Woods in ,any facilities subject to the jurisdic­ hereinbefore described and as more fully the pending rate proceeding in Docket tion of the Commission necessary there­ described in the application in this pro­ No. G-20437, and said proceeding is re­ for, are subject to the requirements of ceeding and in the appendix hereto. designated accordingly. subsections (c) and (e) of section 7 of (B ) The certificate granted in para­ (H ) Within 30 days from the issuance the Natural Gas Act. graph (A ) above shall include the sale of this order, Applicant shall execute, in pL (3) Applicant is able and willing prop­ of natural gas from acreage described in the form set out below, and shall file with erly to do the acts and to perform the the application to amend filed in Docket the Secretary of the Commission, a surety service proposed and to conform to the No. G-10692 on October 9, 1963, by bond for $7,800 in Docket No. G-20437 provisions of the Natural Gas Act and Woods, and said application to amend to assure the refund of any amounts, to­ the requirements, rules, and regulations be and the same is hereby dismissed as gether with interest at the rate of seven of the Commission thereunder. moot. However, with respect to the sale percent per annum, collected in excess of (4) The sales of natural gas by Appli­of gas from said acreage, the authoriza­ the amount to be determined to be just cant, together with the construction and tion granted in paragraph (A ) above is and reasonable in said docket, insofar operation of any facilities subject to the conditioned to require Applicant to as said proceeding concerns sales made jurisdiction of the Commission necessary amend the supplement to the related on or after October 1, 1963, from the therefor, are required by the public con­ FPC gas rate schedule so as to eliminate properties assigned to Applicant by venience and necessity, and a certificate the pricing provisions contained therein Woods. Unless notified to the contrary "therefor should be issued as hereinafter by reference which are proscribed by by the Secretary of the Commission with­ . ordered and conditioned, §§ 154.93 and 157.14(a) (10) and the pro­ in 30 days from the date of submission, j f (5) It is necessary and appropriate in viso of Exhibit “B ” of § 157.25 of the such surety bond shall be deemed to have I carrying out the provisions of the Natural Commission’s regulations under thë Nat­ been accepted for filing. } Gas Act and the public convenience and ural Gas Act. (I) The notice of succession to Woods S necessity require that the certificate (C ) The certificate granted in para­ Petroleum Corporation (Operator), et 'heretofore issued in Docket No. CI63- graph (A ) above is not transferable and al., FPC Gas Rate Schedule No. 7 be and 1 1321 should be terminated and that the shall be effective only so long as Appli­ the same is hereby accepted for filing, certificate heretofore issued in Docket cant continues the acts or operations said rate schedule is redesignated as a Nos. G-10692 and G-11372 should be hereby authorized in accordance with rate schedule of Applicant, and the other amended by deleting therefrom authori­ the provisions of the Natural Gas Act rate schedules and supplements sub­ zation to sell natural gas from the and the applicable rules, regulations, and mitted by Applicant are accepted for acreage assigned to Applicant. orders of the Commission. filing, all as set forth in the appendix > <6) It is necessary and appropriate in (D ) The grant of the certificate issued hereto. parrying out the provisions of the Natural in paragraph (A ) above shall not be (J) Applicant shall comply with the Gas Act that the application to amend construed as a waiver of the require­ refunding and reporting procedure re­ jfiled in Docket No. G-10692 on October 9, ments of section 4 of the Natural Gas quired by the Natural Gas Act and §154.- Í963, by Woods Petroleum Corporation Act or of Part 154 or Part 157 of the 102 of the regulations thereunder, and f should be dismissed as moot. Commission’s regulations thereunder, Applicant’s surety bond filed in Dock­ I I (7) It is necessary and appropriate in and is without prejudice to any findings et No. G-20437 shall remain in full ^(Carrying out the provisions of the Nat- or orders which have been or may here­ force and effect until discharged by the /ural Gas Act that Applicant should be after be made by the Commission in any Commission. i jpined as a co-respondent with Woods proceeding now pending or hereafter in­ By the Commission. |ija the rate proceeding pending in Docket stituted by or against Applicant. Fur­ f Ño. G-20437, that said proceeding should ther, our action in this proceeding shall [ seal] Joseph H. G utride, ) l|e redesignated accordingly, and that not foreclose nor prejudice any future Secretary.

A # /T -1 " '•*" t f ' v -, ; 1 \ } (■: >-V ¡ I g§§^:!! Itfyii - Siili Tuesday, J u n e 23, 1964 FEDERAL REGISTER 7955

A ppendix walls, spillway section, a 70 foot section with 2 low log sluices (each about 9 feet New designation wide) and 2 high log sluices (one about M ineral Mining 24 feet wide and one about 8 feet wide) C o m p a n y Former designation and Predecessor description and date of Effective Location certificate and a fishway about 10 feet wide, an in­ instrument date authori­ zation take section about 108 feet long, 5 auxil­ Bate Supple­ schedule ment iary earth dikes (total length about 2,326 feet) ; (2) a concrete spillway about 10-1-63 168 feet long, including 14 waste gates 1 Contract 6-25-56______Eureka Field, Grant and Alfalfa G-10692. Couflties, Okla. (about 8' w x 9' h ) , with about 7 feet of 1 1 10-1-63 stoplogs on the crest; (3) a reservoir 1 10-1-63 »2 Woods Petroleum Corp. (Oper- Eureka Field, Alfalfa County, Okla.. CI63- (area of about 16,100 acres at elevation ator), et al., F P C Gas Rate 1321. of 491.92 feet, U.S.G.S.) containing about Schedule No. 7. Notice of succession 2-27-64___ 10-1-63 340,000 acre-feet of usable storage with » 2 10-1-63 drawdown of about 22 feet; (4) an in­ 10-1-63 Medford Field, Grant County, Okla. G-11372. 3 door powerhouse, integral with the dam, 3 10-1-63 containing one 3,250 hp and two 3,050 »(Operator), et aL hp turbines (9,350 hp total) direct con­ nected to one 3,000 kw and two 2,600 kw Suggested Surety Bond Form signs, in conformity with the terms and con­ ditions of the notice issued (Date of Notice) generators (8,200 kw total) ; (5) a 34.5 kv SURETY BOND by the Federal Power Commission, Docket No. substation; (6) 34.5 kv transmission line, Know all men by these presents, ___ ;___(Name of Respondent), shall; about 5 miles long; (7) and appurtenant That we (Name and address of the natural (1) Well and truly repay at such times facilities. gas company) (hereinafter called “Prin­ and in such amounts, to the persons entitled Millinocket— The development in­ cipal”), as Principal, and (Name and address thereto, and in such manner as may be re­ cludes: ( 1 ) a concrete gravity dam at and place of incorporation of Surety Bond quired by the final order of the Commission outlet of Quakish Lake (area of about Company) (hereinafter called “Surety”), as in said proceeding, subject to court review 1,400 acres, negligible storage), with Surety, are held and firmly bound unto the thereof, any portion of such rate and charge Federal Power Commission (Agency of the collected by (Name of Respondent) after spillway section about 1,086 feet long United States of America) (hereinafter called (Effective Date) as such final order may find (maximum height about 24 feet, topped tie “Obligee”) in the sum of (Amount of not justified, together with interest thereon with 2.5 foot flashboards), auxiliary proposed annual increased rates in dollars) at the rate of seven (7) percent per annum dikes, a 52 foot waste gâte and log sluice for the payment of which well and truly to from the date of payment thereof to (Name section; (2) a headgate section (10 gates, be made, we, the said Principal and the said of Respondent) until refunded; and about 8' w x 11* h, and a 12 foot sluice­ Surety, bind ourselves, our heirs, executors, (2) Comply otherwise with the terms and way with stop logs) serving a canal to administrators, successors, and assigns, joint­ conditions of the notice issued (Date) in ly and severally, firmly by these presents. Docket N o . ______, and with the provisions Ferguson Pond; (3) outlet cana’. head- The condition of this obligation is such of the Natural Gas Act relating thereto, gate structure; (4) outlet canal; (5) pen­ stock headgate structure six gates each that: then this obligation shall be terminated, Whereas (Name of Respondent), on (Date 12.5' x 12.5', and 1 gate 13.5' x 13.5'), otherwise to remain in full force and effect. of Original Piling), filed with the Federal In witness whereof, the parties hereto have (6) six steel penstocks 10 feet in diam­ Power Commission (herein called the Com­ placed their hands and seals on t h is ______eter and about 1,007 feet long, one steel mission) Supplement No. ______to Re­ day o f ______penstock 11 feet in diameter and about spondent’s PPC G a s Rate Schedule N o .______, 1,024 feet long; (7) a hydro-mechanical proposing to increase a rate and charge over Attest : which the Commission has exercised juris­ B y ------_------installation of six 5,250 hp turbines diction; and (Principal) (total 31,500 hp), and a hydroelectrical Whereas, by order issued (Suspension Order By ______------installation of two 5,500 hp turbines Issuance Date), the Commission suspended (Surety) (total 11,000 hp), connected to two 4,000 the operation of tlje proposed supplement kw generators (total 8,000 kw) ; a 34.5 [P.R. Doc. 64—6089; Piled, June 22, 1964; and ordered a hearing to be held concerning kv substation; (8) short 34.5 kv line the lawfulness of the proposed rate, charge, 8:45 a.m.] (several hundred feet) ; (9) and appur­ and classification, subject to the Commis­ sion’s jurisdiction, as therein set forth; and tenant facilities. by said order the use of such supplement was [Project No. 2458] Dolby— The development includes : ( 1 ) deferred u n til (Suspended Until Date), and GREAT NORTHERN PAPER CO. a composite dam about 1,390 feet long until such further time as it is made effective (maximum height about 56 feet) at the to the m anner prescribed by the Natural Gas Notice of Application for License outlet of Dolby Pond (area of about 2,300 Act; and acres), with concrete gravity spillway Whereas, a hearing has not been held and J u n e 16, 1964. section about 502 feet long (topped with this proceeding has not been concluded; Public notice is hereby given that ap­ and (Name of Respondent), pursuant to the 4 foot flashboards), a 34 foot log sluice plication has been filed under the Fed­ section, a 76 foot waste gate section (6 provisions of section 4(e) of the Natural Gas eral Power Act (16 U.S.C. 791a-825r) by Act, having on (Date Motion P ile d ), filed a gates, about 6' w x 9' h ), an integral Great Northern Paper Company (cor­ motion to make the change in rate effective powerhouse, and an earth dike (about (Requested Effective D a te); and respondence to: Mr. Robert Hellendale, 569 feet long) with concrete core wall; Whereas, the Commission, in response to Secretary, Great Northern Paper Com­ (2) a pond (about 2,300 acres) ; (3) an said motion, on (Date of Notice), issued its pany, 522 Fifth Avenue, New York, New indoor powerhouse, integral with the notice m aking the rate, charge, and classifica- York, 10036) for .license for constructed on set forth in the aforesaid Supplement dam, containing one 3,900 hp, one 2,400 Project No. 2458, known as the Penobscot hp, three 2,100 hp and three 1,800 hp 0° : ------to Respondent’s PPC Gas Rate Mills Project, located on the West whedule N o .------, effective as of (Effective turbines (total 18,000 hp) direct con­ Branch of the Penobscot River in the , te), subject to Respondent’s furnishing a nected to one 3,000 kw, four 1,800 kw vicinity of Millinocket and East Milli- th iQ sum $______> satisfactory to and three 1,300 kw generators (total e Commission, and requiring that Re­ nocket, Penobscot and Piscataquis Coun­ 14,100 kw) ; (4) a 6.6/34.5 kv substation; ties, Maine. spondent refund any portion of the increased (5) five 6.6 kv circuits (about 1.8 miles a e and charge found by the Commission The Penobscot Mills Project consists long) to East Millinocket Mill; (6) and of the following four developments: biDocketNo------not justified; appurtenant facilities. North Twin— Located at the outlet of its °W> therefore, If (Name of Respondent), East Millinocket— Located at East corporate surety (and their heirs, execu- North Twin Lake. The development in­ Millinocket. The development includes : s, administrators1), successors and as­ cludes: ( l ) a composite dam about 972 ( 1) an earth dike (about 100 feet long) feet long (maximum height about 35 with concrete core wall, a concrete grav­ cendent;6 included ** a noncorporate re- feet) including two earth wings (total ity spillway about 423 feet long (maxi­ length about 620 feet) with concrete core mum crest height about 21 feet) topped No. 122------7 7956 NOTICES with 4 foot flashboards, a 9 foot wide pier, a 23 foot wide log sluice, a concrete Docket No. Price Pres­ and date filed Applicant Purchaser, field and location per Mcf sure non-overflow section about 146 feet long base with 6 flumes (each about 20' w x 52' 1/ with 2 headgates about 9' w x 12' h) ; (2) G-7079_____ Blair Johnson (successor to Co­ Cumberland and Allegheny Gas Co. 20.0 16.325 a hydromechanical installation of 6 X E 6-5-64 lumbian Fuel Corp.). acreage in Lewis County, W . Va. G-7193_____ The Pure Oil Co. (partial aban­ Humble Gas Transmission Co., Car­ Assigned 1,648=9,888 hp turbines (total 9,888 hp) ; D 6-11-64 donment). thage Point Field, Adams County, (3) and appurtenant facilities. Miss. G-9928____ Gulf Oil Corp...... Natural Gas Pipeline Co. of America, 12.0 14.65 Protests or petitions to intervene may C 6-5-64 Quinduno Field, Roberts County, be filed with the Federal Power Commis­ Tex. sion, Washington, D.C., 20426, in accord­ G-12379— .. Expando Production Co. (suc­ Warren Petroleum Cc»rp., East Pan­ 6.25 1465 E 6-1-64 cessor to Fain & M cGaha). handle Sweet Gas Field, Wheeler ance with the rules of practice and pro­ County, Tex. cedure of the Commission (18 CFR 1.8 G-13746____ Socony .M obil Oil Co., Inc. Transcontinental Gas Pipe Line Assigned D 6-4-64 (partial abandonment). Corp., West Cameron Block 110, et or 1.10). The last day upon which pro­ al,.Field, St. M ary and Terrebonne tests or petitions may be filed is August Parishes, La. G-14653— Smith & Barker Oil & Gas Co. Hope Natural Gas Co., Sherman 20.0 15.325 3, 1964. The application is on file with C 6-9-64 Inc. Dist., Calhoun County, W . Va. the Commission for public inspection. G-16451.__ C. Michael Paul (successor to Northern Natural Gas Co., North 16.5 1465 E 6-11-64 Josephine P. Bay (Operator), Spearman Morrow Field, Hansford J o s e ph H . G u t r id e , et al.). County, Tex. G-18901___ Graridge Corp. (Operator), et Banquete Gas Co., a division of Crest- 7.0896 1465 Secretary. E 6-8-64 al. (successor to Graridge, mont Consolidated Corp., Plym­ Ibex & Williams, Ltd.). outh and East Taft Fields, San [F.R. Doc. 64-6186; Filed, June 22, 1964; Patricio County, Tex. 8:47 a.m.] G-18977___ Gulf Oil Corp______.... Michigan Wisconsin Pipe Line Co., 17.0 14 65 C 6-9-64» Laveme and Northwest Doby Springs Fields, Harper County, Okla. [Docket Nos. G-7079, etc.] CI61-18-,.-. Socony M obil Oil Co., Inc. Mountain Fuel Supply Co., Alkali Assigned D 6-4-64 (partial abandonment) Creek Field, Sweetwater County, BLAIR JOHNSON ET AL. Wyo. CI63-147- — Hollandsworth & Travis (Oper­ Arkansas Louisiana Gas Co., Scotts- 11.2996 1465 C 6-10-64 ator), et al: ville Field, Harrison County, Tex. Notice of Applications for Certificates, CI63-234.... Socony M obil Oil Co.-,' Inc. Arkansas Louisiana Gas Co., Red Assigned D 6-8-64 (partial abandonment). Oak Field Area, Latimer and Le Abandonment of Service and Peti­ Flore Counties, Okla. tions To Amend Certificates 1 CI63-951___ W . H . Hildreth, et aL._t_.jC.___ Hope Natural Gas Co., Spencer Dist., 25.0 15.325 C 6-4-64 Roane County, W . Va. Warren Petroleum Corp., East Pan­ 6.25 1465 J u n e 16,1964. C 164-444__ s Expand# Production Co. (suc­ E 6-1-64 cessor to Fain & McGaha handle Sweet Gas Field, Wheeler Take notice that each of the Appli­ (Operator), et al.). County, Tex. CI64-1350... C. B. Webster (Operator), et al.. Trunkline Gas Co., Hinkie Field, Depleted cants listed herein has filed an applica­ B 5-8-64 Harris County, Tex. tion or petition pursuant to section 7 CI64-1448... E. J. Pearl______Almos Gas Gathering Co., Seeley 8.0 1465 of the Natural Gas Act for authorization A 5-28-64 Field, Bee County, Tex. CI64-1449... Ted Weiner (Operator), et al— . Transcontinental Gas Pipe Line Depleted to sell natural gas in interstate com­ B 5-26-64 Corp., South Bayou Mallet Field, merce or to abandon service heretofore Acadia Parish, La. CÏ64-1450... Dwight J. Wilson______...______Natural Gas Pipeline Co. of America, 17.0 1465 authorized as described herein, all as A 6-4-64 Quinlan Field, Woodward County, more fully described in the respective ap­ Okla. CI64-1451... Ashmun & Hilliard No. 5 Ltd. E l Paso Natural Gas Co,, Monahans (?) 1465 plications and amendments which are A 6-4-64 (Operator), et al. (Devonian, Lower) Field, W ard and Winkler Counties, Tex. on file with the Commission and opep, 15.025 CI64-1452... John A. Egan______.... E l Paso Natural Gas Co., acreage in 11.0 to public inspection. San Juan County, N . Mex. A 6-4-64 15.025 Protests or petitions to intervene may CI64-1453... Mike Abraham, et al______El Paso Natural Gas Co., Ballard i i o A 6-4-64 Pictured Cliffs, Rio Arriba County, be filed with the Federal Power Commis­ N . Mex. 15.025 sion, Washington, D.C., 20426, in accord­ CI-64-1454.. Gulf Oil Corp...... Tennessee Gas Transmission Go., Pat­ 19.625 terson Field, St. M ary Parish, La. ance with the rules of practice and pro­ A 6-4-64 14 65 CI64-1455... Paul D . Little (Operator) Almos Gas Gathering Co., Linke 12.0 cedure (18 CFR 1.8 or 1.10) on or before Field, Bee County, Tex. A 6-4-64 1465 July 13, 1964. CI64-1456... Ames Gathering Co.*____ Union Texas Petroleum, a division of 1 2.0 A 6-1-64 Allied Chemical Corp., Northeast Take further notice that, pursuant to Ames Field, Major County, Okla. the authority contained in and subject CI64-1457... E. C. Sidwell and R. C. Sidwell, Lone Star Gas Co., East Panhandle (?) to the jurisdiction conferred upon the B 5-26-64 -, Operators. Field, Wheeler County, Tex. CI64-1458... Creslenn Oil Co__ ...... ______dO______j------(•) Federal Power Commission by sections 7 B 5-26-64 13.0 1465 and 15 of the Natural Gas Act and the CI64-1459- Socony M obil Oil Co., In c .— El Paso Natural Gas Co., East Pan­ A 6-8-64 handle Field, Wheeler County, Tex. « 14.55861 1465 Commission’s rules of practice and pro­ CI64-1460... Tenneoo Oil Co. (Operator), et Trunkline Gas Co., McAllen Field, cedure, a hearing will be held without A 6-4-64 al. (partial successor to M ay- Hidalgo County, Tex. fair Minerals, Inc.). 12.66 1465 further notice before the Commission on 0164-1461... The Algas Co______...... United Gas Pipe Line Co., Various Fields, Jim Wells County, Tex. all applications in which no protest or A 6-8-64 11.0 1465 CI64-1462.. S u n ray D X Oil C o ...... C R A , Inc., Num a Field, Grant notice to intervene is filed within the County, Okla. A 6-8-64 15.0 14.65 time required herein, if the Commission C 164-1463. . .Reynolds Mining C orp...------Arkansas Louisiana Gas Co., Gragg Field, Sebastian County, Ark. on its own review of the matter believes A 6-8-64 13.5 14.65 CI64-1464. . Sohio Petroleum C o ...... — Kansas-Colorado Utilities, Inc., that a grant of the certificates is re­ A 6-8-64 Sparks West Field, Stanton County, JS-iUlS. quired by the public convenience and 9.0 14.65 0164-1465- Sam D . Ares (Operator), et al. E l Paso Natural Gas Co., acreage m necessity. Where a protest or petition A 6-8-64 (partial succession). Lea County, N . Mex. (7'S) for leave to intervene is timely filed, or CI64-1466. Warren Petroleum Corp...... High Plains Natural Gas Co. (formerly B 6-9-64 Public Service Corp. of Texas), where the Commission on its own motion M cLean (Sitter) Gasoline Plant, Wheeler County, Tex. believes that a formal hearing is re­ 13.75 15.025 CI64-1467. Glasscock-Chapman, Inc., et al. Texas Eastern Transmission Corp., quired, further notice of such hearing, Reeves Field, Allen Parish, .La. A 6-8-64 Depleted- will be duly given. CI64-1468. Marathon Oil C o ____ ...... Antelope Gas Products Co., Rusn - Creek Field, W eld County, Colo. Under the procedure herein provide4 B 6-9-64 9.0 14.65 CI64-1469. Shell Oil C o ____ .— ...... El Paso Natural Gas Co., Langlie- for, unless otherwise advised, it will be A 6-8-64 Mattix Field, Lea County, N . Mex. 10.7688 15.025 Northern Natural Gas Co., Jalmat unnecessary for Applicants to appear Field, Lea County, N . Mex. 15.384 15.025 or be represented at the hearing. CI64-1470- . Shell Oil Co. (Operator), et al... Montana-Dakota Utilities .Co., W ind A 6-10-64 River Basin Area, Fremont County, Jo s e p h H . G u t r id e , W yo. Secretary. Filing code: A —Initial service. B—Abandonment. C—Amendment to add acreage. 1 This notice does not provide for consoli­ D — Amendment to delete acreage. dation for hearing of the several matters cov­ E— Succession. ered herein, nor should it be so construed. See footnotes at end of table. Tuesday, Ju n e 23, 1964 FEDERAL REGISTER 7957

At a session of the Federal Communi­ Docket No. Price Pres­ cations Commission held at its offices in and date filed Applicant Purchaser, field and location per M cf sure base Washington, D.C., on the 17th day of June 1964; The Commission having under con­ 0164-1471.. Panhandle Eastern Pipe Line Co., Un- B 6-10-64 acreage in Texas County, Okla. economical sideration the record of this proceeding CI64-1472— Longhorn Production Co. Natural Gas Pipeline Co. of America, 15.0 14.65 and the requests for oral argument; A 6-10-64 (Operator), et al. acreage in Wise County, Tex. CI64-1473.. Union Drilling, Inc...... Cumberland and Allegheny Gas Co., 25.0 15.325 It is ordered, That oral argument A 6-0-64 Warren District, Upshur County, herein before the Commission en banc is W . Va. 0164-1474.. Tensas Gas Gathering Corp., Lake (•) scheduled for Friday, July 24, 1964, com­ B 6-9-64 St. John Field, Tensas Parish, L a . mencing at 10:00 a.m., and that parties herein, who within five days after release i Presently consolidated with“0-4281, et al.— Sunray D X Oil Company, et al. of this order file written notice of in­ » Price is 14.0 cents plus .180 cent tax reimbursement. » Ames proposes to gather for redelivery to Arkansas Louisiana Gas Company certain gas presently being produced tention to appear and participate in such and sold to Arkansas by Union Texas Petroleum, oral argument as prescribed at 47 CFR t Price paid by Union Texas Petroleum to Ames for gathering and redelivery of gas. 1.277(c), shall be allowed time for argu­ i Buyer has assigned existing gas purchase contract to Warren Petroleum Corporation. • Settlement rate approved by Commission order issued April 8, 1964 in Docket Nos. G-20429, et al. ment as follows: American Telephone t Qas no longer being sold in interstate commerce. and Telegraph Company, one hour plus i Bate of 10.0 cents in effect subject to refund in Docket No. RI64-202. • Wells plugged and abandoned on Hannah Sellards No. 2, Wentworth-Washington No. 2 and Hannah Sellards twenty minutes for rebuttal in closing Unit No. 1 Leases. The W(bntworth-Washington Unit No. 1 and Wentworth-Washington No. 3 Leases have been argument; all intervenors except The Ad­ assigned to The California Company. ministrator of General Services, United [F.R. Doc. 64-6188; Filed; June 22,1964; 8:47 a.m.] Press International, Inc., Motorola Inc., and The Western Union Telegraph Com­ pany, a total of one hour and ten minutes and to transact the business of furnish­ [Docket No. CF64-243] to be divided and apportioned among ing gas service to the public in and near such parties in such manner as they may the City of East Dubuque, Illinois. NORTHERN ILLINOIS GAS CO. agree and of which they shall give no­ This matter is one that should be dis­ tice by statement filed in this proceeding Notice of Application posed of as promptly as possible under no later than July 10, 1964; The Admin­ the applicable rules and regulations and J u n e 17,1964. istrator of General Services, twenty min­ to that end: utes; United Press International, Inc., Take notice that on April 17, 1964, Take further notice that preliminary Northern Illinois Gas Company (Appli­ fifteen minutes; and Motorola Inc. and staff analysis has indicated that there The Western Union Telegraph Company, cant), Post Office Box 190, Aurora, Illi­ are no problems which would warrant a nois, filed, in Docket No. CP64-243, an a total of one hour and fifteen minutes recommendation that the Commission to be divided and apportioned between application pursuant to section 7(a) of designate this application for formal the Natural Gas Act for an order direct­ such parties in such manner as they may hearing before an examiner and that, agree and of which they shall give notice ing Northern Natural Gas Company pursuant to the authority contained in (Northern Natural) to establish physical by statement filed in this proceeding no and subject to the jurisdiction conferred later than July 10, 1964. connection of its transportation facilities upon the Federal Power Commission by with the facilities proposed to be con­ sections 7 and 15 of the Natural Gas Released: June 18,1964. structed by Applicant and to sell natural Act, and the Commission’s rules of prac­ gas to Applicant for ultimate distribu­ F ederal C ommunications tice and procedure, a hearing may be C o m m is s io n ,1 tion and sale, by Applicant’s subsidiary, held without further notice before the Allied Gas Company (Allied), to the pub­ [ s e a l ] B e n F . W a p l e , Commission on this application provided Secretary. lic in and near the City of East Dubuque, no protest or petition to intervene is Illinois, all as more fully set forth in the filed within the time required herein. [F.R. Doc. 64-6217; Filed, June 22, 1964; 8:51 a.m.] application on file with the commission Where a protest or petition for leave to and open to public inspection. intervene is timely filed, or where the Applicant requests that Northern Commission on its own motion believes [Docket Nos. 15419, 15420; FCC 64M-547] Natural construct approximately 1.5 that a formal hearing is required, fur­ CENTRAL BROADCASTING CORP. miles of three-inch gas main, together ther notice of such hearing will be duly with a regulating and metering station, given. ** AND WCRB, INC. at a total estimated cost of $42,000.1 Ap­ Protests or petitions to intervene may Order Continuing Hearing plicant will construct an odorizing and be filed with the Federal Power Commis­ regulating station at a total estimated sion, Washington, D.C., 20426, in ac­ In re applications of Central Broad­ cost of $7,500. Allied will construct a cordance with the rules of practice and casting Corporation, Ware, Massachu­ gas distribution system in and near the procedure (18 CFR i.8 or 1.10) on or be­ setts, Docket No. 15419, File No. B P H - City of East Dubuque, Illinois at a total fore July 13,1964. 4243; WCRB, Inc., Springfield, Massa­ estimated, cost of $308,200. chusetts, Docket No. 15420, File No. B P H - Applicant estimates that, during the J o s e p h H. G u t r id e , 4319; for construction permits. hrst three years of operation of this Secretary. The Hearing Examiner having under Project, annual gas requirements of the [F.R. Doc. 64-6189; Filed, June 22, 1964; consideration a joint motion of the ap­ Project will be 59,000 Mcf, 75,000 Mcf 8:47 a.m.] plicants filed June 10,1964, in the above- 91,000 Mcf, respectively, and maxi­ entitled matter; and mum day requirements will be 519 Mcf, It appearing, that certain procedural and 828 Mcf, respectively. postponements are requested to which On October 1, 1963, the City of East FEDERAL COMMUNICATIONS the Broadcast Bureau has no objection r/rUque, Illinois granted Allied a fran- and that good cause for granting the mo­ mse to construct, operate and main- COMMISSION tion has been shown; m a gas distribution system in and [Docket No. 14251; FCC 64-538] It is ordered, This 16th day of June «rough the City of East Dubuque. On 1964 that the aforesaid motion is granted rw . *?' 1964, the Illinois Commerce AMERICAN TELEPHONE AND and that accordingly: W f i o h granted Allied a certificate 1. Exhibits will be exchanged on Au­ thi!!? • c convenience and necessity au- TELEGRAPH CO. gust 10,1964 instead of on August 3,1964; LjOnzing -Allied to construct, operate Order Scheduling Oral Argument 2. Notices to witnesses will be made _ ma-rntain gas distribution facilities September 8, 1964 instead of on August In the matter of American Telephone 25, 1964; and &rn^r*+iCan^ llas asreed to reimburse North- and Telegraph Company, Docket No. to hoatura* for the actual cost of facilities 14251; Tariff F.C.C. No. 250, TELPAK 1 Commissioners Henry, Chairman; and constructed by Northern Natural. Service and Channels. Bartley absent. 7958 NOTICES

3. The hearing now scheduled for July 2. To determine the areas and popu­ phia, Ohio, Docket No. 15429, File No 7, 1964, is rescheduled to commence Sep­ lations which may be expected to gain BPH-3560; The Tuscarawas Broadcast­ tember 14, 1964, at 10:00 a.m. in the or lose FM service (at leiast 1 mv/m) ing Company, New Philadelphia, Ohio" Commission’s Offices in Washington, from the operation of Station KSHE Docket No. 15430, File No. BPH-4196- D.C. (FM ) as proposed and the availability of for construction permits. other FM service (at least 1 mv/m) to Pursuant to a prehearing conference Released: June 17, 1964. such areas and populations. held this date: It is ordered, this 17th F ederal C ommunications 3. To determine, on a comparative day of June 1964, that the exchange of C o m m i s s i o n , basis, which of the proposals would preliminary engineering exhibits herein [ s e a l] B e n F . W a p l e , better serve the public interest, con­ shall be accomplished on or before July Secretary. venience, and necessity in light of the 20, 1964, and the final exchange of said evidence adduced pursuant to the fore­ exhibits shall be accomplished on or be­ [F.R. Doc. 64-6218; Filed, June 22, 1964} going issues and the record made with fore August 4,1964; 8:51 am .] respect to the significant differences be­ It is further ordered, That the ex­ tween the applicants as to: change of lay exhibits shall be accom­ (a) The background and experience of plished on or before July 27, 1964, and [Docket Nos. 15503, 15504] each having a bearing on the applicant’s that the notification of witnesses desired CRESTWOOD BROADCASTING CORP. ability to own and operate its proposed for cross-examination shall be made on station. or before September 8,1964; (KSHE) AND APOLLO RADIO CORP. (b) The proposals of each of the ap­ It is further ordered, That the hear­ Order Designating Applications for plicants with respect to the management ing herein now scheduled for July 20, and operation of the proposed station. 1964 shall be continued to a date to be Consolidated Hearing on Stated (c) The programming service pro­ hereinafter determined. Issues posed in each of the said applications. 4. To determine, in the light of the Released: June 17, 1964. In re applications of Crestwood Broad­ evidence adduced pursuant to the fore­ casting Corporation (K SH E), St. Louis, F ederal C ommunications going issues which of the applications C o m m is s io n , Missouri, Docket No. 15503, File No. should be granted. [ s e a l ] B e n F . W a p le , BPH-4246, has: 94.7 me, No. 234; 25.5 It is further ordered, That to avail Secretary. kw; 240 ft., requests: 107.7 me, No. 299; themselves of the opportunity to be 25.5 kw; 240 ft.; Apollo Radio Corpora­ [F.R. Doc. 64-6220; Filed, June 22, 1964; -heard, the applicants herein, pursuant to 8:51 a.m.] tion, St. Louis, Missouri, Docket No. § 1.221(c) of the Commission rules, in 15504, File No. BPH-4283, requests: 107.7 person or by attorney, shall, within 20 me, No. 299; 81.6 kw; 382 ft., for con­ days of the mailing of this order, file [Docket Nos. 15319, 15320; FCC 64M-542] struction permits. with the Commission in triplicate, a writ­ MARIETTA BROADCASTING CO., INC. The Commission, by the Chief of the ten appearance stating an intention to Broadcast Bureau under delegated au­ appear on the date fixed for the hear­ (WBIE) AND COBB COUNTY BROAD­ thority, considered the above-captioned ing and present evidence on the issues CASTING CO. applications on June 16,1964; specified in this order. Order Continuing Hearing It appearing, that the above-captioned It is further ordered, That the appli­ applications are mutually exclusive in cants herein shall, pursuant to section In re applications of Marietta Broad­ that operation by the applicants as pro­ 311(a)(2) of the Communications Act casting Company, Inc. (W B IE ), Mari­ posed would result in mutually destruc­ of 1934, as amended, and § 1.594 of the etta, Georgia, Docket No. 15319, File No. tive intereference; and Commission’s rules, give notice of the BP-15405; Sheridan W. Pruett and It further appearing, that the areas for hearing, either individually or, if feasible Charles M. Erhard, Jr., d/b as Cobb which the applicants propose to provide and consistent with the rules, jointly, County Broadcasting Company, Marietta, FM broadcast service are significantly within the time and in the manner pre­ Georgia, Docket No. 15320, File No. BP- different in size and that for purposes of scribed in such rule, and shall advise the 15443 ; for construction permits. comparison, the areas and populations Commission of the publication of such Pending ruling on applicants’ joint re­ within the respective 1 mv/m contours notice as required by § 1.594(g) of the quest for approval of dismissal agree­ together with the availability of other FM rules. ment and dismissal of application of service (at least 1 mv/m) within such It is further ordered, That, the issues Cobb County Broadcasting Company (see areas will be considered in the hearing in the above-captioned proceeding may FCC 64R-290, released May 26, 1964): ordered below for the purpose of deter­ be enlarged by the Examiner, on his own It is ordered; This 15th day of June 1964, mining whether a comparative prefer­ motion or on petition properly filed by that the hearing is rescheduled from ence should accrue to either applicant; a party to the proceeding, and upon suf­ June 18,1964, to Thursday, July 16,1964, and ficient allegations of fact in support at 9 a.m. It further appearing, that upon due thereof, by the addition of the follow­ Released: June 16, 1964. consideration of the above-captioned ap­ ing issue: To determine whether the plications, the Commission finds that funds available to the applicant will give F ederal C ommunications pursuant to section 309(e) of the Com­ reasonable assurance that the proposals C o m m is s io n , munications Act of 1934, as amended, a set forth in the application will be ef­ [ s e a l ] B e n F. W a p le , hearing is necessary; that each of the fectuated. Secretary. applicants is legally, financially, tech­ Released: June 17, 1964. [F.R. Doc. 64-6221; Filed, June 22, 1964; nically and otherwise qualified to con­ 8:51a.m.] struct, own and operate the FM broad­ F ederal C ommunications cast facilities proposed; C o m m is s io n , It is ordered, That, pursuant to section [ s e a l ] B e n F. W a p l e , [Docket No. 14611; FCC 64M-552] 309(e) of the Communications Act of Secretary. 1934, as amended, the above-captioned PROGRESS BROADCASTING CORP. [F.R. Doc. 64-6219; Filed, June 22, 1964; applications are designated for hearing 8:51 am .] (WHOM) in a consolidated proceeding, at a time and place to be specified in a subsequent Order Scheduling Prehearing Order, upon the following issues: [Docket Nos. 15429,15430; FCC 64M-551] Conference 1. To determine the area and popula­ DOVER BROADCASTING CO., INC., In re application of Progress Broad tion within the proposed 1 mv/m con­ AND TUSCARAWAS BROADCAST­ asting Corporation (WHOM), tours, the areas and populations therein ING CO. fork, New York, Docket No. 14611, which would be served by the proposed Jo. BP-13915; for construction perm* • stations and the availability of other FM Order Continuing Hearing Upon the Hearing Exam iner s services (at least 1 mv/m) to such pro­ In re applications of Dover Broadcast­ notion: It is ordered, This 17th day posed service areas. ing Company, Inc., Dover-New Philadel­ rune 1964, that further prehearing co Tuesday, Ju n e 23, 1964 FEDERAL REGISTER 7959 ference in the above-entitled proceed­ of the Communications Act of 1934, as nection with the last complete adjust­ ing will be held July 2, 1964, 10:00 a m * amended;. ment of the directional antenna system in the Commission’s Offices, Washing­ It further appearing, that the May 14 shall be made both before and after in­ ton, D.C. Order indicated that the areas for which stallation of the FM antenna, that the the applicants propose to provide FM common point resistance be remeasured, Released: June 17,1964. broadcast service are significantly dif­ and that prior to authorization of pro­ F ederal C ommunications ferent but that a re-examination of the gram tests such information be sub­ C o m m is s io n , applications indicates that the areas mitted to prove that no material effect [ seal! B e n F. W a p l e , would be substantially the same; that has resulted in the radiation pattern of Secretary. area and population data in this pro­ WEZY. ceeding will have no decisional signif­ It is further ordered, That, in the [FJR. Doc. 64-6222; Filed, June 22, 1964; icance and that therefore an issue to re­ event of a grant of the application of 8:51 a.m.] quire adduction of evidence relating to W K K O Radio, Inc., the construction area and population data will not be permit shall be subject to the condition [Docket No. 15276; FCC 64M-550] specified; and that construction of the proposed an­ It further appearing, that the appli­ tenna structure shall not be commenced CHARLES A. SEAMAN cants are legally, technically, financially until an application for use of this and otherwise qualified to construct and structure by W K K O (AM ) is submitted to Order Continuing Prehearing operate the proposed stations but that and approved by the Commission. Conference the applications are mutually exclusive It is further ordered, That, the issues in that operation by the applicants as in the above-captioned proceeding may In re application of Charles A. Sea­ proposed would result in mutually de­ be enlarged by the Examiner, on his own man, 935 Tanner Avenue, Elizabeth, structive interference; and motion or on petition properly filed by a Pennsylvania, Docket No. 15276; for a It further appearing, that, in view of party to the proceeding, and upon suffi­ general class amateur operator license. the foregoing, the Commission is unable cient allegations of fact in support At the oral request of counsel for the to make the statutory finding that a thereof, by the addition of the following applicant, not opposed by counsel for any grant of the applications would serve issue: To determine whether the funds of the parties herein, the further pre- the public interest, convenience and available to the applicant will give rea­ hearing conference, presently scheduled necessity, and is of the opinion that the sonable assurance that the proposals set for 2:00 p.m., June 19, 1964, will be con­ applications must be designated for forth in the application will be tinued to 2:00 p.m., June 25, 1964, with hearing in a consolidated proceeding on effectuated. the understanding that counsel for all the issues specified below: parties will meet during the morning of Released: June 17,1964. It is ordered, That pursuant to § 1,113 June 25 to formalize the stipulations to (a) of the Commission’s rules and sec­ ederal ommunications be presented at the afternoon confer­ F C tion 405 of the Communications Act of C o m m is s io n , ence; 1934, as amended, the Order of May 14, [ s e a l ] B e n F. W a p l e , Accordingly, it is ordered, This 17th 1964, in this proceeding is hereby Secretary. day of June 1964, that the further pre- vacated: hearing conference, presently scheduled [F.R. Doc. 64-6224; Filed, June 22, 1964; It is further ordered, That, pursuant to be held at 2:00 p.m., June 19, 1964, is 8:52 a.m.] to section 309(e) of the Communications continued to 2:00 p.m., June 25,1964. Act of 1934, as amended, the applications Released: June 17, i964. are designated for hearing in a consoli­ [Docket Nos. 15476,15477; FCC 64M-565] dated proceeding, at a time and place to F ederal C ommunications be specified in a subsequent Order, upon WEZY, INC., AND WKKO RADIO, C o m m is s io n , the following issues: INC. [seal] B e n F. W a p le , 1. To determine which of the opera­ Secretary. tions proposed in the above-captioned Order Rescheduling Hearing [F.R. Doc. 64-6223;' Filed, June 22, 1964; _ applications would better serve the public In re applications of W EZY, Inc,, 8:52a.m.] interest, in light of the evidence adduced Cocoa, Florida, Docket No. 15476, File and the record made with respect to the No. BPH-4172; W K K O Radio, Inc,, significant differences between the appli­ Cocoa, Florida, Docket No. 15477, File [Docket Nos. 15476, 15477] cants as to: No. BPH-4173; for construction permits. WEZY, INC., AND WKKO RADIO, (a ) The background and experience of It is ordered, This 18th day of June each having a bearing on the applicant’s INC. 1964, that the order of the Chief Hearing ability to own and operate the FM station Examiner released May 19, 1964 (FCC Order Designating Applications for as proposed. 64M-432) regarding the above-entitled (b) The proposals of each of the ap­ applications, designating a presiding Consolidated Hearing on Stated plicants with respect to the management Issues officer and specifying July 13, 1964, as and operation of the FM broadcast sta­ the date for commencement of hearing, tion as proposed. [ In re applications of W EZY, Inc., is vacated: And, it is further ordered, wcoa, Florida, Docket No. 15476, File (c) The programming service pro­ Pursuant to the Commission’s order for wo.BPH-4172, requests: 99.3 me, No. 257; posed in each of the above-captioned hearing on said applications which was Jkw; 300 feet;WKKO Radio, Inc., Cocoa, applications. released June 17, 1964 (Mimeo No. i jonda, Docket No. 15477, File No. B P H - 2. To determine, in the light of the 53054), that Basil P. Cooper shall serve hnn-p’ raquests: 99-3 me, No. 257; 3 kw; evidence adduced pursuant to the fore­ as presiding officer in the proceeding; I lor construction permits. going issue which, if either, of the appli­ that the hearings therein shall com­ ! «Jr® Commission, by the Chief of the cations should be granted. mence July 20, 1964; that a prehearing th •+Cast Bureau under delegated au- It is further ordered, That, in the event conference shall be convened on June 25, flhirty’ considered on June 15, 1964, the of a grant of the application of WEZY, 1964, at 9:00 a.m.; and that all pro­ j Dove-captioned and described applica- Inc., the construction permit shall be ceedings shall be held in the Offices of the Commission, Washington, D.C. ; ¡¡¡J a?.d the Order of May 14, 1964, subject to the condition that Station ! e seating the applications for hearing; W EZY shall request permission from the Released: June 18, 1964. [u 1Q??ea.r*ng> that the Order of May Commission to determine the power of ! ini n°t include a specific find- F ederal C ommunications annu«°n?erning the applicants' basic W E ZY by the indirect method during C o m m is s io n , K i ,atlons- and that the action of the installation of the FM antenna, that [ s e a l ] B e n F . W a p l e , > 1964, should be reconsidered sufficient field strength measurements Secretary. thp pursuant to § 1.113(a) of consisting of at least five measurements [F.R. Doc. 64-6225; Filed, June 22, 1964; I onunission’s rules and section 405 on each radial at points measured in con­ 8:52 a.m.] 7960 NOTICES

and warrants by Helio to applicants will mon stock at a price of at least $5 per SECURITIES AND EXCHANGE be utilized by Helio to expand its opera­ share. Exercise of these options would tions for the production of a newly de­ diminish the percentages of common COMMISSION veloped turbine powered aircraft. The stock owned by the Funds. proceeds of the term loan of $325,000 Each of the four funds, Fund A, Fund [Pile No. 812-1636] from the Bank were or are to be used to B, Stock Fund and Science Fund AXE-HOUGHTON FUND A, INC., fund and refund costs, principally of (“Funds”) has on its board of directors constructing and in part of equipping, a individuals who are also directors of one ET AL. new facility at Hanscom Field, Civilian or more of the other Funds; three per­ Notice of Filing of Application for Terminal area, Bedford, Massachusetts, sons serve as directors of each of the Order Exempting Proposed Trans­ which has been substantially completed. Funds and some of the officers of each The new facility is to be employed prin­ of the Funds also serve the other Funds actions From Provisions of the Act cipally as a research and modification in similar capacities. Each of the Funds and Granting Application center and as the principal offices of employs Axe Securities Corporation as its Helio. principal underwriter, and Fund A, Fund J u n e 17,1964. The notes and warrants to be pur­ B and Stock Fund employ E. W . Axe & In the matter of Axe-Houghton Fund chased by applicants will be acquired as Co., Inc. as investment adviser. Science A, Inc., Axe-Houghton Fund B, Inc., Axe units consisting of one note in the prin­ Fund employs as investment adviser Axe Science Corporation, 400 Benedict Ave­ cipal amount of $1,000 and one warrant Science Management Company, Inc., nue, Tarrytown, New York; File No. 812- for the purchase of 200 shares of Helio which is under common control with 1636. common stock. Fund A proposes to pur­ E. W . Axe & Co., Inc., and Axe Securities Notice is hereby given that Axe- chase 200 units, Fund B 50 units and Corporation. Some of the officers and Houghton Fund A, Inc. (“Fund A ”), Science Fund 250 units, at the price of directors of each of the Funds are affili­ Axe-Houghton Fund B, Inc. (“Fund B ”), $1,000 per unit. The notes are unse­ ated with Axe Science Management and Axe Science Corporation (“Science cured, but the amount of additional in­ Company, Inc., E. W. Axe & Co., Inc. and Fund”) , open-end, diversified investment debtedness for borrowed money which Axe Securities Corporation. In view of companies registered under the Invest­ Helio may incur and the liens which it the above and other circumstances, the ment Company Act of 1940 (“Act”) and may create on its property to ¡secure such Funds may all be under common control affiliated persons of each other (collec­ indebtedness are restricted by the note and, therefore, affiliated one with an­ tively called “applicants”), have filed a and warrant, agreements. The exercise other within the meaning of section 2(a) joint application pursuant to section price of the warrants, which expire May (3) of the Act. Helio is an affiliated per­ 17(b) of the Act and Rule 17d-l promul­ 1,1969, is $5.00 per share until Decerhber son of Stock Fund and Science Fund gated under section 17(d) of the Act for 31, 1964 and thereafter increases at the under section 2 (a )(3 ) of the Act since an order of the Commission (1) exempt­ rate of $1.00 per year. The warrants may each of the two funds owns over 5 percent ing from the prohibitions of section 17(a) be exercised either by payment in cash of the voting securities of Helio and Helio of the Act the proposed sale to applicants or by surrender of the notes at their therefore may be regarded as an affiliated by Helio Aircraft Corporation (“Helio”) principal amount plus accrued interest. person of an affiliated person of Fund A of its notes and warrants to purchase Fund A and Fund B are limited by and Fund B. shares of its common stock, (2) grant­ restrictions in their charter and by-laws The application states that the pro­ ing the application pursuant to Rule to the purchase of approximately the posed purchase of notes and warrants 1 7 (d )-l with respect to the acquisition amounts of the notes and warrants of are consistent with the investment by applicants of the notes and warrants Helio which are to be purchased by them. policies of Fund A, Fund B and Science and (3) granting confidential treatment Science Fund, on the advice of its invest­ Fund. Applicants assert that the fair­ pursuant to section 45 (a) of the Act to ment adviser, determined to purchase the ness of the terms of the notes is shown certain information pertaining to Helio’s balance of the notes and warrants offered by the fact that the terms of the pro­ competitive technical developments that by Helio. Applicants understand that posed notes are in substance similar to has been filed as part of the application. Helio also offered some of the notes and the notes acquired by the Bank, with All interested persons are referred to warrants to Stock Fund but that Stock the exception of the interest rate and the the application on file with the Com­ Fund, on the advice of its investment requirement that Helio make quarterly mission for a complete statement of ap­ adviser, determined that it would not prepayments of $7,500 on the notes pur­ plicants’ representations, which are sum­ purchase additional securities of Helio chased by the Bank. Applicants also marized below. at this time. Stock Fund considers that assert that the terms of the warrants are Helio, a Delaware corporation, is en­ in the light of its investment policy its fair as the inital exercise price of the gaged in the manufacture and sale of present investment in Helio is sufficient warrants is the same price at which the aircraft. It has issued and outstanding for the present portfolio of Stock Fund, Funds acquired the Helio common stock 430,555 shares of common stock, of the total net asset value of which, as of presently held by them. The application which Fund A owns 10,000 shares or 2.3 June 15,1964, was approximately $8,830,- states that the high and low bid prices percent, Fund B owns 10,000 shares or 000. At that date Fund A had a total for the Helio common stock in the past 2.3 percent, and Science Fund owns 50,- net asset value of approximately $45,058,- year were 7% and 2% and that the hig j 000 shares or 11.6 percent. In addition, 000; Fund B $215,668,000; and Science and low bid prices in May 1964 were; 30,000 shares of Helio’s common stock, Fund $21,124,000. Ya and 4%. ■ j or 7.0 percent are owned by Axe-Hough­ If applicants were to exercise all of the Helio’s net income for the years 19t>M ton Stock Fund (“Stock Fund”) which is warrants to be purchased by them (as­ )62 and 1963 was $212,917 or $0.64 per registered under the Act as an open-end, suming there were no other issuances or lare, $293,551 or $0.77 per share and] diversified investment company. All of repurchases of Helio common stock in L82.312 or $0.40 per share, respectively.| the shares of Helio common stock owned the interim), Helio would then have arnings for 1961 and a substantial po j by the four Axe Funds were acquired at issued and outstanding 530,555 shares of on of the earnings for 1962 were not a cost of $5 per share. common stock, of which the four funds lbject to Federal income taxes becaus Helio will sell to applicants an aggre­ would hold the following amounts and : a loss carry forward from previou j gate of $500,000 principal amount of percentages: Fund A— 50,000 shares, or ears. ____ Helio’s 6 percent notes due May 1, 1969 9.4 percent, Fund B— 20,000 shares, or Section 17(a) of the Act, as here pe j (“notes”) and common stock purchase 3.8 percent; Stock Fund— 30,000 shares, nent, prohibits an affiliated per 1 or 5.7 percent; and Science Fund— 100,- warrants representing the right to pur­ registered investment company, 000 shares, or 18.8 percent. Neither chase an aggregate of 100,000 shares of filiated person of such a pcrso^’ Fund A, Fund B nor Science Fund has illing securities or property tosuchr.^ common stock of Helio (“warrants”) . In reached a decision as to whether or when addition, the National Shawmut Bank of tered company, unless t]?e. tfj all or any part of the warrants to be pon application pursuant to section ; Boston (“Bank”) in June 1964 purchased purchased by them will be exercised. i> grants an exemption f r o m ^ ‘®j $325,000 of Helio’s 5-year 5 percent un­ Helio has outstanding in the hands of Ka> upon a to

Prepmore Apparel, Inc., Russellville, Ala.; Exeter/Wilmington Hosiery Mills, Inc., 5th 47 learners for plant expansion purposes, in effective 5-26-64 to 5-25-65 (boys’ sport and Monroe Streets, Wilmington, Del.; effec­ the occupation of sewing machine operator shirts). tive 6-3-64 to 12-2-64; 15 learners for plant for a learning period of 480 hours at the rates Rivera, Inc., Pontotoc, Miss.; effective 6-3— expansion purposes (seamless). of 72 cents an hour for the first 240 hours 64 to 6-2-65 (men’s dress shirts). Selma Hosiery Co., Dillon, S.C.; effective and 84 cents an hour for the remaining 240 Robville Manufacturing Co., Inc., Rober- 6-2-64 to 6-1-65; 5 percent of the total num­ hours (ladies’ and children’s underwear). sonville, N.C.; effective 5-25-64 to 5-24-65 ber of factory production workers for normal Wilrico, Inc., State Road, 107, Km. 0.1, (boys’ cotton shirts and girls’ cotton pants). labor turnover purposes (seamless). Barrio Camaseyes, Aguadilla, P.R.; effective Thomson Co., Thomson, Ga.; effective 6 - U.S. Industries, Inc., Batesville Division, 6-7-64 to 7-21-64; 90 learners for plant ex­ 12-64 to 6-11-65 (m en’s and women’s Batesville, Miss.; effective 6-18-64 to 6-17-65; pansion purposes, in the occupations of: ( l ) slacks). 5 percent of the total number of factory pro­ basebaU hand sewers for a learning period of Williamson-Dickie Manufacturing Co., duction workers for normal labor turnover 320 hours'at tbe rates of 61 cents an hour Tyler, Tex.; effective 6-3-64 to 6-2-65 (m en’s purposes (seamless). for the first 160 hours and 71 cents an hour and boys’ cotton pants). Whitmire Hosiery Mills, Inc., Chester High­ for the remaining 160 hours; and (2 ) winder way, Whitmire, S.C.; effective 5-30-64 to machine operators for a learning period of The following learner certificates were 5-29-65; 5 learners for normal labor turnover 160 hours at the rate of 61 cents an hour issued for normal labor turnover pur­ purposes (seamless) . . (Baseballs). poses. The effective and expiration Knitted Wear Industry Learner Regu­ dates and the number of learners au­ The following learner certificate was lations (29 CFR 522.1 to 522.9, as thorized are indicated. issued in US V I to the company herein­ amended, and 29 CFR 522.30 to 522.35, as after named. The effective and expira­ C & B Sportswear, 333 Hughes Street, amended). tion dates, learner rates, occupations, Swoyerville, Pa.; effective 6 4- 64 to 6—3—65; learning periods, and the number of 6 learners (ladies’ dresses). Cherrybell Manufacturing Corp., 1720 Jolly Kids Togs, Inc., 220 Main Street, South Cherrybell Stravenue, Tucson, Ariz.; learners authorized to be employed, are Frankfort, Mich.; effective 6—12—64 to 6-11— effective 6-4-64 to 6-3-65; 5 learners for nor­ indicated. mal labor turnover purposes (ladies* under­ 65; 10 learners (children’s outerwear Jackets). Quality Products Co., Inc., 78-79 Kron- Mary-Jo-Apparel, Inc., 145 East Center garments, panties and half slips). prindsens Gade, P.O. Box 2446, Charlotte Glen Manufacturing Co., Inc., 321 'Jackson Street, Nesquehoning, Pa.; effective 6- 4- 64 Amalie, St. Thomas, U.S. Virgin Islands; ef­ to 6-3-65; 10 learners (children’s dresses). Street, Bainbridge, Ga.; effective 6-8-64 to fective 5-1-64 to 7-3-64; 5 learners for plant 6-7-65; 5 percent of the total number of fac­ Pella Manufacturing Corp., 707 East 3d expansion purposes, in the occupation of tory production workers engaged in the Street, Pella, Iowa; effective 6-10-64 to 6-9— watch assemblers for a learning period of 65; 10 learners (m en’s dungarees, overalls, production of bathing suits (bathing suits). 480 hours at the rates of $1.00 an hour for Mode O ’Day Corp., 840 12th Street NW., coveralls and work shirts). the first 240 hours and $1.05 an h ou r for tbe Mason City, Iowa; effective 6-6-64 to 6—5—65; Fred Ronald Manufacturing Co., Neodesha, remaining 240 hours (assembly of watch Kans.; effective 5-31-64 to 5-30-65; 10 learn­ 5 learners for normal labor turnover purposes movements). ers (boys’ shirts). (ladies’ lingerie). Stanro Dress Co., Inc., 810 George Street, Each learner certificate has been is­ Throop, Pa.; effective 6-3-64 to 6-2-65; 5 Regulations Applicable to the Employ­ sued upon the representations of the em­ learners (ladies’ and children’s dresses). ment of Learners (29 CFR 522.1 to 522.9, ployer which, among other things, were as amended). that employment of learners at special The following learner certificates were Quilting, Inc., 507 Academy Street, High minimum rates is necessary in order to issued for plant expansion purposes. Point, N.C.; effective 5-25-64 to 11-24-64; 10 prevent curtailment of opportunities for The effective and expiration dates and learners for plant expansion purposes, in the employment, and that experienced work­ the number of learners authorized are occupation of quilting machine operator for ers for the learner occupations are not indicated. a learning period of 320 hours at the rate of available. Any person aggrieved by the not less than $1.15 an hour (quilted (out­ Byrds Manufacturing Corp., Albany, Ky.; line) upholstery fabric). issuance of any of these certificates may effective 6-1-64 to 11-30-64; 200 learners seek a review or reconsideration thereof (women’s shirts). The following learner certificates were within 15 days after publication of Hicks-Ponder Co., 2385 Main Street, Eagle issued in Puerto Rico to the companies this notice in the F ederal R egister pur­ Pass, Tex.; effective 6 4 64 to 12-3-64; 50 hereinafter named. The effective and suant to the provisions of 29 CFR 522.9. learners (men’s and boys’ work clothing and The certificates may be annulled or with­ wash slacks). expiration dates, learner rates, occupa­ Salant and Salant, Inc., Route No. 2, Box tions, learning periods, and the number drawn, as indicated therein, in the man­ No. 2, Trumann, Ark.; effective 6-8-64 to 12— of learners authorized to be employed, ner provided in 29 CFR Part 528. 7-64; 140 learners (men’s cotton wash aré indicated. Signed at Washington, D.C., this 15th pants). General Electric Low Voltage Products, day of June 1964. Glove Industry Learner Regulations Inc., P.O. Box 86, Palmer, P.R.; effective R o bert G . G r o n e w a ld , (29 CFR 522.1 to 522.9, as amended, and 5-18-64 to 11-17-64; 34 learners for plant ex­ pansion purposes, in the occupations of: Authorized Representative 29 CFR 522.60 to 522.65, as amended). (1) punch press operator; welder; male as­ of the Administrator. Boss Manufacturing Co., Greenville, Ala., sembler, Class 3; female assembler, Class 3; [F.R. Doc. 64-6203; Filed, June 22, 1964; tester; each for a learning period of 480 hours effective 6-8-64 to 6-7-65; 10 percent of the 8:48 a.m.] total number of machine stitchers for nor­ at the rates of $1.00 an hour for the first 240 mal labor turnover purposes (work gloves, hours and $1.13 for the remaining 240 hours; cotton, woven and jersey). and (2) miscellaneous machine operator; The Glove Corp., Heber Springs, Ark., ef­ male assembler, Class 2; female assembler, fective 6-8-64 to 12-7-64; 10 learners for Class 2; coil winder; each for a learning pe­ INTERSTATE COMMERCE plant expansion purposes (work gloves). riod of 240 hours at the rate of $1.00 an hour Good Luck Glove Co., Market Street, (electrical products). COMMISSION Metropolis, 111., effective 6—1—64 to 11—30—64; Kaufm an Shoe Co., Inc., Borinquen Road, [Section 5a Application No. 87] 40 learners for plant expansion purposes Aguadilla, P.R.; effective 4-28-64 to 10-27— (cotton work gloves). 64; 30 learners for plant expansion purposes, NATIONAL ASSOCIATION OF SPE­ Ideal Glove Co., Inc., Maben, Miss.; effec­ in the occupations of backing, cutting, CIALIZED CARRIERS, INC. tive 6-15-64 to 6-14-65; 5 learners for normal stitching, vulcanizing, finishing and pack­ labor turnover purposes (combination leather ing; each for a learning period of 480 hours Notice of Agreement and fabric work gloves). at the rates of 76 cents an hour for the first 240 horns and 88 cents an hour for the J u n e 18, 1964. 1 Hosiery Industry Learner Regulations remaining 240 hours (shoes and slippers). Kaufm an Shoe Co., Inc.', Borinquen Road, The Commission is in receipt of^®] (29 CFR 522.1 to 522.9, as amended, and xive-entitled and numbered &PPI 29 CFR 522.40 to 522.43, as amended). Aguadilla, P.R.; effective 4-28—64 to 4-27-65; 10 learners for normal labor turnover pur­ on for approval of an agreement ® Dapper Hosiery Mills, Inc., 110 Henry poses, in the occupations of backing, cutting, te provisions of section 5a of the in j Street, Clinton, S.C.; effective 5-30-64 to stitching, vulcanizing, finishing and packing; ate Commerce Act. 5-29-65; 5 learners for normal labor turnover each for a learning period of 480 hours at Filed; June 12, 1964 by: M ert Starne ,| purposes (seamless). the rates of 76 cents an hour for the first 240 unes, Robinson and Starnes, 721 Br l Dapper Hosiery Mills, Inc., 110 Henry horns and 88 cents an hour for the remaining Street, Clinton, S.C.; effective 5-30-64 to 240 hours (shoes and slippers). oilding, Austin, Texas. . 11-29-64; 5 learners for plant expansion pur­ Soft Knit Undies, Inc., 404 Barbosa Avenue, Agreement involved: Agreement poses (seamless). Hato Rey, P.R.; effective 5-4—64 to 11-3-64; Tuesday, Ju n e 23, 1964 FEDERAL REGISTER 7963 motor vehicle, members of National Weiss, a partnership, doing business as sued February 27, 1962, to H. Prang Association of Specialized Carriers, Inc., Weiss Transportation Company, Phila­ Trucking Co., Inc., Hopelawn (Perth relating to joint consideration, initiation, delphia, Pa., of the operating rights is­ Amboy), New Jersey, authorizing the change, and publication of rates, classifi­ sued by the Commission October 28, I960, transportation, over irregular routes, of cations, divisions, allowances, rules, reg­ December 28, 1951, February 23, 1955v, homing pigeons, in crates, and in the ulations, and practices governing the and October 28, 1960, under Certificates same vehicle with such pigeons, and in transportation of property between in Nos. MC 23196, Corrected Certificate connection therewith personal effects of points in the United States, including MC 23196 (Sub No. 2), MC 23196 (Sub attendants and supplies and equipment the District of Columbia, but excluding No. 3), and MC 23196 (Sub No. 4), respec­ used in the care of such pigeons, from the State of Hawaii. tively, to Joseph Weiss, Ethel Weiss, Bergenfield, Elizabeth, Irvington, Jersey The complete application may be in­ Executrix, and David Weiss, a partner­ City, Linden, Lyndhurst, Newark, North spected at the office of the Commission ship, doing business as Weiss Furniture Bergen, Passaic, Paterson and Perth in Washington, D.C. Transportation Co., Philadelphia, Pa., Amboy, N.J., and points in Richmond Any interested person desiring the authorizing the transportation, over ir­ County, N.Y., to Wilmington, Del., Aber­ Commission to hold a hearing upon such regular routes, of new furniture, between deen, Md., Washington, D.C., Charlottes­ application shall request the Commission points in Philadelphia County, Pa., on ville, Va., and Salisbury, N.C., and empty in writing so to do within 20 days from the one hand, and, on the other, points crates in which homing pigeons have the date of this notice. As provided by in Maryland, New Jersey, New York, and been shipped, from the above-specified the general rules of practice of the the District of Columbia; new unfinished destination points to the above-named Commission, persons other than appli­ furniture, between Philadelphia, Pa., on origin points. Bert Collins, 140 Cedar cants should fairly disclose their inter­ the one hand, and, on the other, New Street, New York 6, N.Y., representative est, and the position they intend to take York, N.Y., and Paterson, Passaic, Jer­ for transferor and Martin H. Seigel, 15 at the hearing with respect to the appli­ sey City, Perth Amboy, and Newark, N.J.; Beach Street, Staten Island 4, N.Y., at- cation. Otherwise the Commission, in its new unfinished furniture frames, un­ torriey for transferee. discretion, may proceed to investigate crated, from Philadelphia, Pa., to points No. M C-FC 66927. By order of June and determine the matters involved in in Niagara, Erie, Monroe, Chautauqua, 16, 1964, the Transfer Board approved such application without further or for­ Cattaraugus, Allegany, Orleans, and W y­ the transfer to Steven Freight Service, mal hearing. | ; oming Counties, N.Y.; between Phila­ Inc., Watertown, Mass., applicant in No. By the Commission, Division 2. delphia, Pa., on the one hand, and, on MC 99535 (Sub No.‘ 1), BOR—99 filed in the other, points in Maryland, New Jer­ the name of Whipple & Company, Inc., [seal] H arold D. M cC o y , sey, New York, and the District of South Boston, Mass., for certificate of Secretary. Columbia, except the above counties in registration to operate in interstate or [F.R. Doc. 64-6196; Piled, June 22, 1964; New York; baby carriages, baby walkers, foreign commerce authorizing operations 8:48 a.m.] strollers, high chairs, cribs, toy chests under the former second proviso of sec­ and juvenile furniture, from Gardner, tion 206(a) (1) of the Act, supported by Mass., to Philadelphia, Pa.; furniture, Massachusetts Certificate No. 3397, au­ [Notice 1002] between Jersey City, N.J., New York, thorizing the transportation of general MOTOR CARRIER TRANSFER N.Y., and Philadelphia, Pa.; between commodities anywhere in the common­ PROCEEDINGS Souderton, Pa., on the one hand, and, wealth of Massachusetts. Mary E. Kel­ on the other, New York, N.Y., and Jersey ley, 10 Tremont Street, Boston, Mass., J u n e 18,1964. City, N.J.; cotton batting, raw cotton, 02108, attorney for applicants. Synopses of orders entered pursuant cotton waste, and supplies used in con­ No. M C-FC 66964. By order of June to section 212(b) of the Interstate Com­ nection therewith, and wool batting, rug 16, 1964, the Transfer Board approved merce Act, and rules and regulations pre­ pads, paperboard, and articles used or the transfer of the Certificate of Regis­ scribed thereunder (49 CFR Part 179), useful in the manufacture of bedding tration in No. MC 120790 (Sub No. 1) appear below: and upholstered furniture (excluding evidencing a right to engage in opera­ As provided in the Commission’s spe­ furniture fram es), between Philadelphia, tions in interstate and foreign commerce cial rules of practice any interested Pa., on the one hand, and, on the other, within the State of Illinois, issued De­ Person may file a petition seeking recon­ New York, N.Y., and points in New Jer­ cember 6, 1963, to Casimir Dykier, Sr., sideration of the following numbered sey within 20 miles of New York, N.Y.; and Casimir Dykier, Jr., a partnership, proceedings within 20 days from the date between Camden, N.J., and New York, doing business as Casey’s Bonded De­ of publication of this notice. Pursuant N.Y., between Philadelphia, Pa., New livery Service, Chicago, 111., to Frances to section 17(8) of the Interstate Com­ Haven, Conn., and Wilmington, Del. M. Dykier and Casimir Dykier, Jr., merce Act, the filing of such a petition Jacob J. Siegal, 1529 Walnut Street, doing business as Casey’s Bonded De­ ™i postpone the effective date of the Philadelphia, Pa., Attorney for- appli­ livery Service, Chicago, 111., John W. order in that proceeding pending its dis- Dubbs, 1200 North Ashland Avenue, Chi­ position. The matters relied upon by cants. cago 22, 111., attorney for applicants. Petitioners must be specified in their No. M C-FC 66896. By order of June 16, Petitions with particularity. 1964, the Transfer Board approved the [ s e a l ] H arold D . M cC o y , No MC-PC .66790.. By order of June transfer to 'Richmond Pigeon Carriers, Secretary. Jj’ J9- * ^he Transfer Board approved ihc., Staten Island, N.Y., of the operating [F.R. Doc. 64-6205; Filed, June 22, 1964; e transfer to David Weiss and Murray rights in Certificate in No. MC 113100, is- 8:49 a.m.]

CUMULATIVE CODIFICATION GUIDE— JUNE

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 Juné. Î CFR Page 5 CFR Page 6 CFR Page CFR Checklist-_ 7139 213------7235,7380, 7505, 7661 3 CFR 300______:__ ...__ . 7766 322______7795 r° clamations: 511______7801 386------;______7795 534______7801 7 CFR o r d e r s : : - - ^cunvE P roposed R u l e s : lH56—.— ----- ______7855 890 ,7Q9>7 No. 122___ 8 ■ 7964 FEDERAL REGISTER 7 CFR— Continued Page 12 CFR— Continued Page 19 CFR— Continued c Page 29___ 7709 4— ______— 7413 6— ------— ------„— 7420 51___ 7761 208______7816,7817 10— ------— ------7420 52—______7909 508-______7417 P roposed R u l e s : 54_.____ —______7709 545— — ______— ______7417 1 ------7327 55 .______7709 563______— ______7417 21 CFR 56______7709 P roposed R u l e s : 70______7709,7857 10 _i______- 7676 1------i ------7284 81______7585 1 1 _____ 7676 3— - — ------— 7382 301___ .—______7451,7863 12 ____.______— ' 7676 8— ------7421 401____ -______7413 15— _____ — ___ - ______7676 17------7712 37------— ______7240 718______- ______7311,7863 13 CFR 722______7312,7865 120 ------— ------7597 724______- 7588, 7763 107______7144 121 ______7240, 121_____ 7312 728 ______-______7139, 7912 7318, 7382, 7461, 7462, 7597, 7767, P roposed R u l e s : 7768,7819, 7878, 7927. 729__ —,______—— ______7801 107— ___„______.i. 7151 730 ___ 7916 130— ______7149, 7820 778______- ______7867 14 CFR 146 ______7625,7642 146c— ______7928 908______7375, 7589, 7871 1 [N e w ]______- — 7452 147 ______'______7840 910______7235, 7375, 7590» 7871 13______—______— 7452 148_.______7626 911______7871 14^____—— ______— 7458 148a------7627 916 ______7139-7141,7590 33 [N e w ]______„ ____ 7453 148b______7629 917 ______7141-7143, 7452,7505 35 [N e w ]______7458 148c______7631 922______S3 7803 61 [N e w ]______7594 148d______7634 923—__ - ______- ______— 7375, 7763 71 [N e w ]— — ______— 7145. I48e______:— ______— ___ 7643,7840 965______7143, 7376, 7590 7146, 7237, 7238, 7313, 7314, 7418, 148f______- ______7636 980______7143, 7377, 7591 7419, 7505, 7595, 7766, 7817, 7818, 148h______- ______7637 1002______7283 7879,7921-7923. 148j______7653 1032__—______i—______7235 73 [N e w ]______7314,7595,7923 148k ______—------— 7841 75 [N e w ] — 1040______—,______- 7377 _____ — ______7238,7596 148m______7640 1042 ______- 7378 95 [N e w ]______7662 148o______7655 1043 ______— _____ .— 7379 97 [N e w ]______7365,7419,7540,7880 148p------7846 1074______7235 99 [N e w ]_ „ ______— — ______7146 148r______7849 1135______7916 302 ______——— ______7314 148t______— ------— 7849 1137______7918 507.___ 7238,7315,7419, 1201______7661 7596, 7667, 7668, 7767, 7923-7925 P roposed R u l e s : 15 ______- ______7392 1421___ 7591, 7662, 7763, 7804, 7806, 7872 551—____ —.______— ______— 7459 16 _ l ______7247 1443___ 7594 P roposed R u l e s : 121______7427, 7473, 7687,7823 1485—______— — — 7312 3______— ______7475 130______7823,7824 P roposed R u l e s : 4b_— ___- ______— — — 7170 146a______- ______- 7728 7—— _____ — ______7775,7776 51 _ 7242, 7327,7770 146c____ ;______:______7728 52 ______—______7771 23 [N ew ]______§_____ 7475 146e______- ______7728 922_____ 7938 25 [N e w ]______7170 923______7727 61 [N e w ]______— 7150 22 CFR 987—____ - ______7686 71 [N e w ]______7328, 133______7878 989______7771 7428, 7515, 7516, 7604, 7778, 7942 73 [N e w ]______7429,7778 24 CFR 1001______- ______- ___— 7150 ___ 7671 1006 ______- 7150 75 [N e w ]____ 7328, 7329, 7428, 7604 200 201 _ 7820 1007 ______— 7150 91 [N e w ]______— — 7605 ___ 7508 1014 ______«v— 7150 507______7247,7605, 7606, 7692 903 231__ 7508 1015 ______— 7150 15 CFR 1030—_____ — ______7426, 7551 25 CFR 1031 _____——______7551 201— ______- ______7316 7Ö28 371—.______— ______— 7420 91 1032 ______7426,7893 221 _ 7284 1048______7687 16 CFR P roposed R u l e s : 1062______7426 13______— 7147- 221 _ 7286 1067______- ______— 7426 7149, 7460, 7506-7508/7668, 7669, 1125______7246, 7773 7711,7712, 7819, 7925,7926. 26 CFR l 7421.7671,7713,7715 1131______7286, 7938 35______7669 7928 20 1135______7551 60______7670 7929 1137______7557 61-______:______— 7670 41 ______771g 8 CFR 71______— ____ 7926 118______:____ 7670 P roposed R u l e s : 214______7413 1 7426. 7513. 7679, 772b, 236______— 7236 152______7460 242______,______7236 154______7670 28 CFR 7383, 7422,7423 246—— ____ —— ______7236 402_____ 7316 o______P r o po sed R u l e s : P roposed R u l e s : 3______£______7473 69______7568 29 CFR on 7716,7821 17 CFR ____ 7 1 « 9 CFR 603------7598 74 — —- ____ —— — 7236,7921 231______7317 240______7239,7283, 7380 7 8 ____ —— —______7237 P roposed R u l e s : 7289 94— ______7237 18 CFR ------" I - ______7823 P roposed R u l e s : »so------7289 10 CFR ------' 140—___ 7710 141— ______—.____— 7330 P roposed R u l e s : 260— ______————— 7330 30 CFR 7318 30____ — ______- 7393 19 CFR 12 CFR 3 — ______— ——— —— 7420 1 7283, 7546, 7594 t 4_____ 7671 Tuesday, Ju n e 23, 1964 FEDERAL REGISTER 7965

Page 30 CFR— Continued 41 CFR—Continued page 46 CFR—Continued Page ______7 3 1 9 8-51— ------7548 78------7353 ______7 3 1 9 8- 52____ 7548 90 ------7353 ______7 3 2 0 9- 5______7549 91 ------7353 ______7 3 2 0 11-1______7240, 7384 98------7354 ______7 3 2 0 11-5______7384 110------‘______7355 ______7 3 2 1 11-7______7384 111------7356 ______7 3 2 1 11-60______7325 112_------7358 ______7 3 2 1 113------7358 ______7 3 2 1 43 CFR 160------7358, 7388 ______7 3 2 1 3610______7934 162------7360 ______7 3 2 2 P u b l ic L and O r ders: 164------7360 ______7 3 2 2 1843 (revoked in part by PLO 167------7361 ______7 3 2 2 3406)____ 7765 176___------7362 ______7 3 2 2 3343 (corrected by PLO 3404) _ 7720 180______7390 ______7 3 2 2 3401 ______7285 182____ 7362 ______7 3 2 2 3402 _ 7549 187.______7362 ______7 3 2 2 3403 ______7549 512______7721 3404 ______7720 32...... ______7 3 2 3 P roposed R u les: ______7 3 2 3 3405 ______7720 290______7392 ______7 3 2 3 3406 __ 7765 510______L ___ 7429 35______—— ______7 3 2 3 3407 ______7879 536______7826 36______— ------— ______7 3 2 3 P roposed R u l e s : 3221______7938 3 2 C FR 47 CFR 3222______:______7938 1— — ______7821 706...... j ^ B u m ------______7 5 4 6 2______7390 805______— ------— 7 — ______7 8 0 7 45 CFR 1801______7 8 9 1 13______7462 142------7598 21______7821 1802______7 8 9 1 160— <.------7600 1807______,______7 8 9 1 73______7463, 7468, 7471, 7535, 7936 401______7510 89______7769 3 3 C FR 46 CFR P roposed R ules: 3...... 7 4 2 4 1______7292 203...... - __ 7383, 7892 2______7345, 7388 10------7346 21______7151 3 6 CFR 25______7346, 7388 25______7395 7...... _____ 7 3 2 4 30 ______7347 31______7474 34 ______7396 3 7 C FR 31 ______7347 32 ______7347 35 ______7396 Proposed R u l e s : 73______7774, 7775, 7943-7945 ______7 1 5 0 33 __ 7349 35------7349 91______7151 3 8 CFR 50______7349 49 CFR 2______51-i------7349 3...... 95______7425 52------7350 97______7241 3 9 CFR 55___------7350 57______7351 170______7425, 7510, 7511 17...... 176______7390 113______59______7352 114-.... 70 ------7352 50 CFR 168__ 71 ------7352 72 ------7353 10______7511,7878 41 CFR 73 _____ 7353 351.______. ______7671 8-7...... 75------i 7353 P roposed R ules: 8-14. 76— ______7353 263______7568

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